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Home My WebLink About2005-08-16 CITY OF MERIDIAN CITY COUNCIL MEETING AGENDA Tuesday~ August 16, 2005 at 7:00 p.m. City Council Chambers 33 East Idaho Avenue~ Meridian, Idaho 1. RolI~call Attendance: --L Shaun Wardle --L Christine Donnell ~ Charlie Rountree --L Keith Bird --L Mayor Tammy de Weerd 2. Pledge of Allegiance: Boy Scout Troup 198 3. Community Invocation by Pastor Bud Henthorn, with Meridian Gospel Tabernacle: 4. Adoption of the Agenda: Approve 5. Consent Agenda: A. Approve Minutes of June 7, 2005 City Council Special Meeting: Approve B. Findings of Fact and Conclusions of Law for Approval: VAR 05~011 Request for a Variance to allow a second free-standing monument sign on the same street frontage for Kina Electric Sians for King Electric Signs - 2200 South Cobalt Pointe Way: 7~C. Findings of Fact and Conclusions of Law for Approval: AZ 05~ 023 Request for Annexation and Zoning of 39.47 acres from RUT to C-N zone for Cherry Lane Christian Church by BRS Architects - NWC of Ten Mile Road and Franklin Road: D. Findings of Fact and Conclusions of Law for Approval: AZ 05~ 018 Request for Annexation and ZonIng of 29.18 acres to R-4, R-8 & R-15 zones for Westborouah Sauare Subdivision by JLJ Enterprises, Inc. - SEC of Jericho Road and Chinden Boulevard: Approve Meridian City Council Meeting Agenda - August 16, 2005 Page 1 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. E. Findings of Fact and Conclusions of Law for Approval: PP 05~ 020 Request for PrelIminary Plat approval for 7 building lots and 1 common lot on 5.39 acres in a proposed R-15 zone for Westborouah Sauare Subdivision by JLJ Enterprises, Inc. - SEC of Jericho Road and Chinden Boulevard: Approve F. Findings of Fact and Conclusions of Law for Approval: CUP 05~027 Request for Conditional Use Permit / Planned Development approval of a mixed-use development consisting of 10 multi-family buildings and 6 office buildings with multiple buildings on a single lot and a waiver of the street frontage requirement in a proposed R- 15 zone for Westborouah Sauare Subdivision by JLJ Enterprises, Inc. - SEC of Jericho Road and Chinden Boulevard: Approve G. Aoorove New Beer and Wine License for Quick Stuff - 3010 Goldstone Drive East: Approve H. Revised Amendment to Historic Preservation Consultant Aareement: Approve Aareement for Construction Services with Walt Morrow Construction. Inc.: Approve J. License Aareement with Namoa & Meridian Irriaation District for Castlebrook No.4 & 5: Approve K. Chanae Order No.1 (Final) for WWTP Headworks with Ewina Comoanv: Approve L. Resolution No. 05~482 Adopting Mavor's Youth Advisorv Council Resolution No.1 Supporting the Efforts of the Blueprint for Good Growth and Encouraging the Meridian City Council to Develop a Comprehensive Plan for Sustainable Growth: Approve M. Resolution No. 05~483 VAC 05~006 Request for a Vacation of a private road known as E. Herons Crossing Lane and Meridian City sanitary sewer easement for Quenzer Commons Subdivision No.9 by Brighton Investments, LLC - west of North Locust Grove Road and north of East Ustick Road: Approve N. Resolution No. 05~484 VAC 05~007 Request for a Vacation of a portion of the 10-foot wide easement centered on the interior common lot line of Lots 1 and 2, Block 2, Olson and Bush Meridian City Council Meeting Agenda - August 16, 2005 Page 2 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Industrial Park Subdivision by Dennis Kelley & Walter Sigmont - 3131 East Lanark Street: Approve O. Resolution No. 05~485 : VAC 05~008 Request for a Vacation of platted utility easements of Lots 16, 17,21-27, Block 2 of Honor Park Subdivision No.3 by Franklin / Stratford Investments, LLC - south of East Franklin Road and west of Stratford Drive: Approve P. Resolution No. 05~486 VAC 05~009 Request for a Vacation of the public utility easement on Lot 8, Block 20 of Paramount Subdivision No.4 by Paramount Development, Inc. - south of Chinden and west of Meridian Road: Approve 6. Department Reports: A. Finance Department - Stacy Kilchenmann 1. FY05 Budaet Amendment: Approve Amendments for Public Hearing September 6, 2005: B. Planning and Zoning Department - Anna Canning 1. Request for Waiver of Fence Waiver Aoolication Fees for Rvan Warwick: Approve C. Parks and Recreation Department - Doug Strong 1. Uodate on Messina Meadows Parks and Recreation Decision: Presented 7. Items Moved from Consent Agenda: 8. Request for Reconsideration of Silver Oaks Subdivision Annexation I Rezone Request and the accompanying Preliminary Plat and detailed Conditional Use Permit Applications: Approve - Set Public Hearing 9. Order for Denial: AZ 05-016 Request for Annexation and Zoning of 28.65 acres from RUT to R-15 and L-O zones for Silver Oaks Subdivision by Charter Builders, Inc. - north of West Franklin Road and west of North Ten Mile Road: Omit 10. Order for Denial: CUP 05~024 Request for a Conditional Use Permit for a Planned Development for multi-family / clubhouse / office / daycare development with no minimum street frontage and multiple buildings on a single lot on 28.65 acres in proposed R-15 and L-O zones for Silver Oaks Meridian City Council Meeting Agenda - August 16, 2005 Page 3 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Subdivision by Charter Bullders, Inc. - north of West Franklin Road and west of North Ten Mile Road: Omit 11. Order for Denial: PP 05~023 Request for Preliminary Plat approval for 1 multi-family residential building lot and 1 commercial office lot on 28.6 acres in proposed R-15 & L-O zones for Silver Oaks Subdivision by Conger Management Group - west of Ten Mile Road and north of West Franklin Road: Omit 12. FP 05-051 Request for Final Plat approval for 39 single-family residential building lots and 1 common area lot on 8.75 acres in an R-8 zone for Paramount Subdivision No.9 by Paramount Development, Inc. - north of East McMillan Road and west of North Meridian Road: Approve 13. FP 05~050 Request for Final Plat approval for 72 single-family residential building lots and 14 common lots on 17.88 acres in a R-8 zone for Chesterfield Subdivision NO.1 by Centennial Development, LLC - east of North Black Cat Road and south of West Pine Avenue: Approve 14. FP 05~053 Request for Final Plat approval for 3 commercial building lots on 11 .28 acres in a R-8 zone for Chamoion Park Subdivision No.4 by Hillview Development Corporation - west of North Eagle Road and north of East Ustick Road: Approve as Amendment to Staff Comments 15. FP 05~052 Request for Final Plat approval for 81 single family residential building lots and 5 common lots on 20.25 acres in a R-8 zone for Ventana Subdivision No.2 by Ventana, LLC - north of McMillan Road on Meridian 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. " 16. Public Hearing: AZ 05-019 Request for Annexation and Zoning of 10.9 acres from RUT to C-G zone for Dorado Subdivision by Kimball Properties, LLC - NWC of South Eagle Road and East Overland Road: Approve as Amended 17. Public Hearing: PP 05~024 Request for Preliminary Plat approval for 16 commercial building lots on 10.9 acres in a proposed C-G zone for Dorado Subdivision by Kimball Properties, LLC - NWC of South Eagle Road and East Overland Road: Approve as Amended 18. Public Hearing: CUP 05~031 Request for conceptual approval of a Conditional Use Permit for a Planned Development for approximately 110,000 square feet of hotel, commercial, retall and restaurant uses Meridian City Council Meeting Agenda - August 16, 2005 Page 4 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. (some with drive-thru windows) in a proposed C-G zone for Dorado Subdivision by Kimball Properties, LLC - northwest corner of South Eagle Road and East Overland Road: Approve as Amended 19. Public Hearing: RZ 05~009 Request for a Rezone of 4.53 acres from I-L to C-G zone for Porkv Park Subdivision by VJ Joint Venture - south of Pine Street and east of North Eagle Road: Approve as Amended 20. Public Hearing: PP 05~026 Request for Preliminary Plat approval of 15 commercial building lots on 34.56 acres in proposed C-G zone for Porky Park Subdivision by VJ JOInt Venture - south of Pine Street and east of North Eagle Road: Approve as Amended 21. Public Hearing: CUP 05~032 Request for Conditional Use Permit approval for the operation of a public charter school in a L-O zone for Comoass Public Charter School by Compass Public Charter School - 2511 West Cherry Lane: Approve Findings of Fact and Conclusions of Law for Approval 22. Public Hearing: AZ 05~025 Request for Annexation and Zoning of 5.47 acres from RUT to R-4 zone for Meridian Hiah School by Hummel Architects - 1900 West Pine Avenue: Approve Findings of Fact and Conclusions of Law for Approval 23. Public Hearing: VAC 05-010 Request to vacate 16 foot right of way easement on Lots 1-9, Block 1 of the amended plat of the Townsite of Meridian for Meridian Creamerv by Zeke Johnson - 27 East Broadway Avenue: Approve Findings of Fact and Conclusions of Law for Approval! Recommendation to ACHD 24. Ordinance No. 05-1170 Repealing Existing Zoning and Subdivision Regulations Codified at Title 11 and Title 12 of the Meridian City Code; Re~Enacting a New Title 11 To Be Known As the Unified Development Code (2nd of 3 Readings): 2nd Reading 25. Ordinance No. 05~1171 : Enacting a New Provision of the Unified Development Code Pertaining to Development Along the State Highways to Be Codified at Title 11, Chapter 3, Article H of the Meridian City Code; Adding a New Definition of the Term "Approach" to Title 11, Chapter 1, Article A, Section 1 of the Meridian City Code (2nd of 3 Readings): 2nd Reading 26. Ordinance No. 05-1172 : RZ 05~007 Request for a Rezone of .13 acres from R-8 zone to Q-T zone for Meridian Counselina & Wellness Center by Ruth & Jeff Ulmer - 934 East 5th Street: Approve Meridian City Council Meeting Agenda - August 16, 2005 Page 5 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. CITY OF MERIDIAN CITY COUNCIL MEETING AGENDA Tuesday~ August 16, 2005 at 7:00 p.m. City Council Chambers 33 East Idaho Avenue~ Meridian, Idaho 1. RolI~call Attendance: 2. X Shaun Wardle ----X- Christine Donnell ---v- Charlie Rountree ~ Keith Bird ~ Mayor Tammy de Weerd Pledge of Allegiance: titf/).... TJp'J dt:-(1 Iv!- J"hpp f? /9' B 3. Community Invocation by Pastor Bud Henthorn, with Meridian Gospel Tabernacle: 4. Adoption of the Agenda: ~rr<-- 5. Consent Agenda: 1- c. A. Approve MInutes of June 7, 2005 City Council Special Meeting: ~~v-L- Findings of Fact and Conclusions of Law for Approval: VAR 05-011 Request for a Variance to allow a second free-standing monument sign on the same street frontage for Kina Electric Sians for King Electric Signs - 2200 South Cobalt Pointe Way: ~v-c..- Findings of Fact and Conclusions of Law for Approval: AZ 05~ 023 Request for Annexation and Zoning of 39.47 acres from RUT to C-N zone for Cherry Lane Christian Church by BRS Architects - NWC of Ten Mile Road and Franklin Road: B. D. Findings of Fact and Conclusions of Law for Approval: AZ 05~ 018 Request for Annexation and Zoning of 29.18 acres to R-4, R-8 & R-15 zones for Westborouah Sauare Subdivision by JLJ Enterprises, Inc. - SEC of Jericho Road and Chlnden Boulevard: ~V'-"-" Findings of Fact and Conclusions of Law for Approval: PP 05~ 020 Request for Preliminary Plat approval for 7 building lots and 1 common lot on 5.39 acres in a proposed R-15 zone for E. Meridian City Council Meeting Agenda - August 16, 2005 Page 1 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888.4433 at least 48 hours prior to the public meeting. Westborouah Sauare Subdivision by JLJ Enterprises, Inc. - SEC of Jericho Road and Chinden Boulevard: 't?"~/roJt....-' F. Findings of Fact and Conclusions of Law for Approval: CUP 05~027 Request for Conditional Use Permit / Planned Development approval of a mixed-use development consisting of 10 multi-famlly bulldings and 6 offIce bUildIngs with multiple bulldings on a sIngle lot and a waiver of the street frontage requirement in a proposed R- 15 zone for Westborouah Sauare Subdivision by JLJ Enterprises, Inc. - SEC of Jericho Road and Chinden Boulevard: ~V'-<.....- G. Approve New Beer and Wine License for Quick Stuff - 3010 Goldstone Drive East: ~ ~ H. Revised Amendment to Historic Preservation Consultant Aareement: ?;rrQ~ I. Aareement for Construction Services with Walt Morrow Construction. Inc.: ~pr~ J. License Aareement with Namoa & Meridian Irriaation District for Castle brook No.4 & 5: ~,v-<.-- K. Chanae Order No. 1 (Final) for WWTP Headworks with Ewina Comoanv: ~ V1(.. L. Resolution No. () ~ - 'f- g z.-. Adopting Mavor's Youth Advisory Council Resolution No.1 Supporting the Efforts of the Blueprint for Good Growth and Encouraging the Meridian City Council to Develop a Comprehensive Plan for Sustainable Growth: a-j7;rrP~ M. Resolution No. tJ 5"- /f93 : VAC 05~006 Request for a Vacation of a private road known as E. Herons Crossing Lane and Meridian City sanitary sewer easement for Quenzer Commons Subdivision No.9 by Brighton Investments, LLC _ west of North Locust Grove Road and north of East Ustick Road: /?~"...... N. Resolution No. ~ 5" - 1-& If : VAC 05~007 Request for a Vacation of a portion of the 10-foot wide easement centered on the interior common lot line of Lots 1 and 2, Block 2, Olson and Bush Industrial Park Subdivision by Dennis Kelley & Walter Sigmont - 3131 East Lanark Street: al'r~ O. Resolution No. () 5" -, 1- B !i' : V AC 05~008 Request for a Vacation of platted utility easements of Lots 16,17,21-27, Block Meridian City Council Meeting Agenda - August 16, 2005 Page 2 of 5 All materials presented at public meetings shaJl 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. 2 of Honor Park Subdivision No.3 by Franklin / Stratford Investments, LLC - south of East Franklin Road and west of Stratford Drive: ~ve.. P. Resolution No. tJ 5""'-1-& b : V AC 05~009 Request for a Vacation of the public utility easement on Lot 8, Block 20 of Paramount Subdivision No.4 by Paramount Development, Inc. _ south of Chinden and west of Meridian Road: 4~~ 6. Department Reports: A. Finance Department - Stacy Kilchenmann 1. FY05 Budqet Amendment: ~V'L ~~~,t;..r ,o/#, 9-.6-PS B. Planning and Zoning Department - Anna Canning 1. Request for Waiver of Fence Waiver Apolication Fees for Rvan Warwick: apf1h:7v-<- C. Parks and Recreation Department - Doug Strong 1. Update on Messina Meadows Parks and Recreation Decision: fJre~ 7. Items Moved from Consent Agenda: I :;el'n- c.. 8. Reauest for Reconsideration of Silver Oaks Subdivision Annexation J Rezone Request and the accompanying Preliminary Plat and detailed Conditional Use Permit Applications: P)'pV'<./ - sd"/J/Iv 9. Order for Denial: AZ 05-016 Request for Annexation and Zoning of 28.65 acres from RUT to R-15 and L-Q zones for Silver Oaks Subdivision by Charter Builders, Inc. - north of West Franklin Road and west of North Ten Mile Road: ~;ir 10. Order for Denial: CUP 05~024 Request for a Conditional Use Permit for a Planned Development for multi-family / clubhouse / office / daycare development with no minimum street frontage and multiple buildings on a single lot on 28.65 acres in proposed R-15 and L-Q zones for Silver Oaks Subdivision by Charter Builders, Inc. - north of West Franklin Road and west of North Ten Mile Road: (9nt,; ~ 11. Order for Denial: PP 05~023 Request for Preliminary Plat approval for 1 multi-family residential building lot and 1 commercial office lot on 28.6 acres in proposed R-15 & L-Q zones for Silver Oaks Subdivision by Meridian City Council Meeting Agenda - August 16, 2005 Page 3 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Conger Management Group - west of Ten Mile Road and north of West Franklin Road: t.:J?ro-;--e 12. FP 05M051 Request for Final Plat approval for 39 single-family residential building lots and 1 common area lot on 8.75 acres in an R-8 zone for Paramount Subdivision No.9 by Paramount Development, Inc. _ north of East McMlIIan Road and west of North Meridian Road: ~V<L 13. FP 05~050 Request for Final Plat approval for 72 single-family residential building lots and 14 common lots on 17.88 acres in a R-8 zone for Chesterfield Subdivision No.1 by Centennial Development, LLC _ east of North Black Cat Road and south of West Pine Avenue: ~vo<.- 14. FP 05~053 Request for Final Plat approval for 3 commercial building lots on 11.28 acres in a R-8 zone for Champion Park Subdivision No.4 by Hillview Development Corporation - west of North Eagle Road and north of East Ustick Road: ~jlroPf/'-(/ ILl' tf..~~~ .,k .F-hLf',? ~ 15. FP 05M052 Request for Final Plat approval for 81 single family residential building lots and 5 common lots on 20.25 acres in a R-8 zone for Ventana Subdivision No.2 by Ventana, LLC - north of McMillan Road on MeridIan Road: A.r~rrv/r.e "Although the City of Meridian no longer requires sworn testimony, al/ presentations before the Mayor and City Council are expected to be truthful and honest to best of the ability of the presenter. " 16. Public Hearing: AZ 05~019 Request for Annexation and Zoning of 10.9 acres from RUT to C-G zone for Dorado Subdivision by KImball Properties, LLC - NWC of South Eagle Road and East Overland Road: ~~ IfiJ ~~d- 17. Public Hearing: PP 05~024 Request for Preliminary Plat approval for 16 commercial building lots on 10.9 acres In a proposed C-G zone for Dorado Subdivision by Kimball Properties, LLC - NWC of South Eagle Road and East Overland Road: ap-~v-<- ptJ A~4d..-J 18. Public Hearing: CUP 05~031 Request for conceptual approval of a Conditional Use Permit for a Planned Development for approximately 110,000 square feet of hotel, commercial, retail and restaurant uses (some with drive-thru windows) in a proposed C-G zone for Dorado Subdivision by KImball Properties, LLC - northwest corner of South Eagle Road and East Overland Road: ~v-e ti.s a~ 19. Public Hearing: RZ 05~009 Request for a Rezone of 4.53 acres from I-L to C-G zone for Porky Park Subdivision by VJ Joint Venture _ south of Pine Street and east of North Eagle Road: ~~ a4 a~,,--, Meridian City Council Meeting Agenda - August 16, 2005 Page 4 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 20. Public Hearing: PP 05~026 Request for Preliminary Plat approval of 15 commercial building lots on 34.56 acres in proposed C-G zone for Porky Park Subdivision by VJ Joint Venture - south of Pine Street and east of North Eagle Road: a~V't- "or ~~<<., 21. Public Hearing: CUP 05~032 Request for CondItional Use Permit approval for the operation of a public charter school in a L-O zone for Compass Public Charter School by Compass Public Charter School _ 2511 West Cherry Lane: ~/'fN'P"..e- J"/~ -I e-I..t Edr ~v~ 22. Public Hearing: AZ 05~025 Request for Annexation and ZonIng of 5.47 acres from RUT to R-4 zone for Meridian Hiah School by Hummel Architects - 1900 West Pine Avenue: ~f/l.<.- .PIt: {- c/..f ~ Itrrvv~ 23. Public Hearing: VAC 05~010 Request to vacate 16 foot right of way easement on Lots 1-9, Block 1 of the amended plat of the TownsIte of Meridian for Meridian Creamery by Zeke Johnson - 27 East Broadway Avenue: I).-fJfJN1~ -F/.c Icl.-e ~ It.~vd / r..c(Anvo.~~;:""-f" Jfr:H..!J 24. Ordinance No. 05~1170 Repealing Existing Zoning and Subdivision Regulations Codified at Title 11 and Title 12 of the Meridian City Code; Re~Enacting a New Title 11 To Be Known As the Unified Development Code (2nd of 3 Readings): 2"'!! ~~ 25. Ordinance No. 05~1171 : Enacting a New Provision of the Unified Development Code Pertaining to Development Along the State Highways to Be Codified at Title 11, Chapter 3, Article H of the Meridian City Code; Adding a New Definition of the Term "Approach" to Title 11, Chapter 1, Article A, Section 1 of the Meridian City Code (2nd of 3 Readings): 2^3 ,..~~~ 26. Ordinance No. &5" - 1/12- RZ 05~007 Request for a Rezone of .13 acres from R-8 zone to 0- T zone for Meridian Counselina & Wellness Center by Ruth & Jeff Ulmer - 934 East 5tn Street: If..r;rrv-- Meridian City Council Meeting Agenda - August 16, 2005 Page 5 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. September 2,2005 MERIDIAN CITY COUNCIL MEETING APPLICANT September 6, 2005 ITEM NO. 5-8 REQUEST Approve Minutes of August 16, 2005 City Council Regular Meeting 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: #1 yvu.;/ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at publfc meetings shall become property of the City of Meridian. Meridian Citv Council Meetina Auaust 16. 2005. The regular meeting of the MerIdian City Council was called to order at 7:03 P.M., Tuesday, August 16,2005, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Keith Bird, Shaun Wardle, Charlie Rountree, and ChrIstine Donnell. Others Present: Ted Baird, Will Berg, Anna Canning, Bill Musser, Kenny Bowers, Len Grady, Doug Strong, Stacy Kilchenmann, and Dean Willis. Item 1: RolI~call Attendance: Roll call. --L Shaun Wardle ~Christine Donnell X Charlie Rountree X Keith Bird - --X- Mayor Tammy de Weerd De Weerd: Good evening. I would like to go ahead and open the regular City Council meeting and call it to order. It is Tuesday, August 16th, it is five -- oh, it's not quite five minutes after 7:00. But we apprecIate you joining us here tonight and I will start with roll call attendance. Mr. Berg. Item 2: Pledge of Allegiance: De Weerd: Tonight we will be led in the pledge by Cason. He is with Troop 198. If you will all rIse. Item 3: Community Invocation by Pastor Bud Henthorn, with Meridian Gospel Tabernacle: De Weerd: Cason, I would like to give you a pin for leading us tonight. Thank you. Okay. Item No. 3 is our community invocation. I would invite you to join us in the community invocation or take this opportunity for a moment of silence. We will be led by Pastor Bud Henthorn with the Meridian Gospel Tabernacle. Henthorn: Heavenly Father, we have so much to be grateful for this evening, your abundant blessing and provision in our lives is just amazing. God, as we come together to manage the prosperity that you have given to this community, we pray, Lord, that you would help us to live as people who highly regard your justice. Help us, Lord, who have received mercy also to be people who are merciful. And, Lord God, as all these blessings are from your hand, we pay that you would cause us to walk humbly tonight. We ask thee to bless these proceedings with your presence, with your wisdom, and with your direction, In Jesus' name, amen. Item 4: Adoption of the Agenda: Meridian City Council August 16, 2005 Page 2 of 58 De Weerd: Thank you. Item No.4, adoption of the agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: We have some changes, but we will -- on the -- we want to move Consent Agenda item C to 7-C on the regular agenda. Consent Agenda L, M, N, 0 is resolutions and they start at 05-482 and go through 05-485. And also Item P is 05-486, resolution number. And, then, the regular agenda we got an ordinance number, 05-1172, which will be being read. With that I move that we approve the agenda as revised. Wardle: Second. De Weerd: Okay. The motion is to approve the agenda as revised. All those in favor say aye. Okay. All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 5: Consent Agenda: A. Approve Minutes of June 7, 2005 City Council Special Meeting: B. Findings of Fact and Conclusions of Law for Approval: VAR 05~011 Request for a Variance to allow a second free-standing monument sign on the same street frontage for Kina Electric Sians for King Electric Signs - 2200 South Cobalt Pointe Way: D. Findings of Fact and Conclusions of Law for Approval: AZ 05~ 018 Request for Annexation and Zoning of 29.18 acres to R-4, R-8 & R-15 zones for Westborouah Sauare Subdivision by JLJ Enterprises, Inc. - SEC of Jericho Road and Chinden Boulevard: E. Findings of Fact and Conclusions of Law for Approval: PP 05~ 020 Request for Preliminary Plat approval for 7 building lots and 1 common lot on 5.39 acres in a proposed R-15 zone for Westborouah Sauare Subdivision by JLJ Enterprises, Inc. - SEe of Jericho Road and Chinden Boulevard: F. Findings of Fact and Conclusions of Law for Approval: CUP 05~027 Request for Conditional Use Permit I Planned Development approval of a mixed-use development consisting of 10 multi-family buildIngs and 6 office buildings with multiple buildings on a single lot and a waiver of the street frontage requIrement In a proposed R- Meridian City Council August 16,2005 Page 3 of 58 15 zone for Westborouqh Sauare Subdivision by JLJ Enterprises, Inc. - SEC of Jericho Road and Chinden Boulevard G. Approve New Beer and Wine License for Quick Stuff - 3010 Goldstone Drive East: H. Revised Amendment to Historic Preservation Consultant Aareement: Agreement for Construction Services with Walt Morrow Construction. Inc.: J. License Aareement with Namoa & Meridian Irriaation District for Castlebrook No.4 & 5: K. Chanae Order No. 1 (Final) for WWTP Headworks with Ewina Com panv: L. Resolution No. Adopting Mavor's Youth Advisorv Council Resolution No.1 Supporting the Efforts of the Blueprint for Good Growth and Encouraging the Meridian City Council to Develop a Comprehensive Plan for Sustainable Growth: M. Resolution No. : V AC 05-006 Request for a Vacation of a private road known as E. Herons Crossing Lane and MerIdian City sanitary sewer easement for Quenzer Commons Subdivision No.9 by Brighton Investments, LLC - west of North Locust Grove Road and north of East Ustick Road: N. Resolution No. : VAC 05~007 Request for a Vacation of a portion of the 10-foot wide easement centered on the interior common lot line of Lots 1 and 2, Block 2, Olson and Bush Industrial Park Subdivision by Dennis Kelley & Walter Sigmont - 3131 East Lanark Street: O. Resolution No. : V AC 05~008 Request for a Vacation of platted utility easements of Lots 16, 17,21-27, Block 2 of Honor Park Subdivision No.3 by Franklin I Stratford Investments, LLC - south of East Franklin Road and west of Stratford Drive: P. Resolution No. : VAC 05~009 Request for a Vacation of the public utility easement on Lot 8, Block 20 of Paramount Subdivision No.4 by Paramount Development, Inc. - south of Chinden and west of Meridian Road: Meridian City Council August 16, 2005 Page 4 of 58 De Weerd: Item 5 is the Consent Agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move that we approve the Consent Agenda with the reVIsion of moving Item C to 7 -C on the regular agenda and includes passing Resolutions 05-482, 05-483, 05-484, 05-485, and 05-486, and for the Mayor to sign and the clerk to attest on all proper papers. Wardle: Second. De Weerd: Okay. The motion is to approve the Consent Agenda. I would like to make special notation on Item 5-L, which is the ResolutIon 05-482. This resolution was brought to you by the Mayor's Youth Advisory Council in support of the Blueprint for Good Growth. Primarily, they wrote this resolution and they felt very strongly about the efforts by the Blueprint and the need for original cooperation and so I just wanted to make special notation of that. They took a bold step out of a comfort zone to endorse this effort to you all. Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, absent; Wardle, yea; Donnell, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 6: Department Reports: A. Finance Department - Stacy Kilchenmann 1. FY05 Budaet Amendment: De Weerd: Thank you. Okay. Item No. 6-A is our Finance Department report. Stacy. Kilchenmann: In front of you I gave you a handout that has the FY05 budget amendment, which is what we are here to talk about tonight. I'm not going to go through the entire detail of it, I'm going to try to make it understandable, which it's kInd of complicated. But the first -- we divided it up for ease of understanding by fund, separating the Park Impact Fund and the Capital Improvement Fund out of the General Fund, even though they are part of it, and so in the General Fund -- I will just start WIth the bottom line, which is that we actually increased the budget by four hundred -- we actually increased it by 800 -- by another 489,936 dollars. If you take out the fire station expenditure and revenue -- and all that is is that we had budgeted revenue for the fire station and expenditure for the fIre station and it didn't happen, so we took it out, and we won't rebudget It, because the rural fire is going to pay the contractors directly. The other items that we actually increased the budget for, which are listed in the real small Meridian City Council August 16, 2005 Page 5 of 58 tiny red print, we had the ability to increase our revenue to cover that, so the net effect, bottom line, to the General Fund is revenues, balanced expenditures. So, we didn't go into the fund balance. And we didn't -- when we do this, we don't increase the revenues to the total amount that we will get, we just increase them to cover the expenditures. So, I guess are there any questions on the General Fund side? Do you want me to go through the detalls of the changes we made? De Weerd: No, I don't think that will be necessary, Stacy. Kilchenmann: Okay. The next fund is the Park Impact Fund and the bottom line for the Park Impact Fund is that we did go into the fund balance by 202,429 dollars. In other words, the amount that we were able to increase our revenues to increase -- to cover those increased expenditures, weren't enough, so we still had to go into the fund balance. And they are listed below, decisions that you have made throughout the year for projects that we wanted to get completed. So, then, any questions about the Park Impact Fund? De Weerd: Any questions, Council? Bird: I have none. Kilchenmann: Then, the next one is the Special Services Fund, which is the building department, economic development, and planning and zoning and one item that we did that -- I don't -- I don't think you have talked about is economic development got 31,000 dollars in donations. So, we Increased our revenue by that, because we hadn't budgeted for it. I think that's going to be used for advertising, so we increased the expenditures correspondingly. The rest of it is all increases for the increase in building permit sales and the court -- well, the cost don't -- are less than revenues, so we just increased the revenue to cover the cost. So, in the Special Services Fund there is no net increase or decrease to the fund balance -- or there is no net decrease. So, any questions on that one? De Weerd: No. Kilchenmann: Capital Improvement Fund there was no change. The Enterprise Fund, the big impact to the Enterprise Fund is that we decided to pay the latecomers expenditures -- we decided to pay the latecomers off, but our assessment revenue, we were able to increase that so much that there was no impact and, additionally, we could -- if you remember last year, we budgeted the used fund balance for some of the Enterprise Fund projects. We were able to decrease the amount that we were getting into the fund balance by 3.99 million dollars. The other big -- well, a bigger one or one that we had as we increased the water meter expense, because we decided to use a different kind of -- because of the growth and the need for the meter, again, that revenue balances out with expenditures. In the capital outlay portion, there is just a lot of transfers between projects. We also transferred -- water had excess carried forward that they didn't need. Wastewater didn't have enough, so we made a transfer within Meridian City Council August 16, 2005 Page 6 of 58 that fund from water to wastewater. The bottom line is we did -- there was 450,000 dollars in the capital outlay that wasn't covered -- that we couldn't cover by making transfers and that was because of the decision to extend the North Black Cat Trunk. So, the bottom lIne for the entire city is that we went from a 60 million -- a 60.7 million dollar budget to 68.2 million dollar budget. That very bottom tiny number at the bottom of the page. So, are there any questions about the Enterprise Fund? De Weerd: Stacy, thIs format is much easier to follow. Appreciate that. Kilchenmann: Hopefully some day we'll figure out -- we will just put it on more pages, so the print IS bigger. Bird: Just keep it like this. Kilchenmann: It will just be tinier and tinier. Bird: No. No. Don't keep it tinier, just keep it this simple. Kilchenmann: Okay. We try. We worked on it all day to make it simple. Bird: I'm a simple person, so -- De Weerd: Any questIons for Stacy? Donnell: Good job. De Weerd: Thank you. Stacy, I'm assuming we will need a motion from Council to amend the budget. Kilchenmann: Yes. Right, WIll? De Weerd: Mr. Berg. Bird: I don't think so. Berg: Madam Mayor, I don't know if you approve this, because we will have to have a Public Hearing and, then, we will adopt an ordinance amending the budget, but you could approve this recommendation tentatively to go into the Public Hearing. It's not quite like we approve a tentative budget. De Weerd: To put it up for public notice? Berg: Correct. But I do have to notice the amendments to the budget for the Public Hearing. De Weerd: So, you will just use this document to public notice the -- Meridian City Council August 16, 2005 Page 7 of 58 Berg: Sure. And I would say a consensus of the Council to approve these amendments to go into -- for the Public Hearing would be appropriate. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I'd move that we send this amended '05 -- fiscal '05 budget forward to be publicly heard on August 30th Public Hearing. Donnell: Second. De Weerd: Okay. Motion is to approve -- and Mr. Berg. Berg: I'm sorry, Madam Mayor, but the day would have to be somewhere in September 6th or 13th. There is not enough days to notice It properly, so it will not be -- Bird: I'll change that from August 30th to September 6th. Donnell: Second concurs. De Weerd: Okay. Motion to -- so, September 6th is the date and that's plenty of time, Will? Berg: Yes, Madam Mayor. I have two weeks to notice it. Yes. De Weerd: Okay. All those in favor say aye. Okay. All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. B. Planning and Zoning Department - Anna Canning 1. Request for Waiver of Fence Waiver Aoolication Fees for Rvan Warwick: De Weerd: Item 6-B is our Planning and Zoning Director, which we have taken out the zoning part. It's our planning department. Canning: Madam Mayor, Members of the Council, the request before you is to waive a fence -- waive the application fee. And that fee is 50 dollars. The issue -- well, I don't want to get into the issue, because it -- you might see it again. But It's -- the fence is located on Wingate Lane. Through other public testimony it was brought to our attention that perhaps this fence didn't meet the setback requirements. Code enforcement went out, checked it, it's 18 and a half feet from the right of way, instead of 20 feet The property owners that are there purchased the house with the fence. They Meridian City Council August 16, 2005 Page 8 of 58 have agreed to submitting the application, but they are asking for a waiver of the 50 dollar fee and the zoning ordinance gives -- only gives Council the authority to waive fees, so -- De Weerd: Okay. And, Anna, do you have a recommendation? CannIng: Given that they obtained a building permit for this and the building permit was -- or the fence did pass inspection, yes, I would recommend waiving the fee. De Weerd: Okay. Thank you. Council, any questions? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Anna, as I understand, our department went out there and inspected this fence after it was constructed; right? Canning: Yes, sir. And we did check with the building department. Apparently the building department checks the structural integrity of the fence, not as to whether it meets the setbacks. That may be something we need to discuss with them, I think. Bird: Isn't that part of -- isn't that part of your application is the setbacks and everything? Canning: You know, I have never actually seen a fence application for the city, but it should include setbacks, because that's definitely part of the code, is that they have to be 20 feet back. Bird: I was one of the fortunate ones that got to sit on the fence committee for about three years and it is part of It. De Weerd: Well, Council, any further discussion should be held -- if there is an appeal, you will be hearIng this, so-- Bird: Okay. Madam Mayor, I will make a motion that we waive the 50 dollar fee for Mr. Warwick on 2642 North Lapis Avenue in Packard Acres SubdIVIsion NO.2. Wardle: Second. De Weerd: Okay. The motion is to approve the waiver of the fee. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. C. Parks and Recreation Department - Doug Strong Meridian City Council August 16. 2005 Page 9 of 58 1. Update on Messina Meadows Parks and Recreation Decision: De Weerd: Okay. Item 6-C. Mr. Strong. Strong: Thank you, Madam Mayor, Members of the Council. At our August 10th Parks and Recreation CommissIon meeting we had the developer's representative for the Messina Meadows Subdivision and the neighborhood park that's being proposed in that subdivision come before the commission and discuss the proposed park in that subdivision and answer questions and concerns that the commission had. Following some lengthy discussion and being able to answer theIr concerns regarding drainage issues and quality of land issues with the proposed park, the commission voted to recommend that the city accept the neighborhood park as a city park. So, that's what I'm brInging forward to you tonight is their recommendation. With this -- I may add, that the developer -- developer's proposal is to donate the land and the green up of the park. De Weerd: Okay. Strong: And that would have to be identified in the agreement later developed by our attorney's office. De Weerd: Mr. Baird, I guess Council discussed this last week and still decided to maintain the same course. Baird: Correct. Madam Mayor and Members of the Council, you did have a request for reconsideration from the parks commission, who discussed the matter the day after you heard this as a Council. It was your decision as a group to not act on that request for reconsideration and to approve the findings as written, which did not include accepting the park as a city park. All that you have before you, really, is a report from the park's board that they have received more information and that their minds were changed that they believe now with the additional information, that this site does fit the current Comprehensive Plan for neighborhood parks. So, if you do nothing, your decision will stand. If you want to have staff fulfill the recommendation, if you want to adopt the recommendation of the park's board, all that we would be looking for is a motion for staff to bring forward property amendments such that at the time the final plat is signed, that we would have agreement in place that would brIng this -- the park into the cIty, deeded to the city as a city park. De Weerd: Okay. Thank you. Council, any discussion? Donnell: Madam Mayor? De Weerd: Mrs. Donnell. Meridian City Council August 16, 2005 Page 10 of 58 Donnell: Mr. Strong, when the developers met with the parks commission, did they speak to the placement of the park in that development? Strong: Madam Mayor, Councilwoman Donnell, they did and the location of the park in the development fits the Comprehensive Plan that recommends a neighborhood park be in the center of the neighborhood and they pointed -- they made reference to the Comprehensive Plan guidelines that were followed for the placement of the park. Donnell: Thank you. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Doug, how dId the quality -- the drainage and quality of land change? DId they stay on the same eight-acre area or not? I didn't -- I was not here when this was passed, so how did that change in a month? Strong: Madam Mayor, Councilman Bird, actually, the park remains where it was initially proposed. The drainage system that they are using out in that area -- and I don't -- I don't recall what they call it, but it's the -- alongside the road there is -- Bird: Swale. Strong: -- the swales that apparently are part of the design to take the drainage away from the area and the land quality issues were addressed satisfactorily with the commission, so-- Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: Mr. Strong, I'm trying to recall the discussion at the Council level, but I don't believe we ever discussed specifically the quality of the piece of property. We focused mainly on location, amenity, and those sorts of things. And so were there any of those types of discussions at the parks commission level? Strong: Madam Mayor, Councilman Wardle, there were -- and, actually, the July Parks and Recreation Commission meeting when we went into executive session, there was some concern expressed about the quality of the land, which I thought came from Council discussion, but I don't know whether Councilwoman Donnell can recall that discussion or not, but it came up in -- in that executive session dIscussion and -- Donnell: It did. Strong: -- I don't know that the detail -- Meridian City Council August 16, 2005 Page 11 of 58 De Weerd: I think probably the whole site was of concern, because of the hIgh water table. There -- I believe in the letter from the Parks and Recreation Commission, they all cited concerns of the housing on the west side. They also suggested that there was some land that seemed more appropriate to a setback or buffer that was beIng used as park land credit. So, I think they had indicated a number of issues that they had concerns with, so they feel comfortable that all of those Issues have been addressed without any redesign. Strong: Madam Mayor, Members of the Council, they did talk about redeSIgn and there was a lot of discussion around moving the park elsewhere and so forth. But the developer's representative I think addressed those questIons to resolve their concerns and also expressed that at this point in the process that a redesign of where the park would go In the development would not be a practical way for them to go, just because of the cost that they have already put into the development of the property, so -- BIrd: Madam Mayor, can I ask another question? De Weerd: Uh-huh. Mr. Bird. Bird: Doug, what -- now, on this park, we are going to -- we are proposing to take it over -- or the parks commission is. Who is going to -- are we just going to green it or are we going to have a tot lot in there -- what are we going to have in there and who is responsible for doing that? Strong: Madam Mayor, Councilman Bird, what's being proposed is that -- again, that the land would be donated to the city and the green up, which means irrigation system, grass, curb, gutter, sidewalk, I believe, and, then, all the hard-scape, restrooms, shelter, playground, basketball court or tennis court, whatever other hard-scape features would go in the park, would be at the city's expense. However, the developer would be interested in building them and some agreement with park impact fee payout, however that could be arranged. Bird: Are they getting impact fee credits for that eight acres? Strong: No. Bird: They are just donating the land and, then, they will be glad to work with us and build for us at their cost. Donnell: Yeah. Strong: Yes. De Weerd: Donating the land, greening it up, is -- did they address parking? Because parking was also an issue. Meridian City Council August 16, 2005 Page 12 of 58 Strong: Madam Mayor, Members of the Council, we didn't -- we didn't talk specifically about parking and design, that's a design consideration that I thInk we can certainly address as we finalize a park design for where things are placed and whether -- I think their initial proposal was that on-street parking would be the way to go there, because of the length of street frontage they have, but I think there is concerns about that, I believe, and possible zoning compliance issues with that. So, it would be a matter of a parking lot inside the park, like we have with our other neighborhood parks. The reason they were proposing on-street parking, I think, was to leave more green space in the park, thinking that there would be adequate parking spaces along the street to, essentially, keep more available to the neighborhood as far as just green space. But that's a design issue that I think we'd need to address as we build the park. Canning: Madam Mayor, Members of the Council, Mr. Strong, there was also a question about whether it would be parallel parking, which we would normally see on that kInd of street, or pull in 90 degree parking or angled parking and that's where the zoning concerns came in, if it was going to be something other than a parallel parking, that's when we were concerned. But we hadn't heard about it or addressed it yet. Strong: That's correct. There is space inside the park, certainly, to develop a parking lot, lIke we do with all our other neighborhood parks. I think what was being proposed by the developer that we may have the opportunity with this particular site to leave more green space in the park, if we could find other alternative parking on the street. Donnell: Madam Mayor? De Weerd: Yes, Mrs. Donnell. Donnell: So, just a point of clarification If the city accepts this as a neighborhood park, then, we really are the ones that design what the park looks like, what It does, how parking is handled -- that's the city's decision and not the developer's? Strong: That's correct. Donnell: So, WIth that, if the city were to decide that they wanted to include parking in what is proposed as green space, rather than street parking, would the development still meet the green space percentage requIrement? Canning: Madam Mayor, Member of the Council, Council member Donnell, I don't have the numbers in front of me, but I'm guessing that it still would. I'm pretty sure It was over ten percent, so -- Donnell: It was. Thank you. Strong: I believe it's eight and a half acres that they are proposing. That's a pretty good size neighborhood park. Meridian City Council August 16, 2005 Page 13 of 58 Bird: Madam Mayor? De Weerd: Yes, Mr. BIrd. BIrd: One other question, Doug. An eight and a half acre park in the middle of a large subdIvision, who does that really benefit? Strong: Madam Mayor, Members of the Council, and Councilman Bird, actually, In our Comprehensive Plan descriptIon of the neighborhood park, it -- the neighborhood park is recommended to go in the center of the neighborhood to seNe primarily the neighborhood in a -- in I think a mild radius of that neighborhood. So, it's not intended to seNe certainly a regional need or anything, but primarily the neighborhood, and that's going to be a fairly substantial size neighborhood. Bird: And that's what I'm getting at is the fact that we've got some little neighborhood parks around here and it isn't financially feasible for us to run around and take care of. The homeowners have done it. In our night out in August -- the first of August, we got to see a couple of real nice little neighborhood parks that not only act as a nicer greened up neighborhood park, but also as a drainage field, and it's -- they are ran by the homeowners association and unless something was to change or -- you know, if it was a 30 or 40 acre park that the whole community would be Involved in, like a Bear Creek or Tully or something like that, I could understand it, but just an eight and a half acre park inside, I think, we would be better off to leave it to the homeowners and the developer and let them do it, let them take care of it. De Weerd: As it is that is -- Bird: That's the way I understand it. De Weerd: -- where we are at. Anna, I guess you're somewhat disadvantaged, because you don't have this in front of you, but did they not have any amenities planned for that park? Canning: No. They had another private recreation area just across the street that had the homeowners association pool and, then, they had a number of walking trails and other open space. I'm sure that just the quantity of open space was okay and, then, they had amenities elsewhere. I remember specifically where the pool site was. I don't remember if they had another tot lot or anything like that. I don't thInk they did. I remember they were going to improve the canal along the north of the property, so that it was open and a nice running kind of creek type thing. Donnell: Madam Mayor? De Weerd: Mrs. Donnell. Meridian City Council August 16, 2005 Page 14 of 58 Donnell: [certaInly concur with Councilman Bird in terms of who it really serves, but -- so I have wrestled with this over time -- little short time that I have been on the Council and as I thought about these parks that become, essentially, neighborhood parks, I have had the concern that, again, the homeowners around that park think that it belongs to them and not to anyone else. But, on the other hand, these parks serve a purpose to provide that kind of space, instead of those folks going to another park that is perhaps more regional in nature. Am I making much sense? So, we are takIng, you know, a group of people from -- that might otherwise take advantage of a regional park and providing closer area for them to take advantage of. So, I have kind of come around in my thinking about these parks. But I do want to ask Mr. Strong one more question and that is I know that Elroy attends the commission meeting and I was unable to attend this last time, so, you know, I didn't listen to the discussion, but does he feel. as park superIntendent, that that one more small park is able for the city to manage and maintain and include in their acres of park? Strong: Madam Mayor, Members of the Council, Councilwoman Donnell, he sees no problem with maintaining this park and, actually, I think maybe a way to draw a parallel that -- kind of what you're describing is that I live in between Chateau Park and Tully Park and those two parks serve dramatically different purposes for that area of town. Chateau Park, if you want a quiet place to go and picnic IS much more desirable than going to Tully Park, particularly when there is a lot of skateboarders and baseball games and people playing basketball and volleyball and all the things that -- it's a much more active park. So, the intent of the different parks, neighborhood, regional parks, community parks, is to serve different purposes certainly. And that's how this one was addressed in the planning phase was to serve a neighborhood and it fits the criteria in our Comprehensive Plan to do that, so -- Donnell: Okay. Thank you. De Weerd: Council, I don't know if It will be beneficial, but, you know, this park is part of the plan and it's going to be built one way or the other. I guess what we gain as a public park should also -- you should have information on what the cost is to our taxpayers to maIntain the park and weigh the benefits and the cost. If you would desire that, we certainly can come back or certaInly -- I don't need to give you permission to make a decision, but if you want more information, certainly we can get that for you as well. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I feel-- actually feel very sorry for the developer at this stage of the game. We have had a number of decisions. This Council enjoyed the overall scope and feel of the subdivision, approved it based on what we saw. Left the decision up to the commission, came forward with a recommendation, that the city not take the park and, then, went back. And so I'm a little concerned with that and would like Director Strong to look at our process for future subdivisions that would be planning these sorts of things. I think Meridian City Council August 16, 2005 Page 15 of 58 that if we had had foresight on this, we wouldn't be here today certainly. I haven't seen anything today that would -- that IS different than our discussion last week and one of the other Council members who had a stronger opinion, I feel, of where that park was situated and so If you'd like to provide further information to the Council when we have a full compliment Council to discuss that, it would be my preference to not take action this evening on the recommendation from the commIssion. De Weerd: Okay. Do we need to bring the development agreement back just for that piece of consideration? Is that appropriate, Mr. BaIrd? Baird: Madam Mayor, Members of the Council, again, if this Council takes no action, everything's in place for the development to go forward and the property in question will be a private park for the subdivision. So, if you want to put off your decision, request more informatIon, if you want to hear from the developer, get the same presentation that the park board commission got, you can certainly do that. So, the realm of things for you to direct that you want to see is before you, but all we'd need to change direction is a motion from the Council. De Weerd: Okay. Council? Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: Certainly, again -- and not to belabor the point, but I feel that especially since we are looking at a donation by an individual and that it would -- if we could find it appropriate In some part of our process, Mr. Baird, to bring forward again for additional information which we didn't hear in our past hearing and which we haven't been privy to via the parks commission, all we have in front of us IS two sentences as far as the parks commission. I'd like to hear a little bit more about why they changed their mind and how they feel it will benefit the community. De Weerd: Okay. Well, I will ask that staff bring back on the agenda the development agreement, ask the -- invite the developer to, please, join us to give the same response that he gave to our parks commission to the Council and, as well, if he can bring a fiscal analysis of this park property and what the cost will be, that would be good, too. Strong: Okay. De Weerd: Okay. Thank you. Strong: Thank you. Item 7. Items Moved from Consent Agenda: Meridian City Council Augusl16, 2005 Page 16 of 58 C. Findings of Fact and Conclusions of Law for Approval: AZ 05~ 023 Request for Annexation and Zoning of 39.47 acres from RUT to C-N zone for Cherry Lane Christian Church by BRS Architects - NWC of Ten Mile Road and Franklin Road: De Weerd: Okay. Item C was moved from the Consent Agenda, so we do have an e- mail from Steve Pardeau in front of you, item with clarification. Anna, do you need to make comment on any of these items? Canning: I can make -- Madam Mayor, Members of the Council, I can make comment on items one and three. There are two Exhibit C's attached. One follows Exhibit D. I'm not sure that -- it appears to be an old copy of Exhibit C. So, the first Exhibit C would be correct. And, then, regarding the incorrect name. Of course, they are right, they are Cherry Lane Christian Church and not Presbyterian of Boise. De Weerd: Okay. And, Len, do you have a comment on item two? Grady: Madam Mayor, we have been in negotiations with the church for -- off and on for several months to try to get easements put through there and it's always been our intention that the city go ahead and construct the sewer line through their property, so that we can meet ACHD's deadlInes for paving Ten Mile and Franklin, so -- De Weerd: Okay. Grady: That hasn't changed, to my knowledge. De Weerd: But that can be clarified as well. Grady: Yeah. De Weerd: So, as the changes are not major, Mr. Baird, can Council go ahead and move on this with the changes? Baird: Madam Mayor, Members of the Council, that's correct. These are merely clarifications, so you can make a motion to adopt that item with the clarifications that you have discussed on the record this evening. De Weerd: Okay. Okay. Council? Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move that we adopt Item 7C, with the recommended changes that we have discussed on the record this evening. Meridian City Council August 16, 2005 Page 17 of 58 Donnell: Second. De Weerd: Okay. Motion to approve. Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, absent; Wardle, yea; Donnell, yea. Item 8: MOTION CARRIED: THREE AYES. ONE ABSENT. Item 9: Item 10: Item 11: Reauest for Reconsideration of Silver Oaks Subdivision Annexation I Rezone Request and the accompanying Preliminary Plat and detailed Conditional Use Permit Applications: Order for Denial: AZ 05~016 Request for Annexation and ZonIng of 28.65 acres from RUT to R-15 and L-O zones for Silver Oaks Subdivision by Charter Builders, Inc. - north of West Franklin Road and west of North Ten Mile Road: Order for Denial: CUP 05~O~4 Request for a Conditional Use Permit for a Planned Development for multi-family / clubhouse I office / daycare development with no minimum street frontage and multIple buildings on a single lot on 28.65 acres in proposed R-15 and L-O zones for Silver Oaks Subdivision by Charter Builders, Inc. - north of West Franklin Road and west of North Ten Mile Road: Order for Denial: PP 05~023 Request for Preliminary Plat approval for 1 multi-famlly residential building lot and 1 commerCIal office lot on 28.6 acres in proposed R-15 & L-O zones for Silver Oaks Subdivision by Conger Management Group - west of Ten Mile Road and north of West Franklin Road: De Weerd: Okay. Item NO.8 is a request for reconsideration. Mr. Baird or Anna, who is opening on this? Canning: Madam Mayor, I do not have a presentation prepared. Generally, the applicant does those, if Council wants to hear from them. Baird: And Madam Mayor, Members of the Council, if I could just add a little bit of procedural groundwork here. You do have a letter from the applicant's representative requesting reconsideration. According to the Robert's rules, the reconsideration can be granted only if the motIon is made by one of the individuals who was the moving party and last week the motIon was to deny and it's my understanding that Councilmember Bird and Councilmember Rountree were the two individuals who voted in the affirmative on the motion to deny. So, those are the two individuals who could, in fact, request to grant this reconsideration. If there is no motion, then, we go forward to Items 9, 10 and 11 for you to act on tonight. Meridian City Council August 16, 2005 Page 18 of 58 De Weerd: Okay. Thank you. So, you do have a letter of reconsideration requested in front of you. Mr. Bird, I guess if you would entertain that or if you would like the -- Bird: I'll listen to the developer, if It's okay with you, Mayor. De Weerd: Okay. Would the representative like to come forward? McKinnon: Thank you, Madam Mayor, Members of the Council. Dave McKInnon, 735 South Crosstlmber. Thank you for giving me the opportunity to talk tonight. I wasn't sure we would have that opportunity. Last time I tried to be brief and I don't thInk we had an opportunity to discuss all the issues that were relevant In the project that was brought before you. I know there is some concerns -- concerns that were voiced by members of the Council and we have gotten together and we have looked over those concerns, we have talked about the Comprehensive Plan and what it means to the City of Meridian and how this pIece of property relates to the Comprehensive Plan and possibilities for redevelopment of that piece of property in a manner other than high densIty. We talked about the density of this project and we agreed that we could come down in density and we decIded that we could remove three -- seven, actually, units from this project, which would drop the density from 12.5 11.5 units to the acre. We know that there has been a number of projects in Meridian that Meridian has not been happy with that are of four-plex project variety. I could name a few for you. The project behind B&D Supply. I believe there is probably not a positive response to what's happened in front of Mountain View High and possibly the project that's happening at Ten Mile and Pine. In designing this project, we looked at those and we decided those were not something that we wanted to emulate In the city. Those were not projects that we wanted to reproduce in the City of Meridian after there has already been a number of projects like that. So, we decided to take the aspects that they didn't have and incorporate those Into our project by incorporating more open space, actually providing an amenity package that would include a club house, a theater, 3,200 square foot, a large park area that's centrally located, pathways, a larger percentage of open space within the project and to try to provide a mix of uses as well with the office uses that are next to the medium to higher density project. We also realize that the elevations that have been presented to you have not necessarily always been built. The elevations that we presented as part of our ConditIonal Use Permit included a large percentage of the area which windows were faCIng, so they don't have a barracks appearance. There is a large percentage of glazing on both the front, rear, and side facing elevations. I have copies of those tonight. If you wanted me to present those to you I could show those to you again. We could put them on the overhead if it's available. We felt that after touring those other areas, that this product would actually be a much nicer product than the product that you have already seen. We have been working closely with the church. You should have also received a letter from the church, the Cherry Lane Christian Church, that was the project that you just recently discussed that wasn't the Presbyterian church. We have been working with them closely and providing a shared use of the utilities, the water and sewer services would be jointly coming through the Silver Oaks project and, then, through Cherry Lane project and easements would be granted for both projects through this, as Len pointed out earlier tonight. There was Meridian City Council August 16, 2005 Page 19 of 58 some concerns, I believe, that were voiced, but not necessarily discussed a great deal about the traffic. There was a traffic study that was prepared for this project and there was also a traffic study that would take Into consideration the issues that were brought up with the church and their large parking lot, where they believe they will have 2,000 people in attendance. Their volume of traffic is much greater than the volume of traffic created by this project and we believe that -- we have worked with your staff, staff is in support of this project and we have worked well with your staff on this project. And the Planning and Zoning CommIssion, the only major issue was whether or not we should have a public street that went east-west through this project and we agree that it should be a public street and provide a cross-access or basically a stub street to the property to the west, which is also high density in nature. In working with the church and with ACHD, there has been some discussion and it's also included in the ACHD report for the church that In the future this main access road would be shared between the two projects, would be a location, possibly, for a future traffic signal and that would be in benefit to both projects, but it's also one of those requirements that's based upon meeting warrants and traffic warrants and one of the ways to meet that traffIC warrant is to have a volume of traffic at different times of the day, not just on Wednesday nights and Sunday, youth meetings and Sunday mornings, that you would have with the church. So, this would be something that would be jointly beneficial to everybody together. I know that Commissioner -- or Councilman Rountree is not here tonight and, Keith, it is a burden on you to make a motion one way or the other. I know that nobody else has that opportunity. We have trIed to do what we can for the city. The city has come forward and said this is what we'd like to see here and we have tried to provide the city with what they have asked for. We have tried to provide more open space and provide something that's of benefit to the city. This Comprehensive Plan was put together to provide this -- thIS is a higher density housing in a location that would be benefIcial to the city. It will be located near an intersection that will be greatly improved in the future at Franklin and Ten Mile and be directly -- just I guess directly north of the Ten Mile interchange. With that I'd ask if you have any questions of me on this. Please consider our request for reconsideration tonight. Bird: Thank you. De Weerd: Thank you. McKinnon: Do you have any questions for me? Bird: I have none. McKinnon: Thank you. De Weerd: Thank you. Bird: Madam Mayor? De Weerd: Mr. Bird. Meridian City Council August 16, 2005 Page 20 of 58 Bird: Seeings how I'm the only one that can bring forward a deal -- a motion to accept this or deny this request for reconsideration, with Councilman Rountree not here, I would definitely move that we reconsider the Silver Oaks Subdivision annexation, rezoning request, and the preliminary plat and conditional use applications and that would be Items 8, 9,10 and 11 on our agenda. Wardle: Second. De Weerd: Okay. So, this is just for a reconsideration. Bird: Yes. De Weerd: And to put it back on the agenda for public comment. Bird: Madam Mayor, if I could? De Weerd: Yes, Mr. Bird. Bird: This in no way -- I just feel that with Councilman Rountree not here, that we should come back for a reconsideration, because I don't know how Councilman Rountree's ideal is and it no way means that -- that I personally am in approval of It again, it's just a way of letting the developer come back and bring back new ideas and stuff, because my biggest concern was the density. De Weerd: Thank you. We have a motion to place it back on the agenda. Do we need a date certain, Will? Berg: Madam Mayor, I would just instruct me to put it as a public hearing as soon as we get any corrected documents that we could do as part of the application process. De Weerd: Okay. Berg: It think the applicant understands that whatever is -- new sketches and new arrangements or whatever, that we would want to get it out to the agencies and such, as well as our departments and the public property owners. De Weerd: I don't need a roll call on this, do I? Berg: It's always good to have a roll call. De Weerd: Okay. Mr. Berg. Berg: Especially when we had a denial motIon before. Roll-Call: Bird, yea; Rountree, absent; Wardle, yea; Donnell, yea. Meridian City Council Augus116,2005 Page 21 of 58 Item 12: MOTION CARRIED: THREE AYES. ONE ABSENT. Item 13: Item 14: Item 15: FP 05~051 Request for Final Plat approval for 39 sIngle-family residential bullding lots and 1 common area lot on 8.75 acres in an R-8 zone for Paramount Subdivision No.9 by Paramount Development, Inc. - north of East McMillan Road and west of North Meridian Road: FP 05-050 Request for Final Plat approval for 72 single-family reSIdential building lots and 14 common lots on 17.88 acres in a R-8 zone for Chesterfield Subdivision No.1 by Centennial Development, LLC - east of North Black Cat Road and south of West Pine Avenue: FP 05-053 Request for Final Plat approval for 3 commercial building lots on 11.28 acres in a R-8 zone for Champion Park Subdivision No.4 by HiJlvlew Development Corporation - west of North Eagle Road and north of East Ustick Road: FP 05~052 Request for Final Plat approval for 81 single family residential building lots and 5 common lots on 20.25 acres in a R-8 zone for Ventana Subdivision No.2 by Ventana, LLC - north of McMillan Road on Meridian Road: De Weerd: Okay. So, that went through our Items 8, 9, 10 and 11. So, Items 12 through 15. Anna, do we have any that are not in agreement by the developers? Canning: No, Madam Mayor, I do not, but I need to clarify for the record on Champion Park Subdivision, the letter from the applicant requests that we remove the condition for a rezone and staff is in agreement with that condItion. It sounds like more than what it is. I had put that in there after consulting with Mrs. McKay, but, then, she consulted her client and the client didn't want to agree to that. So, we are fine taking it out. De Weerd: Okay. That was Champion Park? Bird: Yes. Canning: Champion Park. Did I not say that? De Weerd: I don't know. I thought I heard champagne. Maybe I'm somewhere else tonight. Okay. Is the representative here on that one item? And in agreement? Okay. Okay. I would consider a motion on Items 12,13,14 and 15. Bird: Madam Mayor? De Weerd: Mr. Bird. Meridian City Council August 16, 2005 Page 22 of 58 Bird: I move we approve FP 05-051, FP 05-050, FP 05-053, wIth the change as noted by the Planning and Zoning director, FP 05-052. Wardle: Second. De Weerd: Okay. The motion is to approve Items 12 through 15 with the amendment on Item 14. If there is no further discussion, Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, absent; Wardle, yea; Donnell, yea. Item 16: MOTION CARRIED: THREE AYES. ONE ABSENT. Item 17: Item 18: Public Hearing: AZ 05~019 Request for Annexation and Zoning of 10.9 acres from RUT to C-G zone for Dorado Subdivision by Kimball Properties, LLC - NWC of South Eagle Road and East Overland Road: Public Hearing: PP 05~024 Request for Preliminary Plat approval for 16 commercial building lots on 10.9 acres in a proposed C-G zone for Dorado Subdivision by Kimball PropertIes, LLC - NWC of South Eagle Road and East Overland Road: Public Hearing: CUP 05~031 Request for conceptual approval of a Conditional Use Permit for a Planned Development for approximately 110,000 square feet of hotel, commercial, retail and restaurant uses (some with drive-thru windows) in a proposed C-G zone for Dorado Subdivision by Kimball Properties, LLC - northwest corner of South Eagle Road and East Overland Road: De Weerd: Thank you. Okay. Items 16, 17 and 18 are public hearings on AZ 05-019, PP 05-024, and CUP 05-031. I will open these public hearings with staff comments. Canning: Madam Mayor, Members of the Council -- here we go. This project is Dorado Subdivision. It's located at the northwest corner of Eagle and Overland Road. And the applications that are before you tonight are annexatIon and zonIng, preliminary plat, and conditional use approval for a planned development. The annexation and zoning IS of 10.9 acres from RUT to a C-G zone. And the preliminary plat approval is for 16 commercial lots. The planned development is to allow a mix of hotel, commercial, retail and restaurant uses and some of those would have drive-thru facilities. There we go. The approximate square footage of commercial or mixed uses that will go on here is about 110,000 square feet. And as I said before, there would be 16 building pads. We do have a letter from the applicant on this one clarIfying some details with regard to the staff report and the conditions of approval and we are in agreement with those clarifications, they just are stated in a different way. Part of the -- sorry. Okay. The Planning and Zoning Commission recommended approval at their July 7th hearing. There were two neighboring property owners that testified at the hearing and that was Gale Sasser and Becky McKay for Engineering Solutions spoke for Don Hutt and they Meridian City Council August 16, 2005 Page 23 of 58 are both neighboring properties within the subdIvision immediately to the east. One lives here in this corner and one lives immediately adjacent to the L portion of the subject property. The key issues of discussion at the Planning and Zoning Commission were the landscaping of the gateway corridors along Eagle and along Overland and the fencing of the perimeter next to the residential area. These are currently residential uses, although this is very much a transitional neighborhood in that residential area. They also talked about the number and types of uses for the site, the flood plane designation and construction. There IS some flood plane issues at the north end of the property, although the applicant has done some engineered fill to bring up the level of the site, as I understand it. There was also discussion about lighting and setbacks of buildings and, then, a requirement of the development agreement for lots not subject to conditional use approval. And I'll briefly describe that issue, that currently these are residential uses, so, normally, we would see a much wider buffer between land uses along this whole western and perimeter. Because the area is in such flux, most of it has already been bought up by industrial developers or commerCIal developers, so that there was a -- very much a question as to what an approprIate buffer was in that area. What the planning commission has forwarded in their recommendation is that certain properties be subject to conditional use approval, so that they can resolve that issue, particularly with this last remaining residence here, at the time of CU approval as to whether a wider buffer should be appropriate. One of the proposed uses on the site is a hotel and we do have some elevations of that. You can see some of the building pads here. This is the hotel. There are a couple of outstanding Issues before Council. The applicant has recently -- recently had an opportunity to acquire some additional -- some left over right of ways from ACHD. They have more on Eagle Road and Overland Road than they currently need and were willing to vacate that. The applicant originally came to us wanting to amend the preliminary plat to reflect those new boundaries and I'm very concerned with that, because we don't have the consent of ACHD to change the plat at this time. What I don't have a problem with, though, is if Council would like to -- if the Council would like to base the setbacks off of the eventual boundary when the final plat comes in, I think that we can -- can make those adjustments and do that at the final plat stage, just understanding that the buffers would be measured not from the current property line, but if the property line goes out 12 feet, then, we could measure the buffer from the current -- or the future property line. So, that was the one remaIning issue. There were some left over issues regarding amenities. The applicant has not proposed any amenities as part of the PD and one of the concerns was that they would present those to Council tonight for suitable -- amenities suitable to this project. With that I will let the -- I'm just trying to read what Mr. Seal just handed me. It basically just talks still about the right of way and ACHD, but I'll let Mr. Seal describe the project more to you. Answer any questions you may have. De Weerd: Council, any questions for staff at this time? Bird: I have none, Mayor. De Weerd: Now, Anna, this is a gateway corridor, so they are meeting the -- and that IS why it's 35 feet? Meridian City Council August 16, 2005 Page 24 of 58 Canning: It is 35 feet. They did ask for alternative compliance along Eagle Road. They have this rIght-In, right-out and they asked that the width of that right-in, right-out be included within the 35 feet. So, you're not -- you're getting closer to I think 15 to 20 feet here, because of the long right-in, right-out lane. De Weerd: Okay. Thank you. Mr. Seal. And since I just called you forward, I still need your name and address. Seal: And I'm going to give it to you. Jonathan Seal, W.H. Moore Company, 1940 Bonito, Meridian. What I'd like to do first is just give you a little bit of overview of the project. Some of it may be a little bit redundant. I thInk Grandview Station -- we feel very proud of. We think it's going to be one of the focal pOInts in Meridian. We think it's going to be a real asset to the community. Winston purchased this land in the spring and the response in this project has been extremely encouraging. We think It's going to be one of the center points for both food, lodging, banking, and to a limited degree residential -- or retaIl. I'm sorry. This right here is a reSIdent -- or it's a Marriott hotel. It is a residence suites type of thing. It's the type where people stay over four, five, seven days. It's an apartment-type complex. The firm that bId it recently completed the one at the mall, so if you're familiar with that. They have constructed 47 of these facilities throughout the United States, so they are well qualified to do we think a very well -- a quality project. Marriott has approved this project, so it's well beyond just it could happen, it will happen. We anticipate sometime in the spring on this project, if not sooner. Also down in this corner SterlIng Bank has made a commitment to do a 5,000 square foot facility. If you're not familiar WIth Sterling Bank, they are fairly new within the area, they have got about 1,700 employees. They have got 135 branches. And they got over seven billion dollars in assets. We are looking at a 5,000 square foot facility. They will have clock towers on it. It's going to be a very attractive project. As you look at these facilities here, we are talking to quite a few restaurants. I think most of them would be familiar, probably in many cases you might have even eaten at those. At this point, because we haven't finalized the deal, I'd rather not share it at this point, but suffice it to say it's more than just simple discussion, they are very serious, they have made a commitment, it's just working out the details. We have also found over here we have several restaurants that are interested in this area and, again, the same thing, we are well down the road on those. As far as these buildings over here, we have nothing specific for that or for this in this area rIght here. So, if I can, I'd just like to touch on -- a little bit on the residential. And, Anna, if you could flip back to one that shows the lots. No. There is one there that shows the various lots on Loder. Canning: Oh. Okay. Seal: There. This, again, is Grandview Station. These are also lots down here. Just to give you a little bit of background, as they say, this is a residential area in transition, but it is, yes, a residential area. I think even staff has acknowledged that. Winston Moore has purchased this home. In fact, this closed about a month ago. He's made a very attractIve offer to Mr. Bill. Juris, who owns this home right here. We believe that Bill is Meridian City Council August 16, 2005 Page 25 of 58 going to accept that. We sat down face to face. Right now he's just contemplating where he wants to go and what he wants to do. Mr. Sasser lives in this house and Mr. Sasser is here tonight. I know he will be speaking. We have met with Mr. Sasser. He was at the last hearing and Winston and I met with him a while ago. I think we have addressed most of his concerns, but, obviously, he's still got a few and he certainly will get up here. Mr. Hutt was also another one. His representative is here. Ie-mailed Mr. Hurt and told him if he still had any concerns, that we were pleased to sit down and talk with him. I did not hear anythIng back from him, so I don't know. Ron Van Auker owns these three and at least I have heard -- and I can't tell you exactly, but I believe he might have acquired this property right here. As you know, with the Comprehensive Plan, this is mixed use regional, so it's only a short perIod of time before this will all be developed. But, as I say, right now we recognize the fact it is residential. Winston is aware of that and we would certainly acknowledge it. If I could flip back to the concept plan, please. As I mentioned to you, I sent you another letter today and it's a little bit of a repeat of a letter I sent back on July 26th, but in going through the staff report, it seemed like most of the things that were approved there, but they seemed to be in various areas and I guess maybe my own simple thinking, I like to see everything kind of on one page, which is maybe a little bit reaching. So, what I wanted to do was set out what we understand from P&Z and at least what we belIeve in talking to staff what has been approved. And as mentioned to you, Anna said over in these particular lots it doesn't show the specific lots, but, essentially, in this area that we have agreed to a specific CU or Conditional Use Permit for these buildings. We also agree to -- and as we at least understood that this would be a five foot landscaped area. When it got into this area, we had -- and as I spelled out, there were three options. One we could put up a bond for this area. Two, we could go ahead and landscape it. And, then, at the time that these came in for CU's -- and I have qualified that, that's as long as this is residential. If these are no longer residential, that condition is void. But as long as these are residential, then, we would go with the alternative compliance for landscaping, which would be the fencing, the additional trees, and other various landscaping in there. Along here we asked for -- also for alternative compliance. I received from ACHD approval for a right-in only off of Eagle Road. What we -- what we had asked for was that the sidewalk right now kind of continues to this point. What I'm suggesting is at this point the sidewalk would probably go into the berm, at least that's our vision, and what we have asked for is that this right-in only, plus the sidewalk, would be considered part of the 35 foot wide berm. But in consideration for that, we will enhance our landscaping along here and as -- well, I'll get to that later. Also, with the hotel we asked for a height variance from 40 to 60 feet. We asked for the right for drive-thrus throughout this thIng. I know the new zoning ordinance will allow drive-thrus, but we felt we would just cover it all. So, we -- I think those things are spelled out. The only other clarification is over here. Right now there is a 20-foot wide strIp, which is part of Loder. It's part of what's called the Overland Sub Homeowners Association. Our understanding IS that there is 20 feet there. They are asking for 25. We would simply have to add an additIonal five feet of landscaping along there to satisfy that. Otherwise, throughout here we are going to have 35 feet. Also 35 feet through here. We are looking at signage in different areas, which I think will create a real interest for the whole project also. This, as I say, is a right-in only. This is a right-in, right-out. And this one right here is a full access Meridian City Council August 16, 2005 Page 26 of 58 point. They are fIxed by ACHD. At least this one, in particular, is. A couple other things that I would Ilke to talk about is the amenIties. We did back on -- in fact, I will pass it out. We did, back on July 28th -- well, I guess -- let me back up and give a little bit of history. Back when we -- after P&Z, I did meet with Anna and Joe and Anna had suggested an amenity over in this area that we would be, shall we say, kind of in proximity to what we envisioned might be two restaurants or eating facilities. She was looking for something I think It was of reasonable size that would accommodate a lot of people. That's certaInly a very faIr request. However, after talking to a lot of the restaurants, particularly these up here and some of these down here, what they mentioned to us is we think It's more beneficial if we can have multiple seating areas throughout the project. You put seating over there, this doesn't benefit us or certainly benefit this. It's kind of like, well, that's not being fair, you're putting one here, but not in other places. So, what we propose -- and I sent an e-mail with pictures on July 28th to Joe Guenther. Until Friday I didn't know what the response was. We were proposing three amenities -- two to three amenities and I have got copies of these and you may have those, I don't know, but let me pass these out. What we are proposing is that these be located -- that these be located maybe in two or three locations. You might have one up here. You might have one down here. You might very well have one over here. That specific design, it doesn't have to be exactly like that, that's actually over in Silverstone. But we think it will -- Winston feels that it will accommodate more people. So, what we would like to propose is that something similar to this -- and we are certainly open to working with staff on a little bit more of a design if necessary, but that we work with staff on maybe the locations and what have you. The one thing I'm a little hesitant to do at this point is try to pinpoint those things. I go back, for example, EI Dorado business campus, in EI Dorado the requirement was to do a pathway within the project and the problem we found is if we put a pathway, all of a sudden we might have a pathway where a building was going to be. So, what we agreed to do -- and we have honored it -- is that we are putting the pathway in as the project is being developed and it's working very well. The city doesn't have to worry about us not doing it, we are doing that. And, yet, it allows us some flexibility In design. We think it's the same way with the locations. I think if we can agree -- we can either agree to three of these, then, we can put those in areas as It starts to develop and we find out where it's a more suitable location for it. So, we would ask that the Council consider this as I guess our proposed amenities on this project. A couple other items. We would ask that -- that on the August 23rd hearing that the ordinance for this project be approved. I understand it has been drafted. We would ask, one, that the development agreement be signed off on. We have submitted that development agreement. We have been told at least by Meridian that that development agreement, excluding the FIndings of Fact, is SUItable. And we would ask that as of tomorrow we are able to submit for the final plat application. It's very important for us to get started on thIS as quickly as possible. If we could, we could be under construction tomorrow. These people are here and want to go, they want to go quickly, and obviously, even though it's hard to believe right now, winter will be here pretty soon. So, we want to start to get our infrastructure In, so we are able to submit the final plat application tomorrow, so that we can get that reviewed and allow ourselves to get started on the construction getting approved and getting under construction. Finally, if you can go back to the concept plan. As Anna said, when Meridian City Council Augus116,2005 Page 27 of 58 we started looking at these -- the sIte design for some of these bulldings in here, we started to realize that it wasn't quite big enough to site for it. You know, it's the old analogy, if you kInd of squeeze a balloon and make it bigger on side, it is smaller on the other. We realize that ACHD has about 18 feet of right of way along here and they have approximately 19 feet, extending about 25 feet through here. When we talked to them, they said, you know, we will never use that in our lifetIme -- lifetimes. So, they agreed in principal to sell it. On August 24th the Commission will accept our application that's been submitted. We, eventually, agreed to a purchase prIce on it and as far as our observation is, it's as good as a done deal as you're going to get. We have submitted application to the City of Meridian. On September the 1 st you will hear the vacation for that at P&Z and, obviously, thereafter with City Council. As Anna said -- in fact, the language I gave to her is the language she drafted up, asking that we allowed to submit the final plat with thIS right of way in there, with the understanding that until that's purchased you don't sign the plat and we understand that and we are prepared to do that. We can work around that. So, anyways, we would ask for that consideration. With that I am done with the presentation. Like to answer any questions you might have. De Weerd: Council, any questions for the applicant? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I got one more clarification. Jonathan, would you state that the -- off Eagle Road is a right-In and not -- a right-in only? Seal: Right-in only. Bird: Because we had -- I think Anna said right-in and right-out. Canning: Sorry. Bird: If I want to make a motion, I don't want to get it screwed up. Seal: Well, I tell you, sometimes I am pretty lucky, but that-- Bird: But you're reaching for that one. Seal: No. It's a right-in only. Bird: Okay. Thank you. De Weerd: Any other questions for the appllcant? Bird: I have none. Meridian City Council August 16, 2005 Page 28 of 58 De Weerd: Well, Jonathan, I just can't help myself, but your amenity is not really consistent with the type of work we normally see from Winston. Seal: Yes. De Weerd: And I guess I don't want to say I'm disappointed, but, yeah, I will. Seal: Don't shoot the messenger. De Weerd: I didn't say that one, but it is. I would like to see somethIng better. I think that this is very viSIble and high profile entryway into our community and we would certainly -- and it sounds like from the tenants that have been looking at this and maybe have already committed to it, they see value of that, too. So, I guess I have an expectation to see something more than this picnic shelter as an amenity. Seal: If we weren't on record, I would say-- De Weerd: Well, Winston is walking up the stairs. Seal: I would be glad to have him respond. I understand what you're saying and so -- and I -- let's say warned him. De Weerd: Okay. Well, I'm sure you didn't really specifically say who would probably bring it up, but we will certainly ask him. Seal: Okay. I know he'll look forward to It. De Weerd: Thank you, Jonathan. Seal: Thank you. De Weerd: Okay. This is a Public Hearing and I would invite publlc testimony. Right now we do have Sheri Stiles signed up. Do you wish to provide -- we will just take them all. If you will, please, state your name and address for the record. Stiles: SherI Stlles, Engineering Solutions, 150 East Aiken, Suite B, in Eagle, Idaho. I'm here tonight on behalf of the Sassers that own the property Immediately adjacent -- what happened? I'm not changing stuff here am I? Canning: No. De Weerd: No. Stiles: Does this thing work? Okay. Blind myself. They live on this property right here. They have spent a considerable amount of money remodeling that building and Meridian City Council August 16, 2005 Page 29 of 58 improving the property. They are in the process of movIng back there and have every intention of using that as a residence for who knows how long. Their master bedroom, in fact, is facing towards Overland Road and they are very concerned about the lack of bufferIng that is shown in thIs plan. I dId have a question about the proposal to make It a Conditional Use Permit for those lots surrounding their property. TYPIcally, the perimeter landscaping is done and bonded for as part of the final plat, so all that needs to be taken care of prior to signature on the final plat. I have heard -- at least reading the comments in the Planning and ZonIng minutes, Mr. Moore did go on record statIng that he would do whatever the neIghbors wanted and I would hope that he would follow through with that and provide the buffer that the Sassers have requested, in accordance with the ordinance. I don't know If there was a development agreement requIred as part of this annexation, but there could be a clause in there that said the 25 foot wide landscape buffer is required unless the property changes from residential use and/or the adjacent owner agrees in writing to something less than the 25 feet. I know that the Council has in the past granted that type of variance on the width of those buffers, but, tYPIcally, the neighbors have had no problem with it. They either plan to do something else with their property, they don't really need that kind of buffer, they don't necessarily intend to stay there. But their WIsh is to stay there as long as they can and enjoy their property, even though they realize it is a very rapidly changing area. Another issue that we were concerned about was -- since, apparently, some of the properties are being either optioned or taken over by Mr. Moore, that the construction traffIC not be allowed to use Loder Avenue. That is -- basically, it was not built to today's standards, it was not meant to carry heavy equipment, and it was like some of the old arterials around here, that basically was -- they slapped down some asphalt on some dirt and that was the road. So, they are concerned about that and also their access. I also read in the minutes that it was suggested that the existing trees on the Sasser's property act as the buffer for the development to the development and the trees that are there, if they put the fence that they are proposing there at the depth they would have to dig to put that fence in, the trees that exist there will likely be killed, because the root zone probably extends over that. Sorry. De Weerd: Please summarize. Stiles: Also, the ACHD vacation process takes at least two months and that's after we get through here. So, I know there is -- really, to wait until the final plat for that, but that's something that needs to be taken care of, because it is an issue and if ACHD decides not to do that, then, it basically changes the whole project. That's alii have. I'd ask that you give consideration to these existing residences and take care of them during the construction process. De Weerd: Thank you. Council, any questions? Bird: I have none. De Weerd: Thank you. Meridian City Council August 16, 2005 Page 30 of 56 Stlles: Thanks. De Weerd: Okay. That is the only name I had signed up. Is there anyone who like to provide testimony on this application? Yes, sir. Please come forward. If you will, please, state your name and address. Sasser: Yes. My name is Gale Sasser at 1546 Loder place. De Weerd: Thank you. Sasser: And, basically, she has pretty much covered my concerns. I guess the project at this point in time is very ambiguous in terms of what really is going to happen there next to our place on that south side. That's our really big concern. Even the east end where they want the five-foot -- where the road comes in, that's understandable for flow. We can probably live with that, the five foot, but having five foot right next to our house, basically, and her garden area and that type of thing, it really isn't acceptable. The plans are to do restaurants, hotels, and along WIth that usually goes bars, drinking, and that type of thing. So, we have a pretty heavy exposure to that type of traffic and people -- you know, unfortunately, people don't always do the right thing and sometimes a five foot fence gives them a buffer to hide behind and throw stuff over and that type of thing. So, that's basically, what we are asking for, at least at this point in time. Maybe a year or when they -- or two down the road the subdivision is going to go away, but at least now it's residential and we are going to be Jiving there. Our master bedroom is going to be there and the buffer as per code would really be most helpful. And that's basically our only concern. De Weerd: Thank you, Mr. Sasser. Any questions? Sasser: Thank you. De Weerd: Okay. Any other testimony? Mr. Moore. Moore: Yes, ma'am. Do you need me? De Weerd: Yes, please. We have a question about your amenities. Moore: Kind of figured you might. De Weerd: If you will, please, state your name and address for the record. Moore: I think what -- De Weerd: Winston, if you can state your name and address for the record. Moore: I'm sorry. Winston Moore. 11665 Thomas Drive, Boise. 83709. Meridian City Council August 16, 2005 Page 31 of 58 De Weerd: Thank you. It's like I told Mr. Seal, we are very used to the quality of work that you do and when we got this picture, it just wasn't consistent with what I equate to Winston Moore's projects. Moore: May I respond to that? De Weerd: Yes, please. I would love that. Moore: The amenities -- I grant you that's not a work of art. But amenities really are pretty subjective. You know, what one person likes, another one doesn't, and vice- versa. And it's not clear in my mind with respect to -- certainly we are going to do amenities there that satisfies staff and you all and whoever needs to be satisfied. I mean that's a given. It's not clear in my mind, though, if amenities -- is this an ordinance or is it just something that local government would like or -- and I've not seen -- and I -- perhaps there are some. This is a retail development. I don't recall having seen a shopping center or restaurant complex that has the amenities that we are talking about. We see it in business parks, like we did at EI Dorado and across the street at Silverstone. This is kind of a first for me, but I, by some respects, live a pretty sheltered life. But, in any event, you have my commitment that through your staff, Anna Canning and whoever else, that we will agree on amenities and there won't be any problem. De Weerd: Okay. Council, any questions for Mr. Moore? Bird: I have none. De Weerd: Okay. Anna, do you need any clarity on this? Canning: Yeah, I wlll. I will need a lot. This problem came up in the Lowe's site where the amenIties weren't clarified and it's been a struggle. We need to know from you all kind of what size you want to see or how many of them you want to see or what type amenity, what you want to see there. The amenity that you see on the board was for a multi-use pathway that goes through Silverstone and was appropriate for that, but we need to have an idea that -- two amenities are reqUIred by ordinance for the planned development. There has been a wide range of what Council has felt appropriate, given the size of the project and the location of the project and kind of what they had to work with. We will need clarification from you on what you will want to see there, because, otherwise, we have nothing to respond with when they come forward with an amenity. We have nothing to base it on, unless we get that directIon from Council. De Weerd: Thank you. Moore: May I say another word? We are going to have probably seven or eight restaurants in this complex. It will be -- outside of the hotel and one bank, this will be, essentially, restaurants, fine restaurants. Some of them are not -- this is their fIrst trip into Idaho. I spoke with four of them about amenities as to what they would like to see and, you know, we havetalked about something out in the center with a fountain and Meridian City Council August 16,2005 Page 32 of 58 benches all the way around and they said, frankly, that they would rather see three or four of these scattered -- or something similar scattered, so that all of the restaurant patrons can benefit by them, instead of having something right in the middle or just two of them on one end or something. So, they think, you know, from the standpoint of the users, the people who are going to Jive there, so to speak, they like the concept. And I just mention that for information. We will dress it up and clean it up and doll it up untll all of you are thrilled. Bird: A nice glass top would look good there. Donnell: Madam Mayor? De Weerd: Yes, Mrs. Donnell. Donnell: I can understand Anna's concern about us being more specific about amenities and, Mr. Moore, when I saw this it reminded me of the shelters that I see at elementary schools, because I have seen a lot of those, and this doesn't seem to be In keeping with a nice restaurant area and location. I rather like the fountain idea with seating around it, but I think you do have to do what you need to do to meet the needs of the folks that determine to be in that development. So, I don't know at this point how we can really say we'd like them in block and not metal roofs and, you know, whatever it is that we can say and so perhaps you could come back with something that dolls it up. Moore: Well, I would imagine that subject to your approval, I would imagine that we would work this out with Anna and her staff and come up with something that passes her muster. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: Thank you, Madam Mayor. Anna, just to kind of summarize what I have heard, that, in concept, the project is agreed to, essentially three covered seating areas. HaVIng seen some of the other projects done by Mr. Moore, certainly feel that architecturally they can make this blend within the rest of the project. One of the things that I would like to see as direction is if we do approve the three -- the three covered seating areas, that there be some safe walking -- either sidewalk or at least safe passage from the nearest outbuilding to the nearest seated area. Canning: Madam Mayor, Members of the Council, I have an idea that came to me. Perhaps thIS will work. I guess the concern is if there are a lot of restaurants -- what I always notice is missing from a lot of these restaurants is that if you're in the waiting line, a lot of times you're stuck with no place to wait, especially on a Friday or Saturday night. And maybe if the applicant could agree that when the CZC's came through for restaurants in particular, that each of them would have an outdoor seating area with Meridian City Council August 16, 2005 Page 33 of 58 either a tree canopy or some other sort of covered space to accommodate eight people or something -- ten people, something like that. De Weerd: We'll have you work with staff. Sorry, Anna. Any other questions for Mr. Moore? Donnell: Madam Mayor? De Weerd: Mrs. Donnell. Donnell: Mr. Moore, I'm assuming that as you listened to the testimony by the neighbors, that you're in agreement to making sure that their needs are being met, so that -- Moore: Yes. I'm sorry I was late. I figured number 16, we would be here until midnight or something. I'm glad we are not. But I just heard the testImony of this lady and Mr. Sasser and at the PlannIng and Zoning Commission hearing -- and correct me if I'm wrong -- I think that all parties, includIng Mr. Sasser, agreed, and the commissioners, that at the south side of his property, which would be the north SIde of ours, that he was more concerned about headlights, since his bedroom is on the south SIde, as I recall. He's more concerned about headlights from cars coming into the parking area there. And, in fact, it's in the minutes. The way I recall it and the way I read it is we all agreed on a five foot buffer, provided there was a six foot fence and a six foot fence would seem to me to do a lot better job of deflecting headlights than a -- if it's a 50 foot buffer, that isn't going to help the headlights, so -- and I'm not -- I missed part of the testimony, I apologize, but our history is in working WIth the residents, we get along with them, they get along was us, they like the way we cooperate and I can't Imagine we are going to have any problem there. I think the only really consideration is Mr. Sasser's place. We did purchase the one at the north end, the Adams. And the fellow in the middle, Bill -- I'm not sure how to pronounce his name. We have met with twice and he seems inclined to -- as soon as he can find a place up in Wyoming or somewhere, that he's going to sell his to us. And so we have a lot of respect for Mr. Sasser and his WIfe. He's a businessman, he's a good community person, and we certainly intend to work with him. He was in to see us. We met WIth he and his wife here two weeks ago. We talked about all of this and what -- part of what this lady was saying is a complete surprise to me. De Weerd: Okay. Donnell: And Loder Avenue will not be used as a construction lane? Moore: I'm sorry? Donnell: Loder Avenue will not be used as a construction lane? Meridian City Council August 16, 2005 Page 34 of 58 Moore: No. You know, I don't think you're going to see any construction going on in there until the subdivision covenants are abolished or amended or somethIng. I mean it is -- it's a residential neighborhood, we can't go in there, even though we own the property, and violate the covenants. So, I think you're talking years, as opposed to months, before anything happens in there. Donnell: Thank you. De Weerd: Thank you. Any other questions? Thank you. Moore: Thank you. De Weerd: Is there any other testimony on this application? Jonathan, do you want final wrap up? Seal: Jonathan Seal, W.H. Moore Company again. As Winston said, I'm not sure how this thing with Loder Road ever came up. If Ms. Stiles had called us, we could have straightened her out on that. We have absolutely no intention of using Loder Road. In fact, we don't have any intention with Adams, other than renting it out at this point and that's for the foreseeable future. In fact, Winston Moore offered to let them stay in the house rent free for up to a year while they looked for another home, on top of offering them a very fair price. With respect to the vacation, I have every intention of wrapping up very quickly. I've heard a lot of times where these take a long time, but I've got it done a lot quicker and I intend this to. I see no reason why that should have interference on this. Our risk is with us, you don't sign the plat until the vacation is done. It will be done. So, we are in the works right now and already talking to the utilities, so we will do that. And I think as Mr. Moore said, we did meet with Mr. Sasser, I visited with Mr. Sasser out there in the hallway also, so this is a Ilttle bit of a surprise. At least our understanding is we thought we had everything pretty well worked out. Again, you know, just as a very quick example, EI Dorado BUSIness Campus, the homeowners of Thousand Springs had an issue a couple months ago on some lighting. We went over and met with them, including Winston, at 8:00 o'clock one night in their homes. Even though everything had been approved, we didn't have to, we could have said, you know, this has been approved, we are done, you live with it. But we dId. We have actually spent money to reduce some of the lighting, which is coming out of his pocket and stuff. So, I think when he says to you I will be a good neighbor, I think you know it's not hollow words and we will work with these people. We have done it and we will continue to do it. We try to treat people fair, so -- that's it. De Weerd: And, Jonathan, we know. We have had the neighbors and yourself in front of us, so we know you have been a good neighbor, but they don't. Seal: Sure. Meridian City Council August 16, 2005 Page 35 of 58 De Weerd: And this is for their peace of mind and to get it on public record. And so I don't know if it was to have any intent of distrust, it was to make sure that we understood their concerns. Seal: And we appreciate their concern. I understand Mr. and Mrs. Sasser. If I was in their situation would have that concern, too. It's easy for us to say, we are not in their home and it is still a home. So, we can appreciate it and that's why we are trying to go the extra mile -- we are willing to go the extra mile to accommodate them when we can. So, we don't want to sound cavalier in this situation, so -- De Weerd: Appreciate that. Any questions? Okay. Thank you. Okay. Council, do you need any further information? Okay. I would entertain a motion. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve -- or we close Public Hearing 16, 17, and 18. I'm sorry. Donnell: Second. De Weerd: Okay. The motion is close the Public Hearing on Items 16 through 18. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve AZ 05-019. I believe we also had a couple Findings already. And Findings of Facts and Conclusions of Law with any differences from public testimony or Anna's comment to be included. Donnell: Second. De Weerd: Okay. Motion to approve Item 16. Mr. Bird, just for a point of clarity, I know you usually wrap everything into -- and all testimony and -- but I guess I do want clarity on the 25 foot buffer surrounding the one residential lot and if you can also give clarity on -- if you are instructing the applicant to work with staff on the amenities. Bird: That would be within -- would be within the annexation? I thought that was in the preliminary plat. De Weerd: Well, I think sometimes we like to have a lot of that with the annexatIon in the development agreement. Meridian City Council August 16, 2005 Page 36 of 58 Baird: Madam Mayor, Members of the Council, that's correct. If we want to capture those in the development agreement, it would be appropriate to include that in your motion. Bird: I would Include that as stated, that work wIth the staff on the amenities and make the amenities within reason. De Weerd: Does the second agree? Donnell: Yes. With all other recommendations in terms of buffer and -- BIrd: That's right. De Weerd: Yes, Anna. Canning: I need a lIttle more clarification. So, the 25-foot buffer-- Bird: What does your Findings say right now? Canning: It just says five feet right now. Okay. And, then, the -- okay. And, then, the amenities and, then, just to clarify -- you have never talked about it, but including the right of way at the fInal plat time, the additional right of way, I assume that's okay and we will add that condition. Bird: And I believe also that this is -- Mr. Seal stated that on that right-in -- and they wanted -- which was right, they wanted to put -- to move the sidewalk over to the inside of that right-in, instead of putting it out there on an island for somebody to get hit. And I agreed with that, very much so. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: Anna, a point clarification, whether it's in the annexation or zoning or any of the other two, I believe the requirement was for -- on the -- the three lots on the south, to have those as conditional use; is that correct? Canning: It's, essentially, four lots. Wardle: Four lots? Canning: These four, I believe. Wardle: And those will come back through as conditions? Meridian City Council August 16, 2005 Page 37 of 58 Bird: The motIon agrees with -- yeah. The maker agrees with that. Donnell: As does the second. De Weerd: Okay. Any further clarity needed on this motion? Okay. Mr. Bird, will you, please, call roll. Roll-Call: Bird, yea; Rountree, absent; Wardle, yea; Donnell, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Thank you. Item 17. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we include -- or we approve PP 05-024, for Dorado Subdivision, and include all staff and public comment. Donnell: Second. De Weerd: Okay. Is there any discussion? Mr. Berg. Berg: Thank you, Madam Mayor. I assume that these are amended findings? Bird: I would make them, yes. Berg: Thank you. I just wanted to state it for the record. Roll-Call: Bird, yea; Rountree, absent; Wardle, yea; Donnell, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Item 18. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve CUP 05-031 for Dorado Subdivision and to include all staff and public comment and to include the Findings of Facts and Conclusions of Law and Decision of Order. Donnell: Second. Meridian City Council Augusl16, 2005 Page 38 of 58 De Weerd: Okay. Motion is to approve Item 18. If there is no further discussion, Mr. Berg? Roll-Call: Bird, yea; Rountree, absent; Wardle, yea; Donnell, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 19: Public Hearing: RZ 05~009 Request for a Rezone of 4.53 acres from I-L to C-G zone for Porkv Park Subdivision by VJ Joint Venture - south of Pine Street and east of North Eagle Road: Item 20: Public Hearing: PP 05~026 Request for Preliminary Plat approval of 15 commercial buildIng lots on 34.56 acres in proposed C-G zone for Porky Park Subdivision by VJ Joint Venture - south of Pine Street and east of North Eagle Road: De Weerd: Thank you. Public hearIngs 19 and 20 are RZ 05--009 and PP 05-026. I will open those public hearings with staff comments. Canning: Madam Mayor, did you -- am I supposed to be talking? Did you open the public hearings? De Weerd: I certainly did. With your comments. Canning: Okay. Madam Mayor, Members of the Council, thIS is Porky Park and it's located on the south side of Pine Street, east of Eagle Road. It actually doesn't include the property right up against Eagle. That boundary is a little off. This is a rezone and preliminary plat -- oh, it does -- it does include it. I'm sorry. It was -- it was a preliminary plat for 15 commercial lots on 34.56 acres in an existing I-L zone and, then, they are requesting to rezone just a portion of it. So, they are not rezoning the entire property, just the Eagle -- the western most lots. And the rezoned portion is only 4.53 acres and that will be -- they are requesting a rezone to C-G. The Planning and Zoning Commission heard this at their June -- or July 7th hearing. No one testified in opposition to the project. The key issue of discussion was the continued street section from Pine to Commerce Street. To our knowledge there is no outstanding issues before Council. Let me explain how thIS works a little bit. You might have recalled seeing thIS on a reduction of platting requirements, so they were able to diVIde off the property here to get the Maverick station started and that has come -- excuse me. Jackson's. I'm sorry. I'm not doing well on remembering things today, for some reason. I think it's because I'm going on vacation tomorrow, I think maybe I should have gone yet today, but I forgive me. This came through the reduction in platting requirements and we did require that it come through as part of this preliminary plat, so that's why it's before you today. There -- the other odd thing that's going on, which works okay, is they are extending this street from the subdivision to the south, so that there is a connection to Pine Street. The street is built. It's not dedicated yet, so it will be dedicated with the plat. So, right now it doesn't show up as a street, but it will be a -- it is a street and it's Meridian City Council August 16, 2005 Page 39 of 58 constructed to street standards. So, it has not been dedicated yet, but it is constructed and it will be dedicated with this plat. Other than that, it's a fairly straightforward subdivision and to our knowledge there are no outstanding issues before Council. I remember it's a Jackson's. De Weerd: There is probably a few other thIngs and I'm just -- I know that Mr. Miller is waiting for me to comment about the Porky Park thing. It's almost as good as Wrinkleneck Subdivision, so -- if you run out of ideas for names, certainly we can help you on that. If you would like to, please, come forward. Miller: My name is Brad Miller, representing VJ Joint Venture, 3084 East Lanark in Meridian. My first question is I just want to know what Anna had to drink with her dinner. We appreciate your attention on this matter. This is a subdivision that we are doing over on Pine. All the improvements are pretty much done. Pine Street has already been -- WIth the help of ACHD, we have already been able to put that in and it's being readily used. We are proposing that we rezone just the front three or four lots. I can't remember how many it is, to match the properties to the north where the car wash and the Ram and those are, we figured it would make sense to have all those commercial and the rest will stay industrial. It was annexed and zoned, I believe, back in '94. So, it's been around for a long time. All the utilities are in place. Just a word or two about that road. We have worked, with the Mayor's help and some of the Council Members' help, we have worked long and hard with Micron, Albertson's, Coors, John Jackson, and some of the other owners there on Commercial Court to get that road done and with the help of ACHD as well we have been able to get that done. They are constructing it right now and it will be completed sometime in the next 30 days, I believe. And, then, we will -- I think with the second -- we area going to final plat this in two phases. With the second phase that wlll be dedicated. We have the Jackson's on the corner. We have sold that property to John Jackson. And, then, on the property next to that there is the hotel that's anxious to get started on that. I had just four issues that I just wanted to address in the staff report. I don't think there is any problems here and we addressed them before at Planning and Zoning, but I just want to make sure they were on the record. Number one is there is reference in the staff report to an owners association. It's an industrial subdivision, it's a commercial subdivision. We are probably going to own most of the buildings. As I say that, we are gOIng to sell off the first two, but the rest we have no plans to sell the lots. So, we will -- the subdivision will be controlled by CC&Rs. We prefer not to have an owner's associatIon. We don't have any on our other subdivisions and -- we will have an architectural review committee. So, we would prefer not to do an owners association. The second item is on the landscape buffer. We are going to continue to farm this as long as we can. The reasons for that, as you all know, the property taxes -- we lease it out to Vance Janicek and he farms it for us right now. So, we will pull the first two lots out, but we will continue to farm it for property tax reasons. And so we would prefer not to -- the staff report requires that the landscape buffer be installed all at once. We would prefer to do that as the lots are developed and it could be -- if you go on the other side of Lewis & Clark Middle School -- I don't know how many lots we have, but we have a number of lots and we have built ten buildings on there. We own all but three of those buildings Meridian City Council August 16, 2005 Page 40 of 58 and we still have a number of available lots. So, it could be five, seven years before we build this thing out. It could be ten years before we bulld the whole thing out. So, we would prefer to have a little bit of flexibility on being able to do the landscape buffer at the time each building is constructed. In regard to pressurized irrigation, we had not proposed pressurized irrIgation. We are not necessarily opposed to it, but we have got two irrigation districts in there, we have got Settlers and Nampa-Meridian, and I would like the fleXIbility -- I'd like a little flexibillty -- I'd like you to give staff a little bit of flexibility on that, if you could, to work with us, because that can be a real brain damaging issue trying to be able to deal with one, let alone two irrigation districts. So, if you can just give staff a little flexibility on that, I'd appreciate it. And, then, the last thing IS covering the ditch. We plan to cover the Settlers Lateral and probably we prefer to do that on a lot by lot basis, although when you get down to it, we are probably going to end up doing the whole thing, but I'd just like staff to have a little bit of flexibility on that as well. Those are my only comments. If there is any questions, I would be more than happen to answer them. De Weerd: My only comment was she probably drank the same thing you did when you named this. Miller: No. That was Mr. Van Auker. De Weerd: Any questions from Council? Okay. Miller: Thank you very much. De Weerd: Thank you. Canning: Madam Mayor, clarification on the rezone, since both Brad and I have misspoken. This one is currently zoned C-G. They are requesting that these two properties be rezoned from I-L to C-G. De Weerd: Thank you for the clarification. This is a Public Hearing. Is there anyone who would like to provide testimony on Items 19 and 20? Okay. Does the applicant have any final remarks? Council? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we close the public hearings on 18 and 19. Wardle: Second. De Weerd: How about 19 and 20? Bird: 19 and 20. I'm sorry. Meridian City Council Augusl16, 2005 Page 41 of 58 De Weerd: Okay. And second -- Wardle: Yes. De Weerd: Okay. All those in favor say aye. All ayes. MotIon carries. MOTION CARRIED: THREE AYES. ONE ABSENT. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve RZ 05-009, the rezone and incorporate staff and public comment, referring to the four objections that the applicant had, which I would agree with, and I believe staff would, too. And allow staff to have the decisions on what was requested. And also to approve the Findings of Facts and Conclusions of Law and Decision of Order. Wardle: Second. De Weerd: Okay. The motion is to approve Item 19. Is there any discussion? Any clarification needed? Okay. Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, absent; Wardle, yea; Donnell, yea. MOTION CARRIED: THREE AYES, ONE ABSENT. De Weerd: Okay. Item 20. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve PP 05-026, for Porky Park SubdivIsion, and include staff and applicant comments, including the specific four comments, and to allow staff to make the decisions as requested by the applicant. And to approve the Findings of Fact and Conclusions of Law and Decision of Order. Wardle: Second. De Weerd: Okay. The motion is to approve Item 20. And I guess I do want to make a quick comment. Appreciate that connection up to Pine Street. That's been a long time In coming and that road continues to be more and more dangerous with the trucks trying to get out onto Eagle Road. So, I appreciate your tenacity with that. Okay. Mr. Berg, will you, please. call roll. . call Meridian City Council Augusl 16. 2005 Page 42 of 58 Roll-Call: Bird, yea; Rountree, absent; Wardle, yea; Donnell, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 21 : Public Hearing: CUP 05-032 Request for CondItional Use Permit approval for the operation of a public charter school in a L-O zone for Compass Public Charter School by Compass Public Charter School - 2511 West Cherry Lane: De Weerd: Thank you. Item 21 is a Public Hearing on CUP 05-032. I will open this Public Hearing with staff comments. Canning: Madam Mayor, Members of the Council, this is the Compass Public Charter School and it's located at 2511 West Cherry Lane and it's to be co-located with the Cherry Lane Baptist Church. De Weerd: How about the Cherry Lane Christian Church? Canning: Cherry Christian Church. I knew I was going to -- Bird: What did you have with dinner. De Weerd: She needs a vacation. Canning: The application that's before you tonight is for a Conditional Use Permit and you have heard this before, you acted on it as a temporary use permit in the same facility. And the request is to allow a public charter school in the L-O zone. The school is leasing approximately 17,000 square feet of a 30,000 square foot fa clIity. And it would be a kindergarten through 7th grade school. The Planning and Zoning Commission has recommended approval and they heard it on July 7th. The key issues of the discussion were, basically, a sunset clause for the Conditional Use Permit, since it is expected to be a temporary location. Another issue of discussion was the hours of operation and recess times for the children. The Commission voted to allow the CUP with the -- just goes with the night. That the permit runs with the applicant and will expire when the charter school vacates the property. The only real issue -- outstanding issue that came out of the conditional use process was that -- the same issue that was discussed during the temporary use and that was the open space location -- and at that hearing the key issue of discussion was the outdoor recess area, which doesn't seem to be addressed yet. I give up. I'm glad there IS nobody here tonight. I'm sorry. I'm going to end there. De Weerd: Okay. Council, do you have any questions for staff? Do you dare? Canning: No. Meridian City Council August 16, 2005 Page 43 of 58 De Weerd: Okay. Would the applicant like to provide testimony. If you will, please, state your name and address. Jensen: Mayor -- Madam Mayor and Council Members, my name is CrystaJina Jensen. I live at 2870 South Goldbar Avenue, Meridian, Idaho. And I serve as the chairman of the board for Compass Public Charter School at this time. I'm proud to report that we opened school on Monday and began operatIons. Prior to beginning our school operations we did go through the necessary building inspections. We had an inspection conducted by the -- let me get that. The building and safety -- division of building and safety and that was conducted on June 27th and they didn't find anything out of the ordinary, other than what had been pointed out by the Meridian fire department. We had worked closely with the Meridian fire department to bring the building into compliance and up to code. So, we installed fire and smoke alarms, strobe lights in the classrooms. We did some work, added some panic hardware to the doors and everything here up to code and as of Friday we had received our occupancy permit. And that was August 13th, I -- no. 12th, I believe, that we received that. Everything seems to be going well. We dId contact the homes that are directly behind the facility. There are three homes that are directly impacted by our area that we have designated for our play in the recess area. We spoke with two of the homeowners -- one of the homeowners actually shares about 200 feet of fence back there, the most impacted one, and we spoke with them and told them what we were doing and trying to be a good neighbor and introduce ourself. The only concern that was brought to us was they didn't want a high school and when we told her that they would be elementary age children, K through 7, that seemed to be very pleasing to them. We are trying to continue to be good neighbors and make sure that balls don't fly over. I know we had two loose balls on the first day, but I think we have taken care of that, and we have tried to move the ball play, actually, into the gymnasium area away from that fence. We are putting In some tether balls -- or just temporary tether balls that we roll out, so the children may play with balls, that they will be more controlled. And we are going to be putting -- trying to do some temporary four square and those kinds of things, a little further away from that fence. We are tryIng to be careful and respectful of.their property. The biggest recess issue, I belIeve, is our lunch time runs from 1 :30 to -- 11 :30 to 1 :00, which is about one and a half hours, and that's more of a continuous type thing where we had children going out and, then, leaving and kind of circulating the children through there. But as of rIght now have had concerns raised by the neighbors. As far as the drop off and pIck up, the children -- the drop off has, actually, gone quite smoothly. We are training our parents the best we can to show them that they enter and, then, drop off and, then, because we have the rear blocked off in the mornings, we are asking them to exit back out onto Cherry Lane and, then, turn left -- or right, a right turn only. And, then, the pick up is a little bit trickier, because we have to match the kids up with the cars and so we have designated the parking -- the parking along that side -- I'm even not sure what direction it is, but that side over here -- Donnell: Excuse me. ChrIS, would you use the pointer? Meridian City Council August 16, 2005 Page 44 of 58 Jensen: Thank you. That helps. Right here is where we are having our car -- our car pools park. A car pool consists of any -- more than four children -- or four or more children that are gettIng into a car. We are having the parents come in and, then, pick up their children, car pools are parked here. We have a person that has a stop sign and helping these car pool parents walk across over here, pick up their children that are waiting right here, return back safety to their cars and, then, they are exiting out this way. We are havIng people that don't -- just parents that are picking up their chlldren that aren't car pooling coming in, picking up theIr children here, and, then, we actually have opened this up and having them exit out this way. It seems to flow much better. The first day we were struggling a lIttle bit here with some backup and we found that when we have them exiting this way it just helps everybody move much quicker. It took us 21 minutes on the first day, we broke it down to 13 today. So, we are movIng in the right directIon. Because we are trying to avoid having any cars out onto Cherry Lane Road. Other than that, I think that those were the concerns. Is there any other questions? De Weerd: Questions from Council? Bird: I have none, Mayor. Donnell: Madam Mayor? De Weerd: Mrs. Donnell. Donnell: It just sounds like buses. Picking them up and leaving. You do get better at it, don't you, after the first couple of days. It truly does. I just have a question and perhaps this is of Anna. And can you explain the sunset clause? Can you explain that tonight? Canning: I will look it up and read it to you. Donnell: Okay. Thank you. I actually looked for it, Anna, In all these pages, but I didn't fi nd It. Canning: It's -- Madam Mayor, Members of the Council, it's, actually, rather simple. It just says the subject CondItional Use PermIt belongs to the subject applicant and shall expire when Compass Public Charter School vacates the property. TraditIonally, a Conditional Use Permit runs with land, not with the applicant. Donnell: Okay. De Weerd: Any other questions? Thank you. We do have one other signed up to testify or indicate their support of and that's Jay Walker. Would you like to provide testimony? Okay. Is there anyone else who would like to provide testimony on this application? Okay. Hearing none, any final comment? Thank you. Okay. Council? Bird: Madam Mayor? Meridian City Council August 16, 2005 Page 45 of 58 De Weerd: Mr. Bird. Bird: I move we close the Public Hearing CUP 05-032. Wardle: Second. De Weerd: Okay. Motion to close the Public Hearing on 21. All those in favor say aye. Okay. All ayes. Motion carrIes. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Any discussion? Donnell: Go right ahead. You're on a roll, Councilman Bird. Bird: I just want to go home. Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve CUP 05-032 and have staff and public comment incorporated and approve the Findings of Facts and Conclusions of Law and Decision of Order. And I had nothing but Coke to drink. Wardle: Second. De Weerd: I think Anna's words are infectious. Bird: Yeah. De Weerd: There you go. Okay. Motion to approve Item 21. Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, absent; Wardle, yea; Donnell, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 22: Public Hearing: AZ 05-025 Request for Annexation and Zoning of 5.47 acres from RUT to R-4 zone for Meridian Hiah School by Hummel Architects - 1900 West Pine Avenue: De Weerd: Thank you. Item 22 is AZ 05-025. I will open this public hearing with staff comments. Canning: Madam Mayor, Members of the Council, this is a request by Meridian High School and for MeridIan High School. It's located on the north side of Pine Street, west Meridian City Council August 16, 2005 Page 46 of 58 of Linder. The application that's before you tonIght is for annexation and zoning. They are asking you to annex and zone 5.47 acres from RUT to R-4. And the purpose of the annexation and zoning would be to eventually allow a fIeld house, additional classrooms, and practice fields on the property. And I have a future expansion site plan there for you. I'll let the applicant go through that in more detail. The Planning and Zoning Commission did designate approval at the July 7th hearing. Paul Geile -- I'm not sure on the pronunciation -- spoke in opposition. He was concerned that with the residential zoning, that the school district could sell the property and, then, someone could build houses on it, instead of a school facility. It was really the only issue of discussion and to our knowledge there are no outstanding issues before CouncIl. De Weerd: Thank you, Anna. Any questions for staff? Would the applicant like to make comment at this time? If you will, please, state your name and address. Daniels: Ed Daniels, Hummel Architects, 2785 Bogus Basin. De Weerd: Thank you. Daniels: Madam Mayor, Members of the Council, the school district has owned this property -- I'm not sure how long, but they have utilized it as a ball field. And as they expand some of their programs at Meridian High School, we have discovered that it was not annexed and nor did the chief of -- I don't know if it's a condition of a building permit or not, but that's the main reason why we were requesting the annexation and the rezone. De Weerd: Yeah. I think it was a surprIse to see that that is the piece, because I thought it was part of the complex as well. Any questions for the applicant? Okay. Mrs. Donnell? Donnell: Madam Mayor. So, I'm assuming that this is going to be one of the projects that will be included in the upcoming bond issue? Daniel: I believe so. Donnell: So, we need to get this annexed. Daniel: We need to get it annexed. We are behind. Donnell: So, if that is the case, that that land will be used, that the district has not desired to subdivide -- sell the property and -- Daniel: Not that I'm aware of. No. Donnell: He keeps lookIng at the person who knows. Don't trust anything that man says. Meridian City Council August 16, 2005 Page 47 of 58 Daniel: That's rIght. De Weerd: Okay. Any further questions, Council? Thank you. Anna, in response to the concern by the neighboring property, is there somethIng in the conditional -- or in this -- in the Findings that can help ease their mind? Was that discussed at Planning and Zoning? Canning: Madam Mayor, I don't belIeve it was made a -- I don't believe the school district was required to put it on a development agreement. I think the fact that the school district does have plans for using the site, the only other property that I have known of the school district disposing of was ones where they didn't have an existing facility, so -- De Weerd: Well -- and I think this facility IS already short land, anyway. I can't imagine them piecing it off. I think they would have some citizens that would voice some concern. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Before we close, I agree, I don't -- they have been using it -- they have been using it as a school property and why it didn't get annexed, I don't know. Christine could probably tell us. Donnell: Before my time. Bird: Anyway, I don't see that as a problem and I don't think legally that we could -- we could attach that to an -- to an annexation or a zone change. I don't -- I would be interested if the Council has any different opinion, but I don't think we can or -- nor do we need to, myself. I don't have no concern. Canning: Madam Mayor, Members of the Council, currently the property has no frontage on the street, so -- Baird: Madam Mayor, Members of the Councll, there has been no discussion of the need for any kind of a development agreement on this and I understand the school district has certain procedures that they would have to follow before they could dispose of land anyway, so there would be additional public process in the future and your decision today wouldn't affect any of that. De Weerd: Okay. Thank you. Is there anyone who would like to provide public testimony on this item? Yes, sir. If you will just, please, state your name and address for the record. Meridian City Council August 16, 2005 Page 48 of 58 Geile: My name is Paul Geile and I live at 4717 Willow Lane in Boise. And my father does own the 20-acre piece adjacent to the west. And I guess I'm glad I came here to clarify my testimony from last time. I really wasn't at all opposed to the annexation of this property and in terms of building houses, I just found it curious that the school district could get a piece of property and put it into R-4 and, then, have a use on it that was clearly outside of an R-4 zoning and -- which is okay. I mean I guess we are going to let them go ahead -- they are not going to build houses there, we know that much. But it seems curious to me that if you have an R-4 and you were a school district that owned the R-4, then, you could put, essentially, commercial buildings on there and I was concerned that, you know, if you could cIrcumvent that regulation, what other regulations could you circumvent insIde of R-4, what else could you build there, without -- you know, since you're clearly not under the R-4 designation. I don't suspect they are going to do anything crazy, but when I looked at it, it -- I expected there to be a school zoning that I could come look at a set of limitations. There wasn't any. So, that as a neighbor it made me a little concerned that sInce there really weren't any regulations on a school district and the zoning board member told me we traditionally just let them build whatever they want to build on their property. As a neighbor that makes me a little concerned. And in talking to the -- your planner at Meridian city, I got the impression that there was no other point at which the public would have input on what was built on that property, since they don't have to have another Conditional Use PermIt, there is no other -- there is no other phase for us to voice concerns If they intend to put something there that is obtrusive. The things -- I live right next to Willow Lane athletic complex In Boise. They have lighted ball fields there and those are an incredibly intrusive use in that neIghborhood. They are going to put some lIghted ball fields here. If the neIghborhood doesn't mind, that's fine, and, then, they will put them in. But I was just -- this was the very last point at which I could get some public input on how that process went and I'm kInd of counting on your staff people, when they do their compliance with -- when they finally decide what they are going to build, I'm given to understand that they will have to comply WIth the setbacks and buffer and all of that business, but I remember developing around Haven 5 and 4, where you couldn't necessarily rely on that very well and back in the day. So, if I can get an assurance from you that they are going to do that property and carefully and protect my interest as a neIghbor, that's probably all I can ask from you, because the annexation is -- needs to happen and we need to build their thIng, but can you see how that puts me, as a neighbor -- and a fairly heavily Invested next door neIghbor, kind at a disadvantage, because we just don't have any other public input. And there are no concerns right now about what they are going to build, because they are also not Ilmited to the plan that they presented to you. They could build something else entirely. So, once they get passed you on an R-4 -- as a neighbor I'm not protected against quite a few things. But I mean -- if I'm understanding this correctly. And I'm not suggesting they are going to do crazy things, I just needed to bring that to your attention. And with corrections to the last -- or the characterIzation of my testimony last time, I certaInly did not oppose it and I don't know other neighborhoods are concerned that there is going to be office there, but it was just odd that it would land in an R-4, which means something to one owner and means something entirely different to another owner. Meridian City Council August 16, 2005 Page 49 of 58 De Weerd: Well, they are a quasi-public use and that is -- a commercial building is not- - would not be allowed in an R-4 zone. Geile: Well, right. And by a commercial I mean a gymnasIum style building that you would not allow in another R-4 designation if It were a private owner. I mean it just -- it just was -- the juxtaposition was that it seemed to -- when I walked into this I assumed that a cleaner process would be that there was a school zoning or a zoning that would more properly contain uses like that and buildings of that nature, other than R-4. But there isn't, so I'm willIng to go ahead and let them do it, but it just was -- as a neighbor, I needed you to know that my -- that even the public input from the surrounding neIghbors is pretty limited and if you look around Meridian, probably one of your absolute biggest customers in terms of property value, traffic, footprint on Meridian city, the school district is a very large consumer and to have them be outside of that regulation is -- was just odd to me. But, you know, I talked to their representative and he thinks they are completely over-regulated. So, we might be right where we need to be. But, anyway, when I brought it to the attention of the planner, he kind of thought it was a lIttle odd, too, but -- and he understood my concerns, but this, apparently, is my last chance to speak and I thought I'd go for it. So, that's all I have. De Weerd: Well, I appreciate your comments. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I'd like Ted to explain why schools are in R-4s. Baird: Actually, Madam Mayor, Members of the Council, Councilmember Bird, Anna might be better prepared to address this. All I can say is that under the zoning regulations public schools are permitted uses in residential zones and I think it's probably under the principal that you want our residents to have schools nearby and, Anna, you have been through the process of looking at the development code and revamping it and all the reasons that we do the things the way we do, perhaps you have some insight you could add on this. Canning: Madam Mayor, Members of the Council, I mean it -- we are most familiar with the large public schools that go in. There are also a number of small private schools that are very appropriate in a residential district. So, they are allowed in that district. Sometimes they are conditionally allowed and I don't have a copy of our current zoning ordinance, but the -- WIth me, but I do have the Unified Development Code and although schools are a principal permitted use in some zones, they are condition in others and right now the R-4 school would be a conditional use in the Unified Development Code proposal that's -- you're in the midst of considering at this time. So, it would not be the last opportunity to comment on this. I believe the remainder of the school property is R- 4 and that's why they went with the R-4 designation, even though it restricts them a little Meridian City Council August 16, 2005 Page 50 of 58 bit more than the light offIce zoning would, where we see that on some of the other properties. Geile: So, there wlll be a Conditional Use Permit process for whatever they would like to build in the future and at that point there will be more public input opportunity? Canning: Madam Mayor, Members of the Council -- yes, there will be. Geile: Okay. I was unaware of that and the people I talked to gave me the impression that there was not that opportunity to comment on specific things that are being built in that -- on that property. So, I guess maybe we will see you another day when they nail down what exactly they are going to build and we will be notified like we would any other -- any other user. So, I think that's all I have. De Weerd: Thank you. Baird: Madam Mayor? De Weerd: Yes. Baird: Madam Mayor, Members of the Council, I do happen to have the current code in front of me. And, just to clarify for the record, public schools appear to be a permitted use in the R-4 under the current code, so if an application were to come before the new code's passed, which IS targeted within the next month, we wouldn't have that conditional use process. I'm seeing somebody shaking his head that It's unlikely to happen, but maybe it IS. Okay. It very well could be. So, I'm glad I put that on the record to clarify current code versus -- versus the new code. Geile: And, then, it's changing to the requirement for a Conditional Use Permit? Baird: That's correct. And we are going through a process of identifying how -- when applications are accepted and what code they are under and we are giving people an opportunity to get their foot in the door before the code, because they are entitled to know what the current rules are, what the -- what the upcoming rules are and -- so we can have an orderly transition for that. Geile: Well, in talking to the architects, it's unlikely that we will oppose whatever things they -- I mean if what they propose is similar to what they have on the driving board now, it probably won't be a problem even with a CondItional Use Permit process. It was just disconcertIng that there wasn't one. De Weerd: Okay. Thank you. Is there any other testimony on this application? Would the applicant like to have any wrap-up words? Okay. Council? Donnell: Okay. Madam Mayor? Meridian City Council August 16, 2005 Page 51 of 58 De Weerd: Mrs. Donnell. Donnell: I'd like to make a motion to close the Public Hearing on AZ 05-025. Bird: Second. De Weerd: Okay. MotIon to close Item 22. All those in favor say aye. Okay. All ayes, motion carries. MOTION CARRIES: THREE AYE. ONE ABSENT. Wardle: Madam-- De Weerd: Any discussion? Yes, Mr. Wardle. Wardle: No discussion yet. Madam Mayor, ! was going to make a motion for the finest high school in the state of Idaho and possibly the world and just to say that I'm glad that generations of students will no longer have to run wind sprints on the annexed property, there will be a building there, and so that wlll help me sleep a little better at night. With that, Madam Mayor -- De Weerd: You still have dreams to that. Wardle: Yes, ma'am, I do. I move that we approve No, 22, AZ 05-025, to include applicant comments and to providing some-- Donnell: Second. De Weerd: Okay. Motion to approve Item 22. Is there any discussion? Mr. Berg. Roll-Call: Bird, yea; Rountree, absent; Wardle, yea; Donnell, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 23: Public Hearing: VAC 05~010 Request to vacate 16 foot right of way easement on Lots 1-9, Block 1 of the amended plat of the Townsite of Meridian for Meridian Creamerv by Zeke Johnson - 27 East Broadway Avenue: De Weerd: Thank you, Item 23 is a Public Hearing on VAC 05-010. I will open this Public Hearing with staff comments. Canning: Madam Mayor, Members of the Council, this project is for the Meridian Creamery. It's, as you know, located at 27 East Broadway Avenue. This is a vacation application and they are requesting to vacate 16 feet of the rIght of way easement. It's not, actually, a right of way, it's somewhere in between and it's Lots 1 through 9, Block Meridian City Council August 16, 2005 Page 52 of 58 1, of the amended plat in the Townsite of Meridian. Mr. Johnson already briefed you on this in great detail a few weeks ago, so I'm going to keep it short, but just to summarIze It, the additional right of way was requested at sometime in the past, thInking that they might actually put a street there, I would believe, and -- but it's never been developed by ACHD and there doesn't seem to be a need for it at this time. P&Z has recommended approval. It was not a Public Hearing, it was a public meetIng item. There are no maIn issues before Council. You wlll receive another request in the near future to vacate the alley right of way in this area. And with that I will end staff's presentation. De Weerd: Thank you, Anna. Is the applicant here tonight? Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: May I ask a question? For public testimony, I don't believe that Mr. Johnson is the owner of this property. He IS representing the owner and has the proper papers and that we are -- I just want that clear for -- so somebody can't -- and what we are going is just making a recommendation to ACHD recommending this vacation; am I not right on that? Okay. Baird: Madam Mayor, would you like me to address that? Bird: Yes, please. De Weerd: Yes. Mr. Baird. Baird: To clear up any confusion? Madam Mayor, Members of the Council, when we first discussed thIS preliminarlly a few weeks back, there was a question as to whether this was, indeed, in ACHD's jurisdiction and I have confirmed with them that we are to treat this as we do all other requests for vacation, that being that after the conclusion of the hearing, the expectation would be that the Council would entertain a motion to recommend or not recommend to the Ada County Highway District that they proceed with their vacation proceedings. So, they are the final authority on this. They are looking for a recommendation from you. De Weerd: Okay. Thank you for the clarity. This is a Public Hearing. Is there anyone who would like to provide testimony on this application? Bowman: My name is Clair Bowman, I'm the administrator for the Urban Renewal District, Meridian Development Corporation. I live at 4400 West Legacy Lane. I don't know whether we need anythIng on the record officially about the anticipation of what will happen here, but that same issue for the right of way easement will exist on the Zamzow property to the east. There used to be a street down here called Railroad Avenue that was vacated in 1938 -- '37 or '38. And at that tIme these easements were placed on the north half of this row of lots anticipating that the alley might become the Meridian City Council August 16, 2005 Page 53 of 58 street at some point in the future. This is just one piece of what will be coming as another part of a package at a later date. That would be all I would have to add, Madam Mayor. De Weerd: Okay. Any questions for Clair? No. Thank you. Is there anyone else who would like to provide testimony on this application? Okay. Council? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we close the Public Hearing on VAC 05-010. Donnell: Second. De Weerd: Okay. Motion to close Item No. 23. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: So, I need a motion to recommend action to the ACHD commission. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move that we approve VAC 05-010, a recommendation to Ada County Highway District to vacate Lots -- a 16-foot right of way easement on Lots 1 through 9, Block 1, of the amended plat of the townsite of Meridian for the Meridian Creamery, represented by Zeke Johnson at 27 East Broadway Avenue. Wardle: Second. De Weerd: Okay. The motion is to approve the request and recommend approval to -- whatever. Mr. Berg, will you call roll. Berg: Thank you, Madam Mayor, and I will call roll and I just want to make sure that we are approving the Findings also for recommendation that the Council's giving to ACHD. De Weerd: That sounds much easier. Roll-Call: Bird, yea; Rountree, absent; Wardle, yea; Donnell, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Meridian City Council August 16, 2005 Page 54 of 58 Item 24: Ordinance No. 05~1170 Repealing Existing Zoning and Subdivision Regulations Codified at Title 11 and Title 12 of the Meridian City Code; Re-Enacting a New Title 11 To Be Known As the Unified Development Code (2nd of 3 Readings): Item 25: Ordinance No. 05-1171 : Enacting a New Provision of the Unified Development Code Pertaining to Development Along the State Highways to Be Codified at Title 11, Chapter 3, Article H of the Meridian City Code; Adding a New Definition of the Term "Approach" to Title 11 ~ Chapter 1 ~ Article A, Section 1 of the Meridian City Code (2nd of 3 Readings): De Weerd: Thank you, Mr. Berg. Okay. We have a second reading on Items 24 and 25. I would ask Council if you have any comments on these two items? We -- Mr. Baird. Baird: Madam Mayor, last week and the end of the -- Madam Mayor, Members of the Council, at the end of the Public Hearing on the first reading there was some possible questions from the Council that may not have been answered or some -- an opportunity to provide direction to staff for items that they did or didn't want to see in the final . version. You had a number of possible alternatives presented to you by some of the speakers and I sensed that there was some desire by some of the Council members to provide input. I believe that planning staff would appreciate any input that you have, so when we bring this back for the third reading we have the final version as you would like to see it. So, tonIght would be a good opportunity to proVIde that Input. I should also say while I have the floor we are anticipating deferring the third reading for one week. We won't bring that back next week, but we would bring it back -- I believe we will have a meeting on August 30th, even though that Monday is a holiday, we are still here. So, we would have final reading at that time. That's my understanding and we probably can adjust that as we put the ordinance together. There IS no requirement that we actually bring It back, but what we want to do IS allow planning staff a little bit of additional time to incorporate what are a large number of both technical and substantive changes, although the substantive changes that you have before you are not -- they don't rise to the level of being material that would require us to start over again. Everything has been well noticed, well discussed, but now is the time to bring it all together, so that you know exactly what you're passing on the third reading. De Weerd: Okay. Any comment from our Council? Donnell: Madam Mayor? De Weerd: Yes, Mrs. Donnell. Donnell: So, Mr. Baird, what we are talking about is giving the staff some direction as to whether this should come back with -- in their recommendations that they -- when we had our first reading they talked about they were okay with certain sections of it, okay Meridian City Council August 16, 2005 Page 55 of 58 with certain recommendations or suggestions. I think Mr. Turnbull was here and was providing some input. Or whether we go ahead without that, is that -- am I to understand that's what you -- did you understand what I said? Baird: Madam Mayor, Members of the Council, and Councilmember Donnell, exactly. I think we closed the hearing -- we closed the hearing and moved on last week and I sense that you had some input you still wanted to give and maybe Anna might also want to tell you exactly what she might be looking for at this point. De Weerd: Mr. Wardle. Wardle: Madam Mayor -- I'll let Anna go first and, then, I give her my comments. Canning: Madam Mayor, Members of the Council, just to clarify on a couple issues. I don't think I heard you tell me anything about whether or not on conditional uses for day cares, if you wanted that to just end with that first applicant or continue like all other conditional uses do. I believe the issue on the alcoholic beverages at the drive-up, we decided that the state code would deal WIth that. And there was a little bit of an outstanding issue on the 26 foot driveway cut for parkways as far as counting as open space and I have done a little additional research since the last meeting on that subject. I had Christy Vigil go out and before she left the office to pick 50 lots in five different subdivisions, so ten lots in five different subdivisions, so a total of 50 lots, and go out and measure them, just so we had an idea of what was being bullt. Interestingly enough, Paramount Subdivision did come in with an average of 26 foot driveway cuts for theIr -- for theIr lots. Most of the others were higher, though. So, the overall average ended up being 29 feet three inches. So, I provide that information to Council. This is a real quandary. I think as a city it's a good thIng to encourage these parkways and with the eight foot width ACHD has kind of discouraged them, so, on the other hand, if that's the only open space that that property owner is going to get and everybody around happens to have 40 foot drIveway cuts, then, they are not going to get as much benefit out of that open space as some other folks would. So, it's a little bit of a quandary on that one. Other than that, you seem to be okay on the parking standards, which I haven't heard anything about that would come as an item that you had raised concern with previously. And I think those were the only kind of question marks that I just hadn't heard from you one way or the other on those issues. De Weerd: Thank you. Mr. Wardle. Wardle: Madam Mayor. My comments, Anna, with the conditional use, I would prefer that that stay with the property as far as the child care areas. We certainly can poll the Council in just a moment. I would also prefer that we reduce the width to 26 feet to incorporate some standards that would help more parkways within the city as a minimum standard. In additIon, to address another issue in Mr. Turnbull's letter, the ability for a drive-thru establishment to, for example, be at one end of -- two ends of a Meridian City Council August 16, 2005 Page 56 of 58 retail building that may be less than 300 feet apart, I thInk is an adequate compromise to our standards. CannIng: And that's how it was always intended. I just didn't word it very well. Donnell: Good. Canning: One other clarification, Madam Mayor, Members of the Council. I thought the edits were going to take me some time. I worked Sunday, knowing that I would be gone on vacation, so -- and today snuck in some time and I actually have all the edits done, except for the ones that you're going to proposed tonight. I still need to do some formatting. So, I can have that copy available rather quickly. I do just -- I won't be here, so it's going to be -- I can't make your next hearing date, but the 30th I should be able to have a copy ready for you, a clean copy ready by that date. De Weerd: Thank you, Anna. Is there any further -- okay. We need to have a second reading. Mr. Berg, could you, please, read Items 24 and 25 by title only. Berg: Thank you, Madam Mayor, Members of the Council. Ordinance 05-1171 by title. An Ordinance enacting a new provision of the Unified Development Code pertaining to development along state highway -- okay -- to be codified at Title 11, Chapter 3, Article H, of Meridian City Code, adding a new definition of the term approach to Title 11, Chapter 1, Article A, Section 1, of the Meridian City Code and providing an effective date. Berg: And Ordinance 05-1170 -- I'm sorry I got those messed up. An ordinance repealing existing zoning and subdivision regulations codified at TItle 11 and Title 12 of the Meridian City Code, reenacting a new Title 11 to be known as Unified Development Code and providing an effective date. De Weerd: Thank you, Mr. Berg. So, the third reading will be -- Baird: Madam Mayor, Members of the Council, I understood Mrs. Canning to indicate that she would have that clean copy ready for submission to the city clerk for third reading on the 30th of August. Is that-- Canning: It gives me one day, but -- my one day back. But I should be able to do that. Baird: And if there IS any problem -- no. We are going to make that happen. It's got to be the 30th. Item 26: Ordinance No. 05~1172 : RZ 05~007 Request for a Rezone of .13 acres from R-8 zone to 0- T zone for Meridian Counselina & Wellness Center by Ruth & Jeff Ulmer - 934 East 5th Street: Meridian City Council August 16, 2005 Page 57 of 58 De Weerd: Okay. Item 26 is Ordinance No. 05-1172. Mr. Berg, will you, please, read this by title only. Berg: Thank you, Madam Mayor, Members of the Council. Ordinance 05-1172, an ordinance finding that Ruth and Jeff Ulmer, the owners of certain real property, have made a written request for rezoning of the zoning classification for real property located on a parcel of land being the north one half of Lot 7and 8, Block 1, Cottage Home Addition, as recorded in Book One of the plats, at page 42, records of Ada County, Idaho, and lying in the northwest quarter of Section 7, Township 3 North, Range 1 East, Boise Meridian in 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, OT, Old Town, 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 the reading of the rules and providing an effective date. De Weerd: Thank you. You have heard Item 26 read by title only. Is there anyone who would like to hear it read in its entirety? Okay. Hearing none. Wardle: Madam Mayor? De Weerd: Yes, Mr. Wardle. Wardle: I move that we approve Item No. 26, Ordinance No. 05-1172 with suspension of rules. Bird: Second. De Weerd: Okay. Motion to approve Item 26. Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, absent; Wardle, yea; Donnell, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Okay. Thank you. I would entertain a motion for adjournment. Donnell: So moved. Bird: Second. De Weerd: All those in favor? Meridian City Council August 16, 2005 Page 58 of 58 MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: All ayes. We are adjourned. MEETING ADJOURNED AT 9:39 P.M. TAPE ON FILE OF THESE PROCEEDINGS) ~ v-i-----__________ q I 6 I t? 5" ~J1A~ 'NCCRIT DATE AP~~~''::J'IIII SJ,a 1(.-11- k/iia./-U ( Ch;- C"'w>cd jJr<'J'/dew< $~"~~ ~~\" ./ ;:: ~- ~ % ~ ATTESTED:JM-~' \ WILLIAM G. BERf J . ~ ?ITY CL~ J % ..,~ ~r 1S~' R,/ "-"-"'''''11 ~ ' ~~"'" IIII/tunl PII\\\\\\ August 12, 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT King Electric Signs V AR 05-011 August 1 6, 2005 ITEM NO. 5..8 REQUEST Findings for Approval- Request for a Variance to allow a second free-standing monumnet sign on the same street frontage for King Electric Signs - 2200 South Cobalt Pointe Way 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: R Emailed: Date: j<;-IS-G:> 4:-ne: Staff Initials: ate rials presen d at public meetings shall become property of the City of Meridian. COMMENTS See attached Findings ~ CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER Request for a Variance from Meridian City Code (MCC) 11-14-9C.l (Directional and Information Signs), to allow a free-standing monument style directional sign for the CitiBank Building, by King Electric Signs. Case No: V AR-05-011 For the City Council Hearing Date of: July 26, 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 S67- 6509. The matter was duly considered by the City Council at the July 26, 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 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 S67-6509, 6512, and Meridian City Code SS 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 verified that the property owner of record at the time of issuance of these findings is KDC Idaho Investments LP. CITY OF MERlDIAN FINDlNGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). V AR-05-0 II - PAGE I of 4 4. Required Findings per Zoning and Subdivision Ordinance a. See Exhibit B for the findings required for this application. 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. 967- 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 S 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. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code 9 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant is hereby granted a variance to MCC 11-14-9C.l Directional and Informational Signs, which states: "Directional signs shall be no greater than four square feet in area and no more than four feet 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." 2. 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 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S).VAR.05-01 [ - PAGE 2 of4 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. 1. 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 pennit 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. E. Exhibits Exhibit A: Legal Description Exhibit B: Required Findings for Variance By action of the City Council at its regular meeting held on the ~..r I- ,2005. /6 -/fJ- day of COUNCIL MEMBER SHAUN WARDLE VOTED~ VOTED~ VOTED ;n~ COUNCIL MEMBER CHRISTINE DONNELL COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD VOTED~ MAYOR TAMMY de WEERD (TIE BREAKER) VOTED --- ~ Mayor T de Weerd Copy served upon Applicant, The Planning and Zoning Department, Public Works Department and ctttomey. By:,- nO m h AJ tM..J City Clerk's Office Dated: g-I 'l ~Oc, CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). V AR-05-0 11 - PAGE 4 of 4 EXHIBIT A CitiBank Variance V AR-OS-Oll 04 j 11105 U()~ 15: 03' 214 n:\ 3108 I/tJOOl ~ ~ ADA CllUflTY flECOMffi J. DAVID IlAVARRO BOISe IDAHO oms!q.4 ll3:00 PM DepUTV Bar.nle aierhllllg ~~~!.~D~:nuES1 OF 11l11l!11II\1!~Ml~~~lllllllllllll GRANT DtED 'lJ((1' &;!" (1 3 3- Suod:mce !cveSlIllent Limited P=er~hjp. Grantor, tbr lloQd and VWl11lble cDnsidcrlItion, the receipt of which ia hereby acknowledged, does hereby grant, bargain, sell and cOllvey to KDC- ld~ho Investments LP. Gl"ilIltee. whose current address is 8411 Preston Rd., Suite 700, Dallae, TIC 7SnS, the following .d~crlbed real property, to wit: A parcel ofland as shown on Record of Survey No. 6437 lost. No. 104026949 as Parcel "A" being situated in the El/2 of the NW 1/4 of SectJon 21, Townshlp 3 North, R:mge l East, Boise Meridian, City of Meridian, Ada County, Idaho and described as follows: Commoucing at a brass cap monument IDaJ:kiug the NW comer of said NW 1/4; thence S89GI3'S4"E a distance of 1332.44 feet 10 a 518 inch 1cbll.l" marking the NW cottier of the snid E 112; thence S 89G 14' 2S"E a distance of 1332.54 feet to the NE COmer of said EI/2 of the NW1I4; tltencl! along the East line of said E1f2 of the NW 1/4 SOOGII , 32"W a distance of 1314.46 feet to II 5/B inch rebnr being the POINT OF BEGINNING; Thence continuing along said Em line SOO"ll'32''W a diSUUlce of13Q2,47 feet to II 5/8 inch rebar fronl which a brl\SS cap monument marking lhe SB conler ofsaid E1I2 oithe NW1I4 b= SOO"ll '32"W a distnnce of 40.00 feet; Thence leaving sllid Eutllne and parallel with the South Hne ofsnid BI/2 of the NWl/4 NB9"OS'Ol"W a distance of 899.46 feet to a 518 Inch Tcbar: Th~o.ce along lhe arc ora curv" to the right hnvin8:l rndius of73.00 feet, an arc length of 113.85 teet, a central angle of 89"21'17", nnd ll, chord bearing N44027'22"W a distance of 1 02.65 feet 10 a 5/8 inch robar; Thence paralic) with Ihe Wc~t Hnc of~<\id EIIZ of the NWl/4 NOoo13' 16"8 l\ !limnce of S 17,91 feet to a 5/8 inch rebar; Thence along tlte arc ofa ClUVo to tho right !laving a r;ulius of273.00 feel, an arc length of 135.64 feel, a central angle ef2S"28'OS", aut! a chord beating NJ4027' 19"8 a distance of 134.25 feet to a 51B inch rebar; Thence along the tire of a ftlVllrne curve lo the left h~ving :J. rndius of 277.00 feet, tlll am length of 137.63 feet,;l. cenltalangle of2S"28'05", and a chord bearing Nt4G27'19"E a distance ofl3G.22 feet to n 5/8 inch reba!"; Thence parallel with Gaid WeGt line NOO"i3'15"E lldi$!IUJCll of418.77 feeno a 5/8 inch lobar; ThenCIl N4S"12'19"E II dislllnce of 28.28 fOl:110 II. S/8 ineh taha:; Thencll 589"48'39"E a distance of 884.44 foot 10 thc POINT OF BEGINNrNG. Said partel conlains 28.012 acres more nr less and ii subjecllo all existing "lISemmts and rights- Or-Woly:l of record er implied. ToellthCTwit!l: An ingre.5-egress and utility efl5ement 54.00 feet in width situated in the EI/2 oCthe 't-.~ 1/4 of Section 21, Township 3 North, Range I East, Bolse Meridilln, City of Meridian, Ada County, Idaho and described as follow8: GRANT DEE!;) - ] 0'1-12-2005 09:20 KING SIGNS 2084618883 co oo~ C:ommen~illg ilt a brilSS cap monumem marl:ing the NE comer of the said E 1/2 orthe N\V 1/4, thence irlong the North line ofsaidE II2 ofthc NW 1/4 NS9014':2S''W a distance of 1332.54 feet to a 5/8 inch rcbar m:nking the Nw COllier of said .21/2 oithe NW1I4, thcn.::tlleaving said North line and along the West tine of said EI/2 SOO"13'lG"W a distance of2467.S0 feet to II point from which a 518 inch rcbar marking fue SW comer of said E1I2 of the NW 114 he:m; SOO"13 '16" West a distll11ec of 186.94 feet, said point beint the POINT OF BEGINl\iJNG; Snld easement contains 19,559 Squllro fc~t mere or less and is Subjcel to all existing cttllcmants and light-or-ways of record or impli~. S 89" 46' 44"E II distance of 362.20 feel to 11 point marking the lenlliQtlS of this desCliption Thence leaving said West lille IlIld being 27 foci on ench side olma following described Iilje: SUBJECT TO lax~ and assessme.ul.!i (or the year 2004 and all subsequent years, together with any and aU existing easements, rightS-Of-way, rccervatiOIlS, reatriclioD3 and ertctlmbrancc3 of record, 10 any existing tenancies, to aU :i':oning laws and ordinances, <md to any stale of fUCls an accurate surveyor inspection of the premises would show. This convGyancc shall include any and all appurtenances, tcuC>IlUlIllli, hcreditamelJt~, reversions, remainders, casements, righb.of-way and W'4tcr rights in anywiSe appertaining to the property herein descn'bed. IN WITNESS WHE iru;trumenl this ~ day of ~ ~~ ~~ ~~ GRAlI.'T DEED - 2 04-12-2005 09:20 KIt-IG SIGNS 2084618883 REQUIRED FINDINGS According to Ordinance 11-18-1, Variances, the Council may authorize in specific cases a variance from the terms of either the Zoning or Subdivision Ordinance. Specifically, the Ordinance lists the following Findings (MCCII-18-3), all of which must be determined before granting a variance: EXHIBIT B eitiBank Variance V AR-OS-Oll Required Findings A. 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; City Council finds that there are special circumstances affecting the property that would make the strict application of the sign ordinance impracticable or unreasonable. Staff finds that the unusually large building and lot for a single tenant does create a need for directional signage in order to minimize confusion. The existing building contains approximately 176,289 square feet of office space and occupies a lot which is 28.03 acres in size. It is unusual for a building this large to have a single tenant, which makes them ineligible for a Planned Sign Program for multiple signs of sufficient size to function as intended. City Council fmds that the size of the lot, configuration of the building, and the physical conditions affecting the property is an extraordinary hardship. The sign ordinance did not anticipate single tenant buildings of this size, and has no provisions for adequate signage to promote efficient navigation of the site through multiple large signs. 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; City Council finds that the unusually large building and lot for a single tenant does create a need for larger directional signage in order to minimize confusion and promote efficient navigation of the site. Staff finds that the size of the lot, configuration of the building, and the physical conditions affecting the property is an extraordinary hardship. City Council does find specific circumstances and conditions that make strict compliance with MCCll-14-9C.1 unreasonable. 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 requested variance will not be detrimental to the public's welfare or injurious to other properties in the area. City Council finds that the granting of the variance will be beneficial to the welfare of the public by minimizing traffic conflicts on the adjoining public roadways, which could be caused by confused visitors who are unsure of which building entrance to 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 for the additional monument sign will not have the effect of altering the purpose and interest of the Sign Ordinance. August 12,2005 MERIDIAN CITY COUNCIL MEETING APPLICANT JLJ Enterprises, Inc. AZ 05-018 August 1 6, 2005 ITEM NO. 5-0 REQUEST Findings for Approval- Request for Annexation and Zoning of 29.18 acres from R-4, R-88 and R-15 zones for Westborough Square Subdivision - southeast comer of Jericho Road and Chinden Boulevard AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY AITORNEY 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: COMMENTS See attached Findings ~vV Contacted: ~ ~ Date: r,\IS\as .1 Phone: Ernailed: ' ,~ R!'"~ \(\06") M~(\ C{tL Staff Initials: ~ atenals presented at public meeHngs shall become property of the Clly of Meridian. clferld{f;!/f; ; \ ~' ~:I'n II .' ~.'i c. ."'f",..",,\." "'" '''' STAFF SUMMARY OF CITY COUNCIL ACTION Transmittal Date: August 1 0, 2005 Project Name: Westborough Square Subdivision Case No(s): AZ-05-018/PP-05-020/CUP-05-027 Applicant: JLJ Enterprises, Inc. City Council Hearing Date: July 26, 2005 Recommendation: Approve with conditions A. Summary of Public Hearing: I. In favor: Phil Hull (Applicant's Representative) 2. In opposition: None 3. Commenting: None 4. Staff presenting application: Anna Canning 5. Other staff commenting: Len Grady, Bill Nary B. Key Issues of Discussion by Council: 1. Requiring noise abatement along Chinden Boulevard through a development agreement. 2. Changing the zoning for the five I-acre lots to R-2, not R-4. 3. Allowing the landscape buffers along Chinden Boulevard and between land uses to have encroachments (e.g. - sidewalks, patios, parking areas). C. Key Changes to Findings: Based on the July 26,2005, City Council meeting, staff has made the following changes to the Findings and Exhibits: · Exhibit A has a new legal description and map for the five one-acre lots on Jericho Road that were proposed for R-4 zoning. The new legal description reflects that the zoning for these residential lots will be R-2. · Exhibit D (Annexation and Zoning Comments) now requires a Development Agreement (DA) for this property. As a condition ofthe DA, the applicant is required to install noise abatement measures along Chinden Boulevard. · Exhibit E (Preliminary Plat), Site Specific Condition #2 has been modified to allow the 35-foot wide buffer along Chinden to include the width of the sidewalk (bullet #1); allows the width of the land use buffers to include parking areas and patios (bullet #3); and, requires the sidewalk for Chinden to be constructed on the street side ofthe berm/wall/fence (bullet #5). CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of Annexation and Zoning of 29.18 Acres from RUT and R6 (Ada County) to R-2 (Rural Low Density Residential), R-4 (Low Density Residential), R-15 (Medium High Density Residential) and L-O (Limited Office District) AND Preliminary Plat Approval of Seven (7) Buildable Lots and One (1) Common/Other Lot on 5.39 Acres AND Conditional Use Permit Approval for a Planned Development Consisting of Forty (40) Multi-Family Dwelling Units and Six (6) Professional Office Buildings with Reduced Lot Frontages and Multiple Buildings on a Single Lot on 5.39 Acres for Westborough Square Subdivision, by JLJ Enterprises, Inc. Case No(s): AZ-05-018, PP-05-020, CUP-05-027 For the City Council Hearing Date of: July 26, 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 S67- 6509. The matter was duly considered by the City Council at the July 26, 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 ~S 11-15-5 and 11-17-5 as CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-05-018 / PP-05-020 / CUP-05-027- PAGE I of5 evidenced by the Affidavit of Mailing, ahd 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 verified that the property owner( s) of record at the time of issuance of these findings are Stetson Properties, LP, GoldCreek Developers, LLC, Meridian Joint School District, David Lieberman, Shaun and Dawn Luchini, Waldorf & Sons, Brett Stigile, and Reed and Amber Kofoed. 4. Required Findings per Zoning and Subdivision Ordinance a. See Exhibits G, H, and I for the findings required for these applications. 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 (LC. ~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 Descriptions in Exhibit A, the Preliminary Plat dated July 15, 2005 as shown in Exhibit B, the Site Plan dated July 15, 2005 as shown in Exhibit C, the Annexation and Zoning Comments as shown in Exhibit D, the Preliminary Plat Site Specific and Standard Conditions as shown in Exhibit E, and the CUPIPD Site Specific and Standard Conditions as shown in Exhibit F. The conditions CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-OS-O 18/ PP-OS-020 / CUP-OS-027- PAGE 2 of 5 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 S 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: I. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat dated July 15, 2005 is hereby conditionally approved; 2. The applicant's Site Plan as evidenced by having submitted the Site Plan dated July 15, 2005 is hereby conditionally approved; and, 3. The Site Specific and Standard Conditions are as shown in Exhibits E and F. 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 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 commission and council a construction schedule and completion date for the project. Ifthe 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.) 2. Notice of Twelve (12) Month Preliminary Plat Duration Please take notice that after the date of approval of the preliminary plat, the owner or developer shall have one year within which to file the request for approval of the final plat. After approval of final plat, the owner or developer shall have one year to begin construction of the public utilities and one year thereafter to complete construction of those public facilities. (MCC 12-2-4.B & C.) CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-05-018 / PP-05-020 / CUP-05-027- PAGE 3 of5 E. Notice of Final Action and Right to Regulatory Takings Analysis L 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 ofthe 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 Descriptions (4 zones) Exhibit B: Approved Preliminary Plat (with conditions) Exhibit C: Approved Site Plan (with conditions) Exhibit D: Annexation and Zoning Comments Exhibit E: Preliminary Plat Site Specific and Standard Conditions Exhibit F: CUP/PD Site Specific and Standard Conditions Exhibit G: Zoning Amendment Findings Exhibit H: Preliminary Plat Findings Exhibit I: CUP/PD Findings By action of tlle City Council at its regular meeting held on the ,t:frA~~('-t- ,2005. /6 --If. day of COUNCIL MEMBER SHAUN WARDLE VOTED~ VOTED~ VOTED~~ COUNCIL MEMBER CHRISTINE DONNELL COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD VOTED~ CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-05-018 / PP-05-020 / CUP-05-027- PAGE 4 of 5 MAYOR TAMMY de WEERD (TIE BREAKER) VOTED-==- Attest: and City Attorney. By:, /)(L\ (\ m d\A 0 11'10 City Clerk's Office Dated: ~-l '6,05 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-05-0 I 8 I PP-05-020 I CUP-05-027- PAGE 5 of 5 EXHIBIT A Westborough Square Subdivision AZ-05-018 Legal Descriptions PlUJ-!:Cf< WJ;.;;1BOP.:OUGH SilUUlYJSIOi\ PWi"'" NQ 30J~J wn lONI!Jt"l COJDIJ!..NnNC 411bc JS' b-m::J O;;"P. C'tllml' Rcta'J I1J/JW.5Z6'3(i., IU.iJkJU)l. Lhe U:J,riJ",,;~ l:U1U;::r nr:ul;d Sa:nQn )Q.. Thcn'&:Nnr.hti9"'$1~35" WC:ilCOllx/ljm~ wBh lhc wrili lial: c!nid ool"tl:1l.:.a.U ~ ~ dirw.lC-:! or [:l4f,"/$ fC::i;' to tll:.c/:nh:rlim orN. !oull:_ho Rood TIlt-IX:::: 5Ql;IU0ct2'i/'jii~ Watrolr.dd::mwllb~';:mll~lim:oE.\f:\_ Jer~ooRWI.tllnJ3.5 fe&J I:,-L'i-.! [,OINT OF nr::GlJ'iJiING. Tlu:til::-ll SauhM~<\I:j'nJ" i;3,1~ jrt.14 t~llr 11)., 51I!-HNhlrlOfp Pl-S j4Cit =(~j.OR Ib~ br;:J::irwun: Criil b.nl":n1 Thl'lrK.t'J (LiA1 Ccc! *QY [Dc:m: af.l:Udt:III"V-t II) d~ oglll, b.':i\'L'lJ;;) ,,~ct:d Gnat:.of UI"02'(4" ,1 I"i:ldnl.3 of 2D~.OO CI'ct, ,.00<ndodby. cho,d b"""ogSll<llh 5INS'Ol"F..", 4>>.10 r"II. .51!1" ",boriC>)' PL5 S44l; Tbl;"~a .!-j-C'A-.Hbn....;7'Ol.. ~iI:1, G-::l.13 fcq: UI a ;:sra" ~bu;lc:pPts :;41H lIi'irt.,miI tn1l: begLW:11ng Qfl fo'ln';CIII lh:~~Soo~b S~4?'03-" Eil-u. 71.3J f!;letIIJ-JlS';" IM~';I:~-pPLS ~(i! nurbnn L'l.e JioulliJ:'iJ.II/..'outCE Df till I. Ul~k I or .$:lId WiC:Jtbo~ou&b S~bdiYl:n"n: lo~ /, B1~;:~\:::~~h~~~~~~~::J~;,~t If) II sm" n:BJrtQP Pl.S ~6f 1lWbn.,g the nonb~ ~mcrtlf Thvol;c 5uulb.:!l~JO'o.j- Eut.19.J..20!lx-~ lu.:j. ;S!S~ 1d1.1:r,''".IJI?L5 !YI6J awL:mg ~ :$tll.llblCl'.....L I;Q-mror Ijf Lf1~ G. Block. I o.r Ililm Wnlhm:tit~th 8ub:i:(vtu<:inc Theuct-Sn!j:~h OQ"YrJ6" Wt"tl, lD.OO rl;:i;{ tel' II: SfH" t~I!.llrt~lll'lS 4+131: ,.t-.cllC~ South SrSPH'" E.t.'Jt, 237_6:2 rEtct fQ I 'Ill" t:Wa~I) PLS 546J; 1"1l:l1te SQutb J 7"19'1..... wI.,. .1->l43l: r~1 10. Ylj'" rc-oo!/o::-ap ~lS "4Jt Groll': RO~~n::,,= South .m~52I$r' :FA"", J94,oQ!.I f:ct t~ ill ,SJ"5'" .p:barl"'lJ P.I..S 41J i ;jIn4lb.c:~tt!lh.rJ(:.o1' N< l.t;.:w.t Th:n:1!" Saud1 OO.J1'.jcr' Wc:1""m;j'ikm M:th.ll:nd-ct1JU;dwotN.1.<<\W~OtO'r't"B.u-ad,;SlO:OJ k~ w;;: $(!'" reb.u/c;ap PLs 4'~J.1 rfufk.ng d)t: S:UU!.bc:ur~ ofsa.ro W~~tbC:C1u~,1..Suhd~YUID!::;. l339.01 ~~:::~~~.~i:~~.~ k;~~r;~::~ lh:~lnrthtl~ybDljlldJlry of ~ld Wcst'Pcrou&hSubd~)Ji1'UII. ~I;:NO~OlffiM;9'.s6'" &:It.tQw:m~t'l'"ittl:llm: ~i:l:II.:t:U:!K!(I-r!l~ud:!'t_ Jem:hoRtmd, ?tJ-:OOfcUfO Ih(l ,.On<T OF lIJt(:JN}ffi'<C Th~ p.;IICt"t-lLbave m:Ja:;:tiJ:..>Cd~~cd CUnl:lr.rn j"I.02 .;IC'lXS mcr~ 'Ut ~C'Ai\+ 1p{;fUws l.ilh.:.mJ rwbJt'ct(o t"OV-J:'ToAl'I::L e;neJlU(Jl~. ~;t.d re~h'K:ti'Df'J1 oIruw e~~~\ EXHIBlT iVlAP FOR WESTBOROUGH SUBDIVISION LOT 7 ZONE R-4 ~ rl;!'t~ R'IIIPACIFIC _E'1"~' "~~' 'l~.~jW~~ 6~~i'C [lr(ljc~tNl} WESTllOROUGH Slil.ll)l\'I~ION JOJ6:n.QTS I nrnu j ZON~ 1(-2 (:O"'1ME~C1NC;tl ttc- 3 S' b:r;u.; eiIL onm~~ l!:'<';QI~ #10105-2636. rrakins: the r.{Ildw..ul t:tJtlr.'J' of:mid Sre:uon ~O, nlelwe Sonh !9"5-I'3:'i'1 Wer>I~m-...,dent VIlli: the tltIrth IDID~r..'.a:d mJ.r!h'l!:ut ~~ oil. Wbu..i::e of nU.75 ('~I to Ibe ccntctJi:=pfK Jaricl\r. Road: OF nF,Gii~~~~a:th 0{I"".l9":;"" V;~I-::"im::i'da1t with tit.: -I::'-'IItt:t'JU'Jo: on{ Jerk-ho Rood., .$7{,..2~ f"~J :t..~::floe I'OlNl" ~i!! SQl,\~~!MO.Q..i" Ee.:s.r, 30'S..5.Oo fee! tL)a 5..ilT' ~t:bll~/C'1i' l~l:; ~l muk1."1g ~ "nITh"fj~~O:'lt:;';,Qr tnt 'i~ mod;. 1, Qr $auJ W~lkrrnugb ~ubc:hiisian~ Jl.rer:-Ci: Sau~ ("Jif29'51f" W~ot""'Jo 799Al ft.cll(t;ll. 5l8" J~b.i-iri";j;-p PLS.3461 nwkin;i: Lln:: '".,....!holl...;:t ~ ~ t.ut t, Hlm::k 1~ of:S:l1id '~.ffioorou&h SuOd;v!!;1nn,. Th:e...";.;;:e Nanl171~~7'lJr W-est, 6.'i.7J f.:i.;1 >>~98'"ft'~.rA:..:Jpl'l.s5461.frl.J~kin~ 'fu.:bC-~"'(.l.lIl!;Cl1l 1lIrr~K~ 6~A7 {cr:loUqnc the.m: o1':1aJ.d i:1L.iI'l",: W 'Iht ~el1'. ~~j:lj',; a.....QII(...I..n;!c of 18"U2'1),l"'..l t1I:!iull Qf 1i'iR_flO ftd. ~b.rroJ.;:d by Q cirord bc.ilrir.g North !O~.:I3'02" Wcr.:t, 65,'21''1 (;XI to ~~" f(b-:fl'k~p lJ-LS ~{.~; ]~l1ccNIJ:rtb. 5~1""4IJ'O:;" Wt'Jt, 50.14 fr:ct;n the cCIlU:lhrl.li (If u1'll'Y, Jfrn:OO.kc.1d.;. 1.OlNTJ~~~~~~~~~9'~{( 111-;;ltlll:n::i-tk:n~.,,;:hd1c-.:~me,lim~(!fl'.tfll~ Jc:ri:..!W.R;;,.Jd.l6f~JJ ro::tlnM The pml;'.C'l OI.bUlo't' d~;!iClib!:4 p-uc-el c-ol1.'"l1in~ -5.5J '](:U$ nJClr>:: (}t 11:.':1 l't)gor:lbtt l't-itha.":d wbJc:ct Ii) I"O\"CI~Ij. C:'-l!l-tJ:no:nt, IwLl re1ilnl,,1i\1m Q-f ~O;]nL ~~tSD:~;~::.LS ~ ~\\)\I~L!.A",.:J #"4; ,,~151E.p~~~ ;~7^ '3-oI;j,f..g:~~~~ EXHIBIT MAP WESTBOROUGH SUBDIVISION LOT 1 THRU 5 ZONE R-2 , N HOTt~,Lt .ktJi.[~,C I:I..~ B~"'STc.pe~t- l "5461" ~ ~~'- "- (tj O!-2H5 ~t :51~m '<ron-W&H Pactie ooln, te em; PARCEL DESCRtJ'TION July 2 t. 2005 ~~~}:~;NO.: WEST\3.0ROUGH SQUARE (R.-H) 30363 A porcel of land loc.[ed in (he "orthc.~l Y. of the north....t '1.0 ofSeeuOll 30, Township ~ North, Range 1 E:.>I, Boise Merichan, Ada Olunty, Idaho, referencing We5lbo",u~h Subdivision, lecordcd at Pag" 9884. 9885. nnd 988 S. Book 87. lnstrumeut #103100998. more p:>rriculwy d<.scribed ... folloWs' COMfl.1ENCCP.lG lit tho nonh=t cotner of said Suctioo 30, ll1llrkcd by 1\ 3.1" brass cap, Clllner n:cord 11101 052635; Tmnee North 89"SI'35"Wesl coincidCD! with the nom Ime ohaid no~st '4 oithe nonhenst y. ofSernon 30. ~ disr.anec of737.91 (eet to the POINT OF BEGl]\l'o'ING; n"'OOe Somh 00'31'36" Wesl, 480.02 feer; Thence North 89"30.{)4" Wesf, 322.87 (::C[, 'fJ:once North 00"19'56" EaSl, 99.73 feet:: Thenco North 22"47' 49" East, 142.07 feel; Dlencc North 00.08'25" F..ast, 247.14 fce[ '0 the said llonh ]i". ufthc nonbC..1 'n orille nonhea~! X of SllCtio~ 30; Thence Soulh 8$)"51 '35" East coil1eidenr with [he snid north linc ofthe norrheasl Yo of the nOl1h.aS1: v.. of Seed 011 30, n distvnce of27l.59 [eel to the POINT OF llEGINl\'ING; Thcpll."od nhove descnbcd conlJlins 3.17 acres more Of ie5.S Tosether with and .ubjecllo covenants, 005=0'11" and r""Dietiol" ufr<cord. Tho ba&is ofbe.rln&& fQnhe .bove d""cription is Nurth 89'S I '35" West between the 3,5" brass c.p (carner record 1f101OSZ635) nurkiug the northeast cOmer o[Section 30 and tho 3.5" bn.s cap (comenecord #8953713) 11l.,.1.;;Tlg the nonh X comer of Section 30, both in Towmhip <: Komh, Range I Eas~ Bot;. M~'11~ v. ,h Eod Description. Ucense Ko. 5461 .k~g!~C _._.._~-- EXHIBIT MA.P [o'on WESTBOROUGH SQUARE ZONE R-15 (! PARCEL OF LlND AU LOCA1TII IN THE NEl/4 OF SECTION 30 TAN.. H,lE.. BJE.. ADA COUNTY, IDMJO 2005 271.59' CHJ:NDJ,f;N BOULEVARD 589'51'35"/:: N89'S1'35#W 737.97' ,!.u ~~ ~~ ~ . .1.", (;;. :;: ~'.~ ,,~ ~ ~ ~~ ~g ~ ~ 12 ~ ~ 3,17 Ac.:!: ~ ~ ~ N89'30'04"W .322.87' ~ };~gg.~G ~ -.- NOT TO $WlD: rw 3.5" M.4.Zf~ 29 cr.,., I1\nGUF.J5 OH1-05 .1:52pm Frorn-W'H P.~flc eCIS~, lD 83705 T-18~ P,C04/005 F-l2T PARCEL DESCRlPTrON July 21, 2005 :~;j~~:':-Jo.: WESl'BOROVGH SQUARE ([,-0) 30363 II. pared of 1nnd 10c"lo<l in Ihe nonhrasi Y. o[the l'lonbeasE Y. "t'Section 30, TO'NmbJ;>~, KOl\h, Rango t East, DOlSe Mcnclian, Ada CoUllI)', Iduho, referencing Westbcrough Subdivision, recorded ar Puge 9884, 9885. and 9SS5. Book 87, lnslrlunent ~t0316699g, more p'rtirularly dl>:lcnlled a. follow,: COMMENCL'>iG at the northe;,st comer of ,aid Seclioll30, markt:d oy, 35' brass cap, Comc:r.ecord #10 1052635; Thence K on!l 89.51 '35" We.t coincident with !be north line of said northeast y. cflhe northeast 'I. of Sectlo1130. a distil!lcO of 1009.56 fcd [0 the PODOT Or, BEGI:\1I.TolG; Thellee South 00.OS'25" Wes~ 2:47,14 feel; nl<'Dee South 21"47'49" West, 142.07 feel; Thellee South 00'29'5(;" Wes"'~ 99.73 feet: Thence Norlh 89'30'04" Wc~~ 279.82 Iee! 10 IDe <eclalme of Jerieho Real!, Thence North 00'29' 56" ast coincident with tll~ .aid <emerline of Jericho Road. 476.24 feet ro Ibe nonb lillt of said SeCl1l>D 30; Thence South 89'51 '35" EJ.St comcidcnr wjth the said nonh line OfScclion 30. a diJ:umce of332.19 fcellO tl'e POTh.,. OIl Hl::GlNNll'W; Tee parcel abO\'e deslZlbcd eout;!,u;s 3.45 <teres InOn: or less. To.a;etller \vitJl.fmd '~\1bJect to C;OVL'11aOt:!. t~as~rn":;D1S; am! zL::str;ictirm:ot o[Tccord Tee basi. ofhcllriDgs [Or !he nbove description is ~ortl1 S9"jI '3.5" West bel\\'een the 3.S"b",.. cap (con;cr record #EOlO5Z635j l."llIrkins lae n01\hc~st comer of Section 30 and the 3.5" br:l.$s cap (comer record #8953713) tlllJr!Ung the north V. corncr of Seenon 30, both in Towmhip 4 North, Rnn!!e lEast, 80ise Mcndinn a"j~. ort1. .r. End O""criptiotl. OHHS Frcm-WtH P~ctJc BOI~., I D 51705 T-195 PooS/aos F"1t7 EXHIBIT MAP FOR WESTBOROUGH SQUARE ZONE L-Q A PARCEL OF UN/) .!.1.L LOCATEIJ IN THE NEI/4 OF SECI'fON 30 T.4N.. R.IE, S.M., ADA COUNTY. IDAHO 2005 CHIJ'<lDl!N' DQU!..tVlt-RD ~:~":;'''F ~ F :9 ~ BEG'NNfNG It) :; i~ .., 3.45' ~C.~:'!:;'./'~ fj, i~ ?~,~ i ~ N89'JO'04'W ~,~ ~ 279.82' :::::: & .f~~~~lC ---'------ 1009,56' ~ ~ NO:!C~LE .... ,,' ..'"..~~ I ;: c;P..r'cri7l'~ EXHIBIT B Westborough Square Subdivision PP-05-020 Approved Preliminary Plat EXHIBIT C Westborough Square Subdivision CUP-05-027 Approved Site Plan EXHIBIT D Westborough Square Subdivision AZ-05-018 Annexation and Zoning Comments ANEXATION & ZONING FACTS AND COMMENTS 1. The subject property is within the Urban Services Planning Area. The legal description submitted with the application shows the property as contiguous to the existing corporate boundary of the City of Meridian. The Public Works Department has confirmed that the submitted legal description meets the requirements of the City of Meridian and the Idaho State Tax Commission. 2. Prior to the annexation and zoninl! ordinance aooroval. a Develooment Al!reement (DA) shall be entered into between the City of Meridian. orooerty owner (at the time of annexation ordinance adootion). and the develooer. The aoolicant shall contact the City Attorney. Bill Nary. at 888- 4433 to initiate this orocess. The DA shall incoroorate the followinl!: · That the aoolicant al!rees to construct a to-foot tall berm/fence or berm/wall combination alonl! Chinden Boulevard. The heil!ht of the berm/fence/ wall shall be measured from the centerline elevation of Chinden Boulevard. The heil!ht of the wall or fence may not exceed 6- feet in heil!ht (measured from the too of the berm). The slooe of the berm may not exceed a 3:1 ratio. The reouired sidewalk alonl! Chinden Boulevard shall be constructed on the north side of the berm/buffer. EXHIBIT E Westborough Square Subdivision PP-05-020 Preliminary Plat Site Specific and Standard Conditions SITE SPECIFIC CONDITIONS (PRELIMINARY PLAT) 1. The preliminary plat prepared by The Land Group, Inc., labeled sheet PP-I, dated 7-15-05, is approved with the changes listed herein. All conditions of the accompanying Annexation/Zoning (AZ-05-018) and Conditional Use Permit (CUP-05-027) application shall also be considered conditions ofthe Preliminary Plat (PP-05-020). 2. The submitted landscape plan prepared by The Land Group, Inc., dated 7-15-05 is approved with the other changes noted in the conditions below: · Construct eHhef a 35-foot wide landscape buffer OR a 10 feet . ise lafJ.ssea}38 -I:Htffef along Chinden Boulevard (includin~ the width of the sidewalk), :f.f....t.lre sias, aU;: fer Chiaaea Be Lile ara is eeastmetea ,ithin the Fight sf . frj, the saffer shall Be 35 feet. The "iath efthe laaas€Elfle BaffEJr shallse 10 fcet iftfle siae all;: is eoastruetea , ithia the laaaseape Baffer easemeFlttlet. In accordance with MCC 12-13-10, install 1 tree within said buffer for every 35 feet of frontage on the Chinden Boulevard right-of-way. · Construct a minimum ten-foot wide landscape buffer along Jericho Road (buffer width shall not include sidewalk width). In accordance with MCC 12-13-10, install 1 tree within said buffer for every 35 feet offrontage on Jericho Road. · Construct 20-foot wide landscape buffers along the south and east property lines, and between the multi-family use and the office use. Said buffers shall contain materials in accordance with MCC 12-13-12-3 and fl:et.!!!!!Y include impervious surfaces such as parking areas, l!aral!es and/or patios. · The applicant shall work with the City Arborist, Elroy Huff, on designing, adopting, and implementing a protection/mitigation plan for the existing trees on site. · Construct a IO-foot tall berm/fence or a berm/wall combination alonl! Chinden Boulevard. The heil!ht of the berm/fence/wall shall be measured from the centerline elevation of Chinden Boulevard. The heil!ht of the wall or fence mav not exceed 6-feet in heil!ht (measured from the top of the berm). The slope of the berm mav not exceed a 3:1 ratio. The applicant shall be required to construct a minimum five-foot wide detached sidewalk along Chinden Boulevard. Said sidewalk shall be on the north (street) side of the reauired berm alon~ Chinden Boulevard. 3. Prior to signature of the final plat by the City Engineer, provide a cross parking/cross access agreement for all ofthe new lots within the subdivision to utilize the drive aisles and parking areas (including sidewalks). Maintenance of the drive aisles and parking areas should be provided for in a note on the face of the final plat, AND/OR in a document such as CCRs. Vehicular access to this site shall be restricted to those approved by ACHD, ITD and the City. A note shall be placed on the face of the final plat prohibiting vehicular access to this site from Chinden Boulevard. 4. 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 MCC 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), 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. 5. Construct a six-foot tall solid fence along the south and east property lines (adjacent to the existing residences, school and church), as proposed. A detailed fencing plan shall be submitted upon application of the final plat. If permanent fencing is not provided around the entire perimeter, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of building pennits. All solid fences shall taper down to 3-feet maximum within 20 feet of all right-of-way. All fencing shall be installed in accordance with MCC 12-4-10. 6. The applicant has not indicated who will own and operate the pressurized irrigation system within this development. Underground year-round pressurized irrigation must be provided to all lots within this development. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If the pressurized irrigation system within this development is to remain a private association system, complete plans and specifications 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 shall be submitted prior to plan approval. The applicant shall be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary 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 City Engineer. 7. Maintenance of aU common areas, including but not limited to: drive aisles, parking areas, landscaping, etc., shall be the responsibility of the Westborough Square Owners' Association. 8. Westborough subdivision has designed and installed a private sewer lift station as part of an earlier phase. When public works reviewed and accepted the plans for this lift station, staff was approving it for only the five lots for which it was proposed and five commercial lots. With the added multiple family dwelling units engineering staff has some reservations on the ability of this lift-station to service the proposed extra volume of effluent. The applicant shall install a flow monitor to measure the true amount of flow that is being generated by this development. Thereby enabling engineering staff to determine how many lots of this may be developed until gravity sewer becomes available. The applicant shall be responsible to construct all required sewer mains to service this project, main sizing and routing to be coordinated with Public Works. 9. Water service to this site is being proposed via an extension of water mains located Jericho road. A water connection to Locust Grove road may be required to achieve adequate fire flow for the proposed development. The applicant shall construct water mains to and through this proposed development. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. Coordinate main size and routing with Public Works. 10. Water service to this site is being proposed via an extension of water mains located in Jericho road. A water connection to Locust Grove road may be required to achieve adequate fire flow for the proposed development. The applicant shall construct water mains to and through this proposed development, coordinate main sizing and routing with Public Works department. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. 11. The preliminary plat depicts three seepage beds being installed within 20-feet of a proposed building. Per DEQ regulations there shall be a minimum 20-foot of separation between an underground storm drainage facility and any building. The applicant shall make the necessary adjustments to comply. 12. All sewer and water mains not in the ACHD right-of-way must be centered in a 20-foot wide utility easement. GENERAL CONDITIONS (PRELIMINARY PLAT) 1. All grading of the site shall be performed in conformance with MCC 11-12-3H. 2. Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to MCC 12-13-10-8. 3. A letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 4. Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Pinal Plat for this subdivision shall be recorded, prior to applying for building pennits. 5. 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. 6. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Pair Housing Act. 7. Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 8. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 9. A detailed landscape and fencing plan, in compliance with the landscape and subdivision ordinance and as noted in this report, shall be submitted for the subdivision with the final plat application. 10. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 11. Two-hundred-fiftyand one-hundred-watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Pinal design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior commencing installations. 12. Submit any up-dated groundwater/soils monitoring data, as collected and analyzed by a soils scientist, to the Public Works Department for review. Any drainage areas (detention/retention basins) must be designed to ensure that water will percolate or discharge with a period of time not to exceed 24-hours for all storms up to and including a 100-year storm events. 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. The engineer shall be required to certify that the street centerline elevations are set a minimum of3-feet above the highest established normal groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least I-foot above groundwater. 13. The applicant shall coordinate mailbox locations with the Meridian Post Office. 14. 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. ] 5. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 16. Applicant's engineer will be required to submit a signed, stamped statement certifying that all street finish centerline elevations are set a minimum of three feet above the highest established normal groundwater elevation. 17. The applicant shall be required to pay Public Works development plan review, and construction inspection fees, as detennined during the plan review process, prior to signature on the final plat per Resolution 02-374. 18. Staff's failure to cite specific ordinance provisions or terms of the approved annexation/conditional use does not relieve the applicant of responsibility for compliance. 19. Preliminary plat approval shall be subject to the expiration provisions set forth in MCC 12-2-4. OTHER AGENCY/DEPARTMENT COMMENTS & CONDITIONS MERIDIAN PARKS DEPARTMENT 1. Minimum acreage standard for City Park: The City is willing to develop and maintain Community Parks, Urban Parks, and Neighborhood Parks. Neighborhood Parks will be reviewed on a case-by-case basis. The City may choose to maintain neighborhood parks at an acreage of seven acres or larger. It will be the responsibility of private homeowner groups or associations to develop and maintain the smaller mini parks and some Neighborhood Parks in their subdivision that the City does not maintain. 2. Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance (MCC 12-13-13-6) will be followed. SANITARY SERVICES COMPANY 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. 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 Deparhnent 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 W' 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 comers 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 DI03.6 Signs. 5. To increase emergency access to the site a minimum of two points of access will be required for any portion of the project, which serves more than 50 homes. The two entrances should be separated by no less than ~ the diagonal measurement of the full development. 6. Building setbacks shall be per the International Building Code for one and two story construction. 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 proposed multi-family lot has an estimated 40 units. The Meridian Fire Department has experienced 2612 responses in the year 2004. 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. The 6 office/commerciallots 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 2612 responses in the year 2004. 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 201 O. 10. The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer 11. Maintain a separation of 5' from the building to the dumpster enclosure. 12. Provide a Knoxbox entry system for the complex prior to occupancy. 13. The first digit of the Apartment/Office Suite shall correspond to the floor level. 14. The applicant shall work with Planning Department staff to provide an address identification plan including a pylon/monument sign at the required intersection(s). 15. 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. 16. All aspects of the building systems (including exiting systems), processes & storage practices shall be required to comply with the International Fire Code. 17. The proposed location of the Meridian Fire Station meets the general requirements of the Master Site Plan for fire station locations. The site appears to have met the minimum lot dimensions required for a satellite fire station location. 18. All portions of the buildings located on this project must be within 150' of a paved surface as measured around the perimeter of the building. 19. Provide exterior egress lighting as required by the International Building & Fire Codes. 20. 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). 21. All R-2 occupancies with 6 or more units or with 3 floors shall be required to be fire sprinklered. This may be required for the subject 4-plexes. 22. There shall be a fire hydrant within 100' of all fire department connections. ADA COUNTY HIGHWAY DISTRICT SITE SPECIFIC CONDITIONS OF ApPROY AL 1. Dedicate 27-feet of right-of-way from the centerline of Jericho Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required pennits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested materiaL The owner will not be compensated for this additional right-of-way because Jericho Road is classified as a commercial roadway and is to be brought to adopted standards by the developers of abutting properties. 2. Construct Jericho Road as one half of a 40-foot street section with vertical curb, gutter and 5-foot concrete sidewalk. 3. Construct a 3D-foot wide curb return type driveway that intersects Jericho Road approximately 285-feet south of State Highway 20/26 (Chinden Boulevard), as proposed. Pave the driveway its full width and at least 30-feet into the site beyond the edge of pavement of Jericho Road and install pavement tapers with 15-foot radii abutting the existing roadway edge. 4. Comply with requirements ofITD for State Highway 20-26 (Chinden Boulevard) frontage. Submit to the District a letter from ITD regarding said requirements prior to District approval of the final plat or issuance of a building permit (or other required permits), whichever occurs first. Contact District III Traffic Engineer Dan Coonce at 334-8340. 5. Comply with all Standard Conditions of Approval. STANDARD CONDITIONS OF ApPROVAL 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be dan1aged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State ofIdaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building penllit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1- 800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387- 6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use ofthe subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. CENTRAL DISTRICT HEALTH DEPARTMENT 1. This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted. 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 3. Run-off is not to create a mosquito breeding problem. 4. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 5. 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. SETTLERS IRRIGATION DISTRICT 1. All irrigation/drainage facilities along with their easements must be protected and continue to function. 2. A Land Use Change Application must be on file prior to any approvals. 3. A license agreement MUST be signed and recorded prior to construction of any S.LD. facilities, or within its easements. 4. Any changes to the existing irrigation system such as relocation, tiling, and landscaping must be approved by Settlers Irrigation District. 5. All storm drainage must be retained on site. IDAHO TRANSPORTATION DEPARTMENT 1. We have reviewed the preliminary plan for the above referenced subdivision and are pleased to see that all access is either from Locust Grove or Jericho Road and no additional access will be required from US-20. At this time we do not have any additional stipulation for the subdivision. 2. Noise abatement (berms, fences, etc.) will be the responsibility of the developer and will be constructed off of the State Right of Way. EXHIBIT F Westborough Square Subdivision CUP-05-027 CUP/PD Site Specific and Standard Conditions SITE SPECIFIC CONDITIONS OF APPROVAL (CUP/PD) 1. The site plan prepared by The Land Group, Inc., labeled sheet SP-l, dated 7-15- 05, is approved with the changes listed herein. All conditions of the accompanying Annexation and Zoning (AZ-05-018) application and Preliminary Plat (PP-05-020) shall also be considered conditions of the Conditional Use Permit (CUP-05-027) application. 2. The project shall conform to the L-O and R-15 dimensional standards, except as follows: Minimum frontage: O-feet Multiple principal detached buildings may be constructed on a single lot. No other variances, exceptions or reductions to the City adopted dimensional standards or uses are approved with this CUP/PD application. 3. As one amenity for the PD, provide a plaza space with benches, planters, tables and trees and a more direct walkway from the plaza space to the multi-family portion of the development. As the second amenity for the PD, provide a tot lot within the multi-family portion of the development. 4. Set aside at least 10% of the gross area of the multi-family portion of the development as open space, as proposed. Provide at least 100 square-feet of private useable open space for each dwelling unit. 5. All building construction within Westborough Square Subdivision shall substantially comply with the elevations on file with the Planning and Zoning Department, prepared by McKibben & Cooper Architects. Construction materials used on the structure should be approved by City of Meridian Building Department and in accordance with the most recently adopted City of Meridian Building Code. 6. All parking stalls and drive aisle dimensions shall meet city ordinances, with parking spaces being at least 9 feet by 19 feet adjacent to 25-foot wide drive aisles. 7. No signs are approved with this CUP application. All business signs require a separate sign permit in compliance with the sign ordinance. All signage shall be in accordance with the standards set forth in this report and Section 11-14 of the City Zoning and Development Ordinance. 8. No building or other stmcture shall be erected, moved, added to or stmcturally altered, nor shall any building stmcture 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). 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 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. 10. If constmction has not begun within 18 months of City Council approval, a new conditional use pennit must be obtained prior to the start of development. 11. 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. 12. It is the applicant's responsibility to ensure that all construction conforms to the requirements of the Americans with Disabilities Act. 13. Comply with the conditions and comments of all City Departments, and other agencies. 14. 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 pennit. OTHER AGENCY/DEPARTMENT COMMENTS & CONDITIONS MERIDIAN PARKS DEPARTMENT 1. Minimum acreage standard for City Park: The City is willing to develop and maintain Community Parks, Urban Parks, and Neighborhood Parks. Neighborhood Parks will be reviewed on a case-by-case basis. The City may choose to maintain neighborhood parks at an acreage of seven acres or larger. It will be the responsibility of private homeowner groups or associations to develop and maintain the smaller mini parks and some Neighborhood Parks in their subdivision that the City does not maintain. 2. Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance (MCC 12-13-13-6) will be followed. SANITARY SERVICES COMPANY 1. Please contact Bill Gregory at SSC (888-3999) for detailed review of your proposal and submit stamped (approved) plans with your celiificate of zoning compliance application. 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 12" 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 DI03.6 Signs. 5. To increase emergency access to the site a minimum of two points of access will be required for any portion of the project, which serves more than 50 homes. The two entrances should be separated by no less than 12 the diagonal measurement of the full development. 6. Building setbacks shall be per the International Building Code for one and two story construction. 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 proposed multi-family lot has an estimated 40 units. The Meridian Fire Department has experienced 2612 responses in the year 2004. 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. The 6 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 2612 responses in the year 2004. 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. 10. The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer 11. Maintain a separation of 5' from the building to the dumpster enclosure. 12. Provide a Knoxbox entry system for the complex prior to occupancy. 13. The first digit of the Apartment/Office Suite shall correspond to the floor level. 14. The applicant shall work with Planning Department staff to provide an address identification plan including a pylon/monument sign at the required intersection(s). 15. 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. 16. All aspects of the building systems (including exiting systems), processes & storage practices shall be required to comply with the International Fire Code. 17. The proposed location of the Meridian Fire Station meets the general requirements of the Master Site Plan for fire station locations. The site appears to have met the minimum lot dimensions required for a satellite fire station location. 18. All portions of the buildings located on this project must be within 150' of a paved surface as measured around the perimeter of the building. 19. Provide exterior egress lighting as required by the International Building & Fire Codes. 20. 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). 21. An R-2 occupancies with 6 or more units or with 3 floors shall be required to be fire sprinklered. This may be required for the subject 4-plexes. 22. There shall be a fire hydrant within 100' of all fire department connections. ADA COUNTY HIGHWAY DISTRICT SITE SPECIFIC CONDITIONS OF APPROVAL 1. Dedicate 27-feet of right-of-way from the centerline of Jericho Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will not be compensated for this additional right-of-way because Jericho Road is classified as a commercial roadway and is to be brought to adopted standards by the developers of abutting properties. 2. Construct Jericho Road as one half of a 40-foot street section with vertical curb, gutter and 5-foot concrete sidewalk. 3. Construct a 30-foot wide curb return type driveway that intersects Jericho Road approximately 285-feet south of State Highway 20/26 (Chinden Boulevard), as proposed. Pave the driveway its full width and at least 30-feet into the site beyond the edge of pavement of Jericho Road and install pavement tapers with IS-foot radii abutting the existing roadway edge. 4. Comply with requirements of ITD for State Highway 20-26 (Chinden Boulevard) frontage. Submit to the District a letter from ITD regarding said requirements prior to District approval of the final plat or issuance of a building permit (or other required permits), whichever occurs first. Contact District III Traffic Engineer Dan Coonce at 334-8340. 5. Comply with all Standard Conditions of Approval. STANDARD CONDITIONS OF ApPROVAL 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required pennits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1- 800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387- 6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions ofthis approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. CENTRAL DISTRICT HEALTH DEPARTMENT 1. This proposal can be approved for central sewage & central water after written approval from appropliate entities is submitted. 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 3. Run-off is not to create a mosquito breeding problem. 4. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 5. 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. SETTLERS IRRIGATION DISTRICT 1. All irrigation/drainage facilities along with their easements must be protected and continue to function. 2. A Land Use Change Application must be on file prior to any approvals. 3. A license agreement MUST be signed and recorded prior to construction of any S.LD. facilities, or within its easements. 4. Any changes to the existing irrigation system such as relocation, tiling, and landscaping must be approved by Settlers Irrigation District. 5. All stonn drainage must be retained on site. IDAHO TRANSPORTATION DEPARTMENT 1. We have reviewed the preliminary plan for the above referenced subdivision and are pleased to see that all access is either from Locust Grove or Jericho Road and no additional access will be required from US-20. At this time we do not have any additional stipulation for the subdivision. 2. Noise abatement (berms, fences, etc.) will be the responsibility of the developer and will be constructed off of the State Right of Way. EXHIBIT G Westborough Square Subdivision AZ-05-018 Zoning Amendment Findings According to Meridian City Code (MCC) 11-15-11, General Standards Applicable to Zoning Amendments, both the Planning & Zoning Commission and Council are required "to review the particular facts and circumstances of each proposed zoning amendment in tenns of the following standards and shall find adequate evidence answeling the following questions about the proposed zoning amendment." The following is the list of standards found in 11-15-11 and analysis by City Council: A. Will the new zoning be harmonious with and in accordance with the Comprehensive Plan and, if not, has there been an application for a Comprehensive Plan amendment; All 29 acres of the subject property are designated for medium density residential use on the Comprehensive Plan Future Land Use Map. The purpose of this designation is "to allow smaller lots for residential purposes within city limits. Uses may include single-family homes at densities of three to eight dwelling units per acre." (Page 93, Chapter VII, City of Meridian Comprehensive Plan). The applicant is requesting three different zoning designations for four different land uses on the subject property. The R-4 zone (Low Density) is requested for the 17-acre school site. The City Council is SUDDOliive of this Dfooosed R-4 zonine: desie:nation as schools are Drincioallv oennitted in the reauested zone and this zone is consistent with the Future Land Use Man. The R-8 zone (Medium Density) is requested for the five, one-acre single-family lots in Westborough Subdivision. While this designation is consistent with the Future Land Use Map, it is not consistent with the existing land use. The R-8 zone is geared towards developments containing between four and eight dwelling units per acre and the subject density is approximately one dwelling unit per acre. The Citv Council finds that the City should zone this oronertv to R-4 R-2 as the R:-4 R-2 zone would more accuratelv corresoond to the use of the land as one-acre residential lots. The R-15 zone (Medium High Density) is requested for the six office lots and one multi-family lot (6.62 acres total). The Comprehensive Plan does allow a one step increase or decrease in residential areas without amending the Comprehensive Plan. The R-15 district allows for medium-high density single-family attached and multi-family dwellings at densities not exceeding 15 dwelling units per acre (MCC 11-7-2.E). In addition to the multi-family, the applicant is requesting CUP approval to construct office buildings within the proposed residential zone (see CUP-05-027). The applicant states in the submittal letter that the neighborhood center shown between Locust Grove Road and Meridian Road should "float" to the east because there is not a collector roadway intersecting Chinden at the Y2 mile and the existing uses do not lend themselves to the neighborhood center concept (see Applicant's letter). The applicant is also being taxed by the County as if this property had commercial potential. Therefore, a more intense use than medium density residential is appropriate here. Although there is not currently a public street south of Chinden near the Y2 mile there is a public street on the north side of Chinden Boulevard in Spyglass Subdivision. This public street is located at approximately the Y2 mile. When the properties to the south of Spyglass Subdivision develop/redevelop, the City Council believes that a public collector road could be constructed at the Y2 mile (and possibly signalized when warrants are met). However, several developments will utilize Jericho Road and the City Council believes this road will function similar to a collector road for this area, thus making the subject site part of the envisioned neighborhood center. Further, this property has frontage on a highway, which makes a higher intensity use for this property agreeable. The City Council also recognizes that the location of the neighborhood center designation on the Future Land Use Map is conceptual. Neighborhood Centers are anticipated to have: short blocks, less than 300 feet; interconnected circulation that is convenient for automobiles, pedestrians, and transit; a variety of housing choices; housing that is arranged in a radiating pattern of lessening densities; transition between different housing types or densities at alleys; gridded street patterns; and, public open space. Further, the purpose of a neighborhood center is to create a centralized, pedestrian oriented, identifiable and day-to-day service oriented focal point for the neighborhood. The center should offer an internal circulation system that connects with adjacent neighborhoods or regional pathways, and they are anticipated to serve as public transit locations for park and ride lots, bus stops, and other alternative modes of transportation (see Pages 95- 97, Chapter VII of the City of Meridian Comprehensive Plan). The project does have some internal sidewalks and does propose one sidewalk to the adjacent school site to the south. Except for the sidewalk along the entry driveway, no other pedestrian connectivity is proposed between the multi-family dwellings and the office portion of the development. The lack of accessibility from the residential portion of the development to the proposed patio/plaza amenity in the office portion of the development (on the comer of Chinden and Jericho) turns what could have been an active amenity into a passive one that few would use. In addition to the amenity not being accessible to the residences within the project, this amenity has not been offered for use by the public either. Even if the patio in the office portion of the development counts as one amenity, this project is lacking a second amenity as defined by MCC. See Special Consideration #2 in the Conditional Use Permit section of this report. While the Comprehensive Plan Future Land Use Map does not explicitly support a commercial zoning of this property, the City Council finds that there are several Comprehensive Plan pol1cies that support evaluating this site for a zone not specifically envisioned by the Map (see below). "The Meridian Comprehensive Plan is an official policy guide for decisions concerning the physical development of the community. It indicates, in a general way, how the community may develop in the next five to ten years." (Chapter I, Section B of the Comprehensive Plan) Fmihermore, in Chapter VII, Section C, "Future Conditions" states the following: "Figure VII-2 [The Comprehensive Land Use Map] depicts desired future land use categories and their location within the hnpact Area. The areas depicted on the map are conceptual and, therefore, will require further analysis prior to the creation of a zoning map." Because the Comprehensive Plan is a guide when detennining land uses, the City Council believes that this is an instance to "float" the neighborhood center to this site. There are five large one-acre lots to the south, a school to the southeast, a church directly to the east, and the properties to the west have yet to develop. If the non-residential aspect of the neighborhood center is moved away from the Y2 mile, no significant negative impacts are envisioned for the adjacent properties in the mile between Locust Grove Road and Meridian Road. At the public hearing, some of the I-acre property owners to the south testified that they would not be agreeable to R-15 zoning/multi-family uses directly to their north. The Citv Council believes that a step UP in zoning densitv to R-15 for multi- familv uses on the east side of this propertv is iustified. The Citv Council also believes that non-residential uses (office) in an area planned for residential uses is approoriate in this instance (as a use exception for the develooment). To more accuratelv correlate the use of the land to the zoninl! of the land the Citv Council believes that the Citv should zone the office/western portion of this propertv to L- Q. The City Council further finds that the R-15 and L-O zone and concurrent development applications generally comply with a majority of the policies, goals, objectives, and concepts contained within the Comprehensive Plan. The Commission also finds the following 2002 Comprehensive Plan text policies to be applicable to this application (analysis is in italics below policy): · "Require that development projects have planned for the provision of all public services" (Chapter VII, Goal III, Objective A, Action items 1 and 4) On May 13, 2005, a joint agency/department comments meeting was held with representatives of key service providers to this property. In that meeting no deficiencies of public services to serve this property were raised. · "Consider "Accommodating Bicycle and Pedestrian Travel: A Recommended Approach" from the National Center for Bicycling and Walking in all land use decisions." (Chapter VI, Goal II, Obj. A, #3) This publication encourages jurisdictions to establish bikeway and walkway facilities in new construction and reconstruction projects, in a manner that is safe, accessible and convenient. · "Restrict curb cuts and access points on collectors and arterial streets." (Chapter VII, Goal IV, Objective D, Action item 2) The applicant is only proposing one access point into the development from Jericho Road, a local street. No access to Chinden Boulevard (SH 20-26) is proposed. The City Council is supportive of the proposed access to the property. · "Require appropriate landscape and buffers along transportation corridors (setback, vegetation, low walls, berms, etc.)." (Chapter VII, Goal IV, Objective D, Action item 4) The applicant is proposing to construct a 35-foot wide landscape berm along Chinden Boulevard and a 20-foot wide landscape berm along Jericho Road. The City Council is supportive of these widths (see Preliminary Plat conditions for further details). · "Require new residential development to meet development standards regarding landscaping, signage, fences and walls, etc." (Chapter VII, Goal I, Objective C, Action item 4) The applicant has not depicted appropriate landscape buffers between the multi-family dwellings and the school site to the south (20-feet required), between the multi-family dwellings and the church to the east (20-feet required), or between the proposed office and the multi-family dwellings (20- feet required). · "Require useable open space to be incorporated into new residential subdivision plats." (Chapter VII, Goal IV, Objective C, Action item 3) Open space may be active or passive in its intended use, and must be accessible by all residents of the subdivision (MCC 12-1316-3). The applicant does state that 37% of the multi-familyloffice area (approximately 2 acres) is planned for landscaping. The applicant should provide useable open space in accordance with Meridian City Code. · "Require pedestrian access in all new development to link subdivisions together and promote neighborhood connectivity." (Chapter VII, Goal IV, Objective C, Action item 6) The applicant is proposing a sidewalk connection to the south; no connection to the east is proposed. · "Locate new community commercial areas on arterials or collectors near residential areas in such a way as to complement with adjoining residential areas." (Chapter VII, Goal I, Obj. B, #5) The subject property has frontage on Chinden Boulevard, an arterial roadway. The City Council believes that the proposed commercial office complements the adjoining residential area. · "Locate high-density development, where possible, near open space corridors or other permanent major open space and park facilities, Old Town, and near major access thoroughfares." (Chapter VII, Goal V, Objective A, Action item 14) There are currently no permanent major open space or park facilities near this site. There is a charter school and associated open spaces with the school use. This higher-density development is located adjacent to Chinden Boulevard, a major thoroughfare. · "Actively involve Joint School District No.2 in subdivision site selection with developer before plat processing (pre-platting schedule meetings)." (Chapter VI, Goal VI, Objective B, Action item 1) A 17-acre school site is included within the subject annexation application. · "Consider development applications that apply the neighborhood center concept." (Chapter VII, Goal I, Objective B, Action item 1) The subject applications generally apply the neighborhood center concept outlined on pages 95 -97 of the Comprehensive Plan. The applicant has listed some Comprehensive Plan policies that support the annexation and proposed use of the property (see Applicant's letter dated February 15, 2005). For the reasons listed above the City Council finds that annexinf! and zonine- as well as the desie-n of the !Jrovosed !Jlat and conditional use vermit. are in e-eneral conformance with the Citv of Meridian Comvrehensive Plan. B. Is the area included in the zoning amendment intended to be rezoned in the fu ture; If the conCUlTent preliminary plat and conditional use pennit applications are approved, the City Council does not believe that the applicant intends to rezone the property in the future. c. Is the area included in the zoning amendment intended to be developed in the fashion that would be allowed under the new zoning -for example, a residential area turning into a commercial area by means of conditional use permits; The five existing single-family homes in Westborough Subdivision are allowed in both the requested R-8 zone and R-4 zone without a CUP. The 17-acre school site is allowed in the requested R-4 zone without a CUP. The City Council recognizes that approximately 6 acres of the area included in the proposed zoning amendment is intended to be developed in a fashion not allowed (principally permitted) under the proposed zoning. Both the proposed office uses and multi- family uses require conditional use permits in the requested R-I5 zone (medium high density). However, if the western portion of the 6 acres is zoned L-O, the office area could be developed in a fashion allowed (principally permitted) under the new zoning. The City does not cUlTently have a zone that principally permits apartments. Therefore, the eastern portion of the site, proposed for multi-family, requires conditional use permit approval. D. Has there been a change in the area or adjacent areas which may dictate that the area should be rezoned. For example, have the streets been widened, new railroad access been developed or planned or adjacent area being developed in a fashion similar to the proposed rezone area; There have been no recent street improvements in the area. Chinden Boulevard is not in the CUlTent STIP and Locust Grove Road is not cUlTently scheduled within ACHD's Five Year Work Program or Capital Improvements Plan (CIP) for roadway widening. Permanent sanitary sewer to this proposed development shall be provided via the North Slough Trunk, which is currently under construction, however laterals that will provide service will be through future phases ofthe Saguaro Canyon Subdivision. The City Council finds that a substantial portion of the land to the south has been developed, or approved for development. However, the City has not approved any multi-family and/or office uses in this area. Arcadia Subdivision, Tustin Subdivision and Saguaro Canyon Subdivision, all contained single-family dwelling units. The City Council believes that the proposed development will be compatible with and is similar to the adjacent area. E. Will the proposed uses be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; The City Council believes that this development will set the tone for how the rest of the area along Chinden develops. The applicant has submitted elevations for the proposed office and multi-family dwellings. The City Council is supportive of the elevations for the multi-family and office buildings as they should be hannonious with the existing and intended character of the area. The existing character of the area will, and is, currently changing. However, the City Council finds that if this site is developed as proposed, the zoning and subsequent uses will be harmonious and appropriate to the intended character of the vicinity (see Finding "A"). F. Will the proposed uses not be hazardous or disturbing to existing or future neighboring uses; Due to other existing and proposed uses near the site, the City Council does not anticipate that the zoning and proposed uses will be physically hazardous to future or existing uses or neighbors in the area. The Council should rely on the analysis, comments from other agencies, and public testimony to detennine whether the proposed use will be disturbing or hazardous to the existing neighboring uses and future expected uses in this vicinity. G. Will the area be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed zoning amendment shall be able to provide adequately any of such services; Sewer service for this development is being proposed via the existing "private lift station" constructed for the five previously approved lots to the south. When public works reviewed and accepted the plans for this lift station, Public Works staff was approving it for only the five lots that were proposed at the time, Arcadia to the west, and the five-acre commercial property to the north. Engineering staffhas reservations on the ability of this lift-station to service the extra volume of sewage generated by the four-plexes that are now a part of this development. In preliminary discussions the applicant and a staff engineer at the City of Meridian have come to an agreement that the commercial portion of this proposed development could be allowed with the stipulation that a flow meter be installed to measure the true amount of sewage being "lifted". This would give accurate infonnation on influent flows to allow for a more infonned opinion on the sewerabilty ofthe remainder of the project. Water mains are readily accessible to this site and service is being proposed via an extension of water mains located in Jericho and Locust Grove. The applicant will be required to construct water mains to and through this proposed development. Coordinate size and routing with Public Works. The applicant and/or future property owners will be required to pay park and highway impact fees as well as construct on-site storm water drainage facilities. This item was approved at the stafflevel at ACHD on May 10,2005. The applicant is being required to construct Jericho Road as one half of a 40 foot street section. Please review any additional comments that may be sent from ACHD between the print deadline and the hearing. On May 13, 2005, a joint agency/department comments meeting was held with representatives of key service providers to this property. Several comments were received from multiple departments. The detailed comments and conditions from the Fire Department, Police Department, and other agencies/departments are at the end of this report. Based on the comments received from other agencies/departments, the City Council finds that the public services listed above can be made available to accommodate the proposed development. H. 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 developer will be financing the extension of sewer, water, public street infrastructure, utilities and irrigation services to serve the project. The primary public costs to serve the future residents and tenants will be fire, police, school facilities and services. The City Council finds there will not be excessive additional requirements at public cost and this development will not be detrimental to the economic welfare of the community. I. Will the proposed uses not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; The most recent traffic count for Chin den Boulevard, taken on January 30,2003, was 15,301 ADT, west of Meridian Road. ACHD estimates that this development will generate 529 additional vehicle trips per day. The City Council recognizes that traffic and noise will increase with the approval of a development on this site; however, the Council does not believe that the amount generated will be detrimental to the general welfare of the public. The purpose of the L-O zone is to "permit the establishment of groupings of professional, research, executive, administrative, accounting, clerical, stenographic, public service and similar uses.. . shall not involve heavy testing operations of any kind or product manufacturing of such a nature to create noise, vibration or emissions of a nature offensive to the overall purpose of this District." (MCC11-7-2.G) The purpose of the R-15 zone is to pennit the establishment of medium-high density single-family attached and multi-family dwellings at a density not exceeding 15 dwelling units per acre. The City Council does not anticipate that annexation and development in accordance with current city code and the Comprehensive Plan will create excessive noise, smoke, fumes, glare, or odors. J. Will the area 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 construct one entrance into the site from Jericho Road. The proposed entrance is located approximately 285 feet south of Chinden Boulevard, and meets ACHD's requirements for location. Ifthe proposed access and internal driveways are approved and constructed in accordance with ACHD and the City's policies, the City Council does not believe that the development will create interference with traffic on the surrounding public streets. K. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and The City Council finds that the proposed annexation and zoning should not result in the loss or damage of any natural or scenic features, as long as any existing trees are protected/mitigated. Any existing trees that the City Arborist deems necessary for mitigation that are removed shall be mitigated for, per the Landscape Ordinance (MCC 12-13-13). The City Council is not aware of any natural or scenic feature(s) that would be lost, damaged or destroyed by allowing this site to be annexed, zoned and developed. L. Is the proposed zoning amendment in the best interest of the City of Meridian. (Ord. 592, 11-17-1992)? In accordance with the findinf!s listed above the Citv Council finds that the annexation/zoninf! of this IJrOlJertv as oroposed would not be in the best interest of the Citv. However the Citv Council finds that the Gitv should annex and zone the 17.02 acres to R-4 as reatlested' that the 5.53 acres vrovosed for R-8 zoninf! that contain sinf!!e-familv homes on one-acre lots also be zoned to R-4 R -2. and that the 6.62 acres vrovosed for R-15 zoninf! be zoned to zoned L-O for the western lJortion containinf! office uses and R-15 for the eastern vortion containinf! multi-familv dwellinf!s. Consistent with the Comvrehensive Plan and the findinf!s listed above the Citv Council believes that the above-listed zones are avvrovriate far this vravertv and zaninf! the vraverties as amended wauld be in the best interest afthe Gitv. EXHIBIT H Westborough Square Subdivision PP-05-020 Preliminary Plat Findings Meridian City Code (MCC) 12-3-3 J.2 and 12-3-5 D read as follows: "In determining the acceptance of a proposed subdivision, the Commission/Council shall consider the objectives of this title and at least the following: A. The conformance of the subdivision with the Comprehensive Development Plan; Please see Annexation and Zoning Analysis "A". B. The availability of public services to accommodate the proposed development; Please see Annexation and Zoning Analysis "0". C. The continuity of the proposed development with the capital improvement program; Because the developer will be required to install sewer, water, and utilities for the development at their cost, the City Council finds that a development on this property will not require the expenditure of capital improvement funds. D. The public financial capability of supporting services for the proposed development; See finding "G" under Annexation and Zoning Analysis, and the Agency Comments and Conditions. E. The other health, safety or environmental problems that may be brought to the Commission's attention. The City Council finds that there should not be any health, safety or environmental problems associated with this subdivision; no hazardous natural features have been identified on the site. ACHD considers road safety issues in their analysis. ~ Westborough Square Subdivision CUP-OS-027 CUP/PD Findings The Commission and Council shall review the particular facts and circumstances of each proposed conditional use in terms ofthe 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 aU yards, open spaces, parking, landscaping and other features as may be required by this ordinance; As part of the Planned Development (PD) the applicant is requesting relief from the standard street frontage requirement and to construct multiple structures on a single lot. The City Council finds that the subject property is large enough to accommodate the requested uses and all other required features. Although the site is large enough to accommodate all of the features required by ordinance, the applicant has asked, through the Planned Development, to modify the specific development standards listed above. 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; Please see Annexation & Zoning Analysis "A". 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; Please see Annexation & Zoning Analysis "E". D. That the proposed use, if it complies with aU conditions of the approval imposed, will not adversely affect other property in the vicinity; Please see Annexation & Zoning Analysis "E" and "F". 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; Please see Annexation & Zoning Analysis "G" and "H", the Other Agency/Department Comments and Conditions at the end of this report, and any comments that may be submitted to the City Clerk regarding this 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; Please see Annexation & Zoning Analysis "H". 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; Please see Annexation and Zoning Analysis "I". 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; Please see Annexation & Zoning Analysis "J". I. 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. Please see Annexation & Zoning Analysis "K". August 12, 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT JLJ Enterprises, Inc. P P 05-020 August 16, 2005 ITEM NO. 5-E REQUEST Findings for Approval- Request for Preliminary Plat approval of 7 building lots and 1 common lot on 5.39 acres in a proposed R-15 zone for Westborough Square Subdivision - southeast corner of Jericho Road and Chinden Boulevard AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY AITORNEY 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: :)t \'(\ }illl/f.' H Date: g -15-0:; \ Phone: -?f31 - Lc 3LO l!J Emailed: J I j en terpr,ses. -lnr.Ji")y)~ r (JY1 Staff Initials~ Materials presented at publiC meetings shall become property of the CIty of Meridian. COMMENTS See attached Findings ~ tvt ro clfe;;dliIn .Y\ ~D"\ll(l 1.,(" I-"Irl, , l' .' -"Ill,> [)oJ\",nc!: \011 lit!ct IUC] STAFF SUMMARY OF CITY COUNCIL ACTION Transmittal Date: August 10, 2005 Project Name: Westborough Square Subdivision Case No(s): AZ-05-018/PP-05-020/CUP-05-027 Applicant: JLJ Enterprises, Inc. City Council Hearing Date: July 26, 2005 Recommendation: Approve with conditions A. Summary of Public Hearing: 1. In favor: Phil Hull (Applicant's Representative) 2. In opposition: None 3. Commenting: None 4. Staff presenting application: Anna Canning 5. Other staff commenting: Len Grady, Bill Nary B. Key Issues of Discussion by Council: 1. Requiring noise abatement along Chinden Boulevard through a development agreement. 2. Changing the zoning for the five I-acre lots to R-2, not R-4. 3. Allowing the landscape buffers along Chinden Boulevard and between land uses to have encroachments (e.g. - sidewalks, patios, parking areas). C. Key Changes to Findings: Based on the July 26,2005, City Council meeting, staff has made the following changes to the Findings and Exhibits: · Exhibit A has a new legal description and map for the five one-acre lots on Jericho Road that were proposed for R-4 zoning. The new legal description reflects that the zoning for these residential lots will be R-2. · Exhibit D (Annexation and Zoning Comments) now requires a Development Agreement (DA) for this property. As a condition of the DA, the applicant is required to install noise abatement measures along Chinden Boulevard. · Exhibit E (Preliminary Plat), Site Specific Condition #2 has been modified to allow the 35-foot wide buffer along Chinden to include the width of the sidewalk (bullet #1); allows the width of the land use buffers to include parking areas and patios (bullet #3); and, requires the sidewalk for Chinden to be constructed on the street side of the berm/wall/fence (bullet #5). CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of Annexation and Zoning of 29.18 Acres from RUT and R6 (Ada County) to R-2 (Rural Low Density Residential), R-4 (Low Density Residential), R-15 (Medium High Density Residential) and L-O (Limited Office District) AND Preliminary Plat Approval of Seven (7) Buildable Lots and One (1) Common/Other Lot on 5.39 Acres AND Conditional Use Permit Approval for a Planned Development Consisting of Forty (40) Multi-Family Dwelling Units and Six (6) Professional Office Buildings with Reduced Lot Frontages and Multiple Buildings on a Single Lot on 5.39 Acres for Westborough Square Subdivision, by JLJ Enterprises, Inc. Case No(s): AZ-05-018, PP-05-020, CUP-05-027 For the City Council Hearing Date of: July 26, 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 S67- 6509. The matter was duly considered by the City Council at the July 26,2005, 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 ofthe 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 S67~6509, 6512, and Meridian City Code SS 11-15-5 and 1] -17-5 as CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-05-0 [8 I PP-05-020 I CUP-05-027- PAGE J of 5 evidenced by the Affidavit ofMaihng, 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 verified that the property owner(s) of record at the time of issuance of these findings are Stetson Properties, LP, GoldCreek Developers, LLC, Meridian Joint School District, David Liebennan, Shaun and Dawn Luchini, Waldorf & Sons, Brett Stigile, and Reed and Amber Kofoed. 4. Required Findings per Zoning and Subdivision Ordinance a. See Exhibits G, H, and I for the findings required for these applications. 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 (l.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 Descriptions in Exhibit A, the Preliminary Plat dated July 15,2005 as shown in Exhibit B, the Site Plan dated July 15, 2005 as shown in Exhibit C, the Annexation and Zoning Comments as shown in Exhibit D, the Preliminary Plat Site Specific and Standard Conditions as shown in Exhibit E, and the CUPIPD Site Specific and Standard Conditions as shown in Exhibit F. The conditions CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-05-018/ PP-05-020 / CUP-05-027- PAGE 2 of5 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 S 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 Preliminary Plat as evidenced by having submitted the Preliminary Plat dated July 15,2005 is hereby conditionally approved; 2. The applicant's Site Plan as evidenced by having submitted the Site Plan dated July 15, 2005 is hereby conditionally approved; and, 3. The Site Specific and Standard Conditions are as shown in Exhibits E and F. D. Notice of Applicable Time Limits 1. Notice of Eighteen (18) Month Conditional Use Permit Duration Please take notice that the conditional use pennit 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 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.) 2. Notice of Twelve (12) Month Preliminary Plat Duration Please take notice that after the date of approval of the preliminary plat, the owner or developer shall have one year within which to file the request for approval of the final plat. After approval of final plat, the owner or developer shall have one year to begin construction of the public utilities and one year thereafter to complete construction of those public facilities. (MCC 12-2-4.B & C.) CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-05-0J 8/ PP-05-020 / CUP-05-027- PAGE 3 of5 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 S 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 ajudicial review as provided by Chapter 52, Title 67, Idaho Code. F. Exhibits Exhibit A: Legal Descriptions (4 zones) Exhibit B: Approved Preliminary Plat (with conditions) Exhibit C: Approved Site Plan (with conditions) Exhibit D: Annexation and Zoning Comments Exhibit E: Preliminary Plat Site Specific and Standard Conditions Exhibit F: CUP/PD Site Specific and Standard Conditions Exhibit G: Zoning Amendment Findings Exhibit H: Preliminary Plat Findings Exhibit I: CUP/PD Findings By action of the City Council at its regular meeting held on the /6 -rA. day of ~A-rl- ,2005. COUNCIL MEMBER SHAUN WARDLE VOTED~ VOTED~ COUNCIL MEMBER CHRISTINE DONNELL COUNCIL MEMBER CHARLIE ROUNTREE VOTED 1HJt-d- COUNCIL MEMBER KEITH BIRD VOTED~ CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-05-018/ PP-05-020 / CUP-05-027- PAGE4of5 MAYOR TAMMY de WEERD (TIE BREAKER) VOTED-==- Attest: and City Attorney. Bj<;. ~O m .fiR 00 IY\ City Clerk's Office Dated: ~ -'\ [1J)' CITY OF MERlDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-05-0 18/ PP-OS-020 / CUP-OS-027- PAGE 5 of 5 EXHIBIT A Westborough Square Subdivision AZ-05-018 Legal Descriptions .f-'.f'.lJ'C''':I; Wf::'lTBOROUGH ~iJIJOIVlfllUi' PmJltc1 No 3{13W Lqr 1lO~H R...:J CO).l).J}:.NC.NG .:1( Ih~ ],:f' ~ c.:p. c;lJm~ ~C'OLti ;;iJOIO:S1G31i. nwi:.~I1i Ltlll! t:tmt...-a;;t t:WIIc.r nrll&~r:L Slhf'lc:n 30, TIll:ljU::;: NoM 59"5.~J-S" W-ei-tCOIIJCW$IU. willi d:.-t" fnlrlbl;bl: lJ.!nfd oo~ 1J...j dilU.ll<<: (J-r tJ41 ,1.5- fli':!: 19i1i.1; t>:n1t':rUm: lJ!Nc Iendi!l ~ Ulelltc SlmLU 0019'50- Won otO:;.t:l;;td::n: WlUl me Q!:l'l!~hnr:: ...f~.It!:ItI.1D!toad. 11l1Jj fO::I ta L".c l'OIN"l' 01' e~G1N!HN(;, TtunlJ:.=SuuIIS:r"1-)l'Ur :[~sl+~1I_1.. k;~flni! 5i~"rtbllti~pN.s:5"l'it :tti(kl.l:i){JlwbFj~w.urill l:'l,c:rW:n1 Th~rK~ (ij..17 Ccetwog tb:l:m:' QfnJd CI~ IJ) ~,w, nghl. b."I.n..~11 ~nt:;lGiJ.:.ofl;'3,,()2'04'~ >1 m.d;tu:llJr 2DN.OQ Cl;:cl, 'l.lbl~ntkr!b1 a .:hl:ifd bcmo.c:SOl!th li!ToI:!rOr f.m."",-uS,JO fi:il:t ~o 01. .s~'+ rub~t;'~ PiS S4G I; TI....~~ };poJlb 11-<-47'01'. EiJzt. -65.11 f'Cr;1: tQ n 's.'a" RbuJc::pPLS ~~61 LUl.dmu: lh~ blllljmmng Cfll tiDg\'n~ H:II:'.aco:: {oQAl fa:: oiIk):c.1: t.;...c Me ofl!<]:id-cur\"Cl to ttu: tltJl.I:.roY'l'C1tQ otcn!nl1.an.gi'C: ufl!"Ol'jS'.:L ~::ufh.l; or 191.CtO ~t, ,u~:ll!ud"d hY-=I dl!)nJ bcnn,,~ Semh RI}"4~'-o2"' E:rSit, Go.lli f(:tl 1.0 It 518" ...,/i:;'Jp PLS 5461; I. UI~k ~;;'~~:;~;:~:3~~~i~~~~:: flJ~~j) 11 :5}a"lakll~p PI$! ,~~bL rruJi;Jl'Ji t.!'~ JDulh...o.:.:il c:rntJo:! ~f II~~ TIl':("tI.:~UI)rl:b(iq'?!i'S6" Em. 7:79-.4: ket In '" 518'" n:h~m.3-r- YlS ~G! nw-bc;g thr:; nonbOlL'lt CqmcrQ~ 1.Q-~ 1. BJoc.k L o(~id W=-\l1~uu.i!.hSuWi\'b.roni Tm.ol;lZ Snulb :S9"'~OLo.~'" EQt 29-1-.20 roo: llJ-~ ;518" '~tIO;-AJl P.t..S y~~1 awl:.::i.l.I:ij. Wf!' 'ULlIb.ta.\,~ O;:pn~r {Jl tni' G~ mock I or loaill V!ulhwml.&.h SubitYt~mn' Thell':(: Smllbl}l')"J'/~Jl]'" WoC!lil, lO.OO r\",:CUo A :5m"I"'lUlf.~:iJ L~LS 443h Th~l)t.c-Saul.l~l:Ir:SI'1::'''EL'iI,.13-1_{ilrlXll''4 5ro"~~p-PLS Sdril;. Illern:-o: SoUlh nIjo19'l'-1~ EAsz. J.t4.J2 rnt flJ-;a. yt"';n:ooi/c:ap P1...S 4..;;Jj. Gm"i::' R.r:1~~~O:;'I; SOOlh li~5}:"~I'. F.~,t. 39-4-.;;;9 I=cllq .aSi.!'" R:bM{c:J)(.l f'LS ,11} i iUld IbC:(eJl,ll4linc -of N, La.;c.U;S.t TJ1;:m:-: S-Oudl OO.J1I~1.l'" W~~!D:id1:n1 wita !I:dd,.<:~dWJf.i(N.1&ot:-;A~O.rtn':e ,Rc.;d.Slo-.-o3 fUd; to.;,! '1,S" rtb~tI(:O!p PLS 4,~J.1 Jnut~l1C c:f~ 'uud~~~ ~ Qf nid Wc.5tbo.l:~Ll.R1:! SLdt.!li"t:uqrr, ~)39.o1 ~~~~~~:.~;,,~~~ ~~~:~~d~Lb lhcjou:fu:il)' hn","I'11r}: iJ[ ~id WCJtWrollY. Suh:1ivnum. l"OrnT ~~~~~9'5-(i" ~:lilromcid:Qt wllh ~~ tm!lcnioo '!;If ~ud N Jc:ntM- Rnad, ?i'J:OO feet t~ Elii.'! 'fb" p.llcrlllbcr.ril' de'iClilm!. p;I!cel ootlQ-Jruri 11,02 ;Kft':~morcGl i~ 7oaelhro-J 'hIilh:1tu.l IIubJC'-t;'lll;l :cO\'C'r.a.ll":.e1.knWJ1;fA. ~l;d ttlilr:tCfWr..s ,,In:-=Ofd. 8~~~\ EXH1B(T MAl-' FOR WESTBOROUGH SUBDIVISION LOT 7 ZONg R,-4 i NOT-!~~ .PACIFIC _.~~~ ~~4f--- ' 'rEP,C,AN PU8l1C vnRK5 DEPT. ~;~j~~\;Q WCSTllOROUuH S1JDV1\'lSION 3039 LOTS I nrnu 5lOXU R-2 COMM~:'iC1NC ltt tk"3 .Y' b~.J" ~[I, C1l!lll:' 1t'.I,'Oltl 4IOWS2616.Ii!.U"l:ing.t!n: flUf'l~~t wtm".; ofsmd SIXban 311, lli'CllCr: :o.;ollh t?"5f'J.'i" W~J ./:vm..;:Hlmt 'Vrlt.l:. tk oon1; lUlo of 42td II00lh"<itst:'i: it ok.t.'JI':.~-C- of [341 ,75 (E::~~ to the i;;tl1tcrliu of1'\. ]-c:d~ho.., RnaJ~ OFDF.G-~~-:~uth(hr19'j6" WClll.;:ciJ1l::~-cknt wltf: 1~ !:coti;thb:' I.1fN Icricho ~47.(,.24 fc:el:"~ zn.: rOlN1' fJ-x.D"~ Smlili-S9':JO'04" Eut, 3.QS.50 ti:l::ILO ~ :Si'8~~ Icbllrtc.2p N.s- ~l ma-rltiag l.M; 1l"rrl:ICli..1:'i;'l,,'t:~tlA' Lot 1, Rhl(k t ur,ai:.l Wa;6;Jrouzh Subd:\"Wrin; ]"l-J.:oce Sou:..i. C<f29'5t.1' Wer... 799,4l r...~llu Il. 516h ~b",~t<'a:p?LS- 546l nu.rl.illS t.he !i.<\~\.ImC~i( ~CiIl:.('~~f [.lIi =~mO{k l,rLlr:i:rtdWIti.oo.rougbSllto.'ktuimt,. n....:..--;.:;~ North 71-':''7.{I!'' Wc!t, ~...'i.73 fil:lil :Q a S;S+~~fo'IAP PiS 5-'61 i'm.king,::l:J;: (;.e8~ 1)[,1 ~.tli::'5~n1 lln:lll;~ -65-41 fo:'~l.t1rJns rhe;m:: a.f~~"'e to~ [.::11:, luvi:lt,.:r. .;-un(rnl a.l14ikQ{ 11l~U2~I).J",1.ruHm of 2mUl0 f;;.':t:t~ "l,JltiUlJ~d IW:r coord ~,]:ru:~ North !O~4B'02"" \."~11651.(j f~r ~lJ;II '51$" p,:lm-!~..cp 1'15 ~Gl~ Ih-eace N"nh BW49'OJ:'" W;C-;t. 50.14 ;0:"1:;a dl~ (ctlt.i:dw-il of :$iiilid N, Jm-.:oo J{o:1d; I~OINT ~~;~~~~~~~9':;;6" h5t-tcin::'ldcn~ .....j~h dre ..:tllrc.:-ljIJr- of ':'1-111 N. J~ri.:;ho RO:ld, 76LJ 1 f~m [1:..: l"ht> p.l1CC'l 3bo-yt, de-~'C'1i:otd p:arcel con~tn~ .5.53 .1Ct~'1 mort: err ku l'-O,i1:.;-Wcf 'r.-ilh a..'1d robjccl to C'f.l,,~..;u:.ti~ el.lwJtI,;.'1rl.", "1II11";:!:s.tricli:~'FlU- -of 11::'OOnl. Oa - Pi.;: rt _.P.LS EndofDootnpti<m. EXHIBIT MAP FOR WESTBOROUGH SUBDIVISION LOT 1 THRU 5 ZONE R-2 , N "O:!C~LS .h~li:[fJC ~I.LAiIt;i 8"~G'STC.p('~ 'i 5461 ~ <);1~ ~~ '~~: j __ "ARCEL DESCRU'TTON July 2 L 2005 Project: Project No.' WESTBOROUGR SQUARE (R-15) 30363 A parco] of 1.mlloealt:d in th~ "o>tho",l '/. of the norto"",,! 'f, of Section 30, To"nslJip .; Norfh, Range 1 &51, .Boise Meridian, Ada COWlt)', Idaho, rcfef<:ccing WostboruIJCh Subdivision, 'ecorded al Pago 9884, 9'885, :led 9885, Book 87, Innrument 1!l031669911, more particularly dcscnbod .s fellows' CO::\ilJ'<ll:NCrnG at the nortbO;l;'\l cemcr of said Section 30. marked by.a 3.::5" bross cap, C0111cr record 11101052635, Thenee North 8S"SI'3S"West ooincident with lb. Jlon:h lme of saidno~~s! ~ Mthel\Orthea.!ol Yo nfSection 30,,, distilDce of737.97 feet to tlle POINT 01, .BEGTl\l'ilNG; Thonce SOUlh 00.37'36" West, 480.02 feet; Thollce ~orth 89"30'04" WeSl, 322.8'J bIt. Thence Not1h 00.19'56" ~S[, 99.73 fecL; Thence North 22"47'49" East, 141.07 feel; TIIL'lle. North 00.08'25" East, 247.14 fcellO the said 11on1l li"e Qfthe northe.>l '4 of the nome".! ~ ofSE:Ctioa30; ThtDe~ South 8.9.51'35" East coi.oeident with [h~ said nonh line o[the norrheast Yo of me northe= ~ ofSecdou30, " dlsmncc of 271 .59 feel to the POINT OF IJEGINJ',~G; The pu:rcd above desenbed ccnlll.", 3.17 acres moru or less TOCt'th~r Vlith a.nd :l:UbjC!:110 CQVeJlilntS/ east'Im;mu.~ and ftstriCCOU:f o-frc-cord The basis ofbc"riu!1.s forme above dL'Ocripuun is Nor-J18!loSI '35" WeST between the 3.5" bmss C4p (eomerrecoTd *101052.635) JIDrkittg tbe "oMe,,"t comer of Section 30 and the 3,5" bran cap (comeT ",eo.d 118953713) mn:rld,,& me north ~ corn.r of Secflon 30, both in TOWllSlIip 4 Korth, Range 1 .East, BC>llC MLTldian. , Jr End Description. GHI-05 01 :5lpm FrWl"MH Pacli c Se(se, 10 ems 20a 342 5353 HBS P oo':l!OS F-1Z7 R~fJC EXHIBIT MAP ;E'on WESTBOROUGH SQUARE ZONE R-15 .d PARCEL OF lAND AU WCATED IN THE NEl/4 OF SECTION 30 TAN.. R.1E. Sll. ;IDA COUNTY. IDAlIO 2005 CFiTNDE;Y BOUU:;VARL> S8g.Si'35Nc N89'Sl'35"W lu ~~ ~~ aC\l :;::: . ,'".1 f:i. :;: :;:-..{;. "'-C'y ~ .lw 1.0 ;",.lO f'...C') gg Z 12 3,17 Ac.:t N89',30'04"W 322.87' 271.59' ~ i;~gg:_~c;: 737.97' ~ C ;'f ~ -.- NOT TO SCALE ~.:tS.~~ 29 e."."~I1U1~ OHHS Jl:52pm Frorn-W~H P.cfic Bela. ID mos T-l85 P .004/005 F~m PARCEL DESCRIPTION July 11, 2005 WESTBOR01JGH SQUARE: (["0) 30363 ~:~~~:;:-JO.: ^ parcel of land Jooulcd in the northca<l v. afm" norlhea~r v. ofS"cti(>n 30, TO""""1ll? 4 Kouh, Range 1 Ea.., BOISe MClldinn, Ada Collnly, fdllho, wfer.noln;: We.tbo[<:>ugh SUbdivision, recorded ar Pase 9884, 9885, and 9885, Book 8'{, [mlrn.menl;il OJ 16699S, more p.rticul...ly d.senoed ll.$ folloWl' COM.l\-lENCL"IG at the northeasr comer of said Sectiou 30. marked by... 35" brass cap. COrner ,..cord #101052635; Thence l'o;onh 8.9'51'35" West coincident with Ille north Ii:.w of 5llid northeast Yo Oflho nalthea.! V. of Seellon 30, a dBlanee of 1009.56 fcol [0 !h. POTh'T Or, DECThllolNC; Thence South 00"08.25" WeSt, 247.]4 reet; 11ler.ee South 22.47 '49" WesT., 142.01 feel; Thence SOUTh OO'29.5G'.We~ 99.73 fecI; Thence NOlth 89'30'04" We~l, 279.82 Ieel [0 Lbe cenlerline of Jericbo Road, Theneo Nom 00'29';56" E..l coincident ,,1th th~ <aid cenredine of lancho Road, 476.24 f"", to lhe north line of said S~eti<)n 30; Thence South 89'51 '35" R.m CQlncidenrwith lhll said Donhline OfSeClion 30, a dislOJlCe 01'33219 fect to the POli\, OF lll::GLNNl'NC: The pafcel abo". desc..,~d eODl;lu;s 3.45 acres mOfe or Ie;.. To-getber ,vith nnd :UlbJ ect to c:ovcnunt.s.. CaJ;~menIS. .and n:,!j,lril::~lnns of record. Tl:c bill.. ol'hcllrlng!; for \he abov" description is "'arm &9.5] '35" Wesl betweenlhe 35" bnus cap (Ctlrr,er rec(lrd #1(1052635) t'Ulrking rhe llorthc>$l corner ofScction 30 and the 35" brass eap (cornerreeord #8953713) marlilllg the l10rlb Y.. cornel of Section 30, both in ToWIllllUp 4 Nnrth, Ranuo I E...t, Boise Mcridian .w' S. harr J End P""ctiptioIL OHHS OI:52~m Frcm-W&H Faefie 8oin, 10 a3To5 T-I$; PODS/DOS H ~7 EXHIBIT MAP FOR WESTBOROUGH SQUARE ZOJVE L-O II PARCEL OF' lAND All LOCATED [N THe NEI/4 OF SECTlON 30 T.1N.. R.1E.. S.M.. ADA CDUN'/Y. [DAHO 2005 CHJNnllS D~Q['c'V",fU)- ~~::'Of' #" j!:. :$: ~ BBCcNNrNO j;) ~ :"; g~ Q.., J.45:~c:..~....J,l~: fA ~~~ v:: i i!~ N89'JO'04 .w .:g~ 279.82' ;g: .f~~fJ~,C _k_'__.__ 1009.5$' ~ N, -.- NOT TO SCALE I"IIfj ~'i~f:II'.L~~J ~ EXHIBIT B Westborough Square Subdivision PP-05-020 Approved Preliminary Plat EXHIBIT C Westborough Square Subdivision CUP-05-027 Approved Site Plan EXHIBIT D Westborough Square Subdivision AZ-OS-018 Annexation and Zoning Comments ANEXATION & ZONING FACTS AND COMMENTS 1. The subject property is within the Urban Services Planning Area. The legal description submitted with the application shows the property as contiguous to the existing corporate boundary of the City of Meridian. The Public Works Department has confirmed that the submitted legal description meets the requirements of the City of Meridian and the Idaho State Tax Commission. 2. Prior to the annexation and zonin!! ordinance aooroval. a Develooment A!!reement IDA) shall be entered into between the Citv of Meridian. orooertv owner (at the time of annexation ordinance adootionl. and the develooer. The aoolicant shall contact the City Attornev. Bill Narv. at 888- 4433 to initiate this nrocess. The DA shall incoroorate the followin!!: · That the aoolicant a!!rees to construct a lO-foot tall berm/fence or berm/wall combination alon!! Chinden Boulevard. The hei!!ht of the berm/fence/ wall shall be measured from the centerline elevation of Chinden Boulevard. The hei!!ht of the wall or fence may not exceed 6- feet in hei!!ht (measured from the ton of the berm). The slone of the berm may not exceed a 3:1 ratio. The reauired sidewalk alon!! Chinden Boulevard shall be constructed on the north side of the berm/buffer. EXHIBIT E Westborough Square Subdivision PP-OS-020 Preliminary Plat Site Specific and Standard Conditions SITE SPECIFIC CONDITIONS (PRELIMINARY PLAT) 1. The preliminary plat prepared by The Land Group, Inc., labeled sheet PP-l, dated 7-15-05, is approved with the changes listed herein. All conditions ofthe accompanying Annexation/Zoning (AZ-05-0 18) and Conditional Use Pennit (CUP-05-027) application shall also be considered conditions of the Preliminary Plat (PP-05-020). 2. The submitted landscape plan prepared by The Land Group, Inc., dated 7-15-05 is approved with the other changes noted in the conditions below: · Construct eHfteF a 35-foot wide landscape buffer OR a 10 feet nias lanas6ap0 bHffef along Chinden Boulevard (includin!! the width of the sidewalk). If...the siae alk fer Chiaael'l. Beede arEi is eeflstruetea ,ithiFl the Figl:1t sf a-), the Buffer shall Be 35 fcet. The ia1:h sf the lanaseafJe l:l1::lffer shall Be 10 feet if the siae"a-lk is e01'ls1nletea "ithifl the Ia-HaseafJe Bl:1ffer easem.el'lMet. In accordance with MCC 12-13-10, install 1 tree within said buffer for every 35 feet of frontage on the Chinden Boulevard right-of-way. · Construct a minimum ten-foot wide landscape buffer along Jericho Road (buffer width shall not include sidewalk width). In accordance with MCC 12-13-10, installl tree within said buffer for every 35 feet of frontage on Jericho Road. · Construct 20-foot wide landscape buffers along the south and east property lines, and between the multi-family use and the office use. Said buffers shall contain materials in accordance with MCC 12-13-12-3 and H:et !lli!.Y include impervious surfaces such as parking areas, !!ara!!es and/or patios. · The applicant shall work with the City Arborist, Elroy Huff, on designing, adopting, and implementing a protection/mitigation plan for the existing trees on site. · Construct a 10-foot tall berm/fence or a berm/wall combination alon!! Chinden Boulevard. The hei!!ht of the berm/fence/wall shall be measured from the centerline elevation of Chinden Boulevard. The hehzht of the wall or fence mav not exceed 6-feet in hei!!ht (measured from the tOD of the berm). The sloDe of the berm mav not exceed a 3:1 ratio. The applicant shall be required to construct a minimum five-foot wide detached sidewalk along Chinden Boulevard. Said sidewalk shall be on the north (street) side of the reauired berm alon!! Chinden Boulevard. 3. Prior to signature of the final plat by the City Engineer, provide a cross parking/cross access agreement for all ofthe new lots within the subdivision to utilize the drive aisles and parking areas (including sidewalks). Maintenance of the drive aisles and parking areas should be provided for in a note on the face of the final plat, AND/OR in a document such as CCRs. Vehicular access to this site shall be restricted to those approved by ACHD, ITD and the City. A note shall be placed on the face of the final plat prohibiting vehicular access to this site from Chinden Boulevard. 4. 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 MCC 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), 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. 5. Construct a six-foot tall solid fence along the south and east property lines (adjacent to the existing residences, school and church), as proposed. A detailed fencing plan shall be submitted upon application of the final plat. If permanent fencing is not provided around the entire perimeter, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of building permits. All solid fences shall taper down to 3-feet maximum within 20 feet of all right-of-way. All fencing shall be installed in accordance with MCC 12-4-10. 6. The applicant has not indicated who will own and operate the pressurized irrigation system within this development. Underground year-round pressurized irrigation must be provided to all lots within this development. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If the pressurized irrigation system within this development is to remain a private association system, complete plans and specifications 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 shall be submitted prior to plan approval. The applicant shall be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary 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 City Engineer. 7. Maintenance of all common areas, including but not limited to: drive aisles, parking areas, landscaping, etc., shall be the responsibility of the Westborough Square Owners' Association. 8. Westborough subdivision has designed and installed a private sewer lift station as part of an earlier phase. When public works reviewed and accepted the plans for this lift station, staff was approving it for only the five lots for which it was proposed and five commercial lots. With the added multiple family dwelling units engineering staff has some reservations on the ability of this lift-station to service the proposed extra volume of effluent. The applicant shall install a flow monitor to measure the true amount of flow that is being generated by this development. Thereby enabling engineering staff to detennine how many lots of this may be developed until gravity sewer becomes available. The applicant shall be responsible to construct all required sewer mains to service this project, main sizing and routing to be coordinated with Public Works. 9. Water service to this site is being proposed via an extension of water mains located Jericho road. A water connection to Locust Grove road may be required to achieve adequate fire flow for the proposed development. The applicant shall construct water mains to and through this proposed development. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. Coordinate main size and routing with Public Works. 10. Water service to this site is being proposed via an extension of water mains located in Jericho road. A water connection to Locust Grove road may be required to achieve adequate fire flow for the proposed development. The applicant shall construct water mains to and through this proposed development, coordinate main sizing and routing with Public Works department. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. 11. The preliminary plat depicts three seepage beds being installed within 20-feet of a proposed building. Per DEQ regulations there shall be a minimum 20-foot of separation between an underground storm drainage facility and any building. The applicant shall make the necessary adjustments to comply. 12. All sewer and water mains not in the ACHD right-of-way must be centered in a 20-foot wide utility easement. GENERAL CONDITIONS (PRELIMINARY PLAT) 1. All grading of the site shall be performed in confonnance with MCC 11-12-3H. 2. Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to MCC 12-13-10-8. 3. A letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 4. Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Pinal Plat for this subdivision shall be recorded, prior to applying for building pennits. 5. 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. 6. 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. 7. Applicant shall be responsible for application and compliance with and NPDES Pennitting that may be required by the Environmental Protection Agency. 8. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 9. A detailed landscape and fencing plan, in compliance with the landscape and subdivision ordinance and as noted in this report, shall be submitted for the subdivision with the final plat application. 10. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 11. Two-hundred-fifty and one-hundred-watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Pinal design locations and quantity are detennined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior commencing installations. 12. Submit any up-dated groundwater/soils monitoring data, as collected and analyzed by a soils scientist, to the Public Works Department for review. Any drainage areas (detention/retention basins) must be designed to ensure that water will percolate or discharge with a period of time not to exceed 24-hours for all storms up to and including a 100-year storm events. 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. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established normal groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least I-foot above groundwater. 13. The applicant shall coordinate mailbox locations with the Meridian Post Office. 14. 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. 15. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 16. Applicant's engineer will be required to submit a signed, stamped statement certifying that all street finish centerline elevations are set a minimum of three feet above the highest established nonnal groundwater elevation. 17. The 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. 18. Staffs failure to cite specific ordinance provisions or terms of the approved annexation/conditional use does not relieve the applicant of responsibility for compliance. 19. Preliminary plat approval shall be subject to the expiration provisions set forth in MCC 12-2-4. OTHER AGENCY/DEPARTMENT COMMENTS & CONDITIONS MERIDIAN PARKS DEPARTMENT 1. Minimum acreage standard for City Park: The City is willing to develop and maintain Community Parks, Urban Parks, and Neighborhood Parks. Neighborhood Parks will be reviewed on a case-by-case basis. The City may choose to maintain neighborhood parks at an acreage of seven acres or larger. It will be the responsibility of private homeowner groups or associations to develop and maintain the smaller mini parks and some Neighborhood Parks in their subdivision that the City does not maintain. 2. Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance (MCC 12-13-13-6) will be followed. SANITARY SERVICES COMPANY 1. Please contact Bill Gregory at sse (888-3999) for detailed review of your proposal and submit stamped (approved) plans with your certificate of zoning compliance application. 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 Deparhnent 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 W' 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 comers 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 DI03.6 Signs. 5. To increase emergency access to the site a minimum of two points of access will be required for any portion of the project, which serves more than 50 homes. The two entrances should be separated by no less than Y2 the diagonal measurement of the full development. 6. Building setbacks shall be per the International Building Code for one and two story construction. 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 proposed multi-family lot has an estimated 40 units. The Meridian Fire Department has experienced 2612 responses in the year 2004. 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. The 6 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 2612 responses in the year 2004. 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. 10. The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost ofthis installation is to be borne by the developer 11. Maintain a separation of 5' from the building to the dumpster enclosure. 12. Provide a Knoxbox entry system for the complex prior to occupancy. 13. The first digit of the Apartment/Office Suite shall correspond to the floor level. 14. The applicant shall work with Planning Deparhnent staff to provide an address identification plan including a pylon/monument sign at the required intersection(s). 15. 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. 16. All aspects of the building systems (including exiting systems), processes & storage practices shall be required to comply with the International Fire Code. 17. The proposed location of the Meridian Fire Station meets the general requirements of the Master Site Plan for fire station locations. The site appears to have met the minimwn lot dimensions required for a satellite fire station location. 18. All portions of the buildings located on this project must be within 150' of a paved surface as measured around the perimeter of the building. 19. Provide exterior egress lighting as required by the International Building & Fire Codes. 20. 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 (I83 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). 21. All R-2 occupancies with 6 or more units or with 3 floors shall be required to be fire sprinklered. This may be required for the subject 4-plexes. 22. There shall be a fire hydrant within 100' of all fire department connections. ADA COUNTY HIGHWAY DISTRICT SITE SPECIFIC CONDITIONS OF ApPROVAL 1. Dedicate 27-feet of right-of-way from the centerline of Jericho Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will not be compensated for this additional right-of-way because Jericho Road is classified as a commercial roadway and is to be brought to adopted standards by the developers of abutting properties. 2. Construct Jericho Road as one half of a 40-foot street section with vertical curb, gutter and 5-foot concrete sidewalk. 3. Construct a 30-foot wide curb return type driveway that intersects Jericho Road approximately 285-feet south of State Highway 20/26 (Chinden Boulevard), as proposed. Pave the driveway its full width and at least 30-feet into the site beyond the edge of pavement of Jericho Road and install pavement tapers with l5-foot radii abutting the existing roadway edge. 4. Comply with requirements of ITD for State Highway 20-26 (Chinden Boulevard) frontage. Submit to the District a letter from ITD regarding said requirements prior to District approval of the final plat or issuance of a building permit (or other required permits), whichever occurs first. Contact District III Traffic Engineer Dan Coonce at 334-8340. 5. Comply with all Standard Conditions of Approval. STANDARD CONDITIONS OF ApPROVAL 1. Any existing irrigation facilities shall be relocated outside ofthe right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1- 800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387- 6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. CENTRAL DISTRICT HEALTH DEPARTMENT 1. This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted. 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 3. Run-offis not to create a mosquito breeding problem. 4. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 5. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. SETTLERS IRRIGATION DISTRICT 1. All irrigation/drainage facilities along with their easements must be protected and continue to function. 2. A Land Use Change Application must be on file prior to any approvals. 3. A license agreement MUST be signed and recorded prior to construction of any S.LD. facilities, or within its easements. 4. Any changes to the existing irrigation system such as relocation, tiling, and landscaping must be approved by Settlers Irrigation District. 5. All storm drainage must be retained on site. IDAHO TRANSPORTATION DEPARTMENT 1. We have reviewed the preliminary plan for the above referenced subdivision and are pleased to see that all access is either from Locust Grove or Jericho Road and no additional access will be required from US-20. At this time we do not have any additional stipulation for the subdivision. 2. Noise abatement (berms, fences, etc.) will be the responsibility of the developer and will be constructed offofthe State Right of Way. EXHIBIT F Westborough Square Subdivision CUP-05-027 CUP/PD Site Specific and Standard Conditions SITE SPECIFIC CONDITIONS OF APPROVAL (CUP/PD) 1. The site plan prepared by The Land Group, Inc., labeled sheet SP-l, dated 7-15- 05, is approved with the changes listed herein. All conditions of the accompanying Annexation and Zoning (AZ-05-018) application and Preliminary Plat (PP-05-020) shall also be considered conditions of the Conditional Use Permit (CUP-05-027) application. 2. The project shall conform to the L-Q and R-15 dimensional standards, except as follows: Minimum frontage: O-feet Multiple principal detached buildings may be constructed on a single lot. No other variances, exceptions or reductions to the City adopted dimensional standards or uses are approved with this CUP/PD application. 3. As one amenity for the PO, provide a plaza space with benches, planters, tables and trees and a more direct walkway from the plaza space to the multi-family portion of the development. As the second amenity for the PD, provide a tot lot within the multi-family portion of the development. 4. Set aside at least 10% of the gross area of the multi-family portion of the development as open space, as proposed. Provide at least 100 square-feet of private useable open space for each dwelling unit. 5. All building construction within Westborough Square Subdivision shall substantially comply with the elevations on file with the Planning and Zoning Department, prepared by McKibben & Cooper Architects. Construction materials used on the structure should be approved by City of Meridian Building Department and in accordance with the most recently adopted City of Meridian Building Code. 6. All parking stalls and drive aisle dimensions shall meet city ordinances, with parking spaces being at least 9 feet by 19 feet adjacent to 25-foot wide drive aisles. 7. No signs are approved with this CUP application. All business signs require a separate sign permit in compliance with the sign ordinance. All signage shall be in accordance with the standards set forth in this report and Section 11-14 of the City Zoning and Development Ordinance. 8. No building or other stmcture shall be erected, moved, added to or stmcturally altered, nor shall any building stmcture 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). 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 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. 10. If constmction has not begun within 18 months of City Council approval, a new conditional use permit must be obtained prior to the start of development. 11. 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. 12. It is the applicant's responsibility to ensure that all constmction confonns to the requirements ofthe Americans with Disabilities Act. 13. Comply with the conditions and comments of all City Departments, and other agencies. 14. 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 ofthe conditional use permit. OTHER AGENCYIDEPARTMENT COMMENTS & CONDITIONS MERIDIAN PARKS DEPARTMENT 1. Minimum acreage standard for City Park: The City is willing to develop and maintain Community Parks, Urban Parks, and Neighborhood Parks. Neighborhood Parks will be reviewed on a case-by-case basis. The City may choose to maintain neighborhood parks at an acreage of seven acres or larger. It will be the responsibility of private homeowner groups or associations to develop and maintain the smaller mini parks and some Neighborhood Parks in their subdivision that the City does not maintain. 2. Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance (MCC 12-13-13-6) will be followed. SANITARY SERVICES COMPANY 1. Please contact Bill Gregory at sse (888-3999) for detailed review of your proposal and submit stamped (approved) plans with your certificate of zoning compliance application. 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 W' 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. To increase emergency access to the site a minimum of two points of access will be required for any portion of the project, which serves more than 50 homes. The two entrances should be separated by no less than Y2 the diagonal measurement of the full development. 6. Building setbacks shall be per the International Building Code for one and two story construction. 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 proposed multi-family lot has an estimated 40 units. The Meridian Fire Department has experienced 2612 responses in the year 2004. 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. The 6 office/commerciallots 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 2612 responses in the year 2004. 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. 10. The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer 11. Maintain a separation of 5' from the building to the dumpster enclosure. 12. Provide a Knoxbox entry system for the complex prior to occupancy. 13. The first digit of the Apartment/Office Suite shall correspond to the floor level. 14. The applicant shall work with Planning Department staff to provide an address identification plan including a pylon/monument sign at the required intersection(s). 15. 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. 16. All aspects of the building systems (including exiting systems), processes & storage practices shall be required to comply with the International Fire eode. 17. The proposed location of the Meridian Fire Station meets the general requirements of the Master Site Plan for fire station locations. The site appears to have met the minimum lot dimensions required for a satellite fire station location. 18. All portions of the buildings located on this project must be within 150' of a paved surface as measured around the perimeter of the building. 19. Provide exterior egress lighting as required by the International Building & Fire Codes. 20. 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). 21. All R-2 occupancies with 6 or more units or with 3 floors shall be required to be fire sprinklered. This may be required for the subject 4-plexes. 22. There shall be a fire hydrant within 100' of all fire department connections. ADA COUNTY HIGHWAY DISTRICT SITE SPECIFIC CONDITIONS OF ApPROVAL 1. Dedicate 27-feet of right-of-way from the centerline of Jericho Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all t;equested material. The owner will not be compensated for this additional right-of-way because Jericho Road is classified as a commercial roadway and is to be brought to adopted standards by the developers of abutting properties. 2. eonstruct Jericho Road as one half of a 40-foot street section with vertical curb, gutter and 5-foot concrete sidewalk. 3. Construct a 30-foot wide curb return type driveway that intersects Jericho Road approximately 285-feet south of State Highway 20/26 (Chinden Boulevard), as proposed. Pave the driveway its full width and at least 30-feet into the site beyond the edge of pavement of Jericho Road and install pavement tapers with IS-foot radii abutting the existing roadway edge. 4. Comply with requirements of ITD for State Highway 20-26 (Chinden Boulevard) frontage. Submit to the District a letter from ITD regarding said requirements prior to District approval of the final plat or issuance of a building permit (or other required permits), whichever occurs first. Contact District III Traffic Engineer Dan Coonce at 334-8340. 5. Comply with all Standard Conditions of Approval. STANDARD CONDITIONS OF ApPROVAL 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State ofIdaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIG LINE (1- 800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387- 6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. CENTRAL DISTlUCT HEALTH DEPARTMENT 1. This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted. 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 3. Run-off is not to create a mosquito breeding problem. 4. Stonnwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 5. The Engineers and architects involved with the design ofthe subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. SETTLERS IRRIGATION DISTRICT 1. All irrigation/drainage facilities along with their easements must be protected and continue to function. 2. A Land Use Change Application must be on file prior to any approvals. 3. A license agreement MUST be signed and recorded prior to construction of any S.LD. facilities, or within its easements. 4. Any changes to the existing irrigation system such as relocation, tiling, and landscaping must be approved by Settlers Irrigation District. 5. All storm drainage must be retained on site. IDAHO TRANSPORTATION DEPARTMENT 1. We have reviewed the preliminary plan for the above referenced subdivision and are pleased to see that all access is either from Locust Grove or Jericho Road and no additional access will be required from US-20. At this time we do not have any additional stipulation for the subdivision. 2. Noise abatement (benns, fences, etc.) will be the responsibility of the developer and will be constructed off ofthe State Right of Way. EXHIBIT G Westborough Square Subdivision AZ-05-0 18 Zoning Amendment Findings According to Meridian City Code (MCC) 11-15-11, General Standards Applicable to Zoning Amendments, both the Planning & Zoning Commission and Council are required "to review the particular facts and circumstances of each proposed zoning amendment in terms of the following standards and shall find adequate evidence answering the following questions about the proposed zoning amendment." The following is the list of standards found in 11-15-11 and analysis by City Council: A. Will the new zoning be harmonious with and in accordance with the Comprehensive Plan and, if not, has there been an application for a Comprehensive Plan amendment; All 29 acres of the subject property are designated for medium density residential use on the Comprehensive Plan Future Land Use Map. The purpose of this designation is "to allow smaller lots for residential purposes within city limits. Uses may include single-family homes at densities of three to eight dwelling units per acre." (Page 93, Chapter VII, City of Meridian Comprehensive Plan). The applicant is requesting three different zoning designations for four different land uses on the subject property. The R-4 zone (Low Density) is requested for the 17-acre school site. The City Council is suooortive of this orooosed R-4 zoninl! desimation as schools are orincioallv oermitted in the reauested zone and this zone is consistent with the Future Land Use Mao. The R-8 zone (Medium Density) is requested for the five, one-acre single-family lots in Westborough Subdivision. While this designation is consistent with the Future Land Use Map, it is not consistent with the existing land use. The R-8 zone is geared towards developments containing between four and eight dwelling units per acre and the subject density is approximately one dwelling unit per acre. The Citv Council finds that the City should zone this orooertv to R-4 R-2 as the R-4 R-2 zone would more accurately corresoond to the use of the land as one-acre residential lots. The R-15 zone (Medium High Density) is requested for the six office lots and one multi-family lot (6.62 acres total). The Comprehensive Plan does allow a one step increase or decrease in residential areas without amending the Comprehensive Plan. The R-15 district allows for medium-high density single-family attached and multi-family dwellings at densities not exceeding 15 dwelling units per acre (MCC 11-7-2.E). In addition to the multi-family, the applicant is requesting CUP approval to construct office buildings within the proposed residential zone (see CUP-05-027). The applicant states in the submittal letter that the neighborhood center shown between Locust Grove Road and Meridian Road should "float" to the east because there is not a collector roadway intersecting Chinden at the Y2 mile and the existing uses do not lend themselves to the neighborhood center concept (see Applicant's letter). The applicant is also being taxed by the County as if this property had commercial potential. Therefore, a more intense use than medium density residential is appropriate here. Although there is not currently a public street south of Chinden near the 1Z mile there is a public street on the north side of Chinden Boulevard in Spyglass Subdivision. This public street is located at approximately the Y2 mile. When the properties to the south of Spyglass Subdivision develop/redevelop, the City Council believes that a public collector road could be constructed at the Y2 mile (and possibly signalized when warrants are met). However, several developments will utilize Jericho Road and the City Council believes this road will function similar to a collector road for this area, thus making the subject site part of the envisioned neighborhood center. Further, this property has frontage on a highway, which makes a higher intensity use for this property agreeable. The City Council also recognizes that the location of the neighborhood center designation on the Future Land Use Map is conceptual. Neighborhood eenters are anticipated to have: short blocks, less than 300 feet; interconnected circulation that is convenient for automobiles, pedestrians, and transit; a variety of housing choices; housing that is arranged in a radiating pattern of lessening densities; transition between different housing types or densities at alleys; gridded street patterns; and, public open space. Further, the purpose of a neighborhood center is to create a centralized, pedestrian oriented, identifiable and day-to-day service oriented focal point for the neighborhood. The center should offer an internal circulation system that connects with adjacent neighborhoods or regional pathways, and they are anticipated to serve as public transit locations for park and ride lots, bus stops, and other alternative modes of transportation (see Pages 95- 97, Chapter VII of the City of Meridian Comprehensive Plan). The project does have some internal sidewalks and does propose one sidewalk to the adjacent school site to the south. Except for the sidewalk along the entry driveway, no other pedestrian connectivity is proposed between the multi-family dwellings and the office portion of the development. The lack of accessibility from the residential portion of the development to the proposed patio/plaza amenity in the office portion of the development (on the corner of Chinden and Jericho) turns what could have been an active amenity into a passive one that few would use. In addition to the amenity not being accessible to the residences within the project, this amenity has not been offered for use by the public either. Even if the patio in the office portion of the development counts as one amenity, this project is lacking a second amenity as defined by MCC. See Special Consideration #2 in the Conditional Use Permit section of this report. While the Comprehensive Plan Future Land Use Map does not explicitly supP011 a commercial zoning of this property, the City Council finds that there are several Comprehensive Plan policies that support evaluating this site for a zone not specifically envisioned by the Map (see below). "The Meridian Comprehensive Plan is an official policy guide for decisions concerning the physical development of the community. It indicates, in a general way, how the community may develop in the next five to ten years." (Chapter I, Section B of the Comprehensive Plan) Furthermore, in Chapter VII, Section C, "Future eonditions" states the following: "Figure VII-2 [The Comprehensive Land Use Map] depicts desired future land use categories and their location within the Impact Area. The areas depicted on the map are conceptual and, therefore, will require further analysis prior to the creation of a zoning map." Because the Comprehensive Plan is a guide when determining land uses, the City Council believes that this is an instance to "float" the neighborhood center to this site. There are five large one-acre lots to the south, a school to the southeast, a church directly to the east, and the properties to the west have yet to develop. If the non-residential aspect of the neighborhood center is moved away from the 12 mile, no significant negative impacts are envisioned for the adjacent properties in the mile between Locust Grove Road and Meridian Road. At the public hearing, some of the I-acre property owners to the south testified that they would not be agreeable to R-15 zoning/multi-family uses directly to their north. The Citv Council believes that a sten un in zoning density to R-15 for multi- family uses on the east side of this nronertv isiustified. The City Council also believes that non-residential uses (office) in an area nlanned for residential uses is annrooriate in this instance (as a use excention for the develonment). To more accuratel v correlate the use of the land to the zoning of the land the City eouncil believes that the City should zone the office/western oortion of this oronertv to L- Q. The City Council further finds that the R-15 and L-O zone and concurrent development applications generally comply with a majority of the policies, goals, objectives, and concepts contained within the Comprehensive Plan. The Commission also finds the following 2002 Comprehensive Plan text policies to be applicable to this application (analysis is in italics below policy): · "Require that development projects have planned for the provision of all public services" (ehapter VII, Goal III, Objective A, Action items 1 and 4) On May 13, 2005, a joint agency/department comments meeting was held with representatives of key service providers to this property. In that meeting no deficiencies of public services to serve this property were raised. · "Consider "Accommodating Bicycle and Pedestrian Travel: A Recommended Approach" from the National Center for Bicycling and Walking in all land use decisions." (Chapter VI, Goal II, Obj. A, #3) This publication encourages jurisdictions to establish bikeway and walkway facilities in new construction and reconstruction projects, in a manner that is safe, accessible and convenient. · "Restrict curb cuts and access points on collectors and arterial streets." (Chapter VII, Goal IV, Objective D, Action item 2) The applicant is only proposing one access point into the development from Jericho Road, a local street. No access to Chinden Boulevard (SH 20-26) is proposed. The City Council is supportive of the proposed access to the property. · "Require appropriate landscape and buffers along transportation corridors (setback, vegetation, low walls, berms, etc.)." (Chapter VII, Goal IV, Objective D, Action item 4) The applicant is proposing to construct a 35-foot wide landscape berm along Chinden Boulevard and a 20-foot wide landscape berm along Jericho Road. The City Council is supportive of these widths (see Preliminary Plat conditions for further details). · "Require new residential development to meet development standards regarding landscaping, signage, fences and walls, etc." (Chapter VII, Goal I, Objective C, Action item 4) The applicant has not depicted appropriate landscape buffers between the multi-family dwellings and the school site to the south (20-feet required), between the multi-family dwellings and the church to the east (20-feet required), or between the proposed office and the multi-family dwellings (20- feet required). · "Require useable open space to be incorporated into new residential subdivision plats." (Chapter VII, Goal IV, Objective C, Action item 3) Open space may be active or passive in its intended use, and must be accessible by all residents of the subdivision (MCC 12-]316-3). The applicant does state that 37% of the multi-familyloffice area (approximately 2 acres) is planned for landscaping. The applicant should provide useable open space in accordance with Meridian City Code. · "Require pedestrian access in all new development to link subdivisions together and promote neighborhood connectivity." (Chapter VII, Goal IV, Objective e, Action item 6) The applicant is proposing a sidewalk connection to the south; no connection to the east is proposed. · "Locate new cOlmnunity commercial areas on arterials or collectors near residential areas in such a way as to complement with adjoining residential areas." (Chapter VII, Goal I, Obj. B, #5) The subject property has frontage on Chinden Boulevard, an arterial roadway. The City Council believes that the proposed commercial office complements the adjoining residential area. · "Locate high-density development, where possible, near open space corridors or other pennanent major open space and park facilities, Old Town, and near major access thoroughfares." (Chapter VII, Goal V, Objective A, Action item 14) There are currently no permanent major open space or park facilities near this site. There is a charter school and associated open spaces with the school use. This higher-density development is located adjacent to Chinden Boulevard, a major thoroughfare. · "Actively involve Joint School District No.2 in subdivision site selection with developer before plat processing (pre-platting schedule meetings)." (Chapter VI, Goal VI, Objective B, Action item 1) A 17-acre school site is included within the subject annexation application. · "Consider development applications that apply the neighborhood center concept." (Chapter VII, Goal I, Objective B, Action item 1) The subject applications generally apply the neighborhood center concept outlined on pages 95 -97 of the Comprehensive Plan. The applicant has listed some Comprehensive Plan policies that support the annexation and proposed use of the property (see Applicant's letter dated February 15, 2005). For the reasons listed above the Citv Council finds that annexinf! and zoninf! as well as the desif!n of the orooosed olat and conditional use oermit are in f!eneral conformance with the City of Meridian Comorehensive Plan. B. Is the area included in the zoning amendment intended to be rezoned in the future; If the concurrent preliminary plat and conditional use permit applications are approved, the City Council does not believe that the applicant intends to rezone the property in the future. c. Is the area included in the zoning amendment intended to be developed in the fashion that would be allowed under the new zoning -for example, a residential area turning into a commercial area by means of conditional use permits; The five existing single-family homes in Westborough Subdivision are allowed in both the requested R-8 zone and R-4 zone without a CUP. The 17-acre school site is allowed in the requested R-4 zone without a CUP. The eity Council recognizes that approximately 6 acres of the area included in the proposed zoning amendment is intended to be developed in a fashion not allowed (principally permitted) under the proposed zoning. Both the proposed office uses and multi- family uses require conditional use permits in the requested R-15 zone (medium high density). However, if the western portion of the 6 acres is zoned L-O, the office area could be developed in a fashion allowed (principally pennitted) under the new zoning. The City does not currently have a zone that principally pennits apartments. Therefore, the eastern portion of the site, proposed for multi-family, requires conditional use permit approval. D. Has there been a change in the area or adjacent areas which may dictate that the area should be rezoned. For example, have the streets been widened, new railroad access been developed or planned or adjacent area being developed in a fashion similar to the proposed rezone area; There have been no recent street improvements in the area. Chinden Boulevard is not in the current STIP and Locust Grove Road is not currently scheduled within ACHD's Five Year Work Program or Capital Improvements Plan (eIP) for roadway widening. Pennanent sanitary sewer to this proposed development shall be provided via the North Slough Trunk, which is currently under construction, however laterals that will provide service will be through future phases of the Saguaro Canyon Subdivision. The eity Council finds that a substantial portion of the land to the south has been developed, or approved for development. However, the City has not approved any multi-family and/or office uses in this area. Arcadia Subdivision, Tustin Subdivision and Saguaro Canyon Subdivision, all contained single-family dwelling units. The City Council believes that the proposed development will be compatible with and is similar to the adjacent area. E. Will the proposed uses be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; The City Council believes that this development will set the tone for how the rest of the area along Chinden develops. The applicant has submitted elevations for the proposed office and multi-family dwellings. The City Council is supportive of the elevations for the multi-family and office buildings as they should be hannonious with the existing and intended character of the area. The existing character of the area will, and is, currently changing. However, the eity Council finds that if this site is developed as proposed, the zoning and subsequent uses will be hannonious and appropriate to the intended character of the vicinity (see Finding "A"). F. Will the proposed uses not be hazardous or disturbing to existing or future neighboring uses; Due to other existing and proposed uses near the site, the City Council does not anticipate that the zoning and proposed uses will be physically hazardous to future or existing uses or neighbors in the area. The Council should rely on the analysis, comments from other agencies, and public testimony to detennine whether the proposed use will be disturbing or hazardous to the existing neighboring uses and future expected uses in this vicinity. G. Will the area be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed zoning amendment shall be able to provide adequately any of such services; Sewer service for this development is being proposed via the existing "private lift station" constructed for the five previously approved lots to the south. When public works reviewed and accepted the plans for this lift station, Public Works staff was approving it for only the five lots that were proposed at the time, Arcadia to the west, and the five-acre commercial property to the north. Engineering staff has reservations on the ability of this lift-station to service the extra volume of sewage generated by the four-plexes that are now a part of this development. In preliminary discussions the applicant and a staff engineer at the City of Meridian have come to an agreement that the commercial portion of this proposed development could be allowed with the stipulation that a flow meter be installed to measure the true amount of sewage being "lifted". This would give accurate information on influent flows to allow for a more informed opinion on the sewerabilty of the remainder of the project. Water mains are readily accessible to this site and service is being proposed via an extension of water mains located in Jericho and Locust Grove. The applicant will be required to construct water mains to and through this proposed development. Coordinate size and routing with Public Works. The applicant and/or future property owners will be required to pay park and highway impact fees as well as construct on-site stonn water drainage facilities. This item was approved at the stafflevel at ACHD on May 10,2005. The applicant is being required to construct Jericho Road as one half of a 40 foot street section. Please review any additional comments that may be sent from ACHD between the print deadline and the hearing. On May 13, 2005, a joint agency/department comments meeting was held with representatives of key service providers to this property. Several comments were received from multiple departments. The detailed comments and conditions from the Fire Department, Police Department, and other agencies/departments are at the end of this report. Based on the comments received from other agencies/departments, the eity Council finds that the public services listed above can be made available to accommodate the proposed development. H. 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 developer will be financing the extension of sewer, water, public street infrastructure, utilities and irrigation services to serve the project. The primary public costs to serve the future residents and tenants will be fire, police, school facilities and services. The City Council finds there will not be excessive additional requirements at public cost and this development will not be detrimental to the economic welfare of the community. I. Will the proposed uses not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; The most recent traffic count for Chinden Boulevard, taken on January 30, 2003, was 15,301 ADT, west of Meridian Road. ACHD estimates that this development will generate 529 additional vehicle trips per day. The City Council recognizes that traffic and noise will increase with the approval of a development on this site; however, the Council does not believe that the amount generated will be detrimental to the general welfare of the public. The purpose ofthe L-O zone is to "permit the establishment of groupings of professional, research, executive, administrative, accounting, clerical, stenographic, public service and similar uses.. . shall not involve heavy testing operations of any kind or product manufacturing of such a nature to create noise, vibration or emissions of a nature offensive to the overall purpose of this District." (MCCII-7-2.G) The purpose of the R-15 zone is to penuit the establishment of medium-high density single-family attached and multi-family dwellings at a density not exceeding 15 dwelling units per acre. The City Council does not anticipate that annexation and development in accordance with current city code and the eomprehensive Plan will create excessive noise, smoke, fumes, glare, or odors. J. Will the area 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 construct one entrance into the site from Jericho Road. The proposed entrance is located approximately 285 feet south of Chinden Boulevard, and meets ACHD's requirements for location. If the proposed access and internal driveways are approved and constructed in accordance with ACHD and the City's policies, the City Council does not believe that the development will create interference with traffic on the surrounding public streets. K. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and The City Council finds that the proposed annexation and zoning should not result in the loss or damage of any natural or scenic features, as long as any existing trees are protected/mitigated. Any existing trees that the City Arborist deems necessary for mitigation that are removed shall be mitigated for, per the Landscape Ordinance (MeC 12-13-13). The City Council is not aware of any natural or scenic feature(s) that would be lost, damaged or destroyed by allowing this site to be annexed, zoned and developed. L. Is the proposed zoning amendment in the best interest of the City of Meridian. (Ord. 592, 11-17-1992)? In accordance with the findinf!s listed above the Citv Council finds that the annexation/zoninf! of this vrODertv as oroposed would not be in the best interest of the Citv. However the Citv Council finds that the Citv should annex and zone the 17.02 acres to R-4 as reauested. that the 5.53 acres Drovosed for R-8 zoning that contain sinrde-familv homes on one-acre lots also be zoned to R-4 R -2' and that the 6.62 acres DroDosed for R-15 zoninf!" be zoned to zonedL-O for the western Dortion containimz office uses and R-15 for the eastern vortion containinf! multi-familv dwellinf!"s. Consistent with the Comvrehensive Plan and the findinf!s listed above the Citv Council believes that the above-listed zones are avvroDriate for this DrODertv and zoninf! the vroverties as amended would be in the best interest of the Citv. EXHIBIT H Westborough Square Subdivision PP-05-020 Preliminary Plat Findings Meridian City Code (MCC) 12-3-3 J.2 and 12-3-5 D read as follows: "In determining the acceptance of a proposed subdivision, the Commission/Council shall consider the objectives of this title and at least the following: A. The conformance of the subdivision with the Comprehensive Development Plan; Please see Annexation and Zoning Analysis "A". B. The availability of public services to accommodate the proposed development; Please see Annexation and Zoning Analysis "G". C. The continuity of the proposed development with the capital improvement program; Because the developer will be required to install sewer, water, and utilities for the development at their cost, the eity Council finds that a development on this property will not require the expenditure of capital improvement funds. D. The public financial capability of supporting services for the proposed development; See finding "G" under Annexation and Zoning Analysis, and the Agency Comments and Conditions. E. The other health, safety or environmental problems that may be brought to the Commission's attention. The City Council finds that there should not be any health, safety or environmental problems associated with this subdivision; no hazardous natural features have been identified on the site. ACHD considers road safety issues in their analysis. EXHIBIT I Westborough Square Subdivision CUP-05-027 CUP/PD 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 pennit 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; As part of the Planned Development (PD) the applicant is requesting relief from the standard street frontage requirement and to construct multiple structures on a single lot. The City Council finds that the subject property is large enough to accommodate the requested uses and all other required features. Although the site is large enough to accommodate all of the features required by ordinance, the applicant has asked, through the Planned Development, to modify the specific development standards listed above. 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; Please see Annexation & Zoning Analysis "A". 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; Please see Annexation & Zoning Analysis "E". D. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; Please see Annexation & Zoning Analysis "E" and "F". 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; Please see Annexation & Zoning Analysis "G" and "H", the Other Agency/Department Comments and Conditions at the end ofthis report, and any comments that may be submitted to the City Clerk regarding this 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; Please see Annexation & Zoning Analysis "H". 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; Please see Annexation and Zoning Analysis "I". 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; Please see Annexation & Zoning Analysis "J". I. 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. Please see Annexation & Zoning Analysis "K". August 12,2005 MERIDIAN CITY COUNCIL MEETING APPLICANT J LJ Enterprises, Inc. CUP 05-027 August 16, 2005 ITEM NO. 5-f REQUEST Findings for Approval- Request for a CUP / PD approval of a mixed-use development consisting of 10 multi-family buildings and 6 office buildings with multiple buildings on a single lot and a waiver of the street frontage requirement for Westborough Square Subdivision 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: J( m \ TEIA)f H- Date: ~ l5\ Oc:. _ p _ Phone: Emailed: j ~ f' n+{tfYi~~\n.{\ilD ty\.<:n {lO'h Staff Initials~ cterlals presented at public meetings shall become property of the City of MendJan. COMMENTS See attached Findings lJJrPf8vU cUe;;d~f!lJ V\ ~' (~"\ I]l~, . ,""i " ." /)'1.""" \ " ,"" '''' STAFF SUMMARY OF CITY COUNCIL ACTION Transmittal Date: August 1 0, 2005 Project Name: Westborough Square Subdivision Case No(s): AZ-05-018/PP-05-020/CUP-05-027 Applicant: JLJ Enterprises, Inc. City Council Hearing Date: July 26, 2005 Recommendation: Approve with conditions A. Summary of Public Hearing: 1. In favor: Phil Hull (Applicant's Representative) 2. In opposition: None 3. Commenting: None 4. Staff presenting application: Anna Canning 5. Other staff commenting: Len Grady, Bill Nary B. Key Issues of Discussion by Council: I. Requiring noise abatement along Chinden Boulevard through a development agreement. 2. Changing the zoning for the five I-acre lots to R-2, not R-4. 3. Allowing the landscape buffers along Chinden Boulevard and between land uses to have encroachments (e.g. - sidewalks, patios, parking areas). C. Key Changes to Findings: Based on the July 26,2005, eity eouncil meeting, staff has made the following changes to the Findings and Exhibits: · Exhibit A has a new legal description and map for the five one-acre lots on Jericho Road that were proposed for R-4 zoning. The new legal description reflects that the zoning for these residential lots will be R-2. · Exhibit D (Annexation and Zoning eomments) now requires a Development Agreement (DA) for this property. As a condition of the DA, the applicant is required to install noise abatement measures along Chinden Boulevard. · Exhibit E (Preliminary Plat), Site Specific Condition #2 has been modified to allow the 35-foot wide buffer along ehinden to include the width of the sidewalk (bullet #1); allows the width of the land use buffers to include parking areas and patios (bullet #3); and, requires the sidewalk for Chinden to be constructed on the street side of the bennlwall/fence (bullet #5). CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of Annexation and Zoning of 29.18 Acres from RUT and R6 (Ada County) to R-2 (Rural Low Density Residential), R-4 (Low Density Residential), R-15 (Medium High Density Residential) and L-O (Limited Office District) AND Preliminary Plat Approval of Seven (7) Buildable Lots and One (1) Common/Other Lot on 5.39 Acres AND Conditional Use Permit Approval for a Planned Development Consisting of Forty (40) Multi-Family Dwelling Units and Six (6) Professional Office Buildings with Reduced Lot Frontages and Multiple Buildings on a Single Lot on 5.39 Acres for Westborough Square Subdivision, by JLJ Enterprises, Inc. Case No(s): AZ-05-018, PP-05-020, CUP-05-027 For the City Council Hearing Date of: July 26, 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 hearingbefore the eity Council was posted upon the property under consideration more than one week before said hearing. All other noticing was done consistent with Idaho Code S67- 6509. The matter was duly considered by the eity Council at the July 26, 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 S67-6509, 6512, and Meridian City Code SS 11-15-5 and 11-17-5 as CITY OF MERiDIAN ENDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-05-018 / PP-OS-020 / CUP-OS-027- PAGE] ofS 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 appIication(s), it is hereby verified that the property owner(s) of record at the time of issuance of these findings are Stetson Properties, LP, GoldCreek Developers, LLC, Meridian Joint School District, David Liebennan, Shaun and Dawn Luchini, Waldorf & Sons, Brett Stigile, and Reed and Amber Kofoed. 4. Required Findings per Zoning and Subdivision Ordinance a. See Exhibits G, H, and I for the findings required for these applications. 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 (LC. S67- 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 eity of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan ofthe City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the eity eouncil pursuant to Meridian City Code S 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 eity 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 Descriptions in Exhibit A, the Preliminary Plat dated July 15, 2005 as shown in Exhibit B, the Site Plan dated July 15, 2005 as shown in Exhibit C, the Annexation and Zoning Comments as shown in Exhibit D, the Preliminary Plat Site Specific and Standard Conditions as shown in Exhibit E, and the CUP/PD Site Specific and Standard Conditions as shown in Exhibit F. The conditions CITY OF MERIDIAN FfNDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-05-0 [8 / PP-05-020 I CUP-05-027- PAGE 2 of 5 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 eouncil's authority as provided in Meridian eity 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 Preliminary Plat as evidenced by having submitted the Preliminary Plat dated July 15, 2005 is hereby conditionally approved; 2. The applicant's Site Plan as evidenced by having submitted the Site Plan dated July 15, 2005 is hereby conditionally approved; and, 3. The Site Specific and Standard Conditions are as shown in Exhibits E and F. 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 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 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 segn1ents 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.) 2. Notice of Twelve (12) Month Preliminary Plat Duration Please take notice that after the date of approval ofthe preliminary plat, the owner or developer shall have one year within which to file the request for approval ofthe final plat. After approval of final plat, the owner or developer shall have one year to begin construction of the public utilities and one year thereafter to complete construction of those public facilities. (MCC 12-2-4.B & C.) CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NOeS). AZ-05-018 / PP-OS-020 / CUP-05-027- PAGE 3 of5 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 elerk 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 S 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 Descriptions ( 4 zones) Exhibit B: Approved Preliminary Plat (with conditions) Exhibit C: Approved Site Plan (with conditions) Exhibit D: Annexation and Zoning Comments Exhibit E: Preliminary Plat Site Specific and Standard Conditions Exhibit F: CUP/PD Site Specific and Standard Conditions Exhibit G: Zoning Amendment Findings Exhibit H: Preliminary Plat Findings Exhibit I: CUPIPD Findings By action of the City Council at its regular meeting held on the 16..ff1-- day of 4-ur<.f ,2005. COUNCIL MEMBER SHAUN WARDLE VOTED$~ VOTED~ COUNCIL MEMBER CHRISTINE DONNELL COUNeIL MEMBER CHARLIE ROUNTREE VOTED /16J"~ COUNCIL MEMBER KEITH BIRD VOTED -* It..,- CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSJONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-05-0 I 8/ PP-05-020 / CUP-05-027- PAGE 4 of5 MAYOR TAMMY de WEERD (TIE BREAKER) VOTED-==- Attest: and City Attorney. BJO-hllW\ AJ\ IVY\ ity elerk's Office Dated: ~... \€.'-os- CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-05-0 18 J PP-OS-020 J CUP-05-027- PAGE 5 of S EXHIBIT A Westborough Square Subdivision AZ--05-018 Legal Descriptions J~.ruJC'C:L \VIi'STOORonaH 1;~JUOJ"lfSHJ1\i PIOJoe( N. lVJ~J LOT 7 ZQ;o/E; lL4 CO':IolM~NCJI;\:(;:O ~h~ 1.-5" ~ I;J~ '<<!rm:r .rv;mr-G- ltlOJc.$2.@tl. nw1D~I;tUIC n;tC1ilC~ut i:l)nl;lI:rr~lrnid S:~onJ.Q. iLl'::ilC~ NtJ(l..'1 S~i~J.:r" Wli!l-lfAlilX1d~t 'PI-llb. 11~.lJY.-u. H:K' otnid i1O'~11.i .1.cHcu.uCl! nf t~"lc7$ rr:~t to <hi: (:elll~ of N. JUidll) t:mqd TI1l:oce Stlcdi'00"'29";'j6-" w~ ~1.ocilkn:W11."'lh::: Ct.'l'lh!.hrm: r.;f~. Ju,c::bQ .l{ood.1237,3S :i'tti.o t.~ l'OINT or' B~G1NNIN(;, lllt1k<:. &:dll R!i'''i19'01'. L1~1_ ~Q l~ '~el mi'l SJl$~ rtb_WQlP N..s ;N6~ ~r~mR rill: l.I~iUwun~otjl bn;r.n1 Tbcocr:65A7 f:\!eE :u<.tnl! lbe.arc af.uiJt;I.~ ltl tflll n~ht, b.'n'lbbill c:-:.ctml&D81c.g[lB"02.'~".:I roduG cf 208.00 f<<'e ,.b"n&,f by. otm,d bun_! s..th!W~S'G2~f",... ti5~a I..., '0 .51l1" ",b..\:u;J PLS :;t~l, Tl~~l:! S(lodb ll,l141'Ol" E;);;:!, G5,n !;-t1 to Il. Sta'" rc.bule:p- PLS ~46L ul:ltmji Lkt bc:g;:o:m.m.g O:lI. TUlS(:ill 'fh:m:c (rl14;\ 1at.loll,t t.\c iI1C: cftJieJ cun"lJ t,;,1IL: nthf. h:l.Vlog.. cclUmJ angle ofll:"Ol +5St-lll I'tkJiu; of ~91.00 ~1.subl-Wldl;'''' hy:t dtl,Jrl1 ~nl7t1-S~ulh !l1Y'4S.02'"E.Il.'I1;. 6IJ,IS fettlo ill 5/Ii"Rhurtl':tl'p.PLS 5-{61 l1i1:m:c 50011.1 S!2r';9'O~~ E~.L '1.31 fV!':l I" a1i3" leb:ntClp (lt$ ~~46~ m3rtJng L'1: 'ltlIlUi!:'liLU oCi.Ntu., nf Lt~~ l,lHQI.;i; 1 of "jd Wl#tbO(1)CCb SubdjmlQn.; ~I:'N(lttb-G11'29'5(j-ElI.u.. 799>,H (OI-,ilullS/8"j!:ib:Lf1I:.3:pYlU S&l6j lll!tIl::uigthc M;~~I'T;t:"'Qf Lo' 1.11lo<:k I ornid W..ll:wouJ\h SoWlv","", 'Iru;ncc SQuib t9"JO'l).r. r:.tiL ;29{.10 f<<~ 10-';;' Sl5,"IMf/...-"'P PLS ~I(jl uw1'.u,,S t1M! ~llu~b~.:.u.l;;(I.ttEr:-t or Lm G. Blo::5:. J uf 14id W;:.!Sl!mu'lltl~Subd!.'t1"i""n. T~cCmhtS(juih OWj'~')!J" \VQc. 10.00 rc.:tto Il: SJIi" t:li:(llf(fiC'.:lpl'U >HJl~ 1ll.l::t'l~~ S00ll1 ars"J:S" BuI.,2J1^62 flXi Eo it 3'8"~.....1p illS 5461; 'nJ~I"Jt-e Sourb IT'19'14.. Eiur:, 3.:4-.32 rD:l;l II) ~ ~8'\n:ff.1r/-C>ipPLS oi433 Groy;: n.~h::....: SCUlh fi.~};'ii" f""'H\ W:449 r,:,=,t ~#,I S/S'" rcbar/c.ap :rL~.~"J Ilim4lbl'; I;Ccterlw-c of' N. ~t Thlm~1! Smtih 00"J1.4Q" W_1rom;Jdo:~ wJtb UJ.d.;:tQ~lfiul1 inN, .L.IXu=.\ (jtliV~ Raild. :510.03 f~1;:l: to <1. 5(801- tdJarJc.:lp Pr.Sd,JlI Enu:t::n&d1tl\Ulilb~romer(l.f:ctid WCSfbcroughS...brlhu.fQ[I, E 339.0r ~;~~~:;~~.~::~~~ ::~I:~:;;~lb t.b:souwily hn~tHbrJ"n[~id WafutucU1,t\ Sub:L,,~Kttl. TIu:.cn.'C. ['((11m OQ'~J?'56" wtc.um(:ideot\'ii~h lire: C;::lllcrliJlc; ortlud N, Jc:ndt.a Read.. '9u:OOfl;:U to ll~ ~On<T OJ' nltCINNmc: TLo:::: p.u:~J l;lbu...i! d.a.licribtoJ ~~1 CXI1ll:lilm lUll ~i r&on:; ~ ~Ci3., Toat.!.he.- wUh ~mj :!OubJC'L"~~D CO"'l1U.J.iils. Q;U,-flm'iUt,. 3~rd t~./tJ"t.liQr.. of l"ttI:otd. e~~~\ EXHHH'J' MAP WESTBOROUGIi SUBDIVISION LOT 7 ZONE ,R-4 ~ r';!:.te .PACIFIC _.J~~~ ~~4f--- " 'i~~~~~~ 6~~iIC ~:~j~~~NQ Wl;STBOROUGI:I SUlJlJ!\'lSlQN 30363 !.OTS I nrnu S 7.c)Nll R.-Z COl\fME~"{'lNC l.t t.!:.'!: .35" bn:l.:ii-iZll.p, ClI~m~~ u<<..."Ot.] #10W,S1.6;ti-.rr.ubns [he ru:1{~bt::1~ll..."'~z of:!5.llid So.:!t.irm30, nl:J1C-c ~j)r1h :li.9"'$ll.l:'t" Wc;;-1 ~Ol.m:ldCi1 '\!"11tl:. U.: I1tJnh Irn~cf.tljll ~~oJ.f1hc~-'~t ~~ ~ ~t.1m:e of n.. I >7~i {ett [u the ttinl:trJi::..eaf~. li:::1cllil- R01tI; OJ? 1IF.GI~~~~UlliOO-"'19':S6.' Vo'~l 'i:Clinc~dcnz with tho: -l:c:otr.tli~ ot"N, JcncltQ Rt'J1i, ';76.1~ (en:..:;.:b..: rOrNl' T1l1:'+~ SUlILJ1.j9*'JO.~~ Ee.lr. lOS..SD t~1 1.):1 :SIST'lcbllr"~:1r 1)1S: ~L IIliliki:l.a 1h~ llO:~":; ''''Ll~f ....~f L('lt S. Htu(k t.'Of~ili-:J W~lbotouVr S::.hbitillrt;' Il.tIKC Sou::.'1~!:I'3U" Wt':It,. 7'99,4[ te-t::IIO.q Ss'S-Tt!:b<tc'ap PLS 5.;61 nUl.t].jog (he :klu!.hC'tI.'U ":QlnlrrQf [Ill ~~ Hl>J:;};, I, ...,ru(J WI:',d~'Orougb Su1:x!1vitioll::i T1'...:..o:a.:e:NrJT'l1J ,1",$(,01" Wen, ~i-.73 f.:"t ~O-.1;9sn"'t-~p'Cilp.Pl.S"-l-61 IW::lci.nt~1J'::~rJCa lJQ:'u-en~ TIu'!nca:: 65.41 r~t..tJlJJ1i I.lLt: ..m:-uf:l.ODd-.:mvt to the: krt, iu.\l';Lta..;[mCml Ul:;1~of UI'Ul!I).t'.~ il:~iW' o-f ~OR.nl} r~ct, :n;brenJ~d b)'~'Coonl bl;'.;::riJ:;g N-crtb !JO~4'S'Or W~ 65.2(.,1 {~r ro ~ S"8'" ro:b.rrl,.....p l:'LS $4.61~ 'fl1':D.CeN'ortb. 89"49'03'" WQ;1.'t, 50.14 :-cat;o- die:: (:ell~dm~ ufsaid N, J<:n<:ho Reid; {'OINT 6~~~~~~~~~9.~(I." bi1L-r.:.,.in;;.1.dcCl[',l,-j~htbc ~li'ilI(:dim:: n(..,;~jJN. 1~tid.I<I.R.;,J...iJ. 76L11 fectto tlx- Th~p-i1tt.t'L Il.ho~ dl::iclibed pa1c:::l c-on."1in~ 5,.53 ~o1..o; rJW"'t (It k~" To~~tbcr v.i.th Jnd .robjecllo cO\'CJUJl:t~~CiJ::i!r~'11."", <11111 (I:~tridi{lil$ ofm.:anL }olll' '." nk ?-L$ r~ {II DeKriptiO:l.. .0,.,1 of 1 EXHIBIT MAP l'VESTBOROUGH Sr..JBDIVISION LOT 1 THRU 5 ZONE R-2 ~ N ~a;~C~\Lt ~ ~~;:'~~'1:l Q ~ ;i 1n-LOTS 5 ,TliJl:U ~ lOl-Ill-(.8 '''i.100 .,:q U ~ ~ .~ ~~:"'~, !Ii~ I'.!Jf1..... (~~4.r~, SIl.,<.'O,,', \ t~ n,m' .k~~~I!:JC (1I.LA"tl B<'C.'STC"<,~ 'g "5461'" ~ 4:;'~ ~ ~~~j_ l' ARCI2L DESCRU'TTON July:! t, 2005 Pr~iecr; Project No.: WESTBOROUGH SQUARE (a-IS) 30363 A pored of land loco["d in the northeast '1. oftb<: north.itSl '!. ofSeq;on 30, TOl\nship 4 North, Range I E.'l, Bois. Meridian, Ado County. Idaho. referencing Weotbomegh SubdivislOlJ. ..corded al Poge 9884,1)885, and 9885. Book 87, ImlIUrnenl tlI03166998. more p:J.."ticularly described as f....llows' COMJ'rLENCING at the northeast Comet of ~aid Section 30. m:lI"kcd by.. 305" brnss cap, curner ",cord 11101052635, Thence North 89"51'35" West eoincidel1t with The nonh line o( .aid Ilotihe~sl V. orlbe northe"S! 'A of Semon 30, 0 dl$tlDcc 0037.97 reet to tllC POINT OFBEGTi'\7'.iNG; Th<nce SOUlh 00.37'36" West, 480.02 feet; Thence North 89"30'04" West, 322.li7 [xt. Thellce North 00.29'56" EnSI, 99.73 f..t: TIlene. North 22"47'49"&'1, l42.07 fcel; TIIL..,ee North. 00.08 '25" East, 247.14 fet:110 the said nonl) Hu" of the nonhca.l % of the nome"s! X of Sectj,.>il 30; Thence SOUlh &9.51 '35" E..I coineide.nrwllh t11~ said nOM liue Dflhc norrheasl v.. ofthc northean ~ ofSe~don 30," tlmon.. 'lf27 LS9 {ecllo the POINT OF BEGIN!'.TIG; The pnrcd ahove descIlbed contoin. 3.17 :lcrcs more or less To.1:ctbe:r "vith and subjc:cI lO coVeniulUij t3-St:nlClll5c, a.nd f.e:;.1JiC-tioU'J ofn:(;'On! Th" ba~is ofbe.rines fortl.e above d""eripuon is NorJJ S9'SI '35" WestbelWeen the 3.5" bIllS' cap (,omerrecord If] 01052635) rlliIlkWg tne northeaot comer of Stttl'l1l30 and th" 3.5" br;lSs ClIp (CQrn~r ",cord 118953713) ",,,,,I,:ing the nonh 'I. corner ofSectl<l1l30, both. In Township 4 Kaol1, R>1nge r E.s~ BOlSC MClllli:!Il.. S, b r Eod Description. 1.lceTJ,eKo, 5461 EXHIBIT MA.P J.'"OR WESTBOROUGH SQUARE ZONE R-15 A PARCEL OF LiND AU WCATE7J IN THE NEl/4 OF SECTION 80 T.4N.. FUE.. 8.M.. ADA COUNTY, lD.JRO 2005 .lu 271.59' k1~ ~~ ~ . .'-'-' 12 f:i.:;: 3.17 Ac,:!: VI,::; .....~ ~ .!-LI ill N89'JO'04"W ;"',1<) to... 0) ~2 ~ 322.87' .~1~~JC -.-"'-.--'- S89 '57 '35 "I:: CHINr:>fi:N BOUJ:.EVJ\.RD NB9'S7 '3S"W "- ~~G 737.97' ~ ~ ~ -.- NOT TO SCAlE iJ.;;"~-OI::; I ~: OHr-os II :52p~ F(Qm'~i&H P.dlt BCIS~, ID 83TOS Has p ~ 004/005 F-m PARCELDESCIUPTrON' July 21, 2005 WESTBQRQUGH SQV"^ R E (lrO) 30363 ProjeCI' Project :-lo.: ^ p:rred of land l"e~leu in the DOclu:ll1 V. oitheDordJeasr Y.. oiSectioo 30, Tow.II:Ilnp 4 !';"nh, Range t EMr, BOISe Me, >tlinn, Ada Collnry, [dalio, ref-:rendog Westoorough SUbdivision, recol"(fed at Pog" 9884, 9885, and 9885, Book 87, lnstmmenl #] 03166998, IDore p.mclIl;u-ly :loscnbed no f\,llows' COi\1JM.&'lCL"IG Dr the norlh=t comer of..ld Seetio1130, =ked hy ~ 35" brass cap, Com", lccord #10] 052635; Thence Konh 89'5'1'35" We'l coincident with the north lim: of said northeast Y. ofIlia northeast Y. of SeetloD 30, ~ dUl""cc of 1009.% f.:cl [0 the POTh'T Or, BECTh1'HNC; Thence South 00"08'25" West, :1;47.]4 fect; u''''''ce Soulb 22.4, A9" West, 142.01 feet; Thence Sourh OO'29'SG" Wes:, 99.13 fecI; Thence Norlh 89'30'04" Wc~l, 279.S2 feel to !.be eenktline o[ Jericho Ro~J, Thec<~ N orill 00'29'56" &"1 coincident with Il,,, ~"id eenrer1ine of Jericho Rood, 476.24 feet 1<1 tbe north lln~ of sold Secli"D 30; :l11cnCc Soulb 89'51'35" EaSt c()l1leideot wjlh the s~ld north line OfSCl:lioD 30. ~ disUlllCC af332J 9 fCClto tlle l'Ol!\"T OllllECL"INTh'C; The pefcel above deSCribed COUllIlllS 3.45 a.;res roore or 10;s. Together \v1.1h nnd :mbJect to 1:0VL'1laJ]t~. l~aJ)cnx.DlS~ am! ll:Stnctl.f.J-US of rr;cord Tl:e h"-'i. on.cllricg!; [or the obo"", descripdoD is ::-Io([h 89'5] '35" West belWccn Ihe 3.5"brnso cap (canoer tc!:Ord liLO 1052635) tr\.<lflring ihe northeasl comer ofSceDon 30 nnd the 3S' brass cap (comer fl!'Col-d #8953713) marking lb. north Y. comer of Section 30, both in Tawmltip 4 North, Ronlle l.Eas.. Boi.c Mcridinn ~,'.d S. Short J . P End O<:3criptiOIL ONH: 01 : 52pffi EXHIBIT MAP POR WESTBOROUGH SQUARE Z01VE L-O A PARCEL OF' LANli AU f..OCATED IN THE NEl/4 OF SECTION 30 TAN., RJ E., S.M., ADA COUNTY. IDAHO 2005 S89'S,,'JS"[ (:j{1N"",... DOUUV..= ~ ~~t;:'<g;o"" ~ ~ ~~ g~ Ll J45;~C.~~t?f~~ fA ~~ ?~, i &' ~ ~ N89 "JO'Q4 "w jg~ 279.82' ~g: .t:.4~~.C _.~:!=P:-- t009.5(;' ~ N, NO:!C~~ F.",I1.."L.....".SJi:;l~IW EXHIBIT B Westborough Square Subdivision PP-05-020 Approved Preliminary Plat EXHIBIT C Westborough Square Subdivision CUP-OS-027 Approved Site Plan EXHIBIT D Westborough Square Subdivision AZ-05-018 Annexation and Zoning Comments ANEXATION & ZONING FACTS AND COMMENTS 1. The subject property is within the Urban Services Planning Area. The legal description submitted with the application shows the property as contiguous to the existing corporate boundary of the City of Meridian. The Public Works Department has confirmed that the submitted legal description meets the requirements of the eity of Meridian and the Idaho State Tax eommission. 2. Prior to the annexation and zonin!! ordinance aDDroval. a DeveloDment A!!reement (DA) shall be entered into between the City of Meridian. Dronertv owner (at the time of annexation ordinance adootion). and the develoner. The anolicant shall contact the City Attornev. Bill Narv. at 888- 4433 to initiate this nrocess. The DA shall incoroorate the followinl!: · That the aDDlicant a!!rees to construct a 10-foot tall berm/fence or berm/wall combination alon!! Chinden Boulevard. The heil!ht of the berm/fence/ wall shall be measured from the centerline elevation of Chinden Boulevard. The heil!ht of the wall or fence mav not exceed 6- feet in hei!!ht (measured from the ton of the berm). The slone of the berm may not exceed a 3:1 ratio. The reouired sidewalk alonl! Chinden Boulevard shall be constructed on the north side of the berm/buffer. EXHIBIT E Westborough Square Subdivision PP-05-020 Preliminary Plat Site Specific and Standard Conditions SITE SPECIFIC CONDITIONS (PRELIMINARY PLAT) 1. The preliminary plat prepared by The Land Group, Inc., labeled sheet PP-l, dated 7-15-05, is approved with the changes listed herein. All conditions of the accompanying Annexation/Zoning (AZ-05-018) and Conditional Use Permit (CUP-05-027) application shall also be considered conditions ofthe Preliminary Plat (PP-05-020). 2. The submitted landscape plan prepared by The Land Group, Inc., dated 7-15-05 is approved with the other changes noted in the conditions below: · Construct eHftet: a 35-foot wide landscape buffer OR a 10 feet . ise laRsseape bl:tfreF along Chinden Boulevard Hncludin!! the width of the sidewalk), !f...the sise, alk fef ChiRseR BeBle anI is eeflstrnstes n ithiR the Fight ef a), the Sliff()f shall be 35 f-cet. The istl'l ehhe lanaseape bBff0f shall be 10 feet ihhe sise"alk is eeastrnetea n ithiR the laflss6afJe bliffer easemeat'lot. In accordance with MCC 12-13-10, install 1 tree within said buffer for every 35 feet of frontage on the Chinden Boulevard right-of-way. · Construct a minimum ten-foot wide landscape buffer along Jericho Road (buffer width shall not include sidewalk width). In accordance with MCe 12-13-10, install 1 tree within said buffer for every 35 feet of frontage on Jericho Road. · eonstruct 20-foot wide landscape buffers along the south and east property lines, and between the multi-family use and the office use. Said buffers shall contain materials in accordance with MCC 12-13-12-3 and flElt !!!!!l include impervious surfaces such as parking areas, 2ara2es and/or patios. · The applicant shall work with the City Arborist, Elroy Huff, on designing, adopting, and implementing a protection/mitigation plan for the existing trees on site. · Construct a 10-foot tall berm/fence or a berm/wall combination alon2 Chinden Boulevard. The heii!ht of the berm/fence/wall shall be measured from the centerline elevation of Chinden Boulevard. The hei!!ht of the wall or fence mav not exceed 6-feet in heii!ht (measured from the too of the berm), The sloDe of the berm mav not exceed a 3:1 ratio. The applicant shall be required to construct a minimum five-foot wide detached sidewalk along Chinden Boulevard. Said sidewalk shall be on the north (street) side of the reauired berm alon!! Chinden Boulevard. 3. Prior to signature of the final plat by the City Engineer, provide a cross parking/cross access agreement for all of the new lots within the subdivision to utilize the drive aisles and parking areas (including sidewalks). Maintenance of the drive aisles and parking areas should be provided for in a note on the face of the final plat, AND/OR in a document such as CCRs. Vehicular access to this site shall be restricted to those approved by ACHD, ITD and the City. A note shall be placed on the face of the final plat prohibiting vehicular access to this site from Chinden Boulevard. 4, 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 MCC 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), 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. 5. eonstruct a six-foot tall solid fence along the south and east property lines (adjacent to the existing residences, school and church), as proposed. A detailed fencing plan shall be submitted upon application of the final plat. If permanent fencing is not provided around the entire perimeter, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of building permits, All solid fences shall taper down to 3-feet maximum within 20 feet of all right-of-way. All fencing shall be installed in accordance with MCC 12-4-10. 6. The applicant has not indicated who will own and operate the pressurized irrigation system within this development. Underground year-round pressurized irrigation must be provided to all lots within this development. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If the pressurized irrigation system within this development is to remain a private association system, complete plans and specifications 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 shall be submitted prior to plan approvaL The applicant shall be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary 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 City Engineer. 7. Maintenance of all common areas, including but not limited to: drive aisles, parking areas, landscaping, etc., shall be the responsibility of the Westborough Square Owners' Association. 8. Westborough subdivision has designed and installed a private sewer lift station as part of an earlier phase. When public works reviewed and accepted the plans for this lift station, staff was approving it for only the five lots for which it was proposed and five commercial lots. With the added multiple family dwelling units engineeling staff has some reservations on the ability of this lift-station to service the proposed extra volume of effluent. The applicant shall install a flow monitor to measure the hue amount of flow that is being generated by this development. Thereby enabling engineering staff to determine how many lots of this may be developed until gravity sewer becomes available. The applicant shall be responsible to construct all required sewer mains to service this project, main sizing and routing to be coordinated with Public Works. 9. Water service to this site is being proposed via an extension of water mains located Jericho road. A water connection to Locust Grove road may be required to achieve adequate fire flow for the proposed development. The applicant shall construct water mains to and through this proposed development. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. Coordinate main size and routing with Public Works. 10. Water service to this site is being proposed via an extension of water mains located in Jericho road. A water connection to Locust Grove road may be required to achieve adequate fire flow for the proposed development. The applicant shall construct water mains to and through this proposed development, coordinate main sizing and routing with Public Works department. Applicant shall execute City of Meridian standard fonus of easements, for any mains that are required to provide service. 11. The preliminary plat depicts three seepage beds being installed within 20-feet of a proposed building. Per DEQ regulations there shall be a minimum 20-foot of separation between an underground storm drainage facility and any building. The applicant shall make the necessary adjustments to comply. 12. All sewer and water mains not in the AeHD right-of-way must be centered in a 20-foot wide utility easement. GENERAL CONDITIONS (PRELIMINARY PLAT) 1. All grading of the site shall be performed in conformance with MeC 11-12-3H. 2. Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to MCC 12-13-10-8. 3, A letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 4. Street signs are to be in place) water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 5. 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. 6. 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. 7. Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Enviromnental Protection Agency, 8. Applicant shall be responsible for application and compliance with any Section 404 Pennitting that may be required by the Army Corps of Engineers, 9. A detailed landscape and fencing plan, in compliance with the landscape and subdivision ordinance and as noted in this report, shall be submitted for the subdivision with the final plat application. 10. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 11. Two-hundred-fiftyand one-hundred-watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense, Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power eompany. The street light contractor shall obtain design and permit from the Public Works Department prior commencing installations. 12. Submit any up-dated groundwater/soils monitoring data, as collected and analyzed by a soils scientist, to the Public Works Department for review. Any drainage areas (detention/retention basins) must be designed to ensure that water will percolate or discharge with a period of time not to exceed 24-hours for all storms up to and including a 100-year stonn events. 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. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established normal groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least I-foot above groundwater. 13. The applicant shall coordinate mailbox locations with the Meridian Post Office. 14, 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-S. Wells may be used for non-domestic purposes such as landscape irrigation. 15. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 16. Applicant's engineer will be required to submit a signed, stamped statement certifying that all street finish centerline elevations are set a minimum of three feet above the highest established normal groundwater elevation. 17. The applicant shall be required to pay Public Works development plan review, and construction inspection fees, as detennined during the plan review process, prior to signature on the final plat per Resolution 02-374. IS, Staffs failure to cite specific ordinance provisions or terms of the approved annexation/conditional use does not relieve the applicant of responsibility for compliance. 19. Preliminary plat approval shall be subject to the expiration provisions set forth in MCC 12-2-4. OTHER AGENCYIDEPARTMENT COMMENTS & CONDITIONS MERIDIAN PARKS DEPARTMENT 1. Minimum acreage standard for City Park: The City is willing to develop and maintain Community Parks, Urban Parks, and Neighborhood Parks. Neighborhood Parks will be reviewed on a case-by-case basis. The eity may choose to maintain neighborhood parks at an acreage of seven acres or larger. It will be the responsibility of private homeowner groups or associations to develop and maintain the smaller mini parks and some Neighborhood Parks in their subdivision that the City does not maintain. 2. Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance (MCC 12-13-13-6) will be followed. SANITARY SERVICES COMPANY 1. Please contact Bill Gregory at SSC (88S-3999) for detailed review of your proposal and submit stamped (approved) plans with your certificate of zoning compliance application. MERIDIAN FIRE DEPARTMENT 1. Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Melidian 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 W' 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. To increase emergency access to the site a minimum oftwo points of access will be required for any portion of the project, which serves more than 50 homes. The two entrances should be separated by no less than Y2 the diagonal measurement of the full development. 6. Building setbacks shall be per the International Building Code for one and two story construction. 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 proposed multi-family lot has an estimated 40 units. The Meridian Fire Department has experienced 2612 responses in the year 2004. 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. The 6 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 2612 responses in the year 2004. 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. 10. The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer 11. Maintain a separation of 5' from the building to the dumpster enclosure. 12. Provide a Knoxbox entry system for the complex prior to occupancy. 13. The first digit of the Apartment/Office Suite shall correspond to the floor level. 14. The applicant shall work with Planning Department staff to provide an address identification plan including a pylon/monument sign at the required intersection(s). 15. 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. 16. All aspects of the building systems (including exiting systems), processes & storage practices shall be required to comply with the International Fire Code. 17. The proposed location of the Meridian Fire Station meets the general requirements of the Master Site Plan for fire station locations. The site appears to have met the minimum lot dimensions required for a satellite fire station location. 18. All portions of the buildings located on this proj ect must be within 150' of a paved surface as measured around the perimeter of the building. 19. Provide exterior egress lighting as required by the International Building & Fire eodes. 20. 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). 21. All R-2 occupancies with 6 or more units or with 3 floors shall be required to be fire sprinklered. This may be required for the subject 4-plexes. 22. There shall be a fire hydrant within 100' of all fire department connections. ADA COUNTY HIGHWAY DISTRICT SITE SPECIFIC CONDITIONS OF ApPROVAL 1. Dedicate 27-feet of right-of-way from the centerline of Jericho Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building penuit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will not be compensated for this additional right-of-way because Jericho Road is classified as a commercial roadway and is to be brought to adopted standards by the developers of abutting properties. 2. Construct Jericho Road as one half of a 40-foot street section with vertical curb, gutter and 5-foot concrete sidewalk. 3. Construct a 30-foot wide curb return type driveway that intersects Jericho Road approximately 285-feet south of State Highway 20/26 (Chinden Boulevard), as proposed. Pave the driveway its full width and at least 30-feet into the site beyond the edge of pavement of Jericho Road and install pavement tapers with 15-foot radii abutting the existing roadway edge. 4. eomply with requirements ofITD for State Highway 20-26 (Chinden Boulevard) frontage. Submit to the District a letter from ITD regarding said requirements prior to District approval of the final plat or issuance of a building permit (or other required permits), whichever occurs first. Contact District III Traffic Engineer Dan Coonce at 334-8340. 5. Comply with all Standard Conditions of Approval. STANDARD CONDITIONS OF ApPROVAL 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada eounty Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1- 800-342-1585) at least two full business days prior to breaking ground within AeHD right-of-way. The applicant shall contact ACHD Traffic Operations 387- 6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. CENTRAL DISTRICT HEALTH DEPARTMENT 1. This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted. 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 3. Run-offis not to create a mosquito breeding problem. 4. Stonnwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 5. The Engineers and architects involved with the design ofthe subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. SETTLERS IRRIGATION DISTRICT 1. All irrigation/drainage facilities along with their easements must be protected and continue to function. 2. A Land Use Change Application must be on file prior to any approvals. 3. A license agreement MUST be signed and recorded prior to construction of any S.I.D. facilities, or within its easements, 4. Any changes to the existing irrigation system such as relocation, tiling, and landscaping must be approved by Settlers Irrigation District. 5. All storm drainage must be retained on site. IDAHO TRANSPORT A TION DEPARTMENT 1. We have reviewed the preliminary plan for the above referenced subdivision and are pleased to see that all access is either from Locust Grove or Jericho Road and no additional access will be required from US-20. At this time we do not have any additional stipulation for the subdivision. 2. Noise abatement (berms, fences, etc.) will be the responsibility of the developer and will be constructed off of the State Right of Way. EXHIBIT F Westborough Square Subdivision CUP-05-027 CUP/PD Site Specific and Standard Conditions SITE SPECIFIC CONDITIONS OF APPROVAL (CUP/PD) 1. The site plan prepared by The Land Group, Inc., labeled sheet SP-l, dated 7-15- 05, is approved with the changes listed herein. All conditions of the accompanying Annexation and Zoning (AZ-05-018) application and Preliminary Plat (PP-05-020) shall also be considered conditions of the Conditional Use Pennit (CUP-05-027) application. 2. The project shall conform to the L-Q and R-15 dimensional standards, except as follows: Minimum frontage: O-feet Multiple principal detached buildings may be constructed on a single lot. No other variances, exceptions or reductions to the City adopted dimensional standards or uses are approved with this CUP/PD application. 3. As one amenity for the PD, provide a plaza space with benches, planters, tables and trees and a more direct walkway from the plaza space to the multi-family portion of the development. As the second amenity for the PD, provide a tot lot within the multi-family portion of the development. 4. Set aside at least 10% of the gross area ofthe multi-family portion of the development as open space, as proposed. Provide at least 100 square-feet of private useable open space for each dwelling unit. 5. All building construction within Westborough Square Subdivision shall substantially comply with the elevations on file with the Planning and Zoning Department, prepared by McKibben & Cooper Architects. Construction materials used on the structure should be approved by City of Meridian Building Department and in accordance with the most recently adopted City of Meridian Building Code. 6. All parking stalls and drive aisle dimensions shall meet city ordinances, with parking spaces being at least 9 feet by 19 feet adjacent to 25-foot wide drive aisles. 7. No signs are approved with this CUP application. All business signs require a separate sign permit in compliance with the sign ordinance. All signage shall be in accordance with the standards set forth in this report and Section 11-14 of the City Zoning and Development Ordinance, 8. 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 Celiificate of Zoning Compliance (CZC) from the Meridian Plmming and Zoning Department (MCC 11-19-1). 9. All required improvements must be complete pIior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the eity in the fonn of a letter of credit or cash in the amount of 11 0% 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. If construction has not begun within 18 months of City eouncil approval, a new conditional use permit must be obtained prior to the start of development. 11. 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.e. 12. It is the applicant's responsibility to ensure that all construction conforms to the requirements of the Americans with Disabilities Act. 13. Comply with the conditions and comments of all City Departments, and other agencies. 14, Applicant's (or successor's) failure to comply with any of the tenns of approval of the conditional use permit shall be cause for revocation of the conditional use permit. OTHER AGENCYIDEPARTMENT COMMENTS & CONDITIONS MERIDIAN PARKS DEPARTMENT 1. Minimum acreage standard for City Park: The City is willing to develop and maintain Community Parks, Urban Parks, and Neighborhood Parks. Neighborhood Parks will be reviewed on a case-by-case basis. The City may choose to maintain neighborhood parks at an acreage of seven acres or larger. It will be the responsibility of private homeowner groups or associations to develop and maintain the smaller mini parks and some Neighborhood Parks in their subdivision that the City does not maintain. 2. Standard for Mitigation of trees: The standard established in the eity of Meridian Landscape Ordinance (MCe 12-13-13-6) will be followed. SANITARY SERVICES COMPANY 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. 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 W' 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 tuming 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 DI03.6 Signs. 5. To increase emergency access to the site aminimUlTI of two points of access will be required for any portion of the project, which serves more than 50 homes. The two entrances should be separated by no less than 11 the diagonal measurement of the full development. 6. Building setbacks shall be per the International Building Code for one and two story construction. 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 proposed multi-family lot has an estimated 40 units. The Meridian Fire Department has experienced 2612 responses in the year 2004. 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. The 6 office/commercial lots lot will have an unknown transient population and will have an unknown impact on Meridian Fire Department call volumes. TIle Meridian Fire Department has experienced 2612 responses in the year 2004. 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. 10. The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer 11. Maintain a separation of 5' from the building to the dumpster enclosure. 12. Provide a Knoxbox entry system for the complex prior to occupancy. 13. The first digit of the Apartment/Office Suite shall correspond to the floor level. 14. The applicant shall work with Planning Department staff to provide an address identification plan including a pylon/monument sign at the required intersection(s). 15. 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. 16. AU aspects of the building systems (including exiting systems), processes & storage practices shall be required to comply with the International Fire Code. 17. The proposed location of the Meridian Fire Station meets the general requirements of the Master Site Plan for fire station locations. The site appears to have met the minimum lot dimensions required for a satellite fire station location. 18. All portions of the buildings located on this project must be within 150' of a paved surface as measured around the perimeter of the building. 19. Provide exterior egress lighting as required by the International Building & Fire Codes. 20. Where a portion of the facility or building hereafter constructed or moved into or within tlle 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). 21. All R-2 occupancies with 6 or more units or with 3 floors shall be required to be fire sprinklered. This may be required for the subject 4-plexes. 22. There shall be a fire hydrant within 100' of all fire department connections. ADA COUNTY HIGHWAY DISTRICT SITE SPECIFIC CONDITIONS OF ApPROVAL 1. Dedicate 27-feet of right-of-way from the centerline of Jericho Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will not be compensated for this additional right-of-way because Jericho Road is classified as a commercial roadway and is to be brought to adopted standards by the developers of abutting properties. 2. Construct Jericho Road as one half of a 40-foot street section with vertical curb, gutter and 5-foot concrete sidewalk. 3. Construct a 30-foot wide curb return type driveway that intersects Jericho Road approximately 285-feet south of State Highway 20/26 (Chinden Boulevard), as proposed. Pave the driveway its full width and at least 30-feet into the site beyond the edge of pavement of Jericho Road and install pavement tapers with IS-foot radii abutting the existing roadway edge. 4. Comply with requirements of ITD for State Highway 20-26 (Chinden Boulevard) frontage. Submit to the District a letter from ITD regarding said requirements prior to District approval of the final plat or issuance of a building permit (or other required permits), whichever occurs first. Contact District III Traffic Engineer Dan Coonce at 334-8340. 5. Comply with all Standard Conditions of Approval. STANDARD CONDITIONS OF ApPROVAL 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWe Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7, Construction, use and property development shall be in confonnance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #200, also known as Ada eounty Highway District Road Impact Fee Ordinance. 9. It is the responsibility ofthe applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1- 800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387- 6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal reliefis granted pursuant to the law in effect at the time the change in use is sought. CENTRAL DISTRICT HEALTH DEPARTMENT I. This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted. 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 3. Run-offis not to create a mosquito breeding problem. 4. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality, 5. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. SETTLERS IRRIGATION DISTRICT 1. All irrigation/drainage facilities along with their easements must be protected and continue to function. 2. A Land Use Change Application must be on file prior to any approvals. 3, A license agreement MUST be signed and recorded prior to construction of any S.LD. facilities, or within its easements. 4. Any changes to the existing irrigation system such as relocation, tiling, and landscaping must be approved by Settlers Irrigation District. 5. All storm drainage must be retained on site. IDAHO TRANSPORTATION DEPARTMENT 1. We have reviewed the preliminary plan for the above referenced subdivision and are pleased to see that all access is either from Locust Grove or Jericho Road and no additional access will be required from US-20. At this time we do not have any additional stipulation for the subdivision. 2. Noise abatement (berms, fences, etc.) will be the responsibility of the developer and will be constructed offofthe State Right of Way. EXHIBIT G Westborough Square Subdivision AZ-05-018 Zoning Amendment Findings According to Meridian eity Code (MeC) 11-15-11, General Standards Applicable to Zoning Amendments, both the Planning & Zoning Commission and Council are required "to review the particular facts and circumstances of each proposed zoning amendment in terms of the following standards and shall find adequate evidence answering the following questions about the proposed zoning amendment." The following is the list of standards found in 11-15-11 and analysis by City Council: A. Will the new zoning be harmonious with and in accordance with the Comprehensive Plan and, if not, has there been an application for a Comprehensive Plan amendment; All 29 acres of the subject property are designated for medium density residential use on the Comprehensive Plan Future Land Use Map. The purpose of this designation is "to allow smaller lots for residential purposes within city limits. Uses may include single-family homes at densities of three to eight dwelling units per acre." (Page 93, Chapter VII, City of Meridian Comprehensive Plan), The applicant is requesting three different zoning designations for four different land uses on the subject property. The R-4 zone (Low Density) is requested for the 17-acre school site. The City Council is supportive of this nroposed R-4 zoning desirnation as schools are principallv permitted in the requested zone and this zone is consistent with the Future Land Use Map. The R-8 zone (Medium Density) is requested for the five, one-acre single-family lots in Westborough Subdivision. While this designation is consistent with the Future Land Use Map, it is not consistent with the existing land use. The R-8 zone is geared towards developments containing between four and eight dwelling units per acre and the subject density is approximately one dwelling unit per acre. The City Council finds that the Citv should zone this Propertv to R-4 R-2 as the R-4 R-2 zone would more accuratelv correspond to the use of the land as one-acre residential lots. The R-15 zone (Medium High Density) is requested for the six office lots and one multi-family lot (6.62 acres total). The Comprehensive Plan does allow a one step increase or decrease in residential areas without amending the Comprehensive Plan. The R-15 district allows for medium-high density single-family attached and multi-family dwellings at densities not exceeding 15 dwelling units per acre (MCC 11-7-2.E). In addition to the multi-family, the applicant is requesting CUP approval to construct office buildings within the proposed residential zone (see CUP-05-027). The applicant states in the submittal letter that the neighborhood center shown between Locust Grove Road and Meridian Road should "float" to the east because there is not a collector roadway intersecting Chinden at the Y2 mile and the existing uses do not lend themselves to the neighborhood center concept (see Applicant's letter). The applicant is also being taxed by the County as if this property had commercial potential. Therefore, a more intense use than medium density residential is appropIiate here. Although there is not currently a public street south of Chinden near the Y2 mile there is a public street on the north side of Chinden Boulevard in Spyglass Subdivision. This public street is located at approximately the Y2 mile. When the properties to the south of Spyglass Subdivision develop/redevelop, the City Council believes that a public collector road could be constructed at the Y2 mile (and possibly signalized when warrants are met). However, several developments will utilize Jericho Road and the City Council believes this road will function similar to a collector road for this area, thus making the subject site part of the envisioned neighborhood center. Further, this property has frontage on a highway, which makes a higher intensity use for this property agreeable. The City Council also recognizes that the location of the neighborhood center designation on the Future Land Use Map is conceptual. Neighborhood Centers are anticipated to have: short blocks, less than 300 feet; interconnected circulation that is convenient for automobiles, pedestrians, and transit; a variety of housing choices; housing that is arranged in a radiating pattern of lessening densities; transition between different housing types or densities at alleys; gridded street patterns; and, public open space. Further, the purpose of a neighborhood center is to create a centralized, pedestrian oriented, identifiable and day-to-day service oriented focal point for the neighborhood. The center should offer an internal circulation system that connects with adjacent neighborhoods or regional pathways, and they are anticipated to serve as public transit locations for park and ride lots, bus stops, and other alternative modes of transportation (see Pages 95- 97, Chapter VII ofthe eity of Meridian Comprehensive Plan). The project does have some internal sidewalks and does propose one sidewalk to the adjacent school site to the south. Except for the sidewalk along the entry driveway, no other pedestrian connectivity is proposed between the multi-family dwellings and the office portion of the development. The lack of accessibility from the residential portion of the development to the proposed patio/plaza amenity in the office portion of the development (on the corner of Chinden and Jericho) turns what could have been an active amenity into a passive one that few would use. In addition to the amenity not being accessible to the residences within the project, this amenity has not been offered for use by the public either. Even if the patio in the office portion of the development counts as one amenity, this project is lacking a second amenity as defined by MCC. See Special Consideration #2 in the Conditional Use Permit section of this report. While the Comprehensive Plan Future Land Use Map does not explicitly support a commercial zoning of this property, the eity Council finds that there are several Comprehensive Plan policies that support evaluating this site for a zone not specifically envisioned by the Map (see below). "The Meridian Comprehensive Plan is an official policy guide for decisions concerning the physical development of the community. It indicates, in a general way, how the community may develop in the next five to ten years." (Chapter I, Section B of the Comprehensive Plan) Furthermore, in Chapter VII, Section C, "Future Conditions" states the following: "Figure VII-2 [The Comprehensive Land Use Map J depicts desired future land use categories and their location within the Impact Area. The areas depicted on the map are conceptual and, therefore, will require further analysis prior to the creation of a zoning map." Because the Comprehensive Plan is a guide when determining land uses, the City Council believes that this is an instance to "float" the neighborhood center to this site. There are five large one-acre lots to the south, a school to the southeast, a church directly to the east, and the properties to the west have yet to develop. If the non-residential aspect of the neighborhood center is moved away from the 1;2 mile, no significant negative impacts are envisioned for the adjacent properties in the mile between Locust Grove Road and Meridian Road. At the public hearing, some of the I-acre property owners to the south testified that they would not be agreeable to R-15 zoning/multi-family uses directly to their north. The City Council believes that a step UP in zoninl! density to R-15 for multi- family uses on the east side of this prouerty is iustified. The Citv Council also believes that non-residential uses (office) in an area planned for residential uses is aporopriate in this instance (as a use exception for the development). To more accuratelv correlate the use of the land to the zoninl! of the land the City Council believes that the Citv should zone the office/western portion of this oropertv to L- Q. The City eouncil further finds that the R-15 and L-O zone and concurrent development applications generally comply with a majority of the policies, goals, objectives, and concepts contained within the eomprehensive Plan. The Commission also finds the following 2002 Comprehensive Plan text policies to be applicable to this application (analysis is in italics below policy): · "Require that development projects have planned for the provision of all public services" (Chapter VII, Goal III, Objective A, Action items 1 and 4) On May 13, 2005, ajoint agency/department comments meeting was held with representatives of key service providers to this property. In that meeting no deficiencies of public services to serve this property were raised. · "Consider "Accommodating Bicycle and Pedestrian Travel: A Recommended Approach" fl.-om the National Center for Bicycling and Walking in all land use decisions." (Chapter VI, Goal II, Obj. A, #3) This publication encourages jurisdictions to establish bikeway and walkway facilities in new construction and reconstruction projects, in a manner that is safe, accessible and convenient. · "Restrict curb cuts and access points on collectors and arterial streets." (ehapter VII, Goal IV, Objective D, Action item 2) The applicant is only proposing one access point into the development from Jericho Road, a local street. No access to Chinden Boulevard (SH 20-26) is proposed. The City Council is supportive of the proposed access to the property. · "Require appropriate landscape and buffers along transportation corridors (setback, vegetation, low walls, berms, etc.)." (Chapter VII, Goal N, Objective D, Action item 4) The applicant is proposing to construct a 35-foot wide landscape berm along Chin den Boulevard and a 20-foot wide landscape berm along Jericho Road. The City Council is supportive of these widths (see Preliminary Plat conditions for fitrther details). · "Require new residential development to meet development standards regarding landscaping, signage, fences and walls, etc." (Chapter VII, Goal I, Objective C, Action item 4) The applicant has not depicted appropriate landscape buffers between the multi-family dwellings and the school site to the south (20-feet required), between the multi-family dwellings and the church to the east (20-feet required), or between the proposed office and the multi-family dwellings (20- feet required). · "Require useable open space to be incorporated into new residential subdivision plats." (ehapter VII, Goal IV, Objective C, Action item 3) Open space may be active or passive in its intended use, and must be accessible by all residents of the subdivision (MCC 12-1316-3). The applicant does state that 37% of the multi.Jamilyloffice area (approximately 2 acres) is planned for landscaping. The applicant should provide useable open space in accordance with Meridian City Code. · "Require pedestrian access in all new development to link subdivisions together and promote neighborhood connectivity." (ehapter VII, Goal IV, Objective C, Action item 6) The applicant is proposing a sidewalk connection to the south; no connection to the east is proposed. · "Locate new community commercial areas on arterials or collectors near residential areas in such a way as to complement with adjoining residential areas." (Chapter VII, Goal I, Obj. B, #5) The subject property has frontage on Chinden Boulevard, an arterial roadway. The City Council believes that the proposed commercial office complements the adjoining residential area. · "Locate high-density development, where possible, near open space corridors or other pennanent major open space and park facilities, Old Town, and near major access thoroughfares." (Chapter VII, Goal V, Objective A, Action item 14) There are currently no permanent major open space or park facilities near this site, There is a charter school and associated open spaces with the school use, This higher-density development is located adjacent to Chinden Boulevard, a major thoroughfare. · "Actively involve Joint School District No.2 in subdivision site selection with developer before plat processing (pre-platting schedule meetings)." (Chapter VI, Goal VI, Objective B, Action item 1) A 17-acre school site is included within the subject annexation application. · "Consider development applications that apply the neighborhood center concept." (Chapter VII, Goal I, Objective B, Action item 1) The subject applications generally apply the neighborhood center concept outlined on pages 95 -97 of the Comprehensive Plan. The applicant has listed some Comprehensive Plan policies that support the annexation and proposed use of the property (see Applicant's letter dated February 15, 2005). For the reasons listed above the Citv Council finds that annexinf! and zoninf! as well as the desif!n of the vroDosed vlat and conditional use vermit are in f!eneral conformance with the Citv of Meridian Comvrehensive Plan. B. Is the area included in the zoning amendment intended to be rezoned in the future; If the conCUlTent preliminary plat and conditional use penuit applications are approved, the City eouncil does not believe that the applicant intends to rezone the property in the future. C. Is the area included in the zoning amendment intended to be developed in the fashion that would be allowed under the new zoning -for example, a residential area turning into a commercial area by means of conditional use permits; The five existing single-family homes in Westborough Subdivision are allowed in both the requested R-8 zone and R-4 zone without a CUP. The 17-acre school site is allowed in the requested R-4 zone without a CUP. The City Council recognizes that approximately 6 acres of the area included in the proposed zoning amendment is intended to be developed in a fashion not allowed (principally permitted) under the proposed zoning. Both the proposed office uses and multi- family uses require conditional use permits in the requested R-15 zone (medium high density). However, if the western portion of the 6 acres is zoned L-O, the office area could be developed in a fashion allowed (principally permitted) under the new zoning. The City does not currently have a zone that principally permits apartments. Therefore, the eastern portion of the site, proposed for multi-family, requires conditional use permit approval. n. Has there been a change in the area or adjacent areas which may dictate that the area should be rezoned. For example, have the streets been widened, new railroad access been developed or planned or adjacent area being developed in a fashion similar to the proposed rezone area; There have been no recent street improvements in the area. Chinden Boulevard is not in the current STIP and Locust Grove Road is not currently scheduled within ACHD's Five Year Work Program or Capital Improvements Plan (CIP) for roadway widening. Permanent sanitary sewer to this proposed development shall be provided via the North Slough Trunk, which is currently under construction, however laterals that will provide service will be through future phases of the Saguaro Canyon Subdivision. The City Council finds that a substantial portion of the land to the south has been developed, or approved for development. However, the City has not approved any multi-family and/or office uses in this area. Arcadia Subdivision, Tustin Subdivision and Saguaro Canyon Subdivision, all contained single-family dwelling units. The City Council believes that the proposed development wiII be compatible with and is similar to the adjacent area. E. Will the proposed uses be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; The eity Council believes that this development will set the tone for how the rest of the area along Chinden develops. The applicant has submitted elevations for the proposed office and multi-family dwellings. The City Council is supportive of the elevations for the multi-family and office buildings as they should be hannonious with the existing and intended character of the area. The existing character of the area will, and is, currently changing. However, the City Council finds that if this site is developed as proposed, the zoning and subsequent uses will be harmonious and appropriate to the intended character of the vicinity (see Finding "A"). F. Will the proposed uses not be hazardous or disturbing to existing or future neighboring uses; Due to other existing and proposed uses near the site, the City Council does not anticipate that the zoning and proposed uses will be physically hazardous to future or existing uses or neighbors in the area. The Council should rely on the analysis, comments from other agencies, and public testimony to detenuine whether the proposed use will be disturbing or hazardous to the existing neighboring uses and future expected uses in this vicinity. G. Will the area be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed zoning amendment shall be able to provide adequately any of such services; Sewer service for this development is being proposed via the existing "private lift station" constructed for the five previously approved lots to the south. When public works reviewed and accepted the plans for this lift station, Public Works staff was approving it for only the five lots that were proposed at the time, Arcadia to the west, and the five-acre commercial property to the north. Engineering staff has reservations on the ability ofthis lift-station to service the extra volume of sewage generated by the four-plexes that are now a part of this development. In preliminary discussions the applicant and a staff engineer at the City of Meridian have come to an agreement that the commercial portion of this proposed development could be allowed with the stipulation that a flow meter be installed to measure the true amount of sewage being "lifted". This would give accurate infonnation on influent flows to allow for a more informed opinion on the sewerabiIty of the remainder of the project. Water mains are readily accessible to this site and service is being proposed via an extension of water mains located in Jericho and Locust Grove. The applicant will be required to construct water mains to and through this proposed development. Coordinate size and routing with Public Works. The applicant and/or future propeliy owners will be required to pay park and highway impact fees as well as construct on-site stonn water drainage facilities. This item was approved at the stafflevel at ACHD on May 10,2005. The applicant is being required to construct Jericho Road as one half of a 40 foot street section. Please review any additional COlmnents that may be sent from ACHD between the print deadline and the hearing. On May 13, 2005, a joint agency/department comments meeting was held with representatives of key service providers to this property. Several comments were received from multiple departments. The detailed comments and conditions from the Fire Department, Police Department, and other agencies/departments are at the end of this report. Based on the comments received from other agencies/departments, the City Council finds that the public services listed above can be made available to accommodate the proposed development. H. 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 developer will be financing the extension of sewer, water, public street infrastructure, utilities and irrigation services to serve the project. The primary public costs to serve the future residents and tenants will be fire, police, school facilities and services. The City Council finds there will not be excessive additional requirements at public cost and this development will not be detrimental to the economic welfare of the community. I. Will the proposed uses not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; The most recent traffic count for Chinden Boulevard, taken on January 30,2003, was 15,301 ADT, west of Meridian Road. ACHD estimates that this development will generate 529 additional vehicle trips per day. The City Council recognizes that traffic and noise will increase with the approval of a development on this site; however, the eouncil does not believe that the amount generated will be detrimental to the general welfare of the public. The purpose of the L-O zone is to "permit the establishment of groupings of professional, research, executive, administrative, accounting, clerical, stenographic, public service and similar uses.. . shall not involve heavy testing operations of any kind or product manufactuling of such a nature to create noise, vibration or emissions of a nature offensive to the overall purpose of this District." (MCell-7-2.G) The purpose of the R-15 zone is to pennit the establishment of medium-high density single-family attached and multi-family dwellings at a density not exceeding 15 dwelling units per acre. The City Council does not anticipate that annexation and development in accordance with current city code and the Comprehensive Plan will create excessive noise, smoke, fumes, glare, or odors. J. Will the area 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 construct one entrance into the site from Jericho Road. The proposed entrance is located approximately 285 feet south of ehinden Boulevard, and meets ACHD's requirements for location. If the proposed access and internal driveways are approved and constructed in accordance with ACHD and the City's policies, the City Council does not believe that the development will create interference with traffic on the surrounding public streets. K. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and The City eouncil finds that the proposed annexation and zoning should not result in the loss or damage of any natural or scenic features, as long as any existing trees are protected/mitigated. Any existing trees that the City Arborist deems necessary for mitigation that are removed shall be mitigated for, per the Landscape Ordinance (MCC 12-13-13). The City Council is not aware of any natural or scenic feature(s) that would be lost, damaged or destroyed by allowing this site to be annexed, zoned and developed. L. Is the proposed zoning amendment in the best interest of the City of Meridian. (Ord. 592, 11-17-1992)? In accordance with the findin'i!s listed above the Citv Council finds that the annexation/zonin'i! of this DrOlJertv as orooosed would not be in the best interest of the Citv. However the Citv Council finds that the Citv should annex and zone the 17.02 acres to R-4 as reauested. that the 5.53 acres vrODosed for R-8 zoninf! that contain sinf!le-familv homes on one-acre lots also be zoned to R-4 R-2' and that the 6.62 acres DrolJosed for R -15 zonin'i! be zoned to zoned L-Q for the western vortion containin'i! office uses and R-15 for the eastern Dortion containin'i! multi-familv dwellinf!s. Consistent with the ComDrehensive Plan and the findinf!s listed above the Citv Council believes that the above-listed zones are aVDroDriate for this DrOlJertv and zoninf! the DrODerties as amended would be in the best interest of the Citv. EXHIBIT H Westborough Square Subdivision PP-OS-020 Preliminary Plat Findings Meridian City Code (MCC) 12-3-3 J.2 and 12-3-5 D read as follows: "In determining the acceptance of a proposed subdivision, the Commission/Council shall consider the objectives of this title and at least the following: A. The conformance of the subdivision with the Comprehensive Development Plan; Please see Annexation and Zoning Analysis "A". B. The availability of public services to accommodate the proposed development; Please see Annexation and Zoning Analysis "G". C. The continuity of the proposed development with the capital improvement program; Because the developer will be required to install sewer, water, and utilities for the development at their cost, the City Council finds that a development on this property will not require the expenditure of capital improvement funds. D. The public financial capability of supporting services for the proposed development; See finding "G" under Annexation and Zoning Analysis, and the Agency Comments and Conditions. E. The other health, safety or environmental problems that may be brought to the Commission's attention. The City Council finds that there should not be any health, safety or environmental problems associated with this subdivision; no hazardous natural features have been identified on the site. ACHD considers road safety issues in their analysis. EXHIBIT I Westborough Square Subdivision CUP-OS-027 CUP/PD Findings The Commission and Council shall review the particular facts and circumstances of each proposed conditional use in tenus 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 aU yards, open spaces, parking, landscaping and other features as may be required by this ordinance; As part of the Planned Development (PD) the applicant is requesting relief from the standard street frontage requirement and to construct multiple structures on a single lot. The City Council finds that the subject property is large enough to accommodate the requested uses and all other required features. Although the site is large enough to accommodate all of the features required by ordinance, the applicant has asked, through the Planned Development, to modifY the specific development standards listed above. 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; Please see Annexation & Zoning Analysis "A". 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; Please see Annexation & Zoning Analysis "E". D. That the proposed use, if it complies with aU conditions of the approval imposed, will not adversely affect other property in the vicinity; Please see Annexation & Zoning Analysis "E" and "F". 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; Please see Almexation & Zoning Analysis "0" and "H", the Other Agency/Department Comments and Conditions at the end of this report, and any comments that may be submitted to the City Clerk regarding this 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; Please see Annexation & Zoning Analysis "H". 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; Please see Annexation and Zoning Analysis "I". 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; Please see Annexation & Zoning Analysis "J". I. 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. Please see Annexation & Zoning Analysis "K". August 12, 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT August 16,2005 ITEM NO. 5-H REQUEST Revised Amendment to Historic Preservation Consultant Agreement AGENCY COMMENTS CITY CLERK: See attached 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: EmaiJed: Date: Staff Initials: Phone: Materials presented at publiC meetings shall become property of the City of Meridian. RETISED AMENDMENT TO HISTORIC PRESERVATION CONSULTANT AGREEMENT The following is a revised addendum to that certain HISTORIC PRESER VA nON CONSULTANT AGREEMENT (this "Agreement"), entered into on the 18th day of December, 2004. This revised addendum replaces the previous amendment approved by City Council on June 21, 2005. This revised addendum is made and entered into this ~ day of A, ~ c+ . 2005) by and between CITY OF MERIDIAN, a municipal corporation 0 e State of Idaho, hereafter called "CITY', and EMIL Y PEESO, whose address is 6105 Kirkwood Road, Boise, Idaho, hereinafter referred to as "PEESO". CITY and PEESO agree to be bound by the terms of the original Historical Preservation Agreement, as described in Exhibit "A", except as specifically to the addition to Article 3. "Peeso; s Responsibilities" to include a Reconnaissance Survey of the City of Meridian including no less than 25 properties as follows: Responsibilities. Peeso)s work is to conduct a Reconnaissance Survey of the City of Meridian including no less than 25 properties, at a rate of $25 per hour. The survey area will start in the downtown blocks at the intersection of Main Street and Idaho Street. The work is to include a survey (survey forms, maps and photographs) and organization of the survey data (entering the hard data into an electronic database). The data collected, as directed by the Idaho SHPO, is to produce a list of potentially historically significant properties in the City of Meridian. The data collected is intended to help the Meridian City Planning Department as well as the Idaho SHPO. Deliverables. Peeso will compile the hard copy survey forms and photographs of each property in the survey area. There will also be a plat map outlining the boundaries of the survey area. The survey data will also be organized into an electric database to be distributed to the Meridian City Historic Preservation Committee and Planning Department and the Idaho SHPO. The final product will meet the standards outlined in the "Idaho Historic Sites Inventory Automated Database Manual for Instruction for Data J;ntry" and the "Idaho Historic Sites Inventory Manual" and consist of the following: A. Two complete sets of black and white photos properly labeled on the reverse B. Two copies of the Survey Data Sheet C. Two copies of the Inventory List D. Two electronic copies of the site forms E. Two electronic copies of the final survey report Reporting/Compensation. Peeso will submit an invoice/timesheet documenting her work in progress every two weeks, or as instructed by the Meridian HPC. The project is to average 1 0 hours per week for the period of the contract. At a rate of $25 per hour for approximately 150 hours, the direct compensation will total $3,750. Additional funds, not to exceed $100) shall be available to pay for required materials and processing. This AMENDMENT TO HISTORIC PRESERV ATION CONSULTANT AGREEMENT PAGE 1 OF 3 $3,850 amount is in addition to the amount contemplated by Section 2.1 of the Agreement. Upon completion) Peeso will repOlt the findings of the survey to the Meridian HPC. Timeline. The project is to start when the Amendment is approved by every involved party of the original contract. The project is to be complete by September 12, 2005 to allow time for the Meridian HPC to complete necessary papelWork for their submission by September 30,2005. All other provisions of the Agreement remain in effect. This addendum shall be effective as of the date herein above written. ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. BY, ~) EMILY PEESO Attest: CITY OF MERIDIAN BY:~ MAYORTAM deWEERD tPt'~~~ftl/, 67 u'ry t!Pwne-r.:e. $-/6- t7 S .........\\\~~ of M ~(I/////" ~' o~. fIPOR4 ~"~ .... ~^- f v \ AMENDI'v1ENT TO HISTORIC PRESERVATION CONSULTANT AGREEMENT PAGE 2 OF 3 STATE OF IDAHO : ss COUNTY OF ADA On !his tf~ day of '~it:1 tr , in the year 2005, before me, a Notary Public, personally app ared EMILY PEES 0, known or identified tgllmtlllJtg be the persons who executed the . that th9'~ifrE~lt4t~d the same. (y\~::~:~r %\ (SE\L) '.:-:.....,tOU ,O/o! \~~........~~..~ ~ ~""III'/~~11121!11\1\~\\\\\\\\\ STATE OF IDAHO : ss c.....--; otary Publi~or Id~ ~ [\ -esidingat: I J1e.r; ~~~CJ Commission expires: ~-I () - :JODI County of Ada ) On this~ day of (1L.( ,,(.>l , in the year 2005, before me, a Notary Public, personally appeared T:M de Weerd and William G. Berg, Jr., know or identified to me to be the Mayor and Clerk) respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. (SEAL) ~""';~~~.~"'",,#. .l~ \~..o......~~+~ f * l NOT-'I<tJ.o\'$. \ : : ....-.-. . : \ ~ \. ..6UBUC J '* j \~~~~~~!f~l:~..l Not~ Pub c for Idaho Res~din~t: JY/ f/" 'c//t{ 14 ~ .IJ&..tf..;:, Co~ sion expires: 0'1/ % 7 AMENDMENT TO HISTORIC PRESERVATION CONSULTANT AGREEMENT PAGE 3 OF 3 August 12, 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT August 16,2005 ITEM NO. 5-1 REQUEST Agreement for Construction Services with Walt Morrow Construction, Inc. 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: See attached Agreement fJv~,rJ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. AGREEMENT FOR CONSTRUCTION SERVICES THIS AGREEMENT, made this gt& day of ~ t- , 2005, by and between the City of Meridian) a municipal corporation organized under he laws of the State ofIdaho, hereinafter referred to as ItCITY", 33 EastIdaho Avenue, Meridian, Idaho 83642, and Walt Morrow Construction, Inc., hereinafter referred to as "Morrow", P.O. Box 770 Meridian, Idaho 83680, a corporation organized under the laws ofthe State ofIdaho. 1. Statement ofW ork: Morrow shall furnish the material and perform the work described herein for the consideration stipulated, and in compliance with State and City Codes. Morrow's bid, dated August 3) 2005 shall be considered the Statement of Work) attached hereto as exhibit "A" and incorporated herein. 2. Amount of Contract: Payment for the work performed as specified in the Statement of Work shall be in an amount not to exceed Four Thousand Two Hundred Dollars ($4)200.00) unless otherwise amended by written amendment to this agreement executed by both parties. Upon completion of the work) Morrow shall submit an invoice to City, which shall be processed and paid in the due course of City's business. 3. Term of Contract: The work to be performed under this contract shall commence immediately and shall be completed by September 1,2005, unless sooner completed) amended, or terminated as herein provided. 4. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: Meridian City 33 East Idaho Avenue Meridian) Idaho 83642 Walt Morrow Construction, Inc. P.O. Box 770 Meridian) Idaho 83680 5. Attornev Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys fees as determined by a Court of competent jurisdiction. 6. Compliance with Laws. In performing the scope of services required hereunder, Morrow shall secure and pay for any necessary permits, and shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 7. Chane:es: The City may) from time to time) request changes in the Scope of Work to be Agreement for Construction Services - 1 of 4 performed hereunder. Such changes, including any increase or decrease in Morrow"s compensation, which are mutually agreed upon by and between the City and Morrow, shall be incorporated in written amendments to this Agreement. 8. Termination for Cause: If, through any cause) Morrow shall fail to fulfill in a timely and proper manner its obligations under this Agreement, or if Morrow shall violate any of the covenants, agreements, or stipulations of this Agreement) the City shall thereupon have the right to terminate this Agreement by giving written notice to Morrow of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. If this agreement is terminated for cause Morrow shall be entitled to receive just and equitable compensation for any work satisfactorily completed hereunder. Notwithstanding the above, Morrow shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of this Agreement by Morrow) and the City may withhold any payments to Morrow for the purposes of set-off until such time as the exact amount of damages due the City .from Morrow is determined. This provision shall survive the termination of this agreement and shall not relieve Morrow of its liability to the City for damages, provided that the amount of such damages shall not exceed the total compensation provided for in section two of this agreement. 9. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. 10. Applicable Law. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 11. Approval Required. This Agreement shall not become effective or binding until approved by the City of Meridian. 12. Indemnification and Insurance: Morrow shall indemnify and save and hold harmless CITY from and for any and all losses) claims) actions, judgments for damages, or injury to persons or property and losses and expenses caused or incurred by Morrow., its servants, agents employees, guests) and business invitees, and not caused by or arising out of the tortious conduct of CITY or its employees. In addition, Morrow. shall maintain, and specifically agrees that it will maintain, throughout the term ofthis Agreement, liability insurance, in which the CITY shall be named an additional insured in the minimum amount as specified in the Idaho Tort Claims Act set forth in Title 6, Chapter 9 of the Idaho Code. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, Morrow covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims) actions, or judgments for damages or liability to persons or property. Morrow. shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing Morrow's compliance with the requirements of this paragraph and file such proof of insurance with the City. In the event the insurance minimums are changed, Morrow shall immediately submit proof of compliance with the changed limits. Agreement for Construction Services - 2 of 4 Additionally, Morrow shall maintain Workers Compensation Insurance regardless of the nwnber of employees) or lack thereof, in the statutory limits as required by law. It is mutually agreed and understood by the parties that Morrow and Morrows! employees, agents, servants, guests and business invitees, are acting as independent contractors and are in no way employees of the City. Evidence of all insurance shall be submitted to Meridian City Accounting, 33 East Idaho Avenue, Meridian, Idaho, 83642. IN WITNESS WHEREOF, the City and Morrow have executed this Agreement as ofthe date first above written. WALT~MORROW CONSTRUCTION, INe. ~ It/' (.?! <!fZ ./A.J r-' WALT MORRO , PRESIDENT CITY OF MERIDIAN Attest: BY:~ TAMMY de RD,MAYOR 6'J t/~ ~1Vnc;r;t B-/6-()S Agreement for Construction Services - 3 of 4 EXHIBIT "A" ST AEMENT OF WORK August 3, 2005 City Of Meridian 33 E. Idaho St. Meridian, ill 83642 Re: Tenant improvements to old Farmers & Merchants Bank building This bid includes the following items: 1) Wall patch in lobby area - north wall 2) Carpet allowance of$600.00 in space where teller lines were 3) Remove and replace 30 lineal feet of office divider walls 4) Two new office doors 5) One HY AC vent in the center office - south wall 6) Paint new office walls and patch area of lobby . Bid Total:...... ............ ............ ............. .................... ..$4,200.00 iu (~ IJte''/l-{c'JU/-- Walt Morrow Walt Morrow Construction mIE::;~IE rID Human Resources/Legal City of Meridian Agreement for Construction Services - 4 of 4 ACORD.. CERTIFICATFOF LIABILITY INSURANP~ CSR JE DATE (MMlDDIYYYY) WALTE-4 08 08 05 THIS CERTIFICATE ISolt:.$UED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Higgins & Rutledge Insurance P.O. Box 8567 Boise ID 83707 -2567 Phone~ 208-343-7741 Fax~208-343-9371 Cine: innat.i .Insuri.\nce Company INSURERS AFFORDING COVERAGE Walter Morrow Construction PO Box 770 Meridian ID 83680 COVERAGES (' ,,, rluL rHfj('(' THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ~~~~ TYPE OF INSURANCE POLICY NUMBER ~'1.'f~Y ~~DEJ=tWE PggC~~~~N I LIMITS LTR G'"'''' "",em I EACH OCCURRENCE 51,000,000 A X ~M"G'" G'"'''' ,."urr CPP0724433 07/29/05 07/29/06 PREMISES (Ea occurence) 5100,000 ClAIM5 MADE ~ OCCUR MED EXP (Anyone person) 55,000 PERSONAL'; ADV INJURY 51,000,000 GENERAL AGGREGATE 52,000,000 h POLICY n ~rc?T n LOC PRODUCTS. COMPIOP AGG 52,000,000 ~TOMOBILE LIABILITY COMBINED SINGLE LIMIT 51,000,000 A ANY AUTO CPA0724433 07/29/05 07/29/06 (Ea accident) _ ALL OWNED AUTOS BODilY INJURY 5 ~ SCHEDULED AUTOS (Per person) ~ HIRED AUTOS BOOll Y INJURY S ~ NON-OWNED AUTOS (Per accident] PROPERTY DAMAGE 5 (Per accident) c=jAGE LIABILITY AUTO ONLY - EA ACCIDENT 5 ANY AUTO ~J~6'6L~~~ EA ACC 5 AGG 5 EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE 5 ::::J OCCUR 0 CLAIMS MADE AGGREGATE S S ~ DEDUCTIBLE S RETENTION S S WORKERS COMPENSATION AND ITg~l(I~:f's I TO~ ER EMPLOYERS' LIABILITY E.L EACH ACCIDENT S ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L DISEASE - POLICY LIMIT S SPECIAL PROVISIONS below OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Re: Old Farmers & Merchants Bank Building. The City of Meridian is an Addi tional Insured regarding the above described proj ect as their interest may appear. CERTIFICATE HOLDER CANCELLATION CITMER1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL Ci ty of Meridian NOTICE TO THE CERTIFICATE HOLDER NAMED TOTHE LEFT, BUT FAILURE TO DO SO SHALL Attn: Will Berg 33 East Idaho Meridian ID 83642 ACORD 25 (2001/OB) @ACORD CORPORATION 19BB August 12, 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT August 1 6, 2005 ITEM NO. 5-J REQUEST License Agreement with Nampa & Meridian Irrigation District for Castlebrook Subdivision No.4 & 5 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: COMMENTS See attached ~ rf,y/ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the CIty of Meridian. RINGERT CLARK CHARTERED LAWYERS August 3, 2005 Laura E. Burri Jeffrey R. Christenson David P. Claiborne D. Blair Clark S. Bryce Farris David HammerquiSl Charies L. Honsinger James P. Kaufman Jennifer Reid Mahoney James G. Reid Daniel v. Steenson Allyn L. Sweeney William F. Ringer!. of Counsel Samuel Kaufman (I 921-1 986) Chad Kinkela Bailey Engineering, Inc. 1500 E. Iron Eagle Drive Eagle, ID 83616 Attn: AJ Lopez Re: Request for License Agreement with Nampa & Meridian Irrigation District for Castlebrook Subdivision Nos. 4 and 5. Dear Chad: Enclosed for review and signature are duplicate originals of the License Agreement with the City of Meridian for the pathway. The City will need to execute the Agreement for the pathway. Please submit both originals to the City of Meridian as the Agreement must be signed and notarized as indicated. Do not date page one of the agreement. Please return the executed originals to me by August 11, 2005. I will submit the agreement along with the executed duplicate originals of the License Agreement with Liberty Development, Inc. which I have already received, to the District's Board of Directors for approval and signature at the Board's next meeting on August 12, 2005. The District will then have its originals recorded and return your originals to you with a bill for our services in preparing the agreement and the recording fees. Please contact me if you have any questions. ~~:;;?erY truly, ~ .~.;~~ ~ /i." S. Bryce Farris Enclosures 455 South Third Street . P.O. Box 2773 . Boise, Idaho 8370 I . 208/342-459 J FAX 342-4657 $iley Engineering,lnc. CIVIL ENGINEERINGIPLANNINGICADD To: Meridian City Clerk From: A.J. Lopez Tara Via: D Pick up by D Fleet Street D U.S. Postal 1ZJ Other VW Date: August 11, 2005 Re: Castlebrook No.4 & 5 Attached: . License Agreement for the pathway in Castlebrook 4 & 5 Comments: Thanks Tara! Aj Received by: Mileage: Start End 1500 E. Iron Eagle Drive + Eagle, Idaho 83616 + Tel.: 208-938-0013 . Fax: 208-938-0516 www.baileyengineers.com August 12, 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT August 16,2005 ITEM NO. 5-K REQUEST Change Order No. 1 IFinal) for WWTP Headworks with Ewing Company 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: See attached (A;~~ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. August 12,2005 MERIDIAN CITY COUNCIL MEETING APPLICANT August 16, 2005 ITEM NO. 5-L REQUEST Resolution - Adopting Mayor's Youth Advisory Council Resolution No.1 Supporting the Efforts of the Bluepring for Good Growth and Encouraging the Meridian City Council to develop a Comprehensive Plan for Sustainable Growth 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: COMMENTS See attached Resolution (lvP' ()JfP 4'0 V rgr;/ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetIngs shalf become property of the City of MeridIan. CITY OF MERIDIAN RESOLUTION NO. tJ15 - 4-82-- BY THE CITY COUNCIL: BIRD, DONNELL, ROUNTREE, WARDLE A RESOLUTION ADOPTING THE MAYOR'S YOUTH ADVISORY COUNCIL RESOLUTION NO.1 SUPPORTING THE EFFORTS OF THE "BLUEPRINT FOR GOOD GROWTH", AND ENCOURAGING THE MERIDIAN CITY COUNCIL TO DEVELOP A COMPREHENSIVE PLAN FOR SUSTAINABLE GROWTH; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, it is in the best interest of the City of Meridian to adopt the Mayor's Youth Advisory Council of the City of Meridian's Resolution No.1 supporting the "Blueprint for Good Growth" and encouraging the City Council to develop a comprehensive plan for sustainable growth; and r -//- WHEREAS, on the ~day of ~ ) 2005) the Mayor's Youth Advisory Council prepared and adopted Resolution No.1, as attached Exhibit "A", to support the efforts ofthe "Blueprint for Good Growth" and encouraging the City Council to develop a comprehensive plan for sustainable growth. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. The City Council ofthe City of Meridian has adopted the Mayor's Youth Advisory Councirs Resolution No.1 supporting efforts of the "Blueprint for Good Growth", and encouraging the City Council to develop a comprehensive plan for sustainable growth attached as exhibit "A". RESOLUTION ADOPTING THE MAYOR'S YOUTH ADVISORY COUNCIL RESOLUTION NO.1 SUPPORTING THE "BLUEPRINT FOR GOOD GROWTH" Page 1 of 2 Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of Meridian, Idaho Ibt5- dayof !ht-/ju.fr ,2005. (/ APPROVED by the Mayor ofthe City of Meridian, Idaho) this 16 -f5 day of ~cf 1- ,2005. APPROVED: """""""'" ~ ,-.",~\; Of ME~$~:I',,/ / ,-. ~(' . <l~~ j....... c) I' rfj'f-POR.q ~ k, ~ OR i ~ 6 1 STATE OF IDAHO) County of Ada, On this I~-I'" day of Ita a.sf- ,2005, before me) the undersigned, a Notary Public in and for said State, persgnallY appeared TAMMY de WEERD and WILLIAM G. BERG, JR.) known or identified to me to be the Mayor and City Clerk, respectively, for the City of Meridian, and the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same on behalf ofthe City of Meridian. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) ,~.~","II"'f'ffff#. "".... j\,\CE L. 8.1_".... l ~~........::~~ \ f *' 1\OTJtJ?)._ \~ \ ~ t -.... l ~ \(/~.\.PUBL1C./ .. ........;~ ;~~"$"""'~O "",.1 ""'fff, 0 F 11) ~\,.." fff..IIU""~ A~ ,4~ No}ary Pu9'1ic for Idaho RdsidingAit: fJ1~r/Jr'r.tt' :;:;tJtc M~C9tDmission Expires: ~ RESOLUTION ADOPTING THE MAYOR'S YOUTH ADVISORY COUNCIL RESOLUTION NO.1 SUPPORTING THE "BLUEPRINT FOR GOOD GROWTH" Page 2 of2 MAYOR'S YOUTH ADVISORY COUNCIL RESOLUTION NO.1 BY THE MAYOR'S YOUTH ADVISORY COUNCIL: BURROUGHS, BUTTARS, DAROSA, DENNY, DE WEERD, FERGUSON, KARDASR, KONOPACKY, LAWRENCE, MARTIN, NIELSON, OSBORNE, SEEGMILLER, SIDGENO, YAGUES A RESOLUTION TO THE MERIDIAN CITY COUNCIL AND THE STEERING COMl\1ITTEE OF THE "BLUEPRINT FOR GOOD GROWTH", STATING THE YOUTH COUNCIL'S SUPPORT FOR THE EFFORTS OF THE "BLUEPRINT FOR GOOD GROWTH", AND ENCOURAGE THE CI TY COUNCIL TO DEVELOP A COMPREHENSIVE PLAN FOR SUSTAINABLE GROWTH. WHEREAS, from 1990 to 2003 the population of the City of Meridian increased by over 400%; and WHEREAS, explosive growth places a major strain on the city's roadways, public services, and schools; and WHEREAS, a large amount of undeveloped farmland in the City of Meridian has been turned into low-density residential housing over the past decade; and WHEREAS) the laws of the State ofIdaho currently place severe restrictions on the ability of localities to control growth and development; and WHEREAS, the City of Meridian needs to prepare for more growth, and plan for it in such a manner so that the impact on schools, transit, and public services will be minimal; and WHEREAS, the "Blueprint for Good Growth" is a joint project of Ada County, the Ada County Highway District, the Idaho Transportation Department, and the cities of Boise, Meridian, Kuna, Eagle) Star, and Garden City; and WHEREAS, the "Blue for Good Growth" is currently developing a comprehensive plan for sustainable growth in the Treasure Valley; and WHEREAS) this plan will be beneficial to helping the City of Meridian grow in an intelligent and responsible manner without negatively impacting its citizens; and NOW THEREFORE, BE IT RESOLVED BY THE MAYOR'S YOUTH ADVISORY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: MY AC Blueprint for Good Growth Resolution No.1 Page 1 of3 Section 1. That the Mayor's Youth Advisory Council ofthe City of Meridian, Idaho supports the actions of the "Blueprint for Good Growth" in its efforts to develop a comprehensive plan for sustainable growth in the Treasure Valley. Section 2. That the Mayor's Youth Advisory Council ofthe City of Meridian, Idaho believes that future growth should be responsibly managed in a way which positively, rather than negatively, impacts the lives of the citizens of the City of Meridian. Section 3. That the Mayor Youth Advisory Council of the City of Meridian, Idaho recognizes that Idaho law is prohibitively restrictive in allowing localities to determine the pace of growth and development. Section 4. That the City Council of the City of Meridian, Idaho is hereby encouraged to follow the growth plan which shall be adopted by the "Blueprint for Good Growth" . Section 5. That despite the restrictions set by Idaho law, the City Council is hereby encouraged to promote sustainability in managing Meridian's future growth, and services, and transit systems to be negatively impacted. Section 6. That a copy of this resolution shall be submitted to the members ofthe Meridian City Council, and to the steering committee of the "Blueprint for Good Growth') . Section 7. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the Mayor's Youth Advisory Council of the City of Meridian, Idaho this ~ day of fJ1 (A . 2005. MY AC Blueprint for Good Growth Resolution NO.1 Page 2 of3 at. ~~ Jake Burroughs Ji; :HfL cDaJr:l1L Gina Darosa U;~~~ 4b-~ Andrew Ko ~~ ~A-Th9 Kate Martin -f~ Trevor Osborne ~~tl~ oAnne de Weerd ~f~ I' ..' :!,:- ;.. t ....... Ben rs (I4~.S~ Matthew Denney ()l2.\Afi ~-d.o....c.,.~ Olena Kardash /..- / -r'-~ 7...... ,k..-r .~4"'",~_. ~'?r-'Yv----' /' Daflas Tyler la nee ~ ~ft<J,'A kL., Dannika Nierson Ii dd'~k" I _ liLZUit W',cf~l1'(;1r[ ;Il J v eaItlin 5eegm I ~~ Brian Yag~ r ~ MY AC Blueprint for Good Growth Resolution NO.1 Page 3 of3 August 12, 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT Brighton Investments, LLC V AC 05-006 August 1 6, 2005 ITEM NO. 5-M REQUEST Resolution - Request for a Vacation of a private road known as East Herons Crossing Lane and Meridian City Sanitary Sewer Easement for Quenzer Commons Subdivision No.9 - west of North Locust Grove Road and north of East Ustick Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: 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: COMMENTS See attached Resolution <Ii--- ~ 4'03 eG/ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. ADA COUNTY RECORDER J. DAVID NAVARRO BOISE IDAHO 08/17/05 10:47 AM DEPUTY Bonnie Oberbillig RECORDED-REQUEST OF Meridian City AMOUNT .00 11I1111111I1111111111 ![ 11111111I11111 105115816 CITY OF MERIDIAN RESOLUTION NO. () 5" - 1-B3 BY THE CITY COUNCIL: BIRD, DONNELL, ROUNTREE, WARDLE A RESOLUTION VACATING A PRIVATE ROAD KNOWN AS E. HERONS CROSSINGS LANE AND A PORTION OF THE MERIDIAN CITY SANITARY SEWER EASTMENT LOCATED ON THE WEST SIDE OF LOCUST GROVE ROAD, Y; MILE NORTH OF E. US TICK ROAD, IN THE SE ~ OF SECTION 31, TOWNSHIP 4 NORTH, RANGE 1 EAST, BOISE MERICIAN, CITY OF MERIDIAN, ADA COUNTY, STATE OF IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS) on August 9, 2005, the City Council of Meridian, held a hearing on the vacation of a portion of a private road known as E. Herons Crossings Lane, and a portion of the Meridian City sanitary sewer easement located on the west side ofN. Locust Grove Road, Y2 mile north ofE. Ustick Road) in the SE Y4 of Section 31, Township 4 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, State of Idaho, and WHEREAS, after such hearing, the City Council, by formal motion, did approve said described vacation; and NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That a portion of a private road known as E. Herons Crossings Lane, and a portion of the Meridian City sanitary sewer easement located on the west side ofN. VACATION OF PRN ATE ROAD KNOWN AS E. HERONS CROSSING LANE & MERIDIAN CITY SANITARY SEWER EASEMENT -QUENZER COMMONS NO.9 Page 1 of2 Locust Grove Road, Y; mile north of E. Ustick Road, in the SE 14 of Section 31, Township 4 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, State of Idaho is hereby vacated. Copies of the necessary relinquishments are attached as Exhibit "A". Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this !" -If day of ~J" f ,2005. STATE OF IDAHO, ) ) ss County of Ada ) On this /6 +-" day of 4uft .~i- ,2005, hefore me, the undersigned, a Notary Public in and for said Sta. , 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. ~"",~~' ~I "':;;;;~~####. (SEAL) :-..~~~..ot'.t.,o"Q<J:~~\ ! l ~OTA1(J "\ \ ( ; "* ! _.- : * s MY OMMISSION EXPIRES: ~7 \ \ PUB\.;\C..l j ~ fP .0 0 ->0 ~ V ACA TION..ti#~~~An KNOWN AS E. HERONS CROSSING LANE & MERIDIAN CITY SANITARY SEWER EASEMENT-QUENZER COMMONS NO.9 Page 2 of2 Engineering North West, LLC 423 N. Ancestor Place, Suite 180 Boise, Idaho 83704 (208) 376-5000 II Fax (208) 376-5556 Project No. 05-017-01 Date: May 25,2005 QUENZER COMMONS SUBDIVISION SEWER TRUNKLINE EASEMENT VACATION DESCRIPTION An easement being that easement as described in Meridian City Right-of-Way Contract recorded as Instrument Number 101067087 of Ada County Records, located in the N 112 of the SE 1/4 of Section 31, T. 4 N., R. 1 E., B.M., Meridian, Ada County, Idaho, more particularly described as follows: Being the North 20.00 feet of the Southeast Quarter of said Section 31. The easement described contains 1.21 acres more or Jess. PREPARED BY: Engineering NorthWest, LLC James R. Washburn, PLS Quenzer Commons Sewer Ease. Vacation Desc.doc Page 1 of I (" Engineering North West, LLC 423 N. Ancestor Place, Suite 180 Boise, Idaho 83704 (208) 376.5000 0 Fax (208) 376.5556 Project No. 05-017-01 Date: May 25,2005 QUENZER COMMONS SUBDIVISION PRIVATE ROAD VACATION DESCRIPTION A Private Road known as Herons Crossing Lane, Ada County designation 84-17-PR, located in the NE 1/4 of the SE 1/4 of Section 31, T. 4 N., R. 1 E., B.M., Meridian, Ada County, Idaho, more particularly described as follows: Being the North 30.00 feet of the Northeast Quarter of the Southeast Quarter of said Section 31. The Private Road described contains 0.91 acres more or less. PREPARED BY: Engineering NorthWest, LLC James R. Washburn, PLS Quenzer Commons Private Road VacatiOll Desc.doc Page 1 of 1 August 12, 2005 MERIDIAN CITY COUNCIL MEETING August 16, 2005 APPLICANT Dennis Kelley and Walter Sigmont ITEM NO. V AC 05-007 5-N REQUEST Resolution - Request for a Vacation of a portion of the lO-foot wide easement centered on the interior common lot line of Lots 1 and 2, Block 2, Olson and Bush Industrial Park Subdivision - 3131 East Lanark Street 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: COMMENTS See attached Resolution vJl ()rr A'0k f)5/ Contacted: Emajled: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 BOISE IDAHO 08117105 10:47 AM DEPUTY Bonnie Oberbillig 1111111111I11111111111111111111111111 ~;~i~~~Eg~REQUEST OF 105115817 CITY OF MERIDIAN RESOLUTION NO. tJ~-4-$4- BY THE CITY COUNCIL: BIRD, DONNELL, ROUNTREE, WARDLE A RESOLUTION VACATING A PORTION OF THE PLATTED EASEMENT ON LOTS 1 AND 2, BLOCK 2 OF THE OLSON AND BUSH INDUSTRIAL PARK SUBDIVISION, LOCATED IN A PORTION OF THE SOUTHEAST % OF THE SOUTHEAST %, SECTION 8, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERICIAN, CITY OF MERIDIAN, ADA COUNTY, STATE OF IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on August 9, 2005, the City Council of Meridian) held a hearing on the vacation of a portion ofthe platted easement on Lots 1 and 2, Block 2 of the Olson and Bush Industrial Park Subdivision, located in a portion of the Southeast 1;4 of the Southeast ~, Section 8, Township 3 North) Range 1 East, Boise Meridian) City of Meridian) Ada County, State of Idaho, and WHEREAS) after such hearing, the City Council) by formal motion) did approve said described vacation; and NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That a portion of the platted easement on Lots 1 and 2, Block 2 of the Olson and Bush Industrial Park Subdivision, located in a portion ofthe Southeast ~ of the Southeast 'l4, Section 8, Township 3 North, Range 1 East, Boise Meridian) City of V ACA TION OF PLATTED EASEMENT OLSON & BUSH INDUSTRIAL PARK Page 1 of2 Meridian, Ada County) State of Idaho is hereby vacated. Copies of the necessary relinquishments are attached as Exhibit HA". Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this ! 6~ day of ~t4--<f1- .2005. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this /6 -/fJ day of /l-h q uf I- ,2005. (/ /'~~'~~~ ATTEST: /' c}~~p~~~ % ... ~- 0 _ Jf#--A.~,(4 SEAL 1 CITY CLERK v t 7: -y~~ "'#. 0 f \///~ 118\' \()'t(-":;::,,/ '/III,~T'{ , 1111\\'" IIIIUIIII\II\\ STATE OF IDAHO, ) ) ss ) County of Ada i +,t.... A On this -L day of ~ (..t -;;.+ , 2005) before me, the undersigned, a Notary Public in and for said State) personally appeared TAMMY de WEERD and WILLIAM G. BERG, JR., lrnown to me to be the Mayor and City Clerk) respectively) of the CITY of Meridian, Idaho, and who executed the within instrument, and aclrnowledged 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. ~~...,. ......."f., .,,~,'~~\~!,;.~4,;~"~.. .~ ...... 00 o. ....~ 0:- f fO ~OTA~.r \. \ : * i -.- : * s \. fP.\, .(JUBL1C 01 l ~......~ ;<tc","""<t~.OOt:~~,,,.l ...,~.~.~. a1.~.~~"", VACATION OF PLATTED EASEMENT OLSON & BUSH INDUSTRIAL PARK Page 20f2 (SEAL) A~~ ~pTARV PUBLIC FOR .ID~O KhSIDrNG AT: J11e,IJ /6- h. ~~6MMISSION EXPIRES: ~7 LANARK PROPOSED EASEMENT VACATION DESCRIPTION A PORTION OF THE PLATTED EASEMENT ON LOTS 1 AND 2,BlOCK 2 OF THE OLSON AND BUSH INDUSTRIAL PARK SUBDIVISION, LOCATED IN A PORTION OF THE SOUTHEAST % OF THE SOUTHEAST %, SECTION 8, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, CITY OF MERIDIAN, AOA COUNTY, IDAHO A Portion of the Platted Easement on Lots 1 and 2, Block 2 of the Olson and Bush Industrial Park Subdivision, Located in a portion of the Southeast % of the Southeast 1/4, Section 8, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, more particularly described as follows; Beginning at the Northerly corner common to said Lots 1 and 2, from which the Southerly corner common to said Lots bears South 01028'08" West, a distance of 274.92 feet; thence along the common boundary line of said Lots, South 01028'08" West, a distance of 10.00 feet to the TRUE POINT OF BEGINNING; thence South 88028'08" East, a distance of 5.00 feet to a point; thence South 01028'08" West, a distance of 254.92 feet to a point; thence North 88028'17" West, a distance of 10.00 feet to a point; thence North 01028'08" East a distance of 254.92 feet to a point; thence South 88028'08" East, a distance of 5.00 feet to the TRUE POINT OF BEGINNING. Containing 2,549 square feet, 0.058 acres, more or less. END OF DESCRIPTION Fox Land Surveys, Inc. Timothy J. Fox, PLS 7612 T JF:taj W:\PROJECTSUOO5\05.004.PRJ\PROJECTIDESCRJP110NS\504 EsmtTBV DESC.doc ~~ 11 o x r )> z o y> U) ::j ~ ~ ~"--. - - - /V 0) (0 < rrl -< (f)Ul ~ t (f) ^ Z~ O~ ~ - g (/) 13 - 0 ~ U) ex> ~ EAGLE 0 a ()) 0-0 ~~ i!g 52~ -10 3!?C ~o r 0> "P~ ~~ ~~ ~~ U)~ . - . - . -~~ . -./g ~ 111 )> (f) rrt ~ rrI Z -I (f) ^ 111 -I o I V AC 05-008 August 12, 2005 MERIDIAN CITY COUNCIL MEETING August 16, 2005 APPLICANT Franklin / Stratford Investments, LLC ITEM NO. 5-0 REQUEST Resolution - Request for a vacation of platted utiliiy easements of Lots 16, 17,21-27, Block 2 of Honor Park Subdivision No.3 - south of East Franklin Road and west of Stratford Drive 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: COMMENTS See attached Resolution vP f), ~ ()frru 00 )t71 Contacted: EmaiJed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. ADA COUNTY RECORDER J. DAVID NAVARRO BOISE IDAHO 08/17/05 10:47 AM DEPUTY Bonnie Oberbillig RECORDED - REQUEST OF Meridian City AMOUNT .00 1111111111I11111111111111111111111111 105115818 CITY OF MERIDIAN RESOLUTION NO. () ~ -- ttf g ~ BY THE CITY COUNCIL: BIRD, DONNELL, ROUNTREE, WARDLE A RESOLUTION VACATING A PORTION OF THE UTILITY EASEMENT LOCATED IN LOTS 16,17,21-27, BLOCK 2 OF HONOR PARK SUBDIVISION NO. 3, LYING IN THE NW 1f4 OF SECTION 18, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERICIAN, CITY OF MERIDIAN, ADA COUNTY, STATE OF IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on August 9,2005, the City Council of Meridian, held a hearing on the vacation of a portion of the utility easement located in Lots 16) 17,21-27, Block 2 of Honor Park Subdivision No.3) lying in the NW Y4 of Section 18, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County) State ofIdaho, and WHEREAS, after such hearing) the City Council, by formal motion) did approve said described vacation; and NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That a portion of the utility easement located in Lots 16, 17, 21-27, Block 2 of Honor Park Subdivision No.3, lying in the NW 14 of Section 18) Township 3 North, Range 1 East, Boise Meridian, City of Meridian) Ada County, State ofIdaho is hereby vacated. Copies of the necessary relinquishments are attached as Exhibit "A". V ACA nON OF UTILITY EASEMENT IN HONOR PARK SUBDIVISION NO.3 Page I of2 Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this ~ day of ~~J I- , 2005. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 161JJ day of ~;U.r.f ,2005. STATE OF IDAHO, ) ) ss County of Ada ) On this ~ day of ~~ f- ) 2005, before me, the undersigned, a Notary Public in and for said Stat , 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. ,.~",~;~I~~I';I'I'..#. .i' :..............~,,~ i", : *" l NO]' ".,~ ~ (SEAL) ~ i ......~~J- ~ ~ ~ \ ~ \,,~UbLIC i ~ ! ..<.~~.:~!:!.?~~....l ~~4J t-}6T AJyY PUBLIC FOR IDAHO RESIDING AT: ;rl t'rhjJ:tl.. .:iJ_A1w r&nrASOMMISSION EXPIRES: ~ V ACA nON OF UTILITY EASEMENT IN HONOR PARK SUBDIVISION NO.3 Page 2 of2 EASEMENT V ACA TION EXHIBIT FOR HONOR PARK SUBDIVISION NO.3 LOTS 16,17,2"1-27 OF HONOR PARK SUBDIVISION No.3 LYING IN THE NW 1/4 OF SECTION 18, T.3N., R.IE" B.M., CITY OF MERIDIAN, ADA COUNTY IDAHO 27 EASEMENT SYMBOLS, II IllRIGATION ~AS~l'I~NT I' Ci I r~:lIIurJ'~cA~L1TI~S, (I TO R~I\A1N I ~ ----------- :=F~~;~--;r~~~~~-~~~-t~~~~~~-:~~~-~-~-~~~-,i ~i ~._" ~! ~;~ 23 I: i ~Wt!h';~~1 i! 2 I ii I il__ ---~~U ~. SCENERY LANE (PRIVATE:) I - --~" ,....---..---r------- ---- - --- -- -'I J 1 !: ~~~~;~~f f:~~~~t! J II i lr i 11 : II : II I II I IJ .----- --- - -.. - ---- ----___L~----------_______JI r r - -11; p-;;:jC UTILlTI~S. i )1 I I J ~~1ir:r~U~~~MENT : 11 , 'j TO R~/V.W \ ! \ 20' "'~RlotAN 4~1 r 16 \ l \ ~:~~::~/f~~~MA~ I \ i \ : riO' PUBLIC UTILITIES. I \ [ ] ~~lIIt~~~ ~S~M~t!T ! \ 11- - '-~~:~HTLLi:R-CA-N1-------- \ ~TE) -- TO BE VACATf:D I / ~ TO REMAIN .N: 70 140 280 I 20' MERIDIAN SANITARY SEWER ~AS~I\ENT Tf REMAIN rm----y----- SCALE IN FEET I" :;; 140' August 12, 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT Paramount Development, Inc. V AC 05-009 August 16, 2005 ITEM NO. 5-P REQUEST Resolution - Request for a Vacation of the public utility easement on Lot 8, Block 20 of Paramount Subdivision No.4 - south of Chinden Boulevard and west of Meridian Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPr: 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: COMMENTS See attached Resolution ,.~.,.u h Iflrl o~/4il Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of MeridIan. ADA COUNTY RECORDER J. DAVID NAVARRO BOISE IDAHO 08/17/05 10:47 AM DEPUTY Bonnie Oberbillig RECORDED-REQUEST OF Meridian City AMOUNT .00 1111111111111111111111111111111111111 105115819 CITY OF MERIDIAN RESOLUTION NO. ()S--4-86 BY THE CITY COUNCIL: BIRD, DONNELL, ROUNTREE, WARDLE A RESOLUTION VACATING A PORTION OF THE UTILITY EASEMENT LOCATED IN LOT 8, BLOCK 20 OF PARAMOUNT SUBDIVISION NO. 4, LYING IN THE N ~ OF SECTION 25, TOWNSHIP 4 NORTH, RANGE 1 WEST, CITY OF MERIDIAN, ADA COUNTY, STATE OF IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS) on August 9, 2005, the City Council of Meridian, held a hearing on the vacation of a portion of the utility easement located in Lot 8, Block 20 of Paramount Subdivision No.4, lying in the N 12 of Section 25) Township 4 North, Range 1 West) City of Meridian, Ada County, State of Idaho, and WHEREAS, after such hearing, the City Council, by formal motion) did approve said described vacation; and NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That a portion of the utility easement located in Lot 8, Block 20 of Paramount Subdivision No.4, lying in the N 12 of Section 25, Township 4 North, Range 1 West, City of Meridian) Ada County, State ofIdaho is hereby vacated. Copies of the necessary relinquishments are attached as Exhibit "N). VACATION OF UTILITY EASEMENT IN PARAMOUNT SUBDIVISION NO.5 Page 1 of2 Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this ~ day of ItujuJ I- ,2005. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this ! 6 It- day of !fvr.,?.f .r , 2005. ATTEST: STATE OF IDAHO, ) ) ss County of Ada ) On this ~ day of A"L&l.l5+- ,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) ~"~~",,t;~~ ~I~.~~~",...... .l :~...._....{~ J\ f '1(- f 1'lOT-1~ \~ ~ s :.p ......_ J. i : \~\ vBLIe ,/ "J('j \;>~~~~..........~ ~.1 ......,..., (j F ID p.... ~ ""~,,.... V ACA nON OF UTi1:ffY'~ASEMENT IN PARAMOUNT SUBDIVISION NO.5 Page 2 of2 1'f' T A Y PUBLIC FOR IDAHO RES ING AT: Merid,' IU< l.::J;Lrk 14- COMMISSION EXPIRES: (Ill /.:uJ)D7 Engineering North West, LLC 423 N. Ancestor Place, Suite 180 Boise, Idaho 83704 (208) 376-5000 . Fax (208) 376-5556 Project No. 04-044-01 Date: June 7, 2005 PARAMOUNT SUBDIVISION NO.5 UTILITY EASEMENT VACATION DESCRIPTION An easement located in Lot 8, Block 20 of Paramount Subdivision No.4, lying in the N 1/2 of Section 25, T. 4 N., R. 1 W., B.M., Meridian, Ada County, Idaho, more particularly described as follows: Being the 5.00 foot wide public utilities, property drainage and irrigation easement on the northerly boundary line of Lot 8, Block 20 of Paramount Subdivision No.4, as same is shown on the Plat thereof recorded in Book 90 of Plats at Page 10,478 of Ada County Records, excepting there from the 10.00 foot wide utilities easement on the east and west sides of said Lot 8. PREPARED BY: Engineering NorthWest, LLC James R. Washburn, PLS Paramount Sub No.5 Utility Ease Vacation Desc.doc Page I of I August 12, 2005 Department Reports MERIDIAN CITY COUNCIL MEETING August 16, 2005 APPLICANT P&Z Department - Anna Canning ITEM NO. 6-8-1 REQUEST Request for Waiver of Fence Waiver Application Fees for Ryan Warwick 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: COMMENTS See attached .~~~ /)Jf'r VV~ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. -... . . .. '''' . Memo To: Mayor and City Council From: Brad Hawkins-Clark ~\\L cc: Anna Canning Date: August 9, 2005 Re: Request for Waiver of Fence Waiver Application - Ryan Warwick Attached is a request from Ryan Warwick for a waiver of the $50.00 application fee for a Fence Waiver Application. The application pertains to a side yard fence at 2642 N. Lapis Avenue in Packard Acres Subdivision NO.2. The Zoning Ordinance does not grant the Zoning Administrator the authority to waive application fees; only City Council has this ability. The application was submitted to the P&Z Department at the request of the Code Enforcement Office in the Police Department. Joe Venneman, Code Enforcement Officer, responded to a complaint about the fence, located near the northwest comer of Wingate Lane and E. Challis Street. He found the 6-foot solid fence was constructed approximately 1 % feet into the required 20-foot fence setback. The fence was constructed with a valid permit and was inspected and approved by the Building Department in October 2004. Mr. Warwick purchased the property after the fence was constructed and was not aware of any violations. Since Mr. Warwick is submitting the Fence Waiver Application at the request of the City and the fence construction was approved by the Building Department, staff beHeves the fee waiver is justified. AUG-08-2005 16: 31 FROM: TO: 8886854 \ P.2/2 August 8,2005 Brad Hawkins.Clark City of Meridian Planning and Zoning Dept. Dear Brad, Please accept this leLler as authorization to pm my request to have the fee waived on our: fence variance application onto a funlre City Cowlcil agenda. This is in regard to th(~ complaint received on th(~ fence for the address of 2642 N. Lapis Ave. in the Packard Estates subdivision. Please feel free to call if you have further questi()lls. ~ ~-----=-- Ryan Warwick 859"4498 August 12, 2005 Department Reports MERIDIAN CITY COUNCIL MEETING August 16, 2005 APPLICANT Parks & Rec Department - Doug Strong ITEM NO. 6-C-l REQUEST Update on Messina Meadows Parks and Recreation Decision 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 DEfT: 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: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of MeridIan. Meridian Parks & RecreaUon Memo To: Mayor and City Council CC: Will Berg . l\0-u4~'1i Doug Strong, DIrector / U ~ ~ August 11 , 2005 From: Date: Re: Messina Meadows Subdivision Park During the August 10, 2005 Parks and Recreation Commission meeting the commission resolved their concerns of drainage and the quality of land after a lengthily discussion with Kent Brown and Greg Johnson. The commission has approved to accept the park site within the Messina Meadows Subdivision as a city neighborhood park. The Parks and Recreation Commission are recommending City Council to approve the park site as a city neighborhood park. The supporting documentation is attached. Page 1 dvG;;dkrn .&~ \ ~, In,llle> } ~ill STAFF SUMMARY OF PARKS AN D RECREA nON COM MISSION RECOMMENDATION TO CITY COUNCIL Project Name: ~~ ~S ~ I Park: ~-oJ:)\5L ~ \DLk~ ~~\N\QWJ7ws Applicant: M ~\'\)~ C91",~ ~kll\S-0~ P&R Commission Meeting Date: ~ -I b ... D s: Recommendation: f{\~ ~ \i0di, ~-~ r-J 6.b Summary of Public Hearing:. \ L ~,. . ~ ~ [, A' t l " · t;~ W\..;'QS\ ,~ ~ ~~ ~~~. ~~~ . Key cO:l\U fu~~a~L. \vj' v\P ~ \iliJk ~~0D~ (~JJr-.-~ t Outstanding Issues for City Council: . APPROVED: V~ ~~x::SlD[\ll ) An ee Stockton, President ~~~ Bud Porter, Vice President August 12, 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT Ruth and Jeff Ulmer RZ 05-007 August 16, 2005 ITEM NO. 26 REQUEST Ordinance - Request for a Rezone of 0.13 acres from R-8 zone to O-T zone for Meridian Counseling Wellness Center- 934 East 5th Street 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: ~u:\\r\ \ 1 \ fC\...t0l Date: ~'IS \ C?..:..\ \ Phone: EmaUed: n \ itI. , \ mey@ ctJ I)oM\-- nt".\ Staff Initial~ Materials presented at public meetings shall become property of the City of Meridian. COMMENTS See attached /" ~ l1o/ J;l1" """ 0 ~ / 1 ()f ~ ( ADA COUNTY RECORDER J. DAVID NAVARRo BOISE IDAHO 08/17/05 10:47 AM DEPUTY Bonnie Oberbillig RECORDED - REQUEST OF Meridian City AMOUNT .00 111111111I111111111111111111111111111 105115820 CITY OF MERIDIAN ORDINANCE NO. {) 5- / / 7 ~ BY THE CITY COUNCIL: BIRD, DONNELL, ROUNTREE, WARDLE AN ORDINANCE FINDING THAT RUTH AND JEFF ULMER, THE OWNERS OF CERTAIN REAL PROPERTY HAVE MADE A WRITTEN REQUEST FOR REZONE OF THE ZONING CLASSIFICATION (RZ-05-002 - MERIDIAN COUNSELING AND WELLNESS CENTER) FOR REAL PROPERTY LOCATED ON A PARCEL OF LAND BEING THE N ~ OF LOTS 7 AND 8, BLOCK 1, COTTAGE HOME ADDITION, AS RECORDED IN BOOK 1 OF PLATS AT PAGES 42, RECORDS OF ADA COUNTY, IDAHO AND LYING IN THE NW 'l4 OF SECTION 7, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE 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 O-T (OLD TOWN) 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: Ruth & Jeff Ulmer. SECTION 2. That the above-described real property is hereby rezoned from R-8 to 0- T (Old Town) in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State ofIdaho, 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 ofthe State ofIdaho, and the Ordinances of the City of Meridian re-zone said property. RE-ZONE OF RZ-05-002 MERIDIAN COUNSELING & WELLNESS CENTER- Page 1 of3 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. 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 (1) of the Members ofthe 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 / 6 1J"day of fJn.rs I- , 2005. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this I /; ~ day of ~Q .t- ,2005. 8T A TE OF IDAHO, ) ) ss. County of Ada ) On this I~ ttll day of .4 ;Hf.( <, t- ) 2005, before me, the undersigned, a Notary Public in and for said State, perso lly 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) ~~~~"~~~~'~:'?"~~~~ ~.." ,\~~...,,"....4r./',;.~-:'... ~" 1".~OT"~ .....~ '\ ~ * i _._ r ! * ~ \ \. ,pUBL1C j i \:~~............~o ~I "#",,,,### e OF ID 1'--",.." '."'hdUi'~' N TARt PUBLIC FOR IDAHO ~~~~G AT: lYleTi'dl~ I I,L.k ~JVMMISSION EXPIRES: ~ RE-ZONE OF RZ-05~002 MERIDIAN COUNSELING & WELLNESS CENTER - Page 3 of 3 EXHIBIT A Ulmer, Ruth and Jeff CUP-05-028~ Rz..OS-002 Legal Description fr~kS LAND~ COlleen Marks, LS.7045 .6405 UsliCk Road. Boise, Idaho 63704 ~ PhQne: (208) 378-n03 · Fax: (208) 378-nS9 . Emall: marksls@velocJlus.net REZONE DESCRIPTION FOR JEFF AND RUTH L'LMER A parcel ofland being the N 1/2 olLots 7 and 8, Bloclc I, Cottage Home Addition, as rccorocd in Book [ of Plats at Page 42, records of Ada County, Idaho, and portions of P... Fifth Street and E. State Avenue, said parcel lying in the Nw1l4 of Section 7, T.3N., R.IE., Boise Meridian, City of Meridian, Ada County, Idaho, said parcel being more particularly described as follows: CODlmcllcing at 11 found Bl'lIIis Cap mlllldng the centerline inters:cction of E. Pine Avenue and E. Fifth Street; thence N.oooOg'l I"E. 236.13 feet along the said centerline of E. Fifth Streel to a point marking the REAL POINT OF BEGINNINGj Ihence continuing N.OO.08' I! "E. I 00.06 fee~ along the said centerline of E. Fifth Strt:cl 10 a found Bt'1ISs Cap marking the centerline intersection of said B. Fifth Street and E. Stale AVCIlue; Ihence N.890 !3'S2"E. 141.28 (~t along the said centerline orE. Stale Avenue to a point; thence S.OooOS'4S"W. <UJ.Ol feet to a set 112" iron pin lying along the 60ulhcdy tight of wayohaid E. State Avenue and Inarldng !beNE Comer o[said Lot 8, Block I. Cotlage Home Addition, !hence continuing 5.00008' 4S"W. 59.98 f=t along the easterly baundmy of said Lot 8, Block I, COltage Home Addition 10 a set 112" iron pinj thence S.89QI2'OO"W. 141.27 feet to the point o[beginning, containing 0.32 acres, more or less. 11~,,-- . ;tAl. . '. ~~~fjC Ulmer Pate.l.doc ~~~~ \n I~~t cs l;!~~~ ~((~ g;~~ l~s :il~~~ ~~E i~' !~i!. ;q, ~~. ! lii!~ ~ ml!~ 0:: w J: :3 ~ ;:J ~ i!: (/}n:::;) w~!:r 2 ~ w <( ~ u.. ~ ~ '-'-l~~1 IdH : I~~~~ ~ !fL~~ u ~ [[0 0 . 0 t ~ _ _ ~D.!...-~Y~!),')..E. i i i i i ! i i ~ i > l,: : ~ - 10' 'I !" ;~I~ i; ~ j~ i : i I i I L---- ~~~~---i i 8~ALU~1 I II A(,ftt. , ~ 2005 - : ~I i ' '~~~'r:IC I , I I <P-----.--- .-----.--"-""'--.,.....-"'......". ___ --J-- ,,'m ! 133"iS fU', .. ,,7 ------~ W ::J ~ > <( w z 0: W ~ _ ~ _ _ _ !S'!q~O.ED2_ ~ I) ~ BEFORE THE MERIDIAN CITY COUNCIL C/C August 16, 2005 IN THE MATTER OF THE APPLICATION OF VENT ANA, LLC FOR FINAL PLAT APPROVAL FOR 81 SINGLE-FAMILY RESIDENTIAL BUILDING LOTS AND 5 COMMON LOTS ON 20.25 ACRES IN AN R-8 ZONE LOCATED NORTH OF MCMILLAN ROAD ON MERIDIAN ROAD IN THE SW 'l.1 OF T. 4N., R. IE., SECTION 30. CASE NO. FP-05-052 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Pinal Plat approval pursuant to Meridian City Code 9 12-3-7 on August 16, 2005) and the Council finding that the Administrative Review is complete from Brad Hawkins-Clark, Principal City Planner for the Planning and Zoning Department, and Michael Cole) Development Services Coordinator for the Public Works Department, dated: Hearing Date: August 16, 2005, to the Mayor and Council, and the Council having considered the requirements ofthe preliminary plat the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Pinal Plat of "PLAT SHOWING VENTANA SUBDMSIONNO. 2 LOCATED IN THE SW ~ OP T. 4N. R. IE., SECTION 30, BOISE MERIDIAN) MERIDIAN, ADA COUNTY, IDAHO 2005) HANDWRITTEN DATE: 07/07/05, SHEET 1 OP 2, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR VENTANA SUBDIVISION NO.2 / (FP-05-052) Page 1 of4 ENGINEERING SOLUTIONS, LLP", VENT ANA) LLC, Developer, is Conditionally Approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Brad Hawkins-Clark, Principal City Planner for the Plalming and Zoning Department and Michael Cole, Development Services Coordinator for the Public Works Department) dated: Hearing Date: August 16,2005, listing 17 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 response letter from Engineering Solutions) LLP; a true and correct copy of which is attached hereto marked Exhibit "B" and consisting of3 pages, and by this reference inc01})orated herein, and the additional requirements from the action ofthe Council taken at their August 16,2005 meeting as follows, to- wit: 1.1 Adopt the Recommendation of the Central Disttict 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 Environmental Quality for central sewage and central water; that run-off is not to create a mosquito breeding problem; and it is suggested that the stonnwater 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 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR VENTANA SUBDIVISION NO.2 I (FP-05-052) Page 2 of 4 cunent best management practices for stormwater disposal and design a stormwatermanagementsystem 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. Stormwater 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 sha1l 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 an 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 may be filed. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR VENTANA SUBDIVISION NO.2 / (FP-05-052) Page 3 of 4 Please take notice that this is a final action of the goveming body of the City of Meridian, pursuant to Idaho Code 9 67-6521. An affected person being a person who has an interest 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 011 the t loth day of AUjU<L ) 2005. Attest: Bn 1(!2] n lJl\. ~ 0 i MJ City Clerk)s Office Dated: Cl.l 'J-OS ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR VENTANA SUBDNISION NO. 2/ (FP-05-052) Page 4 of 4 MAYOR Tammy de Weerd ~..::.., I '\' V \, IDAHO )~ ~~Ct'" /' ~qlHCf CITY HALL (208) 888-4433 - Fax 887-4813 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 - Fax 898-9551 CITY COUNClL MEMBERS Keith Bird Christine Donnell Shaull Wardle Chal'les M. Rountree PLANNING AND ZONING (208)884-5533-Fax 888.6854 STAFF REPORT: City Council Date: August 16) 2005 Transmittal Date: August 11,2005 To: Mayor & City Council From: Brad Hawkins-Clark, Principal City Planner ~\.\L Michael Cole, Development Services Coordinator M c. Re: Ventana Subdivision No.2 Request for Final Plat Approval of Eighty-One (81) Single-family Residential Building Lots and Five (5) Common Lots on 20.25 Acres in an R-8 Zone for Ventana Subdivision No.1) by G. L. Voigt Development Company (File No. FP- 05-052) 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, G. L. Voigt Development Company, has requested final plat approval for the second phase of Ventana Subdivision consisting of 81 single-family residential building lots and five common lots on 20.25 acres in an R-8 zone. The gross density per acre for this phase is 3.51 dwelling units per acre. The net density is 4.30 dwelling units per acre. This phase is located approximately 'h mile north of McMillan Road and a 1A.mile east of N. Meridian Road, in the SW'Aof Section 30) T.4N., R.IB. It encompasses the entire eastern half of the subdivision. A Conditional Use Permit/Planned Development was approved for this subdivision which allowed for reductions to the minimum requirements for the R-8 zone for the following: lot size (from 6,500 s.f. to 6,388 s.f.), lot frontage (from 65' to 40' & cul-de-sacs from 40' to 35', measured at chord length), and to exceed the maximum block length allowed of I)OOO-ft. to 1,760-ft. Exhibit "A" Mayor & City Council Hearing Date: August 16) 2005 Page 2 of5 Amenities proposed with this phase of Ventana Subdivision include a playground area (with play equipment) and a public multi-use pathway. A couple of common, landscape lots in Blocks 5 and 13 were added that were not shown on the approved preliminary plat. Staff has no objection to this change. The submitted final plat still substantially complies with the approved Preliminary Plat. Staff recommends approval of the final plat for Ventana Subdivision No.2 with the comments and conditions stated in this report. SITE SPECIFIC REOUIREMENTS 1. Applicant is to meet all terms of the approved annexation (AZ-04-019), preliminary plat (PP-04-026) and conditional use permit (CUP-04-028). 2. Sanitary sewer service to this site shall be via main line extensions from the North Slough Trunk that is currently under construction by the City of Meridian. The applicant will be responsible for constructing the lateral sewer to and through this proposed development, thereby making them available to adjacent properties. The subdivision designer is responsible for coordinating main sizing and routing with the Public Works Department. 3. Water service to this site is being proposed via extension of existing mains adjacent to the site. The applicant shall be responsible to construct water mains to and through this proposed development, coordinate main size and routing with the Public Works Department. The applicant shall execute standard forms of easement for any mains that are required to provide service. 4. Submit compaction test results to the Meridian Building Department for any building pads within lots receiving engineered backfill. 5. 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, eastern and southern boundaries of this phase unless permanent fencing already exists around the subdivision boundary. 6. Any 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 stonns up to and including a IOO-year storm event. Side slopes within drainage areas shall not exceed 3:1. 7. Underground pressurized irrigation is required for all buildable lots and common areas. The applicant has indicated that the irrigation system will be owned and operated by the FP-05-052 Exhibit "A" Ventana Sub2FP.doc Transmittal Date: August I.], 2005 Mayor & City Council Hearing Date: August 16) 2005 Page 3 of5 home owners 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 pressurize irrigation system operations and maintenance manual shall be submitted prior to plan approval. 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 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. 8. A minimum six-foot wide sidewalk is required for the multi-use pathway in Block 13 on the east side of N. Diamond Creek Avenue, adjacent to Lots 1-8. Also, striping) pavers) or other alternative surface treatment to designate a crosswalk on N. Diamond Creek on the north side of E. Joshua Tree Street is required. The final construction drawings shall reflect these requirements. 9. A permanent public pedestrian easement shall be created for the lots that contain the multi-use pathway, and recorded prior to issuance of any building permits within the subdivision. The easement and/or right-of-way shall be sufficient width to cover the 10- foot and 6-foot wide pathway shown. The hard surfaced pathway shall be constructed and fully improved prior to the issuance of the first Certificate of Occupancy for any building within this phase of the subdivision. Applicant shall work with the City Parks Dept. and confonn to the Park's Dept. standards for construction of the pathway. The Homeowner's Association is responsible for maintenance of all landscaping adjacent to the pathway. ] O. Per Site Specific Condition #4 of PP-04-026, the applicant shall submit a written verification from Settler's Irrigation District that the South Slough easement width meets with their approval. 11. Per Site Specific Condition #2 of CUP-04-028, one of the required Planned Development amenities must be located on Lot 11, Block 5. No amenity is currently shown on this lot. The applicant may either relocate the play area currently shown on Lot 1) Block 11 or provide an additional amenity on Lot 11) Block 5. The revised landscape plan shall reflect this change. 12. Graphically depict an 8-foot wide Public Utilities) Drainage and Irrigation easement in the following locations. The extra width is necessary to accommodate an irrigation main that is being proposed there. a. Western boundary of Lot 17) Block 5 13. Complete the Certificate of Owners and accompanying Acknowledgment. FP.05-052 Exhibit "A" Ventana Sub2FP.doc Transmittal Date: August II, 2005 Mayor & City Council Hearing Date: August] 6) 2005 Page 4 of 5 14. Applicant shall submit final street name acceptance letter from Ada County Street Name Committee. 15. Please revise the landscape plan dated 7/18105, prepared by The Land Group) as follows: a. Clearly label all crosswalks shown on the landscape plan. b. A Plmmed Development amenity must be shown on Sheet Ll.l (Lot 11) Block 5). 16. Please add or revise the following plat notes on the plat dated 7/7/05: (8.) "Lot 11, Block 5. . .Lot 1 and 8 Block 13. . . 17. Staff's failure to cite specific ordinance provisions or tenus of the approved alUlexation, conditional use permit) or preliminary plat does not relieve Applicant of responsibility for compliance. GENERAL REOUIREMENTS 1. Tile all irrigation ditches) laterals or canals) exclusive of natural watelWays) intersecting, crossing or lying adjacent and contiguous to the area being subdivided per City Ordinance ] 2-4-13. Submit written confirmation of plan approval from the appropriate irrigation/drainage district) or lateral users association to the Public Works Department 2. 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. 3. 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. 4. 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. 5. 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. 6. 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. FP-OS-QS2 Exhibit "A" Venlana Sub2FP.doc Transmittal Date: August I [, 2005 Mayor & City Council Hearing Date: August 16) 2005 Page 5 of5 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 Environmental 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 perfonned 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 inigation.) 12. Install 250-watt and 100-watt, high-pressure sodium streetlights at locations designated by the Public Works Department. Street light contractor shall obtain an approved design and permit 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-OS-OS2 Exhibit "A" Ventana Sub2FP.doc Transmittal Dale: August I ],2005 EI~'!fr7g!fs: 150 East Aikens Sired, Suite B PhoIle:E~f~~') J~~g~~~~~ Fax: (208) 931-;-0941 E-mail: es-bcckym@qwcst.ncl August 12, 2005 Mayor and City Council City of Meridian 33 East Idaho Avenue Meridian, 10 83642 Re: Ventana Subdivision No.2 File No. FP-05~052 Dear Mayor and Council: We have reviewed the recommendations for the City Council meeting of August 16,2005, and have the following responses: SITE SPECIFIC REOUIREMENTS 1. The applicant will comply. 2. The applicant will comply. 3. The applicant will comply. 4. The applicant will comply. 5. The applicant will comply. 6. The applicant will comply. 7. The applicant will comply. 8. The construction plans already reflect the six-foot-wide sidewalk and striping (see Sheet ST~l). 9. The applicant will comply. 10. The applicant will comply. C:\Documents and Settings\grccnt\Local Scllings\Tclnpor.ll)' loll'L11et Fllcs\Okl)i\~il\Ifl~Rcsponsc.dtlC Mayor and City Council August] 2,2005 Page 2 11. The applicant will comply (play area will be relocated). 12. The pressurized irrigation line will be ,'clocated to the common lot so Lot 17, Blod{ 5, will not be adversel)' impacted by additional setback requirements. We respectfully request that this condition be deleted. 13. The applicant will comply. ] 4. The applicant will comply. 15. The applicant will comply. 16. The applicant will comply. 17. Noted. GENERAL REQUIREMENTS I. The applicant will comply. 2. The applicant will comply. 3. The applicant will comply. 4. The applicant will comply. 5. The applicant will comply. 6. The applicant will comply. 7. The applicant will comply. 8. 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. C:\Ducurncnls and Scttmgs\grecntilocal ScUmgsiT empornry lntemet Files\OlK24\RecsRt:<<punsc.doc Exhibit "lJ" Mayor and City Council August 12, 2005 Page 3 J 5. The applicant will comply. We appreciate .staffs review of our project. We respectfully request approval of the application for final plat. Thank you. Sincerely, Engineering Solutions, LLP Becky McKay, Partner Project Manager BM:ss Eric Guanell C:\Documents and Seuings\greenl\Local Seltings\Temporal)' Intcl11cl Filc~\OLK24\RecsRc'r(ln~c.dol" f,xhibil "Jl" BEFORE THE MERIDIAN CITY COUNCIL C/C August 16, 2005 IN THE MATTER OF THE APPLICATION OF CENTENNIAL DEVELOPMENT, LLC FOR FINAL PLA T APPROVAL FOR 72 SINGLE- FAMILY RESIDENTIAL BUILDING LOTS AND 14 COMMON LOTS ON 17.88 ACRES IN AN R-8 ZONE LOCATED IN THE NE ~ OF THE SW ~ OF T. 3N., R. lW., SECTION 10 CASE NO. FP-05-050 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 August 16) 2005) and the Council finding that the Administrative Review is complete from Craig Hood) Associate City Plmmer for the Planning and Zoning Department) and Michael Cole, Development Services Coordinator for the Public Works Department) dated: Hearing Date: August 16, 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 CHESTERFIELD SUBDIVISION NO. ] LOCATED IN THE NE XI OFTHESW ~ OFT. 3N. R.1W., SECTION 10, BOISE MERIDIAN, MERIDIAN) ADA COUNTY, IDAHO 2005, HANDWRITTEN ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR CHESTERFIELD SUBDIVISION NO. 1 / (FP-05-050) Page 1 of4 DATE: 06/17/05, SHEET 1 OF 5, BAILEY ENGINEERING) INC.", CENTENNIAL DEVELOPEMNT) LLC, Developer) is Conditionally Approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Craig Hood) Assistant City Plmmer for the PlalU1ing and Zoning Department and Michael Cole, Development Services Coordinator for the Public Works Department) dated: Hearing Date: August 16) 2005, listing 23 SITE SPECIFIC REQUIREMENTS/FINAL PLAT and 12 GENERAL REQUIREMENTS) a true and conect copy of which is attached hereto marked Exhibit "A", and consisting of 6 pages, and by this reference incorporated herein, and the response letter from Bailey Engineering, Inc., a true and conect of which is attached hereto marked Exhibit "B" and consisting of 1 page) and by this reference incorporated herein, and the additional requirements from the action of the council taken at their August 16) 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 Environmental Quality for central sewage and central water; that run-off is not to create a mosquito breeding problem; and it is suggested that the stonnwater be pretreated tlrrough a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality; that engineers and architects should obtain ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR CHESTERFIELD SUBDIVISION NO. ] I (FP-05-050) Page 2 of 4 cUlTent best management practices for stonnwater disposal and design a stol1nwater management system that is preventing groUlldwater and surface water degradation. Manuals for guidance: 1. State of Idaho Catalog of Stonnwater Best Management Practices for Idaho Cities and Counties. Prepared by the Idaho Division of Environmental Quality, July 1997. 2. Stol111water 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: 1. The Plat dimensions are approved by the City Engineer; and 2. The City Engineer has verified that aU 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 regulatOlytaking 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. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR CHESTERFIELD SUBDIVISION NO. 11 (FP-05-0S0) Page 3 of 4 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 this decision may) within twenty-eight (28) days after the date of this decision and order, seek ajudicial review as provided by Chapter 52) Title 67, Idaho Code. By action ofthe City Council at its regular meeting held on the ILDth day of A\IJII~~ ,2005. BY,J flA II \'Y1. b l\~~~ lty Clerk's Office Dated: ~ ., \ 2 -OS ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR CHESTERFIELD SUBDIVISION NO.1 / (FP-05-050) Page 4 of 4 MA VOR Tammy de WeeI'd PUBLIC WORKS BUILDING DEPARTMENT (208) 898-5500. Fax (208)898-9551 PLANNING AND ZONING DEPARTMENT (208) 884-5533 . Fax 888-6854 CITY COUNCIL MEMBERS Keith Bird Cllllstine Donnell Shaull Wardle Charles M. Rountree STAFF REPORT: Hearing Date: August 16, 2005 Transmittal Date: August 11, 2005 To: Mayor and City Council From: Craig Hood, Associate City Planner (II/ Michael Cole, Development Services Coordinator (1'\ c. Re: Chesterfield Subdivision No.1 Request for Final Plat approval of72 Single-family Residential Building Lots and 14 Common Lots on 17.88 Acres in an R-8 Zone by Centennial Development, LLC (File No. FP-05-050). We have reviewed the above referenced submittals 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, Centennial Development, LLC, has applied for Final Plat approval of 72 single- family residential building lots and 14 common lots on 17.88 acres of land for Chesterfield Subdivision No. 1. The existing zoning designation for the proposed subdivision is R-8 (Medium Density Residential). The proposed gross density of the subdivision is 4.81 dwelling units per acre. The proposed net density is 6.30 dwelling units per acre. Chesterfield Subdivision No.1 is located on the south side ofW. Pine Avenue, east ofN. Black Cat Road, in the SW ~ of Section 10, T.3N., R.IW. A Conditional Use Permit/Planned Development was approved for this subdivision that allowed for reductions to the minimum frontage allowed for lots (35-ft. for non cul-de-sac lots), minimum lot size (3,100 sq. ft.), reduced front setbacks for townhouse lots (8-feet to common driveway) and a block length that exceeds 1,000 feet. The submitted Final Plat substantially complies with the approved Preliminary Plat. Staff recommends approval of Chesterfield Subdivision No.1 with the comments and conditions stated in this report. FP-05-050 Exhibit "A" Chesterfield Sub No I FP.doc Mayor & City Council Hearing Date: August 16, 2005 Page 2 SITE SPECIFIC COMMENTS / FINAL PLAT I. Applicant is to meet all tenns of the approved Annexation (AZ-03-037), Conditional Use Pennit (CUP-03-070), and Preliminary Plat (PP-03-046) for this subdivision. 2. Fencing for the north side yards of Lots 11 and 14, Block 6, shall be a maximum of 4' in height and made of a semi-sight obscuring material. Interior fencing adjacent to Lot 20, Block 1, and Lot 1, Block 3, shall be limited to 4' open vision type materials. All fencing must be in compliance with MCC 12-4-10 and 12-13-15-9. 3. Revise or add the following notes on the face of the plat dated 6/17/05: (8.) "T" em) (29) feet common driveway easements as shown shall provide perpetual Ingress and Egress to Lots 18 and 19, Block 1, and Lots 11, 12, 13, 14, Block 6....." (9.) Complete the Survey number. (10.) "Direct lot access to W. Pine 8treet Avenue is prohibited l;lFlless s]3eeifieaU) aIle ed b) the ^ aa Cel:lftt) nigh. a) Distriet aRe Cit:, efHerieiaa." (11.) "Fencing on the common lot line of Lot 20, Block 1, and Lot 1, Block 3, shall be restricted to four-foot open vision fence per City of Meridian requirements. Fencing on the north side of Lots 11 and 14, Block 6 shall be a maximum of four-feet in height and made of a semi-sight obscuring material." (13.) Add a note stating that: "All lots within Block 5 shall take access to the adjacent alley and not Carisbrooke Avenue." (14.) Add a note stating that: "Building setbacks and dimensional standards in this subdivision shall be in compliance with Title 11 of Meridian City Code unless otherwise modified by Conditional Use Permit (CUP-03-070)." 4. Depict at least a 24-foot wide common driveway easement for Lots 11 - 14, Block 6. The common drive serving Lots 11 - 14, Block 6, shall be constructed a minimum of 24-feet wide. The common driveway serving Lots 18 and 19, Block 1, shall be constructed a minimum of 20-feet wide. All common drives should be constructed in accordance with MCC 12-4-14, and be capable of supporting 70,000 Ibs. 5. Revise the lot lines for Lots 11, 12, 13 and 14, Block 6, so that each lot has at least 5-feet of frontage on W. Newland Street. Revise the lot lines for Lots 19 and 20, Block 1, so that Lot 19 has at least IS-feet of frontage on W. Newland Street. The common driveway for Lots 18 and 19, Block 1, shall be contained within the buildable lots and not within the common Lot 20, Block 1. 6. Front building setbacks for Lots 1 - 14, Block 6, may be reduced down to 8-feet (measured to common driveway). Rear setbacks for the alley loaded lots in Block 5, shall be a minimum of20 feet (measured to alley). FP-05-050 Exhibit "A" Chesterfield Sub No. I FP.doc Mayor & City Council Hearing Date: August 16, 2005 Page 3 7. With the preliminary plat application, ACHD required the alleys within the subdivision to be paved 20-feet wide. Revise the plat to include all of the alley right-of-way adjacent to Block 5 (16-feet currently shown). 8. The landscape plan, dated 7/5/05, shall be revised as follows: a. Reduce the height of the fencing adjacent to Lot 1, Block 3, to be 4' not 6' tall and shall be open vision, not vinyl. b. Provide a detail of the proposed playground equipment for the tot lot. 9. The applicant has indicated that the Nampa Meridian Irrigation District will own and maintain the pressure irTigation system within this development. If the system is to be owned and maintained by Nampa and Meridian Irrigation District, evidence of a license agreement with NMID shall be provided to Public Works prior to scheduling of a pre- construction meeting. The City of Meridian requires that pressurized irrigation systems be supplied by a year- round source of water. Ifa 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 irrigable common areas prior to signature on the final plat by the Meridian City Engineer. 10. Except for the Kennedy Lateral, all inigation 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 owners), 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. 11. A Certificate of Zoning Compliance is required to be obtained from the City prior to construction of any pennanent structures on the proposed park lot. 12. Lots 6 and 7, Block 6 and Lot 1, Block 5, do not include the lengths and bearings for every boundary. The applicant shall make the necessary adjustments to ensure the lengths and boundaries for every lot line are included. 13. Lot 7, Block 2 is subject to a City of Meridian sanitary sewer easement and shall be free of any large, mature landscaping and other fixed vertical objects. 14. The southern two lots in Block 5 are both labeled 15. The applicant shall make the necessary adjustments to ensure consecutive numbering of lots in each block per ACSNC. 15. Graphically depict an 8-foot wide Public Utilities, Drainage and Irrigation easement in the following locations. The extra width is necessary to accommodate an irrigation main. a.) Eastern boundary of Lot 5, Block 6. FP-05-050 Exhibit "A" Chesterfield Sub No. I FP.doc Mayor & City Council Hearing Date: August 16, 2005 Page 4 b.) Western boundary of Lot 8, Block 6. 16. Any existing domestic wells and/or septic systems and appurtenances relating to the existing residence 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. 17. Sewer service for this proposed development is being proposed via extension of mains adjacent to the property. The applicant shall install mains to and through this development. The applicant shall coordinate with the City of Meridian Public Works Department, main size and routing, to be in conformance with the City's Master Sewer Plan. The applicant shall execute standard forms of easements for any mains that are required to provide service. 18. Water service to this proposed development is being proposed via extensions of an existing main in West Pine Street. The applicant shall install water mains to and tlu-ough this proposed development, and coordinate main size and routing with the Public Works Department. The applicant shall execute City of Meridian standard forms of easements for any mains that are required to provide service. 19. Add "N. Cas a Lorna Avenue" to Sheets 1 and 2 of the final plat. Change "Pine Street" to "W. Pine Avenue" on Sheets 1,2 and 3. 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. 20. Amend Sheets 1 - 4 by correctly describing the location of the property to be in the NE y.; of the SW ~ of Section 10, not the SE .~ of the NW ~ of Section 10. Amend the label on Sheet 5 to be "Sheet 5 of 5" not "Sheet 4 of 5". 21. All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space are subject to MCC 12-13-14 and shall be fully vegetated with grass and trees. Sand, gravel or other non-vegetated surface materials shall not be used in open space lots, except as pennitted under MCC 12-13-14. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. If the stonnwater detention facility cannot be incorporated into the approved open space and still meet the standards ofMCC 12-13-14, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACHD, City of Melidian and all other regulatory requirements at the time of final construction. 22. Any 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. All storm drainage must be in compliance with MCC 12-13-14, Stonnwater Integration. FP-05-050 Exhibit "A" Chesterfield Sub No. I FP.doc Mayor & City Council Hearing Date: August 16, 2005 Page 5 23. Staffs failure to cite specific ordinance provisions, or terms of the approved Annexation, Conditional Use PermitlPlatmed Development, or Preliminary Plat does not relieve the Applicant of responsibility for compliance. GENERAL REQUIREMENTS 1. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be removed. 2. Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building pennits. 3. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as detennined during the plan review process, prior to signature on the final plat per Resolution 02-374. 4. All development improvements, including sewer, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 5. A letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 6. Two-hundred-fifty and one-hundred-watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior commencing installations. 7. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 8. Applicant's engineer will be required to submit a signed, stamped statement certifying that all street finish centerline elevations are set a minimum of three feet above the highest established normal groundwater elevation. 9. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Anny Corps of Engineers. 10. Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. FP-05-050 Exhibit "An Chesterfield Sub No. I FP.doc Mayor & City Council Hearing Date: August 16, 2005 Page 6 11. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 12. Developer shall coordinate mailbox locations with the Meridian Post Office. STAFF RECOMMENDATION Staff recommends approval of the final plat with the above stated comments and conditions. FP-05-050 Exhibit "A"' Chesterfield Sub No. I FP.doc ailey Engineering,lnc. CIVIL ENGINEERINGIPLANNINGICADD DATE: August 16, 2005 TO: Mayor and City Council RE: Chesterfield Subdivision No.1 Dear Mayor and City Council, On behalf of our client we would like to state that Liberty Development, Inc agrees with all Site Specific Comments and Conditions set forth in the fmal plat for Chesterfield Subdivision No.1. Thank you for your time and considemtion" Sincerely, iJ-tJq~ Aj Lopez 1tec~ ..7Veb h I) l.I1'e.41LJ4y , . ". '} tl'l'YeM 04J14'J'1? 1500 E. Iron Eagle Drive + Eagle, Idaho 83616 + Tel.: 208-938-0013 + Fax: 208-938-0516 WNW. baileyengineers.com Exhihit "13" BEFORE THE MERIDIAN CITY COUNCIL C/C August 16, 2005 IN THE MATTER OF THE APPLICATION OF HILL VIEW DEVELOPMENT FOR FINAL PLAT APPRO V AL OF 3 COMMERCIAL BUILDING LOTS ON 11.28 ACRES IN AN R-8 ZONE LOCATED WEST OF NORTH EAGLE ROAD AND NORTH OF EAST USTICK ROAD IN THE SE ~ OF T. 4N., R. IE., SECTION 32 CASE NO. FP-05-053 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Meridian City Code S 12-3-7 on August 16, 2005, and the Council finding that the Administrative Review is complete from Sonya Allen, Assistant City Planner and Josh Wilson, Associate City Planner for the Planning and Zoning Department, and Michael Cole, Development Services Coordinator for the Public Works Department, dated: Hearing Date: August 16,2005, 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 CHAMPION PARK SUBDIVISION NO.4 LOCATED IN THE SE ~ OF T. 4N., R. IE., SECTION 32, BOISE MERIDIAN, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR CHAMPION PARK SUBDIVISION NO.4 / (FP-05-053) Page 1 of5 MERIDIAN, ADA COUNTY, IDAHO 2005, HANDWRITTEN DATE: 06/14/05, SHEET 1 OF 3, ENGINEERING NORTHWEST, LLC", HILLVIEW DEVELOPMENT, 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 and Josh Wilson, Associate City Planner for the Planning and Zoning Department and Michael Cole, Development Services Coordinator for the Public Works Department, dated: Hearing Date: August 16, 2005, listing 13 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 of3 pages, and by this reference incorporated herein, and the additional requirements from the action of the Council taken at their August 16,2005 meeting as follows, to-wit: 1.1 Adopt the action of the City Council taken at their August 16, 2005 meeting, and specifically pertaining to the staff report, under Conditions of Approval, to revise number 2, such now it reads as follows: CONDITIONS OF APPROVAL 2. A new detailed conditional use permit aHd SEltlSl:lFfSRt rezel'l e a13plieatisR t8 the aJ9pr8J3riate eemmereial zeR0, as aeteRT:l.iFlea 8) fRS Dirseter, will be required prior to development of any of the commercial, office, or mini-storage lots within this subdivision. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR CHAMPION PARK SUBDNISION NO. 41 (FP-OS-OS3) Page 2 of 5 1.2 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 Environmental 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 storm water management system that is preventing groundwater and surface water degradation. Manuals for guidance: 1. State of Idaho Catalog of Stonnwater Best Management Practices for Idaho Cities and Counties. Prepared by the Idaho Division of Enviromnental Quality, July 1997. 2. StonTIwater 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: 1. The Plat dimensions are approved by the City Engineer; and 2. The City Engineer has verified that all off-site improvements are completed andlor the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on-site improvements. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR CHAMPION PARK SUBDIVISION NO.4 1 (FP-05-053) Page 3 of5 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 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 S 67-6521. An affected person being a person who has an interest 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 I U ~ day of Al ~ u9+ ,2005. B~ Tammy. eerd Mayor, City of Meridian ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR CHAMPION PARK SUBDNISION NO.4! (FP-05-053) Page 4 of5 "'\~'Of ME~t1'I, ~,"'& . }~;"\ SEAL William G. Berg, Jr., Cit lerk ~ 7'Q q;r:!?, \, ~ <'-<sf 15\ ." .;P./ C?py s,erved upon Applicant, the Plannill'g,~~}~~ ~~ment, Public Works Department, and CIty 1jftomeySh ~/fllllttllll'I\\\\\'n By: ",~AJ} L\1\.{l {l M Dated: ~J.ld -as CI Clerk's Office ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR CHAMPION PARK. SUBDMSION NO. 41 (FP-05-053) Page 5 of5 MAYOR Tammy de Weerd ~'J \' V ~A 1Dt\HOjY ~~ / _Qllltr , 1903 PUBLIC WORKS BUILDING DEPARTMENT (208) 898-5500 . Fax (208)898-9551 CITY COUNCIL MEMBERS Keith Bird Christine Donnell Shaull Wardle Charles M. Rountree PLANNING AND ZONING DEPARTMENT (208) 884-5533 . Fax 888-6854 STAFF REPORT: Hearing Date: August 16, 2005 Transmittal Date: August ] 1, 2005 To: Mayor, City Council and Planning & Zoning Commission Sonya Allen, Assistant City Planner ()Il d. Josh Wilson, Associate City Planner J;j1Z- Michael Cole, Development Services Coordinator M c. From: Re: Champion Park Subdivision No.4 (aka Parkstone Subdivision) Request for Final Plat Approval of Three Commercial Building Lots on 1] .28 Acres in an R-8 Zone for Champion Park Subdivision No.4, by Hillview Development Corporation (File No. FP-05-053). 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, Hillview Development Corporation, has requested final plat approval of the fourth phase of Champion Park Subdivision (preliminary platted under the name Parkstone Subdivision). This phase of the subdivision consists of 3 commercial building lots on 11.28 acres. Champion Park Subdivision is located approximately 12 mile west ofN. Eagle Road on the north side ofE. Ustick Road, in the SE ~ of Section 32, TAN., R.1E. A Conditional Use Permit (CUP) for a Planned Development was approved for this subdivision that allowed for a 20% land use exception for a portion of the subdivision to be developed in a commercial manner. The CUP also allowed for reductions to the front setbacks (from IS-ft. for living areas & 20-ft. for garages to IS-ft. for non-front entry garages), side setbacks (from 5-ft. per story to 5-ft. for single & two story buildings), minimum lot size (from 6,500 s.f. to 5,888 s.f. for detached dwellings and from 4,000 s.f. to 3,883 s.f. for attached dwellings), minimum street frontage (from 65-ft. to 60-ft. for detached dwellings and from 40-ft. to 25-ft. for cul-de-sac lots), minimum house size (from 1,301 s.f. to 1,200 s.f. for detached dwellings), and allowance for block lengths to exceed 1,000-feet. FP-05-053 Exhibit "A" Champion Park Sub4 FP .doc Mayor & City Council Hearing Date: August 16, 2005 Page 2 Staff finds that the proposed final plat substantially complies with the approved preliminary plat. Staff recommends approval of the fourth phase of Champion Park Subdivision with the comments and conditions stated in this report. SITE SPECIFIC CONDITIONS OF APPROVAL 1. Applicant shall meet all terms of the approved Preliminary Plat (PP-02-033), Planned Development (CUP-02-049), and Development Agreement (Inst. No.1 03085229). 2. A new detailed conditional use permit and conCUlTent rezone application to the appropriate commercial zone, as detennined by the Director, will be required prior to development of any of the commercial, office, or mini-storage lots within this subdivision. 3. The 6-ft wide landscape buffer easement along the west side of Lot 53, Block 18 (mini- storage lot) and the 20-ft. wide landscape buffer easement adjacent to the western boundary of Lots 54 & 55, Block 18 (office lots) must be graphically shown on the face of the plat. The 6-ft. buffer between land uses on the west side of Lot 3, Block 15 (the mini-storage lot) shall be planted w/ columnar juniper trees, per the submitted landscape plan. 4. The submitted landscape plan shall be revised as follows: a) There is a 20 foot required landscape buffer along N. Leslie Way on Lots 53, 54, and 55, Block 18. The landscape plan shall be revised to remove the placement of a portion of the parking lot on Lot 54 from this landscape buffer, and replace with vegetative groundcover. 5. The pressurized irrigation system within this development is to be owned and maintained by the Home Owner's Association. 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. Plans and specifications for the irrigation system shall be reviewed by the Public Works Department as part of the development plan review process, and a draft copy of the pressurized irrigation system O&M manual must be submitted prior to plan approval. 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. 6. Sanitary sewer and water mains were stubbed into these proposed lots during the construction of Champions Park No.3. There is only one sewer and water stub between the Lots 54 and 55, Block 18. The applicant shall graphically depict the necessary easements to convey sewer and water mains between these lots, or make a note on the face of the plat granting a cross utility easement. 7. A drainage plan designed by a State of Idaho licensed architect or engineer is required FP-05-053 Exhibit "A" Champion Park Sub4 FP.doc Mayor & City Council Hearing Date: August 16, 2005 Page 3 and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Stonn water treatment and disposal shall be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Stonn 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. 8. Any 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 stonns up to and including a 100-year stonn event. (All areas being counted toward the 10% open space amenity shall be free of "wet ponds" or other such nuisances). 9. All areas approved as open space shall be free of wet ponds or other such nuisances. All stonnwater detention facilities incorporated into the approved open space are subject to MCC 12-13-14 and shall be fully vegetated with grass and trees. Sand, gravel or other non-vegetated surface materials shall not be used in open space lots, except as permitted under MCC 12-13-14. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards ofMCC 12-13-14, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACHD, City of Meridian and all other regulatory requirements at the time of final construction. 10. 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. II. Add a note on the face of the plat or graphically depict, a cross-access agreement between Lots 54 and 55, Block 18. 12. Add or revise the following notes on the plat dated 7/25/05, prepared by Engineering Northwest: (4.)"Direct lot access to E. Ustick Road is prohibited unless speeifieallj aIle.. eEl sJ the .\aa Cel:1m) High. a) Distriet aflEl the Cit) efHeriEli8:fl. (6.) Add note advising lot owners that they are responsible for maintenance of any irrigation/drainage pipe or ditch crossing their lot unless responsibility is assumed by an irrigation district. (7.) Add a note advising "Bottom elevation of structural footings shall be set a minimum of 12 inches above the highest established normal ground water elevation." FP-05-053 Exhibit "A" Champioll Park Sub4 FP.doc Mayor & City Council Hearing Date: August 16, 2005 Page 4 13. Staff's failure to cite specific ordinance provisions or terms ofthe approved preliminary plat, conditional use pennit or development agreement does not relieve Applicant of responsibility for compliance. STANDARD CONDITIONS OF APPROVAL 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 owners), 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. Street lights shall be installed in compliance with the approved streetlight agreement. Two-hundred-fifty (250w), and one-hundred watt (100w), high-pressure sodium streetlights will be required at locations designated. by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. Street light contractor to obtain design and pennit from the Public Works Department prior commencing installations. 3. Any existing domestic wells and/or septic systems within this project shall be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 4. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 5. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as detennined during the plan review process, prior to signature on the final plat per Resolution 02-374. 6. Applicant's engineer will be required to submit a signed, stamped statement certifying that all street finish centerline elevations are set a minimum of three feet above the highest established normal groundwater elevation. 7. Coordinate fire hydrant placement with the City of Meridian's Public Works Department. 8. Sidewalks within the proposed subdivision shall be built in accordance with MCC 12-13- 10-8. 9. All development shall comply with the Americans with Disabilities Act and the Fair Housing Act. 10. Temporary construction fencing to contain debris shall be installed at the boundaries of FP-05-053 Exhibit "A" Champion Park Sub4 FP.doc Mayor & City Council Hearing Date: August 16, 2005 Page 5 this phase where no penllanent fencing is proposed unless pennanent fencing exists at the subdivision boundaries. Fencing must be ill compliance with MCC 12-4-10. 11. Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 12. All development improvements, including sewer, fencing, micro-paths, pressurized inigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 13. All irrigation ditches, laterals or canals, exclusive of natural watelWays, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confinnation of said approval submitted to the Public Works Department. 14. Applicant shall be responsible for application and compliance with any Section 404 Penllitting that may be required by the Army Corps of Engineers. 15. Applicant shall be responsible for application and compliance with and NPDES Pennitting that may be required by the Environmental Protection Agency. 16. 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-OS-OS3 Exhibit "A" Champion Park Sub4 FP.doc WGI "ERI6 , (" planning aM Mglaeering f,vmmunilias /t,r 1115/ulilre "OLUTIONSLLP I ~u Ei(~1 Aikens :-ilh'C'(. Suik 13 Phone: l;;i~~') \~~x~~~;~~ fux: (2010 l)J~-O'J41 E-mail: rs-ht'ckYUl({/:qwcsLII<" August 12, 2005 Mayor and City Council City ofMcridian 33 East Idaho Meridian, ID 83642 Re: Champion Park Subdivision No.4 (Final Plat) FP-05-053 Dear Mayor and Council: We have reviewed staff comments for the hearing date of August 16, 2005, and have the following responses. SITE SPECIFIC CONDITIONS OF APPROVAL 1. The applicant will meet all terms of the approved Preliminary PIal (PP-02-033), Plamlee! Development (CUP-02-049), and Development Agreement (Instrument No. 103085229). 2. The applicant disagrees with the Director's determination that the property needs to be rezoned. The preliminary plat was approved in the same configuration as the final plat. This project is not similar to Verona Subdivision No.3, which was rezoned only because lots were added. City ordinance does not require rezoning of this property; as stated by staff, the conditional use permit was approved to allow a 20% land use exception, and the C"mal plat complies with the approved preliminary plat. The applicant is rethinking his options and may, in fact, come back with a residential plan for the ntini-storage lot, leaving the two office lots closest to Ustick Road. The applicant is opposed to rezoning the property when the uses have already been approved via the planned development application. We do not want to have the final plat tied to a requirement to rezone the property and respectfully request that this condition be deleted. 3. The applicant will comply. 4. The applicant will comply. C:\Documents and SCllings\gl"c~111~Loe~1 Scltings\Tcmpol"iuy 1l1lcmct Fib\OLK24\RCCI~~~f6;;"'~II}d'''' Mayor and City I..A.lUl)cil August 12,2005 Page 2 5. The applicant will comply. 6. The applicant will comply. 7. The applicant will comply. 8. 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. Noted. STANDARD CONDITIONS OF APPROVAL L The applicant will comply. 2. The applicant will comply. 3. The applicant will comply. 4. The applicant will comply. 5. The applicant will comply. 6. The applicant will comply. 7. The applicant will comply. 8. The applicant will comply. 9. The applicant will comply. 10. The applicant will comply. II. The applicant will comply. 12. The applicant will comply. 13. The applicant will comply (this is a repeat of Item 1). 14. The applicant will comply. C:\Do~umelll~ and Scuings\grCel1l\Local Seuillgs\Tempor(uy lntemcl filcs\.OLK~4\Rt'csRcsr'lt1sd.d,,~ Exhibit "H" Mayor and City COlll1cil Augus' 12, 2005 Page 3 15. Thc applicant will comply. 16. The applicant will comply. We believe this letter addresses all items of the staff comments. Please feci free to call jf you have additional comments or questions. Sincerely, Engineering Solutions, LLP Shari Stiles Planner Iss cc: Mr. Jim Merkle C:.DUCUlllcnls and Sctiings\grec;n(\local Sct{il1g~\Temporary h\lcllld r-ilcs'OLK:>.'rRc~sRc;;rol1~dtlo~ E~h]l>1l nil" BEFORE THE MERIDIAN CITY COUNCIL C/C August 16, 2005 IN THE MATTER OF THE APPLICATION OF PARAMOUNT DEVELOPMENT, INC. FOR APPROVAL OF 39 SINGLE- FAMIL Y RESIDENTIAL BUILDING LOTS AND 1 COMMON LOT ON 8.75 ACRES IN AN R-8 ZONE LOCATED NORTH OF EAST MCMILLAN ROAD AND WEST OF NORTH MERIDIAN ROAD IN A PORTION OFT. 4N., R.IW., SECTION 25 CASE NO. FP-05-051 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 August 16, 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: August 16, 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 PARAMOUNT SUBDIVISION NO. 9 LOCATED IN A PORTION OF T. 4N., R. 1 W., SECTION 25, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2005, HANDWRITTEN DATE: 07/19/05, ORDER OF CONDITIONAL APPROY AL OF FINAL PLAT FOR PARAMOUNT SUBDNISION NO. 9/ (FP-05-051) Page 1 of 4 SHEET 1 OF 3, ENGINEERING NORTHWEST, LLC", PARAMOUNT DEVELOPMENT, INC., 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 Platmer for the Planning and Zoning Department and Michael Cole, Development Services Coordinator for the Public Works Department, dated: Hearing Date: August 16, 2005, listing 12 SITE SPECIFIC REQUIREMENTS/FINAL PLAT and 16GENERAL REQUIREMENTS, a hue 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 Northwest, LLC, a true and correct copy ofwhich is attached hereto marked Exhibit "B" and consisting of 2 pages, and by this reference incorporated herein, and the additional requirements from the action of the Council taken at their August 9, 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 Environmental 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 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR PARAMOUNT SUBDNISIONNO. 91 (FP-05-051) Page 2 of 4 cun-ent best management practices for stonnwater disposal and design a stOlmwater management system that is preventing groundwater and surface water degradation. Manuals for guidance: 1. State of Idaho Catalog of Storillwater Best Management Practices for Idaho Cities and Counties. Prepared by the Idaho Division of Enviromnental 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: 1. The Plat dimensions are approved by the City Engineer; and 2. The City Engineer has verified that all off-site improvements are completed andlor 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 may be filed. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR PARAMOUNT SUBDNISION NO. 91 (FP-05-051) Page 3 of 4 Please take notice that this is a final action of the goveming body of the City of Meridian, pursuant to Idaho Code S 67-6521. An affected person being a person who has an interest 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 lLn-l-h. day of A\ 13l..\~r ,2005. SEAL .. . ~ 7Q ,cV.of WIlham G. Berg, Jr., Ct Cl rk-~~~"7<:> U&r lS1' ' ~ ! ~~'I '"Af 90 ~'?' ,,-,, Copy served upon Applicant, the Phl1minB~Rl1i1'1-gDepartment, Public Works Department, and City Attonley. . "'" 11 \ \' B~:k[l ~JqlLb City Clerk's Office Dated: ct- \ 2 -05 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR PARAMOUNT SUBDNISION NO. 9/ (FP-DS-OS]) Page 4 of 4 MAYOR Tammy de Weerd PUBLIC WORKS BUILDING DEPARTMENT (208) 898-5500 . Fax (208)898-955 J PLANNING AND ZONING DEPARTMENT (208) 884-5533 "FAX 888.6854 CITY COUNCIL MEMBERS Keith Bird Christine Donnell Shaun Wardle Charles M, Rountree STAFF REPORT: Healing Date: August 16, 2005 Transmittal Date: August 4, 2005 To: Mayor, City Council and Planning & Zoning Commission Sonya Allen, Assistant City Planner cf''l Michael Cole, Development Services Coordinator fY\ c From: Re: Paramount Subdivision No.9 Final Plat approval of39 Single-Family Residential Building Lots and 1 Common Area Lot on 8.75 Acres in an R-8 Zone, by Paramount Development, Inc. (File No. FP-05-051). We have reviewed the above referenced submittals 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, Paramount Development Inc., has applied for Final Plat approval of 39 single- family residential building lots and 1 common area lot on 8.75 acres of land for Paramount Subdivision No.9. The zoning designation for the proposed subdivision is R-8 (Medium Density Residential). This phase of the subdivision will have a gross density of 4.46 d.u./acre and a net density of 5.99 d.u./acre. Paramount Subdivision No.9 is located east of Fox Run and south of Chinden Blvd., in a portion of Section 25, TAN., R.l W. The common area lot proposed within this phase of Paramount Subdivision will consist of a landscaped roundabout at the intersection of W. Valentino Dr. and N. Dietrich Ave. The pressurized irrigation system within this development is to be owned and maintained by the Paramount Homeowners Association. A Conditional Use Permit (Planned Development) was approved for this subdivision that allowed for a reduction in the minimum lot size from 6,500 s.f. to 5,500 s.f.; front setbacks reduced from 15' for living areas to 10'; street side setbacks reduced from 20' to 10'; and a reduction in street frontage from 65' to 50'. The final plat for this phase substantially complies with the approved preliminary plat. FP-05-051 Exhibit "A" Paramount Sub9 FP.doc Mayor & City Council Hearing Date: August 16, 2005 Page 2 Staff recommends approval of the final plat for Paramount Subdivision No.9 with the comments and conditions stated in this report. SITE SPECIFIC COMMENTS 1 FINAL PLAT I. Applicant is to meet all tenns of the approved preliminary plat (PP-03-004), conditional use pennit (CUP-03-008) and development agreement (lnst. No. 103137116). 2. The applicant has indicated that the Paramount Homeowners Association will own and maintain the pressure irrigation system within this development. 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 culinary water system shall be required. Plans and specifications for the irrigation system shall be reviewed by the Public Works Department as part of the development plan review process, and a draft copy of the pressurized irrigation system O&M manual must be submitted prior to plan approval. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the irrigable common areas prior to signature on the final plat by the Meridian City Engineer. 3. Temporary construction fencing to contain debris shall be installed along the boundaries ofthis phase unless fencing already exists at the subdivision boundaries. 4. Sanitary sewer service and municipal water to this site shall be via extensions from existing mains 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 forms of easements, for any mains that are required to provide service. 5. Revise or add the following notes on the face of the plat dated 7/20105, prepared by Engineering Northwest: (12.) Add a note calling out Lot 1, Block 31 as a common lot and state who will own and maintain this lot. 6. 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. 7. All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space are subject to MCC 12-13-14 and shall be fully vegetated with grass and trees. Sand, gravel or other non-vegetated surface materials shall not be used in open space lots, except as permitted under MCC 12-13-14. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. If the stonnwater detention facility cannot be incorporated into the approved open space and still meet the standards FP-05-051 Exhibit "A" Paramount Sub9 FP"doc Mayor & City Council Hearing Date: August 16, 2005 Page 3 ofMCC 12-13-14, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACHD, City of Meridian and all other regulatory requirements at the time of final construction. 8. Label the "Real Point of Beginning" on the face of the plat. 9. Complete the Certificate of Owners. 1 O. Graphically depict a 20-foot wide special street side setback on the following lots. The setback is needed to comply with Idaho Department of Environmental Quality, Catalog of Best Management Practices that requires 20-feet of separation between underground stonn drainage facilities and building foundations. A note on the plat shall be added that references this infonnation. a) Lots 2, 3,8 Block 17. b) Lots 4,5,6 Block 18. 11. Graphically depict a 5-foot wide Public Utilities, Drainage and Irrigation easement in the following locations. They will be interior lot lines to an existing phase. a) Northwest boundary of Lot 2, Block 17. b) Northwest boundary of Lots 22, 23; Block 18. c) Northwest boundary of Lot 15, Block 19. 12. Staff's failure to cite specific ordinance provisions or tenns of the approved development agreement, preliminary plat or conditional use permit does not relieve the Applicant of responsibility for compliance. GENERAL REOUIREMENTS I. 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 owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can't be obtained, alternative plans will be reviewed and approved by the meridian City Engineer prior to final plat signature. 2. Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 3. Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway FP-05-051 Exhibit "A" Paramount Sub9 FP.doc Mayor & City Council Hearing Date: August 16, 2005 Page 4 District and the Final Plat for this subdivision shall be recorded, prior to applying for building penuits. 4. All development improvements, including sewer, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 5. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as detennined during the plan review process, prior to signature on the final plat per Resolution 02-374. 6. 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. 7. All grading of the site shall be preformed in confonnance with MCC 11-12-3H. 8. One-hundred-watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections andlor fire hydrants. Final design locations and quantity are detenuined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior commencing installations. 9. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 10. Applicant's engineer will be required to submit a signed, stamped statement certifying that all street finish centerline elevations are set a minimum of three feet above the highest established normal groundwater elevation. 11. Coordinate fire hydrant placement with the city of Meridian Public Works department. 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. Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 14. All development features shall comply with the Americans with Disabilities Act and the Fair Housing Act. 15. Developer shall coordinate mailbox locations with the Meridian Post Office. 16. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that FP-05-051 Exhibit "A" Paramount Sub9 FP.doc Mayor & City Council Hearing Date: August 16, 2005 Page 5 were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be removed. STAFF RECOMMENDATION Staff recommends approval of the final plat for Paramount Subdivision No. 9 with the above stated comments and conditions. FP-05-051 Exhibit "A" Paramount Sub9 FP.doc Engineering North West, LLC 423 N. Ancestor Place, Suite 180 Boise, Idaho 83704 (208) 376-5000 0 Fax (208) 376-5556 August 16, 2005 Mayor and City Council City of Meridian 660 E. Watertower, Suite 200 Meridian~ ID 83642 Re: File No. FP-05-051 Paramount Subdivision No.9 I am writing on behalf of our client, Paramount Development, Inc. who has indicated. to us their acceptance of the conditions of approval as outlined by staff for the above referenced. Our response to the City's Site Specific Comments for this project is as follows: Citv o(Meridian - Conditions of ADDroval 1) All terms of the approved Preliminary Plat (pP-03-004), Conditional Use Pemtit (CUP-03-008 & MCU-05-001) and Development Agreement (Inst. No. 103137116) have been met 2) The Paramount Homeowner's Association will own and maintain the pressure irrigation system within this development. An irrigation well will be continued for use as a secondary source as in previous phases. 3) Agree 4) Sewer and water mains will be constructed through this phase of development. 5) Face of plat - Notes A note will be added to the plat calling out Lot 1, Block 31 as s common lot to be owned and maintained by the homeowner's association. . - - -- --~- --~Ma~.!IDlY-s...~~J'l~m~.J;::QmmLtjg 5PJ!!J~er wi~_sJtbmiU~-1o~~j~~M'_ __ . prior to signature by the City Engineer. 7) Storm Drainage is contained in the ACHD right of way and disposed of with infiltration trenches as approved be ACHD. 8) The Rea! Point of Beginning has been included on the plat. 9) The Certificate of Ownership has been completed; signed and notarized. 10) A 20-foot wide easement has been added to the following lots: Lots 2, 3, 8 Block 17 and Lots 4, 5, 6 Block 18 per DEQ Best Management Practices concerning underground storm drain facilities that require 20-foot separation between underground stann facitities and building foundations. A note 00 the face of the plat has been added in reference to this easement. II) A 5-foot wide Public Utilities, Drainage and Irrigation easement has been added to the following lots: Northwest boundary ofLat 2, Block 17. Northwest boundary of Lots 22 and 23, Block 18, and Northwest boundary of Lot 15, Block 19. 12) Agree Citv of Meridian - General Requirements 1) There are not any ditches that need to be relocated in this phase of the development. 2) Agree 3) Agree 4) Agree 5) Agree 6) There are no knovro. wells or septic systems within this phase. 7) Agree 8) Street lights will be installed per the City of Meridian Public Works Department requirements and will be at the subdivider's expense. " 9) No engineered backfill is required on this phase of the project. 10) Please see attached letter regarding depth of groundwater. 11) Fire hydrant locations have been coordinated and approved with the City of Meridian Public Works Department. 12) There are no 404 issues with this phase of the development. 13) Agree. 14) Agree. 15) Mailbox locations will be coordinated with the Meridian Post Office. 16) There are no existing trees located with in this phase of the development. Should you have any questions or need anything else feel free to give me a call. Thank you, ~~~- ---- rtP. Smith, P.E. Xc: Jay Walker, Brighton Development hhibil"B" CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of a Request for Conditional Use Permit Approval to Operate a Public Charter School out of an Existing Church in the L-O Zone, by Compass Public Charter School Case No(s): CUP-05-032 For the City Council Hearing Date of: August16, 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 967- 6509. The matter was duly considered by the City Council at the August 16,2005, public hearing(s). The applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction ofthe 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). 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 967-6509, 6512, and Meridian City Code 99 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit ofPubIication and Proof of Posting filed with the staff report. 3. Application and Property Facts CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S)" CUP-05-032 - PAGE I of 4 a. In addition to the application and property facts noted in the staff report and the Planning & Zoning Recommendation for the subject apphcation(s), it is hereby verified that the property owner(s) of record at the time of issuance of these findings is Cherry Lane Christian Church, Inc. 4. Required Findings per Zoning Ordinance a. See Exhibit D for the findings required for this application. 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 (LC. 967- 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 S 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 dated June 15, 2002 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 S 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 FINDlNGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-05-032 - PAGE 2 of 4 1. The applicant's Site Plan as evidenced by having submitted the Site Plan dated June 15, 2002 is hereby conditionally approved; and, 2. The Site Specific and Standard Conditions 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 pennit 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 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 ofthe 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 Iudicial Review may be filed. 2. Please take notice that this is a final action of the governing body ofthe City of Meridian, pursuant to Idaho Code 967-6521 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 ajudicial review as provided by Chapter 52, Title 67, Idaho Code. F. Exhibits Exhibit A: Legal Description CITY OF MERlDTAN FINDTNGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S), CUP-05-032 - PAGE 3 of 4 Exhibit B: Approved Site Plan Exhibit C: Site Specific and Standard Conditions Exhibit D: Conditional Use Permit Findings By ~n of tile City Council at its regular meeting held on the . aa.:r-!-, 2005. ! 6 ~ day of COUNCIL MEMBER SHAUN WARDLE VOTED~ VOTED~ COUNCIL MEMBER CHRISTINE DONNELL COUNCIL MEMBER CHARLIE ROUNTREE VOTED ~~ COUNCIL MEMBER KEITH BIRD VOTED~ MAYOR TAMMY de WEERD (TIE BREAKER) VOTED_ Attest: M~ 1\\llltllltllll \,\\\11 of ~IIII ,\ :'\'" ~~ 1/ ~", (} ,r;..~p~ ~///"\ i ~ ~o \ and City Attorney. By:jO~o AhUN'\. City Clerk's Office Dated: q; \1-0:; CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S)" CUP-05-032 - PAGE 4 of 4 >- ~ S I1J ~ Q~~ @ ~~i ~B~ OttO: ~~d ~ I1JZ I- ~~~ : :Iii: ,t,J ~~>- ;0 -:0: ~~ !J:~1 i5~ r.cto gjz 01-0 ~5 m~~ <u al-!: g: ~~ffi ~~ m~~ ~~ .J~Q ~n: ~n. l5~ ~ ~~ ffir: Zm :~ S.1 EXHIBIT A Compass Public Charter School CUP-05-032 Ul -.: -i Q L..- o ~ ~ ~ ~ 1- j~ ~~: 2 ~~t ::~~~~ ~m~ m zoCl:w::! ;~<0 :;;: E~~~~ I F!=z ~ l/I ~ ~ is ~ -a @ ~ ~ ~ ~~:~~ ~~~~ ~ ~~*II\l ,;1.J...~o u ~a~~:~i~~~ ~ ~~;~~i~i~~ ~ ~wo~~~<~<:l~ (t; ~~~8:~~<~~ ~ ~~~!n~~~;~E u i!:rog~oa.R~\iJ[;:j ~ !:Jgm~;:t;~~o~1;! ~ ~Q~~~~~mg~ ~ ~t~iEiE~~ti~~ r ~a~Q~~~~~Gf ~~~~~~~~g5 ~:~~jg~~iE~~ z~u 'fuI'lCl~@w iEffi~~te~~~5~ ?;~~~~~~ffii~ @g~3:gln~~w~ ~~~~~~~~~~ o';giE~~;:g<oa:: ~;,j~~~~;g~~ ~~~9PN~~~U 0~~~~~~~5;E g~~~~~~~~6 ,,~8g~miEfriiE[ w o I, W w II! ~ ~- z ~ ~ tI i:!: " 8 i~~!~~~ Q ~~~g:~5 ~. ~:~~I~:~ l:> ffi l!iltior:ioW15 I- ~ ~;;<~~~~ ~ g ~~~~s~~ o.~ 1-" ~~l5~S:~ii ~ ~ ;~~tJ~~~ ~ CI ~~i!~~~~ ~ ~ ~~~~~=~ tJ ~~- m~~~F5~ ~ ~z!iil-J=:' 00 6 ~g~a~~:~ ~ 0- ~~~=~;~~ i3 ~ ~~~~t?g:~ r ~ -. ~~;~~~:~ ;~~:g~~j~~ ~e8~~iE~~~~ lJI~~~~i513Q~W ~~~fj~~~:=; ~f5~~~~~83Li g~o:::iEiEo::CiG.._ If! .....IO~~ 'w<<~o ~~W~~~~I?~;;j .....I~i!::?;?;~w~i!:~ l:l~';;(~~~lg~~~ ~~~;:S~~~~g ~~8ai~~~:~g ..;QmiEQl-v]oa::o ~ 8~ ci~ <~ 1201 S~ ~~ u=> ~~ ~eJ O-Q 1-4 <(:J ~~ ~~ o w o ~~ ~ 8le ci~ <(S f20l ~g ~~ ZW 02 u:J z~ o III F~ ~~ I-Z ..(:? :~ (La:: wO fjl~ A-1 Legal Oescrlplioil EXHIBIT B Compass Public Charter School CUP-05-032 Approved Site Plan g ~~ - 00 ~ i~ ':-~i ! - S~ i'iH . = ~<S Z 0 I ' . Ej I ~ ~ Jl4E . " ~ ;, mtiijJ '..' ~~ i1i,J m.... ~ IP1 II i. ~ :p H~!~ J HUH 0 IH!; I i ~~"; I ~~ - . ~-1: I f 11~0$e$~ ~ ~ :~ u i! ~~ !iJ~ f~ ~' U ~~ ~~ G ~J ii "I ~ ~~ ~~ ~ ~ r ,~ ~ ~ z i 0 ~,."~-~._-~.."._--..~<--^.._"._".- CHERRY LANE CHRISTIAN CHURCH 2511 WEST CHERRY LANE MERIDIAN, JDAHO ~ A EXHIBIT C Compass Public Charter School CUP-05-032 Site Specific and Standard Conditions SITE SPECIFIC CONDITIONS OF APPROVAL (CUP) 1. All applicable conditions of the previously approved Conditional Use Pennit, CUP-02-037, and Rezone, RZ-02-003, and MI-05-005 shall also be considered conditions of the subject Conditional Use Pennit, CUP-05-032, application. 2. Any new school sign requires a separate sign permit in compliance with the sign ordinance and Planned Sign Program (MCC 11-14). Please contact City staff at 884-5533 for assistance with compiling a Planned Sign Program for this site. 3. The applicant shall comply with the City of Meridian noise ordinance (MCC 6-3- 6). 4. Comply with the conditions and comments of all City Departments, and other agencies. The applicant shall comply with all guidelines, regulations, requirements and pennitting processes required by any authorizing public agencies, including but not limited to: the Ada County Highway District, the State of Idaho, Idaho Power, the Meridian Fire Department, the Meridian Public Works Department, the Meridian Police Department, the Meridian Building Department, the Meridian Planning Department, and all other Meridian City Departments. 5. The applicant shall obtain any necessary permits from the City of Meridian Building Department. 6. The number of students per classroom shall comply with standards set by the International Fire Code. 7. The State Division of Building Safety shall review and approve this site for a school prior to operation. 8. Provide any additional landscaping and/or screening as required by the Commission and Council. 9. 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). 10. 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 fonn 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. 11. 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. 12. Operations shall conform to the requirements of the Americans with Disabilities Act. 13. 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. 14. The subiect Conditional Use Permit belom!:s to the subiect aoolicant and shall exoire when Como ass Public Charter School vacates the orooertv. OTHER AGENCY COMMENTS & CONDITIONS SANITARY SERVICE COMPANY 1. The applicant may want to upgrade dumpster size. 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. MERIDIAN FIRE DEPARTMENT 1. The applicant shall bring the buildings into compliance with the current national fire alarm code, including the fire alarm system, fire sprinklers and panic hardware. 2. All entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius. 3. The applicant shall bring the buildingslsite into compliance with the International Building Code and International Fire Code. EXHIBIT D Compass Public Charter School CUP-05-032 Conditional Use Permit Findings ST ANDARDS 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 fmd 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; The existing church sits on approximately four acres. The total square footage of the church is approximately 30,000 square feet. The school is proposing to lease approximately 17,096 square-feet for the school. This area will allow one classroom for each grade level, from Kindergarten to ih grade. A majority ofthe classrooms will be within the main (north) church building. The gymnasium, multi-purpose room, kitchen and a couple of additional classrooms will be used in the southern building. The existing buildings on this site comply with the setback (yard) requirements of the L-O zone. Meridian City Code does not require any open space for schools. Driveways, parking areas and landscaping improvements were recently made to this site. There are two vehicular access points to this site to Cherry Lane that serve 246 parking stalls. Meridian City Code requires two parking spaces for each classroom for the elementary, intennediate and junior high classrooms. One space is required for every ten children, plus one per staff member for the kindergarten class. The site has adequate parking for the proposed school use. Because the school will operate at different times than the church, City Council does not believe that patrons of either the church or the school will be displaced. Meridian City Code requires a 25-foot wide landscape buffer along Cherry Lane. There is currently a 30-foot wide (varies) landscape buffer adjacent to Cherry Lane. The Applicant is working with the Fire Marshall to bring the fire alarm system and other building code inadequacies up to current code. The only design standard that the proposed use does not meet is the lack of a buffer adjacent to the residential uses to the east and south. According to MCC 12-13-12-4, ElementarylMiddle Schools are a more intense use (Class II) than single-family residences (Class I). By code, a 20-foot wide landscape buffer is required between the two uses. There is a 20-foot wide landscape buffer and pathway on the east property line, but there is only a fence and minimal landscaping along the south and west property lines. Because landscaping was previously reviewed and approved for this site in 2002 and the proposed use is anticipated to last for only for one school year, City Council does not believe that additional landscape buffers should be required. City Council finds that the subject property is large enough to accommodate the required yards (setbacks), open spaces, parking, and other features required by the ordinance. The Council should determine if additional play areas are needed. 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 "Public/Quasi-Public". Chapter VII of the Comprehensive Plan defines Public, Quasi-Public and Open Space as areas designated to preserve and protect existing private, municipal, state, and federal land for area residents and visitors. These areas include neighborhood, community, and urban parks. Govenunent facilities, public and private schools, health care facilities, churches, utilities, park and recreational areas, and cemeteries are also considered public/quasi-public type uses. City Council finds that the proposed school use is hannonious with the public/quasi-public designation on the Future Land Use Map. MCC 11-8-1, Schedule of Use Control, allows for public schools through the conditional use process in the L-O zone. City Council finds that the requested public charter school is in compliance with the Comprehensive Plan and that if approved as a CUP the project will be in compliance with Meridian City Ordinances. 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 design and construction on this site has been previously reviewed and approved by the City. City Council finds that if the applicant complies with the conditions of the previous RZ-02-003 and CUP-02-027 and the conditions outlined in this report, then the operation and maintenance of a school should be compatible with other uses in the general neighborhood and with the existing and intended character of 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 finds that if the applicant complies with the conditions outlined in this report, the proposed school use wi11 not adversely affect other property in the area. The Council should rely upon any public testimony provided to detennine if the development will adversely affect 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 are currently provided to the subject site. The Ada County Highway District previously acted on RZ-02-003 and CUP-02- 027. The conditions, requirements and restrictions included with RZ-02-003 and CUP-02-027 also apply to CUP-05-032. On June 17,2005, a joint agency/department comments meeting was held with representatives of key service providers to this property. Based on the joint agency/department meeting and other comments received from other agenciesldepartments, City Council finds that the public services listed above can be made available to acconnnodate the proposed use. NOTE: The Meridian Fire Department did a walk-through on this site and found a few deficiencies with operating a school out of the existing buildings. The applicant wil1need to comply with any modificationslupgrades required by the Meridian Fire Department. The Council should reference any written andlor verbal testimony submitted by any public service provider, regarding their ability to adequately service this project. On June 21, 2005, the City Council approved the temporary use of the site for the proposed school. As part of that approval, the Council required the subject school site to obtain approval from the State Division of Building Safety prior to occupancy. City Council has included this condition from the previous Miscellaneous application within the subject CUP application (see Site Specific Condition # 7). Please note that although Council has approved the temporary use of the site, the record is clear that such approval did not guarantee approval of the subject conditional use permit. 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. Because the subject application is for a public school, any improvements that are required will ultimately be funded by the public. However, City Council finds there are not any excessive requirements and this use will not require substantial public funds. City Council further believes 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; City Council recognizes that traffic and noise will increase during the weekdays with the approval of a school in this location; however, City Council does not believe that the amount generated will be detrimental to the general welfare of the public. City Council does not anticipate the proposed use will create excessive noise, smoke, fumes, glare, or odors. City Council finds that the proposed public school use will not be detrimental to people, property or the general welfare of the area. The Council should rely on any and all public testimony when detennining if the activities on this site may be detrimental to nearby persons, property, or general welfare. 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 utilize two existing driveways off of Cherry Lane. ACHD considers vehicular approaches in their analysis ofprojects and has previously approved the driveway locations to this site. City Council does not believe that the proposed vehicular approaches will interfere with the traffic on the public streets. I. 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 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 subject Conditional Use Permit application. Any existing trees larger than 4" caliper that are removed, that the City Arborist deems necessary for mitigation, shall be mitigated for. MERIDIAN PLANNING & ZONING MEETING CUP 05-032 July 7,2005 ITEM NO. 23 APPLICANT Compass Public Charter School REQUEST Public Hearing - Conditional Use Permit approval for the operation of a public charter school in a L-Q zone for Compass Public Charter School - 2511 West Cherry Lane AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATIORNEY CITY POLICE DEPT: crTY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: SANITARY SERVICES: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SffiLERS'IRRIGATION: IDAHO POWER: INTERMOUNTAIN GAS: COMMENTS See attached Staff Comments No Comment y ~t~~l~~ ~~ (10 cAU lA)) No Comment OTHER: See affidavit of Posting 0JW~QW1A~ Date: 7/v(O-S Phone: 'j5?;;?- 9;5~i IJl"- Staff Initials: ~. Contacted: Emailed: Materials presented at publiC meetings shall become property of the City of Meridian. MAYOR Tammy de Weerd CITY HALL (208) 888-4433 CITY COUNCIL MEMBERS Keith Bird Christine Donnell Shaun Wardle Charres M. Rountree e:U'e~;:dian' t '" IDAHO ./} 1"'q,\ / r"l{~q~!8~ LEGAL DEPARTMENT (208) 888-4433 PUBLIC WORKS BUILDING DEPARTMENT (208) 898-5500 . Fax 898.9551 PLANNtNG AND ZONING DEPARTMENT (208) 884-5533 . Fax 888-6854 MEMORANDUM: Transmittal Date: June 30, 2005 P & Z Hearing Date: July 7,2005 To: Mayor, City Council and Planning & Zoning Commission From: Craig Hood, Associate City Planner 1'1/ Re: COMPASS Public Charter School CUP · Request for Conditional Use Permit (CUP) Approval to Operate a Public Charter School out of an Existing Church in the L-O zone, by Compass Public Charter School. (CUP-05-032) We have reviewed this submittal and offer the following comments and conditions of the applicant. These conditions shall be considered infitll, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY The applicant, Compass Public Charter School, has requested Conditional Use Permit (CUP) approval to operate a public charter school out of an existing church. The property is located on the south side of Cherry Lane, approximately 1h mile west of Linder Road. The address of the property is 2511 W. Cherry Lane. The property is currently zoned L-O (Limited Office). In 2002 the City approved a rezone of this property from R-4 to L-O (RZ-02-003). Conditional Use Permit (CUP) approval was also granted in 2002 to operate a preschool/private school out of the existing church (CUP-02-027). Title 11, Chapter 8 of Meridian City Code (MCC), Schedule of Use Control, requires all public schools in the L-O zone to obtain CUP approval. Further, a condition of CUP-02-027 was that CUP approval had to be granted prior to enrollment of kindergarten age students or older on this site. In compliance with MCC 11-8-1 and the conditions of CUP-02-027, the applicant has submitted a CUP application for the subject school use (CUP-05-032). NOTE: Because the school year starts in August and the CUP process usually takes about 4 months to complete, the applicant has previously been granted approval by the Council to operate a charter school on this site for one year (see MI-05-005). The lease area for the school is approximately 17,096 square-feet and includes classrooms, bathrooms, a gymnasium, and a multi-purpose room on the south end of the site. The anticipated enrollment is 240 students ranging from Kindergarten to 7th grade. Staff is recommending approval of the application with the conditions included herein. CUP.05-032 COMPASS Public Chmter School.CUP.doc Plmming & Zoning Commission/Mayor & City Council July 7,2005 (Hearing Date) Page 2 LOCATION & SURROUNDING USES The subject property is located on the south side of Cherry Lane, approximately 12 mile west of Linder Road, in Section 11, Township 3 North, Range 1 West. The following uses surround the subject site: North: Single-family homes (Sunnybrook Farms Subdivision), zoned R-4. East: Single-family homes (The Vineyards Subdivision), zoned R-4. West: Single-family homes (Haven Cove Subdivision), zoned R-4. South: Single-family homes (Haven Cove Subdivision), zoned R-4. OWNER OF RECORD The current property owner, Cherry Lane Christian Church, Inc., has submitted notarized consent for Compass Public Charter School to submit the subject application. 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 ifthey 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; The existing church sits on approximately four acres. The total square footage of the church is approximately 30,000 square feet. The school is proposing to lease approximately 17,096 square-feet for the schooL This area will allow one classroom for each grade level, from Kindergarten to 7th grade. A majority of the classrooms will be within the main (north) church building. The gymnasium, multi-purpose room, kitchen and a couple of additional classrooms will be used in the southern building. The existing buildings on this site comply with the setback (yard) requirements of the L-O zone. Meridian City Code does not require any open space for schools. Driveways, parking areas and landscaping improvements were recently made to this site. There are two vehicular access points to this site to Cherry Lane that serve 246 parking stalls. Meridian City Code requires two parking spaces for each classroom for the elementary, intermediate and junior high classrooms. One space is required for every ten children, plus one per staff member for the kindergarten class. The site has adequate parking for the proposed school use. Because the school will operate at different times than the church, staff does not believe that patrons of either the church or the school will be displaced. Meridian City Code requires a 25-foot wide landscape buffer along Cherry Lane. There is CUP-05-032 COMPASS Pub~c Chmter School.CUP"doc Planning & Zoning Commission/Mayor & City Council July 7,2005 (Hearing Date) Page 3 currently a 30-foot wide (varies) landscape buffer adjacent to Cherry Lane. The Applicant is working with the Fire Marshall to bring the fire alarm system and other building code inadequacies up to current code. The only design standard that the proposed use does not meet is the lack of a buffer adjacent to the residential uses to the east and south. According to MCC 12-13-12-4, Elementary/Middle Schools are a more intense use (Class II) than single-family residences (Class I). By code, a 20-foot wide landscape buffer is required between the two uses. There is a 20-foot wide landscape buffer and pathway on the east property line, but there is only a fence and minimal landscaping along the south and west property lines. Because landscaping was previously reviewed and approved for this site in 2002 and the proposed use is anticipated to last for only for one school year, staff does not believe that additional landscape buffers should be required. See Special Consideration #1 below. Staff finds that the subject property is large enough to accommodate the required yards (setbacks), open spaces, parking, and other features required by the ordinance. The Commission and Council should determine if additional landscape buffers and/or screening should be required along the south andlor west property lines. Although Meridian City Code does not require play areas for schools, staff is concerned that there may be insufficient play area for the children other than the parking lot areas. The Commission and Council should determine if additional play areas are needed. 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 "Public/Quasi- Public". Chapter VII of the Comprehensive Plan defines Public, Quasi-Public and Open Space as areas designated to preserve and protect existing private, municipal, state, and federal land for area residents and visitors. Theses areas include neighborhood, community, and urban parks. Government facilities, public and private schools, health care facilities, churches, utilities, park and recreational areas, and cemeteries are also considered public/quasi-public type uses. Staff finds that the proposed school use is harmonious with the public/quasi-public designation on the Future Land Use Map. MCC 11-8-1, Schedule of Use Control, allows for public schools through the conditional use process in the L-O zone. Staff finds that the requested public charter school is in compliance with the Comprehensive Plan and that if approved as a CUP the project will be in compliance with Meridian City Ordinances. 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; CUP-05-032 COMPASS Public Charter School.CUP.doc Planning & Zoning Commission/Mayor & City Council July 7, 2005 (Hearing Date) Page 4 The design and construction on this site has been previously reviewed and approved by the City. Staff finds that if the applicant complies with the conditions of the previous RZ- 02-003 and CUP-02-027 and the conditions outlined in this report, then the operation and maintenance of a school should be compatible with other uses in the general neighborhood and with the existing and intended character of 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; Staff finds that if the applicant complies with the conditions outlined in this report, the proposed school use will not adversely affect other property in the area. The Commission and Council should rely upon any public testimony provided to determine if the development will adversely affect 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 are currently provided to the subject site. The Ada County Highway District previously acted on RZ-02-003 and CUP-02-027. The conditions, requirements and restrictions included with RZ-02-003 and CUP-02-027 also apply to CUP-05-032. On June 17,2005, a joint agency/department comments meeting was held with representatives of key service providers to this property (see end of staff report for comments). Based on the joint agency/department meeting and other comments received from other agencies/departments, staff finds that the public services listed above can be made available to accommodate the proposed use. NOTE: The Meridian Fire Department did a walk-through on this site and found a few deficiencies with operating a school out of the existing buildings. The applicant will need to comply with any modifications/upgrades required by the Meridian Fire Department. The Commission and Council should reference any written andlor verbal testimony submitted by any public service provider, regarding their ability to adequately service this project. On June 21, 2005, the City Council approved the temporary use of the site for the proposed school. As part of that approval, the Council required the subject school site to obtain approval from the State Division of Building Safety prior to occupancy. Staffhas included this condition from previous Miscellaneous application within the subject CUP application (see Site Specific Condition # 7). Please note that although Council has approved the temporary use of the site, the record is clear that such approval did not CUP-OS.032 COMPASS Public Charter School.CUP.doc Planning & Zoning Commission/Mayor & City Council July 7,2005 (Hearing Date) Page 5 guarantee approval of the conditional use pennit. 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. Because the subject application is for a public school, any improvements that are required will ultimately be funded by the public. However, staff finds there are not any excessive requirements and this use will not require substantial public funds. Stafffurtherbelieves 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; Staff recognizes that traffic and noise will increase during the weekdays with the approval of a school in this location; however, staff does not believe that the amount generated will be detrimental to the general welfare of the public. Staff does not anticipate the proposed use will create excessive noise, smoke, fumes, glare, or odors (see Special Consideration #1). Staff finds that the proposed public school use will not be detrimental to people, property or the general welfare of the area. Staff recommends that the Commission and Council rely on any and all public testimony when determining ifthe activities on this site may be detrimental to nearby persons, property, or general welfare. H. That the proposed use will have vehicular approaches to the property which shall he so designed as not to create an interference with traffic on surrounding public streets; The applicant is proposing to utilize two existing driveways off of Cherry Lane. ACHD considers vehicular approaches in their analysis of projects and has previously approved the driveway locations to this site. Staff does not believe that the proposed vehicular approaches will interfere with the traffic on the public streets. I. 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 subject Conditional Use Permit application. Any existing trees larger than 4" caliper that are removed, that the City Arborist deems necessary for mitigation, shall be mitigated for. CUP-05.032 COMPASS Public Charter School.CUP.doc Planning & Zoning Commission/Mayor & City Council July 7,2005 (Hearing Date) Page 6 SPECIAL CONSIDERATIONS 1. Noise: The applicant has told staff that the school will hold recess on the south side of the property. This area is largely paved and does not include a large buffer area adjacent to the single-family homes. According to MCC 12-13-12-4, Elementary/Middle Schools are a more intense use (Class II) than single-family residences (Class I). By code, a 20-foot wide landscape buffer is required between the two uses. There is a 20-foot wide landscape buffer and pathway on the east property line, but there is only a fence and minimal landscaping along the south and west property lines. There are gates that can be closed on the driveways during recess, but this does not account for the noise. Staff does not believe that the temporary operation of a charter school should produce excessive noise and that the existing landscaping and fencing should provide an adequate buffer for the proposed school. Further, the installation of landscaping this year will not provide much of a sound barrier for the adjacent properties. It will take several years for the landscaping to mature and provide an effective buffer. Staff recognizes that outdoor recess may produce louder noises than neighbors are used to hearing. Therefore, staff reconunends that the Commission and Citv Council detennine if the ooeration of a charter school will Droduce excessive noise and if additional buffering or restrictions are necessarv to reduce noise levels. See Site Soecific Conditions #3 and #8 below. SITE SPECIFIC CONDITIONS OF APPROVAL (CUP) 1. All applicable conditions of the previously approved Conditional Use Permit, CUP-02- 037, and Rezone, RZ-02-003, and MI-05-005 shall also be considered conditions of the subject Conditional Use Penuit, CUP-05-032, application. 2. Any new school sign requires a separate sign permit in compliance with the sign ordinance and Planned Sign Program (MCC 11-14). Please contact City staff at 884-5533 for assistance with compiling a Planned Sign Program for this site. 3. The applicant shall comply with the City of Meridian noise ordinance (MCC 6-3-6). 4. Comply with the conditions and comments of all City Departments, and other agencies. The applicant shall comply with aU guidelines, regulations, requirements and permitting processes required by any authorizing public agencies, including but not limited to: the Ada County Highway District, the State of Idaho, Idaho Power, the Meridian Fire Department, the Meridian Public Works Department, the Meridian Police Department, the Meridian Building Department, the Meridian Planning Department, and all other Meridian City Departments. 5. The applicant shall obtain any necessary permits from the City of Meridian Building Department. CUP-05-032 COMPASS Public Charter School.CUP"doc Planning & Zoning Commission/Mayor & City Council July 7,2005 (Hearing Date) Page 7 6. The number of students per classroom shall comply with standards set by the International Fire Code. 7. The State Division of Building Safety shall review and approve this site for a school prior to operation. 8. Provide any additional landscaping andlor screening as required by the Commission and Council. 9. 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). 10. 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. 11. 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. 12. Operations shall conform to the requirements of the Americans with Disabilities Act. 13. Applicant's (or successor's) failure to comply with any of the tenns of approval of the conditional use permit shall be cause for revocation of the conditional use permit. OTHER AGENCY COMMENTS & CONDITIONS SANITARY SERVICE COMPANY 1. The applicant may want to upgrade dumpster size. 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. MERIDIAN FIRE DEPARTMENT 1. The applicant shall bring the buildings into compliance with the current national fire alarm code, including the fire alarm system, fire sprinklers and panic hardware. 2. All entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius. CUP-05-032 COMPASS Public Chatter School.CUP.doc Planning & Zoning Commission/Mayor & City Council July 7,2005 (Heming Date) Page 8 3. The applicant shall bring the buildings/site into compliance with the International Building Code and International Fire Code. RECOMMENDATION Staff recommends approval ofthe subject Conditional Use Permit (CUP-OS-032) application with the aforementioned conditions. CUP-05-032 COMPASS Public Charter School.CUP.doc CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the M.atter of a request Annexation and Zoning of 5.47 acres from RUT (Ada County) to R-4 (Low Density Residential) for Meridian High School, by Hummel Architects. Case No(s): RZ- 05-025 For the City Council Hearing Date of: August 16, 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 ofthe 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 August 16, 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 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). RZ-05-008 - PAGE I of 4 verified that the property owner(s) of record at the time of issuance of these findings is Joint School District No.2. 4. Required Findings per Zoning and Subdivision Ordinance a. See Exhibit D for the findings required for this application. 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 (tC. S67- 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 S 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 dated April 14, 2005 as shown in Exhibit B and the Site Specific and Standard Comments 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 So 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The Site Specific and Standard Comments are as shown in Exhibit C. E. Notice of Final Action and Right to Regulatory Takings Analysis CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S), RZ-05-008 - PAGE 2 of 4 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. F. Exhibits Exhibit A: Legal Description Exhibit B: Site Plan (4/14/05) Exhibit C: Site Specific Comments Exhibit D: Zoning Amendment Findings By action ofthe City Council at its regular meeting held on the /P1 J-f.A r-f- ,2005. / b 75- day of COUNCIL MEMBER SHAUN WARDLE VOTED~ VOTED~ COUNCIL MEMBER CHRISTINE DONNELL COUNCIL MEMBER CHARLIE ROUNTREE VOTED ~k-i-- COUNCIL MEMBER KEITH BIRD VOTED~ MAYOR TAMMY deWEERD (TIE BREAKER) VOTED_ Attest: CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S), RZ-05-008 - PAGE 3 of4 Copy served upon Applicant, The Planning and Zoning Department, Public Works Depaliment and City Attorney. By: j(.!d':l Q .,)111 II IV'- City Clerk's Office Dated: 8'-\1-05 CITY OF MERIDIAN FrNDlNGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-05-008 - PAGE 4 of 4 EXHIBIT A Meridian High School AZ-OS-025 Legal Description FOX Land Surveys~ Inc. 4696 Overfand Rd. STE 162 ~ Boise Idaho ~ 83705 ~ 208-342-7057 .1208-342-7437 FAX MERIDIAN HIGH SCHOOL ANNEXA T(ON DESCRIPTION A PORTION OF SECTION 11. TOWNSHIP 3 NORTH, RANGE 1 WesT, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO A portion of Section 11, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, more particularly described as follows; Commencing at the found Aluminum Cap Monument marking the East X Comer of said Section 11, from which the found Brass Cap Monument marking the Center thereof bears North 89Q11'16" West. a distance of 2,655.19 feet; thence along the East-West Center line of said Section 11, North 89"11'16" West, a distance of 1,326.35 feet to a point; thence leaving said Center line, North OOQ42'18" East (formerly North OQQ02' East), a distance of 264.28 feet (formerly 265.20 feet) to the TRUE POINT OF BEGINNING; thence North 89619'15" West (formerly South 89630' West), a distance of 152.90 feet (formerly 153.60 feet) to a found ~ inch rebar with no cap; thence North 76Q45'09" West (formerly North 77"39' West), a distance of 94.55 feet (formerly 95.10 feet) to a found ~ inch rebar with no cap; thence North 83Q30'SS" West (formerly North 84633' West), a distance of 218.71 feet to a found % inch rebar with illegible plastic cap; ~~~':;:I~~~~~~0~~f~~r~a~tO(~6~Zl~~~hC8b~2<;~~~),c~~~~~~~~~~t~~~~: or less, to a point on the center Hne of an irrigation ditch; thence along said center line the following courses and distances: South 72Q25'43" East (formerly South 73024'30" East), a distance of 88.70 feet (formerly 88.16 feet) more or less to a point; South 82647' 13" East (formerly South 83Q46' East), a distance of 69.43 feet (formeriy 69.01 feet) more or less to a point; South 71Q56'43" East (formerly South 72"55'30" East), a distance of 44.49 feet (formerly 44.22 feet) more or less to a point; South OOQ 42'18" West (formerly South 00.02' West), a distance of 19.71 feet more or less to a found disturbed 5/8 inch rebar; South 71 048'20u East, a distance of 95.39 feet (formerly 96.12 feet) more or less to a point South 64031 '20" East, a distance of 139.76 feet (formerly 140.82 feet) more or less to a point; South 81008'20" East, a distance of 49.07 feet (formerly 49.44 feet) more or less to a found spike; Thence leaving said center line, South 00042'18u West, a distance of 447.96 feet (fonnerly 445.54 feet) more or less to the TRUE POINT OF BEGINNING. Containing 238,277 square feet (5.470 acres), more or less. Subject to eXisting easements and rights-of-way as any may exist, of record or not of record. It is the intention of this description to include aU of the property described in Warranty Deed Instrument Number 7913614. Iimotll"tJ. F~x, PLS 7612 TJF;Ioj W;\PRO.lECTlro:OOS'C~-o23.PRJlpROJ'ECl\DeocripIJllMI323ANNEXD..sc.OOC END OF DESCRIPTION ~~Jfo.~ .'iI:.Hi01AN PUBLIC WORKS DEPT, " o X r )> Z o (j) C :;::OU1 <~ jTJ I ~~ ~ ~ ZO 0Z5 t>-OOllEC)~01 ~~~ ~ ~ ~ ~ ~ ~ zp; 0 0 0 0 0 0 G>> U1 ~ (J) "0 > m g8d{~~:~~ Z-U::U~ ~~Ul 001"11"1 rCo g~ ~ ~ ~ ~ ~ l4 r-------- r-I G.t I -------- L12 RD. !:r rr rr rr .- S~ 0(0 (XI-..J m (}1 ~l.A ~!:~ Ul(J) enUl U1VJ ~~ ZZ ~~ mC: Ocn OJ-...,j 8:::t OCXI Oleo rr1Z o~ ~~ NN ~~ )>1Tl t!'5g ~~ ~rJ t;iii -...!O> a;!-\ "':t-5 ~~ ~~ ~~ "':01 0"": Z)> CXI0 (XI 01 tOO> GJ~ irri rrf:l ii ~~ r ~~ ~E ~~ mil) ~~~ lD .p. lDeD l~ is t~ It-> ~ ~-..J ~lD O>~ U1:g~ ! 'I~ I I G) I I ~ I I 0 I z -l (j) [ ;< ~l.IJ)> 'I"1Z ~oz R~~ ~~~ ~ ~ R~R~b" " BY I~ EXHIBIT B Meridian High School AZ-OS-025 I I!; ~ ~~~ l..nB:E; 2 -~~-ll a I ' I i II ! 5 ~ ~i ~ ~ on a EXHIBIT C Meridian High School AZ-05-025 Site Specific Comments ANEXATION AND ZONING COMMENTS 1. The legal description submitted with the application appears to meet the requirements of the City of Meridian and State Tax Commission and places the parcel contiguous to existing city limits 2. The requested zoning ofR-4 is compatible with Meridian Comprehensive Plan. 3. The subject property is within the Urban Service Planning Area. Essential City services are or will be available to the subject property. 4. Any existing domestic wells andlor septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non- domestic purposes such as landscape irrigation. 5. Future development of this property as a High School shall be in compliance with City of Meridian development ordinances in place at the time of development. 6. The applicant shall be required to pay Public Works development plan review and construction inspections fees, as determined during the plan review process, prior to signature on the final plat per resolution 02-374. 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 shaH be responsible for application and compliance with any NPDES Permitting that may be required by the Environmental 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 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 shall be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. Iflateral users association approval can't be obtained, alternate plans shall be reviewed and approved the Meridian City Engineer prior to final plat signature. 11. 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. 12. Sewer and water service are readily available to this site. The applicant shall be responsible to install all mains necessary to provide service, coordinate main sizing and routing with Public Works. EXHIBIT D Meridian High School AZ-05-025 Required Findings ANNEXATION & ZONING ANALYSIS According to Ordinance 11-15-11, General Standards Applicable to Zoning Amendments, both the P&Z Commission and Council are required "to review the particular facts and circumstances of each proposed zoning amendment in terms of the following standards and shall find adequate evidence answering the following questions about the proposed zoning amendment. H The following is the list of standards found in 11-15-11 and analysis by staff: A. Will the new zoning be harmonious with and in accordance with the Comprehensive Plan and, if not, has there been an application for a Comprehensive Plan amendment; The subject property is designated as "Public/Quasi Public" on the Future Land Use Map. City Council finds that the requested zoning designation, R-4, is appropriate for a public school use and therefore is harmonious with and in accordance with the adopted Comprehensive Plan and Future Land Use Map. The proposed use as a high school is a permitted use in the R-4 Zone, per the Zoning Schedule of Use Control in MCC 11-8-1. B. Has there been a change in the area or adjacent areas which may dictate that the area should be rezoned. For example, have the streets been widened, new railroad access been developed or planned or adjacent area being developed in a fashion similar to the proposed rezone area; Surrounding properties include vacant rural properties, a church, and the existing high school campus. The subject is parcel is "landlocked" with no frontage or access on a public street. The land to the east has been developed as the existing high school campus and the inclusion of the subject parcel in that development is a reasonable expansion of the school property. The School District also owns a larger parcel immediately to the north of the subject property, which is planned for another future expansion of the campus, making the Current proposal harmonious with the future character of the area. City Council finds that the requested zoning designation of R-4 for a high school will be harmonious with the existing and future developments. C. Will the proposed uses be designed, constructed, operated and maintained to he harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; City Council finds that the proposed use (high school) will not change the existing or intended character of the area. See discussion under "B" above. D. Will the proposed uses not be hazardous or disturbing to existing or future neighboring uses; City Council finds that the proposed uses will not be hazardous or disturbing to future or existing neighbors. See discussion under "B" above. E. Will the area be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed zoning amendment shall be able to provide adequately any of such services; City Council finds that the property to be annexed will be served adequately by all essential public facilities and services. F. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; City Council finds that there will not be excessive additional requirements at public cost and that the annexation and zoning will not be detrimental to the community's economic welfare. G. Will the proposed uses not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; City Council does not anticipate that the proposed additions to the high school campus will create additional traffic in the general area. The existing high school has created traffic and this addition will not increase the volume of that traffic. City Council also finds that the proposed high school campus addition will not create excessive noise or other nuisances that would be detrimental to the general welfare of the surrounding area. H. Will the area have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; The subject parcel does not have frontage on, or access to, any public street. The inclusion of the parcel in the high school campus is the only reasonable development of the property and will not create interference with traffic on surrounding streets. Please refer to ACHD report for specific traffic discussion and see discussion under "0" above. I. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and City Council finds that no natural or scenic features of major importance will be lost or damaged by approving the annexation and re-zone. Any existing trees larger than 4" caliper that are removed shall be mitigated for, per the Landscape Ordinance. J. Is the proposed zoning amendment in the best interest of the City of Meridian. (Ord. 592, 11-17-1992)" City Council finds that the annexation ofthis property would be in the best interest of the City. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the matter of the Request for Vacation of a 16 foot right-of-way on Lots 1-9, Block 1 of the Amended Plat of the Townsite of Meridian, by Zeke Johnson. Case No(s). V AC-05-010 For the City Council Hearing Date of: August 16, 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 August 16, 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 g67-6509, 6512, and Meridian City Code ~g 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-05-0IO- PAGE I verified that the propeliy owner(s) of record at the time of issuance of these findings is Amyx Family Limited Pminership. B. Conclusions of Law 1. Easements shall be vacated in the same manner as streets. {LC. S 50-1325}. 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. S 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 ofthe 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 ofthe 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 (3001) 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 Comprehensi ve Development Plan, or the dedication of streets, rights of way or easements to be shown on a recorded subdivision. CITY OF MERIDIAN FINDrNGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). V AC-05-0 I 0- PAGE 2 2. Administrator Action: Upon receipt ofthe 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. 1. 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 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 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 S 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 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-05-0JO- PAGE 3 7. That the City has granted an order of approval in accordance with this Decision, which shan 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. 16 foot right-of-way on Lots 1-9, Block 1 of the Amended Plat of the Townsite of Meridian 9. The Applicant is requesting the vacation of the easements so that owners may not be encumbered by non-utilized easements. 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. 16 foot right-of-way on Lots 1-9, Block 1 of the Amended Plat of the Townsite of Meridian 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 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 g 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 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). V AC.05-0IO- PAGE 4 this decision and order seek ajudicial review as provided by Chapter 52, Title 67, Idaho Code. By ~~e City Council at its regular meeting held on the .f- , 2005. /,6 -If::. day of COUNCIL MEMBER SHAUN WARDLE VOTED~ VOTED~ COUNCIL MEMBER CHRISTINE DONNELL COUNCIL MEMBER CHARLIE ROUNTREE VOTED ;J$~ COUNCIL MEMBER KEITH BIRD VOTED~ MA YOR TAMMY de WEERD (TIE BREAKER) VOTED---===- Attest: and City Attorney. BJ I.h (\ fl\\.lllV"' . y Clerk's Office Dated: ~"ll.-o::; CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). V AC-05-0 I 0- PAGE 5 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter ofVJ Joint Ventures, A Request for a Rezone of 4.5 acres from I-L to C-G zone and a Preliminary Plat for 15 commercial and industrial lots. Case No(s). RZ-05-009, PP-05-026 For the City Council Hearing Date of: August 16, 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 August 16, 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 S~ 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). RZ-05-009, PP-05-026 - PAGE 1 of 4 velified that the property owner(s) of record at the time of issuance of these findings are VI Joint Ventures, Ronald Van Auker. 4. Required Findings per Zoning and Subdivision Ordinance a. See Exhibits C and D for the findings required for each type of application. 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. g67- 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 ofthe 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 g 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, Stamped by Todd R. Waite on May 192005 the Preliminary Plat Dated May 18,2005 as shown in Exhibit B, and Site Specific and Standard Conditions of Approval in Exhibit E. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code g 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: I. The applicant's rezone as evidenced by having submitted the Survey and Legal Description in Exhibit A is hereby conditionally approved; and 2. The site specific and standard conditions of approval are as shown in Exhibit E. D. Notice of Applicable Time Limits CITY OF MERIDiAN FINDiNGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZw05-009, PP-05-026 - PAGE 2 of 4 1. Notice of Twelve (12) Month Preliminary Plat Duration Please take notice that after the date of approval of the preliminary plat, the owner or developer shall have one year within which to file the request for approval of the final plat. After approval of final plat, the owner or developer shall have one year to begin construction of the public utilities and one year thereafter to complete construction of those public facilities. (MCC 12-2-4.B & C.) 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 ofthe 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 - Survey Exhibit B: Approved Preliminary Plat Exhibit C: Findings Zoning/Rezone Exhibit D: Findings Preliminary Plat Exhibit E: Standard and Site Specific Conditions of Approval By action ofthe City Council at its regular meeting held on the \ lifl-h day of A\ ',3llC' t ; ,2005. COUNCIL MEMBER SHAUN WARDLE VOTED~ COUNCIL MEMBER CHRISTINE DONNELL VOTED--Lf-iL COUNCIL MEMBER CHARLIE ROUNTREE VOTED J1bsLL~ COUNCIL MEMBER KEITH BIRD VOTED~ CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NOeS). RZ-05-009, PP-05-026 - PAGE 3 of 4 MAYOR TAMMY de WEERD (TIE BREAKER) VOTED_ and City Attorney. By; ~()j, ~ m lll-, W\'V City Clerk's Office Dated: Q-l.iJ.5 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-05-009, PP-OS-026 - PAGE 4 of4 EXHIBIT A Porky Park :az..05-009 Legal Description/Survey claiborn .A waite consulting~ engineers 11< surveyors 146] S. T=MClluo Meridian, Idaho 83642 (208) 288-2693 Fa" (208) 884-8002 May 19, 200S REZONE FROM IL TO CG DESCRIPTION FOR PORKY PARK SUBDIVISION A p;lI'OCl of land localed in Uw Soulh 112 orScotion 9, T.~N., R.lE., 8.1\1., Meridian, Ada County, Idaho, and being more PIII'licularly dCllCribcd lllJ foflo"" COll1mOll<:ing DIll", W... 1/4 comer ofsajd Section 9, from \\fdeh the Southwesl comer of .aid SooIiotl9 bear. S 00"00'Q9" W, 2650.01 feet; thence N 89"10'47" E"]OOZ the Nortl, bound.ry of said South 112. ??0o being the centerline orE Pine Ave, fO; a diS!lUlQl of30ltsl ~tothe REAL POINT OF BEGINNING; ilia"", continuing N 8901ll'n" E along the North boundary of said South 112, nIso being tI'e ccn1crlino ofE. Pine Ave. for a d~ of 525.05 feet; tI,Oll<:O leaving said North boondaty and O\Jlllcrlin. S 00'00'09" W for a distaocc of 424.29 f<:ct 10 a painl 011 U", North boundary ofCOll1Il1oreo Pari< Subdivilron as recorded in Book 45 of I'll US, Pag03721, Ada County RL"onkr; thcno: along tho North bound:uy of said Commorco Pall< Subdivi.;OI1 for lho foflowing 4 courses: U"""", N 88"25'S8" W tor a dii'laJiCO of78.04 feet; thence S 83"20'52" W for a dimncc of220.22 fOCI; thcnccS 43"Zo'STW ror a distanccofl2.13 fix.1; t1"".. N 87"54'44" W fora di5tUlcc of2]8.66 foct; thence leaVing said North boundary N 00'00'09" E for a di>li1nce of 42U3 fOOlo!he PO]NT OF BEGINNING; COIl"'i"i"g 5 .12 acres of land. more or less. Prep.red hy: Todd R, Waile P.lS \\SpudJlpToje-cIS\EAGLE lk PfNE[22~2)lDocu"'cnl.IREZONE&:.c"d""_1 Porky Park Subdivision Exhibit A EXHmIT B Porky Park Subdivision PP-05-026 Porky Park Sub Exhibit B EXHIBIT C Porky Park Subdivision RZ-05-009 Required Findings for Zoning Amendment STANDARDS FOR ZONING AMENDMENT The Commission and Council shall review the particular facts and circumstances of each proposed zoning amendment in terms of the following standards and shall find adequate evidence answering the following questions about the proposed zoning amendment (11-15-11): A. Will the new zoning be harmonious with and in accordance with the Comprehensive Plan and, if not, has there been an application for a Comprehensive plan amendment; This property is designated "Mixed Use - Regional" on the Comprehensive Plan Future Land Use Map. The Mixed Use comprehensive plan designations provides for a combination of compatible land uses that are typically developed under a master or conceptual plan. All development within this designation will occur only under the Conditional Use Permit process, except the Mixed Use-Regional (see below). Where mixed use developments are phased, a conceptual site plan for the entire mixed use area is encouraged with the development application or, depending on the scope of the development, prior to a formal development application being submitted. The following standards will apply to this category: No upper limit of non-residential use.s Over 200,000 sq. ft. of non-residential building area; CUP application would not be needed unless a project lies within 300 feet of an existing residence or school or CUP is otherwise required per ordinance; Residential density of 3 to 40 units/acre. Sample uses include: All MU-N and MU-C categories, entertainment uses, major employment centers, clean industry. Meridian City Code (MCC) 11-7-2.1. states the purpose of the C-G district is "to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need of travel-related services as well as retail sales for the transient and pennanent motoring public." The following Comprehensive Plan policies also SUDDort the annexation and proposed retail/fuel service use: · "Permit new. . . commercial developments only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City." (Chapter IV, pg. 26, Goal I, Obj. A, #6) Porky Park Subdivision Exhibit C Sanitary sewer, municipal water, solid waste and other services exist to this area of Meridian. · "Require all new parking lots to provide landscaping in internal islands." (Chapter V, pg. 43, Goal III, Obj. D, #3) The Site Plan submitted with the CUP application for this property shall show internal planters, as required. · "Locate new community commercial areas on arterials. . .near residential areas in such a way as to complement with adjoining residential areas." (Chapter VII, pg. 43, Goal III, Obj. D, #3) The proposed commercial uses are located closest to the intersection of a minor arterial roadway and a state highway. A 25-foot wide street buffer is shown along Pine Ave and a 35- foot wide street buffer is shown along Eagle Road SH55, designed in part to mitigate potential negative impacts upon the vehicular traffic on Eagle Road. · "Restrict curb cuts and access points on collectors and arterial streets." (Chapter VII, pg. 107, Goal IV, Obj. D, #2) Access to Pine Ave, including right-in/right-out and shared accesses allowing travel towards the west/Eagle Road are subject to the conditions of ACHD. A cross access agreement within the properties at the future property boundaries will be required so the cuts can be shared with adjacent development. In addition, access to Eagle Road is prohibited in compliance with lTD. Staff finds that the requested General Commercial (C-G) zoning designation is in accord with the Comprehensive Plan, the Future Land Use Map, and the Mixed Use-Regional designation. B. Is the area included in the zoning amendment intended to be re-zoned in the future; Staff finds that the proposed rezone and accompanying development plans comply with the requested zone and staff does not anticipate that the property will be rezoned in the future. The properties requesting commercial zoning meet the requirements of a commercial/retail comprehensive designation and are adjacent to an existing commercial development to the north. The industrial use development east of the commercial phase is consistent with the development of warehousing and wholesale production and sales which are located to the south of the property. A Master or Concept plan for the 27.59 acres has been submitted consistent with the development agreement for the rezone of the Jacksons Food store (RZ-05-004) to address the future of rezoning on the subject property. C. Is the area included in the zoning amendment intended to be developed in the fashion that would be allowed under the new zoning; Staff finds that the applicant has submitted detailed development plans for the mixed uses on the property. Staff further finds that the convenience store use, proposed hotel, and proposed light industrial businesses are allowed within the appropriate zoning designations in this mixed use area. D. Has there been a change in the area or adjacent areas which may dictate that the area should be rezoned; Staff finds that the immediate vicinity is a mix of undeveloped parcels that are designated for a mix of uses in the future, existing urban density residential uses (Meridian Crossroads), and property annexed and zoned as commercial and industrial property. The southwest corner of Eagle and Pine (approx. 62 acres) was annexed and zoned C-G (General Commercial) in February 2005 as part of the Ten Mile Development planned development. Immediately south of the parcel is an industrial subdivision with warehousing/sales/various industrial uses. The widening of Pine A venue to five lanes, the construction of the middle School east of the site, the signalization of the intersection, and the Eagle/I-84 on ramp are all indicators of a need for a mix of commercial services in the area. The proposal is consistent with adjacent uses in the City of Meridian and to the east in the City of Boise. E. Will the proposed uses be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; Staff finds that the proposed development is designed in a manner that will be harmonious with and appropriate in appearance with the existing neighborhood. The approved retail/fuel service/auto washing facilities on proposed Lot 1, Block 1 are listed uses in harmony with the intended uses in the C-G district and received approval on May. The eastern edge of the proposed Jacksons Food Store development (Pine Ave western entrance driveway) is approximately 207 feet east of the 2-acre site, requiring a cross access agreement to be entered into. The application does not indicate potential future uses on the eastern remainder of the 27.59 acre parceL However, any future use will be consistent with the existing zoning or only allowed through a public hearing/CUP or platting process in compliance with the Future Land Use Map. The landscaped street buffers, lighting standards and building setbacks as required by the Zoning Ordinance are intended to ease impacts of these commercial and industrial uses on nearby residences. F. Will not be hazardous or disturbing to existing or future neighboring uses; 4 Staff finds that the requested annexation and zoning to C-G should not be disturbing to existing or future neighboring uses. Any future change of use on the property that may have a significant impact on the surrounding properties will require conditional use approval under current ordinances, and adjoining property owners will have an opportunity to comment. Staff anticipates that the proposed commercial use will not be hazardous or disturbing to the neighboring uses as long as lighting and noise ordinances are adhered to. The Commission and Council should consider all public testimony, oral and written, before making this finding. G. 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 service; Staff finds that the proposed uses can be adequately served by all essential public services and facilities. Drainage will need to be retained on site. H. 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; Staff finds that the requested uses will not create excessive additional requirements at public costs for public facilities and services. Additionally, staff finds that the proposed rezone would not be detrimental to the economic welfare of the community. I. Will not involve uses, activities, processes, materials, equipment, and conditions 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 finds that the proposed C-G zoning of the property does not inherently allow uses that will generate activities, processes, materials, equipment, and conditions that are detrimental to the general welfare of the community. Permitted uses in the C-G zone include gas stations facilities, banks, professional offices, clinics, dry cleaning, hotels, restaurants and retail stores. However, as noted above, all future uses will require a mix of use applications consistent with the Future Land Use Map. Future uses and/or platting will allow for public testimony and site specific conditions, if necessary, to mitigate uses that may be detrimental to any persons, property or the general welfare. J. 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 accompanying Preliminary Plat application shows vehicular access to the property via existing curb cuts that have been authorized by ACHD. The property owner negotiated the locations and design of these ingress/egress points to Pine Ave with ACHD and access points may change slightly through the platting. To help prevent interference with westbound Pine Ave traffic and southbound Eagle Road traffic, left tums are prohibited out of the site, unless at the designated access. The applicant has shown a public roadway connection from the south border of the project to connect Commerce Street with Pine Avenue. Staff supports this location and connection in compliance with Preliminary Plat special consideration #2. The project is in compliance with rTD and the Meridian Comprehensive Policies on access to principle arterials, no direct access to Eagle Road will be allowed. Please see the ACHD and ITD reports for more information regarding vehicular approaches and traffic. K. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance. Staff finds that no natural or scenic features will be lost or damaged by the project. L. Is the proposed zoning amendment in the best interest of the City; Staff finds that the proposed annexation would be in the best interest of the City by increasing the supply of land zoned for neighborhood and vehicular oriented commercial/retail uses North of 1-84. The proposed zoning complies with the Future Land Use Map, is not proposing any variances or exceptions to Meridian City Code and will allow for the commercial improvement of land at a high visibility intersection and industrial uses consistent with existing uses away from the commercial corridor. EXHffiIT D Porky Park Subdivision PP-05-026 Required Findings for Preliminary Plat PRELIMINARY PLAT FINDINGS AND REOUIREMENTS Sections 12-3 - 3 J.2 and 12-3-5 D read as follows: "In detennining the acceptance of a proposed subdivision, the ConunissionlCouncil shall consider the objectives of this title and at least the following: a. The conformance of the subdivision with the Comprehensive Development Plan; Staff finds that the current zoning designation is in general compliance with the effective Comprehensive Plan ('02) and the Future Land Use Map, which designates the land to be "Mixed Use Regional." Generally, the Mixed Use designation will provide for a combination of compatible land uses that are typically developed under a master or conceptual plan. Sample uses are listed as entertainment, clean industry, and major employers. The uses of Office/Retail closest to Eagle Road are similar to the sample uses listed on Page 98 Chapter VII of the Meridian City Comprehensive Plan. The uses of warehouse and wholesaling on the remaining lots are also consistent with the underlying zoning designation and mixes of uses. The proposed retail uses within the subdivision are pennissible in the requested zones of the MCC (11-8-1.) Therefore, Staff finds that the proposed subdivision is in compliance with the Comprehensive Plan and will not require further conditional approval if developed as presented. b. The availability of public services to accommodate the proposed development; Staff finds that this development will not cause excessive additional requirements at public cost. The property has existing sewer and water stubs served adequately by all essential public facilities and services in Pine Avenue. The applicant shall be required to extend water and sanitary sewer mains to and through the proposed development, thereby making them available to the adjacent properties. c. The continuity of the proposed development with the capital improvement program; Staff finds that the subdivision will not conflict with the capital improvement plan. Because the developer is installing sewer, water, utilities and irrigation, the subdivision will not require the expenditure of capital improvement funds. d. The public financial capability of supporting services for the proposed development; Porky Park Subdivision Exhibit D Staff finds that the development will not require major expenditures for providing supporting services. See item b. e. The other health, safety or environmental problems that may be brought to the Commission's attention. Staff finds that there should not be any other health, safety or environmental problems associated with this subdivision that should be brought to the Councilor Commission's attention. ACHD considers road safety issues in their analysis. No hazardous natural features have been identified on the site. EXHIBIT E Porky Park Subdivision RZ-05-009 PP-05-026 Standard and Site Specific Conditions of Approval SITE SPECIFIC COMMENTS (Rezone) 1. The legal description submitted with the application is accurate, places the property contiguous to existing city limits, and meets the requirements of the City of Meridian and Idaho State Tax Commission. The legal description of the C-G zone is on the plat listed as Lots 1-3 of Block 1, Porky Park Subdivision. Stamped by Todd R.Waite, PLS May 18, 2005. 2. The subject property is within the Urban Services Planning Area. SPECIAL CONSIDERATIONS-PRELIMINARY PLAT 1. The applicant shall maintain compliance with existing approvals for the conditional use approval of the Jacksons food store on proposed Lot 1 Block 1, AZ-05-004, CUP-05-009 and all applicable conditions of approval for the commercial lots in a mixed use development. 2. Construct a north-south public road at the end of Commercial Court to intersect Pine Street. The roadway location should be approved as proposed. Construct the roadway as a 40-foot local/commercial street section with vertical curb, gutter and 5-foot wide concrete sidewalk, within 54-feet of right-of-way. PRELIMINARY / FINAL PLAT SITE SPECIFIC CONDITIONS 1. Sanitary sewer service to this site is being proposed from existing 6-inch stubs run in during the E. Pine Street road project to all lots except Lot 7, Block 1 and Lot 2 Block 2. Six inch pipe can not be used for main line purposes, therefore the aforementioned lots are not sewerable at this time and will be subject to sanitary sewer restrictions until such time as sewer is made available to them. The applicant shall be responsible to install all mains necessary to serve this project, main size and routing to be coordinated with Public Works. The applicant shall execute City of Meridian standard forms of easements for any mains necessary to provide service. 2. Water service to this site will be from main line extensions from existing water mains in Pine Avenue. The applicant will 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 Porky Park Subdivision Exhibit E execute City of Meridian standard fonns of easements, for any mains that are required to provide service. ~ Per MCC 12-13-]0-4, maintain a 25-foot wide street buffer along Pine Avenue. All required street buffers shall be located beyond any future right-of-way. Show easements for all required buffers on the final plat. The Perle) Parle gasiness 0, RefS Asse simieR shaIlIRaiRtaiR all rel.'JaireEl laflElssaJ30 Baffers. 4. All landscape buffers shall be constructed prior to the issuance of aflJ' individual Certificate of Occupancies within the subdivision. 5. A perpetual vehicular cross access easement shall be provided to all lots within the subdivision. Said cross access shall be depicted on the final plat for Porky Park Subdivision. 6. A detailed fencing and landscape plan, in compliance with MCC 12-13, shall be submitted with the final plat application. 7. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed, unless deemed unnecessary by the City Arborist per Ordinance 12-13 -13 . Required landscaping trees will not be considered as replacement trees for those trees that have to be removed. The applicant shall submit a tree removal/preservation plan at least 10 days prior to the City Council hearing. 8. Add the following plat note: The owner of each lot, across which passes an irrigation/drainage ditch or pipe, is responsible for the maintenance thereof, unless such responsibility has been assumed by an irrigation/drainage jurisdiction. 9. The Preliminary Plat dated 5/1912005, Sheet PP-l drawn by Todd R. Waite, Claiborn - Waite Consulting, LLC is approved with the comments and considerations contained within this report. 10. The Preliminary Site/Landscape Plan (Sheet PL-1, by G-Jenson.)is approved with the following considerations: a. The final landscape plan must match the approved landscape plan as required by CUP-05-012 for the Eagle Road and Pine Avenue intersection. b. The future public road, indicated between Blocks 1 and 2 shall include right of way landscaping consistent with MCC 12-13. c. All future projects will be required to submit an internal landscape plan with Certificate of Zoning Compliance applications. Porky Park Subdivision Exhibit E 11. The applicant has not proposed a pressurized irrigation system. M.C.C. 12-5-2-N requires all new subdivisions to provide underground pressurized irrigation to all lots within a new subdivision. The City of Meridian requires that pressurized irrigations systems be supplied by a year-round source of water. If a creek or well source is not available, a single-point connections 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. PRELIMINARY PLAT GENERAL REOUIREMENTS 1. Submit letter from the Ada County Street Name Committee, approving the subdi vision and street names. Make any corrections necessary to confonn. 2. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 3. Assessment fees for water and sewer service are determined during the building plan review process. 4. Two-hundred-fifty-watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider1s expense. Typica~ locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior to commencing installations. 5. Underground, year-round pressurized irrigation must be provided to all landscape areas on site. Please submit hook-up and design details based on the proposed landscaping. Due to the size of landscaped area, primary water supply connection to the City's mains will not be allowed. Applicant shall be required to utilize any existing surface or well water for the primary source. 6. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage jurisdiction, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 7. All storm and drainage water must be retained on site. 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 Porky Park Subdivision Exhibit E 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. 8. Show all existing and proposed easements for irrigation/drainage facilities located within the boundaries of this proposed development. 9. 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. 10. Provide five-foot-wide sidewalks throughout development in accordance with City Ordinance. 11. All construction shall confonn to the requirements of the Americans with Disabilities Act. 12. 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. 13. Applicant shall be responsible for application and compliance with any NPDES Permitting that may be required by the Environmental Protection Agency. 14. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 15. The 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. SPECIAL CONSIDERATIONS 1. Sil!Ilaf?:e: MCC 11-14-10 (Table D) allows a maximum of one, 15-foot high sign per street fronta!!e. Also, MCC I 1-14-9-D.3 requires the signs be located "as near the primary access driveway as practical." 2. Roadwav connection: The plat includes an undefined lot between blocks 1 and 2. The lot should be platted as a public right of way for future dedication and cOlmection through to Commerce Street. Porky Park Subdivision Exhibit E 3. Landscaoinf!: The applicant shall work with staff to install the required landscape buffers on an individual basis through the Certificate of Zoning Compliance process. All required buffers must match the approved landscape plan to be submitted prior to signature of the final plat for Porky Park Subdivision. 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 412" 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. Fire lanes and streets shall have a vertical clearance of 13'6". This includes mature landscaping. 5. 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. 6. The roadways shall be built to Ada County Highway Standards cross section requirements and shall have a clear driving surface, available at all times, which is 20' wide. Streets with less than a 29' street width shall have no parking. Streets with less than 33' shall have parking only on one side. These measurements shall be based on the face of curb dimension. 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. Porky Park Subdivision Exhibit E 8. The 15 industrial/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 2612 responses in the year 2004. 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. The proposed project lies outside the five-minute response zone goal. Achievement of this goal is subject to budgetary constraints and is intended to enhance the probability of a favorable outcome on a request for Basic Life Support. The budget constraints are typically defined as capital outlay for facilities that are located within 1.5 miles from a given location and sufficient operational funds to staff the facilities. 10. The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer 11. Maintain a separation of 5' from the building to the dumpster enclosure. 12. Provide a Knoxbox entry system for the complex prior to occupancy. 13. The first digit ofthe Apartment/Office Suite shall correspond to the floor level. 14. The applicant shall work with Planning Department staff to provide an address identification plan including a pylon/monument sign at the required intersection(s). 15. All aspects of the building systems (including exiting systems), processes & storage practices shall be required to comply with the International Fire Code. 16. Provide exterior egress lighting as required by the International Building & Fire Codes. 17. 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). Porky Park Subdivision Exhibit E b. For buildings equipped tlu-oughout witll an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the dista11ce requirement shall be 600 feet (183 m). 18. All R-2 occupancies with 6 or more units or Witll 3 floors shall be required to be fire sprinkled. 19. There shall be a fire hydrant withill 100' of ail fire department connections. 20. Buildings over 30' ill height are required to have access roads in accordance with Appendix D Section D 1 05. ACHD SITE SPECIFIC CONDITIONS OF APPROVAL I. Constmct a 5-foot wide detached concrete sidewalk with a minimum 5-foot wide landscape strip, or constmct a 7-foot wide attached concrete sidewalk, abutting the site on Pine Street. Provide a sidewalk easement for sidewalk located outside of the right-of-way. 2. No new Pine Street approaches (driveways or streets) are approved with this application, with the exception of the location for the proposed street connection to Commercial Court. Provide cross access agreements throughout the subdivision to allow multiple access points to Pine Street and the proposed public roadways. 3. Constmct a north-south public road located approximately 40Q-feet west of the east property line as proposed 4. Constmct a north-south public road at the end of Commercial Court to intersect Pine Street. The roadway location should be approved as proposed. Constmct the roadway as a 40-foot local/commercial street section with vertical curb, gutter and 5-foot wide concrete sidewalk, within 54-feet of right-of-way. 5. Close the existing curb return adjacent to the proposed north-south public street with standard curb and gutter to match existing improvements. 6. Access to the proposed north-south roadways shall be located a minimum of 50- feet south of Pine Street. 7. Other than the access points specifically approved with this application, direct access to Pine Avenue is prohibited and shall be noted on the final plat. 8. Comply with requirements ofITD for the Eagle Road (SH 55) frontage. Submit to the District a letter from ITD regarding said requirements prior to District approval of the final plat or issuance of a building permit (or other required Porky Park Subdivision Exhibit E pennits), whichever occurs first. Contact District III Traffic Engineer Dan Coonce at 334-8340. 9. Comply with all Standard Conditions of Approval. A CHD Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State ofIdaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required pennits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1- 800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387- Porky Park Subdivision Exhibit E 6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the tenns and conditions ofthis approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confinnation of any change from the Ada County Highway District. 1] . Any change by the applicant in the plmmed use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use ofthe subject property unless a wai ver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. Sanitarv Services 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. Police Department Comment: 1. The Police Department has no concerns related to the site design submitted with the application. Parks Department Comment: 1. Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance (MCC 12-13-13-6) will be followed. Porky Park Subdivision Exhibit E CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter ofVJ Joint Ventures, A Request for a Rezone of 4.5 acres from I-L to C-G zone and a Preliminary Plat for 15 commercial and industrial lots. Case No(s). RZ-05-009, PP-05-026 For the City Council Hearing Date of: August 16, 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 g67- 6509. The matter was duly considered by the City Council at the August 16, 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 S67-6509, 6512, and Meridian City Code g~ 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). RZ-05-009, PP-05-026 - PAGE I of4 verified that the property owner(s) of record at the time of issuance of these findings are VJ Joint Ventures, Ronald Van Auker. 4. Required Findings per Zoning and Subdivision Ordinance a. See Exhibits C and D for the findings required for each type of application. 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 ofthe 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 g 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, Stamped by Todd R. Waite on May 19 2005 the Preliminary Plat Dated May 18, 2005 as shown in Exhibit B, and Site Specific and Standard Conditions of Approval in Exhibit E. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code S 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 rezone as evidenced by having submitted the Survey and Legal Description in Exhibit A is hereby conditionally approved; and 2. The site specific and standard conditions of approval are as shown in Exhibit E. D. Notice of Applicable Time Limits CITY OF MERIDIAN FrNDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NOeS). RZ-05-009, PP-05-026 - PAGE 2 of 4 1. Notice of Twelve (12) Month Preliminary Plat Duration Please take notice that after the date of approval of the preliminary plat, the owner or developer shall have one year within which to file the request for approval of the final plat. After approval of final plat, the owner or developer shall have one year to begin construction of the public utilities and one year thereafter to complete construction of those public facilities. (MCC 12-2-4.B & C.) 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 - Survey Exhibit B: Approved Preliminary Plat Exhibit C: Findings Zoning/Rezone Exhibit D: Findings Preliminary Plat Exhibit E: Standard and Site Specific Conditions of Approval By action of the City Council at its regular meeting held on the it jth day of At ] ~ I ,~I.~} ,2005. COUNCIL MEMBER SHAUN WARDLE VOTED~ COUNCIL MEMBER CHRISTINE DONNELL VOTED~ VOTED~ COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD VOTED~ CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-05-009, PP-05-026 - PAGE 3 of 4 MAYOR TAMMY de WEERD (TIE BREAKER) VOTED -===- and City Attorney. B~ 5oJ-(l m ~k , .~ City Clerk's Office Dated: q -,- C5" CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-05-009, PP-05-026 - PAGE 4 of 4 EXHIBIT A Porky Park RZ-05~009 Legal Description/Survey claiborn ... waite consulting~ engineers &. surveyOl'S 1461 So T=A\'Clluc Meridi,"" Idaho 83642 (208~ 2S8.269j Fa, (2(18) 884-8002 Ma)' 19, 200S REZONE FROM IL TO CG DESCRIPTION FOR PORKY PARK SUllDMSION A parcel oflillld I"""tod in 111,,5o,HII 112 o[5""lWo 9, T,3N.,R.IE., a.M" Meridian, Ado COllnty, Idaho, and being ""'''' ",,<tienfady doscrib<:d:lll f"flow.: Conlin_illS nl Ure Wcot 114 comer "f.:rid Section 9, from "l1ieb the Sontilwcsl comer of . aid S<:ction 9 bears S 00000.09" W, 2650.111 feet; lhence N 89.10'47" Ii olool! the NortI. baundmy of .aid 50llth 112, also being the centerfi"" of Ii. Pine A.", for a di'\;\I1"" of303,5 J feet to the REAL POINT OF BEGINNING; tha1ceconlinumgN 89'10'47" E a]mgthe Nol1h bound:uyof5Jlid Soutil ]12, olso Ix:ingtlle centcr]incofE. Pine Me. for a dist1ncc of 525,115 feet; U',,"cc rc."IlJ! said North bound:uy and =Ierline 5 00'00'09" W for a dis1onoo of 424,29 feet." a paint on tlle Nol1h boUlll!llry of Commerce Pari< Subdivi.iOD .. recorded in Ilook 45 of Plm., P"!!e 37ZJ. Ada County Rccotdcr; tlldll:O a1Olllllb" NoI1h boundJuy ofsaid COlllmcroo Park Subdi';5'on for the fulJov.in1l4 COUl'5C3: thcnce N 88"25'58" W [ora distance 0[78,[)4 feet; tllCllcc S 88"20'52" W for a dis1anc<: of 220.22 fi:<.!; tht:n.. 5 43'26'57" W for a distance of /2.13 [""I; tl...."" N 87"54'44" W fora dOOm"" of218.66 feel; thence '""vins said NoniI bow"l:lIY N 00'00'09" E for ~ dOOm"" of 421.83 feel to lh~ POINT OF BEGINNING; COlIl.aining 5.12 ~e",'S on.",I, more Or less. Pn:p,n;d by: Todd R. Woil. PL.S \\Sf'lJdllpro.i<<Is\EI\Otr; & PlNE(n~2)\Doc","<nl'IlU!ZONE<kso.doc_ t Porky Park Subdivision Exhibit A EXHmIT B Porky Park Subdivision PP-05-026 Porky Park Sub Exhibit B EXHIBIT C Porky Park Subdivision RZ-05-009 Required Findings for Zoning Amendment STANDARDS FOR ZONING AMENDMENT The Commission and Council shall review the particular facts and circumstances of each proposed zoning amendment in terms of the following standards and shall find adequate evidence answering the following questions about the proposed zoning amendment (11-15-11): A. Will the new zoning be harmonious with and in accordance with the Comprehensive Plan and, if not, has there been an application for a Comprehensive plan amendment; This property is designated "Mixed Use - Regional" on the Comprehensive Plan Future Land Use Map. The Mixed Use comprehensive plan designations provides for a combination of compatible land uses that are typically developed under a master or conceptual plan. All development within this designation will occur only under the Conditional Use Permit process, except the Mixed Use-Regional (see below). Where mixed use developments are phased, a conceptual site plan for the entire mixed use area is encouraged with the development application or, depending on the scope of the development, prior to a formal development application being submitted. The following standards will apply to this category: No upper limit of non-residential use.s Over 200,000 sq. ft. of non-residential building area; CUP application would not be needed unless a project lies within 300 feet of an existing residence or school or CUP is otherwise required per ordinance; Residential density of 3 to 40 units/acre. Sample uses include: All MU-N and MU-C categories, entertainment uses, major employment centers, clean industry. Meridian City Code (MCC) 11-7-2.I. states the purpose of the C-G district is "to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need of travel-related services as well as retail sales for the transient and permanent motoring public." The following Comprehensive Plan policies also support the annexation and proposed retail/fuel service use: · "Permit new. . . commercial developments only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City." (Chapter IV, pg. 26, Goal I, Obj. A, #6) Porky Park Subdivision Exhibit C Sanitary sewer, municipal water, solid waste and other services exist to this area of Meridian. · "Require all new parking lots to provide landscaping in intemal islands." (Chapter V, pg. 43, Goal III, Obj. D, #3) The Site Plan submitted with the CUP application for this property shall show internal planters, as required. · "Locate new community commercial areas on arterials. . .near residential areas in such a way as to complement with adjoining residential areas." (Chapter VII, pg. 43, Goal III, Obj. D, #3) The proposed commercial uses are located closest to the intersection of a minor arterial roadway and a state highway. A 25-foot wide street buffer is shown along Pine Ave and a 35- foot wide street buffer is shown along Eagle Road SH55, designed in part to mitigate potential negative impacts upon the vehicular traffic on Eagle Road. · "Restrict curb cuts and access points on collectors and arterial streets:' (Chapter VII, pg. 107, Goal IV, Obj. D, #2) Access to Pine Ave, including right-in/right-out and shared accesses allowing travel towards the west/Eagle Road are subject to the conditions of ACHD. A cross access agreement within the properties at the future property boundaries will be required so the cuts can be shared with adjacent development. In addition, access to Eagle Road is prohibited in compliance with lTD. Staff finds that the requested General Commercial (C-G) zoning designation is in accord with the Comprehensive Plan, the Future Land Use Map, and the Mixed Use-Regional designation. B. Is the area included in the zoning amendment intended to be re-zoned in the future; Staff finds that the proposed rezone and accompanying development plans comply with the requested zone and staff does not anticipate that the property will be rezoned in the future. The properties requesting commercial zoning meet the requirements of a commercial/retail comprehensive designation and are adjacent to an existing commercial development to the north. The industrial use development east of the commercial phase is consistent with the development of warehousing and wholesale production and sales which are located to the south of the property. A Master or Concept plan for the 27.59 acres has been submitted consistent with the development agreement for the rezone of the Jacksons Food store (RZ-05-004) to address the future of rezoning on the subject property. C. Is the area included in the zoning amendment intended to be developed in the fashion that would be allowed under the new zoning; Staff finds that the applicant has submitted detailed development plans for the mixed uses on the property. Staff further finds that the convenience store use, proposed hotel, and proposed light industrial businesses are allowed within the appropriate zoning designations in this mixed use area. D. Has there been a change in the area or adjacent areas which may dictate that the area should be rezoned; Staff finds that the immediate vicinity is a mix of undeveloped parcels that are designated for a mix of uses in the future, existing urban density residential uses (Meridian Crossroads), and property annexed and zoned as commercial and industrial property. The southwest corner of Eagle and Pine (approx. 62 acres) was annexed and zoned C-G (General Commercial) in February 2005 as part of the Ten Mile Development planned development. Immediately south of the parcel is an industrial subdivision with warehousing/sales/various industrial uses. The widening of Pine A venue to five lanes, the construction of the middle School east of the site, the signalization of the intersection, and the Eagle/I-84 on ramp are all indicators of a need for a mix of commercial services in the area. The proposal is consistent with adjacent uses in the City of Meridian and to the east in the City of Boise. E. Will the proposed uses be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; Staff finds that the proposed development is designed in a manner that will be harmonious with and appropriate in appearance with the existing neighborhood. The approved retail/fuel service/auto washing facilities on proposed Lot 1, Block 1 are listed uses in harmony with the intended uses in the C-G district and received approval on May. The eastern edge of the proposed Jacksons Food Store development (Pine Ave western entrance driveway) is approximately 207 feet east of the 2-acre site, requiring a cross access agreement to be entered into. The application does not indicate potential future uses on the eastern remainder of the 27.59 acre parcel. However, any future use will be consistent with the existing zoning or only allowed through a public hearing/CUP or platting process in compliance with the Future Land Use Map. The landscaped street buffers, lighting standards and building setbacks as required by the Zoning Ordinance are intended to ease impacts of these commercial and industrial uses on nearby residences. F. Will not be hazardous or disturbing to existing or future neighboring uses; Staff finds that the requested annexation and zoning to C-G should not be disturbing to existing or future neighboring uses. Any future change of use on the property that may have a significant impact on the surrounding properties will require conditional use approval under current ordinances, and adjoining property owners will have an opportunity to comment. Staff anticipates that the proposed cOlmnercial use will not be hazardous or disturbing to the neighboring uses as long as lighting and noise ordinances are adhered to. The Commission and Council should consider all public testimony, oral and written, before making this finding. G. 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 service; Staff finds that the proposed uses can be adequately served by all essential public services and facilities. Drainage will need to be retained on site. H. 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; Staff finds that the requested uses will not create excessive additional requirements at public costs for public facilities and services. Additionally, staff finds that the proposed rezone would not be detrimental to the economic welfare of the community. I. Will not involve uses, activities, processes, materials, equipment, and conditions 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 finds that the proposed C-G zoning of the property does not inherently allow uses that will generate activities, processes, materials, equipment, and conditions that are detrimental to the general welfare of the community. Permitted uses in the C-G zone include gas stations facilities, banks, professional offices, clinics, dry cleaning, hotels, restaurants and retail stores. However, as noted above, all future uses will require a mix of use applications consistent with the Future Land Use Map. Future uses and/or platting will allow for public testimony and site specific conditions, if necessary, to mitigate uses that may be detrimental to any persons, property or the general welfare. J. 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 accompanying Preliminary Plat application shows vehicular access to the property via existing curb cuts that have been authorized by ACHD. The property owner negotiated the locations and design of these ingress/egress points to Pine Ave with ACHD and access points may change slightly through the platting. To help prevent interference with westbound Pine Ave traffic and southbound Eagle Road traffic, left turns are prohibited out of the site, unless at the designated access. The applicant has shown a public roadway connection from the south border of the project to connect Commerce Street with Pine Avenue. Staff supports this location and connection in compliance with Preliminary Plat special consideration #2. The project is in compliance with ITD and the Meridian Comprehensive Policies on access to principle arterials, no direct access to Eagle Road will be allowed. Please see the ACHD and ITD reports for more information regarding vehicular approaches and traffic. K. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance. Staff finds that no natural or scenic features will be lost or damaged by the project. L. Is the proposed zoning amendment in the best interest of the City; Staff finds that the proposed annexation would be in the best interest of the City by increasing the supply of land zoned for neighborhood and vehicular oriented commercial/retail uses North of I-84. The proposed zoning complies with the Future Land Use Map, is not proposing any variances or exceptions to Meridian City Code and will allow for the commercial improvement of land at a high visibility intersection and industrial uses consistent with existing uses away from the commercial corridor. EXHffiIT D Porky Park Subdivision PP-05-026 Required Findings for Preliminary Plat PRELIMINARY PLAT FINDINGS AND REOUlREMENTS Sections] 2-3-3 J.2 and 12-3-5 D read as follows: "In determining the acceptance of a proposed subdivision, the Commission/Council shall consider the objectives ofthis title and at least the following: a. The conformance ofthe subdivision with the Comprehensive Development Plan; Staff finds that the current zoning designation is in general compliance with the effective Comprehensive Plan ('02) and the Future Land Use Map, which designates the land to be "Mixed Use Regiona1." Generally, the Mixed Use designation will provide for a combination of compatible land uses that are typically developed under a master or conceptual plan. Sample uses are listed as entertainment, clean industry, and major employers. The uses of Office/Retail closest to Eagle Road are similar to the sample uses listed on Page 98 Chapter VII of the Meridian City Comprehensive Plan. The uses ofwarehouse and wholesaling on the remaining lots are also consistent with the underlying zoning designation and mixes of uses. The proposed retail uses within the subdivision are permissible in the requested zones of the MCC (11-8-1.) Therefore, Staff finds that the proposed subdivision is in compliance with the Comprehensive Plan and will not require further conditional approval if developed as presented. b. The availability of public services to accommodate the proposed development; Staff finds that this development will not cause excessive additional requirements at public cost. The property has existing sewer and water stubs served adequately by all essential public facilities and services in Pine Avenue. The applicant shall be required to extend water and sanitary sewer mains to and through the proposed development, thereby making them available to the adjacent properties. c. The continuity of the proposed development with the capital improvement program; Staff fmds that the subdivision will not conflict with the capital improvement plan. Because the developer is installing sewer, water, utilities and irrigation, the subdivision will not require the expenditure of capital improvement funds. d. The public financial capability of supporting services for the proposed development; Porky Park Subdivision Exhibit 0 Staff finds that the development will not require major expenditures for providing supporting services. See item b. e. The other health, safety or environmental problems that may be brought to the Commission's attention. Staff finds that there should not be any other health, safety or environmental problems associated with this subdivision that should be brought to the Councilor Commission's attention. ACHD considers road safety issues in their analysis. No hazardous natural features have been identified on the site. EXHIBIT E Porky Park Subdivision RZ-05-009 PP-05-026 Standard and Site Specific Conditions of Approval SITE SPECIFIC COMMENTS (Rezone) 1. The legal description submitted with the application is accurate, places the property contiguous to existing city limits, and meets the requirements of the City of Meridian and Idaho State Tax Commission. The legal description of the C-G zone is on the plat listed as Lots 1-3 of Block 1, Porky Park Subdivision. Stamped by Todd R.Waite, PLS May 18, 2005. 2. The subject property is within the Urban Services Planning Area. SPECIAL CONSIDERATIONS-PRELIMINARY PLAT 1. The applicant shall maintain compliance with existing approvals for the conditional use approval of the Jacksons food store on proposed Lot 1 Block 1, AZ-05-004, CUP-05-009 and all applicable conditions of approval for the commercial lots in a mixed use development. 2. Construct a north-south public road at the end of Commercial Court to intersect Pine Street. The roadway location should be approved as proposed. Construct the roadway as a 40-foot local/commercial street section with vertical curb, gutter and 5-foot wide concrete sidewalk, within 54-feet of right-of-way. PRELIMINARY / FINAL PLAT SITE SPECIFIC CONDITIONS 1. Sanitary sewer service to this site is being proposed from existing 6-inch stubs run in during the E. Pine Street road project to all lots except Lot 7, Block 1 and Lot 2 Block 2. Six inch pipe can not be used for main line purposes, therefore the aforementioned lots are not sewerable at this time and will be subject to sanitary sewer restrictions until such time as sewer is made available to them. The applicant shall be responsible to install all mains necessary to serve this project, main size and routing to be coordinated with Public Works. The applicant shall execute City of Meridian standard forms of easements for any mains necessary to provide service. 2. Water service to this site will be from main line extensions from existing water mains in Pine Avenue. The applicant will 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 Porky Park Subdivision Exhibit E execute City of Meridian standard forms of easements, for any mains that are required to provide service. ;h Per MCC 12-13-10-4, maintain a 25-foot wide street buffer along Pine Avenue. All required street buffers shall be located beyond any future right-of-way. Show easements for all required buffers on the final plat. The Perk) Park Busiflcss o . RefS ^ sseeiatisR shall maintaifl all reEIl.:1irea lamlseafl8 h I:lffefs. 4. AIl landscape buffers shall be constructed prior to the issuance of i:lflJ" individual Certificate of Occupancies within the subdivision. 5. A perpetual vehicular cross access easement shall be provided to all lots within the subdivision. Said cross access shall be depicted on the final plat for Porky Park Subdivision. 6. A detailed fencing and landscape plan, in compliance with MCC 12-13, shall be submitted with the final plat application. 7. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed, unless deemed unnecessary by the City Arborist per Ordinance 12-13-13. Required landscaping trees will not be considered as replacement trees for those trees that have to be removed. The applicant shall submit a tree removal/preservation plan at least 10 days prior to the City Council hearing. 8. Add the following plat note: The owner of each lot, across which passes an irrigation/drainage ditch or pipe, is responsible for the maintenance thereof, unless such responsibility has been assumed by an irrigation/drainage jurisdiction. 9. The Preliminary Plat dated 5/19/2005, Sheet PP-I drawn by Todd R. Waite, Claiborn - Waite Consulting, LLC is approved with the comments and considerations contained within this report. 10. The Preliminary Site/Landscape Plan (Sheet PL-l, by G-Jenson.)is approved with the following considerations: a. The' final landscape plan must match the approved landscape plan as required by CUP-05-012 for the Eagle Road and Pine Avenue intersection. b. The future public road, indicated between Blocks 1 and 2 shall include right of way landscaping consistent with MCC 12-13. c. AU future projects will be required to submit an internal landscape plan with Certificate of Zoning Compliance applications. Porky Park Subdivision Exhibit E 11. The applicant has not proposed a pressurized inigation system. M.C.C. 12-5-2-N requires all new subdivisions to provide underground pressurized irrigation to all lots within a new subdivision. The City of Meridian requires that pressurized ilTigations systems be supplied by a year-round source of water. If a creek or well source is not available, a single-point connections 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. PRELIMINARY PLAT GENERAL REOUIREMENTS 1. Submit letter from the Ada County Street Name Committee, approving the subdivision and street names. Make any cOlTections necessary to confoDu. 2. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 3. Assessment fees for water and sewer service are determined during the building plan review process. 4. Two-hundred-fifty-watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior to commencing installations. 5. Underground, year-round pressurized irrigation must be provided to all landscape areas on site. Please submit hook-up and design details based on the proposed landscaping. Due to the size oflandscaped area, primary water supply connection to the City's mains will not be allowed. Applicant shall be required to utilize any existing surface or well water for the primary source. 6. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage jurisdiction, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 7. All storm and drainage water must be retained on site. 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 Porky Park Subdivision Exhibit E Best Management Practices for Idaho Cities and Counties and City of Melidian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization plior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 8. Show all existing and proposed easements for irrigation/drainage facilities located within the boundaries of this proposed development. 9. 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. 10. Provide five-foot-wide sidewalks throughout development in accordance with City Ordinance. 11. All construction shall conform to the requirements of the Americans with Disabilities Act. 12. 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. 13. Applicant shall be responsible for application and compliance with any NPDES Permitting that may be required by the Environmental Protection Agency. 14. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 15. The 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. SPECIAL CONSIDERATIONS L Silmage: MCC 11-14-10 (Table D) allows a maximum of one, I5-foot high sign per street frontage. Also, MCC 11-14-9-D.3 requires the signs be located "as near the primary access driveway as practicaL" 2. Roadwav connection: The plat includes an undefined lot between blocks 1 and 2. The lot should be platted as a public right of way for future dedication and connection through to Commerce Street. Porky Park Subdivision Exhibit E 3. Landscapin~: The applicant shall work with staff to install the required landscape buffers on an individual basis through the Certificate of Zoning Compliance process. All required buffers must match the approved landscape plan to be submitted prior to signature of the final plat for Porky Park Subdivision. 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 Y2" 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 ofthe 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. Fire lanes and streets shall have a vertical clearance of 13'6". This includes mature landscaping. 5. 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. 6. The roadways shall be built to Ada County Highway Standards cross section requirements and shall have a clear driving surface, available at all times, which is 20' wide. Streets with less than a 29' street width shall have no parking. Streets with less than 33' shall have parking only on one side. These measurements shall be based on the face of curb dimension. 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. Porky Park Subdivision Exhibit E 8. The 15 industrial/commercial lots lot will have an unknown h.ansient population and will have an unknown impact on Meridian Fire Department call volumes. The Meridian Fire Department has experienced 2612 responses in the year 2004. 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. The proposed project lies outside the five-minute response zone goal. Achievement of this goal is subject to budgetary constraints and is intended to enhance the probability of a favorable outcome on a request for Basic Life Support. The budget constraints are typically defined as capital outlay for facilities that are located within 1.5 miles from a given location and sufficient operational funds to staff the facilities. 10. The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer 11. Maintain a separation of 5' from the building to the dumpster enclosure. 12. Provide a Knoxbox entry system for the complex prior to occupancy. 13. The first digit of the Apartment/Office Suite shall correspond to the floor level. 14. The applicant shall work with Planning Department staff to provide an address identification plan including a pylon/monument sign at the required intersection(s). 15. All aspects of the building systems (including exiting systems), processes & storage practices shall be required to comply with the International Fire Code. 16. Provide exterior egress lighting as required by the International Building & Fire Codes. 17. 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). Porky Park Subdivision Exhibit E b. For buildings equipped throughout with all 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). 18. All R-2 occupancies with 6 or more units or with 3 floors shall be required to be fire sprinkled. 19. There shall be a fire hydrant within] 00' of all fire department cOlmections. 20. Buildings over 30' in height are required to have access roads in accordance with Appendix D Section DI05. ACHD SITE SPECIFIC CONDITIONS OF APPROVAL 1. Construct a 5-foot wide detached concrete sidewalk with a minimum 5-foot wide landscape strip, or construct a 7-foot wide attached concrete sidewalk, abutting the site on Pine Street. Provide a sidewalk easement for sidewalk located outside of the right-of-way. 2. No new Pine Street approaches (driveways or streets) are approved with this application, with the exception of the location for the proposed street connection to Commercial Court. Provide cross access agreements throughout the subdivision to allow multiple access points to Pine Street and the proposed public roadways. 3. Construct a north-south public road located approximately 400-feet west of the east property line as proposed 4. Construct a north-south public road at the end of Commercial Court to intersect Pine Street. The roadway location should be approved as proposed. Construct the roadway as a 40-foot local/commercial street section with vertical curb, gutter and 5-foot wide concrete sidewalk, within 54-feet of right-of-way. 5. Close the existing curb return adjacent to the proposed north-south public street with standard curb and gutter to match existing improvements. 6. Access to the proposed north-south roadways shall be located a minimum of 50- feet south of Pine Street. 7. Other than the access points specifically approved with this application, direct access to Pine A venue is prohibited and shall be noted on the final plat. 8. Comply with requirements of ITD for the Eagle Road (SH 55) frontage. Submit to the District a letter from ITD regarding said requirements prior to District approval of the final plat or issuance of a building permit (or other required Porky Park Subdivision Exhibit E permits), whichever occurs first. Contact District III Traffic Engineer Dan Coonce at 334-8340. 9. Comply with all Standard Conditions of Approval. ACHD Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building pennit (or other required pennits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility ofthe applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLlNE (1- 800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387- Porky Park Subdivision Exhibit E 6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confinnation of any change from the Ada County Highway District. 1] . Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. Sanitarv Services 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. Police Deoartment Comment: 1. The Police Department has no concerns related to the site design submitted with the application. Parks Deoartment Comment: 1. Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance (MCC 12-13-13-6) will be followed. Porky Park Subdivision Exhibit E ~~.~ ?dSf~{ ~tJ~[r'GMJ1~lhvt~~~ CITY OF MERIDIAN CITY COUNCIL MEETING AGENDA Tuesday, August 16, 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 Keith Bird - MayorTammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by Pastor Bud Henthorn, with Meridian Gospel Tabernacle: 4. Adoption of the Agenda: 5. Consent Agenda: A. Approve Minutes of June 7, 2005 City Council Special Meeting: B. Findings of Fact and Conclusions of Law for Approval: VAR 05-011 Request for a Variance to allow a second free-standing monument sign on the same street frontage for Kina Electric Sians for King Electric Signs - 2200 South Cobalt Pointe Way: C. Findings of Fact and Conclusions of Law for Approval: AZ 05- 023 Request for Annexation and Zoning of 39.47 acres from RUT to C-N zone for Cherrv Lane Christian Church by BRS Architects - NWC of Ten Mile Road and Franklin Road: D. Findings of Fact and Conclusions of Law for Approval: AZ 05- 018 Request for Annexation and Zoning of 29.18 acres to R-4, R-B & R-15 zones for Westborouah Sauare Subdivision by JLJ Enterprises, Inc. - SEC of Jericho Road and Chin den Boulevard: E. Findings of Fact and Conclusions of Law for Approval: PP 05- 020 Request for Preliminary Plat approval for 7 building lots and 1 common lot on 5.39 acres in a proposed R-15 zone for Meridian City Council Meeting Agenda - August 16, 2005 Page 1 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Westborouah Square Subdivision by JLJ Enterprises, Inc. - SEC of Jericho Road and Chinden Boulevard: F. Findings of Fact and Conclusions of law for Approval: CUP 05-027 Request for Conditional Use Permit / Planned Development approval of a mixed-use development consisting of 10 multi-family buildings and 6 office buildings with multiple buildings on a single lot and a waiver of the street frontage requirement in a proposed R- 15 zone for Westborouah Square Subdivision by JLJ Enterprises, Inc. - SEC of Jericho Road and Chinden Boulevard G. Approve New Beer and Wine License for Quick Stuff _ 3010 Goldstone Drive East: H. Revised Amendment to Historic Preservation Consultant Aareement: Aareement for Construction Services with Walt Morrow Construction. Inc.: J. License Aareement with Namoa & Meridian Irriaation District for Castle brook No.4 & 5: K. Chancre Order No. 1 (Final) for WWTP Headworks with Ewina Comoanv: L. Resolution No. Adopting Mavor's Youth Advisory Council Resolution No.1 Supporting the Efforts of the Blueprint for Good Growth and Encouraging the Meridian City Council to Develop a Comprehensive Plan for Sustainable Growth: M. Resolution No. : VAC 05-006 Request for a Vacation of a private road known as E. Herons Crossing Lane and Meridian City sanitary sewer easement for Quenzer Commons Subdivision No.9 by Brighton Investments, LLC _ west of North Locust Grove Road and north of East Ustick Road: N. Resolution No. : VAC 05-007 Requestfor a Vacation of a portion of the 10-foot wide easement centered on the interior common lot line of Lots 1 and 2, Block 2, Olson and Bush Industrial Park Subdivision by Dennis Kelle~ Sigmont - 3131 East Lanark Street: O. Resolution No. : V AC 05-008 Request for a Vacation of platted utility easements of Lots 16,17,21-27, Block Meridian City Council Meeting Agenda - August 16, 2005 Page 2 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 2 of Honor Park Subdivision No.3 by Franklin / Stratford Investments, LLC - south of East Franklin Road and west of Stratford Drive: P. Resolution No. : VAC 05-009 Request for a Vacation of the public utility easement on Lot 8, Block 20 of Paramount Subdivision No.4 by Paramount Development, Inc. _ south of Chinden and west of Meridian Road: 6. Department Reports; A. Finance Department - Stacy Kilchenmann 1. FY05 Budaet Amendment: B. Planning and Zoning Department - Anna Canning 1. Reauest for Waiver of Fence Waiver Application Fees for Rvan Warwick; C. Parks and Recreation Department - Doug Strong 1. Update on Messina Meadows Parks and Recreation Decision; 7. Items Moved from Consent Agenda: 8. Reauest for Reconsideration of Silver Oaks Subdivision Annexation I Rezone Request and the accompanying Preliminary Plat and detailed Conditional Use Permit Applications: 9. Order for Denial; AZ 05-016 Request for Annexation and Zoning of 28.65 acres from RUT to R-15 and L-Q zones for Silver Oaks Subdivision by Charter Builders, Inc. - north of West Franklin Road and west of North Ten Mile Road: 10. Order for Denial: CUP 05-024 Request for a Conditional Use Permit for a Planned Development for multi-family / clubhouse / office / '.daycare development with no minimum street frontage and multiple buildings on a single lot on 28.65 acres in proposed R-15 and L-Q zones for Silver Oaks Subdivision by Charter Builders, Inc. - north of West Franklin Road and west of North Ten Mile Road: 11. Order for Denial: PP 05-023 Request for Preliminary Plat approval for 1 multi-family residential building lot and 1 commercial office lot on 28.6 acres in proposed R-15 & L-Q zones for Silver Oaks Subdivision by Meridian City Council Meeting Agenda - August 16, 2005 Page 3 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Conger Management Group - west of Ten Mile Road and north of West Franklin Road: 12. FP 05-051 Request for Final Plat approval for 39 single-family residential building lots and 1 common area lot on 8.75 acres in an R-8 zone for Paramount Subdivision No.9 by Paramount Development, Inc. - north of East McMillan Road and west of North Meridian Road: 13. FP 05-050 Request for Final Plat approval for 72 single-family residential building lots and 14 common lots on 17.88 acres in a R-8 zone for Chestelfield Subdivision No.1 by Centennial Development, LLC - east of North Black Cat Road and south of West Pine Avenue: 14. FP 05-053 Request for Final Plat approval for 3 commercial building lots on 11.28 acres in a R-8 zone for Chamoion Park Subdivision No.4 by Hillview Development Corporation - west of North Eagle Road and north of East Ustick Road: 15. FP 05-052 Request for Final Plat approval for 81 single family residential building lots and 5 common lots on 20.25 acres in a R-8 zone for Ventana Subdivision No.2 by Ventana, LLC - north of McMillan Road on Meridian Road: "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. " 16. Public Hearing: AZ 05-019 Request for Annexation and Zoning of 10.9 acres from RUT to C-G zone for Dorado Subdivision by Kimball Properties, LLC - NWC of South Eagle Road and East Overland Road: 17. Public Hearing: PP 05-024 Request for Preliminary Plat approval for 16 commercial building lots on 10.9 acres in a proposed C-G zone for Dorado Subdivision by Kimball Properties, LLC - NWC of South Eagle Road and East Overland Road: 18. Public Hearing: CUP 05-031 Request for conceptual approval of a Conditional Use Permit for a Planned Development for approximately 110,000 square feet of hotel, commercial, retail and restaurant uses (some with drive-thru windows) in a proposed C-G zone for Dorado Subdivision by Kimball Properties, LLC - northwest corner of South Eagle Road and East Overland Road: 19. Public Hearing: RZ 05-009 Request for a Rezone of 4.53 acres from I-L to C-G zone for Porky Park Subdivision by VJ Joint Venture - south of Pine Street and east of North Eagle Road: Meridian City Council Meeting Agenda - August 16, 2005 Page 4 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 20. Public Hearing: PP 05-026 Request for Preliminary Plat approval of 15 commercial building lots on 34.56 acres in proposed C-G zone for Porky Park Subdivision by VJ Joint Venture - south of Pine Street and east of North Eagle Road: 21. Public Hearing: CUP 05-032 Request for Conditional Use Permit approval for the operation of a public charter school in a L-Q zone for Comoass Public Charter School by Compass Public Charter School _ 2511 West Cherry Lane: 22. Public Hearing: AZ 05-025 Request for Annexation and Zoning of 5.47 acres from RUT to R-4 zone for Meridian Hiah School by Hummel Architects - 1900 West Pine Avenue: 23. Public Hearing: VAC 05-010 Request to vacate 16 foot right of way easement on Lots 1-9, Block 1 of the amended plat of the Townsite of Meridian for Meridian Creamery by Zeke Johnson - 27 East Broadway Avenue: 24. Ordinance No. 05-1170 Repealing Existing Zoning and Subdivision Regulations Codified at Title 11 and Title 12 of the Meridian City Code; Re-Enacting a New Title 11 To Be Known As the Unified Development Code (2nd of 3 Readings): 25. Ordinance No. 05-1171 : Enacting a New Provision of the Unified Development Code Pertaining to Development Along the State Highways to Be Codified at Title 11, Chapter 3, Article H of the Meridian City Code; Adding a New Definition of the Term "Approach" to Title 11, Chapter 1, Article A, Section 1 of the Meridian City Code (2nd of 3 Readings): 26. Ordinance No. RZ 05-007 Request for a Rezone of .13 acres from R-B zone to 0- T zone for Meridian Counselina & Wellness Center by Ruth & Jeff Ulmer - 934 East 5th Street Meridian City Council Meeting Agenda - August 16, 2005 Page 5 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone deSiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. ** TX CONF I RMAT I ON REPORT ** AS OF AUG 12 '05 18: 01 PAGE. 01 CITY OF MERIDIAN DATE TIME TO/FROM MODE M I N/SEC PGS CMDJ:I STATUS 07 08/12 17:02 3810160 EC--S 02'52" 005 168 OK 08 08/12 17: 05 12084664405 EC--S 01 ' 40" 005 168 OK 09 08/12 17:07 8841159 EC --S 01' 38" 005 168 OK 10 08/12 17: 10 2088840744 EC --S 01' 42" 005 168 OK 11 08/12 17: 12 POLICE DEPT EC--S 01' 39" 005 168 OK 12 08/12 17: 14 8985501 EC --S 01' 37" 005 168 OK 13 08/12 17: 16 LIBRARY EC--S 02' 11" 005 168 OK 14 08/12 17: 19 IDAHO STATESMAN EC --S 01' 38" 005 168 OK 15 08/12 17: 21 3886924 EC--S 01' 38" 005 168 OK 16 08/12 17: 23 P-RND-Z EC--S 01' 38" 005 168 OK 17 08/12 17: 25 ALL RMERICAN INS EC --S 01 ' 38" 005 168 OK 18 08/12 17:27 FIRE DEPT EC--S 01' 38" 005 168 OK 19 08/12 17: 30 128300040 G3--S 02' 06" 005 168 OK 20 08/12 17: 32 208 387 6393 EC--S 01' 37" 005 168 OK 21 08/12 17: 34 ADR CTY DElJELMT EC --S 01' 38" 005 168 OK 22 08/12 17: 37 2088885052 EC--S 01' 39" 005 168 OK 23 08/12 17: 40 I DRHO RTHLETI C C EC--S 01' 38" 005 168 OK 24 08/12 17: 42 1D PRESS TR I BUNE EC --S 01' 38" 005 168 OK 25 08/12 17:45 2088886701 EC--S 01' 37" 005 168 OK 26 08/12 17: 50 PUBLIC WORKS EC --S 01 ' 38" 005 168 OK 27 08/12 18: 01 CHERRY LRNE ----S 00'00" 000 168 BUSY TH I S DOCUMENT IS ST I LL I N MEMORY --------_....._----....._--------------------......~--------_......_-_....._---------------.....---.......-----------------....--- i)llm., ?a5f1o{ ~(j~!r.cJJaf_;~I\tr;{V\~~~ CITY OF MERIDIAN CITY COUNCIL MEETING AGENDA Tuesday, August 16, 2005 at 7:00 p.m. City Council Chambers 33 East Idaho Avenue. Meridian, Idaho 1. Roll-call Attendance: - Shaun Wardle _ Christine Donnell - Charlie ROllntree _ Keith Bird - Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by Pastor BUd Hentl1orn, with Merl"d'"an Gospel Tabernacle: 4. ArJnnHnn ^& f.k_ A _ ~ __ _" DFlTE TIME TO/FROM 132 08/17 139: 12 381131613 133 08/17 139: 16 PUBLIC WORKS 134 08/17 09: 18 8841159 05 08/17 139' 213 213888413744 06 08/17 139:22 POLICE DEPT 137 138/17 139:24 89855131 138 08/17 139:27 LIBRARY 09 08/17 139: 29 921383776449 113 08/17139:31 38S6924 11 08/17 139: 34 P-AND-Z 12 138/17 89= 36 FIRE DEPT 13 138/17 89=38 128313013413 14 88/17 89'41 2138 387 6393 15 08/1709'43 ADA CTY DEV&MT 16 08/17 09:46 2008865052 17 08/17 09:48 CHERRY LANE 18 08/17 139:52 IDAHO ATHLETIC C 19 08/17 139:54 lD PRESS TRIBUNE 2e eS/17 10'133 2088886701 MODE MIN/SEC PGS EC--S 132' 59" 1305 EC--S 01' 42" 005 EC--S 131'43" 005 EC--S 01'45" 005 EC--S 131'42" 005 EC--S 01'42" 005 EC--S 02' 18" 005 EC--S 131' 41" 005 EC--S 131'41" 005 EC--5 131'42" 005 EC--S 01'42" 005 G3--S 132'19" 005 EC--S 01'42" 0135 EC--S 131'42" 0135 EC--S 131' 42" 005 G3--S 133' 18" 005 EC--S 01' 42" 005 EC--S 01' 44" 005 EC--S 131' 41" 1305 CMDIl STATUS 191 OK 191 OK 191 OK 191 OK 191 OK 191 OK 191 OK 191 OK 191 OK 191 OK 191 OK 191 OK 191 OK 191 OK 191 OK 191 OK 191 OK 191 OK 191 OK CITY OF MERIDIAN CITY COUNCIL MEETING AGENDA Tuesday, August 16, 2005 at 7:00 p.m. City Council Chambers 33 East Idaho Avenue, Meridian, Idaho 1. Roll-call Attendance: Pledge of Allegiance: X. Shaun Wardle ~ Christine Donnell ----,;- Charlie Rountree ~ Keith Bird ~ Mayor Tammy de Weerd /J'IJJ"_...rn_1' /18 {!~rA... . 3. Community Invocation by Pastor Bud Henthorn, with Meridian Gospel Tabernacle: 4. Adoption ofthe Agenda: IfJ'fW'1'Y't..- 5. Consent Agenda: A. Approve Minutes of June 7, 2005 City Council Special Meeting: o/rv<- B. Findings of Fact and Conclusions of law for Approval: VAR 05-011 Request for a Variance to allow a second free-standing monument sign on the same street frontage for Kina Electric ~for King Electric Signs - 2200 South Cobalt Pointe Way: W""V'</ 1- c. Findings of Fact and Conclusions of law for Approval~ AZ 05- 023 Request for Annexation and Zoning of 39.47 acres from RUT to CoN zone for Cherrv Lane Christian Cl1urch by BRS Architects - NWC ofTen Mile Road and Franklin Road: D. Findings of Fact and Conclusions of law for Approval: AZ 05- 018 Request for Annexation and Zoning of 29.18 acres to R-4, R-8 & R-15 zones for Westborouah Sauare Subdivision by JLJ Enterprises, Inc. - SEC of Jericho Road and Chinden Boulevard: ~ E. Findings of Fact and Conclusions of Law for Approval: PP 05- 020 Request for Preliminary Plat approval for 7 building lots and 1 common lot on 5.39 acres in a proposed R-15 zone for Melidian City Councll Meeting Agsnda - Augu.t 16, 2005 pa,ge 1 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact tile City Cler\('s Office a18Sa.4433 at least 48 hours prior to tile public meeting.