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HomeMy WebLinkAbout2005-06-07r r CITY OF MERIDIAN CITY COUNCIL SPECIAL MEETING 1 WORKSHOP AGENDA Tuesday, June 7, 2005 at 5:00 p.m. City Council Chambers 33 East Idaho Avenue, Meridian, Idaho 1. Roll -call Attendance: Shaun Wardle Christine Donnell Charlie Rountree Keith Bird Mayor Tammy de Weerd 2. Adoption of the Agenda: 4. Presentation 1 Introduction of the New Unified Development Code: Meridian City Council Special Meeting 1 Workshop Agenda — ,lune 7, 2005 Page 1 of 1 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. CITY OF MERIDIAN CITY COUNCIL SPECIAL MEETING I WORKSHOP AGENDA Tuesday, June 7, 2005 at 6:00 p.m. City Council Chambers 33 East Idaho Avenue, Meridian, Idaho 1. Roll -call Attendance: Shaun Wardle Christine Donnell Charlie Rountree X Keith Bird Mayor Tammy de Weerd 2. Adoption of the Agenda: a1VY'rv-,e_ Presentation / Introduction of the New Unified Development Code: Meridian City Council Special Meeting /Workshop Agenda —June 7, 2005 Page I of 1 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents andfor hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. August 12, 2005 MERIDIAN CITY COUNCIL MEETING August 16, 2005 APPLICANT ITEM NO. 5-A REQUEST Approve Minutes of June 7, 2005 City Council Special Meeting AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. COMMENTS Date: Phone: Meridian City Council Special Meeting June 7, 2005 The Meridian City Council special meeting was called to order at 5:00 P.M. on Tuesday, June 7, 2005 by Shaun Wardle. Members Present: Mayor Tammy De Weerd, Keith Bird, Christine Donnell, Shaun Wardle and Charlie Rountree. Staff Present. Ted Baird, Anna Canning, Brad Watson, Joe Silva and Will Berg. Item 1. Roll -call Attendance: Roll call. X Shaun Wardle X Christine Donnell X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd Item 2. Adoption of the Agenda: Bird: Mr. President. Wardle: Mr. Bird. Bird: I move we adopt the agenda as published. Donnell: Second. Wardle: It's been moved and seconded to adopt the agenda as published. Just a point of clarification, Mr. Berg, on the published agenda, Item 4 skips Item 3, would you like to change that? Bird: Well, yeah, I should say that we don't have a four we have a three. Wardle: With that change, all in favor of adopting the agenda as revised. ALL AYES. MOTION CARRIED. Item 3. Presentation I Introduction of the New Unified Development Code: Wardle: I will have our Director, Anna Canning, open this up for discussion. Canning: President Wardle, Members of the Council and Mayor my intent tonight is just as it kind of states introduces you to this document, I am just basically going to be going through the table of contents. I have to warn you I have a horrible sore throat so if I take frequent drinks and like pop things in my mouth Meridian City Council Special Meeting June 7, 2005 Page 2 of 30 that's what is going on. So, hopefully, my voice will last for two hours. So, I will go through quickly and then my intent is to just kind of explain the organization as we go along. I explain what's a big departure from our existing ordinance. I do have the existing ordinance here if you have some specific questions, but in all honesty I don't think we are going to have time to do much other than just kind of leaf through 242 pages, which isn't bad for a zoning ordinance really. Okay, the first few pages are just the table of contents, so as you see there one of the big ideas was to get this organized, there is a definite lack of organization in our existing code. So, the first chapter goes through some general regulations. Those are kind of more of the legal mumbo jumbo, if I could call it that and then we go into the Chapter 2, which it explains the regulations by district, so that's the residential districts, commercial, industrial and some new categories, which we call the traditional neighborhood districts. The Old Town is one of those and we have added two new districts. So, those will be a big new departure. Chapter 3 is regulations applying to all districts, so this would mean no matter which district you go in, these standard regulations apply. As you can see, the Article A list the number of those. Article B goes into landscaping and then off street parking, then signs, then temporary use, private streets, common open space and site amenities and then there is one other, Article H, which is regulations that is not on the Table of Contents and that one is regarding development along state highways, so it was fairly new add and I missed it in the Table of Contents there. The specific use standards — what this does is instead of looking at the district, it looks just at the use, so there may be a use — a particular standard that just applies to that use no matter what district it's in or regardless of what district it's in. This is what's giving us the ability to have more principle permitted usage rather than relying on the conditional use process. Chapter 5 is administration of the ordinance so that explains how we process applications and make decisions and Chapter 6 is the subdivision regulations so this combines Title 11 and Title 12, so we have taken those subdivisions and added them in here. Then Chapter 7 is planned unit developments. Okay, moving onto Chapter 1, general regulations, really, this hasn't changed much at all other than it is just all brought together. It's pretty standard stuff regarding language and measurements, conflicting regulations, preservation of property rights is required by state law so those are all pretty normal. One of the great additions, we think, to this is Article A the definitions — we have gone through and really defined exactly what we mean by a number of terms. So, those are a lengthy section there as you will note, but really the ease of administering a good zoning ordinance is having a good set of definitions, so I think this will really help us and being able to be precise with folks about what is required of them. One of the other things we have done is we have said if the use doesn't exactly match up with the definition, but it's within three classifications in the north industrial classification code, which is what the U.S. Census uses then we can make a determination that it's similar. So, as you read through some of these definitions it will have a little NAISC Code 61 and that's what it is referring to is that National Industrial Classification system, so that gives us an ability to make some determinations there and have something to base them upon. Okay, I am going Meridian City Council Special Meeting June 7, 2005 Page 3 of 30 to leave definitions. There are a couple of figures at the end of definitions. One is the types of dwelling units, whoops, I missed the first one. The first one is setbacks required yards and property types just as a clarification tool and the other one is types of dwellings. These figures, some of them are just in draft form, I got the revised ones after I had sent this over to the Clerk's Office, so some of those will be cleaned up a little bit. Nonconforming use or property use or structure, this is much clearer than what we have got right now. This just lays the groundwork for how to deal with nonconforming uses, non -conforming structures and non -conforming properties separately. Right now it's all kind of jumbled together and you are never quite sure what to do. Okay, now we will get into the district regulations, as you can see we have lumped all the residential districts together and then all the commercial, industrial and traditional neighborhood. This just gave it an easier way to turn to one section for folks so that they can compare for our own purposes to handout to the public. We will have an overall matrix that combines all districts and all uses just as a handout, but it won't be codified, so part of the reason is that we found that the codifiers don't deal with tables really well and the bigger the table, the worst they deal with it. So, this is a way to keep the tables fairly simple and a little easier for them to put on the web when they codify it. Going into residential districts, we spent a lot of time — oh, 1 forgot to make an announcement, I am sorry, I just got word today that as you know we spent time with the process improvement groups doing this draft and taking it forward to Planning and Zoning Commission and as part of the Association of Idaho Cities, their city achievement awards we submitted just that process of having this group that consisted of developers and civil engineers and developer wraps and architects and city staff and we submitted that for an award and I just found out today that we won. So, we will be receiving an award next week. Back to the task at hand. What I was going to say is the PIG spent a lot of time going over the uses and what should be allowed and what should not be allowed. We spent almost three weeks — many, many hours going through the used tables combined, really just trying to come up with a logical and consistent manner of treating these uses as to whether they are principle permitted conditional or accessory. So, as you see there is a fairly simple table of what is allowed on the residential uses. If it's not listed, it's prohibited so — and also if you see a little hash lines, those are prohibited as well. Then we have a number of standards, minimum property size, just some general things there -- minimum street frontage, encroachments allowed in any setback, maximum height limit and things like living space, roof design and drainage. So what we try to do is have everything pertaining to that district in this section. So, you will see some of these duplicated later, but we thought it was important just to be able to just hand somebody the whole residential use section. I do want to point out that other than — we took out the minimum house requirement for some of them and as you go to page 5, you will notice that there is minimum living space in the R-2 and the R-4, but not in the R-8 and the R-15, so we felt it was important to protect kind of that minimum living size for that (inaudible) that sacrosanct R-4 district, which really is reserved as a strictly residential district and how that house size was important and that's what we had most of. We left those there, but there is not a Meridian City Council Special Meeting June 7, 2005 Page 4 of 30 minimum living space in the R-8 and the R-15. You will also note if you go back and compare it to the existing districts that the frontage size is significantly smaller as is the lot size. We took a lot of advice from the development community on this. It's really getting it at what they have been looking at with their PUD's and the kind of minimums they have been establishing or asking for as part of their planned unit developments, It's just kind of a preview of one of the later sections. We basically bumped up the open space requirements as well. On the larger projects because we felt like we were losing a little bit of that by them not having to come in for a planned unit development any more, we were afraid we were going to lose some of our open space amenities, that we see on some of the larger projects, so we do have some kind of a sliding scale now for open space amenities, but I will touch on that again as we get there. Going on to the — I have a section that got put in backwards. Commercial district should be next. We spent a lot of time — we means the PIG for future reference. We spent a lot of time talking about the purpose — the allowed uses and the proper location and then again, the allowed uses within each district. We really tried to take a good look at them and make them consistent and make them reasonable. You will see those allowed uses. C -G was left as the major retail zone with a highway serving commercial. The L -O on the other end of the spectrum was really kept as something that was a real good buffer to residential. Again, you will see the encroachments allowed in the setbacks — oh, on the dimensional standards, we cut way back on the dimensional standards particularly in the kind of the pure zones, the C -N, the C -C and C -G that weren't meant to be a buffer. What we did was there basically a real minimal setback unless you're next to a residential district and then you have additional buffer requirements and this wasn't true of industrial as well. So, you will see that landscape buffer to residential uses, so this gets away from what used to be in the landscape ordinance with the matrix of different uses and the required buffer, so this just gets all those street buffers, all the landscape buffers, all the setbacks all in one table is what we were trying to do there. Then you have got those other standards. Then we go into industrial uses. Pretty much the same thing. We spent a lot of time working on the list of uses and the appropriate location. We do have a new zone, I -H, this would be available for the heavy industrial uses, and so we are proposing that as a new zone. That was something that was recommended or suggested as part of the comprehensive plan process, so this was to separate and make that distinction between the light industrial and the heavy industrial. As I said before, we have got landscape buffers there from residential uses. There is no buffer to commercial uses, it's just to the residential uses. Wardle: Anna, if I could just break for just a moment and invite, Councilman Rountree at 5:20 P.M. Thank you. Rountree: I would have been here on time if it weren't for Sue's Interstate out there. (Inaudible discussion) Meridian City Council Special Meeting June 7, 2005 Page 5 of 30 Canning: I do want to point out that the high limit, we did some modifications to the maximum height limit and both the commercial and the industrial districts and what it basically was if the director could approve up to a 20 percent increase in height, if you meant some alternative compliance, standards and anything over 20 percent would be a conditional use permit rather than a variance. Okay, on to the traditional neighborhood districts. We have got the Old Town, which everyone is familiar with and then we have the traditional neighborhood center and traditional neighborhood residential district and the intent of these two new districts was to give an option to folks where they are located with those semi circles from our comprehensive plan on their property or if they wanted to do a traditional alley loaded neighborhood to provide a different set of standards to work from rather than the standards that are in like the R-15 district or the R-8 district. So, they focus more on the relationship to the alleys and the relationship to the street as different than it would be in the standard residential districts. I should also point out that the PIG has recommended a reduced street section that is consistent with ACRD policy, but it is inconsistent with the standards of the Fire Department at this time. But, I am sure that will come up during the public hearing process. Some other unusual things, there is a minimum number of stories in the traditional neighborhood center and that's is similar to the Old Town. We are relying on design guidelines for this district as well, so the Old Town design guideline should be coming forward to you shortly upon the heels of this and then we have kind of modified those a little bit for the traditional neighborhood center and loosened them up quite a bit from what's in the Old Town because we weren't as concerned with architectural character there, we were more concerned with just the massing and the relationship to the streets, so we kept those aspects of the Old Town design guidelines for that section. Okay, if you move onto that dimensional standards that's where the street is, where it says street 29 feet with parking on both sides of the street or private drives. Donnell: Excuse me, Anna, what page? Canning: We are on page 6, Chapter 2, Article D. Bird: Mr. President, can we ask questions as we go so I don't forget? Wardle: Sure, Mr. Bird. Bird: Are you saying this is where we go into the 29 -foot street? Canning: Yes, sir. Where it says dimensional standards by type of dwelling unit and it says street, it's not really by type of dwelling unit, is it? There it is. It's got the street and then the alley. Bird: You know we are killing our Fire Department. Those trucks are — they are not little trucks that are going through there. You take 14 foot out of that 29, Meridian City Council special Meeting June 7, 2005 Page 6 of 30 what's that leave you, if you are parking on both sides? If Christine taught me right that comes to 15 feet. I wish she would have been my teacher. Canning: Councilman Bird, I understand the issues and there are arguments both ways. I guess I didn't come prepared tonight to do much more than brief through things, but I do know that that's a concern. 1 have talked to Joe a lot and this is only in this one type of district and the (inaudible) district, so it's not likely to be all of over. Quite frankly, it's just a decision that you all have to make regarding how you want to go with these. Bird: And I agree with you, Anna, we are not here to argue that, but I think it's just something that we really can't let slip by on us. Canning: I am really trying to point out all the hot spots as we go along and there will be a few. Okay, standards, and regulations in all districts, accumulation of junk — that is to just keep things from being a junkyard. Bikeways, again, some of these are standards that relate more to — used to be more in the subdivision section, but then we couldn't get them when there was — we couldn't necessarily require the same thing when they were just coming in for Certificate of Zoning Compliance, so by putting them in this section we were able to get them for every development that comes through. Clear Vision Triangle here are some of our drawings that have been added. I think 1 am going to number each of those separately. Right now they are all under one figure. You probably didn't care about that sorry — all right — then nothing has changed there. Ditches, laterals, canals or drainage courses — we tried to clean that up a little bit like make it a little easier to understand. I don't think there was a big change in policy as I recall. It was just trying to make it a little more understandable. Fences — gone is the fence committee, gone is the director determinations regarding fences. These are the fence regulations. What I did was for the corner lots we — if you go back — if you go to Page 7. This figure is one of them that is being worked on because it is a little hard to read. Basically what we have said is if you have a corner lot you can come to 10 feet on the side instead of having to stay at 20 and then you angle back just -- that's what we've pretty much done as the Fence Committee and what I have done as the — my fence administrator as one. We've just gone ahead and codified it and gotten rid of that process. Glory glory hallelujah. Bird: Hallelujah. Canning: Multi -use in micro pathways — nothing really new here. It's just that it's pulled into the general standards rather than the subdivision. Natural features that's just kind of a blanket statement. Noxious uses these are from the existing ordinance. Outdoor lighting. As you'll notice this is a fairly beefier section than we had before. Basically what it's doing is requiring down shielded lights where the bulb is hitting. Not only shielded but also where the bulb is hitting so it doesn't create glare. Once you get above a certain lumens that is required and Meridian City Council Speciaf Meeting June 7, 2005 Page 7 of 30 to enforce this we've set it up in a way that basically if we get the light specs from the developers we can review this and see whether or not it complies. Then there are some examples of full cut off shields and no light trespass is allowed. Again we can do this from the photo metric drawings provided by the manufacturers of the lights. Outdoor service and equipment areas. This came about — a lot of this because of the — just trying to make industrial uses and what not compatible with residential uses. We found that we kept on adding it to our specific use standards and instead we moved it here so that it was a little more an overall standard. Same with outdoor speaker systems and outdoor storage. A lot of different uses have these things so if you had these outdoor kinds of uses particularly near a residential district you had to make sure they were compatible basically. Pressurized irrigation systems that's another one from the existing subdivision regulation. Self-service uses. This was kind of a new one. We worked a lot with the Police Department on this where you have other tended self service uses like laundry mats, automatic teller machines, vehicle washing facilities, fuel sales facilities, storage facilities all of those kinds of things. We felt that there was some particular security issues we needed to address and that's what those are. We basically made them more visible so that people don't get accosted. Sidewalks and parkways. Parkways was kind of a new one and we'll probably be recommending something other than what's in here as staff. This is what came forward from the PIG and then from the Planning and Zoning Commission. ACHD has been working on a minimum parkway with — right now we've got 5 feet and I think the cities and ACHD are going to agree on kind of a compromise of eight feet. You'll probably see that that gets bumped up. We were — Donnell: Mr. President Wardle: Ms. Donnell. Donnell: Anna is there a separate area in here that we haven't gotten to that addresses ADA. I'm talking about with the sidewalks for wheelchairs and those kinds of things or is that included in this section. Canning: I think there is a general — somewhere I had a general statement you know that the developer is responsible for — the applicant is responsible for meeting ADA requirements. I have in all honesty avoided mentioning it too much because my staff can't interpret those ADA requirements so I haven't wanted to do that. What we do is a standard condition of approval. We say it is the applicant's responsibility to make sure that this complies with ADA. 1 felt that that way I was protecting the city kind of giving them a heads up but not getting me involved at all. Donnell: Thank you. C, Meridian City Council Special Meeting June 7, 2005 Page 8 of 30 Canning: It was a definite lack of wanting accountability. The other thing we did is for those — in order to encourage detached sidewalks particularly with trees in the median. We have allowed them to count that as open space for their open space requirements. I think that that has — in the PIG group we all agreed that that has a lot more impact on how green the neighborhood looks rather than an 8,000 square foot little thing over to the side. We've really tried to encourage these detached sidewalks. They would have to subtract curb cuts if it's not alley loaded they get the full width if it's alley loaded. That will be particularly important if that goes up to eight feet because I think you'll see a lot of people just — that that will probably fulfill their open space requirements just that parkway. Storm drainage that's a standard one. Structure subject to design standards. This is not design review I'll make that clear. Rather than having a maximum kind of building size we felt that it was more appropriate to say okay if you're going to build something bigger than like 7500 square feet in the C -N district we need to start thinking about the mass of that and how it relates to the surrounding properties. Conversely if you're in the C -G district we need to start — and you want to go over 200,000 square foot for your footprint we need to start thinking about that. Those are footprint sizes — no it says structure sorry. You know we just wanted them to look at some at breaking up some of the mass once they hit those targets and dealing with the parking lot in a little better way a little more pedestrian friendly way once they start getting up there. Basically it's up to staff to approve this. If they disagree with this it comes up to Planning and Zoning for their decision. I'm pretty sure that's how it works. I have to check now. If they want to do something different then it's by the Conditional Use Process. We've used that out kind of on several things. It's like okay if you want to play by our rules that's fine we can do it at staff level. If you want to do something else that's fine but you have to go through the Conditional Use process to do it. Okay traveling sleeping quarters that's just to keep people from using 5t" wheelers as homes and utilities that's just basic utility stuff from what's now in the subdivision ordinance. Landscaping this is Article B. It's basically the same the only thing we did was take out the buffer to land uses requirements and the buffer to street requirements and we moved them to the district regulations. Then the parkways standards we moved to that section I was just going over earlier. We've taken some things out and shuffled them around but they're basically the same. I'm just kind of thumbing through it. If you get to Chapter 6 it describes the landscape buffers along the streets but the width of that buffer was in the district regulations. Parking lot landscaping is the same. Buffer between land uses. We may need to re -title that now that I think of it. It probably should just refer to buffer to residential uses so I'll look at that. Okay tree preservation that kind of stuff is all the same. Okay off-street parking. We had several interesting discussion on this as far as you know what's the appropriate number of parking spaces per — by use and how do we best go about this. In the end, we figured that this was one of those things where maybe we didn't need to get involved. In all honesty, almost everybody that comes in either provides more parking than they need or they provide what they need and then they have to come ask for a variance because they're in old town. Now it had already been Meridian City Council Special Meeting June 7, 2005 Page 9 of 30 talked about for the Old Town District to rely on MDC to provide some of that parking or some alternative but — and there's kind of a new buzz in planning about some of the parking requirements. The big thing is that the parking requirements that planners use are based on nothing. They have just been copied from one another over the years. It's really kind of bad. It depends — it's not necessarily a retail use that generates the kind of parking it's like your specific retail use. If you're selling furniture you basically know what your parking requirement is. If you're selling candles you know what you're parking requirement is. We generally see that people come in with the amount of parking that they need. They are actually usually way over parked by our standards. After a lot of our discussions with the PIG and several emails going around we basically — we kept the residential ones because we felt it was important that we have at least two residential spaces per — or two parking spaces per residential unit. Basically, didn't require anything for commercial. There is one of your major hot spots to think about. Donnell: Mr. President. Wardle: Ms. Donnell. Donnell: Anna what about for public buildings schools, churches? De Weerd: And they happen to have a tree every other parking spot Rountree: They shouldn't be allowed to have them. Canning: Nothing. Donnell: There's nothing Canning: There's nothing but the one out is if it's apparent that they're not providing anything of what they need. If they come in with a 200,000 square foot use and 10 parking spaces then it's pretty obvious that they're not doing what they need to do. I have to — I forgot to tell my babysitter something. You had something important you were asking me oh about the parking. If it really looks like their not providing enough then I have that ability to deny their parking plan and they have to come figure it out with the Planning and Zoning Commission I believe. Donnell Thank you. De Weerd: Anna. I don't know if it was discussed and maybe it's being discussed at the MDC level but in parking downtown I know that the expectation is our Urban Renewal Agency will provide the parking so variances seem to be more the rule than not. How — I think there's going to be a discrepancy in the timeframe of when the MDC can afford parking versus — and to provide it versus fj Meridian City Council Special Meeting June 7, 2005 Page 10 of 30 when the buildings go up. So, that certainly is going to need to be visited because these things come in front of us not in front of MDC and we need to know what the parking pian is. Canning: In all honesty, I think you'll really find that the developers of those properties will do it themselves. I think Buich that property owner is reconsidering some of their design aspects based on the fact that they felt they didn't have enough parking. 1 think you'll find that other people that are looking at like the Double D site for instance are reconsidering what they want to do based on their parking needs. It really does seem to be a self-regulating issue. Are there going to be abuses probably but you know I'm not sure it's going to be all that much of a problem. The one thing I see in Old Town that may be a detriment is sometimes when you want to collect additional fees for a parking structure it's based on an in lieu fee of providing parking. That would be the one thing that we're missing here. De Weerd: And I agree Wardle: And Anna that was one of the things I was going to follow up on. Would an in lieu fee come forward as part of the Old Town design standards or is that something we need to consider as we take this code forward. Canning: If there's no requirement then there's no in lieu. So it's something you need to consider as you take this forward. Bird: Mr. President. Wardle: Mr. Bird. Bird: Anna now we're requiring two parking spaces for each residential does that include condominiums? Canning: On condominiums it's based on the dwelling unit not on the form of ownership. If it's a house that's under condo ownership it will be two units. Bird: But yes what if you build a townhouse or condos and you lease them out but you don't sell it. The owner of that building has to provide two dedicated parking spaces right? Canning: Right. It's based on dwelling unit not lot. It doesn't matter if it's a lot ownership or a condo ownership it's just based on that dwelling unit. Bird: See that's the best thing that will happen if all these downtown dwellings will put condos on top then they will also supply more parking. Donnell: Mr. President. Meridian City Council Special Meeting June 7, 2005 Page 11 of 30 Wardle: Ms. Donnell. Donnell: Anna I notice on Page 3 in that section. Chapter 3 Article C off street parking that you have stated it's the responsibility of the applicant. I'm going back to my original question — Canning: There it is I knew it was somewhere Donnell: -- but this says just parking lot design and I wonder if that same statement modified a little bit should also be included under sidewalks to accommodate wheelchairs. I don't see it there and I'm not very good with feet so I'm assuming that these — that the ordinances accommodate that but once again if they're going to put in some kind of sidewalk it ought to be ADA — Canning: I'll add that to the sidewalk section. I knew I had it somewhere. Thank you for pointing that out I couldn't remember where that was. Okay now that I'm over my shock factor I'll move on. Off street loading space requirements are pretty much the same. Sign requirements all we did here was -- I finally figured out what our Sign Code says so I went through and I reorganized it hopefully to make it a lot clearer. I think there was just a lot of — and it was just organized in a way that made it difficult to figure out from one place to another. We spent a lot of time on the plan sign program just making it make sense because we were having difficulties enforcing it. We did clean up some other little things that we found enforcement. Some of the temporary sign stuff we did spend a fair amount of time on and on the temporary signs we moved away from looking at what type of sign it was. Whether it was a construction sign, a grand opening sign, a civic sign or rather than looking at the type of sign or what the content of the sign said we just said okay if you want a temporary sign you get it for so many days that's it and we don't care what it says. You only get it for so long. That way we're not working with okay they have a temporary sign for a construction sign now they want a temporary sign for a grand opening sign and now they want a temporary sign for this and trying to juggle all of those we just said we lumped them all together and said this and this is all you get. Hopefully we made that a lot clearer. We also added a section for subdivision identification signs for commercial and industrial properties. We didn't really have one before. On that one the question there became what do we do with the — this came up at Planning and Zoning not the PIG group by the way. The question was what do you do when there's a center sign and they also want to do a subdivision sign. We basically said well you can do both of them but you only get you know like if you had a maximum of 1,000 square feet for your center sign if you want to do a 500 square foot subdivision identification sign then that's coming off of your center sign. Basically we gave them the same square footage and said you choose what you want to do. If you want a 1,000 square foot subdivision sign you're not going to have a center sign if it's on the same street. Hopefully that made sense. Again you'll see the temporary signs. Then we have all the tables. Meridian City Council Special Meeting June 7, 2005 Page 12 of 30 For now we've still left the O -T district and the TNC district under the L -O standards. 1 think there was a little miscommunication from staff. The guy doing the sign section thought that the guy doing the design standards for Old Town was working on signs and he wasn't. We still need to get back to our sign folks and resurrect that group and talk about what kind of sign standards are appropriate for Old Town and then the traditional neighborhood center. Donnell: Mr. President. Wardle: Ms. Donnell. Donnell: Anna is there in here and all of this sign stuff a requirement in terms of the signs — they're really not the signs but the name of a subdivision. What I'm talking about because I think that's where you were going but I'm talking about since there's nice grand entrance to these subdivisions and on each side of these big rock walls it says Lochsa Falls or whatever. Are those under these ordinances? Canning: Yes they are called subdivision identification signs. Donnell: So they are though? Canning: Yes and we loosened it up a little bit because we found there was a lot of more artistic expression going into these recently as you may have noticed. Some of them you know the height requirement was getting a little — or the structure height you know and we loosened it up a little bit for those subdivision signs trying to get it just the sign copy part and not part of the larger structure. Some of these are going on fairly large structures which don't seem to detract they just — some of them are just quite odd inspiring. De Weerd: Artistic. Canning: And you're missing some of your overlay figures. Those haven't changed those. I apologize I just didn't have access to those figures when I had this printed. Okay temporary use requirements. This is the section I've been promising you for a while so you don't have to do your miscellaneous application. There are some basic general standards one being time period making sure that they are temporary. Location, number of structures, caretaker units, parking and access signs and all of that kind of stuff. Site conditions, noise, unobstructed sidewalks and then we go into some of the more specific temporary uses that we are aware of. One is firework stands, subdivision, model homes or real estate sales offices, construction sites, seasonal sale of agriculture and food products so basically farmers market. Arts, entertainment or recreation events. This would be like the October one what is it called? Wardle: Scarecrow Festival Meridian City Council Special Meeting June 7, 2005 Page 13 of 30 Canning: Scarecrow Festival thank you. Then some other ones standards for vendors not associated with a fair basically and these would be more like the lunch truck that pulls up and serves food. De Weerd: The hot dog guy Canning: The hot dog guy if he ever left his area but yes. The one thing that - oh and then the next one is promotional activities in non-residential districts so this would be like the big car sales events that's the last one. The one thing that's not here are things like the hot dog vendor. I just could never make a decision that that was a temporary use when he specifically says he's not a temporary use. I did what to point out that his use would not be accommodated underneath these temporary uses. De Weerd: So, Mr. President Wardle; Madam Mayor. De Weerd: I don't know if Anna or Ted could answer this but where would it be? Baird: Madam Mayor or Mr. President, Madam Mayor Members of the Council I just made myself a note to say hot dog vendor where does it go? I've looked through this. I don't think that we've created a nitch to put that in yet and maybe we'll get Anna's thought on that but that's probably something we need to work on. Canning: President, Madam Mayor the vendors license that came forward from the - **End of Side One** Canning: -- and really the issue here is this is a person who has a 20 by 20 lease in a retail area who does not move his building and has no indications of leaving. So, you may have already seen the letter complaining about me but I have basically said you are not a temporary use. You've got to either be a temporary use or you have to come into compliance with a Certificate of Zoning Compliance like everybody else does. Now he raises a couple of things. He talks about snow cone shacks this does cover snow cone shacks. The snow cone shack that he mentions has been there for quite some time and I've had it in mind all along as 1 did this temporary use. The structure has been there before I got here. I think it's kind of just a non -conforming use is how I've been treating that. He mentions coffee shops. They got Conditional Use approval for their drive up windows is what they ended up going through. I just don't see that that use is a temporary use. Meridian City Council Special Meeting June 7, 2005 Page 14 of 30 Bird: Mr. President. Wardle: Mr. Bird. Bird: Anna when we — when he came before us he assured us there were wheels on that so it was a temporary deal and there are wheels on it. They've got skirts around but there are wheels. He could hook up and pull it off so — Wardle: And Anna — Bird: -- we didn't tell him he could have half the parking lot. De Weerd: With his gates and tables. Wardle: Something that 1 don't see addressed that would fall under understanding that a snow cone shack is seasonal use and that the coffee and such places come under Conditional Use. What about the Emissions testing vans. Where would they — Canning: We — I looked at putting them under temporary uses but really the best fit for them is the public quasi -public use. It's really hard to call them anything but a public quasi -public use so they would be a Conditional Use Permit. Wardle: Okay. Donnell: So I'm -- Mr. President. Wardle: Ms. Donnell. Donnell: So I'm still not clear Anna, what you're saying about the hot dog stand. Is it a temporary use a Conditional Use what is it? Canning: 1 really think he's a retail use out there a permanent retail use and should therefore come into compliance just like every other retail use would have to. Probably what that would mean is setting us — doing some curbing out there you know providing an area where he actually put his thing with some curbs around it re -striping the parking. If he wants to have his seating area then he probably needs to work with some landscaping provisions. The problem is is he's — what now seems to be a permanent use in a parking lot that is way substandard for the city and if anybody else were to do anything in that area with that parking lot they would have to bring the full parking lot into compliance. I understand it's not likely that he will but my job is to try to keep things fair so I did — we probably spent too long on this one but I just wanted to point out that Mr. DiMaria does not fall under these temporary use guidelines. Bird: I agree. Meridian City Council Special Meeting June 7, 2005 Page 95 of 30 Canning: Okay private streets. This is kind of a new one. You're saying no, we have private streets. We took them — right now they're in the planned development section. You can do a private street basically for residential property and they were the same as the ACHD reduced street sections essentially. People weren't using them I think because on the whole the city would prefer that it be a public street rather than a private street anyway so we shifted the emphasis of private streets to be for public safety reasons and for addressing reasons. If you can vision Sagecrest Apartment Complex in your head where you have that loop that goes through the apartment complex. Well it's just a drive isle so they have no way of addressing from that and it's a real concern for the Fire Department. So this is one where I was really trying to keep the Fire Department in mind. Making up for my reduced street section I suppose. What we tried to do is create a mechanism so that they could have a better addressing system. This is very similar to the way Boise does it. You can request private streets so that — so it would be for multi -family developments it also could be for commercial ones since there is not frontage requirement for commercial. A lot of times we see these kind of looped drive isles that they could name those so that they can get people in there a little more easily and efficiently for industrial ones as well. Now the Fire Department has recommended that I — when you have Public Hearings on this that I also raise a discussion that if they feel that they need a private street that they have the ability to require one for addressing purposes. That's an amendment that I'll bring forward to you at your hearing time. Wardle: Anna just a quick question. I noticed under standards Item 4 that gates or other obstacles shall not be allowed. Did that get any discussion in the group? Canning: A little bit. I think — I know I talked about it. I'm basically opposed to gates for the most part and I think there was just general agreement amongst the group. Believe me there's not much of anything that didn't get some discussion (inaudible) in this thing. Common open space and site amenity requirements. This section was kind of neat. I'll tell you how some of this came about. Some of it's just this from the subdivision landscaping ordinances that you're familiar with and the other one is from — we had a guest speaker come in for multi -family and we're like — it was Rich Tomlinson — it was one of the Tomlinson's. He does really high-end multi -family development. We're like how do we get people to do apartment complexes like you do them? This man took off — we were all writing as fast as we could. He had some great ideas and basically he organized them into kind of different sections. Some of them were quality of life amenities and then recreation amenities and then I thought there was a third one — oh pedestrian or bicycle circulation system amenities. He just started rattling off these different types of amenities that he always put in his project and you know if it got above a certain size he always felt he needed to add this. So, that's the kind of open space amenities we have now. You start with kind of a basic let's see. Let me figure out where it starts talking about this. So for — you would have Meridian City Council Special Meeting June 7, 2005 Page 16 of 30 to have at least five percent of the gross area in landscape. We kept that from the existing ordinance. Then you can — for every 20 acres you needed one additional amenity. Now there could be another five percent of open space but after awhile if you get a big enough project obviously the whole thing is an open space so people got hung up on that. You don't have to do another five percent you could do a clubhouse you could do a walking path you could do things like that. The bigger the project gets the more amenities you get. This is kind of what I was talking about earlier as far as the Planned Unit Development. Because we were kind of reducing all the standards we still wanted to see some of those open space amenities that we were used to seeing as part of the PUD. I'll let you just look through some of those quality of life clubhouse, fitness facilities, enclosed bike storage, public art, and picnic area. Recreation amenities included swimming pool, children's play structure, sports courts, pedestrian or bicycle circulation system amenities were -- bike routes, pathways and things like that. Park and ride, transit or other multi -(inaudible). Okay now we get to probably one of the more controversial ones although I think we came to an agreement on some of them. This section was added after the PIG group had a chance to look at it but before it went to P&Z. It came about through a kind of an informal discussion we had with Sue Sullivan who is here tonight to answer questions or support other — which is just to let you know she's here to support it. Sue came to talk to my staff about you know what can we do as far as reserving right of way along some of these state highways. With those discussions we decided to go ahead and take to P&Z an amendment for their consideration at their hearing. So, this is standards that would apply to development along federal and state highways and in addition to that, we've kind of looked at McDermott as being the likely extension for Highway 16 so we've been looking at preserving right of way along there as well until an actual location is chosen for Highway 16 then it would go to that. For the time being we would preserve along McDermott. Given that there's no sewer right there it's probably going to be a pretty easy one to get by for a little while until that sewer line is gone — or I mean until that sewer line is in the ground. Basically it goes through the existing approaches would be allowed to continue but if they want to change or intensify the use then they would have to come into compliance with these standards. These standards are connections to state highway only at the section line road and the half -mile mark between the section line roads. Then the P&Z at their hearing added the quarter mile mark for right in right out only. Basically it's not written that way here because I didn't think about it until later but I think that P&Z was more in favor of that if 1TD was okay with it. So this whole quarter mile thing is a big question. Then a backage street kind of somewhere after 660 feet so that we have frontage to those properties by something other than the highway and on — there is a requirement for a 10 -foot multi -use pathway along 20126 and then noise abatement requirements. As I said, we did this without the PIG group's input. I went back to the PIG group last week. We had a meeting but they are going to be proposing changes. I will get those done this week and I will have those for you Public Hearing when you are ready to discuss it in a Public Hearing process. The big one seems to be that quarter mile. They wanted it for Meridian City Council Special Meeting June 7, 2005 Page 17 of 30 not just left in or right in right out but they also wanted left in only where there's medians so it's almost come around to a full access point again which I think will be a topic of discussion. De Weerd: I'm sorry Mr. President Wardle: Madam Mayor De Weerd: What did you just say? Canning: I thought that might get your attention. They wanted left in if there was medians that would only allow the left in. really the only thing that is gone is left out from those quarter mile ones now. De Weerd: I guess Council we need to have a discussion on that. 1 know that right now as we're developing along Eagle with the commercial we have traditionally tried to maintain the access policy that ITD desires and it's to our benefit as well to limit access. We certainly want a functional transportation system and we need to at least be on record and discuss this and make our wishes known as far as those highways are in our area of impact to what we would like to see implemented and followed. I guess we're just as responsible as the transportation agencies to maintaining this and it's something that we really have to find our own policy in what we want to maintain. I guess we've seen an example of how not to do it and if we don't have strong policies of our own we leave the door open and we put extra pressure on our transportation agencies because of that. Canning: Madam Mayor I would ask — I think it's appropriate for you to do a policy statement if you want to but it's — you're not on the agenda to make any decisions tonight. This is a workshop so I just want to cautious you or remind you that's all. De Weerd: And I'm not asking for a policy or I'm sorry follow up Mr. President. Wardle: Yes. De Weerd: I'm not asking to set anything but I do think that we do need to have that discussion. Mr. Bird and I were part of a meeting that I have since talked with him about it as well as our Traffic Safety Committee and 1 do have a letter that I was going to bring up further on in our agenda from our Police Department on a request from Krispy Kremes to allow a right in or a left turn with not replacing that concrete median. Our Traffic Safety Commission is just as concerned about having additional access and not following the restrictions that ITD has suggested along that corridor. We do need to at least voice in our thoughts on it so that as they consider that corridor from north of Ustick to 1-84 at least on Eagle and then we have to look at Chinden and perhaps McDermott and Meridian City Council Special Meeting June 7, 2005 Page 18 of 30 wherever else Highway 69 that we just know what our preference is and what we will be maintaining. Wardle: Mr. Rountree Rountree: Mr. President a couple of items. One, Anna on Page 1 of this under the applicability statement I don't know that the city has made that determination yet on a preferred location in any formal manner so 1 don't know that it should necessarily be stated as such until we do have a policy or a Comp Plan Amendment or something to that effect. Canning: I assumed you would discuss that as part of this ordinance. Rountree: And my second question is for Ted recognizing the conflict I have with this particular component of our ordinance could I request that this be dealt with as a separate hearing otherwise I will have to step down for the entire hearing piece as it relates to the ordinance. Baird: Mr. President and Members of the Council it occurs to me that this is legislative and different rules apply. You're not making a determination that's a particular application and in fact your particular expertise might be of use to the city as we set our standards. I'm thinking off the top of my head here but I'll chat with Bili Nary and we'll come up with a strategy. Rountree: Could you clarify that for me? Baird: Absolutely. De Weerd: Mr. President. Wardle: Madam Mayor De Weerd: Certainly when this gets to the Public Hearing there is no reason why we could not at least separate this chapter and put it at the tail end or in another fashion so we can accommodate Councilman Rountree and the conflicts that he has. Bird: Excuse me Mr. President Wardle: Mr. Bird. Bird: I believe that I'm like the Mayor I think we can — if Ted finds out that it is kind of a bit touchy and this would be Charlie's call too but I would want him involved with the rest of it. We can take three out and do it by itself. Meridian City Council Special Meeting June 7, 2005 Page 19 of 30 Canning: I'll work with Ted and Will to make the agenda work for what's ever decided. Wardle: Thank you Anna Canning: Okay now onto Chapter 4. Thank you for that nice break. 1 got more water and a throat lozenge. I also wanted to point out from Tricia Nielson from COMPASS also came here in kind of support of that section. Just so you know. Rountree: Thank you. Canning: Poor Tricia was with me the last time I did a Zoning Ordinance. She's had to go through this twice with me now. I think the last time I had a horrible cold too. As you can see as you flip through this we've got animal care facilities, arts, entertainment or recreation, artist studios it's just one or two standards for each for the most part that just allows us to address those particular concerns. As you get to daycare facilities you'll see more. This also addresses adult care and so there are some additional standards for those that are serving children but daycare does include adults and I just wanted to make that distinction known. Drinking establishment, drive-thru establishments. Drive-thru is one of those in the use standards we talked about it a lot It's an Accessory Use if you don't adjoin a residential district so then you don't have to go through that Conditional Use process. You only get kicked into that if you would join a residential district. Just so you know we did that with this as well as a number of other things that kind of got kicked into the Conditional Use if it was next to residential. De Weerd: Mr. President Wardle: Madam Mayor De Weerd: Is there a restriction on how many in certain proximity they can have? 1 guess for example, off of Eagle Road over just south of Krispy Kremes where the Kinkos and Starbucks and all of that there was a discussion during that Conditional Use Permit and that we didn't want anymore drive-thrus that two was enough. Maybe there is a bank building there too. It just seems that there needs to be a consideration of how many in one area. Canning: President Wardle Madam Mayor there is not. The only thing it says is that there shall have sufficient capacity to prevent obstruction to the public right of way by patrons. We did not include anything like that. I'm not sure how we would do that other than kicking them all into a Conditional Use process again. I'm trying to think and I'm not sure they could be close by one another as long as it was designed properly. It's one of those tricky design issues where if you've got somebody that's doing a poor job of coordinating these things then yes it could be a problem. Meridian City Council Special Meeting June 7, 2005 Page 20 of 30 Donnell: Mr. President. Wardle: Ms. Donnell. Donnell: A good example Anna, too, besides the Krispy Kreme area there is the Kentucky Fried Chicken, Bolos, Taco Bell area there. Have we done any kind of statistical gathering of numbers of accidents that have occurred in those areas? Canning: I haven't heard of any. Donnell: Perhaps the Police could respond to that better than -- but it just seems interesting to me that it isn't well designed and we ought to have some control over that as a city. Bird: Mr. President. Wardle: Mr. Bird. Bird: On the Kentucky Fried deal we turned that down. I hate CUP's but I think sometimes with drive-thrus you need to have CUP's because there is owners out there that's going to benefit themselves regardless of what it does to the traffic or to the other people. I think you've got it pretty well written in here that it is protected by a CUP. Wardle: And Anna I would say just for if you're going to look before you bring this forward for some clarification I agree that the majority of the bank buildings and dry cleaner buildings and things like that that we're talking about that do not abut residential properties should be permitted uses. I think that the — some language could be crafted as far as density of drive-thru — Canning: Just thinking I'll have to figure out a number for this but maybe like if there's another one within 500 feet or something like that. I'll try to think of some of — I'll go to some of those places that you've talked about and we'll pace it off and we'll try and figure out what's too much. When we have them right up against each other it's kind of obvious but sometimes we get two in one building. Wardle: Well and certainly and that's where a reasonable standard needs to be taken into place where again I think the residential buffering and the abutment of the residential property is the key distinction as to whether they're permitted and then potentially some either density or number of feet between the next drive-thru establishment could be established. Canning: And the other thing 1 might be able to look at because really it just seems to be on the food ones that we have the problem. I don't know if we can discriminate that way or not. I'll try and work with Ted but that seems to be really Meridian City Council Special Meeting June 7, 2005 Page 21 of 30 the only problem. The bank ones isn't a problem from what I know. If you could shine in on that that would be helpful. De Weerd: Mr. President Wardle: Madam Mayor. De Weerd: I guess a recent application that was in front of us was the bank that was being proposed just west of Albertson's on Cherry Lane and Ten Mile and the sharp corner you had to turn in order to get into that area then to get to the drive-thru. I don't know who designs these things but — Canning: No one did on that (inaudible). De Weerd: - probably the same person that designed the parking lot out at Home Depot. You know there has to be some reason to it as well. Like Council Member Donnell mentioned Starbucks and Wendy's that can be a mess over there too. I guess I don't like CUP's anymore than Councilman Bird does but there needs to be something that would trigger that if they don't like your determination that they can appeal or I don't know but good luck. Bird: Don't you know who designed that? The same one that designed the split corridor down here. Wardle: Thank you Anna. We'll wait for any thoughts that you may have forward to the hearing. Canning: Okay moving on. We better move on or we'll start talking about the speedway I'm sure. Secondary dwelling units this is a new one. This is something that actually Dave McKinnon had started to work on before he left so it's been kind of in the pipeline for a long time. l pretty much scrapped what he had suggested and kind of just came up with new stuff. Not to bad mouth Dave but this was more consistent to the model I had been working with. Do I need to explain what these are? These are basically granny units or granny flats or apartments that you let out to your teenage son or your college son that's come back and hasn't found a job yet or whatever. De Weerd: Doghouse. Canning: Doghouse yes. Guesthouse and things like that. They would be a maximum of 700 square feet in size. They would have to have one parking space and only one entrance door to either the single family dwelling or the second dwelling unit shall be located facing anyone's street. You wouldn't want to be able to see both front doors you could only see one front door for each elevation. The idea is to have it blend in with the surroundings. Meridian City Council Special Meeting June 7, 2005 Page 22 of 30 Rountree: Mr. President. Wardle: Mr. Rountree. Rountree: So my question is this could be a 15 -foot camper trailer with wheels taken off of it? De Weerd: No that's prohibited. Rountree: That's prohibited in there okay. Canning: Yes manufactured and mobile homes and recreational vehicles shall be prohibited for use as secondary dwelling units. It basically has to be a stick built. Rountree: Okay. Canning: Most of the manufactured homes would be too large. They wouldn't qualify based on size. These are allowed as a right the way we've got them right now. Part of the idea was to — this is a great way of saying that you're addressing the density issue. These basically double your density in any given zoning district. Now is everyone going to elect to do one no. Can everyone fit one on their property given their current setbacks probably not but this allows that opportunity and especially with an aging society that we have I think these granny units will become more and more important as the affordable housing option when they need some extra help taking care of things. There's my socialistic statement for the night. No slams against capitalists. Not that it was a slam it was just — never mind. Okay educational institutions. We had Wendell come in for this one and we talked to him a lot. They're principal permitted until they get a certain size and they become conditional. That size is in excess of 250,000 square feet within a residential district or if they have lighted fills adjoining or within a residential district or if they feel it's going to generate an excess of 1500 vehicle trips per day. If it takes access from a collector arterial street and there's not a safe separate pedestrian and bikeway access between the neighborhood and the school site then it would be a Conditional Use Permit. Otherwise they would be principal permitted uses. This was a — this is quite a few more standards than what we currently have but I'll make a note to make sure that Wendell gets a copy of this. I'm not sure that he's seen this recently. Donnell: Mr. President. Wardle: Ms. Donnell. Donnell: Anna I think there probably ought to be some consideration 1 guess or at least some thought provided to the idea of Charter Schools as well. I know educational institutions covers that but I think there were going to be seeing Meridian City Council Special Meeting June 7, 2005 Page 23 of 30 some requests for uses — facility uses for charter schools that would not meet the same standards as the school buildings. Canning: And I think our intent was that if you're an elementary school whether you're the School District Number 2 or whether you're a charter school then you should be playing by the same rules. So our intent was always that whether it's public or private if you're an educational facility then you meet the same standards. Donnell: With the exception Anna, that charter schools often are K-12 so they are not an elementary, middle or high school. Or at least they start out as K-6 or 8 with the intent of going all 13 grades. Canning: I think we're okay because we set out some different allowances for the different schools. Then there are some desirable institutional sizes but they're not really — it's just a desirable it wasn't a real standard. Then there are some exemptions for ones that have fewer than 150 students that basically have fewer than 150 then you kind of get to slide on a few of the standards. So that may help them in some way. Bird: Mr. President. Wardle: Mr. Bird. Bird: The thing I think is on the size Anna. You've got 61 to 71 for elementary. Middle is 120 to 130 and high school is 250 to 260. 1 think what Council Woman Donnell is saying is where does the K-12 fit into that. You've got an elementary, you've got a middle and you've got a high school. What square footage are we going to — so basically we do need at least a square footage? The student population is no big deal I don't think but the size is a deal because you can't -- a charter school doesn't have to have the square footage that a standard public school has because you've got less students even though you're taking all 13 grades you've got less students. They're just specialized. So, I think we need to add — you need to think about it Anna and add for charter school anything from K-12 a size there and get with Christine and stuff. She would have — I'm sure would have a perfect idea of what that square footage would be. Canning: President Wardle. Donnell: Particularly -W- oh excuse me Mr. President Wardle: Ms. Donnell. Donnell: Particularly the charter schools that have come forward mostly that are outside of those sponsored by the district are looking at 220 to 240 students so it doesn't even fit within this less than 150 because they want more than that. Meridian City Council Special Meeting June 7, 2005 Page 24 of 30 Wardle: And Anna as well I think maybe — I think what we're trying to tie this to in reality as far as building sizes is student population is the number of students. In addition, one of the things, which brings up within the charter school is eventually not maybe in the near future but eventually we might also see education institutions come forward in non-traditional neighborhood zones. There should be some sort of consideration within some of those zones to facilitate those needs. Canning: President Wardle if I could follow up on a couple of things. On that size one, one of the things I'll suggest when you have your Public Hearing is to just remove that because it's not even a standard and that takes care of the problem right there so I will remember to remind you about that because there's no need for it to be there it's just filling up space. That takes care of that whole issue. Regarding the allowed uses they are allowed in other districts. It was — we only felt that we needed the Conditional Use Process within the residential districts. Again, it's that compatibility issue so they are allowed in the commercial or some of the commercial and even the industrial districts as you look through those use charts. Then portable classrooms you know as long as we know about them beforehand then they're there they're there. Okay I'm going to have to speed up aren't I? Donnell: Oh I'm sorry Anna one more. Mr. President Wardle: Ms. Donnell Donnell: H on Page 7, 1 don't know that there are any minimum site area guidelines for the State Department of Education any longer. Canning: Okay I'll remember to remind you to take that one out too. Donnell But this is in terms of course that you're talking about private. I think those rules were sunset at along time ago. Canning: Okay. Adult entertainment this sets up a buffer requirement of 1000 feet. We did run maps on this so it needs to be within or outside of a 1000 feet of another adult entertainment establishment a church, schools, we probably need to change C just to be schools because 1 don't know where all the school bus stops are so I can't do a buffer from that one. Then parks or residential districts so we did set up those buffers. Signs it basically says they have to follow the other ones. Flex space that's only significant in that it's a new category that we hadn't had before. Home occupations we opened this up quite a bit. Basically if you've got a home occupation where you don't have clients and you don't have customers just do it don't even bother coming to us. If you've got some customers and you've got some clients then you need to come through and get it administratively and this just sets up some parameters for that. Multi -family Meridian City Council Special Meeting June 7, 2005 Page 25 of 30 development skipping over to Page 11. Again, a lot of this came from that discussion with Mr. Tomlinson and it looks very much like what you saw in the open space requirements. Moving on — most of these are pretty self-explanatory. Not a whole there to talk about. Just if like I said a few standards here and there to address some of the more intense uses so that they can just be principal permitted uses. The — on Page 22, 1 want to point out the vertically integrated residential project. This is a new one. This is basically zoning by layer of building rather than zoning by land so this is where you've got your retail, then your office then your residential similar to that Buich property. This just allows that type of project. It gives us a tool to recognize that it's multiple uses going on in a single structure. Then wireless communication facilities this is basically what you approved a little while back with Mr. McKinnon's ordinance amendment. Moving on to administration. The duties and authorities are pretty much the same but if you turn to Page 3 1 think this is the big one. You'll see that table 11- 5A-1 so what you've got is like an Accessory Use the recommending body there is none. Decision making body is the director and the process in N, which is administrated with public notice. There are some Accessory Uses like home occupation with no customers or clients where the process is just administrative so you'll see an A there. So now let's go down to Planned Unit Development. The recommending body would be Planning and Zoning Commission and the decision making body is the City Council and it's a Public Hearing process. So this clearly lays out who is recommending, who is making the decisions and what kind of process they go through. There are ones where Planning and Zoning is the decision making body as you'll see Conditional Use Permit is the big one. That's it actually. Then there's a number where the director is the decision making body. Vacations we change that one quite a bit not that you really care we care because we get tired of processing them when they really should be slam dunk so we just made them slam dunks basically. That will be an important one. Modifications to an approved permit just goes back to the same decision maker and processes the initial approval. The other one is if you have concurrent applications then whoever is making the last decision makes all the decisions. So like if it's something that involves and administrator decision and a P&Z decision and a City Council decision you guys make all the decisions that way it's not broken up along the way. Okay then all the Public Hearing process stuff is all the same. There's nothing different there it's just all in one section now so that it's easy to find and easy for people to follow. The fees we have not put in the fees we're just saying that you need to pay them basically and what to do if you want to waive them. Then as you get to Article B it goes into more detail on Certificate of Zoning Compliance, Unified Development Code Text Amendments, Annexations and Rezones and this where you'll find required Findings is in this section. So you'll notice on annexations and rezones right at the end there Page 3 required findings and then they're on Page 4 same with Variances. You've got the standard and then the required findings for each one. On Page 5 is the alternative compliance section. As you'll see, we added a lot of alternative compliance. This you should consider carefully because this just reflects how much you want to trust me in making these decisions is really what it is. You Meridian City Council Special Meeting June 7, 2005 Page 26 of 30 should be comfortable with these because these are where the wiggle room comes in and whether or not you feel comfortable with that will be important to know. I won't be offended if you take some of them away from me. There are standards and findings for that as well. Conditional Use Permits basically process standards findings and then time limitations and extensions. This one is a little longer because it does talk about Time Extension and this has the termination clause and multiple phases, transfers and modifications, revocation and then an aggrieved person so CU's that section is a little bit longer than the others. Surety Agreements we just cleaned this up. We did take out bonding. We've basically limited it to letters of credit and cash because that's all we ever wanted to deal with. We didn't want to deal with the bonds because they're not very easy to work with so most everybody seems agreeable with the letters of credit so we felt that that was pretty safe. Okay subdivision if I can get through this we'll be almost there. The subdivisions regulations have been trimmed down significantly to only have subdivision stuff in there. My goal was to get all the standards out of it basically and just leave the stuff that really pertains to subdivisions in there so that's what we have. I want to point out a couple new things. We have the Preliminary Plat process and Final Plat process that you're all familiar with and then we have combined Preliminary and Final Plat process which is still the same it's just not exceed 4 lots and that's excluding landscape lots we made that clear in this one that those weren't counting against them. Then we have a short plat. This is a new one. This is an attempt to deal with the industrial and commercial projects where they come in and they don't really know what they want and they end up wanting to do resubdivision and things like that so this is an attempt to address that. Basically what it says is that you can qualify for a short plat if you're within an industrial commercial TNC or Old T District and if it's an original parcel of record or if it's a lot in a recorded subdivision. As long as it has not been the result of previous short plat so we didn't want people doing a short plat, then a short plat and a short plat and that kind of thing trying to bypass you so it has to not to be the result of a previous short plat. Then the proposed subdivision does not exceed four lots buildable lots on a previous platted property — there's my tongue twister for the day or does not exceed two lots on a parcel of land. Or if it's a condominium plat. So a condominium plat the development has already been approved you guys don't need to see it basically yet. If it's a lot in a subdivision and they want to make four lots out of it and you guys saw the lot that it was created from you guys don't need to see it again I can just go through the administrative process. If it's a parcel of ground and they want to go to two lots then you guys don't need to see it so it's kind of codifying the reduction in platting requirements that you've been seeing already. ***End Of Side Two*** Canning: -- term of permits is the same so even though that short plat — even though you don't see it it still gets signed by all the same people so it will be a recorded plat. So it will be more than what we're getting now with our reduction in platting because that's really just a survey that this will be an actual plat it just Meridian City Council Special Meeting June 7, 2005 Page 27 of 30 won't go through the Planning and Zoning and City Council hearing process. Property boundary adjustments we changed a little bit. We made it so that you can actually reduce the number of buildable lots with a property boundary adjustment and that you can do it on parcels not just on lofts. The improvement standards are pretty much the same. The only ones that are different are the block lengths for the TNC and the TNR district we were made sure that these were very short blocks because we have that reduced width we wanted very short blocks to make sure that they had another way to get there. So even though they're narrower roads there's one every 500 feet basically so you can get in there through an alternate means so this was one of the compromises on the narrower streets or an attempt at it anyway. Planned Unit Developments big change here is no more use exception. I want to make sure that sunk in no more use exception or use variance as one might call it. The Comp Plan has a designation that's the designation you go with so no more commercial in an industrial area that would require a Comp Plan Amendment from now on. The PIG was quite comfortable with this actually. The one thing we did allow regarding uses for the Planned Development if you had a Planned Development and say daycares were — well no daycares aren't a good example. Say townhouses were a Conditional Use in the district that you've got and you wanted them to be a principal permitted use that would — you could ask for that to occur. So if there were uses that were normally accessory or conditional you could ask for them to be principal permitted uses through the PD process. Okay we hope to see less planned developments just for the sake of having reduced standards. Hopefully we have those standards at the place where they feel comfortable now and they can meet those standards rather than having to go through the PD process. That was really the intent there was to make this PD for unique projects that should be Planned Unit Developments. One where you've got a large clustering around a natural feature or something like that. Really the intent was to limit the number of these we see and really have them meet the adopted standards. With that, I'll end my presentation other than to ask when you would like to have this before you again. Would you like another workshop, would you like to just go ahead and schedule hearings? We will need a couple of weeks before you can have your first hearing because there is some special noticing we need to do. Wardle: Thank you Anna and I would like to thank you individually for all the work that you've done on this and your staff and all the volunteers. It's wonderful and certainly has been a taxing process but one that will help our community. With that, would the preference be to read it individually, have another workshop or just bring it to Public Hearing Council? Rountree: Mr. President. Wardle: Mr. Rountree. f Meridian City Council Special Meeting June 7, 2005 Page 28 of 30 Rountree: I would like an opportunity at least to read a couple of chapters in here and look at some of the little hot spots that Anna pointed out. Once that's done then I would expect it in two weeks. That would be sufficient to do that then schedule it for a Public Hearing, Wardle: One of the questions I have Anna, in the meantime, knowing that from a number of individuals and a number of groups that this was coming to the Council tonight for a workshop session waiting for it to be presented and out in the open so everyone could comment. Who is going to be taking any interim public comment before it goes to Public Hearing? Does that make sense? Canning: Yes I've been taking those. Wardle: Okay. De Weerd: So comment from Council? Canning: Yes. Wardle: Comment from outside sources. People that have been expecting the new code and those kinds of things. Other — I guess public comment public testimony. Canning: Yes. This is similar to any application this is an act of application. The Planning and Zoning Commission has recommended approval of this document to you so the Clerk's Office and 1 or my office will take the public comment and then we'll be sure to present that to you at your first Public Hearing. Wardle: Thank you. Council take under advisement that we would like to review this individually and then our next regularly scheduled meetings is two weeks. At that time I believe we could either set an additional workshop or recommend it to come for a Public Hearing. Is anyone comfortable having two weeks to review that and then to make a timeline? Bird: I feel comfortable Shawn. Wardle: Again Anna thank you very much. Canning: Sir, I need to ask for clarification. So are we having a Public Hearing in two weeks? Wardle: No the direction is to allow us two weeks to digest the information and at the two week marker to either request an additional workshop or direct staff to notice it for Public Hearing before the Council. Meridian City Council Special Meeting June 7, 2005 Page 29 of 30 Canning: So at a minimum it will be just so you're clear like a month before your first Public Hearing because it takes us two weeks lead-time on the Public Hearing. Wardle: Right. Yes. De Weerd: Mr. President. Wardle: Madam Mayor. De Weerd: Anna are you going to be doing fees at the same time? Canning: Yes I'm trying to wrap up both the Old Town design guidelines and the fees, new application forms and all that so we will madly be working on that for the next month yes. I guess they would need to come with this depending on how many hearings you think there will be we can try and have the fees ready for that first Public Hearing. De Weerd: Would that be the preference of Council? Rountree: That would be my preference. Wardle: My preference as well. All right. Council that brings us to the end of our Special Meeting Agenda. I would entertain a motion to adjourn. Rountree: So moved. Bird: Second. Wardle: It's been moved and second to adjourn our Special Meeting for June 7th All in favor. Adjourned at 6:30. MOTION CARRIED: ALL AYES MEETING ADJOURNED AT 6:30 PM (TAPE ON FILE OF THESE PROCEEDINGS) MEETING ADJOURNED AT 6:50 P.M. APPROVED: &57 TAMMY E EERD, MAYOR DATE APPROVED Meridian City Council Special Meeting June 7, 2005 Page 30 of 30 c ATTESTED:"-�i� /� AL WILLIAM G. BERG, R., CITY C K , ,��`� 0 Cb �/111111M 1111i`� 1�6s,-r _[0 bu c "foke -__MaAZS- CITY COUNCIL SPECIAL MEETIN. AGENDA Tuesday, June 7, 2005 at 5:00 p.m. City Council Chambers 33 East Idaho Avenue, Meridian, Idaho 1. Roll -call Attendance: Shaun Wardle Christine Donnell Charlie Rountree Keith Bird Mayor Tammy de Weerd 2. Adoption of the Agenda: 4. presentation f Introduction of the New Unified Development Code: Meridian City Council Special Meeting / Workshop Agenda — June 7, 2005 Page 1 of 1 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk`s Office at 8884433 at least 48 hours prior to the public meeting. CITY OF in.�€-Ia 6�Ji �Rn �` TRE�15l1RE V1`u�Y SINGE 19!13 MAYOR Tammy de Weerd CITY COUNCIL MEMBERS Keith Bird Christine Donnell Charles M. Rountree Shaun Wardle CITY DEPARTMENTS Fire 540 E. Franklin Road 888-1234 / fax 895-0390 Parks & Recreation 11 W. Bower Street 888-3579 /fax 898-5501 Planning 660 E. Watertower Lane Suite 202 884-5533 /fax 888-6844 Police 1401 E. Watertower Lane 888-6678 / 846-7366 Public Works 660 E. Watertower Lane Suite 200 898-5500 / fax 898-9551 - Building 660 E. Watertower Lane Suite 150 887-2211 / fax 887-1297 - Wastewater 3401 N. Ten Mile Road 888-2191 / fax 884-0744 - Water 2235 N.W. 8th Street 888-5242 / fax 884-1159 MERIDIAN CITY COUNCIL NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold a Special Meeting I Workshop at City Council Chambers, Meridian City Hall, 33 East Idaho Avenue, Meridian, Idaho, on Tuesday, June 7th, 2005 at 5:00 pm. The Meridian City Council will be discussing and reviewing the following item: ^- Presentation / Introduction of the New Unified Development Code The public is welcome to attend. 11 s� Grp DATED this 3rd day of June, 2005. WILLIAM G. BERG, F -F; CLERK d QA 3 t Meridian City Council Special Meeting /Workshop —June 7, 2005 I All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and / or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. CITY HALL 33 EAST IDAHO AVENUE MERIDIAN, IDAHO 83642 (208) 888-4433 CITY CLERK —FAX 888-4218 CITY ATTORNEY/ HR —FAX 884-8723 FINANCE & UTILITY BILLING — FAX 887-4813 MAYOR'S OFFICE —FAX 884-8119 Printed on recycled paper ** TX G. 2MATIDN REPORT xk AS OF 7uN 03 '05'. _5 PPSE.01 CITY OF MERIDIAN DATE TIME Til/FROM MODE MIN/SEC PGS CMDtt STATUS 09 06/03 16:47 3810169 EC--S 00'40" 001 231 OK 10 06/03 16140 PUBLIC WORKS EC--S 00'28" 001 231 OK 11 OE/03 16:49 8841159 EC--S 00129" 001 231 OK 12 06/03 16:50 2088840744 EC--S 00`29" 001 231 OK 13 06/03 16:51 POLICE DEPT EC--S 00129" 001 231 OK 14 06/03 16:52 8985501 EC--S 00'28" 001 231 DK 15 06/93 16:53 LIBRARY EC--S 00136" 001 231 OK 16 06/03 16:54 920B3775449 EC--S 00128" 001 231 OK 17 06/03 16:55 3886924 EC--S 00'29" 001 231 OK 18 06/03 16:56 P-AND-2 EC--S 20'28" 001 231 OR 19 96/03 16:57 208 693 0390 EC--S 00'28" 001 231 OK 20 06/03 16:58 1293WO40 G3--S 00'32" 001 231 OK 21 06/03 16:59 208 387 6393 EC--S 00128" 001 231 OK 22 06/03 17:00 ADA CTY DEVELMT EC--S 00'2B" 001 231 OK 23 06/03 17:01 2088885052 EC--S 00'29° 001 231 OK 24 06/03 17:02 CHERRY LANE 63--S 00'44" 001 231 OK 25 06/03 17:03 IDAHO ATHLETIC C EC--S 00'28" 201 231 OK 26 06/03 17:04 ID PRESS TRIaJNE EC--S 00'28" 001 231 OK 27 0S/03 17:06 2088886701 EC--S 00'28" 001 231 OK --------------------------------------------------------------------------------- r4'wlhenaor VY+b" � leas MAYOR Tammy de Wecrd CtTY COUNCIL MEMBLRS Keith Bird Christine Donnell Charles M. Rountree Shaur, Wardle CITY DFYARTMSNTS Fire 540 B. Pranitlin ]toad €188-1231 / fax 895.0390 Parks & ]recreation I1 W. Bowcr Street RBP�3579 / fax 898.5501 Planning 660 E. Watertower bane sults 202 884-5533 / lax 888-6644 Po€ice 3401 E. Watertower Lane 888-6676 / 846.7368 PubLc Works 660 E. Watertower bane Suite -200 89S-5500 / fax 698-9551 Building 660 r. Watertower Lane Suite 150 $87-2211 / fax 887-1297 Wastewater 3401 N. Ten Mae Road 886-2191 / fax 864-0744 Water 2235 N.W. 8th Street 886.5242 / fax 884-1159 NOTICE OF SPECIAL MEETING 1 WORKSHOP MERIDIAN CITY COUNCIL NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold a Special Meeting I Workshop at City Council Chambers, Meridian City Hall, 33 East Idaho Avenue, Meridian, Idaho, on Tuesday, June 7th, 2005 at 5:00 pm. The Meridian City Council will be discussing and reviewing the following item: -- Presentation l introduction of the New Unified Development Code The public is welcome to attend. nxar^r_n��, BATED this 3rd day of ,lune, 2005, WILLIAM G. BERG, CLERK Merldlan City council Spacial Meeting I Workshop -.lune 7, 2005 All materials presented ut public meetings shall become property of the City of Meridian - Anyone desiring accommodation for disablliGes related to documents and / orhearing, please contact the City Cleriks Office at 888-4433 at least 48 hours prior to the public Meeting CTTY HAIL 33 I Ase IDAHO AVF7,mE 1M7.r•.11roIM, IDAHO 53642 (208) 888-4433 C1TYC:€F.RX-FAXSSS-•-11a Cr1 YATTOFN5Y/HR'PAX 6543773 nr"C"' t1TF:€TY ar[.LINO-FAX 8874a13 MAYORS OFF1f.F.- FAX 694$119 Printed on tecytilsd p.F,, ** TX CON>,. ..4TION REPORT *m DATE TIME TO/FROM 01 06/03 16:39 128300040 02 06/03 16:413 208 387 6393 03 06/03 16:41 ADA CTY DEUELMT 04 06/03 16:42 2068885052 05 06/03 16:43 CHERRY LANE 06 06/03 16'44 IDAHO ATHLETIC C 07 06/03 16=45 ID PRESS TRIBUNE 08 06/03 16:46 2088896701 AS OF JUN 03 'b- 16:46 PAGE.01 CITY OF MERIDIAN MODE MIN/SEC PGS CMD4 STATUS G3 --S 00'24" 001 230 OK EC --S 00'18" 001 230 OK EC --S 00'19" 001 230 OK EC --S 00'19" 001 230 OK G3 --S 00'37" 001 230 OK EC --S 00'18" 001 230 OK EC --S 00119" 001 EC --S 00'18" 001 230 OK 230 OK � � �i�. I�os-r�r `1_)wbUc Wce- lha4'�Is CITY OF MERIDIAN CITY COUNCIL SPECIAL MEETING / WORKSHOP AGENDA Tuesday, June 7, 2005 at 5:DD p,m. City Council Chambers 33 East Idaho Avenue, Meridian, Idaho ?. Roil -call Attendance: Shaun Wardle Christine Donnell Charlie Rountree Keith Bird Mayor Tammy de Weerd 2- Adoption of the Agenda: 4. Presentation / Introduction of the New Unliflo J. Deve oAment Code. Meridian CRY Council Special Meeting /Workshop Agenda —,lune 7, 2006 Paget of t All materials presented at public meetings shall become property of the City of Meriden. -4433 at feast 48 hours prior to the public mor hearingso Anyone desiring occarrut�odadon for disabilides related to documents and/o,ting, please contact tine City Clerks Office at f368 DATE TIME TO/FROM 20 06/03 26:27 3810160 21 06/03 16=28 PUBLIC WORKS 22 06/03 16:29 8B41159 24 06/03 16:31 2088840744 26 06/03 16:34 POLICE DEPT 27 06/03 16:34 6985501 28 06/03 16:35 LIBRARY 29 06/03 16:36 92093776449 30 06/03 16:37 3886924 31 06/03 16:37 P—AND—Z 32 06/03 16:38 208 895 0390 i� AS OF JUN 03 '05 _0=39 PAGE.01 CITY OF MERIDIAN MODE MIN/SEC PGS CMD# STATUS EC --S 00'26" 001 230 OK EC ---S 00119" 001 230 OK EC --S 00119" 001 230 OK EC --S 00119" 001 230 OK EC --S 00'18" 001 230 OK EC --S 00119" 001 230 OK EC --S 00'20" 001 230 CK EC --S 00'19" 001 230 OK EC --S 00'18" 001 230 OK EC --S 00,19" 001 230 OK EC --S 00119" 001 230 CK q�:e-.�6Sfiv !�UbG'C NbiiCe= 1115 CITY OF MERIDIAN CITY COUNCIL, SPECIAL. MEETING I WORKSHOP AGENDA Tuesday, June 7, 2005 at 5:00 p.m, City Council Chambers 33 East Idaho Avenue, Meddian, Idaho 1. Roll -call Attendance: Shaun Wardle Christine Donnell Charlie Rountree Keith Bird Mayor Tammy de Weerd 2• Adoption of the Agenda: 4. Presentation I Introduction of the New Uni¢ Dove o men" ade: Meridian City Council Special Meeting I Workshop Agenda —June 7, 20D5 Page i of 1 Ail matahats presented at public meetings shalt become property of the City of Meridian. Anyone desiring eceommod4on for disabilities related to docurnents andfor hearings, Please canted the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting, i [ f. CITY OFII�nHo t� rd�'f FtI.:hSL'ftl: V,aurY isu3 MAYOR Tammy de Weerd CITY COUNCIL MEMBERS Keith Bird Christine Donnell Charles M. Rountree Shaun Wardle CITY DEPARTMENTS Fire 540 E. Franklin Road 888-1234 / fax 895-0390 Parks & Recreation 11 W. Bower Street 888-3579 / fax 898-5501 Planning 660 E. Watertower Lane Suite 202 884-5533 / fax 888-6844 Police 1401 E. Watertower Lane 888-6678 / 846-7366 Public Works 660 E. Watertower Lane Smite 200 898-5500 /fax 898-9551 - Building 660 E. Watertower Lane Suite 150 887-2211 / fax 887-1.297 - Wastewater 3401 N. Ten Mile Road 888-2191 /.fax 884-0744 - Water 2235 N.W. 8th Street 888-5242 / fax 884-1159 MERIDIAN CITY COUNCIL NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold a Special Meeting / Workshop at City Council Chambers, Meridian City Hall, 33 East Idaho Avenue, Meridian, Idaho, on Tuesday, June 7th, 2005 at 5:00 pm. The Meridian City Council will be discussing and reviewing the following item: - Presentation / Introduction of the New Unified Development Code The public is welcome to attend. DATED this 3rd day of June, 2005.�;� WILLIAM G. BERG, 11 CLERKfS7' -jet S ?k 1. Meridian City Council Special Meeting /Workshop —June 7, 2005 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and / or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. CITY HALL 33 EAST IDAHO AVENUE MERIDIAN, IDAHO 83642 (208) 888-4433 CITY CLERK -FAX 888-4218 CITY ATTORNEY/ FIR -FAX 884-8723 FINANCE & UTILITY BILLING -FAX 887-4813 MAYOR'S OFFICE -FAX 884-8119 Printed on recycled paper Revised 6-7-05 CITY OF MEWDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, June 7, 2005 at 7:00 p.m. City Council Chambers 33 East Idaho Avenue, Meridian, Idaho 1. Roll -call Attendance: X Shaun Wardle X Christine Donnell X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd 2. Pledge of Allegiance: Erik Henker Boy Scout 132 3. Community Invocation by Joe Anderson, with Cole Community Church: Presented 4. Adoption of the Agenda: Approve 5. Consent Agenda: A. Approve Minutes of May 10, 2005 City Council Regular Meeting: Approve B. Approve Minutes of May 17, 2005 Pre -Council Meeting: Approve C. Approve Minutes of May 17, 2005 City Council Regular Meeting: Approve D. Findings of Fact and Conclusions of Law for Approval: VAR 05-008 Request for a height Variance from the maximum height of 40 feet to 58 feet for a recreational attraction for Boondocks Fun Center by Boondocks Fun Center — Meridian, LLC — 1385 South Blue Marlin: Approve E. Water Main Easement Agreement for DeMe er Furniture: Approve F. Water Main Easement Agreement for Heritage Auto: Approve G. Meridian Sr. Center Rehabilitation Proiect Change Order # 1: Approve Meridian City Council Meeting Agenda -- June 7, 2005 Page 1 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Revised 6-7-05 H. Request for Funds No. 3 for Meridian Sr. Center Rehabilitation Project ICDBG 04 -111 -01 -SR: Approve I. Well 27 Test Well Change Order # 1 (Final) with Treasure Valley Drilling Approve J. Contract with Civil Survey _ for WWTP Effluent Reuse Study: Approve - K. Two Party Agreement with W.H. Moore for Water and Sewer on East Ustick: Approve L. Approve Bills: Approve M. Approve Beer and Liquor Licenses for Mach Robin, LLC for Red Robin Restaurant at 1475 North Eagle Road: Approve 6. Department Reports: A. Attorney's Office — Bill Nary 1. Update on Solid Waste Ad Hoc Advisory Committee: 2. Request for A roval of Two Recycling Projects recommended by Committee: Picnic Tables for River Valley Elementary School and bike racks for Peragrine Elementary School 3. Discussion of Ordinance for Using Public or Private Property as a Thruway Street: Presented Drafts 4. Update on Handbook Policies: Presented Drafts of Cell phones, Compensation Program, director Benefits B. Planning and Zoning Department: 1. Update on Downtown Transportation by Steve Siddoway: Brad Hawkins -Clark 2. Presentation by Dillon Smith on Masters Thesis "Downtown Civic Center": Presented 7. Items Moved from Consent Agenda: Meridian City Council Meeting Agenda —June 7, 2005 Page 2 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Revised 6-7-05 8. Presentation for Meridian Gateway Signage of Findings, Solutions and Budget Information by Walter Lindgren: Go Ahead 9. Continued Discussion from May 17, 2005: Discussion of Black Rock Subdivision by Brad Watson, Public Works Director: Approve Option B reporting Back July 12, 2005 10. FP 05-033 Request for Final Plat approval of 78 single-family residential building lots and 12 common lots on 24.12 acres in a R-8 zone for Cedar Springs Subdivision No. 8 (preliminary platted as Cedar Springs North) by Howell -Murdoch Development Corporation — south of McMillan Road and west of Meridian Road: Approve 11. FP 05-034 Request for Final Plat approval for 43 single—family residential building lots, 1 school lot, 3 office lots and 6 common lots on 34.79 acres in an R-4 zone for Bridgetower Crossing Subdivision No. 12 by Primeland Development, LLP — south of McMillan Road and east of Ten Mile Road: Approve 12. TE 05-003 Request for approval of a one-year time extension to file the final plat for McNelis Subdivision by Engineering Solutions, LLP — northwest corner of West Ustick Road and North Ten Mile Road: Approve 13. TE 05-004 Request for approval of a one-year time extension to record the final plat for Bridgetower Crossing _Subdivision No. 7 by Engineering Solutions, LLP — southeast corner of North Ten Mile Road and McMillan Road: Approve "Although the City of Meridian no longer requires sworn testimony, all presentations before the Mayor and City Council are expected to be truthful and honest to best of the ability of the presenter." 14. Public Hearing: Justice Assistance Grant with Meridian Police Department: Approve and Proceed with Grant 15. Public Hearing: VAC 05-004 Request for a Vacation of platted easements for Krispy Kreme Subdivision by Eagle -Fairview Investment Co., LLC — Lot 1 of the Krispy Kreme Subdivision: Approve Findings of Fact and Conclusions of Law and Prepare Resolution 16. Public Hearing: VAC 05-005 Request for a Vacation of a portion of a 20 - foot utility easement between Lots 20 & 21, Block 1, Stokesber Subdivision No. 2 by Properties West, Inc. — west of North Eagle Road and north of River Valley Street: Approve Findings of Fact and Conclusions of Law and Prepare Resolution Meridian City Council Meeting Agenda — June 7, 2005 Page 3 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Revised 6-7-05 17. Public Hearing: CUP 05-017 Request for a Conditional Use Permit to construct 7 office buildings in a previously approved Planned Unit Development of Lot 6, Block 1 of Resolution Subdivision No. 1 for Sagecrest Subdivision by Larry Sundell — south of East Overland Road and east of South Locust Grove Road: Approve Findings of Fact and Conclusions of Law as Amended 18. Public Hearing: CUP 05-016 Request for a Conditional Use Permit 1 Planned Development for two buildings on one lot in an I -L zone for Ferguson Enterprises by Ferguson Enterprises, Inc. — north of East Franklin Road and west of Nola Road: Approve Findings of Fact and Conclusions of Law for Approval 19. Public Hearing: CUP 05-018 Request to amend the existing Conditional Use Permit 1 Planned Development to allow for a maximum building height of 58 -feet in a C -C zone for Lots 1 & 2 and the southern portion of Lot 9, Block 5 for Marriott Courtyard at EI Dorado by BRS Architects — NWC of East Tarpon Drive and South Eagle Road: Approve Findings of Fact and Conclusions of Law for Approval 20. Public Hearing: VAR 05-011 Request for a Variance to allow a second free-standing monument sign on the same street frontage for King Electric Signs for King Electric Signs --2200 South Cobalt Pointe Way: Re -Notice for July 19, 2005 21. Amendment to Ordinance No. 04-1093 RZ 04-007 Request for a Rezone of 10.69 acres from R-4 to R-4, R-8 and L -O zones for Tiburon Meadows Subdivision by Tiburon Meadows, LLC — 1450 and 1460 North Ten Mile Road: Approve 22. Ordinance No. 05-1154 : RZ 05-006 Request for a Rezone of 4.65 acres from R-4 to L -O zone for Verona Subdivision No. 3 by Primeland Development, LLP — northeast corner of North Ten Mile Road and West Milano Drive: Approve 23. Ordinance No. 05-1155 : RZ 05-003 Request for a Rezone of 4.42 acres from a R-8 PD zone to a C -N zone for Quenzer Commons Commercial by Landmark Properties, LLC — west of Locust Grove Road and north of Heritage Park: Approve 24. Executive Session as per Idaho State Code 67-2345 (1) (c): Meridian City Council Meeting Agenda — June 7, 2005 Page 4 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Revised 6-7-05 CITE' OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, June 7, 2005 at 7:00 p.m. City Council Chambers 33 East Idaho Avenue, Meridian, Idaho 1. Roll -call Attendance: Shaun Wardle �� Christine Donnell Charlie Rountree x Keith Bird X _ Mayor Tammy de Weerd 2. Pledge of Allegiance: 4!5�fik jean../rk. (3a y X60it, f' /3Z 3. Community Invocation by Joe Anderson, with Cole Community Church:��,A,��� 4. Adoption of the Agenda: aN0-vvv,4J 5. Consent Agenda: A. Approve Minutes of May 10, 2005 City Council Regular Meeting: 4�1"Vuc� B. Approve Minutes of May 17, 2005 Pre -Council Meeting: a77w'}"K-- C. Approve Minutes of May 17, 2005 City Council Regular Meeting: o7y;j-p—.(-- D. Findings of Fact and Conclusions of Law for Approval: VAR 05-008 Request for a height Variance from the maximum height of 40 feet to 58 feet for a recreational attraction for Boondocks Fun Center by Boondocks Fun Center - Meridian, LLC - 1385 South Blue Marlin: qj)vvw_._ E. Water Main Easement Agreement for DeMe er Furniture: F. Water Main Easement Agreement for Heritage Auto: Af1r"V- G. Meridian Sr. Center Rehabilitation Pro'ect Change Order # 1: H. Request for Funds No. 3 for Meridian Sr. Center Rehabilitation Proiect ICDBG 04 -111 -01 -SR: ap1"%%vv_ Meridian City Council Meeting Agenda — June 7, 2005 Page 1 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Revised 5-7-05 1. Well 27 Test Well Change Order # 1 Final with Treasure Valle Drilling: * r VLC__ J. Contract with Civil Survey for WWTP Effluent Reuse Stud K, Two -Party Acireement with W.H. Moore for Water and Sewer on East Ustick: L. Approve Bills: M. Approve Beer and Liquor Licenses for Mach Robin, LLC for Red Robin Restaurant at 1475 North Eagle Road: 4irPnaw_1 6. Department Reports: A. Attorney's Office — Bill Nary Y M—MOL 1. Update on Solid Waste Advisory Committee: 516V1 2. Request for A roval of Two Recycling Projects recommended b Committee;,p&r% c.211&.4leri*�,-P_,Ve,LVwlle� �i�Fi g !;t 2q4 -Peru pAt &7u• o � 7e' 3. Discussion of Ordinance for Using Public or Private Property as a Thruway Street: lPrG "t c 4. Update on Handbook Policies: of C�.P,Cr1ho`�t_rr Cm�„.�orin-da�i���ra-� � di�e�fttr'J 6-ea+e{r� B. Planning and Zoning Department 1. Update on Downtown Transportation by -Steve- 2. Presentation by Dillon Smith on Masters Thesis "Downtown Civic Center": Rreaw* d. 7. Items Moved from Consent Agenda: 8. Presentation for Meridian Gateway Signage of Findings, Solutions and Budget Information by Walter Lindgren: 6-v e.4e_&a. 9. Continued Discussion from May 17, 2005: Discussion of Black Rock Subdivision by Brad Watson, Public Works Director: k /up6ocA, 7A:1j /z7—, Zia✓ 10, FP 05-033 Request for Final Plat approval of 78 single-family residential building lots and 12 common lots on 24.12 acres in a R-8 zone for Cedar Sprin-cis Subdivision No. 8 (preliminary platted as Cedar Springs Meridian City Council Meeting Agenda — June 7, 2005 Page 2 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Revised 6-7-05 North) by Howell -Murdoch Development Corporation — south of McMillan Road and west of Meridian Road: 11. FP 05-034 Request for Final Plat approval for 43 single --family residential building lots, 1 school lot, 3 office lots and 6 common lots on 34.79 acres in an R-4 zone for Primeland Development, rrLLPt� south of McMillan 'wer Crossing Subdivision No. 12 by Road and east of Ten Mile Road: k"_ 12. TE 05-003 Request for approval of a one-year time extension to file the final plat for McNelis Subdivision by Engineering Solutions, LLP — northwest corner of West Ustick Road and North Ten Mile Road:vtactie 13. TE 05-004 Request for approval of a one-year time extension to record plat for B the final p rid etower Crossing _ ' q ng Subdivision No. 7 by Engineering Solutions, LLP -- southeast corner of North Ten Mile Road and McMillan Road: v -e - "Although the City of Meridian no longer requires sworn testimony, all presentations before the Mayor and City Council are expected to be truthful and honest to best of the ability of the presenter." 14. Public Hearing: Justice Assistance Grant with Meridian Police Department: �rvyv_ 0,,,4 /97-9 cze,a 1,iI., C-irA._;t 15. Public Hearing: VAC 05-004 Request for a Vacation of platted easements for Krispy Kreme_ Subdivision by Eagle -Fairview Investment Co., LLC — Lot 1 of the Krispy Kreme Subdivision: tete-&-c- c! -e 16. Public Hearing: VAC 05-005 Request for a Vacation of a portion of a 20 - foot utility easement between Lots 20 & 21, Block 1, Stokesbery Subdivision No. 2 by Properties West, Inc. — west of North Eagle Road and north of River Valley Street:rawc 17. Public Hearing: CUP 05-017 Request for a Conditional Use Permit to construct 7 office buildings in a previously approved Planned Unit Development of Lot 6, Block 1 of Resolution Subdivision No. 1 for Sagecrest Subdivision by Larry Sundell — south of East Overland Road and east of South Locust Grove Road: 16 71-1 18. Public Hearing: CUP 05-016 Request for a Conditional Use Permit Planned Development for two buildings on one lot in an I -L zone for Ferguson Enterprises by Ferguson Enterprises, Inc. — north of East Franklin Road and west of Nola Road: Meridian City Council Meeting Agenda — June 7, 2005 Page 3 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Revised 6-7-05 19. Public Hearing: CUP 05-018 Request to amend the existing Conditional Use Permit 1 Planned Development to allow for a maximum building height of 58 -feet in a C -C zone for Lots 1 & 2 and the southern portion of Lot 9, Block 5 for Marriott Courtyard at El Dorado by BRS Architects – NWC of East Tarpon Drive and South Eagle Road: ��flf`r�v�c. tel- t4 el -e - 20. l -- 20. Public Hearing: VAR 05-011 Request for a Variance to allow a second free-standing monument sign on the same street frontage for King Electric S „, ns for King Electric Signs 2200 South Cobalt Pointe Way: „ig-- I-e–"fig. ?<� --r" /Y IISplh- 21. Amendment to Ordinance No, 04-1093 RZ 04-007 Request for a Rezone of 10.69 acres from R-4 to R-4, R -S and L -O zones for Tiburon Meadows Subdivision by Tiburon Meadows, LLC – 1450 and 1460 North Ten Mile Road: epp"""-- 22. Ordinance No. !r%J�� �✓��' RZ 05-006 Request for a Rezone of 4.65 acres from R-4 to L -O zone for Verona Subdivision No. 3 by Primeland Development, LLP -- northeast corner of North Ten Mile Road and West Milano Drive: tea•-w� 23. Ordinance No. 6"5-1005'2 RZ 05-003 Request for a Rezone of 4.42 acres from a R-8 PD zone to a C -N zone for Quenzer Commons Commercial by Landmark Properties, LLC – west of Locust Grove Road and north of Heritage Park: 4112y Kr L_ 24. Executive Session as per Idaho State Code 67-2345 (1) (c): Meridian City Council Meeting Agenda — June 7, 2005 Page 4 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. J u ly 22, 2005 MERIDIAN CITY COUNCIL MEETING July 26, 2005 APPLICANT ITEM NO. 5-B REQUEST Approve Minutes of ,tune 7, 2005 City Council Regular Meeting AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Staff Initials: Materials presented at public meetings shalt become property of the City of Meridian. COMMENTS Date: Phone: Meridian CKV Council Meeting June 7 2005. The regular meeting of the Meridian City Council was called to order at 7:00 P.M., Tuesday, June 7, 2005, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Keith Bird, Shaun Wardle, Charlie Rountree, and Christine Donnell. Others Present: Bill Nary, Will Berg, Brad Hawkins -Clark, Brad Watson, Bill Musser, Joe Silva, Len Grady, John Overton, and Dean Willis. Item 1: Roll -call Attendance: Roll call. X Shaun Wardle X Christine Donnell X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd De Weerd: I will go ahead and call the regular City Council meeting to order. It is June 7th. It's five minutes after 7:00 o'clock. Welcome. We appreciate you joining us tonight. We will start tonight's meeting with roll call attendance. Item 2: Pledge of Allegiance: De Weerd: Thank you. Item No. 2 is the pledge of allegiance. We will be led today by Eric Hempker and he is with Troop 132. Welcome, Boy Scouts. Please rise. (Pledge of Allegiance recited.) De Weerd: Eric, if you will come up front, I would like to give you a City of Meridian pin for leading us in the pledge tonight. I'm sure you are all here and I will give the rest of your troop one as well. I think you're probably here earning your citizenship badge -- merit badge? Well, great. Well, good luck with that. Thank you. Item 3: Community Invocation by Joe Anderson, with Cole Community Church: De Weerd: Item No. 3 is our community invocation and we will be led tonight by Joe Anderson with Cole Community Church. Please join us in the community invocation or take this opportunity for a moment of silence. Joe, welcome. Anderson: Let's bow our heads. May the God of endurance and encouragement give you a spirit of unity among yourselves as you follow Christ Jesus. Romans 5:5. Thank you, Heavenly Father for being the God of endurance, the one who can be counted on to preserve when all else fails. Thank you for encouraging us, for lifting up our hearts when we are down, for opening our eyes to see your beauty in life. Be with the City of Meridian City Council June 7, 2005 Page 2 of 56 Meridian, its Mayor, the City Council, the public servants, our fire department and police department, be with us its citizens, give us wisdom to seek your counsel and build a firm foundation and relationship with you. We pray for those who fight on our behalf overseas, watch over and protect with endurance and encourage our armed forces as they serve to protect our freedom. Bless this proceeding and may we honor you in the manner in which we speak and act, in Jesus' name, amen. Item 4: Adoption of the Agenda: De Weerd: Thank you, Joe. The Item 4 is adoption of the agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: We do have one change on the -- Item 20 on the regular agenda has been requested to be tabled to June 21st, 2005, because of irregularity in posting the public notice. With that 1 would move that we approve the revised agenda. Rountree: Second. De Weerd: The motion is to approve the agenda as revised. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda: A. Approve Minutes of May 10, 2005 City Council Regular Meeting: B. Approve Minutes of May 17, 2005 Pre -Council Meeting: C. Approve Minutes of May 17, 2005 City Council Regular Meeting: D. Findings of Fact and Conclusions of Law for Approval: VAR 05-008 Request for a height Variance from the maximum height of 40 feet to 58 feet for a recreational attraction for Boondocks Fran Center by Boondocks Fun Center -- Meridian, LLC -- 1385 South Blue Marlin: E. Water Main Easement Agreement for DeMeyer Furniture: F. Water Main Easement Agreement for Heritage Auto: G. Meridian Sr. Center Rehabilitation Proiect Change Order # 1: Meridian City Council .lune 7, 2005 Page 3 of 56 H. Request for Pavment by KMO Inc. for Meridian Sr. Center Rehabilitation Pro'ect ICDBG 04 -III -1 -SR: I. Well 27 Test Well Change Order # 1 Final with Treasure Valle Drilling: lling: J. Contract with Civil Survey for WWTP Effluent Reuse Study: K. Two Party Agreement with W.H. Moore for Water and Sewer on East Ustick: L. Approve Bills: M. Approve Beer and Liquor Licenses for Mach Robin, LLC for Red Robin Restaurant at 1475 North Eagle Road: De Weerd: Item No. 5, Consent Agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: l move that we approve the Consent Agenda as published and for the Mayor to sign and the Clerk to attest on all proper papers. Rountree. Second. De Weerd: Okay. The motion is to approve the Consent Agenda. Mr. Berg, will you, please, call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Item 6: Department Reports: A. Attorney's Office — Bill Nary 1. Update on Solid Waste Advisory Committee: 2. Request for Approval of Two Recycling_Projects recommended by Committee: De Weerd: Item No. 6 is the department reports and before 1 ask Mr. Nary to start in on his items, I would like to recognize Len Grady. I understand you passed your exam, so I would like to congratulate you. It's good news. Okay, Bill. Meridian City Council June 7, 2005 Page 4 of 56 Nary: Thank you, Madam Mayor, Members of the Council. A couple different things. You should have in your packets a request from the community recycling funds for -- just as a refresher, this is a fund that is maintained by the city, these funds that are from the recycling program that -- run by the SSC, our service provider. They range approximately two to three thousand dollars a month, depending on the level of usage. We do have a pretty high usage in the city. We allow for people to apply for use of those funds. The criteria on those funds is that the project be within the city limits, that it pertains to recycling, it can -- it doesn't have to just be pay to recycle materials, but it certainly could have some other relationship to recycling and there has to be a one-to- one matching component for the project. We have two applications. There is other ones also, I'm sorry. There is some other projects that have already previously been approved that are just awaiting the project to get completed for the city's match portion of the funds to be paid. There is some bleachers that are going to get built and a couple of other things. But, anyway, at the last meeting of the solid waste ad hoc advisory committee, the committee did approve two -- the two applications that you have before you, one from River Valley Elementary School, which was for some picnic tables made of recycled materials for their playground, so they could use for a number of different -- different projects, is approximately 2,200 dollars -- excuse me. Their request was for 2,200 dollars, which was exactly half of the proposed project and they had raised the rest of the funds for that project through some fundraisers at the school. And the other item was for -- I believe it was also picnic tables and -- oh, excuse me, a bike rack, I think, at Peregrine Elementary School for -- the request was for 710 dollars and we did get an update, I think, today from SSC showing that it was not quite half, but it was pretty close to a one-to-one match as well. It was within a few dollars, really, of both. So, what the finance department needs, if is within the purview of the Council to approve those two applications, that we would need a motion for that approval to authorize those expenditures and, then, when those projects come through, then, we would get back with them through SSC to get how that gets paid and that the project gets completed and all of those things. But we needed the Council's approval if you wanted to do that. Councilmember Rountree is a member of the committee as well and do you have any comment or if you had other questions? De Weerd: Mr. Rountree. Rountree: I have no comments. If there is no questions, I would make a motion that we approve these two applications for recycled products and the use of recycling funds of the city. Bird: Second. De Weerd: Okay. The motion is to approve. Any discussion? I just appreciate that we now have gone outside of just city -owned projects into our schools. I think that's a very worthy cause and it will probably help strengthen the programs that the schools have regarding recycling and the awareness. So, it's a very compatible and worthy project. Mr. Berg, will you, please, call roll on this. Meridian City Council June 7, 2005 Page 5 of 56 Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. 3. Discussion of Ordinance for Using Public or Private Property as a Thruway Street: De Weerd: Discussion of ordinance. Nary: Council, I'm going to pass down to you -- these are copies of a proposed ordinance that I'd like to bring back in front of you in a couple of weeks, if this meets your approval. This is a request through the Traffic Safety Commission and the police department. We have been having some problems here in the city of people using parking lots as cut-throughs. One of the -- one of the members of the Traffic Safety Commission is a reserve officer -- police officer, as well as a school district bus driver. They have noticed they have had this problem significantly increase this year at Meridian Middle School where people were cutting through that bus parking lot off of Cherry Lane onto 8th Street and the police department traffic officers indicate that this is becoming an increasing problem with traffic congestion, as you would imagine. The city of Boise passed an ordinance similar to this about two years ago. I have changed some of the wording to make it, I'm hoping, a little bit stronger and a little clearer than that other one that was written previously. Basically, it's just to make sure that it's clear that people, when they use those -- those private or public parking lots, kind of use them as a through way, that if it's a street, then, that would certainly be allowed, but if it's through those, they couldn't do that and there is some language as to some methods of proving it. I have run this through our prosecutor's office as well for their comment and a number of folks at the police department. If you have any questions about it, if you would like further information about it, I can certainly provide that. If it meets your approval, I would put it on your agenda in a couple of weeks for further review. De Weerd: Any questions, Council? And 1 think it's certainly an issue in our community, but do people know that it's illegal to cut through parking lots? Nary: It's currently not, so -- De Weerd: Well, I know, but how will they -- will these be posted? You know, how will we get the word out? Nary: Madam Mayor, I haven't discussed that with the police. I would imagine -- what we have done in the past through the Traffic Safety Commission and the chief, is they have taken a very proactive -- like the turn lane ordinance that we passed a couple of weeks ago, the police department was very proactive in putting out a press release, getting some press coverage to get the word out. The officers spend a great deal of time initially, if we do approve an ordinance such as this, in warning the public and issuing -- issuing traffic warnings to people, so they understand they can't continue to do Meridian City Council June 7, 2005 Page 6 of 56 that. Again, this is really the -- to address the most egregious problem type of cases, but that's -- that, I believe, would be the chiefs same perspective as well. De Weerd: Chief, do you have anything you would like to add? Musser: Madam Mayor, Members of the Council, 1 just agree with the -- with what Attorney Nary had mentioned and that we are currently doing that and that would be exactly what we would be doing in the future if this ordinance does pass, is we will, number one, do a media notification and a press release on that and, then, also warn motorists for approximately a month to two month period if we catch them doing that and, then, start issuing citations for the violation. De Weerd: Thank you, chief. Thank you, counsel -- or, Council, would you like to have this on your agenda in the next two weeks? 1 guess the next meeting? What is your direction to Mr. Nary? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I'm comfortable having this before us in the next regularly scheduled meeting, which will be two weeks, but I do have a question on 7-1-11, Paragraph B. It talks about the prima facia evidence of violation is that if you enter a property and immediately exit that property without stopping or slowing before entering an adjacent highway or street, that's evidence that you were in violation. So, can one assume from that that if you enter to cut through, but stop or slow down as you exit, you're not in violation? Are you really accomplishing a lot? Nary: Well, not exactly. The prima facia evidence provision of it is one method of proving that from a prosecutor's standpoint, so if you have a person just basically cut through the parking lot, doesn't stop or slow down, immediately exits out, you don't need to prove anything else. If you're going to try to proof this violation from the officer's standpoint, with different evidence than just Section B, you're going to show something else, then, you're going to have to base it on the facts of what the officer's observations would be. And, obviously, the defense is going to be: I meant to stop there, I decided I didn't have my wallet, I didn't want to go through the drive-thru anymore, and that may be the factual issue that a court may determine. B is just one method of proving it, but you can certainly address it in other ways. Rountree: All right. Thank you. De Weerd: Okay. Thank you. Nary: Simply, if the Council is okay, I'll just put it on the agenda for then. 4. Update on Handbook Policies: 3. Meridian City Council June 7, 2005 Page 7 of 56 De Weerd: Okay. Item 4. Nary: The last one I'm going to pass down to Council -- there is three different policies. We had a number of policies before you a few weeks ago and Councilmember Donnell asked a couple of questions. I brought a couple of other ones as well and, then, I'll answer Councilmember Donnell's questions regarding the other policies that have been placed before you. There are three. One is 6.2.2, which is the current city telephone policy. All I have done to that particular one is add a provision regarding the use of cell phones in reference to another new policy, which is 6.2.6. In discussing with the other directors and the Mayor, we currently, when city employees have a need to use a cell phone for business purposes, the department makes that determination, they issue that employee a cell phone, they manage that cell phone program through the finance department, they use a pool -- a pooled minutes with the cell phone provider, then, they are required by our policy to, then, review all the cell phone bills to verify that the employee is using the phone for business and not for private use. That's well and good for some of the departments; it works very well for some of the uses. What we have also found -- and 6.2.6 is simply an alternative method for using cell phones. Some employees, for example, will use a cell phone for city purposes on occasion, but the need for them to have it all the time doesn't really make much sense or for them to carry their own personal cell phone and a city cell phone. It's not very practical either. So what this policy that's in front of you would allow the department, if they made the determination that it would be of some value to still have the city use of an employee's cell phone, to, then, reimburse the employee a portion of the cell phone usage and they can work it out between the department and the employee whether it would be the base cost of the cell phone program package, because you're going to use it quite often, or an amount less than that that would make some sense and they could simply reimburse the employee. The phone belongs to the employee, the phone is their personal cell phone for their use, they can buy any phone they want to use, doesn't matter. All the city is doing is paying them a stipend for the privilege of using that phone and the employee could use it for business during the work hours, for the employee to not have to incur additional costs for using it for the city's business and the employees wouldn't have to carry two phones. It's a very practical type of program and the reason I'm bringing it to you now is some of the departments would like to consider going towards this type of program and they have incorporated that into their budget requests that you will be seeing in July and so this policy would, then, be in conjunction with that type of usage. Where I come from we had instituted a program like this, we found it was much easier and we didn't have to deal with people's bills and checking bills and any of that, we just paid them a stipend and we were done. They could use the phone any -- and they could buy any phone they wanted, they could buy picture phones, whatever, it doesn't matter, because it was theirs. So, it made it simpler for everybody and that's what 6.2.6 is for. The last one -- and, then, I'll take any questions that you might have, we have had a number of discussions about our compensation program and I brought 3.4 to you the last time we talked a few weeks ago. The only other change I have had to make since then -- we had a practice -- it was not a policy of the city -- we had a practice that if an employee's position was reclassified in the course of the budget year, Meridian City Council June 7, 2005 Page 8 of 56 for the new budget year, if their position was reclassified and their pay was increased, they were, then, not entitled to a merit raise. We had employees that received increases of 12 dollars a month and, then, therefore, did not get a merit raise. We had employees that got somewhere in the area of the average of around 50 dollars a year and they didn't get a merit increase. So, that doesn't make a lot of sense to me when you're trying to encourage people through merit to have -- to have good performance to, then, penalize them, because we weren't paying them of a market rate, it was what was a fair wage in this particular area. So, this one, E, is the section I have changed and all the changes that we have made or suggested in this policy changes, those wage adjustments, for market purposes, could be considered in relation to what merit increase the person may receive, but doesn't prohibit them from receiving it. What brought it about this year was there was an employee that was -- that based on these -- based on some of the compensation changes we will be seeking at budget, would receive an increase of five dollars a month. Under the prior practice they, then, would not be allowed to have a merit increase. If I was that employee I'd say give me the merit increase and don't worry about my five dollars and I think it will make up for it, but that practice had been going on for a number of years. Again, it wasn't in policy form, we wanted to clean that up and make sure it was clear that that was something you could consider, but it wasn't going to prohibit somebody from being acknowledged for good performance, so -- is there a question before I answer -- Councilmember Donnell had asked some questions the last time regarding cost to some of the programs we are proposing. There was two primary things that were in front of you that had cost associated with them. One was in the directors benefits program, there was an amount -- there would be a cost to the city to purchase additional life insurance for the director as a benefit to that director. The city has to purchase that in ten thousand dollar increments and I think Councilmember Wardle remembers I had to resend him the e- mail about it, because I sent the wrong amount -- or I didn't make it very clear. For all the eight directors for a single year to have the additional coverage to -- to meet what the benefit -- or policy amount was, which was a hundred -- it ended up being 105,000 dollars policy, the additional 80,000 dollars, it would cost the city an additional 3,056 dollars a year. The other question -- or one of the questions was about the benefits in the directors compensation policy, which addressed either allowing the director to have additional time to meet the waiting periods for short-term disability or long-term disability. In my discussion with the finance department, the finance director, because we wouldn't be replacing that director in the interim period, all of the money for that time period would be covered out of the director's salary and, then, once the short-term or long-term disability kicked in, the insurance policy that we purchased for that pays 66 -- 67 percent of the director's salary, so the city would, actually, recoup that in not having to pay that amount, they would only be paying the difference. So, there wouldn't be any cost savings -- or cost to the city to have to cover those waiting periods. The other question was regarding the make-up pay for the military benefits. That's another one where, again, it would only come out of the salary line right now. I think as I told you then, all of the people that are affected by that are in our safety services area, police and fire, all of those folks we would not be able to replace either during the interim period that they would be gone, therefore, we would take that -- that difference of make- up pay out of their salary that we weren't paying them while they were gone anyway. i Meridian City Council June 7, 2005 Page 9 of 56 The last one that I was asked to get an amount for was the cost for the vacation buy-out -- or buy -down. What we did is we did a couple of changes since then, because of costs. With all the directors' approval, I asked them to remove the two percent match provision, because I felt it was cost prohibitive. They all agreed with that, that that was probably cost prohibitive at this point. And the other thing we did is we put a limit on the amount of hours directors could essentially cash out into the deferred compensation program a year at a hundred hours. That way we could fix the cost up front at budget, we know how much everyone makes, what we did is we took an average salary and an average hourly wage and we were able to come up with 34 dollars as an average hourly wage of all the eight directors combined. If we took a hundred dollars -- or a hundred hours per director, if they had that full amount annually and put all of that into that, it would be 3,400 dollars per director, which 1 think a total cost for that particular benefit of 26,200 dollars. Donnell: 26,200, instead of 30 -- Bird: 3,400 per person, so 3,400 times eight. If they -- again if they max out that entire hundred each year. Donnell: Exactly. De Weerd: Did that clarify things? Donnell: It did. De Weerd: Okay. is there any questions for Mr. Nary at this time? Bird: I have none, Mayor. De Weerd: Okay. Rountree: I have none. B. Planning and Zoning Department 9. Update on Downtown Transportation by Steve Siddoway: De Weerd: Planning and Zoning Department, Steve was not able to join us tonight, but I believe he did get some information to Mr. Hawkins -Clark. So, Brad, I will turn it over to you. Hawkins -Clark: Thank you. Yes, he did. I think the -- this is a process clarification that staff would like for the downtown transportation plan. Up to this point that plan, in terms of getting it into an official document for the City of Meridian, had been anticipated to go through a Comprehensive Plan amendment. That would, at the earliest, probably be Meridian City Council June 7, 2005 Page 10 of 56 able to be done by September, October, if it was started right now. And, as I understand it, there was some concern expressed -- not concern, but the Ada County Highway District is requesting that the City of Meridian provide them an official -- some official letter, statement, et cetera, that says this is the preferred option, assuming that would be the split corridor. It's in writing given to the Ada County Highway District at this time, so that as they are going through their five-year work program during the summer they know exactly where the City of Meridian stands. If we wait until the Comprehensive Plan is done, that would be very late in terms of the five-year work program adoption. So, as I understood it from Steve, the thinking now is to take it as just an item of discussion to the Planning and Zoning Commission, not a Comprehensive Plan amendment, and, then, bring it to this body, the City Council, for -- as a Public Hearing, but just to adopt the plan, the downtown Meridian transportation plan. If at some point you wanted to do it as a Comp Plan later, I guess that would be an option. But that way it could move through the process relatively quickly, within, you know six weeks or so, the highway district could get an official word. So, I guess the question is is the Council comfortable with that, do you have other ideas about how to issue some kind of written statement to the highway district for their five-year work program. De Weerd: Yeah. ACHD is looking for the city's recommendation, so they can start planning accordingly and move it forward. We did discuss it with our attorney and it is not -- it's not necessary to adopt it into the Comprehensive Plan. A lot of these plans are -- are approved through a resolution, I believe, and it is the desire of Council, as stated earlier this spring, that we also have a Public Hearing in front of Council to take additional testimony that was not collected during the extensive public process we have already had. So, Council, we are coming to you to see if that -- the process meets your approval, so we can start moving forward. Any objections? Rountree. I'm comfortable moving it forward that way. De Weerd: Okay. And so we will go ahead and put it on our Planning and Zoning agenda for their consideration. It will not be a Public Hearing, it will be for a workshop type of discussion. Okay. Thank you, Brad. 2. Presentation by Dillon Smith on Masters Thesis "Downtown Civic Center": De Weerd: Item 2 is Dillon Smith. He is -- yeah, there he is. He did a master's project on a civic center in our downtown core. He has given this presentation to the Meridian Development Corporation and asked that he also share that with you tonight. Welcome. Smith: Thank you. De Weerd: Have you been here in front of Council? Smith: I have not. Meridian City Council June 7, 2005 Page 11 of 56 Bird: The MDC. Smith: In front of the MDC. De Weerd: I was like, oh, wow. I guess was gone. Bird: Thought you were having a senior moment. Smith: Thank you, Madam Mayor and Members of the Council. Once, again, my name is Dillon Smith, I am a citizen of Meridian, my wife and 1. What I was asked to present to you was -- I wanted to get my master's thesis for graduate -- for my graduate degree in architecture through the U of I at the LURC downtown Boise. And with your permission, these slides are much more effective if the lights are turned off, if we could turn them down. For our thesis we -- the project was completely left up to us and when my wife and I purchased the home here in Meridian, I decided that -- well, first of all, 1 had noticed the potential that downtown Meridian had and the historic value that has been retained here and so I started with that and, then, a few things came into play. Before we go further, actually, just to give you a little background of what -- the things that helped this project come into motion. First of all, I got word of the foundation grant and got ahold of that proposal. Unfortunately, we lost the bid, sorry to hear, but I was able to use that same information and apply that towards my project, since this is just theoretically based. Second of all, I noticed that there began a lot of word about split corridors, new transportation ideas. My vote was for the split corridor when I went to that town meeting, so I decided it would be fun if I went ahead and overlaid that split corridor design right onto my site. And, Mr. Bowman, if we could go ahead. First of all, as architects we are asked to -- we are taught to begin with the history of the site, know that very well. Thanks to Carol through the historical society, 1 was able to get ahold of this image. You can tell this is from the Statesman plane there at the bottom. This is looking directly north of Main Street and 1 believe this was dated back to the '50s, I believe. You can see the stack there on the left and the -- some of the building that are currently in existence right there and right here. Okay. The next few images will be very familiar to -- to you. Please be patient with me. This presentation was given to another group of individuals that were not from the area, so I did have to educate them. Okay. Zamzows. And this. Okay. This -- so now we are looking -- we are sitting right on Main looking north. This is about where the turn of the split corridor would begin and this is where my site would be begin. I do have a plan later on to show you exactly, but this is the site that I chose to go ahead and design my community center. This community center went right along with the foundation -- the foundation proposal. Had a YMCA -- let's see here. A boys and girls club. A fine arts studio. And, let's see here, a theater, a performing arts theater. And, then, I added my own little ideas to that as well. So, once again, this is another very familiar image. This is the image that I went ahead and it overlaid onto my project. My site for this community center takes up right here and right here and you will soon notice that I focus in on just one -- since this was such a massive project, I went ahead and focused in on just one building and that was the performing arts center that I decided to go right there. This is another image. This is, actually, on top of the -- one of the silos. Brian Davis was kind enough to let me go up in that scary 1 Meridian City Council June 7, 2005 Page 12 of 56 elevator. Got up there and took a few images. This played a little role in my design. A little bit more history of the actual site. There were some prune and apple packing sheds on the very site along the railroad and this also played a little part in my role -- on my design. Here are just a few sketches. You will notice that up here on the right that right away I started thinking that this could almost become a campus, like a community center, that this could be broken up, as opposed to one large massive building and I also tried to play close attention to the -- to the idea of having a gateway, creating a gateway into this downtown. I do know that this is the -- this is at the entrance or close to the entrance of the Old Town District and, once again, a perfect opportunity to -- for this design -- to set up the design to the project. I also was trying to -- these are at the very beginning of my process, you can tell I was trying to see how literal I -- literal I should get with tying in these agrarian features into my design. But these were just some first sketches. Once again, now getting down to street level a little bit. What this corner feature could be. How to protect or how to treat this relationship between pedestrian and this split corridor idea, with that fast traffic there on the left. My -- some of my ideas was deceleration lanes of sorts that could lead you right down into the parking garage underneath. An outdoor -- an amphitheater outdoors was also one of my original ideas. So, this is where 1 was at halfway, halfway through the project, and we did have a presentation that we had to give. Right here is where the YMCA will go and I definitely thought something right here should tie in with right here to create a gateway. I thought that right here could be your climbing wall. This is where the performing arts center would be and beyond 1 did design a transit hub, where the train station would be, along with some retail and parking. And, then, beyond what you can't -- I guess we can go to the next -- we will see the back side of it. So, right here is where the boys and girls club would go. Now, we are looking -- now I should orient you. I apologize. Now we are looking south on Main Street in an aerial. So, this is where your transit station would be. A little train come along here. That's your YMCA and performing arts center. This feature right here that you see jutting out, that is called the fly. I had to do a lot of research into theaters and learned that if you want a nice theater and you want to have -- you want to attract theater companies, you need a large enough seating and you also need -- this needs to be very professional and have the capabilities that very nice theaters have, which is the fly, and you will see it in a later image. So, here is my final master plan. 1 have already showed you the YMCA and the performing arts center. The boys and girls club. And the transit hub would be right there. Okay. We can go ahead. So, here is -- here is one of the final images that I created. This is -- this is one of the vertical images that you would see driving along this split corridor. Back here is your entrance into your -- into the performing arts center. Okay. And here are my plans. I won't go into detail, but you can tell that there is the performing arts center. I extended this shape right here to provide am amphitheater outdoors, similar to the Shakespeare festival, for those that have been there off of Warm Springs. And, then, also the opportunity -- not only can you present -- perform indoors, by creating doors back here, you can, then, present outdoors, people would bring their own -- this would all be hardscape, people would bring their lawn chairs and you could, then, perform outdoors as well. So, I have created two opportunities to perform -- for amphitheaters -- outdoor amphitheaters and, then, one very nice one indoors. And, then, it worked very nicely in that all the space was stacked very neatly and provided all the classrooms, everything Meridian City Council June 7, 2005 Page 13 of 56 that the program required. Okay. And this would be the south elevation. I guess there is not much to say about this. Although I was thinking that you could create it by just having a little bit -- another staircase. You could, then, go ahead and lead people on up on top to create a rough garden -- just creating another opportunity for the people to enjoy the view that's created. And this would, then, be the east elevation. This down here is your entrance and beyond is -- there is your fly and, once again, your outdoor -- one of your outdoor amphitheaters. This is the section that's required for my project as well, so 1 understood how this would come to -- would be built and how the two come together. This is your fly and just to educate you a little bit, this is where the -- oh, I should reeducate myself. That's where the -- the sets. Thank you. That's where the sets are hung and stored and, then, they are dropped down according to the performance and so that is nearly 80 feet tall and that is actually, according to my research -- here is your main performance center and this is your lobby. I tried to get it as detailed as I could, creating an orchestra -- orchestra pit, I'm sorry, and, then, plenty of storage underneath here and -- okay. And, then, here are some interior -- this is almost what you would be graded with, walking into this space. Just through the use of a few slanting walls you could create opportunities for local artists to display their work and, then, you're also presented with this three story space and these catwalks that lead you on into either the classrooms or on into the upper deck of the performing arts center. Next. This is now turning the corner, so you can see the entrance, and, hopefully, I didn't disorient -- you're not disoriented, but along here, looking at the window, you would actually see the -- you know, the fast traffic going along the corridor. That's what -- this is just outside of that, De Weerd: Chief, that was fast tracking. Smith: And, once again, your catwalks that lead into this space. This is now coming to the end of the hall and looking the other direction, just to give you another idea of what this space could be like. Okay. And this is that outdoor -- by extending that fly shape, you, then, create this outdoor amphitheater that's nearly as big as the indoor theater, actually, as I -- when it comes down to it. This is where your stage is and, of course, all the seating and, then, the graphic, you go on out and lead up, so people could actually walk right down this little hill on this landscaping. And this is the final image, This is the entrance into the space right here and this is one of the -- those would be the doors to one of the amphitheaters and this is what you would be greeted with inside of that circle that I have created with -- through the use of this -- all of these buildings greater than the community center. And that is it. De Weerd: Wow. Very nice. Bird: Very nice. Smith: Are there any questions or comments? De Weerd: Well, I'm surprised Councilman Bird hasn't mentioned all the windows. Meridian City Council June 7, 2005 Page 14 of 56 Bird: I love it. No. I just -- I love your designs and you did a lot of work and I appreciate that. 1 hope we can one of these days have that dream come true. De Weerd: I really appreciated your indoor and outdoor features on that. It's a very unique downtown use. Thank you so much for sharing that. Smith: Thank you. Item 7: Items Moved from Consent Agenda: De Weerd: Okay. We had no items moved from the Consent Agenda. Item 8: Presentation for Meridian Gateway Signage of Findings, Solutions and Budget Information by Walter Lindgren: De Weerd: Item No. 8 is a presentation from Meridian Gateway Signage by Walter Lindgren. Bowman: Do you want me to introduce some of this, Madam Mayor? De Weerd: Yes, please, Clair. Bowman: From here as a -- De Weerd: That works fine for -- Bowman: Okay. My name is Clair Bowman. Walt is handing out some of the work he has done that he will review with you in a few moments. What the Mayor had asked is that I provide a little bit of background for the origin of this. Many of you know that you have approximately 36,000 dollars in this year's budget dedicated to Gateway. That was the seed money through which the Mayor provided the challenge to the Meridian Development Corporation, me and John Sessel as the chairman of the subcommittee that was appointed. Walt as the primary volunteer to do the work. He has done wonderful work and lots of it to get this project where it is today. The overall concept is that there will be two different models of -- actually, three different models of gateway signs. What you're seeing tonight will be two of them. One of them on two different scales, two different sizes -- or locations and a second one in another location. A third one an individual marker kind of bollard set up in the downtown area, the Old Town area, will be developed further later on after we get some of these underway. Tomorrow morning we will be presenting to the Meridian Development Corporation board this same proposal in a little bit more detail, seeking their specific authorization and endorsement to move forward and to engage in discussions with the city on how we actually go about getting these done. You will notice this evening that Walt has already gone as far as developing some of the scope of work documents. He has, essentially, had a 95 percent complete, ready for bid, if that's the way we choose to go. However, we anticipate that much of each of these will be financed through either donated funds Meridian City Council June 7, 2005 Page 15 of 56 or in-kind donations. With that, I'll let Walt go through the individual documents he's handed out to you this evening. De Weerd: Thank you, Clair. Lindgren: Thank you, Clair. And, Madam Mayor and the Members of the Council, I appreciate the opportunity to come in and present our -- what I would call, I guess, a final draft at this point of our gateway signage and, as Clair mentioned, this has been several months in the making through various meetings of an ad hoc committee that was selected to kind of represent a cross-section of the Meridian citizens and, essentially, come to some sort of consensus on what I call a family of gateway signage and -- Clair, if you wouldn't mind putting the vicinity map for the Old Town. I believe there is the letter from Mrs. Wilder. If you take a look at your packet, there is three individual packets in that. The first one indicates the Old Town district signage. This second one, which I call the regional A, is a sign proposal for the corner of Main and Meridian at the corner where the KFC is, where the proposed intersection change of the Waltman intersection is going to take place. And, then, the third is similar to the second and it is the proposed signage for what I would call a regional B, and that would be the - - what I would call the regional B and what that's indicating is signage that's actually very similar to the A, but also at a smaller scale, because of some constraints that we have in that -- and we will get into that in a second here. But I just kind of want to give you a general overview of what you have got in front of you. The first package is the Old Town signage and what we are proposing are two locations to start with. And, again, through direction from the MDC, this is the Old Town district here, boundaries, the 21 block plus or minus that we have identified as kind of the starting point for the MDC's task, as well as some of the general design guidelines. And, basically, what we are proposing are two sign locations at this entrance off of Main Street as they pass over the railroad tracks and to the north as you pass over Carlton on Main Street and these locations probably are still to be determined at this point. If you wouldn't mind, Clair, posting the elevation of the -- the other one is fine. Probably that main one. Yeah. That's perfect. Again, this -- so, if you were to take a cross-section across Main Street, the proposed signage is, actually, just derived from the -- the light post standard that we are using and incorporating into new developments. Although this light post standard is actually -- it's actually 20 feet, which I think the typical standard is 12 feet. So, it's a larger sample, but the same detail, same post style, and the same manufacturer. The concept here is at this Old Town entrance is to -- instead of arching or having something in the middle which has proved problematic for various reasons, the group came up with the idea of flanking your entrance as a book end sort. What this does it creates this passage as you come in and you're slowing down, the signage of Meridian -- again, this is a painted black sign and this being of steel and aluminum assembly, very clean, lit with gooseneck lighting here, so you will have day and night easy readability of each sign. One of the other attachments we are talking about is having a tube steel attachment that could actually be -- would actually be taken down when a banner is not being used, but, again, this would -- this support would actually be fastened to the sign and create an opportunity for a banner to be spanned across. So, if you had certain events, like Dairy Days or you name it, I mean we can assure that that would support Meridian City Council June 7, 2005 Page 16 of 56 that banner structurally and as well as meet the ACHD requirement of the 18 foot height limitation -- or minimum I should say. Myself, Clair, and the Mayor met with ACHD, as well as ITD. They were very receptive for the various applications and you will see where ITD comes into later as 1 continue the presentation. ACHD's only issues were that we maintain an 18 foot minimum offset from I guess the crown of the road to the bottom of what would be the proposed banner location and, then, a two foot offset from the back of the curb to the sign itself. So, this -- again, these are probably details that still need to be worked out, but we feel confident enough that we have got a solution that is conducive to this application. Any questions on this particular application? De Weerd: No. Lindgren: At this point we have put together an estimate -- construction cost estimate. The initial sign, which I would say is one of these, is at 11,231 dollars. The second and fourth signs would each be 10,351. The first one you're paying a premium for certain template setups, that sort of thing for the signs. We have been working closely with contractors, lighting reps, sign reps, sign vendors, artisans -- there has been a real great input of quite a few people. Too many to name tonight, I guess, but they deserve a lot of credit for the input on this. So, I'm going to just kind of quickly roll into what I would call the regional signs and we can come back to this if there is any questions at that time. If you look at your second packet, you will see the regional signage A and what this is indicating, the proposed -- and I would call this the first priority of the regional signs is at this corner of Main and Meridian right at the intersection of Waltman Road, just south of the Kentucky Fried Chicken and there is that location. We have -- and I'll let Clair speak to this later if you'd like, but we have been in contact -- or I should say Clair has been in contact with the owner of the development here at KFC, they have been very receptive to the idea of locating the signage at this corner and at this point the sign I believe is proposed to be located directly on the right of way at the property line, which would not be impacted currently as the intersection is oriented and developed, nor would it be impacted by the future development. So, the idea is that this sign could happen today assuming funds were available, and not be impacted by any future work. So, that is the location at that point. If we can -- you want to show mine first, Clair, and, then, the planning and elevation I think. So, this is the sign that we are talking about, it's regional A. If you were to -- we have a plan here, but I'll just cut to the chase. This is a rounded planter, which has an architectural stone veneer that is over it. You have got plantings inside that, just a series of Barberry -- Japanese Barberries and the idea is having this earthen material and, then, having this steel and, actually, a barbed wire sculpture, which you kind of see a mock up here in front of me that Bernie has been nice enough to put together and really give this two dimensional thought into three dimensions. The idea is that you would have this earthen stone that would be connected to the ground, indicating Meridian's connection to the earth and, then, having this really really rough -in barbed wire -- I'm assuming most of you are familiar with Bernie's work. Very talented, very creative, and just has a great eye for this type of application. The idea is that this particular sculpture would come around and twist up and be fairly textured and very -- fairly rough, if you will, and out of that rough and old comes the new Meridian, which is a very clean -- and, again, indicated by this particular Meridian City Council June 7, 2005 Page 17 of 56 model he put together of the sculpture. Very clean Meridian lines with some LED lighting that, again, would float in between two planes of letters as indicated by this mockup, which Bernie has put together as well. This is -- again, this is ten minutes, half hour of her time. We are talking about a very clean cutting and a very clean Meridian logo with the wheat swoop there. So, again, the play of the clean Meridian sign with the rough sculpture. This -- trying to think of anything else I might have left out of that. We are calling this regional A and at this time our estimate for construction cost, assuming -- and there is the planter there. So, there is the planter with the welcome sign, which will have an actual LED, which is a soft lit halo light that you can't see the source, but you will see the glow come out the welcome sign on both sides and it's questionable whether or not we even need this backside at this point. But for now our construction estimates -- and this is including contingency and I would probably qualify as a fairly conservative cost estimate, is at 38,799 dollars. But also keep in mind that's not taking into account any potential volunteer, donations, that sort of thing. That's just a pure cost and again I would qualify as hopefully pretty conservative. If we could go to the regional B as well, Clair. If you look at your third packet, regional B addresses gateway signs and these are the first two that have been identified for various reasons and is -- we have had conversations with the representatives from ITD, seemed to be very receptive of our proposal and seemed to -- as soon as this work is to start taking place of the center median and planter construction, the idea would be to incorporate this scope of work in with those areas. I'll defer to the Mayor in terms of the reasoning for this particular location. I think she was the one that spearheaded that particular location and this one seemed to just work out very well and, again, incorporating into the proposed Eagle center median construction project, which I believe is slated to start in 2006. 1 believe that's correct. De Weerd: 7. Lindgren: 3007. De Weerd: Oh, no. It is 2006. Lindgren: I think that's the first phase is 2006 right here. If we could go to that _- again, the elevation again and it's really just a -- again, a smaller version, if you will, of the regional A, primarily because of the constraints of the median dimensions and, then, that's really the constraint we are dealing with at this point. Again, the idea was to locate this at the center median, which mattes great sense if -- you know, we are trying to bring people in and incorporate in some sort of nice welcoming gateway. Flanking the streets of Eagle just seemed to be lost and -- would be lost in the view and we are not spanning any sort of arch over Eagle Road, for that matter. So this seemed to be the direction we headed fairly early on and, again, seemed to be very well received by ITD. Again, a lot of the same elements. Instead of a seven -foot radius, this is a four -foot radius planter bed. That construction cost at this point we have estimated at 33,874 dollars. De Weerd: For both of them or one? Meridian City Council June 7, 2005 Page 18 of 56 Lindgren: For one -- for one sign. Right. And I would just encourage you at your own leisure to take a look through those packets. I would have liked to have gotten those to you earlier prior to this meeting, but we were kind of running short on time. So, I just -- if you had any questions, I could be reached or through Clair as well. I don't know if you want to add anything to that, Clair. Did you want to add anything to that? Okay. Does anybody have any questions? De Weerd: Council, do you have any questions? Bird: I don't. Very nice. De Weerd: I guess this will go to the Meridian Development Corporation tomorrow and as we look at this I would like, if Council feels comfortable tonight or maybe at the next meeting, 1 would like an approval of the design and okay to at least move forward through this process and we will come back as we know when placements and more details on that are known. Any comments on the design, if you feel comfortable -- Donnell: Madam Mayor? De Weerd: Mrs. Donnell. Donnell: On regional B, the one by St. Luke's in the median, the same thing with the one that's north of Ustick -- Lindgren: Yes. Donnell: -- would also be in the median? Lindgren: That's correct. Donnell: Now susceptible are they to cars running into them? Lindgren: The susceptible -- I would answer that. We just met with -- the Mayor, Clair, myself, met with Wade, I believe, the representative from ITD. I didn't sense any kind of concern on his side. At the same time they have a planter that is actually being proposed just inside of that median curb that is at the same dimension as what we are proposing. In fact, I believe he uttered the words we may even just end up building the planter portion of your project, because it's, essentially, probably just an extension of what they are doing anyway. So, I didn't hear any concern on his side. In fact, I felt it was received very positively. So, in terms of, you know, susceptibility to cars hitting it, probably no more than what the planter itself as proposed by ITD would present, so -- De Weerd: And there will be some grading down to the curb level, so it is higher than curb and it's -- I don't know how high the planter will be, but -- Lindgren: Plus or minus two feet. Meridian City Council June 7, 2005 Page 19 of 56 De Weerd: And I guess our concern, when I looked at the A and the Kentucky Fried Chicken site, I guess with the barbed wire and the barberries, no one is going to climb on it either. Lindgren: That's the whole idea. Rountree: They will try. De Weerd: But they will hurt doing it. Lindgren: If I may, though, that -- I believe that median from curb to curb is plus or minus 12 feet and these are in at least two feet from each -- at the minimum. And we would probably defer to ITD as we get closer to that time, but at this point we are not doing anything -- presenting anything broader than what they are already presenting. Donnell: Madam Mayor? De Weerd: Yes. Donnell: First of all, I think it's a wonderful design. It's something very different. I think it's timeless and -- but having lived in Woodbridge Subdivision and turning there at Magic View, I'm assuming that the improvements that ITD is proposing for that median will change the way cars go in and out of those areas and -- Lindgren: Potentially. Sure. Donnell: -- that probably will protect that to some degree, because right now it wouldn't protect it at all, wouldn't you agree Mr. Wardle? Wardle: I do, but I believe that they are doing away with the left turn intersection. Donnell: It's very nice. Lindgren: Thank you. De Weerd: Thank you, Walt. Lindgren: Thank you. Appreciate your time. De Weerd: Council, any direction on -- Wardle: Madam Mayor? De Weerd: Yes, Mr. Wardle. Meridian City Council June 7, 2005 Page 20 of 56 Wardle: I agree, I think we proceed. I think the design is wonderful and locations certainly seem to make sense in this current portion of time, especially with the construction. So, I'd proceed forward. Thank Walt for his help on all the projects and having done a project with him, knowing that that conservative estimate will get flushed out in the bidding phase. I think it's up to us to figure out how to build them. Up to us and MDC, but certainty the sign's great. De Weerd: 1 appreciate all your work. I did want to -- for those of you who don't have these packets, they kind of gave a little bit of detail of why it looks the way it does and it talks about the stone base and barbed wire are representative of Meridian's dairy and farming heritage. The fade into a solid form into the supporting the half circle represent the growth of the city and diversity in the roots and embracing the future and what's ahead. So, it's very symbolic and I agree with Mrs. Donnell, it's timeless. We appreciate you being here tonight and sharing that with us and as you heard we have direction to move forward. Do I need that in the form of a -- Rountree: Madam Mayor, I just -- my question is MDC will be seeing this, do we wait for action based on their recommendation or -- De Weerd: At this point it's our money. I think you just need to make a recommendation to move forward to the various channels and that will be one of the channels and getting through the Old Town part of it. Would that be appropriate, Clair? Bowman: Madam Mayor, the direction from the MDC board to me was that I spend my time on the one at the confluence of Main and Meridian and on the two sets of standards in the Old Town area. The resolution that we have drafted for the MDC board tomorrow authorizes me to go ahead and begin fundraising for that or in-kind donation if the MDC board is ready to do that. Yet, also, involves me coming back to the city and working with you and the Council in a more formal way to arrange for how the funding would work, to be sure that everybody is on the same page. We really need one agency, rather than both, in charge. I don't particularly care how it is, but that's part of what the MDC board will be asked to request of the city tomorrow. De Weerd: Certainly on the Eagle project I have been in contact on the north end anchor, north of Ustick, and I will be talking with the developers there and, hopefully, we can integrate the construction of the one on the south end of that with ITD's activities and it's -- all of those on Eagle Road will be based on their time frames and when those medians go in. So, there is no solid plan and I will bring those back as we work with ITD on those. So, that's great. Thank you again for being here tonight. Mr. Nary, do we need a motion on at least the design? Nary: Madam Mayor, since I think it's going to come back to you before you actually approve it, I think if the Council's will is to go forward on that, you don't need to have a motion. Meridian City Council June 7, 2005 Page 21 of 56 Item 9: Continued Discussion from May 17, 2005: Discussion of Black Rock Subdivision by Brad Watson, Public Works Director: De Weerd: Okay. Thank you, counsel. Item 9 is a continued discussion regarding Black Rock Subdivision. Brad. Watson: Thank you, Madam Mayor and Council Members. I will try not to cover a lot of ground that we did three weeks ago. Three weeks ago I believe I was asked to go back and gather some more information and put together some bullet points of the pros and cons of the proposed Black Rock Subdivision that's located in our referral area. Those pros and cons would be in terms of the different scenarios for providing city services, as well as looking at some land use and transportation considerations. I handed out a hard copy to you tonight listing those things. There are three options, three realistic options on how the city could proceed. The one thing I want to point out is that we do have the singular issue of whether to provide water to this proposed project that has approval through Ada County or to allow United -- or just simply let United Water extend service to this subdivision, which has already been approved by the PUC. The bigger picture issue is whether or not we incorporate this formally into our planning, whether that's water, sewer, land use, transportation planning into the city. I think what is decided on the singular issue of providing water and/or sewer to this area really drives that approximately three square mile area that's bounded by Locust -- is that right? Locust Grove Road on the west, Columbia on the south, and that quarter mile -- quarter mile west of Cloverdale on the east, up to a quarter mile south of Amity. The photo that is on the screen right now shows that area. That area has the different colors and it's colored according to what the assessor's office has designated it as, whether it's residential, agricultural, bare land, etcetera. In addition to the pros and cons, there is a third sheet attached to my handout that talks about the number of lots, the number of acres that are in these different categories. I did a rather rough analysis of what the estimate in tax revenue is on that existing area out there and just on the residential plated lots, which would be around 50,000 dollars per year. The existing median assessed value on the residential is around 240,000. There are seven to eight recorded subdivisions in this area. Most of them have rather large acreages. There are a few that are small cluster type. They account for less than I thought they would. They are really only around 350 acres out of the total 1,860. Only three of those recorded subdivisions are nonfarm, which means they have additional acreage within that plat that can be developed once central services are there. Also, on that sheet you will see, again, a rather rough estimate of what the ultimate property tax revenue would be at the city's current mill rate, mill levy, which ranges from around 900,000 dollars a year at an assumed density of one per acre up to 1.8 million per year with a density of two per acre. It appears that little of this is potentially commercial, so I didn't include any of that in those projections. Please stop me if you have any questions. I'm just going to kind of keep rambling. If I'm covering information that is old or you have already heard, just let me know. On the pros and cons on the three options we went through last time, the first one we talked about operation of a satellite water system by the city. This would allow the City of Meridian to maintain a presence in that area and, theoretically, keep United Water in Boise city's area of impact. There would be minimal capital cost as well with this type of installation. Meridian City Council June 7, 2005 Page 22 of 56 Conversely, if this one -- if we agree to do it for this one, I think we can be sure additional proposals would be forthcoming. The user fees that we had in place for the general city I don't think would be sufficient to cover the cost of a satellite -- operating a satellite system. Didn't do an analysis, but it seems to be a fairly safe assumption, I think. There would be additional testing, monitoring, and some duplication of federal requirements in terms of reporting. I'm not sure that we can implement different rates. That's probably simply a legal question. We need to review those plans before the developer constructs those if we are to operate it. There was some discussion about a well and some water rights and who would own those and how would those be conveyed ultimately to the city. The second option was extension of both sewer and water to this development. It allows us to keep this in our planning area. We do, actually, have sufficient water supply to serve this area. There is -- there would be some significant off-site costs and there has been no discussion on who would bear those. It appears that there would be in the order of 300 to 400 thousand dollars of off-site water line costs to get to the outer boundary of the Black Rock Subdivision. There are several development applications between the existing Tuscany development and the northern boundary of this development that are pending. They have been at Planning and Zoning, they have not been before you. If those are approved, our sewer capacity on the Ten Mile trunk is whittled down to around 200 to 300 units, which would really, probably, only be enough to serve this development ultimately. The third option was to not provide water at this time, let United Water come over and serve this subdivision that would develop as a cluster sub with its own on-site wastewater treatment system. This allows the developer to proceed. The city could retain this portion of the referral area and potentially include it in the area of impact at a future date. As I said three weeks ago, the timeline for providing sewer to this area is dependent on a number of dominoes which begins with the Ten Mile interchange, I believe, and the intervening development between roughly Ten Mile and 1-84 at this site, which is, oh, three to four miles away. There is some administrative issues, negatives, with this proposal, if we do sewer in the future with United Water present, we will have billing concerns. There really is no -- as far as I know, any precedent for taking over a United Water system once they have been established in a development. And the other con as far as the developer is concerned is I think this would limit his ability to redevelop anything beyond his initial cluster subdivision. The other one that I don't have down here as a negative is that there would, obviously, I think, be additional developments that come in under this scenario if we did approve it with United Water -- or I guess we are not approving anything, but if we let this go with United Water with the intent to ultimately serving it with sewer, I'm sure other applications would be right behind this one. As was shown in this -- in the mapping that's on the screen, there is a significant amount of agricultural land -- even the stuff that's purple and called it residential by the assessor, is really -- maybe a house is on there or something. It is largely undeveloped. A very simple and quick look at the transportation issues. On the plus side Eagle Road will be widened to five lanes all the way to Victory Road in 2007. This is a mile and a half north of Black Rock's northern boundary and the intersection of Eagle and Victory will be signalized that same year. On the con side, all section line roads within one mile of the project are two lane rural sections and there are no other significant roadway projects in ACHD's five-year work program in this area. Land use -- and the first pro I have there I'm not sure is really true Meridian City Council June 7, 2005 Page 23 of 56 in light of what I just said. A lot of this is not in relatively small parcels. There is a distribution of -- there are quite a few small parcels, but there are really -- there are quite a few tracks of larger areas as well that could be redeveloped. And, similarly, the bullet -- the first bullet point on the con side I'm not sure that that is extremely accurate, but there are some large tracts. I think the stuff that has been platted so far, the large acreages, has little potential to develop, but, as I said, it surprised me, there is only about 350 acres out of nearly 1,800 that meets that. This is no new concept to you, when we are serving less dense developments; the cost of services per dwelling is proportionately higher than in what we consider urban density development. Future land use, right along with that, this will likely develop to lower density. What has developed out there is -- is lower density. There are some cluster subdivisions that had lots in the order of an acre, acre and a half. The city would retain the ability to include this in the tax base upon future annexation, whether or not we have services there. The concern is that this raises a potential similar to the southwest Boise area regarding annexation of the existing development. As 1 said very early on, there is likely little commercial development in this area. With that, I would be happy to answer any questions. I hope that's more information than you really wanted. I couldn't think of anything else to throw at you. So, with that I'll answer questions. De Weerd: And I guess, Brad, I would have a question as far as the area -- I know this is kind of a difficult area and certainly one at the very corner. Is -- is bringing services out here in the best interest? Does it seem like this might be an area best left in the County? And I apologize, because I wasn't here for your original discussion, but how is serving that entire area, in addition to this -- this particular item? Watson: Madam Mayor, this area has been in our sewer master plan for at least ten years and these trunks have been extended down into the vicinity of this corner. Our water system master planning is -- is a little more -- we currently have planned down to the area of impact, but it's a very stepwise master planning system that we use where it could be extended down simply into our grid -- normal grid system. If this was to be served by Boise city, ultimately I believe they would have to pump over into the Cloverdale trunk, at least this western portion, whereas, this would all be served by gravity by Meridian ultimately. De Weerd: Council, any questions? Donnell: Madam Mayor? De Weerd: Yes, Mrs. Donnell Donnell: First of all, Brad, thank you for this. This was exactly what we asked for and then some, because we did say, you know, put it down in black and white what the pros and cons are of each one of those and so I labeled these A, B, and C on those options and, you know, my limited knowledge and experience with water and sewer, other than I'm glad I have them, is that -- is that I really don't know, but this gives me at least a base of making a decision that I will feel comfortable with. And having said that, I don't Meridian City Council June 7, 2008 Page 24 of 56 like option C and I think option B, of course, is expensive at this point, but it seems like in my mind that it's down the road -- it's in the future and so it's just my opinion for whatever it's worth, I like option A. Now, for the public option A was the operation of a satellite water system by the City of Meridian. Thank you. Wardle: Madam Mayor? De Weerd: Mr. Wardle Wardle: Again, thank you, Brad, for all of the information. I -- since we are really looking for opinions at this point from the Council, I disagree with Mrs. Donnell's opinion on option A and I would, actually -- we are really setting policy decision here and I think it's an important policy decision. At this current time I think we are in a situation where we have got -- we have got a property owner that already -- that is -- that has gone out and sought service from a utility and we have opposed that and had a ruling against what we thought was best practice and so I think we need to deal with that, but I don't necessarily want to -- want to remove this area from our referral area, because at some point when we have some increased capacity for the service -- for sewer service, I think it might make sense for a future council to decide whether they'd like to annex that property, so -- in that case, I would prefer option C, which would be to allow -- essentially, to allow this parcel to be serviced by United Water, which was the Public Utility's ruling. De Weerd: Thank you. Any other comments from Council? Okay. Brad, have you talked to United Water on option C and about turning over service or how that relationship might work? Watson: Madam Mayor, no, I have not asked them that question. I guess I should ask them the question. I already know the answer, but I can if you wish. What they do in Boise city is -- is this system where they operate the water utility and Boise city operates the sewer utility, so I'm sure they wouldn't have any problem with that. De Weerd: I have asked the question. Mr. Rountree Rountree: Brad, on that point, one of the cons against that is the ability to administer a turn off and not paying sewer flees. How does Boise work that with United Water? Do they have some kind of an agreement? Watson: Madam Mayor and Councilmember Rountree, Council Members, they publish the names in the Statesman for delinquent accounts. They are not turn off by United Water. In fact, if I may add a point of interest, the University of Idaho's student -- engineering students devised a mechanism to go in the sewer line to turn people's sewer off. I'm not sure that that met with great success, but I haven't heard it being used a whole lot. De Weerd: That would get instant attention Meridian City Council June 7, 2005 Page 25 of 56 Watson: It was in the paper one day Nary: Madam Mayor? De Weerd: Yes, Mr. Nary. Nary: Yeah. And, actually, the city of Boise patented that product and they do use it Watson: Oh, do they? Nary: They use it fairly often in shutting off sewers. But that's just sewers, not water. United Water does the water. De Weerd: There you go. A whole new pleasurable experience. Dan, did you have anything you wanted to comment on? Wood: Mayor and the Council, 1 appreciate, you know, all of Brad's work. I got to take a look at this a little earlier. You know, of course, my option would be B. But 1 understand -- you know, I was glad to see at least option B there. I did like the little part there, one of -- well, I guess one of the positive sides of one of the cons there is he said there was a little sewer capacity. So, you know, because what I was hoping maybe if at all possible, that with the 44 lots, we'd love to be able to service it off of city sewer and that way for just the 44 lots. You know, looking at the plans here, you know, we are -- ACHD is planning on widening Eagle Road in 2007. Hopefully, that is going to be coming along. You know, the question -- I guess part of the -- you know, it's just a rough guess, I'm sure, or an idea what the cost would be to bring water, you know, from the City of Meridian, we didn't project that it would be that much, but, you know, again, that would be something that we could be definitely entertaining if it was something that we could work out with you guys. You know, it's going to be a nice area. I mean part of the contour of this ground, you know, with what Brad was saying to the west really -- that's probably the ground that would be easiest to sewer back to Boise, just because there is a big bench across there and it's probably 50, 75 feet higher than Eagle Road. So, hopefully, the sewer, it would be -- shoot it all the way back. You know, I was a little surprised, I thought the long-term planning for this area was closer to three units an acre, but with calculations here one to two, I could see that potentially it would be something totally different than what Meridian has elsewhere, meaning the density would be a lot lower, a lot of large lots and what we are finding, there is a lot of people that want large lots that's not necessarily good for the city taxwise. But it sure seems like a lot of people would like to see larger lots, so -- De Weerd: Any questions of Mr. Wood? Bird: I have none. Thank you. Wood: Thanks. Meridian City Council June 7, 2005 Page 26 of 56 De Weerd: Thank you. Okay. Council, do you need any further information from staff? I know they would like direction on what way to go on this. And I'm sure the folks in the audience would love to go home tonight at some point. Rountree: But not Frank. De Weerd: Frank always hangs in until the very last minute. We love you, Frank Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I'm going to ask the same question I asked on May 17th. What's your recommendation, Bradley? Watson: Madam Mayor, Councilmember Bird, I'm really not trying to be obstinate about this, I guess. I can provide recommendations as far as water and sewer, but this really feels like a land policy decision that I'm not sure I'm comfortable recommending. What would be the most logical for the city would, obviously, be option B if we could do it. We can do the water. We can extend the water. There is a cost associated with it. There is little sewer capacity out there to serve anything other than this property. Option A is not real palatable, because we will, obviously, need more staff to operate not only this satellite system, but others that are sure to follow. I'm not sure that's real cost effective. Option C in the very short term that sounds great, in the long term I'm concerned about that -- that marriage between utilities. It does -- it has worked. You know, it depends on who you talk to in Boise city whether it's successful or not. The perfect world would be what we would do. But there is going to be another project right behind this one where we are having the same discussion and I can't provide sewer to it. Bird: Madam Mayor? De Weerd: Mr. Bird Bird: I'm with you, Brad, on option B, because, you know, you can get water out there. I have a problem with the sewer. That is a natural flow to us. If the developer would agree to put his sewer system in -- his little satellite sewer system to our specifications, I would be -- I would be more favorable, put it that way, as long as he met our specifications, so that when we do sewer out there, all you have to do is just hook in. But being a developer and we have no control over that, I mean if it -- if it don't pencil out for him, he's not going to do it, and we are going to get maybe a substandard sewer system to hook into, or we will have to go back in there and redo it all. That's my one concern and I am definitely not for letting United Water in any of our area of impact. Watson: Madam Mayor, if -- I hate to prolong this, but if you'd like us to get together with Mr. Wood and investigate some sort of arrangement about sewer and how that Meridian City Council ,lune 7, 2005 Page 27 of 56 pian review would occur and maybe some cost arrangements on extension of water line, I'm more than willing to do that. I know he's got a sense urgency to get this developed, but we have got time. He may not have time, but I am more than willing to meet with him and talk about some of those things if you would like us to. De Weerd: Well, we meet again in two weeks. Would that give you some time to come back and update Council? Watson: Madam Mayor, we will be -- I will be out of town with some of you next week and I have a week of vacation scheduled after that. Donnell: Oh, you can't go on vacation. Madam Mayor. De Weerd: Vacation? Watson: Finally. Donnell: Madam Mayor? De Weerd: Mrs. Donnell. Donnell: And, Frank, please don't publish this, but I think it's time for the Council to get off the pot. Bird: I agree with you. Donnell: I think we need to make a decision one way or the other and not bring staff back again for -- to have them wrestle through these same issues. So, having said that -- De Weerd: You could have cut bait. Donnell: I liked the sewer comment better. Don't you report that. So, having said that, I would make a motion that we instruct staff to go forward with option B, which is the extension of sanitary sewer and domestic water to Black Rock and I guess we will find some way to pay for it. De Weerd: We have a motion on the floor to approve Item B. Do I have a second? Okay. That motion would die for lack of a second. Or fails. It doesn't go anywhere. Rountree: Madam Mayor? De Weerd: Mr. Rountree. i Meridian City Council June 7, 2005 Page 28 of 56 Rountree: IT make a motion, but I need an answer from Mr. Wood, if you don't mind. What's the criticality of a decision timing wise? l know you wanted it a couple of months ago, but -- Wood: The sooner the better, but, obviously, I want to -- I want to see it be a Meridian subdivision. Rountree: You're already selling lots. Wood: No. We -- Rountree: Close. Wood: We are giving information, but we are not doing anything more than that. Too much of a nightmare. Rountree: And are you willing to explore public-private partnerships on both these kinds of systems that we need in terms of you're willing to commit some of your resources to make it happen? Wood: Definitely. We would be more than happy to do that. Rountree: Okay. And I'm not going to commit you to an amount, but you're already committed, so -- Madam Mayor, I'm going to move that along the lines of what the Public Works director has just indicated, that the city direct staff to work with the applicant to explore a public-private partnership that would address either the extension of or development of a domestic water supply for this potential future subdivision and that they further work through the design specifications for an internal to the subdivision sewage treatment facility that could ultimately be gravity fed into the ultimate extension of sewer -- Meridian sewer trunk lines and not committing to a date certain of when that hookup might take place. Bird: Before I second that, have you got a time limit to come back for Mr. Woods? A time limit, give it a month? Rountree: I have no time limit in that it's a matter of coordinating between the staff and Mr. Woods as far as the development goes. De Weerd: Okay. We have a motion on the floor. Please don't ask me to repeat it. Bird: Before I second that, I want to know what he said. I'll second it. De Weerd: Okay. So, we have a motion and a second to approve item A with the stipulation of the public-private partnership and the details would come back to Council at a later date. Meridian City Council June 7, 2005 Page 29 of 56 Wardle: Item A or Item B? Bird: Item B. Rountree: Madam Mayor, I guess a point of clarification. It would be item option B. I would add to that motion if there is no ability to reach consensus or agreement, that the city final ultimate solution would be Item C -- option C., Upon not reaching consensus. De Weerd: Okay. Rountree: To deal with this issue and get something done. Donnell: Madam Mayor, before we take a vote, Councilman Rountree, if you hadn't of added that last part on there I would have supported your notion, but at this point in going to option C, 1 can't support that, so just to let you know. l liked it to begin with. Rountree: You can make an amended motion. Donnell: I wouldn't even dare try. De Weerd: Any further discussion? And I guess I would -- oh, not comment. Mr. Berg, will you, please, call roll? Roll -Call: Bird, nay; Rountree, yea; Wardle, nay; Donnell, nay. MOTION FAILS: ONE AYE. THREE NAYS. De Weerd: Okay. It's an interesting evening. Do I have another attempt? Donnell: Mr. Rountree, don't you want to make that motion again? Rountree: For discussion, I don't mind making the motion again, minus the alternative, but it seems to me that if we don't reach consensus, we need to have a solution. So, where do we go? Donnell: Madam Mayor? De Weerd: Mrs. Donnell. Donnell: And, Councilman Rountree, l would agree, I think that we have to have some kind of -- somewhere to go, but I think, then, we cross that -- we cross the bridge then. And at this point right now at least we can get them going and begin to have some kind of resolution to this and if that doesn't happen, then, it comes back to us and at that point, then, we look at our options again. Meridian City Council June 7, 2005 Page 30 of 56 De Weerd: So, the added on, instead of item C, would be that it would come back to Council for further discussion. Bird: The motion was -- his original motion -- excuse me. His original motion covered that, basically, if they had an impasse it would come back to -- it would come back to us automatically. Donnell: Right. De Weerd: Okay. Rountree: Madam Mayor, I will amend my original motion by striking the reference to if no consensus is reached that it would move forward with option C, that if no consensus is reached that it comes back before the Council and that would be on the July 12th regularly scheduled meeting. Donnell: Second. De Weerd: Okay. I don't need you to amend it, but just in the motion, since the other one failed, so -- okay. The motion is to do what Councilmember Rountree said the first time, but without the condition, and to come back on July 12th if it doesn't -- if all the details can't be worked out. Correct. Donnell: Yes. De Weerd: Okay. Mr. Berg, will you call roll. Roil -Call: Bird, yea; Rountree, yea; Wardle, nay; Donnell, yea. MOTION CARRIED: THREE AYES. ONE NAY. Berg: Madam Mayor, if I just could ask -- do you want me to tentatively put that on the agenda for the 12th or would you like a report back from Brad saying it's worked out or -- I don't want to -- De Weerd: Let's have a report on the 12th. Berg: Okay. I just don't want it to fall through and you don't know what's going on. Thank you. Item 10: FP 05-033 Request for Final Plat approval of 78 single-family residential building lots and 12 common lots on 24.12 acres in a R-8 zone for Cedar Springs Subdivision„ No. 8 (preliminary platted as Cedar Springs North) by Howell -Murdoch Development Corporation — south of McMillan Road and west of Meridian Road: Meridian City Council, June 7, 2005 Page 31 of 56 Item 11: FP 05-034 Request for Final Plat approval for 43 single—family residential building lots, 1 school lot, 3 office lots and 6 common lots on 34.79 acres in an R-4 zone for Bridgetower Crossing Subdivision No. 12 by Primeland Development, LLP — south of McMillan Road and east of Ten Mile Road: Item 12: TE 05-003 Request for approval of a one-year time extension to file the final plat for McNelis Subdivision by Engineering Solutions, LLP — northwest corner of West Ustick Road and North Ten Mile Road: Item 13: TE 05-004 Request for approval of a one-year time extension to record the final plat for Bridgetower Crossing Subdivision No. 7 by Engineering Solutions, LLP — southeast corner of North Ten Mile Road and McMillan Road: De Weerd: Okay. Item 10, FP 05-003. 1 will start the discussion with Mr. Hawkins -Clark. Hawkins -Clark: Madam Mayor, if it pleases the Council, if I could just give a quick summary on Item 10 and 11 and 12 and 13, they are all different projects, but staff has received letters back from the applicants for Cedar Springs Subdivision No. 8 and Bridgetower Crossing No. 12. The response from the applicant in both cases is that they agree with staff's final plat conditions. On Items 12 and 13, both of those time extensions, we have reviewed and they have got their request in prior to the expiration of both, so staffs also recommending approval of both those items. So, I don't know if the attorney needs to comment, if it's possible to just include that as one motion or not, but that's a pretty easy staff report on the next four items. De Weerd: Thank you. We appreciate that. Nary: It seems like a great idea to me. Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree. Rountree: I move that we approve Items 10, 11, 12 and 13. Bird: Second. Rountree: Subject to staff comments. Bird: Second. De Weerd: It's been moved to approve Items 10 through 13. Mr. Berg, will you, please, call roll. Meridian City Council June 7, 2005 Page 32 of 56 Roll -Cali: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea MOTION CARRIED: ALL AYES. Item 14: Public Hearing: Justice Assistance Grant with Meridian Police Department: De Weerd: Public Hearing on Item 14. 1 will open this Public Hearing for the Justice Assistance Grant with the Meridian Police Department, with comments from Captain Overton. Overton: Madam Mayor, Members of the Council, I'd like to bring your attention to a very exciting Justice Assistance Grant. It's actually exciting for two reasons. One, we may actually get it, and, two, we almost lost this opportunity. We got it the very last minute. This Justice Assistance Grant is a new process the federal government is doing in which it is a total online system -- in fact, they will not accept this grant in an e-mail form or in mail. This grant began in January of 2005 and closed officially March 31 st. Of course, we weren't notified about the grant until April 20th. Now, I say April 20th at 12:19 p.m., because I was given about 24 hours to begin this grant process or we lost it. In fact, they apologized and, then, they told me I had 24 hours to begin it. In this grant we are not trying to achieve money for a project with the term funds not yet determined. In this case we are allocated, the City of Meridian, 12,012 dollars based on a formula that is designed by the federal government based off our type one -felony crimes and our population. This money passes straight through the state system directly to the city and it's allocated for our use. The specifics of the programs are law enforcement prevention and education programs, drug programs. With very little time to put this together, we looked at the needs we had previously. Now, I have sat before this Council a couple of times in the past few years graciously asking for approval for grants, which you have given me, and one of those grants last year was for an anti-drug coordinator position. Again, it was a grant we did not get. In this case we did get approval on our last year's budget, FY 2005, to get a part-time anti-drug coordinator for the city that works out of the police department. What we are proposing in this grant request is that funding to actually support that half-time position that we now have in our police department. We are looking at using the 12,012 dollars in such a fashion, budgeting in such a way that we use 2,500 for training for this person, 2,000 for equipment and supplies, 5,500 for printing, binding, educational and prevention materials and pamphlets and the 2,012 for miscellaneous operating expenses tied to the education and prevention programs. This is not a matching program. We don't have to put up any money along with the federal money. It does not require that. We did have to complete our application prior to coming before this Council and I need to be up front with you on that, because of the very short amount of time they gave us. In so doing they allowed us to submit that application online prior to coming to a public hearing before this board and the public. My request tonight is for your approval to continue to proceed with this grant request for the 12,012 dollars for the listed areas for our anti-drug coordinator position and answer I'll any questions if you have any at this time. Meridian City Council June 7, 2005 Page 33 of 56 De Weerd: Council, do you have any questions for Captain Overton? Bird: I have none. Rountree: None. De Weerd: Is there anyone in the public who would like to testify on this application? Thank you. I appreciate your tenacity with us and I probably almost failed, because I couldn't figure out how to do the electronic signature. I'm not technically inclined, so -- do I have a motion? Wardle: Madam Mayor? De Weerd: Actually, we could close the public hearing. Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree. Rountree: I move that we close the Public Hearing on Item No. 14. Bird: Second. De Weerd: Okay. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: First I'd like to thank Captain Overton for his quick action and attention in bringing this forward. I think it's a wonderful program and assists in our attempts to educate and really matches up with what we are doing in departments, so with that I would move that we approve -- do you need an approval to proceed with the grant? Overton: Correct. Wardle: Okay. Move that we approve in proceeding with the grant for the -- the Justice Assistance Grant for our anti-drug coordinator in the sum of 12,012 dollars. Rountree: Second. De Weerd: Okay. The motion is to approve the request on Item 14. Mr. Berg, will you call roll? Meridian City Council June 7, 2005 Page 34 of 56 Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. De Weerd: Thank you. Overton: Madam Mayor, Members of the Council, thank you. Item 15: Public Hearing: VAC 05-004 Request for a Vacation of platted easements for Krispy Kreme Subdivision by Eagle -Fairview Investment Co., LLC -- Lot 1 of the Krispy Kreme Subdivision: De Weerd: Item 15 is Public Hearing VAC 05-004. 1 will open this Public Hearing with staff comments. Hawkins -Clark: Thank you, Mayor, Members of the Council. The item before you is a request for a utility easement vacation in the Krispy Kreme Subdivision. It's zoned light industrial. This is the area of the plat here and the easement that they are proposing to vacate is between Lots 3 and 4, 1 believe. The Planning and Zoning Commission did recommend approval of this. We have received relinquishment letters from all the utilities that have any interest in this easement. The reason is simply to allow the developer the option to have more flexibility in developing the site. The Planning and Zoning Commission did recommend approval and the staff does as well. De Weerd: Okay. Thank you, Brad. Is the applicant here? Do you care to make any comment? No comment. Is there anyone else who would like to provide testimony on this application? Okay. Council? Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: With that I move that we close the Public Hearing on Item 15. Donnell: Second. De Weerd: Okay. The motion is to close the Public Hearing Item 15. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Bird: Madam Mayor? De Weerd: Mr. Bird. Meridian City Council June 7, 2005 Page 35 of 56 Bird: I move we approve VAC 05-004 and incorporate staff comments and to pass the Findings of Facts, Conclusions of Law, and Decision of Order also. Rountree: Second. De Weerd: Okay. The motion -- Nary: Madam Mayor? De Weerd: Yes, Mr. Nary. Nary: Just as a note, on all the vacations you will simply receive a resolution back approving that vacation and that will be recorded, so there is no findings in all of that. De Weerd: Okay. Nary: But you will see the resolution as the final action. I'm sorry. Just to make it clear. De Weerd: So, the motion would be to prepare a resolution? Nary: Yes. De Weerd: Okay. Is that okay with the motion maker? Bird: Perfect. De Weerd: And the second? Rountree: Sure. De Weerd: Okay. Mr. Berg, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Item 16: Public Hearing: VAC 05-005 Request for a Vacation of a portion of a 20 - foot utility easement between Lots 20 & 21, Block 1, Stokesbery Subdivision No. 2 by Properties West, Inc. — west of North Eagle Road and north of River Valley Street: De Weerd: Thank you. Okay. Public Hearing Item 16, VAC 05-005. Brad. Hawkins -Clark: Thank you. Similar to the previous item, this request is for a vacation of a portion of a 20 utility easement in Stokesberry Subdivision there on the half mile between Fairview and Ustick on the west side of Eagle Road. This previously platted Meridian City council June 7, 2005 Page 36 of 56 subdivision, the one condition that we had that staff was to receive before this meeting, a consent from the business owners association. We had not received that consent prior to the Planning and Zoning Commission, but yesterday we did receive that and we asked for that, essentially, because they do have an interest as the owners here, Mr. John Barnes did give us that notarized consent. So, we have what we asked for and the Planning and Zoning Commission also recommended approval. De Weerd: Thank you, Brad. Would the applicant care to comment? Is the applicant here? Okay. The applicant is here and has no comment, unless there is questions from Council. Is there any further testimony on this application? Okay. Council, any information needed? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we close the Public Hearing for Item 16. Rountree: Second. De Weerd: Okay. The motion is to close 16. All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: 1 move we approve VAC 05-005 and have the attorney draw up a resolution showing so. Rountree: Second. De Weerd: Okay. The motion is to approve Item 16. If there is no further discussion, Mr. Berg, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Item 17: Public Hearing: CLIP 05-017 Request for a Conditional Use Permit to construct 7 office buildings in a previously approved Planned Unit Development of Lot 6, Block 1 of Resolution Subdivision No. 1 for Sa ecrest Subdivision by Larry Sundell — south of East Overland Road and east of South Locust Grove Road: Meridian City Council June 7, 2005 Page 37 of 56 De Weerd: Thank you. Item 17 is Public Hearing CUP 05-017. I'll open the Public Hearing with staff comments. Hawkins -Clark: Thank you, Madam Mayor, Members of the Council. This application is for a Conditional Use Permit for seven office buildings. This is an area that you're most familiar with. The Sagecrest apartments have come before you and are mostly constructed today in the same area. Resolution Subdivision was approved for the entire area several years ago. This application is proposing this layout here. We have one building -- this is Overland Road at the top of the screen, with this existing entrance and the parking lot are constructed already. The application is for the -- essentially, for the building elevations and the building locations. It is proposed as a single development in terms of a theme with the architecture, et cetera. One of the main issues at the Planning and Zoning Commission on this project -- and I'll just bring up the next slide, which is the existing recorded plat, and you will note that up here on the -- in the northeast corner there are two platted lots. This is the parking lot common area here and, then, south of that also two platted lots and, then, there are five platted lots on the south, so -- but they are only proposing three buildings in this area where there were five lots and, then, where there are two platted lots here and two platted lots here, they are also just proposing one building. So, the issue here is that the property is zoned limited office, L- O, and the L -O does require side setbacks, five-foot side building setbacks. So, in order to construct across a lot line, those lots need to be, essentially, combined or there needs to be another plat submitted and recorded. Mr. Sundeil, who is representing them, both at the Commission and here tonight, testified at the Commission that they would like to proceed with a couple of these buildings without -- you know, in order to adjust these lot lines or to get these buildings that are crossing lot lines to be able to proceed. Staff doesn't see any way currently in the ordinance that that's an option. The Unified Development Code that you heard earlier today does allow at staff level lot combination and that would be a fairly straightforward process, but, obviously, that's not an option to them until you adopt the UDC. So, I think that really kind of highlights the main point of difference on this item. Strong support for the building elevations, which here is a general view of the site and, then, front and rear and side elevations are shown here. So, you know, staff has strong support for the project. It does combine well with some of the other architectural themes that we see in Resolution further to the east, but we, under the current ordinance, are just unable to figure out a way to get those buildings to be able to move forward. They do, obviously, have the ability to construct the two -- the two buildings that are on Lots 1 and 3, since those are single platted lots today and they are just asking for single buildings on those. The problem lies in the other areas of the plat. You have received Findings of Facts and the Decision and Order in your packet tonight, with all of the exhibits and the way that it's worded in Exhibit C, which is the conditions, is that prior to us issuing a certificate of zoning compliance for any structure on those lots I just talked about, they have to either reduce the number of build -able lots or propose buildings that -- that meet the minimum building setback. That's the way it's -- the condition's worded. That's number three on Exhibit C. And with that I think I will end staff comments. Meridian City Council June 7, 2005 Page 38 of 56 De Weerd: Questions for staff? Council? Okay. Would the applicant like to make any comment? If you will, please, state your name and address. Sundell: Yes. I'm Larry Sundell, I'm the architect for the owner, which is Edge, LLC, and we really just have the singular issue, which is the lot line adjustment and if you did look at previous ones, the way the project was initially laid out when the owner purchased the property, it is that it allowed for -- you see five, six, seven, eight, nine -- you can build 1,500 square foot offices on it and it wasn't logical that people would want a freestanding 1,500 square foot offices. At that point they would really become a tenant in a larger complex. And so I was asked to cross over the property lines and design a building that would be in the 4,000 or 3,000 square foot range that was more logical for the owner's desires. We recognize now after going through with the Planning and Zoning people that we are up against -- we have two different decisions -- ways that we can approach this. We were given the decision that we could have it re -platted and that takes in the five or six month time range and just for the erasure of lines between them when there are no easements seemed excessive. The second item was the potential law adjustment where the lot adjustment, at which time it was to take three months. So, our gamble was do we wait the three months and hope the law passes and if it doesn't, then, we go back and we have to go through the five-month process. So, so far it's been our contention that we would gamble on that we would go that the law would pass for staff level lot line adjustment. However, in doing this, in the Planning and Zone, I suppose, in a way felt sorry for us, because we were trapped by what was the law and they hoped to erase that or to make amendments so that this could be something that would be very easy to accomplish. Thus it would -- excuse me. It would be my request that we would be allowed to build one of the buildings, because they have had a tenant for that building since February and when I go through the time line on the development side, it became very frustrating. So, on Lots 54 and 55 they have had a tenant since February and we would like the ability to build a 3,100 square foot building on that and at which time all of the remainder of those we would wait out the law of the lot line adjustment. De Weerd: Thank you. Council -- Sundell: Excuse me. It was also my understanding -- I asked staff about this, Mr. Craig Hood, and he mentioned that this was something that had been done before. I don't know the example of that, but he mentioned that to me, so you wouldn't be venturing into new territory. De Weerd: Thank you Bird: I have none, Mayor. De Weerd: I guess to our city attorney, are there other options here that can be considered? How -- I believe we have done this before. Why is this different from those than it is here and how can we accommodate this request? Meridian City Council June 7, 2005 Page 39 of 56 Nary: Madam Mayor, Members of the Council, I guess maybe Mr. Hawkins -Clark could remind us what has he said we did before, waive the lot line requirement? Just did it at a staff level? Sundell: It was my understanding that you authorized the building department to review the project and I'm not sure of the details after that. He just mentioned to me that it was something that had been done before and that's as far as the conversation went. De Weerd: Mr. Hawkins -Clark? Hawkins -Clark: Madam Mayor, Members of the Council, I do not know what that example would be. I didn't talk to Craig about that. The planned development ordinance does allow for exceptions to dimensional standards. However, an applicant needs to formally request that, so that we can put that into our noticing, so that everyone knows they are proposing to eliminate the side setback and I don't believe that was noticed this way. Sundell: It was my understanding we looked at that option, but we still had to maintain a legal lot. In other words, we couldn't move the lot line over, so that there would be a one foot piece, because we stili have to have a legal lot that was left. So, we couldn't do that either. Just on the developer's side, it was frustrating in time, because it was submitted with the tenant ready to go on February 15th and we were heard -- I understand Meridian is very busy now, so we were heard on May 7th and it's now June 5th and, then, we have an additional three months or five months, plus another month and a half at the building department and so it was -- I was expressing the owner's frustration. De Weerd: Thank you. I can understand that. Nary: Madam Mayor? De Weerd: Yes, Mr. Nary. Nary: I guess to answer your question; I don't think there is another alternative. I mean when they when they bought this property or filed this application, really, the ordinance that's in place at the time is what governs, not what might change three months from now or five months from now or anything else. What -- they have platted lots, they know the lots existed at the time, they can't build buildings across the platted lot lines, they all know that, so they have to ask to readjust the plat to do that. I recognize it does take awhile to do that, but I mean that's -- that's the nature of the game. They know that when they buy it. So, there isn't really an alternative. It sounds to me that planning has really tried to come up with whatever alternative exists, but there really isn't one. That was the alternative. You know, they probably should have done that. I mean that's not much help now, but that would have been the right thing to do, because you can't really rely on the City Council to pass the law somehow timely that will affect you in a positive way. The law that exists when you file it is what matters. Meridian City Council June 7, 2005 Page 40 of 56 De Weerd: Okay. Why is this a CUP, then? Nary: Why is this a CUP? De Weerd: Uh-huh. Nary: I think it's because of the adjustment of the building in relation to the lots that exist. Sundell: This was a small portion of a large project that had two portions of it earmarked out for commercial development or limited office development. It was at that time that it was decided that each of these would have to go through the conditional use process and they had already agreed on the use and the lots, so it just seemed redundant to do what we had to do. Hawkins -Clark: Madam Mayor, yeah, that's correct, just in other -- in other words, that's correct, the conceptual Conditional Use Permit was granted in '99 to 2000 and that if you only get a conceptual Conditional Use Permit, the ordinance says you have to do a detailed Conditional Use Permit later. This is now later. De Weerd: Okay. Well, thank you. Okay. Is there anyone else who would like to provide testimony on this application? Okay. Council? Rountree: Madam Mayor, I have a question for Mr. Nary. Is there any way that the processes can be run parallel? In other words, if the applicant, in good faith, initiates or maybe already has initiated a plat amendment, is there an action that the Council can make based on that as it relates to either a short variance on the ordinance one time, for instance, or -- Nary: Well, Madam Mayor, Members of the Council, Councilmember Rountree, I guess I would caution on a variance if that's the reason, because I think the hardship is really self-imposed and that's probably not the best remedy to fix that. The process now -- I mean if -- at this juncture I think -- and Brad can correct me if I'm wrong -- without the amendment to allow the staff to amend the lot lines, the adjustments that he's asking for, he still needs to do a new plat. The process for that does take awhile, I understand that, with all the engineering and the like. If he wants to gamble that -- as Mr. Sundell indicated was that they were gambling that the ordinance that would be passed by the UDC, would be passed in time, but before you saw it. Now, if that was before you, if that's the way the ordinance had changed and they had asked me does it apply, my answer would be, no, it doesn't apply, because what applies is what exists when you file it. But I understand that the Council might be inclined to say we have changed our ordinance and will, therefore, allow you to, essentially, transfer that application under our new ordinance and not pay a new fee and we will consider it that. That would make some sense. Legally its probably not necessary, but it would certainly make some sense. At this juncture 1 think that's kind of where Mr. Sundell is left with. He could build Meridian City Council June 7, 2005 Page 41 of 56 the buildings that are within the platted lot lines and that are already existing. That's why the CUP is here. If he wants to build it differently, then, he can wait and hope that the Council will approve that ordinance which will allow and direct staff to review this application in light of that, otherwise, he needs to replat the property. Again, they bought it with it platted that way, it wasn't like a big surprise, that's the way it looked when they bought it, when they designed the buildings for it, they knew they had to fit in those boxes, otherwise, they'd have to do a redraw. De Weerd: Does that answer your question? Rountree: Sure. It did. De Weerd: Okay. Rountree: Question in terms of process, Madam Mayor. As far as the ordinance, we will hear that on -- what was the date we specified? The 19th? De Weerd: Of July. Rountree: Of July. As soon as those -- De Weerd: I don't think we had a day -- Rountree: Or did we have a day? De Weerd: -- they were supposed to bring it back in -- Rountree: Or to bring it back in two weeks. De Weerd: And then set the schedule. Rountree: So, that's the soonest it would be is the 19th of July. but, you know, I'm just - - that's pushing it. I'm just trying to get a sense of when we might have approval of this ordinance. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: While we are talking about the ordinance, that's -- that's assuming what you have -- or not assuming, but that would be for a first hearing, first public hearing, and given the magnitude of the project may require more. So, just to -- or of the ordinance itself. Bird: Madam Mayor? Meridian City Council June 7, 2005 Page 42 of 56 De Weerd: Mr. Bird. Bird: And, really, if we pass the ordinance, our legal counsel just said that -- that, you know, what was actually in place when they applied was the existing ordinance that we have got done, which would go to it. We have -- and I hope you can remember, Mayor, because I think you were on the Council -- we have -- Craig's right, we have done this -- I can't think of what project and I can't think of how we worded it, but we have done it, allowed them to cross the lot lines and build and -- but they have to have the application for the new plat going, too. But there was some way we did that. Do you remember, Mayor? De Weerd: I don't recall what -- Bird: I don't recall the project, I just -- I remember doing it. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: But, Madam Mayor, Members of the Council, Councilmember Bird remembers these a lot better than I usually do. The only one that I can think of in recent memory that we were very flexible from the city and the Council's direction to staff was in EI Dorado and Silverstone, because -- and Fairview Lakes, because we had -- we had no set lot lines and so they came forward with the project and, then, basically, the plat forward that matched the lot, because it was all very fluid. Now, maybe I'm wrong, Brad, maybe I'm mixing up the projects, but I think that was the one that -- that I can recall, at least, that -- that the city said we will let you build -- we will direct the staff to issue the building permit based on this -- based on this footprint, but you're going to have to bring that plat back with that same footprint and those setbacks and everything else. Now, maybe I'm dreaming of that, too. Brad, do you recall that? Hawkins -Clark: We may all be dreaming. I don't know. No. I think that's definitely correct on Fairview Lakes. I mean I think the big difference is that the commercial zones in Meridian don't have required side setbacks and this is an office zone and it does have a required side setback. So, we are talking about two different zones. De Weerd: That's true. Bird: Yeah. When we -- excuse me, Madam Mayor. When we annexed and zoned this and everything, this was office -- was zoned office. You're right. That is a difference. Okay. De Weerd: I thought it was a PUD. Does that mean that this is L -O? Hawkins -Clark: On this project? Meridian City Council June 7, 2005 Page 43 of 56 De Weerd: Uh-huh. Hawkins -Clark: It doesn't necessarily mean that, no. I mean you could have a planned development in any zone. But in this case they did a conceptual overall, you know, where they had the ice-skating rink and they had the apartments and there was a lot of different things with this project. It was -- but it doesn't look anything like the concept today. But, unfortunately, at that time, since they didn't really know what was going to happen, we said, well, we want to see detailed conditional use permits in the future. So, they did do a planned development. But the zoning hasn't ever changed from when they annexed. It is commercial at the corner of Locust and Overland, just to the west of this. De Weerd: Okay. Council? Rountree: Wouldn't it be quicker to change -- request for a zoning change? De Weerd: No. They haven't closed it. 1 guess Councilman Rountree asked if it would be more -- if it could be expedited by requesting a rezone. Is the process the same? About the same. Hawkins -Clark: I mean the difference is, of course, as compared to a plat it would certainly save them about four months. It would be -- it wouldn't be much faster, but if you think about it in terms of the Unified Development Code and the time frame that you're under, it's probably about the same, because we could -- certainly with your direction to us we will work with them to expedite a rezone application, we are happy to do that, but we do still have the 30 day requirement notice, et cetera. And if they did rezone it, that would take away the requirement for that interior side setbacks, but it's still going to be three months or maybe two and three-quarters or something, if we -- Nary: Madam Mayor, wouldn't the rezone have to go back to the Planning and Zoning Commission? So, I mean right now their schedule is pretty full. I couldn't imagine they would be able to get that on their agenda even until at least -- well, they would be lucky if it was the 1st of August. It would probably be the second meeting in August before they would hear it, which means you wouldn't see it again until the end of September. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Well, I'll ask either Brad or Mr. Nary, either one of them. What -- what legally can we do with the restrictions that would help this? I mean we are talking about -- and don't get me wrong, the owner when he bought it knew he was -- knew what he was up against. He should have, you know -- now he's asking us to bail him out. But he's got a client that's been there since February and what I -- all these scenarios I keep hearing -- next February he might see his building started up, if he's still with us, if he doesn't move to the west or east. What can we do as a Council? I mean I don't want to set this as a precedent or anything like that, but evidently Planning and Zoning approved it with Meridian City Council June 7, 2005 Page 44 of 56 the conditions. Can we -- what kind of conditions and stuff can we put on that we -- that the city is safe and we are not setting a precedence? If there is any. De Weerd: Well, who wants to tackle that, Bill or Brad? Bird: I don't care. Whichever one of them wants to answer. Nary: Madam Mayor, Members of the Council, I guess I'll take the first stab at it. The problem that you have is you have an established plat with lot lines on it. if you waive those without going through the proper process, you will have set a precedent. You have lots of developers that would love the ability to come and build a building in a different way and not have to go through that process. The UDC will probably address that most of the time, but that may not be the fix all to everything and you will have set that standard that once you file the plat and you have recorded that, that those lot lines may not necessarily apply anymore without the process. I guess that's a risk that you have. I know you would like to grant this one time exception, but I don't know that we -- there is no -- again, there is no hardship here that you could really articulate that's any different than anybody else would have. It's not -- it doesn't work out very well and they got -- they have got a client that wants a building bigger than the lot that they own, but that's not really a hardship that you're going to be able to justify to anybody else to not be in the same boat. Right now, like I said, it would appear the UDC may resolve some of those things, but -- and yet we don't know that for sure. So, I just I guess want to be cautious for the Council to not end up doing something you're regretting later, when it just seems to be a nice way to make this go away. And, Brad, I don't know if you have anything else to add to that. Hawkins -Clark: No, I don't. I mean I would agree, but I was just sitting here looking at the plat and the limited office has a 7,000 square foot minimum and I guess I'm just wondering maybe if Mr. Sundell had thought about this. I mean you have -- if the goal is to just get one building, the person that seems to be most interested -- I mean can -- could do lot line adjustments to shift these. Granted, we can't eliminate any of these five lots, but you could still lot line adjust them, which is only a three week process, create -- as long as none of these go below 7,000 square feet, you could still create one lot that may be -- you know, that is wide enough to accommodate the building. So, I guess I -- that's the only option that I can think of. I don't see why that wouldn't work. De Weerd: Thank you, Brad. Do you have any comment, Mr. Sundell? Sundell: Yes. I was wondering if the Council would have the authority to allow the building department review the project without the CZC in place and when that catches up would actually issue the permit. Nary: Madam Mayor, Members of the Council. Mr. Sundell, so you're asking the building department to review it, not issue a building permit -- Meridian City Council June 7, 2005 Page 45 of 56 Sundell: That's correct. Nary: --wait until -- Sundell: The CZC is received. Well, the CZ -- the certificate of zoning -- the zoning certificate or whatever it's called. Nary: 1 think that's -- I guess I think that's what we are discussing is that right now they can't do that, because of the particular location they want to build this building and what the setback requirements are. And, like I said, the UDC may not technically apply, but this Council can certainly direct the staff to consider it a new application, waive the fees, do all of that. I don't know when that's going to happen. That might be October. Are you just wanting that to make sure they review that and so in October if the UDC passes and the staff grants your request, you can start your construction, then? Because I think -- 1 guess to be clear for the record, I think what Mr. Hawkins -Clark was saying was if you change the location of the building, you wouldn't have the same requirements and they would be able to do that. That's not something that's workable and -- if I understand him correctly. You're just talking about -- Sundell: Specifics to start putting into the lots to keep moving them off to the left until one of them has enough space to do that. It doesn't have the square footage on them. I thought maybe it would. Fifty by eighty -- 45 -- what, 80 isn't even a legal lot, is it? I could work with staff to see if there is a way that those could be moved over enough that we could construct the one structure that they have a tenant for. It was a quandary for me to know which way to do it, as to wait for the law to pass that might not pass, or to start a plat process that would take five to six months. That's my own quandary, I guess. Rountree: Madam Mayor, I'm totally confused at this point, so IT just run through what I think I heard. The client -- your client has -- is interested in building a building that would occupy Lots 54 and 55. Sundell: That's correct. Rountree: So, we are not talking about those lots to the west of the access road. At this point -- Sundell: That's correct. Rountree: -- they are not the ones in question. Madam Mayor, if I could follow up with Brad. He suggested that there is a three-week process that can deal with a lot adjustment. What are the strings attached to that? Hawkins -Clark: Councilman, that's just preparation of a record of survey, submit a one page application to our department with that record of survey that shows how the plat lays today and, then, where the new line -- the adjusted lines would be. Meridian City Council June 7, 2005 Page 46 of 56 Rountree: So, in this particular case, really, the only lot line that's in question is that between Lot 45 and 55, if that line were to be shifted either to the east or the west and divide that into two lots, one of them being a landscape easement lot in order for them to center a building on one or the other lot numbers, would that be consistent with the lot line adjustment or are we hampered by some other square footage requirement? Hawkins -Clark: I guess where I'm confused, I would have to go back to the original approval, because these lots are already substandard compared to our L -O zone. I mean the L -O standard is 7,000 and these are, obviously, below. So, I don't know how small they can go. That's the critical question. I'm assuming that the original planned development said, you know, they still couldn't go below a certain size. That's why I had suggested, if it's at all an option for his client, to consider shifting over to the west side. Rountree: My suggestion is that we look at one of those lots as a landscape lot, which we would typically have in a PUD that would become part of the landscape area that would ultimately be owned and operated and cared for by the association of folks that would be in the ultimate subdivision. Hawkins -Clark: Oh. I see. Yeah. The ordinance standards wouldn't -- for the lot line adjustment -- you have to retain two buildable lots. You can't convert one of them to a -- Rountree: Just looking for avenues here. De Weerd: Mr. Wardle. Wardle: Madam Mayor, if I could interrupt here real quick and certainly I feel sympathy for the applicant and the client. 1 don't want to make a habit of engineering applicant's projects at the public hearing stage. My opinion is I like the layout of the office. Staff feels strongly about the buildings and the viability of the office up front. We have got some options that the staff is certainly willing to work with and I think the direction from Council is that if we can find a way to make it work within our current ordinance and our zone, let's do it, work with the lot lines and we have got a potential square footage issue and so that would be my direction to staff and if we all agree that we like that elevation, let's move forward to that and we can take care of the majority of this, hopefully, with some revisions in the code. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: So, Mr. Wardle, do you want to continue this until the staff and the applicant and -- or do you want -- do you want to pass on it now or -- Wardle: No. Here is my suggestion. if we agree with the office buildings and the elevation and their location, which is really what's before us today, then, we can Meridian City Council June 7, 2005 Page 47 of 56 approve that with the condition that once the site is ready for a CZC, in some manner, if the staff can be creative enough to find that through some movement of lines, keep them within our standard, then, they can make that determination at staff level. We are being asked to make that. All we are being asked to do is to approve building elevations and their conformance within the zone. Is that correct, Mr. Nary? Nary: I think -- I was trying to follow you, Mr. Wardle. I think that's probably -- Wardle: We can approve this -- we can approve this application and when the property itself is ready, through whichever means the applicant and the staff work out, they could pull that. Nary: Councilmember Rountree -- or Councilmember Wardle, that is correct, you can approve the project that the application is in front of you. The issue -- the only rub is what they want to build doesn't exactly fit. But, yes, you're right, if they can make it fit, that will work out. Rountree: Through appropriate lot line adjustments. Nary: Correct. De Weerd: Okay Sundell: Okay. There was just one comment is that the staff said that these were substandard lots and that is really what has driven this, is that the lots in the plat, 4,200 square feet and the normal lot is 6,000 square feet. And that's what started this process. Thank you very much. Rountree: Thank you. De Weerd: Thank you. Donnell: Madam Mayor? De Weerd: Mrs. Donnell. Donnell: I'd like to make a motion to close the Public Hearing. Rountree: Second. De Weerd: Okay. The motion is to close the Public Hearing on Item 17. All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. De Weerd: Do I have a motion on this item? Meridian City Council June 7, 2005 Page 48 of 56 Wardle: Madam Mayor? De Weerd: Yes, Mr. Wardle. Wardle: I move that we approve Item No. 17, CUP 05-017, and to approve the findings, Donnell: Second. De Weerd: Okay. Motion to approve Item 17. If there is no further discussion -- Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: To the maker of the motion, does your motion include directing staff to work with the applicant to look at potential lot line adjustments in order make this work? Wardle: Yes, it does. Rountree: Okay. Wardle: And any other means that will facilitate the achieval of that within our ordinances. Rountree: Okay. Donnell: Second agrees. De Weerd: Okay. Mr. Berg, would you call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Item 18: Public Hearing: CUP 05-016 Request for a Conditional Use Permit 1 Planned Development for two buildings on one lot in an 1-L zone for Ferguson Enterprises by Ferguson Enterprises, Inc. — north of East Franklin Road and west of Nola Road: De Weerd: Okay. Item 18, Public Hearing CUP 05-016. 1 will open the Public Hearing with staff comments. Hawkins -Clark: Thank you, Madam Mayor, Members of the Council. This request is for property on Nola. It's in between Nola and future Locust Grove Road, north of Union Pacific Railroad, zoned light industrial. Let's see. Now that I'm looking at this, I think this Meridian City Council June 7, 2005 Page 4g of 56 slide might actually be wrong, because it says Nola there, but I think Nola is actually on this site, but -- so, we are talking north is Union Pacific. East Pine is here just two lots to the north. if you have driven by there recently, you see they, eventually, already begun some excavation work on the property. They have received one building permit. This is an existing legal lot and it's eligible to pull that and they did do that, they got a certificate of zoning compliance and construction is underway. The reasons you're seeing this is because they are proposing two buildings -- two principal buildings on the same lot and that is the reason that it's a Conditional Use Permit. Another thing that will go away with the Unified Development Code, though, I should point out. So, here is their proposal. This plan, actually, reflects the cul-de-sac, which does not exist today, but which is proposed when Locust Grove Road is constructed. I believe that's an '07 project and once that is punched through, Union Pacific Railroad does not allow grade crossings near -- that close, so cul-de-sacs will be built there at the north and south sides of the tracks. However, they will still be able to access from both Nola and Locust Grove in the future. Planning and Zoning Commission -- there was no one in opposition. No comments. Mark Kinghorn was the applicant's agent with Kinghorn Architecture, and they presented the application. The only real point of discussion at that meeting had to do with addressing and at that point they were requesting that the city provide them a Locust Grove address. However, the -- Bruce Freckleton representing the Public Works Department, said that really was not an option. He could not come up with a creative way to address off of a street that doesn't exist yet. But they do have the option to change their address in the future should they so choose. I think that was, really, the main points. There is only, I think, really one change and that's Exhibit C. That's the conditions of approval. The way that the second sentence is worded right now, staff recommends that a seating area for employee and customer use would be an appropriate amenity for the site. They do have more than ten percent landscaping and we considered that an amenity. They are proposing -- 1 think they are in agreement that some sitting area within the site for employees for lunches, events, et cetera, is an appropriate thing and we thought that would be a good amenity, but the way that this is worded it just says that it's recommended and I would suggest that you -- you just change that to read that a seating area of employees shall be a second amenity for the site, to actually make it a mandatory condition, instead of a recommendation. So, that's the only change that we have. De Weerd: Thank you, Brad. Is the applicant here? Would you like to provide testimony? if Council has questions for the applicant, he's willing to come forward and answer them. Council, do you have any questions for staff or the applicant? Bird: I have none. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I have a question for the applicant. Are you in agreement with staff comments? Meridian City Council June 7, 2005 Page 50 of 56 De Weerd: He's indicated that he's in agreement with the comments. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we close the Public Hearing for Item No. 18. Bird: Second. De Weerd: All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve the Conditional Use Permit for Item No. 18, CUP 05- 016, subject to staff comments. Bird: Second. De Weerd: Did your motion include the recommendation by staff? Rountree: Staff comments. De Weerd: Okay. Just wanted to make sure that was clear. Okay. Any further questions? Comments? Mr. Berg. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Item 19: Public Hearing: CUP 05-018 Request to amend the existing Conditional Use Permit I Planned Development to allow for a maximum building height of 58 -feet in a C -C zone for Lots 1 & 2 and the southern portion of Lot 9, Block 5 for Marriott Courtyard at EI Dorado by BRS Architects — NWC of East Tarpon Drive and South Eagle Road: De Weerd: Okay. Item 19 is Public Hearing CUP 05-018. 1 will open the Public Hearing with staff comments. Hawkins -Clark: Thank you, Madam Mayor, Members of the Council. This application is proposing a new Marriott Hotel in EI Dorado Bonito Subdivision on the two lots that are ( f Meridian City Council June 7, 2005 Page 51 of 56 outlined in black there. It's at the northeast corner of the site. This is a -- the site plan that was submitted with their application. The access is proposed to be taken off of the existing street system, not -- no new curb cuts or driveway accesses, et cetera, off of Eagle Road. So, the building would actually be out near the landscape buffer. All the parking north, south, and west of the site are of the building. Excuse me. Some of the landscaping. The existing landscaping along Eagle Road is shown here and, then, some of their other additional features. Here is an elevation that would be looking from the north. A few more trees than what exists today, I think. De Weerd: I wondered if that was over in the Seattle area Hawkins -Clark: This better shows the floor plan of the facility. A U-shaped building. They are proposing a three -- three story -- or, I'm sorry, it is four story construction. the Planning and Zoning Commission did not have any public comments. The main points of discussion had to do with access and the applicant agreed with the staff conditions. I believe that they are still in agreement with those and Findings have been prepared for you tonight. De Weerd: Okay. Did you have anything further, Brad? Hawkins -Clark: I didn't. Thank you. De Weerd: Okay. Any questions? Bird: I have none, Mayor. Rountree: None. De Weerd: Well, Billy Ray, since you had to last this long -- Rountree. Get up here. Strite: Billy Ray Strite, 1010 Allante, Boise, Idaho. Thank you very much, by the way. I have no comments. Yes. Put it on the record, if you would, please. Thank you very much. Unless you have questions. De Weerd: We appreciate the landscaping. The elevation is beautiful. Strite: Thank you. Yeah. Those trees are nice. They will probably be in my yard in the wood pile before they get to that point. Thank you. De Weerd: Okay. Bird: Madam Mayor? De Weerd: Mr. Bird. i Meridian City Council June 7, 2005 Page 52 of 56 Bird: if we don't have anymore, I move that we close the Public Hearing on CUP 05- 018. Rountree: Second. De Weerd: Okay. All in favor say aye. All ayes. MOTION CARRIED: ALL AYES. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve CUP 05-018, include staff comment and pass on the Findings of Facts, Conclusions of Law and Decision of Order. Donnell: Second. De Weerd: Okay. The motion is to approve Item 19. Mr. Berg, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Item 20: Public Hearing: VAR 05-011 Request for a Variance to allow a second free-standing monument sign on the same street frontage for King Electric Signs for King Electric Signs — 2200 South Cobalt Pointe Way: De Weerd: Thank you so much, Mr. Strite. Okay. Item 20 is -- was not properly posted, so it needs to -- Donnell: Madam Mayor? De Weerd: We don't -- no, we can't continue it, can we? Donnell: We just table it. Rountree: It has to be re -noticed. De Weerd: So, Item 20 will need to be pulled and re -noticed for June 21st. Is that correct? Hawkins -Clark: Madam Mayor, their letter requested a July date. Bird: Okay. Meridian City Council June 7, 2005 Page 53 of 56 De Weerd: Okay. Oh, really? And so when would be the appropriate time, Mr. Berg? After appropriate noticing and all of that. Berg: Do we have a date in July? Hawkins-Clark: They would like it to be sometime in July. Berg: Well, it just brings up another question. Are we meeting on July 5th? Bird: I hope not. Rountree: I thought we concluded at one point in time we weren't. Donnell: I thought we did, too. Bird: I did, too. Berg: Thank you. Rountree. We won't have a quorum anyway. Berg: The 19th would be good. Bird: Be fine with me. De Weerd: Okay. So, we will re-notice it for July 19th. Okay. Okay. Anything further on that item? Item 21: Amendment to Ordinance No. 04-1093 : RZ 04-007 Request for a Rezone of 10.69 acres from R-4 to R-4, R-8 and L-O zones for Tiburon Meadows Subdivision by Tiburon Meadows, LLC — 1450 and 1460 North Ten Mile Road: Item 22: Ordinance No. 05-1154 RZ 05-006 Request for a Rezone of 4.65 acres from R-4 to L-O zone for Verona Subdivision No. 3 by Primeland Development, LLP — northeast corner of North Ten Mile Road and West Milano Drive: Item 23: Ordinance No. 05-1155 RZ 05-003 Request for a Rezone of 4.42 acres from a R-8 PD zone to a C-N zone for Quenzer Commons Commercial by Landmark Properties, LLC — west of Locust Grove Road and north of Heritage Park: De Weerd: Okay. Do we need to consider Item 21 separate from 22 and 23, since it's an amendment? Do we need to consider 21 separate? Meridian City Council June 7, 2005 Page 54 of 56 Nary: You do not. Madam Mayor, Members of the Council, the only reason that's on there for Tiburon Meadows is the legal description was in error. We actually passed this sometime in early '04, so that wasn't my office that did that, but it was thought by -- it was thought -- so you can consider them together. I just wanted to note that for the record. De Weerd: We appreciate the clarification. Okay. I will ask the city clerk to, please, read Items 21, 22 and 23 ordinances 04-1093, 05-1154, and 05-1155, by title only. Berg: Thank you, Madam Mayor, Members of the Council. Amendment to Ordinance 04-1093, amendment to ordinance 04-1093, finding that the owner Stonehouse Evangelistic Church and Gretta Hewett, trustee for Stonehouse for the Hewett 1992 trust for certain real property has made a written request for a rezone and the zoning classification for real property located at 1450 and 1460 North Ten Mile Road, approximately one half mile of south of the southeast intersection of Ten Mile Road and Cherry Lane, Meridian, Idaho, and that lies within the boundaries of the City of Meridian, from R-4, Low Density Residential District, to R-4, Low Density Residential District, R-8, Medium Density Residential District and L-0, Limited Office District, as defined under Meridian City Code Section 11-7-C, D, and G and providing for a summary of the ordinance and providing for a waiver of the reading rules and providing an effective date. Berg: Item 22, Ordinance 05-1154, an ordinance Verona Subdivision No. 3 for a rezone of property located at the northeast corner of North Ten Mile Road and West Lullilo Drive, City of Meridian, Ada County, Idaho, and described in Attachment A of this ordinance and rezoning certain lands and territories situated in Ada County, Idaho, and within the corporate limits of the City of Meridian and rezoning the land use zoning classification of said lands from R-4, Medium Density, to L-0, Limited Office, pursuant to Meridian City Code, providing that copies of this ordinance shall be filed with the Ada County assessor, the Ada County recorder, the Idaho State Tax Commission, as required by law and providing for a summary of the ordinance and providing for a waiver of the reading rules and providing an effective date. Berg: And Item 23, Ordinance 05-1155, an ordinance Quenzer Commons Commercial for a rezone of the property located on the west side of Locust Grove, north of Heritage Square Park, City of Meridian, Ada County, Idaho, as described in Attachment A of this ordinance and rezoning certain lands and territories situated in Ada County, Idaho, and within the corporate limits of the City of Meridian and rezoning the land use zoning classification of said lands from R-8, Medium Density, to C -N, Neighborhood Business District, in Meridian City Code, providing that copies of this ordinance shall be filed with the Ada County assessor, the Ada County recorder and the Idaho State Tax Commission, as required by law and providing for a summary of the ordinance and providing for a waiver of the reading rules and providing for an effective date. Meridian City Council June 7, 2005 Page 55 of 56 De Weerd: Thank you. You have heard the reading of Ordinances relating to Items 21 through 23. Is there anyone who like to hear it read in its entirety? Hearing none. Council, do I have a motion? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I make a motion that we approve ordinances Items 21, 22 and 23. Bird: Second. Rountree: Subject to -- well, with suspension of rules. Bird: Second. De Weerd: Okay. The motion is to approved Items 21 through 23; is that correct? Rountree: Yes. Bird: Yeah. 21, 22, and 23. De Weerd: Okay. Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. De Weerd: Okay. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 24: Executive Session as per Idaho State Code 67-2345 (1) (c): De Weerd: Item 24 is an Executive Session. Do I have a motion? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we go into Executive Session as per 67-2345(1)(c). Donnell: Madam Mayor? De Weerd: Mrs. Donnell. Donnell: I'd like to ask to be excused from Executive Session. Meridian City Council June 7, 2005 Page 56 of 56 De Weerd: Okay. Donnell: Thank you. De Weerd: Mr. Berg, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Go Into Executive Session at 9:57 P.M. De Weerd: I would entertain a motion to come out of Executive Session. Rountree: So moved. Bird: Second. De Weerd: All Ayes Motion Carried. I would entertain a motion to adjourn. Rountree: So Moved, Bird: Second. De Weerd: Okay and all those in favor. MOTION CARRIED: ALL AYES MEETING ADJOURNED AT 11:47 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) MAYOR TAM DE WEERaP y DATE APPROVED q1 ATT S r %*� LLIAM G. BERG JW, CITY CLERK lkw %r v . June 3, 2005 MERIDIAN CITY COUNCIL MEETING .tune 7, 2005 APPLICANT ITEM NO. REQUEST Presentation of the New Unified Development Code AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Init' I COMMENTS See oftached iCl S. Materlals presented at public meetings shall became properly of the City of Meridian. -P TDIAN UNIFIED DEVELOPMENT CODE 612105 TITLE 11 UNIFIED DEVELOPMENT CODE Chapter 1 — General Regulations Article A — Definitions Article B — Nonconforming Property, Use or Structure Chapter 2 — District Regulations Article A. Residential Districts Article B. Commercial Districts Article C. Industrial Districts Article D. Traditional Neighborhood Districts Chapter 3 — Regulations Applying to All Districts Article A. Standard Regulations in All Districts ACCUMULATION OF JUNK BIKEWAYS CLEAR VISION TRIANGLE DITCHES, LATERALS, CANALS OR DRAINAGE COURSES FENCES MULTIUSE AND MICRO PATHWAYS NATURALFEATURES NOXIOUS USE OUTDOOR LIGHTING OUTDOOR SERVICE AND EQUIPMENT AREAS OUTDOOR SPEAKER SYSTEMS OUTDOOR STORAGE PRESSURIZED IRRIGATION SYSTEMS PUBLIC UTILITIES PUBLIC WATER SUPPLY AND SEWER SYSTEMS SELF-SERVICE USES SIDEWALKS AND PARKWAYS STORM DRAINAGE STRUCTURES SUBJECT TO DESIGN STANDARDS TRAVELING SLEEPING QUARTERS UTILITIES Article B. Landscaping Requirements Article C. Off-street Parking and Loading Requirements Article D. Sign Requirements Article E. Temporary Use Requirements Article F. Private Street Requirements Article G. Common Open Space and Site Amenity Requirements Chapter 4 -- Specific Use Standards ANIMAL CARE FACILITY ARTS, ENTERTAINMENT AND RECREATION FACILITY, INDOOR AND OUTDOORS ARTIST STUDIO BUILDING MATERIAL, GARDEN EQUIPMENT AND SUPPLIES CEMETERY CHURCH OR PLACE OF RELIGIOUS WORSHIP CIVIC, SOCIAL AND FRATERNAL ORGANIZATIONS CONTRACTOR'S YARD DAY CARE FACILITY 6/2/05 DRINKING ESTABLISHMENT DRIVE-THROUGH ESTABLISHMENT DWELLING UNIT, SECONDARY EDUCATION INSTITUTION EQUIPMENT RENTAL, SALES, AND SERVICE ENTERTAINMENT ESTABLISHMENT, ADULT FINANCIAL INSTITUTION FLEX SPACE FOOD PRODUCTS, PROCESSING FUEL SALES FACILITY AND FUEL SALES FACILITY, TRUCK STOP HOME OCCUPATION HOSPITAL HOTEL OR MOTEL INDUSTRY, INFORMATION INDUSTRY, LIGHT AND HEAVY LAUNDROMAT MULTIFAMILY DEVELOPMENT NURSERY OR URBAN FARM NURSING AND RESIDENTIAL CARE FACILITY PUBLIC OR QUASI -PUBLIC USE PUBLIC UTILITY, MAJOR; AND PUBLIC INFRASTRUCTURE RECYCLING CENTER; SOLID WASTE TRANSFER STATION STORAGE FACILITY, OUTSIDE STORAGE FACILITY, SELF-SERVICE TERMINAL, FREIGHT OR TRUCK VEHICLE IMPOUND YARD VEHICLE REPAIR, MAJOR AND MINOR VEHICLE SALES OR RENTAL VEHICLE WASHING FACILITY VEHICLE WRECKING OR JUNKYARD VERTICALLY INTEGRATED RESIDENTIAL PROJECT WAREHOUSE WIRELESS COMMUNICATION FACILITY Chapter 5 - Administration Article A. General Provisions Article B. Specific Provisions CERTIFICATE OF ZONING COMPLIANCE UNIFIED DEVELOPMENT CODE TEXT AMENDMENTS ANNEXATIONS AND REZONES VARIANCES ALTERNATIVE COMPLIANCE CONDITIONAL USES Article C. Surety Agreements Chapter 6 - Subdivision Regulations Article A. General Provisions Article B. Subdivision Process Article C. Subdivision Design and Improvement Standards Chapter 7 - Planned Unit Developments 612105 CHAPTER 1 GENERAL REGULATIONS SECTIONS: 11-1-1: TITLE 11-1-2: PURPOSE 11-1-3: SCOPE AND CONTENT 11-1-4: APPLICABILITY 11-1-5: INTERPRETATION 11-1-6: ERRORS IN LEGAL DESCRIPTIONS OF PROPERTIES 11-1-7: REFERENCES 11-1-8: PRESERVATION OF PRIVATE PROPERTY RIGHTS 11-1-9: SAVING CLAUSE 11-1-1: TITLE: Upon adoption by the Meridian City Council, this portion of the Meridian City Code (Title 11) is declared to be and shall hereafter constitute the official zoning ordinance of the City of Meridian. Title 11 shall be known and cited as the Unified Development Code of the City of Meridian. The Unified Development Code of the City of Meridian is published by authority of the Meridian City Council, and it shall be kept up to date as provided in Section 1-1-3 of the Official Meridian City Municipal Code. Within this document, the Unified Development Code of the City of Meridian shall be referred to as "this Title." 11-1-2: PURPOSE: A. Carry out the intent and purposes of the "Local Land Use Planning Act," Idaho Code § 67-6501 et seq. as amended; B. Carry out the policies of the comprehensive plan by classifying and regulating the uses of property and structures within the incorporated areas of the City of Meridian; C. Establish districts within the City of Meridian in accord with the adopted comprehensive plan in conformance with Idaho Code §67-6511; D. Provide standards for the orderly growth and development of the City of Meridian. As required by Idaho Code §67-6511, such standards include, but are not limited to, those regulating: 1. The height, number of stories, size, design, construction, reconstruction, alteration, repair or location of structures. 2. Size, minimum lot dimensions, landscape buffers, size of required yards, and density of residential properties. 3. The use of structures and property; E. Ensure the most appropriate use of properties; 1 Chapter 1 GENERAL REGULATIONS 612105 F. Protect property rights and enhance property values; G. Provide a method of administration and prescribe penalties for the violations of regulations hereafter described as authorized by the Constitution and Laws of the State of Idaho; and H. Protect and promote health, safety and the general welfare. 11-1-3: SCOPE AND CONTENT: This Title shall consist of the text adopted by Ordinance XX, as amended from time to time, and the Official Zoning Maps adopted by Ordinance XX, as amended from time to time. Copies are available for review at the Meridian City Hall. This Title and each and all of its terms are to be read and interpreted in light of the designations of the Official Zoning Maps. 11-1-4: APPLICABILITY: The regulations of this Title shall apply and govern development and use of all properties (a) within the corporate limits of the City of Meridian and (b) outside the City limits for which annexation has been requested, or as otherwise permitted through written agreement(s) with Ada County. A. No person or public agency shall construct, alter, move, or change the use of a structure or undertake any development unless: 1. The proposed use, structure, or division of property complies with this Title. 2. Any required approval is first obtained as provided by CHAPTER 5 ADMINISTRATION of this Title, and any applicable conditions of approval are met. B. Nothing in this Title shall eliminate the need for obtaining any other required permits, including, but not limited to, building permits, plumbing, electrical, or mechanical permits, grading permits, or any permit, approval, or entitlement required by other titles of the Meridian City Municipal Code, other political subdivisions of the State of Idaho, or agencies of the State of Idaho. C. All properties in the Meridian City corporate limits shall comply with the regulations of this Title unless otherwise preempted by Federal statute or local law statutory ordinance. D. The prosecution of violations that occurred under previous land use regulations and that remain a violation under this Title shall continue until resolved. E. Applications pending as of the effective date of this Ordinance [XX]: 1. Project with pending application. All applications shall be processed according to the regulations and requirements in effect as of the date the Director accepted the application. 2 Chapter 1 GENERAL REGULATIONS 612/05 2. Approved project with pending request for a time extension. Time extension requests shall be consistent with the requirements that are in effect when the original application was approved. 3. Approved projects not yet completed. Any approved application may still be completed as provided by the approval. 11-1-5: INTERPRETATION: A. Language. 1. Terminology. When used in this Title, all words used in the present tense shall include the future; words used in the singular number shall include the plural number and the plural the singular, unless the natural construction of the sentence indicates otherwise. The word "shall" is mandatory, and the word "may" is permissive. 2. Number of days. Whenever a number of days is specified in this Title, or in any permit, condition of approval, or notice issued or given as provided in this Title, the number of days shall be construed as calendar days, except that such time limits shall extend to the following working day when the last of the specified number of days falls on a weekend or Meridian City holiday. 3. Minimum requirements. When interpreting and applying the regulations of this Title, all regulations shall be considered to be minimum requirements, unless stated otherwise. Proposed uses shall comply with all applicable regulations and standards unless specifically exempt elsewhere in this Title. 4. Defined terms. Terms defined in Section 11-1A-1 of this Title shall have their defined meaning when used elsewhere in this Title. For the purpose of readability and clarity, such terms are not shown in initial caps. 5. Section headings. Section headings or captions are for reference purposes only and shall not be used in the interpretation of this Title. 6. References. All references to State or Federal laws and/or regulations shall refer to such laws and/or regulations as they may be amended overtime. B. Measurements 1. Structure height shall be measured in accord with the Meridian City Building Code as set forth in Title 10, Chapter 1, of the Meridian City Municipal Code. 2. Linear distance shall be measured in a horizontal line; it shall not be measured along an inclined surface or line. For uses that have a separation standard, the distance shall be measured from the nearest customer entrance of the proposed use to the nearest property line of the specified use. The measurement is to be conducted in a radial fashion by the specified number of feet (e.g., 300 feet, 1,000 feet) . Chapter 1 GENERAL REGULATIONS if 612105 C. District boundaries. Where uncertainty exists about the location of any district boundary shown on the Official Zoning Map, the following rules shall be used to resolve the uncertainty: 1. Where a district boundary approximately follows a property line, such property line shall be construed as the district boundary. 2. Where a district boundary approximately follows a street, alley, or railroad line, such street, alley, centerline, or the extension of such line shall be construed as the district boundary. 3. Where a district boundary approximately follows a watercourse, the centerline of the watercourse shall be construed to be such boundary. In the event of a change in the watercourse shoreline, the boundary shall be construed as moving with the actual shoreline. 4. Where a district boundary does not obviously coincide with any of the above lines (property; street, alley, or railroad line; watercourse), or where it is not designated by dimensions, it shall be deemed to be located along the nearest section, quarter section, or sixteenth section line. D. Conflicting regulations. 1. In case of conflict between the text and the maps of this Title, the maps shall prevail. 2. If conflicts occur between different regulations of this Title, or between this Title and other regulations of the Meridian City Municipal Code, the most restrictive regulation shall apply. 3. It is not intended that this Title interfere with, abrogate, or annul any easements, covenants, or other agreements between parties; however, where this Title imposes a greater restriction upon the use of structures or premises or upon the height of structures, or requires larger space than is imposed or required by ordinances, rules or regulations, or by easements, covenants, or agreements, the regulations of this Title shall govern. E. Allowed Uses. If a proposed use of property is not specifically listed in CHAPTER 2 district regulations, the use shall be prohibited, except as follows: the Director may determine that a proposed use not I isted in Chapter 1 GENERAL REGULATIONS 612105 CHAPTER 2 district regulations, is equivalent to a principal permitted or conditional use. In making the determination, the Director shall consider the following: 1. The impacts on public services and activities associated with the proposed use are substantially similar to those of one or more of the uses listed in the applicable base districts as allowed; 2. The proposed use shall not Involve a higher level of activity or density than one or more of the uses listed in the applicable base districts as allowed; 3. The proposed use is within the same three- digit category of an allowed use listed in the latest edition of the North American Industrial Classification System (NAIC), published by the United States Department of Commerce; 4. The proposed use is consistent with the purpose of the district in which the use is proposed to be located, and 5. The proposed use is in substantial conformance with goals and objectives of the Comprehensive Plan. 11-1-6: ERRORS IN LEGAL DESCRIPTIONS OF PROPERTY: Where a property has not been zoned because of an error in a legal description, the following shall apply: A. If the error is caused by the City, the error shall be corrected and duly processed by the City as soon as the error is discovered. B. If the error is caused by the applicant and/or owner, the applicant shall apply for an Official Zoning Map amendment and submit the proper fees pursuant to CHAPTER 5 administration of this Title. 11-1-7: REFERENCES: References in this Title to other ordinances or codes of the City of Meridian and statutes of the State of Idaho are provided solely for the coordination of this Title with such other ordinances and statutes. Any amendments to cited codes that are adopted subsequent to the adoption of this Title shall be applicable to this Title. 11-1-8: PRESERVATION OF PRIVATE PROPERTY RIGHTS: A. This Title shall be interpreted to equally protect citizens from the undue encroachment on their private property by their neighbors' use of their private property and equally protect each citizen's right to use of their property without creating undue burden upon their neighbors. B. In the administration of this Title, every person shall be secure in their premises, and no employee of the City shall enter upon, investigate, or search any of the premises of any citizen without the consent of such citizen or order issued by a court of proper jurisdiction. 5 Chapter 1 GENERAL REGULATIONS 612105 C. Every citizen of Meridian City shall have the right to appear in person or be represented by their agent before the Council in the proper order of business to appeal a decision pursuant to the procedures contained in CHAPTER 5 administration of this Title. D. In the enforcement of this Title, it shall be deemed to apply equally to each citizen and each property in similar circumstances, and shall not be enforced to discriminate between one individual and/or another individual or other group as compared to all others. 11-1-9: SAVING CLAUSE: Should any section, clause, or regulation of this Title be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of this Title as a whole, or any part thereof, other than the part so declared to be invalid, each section, clause, or regulation hereof being declared severable. Chapter 1 GENERAL REGULATIONS 612!05 CHAPTER 1 GENERAL REGULATIONS ARTICLE A. DEFINITIONS ARTICLE A. SECTIONS: 11-1A-1: DEFINITIONS 11-1A-2: FIGURE 1 AND FIGURE 2 11-1A-1: DEFINITIONS: As used in this Title, each of the terms defined shall have the meaning given in this section unless a different meaning is clearly required by the content. Where terms are not defined, they shall have their ordinary accepted meanings within the context with which they are used. The most current version of the Merriam -Webster's Unabridged Dictionary of the English Language shall be considered as providing accepted meanings. References to the NAIC are North American Industrial Classification System (NAIC), published by the United States Department of Commerce. ABANDONED To cease or discontinue a use or activity for twelve (12) months without apparent intent to resume. See also sign, abandoned. ABUT OR ABUTTING Having a common border with the subject property. ACCESSORY A detached structure in a residential base district that is incidental and subordinate to the STRUCTURE principal structure and is located upon the same property. The term accessory structure shall STRUCTURAL include, but not be limited to, the following: private garage, storage structure, workshop, and/or ALTERNATIVE greenhouse. The term shall not include additional structures for approved public, commercial, COMPLIANCE or industrial uses. ACCESSORY USE A use that is incidental and subordinate to the principal use, and is conducted upon the same ANIMAL CARE FACILITY property. ADA COUNTY STREET NAME COMMITTEE An advisory group on street naming. ALLEY A public or private way affording only secondary means of access to abutting property at the back or side of a property. ALLOWED USE Any use listed in Tables 11 -2A -2,11-28-2,11-2C-2 and 11-2D-2, as a principal permitted, conditional, or an accessory use. ALTERATIONS, Any change, other than incidental repairs, which would prolong the life of the supporting STRUCTURAL members of a building or structures, such as bearing walls, columns, beams, and girders. ALTERNATIVE An administrative determination that a specific application achieves or exceeds specific COMPLIANCE requirements as set forth in this Title. Consideration of alternative compliance is limited in circumstances as identified in this Title. ANIMAL CARE FACILITY Any structure, or portion thereof, that is designed or used for the boarding, care, grooming, diagnosis or treatment of animals, including but not limited to sick, ailing, infirm or injured animals, and those that are in need of medical or surgical attention. The terra animal care shall include but not be limited to an animal clinic, animal hospital, or veterinary office or kennel. Chapter 1 Article A. DEFINITIONS 612105 ANNEXATION The process by which the City's corporate boundary is expanded to incorporate additional property pursuant to Idaho Code §50-222. ANTENNA A transmitting or receiving device used in telecommunication that radiates or captures radio or MACHINE (ATM) other signals, including omni -directional or whip, directional or panel, parabolic or dish, and ancillary antennae. ANTENNA, Also known as a whip antenna. Receives and transmits signals in a 360 degree pattern of OMNI -DIRECTIONAL varying lengths and typically less than 4 inches in diameter. ANTENNA, ANCILLARY An antenna that is less than 12 inches in its largest dimension and that is not directly used to provide personal wireless communication services (i.e., cell phone service.) An example would be a global positioning antenna. ANTENNA, DIRECTIONAL Also known as panel antenna. Receives and transmits a signal in a directional pattern typically encompassing an arc of 120 degrees. ANTENNA, PARABOLIC Also known as dish antenna. A bowl -shaped device that receives and transmits signals in a specific directional pattern. APPROVED USE The term approved use as used in this Article shall include, but not be limited to: a principal permitted use with a certificate of zoning compliance; an approved conditional use; or an approved accessory use. ARTERIAL See street, arterial. ARTISTS STUDIO The use of the site for small-scale, craftsman -operated production of materia€s, assembly of parts, or the blending of materials, including metal, plastics, computer components, electronics, oils, and resins. Uses included are furniture refinishing, machine shops, cabinet- makers, frame shops, and works of art. ARTS, ENTERTAINMENT The use of a site or facility for entertainment, spectator sports or recreational activities. The AND RECREATION use includes, but is not limited to: amusement parks, carnivals, motion picture and performing FACILITIES arts theaters, racetracks, sports fields, golf courses, fitness clubs, museums, zoos, marinas, (NAICS CODE 71) bowling, video and other games and amusements. AWNING A projecting cover extending over a door, window or wall section with support attached to the structures and used as cover, protection, or as decoration. AUTOMATED TELLER A pedestrian -oriented banking device operated by a financial institution for use by its MACHINE (ATM) customers for conducting transactions. The machines may be located at or within the financial institutions, or in other locations. ATMs for use by customers in vehicles are included in the definition of drive-through establishment. BABYSITTING 1) The act of caring for up to three (3) children at the home of the babysitter while the parents or usual guardians are absent on a sporadic or occasional basis; or 2) The act of caring for sibling children at their home or at the home of a relative. Babysitting is not regulated by this Title. BARRIER A vertical element including, but not limited to, a fence, wall, structure, or a combination thereof, that completely surrounds an area and controls access to such area. BERM An earthen mound designed to provide visual interest, screen undesirable views, and/or decrease noise. 2 Chapter 1 Article A. DEFINITIONS 612105 BUFFER A combination of physical space and vertical elements, including but not limited to, trees, shrubs, berms, artwork, fountains, seating and/or other landscape features. BUILDING A building shall be as defined by Title 10 BUILDING REGULATIONS, Chapter 1, of the Meridian City Code. BUILDING ENVELOPE The area on a property exclusive of the required yards, setbacks, buffers, and unbuildable areas. See Figure 1. BUILDING MATERIAL, The use of a site for the retail sale and service of merchandise used in home and garden GARDEN EQUIPMENT, improvements. The use includes home and garden centers; hardware stores; lawn and garden AND SUPPLIES (NAICS equipment supply stores; paint and wallpaper stores; lumber yards; nursery, garden and farm CODE 444) supply stores. BUILDING OFFICIAL The officer or other designated authority charged with the administration and enforcement of the Building Code as established by Title 7 of the Meridian City Code or the Building Official's duly authorized representative. CALIPER A measurement of the diameter of the trunk of a deciduous tree. The caliper of the trunk shall be measured six (6) inches above the ground for all trees up to and including 4 -inch caliper size, and 12 inches above the ground for larger sizes. CANOPY A roof -like structure projecting from the exterior surface of a building, but not attached to the building or freestanding, constructed of a supporting framework and covered with nonrigid materials. CASH ESCROW Cash or certified check submitted to the City Clerk for incomplete landscape improvements in order to secure a temporary Certificate of Occupancy. CEMETERY The use of a site for the interment of human remains or cremated remains. The use includes burial parks, mausoleum for vault or crypt interments, columbarium for cinerary interments or a combination thereof. CERTIFICATE OF Official certification that a building and site conform to the provisions of City Codes, including OCCUPANCY appropriate conditions such as a development agreement, and/or conditional use permit. CERTIFICATE OF A document issued by the Director that certifies that the structure or use meets the ZONING COMPLIANCE requirements of this Title. CHORD MEASUREMENT A straight line measurement from the beginning point of a curvature to the ending point of a curvature. CHURCH OR PLACE OF An establishment that by design and construction is primarily intended for conducting RELIGIOUS WORSHIP organized religious services, meetings, and associated activities and that is recognized as a religious corporation or society of the State of Idaho with a state tax exempt status in accord with Idaho Code §63-60213. CITY The City of Meridian, Idaho, CITY ENGINEER The City Engineer of the City of Meridian. Idaho, or an authorized representative of the Meridian Public Works Department. CIVIC, SOCIAL AND A facility owned or operated by an organized association of persons for a social, literary, FRATERNAL political, educational or recreational purpose primarily for the exclusive use of members and ORGANIZATIONS (NAICS CODE 613) their guests; and not primarily operated for profit nor to render a service that is customarily carried on as a business. 3 Chapter 1 Article A. DEFINITIONS 612105 CLEAR VISION TRIANGLE The boundaries of an area at the intersection of (a) two (2) public streets; (b) the intersection of a public street and driveway; (c) the intersection of a public street and alley; or (d) at the crossing of a railroad over a street, where visual observations are limited and specified by this Title for the purpose of protecting public health and safety. Also known as a sight vision triangle. See Figure 3. COLOCATION The use of a single tower to support more than one wireless telecommunication service provider's equipment, or the mounting of an antenna to a preexisting structure. COMMERCIAL VEHICLE See vehicle, commercial. COMMISSION The Planning and Zoning Commission of the City of Meridian, Idaho. COMMON DRIVE An access shared by adjacent property owners that is privately owned and maintained. COMPREHENSIVE PLAN The duly adopted comprehensive plan for the City of Meridian, Idaho, pursuant to the "Local Land Use Planning Act," Idaho Code §67-6501 at seq. as amended. CONDITIONAL USE A use that, owing 10 some special characteristics attendant to its operation or installation (for example, potential danger, hours of operation, or noise), is allowed in a district subject to approval by the Planning and Zoning Commission and subject to special requirements in conformance with Chapter 5, Article B of this Title and as enabled by Idaho Code §67-6512. CONDOMINIUM An estate in real property as defined in Idaho Code §55-1016 that is not a subdivision. CONTIGUOUS LAND Unplatted parcels held in one ownership that abut each other at a common boundary. CONTRACTOR A person who agrees to furnish materials or perform services at a specified price, especially for construction. The term contractor shall include, but not be limited to, building, landscaping, electrical, plumbing, heating, or air conditioning contractors. CONTRACTOR'S YARD Any area of land used by a contractor for storage, maintenance, or processing incidental to the business of building, hauling, excavation, demolition, or similar activity and including any area of land used for minor pre -installation work or repair of machinery used for any of the above listed activities. CORNER PROPERTY See property, corner. COUNCIL Meridian City Council. CUL-DE-SAC See street, cul-de-sac. DAY CARE FACILITY Any home, structure or place where nonmedical care, protection or supervision is regularly provided to children under twelve years of age, or disabled persons of any age, for periods of less than twenty-four (24) hours per day, while the parents or guardians are not on the premises, There are three types of day care facilities distinguished by the number of individuals served: Day care center: more than twelve (12). Day care, group: more than six (6) but no greater than twelve (12). Day care, family: six (6) or fewer. DECISION-MAKING BONY The Director, Commission, or Council, as set forth in Chapter 5 of this Title. DEDICATION The setting apart of land or interests in land for public use, charitable, religious, or educational purposes. DENSITY The number of dwelling units per acre of land. 4 Chapter 1 Article A. DEFINITIONS 612105 DENSITY, GROSS The ratio of the total number of dwelling units within a development divided by the total area, including streets; alleys; easements; waterways; and common spaces. DEVELOPMENT Any construction or installation of a structure, or any change in use of a structure, or any subdivision of property, or any change in the use of the land that creates additional demand and/or need for public facilities. DEVELOPMENT A written agreement as a condition of annexation or rezone between the Council and an AGREEMENT owner or applicant concerning the use or development of a property in accord with Idaho Code §6T -6511A and Chapter 5 ADMINISTRATION of this Title. DEVELOPMENT An application for development that requires approval andlor action by the Director, APPLICATION Commission, or Council. DIRECTOR The Director of the Meridian City Planning Department or an authorized representative. DISTRICT OR ZONE The zone district classification, listed in Chapter 2 of this Title, in effect on any given property. DRINKING The use of a site primarily for the sale or dispensing of alcohol by the drink or glass. The use ESTABLISHMENT includes, but is not limited, to bar, brewery, lounge, night club, and tavern. DRIVE-THROUGH The use of a portion of a structure where business is transacted, or is capable of being ESTABLISHMENT transacted, directly with customers located in a motor vehicle. The term drive-through establishment shall include, but not be limited to, providing food or beverage service, bank service, and/or film processing. The term drive-through establishment shall not include fuel sales facility or vehicle washing facility as herein defined. DUSTLESS MATERIALS Hard surfaces used for driveways, loading and parking including but not limited to concrete, asphalt, grasscrete, pavers, bricks, and macadam. DWELLING OR Any structure, or portion thereof, providing independent living facilities for one family as herein DWELLING UNIT defined, including provisions for living, sleeping, eating, cooking, and sanitation. See Figure 2, of this Title, for types of dwellings. DWELLING, A structure, or portion thereof, that contains three (3) or more dwelling units or apartments, MULTIFAMILY where all such units are located on the same property. For the purposes of this Title, a multifamily dwelling shall be deemed multifamily development. DWELLING, SECONDARY A habitable dwelling unit established in conjunction with and subordinate to a single-family dwelling unit. The term shall include guest house, granny Flat, carriage house, garage apartment and caretaker unit. DWELLING, SINGLE- A structure containing two (2) dwelling units attached by a common wall or walls, where each FAMILY ATTACHED dwelling unit is located on a separate property. DWELLING, SINGLE- A detached structure that accommodates a single dwelling. FAMILY DETACHED DWELLING, A structure containing three (3) or more dwelling units attached by common walls where each TOWNHOUSE dwelling unit is located on a separate property. DWELLING, TWO-FAMILY A structure containing two (2) dwelling units attached by a common wall, where both dwelling DUPLEX units are located on the same property. EASEMENT A right of use, falling short of ownership, and usually for a certain stated purpose, as defined by Idaho Code §50-1301. 5 Chapter 1 Article A. DEFINITIONS 612105 EDUCATION The use of a site for education purposes not supported by the State of Idaho. The use INSTITUTION, PRIVATE includes, but is not limited to, elementary and secondary schools; institutions of higher (NAICS CODE 61) learning; professional, technical and trade schools; driving schools; fine arts schools and studios. EDUCATION The use of a site for education supported by the state of Idaho. The use includes, but is not INSTITUTION, PUBLIC limited to, elementary and secondary schools; institutions of higher learning; and vocational schools. (NAICS CODE 61) EMPLOYEE A person employed on (he premises by the property owner and receiving not less than seventy-five percent (75%) of the employee's annual income from said property owners. ENTERTAINMENT, ADULT Adult entertainment shall be as defined in Title 3, Chapter 10 of the Meridian City Code. EQUIPMENT SALES, The use of a site for the sale, rental or servicing of tools, trucks, tractors, construction RENTAL AND SERVICES equipment, agricultural implements, or similar industrial equipment. FAMILY 1) A person living alone or two or more persons related by blood or marriage; 2) A group of not more than ten (10) persons who need not be related by blood or marriage living together in a dwelling unit; 3) Eight (8) or fewer unrelated mentally andfor physically handicapped or elderly persons residing in a dwelling under staff supervision, provided that no more than two (2) staff members reside in the dwelling at any one time. FENCE An enclosure or barrier constructed of wood, masonry, stone, wire, metal or other manufactured materials used to enclose, screen or separate areas. Walls, latticework, and screen are considered fences. FENCE, CLOSED VISION A fence that does restrict or impede vision or sight through the fence by twenty percent (20%) or more. FENCE, OPEN VISION A fence that does not restrict or impede vision or sight through the fence by more than twenty percent (20%). FENCE, NON -SCALABLE A fence erected as a barrier to unauthorized access by persons or vehicles, usually six feet (6) in height and often made of wrought iron or woven wire. FENCE, SOLID A fence that effectively conceals from viewers in or on adjoining properties and streets, materials stored and operations conducted behind it. FINAL PLAT See plat, final. FINANCIAL INSTITUTION The use of a site for lending, exchanging and handling money or currency for customers. The (NAICS CODE 52) use includes, but is not limited to, credit unions, savings and loan, commercial banks, cash machines, insurance agents, and loan establishments. FLAG, CONVENTIONAL Any fabric or bunting containing distinctive colors, patterns, or emblems used as a symbol of a government, political subdivision, or other such entity. FLAG, DECORATIVE Any fabric or bunting containing distinctive colors, patterns, or symbols used to communicate business identification and/or attract, distract, hold, direct or focus public attention. FLAMMABLE An establishment, or portion thereof, wherein combustible substances (as defined by the SUBSTANCE STORAGE Uniform Fire Code) are stored. FLEX SPACE The use of a site for warehousing, offices, and/or retail showroom. Flexibility in use of the interior spaces and low -scale, attractive exterior appearance characterize flex buildings. 6 Chapter 1 Article A. DEFINITIONS 612105 FLOOR AREA, GROSS The measure of total square footage of habitable space of a structure. FOOD PRODUCTS, The use of a site for producing, manufacturing, processing or storage of food products. The PROCESSING use includes, but is not limited to beverages, coffee, ice, snacks, fruits, vegetables, spices, (NAICS CODE 311) confectionary, and dairy products, Excluded uses are animal products, seafood, milling and refining. FOOTPRINT Area of the ground covered by a structure, including the foundation and all areas enclosed by exterior walls andlor footings. FREIGHT TERMINAL See terminal, freight or truck. FRONT PROPERTY LINE See property line, front. FRONTAGE The front of the property, measured along the street from side property line to side property line. On corner lots and through lots, all sides of a lot adjacent to streets shall be considered frontage. FRONTAGE STREET See street, frontage. FULL CUT-OFF SHIELD In its installed position, a light fixture with a full cut-off shield will not allow any direct light above a horizontal plane and no more than five percent (51%) of the total light output may come from the zone from fifteen (15) degrees below the horizontal to the horizontal plane. See Figure 5, of this Title. FUEL SALES FACILITY A retail establishment that sells and supplies motor fuel, lubricating oils, and/or grease to on - premise trade. The use may also include an accessory convenience store selling a limited line of groceries and self- service food items. FUEL SALES FACILITY, A retail establishment that sells and supplies motor fuel, lubricating oils, and/or grease to on - TRUCK STOP premise trade, primarily to trucking industry. The use may also include accessory repair shops, automated washes, convenience store, restaurant and/or motel. GIRDLING Damaging or removing the bark and cambium layer around a tree trunk in a manner that usually kills the tree. GLARE Light emitted from a fixture with intensity great enough to cause visual discomfort, eye fatigue, reduction in a viewer's ability to see and, in extreme cases, momentary blindness. GRADE The elevation of the finished surface of the ground adjacent to the midpoint of any exterior wall of a building or structure. GRANDFATHER RIGHTS See Chapter 1, Article B nonconforming property, use, or structure of this Title, GRAND OPENING A promotional activity used by newly established businesses, within two (2) months after occupancy, to inform the public of their location and service available to the community. Grand opening does not mean an annual or occasional promotion of retail sales by a business. GROSS LAND AREA The total area of the land being developed, exclusive of required street buffers and buffers between incompatible land uses. The calculation for required open space in residential subdivisions and multifamily residential development is based on the gross land area of the land being developed. HARDSHIP An unusual situation on an individual property that will not permit the property owner to enjoy the full utilization of their property as is enjoyed by others in the same District. A hardship can exist only when it is not self-created. Examples of hardship include unusual shape of the property, natural features, or other exceptional physical conditions on the property. 7 Chapter 1 Article A. DEFINITIONS 6/2/05 HEAD-TO-HEAD Placement of sprinkler heads in a rectangular pattern such that one sprinkler head sprays to SPACING the next (spacing is fifty percent (50%) of the sprinkler's spray diameter). HEALTH AUTHORITY The Central District Health Department, the Idaho Department of Health and Welfare, the FACILITY United States Environmental Protection Agency, and any agency as may succeed to any of HOME OCCUPATION their powers, The term health authority shall be liberally construed to include all of the adopted, approved or certified plans, rules, regulations, statutes or laws of the health authority. HEALTH CARE AND The use of a site for ambulatory health care services. Included in this use are offices of SOCIAL SERVICES dentists; physicians; chiropractors; optometrists; mental health practitioners; physical, occupational and speech therapists; audiologists; outpatient care centers; family planning (NAICS CODE 62) centers, medical and diagnostic laboratories, imaging centers, kidney dialysis centers; blood and organ banks. HEAVY INDUSTRY See industry, heavy. HEIGHT, WIRELESS The vertical distance measured from finished grade to the top of the pole, structure, or tower, COMMUNICATION including the antenna. FACILITY HOME OCCUPATION An occupation, profession, activity, or use that is clearly an incidental and secondary use of a residential dwelling unit and that does not alter the exterior of the property or affect the residential character of the neighborhood. HOSPITAL A medical institution licensed by the State that is devoted to the maintenance and operation of facilities for the medical or surgical care of patients twenty-four (24) hours a day, including air transport facilities. The term hospital does not include health care and social services, nursing and residential care facility, or establishments that forcibly confine patients. HOTEL OR MOTEL An establishment that provides lodging to the public for a fee as defined by Idaho Code §67- 4711. IMPACT AREA The area of future possible city incorporation as established by the Area of City Impact Agreement with Ada County. IMPERVIOUS SURFACE A surface that has been compacted or covered with a layer of material so that it is highly resistant to infiltration or absorption by water. It includes surfaces such as compacted sand or clay as well as most conventionally surfaced streets, roofs, sidewalks and parking lots. INDUSTRY, The use of a site for processing data. The use includes, but is not limited to, publishing INFORMATION industries such as newspapers, books, music, Intemet and software; recording and broadcasting studios; data processing centers, call centers, Internet providers and other (NAISC CODE 51) information systems. INDUSTRY, HEAVY 1) A use engaged in the basic processing and manufacturing of materials or products, predominately from extracted or raw materials; 2) A use engaged in storage or manufacturing processes using Flammable or explosive materials; 3) Storage or manufacturing processes that potentially involve hazardous or commonly recognized offensive conditions. INDUSTRY, LIGHT A use engaged in the manufacture, processing, fabrication, assembly, treatment, and/or packaging of finished products or parts, predominantly from previously prepared materials. INFILL Any vacant lot or parcel within a developed area of the City, where at least eighty percent (80%) of the land within a three hundred feet (300') radius of the site has been developed, and where water, sewer, streets, schools and fire protection have already been developed and are provided. 8 Chapter 1 Article A. DEFINITIONS 612105 JUNK Discarded, used, or secondhand materials, including but not limited to, used machinery, scrap LIGHTING, DIRECT copper, brass, iron, steel, other ferrous and non-ferrous metals, tools, appliances, implements, vehicles or portions thereof, furniture, beds and bedding, rags, glass, plastic, cordage, rubber, LIGHTING, INDIRECT OR building materials (excluding lumber), or other waste that has been abandoned from its INTERNAL original use and may be used again in its present or in a new form. LANDSCAPE Watering, weeding, pruning, mowing, litter removal, pest control, and removal/repair of MAINTENANCE vandalism as needed to maintain a neat and orderly appearance. LAUNDROMAT 1) An establishment that provides washing, drying, and/or ironing machines for hire; 2) an LOT, COMMON establishment that provides washing, drying and/or ironing services to walk-in retail customers. LAUNDRY AND DRY An establishment that washes large quantities of laundry or dry cleaning for commercial CLEANING patrons in machines larger than standard laundry machines. LETTER OF CREDIT A letter issued by a bank or other guaranteed financial institution authorizing the City of Meridian to draw a stated amount of money from the issuing bank under specific, stated conditions. LIGHT INDUSTRY See industry, light. LIGHTING, DIRECT Lighting, the source of which is visible to a viewer and/or which is reflected from the surface of a sign or building. LIGHTING, INDIRECT OR Lighting for which the source of light is located in such a manner that the light must travel INTERNAL through a translucent material other than the bulb or tube necessary to enclose the light source, which material has the effect of dispersing the light before it strikes the eye of the viewer. LIVING AREA The area of a residential dwelling as measured in square feet, excluding (he garage. LOT A portion of a subdivision intended as a unit for transfer of ownership and development. LOT, COMMON A lot held in common ownership among all owners of the subdivision and separate from individual building lots. MANSARD ROOF A sloped facade architecturally able to be treated as a building wall. MANUFACTURED HOME 1) A dwelling constructed according to HUDIFHA construction and safety standards and as defined by Idaho Code §39-4105.2) A rehabilitated dwelling certified by the State of Idaho Department of Labor and Industry, Building Safety Division. MANUFACTURED HOME A multifamily residential development developed exclusively for siting manufactured homes on PARK individual spaces that are rented or leased. MATCHED Sprinklers that are designed to work together on the same irrigation valve to deliver an PRECIPITATION RATES equivalent rate of water application, regardless of the are of the nozzle being used. MICROPATH A pathway providing access by way of a short travel link between points of destination. MITIGATION An action that will eliminate, minimize or compensate for impacts from development or uses. MOBILE HOME A transportable structure suitable for year-round single-family occupancy and having water, electrical, sewage connections similar to those of conventional dwellings. This definition applies only to units constructed prior to June 15, 1976. 9 Chapter 1 Article A. DEFINITIONS 612/05 MONOPOLE A cylindrical -shaped pole, usually made of steel, that has no visible break in shape or appearance, other than tapering, which is secured to the ground in a manner to stand vertically upright. MORTUARY An establishment in which deceased human bodies are kept and prepared for burial or cremation. MOTEL See hotel or motel. MULCH A prolective covering placed around plants to prevent the evaporation of moisture, the freezing of roots, and the growth of weeds. MULTIFAMILY Development where there are three (3) or more dwelling units or apartments located on the DEVELOPMENT same property. A multifamily dwelling may or may not be present on the property. MULTIFAMILY DWELLING See dwelling, multifamily. NATURAL WATERWAYS Natural waterways as defined by the United States Army Corp of Engineers, including but not limited to, the Five Mile Creek, Eight Mile Creek, Ten Mite Creek, and Jackson Drain. NEIGHBORING Abutting properties and any properties separated from the subject property solely by a PROPERTIES roadway or dedicated easement. NONCONFORMING A property that lawfully existed prior to the effective date of this Title, but that does not now PROPERTY conform to the dimensional standards for the district in which it is located. NONCONFORMING SIGN See sign, nonconforming. NONCONFORMING A structure that was lawfully constructed and/or existing prior to the effective date of this Title STRUCTURE but that does not conform to the dimensional standards for the district in which it is located. NONCONFORMING USE A use that lawfully existed prior to the effective date of this Title but that does not now conform to the allowed uses for the district in which it is located. NURSERY OR URBAN Any grounds, structures, greenhouses, or premises in which garden, landscaping, or florist's FARM stock is propagated, grown, stored, or packed for commercial sale, and where the general public may purchase goods. NURSING AND The use of a site for providing assistance to individuals needed to perform the routines of daily RESIDENTIAL CARE life. The use includes, but is not limited to, children's treatment facility, assisted care, skilled FACILITY nursing facility, residential care facility, and drug and alcohol treatment facility. (NAILS CODE 623) OPEN SPACE An area substantially open to the sky that may be on the same property with a structure. The area may include, along with the natural environmental features, parks, playgrounds, trees, water areas, swimming pools, tennis courts, community centers or other recreational facilities. The term shall not include streets, parking areas, or structures for habitation. OUTDOOR ACTIVITY An area not fully enclosed that is associated with the use, including storage, equipment, AREA loading and docking, but excluding vehicle parking. OWNER A person, as herein defined, having sufficient proprietary interest in the land to maintain proceedings under this Title. PARCEL A tract of unplatted land or contiguous unplatted land held in single ownership, considered a unit for purposes of development. 10 Chapter 1 Artide A. DEFINITIONS 612105 PARCEL OF RECORD, A parcel of land that was of record in the Ada County Recorder's office prior to April 2, 1984. ORIGINAL PARKING FACILITY The use of a site for parking vehicles for a fee. PARKING LOT OVERLAY Any resurfacing of existing parking lot areas with asphalt or other permanent material. PARKING LOT Removal of the existing parking surface done for the purpose of improvement or repair. REPLACEMENT PARKING LOT, Any change in the configuration, size or distribution of existing painted stripes designed to RESTRIPING create spaces for motorized vehicles. PARKING SPACE, OFF- An area adequate for parking an automobile with dimensions conforming to the requirements STREET of Chapter 3, Article C. OFF-STREET PARKING AND LOANING REQUIREMENTS of this Title. PARK A public or private open space that is primarily used for active recreation. PARKWAY A landscaped area located between the edge of a street section or curb and a sidewalk dedicated to separate pedestrian and vehicular traffic. PEDESTRIAN SCALE The proportional relationship between buildings, outdoor spaces, or streetscapes and the dimensions of the human body. Design on a pedestrian scale is dimensionally smaller than design intended for vehicular traffic flow. Examples are lighting and other street features that are no higher than twelve feet (12'); surfaces with small dimensions such as brick and pavers, a variety of planting and landscaping; arcades or awnings that reduce the perception of wall heights; buildings (hat reflect detail, texture and variety, and signs that are designed for the pedestrian viewing from a short distance. PENNANT Any lightweight plastic, fabric, or other material, whether or not containing a message of any kind, suspended from a rope, wire, or string, usually in series, designed to move in (he wind. The display of a single pennant, unattached to another, may be regarded as a type of decorative flag. PERMITTED USE See principal permitted use. PERSON Includes, but is not limited to, an individual, associations, joint ventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other or any other similar entity. PERSONAL AND The use of a site for the provision of individualized services generally related to personal PROFESSIONAL needs. Personal service uses include, but are not limited to beauty and health care services SERVICES such as salons, hair, nail and skin care, spa, and barbers; locksmiths; and repairs such as footwear and leather goods, and watches. Professional service uses include, but are not limited to; architects, landscape architects and other design services; computer designers; consultants; lawyers; media advisors; photography studios, and title companies. The term does not include health care and social service. PLANNED UNIT Property planned as a unit that demonstrates innovation and creativity in site design to protect DEVELOPMENT (PUD) natural features, preserve open space and create public amenities. PLAT, FINAL A map or plan of an approved preliminary plat meeting all the requirements as set forth in Chapter 6 SUBDIVISION REGULATIONS of this Title and in a form required for recording with the Ada County Recorder. PLAT, PRELIMINARY A tentative map or plan of a proposed subdivision of land, cemetery, or replalting of land, meeting all the requirements set forth in Chapter 6 SUBD€VISION REGULATIONS of this Title. 11 Chapter 1 Article A. DEFINITIONS 12 Chapter 1 Article A. DEFINITIONS 6/2105 PLAT, RECORDED A final plat including certificates, descriptions, approvals and requirements as set forth in Chapter 6 SUBDIVISION REGULATIONS of this Title and the Idaho Statutes, and recorded with the Ada County Recorder. POWER PLANT 1) An electricity -generating facility regulated by the Federal Energy Regulatory Commission including, but not limited to, fossil fuel, geothermal, hydroelectric, biomass, and wind energy conversion facilities; or 2) A Qualifying Facility as set forth in 1 B CFR Part 131.80. PRINCIPAL PERMITTED USE The use of land or a structure allowed in a specific district as distinguished from an accessory or conditional use. PROHIBITED USE Any use that is not listed as an allowed use for that district in Tables 11 -2A -2,11-213-1,11-2C-1, and 11-2D-1, or as determined by the Director in accord with Chapter 1 GENERAL REGULATIONS of this Title. PROPERTY A lot or parcel as herein defined. PROPERTY BOUNDARY The division for conveyance of a lot or parcel for the purpose of adjusting the boundary ADJUSTMENT between properties. PROPERTY, CORNER A property located at the intersection of two (2) or more streets. PROPERTY, FLAG A property in the shape of a Flag on a pole where access to the street is from a narrow right-of- way. PROPERTY LINE, FRONT The line separating the lot or parcel from the street on which it takes access, excluding alleys. PROPERTY LINE, REAR The property line opposite and most distant from the front property line. Where the lot or parcel is irregular and the property lines converge, the rear property line shall be deemed to be a line at a point where the side property lines are not less than twenty (20) feet apart. PROPERTY LINE, SIDE Any property line other than a front or rear properly line. A property line adjoining a street is called a street side properly line. A property line adjoining another property is called an interior side property line. PROPERTY SIZE The computed horizontal area contained within a property, PROPERTY, THROUGH A property other than a corner property having frontage on two (2) parallel or approximately parallel streets, excluding alleys. PUBLIC AMENITY The term public use or amenity shall include, but not be limited to, the following: school site, bike path, transit shelter, park site, and public safety facility such as police, fire, or emergency medical facilities. PUBLIC OR QUASI- The use of a site for a public purpose or public facility, including municipal, state and federal PUBLIC USE services. The use includes, but is not limited to, city hall; community centers; courts; emission testing facility; fire station; law enforcement; library; park-and-ride lot; post office; and transit stations. PUBLIC RIGHT-OF-WAY A right-of-way open to the public and subject to the jurisdiction of a public highway agency. PUBLIC UTILITY Facilities owned and operated by a public utility as defined in Idaho Code g61-129. PUBLIC INFRASTRUCTURE The use of a site for a public infrastructure including, but not limited to: 1) power substation, electric substation, grid switching site, electric transmission line; 2) water reservoir; and 3) municipal wastewater and treatment facility. 12 Chapter 1 Article A. DEFINITIONS 612105 PUBLIC UTILITY, MINOR The use of a site for minor public utility infrastructure including, but not limited to 1) pumping station for water, sewer, or gas; 2) electric sub -transmission line, electric distribution line; 3) water tank; and 4) storm drainage facility and storm detention facility that is not within a right- af-way. PUBLIC UTILITY, MAJOR The use of a site for a public purpose, including municipal and utility shops, garage, of storage. QUASI PUBLIC USE See public or quasi -public Use. REAR PROPERTY LINE See property line, rear. REAR YARD See yard, rear. RECREATION ITEM, The term personal recreation item shall include, but not be limited to, bus, boat, snowmobile, PERSONAL horse trailer, and all terrain vehicles. RECREATIONAL VEHICLE A portable structure primarily designed as temporary living accommodation for recreational, camping, and travel use and as defined in Idaho Code §49-119. RECREATIONAL VEHICLE A premise upon that two (2) or more parking sites are located, established, or maintained for PARK occupancy by recreational vehicles for temporary use for recreation or vacation purposes. RECYCLING CENTER An establishment that is not a junkyard and in which recoverable resource materials, such as paper products, glassware, and metal cans, are collected, sorted, flattened, crushed, or bundled within a completely enclosed structure prior to shipment to others who use such resource materials to manufacture new products. RESIDENTIAL DISTRICT For the purposes of this Title, the term residential district shall include the Low Density Residential District (R-2), Medium Low Density Residential District (R-4), Medium Density Residential District (R-8), Medium High Density Residential District (R-15), High Density Residential District (R-40), and Traditional Neighborhood Residential District (TN -R). REQUIRED YARD See yard, required. RESTAURANT 11 The use of a site for the primary purpose of food preparation, having kitchen and cooking facilities, and where meals are regularly served to the public for compensation. The use includes, but is not limited to cafe, coffee shop, delicatessen, diner, eatery, grill, pizza parlor, restaurant, retail bakery; sushi bar, steakhouse. 2) Establishments with a liquor license that includes a restaurant certificate and that meet the definition of restaurant as set forth in Idaho Administrative Code 11.05.01.04.3) Establishments with a beer and wine license that meet the definition of restaurant as set forth in Idaho Administrative Code 11.05.01.04, including but not limited to brew pubs and wine bars. RETAIL STORE The use of a site that offers merchandise to the public for monetary compensation, The use includes, but is not limited to, convenience stores; food stores; apparel and accessories stores; book, computer, and music stares; electronics and appliances; florists; furniture and home furnishings; general merchandise stores; health and personal care stores; hobby, office supplies, stationary and gift stores; specialty stores; sporting goods; and used merchandise stores. RIGHT-OF-WAY See public right-of-way. SECTION LINE ROADS The following roads are section line roads within the Meridian Area of City Impact: McDermott, Black Cal, Ten Mile, Liner, Meridian, Locust Grove, Eagle, Chinden, McMillan, Ustick, Fairview, Franklin, Overland, Victory, and Amity. The term shall include other roadways that follow surveying section lines as additional areas are added to the Meridian Area of City Impact, 13 Chapter 1 Article A. DEFINITIONS 612105 SELF-SERVICE USES Any commercial use in which there is not an attendant on the site during all hours of operation, including but not limited to automated teller machines, laundromats, vehicle washing, fuel sales facilities, and storage facilities. SETBACK The minimum required distance between the property line and the nearest structure. See Figure 1. SIDE PROPERTY LINE See property line, side. SIDE YARD See yard, side. SIGHT VISION TRIANGLE See clear vision triangle. SIGN Any device, fixture, placard, or structure that uses any color, form, graphic, illumination, symbol, or writing to advertise, announce the purpose of, or identify the purpose of a person or entity, to communicate information of any kind to the public. See Figure 9. SIGN, ABANDONED 1) A sign that no longer serves to advertise a bona fide business, lessor, owner, or activity conducted or product available on the premises, where such sign is located. 2) An inoperable reader board. SIGN, ANIMATED A sign, any visible part of which blinks, flashes, moves or changes color to depict action or create a special effect or scene, regardless of the source of energy causing the animation, except signs performing only a public service function indicating time, temperature, stock market quotations or similar services. SIGN, ARCHITECTURAL Roof sign or projecting sign with no legs or braces that is an integral part of the building BLADE structure, rather than an object added to or standing on the building. SIGN, AWNING The copy area or separate background areas attached to an awning. To be computed as a wall sign when awning is parallel to the wall. SIGN, BACKGROUND The area comprising the portion of a sign on which copy could be placed, not including the AREA supporting structure. When computing the area of sign background, only the face or faces that may be seen from one direction at one time shall be considered. SIGN, BANNER Any lightweight fabric or similar material, usually with a message attached, that is mounted to a pole, building or other on-site structure. Flags, as herein described, shall not be considered banner signs. SIGN, BILLBOARD A non -paint -of -sale sign that advertises a business, organization, event, person, place or thing and that is typically located adjacent to a state or interstate highway right-of-way. SIGN, CENTER A freestanding sign allowed as part of the planned sign program. See Section 11-3D-9 of this Title. SIGN, CHANGEABLE See sign, readerboard. PANEL SIGN, CONSTRUCTION Any temporary sign located upon a property or construction site with a valid and active building permit and generally used for the purpose of identifying the participants, type, time, and reason for construction. SIGN, COPY Any combination of letters, numbers, or logos (identifying print) that is intended to inform, direct, or otherwise transmit information. SIGN, COPY AREA The area of the sign occupied by copy. It is computed by measuring the area enclosed by straight lines drawn to enclose the extremities of the copy. 14 Chapter 1 Article A. DEFINITIONS 6/2/05 SIGN, DIRECTIONAL A sign that foremost contains words such as "entrance," "enter," "exit," "in," 'but," or characters indicating traffic directions and used either in conjunction with such words or separately_ SIGN, FREESTANDING A sign whose background or copy area is wholly supported by a column, pole, foundation, pedestal or other support structure in or upon the ground and that is independent from any structure or other structure. SIGN, HEIGHT OF The distance measured vertically from the adjacent street grade as measured from the top of curb (or edge of pavement where no curb exists) to the highest point of the sign or visual appurtenances. The height of any landscape berm or other structure erected to support or ornament the sign shall be measured as part of the sign height. For residential subdivision identification signs, sign height applies only to that portion of a structure which is physically supporting the sign background area. Other architectural elements primarily related to the entry feature are not regulated as part of the sign height. SIGN, HANGING See sign, under canopy. SIGN, HOLIDAY OR Temporary signs in nature of decorations, clearly incidental to and customarily associated with DECORATION any national, local or religious holiday. SIGN, ILLUMINATED A sign that uses a source of light for illumination. SIGN , A sign, sign structure, or use of a sign lawfully existing prior to the effective date of this Title NONCONFORMING but that does not now conform to the dimensional standards for the district in which it is located. SIGN, OFF -PREMISES A sign that is not related to the property upon which it is located or to the activity being conducted thereon. SIGN, ORIENTATION The placement of a sign in accord with its primary visibility from a particular location. SIGN, PERMANENT Any sign intended and constructed to be long term in nature. SIGN, POLE COVER Decorative structure or treatment that encloses the support structure of a freestanding sign. SIGN, PROJECTING A sign other than a wall sign, that projects from and is supported entirely by a wall of a building or other structure. SIGN, PROJECTION The distance by which a sign extends over public properly or beyond the building line. SIGN, PUBLIC SERVICE A. sign that provides general public service information such as time, date, temperature, INFORMATION weather, directional information and other non-commercial messages of interest to the traveling public. SIGN, READERBOARD A sign on which copy is changed. Copy can be changed manually or automatically. Also known as a sign, changeable panel. Automated readerboards may also be classified as animated signs. SIGN, REVOLVING OR Any sign that incorporates movement of the structure or any portion thereof. OSCILLATING SIGN, ROOF Any sign erected and constructed wholly on and over the roof of a building, supported by the roof structure or extending vertically above the highest portion of the roof. A mansard roof is treated as a wall. SIGN, SCROLLING Text or graphics usually as part of an electronic reader board that moves up or down or across a display screen in a consistent and predictable manner. 15 Chapter 1 Article A. DEFINITIONS 612105 SIGN STRUCTURE Any structure that is specifically designed to support a sign, including decorative cover. SIGN, SUBDIVISION A permanent structure intended to identify a subdivision that incorporates design elements IDENTIFICATION and building materials consistent with the architecture and theme of the subdivision buildings and features. SIGN, TEMPORARY Any sign not permanently mounted or secured, displayed solely for short-term announcement, message or advertisement and for infrequent and limited time periods. (See Section 11.3D-6 TEMPORARY SIGNS OF this Title for specific types of temporary signs.) SIGN, UNDER CANOPY A sign suspended below the overhang or roof of a canopy SIGN, WALL Any sign that is attached, erected, or painted on the exterior wall of a building with the exposed face of the sign parallel to the wall. Also known as a fascia sign. SIGN, WINDOW Any sign, picture, symbol, or combination thereof, designed to communicate information about TRANSFER STATION an activity, business, commodity, event, sale, or service, that is placed inside a window or STATE upon the windowpanes or glass and is visible from the exterior of the window. SINGLE-FAMILY See dwelling, single-family attached. ATTACHED DWELLING including a building with a roof but without walls completely enclosing the building. SINGLE-FAMILY DETACHED DWELLING See dwelling, single-family detached. SITE PLAN A plan, to scale, showing existing and proposed uses, structures and improvements proposed for a property as required by the regulations involved. Such plans Include property lines, streets, driveways, parking, building sites, landscaping, open space, and utility easements. SOIL STABILIZATION The state of having sufficient vegetation and gradual slopes to prevent soil erosion and sedimentation onto adjacent features such as sidewalks, driveways, parking areas, lawns, or water bodies. SOLID WASTE The use of a site for the collection and temporary storage of solid waste for subsequent TRANSFER STATION transport to a permanent disposal location. STATE The Slate of Idaho. STORAGE FACILITIES, The use of a site where equipment, inventory, supplies, or other similar items are stored, OUTDOOR including a building with a roof but without walls completely enclosing the building. STORAGE FACILITY, A structure or group of structures with a controlled access and fenced compound that contains SELF-SERVICE individual, compartmentalized, or controlled units that are leased or sold to store material (including, but not limited to, goods, wares, merchandise, or vehicles.) STORY The term story shall be as defined by Meridian City Building Code as set forth in Title 10, Chapter 1, of the Meridian City Municipal Code. STREET A private or public right-of-way that provides vehicular access to adjacent properties. The term street shall include, but not be limited to, a road, thoroughfare, parkway, avenue, boulevard, lane, place, or highway. STREET, ARTERIAL A street designated as a major or minor arterial on the most recent Regional Transportation Plan far Ada County by the Community Planning Association of Southwest Idaho or the City of Meridian Comprehensive Plan that carries high-volume through traffic on a continuous route. 16 Chapter 1 Article A. DEFINITIONS 612105 STREET, COLLECTOR A street designated as a major or minor collector on the most recent Regional Transportation Plan for Ada County adopted by the Community Planning Association of Southwest Idaho or the City of Meridian Comprehensive Plan that carries traffic from local streets to arterials. STREET, CUL-DE-SAC A dead-end street provided with a turnaround at its terminus. STREET, ENTRYWAY Arterial roadways that introduce both visitors and residents to the City of Meridian, as defined CORRIDOR by the City's Comprehensive Plan. STREET FRONTAGE The distance measured along the property line, which fronts upon a street or alley or other principal thoroughfare that provides vehicular access to a property. STREET ISLAND A landscape island located within or surrounded by public street right-of-way. STREET KNUCKLE An expansion of a local street providing access to abutting properties. STREET, LOCAL A street used primarily for access to abutting properties. STREET, PUBLIC A street that is subject to the jurisdiction of the Idaho Department of Transportation (ITD) or the Transportation Authority (ACHD). STREET, PRIVATE A roadway that is not dedicated to the public that is not a part of the public highway system, and that is approved pursuant to Chapter 3, Article F, PRIVATE STREET REQUIREMENTS of this Title. STROBE LIGHT An attention -getting device that emits a repetitive light; independent of, or as part of a sign. For the purposes of this Code. a strobe light shall not be considered an animated sign. STRUCTURE See building. SUBDIVISION 1) The division of a lot or parcel of land, into two or more lois for the purpose of conveyance of ownership or for building development; and the recorded plat thereof; or 2) The platting of one lot or parcel for the purposes of remedying a prior illegal division of property or as deemed appropriate by the Director and/or City Engineer. SUPER GRAPHICS Any abstract mosaic, mural, painting, graphic art technique or any combination thereof that does not contain any copy, business logo or other visual elements intended to advertise. SURETY Cash, or cash equivalent, including an irrevocable letter of credit or a certificate of deposit, guaranteeing the performance of the terms and conditions of a development approval. SWALE A shallow, grassy depression. SWALE, STORMWATER A broad, shallow channel covered with erosion -resistant vegetation and used to conduct, infiltrate, and pretreated surface runoff. TEMPORARY USE The use of a site on a seasonal basis and for a short period of time. The use includes, but is not limited to, Christmas tree lots, construction buildings, firework stands, food service vehicles, model homes, produce stands, snow cone stands, and pumpkin stands. TERMINAL, FREIGHT OR The use of a site where freight brought by truck or rail is transferred. The use may include the TRUCK storage or repair of trucks or rail cars. The use excludes the long-term or permanent storage of freight. THROUGH PROPERTY See properly, through. 17 Chapter 1 Article A. DEFINITIONS 612105 TOWER, LATTICE A tower made of an open metal framework consisting of strips of metal overlapped in a pattern to achieve strength and height. TOWER, MONOPOLE A cylindrical -shaped pole usually made of steel that has no visible break in shape or appearance, other than tapering, which is secured to the ground in a manner to stand vertically upright. TOWNHOUSE DWELLING See dwelling, townhouse. TRANSPORTATION The Ada County Highway District, the Idaho Transportation Department, the Valley Regional AUTHORITY Transit and any other agency that may succeed to their powers or establish public jurisdiction in the field of transportation. The tern transportation authority shall be liberally construed to include all the adopted, approved, or certified plans, rules, regulations, statutes, or laws of the transportation authority, TREES, The classes of trees are defined for the purposes of this Title by the publication Tree Selection CLASS I, 11, III Guide for Streets and Landscapes Throughout Idaho by the Urban Forestry Unit of the Boise Parks and Recreation Department (latest edition). In general, Class I trees are smaller ornamental trees, Class 11 trees are mediumflarge trees appropriate for street tree planting, and Class III trees are very large trees. TRUCKTERMINAL See terminal, freight or truck. UNPLATTED A parcel that is not included in any subdivision of record in Ada County. UP -LIGHTING Lighting that is directed in such a manner as to shine light rays onto a building surface. URBAN SERVICE The land area within an area of city impact where urban services are available or planned, as PLANNING AREA provided and described in the Comprehensive Plan and designated on the adopted area of city impact boundary map. USE The term use shall include the specific purposes for which an area or structure is arranged, designed, constructed, altered, converted, rented, leased, or intended to be maintained and/or occupied. USE, CHANGE OF A change of use shall include, but not be limited to, an expansion, alteration, or change in occupancy resulting in a more intense use of a site, such as additional dwelling units, gross floor area, seating capacity, UTILITY Electrical, natural gas water, wastewater, telephone and cable services and facilities. VARIANCE A relief from development standards as allowed by Chapter 5, ADMINISTRATION of this Title and as enabled by Idaho Code §67-6516. VEHICLE The term vehicle shall include, but not limited to, automobile, truck, motorcycle, recreational vehicle, personal recreation item or as otherwise defined in Idaho Code §49-123 which includes every device in, upon, or by which any person or property is or may be transported or drawn (e.g., travel trailers) upon a public highway, excepting devices moved by human power or used exclusively upon stationary rails or tracks. VEHICLE, COMMERCIAL Any currently licensed and operable motor vehicle with a gross vehicle weight rating over 26,000 pounds and as defined by Idaho Code §49-123. VEHICLE IMPOUND YARD The use of a site for the temporary storage of vehicles to be claimed by the owners. VEHICLE, INOPERABLE A vehicle that cannot move under its own power or does not meet the minimum legal requirements necessary for the motor vehicle to be operated in a safe and lawful manner upon the roadways and highways in the State of Idaho, as set forth in Idaho Code §49. 18 Chapter 1 Article A. DEFINITIONS 19 Chapter 1 Article A. DEFINITIONS 612105 VEHICLE REPAIR, MAJOR The use of a site for major vehicle rebuilding or reconditioning. The use includes engine rebuilding; major reconditioning of worn or damaged motor vehicles; and collision service, including body, frame, or fender straightening or repair. VEHICLE REPAIR, MINOR The use of a site for minor vehicle maintenance and repair. The use includes vehicle repair garages, muffler shops, tire sales and installations, transmission shops, and wheel and brake shops VEHICLE SALES OR The sale, trade, or lease of new or used vehicles in operating condition and any repair work or RENTAL AND SERVICE minor service. Repair work or minor service shall include, but not be limited to, replacement of parts (e.g., tires, shocks, brakes, mufflers, windshields, radiators, upholstery), oil change, minor engine repair, tune-up, and accessory sales of replacement parts. Any operation specified under vehicle, major repair is excluded. VEHICLE WASHING The use of a site where a vehicle may be washed, waxed, detailed, or vacuumed by the owner FACILITY of the vehicle or employees on the site. VEHICLE WRECKING OR Any area, lot, land, or parcel where two or more vehicles without current registration or two or JUNKYARD more inoperable or dismantled vehicles that are not in operating condition (or parts thereof) are stored, dumped, dismantled, partially dismantled or wrecked; or as defined by Idaho Code §40-111, the use of a site that is maintained, operated, or used for storing, keeping, buying, or selling junk, or for the maintenance or operation of an automobile graveyard, garbage dumps and sanitary fills. The following uses are excluded from this definition: agricultural equipment on a farm as herein defined and vehicles stored or dismantled within a completely enclosed structure. VERTICALLY The use of a multi story structure for residential and nonresidential uses where the different INTEGRATED uses are planned as a unified, complementary whole and functionally integrated to share RESIDENTIAL PROJECT vehicular and pedestrian access and parking. VETERINARY OFFICE See animal care facility. VISION TRIANGLE See clear vision triangle. WALKWAY A public way for non -vehicular use only, whether or not along the side of a road WALL_ AREA Wall area is defined as the total square footage of an exterior wall and determined by multiplying the total lineal elevation of the building (or the leased portion thereof) by the distance from the roof line to pedestrian grade. WAREHOUSE AND A structure used primarily for storing materials and/or freight, including, but not limited to, STORAGE goods, wares, merchandise, or vehicles. (NAICS CODE 493) WATER AMENITY Any body of water either natural or manmade, which either exists or is proposed to be improved as a part of the development, in which its banks in all places adjacent to and located on said development are no steeper than one foot (1') vertical per every four feet (4') horizontally (4:1) and which has a depth and velocity in all places adjacent to and located on said development such that the product of the maximum depth (feet) multiplied by the peak velocity (feet per second) does not exceed four (4). WHOLESALE SALES The use of a site for selling, distributing, or brokering merchandise to retailers, business users, or other wholesalers. This use can include incidental retail sales to the general public. WIRELESS A steel monopole, guy wire tower, lattice tower or other similar structure designed to support COMMUNICATION directional antennae, parabolic dishes or antennae, microwave dishes, in addition to FACILITY associated ground equipment and other similar equipment used in the wireless communications industry. 19 Chapter 1 Article A. DEFINITIONS 612105 XERISCAPE Landscaping that is characterized by the use of vegetation that is drought tolerant or of low water use in character. YARD, STREET An area extending across the full width of the property and lying between the front property line and the nearest line of a principal structure. See Figure 1. YARD, REAR An area extending across the full width of the property and lying between the rear property line and the nearest line of the principal structure. See Figure 1. YARD, REQUIRED An area that extends along a property line to a depth or width specified in the setback regulations for the district in which the property is located. See Figure 1, YARD, SIDE An area extending from the front yard to the rear yard between the side property line and the nearest line of the principal structure. See Figure 1. 11-1A-2: FIGURE 1 AND FIGURE 2: See following pages. Chapter 1 Article A. DEFINITIONS 6/2105 FIGURE 2: TYPES OF DWELLING UNITS j Single family detached I or manufactured home ❑ ❑ d 1 structure ❑ i L__J 1 property 0 1 dwelling unit — Duplex ' d 1 structure ❑ ❑ ❑ ❑ I �_� 1 property © n ❑ I a a 2 dwelling units I — , Single family attached j i Cn 1 structure ❑ ❑ ❑ ❑ E _) 2 properties © ❑ 0 2 dwelling units Townhouse 1 I I b 1 structure L❑ p ❑ ❑ I L -J3 properties ❑ ❑ I ©� 3 or more dwelling units I I I I �....-..._----.....___....—_^_.,_I Multifamily f I d 1 structure i ❑ ❑ ❑ ❑ ❑ ❑ ❑ F -1I . _ J 1 property ❑T ❑ © ❑ I 0 3 or more dwelling units I I L_—_—_— -- - Chapter 1 Article A. DEFINITIONS 612105 CHAPTERI GENERAL REGULATIONS ARTICLE B. NONCONFORMING PROPERTY, USE OR STRUCTURE ARTICLE B. SECTIONS: 11-1B-1: PURPOSE 11-18-2: APPLICABILITY 11-113-3: NONCONFORMING PROPERTY 11-113-4: NONCONFORMING USE 11-113-5: NONCONFORMING STRUCTURE 11-113-6: VIOLATIONS 11-113-1: PURPOSE: The purpose of this Article is to allow any nonconforming property, use, or structure that lawfully existed prior to the effective date [XX] of this Title to continue until they are removed, but not to encourage their continuation. It is further the intent of this Article that nonconforming uses or structures shall not expand or extend the nonconforming aspect of the property, use, or structure, unless approved subject to a conditional use permit as set forth in the regulations of Chapter 5 ARTICLE B. SPECIFIC PROVISIONS of this Title. 11-113-2: APPLICABILITY: These regulations shall apply to any lawfully existing nonconforming property, use, or structure in any district, except: In the event that a property, use, or structure that was deemed nonconforming under past regulations now complies with the standards of this title, such property, use, or structure shall be deemed conforming. 11-1B-3: NONCONFORMING PROPERTY: A. The nonconforming property shall not be diminished in size. B. Any property reduced by governmental action that reduces an existing conforming parcel below the required property size shall be deemed as a conforming property for the purpose of development. To be deemed a conforming property, the owner or applicant shall submit documents to the Director proving the following: 1. The property was in compliance with the minimum property size requirement of the applicable district prior to the decrease in property size; and 2. The decrease in property size was caused by acquisition through prescription, purchase, or other means by the Transportation Authority, a utility company or corporation under the jurisdiction of the Idaho Public Utilities Commission, or other local, State, or Federal agency. 11-1 B-4: NONCONFORMING USE: Chapter 1 Article B. NONCONFORMING PROPERTY, USE OR STRUCTURE 612105 A. The nonconforming use may continue as long as the use remains lawful and is not expanded or extended, subject to the following provisions: 1. Alteration: No existing structure containing a nonconforming use may be enlarged, extended, constructed, reconstructed, moved or structurally altered except; (a) through the approval of a conditional use permit in accord with the procedures set forth in Chapter 5 Article B SPECIFIC PROVISIONS of this Title; or (b) where the use of the structure is changed to a conforming use. 2. Extension: A nonconforming use may be extended to occupy additional land area only through the approval of a conditional use permit in accord with the procedures set forth in Chapter 5 Article B. SPECIFIC PROVISIONS of this Title. B. If a nonconforming use has ceased for twelve (12) consecutive months or has been replaced with a conforming use, the nonconforming use shall be deemed abandoned and shall not be reestablished. C. A nonconforming use or structure housing a nonconforming use that is damaged more than fifty percent (50%) of its current assessed taxable value by fire, flood, explosion, wind, earthquake, war, riot, calamity, or other catastrophic event, shall comply with this Title upon reconstruction. If the damage to the nonconforming use or structure housing the nonconforming use is fifty percent (50%) or less of its current assessed taxable value, the nonconforming use may continue, provided that the nonconforming use commences within twelve (12) months of the event. D. Uses housed within structures listed on the National Register of Historic Places shall be exempt from the regulations of this Section. 11-113-5: NONCONFORMING STRUCTURE: A. Nonconforming structures may be enlarged, repaired or modified, provided that the additions or modifications to the structure conform to the requirements of this Title. B. A nonconforming structure that is damaged more than seventy-five percent (75%) of its current assessed taxable value by fire, flood, explosion, wind, earthquake, war, riot, calamity, or other catastrophic event, shall comply with this Title upon restoration or reconstruction. If the damage to the nonconforming structures is seventy-five percent (75%) or less of its current assessed taxable value, the structure may be restored or reconstructed, provided that restoration or reconstruction commences within twelve (12) months of the event. C. Structures listed on the National Register of Historic Places shall be exempt from the regulations of this Section. 2 Chapter 1 Article B. NONCONFORMING PROPERTY, USE OR STRUCTURE 6/2/06 11-113-6: VIOLATIONS: Properties, uses, or structures that were in violation of previous land use regulations and that remain a violation under this Title shall be considered continuing violations. Chapter 1 Article B. NONCONFORMING PROPERTY, USE OR STRUCTURE fi12105 CHAPTER DISTRICT REGULATIONS SECTIONS: 11-2-1: ZONING DISTRICTS ESTABLISHED 11-2-2: OFFICIAL ZONING MAP 11-2-1: ZONING DISTRICTS ESTABLISHED: For the purpose of this Title, the incorporated territory of the City of Meridian, Idaho, is divided into the following districts: DISTRICTS Map Symbol RESIDENTIAL Low -Density Residential District R-2 Medium low -Density Residential District R-4 Medium -Density Residential District R-8 Medium High -Density Residential District R-15 High -Density Residential District R-40 COMMERCIAL Neighborhood Business District C -N Community Business District C -C General Retail and Service Commercial District C -G Limited Office District L-0 INDUSTRIAL Light Industrial District I -L Heavy Industrial District I -H TRADITIONAL NEIGHBORHOOD Old Town O -T Traditional Neighborhood Center TN -C Traditional Neighborhood Residential TN -R 11-2-2: OFFICIAL ZONING MAP: The boundaries of the districts are shown on the Official Zoning Map of the City of Meridian. The Official Zoning Map is made a pari of this Title, as well as such other map or maps that are duly adopted. Said Official Zoning Maps properly attested, shall be placed and remain on file in the office of the Meridian City Clerk. Chapter 2 DISTRICT REGULATIONS 612105 CHAPTER 2 DISTRICT REGULATIONS ARTICLE A. RESIDENTIAL DISTRICTS ARTICLE A. SECTIONS: 11- 2A-1: PURPOSE 11- 2A-2: ALLOWED USES 11- 2A-3: STANDARDS 11- 2A-1: PURPOSE: The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the City of Meridian water and sewer systems is a requirement for all residential districts. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. Residential land uses are also allowed within the 0-T, TN -C, and TN -R districts as set forth in Chapter 3 Article D. TABLE 11-2A-9: MAXIMUM GROSS DENSITY IN THE RESIDENTIAL DISTRICTS DISTRICT.n.."," PERACREY. Low-densi residential district R-2 2 Medium low-density residential district R-4 4 Medium -density residential district R-8 8 Medium hi h-densit residential district R-15 15 High-densityLHigh-density residential district R-40 40 11- 2A-2: ALLOWED USES: Table 11-2A-2 lists principal permitted (P), accessory (A), and conditional (C), or prohibited (--), uses. A. Permitted uses and accessory uses shall be reviewed in accord with Chapter 4 specific use standards of this Title. B. Conditional uses shall be approved in accord with the procedures and regulations for conditional uses set forth in Chapter 5 administration and the specific use standards in Chapter 4 specific use standards of this Title. C. Any use not explicitly listed in Table 11-2A-2 is prohibited in all residential districts. D. Uses that are listed as PIC or A1C may be subject to a conditional use permit depending on if the use is in accord with the specific use standards as set forth in Chapter 4 specific use standards. E. Interpretation of the inclusion or exclusion of allowed uses shall be made by the Director and based on the Director's findings in review of the criteria established in Chapter 1 general regulations of this Title. 1 Chapter 2 Article A. RESIDENTIAL DISTRICTS 612105 TABLE 11-2A-2: ALLOWED USES IN THE RESIDENTIAL DISTRICTS 11-2A-3: STANDARDS: The standards for development in all residential districts shall be as follows: A. Minimum property size: 1. Each property shall be of sufficient size to meet the minimum setbacks as established in this section and dwelling unit size requirements in accord with Sections 11 -2A -3.F of this Title. 2 Chapter 2 Article A. RESIDENTIAL DISTRICTS - p 151 Arts, - or recreation1 t i ors - —placeof Churo 1 1 1 worship sunai or 110LU111di Day Day care, farniV Dwelling, multifamily* I Dwelling, 1 1. Dwelling, single-family att ched single familyfdetached D f 1 Dwelling, 1 . duplex Education [ristitution, Private* Education Institut_�©®® Home, manufactured or /1ile subdivision HDMe occupation* Manufactured Home Park M�1"veloprnenr Parking Parks,public 1 1 Fjv.te Personal or professional service Public or quasi -public use* Public, infrastructure Public utility, minor Recreation 1. Restaurant 1. 1- outside 1 A ! 1 1 integrated 1' 1 i Wireless communication . f 1 antenna Wireless communication 1 f 1 �•� si .s- 1 1 1• i -i 1 i D 1'f •1 11-2A-3: STANDARDS: The standards for development in all residential districts shall be as follows: A. Minimum property size: 1. Each property shall be of sufficient size to meet the minimum setbacks as established in this section and dwelling unit size requirements in accord with Sections 11 -2A -3.F of this Title. 2 Chapter 2 Article A. RESIDENTIAL DISTRICTS 612105 2. Minimum property size shall be determined exclusive of land that is used for the conveyance of irrigation water, drainage, creek or river flows unless: 1) the water is conveyed through pipe or tile; and 2) included as part of a utility easement that generally runs along the property lines. 3. When two (2) or more parcels of land, each of which is of inadequate area and dimension to qualify for a permitted use under the requirements of the district in which the parcels are located, are held in one ownership, they shall be used as one property for such use. B. Minimum street frontage: 1. Properties with street frontages on cul-de-sacs or at approximately a 90° angle shall be a minimum of thirty feet (30') measured as a chord measurement. 2. Street knuckles shall be separated from through traffic by a landscape island. Properties with frontages on such knuckles shall be a minimum of thirty feet (30') measured as a chord measurement. 3. Street frontage for two (2) properties sharing a common drive shall be a minimum of fifteen feet (15') for each property. 4. Street frontage for three (3) or four (4) properties sharing a common drive shall be a minimum of ten feet (10') for each property. 5. Street frontage for flag properties that do not share a common drive shall be a minimum of thirty feet (30'). C. Corner lot setbacks: Corner properties shall have one (1) interior side setback and one (1) rear setback. D. Encroachments allowed in any setback: 1. Open structures such as porches, canopies, balconies, platforms, covered patios, cornices, eaves or other projections, which do not increase the volume of space enclosed by the building and do not project into any required setback by more than two feet (2'). 2. Chimneys, pop -out windows, direct vent gas fireplaces, entertainment centers, window seats and other projections which do not increase the usable floor area and do not exceed eight feet (8') in width may project up to two feet (2') into any required setback. 3. One detached accessory building that is less than two hundred (200) square feet in area and eight feet (8') or less in height shall be allowed in the required rear yard. Chapter 2 Article A. RESIDENTIAL DISTRICTS 612105 E. Maximum height limit: 1. The maximum height limitations shall not apply to the following architectural features not intended for human occupation: spire or steeple, belfry, cupola, chimney. Such architectural features shall have a maximum height limit of twenty feet (20') as measured from the roof line. 2. The maximum height limitations shall not apply to the following: amateur radio antenna; bridge tower; fire and hose tower; observation tower; power fine tower; smokestack; water tank or tower; ventilator; windmill; wireless communication facility, or other commercial or personal tower and/or antenna structure; or other appurtenances usually required to be placed above the level of the ground and not intended for human occupancy. 3. Notwithstanding other height limitations as set forth in this Chapter, the maximum height for EDUCATION FACILITIES SHALL BE 40'. 4. No exception shall be allowed to the height limit where the height of any structures will constitute a hazard to the safe landing and take -off of aircraft in an established airport. F. Living Space: Excluding the garage, all detached residential dwelling units in the R-2 and R-4 Districts shall meet minimum living space size requirements in accord with Sections 11-2A-4 and 11-2A-5. G. Roof Design: All residential dwelling structures shall have a pitched roof not less than three feet (3') in height for each twelve feet (12') in length. H. Drainage: 1. In no case shall a development propose less than a five-foot (6) setback adjacent to a property that is not part of the development application. 2. Properties shall provide adequate area to maintain drainage on the site. 11-2A-4: LOW-DENSITY RESIDENTIAL DISTRICT (R-2): Dimensional Standards for development in the R-2 Residential District shall be as follows: Chapter 2 Article A. RESIDENTIAL DISTRICTS 612105 TABLE 11-2A-3: DIMENSIONAL STANDARDS FOR THE R-2 DISTRICT R 2"STANDARb REQUIItEPAENT . Minimum property sizeIDU* in s uare feet 92,000 Minimum street frontage in feet 80 Rear setback in feet 15 Interior side setback in feet 7-5/story Street setback*" Local 20 Collector 25 Maximum buildiqq hei ht in feet 35 Minimum living area insquare feet 1,500 Minimum ground floor area for multisto units insquare feet 800 *DU= dwelling unit Local Measuredframa3aek of sitlewalk, 11-2A-5: MEDIUM LOW-DENSITY RESIDENTIAL DISTRICT (R-4): Dimensional Standards for development in the R-4 Residential District shall be as follows: TABLE 11-2A-4: DIMENSIONAL STANDARDS FOR THE R-4 DISTRICT R 4 STANDARD`: , REQUIREMENT ..:, Minimum property Size IDU* in s uare feet 8,000 Minimum street frontage in feet 60 Rear setback in feet 15 Interior side setback in feet 5 Street setback" to garage (in feet) Local 20 Collector 25 Street setback*" to living area (in feet) Local 15 Collector 25 Maximum buildingeight in feet 35 Minimum living insquare feet Detached 1,400 Attached 800 Minimum ground floor area for multi sto units insquare feet 800 *DU ':dwelling un[t *"Measured"frim"back tif.sidevdalk 5 Chapter 2 Article A. RESIDENTIAL DISTRICTS 612105 11-2A-6: MEDIUM -DENSITY RESIDENTIAL DISTRICT (R-8): Dimensional Standards for development in the R-8 Residential District shall be as follows: TABLE 11-2A-5: DIMENSIONAL STANDARDS FOR THE R-8 DISTRICT R,S.S1 ANDARD 11-2A-7: MEDIUM HIGH-DENSITY RESIDENTIAL DISTRICT (R-15): Dimensional Standards for development in the R-15 Residential District shall be as follows: TABLE 11-2A-6: DIMENSIONAL STANDARDS FOR THE R-15 DISTRICT REQUIREMENT'.:— Minimum property Size 1DU* in square feet Minimum propeqy Size IDU* in s uare feet SF** detached DU* with g ara a facing the front property line 5,000 SF** detached DU* with shared driveway or alley loaded garage 4,000 SF** attached & two-family duplex DU* 4,000 Any corner property 5,000 Minimum street frontage—SF detached DU n feet Street setback** to living area (in feet) with garage facing street 50 with shared driveway oralle loaded garage 40 Minimum street frontage—SIF attached & two-family du lex DU in feet 40 Street setback*** to garage (in feet) Local 20 12 Collector 25 Street setback*** to living area (in feet) Local 15 Collector 25 Side setback 4 Rear setback 12 Maximum building height in feet 35 *DU dwelling **SEsingle family , **Me.asured:from"back`ofisidewalk , , " „ . 11-2A-7: MEDIUM HIGH-DENSITY RESIDENTIAL DISTRICT (R-15): Dimensional Standards for development in the R-15 Residential District shall be as follows: TABLE 11-2A-6: DIMENSIONAL STANDARDS FOR THE R-15 DISTRICT 6 Chapter 2 Article A. RESIDENTIAL DISTRICTS R-95 STANDARD REQUIREMENT Minimum propeqy Size IDU* in s uare feet 2,400 Minimum street fronta e 0 Street setback** to garage (in feet) Local 20 Collector 25 Street setback** to living area (in feet) Local 10 Collector 20 Side setback 4 Rear setback 12 Maximum buildin hei ht in feet).40 *DU=."dwelling unit **Measured from back of:sidewalk'' 6 Chapter 2 Article A. RESIDENTIAL DISTRICTS 612105 11-2A-8: HIGH-DENSITY RESIDENTIAL DISTRICT (R-40): Dimensional Standards for development in the R-40 Residential District shall be as follows: TABLE 11-2A-7: DIMENSIONAL STANDARDS FOR THE R-40 DISTRICT R40"SiAND,4RD REQUIREMENT '—— Minimum property Size1DU* in square feet 1,200 Minimum street frontage in feet 0 Rear setback in feet 15 Interior side setback in feet 51sto Street setback to garage (in feet) Local 20 Collector 25 Street setback** to living area (in feet) Local 10 Collector 20 Maximum buildin hei ht in feet 60 *DU " "dwelling unft.. **Measured from back of'sidewalk Chapter 2 Article A. RESIDENTIAL DISTRICTS 612105 CHAPTER 2 DISTRICT REGULATIONS ARTICLE B. COMMERCIAL DISTRICTS ARTICLE B. SECTIONS: 11-28-1: PURPOSE 11-2$-2: ALLOWED USES 11-26-3: STANDARDS 11-213-1: PURPOSE: The purpose of the Commercial Districts is to provide for the retail and service needs of the community in accord with the Meridian Comprehensive Plan. Four Districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways: TABLE 11-2B-1: PURPOSE AND ALLOWED USE BY COMMERCIAL DISTRICT NEIGHBORHOOD BUSINESS SMALL SCALE CONVENIENCE ACCESS TO ARTERIAL OR DISTRICT (C -N) COLLECTOR COMMUNITY BUSINESS LARGER SCALE AND BROADER ACCESS TO ARTERIALS OR DISTRICT (C -C) MIX OF RETAIL, OFFICE, AND NONRESIDENTIAL COLLECTORS SERVICE USES GENERAL RETAIL AND SERVICE LARGEST SCALE AND CLOSE PROXIMITY AND/OR COMMERCIAL DISTRICT (C -G) BROADEST MIX OF RETAIL, ACCESS TO INTERSTATE OR OFFICE, SERVICE, AND LIGHT ARTERIAL INTERSECTIONS INDUSTRIAL USES LIMITED OFFICE DISTRICT (L-0) OFFICE CENTERS AND ACCESS TO ARTERIAL OR ADAPTIVE REUSE OF COLLECTOR RESIDENTIAL STRUCTURES 11-213-2: ALLOWED USES: Table 11-213-2 lists principal permitted (P), accessory (A), and conditional (C) or prohibited (--) uses within each commercial district. A. Permitted uses and accessory uses shall be reviewed in accord with Chapter 4 specific use standards of this Title. B. Conditional uses shall be approved in accord with the procedures and regulations for conditional uses set forth in Chapter 5 administration and the specific use standards in Chapter 4 specific use standards of this Title. C. Any use not explicitly listed in Table 11-213-1 is prohibited in all commercial districts. 1 Chapter 2 Article B. COMMERICAL DISTRICTS 612105 D. Uses that are listed as PIC or A1C may be subject to a conditional use permit depending on if the use is in accord with the specific use standards as set forth in Chapter 4 specific use standards. E. Interpretation of the inclusion or exclusion of allowed uses shall be made by the Director and based on the Director's findings in review of the criteria established in Chapter 1 general regulations of this Title. F. For uses that may fall into more than one category, the Director shall determine the most appropriate category based on the more restrictive standards. TABLE 11-2B-2: ALLOWED USES IN THE COMMERCIAL DISTRICTS 2 Chapter 2 Article B. COMMERICAL DISTRICTS 0 Animal ' Artist studio* Arts,or 1indoors* Arts, entertainment or recreationoutdoors* Arts, 1 _ 1 facility, outdoor stage or music venue socialor fraternal ! 1 _ ! Day 1. Day care, group* Drinking - .1 Drive-through establishment* Dwelling, Education f private* Education institution, public* r l, sales, and service*_ FinancialEquipment institution* Fuel sales facility* Fuel sales facility,11 Health • or 1 Hotel 1motel*®®®� Industry,/ Laundry and dry cleaning Nursery or urban Nursing or residential 2 Chapter 2 Article B. COMMERICAL DISTRICTS 612105 11-213-3: STANDARDS: The standards for all development in the commercial districts shall be as follows: A. Dimensional standards: 1. Table 11-213-3 shall be used for determining required setbacks, street and residential landscape buffers and maximum building height standards for development in each of the respective commercial districts. Sections 11- 2A.2 through A.3 set forth certain exceptions and additional clarification for the dimensional standards. Chapter 2 Article B. COMMERICAL. DISTRICTS e Public or quasi -public Public, ublic i PRecreational vehicle park Restaurant Retail store Storage facility, outside* Storage TemporaryVehicle repair, min�'r�� Vehicle sales or 1 washingVehicle Vertical integrated residential1 {" s Warehouse Wholesale 0WiW&13=U Wireless communication . 1 .antenna Wirelesscommunication , 11-213-3: STANDARDS: The standards for all development in the commercial districts shall be as follows: A. Dimensional standards: 1. Table 11-213-3 shall be used for determining required setbacks, street and residential landscape buffers and maximum building height standards for development in each of the respective commercial districts. Sections 11- 2A.2 through A.3 set forth certain exceptions and additional clarification for the dimensional standards. Chapter 2 Article B. COMMERICAL. DISTRICTS 612105 TABLE 99-2B-3: DIMENSIONAL STANDARDS IN THE COMMERCIAL DISTRICTS DIMENSIONAL STANDARDS C- N C C C -G ... Lp Front setback in feet 20 0 _... .: 20 Rear setback in feet 25 d 0 20 Interior side setbackin feet 0 10/5•" Street landscape buffer in feet Local 10 Collector 20 Arterial 25 Entryway corridor 35 Interstate 50 Landscape buffer to residential uses 20 25 25 20 in feet "" Maximum building height in feet 35 50 65 35 Maximum building size without design 7,500 60,000 200,000 10,000 standard approval as set forth in 11-3A 3 in square feet Parking Re uirementsSee Cita ter 3 Article C, off-street parking and loading re uirements Landscaping Requirements I See Chapter 3 Article B. landsca in re uirements All 1. setbacks shall a me'asur'ed fromahe ultimate right of way for the street classification as shown on theaCi)pted Transportation Plar **mrnmurn, setback.anly allowed with reuse of existing resid" ' U 'l structure 'Where the adjacent prope,tys vact, the Director shall determine theadlacentpropertydesignaton based an the Coni "rehensive Plan;.dasi nation. 2. Encroachments allowed in any setback: Fire escapes may project a distance not exceeding one (1) foot. 3. Maximum height Umit: a. The maximum height limitations shall not apply to the following architectural features not intended for human occupation: spire or steeple, belfry, cupola, chimney. Such architectural features shall have a maximum height limit of twenty feet (20') as measured from the roof line. b. The maximum height limitations shall not apply to the following: amateur radio antenna; bridge tower; fire and hose tower; observation tower; power line tower; smokestack; water tank or tower; ventilator; windmill; wireless communication facility, or other commercial or personal tower and/or antenna structure; or other appurtenances usually required to be placed above the level of the ground and not intended for human occupancy. c. No exception shall be allowed to the height limit where the height of any structures will constitute a hazard to the safe landing and take -off of aircraft in an established airport. 4 Chapter 2 Article B. COMMERICAL DISTRICTS 612105 d. Additional height not to exceed twenty percent (20%) of the maximum height allowed for the district may be approved by the Director through the Alternative Compliance procedures set forth in Chapter 5 ADMINISTRATION of this Title. Additional height shall be allowed when the development provides ten percent (10%) of the building square feet in open space, courtyards, patios, or other usable outdoor space available for the employees and/or patrons of the structure, excluding required setbacks and landscape buffers. e. Additional height exceeding twenty percent (20%) of the maximum height allowed for the district or when additional height is requested without providing the required open space in accord with paragraph d. above, requires approval through a conditional use permit. Chapter 2 Article B. COMMERICAL. DISTRICTS 612105 CHAPTER DISTRICT REGULATIONS ARTICLE C. INDUSTRIAL DISTRICTS ARTICLE C. SECTIONS: 11- 2C-1: PURPOSE 11- 2C-2: ALLOWED USES 11- 2C-3: STANDARDS 11- 2C-1: PURPOSE: A. LIGHT INDUSTRIAL DISTRICT (I -L): The purpose of the I -L District is to provide for convenient employment centers of light manufacturing, research and development, warehousing, and distributing. In accord with the Meridian Comprehensive Plan, the I -L District is intended to encourage the development of industrial uses that are clean, quiet and free of hazardous or objectionable elements and that are operated, entirely, or almost entirely, within enclosed structures. Accessibility to transportation systems is a requirement of this District. B. HEAVY INDUSTRIAL DISTRICT (1-H) The purpose of the I -H District is to provide for the existing manufacturing, warehousing and heavy distribution centers that exist along major transportation corridors. In accord with the Meridian Comprehensive Plan, these areas require buffering from residential uses to mitigate the effects of noise, vibration, traffic, odor, dust, smoke or glare that is typically associated with the uses allowed in the I -H District. Accessibility to transportation systems is a requirement of this District. 11-2C-2 ALLOWED USES: Table 11-2C-1 lists principal permitted (P), accessory (A), conditional (C), or prohibited (--) uses within each industrial district. A. Permitted uses and accessory uses shall be reviewed in accord with Chapter 4 specific use standards of this Title. B. Conditional uses shall be approved in accord with the procedures and regulations for conditional uses set forth in Chapter 5 administration and the specific use standards in Chapter 4 specific use standards of this Title. C. Any use not explicitly listed in Table 11-2C-1 is prohibited in all industrial districts. D. Uses that are listed as PIC or A1C may be subject to a conditional use permit depending on if the use is in accord with the specific use standards as set forth in Chapter 4 specific use standards. 1 Chapter 2 Article C. INDUSTRIAL DISTRICTS 612105 E. Interpretation of the inclusion or exclusion of allowed uses shall be made by the Director and based on the Director's findings in review of the criteria established in Chapter 1 general regulations of this Title. F. For uses that may fall into more than one category, the Director shall determine the most appropriate category based on the more restrictive standards. TABLE 11-2C-1: ALLOWED USES IN THE INDUSTRIAL DISTRICTS Chapter 2 Article G. INDUSTRIAL DISTRICTS /11 / 11 1 R 1 �� INM " 1 / Chapter 2 Article G. INDUSTRIAL DISTRICTS 612105 .l1SE:.` I -L .- l=H Storage facility, outside* P P Stora a facili , self-service* P P Tem ora use A A Terminal, freight or truck * p P Vehicle impoundyard* P P Vehicle repair, major* P P Vehicle repair, minor* P P Vehicle sales or rental and service* p Parking requirements Vehicle washing facility* AIC A Vehicle wrecking orjun k ard* p Warehouse * P P Wholesale sales p P Wireless communication facility* I p p Wireless communication facility, amateur radio antenna A A Wireless communication facili , stealth p p *Indicates uses that aresub'ec#acI o SP�FIC U E STAN�],gRDs m<accord:itiith Glia°`ter 4 . . 11-2C-3: STANDARDS: A. Dimensional standards: 1. Table 11-2C-2 shall be used for determining required setbacks, street and use landscape buffers and maximum building height standards for development in each of the industrial districts. Section 11 -2C -3.A.2 sets forth certain exceptions and additional clarification for the dimensional standards. TABLE 11-2C-2: DIMENSIONAL STANDARDS IN THE INDUSTRIAL DISTRICTS DIMENSIONAL .STANDARDS -. 1=LANii+.l=H Front setback in feet 0 Rear setback in feet 0 Interior side setback in feet 0 Street setback* in feet 35 Street landsca a buffer in feet Local 10 Collector 20 Arteria] 25 -- 5Ent Entryway a corridor 35 Interstate 50 Landscape buffer to non -industrial uses in feet 25 I -L and 40 I -H Maximum building height in feet 50 Parking requirements See Chapter 3 Article C Landscaping re uirements See Chapter Article B -3 Y'AII setbacks shall be measured from the uli�mate n H of way;for the street classification as shown'an the ado ted Trans ortatlon:Plan 3 Chapter 2 Article C. INDUSTRIAL DISTRICTS 612105 2. Maximum height limit: a. The maximum height limitations shall not apply to the following architectural features not intended for human occupation: spire or steeple, belfry, cupola, chimney. Such architectural features shall have a maximum height limit of twenty feet (20') as measured from the roof line. b. The maximum height limitations shall not apply to the following: amateur radio antenna; bridge tower; fire and hose tower; observation tower; power line tower; smokestack; water tank or tower; ventilator; windmill; wireless communication facility, or other commercial or personal tower and/or antenna structure; or other appurtenances usually required to be placed above the level of the ground and not intended for human occupancy. c. No exception shall be allowed to the height limit where the height of any structures will constitute a hazard to the safe landing and take -off of aircraft in an established airport. d. Additional height not to exceed twenty percent (20%) of the maximum height allowed for the district may be approved by the Director through the Alternative Compliance procedures set forth in Chapter 5 ADMINISTRATION of this Title. Additional height shall be allowed when the development provides ten percent (10%) of the building square feet in open space, courtyards, patios, or other usable outdoor space available for the employees and/or patrons of the structure, excluding required setbacks and landscape buffers. e. Additional height exceeding twenty percent (20%) of the maximum height allowed for the district or when additional height is requested without providing the required open space in accord with paragraph d. above requires approval through a conditional use permit. Chapter 2 Article C. INDUSTRIAL DISTRICTS 6/2/05 CHAPTER DISTRICT REGULATIONS ARTICLE D. TRADITIONAL NEIGHBORHOOD DISTRICTS ARTICLE D. SECTIONS: 11-2D-1: PURPOSE 11-2D-2: ALLOWED USES 11-2D-3: STANDARDS APPLICABLE IN ALL TRADITIONAL NEIGHBORHOOD DISTRICTS 11-2D-4: STANDARDS IN THE OLD TOWN DISTRICT (O -T) 11-2D-5: STANDARDS 1N THE TRADITIONAL NEIGHBORHOOD CENTER DISTRICT (TN -C) 11-2D-6: STANDARDS IN THE TRADITIONAL NEIGHBORHOOD RESIDENTIAL DISTRICT (TN -R) 11- 2D-1: PURPOSE: The purpose of the traditional neighborhood districts is to encourage mixed-use, compact development that is sensitive to the environmental characteristics of the land and facilitates the efficient use of services. Vertically integrated residential projects are encouraged in all traditional neighborhood districts. A traditional neighborhood district diversifies and integrates land uses within close proximity to each other, and it provides for the daily recreational and shopping needs of the residents. A. OLD TOWN DISTRICT (O -T) The purpose of the O -T District is to accommodate and encourage further intensification of the historical city center in accord with the Meridian Comprehensive Plan. The intent of the O- T District is to delineate a centralized activity center and to encourage its renewal, revitalization and growth as the public, quasi -public, cultural, financial and recreational center of the City. Public and quasi -public uses integrated with general business, and medium-high to high-density residential is encouraged to provide the appropriate mix and intensity of activities necessary to establish a truly urban city center. B. TRADITIONAL NEIGHBORHOOD CENTER DISTRICT (TN -C): The purpose of the TN -C District is to serve as the focal point of a neighborhood center, containing retail, commercial, and community services to meet the daily needs of community residents within a one- to two-mile radius. A TN -C is pedestrian -oriented, and it is designed to encourage pedestrian connection with a Traditional Neighborhood Residential District. TN -C District uses include small-scale retail, restaurants, recreational, personal services, public or quasi -public uses, churches, and attached and multifamily dwellings. C. TRADITIONAL NEIGHBORHOOD RESIDENTIAL DISTRICT (TN -R): The purpose of the TN -R District is to provide for a variety of residential land uses including attached and detached single-family residential, duplex, townhouse, and multifamily. A TN -R District includes open spaces and promotes pedestrian activity through well-designed and varied streetscapes that also provide for the safe and efficient movement of vehicular traffic. Most dwelling units should be accessed from alleys. The maximum density 1 Chapter 2 Article D. TRADITIONAL NEIGHBORHOOD DISTRICTS 612105 of the TN -R District is fifteen (15) units per acre. The minimum density is six (6) units per acre. Density should decrease away from the center and closer to conventional residential districts. The TN -R District should be generally located: adjacent to a TN -C District, along a transit corridor, or within a mixed use neighborhood. For the purposes of this Title, the term residential district shall also include the Traditional Neighborhood Residential District. 11-2D-2: ALLOWED USES: Table 11-2D-1 lists principal permitted (P), accessory (A), and conditional (C) or prohibited (--) uses within each Traditional Neighborhood District. A. Permitted uses and accessory uses shall be reviewed in accord with Chapter 4 specific use standards of this Title. B. Conditional uses shall be approved in accord with the procedures and regulations for conditional uses set forth in Chapter 5 administration and the specific use standards in Chapter 4 specific use standards of this Title. C. Any use not explicitly listed in Table 11-2D-1 is prohibited in all Traditional Neighborhood Districts. D. Uses that are listed as PIC or AIC may be subject to a conditional use permit depending on if the use is in accord with the specific use standards as set forth in Chapter specific use standards. E. Interpretation of the inclusion or exclusion of allowed uses shall be made by the Director and based on the Director's findings in review of the criteria established in Chapter 1 general regulations of this Title. TABLE 97-2D-9: ALLOWED USES IN THE TRADITIONAL NEIGHBORHOOD DISTRICTS Artist studio* P P -- Arts, entertainment or recreation facili , indoors* P C -- Arts, entertainment or recreation facili , outdoors* C C - Arts, entertainment or recreation facility, C C _ outdoor stage or music venue Building material, (Larden equipment and supplies* C C - Church or place of religious worship* P P C Civic, social or fraternal oraanizations* I P I r. c Dwelli single-family attached single-family detached townhouse 2 Chapter 2 Article D. TRADITIONAL NEIGHBORHOOD DISTRICTS 612105 99-2D-3: STANDARDS APPLICABLE IN ALL TRADITIONAL NEIGHBOR- HOOD DISTRICTS: The standards for development in all the Traditional Neighborhood Districts are set forth in this section as follows: A. Encroachments allowed in any setback: Open structures on the second floor such as porches, canopies, balconies, platforms, covered patios, cornices, eaves or other projections, which do not increase the volume of space enclosed by the building and do not project Into any required setback by more than two feet (2'). B. Maximum height limit: 1. The maximum height limitations shall not apply to the following architectural features not intended for human occupation: spire or steeple, belfry, cupola, chimney. Such architectural features shall have a maximum height limit of twenty feet (20') as measured from the roof line. 2. The maximum height limitations shall not apply to the following: amateur radio antenna; bridge tower; fire and hose tower; observation tower; power line tower; smokestack; water tank or tower; ventilator; windmill; wireless communication facility, or other commercial or personal tower and/or Chapter 2 Article D. TRADITIONAL NEIGHBORHOOD DISTRICTS bwelling, 1 duplex Education 1 private Education 1 public* Financial Health care ` kk Home occupation* k 1 r 'moteL. and Industry,Hotel k 1 Industry,1 Laundromar MOIR Nursing or 1' Parking facility public 1 private or professional service PublicPersonal or 1 uasi-pu 1 Public, util4, minor -RestaurantPublic ■ w- store -Temporarytail repair,minor* Vertical integrated residential project* communication . k 1 antenna Wireless communication ®�® 99-2D-3: STANDARDS APPLICABLE IN ALL TRADITIONAL NEIGHBOR- HOOD DISTRICTS: The standards for development in all the Traditional Neighborhood Districts are set forth in this section as follows: A. Encroachments allowed in any setback: Open structures on the second floor such as porches, canopies, balconies, platforms, covered patios, cornices, eaves or other projections, which do not increase the volume of space enclosed by the building and do not project Into any required setback by more than two feet (2'). B. Maximum height limit: 1. The maximum height limitations shall not apply to the following architectural features not intended for human occupation: spire or steeple, belfry, cupola, chimney. Such architectural features shall have a maximum height limit of twenty feet (20') as measured from the roof line. 2. The maximum height limitations shall not apply to the following: amateur radio antenna; bridge tower; fire and hose tower; observation tower; power line tower; smokestack; water tank or tower; ventilator; windmill; wireless communication facility, or other commercial or personal tower and/or Chapter 2 Article D. TRADITIONAL NEIGHBORHOOD DISTRICTS 612105 antenna structure; or other appurtenances usually required to be placed above the level of the ground and not intended for human occupancy. 3. No exception shall be allowed to the height limit where the height of any structures will constitute a hazard to the safe landing and take -off of aircraft in an established airport. 4. In the TN -C District and O -T districts, additional height exceeding the maximum height allowed for the district requires approval through a conditional use permit. In the TN -C, the additional height allowed is limited to twenty percent (20%) of the maximum height allowed for the district. C. Street and pedestrian systems: 1. Street layout: The street system shall be based on a grid with connections to the existing street system. 2. Block length: No block face shall have a length greater than five hundred feet (500') without a dedicated street or alley, or no block face shall have a length greater than seven hundred feet (700') without a pedestrian connection. This standard may be varied for site design constraints or hardship considerations. D. Parking: See Chapter 3 Article C. off-street parking and loading requirements. E. Landscaping Requirements: See Chapter 3 Article B. landscaping requirements. 11-2D-4: STANDARDS IN THE OLD TOWN DISTRICT (O -T): The standards for development in the Old Town District are set forth in this section as follows: A, Maximum building height is seventy-five (75'). B. Minimum number of stories for new construction is two (2). C. Additional height exceeding the maximum height allowed requires approval through a conditional use permit. D. Administrative design review: 1. All new construction and exterior modifications shall be subject to administrative design review in accord with the procedures set forth in CHAPTER 5 ADMINISTRATION of this Title. 2. The criteria for the administrative design review is set forth in the document Downtown Meridian Design Guidelines. 4 Chapter 2 Article D. TRADITIONAL NEIGHBORHOOD DISTRICTS 6/2/05 3. Any applications that do not meet the criteria in the Design Guidelines shall be subject to a conditional use permit as forth in CHAPTER 5 ADMINISTRATION. E. Parking: There are no off-street parking requirements in the Old Town District. F. Landscaping Requirements: See Chapter 3 Article B. landscaping requirements. 11-2D-5: STANDARDS IN THE TRADITIONAL NEIGHBORHOOD CENTER DISTRICT (TN -C): The standards for development in the Traditional Neighborhood Center District are set forth in this section as follows: A. Maximum building height is forty-five (45'). B. Minimum number of stories for new construction is two (2). C. Maximum building footprint is twenty thousand (20,000) square feet. D. Minimum contiguous district size is six (6) acres. E. Administrative design review: 1. All new construction and exterior modifications shall be subject to administrative design review in accord with the procedures set forth in CHAPTER 5 ADMINISTRATION of this Title. 2. The criteria for the administrative design review is set forth in the document Meridian Traditional Neighborhood Center Design Guidelines. 3. Any applications that do not meet the criteria in the Design Guidelines shall be subject to a conditional use permit as forth in CHAPTER 5 ADMINISTRATION. 11-2D-6: STANDARDS IN THE TRADITIONAL NEIGHBORHOOD RESIDENTIAL DISTRICT (TN -R): The standards for development in the Traditional Neighborhood Residential District are set forth in this section as follows: A. Dimensional Standards: S Chapter 2 Article D. TRADITIONAL NEIGHBORHOOD DISTRICTS 612105 TABLE 11-2D-1: DIMENSIONAL STANDARDS IN THE TN -R DISTRICT DIMENSIONAL STANDARDS; BY TYPE OF DWE1 LING UNIT ." DETACHED ATTACHEDTWO- FA FAMILY Minimum-densit (DU'/acre)6 Maximum-densi 15 Minimum Access in feet Street 29' with parking on both sides of the street or private drive Alley only 20' right-of-way, 16' naved. with 26' clearance to structures Minimum rear setback in feet 5 Minimum front setback* in feet 10 5 Minimum front setback" to gaTge in feet 20 20 Minimum side setback 5 0 Minimum side street setback" in feet Alley 3 Local street 5 Collector 20 Minimum landscape buffer to streets 0 Maximum building height in feet 40 CDU dwelling unit *Meastirea from.back of.sidewalk. B. Minimum property size: Each building site shall be of sufficient size to meet the minimum setbacks as established in this section. C. Housing unit allocation: In the TN -R District, a minimum of two (2) housing types, including but not limited to, single-family dwellings, townhouses, and multifamily dwellings, shall be required on any subdivision submittal or planned unit development application. D. Drainage 1. In no case shall a development propose less than a five-foot (F) setback adjacent to a property that is not part of the development application. 2. Properties shall provide adequate area to maintain drainage on the site. 6 Chapter 2 Article D. TRADITIONAL NEIGHBORHOOD DISTRICTS 5/2/05 CHAPTER 3 REGULATIONS APPLYING TO ALL DISTRICTS SECTIONS: 11-3-1: PURPOSE 11-3-2: APPLICABILITY 11-3-1: PURPOSE: This chapter establishes regulations for all uses in accord with the applicable districts, including specific regulations. 11-3-2: APPLICABILITY: The regulations of this Chapter shall apply as follows: A. All development shall be in accord with Article A. standard regulations in all districts. B. All development shall be in accord with Article B. landscaping requirements. C. All development shall be in accord with Article C. off-street parking and loading requirements. D. All development shall be in accord with Article D. sign requirements. E. All development shall be in accord with Article E. temporary use requirements. F. All development shall be in accord with Article F. private street requirements. G. All development shall be in accord with Article G. common open space and site amenity requirements of this Chapter. 1 Chapter 3 REGULATIONS APPLYING TO ALL DISTRICTS 6/2/05 CHAPTER 3 REGULATIONS APPLYING TO ALL DISTRICTS ARTICLE A. STANDARD REGULATIONS IN ALL DISTRICTS ARTICLE A. SECTIONS: 11-3A-1: PURPOSE 11-3A-2 APPLICABILITY 11-3A-3: ACCUMULATION OF JUNK 11-3A-4: BIKEWAYS 11-3A-5 CLEAR VISION TRIANGLE 11-3A-6: DITCHES, LATERALS, CANALS OR DRAINAGE COURSES 11-3A-7: FENCES 11-3A-8: MULTIUSE AND MICRO PATHWAYS 11-3A-9: NATURAL FEATURES 11-3A-10: NOXIOUS USE 11-3A-11: OUTDOOR LIGHTING 11-3A-12: OUTDOOR SERVICE AND EQUIPMENT AREAS 11-3A-13: OUTDOOR SPEAKER SYSTEMS 11-3A-14: OUTDOOR STORAGE 11-3A-15: PRESSURIZED IRRIGATION SYSTEM 11-3A-16: SELF-SERVICE USES 11-3A-17: SIDEWALKS AND PARKWAYS 11-3A-18: STORM DRAINAGE 11-3A-19: STRUCTURES SUBJECT TO DESIGN STANDARDS 11-3A-20: TRAVELING SLEEPING QUARTERS 11-3A-21: UTILITIES 11-3A-1: PURPOSE: This Article provides standard regulations for the location, design, and development of new land uses and the alteration of existing land uses. This Article supplements the regulations for development in each district and in accord with Chapter 2 district regulations of this Title. 11-3A-2: APPLICABILITY: This Article shall apply to the development of all principal permitted, accessory, and conditional uses. The following regulations are the minimum standards of development. Additional standards may be applied in accord with specific use standards, or other regulations of this Title. 11-3A-3: ACCUMULATION OF JUNK: The accumulation of junk on any property not meeting the requirements of Chapter 4 specific use standards Section 11-4-3.40 of this Title is prohibited. Chapter 3 Article A. STANDARD REGULATIONS IN ALL DISTRICTS 612105 11-3A-4: BIKEWAYS: A. Bikeways shall be encouraged within all subdivisions, within the public right- of-way or separate easement, consistent with the City's Comprehensive Plan. B. The Bicycle -Pedestrian Design Manual For Ada County (as prepared by the Ada County Highway District) should be considered when reviewing bikeway designs. C. Consistent with the Comprehensive Plan, on -street bikeways shall be constructed on all collector streets. 11-3A-5: CLEAR VISION TRIANGLE: A. Measurement of the clear vision triangle. 1, For two (2) public streets or a street and railroad crossing, the area is defined by measuring from the intersection of the edge of pavement a distance of forty feet (40') along each road. See Figure 3. 2. For a public street and driveway or alley, the area is defined by measuring from the intersection of the property adjacent to the roadway and the corner of the driveway twenty feet (20') along the roadway and ten feet (10') along the driveway. See Figure 3. Figure 3: Clear Vision Triangle Drawings Chapter 3 Article A. STANDARD REGULATIONS IN ALL DISTRICTS 612105 EDGE OF DRIVEWAY 0 --------------- PROPERTY LINE --------- --- -- ---- _---_`� 2� EDGE OF ROAD EDGE OF ROAD i PROPERTY -001 LINE i i SIGHT TRIANGLE MK 40'PROJECTED INTERSECTION B. Standards, both at controlled and uncontrolled intersections: 1. Planting and Development Standards: a. Any Class I or Class 11 trees planted within a clear vision triangle shall be pruned to a minimum height of eight feet (S') above the ground or sidewalk surface and fourteen feet (14') above the adjacent street surface. See Figure 3. b. No evergreen trees shall be planted within any clear vision triangle. c. No Class III trees shall be planted within any clear vision triangle. d. The maximum height of any berm or vegetative groundcover at maturity within the clear vision triangle shall be three feet (3') from the lowest adjacent street grade. e. No fences higher than three feet (3') from the lowest adjacent street grade are permitted in the clear vision triangle. f. No signs taller than three feet (3') are permitted in the clear vision triangle, except for street/stop signs approved by the Transportation Authority. Chapter 3 Article A. STANDARD REGULATIONS IN ALL DISTRICTS 612105 2. Other agency standards: In all cases, the Transportation Authority standards shall apply in addition to City of Meridian standards. 11-3A-6: DITCHES, LATERALS, CANALS OR DRAINAGE COURSES: A. Piping: 1. Natural waterways intersecting, crossing, or lying within the area being developed shall remain as a natural amenity and shall not be piped or otherwise covered. See also Section 11 -3A -6.B.1. 2. Irrigation ditches, laterals, canals, and drains may be left open when used as a water amenity or linear open space. See also Section 11 -3A -6.B.2. 3. Except as allowed above, all other irrigation ditches, laterals or canals, intersecting, crossing or lying within the area being developed, shall be piped, or otherwise covered. This requirement does not apply to property with only an irrigation easement where the actual drainage facility is located on an adjoining property. a. The City Council may waive the requirement for covering such ditch, lateral, canal, or drain, if it finds that the public purpose requiring such will not be served and public safety can be preserved. b. The City Council may also waive this requirement for large -capacity facilities. B. Fencing: 1. Fencing along all natural waterways shall not prevent access to the waterway. In limited circumstances and in the interest of public safety, larger open water systems may require fencing as determined by the City Council, Director andfor Public Works Director. 2. Ditches, laterals, canals, and drains do not require fencing if it can be demonstrated by the applicant to the satisfaction of the Director that said ditch, lateral, canal, or drain serves as or will be improved as a part of the development, to be a water amenity. Construction drawings and relevant calculations prepared by a qualified licensed professional registered in the State of Idaho shall be submitted to both the Director and the authorized representative of the water facility for approval. 3. Except as allowed above, all other open irrigation ditches, laterals, canals, and drains shall be fenced with a chain-link fence at least six feet (6') in height and having an eleven (11) gauge, two-inch (2") mesh or other construction, equivalent in ability to deter access to said ditch, lateral, canal or drain, which fence shall be securely fastened at its base at all places where any part of said lands or areas being subdivided touches either or both sides of said ditch, lateral, canal, or drain. Chapter 3 Article A. STANDARD REGULATIONS IN ALL DISTRICTS 612105 C. Impeding movement of water prohibited: For any irrigation or drainage ditch not within the jurisdiction of an irrigation or drainage district, piping shall not impede the movement of the amount of water crossing the property prior to development or the amount of water delivered to downstream properties. D. Natural drainage courses: All natural drainage courses shall be left undisturbed or be improved in a manner that will improve the hydraulics and ease of maintenance of the channel. Relocation of natural swales is acceptable if the hydraulics and ease of maintenance are provided for. The term natural drainage course shall not be deemed to apply to minor swales and depressions that are located entirely on the applicant's property and which serve a relatively small area where runoff is infrequent. 11-3A-7: FENCES: The following regulations shall govern the type, location, and construction of all fences: A. General Standards: 1. When a fence is erected not in conjunction with a building permit for a principal use or building, a separate building permit is required. 2. Electric wire fencing shall be prohibited. 3. Barb wire fencing shall be prohibited, except in the C -C, C -G, I -L, and I -H Districts when: a) used as the top section for security fencing; and b) located a minimum of six feet (6') above grade to the bottom wire. 4. Unsightly materials: The use of boxes, sheet metal, old or decayed wood, broken masonry blocks, or other like unsightly materials for fencing shall be prohibited. 5. No fence shall obstruct access to public utility boxes, meters or other infrastructure. 6. Fences shall be kept free from advertising and graffiti and maintained in good repair. 7. Regulations for fences along micro -paths and common open space areas are set forth in Article B. LANDSCAPING REQUIREMENTS Section 11-3B-12 of this Chapter. 8. A fence constructed in the public right-of-way shall require a license agreement from the Transportation Authority. 9. if an owner or applicant desires to obtain an alternative compliance from the provisions of this Section, the procedure shall be in accord with Chapter 5 ADMINISTRATION of this Title. Chapter 3 Article A. STANDARD REGULATIONS IN ALL DISTRICTS 612105 10. See Section 11 -3A -6.B.1 for additional fencing requirements along irrigation ditches, laterals, canals, and/or drains. 11. See Section 11-3A-8 for additional fencing requirements along pathways. B. Additional standards in the C -N, C -C, C -G, I -L, and I -H Districts: 1. The maximum fence height shall not exceed eight feet (8'). 2. Open vision fences may be built to the property line. C. Additional standards in the R-2, R-4, R-8, R-15, R-40, L -O, O -T, TN -C, and TN -R Districts: 1. The maximum fence height shall not exceed six feet (6), subject to the provisions set forth in Sections 2 and 3 below. 2. The maximum fence height in the front yard including the front and side yard property lines shall be three feet (3') for a closed vision fence and four feet (4') for an open vision fence. See Figure 4. 3. On corner properties, the maximum fence height shall be six feet (6') above the grade at the property line, and the minimum setback shall be ten feet (10') from the property Iine. 4. Where the rear yard of one property adjoins the front yard of another property, the fence along the rear and side yards where they adjoin the adjacent front yard shall be flush or angled at forty-five (45) degrees to provide continuity with the adjoining fence and property line. See Figure 4. Chapter 3 Article A. STANDARD REGULATIONS IN ALL DISTRICTS 6/2/05 Figure 4: Fence regulations 11-3A-8: MULTIUSE AND MICRO PATHWAYS: A. Multiuse and micro pathways shall be required consistent with the Comprehensive Plan within new residential and commercial developments as part of the public right-of-way or as separate easements so that an alternate transportation system (which is distinct and separate from the automobiles) can be provided throughout the urban service planning area. B. The Bicycle -Pedestrian Design Manual for Ada County (as prepared by the Ada County Highway District) and the City of Meridian Parks and Recreation Master Plan should be considered when reviewing pathway designs. C. Right-of-way for pathways in the middle of long blocks may be required where necessary to obtain convenient pedestrian circulation to schools, parks, other residential areas, and/or shopping areas. D. Pathways shall have easements at least fifteen feet (15') in width in accord with Section 11-313 landscaping requirements of this Title. E. Micro pathways shall be less than two hundred and fifty feet (250') or two lot depths in length and have a w alking surface of least five feet (5') in width. F. Micro pathways shall comply with the landscaping requirements in accord with Chapter 3 Article B landscaping requirements. 7 Chapter 3 Article A. STANDARD REGULATIONS IN ALL DISTRICTS 612105 G. The developer is responsible for the construction of the fences adjacent to all micro pathways. Fences shall be required along micro pathways to distinguish common from private areas. The following fence restrictions shall be included as a note on all final plats that include a micro pathway. Fences adjacent to a micro pathway shall be: 1. An open vision fence, as it provides visibility from adjacent homes or buildings; or 2. If closed vision fencing is used, it shall not exceed four feet (4') in height. H. Multiuse pathways along utility easements or connecting regional facilities shall have a hard surface area of at least ten feet (10') unless more is needed for utility access. 11-3A-9: NATURAL FEATURES: Existing natural features that add value to development and enhance the attractiveness of the community (such as trees, watercourses, historic spots and similar irreplaceable amenities) shall be preserved or mitigated in the design of the development. 11-3A-10: NOXIOUS USE: No area or structure in any district shall be used or occupied in any manner creating dangerous, injurious, noxious or hazardous conditions to the surrounding areas. A. Fire hazard. Any activity involving the use or storage of flammable or explosive materials shall be protected by adequate fire -fighting and fire prevention equipment and by such safety devices as are normally used in the handling of any such materials. Such hazards shall be kept removed from adjacent activities to a distance that is compatible with the potential danger involved as specified in the Uniform Fire Code, Title 5 of the Meridian City Code and the National S afety Foundation publications. B. Radioactivity or electrical disturbance. No activity shall emit harmful radioactivity at any point, or electrical disturbance adversely affecting the operation of any equipment at any point other than that of the creator of such disturbance. C. Vibration. No vibration shall be permitted that is discernible without instruments on any adjoining property. D. Air pollution. Air pollution shall be subject to the requirements and regulations established by the health authority. E. Erosion. No erosion shall be permitted that will carry objectionable substances onto neighboring properties. F. Water pollution. Water pollution shall be subject to the requirements and regulations established by the health authority. 8 Chapter 3 Article A. STANDARD REGULATIONS IN ALL DISTRICTS 6/2/05 11-3A-11: OUTDOOR LIGHTING: A. The following types of lighting are exempt from the regulations of this Section: 1. Light fixtures that have a maximum output of less than 260 lum ens. 2. All outdoor lighting produced by the direct combustion of natural gas or other fossil fuels such as kerosene lanterns or gas lamps. 3. Temporary holiday lighting used for forty (40) days or less per year. 4. Vehicular lights and all temporary emergency lighting needed for fire protection, police protection, and/or other emergency services. 5. All hazard warning lights required by Federal or State regulatory agencies. B. The installation of any of the following types of lighting are prohibited: 1. Mercury vapor lamp fixture and/or lamp. 2. Laser source light or any similar high-intensity light when projected above the horizontal. 3. Changing colors, strobe or moving lights, or searchlights (for advertising purposes) are prohibited in all districts, except where approved for temporary uses. 4. Lighting, including holiday lighting, on commercial or private tower structures that exceed the district height limit is prohibited, except as required by regulations of the Federal Aviation Administration (FAA). C. Standards 1. Light fixtures that have a maximum output of 260 lumens or more shall have an opaque top to prevent up -lighting. 2. Light fixtures that have a maximum output of 1,000 lumens or more per fixture shall have an opaque top to prevent up -lighting, and the bulb shall not be visible. 3. Light fixtures that have a maximum output of 1,800 lumens or more shall have an opaque top to prevent up -lighting; the bulb shall not be visible and shall have a full cut-off shield. See Figure 5. 4. Light fixtures with a maximum output of 1,800 lumens or more shall be placed such that the effective zone of light (as documented by the 9 Chapter 3 Article A. STANDARD REGULATIONS IN ALL DISTRICTS 612105 photometric test report) shall not trespass on abutting residential properties. See Figure 6. FIGURE 5: EXAMPLES OF FULL CUT-OFF SHIELDS FIGURE 6: LIGHT TRESPASS 5. Floodlight fixtures shall be located in such a manner as to prevent direct glare into a street and to minimize impact on abutting properties. a. Floodlight fixtures shall be set to go on only when triggered by activity on the property (sensor -activated) and to go off within 5 minutes after activation has ceased. b. Floodlight fixtures shall be installed so that they do not tilt up more than 45 degrees down from vertical. Chapter 3 Article A. STANDARD REGULATIONS IN ALL DISTRICTS • 4 f \ 1 f f 1 I �5f r FIGURE 6: LIGHT TRESPASS 5. Floodlight fixtures shall be located in such a manner as to prevent direct glare into a street and to minimize impact on abutting properties. a. Floodlight fixtures shall be set to go on only when triggered by activity on the property (sensor -activated) and to go off within 5 minutes after activation has ceased. b. Floodlight fixtures shall be installed so that they do not tilt up more than 45 degrees down from vertical. Chapter 3 Article A. STANDARD REGULATIONS IN ALL DISTRICTS 612/05 6. Up -lighting shall only be allowed in cases where the fixture and any light it emits are shielded from the sky by a roof overhang or similar structural shield. 7. In residential districts, the height of a freestanding light fixture on private property shall not exceed six feet (6'). Street lamps are exempt from this height restriction. 8. Light fixtures mounted on a wall may extend to the full height of the structure, but no farther. 9. Electrical feeds to outdoor light fixtures shall be underground, not overhead. 10. Alternative compliance procedure: If an owner or applicant desires to obtain an alternative compliance from the provisions of this Section, the procedure shall be in accord with Chapter 5 ADMINISTRATION of this Title. 11-3A-12: OUTDOOR SERVICE AND EQUIPMENT AREAS: A. Outdoor mechanical equipment (including, but not limited to, heaters and fans) shall not be located within fifty feet (50') of any abutting residential districts. To reduce noise, permanently mounted mechanical equipment shall be enclosed to the maximum extent possible. B. Outdoor utility meters, HVAC equipment, trash Dumpsters, trash compaction and other service functions shall be incorporated into the overall design of buildings and landscaping so that the visual and acoustic impacts of these functions are fully contained and out of view from adjacent properties and public streets. 11-3A-13: OUTDOOR SPEAKER SYSTEMS: Any outdoor speaker system associated with the use shall be located a minimum one hundred feet (100') from all residential districts. No outdoor speaker systems shall be allowed within a residential district. These standards may be waived through approval of a Conditional Use Permit. 11-3A-14: OUTDOOR STORAGE: A. All outdoor storage of material shall be maintained in an orderly manner so as not to create a public nuisance. Materials shall not be stored within the required yards. Stored items shall not block sidewalks or parking areas and may not impede vehicular or pedestrian traffic. B. The site shall not be used as a vehicle wrecking or junkyard as herein defined. C. Outdoor storage shall be incorporated into the overall design of buildings and landscaping so that the visual and acoustic impacts of these functions 11 Chapter 3 Article A. STANDARD REGULATIONS IN ALL DISTRICTS 6/2/05 are fully contained and out of view from adjacent properties and public streets. 11-3A-15: PRESSURIZED IRRIGATION SYSTEMS: A. System installation required: In each development, the applicant shall provide underground, pressurized irrigation water. For subdivisions, each and every lot within the subdivision shall have underground pressurized irrigation water in compliance with Title 9, Chapter 1 water use and service. The pressurized irrigation system shall be constructed and installed at the same time as the domestic water lines, but it shall not necessarily be in the same trenches. B. Cross -connections: All cross -connections between the domestic water lines and the irrigation water lines shall be in accord with the City's adopted standards, specifications and ordinances. C. Waiver of requirements: The requirements for pressurized irrigation may be waived upon proof that any particular property does not have water rights in an existing irrigation district. The City's domestic water system shall be the last option for providing irrigation water to a proposed subdivision. D. If any property does not have water rights from an existing irrigation district, the applicant shal I pay well development fees as determined by the City. 11-3A-16: SELF-SERVICE USES: Any unattended, self-service uses, including but not limited to, laundromats, automatic teller machines (ATMs), vehicle washing facilities, fuel sales facilities, and storage facilities, shall comply with the following requirements. The Meridian Police Chief or designee may approve alternative standards where it is determined that a similar or greater level of security is provided: A. Entrance or view of the self-service facility shall be open to the public street or to adjoining businesses and shall have low -impact security lighting. B. Financial transaction areas shall be oriented to and visible from an area that receives a high volume of traffic, such as a collector or arterial street. C. Landscape shrubbery shall be limited to no more than three feet (3') in height between entrances and financial transaction areas and the public street. 11-3A-17: SIDEWALKS AND PARKWAYS: A. All sidewalks shall be a minimum of five feet (5'), except if detached sidewalks are provided on local streets in residential subdivisions, the minimum sidewalk width may be reduced to four feet (4'). B. Sidewalks shall be designed to flare around mail boxes, utility boxes and 12 Chapter 3 Article A. STANDARD REGULATIONS IN ALL DISTRICTS 612105 other impediments to pedestrian circulation to maintain a minimum four feet (4') of travel width. C. Detached sidewalks shall be required along all arterial and collector streets. The requirement for detached sidewalks can be waived by the Director for sidewalks less than three hundred (300) linear feet in length and between two adjoining properties with attached sidewalks. D. Sidewalks shall be required on both sides of the street, except where the average width of lots, as measured at the street frontage line or at the building setback line, is over one hundred fifty feet (150'); sidewalks on only one side of the street may be allowed. E. The minimum width of a parkway shall be five feet (5'). The width can be measured from the back of curb when it can be demonstrated that there is no opportunity for expansion of the street section within the right-of-way; the parkway width shall exclude the width of the sidewalk. Only Class II trees may be planted in parkways less than ten feet (10) in width. 11-3A-18: STORM DRAINAGE: An adequate storm drainage system shall be required in all developments in accord with the City's adopted standards, specifications and ordinances. Design and construction shall follow best management practice as adopted by the City. 11-3A-19: STRUCTURES SUBJECT TO DESIGN STANDARDS: A. Purpose: 1. To create unique character and quality architectural design in the development of large structures. 2. To minimize the impact of the scale, bulk and color of large structures on surrounding properties. 3. To encourage high-quality materials and longevity in large structures. 4. To protect the safety and convenience of pedestrian access to large structures, and create attractive pedestrian amenities. 5. To provide greater attention to the design and location of large structures in relationship to the surrounding street. 6. To locate noise -generating activities away from any adjacent residential uses. 7. To create attractive and quality designed structures reflecting the unique character of Meridian along the City's entryway corridors. 13 Chapter 3 Article A. STANDARD REGULATIONS 1N ALL DISTRICTS 612105 8. To guide the design of structures, not control the type, intensity or density of the use. B. Applicability: All structures greater than the following sizes are subject to the requirements of this section: 1. All structures greater than 7,500 square feet i n the C -N District; 2. All structures greater than 10,000 square feet i n the L-0 District; 3. All structures greater than 60,000 square feet i n the C -C District; and 4. All structures greater than 200,000 square feet i n the C -G District. 5. All structures on property adjacent to an entryway corridor. C. Standards 1. Architectural Character: a. Facades: Facades visible from a public street shall incorporate modulations in the facade, roof line recesses and projections along a minimum of twenty percent (20%) of the length of the facade. b. Primary public entrance(s): The primary building entrance(s) shall be clearly defined by the architectural design of the building. Windows, awnings, or arcades shall total a minimum of thirty percent (30%) of the facade length facing a public street. c. Roof lines: Roof design shall demonstrate two or more of the following: a) overhanging eaves, b) sloped roofs; c) two (2) or more roof planes; d) varying parapet heights; and e) cornices. d. Pattern variations: At least two (2) changes in one (1) or a combination of the following shall be incorporated into the building design: color, texture and/ materials. e. Mechanical equipment: All ground -level and rooftop mechanical equipment shall be screened to the height of the unit as viewed from the property line. 2. Color and materials: Exterior building walls shall demonstrate the appearance of high-quality materials of stone, brick, wood or other native materials. Acceptable materials include tinted or textured masonry block, textured architectural coated concrete panels, tinted or textured masonry block, or stucco or stucco -like synthetic materials. Smooth -faced concrete block, tilt -up concrete panels, or prefabricated steel panels are prohibited except as accent materials. 14 Chapter 3 Article A. STANDARD REGULATIONS IN ALL DISTRICTS 612105 3. Parking Lots: No more than seventy percent (70%) of the off-street parking area for the structure shall be located between the front fagade of the structure and abutting streets, unless the principal building(s) and/or parking is/are screened from view by other structures, landscaping and/or berms. 4. Pedestrian walkways: a. A continuous internal pedestrian walkway that is a minimum of eight feet (8') in width shall be provided from the perimeter sidewalk to the main building entrance. The walkway width shall be maintained clear of any outdoor sale displays, vending machines, or temporary structures. b. The internal pedestrian walkway shall be distinguished from the vehicular driving surfaces through the use of pavers, colored or scored concrete, or bricks. c. Walkways at least eight feet (8') in width, shall be provided for any aisle length that is greater than one -hundred fifty (150) parking spaces or two hundred feet (200') away from the main building entrance. d. The walkways shall have weather protection (including but not limited to an awning or arcade) within twenty feet (20') of all customer entrances. D. Alternative compliance: The Director may approve, or recommend approval of, an alternative compliance proposal in accord with Chapter 5 administration of this Title, when the overall design, as proposed by the applicant, meets or exceeds the intent and the requirements of this Section and shall not be detrimental to public health, safety, and welfare. 11-3A-20: TRAVELING SLEEPING QUARTERS: Recreation vehicles and equipment, including but not limited to, travel trailers, fifth -wheels, recreational vehicles, motor coaches, and tent, shall not be used as living quarters unless within an approved campground or recreational vehicle park. 11-3A-21: UTILITIES: A. All utilities for an approved use shall be installed at or below grade in accord with the City's adopted standards, specifications and ordinances. B. Street lighting shall be installed in accord with the City's adopted standards, specifications and ordinances. 15 Chapter 3 Article A. STANDARD REGULATIONS IN ALL DISTRICTS 612105 C. All development shall be connected to the City of Meridian water and sewer systems, unless otherwise approved by the City Engineer, 1. All public water supply or sewer systems (serving one or more separate premises or households) shall be constructed in accord with the City's adopted master plans. 2. All new public water supply or sewer systems shall be an extension of an existing public system. D. Fire hydrants and water mains: Adequate fire protection shall be required in accord with the appropriate fire district standards. Chapter 3 Article A. STANDARD REGULATIONS IN ALL DISTRICTS 6/2/06 CHAPTER 3 REGULATIONS APPLYING TO ALL DISTRICTS ARTICLE B. LANDSCAPING REQUIREMENTS ARTICLE B. SECTIONS 11-313-1: PURPOSE 11-36-2: APPLICABILITY 11-313-3: APPLICATION REQUIREMENTS 11-3B-4: APPLICATION PROCESS 11-313-5: STANDARDS AND INSTALLATION 11-313-6: IRRIGATION STANDARDS 11-3B-7: LANDSCAPE BUFFERS ALONG STREETS 11-313-8: PARKING LOT LANDSCAPING 11-3B-9: BUFFERS BETWEEN LAND USES 11-313-10: TREE PRESERVATION 11-313-11: STORMWATER INTEGRATION 11-313-12: MIGROPATH LANDSCAPING 11-313-13: LANDSCAPE MAINTENANCE 11-313-14: INSTALLATION 11-313-1: PURPOSE: A. The regulations of this Article are intended to promote landscaping in the City of Meridian that will improve community livability, preserve the quality of life, and enhance the aesthetic quality, economic viability, and environmental health of the city. B. The City of Meridian recognizes that landscaping can be a significant expense to business people and residents. At the same time, landscaping improves the livability of residential neighborhoods, enhances the appearance and customer attraction of commercial areas, increases property values, improves the compatibility of adjacent uses, screens undesirable views, and can reduce air and noise pollution. C. The intent of these regulations is to achieve a balance between the right of individuals to develop and maintain their property in a manner they prefer and the rights of City residents to live, work, shop, and recreate in pleasant, healthy, and attractive surroundings. D. These regulations are intended to promote the use of native and other low- water -use plant materials and to discourage landscaping that requireds high water use for maintenance, such as large expanses of lawn. 1 Chapter 3 Article B. LANDSCAPING REQUIREMENTS 612105 11-313-2: APPLICABILITY: A landscape plan shall be required for the following. A. All development, redevelopment, additions, or site modifications except detached and attached single-family, two-family duplexes, and townhouse dwelling units. B. All common lots in all subdivisions. C. All applications for a Conditional Use Permit (CUP), Preliminary Plat (PP), Final Plat (FP), Certificate of Zoning Compliance (CZC), or Planned Unit Development (PUD). D. Applicability of additions to existing structures: Existing development shall be required to conform to this section based upon the followi ng guidelines: 1. For additions less than twenty five percent (25%) of the existing structure or developed area, no additional landscaping shall be required. 2. For additions that are twenty five percent (25%) to fifty percent (50%) of the existing structure or developed area, Perimeter and Right-of-way Landscaping as required by this Article shall be installed. 3. For additions greater than fifty percent (50%) of the existing structure or developed area, all current landscape standards of this Article shall be met. 4. If the location of existing buildings or other structures prevents conformance with the requirements of this section, or if its implementation would create a non -conformity, the Director shall determine how this Article is to be applied through the Alternative Compliance process in accord with Chapter 5 ADMINISTRATION of this Title. 11-313-3: APPLICATION REQUIREMENTS: A. All landscape plans shall comply with the requirements for size, scale, number of copies, and contents as detailed in the application form. B. The landscape plan may be on the same site plan used to show parking layout, setback compliance, etc. C. All landscape plans shall be prepared by a landscape architect, landscape designer, or qualified nurseryman. 11-313-4: APPLICATION PROCESS: A. A preliminary landscape plan review is recommended prior to submission for all developments, but is not required. 2 Chapter 3 Article B. LANDSCAPING REQUIREMENTS 612105 B. A landscape plan will be reviewed in accord with the standards and procedures set forth in this Article and approved by the Department. C. Landscape plan modification: 1. An approved Landscape Plan shall not be altered without prior approval of the Planning Department. 2. No significant field changes to the plan are permitted. 3. Prior written approval of all material changes is required. 4. All approved changes to the landscape plan shall be documented prior to issuance of a Certificate of Occupancy. 11-313-5: STANDARDS AND INSTALLATION: A. Approved plant material: The publication titled Tree Selection Guide for Streets and Landscapes throughout Idaho by the Urban Forestry Unit of the Boise Parks and Recreation Department (latest edition) is hereby adopted by this reference as the City of Meridian's list of approved and prohibited plant material. The publication categorizes the trees by size as Class I, Class II, or Class III trees. The City recognizes that new plant varieties are being produced every year and will consider other species not listed in the publication. Copies of the publication will be available at the Planning Department. B. Minimum plant sizes: The following are minimum plant sizes for all required landscape areas: TABLE 11-3B-1: MINIMUM PLANT SIZES TYPE OFJREE MINIMUM SIZE Shade Trees: Two inch T" caliper minimum Ornamental Trees: Two inch 2" caliper minimum Evergreen Trees: Six foot 6' height minimum Woody Shrubs: Twa 2gallon pot minimum C. Prohibited plant material: The plants listed under Trees Not Permitted for Rights -of -Way Property Planting are prohibited from being planted along any street or within any parking lot regulated by this Article. The only exception is that conifers may be planted in the center of street buffers that have a minimum width of twenty feet (20') as measured from the edge of the sidewalk to the street curb. For public safety purposes, the location of such conifers shall maintain view corridors of nonresidential structures. 3 Chapter 3 Article S. LANDSCAPING REQUIREMENTS 612/05 D. Tree species mix: When five (5) or more trees are to be planted to meet the requirements of any portion of this Article (including street trees, street buffers, parking lot landscaping and other landscape guidelines), a mix of species shall be provided. The number of species to be planted shall vary according to the overall number of trees required to be planted. See the table below: TABLE 11-3B-2: REQUIRED NUMBER OF TREES AND SPECIES REQUIRED .NUIVIBER OF TREES Nilt�flMUM NUMBER Ol" SPECIES 5to10 2 11 to 30 3 31 to 50 4 more than 50 5 E. Plant quality: All plant material installed pursuant to this Article shall meet or exceed the minimum federal standards as regulated by ANSI Z60.1, American Standard for Nursery Stock. F. Planting standards: All trees, shrubs, and other plant material shall be planted using accepted nursery standards as published by the American Association of Nurserymen (latest edition) including hole size, backfilling, and fertilization. G. Staking: tree staking is not required but may be used in areas with high winds or other situations that make staking desirable. If trees are staked, the stakes shall be removed within 12 months to prevent damage to the tree. H. Mulching. Mulch shall be used in all required planting areas. Approved mulches may be organic, such as bark or soil aid, or they may include rock products, such as "permabark" or similar products. Use of mulch, organic or rock, as the only groundcover in required planting areas is prohibited. Required landscape areas shall be at least seventy percent (70%) covered with vegetation at maturity, with mulch used under and around the plants. Pea gravel, drain rock, road base gravel, and similar products shall not be used as mulch. All mulch shall be contained by a curb or other edging material to contain the mulch and prevent it from migrating to adjacent surfaces. If rock mulch is used, a weed barrier fabric shall be used beneath the rock. Impermeable plastic weed barriers are prohibited because they restrict water and oxygen to the plants. I. Curbing: All planting areas that border driveways, parking lots, and other vehicle use areas shall be protected by curbing, wheel stops, or other approved protective devices. Such devices shall be a minimum of thirty inches (30") from all tree trunks to prevent cars from damaging tree trunks. 4 Chapter 3 Article B. LANDSCAPING REQUIREMENTS 612105 J. Utilities: The following standards apply to the planting of trees near existing utilities and to trenching for new utilities near existing trees: 1. Overhead utilities: Only Class I trees in the Recommended Plant List may be planted under or within ten (10) lateral feet of any overhead utility wires. 2. Underground utilities: All trees shall be planted outside of any easement that contains a City water or sewer main, unless written approval is obtained from the City Engineer. If any utility easement precludes trees required by this Article, the width of the required buffer shall be increased to accommodate the required trees. 3. Trenching: New underground utilities shall stay outside of the dripline of existing trees if trenched, or be tunneled a minimum of three (3') feet below existing grade within the tree's dripline. The guiding principle is that no root two inches (2') or larger shall be cut. Note: This requirement is for placement of new utilities and does not affect the City's ability to access existing utilities for repair and maintenance. K. Erosion control: The landscape installation shall stabilize all soil and slopes. L. Berms: berm slopes shall not exceed 2:1 (horizontal: vertical). 3:1 maximum slopes are recommended. Grass that requires mowing shall not be used on slopes steeper than 3:1. 11-3B-6: IRRIGATION STANDARDS: A. irrigation required: All landscape areas regulated by this Article shall be served with an automatic underground irrigation system. Additional requirements affecting pressurized irrigation systems can be found in the Meridian City Code Section 9-1-28 pressurized irrigation. B. Performance specifications: Three (3) copies of detailed irrigation performance specifications shall be submitted with the landscape plan for all Final Plats and Certificates of Zoning Compliance. Performance specifications shall state design requirements, materials, construction methods, and point of connection, and the following specifications: 1. Coverage. The irrigation system shall be designed to provide 100% coverage with head-to-head spacing or triangular spacing as appropriate. 2. Matched precipitation rates. Sprinkler heads shall have matched precipitation rates within each control valve circuit. 3. Irrigation districts. Sprinkler heads irrigating lawn or other high -water - demand areas shall be circuited so that they are on a separate zone or districts from those irrigating trees, shrubs, or other reduced -water -demand areas. 5 Chapter 3 Article B. LANDSCAPING REQUIREMENTS 612105 4. Overspray. Sprinkler heads shall be adjusted to reduce overspray onto impervious surfaces such as streets, sidewalks, driveways, and parking areas. C. Backflow prevention: Provide an appropriate backflow prevention device as required by Meridian City Code Chapter 9, Article 3 cross connection control. D. Irrigation water: Use of non -potable irrigation water is required when determined to be available by the City Public Works Department as set forth in Meridian City Code Section 9-1-28 pressurized irrigation. Water availability during the fall and spring seasons is also required by connecting to City potable water or an on-site well as a secondary source, except where xeriscape landscaping has been provided. If City potable water is used, a separate water meter is required so the owner can avoid paying sewer fees for irrigation water. E. Subdivision irrigation systems: If the irrigation system is part of a plat, any irrigation pump station shall be on a common lot. The irrigation system shall be owned and maintained by an irrigation district or an Owners Association. 11-3B-7: LANDSCAPE BUFFERS ALONG STREETS: A. Purpose: The intent of these requirements is to ensure the long term and consistent maintenance of landscape buffers along streets that improve the visual quality of the streetscape, unify diverse architecture, and carry out the Comprehensive Plan policies related to promoting attractive street(s) and street beautification. B. Applicability: Landscape buffers shall be required along streets in all locations, except for local streets adjacent to single-family residential, duplex, and townhouse properties. C. Standards for landscape buffers along streets shall be as follows: 1. Buffer size: See Chapter 2 DISTRICT REGULATIONS. a. Street buffers with attached sidewalks: All street buffers with attached sidewalks shall be measured from the property line and not from the sidewalk or curb. b. Where the buffer is encumbered by easements or other restrictions, the buffer area shall include a minimum five-foot (5') wide area for planting shrubs and trees. c. Width reduction: In a development where the required street buffer width results in an otherwise unavoidable hardship to the property, a written request for a buffer reduction may be submitted through the Alternative Compliance process in accord with Chapter 5 ADMINISTRATION of this Title. The request shall demonstrate evidence of the hardship caused by 6 Chapter 3 Article B. LANDSCAPING REOUIREMENTS 612105 the required street buffer and propose a specific alternative width. In no case shall the width be reduced to less than ten percent (10%) of the depth of the lot, except in Old Town. 2. Buffer location: Landscape buffers along streets shall be located at all subdivision boundaries. a. All residential subdivision street buffers shall be on a common lot, maintained by a hom e -owners association. b. All commercial, industrial, and other nonresidential street buffers shall be on a common lot or on a permanent easement, maintained by the property owner or business owners association. c. Except where fences and walls are used as decorative landscape elements, fences and walls are permitted only on the interior edge of the street buffer. 3. Street trees: a. All required landscape buffers along streets shall be planted with trees and shrubs, lawn, or other vegetative groundcover. b. The minimum density of one (1) tree per thirty-five (35) linear feet is required. If this calculation results in a fraction five (5) or greater, round up to an additional tree. If the calculation results in a fraction less than five (5), round the number down. c. Large shrubs, hedges and conifers should be used sparingly and in clusters that are well integrated with the landscape design. Such plants shall not screen or create a public safety hazard. 4. Tree spacing: For design flexibility, trees may be grouped together or spaced evenly as desired. However, trees shall be spaced no closer than eighty percent (80%) of the average mature width of the trees, as demonstrated in the following examples: Chapter 3 Article B. LANDSCAPING REQUIREMENTS 612105 FIGURE 7: TREE SPACING Examples: x (4-0-+411).8 = 32' � M11 1 2 1:�7E iVolin Spacing; Minimum Tree Spacing. Cxarnples: r E�l Y ( +Y).8 (402.15).8 = 22' Min Spacing Minimum Tree Spacing. 5. landscaping within right-of-way: a. If the unimproved street right-of-way is ten feet (10') or greater from edge of pavement to edge of sidewalk or property line, and street widening project is not in the Transportation Authority's 5 -year funded plan, developer shall maintain a ten- (10) foot -wide compacted gravel shoulder meeting the construction standards of the Transportation Authority and landscape the remainder with lawn or other vegetative groundcover. b. landscaping improvements within the right-of-way shall require a license agreement between the property owner and the Transportation Authority. 6. Impervious surfaces: Allowed impervious surfaces within the landscape buffer include driveways, signs and walkways. Vehicle display pads and other related impervious surfaces are prohibited in the required buffer. Chapter 3 Article B. LANDSCAPING REQUIREMENTS 612105 7. Berms in street buffers: Berm design is subject to the provisions in accord with subsections 11-3B-51 of this Article. 8. Stormwater detention: Stormwater swales may be incorporated into the buffer in accord with subsection 11-38-11. of this Article. Other stormwater detention and retention facilities shall not be permitted in the street buffer, except along 1-84. 11-313-8: PARKING LOT LANDSCAPING: A. Purpose: The purpose of perimeter and internal parking lot landscaping is to soften and mitigate the visual affect of a large expanse of asphalt in parking lots. Landscaping can also reduce summer heat gain in parking areas and define pedestrian ways. B. Applicability: The requirements for perimeter and internal lot landscaping shall apply to all commercial, industrial and multifamily development, with the following exceptions: 1. Industrial exclusion: Parking spaces adjoining loading areas in the I -L and 1-H districts are excluded from the interior landscape requirements. 2. Reconstruction of existing parking lots: Reconstruction of existing parking lots shall require a Certificate of Zoning Compliance in accord with Chapter 5 ADMINISTRATION of this Title to demonstrate conformance with the following standards: a. For restriping parking lot overlays with no increase in the square footage of the parking area, or parking lot replacement less than twenty-five percent (25%), no additional landscaping shall be required. b. For parking lot replacement that is twenty-five to fifty percent (25 to 50%) of the parking area, Perimeter and Right-of-way Landscaping as required by the Article shall be installed. 3. For parking lot replacement that is greater than fifty percent (50%) of the parking area, all current landscape standards of the Article shall be met. 4. If the location of existing buildings or other structures prevents conformance with the requirements of this section, or if its implementation would create a nonconformity with parking standards, the Director shall determine how this Article is to be applied through the Alternative Compliance process. 9 Chapter 3 Article B. LANDSCAPING REQUIREMENTS 6/2/05 C. Standards: 1. For perimeter landscaping: The following standards apply to all interior lot lines, side or rear, adjacent to parking lots or other vehicular use areas, including driveways: a. Provide a five- (5) foot minimum perimeter landscape buffer along all interior lot lines that are adjacent to parking, loading, or other paved vehicular use areas, including driveways, vehicle sales areas, truck parking areas, bus parking areas, and vehicle storage areas. This requirement may be reduced at the determination of the Director where there is a shared driveway with an adjacent property. b. Landscaping: The perimeter landscape buffer shall be planted with one (1) tree per thirty-five (35) lineal feet and shrubs, lawn, or other vegetative groundcover. c. Encroachments: Structures less than 120 square feet, including but not limited, to trash enclosures and storage sheds, may encroach into the perimeter landscape buffer. 2. For internal landscaping: Interior parking lot landscaping shall be required on any parking lot with more than twelve (12) spaces. The following standards apply to internal landscaping: a. Planter size: Landscape planters shall contain a minimum of fifty (50) square feet, and the planting area shall not be less than five feet (5') in any dimension, measured inside curbs. The only exception to the five- foot minimum dimension is at the tip of triangular planters located at the end of rows of angled parking. b. Parking spaces: No linear grouping of parking spaces shall exceed twelve (12) in a row, without an internal planter island. The planter island shall run the length of the parking space and may be reduced by two feet (2') to allow for improved vehicular maneuvering. c. Parking lot layout: Interior landscaping shall, insofar as possible, be used to delineate and guide major traffic movement within the parking area so as to prevent cross -space driving. interior landscape planters shall be spaced as evenly as feasible and at the ends of rows of parking throughout the lot to consistently reduce the visual impact of long rows of parked cars. d. Trees required: Each interior planter that serves a single row of parking spaces shall be landscaped with at least one (1) tree and shall be covered with low shrubs, lawn, or other vegetative groundcover. Each interior planter that serves a double row of parking spaces shall have at least two (2) trees and shall be covered with low shrubs, lawn, or other vegetative groundcover. Deciduous shade trees shall be pruned to a 10 Chapter 3 Article B. LANDSCAPING REQUIREMENTS 612105 minimum height of eight feet (8') above the adjacent parking areas. Evergreen trees and Class III trees are prohibited in interior planters. e. Design flexibility: In parking areas where the strict application of this subsection 11-313-7C will seriously limit the function and circulation of the lot, up to fifty percent (50%) of the required landscaping may be located near the perimeter of the paved area to emphasize entrance corridors or special landscape areas within the general parking area. Such required interior landscaping that is relocated shall be in addition to perimeter landscape and right-of-way screening requirements. 11-38-9: BUFFERS BETWEEN LAND USES: A. Purpose: The landscape requirements in this section are intended to ensure that incompatible, adjoining land uses are adequately protected and are provided an appropriate amount of land separation to conduct permitted uses without causing adverse impact. B. Applicability: The landscape buffer is required in the C -N, C -C, C -G, and L -Q districts on any parcel sharing a contiguous lot line with a residential land use. The landscape buffer is required in the I -L and I -H districts on any property sharing a contiguous I of line with a nonindustrial use. C. Standards: 1. Buffer materials: The materials within the required buffer between incompatible land uses are regulated as follows: a. Mix of materials: All buffer areas shall be comprised of, but not limited to, a mix of evergreen and deciduous trees, shrubs, lawn, or other vegetative groundcover. Fences, walls and berms may also be incorporated into the buffer area. b. Barrier effectiveness: The required buffer area shall result in a barrier that allows trees to touch at the time of the tree maturity. c. Buffer wall and/or fence: Where existing or proposed adjacent land uses cannot be adequately buffered with plant material(s), the City may require inclusion of a wall, fence, or other type of screen that mitigates noise and/or unsightly uses. If a wall or fence at least six feet (6') tall is provided, the planting requirement may be reduced to at least one tree per 35 lineal feet, plus shrubs, lawn, or other vegetative groundcover. d. Chainlink Fencing: Chainlink fencing with or without slats does not qualify as a screening material. Except in the I -L and I -H districts, chainlink or cyclone fencing is prohibited within required buffers between different land uses. Chainlink may be used beyond the required buffer. 11 Chapter 3 Article B. LANDSCAPING REQUIREMENTS 612105 2. Minimum buffer size: The size of the buffer is determined by the district in which the property is located. The tables of dimensional standards for each district in accord with Chapter 2 DISTRICT REGULATIONS of this Title establish the minimum buffer size. 3. Pedestrian access: Landscape buffers shall facilitate pedestrian access from residential development to abutting commercial districts and vice versa. 4. Relationship to parking lot perimeter requirements: All buffers between different land uses may include any required perimeter parking lot landscape buffers (see subsection 11 -3B -9B) when calculating the minimum width of the buffer. 5. Buffers along planned pathways: All commercial, industrial, and employment developments shall provide a five-foot- (5) wide minimum buffer adjacent to any planned pathways in the City's Comprehensive Plan or Park System Master Plan. The buffer shall be planted with a minimum of one (1) tree per thirty-five (35) lineal feet. 6. Open water ponds: Aesthetically designed open water ponds and holding areas may comprise up to twenty-five percent (25%) of a required open space area. All ponds with a permanent water level shall meet the following standards: a. The pond shall have recirculated water. b. The pond shall be maintained such that it does not become a mosquito breeding ground. 11-3B-10: TREE PRESERVATION: A. Purpose: The regulations of this section are intended to preserve existing trees four -inch (4") caliper or greater from destruction during the development process. B. Applicability: Tree preservation is required in all districts. C. Standards: 1. Site plans: Site plans shall make all feasible attempts to maintain existing trees four -inch (4") caliper or greater within their design. 2. Landscape plan: All existing trees greater than four -inch (4") caliper shall be shown on the landscape plan. Indicate whether each tree is to be retained or removed. Include on the plan a description of how existing trees to be retained are to be protected during construction. 12 Chapter 3 Article B. LANDSCAPING REQUIREMENTS 612105 3. Protection during construction: Existing trees that are retained shall be protected from damage to bark, branches, and roots during construction. The City of Meridian Parks Department arborist shall approve the protection fence(s) prior to construction. Any severely damaged tree shall be replaced in accord with subsection 11 -3B -10.C.5 of this Article. 4. Construction within the dripline of existing trees: Construction, excavation, or fill occurring within the drip line of any existing tree shall be avoided. Specific requirements for construction within the dripline of existing trees are as follows: a. Paving: Whenever possible, impervious paving surfaces shall remain outside of the dripline of existing trees. When it is not possible, impervious surfaces shall be allowed at a distance from the trunk of a retained tree equal to the diameter of the tree trunk plus five feet (5). b. Grade changes: Grade changes greater than six inches (6") are prohibited within the dripline of existing trees. c. Compaction: A fence or barrier that encloses the entire area beneath the tree canopy steal I be in place prior to construction. d. Utilities: New underground utilities to be placed within the dripline of existing trees shall be installed in accord with subsection 11-313-5.J.3 of this Article. 5. Mitigation: a. Mitigation shall be required for all existing trees four -inch (4") caliper or greater that are removed from the site with equal replacement of the total calipers lost on site up to an amount of one hundred percent (100%) replacement. (Example: two (2) 10 -inch caliper trees removed may be mitigated with four (4) 5 -inch caliper trees, five (5) 4 -inch caliper trees, or seven (7) 3 -inch caliper trees.) b. No mitigation is required in the following: (a) existing prohibited trees within the street buffer or parking lot; (b) existing dead, dying, or hazard trees certified prior to removal by the City of Meridian Parks Department arborist; (c) trees that are required to be removed by another governmental agency having jurisdiction over the project. 6. Required landscaping: Existing trees that are retained or relocated on site may count toward the required landscaping. Mitigation trees are in addition to all other landscaping required by this Article. 13 Chapter 3 Article B. LANDSCAPING REQUIREMENTS 6/2/05 7, Incentives: The Director may allow a reduction up to ten percent (10%) of the required parking spaces to accommodate existing trees through the Alternative Compliance process in accord with Chapter 5 ADMINISTRATION of this Title. Approval of the reduction in required parking shall be obtained in writing prior to submittal of plans. 11-313-11: STORMWATER INTEGRATION: A. Purpose: The regulations of this section are intended to improve water quality and provide a natural, effective form of flood and water pollution control through the integration of vegetated, well-designed stormwater filtration swales into required landscape areas, where topography and hydrologic features allow. B. Applicability: The standards for stormwater integration shall apply to all subdivisions, site improvements and AC HD stormwater facilities. C. Standards 1. Stormwater swales incorporated into required landscape areas shall be vegetated with grass or other appropriate plant materials. The maximum slope shall be 3:1. Such swales shall also be designed to accommodate the required number of trees as per Section 11-313-7 if located in a street buffer or other required landscape area. 2. A rock sump may be incorporated into a vegetated swale to facilitate drainage. The rock sump inlet may not exceed more than five feet (5) in any horizontal dimension. Grates for sand/grease interceptors may also be incorporated, but the inlet structures may not exceed two feet (2') in any horizontal dimension. 3. Gravel, rock, or cobble stormwater facilities are not permitted on the surface of required landscape areas, unless designed as a dry creek bed or other design feature. 4. Plant materials shall be a species that are able to withstand the anticipated changes in soil wetness and moisture levels. 5. Organic mulch shall not be used against drainage catch basins because of potential sediment clogging. 6. Slopes shall be less than 3:1 (horizontal: vertical) for accessibility and maintenance. 7. The stormwater facility shall be designed free -draining with no standing water within 24 hours of the completion of a storm event. 11-313-12: MICRO PATHWAY LANDSCAPING: 14 Chapter 3 Article B. LANDSCAPING REQUIREMENTS 612105 A. Purpose: The purpose of this section is to promote trees and other landscaping along micro pathways developed within the City. The required landscaping will provide shade and visual interest along the micro pathways. B. Applicability: Whenever micro pathways are installed, the landscaping standards within this section shall apply. C. Standards: 1. Planter width: A landscape strip a minimum of five feet (5`) wide shall be provided along either side of the micro pathway. Designs are encouraged in which the landscape buffers alternates along either side of the micro pathway and provides additional width to allow trees to be planted farther from the pathway, preventing root damage to the path. 2. Required plants: The landscape buffers shall be planted with a minimum of one (1) deciduous tree per thirty-five (35) linear feet of either side of the micro pathway and shrubs, lawn, or other vegetative ground cover. 3. Improvements: The pathways shall be paved with two (2) inches of asphaltic concrete or equivalent. 4. Tree branching height: Trees along the pathway shall be pruned with a clear branching height of at least eight feet (8`) above the path surface. 5. Shrub height: Shrubs are limited to three feet (3') high or less at mature size to allow for safety provisions and sight distance. 6. Mulch: The solitary use of mulches, such as bark alone without vegetative ground covers, is prohibited. Mulch under the trees and shrubs is required in accord with subsection 11-313-3.H. of this Article. 7. Prohibited trees: No evergreen trees or Class III trees shall be planted within the required landscape strip because of safety, sight distance, and maintenance concerns. 8. Fences: See Section 11 -3A -8G of this Title for micro pathway fencing standards. 11-38-13: LANDSCAPE MAINTENANCE: A. Purpose: The regulations of this section are intended to ensure that all required landscaping is maintained in a healthy, growing condition at all times. B. Applicability: The requirement for landscape maintenance applies in all districts where landscaping has been required. 15 Chapter 3 Article B. LANDSCAPING REQUIREMENTS 612105 C. Standards: 1. Responsibility: The property owner is responsible for the maintenance of all landscaping and screening devices required by this Article. 2. Topping prohibited: Topping any street tree required by this Article is prohibited. 3. Tree grates: Tree grates shall be widened to accommodate the growing tree trunk and prevent girdling of any trees planted in tree wells within sidewalks or other public right-of-way. 4. Dead and diseased plant materials: Plant materials that exhibit evidence of insect pests, disease, and/or damage shall be appropriately treated to correct the problem. Dead plant materials shall be replaced. 5. Inspections: All landscaping required by this subsection may be subject to periodic inspections by City officials to determine compliance or to investigate. 11-3B-14: INSTALLATION: A. Certificate of completion: A written certificate of completion shall be prepared by the landscape architect, landscape designer or qualified nurseryman responsible for the landscape plan upon completion of the landscape installation. The Certificate of Completion shall verify that all landscape improvements, including plant materials and sprinkler installation, are in substantial compliance with the approved landscape plan. B. Installation schedule: 1. All required landscaping, irrigation systems and site features shall be installed according to the approved landscape plan prior to issuance of a final Certificate of Occupancy. 2. Private site improvements that are above and beyond the requirements placed on the development do not require completion prior to occupancy. (For example a clubhouse in a residential development need not be completed prior to occupancy of residences in the development). 3. For final plats, all landscape buffers along streets, with the exception of local streets, shall be installed prior to signature on the final plat. Street buffers on local streets may be installed at the time of the lot development; installation of such improvements shall not be required at the time of plat approval. 16 Chapter 3 Article B. LANDSCAPING REQUIREMENTS 612105 Extension of time for installation: The Director may issue a Temporary Certificate of Occupancy for a specified time period, not to exceed one hundred eighty (180) days when: Due to weather or other circumstances, the landscaping or other required site amenities cannot be completed; and The applicant has bonded for the required improvements consistent with the provisions of Chapter 5 Article C. SURETY AGREEMENTS of this Title. Chapter 3 Article B. LANDSCAPING REQUIREMENTS 612105 CHAPTER 3 REGULATIONS APPLYING TO ALL DISTRICTS ARTICLE C. OFF-STREET PARKING AND LOADING REQUIREMENTS ARTICLE C. SECTIONS: 11-3C-1: PURPOSE 11-3C-2: APPLICABILITY 11-3C-3: PROCESS 11-3C-4: PARKING USE REGULATIONS 11-3C-5: DESIGN STANDARDS 11-3C-6: REQUIRED NUMBER OF OFF-STREET PARKING SPACES 11-3C-7: PARKING REDUCTION 11-3C-8: OFF-STREET LOADING SPACE REQUIREMENTS 11-3C-1: PURPOSE: The purpose of this Article is to provide regulations and standards for off-street parking and loading facilities with the intent to provide off- street parking areas, minimize traffic hazards and congestion, and mitigate impacts on surrounding properties. 11-3C-2: APPLICABILITY: The following standards shall apply to any new construction, alteration, or moving of a structure or any new or more intense use of property. The number of off-street parking spaces, as set forth in this Article, shall be provided for all allowed uses in any district. A greater number of spaces may be required in any application involving a conditional use permit. 11-3C-3: PROCESS: An off-street parking and loading plan shall be required as a component of any discretionary permit or applicable building permit. Such plan shall show the following: A. The off-street parking and loading plan shall contain the location, size, and type of all proposed off-street parking and loading facilities. B. If the proposed development project shall be completed in phases, such phases shall be noted on the plan. 11-3C-4: PARKING USE STANDARDS: A. Required parking spaces shall be used for vehicle parking only. B. Parking areas for residential dwellings: 1. Parking of one (1) commercial vehicle as defined in Chapter 1 GENERAL REGULATIONS of this Title per property may be allowed, provided it is operated by the occupant and used to commute from home to work at an off-site location or used as part of an approved home occupation. Chapter 3 Article C. OFF-STREET PARKING AND LOADING REQUIREMENTS 612105 2. Vehicles without current registration shall not be parked or stored on any residential property other than in an encl osed space. 3. One (1) boat and one (1) travel trailer may be stored in the side or rear yard. 11-3C-5: DESIGN STANDARDS: A. Design of parking areas. 1. All parking areas shall be designed and constructed to provide the type and number of off-street parking spaces required by Section 11-3C-6 of this Title, and designed as required by this Section. 2. Location of parking spaces relative to structure(s). a. Parking spaces for all detached residential dwelling units shall be located on the same lot as the use that they are intended to serve. b. Parking for attached residential dwelling units shall be located not more than three hundred feet (300')from the structure(s), except as provided by Section 11-3C-7. c. Parking spaces for nonresidential uses shall be located not more than five hundred feet (500') from structure(s), except as provided by Section 11-3C-7. d. For any vertically integrated residential project, not more than ten percent (10%) of the required parking shall be located in the front of the structure. 3. Off-street parking spaces shall not be located in any landscape buffer as required by Article B. LANDSCAPING REQUIREMENTS of this Chapter. 4. Parking lots shall be designed in accord with Section 11-313-8 PARKING LOT LANDSCAPING of this Chapter. 5. Parking stalls and driving aisles shall be designed in accord with the standards in Table 11-3C-1. Figure 8 shows the parking design dimensions. 6. All required parking as determined in Section 11-3C-6 shall be designed for standard vehicles. Compact stalls are discouraged, but may be used for any parking above the num ber of required parking spaces. 7. All parking areas shall provide on-site turnarounds in accord with the Meridian Fire Department standards for all off-street parking spaces and loading facilities. 2 Chapter 3 Article C. OFF-STREET PARKING AND LOADING REQUIREMENTS 612105 8. The design of off-street parking areas shall not require moving any car to gain access to a required parking space. 9. It is the responsibility of the applicant to ensure that the parking lot design meets all American with Disabilities Act (ADA) requirements. TABLE 11-3C-1: REQUIRED STALL WIDTH AND LENGTH BY PARKING ANGLE PARKING ANGLE STALL WIbTH STALL DEPTH* aNE WAY DRl11E ": "AISLES* V (parallel) 9'-0" 23'-0" 12'-0" 45° 10'-0" 15-0" 13'-0" 600 9'-0" 18-0" 174„ 900 9'4" 19'-0" 25'-0" *Stalls designed for cornpact ve�ilcles may be reduced In depth by two feet (2') "A11 two wa "dnVeiaislesslialC6e aminimum of wbri five feet: 25'. in:width; B. Improvements. I- Except as otherwise provided in this Section, all off-street parking areas and driveways into and through a parking area shall be improved with a compacted gravel base, not less than four inches (4") thick, surfaced with dustless material, including but not limited to, asphalt, concrete, pavers, bricks, or recycled asphalt. This standard shall not apply to temporary uses. Chapter 3 Article 0. OFF-STREET PARKING AND LOADING REQUIREMENTS 6/2/05 2. All parking and loading areas shall provide proper drainage of surface water to prevent the drainage of such water onto adjacent properties or walkways. 3. Except as otherwise provided in this Section, all off-street parking areas shall be provided with a substantial wheel restraint to prevent cars from encroaching upon abutting private and public property or overhanging beyond the designated parking stall dimensions. This standard shall not apply to temporary uses. 4. When a bumper overhangs onto a sidewalk or landscape area, the parking stall dimensions may be reduced two feet (2') in length if two feet (2') is added to the width of the sidewalk or landscaped area planted in ground cover. 5. Parking spaces and access lanes shall be marked, including handicapped symbols and signs. 6. All lighting provided to illuminate a parking area shall comply with the lighting standards provided in Article A. STANDARD REGULATIONS IN ALL DISTRICTS of this Chapter. 7. All landscaping improvements shall comply with Article B. LANDSCAPING REQUIREMENTS of this Chapter. C. Bicycle parking facilities shall meet the following location and design standards: 1. Bicycle parking facilities shall be located as close as possible to the building entrance(s). 2. Bicycle parking facilities shall not obstruct pedestrian walkways, public sidewalks, or building entrances. 3. It is the responsibility of the applicant to ensure that the bicycle parking facilities meet all American with Disabilities Act (ADA) requirements. 4. Bicycle parking facilities shall support the bicycle and allow the owner to lock the frame and front wheel with one lock. D. The Director may approve, or recommend approval of, an alternative off- street parking and loading plan, through the Alternative Compliance process when the overall design, as proposed by the applicant, meets or exceeds the intent and the requirements of this Article and shall not be detrimental to the public health, safety, and welfare. Mitigating circumstances might include, but not be limited to access to, an adequate public transit system and/or an unusually low parking demand. 11-3C-6: REQUIRED NUMBER OF OFF-STREET PARKING SPACES: 4 Chapter 3 Article C. OFF-STREET PARKING AND LOADING REQUIREMENTS 612105 A. The minimum number of required off-street vehicle parking spaces for residential uses shall be in accord with Table 11-3C-2. TABLE 11-3C-2: REQUIRED PARKING SPACES FOR RESIDENTIAL USE USE ;.REQUIRED PARKING, SPACES*'.," Dwelling, multifamily I bedroom 2 per dwelling unit, 1 in enclosed garage more than tbedroom 2 per dwelling unit in an enclosed garage age -restricted elderly housing ,5 erdwellin unit Dwellin , seconds 1 er dwelling unit Dwelling , single-family attached 1 bedroom 2 per dwelling unit, 1 in enclosed garage more than t bedroom 2 per dwelling unit in an enclosed garage Dwelling, single-family detached 2 er dwelling unit in an enclosed Darage Dwelling, townhouse 1 bedroom 2 per dwelling unit, 1 in enclosed garage more than lbedroom 2 erdwellin unit in an enclosed garage Dwelling, two-family duplex 1 bedroom 2 per dwelling unit, 1 in enclosed garage more than 1 bedroom 1 2 per dwelling unit in an enclosed ara e *The size of the garage required; for dwelling units shall be measured.tiy exterior dimensions and'shall J& at least ten by.twenty" feet (10' X 20') fora one space garage and twenty by;twenty feet fora;two.s ace:` arae.:.: B. There shall be no specified standard for required off-street vehicle parking spaces for nonresidential uses. In circumstances where there would appear to be a public safety issue, the Director may request additional information from the applicant to determine if there is sufficient parking. When in the determination of the Director there is insufficient parking, the applicant shall provide alternatives to on-site parking as set forth in Section 11-3C-7 of this Title. The determination by the Director shall be based on the following criteria: 1. The specific use(s) proposed and/or on the property; 2. Uses in the vicinity of the property; 3. A traffic study, if prepared, forecasting the expected traffic and parking needs expected from the use(s); 4. The availability of on -street, shared, and/or public parking within the vicinity of the use; and/or 5. The availability of public transit, van pooling or other alternative transportation to serve the use. 5 Chapter 3 Article C. OFF-STREET PARKING AND LOADING REQUIREMENTS 612105 C. Upon any change of use, the number of vehicle parking spaces to be provided shall be calculated according to the requirements of this Article for the new use. D. It is the responsibility of the applicant to ensure that the size and number of handicap accessible spaces meets all American with Disabilities Act (ADA) requirements. E. The required vehicle parking spaces shall be provided and continuously maintained. F. No required parking area or space provided, as required by this Article, shall later be eliminated, reduced, or converted in any manner unless other equivalent facilities approved by the Director are provided. G. One (1) bicycle parking space shall be provided for every twenty-five (25) vehicle parking spaces, except for single family residences, two-family duplex, and townhouses. 11-3C-7: STANDARDS FOR ALTERNATIVES TO ON-SITE PARKING: Alternatives to providing on-site parking as set forth in this Section are encouraged in all developments. When required to meet minimum parking standards of Section 11 -3C -6f3, alternatives shall include but not limited to, shared -use facilities, access to transit and availability of other forms of transportation such as carpool and van pools. A. Conditions favorable to providing alternatives to on-site parking are as follows: 1. Shared use: a. There are convenient pedestrian connections between separate properties; b. The properties and/or uses are within 1,000 feet of each other; c. The principal operating hours of the uses are not in substantial conflict with one another; and d. Directional signs provide notice of the availability of parking. 2. Alternative transportation: a. There is a transit stop within'/, mile of the use; or b. There is an incentive program for carpooling, van pooling, or transit supported by the employer. 6 Chapter 3 Article C. OFF-STREET PARKING AND LOADING REQUIREMENTS 612105 B. Where alternative modes of transportation are available, on-site parking may be reduced by an equivalent amount to the demand that is met by the alternative transportation mode, as documented in a transportation plan prepared by a registered engineer. C. Agreement: 1. All parties involved with the shared -use parking area shall submit a written agreement to the Director, signed by the applicable parties involved. The agreement shall specify the following: a. Party or parties responsible for construction; and b. Party or parties responsible for maintenance. 2. The applicant or owner shall record such agreement with the Ada County Recorder prior to issuance of any permits. 3. The shared -use parking agreement may be terminated by the parties only if off-street parking is provided in conformance with this Article and approved by the Director prior to the termination. 11-3C-8: OFF-STREET LOADING SPACE REQUIREMENTS: A. Off-street loading spaces for commercial and industrial uses shall be provided in accord with Table 8-4G-3. TABLE 8-4G-3: REQUIRED LOADING SPACES BY GROSS FLOOR AREA GROSS FLOOR'ARENIN;SQUARE FEET:' REQUIRED:TYPE AND: NUMBER OF SPACES:.:: 0 to 36,000 1 Tvpe B 36,001 to 100,000 1 T e A and 1 Type 8 Each additional 75,000 or fraction thereof 1 additional Type A B. Type A spaces shall be not less than 12 feet in width and 35 feet in length. Type B spaces shall be not less than 15 feet in width and 65 feet in length. All spaces shall have 14 feet of vertical clearance. C. Parking and loading areas shall be designed so vehicles shall not back out into the street. D. No off-street loading space shall be located closer than fifty feet (50') to an abutting rural or residential district unless wholly enclosed within a sound attenuating structure, such as masonry block. No off-street loading space shall face an abutting residential district. 7 Chapter 3 Article C. OFF-STREET PARKING AND LOADING REQUIREMENTS 61205 E. Any off-street loading space located within fifty feet (50') feet of a residential district shall not operate between the hours of 10:00 p.m. and 7:00 a.m. Chapter 3 Article C. OFF-STREET PARKING AND LOADING REQUIREMENTS 612105 CHAPTER 3 REGULATIONS APPLYING TO ALL DISTRICTS ARTICLE D. SIGN REQUIREMENTS ARTICLE D. SECTIONS: 11-3D-1: PURPOSE 11-3D-2: APPLICABILITY 11-3D-3: PROHIBITED SIGNS 11-3D-4: PROCESS 11-3D-5: GENERALSTANDARDS 11-3D-6: STANDARDS FOR TEMPORARY SIGNS 11-3D-7: STANDARDS FOR PERMANENT SIGNS ALLOWED WITHOUT A PERMIT 11-3D-8: STANDARDS FOR PERMANENT SIGNS ALLOWED WITH A PERMIT 11-3D-9: PLANNED SIGN PROGRAM 11-3D-10 STANDARDS BY ZONING DISTRICT: 11-3D-1: PURPOSE: The regulations of this Article are intended to: A. Require architectural and aesthetic harmony for signs as they relate to building design and surrounding landscaping. B. Regulate sign size, height, and quality of signs, which will allow for good visibility for the public and the needs of business while providing for the health and safety of the public by minimizing distractions to motorists and pedestrians. C. Regulate signs that will be compatible with the building, site conditions and land uses the signs are intended to identify. D. Require the maintenance of existing signs and provide for a program of bringing nonconforming signs into conformance with the standards of this Article as changes are made to the sign or business. E. Set forth procedures that will facilitate the efficient processing of sign applications. F. Establish design criteria that will promote attractive and effective signs for Meridian residents, businesses, employees and visitors. 1 Chapter 3 Article D. SIGN REQUIREMENTS z w w c� w 612105 11-3D-2: APPLICABILITY: A. Except as otherwise provided in this Chapter, it shall be unlawful for any person to erect, construct, enlarge, move or convert any sign in the City, or cause the same to be done, without first obtaining a sign permit through the Planning and the Building departments. A permit shall not be required for a change of copy on any sign, nor for the repainting, cleaning or other normal maintenance or repair of a sign or sign structure for which a permit has previously been issued in accord with this Code, provided that the sign or sign structure is not altered in any way. See Figure 9 (previous page) for an illustration of common sign types. B. Super Graphics: Super graphics, as defined in Chapter 1, Article A definitions of this Title are not regulated by this Code. C. Classification and Status of Existing Signs: Signs in existence prior to February 6, 2001, will fall under one of the three (3) following classifications and be subject to procedures and actions as described: 1. Conforming: A sign that conforms to the requirements of this Article. These signs may remain and continue to be governed according to this Article. 2. Nonconforming: a. Any sign that does not conform to the requirements of this Article, but which was legally erected in either of the following circumstances: i. a valid permit was issued for the sign prior to the adoption of this Code; or H. the sign required no permit but was a legal sign prior to the adoption of this Code. b. No temporary sign, prohibited sign, or sign for an illegal use shall be eligible for "nonconforming" status. c. A nonconforming sign shall lose its nonconforming status if: i. There is a change of background area constituting fifty percent (50%) or more of the total existing sign background area; ii. The sign is moved to a position that violates this Article; or iii. The sign cabinet or supporting structure is replaced; or 1 Chapter 3 Article D. SIGN REQUIREMENTS 612105 iv. A new or additional sign, including reader boards, is provided for the business using the nonconforming sign; or v. There is a change in the use of the property on which the sign is located; or vi. There are alterations or enlargements to the site or building on the property in excess of twenty-five percent (25%) or more of the existing site or building. The amount of alterations shall be cumulative over time; or vii. The legal nonconforming sign has been damaged to the extent of more than fifty percent (50%) of its reproduction value. viii. The sign is abandoned; see Section 11-3D-5 of this Article. d. Upon occurrence of any of the above events, a nonconforming sign shall lose its legal status. Thereafter, the sign owner shall remove the sign within sixty (60) days, unless he/she is able to bring it into compliance with this Code. 3. Illegal: Any sign that does not conform to the requirements of this Article and for which a permit was never legally issued and that cannot meet the requirements of a legal nonconforming sign. Illegal signs will be enforced under the provisions of Sections 11-3D-10 and 11-3D-11 of this Article. D. Public hearing notice signs as required by Section 11 -5A -5D of this Title shall be exempt from the provisions of this Article. 11-3D-3: PROHIBITED SIGNS: The following types of signs are prohibited in all districts: A. Private signs within public right-of-way or upon city -owned property. (This does not prohibit the Transportation Authority or City from placing signs on the property.) B. Pennants, strings of lights, ribbons, streamers, spinners, twirlers or propellers, balloons, bubble machines and similar devices of a carnival nature. C. Signs which because of color, wording, design, size, movement, location or illumination resemble or conflict with any traffic -control device or with the safe and efficient flow of traffic. D. Signs that emit any sound, odor or visible matter. E. Abandoned nonconforming Signs. (See Section 11 -3D -5.A) 2 Chapter 3 Article D. SIGN REQUIREMENTS 6/2105 F. Roof signs. G. The parking of any idle vehicle or trailer on any property for more than 72 hours, any part of which is located within 35 feet of a public right-of-way, and which has affixed to it a sign which is intended to attract or direct customers to a business which is on or near the property. This prohibition is not intended to apply to a fleet vehicle(s) which leaves the premises during the hours of the business operation. H. Strobe, revolving or flashing lights. I. Reader boards in all residential districts, except as approved through the Conditional Use Permit process for nonresidential uses. J. Off -premise signs, except as permitted in Sections 11 -3D -6A6, 11 -3D -8D, and 11 -3D -8H. K. Signs for illegal uses. 11-3D-4: PROCESS: A. Application for sign permit: 1. An application and fees, in accord with Chapter 5 ADMINISTRATION of this Title, shall be submitted to the Director on forms provided by the Planning Department. 2. The application shall contain such information as may be required by the Building Code in accord with Title 7 of the Meridian City Municipal Code and all appropriate regulations of the C ity. 3. Fees for sign permit applications shall be paid to the Building Department at the time of sign permit issuance. Fees for temporary signs requiring permits shall be paid to the Planning Department. 3. Effect of issuance: No permit for a sign issued hereunder shall be deemed to constitute permission or authorization to maintain an unlawful sign nor shall any permit issued hereunder constitute a defense in an action to abate an unlawful sign. Inspection markings: 1. All permanent signs regulated by this Article shall be marked with the sign permit number. This marking shall be permanently placed on the exterior face of the sign or the support structure in a location where the information will be readily visible, legible, and accessible for inspection after installation and erection. 3 Chapter 3 Article D. SIGN REQUIREMENTS 612105 2. All temporary signs regulated by this Article shall attach the permit issued by the Planning Department to the temporary sign in a visible manner and accessible for inspection. D. Inspection. The Director and/or Building Inspector are hereby empowered to enter or inspect, upon notification of the property owner or manager, any building, structure or premises in the City on which or in connection with which a sign is located, for the purpose of inspection of the sign, its structural and electrical connections, and to ensure compliance with the provisions of this Code. Such inspections shall be carried out during business hours, unless an emergency exists. E. Maintenance. The Director shall have the authority to order the repair or structural alteration for safety of signs that present a hazard to the public. F. Signs declared hazardous: Upon finding that any sign endangers public safety by reason of inadequate maintenance, dilapidation or abandonment, the Director may declare the sign hazardous. The Director shall send the owner written notice that the sign has been declared hazardous, specifying the reasons why the sign endangers public safety, and order that the sign be repaired or removed by the owner within thirty (30) days. If a sign determined to be hazardous presents an immediate and serious danger to the public, it may be immediately removed by the City without prior notice and the removal costs charged to the owner. G. Time limitations: Every sign permit issued by the City shall become null and void if erection or construction on-site is not commenced within one (1) year from the date the permit was issued. If work authorized by such permit is suspended or abandoned for one year any time after the work is commenced, a new permit shall be obtained 11-3D-5: GENERAL STANDARDS: The following requirements shall apply to signs in all districts: A. Abandoned nonconforming signs: Except as otherwise provided in this Code, any sign located on property that pertains to a time, event, business, or purpose which no longer applies to that property and has been continuously vacant for a period exceeding six (6) months shall be deemed as abandoned. A nonconforming abandoned sign is prohibited and shall be immediately removed upon notice by the City or brought into full compliance by the owner of the sign or owner of the property. B. Abandoned conforming signs: Except as otherwise provided in this Code, any sign located on property that pertains to a time, event, business, or purpose which no longer applies to that property and has been continuously vacant for a period exceeding six (6) months shall be deemed as abandoned. Conforming abandoned sign structures may remain. However, the business name panels shall be removed immediately. Such signs shall be maintained in an aesthetically pleasing manner according to the standards in Paragraph C of this section. Chapter 3 Article D. SIGN REQUIREMENTS f 6/2/05 C. Sign Maintenance and Repair: 1. All signs shall be continually maintained in a state of good appearance, security, safety and repair throughout their life. Nothing in this code shall relieve the owner or user of any sign or owner of property on which a sign is located from maintaining the sign in a safe condition and in a state of good repair. 2. Maintenance requirements include, but are not limited to, the following situations: a. Any metal pole covers and sign cabinets shall be kept free of rust and rust stains; b. Any internally illuminated sign cabinets or sign panels that have been damaged shall remain unilluminated until repaired; c. All abandoned signs shall either install blank opaque panels or reverse the existing panels to avoid exposing any internal illumination; d. Any signage that has been damaged to such extent that they may pose a hazard to passersby shall be repaired or removed immediately. D. Blanketing of signs: No freestanding permanent sign shall be erected in the same horizontal plane with other signs unless spaced at least twenty-five feet (25') apart. E. Signs adjacent to residential districts: 1. Any freestanding sign located on a commercial or industrial property that is adjacent to a residential district and shares the same street frontage shall be set back to meet the front setback requirements of the adjoining residential district. 2. No sign background or area facing the side or rear property line of an abutting residential district shall be located within fifty feet (50') of such side or rear property line. 3. Animated signs and/or signs using direct lighting shall be prohibited within one hundred feet (100') of any residential district. Distance shall refer to the linear measurement in either direction on the street to which the sign faces only. 4. No sign shall be designed or located such that more than one-half (%Z) foot-candle of light fall occurs at ground level at the property line of a residential district. F. Clear vision triangles: Signs shall not be permitted in the clear vision triangle 5 Chapter 3 Article D. SIGN REQUIREMENTS 612105 asset forth in Section 11-3A-5 clear vision triangle of this Title. G. Street -ground elevation differences: If a street elevation to which the sign is oriented is more than the grade elevation at the base of the sign structure, then the street elevation shall be used in determining the permitted height of signs erected upon the ground. This provision shall apply only to freestanding signs. H. Utility power lines: 1. Signs shall be located in such a way that they maintain horizontal and vertical clearance of all overhead electrical conductors in accord with National Electric Safety Code specifications, as reviewed and determined by the local power company. 2. Applicants are required to contact the local electric company before erecting a sign nearer than twenty-five feet (25') of electric power lines. 3. No sign shall be placed within a power line easement without approval of the holder of such easement. I. Design: 1. Sign supports: The intent of this Section is to prohibit bare pylons and/or mono poles, except in the 1-84 Overlay and Freeway Interchange Overlay for signs over thirty-five feet (35') in height. All other pole support structures shall be constructed with pole covers that meet the following standards: a. Covering shall be designed to fully enclose the pole(s). b. Paint or wraps shall not be permitted types of covering. Vinyl or similar materials that complement the sign background area may be allowed on sign supports for sign ten feet (10') or less in height when such covering meets or exceeds the intent of this Section, as determined by the Director. c. Special decorative elements such as sculptured metal, wrought iron or other aesthetically pleasing materials that are incorporated into the support structure design and do not fully enclose the structure may be allowed, as determined by the Director when they meet or exceed the intent of this Section. 2. Signs shall incorporate design and building materials that complement the architectural theme of the building for which the sign identifies. For permanent signs, architectural appurtenances or other decorative elements that do not contain copy are allowed up to a maximum of fifteen percent (15%) of the district's allowable sign height. Chapter 3 Article D. SIGN REQUIREMENTS 612105 J. Landscape base requirement: All freestanding signs shall be set entirely within a landscaped area having at least the same square footage as the background area of the sign. K. Street address: 1. All freestanding signs, except as otherwise approved for residential subdivisions, shall include the street address(es) of the subject property. 2. The placement of the street address on the sign shall be in addition to any address required to be placed on the building, unless otherwise authorized by the Meridian Fire Department. 3. Numbering shall be a minimum of three and one-half inches (3.5") tall and be of a contrasting color. 4. Street addresses shall not be included in the calculation for sign background area, except for those portions that exceed five (5) square feet. 5. On multitenant signs, addresses shall be included with the planned sign program application. 6. Signs that identify multiple buildings and/or addresses may provide a range of addresses. 11-3D-6: STANDARDS FOR TEMPORARY SIGNS: A. General standards for all temporary signs: 1. Where applicable, temporary signs shall be removed upon expiration of the allowed or permitted display period. 2. All temporary signs shall be securely fastened to the ground or to a permanent structure, or the temporary sign shall be mounted upon a permitted device. Signs shall be erected in a manner that does not create a potential hazard of any kind. The attachment line and balloon (or other sign) shall not exceed eighty percent (80%) of the horizontal distance to the nearest overhead power line. For example, an inflatable sign with a forty -foot (40') lead must be at least fifty feet (50'), (40' x 80%) from any power line, measured in a horizontal distance. 3. No temporary sign shall be internally or externally illuminated. 4. No temporary sign shall be located within a public right-of-way, except as permitted under Section 11-3D-6.0 and where the applicant has written approval from the Transportation Authority. 7 Chapter 3 Article D. SIGN REQUIREMENTS 612105 5. All temporary signs shall be weatherproofed and kept in a state of good appearance, safety, and repair. Any damaged or potentially hazardous sign shall be repaired or removed immediately. 6. The following additional standards shall apply to temporary signs that require a permit as set forth in the Section 11 -3D -6C of this Article. a. A temporary sign permit may be obtained through the Planning Department for thirty (30), sixty (60), or ninety (90) day time periods. i. In no instance shall a temporary sign requiring a permit be displayed for more than ninety (90) days per year per business. ii. A permit must be obtained for every new temporary sign to be displayed. iii. If a permitted sign is removed for any portion of the permitted time period, the time shall be forfeited and shall not accrue or be added to the allowable display period for a temporary sign. For example, if a business owner obtains a permit for ninety (90) days for a banner sign, that would be the only temporary sign allowed that year. Even if that business owner were to remove the banner sign after thirty (30) days, that business would not be eligible for an additional sixty (60) days of display time for a temporary sign. b. The temporary sign permit shall be attached to the approved sign so that it is visible from the nearest public right-of-way. c. All signs to be placed on private property shall obtain the written consent of the property owner and file that consent with the Planning Department prior to issuance of a permit. B. Temporary Signs Not Requiring a Permit: The temporary signs listed below do not require a permit, provided that the construction, placement and use of the temporary signs are in conformance with all applicable standards of this Article. 1. Construction signs shall be allowed, provided that such signs are erected no more than thirty (30) days prior to the beginning of construction for which a valid building permit has been issued, are confined to the site of construction, and are removed five (5) days after completion of construction and prior to occupancy. Construction sign shall be a maximum of thirty-two (32) square -feet in area, unless legally required by a governmental contract to be larger. (See Tables 11-3D-1 through 11-3D-9 for other standards related to constriction signs.) 2. Holiday decoration signs are allowed, provided that such signs are erected no more than thirty (30) days prior to the official holiday and are removed Chapter 3 Article D. SIGN REQUIREMENTS 612105 five (5) days after said holiday. Such decorations shall comply with the standards in Section 11 -3D -6.A. 3. Temporary sign in residential districts are allowed, provided that such signs are no more than six (6) square feet in area and no more than one (1) temporary sign is displayed per property. If the sign pertains to an event, the sign shall be removed within five (5) days after said event. Events shall include, but not be limited to an election, home sale, garage sale, seasonal event, birth announcement and similar events associated with a residential district. 4. Temporary window signs are allowed in nonresidential districts, provided that the temporary signs shall not exceed twenty five percent (25%) of the window area, and the combined total copy are of temporary and permanent window signs shall not exceed twenty five percent (25%) of the total window area per building elevation. 5. Handheld signs are allowed. C. Temporary signs requiring a permit: The following signs may be allowed upon issuance of a permit from the Planning Department. 1. Street Banners stretched over public property that pertain to civic affairs and that meet the following standards: a. The Director shall determine that the banner pertains to a civic affair. b. No banner shall be allowed over public property for a longer period than fourteen (14) days. c. A substantial rope at least one inch (1") in diameter shall be used as the main support for banners and two and one-half inches (21/2") ropes shall be used for securing each lower corner. The banner shall have sufficient wind holes. Wire cable, metallic rope or other material capable of conducting electricity shall not be used to secure the banner. 2. Searchlights that meet the following standards: a. The searchlight is used by a business once annually for a maximum period of seven (7) consecutive days, or for purposes of the grand opening of a new business or a business under new management for a maximum period of seven (7) consecutive days. b. In no case shall the beam of the searchlight flash against any building or sweep an arc greater than forty-five (45) degrees from vertical. 3. Balloons and other inflated devices and other temporary signs that exceed the freestanding sign height allowances for the district, provided that such balloons, devices and signs meet the following standards: Chapter 3 Article D. SIGN REQUIREMENTS 612105 a. No more than one (1) such sign or device is allowed per business per year. b. The sign or device is securely fastened to a permanent structure or device. c. No mylar, electricity or other power -conducting material is used in the construction of the sign or device. d. The sign or device is no greater than one and one-half (1%2) times the maximum building height within the district. 4. Temporary sign in nonresidential districts that meet the following standards: a. A maximum of one (1) such sign shall be displayed per business at any one time and a maximum of three (3) such signs per property. b. The background area for temporary banner signs shall not exceed five percent (5%) of the wall area on which the banner is fastened or three percent (3%) if the same wall has a permanent wall sign. c. The background area for all other temporary signs shall not exceed sixteen (16) square feet. d. The sign(s) shall not be attached to the support structure of a freestanding sign, and shall comply with the permanent sign setback requirements. 11-3D-7: STANDARDS FOR PERMANENT SIGNS ALLOWED WITHOUT A PERMIT: A. Directional or public service information signs. Directional signs shall be no greater than four (4) square feet in area and no more than four feet (4') in height. If business identification is used, then it shall be secondary in all aspects to the primary use of these signs for directional purposes as defined. B. Conventional flags, emblems or insignia of any national or political subdivision or corporation. C. Governmental signs for the control of traffic or other regulatory purposes, or signs of public service companies indicating danger, that are erected by or on the order of a public officer in the performance of public duty. D. House numbers and name plates. E. Signs located within the interior of any building or structure that are not 10 Chapter 3 Article D. SIGN REQUIREMENTS 612105 visible from the public right-of-way. F. "No Trespassing" or "No Dumping" signs that do not exceed one -one-half (1%) square feet in area per sign and that do not exceed one (1) per one - hundred feet (100') of the perimeter of the property. Special permission may be obtained from the Director for additional signs where hazardous or public nuisance conditions exist. G. Memorial signs or tablets, names or buildings and date of erection that are cut into masonry surface or inlaid so as to be part of the building. H. Occupant wall signs not to exceed one (1) for each dwelling unit indicating the name of the occupant, or the location or identification of a home or professional office except as limited by the district encompassing the use. I. Plaques or nameplate signs of not more than two and one-half (2 %) square feet in area that are fastened directly to a building. J. Public signs required or specifically authorized for a public purpose by any law, statute or ordinance, that may be of any type, number, area, height above grade, location, illumination or animation as required by the law, statute or ordinance under which the signs are erected. K. Historical signs or markers. L. Permanent window signs (where such signs are allowed), provided that permanent signs shall not exceed twenty-five percent (25%) of the window area, and the combined total copy area of temporary and permanent window signs shall not exceed fifty percent (50%) of the total window area. M. Signs in the display windows of a business that are incorporated in a display of merchandise and not attached to the wi ndow glass. N. Religious symbols, commemorative plaques of recognized historical agencies, or identification emblems of religious orders or historical agencies, provided that no such symbol plaque or identification emblem shall exceed four (4) square feet in area, and provided further that all such symbols, plaques and identification emblems shall be placed flat against a building. 11 Chapter 3 Article D. SIGN REQUIREMENTS 612105 O. Signs warning the public of the existence of danger, of a size as may be necessary to be removed upon subsidence of danger. Such signs shall not contain advertising material. P. Any sign that is oriented only to the property on which it is located and is not visible from the public right-of-way. 11-3D-8: STANDARDS FOR PERMANENT SIGNS ALLOWED WITH A PERMIT: The following regulations apply in correlation with the sign types listed in Tables 11-3D-1 through 11-3D-9 in this Section. A. Rent, lease and sale Signs: the regulations in Sections 11 -3D -6.A.6 and 11- 3D -6.A.10 shall also apply. B. Construction signs: the regulations in Section 11 -3D -6.A.2 shall also apply. C. Freestanding signs (Single Building): In addition to the provisions of Tables 11-3D-1 through 11-3D-9, the following standards shall apply to all freestanding signs not pari of a planned sign program: 1. Number allowed: No building occupied by a single tenant may be signed with more than one (1) freestanding sign unless the sign is sited on a second public street frontage of the lot, or approved as a directional sign. For single tenants on property in excess of ten (10) acres or more, the Director may approve additional freestanding signs not exceeding four (4) feet in height through the alternative compliance procedure in accord with Chapter 5 ADMINISTRATION of this Title. 2. Maximum height and background area: The sign height and background area shall be as provided in Tables 11-3D-1 through 11-3D-9. 3. Setbacks and location: In all districts, no part of the sign, including the footing, shall be located closer than five feet (5') from the side and rear property lines, unless greater separation is required. In commercial and industrial districts, no part of the sign, including the footing, shall be located closer than one foot (1') from the front property line. In residential and office districts, the setback shall be a minimum of five feet (5) from the front property line. (See Sections 11 -3D -5E and 11 -3D -5F for other setback requirements.) 4. Illumination: Signs may utilize direct, indirect or internal lighting, except that the use of direct lighting in or adjacent to residential districts is prohibited. D. Wall signs: In addition to the provisions of Tables 11-3D-1 through 11-3D-9, the following standards shall apply to all wall signs: 1. Area: For wall signs oriented to a public street, the sign shall not exceed eighteen percent (18%) of wall area (up to a maximum of seventy-five (75) 12 Chapter 3 Article D. SIGN REQUIREMENTS 612105 square feet in office districts). For wall signs not oriented to a public street, the sign shall not exceed nine percent (9%) of wall area. "Wall Area" shall mean the wall surface of a single -tenant structure or the storefront of a multitenant structure. When a combination of wall and freestanding signs are used on a single site, the total area for wall signs oriented to a public street shall be reduced by fifty percent (50%). 2. Height: No wall sign shall exceed the height of the wall face. 3. Number allowed: Each business with exterior frontage in office, commercial or industrial districts or as otherwise approved as part of a Planned Development shall be permitted wall signs. The combined area of all signs on a single wall shall not exceed the allowable percentage. 4. Lighting: Direct illumination signs are prohibited. 5. Animation, flashing lights, and revolving signs are prohibited as wall signs. 6. The design of the sign, including color scheme, shall be compatible with the wall face. Illuminated wall signs shall be designed in accord with Sections 11-3D and 3E. No illuminated wall sign shall be visible from any adjacent residential structure. E. Projecting Signs: 1. Location: Projecting signs are prohibited in all districts except O -T and TN - C or as approved under a planned sign program. 2. Maximum background area: The maximum background area shall be five percent (5%) of building face facing a local street within the Old Town District, up to a maximum of fifteen (15) square feet; fifteen percent (15%) in other districts where such signs are allowed. When both projecting and wall signs are utilized, the allowable area for each sign type is to be reduced by fifty percent (50%). 3. Projection above building height: No projecting sign shall ever project above the building roof I ine. 4. Vertical clearance: The minimum clearance over public rights-of-way or private walkways shall be eight feet (8'). 5. Lighting: projecting signs shall have either direct or indirect lighting sources. 6. Number allowed: Where permitted, no more than one (1) projecting sign per business shall be allowed. 13 Chapter 3 Article D. SIGN REQUIREMENTS 612105 7. Projection from wall: Projecting signs shall have a maximum projection of ten feet (10) or to within two feet (2') of the face of the curb, whichever is less. F. General interest directional signs: Except as otherwise provided, sign regulations governing erection of non -accessory directional signs at street intersections and other appropriate locations by City of Meridian for direction to places of general interest such as colleges, auditoriums, fairgrounds, hospitals, airports, parks, playgrounds, and other places are to be treated as public service information signs and regulated as such. G. Billboards: 1. Existing billboards may be allowed to relocate with a Conditional Use Permit if the new site is approved based on the findings and criteria set forth in Paragraphs 2 and 3 of this Section. 2. Existing off -premise signs of the billboard category may be replaced structure for structure. 3. The Planning and Zoning Commission and City Council shall make all of the following findings in permitting a billboard relocation: a. That the location and placement of the sign will not endanger motorists or pedestrians and does not interfere with the clear vision triangle at street, railroad, or street -driveway intersections. b. That the sign will not cover or blanket any prominent view of a structure or fagade of historical or architectural significance. c. That the sign will not obstruct views of users of adjacent buildings to side yards, yards, or to nearby open space. This requirement does not include views of distant vistas. d. That the sign will not negatively impact the visual quality of a public open space such as a recreation facility, square, plaza, courtyard and the like. e. That the height of the sign is compatible with the heights of buildings in the immediate area of three hundred feet (300') radius from sign. Where the view of the sign is obstructed by a building or buildings on the same or adjacent properties, or where the view to the business or businesses located on the same or adjacent properties would be obstructed by the placement of the sign, the height of the sign may not exceed the height of the building on the same or adjacent property by more than twelve feet (12'). For safety reasons the minimum clearance of a sign shall never be less than eight feet (8'). Height of signs located in undeveloped areas; an area where no buildings are within three hundred feet (300') shall not exceed twenty-two feet (22') above grade. 14 Chapter 3 Article D. SIGN REQUIREMENTS 612105 f. That the sign's lighting will not cause hazardous or unsafe driving conditions for motorists and will not glare, reflect, or spill onto adjacent business or residential area. H. Reader boards: 1. Automatic a. Animation and/or automatic reader boards are prohibited on all signs in Residential, L -O, C -N, C -C, O -T, TN -C, and TN -R districts. b. In C -G, I -L and I -H districts, animation is allowed for a maximum of thirty percent (30%) of the sign background area. c. Public middle school and high schools shall be allowed one (1) on - premise animated sign where the animation is a maximum of thirty percent (30%) of the sign background area, regardless of the zone in which the school is located. The Director may approve an alternative off - premise location where it provides better information to the community. In no case shall more than one (1) animated sign be allowed. d. Direct light sources shall not exceed forty (40) watts or sixty (60) milliamps. No part of the sign structure shall physically move. No part of the sign shall flash or strobe. Flashing and/or animated signs are prohibited within one hundred feet (100') of any residential district. e. All animated signs that are visible from a public street shall be programmed as follows: i. Text messages that are longer than the display area and do not contain any graphics shall scroll in a consistent and predictable manner. ii. In all other displays, including but not limited to graphics, letters and/or numbers, each display shall remain unchanged for a minimum of five (5) seconds, including unchanged color and brightness. 2. Manual reader boards are allowed for a maximum of fifty percent (50%) of the sign background area. I. Subdivision Identification Signs: In addition to the provisions of Tables 11- 3D-1 through 11-3D-9, the following standards shall apply to all subdivision identification signs: 1. Within the R2, R4, R8, and TN -R Districts: 15 Chapter 3 Article D. SIGN REQUIREMENTS 612105 a. Two (2) subdivision identification signs are allowed per entrance only if the subdivision entrances are a minimum of 1,320 feet apart and signs are on different sides of the entrance. b. If the subdivision entrances are less than 1,320 feet apart, as measured from centerline to centerline, then only one (1) subdivision identification sign is allowed per entrance. c. Subdivision identification signs located within medians shall be a minimum of 20 feet back from the right-of-way line of the perpendicular street. 2. Where a center sign is on the same street frontage as the subdivision identification sign, the background area of the existing center sign shall be subtracted from the allowable background area for the subdivision identification sign. 3. Subdivision identification signs shall only identify the subdivision or development name. Such signs shall not identify any businesses, tenant, or developer names. 11-3D-9: PLANNED SIGN PROGRAM: In addition to the provisions of Tables 11-3D-1 through 11-3D-9, the following standards shall apply to all signs within a planned sign program: A. Purpose: The purpose of a planned sign program is to establish consistent sign criteria tailored to multibuilding and/or multitenant developments. The intent is to provide for flexible sign criteria that promotes superior design through architectural integration of the site, buildings and signs. If approved, a planned sign program may allow for increases to the background area, height, and other standards for wall signs. B. Applicability: 1. All developments in commercial, office or industrial districts comprising more than one (1) principal building on a property shall apply for a planned sign program. 2. All developments in commercial, office or industrial districts with more than one (1) tenant per building and proposing more than one wall sign per elevation shall apply for a planned sign program. 3. Existing developments that do not have a planned sign program shall be required to apply for a planned sign program when the first tenant in the project requests a change of sign background area as defined in this Article. Thereafter, all subsequent changes of sign face in the project shall be required to conform to the approved planned sign program. 16 Chapter 3 Article D. SIGN REQUIREMENTS 512105 4. Planned sign programs may not be used by individual buildings or developments to increase the size, dimensional, or other standards of the district. C. Process: 1. The planned sign program shall be filed with the Director and shall specify standards for consistency among all signs within the development. 2. The approval of a planned sign program shall be required prior to issuance of a building permit. 3. The installation of any sign may occur only after a planned sign program has been submitted, reviewed and approved by the Director. 4. Thereafter, a sign that conforms to the approved planned sign program may be permitted by the Director. 5. Approval of a planned sign program does not waive the permit requirements for individual signs. In cases of existing sites that have no approved planned sign program, all signs shall be regulated in conformance with all other sections of this Title until such time as a planned sign program is submitted, reviewed and approved. D. Standards: 1. Signs shall incorporate materials, colors and a design motif that is compatible with and complements the architectural theme and style of the building or complex for which the sign identifies. Sign designs shall reflect a common theme and incorporate similar design elements in terms of materials, letter style, illumination, sign type and sign shape. 2. One (1) primary freestanding sign, hereinafter referred to as center sign, shall be allowed per the subject area of the planned sign program unless otherwise restricted by Section 11-3D-81, Subdivision Identification Signs. One additional center sign shall be allowed per one thousand feet (1,000') of street frontage or any portion thereof. The one -thousand feet (1,000') shall be cumulative for corner lots. For example, a corner lot with four hundred feet (400') of frontage on one street and five hundred feet (500') of frontage on a second street shall only be allowed one (1) enter sign because the combined total street frontage is less than one thousand feet (1,000'). a. In addition to the center sign, one (1) secondary freestanding sign for each building within the development is permitted, with size and background area in accord with Tables 11-3D-1 through 11-3D-9, provided that no sign exceeds a height of ten feet (10') and background area of seventy (70) square feet. 17 Chapter 3 Article D. SIGN REQUIREMENTS 612105 b. Where there is a subdivision identification sign on the same street frontage as the center sign, the background area of the subdivision identification sign shall be subtracted from the allowable background area for the center sign. 3. Wall signs are permitted in any number, location, or orientation, except toward an adjoining residential property, provided that the total square footage does not exceed eighteen percent (18%) of the wall face upon which the sign is placed, or nine percent (9%) of the wall if combined with a freestanding sign on the same lot. 4. Sign height and placement shall be consistent throughout the development site. 5. After approval of a planned sign program, no signs shall be constructed except in conformance with such plan. Upon approval, the sign program shall apply to all existing and future tenants. This planned sign program shall be included in the lease for each individual tenant. Proof of said inclusions shall be submitted to the Planning Department by the property owner. 11-3D-10: SIGN STANDARDS BY DISTRICT: A. Signs shall conform to the dimension, location, and other standards specified in Tables 11-3D-1 through 11-3D-9. B. Allowable sign size exchange for corner property in all districts: In all districts, land abutting more than one public street shall be allowed its quota of signs on each street and up to twenty percent (20%) of the permitted sign size quota on any street may be deducted there from and added to the second street frontage. C. 1-84 sign overlay. There shall be an 1-84 Sign Overlay located within an area three hundred feet (300') from and parallel to the right-of-way line of 1-84 on both the north and south sides of the interstate. Freestanding signs and wall signs within the 1-84 sign overlay shall comply with the following standards: 1. Wall signs: See Table 11-3D-7 for specific standards. Only one (1) wall sign oriented to 1-84 shall be allowed per business, or per tenant in a building that is occupied by two or more tenants. However, not more than two (2) freeway -oriented wail signs shall be allowed on any single building or structure. 2. Maximum freestanding sign height: A freestanding sign located within the 1-84 sign overlay shall not exceed forty (40) feet in height. 3. Maximum background area: A freestanding sign located within the 1-84 sign overlay shall be one (1) square foot of sign area per linear foot of 18 Chapter 3 Article D. SIGN REQUIREMENTS 6/2/05 freeway frontage up to a maximum of on -hundred fifty (150) square feet for single building signs and three hundred (300) square feet for center signs. 4. Spacing: The minimum distance between freestanding signs within the I- 84 sign overlay is five hundred feet (500'). 5. Subdivision identification signs oriented to the freeway are permitted within the 1-84 sign overlay, but the sign support shall be designed with a foundation, pedestal or other non -pole design structure and be compatible with the residential subdivision. D. Freeway interchange sign overlay: A Freeway Interchange sign overlay shall be established by this Article. Figures 10 through 12 graphically depict the overlay boundaries. The intent of this overlay is to allow businesses located near an 1-84 interchange the option of increased sign visibility and height. Freestanding signs and wall signs within the Freeway Interchange Sign Overlay shall comply with the following standards: 1. Wall Signs: All wall signs on buildings with 1-84 frontage shall comply with the standards set forth in Section 11 -3D -9.C.1. All other wall signs shall comply with the standards set forth in Section 11 -3D -8E. 2. Maximum Freestanding Sign Height: A freestanding sign located within the Freeway Interchange Sign Overlay shall not exceed forty feet (40') in height. 3. Maximum Background Area: A freestanding sign located within the Freeway Interchange Sign Overlay shall be allowed a sign background area no greater than one hundred twenty (120) square feet for a single building and three hundred (300) square feet for a center sign. 4. Location: All freestanding signs using the increased sign height allowed by the overlay shall be entirely located within the freeway interchange sign overlay boundaries. If only a portion of a property falls within the overlay boundary, the sign shall be located within said portion in compliance with all other setback requirements of this Title. If the sign cannot comply with other setback requirements, the sign shall meet the sign standards for the base district. 5. Spacing: The minimum distance between freestanding signs within the freeway interchange sign overlay is forty (40') feet. Chapter 3 Article D. 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SECTIONS: 11-3E-1: PURPOSE 11-3E-2: APPLICABILITY 11-3E-3: PROCESS 11-3E-4: GENERALSTANDARDS 11-3E-5: STANDARDS FOR FIREWORKS STANDS 11-3E-6: STANDARDS FOR SUBDIVISION MODEL HOME/REAL ESTATE SALES OFFICES 11-3E-7: STANDARDS FOR CONSTRUCTION SITES 11-3E-8: STANDARDS FOR SEASONAL SALE OF AGRICULTURAL AND FOOD PRODUCTS 11-3E-9: STANDARDS FOR ARTS, ENTERTAINMENT OR RECREATION EVENTS 11-3E-10: STANDARDS FOR VENDORS NOT ASSOCIATED WITH AN ARTS, ENTERTAINMENT OR RECREATION EVENT 11-3E-11: STANDARDS FOR PROMOTIONAL ACTIVITIES IN THE NONRESIDENTIAL DISTRICTS INVOLVING THE SALE OF GOODS AND MERCHANDISE WHERE IT IS ACCESSORY TO THE PRINCIPALLY PERMITTED USE. 11-3E-1: PURPOSE: The regulations of this Article are intended to allow for the temporary or seasonal uses that support community events and celebrations, or uses of a limited duration that are accessory to a primary use. 11-3E-2: APPLICABILITY: The regulations of this Article shall apply to all temporary uses in all districts with the exception that special events and seasonal activates that are conducted as part of an education facility shall be deemed accessory uses. 11-3E-3: PROCESS: The applicant shall obtain a Certificate of Zoning Compliance for any temporary use. 11-3E-4: GENERAL STANDARDS: A. Time period: 1. Except as otherwise defined in this section, a temporary use is allowed for a specified period not exceeding twelve (12) months from issuance of Certificate of Zoning Compliance. 2. For seasonal stands or events, the Certificate of Zoning Compliance shall specify a beginning and end date, B. Location: 1 Chapter 3 Article E. TEMPORARY USE REQUIREMENTS 612105 1. Structures and/or the display of merchandise shall comply with the setback requirements of the district within which it is located. 2. Temporary structures and merchandise shall be displayed so as not to interfere with the clear vision triangle. In no case shall items be displayed, or business conducted within the public right-of-way, unless otherwise authorized by the Transportation Authority. C. Structures: 1. A maximum of one (1) structure shall be allowed and may cover a maximum of five hundred (500) square feet. 2. The use shall not result in the construction of any permanent structures that would not otherwise be permitted subject to the regulations of this Title. 3. Any temporary structures shall be portable and completely removed at the end of the allowed time period. 4. The applicant shall obtain any necessary building permits. D. Caretaker unit: 1. One (1) caretaker unit in a trailer or recreational vehicle maybe allowed on the site only for the purposes of security and maintenance of the site. 2. The unit shall be completely removed at the end of the allowed time period. E. Parking and access: 1. Adequate off-street parking shall be provided to serve the use. 2. The use shall not displace the required off-street parking spaces or loading areas of the principal permitted uses on the site. 3. The entrance and exit drives shall be designed to prevent traffic hazards and nuisances. 4. All surfaces used for parking shall be constructed with paving, vegetative cover or of dustless material. F. Signs. All signs erected in association with the use shall be in compliance with the regulations for signs, Chapter 3, Article D sign requirements of the Meridian City Municipal Code. 2 Chapter 3 Article E. TEMPORARY USE REQUIREMENTS 6/2/05 G. Noise: Compressors, fans, pumps, and other motorized equipment shall be located or shielded to reduce noise levels to adjoining properties. H. Site conditions: 1. The site shall be returned to a clean condition after the termination of the use, including free of debris and garbage. 2. Unsold food products, trees, greens, or debris generated by the use shall be properly disposed off the site. I. Unobstructed sidewalk: If a private sidewalk or pedestrian way in front of the building is used for the temporary use, a minimum width of four (4) feet shall remain unobstructed for pedestrian use. J. Conditions: The Director may require additional conditions to mitigate adverse effects on surrounding properties, particularly regarding traffic generated, compressor and pump noise, odor, light and glare, dust, and hours of operation. The conditions may include, but not be limited to, any or all of the following: 1. Standards related to the emission of noise, vibration, and other potentially objectionable impacts. 2. Limits on time of day for the conduct of the specified use, including deliveries and maintenance. 3. Other standards necessary to protect the public health, safety, and welfare and mitigate adverse effects on surrounding property. K. The use shall comply with any guidelines, regulations and permitting process required by any authorizing public agencies, including but not limited to, the Central District Health Department, Transportation Authority, and Meridian City Departments. 11-3E-5: STANDARDS FOR FIREWORKS STANDS: A. The use shall be prohibited in residential districts. B. The applicant or owner shall obtain written approval of the Meridian City Fire Department. C. Dates of fireworks sales shall comply with Idaho Code §39-2606. D. Applicant shall comply with the standards for access as determined by the Transportation Authority. 3 Chapter 3 Article E. TEMPORARY USE REQUIREMENTS 612105 E. Parking areas shall be paved, in vegetative cover, or improved with a dustless material. 11-3E-6: STANDARDS FOR SUBDIVISION MODEL HOMEIREAL ESTATE SALES OFFICES: A. The sales office shall be located on a lot within a subdivision or planned unit developm ent. B. The principal use of the sales office shall be the sale of lots and/or dwellings within the development. C. The sales office shall meet the construction standards for commercial occupancy and obtain all necessary permits as required by the Building Code in accord with Title 7 of the Meridian City Municipal Code. D. When required, the applicant or owner shall obtain a building permit to convert the sales office to a dwelling or shall remove the sales office within 30 days of the sale or rent of the final lot or space. 11-3E-7: STANDARDS FOR CONSTRUCTION SITES: A. New development shall contain construction debris on-site and prevent wind- blown debris from entering neighboring properties. B. Temporary buildings, construction trailers, equipment and materials may be permitted in any district during the period construction work is in progress. Such temporary facilities or equipment shall be removed within 60 days of completion of the construction work. 11-3E-8: STANDARDS FOR SEASONAL SALE OF AGRICULTURAL AND FOOD PRODUCTS: A. The provisions of this title shall apply to holiday tree lot, snow cone shack, pumpkin sale stand, produce stand, and similar uses as determined by the Director. B. The use shall be prohibited in residential districts. C. Such sales are limited to a period of time not to exceed two (2) consecutive months for pumpkin and Christmas tree sales, and four (4) consecutive months per calendar year for other uses. Christmas tree lots shall be removed by the 1 st day of January. D. Applicant shall comply with the standards for access as determined by the Transportation Authority. 4 Chapter 3 Article E. TEMPORARY USE REQUIREMENTS 6/2/05 E. Parking areas shall be paved, in vegetative cover, or improved with a dustless material. 11-3E-9: STANDARDS FOR ARTS, ENTERTAINMENT OR RECREATION EVENT: A. Events, such as festivals, carnivals, circuses, fairs, and amusement rides may be allowed in any nonresidential district for a period not to exceed two (2) weeks within any ni nety- (90) day period. B. The Meridian City Police Department shall approve the location and access for any use in this category. C. Vendors shall obtain a City of Meridian Vendor License. 11-3E-10: STANDARDS FOR VENDORS NOT ASSOCIATED WITH AN ARTS, ENTERTAINMENT OR RECREATION EVENT: A. The applicant shall provide notarized consent of the property owner. B. The use shall be prohibited in Residential Districts. C. Vendor shall obtain City of Meridian Vendor License. D. No caretaker unit shall be allowed. E. Signs shall only be allowed on the vending units and shall not exceed sixteen (16) square feet in area. F. No direct sales to customers in vehicles shall be allowed. The design and placement of the units shall prohibit such sales. (Vendors with drive -up windows must be in a structure and shall be processed as a conditional use in accord with Chapter 5 administration of this Title.) G. The 12 -month approval period shall be evaluated at the time of the annual license renewal. 1. If Planning staff and/or the Code Enforcement Officers have unresolved, compelling complaints regarding the vendor, a new temporary use shall be required. Otherwise the twelve -(12) month approval period shall be extended. 2. As complaints are received, the Director will determine if the complaint represents a compelling health and/or safety issue. Any compelling complaints will be forwarded to the Code Enforcement Officer for resolution in accord with the enforcement provisions of the Meridian City Code Section 6-1-6, 5 Chapter 3 Article E. TEMPORARY USE REQUIREMENTS 612105 11-3E-11: STANDARDS FOR PROMOTIONAL ACTIVITIES IN THE NONRESIDENTIAL DISTRICTS INVOLVING THE SALE OF GOODS AND MERCHANDISE WHERE IT IS ACCESSORY TO THE PRINCIPALLY PERMITTED USE: A. The applicant shall provide notarized consent of the property owner. B. The use shall be prohibited in residential districts. C. Activities may be conducted outside for a period of not more than two (2) weeks. D. Applicant may request renewal twice during any calendar year, for a maximum of six (6) weeks per calendar year. Chapter 3 Article E. TEMPORARY USE REQUIREMENTS 612105 CHAPTER 3 REGULATIONS APPLYING TO ALL DISTRICTS ARTICLE F. PRIVATE STREET REQUIREMENTS ARTICLE F. SECTIONS: 11-317-1: PURPOSE 11-3F-2: APPLICABILITY 11-3F-3: PROCESS 11-3F-4: STANDARDS 11-3F-5: REQUIRED FINDINGS 11-3F-1: PURPOSE: The regulations of this Article are intended to provide better circulation and safety within commercial, industrial, and multifamily developments by establishing a clear emergency vehicle travel lane and private street name addressing for properties that do not have internal public roads. It is not the intent to approve private streets for single-family, duplex and/or townhouse developments. The applicability may be extended where the Director determines that private streets will enhance the safety of the development. 11-3F-2: APPLICABILITY: The provisions of this section shall apply to any properties that do not have frontage on a public street or where frontage is not required. 11-3F-3: PROCESS: A. An application and fees, in accord with Chapter 5 administration of this Title, shall be submitted to the Director on forms provided by the Planning Department. B Upon tentative approval of the application by the Director subject to any applicable conditions of approval and the regulations of Chapter 5 administration of this Title, the applicant or owner shall have one (1) year to complete the following tasks: 1. Obtain approval from the Ada County Street Name Committee for a private street name(s); 2. Contact the Transportation Authority (ACHD) to install an approved street name sign that complies with the regulations of the Ada County Uniform Street Name Ordinance; 3. Create a perpetual ingress/egress easement or a single platted lot for the private street to all applicable properties; and Chapter 3 Article F. PRIVATE STREET REQUIREMENTS 612105 4. The applicant or owner shall provide documentation of a binding contract that establishes the party or parties responsible for the repair and maintenance of the private street, including regulations for the funding thereof. 5. Upon completion of the items noted above, the Director shall issue a letter stating that the private street has been approved. No building permit shall be issued for any structure using a private street for access to a public street until the private street has been approved. 11-3F-4: STANDARDS: All private streets shall be designed and constructed to the following standards. A. Design standards: 1. Easement: The private street shall be constructed on a perpetual ingress/egress easement or a single platted lot that provides access to all applicable properties. 2. Connection point: Where the point of connection of the private street is to a public street, the private street shall be approved by the Transportation Authority. 3. Emergency vehicle: The private street shall provide sufficient maneuvering area for emergency vehicles as determined and approved by the Meridian Fire Department. 4. Gates: Gates or other obstacles shall not be allowed. B. Construction standards: The private street shall be constructed in accord with the roadway and storm drainage standards of the Transportation Authority or as approved by the City of Meridian based on plans submitted by a certified engineer, and the following: 1. Street width: The private street shall be constructed within the easement and shall have a travel lane width of twenty-six (26) feet. 2. Sidewalks: A five-foot (5') attached sidewalk or four -foot (4') detached sidewalk shall be provided on one side of the street in commercial districts. This requirement may be waived if the applicant can demonstrate that an alternative pedestrian path exists. 3. Fire lanes: all drive aisles shall be posted as fire lanes with no parking allowed. In addition, if a curb exists next to the drive aisle, it shall be painted red. Chapter 3 Article F. PRIVATE STREET REQUIREMENTS 612105 4. Alternative compliance: Upon recommendation of the City Engineer, the Director may approve, or recommend approval of alternative design or construction standards when the applicant can demonstrate that the proposed overall design meets or exceeds the intent of the required standards of this Article and shall not be detrimental to the public health, safety, and welfare. 11-3F-5: REQUIRED FINDINGS: In order to approve the application, the Director shall find the following: A. The design of the private street meets the requirements of this Article; B. Granting approval of the private street would not cause damage, hazard, or nuisance, or other detriment to persons, property, or uses in the vicinity; and C. The use and location of the private street shall not conflict with the Comprehensive Plan and/or the regional transportation plan. Chapter 3 Article F. PRIVATE STREET REQUIREMENTS 6/2/05 CHAPTER REGULATIONS APPLYING TO ALL DISTRICTS ARTICLE G. COMMON OPEN SPACE AND SITE AMENITY REQUIREMENTS ARTICLE G. SECTIONS: 11-3G-1: PURPOSE 11-3G-2: APPLICABILITY 11-3G-3: STANDARDS 11-3G-1: PURPOSE: A. The regulations of this Article are intended to provide for common open space and site amenities in residential districts that improve the livability of residential neighborhoods, buffer the street edge, and protect natural amenities. B. The regulations are intended to establish minimum standards for common open space and site amenities, and requirements for the long-term maintenance of these areas. 11-3G-2: APPLICABILITY: The standards for common open space and site amenities shall apply to all new single-family, townhouse, two-family duplex, and multifamily developments of five (5) acres or more. 11-3G-3: STANDARDS: A. Open space and site amenity requirement: 1. The total land area of all common open space shall equal or exceed five percent (5%) of the gross land area of the development. 2. One (1) additional site amenity shall be required for each additional twenty (20) acres of development area. B. Qualified open space: The following may qualify to meet the common open space requirements: 1. Any open space that is active or passive in its intended use, and accessible by all residents of the development, including but not limited to: a. Open grassy area of at least fifty feet (50') by one hundred feet (100') in area; b. Community garden; c. Ponds or water features; or 2 Chapter 3 Article G. COMMON OPEN SPACE AND SITE AMENITY REQUIREMENTS 612105 d. Plaza 2. Additions to a public park or other public open space area. 3. The buffer area along collector streets may be included in required common open space for residential subdivisions. 4. A street buffer with a minimum of ten feet (10') in width and street trees planted in accord with Section 11-3B-7 LANDSCAPE BUFFERS ALONG STREETS of this Title may count up to fifty percent (50%) of the requirement. 5. Parkways along local residential streets that meet all the following standards may count toward the common open space requirement: a. The parkway is a minimum of five feet (5') in width from street curb to edge of sidewalk. b. The parkway is planted with street trees in accord with Section 11-38- 7.C.8 and Section 11-313-7.C.9 LANDSCAPE BUFFERS ALONG STREETS of this Title. c. Except for alley accessed dwelling units, the area for curb cuts to each residential lot or common driveway shall be excluded from the open space calculation. For purposes of this calculation, the curb cut area shall be a minimum area of thirty feet (30') by the width of the parkway. 6. Parkways along collector and arterials that are a minimum of ten feet (10) in width from street curb to sidewalk can be counted toward the open space requirement. 7. Stormwater detention facilities when designed in accord with Section 11- 36-11 STORMWATER INTEGRATION of this Title. C. Qualified site amenities: Qualified site amenities shall include, but not be limited to, the following: 1. Quality of life amenities: a. Clubhouse; b. Fitness facilities; c. Enclosed bike storage; d. Public art; e. Picnic area; or 3 Chapter 3 Article G. COMMON OPEN SPACE AND SITE AMENITY REQUIREMENTS 612105 f. Additional five percent (5%) open space. 2. Recreation amenities a. Swimming pool; b. Children's play structures; or c. Sports courts. 3. Pedestrian or bicycle circulation system amenities meeting the following requirements: a. The system is not required sidewalks adjacent to public right-of-way; b. The system connects to existing or planned pedestrian or bicycle routes outside the development, as designated in the Meridian Parks Department Pathway Plan; and c. The system is designed and constructed in accord with standards set forth by the Meridian Parks Commission. 4. Provision of transit stops, park-and-ride facilities or other multimodal facilities to encourage alternative automobile transportation. D. Location: 1. The common open spaces and site amenities shall be located on a common lot or an area with a common maintenance agreement. 2. Common open space shall be grouped contiguously with open space from adjacent developments whenever feasible. E. Required improvements and landscaping: 1. Common open space shall be suitably improved for its intended use, except that natural features such as wetlands, rock outcroppings, ponds, creeks, etc. may be left unimproved. 2. At a minimum, common open space areas shall include one (1) deciduous shade tree per eight thousand (8,000) square feet and lawn, either seed or sod. 4 Chapter 3 Article G. COMMON OPEN SPACE AND SITE AMENITY REQUIREMENTS 612105 Maintenance: 1. All common open space and site amenities shall be the responsibility of an owners association for the purpose of maintaining the common area and improvements thereon; or 2. Land designated as common open space may be conveyed to the City, where the Parks Department agrees to accept conveyance. 5 Chapter 3 Article G. COMMON OPEN SPACE AND SITE AMENITY REQUIREMENTS 612105 CHAPTER 3 REGULATIONS APPLYING TO ALL DISTRICTS ARTICLE H. DEVELOPMENT ALONG FEDERAL AND STATE HIGHWAYS ARTICLE H. SECTIONS: 11-31-1-1: PURPOSE 11-3H-2: APPLICABILITY 11-3H-3: PROCESS 11-3H-4: STANDARDS 11-3H-5: REQUIRED FINDINGS 11-3H-1: PURPOSE: The regulations of this Article are intended to achieve three purposes: 1) limit access points to federal and state highways in order to maintain traffic flow and provide better circulation and safety within the community, 2) to preserve right-of-way for future highway expansions, and 3) design new residential development along federal and state highways to mitigate noise impacts associated with such roadways. 11-311-2: APPLICABILITY: The following standards shall apply to all development along federal and state highways, including but not limited to State Highway 69, State Highway 55, State Highway 20-26, and Interstate 84. The following standards shall also apply to development along McDermott Road from Chinden Boulevard to Interstate 84 as the City of Meridian's preferred location for a future highway right-of-way for the State Highway 16 extension. If the Idaho Transportation Department (ITD) determines an alternate location for the State Highway 16 extension, these standards shall apply to the IT determined location. 11-3H-3: PROCESS: Staff shall review all development applications for compliance with these standards. The decision making body may consider and apply modifications to the standards of this section upon specific recommendation of the Idaho Transportation Department. 11-3H-4: STANDARDS: A. Access to 1-84 and McDermott Road: no access shall be allowed except at specific interchange locations as established by the Idaho Transportation Department. B. Access to State Highway 69, State Highway 55, and State Highway 20-26: 1. Use of existing approaches shall be allowed to continue provided that all of the following conditions are met: a. The existing use is lawful and properly permitted effective XX [insert date of the adoption] Chapter 3 Article H. DEVELOPMENT ALONG FEDERAL AND STATE HIGHWAYS 612105 b. The nature of the use does not change (for example a residential use to a commercial use). C. The intensity of the use does not increase (for example an increase in the number of residential dwelling units or an increase in the square footage of commercial space). 2. If an applicant proposes a change or increase in intensity of use, the owner shall develop or otherwise acquire access to a street other than the state highway. The use of the existing approach shall cease and the approach shall be abandoned and removed. a. No new approaches directly accessing a state highway shall be allowed. b. Public street connections to the state highway shall only be allowed at: the section line road; ii, the half -mile mark between section line roads; and iii. the quarter -mile mark between section line roads where the applicant has agreed to dedicate and construct sufl•rcient area for an acceleration and deceleration lane. 3. The applicant shall construct a collector street to provide future connectivity and access to all properties fronting the state highway that lie between the applicant's property and the nearest section line road and/or half mile collector road. a. The applicant shall be responsible to construct the segment of the collector road within the applicant's property. This standard is not intended to require off-site improvements. b. The collector street shall meet the collector road standards of the Ada County Highway District. c. The street shall connect to the section line road at a distance that is no closer than 660 (as measured from center line to center line) from the intersection with the state highway. d. The collector street shall provide buildable lots between the highway and the collector road. For the purposes of this Article, such streets shall be termed backage roads. Frontage streets or private streets may be considered by the Council at the time of property annexation or through the conditional use process. C. Design and construction standards for state highways: 2 Chapter 3 Article H. DEVELOPMENT ALONG FEDERAL AND STATE HIGHWAYS 612105 1. The applicant shall have an approved permit from the Idaho Transportation Department for construction of any access to the state highway and/or any construction done i n the highway right of way. 2. The width of right-of-way reservations shall be as set forth below or as required by the ITD (whichever setback is greater). All future right-of-ways widths shall be measured from the existing center fine of the highway. a. State Highway 20-26. The applicant shall reserve or dedicate eighty-five feet (85') for future highway right of way. As the state highway nears intersections of section line roads or half mile section line collector roads, the applicant shall reserve or dedicate an additional fifteen feet (15'), for a total of one hundred feet (100'), for a distance of five hundred (500') measured from the centerline of the section line road and/or half mile section line collector road. b. State Highway 69 and State Highway 55. As the state highway nears intersections of section fine roads or half mile section line collector roads, the applicant shall reserve or dedicate one hundred feet (100'), for a distance of five hundred (500') measured from the centerline of the section line road and/or half mile section line collector road. 3. Along State Highway 55, the applicant shall be responsible for constructing a ten -foot (10') multiuse pathway and installing streetlights and landscaping consistent with the Eagle Road Corridor Study. 4. Along State Highway 69 and State Highway 20/26, the applicant shall construct a minimum ten -foot (10') wide asphalt multi -use pathway outside the public right-of-way and approximately parallel to the state highway. The pathway shall meet City of Meridian design and construction requirements for a multi -use pathway. Portions of the pathway may be constructed within the right-of-way with a license agreement from ITD. D. Noise abatement for residential uses along federal and state highways: 1. The applicant shall provide traffic noise abatement by constructing a berm or a berm and wall combination approximately parallel to the federal or state highway. 2. The top of the berm or berm and wall in combination shall be a minimum of ten feet (10') higher than the elevation at the centerline of the federal or state highway. 3. If a wall is proposed, the wall shall meet the following standards: a. Wall materials shall be impervious concrete or stucco, unless otherwise approved by the Idaho Transportation Department as a sound attenuating material. Chapter 3 Article H. DEVELOPMENT ALONG FEDERAL AND STATE HIGHWAYS 612105 b. Intermittent breaks in the berm or berm and wall in combination will degrade the function and shall not be allowed. c. The applicant shall not construct a monotonous wall. In order to achieve this standard, the applicant may choose one or both of the following variations: i. The color and/or texture of the wall shall be varied every 300 linear feet. This could include murals or artwork. ii. The wall shall be staggered every 300 linear feet subject to Section 11 -3H -4D4 above that prohibits breaks in the wall. iii. The applicant may provide an alternative that meets or exceeds the intent of this standard through the landscape Alternative Compliance procedures set forth in Chapter 5 ADMINISTRATION of this Title. 4. The Director may approve alternative compliance asset forth in Chapter 5 ADMINISTRATION of this Title where the applicant has a substitute noise abatement proposal that has been approved by the ITD. Chapter 3 Article H. DEVELOPMENT ALONG FEDERAL AND STATE HIGHWAYS 612105 CHAPTER 4 SPECIFIC USE STANDARDS SECTIONS: 11-4-1: PURPOSE 11-4-2: APPLICABILITY 11-4-3: SPECIFIC USE STANDARDS 11-4-1: PURPOSE: This Chapter provides specific standards for all uses as set forth within the applicable district in accord with Chapter 2 DISTRICT REGULATIONS of this Title. 11-4-2. APPLICABILITY: These regulations apply to any property where the specific use is listed as a permitted, accessory, or conditional use in the Table of Allowed Uses by District in accord with Chapter 2 DISTRICT REGULATIONS of this Title. 11-4-3: SPECIFIC USE STANDARDS: These standards are in addition to the requirements of Chapter 3 REGULATIONS APPLYING TO ALL DISTRICTS of this Title. 11-4-3.1: ANIMAL CARE FACILITY: A. All animals shall be indoors at all times. B. The facility owner and/or operator shall comply with all State and local regulations relative to such a facility and shall maintain housekeeping practices designed to prevent the creation of a nuisance and to reduce noise and odor to a minimum. 11-4-3.2: ARTS, ENTERTAINMENT OR RECREATION FACILITY, INDOORS AND OUTDOORS: A. General Standards 1. All structures or outdoor recreation areas shall maintain a minimum setback of one hundred feet (100') from any abutting residential districts. The playing areas of golf courses, including golf tees, fairways, and greens, are an exception to this standard. 2. No outdoor event or activity center shall be located within fifty feet (50') of any property line and shall operate only between the hours of 6 a.m. and 11 p.m. 3. Accessory uses include, but are not limited to: retail, equipment rental, restaurant and drinking establishments may be allowed if designed to serve patrons of the use only. 4. Outdoor speaker systems shall comply with the Section 11-3A-13 OUTDOOR SPEAKER SYSTEMS of this Title. 1 Chapter 4 SPECIFIC USE STANDARDS 612105 B. Additional Standards for swimming pool: Any outdoor swimming pool shall be completely enclosed within a 6 -foot non -scalable fence that meets the requirements of the Building Code in accord with Title 10, Chapter 1, of the Meridian City Code. C. Additional standards for outdoor stage or musical venue: Any use with a capacity of one hundred (100) seats or more or within one thousand feet (1,000') of a residence or a residential district shall be subject to approval of a conditional use permit. 11-4-3.3: ARTIST STUDIO: A. All production, fabrication and assembly of materials shall be conducted within a completely enclosed structure if adjoining a residence or a residential district. B. If in an industrial district, accessory retail sales shall be limited to a floor area not exceeding twenty-five percent (25%) of the total enclosed area of the use. Goods sold shall be only those produced on the site or complementary products. 11-4-3.4: BUILDING MATERIAL, GARDEN EQUIPMENT AND SUPPLIES: A. Outdoor storage areas for materials (excluding growing plants in -ground or in - containers), and mechanical equipment shall comply with Section 11-3A-12 outdoor service and equipment areas of this Title. B. Outdoor speaker systems shall comply with the Section 11-3A-13 outdoor speaker systems of this Title. 11-4-3.5: CEMETERY: Graves and monuments shall not be located within fifteen feet (15') from any property line. 11-4-3.6: CHURCH OR PLACE OF RELIGIOUS WORSHIP: Schools, child day care services, meeting facilities for clubs and organizations, and other similar uses not operated primarily for the purpose of religious instruction, worship, government of the church, or the fellowship of its congregation may be permitted to the extent the activity is otherwise permitted in the district. 11-4-3.7: CIVIC, SOCIAL OR FRATERNAL ORGANIZATIONS: A. No outdoor event or activity center associated with the use shall be located within fifty feet (50') of any property line. B. Accessory sales and or distribution of beer and wine shall be allowed. 11-4-3.8: CONTRACTOR'S YARD: A. All structures or outdoor storage areas shall be located a minimum of one hundred feet (100') from any residential district. 2 Chapter 4 SPECIFIC USE STANDARDS 612105 B. Outdoor storage areas shall comply with Section 11-3A-14 outdoor storage of this Title. C. The site shall not be used as a junkyard or vehicle wrecking yard as herein defined. 11-4-3.9: DAY CARE FACILITY: A. General standards for all child day care and adult care uses, including the classifications of day care center; day care, family; and day care, group: 1. In determining the type of day care facility, the total number of children cared for during the day and not the number of children at the facility at one time, is the determining factor. The operator's children are excluded from the number. 2. On-site vehicle pickup, parking and turnaround areas shall be provided to ensure safe discharge and pickup of clients. 3. The decision-making body shall specify the maximum number of allowable clients and hours of operation as conditions of approval. 4. The applicant or owner shall secure and maintain a Basic Day Care License from the State of Idaho Department of Health and Welfare—Family and Children's Services Division. 5. Notwithstanding Section 11-58-6 CONDITIONAL USES, a Conditional Use Permit issued for a day care facility shall terminate upon a change in owner of the day care facility. 6. In residential districts or uses adjoining an adjacent residence, the hours of operation shall be between 6:00 a.m. to 11:00 p.m. This standard may be modified through approval of a Conditional Use Permit. B. Additional standards for day care facilities that serve children: 1. All outdoor play areas shall be completely enclosed by minimum six-foot (6') non -scalable fence to secure against exit/entry by small children and to screen abutting properties. The fencing material shall meet the swimming pool fence requirements of the Building Code in accord with Title 7 of the Meridian City Municipal Code. 2. Outdoor play equipment over six feet (6') high shall not be located in a front yard or within any required yard. 3. Outdoor play areas in residential districts adjacent to an existing residence shall not be used after dusk. 3 Chapter 4 SPECIFIC USE STANDARDS 612105 11-4-3.10: DRINKING ESTABLISHMENT: A. The facility shall comply with all Idaho Code regulations regarding the sale, manufacturing, or distribution of alcoholic beverages. B. The drinking establishment shall not be located within three hundred feet (300') of a property used for a church or education service. Nor shall the drinking establishment be located within one thousand feet (1,000') of an adult entertainment establishment. C. For properties abutting a residential district, no outside activity or event shall be allowed on the site, except in accord with Chapter 3 Article E. temporary use requirements of this Title. 11-4-3.11: DRIVE-THROUGH ESTABLISHMENT: A. A drive-through establishment shall be an accessory use where the location does not adjoin a residential district or an existing residence. Otherwise a Conditional Use Permit is required. B. All establishments providing drive-through service shall identify the stacking lane, menu and speaker location (if applicable), and window location on the certificate of zoning compliance or the Conditional Use Permit. C. A site plan shall be submitted that demonstrates safe pedestrian and vehicular access and circulation on the site and between adjacent properties. At a minimum the plan shall demonstrate compliance with the following standards: 1. Stacking lanes shall have sufficient capacity to prevent obstruction of the public right-of-way by patrons; 2. The stacking lane shall be a separate lane from the circulation lanes needed for access and parking; 3. The stacking lane shall not be located within ten feet (10') of any residential district or existing residence; 4. Any stacking lane greater than one hundred feet (100') in length shall provide for an escape lane. 5. A letter from the Transportation Authority indicating the site plan is in compliance with the authority's standards and policies shall be required. D. The applicant shall provide a six-foot (6') sight -obscuring fence where a stacking lane or window location adjoins a residential district or an existing residence. 4 Chapter 4 SPECIFIC USE STANDARDS 612105 11-4-3.12: DWELLING UNIT, SECONDARY: A. One secondary dwelling unit is permitted on the same property in conjunction with and clearly subordinate to a single-family dwelling. B. Owner occupancy: To create and maintain a secondary dwelling unit, the property owner shall reside on the property for more than six (6) months in any twelve- (12) month period. The applicant for a secondary dwelling unit shall demonstrate that either the single-family dwelling or the secondary unit is occupied by the owner of the property. Owner occupancy is demonstrated by title records, vehicle registration, voter registration or other similar means. Secondary dwelling units shall not be subdivided or otherwise segregated in ownership from the single-family dwelling unit. C. Maximum size: Secondary dwelling units shall be limited to a maximum of seven hundred (700) square feet in size. D. Location: The secondary dwelling unit may be located within or attached to the primary dwelling as a detached structure; or above a detached structure, such as a garage. Detached secondary dwelling units shall be located to the side or rear of a primary dwelling. No portion of the secondary dwelling unit shall be located in front of the primary dwelling unit. E. Parking: At least one (1) parking space shall be provided on-site for the accessory dwelling unit in addition to the required parking for the existing residential unit. The conversion of a covered parking area (garage/carport) into a secondary dwelling unit is not allowed unless the required covered parking can be provided elsewhere on site. F. Entrance: Only one (1) entrance door of either the single-family dwelling or the secondary dwelling unit shall be located facing any one street. G. Design: The secondary unit shall be consistent in design with the single family dwelling, including roof pitch, siding, color, materials, and window treatments. H. Prohibitions: Manufactured and mobile homes, and recreation vehicles shall be prohibited for use as a secondary dwelling unit. I. Number of occupants: The total number of occupants in both the single-family dwelling and the secondary dwelling shall not exceed the maximum number established for a family, as defined in Chapter 1, Article A. definitions of this Title. 11-4-3.13: EDUCATION INSTITUTION: A. Accessory uses: Accessory uses including, but not limited to, day care facilities, special events, community services, social services, meeting facilities for clubs and organizations, and school administration may be allowed. Chapter 4 SPECIFIC USE STANDARDS 612105 B. Location criteria for elementary schools: Elementary schools should be located within the center of neighborhoods with access encouraged from local streets. Elementary school locations adjacent to public parks or open space are encouraged. At least thirty percent (30%) of the perimeter of an elementary school site should be open to streets or open space areas. C. Location criteria for middle schools and high schools: Middle and high schools may take access off a designated arterial or collector street. D. Size: The desirable size for education institution should be as follows: Elementary: 61,000 to 71,000 square feet; Middle School: 120,000 to 130,000 square feet; and High School: 250,000 to 260,000 square feet. E. An education institution with less than one hundred and fifty (150) students or located within the TN -R District may be exempt from the requirements for open space, landscaping, parking and drop off areas. F. A Conditional Use Permit shall be required for any education institution in which any of the following circumstances exist: 1. The education institution is in excess of 250,000 square feet within a residential district; 2. The education institution includes lighted fields adjoining or within a residential district; 3. The education institution will generate in excess of 1,500 vehicular trips per day; 4. The education institution takes access from a collector or an arterial street and there is not a safe separate pedestrian and bikeway access between the neighborhood and the school s ite. G. Portable classrooms that are not indicated on an approved conditional use or certificate of zoning compliance shall require administrative approval. If the proposed use cannot meet all of the following specific use standards, the use shall require conditional use approval. 1. The portable classroom shall not be located in the front yard of the principal school structure. 2. The portable classroom shall not be located in any required yard. 3. The placement of the portable classroom shall not reduce the number of required off-street parking spaces. 4. The portable structures shall comply with Building Code in accord with Title 7 of the Meridian City Municipal Code. 6 Chapter 4 SPECIFIC USE STANDARDS 612105 H. Additional standards for education institution, private: The applicant shall provide written documentation that the facility meets the minimum site area guidelines as established by the Idaho State Department of Education. 1. Additional standards for Vocational or Trade Schools: The applicant shall provide written documentation that the school will have a major curriculum relating to technological industrial research and processes. 11-4-3.14: EQUIPMENT RENTAL, SALES AND SERVICE: All repair activities (including, but not limited to, open pits and lifts) shall occur within an enclosed structure. 11-4-3.15: ENTERTAINMENT ESTABLISHMENT, ADULT: A. Separations. In recognition of Idaho Code, the following distance separations shall be required: 1. No adult entertainment establishment shall be allowed within one thousand feet (1,000) of the following: a. an existing adult entertainment establishment; b. a church or place of religious worship, c. any youth organization, school, or school bus stop, d, a park or public building. e. any residential district boundary. 2. The applicant shall provide evidence certified by a professional land surveyor licensed in the State of Idaho that the proposed adult entertainment establishment conforms to the separation requirements of this Subsection. B. Signs. 1. All adult entertainment establishments shall comply with the regulations of Chapter 4, Article I of this Title. Further, signs for adult entertainment establishments shall not contain any emphasis, either by movement, picture, or otherwise, on matter relating to adult entertainment as herein defined. 2. Any business providing adult entertainment or adult material shall have in place at each entrance to such business a legible door sign (as defined herein) stating "Persons under 18 years of age not permitted." The sign shall be no less than 0.5 square feet and no greater than one (1) square foot in area. Such sign shall not require administrative approval in accord with Chapter 4, Article I, Signs. 7 Chapter 4 SPECIFIC USE STANDARDS 612105 C. The applicant shall obtain and/or maintain a license in accord with Title 3, Chapter 10 of the Meridian City Code. 11-4-3.16: FINANCIAL INSTITUTION: A. The location, access and safety features of all automated teller machines (ATM's) shall be subject to review and approval by the Meridian Police Department, and in accord with the standards set forth in Sections 11-3A-11 of this Title. B. All ATMs shall be deemed an accessory use to a financial institution. 11-4-3.17: FLEX SPACE: Retail use shall not exceed twenty five percent (25%) of leasable area in any tenant space. 11-4-3.18: FOOD PRODUCTS PROCESSING: A. All structures, loading areas, outdoor activity areas, exclusive of parking shall be located a minimum of six hundred feet (600') from any abutting residential districts. B. Food processing shall be located a minimum of one thousand feet (1,000') from any hospital. C. The application materials shall include written documentation that the proposed facility meets any applicable federal, state, or local standards regarding such use including, but not limited to, those of the U. S. Environmental Protection Agency, the U. S. Department of Agriculture, Idaho Department of Environmental Quality (DEQ), Idaho Department of Agriculture, Idaho Department of Water Resources, and Central District Health Department. 11-4-3.19: FUEL SALES FACILITY AND FUEL SALES FACILITY, TRUCK STOP: A. General standards: 1. When allowed as an accessory use, gasoline or diesel fuel sales facilities shall not occupy more than twenty-five percent (25%) of the subject property. 2. The total height of any overhead canopy or weather protection device shall not exceed twenty feet (20'). 3. Vehicle stacking lanes shall be available on the property but outside the fueling areas. Stacking lanes shall have sufficient capacity to prevent obstruction of the public right-of-way by patrons. Such stacking lanes shall be separate from areas required for access and parking. The stacking lanes shall not be located within ten feet (10') of any abutting residential districts. 8 Chapter 4 SPECIFIC USE STANDARDS 612105 4. If the use is unattended, the standards in accord with Section 11-3A-11 of this Title shall also apply. B. Additional standards for fuel sales facility, truck stop: 1. The use shall be located on a principal arterial or near an interstate interchange. 2. The use shall be located a minimum of six hundred feet (600') from any residential district and a minimum of one thousand feet (1,000') from any hospital. 11-4-3.20: HOME OCCUPATION: The following standards apply to all home occupation uses with the exception that strict adherence to the standards contained in sections 11-4-3.20(2), 11-4-3.20(3) 11-4-3.20(5), and 11-4-3.20(6) in the TN -C and TN- R Districts is not required: A. In no way shall the home occupation cause the premises to differ from its residential character in the appearance, lighting, signs, or in the emission of noise, fumes, odors, vibrations, or electrical interference. B. The home occupation shall be conducted entirely in the dwelling, and not more than twenty-five percent (25%) of the gross floor area of said dwelling shall be used for a home occupation or for storing goods associated with the home occupation. Materials may be stored in an attached garage or storage area, provided it shall not reduce the required off-street parking below the standard established for that district. C. No activity connected to the home occupation or any storage of goods, materials, or products connected with a home occupation shall be allowed in any detached accessory structure. D. The home occupation shall not involve the use of more than one (1) commercial vehicle. E. The home occupation shall not have more than two (2) out -going pickups per day from a common carrier. F. The home occupation shall be conducted by the inhabitants of the dwelling, and no more than one (1) nonresident employee shall be permitted. G. The home occupation shall not serve as a headquarters or main office where employees come to the site and are dispatched to other locations. H. No retail sales shall be permitted from the dwelling except the sale of: a) services or items produced or fabricated on the premises as a result of the home occupation; or b) products related to the home occupation. 9 Chapter 4 SPECIFIC USE STANDARDS 612105 I. Off-street parking shall be provided as Section 11-3C-6 of this Title, in addition to the required off-street parking for the dwelling. J. All visits by clients, customers, and/or employees shall occur between the hours of 8:00 a.m. and 8:00 p.m. 11-4-3.21: HOSPITAL: A. If the hospital provides emergency care, the location shall have direct access on an arterial street. B. Accessory retail uses including but not limited to, retail shops, food or beverage service, and personal service shops, may be allowed if designed to serve patrons of the hospital and thei r visitors only. C. No hospital shall be located within one thousand feet (1,000') of the following uses: explosive manufacturing or storage, flammable substance storage, foundry, freight and truck terminal, manufacture or processing of hazardous chemicals, power plant, food product storage and processing plant. 11-4-3.22: HOTEL OR MOTEL: A. Accessory uses including but not limited to restaurants, retail, drinking establishments, and personal services, may be allowed if such uses are completely within the hotel or motel structure. A drinking establishment shall require separate or concurrent approval subject to the regulations of Section 11- 4-3.10 of this Title. B. A Conditional Use Permit shall be required for any hotel or motel use that adjoins a residential district or an existing residence. 11-4-3.23: INDUSTRY, INFORMATION: A. The following adverse effects shall be mitigated through setbacks, buffers, sound attenuation and/or hours of operation: 1. Noise, odor, or vibrations; or direct or reflected glare detectable by the human senses without the aid of instruments. 2. Any other emission or radiation that endangers human health, results in damages to vegetation or property or which exceed health and safety standards. B. The application materials shall include written statement that the proposed facility meets any applicable federal, state, or local standards regarding such use, including but not limited to, those of the U.S. Environmental Protection Agency, the U. S. Department of Agriculture, Central District Health Department, Ada County Air Quality Board and Idaho Department of Water Resources. 10 Chapter 4 SPECIFIC USE STANDARDS 612105 11-4-3.24: INDUSTRY, LIGHT AND HEAVY: A. All mechanical equipment emissions; shipping and/or delivery; or other outdoor activity areas shall be located a minimum of three hundred feet (300') from any abutting residential districts, or the use is subject to a Conditional Use Permit. B. The application shall identify how the proposed use will address the impacts of noise and other emissions on adjoining residential districts. More specifically, the following adverse effects shall be mitigated through setbacks, buffers, sound attenuation and/or hours of operation: 1. Noise, odor, or vibrations; or direct or reflected glare detectable by the human senses without the aid of instruments. 2. Radioactivity and electric or electromagnetic disturbances that unduly interfere with the normal operation of equipment, instruments, or appliances on abutting properties. 3. Any other emission or radiation that endangers human health, results in damages to vegetation or property or which exceeds health and safety standards. 4. In the event that the Director determines that the applicant cannot adequately address such impacts, the use shall be subject to conditional use approval. C. Additional standards for industry, heavy: The use shall be located a minimum of one thousand feet (1,000') from a hospital. D. The application materials shall include written statement that the proposed facility meets any applicable federal, state, or local standards regarding such use including, but not limited to those of the U.S. Environmental Protection Agency, the U. S. Department of Agriculture, Central District Health Department, the Ada County Air Quality Board and Idaho Department of Water Resources. 11-4-3.25: LAUNDROMAT: The hours of operation shall be limited to between 6:00 a.m. and 11:00 p.m. in the C -N and L -O Districts. If unattended, the use shall meet the requirements of section 11-3A-11 SELF-SERVICE USES. 11-4-3.26: MULTIFAMILY DEVELOPMENT: Multifamily developments with multiple properties shall be considered as one property for the purpose of implementing the standards set forth in this section. A. Purpose: 1. To create multifamily housing that is safe and convenient and that enhances the quality of life of its residents. 11 Chapter 4 SPECIFIC USE STANDARDS 612105 2. To create quality buildings and designs for multifamily development that enhance the visual character of the community. 3. To create building and site design in multifamily development that is sensitive to and well integrated with the surrounding neighborhood. 4. To create open space areas that contribute to the aesthetics of the community, provide an attractive setting for buildings, and provide safe, interesting outdoor spaces for residents. B. Site design 1. Setbacks: Buildings shall provide a minimum setback of ten feet (10') unless a greater setback is otherwise required by this Title. Building setbacks shall take into account windows, entrances, porches and patios, and how they impact adjacent properties 2. All on-site service areas, outdoor storage areas, waste storage, disposal facilities, and transformer and utility vaults shall be located in an area not visible from a public street, or shall be fully screened from view from a public street. 3. A minimum of eighty (80) square feet of private, usable open space shall be provided for each unit. This requirement can be satisfied through porches, patios, decks, and/or enclosed yards. Landscaping, entryway and other access ways shall not count toward this requirement. 4. For the purposes of this Section, vehicular circulation areas, parking areas, and private useable open space shall not be considered common open space. 5. No recreational vehicles, snowmobiles, boats or other personal recreation vehicles shall be stored on the site unless provided for in a separate, designated and screened area. 6. The parking shall meet the requirements set forth in Chapter 3 REGULATIONS APPLYING TO ALL DISTRICTS of this Title. 7. Developments with twenty (20) units or more shall provide the following: a. A property management office. b. A maintenance storage area. c. A central mailbox location, including provisions for parcel mail, that provide safe pedestrian and/or vehicular access. d. A directory and map of the development at an entrance or convenient location for those entering the development. 12 Chapter 4 SPECIFIC USE STANDARDS 612105 C. Common open space design requirements: 1. A minimum area of outdoor common open space shall be provided as follows: a. One hundred fifty (150) square feet for each unit containing five hundred (500) or less square feet of living area. b. Two hundred fifty (250) square feet for each unit containing more that five hundred (500) square feet and up to one thousand two hundred (1,200) square feet of living area. c. Three hundred fifty (350) square feet for each unit containing more than one thousand two hundred (1,200) square feet of living area. 2. Common open space shall be not less than four hundred (400) square feet in area, and shall have a minimum length and width dimension of twenty feet (20')• 3. In phased developments, common open space shall be provided in each phase of the development consistent with the requirements for the size and number of dwelling units. 4. Common open space areas shall not be adjacent to collector or arterial streets unless separated from the street by a constructed barrier at least four feet (4') in height. D. Site development amenities: 1. All multifamily developments shall provide for quality of life, open space and recreation amenities to meet the particular needs of the residents as follows: a. Quality of life i. Clubhouse ii. Fitness facilities iii. Enclosed bike storage iv. Public art such as a statue b. Open space i. Open grassy area of at least fifty (50) by one hundred (100) feet in size ii. Community garden M. Ponds or water features 13 Chapter 4 SPECIFIC USE STANDARDS 612105 iv. Plaza c. Recreation L Pool ii. Walking trails iii. Children's play structures iv. Sports courts 2. The number of amenities shall depend on the size of multifamily development as follows: a. For multifamily developments with less than twenty (20) units, two (2) amenities shall be provided from two separate categories. b. For multifamily development between twenty (20) and seventy-five (75) units, three (3) amenities shall be provided, with one (1) from each category. c. For multifamily development with seventy-five (75) units or more, four (4) amenities shall be provided, with at least one (1) from each category. 3. The decision-making body shall be authorized to consider other improvements in addition to those provided under subsection D, provided that these improvements provide a similar level of amenity. E. Architectural character 1. All building elevations shall have a minimum portion of the elevation devoted to architectural features designed to provide articulation and variety. These features shall include, but are not limited to windows, bays and offsetting walls that extend at least two (2) feet; recessed entrances; and changes in material types. Changes in material types shall have a minimum dimension of two feet (2') and minimum area of twenty-five (25) square feet. 2. Main entrances, which are the primary point(s) of entry where the majority of building users will enter and leave, shall be designed as an obvious entrance and focal point of the building through architectural treatment, lighting, and address identification. 3. Entrances shall be adequately covered, recessed, or treated with a permanent architectural feature in such a way that weather protection is provided. 4. Roof forms shall be distinctive and include variety and detail when viewed from the street. Sloped roofs shall have a significant pitch. Flat roofs should include distinctive cornice treatments. 14 Chapter 4 SPECIFIC USE STANDARDS 612105 5. Exterior building materials and finishes shall convey an impression of permanence and durability. Materials such as masonry, stone, stucco, wood, terra cotta, and tile are encouraged. 6. Windows are required to allow views to exterior activity areas or vistas. Windows shall be provided on any building facing any common area used for children's recreation. 7. All roof and wall -mounted mechanical, electrical, communications, and service equipment should be screened from public view from the adjacent public streets and properties by the use of parapets, walls, fences, enclosures, or by other suitable means. F. Landscaping requirements 1. Development shall meet the minimum landscaping requirements in accord with Chapter 3 REGULATIONS APPLYING TO ALL DISTRICTS of this Title. 2. All street -facing elevations shall have landscaping along their foundation. The foundation landscaping shall meet the following minimum standards: a. The landscaped area shall be at least three (3) feet wide. b. For every three (3) lineal feet of foundation, an evergreen shrub having a minimum mature height of twenty-four (24) inches shall be planted. c. Groundcover plants shall be planted in the remainder of the landscaped area. G. All multifamily developments shall record legally binding documents that state the maintenance and ownership responsibilities for the management of the development, including but not limited to structures, parking, common areas, and other development features. 11-4-3.27: NURSERY OR URBAN FARM: A. Sales of agricultural products or live plant material shall be incidental to agricultural production and shal I be limited to what is grown on the property. B. For new uses, the property used for nursery or urban farm shall be five (5) acres or less. For annexation of existing nursery or urban farm use, the property may be larger. 15 Chapter 4 SPECIFIC USE STANDARDS 612105 11-4-3.28: NURSING OR RESIDENTIAL CARE FACILITIES: A. General standards: 1. If the use results in more than ten (10) persons occupying a dwelling at any one time, the applicant or owner shall concurrently apply for a change of occupancy as required by the Building Code in accord with Title 7 of the Meridian City Municipal Code. 2. The owner and/or operator of the facility shall secure and maintain a license from the State of Idaho Department of Health and Welfare ---Facility Standards Division B. Additional standards for uses providing care to children and juveniles under the age of eighteen (18) years: 1. All outdoor play areas shall be completely enclosed by a minimum six-foot (6) non -scalable fence to secure against exit/entry by small children and to screen abutting properties. The fencing material shall meet the swimming pool fence requirements of the Building Code in accord with Title 7 of the Meridian City Municipal Code. 2. Outdoor play equipment over six feet (6') high shall not be located in a front yard or within any required yard. 3. Outdoor play areas in residential districts or uses adjacent to an existing residence shall not be used after dusk. C. Additional standards for uses providing care to patients who suffer from Alzheimer's disease, dementia or other similar disability that may cause disorientation: A barrier with a minimum height of six feet (6), along the perimeter of any portion of the site that is accessible to these patients shall be provided. The fencing material shall meet the swimming pool fence requirements of the Building Code in accord with Title 7 of the Meridian City Municipal Code. 11-4-3.29: PUBLIC OR QUASI -PUBLIC USE: A. Public recreation and community centers: the use shall meet the standards in accord with Section 11-3-3.3 arts, entertainment or recreation facility, of this Article. B. Public or quasi -public office: the use shall meet the standards for office use in accord with the district in which the use is located. 16 Chapter 4 SPECIFIC USE STANDARDS 612105 11-4-3.30: PUBLIC UTILITY, MAJOR; AND PUBLIC INFRASTRUCTURE: A. Accessory uses directly related to the maintenance and fueling of vehicles (including, but not limited to, truck and trailer washing, fuel pumps, garages for minor repair) may be allowed. B. Installation of underground fuel tanks shall require written approval from the Idaho Division of Environmental Quality, Idaho Department of Water Resources, and the appropriate Fire Authority. C. No portion of the outside storage areas and/or outside activity areas may be visible from any highway, interstate, gateway corridor, principal arterial, or minor arterial as herein defined. D. All driveways into and through the facility and any open area with a driving surface shall be surfaced with a dustless material including, but not limited to, asphalt, concrete, pavers or bricks. E. For any use requiring the storage of fuel or hazardous material, the use shall be located a minimum of one thousand feet (1,000') from a hospital. 11-4-3.31: RECYCLING CENTER; AND SOLID WASTE TRANSFER STATION: A. The site shall be screened from the street(s) by a screen composed of a masonry or concrete wall planted on the exterior side with a vegetative screen. The screen shall be of sufficient height so that no storage containers shall be visible above the required screening. B. All grounds and facilities shall be maintained in an orderly manner so as not to create a public nuisance. C. All mechanical equipment emissions; power -driven processing (including, but not limited to, aluminum foil and can compacting, baling, plastic shredding, or other processing activities necessary for efficient temporary storage and shipment of materials); and/or other outdoor activity areas shall be located a minimum of three hundred feet (300') from any abutting residential districts. If the use does not meet the minimum setback, or in the opinion of Director there are questions regarding the adequacy of the mitigation of noise, emissions and /or blowing debris from the site, the use shall be subject to a Conditional Use Permit. D. All driveways into and through the facility and any open area with a driving surface shall be surfaced with a dustless material including, but not limited to, asphalt, concrete, pavers or bricks. E. For any use requiring the storage of fuel or hazardous material, the use shall be located a minimum of one thousand feet (1,000') from a hospital. F. Additional standards for recycling centers: 17 Chapter 4 SPECIFIC USE STANDARDS 6/2/05 1. Any container provided for after-hours donation of recyclable materials shall be a minimum of fifty feet (50') from any abutting residential district, shall be of sturdy, rustproof construction, and shall have sufficient capacity to accommodate materials collected. 2. Except for after-hours donation containers, no unsorted material shall be stored outside. 11-4-3.32: STORAGE FACILITY, OUTSIDE: A. Materials shall not be stored within the required yards. Stored items shall not block sidewalks or parking areas and may not impede vehicular or pedestrian traffic. B. The site shall not be used as vehicle wrecking or junkyard as herein defined. C. Additional standards for outside storage as an accessory use. Accessory outside storage shall be allowed for approved uses subject to the following standards: 1. Outside storage of materials for commercial or industrial uses shall be limited to those items owned or used by the business. 2. Outside storage of materials for a residential development or recreational vehicle park shall be only for recreational vehicles or personal recreation items of the owners and/or tenants. 3. Outside storage of materials for individual residential properties shall be screened with a six-foot (6') site -obscuring fence. D. For any use requiring the storage of fuel or hazardous material, the use shall be located a minimum of one thousand feet (1,000') from a hospital. 11-4-3.33: STORAGE FACILITY, SELF-SERVICE: A. Storage units and/or areas shall not be used as dwellings or as a commercial or industrial place of business. The manufacture or sale of any item by a tenant from or at a self-service storage facility is specifically prohibited. B. On-site auctions of unclaimed items by the storage facility owners shall be allowed as a temporary use in accord with Section 11-3E temporary use requirements of this Title. C. The distance between structures shall be a minimum of twenty-five feet (25'). D. The storage facility shall be completely fenced, walled, or enclosed and screened from public view. Where abutting a residential district or public road, chain-link shall not be allowed as fencing material. 18 Chapter 4 SPECIFIC USE STANDARDS 612105 E. If abutting a residential district, the facility hours of public operation shall be limited to 6:00 a.m. to 11:00 p.m. F. No structure, facility, drive lane, parking area, nor loading area shall be located adjacent to a residential district without a sound attenuati on wall. G. If the applicant provides a sound attenuation wall, landscaping buffers may be reduced to ten feet (10'). H. If the use is unattended, the standards in accord with Section 11-3A-16 self service uses of this Title shall also apply. 1. The facility shall have a second means of access for emergency purposes. J. All outdoor storage of material shall be maintained in an orderly manner so as not to create a public nuisance. Materials shall not be stored within the required yards. Stored items shall not block sidewalks or parking areas and may not impede vehicular or pedestrian traffic. K. The site shall not be used as vehicle wrecking or junkyard as herein defined. L. For any use requiring the storage of fuel or hazardous material, the use shall be located a minimum of one thousand feet (1,000') from a hospital. 11-4-3.35: TERMINAL, FREIGHT OR TRUCK: A. The use shall be located with direct access on a principal arterial or near an interstate interchange, and with no access through residential streets. B. No outdoor activity area shall be located within three hundred feet (300') from any residential district. C. The use shall be located a minimum of one thousand feet (1,000') from any hospital. D. Accessory uses directly related to the maintenance and fueling of vehicles (including, but not limited to, truck and trailer washing, fuel pumps, garages for minor repair) may be allowed. E. Installation of underground fuel tanks shall require written approval from the Idaho Division of Environmental Quality, Idaho Department of Water Resources, and the Meridian City Fire Department. 11-4-3.36: VEHICLE IMPOUND YARD: A. Outside storage and outside activity areas shall comply with Section 11-3A- 14outdoor storage of this Title. The closed vision fence or wall and screening materials shall be a minimum of ten feet (10) in height. 19 Chapter 4 SPECIFIC USE STANDARDS 612105 B. No portion of the vehicle impound yard, outside storage areas and/or outside activity areas may be visible from any highway, interstate, gateway corridor, principal arterial, or minor arterial as herein defined. C. All materials or parts shall be stored and located within the closed vision fence or walled area. No vehicles or materials shall be stored so they exceed the height of the fence or wall. D. The use shall not constitute a junkyard as herein defined. 11-4-3.37: VEHICLE REPAIR, MAJOR AND MINOR: A. Where adjoining a residential property or district, all repair activities (including, but not limited to, open pits and lifts) shall occur within an enclosed structure. B. Inoperable or dismantled motor vehicles shall be stored behind a closed vision fence, wall, or screen or within an enclosed structure and shall not be visible from street. 11-4-3.38: VEHICLE SALES OR RENTAL: A. Vehicle repair may be allowed as an accessory use, subject to the standards for vehicle repair, major and minor in the district where the use is located. B. Inoperable or dismantled motor vehicles shall be stored behind a closed vision fence, wail, or screen or within an enclosed structure and shall not be visible from any street. C. Automotive sales and rental areas shall be subject to the minimum perimeter landscape requirement of parking areas in Chapter 3 Article B. landscaping requirements of this Title. D. In addition to Chapter 3 Article B. landscaping requirements of this Title, one (1) square foot of landscaping for every fifty (50) square feet of vehicle display area, and one (1) tree for every two hundred (200) square feet of parking area shall be provided. 11-4-3.39: VEHICLE WASHING FACILITY: A. A site plan shall be submitted that demonstrates safe pedestrian and vehicular access and circulation on the site and between adjacent properties. At a minimum, the plan shall demonstrate compliance with the following standards: 1. Stacking lanes shall have sufficient capacity to prevent obstruction of the public right-of-way by patrons. 2. The stacking lane shall be a separate lane from the circulation lanes needed for access and parking. 20 Chapter 4 SPECIFIC USE STANDARDS 612105 3. The stacking lane shall not be located within ten feet (10') of any residential district or existing residence. 4. A letter from the Transportation Authority indicating the site plan is in compliance with the highway district standards and policies shall be required. B. Within the industrial districts, a vehicle washing facility shall be allowed only as an accessory use to a gasoline or diesel fuel sales facility for use by non - passenger vehicles. The vehicle washing facility shall be limited in capacity to a single vehicle. The intent is to discourage facilities that cater to passenger vehicles. C. Any use that is not fully enclosed shall be located a minimum one hundred feet (100') from any abutting residential district, and shall be limited in operating hours from 6:00 a.m. to 11:00 p.m. D. If the use is unattended, the standards set forth in Section 11-3A-18 of this Title shall also apply. 11-4-3.40: VEHICLE WRECKING OR JUNKYARD: A. Outside storage and outside activity areas shall comply with Section 11-3A-14 outdoor storage of this Title. The fence or wall and screening materials shall be a minimum of ten feet (10) in height. B. No portion of the vehicle impound yard, outside storage areas and/or outside activity areas may be visible from any highway, interstate, principal arterial, or minor arterial. C. All materials or parts shall be stored and located within a closed vision fence or walled area. No vehicles or materials shall be stored so they exceed the height of the fence or wall. D. All structures or outside activity areas shall be located a minimum of three hundred feet (300') from any property line. The use shall be located a minimum of one thousand feet (1,000') from any residential district. E. An area for processing vehicles as they are brought to the site shall be designated on a site plan. The processing area shall be an impermeable surface that has a means to collect and properly dispose of oils and fluids in the vehicles. F. The applicant shall obtain all necessary permits for the storage of materials on the site, including, but not limited to, oil, hazardous waste, and tires. G. No person shall establish, operate, or maintain a vehicle wrecking yard, any portion of which is within one thousand feet (1,000') of the nearest edge of the right-of-way and visible from any highway, interstate, principal arterial, or minor arterial as herein defined. See Idaho Code §40-313. 21 Chapter 4 SPECIFIC USE STANDARDS 6/2/05 11-4-3.41: VERTICALLY INTEGRATED RESIDENTIAL PROJECT: A. A vertically integrated residential project shall be a structure that contains at least two (2) stories. B. A minimum of twenty five percent (25%) of the gross floor area of a vertically integrated project shall be residential dwelling units, including outdoor patio space on the same floor as a residential unit. C. The minimum building footprint for a detached vertically integrated residential project shall be twenty-four hundred (2,400) square feet. D. The allowed nonresidential uses in a vertically integrated project include: arts, entertainment or recreation facility; artist studio; civic, social or fraternal organizations; day care facility; drinking establishment; Education Institution; financial institution; health care or social assistance; industry, craftsman; Laundromat; nursing or residential care facility; personal or professional service; public or quasi -public use; restaurant; or retail; or other uses that may be considered through the Conditional Use Permit process. E. None of the required parking shall be located in the front of the structure. 11-4-3.42: WAREHOUSE: A. Accessory uses allowed: office not to exceed twenty five percent (25%) and retail sales not to exceed ten percent (10%) of the total enclosed area of the use. B. Outside activity areas shall be located a minimum of three hundred feet (300') from any property line adjoining a residence or a residential district 11-4-3.43: WIRELESS COMMUNICATION FACILITY: A. Purpose: The purpose of this section is to accommodate the communications needs of its residents and businesses while at the same time protecting the safety, aesthetic appeal and general welfare of the community. Furthermore, it is the purpose of this section to regulate the impact of communications towers within the city limits and to provide for the needs of the public and businesses for wireless communications. The intent of this section is to: 1. Facilitate the provision of wireless telecommunication services to the residents and businesses of the City of Meridian; 2. Minimize the adverse visual effects of communications towers and other similar structures through careful design standards; 3. Avoid potential damage to adjacent properties from the structural failure of towers and other such structures through structural standards and setback requirements; and 22 Chapter 4 SPECIFIC USE STANDARDS 612105 4. Require the co -location of new wireless communication equipment, when possible, in order to reduce the num ber of towers required to serve the city. B. Applicability: The following provisions shall apply to any construction, installation, addition to or increase in the height of any wireless communications tower. C. Process: 1. Amateur radio antennae that meet the standards as set forth in Section 11-4- 3.43.F shall require accessory use approval. 2. Co -location of new equipment on an existing tower shall require a Certificate of Zoning Compliance prior to installation. 3. Stealth towers and/or new antennae that meet the standards as set forth in Chapter 5 Article B. SPECIFIC PROVISIONS shall require a Certificate of Zoning Compliance prior to installation. 4. Wireless communication facilities in an industrial district shall require a Certificate of Zoning Compliance prior to installation. 5. All other wireless communication facilities shall require conditional use approval. D. Required documentation: The applicant shall provide the following documentation with the request for approval of a wireless communication facility: 1. Documentation from a qualified and licensed engineer showing that the proposed facility will be in compliance with the FCC standards regarding radio frequency (RF) emissions. 2. A report from a qualified and licensed structural engineer that describes the tower height and design. The report shall include the following: a cross section of the tower, elevations that document the height above grade for all potential mounting positions for colocated antennae, and the minimum separation distances between antennae. The report must also include a description of the tower's capacity regarding the number and type of antennae that it can accommodate and what precautions the applicant will take to avoid interference with established public safety telecommunications. This report must be stamped by the structural engineer and include other information necessary to evaluate the request. 3. For all wireless communication facilities, a letter of intent committing the tower owner and his, her or its successors to allow the shared use of the tower, as required by this section, if an additional user agrees in writing to meet reasonable terms and conditions for shared use. 4. A statement regarding compliance with regulations administered and enforced by the Federal Aviation Administration (FAA). 23 Chapter 4 SPECIFIC USE STANDARDS 612105 5. Propagation charts showing existing and proposed transmission coverage at the subject site and within an area large enough to provide an understanding of why the facility needs to be in the chosen location. 6. A written analysis demonstrating that the proposed site is the most appropriate site within the immediate area. The analysis shall include, but is not limited to, the following: a. Description of the surrounding area, including topography; b. Natural and manmade impediments, if any, that would obstruct adequate wireless telephone transmissions; c. Physical site constraints, if any, that would preclude construction of a wireless communications facility on any other site; d. Technical limitations of the system that limit siting options. E. Amateur radio antenna standards: Pursuant to the FCC's preemptive ruling PRB 1, towers supporting amateur radio antennae (i.e., NAM radio antennae) of less than thirty-five feet (35') in height are permitted, antennae with a height in excess of thirty-five feet (36) shall require a Conditional Use Permit. No towers or antennae shall be placed within the front, side or street side yard. F. Stealth tower standards: 1. The facility shall be hidden or camouflaged. 2. The facility shall not exceed the height limitation of the district in which it is located. G. Antennae standards: 1. The antennae shall be less than four (4) square feet in area and mounted to: a. New poles (not streetlights). b. Existing poles or streetlights. c. Buildings. d. Towers. e. New streetlights in existing neighborhoods shall only be allowed with approval of the Public Works Director. The Public Works Director shall determine if the benefit derived from the new streetlight is greater than the maintenance and increased utility fees associated with the streetlight. 24 Chapter 4 SPECIFIC USE STANDARDS 612105 2. The facility shall not exceed the height limitation of the district in which it is located. 3. Where the applicant does not own the supporting structure, antennae attached to support structures shall be allowed only after securing a license agreement with the owner and other responsible parties, as applicable. 4. Streetlights or poles with attached antennae shall be separated by a minimum of five hundred feet (500'). 5. Antennae attached to streetlights shall be painted to match the streetlights and shall be attached only to Meridian standard streetlights (not on ornamental fixtures). H. Design Standards: All new communications towers shall meet the following minimum design standards: 1. Towers and antennae shall be required to blend into the surrounding environment by paint or other camouflaging architectural treatment, except in instances where the color is dictated by federal or state authorities such as the federal aviation administration. All metal shall be corrosive -resistant or treated to prevent corrosion. 2. All new communication towers shall be of monopole design, unless the decision-making body determines that an alternative design (i.e., lattice, guy wire, etc.) would be appropriate because of location or necessity. 3. No part of any antenna, disk, array or other such item attached to a communications tower shall be permitted to overhang any part of the right-of- way or property line. 4. The base of all towers shall be surrounded by a sight obscuring security fence, in accord with the underlying zone. 5. All tower facilities shall include a landscape buffer. The buffer shall consist of a landscape strip of at least five feet (6) wide outside the perimeter of the compound. A minimum of fifty percent (50%) of the plant material shall be of an evergreen variety. In locations of where the visual impact of the tower is minimal, the Director may waive this requirement through the alternative compliance procedure in accord with Chapter 5 ADMINISTRATION of this Title. 6. All climbing pegs within the bottom twenty feet (20') of the tower shall be removed except when the tower is being serviced. 7. All lighting on the tower, other than may be required by the FAA, shall be prohibited. 8. No tower shall have constructed thereon, or attached thereto, in any way, any platform, catwalk, crow's nest, or like structure, except during periods of 25 Chapter 4 SPECIFIC USE STANDARDS 612105 construction or repair. No signs or banners shall be attached to any portion of a wireless communications tower. I. Setback standards: If the tower does not exceed the maximum building height allowed for the zoning of the land upon which it is to be placed, the tower shall meet the setback requirement for that zone, with the following exceptions: 1. If the property is located next to a residential district, the setback requirements shall be one hundred twenty-five percent (125%) of the height of the tower. a. If the tower exceeds the maximum height allowance for the district, the setback requirements shall be one foot (1) for every ten feet (10') of tower height, in addition to the district's setback requirements. b. If the tower is not constructed to meet the standards set forth in the Telecommunications Industry Association/Electronic Industries Association (TIAIEIA) 222 revision F standards entitled "Structural Standards for Steel Antenna Supporting Structures" the setback requirement shall be one foot (T) for every foot in height of the tower. This shall be measured from all property lines and shall be referred to as the "fall zone." Only the accessory equipment building shall be permitted to be located within the fall zone. 2. Communication towers must be set back from all public owned right-of-way by a minimum of two (2) times the height of the tower to be installed. If this setback requirement is in conflict with any other setback requirement, the setback shall be the greater distance. 3. All communication towers shall be set back at least three (3) times the height of the tower from all principal arterial streets. J. Co -location Standards: 1. A proposal for a new commercial communication tower shall not be approved unless the decision-making body finds that the telecommunications equipment planned for the proposed tower cannot be accommodated on an existing or approved tower. 2. It shall be the burden of the applicant to demonstrate that the proposed tower or antenna cannot be accommodated on an existing or approved tower or structure. One or more following pieces of documentation shall be provided as proof that the new tower is necessary: a. Unwillingness of other tower or facility owners to entertain shared use. b. The proposed co -location of an existing tower or facility would be in violation of any state or federal law. c. The planned equipment would exceed the structural capacity of existing towers, as documented by a qualified and licensed structural engineer. 26 Chapter 4 SPECIF[C USE STANDARDS 612105 d. The planned equipment would cause interference, materially impacting the usability of other existing or planned equipment on the tower as documented by a qualified and licensed engineer. e. Existing or approved towers cannot accommodate the planned equipment at a height necessary to function reasonably as documented by a qualified and licensed engineer. 3. All proposed communication towers shall be designed (structurally, electrically, and in all respects) to accommodate both the applicant's antennae and comparable antennae for at least two (2) additional users if the tower is over one hundred ten feet (110') in height and for at least one (1) additional user it the tower is over fifty feet (50') in height. K. Abandoned or unused towers or portions of towers: All abandoned or unused towers and associated facilities shall be required to be removed within sixty (60) days of cessation of use as a wireless communication facility, unless a time extension is granted by the city council. A copy of the relevant portions of a signed lease, which requires the applicant to remove the tower and associated facilities upon cessation of the use as a wireless communication facility, shall be submitted at the time of application and resubmitted upon renewal or termination. In the event that the tower and associated facilities are not removed within the sixty (60) days, the tower and associated facilities may be removed by the city and the costs of removal assessed against the real property. Chapter 4 SPECIFIC USE STANDARDS 612105 CHAPTER 5 ADMINISTRATION SECTIONS: 11-5-1: PURPOSE 11-5-2: APPLICABILITY 11-5-1: PURPOSE: The purpose of this Chapter is to set forth the roles, responsibilities and processes in the administration of permits that are authorized by this Title and consistent with Idaho Code §67-6502 et seq. as amended. 11-5-2: APPLICABILITY: A. All applications shall be administered in accord with Article A. general provisions of this Chapter. B. All applications shall be administered in accord with Article B. specific provisions of this Chapter. C. Surety agreements shall be in accord with Article C. surety agreements of this Chapter. Chapter 5 ADMINISTRATION 612105 CHAPTER 5 ADMINISTRATION ARTICLE A. GENERAL PROVISIONS ARTICLE A. SECTIONS: 11-5A-1: PURPOSE 11-5A-2: DUTIES AND AUTHORITY 11-5A-3: APPLICATION PROCESS 11-5A-4: ADMINISTRATIVE PROCESS 11-5A-5: PUBLIC HEARING PROCESS 11-5A-6: CITY COUNCIL REVIEW PROCESS 11-5A-7: FEES 11-5A-1: PURPOSE: The purpose of this Chapter is to set forth the roles, responsibilities, and processes in the administration of permits that are authorized by this Title consistent with Idaho Code §67-6502 et seq. as amended. 11-5A-2: DUTIES AND AUTHORITY: A. City Council: The Meridian City Council shall have the authority to set policy and legislation affecting land use and the administration of this Title. The City Council shall act on recommendations from the Planning and Zoning Commission in legislative and quasi-judicial matters and serve as a review authority on appeals of discretionary and administrative actions. (See Table 11-5A-1.) B. Planning and Zoning Commission. The Planning and Zoning Commission shall be the designated planning agency for the City. The Planning and Zoning Commission shall be responsible for final action on discretionary permits and for recommendations to the City Council on land use legislation, comprehensive plan amendments and quasi-judicial matters. In addition to the duties listed in Title 1 of the Meridian City Code, the duties of the Planning and Zoning Commission regarding implementation of this Title shall be as follows: 1. Provide for citizen meetings, hearings, surveys, or other methods to obtain advice on the planning process, Comprehensive Plan, and implementation; 2. Conduct informational meetings and consult with public officials and agencies, public utility companies, and civic, educational, professional, or other organizations; 3. Promote a public interest in and understanding of the Commission's activities; 4. Make recommendations to the Council concerning the Comprehensive Plan, planning process, or implementation of the Comprehensive Plan; and Chapter 5 Article A. GENERAL PROVISIONS 612165 5. Conduct public hearings and make recommendations based on the required findings and standards to the City Council for applications in accord with Table 11-5A-1. C. Planning Department Director: The Director shall be appointed by the mayor and confirmed by a majority of the City Council as the administrative official for the Unified Development Code. The Director or his or her authorized staff shall administer and enforce this Title and fulfill all the duties imposed by law including, but not limited to: 1. The Director shall make interpretations in the enforcement and administration of this Title (See Table 11-5A-1) including, but not limited to, those in Chapter 1 GENERAL PROVISIONS of this Title and the following: a. Conduct investigations of structures and use of property as are necessary to determine compliance with the regulations of this Title; b. Order the abatement of violations of this Title and aid in prosecuting such violations; c. Withhold any Certificate of Zoning Compliances on any property where structures or uses are in violation of the Unified Development Code; and d. Enforce penalties for violations in accord with Meridian City Code 6-1-6. 2. The Director shall provide information to the public on planning, and zoning, matters. 3. The Director shall receive and examine applications including, but not limited to, the following: a. With the consent of the owner, enter upon any property to make examinations and surveys; b. Maintain records of all materials and correspondence related to land use applications; c. Transmit to outside agencies and provide written notice to surrounding property owners on all Commission and Council hearings; d. Maintain records of the Commission and Council hearings and actions thereon; e. Transmit to the Commission or Council all applications related to this Title. 4. The Director shall issue Certificates of Zoning Compliance. Chapter 5 Article A. GENERAL PROVISIONS 6/2105 5. The Director shall review and act on requests for Alternative Compliance as identified in Table 11-513-1. D. The following is a summary list of the actions that the City shall take in administration of this Title, the body responsible for the action, and reference to the process under which the action shall be taken. In the case of a permit requiring action from more than one decision body, the permits shall be combined and the decision-making body with the highest authority shall be responsible for all decisions. TABLE 11-5A-1: DECISION-MAKING AUTHORITY BYAPPLICA TION APPLICATION RECt]MMENDING DECISIptJ MAKING PROCESS BODY' Accesso use NONE D N Accessory use, home occupation with no customers or clients NONE D A Administrative desi n review NONE D A Alternative compliance NONE D A Annexation and/or rezone PZ CC PH Cjfy council review NONE CC PH Certificate of.occupancy NONE D A Certificate of zoning compliance NONE D A Com rehensive plan amendment PZ CC PH Conditional use D PZ PH Landscaping lans NONE D A Modifications to an approved permit same decision -matter andprocess as initial approval Planned unit development PZ CC PH Plat, combination PZ CC PH Plat, final D CC A Plat, preliminary PZ CC PH Plat, short NONE D A Pro a boundary ad'ustment NONE D A Sin NONE D A Temporary use NONE D A Unified development code amendment PZ CC PH Vacations, exempt per Idaho Code §5-1306A(5) NONE D A all others I D CC PH Variance D CC PH CC City Council A Administrative D ;Director, N Administrative vnth public nonce PZ..Planrii€i and;Zomn-Cnrdmiss�ori _ ......: PH".,Pub hc_Heann . �..`., ..-- 11-5A-3: APPLICATION PROCESS: A. Purpose: The purpose of this section is to outline the general application process for a permit or decision under provisions of this Title. B. Application requirements: 3 Chapter 5 Article A. GENERAL PROVISIONS 612105 1. All persons making application for permits and decisions in accord with this Title shall submit an application to the Director on forms approved by the Planning and Zoning Commission and provided by the Planning Department. 2. Prior to the commencement of any substantive changes to the application requirements, Director shall submit the changes to the Planning and Zoning Commission at a public hearing. C. Determination of completeness: 1. An application shall contain all information deemed necessary by the Director to determine if the proposed permit or action will comply with the requirements of the applicable district or development regulation. 2. Upon receipt of a compete application, the City will issue a notice of application acceptance and completion. 3. The Director shall assign a file number and begin processing the application once the application is deemed complete. D. Fee: All complete applications shall be accompanied by a filing fee in an amount established by City ordinance or resolution. E. Resubmitted: No application that has been denied by the Director, the Commission, or the Council shall be resubmitted, in substantially the same form for the same use, within one (1) year from the date of denial. The Director may waive the one- (1) year requirement and accept a new application, where the subject property is affected by amendments to the Comprehensive Pian or to this Title. F. Request for City Council review: The City Council may be asked to review any decision of the Director or the Commission by an applicant, any party of a record or a City Council member through the provisions set forth in Section 11-5A-6 city council review process. 11-5A-4: ADMINISTRATIVE PROCESS: A. The Director may require conditions of approval that are deemed necessary to protect the public health, safety, and welfare and prevent undue adverse impacts on surrounding properties. B. The Director shall provide the applicant written findings of fact and conclusions of law in accord with Idaho Code §67-6519 stating the reasons for the decision reached. All conditions of approval shall be attached to the written decision. 4 Chapter 5 Article A. GENERAL PROVISIONS 6/2/05 C. Mailed notice of the Director's decision shall be sent to all parties of record. Any person aggrieved by the Director's decision may submit a written request for City Council review in accord with Section 11-5A-6 of this Chapter. The Director's decision is not final until the end of the fifteen- (15) day appeal period. 11-5A-5: PUBLIC HEARING PROCESS: A. Decisions on permits and requests for action requiring a public hearing are based on standards that require substantial discretion and are matters having broad public interest. B. Applicants for permits requiring a public hearing are required to conduct a pre - application meeting with the Department. C. Neighborhood meetings. 1. Applicants are required to hold a neighborhood meeting to provide an opportunity for public review of the proposed project prior to the submittal of an application. 2. Notice of the neighborhood meeting shall be provided to all property owners of record within three hundred feet (300') of the exterior boundary of the application property. Notice of the meeting shall be either hand -delivered or mailed to the recipients. 3. Notice of the meeting shall be provided at least five days (5) prior to the meeting. The meeting shall be held not more than three (3) months or less than five (5) days prior to the submittal of an application. D. Posting of public hearing notice 1. All applications requiring a public hearing shall post the subject property, except posting is not required for a Unified Development Code text amendment, a Comprehensive Plan text amendment and/or vacations. 2. Not less than ten (10) days prior to the hearing, the applicant shall post a copy of the public hearing notice of the application on the property under consideration. Except as noted herein, posting of the property must be in substantial compliance with the following requirements: a. Conditional Use Permit applications for daycare, group; and annexation, preliminary plat, variance, rezone, and comprehensive plan amendment applications for properties of land less than three (3) acres in size: The applicant shall post a sign consisting of one eleven -inch by seventeen- inch (11" x 17") piece of paper mounted to a rigid surface of at least equal size, or other material stating the name of the applicant, a statement concerning the proposed development, and the date, time and location of the public hearing. b. All other hearings shall require the following posting notice: 5 Chapter 5 Article A. GENERAL PROVISIONS 612105 i. The sign(s) shall consist of four -foot by four -foot (4' x 4) plywood or other hard surface mounted on two (2) four -inch by four -inch (4" x 4") posts, or attached to another Director -approved support in such a manner that it is perpendicular to the roadway along which the sign is posted and the bottom of the sign is at least three feet (3') above the ground. ii. Centered at the top of the four -foot by four -foot (4' x 4') signboard(s) in six inch (6") letters shall be the words "City of Meridian Public Hearing Notice." In addition, each sign will inform the public of the nature of the hearing, the date, time and address of the hearing location, a summary of the proposal to be considered, a city contact phone number, the location of the development and the name of the applicant, and if applicable, the proposed development. Each sign shall be painted white, and the letters shall be painted black and shall appear on both sides. An example of this sign is set forth below. Size = six inches (6") Size = two inches (2") Size = one and one-half inches (1.5") CITY OF MERIDIAN PUBLIC HEARING NOTICE Meridian Planning and Zoning Commission THE CITY OF MERIDIAN will hold a public hearing on January 1, 2001, at 7:00 p.m. at the Meridian City Hall (33 E. Idaho), PURPOSE: Annexation and Zoning — You Name it Subdivision - Zoning R-4, Subdivision Preliminary Plat, 7.66 acres, 29 lots, single-family dwelling, 1 lot open space/drainage wllandscape entryway. PROPERTY LOCATION: SW corner of Ustick Rd. and Linder Rd. APPLICATION BY. John and Jane Doe Contact a City Planner at 884-5533 with any questions. 2. Sign placement: The signs shall be posted on the land being considered along each roadway that is adjacent to the subject property boundaries. The sign(s) shall be located on the property, outside of the public right-of-way. If the sign cannot be placed on the property and still be clearly visible, the sign may be placed within the right-of-way if the applicant can obtain the consent of the owner of the right-of-way. 3. Proof of posting: The applicant shall submit a notarized statement and a photograph of the posting to the City no later than seven (7) days prior to the public hearing attesting to where and when the sign(s) were posted. Unless Certificate is received by such date, the hearing will be continued. Chapter 5 Article A. GENERAL PROVISIONS 6/2/05 4. Sign removal: The signs shall be removed no later than three (3) days after the public hearing for which the sign had been posted is ended. E. Mailing and publishing of the public hearing notice 1. Legal Notice: At least fifteen (15) days prior to the public hearing, the City shall publish a notice of the time and place and a summary of the application in the official newspaper of general circulation in Ada County. 2. Radius notice: a. At least fifteen (15) days prior to the public hearing, the City shall send a notice by first class mail of the time and place, and a summary of the application to property owners or purchasers of record (as listed in the current records of the Ada County Assessor) owning property within three hundred feet (300') of the property being considered. b. The noticing shall be extended to property owners within one thousand feet (1,000') of the external property boundaries for heavy industries and wireless communication facilities. c. The Director may determine, or other applications provided for in this Title may require, that notices be sent to property owners or purchasers of record whose properties are further than three hundred feet (300') or one thousand feet (1,000') from the external boundaries of the property. 3. Alternate forms of notice. When posted or mailed notice is required of two hundred (200) or more property owners or purchasers of record, alternate forms of notice may be provided as follows: a. In lieu of mailed notice, one (1) additional notice of the time and place of the hearing and summary of the proposal shall be published in a newspaper of general circulation within the County, not less than ten (10) days prior to the hearing; and/or b. At least seven (7) days prior to the hearing, a public service announcement shall be made available to newspapers, radio, and television stations servicing the City. 4. Notice to other jurisdictions: The City shall send notice of the application to other jurisdictions with interest and/or authority over the application, including but not limited, to the following: a. Other jurisdictions with joint jurisdiction; b. Appropriate utility companies, irrigation companies or districts and drainage districts; Chapter 5 Article A. GENERAL PROV[SIONS 612105 c. Health and transportation authorities; and d. School district. F. Public hearing 1. The City Council and/or Planning and Zoning Commission shall conduct the public hearing in accord with the procedures set forth in Title 1 of the Meridian City Code. 2. If the decision-making body (see Table 11-5A-1) finds that it does not have sufficient information to make a decision, it may continue the public hearing. The decision-making body may also choose to conduct a study session with all parties of record to address questions and issues related to the application. 3. The decision-making body (see Table 11-5A-1) may require or recommend conditions of approval that it deems necessary to protect the public health, safety, and welfare and/or to prevent undue adverse impacts on surrounding properties. 4. After the conduct of the public hearing, the Planning and Zoning Commission may recommend approval, recommend denial, approve, approve with conditions, or deny the application request; the City Council may approve, approve with conditions, or deny the application request. 5. The decision-making body (see Table 11-5A-1) action shall be made within seventy (70) days after receiving all information to make a decision or seventy (70) days from the last meeting where the application is considered if additional information is not needed. For applications where the Commission is acting as a recommending body, the Commission shall forward its recommendation to the Council within forty-five (45) days. 6. The decision-making body (see Table 11-5A-1) shall provide the applicant written findings of fact and conclusions of law in accord with Idaho Code §67- 6519 and §67-6535 stating the reasons for the decision reached. Conditions of approval shall be attached to the written decision or recommendation. 11-5A-6: CITY COUNCIL REVIEW PROCESS: A. Request for City Council review of a decision of the Director or the Planning and Zoning Commission concerning the administration of this Title may be made by an applicant, the Director, or a party of record. B. All requests for review shall be filed in writing with the Department within fifteen (15) days after the written decision is issued. The request shall include the following information: 1. The decision being requested for review; 8 Chapter 5 Article A. GENERAL PROVISIONS 612105 2. The name and address of the person requesting the review and their interest in the matter; and 3. The specific grounds upon which the request is made. C. After receipt of a request for review of the action of the Director or Commission, the Council shall hold a de nova public hearing to reach a decision to uphold or overrule the action. D. By simple majority vote, the City Council may uphold or overrule the decision. 1. In the case of consideration of a decision of the Director: a. If the action is overruled, the City Council shall issue a written decision and send the matter back to the Director for action consistent with the City Council's decision. b. If the action of the Director is upheld, the City Council shall issue a written decision stating the decision and the reasons for the decision. 2. In the case of consideration of a decision of the Commission, if the decision is overruled, the Council shall issue findings consistent with the decision. E. Stay of proceedings. A request for City Council review stays all proceedings in furtherance of the action unless the Director certifies to the Council or Commission, after notice of the request is filed, that by reason of facts stated in the application, a stay would in the Director's opinion cause imminent peril to life and property. In such cases, proceedings shall not be stayed other than by a restraining order which may be granted by the Council or court based on an application, with notice showing due cause. F. Notification: Within ten (10) days, after a decision has been rendered by the City Council, the Director shall send a copy of the written decision to the individual requesting the City Council review and the applicant, as may be applicable. 11-5A-7: FEES: In the application of fees for the review of permit applications, the following rules shall apply: A. Basis for calculation: For any requested public hearing involving more than one (1) classification of a petition or application, the filing fee shall be calculated on the basis of the cumulative fee for the individual application(s). B. Waiver of fee: Notwithstanding any of the preceding fee schedules, the City Council shall have the authority to waive in whole or in part any application fee when such a fee would present a hardship. An applicant for a hardship waiver must present the request in writing to the City Council, outlining the degree of such hardship. 9 Chapter 5 Article A. GENERAL PROVISIONS 612105 C. Fees not refundable. Fees to be charged for the various procedures stated above are not refundable, except where a petition or application is withdrawn at least three (3) weeks prior to the date of its scheduled public hearing, and then only after order by the City Council. Chapter 5 Article A. GENERAL PROVISIONS 612105 CHAPTER 5 ADMINISTRATION ARTICLE B. SPECIFIC PROVISIONS ARTICLE B. SECTIONS: 11-58-1: CERTIFICATE OF ZONING COMPLIANCE 11-513-2: UNIFIED DEVELOPMENT CODE AMENDMENTS 11-58-3: ANNEXATIONS AND REZONES 11 -513-4: VARIANCES 11-513-5: ALTERNATIVE COMPLIANCE 11-58-6: CONDITIONAL USES 11-513-1: CERTIFICATE OF ZONING COMPLIANCE: A. Purpose: The purpose of the Certificate of Zoning Compliance is to ensure that all construction, alterations and/or the establishment of a new use complies with all of the provisions of this Title before any work on the structure is started and/or the use is established. B. Applicability: These provisions apply to all requests for permits that involve construction, exterior alterations and/or the establishment of a new use. These provisions do not apply to tenant improvements where the footprint of an existing structure is not enlarged. C. Process: A Certificate of Zoning Compliance shall be issued by the Director when there is a demonstration that the development complies with all provisions of this Title. 1. No Certificate of Zoning Compliance shall be issued for any use on a property in violation of this Title or on a property that contains structures or uses in violation of this Title. 2. The Certificate of Zoning Compliance shall be invalid: a. If the Certificate was secured in violation of a State or Federal law; b. Upon violation of any regulations of this Title on the subject property; or c. If the conditions of the Certificate of Zoning Compliance have been violated. All further work shall cease on a project until the violation has been remedied. 3. Certificate of Zoning Compliances issued in conjunction with a proposed use shall expire if said use has not commenced within one (1) year of the date of issuance of the Certificate of Zoning Compliance. Chapter 5 Article B. SPECIFIC PROVISIONS 612105 4. Certificate of Zoning Compliances issued in conjunction with construction or alteration of a structure shall expire if said construction or alteration has not commenced within one (1) year of the date of issuance of the Certificate of Zoning Compliance, 5. The Certificate of Zoning Compliance may require inspections and approvals specified in the approval of the application. 11-58-2: UNIFIED DEVELOPMENT CODE TEXT AMENDMENTS: A. Purpose: The purpose of this section is to establish procedures for amendments to the text, tables and graphics of this Title. B. Applicability: The provisions of this section shall apply to all text within this Title. C. Process: 1. Unified Development Code Amendment initiated by the City. The Planning and Zoning Commission may propose to amend this Title following notice and public hearing procedures in Article A. GENERAL PROVISIONS of this Chapter. 2. Unified Development Amendment initiated by a property owner. The applicant shall complete a pre -application conference with the Director prior to submittal of an application for a Unified Development Code text amendment. An application and fees, in accord with Article A. GENERAL PROVISIONS of this Chapter, shall be submitted to the Director on forms provided by the Department. 3. The Council shall apply the standard listed in Section 11 -5B -2D and the findings listed in Section 11-56-2E of this Title to review the Unified Development Code text amendment. D. Required findings. Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant a text amendment to the Unified Development Code, the Council shall make the following findings: 1. The text amendment complies with the applicable provisions of the comprehensive plan; 2. The text amendment shall not be materially detrimental to the public health, safety, and welfare; and 3. The text amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts. 2 Chapter 5 Article B. SPECIFIC PROVISIONS 6/2/05 11-513-3: ANNEXATIONS AND REZONES: A. Purpose: The purpose of this section is to establish procedures for annexations and rezones, including amendments to the Official Zoning Maps. B. Applicability: The provisions of this section shall apply to all lands within the legally defined Meridian City limits, the Meridian Area of City Impact, and all other annexable properties as set forth in Idaho Code §50-222. C. Process: 1. Annexation and/or rezone initiated by Council. The City Council shall follow the procedures for annexation as set forth in Idaho Code § 50-222. 2. Annexation and/or rezone initiated by property owner. The applicant shall complete a pre -application conference with the Director prior to submittal of an application for an Annexation and/or Rezone. An application and fees, in accord with Article A. GENERAL PROVISIONS of this Chapter, shall be submitted to the Director on forms provided by the Department. 3. The Council shall apply the standard listed in Section 11-513-31D and the findings listed in Section 11 -5B -3E of this Title to review the annexation and/or rezone request. D. Standards: 1. The subject property shall meet the minimum dimensional standards of the proposed district. 2. The City may require a development agreement in conjunction with the annexation or rezone pursuant to Idaho Code §65-6711A. a. The termination of a development agreement shall result in the reversal of the Official Zoning map amendment approval and applicable development approval for any undeveloped portion of property subject to the development agreement. The undeveloped property subject to the development agreement shall be rezoned to the district classification in effect prior to approval of the development agreement. b. Any action by the Council to amend or terminate a previously recorded development agreement shall be recorded in the office of the Ada County Recorder by the Clerk to the Council. E. Required Findings. Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: 3 Chapter 5 Article B. SPECIFIC PROVISIONS 612105 1. The map amendment complies with the applicable provisions of the comprehensive plan; 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; and 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts. 5. The annexation (as applicable) is in the best of interest of City. 11-513-4: VARIANCES; A. Purpose: The purpose of this section is to establish procedures for modification from the bulk and placement requirements of this Title. B. Applicability: The provisions of this section shall apply to requests to vary from the requirements of this Title with respect to lot size, width, and depth; front, side, and rear setbacks; parking spaces; building height; and all other provisions of this Title affecting the size and shape of a structure or the placement upon properties. C. Process. 1. The applicant shall complete a pre -application conference with the Director prior to submittal of an application for a variance. 2. An application and fees, in accord with Article A. GENERAL PROVISIONS of this Chapter, shall be submitted to the Director on forms provided by the Planning Department. 3. The Council shall apply the standards listed in Section 11 -5B -4.D and all the findings listed in Section 11-513-4.E of this Title to review the variance. D. Standard. The variance shall comply with Idaho Code §67-6516. E. Required findings. In order to grant a variance, the Council shall make the following findings: 1. The variance shall not grant a right or special privilege that is not otherwise allowed in the district; 2. The variance relieves an undue hardship because of characteristics of the site; and 4 Chapter 5 Article B. SPECIFIC PROVISIONS 612105 3. The variance shall not be detrimental to the public health, safety, and welfare. 11-56-5: ALTERNATIVE COMPLIANCE: A. Purpose: The purpose of this process is to provide for alternative means in which to meet the intended purposes of certain development regulations when explicit compliance is not feasible or the alternative means is superior to what is required. The regulations of this section are intended to encourage creative solutions to land use problems. The City recognizes that some specific requirements of this Title do not anticipate all possible situations. Further, the City recognizes that there may be land use proposals that conform to the purpose, intent, and objectives of the regulations in this Title but were not anticipated in the specific regulations. This subsection sets forth an alternative method of compliance in the event of these situations. B. Applicability: 1. This process is intended to replace specific requirements as set forth throughout this Title as follows: TABLE 11-5A-9: ALTERNATIVE COMPLIANCE PERMIT .:'SECTION' Block length in the TN -C and TN -R Districts 11-6C-3 Common driveway 11-6C-3 Fence requirements 11-3A-7 Height maximum in commercial districts 11-2B-3 Height Maximum in industrial districts 11-2C-3 Landscape buffer for wireless communication facilities 11-4-3.43 Landscape requirements 11-38 Landscaping for base of freestanding sin 11-3D-5 Outdoor lighting requirements 11-3A-7 Parking and loading Ian requirements 11-3C-5 Parldng requirements 11-3C-6 Private street standards 11-3F-4 Sin location in the 0-T District 11-313-5 Structures subject to design review 11-3A-21 2. Requests for alternative compliance are allowed only when one (1 ) or more of the following conditions exists: a. Topography, soil, vegetation, or other site conditions are such that full compliance is impossible or impractical; b. The site involves space limitations or an unusually shaped lot; c. Safety considerations make alternative compliance desirable; 5 Chapter 5 Article B. SPECIFIC PROVISIONS 6/2/05 d. Other regulatory agencies or departments having jurisdiction are requiring design standards that conflict with the requirements of this Article; e. The proposed design includes innovative design features based on "New Urbanism," "Neo -Traditional Design," or other site designs that promote walkable and mixed use neighborhoods; or f. Additional environmental quality improvements would result from the alternative compliance. 3. Requests for alternative compliance of the landscaping requirements may also be based on the following conditions: a. Because of a change of use on an existing site, the required landscape buffer is larger than can be provided; or b. The applicant is proposing a pond with a permanent water level in a required landscape area. C. Process: 1. The applicant shall submit a written application for alternative compliance prior to the submittal of a development application or upon the determination that the development request does not comply with specific provisions of this Title. 2. An application and fees, in accord with Article A. GENERAL PROVISIONS of this Chapter, shall be submitted to the Director on forms provided by the Development Services Department. 3. The application shall specify: a. the specific requirements that are proposed to be modified; b. the reasons for the modification; and c. a demonstration of how the alternative means for compliance meets the requirements' intended purpose. 4. The Director shall apply the standard listed in Section 11 -5B -4.D and the findings listed in Section 11 -3B -4.E of this Title to review the request for alternative compliance. D. Standard: The proposed alternative means for compliance with the specific requirements shall demonstrate that the alternative provides an equal or superior means of meeting the intent and purpose of the regulation. E. Required findings: In order to grant approval for an alternative compliance, the Director shall determine the following: 6 Chapter 5 Article B. SPECIFIC PROVISIONS 612105 1. Strict adherence or application of the requirements are not feasible; or 2. The alternative compliance provides an equal or superior means for meeting the requirements; and 3. The alternative means will not be materially detrimental to the public welfare or impair the intended uses and character of surrounding properties. F. Precedent: Alternative compliance shall be limited to the specific project under consideration and shall not establish precedent for acceptance in other cases. 11-58-6: COiVDITIONAL USES: A. Purpose: The purpose of this section is to establish procedures that allow for a particular use on a particular property subject to specific terms and conditions of approval. B. Applicability: The provisions of this section apply to all uses identified as conditional use in Chapter 2 district regulations and as otherwise required by specific development standards in Chapter specific use standards. C. Process: 1. The applicant shall complete a pre -application conference with the Director prior to submittal of an application for a conditional use. 2. An application and fees, in accord with Article A. GENERAL PROVISIONS of this Chapter, shall be submitted to the Director on forms provided by the Planning Department. 3. The Director may require additional information concerning the social, economic, fiscal or environmental effects of the proposed conditional use. D. Standards: In approving any conditional use, the decision-making body may prescribe appropriate conditions, bonds and safeguards in conformity with this Title that: 1. Minimize adverse impact of the use on other property. 2. Control the sequence and tim ing of the use. 3. Control the duration of the use, 4. Assure that the use and the property in which the use is located is maintained properly. 5. Designate the exact location and nature of the use and the property developm ent. 7 Chapter 5 Article B. SPECIFIC PROVISIONS 612/05 6. Require the provision for on-site or off-site public facilities or services. 7. Require more restrictive standards than those generally required in this Title. 8. Require mitigation of adverse impacts of the proposed development upon service delivery by any political subdivision, including school districts, that provides services within the City. E. Findings: The Commission shall base its determination on the Conditional Use Permit request upon the following: 1. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. 2. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. 3. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. 4. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. 5. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, and sewer. 6. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. 7. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 8. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. F. Time limitations and extensions: Chapter 5 Article B. SPECIFIC PROVISIONS 612105 1. A Conditional Use Permit, when granted, shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the City. During this time, the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. 2. For Conditional Use Permit that also require platting, the final plat must be recorded within this eighteen- (18) month period. 3. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one (1) year from the original date of approval. If the successive phases are not submitted within the one- (1) year interval, the conditional approval of the future phases shall be null and void. 4. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-513-6.G.1 of this section, the Director may authorize a single extension of time to commence the use not to exceed one eighteen (18) month period. Additional time extensions up to eighteen (18) months as determined and approved by the Commission may be granted. With all extensions, the Director or Commission may require the conditional use comply with the current provisions of this Chapter. 5. Approval of requests for time extension to an approved conditional use shall be determined by the decision-making body at a public hearing and will not be granted if any of the following conditions exist: a. Significant amendments to the Comprehensive Plan or Unified Development Code have been adopted that change the basis under which the Conditional Use Permit was granted. b. Significant changes in land use have occurred in the area that will impact or be impacted by the project. c. Hazardous conditions have developed or have been discovered that will impact the project. d. Community facilities and services are no longer adequate to serve the project. 6. The Commission may place additional requirements, modify the previous approval or deny the request. 7. No more than two (2) one- (1) year time extensions may be granted to a single conditional use. G. Transfers and Modifications: Chapter 5 Article B. SPECIFIC PROVISIONS 6/2/05 1. With the exceptions of child care services, Conditional Use Permit are an entitlement to the specific property on which the approval was granted and upon property sale the entitlement transfers to the new owner(s) without further application or approval, provided, however, the new owner(s) shall be bound by the same time limits and conditions of approval as the original permit holder(s). A Conditional Use Permit is not transferable from one property to another. 2. The Director may approve or deny specified minor modifications, provided such modifications were not the subject of review during the original public hearing and will not adversely impact adjacent properties. Such minor modifications include, but are not limited to, the following: a. A reduction in density not exceeding twenty-five percent (25%) of the total units. b. Minor relocation of dwelling units or building pads for practical reasons such as road alignment, topography or access. c. Minor changes to the recreation area or open space design, but not elimination or reduction in area. d. Increase in building square footage, not exceeding twenty percent (20%), provided that the parking and landscaping requirements are met. 3. All other modifications shall be considered by the Planning and Zoning Commission at a public hearing. The Commission may modify the conditions, limitations and/or scope of the permit, in accord with the limitations and requirements of Section 11-513-613 of this Article. 4. A change in ownership for a day care facility or group day care facility for children shall require a modification to the original approval. H. Revocation. 1. A Conditional Use Permit may be revoked or modified the City Council, upon notice and hearing, for breach or violation of any condition of approval or limitation of the permit. 2. If City Council decides to revoke a Conditional Use Permit, either on its own action or upon complaint to the City Council, the Council shall notify the permit holder of its intention to revoke the conditional use permit and provide the permit holder with the opportunity to contest the revocation. 3. Fifteen (15) days' prior notice of the hearing shall be given to the permit holder and all property owners within three hundred feet (300') of the boundaries of the land that was issued the permit. 4. The City Council shall make findings of fact and conclusions of law supporting its decision to revoke the Conditional Use Permit. If the Council does not 10 Chapter 5 Article B. SPECIFIC PROVISIONS 612105 decide to revoke the Conditional Use Permit, no findings of fact and conclusions of law shall be made. 5. An aggrieved permit holder or complainant may appeal the decision of the City Council under the Administrative Procedures Act of the State of Idaho, Idaho Code §67-5215(b) through (g). Chapter 5 Article B. SPECIFIC PROVISIONS 612105 CHAPTER ADMINISTRATION ARTICLE C. SURETY AGREEMENTS ARTICLE C. SECTIONS: 11-5C-1: PURPOSE 11-5C-2: APPLICABILITY 11-5C-3: PROCESS 11-5C-4: PENALTY FOR FAILURE TO COMPLETE CONSTRUCTION 11-5C-1: PURPOSE: The purpose of this section is to establish procedures that guarantee the completion of improvements where occupancy of a structure is desired, but the improvements required by the City have not been completed. 11-5C-2: APPLICABILITY: The provisions of this section shall apply only to those improvements that are not needed to protect the public heath, safety and life. Applicable improvements include landscaping, fencing, pressurized irrigation systems and site amenities. The following improvements must be installed and are not eligible for surety: water, sewer, and power facilities; parking lot paving and striping; and street paving. 11-5C-3: PROCESS: A. The City may withhold building, electrical or plumbing permits, certificates of zoning compliance, or certificates of occupancy on the lots or land being developed or subdivided, or the structures constructed thereon, if the improvements required under this Title have not been constructed or installed, or if such improvements are not functioning properly. B. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. C. In the event that an applicant and/or owner cannot complete the non- life, safety and health improvements, such as landscaping, pressurized irrigation, and fencing, within the time specified in the final plat approval or prior to occupancy, a surety agreement may be approved in accord with the procedures set forth in Chapter 5 administration. D. The amount of surety called for shall be equal to not less than 110 percent of the cost of completing the required improvements. The estimated cost shall be provided by the applicant and reviewed and approved by the City Engineer, excluding landscape and fencing sureties. The estimated cost for landscape and fencing sureties shall be provided by the applicant and reviewed and approved by the Director. 1 Chapter 5 Article C. SURETY AGREEMENTS 612105 E. The surety shall be in the form of an irrevocable letter of credit or a cash deposit. In all cases the surety shall be drawn solely in favor of, and payable to, the order of the City of Meridian, in accord with the regulations contained in the surety agreement by and between the guarantor and the City of Meridian. F. Where a surety is accepted by the City and deposited as provided by this Article, the City may release temporary occupancy of a structure or structures. The term of the temporary occupancy shall be determined by the City Engineer and/or Director. The term shall not exceed one hundred eighty days (180) in length. G. Where a surety is accepted by the City and deposited as provided by this Article, the surety shall be released subject to the following regulations: 1. The owner shall submit a written request to the City to return the surety. The request shall include the following documents: a. A statement from the owner that the required improvements are complete. b. Two sets of prints of the as -built plans and specifications for all improvements. 2. The City Engineer and/or Director shall verify and certify that the required improvements, as detailed in the surety agreement, have been installed. The as -built plans shall be reviewed and approved by the City Engineer or Director. 3. Upon certification of the City Engineer and/or the Director, the City shall release the sureties heretofore deposited in the manner and to the extent as provided for in the surety agreement in accord with the regulations of this Article. 11- 5C-4: PENALTY FOR FAILURE TO COMPLETE CONSTRUCTION: In the event an applicant and/or owner shall, in any case, fail to complete the public improvements in the time period required, the City Council may proceed to have such work completed and recover the city's costs by any legal means available, including: foreclosing its lien or, in the event financial guarantees have been required, to pursue the remedies provided by those financial guarantees. Chapter 5 Article C. SURETY AGREEMENTS 612105 CHAPTER SUBDIVISION REGULATIONS SECTIONS: 11-6-1: PURPOSE 11-6-2: APPLICABILITY 11-6-1: PURPOSE: The purpose of this Chapter shall be to implement a general rule and standards for the subdivision of the land in the Meridian City limits and the Area of City Impact. 11-6-2: APPLICABILITY: A. All subdivision applications shall be administered in accord with Article A. general provisions of this Chapter. B. All subdivision applications shall be processed in accord with Article B. subdivision process of this Chapter. C. All subdivisions shall meet the design standards as set forth in Article C. subdivision design standards of this Chapter. Chapter 6 SUBDIVISION REGULATIONS 612105 CHAPTER SUBDIVISION REGULATIONS ARTICLE A. GENERAL PROVISIONS ARTICLE A. SECTIONS: 11-6A-1: PURPOSE 11-6A-2: APPLICABILITY 11-6A-3: AUTHORITY 11-6A-1: PURPOSE: The purpose of this Chapter shall be to implement a general rule for the subdivision of the land in the Meridian City limits and the Area of City Impact. This Chapter shall be based on the officially adopted Comprehensive Plan of the City and is enacted in order to promote and protect the public health, safety, comfort, convenience, prosperity, and general welfare and to achieve the following objectives: A. To promote the achievement of the proposals of the Meridian Comprehensive Plan; B. To advance the City as a self-sufficient employment and economic center; C. To encourage excellence and creativity in the design of all future developments and to preserve the natural beauty of Meridian. D. To encourage orderly growth and development, to avoid scattered development of land that results in: 1. Lack of water supply, sewer service, drainage, transportation facilities, or otherwise essential public services; or 2. Excessive expenditure of public funds for the supply of such services; E. To provide for desirable and appropriately located living areas and a variety of dwelling types and densities with adequate provision for sunlight, fresh air, and usable open space; F. To provide for the manner and form of making and filing of plats; G. To specify the requirements as to the extent and the m anner in which: 1. Roads and streets shall be created and improved; 2. Water and sewer and other utility mains, piping connections, or other facilities shall be installed; 3. Pedestrian pathways consistent with the Comprehensive Plan are to be located and designed; and 1 Chapter 6 Article A. GENERAL PROVISIONS 6/2/05 4. Opportunities for future transit routes and stations are created; H. To protect existing surface waters (Five Mile, Nine Mile, and Ten Mile Creeks) throughout the City; and I. To specify the administration of the regulations of this Chapter by defining the powers and duties of approval authorities. 11-6A-2: APPLICABILITY: These regulations shall apply to the subdivision of all land within the legally defined Meridian City limits and the Area of City impact. 11-6A-3: AUTHORITY: The Ordinance codified in this Chapter 6 SUBDIVISION REGULATIONS is adopted pursuant to authority granted by Idaho Code §67-6501 et seq. and Idaho Code §50-1301 et seq, and the Idaho Constitution article 12, section 2, as amended or subsequently codified. No subdivision plat required by this Chapter or the Idaho Code shall be admitted to the public land records of the County, or recorded by the County Recorder, until such subdivision plat has received final approval by the City Council and signature of the City Engineer. Chapter 6 Article A. GENERAL PROVISIONS 612105 CHAPTER 6 SUBDIVISION REGULATIONS ARTICLE B. SUBDIVISION PROCESS ARTICLE B. SECTIONS: 11-613-1: APPLICABILITY 11-6B-2: PRELIMINARY PLAT PROCESS 11-6B-3: FINAL PLAT PROCESS 11-613-4: COMBINED PRELIMINARY AND FINAL PLAT PROCESS 11-613-5: SHORT PLAT PROCESS 11-613-6: REQUIRED FINDINGS 11-613-7: TERM OF PERMITS 11-6B-8: PROPERTY BOUNDARY ADJUSTMENT 11-6B-1: APPLICABILITY: There are four processes that govern the subdivision of land: preliminary plat, final plat, short plat, and combined preliminary and final plat. The process to be followed will depend on the property, the number of lots created and the type of land use proposed and/or allowed on the property. The four processes apply to all requests for the subdivision of property with the following exceptions: A. A parcel created by court decree that meets the dimensional standards of the district in effect at the date of decree shall be deemed eligible for development. Any parcel created by court decree that does not meet the dimensional standards of the applicable districts in effect at the date of the court decree shall be recognized as a parcel for transfer of ownership; however, the parcel shall not be eligible for development including any building permits for renovation or repair of an existing structure. B. Property boundary adjustments: Adjustment of property lines in accord with Section 11-613-8 of this Chapter. 11-6B-2: PRELIMINARY PLAT PROCESS: A. Pre -application conference: The applicant shall complete a pre -application conference with the Director or designee prior to submittal of an application for a preliminary plat. The purpose of this meeting is to discuss early and informally the purpose and effect of this Title and the criteria and standards contained herein. B. Neighborhood meeting: In accord with Chapter 5 administration of this Title, applicants are required to hold a neighborhood meeting to provide an opportunity for public review of the proposed project prior to the submittal of an application. C. Application requirements: An application, map requirements, and fees, in accord with Chapter 5 administration of this Title shall be submitted to the Director. At the discretion of the Director or City Engineer, appropriate supplementary 1 Chapter 6 Article B. SUBDIVISION PROCESS 612105 information may also be required to sufficiently detail the proposed development within any special development area, including but not limited to hillside, planned unit development, floodplain, cemetery, manufactured home parks, and/or hazardous or unique areas of development. D. Public hearing Requirements: All preliminary plat applications shall comply with the public notice and hearing procedures in accord with Chapter 5 administration of this Title. E. Decision: In accord with Chapter 5 administration of this Title, a decision on a preliminary plat for a parcel of land is made by the City Council based on the recommendations of the Planning and Zoning Commission. 11-6B-3: FINAL PLAT PROCESS: A. Application requirements: After the approval or conditional approval of the preliminary plat, the applicant may cause the total parcel, or any part thereof, to be surveyed and a final plat prepared in accord with the approved preliminary plat. An application and fees, in accord with Chapter 5 administration of this Title shall be submitted to the Director on forms provided by the Planning Department. B. Contents of final plat: The final plat shall include and be in compliance with all items required under Idaho Code §50-1301 et seq. The final plat submittal shall include at least: 1. A written application for approval of such final plat as stipulated by the Commission; 2. Proof of current ownership of the real property included in the proposed final plat and consent of recorded owners of the plat; 3. Such other information as the Director or City Engineer may deem necessary to establish whether or not all proper parties have signed and/or approved said final plat; 4. A statement of conformance with the approved preliminary plat and meeting all requirements or conditions thereof; 5. A statement of conformance with all requirements and provisions of this Title; and 6. A statement of conformance with acceptable engineering, architectural and surveying practices and local standards. C. Director review: 2 Chapter 6 Article B. SUBDIVISION PROCESS 612105 1. Acceptance: Upon receipt of the final plat, and compliance with all other requirements as provided for herein, the Director shall certify the application as complete and shall affix the date of acceptance. 2. Substantial compliance:. a. The Director or designee shall review the final plat for substantial compliance with the approved or conditionally approved preliminary plat. The final plat shall be determined in substantial compliance with the preliminary plat, notwithstanding the following changes: iii. The number of buildable lots is the same or fewer; iv. The amount of common open space is increased; V. The amount of open space is relocated with no reduction in the total amount; vi. The number of open space lots has been increased; or vii. The Transportation Authority has required minor changes. b. If the number of buildable lots has increased or there has been an overall reduction in the amount of open space, the final plat shall be determined not to be in substantial compliance with the preliminary plat. If the Director determines that there is substantial difference in the final plat than that which was approved as a preliminary plat or conditions that have not been met, the Director may require that a new preliminary plat be submitted to the Commission. D. Decision on the final plat is made by the City Council in accord with Chapter administration of this Title. Each final plat approval shall indicate the timing of the construction and completion for all improvements and any required amenities associated with the plat. E. Recording of the final plat: Upon approval or approval with conditions by the Council and signature of the City Engineer, the applicant may submit the final plat to the Ada County Recorder for recording. The final plat shall contain the certifications required under Idaho Code §50-1301 et seq. as well as those required by the City of Meridian. 11-6B-4: COMBINED PRELIMINARY AND FINAL PLAT PROCESS: A. Applicability: A subdivision application may be processed as both a preliminary and final plat if all of the following exist: 1. The proposed subdivision does not exceed four (4) lots (excluding landscaping lots); or a previous plat was approved on the subject property; and 3 Chapter 6 Article B. SUBDIVISION PROCESS 612105 2. No new street dedication, excluding widening of an existing street, is required; and 3. No major special development considerations are involved, such as development in a floodplain or hillside development. B. Neighborhood meeting: In accord with Chapter 5 administration of this Title, applicants are required to hold a neighborhood meeting to provide an opportunity for public review of the proposed project prior to the submittal of an application. C. Application requirements: An application, and fees, in accord with Section 11-613- 3.A of this Chapter shall be submitted. D. Contents of final plat: The final plat shall include all items required in accord with Section 11-613-3.13 of this Chapter. E. Decision: In accord with Chapter 5 administration of this Title, a decision on a combined preliminary and final plat for a parcel of land is made by the City Council based on the recommendations of the Planning and Zoning Commission. A decision on a combined preliminary and final plat for platted land is made by the City Council. 11-66-5: SHORT PLAT PROCESS: A. Applicability: 1. A subdivision application for property within an industrial, commercial, TN -C or O -T district may be processed as a short plat. if all of the following exists: a. The property is an original parcel of record or a lot in a recorded subdivision. b. The property is not the result of a previous short plat of a parcel and/or the property is not the result of an approved parcel division by Ada County Development Services. c. The proposed subdivision does not exceed four (4) lots (excluding landscaping lots) on property previously platted property or does not exceed two (2) lots (excluding landscaping lots) on a parcel of land, or is the creation of condominium plat; and d. No new street dedication, excluding widening of an existing street is involved; e. There are no impacts on the health, safety or general welfare of the City, and the subdivision is in the best interest of the City. 2. A condominium plat application for property in any district may be processed as a short plat where no new development is proposed. 4 Chapter 6 Article B. SUBDIVISION PROCESS 612105 B. Pre -application conference: The applicant shall complete a pre -application conference with the Director or designee prior to submittal of an application for a preliminary plat. The purpose of this meeting is to discuss early and informally the purpose and effect of this Title and the criteria and standards contained herein. C. Application requirements: An application, map requirements, and fees, in accord with Section 11-66-3.A of this Chapter shall be submitted. D. Decision: In accord with Chapter 5 administration of this Title, a decision on a short plat is made by the Director with recommendation from the City Engineer. 11-613-6: REQUIRED FINDINGS: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: A. The plat is in conformance with the Comprehensive Plan; B. Public services are available or can be made available and are adequate to accommodate the proposed Bevel opment; C. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; D. There is public financial capability of supporting services for the proposed developm ent; E. The development will not be detrimental the public heath, safety or general welfare; and F. The development preserves significant natural, scenic or historic features. 11-613-7: TERM OF PERMITS: A. Failure To submit final plat: Approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to record a final plat within two (2) years of the approval of the preliminary plat or one (1) year of the combined preliminary and final plat or short plat. B. Phased development: In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen (18) months, may be considered for final approval without resubmission for preliminary plat approval C. Authorize extension: Upon written request and filed by the applicant prior to the termination of the period in accord withll-66-7.A. of this section, the Director may authorize a single extension of time to record the final plat not to exceed 5 Chapter 6 Article B. SUBDIVISION PROCESS 612105 eighteen (18) months. Additional time extensions up to eighteen (18) months as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of this Title. D. Failure to meet timetable: If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again. 11-66-8: PROPERTY BOUNDARY ADJUSTMENT: A. Purpose: The purpose of these regulations is to allow for the adjustment of property lines between existing properties, and to allow for the reduction in the number of buildable lots. A property boundary adjustment does not vacate the platted lot lines or easements of a recorded subdivision. B. Applicability: These provisions apply to all existing properties. C. Process: 1. Application. An application and fees, in accord with Chapter 5 ADMINISTRATION OF this Title, shall be submitted to the Director on forms provided by the Planning Department. 2. Upon tentative approval of the application by the Director subject to any applicable conditions of approval and the regulations of Chapter 5 ADMINISTRATION of this Title, the applicant or owner shall have one (1) year to complete the following tasks: a. Cause the property to be surveyed and a record of survey recorded; b. Execute and record the necessary deeds to accomplish the property boundary adjustments as approved; c. Obtain new tax parcel numbers from the Ada County Assessor; and d. Provide copies of the recorded record of survey, recorded deeds, and the new tax parcel numbers to the Director. 3. Upon determination by the Director that the final property boundary adjustment is in conformance with this Article, a certificate of zoning compliance shall be issued. D. Standards: 1. A property boundary adjustment shall not reduce the property size below the minimum dimensional standards prescribed by this Title; or if one or more of 6 Chapter 6 Article B. SUBDIVISION PROCESS 6/2/05 the properties is nonconforming as to the minimum dimensional standards prescribed by this Title, the property boundary adjustment shall not increase the nonconformity. 2. A property boundary adjustment shall not increase the original number of properties, and may decrease the original number of properties. 3. A property boundary adjustment shall not change or move any public streets or publicly dedicated areas in any manner. 4. Any private or public easement shall be vacated in accord with the requirements of this Title. Chapter 6 Article B. SUBDIVISION PROCESS 612105 CHAPTER 6 SUBDIVISION REGULATIONS ARTICLE C. SUBDIVISION DESIGN AND IMPROVEMENT STANDARDS ARTICLE C. SECTIONS: 11-6C-1: PURPOSE 11-6C-2: APPLICABILITY 11-6C-3 STANDARDS 11-6C-1: PURPOSE: The purpose of this Article is to establish minimum design and improvement standards in the subdivision of land to promote the public health, safety, and general welfare of present and future residents, and to provide for coordinated, efficient, and attractive development consistent with the provisions of the Meridian Comprehensive Plan. 11-6C- 2: APPLICABILITY: A. All plats submitted in accord with the provisions of this Chapter, and all subdivisions, improvements and facilities done, constructed or made in accord with said provisions shall comply with the minimum design standards set forth in this Article provided, however, that any higher standards adopted by any Transportation or Health Authority shall otherwise prevail. B. It shall be the responsibility and liability of every applicant, and the owner of the land being subdivided, to construct and install every improvement shown on the plat of the subdivision, represented to be included in the subdivision at any presentation before the Commission or the City Council, and all improvements required by the ordinances of the City specifically including the requirements of this Article, and this responsibility and liability shall be personal to the developer and the owner and shall also run with the land, and this responsibility and liability shall be shown on the plat of the subdivision. 11-6C-3: STANDARDS A. The plat shall comply with all applicable requirements as set forth in Chapter 3 regulations applying to all districts. B. Streets: 1. Dedication: Within a proposed subdivision, arterial and collector streets as shown on the comprehensive plan shall be dedicated to the public in all cases; in general, all other streets shall also be dedicated to pub[ic use. 2. Street Specifications: The design, location, and widths of all street and street intersections shall comply with the requirements of the Transportation Authority, unless alternative standards are adopted by the City of Meridian. 1 Chapter 6 Article C. SUBDIVISION DESIGN AND IMPROVEMENT STANDARDS 612105 3. Street Names: The naming of streets shall conform to the requirements of the Ada County Street Name Committee, with the following exceptions: a. The street name shall generally comply with Meridian City Code Section 8-2- 5 DESIGNATION OF STREET NAMES. b. Street names shall not duplicate any existing street name within the county, except where a new street is a continuation of an existing street. c. Street names that may be spelled differently but sound the same as existing streets shall not be used. d. All new streets shall be named as follows: Streets having predominantly north -south direction shall be named "Avenue" or "Road"; streets having a predominantly east -west direction shall be named "Street" or "Way"; meandering streets shall be named "Drive," "Lane," "Terrace," "Path," or "Trail;" and cul-de-sacs shall be named "Circle," "Court," and "Place". e. For streets that provide primary access to a subdivision or neighborhood and that align with an existing or planned street across an intersection that is not part of the same subdivision or neighborhood, the street name shall not duplicate the name of the subdivision or neighborhood. f. Proposed streets which are a continuation of an existing street shall be given the same name as the existing street. g. Street name signs shall be installed in the appropriate locations at each street intersection. h. The Meridian City Council may approve exceptions to the requirements for street names in accord with subsections a to g above. 2. Cul-de-sacs: No street that ends in a cul-de-sac or a dead end shall be longer than four hundred fifty -feet (450`). C. Driveways: All driveway openings in curbs shall comply with the requirements of the Transportation Authority. D. Common driveways: 1. Maximum dwelling units served: Common driveways shall serve a maximum of four (4) dwelling units. 2. Width standards: Common driveways shall be a minimum of twenty feet (20') in width. 2 Chapter 6 Article C. SUBDIVISION DESIGN AND IMPROVEMENT STANDARDS 612105 3. Maximum length: Common driveways shall be a maximum of one hundred fifty - feet (150') in length or less, unless otherwise approved by the Meridian City Fire Department. 4. Improvement standards: Common driveways shall be paved with a surface with the capability of supporting fire vehicles and equipment. 5. Abutting properties: Unless limited by significant geographical features, all properties that abut a common driveway shall take access from the driveway. 6. Turning radius: Common driveways shall be straight or provide a twenty-eight foot (28') inside and forty-eight foot (48') outside turning radius. 7. Depictions: For any plats using a common driveway, the setbacks, building envelope, and orientation of the lots and structures shall be shown on the preliminary plat. 8. Easement: A perpetual ingress/egress easement shall be filed with the Ada County Recorder, which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment. 9. Alternative compliance: The Director may approve or recommend approval of alternative design or construction standards when the applicant can demonstrate that the proposed overall design meets or exceeds the intent of the required standards of this Section and shall not be detrimental to the public health, safety, and welfare. E. Easements: 1. Utility easements shall be provided along front lot lines, rear lot lines and side lot lines when deemed necessary by the City Engineer or designee. 2. Total easement width shall not be less than ten feet (10'). F. Blocks: I. In the residential districts, no block face shall be more than seven hundred fifty feet (750') in length without an intersecting, street or alley, or no block shall have a length greater than thirteen hundred feet (1,300') without a pedestrian connection. 2. In the TN -C and TN- R Districts, no block shall be more than five hundred feet (500') in length without an intersecting street or alley, or no block shall have a length greater than seven hundred feet (700') without a pedestrian connection. Based on site design constraints or considerations, this requirement may be amended by the Director through the Alternative Compliance procedures set forth in Chapter 5 ADMINISTRATION of this Title. Chapter 6 Article C. SUBDIVISION DESIGN AND IMPROVEMENT STANDARDS 6/2/05 Reserve strips: Privately held reserve strips controlling access from adjacent lands to public streets shall be prohibited. Street buffers on local streets. Street buffers on local streets may be installed at the time of the lot development; installation of such improvements shall not be required at the time of plat approval. Chapter 6 Article C. SUBDIVISION DESIGN AND IMPROVEMENT STANDARDS 612105 CHAPTER PLANNED UNIT DEVELOPMENTS SECTIONS: 11-7-1: PURPOSE 11-7-2: APPLICABILITY 11-7-3: PROCESS 11-7-4: STANDARDS 11-7-5: REQUIRED FINDINGS 11-7-6 TIME LIMITS 11-7-7 MODIFICATIONS 11-7-1: PURPOSE: A. The purpose of the Planned Unit Development (PUD) requirements is to provide an opportunity for exemplary site development that meets the following objectives: 1. Preserves natural, scenic and historic features of major importance; 2. Allows for innovative design that creates visually pleasing and cohesive patterns of development; and 3. Creates functionally integrated development that allows for a more efficient and cost-effective provision of public services. B. It is not the intent that the PUD process be used solely for the purposes of deviation from the dimensional standards in the district. 11-7-2: APPLICABILITY: A Planned Unit Development can be developed in any district. 11-7-3: PROCESS: A. Pre -application meeting: The applicant shall complete a pre -application conference with the Director or designee prior to submittal of an application for a planned unit development. The meeting should be held well in advance of the preparation of the planned unit development application. A draft site plan and preliminary plat map (if required) shall be available at the meeting. B. Application Requirements: An application, map requirements, and fees, in accord with Chapter 5 administration of this Title shall be submitted to the Director. 1. At the discretion of the Director and/or City Engineer, appropriate supplementary information may also be required to sufficiently detail the proposed development within any special development area, including but 1 Chapter 7 PLANNED UNIT DEVELOPMENTS 612105 not limited to, hillside, planned unit development, floodplain, cemetery, manufactured home parks, or hazardous or unique areas of development. Phasing plans shall be included in the application if the project is to be phased. 2. A site amenity plan shall be provided with the planned unit development application. C. Concurrent review: Concurrent review of other applications may be required as determined by the Director. In cases where subdivision platting would be necessary, concurrent review of preliminary plat is required. D. Public hearing requirements: All planned unit development applications shall comply with the public notice and hearing procedures in accord with Chapter 5 administration of this Title. B. Decision: In accord with Chapter 5 administration of this Title, a decision on a planned unit development is made by the City Council based on the recommendations of the Planning and Zoning Commission. 11-7-4: STANDARDS: The Council may approve planned unit developments, upon recommendation by the Commission, in accord with the following standards: A. General use standards: 1. Deviations from underlying district requirements: Deviations from the development standards and/or area requirements of the district in accord with Chapter 2 DISTRICT REGULATIONS of this Title may be approved. The exception is that along the periphery of the planned development, the applicable setbacks as established by the district shall not be reduced. 2. Allowed uses: Applicant may request that specific conditional or accessory use(s) allowed in the district be allowed as principal permitted use(s). 3. The uses within the planned unit development are interconnected through a system of roadways and/or pathways as appropriate. Private streets and service drives may be permitted, if designed and constructed to the Transportation Authority standards and in accord with Chapter 3 Article F. PRIVATE STREETS of this Title. 4. Buildings shall be clustered to preserve scenic or environmentally sensitive areas in the natural state, or to consolidate small open spaces into larger, more usable areas for common use and enjoyment. B. Private open space: In addition to the common open space and site amenity requirements as set forth in Chapter 3 regulations applying to all districts of this Title, a minimum of eighty (80) square feet of private, usable open space shall be provided for each residential unit. This requirement can be satisfied 2 Chapter 7 PLANNED UNIT DEVELOPMENTS 612105 through porches, patios, decks, and enclosed yards. Landscaping, entryway and other access ways do not count toward this requirement. C. Residential use standards: 1. Multifamily: Notwithstanding the provisions of Chapter 2 DISTRICT REGULATIONS of this Title, multifamily dwellings may be an allowed use when approved through a planned unit development. 2. Housing types: A variety of housing types shall be included within a single planned development, including attached units (townhouses, duplexes), detached units (patio homes), single-family and multifamily units, regardless of the district classification of the site, provided that the overall density limit of the district is maintained. 3. Density formula: Residential density in a planned development shall be calculated by multiplying the net residential area (gross acreage less the area of nonresidential uses) by the maximum number of dwelling units per acre allowed for the district in which the site is located. 4. A residential density bonus may be given for dedications of land for public use such as school, park, fire station or recreational facility provided to the public entity by donation or at a cost less than, or equal to, the applicant's predevelopment cost for that land. The bonus shall be proportional to the amount of land being dedicated. For example, if ten percent (10%) of the total property is being dedicated, the density bonus shall be ten percent (10%). However, is no case shall the bonus exceed twenty-five percent (25%) of the units permitted by the district. D. Infill Planned Developments: Properties of five (5) acres or less within the City of Meridian, that are located in areas already substantially developed (at least eighty percent (80%) of the land area within three hundred feet (300') of the boundaries of the parcel). Upon recommendation of the Commission, the Council may approve exceptions to other sections of this chapter as an incentive for infill development as follows: 1. The decision-making body may allow up to a twenty-five percent (25%) increase in the density permitted for the district in which the site is located. 2. The decision-making body may also waive one or more of the amenity requirements set forth in Section 11-7-4 of this chapter depending on the size and scale of the planned development. E. In approving the planned development, the Council may prescribe appropriate conditions additional conditions, bonds, and safeguards in conformity with this Title that: 1. Minimize adverse impact of the use on other property. Chapter 7 PLANNED UNIT DEVELOPMENTS 6/2/05 2. Control the sequence and timing of the use. 3. Control the duration of the use. 4. Assure that the use and the property in which the use is located is maintained properly. 5. Designate the exact location and nature of the use and the property developm ent. 6. Require the provision for on-site or off-site public facilities or services. 7. Require more restrictive standards than those generally required in this Title. 8. Require mitigation of adverse impacts of the proposed development upon service delivery by any political subdivision, including school districts, which provides services within the City. 11-7-5: REQUIRED FINDINGS: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant a planned development request, the Council shall make the following findings: A. The planned unit development demonstrates exceptional high quality in site design through the provision of cohesive, continuous, visually related and functionally linked patterns of development, street and pathway layout, and building design. B. The planned unit development preserves the significant natural, scenic and/or historic features. C. The arrangement of uses and/or structures in the development does not cause damage, hazard, or nuisance to persons or property in the vicinity. D. The internal street, bike and pedestrian circulation system is designed or the efficient and safe flow of vehicles, bicyclists and pedestrians without having a disruptive influence upon the activities and functions contained within the development, nor place an undue burden upon existing transportation and other public services in the surrounding area. E. Community facilities, such as a park, recreational, and dedicated open space areas are functionally related and accessible to all dwelling units via pedestrian and/or bicycle pathways. F. The proposal complies with the density and use standards requirements in accord with Chapter 2 district regulations of this Title. 4 Chapter 7 PLANNED UNIT DEVELOPMENTS 612105 G. The amenities provided are appropriate in number and scale to the proposed development. The planned unit development is in conformance with the comprehensive plan. 11-7-6: TIME LIMITATIONS: The time limitations and extensions as set forth for conditional uses in Section 11-56-6F of this Title shall also apply to planned unit developments. 11-7-7: MODIFICATIONS: The modification provisions as set forth for conditional uses in Section 11 -5B -6G of this Title shall also apply to planned unit developments. Chapter 7 PLANNED UNIT DEVELOPMENTS June 3, 2005 VAR 05-008 MERIDIAN CITY COUNCIL MEETING June 7, 2005 APPLICANT Boondocks Furl Center ITEM NO. 5-D REQUEST Findings for Approval -- Request for a height Variance from the maximum height of 40 feet to 58 feet for a recreational attraction for Boondocks Fun Center -- 1385 South Blue Marlin AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See attached CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: 7 Contacted: �7 Date: Phone: Emailed: it I G [ -e Staff Initials:42 Materials presented at public meetings shall become property of the City of Meridian. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of Request for a Height Variance from, the maximum height of 40 feet to 58 feet for a recreational attraction for Boondocks fun Center, by Boondocks Fun Center - Meridian, LLC. Case No(s). VAR -05-008 For the City Council Hearing Date of. May 17, 2005 A. Findings of Fact 1. Hearing Facts a. A notice of a public hearing was published for two (2) consecutive weeks prior to the City Council public hearing, the first publication appearing and written notice mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property. The notice of public hearing before the City Council was posted upon the property under consideration more than one week before said hearing. All other noticing was done consistent with Idaho Code §67- 6509. The matter was duly considered by the City Council at the May 17, 2005, public hearing. The applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian were given full opportunity to express comments and submit evidence. b. Written and oral testimony was received on this matter, as reflected. in the records of the City Clerk (for written testimony) and in the official meeting minutes (for oral testimony). C. The City Council heard and took oral and written testimony and duly considered the evidence and the record in this matter. 2. Process Facts a. There has been compliance with all notice and hearing requirements set forth in Idaho Code §67-6509, 6512, and Meridian City Code §§ 11-I5-5 and I 1-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. Application and Property Facts a. In addition to the application and property facts noted in the staff report for the subject application(s), it is hereby verified that the property owner of record at the time of issuance of these findings is Desert West Properties, LLC (represented by Mr. Jeff Fullmer). CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO. VAR -05-008 - PAGE I of 3 4. Required Findings per the Zoning Ordinance a. See Exhibit B for the findings required for the Variance application under Title 11. B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67- 6503). 2. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-17-9. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the PIanning and Zoning Department, the Public Works Department and any affected party requesting notice. 6. That this approval is subject to the Legal Description in Exhibit A. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 12-3-5 and based. upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Variance request, as evidenced by having submitted the application dated January 6, 2005 (File No. VAR -05-008), is hereby approved and. grants a variance to the following sections of Meridian City Code: • MCC 11-9-1 Zoning Schedule of Bulk and Coverage Controls D. Exhibits Exhibit A. Legal Description Exhibit B: Variance Findings By action of the City Council at its regular meeting held on the 710-- day of < Gi� 2005. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO. VAR -05-008 - PAGE 2 of 3 COUNCIL MEMBER SHAUN WARDLE VOTED COUNCIL MEMBER CHRISTINE DONNELL VOTED(7fiL. COUNCIL MEMBER CHARLIE ROUNTREE VOTED COUNCIL MEMBER KEITH BIRD VOTED MAYOR TAMMY de WEERD VOTED (TIE BREAKER) n! , eerd Attest pAs` William G. Berg,Jr. Ci Clerk r rVVd, Copy served upon Applicant, The Plaa i�ai iiia-?&partment, Public Works Department and City Attorney. By. Dated: City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO, VAR -05-008 - PAGE 3 of 3 EXHIBIT A Boondocks Fun Center VAR -05-008 Legal Description PROPERTY DESCRIPTION for Select Development November 29, 1996 A parcel of land being a portion of the Southeast quarter of Section 13, T 3N., R IW,. B,M., Ada Ca"MY, Idaho, which parcel is more particularly described as follows: Commencing at Southeast corner of Section 13; thence North 89' 46'23" West 412-04 feel to a point; thence North 89'46'23" West 1,696,99 feet to a point; [hence North 00' 31' 11" East 19.24 feet to a point. thence Nor-th 01' 03' 11" East 340.95 feet to a point; thence North 00' 13'37". West 229.32 feet to a point; thence North 00' 38'59" East 35.53 feet to a point, said point being the Real Point of Beginning; thence North 00' 38* 59" East 193.34 feet to a pojnl; thence North 01* 19'50'West 21.al feet to a point; thence North 00' 31' 11" East 272.20 feet to a point; thence South 89'33'35" East 384,84 feet to a point; thence South 85* 44'44" East 189,76 feet to a point; thence South GG* 13'37" West 442.57 feet to a point: thence North 89' 46'23" West 201,00 feet to a point of curve, thence along a curve to the right, said curve having a central angle of 44' 24' 55", a radius of 20.00 feet, and a long chord bearing North 67* 33' 55" West 15,12 feel to a point of curve: thence along a curve to the left, said curve having a central angle of 134' 24'55", a radius of 50.Oo feet, and a long chord bearing South 67* 26' 05" West 92.19 feet to a point; thence North 89' 46'23" West 276.36 feel 10 (lie Real Point of Beginning. EXHIBIT —# EXHIBIT B Boondocks Fun Center VAR -05-008 Required Variance Findings That there are such special circumstances or conditions affecting the property that the strict application of the provisions of this Title would clearly be impracticable or unreasonable; Boondocks Fun Center is located in an intensely commercial area which is horne to another family entertainment center directly adjacent to the property, Roaring Springs, which has amusement structures which appear to be near, or exceed, the height limits for the district. Family entertainment centers are unique uses that do not fall under conventional definitions contained in Meridian City Code and contain uses and features not found in traditional commercial developments. Granting the variance would. not set an undesirable precedent if the City Council considers onlv family entertainment center uses, especially since Meridian is not likely to ever have more than two or three such centers within its city limits. B. That strict compliance with the requirements of this Title would result in extraordinary hardship to the owner, subdivider or developer because of unusual topography, the nature or condition of adjacent development, other physical conditions or other conditions that make strict compliance with this Title unreasonable under the circumstances, or that the conditions and requirements of this Title will result in inhibiting the achievements or the objectives of this Title; The proposed structure requires high poles for its functionality as an amusement ride and is a unique use that was most likely not considered when the height restrictions for the C -G zone were adopted. The zoning code does recognize that certain architectural features, such as belfries, spires, pole antennas, power poles, chimneys, etc., are exempt from the height regulations. The proposed use is similar in bulk and appearance to those structures. Therefore, due to the uniqueness of the use and the fact the code exempts similar structures, granting the Variance would not be granting any special privileges denied to similar uses in the same district. The reason for the requested Variance is not for convenience; it is simply the nature of the structure. City Council finds that requiring the applicant to comply with MCC 11-9-1 would certainly diminish the overall recreational experience of the user, but we do not find that an extraordinary hardship would result. The Comprehensive Plan encourages enhancing recreational opportunities (Chapter VI - 3 - Recreation). Goal III, Chapter VI of the Comprehensive Plan is to "Provide a broad range of parks, programs, and recreational facilities that meet a variety of needs and uses and that are located geographically throughout Meridian and available to everyone." City Council finds that strict compliance to the MCC 11-9-1 would inhibit the broader objectives of the Comprehensive Plan. C. That the granting of the specified variance will not be detrimental to the public's welfare or injurious to other property in the area in which the property is situated; City Council finds that the variance will not be detrimental to the public's welfare or injurious to other properties in the area. The reason for the requested. Variance is not for convenience; it is simply the nature of the structure associated with a unique use. D. That such variance will not have the effect of altering the interest and purpose of this Title and the Meridian Comprehensive Plan." City Council finds that the issuance of a variance to the height ordinance will have the effect of enhancing the recreational experience of Meridian citizens — not altering the purpose and interest of the Zoning Ordinance. The Comprehensive Plan states that the City should "Develop indoor/outdoor multiple use facilities (i.e. recreation center, fairgrounds, etc.) for a variety of recreational, educational, cultural, and sports purposes and uses. The family entertainment center use warrants special consideration in light of these goals of the Comprehensive Plan. June 3, 2005 MERIDIAN CITY COUNCIL MEETING June %, 2005 APPLICANT ITEM NO. 5-E REQUEST Water Main Easement Agreement for DeMeyer Furniture AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Staff Initials: Materials presented at pudic meefings shall become property of the City of Meridian. COMMENTS See attached Date: Phone: To: Mayor de Weerd & City Council From: Karie Glenn CC: File Date: 5/20/2005 City of Meridian Public Works Dept. RECEIVED ¢oa:ef. 27 2005 City Of Mezidian pity Clerk Office Re: Proposed Agenda Items for 5131105 City Council Meeting The Public Works Department respectfully requests that the following items be placed on the 5131105 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Water Main Easement for DeMe er Furniture. Typical Water Main Easement. Recommended Council Action: Approve the Water Main Easement for DeMeyer Furniture and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. 0 Page 1 �J E WATER MAIN EASEMENT THIS INDENTURE, made this 17th day of May, 2005 between DeMeyer Properties, LLC,, the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said. pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right- of-way for an easement for the construction, operation, maintenance, repair, replacement of a water main over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a water line and their allied facilities, together with their maintenance, additional connection thereto, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, its successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after construction, making repairs, performing other maintenance or making subsequent connection to the water line, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such construction, repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described .in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said casement, for the purposes stated herein. THE .GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of- way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which Iies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. Water Main Easement EASMT WTR THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WIIEREOl~, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: DeMEYER PROPERTIES, LLC MAN R STATE OF IDAHO ) ss County of Ada ) On this 17TH day of May, 2005, before me, the undersigned, a Notary Public in and for said State, personally appeared Ra mond DeMe er known or identified to me to be the Manager, respectively, of the entity that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. *`rslrrit!!pi!' (SEAL) NR Y % v NOT Y PUBLIC FOR r O oI ; ,. Residing at _ Ktt'Yi_ ''s Commission Expires:�� fllpllliHi'ii? Water Main Easement EASMT WTR GRANTEE: CITY OF MERIDIAN Tammy de Weerd, Mayor Attest by William G. Berg, City Clerk Approved By City Council On: STATE OF IDAHO, ) County of Ada On this day of , 2004, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and WILLIAM G. BERG, 7R., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) NOTARY PUBLIC FOR IDAHO Residing at: Commission Expires: Water Main Easement EASMT WTR VAUEY C1 VIL A ND STR UCTURA L ENGJNEERV�G '=-,C N ant T v\ Waterline Easement Demeyer Furniture Site For the City of Meridian Job No. 04092 May 5, 2005 Land in the SWI/4 of Section 9, T3N, RIE, B.M., City of Meridian, Ada County, Idaho, described as follows: COMMENCING at the Southwest Corner of said Section 9; thence, along the South Line of said Section, North 89"11'46" East, 1107.19 feet, to a point on the easterly right-of-way of North Gaudians Ave., extended to said Section Line; thence, along said extended right-of-way, North 06155'12" West, 64.97 feet to a 518 inch rebar with an orange plastic cap marked "NEI, PLS 10782"; thence along the easterly right-of-way of North Gaudians Ave., North 06°55'12" West 179.96 feet to the POINT OF BEGINNING,- thence EGINNING;thence continuing along said right-of-way, North 06°55'12° West, 25.00 feet; thence North 83°11'46" East, 97.05 feet; thence South 06°48'14" East, 25.00 feet; thence South 83°11'46" West, 97.00 feet to the POINT OF BEGINNING: Containing 2,425 square feet, more or less \\ti?.i. L.yjb'0 s o a �b782 k� G. H\�`C - I - PAVanAuker104092-Topa by RC WilleylDrawingslSurvey104902desclWaterline Easemen!.DOC ! F t•.€s€!t-t� 4':ill� 5� I�,i:�in:•rr ,. 1t1� 0 C f f EXHIBIT "B" Waterline Easement For the City of Meridian 17 X16 N89'ti'46'E 17 NAMPA, IDAHO 83687 (208) 463-0305 FAX (208) 463-4391 CIVIL/STRUCTURAL ENGINEERING LAND SURVEYING SECTION CORNER VISIT OUR WEB SITE., www.TreasureValleyEngineers.corn FOUND BRASS CAP CP&F NO: 99007475 T3N, RIE, SM i I � k I 97.D5' N �rn 2.` t o 1 k0 ' S 83'11 45� H' 97, rn ! I ts.a.e. k i k Z C)Ln 4 d U I tD ti J Ln 1 c Q C,O r6 ao 1 I 29' 29' i k LA i �E FRANKUN ROAD 4 1 1 TREASURE VALLEY ENGINEERS, INC. 5660 E, FRANKLIN R0. SUITE 220 NAMPA, IDAHO 83687 (208) 463-0305 FAX (208) 463-4391 CIVIL/STRUCTURAL ENGINEERING LAND SURVEYING mailOTressureYalleyEngin eers. com VISIT OUR WEB SITE., www.TreasureValleyEngineers.corn June 3, 2005 MERIDIAN CITY COUNCIL MEETING June 7, 2005 APPLICANT ITEM NO. 5-F REQUEST Water Main Easement Agreement for Heritage Auto AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT. MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS. MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Staff Initials: Materlafs presented at public meetings shall became property of the City of Moridian. COMMENTS See attached Date. Phone: -VTJ . A& . City of Meridian Public Works Dept. To: Mayor de Weerd & City Council MAY 2 7 2005 Prom: Karie Glenn City Of Meridian CC: File City Clerk Office Date: 5/20/2005 Re: Proposed Agenda Items for 5131105 City Council Meeting The Public Works Department respectfully requests that the following items be placed on the 5131105 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Water Main Easement for Heritage Auto. Typical Water Main Easement. Recommended Council Action: Approve the Water Main Easement for Heritage Auto and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. a Page 1 WATER MAIN EASEMENT THIS INDENTURE, made this f_ day of Rqo, 2045between Jericho Properties, L.L.C., the parties of the first part, and hereinafter called the Grantor , and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right- of-way for an easement for the construction, operation, maintenance, repair, replacement of a water main over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a water line and their allied facilities, together with their maintenance, additional connection thereto, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after construction, making repairs, performing other maintenance or making subsequent connection to the water line, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such construction, repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of- way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted. which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further Water Main Easement Page 1 1419 EASMT WTR.doc effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and. forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTO A 1 Z ers, Managing Member STATE OF IDAHO ) SS County of Ada ) On this day of, 20�before me, the undersigned, allotary Public in and for said State, personally appe ed Tony Zanders, known or identified to me to be the Managing Member of Jericho Properties, L.L.C. that executed the within instrument, and acknowledged to nae that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. NOTARY PUBLIC FOR IDAHO Residing at dio-LI, Commission Expires: GRANTEE: CITY OF MERIDIAN Mayor Attest by City Clerk Approved By City Council On: ,',��sN4fHpy�r18 41 �:•� I't/ )4tj,� r, :1 F 1 Water Main Easement Page 2 1419 BASMT WTR.doc STATE OF IDAHO, County of Ada On this day of , 2005, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) NOTARY PUBLIC FOR IDAHO RESIDING AT: MY COMMISSION EXPIRES: 11/vo nnu 14:31 P&I Z08 :362 490E f Iodr-ed Land Surveys �U01 Cascade Office Rennison Fodrea 15 Box 788 Engineers a S14-tveyors • PIawler s Eagle Office 128 S Eagle Road 1005 N Main Street Cascade, Idaho -83611 Suite ite B B Office: 208-382-402 Eagle, Idaho Fax: 208-382-3410 Office: 208-93&-2410 Fax: 208-938-2441 DATE: 5-10-05 Project No.: 1419 Legal Description For Waterline Easement Exhibit A A waterline easement located in the SE 1/4 of Section 11, T. 3 N., R 7 W., Boise Meridian, City of Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at the section corner common to Sections 11, 12,13, and 14, T. 3 N, R.1 W., BM. C.P.F. Inst 98117244, -earner records of said Ada County; Thence a bearing of N 00° 31'41" E, a distance of 574.93 feet on. the east boundary of said Section 11' to a point; Thence a bearing of N 89° 25'41" W, a distance of 298,28 feet to a point;' Thence a bearing of N 00° 29' 04" E, a distance of 25.91 feet to the POINT OF BEGINNING: Thence a bearing of N 90° 00' 00" W, a distance of 100.57 feet to a point; Thence a bearing,of S 45° 00' 00" W, a distance of 27.05 feet to a point; Thence a bearing of N 450 00' 00" W, a distance of 19.82 feet to a point; Thence a bearing of N 000 00' 00" E, a distance of 13.36 feet to a point; Thence a bearing of 90° 00' 00" E, a distance of 13.11 feet to a point; Thence a bearing of N 450 00' 00" E, a distance of 7.6.61 feet to a point; Thence a bearing of S 90° 00' 00" E, a distance of 109.02 feet to a point; Thence a bearing of S 000 29' 04" W, a distance of 20.00 feet tD the POINT OF BEGINNNG. Said descrflied easement contains 0.06 acres more or less. kL t.ANO Prepared by Rennison Fodrea, Inc.�,r�f fOF�`� �r 1N FQO R-.\users\13 h\1419 easmi wtr iegod.doc USisiiUS WED 12:52 FAX 208 382 9302 Fodrea Lund Surveys p 3 I N 0 - � N t m rn z N M .a 6 tiL5 3_ i4, LC.ODN ,ar�V, GrVO Y-YU 17 I � Z F Lo -2 N D7cn 01 N ' CN a C V) V . f o Z v N ! Li L) gcc cn �W ' �d ,,,, ; + to to n w ` a I ZN F- m i W W00 0. ^. OS O O1 pN O N � i Z 1N C z J ,oz 1 W aluicn C5a- �IQ OID " W blr -Q Ni zl o ( � u, z of < < Z U m m Z W W W W Q m o � o f l m rn u� w m -, I OG w, w � �4n� oTa;ra oC-4 U' ¢ go a z a^0-� cn z z W a I @6003 June 3, 2005 MERIDIAN CITY COUNCIL MEETING June 7, 2005 APPLICANT ITEM NO, J -G REQUEST Meridian Senior Center Rehabilitation Project Change Order No. 1 AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY EIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings stall become property of the city of Meridian. COMMENTS LETTER OF TRANSMITTAL JOHNSON DATE DESCRIPTION COPIES CORRESPONDENCE ARCHITECTS DATE: 07 June 2005 a professional corporation ATTN: WILL BERG company: CITY OF MERIDIAN 40 c. corpotate dove, ste. 192 meridian,idaho 83642 address: 33 E. Idaho Ave. Meridian, ID 83642 fax 208.888.4218 &N! 200; phone 208.888.4433 []For your use ❑ Approved as noted ❑ Submit copies for distribution I Uy Of 1M IC'T"d.iul; ❑ Return corrected prints JOB NAME: Meridian Senior Center Remodel REMARKS: Will - JOB NO.: 04167 TRANSMITTED BY: • RE: CHANGE ORDER NO.1 WE ARE SENDING YOU: VIA: hand delivery # OF TYPE OF DATE DATE DESCRIPTION COPIES CORRESPONDENCE REVISED 3 Chan e Order No. I (includes Proposal Request #1, KMO's pricing, and RFI #1 from Buss Mechanical) THESE ARE TRANSMITTED: ® For approval ❑ Approved as submitted ❑ Resubmit copies for approval []For your use ❑ Approved as noted ❑ Submit copies for distribution ❑As requested ❑ Returned for corrections ❑ Return corrected prints ❑ For review and comment ❑ For your record [] REMARKS: Will - Here is Change Order #1for e City' o Please contact me with any questionstcomments. Thanks. TRANSMITTED BY: • Vv'alter Lid n, Arc1 ect phone 208.846.9033 fax 208.846.9475 COPY TO: File, Faxed to: Jennifer Tomlinson (Sage), Ken Altig (Meridian Senior Center) xAprojects104167-meridian senior center upgradesltransmittak\comwb_o06.doc �MAIA ® rret Document 1 -2001 Change Order PROJECT (Name and address): CHANGE ORDER NUMBER: 001 OWNER: Meridian Senior Center Upgrades DATE. June 07, 2005 133 W. Broadway ARCHITECT: Meridian, Idaho 83642 CONTRACTOR: TO CONTRACTOR (Name and address): ARCHITECT'S PROJECT NUMBER: 04167 FIELD: ❑ KMO Incorporated CONTRACT HATE: April 19, 2005 923 16th Ave. S CONTRACT FOR: Facilities' Upgrade to (E) Center OTHER: ❑ Nampa, Idaho 83651 (' atu a THE CONTRACT IS CHANGED AS FOLLOWS: BY ($i re) " (1'nclude, where applicable, any undisputed amount attributable to previously executed Construction Change Directives) Execute work as described in attached Proposal Request #1. (Typed name The original Contract Sum was $ 93,000.00 The net change by previously authorized Change Orders $ 0.00 The Contract Sum prior to this Change Order was $ 93,000.00 The Contract Sum will be increased by this Change Order in the amount of $ 3,987.56 The new Contract Sum including this Change Order will be $ 96,987.56 The Contract Time will be increased by Six ( 6 ) days. The date of Substantial Completion as of the date of this Change Order therefore is July 21, 2005 NOTE: This Change Order does not include changes in the Contract Sum, Contract Time or Guaranteed Maximum Price which have been authorized by Construction Change Directive until the cost and time have been agreed upon by both the Owner and Contractor, in which case a Change Order is executed to supersede the Construction Change Directive. NOT VALID UNTIL SIGNED BY THE ARCHITECT, CONTRACTOR AND OWNER. Johnson Architects, P.C. KMO ltt t City of Meridian ARCHITECT (Firm name) CONT CT (Fi name) OWNER (Firm name) 440 E. Corporate Drive, Suite 102, Meridian, Idaho 83642 9 nue S Nam 836 33 E. Idaho Avenue '"` Meridian, Idaho 83 '.`' AD E 5 ADDR T"awal S; _'n^ ADOREIto (' atu a BY (Si ature) BY ($i re) " Walter Lin (Typed name) Kent M. Odom (Typed name) (Typed name k DATE DATE DATE �r AIA Document G701 TM — 2001. Copyright 01979, 1987, 2000 and 2001 by The American Institute of Architects. All rights reserved. WARNING: This AIA* Document Is protected by U.S. Copyright Lase and International Treaties. Unauthorized reproduction or distribution of this AIA* Document, or 1 any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law, This document was produced by AIA software at 07:50:15 on 06/07/2005 under Order No. 1000170807_1 which expires an 3125/2006, and is not for resale. User Notes: (2184500535) Ll.-s-,AIA 7M Document 6109 — 2001 Work Changes Proposal Request PROJECT (Name and address): PROPOSAL REQUEST NUMBER: 001 Meridian Senior Center Upgrades 133 W. Broadway DATE OF ISSUANCE: June 02, 2005 Meridian, Idaho 83642 OWNER (Name and address): City of Meridian 33 E. Idaho Avenue Meridian, Idaho 83642 FROM ARCHITECT (Name and address): Johnson Architects, P.C. 440 E. Corporate Drive, Suite 102 Meridian, Idaho 83642 TO CONTRACTOR (Name and address): KMO Incorporated 92316 1h Avenue S., Suite A Nampa, Idaho 83651 CONTRACT FOR: General Construction. CONTRACT DATE: April 19, 2005 ARCHITECT'S PROJECT NUMBER: 04167 OWNER: ARCHITECT: ❑ CONSULTANT: ❑ CONTRACTOR: FIELD: ❑ OTHER: ❑ Please submit an itemized proposal for changes in the Contract Sum and Contract Time for proposed modifications to the Contract Documents described herein. Within Five ( 5 ) days, the Contractor must submit this proposal or notify the Architect, in writing, of the date on which proposal submission is anticipated. THIS 1S NOT A CHANGE ORDER, A CONSTRUCTION CHANGE DIRECTIVE OR A DIRECTION TO PROCEED WITH THE WORK DESCRIBED IN THE PROPOSED MODIFICATIONS. DESCRIPTION (insert a written description of the Work): Please provide pricing for work as described in attached sketches. ATTACHMENTS (List attached documents that .support description): AS2.3-3 RFI #1 Response to RFI #1 (from Musgrove .Engineering) REQUES BY HE CHITECT: • AF Walter Lind en (Printed name and title) AIA Document G709TM+— 2001. Copyright ®1993 and 2001 by The American Institute of Architects. All rights reserved. WARNING: This AIAc Document IS protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAP Document, or any I portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 13:29:38 on 06/02/2005 under Order No.1000170807 1 which expires on 312512006, and is not for resale. User Notes: — (2323387399) MEN (106)/WQMEN (106) SCALE: 1/4" = V-0" —0" New Facility Upgrade for the DATE: 6-02-05 JO�CWN IS Meridian Senior Citizens Center JOB NO. 04167 aME 133 W. Broadway uoaca�pmcen ,I Meridian, Idaho 1dieo 83�� 'HIS SKETCH ALTERS THE WORK OF THIS PROJECT. SKETCH NO. AS2.3m3 LEASE NOTE CAREFULLY THE CLOUDED AREAS AS tEVISED. REF. SHTS.: A2.3 �_r f /E /A! APA1,A/ij ibiD � Do uo 7 !T/ay � �9-�� �►rcr� -77 7-/7 o%�viN(f MEN (106)/WQMEN (106) SCALE: 1/4" = V-0" —0" New Facility Upgrade for the DATE: 6-02-05 JO�CWN IS Meridian Senior Citizens Center JOB NO. 04167 aME 133 W. Broadway uoaca�pmcen ,I Meridian, Idaho 1dieo 83�� 'HIS SKETCH ALTERS THE WORK OF THIS PROJECT. SKETCH NO. AS2.3m3 LEASE NOTE CAREFULLY THE CLOUDED AREAS AS tEVISED. REF. SHTS.: A2.3 �_r Fpm7�7- a t"specialti;rIg ;n all ph(75es." TO JOHNSON ARCHITECTS, .ATT' WALTER LINGREN RF. F MERIDIAN SENIOR CENTER FRM KENT M ODOM PROPOSAL REQUEST # 1 6-3-05 1) COMPEETE PLYWOODRE.n- lLTMENT.yER COST. MENS RESTROOM 114SQFT X $ 4.00 $..456:00- WOMENS-RESTRpDN4136.5 SQFT X $ 5.00 S 782.50 S'[JBT"OTAL S 123850 BOND FEE S.: 33,16 TOTAL S 1275.66 2) SUPPLY & INSTALL FLOATED MORTAR FLOOR AT TOP OF EXISTING 2X8 DECKING LOCATED AT THE MENS & WOMENS RESTRO()MS:PRC7VIDE-CARPFNTRYSTAND-BY TIME FOR PLYWOOD fNSTALLATION TO BE WET SET FN PHASES, INTO WET MORTAR SYSTEM NAILED WITH 8-D RING SHANK NAILS. 923 16th Ave. S:; Suite A a Nampa, Idaho 83651 0 (208) 461=2624 MORTAR Fir(YA.TTNG S -VA.,90 CARPENTRY STAND BY 41 -IRS S. 160,.00 SUPERVISION S .-90.00 BOND FEE S:., 17;22. wp TOTAL 3) SUPPLY &. fNSTALL PARTICLE BOARD F.LO.ORIN&OVERLAYED ON EXISITING 'VINYL FLOORING LOCATED AT HALLWAY4103 TaRA,ISE-a ELEVATIQN-OF :HAL,LWAY, FOR .PROPER,BAT14RQpaM1TR.ANS°ITI";S- SUPPLY-& ,INSTALL FOUR .JOHNSONTTE TRANSITION THRESHOL-DS ` LOCATED -Ax :EA�H!D00R:pPET , MATERIAL S.: 75:00 LABOR � 165.00 TRANSITION THRESHOLDS:. 'Tt:99•- �c .K=�-' SUPERVISION S 45.00, r BOND,FEE_ TOTAL ' 4). PROVIDE PLUMBING MODIFICATIONS ASSOCIATED WITH RFI ## I MU9 ROVE ENJGTNEERING DATED 6-2-05, PLUMBING SUPERVISION%�iif�,"'� BOND FEE OH&P 40,59— To iAI "Tb7� g1[mo . fa -b~ NOTE) KMO INC WILL STRIVE TO COMPLETE THE PROJECT PER THE ORIGINAL. 7-15-05 CONSTRUCTION TIME LINE. HOWEVER, .REQUESTS T14A.T SUBSTANTIAL, COMPLETION BE DOCUMENTED EXTENDING TO 7-21-05. SINCERELY,,. Albs d S" _. coo- furl X14 CI:7 u v z 1UA rriCtrl =r I J tt.- �I1 k,-dC. —1 J11u �. e BID PROPOSAL Project Name f Address KMa INC. 953 16th Ave. S., Suite A Narnl)a, 1D 83651 a: . V-5 IVA WV 711(;Zdlh/ T I E INC 8601. Ustick Road Boise, Ill 83704 (208) 672-1497 Fax (208) 321-19.30 Date Estimate # 6/3/20175 815 I Project Description Total PROJECT: MERIDIAN SENIOR CENI'1 ER -- - h-iEN'S & WOMEN'S RFS'FROOM 1. THINSET A- VERSABOND. 2. LABOR FOR TMNSET BELS. 144.00 180.00 I I Tota[ 1 $324.00 1 ACC: PTANCE OF PROPOSAL- The abo,;e prices, specifications, and conditions are satisfactory and are here by accepted. You am aut-borized to do the worn as specified. Signature _-.... -. ---._-_-- Contractor's Signature�W l I ul� U.; L U . r - Proposal Request BUSS Ni1eachanic@1 Services Inc. P.0, Box 190476 Boise, Idaho 83718-0476 612!2005 JOB Meridian Sr.Center JOB # 545 Kmo Buss 4 1 GCIARCH. CP# Att. Kent Re: CHANGE PROPOSAL REQUEST 's b@thmom and li:water lines inlo water system DESCRIPTION: Demo existing wa�er neater in women serving theikknen area, asvvell as add thermostatic mixing vAives to each of the lavatodes in the men's andviomen's bathrooms klateriaippe alve& i S 35678 F-- xPF -,n daoles Tools 2%of labo $ —10 40 T a)� $ 21,4- 520.08 -olect 1.2 hrs $ 37.20 Mangement 1 hirs 45.00 17;leanup WarrantylAsbuilts $ $ Safe!y 5L) �,CN�TtRA�cTOTRS 07A L 1,025,55 Insulation Temp.r.on SheetrTletal Oth'ar L 70TAL 1,025.55 `—'EPHEAD &PROFIT 102 5 5 TCTA L PkiCE 128. ) 10 TOTAL REQUEST EXCLUSIONS kRC'PC,;;AL BY N'ICHAEL DAVISSON PROPOSAL GOOD FOR 30 r,,AyS II aJ, 111 4riti.J 11 . u[1 n- [}y al.]n nY 111- LI%k, -W Jt ura su-aGa rsw%s Mechanical Services 2013--562-090❑ . �A P • 2 _... .. -Services,., .- "Yh 00=561vMM t -malt buc®mech-Anicalk-ROLcom P.O. ROX ! 90476 babe, Idehu 83719-0476 _% . O g i:. A TION' -Mily 31, 2005' PLAN 9 Mechanical Demoh'Lort Plan Ta O Construction Date irlforttl2ttOn required : ASAP Prrldrtty: Utibt -. X-Direclion 119t9iven in contract docurnepts —Ini-erpretation ofcvntrlrct documeJzts C-onf _6t in contract requifernents Subject.. There is an existing water heater to th; cabinetry of the balh:oonj that we're ; Gnjode€i'l There is no direction Wen in regards to slut to do, with this water heater. Demc, and r -e -use, deter 2nd provide nawl Elbe.. way, re -use or provide new, no diractioll zs given jr. tega.-ds to cher.;: it islo be Jaca-,eat, Need information it1 order to procede. Possifite rosriinpac tX__ Passible Time impact _x Reply.._....—__ r _...`– Sincerely, Mike- VVf VLf LVVJ VV. ..rV LV VJV�V [ VJ r� .S LE COVER LETTER FAX NUMBER (208) 384-4765 TO:' Johnson Architer ts. i .... i ! _MUSGROVE ENGINEERIMG 470 S. O;rchardl Su>tte 184 Borst; Idaho 83705 -Phone # (208)'394-G595 FAX'#" 208 -846�,9475- 'ATTENTION W91ter'Lind ren DATE: June 2 *2005 FROM: Charles Paulin .TRANSMISSION -INCLUDE&GOVM, PAGE PL-uS.Q-A TACHMF_NTS. PR OJ ECT rREFER EhICE: ­ fVleritfiarr Senior C&rter - COMMENTS: The following is in response to'the Plumbing'RFI #T: The, existing: water -hevAer shak,be` removed=- The,newIlavatories.shall be connected to- the-existhg-hot-water system serving the kitchen area. Also; thermostaatic4nixing valves ('watts series, USG. ,0 -shalt be,jnstaft d,ateach-of the -three newrlavatar'res. Please call if,you have any questions. Truly, Charles-Paullrr CC: File IFYQU.DQAI'_T-RECEIV•EAI._L.PAGES -PLEASE.CALL_US[AS[S-0 N,AS[POSSIRI E E { LETTER OF TRANSMITTAL DATE: June 2, 2005 JOHNSON ARCHITECTS a professional corporation ATTN: Kent Odom company: KMO Incorporated address: 923 16" Avenue South, Suite A 440 c. eorporate drive, sic. 102 mccidian jdabo 83642 Nampa, Idaho 83651 fax 208-461-3994 phone 208461-2624 JOB NAME: Meridian Senior Center Remodel JOB NO.: 04167 1� �— RE: PROPOSAL REQUEST NO. I WE ARE SENDING YOU: VIA: fax # OF TYPE OF DATE DATE DESCRIPTION COPIES CORRESPONDENCE REVISED 1 PR41 THESE ARE TRANSMITTED: ❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval ®For your use ❑ Approved as noted ❑ Submit copies for distribution ®As requested ❑ Returned for corrections ❑ Return corrected prints ❑ For review and comment ❑ For your record ❑ REMARKS: Kent - Please contact me with any qugstl' s/c . Thanks. TRANSMITTED BY: alter en, Architect phone 208.846.9033 fax 208.846.9475 COPY: File, .� x.\projects 4167 meridian senior center upgradesltransmittalsVano-01 l,doc June 3, 2005 MERIDIAN CITY COUNCIL MEETING .lune 7, 2005 APPLICANT ITEM NO. 5-H REQUEST Request for Paymen by KMO, Inc. for Meridian Senior Center Rehabilitation Project ICDBG 04 -I11 -1 -SR AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Staff Inifials: Materials presented at public meetings shaft become property of the City of Meridian. COMMENTS Date: Phone: f RFE C EEF U - 7 2005 i1y of Meridian June 3, 2005 pity clerk Office Will Berg 10624 W. Executive Dr. Boise, ID 83713 Meridian City Clerk T 208.322.7033 City of Meridian 800.859.0321 33 E. Idaho F 208.322.3569 Meridian, ID 83642 RE: City of Meridian Request for Funds #3 ICDBG-04-111-01-SR Will: Attached please find three copies of the City of Meridian's Request for Funds #3 for the Senior Center Project. Please have Mayor DeWeerd sign two copies, keep one for your records and return the two -signed copies to Sage immediately for processing. If you have any questions, feel free to call the office or email me at j tomlinsonAsageidaho. com. Thanks again �N�Wt�_ Jennife+Tml inson Grant Administrator rTY/TDD '.800.377.3529 :ED/AA Employer 1'}4'iS'..4ftf�Wdl�[1�)f)_f'F7111 � _ Chapter III 1.. � Financial Management ICDBG Progress Report Grantee: Report No.: City of Meridian, Idaho 3 Date: Date of IDOC Contract: Grant No.: June 3, 2005 July 17, 2004 ICDBG-04-111-1-SR Report Period From: Report Period To: Telephone: April 15, 2005 June 3, 2005 (208) 322-7033 ext. 234 Grant Amount: Project Match Expended to Date: Tax ID No.: $100,000 $5,000.00 82-6000225 Second Public Hearing: Y/(N) (Circle One) Published Notice Submitted: Y/(N) Date of Second Public Hearing. Yet to be field Minutes Submitted: Y/(N) n List of Attendees Submitted: Y/(N) PROJECT START UP Exhibit C III -13 v 'O yy N - E O C N Ql [z] U U C] Q L cC5 n Environmental Release: 08.04 06.04 0604 None Complete. Submitted 06.04 Send copy of ERR Bid Documents Reviewed and 03.05 04.05 None Complete Approved: Procurement for Admin Contract 01.04 02.04 03.04 None Complete. Part of Application Reviewed and Approved: Admin Contract Reviewed and Approved: 03.04 03.04 03 04 None Complete. Part of Application Contact Person: Phone. Procurement for Eng/Arch Contract 6.04 08.04 12.21.04 None Complete. Publication affidavits, solicitation Reviewed and Approved: information, ranking summary, Contract Eng/Arch Contract Reviewed and 08.04 11.04 12.21.04 None Complete. Approved: Contact Person: Phone: i Acquisition (voluntary or eminent If the project includes acquisition, it must be monitored. Ongoing progress domain): report schedule for acquisition activities must be established individually Date of Purchase/Transfer of Title: between grant administrator and project coordinator at IDOC Relocation (business or resident): Exhibit C III -13 f � Chapter III Financial Management FAIR HOUSING PROGRESS SECTION 504 PROGRESS ca 41 JO„ EG GL O w U r o o C 61 y L. bA O : �• Q W M Designate Responsible Employee: -0'R 11 10/03 F C dJ _ W C 504 Committee Established: a� O r& _2 O 0. Non -Discrimination Policy Adopted: 09/03 n U Yes c E U Grievance Procedure Established: 09/03 09103 5/05 Yes o - Designate Fair Housing l2esOu['Ce IQ/03 -- None Complete. Part of Application Person: 10/04 None Develop Transition Plan Fair Housing Review Committee: 11/©� None Establish committee Fair Housing Resolution: 11104 09103 --- 5105 Yes Republish annually during project Fair Housing Plan/Analysis Of C,Develop i1lQ4 Fair Housing Plan, Impediments: Communications of Pair Housing 11104 -Kone Ongoing Activities: Grantee Fair Housing Poster: 11104 None Ongoing SECTION 504 PROGRESS Exhibit C III -14 ca 41 JO„ EG GL O w U © QJ O U v ..O N c3 O C] o C 61 y L. bA O : �• Q W � C W y O 11 C d o s Designate Responsible Employee: 10103 11 10/03 None None 504 Committee Established: 10104 None Committee forming. Non -Discrimination Policy Adopted: 09/03 09103 5/05 Yes Part of Application. Republish Grievance Procedure Established: 09/03 09103 5/05 Yes Part of Application. Republish 504 Self -Evaluation Completed: 10/04 -- -Rone -NoneSelf-Evaluation underway 504 Transition Plan: 10/04 None Develop Transition Plan Exhibit C III -14 Chapter III Financial Maiiagemeiit CIVIL RIGHTS PROGRESS ACQUISITION PROGRESS M a; r� w y /^cl U o y E a N C N wJ o 0 y C °J 0 QU o 2 Community Profile: - 4105 4/15/05 Norte None EEO Policy Statement: 6.05 G.05 Yes None EEO Grievance Procedure/EEO Complaints: 10103 -- G.05 Yes None Grantee Employment Form: -- None Complete and submit ContractlSubcontract Activity Report: -. None Complete and submit Senior Center Participants Form: -• Nome Complete and submit Section 3 Certifications: -- None Complete and submit Grantee EEO Poster: None Ongoing ACQUISITION PROGRESS Exhibit C III -15 S U v G i~ a U o °J p Ca Q a a o ° o No acquisition in this project NIA NIA NIA None NIA Exhibit C III -15 Chapter- III Financial Management CONSTRUCTION AND LABOR PROGRESS CERTIFICATION: I, the undersigned, do hereby certify that the above information contained in this report, including the attached payroll review and the attached disbursement report, is correct and accurately reflects the progress and status of the grant project. (208) 322-7033 ext. 227 Signature of ICDBG Certified Grant Administrator Phone Date CERTIFICATION: I, the undersigned, do hereby certify that the above information contained in this report, including the attached payroll review and the attached disbursement report, is correct and accurately reflects the progress and status of the grant project. Authorized Signature for Chief Elected Official Title Date Exhibit C III -16 415 ca ❑ o 7� 4 E d. CL U L 0 7 CL. g � n� . 2 0 .� n O [*1U P U t3 ❑Q Q � � � a Contract Award: 10.04 None Complete and subunit Debarred List Checked: 10.04 3.05 4.15.05 Nane None Preconstruction Conference: 10.04 4.05 4.15.05 None None Minutes & Checklists Bid Tabulations: 10.04 3.05 4.I5.05 None None Notice to Proceed: 10.04 4.05 4.15.05 None None Wage Rate Number: 10.04 3.05 4.15.05 None None Ten-day Wage -rate update: 10.04 3.05 4.15.05 None None Additional Classifications Required: 10.04 -- None Complete and subnait CERTIFICATION: I, the undersigned, do hereby certify that the above information contained in this report, including the attached payroll review and the attached disbursement report, is correct and accurately reflects the progress and status of the grant project. (208) 322-7033 ext. 227 Signature of ICDBG Certified Grant Administrator Phone Date CERTIFICATION: I, the undersigned, do hereby certify that the above information contained in this report, including the attached payroll review and the attached disbursement report, is correct and accurately reflects the progress and status of the grant project. Authorized Signature for Chief Elected Official Title Date Exhibit C III -16 415 DISBURSEMENT REPORT DISBURSEMENT LOG - City of Meridian Request for Funds this Period: $17,812.00 Paid to Date $5,000.00 REQUEST FOR FUNDS #2 DATE DATE RECEIVED DEPOSITED DATE DISBURSED CHECK # AMOUNT PAID TO WHOM 31 -Jan -05 31 -Jan -05 4 -Feb -05 61406 $ 2,500.00 Sage 6 -May -05 6 -May -05 10 -May -05 62710 $ 2,500.00 Sage N F' 4 x 7 aJ U m i m N 1 N co m ^ as m C, 0 - 41 in m v LL 06 N m pp Q I 1 I 1 { Q Cl pp c9 64 b9 84 fi} £H fA Ef} bg O (\j N d vca Yn �' C co 7 O CL '�LO U Q QQ C A O U ov _ E ~ in CQ m _ } ttl `m 0) EnZI Q I 1 I Q O Lr> Lri (a Y 3 Y ID U In C O c a) LA C � a 4- U D LY} c= c Co41 , o o ca U p r Li 0 O � .� .� : L.L. E- �' d 64 fA 4A kA) 64 EST Q I i 1 I { O O o_ 0 i; C Ln Ln a5 Ea b4 64 E/3 bR 64 b4 6q iT O C V a m c L ir— O a) cn O [O O a v L c n. w s O QJ I I I i I I 1 O O -p L77 U Y Q ca O m D '... 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B1L'L TO _.-•- - — ----- CityoiMerdian i 33 E: Idaho Ave Meridian, ID.83G42 DESCRIPTION -- T .AMOUNT _ ...... -.. _. --- _. _ _. Ongoing project administration.expenses per contract I;000.00 Meridian Senior Center(ICDI3G 04w]11 -01 -SR) ft) .:: I I . . ... .. . .. ... . . . . ;. .. .. . , . , i is II I . f .: 1 t I I .:.:. i E I ___ 'INCLUDE PINK COPY OF INVOICE WITH YOUR REMITTANCE. 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CL h ¢� Q LL U O O O O O Q o o C7 o a N p O p O 6� LU Q (9 4 i 4 u Q�w + O O Q O O p a o oo Qo 00 W en cn uv as `r p o ui ci �ti n ( c 01 m cn ti ur Q iLCOp O U 0 L1.1 '� La co WCD ❑ W d CD O 4 O 4 O O O O O p q +i3 69 Gf3 EA o 0 o CS o 0 C b O b p G p 69 EpA m C LU S U, Z z O L 113 n z © w w �i 4 b O O O O iF} FA fa ci 7 d Q O p vg s9 vs va cn V OO C-0 L ❑ F- EL G? o 0 0 0 Cl p C�oO �' 0 0 4 o O jal Z m o vi e0✓r tn a 9 � � Co O p 4 z 00 ¢a c�i LU U D w64 C3 o a o o rfi g ER � °� ca VIP CD r� o o $ o CD td ci �a O o C3 c V C m ma � 'm U Q (A cn C n C O1 N (, m z O a 4 C } d c U rn c 0. m EO ❑n W L7 a wOf 4 ��il C ¢ LL 0 h- !U cp z -� CL p g E= ch co F- W J a 76 z O a �- n CLo q n¢. u 0 <z 41Q � d _ 1-:� UI O N N N N U S7 •tf i(j (p N N N N C14 !� tb'ci ccnc ni— TO: KMO FOR: MERIDIAN SENIOR CENTER ,r lZ THANK YOU FOR YOUR BUSINESS June 3, 2005 MERIDIAN CITY COUNCIL MEETING June 7, 2005 APPLICANT ITEM NO. 5-1 REQUEST Well 27 Test Well Change Order No. 1 (Final) with Treasure Valley Drilling AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. COMMENTS See attached Pian RECEIVED e Dept. 2 2005 City Of Mexidian City Clerk Office To: William Berg, Jr. From: Lenard Grady /0 CC: Brad Watson Date: 6/2/2005 Re: Proposed Agenda Items for June 7, 2005 City Council Meeting The Public Works Department respectfully requests the following item(s) be placed on the June 7 City Council consent agenda: Well 27 Test Well Change Order ##1 Final Attached is a final change order with Treasure Valley Drilling for additional testing required to aid in aquifer selection in this well. The total change order amount is $20,616.00 and covers pump testing and chemical analysis. Recommended Council Action: The Public Works Department recommends that City Council approve Change Order #1 (Final) with Treasure Valley Drilling for additional work required on Well 27 Test Well for $20,616.00 and authorize the Mayor to sign it. WWTP Effluent Reuse Study Attached is a proposal from Civil Survey for a study to begin evaluating the feasibility of reuse of out effluent from the WWTP. This study is meant to give us a rough idea of how to proceed in the future. The proposal is for a not -to -exceed price of $5,000. Recommended Council Action: The Public Works Department recommends that City Council approves the contract with Civil Survey for WWTP Effluent Reuse Study for $5,000 and authorize the Mayor to sign it. From (he desk of.. . Two Pa A reement with W.H. Moore for Water and Sewer on East Ustick Lenard Grady Attached is a Two Party Agreement with W.H. Moore for installation of Water Staff Engineer and Sewer as part of their roadway construction project. Three bids were Meridian Public Works Depart3nent 660 H. Water#ower, Suite 200 received for this project, with American Paving having the lowest overall price. Meridian, Idaho 83642 (208) 898-5500 Fax: (208) 898-9551 gradyl@meiidiancity.org • Page I The agreement amount is for $928,730.00 for the water and sewer portion of the project. Recommended Council Action: The Public Works Department recommends that City Council approves the Two -Party Agreement with W. H. Moore for reimbursement of $128,730 water and sewer installation costs as part of their road construction project and authorize the Mayor to sign it. Thank you for your consideration. Please contact me if you have any questions regarding any of these items. • Page 2 CHANGE ORDER No. DATE OF ISSUANCE EFFECTIVE DATE OWNER: Cltv of Meridian CONTRACTOR: Treasure Valley Drilling and Pump Company Contract: City of Meridian Test -Well #27 Project: Drilling and Construction of Meridian Test -Well #27 OWNER's Contract No. ENGINEER's Contract No. ENGINEER You are directed to make the following changes in the Contract Documents: Description: COSTS ASSOCIATED WITH ADDITIONAL DRILLING FOOTAGE (280 FEET), FURNISHING SCHEDULE 80 2 -INCH PVC CASING (1,569 FEET) AND WELL SCREEN (110 FEET), FURNISHING GRADED FILTER SAND (390 BAGS), AND LABOR COSTS FOR CONSTRUCTION OF THE TEST WELL (21 HOURS) SHALL BE ADDED TO THE MERIDIAN TEST -WELL #27 CONTRACT. Reason for Change Order. THE ITEMS DESCRIBED ABOVE WERE NOT INCLUDED AS PART OF THE ORIGINAL BID AMOUNT OF $24,600.00. THE UNIT PRICE OF PVC CASING, WELL SCREEN, FILTER SAND, AND WELL CONSTRUCTION LABOR WERE PART OF THE BID PACKAGE, BUT NO QUANTITIES WERE REQUIRED OR SPECIFIED ON THE BID SHEET. INVOICED UNIT PRICES MATCHED THE BID ITEM UNIT PRICES. THE ADDITIONAL DRILLING FOOTAGE WAS NECESSARY FOR SUCCESSFUL COMPLETION OF THE TEST -WELL AND WAS ORDERED BY THE PROJECT OVERSEER (HYDRO LOGIC, INC). Attachments: (List documents supporting change) SPREADSHEET COMPARISON OF BID AMOUNTS VERSUS INVOICED AMOUNTS CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price Original Contract Times: OD Substantial Completion: $ C� Ready for final payment: (days or dates) Net Increase (Decrease) from previous Change Orders Net change from previous Change Orders No. No. _ to _ No. Substantial Completion: $ Ready for final payment: (days) Contract Price prior to this Change Order: Contract Times prior to this Change Order: ff OO Substantial Completion: Ready for final payment: (days or dates) Net increase (decrease) of this Change Order: Net increase (decrease) this Change Order: ad Substantial Completion: $ Q,_ �� Ready for final payment: (days) Contract Price with all approved Change Orders: Contract Times with all approved Change Orders: 6O Substantial Completion: $ Ready for final payment: (days or dates) RECOMME DED: i APPROVED: CEPTED: By: By: B ENGINEER Authorized Signature) OWNER (Authorized Signature) ItTRACTOR(Authcorized Signature) Date: S�d S Date: Date: 0) cn v O `> ¢oOCao z00oo O O O N 0 LO N 0 U) a) -2 O > C)C�o0o o0Cao0 00 � co 000 0 0 0 t� O O O O C O 664 6N? r T-- 64 M W) tl 04 sEf} ""'' C7 N co co r CD CD O CD CD C+i i N tO CD r LQ 'e!' O � � � O:� E c ¢0000 ,, O:F E c o000o 00000 N D a)z00LOC) R3 _ d v > c c -- 0 -a 'p >1 �+ O O j O r 00 LC) LO CD U co Lr)r 0 0 t� w _ Qi Ci N O O C d C {1 N r M O L. �00000 ¢ ¢ zzzzz ¢ ¢ ¢ U U to c a} Qi o Lo 0 C) i 6 c a °� _ h H O .` 66% o o a LO CD 10 L)i _ � 0 a' L6 W� Cq C\T � d •� +�+ ::3 U 7 `. 0 C0 0 CO N C) .� C C � CO O O ClO 0 01 CO [O 0 C7 Q O G O d '� M CJ 64 CD O NC\l 6% 6% ui O C O C q� ¢ a O d ER 0 N 69 64 0 O r- ~ C3 mCD CLi V Q E rcn cl CD LO O E .m c O O z z O O z z d O !( Z m U)n w *, c � 0 o �J�� C: ZD m= a m C. E 0 U Co 0 co ¢� E � O691T c 0 C� (n 1- F v o c Cl) o = E . U) E N p cu WU tm e a CCS v v m T U v 7> ca U O ❑ NCL E O � W O Y a U O O- U C N CV U C CV a r� v O_ m to v a v ., o COM o ro q '-0 co C C cu y v -ul D U C U j a M O C ` C E C C CL C O � �0. L IL m __xx W ''^^ W CO_ V/ U- cn c cow 'c Q n c wwU 'c 'c 0 -- p © Li LL 12 lL Ii- U r N Md Co I,- CO CDCD June 3, 2005 MERIDIAN CITY COUNCIL MEETING .lune 7, 2005 APPLICANT ITEM NO. REQUEST Contract with Civil Survey for WWTP Effluent Reuse Study AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. COMMENTS See attached K�� Date: Phone: N Cllty df Merid>tain` Public Works Dept To: William Berg, Jr. From: Lenard Grady /Os. CC: Brad Watson Date: 6/2/2005 Re: Proposed Agenda Items for June 7, 2005 City Council Meeting _-4C D/ 2005 Gity OfMeiidian City Clerk Office The Public Works Department respectfully requests the following items) be placed on the June 7 City Council consent agenda: Well 27 Test Well Chane Order #1 (Final) Attached is a final change order with Treasure Valley Drilling for additional testing required to aid in aquifer selection in this well. The total change order amount is $20,616.00 and covers pump testing and chemical analysis. Recommended Council Action: The Public Works Department recommends that City Council approve Change Order #1 (Final) with Treasure Valley Drilling for additional work required on Well 27 Test Well for $20,616.00 and authorize the Mayor to sign it. WWTP Effluent Reuse Study Attached is a proposal from Civil Survey for a study to begin evaluating the feasibility of reuse of out effluent from the WWTP. This study is meant to give us a rough idea of how to proceed in the future. The proposal is for a not -to -exceed price of $5,000. Recommended Council Action: The Public Works Department recommends that City Council approves the contract with Civil Survey for WWTP Effluent Reuse Study for $5,000 and authorize the Mayor to sign it. From the desk of.. Two Party Acireement with W.H. Moore for Water and Sewer on East Ustick Attached is a Two Party Agreement with W.H. Moore for installation of Water stafrE Grady and Sewer as part of their roadway construction project. Three bids were Meridian Public Works Department received for this project, with American Paving having the lowest overall p rice. 66a E. W�tertawe , ho 8 200 Meridian, [da83642 (208) 898-5500 Fax: (208) 898-9551 gradyl@meridiancity.org 0 Page 1 The agreement amount is for $128,730.00 for the water and sewer portion of the project. Recommended Council Action: The Public Works Department recommends that City Council approves the Two -Party Agreement with W, H. Moore for reimbursement of $128,730 water and sewer installation costs as part of their road construction project and authorize the Mayor to sign it. Thank you for your consideration. Please contact me if you have any questions regarding any of these items. • Page 2 f CIVIL SURVEY CONSULTANTS, INC. AGREEMENT FOR PROFESSIONAL SERVICES Project No. 05022 THIS AGREEMENT between THE CITY OF MERIDIAN, hereinafter referred to as the "CLIENT" and CIVIL SURVEY CONSULTANTS, INC., an Idaho Corporation, hereinafter referred to as "CSC" is made and entered into this day of , 2005. The CLIENT and CSC in consideration of their mutual covenants herein agree as set forth. below. The Client desires to evaluate elimination of irrigation demands from the potable water system, the availablility of alternative sources of irrigation water, and the feasibility of developing a separate municipal pressure irrigation system, hereinafter referred to as the PROJECT. CLIENT INFORMATION AND RESPONSIBILITIES The CLIENT will provide to CSC a full and complete description of the PROJECT including; all design criteria, information as to CLIENT's requirements for the PROJECT, design objectives and constraints, capacity and performance requirements, flexibility and expandability needs, any budgetary limitations, and copies of all design and construction standards which CLIENT will require to be incorporated in the Drawings and Specifications. The CLIENT will also provide to CSC all associated project information including data prepared by others; soil borings, probings and subsurface explorations; hydrographic surveys; laboratory tests and inspection reports of samples, materials and equipment; studies and interpretations of all environmental assessment and impact statements; surveys of record; property descriptions; zoning, deed and other land use restrictions; title reports; other special data or consultations as may be available; all of which CSC may use and rely upon in performing services under this Agreement. The CLIENT will obtain permission for CSC to enter upon public and private property as required for CSC to perform services under this Agreement. SERVICES TO BE PERFORMED BY CSC CSC will provide services as outlined in the attached letter dated May 27, 2005. BASIS OF FEE AND BILLING SCHEDULE The Client will pay CSC for services provided. under this Agreement per the attached letter dated May 27, 2005. Notice to Proceed, either verbal or written, shall constitute acceptance of this Agreement by the CLIENT. THE TERMS AND CONDITIONS ARE PART OF THIS AGREEMENT. THE CLIENT AGREES TO SAID TERMS AND CONDITIONS. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. City of Meridian Civil Survey Consultants, Inc. 33 E. Idaho Avenue 100 South Adkins Way, Suite 101 Meridian, Idaho 83642 Meridian, Idaho 83642 BY: BY: NAME: Timothy A. Burgess, Vice President TITLE: ATTEST BY: NAME: TITLE: APPROVED BY CITY COUNCIL: WO -05022 1 0f 3 5127105 CIVIL SURVEY CONSULTANTS, INC. TERMS AND CONDITIONS GENERAL - CSC shall provide for CLIENT professional engineering and/or land surveying services for the Project described in this Agreement. These services will be performed in accordance with generally accepted professional practices for the intended use of the project. CSC makes no other warranty either expressed or implied. CSC shall not be responsible for acts or omissions of any party involved in the Project other than their own. CSC shall not be responsible for failure of any contractor or subcontractor to construct any item in accordance with recommendations issued by CSC. CSC has not been retained to supervise, direct or have control over Contractor's work. CSC specifically does not have authority over or responsibility for the means, methods, techniques, sequences or procedures of construction selected by Contractor(s), for safety precautions and programs incident to the work of Contractor(s) or for any failure of Contractor(s) to comply with laws, rules, regulations, ordinances, codes or orders applicable to Contractor(s) furnishing and performing their work. Accordingly, CSC can neither guarantee the performance of the construction contracts by Contractor(s) nor assume responsibility for Contractor(s) failure to furnish and perform their work in accordance with the Contract Documents. The CLIENT understands and agrees that subsurface and soils characteristics may vary greatly between successive test points and sample intervals. CSC will coordinate this work in accordance with generally accepted practice of the professional services being provided and makes no other warranties expressed or implied or as to the professional advice furnished by professionals providing soils testing or geotechnicaI advice. Resetting of survey and/or construction stakes shall constitute extra work and shall be paid for on a time and material basis in addition to any other payment provided in this Agreement. OPINIONS OF COST - CSC may be asked to provide opinions of construction or PROJECT costs as part of the professional services under this Agreement. The CLIENT understands and agrees that CSC has no control over the cost of labor, materials, equipment or services furnished by others, or over the Contractor(s)' methods of determining prices, or over competitive bidding or market conditions. The CLIENT understands that CSC opinions of cost are based on CSC experience and represents CSC's judgment based on that experience, but CSC does not guarantee or warranty that either quotes, bids or estimates prepared by contractors, subcontractors or other will not deviate from opinions prepared by CSC. The CLIENT agrees to employ an independent cost estimator if the CLIENT desires additional assurance, warranty or guarantee of PROJECT costs. Should the CLIENT request that CSC modify any PROJECT aspect to reduce construction costs, then those services shall be considered additional and beyond the scope of this Agreement unless specifically stated otherwise in this Agreement. REUSE OF DOCUMENTS - CSC shall retain an ownership interest of all professional products prepared by CSC. The CLIENT agrees that no product will be reused without specific written permission of CSC. The CLIENT agrees to indemnify and hold CSC harmless from any claims, damages, losses and expenses arising from unauthorized reuse of all work products prepared by CSC for the PROJECT. GOVERNING LAW - Unless otherwise provided in an addendum, the law of the State of Idaho will govern the validity of this Agreement, its interpretation and performance, and remedies for contract breach or any other claims related to this Agreement. SUCCESSORS AND ASSIGNS - CLIENT and CSC each is hereby bound and the partners, successors, executors, administrators and legal representatives of CLIENT and CSC are likewise bound to the other party to this Agreement, in respect of all covenants, agreements and obligations of this Agreement. Nothing under this Agreement shall be construed to give any rights or benefits in this Agreement to anyone other than CLIENT and CSC, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of CLIENT and CSC and not for the benefit of any other party. TIMES OF PAYMENTS - CSC shall submit monthly statements for services rendered and for Reimbursable Expenses incurred. CLIENT shall make prompt monthly payments. If CLIENT fails to make any payment due CSC for services and WO -05022 2 of 3 5/27/05 expenses within thirty (3 0) days after receipt of CSC's statement therefor, the amounts due CSC will be increased at the rate of 1.5% per month from said tenth day, and in addition, CSC may, after giving ten days' written notice to CLIENT, suspend services under this Agreement until CSC has been paid in full all amounts due for services, expenses and charges. TERMINATION - The obligation to provide further services under this Agreement may be terminated by either parry upon thirty days' written notice. Such termination shall be based upon substantial lack of performance by the other party under the terms and conditions of this Agreement when said substantial lack of performance is through no fault of the terminating party. If this Agreement is terminated by either parry, CSC shall be paid for services rendered and for reimbursable expenses incurred to the date of such termination. HAZARDOUS WASTE AND ASBESTOS - The CLIENT and CSC agree that the work covered in this Agreement does not anticipate either the presence or remediation of hazardous waste and/or asbestos. Hazardous materials may exist where there is not reason to believe they should be present. CSC and the CLIENT agree that the discovery of unanticipated hazardous materials constitutes a changed condition mandating a renegotiation of the scope of work or termination of services. CSC and the CLIENT also agree that the discovery of unanticipated hazardous materials may make it necessary for CSC to take immediate measures to protect human health and safety, and/or the environment. CSC agrees to notify the CLIENT as soon as practically possible should unanticipated hazardous materials or suspected hazardous materials be encountered. The CLIENT encourages CSC to take any and all measures that in CSC's professional opinion are justified to preserve and protect the health and safety of CSC's personnel and the public, and/or the environment, and the CLIENT agrees to compensate CSC for the additional cost of such work. In addition, the CLIENT waives any claim against CSC, and agrees to indemnify, defend and hold CSC harmless from any claim or liability for injury or loss arising from CSC's encountering unanticipated hazardous materials or suspected hazardous materials. The CLIENT also agrees to compensate CSC for any time spent and expenses incurred by CSC in defense of any such claim, with such compensation to be based upon CSC's prevailing fee schedule and expense reimbursement policy. DISPUTE RESOLUTION - All claims, disputes or controversies arising out of, or in relation to the interpretation, application or enforcement of this Agreement shall be decided through non-binding mediation or other mutually agreed alternative dispute resolution technique. The CLIENT and CSC agree non-binding mediation or other mutually acceptable alternative dispute resolution technique shall precede litigation or recourse to other judicial forums. RECOVERY OF DISPUTE RESOLUTION COSTS - In the event that legal action is brought by either party against the other, the prevailing party shall be reimbursed by the other for the prevailing party's legal costs, in addition to whatever other judgments or settlement sums, if any, may be due. Such legal costs shall include, but not be limited to, reasonable attorney's fees, court costs, expert witness fees and other documented expenses, as well as the value of time spent by the prevailing party and those in his or her employ in researching the issues in questions, discussing matters with attorneys and others, preparing for depositions, responding to interrogatories, and so on. The value of time spent and the expenses incurred shall, on CSC's part, be computed based upon CSC's prevailing fee schedule and expense reimbursement policy relative to the recovery of direct project costs. EXTENT OF AGREEMENT - This Agreement represents the entire and integrated agreement between the CLIENT and CSC and supersedes all prior negotiations, representations or agreements, written or oral. The Agreement may be amended only by written instrument signed by both CLIENT and CSC. WO -05022 3 of 3 5127105 Glenn K. Bennett, P.L.S. Civil Survey Consultants, Inc. 888-4312 President 100 South Adkins Way Fax888 0323 Suite 101 Timothy A. Burgess, P.E. Meridian, Idaho 83642 Vice President May 27, 2005 .. Len Grady City of Meridian 660 E. Watertower Meridian, ID 83642 Re: Municipal Irrigation / WWTP Effluent Reuse Dear Len: Thank you for considering Civil Survey Consultants to provide professional services to evaluate the possibility of reusing reclaimed wastewater effluent for municipal irrigation purposes. We propose to provide these services based upon the following' scope of services: Municipal irrigation is a significant demand on Meridian's potable water system.. Elimination of the irrigation demand can significantly increase the potable water system capacity without adding new wells and other infrastructure. Recognizing this, the City of Meridian desires to evaluate alternative sources of irrigation water including surface water and reclaimed wastewater effluent from the municipal wastewater treatment facility. Civil Survey Consultants will review current water quality data for effluent discharged from the existing municipal wastewater treatment facility as it relates to the newly adopted. regulations regarding the re -use of reclaimed municipal wastewater effluent for municipal irrigation. We will provide a opinion as to whether the effluent as currently produced by the treatment plant meets either Class A or Class B re -use requirements. If the effluent produced is not of a re -use quality we will provide a listing of the requirements that must be met to achieve either Class A or Class B quality. Civil Survey Consultants will conduct a preliminary review of the area surrounding the treatment facility to determine what opportunities exist for re -use of either Class A or Class B effluent. If reuse opportunities exist, we will prepare a concept and a preliminary estimate of cost to proceed with reuse. Our work product for this effort will be a letter report to the City of Meridian summarizing the results of our investigation. Evaluation of water rights is not included in this scope of services. The City of Meridian will provide water quality testing reports for the effluent from the municipal wastewater treatment facility as well as any available mapping for the area around the treatment facility regarding existing and proposed development and separate pressure irrigation systems. Grady May 27, 2005 Page 2 of 2 We propose to provide the professional services as outlined above on a time and materials basis at the hourly rates shown on the attached rate schedule with a not to exceed amount of $5,000.00 without prior approval of the City of Meridian. If the proposed scope of services and fee estimates are acceptable, please sign and return one copy of the enclosed Agreement for Professional Services. Again, thank you for considering Civil Survey Consultants for this project. Sincerely, Tim Burgess, P.E. Vice President Enc. Glenn K. Bennett, P.L.S. Civil Survey Consultants, Inc. President 100 South Adkins Way Suite 101 Timothy A. Burgess, P.E. Meridian, Idaho 83642 Vice President CIVIL SURVEY CONSULTANTS PREVAILING FEE SCHEDULE EFFECTIVE OCTOBER 1, 2004 Labor: Project Manager - $ 100.00 per hour Chief of Surveys - $ 100.00 per hour Project Engineer - $ 85.00 per hour Design Engineer 1 - $ 75.00 per hour Design Engineer 2 - $ 70.00 per hour Design/Survey Technician 1 - $ 65.00 per hour Design/Survey Technician 2 - $ 60.00 per hour Direct Expenses: GPS - $ 40.00 per hour Vehicle 2 -Wheel Drive - $ No Charge Vehicle 4 -Wheel Drive - $ No Charge Outside Printing - $ Cost Long Distance Telephone - $ Cost Sub -Consultants - $ Cost (208)888-4312 Fax 888-0323 Civil Survey Consultants reserves the right to change or modify this fee schedule at any time subject to approval of the client. June 3, 2005 MERIDIAN CITY COUNCIL MEETING June %, 2005 APPLICANT ITEM NO. 5-K REQUEST . Two Party Agreement with W.H. Moore for Water and Sewer on East Ustick AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST. INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: COMMENTS See attached Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. Ij RECEIVE ZO City Of Mern idia City Clariz Office To: William Berg, Jr. From: Lenard Grady AS. CC: Brad Watson Date: 6/2/2005 Re: Proposed Agenda Items for June 7, 2005 City Council Meeting The Public Works Department respectfully requests the following item(s) be placed on the June 7 City Council consent agenda: Well 27 Test Well Chane Order #1 Final Attached is a final change order with Treasure Valley Drilling for additional testing required to aid in aquifer selection in this well. The total change order amount is $20,616.00 and covers pump testing and chemical analysis. Recommended Council Action: The Public Works Department recommends that City Council approve Change Order #1 (Final) with Treasure Valley Drilling for additional work required on Well 27 Test Well for $20,616.00 and authorize the Mayor to sign it. WWTP Effluent Reuse Study Attached is a proposal from Civil Survey for a study to begin evaluating the feasibility of reuse of out effluent from the WWTP. This study is meant to give us a rough idea of how to proceed in the future. The proposal is for a not -to -exceed price of $5,000. Recommended Council Action: The Public Works Department recommends that City Council approves the contract with Civil Survey for WWTP Effluent Reuse Study for $5,000 and authorize the Mayor to sign it. From the desk or... Two Paqy Agreement with W.H. Moore for Water and Sewer on East Ustick Lenard Grady Attached is a Two Party Agreement with W.H. Moore for installation of Water Staff Enginm and Sewer as part of their roadway construction project. Three bids were Meridian Public Worcs Department received for this project, with American Pavinghaving the lowest overall rice. 66D Waterto , Id, hoSuite3642 � g p Meridian, Idaho 83642 (208) 898-5500 Fax: (208) 998-9551 gmdyt@meridiancity.org 0 Page i The agreement amount is for $128,730.00 for the water and sewer portion of the project. Recommended Council Action: The Public Works Department recommends that City Council approves the Two -Party Agreement with W. H. Moore for reimbursement of $128,730 water and sewer installation costs as part of their road construction project and authorize the Mayor to sign it. Thank you for your consideration. Please contact me if you have any questions regarding any of these items. 0 Page 2 AGREEMENT FOR: ROADWAY CONSTRUCTION 1 SEWER & WATER LINE IMPROVEMENTS EAST USTICK ROAD WIDENING PROJECT, N. Leslie Way to N. Duane Drive THIS AGREEMENT made and entered into this day of , 2005, by and between the W.H. MOORE COMPANY, hereinafter called W.H. MOORE, as first party, and the CITY OF MERIDIAN, a municipal corporation, by and through its Mayor and City Council hereinafter called MERIDIAN as second party, both parties being a body politic and corporate of the State of Idaho. WITNESSETH WHEREAS, the W.H. MOORE and MERIDIAN desire to undertake a joint effort to share the tasks and costs of reconstructing E. Ustick Rd from N. Leslie Way to N. Duane Drive including water and sanitary sewer installations hereinafter referred to as the CONTRACT. WHEREAS, W.H. MOORE is willing to accommodate MERIDIAN'S request by arranging for installation of the water line and the sanitary sewer pipeline as part of the Project plans so long as the W. H. Moore receives assurances that the W. h. Moore will be fully reimbursed for all costs and expenses it in.curs as a result of additional work attributed to the installation of the water lines and the sanitary sewer pipelines within the Project boundaries, including but not limited to, costs for changed conditions. NOW, THEREFORE, in consideration of the foregoing premises, mutual covenants and agreement herein contained, the parties hereto agree as follows: 1. W.H. MOORE SHALL: Be the party responsible for soliciting, receiving, and opening of bids and for executing and administering the construction CONTRACT for the roadway reconstruction, and sanitary sewer and water line installation work referenced herein; b. Provide MERIDIAN with a complete set of combined bid documents for the roadway reconstruction, and for the sanitary sewer and water line installation work referenced herein; c. Furnish MERIDIAN with an abstract of all bids received, and obtain MERIDIAN'S concurrence with W.H. MOORE recommendation for award of the CONTRACT prior to making such award; Page 1 of 4 d. Make monthly progress payments and the final CONTRACT payment to the Contractor in conformance with the terms of the construction CONTRACT; e. Submit to MERIDIAN a copy of each Contractor progress payment estimate, as such estimates are approved by W.H. MOORE, together with an invoice for MERIDIAN'S share of the construction CONTRACT costs earned by and to be paid to Contractor; f. Provide for the reference and replacement of all pre-existing survey monuments within the work area; g. Provide the trench compaction testing for the sanitary sewer and water line facilities from 1 -foot above the pipe zone to sub -grade of the roadway section; trench compaction testing shall be provided at the minimum frequency rate of one (1) test per five hundred (500) lineal feet per foot of trench depth; provide all re -testing required in any area that does not meet CONTRACT requirements; and h. Provide the field survey and grade control necessary for construction of the roadway. Centerline or offsets and stationing shall be established prior to MERIDIAN staking sanitary sewer, manhole locations, and service lines. 2. MERIDIAN SHALL.. a. Be the party responsible to provide the inspection, required for the installation of all sanitary sewer and water facilities installed under the CONTRACT. b. Remit to W.H. MOORE within thirty-five (35) calendar days after the date of invoice therefore, all funds for which MERIDIAN is responsible pursuant to this Agreement; c. Reimburse W.H. MOORE for any additional costs to W.H. MOORE attributable to the installation of sanitary sewer or to the removal of any or all items from the Contract that are associated with the installation of sanitary sewer and water pipelines. Page 2 of 4 3. THE PARTIES HERETO FURTHER AGREE THAT: a. The CONTRACT amount for the sanitary sewer and water portion of the project to be reimbursed to W.H. MOORE by MERIDIAN shall be based on the actual quantities of work acceptably performed, and/or, installed, as determined from field measurements, and paid for pursuant to the unit, and/or Jump sum prices established in the Contract; b. MERIDIAN'S approval will be required for any change order work involving the sanitary sewer or water line installations; c. Prior to commencement of work by the Contractor, the parties will, together with the Contractor, inspect the entire project for the purpose of reviewing the project to locate and note any unstable areas and resolve any items of concern or misunderstanding; d. This instrument contains the entire agreement between the parties with respect to the subject matter hereof; e. This Agreement may not be enlarged, modified, amended or altered except in writing signed by both of the parties hereto; f. All signatories to this Agreement represent and warrant that they have the power to execute this Agreement and to bind the agency they represent to the terms of this Agreement; g. Should either party to this Agreement be required to commence legal action against the other to enforce the terms and conditions of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and costs incurred in said action; h. Any action at law, suit in equity, arbitration or judicial proceeding for the enforcement of this Agreement shall be instituted only in the courts of the State of Idaho, County of Ada; and i. This Agreement shall be binding upon and inure to the benefit of the personal representatives, heirs and assigns of the respective parties hereto. Page 3 of 4 IN WITNESS HEREOF, the parties hereto have executed this Agreement on the day and year herein first written. ATTEST: W.H.MOORE COMPANY By: By. Winston Moore President ATTEST: CITY OF MERIDIAN Approved by Council: 6114105 By: By: William G. Berg, Jr. Tammy de Weerd City Clerk Council President Page 4 of 4 =May 'i 1, 2005 I 31D FORS t9iY1�72lCfF�v .4 Page 3 FOR GENERAL CONTRACT WORK DEVELOPERS: W.H. Moore Company A y 1940 S. Bonito Way, Suite Smith Brighton Properties CONSULTANTS: Quadrant Consulting, Inc Meridian, ID 83642 12601 W. Explorer. Dr, Suite 200 Boise, 405 S. 8`h Street, Suite 295 208-323-1919 iD 83713 208-378-4200 Boise, 1D 83702 Contact: Jonathan Seel Contact: Matthew Smith 208342-0091 Contact: Scott Kaufman City of Meridian 660 E. Watertower, Suite 200 Ada County Highway District 3775 Adams Street Six Mile Engineering Meridian, ID 83642 Garden City, id 83714 10448 Garverdale Ct Boise, 208-898-5500 Contact: Bruce 20.8-3876300 ID 83704 208-378-0654 Stewart Contact, Gary Inselman I Contact: Larry White 1. In submitting this Bid, Bidder represents that: a. If this laid is accepted, Bidder will enter into an agreement to perform and furnish the Work described in the Bidding Documents for the Bid Price and within the Time of Substantial . Performance indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. b." Bidder has carefully examined the Bidding Documents and the Specifications. USTICK WIDENING PROJECT PROPOSED STREET IMPROVEMENT PLANS, SHEET NUMBERS -S-1 THROUGH S-33. Dated: 5110/05 c. Bidder has examined the site of -the work, existing conditions, and all other conditions affecting the work on the -above-named Project. d. Bidder has carefully correlated the information known to Bidder and information_ and observations obtained from visits to the site with the Bidding Documents. e. Bidder is familiar with federal, State, and local laws and regulations applicable to Project. f. Bidder guarantees there will be no revisions or withdrawal of bid amount for forty-five (45) days after the bid opening. 9• Bidder acknowledges and understands those items listed in Exhibit A "Contract Terms." Street Improvement Bid: Bidder hereby proposes to furnish all materials, labor, equipment, tools, transportations, services, licenses, fees, permits, etc, required to complete the Work described by the Contract Documents for the Street Improvement Plans (sheets S-1 through S-16 and S-30 through S-33) for the lump -sum fee of: � l i -t-1 atJ �u i�-t1Fs D T aN6 n tJ SA-r�t p �UtZgollars b©_ �. I+VIUDA2 6P7 SrscTI) R VE Eagle Road Traffic Signal Bid: Bidder hereby proposes to furnish all materials, labor, equipment, tools, transportations, services, licenses, fees, permits, etc, required to complete the Work described by the Contract Documents for the Street Improvement Plans (sheets S-17 through S-21) for the lump -sum fee of. l Y�! ��`' o D 0►2 "OW -00 Dollars ( p . �� ) his - FIVE N. Alley Way Traffic Signal Bid: Bidder hereby proposes to furnish all materials, labor, equipment, tools, transportations, services, licenses, fees, permits, etc, required to complete the Work described by the Contract Documents for the proposed N" Alley Way Traffic Signal (sheets S-22 through S-23) for the lump -sura fee of: Dollars ( - d ) ��vF_ Usbck Wideni g Ziect Bid Forms f = May 1 i , 2005 Sewer and Water Utility improvements Bid: Page Bidder hereby proposes to furnish all materials, labor, equipment, tools, transportations, services, licenses, fees, permits, etc, required to complete the Work described by the Contract Documents for the proposed Sewer Extension (sheets S-25 through S-29) and sewer and water extensions shown on sheets S-1 through S-11 for the lump -sum fee of: �SHtaD �0--� tz j Dollars (8 7 —V�it J Unit Price Bid Amounts; Over excavation: Excavatd and discard an additional 18" of unstable material, fine bottom and sides with a 4 ozfyd non -woven geo-textile fabric, backfill with 8" minus pitrun and compact per 1SPWC_ &uftat'91 square Foot 51S RESPECTFULLY SUBMITTED: Company Name: Amcan Pav ' n'Com.pany Signature: Title:Jie President: Business Address: PO Box 395 Meridian, Tdaho 83580 12145—AAA-2-4 (43) 888--7,988 888-5020 Licence Na. Telephone FAX **American Paving Co, acknowledges Addendums #1 5/12/05,.#2 5/20/05 and #3 5/24/05** Ustick Widening Project Bid Forms May 11, 2005 "EXHIBIT A" - Contract Terms The construction contract shall include at minimum the follow-inprovisions: 1. The contractor shall provide payment and performance bonds required by the Public Contracts Bond Act, Chapter 19; Title 54, Idaho Code naming ACHD as an additional beneficiary, 2., The successful bidder be licensed as a public works contractor (Chapter 19, Title 54, Idaho Code); 3. The construction of the Project in accordance with the approved designs, plans and specifications be Substantially Complete within eighteen (18) weeks from the date Developer issues a notice to proceed to the contractor, or no later than October 31, 2005; 4. Ustick Road shall remain open to the public with two (2) paved travel lanes throughout the duration of the Project, subject to scheduled temporary closures as necessary far utility crossings and related work as approved by.ACHD; . 5. The time for Substantial Completion will only be extended by (i) acts -of'God, (ii) war, (iii) delays caused by ACRD, (iv) unreasonable delays caused by utilities, as determined by ACHD, or (v) any request for extensions of time approved in writing by ACHD that is submitted to ACHD in accordance with applicable sections of the most recent edition of the ACHD General Conditions for Developer Funded Projects; 6. The contractor shall -pay liquidated damages of One Thousand Dollars ($1,000) per day for each day that Substantial Completion of the construction is delayed beyond eighteen (18)'weeks from the date Developer issues a notice to proceed, or no later than October 31, 2005, or beyond the extended date as allowed by Section 5 above; 7. The contractor shall maintain liability insurance insuring against bodily injury or death with limits of not less than Two Million Dollars ($2,000,000) per person and per occurrence, and property damage with a limit of One Million Dollars ($1,000,000) -per occurrence, naming both Developer and ACHD as co - .insureds; 8. The contractor shall indemnify ACHD and Developer from any and all claims by third persons arising out of the performance of the contract; 9. The contractor and ACHD shall be co-permitees on the Environmental Protection Agency (EPA) Construction General Permit (CGP) and that the contractor shall file a Notice of -Intent (NOI) and develop and implement an approved Storm Water Pollution Prevention Plan (SWPPP) prior to commencement of construction, and that the contractor shall not file a Notice of Termination (NOT) with the EPA until authorized in writing by ACHD. Authorization for the contractor to file the NOT will be granted by ACHD when the area subject to the CGP has achieved final stabilization as defined in the CGP. 10. The contractor shall provide at least a one (1) year warranty on the work and materials of the Project that is assignable to ACHD; and 11. ACHD may unilaterally assign the construction contract to a third party in the event of a default by . Developer under this Agreement. END OF DOCUMENT Usbck WN dening Proieci Bid Forms "_ r • • • • Telephone: 888-7988 P.O. Box 395, Meridian, Idaho 83680 Idaho P.W. #12145 -AAA -2-4 (43) Fax: 888-5020 Oregon CCB # 137240 May 26, 2005 WH Moore Attn: Jonathan Seel PO Box 8204 Boise, Idaho 83707 Re: Bid for Ustick Road Widening List of subcontractors As required, American Paving Co. is providing you with a list of our potential subcontractors for the above referenced project, to be attached to our bid in the amount of $1,597,905.00. Electrical: Power flus, Inc. 25 N Hamman Boise, Idaho 83704 (208) 323-1506 Idaho PW: 10947 -AAA -4 (16000) Contractor Lie. # 14995C Landscape: Metcalf Landscape 2400 S Raymond St Boise, Idaho 83709 (208) 362-:2411 Idaho PW: 11.001 -AA -4 (17,25,3 9) Utilities: Sommer Construction 16200 N 20t` Nampa, Idaho 83687 (208) 465-4778 Idaho PW: 12205 -AAA. -1-2 Concrete: C&D Concrete 618 Crestview Dr Nampa, Idaho 83686 (208) 941-5164 Idaho PW: 15396-C-4 (9;16) Traffic Control: Specialty Constriction .12450 Franklin Rd Boise; Idaho 83709 (208) 322-6800 Idaho PW: 12763 -AAA -4 (47) Striping: Curtis Clean. Sweep PO Box 44112 Boise, Idaho 83711. (208) 343-7600 Idaho PW: 13294-A-4 (09950, 02761, 02785; 03900, 1.8800) If you have any questions or concerns, please don't hesitate to contact our office. Sincerely, American P - g Co. Terry Lutz Vice President WH Moore Ustick Rd Subs June 3, 2005 MERIDIAN CITY COUNCIL MEETING June 7, 2005 APPLICANT ITEM NO. 5-L REQUEST Approve Bills AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. COMMENTS June 3, 2005 Department Reports MERIDIAN CITY COUNCIL MEETING June 7, 2005 APPLICANT Attorney's Office -- Bill Nary ITEM NO. 6-A-1 REQUEST Update on Solid Waste Advisory Committee AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT. CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT. SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials Presented at public meetings shall become property of the City of Meridian. June 3, 2005 Department Reports MERIDIAN CITY COUNCIL MEETING ,lune 7, 2005 APPLICANT Attorney's Office -- Bili Nary ITEM NO, 6-A-2 REQUEST Request for Approval of Two Recycling Projects recommended by Committee AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See a"ached CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: sj--� CITY WATER DEPT: �n CITY SEWER DEPT: i CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY. 1 CENTRAL DISTRICT HEALTH: ( Ptr4 NAMPA MERIDIAN IRRIGATION: tZi - SETTLERS IRRIGATION: IG w IDAHO POWER: I r US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. Mar le o5'Ol:39p River_Valle!d ElementarH 208-884-.8927 p.2 :l -- Community Recycling Fund Application i!O This application is to be completed by organizations applying for community recycling funding. Please note: We can only consider applications for projects within Meridian city ilmifs; which pertain to recycling: which have a 1:1 matching component; and confain recycled content, if applicable. Please return completed appfcation to Sanitary Services, Co. 2130 W. Franklin Road, Meridian, Idaho, 83642 or fax to 888-5052. Organization game Address a� S PA I 1 City state -1 rp Code Contact Name and rifle Phone Number l Fax Number Describe your organization's purpose. Affach additional sheets if needed. Describe the community recycling activity you would like to have supported. Attach additional sheets if needed. C 1 rno'--�Crl Z7�-Or �.a be ac r e Total funds requested Q '� _ Total estimated cost of project and A9Sen+ktly Describe haw the community recycling funds will be used, how the matching contribution will be i determined, and the schedule for the project. Attach additional sheets if needed. I ' mac�¢ • ` 4 rr r 0 flex OiLr t r cs5c �j1The re UzAk be cow. lckcd Wryy�r, Signature of Contdct Fersok fate —?� r, . s ��(We rnafst Ferre a slgnctiure r cuss your request) 65/23/2005 13:03 8887328 PEREGRINE PAGE 01 Cornmurrity Recycling Fund A.ppliCatior� This application is to be completed by organizatiOns applying for community Please notes We can only Consider applications for projects within Meridian pertain to recycling which have a 1:1 matching component; and E0' recycling funding. city limits; which applicable. Please return completed application to Sanitary and contain recycled content, if Meridian, Idaho 83642 or fax to 888-5052. 0 �. Franklin Road, Organization Name Pere rine Elements School Address 1864 Waltman Read City 1VXeridian State _Idaho� Zip Code gi 3642 Cont-Ut Name and Title Sandi Scheele Prince a! of Pere rine Elenaenta Phone Number 888-13$4 ,Fax Number _888-7328 Describe your organization's purpose, Th e ux use of Pere rrine Elementa is to rovide educate to students between kinder amen and fifth ode. Qur maia� �r ase is #o " re are Coda ' children for t rides of challezw es". Pere zine Opened a"n Au rtst 20Q0 and we have over 600 children each da committed to hel in the children not onl learn academics but to al o fear °morrow's conamuni and character traits. We are n more about the Describe the community recycling activity you would like to have supported. Our school has a -maids ro ram which hel s tlae commune zn ruin different vv of students comes from the third rade throu h lfifth rade but all of the children in th with man of the ra'ec s. Same of the ro'ecls conn feted this ear w a s. This rou Dunt we won fvr the third ear a row Rake a school lel Veterans cleanira u the road goree t Eb were res clin Your Coins Lh Meridian Easter Basket Of Need Valentines for Cross Red Ribbon Week Freda Saies have he]1"I,euke uia Lhm to Nursin Homes ed some of the families in our school and raisin moue far m round a ui me,ot at our alon with Total Funds Requested $7� I�Q0 total Estimated Cost of Project �1 020.00 school. Describe haw the community recyclin determined and the schedule for the pg fends will be used, how the matching contribution will be Pers rine Elements will be elfin some as halt lair! down in the back of the school rack area. At the resent tim we do have bike racl�s on the ea t side of the school andfor a bike seed t the students cumin to the school from the front side. We do have children lhatthe are from #!re back of the school and the la their bikes alorr the fence line wlrictx has b bikes are smashin the bushes and the are riot secured for safe concern co€e in fundin to het us urchase bike racks to hold l►vert bikes on this as ashes. The s• Weare re uestin attachment which shows the bile racks _ teen in calor. We can take care of the ns a----- see the art of the cost of the racks. This will be cum feted For the be ronin of the next ear , Aun And 2005• ust Signature of Contact Person and Dat rr .05/23/2005 13:03 8887328. PEREGRINE PAGE 02 100% Recycled Plastic I3ikc. _.a,cks Page I of I &Wyi Cert i44'rM, New Products 1 Free Catalog f About Us FAQs 100116 ROCYCied Plastic 131ke Ralik Barb"' Faad S This bike rack has the capacity to securely hold Camps 10 bicycles. The 100% recycled plastic lumber Picnic construction is not only durable and maintenance, Bend, free, but it will not scratch the paint on bicycles as metal or concrete bike racks may. Available in ffablesattractive calors to complement any architectural never. Perfect for schools, libraries and parks. Smoke %Ple:.137sC87rut... t... .. s.. Planter } „ . Bleach fSporfR s • . >> Click Mere or Dimensfons << E7 En -biv • • • - . .. ..:. .. ick. Drirkin Sanitat ENTER QUANTITIES FOR THE ITEM(s) YOU WOULD LIKE TO ORDER encs 1 OQ % Rec cted_Plastic Bike Rack Tents BR -200 O'Length - - _ — - _ _ __ . -__. _ city - Pool F Cup) y Choose Colnr _ (170 lbs) $etl0 pp � Umbrel (Prices F.O.B. a Some Assembly Required °�•" ; �1 Bus St Univer P - revlous Product copyright and Disclaimera 1993.2DD5, Belson Outdoors, Ino, Next Product . 40". ft I 0I= vl. _ M.AIY-02-2.e05 10 ; 33 AM Or- SPURN 707 6,93 1701 P.01 I��VEGflr{Id1! "' Community Recycling Fund Applicatlon G&C This application is to be completed by organizations applying for community recycling funding. Please note: We cern only consider appllcoNons for protects within Meridian city limits; which pedoln to recycling; which have a 1:1 matching component; and contain recycled content, if applicable. Please return completed application to Sanitary Services, Co. 2130 W. Fronklin Rood, Meridian, Idoho, 83642 or fax to 888-5052. Organization Name 1 . ...... _..— W_ State �._ d��!iC� Zip Code Contact Name and 'title Taay.L�.LV._ Phone Number � � �� Fox Number Describe your organization's purpose. Attach additional sheets if needed. Describe the community recycling activity you would like to have supported. Attach additional sheets if neaded, P"t" l� Total funds requested t (dv—a � �-�' - I P" project - 1 � � .. .�`4 4.Sl1 tplY I Tata sti ted cost of roject Y �j [describe how the community recycling funds will be used, how the matching contribution will be determined, and the schedule for the project. Attach additional sheets if needed. 1 Signature of Contact person' Date (We mutt have 0 slg uf*to procerts your reguettt. ._..-- Community Recycling Fund Application Organi2ttion Name: Mary McPherson School Describe your orgaai moon's purpose. Our main purpose is educating our youth on the benefits of recycling. The items we will be purchasing demonstrate the value of recycling products rather than throwing there in the trash. Today's children aro our future and by educating there on the value of recycling then we will all benefit, Describe the community recycling activity you would like to have supporters. We would like min recycling bins, crayons and Prisbees which are made from recycled products. Describe how the community recycling funds will be used, bow the snatching contribution will be determined, and the schedule for the project. The community rocyc@% funds will be used to purchase soy crayons, Frisbees, and mini recycling bins with environmental theme colorable puzzles and crayom inside each one. The matching contribution will be determined through the personal time putt forth as well as the planning and project implementation. By educating the children that these items are made from recycled content allows them to visual see and feel the benefits of recycling_ This touch and ibel approach wilt make a strong impact in educating them on the importance ofrecycling all types of materials. The project schedule is to be completed in the Fall 2005/1;pring 2006. All materials will be donated to Mary McPherson Elementary School In Meridian Idaho. MAY -02-2005 10:35 AM OSBURN 707 693 170,1 P.03 Ml-K—c^� d10E� i J� luk I .`tN tlK 1 N I I NU b14 4: 331 W"10 F' . Idj /0:r Weise1"t.baCh (614) 251-8585 or I-804-778-5420 Specialty Printing FAX (614) 251-8440 r N c 0* 0 o R A T 8 0 437 Holtzman Avenue i Columbus, OH 43205 JUM Warne Soy Bean Crayotgt, 4 Ppk, IMPRINTED 4/27/2005 www.rocyoWproduoU.corn ,. Estimate ate # 2031 descripgon Say San Crayons. 4.pi4 box Includes a blue.. --- �y McPherson Vew, red and yellow emyon. • RC3Ch6i{e crhb0zQnetzer0xW "M COPM Pro -printed Box Sft box Size. i -1a W x 3.9/4' L x 3184 C CD Imprint cobra Standard Imprint Colors (red, WUe, qrftn, black) � imprint am 2-1/7 w x V h. 3ilkscm0n. fool False Includes one Color imprint on box in one Iacek Recycled content., O*yOM are made frm I5%;oybW csll< CMYOn box is melt hqm 100% re,cyded papeftard. Avalfable with or wilt"pM Mallz0tI0n, Please price Include order in incmern of f< ftem q~may 578 *QUICk Ship avabble. S F]ey ftducthn. 86me Nrite E t h $0.330 restrldkms h+, Eetirrutd Shipgirr� mm Tow $225.08Prodvotign fte. 10-12 wc* days on srrWkw quarams Eatlimate Notes. $hippbV is adtftcmal Minimum oder is 576 • Enu Wwwt tc we"«resclr.oa 0 Order in increments M 298 Now ha,c rw *w 30 drys. • $arm w ms subiea to atirrJurrdarr due (oft On&V p OOM. F -MY aAbrt Is mads to $* ExAct arjw►rny. ws rrnaiae fim.chW qLwjkly deiiow, MAY --02-2005 10:35 AM OG.BURN Wt ! ZIVbFf-ht t- K i N1 1 NU Weisertba h Specialty Printing I N C 0 R B O A A T a D iWO nertte Sirs, MW Dirt (KkrO CMv6 ty Kft), #$7318 descriptlon Kk filled MIA onvironmenW theme eabradla P (nom " mcyc4d paper) and aayons. Item +odors Fled, medlutn or dwk4 hle or green, burgundy size 4" W x 3" D x 3" N imprint colOm StanftN imprfltt o*r is white. Check for tither imOnt VOO 'I" W x 24 H Prtcs Includes WE (Oftsi g WWW) RECYCAA BW desip on fdecl �o[1i11sgt: Msd&fiOm 0 rrtinirr"" O} 25% POU-CWSUMer re%Mlod WkWc. PAW IneWdes Production tlma 15-20 wq* daya krtprirded 10 worst day NO It»"t ' � work t4' �r 'rentatich.tom. " Prlcet honored for �p eya< l�amd Ofdom eUN" t4 dti� W416MM Cue to w* =Oft �} txoaws. Emmy net is a� to WO MCT; tom. We #tb NCturl gllelstlty QElhRS1 i 707 693 1701 P-04 f,.-.. �j4 dw"31 CSWi1U P,YJ�C1J (614) 251-8585 or 1-800-778-5420 FAX (614) 251-8440 437 Holtzman Avenue * Columbus, OH 43205 4/2712005 www.racycledmoducft.corn Estimate # 2153 The! Marr McPherson School Attn: Rochelle c ozQnetzero.net Item Ruarfr 100 Prue tlr $3,920 slip 4100.00 UUMMed UlopkV $0.00 rtom Tow $492.00 Estimate Notes Shipping is addh,"W Crayons are Soy Bsusd, 11AY-02-2005 10:36 AM OS13URH MI'hi-��-�ai05 W'j; .Sb ( Wt i btNdHU1 rN I N i i Nlt Weis e�n acjr 707 693 1701 P.05 — — - - b14 dI)l W4410 r.�s,�3 . (d14) X51-�5�5 or :1-IVU-•/•/6-�4;LU Specialty FriY,►t�an� ,r Y N D c U R P 0 R A T 8 FAX {6 1 4} 251-8440 imprint area S' diameter (Hot stamp) 437 Holtzman Avenue * Columbus, OH 43205 Itam name Flyer, FrisbeeO ReFlyerO FUN ffyioa disc, 4.1x27/2005 WWW.rSCYcledproducts.com 110gr Model shown. Two other models o available. (#52210) Estimate # 2067 Estimate description Our premium model Is made from over 60,% ...... post -consumer recycled plastic. The look is The Mary McPherson School out -of --this world --translucent plastic with swirls Attn: Rochelle of colors throughout -110 gram, Larger, heavier crhboz@netzero.net Models available. Check with office on pricing. item colors Translucent with swirls of color sly 9-5116` diameter —1 3 imprint colors Black or dark blue only. (Large sollOs do not CD reproduce well). ,r imprint area S' diameter (Hot stamp) H L4Z Cly 0 PClae Includes bl#nk goods o Recycled content: Made from over 60% post -consumer recycled - plastic. (LDPI;4) ...... The recycled material of the ReFlyer® presents price includer, certain Imprint design challenges and imitations. Check with us for details. Production time 15-20 days Item quantity 250 Price Each $2,500 Setup $125-00 Estim2ted Shipping $0.00 item Total $750.00 Estimate Notes Shipping is additional mail ®1tV10rlG 10' grtyaprf� w0isenbnch.Cpm. Prlgas hoflww for 31.1 daym, ` Same pry subleet to cwt/mdeft due to tno OntlK P=eas. Every ~ is made to &h!y EXACT quantity. We ImNCe the aetudf gUntity "NOW, APR -29 -MOS 07:45AM FAX:614 251 8440 ID: MAf2YMCPHERSt3iq Tn"I a ra-t PAGE:203 R=100 MAY -12-2005 09:33 AM OSBURN 707,69S 1701 p.01 �NlGI7t1�7A"1I� v. Cammunity Recycling Fund A Hcatl pp an Stic This application is to be completed by organizations applying for community recycling funding, Please note; We can only consider applications for projects within Meridian city llrnh; which pertain to recycling; which have a 1:1 matching component; and contain recycled content, if applicable. Please return completed application to Sanitary Services, Co_ 2130 W. Franklin Rood, Meridian, Idaho, 83642 or fax to 888-5052. Organization Name � M ���;gz 7 Address.. City- D j i ! _ . - state Zip Code Contact Name and Title� Phone NumberL Fax Number,_„_��_�p Oescribe your organization's purpose_ Attach addliional sheets if needed, Describe the community recycling octivify you would like to have supported. Attach additional sheets if needed. Total funds requested ta'o SD deo Total estimated cost of project -ALL� -Ti* f Describe how the community recycling funds will be used, how the matching contribution will be determined, and the sch Jule or the project. Attach additional sheets if needed. Signature of Contact Person_ Date (We must have Sig lure to process your request) MAYS --12-2005 09:34 AM OS -BURN 707 693 1701 4 . Community Recycling Fund Application Organization Name: Mary McPherson School Describe your organitation's purpose. Our main purpose is educating our youth on the benefits of recycling, The items we will be pwch=4 demangmte the value of recycling products rather than throwing them in the trash, Today's children arc out future and by educating them on the value of recycling then we will all bencfit. D"cribe the community recycling activity you would like to have supported. We would like 32" square folding tables, roller cart for the six tables, 8' picnic tables, 6' in -ground benches, and 6' portable benches which are al[ made from recyclable material. Ae%ribe how the community recycling funds will be used, how the matching contribution will be determined, and the schedule for the project. ,fhe: community recycling funds will be used to purchase six 32" square folding tables, a roller cart for the six tables. four 8' picnic tables, four 6' in -ground benches, and four 6' portable benches which are all made $om recyclable material. The matching contribution will be determined through the personal time put forth as well as the planning and project implementation. By educating the children that these items are made from recycled content allows thein to visual see and feel the benefits of recycling. This touch and feel approach will make a strong impact in educating theta on the importance of recycling all types of materials. The project schedule is to be completed in the Fall 2005/Spring 2006. All materials will be donated to Mary McPherson Elementary School In Meridian Idaho. Msa4:-12-2005 09:34 RM D,SSURN 707 693 1701 P,�� uVWV41 vluuUVib - t V�x�tdE( ,UlLS[ YUVLG OUVIAAA66Cu j1714 693 JL;Jy; l' _ '.V1 t -age 1 Ot L CONGRATULATIONS You have successfully placed the following quote request with Belson Outdoors! A sales _..--- representative will contact you soon. For future reference, your Quote Number Is SQ4024. Make sure you print this page for your records. Thank you for shopping at Belson Outdoors! Click here to go back to the catalog. 2*11112 111 North River Road Toll Free: 1-800-323-566 North Aurora, IL. 60542 Phone: 1-630-897-8489 �1 0 4 T h s sales@belson.com Fax: 1-630-897-0573 QUOTE Product Code Description Lbs Quantity unit Unit 32" Square � price Total USB47467 Hale -Bord Xaba Folding Table w/llrrrbrella 138 1 ° $129.00 $774.00 58888831 Quick Fold Roller Cart - White 76 1.,•� $330.00 $330.00 Plastlsol 8" Perforated Rectangular Picnic Table, f,8_p Portable EV Evergreen Top/Seats 1292 $630,00 $2,520.00 BK Black Frame Plastisol 6" Traditional Style Bench, In -ground T61NB-1 EV Evergreen Back/Seat BK Black Frame 372 $295.00 $9,480.00 7509 Recycled Plastic DURA Bench. 5" length, Portable Mount, Gray e40 $280.00 $1,040.00 We have very favorable shipping rates but due to a com xubtotal " 251 g Subtotal $5,8g4.0g formula, we Will add "Shipping" to your quote after you submit it. (Illinois Only) lax Shipping - Tj if 7 7 7, Your quote will not be shipped without your "Final Order Confirmation" Grand Total Sold To, First Name Rachelle Lost Name Osbum Company Mary McPherson Address* x Address city* Maridler State U Zip Code 8634Q Country Phone- 208-846.9541 Fax 208-888-6404 E-mail Ship TO: Fit Name Rechelle Last Name Osbum Company Mary McPherson Acldrew K Address city" Mendlan State lb Zip Code Country Phone" 208-846-9541 Fax 208-888.8404 E-mail Additional Delivery Services - Does not apply to UPS Shipments (United Parcel Service) FS MAY -ii -E005 02:23PM FAX: ID:MARYMCPHERSON PF;GE:001 R=100!, June 3, 2005 Department Reports MERIDIAN CITY COUNCIL MEETING June 7, 2005 APPLICANT Attorney's Office -- Bill Nary ITEM NO. 6-A-3 REQUEST Discussion of Ordinance for Using Public or Private Properly as Thruway Street AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEFT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: COMMENTS �yd vr,61" Date: Phone: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. RECEIAMD i r;, gt �5 C'tCITY OF MERIDIAN ORDINANCE NO. City CeMeridian BY THE CITY COUNCIL: BIRD, DONNELL, ROUNTREE, WARDLE AN ORDINANCE ENACTING A NEW TITLE 7, CHAPTER 1, SECTION 11, MERIDIAN CITY CODE MAKING IT UNLAWFUL TO USE PUBLIC OR PRIVATE PROPERTY AS A THROUGHWAY STREET; AND PROVIDING FOR A WAIVER OF THE READING RULES AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1: That Title 7, Chapter 1, Section 10, Meridian City Code is hereby enacted to read as follows: 7-1-11 USE OF PUBLIC OR PRIVATE PROPERTY AS A THROUGHWAY A. It shall be unlawful for the operator of any motor vehicle to drive upon or use any public or private real property as a throughway to bypass an intersection controlled by a stop sign or traffic control signal. B. It shall be prima facie evidence of a violation of subsection (A) for an operator of a motor vehicle to enter public or private real property from a highway or street and immediately thereafter exit the same property without stopping or slowing before re- entering an adjoining highway or street. C. It is not a violation of this ordinance to use any public or private street as allowed by law. Section 2: That pursuant to the affirmative vote of one-half (112) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. CENTER TURN LANE USE - Page 1 of 2 PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day of , 2005. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this _ day of , 2005. MAYOR ATTEST: CITY CLERK CENTER TURN LANE USE — Page 2 of 2 June 3, 2005 Department Reports MERIDIAN CITY COUNCIL MEETING June 7, 2005 APPLICANT Attorney's Office — Bill Nary ITEM NO. 6-A-4 REQUEST Update on Handbook Policies AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER. Contacted: _ Emailed: COMMENTS Date: Phone: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. RECEIVED JUN - 1 205 City ofMeridian. CITY OF MERIDIAN City Clerk Office STANDARD OPERATING POLICY AND PROCEDURE NUMBER 6.2.2 SUBJECT: USE OF CITY OWNED TELEPHONES AND CELL PHONES, FAX AND COPY MACHINES, AND COMPUTERS PURPOSE: To outline specific guidelines regarding the use of City -owned equipment such as telephones, machines, computers, etc. POLICY: As per SOP 6.2, all City -owned equipment shall be used solely for the purpose of meeting the City's operational and business purposes. No unauthorized personal use of City equipment shall be allowed. AUTHORITY & RESPONSIBILITY: Supervisors and department heads are responsible to ensure that all City -owned equipment and resources within their areas of responsibility are used solely for business purposes. PROCEDURES AND RELATED INFORMATION 1. TELEPHONES A. City telephones are to be used for business purposes. Outgoing local personal telephone calls of short duration may be made during breaks or lunch periods, in private offices if available. B. Incoming personal phone calls should be taken as brief messages only. C. Personal long distance calls may not be made unless the charges are reversed or charged to an employee's personal credit card or home telephone. D. The City may issue cellular telephones to employees if necessary for the efficient conduct of company business. Use of the cellular telephones is restricted to City business. See also City Policy 6.2.6. 11. GENERAL OFFICE EQUIPMENT AND MACHINES Fax, copy and other machines are to be used solely for business purposes. Personal use of this equipment is prohibited. Ill. COMPUTERS A. Computers are to be used solely for business purposes. All computer equipment, including but not limited to records, software, equipment, and communications are City property. B. The City shall have the right to monitor the use of such property at any time. Users shall not have any expectation of privacy as to the use of City computers including but not limited to e-mail communications and internet information that is drafted, accessed, received, sent, forwarded, copied or downloaded. C. The City, at all times, reserves the right to conduct searches and inspections and otherwise monitor all computer-related infonnation, data, communications, all files stored in City networks owned or leased by the City, or on any other storage medium provided by the City for City business including but not limited to floppy disks, tapes, and compact disks in order to monitor compliance with this policy. D. Employees are not to place personal copies of software or data on any City computer without prior authorization. IV. VOICE MAIL A. The City's voice mail systems are designed to increase productivity and efficiency, and should be used accordingly. When using voice mail, employees are required to be courteous and respectful. Sensitive or personal information shall not be left in voice mail. B. Employees have been assigned a personal password. Passwords should be kept confidential, expect department heads to have a list of all employee passwords within the department. Passwords may be changed to maintain security. Management may randomly monitor messages to determine whether any unauthorized persons are using the system, or whether any violations of City policy have occurred. rRECEIVED JUN _ 7 2005 CITY OF MERIDIAN City of Meridian STANDARD OPERATING POLICY AND PROCEDURE City Clerk Office NUMBER 6.2.6 SUBJECT: Cell Phones PURPOSE: The purpose of this policy is to provide a set of guidelines governing the alternative use of cellular telephones by City employees and to provide guidelines, criteria and conditions for reimbursement of business use of personal cellular telephones. POLICY: While at work, employees are to exercise the same discretion in using personal cellular phones as they do for City -owned phones. Excessive personal calls during the workday, regardless of the phone used, interfere with employee productivity and can be distracting to others. Therefore, excessive personal calls (regardless of the phone used) during an employee's workday are prohibited. This policy is an alternative to Policy 6.2.2. AUTHORITY & RESPONSIBILITY: Department Directors have the authority and responsibility to manage their employees and the need and use of cell phones for City business. Department Directors are responsible to ensure that employees that need to use cell phones to conduct City business are doing so and that the usage and need is appropriate. PROCEDURES AND RELATED INFORMATION Some employees may need to use cell phones to conduct legitimate City business and such use is regarded as a necessity. Such employees may already have a cell phone and. service for their personal use. It is cumbersome and generally undesirable to carry two cell phones; therefore, in these cases, the City will provide a cell phone allowance of up to $35 per month for employees who trust regularly use his/her personal cell phone for work purposes, subject to the following conditions: • The Department Director must first authorize the employee to use his/her personal cell phone for City business. An authorization form shall be signed by the Department Director stating the amount of allowance and the network carrier being used. Both the employee and the respective department shall retain a copy of this authorization form. The authorization form will identify the employee and the employee's personal cell phone number. • Employees utilizing this policy and receiving compensation for personal cell phone use for City business will be expected to maintain the cell phone in working order and available for City business calls as needed and as reasonably expected. • The employee is responsible for turning in the first page of his/her cell phone bill to document that the employee still has the cell phone to his/her supervisor and to request their reimbursement. • The City will pay the agreed stipend based upon the employees' monthly plan or $35 per month whichever is less. The Department is responsible for documenting of all stipend amounts and changes in allowance amounts or eligibility. • We realize that there are certain positions within the City that require a usage plan that would far exceed any low cost plan available. These special requests may be processed on a case -by -ease basis through the Department after receiving approval of the Mayor's Office. • The City will not be liable for the loss of personal cellular phones brought into or used in the workplace. • The employee is responsible for the administration and payment of all personal cellular phone bills and in no way will create financial liability for the City beyond the amount agreed to by the Department to be paid as the stipend. • The City reserves the right to modify or terminate any and all conditions of this policy depending upon changing needs as defined by the City. k -RECEIVED JUN - 7 2005 CITY OF MERIDIAN City of Meridian STANDARD OPERATING POLICY AND PROCEDURE City Clerk Office NUMBER 3.4 SUBJECT: COMPENSATION PROGRAM PURPOSE: To provide guidelines for consistent administration of the compensation program and movement of an employee from position to position (i.e., promotion, transfer, demotion, etc.). POLICY: The City has developed and supports a pay -for -performance compensation program for all non -represented employees VVuIVL I , f 14,;, n .,(�: stfneThe following procedure provides guidelines related to the administration of the compensation program for department heads and other managers. Represented employees should refer to the current labor agreement for information regarding their compensation structure and policies. AUTHORITY & RESPONSIBILITY: Human Resources shall oversee the administration of the compensation program and shall ensure that it is adjusted and up-to-date at all times. Department heads Directors are responsible for managing the implementation of the program according to performance and budgetary guidelines. The Mayor and City Council are responsible for detennining appropriate eest e f livi g adjustments and performance increases within budgetary constraints and guidelines. PROCEDURES AND RELATED INFORMATION I. The City has developed and continues to maintain a comprehensive pay -for - performance compensation program, which provides for the establishment of set ranges for all positions within the City's structure. Employees can reasonably expect to advance through his or her pay range that is assigned to his/her position by effectively meeting performance expectations of assigned duties. Il. The City shall comply with all State and Federal pay acts respecting the compensation of employees for work performed. III. The City is committed to the philosophy of rewarding employees for their performance, and has designed a compensation program to meet this objective. Employees may incrementally advance through their assigned salary ranges on an annual basis in accordance with their performance rating. IV. DEFINITIONS The following terminology may be used in describing actions or steps taken as a normal part of this program. ❑ "In -guideline": These include all approvals that are within the guidelines as set forth by the compensation program. In guideline adjustments require all levels of management signature in the chain of command (starting with the Supervisor) up to and including the department hea4.Director. ❑ "Out -of -guideline": Includes adjustment that do not fall within the normal guidelines of the compensation program. Typically includes pay increases beyond what is set forth in the annual program, or a pay decrease for some purpose. Such guidelines require approval by all levels of management up to and including the Mayor. ❑ A promotion is a reassignment of an employee to a position in a higher salary/wage range or grade than the employee's prior position. A promotion does not automatically justify or guarantee an increase to the individual's actual pay. ❑ A demotion is a reassignment to a position of lower salary/wage range than the employee's prior position. .This does not automatically impact the employee's actual wages paid. ❑ A transfer is a lateral move to a different job in the same grade. Such adjustments may or may not impact actual wages. ❑ A documented warning is an action taken when an employee's behavior is inconsistent with the City's statement of conduct and has received a written notice describing such conduct. ❑ A short-term reassignment (less than three (3) calendar months) is not considered as a promotion, transfer, or demotion. ❑ A pay review is conducted when a wage or salary adjustment is being considered due to internal or external comparison factors. ❑ A performance review considers various factors of the employee's fulfillment of his/her job duties. Moving to another shift is not considered a promotion/transfer unless meeting the above criteria. IV. PAY PROGRAM The following describes the pay program for all non -represented, non -Police positions. A. The City has developed a comprehensive classification and compensation program that aligns positions within the organization based on internal evaluation and external comparisons (e.g., market surveys). The City is committed to internal equity and external competitiveness in its pay program, and regularly updates and reviews its program accordingly to maintain these objectives. B. Positions are assigned a pay range according to job type and levels of responsibility and other factors as provided by the job evaluation process. Ranges are established for each position, which identify the range minimum and maximum. C. Movement within the ranges is dependent upon performance of job duties. To the extent possible acceptable performance will be rewarded by an upward movement within the range, while outstanding performance is rewarded by more generous upward movements. Unacceptable performance will not be rewarded. Because movement within the assigned range is dependent upon performance, employees should not presume there to be a guarantee of an increase, nor should they expect to reach the maximum point of the assigned range without acceptable performance. D. The Mayor and City Council will determine pay increases as budgets are set and tax levies are authorized. Pay given for any position within the City is subject to the annual budgetary process and as such may be subject to increase or decrease from fiscal budget year to year. The head the depaAmeat Department Director may make suggestions about salary compensation and other pay system concerns, but the final decision regarding compensation levels rest with the Mayor and City Council. The Mayor and City Council reserve the right to make budget adjustments, and consequently pay adjustments, during the course of the fiscal budget year to deal with other circumstances, which necessitate changes in entity expenditures. E. Wage ad'ustments for market pu1poses, re-classification of a position with a corresponding wage increase romotions or transfers may be considered in regards to an em to ee merit increase but do not prohibit the employee from receiving one. F. The performance increase amounts may be adjusted on an annual basis. Contact Human Resources for the most current schedule. N1. GOST OF LIVPiG ADJUSTMENT ear 9etaber-4 kr va LvftAAUllVV pay aiid step . All pay faffges ,N411 be adjiisted by the COLA per-eefi�age. 1fidividual pay will alse inefease by the eest of living adjustffiefit. VI. BARGAINING UNIT EMPLOYEES (FIRE) Provisions of the bargaining agreement shall govern the pay program for Fire employees who are represented by the bargaining unit. Refer to the union. contact for pay structure. VII. POLICE OFFICERS A. Sworn police officers, excluding the Chief of Police and Captain(s), are on a separate salary step program that is independent of the non -Police salary program. (Contact Human Resources for the most current schedule.) B. Movement on the Salary Schedule shall be determined by reference to the police officer's original date of employment. At the designated anniversary date of employment (e.g. I yr, 2 yrs, etc), if the police officer has received an evaluation rating of at least "ACCEPTABLE" for the current year, he/she is eligible for an upward movement in step within his/her assigned range. C. If an officer receives less than an "ACCEPTABLE" performance rating, he/she shall remain on the same compensation step regardless of continuous time in service, unless and until that officer receives an evaluation of "acceptable" or better. In addition, he/she shall also be placed on a performance improvement plan requiring immediate improvement in performance. VII. EMPLOYEES WHO EXCEED THE MAXIMUM OF THEIR ASSIGNED RANGE A. Employees who exceed the maximum of their assigned range shall continue to receive increases as if they were within the range for one (1) year. If after one (1) year the employee is above the range maximum, he/she will be fieFea only eligible for a merit amount that will not be added to the employee's base wage until recaptured in the range. Sworn officers above the maximum of the range will be fiezen PI eligible for a _merit amount that will not be added to the empIoyee's base wage until recaptured in the range. MERIDIAN CITY CO NCIL MEETING 7 2Qd APPLICANT ITEM NO. REQUEST�{ f jp Gv-n il> ce- AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. COMMENTS 7010 MI xl- n $y, r . P - � .- v NMI. tn'�g ll,=4 Y S .ewnmE goo •.. a INN Lza= son= Ma If .� a 1R'!i iii V tea`=.;on MOW �. .'✓ EO 3 Z 4 II 4 L F ° ❑ 4 F d h F J Id 2 Ct ¢ In <¢ U W W4 W L7 p p z F o ¢ n 4 3 ¢¢ Q Ir z [� F} ❑ W S v 71 u° a• F q°_� 4 w O< m p 6 U 4 4 x to U U W Q>> p y¢j ¢ J Z ff y Q m [3 a} n $Win u �- LO W W m Z U W< Z_ W q W Y}< F C¢ h< Q I" W 90 W W w Z h J m G¢ 2 01 PI 4 Z W Z Q W W CI Z I W IA J m 6 h 6¢¢ p 4 I O F tt¢ 7 4 W° L) W< ° p Z i W W U F a UI O L7 i 0 1 4 (n a M J J w< ILa `yyyyyy` : t f Alt /IJrP 74 '/r (fi.:'>rI €f � 04 C smms woo •,:'. 3 F ATRl s r e J u ne 3, 2005 MERIDIAN CITY COUNCIL MEETING June 7, 2005 APPLICANT ITEM NO. 8 REQUEST Presentation for Meridiani Gateway Signage of Findings, Solutions and Budget Information by Walter Lindgren AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. COMMENTS CONSTRUCTION DOCUMENT PACKAGE 07 JUNE 2005 P# table of contents P-1 vicinity map (proposed locations) p.2 construction cost estimate P-3 overall plan / elevation (for reference) P-4 light post @ pedestal detail p.5 light post @ sign support detail P-6 'Meridian' sign detail p.7 light post cut sheet P-8 'gooseneck' light fixture cut sheet MERIDIANI GATEWAY SIGNAL OLD TOWN SIGNAGE CITY OF IDAHO r yF A A5URE P W Q r- F-• N W H 0 Z 0 V U) z Q p2 z CL ,MMMM a Cr ;H 20 Rw 2 a K T'8 a z 0 F— uj —i LU opollb% F— U) 0 CL F— �r 0 W 0 z 0 Cl) z 0 0— 11 A F— co C) �- .j 0 Cf) p3 C. LIGHT POST: Ht;_-PHANE CENTRAL PARK SERIES; CP42 STEEL TUBE SUPPORT FURNISHED AND INSTALLED BY SIGN VENDOR (TYP.) RE: SIGN VENDOR'S DESIGN Si GOOSENECK SIGN LIGHTING: B -K LIGHTING "SIGN STAR -STI SUPPORTED ® STEEL TUBE RE: CUT SHEET P7 (TYP. OF PLAN @ SIGN SUPPORT LIGHT POST: HOLOPHANE CENTRAL PARK SERIES: CP42 RE: SECTION i CONCRETE PEDESTAL I PLAN @ BASE RE: PLAN LIGHT POST: HOLOPHANE CENTRAL STAINLESS STEEL PARK SERIES: CP42 LOCKNUTS AND LOCKWASHERS (TYP.) BASE COVER (WHERE REQUIRED) BASE PLATE 1" NONSHRINK GROUT w/ 1" CHAMFER VERIFY OL FINISH GRADE • CONDUIT •r r PROVIDE r- BOLTS TO MATCH PATTERN AS r r r & lmm� lm (4) #5 VERT. BAR 04 HORIZ. BAR f 6" O.C. (TYP,) 1.v 2 gyp,. SECTION LIGHT POST / PEDESTAL DETAIL p4 SCALE: 1/2" = 1'-0" FRAMEWORK I � 6'-0" CABINET 1 GOOSENECK LIGHTING 4,-0„ BRACKETS BY OTHER BY OTHER WELCOME CABINET c BRACKETS BY OT! ER �a Nferldlav LL y i n3 � N �T ENDVIEW ol BACK SIDE FRONT SIDE DOUBLE -E FLAG MOUNTED SIGNS EXlE-R LLY ILLUMINATED BY OTHER_ SCALE 3 s'=1' -n° NOTES: SUEPORT- FABRICATED FROM 4" SQUARE TUBE AS PER CUSTOMER ALL FRAME WORK IS PAINTED BLACK. MOUNTING BRACKETS BY OTHER. (SUPPORT FOST1NIF0 SHOWN WITH ,MOUNTING BRACKETS. V0 -;EY) SGUI..PTI))2E..D CABINET- FABRICATED FROM SHEET METAL WITH SHEET METAL FACES. ALL PRIMED AND PAINTED WHITE. VERIFY DEPTH REQUIRED FOR SUPPORTS. DECORATION - FPO T: "MERIDIAN" FIAT CUT OUT LETTERS ROUTED FROM ALUMINUM PAINTED DURANODIC BRONZE. PEG MOUNTED FROM SHEET METAL FACE. ALL OTHER IS BLACK PREMIUM VINYL APPLIED TO SHEET METAL FACE. BACK: "MERIDIAN" (220-69) DURANODIC PREMIUM VINYL. WELCOME CABINET- (DECORATED ON BOill SIDES) FABRICATED FROM SHEET METAL. ALL PRIMED AND PAINTED DURANODIC BRONZE, DEC 12! - WHITE PREMIUM VINYL, I�QUNTINIG-- CABINETS ARE MOUNTED TO 4" FRAMEWORK WITH STEEL TUBE AS NEEDED. VERIFY. 111=5 15 AN Ut•.PI7;Lai�[ED ORt\Vt hG,�i ELG d SL-c'.S��ED FOR V= SyETCH 178bb 4.i 6 aar, P-fifi:, NALUSENC6 «S?CT"�Yi'ITFJ.4 P2C.7'CT?z�r` .. �T Cl & 't T _3 - [; �, RLblN'sD FG'? vAU BY ID?�EIO ELEC1i'.^ ', I� 3.,,. Wo. € NOT I ,F' R CIf / W.ERfDIAiV pCV `T T'' ° ' A 6E REPRAOL. D COMM OR EA0 TFD N Ar4YFASIiQN / ONE. 6119105 BY MSii�ds9 vitt€3 e': P RY7': torFPP Dnht3El-C'R.CS�C^JS INC, .... �+Q �,-,! CUSTt]titER- MERIDIAN DEYELOf'NENS CORP �"-'€r!t_R - - - a..^" J3$_IQC�cTIQhi', ME MAN TI{E COLORS DEPtTED IN TF G.Att'JG ARE'70 A551 YOii L"3 1l/ SALES; 1 ��y� VSUAUZT- =PIOOW AtJi]lY'tY?iOTA^�1TC}€AC'{Unt. ...... G' 5 ; T _ COLMS USED Od THE 7INZI iM DISPLAY 1 p 5 -,�AL PARK SeC,,s .,oadivay-& Traffic Sio-nal Posts A (Clamshell S:tyle Bases) Sdection Guide %,'' --7-Y I R1 Poll P N A—L, IN w FRF,"TD 41 I A,3 papr —rz —L FF A 'BAD 36b4 BOA A I � —7,v ZP26 r, L-73 CRA27 W ZP26 M Features • Tamper proof design, • 1" diameter machined aluminum stem with stainless steel hardware. • Aluminum canopy. (Bax gasket by others.) • Utilizes machined aluminum Nite Star". • 0 & SAS Usted with MR16 lamps to 50 watts. • For remote transformer, see page 97. Sign Star uesl n uume, see pa es !cam ait� 1�. 413-N-11— - SPOdy lrc�"S] 3Ie° 23/4' .0 we" REMOTE TRANSFORMER STYLE 5" Dia. 7t Ln 3 112" (2) #10-24 x 518" Black Oxide ° Hex Socket Head Stainless Steel Mounting Screws CANOPY DETAIL 38'hiaximum (Speaty Inches) PC75-120 Power Canopy INTEGRAL TRANSFORMER STYLE 6 ➢ia. A B C 0 PC75-120 POWER CANOPY CAP STYLES DETAIL (Option See page 96 for additional Power Canopy- eetails. 34 1'1 Sign Star T" Style 'A' mounts unobtrusively to a building fascia. Use of our rectilinear lens produces a rectangular pattern of light which is ideal for the lighting of building mounted signs. Because it is so small in scale, the Sign Star almost disappears during daylight hours leaving the architec- tural design of the building unblemished. The Sign Star may also be used as a wall - washing element giving definitive relief to textured building materials. The Sign Star can be mounted in an up or downlight position. It is available in three cutoff styles to meet various lighting requirements. CATALOG NUMBER LOGIC Example.. SN S WHW 9 -11 - B - 311 A PC75.120 Series_ ' 1 1 r` (Lamp Type 0 - By others 16 - EYS(42W), 01 Flood N. Flood 1 ESX(2UW), 12° Spot 17 - EYP(42W), 40° 2 - BAB(20W), 40° Flood. 6 - EXT(50W), 13° spot 3'- FRB(35W), 12° Spot 7 - EXZ(50), 26' N. Flood 4 - FRA(35W), 23° N. Flood 8 - EXN(50W), 40° Flood 5 - FMW(35W), 40° Flood 9 - FNV(50W) 60° W. Flood 15 - EYR(42W), 12° Spot Finish . Powder Coat Color H-V .Bronze Black White Gloss Aluminum Verde Lens Type 9 -Clear (Standard), 10 -Spread, 12 - Soft Focus, 13 - Rectilinear Shielding 11 - Honeycomb Baffle Cap Style A - 45°, B 90°, C - Flush Projection From Wall (Specify Inches) 18", 24", 30", 36" or 413" -{Nat available with PC75-12D option). Style A - 901 Radius Options PC75-120 -Power Canopy7m with 75VATransformer (For use wilh maximum av length.) p l - B -K LIGHTING ;Y fi t CONSTRUCTION DOCUMENT" PACKAGE 07 JUNE 2005 p# table of contents P-1 vicinity map (proposed location) p.2 construction cost estimate P-3 overall plan (for reference) PA elevations (for reference) p.5 planter wall detail p.6 architectural stone (style/color) P-7 'Meridian' sign detail P-8 'Meridian' sign elevation P-9 'Welcome' sign elevation p.10 accent light fixture cut sheet (1) p.11 accent light fixture cut sheet (2) p.12 scope of work narrative (steel sculpture) MERIDIAN GATEWAY SIGNAGE REGIONAL SICNACE TAY CITY OF IDAHO He, A,Mt' Aj v i c i n i t y m a p regional 'a' MERIDIAN GATEWAY SIGNAGE CITY OF IDAHO F E AS ' p US T I CK RD. (r OC ¢ Uj z J D 2 c] ¢ Lu LL] > O i— m c� O J FAIRVIEW ❑ w ¢ LU AVE. PINE AVE. (future) r sn FRANKLIN R D. Z ¢ � MAGIC vlEw DR. INTERSTATE -8A St. Luke's F1 v i c i n i t y m a p regional 'a' MERIDIAN GATEWAY SIGNAGE CITY OF IDAHO F E AS ' p w U� W w U Z Z O �v wz V mom mem MBNIE m©em lu U CO C C7 D 'g L CY E M N : Oi CO - ` 01 w � � CD � V 'C O '� _ 'C O O C O Im . o y 0 °� d o !!1 C o CL :a LL 1t.. O O +O+ CL -O U .O D (6 I.L CL n o N it C w fi E v (] mU�J�-jU olds C'rl Cl) d' Cn Iti co (0 p2 o al � ty C O O' . n (6 o a O U v U) - O 0 it O 0 LL �} N QN v� N fi5 U n❑wwm�=: X lUC (C6 C ti as 'C N U C: ZQI �� �c���c) O C z U Y to N N N N N N N f+7 CrJ MBNIE m©em lu U CO C C7 D 'g L CY E M N : Oi CO - ` 01 w � � CD � V 'C O '� _ 'C O O C O Im . o y 0 °� d o !!1 C o CL :a LL 1t.. O O +O+ CL -O U .O D (6 I.L CL n o N it C w fi E v (] mU�J�-jU olds C'rl Cl) d' Cn Iti co (0 p2 M IPCO TRANSFORMER (TYP.) LIGHT:ABOVE—GRADE EXTERIOR OR EQUAL (TYK OF 3) BARBED-WIRE / STEEL SCULPTURE FURNISHED AND INST&LED By ARTIST RE: POOTING/WAL4 DETAIL 1'c-3#io, i#iaG,— IRRIGATION SM. GO " OLIEIU.I., I SELF -SUPPORTED I AMP METERM PEDEStAl. (LOCATION Q TO BE DETERMINED) Lmmmm—qwz-uw OWENS CORNING: LEDGESTONE 'CARAMEL' (OR EQUAL) L-ulo, 'Sc TN(MIN) . 11.0 "Pl, (28 DAY STRENGTH) ,mmolm, Sim nw) ALUMINUM PLATE LEMRS w/ LX.D. LIGHTING RE: SIGN VENDOR'S DESIG SHEET, P7 AND .U.LN..XPLATE �w/ OAST METAL LETTERS AND LEM, UcHTING RE.' SIGN VENDOR'S DESIGN SHEET, Pq wKy. mwdms-t� 1. TAP INTO (E) WATER LINE OF ADJ. PRO ERTY OWNER AND PROVIDE SEPARATE METER AND IRRIWON CONTROLLER. AS REQUIRED. — VERIFY (E) WATER SUPPLY (Typ.) 2. FURNISH AND INSTALL DRIP UNE TO PLqMR AREA (IYP.) OUP= OUTLET II PLAN REGIONAL 'A'(@ MAIN/MERIDIAN) p3 SCALE: 1/4" = 1-0" A loq %k ft FRONT ELEVATION REAR ELEVATION REGIONAL 'A' (@ MAIN/MERIDIAN) p4 SCALE: 1/4" = 1'-0" CULTURED STONE VENEER ITYP 6" ALUM. PLATE (TYP,) / +1'-6" A.F.F. a IL #5 VERT. BAR w/ ALT. HOOKS O.C. (TYP, - #4 CONTINUOUS HORIZ. BAR •'`�-I II I- I .1I- ® 12" O.C. (TYP.) #4 BAR 0 16" O.C. I VERIFY( FINISH GRADE - --I..4.�I-11I_ o I NI I 11=1 I I Ml I 1 A e J_ - II- aCL VERIFY 1- 6,0. FOOTING I J. ---I 1I— jLR' C. (TYP.) 2.-0" 4 CONTINUOUS HORIZ. BAR TYP. OF 2) #4 HORIZ. BAR ® 16" O.C. (TYP,) PLANTER WALL DETAIL SCALE. 1 " = 1'-0" p 5 SINGLE FAC 10'-0" O.A. L. 7'-6" WHEAT PAN. x d Q NT a M REVERSE PAN -CHANNEL .125 ALUMINUM BACKGROUND LETTERS - - --I IA' SQUARE TUBE SUPPORT PAN -CHANNEL PAN -CHANNEL WHEAT GRAPHIC FLAT BAR MOUNTING BRACKET. (VERIFY) FLAT BAR MOUNTING--- BRACKET. (V RIFY) — - DETAIL SHOWJNG_5ffQRi la REVERSE PANS SCALE %" =1'-0" 1 `!�„ PEG I 125 1'A" SQ.TUBE NOTES: ALUMINUM H BACK BACKGROUND SUPPORT- (OUTLINE) 125 1'/2" SQUARE TUBE PAINTED WHITE. SANDWICH BETWEEN LETTER BACK (OUTLINE) ALUMINUM AND SIGN BACK, BACK LETTER M_CKG QUL+i D- (OUTLINE) ROUTED FROM ,125 ALUMINUM PAINTED WHITE. MOUNTED TO TUBE FRAME. [�EVEFSE PAN CHANNEL LE,Ej25_& GRAPHIC 1" DEEP FABRICATED FROM ALUMINUM WITH 1 " DEEP RETURNS. LETTERS ARE PAINTED ALUMINUM DURANODIC BRONZE. WHEAT GRAPHIC IS PAINTED WHITE AND OVERLAID WITH REVERSE PAN DURANODIC (220-69) PREMIUM VINYL. LETTERS AND GRAPHIC ARE PEGGED LETTERS AND 1'&; FROM LETTER BACKGROUND (OUTLINE), GRAPHIC HALO 1LLUMINATIONw LETTERS AND GRAPHIC WHITE LEDS. WIRES RUN THRU SQUARE TUBE SUPPORT, SIGN BACK - ROUTED FROM .125 ALUMINUM PAINTED WHITE, MOUNTED TO BACKSIDE OF SQUARE TUBE SUPPORT. MOUNTING - MOUNTED TO WIRE STRUCTURE. (WIRE STRUCTURE IS BY OTHER) MOUNTING FLAT BAR BRACKETS ARE WELDED TO SQUARE TUBE STRUCTURE AT BOTTOM OF SIGN. MOUNTING VERIFY BRACKETS REQUIRED. BRACKET SIDE VIEW SCALEN.2 ifflloRrlll_l PAGE 1 OF 3 NT; ?75 THIS €5 M4LNPUR riOTj€LiFAY�fJESC-NSMMiTTEDF6RYou c -_ KRSa4 LtIC' 5EWC.NECrm_,W'MiA MoJECT M vG ....... SKE1GFi R l7.3Cv5 #i 513tr)5 - Ptf`;'-4mr i'iYouoyQlrliIQi=TMr.Sz l% INC, AND C.NOT. wI ; tilt J P!?E€iiCNNV DEV CI1CaEL1 bES�N REAIGVED CA131kJCi.- . iOEEfrEPROD4i^E�.CCr1EDCtt EMIL87€Di AflYFASHd?d QiL 5118105 HALO ILLUKNATED GRAbf AIC. ADDED VMPEN PEMASSICA OF iMiD ELSCMIC &GM, LNC .. !"slfiri i£[i arEa€til uv o€vELOP rErlr SUPPORTAND F.C.Q. ELEMENTS; , J.4.i4C1iILQi`t;MEiiIDU1N _ 7Hi COiOF�IDE?:..TnINiHZDRAMNGhi�ETOAS5ia7YDl7lti... snE5;MA LSInTw�ctrzPRcaOsx noI�s,Y:rnTMircrc� T�x� c,� �5.,.�., - - `•.- - - . - COMS UAD ON TH FhNSI EO USP = �, Q _ p . . ..... ... . ..... SEE PAGE I FOR DIMENSIONS AND NOTES SCALE VT= 1'-0" E6RU,Q WRF.MMRT AND ROCK PLANTER ARE BY OTHER, SEE PAQ g C0110 GHP 2ij 0 On vm� 7111SISMUTPUBLZHEDDR, PF QR 7 ff31175 p[pSONALZE COV �rCjj,,Pql%THA PMECTOMG FJLE� RICK / MEWDWI DEV CRkNGED DESGN: PEMOCABINE-T� VED PLMN- YOV O ELECTRr,.�S .. V�- C NlD€ S�tIQT FOq VOM P, D CA 10DEREPIZO=ED, CC IE lkl'27D N WHUN HALO UUMANLATED GfWHIC; ADDED QU-a=l!L WW RVM DEIrELOpVtNt SUFFMT AND F.C.O. ELEMENTS, mWNGKL;T0A5S'57 YOU IN c SATES. XM V&!AlMN--=, PRGPDS�LMD M.WT T.IXCH ACTUAL. COLCIS USED ON TitE I-W,�SkED DISPLAY. p8 BARBED WIRE SUPPORT BY OTHER. WELCOME SIGN BY J7I.E.S, SEE PAGE 3 . . ..... ... . ..... SEE PAGE I FOR DIMENSIONS AND NOTES SCALE VT= 1'-0" E6RU,Q WRF.MMRT AND ROCK PLANTER ARE BY OTHER, SEE PAQ g C0110 GHP 2ij 0 On vm� 7111SISMUTPUBLZHEDDR, PF QR 7 ff31175 p[pSONALZE COV �rCjj,,Pql%THA PMECTOMG FJLE� RICK / MEWDWI DEV CRkNGED DESGN: PEMOCABINE-T� VED PLMN- YOV O ELECTRr,.�S .. V�- C NlD€ S�tIQT FOq VOM P, D CA 10DEREPIZO=ED, CC IE lkl'27D N WHUN HALO UUMANLATED GfWHIC; ADDED QU-a=l!L WW RVM DEIrELOpVtNt SUFFMT AND F.C.O. ELEMENTS, mWNGKL;T0A5S'57 YOU IN c SATES. XM V&!AlMN--=, PRGPDS�LMD M.WT T.IXCH ACTUAL. COLCIS USED ON TitE I-W,�SkED DISPLAY. p8 .J01, TOP SIGN BY I.E.S. SEE PAGE 1 — I —BARBED WIRE SUPPORT .:BY OTHER. SCALE '/2" SHEET METAL CABINET /7'-O�'RADIUS VERIFY TOP- ViEW I!a°~ 1'-0" �1'CAST METAL LETTERS PEG MOUNTED SING E,FAGE HALO u miNATED SIGN SEE PAGE A & 2 FOR tviE t�ID1AN STAN NOTES: RADLU5 CA_jN—E FABRICATED FROM ALUMINUM AND PAINTED DURANODIC BRONZE. MOUNTED TO RADIUS ROCK PLANTER. CAST MEQ I ELTQRS"WELCOPJtE„ GEMINI CAST METAL LETTERS. 10" TALL BY 1 ` DEEP. TYPE STYLE IS COPPERPLATE, COLOR IS OPAQUE WHITE #5687. STUD MOUNTED FROM ALUMINUM FACE. HALOI L I ON - WHITE LEDS. ROCK PLANTER 15 Y H R.RIFY RAN € Emom PA EI& 2 FOR INFO T V RIDA PAGE`S' ✓4 -�` COP'rTsCi.^Et 2005 AIS 15 ANi3hri69l k"cDQiL�Yki1G.�FS;GtJSU�alt7MNGRYCi;Fz -rCYdRLTISEiNCU�Ed'eCili,`-ykYlTfiA-F32CS�eCf�li.a '........... s = SKEJCzl...0 173E5 --- ... . .. PlA,'�`TusDcQsE YQG.6y fP1+k14 ElECT?°Q.S.Gt S, IFiC�A;�dD-�ANC7i-- ELE1MCK/MERV4NDEV Tp EEirEPRO€iUCED..CCPIiGCH1 FJGi 3iEU,`PJANYFA?F€fid € ATE; 5f IS105 4vm-XXli-vR MEN FERP6asoi OF VAkp ELECTRIC VON - 1 CUSiOVEII_ VEERIt>M DEVELOPMENT f86EaN0 JQ3_.{)CAIDN. MERIDIAN THE COLpttS oEY- 7E� I$ THS CziRV E*iGANS TO ASSISI YOU iN 5.'L,UhLta4G CR�2 P'iG�f-'.�'.E NES R.IY PKiT ,Tcli AC Wp COLO IisED C:d 1h iIf:5F3 DDI"sr'U?.Y An �lll y&an ds Carryaany 4519 ACCENT LIGHT UP LIGHTS DESCRIPTION: The 4519 knuckle mount accent light is rugged, economical, and adjustable.This all-purpose unitspotlights architectural orlandscape features fromthe ground orf ram simple mountings on walls arintrees, The 4519 operates the popular PAR -38 lamp. SPECIFICATIONS: MATERIAL: Cast Aluminum with cast bronze knuckle. LAMP: Incandescent: PAR -38, 25D Watt Max. HID: PAA -38,175 Watt Max. VOLTAGE: See ordering guide, SOCKET: Medium base. LENS: Incandescent No Lens. Lamp face forms lens on incandescent. Amber, blue, green or red lenses available. HID: Convex, clear tempered glass. MOUNTING: 112" NPT adjustable knuckle. FINISH: See ordering guide. FASTENERS: Stainless steel LISTING: U.L. 1P68 4M j TYPE JOB NAME PART NUMBER Model tamp TypeVoltage Lens MoundMounti~ng Options Accas .wn Onfinnc i;Z c ,. %� 6 318- 6 3J8„ 9 1���,/ (166) g 114„/ {166} (235) > f235} 2 9116., �� (76) —F 5” Incandescent (127) 12 ! (3051 HID NOTE: HYOREL RESERVES THE RIGHT TO MODIFY SPECIFICATION WITHOUT NOTICE. Any dimension on this sheet is to be assumed as a reference dimension: "Used for information purposes only. It does nat govern manufacturing or inspection requirements" (ANSI Y14.5-1973) APPROVA S 0 Hydrel is an ISO 9001 Certified M1an11far ..- www.hydrP1 O Notes: Separate ballast enclosure required for HID models. 2 ` For multiple TRAS boxes the number of fixture heads and Only available with HID lamps. = Only valid if LPI is chosen, otherwise use h1R, not all distributions An wxC.a p.ni, are valid with all lamp types, consult lamp manufacture's IP68 4M 1 l 4519 ORDERING INFORMATION STB available with PS318, PSS24, PSS36, BPCA and BPCB only. 60 Hz Application Choose the boldface catalog nomenclature that best EPARTNO, suits your needs. EXAMPLE: 4519 P3870M Model 220 WFL —_—CALLA— TRA STB 'lens SF LPI SL � - Voltage Accessories pptions Finish ❑ 4519 ❑ 120 ❑ 2082 ❑ CLC' Convex Lens Clear ❑ Mounting Fusing © BZ Bronze ❑ 220 CLA Convex Lens Amber ❑ CLO Convex Lens Blue ❑ EA_' Extended Arm Mount, ❑ SF° Singly ❑ B! Black ❑ 240 1:12772 ❑ CLG Convex Lens Green 12", 24", or 36" 11EA95-1 451 Extended Fusing ❑OF70 Double ❑ DDB Dark Bronze 11DNA Natural Alum. ❑ 347' ❑ CLR Convex lens Red Arm Mount, Fusing ❑ GN Green ❑ 413132 12-, 24" or 36" ❑ GH Gray ❑ 120/2771-1 11EA90_' 90' Extended ❑ SND Sand ❑ TO' 1)istribu#ions Arm Mount, ❑ STG Steel Gray ❑ NO No Reflector 12", 24" or36" ❑ STB' Stabilizer Bar ❑ TVG Terra Verde Green ❑ SP Spot External ❑ L] WH White ❑ ❑ FL Flood WFL Wide Flood GS Glare Shield ❑ CF Custom Finish Lamp Lamp Type Mounting Options LnLaRjAsceni ❑ JBA Alum. J -Sax ❑LPI Lamp ❑ P3B1001 Par -313, med. base ❑ P381501 Par -38, med, base ❑ JBB Bronze J -Box ❑ SMSA_ IT'- 48" Stanchion Mount, available in G" increments included ❑ P382501 Par -38, med. base ❑ PSSA Pedestal Stanchion Mount MH` ❑ WMC Wall Mount Cover ❑ P3035CM Par -30, med. base ❑ WMSA Wall Mount with Splice Access ❑ P3070CM Par -30, med, base ❑ SBA_ 12" or 18" Stake Mounted J -Box, Alum. ❑ P3070M Par -30, med. base ❑ SBB_ 12" or 18" Stake Mounted J -Box, Bronze ❑ P38100M Par -38, med. base ❑ PSS_ 18", 24- or 36" Polymer Sealed Ground Spike ❑P381ODCM Par -313 CDM, mod. base ❑ TBA Tree Mounted J -Box, Alum. ❑ P30150M Par -38, mod. base ❑ TOO Tree Mounted J -Box, Bronze ❑ P3B175M Par -38, mad. base ❑ _TRAS' Tree Mounted J -Box w/mounting strap, ❑ P38100H Par -3B, med. base Alum. available with 1 - 4 J -Boxes per strap ❑ _YOBS' Tree Mounted J -Box, w/mounting strap, Bronze available with 1 - 4 J-Boxas per strap HID Ballastclosures' ❑ SPCA Small polymeric combo box, Alum. Cover ❑ BPCA Big polymeric combo box, Alum. cover, 175w Max ❑ BPCB Big polymeric combo box, Bronze cover, 175W Max. ❑ CBA Large Alum. combo box, 175W Max. ❑ CBB Large bronze combo box, 175W Max, ❑ SSB Small Alum. surface box, 70VV Max. ❑ BSB Large Alum. surface box, 175W Max. Notes: Separate ballast enclosure required for HID models. 2 ` For multiple TRAS boxes the number of fixture heads and Only available with HID lamps. = Only valid if LPI is chosen, otherwise use h1R, not all distributions accessories will be equal to the number of boxes ordered. ' Double EAD arms also available - consult factory. For IEC fixtures are valid with all lamp types, consult lamp manufacture's mounted on EA arms consult factory. specifications.' ° CLC will be used if no lens is chosen. STB available with PS318, PSS24, PSS36, BPCA and BPCB only. ' See individual mounting specification sheets for conduft/drilling options. '2003 Hydrel Rev. 12/15104 4519 s SF is only available with 120, 277 or 347 volts on HID only. " OF is only available with 20B, 220 or 240 volts on HID only. Hydra[ is an 150 9001 'j Certified Manufacturer 128Bi Bradlsyka. Sylmar, CA 91342 Phone: 818-362.9455 Fax: 216-362-8548 www.hydral.com P11 SCOPE 4F WORK NARRATIVE Barbed Wire Sculpture We are looking for an artisan to fabricate a sign to be installed at the corner of Meridian Rd, and Main Street, on an area in front of the Kentucky Fried Chicken establishment. The Meridian city signage committee has come up with a design that illustrates the heritage while embracing the future of this community. >Frorn a stone base rises 2 barbed wire arches that fade into a solid form and supports a half circle that is open to the sky. Attached the top left side of the half circle is the name Meridian in the font used in the Meridian logo. The stone base and the barbed wire are representative of Meridian's dairy and farming heritage. The fade into a solid form, into and supporting the half circle represents the growth of the city, embracing of the future. It is suggested that the barbed wire be fabricated of at least 1/4th inch rod, or larger, rather than to use actual barbed wire as the larger size will be more impressive and be seen better by passing cars. p12 CONSTRUCTION DOCUMENT PACKAGE 07 JUNE 2005 p# table of contents p.1 vicinity map (proposed locations) p.2 construction cost estimate p.3 overall plan / elevations (for reference) p.4 planter wall detail P-5 architectural stone (style/color) P-6 'Meridian' sign detail P-7 'Meridian' sign elevation P-8 Welcome' sign elevation p.9 accent light fixture cut sheet (1) p.10 accent light fixture cut sheet (2) p.11 scope of work narrative (steel sculpture) MERIDIAN GATEWAY SIGNAGE REGIONAL SIGNAGE IBy CITY OF IDAHO F f EASURE VAS' v i c i n i t y m a p regional 'b' MERIDIAN GA`T`EWAY SIGNAGE CITY OF IDAHO y� e R ASI -r AL /� i [ 1_I n U STICK R D. a a w O Z - J n Z Q _ — w w > O �y � D U o -j FAIR VIEW D W J {} a w AV E. PINE AVE. (I u t u r e) N vi FRANKLIN RD. 2 - a VIEW DR. iNTERSTATE-84 St. Luke's ❑MAGIC v i c i n i t y m a p regional 'b' MERIDIAN GA`T`EWAY SIGNAGE CITY OF IDAHO y� e R ASI -r AL /� i [ 1_I V zo O �I wZ 12° M II im u� ion iii M 'MFWnlAMm qirwi t • I. V/ LE.D. UG G RE� SIGN VEND .5 BARBED-VARF SCULMRE FFURAIS INSTALUD BY By ABOVE -GRADE SPOT LIGHT: Lw. - OR EQUAL (TYP. If. RE., FOOTING :V. <IRRiGATION CONTROLLE., TO BE DETEgmit MINUN 11 ' AN UAL LETTERS ANO t -D-�IJcVHnNM VEND RE: SIGN VEND 'S DESIGN I SHEET, P8 PLAN AU M I N M P R S W/ LE.D. LIGHTING RE: SIGN VENDOR'S DES IG N SHEET, PS AND P7 BARSED-WIRE / STEEL SCULPTURE FURNISHED AND INSTALLED BY ARTIST ALUMINUM PLATE CAST KETAL LETTERS AND LE.D. LIGHTING RESIGN VENDOR'S DESIGN SHEET, PS OWENS CORNING: LEDGESTONE *CARAMEL' (OR EQUALAL ) ME FRONT ELEVATION ww / LL EE DD uU ( ; F f n NN G EALvMINUM PT S RE. SIGN VENDOR'S DESIGN SHEET. PS AND P7 BARBED-WIRE /STEEL SCULPTURE FURNISHED AND D INSTALLED BY ARTIST A-MINUM PLATE w/ CAST M E TA L LETTERS AND LE,D. UGHTNG RE: SIGN VENDOR'S DESIGN SHEET, Pa OWENS CORNINGLEDGESTONE -CM",L- (,R EQUAL) REAR ELEVATION REGIONAL 'B'(ac MEDIAN) p3 SCALE: 1/4" CU TUi RED SlQN L,VEN FR {TYP.1; ALUM. P T TYP.: +1'-6" A.F.F. / / 6" d T.O. CONC. WAIL CONCRETE STEM WALL i fkf #5 VERT. BAR 0 16" O.C. W/ ALT. HOOKS (TYP. _ #4 CONTINUOUS HORIZ. BAR ( I- .1 ® 12" O.C. (TYP.) #4 BAR 0 16" O.C. • I VERIFY FINISH GRADE i l ' 111--# E- -I i €- I III-� EI 1I— =lhll a :q-�f=ILII M _ a VERIFY �— B.O. FOOTING a' 3" CLR. (TYP.) I- OAMPPROOFING (MODIFIED BITUMEN) 4 CONTINUOUS HORIZ. BAR TYP, OF 2) #4 HORIZ. BAR ® 16" O.C. (TYP.) PLANTER WALL DETAIL p4 SCALE: 1 p5 0 0 SINGLE FAC 7'-5” WHEAT PAN REVERSE PAN -CHANNEL 125 ALUMINUM BACKGROUND LETTERS \\ r —114" SQUARE TUBE SUPPORT `%f ` jjj{f///y7 4/ REVERSE PAN -CHANNEL WHEAT GRAPHIC f— FLAT BAR MOULTING ` _ y BRACKET. KRIM FLAT BAR MOUNTING / BRACKET, (VERIFY} DETAIL SHOWING SUPPORT` REVERSE PANS SCALE 114" 1'4'3 1 /� PEG H .125 NOTES: ALUMBACKINUM Hix' SQ.TUBE B1ACKGROUND SUPPO� [OUTLINE) .125 1'/" SQUARE TUBE PAINTED WHITE. SANDWICH BETWEEN LETTER BACK (OUTLINE) ALUMINUM AND SIGN BACK. BACK L REQ B&C(C_G OR UND- (OUTLINE) ROUTED FROM .125 ALUMINUM PAINTED WHITE. MOUNTED TO TUBE FRAME. REEF 2�SE PAN -CHANNEL Ll j�E 1" DEEP FABRICATED FROM ALUMINUM WITH 1" DEEP RETURNS. LETTERS ARE PAINTED ALUMINUM DURANODIC BRONZE. WHEAT GRAPHIC 1S PAINTED WHITE AND OVERLAID WITH REVERSE PAN DURANODIC (22&69) PREMIUM VINYL. LETTERS AND GRAPHIC ARE PEGGED LETTERS AND 1'/)'FROM LETTER BACKGROUND (OUTLINE), GRAPHIC HALO ILLUMINATION- LETTERS AND GRAPHIC WHITE LEDS. WIRES RUN THRU SQUARE TUBE SUPPORT. SIGN BACK - ROUTED FROM .125 ALUMINUM PAINTED WHITE, MOUNTED TO BACKSIDE OF SQUARE TUBE SUPPORT, MQUN7JLIG..: MOUNTED TO WIRE STRUCTURE. (WIRE STRUCTURE 1S BY OTHER) MOUNTING FLAT BAR BRACKETS ARE WELDED TO SQUARE TUBE STRUCTURE AT BOTTOM OF SIGN. MOUNTING VERIFY BRACKETS REQUIRED. BRACKET SIDE V EW SCALE V=1'dl" PAGE 1 OF 3' CCF, T:: 2tlE?5 TH:oEDr0f3 Y'= w SWCHt 173&5 til (+.1.'!-?iFSOPIALi E1^iC6'7riCS;O�S �:7fFf R-F74:I"CT �Ih� _. IS RICK I W�ErD AN DEV CPMGED DES=GN. REMOVED CAMET - ` DFM noDUCLi BY IQA?E#3 E€EGTP Yu 5 i! ,-l'- D ah'oi E .. 061F_ 5118105 0BEREPf7QIXr'CBD �iED� Ektt?8[�'O PJAh1YTA5l � HALO ILLUMINATED GRAPHIC. ADDED ViR N PERM 510N OF UPSiO ELECTRIC SANS, Ire, CM5laVHL MErzlouw OFvztOPr EMI SUPPORT AND F.C.O. ELEMEKITS, iO3 LQC15iJQM MERIDIAN ... - H CO -Oil; M) J„1ED 1%T16 Get. W 9,f T0ASS5157YOU i:i... s„f61Ts. S• k, S� JI.Vi u V&5 Ll %G LX.�2 P'VCPOSAL Mia MAY, PZT M Ml ACTLM �E. ` COLGIS USED CN if_ FINZ DDISPLAY h �h� p6 F REVERSE PAN -CHANNEL: LETTERS.. BARBED VIRE SUPPORT BY OTHER:. ROCK PLANTER IS BY OTHER 'WELCOMER SIGN IS BY I.E.S. SEE PAGE 2 WELCOME SIGN BY LES. SEE PAGE ME= Mlffffi"OVERLA0-Ul SEE PAGE I FOR DIMENSIONS AND NOTES SCALE V-0' DARBED SEE PAGE,1EQ132MEMM �Gfrr%r a5 E mn SKETC.H., 17366 #1 6af05 PZRSOI4At USE L14 p7;OjECTUErG FJLE� RCK DEV CMNIGED Mr.N_ REMOVED CAINU, pwv;iEQ.rCqWU EIVIDNJO ELECT' C SG�4, INC: AND --- TO SE �FPftf70t ED COMMOn E)0r2TlD'NAt,[YFA5jCOjI HALO ILLUMNATED GRAPHIC PERMISSION OF iDMO Eac-mc ssms, M. SUPPORT AND FC C.O. ELEMENIS, cU5xwlM I�ou!,N DEva0pt"'ENT �MLCLCA%Qtt Y-ErZIDTANI 7 'AqE.T OASSIST YOU N DALES, XM DE"VaLnVG OUR MOPOSAL i6lV LvY ma Muci i A--TuAL p COLCIRS UKO ON IIHE FqaMZD WFLAV 7 i SCALE'/' =1'•0" SHEET METAL CABINET /7'-0" RADIUS VERIFY TOP -VIEW lh"=1`-0" L 1" DEEP CAST METAL LETTERS PEG MOUNTED ING E,FACE _IiALQ ILLUMINATED S CN SEE PAGE T & 2 FOR�v1ERIDIAN 51G� NOTES: RADIUS CABINE1 FABRICATED FROM ALUMINUM AND PAINTED DURANODIC BRONZE. MOUNTED TO RADIUS ROCK PLANTER. CAU METAL LETTERS "WELQOME - GEMINI CAST METAL LETTERS. 10" TALL BY 1' DEEP. TYPE STYLE IS COPPERPLATE, COLOR IS OPAQUE WHITE #5687. STUD MOUNTED FROM ALUMINUM FACE. HALO ILLUMINATiON WHITE LEDS, ROCK PLANTER I Y OTHER. YERIEY.5-lZE—CDJ—QR—AND-RAD-llL SEE PAGE I & 2 FOR INFO ON TOP "MERIDIAN' SIGN, PAGE 3 ©F.3'' - - �Ci"F'it ..,-�i -.00 T1?L 15 AN M U"e,L:SI(ED DRA ANGIDUS 14 $1.��';7lFD FDR YOi,F"t c ., ::.r ........ - ✓.�:.' PERSMALUSE NGC? -Ct�3'd%1=1A FRO:icCi ENG ut;= SXEI,C!i..i? 17365 .. PLANMI) FCgyoU0y RA1i0 RL CMZ&`GNSjrI r, FT:R.".-Tr", NOT... ELLE: ACK 1 EJEt7;DW7J DEV 1 10 BE REPROUr-110CO�gtb OR MEI=DN ANYFASFtM f T � SII8fD9-'NTWjuT VT?-'itf P ifTSiisSlCtd OF MAHO ELECFr¢1C �iiN4.IkG �R« R1,11MOM D€ ELONVENT - AM L((X—AllaN' MERIDI•SN ili CCtOfG DE�r 1CD lt� ti � �'7AV-;YGR'i=TO ASSOF Y011 LN �-. DESIGNER.~ COLQE U.iED O"1 ?F�. eli.5l .iD DISPLAY R M t An% uttyarandscerrymny 4519 ACCENT LIGHT UP LIGHTS DESCRIPTION: The 4519 knuckle mount accent fight is rugged, economical, and adjustabie.Thisall-purpose unitspotlights architectural orlandscape featuresfromthe ground orf rorn simple mountings on walls orintrees. The 4519 operates the popular PAR -38 lamp. SPECIFICATIONS: MATERIAL: Cast Aluminum with cast bronze knuckle. LAMP: Incandescent: PAR -38, 250 WattMax. HIM PAR -38,175 Watt Max. VOLTAGE: See ordering guide. SOCKET: Medium base. LENS: Incandescent: No Lens. Lamp face forms lens on incandescent. Amber, blue, green or red lenses available. FI1D: Convex, clear tempered glass. MOUNTING: 1/2" NPT adjustable knuckle. FINISH: See ordering guide. FASTENERS: Stainless steel LISTING: U.L. 1P68 4M j TYPE JOS NAME PART NUMBER Madel Lamp Type voltage Lens MotrnringOptiarls Accossaries options Lamp Finch A 6 3/8' 6 3/8,, 91/4" (166) 0l 1/¢„ / (166) 235} (235) f e 2 9/16” (76) 5 •• Incandescent (127) 12 (305 HID NOTE: HYOREL RESERVES THE RIGHT TO MODIFY SPECIFICATION WITHOUT NOTICE. Any dimension on this sheet is to he assumed as a reference dimension: 'Used for information purposes only. It does not govern manufacturing or inspection requirements:' (ANSI Y14.5-19731 gppROVALS QHydrel is an 1S0 9001 Certified Manufacturer °2003 Hydrel Rev. 12115104 4519 12881 afadley Ave Sylmar, CA 41342 Phone: 818-3629465 Fax: 618381.6548 www.hydretropy,r 9 NJUDKCi 4519 ORDERING INFORMATI 6D yzApplication Choose the boldface catalog nomenclature PART NO. shat hest suits your needs. EXAMPLE; 4519 P387DM 720 WFL CLA TRA STB SE LPI �_ 8L �;k Voltage Lens EAccessories 5 ❑ 4519 ❑ 120 ❑ 2082 ❑ CLC' Convex Lens Clear Opt€ons Mna-,_-ttnn Finish ❑ 220 p P77 ❑ CLA Convex Lens Amber © EA_' Extended Fu—s.lnn D CLB Convex Lens Blue Q SF' Single Arm Mount, C7 BT Bronze ❑ BL Black ❑ 2772 ❑ 3472 ❑ CLG Convex Lens Green 12; 24", or 36" Fusing ❑ CLO Convex Lens Red QEA45_7 45° Extanded ❑DF'" Double Q DD8 Dark Bronze ❑ DNR Natural Alum, ❑ 4811= ❑ Arm Mount, Fusing 12', 24" or 36" Q GN Green ❑ GR Gray 120/27712 El TB2 ❑EA90_1 90' Extended Distrihutinn' Arm Mount, ❑ 5ND Sand 12', 24" or 36" ❑ NR No Reflector C7 STB' Stabilizer Bar ❑ 0 STG Steel Gray ❑ TVG Terra Verde SP Spot foe—rnbal ❑ FL Flood ❑ GS Glare Shield Green ❑ WH White © WFL Wide Flood ❑ CF Custom Finish Lamp Type Incandescent Mounting Qptionsu Lamp ❑ JBA 11P381001 Par -38, mad. bass ❑ P381501 Par -38, med. baseQ Alum. Q i -B JBB bronze J -box ❑LP1 Lamp included C3 P3825pi Par -3B, med, base SMSA_ 12' - 48• Stanchion Mount, available in G' increments 11PSSA Pedestal Stanchion MW ❑ P3035CM Par -30, med. base Mount ❑ WMC Walt Mount Cover ❑ WMSA ❑ P3070CM Par -30, med. base ❑ P3870M Wall Mount with Splice Access ❑ SBA_ 12" or 18" Stake Mounted Par -38, mad. base ❑ P38100M Par J -Box, Alum. ❑ SBO— 12' or 18" Stake Mounted J -Box, -38, med. base ❑P381ODCM Par -38 CDM, med. base Bronze !] PSS,_,_ 18', 24" or 36" Polymer Sealed Ground Spike ❑ ❑ P381SOM Par -38, mad. base ❑ P38175M TRA Tree Mounted J -Box, Alum. D THE Tree Mounted J -Box, Par -38, mad. base ❑ P3810011 Par -38, med, hale Bronze ❑ _THAs' Tree Mounted J -Box w/mounting strap, Alum, available with 1 - 4 J -Boxes per strap ❑ TRBS' Brae Mounted J -Box, w/mounting strap, Bronze available with 1 - 4 J -Boxes per strap I Ballast ngfoslrres, 13 SPCA Small polymeric combo box, Alum, cover 11 SPCA Big polymeric combo box, Alum. cover, 175W Max. Q BPCB Big polymeric combo box, Bronze cover, 175W Max. 4 CEA Large Alum, combo box, 175W Max. Q COB Large bronze combo box, 175W Max. ❑ SSB Small Alum, surface box, 70W Max. Q BSB Large Alum. surface box, 175W Max. Notes; Separate ballast enclosure required for HID models, x Only available with HID lamps. 6 For multiple TRAS boxes the number of fixture heads and accessories e equal to ' Only valid if LPI is chosen, otherwise use NR, not all distributions ' Double EAD arlrnt salso available - c nsult fa number of tory.' Are valid with ell lamp types, consult lamp specifications. For IEC fixtures manufacture's mounted on EA arms consult factory. ' CLC will be used if no lens is chosen. s See individual mounting specification ' STB available with PSS18, PSS24, PSS36, BPCA and BPCB only. 9" SF is only available with 120, 277 347 sheets conduit/drilling options. 2003 Hydrea for or volts on HID only. of is only available with 208, 220 or 240 volts on HID only. Hydrel is an ISD goo, #rCertified Rev. 12/15104 4519 M anufacturer 12881 Sradleygve. SVlrnar, CA 91342 Phone:818.362-9455 Fax:BIE-362.8548 www.hydrel.corn P10 SCOPE OF WORK NARRATIVE Barbed Wire Sculpture We are looking for an artisan to fabricate a sign to be installed at the corner of Meridian Rd. and Main Street, on an area in front of the Kentucky Fried Chicken establishment. The Meridian city signage committee has come up with a design that illustrates the heritage while embracing the future of this community. ,From a stone base rises 2 barbed wire arches that fade into a solid form and supports a half circle that is open to the sky. Attached the top left side of the half circle is the name Meridian in the font used in the Meridian logo. The stone base and the barbed wire are representative of Meridian's dairy and farming heritage. The fade into a solid form, into and supporting the half circle represents the growth of the city, embracing of the future. It is suggested that the barbed wire be fabricated of at least 1/4th inch rod, or larger, rather than to use actual barbed wire as the larger size will be more impressive and be seen better by passing cars. p�1 June 3, 2005 MERIDIAN CITY COUNCIL MEETING June 7, 2005 APPLICANT ITEM NO. 9 REQUEST Continued Discussion from May 17, 2005 — Discussion of Black Rock Subdivision by Brad Watson, Public Works Director AGENCY COMMENTS CITY CLERK: See attached Minutes CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. Meridian City Council May 17, 2005 Page 23 of 43 17th, 2005, water service for the attached turnoff list we will be terminated on May 18th 2005. The total amount of the turnoff list is $32,338.57. Rountree: Mr. President? Wardle: Mr. Rountree. Rountree: I move that we approve the delinquent turnoff list for May 18th in the amount of 32,338.57. Donnell: Second. Wardle: It's been moved and seconded to approve the turnoff list. All in favor? Any opposed? Motion passes. Thank you. MOTION CARRIED: ALL AYES. Item 18: Discussion of Black Rock Subdivision by Brad Watson, Public Works Director: Wardle: Item No. 18, a discussion of Black Rock Subdivision by Brad Watson. Watson: Thank you, Mr. President. If I may, I'd like to just pass out a hard copy of this. It didn't get into your packets last week, so if I can take a minute to do that. Mr. President, Council members, I think you know the background on this particular project. Mr. Wood has been before you two times over the last year. Last July -- Council Member Donnell was not here at that time, but he also on March 1st talked about this project. This proposed project has about 220 acres, 50 of which would -- is approved through Ada County for a non-farm on subdivision with 44 lots, build -able lots. United Water Idaho at the -- on Mr. Wood's behalf, petitioned the Public Utilities Commission this spring to extend service -- water service into this area. The subdivision is outside the area of impact, but within that thing called the referral area. I provided written comments to the PUC in April asking them to deny the entire request. I think I have -- may not previously given you those comments, but I will. United Water's attorney provided me five -- testimony on this application. I agree that the area that was within the City of Meridian area of impact is deleted from United Water's request to expand, as is indicated, the service area. The final order from the PUC came to me yesterday. That is included in the back of that packet that I gave you. They do grant the expanded certificated area to United Water, less the area that is within Meridian's area of impact. Anna Canning and 1 met with Mr. Wood earlier this month to discuss options on this property. The four that we came up with -- Mr. Wood thinks there is only three, but there are four. One is a city -operated community well. Somehow we would work with Mr. Wood to get a municipal type well constructed and we could operate a satellite system. The second option is to extend city water to serve this subdivision. According to Len Grady's modeling, it looks like we would need -- there would need to be about 8,400 feet of 12 -inch line just to get to the site. We didn't talk about who would build it Meridian City Council May 17, 2005 Page 24 of 43 and costs and all of that. The third option -- well, I will give you the fourth option first, because it's very short, and that's the do nothing option, where no development takes place until we do have services out there. That's the one that Mr. Wood is, obviously, not interest in. Number three is the one that probably would have the most discussion around it and that is releasing that area, in addition to this three square miles you see on the screen that are shaded in I think light blue from the referral area. The sewer has been master planned outside of the impact area to the south and does go through this three miles -- three square mile area in two different spots. The existing city limits are presently a half -mile north of Amity Road. There are several pending applications that would bring that to Amity Road, thereby making this application -- or this project a quarter mile away. Without going into too much detail, there are -- well, you haven't approved those pending applications, obviously, so we can't presume that those will be approved at this point in time. We did just a quick analysis on the implications of releasing that area back to Ada County. Or I guess it's not really ours to release, but no longer have any -- within our referral area or trying to extend area of impact to include those three square miles. Based on some information I got from our finance director and some assumptions on density and home value out in that area, it looked like the annual property tax revenue lost would be a minimum of about a million dollars a year, all the way up to three and a half million dollars a year, depending on, of course, density and home value. The one thing that I do need to point out and make everyone very aware of, not just for this particular issue, but for many issues that are going to be coming your way is, is that the sewer capacity in the south is -- is getting chewed up very very very quickly. With the preliminary plats that Council has approved, there are - - I have got my numbers backwards. With the pending applications and the ones that you have approved, there are only about 300 units -- equivalent residential units of capacity left in that area. The pending applicant, since they do not have an approved total -- about 870 lots, so what has been approved with -- only what's been approved by our -- about 1,100, maybe 1,200 units left out there. But, as you know, those are going pretty quickly in that area. I'm going to let the planning director offer a few comments at this point. Canning: President Wardle, Members of the Council, I'm sorry, it's just when we discussed this before, we've had a lot of discussions -- it seems like once a month they crop up about this whole area here and, in particular, in this area, the furthest extent of the sewer reach for this line and there seems to be some question as to whether we will ever get there -- that some of these properties would, really, seem to be able to develop easier in Boise city or Ada County, actually, than others. And, then, I did just want to point out some of the very odd parcelization that's gone on down here and we have seen in these kind of circumstances where it's very difficult to effectively develop and that's one of the reasons we felt that Council may want to consider whether they should be in the area of city impact or not. I mean if it was large 40 acre or 80 acre or 120 -acre properties, we probably wouldn't be having this discussion, but aside from the sewer constraints there, it's a parcelization pattern and that may not lend itself to real easy development of this area in the future. The fire district boundaries does go to Columbia, though, correct, Mr. Silva? It goes to Columbia? It goes to Lake Hazel. Which I was pointing at the right line, just called it the wrong thing. Sorry. So, the fire district Meridian City Council May 17, 2005 Page 25 of 43 boundary does come down to Lake Hazel. So, if those were incorporated in the city of Boise, there is some potential that the fire district could lose some of their area. Those were the only additional comments I wanted to make. Watson: Mr. President, I think I was done with my presentation, but certainly be glad to answer questions. Wardle: Okay. Council, questions for Brad? Bird: Mr. President? Wardle: Mr. Bird. Bird: Brad, I see United Water is willing to get a well out there. What's the county going to do as far as the sewer? Are they going to allow septic tanks or a community sewer like we have got at a couple locations here in the county or what? Watson: Mr. President, Councilman Bird, I believe -- my understanding is from the applicant that they will be doing a community wastewater system for the non-farm portion. I don't know what the ultimate proposal would be, other than Boise city bringing central services to it via a lift station. Bird: Thank you, Brad. Wardle: Brad, let me ask for a little clarification here. Are you asking the Council this evening to choose one of these four options? Is this for information? What would you like as an outcome? Watson: Mr. President, I think staff or Planning and Zoning and Public Works, we need some direction on what we are going to do out in this area. As Anna mentioned, we have had several discussions at your level and numerous ones at our level, on a property down here that is or was owned by Bradford and Camille Shaw. We have had this one here that is owned by the Calvary church. They have been in front of you and I have met with them numerous times. We have a golf course here that isn't going to redevelop in residential, so -- but we just -- we are getting these questions out here and we don't know what direction -- at least I don't know what direction to give them as far as temporary service, service some day, never -- I feel like we are at -- I hate to use that term, because it's getting over used these days, but the tipping point on this property out here. We either need to -- well, we can't serve it. We can't serve it with sewer. We just can't right now. I mean we probably could squeeze one -- well, another half mile into the capacity we have, but we can't until the Black Cat crosses the interstate. That gets back into that whole Ten Mile interchange transportation issue subject. So, yeah, I guess I would like some direction on one of these four options and, as I said, number four is probably not the one that really means anything. Bird: Mr. President? Meridian City Counci May 97, 2005 Page 26 of 43 Wardle: Mr. Bird. Bird: Brad, I want a recommendation -- I mean if we was to go ahead and get a well out there and let them put in some kind of a sewer system, do you want to inherit that sewer system, like you're going to on a couple others? Watson: Mr. President, Councilman Bird, as you recall, we went down this road with another project on Linder and Victory area and it turned into a long, long, long process of back and forth. I'm not saying we can't do it, we could -- we have a lot of skilled people that could run a system and if we were allowed to review plans, make sure it's built to our specifications, we can do that. But what that's doing is driving up the developer's cost to the point where I -- he's already got preliminary plat approval from Ada County and now he's got approval from United Water. The only thing that may be lacking -- and Mr. Wood is here if you'd like to question his approval on the community septic system -- or wastewater system. Bird: Does your -- what is your department's -- what's your feeling that your department would like to see happen here, given all the circumstances and the history? Watson: Councilmember Bird, issuing 300 building permits a month is probably not the best frame of mind for me to answer this in, but I'm not confident we can get sewer there anytime in the near future and operating a satellite system -- or we can do it, it's not another thing that we really want to be burdened with. We are busy enough. If you do one, I think there will be others that come in, follow right along. I don't want to do a subdivision where we provide the water and don't have the sewer necessarily. Bird: I agree with you a hundred percent and, on the same token, the developer isn't -- isn't going to go by your specifications on a sewer system if it's going to cost him -- if it's going to hurt his penciling out. You and I both know that. Wardle: Council, would you like to hear from Mr. Wood? Rountree: Sure. Bird: Sure. Wardle: Please. Wood: My name is Dan Wood. I live at 2025 East Chateau in Meridian here. Councilmember Bird, we do plan on interiorly, meaning the 44 lots, to develop that according to the City of Meridian's specifications. But the actual sewer system, the treatment capacity, we are doing a self-contained system, you know, that's -- that's been -- what, is under -- there is one being built out in Eagle right now. There is one out in Kuna right now. There are a number of other places. But, ultimately, it's treated right there on site and, ultimately, it's clean water and from there we are going to put it on the Meridian City Council May 17, 2005 Page 27 of 43 ground that we have, with the plans that when the city did come, that, ultimately, that would have to be abandoned and homes up -- you know, the 44 homes we have, we would attach, then, or it would be attached. Of course, it creates more problems, then, too, you know, because those homeowners are -- who knows, they are not going to be real excited about it, but we also realize that, you know, that's going to be in the CC&Rs and we are going to disclose all that, that some day the City of Meridian will own this, but for now that doesn't mean when the city might get there and from what the dates were thrown around the other day, it could be as far out as 2010. And so who knows what it might be then, so -- but I want you to know that our plans were to do it the way the city has it done. JUB submitted the plans to DEQ. Be more than happy to have Brad or whoever take a look at them. I mean that's -- just to see if that is the case. So, like was mentioned before, you know, even though politically the city wasn't ready to go out in this part of town, you can see there is an application that I got notice on that's going to take, if approve, would front on Amity, which potentially puts it only a quarter mile away from -- which is only one property owner, so that -- so, I hope that answered your question. Bird: Mr. President? Wardle: Mr. Bird. Bird: Yeah. Dan, it does. And I realize that, but the thing -- you know, the thing that I don't want to see the city have to get into -- we have been very fortunate by putting some service out to a couple of subdivisions and, then, when they got contiguous, we brought them in and we didn't have one complaint. We never had one complaint, thank God. I don't want to get to the point of Boise. Yeah, you can put it in your CC&Rs, you can do whatever. Are you going to be the only real estate agent there? Okay. 1 mean we can be like out here at Crossroads, you know, those people -- there was a big sign that said commercial coming, but their realtors told them they wasn't going to be there. We had -- we had resident after resident in here testifying to that. And that's what happens. And, then, the City of Meridian looks like they are taking ground, you know, and you think these people are going to put in a sewer system now and, then, be real happy to pay our 6,000 dollars hookup fee or something? Wood: I understand. Bird: And that's something I think as a Council we have got to decide if we want to put to future -- because this is going to be a future Council. Now, Shaun might be young enough to be still on it, but -- Donnell: Are you offended Councilman Rountree? Rountree: No. I'm proud of it. Bird: I just feel that -- I don't know how -- I'm not sure I want to put us in that kind of a deal. And I know, Dan, that you would -- you know, what you say we can go to the bank Meridian City Council May 17, 2005 Page 28 of 43 on, but you're not going to build every house and you're not going to sell every house out there. Wood: You can put it right in -- you know, the other subdivision that we did out -- that we got in the county, you know, we put it -- it's like the first item we put on your CC&Rs, but when the city of Boise annexes, there will be people that said we never knew, but, yet, it's right on the face of the plat and it's the first thing in our CC&Rs but -- and there will be confusion -- or there will be misstatements and to agents saying this or that, I won't disagree. I mean you just do the best you can and try and notice as much as you can, but, inevitably, you won't satisfy them and that's something that is -- you know, you keep trying to circle us to try and find a better way to do it, you know, so that we don't have that issue, and that's why I have been here a couple of times to say, hey, is there a way we can work it out and I have talked with staff a couple times, but the way the city's is I understand and so that's why have been going down that route and it just happens that this piece is so close to United Water and Boise that all of a sudden it's like, hey, if you're going to do a satellite well, maybe we ought to look at providing, you know, United Water right to them. Well, they are about just as far away as the City of Meridian is, so when, you know, United got the objection from the City of Meridian, it's like, okay, let's go talk to the City of Meridian. We always intended -- and it's not only me that's involved in this. There is partners involved and I just happen to be the only guinea pig that comes up here. But, you know, we have always intended it was going to be a Meridian subdivision. But, like you say, if it's -- you know, politically it sounds like it's going to be a ways out there with -- you know, and traffic's only getting worse in northwest Meridian and without that Ten Mile I can see it potentially being awhile, but sewer is going to be right to this ground here if capacity was there, so -- Bird: Okay. You answered my question. Wardle: Thank you. Watson: Mr. President? If 1 may, just to make one clarification to make sure we all understand. If you do consider this release from the referral area, what -- what I would take as direction is that be removed from our sewer master plan area and that we are not serving that ultimately with sewer. That means this will be generally to lower density Ada County stuff or the cluster stuff, because United Water, if they are going to come here, they come out just to do a little subdivision, they will take this whole three square mile area and, then, we get into the same situation that southwest Boise has and I don't look forward to that. Thank you. Wardle: Council, is the decision that you would like to discuss some more, make this evening, potentially bring back a recommendation? Rountree: Mr. President? Wardle: Mr. Rountree. Meridian City Council May 17, 2005 Page 29 of 43 Rountree: 1 guess 1'd like to share some guidance from Mr. Nary in terms of this is in a referral area, I don't know -- I don't see anything -- official request to extend this area, but that's something that's being talked about. Is that something that needs to be brought up in a Public Hearing or can it just be an action from the Council? If we don't exclude the area, it sounds to me like approval has already been granted to subdivide and provide water and it's got a package point for the sewer. So, what is our say in this situation? Refresh my memory. It's been awhile. Nary: Thank you, Council President, Members of the Council, Councilmember Rountree. I don't think -- and Brad and Anna can correct me if I'm wrong -- I don't think you have to do any of these actions tonight. I think you're right, I mean the project's been approved to this point by the county. The issue was is how is the water going to get there and right now there is an issue -- I think the portion -- if I understand this correctly, that portion that is -- we discussed in this Black Rock, the one that's outlined in red on that picture, is wholly outside of our area. The original request by United Water came, actually, across Amity Road and up to this property, as well as the part that's yellow and green. So, right now this property is already -- or this development has already been approved as it is, so Mr. Wood just has to figure out how to get water there, whether the city is going to provide it through some cost share or something else or he's going to have to do a well or something -- something different. I guess my belief is what the staff is asking is that this is not the only piece of property, this just happens to be a larger one of those and is seeking direction from the Council as to how do we do this, do we continue this master planning toward this area all the way down to the southern boundary there at Columbia or do we basically stop the planning area at Locust Grove, because I think -- Locust Grove all the way down to Columbia allows these properties, basically, to be out of the referral area and if that's the decision of this Council, then, you direct the staff simply to begin that process of whatever we need to do to notify Ada County that we no longer consider that to be part of a referral area or our future growth area and off the top of my head right now I couldn't tell you specifically beyond just the letter of notification of the county if we need to do more than that. But I think that's -- that's the reason we are having this discussion is this area is -- I think, as Brad said a number of times, it comes up often to the staff as to what to do and this just happens to be part of the discussion today is how does this water get to this particular property. Currently United Water is eligible to serve it. It's more of where the area of impact touches us that we are trying to deal with. Now, did I get it wrong? Am I off track? Okay. I thought that's what -- that was the reason we are -- if you chose to do nothing now and think about it, nothing bad is going to happen. You can say I think it's just that we need to have this discussion at some point and put on -- if you're not -- if you don't feel comfortable making a decision tonight, I would simply suggest that you put it back on your agenda within two weeks -- or I guess it would be three weeks if you're not having a meeting in two weeks. Rountree: So, the only -- the thing I'm hearing, then, is that at this point, other than this particular subdivision being in the referral area, it's not in our impact area, unless we choose to extend the sewer and/or water into the referral area, it's a moot point. Meridian City Council May 17, 2005 Page 30 of 43 Nary: Councilman Rountree, that's correct. And the referral area is simply that, because it is a future planning area as well, they provide us with that option for input, but that was the key reason in the order from the PUC that they opted not to grant our request to deny it, that the only issue becomes is if we are ever going to grow in that direction, then, we need to have some direction about that. If the Council's desire is not to go in that direction and simply stop at Locust Grove, that's fine as well. Donnell: Mr. President? Wardle: Mrs. Donnell. Donnell: Brad, help me understand the map that's included with this packet. Everything that's there is future on this map? Watson: Mr. President, Councilmember Donnell, the brown lines are future sewer trunks and are included in our sewer master plan. Donnell: Where is our current sewer? How far does it -- where is it? Off the map, obviously. Watson: No. It's -- if I can point at the screen. It exists to this point on the southern boundary of Tuscany Lakes Subdivision. Donnell: All right. On Locust Grove? Watson: Just off of Locust Grove. Donnell: Okay. Bird: And the other one isn't at all. Donnell: All right. And, Mr. President, follow up? Wardle: Mrs. Donnell. Donnell: I really would like some time to about this. Being one of those people who likes to control the world, I don't think that -- that I like the idea of giving up any kind of control in this part of the world and I understand staff's concern about being able to provide services and what kind of impact that is on them, but -- so I would like to suggest that we do give some thought to this and bring this back in a couple of weeks for possibly a decision at that point. Bird: Mr. President? Wardle: Mr. Bird. Meridian City Council May 17, 2005 Page 31 of 43 Bird: I need one more question out of Brad. Brad, if I remember right, this is JUB's -- off of their sewer deal, wasn't it, that we had done? Watson: Councilmember Bird, that is correct. Bird: And if I remember right, every line they drew was gravity flow and no lift stations; right? Watson: Yes. Bird: Okay. So, this was all gravity flow? Watson: Yes. Bird: I think that makes -- Donnell: And would continue to be? I mean that's all the way to that furthest point is all gravity flow? Watson: All the way to the upper end is gravity flow. Bird: All gravity flow. Donnell: And so, Mr. President, if I might? Wardle: Mrs. Donnell. You bet. Donnell: Then, as -- if I understood what you were saying here, Brad, then, if Boise were to provide sewer services, they would have to put a lift station in; is that right? Wardle: I do not intimately know the master plan, but I believe they would have to pump over into their Cloverdale trunk once it's in this area. Donnell: So, they are coming in an opposite direction? Bird: Same thing they did at Centennial and Bristol Heights and all them. Thanks to our school district. Canning: Mr. President, one quick comment if I might. It occurs to me that there is one basic assumption that staff made that we haven't made clear to you all, so I just wanted to make sure you were aware of that and that is the assumption that if United Water includes this in their service area, that that is something that the city does not want to, eventually, annex -- to have them actually in the city limits. So, that's why this issue is corning to you now, is because it's -- if you don't want United Water in the eventual city limits, then, we need to make other arrangements to get water to Mr. Wood. So, that was the sense of urgency that had not -- I mean it's not urgent urgent, but he needs to Meridian City Council May 17, 2005 Page 32 of 43 know fairly quickly, so that we don't allow United Water to go into what will eventually be the city limits. Bird: Mr. President, can I ask a legal question? Clear this up. I think I know the answer, but if -- if and when we annex that, having our own water system, if United Water is in there, they still get to stay there, don't they? Nary: Mr. Bird, yes, they still get to stay there and I appreciate Mrs. Canning pointing that out. I think that's the only urgency that you have, is that right now United Water has authority to go serve the Black Rock development. If you don't want that, then, we'd have to provide it in some fashion in some reasonable time for Mr. Wood, otherwise, he can ask that United Water do it. So, that is the one urgency, I guess, that I wanted to make clear, that I don't think Mr. Wood wants you to take too long to make that decision on what you'd like to do. Wardle: Mr. Watson, I will just offer my quick opinion for you and if any of the Council would like to add theirs -- I think we need to have this discussion about the area. I'm not prepared to make the decision tonight about whether at anytime in the future we should annex the property or not. Certainly I think that we are not going to be able to serve -- the very very far corner if we are not going to be able to serve that with sewer, even in the future, then, we need to potentially look at removing that from the referral area. As far as water service, I know that the city's had a history in the past of holding along our water system. It appears that United Water is available to serve this piece and while certainly that's not to mean that we like to as a common sewer thing within the city, at this point in time I don't think that the City of Meridian is prepared to make other arrangements for water and so we can -- I hate to say put that on another Council, but it doesn't appear to me that we have a choice. We will have the choice whether to annex the property when we become contiguous and that will be, really, the choice that we will make. Does that spark anything in -- Bird: Mr. President, I just have -- you know, I have a -- I'm like Councilwoman Donnell, I don't like to give up any area, but I also understand developers have to have something. And I absolutely do not want United Water coming in our territory. We -- I have a feeling that we have a problem at one location now that's going to surface. So, I see where Brad says that it's about 8,400 lineal feet to get our water down there, whether that's the right way to go, but I'm with you, Mr. President, I think it needs to come back -- what would it be, June 7th -- and give Mr. Wood an answer, because he certainly deserves one, and I would be prepared to do that. Wardle. Okay. June 7th. Do the rest of the Council -- let me clarify that, Mr. Bird. On the issue of Meridian providing water service to this specific development, we would answer that question on the 7th? Bird: I would expect that we should -- you know, that should be part of our answer is that, and Mr. Wood's taking care of the sewer, so -- [ f Meridian City Council May 17, 2005 Page 33 of 43 Wardle: And I believe that's already it the process and still have some approval time. Okay. Bird: Because, you know, I'm to the point that if we can't keep the water and sewer, I don't want our -- I don't want our people being billed by another water company. Wardle: Okay. Donnell: And, Mr. President, just to follow up Wardle: Okay. Donnell: I think, if I heard what Brad said -- and perhaps, Anna, you as well, is that staff really would like to know -- to have some direction as well, not just on the water issue, but on other issues that come forward in that area; is that right? So, you really want us to think about more than just whether or not we should provide water or not? Don't make us think too hard now. Canning: President Wardle, Councilwoman Donnell, one of the -- clearly the United Water issue is the only urgent issue. The other issues can certainly wait for some time. And one of the enhancements I have requested is to study all of the south county areas, so I think that that issue may come up. It's certainly one that needs to be addressed within the next couple of years at the latest, so -- Donnell: The next couple of years at the latest? Wardle: Thank you. Then, Council, if you would agree, I would ask Brad to bring back June 7 a -- as a department report either a positive or negative answer as to the water service for Black Rock Subdivision. Okay. Rountree: Mr. President? Wardle: Mr. Rountree Rountree: I would like to have staff provide us some -- just bullet points, the pros and cons in this particular area as it relates to its potential for the City of Meridian. I hear the folks that want to control it not wanting to lose control, but I don't know necessarily fall on that particular venue, so I think there is probably some advantages to not possibly having it as part of Meridian as well, so -- other than the sewerability, which, you know, if it all gravity feeds, that's certainly the most economical thing to do for us and/or the developers in the future, but are there some other issues as it relates to other infrastructure, as well as just the community itself that are advantages or disadvantages and it's not a homework assignment, but if you'd provide some of your thoughts it would be helpful before the 7th. dF Meridian City Council May 17, 2005 Page 34 of 43 Wardle: Mr. Rountree, just to clarify one of the issues, you mentioned that -- to have it not in the City of Meridian. One of the things that I have heard is, really, the decision is -- is whether to -- is the water issue and -- which certainly doesn't preclude annexation in the future. Rountree: No. Wardle: But would, obviously, have a different water provider. Great. Does that provide us enough direction, Brad? Watson: Yes. Thank you. Item 19: Department Reports: C. Legal Department — Bill Nary 1. Proposed Policy Changes: a. Bereavement Leave: b. Education Reimbursement: C. Introductory Period of Employment: d. Compensation Program: e. Clothing Attire and Allowance: f. Military Leave: g. Director Benefits Program: h. Trial Service Period for Promotions or Transfers: Wardle: Thank you very much. Item No. 19 has been moved from Item 6-C. Legal Department, proposed policy changes. Mr. Nary. Nary: Thank you. I thought I'd get out of the chair, since I always sit over there. A few weeks ago I brought a bunch of ordinances that we had been working on and this week we have a bunch of policies, so 1 don't want you to think I was just sitting around drinking coffee like most lawyers do. Most of these policy changes have been directed by you, some of them haven't, so I want to explain those. Some of them have come up in application and the way our policy manual is worded, if there is an issue of interpretation, it's my decision on to how to interpret the policy. What we have done is try to make sure the policy makes sense and if we need to clean it up to make it clearer in the future -- most of them are fairly simple. The first one I will just be brief and stop L N CD 3 ai c� U O O G � � Ira„� O 7 m CG U O O Com• Y 'L 0 Q Q E� O ` U +' 0 O { v O O w 'p Oa Q � O O >1 EQ �--� C a)L O m co CD EQ O C U O 3 _0 C i 0 U; :3o� J? n CU r- a) L .L U d? 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O � m O m a) .� , . cr C. -��j � C N O 3 .r m � c O c4 c m ui a ° � a '� (D s 'i fl� �U3 Ex o `�vo3�� ooCL a m Q E:3 m a.d_00 �;•�' w rnm Q 4d C) L 0� m Z>1 U ca V UO L m m -0 C) E L m U U)U LL _ G O j, O O ID C 0 Q Q} N 12,CD .c4 �mm may ca �o U LLilU) �U v (D CL O a � °o U) C: � � m C- C7 E0 CV O O O 00iso 7, .Y O :, U E x OE co ca 0 U a) ClQ Q ca D C2. > Q "¢ 75- C t- C d7m �O C C) ro p N w �? �v � U E � C E C a) CX -0 rn m© O (CDL toO as c o o E a 0O m� C Q U C f� a) tQ C E U O E� (6 Q C O C M-0 U c p E Cli a i O w ca a C N E U O O U T � 7 .N p C) [� C CL C N to _ O a) U'� �= ro nn � U O O O Q E InZ ao N U O cw a U x am° o _0 a) C CO x aG 06 � - 0 0'� cu c � ID C ,g o dq E Q o m � m O Doo CCS p) U W 'U � 0 � � 2 o ti C) o C tea) j U c o O Co W p 0 c9 O a N ca —0 C � O _0 �76 a)'Utix � '��xM=5 U E '� O O C O (a U M U .0 (6 N 7ti "O C 4� C O 0 0 Q) O' C M a) "D +�- O a) L, Vi C t2.. O [. Q.'� co U= =p E a) a) m C C C cu L-�� N E p C O U C) W O E- N C O cn cn LLE CD U U w Uy < o U .s W E Cl yw Q) D C_0 �" J Ell LL Land Use Distribution (Acres) IJ 4.9 Estimated ® Platted Lots: 131.2 13345.8 1Unplatted Parcels (Residential): Assessed Annual Tax (Agriculture): 11679.5 0 Unplatted Parcels (Bare Qty. Area (Ac) Value Revenue: (Commercial): El Unplatted Parcels Total No. of Lots/Parcels: 119 1857.9 $27,666,500 Platted Platted Lots: 66 345.8 $19,912,000 $48,263 Existing Median Assessed Value (Residential): $240,600 Unplatted Parcels Assumed Redev. Density Unplatted Parcels (Residential): Unplatted Parcels (Agriculture): 24 672.0 $4,998,100 $15,542 1 Est. Rev. 2 Est, Rev. 672 $398,283 1344 $796,566 Unplatted Parcels (Bare Land): 20 6 679.5 131.2 $310,000 $720,700 $964 $2,241 679 131 $402,693 $77,747 1359 $805,385 Unplatted Parcels (Commercial): 2 24.6 $1,596,700 $4,965 25 $14,556 262 49 $155,494 $29,112 Unplatted Parcels (Manufactured): 1 4.9 $129,000 $401 5 $2,922 10 $5,844 53 1512.1 $7,754,500 $24,113 1512 $896,201 3024 $1,792,401 Total Area: 119 1857.89 $27,666,500 $72,376 Recorded Subdivisions Year Area, Ac Res. Lots Ikon -Farm Lots Acres (Diamond Ridge Estates 1996 39.9 5 1 29.7 Farr Columbia Bluffs 1991 39.8 5 1 31.3 Gibson 1991 39.7 3 0 0 Laredo Estates 1990 73.7 4 0 0 Tamarack Ridge 1991 41.1 4 0 0 Uppiano 1972 39.1 7 0 0 Vantage Point 2000 79.0 16 2 53.6 352.3 114.6 Land Use Distribution (Acres) IJ 4.9 24.6 ® Platted Lots: 131.2 13345.8 1Unplatted Parcels (Residential): © Unplatted Parcels (Agriculture): 11679.5 0 Unplatted Parcels (Bare Land): ®672.0 M Unplatted Parcels (Commercial): El Unplatted Parcels (Manufactured): MERIDIAN CITY COUNCIL MEETING May 17, 2005 APPLICANT ITEM NO. 17 REQUEST Discussion of Black Rock Subdivision by Brad Watson, Public Works Director AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See memo from Brad Watson Contacted: COMMENTS Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. �T� 11 @�� To: Mayor De Weerd & City ouncil From: Brad Watson, P.E. CC: File, City Clerk Date: 5117105 Re: May 17, 2005 City Council Meeting Agenda Item — Black Rock Subdivision (Dan Wood) United Water Idaho (UWI) submitted a request to the Public Utilities Commission to extend its "certificated area" into the City of Meridian Area of Impact and the "referral area." This request was made on behalf of Black Rock, LLC (Dan Wood) which intends to develop approximately 50 acres of the 220 acres he holds in Ada County, south of Amity Road. A vicinity map showing the proposal is attached. The non-farm portion of the project will consist of 44 (1/2 --acre to 1 -acre) lots. If central services (water and sewer) were provided, Mr. Wood expects to develop the balance of the property, 170 acres, at a gross density of around 3 units/acre. This would ultimately produce approximately 550 residential units on this property. Ada County granted preliminary plat approval of the "non-farm" subdivision in the fall of 2004. Based on Mr. Woods discussions with City Council over the last year (July 20, March 1) regarding this project, we were under the impression that the project would use a community well and septic system. I provided written comments to the PUC on April 21, 2005 asking them to deny UWI's entire request. UWI provided additional comment to PUC revising their request to exclude the area currently within Meridian's Area of Impact. I received the PUC's final order yesterday approving UWI's request which excludes the area within the City of Meridian area of impact. Anna Canning and I subsequently met with Mr. Wood on May 5 to discuss options. At this point there appear to be four options: 1. City Operated Communily Well. The City of Meridian would work with Mr. Wood to assume operation and maintenance responsibilities of a satellite water system. We have never entered into such an arrangement. 0 Page I RECEIVED Y 17 200 s De i e ity of Meridian City Clerk Office �T� 11 @�� To: Mayor De Weerd & City ouncil From: Brad Watson, P.E. CC: File, City Clerk Date: 5117105 Re: May 17, 2005 City Council Meeting Agenda Item — Black Rock Subdivision (Dan Wood) United Water Idaho (UWI) submitted a request to the Public Utilities Commission to extend its "certificated area" into the City of Meridian Area of Impact and the "referral area." This request was made on behalf of Black Rock, LLC (Dan Wood) which intends to develop approximately 50 acres of the 220 acres he holds in Ada County, south of Amity Road. A vicinity map showing the proposal is attached. The non-farm portion of the project will consist of 44 (1/2 --acre to 1 -acre) lots. If central services (water and sewer) were provided, Mr. Wood expects to develop the balance of the property, 170 acres, at a gross density of around 3 units/acre. This would ultimately produce approximately 550 residential units on this property. Ada County granted preliminary plat approval of the "non-farm" subdivision in the fall of 2004. Based on Mr. Woods discussions with City Council over the last year (July 20, March 1) regarding this project, we were under the impression that the project would use a community well and septic system. I provided written comments to the PUC on April 21, 2005 asking them to deny UWI's entire request. UWI provided additional comment to PUC revising their request to exclude the area currently within Meridian's Area of Impact. I received the PUC's final order yesterday approving UWI's request which excludes the area within the City of Meridian area of impact. Anna Canning and I subsequently met with Mr. Wood on May 5 to discuss options. At this point there appear to be four options: 1. City Operated Communily Well. The City of Meridian would work with Mr. Wood to assume operation and maintenance responsibilities of a satellite water system. We have never entered into such an arrangement. 0 Page I 2. Extend City Water to Serve Black Rock. According to our hydraulic modeling, extension of the city's water mains south on Eagle Road to this proposed project would provide adequate fire flows. Approximately 8400 lineal feet of 12 -inch line would be required (including fines in public right of way and lines through undeveloped areas) to get to the exterior boundary of the Black Rock parcels. A copy of the water modeling output is attached. 3. Release Area From Referral Area. This option involves releasing approximately three square miles from the referral area and removing it from any of the City's planning documents. Ultimately, the area would likely develop only in non-farm subdivisions unless Boise City agreed to provide sewer service to the area (via lift stations). Tax Revenue Implications. Based on existing development and assuming Boise City sewer could eventually serve the area, we estimate approximately the following property tax revenue at current levy rates: Potential Annual Prope_q Tax Revenue City of Meridian only at current levy rate) Gross Density ERU/Ac): 1.0 2.0 Total # ERU's in 3 s . mi.: 1,920 3,840 Assessed Value City Prop. Tax/ERU Annual Rev. Annual Rev. $200,000 $540 $1,036,800 $2,073,600 $250,000 $720 $1,382,400 $2,764,800 $300,000 $900 $1,728,000 $3,456,000 4. Do -Nothing. In our preferred alternative, Mr. Wood would postpone any development of the Black Rock project until City of Meridian water and sewer could adequately serve it and annex into the city. Obviously, this is Mr. Wood's least preferable option. Several other development proposals have been submitted to the City in the area between Tuscany Lakes and Black Rock property. Additionally, a handful of other parcels in the referral area have approached the City regarding provision of water and/or sewer service (i.e. Calvary Church, Bradford Shaw). Ten Mile Trunk Capacity Based on recent modeling and approved and pending applications, approximately 300 ERU's of available sewer capacity exist. This number reflects projects that have been submitted to the City but not yet approved by City Council (totaling 869 lots). If these projects are ultimately approved by City Council, we are very close to being forced to shut down development in the Ten Mile Trunk area until the Black Cat Trunk is extended Victory Road. Our current Black Cat project, when completed, will be approximately three miles from this point. • Page 2 June 3, 2005 MERIDIAN CITY COUNCIL MEETING .June %, 2005 APPLICANT ITEM NO. 1 REQUEST Public Hearing -- Justice Assistance Grant with Meridian Police Department AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: COMMENTS See attached ^Q11 -C, � r op �fry Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. * * * Opening Public Meeting Information * * * The Meridian Police Department will hold a public hearing during the City Council Meeting on June fh, 2005, to discuss: The Edward Byrne Memorial Justice Assistance Grant Program This grant is handled through the Bureau of Justice Assistance Description of Meridian City Grant Program: Mayor's Anti -Drug Coordinator Education and Prevention Program. Funding allocation: The City of Meridian has been awarded $12,012.00. These funds will be used for: Training, equipment, supplies, printing and binding of educational and prevention materials. Approximately 17% of the grant funding will pay for operating expenses tied to the implementation of education and prevention programs. The City of Meridian recently hired a part-time Anti -Drug Coordinator. This person works in the Community Services Division of the Meridian Police Department. Public comment is welcome. June 3, 2005 RZ 04-007 MERIDIAN CITY COUNCIL MEETING June 7, 2005 APPLICANT Tiburon Meadows, LLC ITEM NO. 21 REQUEST Amendment to Ordinance – Request for a Rezone of 10.69 acres from R-4 to R-4 R-8, and L -O zones for Tiburon Meadows Subdivision – 1450 and 1460 North Ten Mile Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See attached Ordinance CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: (f t ce a S`— Phone: Emailed: L„WafniL�pUr.LI�� Z¢Cc,IQ�Iq�ne�er aff Initials: Materials presented at public mee#ings shall become p c perty of the City of Meridian. NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO T.C. § 50-901(A) CITY OF MERIDIAN AMENDMENT TO ORDINANCE NO. 04-1093 PROVIDING FOR ANNEXATION AND ZONING ORDINANCE An Ordinance of the City of Meridian granting annexation and zoning for real property located at 1450 and 1460 North Ten Mile Road, approximately % mile south of the southeast intersection of Ten Mile Road and Cherry Lane, City of Meridian, Ada County, Idaho, more particularly described in Attachment "A". This parcel contains xo.69 acres more or less. Also, this parcel is SUBJECT TO all easements and rights-of-way of record or implied. As surveyed in attached exhibit "B" and is not based on an actual field survey. A full text of this ordinance is available for inspection at City Hall, City Qf Meridian, 33 East Idaho, Meridian, Idaho. This ordinance shall become effective on the ' t day of �un 2005. City of Meridian Mayor and City Council By: William G. Berg, Jr., City Clerk First Reading: ,� 11 tqc ` f , Zoo; Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code 50.902: YES )� NO Second Reading: Third Reading: STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 0�J Oq The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance No. o' _ 10 Q _ . of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 5o-golA (3). DATED this day of /i `" 72005. William. L.M. Nary City Attorney ORDINANCE SUMMARY — AMENDMENT TO 04-1093 TIBURON MEADOWS— Page 1 AOA COUNTY RECORDER C '(IQ NAVARRO AMOUNT .00 7 BOISE IDAHO 08113/05 02:L rM DEPUTY Neava Haney III 1Ij1 1II!I�I i1!f1! II ��I RECORDED -REQUEST OF !fl ! II 11 f IIfIII 1 Meridian City 105076393 CITY OF MERIDIAN AMENDMENT TO ORDINANCE NO. 04-1093 BY THE CITY COUNCIL: BIRD, DONNELL, ROUNTREE, WARDLE AN AMENDMENT TO ORDINANCE 04-1093 FINDING THAT OWNERS, STON.EHOUSE EVANGELICAL CHURCH AND GRETA HUIT, TRUSTEE FOR THE HUIT 1992 REVOCABLE TURST, FOR CERTAIN REAL PROPERTY HAVE MADE A WRITTEN REQUEST FOR REZONE OF THE ZONING CLASSIFICATION FOR REAL PROPERTY LOCATED AT 1450 AND 1460 NORTH TEN MILE ROAD, APPROXIMATELY'/ MILE SOUTH OF THE SOUTHEAST INTERSECTION OF TEN MILE ROAD AND CHERRY LANE, MERIDIAN, IDAHO, AND THAT LIES WITHIN THE BOUNDARIES OF THE CITY OF MERIDIAN FROM R-4 (LOW DENSITY RESIDENTIAL DISTRICT) TO R-4 (LOW DENSITY RESIDENTIAL DISTRICT), R -S (MEDIUM DENSITY RESIDENTIAL DISTRICT) AND L -O (LIMITED OFFICE DISTRICT) AS DEFINED UNDER MERIDIAN CITY CODE SECTION 11-7-C, D & G; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" is within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation and re -zoning by the owner of said property, to -wit: Stonehouse Evangelical Church and Greta Huit, Trustee far the Huit 1992 Revocable Trust, SECTION 2. That the above-described real property is hereby re -zoned from R-4 (Low Density Residential) to R-4 (Low Density Residential), R-8 (Medium Density Residential) and L- O (Light Office) in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian re -zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian re -zone said property. SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as AMENDMENT OF ORDINANCE NO. 04-1093 - TIBURON MEADOWS SUBDIVISION - Page 1 of 3 t well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to -wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (I) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day of 2005. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 7'` day of , 2005. R, de WEERD -ter ATTE WILLIAM G. BERG, JR., CITY'r vexk. AMENDMENT OF ORDINANCE NO. 04-1093 — TIBURON MEADOWS SUBDIVISION - Page 2 of 3 STATE OF IDAHO, ) : ) ss. County of Ada } On this�� �] day of jLkKc , 2005, before ane, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and. WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the CITY of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. $40"11111 Hip%ske L. (SEAL),' oTARY %a '; B Y i T Y PUBLIC FOR IDAHO e ®�� ESI ING AT. Pry G[i 4�t �'uBL1G MY COMMISSION EXPIRES: �7 y ®a °° ��!-epi o V AMENDMENT OF ORDINANCE NO. 04-1093 — TIBURON MEADOWS SUBDIVISION - Page 3 of 3 Jul,20. 2004 8:14AM;No.7044 R. 4 f" CrM AND SMUCTURAL ENGINEER17VG TIBURON SUBDIVISION SARGENT DESCRIPTION Job No. 04025 4113/2004 Land in the NW114NW1A of Section 11, 73N, R1 W, 5. M., City of Meridian, Ada County, Idaho, described as follows: COMMENCING at the Northwest Corner of said Section 11; thence, along the West Line of said Section 11, South 0025'27" West, a distance of 600.00 feet, to the Northwest Corner of the first parcel of land described in Warranty Deed, Inst. No. 7747995; thence along the North Line of said parcel, South 88037'46" East, a distance of 322.29 feet, to the POINT OF BEGINNING; thence continuing along said North Line, South 8803746" East, a distance of 404.06 feet, to a point on the West Line of Haven Cove No. 3 Subdivision, in book 66 at page 6737, Ada County Plat records; thence along said West Line, and the West Lina of Haven Cove No. 4 Subdivision, as per the plat thereof in book 69, at page 7061, Ada County Plat records, South 00025'56" West, a distance of 724.93 feet, to a found 518 inch rebar marking the Southwest Corner thereof, also being a point on the South Line of said NW114NW114, Section 11; thence along said South Line, North 88°54'06" West, a distance of 389.55 feet, to a point on the Centerline of the Eight Mile Lateral; thence along said Centerline, North 41'46'37" West, a distance of 38.49 feet; thence North 01 "22'14" East, a distance of 698.60 feet, to the POINT OF BEGINNING. Containing 6.82 acres, more or less. Together with a common access to Ten Mile Road, to be granted from the Church and Hewitt Parcels, as shown on preliminary plat. JUL 2 1 2004 Meridim Pirie q Worim Dept PASirgeaffiWronMeidowsU)rawu►gslSurvey\PEa(\Prclunl.5ament-DESC.DOC TF'easta-e l's.ky.�`�',agingers, hic. C}.c'`�P,'ic-.: (2.08) 463-0-105 WO r Fratii:iin Rcl,'Suirc 220 AT•���_,-, T:F�1,�, Q'lf,R"7 Fear: 208) 16a.439 t ...,.....,'r...�....,.-..ti'..f�....r:........,_.. _...._. Ju1.20. 2004 1:47PM, No 7057 P. 2 CIVIL AND sTRUMMAL ZVGINE9ftfNc TIBURON SUBDIVISION ZONE L -O DESCRIPTION Job No. 04026 7/20/2004 Land in the NW1l4NW114 of Section 11, T3N, R1W, B.M., City of Meridian, Ada County, Idaho, described as follows - COMMENCING at the Northwest Corner of said Section 11; thence, along the West Line of said Section 11, South 0925'27" West, a distance of 724.27 feet, to the Southwest Corner of the first parcel of land described in Warranty peed, Inst. No. 7747995, and the POINT OF BEGINNING; thence along the South Line of said parcel, South 88°37'46" East, a distance of 320-25 feet; thence South 01 "2214" West, a distance of 574-35 feet, to a point on the Centerline of the Eight Mile Lateral; thence along said Centerline, North 41 °46'37" West, a distance of 462.56 feet, to a point on the West Line of said Section 11; thence along said West Line, North 00°25'27" East, a distance of 236.90 feet, TO THE POINT OF BEGINNING. TOGETHER WITH the following described parcel - COMMENCING at the Northwest Comer of said Section 11; thence, along the West Line of said Section 11, South 025'27" West, a distance of 600.00 feet, to the Northwest Corner of the first parcel of land described in Warranty Deed, Inst. No. 7747995, and the POINT OF BEGINNING; thence along the North Line of said parcel, South 88°3746" East, a distance of 162.90 feet; thence South 0122'14" West, a distance of 124.25 feet, to the South Line of said first parcel of land described in Warranty Deed, Inst, No. 7747995; thence along said South Line, North 88°37'46" West, a distance of 160.86 feet, to a point on the West Line of said Section 11; thence along said West Line, North 00'25'27" East, a distance of 124.27 feet, TO THE POINT OF BEGINNING. Subject to- a 48 foot wide right-of-way for Ten Mile Road along the West side, a 30 foot wide right-of-way for the Eight Mile Lateral along the southwesterly side, and a road right-of-way and a utility and access easement benefiting the parcels to the East. Containi s gross, and 2.99 acres net (less 10 Mile Road ri ht -of -way), more or less- UP ess. E i!.A�t��, median clic Iq ()rks Dept. Y:ISarpc iKI ttmmn Mcad`owsll�iywitigs�Survey\Pk:dlPrrlimlL-b IOIVY DFSC.00COF �r r Fsr� �xrs' ';zl.Ec� ,6,zx .s�ccrs, mac. �77- G (20-Ri 463-0-1-4 l it;: i, C�ttsl.lizl ltd Suito 27-0 n 2 a i:'.iip: 1 Idaho 3,368,17 Ju1.20 2004 8 14A No.7044 P. 3 VAU RN CIVIL AND STRUCTUBAL iENGINI:EWJV TIBURON SUBDIVISION HUIT East Parcel - Proposed Zone R-4 Job No. 04025 6/16/2004 Land in the NW1/4NW114 of -Section 11, T3N, R1 W, B.M., City of Meridian, Ada County, Idaho, described as follows: COMMENCING at the Northwest Corner of said Section 11; thence, along the West Line of Said Section 11, South 01,25'27" West, a distance of 600.00 feet, to the Northwest Corner of the first parcel of land described in Warranty Deed, Inst. No. 7747995; thence along the North Line of said parcel, South 88°37'46" East, a distance of 162.90 feet, to the POINT OF BEGINNING; thence continuing along said North Line, South 88937'46" East, a distance of 159.39 feet; thence South 01 "22'14" West, a distance of 124.25 feet, to the South Line of said first parcel of land described in Warranty Deed, Inst. No. 7747995; thence along said South Line, North 88°3746" West, a distance of 159.39 feet; thence North 01 "22'14" East, a distance of 124.25 feet, TO THE POINT OF BEGINNING. Containing 19,804 square feet gross, more or less. Together with a common access to Ten Mile Road, to be granted from the Church and the adjacent Hewitt Parcel, as shown on preliminary plat. L LANpsG r !j 9P FI 7g P:1.Sasgcnt\Tibut0n McedawR\Dmwingg SurveylPlal\Pa-climlH.l;1i/I'!TC DESC•East-R-4,DOC: 5680 E FraiiUlz Rd, Suite 220 Fwi (208) 463-4391 NJsImno Trimtwk RIAR-7 - _ fT1.?'i�'. I"C',�.SiEE'E''4�'},tilvl� lZiiFI.CC`1'�Coln Jul.20, 2004 E:14AM No 70446991 P 6 z YON 1400VA18ns moo Rk..Ifm s z Lq ul cl -4 13 Z -_3 ti�,tZk- 0 9Z'+a L PQ W -W E .. min 8 b7 Rnr V rfa 9 IE Z S969 T 00-0 nt t aq t &W rlK NRL 'N No 70446991 P 6 z YON 1400VA18ns moo Rk..Ifm s 05- 00 LP June 3, 2005 RZ MERIDIAN CITY COUNCIL MEETING June 7, 2005 APPLICANT PHmeland Development, LLP ITEM NO. 22 REQUEST Ordinance - Request for a Rezone of 4.65 acres from R-4 to L -O zones for Verona Subdivision No. 3 -- nec of North Ten Mile Road and West Milano Drive AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See attached Ordinance CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: r� MERIDIAN SCHOOL DISTRICT: V ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: �� Phone: Emailed: -e5-be!Y!_�� f` f Staff Initials: Ag - Materials presented at public meetings shall become property of the City of Meridian. NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 05- ll PROVIDING FOR RE -ZONING ORDINANCE An Ordinance of the City of Meridian granting re -zoning for land known as the Northeast corner of N. Ten Mile Road and W. Milano Drive, Section 26, Township 4 North, Range I West, City of Meridian, Ada County, Idaho, more particularly described in Attachment "A". This parcel contains 4.65 acres more or less. Also, this parcel is SUBJECT TO all easements and rights-of-way of record or implied. As surveyed as attached as Exhibit "B" and is not based on an actual field survey. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Idaho Avenue, Meridian, Idaho. This ordinance shall become effective on the -1 -- day of,2005. City of Meridian, Mayor add City Cogncil . ORAL By: William G. Berg, Jr., City Clerk :F First Reading: 6- 7-Q 5 ' 3 ' Adopted after first reading by suspension of; s,a ed pursuant to Idaho Code 50-902: YES }C NO Second Reading: -- Third Reading: STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 05- 1154 - The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance No. 05- �/ 5 - of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901 A (3). DATED this L�- day of June, 2005. William.. L.M. Nary, City Atto cy :�) ORDINANCE SUMMARY - REZONE OF RZ-05-006 VERONA SUBDIVISION NO.3 -- Page 1 of 1 ADA COUNTY RECORDER J. � ` °`0 NAVARRO AMOUNT .00 5 BOISE IDAHO 06/13105 02:2x..., DEPUTY Neava Haney II I I ll I I I II �I[I II II [ �� I III RECORDED -REQUEST OF [ Meridian City 105076394 CITY OF MERIDIAN ORDINANCE NO. LI�J _ /4 BY THE CITY COUNCIL: BIRD, DONNELL, ROUNTREE, WARDLE AN ORDINANCE (RZ-05-006 — VERONA SUBDIVISION NO. 3) FOR A RE -ZONE OF PROPERTY LOCATED AT THE NORTHEAST CORNER OF NORTH TEN MILE ROAD AND WEST MILANO DRIVE, CITY OF MERIDIAN, ADA COUNTY, IDAHO, AS DESCRIBED IN ATTACHMENT "A" OF THIS ORDINANCE AND RE- ZONING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND WITHIN THE CORPORATE LIMITS OF THE CITY OF MERIDIAN; AND RE -ZONING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM R-4 (MEDIUM DENSITY) TO L -O (LIMITED OFFICE) IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" is within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for re- zoning by the owner of sad property, to -wit: Primeland Development, LLP. SECTION 2. That the above-described real property is hereby re -zoned from R-4 to L -O (Limited Office) in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to re -zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian re -zone said property. SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. RE -ZONE OF RZ-05-006 VERONA SUBDIVISION NO.3 Page 1 of 3 SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION S. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a reap prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to -wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (112) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY TH7E� CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 7�/- day of C7 r/ , 2005. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of V , 2005. MAYOR A MY de WEERD t(� ATTEST: 074 BEAL CITY CLERK lox, RE -ZONE OF RZ-05-006 VERONA SUBDIVISION NO.3 Page 2 of 3 STATE OF IDAHO, ) : ) ss. County of Ada } On this day of ttV�e , 2005, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the CITY of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. 0 4mM@WOBo �O°d (SEAL) ®° �oTAR� m6 m•� a m 6 NOT RY PUBLIC FOR ID�HO RE, TDIN AT:�fi A e v$LSG $ a e CO MISSION EXPIRES: Zo 07 � v �` a�a 11 vo• i RE -ZONE OF RZ-05-006 VERONA SUBDIVISION NO.3 Page 3 of 3 EXHIBIT A Verona Subdivison #3 RZ-05-006 Legal Description Busy Gra 1 i Thsnca1104said right-af- ay North 82-03'21 "West 311.34 Fact; Thence 90.54 fctt along the Of a curve to the left, having a radius of 827.00 favi, a centra] angle ofd" 16'22", an a long chord bearing North 85411.32. West, 90.50 feet, Thence 50.48 heat along the of a curve to the right, having a radius of 193.00 l■ t:erttral angle Of 14°59'10", along Chord bearing North 80°S0'09" Wes(, 50.34 Thence 103.55 feet along di am of:curvet to the left, having a tadius of336.00 feet, a central ang r of 17'59'57, d a long chord bearing Naltb 82620'32" West, t 05.12 feet to the Paint of Begirutin . Containing 4.65 awes, more or lees. Prepared icy: Idaho 3 -PIC. r ' $37 to U-3 �Yo OF Wed D. T iitY EXHIBIT B Verona Subdivision #3 Rezone RZ-05-006 Approved Site Flan ,.falls;iij June 3, 2005 MERIDIAN CITY COUNCIL MEETING June 7, 2005 APPLICANT REQUEST Executive Session per Idaho State Code 67-2345(1)(c) ITEM NO. 24 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: +' CITY BUILDING DEPT: P CITY WATER DEPT: J ! CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: p� r (/vv ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of A Request for Conditional Use Permit to amend the planned development of El Dorado Subdivision (CUP 01-037) to allow Lots 1 and 2 and the southern portion of Lot 9, Block 5 of El Dorado Subdivision a maximum height of fifty-eight (58) feet in a C -C zone, by El Dorado Hotel Partners, LLC Case No(s). CUP -05-018 For the City Council Hearing Date of. June 7, 2005 A. Findings of Fact 1. Hearing Facts a. A notice of a public hearing was published for two (2) consecutive weeks prior to the City Council public hearing, the first publication appearing and written notice mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property. The notice of public hearing before the City Council was posted upon the property under consideration more than one week before said hearing. All other noticing was done consistent with Idaho Code §67- 6509. The matter was duly considered by the City Council at the May 5, 2005, public hearing(s). The applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian were given full opportunity to express comments and submit evidence. b. Oral testimony was received on this matter, as reflected in the records of the City Clerk (for written testimony) and in the official meeting minutes (for oral testimony). C. The Planning and. Zoning Commission conducted a public hearing and issued a written recommendation on the subject matter to the City Council. d. The City Council heard and took oral and written testimony and duly considered the evidence and the record in this matter. 2. Process Facts a. There has been compliance with all notice and hearing requirements set forth in Idaho Code §67-6509, 6512, and Meridian City Code §§ 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP -05-018 - PAGE I of 4 3. Application and Property Facts a. In addition to the application and property facts noted in the staff report and the Planning & Zoning Recommendation for the subject application(s), it is hereby verified that the property owner(s) of record at the time of issuance of these findings are El Dorado Hotel Partners, LLC, Winston H. Moore. 4. Required Findings per Zoning and Subdivision Ordinance a. See Exhibit D for the findings required for Conditional Use Permits. B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67- 6503). 2. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-17-9. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description in Exhibit A, the Site Plan submitted with the application as shown in Exhibit B and the Conditions of Approval in Exhibit C. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP -05-018 - PAGE 2 of 1. The applicant's CUP Site Plan as submitted with the application is hereby conditionally approved;and 2. The site specific and standard conditions of approval are as shown. in Exhibit C. D. Notice of Applicable Time Limits 1. Notice of Eighteen (18) Month Conditional Use Permit Duration Please take notice that the conditional use permit shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the council. During this time, the pen -nit holder must commence the use as permitted in accordance with the conditions of approval, satisfy the requirements set forth in the conditions of approval, acquire building permits and commence construction of permanent footings or structures on or in the ground. In this context "structures" shall include sewer and water lines, streets or building construction. The applicant has specified in the application and to the commission and council a construction schedule and completion date for the project. If the completion date specified for the project is exceeded, the conditional use application shall become null and void. However, the applicant may submit an application for a time extension on the project for city council review. The application for time extension shall be submitted at least thirty (30) days prior to the deadline for completion of the project. For projects requiring platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one year from the original date of approval by the council. If the successive phases are not submitted within one year intervals, the conditional approval of the future phases shall be null and void. (MCC 11-17-4.5.) E. Notice of Final Action and Right to Regulatory Takings Analysis I. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Exhibits CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP -05-01$ - PAGE 3 of Exhibit A: Legal Description Exhibit B: Approved Site Plan Exhibit C: Final Conditions of Approval Exhibit D: Conditional Use Permit Findings By action of the City Council at its regular meeting held on the day of ri,j,s , 2005. COUNCIL MEMBER SHAUN WARDLE VOTED COUNCIL MEMBER CHRISTINE DONNELL VOTED—�w COUNCIL MEMBER CHARLIE ROUNTREE VOTED COUNCIL MEMBER KEITH BIRD VOTED''' MAYOR TAMMY de WEERD VOTED (TIE BREAKER) Attest: MS, L ,. illiam G. Berg, Jr., City rk c Copy served upon Applicant, The Planning Il; > tgrDepartment, Public Works Department and City Attorney. By:GAWrqDated: i_1'Q City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP -05-018 - PAGE 4 of 4 EXHIBIT A Marriott Courtyard at El Dorado Subdivision CUP -05-015 FM- 11 :tori r€rn^E co Legal Description FHx 140. : W -123- 7 23 nor. } Gcs 10:27w, F2 RECORDED-REQUES€QF When Recorded Please Return to. Z ]f vUta RECitR€]E8 , 3uV10 lG N tiAYARit4 Givens 6" y 277 North North 6"' ' Street, Suite 200 Zoo DE 12 PH y: 47 1 0 [ E 3 (7 10 Boise, 1D 83702 Attn. David R Lombardi A r GRANT DEED FOR VALUE RECEIVED, James i`. Griffin, a stag#e man (`Grantor"), whose address is %5 North 9"' Street, Boise, ID 83702, does hereby GRANT, BARGAIN, SELL and CONVEY unto KIMBALL PROPERTIES LIMITED PARTNERSHIP, an Idaho limited partnership {"Grantee'), whose address ir.P.O Box 8204, 6oise Idaho 83707, the real Praperty in Ada County, State node),, more particular[y described on E Iblt A attached hereto and made a part ,hereof ("property'). Grantor hereby covenants to and with Grantee and Grantee's heirs, successors and assigns, that Grantor is lawfully seized in fee simple of the Property, subject only to the matters described an EXU'Jt S. attached hereto and made a par# hereof, VE water rights or entitlements o rre HOLD. ive waterperly for h ntatiits c at use rtenances, together- with any and all limited to, ditch 0r canal company shares, and ditch rights assoc ated with any irrigation or water delivery ditch, canal, lateral or pipeline, unto the Grantee, and Property, including, but not And the said Grantor hereby binds himself and his successors rto ware heirs d deassigns oforever ees against alt acts of the Grantor herein and no other, subject to the matters set forth herein, Dated effeclive theN „ZnZrday of December, 2001 GRANTOR Peat-lt' Fax Not® 7671ca°aes1 To owl r� From comae. co, Pj:aR9 R PM"C N FCr a iNa GRANT DEED t v+l:uJtr S15%1u...:r»sw. N�ii��an! orae FROM : LH rt[vrFF cD STATE OF IDAHO ) County of Ada ) ss. On this -"z day Of December Idaho, 2001, be fore me personally appeared JAMES F. GRIFFIN, knownor id ntifl �Notary oubtic in and for the State of nem® is subscribed to the within instrument, me to be the person whose and aeknvwiedgod to me Mat he IN VtlITNESB WHEREOF, I and year first above written. executed the same hate her9unto set my hand and affrxed LO rr€y official seat the da Y P Notary Public for Idaho Residing at eevs E- ,�,�� * 3 pUBLt� my commission expi- .,,� 4r� PARCEL A Ducel of land located in the Northeast Quancr and Southeast being same of Secnott 20,me Township 3 North, Range 1 Bast, Boise Mendiatt, Ada County. Idaho depicted on Record of Survey No 5447 recorded July 2, 2001 Iaho, €1ra 101065642, Records of Ada County, ldsho, as me ss me rnore particularly described as follows: Cornrnencing at the Northeast corner of said Seetiots 20, of which the Southeast said Northeast Quarter bears South 00" 14'45" West, 2651.89 fecoater of e€, thence along too Northerly line of said Northeast Quarter, South 89" 4(1' 18" West 1328 41 feet to the POINT 01" BEC71N'NINC � end €Etc Nattlswest %z of the Northeast Quarter of raid Section 2f1; thence along the corner of tho East Westerly line of said East %, South 00° 19'52" Wcst, 55.00 feet, thence along a line parallel with and 55.00 feet southerly of said Northerly line of Section 20 North 89° 46' 18" East 1273-49 feet to a point 55.00 feet Wcxtcrly of the) astcrly line of Easterly lino, sold Northeast Quarter, thence slung a line 55.00 feet Westerly of and pavtjiel with said South 00° 14'45" West, 594,66 feet, thancc North 89° 56' 06" East, 55.00 feet to a point on the 1 asterly line ofsaid Narthcasl Quarter; thence along said line South 00° l4'45" West, 2002..07 feet to the Southeast coater of said Northeast Quarter, thence along the )✓a,terly line of the Southeast Quarter of said Section 20 South 00° 00' 01 " West, 196.19 feet; thence North 69' 20' 09" West 26.90 feet to the Northeast corner of Lot 34, Block 4 of,VIlousarsd Spt'ings Subdivision No. 1 as shown on the official plat thereof recorded in F3ook 79 at Pages 8248 through 8249, Ada County ]records; thence along €hc Northerly boundary of said Subdivision the following courses. North 68° 20'09" West 339,38 feel to the bcainmrig of a tangent curve thence Along said curve to the left having a radius of 250,00 feet, an arc length of222.33 feet, a central angle of 50° 57' 18", and a chord hearing and distance of South 86. 11' 12" West, 215.08 feet; thence tangent &ont said curve South 60' 42' ;33" Wcst, 121.50 feat to the begituting ora tangent curve; thcncc Along said curve to the left having a radius of 200 00 feet, an arc length of I l6 45 feet, a central ankle of 33° 21'36", and a chord beating and distance of South 77° 23' 21" West, 114,31 feet. thence tangent fi-ont said curve North 851 55' 51 " West, 56 1. 11 feet to the Westerly line of the F.-ast % Quarter of said Section 20; thence leZ of the Southeast aving said Subdivision lint:, atong said Westerly line North 00" 1 l' 26" East, 118.03 feet to the Southwest corner of the East '/•, of the Nurt Qu'nerof said Section 20; thence along the Southerly line of the Wcst % ofthe theac Northeast Quarter South 89° 54'44" West, 84,07 feet; thence: leaving said line North 01' 42'52" (last, 2649.75 feet to the Northerly line of the Northeast Quarter of s Section 20; thence along said line aki North 89° 46' 17" East, 20 1 t1 Icct to 01aPOB147 OF BEG1NNlh{; PARCEL. 2 A parcel of 4tttd located in the Southwest Quarter of Stctiun 13, Township 3 North, Range 1 West, Boise i Iridian, Ada County, Idaho, the sarne being depicted on Rc ord of Survey No, 5446 recorded July 2, 2001 as Instrument No. 101065643, Records o1 Ada County, Idaho, more puticutarly described as follows Beginning at the Northwest corner of said Southwest Quarter, of which the Soulhwest earner of said Sou€hwcst Quarter bears South 00' 00' 26" East, 2651.35 [cot, titctzcc aEnna the Northerly line of Southwest QuatYer and the Southerly SOundary Linc of The Landing .Subdivision No. 7, as shown on the official plat thereof recorded in Elook 69, at Pages 7085 through 7085, Ada County Recordse , thence; North 89' 59'42" Eaet, 1326-84 feet to the Northeast corner of il)c Northwest Quarter of said Southwest Quarter; thence South 00' 01'40" East, 1326.16 feet to the Northerly rietnt-of-way lime of .interstate I'Iighway No. 84 as shown on Federal Aid Project No 1--80N-1 (12) 37 on file at the offices ofthe Idaho Transpoilation Department, Eloise, Idaho, thence along said right,of way line North 89' 53'55" West, 1327.32 fest to the Westerly line of said Southwest Quarter; thence along said Westerly line North 00° 00'26" West, 1323 70 feet to the POINT OF BEGINNING EXHIBIT B Marriott Courtyard at El Dorado CUP -05-018 Approved Site Plan O 0 EXHIBIT C Marriott Courtyard At El Dorado CUP -05-018 Final Conditions of Approval SPECIAL CONSIDERATIONS 1. Signs & Addressing: No signs are being approved. with the subject CUP application. Signs require a separate permit in compliance with the sign ordinance. See Site Specific Condition #2 below. 2. Height Exception: For Lots 1, 2, and a portion of 9 of Block 5 of Bonito Subdivision the Planned Development shall allow a maximum height of Fifty - Eight (58) feet to the top of the arch as described in sheet CU -3 (site elevations). SITE SPECIFIC CONDITIONS OF APPROVAL CUP L All conditions of the previously approved El Dorado Subdivision shall also be considered conditions of the Conditional Use Permit (CUP -05018) application. 2. No signs are approved with this application. All wall and free-standing signs require a separate permit. All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. 3. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act, 4. Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 5. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 6. All storm and drainage water must be kept on site. Applicant shall submit, to the City of Meridian Public Works, a site plan to indicate the :means and location of the storm drainage facilities. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91.) for all off-street parking areas. Storm water treatment and disposal shall be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into a surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 7. Sewer service is available to this property via stub outs installed during the construction of Bonito Subdivision. The applicant shall be responsible to construct sewer mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the .Public Works Department. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. Cover over sanitary sewer mains shall be no less than 3 -feet from finish grade to the top of the pipe. 1f cover is less than 3 -feet from the sub -grade to the top of pipe, alternate pipe materials shall be used per the Meridian. Public Works Department's Standard Specifications. 8. Water service is available to this property via stub outs installed during the construction of Bonito Subdivision. The applicant shall be responsible to construct water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. 9. Coordinate fire hydrant placement with the City of Meridian's Public Works Department. 10. Applicant's engineer shall be required to submit a signed, stamped statement certifying that all street finish centerline elevations are set a minimum of thrce feet above the highest established normal groundwater elevation. 11. All landscape areas shall be supplied with underground pressurized irrigation. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a creek or well. source is not available, a single - point connection to the municipal water system shall be required. If a single -point connection is used, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the Meridian City Engineer. 12. No additional buildings or other structures shall be erected, moved, added to or structurally altered, nor shall any building structure or land be established or change in use on this site without first obtaining a Certificate of Zoning Compliance (CZC) from the Meridian Planning and Zoning Department (MCC 11-19-1). 13. All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. 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 paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. Any temporary occupancy will not exceed 60 days to complete the required improvements. 14. If construction has not begun within 1.8 months of City Council approval, a new conditional use pen -nit must be obtained prior to the start of development. 15. Outside lighting shall be designed and placed in such a manner as to eliminate glare and illumination of the adjoining roadways and properties, in accordance with City Ordinance Section 11-13-4.C. 16. Applicant's (or successor's) failure to comply with any of the terms of approval of the conditional use permit shall be cause for revocation of the conditional use permit. OTHER AGENCY COMMENTS & CONDITIONS MERIDIAN FIRE DEPARTMENT 1. Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 2. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e. Fire Hydrants shall be placed on corners when spacing permits. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. g. Fire hydrants shall be place 18" above finish grade. h. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5, 3. All entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius. 4. Provide a 20' wide Fire Lane for all internal roadways all roadways shall be marked in accordance with Appendix D Section D103.6 Signs. 5. For all Fire Lanes, paint the curb red and provide signage "No Parking Fire Lane". 6. Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 7. Commercial and office occupancies will require a fire -flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 8. The 3 office/commercial lots lot will have an unknown transient population and will have an unknown impact on Meridian Fire Department call volumes. The Meridian Fire Department has experienced 2397 responses in the year 2003. According to a report completed by Fire & Emergency Services Consulting Group our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010. 9. Maintain a separation of 5' from the building to the dumpster enclosure. 10. Provide a Knoxbox entry system for the complex prior to occupancy. 11. The first digit of the Apartment/Office Suite shall correspond to the floor level. 12. All aspects of the building systems (including exiting systems), processes & storage practices shall be required to comply with the International Fire Code. 13. Provide exterior egress lighting as required by the International Building & Fire Codes. 14. Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 15. There shall be a fire hydrant within 100' of all fire department connections. 16. Buildings over 30' in height are required to have access roads in accordance with Appendix D Section D105. A fire sprinkler system meeting Type 13 is required. EXHIBIT D Marriott Courtyard At El Dorado CUP -05-018 Conditional Use Permit Findings STANDARDS FOR CONDITIONAL USES The Commission and Council shall review the particular facts and circumstances of each proposed conditional use in terms of the following, and may approve a conditional use permit if they shall find evidence presented at the hearing(s) is adequate to establish (11-17-3): That the site is large enough to accommodate the proposed use and all yards, open spaces, parking, landscaping and other features as may be required by this ordinance; The proposed site plan indicates the building to be placed along the required landscaped buffer of Eagle Road. The required landscaping appears to meet the standards listed under MCC 12-13 Landscaping and will be verified through Certificate of Zoning Compliance. The applicant has indicated one hundred forty six (146) parking stalls, which meets the minimum. required number of one per room. Cross access to the lots north of the site will be provided and direct access to Eagle Road will not be allowed. Staff finds that the site plan submitted by BRS Architects on 3/2/05 labeled CU -1 adequately shows the use is appropriate to the size of the lot. B. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; The Comprehensive Plan Future Land Use Map designates the property as "Mixed -Use Regional" and is currently zoned C -C. Staff finds that the requested use is consistent with the Future Land Use Map and that if approved as a CUP the project will be in compliance with City ordinances and the Development Agreement for El Dorado Subdivision which allows a mix of uses such as Office, Retail, Restaurants, and Hotels/Motels. C. That the design, construction, operation, and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area; Staff is generally supportive of the site plan design. This area is part of a larger commercial area, which staff believes the applicant has designed to accommodate cross access and compatible uses. Staff believes that the hotel will be similar to other uses/buildings in the area which typically range in the 25-40' height range. The applicant has indicated that they will meet the additional fire code requirements to trade access to the eastern side of the building for additional sprinkling requirements as requested by the Meridian Fire Department. Staff finds that if the applicant complies with the conditions outlined in this report, the general design, construction, operation, and maintenance should be compatible with other uses in the general neighborhood and with the existing and intended character of the area and in compliance with the standards as set forth in MCC 11-22. D. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; Staff finds that if the applicant complies with the conditions outlined in this report, the proposed height exception will not adversely affect other property in the area. The nearest residential uses are approximately 600 yards to the south of the site and will not be impacted by the height of the building. The amendment to CUP -01-037 will not impact the other general area uses within the El Dorado Planned development as similar commercial operations already exist. The Commission and Council should rely upon any public testimony provided to determine if the development will adversely affect the other property in the vicinity. E. That the proposed use will be served adequately by essential public facilities and services such as highways, street, 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; Sanitary sewer and water mains were stubbed in to this lot during the construction of Bonito Subdivision. The applicant shall be responsible to construct sewer and water mains to and through this development. Applicant shall coordinate size and routing with Meridian Public Works. Applicant shall execute City of Meridian standard forms of easement, for any mains that are required to provide service. Roads are already provided and the site is an existing commercial operation. The Meridian Fire Department requires the building adhere to additional construction and sprinkling standards as Listed. in this report. F. That the proposed use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; If approved, the applicant will be financing any improvements required for development. Staff finds there will not be excessive additional requirements at public cost and that the proposed zoning and subsequent development will not be detrimental to the community's economic welfare. G. That the proposed use will not involve activities or processes, materials, equipment, and conditions of operation that will be detrimental to any persons, property, or general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; Staff recognizes that traffic and noise will increase with the approval of a hotel in this location. A hotel is a permitted use in a C -C zone and the relative proximity to other commercial, retail and office uses is desirable for the proposed use. Staff does not anticipate the proposed use will create excessive noise, smoke, fumes, glare, or odors. Staff finds that the proposed use will not be detrimental to people, property or the general welfare of the area. H. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; The applicant is proposing to use the existing commercial access designated on Lot 2 Block 5 of Bonito Subdivision as planned through the preliminary platting approval. The access to the south is consistent with ACHD requirements. Secondary access will be provided from cross access to the north. Police and fire have expressed concern with not being able to access the site from all directions but are supportive if the conditions of approval are met. See agency comments below. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. Staff is unaware of any natural of scenic features of major importance on this site and finds that no natural or scenic features of major importance will be lost or damaged by approving the conditional use amendment application. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the matter of the Request for Vacation of a portion of a 20 foot utility easement between Lots 20 & 21, Block 1, Stokesberry Subdivision No. 2, by Properties West, Inc. Case No(s). VAC -05-005 For the City Council Hearing Date of. ,lune 7, 2005 A. Findings of Fact 1. Hearing Facts a. A notice of a public hearing was published for two (2) consecutive weeks prior to the City Council public hearing, the first publication appearing and written notice mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property. The notice of public hearing before the City Council was posted upon the property under consideration more than one week before said hearing. All other noticing was done consistent with Idaho Code §67- 6509. The matter was duly considered by the City Council at the Tune 7, 2005, public hearing(s). The applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian were given full opportunity to express comments and submit evidence. b. Written and oral testimony was received on this matter, as reflected in the records of the City Clerk (for written testimony) and in the official meeting minutes (for oral testimony). C. .The Planning and Zoning Commission issued a written recommendation on the subject matter to the City Council. d. The City Council heard and took oral and written testimony and duly considered the evidence and the record in this matter. 2. Process Facts a. There has been compliance with all notice and hearing requirements set forth in Idaho Code §67-6509, 6512, and Meridian City Code §§ I.1-1.5-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. Application and Property Facts a. In addition to the application and property facts noted in the staff report and the Planning & Zoning Recommendation for the subject application(s), it is hereby CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). VAC -05-005 - PAGE 1 verified that the property owner(s) of record at the time of issuance of these findings is Properties West, Inc. B. Conclusions of Law I. Easements shall be vacated in the same manner as streets. {I.C. § 50-13251. 2. When a county or highway district desires the abandonment or vacation of any highway, public street or public right-of-way which was accepted as part of a platted subdivision said abandonment or vacation shall be accomplished pursuant to the provisions of Chapter 13, Title 50 Idaho Code {I.C. § 40-203 (C)}. 3. Any person, firm, association., corporation or other legally recognized form of business desiring to vacate a part of a plat which is inside the boundaries of any City must petition the City Council to vacate. Any person, persons, fine, association, corporation or other legally recognized form of business desiring to vacate a plat or any part thereof which is inside or within one (1) mile of the boundaries of any city must petition the city council to vacate. Such petition shall set forth particular circumstances of the requests to vacate; contain a legal description of the platted area or property to be vacated; the names of the persons affected thereby, and said petition shall be filed with the city clerk. Written notice of public hearing on said petition shall be given, by certified mail with return receipt, at least ten (10) days prior to the date of public hearing to all property owners within three hundred feet (300') of the boundaries of the area described in the petition. Such notice of public hearing shall also be published. once a week for two (2) successive weeks in the official newspaper of the city, the last of which shall be not less than seven (7) days prior to the date of said hearing; provided, however, that in a proceeding as to the vacation of all or a portion of a cemetery plat where there has been no interment, or in the case of a cemetery being within three hundred feet (300') of another plat for which a vacation is sought, publication of the notice of hearing shall be the only required notice as to the property owners in the cemetery. When the procedures set forth herein have been fulfilled, the city council may grant the request to vacate with such restrictions as they deem necessary in the public interest. In the case of easements granted for gas, sewer, water, telephone, cable television, power, drainage, and slope purposes, public notice of intent to vacate is not required. Vacation of these easements shall occur upon the recording of the new or amended plat, provided that all affected easement holders have been notified by certified mail, return, receipt requested, of the proposed vacation and have agreed to the same in writing. {I.C. § 50-1306A (1), (2), (3) and (5)) 4. Pursuant to Meridian City Code §§ 12-10-1 A and Band 12-10-2 A and B it provides as follows: 12-10-1 APPLICATION PROCEDURE: 1. Application: Any property owner desiring to vacate an existing subdivision, public right of way or easement shall complete and file an application with the Administrator. These provisions shall not apply to the widening of any street which is shown on this Comprehensive Development Plan, or the dedication of streets, rights of way or easements to be shown on a recorded subdivision. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). VAC -05-005 -.PAGE 2 2. Administrator Action: Upon receipt of the completed application, the Administrator shall affix the date of application acceptance thereon. The Administrator shall. place the application on the agenda for consideration at the next regular meeting of the Commission which is held not less than fifteen (15) days after said date of acceptance. 12-10-2 COMMISSION AND COUNCIL ACTION: L Commission Recommendation: The Cormnission. shall review the request and all agency responses and make a recommendation to the Council for either an approval, conditional approval, or denial. 1. Council Action: . Hearing; Notice: When considering an application for vacation procedures, the Council shall establish a date for a public hearing and give such public notice as required by law. The Council may approve, deny or modify the application. Whenever public rights-of-way or lands are vacated, the Council shall provide adjacent property owners with a quit -claim deed for the vacated rights of way in such proportions as are prescribed by law. 2. Street Improvements; Bond: When considering an application for dedication procedures, the Council may approve, deny or modify the application. When a dedication is approved, the required street improvements shall be constructed or a bond furnished assuring the construction, prior to acceptance of the dedication. To complete the acceptance of any dedication of land, the owner shall furnish to the Council a deed describing and conveying such lands to be recorded with the County Recorder. 2. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 3. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles I 1 and 12, Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 4. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-17-9. 5. Due consideration has been given to the comment(s) received from the govermnental subdivisions providing services in the City of Meridian planning jurisdiction. 6. It is found public facilities and services required by the proposed development will not impose expense upon the public if the condition(s) of approval included herein are imposed. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). VAC -05-005 - PAGE 3 7. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. 8. That this approval is subject to the Conditions of Approval listed herein. The condition(s) are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. 9. The Applicant is requesting the vacation of the following existing recorded easements described below: a. The utility, drainage, and irrigation easement on the common line between Lots 20 and 21, Block 1, as evidenced by a submitted drawing titled "Relinquishment of easement in Lots, 20 & 21 of Block, Stokesberry Subdivision No. 2", dated 3128/05 by J -U -B Engineers. 10. The Applicant is requesting the vacation of the easements so that owners may not be encumbered by non -utilized platted easements. 12. The applicant has provided proof of relinquishment of the easements by Cable One, Qwest Communications, Intermountain. Gas Company, and Idaho Power Company. 13. The Applicant has not yet provided notarized consent to the City from the following: Business Owner's Association. 14. The Applicant shall be required to comply with the Conditions of Approval. as follows: 1. Prior to recordation of the Order granting approval of the vacation request, the applicant shall provide the Planning and Zoning Department notarized consent from the Business Owner's Association of relinquishment of the irrigation easement. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The petition requesting the vacation of the following existing recorded easements is hereby granted: a. The utility, drainage, and irrigation easement on the common line between Lots 20 and 21, Block 1, as evidenced by a submitted drawing titled "Relinquishment of easement in Lots, 20 & 21 of Block, Stokesberry Subdivision No. 2", dated 3/28105 by J -U -B Engineers. 2. The Conditions of Approval are as follows: CITY OF MERIDIANI FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). VAC -05-005 - PAGE 4 1. Prior to recordation of the Order Uantin Mproval of the -vacation request, the applicant shall provide the Planning and Zoning Department notarized consent from the Business Owner's Association of relinquishment of the irrigation easement. 3. The City Clerk shall cause a copy of this order to be served upon the affected utility holders, and the petitioner, Public Works, Planning and Zoning Departments, and the City Attorney's office. 4. Upon the Meridian Planning and Zoning Department receiving notarized consent of relinquishment of the irrigation easement by the Business Owner's Association, the City Clerk shall cause a certified copy of this order to be recorded with the Ada County Recorders office. D. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed. with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the ? day of rLy , 2005. COUNCIL MEMBER SHAUN WARDLE VOTED*!�__ COUNCIL MEMBER CHRISTINE DONNELL VOTED COUNCIL MEMBER CHARLIE ROUNTREE VOTED P�-- COUNCIL MEMBER KEITH BIRD VOTED MAYOR TAMMY de WEERD VOTED (TIE BREAKER) CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S), VAC -05-005 - PAGE 5 Attest: .SAL William G. Berg, Jr., City lerk a Copy served upon Applicant, The Planning�af 4Z0n g'- epartment, Public Works Department and City Attorney. JBy: 1 M - Dated: - D City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). VAC -05-005 - PAGE 6 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the matter of the Request for Vacation of Platted Easements in Krispy Kreme Subdivision, by Eagle -Fairview Investment Co., LLC. Case No(s). VAC -05-004 For the City Council Hearing Date of: June 7, 2005 A. Findings of Fact 1. Hearing Facts a. A notice of a public hearing was published for two (2) consecutive weeks prior to the City Council public hearing, the first publication appearing and written notice mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property. The notice of public hearing before the City Council was posted upon the property under consideration more than one week before said hearing. All other noticing was done consistent with Idaho Code §67- 6509. The matter was duly considered by the City Council at the June 7, 2005, public hearing(s). The applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian were given full opportunity to express comments and submit evidence. b. Written and oral testimony was received on this matter, as reflected in the records of the City Clerk (for written testimony) and in the official meeting minutes (for oral testimony). C. The PIanning and Zoning Commission issued a written. recommendation on the subject matter to the City Council. d. The City Council heard and took oral and written testimony and duly considered the evidence and the record in this matter. 2. Process Facts a. There has been compliance with all notice and hearing requirements set forth in Idaho Code §67-6509, 6512, and Meridian City Code §§ 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. Application and Property Facts a. In addition to the application and property facts noted in the staff report and the Planning & Zoning Recommendation for the subject application(s), it is hereby CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). VAC -05-004 - MAGE 1 verified that the property owner(s) of record at the tiine of issuance of these findings is Eagle —Fairview Investment Company, LLC. B. Conclusions of Law I. Easements shall be vacated in. the same manner as streets. {LC. § 50-13251. 2. When a county or highway district desires the abandonment or vacation of any highway, public street or public right-of-way which was accepted as part of a platted subdivision said abandomnent or vacation shall be accomplished pursuant to the provisions of Chapter 13, Title 50 Idaho Code {I.C. § 40-203 (6)). 3. Any person, firm, association, corporation or other legally recognized form of business desiring to vacate a part of a plat which is inside the boundaries of any City must petition the City Council to vacate. Any person, persons, firm, association, corporation or other legally recognized form of business desiring to vacate a plat or any part thereof which is inside or within one (1) mile of the boundaries of any city must petition the city council to vacate. Such petition shall set forth particular circumstances of the requests to vacate; contain a legal description of the platted area or property to be vacated; the names of the persons affected thereby, and said petition shall be filed with the city clerk. Written notice of public hearing on said petition shall be given, by certified mail with return receipt, at least ten (10) days prior to the date of public hearing to all property owners within three hundred feet (300') of the boundaries of the area described in the petition. Such notice of public hearing shall also be published once a week for two (2) successive weeks in the official newspaper of the city, the last of which shall be not less than seven (7) days prior to the date of said hearing; provided, however, that in a proceeding as to the vacation of all or a portion of a cemetery plat where there has been no interment, or in the case of a cemetery being within three hundred feet (300') of another plat for which a vacation is sought, publication of the notice of hearing shall be the only required notice as to the property owners in the cemetery. When the procedures set forth herein have been fulfilled, the city council may grant the request to vacate with such restrictions as they deem necessary in the public interest. In the case of easements granted for gas, sewer, water, telephone, cable television, power, drainage, and slope purposes, public notice of intent to vacate is not required. Vacation of these easements shall occur upon the recording of the new or amended plat, provided that all affected easement holders have been notified by certified mail, return receipt requested, of the proposed vacation and have agreed to the same in writing. {I.C. § 50-1306A (1), (2), (3) and (5)1 4. Pursuant to Meridian City Code §§ 12-10-1 A and B and 12-10-2 A and B it provides as follows: 12-10-1 APPLICATION PROCEDURE: 1. Application: Any property owner desiring to vacate an existing subdivision, public right of way or easement shall complete and file an application with the Administrator. These provisions shall not apply to the widening of any street which is shown on this CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). VAC -05-004 - PAGE 2 Comprehensive Development Plan, or the dedication of streets, rights of way or easements to be shown on a recorded subdivision. 2. Administrator Action: Upon receipt of the completed application, the Administrator shall affix the date of application acceptance thereon. The Administrator shall place the application on the agenda for consideration at the next regular meeting of the Commission which is held not less than fifteen (15) days after said date of acceptance. 12-10-2 COMMISSION AND COUNCIL ACTION: 1. Commission Recommendation: The Commission shall review the request and all agency responses and make a recommendation to the Council for either an approval, conditional approval, or denial. I. Council Action: 1. Hearing; Notice: When considering an application for vacation procedures, the Council shall establish a date for a public hearing and give such public notice as required by law. The Council may approve, deny or modify the application. Whenever public rights-of-way or lands are vacated, the Council shall provide adjacent property owners with a quit -claim deed for the vacated rights of way in such proportions as are prescribed by taw. 2. Street Improvements; Bond: When considering an application for dedication procedures, the Council may approve, deny or modify the application. When a dedication is approved, the required street improvements shall be constructed or a bond furnished assuring the construction, prior to acceptance of the dedication. To complete the acceptance of any dedication of land, the owner shall furnish to the Council a deed describing and conveying such lands to be recorded with the County Recorder. 2. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (1.C. §67-6503). 3. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 4. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-17-9. 5. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 6. It is found public facilities and services required by the proposed development will not CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). VAC -05-004 - PAGE 3 impose expense upon the public if the condition(s) of approval included herein are imposed. 7. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. 8. The Applicant is requesting the vacation of the following existing recorded. easements described below: a. The utility easement on the common line of lots I & 3 and 3 & 4, Block 1 of Krispy Kreme Subdivision. 9. The Applicant is requesting the vacation of the easements so that owners may not be encumbered by non -utilized platted easements. 12. The applicant has provided proof of relinquishment of the easements by Cable One, Qwest Communications, Intermountain Gas Company, Idaho Power Company, and Settlers Irrigation District. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The petition requesting the vacation of the following existing recorded casements is hereby granted: a. The utility easement on the common line of lots I & 3 and 3 & 4, Block I of Krispy Kreme Subdivision. 2. The City Clerk shall cause a copy of this order to be served upon the affected utility holders, and the petitioner, Public Works, Planning and Zoning Departments, and the City Attorney's office. 3. The City Clerk shall cause a certified copy of this order to be recorded with the Ada County Recorders office. D. Notice of Final Action and Right to Regulatory Takings Analysis I . The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). VAC -05-004 - PAGE 4 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property Which .may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By act!pn of the City Council at its regular meeting held on the day of 2005. COUNCIL MEMBER SHAUN WARDLE VOTED—0�� COUNCIL MEMBER CHRISTINE DONNELL VOTED COUNCIL MEMBER CHARLIE ROUNTREE VOTED_0 COUNCIL MEMBER KEITH BIRD VOTED*!�— MAYOR TAMMY de WEERD VOTED (TIE BREAKER) and City Attorney. By' k Dated: - City Clerk's Office orks Department CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). VAC -05-004 - PAGE 5 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of a Request for Detailed Conditional Use Permit Approval for Seven (7) Office Buildings in the L -O Zone, by Larry Sundell Case No(s): CUP -05-017 For the City Council Hearing Date of: June 7, 2005 A. Findings of Fact 1. Hearing Facts a. A notice of a public hearing was published for two (2) consecutive weeks prior to the City Council public hearing, the first publication appearing and written notice mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property. The notice of public hearing before the City Council was posted upon the property under consideration more than one week before said hearing. All other noticing was done consistent with Idaho Code §67- 6509. The matter was duly considered by the City Council at the June 7, 2005, public hearing(s). The applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction. of the City of Meridian were given full opportunity to express comments and submit evidence. b. Written and oral testimony was received on this matter, as reflected in the records of the City Clerk (for written testimony) and in the official meeting minutes (for oral testimony). C. The Planning and Zoning Commission conducted a public hearing and issued a written recommendation on the subject matter to the City Council. d. The City Council heard and took oral and written testimony and duly considered the evidence and the record in this matter. 2. Process Facts a. There has been compliance with all notice and hearing requirements set forth in Idaho Code §67-6509, 6512, and Meridian City Code §§ 11-15-5 and I1-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. Application and Property Facts a. In addition to the application and property facts noted in the staff report and the Planning & Zoning Recommendation for the subject application(s), it is hereby CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP -05-017 -:PAGE I of verified that the property owner(s) of record at the time of issuance of these findings is Edge, LLC. 4. Required Findings per Zoning Ordinance a. See Exhibit D for the findings required for this application. B. Conclusions of Law I . The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67- 6503). 2. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning maps thereof The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-1.7-9. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed, 6. That the City has granted an order of approval in accordance with. this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description in Exhibit A, the Site Plan dated February 15, 2005 as shown in Exhibit B, and the Site Specific and Standard Conditions as shown in Exhibit C. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision. and Order Pursuant to the City Council's authority as provided in Meridian City Code § 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Site Plan as evidenced by having submitted the Site Plan dated February 15, 2005 is hereby conditionally approved; and, CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP -05-017 - PAGE 2 of 4 2. The Site Specific and Standard Conditions are as shown in Exhibit C. D. Notice of Applicable Time Limits I . Notice of Eighteen (18) Month Conditional Use Pennit Duration Please take notice that the conditional use permit shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the council. During this time, the permit holder must commence the use as permitted in accordance with the conditions of approval, satisfy the requirements set forth in the conditions of approval, acquire building permits and commence construction of permanent footings or structures on or in the ground. In this context "structures" shall include sewer and water lines, streets or building construction. The applicant has specified in the application and to the com>nission and council a construction schedule and completion date for the project. If the completion date specified for the project is exceeded, the conditional use application shall become null and void. However, the applicant may submit an application for a time extension on the project for city council review. The application for time extension shall be submitted at least thirty (30) days prior to the deadline for completion of the project. For projects requiring platting, the final plat must be recorded within this eighteen. (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one year from the original date of approval by the council. If the successive phases are not submitted within one year intervals, the conditional approval of the future phases shall be null and void. (MCC 11-17-4.B.) E. Notice of Final Action. and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and .must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Exhibits Exhibit A: Legal Description (Deed) Exhibit B: Approved Site Plan Exhibit C: Site Specific and Standard Conditions CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF .LAW AND DECISION & ORDER CASE NO(S). CUP -05-017 - PAGE 3 of 4 Exhibit D: Conditional Use Pen -nit Findings By action of the City Council at its regular meeting held on the I i -i' day of Ute_ , 2005. COUNCIL MEMBER SHAUN WARDLE VOTED COUNCIL MEMBER CHRISTINE DONNELL VOTED COUNCIL MEMBER CHARLIE ROUNTREE VOTED, COUNCIL MEMBER KEITH BIRD VOTED MAYOR TAMMY de WEERD VOTED (TIE BREAKER) Mayor Ta rn.. eerd Attest:, r William G. Berg, Jr., Ci CIerk BEAL Copy served upon Applicant, The Pla i artment, Public Works Department and City Attorney. By: Dated: City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP -05-017 - PAGE 4 of 4 EXHIBIT A Sagecrest North CUP CUP -05-017 Legal Description 'rda Fl!,N,,.: mij,S,�pj WT 1ANT'Y DEED IA']li 1'A LGM, I114l;lilL'h;ll SAGu RLsr D11YUPINUNT, L L V, le )d.m,> Lnm d I i, uul CJm r:a[y. CRAA"It}u(x), JJu,(d')11r[.�ny GRANT, UAIW AIN. %t LL -j Conv,:r J,a,,: W9,' Ll,t;, an Id,uia F.lnlnl S LiA,1.Iy CJlll;xany GRANi'[:f:�[sl. xlulsc.nt[unl u.weeas u: 1'0 l,ea 349 ,hkrhliao. ll} tll643 We fa11Jw[ns du.td�J real ptul,¢ny in AJn C.,mey. SNte nF,Jxlw, ,turc Fav,hl.l:uly JvxribN as fdLsu�, lu wlr. lots 1 U:ru V, uxlusrve,'AND l.uuSa U;re Sv, Ir 1.11 a In IIIUVk I al SAti ECICI!y'l'SVRDIVI5tf3N, x'w rdw9 tvlbc ulhcial PIA q"—f, fdcd is Baal, w of 1'la., a "gnf !W X! lelm 14141, 11-6 ul Ada Cnunly, Idahp I ITJ If AVE AND 7V 1101.1) Zile _1yru_. _y 01, P1,unrna _ uary C'saN Gtamea(t}, araF Cnn[e.Ss7 ha'vx anJ assigns farcy Y: AM WQ fail GnMur[s}Juts(@s) herby wycnanl IJ Md wi,h Ulc uui Gsuuee(f,. Uta: L'n,hwr(s) [sfa,s dw aw,�erls) us (w s' vb or-ev prcmhaa. Ural sail prerifca uc Ira rrv[u a:l c+curu6ranr<s, li%Ci;F°i'dxlsQw wltick 0[u suarryal:cc a eelsmss'ly illble suhjm lJ ihna awd<, mReresi ei duue lry du G—W(l): and sublQsq lu rgervalwlu, rglnct — dodica[iue; e+xmaau, fish., JI way auJ agreemenu,lil i; ly) o(srnlud. and grneral saau wj useuenu plulun6[gunsa[wa -1 '1114Y mseemeents, if'L,)for Pa cvrcxnt ) W r. lyhlsit arQ avl )tl der and luyablt, sad Uul Gra `O(s) will wura,N aW JIRW the =1 f mn ill Lwful ulaua3 wbauener. D—R January IR, 3405 ) �j Sagsrrnr De.rlulxnwis LIA' b)1,lws U r(unemulgL; 111rmber ay' Dirt Alarsv[[I, Dlemb.r � STATE OF Wahu , Coun[y ul Ade a) On this WY oI in llq Vear at �d05, buluro lea. Ino uWetslyrryap. a No"', W m antl fur nahl Slafu, varauruay armuar.J altuwn or e iv mon Ile ponoA whnae lulue fu4rcrib r, the ro len wlii' n fit, anu ae4„owledgeJ to me lh]5 a the fantaTa SldnanK C3idahl al'. hty conunpelon ga;riroa Lawyers Title Insurance Corporation EXHIBIT B Sagecrest North CUP CUP -05-017 Approved Site Plan r-- ` �� F ' F i f ' r f C1G�pE_1 C SUNDEELL xs. nox as9 1%ARC H[TE CTU RE 1dFflPl3lgil. til1J X3916. EXHIBIT C Sagecrest North CUP CUP -05-01.7 Site Specific and Standard Conditions SITE SPECIFIC CONDITIONS CONDITIONAL USE I. The site plan prepared by Sundell Architecture, dated 2-15-05, is approved with the conditions listed herein. All applicable conditions of previously approved. development agreements, Preliminary Plats, Final Plats, and CUP applications shall also be considered conditions of the subject Conditional Use Permit (CUP - 05 -017). 2. The minimum building setbacks for this development shall be according to the City minimums for the L -O zone. As previously required, a minimum 20 -foot wide building setback shall be maintained to the south property line of all office buildings (rear) on Lots 5 - 9, Block 1. 3. Prior to issuance of a Certificate of Zoning Compliance (CZC) permit for any structure on Lot 5, 6, 7, 8, 54, 55, 57, 58, or 9, Block 1, the applicant shall either reduce the number of buildable lots on the south side of the project to three OR propose buildings that meet the minimum building setbacks of the L -O zone. 4. Construction of office buildings on this site shall substantially comply with the elevations on file with the City, prepared by Sundell Architecture, dated 2-15-05. Construction materials used on the structures shall be approved by City of Meridian Building Department and be in accordance with the most recent Building Code. If any significant modification(s) to the approved architectural design features and/or materials, as determined by the Planning Director, are requested for building(s) in the future, the property owner shall be required to submit a CUP modification. 5. The submitted landscape plan prepared by Brooks Design Group, labeled LI, and dated 2-10-05, complies with the previously approved applications for this site and current City Code and is approved as submitted. As required with the previous CUP application on this site (CUP -03-057), landscaping shall be installed between the south property line and the rear of the buildings on Lots 5 — 9, Block 1, as proposed. 6. Coordinate the location and design of trash dumpster(s) with Sanitary Services Company (SSC) staff. Trash enclosures must be built in the location and to the size approved by SSC. Prior to Certificate of Zoning Compliance (CZC) submittal, the applicant shall submit an approved plan by SSC, for the proposed trash enclosure location and design. All dumpster(s) must be screened in accordance with MCC 11-12-1.C. 7. Construct a monument sign near Overland. Road so addresses for the buildings within this project are visible from the street. Please contact Joe Silva (888-1234) to coordinate the location and design of the monument sign. No other signs are approved with this CUP. All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. 8. The driveway at the entrance to the development shall be marked no parking fire lane in accordance with Appendix D Section D103.6 Signs. GENERAL CONDITIONS 1. Down -shield or otherwise alter all exterior lighting, whether attached to the building or located within the parking area, so that the light does not spill over onto adjacent properties or rights-of-way. All parking lot lighting shall be in accordance with Ordinance 11-14-4.C. 2. All building and site improvement construction shall conform to the requirements of the Americans with Disabilities Act. 3. Submit a drainage plan designed by a State of Idaho licensed architect or engineer to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Stormwater treatment and disposal must be designed in accordance with Department of Enviromnental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into a surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 4. No building or other structure shall be erected, moved, added to or structurally altered, nor shall any building structure or land be established or change in use on this site without first obtaining a Certificate of Zoning Compliance (CZC) from the Meridian Planning and Zoning Department (MCC 11-19-1). 5. A building permit shall be obtained prior to the start of construction. 6. Applicant shall be responsible for application and compliance with any NPDES Permitting that may be required by the Environmental Protection Agency. 7. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 8. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 9. All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the forrn of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. Any temporary occupancy will not exceed 60 days to complete the required improvements. 10. This Conditional Use Permit shall be valid for a maximum period. of 18 months. If construction on the first phase/building has not begun within this timeframe, a new Conditional Use Permit must be obtained prior to the start of development. 11. As part of a Conditional Use Permit, the City of Meridian may impose additional restrictions/conditions. Other Agency/Department Comments & Conditions SANITARY SERVICES COMPANY (SSC) I . Waste enclosure locations: There is a concern that the enclosures are not located to minimize service vehicle backing -up requirements. Large waste vehicles have blind spots when backing up is required. 98% of waste vehicle accidents occur when backing -up. Please contact Bill Gregory at SSC (888-3999) to discuss this matter prior to the next public hearing. 2. Please contact Bill Gregory at SSC (888-3999) for detailed review of your proposal and submitted stamped (approved) plans with your Certificate of Zoning Compliance (CZC) application(s). MERIDIAN FIRE DEPARTMENT 1. Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. Final Approval of the fire hydrant locations shall. be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 ''/z" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on It. C. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e. Fire Hydrants shall be placed on corners when spacing permits. f Fire hydrants shall not have any vertical obstructions to outlets within 10'. g. Fire hydrants shall be place 18" above finish grade. h. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. 3. All entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius. 4. Provide a 20' wide Fire Lane for all internal roadways. The roadway at the entrance to the development shall be marked no parking in accordance with Appendix D Section D103.6 Signs. 5. Fire lanes and streets shall have a vertical clearance of 13'6". This includes mature landscaping. 6. Commercial and office occupancies will require a fire -flow consistent with the International Fire Code to service the proposed project. Fire .hydrants shall be placed per Appendix D. 7. The 7 office/commercial lots lot will have an unknown transient population and will have an unknown impact on Meridian Fire Department call volumes. The Meridian Fire Department has experienced 2397 responses in the year 2003. According to a report completed by Fire & Emergency Services Consulting Group our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010. 8. Maintain a separation of 5' from the building to the duinpster enclosure. 9. Provide a Knoxbox entry system for the complex prior to occupancy. 10. The first digit of the Apartment/Office Suite shall correspond to the floor level. 11. The Fire Department has concerns about the ability to find the buildings within this office complex and the multi -family units to the south. Therefore, the Fire Department requires a monument sign be constructed near Overland Road so addresses for the project are visible from the street. The applicant shall work with Joe Silva (888-1234) to provide an address identification. plan including a pylon/monument sign at the required intersection. 12. Provide exterior egress lighting as required by the International Building & Fire Codes. 13. Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 rn). NAMPA & MERIDIAN IRRIGATION DISTRICT 1. Nampa & Meridian Irrigation District requires that a Land Use Change Application be filed at the time this proposed property is developed. 2. The District has two Iaterals; Hunter Lateral with an easement of forty-feet (40') , twenty-feet (20') each side, as well as the Cook Lateral with an easement of thirty-feet (30'), fifteen-feet (15') each side, with easements that must be protected. Any encroachment :must have a signed License Agreement in place prior to any construction. 3. The District's Cook Lateral and pump station all may be impacted by this project. These facilities must be protected. CENTRAL DISTRICT HEALTH DEPARTMENT I . Run -off is not to create a mosquito breeding problem. 2. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 3. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stonnwater disposal and design a. stormwater management system that prevents groundwater and surface water degradation. ADA COUNTY HIGHWAY DISTRICT I. On October 21, 2003, the Ada County Highway District Commission acted on Sagecrest Subdivision (Maverick Subdivision/MPP-03-030/MCUP-03-045). The Conditions and Requirements also apply to MCUP-05-017. 2. A traffic impact fee will be assessed by ACHD and will be due prior to the issuance of a building permit. Contact ACRD Planning & Development Services at 387-6170 for information regarding impact fees. 3. You will need to submit final plans to the ACHD Development Review Department prior to receiving final approval. EXHIBIT D Westmark Credit Union. CUP -05-003 Conditional Use Permit Findings The Commission and. Council shall review the particular facts and circumstances of each proposed conditional use in terms of the following, and may approve a conditional use permit if they shall find evidence presented at the hearing(s) is adequate to establish (I 1- 17-3): A. That the site is large enough to accommodate the proposed use and all yards, open spaces, parking, landscaping and other features as may be required by this ordinance; The submitted site plan depicts 105 on-site parking stalls. MCC 11-13-5.B.2 requires office uses to provide one on-site parking space for every 400 square -feet of building (gross). Per this requirement, the applicant would be required to provide 52 parking stalls (20,566 s.f building/400 = 52 stalls) on the property. MCC 1 I -13-3.A requires off-street parking facilities to be designed with appropriate means of vehicular access to a street or alley, in a manner which will least interfere with traffic movement. MCC 11-13-4.13 requires all off-street parking areas to be paved. MCC 11-13-3 requires parking spaces to be within 300 -feet of the use served. MCC 1143-4Y requires 90 -degree parking stalls to be 9 -feet wide and 19 -feet long with a 25 -foot wide drive aisle. City Council finds that the applicant has shown enough parking to accommodate the proposed office uses, and in fact the parking area has already been constructed. With the approval of Sagecrest Subdivision, 5 buildable lots were platted west of the access drive, on the southern boundary of this site. The applicant is proposing to construct buildings A, A-1, C, D and E across the 5 platted lot lines. Therefore, these buildings do not meet the 5 -foot (per story) side setback requirements of the L -O zone. The applicant should either be required to construct buildings on Lots 5, 6, 7, 8, 9, 54, 55, 57, and 58 Block 1, that conform to the established building setbacks of the L -O zone, OR file a preliminary/final plat application to remove the platted lot lines. Except for side building setbacks for buildings A, A-1, C, D and E the proposed setbacks appear to be in accordance with the City established. minimums for the L -O zone and/or as previously approved. CUP -03-057 required a 20 -foot wide landscape buffer to be constructed entirely on the office lots, as a buffer between the adjacent residential use. Therefore, a 20 -foot wide landscape buffer and building setback should be constructed along the southern (rear) property lines of the subject office building lots, as proposed. See Site Specific Condition #2 below for required building setbacks. The developer of Resolution Subdivision installed the required landscaping adjacent to Overland Road, and that landscaping currently exists adjacent to this site. The applicant is proposing to provide additional landscaping along the perimeter and within the parking areas. City Council finds that the site is large enough to accommodate the proposed uses and all yards (setbacks), open spaces, parking, landscaping and other features required by ordinance. B. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; This site is currently designated as "High Density Residential" on the Comprehensive Plan Future Land Use Map and zoned L -O. With the approval of the Resolution development and subsequent Maverick development, the City has allowed office uses on this site. City Council finds that if the applicant complies with the conditions included in this report, the building configurations and overall design of the development would be in general conformance with the City of Meridian Comprehensive Plan and will be in general conformance with the requirements of the Zoning Ordinance. Except for the number of office buildings proposed, City Council also finds that the submitted development plan is generally consistent with the recorded zoning resolution, development agreement, and previous development approvals granted by the City for this site. C. That the design, construction, operation, and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area; City Council finds that the proposed office buildings should be compatible with other uses in the neighborhood and with the intended character of the general vicinity, which includes a mix of residential, commercial, office, and school uses. D. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; City Council does not anticipate that the proposed use will have an adverse affect on other property in the vicinity if designed, constructed, operated and maintained. in accordance with the Site Specific and. General Conditions of approval. E. That the proposed use will be served adequately by essential public facilities and services such as highways, street, 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; The City of Meridian Fire and Police Departments currently monitor, service, and protect the subject neighborhood. Sanitary Services Company currently provides refuse service to the site and surrounding properties. City sewer and water currently service the site. On April S, 2005, a joint agency/department comments meeting was held with representatives of key service providers to this property. All of the detailed conditions from the Meridian Fire Department, and other agencies/departments are at the end of this report. The Commission and Council should reference any written or verbal testimony submitted by the Meridian Police Department, the Meridian Fire Department, the Meridian Parks Department, and any other agency providing service to this site, regarding their ability to adequately service this project. City Council finds that the subject property can be served adequately by all essential public facilities and City services. F. That the proposed use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; Sanitary sewer and water service was provided to this site with the approval of Sagecrest Subdivision. If approved, the developer will be required to finance the extension of any required sewer, water, utilities and pressurized irrigation to serve the project. The primary public costs to serve the site will be fire and police services. City Council finds there will not be excessive additional requirements at public cost and that the proposed use will not be detrimental to the community's economic welfare. G. That the proposed use will not involve activities or processes, materials, equipment, and conditions of operation that will be detrimental to any persons, property, or general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; The proposed office uses are similar to the existing office uses to the east of the site. City Council does not anticipate that the proposed office uses will be detrimental to the general welfare of the community by means of producing excessive traffic, noise, smoke, fumes, glare or odors generated by the proposed uses. H. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; The applicant is not proposing to construct any new vehicular approaches into/out of the property. The applicant is proposing to utilize the existing access point to Overland Road. ACRD considers vehicular approaches in their analysis of projects and has previously approved the access point for this project. The existing drive to Overland Road serves both the office uses on. Overland Road and the multi -family to the south. City Council finds that the proposed uses and associated approach will not create interference with any traffic on the surrounding public streets. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. City Council is not aware of any natural, scenic or historic features in the general vicinity of this project. City Council finds that no site improvements associated with the Conditional Use Permit application should damage natural, scenic or historic features in the area. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of a Request for a Conditional Use Permit for a two buildings on one lot in an I -L Zone, by Ferguson Enterprises, Inc. Case No(s). CUP -05-016 For the City Council Hearing Date of: June 7, 2005 A. Findings of Fact 1. Hearing Facts a. A notice of a public hearing was published for two (2) consecutive weeks prior to the City Council public hearing, the first publication appearing and written notice mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property. The notice of public hearing before the City Council was posted upon the property under consideration more than one week before said hearing. All other noticing was done consistent with Idaho Code §67- 6509. The matter was duly considered by the City Council at the June 7, 2005, public hearing(s). The applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian were given full opportunity to express comments and submit evidence. b. Written and oral testimony was received on this matter, as reflected in the records of the City Clerk (for written testimony) and in the official meeting minutes (for oral testimony). C. The Planning and Zoning Commission conducted a public hearing and issued a written recommendation for approval to the City Council. d. The City Council heard and took oral and written testimony and duly considered the evidence and the record in this matter. Process Facts a. There has been compliance with all notice and hearing requirements set forth in Idaho Code §67-6509, 6512, and Meridian City Code §§ 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. Application and Property Facts a. In addition to the application and property facts noted in the staff report and the Planning & Zoning Recommendation for the subject application(s), it is hereby CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S).CUP-05-016 -PAGE I of 4 verified that the property owner(s) of record at the time of issuance of these findings is Ferguson Enterprises, Inc. 4. Required Findings per Zoning and Subdivision Ordinance a. See Exhibit D for the findings required for the application. B. Conclusions of Law I . The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67- 6503). 2. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and. Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-17-9. 4. Due consideration has been given to the comment(s) received from the governinental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. .That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. 7. .That this approval is subject to the Legal. Description in Exhibit A, the Site Plan dated March 2004 as shown in Exhibit B and the Conditions of Approval in Exhibit C. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's CUP Site Plan is hereby conditionally approved; and 2. The site specific and standard conditions of approval are as shown in Exhibit C. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND.DECISION & ORDER CASE NO(S).CUP-05-016 - PAGE 2 of 4 D. Notice of Applicable Time Limits 1. Notice of Eighteen (18) Month Conditional Use Permit Duration Tease take notice that the conditional use permit shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the council. During this time, the pen -nit holder must commence the use as permitted in accordance with the conditions of approval, satisfy the requirements set forth in the conditions of approval, acquire building permits and commence construction of permanent footings or structures on or in the ground. In this context "structures" shall include sewer and water lines, streets or building construction. The applicant has specified in the application and to the commission and council a construction schedule and completion date for the project. If the completion date specified for the project is exceeded, the conditional use application shall become null and void. However, the applicant may submit an application for a time extension on the project for city council review. The application for time extension shall be submitted at least thirty (30) days prior to the deadline for completion of the project. For projects requiring platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one year from the original date of approval by the council. If the successive phases are not submitted within one year intervals, the conditional approval of the future phases shall be null and void. (MCC 11-17-4.B.) E. Notice of Final Action and Right to Regulatory Takings Analysis I. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Exhibits Exhibit A: Legal Description Exhibit B: Approved Site Plan March 2004 Exhibit C. Final Conditions of Approval Exhibit D: Conditional Use Permit Findings CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S).CUP-05-016 - PAGE 3 of 4 By, action of the City Council at its regular meeting held. on. the da of J UAC, 2005. y COUNCIL MEMBER SHAUN WARDLE VOTED COUNCIL MEMBER CHRISTINE DONNELL VOTED COUNCIL MEMBER CHARLIE ROUNTREE VOTED COUNCIL MEMBER KEITH BIRD VOTED i 11 (al MAYOR TAMMY de WEERD VOTED - (TIE BREAKER) �Vjsti Attest: WN SEAL William G. Berg, Jr., Cit ler Copy served upon Applicant, The Plannin artment, Public Works Department and City Attorney. By' Dated: - �— ity CIerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S).CUP-05-016 - PAGE 4 of 4 EXHIBIT A Ferguson CUP -05-016 Legal Description ru set -d 1-� �a� 1 b rnuu�tsn qty Erc [ ca r -ftr VAGAI. DESCRIPTION (cont d) 1 EXHIBIT 'A" A parcel of land being a portion of the Northwest quarter of the Southwest quarter of Section 8, Township 3 North, Range 1 East. Boise Meridian, Ada County, Idaho and more particularly described as follows; Beginning at a brass cap marking the Northwest corner of the Southwest quarter of Section 8, Township 3 North, Range 'I East, Boise Meridian, Meridian, Ada County, Idaho; thence along the Westerly boundary of the said Southwest quarter of Section 8 South 00126'40" West 671.17 feet to an iron pin, said iron pin teeing the REAL POINT OF BEGINNING; thence continuing along the Westerly boundary of the Southwest quarter at said Section 8 South 00'26'40" West 550.10 feet to an iron pin, said iron pin marking a point on the Northerly right-of-way of the U.P.R.R. (Oregon Shortline); thence feaving said Westerly boundary of the said Southwest quarter of Section 8, and along the Northerly right-of-way of the said U.P. R.R. (Oregon Shoreline) South 88'30'00" East 662.01 feet to an iron pin, said Iron pin marking the Easterly boundary of the West half of the Northwest quarter of the Southwest quarter of said Section 0; thence leaving said Northerly right-of-way of U.P.R.R. (Oregon Sh"ne) and afong the Easterly boundary of the West half of the Northwest quarter of the Southwest quarter of said Section 8 North 0`27'51" East 550.10 feet to an iron Erin; thence leaving said Easterly boundary of the West half of the Northwest quarter of the Southwest quarter of said Section 8 North 8813900" West 662,22 feet to the POINT" OF BEGINNING. EXHIBIT B Ferguson CUP -05-016 Approved Site Plan NV18 31iS r. =yrs ��.. ww: xx �• mavu ns CM a', Onzah� a=nivx .. im8i,4 iS(1^�.��-'jgN[ us NOS ��If '�Nt `s,[Ni.L7{�sNti� Ags2Fns 'ttnia 5351adtl31N3 Nosn2dj Ni � a i ._ ..-'-�T^�"ren•'-. _r. i EXHIBIT C Ferguson CUP -05-01.6 Conditional Use Permit Conditions of Approval SITE SPECIFIC CONDITIONS OF APPROVAL I. The applicant shall provide a second site amenity which complies with MCC 12- 6-2(A)(3). Staff recommends that a seating area for employee and customer use would be an appropriate amenity for the site. 2. Applicant shall submit all updated groundwater/soils monitoring data to the Public Works Department for review. Any drainage areas (detention/retention basins) must be designed to ensure that water is retained only during 100 -year storm events, and for a period of time not to exceed 24 hours. Side slopes within drainage areas shall not exceed 3:1. Any portion of a drainage area not improved with sod/grass seed (or other approved landscaping) shall not count towards the required open space area. The project engineer should pay close attention to the results of field studies determining the groundwater, soil type & and characteristics during the design and construction phases 3. Sanitary sewer service to this site is being proposed via an extension from N. Nola Road. The applicant shall be responsible to construct sewer rains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. Cover over sanitary sewer mains shall be no less than 3 -feet from finish grade to the top of the pipe. if cover is less than 3 -feet from the sub - grade to the top of pipe, alternate pipe materials shall be used per the Meridian Public Works Department's Standard Specifications. 4. Water service to this site is being proposed via an extension of water mains located in N. Nola Road and E. Commercial Avenue. The applicant shall construct water mains to and through this proposed development. Coordinate size and routing with Public Works. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. STANDARD CONDITIONS OF APPROVAL 1. This conditional use permit shall be subject to the expiration provisions set forth in MCC 11-17-4.B. 2. The project layout shall remain in substantial compliance with the approved site plans. Parking is approved as depicted on the site plans. Minor modifications can be made, if necessary, during the CZC process as long as the overall parking ratios remain in conformance with the Meridian City Code. All surface parking shall conform to the minimum dimensions per ordinance of 9' x 1.9' with 25' wide drive aisles. 3. All exterior lighting, whether attached to the building or located within the parking lot, shall be down -shielded or otherwise altered so that the light does not spill over onto adjacent properties or right-of-way. All parking lot lighting shall be in accordance with Ordinance I 1-13-4C. 4. All signage shall be in. accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. No signs are specifically approved with this Conditional Use Permit. All signage shall require separate permits. 5. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act and the adopted building and fire codes. 6. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall. be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian. standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 7. Certificate of Occupancy: All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. 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 paving, striping, Landscaping, and irrigation). A bid must accompany arty request for temporary occupancy. 8. Meridian City Code requires that this site be served with an automatic underground irrigation system. Use of non -potable irrigation water is required when determined to be available by the City Public Works Department as regulated by City Ordinance 9-1-28. 9. Sanitary sewer and water service shall be from the city of Meridian's existing systems adjacent to the site. Upgrading of existing service lines may be necessary to provide a level of service different from a residential use. 10. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. 11. Applicant shall be responsible for application and compliance with any NPDES Permitting that may be required by the Environmental Protection Agency. 12. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 13. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 14. Applicant's engineer shall 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. 15. All parking and drive aisles shall be paved for all uses, in compliance with the submitted plans. Handicap parking spaces shall be signed and striped in compliance with Federal accessibility guidelines. FIRE DEPARTMENT COMMENT: 1. Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %2" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant Iocation. e. Fire Hydrants shall be placed on corners when spacing permits. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. g. Fire hydrants shall be place 18" above finish grade. h. Fire hydrants shall be provided to meet the requirements of the TFC Section 509.5. 3. All entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius. 4. Provide a 20' wide Fire Lane for all internal roadways all roadways shall be marked in accordance with Appendix D Section D 103.6 Signs. 5. Operational fire hydrants, temporary or pennanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 6. Commercial and office occupancies will require a fire -flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 7. The 1 office/commercial lots lot will have an unknown transient population and will have an unknown impact on Meridian Fire Department call volumes. The Meridian Fire Department has experienced 2397 responses in the year 2003. According to a report completed by Fire & Emergency Services Consulting Group our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010. 8. Maintain a separation of 5' from the building to the dumpster enclosure. 9. Provide a Knoxbox entry system for the complex prior to occupancy. 10. The Fire Dept. has concerns about the ability to address the project and have the addresses visible from the street which the project is addressed off of Please contact Joe Silva (888-1234) to address this concern prior to the public hearing. 11. All aspects of the building systems (including exiting systems), processes & storage practices shall be required to comply with the International Fire Code. 12. Provide exterior egress lighting as required by the International Building & Fire Codes. 13. Where a portion of the facility or building hereafter constructed or moved into or witlun the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 rn). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 14. There shall be a fire hydrant within 100' of all fire department connections. 15. This project will be required to provide a 20' wide swing or rolling emergency access gate. The gate shall be equipped with a Knoxbox Padlock which has to be ordered thru the Meridian Fire Department. PARKS DEPARTMENT COMMENT: 1. The Parks Department has no concerns with the site design as submitted with the application. SANITARY SERVICES CORP. COMMENT: 1. Please contact Bill Gregory at SSC (888-3999) for detailed review of your proposal and submit stamped (approved) plans with your certificate of zoning compliance application. EXHIBIT D Ferguson CUP -05-016 Required Conditional Use Permit Findings STANDARDS FOR CONDITIONAL USES The Commission and Council shall review the particular facts and circumstances of each proposed conditional use in terms of the following, and may approve a conditional use permit if they shall find evidence presented at the hearing(s) is adequate to establish (11-17-3): A. That the site is large enough to accommodate the proposed use and all yards, open spaces, parking, landscaping and other features as may be required by this ordinance; City Council finds that the subject property is large enough to accommodate the requested use and all other required features as noted above, subject to the comments outlined below. Parkin : The submitted plan depicts seventy-two (72) on-site parking stalls. MCC 11-13- 5(B)(4) requires warehousing/wholesale facilities to provide parking at the rate of one (1) space per one -thousand (1000) square feet of floor area, plus one (1) for each vehicle used in the business. The proposed 36,240 square foot and 20,640 square foot building require a total of fifty-seven (57) parking spaces. Landscaping_ The applicant has proposed a twenty-five foot (25') landscape buffer along the future Locust Grove Road extension with nineteen (19) street trees, which exceeds the minimum required. The applicant has proposed a ten foot (10') landscape buffer along N. Nola Road with sixteen (16), which meets the minimum required. The applicant has also provided internal landscape planters within the parking lot which meet the requirements of Meridian City Code. The applicant has also proposed approximately 34,550 square feet of landscaped open space above and beyond the required buffers along Locust Grove Road and the north and south property lines. MCC 12-6-2 (Amenities) requires that ten percent (10%) of the gross area shall be landscaped open space for consideration as a required PD amenity. The applicant's proposal contains approximately 10.5% landscaped open space, which qualifies for inclusion as one of the two required amenities for the Planned Development. B. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; The current Comprehensive Plan Land Use Map designates the property as "Industrial". Staff finds that the proposed retail uses are harmonious with and in accordance with the Comprehensive Plan. The proposal is a Planned Development to allow more than one (1) building on a single lot. The PIanned Development provisions require that at least two (2) approved amenities are included on the site, and the applicant has included one (1), which is the landscaped open space of at least ten percent (10%). City Council feels that the applicant should provide a second amenity in order to meet the requirements of the Planned Development section of the MCC, and an appropriate amenity would be a seating area for use by employees and. customers. See Site Specific Condition #1 below. C. That the design, construction, operation, and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area; The Comprehensive Plan shows that the future intended land use of the area is Industrial and the property is zoned 1-L (Light Industrial). The property is surrounded by lands zoned I -L which contain similar uses to the one proposed. Therefore, City Council finds that the proposed development will not adversely change the existing or intended character of the general vicinity. Please see itein D for comments regarding the impact to other property in the area. D. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; City Council does not anticipate that the use, in the configuration proposed, will adversely affect adjacent properties in the area. The development is surrounded by lands zoned I -L and existing light industrial businesses, and this project will be compatible with the other properties in the area. E. That the proposed use will be served adequately by essential public facilities and services such as highways, street, 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; City Council finds that the proposed development can be adequately served by the essential public facilities and services listed above. Trash enclosures have been provided on-site for refuse disposal. Sewer is available to this project in N.Nola Road. Water is available in N. Nola Road to the East of the project, and E. Commercial Avenue to the west of the project. F. That the proposed use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; City Council finds that the proposed development will not be detrimental to the economic welfare of the community, nor would it create the need for any new facilities or services to be paid for by the public. All required improvements, including landscaping, paving, parking, installation of services and roads, etc. will be paid for by the developer. The primary public costs to serve the project will be for fire and police services. G. That the proposed use will not involve activities or processes, materials, equipment, and conditions of operation that will be detrimental to any persons, property, or general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; City Council finds that no excessive traffic, smoke, fumes, glare or odors should result from the proposed retail use. H. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; City Council finds that the proposed use will not create significant interference with any traffic on the surrounding public streets. 1. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. City Council does not find that any natural or scenic feature will be lost, damaged or destroyed by issuance of this conditional use. BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF PRIMELAND DEVELOPMENT, LLP FOR FINAL PLAT APPROVAL FOR 43 SINGLE- FAMILY RESIDENTIAL BUILDING LOTS, I SCHOOL LOT, 3 OFFICE LOTS, AND 6 COMMON LOTS ON 34.79 ACRES IN R-4 ZONE LOCATED SOUTH OF MCMILLAN ROAD AND EAST OF TEN MILE ROAD IN THE NE V OF T. 4N. R. 1W., SECTION 35 CIC June 7, 2005 CASE NO. FP -05-034 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Meridian. City Code § 12-3-7 on June 7, 2005, and the Council finding that the Administrative Review is complete from Sonya Allen, Assistant City Planner for the Planning and Zoning Department, and Michael Cole, Development Services Coordinator for the Public Works Department, dated.: Hearing Date: June 7, 2005, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of "PLAT SHOWING BRIDGETOWER CROSSING SUBDIVISION NO. 12 LOCATED IN THE NE % OF T. 4N., R. 1W., SECTION 35, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2005, HANDWRITTEN ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BRIDGETOWER CROSSING SUBDIVISION NO. 12 / (FP -05-034) Pagel of 3 DATE: 04121105, SHEET I OF 3, ENGINEERING SOLUTIONS, LLP", PRIMELAND DEVELOPMENT, LLP, Developer, is Conditionally Approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Sonya Allen, Assistant City Planner for the Planning and. Zoning Department and Michael Cole, Development Services Coordinator for the Public Works Department, dated: Hearing Date: June 7, 2005, listing 15 SITE SPECIFIC REQUIREMENTS/FINAL PLAT and 16 GENERAL REQUIREMENTS, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of 5 pages, and by this reference incorporated herein, and the response letter from Engineering Solutions, LLP, a true and correct copy of which is attached hereto marked Exhibit "B" and consisting of 3 pages, and by this reference incorporated herein. 2. The final plat upon which there is contained the Certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 1. The Plat dimensions are approved by the City Engineer; and 2. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BRIDGETOWER CROSSING SUBDIVISION NO. 12 / (FP -05-034) Page 2 of 3 The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which. a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which maybe adversely affected by this decision may, within twenty-eight (28) days after the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the -Ifk day of Tun , 2005. By: ,¢;,.Ta y de eer . ayor, Cit Meridian Attest: BEAL William G. Berg, Jr., C' y Clerk Copy served upon Applicant, the PI a department, Public Works Department, and City Attorney. i� By' _ Dated: U-, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BRIDGETOWER CROSSING SUBDIVISION NO. 12 / (FP -05-034) Page 3 of 3 fF, � MAYORr PUBLIC WORKS Ta,rony de Weerd CITY of BUILDING DEPARTMENT CI'T'Y COUNCIL MEMBERS T` µ{Vi � (208) 898-5500 - Fax (208)898-9551 Keith Bird PLANNING AND ZONING Christine Donnell IDAHO � DEPARTMENT Charles M. Rountree Shaun Ward % (208) 884-5533 • FAX 888-6854 fY'-` �F , tirF,f� o a> us I�ftk:r�SLfRi`, V• �-? spier ti903 STAFF REPORT: Hearing Date: rune 7, 2005 Transmittal Date: June 2, 2005 To: Mayor & City Council From: Sonya Allen, Assistant City Planner Michael Cole, Development Services Coordinator Re: Bridgetower Crossing Subdivision No. 12 Request for a Final Plat Approval of Bridgetower Crossing Subdivision No. 12 Consisting of Forty-three (43) Single-family Residential Building Lots, One (1) School Lot, Three (3) Commercial Office Lots and Six (6) Common Lots on 34.79 Acres in an R-4 Zone by Primeland Development, LLP (File## FP -05-034) We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY & LOCATION The applicant, Primeland Development, LLP, has applied for final plat approval of the twelfth phase of Bridgetower Crossing Subdivision. This phase includes 43 single-family residential building lots, 1 school lot, 3 commercial office lots, and 6 common lots on 34.79 acres. This phase is located on the southwest corner of W. McMillan Road and N. Linder Road, in the NE 1/ of Section 35, TAN., R.I.W. The subdivision is located in an R-4 zone and has been approved as a planned development. The minimum house size within the subdivision is 1,400 square feet, excluding the garage. The Preliminary Plat was approved under the name of Bridgetower Crossing East Subdivision. The approved Planned Development (CUP) allowed for increased block lengths and a reduction in street frontage to 69 -Feet for single family residential lots in this subdivision. The common area lots within the subdivision consist of Landscape, open space, and drainage lots, and will be maintained by the Bridgetower Crossing Homeowners Association. The pressurized. irrigation system within this development is to be owned and maintained by the Bridgetower Crossing and Verona Homeowners Associations. FP -05-034 Exhibit "A" Bridgetower Crossing Sub[2 FP.doe Mayor & City Council Hearing Date: June 7, 2005 Page 2 The proposed final plat substantially complies with the approved preliminary plat. Staff recommends approval of Bridgetower Crossing Subdivision No. 12 with the comments and conditions stated in this report. SITE SPECIFIC REOUIREMENTS 1. Applicant is to meet all terms of the approved Preliminary Plat (PP -02-014), Conditional Use Permit (CUP -01-006) and Development Agreement (Inst. No. 101117652). 2. The Developer shall be responsible for payment of water assessment fees for any common areas proposing to use City water as a backup irrigation source. Applicant has indicated the Creason Lateral will be used as the primary source, with. Five Mile Creek providing the backup source of water. 3. Sanitary sewer service to this site is being proposed via sewer mains installed in previous phases of this development. The applicant shall be responsible to construct sewer mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. Cover over sanitary sewer mains shall be no less than 3 -feet from finish grade to the top of the pipe. If cover is less than 3 -feet from the sub -grade to the top of pipe, alternate pipe materials shall be used per the Meridian Public Works Department's Standard Specifications. 4. Water service to this site is being proposed via existing mains installed in previous phases of this development. The applicant shall be responsible to construct water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Applicant shall execute City of Meridian standard forrns of easements, for any mains that are required to provide service. 5. Underground pressurized irrigation must be provided to all landscape areas on site. Applicant has indicated that the pressurized irrigation system within this development is to be owned and maintained by the Homeowner's Association. Since the system is being proposed as a private system, plans and specifications for the irrigation system shall be reviewed by the Public Works Department as part of the development plan review process. A draft copy of the pressurized irrigation system O&M manual must be submitted prior to plan approval. 6. Sand in the bottom of drainage basins is allowed per the approved "Sand Bottom Maintenance Guide" for Bridgetower Crossing Subdivision. 7. All fencing shall be in compliance with MCC 12-4-10. 8. Fencing along micropaths shall be consistent with existing micropath fencing approved in previous phases of Bridgetower Crossing Subdivision. FP -05-034 Exhibit "A" Bridgetower Crossing Sub 12 FP.doc Mayor & City Council Hearing Date: June 7, 2005 Page 3 9. The Landscape Plan prepared by Harvest Design, dated 5/6/05 shall be revised as follows: a. Show landscaping for Lot 1, Block 40. 10. All drainage areas (detention/retention basins) must be designed to ensure that water will percolate or discharge within a period of time not to exceed 24 hours for all storms up to and including a 100 -year storm event. Side slopes within drainage areas must be less than 3:1 for accessibility and maintenance. Storm drainage facilities must be in compliance with MCC 12-13-14-2. 11. Submit "Final" letter from the Ada County Street Name Committee, approving the subdivision and street names. Make any corrections necessary to conform. 12. Complete the Certificate of Owners and its accompanying Acknowledgement. 13. All existing structures on this site shall be removed prior the City Engineers signature on the Final Plat. 14. The 25 -foot wide cross -access easement on the west boundaries of Lots 43, 44, 45; Block 32, shall also be labeled as a "City of Meridian sewer and water easement". 15. Staffs failure to cite specific ordinance provisions or terins of the approved Preliminary Plat, Conditional Use Permit or Development Agreement does not relieve Applicant of responsibility for compliance. GENERAL REOUIREMENTS 1. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owner's), with written approval or non -approval submitted to the Public Works Department. If lateral users association approval can't be obtained, plans will be reviewed and approved by the meridian City Engineer prior to final plat signature. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 3. 250 and 100 -watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by FP -05-034 Exhibit "A" Bridgetower Crossing Sub12 FP.doc Mayor & City Council Hearing Date: June 7, 2005 Page 4 Idaho Power Company. Street light contractor to obtain design and permit from the Public Works Department prior commencing installations. 4. Compaction test results must be submitted to the Meridian Building Department for all lots receiving engineered backfill. 5. 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 nonual groundwater elevation. 6. Coordinate fire hydrant placement with the City of Meridian's Water Works Superintendent. 7. Provide five -foot -wide sidewalks in accordance with City Ordinance Section 12-5-2.K. Sidewalks are to provide a clear five -foot -wide walkway pathway without encroachment of mailbox structures. S. Applicant shall be responsible for application and compliance with any Section 404 Pennitting that may be required by the Army Corps of Engineers. 9. Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 10. Developer shall coordinate mailbox locations with the Meridian Post Office. 11. Applicant shall be required to pay Public Works development plan. review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. 12. Please submit all updated groundwater/soils monitoring data to the Public Works Department for review. Any drainage areas (detention/retention basins) must be designed to ensure that water is retained only during 100 -year storm events, and for a period of time not to exceed 24 hours. Side slopes within drainage areas shall. not exceed 3:1. Any portion of a drainage area not improved with sod/grass seed (or other approved landscaping) shall not count towards the required open space area. The project engineer should pay close attention to the results of field studies determining the groundwater, soil type & and characteristics during the design and construction phases. 13. Street signs are to be in place, water system shall be approved and activated, fencing shall be installed, drainage lots constructed, road base shall be approved by the Ada County Highway District, and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 14. A letter of credit or cash surety in the amount of 11.0% well be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. FP -05-034 Exhibit "A" Bridgetower Crossing Sub 12 FP.doc � 1 Mayor & City Council Hearing Date: rune 7, 2005 Page 5 All development improvements, including but not limited to sewer, fencing micro -paths, pressurized irrigation and. landscaping shall be installed wid approved prior to obtaining certificates of occupancy. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and. the Fair Housing Act. STAFF RECOMMENDATION Staff recommends approval of the final plat for Bridgetower Crossing Subdivision No. 12 with the above stated comments & conditions. FP -05-034 Exhibit "A" Bridgetower Crossing Sub 12 FP.doc E affm 1 0% NNufflEERNt, 150 l.asl Aikens Sfreei. Suite 13 S6o,'arni�gan�eng,'rleering�ca�rrnsnitiesfor[nrlor�r� I:lgle, I1) 83C,1h t'hotu�: (208) 93N-0980 LUTIONSLLP t <I1: (209) 938-0941 E-mail: es-tlC,'[:kNmi(emi",Q. -.1.not June 2, 2005 Mayor and City Council City of Meridian 33 East Idaho Meridian, ID 83642 Re: Bridgetower Crossing Subdivision No. 12 (Final Plat) File No. FP -05-034 Dear Mayor and Council: We have reviewed staff comments for the hearing; date of June 7, 2005, and have the following responses: SITE SPECIFIC REQUIREMENTS I . The applicant will meet all terms of the approved preliminary plat (PP -012.014), conditional use permit (CUP -01-006) and development agreement (list. No. 10 1117652). 2. The applicant will comply. 3. The applicant will comply. 4. The applicant will comply. 5. The applicant will comply. 6. Noted . 7. The applicant will comply. 8. The applicant will comply. 9. The applicant will comply. 10. The applicant will comply. CADocumenls and Sttlings•crtentiLocal Stit inas+Te iporary Inicmet 1-de't OLK'a RecsResp%,ne.,L L 1;.\1111)1l "B" i" Mayor and City Council June 2, 2005 Page 2 11. The applicant will comply. 12. The applicant will comply. 13. The applicant will comply. 14. The applicant will comply. I5. Noted. GENERAL REpUIREMENTS I. The applicant will comply. 2. The applicant will comply. 3. The applicant will comply. 4. The applicant will coinply. 5. The applicant will comply. 6. The applicant will comply. 7. The applicant will comply. S. The applicant will comply. 9. The applicant will comply. 10. The applicant will comply. 11. The applicant will comply. 12. The applicant will comply. 13. The applicant will comply. 14. The applicant will comply. 15. The applicant will comply. 16. The applicant will comply. CADocumenls and Settingc;greent\Locai Settings`Nempotaey lntenict Files'OLK24 Rec;Re,pon,e duc i:0uhit "R" Mayor and City COLlncii June 2, 2005 Page 3 We believe this letter addresses all of your concerns. Please feel free to call clic if you have additional comments or questions. Sincerely, Engineering Solutions, LLP Becky McKay, Partner Project Manager BM:ss cc: Mr. Frank Varriale CADotuments and SellingstgreenALotal Scuingffemporary Intemel filec101 K2 \Rm;Response.doc BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF HOWELL- MURDOCH DEVELOPMENT CORPORATION FOR FINAL PLAT APPROVAL OF 78 SINGLE- FAMILY RESIDENTIAL BUILDING LOTS AND 12 COMMON LOTS ON 24.12 ACRES IN AN R-8 ZONE LOCATED SOUTH OF MCMILLAN ROAD AND WEST OF MERIDIAN ROAD IN A PORTION OF THE W lh OF THE NE '/ OF T. 4N., R. 1W., SECTION 36 CIC June 7, 2005 CASE NO. FP -05-033 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Meridian City Code § 12-3-7 on June 7, 2005, and the Council finding that the Administrative Review is complete from Sonya Allen, Assistant City Planner for the Planning and. Zoning Department, and Michael Cole, Development Services Coordinator for the Public Works Department, dated: Hearing Date: June 7, 2005, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of "PLAT SHOWING CEDAR SPRINGS SUBDIVISION NO. 8 LOCATED 1N A PORTION OF THE W %2 OF THE NE % OF T. 4N. R. IW., ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR CEDAR SPRINGS SUBDIVISION NO. 8 / (FP -05-033) Page I of 4 SECTION 36, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2005, HANDWRITTEN DATE: 04127105, SHEET 1. OF 3, J -U -B ENGINEERS, INC.", HOWELL-MURDOCH DEVELOPMENT CORPORATION, Developer, is Conditionally Approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Sonya Allen, Assistant City Planner for the Planning and Zoning Department and Michael Cole, Development Services Coordinator for the Public Works Department, dated: Hearing Date: June 7, 2005, listing 14 SITE SPECIFIC REQUIREMENTS/FINAL PLAT and 15 GENERAL REQUIREMENTS, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of 5 pages, and by this reference incorporated herein, and the additional requirements from the action of the Council taken at their June 7, 2005 meeting as follows, to -wit: 1.1 Adopt the Recommendation of the Central District Health Department as follows: The Central District Health requires after written approval from the appropriate entities are submitted, they can approve this proposal. for central sewage and central water; that plans must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Envirom-rental Quality for central sewage and central water; that run-off is not to create a mosquito breeding problem; and it is suggested that the stormwater be pretreated. through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality; that engineers and architects should obtain current best management practices for stormwater disposal and design a stormwater management system ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR CEDAR SPRINGS SUBDIVISION NO. 8 / (FP -05-033) Page 2 of 4 that is preventing groundwater and surface water degradation. Manuals for guidance: 1. State of Idaho Catalog of Stormwater Best Management Practices for Idaho Cities and Counties. Prepared by the Idaho Division of Environmental Quality, July 1997. 2. Stonnwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, May 2000. 2. The final plat upon which there is contained the Certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: I . The Plat dimensions are approved by the City Engineer; and 2. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review maybe filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR CEDAR SPRINGS SUBDIVISION NO. 8 / (FP -05-033) Page 3 of 4 in real property which may be adversely affected by this decision may, within twenty-eight (28) days after the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the -Itk day of --J�nc , 2005. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR CEDAR SPRINGS SUBDIVISION NO. 8 / (FP -05-033) Page 4 of 4 By.� Attest: a 6rd ayor, t f Meridian ORAL William G. Berg, Jr., y Clerk Copy served upon Applicant, City Attorney. the Pl. ment, Public Works Department, and 1 By:MIJDated: qty Clerk's Office ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR CEDAR SPRINGS SUBDIVISION NO. 8 / (FP -05-033) Page 4 of 4 f MAYOR Erna Tammy de Weerd CITY Or '41 CITY HAIL =° _ .... CITY COUNCIL MEMBERS C�Werlha'7, (208) 888-4433 — Fax 887-4813 Keith Biel Christine Doswell PUBLIC WORKS Shaun Wardle IDAHO BUILDING DEPARTMENT 1 (208) 887-2211 — Fax 898-9551 Charles M. Rountree frf, ' I't�E:kSunE; V SIRE ;1�p3 STAFF REPORT: City Council Date: June 7, 2005 Transmittal Date: June 2, 2005 To: Mayor & City Council From: Sonya Allen, Assistant City Planner Michael Cole, Development Servlces oordinator C Re: Cedar Springs Subdivision No. S Request for Final Plat Approval of Seventy-eight (78) Single -family Residential Building Lots and Twelve (12) Common Lots on 24.12 Acres in an R-8 Zone for Cedar Springs Subdivision No. 8, by Howell-Murdoch Development Corporation (File No. FP-05-033) We have reviewed the above-referenced submittal and offer the following comments, as conditions of approval. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY & LOCATION The applicant, Howell-Murdoch Development Corporation, has requested final plat approval for the eighth phase of Cedar Springs Subdivision consisting of 78 single -family residential building lots and 12 common lots on 24.12 acres in an R-8 zone. The gross density per acre for this phase is 3.2 dwelling units per acre. The net density is 4.8 dwelling units per acre. This phase is located approximately 118 mile south of W. McMillan Road and 1/amile west of N. Meridian Road, in the NE 1/4of Section 36, TAN., R. 1W. The submitted final plat complies with the approved preliminary plat. The preliminary plat was approved under the name of Cedar Springs North Subdivision. Staff recommends approval of the final plat for Cedar Springs Subdivision No. 8 with the comments and conditions stated in this report. Exhibit "A" Mayor & City Council Hearing Date: June 7, 2005 Page 2 of SITE SPECIFIC REQUIREMENTS 1. Applicant is to meet all ten -ns of the approved annexation (AZ -02-028), preliminary plat (PP -02-027) and non -development agreement (Inst. No. 103192357). 2. Submit compaction test results to the Meridian Building Department for any building pads within lots receiving engineered backfill. 3. Label the "Real Point of Beginning" on the face of the plat. 4. Lot 16, Block 13 does not have the curve labeled, staff believes that it sould be C13. Please confirm and add the appropriate label. 5. Graphically depict on the face of the plat an 8 -foot wide Public Utilities, Drainage and Irrigation easement on the following lots. The extra width is necessary to accommodate an irrigation main. a) Western lot line of Lot 14, Block 31. b) Northwestern lot line of Lot 15, Block15. 6. Graphically depict on the face of the plat a 5 -foot wide easement on the following lots. They will be interior side lot lines to an existing phase. a) North lot line Lot 1.4, Block 13. b) Northwestern lot line Lots 13, 19; Block 30. c) Northwestern lot line Lots 3, 29; Block 31. d) Northwestern lot line Lots 2, 26, 20, 19; Block 32. 7. Graphically depict on the face of the plat the radius points for all "eyebrow" corners. 8. All fencing must be in compliance with MCC 12-4-10 and 12-13-15-9. Temporary construction fencing to contain debris shall be installed around the northern and western boundaries of this phase unless pennanent fencing already exists at the subdivision boundary. 9. Sanitary sewer service and municipal water to this development shall be via extensions from mains being installed in previous phases. Applicant will be responsible to construct the sewer and water mains to and through this proposed development, thereby making them available to adjacent properties. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Applicant shall execute City of Meridian standard form of easements, for any mains that are required to provide service. 10. The applicant has indicated that this phase will be a continuation of the Settler's Irrigation District pressure irrigation system being installed in previous phases. The City FP -05-033 Cedar Springs Sub8 FP.doc Exhibit "A" Mayor & City Council Hearing Date: June 7, 2005 Page 3 of 4 of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a creek or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the Meridian City Engineer. 11. Complete the Certificate of Owners and accompanying Acknowledgment. 12. Please submit a copy of the Ada County Street Name Committee's "Final" letter for the street names and lot & block numbering. Make all corrections necessary to comply. 13. PIease add or revise the following plat notes on the plat dated 4/19105: (7.) "Lot 4 of Block 26; Lot 2-6 20 of Block 30;..." (9) "...with access to North Summit Way -,y �] Jx?c �� UlU by the Ada GeidF45, Highway Distr-iet wid. the Gity of Meridian." (14.) Delete note — no longer required to be shown on plat. • Add a note limiting solid fencing adjacent to micropath lots to no more than four (4) feet in height. 14. Staff's failure to cite specific ordinance provisions or terms of the approved annexation, non -development agreement, or preliminary plat does not relieve applicant of responsibility for compliance. GENERAL REQUIREMENTS 1. Tile all irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided per City Ordinance 12-4-13. Submit written confirmation of plan approval from the appropriate irrigation/drainage district, or lateral users association to the Public Works Department. 2. Street signs are to be in place, water system shall be approved and activated, fencing shall be installed, drainage lots constructed, road base shall be approved by the Ada County Highway District, and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 3. A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 4. All development improvements, including but not limited to sewer, fencing, micro - paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. FP -05-033 Cedar Springs SuM FP.doe Exhibit "A" Mayor & City Council Hearing Date: June 7, 2005 Page 4 of 4 5. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. 6. Applicant's engineer shall 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. 7. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 8. Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Enviromnental Protection Agency. 9. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 10. All grading of the site shall be performed in conformance with MCC 11-12-3H. 11. Remove any existing domestic wells and/or septic systems within this project from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. (Wells may be used for non-domestic purposes such. as landscape irrigation.) 12. Install 100 -watt, high-pressure sodium streetlights at locations designated by the Public Works Department. Street light contractor shall obtain an approved design and pennit from the Public Works Department prior to commencing installations. 13. Replace any tree over four (4) inch caliper that is removed from the property with an equivalent number of caliper inches of trees. (Required landscape buffer trees will. not be considered as replacement trees for those trees that have to be removed.) 14. Coordinate with the Meridian Public Works Department and the Meridian City/Rural Fire Department to determine fire flow requirements. Provide a letter from the Fire Department stating required fire flow requirements prior to final plat approval. 15. Developer shall coordinate mailbox locations with the Meridian Post Office. RECOMMENDATION Staff recommends approval of the final plat, with the above stated comments and conditions. FP -05-033 Cedar Springs Sub8 FP.doe Exhibit "A" BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION FOR RECORDING THE FINAL PLAT FOR BRIDGETOWER CROSSING SUBDIVISION NO.7 LOCATED ON THE SOUTHEAST CORNER OF NORTH TEN MILE ROAD AND MCMILLAN ROAD IN THE NW !/4 OF T. 4N., R. 1W., SECTION 35, MERIDIAN, IDAHO BY: ENGINEERING SOLUTIONS, LLP. APPLICANT C/C June 7, 2005 CASE NO. TE -05-004 ORDER GRANTING A ONE (1) YEAR TIME EXTENSION FOR RECORDING THE FINAL PLAT This matter coming on regularly before the City Council on June 7, 2005, upon the Applicant's time application for a one (I) year extension within which to record the Bridgetower Crossing No. 7 Subdivision Final. Plat, which was originally approved on June 1, 2004, as provided in § 12-3-6 B, and good causing appearing. IT IS HEREBY ORDERED AND THIS DOES ORDER THAT: 1. The above name Applicant is granted a one (1) year extended period of time until June 1, 2006, of this Order within which to record the Final Plat for the above entitled subdivision application. _ By the action of the City Council at its regular meeting on the Ilk day of n e.— , 2005. ORDER GRANTING A ONE (1) YEAR TIME EXTENSION FOR RECORDING THE FINAL PLAT FOR BRIDGETOWER CROSSING NO. 7 SUBDIVISION (TE -05-004) Page 1 of 2 DATED this r *h day o t, , 2005. ORDER GRANTING A ONE (1) YEAR TIME EXTENSION FOR RECORDING THE FINAL PLAT FOR BRIDGETOWER CROSSING NO. 7 SUBDIVISION (TE -05-004) Page 2 of 2 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION FOR FILING THE FINAL PLAT FOR MCNELIS SUBDIVISION LOCATED ON THE NORTHWEST CORNER OF WEST USTICK ROAD AND NORTH TEN MILE ROAD IN THE SE/40F T. 4N. R. IW., SECTION 34, MERIDIAN, IDAHO. BY: ENGINEERING SOLUTIONS, LLP. APPLICANT CIC June 7, 2005 CASE NO. TE -05-003 ORDER GRANTING A ONE (1) YEAR TIME EXTENSION FOR FILING THE FINAL PLAT This matter coming on regularly before the City Council on June 7, 2005, upon the Applicant's time application for a one (1) year extension within which to file the McNelis Subdivision Final Plat, which was originally approved on June 8, 2004, as provided in § 12-3-6 B, and good causing appearing. IT IS HEREBY ORDERED AND THIS DOES ORDER THAT: 1. The above name Applicant is granted a one (1) year extended period of time until June 8, 2006, of this Order within which to file the Final Plat for the above entitled subdivision application. M<� y thhee action of the City Council at its regular meeting on the day of , 2005. ORDER GRANTING A ONE (1) YEAR TIME EXTENSION FOR FILING THE FINAL PLAT FOR MCNELIS SUBDIVISION (TE -05-003) Page 1 of 2 ORDER GRANTING A ONE (1) YEAR TIME EXTENSION FOR FILING THE FINAL PLAT FOR MCNELIS SUBDIVISION (TE -05-003) Page 2 of 2 ADA COUNTY RECORDER' -,.DAVID NAUARRO AMOUNT .00 BOISE IDAHO 06/13/05 pM DEPUTY Neava Haney RECORDED -R-REQUEST OF Meridian City 1 CJ5076395 CITY OF MERIDIAN ORDINANCE NO. d -67 r ` /5"57 BY THE CITY COUNCIL: BIRD, DONNELL, ROUNTREE, WARDLE AN ORDINANCE (RZ-05-003 - QUENZER COMMONS COMMERCIAL) FOR A RE -ZONE OF PROPERTY LOCATED AT THE WEST SIDE OF LOCUST GROVE, NORTH OF HERITAGE PARK, CITY OF MERIDIAN, ADA COUNTY, IDAHO, AS DESCRIBED IN ATTACHMENT "A" OF THIS ORDINANCE AND RE -ZONING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND WITHIN THE CORPORATE LIMITS OF THE CITY OF MERIDIAN; AND RE- ZONING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM R- 8 (MEDIUM DENSITY) TO C -N (NEIGHBORHOO.D BUSINESS DISTRICT) IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" is within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for re- zoning by the owner of sad property, to -wit: Qcenzer Farms, L.P., an Idaho Limited Partnership, Landmark Properties, LLC, & Brighton Investments, LLC SECTION 2. That the above-described real property is hereby re -zoned from R-8 to C -N (Neighborhood Business District) in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to re -zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian re -zone said property. SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well. as the official zoning maps, and all official snaps depicting the boundaries and the zoning RE -ZONE OF RZ-05-003 QUENZER COMMONS COMMERCIAL Page 1 of 3 districts of the City of Meridian in accordance with this ordinance. SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION S. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (112) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 7,4A- day of ��- 2005. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of2005. M Y de WEERD ATTEST:" /6 Ise, CITY CLERK SNAL RE-ZONE OF RZ-05-003 QUENZER COMMONS COMMERCIAL Page 2 of 3 STATE OF IDAHO, ) : ) Ss. County of Ada } On this 1111 day of J�� , 2005, before me, the undersigned, a Notary Public in and for said. State, personally appeared TAMMY de WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the CITY of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written, oeedaonaaaeaee,ee eee 4�•®aVt, L. SJR °Os +�Io 4 � x+00 �1•sd•�,� •r: (SEAL) ~�pTARk`®•� N AR PUBLIC FOR IDAHO R SID G AT: M�ridiu �. n6 pU G ••o • M� C MMISSION EXPIRES: d D p 7 d • RE -ZONE OF RZ-05-003 QUENZER COMMONS COMMERCIAL Page 3 of 3 Engineerins North West, LLe 423 N. Ancestor Place, Suite 180 Boise, Idaho 83704 (208) 376-5000 • Fax (208) 376-5556 Project No. 05-008-01 Date: February 15, 2005 QUENZER COMMONS COMMERCIAL REZONE DESCRIPTION A parcel of land located in the NE 114 of the SE 114 of Section 31, T. 4 N., R..1 E., B.M., Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the section corner common to Sections 31 and 32 of said T. 4 N., R. 1 E., and Sections 5 and 6 of T. 3 N., R. 1 E., B.M.; Thence North 00°31'35" East, 2659.04 feet on the section line common to said Sections 31 and 32 to the 114 section corner common to said Sections 31 and 32, said point being the REAL POINT OF BEGINNING; Thence reversing direction, South 00°31'35" West, 586.11 feet on the section line common to said Sections 31 and 32; Thence leaving said section line, North 89°29'42" West, 354.20 feet, a portion of said line being on the southerly boundary line of Quenzer Commons Subdivision No. 3, as same is shown on the plat thereof recorded in Book 88 of Plats at Page 10030 of Ada County Records, to the southwest corner of said Quenzer Commons Subdivision No. 3; Thence North 00"30'18" East, 584.40 feet, a portion of said line being on the boundary line common to said Quenzer Commons Subdivision No. 3, and Quenzer Commons Subdivision No. 1, as same Subdivision No. 1 is shown on the Plat thereof recorded in Book 85 of Plats at Page 9511 of Ada County Records, to a point on the east -west mid-section line of said Section 31; Thence South 89°46'21" East, 354.43 feet on the east -west mid-section line of said Section 31 to the real point of beginning. Said parcel contains 4.75 acnes more or less. REVI ppPRDV +� BY v7 FEB 16 2005 NIWIG WORKS DEPT. Quenzer Commercial Rezone Desc.doc PREPARED BY: Engineering NorthWest, LLC LA4�, 880 James R. Washburn, PLS QUENZER COMMONS COMMERCIAL REZONE EXHIBIT REAL POINT OF 8F'Glb!N1N 589`46'20"E 354.43' S.31 S.32 i SCALE: 1 " 100' J b E � as wt co �� zo f Orl N W M I O 4 z 4 �� w JAW VA BY v ^N89'29'42#W 354.20' o -� ,n�R►a1A5 oEPTtG woo T. 4N., RAE. E. S. 31: S. 32 E—CONHERCiAL-2-0500WU\Dm-inga\tiEMT. =—PEZCNF E. USICK RD. tlr7 7/+/2005 +:3209 � T.3N., R.7E_ S.S S.5 PM IST Chapter IU - Financial Management ICDSG Progress Report Grantee: Report No.: City of Meridian, Ida110 3 Date: Date of IDOL Contract: Grant No.: June 3, 2005 July 17, 2004 ICDBG-04-III-I-SR Report Period From: Report Period To: Telephone: April 15, 2005 June 3, 2005 (208) 322-7033 ext. 234 Gant Amount: Project Match Expended to Date: Tax ID No.: $100,000 $5,000.00 82-6000225 Second .Public Hearing: Y/(N) (Circle One) Published Notice Submitted: Y/(N) Date of Second Public Hearing: Yet to be held Minutes Submitted: Y/(N) Environmental Release: List of Attendees Submitted: Y/(N) PROJECT START UP Exhibit C W L s y N o C aJ E ¢ U i; WU C U Cd 0 A d d o ami Environmental Release: 08.04 06.04 0604 None Complete. Submitted 06.04 Send copy of ERR Bid Documents Reviewed and -- 03.05 04.05 None Complete Approved: Procurement for Admin Contract 01.04 02.04 03.04 None Complete. Part of Application Reviewed and Approved: Admin Contract Reviewed and 03.04 03.04 0304 None Complete. Part of Application Approved: Contact Person: Phone: Procurement for Eng/Arch Contract 6.04 08.04 12.21.04 None Complete. Publication of idavits, solicitation Reviewed and Approved: information, ranking summary, Contract Eng/Arch Contract Reviewed and 08.04 1.1.04 12.21.04 None Complete. Approved: Contact Person: Phone: Acquisition (voluntary or eminent If the project includes acquisition, it must be monitored. Ongoing progress domain): report schedule for acquisition activities must be established individually Date of Purchase/Transfer of Title: between grant administrator and project coordinator at 1DOC Relocation (business or resident): Exhibit C Chapter III - Financial Management FAIR HOUSING PROGRESS SECTION 504 PROGRESS Q ca o P O r y •"' � es C: Q. C L C c1U O UG, p �_ p �. v W U U O C�ix ¢ o v Designate Fair Housing Resource 10/03 10/03 None Complete. Part of Application Person: 10104 -- None Committee forming. Fair Housing Review Committee: 11104 -- 5105 None Establish committee Fair Housing Resolution: 11/04 09/03 S/05 Yes Republish annually during project Fair Housing Plan/Analysis of 11/04 -- --- None Develop Fair housing Plan. Impediments: 10/04 None Develop Transition Plan Communications of Fair Housing 11/04 None ongoing Activities: Grantee Fair Housing Poster: 11/04 None Ongoing SECTION 504 PROGRESS Exhibit C III -14 Q ca CS C% Q] '� ��±� E �� N ML E L C V L u C r 2 o E w U U O C�ix ¢ o v Designate Responsible Employee: 10/03 10/03 None None 504 Committee Established: 10104 -- None Committee forming. Non -Discrimination Policy Adopted: 09103 09/03 5105 Yes Part of Application. Republish Grievance Procedure Established: 09/03 09/03 5105 Yes Part of Application. Republish 504 Self -Evaluation Completed: 10/04 -- --- None Self -Evaluation underway 504 Transition Plan: 10/04 None Develop Transition Plan Exhibit C III -14 Chapter [if Financial Management CIVIL RIGHTS PROGRESS ACQUISITION PROGRESS Card Q la eu s E U a' No acquisition in this project cl 9) C O U E E C:) o U til U U Community Profile: 4/05 4/15/05 None None EEO Policy Statement: 6.05 6.05 Yes None EEO Grievance Procedure/EEO 10/03 -_ 605 Yes None Complaints: Grantee Employment Form: None Complete and submit Contract/Subcontract Activity Report: - None Complete and submit Senior Center Participants Form: None Complete and submit. Section 3 Certifications: None Complete and submit Grantee EEO Poster: None Ongoing ACQUISITION PROGRESS Exhibit C III -I5 N O O c7 0 h C. E U a' No acquisition in this project N/A N/A NIA None N/A Exhibit C III -I5 chairter III Financial Management CONSTRUCTION AND LABOR PROGRESS CERTIFICATION: I, the undersigned, do hereby certify that the above information contained in this report, including the attached payroll review and the attached disbursement report, is correct and accurately reflects the progress and status of the grant project. (208) 322-7033„ext. 227 Signature of ICDBG Certified Grant Administrator Phone Date CERTIFICATION: I, the undersigned, do hereby certify that the above information contained in this report, including the attached payroll review and the attached disbursement report, is correct and accurately reflects the progress and status of the grant project. Authorized ief Elected Official Title Date Exhibit C kl l e C "OG�r�C e 6—;7— ,!P 5- 4/5 III -16 c Q oN b 3 0 y t7U CJ R Q Q o � Contract Award: 10.04 None Complete and submit Debarred .List Checked: 10.04 3.05 4.15.05 None None Preconstruction Conference: 10.04 4.05 4.15.05 None None Minutes & Checklists Bid Tabulations: 10.04 3.05 4.15.05 None None Notice to Proceed: 10.04 4.05 4.15.05 None None Wage Rate Number: 10.04 3.05 4.15.05 None None Ten-day Wage -rate update: 10.04 3.05 4.15.05 None None Additional Classifications Required: 10.04 -- None Complete and submit CERTIFICATION: I, the undersigned, do hereby certify that the above information contained in this report, including the attached payroll review and the attached disbursement report, is correct and accurately reflects the progress and status of the grant project. (208) 322-7033„ext. 227 Signature of ICDBG Certified Grant Administrator Phone Date CERTIFICATION: I, the undersigned, do hereby certify that the above information contained in this report, including the attached payroll review and the attached disbursement report, is correct and accurately reflects the progress and status of the grant project. Authorized ief Elected Official Title Date Exhibit C kl l e C "OG�r�C e 6—;7— ,!P 5- 4/5 III -16 DISBURSEMENT REPORT DISBURSEMENT LOG - City of Meridian Request for Funds this Period: $17,812.00 Paid to Date $5,000.00 REQUEST FOR FUNDS #2 DATE DATE DATE RECEIVED DEPOSITED DISBURSED CHECK # AMOUNT PAIDI TO WHOM 31 -Jan -05 31 -Jan -05 _ 4 -Feb -05 61406 $ 2,500.00 1 Saae N N X m m O NI m 00m k (n 4.1 j O N Q C- rn 00 LL ai w a - Do C7 Q 64 O Q Q r 6R S 4 Ei? ffT Ef-? 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Plaza #193 Eagle, 1D 83616 Phone: (208) 376-5200 Fax: (208) 376-5201 INVOICE 91315 DATE:MAY 17, 2005 TO: KMO FOR: MERIDIAN SENIOR CENTER DESCRIPTION AMOUNT Section 10801: toilet accessories — stored @ S81 warehouse 895.00 i f NET 30 Less retention {44.95 TOTAL 850.05 y THANK YOU FOR YOUR BUSINESS CONSTRUCTION DOCUMENT PACKAGE 07 .JUNE 2005 JUN - 00I p# table of contents City of Meridian City Clerk Office P-1 vicinity map (proposed locations) p.2 construction cost estimate p.3 overall plan / elevation (for reference) p.4 light post @ pedestal detail P-5 light post @ sign support detail p.6 'Meridian' sign detail p.7 light post cut sheet p.8 'gooseneck' light fixture cut sheet MERIDIAN GATEWAY SIGNAGE OLD TOWN SIGNAGE CITY OF IDAHO r H e TREASURE' F,, i rw V d z F- 0 (< U) W wU) U z Z AF a� w U� w w O z 0 Z 0 U� p2 z z o 11-4 1..� W I � � N 1 5 rcsn "our. 8u� Z II yFP� 7 ¢hVyQ.. My N W i Ci ; O� VvW 2 Iii 41 W x z zy 4 yq 3wf^ Um m ud TSS 2N Ll w■ice u Inca V a a U til Iiia x I4Y z mlyn� S Y�FCy Iyf� 4 I^V 0][V l- xaa I I I I 7 I { i 1 I I { I I t I I I I NI I S W I I I I 0 i 1 i I { i I I �If� I `/ I I 1 1 0 I I ! I I I 1 I CO� - r I i I I I F I I I i I I I r ! I � 1 i I ! 1 1 II 1 r I I ! I _ I I 00 ! r � I 1 1 I � r r ! I I 1 I r � ! I I 1 I 1 I 1 f 1 f 1 r 1 r I r 1 O 1 I N I III I '! p3 STEEL TUBE SUPPORT FURNISHED AND INSTALLED BY SIGN VENDOR (TYP.) RE: SIGN VENDORS DESIGN SF GOOSENECK SIGN LIGHTING: B -K LIGHTING "SIGN STAR -STY SUPPORTED ® STEEL TUBE RE: CUT SHEET P7 {TYP. OF 4 PLAN @ SIGN SUPPORT LIGHT POST: HOLOPHANE CENTRAL LARKS: CP42 RE: i CONCRETE PEDESTAL PLAN @ BASE RE: PLAN LIGHT POST: HOLOPHANE CENTRAL PARK SERIES: CP42 STAINLESS STEEL LOCKNUTS AND LOCKWASHERS (TYP.) BASE COVER (WHERE REQUIRED) BASE PLATE I" NONSHRINK GROUT w/ i" CHAMFER VERIFY 3/4" CONDUIT (STUB TO (E) FINISH GRADE 6" ABOVE POLE BASE) (TYP.) "' u { PROVIDE ANCHOR BOLTS I TO MATCH PATTERN AS PROVIDED BY MANUF. (TYP.) t, (4) #5 VERT. BAR #4 HORIT. BAR a 6" O.C. (TYP.) R (jYP) 21s0" SECTION LIGHT POST/ PEDESTAL DETAIL SCALE: 1,2" = l'-0" p4 6`• �"� WEWORK 6'-D' CABINET 1 I GOOSENECK LIGHTING 4'-0„ BRACKETS BY OTF R ` WELCOME CABINET � BY OTHER x rl BRACKETS �! BY 011 -ICP "�__ �✓ �4 LL E5 a .. I�� �e�i r4f N co END VIEW �ot BACK SIDE FRONT SIDE DOUBLE FACE FLAG MOUNTED SIGNS EXTERNALLY ILI.UILIN T BOTHER _ _ SCALE�8 =1'-9 NOTES: SUPPORT - FABRICATED FROM 4" SQUARE TUBE AS PER CUSTOMER ALL FRAME WORK 18 PAINTED BLACK. MOUNTING BRACKETS BY OTHER. (SUPPORT POST INFO SHOWN WITH MOUNTING BRACT{ETS yE"7 SC�JIPIUREq_tyf�BINETw FABRICATED FROM SHEET METAL WITH SHEET METAL FACES. ALL PRIMED AND PAINTED WHITE. VERIFY DEPTH REQUIRED FOR SUPPORTS. =CQRATION- FROAiT, ' MERIDIAN" FLAT CUT OUT LEFFERS ROUTED FROM ALUMINUM PAINTED DURANODIC BRONZE. PEG MOUNTED FROM SHEET METAL FACE. ALL OTHER IS BLACK PREMIUM VINYL APPLIED TO SHEET METAL FACE. BACK; "MERIDIAN" (220-69) DURANODIC PREMIUM VINYL. WELCOME„ „_ INET- (DECORATED ON BOTH SIDES) FABRICATED FROM SHEET METAL. ALL PRIMED AND PAINTED DURANODIC BRONZE, DQEQQRIQL WHITE PREMIUM VINYL. NK NRi IG= CABINETS ARE MOUNTED TO 4" FRAMEWORK WITH STEEL TUBE AS NEEDED. VERIFY. ` CGFYFti. �; T <: 2G,35 NL5 151,[1 UP1Pi13WG,'DESIGy SLEW ED FOR YOL? tKI=_LC �6 17366 P 1 6 z`"15 - - PERSONAL USE P4 CG'W0,C1j 'F H A F OJ -CT KING :.. . ;Nidi YED FOR YQU&YO IO ELECTRO Sk �..[NL-,Xl,'DS NOT �.�,; RICCKX If I./Ei1ILW,N DEV &.Ci':setJ r a'e� C'C" f T '10-s €(°� d i' TO SE I+EFROMCED COPILD OR EYil- 9M -N ANY FASFC!'F. `! DATE,. 6119/05 1` ° � � 4,�"_ ; -'.:" Y , d t;, I f ; 8. %'.lTVCi0 M7 E FRUSSiON OF L]ARO ELECMiC "SI i,N5, I%C.', � CUSLC1,c�.i:.EL SJ�REDIAN 4EVELOPNENT CG'tP-,T_.I�� _ 4GOil1�- J09 Lc^ iT ON, !lEPIEJUW TI,_ CCL OZ DERCTED IN MIS I`.A Jr VG KiE TO ASS1 , YOU IN ... sr1'z� L'SL ALaIr- Co °E PROPOSAL RM M. +l $ALES; 1 J' J18AJ ^NOT MATO 4 ACTiYAE ....... COLC M US-'aON 114E FN13 .iS DaSPLRY .J.�RAL PARK Ser'-- Features • Tamper proof design. • 1" diameter machined aluminum stem with stainless steel hardware. • Aluminum canopy. (Box gasket by others.) • Utilizes machined aluminum Nite Star". • a & & Listed with MR 16 lamps to 50 watts. • For remote transformer, see page 97. Sign Star uesl n uutue, see paget5 i c-+ nc,u 4B"tMaximum• Specify lnches)�� I / 2a" E10 sla�� /R EMOTE TRANSFORMER STYLE 5' Dia. $ 112" (2) #10-24 x We Black Oxide° Hex Socket Head Stainless Steel Mounting Screws CANOPY DETAIL /////a 36"Maximum (Specty In;has) ////� 2 t!a" PC75-120 Power Canopy INTEGRAL TRANSFORMER STYLE 6112" 0 PC75-120 POWER CANOPY CAP STYLES DETAIL (Cption) See page 96 for additional Power Canopy aetaiis. 34 2 Imi Sign Star"" Style `A' mounts unobtrusively to a building fascia. Use of our rectilinear lens produces a rectangular pattern of light which is ideal for the lighting of building mounted signs. Because it is so small in scale, the Sign Star almost disappears during daylight hours leaving the architec- tural design of the building unblemished. The Sign Star may also be used as a wall - washing element giving definitive relief to textured building materials. The Sign Star can be mounted in an up or downlight position. it is available in three cutoff styles to meet various lighting requirements. CATALOG NUMBER LOGIC Example: SN - 9 - WHW -11 - B - 3t]" A PC75.120 Series.: Lamp,Type 0 - By others. 16 - EYS(42W), 25° N. Flood 1 ESX(20w), 12° Spot 17 - EYP(42W), 40° Flood 2 - BAB(20W), 40° Flood - 6 - EXT(50W), 130.Spat 3 - FRB(35W), 12° Spot 7 - EXZ(50W), 261 N. Flood 4 - FRA(35W), 23° N. Flood 8 - EXN(50W), 40° Flood 5 - FMW(35W), 40° Flood mF V(50W) 60° W. Flood 45-°EYR(42W), 12° Spat Finish . Powder Coat Color Satin Wrinkle Bronze BZP tJLV Black BLP BW White Gloss WHP WHW Aluminum SAP - Verde VER Lens Type 9 -Clear (Standard), 10 -Spread, 12 - Soft Focus, 13 - Rectilinear Shielding 11 -Honeycomb Baffle Cap Style A - 45°, B - 90°, C - Flush Projection From Wall (Specify Inches) 113", 24, 30", 36" or 48" '(Not available with PC75-120 option). Style A - 901 Radius Options P075-1 20 -Power CanopyTm with 75VATransformer (For usa with maximum 36• length.) 1� 7 B -K LIGHTiI, Gr t