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HomeMy WebLinkAbout2001 06-05 .. ...... .. ~ ~ ~ .. .. .. rI' .. ...... rI' ~ ~ ~ ~~ ~ ~ ~ ~ .. .. .. .. 1. /~... ~ ( ... CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, June 5, 2001, at 6:30 p.m. City Council Chambers Roll-call Attendance: if Tammy de Weerd 1/ Cherie McCandless V Mayor Robert Corrie ~ Ron Anderson V Keith Bird 2. Adoption of the Agenda: , I . 3. Presentation for Kiwanis Leadership I Service Awards: rtt.b;l-o.~\ lE~J bir CJ tc+ py t?~ /j .V\Jf ct.V\ ~ ~ 4. Consent Agenda: A. Approve minutes of April 3, 2001, City Council Workshop: Appr .r~i~U~S of April 1 0, 2001, City Council Special Meeting: ftp p VlJv~ Approve minutes of April 17, 2001] City Council Meeting: A-1p.yo ~ Proposed Agreement with ACHD - Meridian Fire District Station Right-af-Way dedication on North Ten Mile Road: ftppyfrV'V Tabled from May 15,2001: 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 Overlanq Roa,d: J ~{.. l 0 ( V\AO Ve, tc> ~ E -- <nt.to LL -ro v (q Findings of Fact and Conclusions of Law: PP 01-003 Request for Preliminary Plat approval of 23 building lots and 3 other lots on 9.24 acres in an R4 zone by Hubble Engineering for proposed Ashford Greens No.6 - Black Cat Road, north of Cherry Lane: V\Ilo~ to it? p .~ A-pp ro~ Findings of Fact and Conclusions of Law: CUP 01-008 Request for Conditional Use Permit of 3 residential lots to be developed as subdivision, pool, clubhouse and recreation area in an R-4 zone for Packard Subdivision by Packard Estates B. c. D. E. F. G. Meridian City Council Agenda - June 5, 2001 Page 1 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommOdation for disabil ities related to documents and/or hearings,. Please contact the City Clerk~s a.moo at 888-4433 at least 48 hOUrs prior to the PUbliC meeting, /"" (... Development, LLC - north of East Fairview Avenue, west of North Eagle Road on North Hickory Way: ftyp.yVv-c. H. Findings of Fact and Conclusions of Law: CUP 01-005 Request for Conditional Use Permit for gasoline facility consisting of a 3,612 square-foot canopy over 5 multi-product dispensers, cashier's kiosk and parking lot improvements in a C-G zone for Fred Meyer Gasoline Facility by Dakota Company, Inc. - 1850 East Fairview Avenue: {tfJ}f}lrv .V~ I. Development Agreement: AZ 00-026 Requested amendment to Findings of Fact and Conclusions of Law and Decision and Order and Development Agreement for Kodiak Development: AppYOV~ J. Development Agreement: RZ 00-008 Requested amendment to Devel~pment A reement for Devlin Subdivision No.2: AyJr r-o.~ n K. Approve bills: I\rI~JYO ~ 5. Department Reports: A. Public Works Department - Gary Smith 1. Wastewater Treatment Plan Generator installation Project- Bid Results: . nu, ~ C07tftr-?{ if 1-0 CUS/~ /1rJ .@ e c;1",~ C- $ I 1/1 1"7 71 Lj 2- Drilling & Constr~ction. of Well No. ~2 Project - Siq Res~lts:J /MJa~d. to /It-tA.t~dth ( /}v'j fOr f VL?~ {It{ 52 N/ f I S:~3:3 f l /; LY Wells No. 17 and 19 Standby Generator Leasing Pfogram - / Follow-up Report: 2. 3. 4~ Wastewater and Water Departments - Diesel Fuel Delivery Equipment Leasing Program: 5~ Intergovernmental and Developer Surety Agreement between the City of Meridian, ACHD and Glenn Johnson Homes, Inc., for Hartford Subdivision: ('{J ~ B. Meridian ire Department - Chief Ken Bowers: 1 ~ Change Order No. 2 for Fire Station No.2; ftp pj'~O.~ 2. Resolution No. Ol~?ft~6 for Donation of Fire Truck to Gem County Fire District No. 2 - Surplus Property: mYlY~~ C. Planning and Zoning Department - Shari Stiles: Meridian City Council Agenda - June 5, 2001 Page 2 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearingS, Please contact the City Clerk~s Office at 888-4433 at least 48 hOUrs prior to the PUbliC meeting, 8. 9. 10. 11. 12. 13. (.. . c:. 6. 1 ~ Discussion of City Council response to Ada County regarding Powder I}iyer. Subdivision: ,if7j_ WO 1"/& VVI6!1t.tr -fro b rti ff- CiL I t.t JA.. 2~ Ada County Development Services: 01-06-5/01-05-ZC/01- 14-CU/01-15-0TD/01-14-MSP McGrath Family Trust - Westborough Subdivision - Proposed 71 single-family lots on 28.29 acres at the southwest corner of Locust Grove and Chinden Bouleva.~d: L" " ~ /l J ~ 11 UJo r ~ ~L~l ~Jtl.b b \J V vv \.tV6 \. Vl (Items Moved from Consent Agenaa) 7. Ordinance No. : ZA 01-001 Request for consideration of amendments to Title 12, Chapter 6, uPlanned Development'J, and Title 11, Chapter 17 UConditional Uses" of Meridian City Ordinance, along with related changes by Primeland Development: -rahle +-0 0(2b ( 0 I Ordinance No. O(~ql'b : RZ 00-008 Request for rezone of 5~ 17 acres from L-O to R-4 by J-U-B Engineers for proposed Devlin Place No. 2 - south of Devlin Place between Sunburst Subdivision and Sunnybrook Farms: A,1,YYllVV Continued Public Hearing from May 15,2001: RZ 01-003 Request for rezone from R-4 to <<.~Jor Partition Specialties, Inc by Ronald and Coleen Scha ub - 1315 N ort Merid ian Road:. ~~. /7 A +0 t/1t'(Jlv'tJ./ PC:: C'~ Pay ltp~lJ.V ~~ Conti ued Public Hearing: 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 - n~~h~est o~ Meridianrand ~sti~k Roads: e4'Y1 ~d -10 f1 ~ =t C/O.V11\/V\I\, L ~ Sn. OY'-J ~ ontinued Public Hearing: 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 Roa~s: C i c... .. . j /2, g.. to p.., ~ ...oIVVL VVVl..o ~ ifv--' ~ Public Hearing: 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: 1_. ~Ot~f1 ~'\,v~. fg '0 l. ('1 { 0 t Public Hearing: 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 Ro1_anQ west of Eagle Road: Cto l/lAh v'V'vC.L . 1 D to l (C( L. 0 I Meridian City Council Agenda - June 5, 2001 Page 3 ofS 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. 18. 19. 20. 21. 22. c. ... ('....:. . 14. Public Hearing: 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 Wiest of Eagle Road: (t.bvthli ~ tti 0' ( (€j b I Public Hearing: 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.~~S~I.C. Outreach Ministries, (Inc - 1304 West 1st Street: e,. OVl11 ~~'\A.lt~, -h? to { L q 0 ( Public Hearing: 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 Trpytner Busine~s ParkT between Waltman Lane and Ten Mile Road: lJ)lLl1t~ 11; VIlla 0 I Public Hearing: PP o1-do 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: ~ t,onf1f\,ttL tv \tJ(lq[ 0 ( Public Hearing: AZ 01-007 Request for annexation and zoning of 4 acres from R-1 to C-C for proposed Hark's Corner by Van Haes Properties - 119 South L~nder Road: 0 It - . ~.Ipp~ fF J tL -fD y- M.~c-v-00L- pubrc ealing: 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 C rner by Van Hees Properties - 119 South Linder Road- ~ to. . (~ R==-r~~L~ tLp .... ~ Publi Hea ing: 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 an Meridian Road: f!!J t.\;h(~ lot fa 0 I Public Hearing: RZ (Jf.. 04 Request for a rezone from an R-8 to L-Q zone for Meridian Water Department by Meridian Water Department - 35 Northwest 8th Street: rLh r\A.JLL 10 0.1, C/ [0 i Public Hearing: At'-O'1-003 Request for annexation and zoning of 371.42 acres from RUT to R-4 and C-G zones for proposed Bridgetower Crossing Subdivision for a planned development consisting of residential, office and commercial uses generally located at 2420 Ustick Road: ') { (1) .'l,fl ;~t,tV -to 1 d- 0 ( 15. 16. 17. Meridian City Council Agenda - June 5) 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 bours Prior to the PUbliC meeting, 23. 24. 25. 26. 27. 28. c: ~ Public Hearing: 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 D~~.h f\AJ~ ~ IR {{Vi {O I Public Hearing: 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 - nortl1east corner of Overland and Meridian Roads: CJiMv~ -to ctJ({C[ {OJ 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 Wa south from Overland Road: rvn flNLl, -ft, '1 ~ I () I C P 01-013 Request or 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 Gr;ove and south of East Wilson Lane: I~ lL .fD ftl({ CI L 0 I C 01-01 0 Req u~st I for a Conditional Use Permit for a free-stand i n9 coffee hut with a drive...thru in a proposed C-G zone for proposed Moxie Java by T JBJ, Inc. - 1975 East Fairview: 'Ttl~(.e -l-v h((q lot Time Extension: TE 01-005 Request for a time extension by Pinnacle Engineers for Blackstone and Coral Creek Subdivisions (fka English Gardens Subdivision) origJnally approved by Council on June 6t 2000: {}ppY~ (12.1; tJ1jj- 10 f!J((p( 0;'- Meridian City Council Agenda - June 511 2001 Page 5 ofS All materials presented at public meetings shaH become property of the City ofMeridjan. Anyone desiring accommOdation for disabilities related to documents and/or hearings~ Please contact the City Clerk'S o.moo at 888-4433 at least 48 hOUrs prior to the PUbliC meeting. c:.... ~.. CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, June 5, 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 Changes 3. Presentation for Kiwanis Leadership I Service Awards: Presented 4. Consent Agenda: A. Approve minutes of April 3t 2001, City Council Workshop: Approve B. Approve minutes of April 10, 2001, City Council Special Meeting: Approve c. Approve mi n utes of April 17, 2001, City Cou nci I Meeti ng: Approve D. Proposed Agreement with ACHD - Meridian Fire District Station Right-af-Way dedication on North Ten Mile Road: Approve E. Tabled from May 15, 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 BE F. Findings of Fact and Conclusions of Law: PP 01-003 Request for Preliminary Plat approval of 23 building lots and 3 other lots on 9.24 acres in an R-4 zone by Hubble Engineering for proposed Ashford Greens No.6 - Black Cat Road) north of Cherry Lane: Move to 6F Meridian City Council Agenda- June 5, 2001 Page 10ft All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation fur disabilities related to documents and/or hearings, Please contact the City Clerk~s Office at 888-4433 at least 48 bours prior to the PUbliC meeting. (, ...:. ... C.. G. Findings of Fact and Conclusions of Law: CUP 01-008 Request for Conditional Use Permit of 3 residential lots to be developed as subdivision, pool, clubhouse and recreation area in an R..4 zone for Packard Subdivision by Packard Estates Development, LLC ~ north of East Fairview Avenue, west of North Eagle Road on North Hickory Way: Approve H. Findings of Fact and Conclusions of Law: CUP 01-005 Request for Conditional Use Permit for gasoline facility consisting of a 3,612 square-foot canopy over 5 multi-product dispensers, cashier's kiosk and parking lot improvements in a C-G zone for Fred Meyer Gasoline Facility by Dakota Company, Inc. - 1850 East Fairview Avenue: Approve I. Development Agreement: AZ 00-026 Requested amendment to Findings of Fact and Conclusions of Law and Decision and Order and Development Agreement for Kodiak Development: Approve J. Development Agreement: RZ 00-008 Requested amendment to Development Agreement for Devlin Subdivision No.2: Approve K. Approve bills: Approve 5. Department Reports: A. Public Works Department - Gary Smith 1. Wastewater Treatment Plan Generator installation Project - Bid Results: Award Contract to Custom Electric - $144.977 .42 2. Drilling & Construction of Well No. 22 Project - Bid Results: Award Contract to Riverside, Inc., for PVC casing - $155,334.64 3. Wells No. 17 and 19 Standby Generator Leasing Program- Follow-up Report: Not Presented 4. Wastewater and Water Departments - Diesel Fuel Delivery Equipment Leasing Program: Not Presented 5.. Intergovernmental and Developer Surety Agreement between the City of Meridian, ACHD and Glenn Johnson Homes, Inc., for Hartford Subdivision: Approve B. Meridian Fire Department - Chief Ken Bowers: Meridian City Council Agenda - June 5, 200 I Page 2 of2 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. ( (<.......:.: .. 1. Change Order No~ 2 for Fire Station No.2: Approve 2. Resolution No. 01-365 for Donation of Fire Truck to Gem County Fire District No.2 - Surplus Property: Approve C. Planning and Zoning Department - Shari Stiles: 1. Discussion of City Council response to Ada County regarding Powder River Subdivision: Shari to work with Tammy in drafting letter to Ada County 2. Ada County Development Services: 01-06-5/01-05-ZC/01- 14-CU/01~15-0TD/01-14-MSP McGrath Family Trust - Westborough Subdivision - Proposed 71 single-family lots on 28.29 acres at the southwest corner of Locust Grove and Chinden Boulevard: Shari to work with Tammy in drafting letter to Ada County 6. (Items Moved from Consent Agenda) E. Tabled from May 15,2001: 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: Table to 6/19/01 F. Findings of Fact and Conclusions of Law: PP 01-003 Request for Preliminary Plat approval of 23 building lots and 3 other lots on 9.24 acres in an R-4 zone by Hubble Engineering for proposed Ashford Greens No.6 - Black Cat Road, north of Cherry Lane: Approve 7. Ordinance No. : ZA 01-001 Request for consideration of amendments to Title 12, Chapter 6J uPlanned Developmenf', and Title 11, Chapter 17 UConditional UsesJt of Meridian City Ordinance, along with related changes by Primeland Development: Table to 6/26/01 8. Ordinance No. 01-918: RZ 00-008 Request for rezone of 5.17 acres from L-Q to R.,.4 by J..U-8 Engineers for proposed Devlin Place No.2 - south of Devlin Place between Sunburst Subdivision and Sunnybrook Farms: Approve 9. Continued Public Hearing from May 15,2001: RZ 01-003 Request for rezone from R..4 to C-C for Partition Specialties, Inc by Ronald and Meridian City Council Agenda - June 5. 200 I Page 3 of3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabil ities 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. { "" : Coleen Schaub - 1315 North Meridian Road: Attorney to Prepare Findings of Facts and Conclusions of law 10. Continued Public Hearing: 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: Remand Back to Planning and Zoning Commission for New Public Hearing 11. Continued Public Hearing: 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: Remand Back to Planning and Zoning Commission for New Public Hearing 12. Public Hearing: 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: Continue to 6/19/01 13. Public Hearing: 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: Continue to 6/19/01 14. Public Hearing: 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: Continue to 6/19/01 15. Public Hearing: 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.LC~ Outreach Ministries, Inc - 1304 West 1st Street: Continue to 6/19/01 16. Public Hearing: 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 Parkt between Waltman Lane and Ten Mile Road: Continue to 6/19/01 17. Public Hearing: 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 - Meridian City Council Agenda - June 5~ 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. (.. (.. south of Troutner Business Park, between Waltman Lane and Ten Mile Road: Continue to 6/19/01 18. Public Hearing: 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: Attorney to Prepare Findings of Facts and Conclusions of Law for Approval 19. Public Hearing: 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 cOMe zone for proposed Hark's Corner by Van Hees Properties - 119 South Linder Road: Attorney to Prepare Findings of Facts and Conclusions of Law for Approval 20. Public Hearing: 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: Continue to 6/19101 21. Public Hearing: 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: Continue to 6/19/01 22. Public Hearing: AZ 01-003 Request for annexation and zoning of 371.42 acres from RUT to R-4 and C-G zones for proposed Bridgetower Crossing Subdivision for a planned development consisting of residential, office and commercial uses generally located at 2420 Ustick Road: Continue to 7/3/01 23. Public Hearing: 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: Continue to 6/19/01 24. Public Hearing: 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: Continue to 6/19/01 25. 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 6/19101 Meridian City Council Agenda - June 5, 200 I 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 and/or hearings~ Please ccntactthe City Clerk'S Office at 888-4433 at least 48 hOUrs Prior to the PUbliC meeting. {""" """ ~-:."" " c... .....: 26. 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: Tabled to 6/19/01 27. 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: Tabled to 6/19/01 28. Time Extension: TE 01-005 Request for a time extension by Pinnacle Engineers for Blackstone and Coral Creek Subdivisions (fka English Gardens Subdivision) originally approved by Council on June 6, 2000: Approve Time Extension Through 6/6/02 Meridian City Council Agenda - June 5,. 200 1 Page 6 of6 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. Meridian City Council Meetina June 5~ 2001 The regularly scheduled meeting of the Meridian City Council was called to order at 6:35 P~M~ on Tuesday June 5,2001 by Mayor Robert D. Corrie. Members Present: Cherie McCandless, Ron Anderson, Mayor Robert Corrie, Tammy de Weerd, and Keith Bird~ Others Present: Ken Bowers, Brad Watson, Tom Kuntz, Gary Smith, Shari Stiles, Dave Bowman and Shelby Ugarriza~ 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: Item 3. Presentation for Kiwanis leadership I Service Awards: Item 4. Consent Agenda: A. Approve minutes of April 3,2001, City Council Workshop: B. Approve minutes of April 101 2001, City Council Special Meeting: c. Approve minutes of April17J 2001, City Council Meeting: D. Proposed Agreement with ACHD - Meridian Fire District Station Right-af-Way dedication on North Ten Mile Road: E. Tabled from May 15, 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: F. Findings of Fact and Conclusions of Law: PP 01-003 Request for Preliminary Plat approval of 23 building lots and 3 other lots on 9.24 acres in an R-4 zone by Hubble (:. . (., .. Meridian City Council Meeting June 5f 2001 Page 2 Item 6. Item 7. Engineering for proposed Ashford Greens No.6 - Black Cat Road J north of Cherry Lane: G. Findings of Fact and Conclusions of Law: CUP 01-008 Request for Conditional Use Permit of 3 residential lots to be developed as subdivision, pool, clubhouse and recreation area in an R-4 zone for Packard Subdivision by Packard Estates Development, LLC - north of East Fairview Avenue, west of North Eagle Road on North Hickory Way: H. Findings of Fact and Conclusions of Law: CUP 01-005 Request for Conditional Use Permit for gasoline facility consisting of a 3,612 square-foot canopy over 5 multi- product dispensersJ cashier's kiosk and parking lot improvements in a C-G zone for Fred Meyer Gasoline Facility by Dakota Company, Inc~ - 1850 East Fairview Avenue: I. Development Agreement: AZ 00-026 Requested amendment to Findings of Fact and Conclusions of Law and Decision and Order and Development Agreement for Kodiak Development: J. Development Agreement: RZ 00-008 Requested amendment to Development Agreement for Devlin Subdivision No.2: K. Approve bills: E. (Items Moved from Consent Agenda) Tabled from May 15, 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: F. Findings of Fact and Conclusions of Law: PP 01-003 Request for Preliminary Plat approval of 23 building lots and 3 other lots on 9.24 acres in an R-4 zone by Hubble Engineering for proposed Ashford Greens No.6 - Black Cat Road, north of Cherry Lane: Ordinance No. ZA 01-001 Request for consideration of amendments to Title 12, Chapter 6, "Planned t. Meridian City Council Meeting .... J une 5~ 2001 Page 3 ( \..:. Development", and Title 11, Chapter 17 "Conditional Uses" of Meridian City Ordinance, along with related changes by Primeland Development: Item 8. Ordinance No. 01-918: RZ 00-008 Request for rezone of 5.17 acres from L-Q to R-4 by J-U-B Engineers for proposed Devlin Place No.2 - south of Devlin Place between Sunburst Subdivision and Sunnybrook Farms: Ugarriza: Irs Ordinance No. 01-918. Corrie: Okay. If you wi II read Ord i nance No. 01-918 by title on Iy at th is time. Ugarriza: Ordinance No. 01-918~ An ordinance finding that Dan Wood is the owner of certain real property have made a written request for rezone of the classification for real property on the north side of Cherry Lane east of Ten Mile Road Meridian Idaho that lies within the boundaries of the City of Meridian from L-O, limited office district, zoning district to R-4, low density residential district as defined under Meridian City code section 11-7-2c. Repealing all ordinancesl resolutions, or parts there of in conflict herewith and directing the City Engineer to add said rezoning designation to the official maps of the City of Meridian Idaho. Corrie: Okay. Is there anyone in the audience that would like to have the Ordinance 01-918 read in it's entirety? Okay. Council, I'll entertain a motion on the Ordinance No. 01-918. Anderson: Mr. Mayor.. Corrie: Mr. Anderson. Anderson: I would make a motion that we approve Ordinance 01-918. A request for rezone of 5.17 acres from L-Q to R-4 for proposed Devlin Place No. 2 with suspension of the rules. McCandless: Second~ Corrie: Motion was made to adopt Ordinance No~ 01-918 with a suspension of rules. Any further discussion? Hearing none, roll call vote please. Roll-call: De Weerd, aye; Anderson. aye; McCandless, aye; Bird, aye. MOTION CARRIED: ALL AYES ( \'. Meridjan City Council Meeting J una 5, 2001 Page 4 (..: ... . Item 9. Continued Public Hearing from May 15, 2001: 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: Corrie: Item No.9 is a continued Public Hearing from May 15, 2001. This is a request for rezone from R-4 to C-C for Partition Specialties Inc. by Ronald and Coleen Schaub 1315 north Meridian Road. At this time I will open the continued Public Hearing and have staff comments first. Stiles: Mr~ Mayor and Council. This was continued in order to give the applicant a chance to be here and address some of the comments that we had. One of the comments was that it appears that they are currently operating without a Conditional Use Permit or without the property being rezoned. It doesn't appear to be operated as an office. The Planning and Zoning Commission, their recommendation was to not agree to the C-C zone that was requested but to allow an L-O which would allow an office and hopefully theytre here and they're able to address some of the comments that have been made~ Corrie: Thank you. Is the representative or owner here? Unidentified: Yes. Corrie: Come up.. Give your name and address please. Schaub: Ron Schaub, 376 Wilmington Drive Meridian Idaho. Corrie: I guess, nothing but questions we had in reference to --.. You're requesting a C-C and the Planning and Zoning said L-O. Comments? Schaub: The only reason we applied for the C-C zoning originally is the property next to us was (inaudible). A very low impact family owned business. (inaudible). We have 1 and a half-staff members. (inaudible). L-O is fine with me. We have no other intent of using that space other than a home for our computers and salesman and a secretary. I'm there in and out so often. I don't even know when I'm in town anymore. I was out of town the first time this was heard (inaudible). My 12 year old took the message that you called from the best that I cou Id gather. We were unaware of the fact that we were even on the (inaudible). Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: Sir, are you doing any fabrication or any delivering or receiving out of that? Meridian City Council Meeting June 5t 2001 Page 5 C... .. Schaub: No. Everything that we buy --. We don't buy anything that's shelf stock or sell anything that is shelf stock. As an example we - our main business is the big (inaudible) walls in the convention centers like Boise Center on the Grove. (inaudible) Everything that we order has to be fabricated and is built directly on the job sites. It is impossible for us to inventory anything. We get a couple of UPS shipments now and then and maybe a couple of Airborne shipments, maybe of blueprints. We fabricate nothing. We stock no inventory other than little parts on our service criteria. I travel so much anymore, in the original applicant I think I put 1 and a half or 2 and a half people. I'm kind of that half person unfortunately. I forget where I live most of the time. I do a lot of work all over the northwest. We're one of the few companies that do convention centers (inaudible). We really are like a mail order house I guess. (inaudible). Three computers, copy machines~ I hope Itve answered. We fabricate nothing. We sell nothing out of that Bird: You have no walk in trade, then? You're strictly a contract business? Schaub: Right. The only time anyone would ever walk in is maybe an architect now and then to say - Bird : To check f yeah. Schaub: We sell nothing out of our facility. This has been a home business for me for about 14 or 15 years. I frankly got tired of going home because I knew I had to deal with calls (inaudible). Bird: I understand~ Thank you. De Weerd: Mr. Mayor. Corrie: Mrs4 De weerd. De Weerd: I'm not sure what day it was, I think we've had this continued a couple times now. When it was first noticed to the public, several of your neighbors came, or several neighbors to that piece of property came and mentioned that there is traffic generated from this and commented about pick ups and trailers that had been using the alleyway. One of the neighbors was concerned about his fence being taken out by one of these trailers. That is why we wanted you here. So you'd have a chance to- Schuab: When we bought the property it took about 3 months just to tear it and gut it. I had both of my tool trailers there and a flat bed. Maybe that - We haven't that I'm aware of done any damage to any fence. I know all of the neighbors on this side of the street. I've never talked to any of them behind us. I've never had one comment made to me personally from anybody that we're creating an issue. As far as I know, I do have a couple of installers, but all the trailers are stored up ~/ (.. . Meridian City Council Meeting June 5J 2001 Page 6 ( at the Meridian Storage facility. Outside of the original about 2 months that it took me to really go in and paint and tear and gut and carpet and junk and stuff, not that (Jm aware of~ Once in a while - I have a truck sitting out back there right now that's one of our work trucks that goes all over~ It's going to be in Nebraska here in 3 weeks. We have outside storage for our vehicles. It's towards Kuna. We rent four spots out there and that's basically where everything stays. I am in the property right now using it. I couldn't afford to not use it at $900~OO a month. I'll play stupid and ignorant~ I've told everybody at the P&Z zoning the same comment that I'm not here to lie or deceive anybody. You can't hide what we do. From the main street and there we are. My wife and I and our project manager are there. We have about 2 cars there~ I cantt wait to get through this process to pave the alley and to get this stuff beyond where we want to be and not use the front at all. I don't know of any issues with the fence and the stuff in the back. I'm ignorant to that, sorry. (inaudible discussion) Corrie: Have you read the recommendations? Schuab: I have~ We're in full agreement with all of them. I would like to just bring it back up again, is the sidewalk issue. I have no problem putting a sidewalk in, but it will be the only sidewalk in that area there. I was told at the P&Z when we were here last time that it's going to come out when they do the widening of the street. So, it's a temporary thing. To me it's just a waste of money, but obviously we'll put it in if it's part of the compliance~ As far as the other recommendations with the alley and the parking, we want to do that anyway. We need that. That will help Simplify I think a lot of the issues. I'm just on a hold pattern too with some of the landscaping we want to do, not knowing what has to be accomplished and if it's approved. I wasn't going to spend the money obviously to do all the improvements not knowing where we were going ~ Corrie: Any other questions? Bird: I have none~ (inaudible discussion) Corrie: Okay. Thank you. Is there anyone else from the public who'd like to issue testimony on this item? Peters: My name is Gene Peters, 1323 north Meridian Road. I live next door to the property from Mr. Schuab~ I'm certainly not against Ron moving in there or doing business out of there. I was here last time and the other neighbor was also here. He's not able to be here tonight. I'm here just to say my main concern is with the alleyway. Whether Ron knows it or not, there is a lot of traffic of his that goes the full length of the alleyway, all the way from Maple to Cherry everyday~ ( . ( ,.~~:. Meridian City Council Meeting June 5t 2001 Page 7 I'm not home everyday but I even see it in the evening~ Last Friday, whatever was going on there was a semi that tried to take the alleyway to unload stuff in the back alley. The reason I know that is I was out in the back working in my own yard. I have nothing against anybody going in the alley. My main concern is that I think the alley's being used to keep the dust down and son on~ Our request for paving the entire alley ought to be considered. We all use that alley but I'll tell you it's seldom. The alley is there mainly for the trash pick up. I have a travel trailer and another trailer in the back that I get out periodically. Usually in the fall of the year. Other than that, no one uses that alley except they will be using it. Did I not hear that there's not very much traffic? Or did I not hear that? De Weerd: That's what he said. Peters: ThereJs trailers and trucks every single day in and out of that place. Like I say it don't care about that but I want to make it clear that there's a lot more traffic there than meets the eye. There has been stuff going on in the garage other than 3 months ago. That's fine. I'm not here to lie either as I heard him say. I want to be a good neighbor and I want to have him do his thing but I do hope you folks will consider the request for a full alley paving for dust purposes and so on. You're talking about fences being taken out. The neighbor next to me was concerned because he's seen guys come through and nearly miss his corner posts~ Apparently he has never been able to talk to Ron. I very seldom see Ron. I'm not beside talking to him when I do see him. I'm sure we can discuss some of this too. De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: So, Mr. Peters, your main concern is the dust that's created by the traffic in the alley. Peters: Yes I am. De Weerd: So, they're traveling the whole length of the alley? Peters: Oh, yes. There's seldom when anybody will come through when it won't be one way or the other and itJII go all the full distances because of the trailers they're towing. It isn't just coming in off of the south entrance and coming in and driving out. It's the full alley that they're using. I guess it shows the alley right there from Cherry to whatever that is. I guess that's Maple on top on the north end. Corrie: Okay ~ Any questions? Bird: I have none. (.... . Meridian City Council Meeting J una 5t 2001 Page 8 (.... :. .. ..: Corrie: Thank you. Is there anyone else who'd like to issue testimony at this point? I guess, Ron we need to have you answer those questions that he brought to US. Schuab: Well, I need to address with my projects with my staff to find out what they are doing. I think Gene said I'm out of town quite a bit so it beats me. I can't answer that. I don't know anything about the semi. I was out of town all last week~ We had a semi come in and it was for the Boise Rec Center but I donft know how it ended up there. Unless there was a missRorouting shipment. It was all the sports equipment for the Boise Ree Center. There's no way you could even material handle all of that. Itfs a full 45-foot semi. Again I don't know. I can readdress that. I'm unaware of that much traffic but I am out of town quite a bit. So, 1'(1 readdress all of that. It's not our intent to have a whole bunch of traffic going up and down that back alley. I do have (inaudible) crew but, I don't know why they're there with all that stuff all the time. ('II readdress that in staff meetings on, mine's Friday. De Weerd: I guess the main concern sounds like the dust that is kicked up from the traffic that is back there~ So, the neighbors when they came in first requested that the whole alley be paved from Cherry Avenue to whatever that other street up is. Schuab: Is it Washington? Maple? Bird: Maple. De Weerd: So, what are your thoughts on that. Schuab: I don't know if I can afford to do it. De Weerd: Would you like us to postpone this so you can (inaudible)? Schuab: I would have to get some costs on that~ De Weerd: To talk to your staff and find out- Schuab: I can readdress the traffic issue with them there on Friday. The dust issue obviouslYt I guess if the paving is what it's going to take to do this, I ultimately will have to do it. It's obviously a cost issue too. It may determine whether or not we keep the property or sell the property. If it's not advantageous for us to put that kind of money into that piece of property. Especially for the convenience of others. De Weerd: I certainly understand that. ~':.. .. . Meridian City Council Meeting June 5, 2001 Page 9 (. Anderson: Mr.. Mayor.. Corrie: Mr.. Anderson. Anderson: I guess, this is an observation of mine. It doesn't seem like we can impose a condition to have somebody pave an alleyway and pave property that's not even theirs. It does seem pretty obvious to me that you are not aware of all the traffic that your business is generating and sending up and down that alley. It seems like a simple matter to me that you ought to talk to your people and tell them to quite using that alleyway. Schuab: I can put that into effect Anderson: That would solve a lot of these neighbors concerns.. Obviously we're hearing from the neighbors and the staff that thereJs a lot more activity and vehicle traffic than what you're aware of. I guess, you know ifs going - ***End of Side One*** Anderson: For us that we're going to have to address with you if you don't address it with your staff first. Schuab: I can surely do that~ I mean, it's one of my rights with my name on the paycheck~ I can deal with all that and implement that too and dictate that that no longer happens. Then we can work it out (inaudible discussion) Corrie: Okay ~ Then you're going to talk to them and --? Schuab: I will mandate it of my staff. Corrie: Okay. Schuab: That all traffic, when traffic is used with the trailers, comes only one way period.. I can also readdress how much traffic and find out exactly what is going on out there. (inaudible discussion) Corrie: Okay. Anything else? Stiles: Mr.. Mayor. Corrie: Shari. (.... ... t,:.. ... .. Meridian Ctty Council Meeting June 51 2001 Page 10 (... Stiles: Mr. Mayor, I just wanted to make sure that Mr_ Schuab knew that he is not legally operating there and these requirements are requirements prior to operating. That they need to have the drainage done and get the pavement in and meet all these requirements. Ada County Highway District requirement was to pave from their north property line to Cherry but not north of there~ I don't know if there's any kind of cooperation among the neighbors that could help pay for the remainder of that. I know when Mr. Peters came in, it was a requirement of his rezone in order to have commercial property to pave the alley up to his property and to and through his property~ I don't know if there's any interest in trying to cooperate with that. I just don't want this to turn into an enforcement problem where we're forced to go out there and start some action because you're not complying with the ordinance. I just want to make sure that you do need to get working on these things and shouldn't be operating until that's complete6 Then if the L-O goes through it is only for an office use. No manufacturing of any kind. Corrie: Any other, Council, questions or testimony in the Public Hearing? Anderson: (inaudible) one more question of Shari, then. Was there a temporary C..,Q or anything signed? Stiles: No. We don't issue temporary C-Os for non-conforming uses. Anderson: Okay~ Corrie: Any other discussion? I'll entertain a motion to close the Public Hearing. If you want to continue it, you can. Bird: No. This lady I think wants to testify, but. Corrie: If we close the Public Hearing, youJII have to make a ruling on the request for rezone. Bird: Shari, I thought, did you say Mr. Peters when he got his that he was suppose to asphalt up to his property? Stiles: I couldnJt swear to that but I recall that that was a requirement of Ada County Highway District at that time. Bird: (inaudible) Stiles: He's not operating commercially there. At least that we're aware of. Bird: Yeah, but it was a condition of getting that zoned. Okay is it zoned that now? Stiles: Yes it is. Meridian City Council Meeting June 5f 2001 Page 11 (~.~........: Bird: Okay~ Then where is his property? Stiles: Immediately north of this other property. Bird: Okay. Where was he suppose zone, from Maple or from Cherry? Pave, I mean. Stiles: I couldn't guarantee, (inaUdible) where that was. That was quite some time ago and it was only upon, I believe it was only upon development of his property commercially ~ Bird: Okay. Corrie: And, he has not done that? Bird: And, he has not done that? Stiles: Not that I'm aware of. (inaudible discussion) Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: With your permission, can we ask Mr. Peters to answer that question if he remembers what the condition was? Corrie: Yeah. Mr. Peters, please. Peters: Yes, I remember. I applied for C-C zoning, can't recall if it was 3 years ago, perhaps or right in that neighborhood. The requirements, I could not meet them so I backed out of my plan and didn't follow through~ But yes that was a requirement. For me to run my business I had to have that paved so I came back to the Council meeting and chose at that time to go elsewhere because I couldn't see at the timeJ the business I was going to do was an antique shop and it was more of a hobby type of thing. I just could not see paving the Ada County alley because I was not anticipating making a great deal of money. In fact it was going to be more of a, I was still going to work a regular job and then just have that on the side. Yes, I still have all my papers and everything at home. I still toy with it from time to time~ Actually, I'm totally shocked that my place was zoned C-C because no one ever notified me that my property was C-C. A month ago when I came to this same meeting over these same purposes.. When you flashed the map up, that's my pink proper right there. Meridian City Council Meeting June 5, 2001 Page 12 (... . ( Bird: I knew it was. Peters: Whether that's something that, -- I mean I don't know how to take that~ I don't know whether it's good or bad or indifferent or what. Bird: I think you need to have Shari explain the process of why that is zoned that Anderson: Why did that get zoned if, -- Peters: Well, I did pay all the fees and everything to rezone~ I just have not complied and I do not run a business out of there~ De Weerd: Well, it sounds like the conditions are placed if you turn that piece of property into a business use. Peters: Yes, they are. I would like to leave it that way, if that's possible because I did pay the fees~ I don't know. Stiles: The city did act on your application to request for zoning for commerciaL Thafs why it was rezoned, is because you requested and with those conditions it was approved~ That's why it was rezoned. Now, if you wanted to come in and add onto your home, you wouldn't be able to do it because you're in the wrong zone. (inaudible discussion) Peters: Okay. So, where do we stand then? Just leave it the way it is? Bird: Yeah. Stiles: I don1t know, I'd have to look at the findings for yours and make that that was a requirement upon changing it to commercial use. I don't believe it would be very equitable for the Schuabs if you immediately started operating. If they had to pave that entire alley and you immediately started operating commercially~ I just wish there was some kind of solution that you could work out with the neighborhood to do this~ Peters: See, at the time I was suppose to pave the entire back yard and make handicap ramps and all that. I just couldn't see that being feasible. Anderson: Mr. Mayor. I have a question Shari. 11m confused because I thought I heard you say for Ron's propertyl Partitions Specialties that we couldn't grant them the rezone until they meet the conditions. Then I'm hearing you say we granted this gentleman his rezone and he's never met the conditions. I'm I confused or what's the story? Meridian City Council Meeting June 5t 2001 Page 13 {: Stiles: We didnJt say they had to meet the conditions before they were rezoned~ Anderson: I though I heard you just say that a couple minutes ago, that they hadn't met any of the conditions~ Stiles: He can't be operating illegally now~ It's a non-conforming use~ It's a prohibited use in that zone. He's not legally operating right now. What happens usually is they ask for a rezone. They're not operating~ They get the conditions of approval. They meet the conditions of approval. Then they get an occupancy. They either get the paving done or they come in and bond for those improvements and the city has a guarantee that those improvements are going to be made. But they don't just move in. I mean that's not what we like to see. ItJs not that we expect everything to be paved and the sidewalk to be built and everything before they can go in there. But he will need to bond for those improvements.. Put up a letter of credit or cash in order that he can get a certificate of occupancy. Anderson: Then why did we go ahead and approve his zoning for C-C if he hasn't met them? Stiles: He's not operating commercially. De Weerd: He doesn't need occupancy~ Anderson: Because he already lived there. Stiles: Yeah. De Weerd: HeJs not in a business use. Stiles: He hasn't changed - Peters: I do live there, yes sir. De Weerd: He hasn't changed his use. Corrie: Now, if he wants to add onto his house, then it's an illegal use because he's in e-c. You understand that, don't you? Peters: I know I would have to turn around and rezone R-4. Waste a lot more of you guys' time. Corrie: It's complicated for you and us too.. Does that answer your question? Anderson: Yeah. Meridian City Council Meeting June 5, 2001 Page 14 ( Corrie: Okay. Thank you Ron. Anything else? Hearing nothing more, ('II either entertain a motion to continue this Public Hearing or to close it. De Weerd: Mr~ Mayor. Corrie: Mrs. de Weerd. De Weerd: I move we close the Public Hearing~ Bird: I second it. Corrie: Okay. Motion's been made and second to close the Public Hearing~ Any further discussion? All those in favor of the motion say aye. MOTION CARRIED: ALL AYES Corrie: Okay. I'll entertain any discussion on the request for rezone R-4 to L-O~ Hearing none, I'll entertain a motion on the request. Anderson: Mr. Mayor, it sounds like to move this thing along we've got to approve this so that the gentleman can go do his work because he's sure not going to go out and do the work until he gets this approved. I mean that doesn't make financial sense to me.. I would make a motion that we approve this request for rezone from an R-4 to C-C for Partition Specialties- Corrie: L-O. Anderson: -- L-Q for Partition Specialties by Ronald and Colleen Schaub at 1315 north Meridian Road and instruct the City Attorney to draw up the appropriate papelWork. Bird: I'll second it. (inaudible) Corrie: Okay. Motion made and seconded. Mr. Bird. Bird: I would like to, what about the paving Mr. Anderson? Anderson: I think if thatfs one of the conditions that ACHD put on theref then he's going to have to meet the conditions. Bird: But, just to his property? Anderson: From the north side of his property to Cherry Avenue. Corrie: Okay. (V'-. .. Meridian City Council Meeting June 5, 2001 Page 15 (:..:.. . De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: I also agree with that. I would suggest that the applicant check with his staff and make sure the traffic is minimal like he has testified to. With that testimony, I don't have a problem approving it. If there was heavy traffic back there I would think that ACHD would need to reconsider paving the whole alley because it does impact and dust mitigation is a high priority in this county right now. With not very much traffic I don't think that should be warranted. Anderson: Mr. Mayor. Corrie: Mr. Anderson. Anderson: I guess just to add a little bit to that comment. I'm not so sure that just paving the alley is the answer. At this point, we've heard from one neighbor but if there started to be tractor-trailer semi traffic going down that alley, we're going to hear from more neighbors. I donJt think that we should try to enforce paving the whole alley and to me that kind of implies that we're saying, yeah, you ought to bring semi traffic down that alley~ I don't think that alley's wide enough or is the appropriate place for semi traffic. I would rather instruct the applicant just to try to keep the trucks out of there and minimize the use of that alley. De Weerd: That's basically what I said. Corrie: Any further discussion? Bird: I have none. Corrie: Hearing none, roll call vote please. Roll-call: De Weerd, aye; Anderson, aye; McCandless, aye; Bird, aye. Item 1 O. Continued Public Hearing: AZ OO~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: Corrie: Item No. 10 is a continued Public Hearing request for annexation and zoning of 100.71 acres from RUT R-4 for proposed Cedar Springs by JUS Engineering northwest of Meridian and Ustick Roads. At this time I will continue the Public Hearing. Staff comments first. ( /~. ( Meridian City Council Meeting June 5,2001 Page 16 Stiles: Mr. Mayor and Council. This is for the property surrounding the 56-acre park at Ustick and Meridian Roads. It has gone through several Public Hearings so far. We did receive a new plat on May 24th with the change. The major change to the plat is showing single family residential where previously was shown future L-Q site. However they still do reference a future L-Q or commercial site. On the Ustick Road side. what would be south of the elementary school they are still referencing future L-O commercial or multi family site. They would be required to develop this as planned development in order to get those uses done. It would not be a spot-zoned situation in the future to change that. So, that would not be possible. What was approved by the Planning and Zoning Commission was the previous plan that had shown that~ They had not seen this plan. The applicant apparently has changed that in an effort to avoid the 10 percent open space that would be required as part of a planned development. They also have removed some of the lots that were adjacent to the future City Park. It was the park departments and the park and rec commission's desire that that be left open as a single loaded street along the entire northern boundary~ This is what they've come back with. There's an issue that we have.. We received a letter regarding Venable Lane. We also got a letter from Gary Lee at JUS Engineers today addressing that What I can understand, what he is trying to say there is, there is a public road right-of-way immediately adjacent to this property~ They have utilized the existing, or the Venable lane area~ Right adjacent to this property there's a 29-foot right-af-way, public road right-of-way that was done in 1908. The Venable lane right-af-way goes up along here adjacent to their property. What the problem would here is that this is a public road right~of-way and it would lead to double loaded streets on this section. I believe that's partly what the person that wrote that letter was getting at is that you would have half of the street section and have to dedicate the other 29 feet or whatever it was if it were a collector entirely on his property~ Then it would lead to these lots having frontage on 2 different streets. We did like the concept at staff, of having the mixed use. However, we could not support it without it coming through as a planned development~ They do have, there are some things that they exceed the block length requirement in some locations. They would require a variance for that~ This latest submittal doesn't show all of the contour lines that I think we do have another sheet that would show that. It's just not overlaid on this particular plat. We did have a meeting with the applicant, discussed the proliferation of 80 by 100 lots and how the Council was trying to discourage that and instead have a greater diversity of lots throughout the city. There is no sewer service to this property. The easements have not yet been obtained. It is in a similar situation to Sundance, which was denied~ Unless you have other questions that's kind of a summary of where we're at right now. (inaudible discuSSion) Corrie: Council, any questions of staff? Hearing none. Okay, this is a continued Public Hearing, Tom. ( Meridian City Council Meeting June 5J 2001 Page 17 Kuntz: Thank you Mayor and Council. Just a comment from the parks department~ One we do appreciate the developer's attempt to try and mediate our concern having open access and visibility to the back of this large park~ Fencing that with a chain link fence, number one will just invite people to enter the park climbing over that fencet number one. Number two the police department may want to comment tonight, but the breakaway gate is not really achieving what they want to achieve. We do appreciate the effort but it needs a little bit more massaging in our opinion. Thank you. De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: Tomt did they work with you on this? Kuntz: No, Ma'am. In fact this revised plat went to the fire department, the police department and I was contacted by the police chief and fire chief to see if I'd seen it~ I contacted the JUB and was told I would get a copy and I still haven't received a copy~ SOJ no Ma'am, they did not. Corrie: Captain Bowman. Bowman: Mayor and Council this is actually the first time 17ve seen this revised plan.. I'd been made aware of that breakaway gate. As far as emergency services are concerned I think I speak for the fire department as well as the police department and emergency medical services, that break away gate is really not the way to go. The obvious problem there is damaging vehicles when you're striking that gate, running over it or whatever else --. I'm not familiar with the mechanics of those particular devices. When I said access to the back park, I meant 24-7J not just in an emergency. Corrie: Okay. Kenny, do you have anything from the fire department? Bowers: Mayor Corrie and City Council Members~ I talked to Gary Lee yesterday on this plan~ We had discussed the 15-foot access road that they had given us. We would need a 29 foot by our, you know for a fire code~ We would need a 20- foot~ Also, Gary and I had discussed, Gary Lee. excuse me and I had discussed. We did not discuss about any breakaway barriers. We had mentioned it but we didn't get into what style or what kind of barriers that we could approve for that area. As you know, 2 or 3:00 in the morning, you pull up to something like those barriers, you don't know if they're the style that you can hit them with your front bumper and knock them down or if you've got to get out and pry them out of the ground by hand. The problem with the ones you have to pry out of the ground by hand, they usually rust up before you can get them out of there so you can't get them out Gary and I have not done any discussion on any kind of breakaway Meridian City Council Meeting J una 5, 2001 Page 18 t.:" .. .~<:... ... : barriers but we do need something in that area to get into the park~ That's .for sure~ Corrie: Any questions for staff? Okay~ Since this is a continued Public Hearing, developer. Schultz: Good evening, Mayor and Members of Council. Matt Schultz, JUS Engineers, 250 south Beechwood representing the applicant. The picture in front of you is kind of an evolution since we last submitted last fall. Initially, we submitted 333 building lots R-4 including lots in those spaces_ Those are typos by the way. The rest of that's future L-O. Those are meant to be removed. We are proposing R-4 lots everywhere. After the first submittal we were hit with the school needing the site as well as Shari mentioned, trying to obtain some sort of diversity in the area. This has been 8 months ago~ We've been through a lot of hearings. We resubmitted to Planning Commission with the school. It dropped actually 60 lots right off the top from the 333~ The school, I think, provides a nice diversity~ We also indicated some other areas where we could potentially convert to L-O~ We're not proposing to do that right now. At that same time, Mr~ Kuntz indicated he'd like to see a single loaded street along the north side. Essentially moving that street that's right here down, sharing that property lines with us to open up the park. From an aesthetic point of view and there's also the safety concerns. They're kind of 2 separate issues but that would have solved both of those potentially~ It brought up some issues that our developer wasn't prepared to accept which basically inviting all those people to park in front of those homes to jump into the park when. The park's a 56-acre park. It's got 2 large parking lots and they had a nice trail around the outside when we first met that could have been used as emergency access pathway. They proposed a stub street through the top end of the school site. We proposed some other options, but the parks department was pretty dead set on the single loaded street idea. We went to a vote and the planning commission voted for us. Staff, specifically wrote in their conditions that Planning and Zoning Commission does not recommend the single loaded street design. We were set to go to Council approximately 45 days ago. We knew that Tom still wasn't really satisfied and it's our intent really to make sure that everybody is satisfied, hopefully~ My client included. That's when we came back. We deleted six lots. That's 480 feet. I mean it's well over a football field long~ 100 feet wide. A very large open area that we're proposing. It looks small on this map but it's a big area~ It provides some nice visibility. We were trying to come up with a design that met the intent of both visibility and safety ~ At the same time didn't fully encourage everybody to park there in front of those people's homes. I respectfully disagree with Mr. Kuntz that people are just going to hop the fence. There's an opening right there 2 lots down that people can walk through. There's no real reason for them to go hopping a fence. They couldt yes but not likely. As far as that issue, we feel like we made a good attempt to meet with Mr. Kuntz over the last 8 months to work out those concerns and that was just 6 lots that we just said okay, here you go~ LetJs do it~ I know Mr. BighamJs not here from Meridian School District but I know that school is top on his priority list f (:.. ~.. . (........:...... Meridian City Council Meeting June 5, 2001 Page 19 of sites to meet the growing needs of the community. As far as Venable lane is concerned, I do have Mr. John Kennedy here tonight who was the gentleman the wrote the letter, or his attorney wrote the letter, excuse me. I received that last time when (inaudible)~ Since that time, we've met twice and talked extensively over the phone~ We've agreed to provide him a stub street up in this area right here~ His property line ends about right there. To give him sewer, water, stub street, power, all those things~ He has agreed that would be acceptable, right? Unidentified: Yes. Schultz: All the utilities. That's his son. I'm very happy to announce that we've been able to work that out. As far as the sewer to the site and the sewer to the park site which is under design right now. Both of these sites do require that the white drain be extended. As we all know that's an on going hurdle that everybody's dealing with. There is an item tonight. I don't know if it's going to be heard tonight or not. The Bridgetower subdivision that will extend that~ We, 6 months ago had given everybody, the design team, the plat required to design alignment. We've designed the preliminary profile for them~ We're ready to grant that easement if you so deem this thing to move forward. We would ask the condition that any kind of permits or kind of final plat based on that sewer being there, which I would hope we all agree is going to be there sometime in the near future one way or another. With that, we meet the open space. We're at 6 percent actually. We've, like I said we were at 333 lots. I believe weJre at 274 now. That's like almost 60 lots. Just a few to make the open space. I think, we've got the school to provide open space. We're not even counting~ That's 80 acres we're not even counting in out open space count that provides a nice amenity for the neighborhood. After hours and things people use those sites for recreation as well as our nice city park that's going to be there. We really think it's a compliment to the community. There is diversity planned for the area. We think R-4 is appropriate with your current Comprehensive Plan. There is really nothing else that could be allowed in this area with your current Comprehensive Plan~ As such we ask for approval tonight with the revision that we change it to 274 lots, I believe. It was 333. It went down to 364 and it's for 274 lots. We're willing to work out some of the construction details on the gate and access. Whether it be bailers to the satisfaction of the police and fire departments. Those are issues that are not real tough to work out~ I presented an alternative. Like Tom said, it requires a little bit of massaging. We do not propose to do a whole sell revision of the site plan which would be required if we wanted to do a single loaded street. I've done some sketches and it alters the site plan considerably to do SO~ I think this meets the intent. With that I ask for your approval tonight and I'm happy to answer any of your questions. Thank you~ Corrie: Thank you. Any questions, Council? Bird: I have none. j" (:.... Meridian City Council Meeting June 5, 2001 Page 20 De Weerd: Mr~ Mayor. Corrie: Mrs~ de Weerd. De Weerd: Is there a reason Matt why you didnJt work with our parks director on your revision here. Schultz: We worked with Tom. We've been to some meetings. This solution here was actually one proposed by him at the Planning Commission. ActuallYJ he proposed all those moore lots basically between the 2 narrow. Because at that time we didn't meet the 5 percent open space. (inaudible) why don't you just lose those lots. At the time we weren't sure that that was the most equitable solution. Since that time, we really have met right where everybody wanted us to meet. Giving up those 6 lots~ It's been a long process but I think we've - We have met numerous times and discussed this. I did submit the 10 copies to the city~ I'm kind of new to the area. IJve only been in the area about a year. I thought they would be forwarded to him. I apologize for not forwarding them directly to him, the revised plan. I just assumed, I sent 10 sets to the city, the parks department would be on that routing list. That's my fault. De Weerd: When you went to design this, you really didn't think people would park in the subdivision? This is a huge park and it's a sports park. It's been designed for some time. Every park that I've ever been in with my kids, people park in the neighborhoods and walk into it. By putting a fence in there, that's not taking advantage of this amenity. It certainly doesn't do anything to a huge 56.. acre park that is our community showpiece. You knew you were building around a park. Those things really need to be included in your plan. Schultz: I agree that we need to work with the city and come up with the best park and subdivision design. We did work with Tom since last July. I mean, it's almost been a year and we have documentation to that effect, asking him is this okay, yes. You know, just provide these 2 access points. We have been working, this change came about in January. 6 months later. We did everything in our power to coordinate with the city. We just kind of got half way through our application, why don't you just revise? That's really not our intent. Yeah, sure people may park there. We're not encouraging it~ There's 2 large parking lots in the city park. We really don't want to turn our subdivision into a parking lot. We don't have to and encourage it. Especially with lots fronting that way. Ilve seen some really large parks in the city of Boise, Simplot Park, there's cars parked all along there but the houses are not facing. It's a collector road where there's no houses facing. We do have houses facing. If a collector road was required. Then that would be something that yeah, the park and the subdivision could maybe share in, plan for. All the initial plans for the park that I saw had no collector road up there. It showed a pathway. A nice wide pathway. A nice landscape buffer on the north side to kind of separate from the subdivision. We just assumed that was a good plan. Some people's opinion that single load streets are great~ Some Meridian City Council Meeting June 5, 2001 Page 21 c..:. . people's opinion that it's not. We're trying to meet in the middle and provide something that provides the visibility of more than a football field. It's big visibility back there. At the same time, use it as an amenity in our subdivision and not really include it in the park~ If we didn't have the fence there, essentially it would be the park's property~ I mean it would be blended right into the park. I donJt know if this park wants to get bigger or how we would handle that continuity. We're providing to not encourage the pedestrian traffic. Although we do have an access path. Yeah, some people could park but there's large parking lots. De Weerd: I believe as the parks liaison, Council liaison, I know TomJs been talking about single loaded streets around this 56 acre park since, long before - Schultz: Since January. De Weerd: -- January. I know that- Schultz: It might have been November. Excuse me~ De Weerd: Okay. Schultz: It's probably more like November we submitted - De Weerd: It is a priority of our parks commission. In my opinion, it's very important to the community's safety. That's something that we need to look at when we annex in proper and look at designs to make sure that this benefits the community's welfare not just one developer. Schultz: I've done a little add to say (inaudible) standing out there, dipping down, hugging the line. Then swinging back up again right through here~ So, essentially that road will dip done, (inaudible) single load and come back up. We would lose 5 or 6 lots of space what we're giving up if you'd like to single load that street and have lots on the north side. Basically open that up to a parking lot. It's not something my developer necessarily wants. He doesn't prefer it. We think this proposal meets the intent of meeting the visibility and the safety concerns which were really mixed into the request to do a single loaded street. I believe we have addressed the safety concerns and visibility concerns that were specifically addressed in your letter I believe that was in April. DeWeerd: Dated April 15th. Schultz: April1Sth that we have. That was a primary concern and we believe that we've done that. It really boils down to a preference of having an open single loaded street there or having an opening that provides visibility and access. Corrie: Thank you. Is there anyone from the public who wants to testify in favor of this request? Okay. I think we have, excuse me. ( .. (/.-... .. ., ( .. ..: : Meridian City Council Meeting J una 5J 2001 Page 22 Lee: My name is Gary Lee with JUS Engineers 250 south Beechwood in Boise representing the applicant, Kevin Howell. I just wanted to clarify an issue about the (inaudible) lane. (inaudible) along the western boundary of this project Maybe my letter wasn't clear enough about where the existing right-of~way is in relation to the subdivision. Maybe I can explain it to you verbally. Venable Lanel as it exists today is south of Ustick Road. I think the property owner previously had made that same concern known to the Council, is situated easterly of the existing driveway. You can see the pointer on there. That's the lane that Shari's pointing to on her drawing~ That's not the boundary of our subdivision. If you go further down Shari to Ustick and then over to the right. See that lane right below your arrow? That's Venable Lane. That's where our western corner starts" It goes due north from there. There's a gap between subdivision boundary, Cedar Springs and the actual lane that's in use today~ Anywhere from 50 to 75 feet. There's a use question there~ The actual lane in use today is not near the property at all. I just want to clarify that, even though the deed of record describes it the east 29 feet of that southwesterly quarter, the lane is there. That's an issue that we've been discussing with ACHD. They're a little bit perplexed about that as well. Our goal with meeting with Kennedy's is to vacate that portion of Venable Lane, give them an access. The problem goes away. If you've got any questions, I'd be glad to answer them~ Corrie: Is there anyone else that's for the subdivision? Okay. I believe Jack Kennedy, against, you signed up~ I'm sorry, John. I'm sorry John. J" Kennedy: Yes, as my letter stated on May 15thJ I was concerned about my land which is the 10 acres just off the corner of the subdivision there would be land lock with the present plat platted the way it was. The Venable Lane, as it was platted then would only run two thirds of the way down to the half section, half mile (inaudible) where the dedicated right-af-way runs all the way to the half mile. That would leave my land with no access. So, I requested from JUB~ This afternoon we worked out the solution that they would provide a stubbed road off from Rhodes Avenue there which is platted today as Rhodes Avenue going west to my land with a stub road there having only utilities in that stubbed out of which would be gas, water, power and sewer. That seems to be a solution to the problem as I see it. If this is implemented then I would have no problem, for access to my land. Corrie: Okay. Thank you John. Is there anyone else? Okay. Council, questions for the Public Hearing? Staff, any further comments? Kuntz: Thank you Mayor and Council. The parks department is certainly willing to meet with the developer's representative and try and massage this current submittal to our satisfaction~ I know that we would want to take the chain link fence and have that removed so it would be free access from Alexis Drive into the park. We would probably recommend moving the common lot No. 26 which is Meridian City Council Meeting June 5, 2001 Page 23 c::...<..... . a pathway so that it's contiguous with common lot 23 to create an asphalt driveway or pathway coming in off of Alexis Drive that could then connect to the inner pathway of the parks~ So that that would take care of the emergency access that we've been discussing. Probably the only other thing that we are going to suggest is that we try and slide that down closer to lots 20 and 21 ~ Since the northwest corner will be the most hidden site on this plat~ We would like to have some discussion about that pathway that goes into the elementary school. We definitely support the need for that. I'm not sure if that's the exact location for it. We may want to slide it down one lot. There's definitely some issues that we'd like the opportunity to discuss~ We're willing to, with Council's approval and the parks commission's approvalJ try and find some middle ground here. Thank you. Corrie: Okay. We're just on the annexation now.. Kuntz: SorryJ Mayor. Corrie: Okay. (inaudible discussion) Corrie: Any other questionsT discussions from Council on the request for annexation and zoning? Assume by hearing nothing, then IJII request Council to close the continued Public Hearing, if you so desire. De Weerd: Mr. Mayor. Corrie: Mrs. De Weerd. De Weerd: It still is an issue as a similar development that of bringing city services to it and not knowing yet the timing issues. It's been brought up with another development. This thing has some of the same issues that the other development had with some of the mixed use stuff. They have now changed the.ir L~O or multi family sites into single family housing. It still has the same issues of concern with the timing off the white drain. Once we annex in, we commit to bringing services to that. We cannot uphold that commitment. It seems that there's some other issues in design. Personally I don't see that thereJs a rush to this~ By delaying it or tabling it, or continuing it, we will allow staff to work out with the parks department and the fire department on this new amenity9 As well, it allows our Public Works department to get us some firmer dates on when the white will be available to connect to it.. Corrie: OkaY9 Any other discussion on that one? Smith: Mr. Mayor. Corrie: Yes, Gary. Excuse me. Meridian City Councif Meeting June 5t 2001 Page 24 Smith: If I might make a comment on the white drainp We received a written confirmation from Bridgetower developers today that they are ready to sign the easement for the white drain on their end. Our consulting engineer is in the process this week of- ***End Of Side Two*** Smith: -- at the beginning point for the sewer is coming to a close. After having said all that. Brad and I will formulate a schedule for you as we were asked to do several Council meetings ago with that information in hand. Present a much clearer and firmer schedule for the construction of that sewer Iine4 De Weerd: 11m sure the development community will appreciate that. Smith: Right. De Weerd: As well as myself. Corrie: Okay. What's your pleasure? Anderson: Mr. Mayor, I'd make a motion to close the Public Hearing. Bird: I'll second it. Corrie: Motion made and second to close the Public Hearing on item 1 O. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES Corrie: Okay. Now, the request for annexation and zoning~ Discussion? Anderson: Mr. Mayor. Corrie: Mr. Anderson. Anderson: I guess I'm like Councilwoman de Weerd. I have a lot of concerns about this particular property. I also feel like there's been substantial changes from the time weJve seen original drawings on this particular project I have concerns about city services including police and fire. This is a fairly sizeable subdivision. With the recent failure of our mill levy, I think that doesn't help us a whole lot. The good thing I guess about the project is that it is contiguous to the city. It would be a logical expansion out. But, with all of the problems that we have with this right no from issues with the parks department and police and fire access I guess I'm not really inclined at this point to see us annex this property until some of these things get worked out and we get some of those issues Meridian City Council Meeting June 5, 2001 Page 25 f/. t.;.. . resolved. I guess, to take it a little bit further too, as Tammy talked about, we look at this 56-acre park as being a very nice luxury that the City of Meridian is going to put in~ It will be a tremendous asset to our city. I don't see the developers are doing anything to really build on and enhance off of that park. We think this would be a tremendous opportunity to build some nice homes with a little larger lot sizes and single loaded streets and things like that. I guess, I'm just not seeing anything in the design on this thing that makes me want to think that this is something that we want to bring in at this point. Those are my preliminary comments. Corrie: Okay. Any other comments? Bird: I have none.. De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: You know, I do think that we still need our city services and our parks department to work with the applicant on this. There has been a bit of change since P&Z approved it and sent it forward. I would be inclined further than to have an action of accepting or denying this~ I would like to remand it back to the Planning and Zoning~ That would be my recommendation~ If you would like a motion at this point, I would be more than happy to make a motion too. Corrie: Any further discussion? Bird: I have none. Corrie: Okay. De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: I move that we remand this application for Cedar Springs subdivision back to Planning and Zoning on the annexation and zoning. I think that's alii can do~ (inaudible discussion) De Weerd: Well, I kind of gave the direction in my introduction so that they can continue to work out the details of what the applicant is now currently proposing on the north side or the south end of their piece of proper that abuts our park. After that staff discussion that it needs to go to Planning and Zoning~ It Meridian City Council Meeting June 51 2001 Page 26 /~ ...:... .. ~\.. ........: (.. ..... has had significant changes to it and still some outstanding issues. I think it's more a P&Z level issue to resolve that than at our level. Bird: Mr. Mayor. Corrie: Mr~ Bird. Bird: Does your motion include turning it back with the plat dated, or signed off by the engineer on 5-24-2001? De Weerd: No, because there still needs to be additional changes with Mr. Kennedy's stub street~ This plat doesn't reflect that either. Nichols: Mr. Mayor. Corrie: You're catching it so go ahead, Counsel. Nichols: Mr. Mayor, Members of the Council. The matter before you, because the annexation and zoning and Preliminary Plat hearings were not opened at the same time, the only matter before you is the annexation and zoning.. Now, you can remand this back to Planning and Zoning but it presupposes that you're going to remand also the Preliminary Plat back. A lot of the discussion with regard to where these common lots are located, the emergency services access, the stub street for Mr. Kennedy.. All of those things really pertain to the plat, not necessarily the annexation and zoning. The things that apply to annexation and zoning are partially due to the applicant's now stating that it's going to be R-4 all the way through which is a change from what was presented to P&Z which was some L-Q lots.. If I understand the thing correctly, that's where that is. Also, when you remand, you need to tell them what it is you want them to look at.. Just to remand it back for more work is really too fuzzy. You need to tell them what it is that you want them to look at specifically. Partly that's so the applicant can know what it is that the applicant needs to address in front of the commission too. As well as staff. We have the annexation and zoning.. What I would recommend you do right now, is you table this one. Then take up your hearing on the Preliminary Plat, deal with that and then come back to this in accordance with whatever you've done on the Preliminary Plat. That's what I would recommend that you do. Anderson: When you table something, Bill, don't you have to table it to a date certain and we don't know how long that --? Nichols: You can table this to take it up immediately after you take up the Preliminary Plat.. It doesn't have to be a date certain. It can be later in the meeti ng . Bird: We can table it to immediately after item No. 11. Meridian City Council Meeting June 5, 2001 Page 27 {'. De Weerd: Okay. Well, I don't think I ever got a second. That one is dead. I · will move to table this application for annexation and zoning for Cedar Springs subdivision. Anderson: Second. Corrie: Okay. Motion made and second to table item No. 1 0 until the discussion of item No. 11. (inaudible) after we do the Preliminary Plat, come back --? De Weerd: Yes. Do I have to specifically say that? Corrie: No. Ifs in there. All right, any further discussion? All those in favor say aye. MOTION CARRIED: ALL AYES Item 11. Continued Public Hearing: 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: Corrie: Now we're going to go to item 11. It is a continued Public Hearing on a request for Preliminary Plat. I will open that continued Public Hearing and if ifs so desired, we'll have al the testimony, if I'm correct Mr. attorney. All testimony that was given in the annexation be forwarded to this. Can we do that? Nichols: Mr. Mayor and Members of Council. I think the request is whether anybody has any opposition to including the previous testimony on number 1 0 to put on this item as well. Corrie: My question was, can we do this, and we can. So, does anybody have any objections to the request that the testimony given on item 10 in the annexation be moved also to the Preliminary Plat? Okay. Thank you, so moved~ Council, is there anyone else who wants to enter testimony that has not been heard tonight on the Preliminary Plat? Discussion, Council? Sorry, Lee. Lee: My name's Gary Lee with JUB Engineers, 250 south Beechwood. I would like to suggest on this Preliminary Plat that we be given the opportunity to sit down with staff and resolve some of those issues that have been discussed in previous testimony~ I believe we're real close to resolving that park issue with Tom Kuntz, based on his previous discussion~ I think we should at least take that opportunity to see what he has in detail. Give us a chance to meet with the chief of police and also the fire marshal, or fire chief to discuss the issues of the access. Where it should be, the width of it, type of loading, those sorts of details. I believe the City Council because of their own ordinance has the ability to negotiate these changes with the developer. I don't think it's something that Meridian City Council Meeting June 5t 2001 Page 28 necessarily needs to be remanded back to P&Z. They did approve the basic concept. They approved the R-4 zoning, which is what the original request for* There was no request for L-Q zoning in that first application. It was all R-4 and that's what's before you tonight. With that I would like to suggest that Council consider that opportunity for us. Corrie: Thank you Gary. De Weerd: Mr. Mayor~ Corrie: Mrs. de Weerd. De Weerd: You know, Mr. Lee, on the site maps it does have future L-Q lots mentioned on there. What you're saying is inconsistent with and this is the plat that P&Z passed with the reference to future L-O lots~ There is the impression of L-Q or multi family on there~ Bringing it back to the single-family housing is a significant change4 Lee: I just want to clarify again, the original application, if you read it, was for all R-4 zoning. The only reason that those areas of L-O and future multi family are identified was the current Comprehensive Plan doesn't allow that use. Our thinking was, after a discussion with staff, is that we identify those areas as potential changes after the camp plan is amended, but the request is R~4. In fact, the original plat that came in is all R-4. There wasn't any l-Q or commercial sites designated. If you want to look at the application, it's R-4. It says future L-Q or commercial. The intent there was to alert the city and anyone viewing this at Public Hearing that we have possible ideas of maybe changing some of these areas for a different use in the future after the camp plan would allow that change. De Weerd: I won't debate it. Thank you. Lee: Okay. Corrie: Okay. Any other testimony? Then, Council, do you want to close this Public Hearing? (inaudible) We have to close it to make a decision. Nichols: Mr~ Mayor. Corrie: Mr. Nichols. Nichols: Mr. Mayor, Members of the Council. If there are going to be another plat come up, a revision, then even accepting the testimony with regard to the stub street I mean that's not a major change but it would be a change in the pJat~ Essentially, your choices are, remand it back to P&Z for them to submit their revised plat through P&Z or as Mr. Lee suggested, continue the Public Hearing ~./:. . t: Meridian City Council Meeting June 51 2001 Page 29 on the plat, have them do whatever they want to do as far as (inaudible) with staff. Then there would be a revised plat that would come before you and it would be a hearing on that revised plat but you wouldn't have to necessarily notice it up with publication of notice~ Corrie: Mr~ Nichols, how could we hear a Preliminary Plat? We don't even have it annexed yet. Nichols: You can hear Preliminary Plats before the annexation's done and you've done it before~ You've combined all of the testimony and essentially know, at least in my experience, the Council knows where they're going before they get to that Preliminary Plat motion~ Corrie: Okay. Bird: I have another question (inaudible)~ What do we do with item number - the annexation and zoning? Do we have to come back (inaudible) which we're going to anyway. Do we reopen the Public Hearing and continue that? De Weerd: No, it's tabled. Corrie: Close the Public Hearing. (inaudible discussion) Nichols: You tabled the decision but you closed the Public Hearing. Bird: We closed the Public Hearing. Nichols: If you want to be on the safe side, you continue that one to~ You reopen it, continue it so you can take them up all together~ That way if there are any conditions to annexation that you impose that effect the plat, they're contained in the - in other words if there's new testimony, new things that come up that become part of your conditions of annexation, that way you've got it covered in the testimony~ Corrie: Okay. Does everybody understand where we're going to do here. I can't make a motion. Bird: Mr. Mayor. Corrie: Mr~ Bird. Bird: I move that we continue the Public Hearing on the request for Preliminary Plat approval for 333 buildings lot and 25 other lots on 99~83 acres in an R-4 zone for proposed Cedar Creeks by JUS Engineers until July 3f 2001. (. . \. c::u....:... Meridian City Council Meeting June 5t 2001 Page 30 Corrie: Okay. Is there a second to that motion? Okay, hearing none it dies for lack of a second. I'll entertain another motion at this point. Anderson: Mr. Mayor. Corrie: Mr.. Anderson. Anderson: Question. Am I hearing right that we need to table this then re open the annexation? Bird: We continue this Public Hearing and then we reopen the- Anderson: Then why would we wait until the next meeting? Let's do it tonight. Bird: No. I'm tabling this Public Hearing for the Preliminary Plat. Anderson: Why? De Weerd: Mr. Mayor. Corrie: (inaudible) De Weerd: I think what he's saying is he believes that we can deal with the changes at our level. That's what his motion was all about is that we continue it until the first meeting in July and that we would look at the new plat at that time. Bird: That's what Bill said. Then we- De Weerd: I didn't second it because I think it needs to just go back to Planning and Zoning. I don't know why you guys didn't second it but that was- Anderson: I didn't second it because I want to deal with it tonight. Let's get it done. Bird: I'm game. Corrie: Okay. Since the first motion to continue the Public Hearing died for lack of second, then it sounds like you want to get it over with or put it back to Planning and Zoning. I'll entertain a motion either way on that one. See where that one goes. Bird: Mr. Mayor. Corrie: Mr. Bird. Meridian City Council Meeting June 5f 2001 Page 31 Bird: I move that we close the Public Hearing on the request for Preliminary Plat approval for Cedar Springs by JUS Inc~ on 99~83 acres. De Weerd: Second. Corrie: Okay. Motion been made and second to close the Public Hearing on Preliminary Plat item 11 ~ Any further discussion? Anderson: Mr. Mayor. Corrie: Mr. Anderson. Anderson: I've got to ask the attorney a question then~ We're closing this Public Hearing then.. We can't discuss that anymore or we can't hear anymore public testimony on it I guess what I'm thinking is they both need to be opened at the same time~ We take testimony on both of them. (inaudible discussion) Nichols: Mr~ Mayor, Councilman Anderson, Members of Council. Close this Public Hearing. Then essentially you've got, you still have to deal with the annexation and zoning. You still have to deal with this Preliminary Plat~ You've got 3 motions you can make. You can make a motion to deny it" You can make a motion to approve it with whatever conditions you indicate. Or you can make a motion to remand it back to the Planning and Zoning Commission for whatever purposes you instruct the P&Z Commission to take up. Anderson: Once we close that, then we can go ahead and go back and reopen the annexation and zoning and address that? De Weerd: Then you have the 3 choices there too. Nichols: Mr~ Mayor. Corrie: Go ahead Mr~ Nichols. Nichols: I'm a little confused and I think perhaps -- . If you'll simply say what it is you want to do, then I'll try to help you figure out how to do it in terms of the procedure. Anderson: I'm with Tammy. I think it ought to be remanded back with changes but I want to have some discussion on what those changes are. De Weerd: Right. But, we can close the Public Hearing in order to do that~ Nichols: Yes. (. Meridian City Council Meeting J una SJ 2001 Page 32 Corrie: But you can make the motion, make a second, then have your discussion~ De Weerd: We're ready to vote. IJII call for the question~ (inaudible discussion) Corrie: For the Planning and Zoning? Bird: No, a motion to close the Public Hearing. Corrie: To close the Public Hearing, all right. All those in favor of the motion say aye. MOTION CARRIED: ALL AYES Corrie: OkaY4 Now, I'm getting confused. I thought it there~ All right now, we're on the Preliminary Plat. You have one of three motions to give. Whatever that is we need that motion then we'll make a discussion on it then we'll either accept or reject that one. Then we'll go to the next one. De Weerd: I can start out my comment to be the plat needs to address access to Mr. Kennedy's property. It needs to satisfy staffs concerns on the northern most part of the 56-acre park and their southern boundary that abuts our park. With the parks department and police and fire department for safety issues and aesthetics~ It needs to lose the reference to multi family and L-Q designation on there. I don't know if Councilman Anderson wants to - Well, I'll let him speak to it if wants any comments on design. What I like about this application to begin with, when you had the L-Q possibility, for planning a development is that you had some variety that you could put in there on lot sizes. That you could put some higher densities and lower densities. I guess, when you had that as a possibility, I thought that gave to a lot more creativity and design~ You know, there must be a way you can better utilize this 56-acre park as a huge amenity in addition to that school site. It's come along way since that original submittal. It definitely has. You know, I won't tell you what I thought about the first plat. I just think that piece of property has so much potentiaL It just doesn't seem like it's realizing it. I)m not the developer and it's not out of my pocket. I would just like you to take those things into consideration. Corrie: Okay. Let me see if I understand your motion, is that to remand it back to Planning and Zoning with those recommendations? De Weerd: That wasnJt my motion~ That was just discussion. It was just to point out that those specifics are on my list. I don't know if the other Council Members would like to add to that. /~y....:y. '. r. . Meridian City Council Meeting June 5, 2001 Page 33 Corrie: Okay. I still need a motion before we have anymore discussion I think. (inaudible discussion) Nichols: Mr. Mayor, Members of Council. Discussion can precede a motion.. Corrie: Okay. Any further discussion? Mr~ Anderson. Anderson: Mr. Mayor. I guess my discussion has a lot of the same points that Tammy has. IJm one that wants to stick pretty hard to the single loaded streets along these parks. That was something that our parks and recreation commission recommend to us, our parks director, the city council voted and said yes, we think it's a good idea. The first time we get a project that's next to one of our city parks and we're not going to build too many 56 acre parks in the City of Meridian ever~ Then we immediately say well, I guess you don't have to do that. I have a problem with that. I think we're willing to step to the plate and pay our share of whatever the costs are on that but I want to see a single loaded street along that park~ I think it's a safety issue~ I think it looks better in the project. That's something I think we as a Council ought to stick to. My other beef with the design, and I don't have any problem if you want to add some variety there but I am sick to death of seeing 80 by 100 lots. It looks like you guys just take a rubber stamp and go down that blueprint making 80 by 100 lots. I'd like to see a little bit of diversity~ Maybe make some of the lots a little bit smaller and some variations where you can have some duplexes or something else in there. I don't care but I'd like to see a little bit of variety in the subdivision and clean that up a little bit. I also don't see where there's a whole lot of need for the blocks that are that over the 100Q-foot length to ask for the variance~ I think that can all be taken care of in the design of the subdivision. Those are the issues that I have. Corrie: Okay. Any discussion from others and issues that you have? Mr. Bird, do you have any? Bird: I have nothing, Mayor. Corrie: Okay. Mrs. McCandless? McCandless: No. Corrie: Okay. De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. IV ~ ~... .. ( Meridian City Council Meeting June 5t 2001 Page 34 De Weerd: Mr. Nichols, does the motion need to include all of those comments or is that discussion good enough? Nichols: ML Mayor, Members of Council. Councilwoman de Weerd, if you're going to remand you need to tell the commission what it is you want them to look at. That also goes to the developer so the developer knows what it is the developer has to propose to the commission to have a chance of approval. The discussion is helpful but your motion should specify the subjects that you want the developer to address and the Planning and Zoning Commission to examine. De Weerd: Okay. Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: I move that we remand the request for Preliminary Plat approval of 333 building lots and 25 other lots for the proposed Cedar Springs back to Planning and Zoning to address access for Mr~ Kennedy's property, and have it reflected on the plat, to take any reference from L-OJ future L-Q and multi family from the plat if they do not intend to propose a planned development. To reflect in their new designs, frontage road on the south end that abuts our park and to look at some variation in lot sizes. McCandless: Second. Corrie: Okay. The motion's been made and second about the request for Preliminary Plat to be turned back to the Planning and Zoning with the recommendations~ Any further discussion? Roll call vote, please. Roll-call: De Weerd, aye; Anderson, aye; McCandless, aye; Bird, aye6 MOTION CARRIED: ALL AYES Corrie: Now, tell me Mr. Attorney, Mr. Nichols) IJm sorry. Do we go back to the annexation and do the same thing? Can it just be --? Nichols: Mr. Mayor, Members of the Council> I would also recommend that you remand this for the Planning and Zoning Commission to review the annexation and zoning consistent with whatever the revised plat would be. So that if there's going to be something different, some additional zone changes or something as a result of Council's comments that they be reflected in that. Just essentially remand back for examination consistent with annexation and zoning pertaining to any revised plat the developer comes up with. De Weerd: Mr~ Mayor. Corrie: Mrs. de Weerd. (" ( Meridian Crty Council Meeting June 5, 2001 Page 35 De Weerd: I move that we remand the request for annexation and zoning of 100.71 acres for the proposed Cedar Springs subdivision to be consistent with any changes to the Preliminary Plat whether it be R-4 or P-D. Corrie: Okay. Do I hear a second? McCandless: Second. Corrie: Motion was made and second to remand the annexation and zoning back for reexamination to be consistent with the Preliminary Plat of Cedar Springs. Any further discussion? Roll call vote please. Roll-call: De Weerd, aye; Anderson, aye; McCandless, aye; Bird, aye. MOTION CARRIED: ALL AYES Bird: Mr. Mayor. Corrie: Yes. Bird: Can we have a 1 O-minute break? Corrie: Okay. We'll recess for 10 minutes, back at 10 minutes until 9:00. Item 12. Public Hearing: 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: Corrie: Item 12 is a Public Hearing. I have a question for Mr. Brown. When did you pick up your materials on this? Brown: Late yesterday afternoon. Corrie: Did you pick it up or is that what it was? Brown: Yes, I did. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: Had they called you, did they call you and let you know it was ready? Brown: They let me know that day. I think that's what you did. Was it you Shelby? ( (" Meridran City Council Meeting June SJ 2001 Page 36 Ugarizza: I can't remember if it was Friday or Monday~ Brown: I got a call that day and I happened to be able to come up this way. Corrie: So, you don't know whether it was Friday or Monday? Brown: It was Monday~ It wasn't Friday_ Corrie: (inaudible) Okay. Item No~ 12 is a Public Hearing request for annexation and zoning of 156.21 acres from R-T to R--4 for proposed Tuscany Lakes subdivision by Gem Park II Partnership, south of Victory Road and West of Eagle Road. (inaudible discussion) Item 13. Public Hearing: 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: Public Hearing: CUP 00-052 Request for a Conditional Use Permit to construct a planned residential development in a proposed R4 zone for proposed Tuscany lakes Subdivision by Gem Park II Partnership - south of Victory Road and west of Eagle Road: Item 14. Corrie: At this time. Yeah. Then we have item 13, Public Hearing request for Preliminary Plat on the same 353 building lots~ Then also opening the Public Hearing on their request for Conditional Use Permit on Tuscany lakes su bd ivision . We'll have the staff comments first on item 12, 13 and 14 and all testimony will be equal in (inaudible) to all 3 numbers~ Shari. Stiles: Mr. Mayor and Council. This property is located south of Thousand Springs subdivision. That's where it's contiguous with the city at this location here and goes most of the way between Eagle and Locust Grove as you can see. They're proposing a planned development with a variety of lot sizes. They do have a school site that is shown here. This apparently is the configuration the school district had asked for. It's completely surrounded by single family homes with one 20-foot wide access into the development, into the subdivision. This is the Ridenbaugh Canal that traverses the back portion of the school site. Ordinance requirements that they would seek release from is part of the planned development would be the maximum block length~ Lot sizes with frontages - I can't remember any of the other specific items but those are detailed in the December 5,2001 report that hopefully you have in your packets. I apologize for ('........ Meridian City Council Meeting . . June 5t 2001 Page 37 ~.;::~.. . (:....... . . the lateness of some position statements that you received today~ I have reviewed most of them. Not all of them~ Mostly they are just clarifications to reflect the record in the actual motions that were made at the Planning and Zoning Commission. This project, apparently there are approximately, there will be approximately, (inaudible). J'm sorry~ I'll have Gary Smith discuss the sewer and water issues at this development Thanks. Smith: Mayor and Council. On the sewer issue, this will be discharging into the Ten-Mile drainage. Approximately 2 years ago we had 1100 equivalent residential units capacity in that trunkline~ With this development it will take up 750 of that 1100, The bypass sewer line to be constructed by the Bear Creek developers will put 1100 back into the capacity of the Ten Mile Trunk. The water system was analyzed for this development. Excuse me just a moment~ The initial phase is okay with the high-pressure zone that we have in that area. The upper section of that development will require a new supply with a booster station. That new supply and the booster station will include a portion of Thousand Springs as part of it's service area. That's about it from the water and sewer department. Stiles: You'll note in your comments from the staff, references to the Nine Mile drainage. That should be deleted out of all of the reports. It's been determined that ifs not part of the Nine Mile drain~ It's part of a user skitch. The wetlands has been addressed. Ten Mile Creek and associated wetlands with Ten Mile Creek will require a permit from the Corp of Engineers. The Council may want to determine jf there are other wetlands out there that are significant enough to warrant protection. There are existing features in the way of existing stands of trees which our Comprehensive Plan and our landscape ordinance require protecting~ I don't know if Wendell Bigham is here tonight to speak for the school district. We had discussed the site of the school and the layout of that and expressed our dissatisfaction with what they had requested there. IT seems a waste to have taxpayers develop open space and then are not allowed to see it We don't support the hidden school sites. There is a reference to a micro path~ That will not be needed. I apologize. I need to go through these position statements and also what we got from Kent Brown and make sure that there's either some middle ground that we can agree to or make some revised findings that incorporate the 2. Bird: Mr, Mayor. Corrie: Mr. Bird~ Bird: With due respect to staff, and the applicant. Nobody has had a chance to read the replies. I donft know the reason. I would make a motion that we table or continue all 3 of these Public Hearings to June 19, 2001. It's not fair to us, to the staff or to the applicant. Nobody has time to sit here and read and look through their notes. Meridian CITy CounciJ Meeting June 51 2001 Page 38 Corrie: Did you make a motion? Bird: Yes~ I made a motion to continue these to June 19, 2001. Anderson: Can you do that? All 3 at once? (inaudible discussion) Bird: Okay~ Mra Mayor. Corrie: Mr~ Bird. Bird: I move that we continue the Public Hearing for the request for annexation and zoning of 156~21 acres from R- T to R-4 for proposed Tuscany Lake subdivision by Gem Park II partnership to June 19, 2001 ~ Corrie: All right Do I hear a second? Anderson: (inaudible) I'm not going to second it yet. _ Corrie: Okay. It dies for lack of second~ It is a Public Hearing and the applicant has first crack. Brown: Mr. Mayor~ I'm not opposed to what Keith is trying to do but every effort was made at Planning and Zoning to bring this cleanly to you. We made every effort. We had 5 hearings at Planning and Zoning. It's a sad situation to be where wefre at now and doing this. I understand. I don't know that my client's going to understand and I might get chewed out for it. We did make every effort to have this come clean. When we initially submitted it, there was some opposition as to staff. We made modifications to our plat. Then as P&Z went through and they were told they were to bring a clean plat to you. We made sure that prior to our last hearing versus what you just discussed previously, we didn't make any changes form Planning and Zoning to this point. We made sure that what we sent to them for their final hearing is what you're seeing now. From my standpoint, it's a sad situation to be in when we're penalized for doing the right thing. Bird: Kent, I'm not going to argue with you but have you seen those 3 from the staff? When did you see them? Brown: I got them here. Shelby made a copy for me. Bird: Yeah. That's when we got them. And then we got yours today which is that's no fault of yours. Brown: I was done at 5:45. ( Meridian City Council Meeting June 5, 2001 Page 39 Bird: It's not fair to you~ I mean we're sitting up here instead of listening, I was watching down here, I'm just as guilty, instead of listening to staff and everything, we're trying to decipher our notes. Then try to come back and look at- Brown: I understand that everybody else has been tabled and moved to that same hearing. Can we get some priority from the City Clerk's office to be the first shot out of the box because we've done everything we're suppose to do? Corrie: I don't know~ I can't tell you. I can give you a pretty good idea. Brown: That would be our request. If we're going to get tabled - Bird: You're the first one to be tabled to this date. Brown: You've tabled a bunch to the 19th haven't you? De Weerd: You're the first one on the agenda as it looks right now. (inaudible discussion) Brown: There's 3. (inaudible discussion) Corrie: (inaudible) one. Findings of Facts that's on the agenda (inaudible) (inaudible discussion) Corrie: Well, we're still in the Public Hearing_ This seems to be a night of confusion. Go ahead Mrs. de Weerd. De Weerd: When we table projects, Shelby, could you tell me they do fall in the order they come on the agenda from the prior meeting right? Ugarizza: Typically yes. We do have a little control over it but we like to keep it in the order they're on the agenda so we don't show any preference. Bird: Tabled ones come before new ones. De Weerd: So, if there's anything tabled before tonight for that meeting, they would be on first. Then this one would - Ugarizza: Right. ***End of Side Three*** c Meridian City Council Meeting June 5, 2001 Page 40 De Weerd: -- As far as todayJs agenda (inaudible)? Ugarizza: Right. De Weerd: Okay. Corrie: We still have public testimony. If somebody wants to testifyl they can right? (inaudible discussion) DeChambeau: My name is Mary DeChambeau. I live on the Mortner farm, which the subdivision will surround~ I just want to make a comment on the fact that heJs upset because it's been tabled so many times. 11m sure you're aware that they had submitted a plan in the beginning that the road went across a piece of our property. How I found out about that was through the ditch writer because he wouldn't put a ditch box for me, and irrigation box. I don't have a lot of sympathy because they had to go back and revise and do another road around. I hope you're aware of that~ Because what we did is we had to call the City Hall and tell them do you realize that we didn't even know anything about this road? I have yet to hear any good reason why they did it. They've never addressed that to me. In fact, I don't think they have a good reason. I think they were pretty sure they would sell that little pie shape there to them and that's part of our land right there. Obviously, we're not for it because we're still farming. You know, we've been there for 70 years. We're kind of like, we didn't go out there on a speculation situation~ We're kind of getting surrounded. But I just wanted to make that note~ You know it's not really Planning and Zoning's fault that some of this got delayed. There is a lot of concerns about the school situation and the safety of the children and things like that. So, when you are looking at reports please look at that~ I wasn't even allowed to walk on that little Ridenbaugh area when I was growing up and I know how dangerous it is. When you look at those, take that into cons i derati 0 n. Corrie: Is there any other testimony on this request for annexation, Preliminary Plat, and Conditional Use Permit? Young: My name is Rex Young. I live at 2950 East Victory Road, Meridian. I'm not sure if this is the place for the testimony or not. I'm not sure what's happening here. Anyway, my property is located on Victory Road. My concern is the exit that goes to the north out of the subdivision. The arrow there, that property line where that road exits is the east property line of mine. When a vehicle pulls out, turns left, it's got the potential of shining right on my front room window~ Now, I've got some temporary, if you will, from that with a hedge there~ But as soon as Victory Road is widened or touched or anything like that then I'll lose that capability_ I have suggested that that exit, rather than exiting there, be moved to the west and Meridian City Council Meeting J una 5, 2001 Page 41 (n... ....:, ('.....:... tie in with Brandy's Jewel. It makes sense to me to tie that in. The policy of the Meridian school district on bussing is that anyone who lives more than one and half miles away from the school site will be bussed. Anyone who is less than that, they're going to have to walk to school, ride bikes to school or be brought to school by parents. This means that virtually everyone in the Thousand Springs subdivision, and actually within that section who utilize that school will be having to come to that school other than by bus. It makes sense to me to have that tie-in with that roadway that exits Thousand Springs~ Now, with the roadway that they have now, if they stay with that, the walking distance of children exiting Thousand Springs will be increased about a quarter of a mile each day walking to and from the schooL Initially, Ada County Highway District said that they wouldn't approve any other location. Now, they're saying that, well it does meet the minimum requirement if that road was extended on and tied in with Brandy's Jewel. However, now they're saying that they would not approve a pedestrian crossing there except on the browd hill. That makes no sense to me. There's needs to be a traffic light put in there so children can cross and that road needs to tie-in with the Brandy's Jewel exit, in my opinion. That will solve my problem. Greater than that, it's going to increase the safety on immeasurably and it just makes sense~ When I brought up to Ada County Highway District that a traffic light needed to go in there. They said well, one isn't programmed. Well, a program is a snapshot in time and things change. I immediately replied to them that they probably weren't really interested in having another Curtis Road fiasco~ I think if we don't have more foresight than to look ahead a little bit, look at the requirements when the school goes in there. Look at the crossing requirement and maybe let a little bit of common sense prevail then I think we're not, any of us really doing our job. Anybody have any questions of me? (inaudible discussion) De Weerd: I donJt know why is it that ACHD and the school district get into this mystery of how to get to a school site. I agree with you Mr~ Young. I think that's ridiculous. They did that to River Valley too~ Corrie: Is there anyone else whoJd like to testify? I mean, you kind of got caged here but I apologize - Brown: I can answer the question about the road if you'd like. Mr. Young and I, at the P&Z's request went back and ask the Ada County Highway District to look at that road connection. In their comments, they said 2 T intersections are more safe than a cross intersection. That the traffic feeds off each other and there's breaks and openings so that they can get out. They would prefer that~ There's alsoJ in your packets, if you've gotten that far down through there, the comments from them that it's very costly for them to drop that road where the Thousand Springs intersection is. There's a great elevation. As you look to the east, the road goes up. It's costly because thereJs a gas line in there. Now} will they eventually fix that? I don't know. I mean when they widen the road, they're Meridian City Council Meeting June 5, 2001 Page 42 preferring not to have a lot, Mr. Young is correct that the school district prefers people to walk a mile and a half. If it's not a safe route the school, obviously they don't do that Riverview or River Glenn, or whatever that school is, that would be one. You can take Lewis and Clark Middle School. I live within three-quarters of a mile and there's no way, no matter how many times my son asks me if he can ride his bike down Eagle Road to get there, it's not happening. It's just not safe. You can cross at the light. I mean I've heard all of the stories about how he can get to school. The school district uses that same wisdom when they look at different intersections~ I don't have a lot of 8,000 square foot lots, though. I don't have that rubber stamp~ In fact I have very few. I'll just quickly show you. (inaudible discussion) Brown: All the green ones are the 8,000 square foot lots~ The variances that we're asking for is so that we can have maybe a 70 or 75 foot wide and a little bit deeper and still meet the city's requirements~ We have deep lots. We have lots that back up to waterways that would be fenced. The lots that arenJt colored are the lots that are around the 12,000 square foot size. The lots in yellow are between 10 and 12. The lots in blue are 9,000 square foot lots. This will be a good development~ It's a difficult site to handle when you have the Ridenbaugh, the Eight Mile and the Ten Mile. We've tried to use one entrance in for that. We've provided an emergency access out here off of lot 6 until such time as we make another connection. This will be where we first start. The staffs comments about the water, this is the area that we end up start having problems with pressure from water~ As you go farther down hill. the pressure goes up. The modeling came in very well (inaudible). This is a big project and it's going to take a while4 With regards to staffs comments about the school district, if the school district didn't want lots in front of the school, then we wouldn't put them. We put them there because that is what they have historically gone to. When I submit a project in Valley View, I went to the Valley View Superintendent and I said, it seems like everything you have is on a collector road and you put your schools. HE says well, we bus a long ways but they would not be opposed to this same kind of layout if they had a walking type of a school. Those are just some comments.. Here's an architectural rendering of it. We're planning on creating our own water amenity here outside Nampa MeridianJs Eight Mile. We'll have water in these~ We'll have a walking path that'll connect to the Ten Mile and create a loop that those residents can use. We have a Ten Mile that the parks department and your Comprehensive Plan says will be used long term. That pathway comes to the south to a Nampa Meridian facility that I don't know that youJII ever be able to cross. Connected to our system, at least the residents inside here are going to be able to. When you're able to get this connection, I guess our residents can go out~ The Ridenbaugh and the Ten Mile cross here and they have a diversion structure in there~ Nampa Meridian owns all the ground around it~ I see it being very difficult for you guys to be able to do what you want to do with the Ten Mile but we can make it work within our site. We're not opposed to trimming up the trees and leaving the existing trees. That's part of the nicety of that~ Those (..-. .. (.'''... Meridian Cfty Council Meeting J una 5t 2001 Page 43 conditions we were in agreement with. It's some of the other things. Nothing derogatory about the attorney but I was wondering if he was at the right meeting because it was really different. I know there's been numerous reports and I don't mean that derogatory at all Mr. Nichols. Nichols: Just as long as make sure it wasn't me there. Brown: No. It wasn't me. I think that he understood what was going on but we have had a number of hearings and things have come in but the motionsf that definitely wasn't what the motions were. We'll look forward to another meeting I guess. Corrie: Okay. I don't know whether you can address - Can you address what Mary was talking about on her property, up in that corner? Brown: At one time, in our first submittal we showed a road going across here and the school was pushed all the down and the road came across. Because of a miscommunication between me and my client. My client wanted that to be hatched as a future road and we showed it as a connection. Well, when we started talking with what the fire department's concerns were, we needed to make this connection. So, we need this connection to go through here to appease the fire department so that we don't have one long dead-end road coming in one and one coming the other with a property owner that says that they'll never develop. That's where the problem was. We moved the school site up which took care of a lot of the Highway District's concerns~ It actually shortened our block length. It actually works a lot better. The students will have no access to the Ridenbaugh Canal because of fencing. It will be totally fenced off to the rear. We needed to have a stub road at this location for Meridian's sewer plant and we needed a stub road here. The way that the Commission, both Steve's comments and my comments about what the P&Z approved Wendel Bigham came and spoke to a number of subdivisions that were at Planning and Zoning and he asked for some flexibility in the condition so that when they plug a school site in here that they can work out their buses. Maybe they need 2 entrances. Maybe they need 1 here and maybe they need one down here. So, we asked for that and that's what P&Z recommended. It makes sense because they want to put their school up close here. But, they just asked for some flexibility. If we need to put a road in and drop a lot, we can do that. Maybe we take the one micropath away or 2 micropaths away to make that happen~ De Weerd: Mr~ Mayor. Corrie: Mrs. de Weerd~ De Weerd: It just seems inconsistent. I know their board has told me that they no longer want to hide their schools. So, this just really conflicts with what I've been told. c... . (..~~'.. . Meridian City Council Meeting June 5, 2001 Page 44 Brown: 1'm on a school committee, a volunteer for the school to find different sites. We werenJt told anything about that. They have a new design and maybe that new design is going to, they tell us it's going to be more efficient Irs a V, the current design is a cross. Do I have it on here? No. The current design is like a cross shape. I think where my kids went, Chief Joseph that's a cross. But they're going to a V and they can put the playground and it's wrapped around by the school. What I've heard in the past is that they view having houses there as making it more safe~ I worked for city government in Utah. They like sticking them right out on the road. That was a problem. They had problems with people having their cars~ The school still wants to fence their school property to keep inappropriate people out of the school site. This makes it a little bit easier because they have homes backing up to them. De Weerd: It is hard to patrol, I'm sure. Brown: Obviously, if this wasn't what they wanted and we're selling a product to them, we would change the product. De Weerd: Right. I understand that. Brown: The product they sell to Ada County is different than the product they sell to Meridian City. We design to whatever they're going to go to. Anderson: Kent, on that entryway off of Victory~ Brown: Yeah. Anderson: If Ada County Highway District's concerned about aligning those 2 entrances for Thousand Springs and this one is the hill, is the developer willing to pay for the cost of cutting that hill down a little bit and lowering that knoll? That does seem like a more logical thing to line up those 2 entrances. Brown: My client's here and I'm sure he can speak to that. But even with regards to the cost of cutting the hill down, the information that I got from the traffic engineer is that this T and this T is safer than the cross~ That's my understanding. They tried inside a development. This is one of the things that they don't like too. They don't like the cross in these locations. We were kind of stuck with our site to do that. But that's as a general rule of thumb, when we lay things out, they like 2 Ts than a cross. Anderson: Well, I understand it from a traffic engineering standpoint a T would be. You have less cars going through that intersection~ Brown: It's a safer intersection. ( . . ~ . ( Meridian City Council Meeting June 5t 2001 Page 45 Anderson: But from a practicality standpoint and with school children involved, than that takes that whole argument out of the picture. Making them walk along that busy street for that length of distance doesn't make any sense even if it's safer for the cars. Brown: They did say that thereJs money set aside for safe routes to school. One of my projects I did in Ada County, they put forward the money to put sidewalks to get them to a place where it was more safe for them to cross. You can to speak to the Highway District commissioners about that too, but those monies are available to do that~ Whether it's putting in a sidewalk and putting it down that side sooner~ Maybe it's just an asphalt path. For Mr. Young's concern, we did offer, we have 30 feet here in the landscaping. If we moved it to 20 feet, the turn would then be harder for the cars to hit his front window. We offered to do that if thafs. I think Mr. Young feels like you do that that's a safer but the Highway District in 2 different letters have been real clear that they don't want the 2 to go that way. Anderson: What about a micropath coming off that cui de sac and then having a school crossing guard out there? Brown: We offered to do that at Planning and Zoning. Planning and Zoning said that if it's not a safe intersection, not to put the connection there. That was one of the last changes that they made. We don't have a problem if that's what you would prefer to do that. We can do that. Those lots (inaudible) are not highlighted because they're so big_ It's 15,892 and 19,000. So, those are large, large lots we can take a little bit and put a micropath (inaudible). I guess for Shelby's record I'm Kent Brown, Briggs Engineering 1800 West Overland} to be official. Any other comments? Bird: I have none Mayor. De Weerd: Mr~ Mayor. Corrie: Mrs.. de Weerd. De Weerd: I guess I would just have one of you and Shari. That this City needs to get something clear with the school district in design of these schools and routes and maybe work with ACHD on these routes. I've heard nothing but complaints about River Valley~ They don't want to use the access off of Eagle Road. You know, they certainly don't like having to drive that route. I did, I got lost the other day. I was trying to get out of there. I don't know, maybe from our police department's standpoint if they're all that excited about having houses totally surrounding a school site. Does the police department have a position. on that? ( ( Meridian City Council Meeting June 5t 2001 Page 46 Bowman: Councilwoman de Weerd~ I wouldn't really want to comment on that right now untillJve studied it. I don't know of any problems associated with that at this time~ De Weerd: Okay. Well, I know it's been an issue at the Comprehensive Plan meetings that we've held. I know it's an issue with planning staff and it is a concern from the parks standpoint_ That's why we encourage frontage roads along our parks for safety issues~ So, if we are to continue this maybe Shari and the Mayor can either meet with Wendel or the Superintendent and the board president to find out because there are some conflicting opinions out there on the school sites themselves~ Certainly some public issues on how those roads go to school sites. They don't make sense~ Anderson: So, are we wanting to continue the Public Hearing until the next meeting? What do we want to do? Bird: Since staff hasn't got their deals done~ I don't know. De Weerd: I think- Anderson: That's what you talked about initially. Bird: I just think it would only be fair to staff, the applicant and us. Did you have time to check what each one of the things that came down with yours? I didnJt~ Corrie: I was looking at it while they were talking~ De Weerd: That's (inaudible). Bird: That's exactly what we were all doing and we weren't listening to what the staff was saying at all because we were all trying to read up. Corrie: I think your suggestion's good. I think there's some other people that want to talk~ Anderson: Mr~ Mayor~ Corrie: Mr. Anderson~ Anderson: I would make a motion to continue the Public Hearing until June 19th on, we can only do one at a time so, this would be the annexation and zoning for Tuscany Lakes subdivision south Victory Road and west Eagle Road~ De Weerd: Is that Tuscany? Anderson: Tuscany. (: .. -.'.. .... .. f \., . Meridian City Council Meeting J una 5~ 2001 Page 47 Corrie: Tuscany. Bird: Second. Corrie: Okay. Motion's been made and second to continue the Public Hearing for the request for annexation and zoning for Tuscany Lakes subdivision, AZ 00- 023. Any further discussion? All those in favor of the motion say aye. MOTION CARRIED: ALL AYES Corrie: We'll continue the Public Hearing then on that. Item 13 is a Public Hearing request for Preliminary Plat. (lU entertain a motion on that. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I move we continue the Public Hearing for the Preliminary Plat for Tuscany, I'm really getting good, -- (inaudible discussion) Bird: What is it? De Weerd: Tuscany. Bird: I said it right the first time. Tuscany Lake subdivision until June 19, 2001. McCandless: Second4 Corrie: Motion made and second to continue the Public Hearing on the Preliminary Plat 00-024 until 6-19 of 2001 ~ Any further discussion? Hearing nonel all those in favor of the motion say aye. MOTION CARRIED: ALL AYES Corrie: Okay. I'll entertain a motion then on the Public Hearing on item No. 14, request for Conditional Use Permit. Anderson: Mr.. Mayor. Corrie: Mr. Anderson. Anderson: I would make a motion to continue the Public Hearing on the Conditional Use Permit for Tuscany Lake subdivision until 6-19. .t". . i . \< . .. (..,.~.u Meridian City Council Meeting June 5, 2001 Page 48 McCandless: Second. Corrie: Okay~ Notion made and second to continue the Public Hearing on item No. 14 CUP 00-052 until 6-19-01. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES Item 15. Public Hearing: CUP 01-014 Request for a Conditional Use Permit for a Christian Ministry for office space and an Aftercare/Transitional 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 1 st Street: Corrie: Item No. 15 there's been a request to table the Public Hearing on the Conditional Use Permit so we need to have a continued Public Hearing until 6- 19-01 at the request of the applicant. (inaudible discussion) Corrie: Yeah~ SOt I will open the Public Hearing on the Conditional Use Permit No. 01-014 and invite anybody who would like to testify on that can do so at this time or we will continue the Public Hearing and they can do it again on the 19th. De Weerd: Is there anyone here for it? Corrie: Anyone who wishes to testify? Okay. De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: I move that we continue the Public Hearing for CUP in an R-4 zone for Whole Life restoration house by Basic Outreach Ministries and to hear it on June 19, 2001. Bird: Second. Corrie: Okay. Motion's been made and second to continue the Public Hearing on CUP 01-014 for Whole Life Restoration House by BASIC Outreach Ministries Inc~ Any further discussion? All those in favor of the motion say aye. MOTION CARRIED: ALL AYES i. \,... . Meridian City Council Meeting June 5, 2001 Page 49 (... Item 16. Public Hearing: 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: Corrie: Item No~ 16. This is a Public Hearing for rezone 8~29 acres from L-O to C-G for Waltman Court Subdivision. Mr~ Bird was that requested to be tabled? Bird: Yes~ To be continued. Corrie: So, I will open the Public Hearing. Is there anyone who wants to testify on this and will be requested to be a Public Hearing to be continued? Okay, hearing none, I'll entertain a motion. Bird: Mr~ Mayor. Corrie: Mr. Bird. Bird: I move that we continue the Public Hearing for the request for rezone on 8.29 acres from L-Q to C-G for Waltman Court Subdivision by John Goade until June 19, 2001. De Weerd: Second~ Corrie: Okay. Motion's been made and second to continue the Public Hearing on item No. 16 RZ-01-004. Any further discussion? Hearing none, all those in favor of the motion say aye~ MOTION CARRIED: ALL AYES Item 17. Public Hearing: 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: Corrie: Item No. 17 is a Public Hearing request for Preliminary Plat approval of 6 building lots and 1 other lots on 8.29 acres in a proposed C-G zone for Waltman Court Subdivision by John and Sara Goade south of Troutner. Sorry if you're here for messing that name up. Mr~ Bird was there- Bird: The request- Meridian City CouncH Meeting June 5t 2001 Page 50 (~:n . .... ... I:~-:."" . (...... . Corrie: -- a request for a continuation on that one as well. All right is there anyone here who would like to issue testimony on the Preliminary Plat at this time? Hearing none, I'll entertain a motion to continue the Public Hearing on item No. 17. De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: I move that we continue the Public Hearing for request of Preliminary Plat by Waltman Court Subdivision until June 19, 2001. Bird: Second. Corrie: Motion's been made and second.. All those in favor say aye. MOTION CARRIED: ALL AYES Item 18. Public Hearing: AZ 01-007 Request for annexation and zoning of 4 acres from R-1 to C-C for proposed Hark's Corner by Van Hess Properties - 119 South Linder Road: Item 19. Public Hearing: 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 C-C zone for proposed Hark's Corner by Van Hess Properties - 119 South Linder Road: (inaudible discussion) Corrie: Hark's Corner. Do you think we can do that Larry in the next, not too long a period? (inaudible discussion) Corrie: All right. If it's all right with the Council, (inaudible) both 18 and 19 open to Public Hearings and that will be the last one for tonight. Any objections from the Council? Bird: NO. Corrie: Hearing none) I will open the Public Hearing on the request for annexation and zoning No~ 01-007 and also the Public Hearing on CUP 01-011 request for Conditional Use Permit for Hark's Corner by Van Ness Properties. At this time, I will open the Public Hearing and invite the staffs comments first. (...:. Meridian City Council Meeting June 5, 2001 Page 51 { . ~\.."..... . Stiles: Mr~ Mayor and Council. This is for the property located on the southwest corner of Franklin and Linder Roads. You probably received a position statement from Steve Siddoway as part of your packets or today in your box. Some things that were not addressed in the findings~ One of our comments had been that this needed to be developed as a planned development because of the mixed use and the more than one use on one lot.. Apparently legal counsel did not agree with that" That portion on page 4 item 10 should be deleted. We'd also ask for a revised plan and the commission didn't ask for modifications to the site plan. The landscape buffer that is referenced on page 2 was approved with a minimum width of 8 feet which is not in accordance with our landscape ordinance but that's what the Planning and Zoning Commission recommend. We had initially asked for changing the, I'm dealing with the Conditional Use Permit too" Can we open both of those? Is there any desire to open both of those at the same time? Or do you want to deal with the annexation and then the Conditional Use Permit? Corrie: We did open them both. Stiles: Oh, okay. So, the Conditional Use Permit, the trash enclosures, the vacuum base on page 2, the first sentence should be deleted because they didn't require a revision to that~ Also on page 2 of the recommendation, should add that the 6-foot masonry fence should be constructed prior to issuance of building permits. Also that the location of the fence in relation to existing trees is to be worked out between the effected property owners and approved by Planning and Zoning staff. The hours of operation were discussed at the meeting at the Planning and Zoning Commission" They made the representation that the C- Store would be from 6:00 A.M. until midnight and possibly 5:00 A.M. opening. The Arctic Ci rcle would be until 1 0: 00 P. M " on weekdays and 11: 00 P. M" on weekends. The fuel pumps, they testified that would be 24 hour credit card sales. The car wash was not specified for any hours of operation. In our staff report we had mentioned that we do have an existing car wash that we get numerous complaints on typically when the time runs out and they have a very loud bellt or I I'm not sure what it is they use but it's very disturbing to residents. IJm not sure how that was addressed at the meeting. Perhaps they can discuss that again tonight. We had initially had a kind of a conflict in the Planning and Zoning Department about the fact that this was designated single family residential in the Comprehensive Plan_ However there are numerous policies within the Comprehensive Plan that support this development" There are no neighborhood services in the area and this is a major roadway when Franklin Road gets extended and with the development that's planned in the area of Ten Mile Road. I don1t think that any single-family homes would be sold in this property. We had requested that a variance - well the Commission requested that a variance application be submitted to reduce the buffer because it doesnJt meet the current landscape ordinance. We did not receive a variance application. That was requested prior to this hearing. We could have addressed the reduction in the landscape buffer from 25 feet to 8 feet if it were part of a planned development" Since legal counsel said it was not required to be a planned development, a (. Meridian City Council Meeting June 5J 2001 Page 52 variance is required. I'm not sure where that leaves us tonight. That was probably the biggest issue that remained as far as cleaning up the application and the request. North of the property here! there's basically nothing in that developed there yet. It is zoned light industrial. The other corner is vacant. It is a commercial property directly east of this development. However nothing has been developed there~ Ada County Highway District has taken a big chunk of that proper with the retention pond for drainage. The other corner, just kitty-corner, also is zoned commercial. However it has not been successful in getting a development to be attracted to that site. It has the Eight Mile Lateral that crosses through that property. Of the 4 corners, this is probably the most desirable for a commercial development The land's there. The accesses are easily accommodate ACHD policies. They do have a nice site plan. You can see here that they have the fuel kiosks in this, no, those are the underground storage tanks. The fuel is here. This is where the Arctic Circle would be and the C-Store. Gary's excited about an Arctic Circle. There is a car wash to be located here. Also there would be a coffee shop, a drive-thru coffee shop in this location. This is not for the approval of this portion of the project. The application is for this area here. Immediately south of this project is a single family home~ I believe the gentleman that owns that property is here tonight to testify. Aside from the variance, we believe that still needs to be requested and applied for and acted on. But we would recommend that this project be approved with all staff and agency requirements. (inaudible discussion) Van Hess: My name is Larry Van Hess. I reside at 8870 North Gadwald in Boise, 83714. Mayor Corrie, Members of the Council, Meridian staff and those of you who are here to see what weJre doing and maybe make comments. I'm here representing Van Hess Properties which is made up by members of my family. The property that we're asking to be annexed and rezoned was purchased by my parents in 1946~ My mother is 88, has bad wheels or she'd be here tonight. I went and talked to her today about this and she gave me some direction~ She said don't do anything to embarrass the family. I want you to know that we have never pushed to develop this property.. We've watched Meridian moving out to us. We felt that a lot of it has been done ahead of it's time and we just knew that some day the time would be right. In 1997 ACHD purchased the frontage from us both on Linder and on Franklin and in 1998 the road was widened. In April of 1999, we received a letter from Robert McQuade. I have copies of the letter if anybody wants to see them. It basically told us that the assessment value of that property was going to go up from $40,000 for the 5 lots which was about 4 acres to $640,OOO~ This was an increase of 1500 percent. We did get this reduced to 200,000 which was up only 400 percent but it took several meetings and we were informed that this property would be on the yearly review from this time forward until the evaluation would be up to where they felt it should be. This letter sent a message to my family. It said, it's time. This is time. We have to develop it with a business that's going to give us return. We decided to name this complex Hark's Corner after my father. His name was Harland and his nickname was Hark. The Meridian City Council Meeting June 5, 2001 Page 53 f:... . \,......... .. assessor is knocking at our door again and I have a letter that I just got from him this last week right here. The assessment is going from 200,000 to 800,000. Actually ifs only 798,700. I don't know if I have the ammunition now after going through all this and all that we've spent this year to get it changed and to get something going. However, I do plan to protest. lId just like to add one note for your information. You know, the taxes in 1998 were $548~OO for a year. They're going to go to 10,900 in a 3-year period. About 5,400 of this will go to the Meridian school district. I hear your concerns for the Meridian school district. Maybe it's time that we do move some of this property up~ We estimate that after we build this complex that taxes would be about $30,000 a year and about half of that will go to schools. I think that is a concern that we need to take in tonight~ I know that there's a concern that the zoning on the Comprehensive Plan, the zoning designation is R-1. I just want you to know a history of what I've done to try to avoid what we're going through tonight~ In 1997 I wrote a letter to P&Z staff and ask for a zone change on this parcel for the new Comprehensive Plan that was to be written.. Somewhere in your packets you have them. If you don't have it in your packets I will get it to you if you want to see it because it did happen. I wrote that letter. I was told that the process was underway and it would be ready to adopt in the year 2000~ The draft of the new Comprehensive Plan and I have a copy of it. II's dated 2000. It's not up for adoption until this fall. I was told - one other thing that I've been asked several times why didn't you go through the rezoning in the camp plan in 1999 when there was a wholesale of a number of them that was done. I want you to know that I was never told. I didnJt know that until after the fact. I feel kind of concerned about that because I feel that I should have known that. We've completed Preliminary plans and I'd like to give you each one a picture of the, it's actually a rendering of these businesses that we're going to be putting in here. First of all, I'd like to say that I wish I could put the trees in as large as they're shown on that but we will put adequate trees in to meet all the landscape requirements and they will grow up that way in about 1 0 years. We have engineers right now working on the site drainage plan and we have architects working on our construction plans. We're working with a fuel jobber to provide us with petroleum supplies and they are helping us to design a project that is very attractive and fills a need for the neighborhood and looks very good for the City of Meridian. Because of changes coming in the petroleum market in Boise Valley with the merger of Chevron and Texaco, Shell oil is going to be playing a much larger role in the valley. Shell has committed to put their name on station and on our pumps and our canopy. I want you to know that I'm really concerned and one of the reasons that we've pushed it as hard as we have and we're here ahead of your change to the camp plan is Shell, because of the big change in the valley~ They want that corner~ They feel it is a very' very good corner for Shell oil and for the City of Meridian and basically for business. They- ***End Of Side Four*** Van Hess: -- We really feel pressured by the dollar part of it~ So, we're here tonight. I guess I don't feel I should need to apologize for it because it's just (.. ..... (.:.......: Meridian City Council Meeting June 5J 2001 Page 54 business. We feel that if yout and I want you to know that we are here for your approval tonight. I mean, we're here because we feel that you can, that this is in no way a violation of your Comprehensive Plan and Joann Butler is here. I want you to know that I've learned far more about planning and zoning and Comprehensive Plan and case law than I ever thought I wanted to know. I brought Joanne along. I just don't feel I can take a chance of not letting you hear her prospective and some of the study that weJve gone through because it's so important to us that we get your vote tonight that I would like Joanne to come up and I would like her to go through basically the reasons why we think that we should have your vote tonight~ Bird: Just a second~ Mr. Mayor. Corrie: Yes. Bird: I had a question for Larry before he sits down. Van Hess: If you have any questions I'd be glad to answer them. Bird: Okay. On your car wash, will it have an automatic type that blows the cars dry and everything? Van Hess: Yes, it does. We have one automatic bay. Then there will be 4 that will be hand wash. Corrie: Okay. Joanne, you have the other 5 minutes that he hasn't used~ Butler: I'll make it less than that. Corrie: Thank you, Dear. Butler: Thank you. Joanne Butler, 101 South Capitol Boulevard representing the applicantt the family here. With taxes like that you can understand why people start to think about developing. You have in your packet what we presented to the Planning and Zoning Commission identifying exactly how this project meets all the criteria for both annexation and the Conditional Use. Of course you made the policy decision to annex this property and to develop it as commercial when you adopted your Comprehensive Plan setting the area of impact and the impact boundary. Although the draft Comprehensive Plan doesn't apply to this particular proposalt I just want you to know that your proposed area of impact, I'm sorry, your proposed urban service planning boundary includes this property. I'll just briefly say that we do comply with the Comprehensive Plan. There was discussion at the Planning and Zoning Commission hearing because of a comment that was made that we weren't strictly in compliance with the land use map. As you know and as the attorney and as the P&Z came to conclude at the P&Z hearing, your land use map is a generalized statement of projected land Meridian City Council Meeting June 5~ 2001 Page 55 uses in Meridian. That was in 1993 and we're in 2000~ The cases in the excerpts that I've provided you from the case law clearly shows that in Idaho we take our local land use maps attached to the Comprehensive Plan as being one component of the overall Comprehensive Plan. You look at any project in light of factual circumstances existing today_ Given this particular project, the existing development on the 3 corners as industrial or commercial and the fact that all the facilities are readily available for this project_ This project does comply with and promotes the policies and goals of the Comprehensive Plan. It's a natural progression of the growth and the policies that you've promoted for the Franklin Overland, 1-84 corridor in this area as a mixed-use policy. Those mixed-use policies are also included in your packet that we included for the Planning and Zoning Commission. So, we're not presenting you with any new information today. So, I won't take much more time than that other than to say that we clearly comply with all the criteria. We comply with the Comprehensive Plan. As Larry was saying, yes we are looking for a decision by the Council tonight in terms of approval for this project. Corrie: Okay. (inaudible). Is there anyone with the public? We've got 2 here. Larry, unless you've got something new- Van Hess: No. It's Tom Roman. I'd like to introduce him. He lives in the home that I was raised at as a young kid. I've worked with Tom in every way_ You can ask him questions. 1 think, when I talked to Tom today, Tom said basically I want an a-foot tall masonry fence. That 6-foot fence, is 8 foot. We agreed on that. I'm going to move it over. We saved some trees. It looks good because I do want to do away with part of the buffer. It will narrower. You can ask him any questions. I want you to know that we are going to work together. (inaudible) (inaudible discussion) Roman: (inaudible) I live in the house, the property right to the south - Bird: Name. Roman: Tom Roman. Corrie: And your address? Roman: 115 South Linder~ Corrie: Thank you. Roman: Okay. I guess I'm mainly the one that it effects. You know I never thought of the beepers actually that she pointed out. I never really considered them. There's a lot of things I probably didn't consider but for meT I'm the one that ask to not have the 25 foot buffer zone of landscaping. I would rather have the (:. Meridian City Council Meeting June 51 2001 Page 56 wall. I would rather have an 8Mfoot wall because of the noise. Because my house is right there and my deck's right there. I feel that a brick wall would be a lot better than a couple of bushes as far as--. So, I had asked for that and Larry and I talked about moving it over a little bit to save my trees because I have a lot of trees right on the property line down that edge. He had talked about, the guys at P&Z had said well why don't you move the block wall 3 feet onto your property, cut that little landscape area down to 5 and leave the trees. I've got plenty of landscaping on my property for everybody. My main thing is, I figure I'm for it. I mean, it's going to get developed anyway. I can sit here and stomp my feet and scream and yell but something's going to get built there. Like you pointed out, it's a prime corner (inaudible)~ I knew that years ago when I bought the piece of property. I thought hey, this is a nice corner~ I wouldn't mind having it. Anyway, mainly I just, I want the 8-foot waiL We talked about constructing it first. I'm the one that came up with that too just because it would block the noise, the dust and all that while they're doing construction. That was my idea. For the variance for not having the 25 feet, that was my idea too~ I would much rather have a wall than a couple of bushes~ I just think that would be better for me. There will be a lot of noise~ Usually on businesses, (inaudible). They do it on the freeway and it works quite well so I figured well that's what I'd like to have~ I think Larry and I have worked out pretty much everything and we're going to try and work together on it (inaudible). Bird: I have none. Corrie: Thank you Tom. Any other questions? Okay. Thank you. Anyone else from the public want to issue testimony~ I guess hearing none, (inaudible). Van Hess: There are 3 slight things that are in the conditions. The 6 foot wall to and 8 foot wall, to reduce the landscaping, and we will submit an application to reduce it from 25 feet to 8 feet. Tomorrow noon we have a meeting with ACHD to change the entrance on Linder Road~ Right now it's restricted to a right in, right out onlYa It almost destroys the use of that property from anybody coming up from Linder Road because they can't turn in. They turn the corner to go on to Franklin, they still can't turn in the first entrance~ We are going to put a second entrance there, which will be a full access. Two of those are right in, right out~ We've got a traffic engineer, Dave Split and we think that they'll understand and we've got a lot of people that are saying that we need to change that. I just want you to know that that was one of your conditions and I just want you to know that I am attempting to change that with ACHD tomorrow. That's my intent. Corrie: Okay. What about the car wash? Van Hess: The car wash. We've talked about that with Tom. I want you to know I've never owned a car wash before. I really don't know what's involved in it. I want you to know we're going to make it as high tech as we can. We don't intend to have it making a lot of noise and if it makes too much noise in the evenings Meridian City Council Meeting June 5, 2001 Page 57 (. . we'll just shut it down early. That's flat the way it is. We're going to be as good a neighbor as Tom and Tom's an awfully dog gone good neighbor so we'll work with him. Okay. I think they were worried about a 24 hour one. Van Hess: It's not a 24-hour car wash. Corrie: I've got you on record that you're going to work with him. Van Hess: Yes, absolutely. Corrie: Any other questions from Council? Bird: I have none. Corrie: Is there anymore testimony? (inaudible) Hearing nonef I'll entertain a motion to close the Public Hearing on item No. 18 and 19 - Stiles: Mr. Mayor. Corrie: IJm sorry, Shari, yes. Stiles: I don't know why the decision was made why this shouldn't be a planned development but I don't see how you can approve a Conditional Use Permit that doesn't comply with the ordinance unless it is a planned development. If Larry would be willing to pay his $185.00 and call it a planned development we won't need to go through the variance application. I am a little concerned though that the conditions that ACHD has placed on it may be changing tomorrow because that will have to be in the findings, what's on record now. Unless we can think of a way to add - unless add a statement unless otherwise approved by the Ada County Highway District Commissioners. Could we do that and change it back to planned development and get rid of the variance? Corrie: I think so but Mr. Attorney? I'm no attorney so you do what you think - Nichols: Mr. Mayor, Members of the Council. I'm no Mayor either. If Shari's comfortable that this would constitute a planned development that's good enough for me. With regard to the ACHD condition, the findings can be worded to the effect that when we adopt those ACHD recommendations we can include or as amended by ACHD and that would take care of that part of it Corrie: Thank you. Any other questions, Council? De Weerd: Mr. Mayor. Corrie: Mrs.. de Weerd. (. . I \ Meridian City Council Meeting June 5J 2001 Page5B De Weerd: Larry, have you seen the position statement that staff put out? Van Hess: Have I seen which --? De Weerd: The position statement on your- Van Hess: I did, yes~ De Weerd: Do you agree with all of that? Van Hess: I want you to know that we can live with all of it. The only ones that have been the conditions that we brought up tonight. I think they're all okay. I've read them over. I don't remember what all you're referring to but I have read every word and yes I do agree with it. De Weerd: Okay.. Just as long as you're in agreement. You're in agreement with the planned development, then? Van Hess: Yes. I think it makes a lot of sense for us to go that route. I have no problem paying that fee. Corrie: Any other discussion? Hearing none, I'll entertain a motion on the Public Hearing closure. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I move that we close the request for annexation and zoning of 4 acres from R-1 to C-C for proposed Hark's Corner by Van Hess Properties. De Weerd: Second. Corrie: Motion's been made and second to close the Public Hearing on request for annexation AZ 01..007. Is there any further discussion? All those in favor of the motion say aye. MOTION CARRIED: ALL AYES Corrie: I'll entertain a motion on the request for annexation and zoning. De Weerd: Mr. Mayor.. Corrie: Mrs.. de Weerd. Meridian City Council Meeting June SJ 2001 Page 59 De Weerd: Just want a clarification. In the annexation, is that where you change designation, Shari for the PO? Bird: I don't know. Stiles: If it's referenced in the annexation. It would be the conditional use portion of it that would be the planned development. Bird: It's conditional use isn't it? Corrie: Item 19, isnJt it conditional use. De Weerd: It is referenced that the commission recommended this not be a planned development based on the legal counsel at that time noted on page 4. Stiles: They're just recommendations though. I mean, for the findings we dontt need to reflect that. De Weerd: Okay. Stiles: If that's the way you're striking that from your findings as a recommendation. De Weerd: Okay~ Nichols: Mr~ Mayor. Corrie: Mr. Nichols. Nichols: Question for Shari. Shari, should the zoning designation be C-C? Stiles: Yes. Nichols: Thank you. De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: I move that we approve the request for annexation and zoning of 4 acres from R-1 to C-C for Hark's Corner and to make sure that the findings reflect that it will be a planned development to include all staff recommendations and for the Attorney to draw up the Findings of Facts and Decision of Order. McCandless: Second. (. \. Meridian City Council Meeting J una 5, 2001 Page 60 Corrie: Okay. Motion's been made and second to approve the annexation and zoning AZ 01-007 with the planned development and all staff reports and have the Attorney to draw up the Findings of Facts and Conclusions of Law~ Any further discussion? Hearing none, roll call vote please~ Roll-call: De Weerd, aye; Anderson, aye; McCandless, aye; Bird, aye. MOTION CARRIED: ALL AYES Corrie: Okay, at this point I'll entertain a motion to close the Public Hearing on CUP 01-011. Anderson: Mr. Mayor Corrie: Mr. Anderson~ Anderson: I would make a motion we close the Public Hearing on the request for Conditional Use Permit for Hark's Corner at 119 South Linder Road. Bird: Second. Corrie: Motion's been made and second to close the Public Hearing on the request for Conditional Use Permit on item No. 19 CUP 01-011. 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 move that we approve the request for Conditional Use Permit for a commercial development for the proposed Hark's Corner to include the staff comments, changes that need to be modified dated June 5th to include language to ACHD recommendations or as amended, to note or to reflect that this is a planned development and for the Attorney to draw up the Findings of Facts and Conclusions of Law and Decision of Order. McCandless: Second. Corrie: Discussion? Mr. Nichols. Nichols: Mr. Mayor, Members of the CounciL In preparing these findings, I would tend to indicate that the car wash operation hours of operation would have to be such as not to constitute a nuisance to the neighbors or you can specify hours of operation or whatever you want to do. Since this is one item that's not /-~.. " "~ t.::...... . Meridian City Council Meeting June 5, 2001 Page 61 (~._.. ... . specified in the staff comments it would be helpful that either know what the recommended hours are. I'm sure that Mr. Van Hess will do the right thing but he's not always going to be here. So, we need to put something in the CUP that specifies those things4 De Weerd: Thank you Mr. Attorney. I would add to my motion that language be added to the car wash section so as not to be nuisance to the neighbor. How's that for being specific? (inaudible discussion) Corrie: He's a pretty (inaudible). De Weerd: How open-ended can you get? (inaudible discussion) Corrie: Motion's been made and second on the request for Conditional Use Permit with all the conditions that were appropriated in the motion. Is the any further discussion? Hearing none, roll call vote please~ Roll-call: De Weerd, aye; Anderson, aye; McCandless, aye; Bird, aye. MOTION CARRIED: ALL AYES Unidentified: Did that include the 8 foot wall and the --? Bird: Yeah. Item 20. Public Hearing: 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: Corrie: We are stopping here with the rest of the meeting outside of the department reports which will be (inaudible). We'll need to go open item No. 20 is a Public Hearing request for Preliminary Plat from Traveler's Corner by Pinnacle Engineers, Inc. At this point I'll open the Public Hearing and entertain a motion to continue the Public Hearing. Is there anyone that would like to testify, since we are going to continue this one. Yes? Seel: Mayor Corrie. Jonathan Seel, W.H. Moore Company. I would ask if at possible if we could hear this tonight. I think it's a very simple one. It's simply really one lot and for a variety of reasons it would be a great benefit to us to get this thing approved tonight. As far as IJm concerned, we've looked at the staff report. We're in agreement and we don't have any discussion on our point. I don't ( Meridian City Council Meeting June 5, 2001 Page 62 think staff does either. I think it's very straightforward and I hate to be pushy here but it's simply really it's a one-lot plat for all intent purposes. Corrie: Jonathan, I'm going to leave this up to the CounciL We made a decision the first of the meeting that we were- Seel: I understand and I respect your decision. Corrie: -- going to stop at 10:00. I understand where youJre coming from but if we do you then we've got another one that maybe somebody wants to. Then we'll be here the rest of the night for these and some people may have gone home that may have had public testimony.. I don't know that they didn't. So, I would still request the Council continue this because we made the announcement that we would stop at 10:00. Like I said, I don't know that therefs anybody in the public, probably not- Seel: Yeah, thereJs no one signed up on the sheet but I understand the situation. I thought I would just ask. Corrie: Okay. ('II leave that up to the Council. They can make a decision and make a motion. However they want to do. Bird: The problem is, even if - Mr. Mayor. Corrie: Mr. Bird. Bird: The problem is, and I'm sure this is real short and sweet and everything else but so was Larry's suppose to be short and sweet. 35 minutes later, ifs not so short and sweet.. Seel: I said my peace.. Corrie: Okay. Thank you. Mr. Anderson. Anderson: I was just going to say the same thing. I know there's been 4 of us sitting on our butts in a room since 8:00 this morning and the last one was suppose to be real short and it wasn't. We still have an hour to go after this to just get through our department reports. I wouldn't really be in favor of hearing this tonight. Corrie: All right. I'll entertain a motion then to continue this. Anderson: Mr. Mayor. Corrie: Mr.. Anderson.. ( (. Meridian City Council Meeting June 5J 2001 Page 63 Anderson: I would make a motion that we continue the Public Hearing for the Preliminary Plat 01-008 Traveler's Corner, southwest corner of interstate 84 and Meridian Road. Corrie: Is there a second. McCandless: Second. Corrie: Okay~ Motion made and second to continue the Public Hearing on the Preliminary Plat 01-008 for Traveler's Corner~ Any further discussion? All those in favor of the motion say aye. MOTION CARRIED: ALL AYES Nichols: Mr. Mayor. Corrie: Yes. Nichols: What date? Corrie: 19th? Seel: 19th of June? Corrie: Yes. Item 21. Public Hearing: 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: Corrie: Item 21 is a Public Hearing request for rezone from R-8 to L-O on the Meridian Water Department by Meridian Water Department. At this point I'll open the Public Hearing. Anybody here to testify that would like to, or we can have a continued Public Hearing on the 19th. Seeing none, I'll entertain a motion on that. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I move that we continue the Public Hearing on the request for rezone from R-8 to L-O zone for Meridian Water Department at 2235 Northwest 8th street to June 19, 2001. De Weerd: Second. ('.<-'. . Meridian City Council Meeting .. J une 5~ 2001 Page 64 (. Corrie: Motion made and second to continue the request for rezone RZ 01-004 until 6-19-01. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES Item 22. Public Hearing: AZ 01-003 Request for annexation and zoning of 371.42 acres from RUT to R-4 and C...G zones for proposed Bridgetower Crossing Subdivision for a planned development consisting of residential, office and commercial uses generally located at 2420 Ustick Road: Corrie: Item No. 22 is a request for annexation and zoning Bridgetower Crossing Subdivision AZ 01-003. At this point I'll open the Public Hearing and entertain a motion to continue the Public Hearing. Do we still need to see if anybody wants to talk? It's a formality but - Bird: Go ahead. Corrie: Mr~ Bird. Bird: Mr. Mayor. I move that we continue the Public Hearing on the request for annexation and zoning of 371 ~42 acres from RUT to R-4 and C-G zone for proposed Bridgetower Crossing Subdivision to- (inaudible discussion) Bird: -- Bridgetower didnJt ask for this to be continued. Corrie: Shari, did Bridgetower ask for an extension? Stiles: Yes. They did. I thought maybe - your packets. Since the - Bird: Oh, yeah. ThatJs right. Yeaht they did. Stiles: Since the Conditional Use and the plat aren't up until the 19th but now we're going to have a problem even with the 19th because the planned development ordinance isn't going to be until the 26th. So, I guess it can still be continued and heard on the 19th but you couldn't act on the plat or the conditional use4 Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I'd like to continue this until July 2, 2001. (U":" . Meridian Cfty Council Meeting June 5, 2001 Page 65 Stiles: July 3rd? Bird: 3rd, I mean.. I'm sorry not the second. De Weerd: Second. Corrie: Is there a second to the motion? De Weerd: Yes, I did. Corrie: Okay. Any further discussion? All those in favor of the motion say aye, MOTION CARRIED: ALL AYES Item 23. Public Hearing: 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. 23 is a Public Hearing request for variance of the rear property set back on John Flaherty Construction Inc. Variance 01-005. Is there anyone here for them at this point? Okay. I'll entertain a motion of continuance. Bird: Mr. Mayor. Corrie: Mr~ Bird. Bird: I move that we continue the request for variance of the rear property set back from 15 feet to 11.5 feet for property to be used for a single family dwelling by John Flaherty Construction to 6-19-01. McCandless: Second.. Corrie: Motion's been made and second to continue the Public Hearing on the variance 01-005, continued to 6-19-01. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES Item 24. Public Hearing: 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: Meridian City Council Meeting June 51 2001 Page 66 Corrie: Item No. 24 is a Public Hearing request for variance of the street length ending in a cui de sac from the maximum length of 450 to increase to 495 feet for park and ride lot by W.H~ Moore Company. De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd.. De Weerd: Oh, sorry. I'm rushing you. Corrie: That's all right. IJII open the Public Hearing and (inaudible) for continuance. (inaudible discussion) De Weerd: Mr.. Mayor. I move that we continue this request for variance for a park and ride lot by W.H. Moore to June 19, 2001. Bird: Second. Corrie: Motion made and second to continue the Public Hearing on this request for variance 01-006 until June 19, 01 . All those in favor of the motion say aye. MOTION CARRIED: ALL AYES Item 25. 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 25 is a request for final plat 01-009 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 Glencoe. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I move that we table the request for Final Plat approval of 13 building lots and 3 other lots on 6.36 acres for Meridian Greens unit No~ 4 by Fuller/Scott Investment Company and Glencoe east and west side of Southeast 5th Way south from Overland Road until 7-3-2001. McCandless: Second~ Meridian City Council Meeting June 5, 2001 Page 67 c:.u.... Corrie: Okay. Motion is made and seconded to table the request for Final Plat on 01-009 until 7-3 of 2001. Any further discussion? All those in favor of the motion say aye. MOTION CARRIED: ALL AYES Item 26. 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 H2NRJ LLC - east of Locust Grove and south of East Wilson Lane: Corrie: Item No. 26 is a CUP 01-013 request for Conditional Use Permit for the manufacturing of inflatable boats in Elliott Business Park east of Locust Grove and south of East Wilson Lane. Council, your pleasure? Bird: Mr. Mayor. Corrie: Mr~ Bird. Bird: I move that we table the request for a Conditional Use Permit for the manufacturing of inflatable boats in an I-L zone for Elliott Business Park by H2NR LLC until 6-19-01. Corrie: Motion's made~ Do I hear a second? De Weerd: Second.. Corrie: Motion's made and seconded to table item CUP 01-013 until 6-19 of 01 ~ All those in favor of the motion say aye~ MOTION CARRIED: ALL AYES Item 27. 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: Corrie: Item No. 27 is been requested to be tabled until 6-19 of 01 by Moxie Java so I'll entertain a motion to that effect.. Anderson: Mr. Mayor. Corrie: Mr. Anderson. Anderson: I make a motion we table the 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 at 1975 East Fairview until 6-19. / ( c... Meridian City CounciJ Meeting June 5, 2001 Page 68 Bird: Second. Corrie: Motion's been made and second to table until 6-19 of 01 the request for CUP 01-010. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES Item 28. Time Extension: TE 01-005 Request for a time extension by Pinnacle Engineers for Blackstone and Coral Creek Subdivisions (fka English Gardens Subdivision) originally approved by Council on June 6,2000: Corrie: Item No. 28 is a time extension TE 01-005 request for time extension by Pinnacle Engineers on Blackstone and Coral Creek Subdivisions. Are we going to get any prompts here? Bird: That's what I was just going to ask.~ June 6th. Stiles: June 6, 2002. Corrie: All right. I'll entertain a motion. (inaudible) discussion) Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: With your permission, can't we just approve it? Corrie: You can do it if you want. Bird: I mean this is something that we've all had a chance to look at and everything. Corrie: Okay. If you can do it within the time lots. Bird: Is that okay with the staff? Are they all in agreement with 2002? Stiles: (inaudible) No. Bird: You have no problems with that? Stiles: No, sir. ( ( Meridian City Council Meeting June 5, 2001 Page 69 Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I would move that we approve the request for time extension by Pinnacle Engineer for Blackstone and Coral Creek Subdivision, formally known as English Garden Subdivision until June 6, 2002. Anderson: Second. Corrie: Motion's been made and second to extend the time extension 01-005 to June 6,2002. Any further discussion? All those in favor of the motion say aye. MOTION CARRIED: ALL AYES (inaudible discussion) Item 5. Department Reports: Public Works Department - Gary Smith A. 1. Wastewater Treatment Plan Generator installation Project - Bid Results: Corrie: Public Works, Gary Smith. Boyle: Just to clarify your question. I appreciate you granting the extension tonight. Clint Boyle, Pinnacle Engineers, 12552 West Executive Drive. The reason we had to change the name was because the Ten Mile Drainage cuts through the middle of the site and itJs actually a right-af-way that originally was Bureau of Reclamation and now it's been turned over to Nampa Meridian Irrigation District. But because there was a right-af-way through the property, the County requires the subdivision to have a separate name on either side of that right-af-way. They treat it as though it was a street right-af-way through there like they had an arterial street~ We would have preferred to have kept the entire subdivision English Gardens but it was a technicality over the Ten Mile drain right-af-way coming through it. De Weerd: You could have kept the garden theme~ (inaudible) Smith: Thank you Mayor and Council. I wonft go through this in detail. You have my memo June 1 st. Item No~ 1 is the bid results for the wastewater treatment plant generator installation project award of contract. The description is listed there. It entails the installation of a permanent K.W diesel generator at the wastewater plant and a lot of electrical upg rades that need to happen. As you can sa from my poor grammar in the second to the last sentence has done Meridian City Council Meeting June 5, 2001 Page 70 performed well in the past and they're the only bidder on this project. We recommend that Council award the contract for the wastewater treatment generator installation project to Custom Electric in the amount of $141 f977.42. Are there any questions? Corrie: Any questions? Bird: Yeah. Brad, how did this come within the budget? I mean wefd had a budget on it. Is this under what weJd estimated the cost? Smith: Originally, last year during budget time, the scope was much smaller~ John Shawcroft, after Taylor Engineers did some preliminary engineering and cost analysis, showed us that it was going to be more than what the budget was. John has told me that he has transferred funds and line items. I specifically asked him if this was within his revised budget amount and he told me that it was. Bird: I don't know. That's an awful large contract for one bidder. I can't figure out why (inaudible). Smith: We did kind of fast track this Councilman Bird and there was at least one other bidder that was very interested in doing it. He claimed that he couldn't get material prices. This bidder, evidently had no problem getting material prices so I'm not sure what's going on. Bird: That's a pretty good size job to just have one bidder. I don't know how (inaudible). I'm sure he's got the right public works license and everything. Smith: This particular contractor installed the generator at well 16 several years ago. It was the sub contractor on the reservoir project and has done some other things. Hets been the sub contractor on some of the other well houses too. And done a very good job and is pretty conscientious. If it wasn't somebody I was familiar with I would question them a little harder. Bird: (inaudible) on a job like this in the glass business, you'd have 50 bidders. Mr. Mayor. I move that we award the contract for the wastewater treatment plant generator installation to Custom Electric Inc. in the amount of $141 ,977K42 and the Mayor to sign and the City Clerk to attest. Corrie: Okay. Do I hear a second? McCandless: Second. Corrie: Motion made and second to approve the motion on the (inaudible) project (inaudible). Any further discussion? All those in favor say aye~ ( Meridian City Council Meeting J una 5J 2001 Page 71 MOTION CARRIED: ALL AYES 2. Drilling & Construction of Well No. 22 Project - Bid Results: Smith: Our second item is another contract award. It's for the drilling and construction of well No. 22 which is located in the Bear Creek Park. Again there was only one bidder but that has been the case on at least the last 4 wells that waIve drilled~ It's Riverside Inc. out of Parma. This project is somewhat different that those others as I've outlined in my memo in that we are including some of the test pumping and some oft hose extra items that we ordinarily just change the order in during or after the project. The wells usually run in the neighborhood of 11 0 to 115,000. The other thing thafs unusual about this, or not unusual but different than the other projects is that our hydro geologist has recommended that we go with PVC casing. We bid both methods, Steel casing which is the normal method and PVC casing. Our recommendation tonight after visiting with Gary (inaudible) is that we award, or that Council award the contract to Riverside Inc. for the drilling and construction of well No. 22 for PVC casing which would be in the amount (inaudible) $155,334~64. Any questions? Corrie: Okay. (inaudible) Bird: Mr~ Mayor. I move that we award the contract for the drilling and construction for well No. 22 to Riverside Inc. in the amount of $155,334.64 for PVC casing and authorize the Mayor to sig n and the clerk to attest. Anderson : Second.. Corrie: Motion's made and second to approve Riverside's bid with the PVC casing $155,334.64~ Any further discussion? Hearing none, all those in favor say aye. MOTION CARRIED: ALL AYES 5.. Intergovernmental and Developer Surety Agreement between the City of Meridian, ACHD and Glenn Johnson Homes, Inc., for Hartford Subdivision: Smith: Thank you Mayor and CounciL The last item I have is an intergovernmental and developer surety agreement between the City of Meridian and the Ada County Highway District and Glenn Johnson Homes for Hartford subdivision.. What this involves is a transfer of funds that are presently held by the Ada County Highway District to the City of Meridian. These funds were placed with ACHD as a guarantee for the developer of Hartford Sub to complete the improvements that were required by ACHD. Namely the $25,000.00 is to cover off site pressure irrigation surface restoration that has occurred to public streets Ten Mile Road and I believe Ustick Road. The funds were to guarantee Meridian City Council Meeting June 5, 2001 Page 72 c.:..,....: that the surface be restored to a condition as good as or better than what existed prior to construction. Within then subdivision therels approximately $13,000 of improvements remaining to be made by the developer that were required by the City of Meridian. Mr. Johnson has deposited a check with the City of Meridian for $13,OOO~ The $25,000 transfer from ACHD to the city of Meridian as I said earlier would cover the surface restoration~ This agreement says that the city will look after the repairs that were required by the developer by ACHD and also the Highway District will also look at it too. The reason for this transfer was so that he didn't, so that the developer Glenn Johnson Homes did not have to bond with the City of Meridian as well as keep the bond in place with Ada County Highway District for the same work. Namely the repair of the roadways for the pressure irrigation. This is the only item that remains to be resolved with this developer so that the city engineer can sign the plat. They've taken care of everything else. Corrie: Okay. Smith: My recommendation would be to approve this intergovernmental developer surety agreement between the city of Meridian, Glenn Johnson Homes and ACHD and to authorize Mayor Corrie to sign and city clerk to attest. Do you have any questions? (inaudible discussion) Bird: Mr~ Mayor. Corrie: Mr. Bird. Bird: I move that we approve that agreement with ACHD and Glenn Johnson Homes as stated by Gary] for the Mayor to sig n and the clerk to attest. Anderson: Second. Corrie: Motion made and second. Any further discussion? All those in favor of the motion say aye. MOTION CARRIED: ALL AYES B. Meridian Fire Department - Chief Ken Bowers: 1. Change Order No.. 2 for Fire Station No.. 2: Corrie: Has Kenny gone home? Bird: No. He was just asleep over there in the chair. Corrie: I didntt see him over there. ( Meridian City Council Meeting , June 5t 2001 Page 73 (. Bowers: Mayor Corrie and City Council Members. I know last Saturday was a very busy day for you all but I appreciate you all stopping by and having some cake and punch and telling your storieSa Thank you~ The first agenda was for a change order NO. 2 for our Ten Mile station~ What we did] we decided to lengthen the fence posts to bring the fence up a little higher to keep the headlights from flashing and shining into the back of the homes~ So, they raised it up and it has helped considerably by the people. There has been no complaints yet at this time~ At this time we'd like to have the Mayor sign the change order for $500_ Anderson: Mr.. Mayor. Corrie: Mr. Anderson. Anderson: I would make a motion that we approve the change order in the amount of $500. Change order No. 2 for the fire station on Ten Mile and authorize the Mayor to sign and clerk to attest. Bird: Second. Corrie: Motion made and second to have the change order No.2 of $500 approved. Any further discussion? Hearing none, all those in favor say aye. MOTION CARRIED: ALL AYES 2. Resolution No. 01-365 for Donation of Fire Truck to Gem County Fire District No.2 - Surplus Property: Bowers: the second item is pertaining to surplus property. One of our old fire engines, the 1973 Ford American Le France that we would like to gift to Gem County Fire District No.2. Bill Nichols our attorney has went through the language and drafted a resolution for the City Council. We would like to have the Mayor to sign and the city clerk to attest. Corrie: Any questions? Bird: Whafs the resolution number? Corrie: Resolution number? Ugarriza: Mayor and Council, it's 01-365. Corrie: 265. Ugarriza: 365. { \< Meridian City Council Meeting June 5J 2001 Page 74 Corrie: 365? Thank you. Anderson: Mr. Mayor. Corrie: Mr. Anderson. Anderson: I would make a motion that we approve resolution No~ 01-365, resolution for a donation of a fire truck to Gem County fire district No.2. Bird: Second. Corrie: Motion made and second to approve resolution No. 01-365 donation of fire truck to Gem County fire district No.2. Any further discussion? Hearing none, all those in favor say aye. MOTION CARRIED: ALL AYES c. Planning and Zoning Department - Shari Stiles: 1 ~ Discussion of City Council response to Ada County regarding Powder River Subdivision: Corrie: Shari. Anderson: Before you give that away Kenny would you get with me so we can (inaudible)? (lengthy inaudible discussion) Stiles: Mr. Mayor and Council. Hopefully you have in your packets a draft of a letter prepared to the Ada County Planning and Zoning Commission regarding the Powder River subdivision~ I do still need to add specific policies from our Comprehensive Plan that did not support the application. I was wondering if you had a chance to read it, have anything you would like us to emphasize more or maybe tone down a little bit. This is probably about the 10th version of this that I've written. (inaudible discussion) ***End of Side Five*** De Weerd: Have you read it? Corrie: I have. Meridian City CouncH Meeting June 5t 2001 Page 75 Bird: I've read it. I like it. De Weerd: They haven't taken anything out? Bird: What do you want taken out? Corrie: What do you want to take out? De Weerd: First of all, the 3rd sentence in the first paragraph really should - Corrie: Open the flood gates - De Weerd: That sentence and the next sentence as well. There's no point in it being there is all I'm saying. You know we don't want to alienate people. We just want to make some points~ Corrie: You want approval of this development will open the floodgates to a disaster (inaudible). Is that what you want to take out? De Weerd: That and the next sentence. Corrie: It seems the applicant- (inaudible discussion) Corrie: Okay. Does everybody agree that that might be a little strong? Bird: Yeah. That might be a little strong. Corrie: Okay. You've still got the floppy, right? There may be another one here and I couldn't remember~ (inaudible discussion) De Weerd: There is on the last page, the second full paragraph. You know it should end in that first sentence after, in our efforts in development of a new Comprehensive Plan. Then delete the rest of that sentence. We don't have to read it out loud, it should just be deleted. Stiles: It doesn't make sense if you delete it. It's not a sentence if it's deleted. De Weerd: Okay. Well, then that sentence is not needed. Stiles: I like the first part of it. De Weerd: I do too but can't you reword the last part of it? (:. .:. Meridian City Council Meeting J una 5, 2001 Page 76 -:~~" " \:....... . Stiles: What about if it said, if d.eveloper's unwillingness to wait for services? De Weerd: Unwillingness to conform to our plan. Stiles: Is that what you want? De Weerd: I would have to think about it. I would have to write it. Corrie: I think I was on the wrong paragraph. (inaudible discussion) Corrie: Yeah. We don't need the greediness here. Come the meeting on the 11 th we may be shot anyway. Stiles: Unwillingness to conform to our plan? (inaudible discussion) Corrie: I think she's got a really good point there. I didn't know I wrote that bad. (inaudible discussion) De Weerd: Those are the things that I thought were probably not appropriate to be put in there. There are a couple of things that Shari and I had talked about that need to be mentioned_ Some references as she has stated in the camp plan. In chapter 11 of the area of city impact 1-11-1 under purchase, it states as part of a sentence, to identify a logical urban fringe area adjoining the city_ The urban fringe area is realizing or will realize development pressure that must be planned for in an orderly manner. Well, what is someone's definition of in an orderly manner? In most urban planning definitions are growing from the inside out in a contiguous manner to your city limits. This is a policy that is adopted by both the city and the county recognized verbiage.. There's also verbiage in the state statute local land use planning in planning duties of a city and also it's comprehensive plans. That covers areas in addition to the local land use planning, it has land use public services, transportation community design and implementation that all can be included in this as things that cities need to have a say over. Or who is defined as the governing board.. That the plan shall include all land within the jurisdiction of the governing board. So, who is the governing board? Stiles: The County would be the governing board.. De Weerd: But in fact they have not a whole lot to say about our community design or implementation. They don't plan our public services. We give our Meridian City Council Meeting June 5, 2001 Pagan transportation priorities to ACHD. So, who really is the governing board? You knowr who's making the plan for this area of impact? I don't know, legally who is? Corrie: If you're talking about roads, it's ACHD. De Weerd: YesJ but who does ACHD go to for your road priorities? Corrie: They go to us but (inaudible). (inaudible discussion) De Weerd: Also, when the applicant was here, he basicallYJ or the applicant's representative said you know the main question the city should be asking of the development is doe it meet the camp plan and our ordinances. No. Stiles: Our ordinances don't apply. Nichols: Mr. Mayor, Members of the Council. ThatJs not what Mr. Bradbury was saying. What he was saying was the question is whether it meets the county's ordinances because the county is the one that's going to approve or deny the project, not the city's ordinances or Comprehensive Plan. De Weerd: So, does it meet the county's camp plan? Nichols: Thafs the issue that needs to be addressed in any of the testimony or the letters is if it doesn't, how it does not. One of the ways it does not meet it is the definition of municipal services where it's in conflict with an area sewer plant. Therefor it's in violation of their ordinances. At least arguably it is. De Weerd: But, when they in your area of impact adopt the city's camp plan as the plan for that area of impact. I guess those are areas that I don't understand. They look at our camp plan. We look at their camp plan. What on earth are they planning from? Nichols: The handout that Joanne Miller gave you with regard to the Van Hess deal- DeWeerd: Yeah. I like that. Nichols: Weill but it really cuts against us more than it helps us. A Comprehensive Plan becomes, in the (inaudible) case it was at a wish list essentially. You looked to the zoning ordinances for whether or not something is approved. The Comprehensive Plan gives guidance but it's not a controlling document in the same way a zoning ordinance is~ So, the county zoning ordinance is what has to be looked at but again one of the things is the sewer plant~ The other thing is Shari should site those areas of the Comprehensive Plan (/... \., .. . Meridjan City Council Meeting June 5, 2001 Page 78 specifically if she can find time with all the other things to put it in. Essentially what you want to do is you want to give the county Planning and Zoning commission reasons why that would support a denial. De Weerd: Well, I have a list of reasons. I don't know if anyone else but comments. But I can just get together with Shari instead of dragging this out any further. (inaudible discussion) Corrie: Why don't you go ahead and take Friday morning off and come back Friday afternoon (inaudible). I think you should really. We need to work those out. 2. Ada County Development Services: 01-06-5/01-05-ZC/01- 14-CU/01-15-0TD/01-14-MSP McGrath Family Trust - Westborough Subdivision - Proposed 71 single-family lots on 28.29 acres at the southwest corner of Locust Grove and Chinden Boulevard Corrie: No.2. Westborough Subdivision. McGrath Family Trust. Anything on that? (inaudible discussion) Stiles: The next subdivision? Corrie: Westborough. (inaudible discussion) Corrie: You had it down there Ada County Development Services. Stiles: Yes. They had requested comment on that. When does that go? (inaudible discussion) Stiles: 14th so they do need comments before the 14th. (inaudible discussion) Corrie: Well,-- Stiles: Tammy and I can work on this letter and structure it to meet the Westborough one. Corrie: It's going to be much the same. Meridian City Council Meeting June 5, 2001 Page 79 c:::...... . Stiles: It will be virtually the same. I mean it won't discuss some of the site- specific stuff like we did in Powder River. The issues are the same. Corrie: Okay. Stiles: This one would be located, is this the right one? I got the wrong one, sorry.. Westborough is located at this southwest corner of Locust Grove and Chinden. It also is proposing a package treatment plant. This is the one that they requested water service from the city and the Council denied for water and sewer~ I'm not sure which. They're proposing using United Water and a treatment plant. Corrie: Is United Water going to have to put another well in? If they do, they can't do it. Stiles: How come? Corrie: Thafs what they told us. Bird: They'll run it like they did the church on the north - Corrie: Just as long as they don't have to add more wells to do it. Bird: Just another (inaudible) getting our area though Mayor. Corrie: I understand that. (inaudible) Theyfll try it either way. (inaudible discussion) Corrie: What was that Gary? If they have to drill new wells - Did you understand that? Smith: I don't Mayor. I don't remember that part of it. I know they are able to expand their service area when they're contiguous. Corrie: But, if they're not they have to - Smith: I don't recall the supply issue. Corrie: I remember the dumb things. Okay. Stiles: Do you want this to be signed by Mayor and Council? Corrie: Sign what? I don't care. i ( . ( Meridian City Council Meeting June SJ 2001 Page 80 (inaudible discussion) Stiles: Make sure you all see it. Corrie: I'm going to have to read it before I sign it~ De Weerd: I guess I would only say it should be the Mayor and Council because it is a land use issue. It shows that we're all standing very firmly behind this. I know you're our spokesman. Corrie: (inaudible) get a letter from the Mayor, Council's behind it. De Weerd: We don't all have to sign it. (inaudible discussion) Stiles: Do you want Tammy and I to get together and do that, revise it and put a copy of it- Corrie: (inaudible) and we'll make sure everybody gets a copy of it. Bird: I was going to say don't send it out before I read it, or it's not going to have my name on it. Corrie: (inaudible) De Weerd: We'll amail it or fax it out to Mr. Technology here. (inaudible discussion) Stiles: When can we get together and do that Tammy? (inaudible discussion) Corrie: That's all that was on the agenda. Stiles: Apparently this one goes June gtht June 14th? Corrie: Is it June 14th? Okay. Stiles: So, we'll all be at the Ale conference~ We may want to request that they continue it at least until we have an opportunity to be at the public hearing. Corrie: You mean, we would request it? Stiles: So we can have- c. Meridian City Council Meeting June 5, 2001 Page 81 Corrie: Go ahead. (inaudible discussion) Stiles: No. We will ask the county to continue it. We're not asking you to ask the county. We will ask the county to continue- Corrie: Are you saying we were asking you to ask the county? Bird: No. (inaudible discussion) Bird: Mr. Mayor. Corrie: Yes. Bird: I know it's late but, we allowed our other development outside to come in and put on an hour and a half show for us. We're not even letting these guys say a word. Corrie: That's fine. Come on up here- Bird: I would have no problem but I don't want no strung out deal. We've got to be consistent. We either have it on the agenda like we did Powder River or we have it under the department. Now, which way are we going to deal with these because you've got a whole bunch of them coming? Which way are we going to deal with them? Are we going to do them in department reports where they don't talk or are we going to have a full-blown dog and pony show? Anderson: I thought we were going to have a meeting with the developers and discuss the stuff on the north. I don't have any desire every Council meeting to debate a developer for an hour on his particular project~ We have our position. They have their position~ I mean that's pretty obvious. Bird: I agree with you Ron but when you let one developer come in and put on an hour and a half dog and pony show out of the same kind of a deal. He's on the agenda. Then the next developer that wants to come in that's away from the agendar he gets in the department report. Anderson: I thought we had agreed after that guy that we were going to just do it all at one time with a meeting with - Bird: Then why did we even bring it up? Meridian City Council Meeting June 5, 2001 Page 82 Anderson: I donJt that we did~ Unidentified: Mayor, Council. It's my desire now, has been in the past and will be in the future to work with this Councils work with Planning and Zoning in any format that you want to do it. I do think I should be heard at some point and that's all I'm asking. I don't want to put on a dog and pony show. I simply want to state what I think are merits of this plat and get your honest opinions and work with you people. I don" want to have animosity. I don't want to have friction going back and forth. I just want to work~ When I asked for the water service, I wasn't allowed to talk but other people before were allowed to talk when they requested water even thought they were denied. I was denied a chance to talk now. I thought I would get a chance to talk tonight because the previous subdivision had an opportunity to talk. If it's a different forum that I can be heard, fine. I just need to know what it is. I appreciate the hour. I appreciate how long you guys have been working today. Corrie: I just don't want to sit here and listen to some more of this. Nichols: Mr. Mayor, Members of the Council. If I can, Mr. Jewett. First of all on Powder River there was a specific request from the developer to have the item heard by the CounciL There was a letter asking that he be notified when it was front of the Council and they have an opportunity to address. I don't know if that makes it right or wrong but at least thafs a difference from what this is~ That is a difference, whether it's right or wrong that is a difference. De Weerd: I think we're trying to make steps to work with the development community to kind of put in a time frame. We realize that all the properties to the north want to break open. We as a city have certain planning that we've put into place and we can't grow in every aspect of this. Your development is not contiguous with our city~ SOt itJs dealt with differently at this point. We are trying to attempt to have that dialogue with all the different planning agencies and the development community and see if there's something that can result from that. At this point, our city is overwhelmed. We cannot even service properly the people that we have in it right now, let alone allowing urban densities to go into our area of impact that some day we're going to have to service as well. Those are our concerns and we are trying to address them. Jewett: I appreciate that and those are my very same concerns and I think that you'll find that my thinking on the whole process of north of town is different than most. I take offense to being lumped in with other people - De Weerd: I'm not lumping you. I'm just saying we are trying to address certain issues - Jewett: So am I. (. . (.. . ~~:.... .. . Meridian City Council Meeting June 5, 2001 Page 83 Corrie: Are you coming to the meeting on the 11th? Jewett: Is that the joint meeting with the commissioners and the Highway District? Corrie: No. That's the one before that David Turnball is putting together with developers up there. Are you coming to that meeting? Jewett: I haven't been informed of that one yet. Corrie: I'll call David because there is a pre meeting with just the developers and the city council on the 11th to kind of hear what's going on here before the meeting with the county commissioners. So they know exactly where we're standing and you will too. Jewett: I appreciate that because that's truly what I want to know is where your position is and I would also like you to hear my position which may be different than another developers. I think there's different merits to every piece of property out there. You canft lump them all. Corrie: There's some developer community planning that's going to go probably, you'll hear about that at this meeting at this meeting with the county commissioners as well. I'll ask David Turnball if he's talked to you because he's part of these developers in the north area there and to talk to you and see if you're a part of that. I don't know~ He's the one that's putting it together and they want to talk to us and know where we're coming from~ (inaUdible) I'll call David tomorrow and have him call you and talk to you. I didn't know who was coming other than the developers in that whole area so I would assume that you were part of it. Jewett: I haven't been a part - just the joint meeting with ACHD, the commissioners and your folks was the only meeting I was invited to. Corrie: (inaudible) Who did that notification to you? Jewett: ACHD when the original one was. They canceled and I hadn't heard about the reschedule date. Corrie: So, I'll get a hold of David Turnball and have him call you. Jewett: I appreciate that. Corrie: (inaudible) We set aside that evening for that (inaudible). We'll do it. Council, I will entertain a motion to adjourn and )'11 see you a quarter to nine tomorrow if we don't have any other things come across. ( I ( ~~. Meridian City Council Meeting June 51 2001 ! Page 84 Bird: So moved. Anderson: Second4 Corrie: Motion made and second. All in favor say aye. MOTION CARRIED: ALL AYES MEETING ADJOURNED AT 11 :20 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: "' \ \\.\' u~'n! UtJl1 .,\\ . ~ D. .r.:~~~ . J, f~. ,'+w o~r I~~I i-- .~.. ~ ,,1 ~9i l~~ ~ .~, ~. . ::~ lq:.~~.4 ... \~~'" -,...,~ ~} ~~} ./}t~ .'~ (j ()flPOii~l ~~. ~~ .$" ,() · 'C ~~:if- S .. *~ ,. t-.~ f SElkL :.~ WILLIAM G. BERG, JR., :: . . !' ~ -:: . "'tA... o~ ,~., \~ "~..:-~'.~~T 1.~ . ~RJ .~.J{f! ~ .~ ~~~ .~ ~~. . Col' ~.~~!}"i .' , ~,~~ ~~ l)~~~ ~~~ .1l~m1!-';a~\\\ ( (" NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Avenue, Meridian, Idaho, at the hour of 6:30 p.m. on June 5, 2001 J for the purpose of reviewing and considering the application of Van Hees Properties for annexation and zoning of 4 acres from R-1 to C- C for proposed Hark's Corner; Furthermore, the applicant also requests a Conditional Use Permit for commercial development with fueling stations, drive-through, coffee shop, carwash and future retail in a proposed C-C zone for proposed Hark's Corner generally located at 119 South Linder Road. A more particular description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Avenue, and is available for inspection during regular business hours, Monday through Friday, from 8:00 a.m. to 5:00 p~m. A copy of the application is available upon request. Any and all interested persons shall be heard at said public hearing, and the public is welcome and invited to submit testimony~ Oral testimony may be limited to three (3) minutes per person. Written materials may be submitted seven (7) days prior to the above hearing date so that all interested parties may examine them prior to the hearing~ 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 72 hours prior to the public meeting. DATED this 8th day of May, 2001 PUBLISH 11th and 25th of May, 2001. ( (" ........ c.n o o -n CD CD P'I' tt1 ...,. ~ <= -en o. - Zr- ~~ s:m )>::0 -c::a c . c..... . NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Avenue, Meridian, Idaho, at the hour of 6:30 p~m~ on June 5, 2001 f for the purpose of reviewing and considering the application of B.A.SJ.C. Outreach Ministries, Inc., for a Conditional Use Permit for a Christian ministry for office space and an aftercare I transitional 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 generally located at 1304 West 1 5t Street. A more particular description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Avenue, and is available for inspection during regular business hours, Monday through FridaYf from 8:00 a.m. to 5:00 p.m. A copy of the application is available upon request. Any and all interested persons shall be heard at said public hearing, and the public is welcome and invited to submit testimony. Oral testimony may be limited to three (3) minutes per person. Written materials may be submitted seven (7) days prior to the above hearing date so that all interested parties may examine them prior to the hearing. 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 72 hours prior to the public meeting. DATED this 8th day of May, 2001 PUBLISH 11th and 25th of May, 2001. . ~,\l~t\ftltZ~~' ~J I J /.11- "';."\"-\.\~" 0' lWt.:~~~).)" <t.l '" A.'tit. Jl.. ~ V~J."', ~~~, .:.'~ ~ VF nD. o[~ ~. . . -~~- -::. I ~. ~ ! ~ Su. ]A {, L 4 I, ~ ~ s .. , ~. ly .. g ~ ~ ~;; ~~1: ~ .. . ~'.-J .~... ~ ~ . r 1~ · ~ ;:>>< ~\ . ~ . .. ~~.. ~t~ ~,("I; OOf -fi\ ft,.X! --XV .:,,~..:;. .Iit]/- - Vt.~~.~.~ ~..\lSI.\ . tJ.fi rFni u-1' f,"! \ ~ ~ . wi-' CD I- C1) W LL WIl. Q ,,<( 0 N ti:i ~ I-~ w 0_ ~ ~Z . .... z ~Q 0 .> t- o " C") Z ..... :r: U) ~ S ~ ;. f. . l,..... . u:1 00 ! ~ ( . . NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Avenue, Meridian, Idaho, at the hour of 6:30 p.m. on June 5, 2001, for the purpose of reviewing and considering the application of City of Meridian Water Department for a rezone of approximately 2.89 acres from R-8 to L-Q for the City of Meridian Water Department generally located at 2235 Northwest 8th Street. A more particular description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Avenue, and is available for inspection during regular business hours, Monday through Friday, from 8:00 a.m. to 5:00 p.m. A copy of the application is available upon request. Any and all interested persons shall be heard at said public hearingJ and the public is welcome and invited to submit testimony. Oral testimony may be limited to three (3) minutes per person. Written materials may be submitted seven (7) days prior to the above hearing date so that all interested parties may examine them prior to the hearing. 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 72 hours prior to the public meeting. DATED this 8th day of May, 2001 ~ PUBLISH 11th and 25th of MaYt 2001. C/'J w o o Q w (:) o Q) Q o U) Q o -II. N o o " CD CD r+ ~ z rr1 s: m ::0 -- C :;; <Z -~ S2)> Z-I -m ~::o S:C )>m "" )> AI -t s: m z -I JULIE KLEIN FISCHER WM. F~ GrGRA y~ III D. SAJdUEL JOHNSON JILL S. JURRlES LARRY D. MOORE WILLIAM A~ MORROW \VILUMf F. NICHOLS. RECEIVED JUN - 4 2001 CITY OF MERIDIAN WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, P.A. CHRISTOPHERS. NYE ArrORNEYS AT LAW NAMPA OFFICE Pmup A. PETERSON 104 9TIi AVE. SOUTH ERIC S. ROSSMAN 200 EAST CARLTON AVE., SUITE 31 POST OFFICE Box 247 TODD A. ROSSMAN POST OFFICE Boxl150 NAMPA't IDAHO 83653-0247 DA V[D M · SWARTLEY TEL. (208) 466..9272 TERRENCE R. WHITE** MERIDIAN, IDAHO 83680-1150 FAX (208) 4664405 NICHOLAS L4 WOUEN ~~:.... . WmTE PETERSON · Also admitted in OR * * A Iso admi tted in \V A TEL. (208) 288-2499 F AJ: (208) 288-250 I PLEASE REPLY TO MERIDIAN OFFICE F ACSIMILE TRANSMITTAL D ATE: TIME: TO: COrvIP FAX #: PHONE: FROM: White Peterson" Meridian Office PHONE: (208) 288-2499, ext. Confidentiality Note: The contents of this transmission are intended to be seen and used only by the individual to whom it is addressed. If you receive this transmission in error please call our office so that we may arrange to pick up the document and route it to the office it was intended for. You may call collect if long distance: (208) 288-2499.. Thanks. ( RECEIVED JUN 1 3 2001 interoffice MEMORANDUM CITY OF MERIDIAN . '.:. .. .,... . ....... :..: :: ~: ...:. ." ... : ... ~ :. ... .: : ~ ::.-:-..~:.:: .:... ..::. ...:.: .:.: ::.-:.:: .:' ;' ::....:..": .::.: ..,. i:: ~: ..:...:::.,-:. ::. ..: . :.:.:.: .:- ;:.. ::.::,:.:: .;. ::.: ..: ...: ..... To: William G. Berg, Jr. From: Wm~ F. Nichols Subject: Revised PP FIndings for Ashford Greells Subdivision No~ 6 By: Brighton Corporatio.n File: PP-O 1-003 Date: Ju.ne 12, 200 1 Will: Please find attached the revised, original of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT, pursuant to action of the Council at their June 5,2001, lneeting. TIle revision is pursuant to Jonathall Wardle's letter dated JUl1e 5,2001, wllerein he requested the followi11g revision to 2.3 011 page 5 of t11e PP Findings, and. whicIl has beel1 revised accordingly. "The proposed plat has 0.42 acres of open space within the boundaries of the proposed plat, al1d is approved as depicted." Please serve cOl1forlned copies of t11e Fi11dings UpOl1 the Applical1t and the Plannil1g al1d Zonil1g Departlnent, Public Worlcs a I1d. the City Attorlley office, if COUllCil approves the Fil1dillgS. If you have allY questions arise please advise. z:\ W ork\lVt\Meridian\Meridian I 5360M\ASHFORD NO. 6 PPO 1-003\BergPP06120 I .doc ( BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 05/15/01 Revised ClC 06/05/0 I IN THE MA ITER OF THE ) REQUEST FOR PRELIMINARY ) PLAT FOR ASHFORD GREENS ) SUBDIVISION NO.6, ) LOCATED EAST OF BLACI( ) CAT ROAD, 1/4 MILE NORTH ) OF CHERRY LANE, MERIDIAN, ) IDAHO ) ) BY: BRIGHTON ) CORPORATION, ) ) APPLICANT ) ) Case No. PP-O 1-003 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT The above entitled Inatter cOlnil1g on regularly for public hearillg before the City Council 011 April 3, 2001, alld continued until May 1,2001 and May 15,2001, and Shari Stiles, Planning al1d Z011il1g Adlninistratof1 appeared and testified, and appearing on behalf of the Applicant were J o l1athan Wardle and David Turnbull, al1d no one appeared in opposition, and the City Council havil1g received a report frOIn Steve Siddoway, Planner for Plan11ing and Zonil1g, al1d Bruce Frecldetol1, Engineeri11g Technician III for Public Worl<s, and the City Council 11 avi ng received as part of the record of this matter the reCOlTIlUendation to City Council of the Planning and Zoni11g COffilnission and the applicant havi11g submitted the "PRELIMINARY FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT ASHFORD GREENS NOc 6/ (PP-OI-003) - I c (~'.~:.'... . PLAT, ASHFORD GREENS NO. 61 LOCATED IN THE W 1/2, OF SECTION 3 T. 3N., R. 1 W, B.M., MERIDIAN, ADA COUNTY, IDAHO, NOVEMBER 2000, JOB NO. 00-099-00, SHEET NO.1, STAMPED: RECEIVED MAR 22 2001 CITY OF MERIDIAN CITY CLERIC OFFICE, DRAINAGE POND - CITY OF MERIDIAN Rev 03/12/01, J: \PROJECTS\ASHFORD GREENS\DRA WINGS\ASHFORD6\ashford6PREplat.dwg, Wed Mar 21 09: 19:20 2001 I<AM, , HUBBLE ENGINEERING, INC.n BRIGHTON CORPORATION,DEVELOPERS/OWNERS", Sllbll1itted for prelimillary plat approval and wl1ich prelilnil1ary plat for approval application is herein received and adjudged by the City COUI1Cil pursuant to Meridia11 City Code S 12-3-3. Therefore the City Councillualces tIle following findings: FINDINGS OF FACT I. That the proposed developlnel1t is in conformance with the COlnprehellsive PlaIl by reaSOll of tIle fact that it lies withil1 the Existing Urban Area as defined in the Meridian COlnprehensive Plan Generalized Land Use Map, Illfrastructtlre Planl1il1g fulalysis COlnprehensive Plan alld Map, adopted Decelnber 21, 1993, a11d the property is presently zoned Meditlln Density Residential District (R..4), alld requires connection to the MUIlicipal Water and Sewer Systelu. [Meridia11 City Code 9 11-7-2 D] FINDINGS OF FAC1"' AND CONCLUSIONS OF LAW AND ORDER OF CON.DITIONAL APPROVAL OF PRELIMINARY PLAT ASHFORD GREENS NO.6 / (PP-OI-003) - 2 ( (. 2. The preliminary plat is in conforlnance with the Comprehensive Plan City of Meridian adopted December 21, 1993, Ordinallce No. 629. 3. It is determined that Urban Services can be made available to aCCOlTIlnodate the proposed development if the plat cOlnplies with the requirelne11ts and conditions llereinafter set forth as COl1ditions of prelilninary plat approval. 4. Tile proposed developluellt is a continuity of tIle proposed developll1ent withi11 the Cityfs Capital Improvelnent Progran1 and if the conditions which are reqtlested by the Plal1ning and Zoni11g Adlninistrator and the Assistant City Engineer and as proposed by the developer as stated 011 the prelirninary plat there "viii be public financial capability of supporting services for the proposed development. 5. The developluent if built in accordance with the conditions alld as proposed, willll0t create .health, safety or environlnental problems and there have been no specifics of any such concerns brought to the CouncilJs attention. 6. It is found that the Recollllnendation To City COUI1Cil of the Planning al1d Zoni11g COlTIlnissio11 is reasol1able and appropriate for the conditions of approval of the prelilninal)' plat as hereil1after set forth. 7 ~ TIle applicant has submitted for COllsideration of t11is approval drawing of tIle prelimil1ary plat hereil1 designated as: "PRELIMINARY PLAT, ASHFORD GREENS NO.6, LOCATED IN THE W V2, OF SECTION 3 T. 3N., R. IW, B.M., MERIDIAN, ADA COUNTY, IDAHO, NOVEMBER 2000, JOB NO. 00-099-00, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT ASHFORD GREENS NO. 6 / (PP-O .1-003) - 3 SHEET NO.1, STAMPED: RECEIVED MAR 22 2001 CITY OF MERIDIAN CITY CLERI( OFFICE, DRAINAGE POND - CITY OF MERIDIAN Rev 03/12/01, J: \PROJECTS\ASHFO RD GREENS\D RA WIN GS\ASHFO RD6\ashford6PREplat.dwg, Wed Mar 21 09: 19:20 2001 I<AMJ , HUBBLE ENGINEERING, INC~, BRIGHTON CORPORATION,D EVELOPERS/OWNERS". DECISION AND ORDER Pursuant to tIle City CounciPs authority as provided in Meridian City Code 9 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted: IT IS HEREBY ORDERED AND THIS DOES ORDER I. The Prelilnillary Plat of the applical1t as evidenced by HPRELIMINARY PLAT, ASHFORD GREENS NO.6, LOCATED IN THE W Y2, OF SECTION 3 T. 3N., R. 1 W, B.M., MERIDIAN, ADA COUNTY, IDAHO, NOVEMBER 2000, JOB NO. 00-099..00, SHEET NO. I, STAMPED: RECEIVED MAR 22 2001 CITY OF MERIDIAN CITY CLERIC OFFICE, DRAINAGE POND - CITY OF MERIDIAN Reu 03/12/01, J: \PROJECTS\ASHFORD GREENS\DRA WINGS\ASHFORD6\ashford6PREplat.dwg, Wed Mar 21 09: 19:20 2001 I<AM, 1 HUBBLE ENGINEERING, INC~, BRIGHTON CORPORATION,DEVELOPERS/OWNERSJJ is hereby conditionally approved; alld 2. T11e conditio11S of approval are as follows to-wit: Adopt the Plallning and Z011ing Adll1illistrator and E11gil1eering Technician III FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT ASHFORD GREENS NO. 6/ (PP-OI-003) - 4 ( Recommendatiol1S as follows: 2~ I Sanitary sewer alld water selVice to t11is site shall be via extel1sions froIn existing mains in adjacent phases of this subdivisiol1. Subdivision designer to coordinate main sizing and routil1g with tIle Public W orl<s Departlnent~ 2~2 Applicant shall be responsible to construct perlnanellt perimeter fencing, except adjacent to the golf course. Additionally, if the Eight Mile Lateral is not piped before Applicant is ready for building permits, then tIle Applicant shall provide a tell1porary fence to l<eep construction debris out of the ditch. Fencing is to be in place prior to applyillg for building permits. 2.3 The proposed plat has 0.42 acres of open space within the boulldaries of the proposed plat, alld is approved as depicted. 2.4 No landscape pla11 was sllblnitted vvith the application. A detailed lalldscape plan for tIle COlnmon areas, il1 cOlnpliance with the Lal1dscape Ordinance, shall be submitted for revievv and approval with the sublnittal of the final plat. The plan shall i11clude sizes al1d species of trees, sllrubs, berlninglswale details, and all proposed grOU11d cover/treatlnent. 2.5 A letter of credit or casll surety in the amount of 110% shall be required for all fencing, landscaping, pressurized irrigatio11:r sanitary sewer, water, etc., prior to signature on the final plat~ 2.6 In accordallce with City Ordinance 12-13-8-1, underground year- round pressurized irrigation shall be provided to all COffilnon lal1dscape areas on site. Applicant sllall be required to utilize any existing surface or well water for the prilnary source~ If City water is proposed as a secondary SOllrce, developer s11all be responsible to pay water asseSSll1ents for the cOffilnoll1andscaped areas. Applica11t shall sublnit irrigation performance specifications in cOlnpliance with Ordil1al1ce 12-13-8-2 when applying for a Final Plat. 2~7 Eight Mile Lateral runs adjacent to the east side of the subject property. Since a110ther party has cOlnrnitted to pipe the lateral adjacel1t to Applicant's property, piping of the Lateral by Applicant has been wavied~ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT ASHFORD GREENS NO.6 / (PP-OI-003) - 5 i~ (.~.... ('.... . 2~8 The preliminary plat malces referel1ce to Uunplatted" land east of the subject property, when it1 fact it has been platted as Brenda Estates Subdivision. The plat shall be revised to show the correct name. 2.9 Applicant shall show al1Y proposed drainage facilities to be located withi11 the Cherry Lane Golf Course. 2.10 Applicant shall obtain a letter froIn the Ada County Street Nalne COlnmittee, approving the subdivisiol1 and street l1alnes. Mal(e any corrections necessary to confofln. 2.11 Coordinate fIre hydrant placement with the City of Meridian Public W orIes Departll1ent. 2.12 I DO-watt high-pressure sodium streetlights shall be required at locatiollS designated by the Public W orl(s Department. AIl streetlights shall be illstalled at subdividerrs expense. Typical locations are at street intersectiollS and/or fire hydrants. 2~ 13 AIl irrigation ditches, laterals or canals, exclusive of natural waterways, il1tersecting, crossing or lying adjacent and contiguous to the area beil1g subdivided sllall be tiled per City Ordinance 12- 4-13. The ditches to be piped shall be S110W11 on the site plans. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users associatio11, with writtel1 confirlllatio11 of said approval submitted to the Pllblic W orl(s Department. 2.14 Any existing dOlnestic wells and/or septic systems withill this project shall have to be relTIoved froIn their dOlnestic seIVice per City Ordinal1ce Sections 9-1-4 and 9-4-8. Wells Inay be used for non-dOlnestic purposes such as landscape irrigation~ 2~ 15 Sidewall(s and pedestrian wall(ways shall be provided ill accordallce witll City Ordinance Section 12-5-2..1(. Adopt the Recolnlnelldations of the Central District Health Department as follows: 2.16 The ApplicantJs ce11tral sewage and central water plans shall be submitted to al1d approved by the Idaho Departlnel1t of Health & Welfare, Divisioll of Enviro111nental Quality. 2.17 Run-off is not to create a mosquito breeding probleln. FINDINGS OF FACT AND CONCLUSIO.NS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT ASHFORD GREENS NO.6 / (PP-OI-003) - 6 2.18 Stormwater sllall be pretreated through a grassy swale prior to discharge to the subsurface to prevent ilnpact to groundwater and surface water quality~ 2.19 The Engineers and architects involved with the design of the subject project shall obtain current best lnanagelnent practices for storlTIWater disposal and design a storluwater lTI.anagelnent systeln that prevents groundwater and stlrface water degradatio11. By action of the City Council at its regular lueeting held on the 5~ day of cT~ ,2001. ROLL CALL COUNCILMAN ANDERSON VOTED ~C<- COUNCILMAN BIRD VOTED ~ COUNCILWOMAN deWEERD VOTED .~ COUNCILWOMAN McCANDLESS VOTED .~ ~ MAYOR ROBERT D. CORRIE (TIE BREAICER) VOTED Copy served UpOl1 Applicant, the Planni11g alld Zoning Department, Public W orl(s Departlnent al1d City Attorney~ By: City Clerl< Dated: \\NP ~ NTS40 _ PDasER VER _ ~ W ork\M\M.eridian\N1eridi an 15360 M\AS H FORD NO. 6 PPO I -Q03\FfCIsOrdPP .doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT ASHFORD GREENS NO. 6/ (PP-OI-003) - 7 (.:. . RESOLUTION NO. fJl-,~65 BY: {lo/t IIndhS~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, SETTING FORTH CERTAIN FINDINGS AND PURPOSES TO DECLARE SURPLUS PROPERTY; AUTHORIZING THE MAYOR OF THE CITY OF MERIDIAN TO CONVEY A 1973 FORD AMERICAN LaFRANCE FIRE TRUCI(, SERIAL #213325, TO THE GEM COUNTY FIRE DISTRICT #2 FIRE DEPARTMENT, EMMETT, IDAHO PURSUANT TO IDAHO CODE SECTION 50-1405; BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: WHEREAS, it is i11 the best il1terests of tIle City of Meridian to declare the Meridian Fire Departlnent's 1973 Ford .A1nerical1 LaFral1ce Fire Truclc, Serial #213325 as surplus property, due to the fact that tllis particular fire trucl( is no longer l1eeded or used by the Meridian Fire Department. AdditionallY1 the cost and expense to the Meridial1 Fire Departlnent for Inaintaining the fire truclc exceeds its value to the City of Meridiall. WHEREAS, the City of Meridian desires to cOllvey tIle Meridia11 Fire Departmel1t 1 s I 973 Ford .A1nerican LaFra11ce Fire Trucl(, Serial # 213325, to the Geln COllllty Fire District #2 Fire Departlnent, whicl1 is a qtlasi-lTIUnicipal el1tity el1gaged in providil1g fire protectioll services in the area of Ell1111ett, Idaho, a11d pursual1t to Idallo Code Section 50-1405. WHEREAS, the cost of Inail1tai11i11g the Meridian Fire Departme11t's 1973 Ford .A1nerical1 LaFrance Fire Truclc llntil said trucl<. could be sold, if it could be sold, would resltlt ill tIle u1111ecessary expel1ditltre of City fUllds. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL, as follows: 1. The Mayor and City Council hereby authorize a11d declare that the Meridian Fire Departmellt's 1973 Ford .A1nerican LaFrarLce Fire Truclc, Serial #213325, is stlrplus property. Resolution Declare .1973 Ford AlTI.erican. LaFrance Fire Truck as Surplus Pro.pertyand Convey it to the Gem county Fire District #2 Fire Department 1 (- 2. TIle Mayor and City Council hereby autllorize the conveyance of the Meridia11 Fire Department's 1973 Ford Atnerica11 LaFrance Fire Truc1(J Serial # 213325, for 110 lnonetary COllsidera tion, to the Gel11 COUl1ty Fire District #2 Fire Departlnent, whicI1 is a quasi-lTIUnicipal el1tity engaged in providing fire protection services in the area of ElTIlnett, Idaho. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 5~ day of JMt-L .2001. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this ~5'1J:. day of J~ ,2001~ ATTEST: + 0 1. v\f\'ttHltrt.Ut/ . \\\\ ..' ~ M'~ JI1,.. ,~\;. ...f. Or J..t:.iy//, 1'00/. I ,", ~ -.,. ..~'I -c:'"4- I- ~.,. :.. ~" . ~,-...~~.~,. ", :~~ ~ ().. noo~~ -l>~ .-~~" $ 'CO.~-w. i"&q);, II' ~ '~~.. ~ . ~ ~ '~~ l . .., f S1r}1:~ L __ . ~J.~.. . .:: ;. · ,." 7~~ (1'.' ~ ~ ~. ,-eye J. ~ ,.,~ · ...0. :~': ~ "'0_", {~j. r- 1'~1 I- X'~. -~ *- ~~' .~~:. - . ~. . ~.. · ~ .;.:.i:;:' ~/~~ . C'Of}~I;tt1{ ~ ~~ ~~:r(jl:ti ;1.;,~.; ;~.fi~~'~.\\\ \ \ ' ... Z:\W ork\M\Meridian \Meridian 15360M\Fire Dept\Surpl usFireTruckEMMETfRESOLU .doc Resolution Declare 1973 Ford AlTI.erican LaFrance Fire Truck as Surplus Pro.pertya.nd Convey it to the Gem county Fire District #2 Fire Department 2 ".".... d. ~ (.. : . . CERTIFICATE OF CLERI( OF THE CITY OF MERIDIAN 11 the undersigned, do hereby certify: I. That I am the duly appointed and elected Clerk of the City of Meridian, a duly incorporated City operating under the laws of the State of Idaho, vvith its principal office at 33 East Idaho, Meridian, Idaho. 2. That as the City ClerIc of this City, I am the custodian of its records and minutes and do hereby certify that on the 5~ day of .d/A;rJL. ,2001, the follovving action has been ta!cen and authorized: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, SETTING FORTH CERTAIN FINDINGS AND PURPOSES TO DECLARE SURPLUS PROPERTY; AUTHORIZING THE MAYOR OF THE CITY OF MERIDIAN TO CONVEY A 1973 FORD AMERICAN LaFRANCE FIRE TRUCI(, SERIAL #213325, TO THE GEM COUNTY FIRE DISTRICT #2 FIRE DEPARTMENT, EMMETT, IDAHO PURSUANT TO IDAHO CODE SECTION 50~1405; BE IT RESOL YED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: WHEREAS, it is in the best interests of the City of Meridian to declare the Meridian Fire Department's 1973 Ford American LaFrance Fire Trucl<, Serial #213325 as surplus property, due to the fact that this particular fire trucl( is no longer needed or used by the Meridian Fire Department. Additionally, the cost and expense to the Meridian Fire Department for maintaining the fire truck exceeds its value to the City of Meridian. WHEREAS, the City of Meridian desires to convey the Meridian Fire Department's 1973 Ford American LaFrance Fire Truck, Serial #213325, to the Gem County Fire District #2 Fire Department, which is a quasi-municipal entity engaged in providing fire protection services in the area of Emmett7 Idaho, and pursuant to Idaho Code Section 50-1405. Certificate of Clerk for Resolution Declare 1973 Ford Americian LaFrance Fire Truck as Surplus Property and Convey it to the Gem County Fire District #2 Fire Department I ~ J .... (. t (". . WHEREAS, the cost of maintaining the Meridian Fire Department's 1973 Ford American LaFrance Fire Trucl( until said trucl< could be sold7 if it could be sold, would result in the unnecessary expenditure of City funds. NOW, THEREFORE, BE IT RESOLVED BY THE NlAYORAND CITY COUNCIL, as follows: 1. The Mayor and City Council hereby authorize and declare that the Meridian Fire Department's 1973 Ford American LaFrance Fire Trucl<, Serial #213325, is surplus property. 2. The Mayor and City COllncil hereby authorize the conveyance of the Meridian Fire Department's 1973 Ford American LaFrance Fire Trucl<, Serial #213325, for no monetary con.sideration, to the Gem County Fire District #2 Fire Department, which is a quasi-municipal entity engaged in providing fire protection services in the area of Emmett, Idaho. \\\,,\1 It.~~!{J,/. ..\ \ \ ~ A ~~....... · I .! , "" \ \ \ ... fOe ;,.: c: ~.', '"". Ir~~,.. :0...,'1..0,' ~ ~ ~___ ~. ~. .! ~ · ... .:::..... . c} .,..:"'" ~ . .. ',. .... {~ .1 · .::- r O. .r \..,'.;. .~A.)o. +.~ -"/ $ ~.J ~<'b .lj 58. .... . 'l ~ ~) I .~ .. ., 1.1 ~ (. ...... . .. ~ ~ ',~l!:. ..... A~ oj ../ .I') _:' ~ ()," '\}'t 1~ " to / f4)." ...- ~ .....~.. .I~~ 'h... ..... - <. ..v ~ (.". - \V\ - ~;..IA .t /1' ~ i !l:tq'~ ~l . + ,,\;. ~.\ ~X1 \... .r. J \. \. \ · · J't~;i If::'''{;. ;t~.:~i:W\~;\ STATE OF IDAHO, ) County of Ada, ) 5-1~ ~ On this _ day of JIAt\!, , in the year 2001, before me, ~()...t\.i,e L~ S M '.+~ , a Notary Public, appeared WILLIAM G. BERG, JR~, known or identified to me to be the City Clerk of the City of Meridian, Idaho, that executed the said instrument7 and acl<nowledged to me that he executed the same onl~t'f.ll~~e City of Meridian. ~,~ ~\CE L. a ~ ~ "",,-"".. ..t; ~ ..... CI. . <... +-- ~ I "I'" '..a~u"~ -. .9....., CJ J J.. (:>> rr$A , ".}.., ... " . . i'1 ,. ~ 4: . t.... '" : = · .. t ....L. . r ~ .JII" \. ~.,:.;\4:... {.; B LIe J '." ~~ ~<<; "1 ;. '........... ....... () Z:\Work\M\M:e~~Iid", ..,........111 Nota Com ~/;lO /07 ire Dept\CertO fClerkSurplusFireTruckandDonatingEmmett.doc Certificate of Clerk for Resolution Declare 1973 Ford Americian LaFrance Fire Truck as Surplus Property and Convey it to the Gem County Fire District #2 Fire Department 2 t,:......... (... . .. . .. .... .. ... .. ... . . .. . .. . . . .. . . . . .. . .. . .. . ... . . .... . . .. . . .. ... . . . .. ... .. . .. .. .. . . .. . . . ... . . . . . ... .. . ... . . .. . . . ... . ... .. . .. . .. .. . . . . . .. . . ... . . . .. . . . . ... . ... . . .. .. . . . . .. ... . . ........ .. . .. . .. . .. .. .. . .. . . . . .. .. ....... .. .. ... .. . . . .. . .. ... .:... .. . .. . . . . . .. . . MEMORANDUM OF UNDERSTANDING :..:::: :-..i~...::: .i:"::.: .:: ...:.. ::. :.....: .:.......:: :...:..: .: ...:..:.:.: .::.::.:.: :... i.:. :..: .:..:.. .:. :. .:VE:.. .:.. .:. .:..:. :.. .: ...: n:.. :. . ... ........:..:.:...:.:. ::::.:.\..:.\:..:.:::..:::::::::.. .... REe. EI. .. .... . .... .. .-.. . . -. . . .. . .. . . .. ... .. ... . .. .. . . . . ::.:.::...i...::.:::.:: .:.l)rJ;::i?~~. :~.~~~rAN...::..i :::....: . . . . . . . .. . . . WHEREAS) Meridia11 Fire Statiol1 No.2 is 11earil1g cOlnpletion; and WHEREAS, the Departme11t does 110t currently have el10ugh persollnel already qualified for the Captail1 positions; al1d WHEREAS, It is ilnperative that the positiol1S of Captain be filled in order to mal(e Statioll No~ 2 operational; a11d WHEREAS, both Management and the Union agree that these circumstances are not covered. under the terms of the currellt collective bargaini11g agreelnent betweel1 the parties. Now, therefore, the parties hereto agree as follows: I ~ Eligibility for prolTIotion to the position of nCaptail1H shall be possessioll of Idaho State Firefigllter III certificatiol1, and passage of a promotiol1al exalnination to be given by Managelnent which shall C011Sist of a practical sl<ills test, and a written test. 2. Brial1 Zirnlnerlnal1 will be entitled to fill the open position of Captain if he passes the prOll1otional exalnil1ation, consisting of the practical sl<i11s al1d writte11 test and holds a State of Idallo Firefighter III certification. The parties aclG10wledge that Brian Zillllnerlnan has already ta!,en the tests Ollce but did 110t achieve a passing score. His seniority it) the position of Captai11 vvill be deterlnil1ed as of tIle date he passes t11e Captain test. Whereas 1 there are no other qualified cal1didates according to the Ctlrrent criteria~ Bria11 Zilnmerrnan vvill be allowed a one tilue opportunity to retest for the Captai11 position. He will be given 90 days to study the bibliography l11aterial prior to the retest. 3 ~ III the event Brian ZilTIlnerlnall fails to achieve a passillg score 011 the PrOll1otiol1al Exalnillation, the test for Captail1 positiol1 will be opened to alllnelnbers of the d.epartlnent who currently hold tIle positiol1 of Driver and Firefighter III State Certified. 4~ Managelnent and Uniol1 agree to waive the "till1e in grade" requirelnents that exist ill tIle currellt collective bargailli11g agreelnent as those MelTIOral1duIll of Understal1dil1g for Captain - Fire Statiol1 No.2 page I { \ ~~ ~ (.~. n. ..... . requiremel1ts relate to eligibility to fill the Captain positions t11at will be open as a result of Fire Station No.2. 5. This melTIOral1duln of understal1ding is a 011e-tilne agreelnent intended to resolve t11e extenuating circumstances caused by the opening of Meridian Fire Station No.2. Blalce Calnpbell Vice-Preside11t, Iv1eridial1 Chapter Local 2311 Date I(e1111Y Bowers Meridial1 Fire Chief Date By: Mayor Robert D. Corrie ATTEST: By: William G~ Berg, Jr., City Clerl< Date: Z~\Work\M\Meridian\Meridian 15360M\Fire Dept\MemoUnderstanding\Captain position fire station 2 Brian Zinlmernlan.doc MelTIOranduln of understanding for Captail1- Fire Station No.2 page 2 ..j.\OA CUUNTY RECORDER J~ OAYHJ NAVARRO l3 n l s. E t ~ 0 1'1, H 0 ~2001 Jl I 2 PI; 2: 1 4 fEE t3 DEPUTY... . '--:. I~j ,I 0 1 0 6 9 6 9 a CITY OF MERIDIAN ORDINANCE NO. Ol~ / 16 AN ORDINANCE FINDING THAT DAN WOOD IS THE OWNER OF CERTAIN REAL PROPERTY HA VB MADE A WRITTEN REQUEST FOR REZONE OF THE ZONING CLASSIFICATION FOR REAL PROPERTY ON THE NORTH SIDE OF CHERRY LANE, EAST OF TEN MILE ROAD, MERIDIAN, IDAHO, THAT LIES WITHIN THE BOUNDARIES OF THE CITY OF MERIDIAN FROM L-O (LIMITED OFFICE DISTRICT) ZONING DISTRICT TO R-4 (LOW DENSITY RESIDENTIAL DISTRICT) AS DEFINED UNDER MERIDIAN CITY CODE 9 11-7-2 C, REPEALING ALL ORDINANCES, RESOLUTIONS ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID REZONING DESIGNATION TO THE OFFICIAL MAPS OF THE CITY OF MERIDIAN, IDAHO. BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION I. FINDINGS: I. The owner of tile following described property has Inade a written request for a re-zone of the z011ing classificatioll for the subject Real Property herein described from L-O (Lilllited Office) District to R-4 (Low Density Residential) District as defilled under Meridian City Code s 11-7-2 C; and Da11 Wood / (R-4) RZ-OO-008/ RE-ZONE ORDINANCE - 1 ( 2. The City of Meridian Plannil1g and Zoning COlTIlnissio11 al1d City Council having givell notice and COl1ducted all public l1earillgs i11 accordance with law and having issued its findil1gs of fact al1d. COllclusions of law and Decision and Order gral1til1g the application for rezone; and 3. The real property which is the stlbject of this ordi11al1ce is legally described as follows: A parcel of land being a portion of the Southwest 1/4 of Sectio11 2, T.3N., R.I W., B.M., Ada County, Idaho, and Inore particularly described as follows; Commencing at a brass cap marldng the Southwest corner of Seetio11 2, T.3N., R.l W., B.M., Ada County, Idaho; tllence South 88038'31 n East, I ,326.75 feet along the Southerly boundary of said Section 2 to a 5/8u iron pin marlcing tIle West III 6th corner of said Section 2; thel1ce leavil1g said Southerly bOlllldary North Oool7r24u East, 344.01 feet along the West 1/16th lille a11d also beil1g an extension of the Easterly boundary of SU11burst Subdivision No.2 as filecl ill Boole 60 at page 5894 of Plats1 Records of Ada COllnty, the REAL POINT OF BEGINNING; tllellce c()ntinui11g along said 1/16th line and Easterly bOtlndary N ortl) 000 I 7124r1 East, 543.00 feet to a 5/Stl iron pill marl<ing the Southwest corl1er of Devlin Place Subdivisio11 as filed in Bool( 77 at page 8079, Records of Ada County, Idaho; thence leaving said 1/16th line and Easterly boundary South 89042136n East, 414.65 feet along the Southerly boundary of said Devlin Place Subdivisiol1 to a 5/8u iron pin marl<ing the Southeast corner of said subdivision1 said. pill also being 011 the Westerly boundary of Sunnybroolc FarlTIS No. I as filed ill Bool< 44 at page 3609, Records of Ada County; the11ce leaving said Soutllerly boundary South OQOl7r241f West, 543.00 feet along said Westerly boundary to a POil1t; Dan Wood I (R-4) RZ-OQ-008/ RE-ZONE ORDINANCE - 2 ( thence leaving said Westerly boundary North 89042'36" West, 414.66 feet to the REAL POINT OF BEGINNING. Said parcel contains 5.17 acres, lnore or less. 1. The following conditions shall be required as follows to-wit: Adopt the Recommendations of the Planning and Z011ing and Engineeri11g staff as follows: 4~ 1 The subject lot can be adequately served by public facilities alld the proposed uses will allow for orderly expansio11 of tl1e city lilnits1 as this is an infill parcel. 4.2 The existing Developmel1t Agreelnent, Instrulnent No. 98031450, Inust be modified as a condition of rezone. Specifically, itelns 2 a-e, page 2, must be modified to reflect the change of land uses. 4.3 The existing Conditional Use Perluit must be revol<ed by City Council in conforma11ce with Section II MO 17 -9 of the Meridian City Code. To do this, COUI1Cil must notify the perlnit 1101der (D.D. & F.) of their i11tention to revol<e the perlnit and provide D.D. & F. with the opportunity to contest the revocatio11. If D.D. & F. contests the revocation, a public hearing lllust be held. If D.O. & F. has no objection, Council would direct the City Attorney to prepare findings of fact and conclusio11S of lavv to revol<.e the Conditional Use Permit. 4.4 Any existing irrigation/drainage ditches crossing the property to be included in this project shall be tiled per City Ordi11a11ce. Tl1e ditches to be piped shall be shown on the site plans. Pla11s sllall be approved by the appropriate irrigation/drainage district, vvitll 'Written confirluation of said approval submitted to the Public W orl<s Departlne11t. No variances have been requested for tilil1g Dan Wood / (R-4) RZ-OO-008/ RE-ZONE ORDINANCE ~ 3 c.... ... (. of any ditches crossing this project. 4~5 Any existing domestic wells and/or septic systelns withill this project shall be removed froIn their domestic service per City Ordinance. Wells may be llsed for non~dOlnestic purposes sucl1 as landscape irrigation. 4.6 Provide five..foot-wide sid.e\fVall<s i11 accorda11ce witl1 City Ordinance. 4. 7 All construction shall conforln to the requirements of tIle Americans with Disabilities Act. Adopt the Recoffilnendations of the Meridian Fire Department as follows: 4.8 Street l1ame signs and roads shall be installed before buildil1g is started~ Adopt the Recolnmendations of the Ada County Highway District as follows: 4.9 Extend Gemstone Drive into the site at the east property lille between Lot 9, Blocl( 1 and. Lot 1 Blocl( 5=, as pro.posed, and connect it to Gemstone Drive at the west property lil1e betwee11 Lot 13, Blocl( 1 and Lot 13, Blocl<. 5. 4~ I 0 Extend Higan Street into tIle site at the 110rth property litle as proposed to connect to the proposed Gemstone Drive~ Construct Higan Street as a 29-foot street section as proposed, within 42- feet of right-of-way with parl<ing prohibited on one side. Parl<ing shall be restricted on one side of the roadway. A signage plal1 shall be submitted for review alld approval by Pla11ning and Developrnel1t staff. 4.11 Any proposed lal1dscape islands/medians withill the public right- of-way dedicated by this plat shall be owned and lnailltained by a Dan Wood / (R-4) RZ-OO-008/ RE-ZONE ORDINANCE - 4 (: hOlneowners association. Notes of this shall be required 011 the final plat. 4.12 Unless otherwise approved, the applicant shall be required to construct all public roads, within the subdivision as 36..foot street sections with curb1 gutterJ and 5-foot wide concrete sidewall<s within 50-feet of right-of-way. 4.13 Construct the turnaround to provide a Ininimul11 ttlrning radius of 45-feet. 4.14 Utility streets cuts in pavement less than five years old are not allowed unless approved ill writil1g by the District. Contact Constructiol1 Services at 387 -6280. (with file llulnbers) for details. 4.15 A request for modification, variance or waiver of allY require1nel1t or policy outlined herein shall be Inade in writing to the ACHD Planning and Developlnent Supervisor. The request sllall specifically identify each requirement to be reconsidered and include a written explanation of why such a requirement would result in a substantial hardship or inequity. The writtel1 request shall be submitted to the District no later thaI1 9;00 a.l11. on tIle day scheduled for ACHD COllllnission action. TIlose itelns shall be rescheduled for discussion with the Comlnission on the next available lneeting agenda. Requests submitted to the District after 9:00 a.ln. on the day scheduled for COffilnission action do not provide sufficie11t til11e for District staff to remove the item from the COl1sent agenda a11d report to the COlnmission regarding the requested lTIodificatiol1, variance or waiver. Those itelns will be acted 011 by tIle COlnmission unless relTIoved froIn the agenda by the Commission. Oat1 Wood / (R-4) RZ-OQ-Q08/ RE-ZONE ORDINANCE ~ 5 (. . 4.16 Mter ACHD Commission action, any request for reconsideration of the Commission's action sllall be in writing to the Plannillg and Development Sllpervisor within six days of the action a11d shall include a lninimum fee of $110.00. TIle request for recollsideration sllall specifically identify each reqllirelne11t to be reCOllsidered and include written docurne11tatio11 of data tllat was not available to the COffilnission at the tilne of its original decision. The request for reconsideration will be heard by the District COlnmission at the next regular meetil1g of the COffilnission. If the Commission agrees to reconsider the action, the applicant will be llotified of the date and tilne of the Comlnissiol1 meeting at which the recol1sideration will be heard. 4.17 PaYlnent of applicable road ilnpact fees are reqtlired prior to building construction in accordance with Ordinance # 193, also lmown as Ada County Highway District Road Impact Fee Ordinance. 4.18 AIl desig11 and COllstruction shall be in accordallce with the Ada County Highway District Policy Manual, ISPWC Standards al1d approved suppleluents, Construction Services procedures alld all applicable ACHD Ordinances unless specifically waived l1erei11. An engineer registered in the State of Idaho sllall prepare a11d certify all improvelnent plans. 4.19 The applicant shall sublnit revised plans for staff approval, prior to issuance of building perluit (or other required perlnits), which incorporates any required design changes. 4.20 COllstruction, use and property development shall be in conforlnance with all applicable J;"equirements of tile Ada COU11ty Highway District prior to District approval for occupancy. 4.21 It is the responsibility of the applicant to verify all existing Dan Wood / (R-4) RZ-OO-008/ RE-ZONE ORDINANCE - 6 ( \. .f t. utilities within the right-of..way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to call DIGLINE (1-800~342- 1585) at least two full business days prior to breal<ing groul1d within ACHD right-af-way. The applicant shall COlltact ACHD Traffic Operations 387 -6190 in the event any ACHD C011duits (spare or filled) are comprolnised during any phase of construction. 4.22 No change in the terlTIS and conditions of this approval shall be valid ull1ess they are in writing and signed by the applicant or the applicantls authorized represel1tative and all authorized representative of the Ada County Highway District. The burdel1 shall be upon the applicant to obtain writtell confirll1ation of al1Y change from the Ada County Highway District. 4.23 Any change by the applicant in the planned use of the property whicIl is the subject of this application, shall require the applica11t to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors ill interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirelnel1ts or other legal relief is granted pursuant to the law ill effect at the time the change in use is sought. Adopt the Recolnlnendations of tIle Nalnpa & Meridian Irrigation District as follows: 4.24 The Nampa & Meridian Irrigation District's Rutledge Lateral courses along the south alld west bOUl1daries of t11e above- mentioned proposed project. The easeme11t of the Rutledge Laterallnust be protected. SECTION 2. That the above-described Property be, and the same is hereby re~ Dan Wood / (R-4) RZ-OO-008/ RE-ZONE ORDINANCE - 7 ( (...... . Z011ed a11d desigIled (R-4) Low Density Residential District. SECTION 3. That the City Engineer is hereby direct to alter all use and area maps as well as the official z011ing Inaps depictil1g tIle City of Meridia111alld use zones in accordance with this ordinance. SECTION 4: All ordinances, resolutions, orders or parts thereof ill conflict herewith are hereby repealed, rescinded alld annulled. SECTION 5. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. =lhPASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 9 day of d~ ,2001, APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 6# day of ~ ,2001. Dan Wood / (Rw04) RZ-OQ-008 / RE~ZONE ORDINANCE - 8 ( ( . \. . STATE OF IDAHO~) SS~ County of Ada. On this SfJL day of , ~(jJ/, before rne1 tlle undersigned, a Notary Ptlblic in and for said State, p onally appeared ROBERT D~ CORRIE and WILLIAM G~ BERG, JR., lcnown to me to be the Mayor and City Clerk. of the CITY of Meridian, Idaho, and who executed the within instrument, and aclcnowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my offici.al seal the day and year first above written. (SEAL) ",.USWat) .0$ U o. ..~1 ~!.__...G~<r. 41 '> ~ ~... .,.. T ... ...." 'b e,~?~O ~ ;~"\.~90 OLZ)I ~ ~ ,~~ 0.;/' 'NO OJ.rA4f ~J ~ * ' Q 13m: ~ if( J '>0 P I J Q 51 \ , e tJ. \. " 0 o 'tvnLC' t) C>. <P~.... >)' ~ '~' 0 0 Q ~;......~........ , ~ o o11ioiiD ~ ~ (\ <} COaornp0 nlsg\Z:\Work\M\Meridian\Meridian 15360lv1\OevJin Place 2 RZ008 PP025\RZOrdinance.doc Dan Wood / (R-4) RZ~OO-008 / RE-ZONE ORDINANCE ~ 9 ( f, ~~ . t. .. , l. ..... r - -; i .. j.. ...~ i~ ! r ~~ . ~. ~ ~ ~ ~-:. ) ... .': ~ . ... ~ .> :,: . .. ~ ~. rII ~ . . ...... ... - ... ~ : .J~ t i ~ ~ r. .... ...... . ~ . . ~ ... .- ., ...... ~ . .. : .~ ~ ~ ~ ~ . ... : . .. . · t ... . : ......~.. . "I '" .. .. ..."1' . .... ~ ~ ... . :. '. ,.,. ~. . . ~ +. .... r ~, /~~ ~... ( c. BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 05/15/01 IN THE MATTER OF THE ) REQUEST FOR PRELIMINARY ) PLAT FOR ASHFORD GREENS ) SUBDIVISION NO.6, ) LOCATED EAST OF BLACI( ) CAT ROAD, 1/4 MILE NORTH ) OF CHERRY LANE, MERIDIAN, ) IDAHO ) ) BY: BRIGHTON ) CORPORATION, ) ) APPLICANT ) ) Case No. PP-O I ~003 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT TIle above elltitled matter comillg on regularly for ptlblic heari11g before tIle City Council 011 April 3, 2001, and continued until May 1) 2001 and May 15,2001, and Shari Stiles, Planning and Z011ing Administrator, appeared and testified, alld appearing on behalf of the Applical1t were JOl1athan Wardle a11d David Tttrl1bull, and no one appeared in opposition, and the City Council having received a report from Steve SiddowaY1 Planner for Planning and ZOlling, and Bruce Frecl<leton, Engineering Technician III for Ptlblic Worl(s, and the City COUllCil having received as part of the record of this lnatter the recommendatioll to City COU11Cil of the Pla1111il1g and Zoning Commission and the applicant having submitted the upRELIMINARY FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT ASHFORD GREENS NO.6 / (PP-OI-003) - J. (. . (OO \~ PLAT, ASHFORD GREENS NO.6, LOCATED IN THE W Ih, OF SECTION 3 T. 3N., R. 1 W, B.M., MERIDIAN, ADA COUNTY, IDAHOJ NOVEMBER 2000, JOB NO. 00..099-00, SHEET NO.1, STAMPED: RECEIVED MAR 22 200 I CITY OF MERIDIAN CITY CLERI( OFFICE, DRAINAGE POND - CITY OF MERIDIAN Rev 03/12/01, J: \PROJECTS\ASHFORD GREENS\DRAWINGS\ASHFORD6\ashford6PREplat~dwg, Wed Mar 21 09: 19:20 2001 I<AM, , HUBBLE ENGINEERING, INC.n BRIGHTON CORPORATION,DEVELOPERS/OWNERS", submitted for prelilninary plat approval and which preliminary plat for approval application is herein received al1d adjudged by the City Council pursuant to Meridian City Code S 12-3-3. Therefore the City Council mal<.es the following findings: FINDINGS OF FACT 1. That the proposed development is in conforlnance with the Comprehensive Plan by reason of t11e fact that it lies within the Existing Urban Area as defined ill the Meridian Comprehensive Plan Generalized Land Use Map, Infrastructure Planning Analysis Comprehensive Plan and Map, adopted Decelnber 21, 1993, and the property is presently zoned Medium Density Residel1tial District (R~4), al1d requires connection to the Municipal Water and Sewer Systell1. [Meridial1 City Code 9 11-7-2 0] FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT ASHFORD GREENS NO. 6/ (PP-OI-003) - 2 c.. : .......~..n. . i. t...:... .: 2. The preliminary plat is in conformance with the COl11prel1e11sive Plall City of Meridian adopted December 21, 1993, Ordinance No. 629. 3. It is determined that Urban Services can be made available to accommodate the proposed developlnel1t if the plat cOlnplies with the requirelne11ts and conditions hereinafter set forth as conditions of preliminary plat approval. 4. The proposed development is a continuity of the proposed developlnent within the CityJs Capital Improvement Program and if the conditions which are requested by the Planning and Zoning Administrator and the Assistant City E11gi11eer and as proposed by the developer as stated on the preliminary plat there will be public fillancial capability of supporting services for the proposed developlne11t. 5. TIle development if built in accordance with the COl1ditiol1S and as proposed, will not create health, safety or environmental problelns a11d there have beel1110 specifics of any such concerns brought to the Council's attel1tion. 6. It is found that the Recomll1endation To City Council of the Planl1i11g and Zoning COlnmission is reasonable and appropriate for the COl1ditions of approval of the preliminary plat as hereinafter set forth. 7 . The applicant has submitted for consideration of this approval dravvil1g of tIle preliminary plat l1erein designated as: uPRELIMINARY PLAT, ASHFORD GREENS NO.6, LOCATED IN THE W 1/2, OF SECTION 3 T. 3N'1 R~ 1 W, B.M., MERIDIAN, ADA COUNTY, IDAHO, NOVEMBER 2000, JOB NO. 00-099-00, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT ASHFORD GREENS NO. 6/ (PP-OI-003) - 3 ( (.:.... . SHEET NO. I, STAMPED: RECEIVED MAR 22 2001 CITY OF MERIDIAN CITY CLERIC OFFICE7 DRAINAGE POND - CITY OF MERIDIAN Reu 03/12/01, J: \PROJECTS\ASHFORD GREENS\DRA WINGS\ASHFORD6\asllford6PREplat.dwg, Wed Mar 21 09: 19:20 2001 I<AM, , HUBBLE ENGINEERING, INC., BRIGHTON CORPORATION,D EVELOPERS/OWNERS". DECISION AND ORDER Pursuant to the City Council's authority as provided il1 Meridiall City Code S 12-3w5 and based upon the above and foregoing Findings of Fact wllicl1 are herein adopted: IT IS HEREBY ORDERED AND THIS DOES ORDER 1. The Prelilninary Plat of the applicant as evidenced by uPRELIMINARY PLAT, ASHFORD GREENS NO.6, LOCATED IN THE W lh, OF SECTION 3 T. 3N~, R. IW, B.M., MERIDIAN, ADA COUNTY, IDAHO, NOVEMBER 2000, JOB NO. 00-099OROO, SHEET NO. 11 STAMPED: RECEIVED MAR 22 2001 CITY OF MERIDIAN CITY CLERI( OFFICE, DRAINAGE POND - CITY OF MERIDIAN Rev 03/12/01, J: \PROJECTS\ASHFORD GREENS\DRA WINGS\ASHFORD6\ashford6PREplat.dwg, Wed Mar 21 09: 19:20 2001 I<AM1 ,HUBBLE ENGINEERING, INC., BRIGHTON CORPORATION,DEVELOPERS/OWNERS" is hereby conditionally approved; al1d 2. The conditions of approval are as follows to-wit: Adopt the Plal1ning and Zoning Administrator and Engineeri11g Tecllnicial1 III FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITION.AL APPROVAL OF PRELIMINARY PLAT ASHFORD GREENS NO.6 / (PP-OI-003) - 4 (. t.:. . l.; . ReCOlnluendations as follows: 2.1 Sanitary sewer and water service to this site shall be via extensions from existing mains in adjacent phases of this subdivision. Subdivision designer to coordinate Inain sizi11g alld routing with the Public W orlcs Department~ 2.2 Applicant shall be respollsible to construct perlna11ellt perilneter fencing, except adjacent to the golf course.. Additio11ally, if the Eight Mile Lateral is not piped before Applicant is ready for building perlnits) then tlle Applicant shall provide a telnporary fence to l<eep construction debris out of the ditch. Fellci11g is to be in place prior to applying for building perlnits. 2.3 The proposed plat shall comply with the ordillallce requirelne11t for 5% common open space within the boundaries of the proposed plat (5% of 9.24 acres is O~46 acres). 2..4 No landscape plan was submitted with the application. A detailed landscape plan for the common areas, i11 COll1plial1ce with the Landscape Ordinance, shall be sublnitted for revievv and. approval with the Sllbmittal of the final plat. The pIal1 sllall include sizes and species of trees, shrubs, berlnil1g1swale details, and all proposed ground cover/treatment. 2~5 A letter of credit or cash surety in the amount of 110% shall be required for all fencing, landscaping, .pressurized irrigation, sanitary sewer1 water, etc., prior to signature 011 the fil1al plat. 2.6 In accordance with City Ordinance 12-13-8..11 u11derground year- round pressurized irrigation shall be provid.ed to all COllllTIOn landscape areas on site. Applicant shall be required to utilize al1Y existing surface or well water for the primary SOltfce. If City water is proposed as a secondary source, developer shall be respollsible to pay water assessments for the comlnon landscaped areas. Applicant shall SUbll1it irrigation perforlnance specifications il1 cOlnpliance with Ordinance 12-13-8~2 when applyillg for a Final Plat. 2.7 Eight Mile Lateral runs adjacent to the east side of tIle subject property. Since another party has committed to pipe the lateral adjacent to Applicant's property, piping of the Lateral by Applicant has been wavied. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT ASHFORD GREENS NO.6 / (PP-OI-003) - 5 ( ( 2.8 The preliminary plat mal(es reference to "unplattedJ' land east of the subject property, when in fact it has been platted as Brenda Estates Subdivision. The plat shall be revised to show the correct name. 2~ 9 Applicant shall show any proposed drainage facilities to be located within the Cherry Lane Golf Course. 2.10 Applicant shall obtain a letter from the Ada COU11ty Street NalTIe Comlnittee, approving the subdivision and street l1alnes. Malee any corrections necessary to conform. 2.11 Coordinate fire hydrant placell1ent with the City of Meridia11 Public W orles Department. 2 ~ 12 I OO-watt high-pressure sodi urn streetlights shall be required at locatiol1S designated by the Public W orl<s Departlnellt. All streetlights shall be installed at subdivider1s expense. Typical locations are at street intersections and/or fire hydrallts~ 2~ 13 All irrigatioll ditches, laterals or canals, exclusive of l1atural waterways, irltersecting~ crossing or lying adjacellt a11d COl1tiguous to the area being subdivided shall be tiled per City Ordil1ance 12- 4-13. The ditches to be piped shall be shown 011 t11e site plans. Plans shall be approved by the appropriate irrigation/drail1age district, or lateral users association, with written cOl1firmatio11 of said approval submitted to the Public W orl(s Departlnel1t. 2~ 14 Any existing domestic wells and/or septic systems within this project shall have to be removed from their dOlnestic selVice "per City Ordinallce Sections 9MI-4 and 9-4-8~ Wells Inay be used for non-domestic purposes such as landscape irrigation~ 2..15 Sidewall(s and pedestrian wall<ways sllall be provided ill accordance with City Ordinance Section 12-5-2.1(. Adopt the Recoffilnendations of the Central District Health Departmellt as follows: 2~ 16 The Applicant's central sewage and central water plal1s shall be submitted to and approved by the Idaho Department of Healtl1 & Welfare, Division of El1vironmental Quality~ 2.17 Run-"off is not to create a mosquito breeding probleln~ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT ASHFORD GREENS NO. 6/ (PP*OI-003) - 6 ( (:,:-:...:.... 2.18 Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to grou11dwater a11d. surface water quality. 2.19 The Engineers and architects involved with the desigl1 of the sllbject project shall obtain current best Inanagerne11t practices for storrnwater disposal and design a stormwater Inallagelne11t systelTI that prevel1ts groundwater and surface water degradation. L~ B action of the City Council at its regular nleeting held on the.::7 day of Vv-rJL , 2001~ ljJ. .~~ t 6.\\;j .~ / ROLL CALL COUNCILMAN ANDERSON VOTED COUNCILMAN BIRD VOTED v\-.-- COUNCILWOMAN deWEERD VOTED COUNCILWOMAN McCANDLESS VOTED MAYOR ROBERT D. CORRIE (TIE BREAI<ER) VOTED Copy served upon Applicant, the Planning and Zoning Departlnent, Public W <?rl<s D d C.. A ' \n\Uf1ffllil epartment an lty ttorney. \.\.\.\\\\O.~ AP~r:--.:'IJIII. ,'\ .... f t ;~:{.~~'J v",.. " :'\ "' ~~ "'~ ::~'~ (} ottPOiti~~~ ~~.' ~.p ~? ~ ~ ~ tf~~-/'{)( ~. SEiiL i # ~ ~,~ ~ ~ .~ . ~t' ~q; · D I.: . ~~ ~t fSr 1~ ~ ~ i!;i it""..- ..., ~ <<t'\, 'lJ' .~~~ ~tf~ ~"I~ ~ ~,'1t ~~~1 -."l:Z r ... \' ~ \\NP A _ NTS40 _ PDOSER VER _ Z\ W ork\lV1\Meridian\M.eri d ian 15360 M\A.SHFORD NO. 6 PPO 1-003\FfClsO rd P1~~Ul.~~UUt.t\~ Dated: B~ City Clerl< FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT ASHFORD GREENS NO.6 / (PP-OI-003) - 7 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 05-15-01 IN THE MATTER OF THE ) REQUEST FOR CONDITIONAL ) USE PERMIT FOR 3 ) RESIDENTIAL LOTS TO BE ) DEVELOPED AS SUBDIVISION ) POOL, CLUBHOUSE AND ) RECREATION AREA IN A R-4 ) ZONE FOR PACI<ARD ESTATES ) NO~ 2 SUBDIVISION, ) LOCATED AT THE ) NORTHEAST CORNER OF N. ) HICI(ORYWAY AND NIIaG ) COURT, MERIDIAN, IDAHO ) ) PACI<ARD ESTATES ) DEVELOPMENT, LLC ) ) APPLICANT ) ) Case No. CUP~OI-008 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT The above entitled conditional use permit application having corne before the City Council on May 1,2001, and continued Ulltil May 15,2001, at the hour of 6:30 p~m~7 at Meridian City Hall, 33 East Idaho Street, Meridian,.Idaho1 and Shari Stiles, Plallning and Zoning Administrator, appeared and testified, and appearing on behalf of the Applica11t was Craig Groves, and appearing with FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-OI-008) 1 ~I ~ 1.:.... comments and/or concerns were Helen Sharp and Dale Sharp, and the City Council having duly COl1sidered the evidence and the record in this matter and the Recommendations to City Council issued by the Plal1ning and Zoning COilllnission who conducted a public hearing and the Council having heard and talcen oral and writtel1 testilTIOny, and having duly considered the matter, the City Council hereby mal<es the following Findings of Fact, Conclusions of Law and Decision and Order to- wit: FINDINGS OF FACT I ~ A notice of a public hearing on the conditional use permit was published for two (2) consecutive weel<s prior to the said public hearing scheduled for May 1, 2001, and continued until May 15,2001, before the City Council] the first publication appearing and writtel1 notice having been Inailed to property owners or purchasers of record within tllree htlndred feet (300r) of the external boundaries of the property under consideration lnore than fifteen (15) days prior to said hearing and with the notice of public hearing having .been posted tlpOn the property under consideration lTIOre than one weel< before said hearing and the copies of all notices were lnade available to newspaper, radio and television stations as pu.blic service al1nouncements; and the matter having beel1 duly considered by the City Council at the May I, 200 I, and continued until May 15, 200 I, public hearing; and the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-OI~008) 2 ( '\~ applicant, affected property owners, and governlnent subdivisions providil1g 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 witll all notice and hearing requirements set forth in Idaho Code 967-6509, 6512, and Meridian City Code 99 11-15-5 and II-17M 5 as evidenced by the Mfidavit of Mailing, and the Mfidavit of Publication and Proof of Posting filed with the staff report. 3~ This proposed development request is in an R-4 zone and by reason of the provisions of the Meridian City Code ~ II M 1 7 -4, a public hearing was required before the City Council on this application. 4. The property is located at the northeast corner of N. Hiclcory Way and Nil<lci Court, Meridian) Idaho. 5. The OWller of record of the subject property is Pacl<ard Estates Development, LLC of Boise, Idaho. 6~ Applicant is owner of record. 7. The subject property is Ctlrrently zoned R-4. The zoning district of R-4 is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. 8. The proposed application requests a COllditional use perluit for FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP~Ol-008) 3 (". development of a pool clubhouse and recreation area" The R-4 zoning designation witllin the City of Meridian Zoning and Development Ordinance requires a conditional use permit be obtained for most uses including those requested by the Applicant~ (Meridian City Zoning and Development Ordinance, Section 11-8-1) ~ 9~ The Meridian City Council recognizes that the proposed application is in compliance with the Meridian COlnprehensive Plan~ 1 O~ The use proposed within the subject application will in fact, constitute a conditional use as determined by City Ordinance. II ~ The Meridian City Council tal<es judicial notice of its Zoning, Subdivisiol1 and Development Ordinances codified at Titles II and 12, Meridian City Code and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian, and Maps and the Ordinance establishing the Impact Area Boundary. 12. Giving due consideration to the comment received from the governnlental subdivisions providing services in the City of Meridian planning jurisdiction public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed and the following is also fOUlld to be required to mitigate the effects of the proposed use and development upon services delivered by political subdivisions FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-OI-008) 4 pO 0.. 0 (~ . providing services to the subject real property within the planning jurisdiction of the City of Meridian subject to the following: Adopt the Recommendations of the Plallning and Zoning and Engineering Staff as follows: 12.1 Off-street parl<ing shall be provided in accorda11ce with Sectioll 11-13 of the City of Meridian Zoning al1d Development Ordinance and/or as detailed in site-specific requirements. 12.2 Paving and striping shall be in accordance with the standards set forth in Sections 11~13-4.D. and 11-13-4.E. of the City of Meridian Zoning al1d Development Ordinance and in accordance with America11s with Disabilities Act (ADA) requirements. 12.3 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be sublnitted to the City Engineer (Ord~ 557, 10-1-91) for all off-street parl<ing areas. All site drainage shall be contained and disposed of on-site. 12.4 Outside lighting shall be designed and placed so as to not direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11--13-4.C. 12..5 All sigt.1age shall be in accordance with the standards set forth in Seetio11 11~14 of the City Zoning and Development Ordinance~ 12~6 All construction shall conform to the requirelnents of the Americans with Disabilities Act~ 12.7 Parl<ing: The site plan displays 8 parl<ing spaces (10 standard stalls and I hal1dicap accessible stall)~ 12~8 Landscaping: The landscape plan, sheet L-l, indicates that the recreation ce11ter shall be surrounded by thirtYMfour new 2 inch (2") caliper trees (5 Royal Crabs, 7 Patmore Ashes, 3 Norwegian Sunset Maples, and 19 Norway Spruces) numerous shrubs and approximately 4500 square feet of lawn space. The proposed landscapillg exceeds the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP~Ol-008) 5 minimum landscaping requirements found in the Landscaping Ordil1ance (12-13). The landscaping berm located on the western property line shall not exceed a 2:1 (horizontal: vertical) slope, per section 12-12-7..13 of the Landscaping Ordinance. All trees plallted within the vision triangle shall be pruned to a minimUln of eight feet above the grade adjacent to the tree, per section 12-13-9-5 of the Landscaping Ordinallce. 12.9 Irrigatiol1: An underground, pressurized irrigation system shall be installed to all landscaped areas. Performance specificatiolls shall be required prior to approval of the CZC4 12.10 Lighting: All exterior lighting shall be down shielded or shrouded so as to shield the existing and future single family dwellings from the additional lighting. 12.11 Drainage: A proposed site drainage plan shall be approved by the City Public W orIes Department prior to construction. 12~ 12 Trash: No new outdoor trash areas are proposed on Sheet L1 ~ If the Applicant intends to have any new trash e11closures other than standard cans, they shall be screened from view and not be visible by the public or from adjacent properties. 12 ~ 13 Hours of Operation: The application does not address the issue of hours of operation. Because this is a Sllbdivision amenity, the hours of operation sllall be determined by the Home Owners Association. 12.14 Certificate of Occupancy: All required ilnprovements shall be complete prior to obtaining a Certificate of Occupancy. A Temporary Certificate of Occupancy may be obtained by providillg surety to the City in the form of a Letter of Credit or cash in the amount of 110% of the cost of the required iluprovements (including paving, striping, landscaping) and irrigation). A bid shall accompany any request for Temporary Occupancy. Any Temporary Occupancy shall not exceed 60 days to cOlnplete the required ilnprovements. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-OJ-ODS) 6 ( ..-" . l . \....... .. ~.(-~.... . . .. . ( 'i . .. . 12.15 Sanitary sewer and water service to this site shall be provided via existing lines adjacent to the site. 12. 16 In accordance with City Ordinance 11-13 ~4.B.2., 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" 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 la11dscaped areas. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: 12.17 Any encroachmel1ts within the easement of the Stol<esberry Lateral without a signed License Agreement are prohibited. Adopt the Recommendations of tile Meridian Fire Department as follows: 12.18 Applicants shall satisfy all fire code requirements including those pertaining to water supply systems and fire hydrants and obtail1 approval from all departments. 12.19 Access to the Clubhouse and poolhouse shall be approved by the Meridian Fire Departmel1t. Applicant shall demonstrate how the pool shall be secured during off hours. Adopt the ReCOlnmelldations of the Central District Health Departme11t as follows: 12.20 Applicant shall provide plans for review for swilnming pools and/or spas. Adopt the Recommendations of the Central District Health Departlnent as follows: 12.21 The District shall not hear this project unless the site plan is changed in such a lnanner as to reqtlire Commission review. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUp-Or-008) 7 ( ~< \ \~ 12..22 ACHD policy requires that before any improvelnents of any Idnd are constructed or installed within the public right-of-waY1 a permit or license agreelnent permitting the ilnprovements shall be obtained. 12~23 All future design plans and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived in writing by the District~ 13. The proposed uses within the subject application will be harmonious with and in accordance 'With the Meridian Comprehensive Plan and tIle City of Meridian ZOlling al1d Developlnent Ordinance because: 13.1 The subject property is designated on the uGeneralized Land Use MapJJ as "MixedlPlanned Use DeveloplnentJJ. 14. The uses proposed within the subject application subject to the conditions herein ordered will be designed, constructed, operated and Inaintained to be harmonious and appropriate in appearance or intended character of the general vicinity a11d that such uses will not change the intended essential character of the same area. 15~ The uses proposed within the subject application will not be hazardous or disturbing to existing or future neighboring uses. 16. The uses proposed within the subject "application will be served adequately by central public facilities and services such as l1ighways1 streets) police and fire protection) drainage structures, refuse disposal, water, and sewer. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-OI~008) 8 17~ The uses proposed withi11 the subject application will not involve uses, activities, processes, materials, equipment and conditions of operation that vviII be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smol(e, fumes1 glare or odors. 18. The developtuent will not result in the destruction, loss or damage of natural or scenic feature of Inajar importance relating to the property. CONCLUSIONS OF LAW I. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the UAct" codified at Chapter 65, Title 67, Idaho Code (I.C. 967 -6503). 2. The Meridian City Council may exercise all the powers required and authorized under the "Act" except the power to adopt ordinances by the establishment of a Planning and Zonil1g Commission by ordinance pursuant to Idaho Code Section 67-6504 which the City Council of the City of Meridian has established by the passage of the "City of Meridian Zoning and Development Ordinance" at Titles XI and XII, Chapter I, Meridian City Code. 3. As part of a zoning ordinance the City Council can, subject to hearing and notice provision required, provide for the process of special and/or conditional use permits which a proposed use is otherwise prohibited by the terlns of the ordinance but allowed with conditions under the specific provisions of the ordinance FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP..OI~008) 9 which the City of Meridian has done in the adoption of its zoning ordinances. 4~ The City Council has the duty and responsibility to review the facts and circumstances of each applicatiol1 for special use permit to determine prior to granting the same that the evidential showing supports the finding that the following standards are met and that the proposed development: (Meridian City Code 9 11-17- 3) a. Will, in fact, constitute a conditional use as determined by City policy; b. Will be harmonious with and in accordance with the COlnprehensive Plan and this Ordinance; c. Will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing Of. intended character of the general vicinity and that SUCll use will not change the essential character of the same area; d. Will not be hazardous or disturbing to existing or future neighboring uses; e. Will be served adequately by essential public facilities and services such as higl1ways, streets, police and fire protection) drai11age structures) refuse disposal, water, sewer or that the person respol1sible for the establishment of proposed conditional use shall be able to provide adequately any such services; f.. Will not create excessive additional requirements at pllblic cost for pllblic facilities and services and vvill not be detrimental to tIle econolnic welfare of the community; g. Will not involve uses, activities, processes, materials) equiplnent and conditions of operation that vvill be detrimental to any persons) property or the general welfare by reason of excessive production of traffic) noise, smolce, fumes, glare or odors; h. Will not result in the destruction, loss or dalnage of a natural or scenic feature of major importance. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-OI-008) 10 (" ( . ft \~ 5 ~ Prior to granting a conditional use permit in the Low Density Residential District (R-4), a public hearing shall be conducted with notice to be published and provided to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the land under consideration for the conditional use permit all in accordance with the provisions of Meridian City Code 9 11-17-5 City of Meridian Zoning a11d Development Ordinance, which provides as follows: "Prior to approving a Conditional Use Pennit, the applicant and the Commission and Council shall follow notice and hearing procedures provided in Chapter 15 of this Title. Provided, however, that conditional use applications for land in Old Town and in industrial and commercial districts shall only be required to have one public hearing which shall be held before the Planning and Zoning Commission; and after the recommendation of the Commission is made, the application shall go before the City Council without a public hearing and the Council may approve, deny, or modify the recommendation of the COffilnission.u 6~ Following the public hearing and within 45 days after the conclusion of the public heari11g the Comlnission shall, translnit its recommendations to the Meridian City Council with supportive reasons~ The Commission shall recommend that the application be approved, approved witll conditions or denied~ The Cornluission shall ensure that allY approval or approval with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City of Meridian Zoning and Developlnent Ordinance, and Idaho State law. (Meridian City Code 9 11-17-6) FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-OJ-OOB) II (" (- 7 . When the City Council approves a conditional use permit it may impose conditions of that approval that reasonably; A. Minimize adverse impact on other development; B. Control the sequel1ce and timing of development; c~ C011trol the duration of development; D.. Assure that the development is maintained property; E. Designate the exact location and nature of the developn1ent; F. Require the provision for on-site public facilities or services; and G. Require more restrictive standards than those generally required, in this Ordinance.. 8. The City of Meridian has, by ordinance, established the Ilnpact Area and the Comprellensive Plan of the City of Meridian7 Wllich was adopted December 21, 1993, Ord. 629, January 4, 1994 and Maps. DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does Order that: 1. That the above nalned applicant is granted a conditional use pertuit for development of a pool, clubhouse and recreation area in an R-4 zone located at the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP~OI-008) 12 l\ northeast corner of N. Hiclcory Way and Nild<.i Court, Meridian, Idaho, subject to the following conditions of use and development: Adopt the Recommendations of the Planning and Zoning and Engineering Staff as follows: 1 ~ I Off-street parking shall be provided in accordance with Section 11-13 of the City of Meridian Zoning and Development Ordillance and/or as detailed in site..specific requirements. 1.2 Paving and striping shall be in accordance with the standards set forth in Sections 11-13-4.0. and 11-13-4.E. of the City of Meridian Zoning and Developlnent Ordinance and in accordance with Americans with Disabilities Act (ADA) reqtlirements. 1.3 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be su.bmitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parl<ing areas. All site drainage shall be contained and disposed of on-site. 1 ~4 Outside lighting shall be designed alld placed so as to not direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-13M4~C. 1.5 All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. 1.6 All construction shall conform to the requirements of the Americans vvith Disabilities Act~ 1. 7 Parldng: The site plan displays 8 parl<ing spaces (1 0 standard stalls and 1 handicap accessible stall).. 1..8 Landscaping: The landscape plan, sheet L-I, indicates that the recreation center shall be surrounded by thirty-four new 2 inch (2") caliper trees (5 Royal Crabs, 7 Patmore Ashes, 3 Norwegian Sunset Maples, and 19 Norway Spruces) numerous shrubs and approximately 4500 square feet of lawn space. The proposed landscaping exceeds the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-OI-008) 13 f;" " \,:.....:. . minimum landscaping requirements found in the Landscaping Ordillance (12-13). The landscaping berm located on the western property lil1e shall not exceed a 2: 1 (horizontal : vertical) slope, per section 12-12-7 N 13 of the Landscaping Ordinance. All trees planted within the vision triangle shall be pruned to a mil1inluln of eight feet above the grade adjacent to the tree, per section 12-13-9-5 of the Landscaping Ordinance. 1. 9 Irrigation: An underground, pressurized irrigation system shall be installed to all landscaped areas.. Perfofluance specifications shall be required prior to approval of the CZC.. 1..1 0 Lighting: All exterior lighting shall be down shielded or shrouded so as to shield the existing and future single family dwellings from the additional lighting. 1.11 Drail1age: A proposed site drainage plan shall be approved by the City Public W orl<s Department prior to construction~ 1 ~ 12 Trash: No new outdoor trash areas are proposed 011 Sheet L I. If the Applicant intends to have any new trash enclosures other than standard cans, they shall be screened from view and not be visible by the public or from adjacent properties. I ~ 13 Hours of Operation: The application does not address the issue of hours of operation~ Because this is a subdivision amenity, the hours of operation shall be determined by the Home Owners Association. I ~ 14 Certificate of Occupancy: All required improvements shall be complete prior to obtaining a Certificate of Occupancy.. A Temporary Certificate of Occupancy may be obtained by providing surety to the City in the forIn of a Letter of Credit or cash in the amount of 1100/0 of the cost of the required improvements (i11cluding paving, striping, landscaping, and irrigation). A bid shall accompany any request for Temporary Occupancy. Any Temporary Occupancy shall not exceed 60 days to cOlnplete the required improvements. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP~OI-008) 14 ( . . .(00... . (. .. .. . 1.15 Sanitary sewer and water service to this site shall be provided via existing lines adjacent to the site~ 1.16 III accordance with City Ordinance 11-13-4.B.2., underground year.. roul1d pressurized irrigation sllall be provided to all landscape areas on site. Submit hool<-up and design details based on the proposed lalldscaping. Applicant shall be required to utilize any existing surface or well water for the primary source~ If City water is proposed as a secondary source, developer shall be responsible to pay water assessments for the landscaped areas. Adopt t11e Recommendations of the Natupa & Meridian Irrigation District as follows: 1.1 7 fu1Y encroachmel1ts within the easement of the Stol<esberry Lateral without a signed License Agreement are prohibited. Adopt the Recommendations of the Meridian Fire Department as follows: 1 ~ 18 Applicants shall satisfy all fire code requirements includi11g those pertainillg to water supply systems and fire hydrants and obtain approval from all departments. 1.19 Access to the Clubhouse and poolhouse shall be approved by the Meridian Fire Department. Applicant shall delnonstrate how the pool shall be secured dtlrillg off hours. Adopt the Recoln111endatio11S of the Central District Health Department as follows: 1.20 Applicallt shall provide plans for review for swimming pools and/or spas. Adopt the Recolnlnendatiol1S of the Central District Health Department as follows: I ~21 The District shall not hear this project unless the site plan is changed in SUCll a manner as to require Commission review. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-OI-008) 15 1 ~22 ACHD policy requires that before any improvements of any land are constructed or installed within the public right-of-way, a permit or license agreement permitting the irnprovelnents shall be obtained. 1.23 All future design plans and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived in writing by the District~ 2~ TIle conditions shall be reviewable by the Council pursuant to Meridian City Code 9 11-17-9. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirelnents as a condition of approval of the application for a conditional use permit. 4. That the City Attorlley draft an Order Granting Conditional Use Permit in accordance with this Decision, which shall be signed by the Mayor and City Clerl< and tllen a copy served by the Clerl< upon the applicant, the Planning and Zonil1g Department, the Public W orl(s Department and any affected party requesting notice. NOTICE OF FINAL ACTION Please ta!<.e notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code ~ 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approvallnay within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP~OI..008) 16 (..... 52, Title 67, Idaho Code. By action of the City Council at its regular lneeting held on the day of ~~ ,2001. ROLL CALL: 5rA COUNCILMAN RON ANDERSON VOTED COUNCILMAN I<EITH BIRD VOTED COUNCILWOMAN TAMMY deWEERD VOTED ~~ COUNCILWOMAN CHERIE McCANDLESS VOTED -IL- MAYOR ROBERT D~ CORRIE (TIE BREAl<ER) VOTED DATED: 6.--~--o / MOTION: APPROVE . DISAPPROVED: Copy served upon Applicant, Planning and Zoning Department, Public W or1<8 Department a11d the City Attorney. Dated: E . By- City CIerI, z:\ W ork\M\Meri di an \J\11eri dian 15360 NI\P acl<2rd Est No 2 CUPD !-008\FfCIsCUPO 1 ~oo 8 .doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-O 1-008) 17 ( BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 05/15/0 I IN THE MATTER OF THE ) REQUEST FOR CONDITIONAL ) USE PERMIT FOR 3 ) RESIIDENTIAL LOTS TO BEW ) DEVELOPED AS SUBDIVISION ) POOL, CLUBHOUSE AND ) RECREATION AREA IN A R-4 ) ZONE FOR PACI<ARD ESTATES ) NO.2 SUBDMSION, ) LOCATED AT THE ) NORTHEAST CORNER OF N. ) HICICORY WAY AND NIIQG ) COURT, MERIDIAN, IDAHO ) ) PACI<ARD ESTATES ) DEVELOPMENT, LLC ) ) APPLICANT ) ) Case No. CUP.OI-008 ORDER GRANTING CONDITIONAL USE PERMIT 1. "fhis Inatter comillg before the City Council on the 15th day of May, 2001, under the provisions of Meridian City Code ~ 11-1 7 -4 for final action on conditional use perInit application and the Council having received and approving the Recomlnendation of the Planning and Zoning Commission the Council tal(es the following action: 2. That tIle above named applicant is granted a conditional use permit for ORDER CONDITIONAL USE PERMIT PLANNED DEVELOPMENT BY PACI<ARD ESTATES DEVELOPMENT, LLC / CUP-OI-008 - I (:. ( development of a pool, clubhouse and recreation area in an R-4 zone located at the northeast corner of N. Hicl<ory Way and Nildd Court, Meridian, Idaho, subject to the following conditions of use and development: Adopt the Recommendations of the Planning and Zoning and Engineering Staff as follows: 2 ~ 1 Off-street parlcing shall be provided in accordance wi tll Section II ~ 13 of the City of Meridian Zonillg and Development Ordinance and/or as detailed in site-specific requirements~ 2~2 Paving al1d striping shall be in accordance with the standards set forth in Sections 11-13-4.0. and 11-13-4.E. of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 2.3 A drainage plal1 designed by a State of Idaho licensed architect or engineer is required and shall be sublnitted to the City Engil1eer (Ord. 557, 10..1-91) 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 illumination on allY nearby residential areas and in accordance with City Ordi11ance Seetioll 11-13-4.C. 2.5 All sigllage shall be in accordance with the standards set fortll in Section 11-14 of the City Zoning and Development Ordinance. 2~6 All COl1struction shall conform to the reqllirements of the Americans with Disabilities Act. 2. 7 Parldng: The site plan displays 8 parl<ing spaces (I 0 standard stalls and I handicap accessible stall). 2.8 Landscaping: The landscape plal1, sheet L...l, indicates that the recreation center shall be surrounded by thirty-four new 2 inch (2'1) caliper trees (5 Royal CrabsJ 7 Patmore Ashes, 3 Norwegian Sunset Maples, and 19 Norway Spruces) numerous shrubs and approximately ORDER CONDITIONAL USE PERMIT PLANNED DEVELOPMENT BY P ACI<ARD ESTATES DEVELOPMENT, LLC / CUP-O 1-008 -2 ( ( 4500 square feet of lawn space. The proposed landscaping exceeds the minimum landscaping requirements found in the Landscaping Ordinance (12-13) ~ The landscaping berm located on the western property line shall not exceed a 2: I (horizontal: vertical) slope, per section 12..12.. 7 -13 of the Landscaping Ordinance. All trees planted 'Within the vision triangle shall be prulled to a minimum of eight feet above the grade adjacent to the tree, per section 12-13wo9-5 of the Landscaping Ordinance. 2.9 Irrigation: An underground, pressurized irrigation system shall be installed to all landscaped areas. Performance specificatiol1S shall be required prior to approval of the CZC. 2.10 Lighting: All exterior lighting sllall be down shielded or shrouded so as to shield the existillg and future single family dwellings from the additionallighting~ 2.11 Drainage: A proposed site drainage plan shall be approved by the City Public W orl<8 Department prior to construction. 2~12 Trash: No new outdoor trash areas are proposed on Sheet LI. lEthe Applicant intends to have any new trash enclosures other tllan standard cans, tIley shall be screened frorTI view and not be visible by the public or froIn adjacent properties. 2.13 Hours of Operation: The application does not address the issue of hours of operation. Because this is a subdivision amenity, tile hours of operation shall be deterluined by the HOllie Owners Association. 2..14 Certificate of Occupancy: All required ilnprovements shall be complete prior to obtainil1g a Certificate of Occupancy. A Temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a Letter of Credit or cash in the amount of 11 0% of the cost of the required improvelnents (including paving, striping, lalldscaping, and irrigation). A bid shall accompany any request for Telnporary Occupancy. Any Temporary Occupancy shall not exceed 60 days to complete the required improvements. ORDER CONDITIONAL USE PERMIT PLANNED DEVELOPMENT BY PACI<ARD ESTATES DE'TELOPMENT, LLC / CUP-OI-008 -3 2.15 Sanitary sewer and water service to this site shall be provided via existing lines adjacent to the site. 2.16 In accordance with City Ordinance 11-13-4.B.2., underground year- round pressurized irrigation shall be provided to alllal1dscape areas on site. Submit hoole-up al1d design details based on the proposed landscaping. Applicant shall be required to utilize any existing surface or well water for the primary source. If City water is proposed as a secondary source, developer shall be responsible to pay water assessments for the landscaped areas. Adopt the Recommendations of the Nalnpa & Meridian Irrigation District as follows: 2.17 A11Y encroachments within the easement of the Stol(esberry Lateral without a signed License Agreement are prollibited. Adopt th.e Recommendations of the Meridian Fire Departrnel1t as follows: 2.18 Applicants shall satisfy all fire code requirements including those pertaining to water supply systems and fire hydrants and obtain approval from all departlnents ~ 2.19 .Access to the Clubhouse and poolhouse shall be approved by the Meridian Fire Departlnent. Applicant shall demonstrate how the pool sllall be secured during off hours~ Adopt the Recolnmendations of the Central District Health Department as follows: 2.20 Applicant shall provide plans for review for.swilnming pools and/or spas. Adopt the Recommendations of the Central District Health Department as follows: 2.21 The District shall not hear this project unless the site plan is changed in such a manner as to require COlnmission review. 2.22 ACHD policy requires that before any improvements of any l<.ind are constructed or installed within the public right-aE-way, a permit or license agreelnent perlnitting the improvements shall be obtained. ORDER CONDITIONAL USE PERMIT PLANNED DEVELOPMENT BY PACI<ARD ESTATES DEVELOPMENT, LLC / CUP-OJ-OOB -4 (... . (~ . . .~ :~.. .. . 2.23 All future design plans and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction SelVices procedures and all applicable ACHD Ordinances unless specifically waived in writing by the District. 3. The above conditions are conclud.ed to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. Notice to Permit Holder, this conditional use permit is not transferable without complying with the provisions of Meridian City Code S 11-17-8, a copy of which is attached to this permit. By action of the City Council at its regular meeting l1eld on the 5~ day of J~ 200 I. D. CorrieJ Mayor City of Meridian Copy served upon Applicant, the Planlling and Zoning Departlnent, Public Worl<.s Department a.nd City Attorney. B Dated: 6~ S-~tJ / \\ \ \ \ \" t.ll! f t /1 (J , i I ~,~\~~ 'Of tJEp>.,;>~ll/~:~. ,"". t. ~ -t. "".Iw.c) -:-"' ~~ .....w. ,....'. ~, . .;-...., .';:>~ <;.. .$.(j o!tPOj-~J:.h -.. i/ .~# ~ . ~ ~". ~::~ ~ >. ~ :: ~ ( :;~ GI:IiIl ~~ \~ .. . .. "~(,tq ~:.:~~:~ [) :f: ~ ~ ~ :f'~ r 1'6\ · ~;. .;"... ~ :~ t .....<____ ~ <i · ~t If\ . ~ ~ '~.I1 .\..Oit~~'~."'!..f .,. ,\~ F.}tlJ} }'i~{!;~.:'~i~.'~~~\\~'\. Z~\ W orl,\M\rvleridian \Meri dian I 5360 l\1\Packard Est No 2 CUPO I ~008\OrderCUPO 1-0084 doc ORDER CONDITIONAL USE PERMIT PLANNED DEVELOPMENT BY PACI<ARD ESTATES DE\'ELOPMENT, LLC / CUP-OI-008 -5 ( BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 05-15-01 IN THE MATTER OF THE ) REQUEST FOR CONDITIONAL ) USE PERMIT FOR A GASOLINE ) FACILITY CONSISTING OF A ) 3,612 SQUARE-FOOT CANOPY ) OVER 5 MULTI-PRODUCT ) DISPENSERS, CASHIER'S ) I<IOSI( AND P ARIGNG LOT ) IMPROVEMENTS IN A C-G ) ZONE FOR FRED MEYER ) STORES, INC., LOCATED AT ) 1850 EAST FAIRVIEW ) AVENUE, MERIDIAN, IDAHO ) ) DAI(OTA COMPANY, INC. ) ) APPLICANT ) ) Case No. CUP-O 1-005 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT The above entitled conditional use permit application having come before the City Council on May 1,2001, and tabled until May 15,2001, at the hour of 6:30 p~ln~, at Meridian City Hall) 33 East Idaho Street, Meridian1 Idaho, and Shari Stiles, Planning and Zoning Adrnil1istrator7 appeared and testified, and Larry Durldn of the Dal<ota Company, Inc., appeared and testified on behalf of the Applicant, and no OIle appeared in opposition, and the City Councilllaving duly considered the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-OJ-005) I ( ( \. evidence and the record in this matter and the Recommendations to City Council issued by the Plallning and Zoning Comnlission who conducted a public hearing and the Council having heard and tal(en oral and written testimony, al1d having duly considered the Inatter, the City Council hereby mal<es the following Findings of Fact, Conclusions of Law and Decision and Order to-wit: FINDINGS OF FACT I ~ A notice of a public hearing on the conditional use permit was published for two (2) consecutive weel(s prior to the said public hearing scheduled for May I J 2001, and continued until May 15,2001, before the City Council, the first publication appearing and written notice having been mailed to property OWllers or purchasers of record withi11 three hundred feet (300r) of the external boundaries of the property under COl1sideration more thaI1 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 weelc before said hearing a"nd the copies of all notices were made available to newspaper, radio and television stations as public service announcements; al1d the lnatter having been duly considered by the City Council at the May 112001, and continued until May 15,2001, public hearing; and the applicant, affected property owners, alld government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-OJ-ODS) 2 /": ".. (-. opportunity to express COffilnents and submit evidel1ce. 2. There has been compliance with allllotice and hearing requirements set forth in Idaho Code 967-6509,6512, and Meridian City Code 99 11-15w5 and 11-17- 5 as evidenced by the Mfidavit of Mailing) and the Mfidavit of Publication and Proof of Posting filed with the staff report. 3. This proposed development request is in an C-G zone and by reason of the provisiol1S of the Meridian City Code s 11-1 7 -4, a public hearing vvas required before the City Council on this application. 4. The property is located at 1850 E. Fairview, Meridian, Idaho. 5.. The owner of record of the subject property is Fred Meyer Stores, Inc. of Portland, Oregon. 6. Applicant is Dal<.ota Company, rIle. of Boise, Idaho. 7. The subject property is currently zoned C-G. The zoning district of C-G is defined within the City of Meridian Zoning and Development Ordinance, Section IIM7..2. 8. The proposed application requests a conditional use permit for construction of a Fred Meyer Gasoline Facility consisting of a 3,612 sq. ft. canopy over 5 multi-product dispensers, cashier's laosl, and parl<ing lot ilnprovements. The C..G Z011il1g designation within the City of Meridian Z011ing and Developn1ent FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-OI-005) 3 ( .. C. .... Ordinance requires a conditional use perluit be obtained for most uses including those requested by the Applicant~ (Meridian City Zoning and Developlnent Ordinance, Section 11-8-1) ~ 9. The Meridian City Council recognizes that the proposed application is in complia11ce with the Meridian Comprehensive Plan. IO~ The use proposed within the subject application will in fact, constitute a conditional use as deterlnined by City Ordinance. II. TIle Meridian City COtlncil tal(es judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles II and 121 Meridian City Code and all current zonil1g Inaps tllereof a11d the Comprehensive Plan of the City of Meridian, and Maps and the Ordinance establishing the Impact Area Boundary. 12. Giving due consideration to the COlument received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction public facilities and services required by the proposed development will 110t ilnpose expense upon the public if the following conditions of development are ilnposed and the following is also found to be required to mitigate the effects of the proposed use and developlnellt upon services delivered by political subdivisions providing services to the subject real property withill the. planning jurisdiction of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-OI-005) 4 1 \, City of Meridian subject to the following: Adopt the Recommendations of the Plan.ning and Zoning and Engineering staff as follows: 12~ I OffMstreet parl<ing shall be provided in accordance with Section 11-13 of the City of Meridian Z011ing and Development Ordinance and/or as detailed il1 site-specific requirelnents~ 12..2 Paving and striping shall be in accordance with the standards set forth in Sections 11-13-4~D~ and 11-13-4~E~ of the City of Meridian Zoning and Development Ordillance and ill accordance with A111ericans with Disabilities Act (ADA) requirements. 12.3 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-13-4.C. 12.4 Ail signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Developlnent Ordinance. 12 .5 Ail construction and site improvements shall conform to the requirements of the Americans with Disabilities Act. 12~6 SigIlage: A) Free-S tanding: No new free-standing signs have been proposed under subject application, alld none are approved.. B) Canopy: ItelTI A~ on Sheet C2 calls out a uNew 3'-0" x 13J-OJJ electronic reader board price signJJ, details for this sign are also detailed on sheet A3 as nUluber I 0 ~ AIso proposed are UFred Meyer" I~D. canopy signs on the North and South elevations~ No canopy signs are proposed for the east or west elevations. C) General Terms; Ail sigllage is subject to design review and shall require separate perlnits~ Portable or telnporary signs shall be specifically prohibited~ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-OI-005) 5 ( Parking: A) Mil1imurn Required Parl<ing: The existing parlcing lot has 913 parldng spaces according to sheet CI, and the proposed facility shall reduce the number of parldng spaces by 40, leaving 873 parl<ing stalls on site. The Fred Meyer retail store is 172,163 square feet in size, requiring 861 parl<ing spaces per City Ordinance requiring I parl<.ing stall per 200 square feet of gross retail area" The number of parl<ing stalls indicated on the site plan (873) exceeds the City's minimum parlcing requirements ( 8 61 ) . Dimensions of all parl<ing stalls and drive aisles on proposed Site Plan conform to the minimum dimensions required by code. 12. 7 The Applicant is proposing a re-design of five (5) existing angled parl<.ing rows between the McDonald's drive entrance and the eastern parking lot entrance. The redesigned parl<.ing lot Ineets the minimum parl<ing design and dilnension standards as listed in Meridian City Code 11-13~4.F. 12.8 Landscaping: The Prelilninary Landscape Plan7 Sheet PL 1, proposes to remove 2 of the existing landscape islands located in the Iniddle the existing parl<ing rows within the project area. However, the re-design of the parlctng and landscaping rows incorporates new el1d islands and one new mid-row planter. The changes shall result in the addition of 17 trees and nUlnerous shrubs in the project area of the parldng lot. All new trees shall be a IninimUlTI of two-inch (2") caliper, per City Ordinance 12-13-7-4, not the 1.5" caliper shown on Sheet PLI. Meridian City Code 12-13-7 prohibits the use of the red lnaples (Acer Rubrum) as a landscaping tree within a parldng lot. The applicant shall find another variety of tree to replace the proposed red maples prior to the approval of the Certificate of Zoning Complial1ce (CZC). 12..9 Irrigation: An underground, pressurized irrigation system sllall be installed to all landscaped areas. Perforlnance specifications shall be required prior to approval of the CZC. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-OI-005) 6 C"". c" " . 12~ 10 Lighting: The canopy lighting shall be down shielded or shrouded so as to shield the traffic on Fairview Avenue from direct light or additional glare on the roadway. 12.11 Drainage: A proposed site drainage plan shall be approved by the City Public W orl<s Department prior to construction. 12.12 Trash: No new outdoor trash areas are proposed 011 Sheet CI~ lEthe A11plicant intends to have any new trash enclosures other than standard cans, they shall be screened from view and not be visible by the public or froIn adjacent properties. 12.13 Hours of operation: the hours of operation shall be froIn 7:00 a.m. to 11 :00 p.m. 12~ 14 Certificate of Occupancy: All required ilnprovements shall be complete prior to obtaining a Certificate of Occupancy for the fuellcioslc and facility. A Temporary Certificate of Occupancy Inay be obtained by providing surety to the City in the form of a Letter of Credit or cash in the alnOullt of 110% of the cost of the required improvements (including paving1 striping, landscaping, and irrigation)~ A bid shall accompany any request for Temporary Occupancy~ Any Temporary Occupancy shall not exceed 60 days to complete the required iln provements. 12~ 15 Sanitary sewer and water service to this site shall be provided via existing lines adjacent to the site.. 12.16 In accordance with City Ordinance 11-13-4.B~2~, 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~ Applicant shall be required to utilize any existing surface or well water for the primal)' source. If City water is proposed as a secondary source, developer shall be responsible to pay water asseSSlnents for the landscaped areas. Adopt the Recomlnendations of the Meridian Fire Department as follows: 12.17 Applicants shall satisfy all fire code requirements including those pertaining to water supply and fire hydrants to the satisfaction of all FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-OI-005) 7 ( departments~ Adopt the Recommendations of the Central District Health Dept as follows: 12.18 Run-off is not to create a mosquito breeding problem~ 12.19 Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groulldwater and surface water quality~ 12.20 The Engineers and architects involved with the design of the subject project shall obtain current best lnanagement practices for stormwater disposal and design a storlnwater management system that prevents groundwater and surface water degradation. Adopt the Recolnmendations of the Nampa & Meridian Irrigation District as follows: 12.21 The easement of the Welch Drain shall be protected and all storm drainage shall be retained on site. Adopt th.e Recommendations of the ACHD as follows: 12.22 The ACHD Commission shall not hear this project unless tIle site plan is changed in such a lnanner as to require Commission review. No new access points have beel1 proposed and none are approved. 12~23 ACHD policy requires before any improvelnents of any kind are constructed or installed within the public right-of-way, a perluit or license agreement permitting the improvements shall be obtained~ 12.24 All ftlture design plans and construction sllall be in accordance with the Ada County Highway District Policy Manual, ISPWC Sta11dards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived in writing by the District. Additionally, at the City Councillueeting held on May 15,2001, Council FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-OI-005) 8 (. requires the following: 12~25 That the project shall be lTIoved 40' west of the submitted planned site~ 13~ The proposed uses within the subject application will be harmonious with and in accordance with the Meridian Comprehensive Plan and tIle City of Meridian Zoning and Development Ordinance because: 13~ I The subject property is designated on the "Generalized Land Use MapJJ as "Mixed/Planned Use DeveloplnentU~ 14. The uses proposed within the subject application subject to the conditions herein ordered will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance or intended character of tile general vicinity and that such uses will not change the intended essential character of the same area. 15~ The uses proposed within the subject application will not be hazardous or disturbing to existi11g or future l1eighboring 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, drainage structures, refuse disposal, water, and sewer. 17~ The uses proposed within the subject application will not involve uses, activities, processes, materials, equipment and conditions of operatio11 that will be detrimental to any persons, property or the general welfare by reason of excessive FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP..OI-005) 9 ( ( productioll of traffic, noise, smol(e, fumes, glare or odors.. 18. The development will not result in the destruction, loss or damage of natural or scenic feature of major importance relating to the property. CONCLUSIONS OF LAW 1. The City of Meridian shall exercise the powers conferred upon it "by the "Local Land Use Planning Act of 1975JJ hereinafter referred to for convenience as the UAct" codified at Chapter 65, Title 67, Idaho Code (I.e. 967 -6503). 2~ TIle Meridian City Council may exercise all the powers required and authorized under the "Act" except the power to adopt ordinances by tIle establishlnent of a Planning and Zoning Commission by ordinance pursuant to Idaho Code Section 67-6504 which the City COUllCil of the City of Meridiall has established. by tIle passage of the "City of Meridian Zoning and Development Ordinance" at Titles XI and XII, Chapter I, Meridian City Code. 3~ As part of a zoning ordi11ance the City Council can~ subject to hearing and notice provision required, provide for the process of special and/or conditional use permits which a proposed use is otherwise prohibited by the terlTIS of the ordinallce but allowed with conditions under the specific provisions of the ordinance which the City of Meridian has done in the adoption of its zoning ordinances. 4. The City COUI1Cil has the duty and responsibility to review the facts and circumstances of each application for special use permit to deterlnine prior to FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP~Ol-005) 10 ( .. (:..... granting the same that the evidential showing supports the finding that the following standards are met and that the proposed development: (Meridian City Code 9 11-17- 3) a~ Will, in fact1 constitute a conditional use as determined by City policy; b. Will be harmonious with and in accordance with the COlnprehensive Plan and this Ordinance; c. Will be designed, constructed, operated and Inaintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; d~ Will not be hazardous or disturbing to existing or future neighboring uses; e. Will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services; f. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of tIle community; g. Will not involve uses, activities, processes, Inaterials, equiplnent and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smol(e, furnes1 glare or odors; h. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance. 5~ Prior to granting a conditional use permit in the General Retail and Service Commercial District (C..G), a public hearing shall be conducted with notice to be published and provided to property owners or purchasers of record within three FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-OI-005) 11 ( ( ~~.. hundred feet (300') of the external boundaries of the land under consideration for the conditional use permit all in accordance with the provisions of Meridian City Code 9 11-17-5 City of Meridian Zoning and Development Ordinance, which provides as follows: {{Prior to approvil1g a Conditional Use Permit, the applicant and the Comlnission and Council shall follow 110tice and hearing procedures provided in Chapter 15 of this Title. - Provided, however, that conditional use applications for land in Old Town and in industrial and cOffilnercial districts shall DIlly be required to have one public hearing which shall be held before the Planning and Zoning Commission; and after the recommendation of the Commission is made, the application shall go before the City Council without a public hearing and the Council may approve, deny, or modify the recolnmendation of the COffilnission." 6. Following the public hearing and within 45 days after the concltlsion of the public hearing the COffiluission shall, transmit its recommendations to the Meridian City Council with supportive reasons. The Commission shall recolnmend that the applicatiol1 be approved, approved witll conditions or denied. The Commission shall ensure that any approval or approval with conditions of an application shall be in accordallce with Meridian Comprehel1sive Plal1, City of Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City Code ~ 11-17-6) 7 .. When the City Council approves a conditional use permit it may impose conditions of that approval that reasonably: A. Minimize adverse impact on other development; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-Ol-005) 12 ( ( B. Control the sequence and timing of development; c~ Control the duration of developlnent; D. Assure that the developlnent is maintained property; E~ Desigrlate the exact locatio11 and nature of the development; F. Reqllire the provision for on-site public facilities or services; and G~ Require more restrictive standards than those generally required, in this Ordinance. 8~ The City of Meridian has, by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 21, 1993, Ord. 629 7 January 4, 1994 and Maps~ DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does Order that: 1. That the above named applicant is granted a conditional use permit for construction of a Fred Meyer Gasoline Facility consisting of a 3,612 sq. ft.. canopy over 5 lTIulti-product dispel1sers, cashier's Idosl( and parl<ing lot improvelnents in an C-G zone located at 1850 East Fairview Avenue, Meridian, Idaho, subject to the following conditions of use and development: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP..OI-005) 13 ( Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1~2 Off-street parldng shall be provided in accordance vvith Section 11-13 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 1.2 Paving and striping shall be in accordance vvith the standards set forth in Sections 11-13-4.0. and 11-13-4.E. of the City of Meridian Zoning and Development Ordinal1ce and in accordance vvith Americans with Disabilities Act (ADA) requirements. 1.3 Outside lighting shall be designed and placed so as 110t to direct illulnination on any nearby residential areas and in accordance with City Ordinance Section 11..13-4.C. 1.4 All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. 1.5 All construction and site improvements sllall cOnfOrlTI to the requirements of the Americans vvith Disabilities Act. 1.6 Signage: A) Free-.Standing: No new free-standing signs have been proposed under subject application, and none are approved. B) Canopy: Item A. on Slleet C2 calls out a "New 3'-OJ' x 13'..0" electrollic reader board price sign", details for this sign are also detailed on sheet A3 as number 10. Also proposed are "Fred Meyer'l I.D~ canopy signs on the North and South elevations. No canopy signs are proposed for the east or west elevations. C) General Terms: All signage is subject to design review and shall require separate permits~ Portable or temporary signs shall be specifically prohibited. Parlcing: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-OI-005) 14 ( C. A) Minimum Required Parldng: The existing parking lot has 913 parl<ing spaces according to sheet C I, and the proposed facility shall reduce the number of parl<.ing spaces by 40, leaving 873 parldng stalls on site~ The Fred Meyer retail store is 172,163 square feet in size, requiring 861 parldng spaces per City Ordinance requiring I parl<ing stall per 200 square feet of gross retail area. The number of parldng stalls indicated on the site plan (873) exceeds the CityJs minimum parl<ing requirelnents (8 61 ) . Dilnensions of all parl<ing stalls and drive aisles on proposed Site Plan conform to the minilnUln dimensions required by code. 1.7 The Applicant is proposing a re-design of five (5) existing angled parl<ing rows between the McDonald's drive entrance al1d the eastern parldng lot entrance. The redesigned parl<.ing lot meets the minilTIUm parldng design and dinlension standards as listed in Meridian City Code 11-13-4~F. 1..8 Landscaping: The Prelilninary Landscape Plan, Sheet PLI, proposes to remove 2 of the existing landscape islands located in the middle the existing parl<ing rows within the project area~ However, the re-design of the parldng and landscaping rows incorporates new end islands and one new mid-row planter. The changes shall result in the addition of 17 trees and numerous shrubs in the project area of the parl<.ing lot. All new trees shall be a minimum of two-incll (2JJ) caliper, per City Ordinance 12M13-7-4, not the 1.5J' caliper shown on Sheet PLI. Meridian City Code 12-13-7 prollibits the use of the red Inaples (Acer Rubrum) as a landscaping tree within a parl<ing lot~ The applicant shall find another variety of tree to replace the proposed red luaples prior to the approval of the Certificate of Zoning Compliance (CZC). I. 9 Irrigation: An underground, pressurized irrigation system shall be installed to all landscaped areas~ Performance specifications shall be required prior to approval of the CZC~ 1 ~ 1 0 Lighting: The canopy lighting shall be down shielded or shrouded so as to shield the traffic on Fairview Avenue from direct light or additional glare on the roadway. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP..OI-005) 15 (. I ~ II Drainage: A proposed site drainage plan shall be approved by the City Public W orl<s Department prior to construction~ I ~ 12 Trash: No new outdoor trash areas are proposed on Sheet C 1.. If the Applicant intends to have any l1ew trash enclosures other than standard cans, they shall be screened from view and not be visible by the public or from adjacent properties. 1.13 Hours of operation: the hours of operation shall be from 7 :00 a.ln. to II :00 p.ln. 1 ~ 14 Certificate of Occupancy: All required improvements shall be complete prior to obtailling a Certificate of Occupancy for the fuel kioslc and facility. A Temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a Letter of Credit or cash in the amount of 110% of the cost of the required improvements (including paving7 striping, landscaping, and irrigation). A bid shall accompany any request for Telnporary Occupancy. Any Temporary Occupancy shall not exceed 60 days to complete the required improvements~ 1.15 Sanitary sewer and water service to this site shall be provided via existing lines adjacent to the site~ I ~ 16 In accordance with City Ordinance 11-13 -4. B.2., 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. Applicant shall be required to utilize any existing surface or well water for the primary source. If City water is proposed as a secondary source, developer shall be responsible to pay water assessments for the landscaped areas~ Adopt the Recolnmelldations of the Meridian Fire Department as follows: 1 ~ 17 Applicants shall satisfy all fire code requirements including those pertaining to water supply and fire hydrants to the satisfaction of all departments. Adopt the Recommendations of the Central District Health Dept as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-OIM005) 16 ( ( 1.18 Run-off is not to create a mosquito breeding problem~ 1.1 9 Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 1.20 The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater mal1agement system that prevents groundwater and surface water degradation. Adopt the Recomlnendations of the Nampa & Meridian Irrigation District as follows: 1.21 The easement of the Welch Drain shall be protected and all storm drainage shall be retained on site~ Adopt the Recommendations of the ACHD as follows: 1.22 The ACHD Commission shall not hear this project ul11ess the site plan is changed in such a manner as to require Commission review~ No new access points have been proposed and none are approved. 1.23 ACHD policy requires before any improvements of any land are constructed or installed within the public right-of-way, a permit or license agreement permitting the ilnprovelnents shall be obtained. 1.24 All future design plans and construction shall be in accordallce with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived in writing by the District~ Additionally, at the City Council meeting held on May 15,2001, Council requires the following: 1.25 That the project shall be moved 40' west of the submitted planned site.. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP~Ol-005) 17 ( ( 2~ The conditions shall be reviewable by the Council pursuant to Meridian City Code S 11-17 -9~ 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirelnents as a condition of approval of the application for a conditional use permit. 4~ That the City Attorney draft an Order Granting Conditional Use Permit in accordance with this DecisionJ which sllall be signed by the Mayor and City Clerl( and then a copy served by the Clerl< upon the applicant, the Planning and Zoning Department, the Public Worl<s Department 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 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~ By action of the City COUI1Cil at its regular meeting held on the day of ~~ ,2001. ~ ROLL CALL: COUNCILMAN RON ANDERSON VOTED ~ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-OI-005) 18 t"" " f: ... COUNCILMAN I<EITH BIRD VOTED ~ COUNCILWOMAN TAMMY deWEERD VOTED COUNCILWOMAN CHERIE McCANDLESS VOTED ~ MAYOR ROBERT D~ CORRIE (TIE BREAI<ER) VOTED DATED: 6- [J --0/ MOTION: APPRO\'ED: DISAPPROVED~ / Copy selVed upon Applicant, Plal111ing and Zoning Departlnent, Public Worl<s Department and the City Attorney. By. City Clerl( Dated: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-OJ-ODS) 19 (~. . \ .~. . j.r. (.:....... . BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 05/15/0 I IN THE MATTER OF THE ) REQUEST FOR CONDITIONAL ) USE PERMIT FOR A GASOLINE ) FACILITY CONSISTING OF A ) 3,612 SQUARE-FOOT CANOPY ) OVER 5 MULTI-PRODUCT ) DISPENSERS, CASHIER'S ) IGOSI(AND PARIGNG LOT ) IMPROVEMENTS IN A C-G ) ZONE FOR FRED MEYER ) STORES1 INC, LOCATED AT ) 1850 EAST FAIRVIEW ) AVENUEJ MERIDIAN, IDAHO ) ) DAICOTA COMPANY, INC. ) ) APPLICANT ) ) Case No. CUP-OI-005 ORDER GRANTING CONDITIONAL USE PERMIT 1. This matter coming before the City Council on the 15th day of May, 200 I, under the provisiol1S of Meridian City Code ~ 11-17-4 for final action on conditional use permit application al1d the Council having received and approving the ReCOlnmendation of the Planning and Zoning Commission the Council tal<es the following action: 2~ That the above named applicallt is granted a conditional tlSe perlnit for construction of a Fred Meyer Gasoline Facility consisting of a 3,612 sq. ft~ canopy ORDER CONDITIONAL USE PERMIT PLANNED DEVELOPMENT BY DAI(OTA COMPANY, INC., / CUP-OI-005 .. 1 (" . ( over 5 ffilllti-product dispensers, cashier's Idosl< and parldng lot ilnprovelnents in an C-G zone located at 1850 East Fairivew Avenue, Meridian, Idaho, subject to the following conditions of use and developlnent: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 2~1 Off-street parl<ing shall be provided in accordance with Section 11-13 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements~ 2..2 Paving and striping shall be in accordance with the standards set forth in Sections 11-13-4~D~ and 11-13-4~E4 of the City of Meridian Zoning and Developmellt Ordinance and in accordance with Americans with Disabilities Act (ADA) requirelnents. 2..3 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-13-4.C~ 2.4 All signage shall be in accordance with the standards set fortll in Section 11-14 of the City Zoning and Development Ordinance. 2..5 All construction and site improvements shall conform to the requirements of the .A1nericans with Disabilities Act. 2~6 Signage: A) Free-Standing: No l1ew free-stal1ding signs have been proposed under subject application, and 110ne are approved. B) Canopy: I tern A. on Sheet C2 calls out a uN ew 3' _on X 13 i -0" electronic reader board price sign", details for this sign are also detailed on sheet A3 as l1ulnber 10" Also proposed are "Fred MeyerU 1.0. canopy signs on the North and South elevations~ No canopy signs are proposed for the east or west elevations~ C) General Terms: All sigt1age is subject to design review and shall ORDER CONDITIONAL USE PERMIT PLANNED DEVELOPMENT BY DAI(OTA COMPANY, INC., / CUP~Ol-005 -2 i:~.. .. { F,.~: (00 :... require separate permits. Portable or temporary signs shall be specifically prohibited. Parl<ing: A) Minimtlffi Required Parl<.ing: The existing parldng lot has 913 parldng spaces according to sheet C I, al1d the proposed facility shall reduce the nUlnber of parlcing spaces by 40, leaving 873 parl<ing stalls on site. The Fred Meyer retail store is 172,163 square feet in size, requirillg 861 parl<ing spaces per City Ordinance requiring I parl<ing stall per 200 square feet of gross retail area~ The number of parldng stalls indicated on the site plan (873) exceeds the City's lninimurn parldng requirements (861). Dimensions of all parldng stalls and drive aisles on proposed Site Plan conform to the minimum dimellsions required by code~ 2 . 7 The Applicant is proposing a re-design of five (5) existing angled parlting rows between the McDonald's drive entrance and the eastern parl<.ing lot entrance. The redesigned parldng lot meets the minimum parldng design and dimension standards as listed in Meridian City Code 11-13-4.F. 2~8 Landscaping: The Preliluinary Landscape Plan, Sheet PLI, proposes to remove 2 of the existing landscape islands located in the middle the existing parl<ing rows within the project area. However, the re-design of the parl<ing and landscaping rows incorporates new end islands and one new mid~row planter. The changes shall result in the addition of 17 trees and numerous shrubs in the project area of the parl<ing lot~ All new trees shall be a Inil1imum of two-inch (2") caliper7 per City Ordinance 12~ 13-7 -4, not the 1.5" caliper shown on Sheet PL1. Meridian City Code 12-13-7 prohibits the use of the red maples (Acer Rubrum) as a landscaping tree within a parlcing lot. The applicant shall find another variety of tree to replace the proposed red maples prior to the approval of the Certificate of Zoning Compliance (CZC). 2.9 Irrigation: AIl undergroulld, pressurized irrigation systeln shall be installed to all landscaped areas. Performance specifications shall be required prior to approval of the CZC~ ORDER CONDITIONAL USE PERMIT PLANNED DEVELOPMENT BY DAI(OTA COMPANY, INC., / CUP~OI~005 -3 ~"".":" ."" ( ( 2~lO Lighting: The canopy lighting shall be down shielded or shrouded so as to shield the traffic on Fairview Avenue from direct light or additional glare on the roadway. 2.11 Drainage: A proposed site drainage plan shall be approved by the City Public W orl(5 Departrnel1t prior to construction~ 2.12 Trash: No new outdoor trash areas are proposed on Sheet C 1. If the Applicant intends to have any new trash enclosures other than standard cans, they shall be screened from view and not be visible by the public or from adjacent properties. 2~ 13 Hours of operation: the hours of operation shall be from 7 :00 a~m. to II :00 p.m. 2.14 Certificate of Occupancy: All required improvements shall be complete prior to obtaining a Certificate of Occupancy for the fuelldosl( and facility~ A Temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a Letter of Credit or cash in the amount of 110% of the cost of the required improvements (illcluding paving, striping, landscaping, and irrigation). A bid shall accompany any request for Temporary Occupancy. Any Temporary Occupancy shall not exceed 60 days to complete the required improvements. 2.15 Sanitary sewer and water service to this site shall be provided via existing lines adjacent to the site. 2.16 In accordance with City Ordinance 11-13~4.B.2., 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. Applicant shall be required to utilize any existing surface or well water for the primary source. If City water is proposed as a secondary source, developer shall be responsible to pay water assessments for the landscaped areas. Adopt the Recommendations of the Meridian Fire Department as follows: 2.17 Applicants sllall satisfy all fire code requirements including those pertaining to water supply and fire hydrants to the satisfaction of all departments. ORDER CONDITIONAL USE PERMIT PLANNED DEVELOPMENT BY DMCOTA COMPANY, INC., / CUP-OI-005 -4 (.~."" . ( ". ( Adopt the Recommendations of the Central District Health Dept as follows: 2~ 18 Run-off is not to create a mosquito breeding problem~ 2.19 Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent ilnpact to groundwater and surface water quality. 2.20 TIle Engineers and architects involved with the design of the subject project shall obtain current best 111anagement practices for stormwater disposal and design a storrnwater Inal1agement system that prevents groundwater and surface water degradation. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: 2.21 The easement of the Welch Drain shall be protected and all storm drainage shall be retained on site. Adopt the Recommendations of the ACHD as follows: 2.22 The ACHD Commission shall not hear this project unless the site plan is changed in such a manner as to require Commission review. No new access points have been proposed and none are approved. 2.23 ACHD policy requires before any improvelnents of any l<ind are constructed or installed within the public right-of-way, a perlnit or license agreement perlnitting the ilnprovements shall be obtained. 2.24All future design plans and construction shall be in accordance with the Ada County Highway District Policy Mantlal, ISPWC Standards and approved supplements, Constructiol1 Services procedures and all applicable ACHD Ordinances unless specifically waived in writing by the District.. Additionally, at the City COUI1Cil meeting held on May 15,2001, Council requires the following: ORDER CONDITIONAL USE PERMIT PLANNED DEVELOPMENT BY DAI(OTA COMPANY, INC., / CUP-OI-005 -5 (~<. . ..': .. .}" ( 2.25 That the project shall be moved 401 west of the submitted planned site. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. Notice to Permit Holder] this conditional use permit is not transferable without complying with the provisions of Meridian City Code ~ 11-17-8, a copy of which is attached to this permit. By action of the City Council at its regular meeting held on the !;-r~ day of d{,~ , 200 I. JA .~r~-A Y <!pert D. Corrie, Mayor City of Meridial1 Copy served upon Applicant, the Planning and Zoning Department, Public W orl<s Department and City Attorney. ~ ~ ~ ~ Dated: 6~~tJ( z:\ W ork\M\Meridian\Meridian 15360M\Fred Meyer CUPD !-QOS\OrderCUPO 1-005 .doc ORDER CONDITIONAL USE PERMIT PLANNED DEVELOPMENT BY DAI(OTA COMPANY, INC., I CUP-OI-005 - 6 Prelimin P I,<n:u:._ t ( ADA COUNTY DEVELOPNIENT SERVICES, 650 Main Street, Boise, Idaho 83702 J1 w\.VVI.adaweb"net J (208) 364-2277 SUBl\1ITT ALS: 1. (8J Detailed letter by the applicant 2& f&J Metes and bounds legal description of the property to be subdivided. 3. ~ Parcel mnp. Available from the Assessor's office on the 4zh floor of the County building. 4. [2g Neighborhood meeting certification. 5. lZJ Pre-application conference notes.. 6. ~ Warranty deed or evidence ofproprietary interest. 7. ~ Preliminary plat. (T\.vQ copies) 8. [gJ :'iatural features analysis. (Two copies) 9. I&J Subdivision name approval from the County Engineer. 10. JXI Restrictive covenants, ifproposed. 11& 0 Open space management plan. (Required for non..fann subdivisions.) 12. 0 Concurrent applications, as applicable. 13. 0 Proper fee.. (Cash, cashier's check or money order.) o ~Iultiple copies.. Once staff notifies you that application is complete, you must submit 25 additional packages containing: o _4..pplication form 0 Application letter 0 Preliminary plat (folded to fit in a gttx 12lTenvelope) GENER~ Ii'fFOR.l\1..~ nON: ReseI"\~ed subdivision name: Westborough Subdivi si on Total number of dwellings: 71 Dwelling units per acre: Net 2. 7.. Gross 2. 5 ....\re you requesting zero lot line setbacks? No \Vater provider: f:ity nf Mpr; Iii rln Ifyes~ on \vhat lots? Se\vage disposal: Pri V;lf:P C:;;pwpr ni <<;tri rt Lor Types Res idential Commercial Industrial Common (landscape, utility, or other) Open space Other Well Total STA~l)..A.RD StTBDIVISIONS Number of Lots ...J. cres o o 1 1 78 NO N.. F..A.R. vI SUB D rv"ISIONS 2 .16'.' .22 28.37 La ( T..vpes JVulnber of Lots Acres 9,.) Acres Rural residence Common Open space (75% min.) TOTAL 100 --- OFFICE CSE ONL Y - File No~: D i ... {) Co .. So Rccei ved By: ~jJ Dote: ::, -ZC; Log; v ..- X - R~t".: r-. j - C~- - z.. c.. History Map: V" StJrnped: FeelGrS~ - l OJ t ::voo 1:\2000 Z"ning Ordinilnce\Applic:ltions\PreIimin:lI'Y ?taLdoc IJrel1nnn l~ ~.,;a.t ("~'..'. Page 2 SITE INFORl\1ATION: Location: Quaner: NE Section: 30 Subdivision Name: WestborouQh Subdi vi si on Site i\.ddress: 1325 E.. Ch i nden Tax Parcel Number(s): 50530110450 Township: 4N Range: IE Total Acres: 28.37 Lot: Block: Area of City Impact: Me ri d i an O\VNER: Name: McGrath Fami ly Trust Address: City: Telephone: l ~~ "2-0 Zoning: RUT State: F iL'C: Zip: APPLI C..~'lT: Name: Jim Jewett Address: 6223 N _ Di scovery Way City: So; se State: Id Telephone: 866-5747 Fa.:'c Zip:83117 ' I consent to this application and allow Development Services staff I certify this infonnario is correct to the best of my knowledge. to enter the property for site inspections related to this app licatioD4 Date (r..'..: Zoning Ordinance Map ;" en dtri ent ADA COUN1YDEVELOPrvtENTSERVlCES.t 650 Main Street, Boise, Idaho 83702 \VWW.adaweb.net I (208) 364-2277 SUBl\fiTrALS: 1. [2g Detailed letter by the applicant. Describe the need for the rezone and your plans to develop the site if the rez<:ne is approved 2. 5ll Metes and bounds legal description of the property to be rezoned. 3. ll;J Parcel map. Available from the Assessor's office on the 4th floor ofllie County building. 4" ~ Neighborhood meeting certification. s. fz;1 Pre-application conference notes. 6. I&J Warranty deed. 7. 0 Proper fee. (C~ cashierls check ormoney order.) 8" o !vI uItiple copies. Y au must submit 25 additional packages containing one each of the following documents: o Application form 0 Application letter 0 Parcel map (reduced to 8 ~ x 11 If if necessary) GENERAL INFORMATION: Existing Zoning: RUT Proposed Zoning: R -4 T ota! acreage to be rezoned: 28 .. 37 SITE INFORMATION: Location: Quarter: NE Section: 30 Township: 4N Subdivision Name: Wes tborouqh Subd i vis i on Site Address: 11'11 J:' Chi "riP" Rna rI Tax ParceINumber(s): 50530110450 Range: IE Lot Area of City Impact: Total Acres: Block: Meridian 28,37 Zoning: RUT OWNER: Name: MrGrnth Family TrtJ~t Address: City: Telephone: State: Fax: Zip: APPLICANT: Name: Jim Jewett Address: 6223 N. Discovery Way City: So; se State:~ Zip: 83713 Telephone: 866-5747 Fax: I consent to this application and allow Development Services staff to enter the property for site inspections related to this application. is correct to the best of my knowledge. ~ C- . iI:_ ..""'" "f/I'"" Signature: (Owner) 3,21-0 Date File No.: 0 I .- (": S - z: I X-Rei: C: J -C: Cc, ." 6120100 Received By: :7 J.. History Map: r.,'" OFFICE USE ONLY Date: ?, - a Log: V Stamped: Fee/GIS: Z:_anns\2000 Zoning Ordinance\AppJicatiom\Zoning Map .Ame:ndmenldoc (. One-time DiVision c:..... . ADA COUN1Y DE'VELOPiv!ENTSERVICF5, 650 MainStreet.f Boise, Idaho 83702 \'.lWVI.adaweb.net J (208) 364-2277 SUB~nTfALS: 1. 0 Detailed letter by applicant. Describe the proposed property division. 2.. 0 Site plan showing the proposed division, structures, and all property lines. This must be legible and drawn to scate. 3. 0 Parcel ma p. Available from the As5essor~ s office on the 4th floor of the County building. 4. 0 Concurrent applications, as applicable. 5. 0 '\Varranty deed or evidence of proprietaIy interest. 6. 0 Proper fee.. GENER~L INFORMATION: Size ofproposed parcel #1 in acres or square feet: Size of proposed parcel #2 in acres or square feet: Has the subject propeny been divided or changed configuration since January 1, 1985? If yes, please explain: Nn 28.29 Acres 10~60 Acres SITE INFORrvfATION: Location: Quarter: N F Section: 3n Subdivision Name: Westborough Site Address: 1325 E _ Chi nden Tax. Parcel Number(s): 50530110450 Township: 4N Range: 1 F + Lot: Area of City Impact Total Acres: ag ~ 8~ Bloclc: Mp.ricfi,," Zoning: RUT OWNER: Name: tlim ,]pwptt Address: 6223 N. Discov~ry Way City: Boi se State: --IsL Zip: 83713 Telephone: 866-57 47 Fax: APPLICANT: Name: ..J i m J ew~tt Address: 6??3 N _ ni ~~nvpry Way City: Bo; se State: ~ Zip: 83713 Telephone: 866-5747 Fax: I consent to this application and allow Development Services staff I certify this infonnauon is correct the best of my knowledge. to enter the property for site in~ ;Pons related to this application. D~ D~ - OFFICE USE ONL Y I --.-...-..-. File No.: or - [Ii! - c .rD Received By: Ie Da te: /I Iff' 1"7 Log: "v' ...- X-Ref:: HistoIY Map: Stamped: F ce'Grs: .....,-..- 6/19/00 Z:\SharedEngr\PZFonns\2000 Zoning Ordinance\Applications\One-timc Division..doc .t"~~." .. (, ( HUBBLE ENGINE"ERING, INC. 701 S. Allen St~ Suite 102 . Meridianr 10 83642 208/322-8992 . Fax 208/378-0329 Mr~ JeffPatlovich, Director Ada County Development Services 650 Main Street Boise, Idaho 83 702 RE: Westborough Subdivision One Time Division - Letter of Intent Dear Jeff; As representative for Jim Jewett, please accept this application for a One-Time Division of a parcel of land located on the southwest comer of Locust Grove Road and Chinden Road in Meridian, Idaho, Section 30, Township 4 North, Range 1 East of the Boise- Meridian. The current parcel number for the property is S0530110450. It is the intent of the property owners to utilize the parcels one-time division allowance to create tvvo parcels. The parcel that will be created to the west (parcel #1) would contain 28.29 acres and will be part of application for Westborough Subdivision. The parcel that will be created directly on the southwest corner of Chinden and Locust Grove (parcel #2) would contain 1 0..60 acres. Both new parcels created will meet the current Ada County requirements for minimum lot size and street frontage. Please refer to the accompanying site plans for specific boundary descriptions.. For your convenience, I have also provided copies of legal descriptions that callout each new parcel. Upon staff approval of this request, a record of survey will be recorded.. Thank you for your consideration. If you have any questions, please do not hesitate to contact me at 322-8992. Sincerely, ~ Shawn L. Nickel, Director of Planning Representing Jim Jewett (~.<., . (:~~.,.. ~""'....: ... . . o m) o ~ N Q) <n l'- o ~ I I ~ I III \ I I I , I J I \ J I · - f i II 10 ,...... N .., N N as N ~ C :n 3J\O~ lSn:lOl a a to o to 01 co cc OJ a: ~ C1 ,.,.., ,., N OJ N l(] o fA U1 N co ..,. o ,., to o CI1 ..... N .., aJ o aJ a:: 0 0 0 111 01 0 ~ ~ ...- 0 (5 ,., ,.,., Lr1 .." 0 0 lJJ Vl .0 It) ....,. 0 ..... 0 ..., It1 0 en o o = ~ C'-f .., CD o CD Q:: o o N ~ N .." o:J C 'D Q: rn r-... CD ~ avocj OH:}I~3r 0 I 0 t%) I' , C\I J 0 ... tn C') ; 0 ", u:i 0 0 ;;; c.c 0 0 m ~ ~ tD 0 en 0 0 0 C'I N ,-, N J 0 .n 0 f 0 0 ~ ,., (fJ ~ U1 ct1 L(J 0 0 :.: 0 (fJ V1 U1 /~~... .- t.,:,: . Conditional Use (~. ,. . ~~.~ ADA COUNTY DEVELOPlvrENT SERVICES, 650 Main Street, Boise, Idaho 83702 www.adaweb.netl(208) 364-2277 SUBMITTALS: 1. 0 Detailed letter by the applicant Explain how the project was designed 2. 0 lYlaster Site Plan (MSP) application. Unless specifically exempt under Section 8~E-2B. 3 · 0 Pia t pIa n if MSP not required. A full size. scaled dra \ving of the propeny boundary showing existing and proposed structures. 4. p.J~ Supplemental information, as applicable. See checklist. 5. 0 Parcel map. Available from the Assessorl's office on the 4th floor of the County building. 6. 0 Neighborhood meeting certification.. Neighborhood meeting required prior to submittal. 7. 0 \V arran ty deed or evidence of proprietary in terest 8. 0 Proper fee.. Any amount over $400 must be cash, cashierfs check or money order. 9. 0 Multiple copies.. Once your application is accepted) staff\vill contact you and request additional copies of the MSP and packages containing one each of the following: o Application form 0 Application letter 0 Plot plan reduced to 8 Y'2n x 11 u. GENER4..L INFOR.l\1..4..TION: (answer as applicable) · Proposed use(s): ~TgVJ~ "l1'2€A...,....~E:JJT ~ury Total square feet of all proposed structures: 400 cp Hours of operation: COtvTf !JuA.L,..... Days of operation: COMTIIJ" A l- Proposed number of parking spaces: 4> Number of employees during largest shift: Maximum number of patrons expected: fJb.. Will there be an outdoor speaker system? }JO Sewage disposal:(!l1uruclPal sewef)/ individual septic Water: municipal supply '.emununity w~/ individual well SITE INFOR1\1ATION: Location: Quarter: Section: -ao Township: 4tJ Range: is. T otaI Acres: 4c Subdivision Name: Nf'-r Lot JJ,. Block: IJ ~ Site Address: J'?J~ E.~ CkJ/UD&N (buJ D .. Area of City Impact: HS~DIA-fJ Tax Parcel Number(s): SO?"?O II 0 4-50 Zoning: RUt OWNER: Name: Wr ~~D Me. 6 fLATEt Address: { 00 G1 '5 W ~ IU>.4---N M~p 0 vJ $ City: ~o { 5 E- State: ~ Zip: 8 -; 70'1 Telephone: Fax; APPLICANT: Name: ~ kJJ~ J GuJ In- Address: &1,.&-;' /J.. OJ~CLJ Vrc{2-'f vJp..'f City: Z,OL~e:- State: ---Y2- Zip: ~371 ~ Telephone: EtoG?- 514 { Fax: ~Z~ -+14-? I Consent to this application and allow Development Services staff to enter the property fi site inspections related to this application. I certify this information. correct to the best of my knowledge. J . 1Y7--CJ7 Date CU #: (; r - I cl - C f.......: MSP #= 11/6100 Received By: History Map: OFFICE USE ONLY /{ C-- Date; ~ lr rl 01 :;. Sbmped: Log: .~ Fee: c:\ WINDOWS\TEMP\CanditionaJ Use~doc c........ Master Site Plan (:uv.::.... . ADA COUNTY DEVELOPNlENr SERVICES, 650 ~1ain Streetr Boise, Idaho 83702 YV\V'W'~adaweb.net J (208) 364-2277 SUBMITTALS: I .. 0 Detailed letter by the applicant Describe the proposed development. 2.. 0 Parcel map. Available from the Assessorts office on the 4th floor of the County building. 3.. 0 Detailed site plan, including elevations and floor plans, ifstructures are proposed. This must be legible and drawn to scale. 4.. 0 Natural features analysis. 5. 0 Landscape and screening plan. 6& 0 Parking plan. 7 · 0 Lighting plan.. 8. 0 Sign Plan.. 9. 0 Concurrent applications, as applicable. 1 o. 0 Supplemental information, as applicable" (See checklist.) 11. 0 Warranty deed or evidence of proprietary interest 12. 0 Proper fee.. (Any amouot over $400 must be cash, casbieris check or money order.) 13. 0 Multiple copies.. You must submit 20 additional packages containing one each of the fOllowing documents: o Application form 0 Application letter 0 Site plan (reduced to 8 Y2 x 11 n if necessary) GENERAL INFORMATION: Proposed use(s): WP6fB<<1~ nz..cJ.cTItI fiNT P/SrClu ry Total square feet of all proposed structures: Hours of operation: GI.JTI }Ju)cL:- Days ofoperation: COIJrI N V A L..- Proposed number of parking spaces: d Number of employees during largest shift: Maximum number of patrons expected: 1J~ Will there be an outdoor speaker system? 4:00 ~ .. NO SITE INFORMATION: Location: Quarter: Section: "?O Township: ~N RIDge: IS Total Acres: 40 Subdivision Name: JJ;.r Lot: NJ-r Block: 1J ~ Site Address: ( Q-Z-~ ~. C# J 1J17~ rb l.,\J D · Area of City Impact M GJ2-l D (~AJ Tax Parcel Number(s): 50530 /104-50 Zoning: R-uT OWNER: APPLICANT: Name: lJJ lLLp<<.D M c.. G f?A Tt+ Name: <- fA 1111 ~G f;. r fW ill Address: IDO(o5 vJ. RoAfJ M ~~Dl)W.s Address: (j;llL'b N. O/~ tI(7f?-Y WAY ~ svrre. rOD City: e,Ott?E. State:~ Zip: 6::,10j City: BO(~€- State=~ Zip: 8?11? Telephone: Fax: Telephone: e, (iJ C, - 57 4-7 Fax: ~ ~ _ 4- I +~ I consent to this app Heati n and allow Development Services staff I certify this infonnatio A correct to the best of my knowledge. to enter the property for ite inspections related to this application. +"/7- I Date Received B y= History Map: Log: S tamped; Fee; Z:\SharedEngr\PZFo.cms\2000 Zoning Ordinance\AppHcations\Jy{asrer Site Pl3Il..doc . eo. ~ CONSULTING ENGINEERS AND SURVEYORS 5505 W. Franklin Road Beisel Idaho 83705...1055 Telephone.. (208) 343-3381 . Fax (208) 342..5792 April 16, 2001 lVrr. Jeffrey Patlovich, AI CP Ada County Development Services Department 650 Main Street Second Floor Boise, ill 83 702 RE: Westborough Subdivision and Valley Life Church Wastewater Treatment Facility Conditional Use Application Dear Jeff Patlovich: Please accept our conditional use application for a wastewater treatment facility to serve the Westborough Subdivision and the Valley Life Church~ This letter reviews the site characteristics and proposed development, the project overview, and the master site plan standards. Site Characteristics and Proposed Development Tbis project is located on the southwest corner of Locust Grove Road and Chinden Road in the northeast quarter of Section 30, Township 4 North, Range 1 East Boise Meridian, Ada County, Idaho. It is comprised of approximately 40 acres of agricultural land and is currently located in the unincorporated county. A lO.6-acre portion of the site will be divided from the property using the one-time division exception to the subdivision ordinance. This property will be developed as the Valley Life Church. The remainder of the property will be developed as 69 residenriallots that range from 8,000 to 16,000 square feet in area. . The property is currently zoned Rural-Urban Transitional (RU1).. The surrounding properties are primarily zoned RUT as well. There are two one-acre lot subdivisions to the north and east that are zoned R-l. The site is relatively flat and there are few constraints to development. There is a drain " ditch passing through the church property. Project Overview The collection and treatment fa.cility will be located as shown on Lot 1, Block 3 of the proposed preliminary plat. The remainder of the lot will be landscaped and used as temporary open space for the subdivision. The storage pond for the wastewater facility '\vill be located on the church property and on Lot 1 and Lot 31 of Block 6.. Once the subdivision connects to the City of Meridian se~vage treatment facility, the mechanical building will be removed and the lot will be developed as a single- family residence. Likewise, the pond will be removed from Lot 1 and Lot 31 of Block 6, and these lots will be developed as single-family residences. During the irrigation season, the homeowners will re-llse the stored water through a separate pressurized irrigation system~ 1 (..~~..<.. ... {;.~ .~. . .. \... . The \vastewater collection and treatment facility will consist of three components: The storage pond, the mechanical building, and the wastewater treatment system. S forage Pond The pond will be approximately l-acre in area, although the exact size of the pond is yet to be determined~ The pond will either be fenced or constructed with gradual slopes of 4:1 at the edges until the water depth is approximately 3 feet (about 6 linear feet). Then the slopes will increase to 2:1 to a working depth of approximately 18 feet. lvlechanicai Building There will be a small mechanical! control building to house the control panels, coagulatipn, filtration, and UV units. This building will be about 20 feet wide by 20 feet long and approximately 12 feet tall We will provide electrical service, potable water service, sewer service, and phone service to the control building. The building will have a stucco exterior with architectural shingles on the roof. There will be one low-wattage, outdoor light with a full cut-off shield at the entrance to the building. Wastewater Treatment System The applicant has contacted Quality Water Systems to design and install the wastewater treatment plant. The required footprint for the complete wastewater treatment system, including the mechanical building, is 85 feet by 1 00 fee~ The wastewater treannent plant will produce effluent that is at all times oxidized, coagulated, filtered, and disinfected. The treatment unit processes are as follows: · Primary and Secondary Treatment Coagulation · Filtration Ultra Violet Disinfection · Discharge to Pond Primary and Secondary Treatment. The Sequencing Batch Reactor units are buried vaults where primary and secondary treatment of sewage occurs. The SBR will be installed immediately adjacent to the mechanical control building" The system is a miniature treatment plant (similar to those in large municipal systems) that is scaled to fit inside a small multi-chamber fiberglass tank The wastewater stream is sequentially passed through a series of computer-controlled batch processes to breakdown the solids, remove impurities + and ready the effluent for discharge.. Coagulation. During this step the SBR effluent is injected with a srruill. amount of coagulant, in this & case aluminum sulfate or alum. This causes particles to flock together in preparation for the filter. Filtration. A dynamic bed sand filter system treats the coagulated effluent. The filtration process further reduces the levels of impurities in the water. · Ultra Violet Disinfections. A turbidity meter then monitors the liquid leaving the filter, and, if the liquid meets a high standard of clarity, it is then directed through an ultraviolet (UV) unit. The UV units provide pathogen kills and now the liquid meets the standard of the Clean Water Act for drinking water. Discharge to Pond. The effluent will then be pumped to the holding pond for storage and/or irrigation. The existing drain ditch will be tiled and routed around the pond. Water will be allowed to outflow into the existing drain at pre-development flow rates. Because the pond will be unlined, some of the water will also infiltrate through the surrounding soil. 2 (.. ('.... . Master Site Plan Standards Location oj Strndures on the Site None of the standards apply to this project~ Non~vehictilar Access and Internal Circulation None of the standards apply to this project. Automobile Access and Internal Circulation A representative from Quality Water Systems will inspect the facility approximately every other day. The maintenance takes approximately half hour~ Access will be from Chandler Street. Screening The wastewater facility lot serves the dual functions of wastewater treatment and a landscaping entrance for the proposed subdivision. The only visible structural element will be the maintenance building. The applicant proposes to construct a stucco building with architectural shingles. The applicant has not yet contracted for a landscape plan for the common areas.. At a minimum, however, the applicant will plant a tree on each elevation to screen the building. Drainage The natural drainage area is toward the northwest area of the subject property_ WaterSupp!y and Sewage Disposal The mechanical building will be supplied with potable water and sewage disposal services. Fillin!J Excavation) and Earth Moving The ponds will be excavated. The hydrostatic pressure of the water in the pond will keep the soil in pIace~ Historic Features There are no historic structures on the project site. Sensitive Plant and Animal Species The project site has been under cultivation for a number of years.. There are no sensitive plant or animal species. · .. Irrigation The wastewater pond will store water for a pressurized irrigation system for the subdivision. U tiliticJ All utilities to the site will be placed underground. Maintenance Quality Water Systems will maintain the treatment facility.. The general maintenance routine is to monitor the facility approximately three times a week During the routine maintenance, the certified operator will take pH and ~lk~linity readings, check the coagulant supply and check that the pumps are still running properly. 3 ( (" Once a week, the operator will measure how the sludge is settling and the amount of suspended solids in the sludge~ The operator will pull fecal samples about once a month~ Other maintenance is done as needed. The maintenance building is also fitted with telemetry to signal the certified operator if emergency maintenance is needed On the facility. I believe this addresses the issues related to the conditional use and master site plan application. Please free to call me at 343-3381 if you have additional questions or concerns. /.-, O. ely, Joseph D~ Canning, PEl Vice- President B. & A.. Engineers, Inc. JDC/ abp r 4 ( I~ ~ I ... ~ I I H ! a i i If to-~l: I~ wll "II 1;." ~~ :s I $S~: j; il! ! ~ e D! I III! j i! III~J I ! II i i i I i :1 ill rl : y -... ES = ~ ; Ii ~:: '11 I 12;, i 1 ~ ;3 J ; Iii ~:!I il; II J ;~ i ; J il S ; ,. ! 'wI....! i · II I ill i 5 ~ .t I ! ~ -, "-:'13 !!~ I; .. =d. i ~ i ~7 ! ill' I:i..i II; it i a II I' I ~ ~i~c~!!;;;; :; I~}I~: Ii! =! ~ ~II: ~ ~ !f~ ~1!!1 i...~5 I '- · Q. :11 1l~ ~ i I .:Is 11ll~ID IS J. 8 ,I ':! =1 ~ .. S:~.. I gri -.~3 I ..5 a i I .1; I 9= ~ J! ~ 58! i:i!i ::a ! I- · Ii ;111 I! ~ ~ ~ ~ II J II ~i !I~ !~I!; a=i !:I ~ !II;~ ~ :; l! 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I ....-11 ~.". r U... r\ ...c..........~.. c::a.- ~. = ~;l.1IO , ....;. iC :... ~ U>> ~ :'JI (.. t.... .. -----........, SITE MAP I r f--I I I t:~;;:{:;l::~::;:?;.;::'~:::;.:l::~;.:::!:~:~ f.:.~. ;"::'~:~.~ ~ I 1.:i:~:~::lr.F ~g:&~:I}~:!.~+1~t:~:~t~;~ ( C, .~ I j ~ ~;Ii~ I.' ..... .", )L... .J:,..... ,. ....h.. t ;.::::..: ,.;: ;-;.. F~:~ ~ ~l~:i:~~!~}t~J~}~: ~:t:;:: )~:(h~;;};~;:~ ~~: :~:~~m: ;::?~;;: ~:~~ ~ RUT------ ~ =c n RUT I fR UT L-J u= ....trD2f.; >~.;;;~~-;)J T J r-.... ~ ~ ~~~~~::::::::.' , - }; r1 , l_ ~ _" ~Ji~':" 1-:' - 'J~ I .:;: ~ ~~~~; :: ~I~ r-- :: :: t:f~H: 1 RIJT t7~ i~ I BOI'SECIT~L;MJTS ~II~ LI ffl 1 ~~~~~ r\U I n L~f'h \ ~._ .~.. ~~ Ww ~.~. ,.~ .~ Rt~T ~(t ~urr ~~1 :.:.t~~~J.~ 1\ , ~.. . _ >~. .~.. I ~L: :;. :t. : . - ., J. ~.~ :. . -:1 ~.. ~ 4N 11 EH~..1Wg:;~ ~t f ~~1~ ~4 } .~.. . ~~ :~ y :',.~~~~ .:!iI!.i.~.r::;. ~. ;::;..:.. ;:.~ .:.. ; ~;I RUT rhinrlQ.n RUT ~ CJJ oJ J:: ~ ~~ a.1~ I ~ R Ul!J \ RUT RUT f! q <! 4N1~30 "t f". I I I ~ ~ RUT " \, '<? J I jt F~UT ; ~ ~~ ...... .....-..' ~ ~ t-- I--- C ~'-[Sj -____ _, - -~J rf ~as ~ 11~*l~~ 1:1, ,-.J:LL C~ J.~2'''T I f I Ii i In\ I I \U IU \1 \1 LEGEND RR Zoning m Incorporated Areas /.-.... 'L I Water I .~ 1 I \_J j ~ 0 soo 1000 1 :s.c.a 200:a F ..t Ada County Development Services 650 Main Street Boise, Idaho 80702 208-364- 2277 N ~ W~ ~ This map [s made from data copynghted by Ada County. Ada County sha n not be fia b~ ~ to r i naccuraci es 0 r misuse of tntS map. Maps bearing this dlscf;tmer may be photocopied freely. However_ use tn any digital form requires the written permtsston or A~3 County s (". RECEIVED Land Consultants Inc. .JUN 052001 222 E~ State Street 0 Suite B 0 Eagle Idaho 83616 0 Office 208~938.3812 D Fax 208.939.7321 CITY OF l1ERlDlAl'i June 05,2001 Honorable Mayor and City Council City of Meridian 200 E. Carlton, Suite 20 1 Meridian, Idaho 83642 Dear Mayor and Council; It came to our attention late this afternoon, that the City Council will be acting on the reconnnendation to Ada County for Westborough Subdivision, located on the southwest comer of Chinden Blvd. and Locust Grove Road. As representative for Mr. Jim Jewett, applicant of Westborough, we hereby request to be heard at tonight's meeting regarding this application. The applicant believes that many of the issues that may concern the City can be addressed this evening prior to a recommendation being forwarded to the County. Further, we hereby request that any and all correspondences from the City regarding this proposed subdivision be fOlWarded to the applicant as soon as they become available. We look fOlWard to discussing this project with you. Sincerely, ~. Land Consultants, Inc. Shawn L. Nickel cc: Shari Stiles, Meridian Planning and Zoning JeffPatlovich, Ada County Development Services Hubble Engineering (~.~:~'.'.:.:,:. : : (-~~,., Engineers, Inc. Meridian City Council Attn: Will B.erg 3 3 E~ IdallO. street Meridia11,ID 83642.)...: RECEIVED . .MAY 2 4 2001 CITY OF ME.RIDIAN r.E DI~006 :.May 22, ~OOl:.. . Re: Blackstone and Coral Creek Subdivisions (formerly ~nglish Gardens Subdivision) Time Extension for Final Plat Dear Council: .. .: .. . . . On be.half of. Projects West (Palll Edminster) we are requesting a one year time extension for ~lackstone and Coral Creek, Subdivisions (formerly.. .known as English Gardens S.ubdivision). consisting of 102 total buildable lQts.~ Blackstone COl1Sists of 54 buildable lots on. 17~52 acres an9. Coral ~r~el( consists of 48 bllildable lo~s on 14~42 acres,. TIle subdivisions are loc~ted near the :. ... ...soutlleast comer of Cherry Lane and Black Cat Road, Meridian, Idaho. . . . The.. City Council approved the fi.I?aI plat (Order and Findings of Fact/Conclusions of L.~w) fo~ . English. Gardens Subdivision (now Blackstone and Coral Creek) on June 06, 2000~ The project llas .. been delayed due to extensive regu.lato~ review and approval con~~rning the Ten-Mile Drainage .. str~et crossing~.:Ten~Mile prain (which bisects the overall project) was a right-of~way owned b~ the United States. (Bureau of Reclamation). Due to.....this fact, tIle subdivision had t,o be split into two. ... different subdivisions. Additionally, the Ten-Mile Drain crossing required.. approvals from the Army Corps of Engineers, tIle U.S. B.~reall of Reclamation, IdEili..o Del)art~ent ofWa~er Resollfces, : and...othel~ regulatory agencies.. f .. . :, ' . . Dlle. to. the lengthy regulatory review. of. the Ten-Mile Drain. crossing, we proceed~d with. construction of Blackstone Su.bdivision (the northern. portion :of the overall development) which doesn't .inclu.de the Ten Mile crossing. . We. expect the final plat for. Blackstone Subdivision to be recorded. within the .next two rno.;nths. Currently the plat i~ being reviewed by the Meridiem.. City Engineer after which the Ada C.ounty Surveyor must review and approve the plat before recording;. . Coral Creek .Subdivision is.. in the process of having construction drawings approved~ To reiterate, .: this sub.division has been delayed ..due to the regul,atory approvals r~lated to the Ten-Mile Drail1. street crossing. For example, authori~atiol1 for the Ten-Mile Draill street cr"ossing wasn't received. . . Until February 1, .2001 from the U.S.. .Bureau ofReclamation~. . . . 12552 W. EXECUTIVE DRIVE) SUITE B · BOISE, IDAHO 83713 · (208) 887~7760 · FAX (208) 887-7781 C0063 17 -tinal Plat time extenSion Itr 05220 I.doc, . . (~...- .:. :... .." , (" " .. . . . . . ... ... . .. .. ... .. . . : : . . . Once. again; ;"we are "requestirig. a one .y~ar"""time ;extension..(to: June 06, 20.02) "for: B lac.k stone. and." ..Co~arCreek Subdivisions.:" If you have .3l!y:"qu.estions or cqnyne.:Qt~ regarding:" this "matter, please calL me at (208) 887-7760 or" via ~mail at,clintb@pinnacle-engmeers.co.m. Sincerely; .. .. Clintop. ~oy Ie .: Land U s.e Plariner cc: File#C006317.. .:. "" Shari:Stiles, Meridian Plarining.Dept." : Paul Edminister, Projects West C0063 17 final Plat time extenSion Itr 05220I.doc . . 31J\fNNId -, 'VC:J 0 0 ~~ ~~ Gtu.."n (IIIN) run IL'M ....... ... ~ ... JIll ....MIII] .. .tI1in .. 0 uI .. S..I a Q/Ul2fu: 3: ..... -L.~::a ~ --'.~. .. ~ ----0 ~ ~ ....l.- ~ ::3 ~ <::::> ~ -=I 1 . : .. .. .: -----n ~ ~ 0 ---===II \:~......... .. >i33C::1:::J ~ · ;A ~fto : ~~5~ t --; 9; · :J~~ I . - I IQI ~ : t ----f f ~ I Wjl I ~ : --J I ~ t r ~J I ~ : : --J I .. 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Date /k,<- cf ('''~..:4- 20 CJ I Name )fv;t a-eft . A ~ ft-e-:""--.: Address I ~7'72- We (?~eUvhvL~, ~h-g ~,1-c I 8:57,:3 gt87-77rGo OIL 'II. .. : '1 ~ . 1:'. : ~ ... ~: ~ ... :- _ rI' I IIJI . L t ..~ ... ~. ~ ~ . ;.. ~ .. ~."..: ~'l :.. _. ~ ~ t .~. . . PAID OUT ~ ~ j . ~ ~ . . ~ . . .. ~ . I" . ~ .J~. : ..:' . t2 f \ :;.... } CLC~~ f C~~k--~ ~J. i · ~J ~ , ... p: · .. /0 t. ~ ..~ · /0\ .r ~I tvL~ ~ . ]..r ~ ~~. ! . .,. .. ~.:. .: ~~~b Alr.claJms: a.nd...returned. goods.: MU COO 0 518 Receiv By 1 · . t . .. :... . . . ... . . .. . . . . .... . .. .. . . .. .... ... .-.. . . PAY . .. . .rI'. .. ... . : .. . .. . .... . One Hundred and 00/100 Dollars. ..: . (TI AMOUNT $100.00 ~ ~ =' i) ,.E (;Q =- ~ : u.. ~ ~ g rn TO City of Meridian 11'00 255(;11- I:. 2:1 201. 5 501: L,OgOO ~ 511QO ~II' r.p PINNACLE ENGINEERS, INC. 2556 I nvo ice Num ber Date VOUCher Amount Discou n ts preViOUS pay Net Amount DATE PROJECT NUMBER PROJECT NAME c..... (~... . PUBLIC HEARING SIGN-UP SHEET June 5, 2001 Item No. ~2D PP 01-008 Traveler's Corner NAME I FOR AGAINST I DATE PROJECT NUMBER PROJECT NAME NAME C"" ". (' PUBLIC HEARING SIGN-UP SHEET June 5, 2001 Item No. 2L\ VAR 01-006 Park-and-Ride Lot FOR AGAINST }. .... ....... . (..:..-. . (/....> . PUBLIC HEARING SIGN-UP SHEET DATE June 5, 2001 Item No. 1'3 PROJECT NUMBER PP 00-024 PROJECT NAME Tuscany Lakes FOR AGAINST ~ /' (:. . . (~.:.:'..n . PUBLIC HEARING SIGN-UP SHEET DATE June 5, 2001 Item No. ,2. PROJECT NUMBER AZ 00-023 PROJECT NAME Tuscany Lakes I \ NAME FOR AGAINST VJ/l (} 1W~_ ~ (!J Jt tV /IlIl _fo1_~ ~ ~ ij ......... co 0 0" ~ ---=." ..: .. (~~ '0,. . PUBLIC HEARING SIGN-UP SHEET DATE (()/S~D ( ND. C1 PROJECT NUMBER J2;C o l ~ 003 PROJECT NAME PlUth hoY' o C1 Ci>( -h cLS NAME FOR I AGAINST I! ~ ~ (... . . /~~:......: t.: .... PUBLIC HEARING SIGN-UP SHEET DATE June 5, 2001 Item No. ILl- CUP 00-052 PROJECT NUMBER PROJECT NAME Tuscany Lakes I NAME I FOR AGAINST ... .f'... l/ tkx~~ .....~. tlli.~th I141Jt J2~~ - --- J :: -t&{~~~ ~ .-~ ~ :;:y.:s :/1.7.; :.: c.....: .. (~.':':..: . PUBLIC HEARING SIGN-UP SHEET DATE June 5, 2001 Item No. J5 PROJECT NUMBER CUP 01-014 PROJECT NAME Whole Life Restoration House NAME I FOR AGAINST I Shdfeq &1011 )0 ~ f/~ t>/l ( f{y /V1 ;:> c vt K / )( KZJSQ +k La. ne 1\,+\\ ( ) l' ~Y)e )( DATE PROJECT NUMBER PROJECT NAME {:: ..: cu.... PUBLIC HEARING SIGN-UP SHEET June 5, 2001 Item No. I/o RZ 01-004 Waltman Court Subdivision NAME I FOR AGAINST (~., .... " /:'-:~~:.... f. -: """: PUBLIC HEARING SIGN-UP SHEET DATE June 5, 2001 Item No. IT- PROJECT NUMBER PP 01-007 PROJECT NAME Waltman Court Subdivision I NAME FOR I AGAINST . . (. (...,..... . PUBLIC HEARING SIGN-UP SHEET DATE ~ ~.5~tJ( PROJECT NUMBER U ct{~1- 1 l!e4n NO, t 6 /t?06~O{q PROJECT NAME .. ~ ~J /i ..1 i.LrLtA-bLIL v I NAME I I I I A \ FOR AGAINST O~ K ~ /?,~~ J X .., ~ ~~-4Y~ -::t'.erei ~4P' ,.....- ~. ~ . .. . I r..fi · '\Y' ~ ""it ~ -. i I I ('.:. .:~ ..f-,;~d...' (.....:.. . PUBLIC HEARING SIGN-UP SHEET DATE -'C; ~.O 1 p(J DO-Ol ~ U.dPV0 . ( - ./~1Il~ N 0 l {( PROJECT NUMBER PROJECT NAME ~ .-. , I AGAINST NAME L. ~ FOR a#k~ X ~ h0~~~ I X ~~I.~ .~~. ~ ~,L)t IV .,. / '-- ~~ ~ ~ ----------'-"- ~ (~:":""" :"" "" . ('~"~. PUBLIC HEARING SIGN-UP SHEET DATE June 5, 2001 Item No. '8 PROJECT NUMBER AZ 01-007 PROJECT NAME Hark's Corner I NAME FOR AGAINST L ~~~ '( V~ ~b~S ;C ~ Ro~~ ,j \ ~ ,"^ " . .. . . . . .. .. .. {~........ .... {f..~... PUBLIC HEARING SIGN-UP SHEET DATE June 5, 2001 Item No. \9 PROJECT NUMBER CUP 01-011 PROJECT NAME Hark's Corner I NAME FOR J AGAINST L~RR.Y V~ Hcas )( ~. \L Ow~~ ~~^ ~)( \ o~~, . . - . . . .... . . .. (~~.:...:. . "i;:-:: . (. . Item Packet Pickup \ 3 unc '5J 200 I MAY Roben D. .....................^- ......,,:.;.;,. / CITY COUNCIL ERS Ron Anders \ Keith Bird Tammy deWeerd Cherie McCandless (<~:,.... HUB OF TREASURE VALLEY (.,.:-_u:'.. A Good Place to Li ve CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 · Fax (208) 887-48)3 City Clerk Office Fax (208) 888-421~ . LEGALDEPARTMENT (208) 288-2499 · Fax 288.2501 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 · Fax 887-1297 PLANNING AND ZONING DEPARTh1ENT (208) 884.5533 · Fax 888-6854 TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council please submit your comments and recommendations to Meridian City Hall Attn: Will Berg, City Clerk. by: May 29, 2001 Transmittal Date: · May 9, 2001 Hearing Date: June 5, 2001 File No..: FP 01-009 Request: ~Final Plat approval of 13 building lots and 3 other lots on 6.36 acres for }JJeridian Greens · Unit No.4 By: Fulfer/Scott Investment Company and Glenco Location of Property or Project: east and west sides of SE 5th Way, south from Overland Sally Norton. P/Z (No VAR. VAC, FPJ Jerry Centers, ~PIZ (No VAR. VAC, FPJ Bill Nary t P IZ (No VAR. VAC. FP) Richard Hatcher. P/Z (No v~ VAC. FPJ Keith Borup, P/Z (NoVAR, VAC,FPJ Robert Corrie. Mayor Ron Anderson, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless. C/C ~ V ~ Water Department Sewer Department Sanitary Service (No VAR, VA(; FPJ Building Department Your Concise Remarks: Fire Department t!!. Cl, ~ Police Department vt2. City Attorney vf. City Engineer ,,-.. City Planner n~;e /> n -I-A ;? 0 / M- ~ Parks Department ~0nIyJ 2),l'J AZ · 27 FP - 2.4 PPIPFP - 2. VNWN; - 20 CUP _ 20 Meridian School DiStrict (No FPJ Meridian Post Office (FPIPp onIyJ Ada County.Highway District Community Planning Assoc4 Central District Health Nampa Meridian lnig. District Settlers Irrigation District Idaho Power CO.. {FPIPP onJyJ U. s. West (FPIPp only) Intennountain Gas fFPIPI:' MI)1 Bureau of Reclamation {FPIPP ~ Idaho Transportation Department (NoFPJ Ada County (Annudon on/yJ RECEIVED b.A i\ \1 ";, 200' f~ a." J :,."J Ji CITY OF MERIDIAN MAYOR Ro bert D ~ Corrie (..Y:.. . HUB OF TREASURE VALLEY (~'....Y. CITY OF MERIDIAN A Good Place to Live LEGAL DEPARTMENT (208) 288-2499 · Fax 288..250 I PUBLIC WORKS BUILDING DEPARTMENT (208) 887.2211 ., Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208) 884-5533 · Fax 888-6854 CITY COUNCIL MEMBERS Ron Anderson Keith Bird Tammy deWeerd Cherie McCandless 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 · Fax (208) 887-4813 City Clerk Office Fax (208) 888-4218 TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council please submit your comments and recommendations to Meridian City Hall Attn: Will Berg~ City Clerk. by: May 29, 2001 Transmittal Date: . May 9, 2001 Hearing Date: June 5, 2001 File No.: FP 01-009 Request: Final Plat approval of 13 building lots and 3 other Jots on 6.36 acres for Meridian Greens - Unit No.4 By: Fuller/Scott Investment Company and Glenco Location of Property or Project: .east and west sides of SE 5th Way, south from Overland Sally Norton, P/Z (No VAR, VAC. FP) Jerry Centers, .P/Z (No VAR, VAG', FP) Bi II Nary, P IZ (No VAR, VAC, FPJ Richard Hatcher, P/Z (No VAR, VAc.. FP) Keith Borup, P/Z (No VAR, VAC, FP) Robert Corrie, Mayor Ron Anderson, C/C Tammy deWeerd. C/C Keith Bird, C/C Cherie McCandless, C/C Water Department Sewer Department Sanitary Serv ice (No VAR.. VAC, FP) Building Department Your Concise Remarks: V Fire Department Police Department City Attorney City Engineer City Planner Parks Department (Raidentittl Only} Meridian School District (No FP) Meridian Post Office (FPIPP only) Ada County.Highway District Community Planning Assoc. Central District Health Nampa Meridian Irrig. District Settlers I nigation District Idaho Power Co~ (FPIPP onlyJ U. S. West (FPIPP only) I ntennountai n Gas (FPIPP only) Bureau of Reclamation (FPIPP only) Idaho Transportation Department (NoFP) Ada County (Annex.rion onlyJ 5~JI--61 AZ. - 27 FP.. 24 PP/PFP.. 26 VAA/VN;.. 2.0 cup". 26 RECEIVED MAY 2 2 2001 City of Meridian City Clerk Office cuw<.. HUB OFTRFASURE VAlLEY A Good Place to Live (~'P.:.,,:..<. 1v1AYOR Robert D. Corrie CI OF LEGAL DEP ARThffiNT (208) 288-2499 · Fax 288-2501 PUBUC WORKS BUlIDWG DEPARTlvIENf (208) 887-2211- Fax 887-1297 PLANNING AND ZONmG DEP (208) 884-5533. FAX 888--6854 CITY COUNCIL 1vffi?vrBERS Ron Anderson Keith Bird Tammy deWceId Cherie McCandless 33 EAST IDAHO IvIERIDlAN, IDAHO 83642 (208) 888-4433 · FAX (208) 887-4813 City Qerk Office Fa.x (208) 8884218 MEMORANDUM: June 1, 2001. To: Mayor, City Council, Planning & Zoning RECEIVED JUN - 1 2001 From: Bruce Freckleton, Assistant to City Engine David McKinnon, City Plannerb/A CITY OF MERIDIAN Request for Final Plat for THE MERIDIAN GREENS - UNIT NO.4 - 13 Building Lots and 3 Common Area Lots on 6..36 Acres - by Fuller Scott Investment Co. and Glenco. (FP-Ol-OO9) Re: We have reviewed this submittal and offer tI,e following comments, as conditions of the application. These conditions shall be considered in ful', unless expressly modified or deleted by motion of the Meridian City Council: APPLICA TION SUMMARY This application proposes to create 13 single-family residential lots and 3 landscape/common lots at a gross density of 2.03 dwelling units per acre. This plat would be the fmal phase of the Meridian Greens Subdivision (there are three existing, built-out phases of Meridian Greens). The 7.88-acre parcel is an intill parcel, surrounded on all four sides by existing development. There is a new public collector road (SE 5th Way) and a new cul-de-sac proposed within the plat. LOCA TION The property is generally located on the south side of Overland Road directly across from Western Equipment, between Meridian Road and Locust Grove Road. It is designated as Existing Urban in the 1993 comprehensive plan. SURROUNDING PROPERTIES North - Western Equipment, zoned C-G South - Meridian Greens Subdivision No.. 1, zoned R-4 East - Eightmile Lateral and Hunts Bluff Subdivision, zoned R-4 West - Meridian Greens Subdivision No.1, zoned R-4, and three Ada County lots, zoned Rl SITE SPECIFIC COMMENTS 1. Applicant is to meet all terms of the approved preliminary plat. 2.. The engineering plans submitted with the application indicate that this development's pressurized irrigation system is going to connect to the existing system in Meridian Greens Unit No.1, a system owned by the Meridian Greens Homeowners Association. Written M erG reeDS U nit#4. fp.doc FP-O(.;Q09 :. tV.... (....:.........:. (::. ....: Mayor, Council and P&Z June 1, 2001 Page 2 approval of pressurized irrigation agreement between this developer and the Meridian Greens Homeowners Association is required prior to Gity signatures on the final plat. 3. Compaction test results must be submitted to the Meridian Building Department for all building lots receiving engineered backfill. 4. The design of drainage areas shall ensure that water is retained only during 25-year stonn 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 High~ay 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, etcot, prior to signature on the fmal plat. 6. Sanitary sewer service to this site shall be via extensions from the existing main line in SlOE. Fifth Way. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of centerline. 7 to Water service to this site shall be via extensions of the existing main installed in S.E. Fifth Way. Applicant will be responsible to construct the water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. 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. Sidewalks are to provide a clear five-foot-wide walkway pathway without encroachment of mailbox structures. 10. Submit copies of proposed restrictive covenants and deed restrictions for review by the City Attorney's office. 11. Complete the Certificate of Owner's and it's accompanying Acknowledgment. 12. Add "City of Meridian" to the situate statement on page one of the plat map. 13. Please add or revise the following notes: M erG reensU nit#4. fp rdoc \,~ ....... . . (::<. ~ ,.. . ... Mayor, Council and P&Z June 1, 2001 Page 3 Building Setbacks ..~zoning regulations of 1'100 County the City of Meridian at the time~.. 14. Please add the comer perpetuation filing record numbers to the referenced government comers~ 15. Correct the missing PLS numbers (????) in the Legend of symbols. 16. Correct the name of "E. Port Maria Court" to "E. Borzoi Court" per the Ada COWlty Street Name Committee's letter~ 17 ~ Two-hundred- fifty-watt and! or one-hundred-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. 18. Staff's failure to cite specific ordinance provisions or terms of the approved preliminary plat does not relieve Applicant of responsibility for compliance. GENERAL COMMENTS 1. Any existing irrigation! drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. Plans will need to be approved by the appropriate irrigation! drainage district, or lateral users association, with written continnation 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 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. 3. Determine the seasonal high groundwater elevation, and submit a profile of the subsurface soil conditions as prepared by a soil scientist with street development plans. 5. Provide five-foot-wide sidewalks in accordance with City Ordinance Section 11-9-606.B. 6. Submit a letter from the Ada County Street Name Committee, approving the subdivision and street names ot Make any corrections necessary to conform. 7 . Coordinate fife hydrant placement with the Meridian Public Works Department~ Me rG reem Unit#44 fp" doc (oo.... .. c......... . : I~.~'..: , \,:." Mayor, Council and P&Z June 1, 2001 Page 4 SITE SPECIFIC COMMENTS - PLANNING & ZONING 1. The landscaping shall be installed as submitted. The 20' landscaping easements located on Lots 1-5 Block 2 and the 20 landscaping easements on Lots 1, 7, and 8 of Block 1 shall be completed prior to the issuance of a fmal occupancy permit for any home within the subdivision.. The landscaped areas shall be connected to a common pressurized irrigation system prior to construction of individual homes in order to be continuously sprinkled and maintained. Until such time that there is a homeowner responsible for maintaining each lot, the common irrigation connection shall be used for sprinkling the landscaping easements. 2. A detailed fencing plan including the location and types of construction shall be submitted for review and approval prior to receiving a signature on the final plat. A letter of credit or cash surety will be required for the improvements prior to signature on the fmal plat. Fencing shall be in place prior to applying for building permits. 3. Twenty-four-foot-wide private drives are proposed to access all lots adjacent to the eastern side of SE 5th Way. No parking will be allowed at any time along this street. The homeowners association will be responsible for enforcement of this no parking area. Coordinate with the Meridian Fire Department and comply with their requirements for posting or otherwise marking the area as "no parking" · 4.. Add the following to Note 4: Building setbacks from the right-of-way of SE 5th Way shall be a minimum of 25 feet for Lots 1, 7, and 8, Block 1. 5.. No permanent perimeter fencing shall be required along the eastern side of Lots 1-5, Block 2. However, temporary fencing to contain construction debris shall be installed prior to applying for building permits. 6. Any development of the 40-foot-wide piece of property to the east of Lots 1-5 of Block 2, running adjacent to the Eight Mile Lateral, shall require a license agreement with the Nampa-Meridian Irrigation Department prior to development or landscaping.. Additionally, the homeowner, prior to landscaping or otherwise improving the land, shall obtain an approval letter from the property owner of the 40- foot-wide strip of land. 7. The aforementioned 40-foot wide strip of land adjacent to the rear of Lots 1-5, Block 2, and the Eight Mile Lateral sball not be split or otherwise sold unless the property has been properly subdivided and a license agreement with the NMID has been granted for developing said property. Mtrarcens UnitH4. fpt doc