HomeMy WebLinkAbout2005-10-11
CITY OF MERIDIAN
CITY COUNCIL REGULAR MEETING
AGENDA
Tuesday, October 11, 2005, at 7:00 p.m.
City Councif Chambers
33 East Idaho Avenue, Meridian, Idaho
1. Rofl~call Attendance:
X Shaun Wardle ~ Christine Donnell
X Charlie Rountree X Keith Bird
~ Mayor Tammy de Weerd
2. Pledge of Allegiance: Jerry Hopkins
3. Community Invocation by Pastor Bud Henthorn, with Meridian
Gospel Tabernacle: Presented
4. Adoption of the Agenda: Approve
5. Consent Agenda:
A. Approve Minutes of August 9, 2005 City Council Special Meeting
Minutes: Approve
B. Approve Minutes of September 13, 2005 City Council Regular
Meeting: Approve
C. Tabled from October 4, 2005: Findings of Fact and
Conclusions of Law for Approval: 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:
Approve
D. Tabled from October 4, 2005: Findings of Fact and
Conclusions of Law for Approval: 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 Subdivision by
Charter Builders, Inc. - north of West Franklin Road and west of
North Ten Mile Road: Approve
Meridian City Council Meeting Agenda - October 11, 2005 Page 1 of 4
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearing
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
E. Tabled from October 4, 2005: Findings of Fact and
Conclusions of Law for Approval: 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:
Approve
F. Findings of Fact and Conclusions of Law for Approval: AZ 05-
032 Request for Annexation and Zoning of .56 acres from R6 to L-
o zone for West Carol Street Professional Center by James and
Carrie Jewett - 1560 Carol Street: Approve
7~G. Findings of Fact and Conclusions of Law for Approval: CUP
05-040 Request for a Conditional Use Permit to modify the
Conditions of Approval for CUP 03-050, in order to allow the
existing building at 703 North Main Street to remain and to allow a
public use in the 0- T zone for Farmers and Merchants State
Bank by Farmers and Merchants State Bank - 703 North Main
Street: Approve reconsideration to October 25, 2005
H. Findings of Fact and Conclusions of Law for Approval: PP 05-
022 Request for Preliminary Plat approval of 4 building lots and 1
common lot on 1.74 acres in a L-O zone for Woodoenn
Subdivision by Pennwood Ill, LLC - 429 SW 51h Avenue:
Approve
Findings of Fact and Conclusions of Law for Approval: CUP
05-030 Request for a Conditional Use Permit for a commercial
Planned Development on 1.74 acres in a L-O zone for Woodpenn
Subdivision by Pennwood III, LLC - 429 SW 5th Avenue:
Approve
J. Approve Payment Application No.5 for Meridian Senior Center
Remodel to KMO, Inc.: Approve
K. Approve Federal Eouitable Sharino Aoreement with U.S.
Department of Justice: Approve
L. Approve Sidewalk Easement for Ada County Hiohwav District
for Well No. 26 Pumping Facilities Project: Approve
M. NPDES Permit Assistance Contract with CH2M HILL: Approve
Meridian City Council Meeting Agenda - October 11, 2005 Page 2 of 4
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearing
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the publiC meeting.
N. Award of Bid for Autumn Faire Subdivision Citv Well Lot
Landscapina to Sunshine Landscapina. Inc.: Approve
O. Water Main Easement Aoreement for EI Dorado Retail Buildina
No.2 by Kimball Properties, LP: Approve
P. Agreement for Services with AspireOn: Table to October 25,
2005
Q. City Clerk Notification of Election Precinct and Polling Places:
Approve
6. Department Reports:
A. Parks & Recreation Department:
1. Autumn Faire Subdivision Park Contract I Agreement:
Approve budget adjustment
B. Mayors Office
1. Reappointment of Historic Preservation Commission
Frank Thomason and Tom Hammond: Approve to
April 2006 and April 2007 respectively
2. Update on Economic Development Report by Cheryl
Brown: Presented
C. City Clerk's Office - Will Berg
1. Update on Thousand Springs well lot sale: Auction
November 2, 2005
2. Update on Public Hearing for Transfer of Parking Lot to
MDC: Public Hearing Scheduled November 9, 2005
D. City Attorney's Office
1. Addition of a Part Time Attorney: Approve
2. Simunich Update:
3. Update on Landfill Issues: Send Response Letter
4. Ordinance Changes: Negligent Manner
U-Turns - review by ACHD & ITD
Traffic Safety Commission
Meridian City Council Meeting Agenda - October 11, 2005 Page 3 of 4
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearing
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
Electrical Code
7. Items Moved from Consent Agenda: Item G
"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. IJ
8. Public Hearing: VAC 05~011 Request for a Vacation of Irrigation
Easements for Bonito Subdivision by Dave Evans Construction - 3041
East Copper Point Drive: Approve Findings of Fact and Conclusions
of Law for Approval
9. Public Hearing: VAC 05~014 Request to Vacate Ada County Highway
District Right-of-Way for Dorado Subdivision by W.H. Moore - northwest
corner of Eagle Road and Overland Road: Send letter of Approval to
ACHD
10. Public Hearing: AZ 05-041 Request for Annexation and Zoning of 10.15
acres from RUT to R-8 zone for Woodburn Subdivision by Centennial
Development, LLC - 840 West Ustick Road: Approve Findings of Fact
and Conclusions of Law for Approval
11. Public Hearing: PP 05-041 Request for Preliminary Plat approval of 47
single family residential building lots and 10 common area lots on 10.15
acres in a proposed R-8 zone for Woodburn Subdivision by Centennial
Development, LLC - 840 West Ustick Road: Approve Findings of Fact
and Conclusions of Law for Approval
12. Public Hearing: CUP 05-042 Request for Conditional Use Permit for a
Planned Development for Woodburn Subdivision that includes
reductions to the minimum requirements for lot size, street frontage and
setbacks by Centennial Development, LLC - 840 West Ustick Road:
Approve Findings of Fact and Conclusions of Law for Approval
13. Public Hearing: RZ 05~018 Request for a Rezone of 71.24 acres from 1_
L to C-G zone for Crossroads Shopoina Center, Presidential
Subdivision and Reagan Subdivision by the City of Meridian -
southeast corner of Eagle Road and Fairview Avenue: Approve Findings
of Fact and Conclusions of Law for Approval
14. Ordinance No. 05-1188 : Distribution
Pseudoephedrine Products (2nd Reading):
of
15. Ordinance No. 05-1189 AZ 05-012 Request for
Annexation and Zoning of 6.34 acres from RUT to R-4 zone for EI Gato
Subdivision by C2B Development, LLC - 701 Black Cat Road: Approve
Meridian City Council Meeting Agenda - October 11, 2005 Page 4 of 4
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearing
please contact the City Clerk's Office at 888-4433 at feast 48 hours prior to the public meeting.
CITY OF MERIDIAN
CITY COUNCIL REGULAR MEETING
AGENDA
Tuesday, October 11, 2005, at 7:00 p.m.
City Council Chambers
33 East Idaho Avenue, Meridian, Idaho
1. Roll-calf Attendance:
-L Shaun Wardle ~ Christine Donnell
-X- Charlie Rountree ~ Keith Bird
~ Mayor Tammy de Weerd
2.
Pledge of Allegiance:
Je rthv11f" P 1c..;}...J-
3. Community Invocation by Pastor Bud Henthorn, with Meridian
Gospel Tabernacle: ~~,<,
4. Adoption of the Agenda: ~Vl<-
5. Consent Agenda:
A. Approve Minutes of August 9, 2005 City Council Special Meeting
Minutes: tt~v<-
B. Approve Minutes of September 13, 2005 City Council Regular
Meeting: ~lA<-
C. Tabled from October 4, 2005: Findings of Fact and
Conclusions of Law for Approval: 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: a~v<<--
D. Tabled from October 4, 2005: Findings of Fact and
Conclusions of Law for Approval: CUP 05-024 Request for a
Conditional Use Permit for a Planned Development for multi-family f
clubhouse f office I 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: #pJ77'?WG-'
Meridian City Council Meeting Agenda - October 11, 2005 Page 1 of 4
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearing
please contact the City Clerk's Office at 888-4433 at feast 48 hours prior to the public meeting.
J-G.
E.
Tabled from October 4, 2005: Findings of Fact and
Conclusions of Law for Approval: 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: vrfh'1PV'L-
Findings of Fact and Conclusions of Law for Approval: AZ 05~
032 Request for Annexation and Zoning of .56 acres from R6 to L-
o zone for West Carol Street Professional Center by James and
Carrie Jewett -1560 Carol Street: a-~~
Findings of Fact and Conclusions of Law for Approval: CUP
05-040 Request for a Conditional Use Permit to modify the
Conditions of Approval for CUP 03-050, in order to allow the
existing building at 703 North Main Street to remain and to allow a
public use in the 0- T zone for Farmers and Merchants State
Bank by Farmers and Merchants State Bank - 703 North Main
Street: Cf-p-j7rt71,/1L ~rr;de--z a.f7~ -;:z, tPc.h~ 2-5( woS'
Findings of Fact and Conclusions of Law for Approval: PP 05~
022 Request for Preliminary Plat approval of 4 building lots and 1
common lot on 1.74 acres in a L-Q zone for Woodpenn
Subdivision by Pennwood III, LLC - 429 SW 5th Avenue: apjlYOV'<-
Findings of Fact and Conclusions of Law for Approval: CUP
05-030 Request for a Conditional Use Permit for a commercial
Planned Development on 1.74 acres in a L-O zone for Woodoenn
Subdivision by Pennwood III, LLC - 429 SW 5th Avenue: ~Q~
J. Approve Pavment Application No.5 for Meridian Senior Center
Remodel to KMO, Inc.: CLlrV<..-
F.
H.
K. Approve Federal Eauitable Sharina Aoreement with U.S.
Department of Justice: o/rpV'L-
L. Approve Sidewalk Easement for Ada Countv Hiahwav District
for Well No. 26 Pumping Facilities Project: ap~fIt<-
M. NPDES Permit Assistance Contract with CH2M HILL: ~~
N. Award of Bid for Autumn Faire Subdivision City Well Lot
Landscapina to Sunshine Landscaoino. Inc.: ~V\A....-
O. Water Main Easement Aareement for EI Dorado Retail Buildina
No.2 by Kimball Properties, LP: ?I'rv~
Meridian City Council Meeting Agenda - October 11,2005 Page 2 of 4
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearing
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
P . '. h . ..-h../P-.L -601 ~{; 2oo~
. Agreement for Services Wit AsplreOn: 7p/IX.-L T" (.7 . I
Q. City Clerk Notification of Election Precinct and Polling Places: ~t/I.A-
6. Department Reports:
A.
Parks & Recreation Department:
1. Autumn Faire Subdivision Park Contract I Agreement:
(;2PfJ'rPVL 6uetF" A.1fkf.f-~ fI/'/t.r/t;U, ~sc ~
Mayors Office p~v-e / p~a-..d- h,u-Iv :R 274, ':f4/:'?
1. Reappointment of Historic Preservation Commission
Frank ~~~tson and Tom ~~~7ond: ~ ~pr-vV'-"--
2. Update on Economic Development Report by Cheryl
Brown: trt~o<-
C. City Clerk's Office - Will Berg
B.
1. Update on Thousand Springs weUlot sale: I}ucf;~ //-2-pt;'
2. Update on Public Hearing for Transfer of Parking Lot to
MDC: jJh!J/I'"c/vz-~/;:""J SC7~ 11-9-&5
D. City Attorney's Office
1. Addition of a Part Time Attorney:
a;? provo(.,
2. Simunich Update:
3. Update on Landfill Issues:
5e.~ /U-5"~~ I ~-r~
4. Ordinance Changes: N?4/iJerv-t /han~ \. \
UJJ~N - l-eVl(:w 1:J'1 h<-H() I- /7!J
7. Items Moved from Consent Agenda: 7~'t.f'ak/tj !QIhIY\/J,f,'V;....
6 - E7ee-1n t. t:..1 C.., c[L
l'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. "
8. Public Hearing: V AC 05-011 Request for a Vacation of Irrigation
Easements for Bonito Subdivision by Dave Evans Construction - 3041
East Copper Point Drive: ~ve. ,c/;:, c/.-t. ~ ~pNJ~
Meridian City Council Meeting Agenda - October 11, 2005 Page 3 of 4
All materials presented at pUblic meetings shalf become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearing
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
9.
Public Hearing: VAC 05~014 Request to Vacate Ada County Highway
District Right-of-Way for Dorado Subdivision by W.H. Moore - northwest
corner of Eagle Road and Overland Road: A-- d \
~..t..df~ # a-~~ ~ /Tc.-n.D
Public Hearing: AZ 05~041 Request for Annexation and Zoning of 10.15
acres from RUT to R-8 zone for Woodburn Subdivision by Centennial
Development, LLC - 840 West Ustick Road: \
ajPjff';>~ ~/;:"c.// ~ ~/'fr"Pv~
Public Hearing: PP 05-041 Request for Preliminary Plat approval of 47
single family residential building lots and 10 common area lots on 10.15
acres in a proposed R-8 zone for Woodburn Subdivision by Centennial
Development, LLC - 840 West Ustick Road:
a / p rp/IX .;;-I.,c '" (//.< .,c;,..,- ;vp J?n' ~
Public Hearing: CUP 05-042 Request for Conditional Use Permit for a
Planned Development for Woodburn Subdivision that includes
reductions to the minimum requirements for lot size, street frontage and
setbacks by Centennial Development, LLC - 840 West Ustick Road:
~v-<- ..r/~..( c.l ~ r;4rr ap /O'YlPvot-<-
Public Hearing: RZ 05-018 Request for a Rezone of 71.24 acres from 1-
L to C-G zone for Crossroads Shoooino Center, Presidential
Subdivision and Reagan Subdivision by the City of Meridian _
southeast corner of Eagle Road and Fairview Avenue:
~ #a?1 cl...e ~ ^'P~
Ordinance No. 05-1188 : Distribution of
Pseudoephedrine Products (2nd Reading):
Ordinance No. tJ,. -- I ( !3 1 AZ 05-012 Request for
Annexation and Zoning of 6.34 acres from RUT to R-4 zone for EI Gato
Subdivision by C2B Development, LLC - 701 Black Cat Road: ~~
10.
11.
12.
13.
14.
15.
Meridian City Council Meeting Agenda - October 11, 2005 Page 4 of 4
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearing
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
October 28, 2005
MERIDIAN CITY COUNCIL MEETING
APPLICANT
November 1, 2005
ITEM NO.
5-0
REQUEST Approve Minutes of October 11, 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:
~r
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Materials presented at public meetings shall become property of the City of Meridian.
Meridian Citv Council Meetina
October 11. 2005.
The regular meeting of the Meridian City Council was called to order at 7:00 P.M.,
Tuesday, October 11,2005, by Mayor Tammy de Weerd.
Members Present: Tammy de Weerd, Keith Bird, Shaun Wardle, and Charlie Rountree.
Members Absent: Christine Donnell.
Others Present: Bill Nary, Will Berg, Anna Canning, Len Grady, John Overton, Bill
Johnson, and Dean Willis.
Item 1:
Rolf~call Attendance:
Roll call.
~ Shaun Wardle _Christine Donnell
X Charlie Rountree X Keith Bird
- ~ MayorTammydeWeerd
De Weerd: Good evening. I will go ahead and start the meeting. It is the regular
meeting agenda for City Council, Tuesday, October 11. It's 7:00 o'clock. Welcome. It's
always nice to see young faces in our Council chambers and it's usually not normal,
only if it's a government class. So, we do welcome you and stay as long as you would
like. Will, go ahead and start with roll call attendance.
Item 2:
Pledge of Allegiance:
De Weerd: Item No. 2 is the pledge of allegiance. We will be led tonight by Jeremy
Hopkins. If you will all rise?
(Pledge of Allegiance recited.)
Item 3:
Community Invocation by Pastor Bud Henthorn, with Meridian
Gospel Tabernacle:
De Weerd: Jeremy, I do have a City of Meridian pin and thank you for leading us.
Okay. Item NO.3 is our community invocation. We will be led today by Pastor Bud
Henthorn with the Meridian Gospel Tabernacle. If you will all join us in the community
invocation or take this as an opportunity for a moment of silence.
Henthorn: Heavenly Father, we pause for a moment to be certain of our spiritual center.
We are reminded that your word teaches us that what is required of man is that we live
justly, that we love mercy, and that we walk humbly with our God. Father, as we gather
here tonight to make decisions that affect the whole community, as we gather tonight to
make decisions that affect future generations, we ask that you would work in each of
Meridian City Council
October 11, 2005
Page 2 of 42
our hearts, cause us, Lord God, to love justice and to love mercy and to do our work
here tonight with great humility. We ask it in Jesus' name, amen.
De Weerd: Thank you. Pastor, I guess it's kind of a disadvantage when your church is
the one that organizes this and if you can't find somebody you're nominated; right? But
we sure like seeing you.
Henthorn: Well, Thank you. I like being here.
Item 4:
Adoption of the Agenda:
De Weerd: Thank you. And I will put in a shameless plug. Seeing all these youth
today, we do have a youth council. It meets twice a month and certainly you're
encouraged and invited to attend this. If you want any information, we have. that
available in my office. Just call City Hall and we will tell you when they meet. We are
encouraging youth to be involved in decisions that are being made, helping to design
the future of your community. So, certainly would encourage you to get involved if you
would like. Item No.4 is adoption of the agenda.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move -- well, we have got a couple of changes on the Consent, but I'll do that
through the Consent Agenda. I move that we approve the agenda as published and
that would include Ordinance 05-1188, the second reading of the Sudafed ordinance,
and also Ordinance No. 05-1189.
Rountree: Second.
De Weerd: Okay. The motion is to approve the adoption of the agenda as presented.
And, Mr. Berg, when we get to 15, is that number correct? Okay. All those in favor say
aye. All ayes. Motion carries.
MOTION CARRIED: ALL AYES.
Item 5:
Consent Agenda:
A. Approve Minutes of August 9, 2005 City Council Special Meeting
Minutes:
B. Approve Minutes of September 13, 2005 City Council Regular
Meeting:
C. Tabled from October 4, 2005: Findings of Fact and
Conclusions of Law for Approval: AZ 05-016 Request for
Meridian City Council
October 11, 2005
Page 3 of 42
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:
D. Tabled from October 4, 2005: Findings of Fact and
Conclusions of Law for Approval: CUP 05-024 Request for a
Conditional Use Permit for a Planned Development for multi-family I
clubhouse / office I 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:
E. Tabled from October 4, 2005: Findings of Fact and
Conclusions of Law for Approval: 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:
F. Findings of Fact and Conclusions of Law for Approval: AZ 05-
032 Request for Annexation and Zoning of .56 acres from R6 to L-
o zone for West Carol Street Professional Center by James and
Carrie Jewett - 1560 Carol Street:
H. Findings of Fact and Conclusions of Law for Approval: PP 05-
022 Request for Preliminary Plat approval of 4 building lots and 1
common lot on 1.74 acres in a L-O zone for Woodpenn
Subdivision by Pennwood III, LLC - 429 SW 5th Avenue:
Findings of Fact and Conclusions of Law for Approval: CUP
05-030 Request for a Conditional Use Permit for a commercial
Planned Development on 1.74 acres in a L-O zone for Woodoenn
Subdivision by Pennwood Ill, LLC - 429 SW 5th Avenue:
J. Approve Pavment Application No.5 for Meridian Senior Center
Remodel to KMO, Inc.:
K. Approve Federal Eauitable Sharino Aoreement with U.S.
Department of Justice:
L. Approve Sidewalk Easement for Ada Countv Hiahwav District
for Well No. 26 Pumping Facilities Project:
M. NPDES Permit Assistance Contract with CH2M HILL:
Meridian City Council
October 11, 2005
Page 4 of 42
N. Award of Bid for Autumn Faire Subdivision City Well Lot
Landscapina to Sunshine Landscapina. Inc.:
O. Water Main Easement Aareement for EI Dorado Retail Buildina
No.2 by Kimball Properties, LP:
P. Agreement for Services with AspireOn:
Q. City Clerk Notification of Election Precinct and Polling Places:
De Weerd: Item 5. Mr. Bird.
Bird: Madam Mayor, on the Consent Agenda we need to pull Item G, the CUP 05-040,
to 7-G on the regular agenda and, then, Item P, the agreement for service with
AspireOn, we need to table for two weeks, which would be October 25th. And with that
I would move that we approve the revised Consent Agenda and for the Mayor to sign
and the Clerk to attest on all proper papers.
Rountree: Second.
De Weerd: Okay. Motion to approve the Consent Agenda as amended. Mr. Berg, will
you call roll.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, absent.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Item 6:
Department Reports:
A. Parks & Recreation Department:
1. Autumn Faire Subdivision Park Contract I Agreement:
De Weerd: Okay. Item 6-A, the Parks Department. Elroy. I assume, Doug, that Elroy
was presenting?
Huff: Madam Mayor, Members of the Council, appreciate meeting with you tonight and I
handed out a handout to you before the meeting. Let me go through just a few things
on that and I will get right down to the point. If you look at the second item down, it says
remaining budget, 171,848 is carryover from just this past year. Low bidder for the
project, when we put it out to bid, was Hillside Landscape, at 234,341. Extra dollars we
would need to award that contract was 62,493. And, then, below that we have some
construction costs to tap a water line, which we worked out with Public Works for that
park for shoulder season, spring and fall. As well as ten percent contingency. What 11m
requesting tonight -- or what the department is requesting tonight is 81,501 dollars
added to the Autumn Faire Park or Seasons Park account, which would get this contract
MeridIan City Council
October 11, 2005
Page 5 of 42
rolling and get that park pretty well finished up. The current budget of 2006, we have
113,000 in there. That 113 is earmarked for a shelter and a restroom. We'd like to
retain that and be able to get on that as well. So, the other thing that we are requesting,
besides the 81,000, is that you would award the contract to Hillside Landscaping
Nursery for 234,341 dollars and we will get going. Any questions?
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I have got a couple of questions before I make a motion. You have got the
original budget of 194,000?
Huff: Yes, sir.
Bird: And, then, where did that 22,162 dollars -- where did we spend it? Because we
have got a remaining budget of 171,848.
Huff: Right. We had some costs in there -- and I can't remember what a couple of them
are, but most of it is architectural.
Bird: This was -- that was for the architectural drawings, then?
Huff: Yeah. For all the plans.
Bird: For the whole thing.
Huff: I didn't have it in there. I guess I left it out, so --
Bird: And, then, you want to -- you want a budget adjustment of 81 ,501 dollars --
Huff: Yes, sir.
Bird: Which we will take care of next September -- I mean is when we will pass on it;
right? Council? We do it once a year? But we can authorize it.
Rountree: You can authorize it and approve it.
Bird: And your current budget, 113, you want to leave that alone?
Huff: Yes, I do. Because that's the restroom and the shelter and everything that we
need to --
Bird: I understand now.
Huff: -- get it pretty well done.
Meridian City Council
October 11, 2005
Page 6 of 42
Bird: If there is no other questions, I could certainly make a motion.
De Weerd: Council, any other questions?
Rountree: I have none.
De Weerd: Okay. Mr. Bird.
Bird: Madam Mayor, I would move that we approve the budget adjustment at this point
of 81,501 dollars for Autumn Faire, Seasons Park, and can I award the contract at the
same time or does it --
Nary: It should be separate.
Bird: That should be separate.
Rountree: Okay. I'll second.
De Weerd: Okay. Motion to approve. Is there any further discussion? Mr. Berg, will
you call roll.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, absent.
MOTION CARRIED: THREE AYES. ONE ABSENT.
De Weerd: Okay. Mr. Bird.
Bird: Madam Mayor, I would move that we approve the contract for Autumn Faire,
Seasons Park, to Hillside Landscape contractors, to the sum of 234,341 dollars and for
the Mayor to sign and the Clerk to attest when the contractors have signed.
Rountree: Second.
De Weerd: Okay. Motion to approve the award of contract to Hillside. Is there any
further discussion? Mr. Berg.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, absent.
MOTION CARRIED: THREE AYES. ONE ABSENT.
B. Mayors Office
1. Reappointment of Historic Preservation Commission
Frank Thomason and Tom Hammond:
Meridian City Council
October 11, 2005
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De Weerd: Thank you. Item B. I have discussed last week about the reappointment on
our historic preservation commission, the reappointment of Frank Thomason and Tom
Hammond. This is just kind of a clean up and Frank Thomason would be until four of
'06 and Dr. Hammond is four of '07. So, you will see Frank again in a couple of months
for reappointment, but this just cleans it up so the terms are all staggered.
Bird: You mean six months?
De Weerd: Yeah.
Bird: Okay.
Rountree: Do you need a motion to that effect?
De Weerd: Please.
Rountree: Madam Mayor, I move that we approve the reappointment of Frank
Thomason and Dr. Tom Hammond to the historical preservation commission, terms to
run as stated by the Mayor.
Bird: Second.
De Weerd: Okay. Motion to approve the appointment of Frank Thomason and Tom
Hammond on the HPC. Mr. Berg, will you call roll.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, absent.
MOTION CARRIED: THREE AYES. ONE ABSENT.
2. Update on Economic Development Report by Cheryl
Brown:
De Weerd: Thank you. Item B-2 is our Economic Development Coordinator Cheryl
Brown.
Brown: Good evening. I'm so excited that the kids are here tonight.
De Weerd: Are you a teacher?
Brown: They usually see me at home in my sweats eating pizza. They will know what I
do.
Bird: You got them fooled.
De Weerd: No, she doesn't.
Meridian City Council
October 11, 2005
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Brown: I put a packet up there for you to just kind of briefly go through just -- Keith, cut
me off when you feel I have said enough, because I'm going to cover stuff that isn't on
that first. I just wanted to update you as to what I have been doing the last couple
months. I have been working again with Commerce and Labor and Compass gathering
our statistics for Meridian, our work force availability, our unemployment rates, our per
capita income, employment, I have been educating myself on the incentives that the
state offers and on the industrial revenue bonds with Commerce and Labor. I have
been working with the Public Works Department and Bruce and I right now are working
with Compass to try and get them the same figures, so we can compare apples to
apples that the other cities are. I just found out tonight at 4:30 that we aren't -- the
information that they are getting is different than what they are getting from Boise in
some of the aspects of the residential and the commercial. So, now we are going
through this with a fine toothcomb, so we can get Compass the exact numbers they
need, so we can get accurate revenue projections. I'm also on the process innovation
group, which is to streamline the process and that's through our building -- the building
department, tracking the developers' projects and seeing where they are. We have
formed the Mayor's Economic Development Council. At our last -- the last time I
reported to Council we had raised 4,000 dollars. Right now we have 32,000 dollars and
that should be climbing very soon. We have an ambassador program that was put
together through the University of Phoenix that we are going to be launching at our next
Council meeting. We are focusing on our education for our workforce training, our
infrastructure, which would be the fiber optics, the water, the sewer, business attraction,
retention and expansion. Some advertising that have done -- and you will see it in your
packet, our brochure is finally done and that is out in our information packets. It's also
available through the Chamber of Commerce. We have completely revitalized the
website for the economic development. If you go on the website it's very very
professional. It has the flashy animation, it's -- it's very very nice. Our informational
folders are at the marketing design firm right now. She's working on getting Meridian
folders designed to send out the information. We put an ad -- half color ad in the
Horizon Air magazine, which is in your packet, that went out in the October -- it's going
in over 10,000 flights, along with the article on the Idaho. I'm working on a partnership
with another Idaho company that I can announce at a later date and this will be to
market Meridian here in town, as well as nationally and globally. That's one I -- I really
can't give you a lot of details on right now, but I will as soon as we work out all the
details. The website -- I will talk a little bit about that. It's -- we went from functional to
professional and state of the art. We have the flashy animation introduction. It's easy to
navigate through. We kicked it off this week when the airline ad came out. Meetings
that I have been going to -- the Boise Valley Economic Partnership. The Idaho
Economic Development Association. We have been meeting on Ten Mile interchange
with the developers and stakeholders. The Process Improvement Group. Alcohol
Beverage Control, working on liquor license legislation. I've had a few meetings with
Boise State to work on their workforce training ability for our employers that we have
here who are looking at expanding. And how we can partner with Boise State as well.
And our community center meeting. Some leads that I have got that have come in from
a VBAP and from Commerce and Labor have been call centers, food packaging,
distribution warehouses,. food processing, a transaction center, which was a billing
Meridian City Council
October 11, 2005
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department, and another one that was called Project Tree that needed to be by forest
land. Local projects and local developers that I have been working with is Candlewood
Hotel out at Silverstone. The Elixer property, working with Ten Mile Development,
Silvercreek Properties from California, and Dennis Baker. Pinebridge. And there is
some really really exciting things coming to Pinebridge and I can't talk about them, but
you will be really excited. And as soon as I can talk about them I will. Centerpoint,
Winston Moore's project on Eagle and Ustick, just landed their anchor tenant, which is
going to be Cole's. They said I could say it today. They are going to bring about 150
jobs. They have estimated a property tax base bringing into Meridian of 100,000. It's a
96,000 square foot building. And once that anchor goes in, they will be starting to build
March of '06 and open October. And, then, you will see the other stores falling in line
pretty quick afterwards. Waltman Lane. I have been working with both of the California
developers on their preliminary plans, what they are looking at bringing in at Waltman
Lane. Corrabba's Italian restaurant, which is going next to the Ram. Sizzler, which is
going out at Ustick marketplace. A manufacturing lab. They manufacture eye-glasses.
And they haven't picked a site yet. We are still working on that. Country Inn, which is
across from the Ram, hotel, that is Van Auker -- on Van Auker property. And also we
have filled the 72K building that Van Auker -- Ron Van Auker has with Oregon Tile and
Marble and they went in at 24,000 square foot. And they have got two businesses in
Oregon and two in Washington. The Majestic cinema is done. I have been working
with Jakers coming to Meridian, who is looking at a site out at Eagle and Pine. I have
been working with Fred Meyers on their next site that they are looking at putting in
Meridian. The Travis Group, which is a consulting and fire protection and perimeter
defense company, sent a press release out this week that they will be coming to
Meridian from Washington. Expansions that I have been working on, Blue Cross's nine
million dollar expansion. Food Service of America's four million dollar expansion. Tri-
City Meats expansion. Double-D's expansion. Micro 100 Tool four million dollar
expansion. I have been working on a lot of liquor licenses. Lou Aaron's English Pub.
That's coming. Do you have any questions so far?
De Weerd: Now you know why she's working on liquor licenses.
Brown: Lots. If you go through, the first page is just pretty much Meridian at a glance
and we just highlighted some of the businesses and what the employment numbers
were there. Page two is just an overall economic investment in Meridian and it
continues to sky rocket. Every developer I have talked to is seeing -- not seeing it slow
down for the next couple years. On page three I talk a little bit about the website and
expansions. This is the ad that we put in directing people on our website in the Horizon
Air magazine. And this -- Chris, our summer intern that we had, how do Meridian
developers feel about the current pace and outlook of economic development. He put
that together with some of the quotes from the developers. Will Meridian and Idaho
sustain growth? According to everything that we have been researching, yes. And we
are growing in leaps and bounds. The map here, the little measles map, that is broke
down to show you where these type of businesses are located in the city. It's broke
down to your retail, your office and professional, your medical, manufacturing,
transportation, utilities, and your public. So, you can kind of look at the map and get a
Meridian City Council
October 11, 2005
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feel of where a lot of the different industries are locating. The next page is your
nonresidential permits total value and, then, total square footage of the different
industries. And that's over the last five years. Then, we have compared it to Boise city
limits as well. On the pie chart we have got the Meridian city limits with it broke down to
what percentage of what industry we kind of have here in Meridian. We also -- I just
gave you a comparison in there and put Boise in there as well. If you look at the second
to the last page, the new commercial permit activity, and I wrote the numbers here on
the bottom. We have had record -- record months in commercial and in residential.
The number of permits over here so far for '05 and we are not even done, is 96 for
commercial. And I put the dollar amounts down here as well for 2003, '4 and '5. And,
then, the last page is your single-family permit activity. What we were trying to work on
and found it wasn't -- our numbers weren't working, is the percentage of residential
versus commercial. And this what we are having to rework with Compass, because the
numbers aren't right. So, Bruce was over there today and met with Compass. I was
over there before. So, now we are going to revamp that a little bit, so we can get more
accurate numbers to be compared with the other cities. Are there any questions?
De Weerd: Cheryl, also I guess noteworthy is in 2000 our residential to commercial
ratio was ten percent commercial to 90 percent residential. It is 31-69 split now. With
the residential growth that is quite a feat and I guess I appreciate the single point of
contact and I believe that the business industry has appreciated that as well and what
Meridian has tried to do is partner with those that are working out there trying to recruit
businesses and jobs to the area and be their partner and leverage all our dollars in that
recruiting effort. So, appreciate what Cheryl's been doing, appreciate those that are
working with her. I know that Winston and Jonathan on their project have been working
and she has been developing timelines with these business park developers and trying
to keep their projects on track, because we know that the bottom line is meeting those
time frames and getting those jobs in town. So, appreciate what you have done.
Council, any questions?
Bird: Just a good job.
Rountree: Keep up the good work.
Brown: Thank you.
Wardle: Madam Mayor?
De Weerd: Mr. Wardle.
Wardle: Sentiments exactly and just to -- did you call this the measles map?
Brown: Yeah.
Meridian City Council
October 11, 2005
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Wardle: On the measles map I think you might have a problem with the measles on the
Black Cat Road. It appears that the majority of the business growth has happened
around the park that we just funded, so I'm sure ifs just a computer error, but--
Brown: Oh.
Bird: Yeah. You're right.
Brown: I'll call Compass.
Nary: If you're going to put that out for publication --
Brown: I'll call Compass.
Bird: A setback.
Brown: Thank you.
De Weerd: Thank you, Cheryl. Okay. Item 6-C, City Clerk's Office. Mr. Berg.
C. City Clerkfs Office - Will Berg
1. Update on Thousand Springs well lot sale:
Berg: Thank you, Madam Mayor, Members of the Council. An update on the Thousand
Springs well lot sale, which is a surplus property item. We have an auction scheduled
for Wednesday, November 2nd, at 3:00 o'clock, which, hopefully, will have a bidder or
two and we will be proceeding along with an agreement and a purchase. So, any
questions on that item?
De Weerd: Council?
Bird: No.
De Weerd: Mr. Rountree.
Rountree: Is that a closed bid? Open bid? On site bid?
Berg: I don't believe -- Madam Mayor, Councilman Rountree, I don't believe it
specifically -- however we want to have it. There wasn't anything specifically in the code
that said what kind of auction it was to be and we are -- Ted and myself are putting
together an information bidding package that addresses in the notice. So, that's a very
good question. It will probably be a closed bid and a percentage down of your bid and
so many days to pay.
Rountree: Okay.
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October 11, 2005
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Berg: A lot of them are just cash, but it doesn't have to be. We just determine what the
bidding package is.
Rountree: Just out of curiosity. Get it sold.
Berg: I'll get that information to you when we have it put together.
2. Update on Public Hearing for Transfer of Parking Lot to
MDC:
De Weerd: Thank you. Item 2.
Berg: Item 2. Update on Public Hearing for transfer of parking lot to MDC. That is
scheduled -- noticed for Public Hearing on November 9th, Wednesday, at the regular
City Council meeting for a conveyance or transfer. We have to have that Public Hearing
for any information or public testimony on that transfer and, then, we will proceed from
there. Little bit different than the surplus property.
De Weerd: Council, any questions on that?
Bird: I have none.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: Just the timing on the transaction after the 9th. We are looking at two
months? Two weeks?
Berg: Mayor, Councilman Rountree, I'm not sure what the transaction is, if we have to
wait a period. Maybe our city attorney might know. I didn't read that far to determine if
there was a waiting period after that hearing and your decision. Because there isn't a
bidding or an option or anything of that nature.
De Weerd: Mr. Nary. We have already had our Public Hearing.
Nary: Madam Mayor, Members of the Council --
Berg: No. Madam Mayor, this is our Public Hearing for this property.
Nary: Yeah. I don't think there is. I think the circumstances after the Public Hearing is,
then, you will bring back the final action. If you approve it, you will bring back the final
action transferring that interest by resolution. You can do that transfer and, then, that's
what gets recorded. And I don't believe there is a waiting period, because it's not a
sale, it's a transfer, so --
Meridian City Council
October 11, 2005
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Rountree: So, we are looking at weeks, as opposed to months.
Nary: Correct.
Rountree: Okay.
De Weerd: Any other questions?
Bird: I have none, Mayor.
De Weerd: Council, as we get to the city attorney, I do see Mr. Larsen from the
Treasure Valley Partnership. I know he's probably here for the third reading of our
Pseudoephedrine ordinance to, actually, go back and tell the other partners that we
passed it and that it will be there to sign -- is this the second reading and not the third?
Bird: It's just the second.
Rountree: Just the second.
De Weerd: Oh. Okay.
Nary: Second readIng.
De Weerd: Mr. Larsen, we have one more reading on that. Do you have any comment
on that? If you will step up to the microphone. We appreciate you being here tonIght.
Larsen: I have really no comment, other than I have looked at the ordinance and
everything looks good according to what the other cities in the Treasure Valley are
doing with -- in regards to this issue. Now, there are a couple of abstentions, but those
are pretty rural cities and their ability to act on an ordinance like this is not near the level
of yours and I applaud you for your efforts, actually. Thank you very much.
De Weerd: Well, thank you. We appreciate your coordination of all of the cities and
counties on this item. Okay. Item D. CIty attorney. Mr. Nary.
D. City Attorney's Office
1. Addition of a Part Time Attorney:
Nary: Thank you, Madam Mayor. I'm going to get out of the chair. A few things I need
to talk with you about. Madam Mayor, Members of the Council, there is a number of
different items on your agenda this evening. The first one is a part-time attorney. I
spoke to you a number of weeks ago about the possibility of hiring a part-time attorney
and some transferring of some funds from our current budget from some different line
items for both legal contracted services, as well as an intern. We have advertised, we
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October 11, 2005
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have the attorney on board that we would like that we discussed previously and I
brought to you. Her circumstances have changed to allow her to take a part-time
position like this. What I need tonight, if you're in agreement -- I sent you a previous e-
mail, just the transfer of funds of transferring a portion of the funds that are all set aside
for a legal intern, as well as a portion of our legal contracted services of approximately --
the total amount is approximately 31,000 dollars. For the -- both part-time salary, as
well as the PERSI contribution, FICA, work comp, all of those things that -- licensing
costs, those types of things. We have already purchased the furniture. So, jf you're in
agreement for us to go ahead and engage this attorney, I would need a motion and
approval from you to add a part-time position to our staff, to authorize the transfer of
funds internally to fund that position, and the other thing, if you're in agreement, when
we came before you in the budget hearing for an intern, both myself and finance
neglected to add a computer to that. We would need a computer for that person to work
from. Well, with this part-time position, they will be working partly at home, but they will
be working partly in the office, so we would also need a computer. We would need your
approval to, then, amend our capital plan to allow for us to add to our capital list another
computer purchase for that as well and we will have the money from our budget for that
as well. So, if all of those meet your satisfaction that we can go ahead and hire this
attorney, I just need your authorization to do that.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Bill, we are not -- we are just -- we are not getting a budget adjustment, we are
just making line item changes; am I not right? I mean we have got it in the budget. We
are not adding to the budget or anything.
Nary: We are not adding to the budget. I just need your authorization to move those
line items -- predominately what I need is your authorization to add a person that --
Bird: And that's what I thought, too. To add the part-time attorney.
Nary: Correct.
Bird: And, then, the line items will be added -- will be changed around at a later -- at
anytime.
Nary: Right.
Bird: Okay. No more questions, I move that we approve the part-time attorney.
Rountree: Second.
De Weerd: Okay. Motion to approve the part-time attorney and the appropriate budget
adjustments. Mr. Berg, will you, please, call roll.
Meridian City Council
October 11, 2005
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Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, absent.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Bird: Madam Mayor, that did include the computer, too, which was part of the --
Nary: Right. That's what I thought you meant.
Rountree: The second agrees.
Bird: Does the second agree?
Rountree: Yes.
De Weerd: Okay.
2. Simunich Update:
Nary: Thank you, Madam Mayor, Members of the Council. The next item on the
agenda for discussion was regarding Mr. Simunich's property. If you recall last week
there was a project that's in front of you, Crossfield Subdivision, and there was a large
portion of what used to be Mr. Simunich's property that is no longer in his control, he
has sold it to a different development company, and they are bringing that before you.
What the discussion last week was that Mr. Simunich's property is now completely
surrounded by the city, he also receives city services. We did review the minutes from
last August, I believe, where Mr. Simunich had requested connection to city services,
both water and sewer. Under the Idaho Code once you have connected to city
services, the Idaho Code has determined that to be consent to be annexed into the city.
Your direction to staff was to begin that process. In our discussions this past week
between my office and the planning staff and Public Works, we have other parcels
within the city that we are aware of and some that we maybe need to identify, that are
similarly situated. They are on city services and they are contiguous to the city
currently. What I was going to recommend to you -- and if that's what you'd like to do,
just receive your direction, that we identify not just Mr. Simunich's property, but any
other ones so situated. So, if we are going to bring -- rather than bringing one parcel in
front of you, that we would find whatever other parcels are in the same situation and
bring those forward as well for annexation, but -- if that's your direction. If you want us
to proceed with just the one, we can certainly go forward with that. If you want us to go
-- we know at least one subdivision that is on current services and is contiguous. There
maybe others. We want to identify those and bring those to you.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Meridian City Council
October 11, 2005
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Bird: Is that a complete subdivision that's on our water and sewer and not in the city?
Nary: Well, it's eight parcels. But, yeah, I mean is a completed subdivision.
Bird: That's eight parcels?
Nary: Eight parcels and it's a completed subdivision, as far as we are aware of in our
discussion today with both Mrs. Canning and Mr. Grady, it's the -- I think they think they
are in the city. It's the subdivision that's at the southeast corner of Meridian and Ustick.
I think it's called Eastbrook. Those are on city services and they are contiguous now,
because --
Bird: It's before my time.
De Weerd: It's before our time.
Bird: It's before my time. Hallelujah.
Nary: I think the reason it hadn't come -- in the past, at least over the past number of
years, when we have extended services, we have given the property owner some
deadline in which to come and request annexation. We have either required it based on
development, we have required it based on being contiguous, or we have set some time
limits. With Mr. Simunich we didn't require any of those things, we didn't require him to
come and request it, but we certainly didn't inhibit the city's ability to annex him. We just
simply didn't require he come and seek it. Other properties we have -- my assumption
is, without looking back at the minutes from the time for Eastbrook, is that because it
was a subdivision you had a number of property owners and we don't really have a
subdivision cop to tell us that we are supposed to go ahead and come back and annex.
Usually, it's one developer, one property owner, and they just kind of do it. I'm
assuming that's why that didn't happen. They didn't become contiguous until Sundance
was approved a couple few years ago and so -- they existed well before Sundance and
they now are contiguous because of Sundance. So, they are similarly situated. But if
you would like us, since we are in the process of looking at one parcel, to go and
identify other similarly situated parcels, at least Mr. Simunich's concern that we are
somehow just singling him out would be addressed in us looking at other ones that are
in the same situation.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Bill, I think we should, on something that large -- I do have -- I don't want to go to
individual in-fills, because of what the town east -- I think when we start doing that, we
have got to take -- we, as a Council and Mayor and attorney and clerk, have to sit down
-- and planning and decide what we want, so we don't get the jumble they have got.
Meridian City Council
October 11, 2005
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De Weerd: We are only talking about those that are hooked up.
Bird: That's what I mean.
Nary: Right. I think the parameters --
Bird: Just that and they are not single lots.
Nary: Right.
Bird: You're talking about a whole -- I, for one, would just as soon go for both of it. As
you say, we are not just singling out one person, we have got nine people that can --
Nary: And, Madam Mayor, Mr. Bird, if there are other ones that are situated and we are
going to see if we can determine if there are other ones like that. I don't know that there
are. I guess I have never been made aware that there were other ones. But we will
verify that. But if that's the case, then, at least what you have in front of you would be
people in the same circumstance and, again, it would be simply they are contiguous to
the city and currently on city services. Not just in-fills and not just enclaves, but people
who are actually receiving services now.
De Weerd: Any other questions?
Canning: Madam Mayor?
De Weerd: Anna.
Canning: Councilmember Bird, just to clarify, some of those receiving services are
individual lots similar to Mr. Simunich. They may be smaller, but I just wanted to -- they
are not always in a big subdivision. There are some just individual. So, we will look at
those also.
Bird: Yeah, Anna, I understand, but I don't want to -- without us sitting down and really
looking hard, these in-fills is what I'm talking about.
Canning: Okay.
Bird: And I realize that there is a lot of them that aren't hooked to our service yet. But
as these places get older and stuff, their septic tanks and their wells and stuff are going
to -- and as we develop, you start losing your aquifer and you lose wells. Well, they got
to hook, you know, so I -- but I -- and understand that, yeah. Thanks.
De Weerd: Okay. Thank you, Bill. We will bring that back.
Rountree: I concur.
Meridian City Council
October 11, 2005
Page 18 of 42
3. Update on Landfill Issues:
Nary: Madam Mayor, Members of the Council, next item on your agenda was
discussion regarding the landfill. We had a number of issues. One of the issues you
requested was that we have solid waste advisory committee meeting. We have one
scheduled for the 20th to bring a recommendation back to you. What I was going to ask
you tonight, if it would be in your interest for us to send some notice to the county as to
the process we are going through. We have a November 5th date. The county was
somewhat unclear as to what that means to them and whether November 5th is some
drop dead and we are somehow barred forever, which I don't really think is the case, but
they weren't very clear and I was going to recommend to you that we send them a letter
this week, whether it comes from the Mayor's signature or myself, whichever your
direction is, to at least advise them as to our process, that we have heard from them
and that we are considering their request and that we are having our solid waste
committee meet to provide a recommendation back to you and for you folks to hopefully
be able to reach a decision and a recommendation of some sort by the end of the
month to come back to the county with. I don't necessarily think November 5th is some
magical date that whatever considerations there are or whatever discussions we would
like to have with Ada County are -- somehow have to be concluded by November 5th.
But I didn't know if it would be -- it appeared to be in the city's interest to at least let
them know where our process is at. They seemed a little unsure as to what they
needed to do. I did receive today some information from the city of Boise, they have a
public works commission, similar to our solid waste committee, that meets to make
recommendations as well. They are meeting this Thursday. The staff's
recommendation to the city of Boise is to go with the Ada County landfill proposal and to
not divert their waste stream to Idaho Waste Systems in Elmore County.
De Weerd: So, they are talking in-fall, not one hundred percent.
Nary: At this point one hundred percent.
De Weerd: Okay. The issue -- and we didn't really have that level of discussion last
week. The statute only requires that the city provide basically comment on whether
they wish to participate in the future development of the landfill. It doesn't require what
you do with your waste. You could send the waste anywhere you want to send it.
That's not what the statute is about. It's just whether or not you're going to help pay to
build the landfill up. So, right now Boise city is saying we are not going to divert
anymore waste -- I'm sorry. They are not going to divert anymore waste now. They
have already previously committed in 2001 to sending a portion of their waste to the
Waste Systems landfill in Elmore county back in 2001. They are not committing to do
anymore than what they have already done. They are not committing to any change in
their circumstance. So, again, you can direct the waste -- or through SSC direct the
waste anywhere you choose to send it, all the county is asking is if you will help pay for
the cost through their fee structure. Again, I think we will have a lot of this discussion
with the solid waste committee on how to frame that and what the city's interests are in
trying to get some commitments from the county. They tend to hold a lot of cards. The
Meridian City Council
October 11, 2005
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statute doesn't really give the cities a lot of discretion on those things, other than the
county has to follow some process and we can hopefully get more commitments on
process for fees and how the fees are structured and when notices are sent and those
type of things. And that's things we can request.
De Weerd: Okay. Council, I guess a couple of things came up last week and questions
that were raised, in particular about raising fees and what that process would be, as well
as a second landfill site. We could raise those two questions in this correspondence as
well, so that we can seek those answers and have those available when you would
either be deciding it October 25th or November 1 st. I will not be here on November 1 st,
I will be in DC, so -- but that will allow us to have time to consider their response.
Rountree: Mr. Mayor?
De Weerd. Mr. Rountree.
Rountree: I agree those two questions ought to be in the response back to the county.
Given their unclear position on what that 60 day or 90 day comment really was, I would
suggest that the letter back to them indicate that this is, in fact, our response under that
deadline, point out where our process is, and indicate that we will be giving them a final
decision sometime in November. And if that's inconsistent with their interpretation of the
guidelines, then, let us know and if the 5th happens to become a drop dead date, then,
they can explain to us why and how we ask for an extension if we need one. But to me,
the response we got on the question last week was, well, we don't know what that
means. This could be a letter asking for an extension, it could be anything. So, given
that kind of response from their officials, I would say, okay, this is our response. We are
looking at it.
De Weerd: Thank you, Mr. Rountree. So, it would be the direction of Council to go
ahead and move forward with the correspondence and, then, schedule this after the
solid waste committee gets together.
Bird: It would be mine.
Wardle: It would be mine, too.
De Weerd: Okay. Thank you, Bill.
4. Ordinance Changes:
Nary: The last item, Council, and I apologize for not getting this on your packet. These
are some ordinance changes that we would like --
De Weerd: You can't talk and walk at the same time.
Meridian City Council
October 11, 2005
Page 20 of 42
Nary: If I talk loud he can hear me. We have had a number of requests for changes
and thank you for approving the part-time attorney. Maybe they won't take so long to
get in front of you. And I wanted to bring these in front of you and if you have questions
or concerns. If not -- or if I can address those and, if not, then, we would ask that you
bring these forward on your next agenda for consideration and approval. We have had
two requests by the traffic safety commission and the police department in regard to
some traffic issues in our city. One of them is negligent driving. We have a number of
people who engage in burning their tires out and racing with their friends on the
roadways and the like and we don't --
De Weerd: It wouldn't be any of you.
Bird: None of you kids.
Nary: No. In actuality, it's generally is people who are between 20 and 25 that seem to
do that much more than high school students. This negligent driving is an ordinance
that allows us to address that. Right now the state code doesn't really have specific
language that addresses that type of behavior and it, obviously, can be very dangerous
and can lead to collisions and so the traffic safety commission and the police
department requested something of this nature. So, that's the first item.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: Will these have an opportunity to be reviewed by both ACHD and the Idaho
Transportation Department? Since both of their facilities allow some of these
maneuvers in certain situations, to make sure the signage language is consistent with
their language, so you don't get a judge throwing them out, because you have got one
ordinance saying one thing and one regulation saying another.
Nary: Yeah. I had both of these traffic ones reviewed by our prosecution counsel to
make sure they were complying with them. I can certainly -- I don't think the negligent
driving has any impact on ACHD. The U-turn one is probably the one you're talking
about. And this one's a little bit unique. Our U-turn ordinance, which was adopted in
1998, is identical to the city of Boise ordinance, which was adopted in 1968. They have
the same very fuzzy language and it doesn't always -- again, it doesn't always prevent
people from making very bad driving decisions on when they can make a U-turn. Ours
is more restrictive, because it does require we actually sign an intersection that would
allow you to make a U-turn, but it doesn't conflict with the state code. I can certainly
send it to the highway district ahead of time and the state police for their comment,
that's not a problem. We could do that. I don't see from a legal standpoint having a --
we could be more restrictive in how we enforce the ordinances within our city, again,
without -- without -- as long as it isn't in conflict with the state code, there is no
preemption issue, but --
Meridian City Council
October 11, 2005
Page 21 of 42
De Weerd: And in light of the design that will eventually go in at Eagle Road, it probably
is advisable to run this by them.
Nary: Certainly. I will send -- I will send that over both to ITD and to ACHD before I
bring them back to you.
Berg: Madam Mayor? If I could have a question for the city attorney. The crossout on
this ordinance that you have, I presume, then, the new part, which is kind of like
underlined, usually, is in the secondary part? Okay.
Nary: Yeah.
Berg: I just wanted -- to strike it out, but we are adding to it; right?
Nary: Correct. And J should have done that. So, I apologize that that didn't get on this.
Next in front of you is the Traffic Safety Commission. This is, essentially, a clean-up
ordinance on the memberships -- members of the commission that we have. There was
a couple of things that are simply clearing up. Currently, the Public Works Department
is supposed to have a representative. That used to be Mr. Smith, he's not here
anymore, and Public Works hasn't been a member of the commission, because we
have a transportation planner. Mr. Siddoway has attended every meeting since he's
been in that role, but he's not the designated person to be there. So, this was a clean
up for that. It requires the city prosecutor, but since our city prosecutors are contracted
folks, they don't really have a need to attend. I normally attend it or if I couldn't be there
Mr. Baird would be there in my absence. We also wanted to clear up the -- just, again,
clarifying where the different local citizens that are supposed to be on the committee,
where they are supposed to be located from, because the language is a little fuzzy.
And the other one is that we changed the commission -- instead of it being a fixed nine
member group, it's up to nine member group. Sometimes we may not have enough
citizens to fill those roles at a particular time and you don't want a commission that isn't
legally constituted, because it's required to have a set number, rather than having a
flexible number, like your parks commission does.
De Weerd: Yeah. Because it does affect the quorum.
Nary: Yes. And, then, the last one is, again, another issue that's come up. We have
passed some code for the building department a few months ago and Mr. Grady may be
aware of this particular one. Mr. Freckleton is the one that had requested this change.
This is in regards to circuit wiring and this is that all buildings -- it's deleting the section
that says hereinafter erected have to have a certain type of electrical conduit and metal
raceway, instead of the former -- I guess method it was installed. Because it said
hereinafter erected, of course, that tends to believe that it was for new buildings, not
new wiring, and so when they took old buildings and rewired them, there had been this
discrepancy between the inspector and the builder as to whether or not the new wiring
mechanism and such needed to be done. Mr. Freckleton asked to delete that, so it's
clear that even, essentially, an older building we want to have more current methods of
Meridian City Council
October 11 , 2005
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wiring those buildings, so for safety purposes and that the hereinafter erected was not
for the building, but for the wiring itself. So, if we delete it, it's clearer to the inspector,
it's clearer from enforcement, and so that was their request for those -- for that change.
So, if the three ordinances you think are adequate to bring forth on your agenda next
week, we can do that and, again, I will forward the U-turn ordinance to the
transportation department and ACHD before we bring that back in front of you.
De Weerd: Council, any comments?
Bird: Type it out in the entirety and bring it forward, as far as I'm concerned.
De Weerd: We will bring the three in front of you next week and once we get feedback
from ACHD and ITD, we will bring back the U-turn portion.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: On the last one it seems to me that the wording you have now creates yet
another confusion. Could an inspector take that to mean that if they go and -- a fire
inspector or anybody inspecting a building, say you don't meet the standard, all
buildings -- all commercial buildings are to be wired with metal raceway. So, it seems to
me any new building or any remodel or any permitted electrical change in a commercial
building hereinafter shall follow this, so there isn't the overzealous inspector saying you
got to -- you're going to have to do this, even if you're not touching your electrical, if they
are doing a plumbing job in a commercial building or something like that.
Nary: Madam Mayor, Councilmember Rountree, I mean certainly that is subject to that
interpretation and we can certainly try to clear up some of that language before we bring
it back, so it's clear that it's -- you know, it's not to make people go retrofit existing
buildings or existing things. I think what Mr. Freckleton has indicated to me was that
where this was occurring is, essentially, in our Old Town area with a lot of conversions
of homes into office spaces and those things and that was where the issue had arisen.
But we can certainly bring that clarification --
Rountree: We know there is somebody crafty out there --
Nary: There is always a lawyer out there who will look for some loophole, so we will
make sure we clear that up before you see it again. Thank you.
Item 7:
Items Moved from Consent Agenda:
G. Findings of Fact and Conclusions of Law for Approval: CUP
05-040 Request for a Conditional Use Permit to modify the
Conditions of Approval for CUP 03-050, in order to allow the
existing building at 703 North Main Street to remain and to allow a
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October 11, 2005
Page 23 of 42
public use in the 0- T zone for Farmers and Merchants State
Bank by Farmers and Merchants State Bank - 703 North Main
Street:
De Weerd: Thank you. We did pull Item G off the Consent Agenda and put it under
Item 7-G. I believe I would turn this over to Anna.
Canning: Madam Mayor, Members of the Council, you have a letter in front of you -- I
just read it when I got here to the meeting. The Farmers and Merchants has requested
that you reconsider the approval the other night -- that you made the other night. They
do have two specific questions of concern, so -- one was with regard to the timing on
rehearing it once the city is no longer the occupant of the structure and the other one is
related to the cross-access agreement. I can answer any questions you have,
othervvise, I don't have much to -- information to provide.
De Weerd: Council, any questions for Anna? Does Mr. Slocum have any comment?
Slocum: Good evening, Madam Mayor, Members of the Council.
De Weerd: Please state your name and address for the record.
Slocum: For the record, Craig Slocum, 250 South 5th, of CSHQA representing Farmers
and Merchants. The two items -- and they are incorrectly numbered on that letter. I
apologize. They are 1.6 and 1.7, instead of 1.5 and 1.6. And I will try to be brief. It's a
long project, but it's -- I'll try to be brief.
De Weerd: I'll give you three minutes.
Slocum: Okay. The city desired to use the existing Farmers and Merchants building for
office space and Farmers and Merchants stopped the process of demolishing it, so that
that could happen. So, the conditional use needed to be modified simply for the reason
to eliminate the condition that the building be demolished. What has come through the
process is that new conditions have been added. That wasn't what Farmers and
Merchants in theory agreed to. The building, as Farmers and Merchants has spent
some money to update it to make it look nice and at this point has no desire to demolish
it anytime. If they ever did that, they would I guess need to come back to this body. For
a demolition permit? I don't think you do. But they do not want it to be a condition that
that building, once the city pulls out of their lease or ends their lease, that they have to
demolish it or have to come back to this Council to request that they not demolish it.
The second item is an access issue between Washington Federal and the bank. The
plan, as it was approved through the City Council and P&Z in '03 had the parking as it
exists today and there was a curb there. That's how it was approved. Just because the
city's desire is that the building stay and Farmers and Merchants is willing to allow that,
shouldn't open the door for the requirement to enter into cross-access agreements or to
open that up. Farmers and Merchants is extremely concerned about the safety issue of
traffic in that location. The only other condition that was added was to close off the old
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October 11 , 2005
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drive-thru between Main Street and the new parking field and Farmers is willing to do
that. Other than that, I'm open for questions.
De Weerd: Council -- or, Mr. Nary, I guess at this point I would ask you can we be
discussing this? Does this need to be a listed agenda item for any Council discussion?
Nary: Madam Mayor, Members of the Council, what you really have in front of you is a
request to reconsider your prior action. Mr. Slocum has simply reiterated on the record
what he's provided you in a written document as to what the basis for that request is. If
the Council is inclined to want to do that, then, someone would need to make a motion
to reconsider and set that for a date certain to hear that matter. Certainly, some of what
he's brought may require at that juncture that if you agree to reconsider your decision
and rescind your prior action, it may require you to remand it back to the Planning and
Zoning Commission because of the conditions they placed upon it for their
consideration and may require you to come up with new Findings, but if the Council is
inclined to reconsider that based on what's been stated tonight and in the letter in front
of you, then, all you would be doing is setting that for a date certain to make that heard.
I think at that juncture, if you're going to reconsider actions, you may end up having to
re-notice the changes that you want to make, such as -- the original request was simply
to delay the demolition of the building, not to remove that entirely. That's a change of
circumstance that, again, may require you to remand it back to Planning and Zoning, so
it can be re-noticed to do that. That wasn't what was considered previously.
De Weerd: Council -- and I guess in light of that, we would ask ACHD a comment, too.
When we considered this, I wrote ACHD that this was temporary, because they were
assessing new impact fees because of the addition to this. I was requested by the bank
to write that letter, that this was just temporary and that those impact fee
reconsiderations that the bank was being asked to pay should be delayed, because of
the temporary nature of this. I would have to, then, ask for comment from ACHD. I
guess that would be something that we probably do need to put back to Planning and
Zoning, but I look for your direction on this, Council. .
Canning: Madam Mayor, regarding the remand back to Planning and Zoning, I'd have
to check the notices, but I think -- I know when Planning and Zoning heard it, I really
think they weren't considering it as a delay in the demolition, they were just considering
it as that building remaining. So, we can check the notices. But I think they treated it as
if it were -- the building were staying and that's why you have the conditions for the
cross-access agreement and the close of the driveway.
De Weerd: And that is probably the different levels that we were operating on, because
it was -- when I came to you to get a budget for some of the work that needed to be
done for the city to occupy that building, it was temporary in nature and that is why I
appealed to ACHD for that fee waiver. So, this does change it and what we understood.
I don't know what was posted or what was discussed at Planning and Zoning, but that is
why the city initiated the application, why we paid for it, and so this is different. So,
Council, I would look to you for your direction on this.
Meridian City Council
October 11, 2005
Page 25 of 42
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I move that we reconsider Item 7 -G and schedule it for Council discussion on
October 25th.
Wardle: Second.
De Weerd: Okay. Motion to reconsider this on October 25th. Is there any further
discussion?
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Do we have to notice this, Bill, or just reconsider?
Nary: Madam Mayor, Members of the Council, Councilmember Bird, since you're
reconsidering the item on tonight's agenda, all you would be doing, then, is deciding if
your original decision stands or some other decision needs to be made and what would
happen from there.
Bird: Thank you.
De Weerd: Okay.
Bird: Question.
De Weerd: Okay. All those in favor say aye. All ayes. Motion carries.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Item 8:
Public Hearing: VAC 05-011 Request for a Vacation of Irrigation
Easements for Bonito Subdivision by Dave Evans Construction - 3041
East Copper Point Drive:
De Weerd: Thank you. Item 8 is Public Hearing VAC 05-011. I will open the Public
Hearing with staff comments.
Canning: Madam Mayor, if I could just ask one clarification on the previous item.
Sometimes we find that when we get to these reconsideration hearings you don't have
the information you would like. So, is it appropriate to ask what you would like -- what
information you would like at that hearing? Is it okay if I ask that even?
Meridian City Council
October 11, 2005
Page 26 of 42
Nary: No, it's not okay. Madam Mayor, Members of the Council, certainly if there is
specific information as to -- for example, Mrs. Canning had raised, what was noticed up
at the Planning and Zoning level, if that's going to be the discussion on how this
decision was reached, that's certainly something you could ask her to provide you. We
are not -- you're really having to make -- the Council's making a decision on whether
there is different information now that you would, then, change your decision, rescind
your prior action, and take different action. Again, there may not be a necessity to re-
notice anything if you choose not to take other action, but to just find out what was --
how the decision was reached, you have minutes, but if you want something specific as
to what notices were given, that certainly would be appropriate to ask Mrs. Canning to
bring that to you.
De Weerd: Council, any comment for staff? Okay. How about any direction?
Rountree: Madam Mayor, I think the information provided previously is sufficient from
the city and Planning and Zoning side, with the exception of checking out what the
notice said, but it seems like we have some inconsistent understandings about the
occupancy of that building and how long it's going to occur and the temporary or non-
temporary nature. So, I think Mr. Slocum is going to have to address those issues.
Bird: And I would concur with that, Mayor.
De Weerd: Okay. Thank you.
Canning: Thank you, Ma'am and Council. Okay. Madam Mayor, Members of the
Council, the first project before you tonight is for Bonito. It is on the south end of the EI
Dorado project off of East Copperpoint Drive and the application before you is a
vacation for irrigation easement and you can see the easement there. The Planning
and Zoning Commission has recommended approval at their September 13th -- I
believe it was actually the 15th hearing. No public testimony was provided. It was
verified that all easements were recorded and Nampa-Meridian Irrigation District
submitted the relinquishment of the portion of the easement to be vacated. So, there
was no key issues of discussion and to our knowledge there are no outstanding issues
before City Council.
De Weerd: Okay. Council, any questions for staff? Would the applicant like to
comment? Okay. Seeing none, is there anyone who would like to provide testimony on
this application? Okay. Council?
Baird: Madam Mayor?
De Weerd: I move we close VAC 05-011.
Rountree: Second.
Meridian City Council
October 11, 2005
Page 27 of 42
De Weerd: Motion to close the Public Hearing on Item 8. All those in favor say aye. All
ayes. Motion carries.
MOTION CARRIED: THREE AYES. ONE ABSENT.
De Weerd: Do I have a motion?
Wardle: Madam Mayor?
De Weerd: Mr. Wardle.
Wardle: I move we approve Item No.8, VAC 05-011 and to approve the Findings.
Bird: Second.
De Weerd: Okay. Motion to approve Item NO.8. Is there any discussion? Mr. Berg.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, absent.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Item 9:
Public Hearing: VAC 05~014 Request to Vacate Ada County Highway
District Right-of-Way for Dorado Subdivision by W.H. Moore - northwest
corner of Eagle Road and Overland Road:
De Weerd: Item 9 is Public Hearing VAC 05-014. I will open this Public Hearing with
staff comments.
Canning: Madam Mayor, Members of the Council, this is another vacation request.
This time for Ada County Highway District right of way on -- it's for the property located
at the northwest intersection of Overland and Eagle Road, known as Dorado
Subdivision. You can see the proposed addition to the property there.
De Weerd: Anna?
Canning: Yes, Ma'am.
De Weerd: I will interrupt you for a moment. Mr. Rountree.
Rountree: Madam Mayor, I need to recuse myself on this particular item.
De Weerd: Okay. Thank you.
Canning: Madam Mayor, there is an issue here in that the portion of the right of way
being vacated along Eagle Road, the ability of whether that can be vacated or not is an
item of temporary discussion amongst Ada County Highway District and the Idaho
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October 11, 2005
Page 28 of 42
Transportation Department. So, that's probably why Mr. Rountree has recused himself.
And the Planning and Zoning Commission made no recommendation on this -- kind of
the stance of -- that we have -- that the city attorney has directed to take -- us to take at
this point is that we are not involved in this discussion and, therefore, there is no issue
related to it that affects us. And with that ambiguous staff report, I will answer any
questions you may have.
De Weerd: You will?
Canning: I will try.
De Weerd: Would the applicant like to comment? If you will, please, state your name
and address for the record.
Seal: Jonathan Seal representing the W.H. Moore Company, 1940 Bonito, Meridian.
Very briefly, because this is just a little bit, I guess, unusual here. Give you just a very
quick history on it. What started this process and probably hard to believe from looking
at this, about ten acres, that as we started to lay this out, as we had Sterling Bank and
some of the others committing to us, it became evident in the process that with the
access points off of Eagle -- or off Overland, I'm sorry, it would make it very difficult for
us to lay the site plans out for these various banks and fast foods and hotels with the
drive lanes and everything else working properly. As a result, we found out that ACHD
had excess right of way both on Eagle and Overland Roads. So, we approached them
about it, we were able to work out an arrangement, we even agreed upon a price, an
appraisal. They approved that back last week. Their position in this has been all along
that it is their right of way and, as you say, apparently, it's an issue between ITD and
ACHD. But I wanted to give you a little bit of the history behind it, the reason why we
are bringing this up, because for us it's very very beneficial to have right of way. So, I
think with that, I would simply ask, I think like Anna, that you allow this to simply move
on, I guess is the best way. I have never asked that before. But if you have detailed
questions on this -- Mr. Price, who is the attorney for ACHD is here and also Bruce
Mills with ACHD, and they could certainly answer you the more technical questions that
we have. And with that I just ask that it move on.
De Weerd: Well, now I know why we have the honor of Mr. Price's presence in this
meeting.
Nary: Madam Mayor?
De Weerd: Yes, Mr. Nary.
Nary: If I could maybe help clarify the city attorney's position on this from what Mrs.
Canning said. I don't think it was -- I don't think it was intended that the direction from
myself to her staff was to take no position. I think what I thought I communicated was
that the city didn't have an objection. Most of these that you see before you -- and I
think sometimes we have a discussion over the differences between vacation and
Meridian City Council
October 11, 2005
Page 29 of 42
easements versus vacation of right of way, vacation of easements are within the
jurisdiction of ACHD. What's currently in dispute isn't between the city and ACHD, it's
between the highway district and the transportation department. The city's position on
the majority of right of way vacations are we have no objection. It's ACHD ultimate
decision, that's what we would normally communicate to them. If you approved that, we
normally send a letter signed by myself indicating when the Council took that direction
and that we had no objection, they are free to go ahead and vacate that if they wish.
The only one recently that we had a concern that was addressed prior to that was the
vacation of the right of way on the creamery site. There was a portion of that alleyway
that was actual right of way that is within ACHD's jurisdiction, but the city did place a
caveat on their no objection that they move the sewer line to a different location. So,
that one's a slightly bit different. But, generally, this is no different than the other ones
you have seen in front of you where we have no objection to this vacation, we leave that
to ACHD to make that ultimate call. In this situation there is, obviously, another entity
that expressed a concern. This wouldn't be any different if there was a different
property owner that expressed a concerned over that right of way vacation. That would
be between the highway district and that property owner to address that. All the city is
required by statute is to comment on the city's position. If the Council is of a mindset to
concur with that, they can move to approve this vacation request and direct us to send
the letter that we normally would to ACHD, expressing our consent for this vacation to
occu r.
De Weerd: Okay. Council, any further -- or any questions?
Bird: That cleared it for me.
Seal: Madam Mayor, Councilmembers, I want to just make sure -- I dropped off this
morning to the clerk's office a letter from Mr. Schweitzer, the director at ACHD, to Mr.
Moore in support and I think kind of spells out their position, too. So, hopefully, you
have had an opportunity with all the other letters in there to take a look at. But I think
that that also -- I think it's a strong testament.
De Weerd: Council, any questions --
Bird: I have none, Mayor.
De Weerd: -- of Mr. Seal?
Wardle: Madam Mayor, I don't see Mr. Price jumping up to comment on Mr. Nary's
comments, so if we have what appears the unlikely event that two attorneys can concur
on a single item, I would --
Seal: Mr. Price is more than willing to stand up.
Bird: Is there a third one here?
Meridian City Council
October 11, 2005
Page 30 of 42
Rountree: We can get one.
Bird: I don't have any questions for--
Seal: All right. Thank you very much.
De Weerd: Thank you. This is a Public Hearing. Is there anyone else who would like
to provide testimony on this application? Okay.
Bird: Madam Mayor?
De Weerd: Yes, Mr. Bird.
Bird: Hearing no nobody jump up or need anymore testimony, I move that we close
Public Hearing VAC 05-014.
Wardle: Second.
De Weerd: Okay. Motion to close the Public Hearing on Item 9. All those in favor say
aye. With the abstention for -- or exclusion of Mr. Rountree.
MOTION CARRIED: TWO AYES. ONE ABSTAIN. ONE ABSENT.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move that we approve VAC 05-014 and have the city attorney write a letter
stating so to Ada County Highway District.
Wardle: Second.
De Weerd: Okay. Motion to approve Item No.9, with the direction as stated. Mr. Berg,
will you call roll.
Roll-Call: Bird, yea; Rountree, abstain; Wardle, yea; Donnell, absent.
MOTION CARRIED: TWO AYES. ONE ABSTAIN. ONE ABSENT.
Item 10:
Public Hearing: AZ 05-041 Request for Annexation and Zoning of 10.15
acres from RUT to R-8 zone for Woodburn Subdivision by Centennial
Development, LLC - 840 West Ustick Road:
Item 11:
Public Hearing: PP 05-041 Request for Preliminary Plat approval of 47
single family residential building lots and 10 common area lots on 10.15
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October 11, 2005
Page 31 of 42
acres in a proposed R-8 zone for Woodburn Subdivision by Centennial
Development, LLC - 840 West Ustick Road:
Item 12:
Public Hearing: CUP 05-042 Request for Conditional Use Permit for a
Planned Development for Woodburn Subdivision that includes
reductions to the minimum requirements for lot size, street frontage and
setbacks by Centennial Development, LLC - 840 West Ustick Road:
De Weerd: Okay. Thank you. Items 10, 11 and 12 are public hearings on AZ 05-041,
PP 05-041, CUP 05-042. I will open these three public hearings with staff comments.
Canning: Madam Mayor, Members of the Council, this is the Woodburn project. It's
located on the west side of Venable Lane, which is public on this side of the street. And
it's approximately 600 feet north of Ustick Road. The applications before you tonight
are annexation and zoning, preliminary plat, and Conditional Use Permit for a planned
development. As you can see, there is one existing house. Just to refresh your
memory, just to the north of the site was platted as Sienna Creek.
Rountree: Zoning?
Canning: I believe it's R-8. I'll go turn around and look. I'm getting a nod from the
applicant. I'm pretty sure it's R-8. Okay. The project that's before you is -- consists of
24 attached lots and, then, 23 detached single family lots and the PO includes a request
for reduced frontage and minimum lot size for both the attached and the detached lots.
And, then, also for the reduction is side setback for the attached. It's kind of assumed
that to have an attached lot you need to reduce that side setback. But, otherwise, they
haven't asked for a reduction in setbacks. The detached product lots go from -- are
requesting from 65 feet of frontage down to 50 and 6,500 square feet minimum down to
5,000 square foot minimum and the detached are asking for a reduction from 40 feet,
which is required frontage, to 28 feet, and from 4,000 square feet down to 3,600 square
feet. The gross density of the project is 4.63 dwelling units per acre and as amenities
the applicant is proposing usable open space that is 13 percent of the site. Playground
and a picnic area on an internal pathway system, which you can see here. This is
designated as a neighborhood center on the Comprehensive Plan and has a
designation of mixed use community, so in those areas we tend to be looking for a
minimum density of -- it says eight units per acre, so if you -- we figure that means a lot
size from -- between 3,800 square feet up to 5,500 square foot lots. So, this is
consistent with that Comprehensive Plan designation. They do have some elevations of
the proposed townhouses or the attached units. And there is condition that each
townhouse shall have an element of architectural relief, such as stucco, brick, or rock
and include vinyl shutters. The Planning and Zoning Commission has recommended
approval. They heard it on September 15th. Shawn Nickel spoke in favor of the project
and there were two folks there in opposition. They were Shane Baker and Katie Baker.
The primary issues of discussion were density and zoning of the subject property and
the adjacent properties, but there was no substantive changes to staffs original
conditions. To staffs knowledge there are no outstanding issues, other than those that
Meridian City Council
October 11, 2005
Page 32 of 42
were raised by the Bakers with regard to density. With that I will end staff's presentation
and answer any questions you may have.
De Weerd: Any questions for staff?
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Anna, what is the zoning around there?
Canning: I believe it's R-8. Let me look real fast. I was incorrect. To the north it is R-8.
The Cedar Creek area is R-4.
Bird: Thank you, Anna.
Canning: That is Cedar Creek; correct? Yes. Yeah.
De Weerd: Okay. Would the applicant like to come forward? Would you state your
name and address.
Nickel: Good evening, Madam Mayor and Council. Shawn Nickel, 52 North 2nd Street
in Eagle.
De Weerd: Thank you.
Nickel: Representing the Woodburn Subdivision. Very briefly -- and thank staff for
helping with this. As stated, the existing zoning and density is kind of transitioning to
the south. This is all R-8 zone. This is an R-4. The Sienna Creek development was an
R-8 and as we move towards that neighborhood center that Anna spoke of, the density
is increasing slightly. We have 4.43 density dwelling units per acre in Sienna Creek.
Our proposed density on this is 4.63 and, again, we are moving towards that
neighborhood center and trying to increase that density per your Comprehensive Plan.
De Weerd: And, Shawn, across the street is the school -- an elementary school site?
Nickel: That is correct. It's zoned R-4 and it is the -- is it an elementary school or
middle school?
Rountree: That's a middle school.
Nickel: I think it's a middle school.
Canning: She means this site, Shawn.
Bird: Right down there -- you have got an elementary school right there.
Meridian City Council
October 11, 2005
Page 33 of 42
Nickel: Yes, sir. And, then, this is the middle school. Right there.
De Weerd: Okay. And that's Sawtooth. That one's existing, the other one's not.
Bird: That's Sawtooth. That's already built.
Nickel: Yes.
De Weerd: Okay.
Nickel: So, again, we thank staff for their recommendation and their help. We are in
favor of all the conditions as proposed and I'll stand for any questions you have.
De Weerd: Council, any questions for the applicant?
Bird: I have none, Mayor.
De Weerd: Okay. Thank you.
Nickel: Thank you.
De Weerd: Is there anyone in the audience who would like to provide testimony on this
application? Certainly. You can testify on any application you would like to. Pardon?
Oh, yes, you get bonus points if you testify.
Nary: Wow.
De Weerd: You can step up to the mike. And we will need your name and address.
Bunshaw: My address?
De Weerd: Uh-huh.
Bird: Okay. My name is Rob Bunshaw and my address is 1433 East 5th Street.
De Weerd: Thank you.
Bunshaw: And I thought this was a by far good -- let's say diagram and I thought it was
a solid presentation.
De Weerd: Well, thank you.
Bunshaw: And thank you for having us.
De Weerd: We will make sure to send those minutes to your teacher.
Meridian City Council
October 11, 2005
Page 34 of 42
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Rountree: Hearing no other public testimony, I move we close Items 10, 11 and 12.
Wardle: Second.
De Weerd: Okay. The motion is to close the public hearings on Items 10, 11, and 12.
All those in favor say aye. All ayes. Motion carries.
MOTION CARRIES: THREE AYES. ONE ABSENT.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: Just got to do it.
De Weerd: At least you're consistent.
Rountree: I'm reading, watching, and listening to the fun that the sister city to the east is
having with these small lots in their community with the emergency work that they are
doing with their ordinances to get some kind of design review and consideration of
what's going on, 25 and 28 foot wide lots. We don't have design review in the City of
Meridian and that city does and they are having issues with it. I understand that's the
picture we see today, but the second or third owner of this, which can happen, unless
this is covered specifically ir:l a conditional use, we don't have any design control when
we allow these small lots and we are getting to see more and more and more of them. I
just throw that out as a caution. I don't have any particular difficulty with this particular
application, but I think we need to start figuring out some language to put in the CUPs
and whatever controls we can have to make sure we don't have the same issues that
we are seeing in other communities.
De Weerd: Council, I do believe that staffs heard your message on -- on other higher
densities and have been asking each of the developers to provide elevations. These
elevations can be tied to the Conditional Use Permit and that is kind of the direction that
staff has gone, so that you see what the product is that is being approved and that will
be tied to the application. So, I hope that that gives you some feeling of comfort and we
will continue to do that. I believe that -- I have talked with staff and kind of bringing
some pictures and some ideas of what these can look like to get a better feel for what is
desired and what is not desired and we will be coming back with those kind of
opportunities for comment, because we certainly want a clear picture not only for staff,
but that staff can share with the development community.
Meridian City Council
October 11, 2005
Page 35 of 42
Rountree: Madam Mayor?
De Weerd: Yes, Mr. Rountree.
Rountree: I know that staff is listening to me, but I just have to make that point until I
see it in practice. I applaud the effort to go out and identify what it is that walks the
walk, posting it on the bulletin board in the lobby would be great, that if this is yours, a
pat on the back, if this is yours, try again. The developers need that as well. I think
they need guidance and direction as to what is and is not acceptable. And that's only
fair. But I think we need to get after this, because we are seeing this stuff 10, 15, 30,
40,60 lots at a time and it will get out of control before we get it in control.
De Weerd: I think one other thing that Mr. Rountree has brought up that we also
learned from the speaker that came and talked about higher density, is the experience
of the developers, or the ones that will be developing those communities. I think that
information as well will be helpful to Council to have at the time, so that they know who
will be building these and what the verification is.
Wardle: Madam Mayor?
De Weerd: Mr. Wardle.
Wardle: Just to touch on some of the comments that Councilman Rountree made and I
-- my concern is not, obviously, with this project, but for the future and the second and
third owners of these also for the market conditions. One of the things that we are -_ we
are approving a lot of term skinny lots. Certainly in the community of Meridian we are
growing fast enough that we will see many of these built within months of platting -- of
final plat. However, some of those considerations down the road -- and I know that
Anna's got a group which she's coined PIG Two; is that correct?
Anna: PIG Two would be the Public Works. Mine is just PIG.
Wardle: In any case, we have had a lot of good feedback from the development
community. Might be somebody to talk about, one, how do we get better developments
that will stand the test of time and, secondly, what if the market calls for larger lots, what
would be the process to go back and re-approve those, do they get bigger? How does
that fit within a community of smaller lots. Those are some of the considerations I think
that we need to look at down the line.
Canning: Madam Mayor? I have not shared this with Council, so just so you know, it's
on my to do list, maybe within the next year, but fairly quickly. You saw the downtown
design guidelines that for now apply to all of Old Town. We are trying as quickly as
possible to get a second set of design guidelines to you that -- so those ones you
approved just apply to the downtown core, for which they were really written. And we
will have another one for the commercial areas that addresses some of the additional
concerns and needs in that area. There is a third set of design guidelines I do plan to
Meridian City Council
October 11, 2005
Page 36 of 42
work on as soon as I get that other -- the second set done and that third set would be
the residential ones for what fits on the Old Town lots, what fits as a good neighbor to
the commercial development that's outside the downtown core, and also what fits in
those traditional neighborhood residential. I forgot to mention the second set of design
guidelines will also apply in the traditional neighborhood commercial districts. So, then,
the third set needs to be the residential for the Old Town area, as well as the residential
for the traditional neighborhood residential. So, there is -- there are some design
guidelines that we want to work on in the future. There has been a lot of great work
done -- the city of Portland did a great job looking at what kind of units can go on long
skinny lots and I think we can capture a lot of that and decide what's appropriate for the
City of Meridian based on their work. So, I think that we will have a good start on a lot
of that. No need to reinvent the wheel, basically, and we will try and get those before
you. The commercial ones you should see very quickly. The residential ones may take
us a little longer to get, but it is on the to do list. It's, actually, on position accountability
definition, so --
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: What is the smallest -- the thinnest in this -- with a subdivision like this? Forty-
eight feet, isn't it?
Canning: This one -- well, it says 28 feet, but I'm assuming that's -- most of them are
40. Yes.
Bird: Well, most of them are 40, but, then, you run into the 28 footers. And that's what-
- that's what the city to the east are having problems with and what we will have with
Old Town. We have got some 20 and 25-foot wide lots in Old Town. When you try to
come in and stuff a building in one of those, you -- you are asking for problems.
Canning: I'm sorry. The applicant clarified for me -- the skinniest detached lot is 50
feet. The skinniest attached Jot would be one of the interior lots on the townhouse and
that's the 28 feet. So, those aren't going to be developed as detached lots, those are
attached.
Bird: You'd have a hard time putting those off and putting a skinny deal in. So, 50 feet-
- okay. I have no problem with it, but Councilman Rountree brought up a very good
point, we -- we keep -- we get these skinny lots out there and pretty soon 30 years from
now we are going to have the same problem Boise has had. Old Town we are going to
have that problem if they start splitting off lots, because there is some 25-foot out there
in Old Town.
De Weerd: Staff will be meeting with the Process Improvement Group that helped put
the UDC and clarifying the traditional neighborhood district on Thursday and, you know,
Meridian City Council
October 11, 2005
Page 37 of 42
Anna, might be a discussion on -- if any of those would like to continue on and provide
some feedback and expertise on this as well.
Canning: Yes. And we had come up with a tentative list for the commercial design
guidelines that we were going to run by you, but I will query them and ask them -- we
picked a couple of them, but we will ask all of them. That's a good idea. I will do that.
De Weerd: Okay. Thank you.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Hearing no more, I would move we approve AZ 05-041, with the Findings and to
incorporate staff, applicant, and public testimony.
Wardle: Second.
De Weerd: Okay. Motion to approve Item No. 10. If there is no further discussion, Mr.
Berg, will you call roll.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, absent.
MOTION CARRIED: THREE AYES. ONE ABSENT.
De Weerd: Thank you. Mr. Bird, Item 11.
Bird: Madam Mayor, I move we approve PP 05-041, incorporate the Findings and
incorporate staff, applicant, and public testimony.
Wardle: Second.
De Weerd: Motion to approve Item 11. Mr. Berg.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, absent.
MOTION CARRIED: THREE AYES. ONE ABSENT.
De Weerd: Item 12.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we approve CUP 05-042, include Findings, and public, applicant, and staff
comments.
Meridian City Council
October 11 . 2005
Page 38 of 42
Wardle: Second.
De Weerd: Motion to approve Item 12. Mr. Berg, will you call roll.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, absent.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Item 13:
Public Hearing: RZ 05-018 Request for a Rezone of 71.24 acres from l-L
to C-G zone for Crossroads ShoDPina Center, Presidential
Subdivision and Reagan Subdivision by the City of Meridian _
southeast corner of Eagle Road and Fairview Avenue:
De Weerd: Thank you. Item 13 is Public Hearing RZ 05-018. I will open this Public
Hearing with staff comments.
Canning: Madam Mayor, Members of the Council, this is a staff-initiated rezone of the
Crossroads property. It's the area highlighted here along Fairview and Eagle down to
Pine Street. Portions of it have been -- are un-platted and others have been platted as
Presidential and/or Reagan Subdivisions. I'm not going to go into great detail, because
I think most of you know the history of this. It's currently zoned I-L, even though it's
approved for a number of uses and the primary built out use has been commercial. So,
at the direction of Council, staff has initiated this rezone to C-G. The Planning and
Zoning Commission did recommend approval at their September 15th hearing. Andy
Simons testified in favor of the application. No one testified in opposition and no one
commented. There was no key issues of discussion and to our knowledge there are no
outstanding issues before Council.
De Weerd: And this is staff initiated?
Canning: Yes.
De Weerd: Okay. Any questions for staff?
Bird: I have none, Mayor.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: This has been on our books as I-L for a number of years. And I agree with
what we are doing, but it concerns me somewhat as we look at our inventory of I-L and
conversion of it to C-G, we have had some kind of a distorted percentage, because this
is a fairly good size piece of property that's now coming off the books. So, have you
taken a look at where we are with our inventory of I-L property and are we getting out of
Meridian City Council
October 11, 2005
Page 39 of 42
balance and should we start looking at that with the loss of this amount of property on
record, anyway?
De Weerd: In your wisdom you funded a study for this year.
Rountree: I understand that. But I mean you're reporting this stuff with this in the data
base as I-L.
Canning: This was one of the reasons this property, in general, including the property
across the street, and over here, that prompted that, because we did recognize that a
lot of the stuff that's zoned I-L is not being used for it and when we develop that study,
which is listed as our third priority, so it may take us a little while to get there. But when
we develop that, we will work with the -- whoever is undertaking that study, so that they
understand that just because it's shown I-L on our map doesn't mean that that's
industrial property. So, we will work with them to identify the truly industrial property
versus those that are similar to this.
Rountree: Madam Mayor, follow up. Any future computations as it relates to I-L and I-L
inventory in the city will reflect these properties coming out of the inventory, so we are
looking at percentages, if you're just doing quick and easy math, you will quick and
easily not consider these --
Canning: Yes, sir. And--
Rountree: -- until the study is done and, then, we will have it --
Canning: Right. And once this one is cleaned up, really, the only -- the remaining one
tends to -- is right across the street, for the most part, and that was more hopscotch,
though. It wasn't -- it wasn't as easy a rezone to do, but one of our future tasks, I would
imagine, would be that we get that area cleaned up as well in some fashion, but--
Rountree: Thank you. Madam Mayor, if there is no further discussion, I would move
that we approve Item 13.
Bird: Second.
De Weerd: We still have an open Public Hearing.
Rountree: Is it still open? Then, I will move that we close the Public Hearing.
Bird: Second that.
De Weerd: Well, I would first like to ask if there is anyone who would like to provide
testimony.
Bird: Well, these kids would like to provide testimony; right? Come forward.
Meridian City Council
October 11, 2005
Page 40 of 42
De Weerd Okay. I don't see anyone--
Rountree: Seeing no further discussion, I move we close the Public Hearing for Item
13.
Bird: Second.
De Weerd: Okay. Motion to close the Public Hearing on Item 13. All those in favor say
aye. All ayes. Motion carries.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Rountree: Madam Mayor, I move that we approve Item 13.
Bird: Second.
De Weerd: Okay. Motion to approve Item 13. Mr. Berg, will you call roll.
Berg: Thank you, Madam Mayor, Members of the Council. I'm sure this includes the
Findings that we have prepared for us.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, absent
MOTION CARRIED: THREE AYES. ONE ABSENT.
Item 14:
Ordinance No. 05-1188 : Distribution
Pseudoephedrine Products (2nd Reading):
of
De Weerd: Okay. Item 14 is Ordinance No. 05-1188. Mr. Berg, will you, please, read
this ordinance by title only.
Berg: Thank you, Madam Mayor, Members of the Council. Ordinance No. 05-1188, an
ordinance enacting a new Meridian City Code, Title 6, Chapter 3, Section 11, to set
limits on the over-the-counter distribution of certain Pseudoephedrine products,
providing a penalty, providing a savings clause, and providing an effective date.
De Weerd: Okay. This is the second reading of this ordinance. We will have a third
reading on our next agenda item next week, so I do not need any Council action at this
time.
Nary: No.
Item 15:
Ordinance No. 05-1189 : AZ 05-012 Request for Annexation
and Zoning of 6.34 acres from RUT to R-4 zone for EI Gato Subdivision
by C2B Development, LLC - 701 Black Cat Road:
Meridian City Council
October 11, 2005
Page 41 of 42
De Weerd: Okay. Item 15 is Ordinance No. 05-1189. Mr. Berg, will you, please, read
this ordinance by title only.
Berg: Thank you. Madam Mayor, Members of the Council. Ordinance No. 05-1189,
an ordinance, EI Gato Subdivision for annexation of property located in a portion of the
northeast quarter of the southeast quarter of Section 9, Township 3 North, Range 1
West, Boise Meridian, Ada County, Idaho, as described in Attachment A and annexing
certain lands and territory situated in Ada County, Idaho, and adjacent and contiguous
to the corporate limits of the City of Meridian as requested by the City of Meridian,
establishing and determining the land use zoning classification of said lands from RUT
to R-3 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 wavier of the reading of the rules and providing an effective date.
De Weerd: Thank you, Mr. Berg. You have heard this ordinance read by title only. Is
there anyone who would like to hear it read in its entirety? Thank you. Council, hurry
and pass it.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we approve Ordinance 05-1189, with suspension of rules.
Rountree: Second.
De Weerd: Okay. The motion is to approve Item 15. Mr. Berg, will you call roll.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, absent.
MOTION CARRIED: THREE AYES. ONE ABSENT.
De Weerd: Thank you. Well, that's the end of our agenda. Council, I would entertain a
motion.
Bird: Madam Mayor, before I entertain a motion I want to compliment a bunch of young
16, 17 year old kids that --
De Weerd: Oh, they are older than that.
Bird: Sixteen, seventeen? They aren't either. There might be a few 18s. How many of
you are 18? Two 18s. Most of you are 16, 17; right. Okay. Anyway, I just want to
compliment you for being in here and sitting there being so quiet. I know you're this way
in class; right? And Friday night we are going out and we are going to kick Mountain
Meridian City Council
October 11, 2005
Page 42 of 42
View all over the field; right? The clerk don't believe that, but we -- we are going to,
right, guys?
De Weerd: Mr. Bird, I would remind you that we represent both high schools.
Bird: I know that, but I happen to be -- these kids happen to be from Meridian. I want
their votes.
De Weerd: I would say that my daughter goes to Meridian High, but -- to make this
easier on Dean, I would entertain a motion.
Rountree: So moved.
Bird: Second.
De Weerd: Okay. All those in favor? Thank you.
MOTION CARRIED: THREE AYES. ONE ABSENT.
MEETING ADJOURNED AT 8:50 P.M.
(TAPE ON FILE OF THESE PROCEEDINGS)
/1 / ( / tJ7
DATE APPROV~
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW AND
DECISION & ORDER
In the matter of a request for Annexation and Zoning of 28.6 Acres from RUT (Ada
County) to R-15 (Medium-High Density Residential) and L-O (Limited Office), (File No.
AZ-05-016) and a Preliminary Plat of one (1) multi-family lot, and one (1) commercial
office lot, (File No. PP-05-023) and a Conditional Use Permit for a Planned Development
consisting of 70 multi-family structures on a single lot with a private clubhouse/park and
multiuse pathways with no minimum lot frontages for the L-O commercial daycare/office
buildings (File No. CUP-05-026) by Ten-Mile Development, LLC
For the City Council Hearing Date of: October 11, 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 propelty 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 October 11,2005, public
hearing(s). The applicant, affected prope1ty owners, and government subdivisions
providing services within the planningjUl1sdiction 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 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 of Publication and Proof of
Posting filed with the staff report.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DEC1SlON & ORDER
CASE NO(S). AZ-05-0.16 / PP-05-023 / CUP-05-024- PAGE I of5
3. Application and Propeliy 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 propeliy owner(s) of record at the time of issuance ofthese
findings is Ten-Mile Development, LLC, Graye H. Wolfe, Sr, - Manager.
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 confen"ed 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
9 11-17-9.
4. Due consideration has been given to the comment(s) received from the govenunental
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 Depatiment and
any affected party requesting notice.
7. That this approval is subject to the Legal Description in Exhibit A, the Preliminary Plat
dated June 26, 2005 as shown in Exhibit B, the Planned Development Site Plan dated
August 17,2005 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 are concluded to be reasonable and the applicant shall meet
such requirements as a condition of approval of the application.
C. Decision and Order
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISLON & ORDER
CASE NO(S). AZ-05-0 16 I PP-05-023 / CUP-05-024- PAGE 2 of 5
Pursuant to the City Council's authority as provided in Meridian City Code ~ 12-3-5 and
based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby
ordered that:
1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary
Plat dated June 26, 2005 is hereby conditionally approved;
2. The applicant's Site Plan as evidenced by having submitted the Site Plan dated
August 17,2005 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 Pennit Duration
Please take notice that the conditional use permit shall be valid for a maximum period
of eighteen (18) months unless othelWise approved by the council. During this time,
the pelmit holder must commence the use as pennitted in accordance with the
conditions of approval, satisfy the requirements set forth in the conditions of approval,
acquire building permits and commence construction of penn anent 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 II-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.)
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
CrTY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-05-016! PP-05-023 ! CUP-05-024- PAGE 3 of5
conceming 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 propelty which may be adversely affected by the issuance or denial of
the conditional use permit approval may within twenty-eight (28) days after the date of
this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho
Code.
F. Exhibits
Exhibit A: Legal Description
Exhibit B: Approved Preliminary Plat (with conditions)
Exhibit C: Approved Site Plan (with conditions)
Exhibit D: Nmexation 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/PO Findings
By action of the City Council at its regular meeting held on the / / .r!:::- day of
OchJ.6vv ,2005.
COUNCIL MEMBER SHAUN WARDLE
VOTED~
VOTED 1J6~
COUNCIL MEMBER CHRISTINE DONNELL
COUNCIL MEMBER CHARLIE ROUNTREE
VOTED~
VOTED~
COUNCIL MEMBER KEITH BIRD
MAYOR TAMMYdeWEERD
(TIE BREAKER)
VOTED_
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUS.IONS OF LAW AND DECIS.ION & ORDER
CASE NO(S). AZ-05-0 16! PP-05-023 I CUP-05-024- PAGE 4 of 5
~,,,,,~' of M~~::"'/,
Attest: " :-(" 'I vtt, /...
~ j' (} ~cjPPOR.tj~) ~ \
~P~9-! ~
. Jam G. Berg, Jr., CIty Cle \"l"~ ,r$Jf'J ~
~ 1& ~'lS1, ~ f
~...., ~ On...~ "- f)"f ...$"
Copy served upon Applicant, The Planning a--frt;I/~~~~~hent, Public Works Department
and City Attorney.
By: \ Sb OA dV/ [Yn; off~
City Clerk's Office
Dated: /[)~ /1-05
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LA W AND DECISION & ORDER
CASE NO{S). AZ-05-0] 6 f PP-05-023 / CUP-05-024- PAGE 5 of 5
e:JvG;;di an ~~\
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STAFF SUMMARY
OF
PLANNING AND ZONING COMMISSION
RECOMMENDATION TO CITY COUNCIL
Transmittal Date:
October 6, 2005
Project Name: Silver Oaks Subdivision
Case No(s): AZ-05-016/PP-05-023/CUP-05-026
Applicant: Ten-Mile Development, LLC
P&Z Commission Hearing Date(s):
City Council Hearing Dates:
June 16, 2005 - Recommendation for approval
July 26, 2005 - Motion for Denial
August 16, 2005 - Request for reconsideration
September 20, 2005 - Motion for Approval
October 11, 2005- Findings prepared
Silver Oaks Subdivision
· A.1mexation and Zoning of 28.6 Acres from RUT (Ada County) to R-15 (Medium-High Density
Residential) and L-O (Limited Office), by Ten-Mile Development, LLC. (File No. AZ-05-016)
· Preliminary Plat Approval of one (1) Multi-Family Building Lots, and one (1) commercial office
lot, by Ten-Mile Development, LLC. (File No. PP-05-023)
· Conditional Use Permit Approval for a Planned Development consisting of 70 multi-family
structures on a single lot with a Private ClubhouselPark and multiuse pathways with no Minimum
Lot Frontages for the L-O commercial daycare/office buildings by Ten-Mile Development, LLC
(File No. CUP-05-026)
Recommendation: Approve with conditions
A. Summary of Public Hearing:
1. In favor: Dave McKinnon, Conger Management (Agent)
2. In opposition: None
3. Commenting:
4. Staff presenting application: Joseph Guenther, Associate City Platmer
5. Other staff commenting: Bmce Freckleton, Development Services Manager
Ted Baird, City of Meridian Legal Council
Brad Hawkins-Clark, Principle City Planner
B. Key Issues of Discussion by Commission:
1. Allowing a private street or a public street for proposed Silver Oak Circle.
2. Vehicular circulation for Daycare
3. Cross access from Church site and storage site through the private road system
4. Addressing of units
5. Parking and landscaping of units
6. Lease units or file a condominium plat for individual ownership of each unit
7. Pedesttian accessibility from common area to multi-family units
8. Overall traffic circulation for mid block on Franklin Road
9. Kennedy Lateral status and feasibility of bridging the public road to the west.
C. Key Commission Changes to Staff Recommendation:
The Commission made several minor changes to the staffrepOli at staffs recommendation.
· That the park's department conditions of approval 1-3 be removed. Conditions 1-3
were applied to the staffreport but do not apply to this site.
· The planning commission also required a revised preliminary plat/ CUP to provide
a connection across the Kennedy Lateral as agreed to by the applicant and set forth
as a condition within ACHD conditions of approval.
· There were some minor clmifications made to the landscaping conditions under
the preliminary plat site specific conditions.
· Public Works asked for a clarification condition in the Development Agreement
that the applicant agree to pay for all sewer main line extensions to the property in
addition to service extensions on the property.
See striketIH"0ugh and bold type in Exhibit E (Preliminary Plat) for changes.
D. Key Council Changes to Commission Recommendation:
The Council made several minor chmlges to the staff report and Commission
recOlmnendation at the September 20,2005 meeting. Staff has prepared findings to
address the modifications made to the Conditional Use site plan dated August 17, 2005 as
attached in Exhibit C with the comments made during the Council hearings. The revised
site plan includes a request amendment to change the number of units from Seventy-seven
(77) to Seventy (70).
The following conditions of approval were included with the findings and Exhibits D and
F as attached.
· The applicant shall provide construction materials similar to wainscoting, brick, or
cultured stone to provide architectural appeal to the front of the buildings.
· The applicant shall provide additional modulation to the buildings to provide
additional building relief.
E. Outstanding Issue(s) for City Council as of October 11, 2005:
None.
F. Preliminary/Final Plat
1. Date of Revised Preliminary Plat: 6-22-05
2. Date of Site Plan: 8-17-05
3. Date of Landscape Plan: 3-11-05
G. Recommended Conditions of Approval (by Commission, if applicable)
See attached Exhibits D, E and F
EXHIBIT A
Silver Oak Subdivision
AZ-05-016
Legal Description
EXHIBIT A
Legal Description for
Ten iyfile Development, LLC.
franklin Four-Plcx
Residential Site
A pared ofland bemg a portion of the Wl!2 of the Sf 1/4 and the E 1/2 of the S W] /4 of
Sccllon 10, Township J North, Range I West, BOIse Meridian, Ada County, Idaho, and
more particularly descrihed as follows
Commencmg at a 5/8 inch rebar marking the SE Comer of said Section 10, thence along
the South line of sard Sectron 10, also being the centerline of Franklm Road,
N89"40'29"W a distance of 1708.52 fect to a 112 inch rehar, and Ii'om which a brass cap
marking the SW Comer of the Sf 1/4 of said Section 10 bears NS9"4(J'19"W a distance of
93105 feet, thence leaving SaId South line NOO"09'31 "E a distance of 25.00 feel to a
point in the centerline oflbe Kennedy lateral, thence meandenng along the centerline of
saId Kennedy Latera! N42"03 '29"W a distance of 300.00 feet to a powt, thence
N41"15'29"W a distance of 19055 feet to a point being the POfNT OF BEGINNING'
Thence contmumg along said centerline N41015'29"\V a distance of 109.45 feet to ,I
POInt;
Thence N39"06'19"W a [lJstance of 490.00 feet to a point;
Thence N32"46'29"W a dislaI1Ce of 409<25 feet to a point on the West line of said SE J /4,
fhence N32"46'2i)"W a distance of280.75 feet to a poinl;
Thcnee N43"22'19"W a distance of 99.57 feet to a point;
Thence Jeavrng satd ccntcrlim: of the Kennedy Lateral NOO"13 'OJ "E a distance of 8761
feet (fonnerly NOO"09'31 "E a distance of 88.02 feet) to a 5/8 inch rebar on the South
right.of-way line of the Umon Pacific Railroad,
Thence along said South right-of-way line S8S",2'5J"E (formcrly S8S"51 'SO"E) a
distance of 1330.73 feet to a 51S inch rebar;
Thence leaving said South right.of-way line SO] "08' IO"W a distance of II 04.39 feet to a
pOint,
Thence N89"09' ITW a distance 0096.27 feet to a point;
Thence S4S"48'45"W a dlstance of 118<96 feet to the POINT OF BEGINNING;
Said parcel Contains] ,094,087 square feet or 25 12 acres, more or less and is subject to
all cxisling easements and rights-of-ways of record or implied
Silver Oak Subdivision Exhibit A
EXWBlT A
Leg:!! Description for
Tell Mile Development, LLC.
Fl'ankliu Four-PleA
Commercial Site
A parcel ofIand heing a portion of the \\'1/2 of the SE!J4 of Section 10, Township 3
North, Range I West, Boise Meridian, Ada Counly, idaho, and more particularly
described ,IS follows
Commencing at a 5/8 inch rebaI' marking the SE Comer of said Section lO, thence along
the South line o[said Section 10, also being the centerline of Franklin Road,
N89"4(J'29"Wa distance of 1558.52 feet to a 5/8 inch rebaI' being the POINT OF
BEGINNING, and from which a brass cap marking the SW Comer of the SE1I4 o[said
Section 10 bears N89"40'29"W a dislance of 108205 feet,
Thence continuing along said South line N89"40'29"W a distance of 15000 feet to a lI2
inch rebar;
Thence leaving saI{l SOlLlh line NOO"(l9'J I "E a distance of25,00 feet to a point in the
centerline of the Kennedy Lateral;
Tbence me<lndering along Ihe centerlllle of said Kennedy Lateral the follOWIng Courses
and distances
Thence N42D03 '29"W a distance of 30(1-00 feet to a pOInt;
Thence N41 "IS'29"W a dislance of 190,55 feel to a point;
Thence leaving the centerline of said Kennedy Lateral N48"48'45"E a distance of J 18.96
to a pomt,
Thence S89"Q9'I7"E a distance of 39627 to a point;
Thence SO I "08' I O"W a distance of 464.42 feet to the POINT OF BEGINNING.
Said parcel contains approximately 153,711 square feet or 3.53 acres, more or less and is
subjecI to all exisHng easements and nghts-of-ways ofrecord or implied
Silver Oak Subdivision Exhibit A
EXHIBIT B
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Silver Oak Subdivision Exhibit B
EXHIBIT C
Silver Oak Subdivision
CUP-Os-024
Approved Site Plan, August 17, 2005
Silver Oak Subdivision Exhibit C
EXHIBIT D
Silver Oak Subdivision
AZ-OS-016
Annexation and Zoning Comments
ANEXATION & ZONING COMMENTS
I. The annexation legal description submitted with the application (stamped by Hugh
Edwards, PLS 3/14/05) shows the property as contiguous to the existing corporate
boundary ofthe City of Meridian.
2. Any future subdivision, uses and construction on this property shall comply with the
City of MeIidian ordinances in effect at the time.
3. A Development Agreement (DA) will be required as part of an annexation of this
property. Prior to the annexation ordinance approval, a DA shall be entered into
between the City of Meridian, the property owner(s) (at the time of alUlexation
ordinance adoption), and the developer. The aoolicant shall contact the Citv Attomev
Bill Narv at 888-4433 to initiate this Process. The DA shall incorporate the
following:
· That the applicant will be responsible for all costs associated with the sewer
and water main line extension from the sewer main offsite to the property
boundaries.
· That the applicant will be responsible for all costs associated with the sewer and
water service extension. Any existing domestic wells and/or septic systems within
this project will have to be removed from their domestic service, per City
Ordinance Section 5-7-5 I 7, when services are available from the City of
Meridian. Wells may be used for non-domestic purposes such as landscape
irrigation.
· That all future development of the subject property shall be constructed in
accordance with City of Melidian ordinances in effect at the time of development.
All future uses shall not involve uses, activities, processes, materials, equipment
and conditions of operation that will be detrimental to any persons, propelty or the
general welfare by reason of excessive production of traffic, noise, smoke, fumes,
glare or odors.
· That the applicant shall be responsible for all costs associated with piping the
Kennedy Lateral, unless otherwise specifically waived by Nampa Meridian
Inigation District.
· The applicant shall provide construction materials similar to wainscoting, brick,
or cultured stone to provide architectural appeal to the front of the buildings.
· The applicant shall provide additional modulation to the buildings to provide
additional building relief.
Silver Oak Subdivision Exhibit 0
EXHIBIT E
Silver Oak Subdivision
PP-05-023
Preliminary Plat Site Specific and Standard Conditions
SITE SPECIFIC CONDITIONS-PRELIMINARY PLAT
1. The preliminary plat prepared by Insite Architects, dated June 22, 2005, is
approved, with the conditions listed herein. All comments/conditions of the
accompanying Annexation/Zoning (AZ-05-016) and Conditional Use Pennit
(CUP-05-024) and Development Agreement shall also be considered conditions
of the Preliminary Plat (PP-05-023).
2. The submitted landscape plan prepared by South Architecture, Inc., dated 3-11-05
labled Ll.0 is approved as submitted with changes. The following should be
included in a revised landscape plan:
· Depict and construct a 10-foot wide gravel shoulder on Franklin Road
abutting the site, with the remaining portion of the right-of-way being
landscaped with lawn or other vegetative groundcover.
· Depict and construct a 10-foot wide landscape strip along the local public
street (Silver Oaks Circle) between Lots I and 2 with the remaining
portion of the right-of-way being landscaped with lawn or other vegetative
ground cover.
· Depict and construct a 20-foot wide landscape strip along the public
collector street (Silver Oaks Drive) between LotI and the property to
the east with the remaining portion of the right-of-way being
landscaped with lawn or other vegetative groundcover.
· All areas being counted toward the open space requirement shall be free of
"wet ponds" or other such nuisances. All stonnwater detention facilities
incorporated into the required open space are subject to Ordinance 12-13-
14 and shall be fully vegetated with grass and trees, as depicted on the
submitted landscape plan.
o 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 are removed.
Other than the changes listed above, the approved landscape plan is not to
be altered without prior written approval of the Planning & Zoning
Department.
3. Revise the preliminary plat and site plan to indicate the means and location of the
storm drainage facilities. A drainage plan designed by a State of Idaho licensed
architect or engineer is required and shall be submitted to the City Engineer (Ord.
557, 10-1-91) for all private roads and off-street parking areas. Storm water
Silver Oak Subdivision Exhibit E
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 steam provides written
authorization prior to development plan approval. The applicant is responsible for
filing all necessary applications with the Idaho Department of Water Resources
regarding Shallow Injection Wells.
4. 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 MCC 12-4-13, unless othelwise approved by Nampa
and Meridian Irrigation District. Plans will need to be approved by the
appropliate 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 not be obtained, alternate plans will be
reviewed and approved by the City Engineer prior to final plat signature.
5. The applicant has indicated Nampa and Meridian Irrigation District will own and
operate the pressurized irrigation system within this development. Underground
year-round pressurized iITigation must be provided to all lots within this
development. The City of Meridian requires that pressurized iITigation systems be
supplied by a year-round source of water. 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 utilized, 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.
6. A detailed fencing plan shall be submitted upon application of the final plat.
Fencing along all canals and waterways shall be a minimum of 6' in height and
constructed of non-combustible materials as to not interfere with regular
maintenance of ditches and waterways by Nampa Meridian Irrigation District. If
pennanent fencing is not provided, temporary construction fencing to contain
debris must be installed around the perimeter prior to issuance of building
permits. All 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.
7. Maintenance of all common areas shall be the responsibility of the Silver Oaks
Homeowners' Association.
8. This proposed development is currently not serviceable by the City of Meridian's
sewer system. This proposed development is master plmmed to sewer to the
Black Cat Trunk via extensions of sewer main through Chesterfield Subdivision.
Chesterfield is not currently under construction therefore proceeding through the
approval process is strictly the risk of the applicant. The City of Meridian does
Silver Oak Subdivision Exhibit E
not guarantee sewer service within the development time limitations outlined in
Meridian City Ordinance.
The applicant shall be responsible to install sewer mains to and through this
proposed development thereby making them available to neighboring properties.
The applicant shall coordinate main sizing and routing with City ofMelidian
Public Works Department, and execute City of Meridian's standard fonus of
easement for any mains that at are required to provide service.
The preliminary site plan shows the Black Cat trunk ruooing 12- foot off of the
eastern property boundary of this development. The master sewer plan, which
Chesterfield has complied with, shows this main 20-foot off of the propeliy line.
The applicant shall align the sewer trunk to confonu to the master plan.
9. All water and sewer mains that are not in the ACHD right-of-way shall be
centered in a 20-foot wide easement. Said easement shall be free of any large
landscaping or fixed vertical objects
10. Municipal water to this site shall be via extensions fi'om existing mains in
Franklin Road and future mains in the Chesterfield Development from the north.
Applicant shall be responsible to construct water mains to and through this
proposed development, thereby making them available to adjacent prope11ies.
Subdivision designer to coordinate main sizing and routing with the Public Works
Department. Applicant shall execute City of Meridian standard fonus of
easements, for any mains that are required to provide service.
II. Other than the public street access approved by ACHD, direct lot access to
Franklin Road is prohibited. A note shall be placed on the final plat restlicting
access to Franklln Road.
GENERAL REOUIREMENTS-PRELIMINARY PLAT
1. All grading ofthe site shall be performed in confonuance 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 inigation, sanitalY sewer, water, etc., prior to
signature on the final plat.
4. A detailed landscape 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.
5. Coordinate fire hydrant placement with the City of Meridian Public Works
Department.
Silver Oak Subdivision Exhibit E
6. 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 subdivider1s expense. Typical locations are at
street intersections and/or fire hydrants. Final design locations and quantity are
detennined after power designs are completed by Idaho Power Company. The
street light contractor shall obtain design and penuit from the Public Works
Department plior commencing installations.
7. Any tree over 4" in caliper that is removed fi'om 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 mitigated.
8. The applicant shall coordinate mailbox locations with the Meridian Post Office.
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.
] O. 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.
] ]. 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.
12. 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.
13. The applicant shall be responsible for application and compliance with any
NPDES Pennitting that may be required by the Enviromnental Protection
Agency.
14. The applicant shall be responsible for application and compliance with any
Section 404 Pennitting that may be required by the Army Corps of Engineers.
15. Submit all updated groundwater/soils monitoring data to the Public Works
Department for review. Any drainage areas (detention/retention basins) must be
designed to ensure that water is retained only during 100-year stonn events, and
for a period of time not to exceed 24 hours. Side slopes within drainage areas
shall no 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
Silver Oak Subdivision Exhibit E
studies detennining the groundwater, soil type and characteristics during the
design and construction phases.
16. The applicant's engineer shall be required to certify that the street centerline
elevations are set a minimum of 3-feet above the highest established nonnal
groundwater elevation. This is to ensure that the bottom elevation of crawlspaces
is at least I-foot above said elevation.
17. Staff's failure to cite specific ordinance provisions or tenns of the approved
mmexation/conditional use does not relieve the applicant of responsibility for
compliance.
18. Preliminary plat approval shall be subject to the expiration provisions set forth in
MCC 12-2-4.
OTHER AGENCY/DEPARTMENT COMMENTS & CONDITIONS
MERIDIAN FIRE DEPARTMENT
1. Acceptance of the water supply for fire protection will be by the Meridian Fire
Department and water quality by the Meridian Water Department for bacteria
testing.
2. Final Approval of the fire hydrant locations shall be by the Melidian 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 of the hydrant location.
e. Fire Hydrants shall be placed on comers when spacing pennits.
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. The phasing plan may require that any roadway greater than 150' in length that is
not provided with an outlet shall be required to have an approved turn around.
4. All entrance and internal roads shall have a turning radius of 28' inside and 48'
outside radius.
Silver Oak Subdivision Exhibit E
5. All common driveways shall be straight or have a turning radius of28' inside and
48' outside and shall have a clear driving surface which is 20' wide.
6. Provide a 24' wide Fire Lane for all internal roadways all roadways shall be
marked in accordance with Appendix D Section Dl 03.6 Signs.
7. For all Fire Lanes, paint the curb red and provide signage "No Parking Fire
Lane".
8. Fire lanes and streets shall have a veliical clearance of 13'6". This includes
mature landscaping.
9. Operational fire hydrants, temporary or pennanent street signs and access roads with
an aU weather surface are required before combustible construction is brought on
site.
10. 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
applicant shall provide a stub street to the property to the west and north. The two
entrances should be separated by no less than Vi the diagonal measurement of the
full development.
11. Building setbacks shall be per the International Building Code for one and two
story construction.
12. 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.
13. Commercial and office occupancies will require a fire-flow consistent with the
Intemational Fire Code to service the proposed project. Fire hydrants shall be
placed per Appendix D.
14. The proposed multi-family lot has an estimated 308 units with a total estimated
population of 894 residents at build out The Meridian Fire Department has
expelienced 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.
15. 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 bome by the developer
Silver Oak Subdivision Exhibit E
16. Maintain a separation of5' from the building to the dumpster enclosure.
17. Provide a Knoxbox entry system for the complex prior to occupancy.
18. The first digit of the Apartment/Office Suite shall cOlTespond to the floor level.
19. The applicant shall work with Plamling Department staff to provide a named pEivate
street address identification plan including a pylon/monument sign at the required
intersection(s).
20. 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.
21. Provide exterior egress lighting as required by the Intemational Building & Fire
Codes.
22. 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 splinkler
system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the
distance requirement shan be 600 feet (183 m).
23. All Daycare's with 7 or more children must pass an inspection using the criteria of
the Idaho State Fire Marshal. If the applicant has concerns about meeting the State
Fire Marshal criteria an inspection will be completed at a cost of$20.
24. There shall be a fire hydrant within 100' of all fire department cOlmections.
25. Buildings over 30' in height are required to have access roads in accordance with
Appendix D Section D105.
26. Please contact the Fire Marshal at 888-1234 to work specific issues associated with
this project as soon as possible.
MERIDIAN PARKS DEPARTMENT
Silver Oak Subdivision Exhibit E
1. Path" aj al E1 Trail staneares: T-Le 13reposee 13atll" a) ane/Elf trail shall meet HIe
sbnea-res as set forth in tl e '\ugust 2003 Comprehensi, 0 Parl~
SysteH.1 Plan, 13gs. 3 2 aRe 3 3, seetiElns D & C. The 13atlQ"a) shEll:llEl 00lmeot
thrElHgl'! tEl Bellinghalll park stt8Eli isien. If Bellil gham Park SEsei, isien fails to
be af313re, eEl the aj:l13lieant shall 13re iee en street eEll1B.eetiol1 froB'! Let 16 Bloek
18 te the Ten Mile Creek until sHe-h a tiI'Re as an e]~tensien is 13ossiblc.
2. StanElan:l fer Cit) tEl assume ~ laiateflanee of a seetiElR Elf Path YO aJ: The 13ath a)
n'Tl:lst e8fl11eet B'om ElRe mJjor arterial tEl anether, aRa eitHer a1. easement or
0" flersl'!ip doee ffil:lSt 130 grantee sefere the eit) . ill aSSl:lll'le the maintenanee of
any section Elf patli" a).
3. Hiflil'Rl:llR aereage standarEl fer Citj Park: The elt) is "illiHg te de e10p ane
maintain Cell'lfffilnit) Parks, Urban Parks, ana NeighborReea Parks.
Pleigl'lhElrheoe Parks .. ill be re, ie" ee ell a ease b) ease hasis. The City mal
ehoElse temail.tainneighh0rhooeparIesatanaereageefseeflaeresElrlarger.It
'."ill he the respel1si13ilit) ef pri ate home0, Her gr8l:lpS Elr asseeiatiens te ae elef,l
and maintain the smaller mini f,la'fh ana sem.s rfeigllborhooEl Parl~s iR their
subai isiel'l that the elt) sees net maiRtaill. CeHstruetioll fill ane graEling must be
aj:lpro , ee h) the ~ lericlian Parl(s Direetor.
4. Standard for Mitigation of trees: The standard established in the City of Meridian
Landscape Ordinance (MCC 12-13-13-6) will be followed.
5. Standard Plan for Protection of Existing Trees during Construction: The standard
established in the City of Meridian Landscape Ordinance (MCC 12-13-13) will be
followed.
MERIDIAN POLICE DEPARTMENT
1. The proposed development and/or plat do not offer natural surveillance
opportunities of the public areas. Plior to the next public hearing, the applicant
shall meet with the Police Chief and/or Planning Staff to discuss features that
increase visibility, including but not limited to: doors and windows that look out
on the public areas, front porches, and adequate nighttime lighting. The site plan
and/or landscaping plan shall be revised in accord with those discussions.
2. To increase emergency access to the site, the applicant shall provide a stub street
to the property to the (west! north). Prior to the next public hearing, the applicant
shall submit a revised plat/site plan to reflect this requirement.
3. The proposed multi-family development shall limit landscaping shrubs and
bushes to species that do not exceed three feet in height.
4. Any interior fencing shall allow visibility from the street or shall not exceed four
feet in height if solid fencing is used.
Silver Oak Subdivision Exhibit E
5. The pedestrian access to the proposed clubhouse/community entrance is not well-
defined. The applicant shall submit a revised landscape plan that uses walkway
paving materials and landscaping to alelt motorists to the pedestrian traffic.
6. The proposed landscaping creates a hiding spot near building units 21 and 22. The
applicant shall submit a revised landscaping plan that affords greater visibility of
the area from public areas such as a street or parking lot.
CENTRAL DISTRICT HEALTH DEPARTMENT
1. Run-off is not to create a mosquito breeding problem.
2. Stonnwater shall be pretreated through a grassy swale prior to discharge to the
subsurface to prevent impact to groundwater and surface water quality.
3. The Engineers and architects involved with the design of the subject project shall
obtain current best management practices for stormwater disposal and design a
stormwater management system that prevents groundwater and surface water
degradation.
SANITARY SERVICES
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.
ADA COUNTY HIGHWAY DISTRICT
A. Note to the City of Meridian
1. ACHD would prefer that the proposed n01th-south public street not extend
beyond the first proposed driveway. The site is a network of private roads
and driveways, and there does not appear to be a need for a public street
beyond that point. If the City of Meridian requires the public roadway to
extend to the n01th propelty line, as shown on the plans, ACHD will
accept that condition.
2. The applicant is not proposing to develop this property with a public street
network. lfthe City does not allow private streets and driveways, the
roadways may be public, provided that are designed and constructed to
ACHD roadway standards. lfthe City requires a public street network,
then the applicant should construct a stub street to the Kennedy Lateral
and should road trust for one-half the cost of a bridge to cross the lateral.
B. ACHD Site Specific Conditions of Approval
1. Dedicate 48-feet of right-of-way from the centerline of Franklin Road abutting the
parcel by means of a walTanty deed. The right-of-way purchase and sale
Silver Oak Subdivision Exhibit E
agreement and deed must be completed and signed by the applicant prior to
scheduling the final plat for signature by the ACHD Commission or prior to
issuance of a building pennit (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 be paid the fair market value of the
right-of-way dedicated which is an addition to existing ACHD right-of-way.
2. Provide the District with a road trust deposit for the construction of ISO-linear
feet of concrete sidewalk ($20.00 per linear foot) and one half of the cost of the
pedestrian crossing.
3. Construct a public street that intersects Franklin Road at the east propel1y line, as
proposed.
4. Construct the public street located at the east property line as one half of a 40-foot
street section with 24-feet of pavement with vertical curb, gutter and as-foot
attached concrete sidewalk on the west side of the roadway and a 3-foot gravel
shoulder and an adequately sized drainage swale on the east side ofthe roadway.
5. Construct a 3D-foot wide curb return type driveway that intersects the public
roadway approximately 425-feet north ofFrankIin Road. Pave the driveway its
full width and at least 3D-feet into the site beyond the edge of pavement of the
roadway and install pavement tapers with IS-foot radii abutting the existing
roadway edge.
6. Construct a turnaround at the terminus of the public roadway. Construct the
turnaround at the tenninus of the public roadway to provide a minimum turning
radius of 55-feet.
7. Construct a center turn lane at the intersection of the public roadway and Franklin
Road. Construct the center turn lane to provide a minimum of 1 DO-feet of storage
with shadow tapers for both the approach and departure directions. Coordinate
the design of the turn lane with District staff.
8. Construct a westbound right-hand turn lane at the intersection of the public
roadway and Franklin Road. Coordinate the design of the taper with District
staff.
9. Other than the pubic road that has specifically been approved with this
application, direct lot access to Franklin Road is prohibited. A note will be
required on the final plat stating the access restrictions to Franklin Road.
10. Comply with all Standard Conditions of Approval.
C. ACHD Standard Conditions of Approval
Silver Oak Subdivision Exhibit E
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 bome 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 Distlict'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 propeliy 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.
Silver Oak Subdivision Exhibit E
] ]. Any change by the applicant in the planned use of the propeliy 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 propeliy 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.
Silver Oak Subdivision Exhibit E
EXHIBIT F
Silver Oak Subdivision
CUP-05-024
CUP/PD Site Specific and Standard Conditions
SITE SPECIFIC CONDITIONS-CONDITIONAL USE PERMIT
1. The site plan prepared by Insite Architects, dated August 17, 2005, is approved,
with the conditions listed herein. Applicant shall meet all of the requirements of
the Annexation/Zoning (AZ-05-0l6) and Preliminary Plat (PP-05-023) as a
condition of the Conditional Use Pennit (CUP-05-024).
2. The project shall confonn to the respective R-15 and L-O dimensional standards,
MCC 11-9-1.
3. Construction within Silver Oaks Subdivision shall substantially comply with the
elevations submitted by the applicant. Construction materials used on the
structures shall be approved by the City of Meridian Building Department and in
accordance with the most recent Unifonn Building Code.
4. Building materials shall include wainscoting, brick, or cultured stone materials for
the building facades.
5. The buildings shall include more modulation to provide additional relief to the
building layouts.
6. The applicant shall submit a detailed open space report to classify the open space
being applied towards an amenity. Landscaped open space means land exclusive
of street lights-of-way and street buffers, except for right-of-way specifically
dedicated for landscaping within a subdivision. Since all the open space is
independent of lot lines the applicant shall substantially comply with the design as
submitted, subject to the conditions of approval contained within this report.
7. Provide common open space that equals or exceeds ten percent of the gross land
area for the multi-family pOliion ofthe development.
8. Provide each multi-family dwelling unit with at least one hundred square feet of
useable private open space.
SPECIAL CONSIDERATIONS-CONDITIONAL USE PERMIT
1. Reduced Standards: As stated earlier, the applicant is requesting modifications
from standard ordinance requirements for street frontage and number of buildings
per lot.
Silver Oak Subdivision Exhibit F
Lot Frontage: The minimum requested street frontage is none. (50 feet is the
minimum for the R-15 zone; 30 feet is the minimum for the L-O zone.). The
multi-family lot is contained within private accesses and the individual units will
be accessed through Common Drives. This lot requires relief from the minimum
street li-ontage as cUlTently designed with the collector road becoming plivate
approximately 464 feet n011h of Franklin Road. Staff has conditioned the project
to provide a public stub street from the proposed public road terminus to the west
which will provide approximately 400 Feet of frontage to both lots. This will
make the request for waiver of lot frontage null, as both lots will receive frontage
from the public road extension fi.-om the collector road to the Kelmedy Lateral.
Setbacks: All setbacks should comply with the appropriately zoned district.
2. Amenities: MCC 12-6-2.A.3 requires two or more amenities to be provided as
part of each planned development. The proposed amenities for the subject plmmed
development include: an extensive open space system for pathways and a large
multifamily lot which will contain seventy-seven units (77) with a clubhouse,
pool, and fitness center. The proposed open space makes up greater than 10% of
the site, 5% minimum is required and it takes 10% to count open space as an
amenity. The applicant is not proposing specific parking for the clubhouse or an
internal pedestrian system for access to the clubhouse, the applicant should
provide crosswalks to facilitate pedestrian traffic across the parking lot. As
proposed, staff believes the proposed clubhouse/pool/fitness center and open
space areas provide sufficient amenities relative to the size of the proposed multi-
family development. The commercial portion of the Planned Development
proposes no amenities as defined by the applicant; Sheet Ll.5 does not show any
amenities as required by MCC 12-6-2-3. The commercial portion will be required
to provide an appropriate amenity as a part of the planned development.
Landscaped open space means land exclusive of street rights-of-way and street
buffers, except for right-of-way specifically dedicated for landscaping within a
subdivision. The applicant has not calculated the total open space areas which
count toward open space. No drainage lots, required street buffers, or canal
buffers can be included in this calculation. See Site Specific Condition of
Approval # 4.
3. Elevations: The applicant has submitted several front elevation drawings for the
proposed dwelling units and commercial buildings. Staff believes that the
dwelling units will be compatible with the adjoining uses, if the buildings are
constructed as shown on the submitted elevations. Construction within Silver
Oaks Subdivision should substantially comply with the elevations submitted by
the applicant. Construction materials used on the structures should be approved by
the City of Meridian Building Department and in accordance with the most recent
Uniform Building Code. See Site Specific Condition #3 below.
Silver Oak Subdivision Exhibit F
EXHIBIT G
Silver Oak Subdivision
AZ-05-016
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;
In Chapter VII of the Comprehensive Plan Page 95, 'High density' is defined as
areas including Multi-family homes at densities exceeding eight dwelling units
per acre. Staff finds that the requested zoning designation, R-15, is harmonious
with and in accordance with the 2002 Comprehensive Plan and Future Land Use
Map, which designates the land to be "High Density Residentia1." The 12.26
dwelling units per acre proposed with the preliminary plat are consistent with
previous Commission and Council actions and generally conform to the goals,
objectives, and action items contained in the Comprehensive Plan for this area. In
addition, the applicant's cover letter (dated March 11, 2005) lists several
Comprehensive Plan policies, all of which support the annexation and proposed
residential use of the property.
The Limited Office lot may not comply with the goals and policies ofthe High
Density Residential designation. The applicant has indicated that Meridian City
Code allows for a use exception along arterial roads not to exceed 20% of gross
area. The Commission and Council actions should take into consideration the
allowance ofthe Limited Office designation lot within the appropriate
commercial/mixed use policy, and not located along a commercial corridor.
However staff supports the proposed davcare use and professional office
proposal as these uses will be located alon!! an arterial road and will support the
primary multi-familv use bv havin!! services close to residences therebv reducing
traffic con!!estion onnearbv roadwavs reducin!! air pollution and creatine: an
efficient use of the land.
Silver Oak Subdivision Exhibit G
Staff finds the following 2002 Comprehensive Plan text policies to be applicable to
this application (staff analysis is in italics below policy):
· "Require appropriate landscape and buffers along transportation corridors
(setback, vegetation, low walls, berms, etc.)." (Chapter VII, Goal IV,
Objective D, Action item 4)
As depicted on the Comprehensive Plan Future Land Use Map, the applicant
is proposing to construct a 25-foot wide landscape berm with vegetation
along Franklin Road. Staff is supportive of these widths, as long as the entire
buffer lies outside the ultimate right-o.fway, and the sidewalk is located
outside of the 251'oot wide buffer (or increase btiffer to 40-feet).
· "Consider "Accommodating Bicycle and Pedestrian Travel: A
Recommended Approach" fi-om the National Center for Bicycling and
Walking in all land use decisions." (Chapter VI, Goal II, Objective A, #3)
This publication encourages jurisdictions to establish bikeway and alkway
facilities in new construction and reconstruction projects, in a manner that is
safe, accessible and convenient. The proposal as presented will create an
internal system which the will ultimately connect to the regional multi-use
pathway system.
Staff recommends that the Commission and Council rely on staff's analysis,
public testimony received and any comments submitted from any other agencies
or departments regarding whether the proposed zone and subsequent development
is hannonious with and in accordance with the Comprehensive Plan.
B. Is the area included in the zoning amendment intended to be rezoned in the
future;
Concurrent with the annexation and zoning application, the applicant has
submitted a preliminary plat and conditional use pennit proposing multi-family
and commercial lots on the subject site (PP-05-023 & CUP-05-024). Staff does
not anticipate that the applicant plans to rezone the subject property in the future
if the accompanying CUP/PD and PP applications are approved.
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 existing proposal is consistent with the Comprehensive Plan. Staff does not
anticipate additional commercial or other uses other than the uses planned for the
site.
Silver Oak Subdivision Exhibit G
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;
Staff finds that a substantial pOliion of the land to the 110lih has been developed
(or approved for development) in a manner hannonious to the proposed
subdivision, with single-family dwelling units.
Neighboring Ada County parcels are very large lots with heavy agricultural uses.
This development is proposing significantly smaller lots, but within the
acceptable limits for a high density development bordering a mixed use and
industrial area.
Black Cat Road is currently being improved and Franklin Road (east ofTen-Mile
Road) is currently scheduled within ACHD's Five Year Work Program or Capital
Improvements Plan (CIP) for roadway widening in 2010. Franklin Road west of
Ten-Mile Road is in the plmming phases but is currently not funded for
constl1lction.
This entire development is not currently serviceable by the City of Meridian's
sanitary sewer system. The site shall be served by a cOlmection in Chesterfield
Subdivision. If this development is approved, it shall be subject to extending the
sewer system. Other urban services, such as water, are near to this site and the
applicant should be able to extend such services to the site in cooperation with
Meridian Public Works. Staff finds that the subject site is denser than surrounding
proposals but provides a housing type which has not been utilized in the
immediate vicinity. The overall proposal is consistent for development in a
fashion similar to other properties in the 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 applicant has submitted several front elevations for the proposed multi-family
homes and commercial offices. If the homes are constl1lcted in substantial
compliance with the submitted elevations, they will be similar in design to other
uses in the area. The existing character ofthe area will, and is, currently changing.
However, this is one of the first developments to apply for residential uses south
ofthe Union Pacific Rail Road. This development will set the tone for how the
rest of this area, particularly the west, develops or does not develop as High
Density Residential.
F. Will the proposed uses not be hazardous or disturbing to existing or future
neighboring uses;
Silver Oak Subdivision Exhibit G
Due to other existing and proposed uses near the site, staff does not anticipate that
the proposed zoning/uses will be physically hazardous to future or existing uses or
neighbors in the area. The northern property line should be adequately fenced to
not allow access to the UPRR property. The Kennedy Lateral should be
adequately fenced to not allow access to the open waterway. The Kennedy
Lateral should be piped as per MCC 12-4-13 or as waived by the Nampa Meridian
Irrigation District.
Staff recommends that the Commission and Council rely on staff 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;
If this development is approved, it shall be subject to extending the sewer system.
Other urban services, such as water, are near to this site and the applicant should
be able to extend such services to the site. Water to serve this development is
existing or currently under development with Chesterfield Subdivision. The
applicant shall be responsible for the extension of utilities to and tluough this
proposed development. Sizing and routing shall be coordinated with the Public
Works Depatiment.
The applicant and/or future property owners will be required to pay pat-k and
highway impact fees as well as construct on-site stonn water drainage facilities.
Based on the comments received from other agencies/departments, staff finds that
the public services listed above can be made available to accommodate the
proposed development. The Commission and Council should reference any
written and/or verbal testimony submitted by any public service provider,
regarding their ability to adequately service this project.
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 will be fire, police, school
facilities and services. Staff finds there will not be excessive additional
Silver Oak Subdivision Exhibit G
requirements at public cost and this development will not be detrimental to the
economic welfare of the cOlmnunity.
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;
Staff recognizes that traffic and noise will increase with the approval of a
development on this site; however, staff does not believe that the amount
generated will be detrimental to the general welfare ofthe public. Staff 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.
Fencing along all canals and waterways shall be a minimum of 6' in height and
constructed of non~combustible materials as to not interfere with regular
maintenance of ditches and waterways by Nampa Meridian lITigation District.
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 shared public street entrance into the
site from Franklin Road and a private street cOlU1ection to the east with future
connection to Ten-Mile Road. The proposed public street entrance to Franklin
Road has been proposed to ACHD. ACHD has made several recommendations
on the public road system for access to the development. Staffhas concerns with
the limited public access for the scale of the project. It is staff's opinion that a
public stub street should be provided to the west for future multi-family
extensions and to provide public service access to the commercial portions ofthe
project. The public stub street shall tenninate in an approved method by ACHD.
The applicant shall also provide cross access to the A vest Propel1y located
Northeast of the site. The development agreement for this site was approved by
the City of Meridian and requires a secondary access for emergency service. The
applicant may also extend the public street at the discretion of ACHD in order to
provide the appropriate cOlU1ection.
If all vehicular approaches (streets) are approved and constructed in accordance
with ACHD policies, staff does not believe that the subdivision will create
interference with traffic on the surrounding public streets. Please review any
comments from ACHD for this project for additional information regarding this
finding.
K. Will not result in the destruction, loss or damage of a natural or scenic
feature of major importance; and
Silver Oak Subdivision Exhibit G
There are many game species in the vicinity which use the Ten-Mile and Kennedy
Lateral systems for habitat. These areas will be altered through the development
of the site.
Any existing trees larger than 4" caliper that are removed should be mitigated for,
per the Landscape Ordinance.
Staff recommends that the Commission and Council reference any public
testimony that may be presented to detennine whether or not the proposed
development may result in the destruction, loss or damage of a natural or scenic
feature(s) ofimportance of which staff is unaware.
L. Is the proposed zoning amendment in the best interest of the City of
Meridian. (Ord. 592, 11-17-1992)?
In accordance with the findings listed above, staff finds that the
annexation/zoning of this property, as proposed by the applicant, would be in the
best interest of the City.
Silver Oak Subdivision Exhibit G
EXHIBIT H
Silver Oak Subdivision
PP-05-023
Preliminary Plat Findings
PRELIMINARY PLAT ANALYSIS
Meridian City Code (MCC) ] 2-3-3 J.2 and ]2-3-5 D read as follows; "In detennining 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" above.
B. The availability of public services to accommodate the proposed
development;
Please see Annexation and Zoning Analysis "G" above.
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, staff 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;
The development will not require major expenditures for providing supporting
services. Staff recommends the Commission and Council rely upon comments
submitted from the public service providers (i.e. police, fire, ACHD; etc.) to
determine this finding. (See finding "G" under Annexation and Zoning Analysis
above, and the Agency Comments and Conditions at the end of this report for
more detail.)
Silver Oak Subdivision Exhibit H
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 health} safety or environmental problems
associated with this subdivision that should be brought to the Councilor
Commission's attention; other than the KelUledy Lateral and Railroad separation
issues previously discussed. ACHD considers road safety issues in their analysis.
Staff finds the Commission and Council should rely on any public testimony that
may be presented to detelTI1ine whether the proposed use may cause health} safety
or environmental problems of which staff are aware.
SPECIAL CONSIDERATIONS-PRELIMINARY PLAT
1. Public Streets and Access: The connection to Franklin Road will be constructed in
cooperation with future projects to the east and existing projects to the north via
Silver Oak Drive and Silver Oaks Circle. These roads will serve as collector
streets in this area and will provide access to Franklin Roads for all parcels in this
section. Staff is supportive of a broader collector street design} as it will provide
access to future development across Kennedy Lateral and to the north for all
parcels in this section the applicant has indicated acceptance of this design if
required by the Commission and Council. Staff feels this recommendation is
essential as public access to the north is impeded by the UPRR.
2. Right-of-wav & Landscaoe Buffers:
Arterial Streets: Staffrecommends that the applicant comply with the ACHD's
requirements for right-of-way dedication along Franklin Road.
Collector Roads: Staffrecomrnends that the applicant comply with staff's
recommended public street layout.
Landscaping and sidewalks adjacent to Franklin Road should be constructed in
compliance with MCC 12-13-10. A 25-foot wide landscape buffer, located
entirely outside ofthe light-of-way and not including the width ofthe sidewalk,
should be provided along arterial roadways. A 20-foot wide landscape buffer}
located entirely outside of the right-of-way and not including the width of the
sidewalk, should be provided along collector roadways. See Site Specific
Condition #2 below.
3. Stub Streets: The applicant is not proposing to construct stub streets to adjacent
parcels. Staffis sUPPOliive of the proposed stub street location across the
Kennedy Lateral at an east west location that would bisect the Proposed Lots 1
and 2.
4. Unimoroved Ri!!ht-of-Wav: Meridian City Code 12-13-10-9 requires a 10-foot
wide gravel shoulder abutting right-of-way where the unimproved pOliion of the
right-of-way is greater than 13 feet (measured from the edge of pavement to the
edge of sidewalk or property line), and road widening is not in the ACHD Five
Silver Oak Subdivision Exhibit H
Year Work Program. The remainder of the unimproved right-of-way should be
landscaped with lawn or other vegetative groundcover. Franklin Road abutting
this site meets the warrants for the 10-foot wide gravel shoulder requirement
listed above. Therefore, the applicant should be required to construct a 10-foot
wide gravel shoulder on Franklin Road, with the remaining pOliion of the right-
of-way being landscaped with lawn or other vegetative groundcover. See Site
Specific Condition #2 below.
5. Intemal Streets: The applicant is proposing to construct internal cross access
sh'eets located within the proposed lots. These roadways have undefined street
sections with 646 residential parking stalls and 55 commercial parking stalls
located along one or both sides of the drive aisle. Staff is supportive of this
design as long as the conditions of approval are met and emergency service is not
impeded by the parking layout.
7. Piping of Ditches: 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. Unless otherwise approved by
Nampa and Meridian Irrigation District. 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 cannot be obtained, plans will be reviewed
and approved by the City Engineer prior to final plat signature. See Site Specific
Condition #4 below.
8. Pressure Irrigation: The City of Meridian requires that pressurized irrigation
systems be supplied by a year-round source of water (MCC 12-13-8.3). The
applicant should 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 utilized, the developer shall be responsible for the payment of
assessments for the common areas plior to signature on the final plat by the City
Engineer. An underground, pressurized irrigation system should be installed to all
landscape areas per the approved specifications and in accordance with MCC 12-
13-8 and MCC 9-1-28. See Site Specific Condition #5 below.
9. Fencing:: The applicant has proposed to construct fencing around the perimeter of
the site. Fencing along all canals and waterways shall be a minimum of 6' in
height and constructed of non-combustible materials as to not interfere with
regular maintenance of ditches and waterways by Nampa Melidian Irrigation
District. A detailed fencing plan should be submitted upon application of the final
plat (MCC 12-4-1O.F.3). If pennanent fencing is not provided, temporary
construction fencing to contain debris must be installed around the perimeter plior
to issuance of a building permit. All fences should taper down to 3 feet maximum
within 20 feet of all right-of-way. All fencing should be installed in accordance
with MCC 12-4-10. See Site Specific Condition #6 below.
Silver Oak Subdivision Exhibil H
10. Sanitary Sewer The entire development is not currently serviceable by the City of
Meridian's sanitary sewer system. The site shall be served by a connection
through Chesterfield Subdivision and piped under the UPRR. Proceeding tlu'ough
the approval process is strictly the risk of the applicant. The City of Meridian
does not guarantee sewer service within the development time limitations outlined
in Meridian City Ordinance. See Site Specific Condition #8 below.
Silver Oak Subdivision Exhibit H
EXHIBIT I
Silver Oak Subdivision
CUP-05-024
CUP/PD Findings
CONDITIONAL USE ANALYSIS
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;
As part of the Plmmed Development (PD) the applicant is requesting relieffi:om
the standard street frontage requirement and number of buildings per lot, as
required by Meridian City Code. See Special Consideration #1 below for detailed
analysis.
Staff finds that the subject property is large enough to accommodate the requested
use and all other required features. Although the site is large enough to
accommodate all ofthe features required by ordinance, the applicant has asked,
through the Plmmed Development, to modify specific development standards.
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;
Staff finds that the proposed multi-family residential subdivision, with a gross
density of 12.26 dwelling units per acre, is generally hannonious with and in
accordance with the 2002 Comprehensive Plan and Future Land Use Map, which
designates the site to be "High Density Residential". Furthermore, the
Professional Offices and Daycare can be accolmnodated as the neighboring land
uses are industrial, commercial, and mixed use as well as fitting the zoning use
exception standards of the Pla1ll1ed Development (provided the Commission and
Council grant the requested plam1ed development). Please see A1ll1exation &
Zoning Analysis "A" above.
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 A1ll1exation & Zoning Analysis "E" above.
Silver Oak Subdivision Exhibit [
D. That the proposed use, if it complies with all conditions of the approval
imposed, will not adversely affect othel" property in the vicinity;
Staff recommends that the Commission and Council rely upon public testimony,
staff s analysis, and other agency comments when determining if the proposed
uses will adversely affect other properties 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;
Please see Annexation & Zoning Analysis "0" and "H" above, the Other
Agency/Department Comments and Conditions at the end of this repoli, 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" above.
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" above.
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" above. The Commission and
Council should review any comments received from the ACHD provide for this
project when detennining this finding.
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 "I(" above.
Silver Oak Subdivision Exhibit I
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW AND
DECISION & ORDER
In the Matter of Preliminary Plat Approval of Four (4) building lots on 1.74 acres and
Conditional Use Permit (CUP) Approval for a Commercial Planned Development with
reductions to the minimum requirements for street frontage, in a L-O zone for Woodpenn
Subdivision, by Pennwood III, LLC.
Case No(s). PP-05-022, CUP-05-030
For the City Council Hearing Date of: July 26, 2005
A. Findings of Fact
1. H earing 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 prope1iy. 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 govenunent 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 public hearings 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 f01ih in
Idaho Code S67-6509, 6512, and Meridian City Code SS 1] -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
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). PP-05-0l1, CUP-05-013 - PAGE J of4
a. In addition to the application and property facts noted in the staff repOli and the
Planning & Zoning Recommendation for the subject application(s), it is hereby
verified that the propeliy owner(s) of record at the time of issuance of these
findings is Troutner Business Park Development Corporation.
4. Required Findings per Zoning and Subdivision Ordinance
a. See Exhibit D for the findings required for Preliminary Plat/Conditional Use.
R Conclusions of Law
I. The City of MeIidian 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. S67-
6503).
2. The Meridian City Council takes judicial notice of its Zoning, Subdivision and
Development Ordinances codified at Titles 11 and 12, MeIidian City Code, and all
CUlTent 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 ofMeIidian plal111ingjurisdiction.
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 Preliminary Plat/
Site Plan as shown in Exhibit B and the Conditions of Approval in Exhibit D. 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:
1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat
dated April 15, 2005 is hereby conditionally approved; and
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). PP-OS-OII, CUP-OS-Ol3 - PAGE 2 of4
2. The applicants Conditional Use request is hereby conditionally approved; and
3. The site specific and standard conditions of approval are as shown in Exhibit C.
D. Notice of Applicable Time Limits
]. 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 afFinal 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 govemingbody 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 pennit 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
Exhibit B: Approved Preliminary Plat/Site Plan
Exhibit C: Conditions of Approval
Exhibit D: Required Findings for Preliminary Plat/Conditional Use Permit
BYation of the City Council at its regular meeting held on the
V /0 6-..e.-v- ,2005.
/ / -/!J.. day of
COUNCIL MEMBER SHAUN WARDLE
VOTED~
VOTED 11~ H-vf"
COUNCIL MEMBER CHRISTINE DONNELL
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). PP-05-0 I I, CUP-05-0 13 - PAGE 3 of 4
COUNCIL MEMBER CHARLIE ROUNTREE
VOTED~
VOTED~
COUNCIL MEMBER KEITH BIRD
MAYOR TAMMY de WEERD
(TIE BREAKER)
VOTED -===-
MayorTa~I ,.., ,,~-~~rd
Attest: ",\~--( M€r~~"/...
l" c} ,r ffif!POfY-4 h ~-';~~
~ ~ ~ ~ s
~b~,(Lf SEAt, ~
Wi iam G. Berg, Jr., City CI y ~. ,..~_ # 2
'\ ~ '~flS\'^\ .pj
1-'J:1. ~~ "
Copy served upon Applicant, The Planning al{tl/4~~~~~~wrt~mt, Public Works Department
and City Attorney.
By: Sh W1 (/1 Srvu~
City Clerk's Office
Dated: !~- /1-05
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). PP-05-o1I, CUP-05-oJ3 - PAGE4 of4
EXHIBIT A
Woodpenn Subdivision
PP-05-022, CUP-05-030
LegaJ Description
J11llE VALlEY ENlJWIj
Lot 10, Block 1, Troutner Park Subdivision
Job No. 05007 4/12/2005
Land in Lot 10, Block 1 of Troutner Park SubdiviSion. as per the Pial thereof, in Book 75, at
Pages 7762-7764, Ada County Plat Records, within the NEl/4 of Section 13, T3N, R1E, 8M,
Cily of Meridian, Ada County, Idaho, described as follows
COMMENCING at the Northwest Corner of sard NE1/4 (North 1f4 corner of Section 13), marked
by a brass cap as per corner perpetuation record. Inst No. 98117248;
1. South 00"52'49' West, 56880 feet;
2. Nonh 71025'40" Easl, 317.12 feet;
3. South 00052'45" West, 80235 feet. to the Northwest comer of said Lot 10, and to a set 5/8
inch rebar with a pIastre survey cap marked "PLS 10782" and the POINT OF BEGINNING,
thence, along the North Line of said Section 13, South 89015'42" East, 966.57 feet,
thence South 00052'49' West, 45.00 feet, to lhe Northeast Corner of Lot 1, Block 1 of said
Subdivision;
thence alon9 the boundary of said SubdiVISion. the fOllowmg three (3) calls;
thence along the North Line of said Lot 10, South 89"10'56" East, 32302 feet, to a sel 5f8 inch
rebar with a plastic survey cap marked "PLS 1 0782",
thence, continuing, South 89010'56" East, 2.00 feet, to a point on the westerly right-of-way of SW
51" Avemle and the Northeast corner of said Lot 10;
thence, along said right-of-way, South 00053'16" West, 23880 feet, to the Southeast corner of
said Lot 10;
thence North 89'06'44" West, 2,00 feet, to a set 5/8 inch rebar with a plastic survey cap marked
"PLS 10782" and a witness corner;
thence, continuing, North 89"06'44" West, 292,9B feet, to a point on the easterly right-Of-way of
Pennwood Street, also being an angle point on the boundary of said Lot 1 0, and a set 5/8 inch
rebar wilh a plastic survey cap marked "PLS 10782";
thence, along said right-of-way and boundary, North 00"52'45" East, 5257 feel, to a found 5/8
inch rebar with a plastiC survey cap marked "PLS 2394",
thence, North 89006'44" West, 30.00 feet, to a found 518 inch rebar with a plastic survey cap
marked "PLS 2394';
thence North 00.52'45" Easl, 185.83 feet, to the POINT OF BEGINNING;
Containing 1.74 acres, more or less, and subject to any easements or rightS-Of-way of record or
othelWise existing , ,.. _
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EXHIBIT B
Woodpenn Subdivision
PP-05-022, CUP-OS-030
Preliminary Platt Site Plan
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EXHIBIT C
W oodpenn Subdivision
PP-05-022, CUP-05-030
Conditions of Approval
SITE SPECIFIC CONDITIONS- PRELIMINARY PLAT
1. The applicallt shall be required to place the required ten foot (10') street buffer
along SW 5th Avenue within all easement in favor of the Business Owner's
Association.
2. If pennanent perimeter fencing is not provided, temporary construction fencing to
contain debris must be installed around the perimeter adjacent to the vacant lands
prior to issuance of a building permit.
3. Sanitary sewer is being proposed via extension of services from existing mains in
S.W. 5th avenue, and the common lot abutting the south property line of this
development. In the event that the depth of the sewer makes the installation of
services to be unacceptable, the applicant shall be responsible to design and install
any mains necessary to provide service, and to coordinate main sizing and routing
with the Public Works Department. Applicant shall execute City of Meridian
standard fonns of easements, for any mains that are required to provide service.
Cover over sanitary sewer mains shall be no less than 3-feet from finish grade to
the top of the pipe. If cover is less than 3-feet from the sub-grade to the top of
pipe, alternate pipe materials shall be used per the MeIidian Public Works
Department's Standard Specifications.
4, Water service to this site is being proposed via an extension of water mains
located in S.W. 5th Avenue. The applicant shall construct all water mains
necessary to serve this proposed development and to coordinate main size and
routing with the City of MeIidian Public Works. Applicant shall execute City of
Meridian standard fonns of easements, for any mains that are required to provide
service.
5. Underground year-round pressurized irrigation must be provided to all lots within
this development. Pressure ilTigation is being proposed via service extensions
from an existing main owned and operated by N amp a and Meridian Irrigation
District. The existing pressure irrigation main already has a year-around back up
in the form of a single point cOlmection to the city's culinary water system. If any
additional connections to the City of Meridian's water system are installed for
ilTigation purposes, the applicant shall be responsible for the payment of
assessments for the ilTigable common areas pIior to signature on the final plat.
6. The seepage bed located between Lot 4 and Lot 5 is within 20 feet of the building
shown on Lot 4. DEQ regulations state that there must be a 20-foot minimum
separation between an underground drainage facility and any building. The
applicant shall make the necessary adjustments to confonn to DEQ regulations,
7. The applicant shall establish a Business Owner's Association for the ownership
and maintenance of the common lots.
8. All conditions of the current Conditional Use Permit (CUP-05-030) application
shall also be considered conditions of the Preliminary Plat (PP-05-022).
STANDARD CONDITIONS- PRELIMINARY PLAT
1. All grading 0 f the site shall be perfonned in conformance with M CC 11-12-3 H,
2. A detailed landscape 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.
3. All stonn and drainage water shall 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 COrd. 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 Stonn Water
Best Management Practices for Idaho Cities and Counties and City of Meridian
standards and policies. Off-site disposal into surface water is prohibited unless
the jurisdiction, which has authority over the receiving stream, provides written
authorization prior to development plan approval. The applicant is responsible for
filing all necessary applications with the Idaho Department of Water Resources
regarding Shallow Injection Wells.
4. All irIigation 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
appropliate ilTigationJdrainage district, or lateral users association (ditch owners),
with written approval or non-approval submitted to the Public Works Department.
If lateral users association approval cannot be obtained, altemate plans will be
reviewed and approved by the City Engineer prior to final plat signature.
5. Applicant shall be responsible for application and compliance with any Section
404 Pennitting that may be required by the AITny Corps of Engineers.
6. Applicant shall be responsible for application, compliance with, and NPDES
Pennitting that may be required by the Environmental Protection Agency.
7. AU development features shall comply with the Americans with Disabilities Act
and the Fair Housing Act.
8, Coordinate fire hydrant placement with the City of Meridian Public Works
Department.
9. 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.
10. 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 mitigated.
II. 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.
12. 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.
13, 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.
14. Prior to signature of the final plat(s) by the City Engineer, 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. that has not been completed.
15. All development improvements, including sewer, fencing, micro-paths,
pressurized irrigation and landscaping shall be installed and approved prior to
obtaining certificates of occupancy.
16. Street signs are to be in place, water system shall be approved and activated,
fencing installed, drainage lots constructed, and the Final Plat for this
subdivision shall be recorded, prior to applying for building permits.
17. All sidewalks shall be constructed in accordance with MCC 12-5-2.K. Prior to
signature of the final plates), all sidewalks shall be constructed or a fmancial
guarantee that said improvements will be completed shall be provided (MCC 12-
5-3).
18. Please submit groundwater/soils monitoring data, as collected and analyzed by a
soils scientist, to the Public Works Depariment 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 IOO-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 certity that
the street centerline elevations are set a minimum of 3- feet above the highest
established normal groundwater elevation.
19. The Applicant shall coordinate mailbox locations with the Meridian Post Office.
20. 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.
21. Staffs failure to cite specific ordinance provisions or terms of the approved
a1l1lexationlconditional use does not relieve the Applicant of responsibility for
compliance.
22. Preliminary plat approval shall be subject to the expiration provisions set forth in
MCC 12-2-4.
SITE SPECIFIC CONDITIONS- CONDITIONAL USE PERMIT
1, All conditions of the current Preliminary Plat (PP-05-022) application shall also
be considered conditions of the Conditional Use Permit (CUP-05-030).
2. The applicant shall be required to install wheel blocks to prevent vehicles from
overhanging the sidewalk more than one foot, .QI increase the sidewalk width to
seven feet (7') and reduce the parking space length to nineteen feet (19').
3. Approved reductions to dimensional standards: Lots 4 and 5 are approved with 0
feet (0') of frontage on a public road.
4. Required amenities: The seating plaza located at the west end ofthe parking lot
and the landscaped open space as depicted on the landscape plan, dated 4/15/05
by JGT Architecture, are approved as the two (2) required amenities for the
Planned Development. These amenities shall be constructed per the submitted
plans (with any changes required by the Commission or Council).
5. The construction ofthe proposed office buildings shall substantially comply with
the elevations (dated 4/15/05) on file with the City. Construction materials used
on the structures shall be approved by City of Meridian Building Department and
be in accordance with the most recent Uniform Building Code. If any significant
modification(s) to the approved architectural design features and/or materials, as
detennined by the Planning Director, are requested for building(s) in the future,
the propeliy owner shall be required to submit a CUP modification.
6, No signs are approved with this CUP. All signage shall be in accordance with the
standards set f01ih in Section 11-14 of the City Zoning and Development
Ordinance, All signage is subject to design review and shall require separate
permits. Temporary or portable signs shall be prohibited, and will be removed
upon three (3) days notice to the applicant.
7. The building alld site improvements shall be constmcted per the approved plans
with all modifications required by this application.
STANDARD CONDITIONS- CONDITIONAL USE PERMIT
1. Down-shield or otherwise alter all exte1ior lighting, whether attached to the
building or located within the parking area, so that the light does not spill over
onto adjacent propeliies or rights-of-way. All parking lot lighting shall be in
accordance with Ordinance 11-14-4.C.
2. All building and site improvement constmction shall conform to the requirements
of the Americans with Disabilities Act.
3. Submit a drainage plan designed by a State ofldaho licensed architect or engineer
to the City Engineer (Ord.557, 10-1-91) for all off-street parking areas.
Stonnwater treatment and disposal must be designed in accordance with
Department of Environmental Quality 1997 publication Catalog of Storm Water
Best Management Practices for Idaho Cities and Counties and City of Meridian
standards and policies. Off-site disposal into a surface water is prohibited unless
the jurisdiction which has authority over the receiving stream provides written
authorization prior to development plan approval. The appliCallt is responsible for
filing all necessary applications with the Idaho Depmiment of Water Resources
regarding Shallow Injection Wells.
4. No building or other stmcture shall be erected, moved, added to or stmcturally
altered, nor shall any building structure or land be established or change in use on
this site without first obtaining a Certificate of Zoning Compliance (CZC) from
the Meridian Planning and Zoning Department (MCC 11-19-1).
5. A building permit shall be obtained prior to the start of constmction,
6. All required improvements must be complete prior to obtaining a Celiificate 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.
7, This Conditional Use Pennit shall be valid for a maximum peliod of 18 months, If
construction on the first phase/building has not begun within this timefi-ame, a
new Conditional Use Pennit must be obtained prior to the start of development.
8, As part of a Conditional Use Pennit, the City of Meridian may impose additional
restri cti ons/ conditi ons.
Other AlZencv/DeDartment Comments & Conditions
SANITARY SERVICES COMPANY (SSC)
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 POLICE DEPARTMENT
1. The south fac;:ade shall be modified to include windows that look onto the parking
areas and/or other public areas.
2. The proposed office development shall limit landscaping shrubs and bushes to
species that do not exceed three feet in height.
MERIDIAN PARKS DEPARTMENT
1. Standard for Mitigation of trees: The standard established in the City of Meridian
Landscape Ordinance (MCC 12-13-13-6) will be followed.
2. Standard Plan for Protection of Existing Trees during Construction: The standard
established in the City of Meridian Landscape Ordinance (MCC 12-13-13) will be
followed.
MERIDIAN FIRE DEPARTMENT
1. Acceptance of the water supply for fire protection will be by the Meridian Fire
Department ffi1d 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 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 D103.6 Signs.
5. For all Fire Lanes, paint the curb red and provide signage "No Parking Fire
Lane".
6, Operational fire hydrants, temporary or pennanent sh'eet signs and access roads with
an all weather surface are required before combustible construction is brought on
site,
7. Commercial and office occupancies will require a fire-flow consistent with the
International Fire Code to service the proposed project. Fire hydrants shall be
placed per Appendix D.
8. The 4 office/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. Maintain a separation of 5' from the building to the dumpster enclosure.
10. Provide a Knoxbox entry system for the complex prior to occupancy.
] 1. The applicant shall work with Planning Department staff to provide an address
identification plan including a pylon/monument sign at the required intersection(s).
12. All aspects of the building systems (including exiting systems), processes & storage
practices shall be required to comply with the International Fire Code.
13. Provide exterior egress lighting as required by the International Building & Fire
Codes,
14. Where a portion of the facility or building hereafter conshucted or moved into or
within the jUlisdiction 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 alld 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 sp1inkler
system installed in accordance with Section 903.3 .1.1 or 903.3 .1.2, the
distance requirement shall be 600 feet (183 111).
15. There shall be a fire hydrant within 100' of all fire department connections.
16. Buildings over 30' in height are required to have access roads in accordance with
Appendix D Section D 1 05.
EXHIBIT D
Woodpenn Subdivision
PP-05-022, CUP-05-030
Required Findings
PRELIMINARY PLAT ANALYSIS
Sections 12-3-3J.2 and 12-3-5.D of Meridian City Code 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;
This site is cUlTently designated as "Commercial" on the Comprehensive Plan
Future Land Use Map and is zoned L-O (Limited Office). In Chapter VII of the
Comprehensive Plan, "Commercial" areas are anticipated to provide a full range
of commercial and retail to serve area residents and visitors. Uses may include
retail, wholesale, service and office uses, multi-family residential, as well as
appropriate public uses such as govenunent offices,
City Council finds the following Goals, Objectives, and Action items contained in
the 2002 Comprehensive Plan to be applicable to this application (staff analysis is
in italics below policy):
· "Require all commercial businesses to install and maintain landscaping,"
(Chapter V, Goal III, Objective D, Action item 5)
The applicant has proposed extensive landscaping for the site, including a larger
than required land use buffer separating this development from the adjoining
residential neighborhood to the west.
· "Permit new. . .commercial development only where urban services can be
reasonably provided at the time of final approval and development is
contiguous to the City." (Chapter IV, Goal I, Objective A, Action item 6)
This is an infill development site and is readily serviceable by City of Meridian's
sanitary sewer and water systems, Meridian Fire and Police have commented that
they can serve the property.
· "Identify transitional zones to buffer commercial and residential uses, to allow
uses such as offices and other low intensity uses. (Chapter VII, Goal I,
Objective B, Action item 5)
The subject property is zoned L-O (Limited Office) and provides a low impact
transition from the C-G zoned properties to the east to the residential properties
to the west.
City Council finds that if the Commission and Council grant the Applicant the
requested modifications with the CUP/PD, and the Applicant complies with the
conditions included in this report, the lot configuration and overall design of the
subdivision would be in general confonnance with the City of Meridian
Comprehensive Plan,
B. The availability of public services to accommodate the proposed
development;
The subject site has adequate access to SW 5th Avenue via the one proposed
access point. The City of Meridian Fire and Police Departments currently
monitor, service, and protect the subject neighborhood, Sanitary Services
Company cunently provides refuse service to surrounding properties. City sewer
and water services are cUlTently available to this site via existing mains in SW 5th
A venue and the common lot abutting the south property line. The applicant will
be responsible to construct sewer mains to and through this proposed
development. The applicant shall coordinate main sizing and routing, for any
mains required to provide service, with the Public Works Department. Applicant
shall execute City of Meridian standard forms of easements, for any mains that
are required to provide service.
On May 27, 2005, a joint agency/department comments meeting was held with
representatives of key service providers to this property. All of the detailed
conditions from the Meridian Police Department, Meridian Fire Department, and
other agencies/departments are at the end of this report,
City Council finds that the subject property can be served adequately by all
essential public facilities and City services.
C. The continuity of the proposed development with the capital improvement
program;
Because the developer is installing sewer, water, utilities and ilTigation, for the
development at their cost, City Council finds that the subdivision will not conflict
with the capital improvement program.
D. The public fmancial capability of supporting services for the proposed
development;
City Council finds that the City and its related services are capable of servicing
the proposed development. The development will not require major expenditures
for providing supporting services.
E. The other health, safety or environmental problems that may be brought to
the Commission's attention.
City Council is not aware of any natural, scenic or histOlic features in the general
vicinity of this project. City Council finds that no site improvements associated
with the application should damage natural, scenic or historic features in the area,
STANDARDS FOR CONDITIONAL USES
The Commission and Council shall review the particular facts and circumstances of
each proposed conditional use in terms of the following and may approve a
conditional use permit if they 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 submitted site plan depicts 86 on-site parking stalls. MCC J J -13-5.B.2
requires office uses to provide one on-site parking space for every 400 square-feet
of building (gross). Per this requirement, the applicant would be required to
provide 53 parking stalls (21,OOOs.f building/400 = 53 stalls) on the property.
MCC J 1-13-3.A requires off-street parking facilities to be designed with
appropriate means of vehicular access to a street or alley, in a manner which will
least interfere with traffic movement. MCC 11-13-4.D requires all off-street
parking areas to be paved. MCC 11-13-3 requires parking spaces to be within
300-feet of the use served. MCC 11-13-4.F requires 90-degree parking stalls to be
9-feet wide and 19-feet long with a 25-foot wide drive aisle. The applicant has
depicted 20-foot long parking stalls with 6-foot sidewalks. The applicant should
be required to install wheel blocks to prevent vehicles from overhanging the
sidewalk more than one foot, or increase the sidewalk width to seven feet (7') and
reduce the parking space length to nineteen feet (19'). Staff finds that the
applicant has shown enough parking to accommodate the proposed office uses
and that the parking as shown on the site plan complies with MCC,
The developer of Troutner Business Park Subdivision installed the required
sidewalk adjacent to SW 5th A venue and the landscaping currently existing along
the western boundary of this site. The applicant is required to provide additional
landscaping within the parking areas and a 10-foot landscaped street buffer along
SW 5th Avenue, The applicant should be required to place the proposed street
buffer within an easement in favor of the Business Owner's Association. (See
Preliminary Plat Site Specific Condition #1). Meridian City Code requires a 20
foot (20') land use buffer between the proposed office uses and the existing
residential uses to the west. The applicant has shown on the plans a land use
buffer that is approximately 40 feet wide, which far exceeds the requirements of
the ordinance.
City Council finds that tlle site is large enough to accommodate the proposed uses
and all yards (setbacks), open spaces, parking, landscaping and other features
required by ordinance.
B. That the proposed use and development plan will be harmonious with the
Meridian Comprehensive Plan and in accordance with the requirements of
this Ordinance;
This site is designated as "Commercial" on the Comprehensive Plan Future Land
Use Map and zoned L-O, City Council finds that if the applicant complies with
the conditions included in this report, the building configurations and overall
design of the development would be in general conformance with the City of
Meridian Comprehensive Plan and will be in general conformance with the
requirements of the Zoning Ordinance. FUliher, City Council finds that the
development plan is consistent with the recorded zoning resolution, development
agreement, and previous development approvals granted by the City for this site.
See furt11er discussion under Preliminary Plat Analysis Item "A" above,
C. That the design, construction, operation, and maintenance will be compatible
with other uses in the general neighborhood and with the existing or
intended character of the general vicinity and that such use will not adversely
change the essential character of the same area;
City Council finds that the proposed office buildings should be compatible with
other uses in the neighborhood and with the intended character of the general
vicinity, which includes a mix of residential, commercial, and office uses.
Meridian City Code requires a 20 foot (20') land use buffer between the proposed
office uses and the existing residential uses to the west. The applicant has shown
on the plans a land use buffer that is approximately 40 feet wide, which far
exceeds the requirements of the ordinance.
D. That the proposed use, if it complies with all conditions of the approval
imposed, will not adversely affect other property in the vicinity;
City Council does not anticipate that the proposed use will have an adverse affect
on other property in the vicinity if designed, constructed, operated and maintained
in accordance with the Site Specific and General Conditions of approval.
E. That the proposed use will be served adequately by essential public facilities
and services such as highways, street, police, and fire protection, drainage
structures, refuse disposal, water, sewer or that the person responsible for
the establishment of proposed conditional use shall be able to provide
adequately any such services;
City Council finds that the subject property can be served adequately by all
essential public facilities and City services. See further discussion under
Preliminary Plat Analysis Item "E" above.
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 developer will be required to finance the extension of sewer,
water, utilities and pressurized irrigation to serve the project. The primary public
costs to serve the site will be fire alld police services, City Council finds there will
not be excessive additional requirements at public cost and that the proposed use
will not be detrimental to the community's economic welfare.
G. That the proposed use will not involve activities or processes, materials,
equipment, and conditions of operation that will be detrimental to any
persons, property, or general welfare by reason of excessive production of
traffic, noise, smoke, fumes, glare or odors;
City Council does not anticipate that the proposed uses, will be detrimental to the
general welfare of the community by means of producing excessive traffic, noise,
smoke, fumes, glare or odors generated by the proposed uses.
H. That the proposed use will have vehicular approaches to the property which
shall be so designed as not to create an interference with traffic on
surrounding public streets;
The applicant is not proposing to construct any new vehicular approaches int%ut
of the propeliy. ACHD considers vehicular approaches in their analysis of
projects and has previously approved the access points for this parcel. City
Council finds that the proposed use and associated approaches will not create
interference with any traffic on the surrounding public streets. Please refer to the
ACHD repoli for further detail on traffic issues.
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 not aware of any natural, scenic or historic features in the general
vicinity of this project. Staff finds that no site improvements associated with the
application should damage natural, scenic or historic features in the area.
October 7, 2005
MERIDIAN CITY COUNCIL MEETING
APPLICANT
October 11, 2005
ITEM NO.
5-J
REQUEST Payment Application No.5 for Meridian Senior Center Remodel to KMO, Inc.
AGENCY COMMENTS
CITY CLERK: See affached
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
~~
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Materials presented at public meetings shalf become property of the City of Meridian.
LETTER OF TRANSMITTAL
DATE: 26 August 2005
ATTN: VVILLBERG
company:
address:
CITY OF MERIDIAN
33 E. Idaho Ave.
Meridian, ill 83642
208,888.4218
208.888.4433
City of Meridi.an
City Clerk Office
fax
phone
JOB NAME:
JOB NO.:
Meridian Senior Center Remodel
04167
RE: PAY APPLICATION NO. 5
WE ARE SENDING YOU:
VIA; hand delive1Y
JOHNSON
ARCHITECTS
a professional corporation
440 c, corpomle drive, Sle, 102
meridi.n,id.ho 83642
~~
~ ----..
~~
~~
#OF TYPE OF DATE DATE DESCRIPTION
COPIES CORRESPONDENCE REVISED
3 Pay Application No.5
THESE ARE TRANSMITTED:
[gJ For approval
OFor your use
OAs requested
o For review and comment
REMARKS:
TRANSMIITED BY:
o Resubmit copies for approval
o Submit copies for distribution
o Return corrected prints
0_
phone 208,846,9033
fax 208.846,9475
COPY TO: File,
p:\projects\04167-meridian senior center upgrndes\transmittals\comwb _01 O,doc
JOHNSON
ARCHITECTS
a professional corporation
August 26, 2005
City of Meridian
33 E. Idaho Ave,
Meridian, ill 83642
Attn: Will Berg
Re: Meridian Senior Citizens Center
Payment Application and Certification No.5
Will,
Attached are three copies of KMO's Payment Application No.5, Please forward one copy to KMO after
review and approval,
We have reviewed this Payment Application and the current progress of the work. To the best of our
lmow1edge we agree that this Payment Application reasonably represents the construction progress, We
recommend payment in the amount of$4,849.38.
Please call if you have any question~,
Enclosures:
(3) copies of Certificate for Payment
p:\projects\04167-meridian senior center upgrndes\ca\pay apps\pay app OS.doc
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October 7, 2005
MERIDIAN CITY COUNCIL MEETING
APPLICANT
October 11, 2005
ITEM NO.
5-K
REQUEST Approve Federal Equitable Sharing Agreement with U.S. Department of Justice
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:
~,;V
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Materials presented at public meetings shall become property of the City of Meridian.
U.S. Department of Justice
Criminal Division
Washing/on, D.C. 20530
SEP 2 0 2005
MEMORANDUM
TO:
State and Local Law Enforcement Agencies
Nancy 1. Rider, Deputy Chil;/'~
Asset Forfeiture and Money
Laundering Section
FROM:
SUBJECT:
Submission of Federal Equitable Sharing Agreement Valid Through
September 30, 2008
On October 1,2005, the Department of Justice will be unable to distribute equitable
sharing funds, proceeds, or property to your agency. State and local law enforcement agencies
that participate in the equitable sharing program must triennially submit a Federal Equitable
Sharing Agreement and annually submit a Federal Annual Certification Report. The Asset
Forfeiture and Money Laundering Section (AFMLS) has not received your agency's
Federal Equitable Sharing Agreement valid through September 30, 2008. To allow for
your continued participation in the equitable sharing program, the enclosed agreement
should be submitted as soon as possible.
The Federal Equitable Sharing Agreement must be signed by the head of your law
enforcement agency and the head of your governing body, AFMLS receives numerous inquiIies
regarding who is authorized to sign as the governing body head, For equitable sharing purposes,
a governing body is the person or entity that has legislative authority to approve your agency's
annual budget. Examples of governing body heads include city manager, mayor, city council
chairperson, county executive, county council chairperson, director, secretary, administrator,
commissioner, and governor. Law enforcement officials should not sign as the governing body
head.
If you need additional copies of the Federal Equitable Sharing Agreement, the form may
be downloaded from the Department of Justice website at www.usdoi.gov/criminallafmls.htmL
The completed agreement may be faxed to the AFMLS at (202) 616-1344.
Questions regarding reporting requirements and procedures may be directed to Junior
Financial Analyst Lisa Trueblood at (202) 616-0702,
Enclosure
Federal Equitable Sharing Agreement
VALID THRU SEPTEMBER 3D, 2008
Law Enforcement Agency: MERIDIAN POLICE DEPARTMENT
<0 Policc Department 0 Sheri ff's OfficelDepartmcnt
Contact Person: Capt. John A. Ovelton
Mailing Address: 1401 E, Wateltower St.
(Street)
Telephone Number: (~) 846-7300
Agency Fiscal Year Ends on: September 30th
(MonthlDay)
o Check if New Participant
o Task Forcc (altach Ii" of members) 0 Prosecutor's Office 0 Other
E~mail Address: overtonj@meridiancity.org
Meridian
(City)
ID
(State)
83642
(Zip Code)
Fax Number: (~) 846-7372
NCIC/ORl/Tracking No.: IDOO10300
This Federal Equitable Sharing Agreement entered into among (I) the Federal Government, (2) the above-stated law enforcement agency,
and (3) the governing body sels forth the requirements for participation in the federal equitable sharing program and the restrictions upon
the use of federally forfeited cash, property, proceeds, and any interest earned thereon, which are equitably shared with participating law
enforcement agencies. By their signatures, the parties agree that they will be bound by the statutes and guidelines that regulate shared assets
and the following requirements for participation in the federal equitable sharing program.
1. Submission. The Federal Equitable Sharing Agreement and the Federal Annual Certification Report must be submitted to both
the Department of Justice and the Department of the Treasury with a copy provided to the U,S. Attorney in the district in which
the recipient law enforcement agency is located, in accordance with the instructions received from the respective departments or
as oullined in their equitable sharing guidelines,
Asset Forfeiture and Money Laundering Section
U ,S, Department of Justice
I Dth and Constitution Avenue, NW
Bond Building, 1 Olh Floor
Washington, DC 20530
Fax: (202) 616-1344
E-mail address: afmls.acata1usdoi.gov
Executive Office for Asset Forfeiture
U.S. Department of the Treasury
740 ] 5th Street, NW
Suite 700
Washington, DC 20220
Fax: (202) 622-9610
E-mail address: trcas.aca(lDtcoaf.treas."ov
2. Signatories, This agreement must be signed by the head of the law enforcement agency and the head of the governing body.
Examples oflaw enforcement agency heads include police chief, sheriff, director, commissioner, superintendent, administrator,
chairperson, secretary, city attorney, county attorney, district attorney, prosecuting attorney, state attorney, commonwealth
attorney, and attorney general. Examples of governing body heads include city manager, mayor, city council chairperson, county
executive, county council chairperson, director, secretary, administrator, commissioner, and governor. Receipt of the signed
agreement is a prerequisite to receiving any equitably shared cash, property, or p,'oceeds.
3. Uses. Any shared asset shall be used for law enforcement purposes in accordance with the statutes and guidelines that govern
equitable sharing and as specified in the equitable sharing request (either a DAG-71 or a TDF 92-22.46) submitted by the
requesting agency.
4. Transfers. Before the undersigned law enforcement agency transfers cash, property, or proceeds to other state or local law
enforcement agencies, it must verify first that the receiving agency 11as a current and valid Federal Equitable Sharing Agreement
on file with both the Department of Justice and the Department of the Treasury, If there is no agreement on file, the undersigned
law enforcement agency must obtain one from the receiving agency and forward it to the Department of Justice and the
Department of the Treasury as in item I, A list of recipients and the amount transferred must be attached to the Federal Annual
Certification Report.
_:.1iTiI.......J.__
5. Intern al Controls. The parties agree to account separately for federal equitable sharing funds received from the Department
of Justice and the Department of the Treasury. Funds from state and local forfeitures and other sources must not be commingled
with federal equitable sharing funds, The recipient agency shall establish a separate revenue account or accounting code for state,
local, Department of Justice, and Department of the Treasury forfeiture funds. Interest income gcnerated must be accounted for
in the appropriate federal forfeiture fund account.
The parties agree that such accounting will be subject to the standard accounting requirements and practices employed for other
public monies as supplemented by requirements set forth in the current edition ofthe Department ofJustice's A Guide to Equitable
Sharing of Federally FOIfeited Property for State and Local Law Enforcement Agencies (Justice Guide), and the Department of
the Treasury's Guide to Equitable Sharing for Foreign Countries and Federal, Stale, and Local Law Enforcement Agencies
(TreaslIIY GUide). The accounting of shared funds must be reported on the Annual Certification Report.
The misuse or misapplication of shared resources or the supplantation of existing resources with shared assets is prohibited,
Failure to comply with any provision of this agreement shall subject the recipient agency to the sanctions stipulated in the current
edition of the Justice or Treasury Guides, depending on the source of the funds or property,
6. Federal Ann ual Certification Report. The recipient agency shall submit an Annual Certification Report to the Department
of Justice and the Department of the Treasury (at the addresses shown in item I) and a copy to the D,S, Attorney in the district
in which the recipient agency is located. The certification must be submitted in accordance with the instructions received from
the respective departments or as outlined in the Justice or Treasury Guides, Receipt of the certification report is a prerequisite
to receiving any equitably shared cash, property, or proceeds.
7. Audit Report. Audits will be conducted as provided by the Single Audit Act Amendments of 1996 and OMB Circular
A-133. The Department of Justice and the Department of the Treasury reserve the right to conduct periodic random audits.
8a, During the past 3 years, has your agency been found in violation of, or entered into a settlement agreement
pursuant to, any nondiscrimination law in federal or state court, or before an administrative agency?
OYes
o No
(If you answered yes, attach relevant information. See instructions.)
8b. Are there pending in a federal or state court, or before any federal or state administrative agency, proceedings
against your agency alleging discrimination?
OYes
rtJ No
(If you answered yes, attach relevant information, See instructions.)
The undersigned certify that the recipient agency is in compliance with the nondiscrimination requirements ofthe following
laws and their Department of Justice implementing regulations: Title VI of the Civil Rights Act of 1964
(42 D.S.C. {) 2000d et seq.), Title IX of the Education Amendments of 1972 (20 D .S.C. {) 1681 el seq.), Section 504 ofthe
Rehabililation Act of 1973 (29 D,S.C. {) 794), and the Age Discrimination Act of 1975 (42 V.S.C. 9 6101 et seq.), which
prohibit discrimination on the basis ofrace, color, national origin, disability, or age in any federally assisted program or
activity, or on the basis of sex in any federally assisted education program or activity,
Under penalty of perjury, the undersigned officials certify that the recipient state or local law enforcement agency is in
compliance with the provisions of the Justice and/or Treasury Guides and the National Code of Professional Conduct for
Asset Forfeiturc.
Date 1t:l-I/-tJ5
Signature:
Federal Equitable Sharing Agreement Instructions
Law Enforcement Agency: Enter the complete name of your state or local law enforcement agency _ e.g., Any town
Police Department. This must be consistent with the DAG-71. Check the appropriate box to indicate type of agency.
Acronyms should be spelled out. If a task force, provide a list of member agencies, addresses, and lead agency, if designated.
New Participant: Check this box if your agency has never received any cash, proceeds, or property from the equitable
sharing program.
Contact Person: Enter the name of the person who can provide additional information on the sharing agreement form.
E-mail Address: Enter the e-mail address of the contact person or the e~mail address of the agency.
Mailing Address: Enter your agency's complete mailing address (number, street, city, state, and zip code).
Telephone Number: Enter the phone number of the contact person, including area code and extension.
Fax Number: Enter your agency's fax number including area code.
Agency Fiscal Year Ends on: Enter the ending date (month/day) of your agency's fiscal year ~ e.g., 6/30.
NCICIORI/Tracking No.: Enter your valid FBI-issued National Crime Information Center (NCIC)/ORI code _ e.g"
CAOOOOOOO ~ or tracking number assigned by the Asset Forfeiture and Money Laundering Section.
Civil Rights Provision: Police departments, sheriffs' departments, prosecutors' offices, and other law enforcement
agencies that receive federal financial assistance from the Depaltment of Justice (DOJ) are subject to the provisions of: (I)
Title VI of the Civil Rights Act of 1964, which prohibits discrimination on the basis of race, color, or national origin; (2) Title
IX of the Education Amendments of 1972, which prohibits discrimination on the basis of sex in training and educational
programs; (3) Section 504 ofthe Rehabilitation Act of 1973, which prohibits discrimination on the basis of disability; and (4)
the Age Discrimination Act of 1975, which prohibits discrimination on the basis ofage. Federal financial assistance includes
funds, training and technical assistance, logistical support, and property transfers from DO! including equitable sharing.
Agencies receiving assistance are required to permit DOJ investigators access to records and any other sources of infonnation
as may be necessary to determine compliance with civil rights laws. If the "yes" box is checked in 8a and/or 8b, provide
the following information: the name of the case; a summary of the complaint; and the status of the case _ e.g., Jones
v. Any town Police Department; sex discrimination; settled. Please do not send a copy of the complaint.
Law Enforcement Agency Head: The head of your law enforcement agency must sign and date the form. Name and
title of the signatory must be printed or typed, Examples of law enforcement agency heads include police chief, sheriff,
director, commissioner, superintendent, administrator, chairperson, secretary, city attorney, county attorney, district attorney,
prosecuting attorney, state attorney, commonwealth attorney, and attorney general. For task forces, the law enforcement
agency head is the person who oversees task force operations and may be the chieflaw enforcement officer of the lead agency
- e,g., police chief or sheriff - or a commander, lieutenant, or captain who oversees task force operations. By signing the
agreement, the signatory certifies that the receiving state or local law enforcement agency is in compliance with the Justice
and Treasury Guides, and agrees to be bound by the statutes and guidelines which regulate the equitable sharing program.
Governing Body Head: The head of your governing body must sign and date the form. Name and title of the signatory
must be printed or typed, For purposes of this form, a governing body is the person or entity that has appropriations authority
over your agency. That is, the governing body has legislative authority to approve your agency's annual budget. Examples
of governing body heads include city manager, mayor, city council chairperson, county executive, county council chairperson,
director, secretary, administrator, commissioner, and governor. In general, a law enforcement official should not sign as
the governing body head. An exception will be granted for law enforcement officials that have appropriations authority over
a task force, For task forces with a governing board, the board chairperson should sign as the governing body head. Task
forces whose budgets are approved in the same manner as a city, county, or state law enforcement agency should obtain the
signature of tbe appropriate official ~ e.g" city manager, mayor, etc. By signing the agreement, the signatory celtifies that
the receiving state or local law enforcement agency is in compliance with the Justice and Treasury Guides, and agrees to be
bound by the statutes and guidelines which regulate the equitable sharing program. ....~1iIi1....UIlr.__
October 7,2005
MERIDIAN CITY COUNCIL MEETING
APPLICANT
October 11 , 2005
ITEM NO.
5-l
REQUEST Approve Sidewalk Easement for Ada County Highway District for Well No. 26 Pumping
Facilities Project
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:
I DAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
COMMENTS
See attached
~~if'/
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Materials presented at public meetings shall become property of the City of Meridian.
City of Meridian
Public Works Dept.
Memo
City of Meridian
City Clerk Office
To: Tammy de Weerd, Mayor
From: Jon Mills, Staff Engineer
CC: Len Grady, City Engineer
Date: 08/10/2005
Re: ACHD Sidewalk Easment Documents for WELL NO. 26 PUMPING FACILITIES
PROJECT
The Public Works Department respectfully requests the enclosed Sidewalk Easement be
signed and fully executed by the mayor as well as notarized. Thank you for your
consideration. Please contact me if you have any questions regarding any of these items.
D~ ----
. \rl \ <t /05
CP~ \lY
lr' "-~U0 c&
~
. Page 1
Civil Survey Consulta. .:s, Inc.
CONSULTING ENGINEERS AND LAND SURVEYORS
100 South Adkins Way ~ Suite 101
Meridian, ldaho 83642
(208) 888-4312 " Fax 888-0323
LE TTER(')P TRANSMITTAL
DATE 91l4/05
ATTliNTION Len Grady
RE Meridian - Well No, 26
TO
City of Meridian
660 R Wateliower, Suite 200
Meridian, Idaho 83642
WE ARE SENDING YOU f2:J Attached 0 Under separate cover via
D Shop Drawings 0 Prints 0 Plans 0 Samples
o Copy of Letter D Change Order 0
the following items:
o Specifications
COPIES DATE NO. DESCRIPTION
I Original copy of sidewalk easement with ACHD
THESE ARE TRANSMITTED as checked below:
f2:J For Approval 0 Approved as Submitted
o For your Use 0 Approved as Noted
o As requested 0 Ret~lrned for Corrections
o For review and comment D
o FOR BID USE
o Resubmit _ copies for Approval
o Submit _ copies for Distribution
o Return _ corrected prints
20_ 0 PRINTS RETURNED AFTER LOAN TO US
lliMARI(S
~en, I finally got this easement form and it is ready for the Mayor's signature. Please return it to me when signed and I will make sure
he correct perSall at ACHD gets it.
;OPY TO
~
SIGNED: ~ ...
If enclosures arc oot a5 noted, kindly notify us at once ~
TO:
FROM:
SUBJECT:
Tim Burgess
Nan Hills
e(J~ul;to ~ee-
Sidewalk Easement for City of Meridian
Right-ai-Way & Development Department
Planning Review Division
September 13, 2005
Tim,
Please have this document signed and notarized and return it to ACHD.
Thanks
~
MSPR-05-06 Well No. 26
T 4N, R 1 E Section 30
(Reserved for Ada County Recorder)
PUBLIC RIGHT-OF-WAY EASEMENT
(SIDEWALK)
THIS RIGHT-OF-WAY EASEMENT (SIDEWALK) (the "Easement"), is made and
entered into this _ day of , 2005, by and between CITY OF
MERIDIAN, a political entity, hereinafter referred to as "GRANTOR," and ADA
COUNTY HIGHWAY DISTRICT, a body politic and corporate of the State of Idaho,
hereinafter referred to as lIACHD";
WITNESSETH:
FOR GOOD AND SUFFICIENT CONSIDERATION IT IS AGREED:
SECTION 1. Recitals
1.1 GRANTOR owns the real property located in Ada County, Idaho more
particularly described on Exhibit "A" attached hereto and by this reference incorporated
herein (hereinafter "Servient Estate") and is in the process of developing the property
adjoining the Servient Estate, and on the terms and conditions hereinafter set forth,
GRANTOR desires to grant this easement on, over and across the Servient Estate to
ACHD for the public uses and purposes hereinafter described, reserving the right,
however, to construct a concrete sidewalk (hereinafter the "Improvement") thereon.
1.2 On the terms and conditions hereinafter set forth ACHD desires to extend
its system of public sidewalks to include that to be constructed by GRANTOR on the
Servient Estate, and upon GRANTOR's completion of construction of the Improvement
on, over and across the Servient Estate, and when ACHD has accepted the same,
ACHD desires that the Improvement and the Servient Estate become a part of its
system of Highways (hereinafter "Highways") as that term is defined in Idaho Code,
section 40-109(5), for ACHD and the public use hereinafter described. ACHD's system
of Highways is hereinafter referred to as the "Dominant Estate".
1.3 As provided in Idaho Code, section 40-1412, ACHD Ordinance Number
190 and the ACHD Policy Manual, the adjacent property owner has the responsibility to
pay for the repair and maintenance of the Improvement.
Sidewalk Easement, page 1
(11-19-01)
S:\ACHDRW\Deeds-Easements\S idewalk Easement-MSP R-05-06.doc
SECTION 2. Grant and Authorized Use,
GRANTOR hereby grants to ACHD a perpetual and exclusive easement for a
public right-of-way on, over and across the Servient Estate for the Improvement, for
use by those members of the public who are pedestrians (as defined in Idaho Code,
section 49-117) and by bicyclists (if the Servient Estate is located in an area where
bicycles are allowed to be ridden on sidewalks), and the statutory rights, if any, of
utilities to use the public right-of-way, and for ACHD, its employees, agents and
contractors access to inspect, repair and maintain the Improvement.
SECTION 3. Reservation of Access for Construction bv GRANTOR; Covenant to
Construct' Repair and Maintenance.
3.1 GRANTOR reserves access to and from the Servient Estate for
GRANTOR and GRANTOR's employees, agents and contractors to construct the
Improvements thereon,
3.2 GRANTOR covenants and agrees to construct the Improvements on the
Servient Estate in accordance with designs approved in advance by ACHD, in writing,
ACHD policies and good engineering practices, at no cost or expense to ACHD.
SECTION 4. GRANTOR's Indemnification. GRANTOR shall indemnify and save and
hold harmless ACHD, its Commissioners and employees, from and against all claims,
actions or judgments for damages, injury or death caused by or arising out of the
construction of the Improvement, and including reimbursement for any costs of suit and
fees of its attorneys which are incurred should ACHD be required to defend any such
claims or actions.
SECTION 5. Term of Easement The term of the Easement herein granted to ACHD is
perpetual.
SECTION 6. Covenants Run with the Land
This Easement is a burden upon the Servient Estate and appurtenant to and for
the benefit of the Dominant Estate, and shall run with the land.
SECTION 7. Recordation
This Easement shall be recorded in the Official Real Property Records of Ada
County, Idaho.
TO HAVE AND TO HOLD this Easement unto the ACHD forever.
Sidewalk Easement, page 2
(11-19-01 )
S :\I\.CHDRW\Deeds-Easements\Sidewalk Easement-MSPR-OS-06.doc
GRANTOR covenants to ACHD that ACHD shall enjoy the quiet and peaceful
possession of the Servient Estate throughout the term hereof; and, (b) GRANTOR
warrants to the ACHD that GRANTOR is lawfully seized and possessed of the Servient
Estate and has the right and authority to grant this Easement to ACHD.
IN WITNESS WHEREOF, this Easement has been duly executed by and on
behalf of the GRANTOR the day, month and year herein first above written.
City of Meridian
Attest To
STATE OF IDAHO
ss.
County of Ada
On this Jf*L- day of fr4Dber , 2005, before me,
j ()...1A..., c..~ k SI<.-<.:=tk ,a Notary Public in and for the State of Idaho,
personally appeared Tammy De Weerd, known or identified to me to be the person who
executed this instrument, and acknowledged to me that she executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year first above written.
~~;.;:~.;...~..~
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$ I ~OTAl{J~ \ 1
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Sidewalk Easement, page 3
(11-19-01)
S :\ACH DRW\Deeds-Easemenls\S idewalk Easement-MSPR-05-06.doc
EASEMENT DESCRIPTION
FOR THE
CITY OF MERIDIAN, IDAHO
WELL 26 SIDEWALK EASEMENT
An easement for sidewalk purposes located in the NE ~ of the NE Y4 of Section 30,
Township 4 North, Range 1 East, Boise Meridian, and being a pari of Lot 8 of Block 1 of
WESTBOROUGH SUBDIVISION as shown on the plat on file in the office of the
Recorder, Ada County, Idaho, more particularly described as follows:
Commencing at a 5/8 inch dialneter iron marking the southeasterly corner of said NE ~
of the NE 14 from which a brass cap monument marking the northwesterly corner of said
NE ~ of the NE 'l4 bears N 0037' 16" E a distance of 1328.36 feet;
Thence N 89049'27" W along the southerly boundary of said NE ~ of the NE ~ a
distance of25,OO feet to a 5/8 inch diameter iron pin mmking the southeasterly corner of
said Lot 8 arld the POINT OF BEGINNING;
Thence continuing N 89049'27" Wand along the southerly boundary of said Lot 8 a
distance of 11.00 feet to a point;
Thence leaving said southerly boundaries N 0037' 16" E a clistarlce of 120.00 feet to a
point on the northerly boul1dar'y of said Lot 8;
Thence S 89049'27" E along said northerly boundary a distance of 11.00 feet to a 5/8
Inch diameter iron pin marking the northeasterly comer of said Lot 8;
Thence S 0037'16" W along the easterly boundary of said Lot 8 a distance of 120.00 feet
to the POINT OF BEGINNING,
This parcel contains 1,320 squme feet (0,03 acres) and is subject to arlY other easements
existing or in use,
Prepared by: Glem1 1(, Be1mett, PLS
Civil Survey Consultants, Incorporated
June 29, 2005
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October 7,2005
MERIDIAN CITY COUNCIL MEETING
APPLICANT
October 11 , 2005
ITEM NO.
5-M
REQUEST NPDES Permit Assistance Contract with CH2MHILL
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
tyf((JF
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Materials presented at public meetings shall become property of the City of Meridian.
City of Meridian
Public Works Dept.
Memo
To: William Berg, Jr.; Tara Green
From: Clint DOlsby, P.E., Staff Engineer
CC: Len Grady, P,E., City Engineer
Date: 10/05/2005
Re: Proposed Agenda Item for October 11, 2005 City Council Meeting
The Public Works Department respectfully requests the following item be placed on the
October 11 City Council agenda, under Consent Agenda, for Council's consideration:
NPDES Permit Assistance. CH2M HILL has submitted a task order, scope of work, and
budget for the engineering services. They propose to complete the work for $29,220. This
is an extension of the miscellaneous wastewater services agreement approved by City
Council on the 18Ul of January, 2005 for the Engineering Services for Miscellaneous
Wastewater Projects.
This project provides engineering services for assistance with an NPDES Permit Application.
Recommended Council Action: The Public Works Department recommends
that City Council approves the contract for the NPDES Permit Assistance with
CH2M HILL for $29,220 and authorize the Mayor to sign it.
Thank you for your consideration. Please contact me if you have any questions regarding
any of these items.
. Page 1
ATTACHMENT I
Scope of Work for NPDES Permit Assistance
This scope of work is part of the AGREEMENT between CH2M HILL (ENGINEER) and the
City of Meridian, Idaho (CITY) generally described as NPDES Permit Assistance for the new
South Wastewater Treatment Plant.
Scope of Work
The scope of work is divided into the following tasks:
Task I-Plant Siting Study
Task 2 - Application Assistance for NPDES Permit for Discharge to Receiving Waters
Task 3 - Application Assistance for NPDES Permit to Land Apply jTransferjLandfill
Biosolids
Task 4- Project Management
Task 1-Plant Siting Study
The purpose of this task is to assist the CITY to select a site for the new South Wastewater
Treatment Plant. Site selection criteria will include receiving water quality.
Task 2-Application Assistance for NPDES Permit for Discharge to Receiving
Waters
The purpose of this task is to assist the CITY prepare an application for an NPDES permit to
discharge highly treated wastewater from the new South Wastewater Treatment Plant to
Mason Creek. The ENGINEER will prepare a traditional NPDES permit application
consisting of providing information to EP A as called for in EP A Form 3510-2A (Rev. 1-99).
This will be a new permit which requires assumptions by CH2M HILL regarding treatment
facilities and expected effluent water quality. CH2M HILL will assume treatment unit
processes similar to the existing Meridian Wastewater treatment plant after this current
expansion. A brief process review will be required to be able to predict effluent water
quality from this treatment plant. CH2M HILL will research existing water quality of Mason
Creek and compile all existing data. Generating new data through sampling is not part of
this scope of work. It is assumed that no significant industrial users will discharge to this
plant. The flowrate is assumed to be 4 mgd initially, expandable to 8 mgd, with no reuse of
wastewater.
The ENGINEER will submit a draft NPDES permit application for discharge for review and
comment by the CITY. The ENGINEER will meet with the CITY to discuss the draft
application in the CITY's office. The ENGINEER will modify the draft application based on
the CITY's and the ENGINEER's review. The ENGINEER will submit a final version of the
NPDES permit application for discharge for the CITY's use and signature.
C:IDOCUMENTS AND SETTJNGSIDOLSBYCILOCAL SETTlNGSITEMPORARY INTERNET FILES\OLK78IS0UTH PLANTNPDES APPLICATION
SCOPE,DOC
10/05/05
Task 3-Application Assistance for NPDES Permit to Land
Apply/Transfer/Landfill/Give away Biosolids
The purpose of this task is to assist the CITY prepare an application for an NPDES permit to
land apply/transfer/landfill biosolids generated from the new South Meridian Wastewater
Treatment Facility. The Engineer will prepare an application for an EP A permit for the
generation, treatment, distribution, and disposal or reuse of biosolids. The ENGINEER will
prepare EPA Form 3510-2S (Rev. 1-99).
Biosolids utilization permitting requires characterization of the biosolids, We will assume
the biosolids to be of similar characterization to the biosolids generated at the existing plant.
Site and crop information is also required for each site that biosolids are land applied. We
will assume the same properties used by the existing plant can be used for the new
treatment facility. The permit application will be filled out in similar form to the application
for the existing treatment facility in that several biosolids disposal options will be identified
so that flexibility in biosolids disposal will be maintamed.
The ENGINEER will submit a draft NPDES permit application for biosolids for review and
comment by the CITY. The ENGINEER will meet with the CITY to discuss the draft
application m the CITY'S office. The ENGINEER will modify the draft application based on
the CITY's and the ENGINEER's review. The ENGINEER will submit a final version of the
NPDES permit application for biosolids for the CITY's use and signature.
Task 4-Project Management
The purpose of this task is to provide for the initiation and overall management of project
activities. This task includes progress meetings with City staff, track progress and budget,
and review and prepare invoices.
Compensation
The compensation to the ENGINEER to complete the Scope of Work is presented in Table 1.
TABLE 1
Scope of Work for NPDES Permit Assistance for the City of Meridian
Task 1 Siting Study $775
Task 2-Application Assistance for NPDES Permit for $14,813
Discharge to Receiving Waters
Task 3-Applicalion Assistance for NPDES Permit to $12,241
Land ApplyfTransfer/LandfilJ Biosolids
Task 4 Project Management $1,391
TOTAL $29,220
C:IDOCUMENTS AND SETTlNGSIDOLSBYClLOCAL SETTfNGS\TEMPORARY INTERNET FILES\OLK78IS0UTH PLANTNPDES APPLICATION SCOPEDOC
f 0105105
Schedule
A draft permit application will be submitted to the City within 6 weeks of notice to proceed,
with a final submittal to the EP A within 8 weeks of notice to proceed.
C:\DOCUMENTS AND SETTlNGSIDOLSBYCILOCAL SETTINGSITEMPORARY INTERNET F1LES\OLK78IS0UTH PLANTNPDES APPLICATION SCOPE,DOC
CH2MHI LL STANDARD AGREEMENT FOR PROFESSIONAL SERVICES
CH2M HILL's Office Address;
Project Name: NPDES Permit Assistance
Client: City of Meridian Idaho
Address: 660 E. Watertower, Ste, 200
Meridian, ID 83642
CLIENT requests and authorizes CH2M HILL to perform the following seNices:
~
Reference Attached Scope of Work for NPOES Permit Assistance.
322 E Front Street, Suite 200, Boise, 1083702
CH2M HILL
~'IO/I""'I~ by CLlENTto CH2M HILL will be on the basis of:
Reference Attached Scope of Work for NPOES Permit Assistance,
..lllT"Till."'.....;_
Services covered by this AGREEMENT will be performed in accordance with the Provisions and any attachments or
schedules. This AGREEMENT supersedes all prior agreements and understandings and may only be changed by written
amendment executed by both parties.
CLIENT:
CH2M HILL, INC.:
Signature
Signature
Name (printed)
Title
Name (printed)
Tille
Date
Date
FOAM 124
REVISED: 7/97
1. Authoriz",lion 10 Proceed
Execution of this AGREEMENT by CLIENT will be authorization for
CH2M HILL to proceed with the seNices, unless otherwise provided
for in this AGREEMENT,
2. S::llary Costs
CH2M HILL's Salary Costs, when the basis of compensa1ion, are the
amount of wages or salaries paid CI12M lULL employees for work
directly performed on the Project plus a percentage applied to all
such wages or salaries to cover all payroll-related taxes, payments,
premiums, and benefits.
3. Pllr Dillm Ratlls
CH2M HILL's Per Diem Rates, when the basis of compensation, are
those hourly or daily rales charged for work performed on the Project
by CH2M HILL employees of the indicated classifications. These
rates are contained in the COMPENSATION section on paDe 1 and
are subject to annual calendar year adjustments.
4. Affiliated Campanili!>
Work performed under this AGREEMENT may be performed using
labor from affiliated companies of ENGINEER. Such labor will be
billed to OWNER under the same billing terms applicable to
ENGINEER's employees
5. Subcontracts and Direct Expenses
When SERVICES are performed on a cost reimbursement basis, a
markup of zero percent will be applied to subcontracts and outside
services 11l1d 0 morkup of zero percent will be opplied to Direcl
Expenses. For purposes of this AGREEMENT, Direct Expenses are
defined to include those necessary costs and charges incurred for the
Project including, but not limited to: (1) the direct costs of
transportation, meals, lodging, mail, shipping, equipment and
supplies; (2) CH2M HILL's current standard rate charges for direct
use of CH2M HILL's vehicles, laboratory test and analysis, printing
and reproductlon services, and certain field equipment; and (3) CH2M
HILL's standard project charges for computing systems, special
health and safety requirements of OSHA, Bnd telecommunications
services,
All sales, use, value added, business tram;fer, gross receipts, or
other similar taxes will be added to CH2M HILL's compensation when
invoicing CLIENT.
6. Cost Opinions
Any cost opinions or PrOject economic evaluatlons proVided by CH2M
HILL will be on a basis of experience and judgment. but, since CH2M
HILL has no control over market conditions or bidding procedures,
CH2M HILL cannot warrant that bids, ultimate construction cost, or
Project economics will not vary from these opinions.
7. Standard of Care
The Slandard of care applicable to CH2M HilL's services INiIl be the
degree of skill and diligence normally employed by professional
engineers or consultants performing the same or similar services at
the time CH2M HILL's services are performed. CH2M HILL will
reperform any services not meeting this slandilrd without additional
compensation.
8. TDrminatlon
This AGREEMENT may be terminated for convenience on 30 days'
written notice or if either party fails substantially to perform through no
fault of the other and does not commence correctio n of such
nonperformance within 5 days of \Millf.!n noticA ;lnd rliliDenlly
complete the correction thereafter, On termination, CH2M HILL vAil
be paid for all authorized work performed up to the termination date
plus termination expenses, such as, but not limited to, reassignment
of personnel, subcontract termination costs, and related closeout
costs.
9. Payment to CH2M HilL
Monthly invoices will be issued by CH2M HILL for all Services
performed under this AGREEMENT. CliENT shall pay each invoice
within 30 days, Interest at a rate of 1-112 percent per mOnth will be
charged on all past-due amounts.
In the event of a disputed billing, only that disputed portion will be
withheld from payment, and the undisputed portion will be paid,
FORtJl124
nEVISED: 7197
PROVISIONS
CLIENT will exercise reasonableness in disputing any blll or portion
thereof. No interest will accrue on any disputed portion of the billing
until mutually resolved,
10, limitation of liability
CH2M HILL'!:: liability for CLIENT's damage!:: will, in the aggregate,
not exceed the agreement amount. This Provision takes precedence
over any connicting Provision of this AGREEMENT or any document
incorporated into it or referenced by it.
This limitation of liability will apply whether CH2M HILL's liability
arises under breach of contract or wa rranty; tort, including
negligence; strictliabiHty; statutory liability; or any other cause of
action, and shall include CH2M HILL's officers, affiliated corporations,
employees, and subcontractors,
11. Severability a nd Survival
If any of the provi~ions c:ontainAd in this AGREEMENT ilre hp.lrl
megal, invalid or unenforceable, the other provisions shall remain in
full effect. Limitations of liability shall survive termination of this
AGREEMENT for any cause.
12. No Third Party Beneficiaries
This AGREEMENT gives no rights or benefits to anyone other than
CLIENT and CH2M HILL and has no third party beneficiaries except
as provided in paragraph 10.
13, Materials and Samples
Any ilems, substances. materials, or samples removed from the
Projoct site for to!::ting, lln::llysis, or othor ovoluaUon will bo relurnod to
the Project site unless agreed to othelWise. CLIENT recognizes and
agrees that CH2M HILL is acting as a bailee and at no time assumes
tiUe to said items, substances, malerials, or samples, CliENT
recogniz€s that CH2M HILL assumes no risk and/or liability for a
waste or hazardous waste site originated by other than CH2M HILL.
14. Assignments
Neither party shall have the power to or will assign any of the duties
or rights or any claim arising out of or related to this AGREEMENT,
whether arising in tort, contract or olh elWise, without the written
consent {)f the other party. Any unauthorized assignment is void and
unenforceable,
15. Integration
This AGREEMENT incorporates all previous communications and
negotialions and constiMes the entire agreement of the parties, If
CLIENT issues a Purchase Order in conjunction with performance of
the Services, general or standard terms and conditions on the
Purchase Order do not apply to this AGREEMENT,
16. Force Majeure
If performance of the Services is affected by causes beyond CH2M
HILL's reasonable control, project schedule and compensation shall
be equitably adjusted,
17. Dispute Resolution
The parties will use their besl efforts to resolve amicably any dispute,
including use of alternative dispute resolution options.
18. Changes
Client may make or approve Changes within the general Scope of
Services in this AGREEMENT. If such changes affect CH2M HILL's
cost of or time required for performance of the services, an equitable
adjustment will be made through an amendment to this
AGREEMENT
October 7, 2005
MERIDIAN CITY COUNCIL MEETING
APPLICANT
October 11 , 2005
ITEM NO.
5~N
REQUEST Award of Bid for Autumn Faire Subdivision City Well Lot Landscaping to Sunshine
Landscaping, Inc.
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:
SffiLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
COMMENTS
See attached
vP
afr
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Materials presented at public meetings shall become property of the City of Meridian.
City of Meridian
Public Works Dept.
Memo
To: Will Berg; Tara Green
From: Jon Mills, Staff Engineer
CC: File
Date: 10/05/2005
Re: Proposed Agenda Item for October 11, 2005 City Council Meeting
The Public Works Department respectfully requests the following item be placed on the
October 11 City Council agenda, under Consent Agenda, for Council's consideration:
Autumn Faire Subdivision Citv Well Lot Landscaoina. One bid was received for this project
as Shown below and detailed in the attached bid:
Sunshine Landscaping, Inc. - $4381.65
This project consists of landscaping and beautification for a city well lot at 3150 N. Valley
Green Way in the Autumn Faire Subdivision which is currently bare. The bid includes
grading the lot, installing an automatic sprinkler system, sod, and five 2" caliper trees.
There will be no further maintenance costs associated with this project as a Maintenance
Agreement assigning upkeep responsibilities to the Homeowners Association has been
drafted and will be signed and executed prior to construction. A copy of the Agreement is
attached.
Recommended Council Action: The Public Works Department recommends
that City Council approves the contract for the Autumn Faire Subdivision City
Well Lot Landscaoina for $4381.64 and authorize the Mayor to sign it.
Thank you for your consideration. Please contact me if you have any questions regarding
any of these items.
. Page 1
~oct" 03 2005 3,52PM
Sunshine Landscape Inc.
208-898-9711
(~T~
p. 1
Sunshine Landscape, LLC
16746 Wentworth Lane
Nampa,ID 83687
Phone: (208) 884-8036
Fax: (208) 898-0011
Meridian City (Altn: John Mills)
Well lot In Autumn Fair Subdivison
Meridian,ldaho
Fax to 898-9551
Job Description and Specifications: .
Install sprinkler system, with tie in to pressurized irrigation. Lot will be fine graded and five 2" caliper
trees will be planted around lot and sod installed to cover the balance of the lot.
Materials:
Sprinkler 530.74
Trees 519.75
$odfSeed 252.45
. Total Materials 1,302.94
labor 2,323.54
Equipment 660.00
Delivery/Disposal 95.18
Total Job Cost ~
Tenns & Conditions: Payment in full upon completion of project
Accepted by:
Date:
MEMORANDUM OF UNDERSTANDING
WITH REGARD TO MAINTENANCE OF LANDSCAPING AND
SPRINKLER SYSTEM
Autumn Faire Subdivision
THIS AGREEMENT is made and entered into by and between the CITY OF
MERIDIAN, IDAHO, hereinafter "City," and AUTUMN FAIRE HOMEO"WNER'S
ASSOCIATION, INe., an Idaho corporation, hereinafter the "Association."
Reci tals
WHEREAS, the Association owns the following described well lot real
property located within Autumn Faire Subdivision, to-wit:
See Exhibit "A" attached hereto and, by this reference,
incorporated herein as if set forth in full; and
WHEREAS, the City, at its expense, will be constructing a building to house
the well and water system on the well lot real property and a driveway into the well lot real
property, and will plant enhanced landscaping on the well lot real property, including the
installation of an automatic sprinkler system; and
WHEREAS, the Association has agreed, in exchange for the enhanced
landscaping and sprinkler system, to maintain the landscaping and sprinkler system once it
has been installed by the City.
NOW, THEREFORE, the City and the Association covenant and agree as
follows, to-wit:
Agreement
I. INCORPORATION OF RECITALS: The above recitals are contractual
and binding and are incorporated herein as if set forth in full.
2. MAINTENANCE OF LANDSCAPING AND SPRINKLER SYSTEM:
Once the City has installed the landscaping and automatic sprinkler system on the above
described well lot real property, the Association agrees to undertake the maintenance and
MEMORANDUM OF UNDERSTANDING WITH
REGARD TO LANDSCAPING AND SPRINKLER
SYSTEM - 1
Autumn Faire Subdivision
repair of the landscaping and sprinkler system at its sole cost and expense, including
replacement of any ground cover or plants that die or are diseased or damaged.
3. PERMISSION BY CITY: The City agrees that the Association shall
have permission to come onto the well lot real property for the purposes of accessing,
maintaining and repairing the landscaping and sprinkler system.
4. OPERATIONS MANAGER: The Association agrees to designate an
operations manager and direct such operations manager to perform the necessary tasks
required of Association under this agreement.
5. NOTIFICATION: Any notice between the parties shall be in writing
and shall be deemed delivered three (3) days following the mailing of such notice to a party
at the following address:
City of Meridian
City Hall
33 E. Idaho
Meridian, ID 83642
Autumn Faire Homeowner's
Association, Inc.
c/o Valley Property Management
PO BOX 44739
Boise,ID 83711
6. SITUS AND BINDING EFFECT: This Agreement shall be construed
under the laws of the State of Idaho. This Agreement shall inure to and bind the respective
heirs, legal representatives, successors and assigns of the parties.
7. ENTIRE AGREEMENT: The parties agree that this Agreement
constitutes the entire agreement between the parties hereto.
8. SEVERABILITY: In the event any of the provisions of this Agreement
shall be deemed illegal or unenforceable, such determination shall not operate to invalidate
any of the remaining provisions of this Agreement.
9. HEADINGS: The underlined paragraph headings are for convenience
only and are not a part of this Agreement and shall not be used in interpreting or construing
this Agreement.
MEMORANDUM OF UNDERSTANDING WITH
REGARD TO LANDSCAPING AND SPRINKLER
SYSTEM - 2
Autumn Faire Subdivision
IN WITNESS WHEREOF, the parties hereto have duly executed this
Agreement as of the day and year first above written.
CITY OF MERIDIAN, IDAHO
Dated:
By:
Title:
II Citytl
AUTUMN FAIRE HOMEOWNER'S
ASSOCIATION, INC.
Dated:
By:
Title:
"Association II
MEMORANDUM OF UNDERSTANDING WITH
REGARD TO LANDSCAPING AND SPRINKLER
SYSTEM - 3
Autumn Faire Subdivision
Exhibit A
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MEMORANDUM OF UNDERSTANDING WITH
REGARD TO LANDSCAPING AND SPRINKLER
SYSTEM - 4
Autumn Faire Subdivision
October 7, 2005
MERIDIAN CITY COUNCIL MEETING
APPLICANT
October 11, 2005
ITEM NO.
5-0
REQUEST Water Main Easement Agreement for EI Dorado Retail Building No.2 by Kimball
Properties, LP
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
~.J
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Materials presented at public meetings shall become property of the City of Meridian.
City of Meridian
Public Works Dept.
Memo
To: Mayor De Weerd & City Council
From: Karie Glenn
cc: File
Date: 10/4/2005
Re: Proposed Agenda Items for 10/11/05 City Council Meeting
The Public Works Department respectfully requests that the following items be placed on the
10/11/05 City Council agenda, on the Consent Agenda, for Council's consideration:
1) Water Main Easement for EI Dorado Retail Blda #2 bv Kimball Poroerties LP.
Typical Water Main Easement.
Recommended Council Action: Approve the Water Main Easement for EI
Dorado Retail Bldg #2 by Kimball Porperties LP and authorize the Mayor to
sign and City Clerk to attest.
Thank you for your consideration,
. Page 1
FROM : WH MOORE CO
FAX NO. : 208-323-7523
Sep. 30 2005 09: 27AM P2/6
WATER MAIN :EASEMENT
THts INDENlURE, made this ~ dny of ---' 20_between~.1f 4~(~ tJ!the parties of
the first part, an.d hereinafter called the Grantors; and the City of Meridian, Ada County, Idaho, tbe party of
the second part, and hereinafter called the Grantee-;
wiffiEs:~~:
WHEREAS, the Grantors desire to provido a water main right-of-way across the premise.'l and
property hereinafter particularly bounded and desmibed; and
WHEREAS, the water main is to be provided for through an underground ,pipeline to be constructed
by others; and
WHEREAS, it will be necessaxy to maintain, service and subsequently connect to said pipeline.from
time to time by the Grantee; ,...- . "'.. '
NOW THRREFORE in consideration of the benefits to be received by the Grantors and other ~o(Jd
and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-
of-way for an easement for the construction, operation, maintenance, repair, replacement of a water
main over and across the following describei;l. property:
(SEE ATTACHED EXIDBIT A and B)
The easement hereby grantedis for the purpose or&bnstruclion and operation of Ii water li:ne and their
allied fueil iti es, together with their maintenance" additional connection thereto, repair and replacement
at the convenience of the Grantee, with th~ ~ right of access to such facilities at any lUld all timc.<;,
TO BA VE AND TO HOLD, the said easement and right-ofMway unto tho said Grantee, it's successors
and assigns forevtt. '
IT IS EXPRF.,SSL Y UNDERSTOOD AND AGREED, by and between the parties hereto, that after
consf:tuction,. making ['lfpairs, pcrfonning other maintenance or niaIdng subsequent connection to .the
water line, Grnntee shall restore the area of the easement anii adj acent property to that ~sknt prior to
undertaking such construction,:repairs and mamtenan~. However, Grantee shall not be responsible for
. repairing, replacing or restoring anything placed within the area described in this cascmc;nt that Wl:l.&
placed there in violation of this easement.
THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any
pe.n-nanellt gtructur~, trees, brush, or pr.mmnial.shrubs or flowers within the area descnoed for this
easement which would interfere with the use of said ~ement, for the purposes stated herein,
THE GRANTORS hereby covenant and !igree-witlrtbe Grantee that should any part of the right-of-
way and easement hereby grunted shall become part of, or lie within the hormdaries of any public
street. then, to such extent. such right-of-way and easement hereby granted which lies within such
boundary there.of or which is a part thereof, shall cease and become null and void and of no further
effect and shall he completely relinquished,
Water Main Easement
F..ASMT WTR.doc
FROM : WH MOORE CO
FRX NO. : 208-323-7523
Se:p. 30 2005 09: 37AM P2/2
THE GRANTORS do hereby covenant \Vith the Grantee that they ate lawfully seized and possessed of
the aforementioned and descnbed tr'.r.qt o~ land, and that tlWY ha:ve.a good and lawful right to. convey
said easement, and that they will warrant and forever defend the title and quiet possession thereof
against the lawful claims of all persons whomsoever.
ill WITNESS WHEREOf, the said parties ofthe first part have herlm1100 subscribed their signatures
the day and year first herein above written. "
GRANTOR: k.' t~bJ.f ;J~e; ll~~fJ jJ,.;;f~~~
CQl~-
,>a.~O[ary
STATE OF IDAHO )
) SB
County of Ada )
On this ~ Cf 'f!!:. day of 0' e.rre "" b e r. 2q~efore me:. the undersigned, a. Notary Public in
and for said State~ personally appeared . /.() I IT'S r-h H. ,/1. M t;)CJ yo P " '"ftHd-
known or identified' to me to be the ~g\Wete.r), reRpectively, of the
1~:4? ~that executed the within instrument, and ac owe g to me that such ~~~t.~
executed the same.
~,,\,\\\~~.~t=IEREOF. I have her:unto set my hand and affixed my official seal the day and year
$~"':~.""".....~~ "~ . .
~ ..- ", ~ " ~ _ 0 iF
~ ! 1'10TARI' '; ~ ... ~1<;1_ ~.
~*.~ (SEAL) i*g . "NOTARYPUpLICFOR AHa
'\ .... POBUe ./ $ Residingat .()$i.se, Id(1..h.-'c>
~11~ii-(F~~'/ Commission Expires: ~;;, - (!) '9
~lIlItlUll n'\'\'~
Water Main Easem3nt
BASMT WTR..doc
FROM : WH MOORE CO
FAX NO. :208-323-7523
Sep. 30 2005 09: 27RM P4/6
GRANTEE: CITY OF MERIDIAN
Tammy de Wccrd, Mayor
Attest by William G. Berg,' City Clerk
Approved By City Council On:
STATE OF IDAHO,
: 53.
C01.ttlty of Ada )
On this _day of 2004, before me~ the undersigned, a
Notary Public: in and for said State, personally appeared TAMMY de WEERD tmd WILUAM G. BERG,
.rn..; lmuwn LO me Lu be dlt:: IvIu)'v! A!!d C~L'y Clt:..l.~"~""'p"""t:in,1.r, uf HI'" C~L) ~,f~lld;a.l" I.k.h..., alld W113
executed the within instrument. and aclmowledged to me that the City of Meridian executed the same.
IN WITNE,.;;;:S WHEREOF. I have hereunto set my hand and affix.ed my offJcial seal the day and year first
above \Vritten.
(SEAL)
NOTARY PUBLIC .FOR IDAHO
Residing at:
C'.ommission Expires:
Water Main Easozrnml EASMT WTR.doc
FROM : WH MOORE CO
FAX NO. : 208-323-7523
Sep. 30 2005 09: 27AM P5/6
EXIlIBIT A
WATER MAIN EASEMENT=EL DORADO RETAIL #2
A 20 foot wide water main casement across a portion of Lot 4, Block 3 oIthe Bonito
Subdivision, recorded as instmment number 103142839 in the office of the Ada County
Recorder on August 22, 2003, in Book 86 of Plats' at pages 9783 tbrough 9788 located in
the NortheaSt 14 of Section 20, Township 3 North, Range 1 East, Boise Meridian, Ada
C~lUnty. Idaho and is more particularly described as follows:
Beginning at the southeast comer of said Lot 4~ said point being on the West Rigbt-Of-
Way line of South Bonito Way; thence al~ng ~e~~outh line of said Lot 4
South 74024'32" West 85.94 feet; thence leaving said South line of Lot 4
North 90"00'00" West 137.99 feot; thence
South 00007'01" East 1 0.51 feet to a point on said South line; thence along said South
line
North 90000'00" West 20.00 feot; thence leaving said South line
North 00007'01" West 30.51 feet; thence '
Sao.th 9goQg~QQ" ERst 1 5" ?Q f''''pt' th",,",",A
No.rth 74024'32" East 46.41 feet; thence
North 14027'08" West 11.25.feet~ thence
North 75032'52" East 20.00 feet; thence
South 14027'08" East.l0.85 feet; thence
North 74024'32" East 17.06 feet to a point on said West Right-Or-Way line of~outh
Bonito Way. thence along said West Right~Of- Way line
20.00 feet along a curye to the left.. said curv~ having a radius of737.00 feet, a delta
angl~ 1033'18", and a chord b~arins.and cUstanPQ of South .14048'49" East 20.00
feet to the POINT OF BEGINNING. .
Said easement is subject to all existing easements of record OJ; of use.
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October 7, 2005
MERIDIAN CITY COUNCIL MEETING
APPLICANT
October 11, 2005
ITEM NO.
5-P
REQUEST Agreement for Services with AspireOn
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:
I DAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
~t?
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O(j(~
~to
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Materials presented at public meetings shall become property of the City of Meridian.
October 7, 2005
MERIDIAN CITY COUNCIL MEETING
APPLICANT
October 11, 2005
ITEM NO.
5-Q
REQUEST City Clerk Notification of Election Precinct and Polling Places
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:
rfU
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Materials presented at public meetings shaJl become property of the City of Meridian.
CITY OF MERIDIAN
NOTICE OF CITY GENERAL ELECTION
NOTICE IS HEREBY GIVEN that on Tuesday, November 8, 2005, the
General City Election of the City of Meridian will be held for the election of two (2)
City Council Members, Seat #2 and Seat #4, to serve for a term of four (4) years.
HOURS OF VOTING: The polls for said the General City Election shall be
open at 8:00 a.m. and will remain open for voting until 8:00 p.m. Mountain
Standard Time, on said date of election.
POLLING PLACES: For electors residing in: First (1 st) Precinct #800 will
vote at American legion Hall, 22 W. Broadway Avenue, Second (2nd) Precinct
#801 will vote at Meridian City Hall, 33 E. Idaho Avenue, Third (3rd) Precinct
#802 will vote at Meridian Library, 1326 W. Cherry lane, Fourth (4th) Precinct
#803 will vote at locust Grove Grange, 1201 E. Victory Road, Fifth (5th) Precinct
#804 will vote at Capital Christian Center, 2760 E. Fairview Avenue, Meridian,
Idaho.
PLACE OF REGISTRATION: Electors may register at Meridian City Hall,
33 East Idaho Avenue, Meridian, Idaho on Monday through Friday between the
hours of 8:00 AM and 5:00 PM. The last day to pre-register will be Friday,
October 14, 2005.
DATED this 5th day of October, 2005.
WilLIAM G. BERG, JR. - CITY CLERK
October 7, 2005
MERIDIAN CITY COUNCIL MEETING
Department Reports
October 11, 2005
APPLICANT Parks & Recreation Department
ITEM NO.
6~A~ 1
REQUEST Autumn Faire Subdivision Park Contract / Agreement
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:
vA~
.~ ~~ b~
W!r lIJ}vW f
(~p
~
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Materials presented at public meetings shall become property of the City of Meridian.
Autumn Faire, Seasons Park
Impact Fee Budget Amendment
Date: 10-11-05
Budget Numbers
Original budget
Remaining budget
Low Bidder for the project
Hillside Landscape Contractor
Extra dollars needed to award contract
Construction costs to tap water line
In the street for shoulder season watering
10 % contingency money
Total Dollars needed to complete this phase
Current 2006 budget is $ 113,000.00
For restroom and shelter
We would like to leave that to use as planned for 2006 budget
234,341. 00
62,493.00
11,600.00
7,409.00
81,501.00
r~u'f/>U.O /tJ-((-& ~
~
194,000.00
171,848.00
October 7,2005
MERIDIAN CITY COUNCIL MEETING
APPLICANT Mayors Office
Department Reports
October 11, 2005
ITEM NO.
6~B~ 1
REQUEST Reappointment of Historic Preservation Commission Frank Thomason and Tom
Hammond
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:
>/^'
,/- f Iv/'
Ulrr;/ A,()h/j
t~o1
flY'"' 4'
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Materials presented at public meetings shall become property of the City of Meridian.
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October 7,2005
MERIDIAN CITY COUNCIL MEETING
APPLICANT Mayors Office
Department Reports
October 11 , 2005
ITEM NO.
6~B-2
REQUEST Update on Economic Development Report by Cheryl Brown
AGENCY COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FI RE 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:
f~~
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Materials presented at public meetings shall become property of the City of MeridJan.
, _neryl Brown
33 E. Idaho Ave.
Meridian, ID 83642
hn lWIlt'<!Tlllt'riui~Ult'll \ ,(lrll
rec.el'vee(
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M ridian conomic
~rowth: ~~ Su,,"m~ry .
Trends in commercial construction and
business investments
where Communitg Spirit atul r.Business Com6ine
Meridian at a Glance
Meridian's Top Five Employers
Meridian School District-3,805 employees
Citigroup 1,408 employees
T -Mobile 688 employees
Blue Cross of Idaho-659 employees
St, Luke's Meridian-650 employees
Meridian
Ada County 205,775
Meridian
Boise MSA
Ada County
Idaho
United States
Meridian
Ada County
1990
11,958
Population Growth
1994 2000 2005
14,566 34,919 56,108
247,225 300,904
Income
2002 Per Capita
$34,072
$29,190
34,072
25,476
30,906
Unemployment
July 2005
2.5%
3.4%
361,500
2003 Per Capita
unavailable
$29,562
35,324
25,902 .
31,472
Meridian Economic
Growth: Outlook for 2005
I. Examining trends in commercial construction and business investments
Overall Economic Investment in Meridian Continues to
Skyrocket
Numerous large projects in Meridian have recently reached completion or are currently being
constructed. Within the last few years, more than $800 million has been invested into
expansion and relocation projects within Meridian. Some of the most successful projects are
examined below:
ECONOMIC DEVELOPMENT-ZOOS
Citigroup (Credit Card).........$10.3 million
T-Mobile (Cenular Phones)..... $7.5 million
Grand Cinemas 18..............., $8,25 minion
EI Dorado.............,............. $100 million
500 jobs (2003); project 4,000 in 2005 (700% increase)
Silverstone......,........,..,...,..., $270 million
4500 jobs (2003) in 600,000 sq. ft; project 10,000 in 2005 (122% increase)
Fairview Lakes.....,...,........... $20,6 million
Central Valley...........,....,...., $165 million
Hallett Cinema Complex......... $100 million
Exnansions
Blue Cross Expansion............. $9,2 million
Tri-City Meats.......................moving seafood operation from Eagle to Meridian
Micro 100 Tool.........................$4 million
Food Services of America............$4 million
Double D.................,........,......15,OOO sq, ft.
II. Cultivating Expanded Interest in Economic Development
Website Development
Over the past several months, Meridian's Economic Development
web site has been revamped into a state-of-the-art, professional website
(largely thanks to the efforts of Circle tree Media and Ryan and Jared Riley).
The new web site will be available from the City of Meridian homepage by
October 1 S\ 2005.
The new website provides an attractive interface for potential businesses
to learn and inquire about relocating or expanding businesses to Meridian.
The new webpage will provide vital information succinctly and attractively.
From this web site, all information that a potential business needs (e.g.,
permit process, zoning maps, Meridian quality of life, tax codes, etc.) will be
readily available. ".
The new website will be kicked off with an advertisement in the October
2005 issue of Horizon Air Magazine. (An enclosed copy of that
advertisement is included on the following page).
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How Do Meridian Developers Feel About the CUlTent Pace and
Outlook of Economic Development?
The Economic Development Coordinator has made the municipal
officials including the mayor and city council easily accessible to
business leaders. This close relationship between business leaders and
city officials is mutually beneficial for both parties. Developer Winston
H. Moore especially appreciates the close relationship that Meridian
business owners can maintain with Meridian city officials; "it is not
only pleasant," Moore says, "but also highly beneficial to have a point
of contact that is close to the mayor as well as being acquainted with all
department heads." Acting as a liaison between the business and the
city, the Economic Development Coordinator ensures that development
projects stay on the timeline set by both the developer and the city.
"N avigating bureaucratic requirements is consistently a headache for
anyone involved in commercial real estate," says Winston H. Moore,
who is currently developing a $100 million Meridian business park with
750,000 square feet of retail and office space, "but the presence of [the
Economic Development Coordinator] makes the entire process go
smoothly and with substantial time savings. n
Many businesses claim that Meridian's Economic Development
Coordinator's focus is truly unique to our own community and played a
significant role in their decisions to bring their businesses to Meridian.
Kay Barbre of Sizzling Platter, Inc., claims that the Economic'
Development Coordinator position "was the most positive interface I
have had with any of the cities I have researched about permitting,
processing, and guiding contractors through the abyss of city, county,
and state regulations and requirements. It was refreshing to find a single
office where, as a contractor, I could contact someone about all the
different departments in the city."
WIiere Community Spirit am! lBusiness ComDin
Will Meridian and Idaho sustain growth?
B:conomic Growth
· Idaho's 2005 economic growth is expected to nearly duplicate the noticeably
improved expansion pace recorded last year.
. Forbes labeled neighboring Boise, Idaho as the No.1 place in the nation
for Business and Careers.
. Idaho employment gains in 2005 are expected to average 2.5 percent (14,700 jobs)
-*" Money Magazine rated Meridian in tbe top 100 best places to live (August Issue)
Professional business services jobs have grown 9.1%, and the financial services sector
has grown more than 11.3%. By contrast, San Jose, in the heart of the Silicon Valley,
has experienced a 23% drop in information jobs, a 21.5% loss in business services jobs,
and a 2.2% loss in f'mancial services positions over the same period. Meridian rests at
the center ofthis economic boom.
Population Growth
. The D.S Census Bureau estimated that Idaho's population increased by 1.90~ during
2004 (26,300 residents); analysts predict that this growth rate will be maintained
over the next decade as Idaho becomes the fourth fastest-growing state.
. From 2000-2004, the Meridian area's population growth exceeded 15%; the expected
population growth for the next five years (2005-2009) is 15.7%.
. According to the Idaho Business Review (Jan. 24-30), Ada County home sales rose by
18% in 2004. Meridian home sales saw a 26.7% increase in 2004, according to The
Idaho Statesman (2/7/2005).
2000 - 2004 Non-Residential Building Permits by Category
Meridian Impact Area
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October 7, 2005
MERIDIAN CITY COUNCil MEETING
APPLICANT City A Horney's Office
REQUEST Addition of a Part Time Attorney
October 11, 2005
Department Reports
ITEM NO.
6~D~ 1
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:
OTH ER:
COMMENTS
~/
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Materials presented at public meetings shall become property of the City of Meridian.
October 7, 2005
MERIDIAN CITY COUNCIL MEETING
APPLICANT City A Horney's Office
REQUEST Simunich Update
Department Reports
October 11 i 2005
ITEM NO.
6~D-2
AGENCY COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Materials presented at public meetings shall become property of the City of Meridian.
October 7, 2005
MERIDIAN CITY COUNCIL MEETING
APPliCANT City Attorney's Office
Department Reports
October 11 , 2005
ITEM NO.
6~D~3
REQUEST Update On Landfill Issues
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:
rJv
f rl; foY" c.t-~J
~~ ;CVft:VJ piV
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Materials presented at public meetings shall become property of the City of Meridian.
October 7, 2005
MERIDIAN CITY COUNCil MEETING
APPLICANT City Attorney's Office
October 11, 2005
Department Reports
REQUEST Ordinance Changes
ITEM NO.
6~D~4
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:
OTH ER:
· h~
fr-t 11()
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Materials presented at public meeHngs shall become property of the City of Meridian.
CITY OF MERIDIAN ORDINANCE NO.
BY THE CITY COUNCIL: BIRD, DONNELL, ROUNTREE, WARDLE
AN ORDINANCE ENACTING A NEW TITLE 7, CHAPTER 1, SECTION 12,
MERIDIAN CITY CODE MAKING IT UNLAWFUL TO DRIVE IN A NEGLIGENT
MANNER; AND PROVIDING FOR A WAIVER OF THE READING RULES AND
PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
MERIDIAN, IDAHO:
Section 1: That Title 7, Chapter 1, Section 12, Meridian City Code is hereby enacted to
read as follows:
7~1-12 NEGLIGENT DRIVING
It shall be unlawful for any person to operate a motor vehicle in a nel!lieent manner OYer and
alone the hiehwavs streets or alleys of this City. For the purnose of this Section to "operate in a
neelieent manner" shall be construed to mean the operation of a motor vehicle in the followinl!
manner:
A. The enl!al!inl! in any motor vehicle speed contest or exhibition of speed' and/or
B. Excessive unreasonable rapid acceleration of a motor vehicle' and/or
C. The operation of a motor vehicle where the operator has less than full control of the sneed and
direction of movement of the vehicle. The collision by a vehicle with any stationary obiect shall
be prima facie evidence of a violation of this Section.
Section 2: That pursuant to the affinnative vote of one-haIf(l/2) plus one (1) of the
Members of the full Council, the rule requiring two (2) separate readings by title and one (1)
reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall
be in full force and effect upon its passage, approval and publication.
PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this
_ day of .2005,
APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this
_ day of ,2005,
NEGLIGENT DRIVING - Page 1 of2
ATTEST:
CITY CLERK
NEGLIGENT DRIVING - Page 2 of2
MAYOR
NOTICE AND PUBLISHED SUMMARY
OF ORDINANCE PURSUANT TO I,C, ~ 50-901(A)
CITY OF MERIDIAN ORDINANCE NO. OS-_
PROVIDING FOR AN AMENDMENT MERIDIAN CITY
NEGLIGENT DRIVING ORDINANCE
An Ordinance of the City of Meridian amending Title 7, Chapter 1, Section 12 of the
Meridian City Code making it unlawful to drive in a negligent manner.
A full text of this ordinance is available for inspection at City Hall, City of Meridian,
33 East Idaho, Meridian, Idaho. This ordinance shall become effective upon the passage
and publication.
City of Meridian
Mayor and City Council
By: William G. Berg, Jr" City Clerk
First Reading:
Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code
50-902: YES NO
Second Reading:-- -
Third Reading:
STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF
SUMMARY OF ORDINANCE NO, 05-
The undersigned, William L.M. Nary, City Attorney of the City of Meridian,
Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of
the attached Ordinance No. 05- of the City of Meridian, Idaho, and
has found the same to be true and complete and provides adequate notice to the public
pursuant to Idaho Code ~ 50-901A (3).
DATED this _ day of October, 2005.
William. L.M. Nary
City Attorney
NEGLIGENT DRIVING SUMMARY - Page 1 of 1
CITY OF MERIDIAN ORDINANCE NO,
BY THE CITY COUNCIL: BIRD, DONNELL, ROUNTREE, WARDLE
AN ORDINANCE REPEALING AND RE-ENACTING TITLE 7, CHAPTER 1,
SECTION 8, MERIDIAN CITY CODE REGARDING MAKING U-TURNS WITHIN
THE CITY OF MERIDIAN; AND PROVIDING FOR A WAIVER OF THE READING
RULES AND PROVIDING AN EFFECTIVE DATE,
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
MERIDIAN, IDAHO:
Section 1: That Title 7, Chapter 1, Section 10, Meridian City Code is hereby repealed
and re-enacted to read as follows:
7 1 8s U TUR:~Ss
}~.Rest:f.ietiens: Ne U hIm af tIim. Fe, efSHTg the WreetisB ef 1m. 61 shall Be maee at at1j
mterseetieB in ..meh. "}Ta U TlU'B" sigas are ereetea, BeF at an")' interseetieB at ..mea there is
a traffie signal light, :aer at at1j plaee ather than at BR iBteFseetieB, BeI HBl6SS tilere Be
suffieieat spaee ta make suea turn . Athellt BaekiBg, Bef wlless prier te and e~Jlg SHea tU:m,
the same Be signalea m the manner refJ\:lkea BY state la., .
B.Partial U Tam: It shall Be illegal fer 81l) tum t8 Be maee eElmm6fl.eing Ham the laBe aftmffie
iB .. hiea a.. ehiele is me, ing ..meh. eresses the ElpflElsHe Hame lane ana .. mea reswts in saia
. ehiele p8:fking af Gaming tEl a step en the appesRe side Elf the street HElm' here the mm
eElmmeneeli, (Oni. 597, 6 6 19&9)
7~1-8: U-TURNS:
A.Restrictions:
1) No V~turn or turn reversing the direction of travel shall be made at or in any
intersection unless specific traffic control devices are posted authorizing such driving maneuver;
or
2) No V-turn or turn reversing the direction of travel shall be made in any other location unless
there is sufficient distance of not less than one hundred (100) feet of roadway with a clear and
unobstructed view by drivers from either direction, a proper signal is made, and said turn can be
performed safely.
B.Partial V-Turn: It shall be illegal for any turn to be made commencing from the lane of traffic
in which a vehicle is moving which crosses the opposite traffic lane and which results in said
vehicle parking or coming to a stop on the opposite side of the street from where the turn
commenced.
C. For the purposes oftms ordinance "safely" shall mean that it is the responsibility of the party
making the V -turn or turn reversing the direction of travel to establish that this maneuver can be
made with due care to drivers and pedestrians at; adjacent to, or upon the roadway and with due
care in regards to the current conditions of the roadway and driving conditions.
U-TURN ORDINANCE - Page 1 of 2
Section 2: That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the
Members of the full Council, the rule requiring two (2) separate readings by title and one (1)
reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall
be in full force and effect upon its passage, approval and publication.
PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this
_ day of . 2005.
APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this
_ day of . 2005.
MAYOR
ATTEST:
CITY CLERK
U-TURN ORDINANCE - Page 2 of2
NOTICE AND PUBLISHED SUMMARY
OF ORDINANCE PURSUANT TO I.C. ~ SO-901(A)
CITY OF MERIDIAN ORDINANCE NO, OS~_
PROVIDING FOR AN AMENDMENT MERIDIAN CITY
U~ TURN ORDINANCE
An Ordinance of the City of Meridian amending Title 7, Chapter 1, Section 8 of the
Meridian City Code regarding making U-turns within the City of Meridian.
A full text of this ordinance is available for inspection at City Hall, City of Meridian,
33 East Idaho, Meridian, Idaho. This ordinance shall become effective upon the passage
and publication,
City of Meridian
Mayor and City Council
By: William G, Berg, Jr" City Clerk
First Reading:
Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code
50-902: YES NO
Second Reading:-- -
Third Reading:
STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF
SUMMARY OF ORDINANCE NO. 05-
The undersigned, William L.M. Nary, City Attorney of the City of Meridian,
Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of
the attached Ordinance No. 05- of the City of Meridian, Idaho, and
has found the same to be true and complete and provides adequate notice to the public
pursuant to Idaho Code ~ 50-901A (3).
DATED this _ day of October, 2005.
William. L.M. Nary
City Attorney
V-TURN SUMMARY - Page 1 of 1
CITY OF MERIDIAN ORDINANCE NO,
BY THE CITY COUNCIL: BIRD, DONNELL, ROUNTREE, WARDLE
AN ORDINANCE AMENDING TITLE 2, CHAPTER 3, SECTION 2 OF THE
MERIDIAN CITY CODE REGARDING MEMBERSHIP FOR THE TRAFFIC
SAFETY COMMISSION; AND PROVIDING FOR A SUMMARY; AND
PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING
AN EFFECTIVE DATE
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
MERIDIAN, IDAHO:
Section 1. That Title 2. Chapter 3, Section 2 of the Meridian City Code is amended to
read as follows:
2~3~2: MEMBERSHIP AND TERMS OF OFFICE:
A. Appointment; Terms: The tIraffic s.s.afety e,Q,ommission shall consist ofY.l2..!Q nine
(9) members to be appointed by the mMayor with the consent and approval of the
Qtt..e.Q.ouncil. Members of said commission shall hold office for a period of four (4)
years each and said terms shall be staggered in such a manner so that the terms of not
more than three (3) members shall expire in anyone year, Thee (3) of such members
shall hold office for a term of two (2) years, the remainder for four (4) years unless
the appointment specifies a shorter term. Thereafter, the term of office for each
appointive member shall be four (4) years,
B. Membership: Members shall be selected S8 tJiat tJier-e shall al a:r s remain in for the
eQommission from the followilll! different interest QI'OUos: one Joint School District
No.2 sehssl Elistfiet administrator or desilrnee one plli3lie . sl'ks representat-i . e City
olannim:r reoresentative oreferablv a Transoortation olanner, one Ada County
hHighway El!2istrict (ACHD) representative, one .Qliy police department
representative, one e.Q.ity ~ Attornev or Deoutv and four (4) local citizens.
The four (4) local citizens should, if possible, represent different areas of Meridian:
eki-tewa "Old Town" northwest Meridian (from west of Meridian Road to Black Cat
Road and north of the interstate to Chinden Boulevard excIudin!! "Old Town"),
northeast Meridian (from east of Meridian Road to Eagle Road and north of the
interstate to Chinden Boulevard excIudin!! "Old Town"), and south Meridian (to
include all city limits south of the interstate). Representatives shall serve on the
committee without compensation. (Ord. 04-1076, 54-2004)
Section 2.
That pursuant to the affirmative vote of one-half (1/2) plus one (1)
of the Members of the full Council, the rule requiring two (2) separate readings by title
TRAFFIC SAFETY COMMISSION MEMBERSHIP - Page 1 of2
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 on
2005,
PASSED by the City Council of the City of Meridian, Idaho, this _ day of
. 2005,
APPROVED by the Mayor of the City of Meridian, Idaho, this _ day of
. 2005,
APPROVED:
MAYOR
ATTEST:
CITY CLERK
TRAFFIC SAFETY COMMISSION MEMBERSHIP - Page 2 of2
NOTICE AND PUBLISHED SUMMARY
OF ORDINANCE PURSUANT TO I.C. ~ 50~901(A)
CITY OF MERIDIAN ORDINANCE NO. 05-
PROVIDING FOR AN AMENDMENT MERIDIAN CITY
TRAFFIC SAFETY COMMISSION ORDINANCE
An Ordinance of the City of Meridian amending Title 2, Chapter 3, Section 2 of the
Meridian City Code regarding membership for the traffic safety commission.
A full text of this ordinance is available for inspection at City Hall, City of Meridian,
33 East Idaho, Meridian, Idaho. This ordinance shall become effective upon the passage
and publication,
City of Meridian
Mayor and City Council
By: William G. Berg, Jr., City Clerk
First Reading:
Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code
50-902: YES NO
Second Readin~ -
Third Reading:
STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF
SUMMARY OF ORDINANCE NO. 05-
The undersigned, William L.M. Nary, City Attorney of the City of Meridian,
Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of
the attached Ordinance No, 05- of the City of Meridian, Idaho, and
has found the same to be true and complete and provides adequate notice to the public
pursuant to Idaho Code ~ 50-901A (3).
DATED this _ day of October, 2005,
William. L.M. Nary
City Attorney
TRAFFIC SAFETY CO!v.l1v1ISSION MEMBERSHIP SUMMARY - Page 1 of 1
CITY OF MERIDIAN ORDINANCE NO,
BY THE CITY COUNCIL: BIRD, DONNELL, ROUNTREE, WARDLE
AN ORDINANCE AMENDING TITLE 10, CHAPTER 3, SECTION 7, OF THE
MERIDIAN CITY CODE REGARDING THE ELECTRICAL CODE; AND
PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING
AN EFFECTIVE DATE
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
MERIDIAN, IDAHO:
Section 1. That Title 10, Chapter 3, Section 7 of the Meridian City Code is
amended to read as follows:
10~3-7: SPECIFICATIONS OF CmCUlT WIRING:
All buildings hereinafter ereetea to be used for commercial purposes shall be wired in
metal raceway, with the exception of communication and signaling.
A) Suspended ceilings luminaire are to be supported by independent support
wires from structure to fixture, including wiring boxes for smaller luminaries
such as exit signs. Luminaires over one foot square foot shall have two
support wires, one on each diagonal comer.
B) Bell ringing transformers shall be accessible and not located in attics.
C) Residential smoke detectors shall be wired to a general wiring circuit, not a
dedicated circuit.
The City of Meridian further adopts Title 1, Chapter 10 "Rules Governing
Certification and Approval of Electrical Products and Materials." of the State of
Idaho, including but not limited to, the right of the City to require independent
certification of circuit wiring for approval.
All provisions herein are effective on final passage and approval and not retroactive.
ELECTRICAL CODE AMENDMENT - 2005 - page 1 of2
PASSED by the City Council of the City of Meridian, Idaho, this _ day of
. 200S,
APPROVED by the Mayor of the City of Meridian, Idaho, this _ day of
.200S.
APPROVED:
MAYOR
ATTEST:
CITY CLERK
ELECTRICAL CODE AMENDMENT - 2005 - page 2 of2
NOTICE AND PUBLISHED SUMMARY
OF ORDINANCE PURSUANT TO I,C, ~ 50-901(A)
CITY OF MERIDIAN ORDINANCE NO. 05w
PROVIDING FOR AN AMENDMENT MERIDIAN CITY
ELECTRICAL CODE ORDINANCE
An Ordinance of the City of Meridian amending TitlelO, Chapter 3, Section 7 of the
Meridian City Code regarding the electrical code,
A full text of this ordinance is available for inspection at City Hall, City of Meridian,
33 East Idaho, Meridian, Idaho. This ordinance shall become effective upon the passage
and publication.
City of Meridian
Mayor and City Council
By: William G, Berg, Jr., City Clerk
First Reading:
Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code
50-902: YES NO
Second Reading;-- -
Third Reading:
STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF
SUMMARY OF ORDINANCE NO. 05~
The undersigned, William L.M. Nary, City Attorney of the City of Meridian,
Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of
the attached Ordinance No. 05- of the City of Meridian, Idaho, and
has found the same to be true and complete and provides adequate notice to the public
pursuant to Idaho Code ~ SO-901A (3),
DATED this _ day of October, 200S.
William. L.M. Nary
City Attorney
ELECTRICAL CODE AMEND:MENT SUMMARY - Page 1 of 1
CITY OF MERIDIAN ORDINANCE NO.
BY THE CITY COUNCIL: BIRD, DONNELL, ROUNTREE, WARDLE
AN ORDINANCE AMENDING TITLE 10, CHAPTER 3, SECTION 7, OF THE
MERIDIAN CITY CODE REGARDING THE ELECTRICAL CODE; AND
PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING
AN EFFECTIVE DATE
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
MERIDIAN, IDAHO:
Section 1. That Title io, Chapter 3, Section 7 of the Meridian City Code is
amended to read as follows:
10-3-7: SPECIFICATIONS OF CIRCUIT WIRING:
All buildings hereinafter ereetea to be used for commercial purposes shall be wired in
metal raceway, with the exception of communication and signaling.
A) Suspended ceilings luminaire are to be supported by independent support
wires from structure to fixture, including wiring boxes for smaller luminaries
such as exit signs. Luminaires over one foot square foot shall have two
support wires, one on each diagonal corner.
B) Bell ringing transformers shall be accessible and not located in attics.
C) Residential smoke detectors shall be wired to a general wiring circuit, not a
dedicated circuit.
The City of Meridian further adopts Title 1, Chapter 10 "Rules Governing
Certification and Approval of Electrical Products and Materials," of the State of
Idaho, including but not limited to, the right of the City to require independent
certification of circuit wiring for approval.
All provisions herein are effective on final passage and approval and not retroactive.
ELECTRICAL CODE AMENDMENT - 2005 - page 1 of 2
PASSED by the City Council of the City of Meridian, Idaho~ this _ day of
, 2005.
APPROVED by the Mayor of the City of Meridian, Idaho, this _ day of
, 2005,
APPROVED:
MAYOR
ATTEST:
CITY CLERK
ELECTRICAL CODE AMENDMENT - 2005 - page 2 of2
NOTICE AND PUBLISHED SUMMARY
OF ORDINANCE PURSUANT TO I,C, ~ SO-901(A)
CITY OF MERIDIAN ORDINANCE NO, OS-_
PROVIDING FOR AN AMENDMENT MERIDIAN CITY
ELECTRICAL CODE ORDINANCE
An Ordinance of the City of Meridian amending TitlelO, Chapter 3, Section 7 of the
Meridian City Code regarding the electrical code.
A full text ofthis ordinance is available for inspection at City Hall, City of Meridian,
33 East Idaho, Meridian, Idaho. This ordinance shall become effective upon the passage
and publication.
City of Meridian
Mayor and City Council
By: William G. Berg, Jr., City Clerk
First Reading:
Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code
50-902: YES NO
Second Readin~ -
Third Reading:
STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF
SUMMARY OF ORDINANCE NO, 05-
The undersigned, William L.M. Nary, City Attorney ofthe City of Meridian,
Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of
the attached Ordinance No. 05- of the City of Meridian, Idaho, and
has found the same to be true and complete and provides adequate notice to the public
pursuant to Idaho Code S SO-901A (3).
DATED this _ day of October, 2005.
William. L.M. Nary
City Attorney
ELECTRICAL CODE AMENDMENT SUMMARY - Page 1 of 1
CITY OF MERIDIAN ORDINANCE NO.
BY THE CITY COUNCIL: BIRD, DONNELL, ROUNTREE, WARDLE
AN ORDINANCE ENACTING A NEW TITLE 7, CHAPTER 1, SECTION 12,
MERIDIAN CITY CODE MAKING IT UNLAWFUL TO DRIVE IN A NEGLIGENT
MANNER; AND PROVIDING FOR A WAIVER OF THE READING RULES AND
PROVIDING AN EFFECTIVE DATE,
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
MERIDIAN, IDAHO:
Section 1: That Title 7, Chapter I, Section 12, Meridian City Code is hereby enacted to
read as follows:
7-1-12 NEGLIGENT DRIVING
It shall be unlawful for anv person to operate a motor vehicle in a neQJi!.!ent manner over and
alon!.! the hi!.!hwavs streets or allevs of this City. For the pumose of this Section to "operate in a
negligent manner" shall be construed to mean the operation of a motor vehicle in the following
manner;
A. The en!.!a!.!in!.! in anv motor vehicle speed contest or exhibition of speed' and/or
B. Excessive. unreasonable rapid acceleration of a motor vehicle. and/or
c. The operation of a motor vehicle where the operator has less than full control of the speed and
direction of movement of the vehicle. The collision bv a vehicle with anv stationary object shall
be prima facie evidence of a violation of this Section.
Section 2: 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
_ day of ,2005,
APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this
_ day of ,2005.
NEGLIGENT DRIVING - Page 1 of 2
ATTEST:
CITY CLERK
NEGLIGENT DRIVING - Page 2 of 2
MAYOR
NOTICE AND PUBLISHED SUMMARY
OF ORDINANCE PURSUANT TO I.c. ~ 50-901(A)
CITY OF MERIDIAN ORDINANCE NO, 05-_
PROVIDING FOR AN AMENDMENT MERIDIAN CITY
NEGLIGENT DRIVING ORDINANCE
An Ordinance of the City of Meridian amending Title 7, Chapter 1, Section 12 ofthe
Meridian City Code making it unlawful to drive in a negligent manner.
A full text of this ordinance is available for inspection at City Hall, City of Meridian,
33 East Idaho, Meridian, Idaho. This ordinance shall become effective upon the passage
and publication.
City of Meridian
Mayor and City Council
By: William G. Berg, Jr., City Clerk
First Reading:
Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code
50-902: YES_ NO_
Second Reading:
Third Reading:
STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF
SUMMARY OF ORDINANCE NO. 05-
The undersigned, William L.M. Nary, City Attorney of the City of Meridian,
Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of
the attached Ordinance No. 05- of the City of Meridian, Idaho, and
has found the same to be true and complete and provides adequate notice to the public
pursuant to Idaho Code S 50-901A (3).
DATED this _ day of October, 2005.
William. L.M. Nary
City Attorney
NEGLIGENT DRIVING SUMMARY - Page 1 of 1
CITY OF MERIDIAN ORDINANCE NO.
BY THE CITY COUNCIL: BIRD, DONNELL, ROUNTREE, WARDLE
AN ORDINANCE REPEALING AND RE-ENACTING TITLE 7, CHAPTER 1,
SECTION 8, MERIDIAN CITY CODE REGARDING MAKING U-TURNS WITHIN
THE CITY OF MERIDIAN; AND PROVIDING FOR A WAIVER OF THE READING
RULES AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
MERIDIAN, IDAHO:
Section 1: That Title 7, Chapter 1, Section 10, Meridian City Code is hereby repealed
and re-enacted to read as follows:
'7 1 8: V TVR~S:
LRestrietieas: No U tm-a or tblffi re ersiag the ElireetieR eftra, el shall 8e made at an)
iatel'seetiol'l ia hieh "tIe U T1:l:fFl" sigHs are ereeteEl, Hal' at an) interseetisa at hieh there is
a traffie sigHallight, nor at an) plaee other than at afl iRtel'seetisH, Fier l::lFlless there be
s1:}ffieieat spae0 t8 make sueh mra . itheat eael:iHg, Fier unless prior to anEl Eluring saGh tm-a,
the same be sigFialeEl in the manner 1'0Elail'eEl b) state la ..
B.Partial U TI:l:F!l: It shall 8e illegal fer afl:) turn. to be maEle eemmeReing Hem the lane eftraffie
ill hieR a eRiele is mo. ing "RieR erasses tRe epp0site traffie 1aFie ana RieR results in saia
, 0Riele flarkiFig Elf eemiflg te a step efl tRe epflosite siEle Elf the street HElm "ReTe the tuFR
eElmmeFieeEl. (OrEl. 597, 6 6 1n9)
7-1-8: V-TURNS:
A.Restrictions:
1) No V-turn or turn reversing the direction of travel shall be made at or in any
intersection unless specific traffic control devices are posted authorizing such driving maneuver;
or
2) No U-turn or turn reversing the direction of travel shall be made in any other location unless
there is sufficient distance of not less than one hundred (l00) feet of roadway with a clear and
unobstructed view by drivers from either direction, a proper signal is made, and said turn can be
performed safely.
B.Partial V-Turn: It shall be illegal for any turn to be made commencing from the lane of traffic
in which a vehicle is moving which crosses the opposite traffic lane and which results in said
vehicle parking or coming to a stop on the opposite side of the street from where the turn
commenced.
C. For the purposes of this ordinance Ilsafelyll shall mean that it is the responsibility of the party
making the V-turn or turn reversing the direction of travel to establish that this maneuver can be
made with due care to drivers and pedestrians at, adjacent to, or upon the roadway and with due
care in regards to the current conditions of the roadway and driving conditions.
V-TURN ORDINANCE - Page 1 of2
Section 2: That pursuant to the affirmative vote of one-half (1/2) plus one (1) ofthe
Members of the full Council, the rule requiring two (2) separate readings by title and one (I)
reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall
be in full force and effect upon its passage, approval and publication.
PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this
_ day of ,2005,
APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this
_ day of , 2005,
MAYOR
ATTEST:
CITY CLERK
U- TURN ORDINANCE - Page 2 of 2
NOTICE AND PUBLISHED SUMMARY
OF ORDINANCE PURSUANT TO I,C. ~ SO-901(A)
CITY OF MERIDIAN ORDINANCE NO. OS-_
PROVIDING FOR AN AMENDMENT MERIDIAN CITY
U-TURN ORDINANCE
An Ordinance of the City of Meridian amending Title 7, Chapter 1, Section 8 of the
Meridian City Code regarding making V-turns within the City of Meridian.
A full text ofthis ordinance is available for inspection at City Hall, City of Meridian,
33 East Idaho, Meridian, Idaho. This ordinance shall become effective upon the passage
and publication.
City of Meridian
Mayor and City Council
By: William G. Berg, Jr., City Clerk
First Reading:
Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code
50-902: YES NO
Second Readin~ -
Third Reading:
STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF
SUMMARY OF ORDINANCE NO, 05-
The undersigned, William L.M. Nary, City Attorney ofthe City of Meridian,
Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of
the attached Ordinance No, 05- of the City of Meridian, Idaho, and
has found the same to be true and complete and provides adequate notice to the public
pursuant to Idaho Code ~ 50-901A (3).
DATED this _ day of October, 2005,
William. L.M. Nary
City Attorney
V-TURN SUMMARY - Page 1 of 1
CITY OF MERIDIAN ORDINANCE NO,
BY THE CITY COUNCIL: BIRD, DONNELL, ROUNTREE, WARDLE
AN ORDINANCE AMENDING TITLE 2, CHAPTER 3, SECTION 2 OF THE
MERIDIAN CITY CODE REGARDING MEMBERSHIP FOR THE TRAFFIC
SAFETY COMMISSION; AND PROVIDING FOR A SUMMARY; AND
PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING
AN EFFECTIVE DATE
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
MERIDIAN, IDAHO:
Section 1. That Title 2, Chapter 3, Section 2 of the Meridian City Code is amended to
read as follows:
2-3-2: MEMBERSHIP AND TERMS OF OFFICE:
A. Appointment; Terms: The tIraffic s,S.afety e~ommission shall consist of!!J2...1Q. nine
(9) members to be appointed by the mMayor with the consent and approval of the
~eQounciL Members of said commission shall hold office for a period of four (4)
years each and said terms shall be staggered in such a manner so that the terms of not
more than three (3) members shall expire in anyone year. Three (3) of such members
shall hold office for a term of two (2) years, the remainder for four (4) years unless
the appointment specifies a shorter term. Thereafter, the term of office for each
appointive member shall be four (4) years.
B. Membership: Members shall be selected so tha-t there shall al ,a-) is remain ill for the
eQommission from the following different interest grOUps: one Joint School District
No.2 seHGel Elistriet administrator or deshmee, one Emslie erks reflreseRtati. e City
olanning representative oreferablv a Transportation planner, one Ada County
ftHighway d.Qistrict (ACHD) representative, one Q!y police department
representative, one eQity ~ Attornev or Deoutv, and four (4) local citizens.
The four (4) local citizens should, if possible, represent different areas of Meridian:
~ "Old Town" northwest Meridian (from west of Meridian Road to Black Cat
Road and north of the interstate to Chinden Boulevard. excluding "Old Town"),
northeast Meridian (from east of Meridian Road to Eagle Road and north of the
interstate to Chinden Boulevard excluding "Old Town"), and south Meridian (to
include all city limits south of the interstate). Representatives shall serve on the
committee without compensation. (Ord. 04-1076, 5-4-2004)
Section 2.
That pursuant to the affirmative vote of one-half (1/2) plus one (1)
of the Members of the full Council, the rule requiring two (2) separate readings by title
TRAFFIC SAFETY COMMISSION MEMBERSHIP - Page 1 of 2
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 on
2005.
PASSED by the City Council of the City of Meridian, Idaho, this _ day of
, 2005.
APPROVED by the Mayor of the City of Meridian, Idaho, this _ day of
, 2005.
APPROVED:
MAYOR
ATTEST:
CITY CLERK
TRAFFIC SAFETY COMMISSION MEMBERSHIP - Page 2 of2
NOTICE AND PUBLISHED SUMMARY
OF ORDINANCE PURSUANT TO I.C, ~ SO-901(A)
CITY OF MERIDIAN ORDINANCE NO, OS-_
PROVIDING FOR AN AMENDMENT MERIDIAN CITY
TRAFFIC SAFETY COMMISSION ORDINANCE
An Ordinance of the City of Meridian amending Title 2, Chapter 3, Section 2 of the
Meridian City Code regarding membership for the traffic safety commission.
A full text of this ordinance is available for inspection at City Hall, City of Meridian,
33 East Idaho, Meridian, Idaho. This ordinance shall become effective upon the passage
and publication.
City of Meridian
Mayor and City Council
By: William G. Berg, Jr., City Clerk
First Reading:
Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code
50-902: YES_ NO_
Second Reading:
Third Reading:
STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF
SUMMARY OF ORDINANCE NO. 05-
The undersigned, William L.M. Nary, City Attorney of the City of Meridian,
Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of
the attached Ordinance No. 05- of the City of Meridian, Idaho, and
has found the same to be true and complete and provides adequate notice to the public
pursuant to Idaho Code ~ 50-901A (3).
DATED this _ day of October, 2005.
William. L.M. Nary
City Attorney
TRAFFIC SAFETY COMMISSION MEMBERSHIP SUMMARY - Page 1 of I
CITY OF MERIDIAN ORDINANCE NO.
BY THE CITY COUNCIL: BIRD, DONNELL, ROUNTREE, WARDLE
AN ORDINANCE AMENDING TITLE 2, CHAPTER 3, SECTION 2 OF THE
MERIDIAN CITY CODE REGARDING MEMBERSHIP FOR THE TRAFFIC
SAFETY COMMISSION; AND PROVIDING FOR A SUMMARY; AND
PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING
AN EFFECTIVE DATE
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
MERIDIAN, IDAHO:
Section 1. That Title 2, Chapter 3, Section 2 of the Meridian City Code is amended to
read as follows:
2-3-2: MEMBERSHIP AND TERMS OF OFFICE:
A. Appointment; Telms: The t:Iraffic s.s.afety eQommission shall consist of1!1L!Q. nine
(9) members to be appointed by the mMayor with the consent and approval of the
~eQounci1. Members of said commission shall hold office for a period of four (4)
years each and said terms shall be staggered in such a manner so that the tenus of not
more than three (3) members shall expire in anyone year. Three (3) of such members
shall hold office for a tenu of two (2) years, the remainder for four (4) years unless
the appointment specifies a shorter term. Thereafter, the term of office for each
appointive member shall be four (4) years.
B. Membership: Members shall be selected 50 tRat there sRall al ,fi)S refnaia ia for the
eQommission from the followinl! different interest lrrOUDS: one Joint School District
No.2 se-h001 aistriet administrator or desil!l1ee, one 13l:l13lie ,,8Fks re13res8fl{ati ,e City
planning: reoresentative oreferablv a Transoortation planner, one Ada County
flHighway 4Qistrict (ACHD) representative, one.Qlly police department
representati ve, one eQity ~ Attornev or Deoutv and four (4) local citizens.
The four (4) local citizens should, if possible, represent different areas of Meridian:
ekl--tewa "Old Town" northwest Meridian (from west of Meridian Road to Black Cat
Road and north of the interstate to Chinden Boulevard excluding: "Old Town"),
northeast Meridian (from east of Meridian Road to Eagle Road and north of the
interstate to Chinden Boulevard excluding: "Old Town"), and south Meridian (to
include all city limits south of the interstate). Representatives shall serve on the
committee without compensation. (Ord. 04-1076, 5-4-2004)
Section 2.
That pursuant to the affirmative vote of one-half (112) plus one (1)
of the Members of the full Council, the rule requiring two (2) separate readings by title
TRAFFIC SAFETY COMMISSION MEMBERSHIP - Page I of2
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 on
2005.
PASSED by the City Council of the City of Meridian, Idaho, this _ day of
, 2005.
APPROVED by the Mayor of the City of Meridian, Idaho, this _ day of
, 2005.
APPROVED:
MAYOR
ATTEST:
CITY CLERK
TRAFFIC SAFETY COMMISSION MEMBERSHIP - Page 2 of 2
NOTICE AND PUBLISHED SUMMARY
OF ORDINANCE PURSUANT TO I,C. ~ SO-901(A)
CITY OF MERIDIAN ORDINANCE NO, OS-_
PROVIDING FOR AN AMENDMENT MERIDIAN CITY
TRAFFIC SAFETY COMMISSION ORDINANCE
An Ordinance of the City of Meridian amending Title 2, Chapter 3, Section 2 of the
Meridian City Code regarding membership for the traffic safety commission.
A full text ofthis ordinance is available for inspection at City Hall, City of Meridian,
33 East Idaho, Meridian, Idaho. This ordinance shall become effective upon the passage
and publication.
City of Meridian
Mayor and City Council
By: William G. Berg, Jr., City Clerk
First Reading:
Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code
50-902: YES_ NO_
Second Reading:
Third Reading:
STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF
SUMMARY OF ORDINANCE NO. 05-
The undersigned, William L.M. Nary, City Attorney of the City of Meridian,
Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of
the attached Ordinance No. 05- of the City of Meridian, Idaho, and
has found the same to be true and complete and provides adequate notice to the public
pursuant to Idaho Code S 50-901A (3).
DATED this _ day of October, 2005.
William. LM. Nary
City Attorney
TRAFFIC SAFETY COMMISSION MEMBERSHIP SUMMARY - Page 1 ofl
Page 1 of2
CHAPTER 3
TRAFFIC SAFETY COMMISSION
2~3-1: CREATION:
There is hereby created and established a commission to be known as the Meridian traffic
safety commission. (Ord. 208, 6-7-1971)
2~3-2: MEMBERSHIP AND TERMS OF OFFICE:
A.Appointment; Terms: The traffic safety commission shall consist of nine (9) members to
be appointed by the mayor with the consent and approval of the counciL Members of
said commission shall hold office for a period of four (4) years each and said terms shall
be staggered in such a manner so that the terms of not more than three (3) members
shall expire in anyone year. Three (3) of such members shall hold office for a term of
two (2) years, the remainder for four (4) years unless the appointment specifies a
shorter term. Thereafter, the term of office for each appointive member shall be four (4)
years.
B.Membership: Members shall be selected so that there shall always remain in the
commission one school district administrator, one public works representative, one Ada
County highway district representative, one police department representative, one city
prosecutor and four (4) local citizens. The four (4) local citizens should, if possible,
represent different areas of Meridian: old town, northwest Meridian (from west of
Meridian Road to Black Cat Road and north of the interstate to Chinden Boulevard),
northeast Meridian (from east of Meridian Road to Eagle Road and north of the
interstate to Chinden Boulevard), and south Meridian (to include all city limits south of
the interstate). Representatives shall serve on the committee without compensation.
(Ord. 04-1076, 5-4-2004)
2~3-3: VACANCIES:
Vacancies shall be filled by appointment of the mayor, with the consent of the council. (Ord.
208,6-7-1971)
2~3-4: ORGANIZATION:
The commission shall elect its own chairman and secretary, and create and fill such other
offices as it may determine necessary, and adopt such rules as it shall deem necessary to
carry out its purposes. (Ord. 208, 6-7-1971)
2~3-5: MEETINGS:
A.Times For Meetings: The commission shall hold one regular meeting each month for not
less than nine (9) months in each year.
B.Quorum: A majority of the appointive members of the commission shall be necessary to
constitute a quorum at any meeting.
file://C:\DOCUME~ 1 \BERGW~2.MER\LOCALS~ 1 \Temp\2XBFP A5W.htm
10/11/2005
Page 2 of2
C.Open To Public: All meetings shall be open to the public.
D.Records Kept: A written record of its meetings, resolutions, findings and determinations
shall be kept, which shall be a public record.
ERequire Attendance: The commission may require the attendance at any meeting of such
other city officials as it may deem necessary. (Ord. 208, 6-7-1971)
2-3-6: DUTIES:
It shall be the duty of the commission:
A.To recommend and make suggestions to the mayor and council for the adoption of plans
for traffic safety as originally recommended by the national safety council study of 1968,
and as currently recommended in regulations, studies, and recommendations from the
national highway traffic safety institute, the national safety council, and the national
transportation board.
B.To coordinate all Meridian city traffic safety recommendations for incorporation into the
Ada County highway district planning process and the state of Idaho plan as applicable,
and approved by the mayor and council.
C.To make suggestions for projects designed to increase safety in pedestrian and school
traffic in the city and to generally recommend to the mayor and council plans to improve
traffic safety in the entire city.
D.To work collaboratively and to plan for and accommodate growth related to traffic and
traffic safety issues as they apply to the city's comprehensive plan.
E.To receive, review, and act on traffic safety concerns or issues brought forth by citizens
of Meridian, with recommendations to be forwarded to the mayor and council. (Ord. 04-
1076,5-4-2004)
file:/IC:\DOCUME~ 1 \BERGW~2.MER\LOCALS~ 1 \Temp\2XBFP A5W.htm
10/11/2005
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW AND
DECISION & ORDER
In the matter of the Request for Vacation of an Irrigation Easement on Lot 2 Block 1
Bonito Subdivision, by William David Evans,
Case No(s), V AC-05-012
For the City Council Hearing Date of: October 11, 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 October 11, 2005, public
hearing(s). The applicant, affected property owners, and govenunent subdivisions
providing services within the planning jurisdiction ofthe City of Meridian were
given fun 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 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 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
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 MERl DlAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). V AC-OS-012- PAGE I
verified that the property owner(s) of record at the time of issuance of these
findings is Dave Evans Construction, William David Evans.
B. Conclusions of Law
1. Easements shall be vacated in the same manner as streets. {LC. ~ 50-1325}.
2. When a county or highway district desires the abandomnent 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 {LC. ~ 40-203 (6)}.
3. Any person, firm, association, corporation or other legally recognized form of business
desiring to vacate a part of a plat which is inside the boundaries of any City must petition
the City Council to vacate. Any person, persons, firm, association, corporation or other
legally recognized form of business desiring to vacate a plat or any part thereof which is
inside or within one (1) mile of the boundaries of any city must petition the city council
to vacate. Such petition shall set forth particular circumstances of the requests to vacate;
contain a legal description of the platted area or property to be vacated; the names of the
persons affected thereby, and said petition shall be filed with the city clerk. Written
notice of public hearing on said petition shall be given, by certified mail with return
receipt, at least ten (10) days prior to the date of public hearing to all property owners
within three hundred feet (300') of the boundaries of the area described in the petition.
Such notice of public hearing shall also be published once a week for two (2) successive
weeks in the official newspaper ofthe city, the last of which shall be not less than seven
(7) days prior to the date of said hearing; provided, however, that in a proceeding as to
the vacation of all or a portion of a cemetery plat where there has been no interment, or in
the case of a cemetery being within three hundred feet (300') of another plat for which a
vacation is sought, publication of the notice of hearing shall be the only required notice as
to the property owners in the cemetery. When the procedures set forth herein have been
fulfilled, the city council may grant the request to vacate with such restrictions as they
deem necessary in the public interest. In the case of easements granted for gas, sewer,
water, telephone, cable television, power, drainage, and slope purposes, public notice of
intent to vacate is not required. Vacation ofthese easements shall occur upon the
recording of the new or amended plat, provided that all affected easement holders have
been notified by certified mail, return receipt requested, of the proposed vacation and
have agreed to the same in writing. {I.C. ~ 50-1306A (1), (2), (3) and (5)}
4. Pursuant to Meridian City Code ~~ 12-10-1 A and Band 12-10-2 A and B it provides as
follows:
12-10-1
APPLICATION PROCEDURE:
1. Application: Any property owner desiring to vacate an existing subdivision, public right
of way or easement shall complete and file an application with the Administrator. These
provisions shall not apply to the widening of any street which is shown on this
Comprehensive Development Plan, or the dedication of streets, rights of way or
easements to be shown on a recorded subdivision.
CITY OF MERJDIAN FINDINGS OF FACT, CONCLUS.IONS OF LAW AND DECIS.ION & ORDER
CASE NO(S). V AC-OS-OI2- PAGE 2
2. Administrator Action: Upon receipt of the completed application, the Administrator shall
affix the date of application acceptance thereon. The Administrator shall place the
application on the agenda for consideration at the next regular meeting of the
Commission which is held not less than fifteen (15) days after said date of acceptance.
12-10-2
COMMISSION AND COUNCIL ACTION:
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.
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 ~
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.
7. That the City has granted an order of approval in accordance with this Decision, which
shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon
the applicant, the Planning and Zoning Department, the Public Works Department and
any affected party requesting notice.
8. The Applicant is requesting the vacation of the following existing recorded easement
described below:
a. An easement lying on Lot 2 Block 1 Bonito Subdivision as shown in Exhibit A in
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). VAC-OS-OI2- PAGE 3
the attached staff report
9. The Applicant is requesting the vacation ofthe 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 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 petition requesting the vacation of the following existing recorded easements is
hereby granted:
b. An easement lying on Lot 2 Block 1 Bonito Subdivision as shown in Exhibit A in
the attached staff report
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 afFinal 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 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
Oc-l-nb-v ,2005.
11..r& day of
COUNCIL MEMBER SHAUN WARDLE
VOTED~
CITY OF MERIDIAN FfNDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). VAC-05-012- PAGE4
COUNCIL MEMBER CHRISTINE DONNELL
VOTED f!6.f~
COUNCIL MEMBER CHARLIE ROUNTREE
VOTED~
VOTED~A-
COUNCIL MEMBER KEITH BIRD
MAYOR TAMMYdeWEERD
(TIE BREAKER)
VOTED_
Attest:
and City Attorney.
By,1JJt \'ll\. ~ h Q I J\,L..
City Clerk's Office
Dated: l(\JI~"'{)S
CITY OF MERIDIAN FINDiNGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). V AC-05-01 2- PAGE 5
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
STAFF REPORT
City Council Hearing
Hearing Date: October 11, 2005
City Council
SUBJECT:
Michael
Bonito Subdivision Irrigation Vacation
. V AC-05-0 12
TO:
FROM:
Vacate irrigation easement between Lots 2 and 4 of Bonito Subdivision.
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant is requesting that
the City of Meridian consent to the vacation of an irrigation easements recorded as part of Bonito
Subdivision. The irrigation easement has been relocated east of the easement to accommodate
development.
2. SUMMARY OF PLANNING AND ZONING COMMISSION HEARING
· On September 13, 2005, the Planning & Zoning Commission made a recommendation for
approval on the subject application, as reflected in the Clerk's record and the minutes and duly
considered the evidence and the record in this matter.
· Staff presenting application: Joe Guenther presented the application.
· No public testimony was provided.
· It was verified that all easements were recorded and Nampa Meridian Irrigation District
submitted the relinquishment of the portion of the easement to be vacated.
· Key Commission Changes to Staff Recommendation: None.
· Outstanding Issues for City Council:
o None.
3. APPLICATION AND PROPERTY FACTS
a. Site Address/Location:
3041 E. Copperpoint Drive
3NIE20
b. Owner:
William David Evans
5561 N, Glenwood, Boise ill
c. Applicant:
Dave Evans Construction
5561 N. Glenwood, Boise ill
d. Representative: Tim Mokwa, Toothman Orton Eng.
e. Present Zoning: C-G
f. Present Comprehensive Plan Designation: Mixed Use Regional
4, PROCESS FACTS
a. The subject application will in fact constitute a vacation as determined by City
Ordinance. By reason of the provisions of the Meridian City Code Title 12 Chapter 10, a public hearing is
required before the City Council on this matter.
b. Newspaper notifications published on: August 15, 2005 and August 29,2005
c. Radius notices mailed to properties within 300 feet on: August 5, 2005
d. Applicant posted notice on site by: August 23,2005
Bonito Sub Vacation
V AC-05-00 12
PAGE 1
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
5. LAND USE
a. Existing Land Use(s): Vacant, proposed for commercial development
b. Description of Character of Surrounding Area: A mix of existing and future commercial uses
c. Adjacent Land Use and Zoning
1. North: Bonito Subdivision zoned C-CIC-G.
2. East: Bonito Subdivision zoned C-G
3. South: Ridenbaugh Canal, Thousand Springs Subdivision, R-4
4. West: Bonito Subdivision zoned C-G
d. History of Previous Actions: N/A
e. Existing Constraints and Opportunities
1. Public Works
Location of sewer: Western boundary of project in common drive.
Location of water: Western boundary ofproject in common drive.
Issues or concerns: Need new easements prior to vacating the existing
easements.
2. Vegetation: NA
3. Flood plain: NA
4. Canals/Ditches Irrigation: Ridenbaugh Canal, south of site
5. Hazards: NA
6. Proposed Zoning: C-G
7. Size of Property: NA
8. Description of Use: Future commercial development
8. ANALYSIS
a. Analysis of Facts Leading to Staff Recommendation
1. An existing easement was recorded with Bonito Subdivision for access and pipes to
the existing irrigation/pump house facility, the property has been re-subdivided as
Bonito #3 Subdivision and the access points were relocated 20 feet east of the lot line
of Lot 2 Block 1 of Bonito Subdivision. Staff finds that the vacation of the easements
will promote the continued development of the site and will promote the best interests
of the City of Meridian.
b. Staff Recommendation: Staff recommends approval of the subject Vacation application.
9. PROPOSED MOTION
Approve
I move to approve File Number V AC-05-012 as presented in the staff report for the hearing date
of October 11, 2005.
Deny
I move to deny File Number V AC-050-0 12 as presented in the staff report for the hearing date of
October 11, 2005, for the following reasons: (you must state specific reasons for denial. They should
address how the applicant might re-do the application to gain your approvaL)
11. EXHIBITS
A. Drawings
1. Areas to be vacated, with new irrigation easement shown.
B. Conditions of Approval
Bonito Sub Vacation
V AC-05-00 12
PAGE 2
CITY OF MERIDIAN PLANNINGAr,m ZONING DEPARTMENT STAFF REPORT. QDt.STIONS? CALL (208) 884-5533
1. Planning Depmtment
2. Public Works Department
Bonito Sub Vacation
V AC-05-00 12
PAGE 3
(c
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
A Drawings
1. Areas to be vacated
~lJllc~Occ~OOS liON lL2P rA~ ~
HF';J~~;:..)tlOO,\ .t1~?M Too,,"hm"n Or-eon CnG.... Co. 2oa-323~1'9:..~35 Pc 11
EXHIBIT "8"
PROf'OSED IRRIGATION EASEMENT VACATION
PROPOSED NEW IRRIGATION EASEMENTS
SliUATED IN
LOT 2, SLOCK 1, BONITo SUElOIVISION
e: 1/2 SECTION 20. 'roWNSHI? J NORTH, RANGE 1 EAST, B.M
~U? CITY OF MERIDIAN, ADA COUNTY IOAHO
CJC>O""~4 A
;:47> .o~
,J~.
~ CJ
~:bO~ /2-
TOO'IHl.iAN-ORTON" ErNGlNEERTN'(; co.
;~ir~~~~ BoVL!.',s~~V~~~E. ,01'.110 &~~~!
,"HOHE, ~OS~323-22~S . FAX: 2ca-J2J-2J"
[.~_Iir 1m ~.i:CtJt~"1 ~tiQl~~-U /.1iH11t7
A - I
(
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QtJ.t:STIONS? CALL (208) 884-5533
Conditions of Approval
1. Planning Department
No Comments.
2. Public Works Department
2.1 Prior to City Council, the applicant shall submit to the Public Works Department the new
easements that accurately depict and protect the existing facilities.
B - ]
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW AND
DECISION & ORDER
In the Matter of a request to Rezone 71.24 acres from I-L (Light Industrial) to C-G
(General Service and Retail Commercial), by City of Meridian.
Case No(s): RZ- 05-018
For the City Council Hearing Date of: October 11,2005
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 ofpublic 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 October 11, 2005, public
hearing(s). The applicant, affected property owners, and govemment 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
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). RZ-05-0 18 - PAGE I of3
a. In addition to the application and property facts noted in the staff repOlt and the
Plmming & Zoning Recommendation for the subject application(s), it is hereby
verified that there are several property owners of record at the time of issuance of
these findings.
4. Required Findings per Zoning and Subdivision Ordinance
a. See Exhibit A for the findings required for this application.
B. Conclusions of Law
1. The City of Meridian shall exercise the powers confen-ed 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
cun-ent 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 c01111nent(s) received ii'OlTI 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 and the Site Specific
and Standard Comments in Exhibit A. 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:
1. The Site Specific and Standard Comments are as shown in Exhibit A.
CITY OF MERIDIAN FrNDlNGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). RZ-05-0 18 - PAGE 2 of 3
E. Notice afFinal 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
conceming 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 goveming 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: Staff Report
BJ:ilcti911 of the City Council at its regular meeting held on the
C/Gf19~ ,2005.
/ ;-I!:- day of
COUNCIL MEMBER SHAUN WARDLE
VOTED~
VOTED /l1::>~
VOTED~
VOTED~
V&T-ED
COUNCIL MEMBER CHRISTINE DONNELL
COUNCIL MEMBER CHARLIE ROUNTREE
COUNCIL MEMBER KEITH BIRD
MAYOR TAMMY de WEERD
(TIE BREAKER)
/O-;B-tJf)
Dated:
CITY OF MERJDlAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). RZ-05-0 18 - PAGE 3 of3
CITY OF MERIDIAN PLANNING DEPARTMENT STAPF REPORT. QUESTIONS? CALL (208) 884-5533
STAFF REPORT
City Council Hearing
Hearing Date: 10/11/2005
Mayor, City Council
Josh Wilson, Associate City Planner
Meridian Crossroads/Presidential/Reagan Rezone
. RZ-05-0 18
Rezone of71.24 Acres from I-L to C-G
TO:
FROM:
SUBJECT:
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, the City of Meridian, has applied for a rezone (RZ) of 71.24 acres from I-L (Light
Industrial) to C-G (General Service and Retail Commercial). The site is located at the southeast corner of
N. Eagle Road and E. Fairview Avenue. This site is currently a commercial development with retail
stores, restaurants, and vacant land for future commercial development. Portions of the site have been
previously platted as Presidential and Reagan Subdivisions and portions of the site have not been platted.
2. SUMMARY RECOMMENDATION: The Meridian Planning and Zoning Commission heard the
item on September 15, 2005. At the public hearing they moved to recommend approval.
a.Summary of Public Hearing:
i. In favor: Andy Simons.
ii. In opposition: None.
iii. Commenting: None.
iv. Staff presenting application: Josh Wilson.
v. Other staff commenting on application: None.
b.Key Issues of Discussion by Commission:
i. None.
c.Key Commission Changes to Staff Recommendation:
i. None.
d.Outstanding Issue(s) for City Council:
i. None.
3. APPLICATION AND PROPERTY FACTS
a. Site Address/Location:
SE corner ofN. Eagle Rd. and E. Fairview, from Pine Avenue to Records Street
3NIE9
b. Owner: NA
c. Applicant:
City of Meridian
33 E. Idaho Street
Meridian, Idaho, 83642
d. Representative: N/ A
e. Present Zoning: I-L
f. Present Comprehensive Plan Designation: Commercial
<File Numbers To Be Added By Planner>
PAGE I
(
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884.5533
g. Applicant's Statement/Justification (from the submittal material):
In early 1991, the subject propelty received approval fi'om the City of Meridian for a Plmmed
General Development (PD-G), which allowed a mix of conunercial and industrial uses on the
east and west sides of Eagle Road, south of Fairview Avenue. The properties on the west side
of Eagle Road have, for the most part, developed as industrial properties under the PD-G. The
properties on the east side have conversely developed in a strictly commercial nature and
contain uses which are more congruent with a commercial zone. The proposed zoning
amendment is desirable because the 2002 Comprehensive Plan has since determined that the
appropriate development on the subject property is "Commercial", which is defined as: "a full
range of commercial and retail to serve area residents and visitors. Uses may include retail,
wholesale, service and office uses, multi-family residential, as well as appropriate public uses
such as government offices. Rezoning the property from I-L to C-G (General Retail and
Service Commercial) will align the zoning with the current and intended character of the area.
The necessity of the zoning amendment revolves around the fact that the current zoning is
incongruent with the current and intended character of the area. The proposed zoning
amendment will be harmonious with the adjacent properties which have already, or are
anticipated to develop with uses similar to those allowed in the C-G zone.
4. PROCESS FACTS
a. The subject application will in fact constitute an annexation and/or rezone as determined by
City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 16, a
public hearing is required before the City Council on tIns matter.
b. Newspaper notifications published on: August 29, 2005 and September 12,2005 for Planning
& Zoning Commission meeting, and September 19, 2005 and October 3,2005 for City
Council meeting.
c. Radius notices mailed to properties within 300 feet on: August 19, 2005 for Planning and
Zoning Commission meeting, and September 16, 2005 for City Council meeting
d. Applicant posted notice on site by: August 30, 2005 for Planning & Zoning meeting, and
October 1, 2005 for City Council meeting.
5. LAND USE
a. Existing Land Use(s): Shopping Center with retail stores and restaurants, and vacant land
b. Description of Character of Surrounding Area: Commercial, residential and office properties
c. Adjacent Land Use and Zoning
1. North: Vacant land, zoned RUT (Ada County)
2. East: Crossroads Subdivision, zoned R-4 and commercial properties, zoned C-C.
3. South: Crossroads Subdivision, zoned R-4 and vacant lands, zoned l-L.
4. West: Commercial properties, zoned l-L.
d. History of Previous Actions: N/A
e. Existing Constraints and Opportunities
1. Public Works
Location of sewer: Existing to buildings.
Location of water: Existing to buildings.
<File Numbers To Be Added By Planner> PAGE 2
CITY OF MERIDIAN
DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
Issues or concerns: No concerns.
2. Vegetation: Mature landscaping around businesses.
3. Flood plain: NA
4. Canals/Ditches Irrigation: None on site.
5. Hazards: None on site.
6. Proposed Zoning: C-G
7. Size of Property: 71.24 acres
8. Description of Use: Conunercial
1. Proposed and Required Non-Residential Setbacks:
C-G
Setbacks Required
Street front 15
Street side 0
Side 0
Rear 0
Frontage 0
Maximum height 40'
Maximum coverage 70%
m. Summary of Proposed Streets and/or Access (private, public, common drive, etc.):
There are existing accesses to the site from Pine Avenue, Eagle Road and Fairview Avenue.
No new accesses are proposed with the application and any new accesses in the future must be approved
by the Idaho Transportation Department and ACHD.
7. COMPREHENSIVE PLAN POLICIES AND GOALS
The subject property is designated on the Comprehensive Plan Future Land Use Map as "Commercial".
The Comprehensive Plan defines Commercial as: "This designation will provide a full range of
commercial and retail to serve area residents and visitors. Uses may include retail, wholesale, service and
office uses, multi-family residential, as well as appropriate public uses such as govenunent offices.
Within this land use category, specific zones may be created to focus commercial activities unique to their
locations. These zones may include neighborhood commercial uses focusing on specialized service for
residential areas adjacent to that zone."
The following Comprehensive Plan policies support the proposal (with staff analysis in italics):
· Designate land areas for variety of use (high density, low density, residential,
commercial, industrial, etc.) by adopting the Future Land Use Map (Chapter VII. Goal II,
Objective A, Action 4).
The Future Land Use Map designates the subject property as Commercial. The current
designation as Light Industrial is consistent with the Future Land Use Map.
· Amend the zoning ordinance and map to implement the provisions of this plan (Chapter
VII, Goal II, Objective A, Action 5).
<File Numbers To Be Added By Planner>
PAGE 3
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
The current zoning of the property as Light Industrial is not consistent with the current and
intended use of the property or the Future Land Use Map.
8. ZONING ORDINANCE
a. Zoning Schedule of Use Control: Meridian City Code 11-2-1 lists retail and restaurants as
pennitted uses in the CoG zoning district.
b. Purpose Statement of Zone: C-G General Retail And Service Conunercial District: The
purpose of the C-G district is to provide for conunercial uses which are customarily operated
entirely or almost entirely within a building; to provide for a review ofthe impact of proposed
commercial uses which are auto and service oriented and are located in close proximity to
major highway or arterial streets; to fulfill the need of travel-related services as well as retail
sales for the transient and permanent motoring public. All such districts shall be cOlmected to
the municipal water and sewer systems of the city, and shall not constitute strip commercial
development and encourage clustering of commercial development.
9. ANALYSIS
a. Analysis of Facts Leading to Staff Recommendation
1. RZ Application: Staff finds that the proposed zoning amendment is in the best interest of the
city because the 2002 Comprehensive Plan designates the subject property as "Commercial",
which is defined as: "a full range of commercial and retail to serve area residents and visitors.
Uses may include retail, wholesale, service and office uses, multi-family residential, as well as
appropriate public uses such as govemment offices." Rezoning the property from I-L to C-G
(General Retail and Service Commercial) will align the zoning with the current and intended
character of the area. The necessity of the zoning amendment revolves around the fact that the
CUlTent zoning is incongment with the CUlTent and intended character of the area. The
proposed zoning amendment will be hannonious with the adjacent properties which have
already, or are anticipated to develop with uses similar to those allowed in the C-G zone.
10. PROPOSED MOTION
Approve
I move to approve File Number RZ-05-0 18 as presented in the staff report for the hearing date of
September 15, 2005 with the following modifications to the conditions of approval: (add any proposed
modifications)
Deny
I move to deny File Number RZ-05-0l8 as presented in the staff report for the hearing date of
September 15, 2005 for the following reasons: (you must state specific reasons for denial. They should
address how the applicant might re-do the application to gain your recommendation for approval.)
11. EXHIBITS
A. Conditions of Approval
1. Planning Department
2. Public Works Department
3. Fire Department
4. Police Department
5. Parks Department
6. Sanitmy Service Company
<File Numbers To Be Added By Planner>
PAGE 4
(
CITY OF MERIDIAN PLANNING DEPARTMENT STAPF REPORT. QUESTIONS? CALL (208) 884-5533
7. Ada County Highway District
B. Legal Description
C. Required Findings from Zoning Ordinance
<File Numbers To Be Added By Planner>
PAGE 5
CITY OF MERIDIAN
DEPARTMENT STAFF REPORT.
A. Conditions of Approval
I. Planning Department
None.
2. Public Works Department
None.
3. Fire Department
None.
4. Police Department
None.
S. Parks Department
None.
6. Sanitary Service Company
None.
7. Ada County Highway District
None.
A - I
CALL (208) 884-5533
CITY OF MERIDIAN PLAN~ING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
C. Legal Description
RE-ZONE BOUNDARY DESCRIPTION
FOR
THE CITY OF MERIDIAN, ADA COUNTY, IDAHO
A paree/localed in the NW Y-, of Section 9, Township 3 North, Range I East, Boise Meridian.
Ada County, Idaho, more particularly described as follows:
BEGINNING at a brass cap monument marking the northwesterly corner of said NW Y. from
which n 5/8 inch diameter iron pin marking the northeasterly comer of said NW Y. bears
S 89022' 10" E a distance 0[2659.63 feet;
Thence S 89022' 10" E along the norlJlerly boundary of said NW V4 a distance of 2023.49 feel to
a point on the centerline of Records Avenue;
Thence along said centerline the lollowing described courses;
Thence leaving said northerly boundary S 0025"00" W a distance of 741.14 feet to a
poinl;
Thence a dislance of 72.37 feet along the arc of a 17l.75 fool radius curve left, said
curve having a central angle of 24008'33" and a tong chord bearing S 11039' IT' E a
distance of 71.84 feel 10 n point;
Thence a distance of 73.65 feet along the arc of a 203.6J foot radius curve right, said
curve baving a central angle of 20043 '27" and a long chord bearing S 13021 '49" E n
dislance of73.25 feel to a poinl;
Thcnce leaving said centerline N 89035'00" W a distance of] 049.60 feet to a point;
Thence S 1"08'45" W a distance of 62.50 feet to a point;
Thence N 88051' 15" W a dislanee of287.81 leet to a point;
Thence S 1008'45" W a distance of I073.50 feel to a point on the southerly boundary of said
NW'I.;
Thence N 89020' 42" W a distance of 729. 77 feel to a brass cap marking the southwesterly corner
of said NW 'I.;
Thence N 1008'42" E a distancc of 2649.45 feet to lhe POINT OF BEGINNfNG.
This parcel contains 71 .24 acres.
Prepared by: Glenn K. Bennett, PLS
Civil Survey Consultants, incorporated
June 15, 2005
C - I
CITY OF MERIDIANPLAN~ING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
SKETCH TO ACCOMPANY DESCRIPTION FOR THE
CITY OF MERI1JIAN BE-ZONE OF A PART OF THE NW 1/4 OF
SECTION 9, TOWNSHIP 3 NORTH. RANGE 1 EAST. BOISE MERI.D~
ADA COUNTY; IlJAHO.
POINT OF
BECINNING
54
89
FAlRVlEW At.1:iVUE
1/4
~
O'i
~
<\r
N 89:]5'00. W f049.(iO'
Y,,'rS\
QS 0\'
cp'f. 06'
~Y; s..:r<P
-<.,iY" '0
;?\."r
,/'
s r08'45. W
62.50 '
N 88'51 'f5. W
287.81 '
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PINE AVENUE
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C - 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
D. Required Findings from Zoning Ordinance
1. Annexation and Zoning Findings:
The commission and council shall review the particular facts and circumstances of each proposed zoning
amendment in tenus 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 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;
See Comprehensive Plans and Policies as listed in staff repOIt item #7 above. City Council
supports the zoning and finds the proposal is in accordance with the Comprehensive Plan.
B. Is the area included in the zoning amendment intended to be rezoned in the future;
City Council does not anticipate that the applicant intends to rezone the subject 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;
City Council finds that the property has developed in a fashion which is incongruent with the
current zoning and that the proposed rezone would align the zoning of the property with current
and intended nature of the property. The current use of the property as a shopping center with
retail stores and restaurants is consistent with allowed uses in the proposed zone.
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;
City Council finds that the current use of the property as a shopping center with retail stores and
restaurants is consistent with allowed uses in the proposed zone and is of a nature that is
consistent with current and anticipated surrounding development.
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;
City Council believes that the existing parcels in the area have already developed in a nature that
is harmonious and appropriate to the proposed zone. City Council also finds that the proposed
zoning and the associated uses can be designed and constructed in a manner that will be
ham10nious with, and appropriate in appearance with, the existing and intended character of the
surrounding area. City Council does not find that the proposed zoning/uses will adversely change
the essential character of area.
F. Will the proposed uses Dot be hazardous or disturbing to existing or future neighboring
uses;
D-I
( (
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
City Council does not anticipate that the proposed rezone will be hazardous as long as the
remaining vacant lands are developed in a manner consistent with City Code.
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 fo.' the establishment of proposed zoning amendment
shall be able to provide adequately any of such services;
City Council finds that the public services listed above currently exist on the site and are
available to accommodate any future development. The Commission and Council should
reference any written and/or verbal testimony submitted by any public service provider, regarding
their ability to adequately service this project.
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;
The primary public costs to serve the future developments will be fire and police facilities and
services. City Council finds there will not be excessive additional requirements at public cost and
that the proposed zoning and subsequent development will not be detrimental to the community's
economic welfare.
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
welfa.'e by reason of excessive production of traffic, noise, smoke, fumes, glare or odors;
City Council finds that the existing and anticipated uses on this site will not involve uses that will
create nuisances that would be detrimental to the general welfare of the surrounding area. City
Council does not anticipate the proposed rezone and subsequent uses will create excessive traffic,
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;
There are existing accesses to the site from Pine Avenue, Eagle Road and Fairview Avenue. No
new accesses are proposed with the application and any new accesses in the future must be
approved by the Idaho Transportation Department and ACHD.
K. Will not result in the destruction, loss or damage of a natural or scenic feature of major
importance; and
City Council finds that the proposed rezone will not result in the destruction, loss or damage of
any natural feature(s) of major importance if developed under these conditions.
L. Is the proposed zoning amendment in the best interest of the City of Meridian. (Ord. 592,
11-17-1992)?
The C-G zoning amendment will align the zoning of the property with the current and intended
nature of development on the property. City Council finds that all essential services are available
or will be provided by the developer to the subject property and will not require unreasonable
D -2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
expenditure of public funds. In accordance with the findings listed above, Citv Council finds that
rezoning this orooertv would be in the best interest of the City.
D - 3
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW AND
DECISION & ORDER
In the Matter of Annexation and Zoning of 10.15 Acres from RUT (Ada County) to R-8
(Medium Density Residential) AND Preliminary Plat Approval of Forty-Seven (47)
Residential Lots and Ten (10) Common Lots on 10.15 Acres AND Conditional Use Permit
for a Planned Development that Includes Reductions to the Minimum Lot Size, Street
Frontage, and Setbacks of the R-8 Zone, for Woodburn Subdivision, by Centennial
Development, LLC.
Case No(s): AZ-05-041, PP-05-041, CUP-05-042
For the City Council Hearing Date of: October 11, 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 boundalies of the property. The notice of public hearing before the
City Council was posted upon the propelty under consideration more thml 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 October 4,2005, 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 PI aIming 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.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-05-041 / PP-05-04 I / CUP-05-042- PAGE I of 4
3. Application and Propeliy Facts
a. In addition to the application and property facts noted in the staff repOli and the
Planning & Zoning Recommendation for the subject application(s), it is hereby
verified that the propelty owner(s) of record at the time of issuance of these
findings is Oscar Paulson.
4. Required Findings per Zoning and Subdivision Ordinance
a. See attached Staff Report 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] 1 and 12, Melidian City Code, and all
CUlTent 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
S 11-] 7-9.
4. Due consideration has been given to the comment(s) received fi'om the governmental
subdivisions providing services in the City of Meridian plmmingjurisdiction.
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 Plmming Department, the Public Works Department and any affected
party requesting notice.
7. That this approval is subject to the Legal Descriptions in the attached StaffRepOli, the
Preliminary Plat dated July 10, 2005 as shown in the attached StaffRepOlt, the Site
Plan dated July 10, 2005 as shown in tile attached Staff Report, the Preliminary Plat
Conditions as shown in the attached Staff Report, and the Conditional Use Permit
Conditions as shown in the attached Staff Report. The conditions are concluded to be
reasonable and the applicant shall meet such requirements as a condition of approval of
the applications.
C. Decision and Order
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NOeS). AZ-05-04 I / PP-05-04 I I CUP-05-042- PAGE 2 of 4
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 10,2005 is hereby conditionally approved;
2. The applicant's Site Plan as evidenced by having submitted the Site Plan dated July
10, 2005; and,
3. The Site Specific and Standard Conditions are as shown in the attached Staff Report.
D. Notice of Applicable Time Limits
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 offinal 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.)
2. Notice of Eighteen (18) Month Conditional Use Pennit Duration
Please take notice that the conditional use pelmit shall be valid for a maximum period
of eighteen (18) months unless otherwise approved by the council. During this time,
the pennit holder must COlllinence the use as pennitted in accordance with the
conditions of approval, satisfy the requirements set forth in the conditions of approval,
acquire building pennits and commence construction of penn anent 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 plior 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 ofthe future phases shall be null and void.
(MCC 11~17-4.B.)
E. Notice of Final Action and Right to Regulatory Takings Analysis
I. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may
request a regulatory taking analysis. Such request must be in writing, and must be filed
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-05-0411 PP-05-04 I I CUP-05-042- PAGE 3 of 4
with the City Clerk not more than twenty-eight (28) days after the final decision
conceming 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 ofthe City of
Meridian, pursuant to Idaho Code ~ 67-6521 an affected person being a person who has
an interest in real propeliy 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.
F. Exhibits
Exhibit A: Staff RepOlt
By action of the City Council at its regular meeting held on the
t/(h~--, 2005.
/ /-I!:-- day of
COUNCIL MEMBER SHAUN WARDLE
VOTED~
VOTED ~~
VOTED~
VOTED~
VO
COUNCIL MEMBER CHRISTINE DONNELL
COUNCIL MEMBER CHARLIE ROUNTREE
COUNCIL MEMBER KEITH BIRD
MAYOR TAMMY de WEERD
(TIE BREAKER)
Dated:
JD-I~-o~
CITY OF MERIDIAN FINDlNGS OF FACT, CONCLUSIONS OF LA W AND DECISION & ORDER
CASE NO(S). AZ-05-04 I / PP-05-041 / CUP-05-042- PAGE 4 of 4
ST AFF REPORT
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
TO
FROM:
SUBJECT
Meridian City Council
Hearing Date: 9/15/2005
City Council
Craig Hood, Associate City Planner
Woodbul11 Subdivision
AZ-05-041
Atmexation and zoning of 10.15 acres from RUT (Ada County) to R-8
(Medium Density Residential).
PP-05-041
Preliminary plat including 47 residential lots and
10 conunon lots on 10.15 acres.
CUP-05-042
CUP/PD includes reductions to the minimum lot size, street
frontage and setbacks of the R-8 zone.
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Centennial Development, LLC, has applied for Annexation and Zoning (AZ), Preliminary
Plat (PP), and Conditional Use Permit for a Planned Development (CUP/PD) approval of 47 building lots
and 10 common/other lots on 10.15 acres. The site is located on the west side of Venable Lane,
approximately 600 feet north of Us tick Road. Tllis site is currently rural residential with one single-family
residential building and accessory buildings. The site has not been previously platted.
2. SUMMARY RECOMMENDATION: The subject property is within the Urban Service Planning
Area. The subject applications (AZ, PP, and CUP/PO) were submitted to the Planning & Zoning
Department for concurrent review. Staff has provided a detailed analysis and conditions of approval for
the requested annexation and zoning, preliminary plat, and conditional use permit applications below. The
Meridian Planning and Zoning Commission heard the item on September 15, 2005. At the public
hearing the Plannin!l & Zonin!l Conunission voted to recommend approval of the oroposed Woodbul11
Subdivision submitted as AZ-05-041 PP-05-041 and CUP-05-042 with the conditions of approval as
outlined in this report.
a. Summary of Public Hearing:
i. In favor: Shawn Nickel (Applicant's Representative)
ii. In opposition: Shane Baker, Katie Baker
iii. Commenting: None
iv. Staff presenting application: Craig Hood
v. Other staff commenting on application: None
h. Key Issues of Discussion by Commission:
i. Density and zoning ofthe subject property and adjacent propelties.
c. Key Commission Changes to Staff Recommendation:
None
d. Outstanding Issue(s) for City Council:
None
3. APPLICATION AND PROPERTY FACTS
a. Site Address/Location:
Woodburn Subdivision AZ-05-04I, PP-05-041, CUP-05-042
PAGE I
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CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
840 W. Us tick Road / west of Venable Lane, north of Us tick Road, within 4NIW36
b. Property Owner of Record:
Oscar Paulson
9139 Covey Hill Court
Boise, Idaho 83709
c. Applicant:
Centennial Development
36 E. Pine Street
Meridian, Idaho 83642
d. Representative:
Shawn Nickel, Land ConsuLtants, Inc.
e. Present Zoning: COUNTY
f. Present Comprehensive Plan Designation: Mixed Use--Community
g. Description of Applicant's Request: The applicant is requesting concurrent approval for
annexation and zoning of the subject 10.15 acres to R-8, preliminary plat approval of 47
buildable lots, and conditional use permit approval for a planned development with reductions
to the minimum lot size, street frontage and setbacks of the R-8 zone. The applicant is
proposing 24 attached lots and 23 detached single-family lots. A gross density of 4.63
dwelling units per acre is proposed. As amenities, the applicant is proposing usable open space
in excess of 13 percent of the site, playground equipment and a picnic area on Lot 13, Bock 3,
and an internal pathway system. Access to the development is proposed from Venable Lane to
the east and via an existing stub street from Sienna Creek Subdivision to the north.
1. Date of preliminary plat (attached as Exhibit AI): 07/10105
2. Date of CUP site plan (attached as Exhibit A2): 07110105
3. Date oflandscape plan (attached as Exhibit A3): 07/11105
h. Applicant's Statement/Justification (see Applicant's Submittal Letter): Shawn Nickel,
representing Centennial Development, LLC., states that this development is being submitted
under the guidelines set forth in the Melidian Zoning Ordinance. This development meets the
purpose statement for a PD by providing a development that preserves scenic features,
provides a more efficient pattern of residential uses, fosters hmovative design concepts and
provides for both common open space and amenities not found in traditional developments.
Two housing types have been provided within this development. These housing types include
standard single-family detached dwellings and attached dwellings (townhouses). The proposed
density is in compliance with the intent of the Comprehensive Plan Future Land Use Map. The
requested zoning is in compliance with the City's Comprehensive Plan and will benefit the
public interest by providing a mix of desirable housing needs to this area of the City while
allowing for the continued improvement and expansion of city services and an increase in the
City's tax base. Woodburn Subdivision will be a quality and compatible addition to this area
of Meridian.
4. PROCESS FACTS
a. The subject application will in fact constitute an annexation and rezone as determined by City
Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 16, a
Woodburn Subdivision AZ-05-04I, PP-05-041, CUP-05-042
PAGE 2
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
public hearing is required before the City Council on this matter.
b. The subject application will in fact constitute a preliminary plat as determined by City
Ordinance. By reason of the provisions of the Meridian City Code Title 12 Chapter 3, a public
hearing is required before the City Council on this matter.
c. The subject application will in fact constitute a conditional use as detennined by City
Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 17, a
public heming is required before the City Council on this matter.
d. Newspaper notifications published on: August 29, 2005 and September 12, 2005 for
Plmming & Zoning COImnission meeting, and September 19, 2005 and October 3,2005 for
City Council meeting.
e. Radius notices mailed to properties within 300 feet on: August 19, 2005 for Plaillling &
Zoning Commission meeting, and September 16, 2005 for City Council meeting.
f. Applicant posted notice on site by: August 5, 2005 for Planning & Zoning meeting, and
October 1,2005 for City Council meeting.
5. LAND USE
a. Existing Land Use{s): Rural residential.
b. Description of Character of Surrounding Area: Rural residential, transitioning to urban
residential with the recent approvals of Baldwin Park Subdivision, Sieillla Creek Subdivision,
and the Cedar Springs Subdivisions.
c. Adjacent Land Use and Zoning:
1. North: Approved Sieillla Creek Subdivision, zoned R-8
2. East Future School site, zoned R-4
3. South: Rural Residential, zoned RUT (Ada County)
4. West: Rural Residential, zoned RUT (Ada County)
d. History of Previous Actions: N/A
e. Existing Constraints and Opportunities:
1. Public Works (Mike Cole, Development Services Coordinator)
Location of sewer: N. Venable Lane
Location of water: N. Venable Lane
Issues or concerns: Sewer needs to be routed to and through.
2. Vegetation: There is at least one existing tree near Venable Lane that should either
be preserved or mitigated for. The rest of the site is primarily used for agricultural
purposes.
3. Flood plain: N/ A
4. Canals/Ditches Irrigation: There is one iiTigation ditch that bisects this property.
The applicant is proposing to cover this ditch.
5. Hazards: Staff is not aware of any potential hazards on this site.
6. Proposed Zoning: R-8 (Medium Density Residential)
7. Size of Property: 10.15 acres
Woodburn Subdivision AZ-05-041, PP-05-041, CUP-05-042
PAGE 3
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
8. Description of Use: Single-family and agricultural
f. Subdivision Plat Information:
1. Residential Lots: 47
2. Non-residential Lots:
3. Total Building Lots: 47
4. Common Lots: 10
5. Other Lots:
6. Total Lots: 57
7. Residential Area: 10.15 acres
8. Gross Density: 4.63 units per acre
g. Landscaping:
1. Width of street buffer(s): A 20-foot wide street buffer is proposed along Venable
Lane, a collector street. City Code requires a 20-foot wide buffer along collector
streets (MCC 12-13-10-4). Street buffers are not required on any of the internal, local
streets.
2. Width ofbuffer(s) between land uses: N/A
3. Percentage of site as open space: The total common areas account for 1.68 acres
(16.6%) of the property. Usable open space areas include 1.35 acres (13.3%).
h. Conditional Use Information:
1. Non-residential square footage: N/ A
2. Proposed building height: Maximum 35-feet per R-8 zone
3. Percentage of site devoted to building coverage: N/ A
4. Percentage of site devoted to landscaping: 1.68 acres
5. Percentage of site devoted to paving: Unavailable
6. Percentage of site devoted to other uses: Unavailable
7. Number of Residential units: 47
i. Planned Development Characteristics: 24 townhouse units and 23 detached single-
family homes proposed.
j. Amenities: 16% open space, playground equipment and picnic area, walking paths.
k. Proposed and Required Residential Standards:
R-8 (detached)
Setbacks (in feet) Proposed Required
Front Living Area 15 15
Side Accessed Garage 20 20
Front Accessed Garage 15 15
Street side 20 20
Woodburn Subdivision AZ-05-041, PP-05-04 I, CUP-05-042
PAGE 4
CITY OF MERJDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
Side 5 5
Rear 15 15
Frontage 50 65
Lot Size 5000 6500
R-8 (attached)
Setbacks (in feet) Proposed Required
Front Living Area ] 5 ]5
Side Accessed Garage 20 20
Front Accessed Garage 15 15
Street side 20 20
Side 0
Rear 15 15
Frontage 28 40
Lot Size 3600 4000
L Proposed Non-Residential: N/A
m. Summary of Proposed Streets and/or Access: All internal streets are proposed as
public. Except for along the entrance street, all sidewalks are 4 feet wide and are detached
from the curb with a 5-foot wide planter strip. Please see the Analysis section of this repOlt for
details on the proposed street sections and sidewalks. For a detailed report on the public streets
and access points to public streets, please the attached Exhibit B.
6. COMMENTS MEETING
On August 26,2005 Planning staff held an agency comments meeting. The agencies and
departments present include: Meridian Fire Department, Meridian Police Department, Meridian
Parks Department, Meridian Public Works Department, and the Sanitmy Services Company. Staff
has induded all comments and recommended actions as Conditions of Approval in the attached
Exhibit B.
7. COMPREHENSIVE PLAN POLICIES AND GOALS
Staff finds the following Comprehensive Plan policies to be applicable to this property and apply
to the proposed development (staff analysis in italics below policy):
· Require that development projects have plmmed for the provision of all public services.
(Chapter VII, Goal III, Objective A, Action 1)
When the City established its Area of City Impact, it planned to provide City services to the
subject property. The City of Meridian plans to provide municipal services to the lands
proposed to be annexed in the following manner:
Sanitmy sewer and water service will be extended to the project at the
developer's expense.
The subject lands currently lie within the jurisdiction of the Meridian Rural Fire
District. Once annexed the lands will be under the jurisdiction of the Meridian
City Fire Department, who currently shares resource and personnel with the
Meridian Rural Fire Department.
Woodburn Subdivision AZ-05-04 I, PP-05-041, CUP-05-042
PAGE 5
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
The subject lands currently lie within the jurisdiction of the Ada County Sheriff's
Office. Once annexed the lands will be serviced by the Meridian Police
Departlnent (MPD).
The roadways adjacent to the subject lands are currently owned and maintained
by the Ada County Highway District (ACHD). This service will not change.
The subject lands are currently serviced by the Meridian School District #2. This
service will not change.
The subject lands are currently serviced by the Meridian Library District. This
service will not change and the Meridian LibralY District should suffer no
revenue loss as a result of the subject annexation.
Municipal, fee-supported, services will be provided by the Meridian Building Department,
the Meridian Public Works Department, the Meridian Water Department, the Meridian
Wastewater Department, the Meridian Planning and Zoning Department, Meridian Utility
Billing Services, and Sanitmy Services Company.
· Protect existing residential properties from incompatible land use development on adjacent
parcels. (Chapter VII, Goal N, Objective C, Action 1)
The applicant is proposing a residential development. The existing residential properties to
the north, south and west and the school site to the east are compatible with the proposed
development.
· SUppOlt a variety of residential categories (low-, medium-, and high-density single family,
multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of
providing the City with a range of affordable housing opportunities. (Chapter VII, Goal N,
Objective C, Action 10)
The subject property is designated Mixed Use - Community and Medium-Density Residential
on the Future Land Use Map. This proposal includes a mix of housing types and smaller
residential lots while still maintaining a density consistent with the requested R-8 zone (4.63
d.u./acre).
· Require street connections between subdivisions at regular intervals to enhance cOilllectivity
and better traffic flow. (Chapter VI, Goal II, Objective A, Action 6)
As part of the Sienna Creek Subdivision approval, a stub street was required to the northern
boundmy of the subject site. The applicant is proposing to extend this stub street, Buckstone
Avenue, and provide three additional stub streets to the adjacent properties. City stqff and
ACHD are supportive of the connectivity plan for this area (see ACHD comments and
conditions for details).
· Review new development for appropriate opportunities to connect to local roads and
collectors in adjacent developments. (Chapter VI, Goal II, Objective A, Action 13)
See bullet above.
· Require new urban density subdivisions which abut or are proximal to existing low density
residential land uses to provide landscaped screening or transitional densities with larger,
more comparable lot sizes to buffer the interface between urban level densities and rural
residential densities. (Chapter VII, Goal I, Objective D, Action 8)
Woodburn Subdivision AZ-05-04I, PP-05-04I, CUP-05-042
PAGE 6
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAPF REPORT. QUESTIONS? CALL (208) 884-5533
The applicant has proposed a development in which the larger lots in the development are on
the periphelY, while the smaller lots are internal. The Comprehensive Plan calls for higher
density on this site, approximately 8 dwelling units per acre. Staffrecognizes that there are
some existing low density residential land uses to the south and west and believes that the
proposed transition (to smaller lots on the interior) is desirable for the City.
o Offer a diversity of housing types for a greater range of choice. Encourage quality housing
project for all economic levels in a variety of areas. (Chapter VII Goal V Objective A)
The products for the site include attached single-family residences and attached townhouse
lots available to individual buyers who are seeking a lot close to thefuture Ustick Road
neighborhood center.
o Permit new residential, commercial, or industrial developments only where urban services
can be reasonably provided at the time of final approval and development is contiguous to the
City. (Chapter IV Goal II, Objective A)
All urban services can be made available to this site.
o Require new residential development to provide permanent perimeter fencing to contain
construction debris on site and prevent windblown debris from entering adjacent agricultural
and other properties. (Chapter VII, Goal I, Objective D, Action 9)
The applicant is proposing a 5:foot solid fence along the south and west boundaries. A 5-foot
open vision fence is proposed near the west property line. If permanent fencing is not
provided around the entire perimeter of the site, the applicant should be required to install
temporwy constructionfencing to contain debris. Please see Exhibit B.
· Restrict curb cuts and access points on collectors and alierial streets. (Chapter VIT, Goal IV,
Objective D, Action 2)
Except for the unnamed entrance street, access to Venable Lane should be prohibited.
· Mixed Use Area Standards: all development within this designation will occur only under the
Conditional Use Permit process, except the Mixed Use--Regional; where feasible, multi-
family residential uses will be encouraged, especially for projects with the potential to serve
as employment destination centers and when the project is adjacent to State Highways 20-26,
55 or 69;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
ofthe development, prior to a formal development application being submitted; in
developments where multiple commercial and/or office buildings are proposed (not
residential), the buildings should be arranged to create some fonn of common, usable areas,
such as a plaza or green space; where the project is developed adjacent to low or medium
density residential uses, a transitional use is encouraged. (Chapter VIT, Comprehensive Plan)
The applicant has appliedfor a CUP/PD. The applicant is proposing a multi-family aspect to
this development (by definition a townhouse is a multi-family building). However, each unit
and the lot will be for sale to individual owners. Therefore, the three, four and five townhouse
units proposed in the center of the development willfunction Similarly to the detached single-
family homes on the periphelY. StajJis supportive of the townhouse lots as they increase
density in this area, as calledfor in the Comprehensive Plan. Further, staffis supportive of
the dwelling types proposed as they allow the lot owners to take pride in ownership of each
unit individually. StajJ is also supportive of the open space design, as the major open space is
Woodburn Subdivision AZ-05-041, PP-05-041, CUP-05-042
PAGE 7
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTJONS? CALL (208) 884-5533
easily accessible and useable to all of the lots.
o Mixed Use--Community Standards: up to 25 acres of non-residential uses permitted within
the Mixed Use--Community areas as shown on the Future Land Use Map; In Mixed Use--
Community areas that are not neighborhood centers, over 25 acres of non-residential uses
shall be permitted (tlu'ough the CUP process); up to 200,000 square feet of non-residential
building area; residential density of 3 to 15 units/acre; sample uses include all MU--N
categories, clothing stores, garden centers, hardware stores, restaurants, banks, drive-thru
facilities, auto service station, depaltment stores. (Chapter VII, Comprehensive Plan).
Although permitted here, the applicant is not proposing any non-residential uses. Staff
believes that the non-residential uses are more appropriate closer to Ustick Road.
Staff finds that the proposed R-8 zoning designation and development plan are generally
harmonious with and in accordance with the Comprehensive Plan.
8. ZONING ORDINANCE
a. Zoning Schedule of Use Control; Meridian City Code 11-2-1 lists single-family residential
dwellings as pemutted uses in the R-8 zoning district. The new Uniform Development Code
also lists townhouses as pennitted uses in the R-8 zone.
b. Purpose Statement of Zone:
R-8 Medium Density Residential District: The purpose of the R-8 district is to pennit
the establishment of single- and two-family dwellings at a density not exceeding eight
(8) Dwelling units per acre. This district delineates those areas where such development
has or is likely to occur in accord with the comprehensive plan of the city and is also
designed to permit the conversion of large homes into two-family dwellings in well-
established neighborhoods of comparable land use. Connection to the municipal water
and sewer systems of the city is required.
c. General Standards: As part of the PD, the applicant is requesting modifications to the
general lot size, street frontage and side yard setback standards of the R-8 zone. Other than the
requested modifications, the proposed development substantially complies with all of the
general standards of the Meridian Zoning Ordinance.
9. ANALYSIS
a. Analysis of Facts Leading to Staff Recommendation
1. AZ/RZ Application: Based on the policies and goals contained in the
Comprehensive Plan and the general compliance of the proposed development with
the Zoning Ordinance, staff believes that this is a good location for the proposed
single-family residential subdivision. Please see Exhibit D for detailed analysis of the
required facts and findings.
The annexation legal description submitted with the application (stamped on June 16,
2005 by D. Terry Peugh, PLS) shows the property as contiguous to the existing
corporate boundary of the City of Meridian.
The applicant will be responsible for all costs associated with the sewer and water
service extension. Any existing domestic wells and/or septic systems within tIus
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.
Woodburn Subdivision AZ-05-04I, PP-05-041, CUP-05-042
PAGE 8
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
All future development of the subject propelty shall be constructed in accordance with
City of Meridian ordinances in effect at the time of development. All future uses shall
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.
2. PP Application: The proposed preliminary plat substantially complies with the
current Zoning Ordinance.
Special Considerations:
Detached Sidewalks: The applicant is proposing to construct 4-foot wide
detached sidewalks on the internal streets. The sidewalks are detached from the
curb with a 5-foot wide landscape strip. In accordance with the recently passed
ACHD planter width standards, the width of the planter strip should be increased
to a minimum of 8-feet wide and include Class II trees. See Exhibit B below.
Ditches Laterals and Canals: There is an irrigation lateral that bisects this
parcel. Per MCC 12-4-13, all iiTigation ditches, laterals or canals, exclusive of
natural waterways, intersecting, crossing or lying adjacent and contiguous to the
area being subdivided shall be tiled. See Exhibit B below.
Pressure Irriflation: The City of Meridian requires that pressurized irrigation
systems be supplied by a year-round source of water (MCC 12-13-8.3). The
applicant should be required to utilize any existing surface or well water for the
primmy source. If a surface or well source is not available, a single-point
cOlmection to the culinary water system shall be required. If a single-point
connection is used, the developer will be responsible for the payment of
assessments for the common areas prior to signature on the final plat by the City
Engineer. An underground, pressurized irrigation system should be installed to
all landscape areas per the approved specifications and in accordance with MCC
12-13-8 and MCC 9-1-28. See Site Exhibit B below.
Fencinfl: The applicant is proposing to construct a five-foot tall solid fence along
the south and east perimeter of the site. A detailed fencing plan should be
submitted upon application of the final plat (MCC 12-4-10.F.3). If permanent
fencing is not provided, temporary construction fencing to contain debris must be
installed around the perimeter prior to issuance of a building pennit. All fences
should taper down to 3 feet maximum within 20 feet of all right-of-way. All
fencing should be installed in accordance with MCC 12-4-10. See Exhibit B
below.
Existinfl ResidenceslBuildinfls: The site currently contains multiple buildings.
Because the existing structures span across proposed lot lines, all buildings shall
be removed prior to signature of the final plat by the City Engineer. See Exhibit
B below.
3. CUP Application: The applicant is requesting reductions to the standard lot size,
side building setback and street frontage requirements of the R-8 zone. Twelve of the
attached lots are below the 4,000 square-foot minimum lot size of the R-8 zone.
Thirteen of the proposed detached lots are below the 6,500 square-foot minimum lot
size of the R-8 zone. Twenty-two of the proposed lots are at or exceed the minimum
Wood bum Subdivision AZ,05-04I, 1'1'-05-041, CUP-05-042
PAGE 9
(
CITY OF MERJDIAN PLANNING AND ZONING DEP ARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
lot size ofthe R-8 zone. Thil1y-nine of the forty-seven proposed buildable lots do not
meet the minimum street frontage requirement of the R-8 zone. Twenty-four of the
proposecllots will contain at least one zero-lot line. The applicant has submitted a
sample elevation of how the townhouses will look. Each building will include some
stucco, brick, or rock. Staff is generally supportive of the proposed CUP/PD
application, as it generally conforms to Title 12, Meridian City Code.
Special Considerations:
Tot Lot Location: City staff (Planning and Police) has safety concerns with the
location of the tot lot proposed on Lot 13, Block 3. Due to proposed landscape
trees and the lot layout, the tot lot is not visible to a majority of the subdivision.
To get more eyes on the tot lot, staff recommends that it be moved east, so it is in
aligmnent with the n01th-south open space con'idor between Lots 5 and 6 and
Lots 20 and 21, Block 3. See Exhibit B below.
Elevations: The applicant has submitted one sample elevation for the townhouses
proposed. Staffis generally SUpP0l1ive of the multi-family building. Each
townhouse shall have an element of architectural relief such as stucco, brick or
rock and include vinyl shutters. See Exhibit B below.
b. Staff Recommendation: Staff recommends aODfoval of AZ-05-041 PP-05-041 and CUP-
05-042 for Woodburn Subdivision based on the Findinl!s of Fact as listed in Exhibit D and
subiect to the conditions of aooroval as listed in Exhibit B as attached to this reoOlt.
10. PROPOSED MOTION
Approve
I move to approve File Numbers AZ-05-041, PP-05-041 and CUP-05-042 as presented in staff
report for the hearing date of October 11, 2005 and the preliminary plat dated July 10, 2005, the
site plan dated July 10, 2005 with the following modifications to the conditions of approval: (add
any proposed modifications)
Deny
I move to deny File Numbers AZ-05-041, PP-05-041 and CUP-05-041 for the following reasons:
(you must state specific reasons for denial. They should address how the applicant might re-do
the application to gain your recommendation for approval.)
11. EXHffiITS
A. Drawings
1. PreliminalY Plat (dated: July 10,2005)
2. CUP Site Plan (dated: July 10, 2005)
3. Landscape Plan (dated: July] 1, 2005)
B. Conditions of Approval
1. Planning Department
2. Public Works Department
3. Fire Department
Woodburn Subdivision AZ-05-041, PP-05-04I, CUP-05-042
PAGE JO
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
4. Police Department
5. Parks Depmiment
6. Sanitary Service Company
7. Ada County Highway District
C. Legal Description
D. Required Findings from Zoning Ordinance
Woodburn Subdivision AZ-05-041, PP-05-041, CUP-05-042
PAGE II
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
A Drawings
1. Preliminary Plat (dated: July 10, 2005)
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CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
2. CUP Site Plan (dated: July 10,2005)
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A -2
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884"5533
3. Landscape Plan (dated: July 11, 2005)
A.3
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
B. Conditions of Approval
1. Planning Department
] .1 SITE SPECIFIC REQUIREMENTS
1.1.1 The preliminary plat labeled as Sheet C-1 prepared by Bailey Engineering, Inc., dated July 10,
2005, is approved, with the conditions listed herein. All comments/conditions of the
accompanying Annexation and Zoning (AZ-05-041) and Conditional Use Permit (CUP-05-042)
applications shall also be considered conditions of the Preliminary Plat (PP-05-041).
1.1.2 The planter strip between the curb and the near edge of the sidewalk along all the intemal streets
shall be a minimum of 8-feet wide and include Class II trees.
I. 1.3 Prior to the City Engineer's signature of the final plat, all existing structures shall be removed
from this site.
1.1.4 The landscape plan prepared by The Land Group, Inc., labeled Sheet L1.0 and L1.1, is approved
with the following change(s):
· Move the tot lot so that it is centrally located on Lot 13, Block 3. Said tot lot shall be visible
from both Woodpine Street and Pine Spruce Street.
· Only Class II tress shall be allowed within the planter strips between the sidewalk and the
curb along the internal streets.
With the final plat application, submitted revised copies of the landscape plan with the changes
listed above. Other than the changes listed above, the approved landscape plan is not to be altered
without prior written approval of the Platming & Zoning Department.
1.1.5 Maintenance of all common areas shall be the responsibility of the Woodburn Subdivision
Homeowners' Association.
1.1.6 Other than the public street access approved by ACHD, direct lot access to Venable Lane is
prohibited. A note shall be placed on the final plat restricting access to Venable Lane.
1.2 GENERAL REQUIREMENTS-PRELIMINARY PLAT
1.2.1 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision
pursuant to MCC 12-13-10-8.
1.2.2 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 stonnwater detention facility cannot be incorporated into the approved
open space and still meet the standards of MCC 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.
1.2.3 The applicant shall submit a detailed fencing plan with the final plat application for the
subdivision. If permanent fencing is not provided, temporary construction fencing to contain
debris must be installed around the perimeter prior to issuance of a building permit. All fences
should taper down to 3 feet maximum within 20 feet of all right-of-way. All fencing should be
installed in accordance with MCC 12-4-10.
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
1.2.4 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 mitigated.
1.2.5 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 MCC 12-4-13, unless
otherwise approved by Settlers Irrigation District. Plans wiU 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 not be obtained, alternate plans will be reviewed and approved by the City Engineer
prior to final plat signature.
1.2.6 Staffs failure to cite specific ordinance provisions or terms of the approved
annexation/conditional use does not relieve the applicant of responsibility for compliance.
1.2.7 Preliminary plat approval shall be subject to the expiration provisions set forth in MCC 12-2-4.
2. Public Works Department
2.1 Meridian City Code 12-5-2-N requires that any new development shall provide pressurized
irrigation. The applicant has not indicated who will own the pressurized irrigations system in this
proposed development. If it is to be owned and operated by an Irrigation Dishict than a license
agreement shall be entered into prior to the scheduling of a pre-construction meeting.
If it is to be a private system owned and maintained by the Homeowners Association, a draft copy
of the operations and maintenance manual shall be submitted prior to plan approval, with a final
copy to be submitted prior to signature on the final plat by the City Engineer.
2.2 The Sanitary sewer service to this is being proposed via extension of mains located in
N.Venable. The applicant shall be responsible to install mains to and through this development,
coordinate main size and routing with the Public Works Department.
There are two existing sewer stubs into this property. The applicant shall coordinate with the
Public Works Department, an acceptable way to abandon these lines.
2.3 Any existing domestic well and/or septic systems within this project shall be removed from
domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for nOl1-
domestic purposes such as landscape irrigation with approval for Idaho Department of Water
Resources.
2.4 Water service to this site is being proposed via extension of existing mains in N. Venable Lane.
The applicant shall be responsible to install all mains necessary to service tIus development,
coordinate mains size and routing with the Public Works Department.
2.5 Street signs are to be in place, water system shall be approved and activated, fencing shall be
installed, drainage lots constructed, and the Final Plat for tIus subdivision shall be recorded, prior
to applying for building permits.
2.6 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.
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
2.7 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.
2.8 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.
2.9 Preliminary plat approval shall be subject to the expiration provisions set forth in MCC 12-2-4.
2.10 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.
2.11 Applicant shall be responsible for application and compliance with and NPDES Pel111itting that
may be required by the Environmental Protection Agency.
2.12 Applicant shall be responsible for application and compliance with any Section 404 Permitting
that may be required by the Army Corps of Engineers.
2.13 All grading of the site shall be performed in confol111ance with MCC 11-12-3H.
2.14 Compaction test results shall be submitted to the Meridian Building Department for all building
pads receiving engineered backfill, where footing would sit atop fill material.
2.15 The engineer shall be required to certify that the street centerline elevations are set a minimum of
3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom
elevation of the crawl spaces of homes is at least I-foot above.
3. Fire Department
3.1 One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for
duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 500'
apart. International Fire Code Appendix C
3.2 Acceptance of the water supply for fire protection will be by the Meridian Fire Depaltment and
water quality by the Meridian Water Department for bacteria testing.
3.3 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 sha11 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 oftlle IFC Section 509.5.
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
3.4 The phasing plan may require that any roadway greater than 150' in length that is not provided
with an outlet shall be required to have an approved tum around. Tempormy turnarounds shall be
constructed on Woodpine Street and Pine Spmce Street.
3.5 All entrance and internal roads shall have a tuming radius of 28' inside and 48' outside radius.
3.6 Insure that all yet undeveloped parcels are maintained free of combustible vegetation.
3.7 Operational fire hydrants, temporary or pennanent street signs and access roads with an aU
weather surface are required before combustible construction is brought on site.
3.8 Building setbacks shall be per the International Building Code for one and two story construction.
3.9 The proposed 47-lot subdivision with an estimated 2.9 residents per household would have a total
estimated population of 136 residents at build out.
3.10 Where a portion of the facility or building hereafter constructed or moved into or within the
jm'isdiction is more thml 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.].2 the distance requirement shall be 600 feet (183).
For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m).
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).
4. MERIDIAN POLICE DEPARTMENT
4.1 The proposed development does not offer natural surveillance opportunities of the public areas.
The applicant shall meet with the Police Chief and/or Planning Staff to discuss features that
increase visibility, including but not limited to: doors and windows that look out on the public
areas, front porches, and adequate nighttime liQ:htinQ:. The site plan and/or landscaping plan shall
be revised in accord with those discussions. Further, the tot lot area shall be relocated so that it is
visible from both Pine Spruce Street and Woodpine Street.
4.2 The proposed landscaping creates a hiding spot near Lots 2,3 and 4, Block 3. The applicant shall
submit a revised landscaping plan that affords greater visibility of the open space area from
buildable lot.
4.3 Any interior fencing along Lots 5, 6, 20 and 2 I, Block 3, shall not exceed four feet in height if
solid fencing is used.
s. PARKS DEPARTMENT
5.1 Standard for Mitigation of trees: The standard established in the City of Meridian Landscape
Ordinance (MCC 12-13-13-6) will be followed.
6. SANITARY SERVICE COMPANY
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
No comments received.
7. Ada County Highway District
Site Specific Conditions of Approval
7.1 Dedicate approximately a total of 25-feet of right-of-way from centerline of Venable Lane.
ConstlUct Venable Lane with vertical curb, gutter, 5-foot attached concrete sidewalk and
pavement to complete a 40-foot street section, and match improvements to the north.
7.2 The applicant shall constlUct the entrance street that intersects Venable Lane with a 52-foot street
section with vertical curb, gutter, 5-foot wide concrete sidewalk, two 21-foot drive aisles and an
8-foot wide landscaped island within 64-feet of right-of-way.
7.3 The applicant shall construct the internal roadways with 34-foot street sections with vertical curb,
gutter, 4-foot wide detached concrete sidewalks and 5-foot wide planter strips. The applicant
shall coordinate the planter strip widths with the City of Meridian, and in accordance with the
ACHD Interim policy.
7.4 The 8-foot wide landscaped island located in the entrance roadway that intersects Venable Lane
within the public right-of-way should be owned and maintained by a homeowners association.
TIns should be noted on the final plat.
7.5 Extend North Buckstone Avenue from the north property line, as proposed.
7.6 Construct West Wood Pine Street to the west property line approximately 480-feet south of the
north property line, and construct a temporary tumaround at the terminus of the stub street.
Install a sign at the terminus of the roadway stating, "This roadway will be extended in the
future".
7.7 ConstlUct North Buckstone Avenue to the south property line approximately 200-feet east of the
west property line as a stub street. Install a sign at the terminus of the roadway stating, "This
roadway will be extended in the future".
7.8 Construct West Pine Spruce Street to the west propelty line approximately 125-feet south of the
north property line, and construct a temporary turnaround at the terminus of the stub street.
Install a sign at the terminus of the roadway stating, "This roadway will be extended in the
future".
7.9 Other than the access points that have specifically been approved with this application, direct lot
access to Venable Lane is prohibited. A note of the access restriction should be noted on the final
plat.
7.10 Compl y with all Standard Concli tions of Approval.
Standard Conditions of Approval
7.11 Any existing irrigation facilities shall be relocated outside of the right-of-way.
7.12 Private sewer or water systems are prohibited from being located within any ACHD roadway or
right-of-way.
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
7.13 All utility relocation costs associated with improving street frontages abutting the site shall be
borne by the developer.
7.14 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.
7.15 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.
7.16 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 ACIID Ordinances unless specifically waived herein. An engineer registered in the
State of Idaho shall prepare and certify all improvement plans.
7.17 The applicant shall submit revised plans for staff approval, prior to issuance of building perrillt
(or other required pemuts), which incorporates any required design changes.
7.18 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.
7 OJ 9 Payment of applicable road impact fees are required prior to building construction in accordance
with Ordinance #200, also known as Ada County Highway District Impact Fee Ordinance.
7.20 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 ACED right-of-way. The applicant shall contact ACHD Traffic
Operations 387-6190 in the event any ACI-ID conduits (spare or filled) are compromised during
any phase of construction.
7.21 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.
7.22 Any change by the applicant in the planned use of the property wluch 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 plalmed 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.
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT, QUESTIONS? CALL (208) 884-5533
C. Legal Description
IDAHO
SURVEY
GROUP
I '1 ~n h ',.1 WJ [;:;"l,ower "),
l1u j,l:m:, Id;J.h(1 B:;hti]
Phom-, (08) U~6.B5 70
Fax (2v2~ BfJ<1-SJ99
ProJect N(L 05-149
June 1(,.2005
\Voodbllm Snhdh'ision
RUT to R-ll
A parcel of ia11l1locatcd in the SE 1/4 ufLhc SW 1/4 of Section 3(" TAN., RI \\1,
B.M., Ada County. Idaho. more particularly described ns foH()w~; Commencing:!i lht:
Soulh 1/4 comer of said St.'dioo ::16, frulll which lhe Southwest corner of s,lid ~cc[io[l
bea,,, North Hg",12'55" West. ](;(;}.17 feet; Thence along the North.South mid "ecliotl
line, common to lhe, West (inc arCed:!r Spring.,; Suhdivision No.3. as flame i~ recorded IH
Book 88 ofPbts al Page 10.198, Ada County n::cortls, North 00"21'41" Easl, 132:198
fcellO the ('-S lfl6 comer and the REAL POINT OF BEGINNING.
TIJL:nce alollB, ;;aid W<,sllinc afCed;)! Spling~ Suhdivlsion No. ~ South (Hf'2T41"
We~t. 664.49 f<.:d:
Th'-'Ilce ucparttng said lme North 88"47'21" West. {,(,).95 feet;
ThCllce t\orth OO~23'27" East, 662.n feel;
Theuce SlfUth 88c56'14" East, and aloDg the South line of Sienna Creek
Subdivifoioll No, I, as same is recorded in Buo\;: 92 of Pla\S:1I Page 1O,t)05. Ada County
nx:ord.'" a distance of 66(1.74 feet to the Point of Beginning, Containing I 0.15 acres.
more or less
M~~~~~~ ~~~i\C
RfiV,~ .ww I'>. I'>.PPPPR~OOYA AI.I.M____
8Y~~
Professional land SurveYQrs
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
~i~
~.
~
Wc1ii
If ~ n _ I 0 Ii> f~'~I: rf ft '"t
i
;1:
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
D. Required Findings from Zoning Ordinance
1. Annexation and Zoning Findings:
The commission and council shall review the particular facts and circumstances of each proposed zoning
amendment in tenus of the following standards and shall find adequate evidence answering the following
questions about the proposed zoning amendment:
Thefollowing is the list of standards found in J 1-15-1 J and analysis by stalf
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;
See Comprehensive Plans and Policies as listed in Staff RepOli item #7 above. City Council
supports the zoning and finds the proposal in general accord with the Comprehensive Plan.
B. Is the area included in the zoning amendment intended to be rezoned in the future;
City Council does not anticipate that the applicant intends to rezone the subject 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;
City Council finds that detached single-family uses are allowed within the requested zoning
district ofR-8. The applicant is requesting to modify some ofthe dimensional standards of the R-
8 zone and has submitted a conditional use permit.
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;
City Council finds that recent residential developments in this area have been approved for
development similar to the proposed subdivision, with single-family residences. Based on the
ACHD Long Range 2030 proposal, Ustick Road is not currently included within ACHD's Five
Year Work Program or in the currently adopted 20-year Capital Improvements Plan for roadway
improvements. City Council tInds that the area is changing and this site is eligible for annexation
and zoning.
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;
City Council finds that the requested zoning and proposed density meets the anticipated range for
a medium density urban project. Based on the Comprehensive Plan, City Council believes that the
existing parcels in the area (north) have already developed with similar densities and allowances
for altemate products and designs are encouraged. City Council also finds that the proposed
zoning and uses can be designed and constructed in a manner that will be hannonious with, and
appropriate in appearance with, the existing and intended character of the surrounding area.
D - I
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
The proposal meets the standards of MCC 12-13-16 Residential Subdivision Open Space which
states that "common space shall equal or exceed five percent of the gross land area of the
subdivision. This requirement shall apply to all single family residential subdivisions of five
acres or more."
City Council does not find that the proposed zoning/uses will adversely change the essential
character of area. The Commission and Council rely on staff's analysis, public testimony received
and any comments submitted from any other agencies or departments regarding whether this
property should be annexed as proposed.
F. Will the proposed uses not be hazardous or disturbing to existing or future neighboring
uses;
City Council does not anticipate that the proposed residential uses will be hazardous as long as
the conditions outlined in this report are complied with and construction traffic and house
construction is conducted in a matmer consistent with City Code. The Commission and Council
should rely on any public testimony (oral and written) when determining whether or not the
proposed zoning and subsequent uses will be disturbing or hazardous to the existing or future
neighboring uses.
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;
The applicant will be responsible for the extension of all utilities necessary to serve this proposed
development. Sizing and routing shall be coordinated with the Public Works Department.
The applicant and/or future property owners will be required to pay park and highway impact
fees.
ACHD has submitted a staff report with site specific and standard conditions as attached in
Exhibit B7.
On August 26, 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 agencies/departments, City Council finds that the public services listed
above can be made available to accommodate the proposed development. The Commission and
Council reference any written and/or verbal testimony submitted by any public service provider,
regarding their ability to adequately service this project.
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, local street
infrastructure, utilities and irrigation services to serve the project. The primalY public costs to
serve the future residents will be fire, police and school facilities and services. City Council finds
there will not be excessive additional requirements at public cost and that the proposed zoning
and subsequent development will not be detrimental to the community's economic welfare.
D - 2
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
I. Will the proposed uses not involve uses, activities, pl'ocesses, materials, equipment and
conditions of operation that will be detrimental to any persons, property 01' the general
welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors;
City Council finds that the proposed alU1exation and the development of residential homes on this
site will not involve uses that will create nuisances that would be dehimental to the general
welfare of the surrounding area.
City Council recognizes the fact that traffic and noise will increase with the approval of this
subdivision; 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
annexation and subsequent uses will create excessive traffic, 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 interlerence with traffic on surrounding public streets;
The applicant is proposing to construct one public street access to Venable Lane and one public
street extension into the site from Sierma Creek Subdivision. ACIID is supportive of the proposed
streets. If is designed and constructed as approved by the ACHD and the City, City Council does
not believe that the subdivision 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
There are some mature trees on this property. Any existing trees larger than 4" caliper that are
removed should be mitigated for, per the Landscape Ordinance. City Council finds that the
proposed development will not result in the destruction, loss or damage of any natural feature(s)
of major impol1ance if developed under these conditions.
L. Is the proposed zoning amendment in the best interest of the City of Meridian. (Ord. 592,
11-17-1992)1
The R-8 zoning amendment will provide diversity in lot size from the existing subdivisions in the
vicinity. City Council finds that all essential services are available or will be provided by the
developer to the subject property and will not require unreasonable expenditure of public funds.
The applicant is proposing to develop the land in general compliance with the City's
Comprehensive Plan. Subdivisions of medium density have already been approved for
development to the north and this is a logical expansion of the City limits. In accordance with the
findings listed above, Citv Council finds that armexation and zoning: of this oroDertv would be in
the best interest of the Citv.
2. Preliminary Plat:
Sections 12-3-3 J.2 and 12-3-5 D read as follows: "In detemuning the acceptance of a proposed
subdivision, the Conmussion and 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 Findings Item A above.
D - 3
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
B. The availability of public services to accommodate the proposed development;
Please see Atmexation and Zoning Findings Items G and H above.
c. The continuity of the proposed development with the capital improvement program;
Because the developer is installing sewer, water, and utilities for the development at their cost,
the subdivision will not require the expenditure of capital improvement funds.
D. The public financial capability of supporting services for the proposed development;
Please see Exhibit B for comments and conditions from other agencies and departments.
E. The other health, safety or environmental problems that may be brought to the
Commission's attention.
City Council is not aware of any health, safety or environmental problems associated with the
development of this subdivision that should be brought to the Council or Commission's attention.
ACHD considers road safety issues in their analysis.
3. CUP Findings:
The Commission and Council shall review the particular facts and circumstances of each proposed
conditional use in telms of the following and may approve a conditional use penuit 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 Plalmed Development (PD) the applicant is requesting relief from the standard
street frontage, lot size and side setback requirements of the R-8 zone, as required by Meridian
City Code. City Council finds that the subject property is large enough to accommodate the
requested use and all other required ordinance 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 specific development standards.
B. That the proposed use and development plan will be harmonious witb the Meridian
Comprehensive Plan and in accordance with the requirements of this Ordinance;
City Council finds that the proposed residential subdivision is generally harmonious with and in
accordance with the 2002 Comprehensive Plan and Future Land Use Map, which designates the
land to be "Medium Density Residential" and "Mixed Use - Community" (provided the
Commission and Council grant the requested planned development). Please see Atmexation and
Zoning Findings 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 Atmexation and Zoning Findings E.
D - 4
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884.5533
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 relies upon public testimony, City Council's analysis, and other agency conunents
when determining if the proposed uses will adversely affect other properties 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;
Please see Annexation and Zoning Findings G and H, the Other AgencylDepartment Comments
and Conditions in Exhibit B, 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 and Zoning Findings 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 Findings 1.
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 su....ounding public streets;
Please see Annexation and Zoning Findings J. The Commission and Council should review any
comments received from the ACHD and lor ITD regarding this project when determining this
finding.
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 and Zoning Findings K.
D - 5
UPDATED REPORT -Meridian Economic Development-October 11, 2005
W orkinf! with Commerce and Labor on fJatherinf! statistics for an overall picture of
Meridian
e Workforce availability-Meridian: 2.5% unemployment rate (July 2005, Idaho
Dept. of Commerce and Labor)
e Per capita income and employment: $34,072 (2002, Idaho Dept. of Commerce
and Labor)
e Educating myself with all state incentives available and industrial revenue bonds
through Commerc~ & Labor ,J!-" /', f)1l<S b ~ffl
1Z ~o.. 4 (\ LL.~" tvLQ-,a.t,{-:~\ ~ <- [)/Y1 r r-r~ .
Engine'};;fA~ and Buildin!? Devartments 0 '
o PIG 2 - Process Innovation Group - 5+re6_/w,J ~ n l' f? ~\...L f (' [) C c5 5
; ~~~~o~;1.JL [w...tlCt!- ~ CEnr.fGLS 071 Ac t lPri~ /1il~tYS.~
New Economic hivelDDment Grouv fMavDr 's Economic Develo{i;iii:?C6u~m 1- C. . "~ ,:J
o At the last meeting, Economic Development had raised $4,000. To date, the
eu.51V1r1 (ffL .:)~ct;momic Dpvelo)?ment Group hlJrs raiseclvover $32,000.
cl!J..UdfQlll.JDt:~'jlm bas'S 4.c:kiY if'rb J-1fLM'ld ~Hv'tJtt;;)~ A<l1t/-L~ vi- fhve/lllOC
t#':<.5/rl.ic:lurepompilinz Proverty Listings - /O-n QJ. l:J 1,:,...11 d J nC[S _ I " _ 1
--h~. & lfl'>G.. . GIS Arc Reader Cavabilitv - Mappinr; Program - &0 b~ 1A.,\. J/, .~ e>> e.jO{; e~ c.f- -:> L,Sr'h 65 es,
iu'~?C:it.;~r 'DOK.'Ylj 1-D q6 Lcd-e... j-U:7C::
'J~l6S . Advertising and Marketing
'F/lrc.d1OYJ 0 Completed brochure (provide example)
:Cl-eii151677 · Revitalized website
o Informational Folders
e Horizon Air Magazine Ad ()
Partnering with anoth~rtIdaho Company to ProqIotf Meridian -+Y..cJf T C ~L-I\
CLf\ (l b UV'lC e 0.-1 ~ I c.....+ -t[v di:~ .
Website Design
· Website transformed from functional to professional and state-of-the-art
o Professional flash animation introduction, easily navigable
o Online October 1st (kicked off by advertisement in October issue of Horizon Air
Magazine
MeetinfJs that I have been attendinf{
e BVEP - Boise Valley Economic Partnership
· IEDA - Idaho Economic Development Association
o 10 Mile Interchange Developers & Stakeholders
o PIG 2 - Process Innovation Group
o ABC - Alcohol Beverage Control liquor license legislation I \
BSU - workforce training 4-- ~c.u~ er'; /V;J> W j i-L I 0 ce<-f C~ -it cS '
o Gwie-Center I ' I
C Di1\tllUI\" jC.V'l-eV
Leads that have come in from BVEP and Commerce and Labor
e Call Centers
o Food Packaging
e Distribution Warehouse
e Food Processing
e Transaction center - billing dept.
· Project Tree-near forest land property
Local Developers and Protects that I have been workin,? on
· Candlewood Hotel @ Silverstone
· Elixer Properties (ten mile development, Silver Creek Prop. CA. & Dennis Balcer
· Pine bridge- sports type facility to be announced at a later datf! & other tenants to
be annou~ced at a later date. 14t-~.V:5' (l2'v~f~ h.~;v) - I. _ (("~ .-
· CenterPomte- ancore tenant /6~O Joh c;.. ~ C?~. IuD) q~-;o , ,!D;(~ -r!/ZK1;Cl,,,,---
· Waltman Lane-preliminary plans C;'(7/ rn J..J!... ;%-vi-CPJiG'-;f<"
· Carabbas Italian Restaurant / L /
· Sizzler at Ustick Market Place
e Manufacturing Lab - eye glasses, "
· Country Inn (Vanaulcer) !"l'G-voSS -9v-B~ {0vh---
e Oregon Tile &Marble 24,000 sq. ft. (Vanauker 72K building)
e Majestic Cinemas 18 screen
. Jakel's
.. Fred Meyers next site .' r
Travis Group - consulting firm & fire protection Q). ferJ fn t lev de.~s G
All the expansions:
Blue Cross, Food Services of America, Tri City Meats, Double D, Micro 100 Tool
· Chef' Loo.. Uir>S GnoIrsl r? ,^--,b
** TX CONFIRMAI1DN REPORT **
AS OF OCT 10 '0:> 11: 55 PAGE.01
CITY OF MERI DIAN
DATE TIME TO/FROM MODE MIN/SEC PGS CMDl:* STATUS
22 10/10 11: 55 LRKElJIEW GOLFCOU ----5 00' 00" 000 124 BUSY
TH 1 S DOCUMENT 1 S STI LL I N MEMORY
......-....-----....-.........-----....--....-------.........-.........-------------......--.....----...-..........-------....--....------.....------..................-----.....
7b~ ~O~k~( rUbllv;\JctfQ--lh~nt:0~
CITY OF MERIDIAN
CIN COUNCIL REGULAR MEETING
AGENDA
Tuesday, October 11, 2005, at 7:00 p.m.
City Council Chambers
33 East Idaho Avenue, Meridian, Idaho
1. RoJl-call Attendance:
Shaun Wardle Christine Donnell
Charlie Rountree Keith Bird
_ MaYDr~y de Weerd
2. Pledge of Allegiance:
3. Community Jnvocation by Pastor Bud Henthorn, with Meridian
Gospel Tabernacle:
4. Adoption of the Agenda:
5. Consent Agenda:
A. Approve Minutes of August 9, 2005 City Council Special Meeting
Minutes:
B. Approve Minutes of September 13, 2005 City Council Regular
Meeting:
C. Tabled from October 4. 2005: Findings of Fact and
Conclusions of Law for Approval: AZ 05-016 Request for
Annexation and Zoning of 28.65 acres frDm RUT tD R-15 and L-O
ZDnes for Silver Oaks Subdivision by Charter Builders, Inc. _
north Df West Franklin RDad and west of North Ten Mile Road:
D, Tabled from October 4. 2005: Findings of Fact and
Conclusions of Law for Approval: cup 05-024 Request for a
Conditional Use Permit for a Planned DevelDpment for multI-family /
clubhDuse / Dffice / daycare development with nD minimum street
frontage and multiple buildings on a single lot on 28.65 acres in
proposed R-15 and L-O zones fDr Silver Oaks Subdivision by
Charter Builders, Inc. - nDrth of West Franklin Road and west of
North Ten Mile Road:
Meridian Cily Council Meeting Ag enda - Oelober 11. 2005 Page 1 of 4
All materials presented at pUblic meetlngs shall bacome property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or heClring
please conlact the City Clerk's Otnce at 888-4433 at least 48 hours prior to Ihl;! pUblic meeting.
DATE TIME TO/FROM MODE MIN/SEC PGS CMDIl STATUS
03 1IM37 15:41 3810160 EC--S 02' 04" 1!l04 115 OK
1!l4 10/1!l7 15: 43 PUBLIC WORKS EC--S 01' 12" 004 115 OK
05 10/07 15: 45 8848723 EC--S 01' 11" 004 115 OK
06 10/07 15:478841159 EC--S 131'13" 1304 115 OK
137 10/07 15: 49 21!l88840744 EC--S 01' 15" 0134 115 OK
08 10/13715:50 POLICE DEPT EC--S 01'12" 004 115 OK
09 10/07 15: 52 8985501 EC--S 01' 11" 004 115 OK
10 10/07 15:54 LIBRARY EC--S 01' 34" 004 115 OK
11 10/0715:56921383776449 EC--S 01'11" 004 115 OK
12 10/07 15: 57 3886924 EC--5 01'11" 1304 115 OK
13 10/07 15: 59 P-AND-Z EC--S 131' 12" 1304 115 OK
14 10/0716:01 ALL AMERICAN INS EC--S 01'11" 0134 115 OK
15 113/137 16: 03 Fl RE DEPT EC--S 01' 11" 1304 115 OK
16 10/07 16:134 128300040 G3-S 01'33" 0134 115 OK
17 10/0716:072083876393 EC--S 01'12" 004 115 OK
18 16/07 16:08 ADA CTY DEUELMT EC--S 01' 12" 1304 115 OK
19 16/07 16: 113 2088885052 EC-S 01'13" 1304 115 OK
20 10/07 16: 12 CHERRY LANE G3-S 02'26" 1304 115 OK
21 10/07 16: 15 IDAHO ATHLETIC C EC--S 01' 12" 004 115 OK
----~~---~~~~-~;~~~-~~~;~~;:~:::------~~=~___~E~~~_~~~_____~!L__~~_________________
~ ~Q)+~( rubllvNntl(J,;--l1tVlrlt0~
CITY OF MERIDIAN
CITY COUNCIL REGULAR MEETING
AGENDA
TueSday, October 11, 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
- _ MayorTamrrJy de Weerd
2. Pledge of Allegiance:
Community Invocation by Pastor Bud lien thorn, with Meridian
Gospel Tabernacle:
4, Adoption of the Agenda:
5. Consent Agenda;
A, Approve Minutes of August 9, 2005 City Council Special Meeting
Minutes:
B. Approve Minutes of September 13, 2005 City Council Regular
Meeting:
C. Tabled from October 4, 2:005: Findings of Fact and
Conclusions of Law for Approval: 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:
D. Tabled from October 4, 2005: Findings of Fact and
Conclusions of law for Approval: CUP 05-024 Request for a
Conditional Use Permit for a Planned Development for mUlti-family I
clubhouse I office I daycare developinent 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:
MaJidlan Cily Council Mealing Agenda - October 11,2005 Page 1 of 4
All materials presented at public meetings shall become property of the City of MeMdlan.
Anyone desIring ac.:ommodation for disabllltles related to documents andlor hearing
please contlct the City Clerk's Office a1888-4433 at least 48 hours pM"r 10 the pUblic meeling.
7~aL ~ ~(f,+ ~( fu bl\v N @lR.--CJhV1Y\ to ~
CITY OF MERIDIAN
CITY COUNCIL REGULAR MEETING
AGENDA
Tuesday~ October 11 ~ 2005~ at 7:00 p.m.
City Council Chambers
33 East Idaho Avenue, Meridian, Idaho
1. RolI~call Attendance:
Shaun Wardle Christine Donnell
Charlie Rountree Keith Bird
_ Mayor Tammy 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 August 9, 2005 City Council Special Meeting
Minutes:
B. Approve Minutes of September 13~ 2005 City Council Regular
Meeting:
C. Tabled from October 4, 2005: Findings of Fact and
Conclusions of Law for Approval: 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:
D. Tabled from October 4, 2005: Findings of Fact and
Conclusions of Law for Approval: 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 Subdivision by
Charter Builders, Inc. - north of West Franklin Road and west of
North Ten Mile Road:
Meridian City Council Meeting Agenda - October 11, 2005 Page 1 of 4
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearing
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
E. Tabled from October 4J 2005: Findings of Fact and
Conclusions of Law for Approval: 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:
F. Findings of Fact and Conclusions of Law for Approval: AZ 05-
032 Request for Annexation and Zoning of .56 acres from R6 to L-
Q zone for West Carol Street Professional Center by James and
Carrie Jewett - 1560 Carol Street:
G. Findings of Fact and Conclusions of Law for Approval: CUP
05-040 Request for a Conditional Use Permit to modify the
Conditions of Approval for CUP 03-050, in order to allow the
existing building at 703 North Main Street to remain and to allow a
public use in the Q-T zone for Farmers and Merchants State
Bank by Farmers and Merchants State Bank - 703 North Main
Street:
H. Findings of Fact and Conclusions of Law for Approval: PP 05-
022 Request for Preliminary Plat approval of 4 building lots and 1
common lot on 1.74 acres in a L-Q zone for Woodoenn
Subdivision by Pennwood Ill, LLC - 429 SW 5th Avenue:
I. Findings of Fact and Conclusions of Law for Approval: CUP
05-030 Request for a Conditional Use Permit for a commercial
Planned Development on 1.74 acres in a L-Q zone for Woodoenn
Subdivision by Pennwood III, LLC - 429 SW 5th Avenue:
J. Approve Payment Aoolication No.5 for Meridian Senior Center
Remodel to KMOJ Inc.:
K. Approve Federal Eauitable Sharina Aareement with U.S.
Department of Justice:
L. Approve Sidewalk Easement for Ada County Hiahwav District
for Well No. 26 Pumping Facilities Project:
M. NPDES Permit Assistance Contract with CH2M HILL:
N. Award of Bid for Autumn Faire Subdivision Citv Well Lot
Landscaoina to Sunshine Landscapina. Inc.:
o. Water Main Easement Aareement for EI Dorado Retail Buildina
No.2 by Kimball PropertiesJ LP:
Meridian City Council Meeting Agenda - October 11, 2005 Page 2 of 4
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearing
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
P. Agreement for Services with AspireOn:
Q. City Clerk Notification of Election Precinct and Polling Places:
6. Department Reports:
A. Parks & Recreation Department:
1. Autumn Faire Subdivision Park Contract I Agreement:
B. Mayors Office
1. Reappointment of Historic Preservation Commission
Frank Thomason and Tom Hammond:
2. Update on Economic Development Report by Cheryl
Brown:
C. City Clerk's Office - Will Berg
1. Update on Thousand Springs well lot sale:
2. Update on Public Hearing for Transfer of Parking Lot to
MDC:
D. City Attorney's Office
1. Addition of a Part Time Attorney:
2. Simunich Update:
3. Update on Landfill Issues:
4. Ordinance Changes:
7. Items Moved from Consent Agenda:
"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. 11
8. Public Hearing: V AC 05-011 Request for a Vacation of Irrigation
Easements for Bonito Subdivision by Dave Evans Construction - 3041
East Copper Point Drive:
Meridian City Council Meeting Agenda - October 11,2005 Page 3 of 4
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearing
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
9. Public Hearing: VAC 05-014 Request to Vacate Ada County Highway
District Right-of-Way for Dorado Subdivision by W.H. Moore - northwest
corner of Eagle Road and Overland Road:
10. Public Hearing: AZ 05-041 Request for Annexation and Zoning of 10.15
acres from RUT to R-8 zone for Woodburn Subdivision by Centennial
Development, LLC - 840 West Ustick Road: \
11. Public Hearing: PP 05-041 Request for Preliminary Plat approval of 47
single family residential building lots and 10 common area lots on 10.15
acres in a proposed R-8 zone for Woodburn Subdivision by Centennial
Development, LLC - 840 West Ustick Road:
12. Public Hearing: CUP 05-042 Request for Conditional Use Permit for a
Planned Development for Woodburn Subdivision that includes
reductions to the minimum requirements for lot size, street frontage and
setbacks by Centennial Development, LLC - 840 West Ustick Road:
13. Public Hearing: RZ 05-018 Request for a Rezone of 71.24 acres from 1_
L to C-G zone for Crossroads SholJDina Center, Presidential
Subdivision and Reagan Subdivision by the City of Meridian -
southeast corner of Eagle Road and Fairview Avenue:
14. Ordinance No. 05-1188 : Distribution
Pseudoephedrine Products (2nd Reading):
of
15. Ordinance No. AZ 05-012 Request for
Annexation and Zoning of 6.34 acres from RUT to R-4 zone for EI Gato
Subdivision by C2B Development, LLC -701 Black Cat Road:
Meridian City Council Meeting Agenda - October 11, 2005 Page 4 of 4
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearing
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
ADA COUNTY RECORDER)~l)AVID NAVARRO AMOUNT .00
~~~~T~A~~aJ~/~~~Oe~ rL PM 1111111111I1111I111111111111111111111
RECORDED-REQUEST OF H)51527~)5
Meridian City
CITY OF MERIDIAN ORDINANCE NO. &5 - /1 tJ b
BY THE CITY COUNCIL: BIRD, DONNELL, ROUNTREE, WARDLE
AN ORDINANCE (AZ-05-018 WESTBOROUGH SQUARE SUBDIVISION) FOR
ANNEXATION OF PROPERTY LOCATED IN A PORTION OF THE NE y.; OF
SECTION 30, TOWNSHIP 4 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA
COUNTY, IDAHO AS DESCRIBED IN ATTACHMENT "A" AND ANNEXING
CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO,
AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE
CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN;
ESTABLISHING AND DETERMINING THE LAND USE ZONING
CLASSIFICATION OF SAID LANDS FROM RUT (ADA COUNTY) TO R-4
(LOW DENSITY RESIDENTIAL), R-8 (MEDIUM DENSITY RESIDENTIAL),
AND R-15 (MEDIUM/HIGH DENSITY RESIDENTIAL) 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 desclibed land as evidenced by attached Legal
Description herein incorporated by reference as Exhibit "A" is within the corporate limits
ofthe City of Meridian, Idaho, and that the City of Meridian has received a written
request for annexation and re-zoning by the owner of said property, to-wit: STETSON
PROPERTIES, LP and JLJ ENTERPRISES, INC., JOINT SCHOOL DISTRICT NO. 2
and THE CITY OF MERIDIAN
SECTION 2. That the above-described real property is hereby annexed and re-
zoned from RUT (Ada County) to R-4 (Low Density), R-8 (Medium Density) and R-15
(Medium/High Density) in the Meridian City Code.
SECTION 3. That the City has authority pursuant to the laws of the State of
Idaho, and the Ordinances of the City of Meridian to annex and zone said property.
ANNEXATION OF AZ-05-018 \VESTBOROUGH SQUARE SUBDNISION Page 1 of 3
SECTION 4. That the City has complied with all the noticing requirements
pursuant to the laws of the State ofldaho, and the Ordinances of the City of Meridian to
annex and re-zone said propeliy.
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 ofIdaho, 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 ofIdaho.
SECTION 9. That pursuant to the affirmative vote of one-half (112) 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 4.rA day of ()c:;.h b&r ,2005.
APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO,
this ~ day of C c.-h 6 e y- , 2005.
~~~
ANNEXATION OF AZ-05-018 WESTBOROUGH SQUARE SUBDNISION Page 2 of3
ATTEST:
STATE OF IDAHO, )
) ss.
County of Ada )
On this it!!::- day of tJ(L~ ,2005, before me, the
undersigned, a Notary Public in and for said State, personally appeared T ~J1X.ge
tA'(e;.Y1WEERQ__~!]Q..WHzIAM-Q7~G-;-fR., known to me to be the Mayor and atY~erk,
~\"OwyY\. ~ely, of the CITY of Meridian, Idaho, and who executed the withiti\nstrument,
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)
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ANNEXATION OF AZ-05-018 WESTBOROUGH SQUARE SUBDIVISION Page 3 of 3
PARCEL DESCRIPTION
February 14,2005
Project: Westborough Subdivision
Project No: 30363
Annexation Legal
A parcel ofIand being all ofIots 1 through 8 of West borough Subdivision, as filed in Book 87 at Page 9884
of Plats, Records of Ada County, Idaho, and a portion of the northeast Y4 of Section 30, Township 4 North,
Range I East of the Boise Meridian, Ada County, Idaho, more particularly described as follows:
COMMENCING at the found 3.5" brass cap, comer record no. 8953713, marking the northwest comer of
the northeast ~ (north !4 comer) of said Section 30;
Thence South 89051'3511 East coincident with the north line of the said northeast y.. of Section 30, a distance
of 1292.00 feet to the intersection of the said north line of northeast y.. of Section 30, the centerline of
Jericho Road and the POINT OF BEGINNING;
Thence continuing South 89051'35" East coincident with the said north line of the northeast !4 of Section
30, a distance of25.00 feet to a found 5/8" rebar/no cap, marking the northwest comer of the northeast ~ of
the northeast !4 (east 1/16 comer) of said Section 30;
Thence continuing South 89051'35" East coincident with the said north line of the northeast !4 of Section
30, a distance of578.78 feet;
Thence South 00037'36" West coincident with the easterly boundary line of said Lots 6 and 7 of
Westborough Subdivision, 490.02 feet to a found 5/8" rebar/cap PLS 4431;
Thence South 89051 '35" East coincident with the northerly boundary line of said Lot 7 of Westborough
Subdivision, 237.62 feet to a found 2" aluminum cap PLS 5461;
Thence South 17019'14" East coincident with the said easterly boundary line of Lot 7 of Westborough
Subdivision, 344.32 feet to a found 5/8" rebar/cap PLS 4431;
Thence South 89052'57" East coincident with the said northerly boundary line of Lot 7 of Westborough
Subdivision, 394.49 feet to a found 5/8" rebar/cap PLS 4431 and the east line of the said northeast !4 of
Section 30;
Thence South. 00037'40" West coincident with the said east line of the said northeast !4 of Section 30, a
distance of 510.03 feet to a found 5/8" rebar/cap PLS 4431, marking the southeast comer of the northeast J/.i
of the. northeast v.. (north 1/16 comer) of said Section 30;
Th.ence North 89049'03" West coincident with the southerly boundary line of said Lots 8 and 7 of
Westborough Subdivision, 1314.01 feet to a found 5/8" rebar!cap PLS 4431, marking the southwest corner
of the said northeast !4 of the northeast v.. (NE 1116 corner) of Section 30;
Thence continuing North 89049'03" West, 25.00 feet to the centerline of Jericho Road;
Thence North 00029'56" East coincident with the said centerline of Jericho Road, 1327.35 feet to the
POINT OF BEGINNING.
The above described parcel contains 1271258 square feet or 29.18 acres, more or less.
Together with and subject to covenants, easements and restrictions of record.
EXHIBIT MAP
FOR
WESTBORO UGH SUBDIVISION
ANNEXA TION
ALL OF LOTS 1 THROUGH 8 OF
WESTBOROUGH SUBDIVISION AND AND A PORTION OF
THE NE 1/4 OF SECTION 3D. T4N. R1E. H.M., J
ADA COUNTY, IDAHO ~
~
-8-
I
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C_P.'. 199.5Jl1J
BASIS OF BEARINGS
ss9~1.J.5c ,t.:.u.OO'
I Lot 6, 811< Ll~g~e~~~C:;~~i;~: StIOdJvlS;onl
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t/a~?~~iY 5f/::;~(DJ~/CAP
Ord. 110. DSlS-:'1l ~ u
IIEo~~I~IC
DoilJI;!. ldu:hl) 0310-5
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RE IN A ,6. , <'1'-"
BY
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9:C 2'130
E~l1ibi( References:
[xhibit A = Lots 1-7
[xhibit A. Parcel .3 = lot 7
Exhibit A. Parcel 2 = Lots 1-5
Exhibit A. Parcel I = Lol 8
ADA COUNTY RECORDER J/'""VID NAVARRO
BOISE IDAHO 10113/05 03:l ,W
DEPUTY Neava Haney
RECORDED-REQUEST OF
Meridian City
AMOUNT .00
111111111I111111111111111111111111111
1121515271216
CITY OF MERIDIAN ORDINANCE NO. () S - / I g 7
BY THE CITY COUNCIL: BIRD, DONNELL, ROUNTREE, WARDLE
AN ORDINANCE (AZ-027 MAXFIELD SUBDIVISION) FOR ANNEXATION OF
PROPERTY LOCATED IN LOT 5 OF THE AMENDED PLAT OF LOTS 3, 4, 5, 6
& 7 OF GOLDEN EAGLE ESTATES AND A PORTION OF SOUTH EAGLE
ROAD AND WEST FALCON DRIVE RIGHTS OF WAY SITUATION IN THE
NORTH ~ OF THE NORTHWEST 14, SECTION 28, TOWNSHIP 3 NORTH,
RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO AS DESCRIBED
IN ATTACHMENT "A" AND ANNEXING CERTAIN LANDS AND
TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND
CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN
AS REQUESTED BY THE CITY OF MERIDIAN; ESTABLISHING AND
DETERMINING THE LAND USE ZONING CLASSIFICATION OF SAID
LANDS FROM RUT (ADA COUNTY) TO R-8 (MEDIUM DENSITY
RESIDENTIAL) 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
ofthe City of Meridian, Idaho, and that the City of Meridian has received a written
request for annexation and re-zoning by the owner of said property, to-wit: Cottage
investors II, LLC
SECTION 2. That the above-described real property is hereby annexed and re-
zoned from RUT (Ada County) to R-8 (Medium Density Residential) in the Meridian
City Code.
SECTION 3. That the City has authority pursuant to the laws of the State of
Idaho, and the Ordinances of the City of Meridian to annex and zone said property.
ANNEXATION OF AZ-05-027 MAXFIELD SUBDIVISION
Page 1 of3
SECTION 4. That the City has complied with all the noticing requirements
pursuant to the laws of the State ofIdaho, and the Ordinances ofthe City of Meridian to
annex and re-zone said property.
SECTION 5. That the City Engineer is hereby directed to alter all use and area
maps as well as the official zoning maps, and all official maps depicting the boundaries
and the zoning districts of the City of Meridian in accordance with this ordinance.
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 (112) plus one (1)
of the Members of the full Council, the rule requiring two (2) separate readings by title
and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly,
this Ordinance shall be in full force and effect upon its passage, approval and publication.
PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN,
IDAHO, this 4~ day of (tJ~ ~ ,2005.
APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO,
this 16 day of tJ ~ ~ . 2005.
~......r.-~ ..
.-" .-'_. .~ .
MAYO~-\4Ie-W.EERD~~
ANNEXATION OF AZ-05-027 MAXFIELD SUBDIVISION
Page 2 of3
ST ATE OF IDAHO, )
) ss.
County of Ada )
On this ~ day of 17,L~ ,2005, before me, the
undersigned, a Notary Public in and for said State, personally appeared T A~eWY~
yv\. b< , known to me to be the Mayor and1\Clty Clerk,
O-,((;\.. respectively, of the CITY of Meridian, Idaho, and who executed the within lIlstrument,
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)
""'~.... ;"':;:#####;
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ANNEXATION OF AZ-OS-027 MAXFrELD SUBDIVISION
Page 3 of3
FOX Land Surveys, Inc"
4696 W. Overland Rd. STE 16UBoise IdahoA83705~Os..342-7957 ~08-342-7437 FAX
MAXFIELD ANNEXATION
LOT 5 OF THE AMENDED PLAT OF LOTS 3, 4, 5, 6 AND 7 OF GOLDEN EAGLE ESTATES AND A
PORTION OF SOUTH EAGLE ROAD AND WEST FALCON DRIVE RIGHTS OF WAY SITUATED IN THE
NORTH Yz OF THE NORTHWEST %, SECTION 28, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE
MERIDIAN, ADA COUNTY, IDAHO
Lot 5 of the Amended Plat of Lots 3, 4, 5, 6 and 7 of Golden Eagle Estates and a portion of
the South Eagle Road and West Falcon Drive Rights of Way situated in the North % of the
Northwest 'X, Section 28, Township 3 North, Range 1 East, Boise Meridian, Ada County,
Idaho more particularly described as follows;
Beginning at the found Brass cap marking the Northwest corner of Section 28, T.3N, R.1 E,
from which the found Brass Cap marking the North % corner of Section 28 bears South
89036'03" East;
thence along the West boundary line of said Section 28, South 00027'43" West a distance
of 1320.99 feet to a found 5/8 inch rebar with no cap marking the N 1/16 of said Section 28
at the TRUE POINT OF BEGINNING.
thence along said Section line and the center line of South Eagle Road, North 00027'43"
East a distance of 663.95 feet to a point of intersection with West Falcon Drive;
thence along the center line of said West Falcon Drive the following courses and
distances:
South 899 32' 17" East a distance of 50.11 feet to a point at the beginning of a curve to the
right;
Along said curve to the right having a length of 44.48 feet, a radius of 42.85 feet, a central
angle of 59028'27", tangents of 44.48 feet, and a long chord which bears South 59048'04"
East, a distance of 42.51 feet to a point;
South 30003'50" East a distance of 164.85 feet to a point at the beginning of a curve to the
left;
Along said curve to the left having a length of 80.26 feet, a radius of 75.00 feet, a central
angle of 61018'47" f tangents of 44.45 feet, and a long chord which bears South 60043'13"
East, a distance of 76.48 feet to a point;
North 88037'23" East a distance of 127.44 teet to a point at the beginning of a curve to the
left;
along said curve to the left having a length of 20.08 feet, a radius of 75.00 feet, a central
angle of 15020'25", tangents of 10.10 feet, and a long chord which bears North 80057'11"
East, a distance of 20.02 feet to a point;
North 73016'58" East a distance of 65.38 feet to a point;
thence leaving said center line South 16.43'02" East a distance of 25.00 feet to a set 5/8
inch rebar with plastic cap stamped "FLSI PLS 7612" at the north corner common to Lots 5
and 6 Block 1 of the Amended Plat of Lots 3, 4, 5, 6 and 7 ot Golden Eagle Estates
Subdivision;
thence along the line common to said Lots 5 and 6, South 00021 '38" West a distance of
467.09 feet to a set 5/8 inch rebarwith plastic cap stamped "FLSI PLS 7612" at the south
corner common to said Lots 5 and 6 and to the North 1/16 line of said Section 28;
thence along the south /ine of said Lot 5 and along said North 1/16 line North 89030' 16"
West a distance of 455.55 feet to the TRUE POINT OF BEGINNING.
Containing 5.502 acres, more or less.
Subject to existing easements and rights-at-way as any may exist, of record or not of
record.
The Basis of Bearings for this description is between the found Brass cap marking the
Northwest corner of Section 28, T.3N, R 1 E, from which the found Brass Cap marking the
North "!4 corner of Section 28 bears South 89036'03" East
"-
Timothy J. Fox, PLS 7612
D:\PROJECTS\2005\05.D08. PRJ\PROJECT\DESCRIPTIONS\508-SUB ANNEX DESC.OOC
END OF DESCRIPTION
~9Yf~c'~'
2 3 2005
MERIDIAN PUBUC
WORKS DEPT.
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CITY OF MERIDIAN ORDINANCE NO.
(JS -If 81
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BY THE CITY COUNCIL: BIRD, DONNELL, ROUNTREE, WARDLE
AN ORDINANCE (AZ-012 EL GATO SUBDIVISION) FOR ANNEXATION OF
PROPERTY LOCATED IN A PORTION OF THE NORTHEAST ~ OF THE
SOUTHEAST ~ OF SECTION 9, TOWNSHIP 3 NORTH, RANGE 1 WEST
BOISE MERIDIAN, ADA COUNTY, IDAHO AS DESCRIBED IN
ATTACHMENT "A" AND ANNEXING CERTAIN LANDS AND TERRITORY,
SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS
TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS
REQUESTED BY THE CITY OF MERIDIAN; ESTABLISHING AND
DETERMINING THE LAND USE ZONING CLASSIFICATION OF SAID
LANDS FROM RUT (ADA COUNTY) TO R-3 (LOW DENSITY RESIDENTIAL
DISTRICT) IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF
THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR,
THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX
COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A
SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF
THE READING RULES; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE
CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO:
SECTION 1. That the following described land as evidenced by attached Legal
Description herein incorporated by reference as Exhibit "A" is within the corporate limits
of the City of Me1idian, Idaho, and that the City of Meridian has received a written
request for annexation and fe-zoning by the owner of said property, to-wit: El Gala, LLC
SECTION 2. That the above-described real property is hereby amlexed and re-
zoned from RUT (Ada County) to R-3 (Low Density Residential District) in the Meridian
City Code.
SECTION 3. That the City has authofity pursuant to the laws of the State of
Idaho, and the Ordinances of the City of Meridian to annex and zone said property.
SECTION 4. That the City has complied with all the noticing requirements
pursuant to the laws of the State ofIdaho, and the Ordinances of the City of Meridian to
annex and re-zone said property.
SECTION 5. That the City Engineer is hereby directed to alter all use and area
maps as well as the official zoning maps, and all official maps depicting the boundaries
and the zoning districts of the City of Meridian in accordance with this ordinance.
ANNEXATION ORDINANCE - AZ-OS-012 EL GATO SUBDNISION
Page 1 of3
SECTION 6. All ordinances, resolutions, orders or pmis thereof in conflict
herewith are hereby repealed, rescinded and annulled.
SECTION 7. This ordinance shall be in full force and effect fi~om 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 celiified copy of this ordinance
and a map prepared in a draftsman mmmer, 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 ofthis
ordinance and map with the State Tax Commission of the State of Idaho.
SECTION 9. That pursuant to the affirmative vote of one-half (112) plus one (1)
of the Members 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 ./;-I!:.. day of !lw ~ .2005.
APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO,
this !/IJ day of ~ uft; ~ .2005.
ATTEST:
ANNEXATION ORDINANCE - AZ-OS-012 EL GATO SUBDIVISION
Page 2 of3
STATE OF IDAHO, )
) ss.
County of Ada )
On this /Ii~ay of ()c-bG er ,2005, before me, the
undersigned, a Notary ~ 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)
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ANNEXATION ORDINANCE - AZ-05-012 EL GATO SUBDIVISION
Page 3 of 3
PARCEL DESCRIPTION
Febmary 14, 2005
Proj ect:
Project No.:
701 BLACKCAT ROAD
ANNEXATION LEGAL DESClUPTION
A parcel of land located in the northeast'!. ofthe southeast'!. of Section 9, Township 3 North, Range I West, Boise
Meridian, City of Meridian, Ada County, [daho, more particularly described as follows;
COMl\i1ENCING at the northeast corner of the northeast 'I. of the southeast'!. (east 'I. corner) of Section 9 and the
POINT OF BEGINNING;
Thence Sonth 00"38'45 West coincident with the east line of the said northeast'!. of the southeast 'I. of
Section 9 a distance of781.46 feetto the north line ofthe Oregon Short Line Railroad right-of-way;
Thence North 88"25 '21" West coincident with the said north line ofthe Oregon Short Line Railroad right-
of-way 355.27 feet;
Thence North 00"38'45" East parallel with the east line of the said northeast 'I. of the southeast'!. of
Section 9 a distance of773.99 feet;
Thence South 89"37'43" East coincident with the north line of the said northeast'!. ofthe southeast 'I. of
Section 9 a distance of 355.22 feet to the POINT OF BEGINNING.
The parcel above described contains 6.34 acres more or less.
Together with and subject to covenants, easements, and restrictions of record.
Basis of bearings is South 00"38'45" East between the east'!. comer of Section 9 and the 3" brass cap (comer record
#8725137) marking the sO\ltheasl comer of See lion 9 both in Township 3 NOlih, Range I West.
David S. Short Jr. P.L.S.
End ofDescriplion.
~
R~PPRDJlA~\J2- \
BY ~
2 1, 2005
MERIDIAN PUBl.lC
WORKS DEPT.
1:\Projoots\Ccnger\32378 70 I Bl.ol<o.ll.slllvey\log.]s\Annox.ticn Legal
DSS/cp
2/14/05 Page 1 of 1
EI Gato S\lbdivision
Exhibit A
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ANNEXATION LEGAL
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ADA COUNTY RECORDER J. DAVID NAVARRO
BOISE IDAHO 11/03/0f}fl1:47 PM
DEPUTY Vicki Allen l
RECORDED - REQUEST OF
Meridian City
AMOUNT .00
111111111I1111 ~ III ~11I1 ~ 11111111111
1 1:::1.-, 16bJ;:;. 1..J
CITY OF MERIDIAN ORDINANCE NO. tJ 5 -I ( 0/ 2--
BY THE CITY COUNCIL: BIRD, DONNELL, ROUNTREE, WARDLE
AN ORDINANCE (AZ-05-030 WINDW ALKER SUBDIVISION) FOR
ANNEXATION OF PROPERTY LOCATED IN THE NW y,; OF THE SW y,; OF
SECTION 20, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA
COUNTY, IDAHO AS DESCRIBED IN ATTACHMENT "A" AND ANNEXING
CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO,
AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE
CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN;
ESTABLISHING AND DETERMINING THE LAND USE ZONING
CLASSIFICATION OF SAID LANDS FROM RUT (ADA COUNTY) TO R-8
(MEDIUM DENSITY) 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
ofthe City of Meridian, Idaho, and that the City of Meridian has received a written
request for alUlexation and re-zoning by the owner of said property, to-wit: Brighton
Corporation.
SECTION 2. That the above-described real property is hereby alUlexed and re-
zoned from RUT (Ada County) to R-8 (Medium Density) in the Meridian City Code.
SECTION 3. That the City has authority pursuant to the laws of the State of
Idaho, and the Ordinances of the City of Meridian to annex and 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 to
annex and re-zone said property.
SECTION 5. That the City Engineer is hereby directed to alter all use and area
maps as well as the official zoning maps, and all official maps depicting the boundaries
and the zoning districts of the City of Meridian in accordance with this ordinance.
ANNEXATION OF AZ-05-030 WINDW ALKER SUBDIVISION
Page 1 of3
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 ofthe 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 mamler, including the lands herein rezoned, with the
following officials of the County of Ada, State ofIdaho, to-wit: the Recorder, Auditor,
Treasurer and Assessor and shall also file simultaneously a celiified copy of this
ordinance and map with the State Tax Commission of the State of Idaho.
SECTION 9. That pursuant to the affirmative vote of one-half (112) plus one (1)
of the Members 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 / 8~ day of Ocf.t; ~ . 2005.
APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO,
this (g-r!1 day of t9 c/h ~ , 2005.
~~
MAYOR T de WEERD
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ATTEST: ~" (\
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~~ -~~/~ .
WILLIAM 'G. BERG, JR., CITY ci1i:- J:) ~
"~':~~""'"'''' "",:, :~~/
ANNEXATION OF AZ-05-030 WINDW ALKER SUBDIVISION
Page 2 of3
STATE OF IDAHO, )
) ss.
County of Ada )
On this K'Hd'ay of f) C+V~ , 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, ofthe 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)
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NOTARY PUBLIC FOR IDAHO
RESIDING AT: me LIo/?. _jot '
MY COMMISSION EXPIRES: ~ I
ANNEXA TION OF AZ-05-030 WINDW ALKER SUBDIVISION
Page 3 of3
ADA COUNTY RECORDE{JAVID NAVARRO
BOISE IDAHO 10/13/05 03:42 PM
DEPUTY Neava Hanev
RECORDED-REQUEST OF
Meridian Cily
AMOUNT .00
46
1111 IIIIIIIIIIIfII 1I/1I1/11I1ff 1/1111
10515270:::
DEVELOPMENT AGREEMENT
PARTIES: 1.
2.
City of Meridian
Cottage Investors II, LLC, Owner/Developer
THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and
entered into this 2'7JJ..- day of ~..e..v, 2005, by and between City of Meridian, a
municipal corporation of the State 0 Idaho, hereafter called "CITY', and Cottage Investors
II, LLC, hereinafter called "OWNER/DEVELOPER".
1.
REelT ALS:
1.1 WHEREAS, "OWNER/DEVELOPER" is the sole owner, in law
and/or equity, of certain tract of land in the County of Ada, State of
Idaho, described in Exhibit A for each owner, which is attached
hereto and by this reference incorporated herein as if set forth in full,
herein after referred to as the "Property"; and
1.2 WHEREAS, I.C. S 67 -6511A, Idaho Code, provides that cities may,
by ordinance, require or permit as a condition of re-zoning that the
"Owner/Developer" make a written commitment concerning the use
or development of the subject "Propel1y"; and
1.3 WHEREAS, "City" has exercised its statutory authority by the
enactment of Ordinance 11-15-12 and 11- I 6-4 A, which authorizes
development agreements upon the annexation and/or re-zoning of
land; and
1.4 WHEREAS, "Owner/Developer" has submitted an application for
annexation and zoning of the "Property's" described in Exhibit A,
and has requested a designation of (R-8) Medium Density
Residential, (Municipal Code of the City of Meridian); and
1.5 WHEREAS, "Owner" made representations at the public hearings
both before the Meridian Planning & Zoning Commission and before
the Meridian City Council, as to how the subject "Property" will be
developed and what improvements will be made; and
1.6 WHEREAS, record of the proceedings for the requested annexation
and zoning designation of the subject "Property" held before the
DEVELOPMENT AGREEMENT (AZ 05-027) MAXFIELD SUBDIVISION)
PAGE 1 OF 10
PlalU1ing & Zoning Commission, and subsequently before the City
Council, include responses of government subdivisions providing
services within the City of Meridian planning jurisdiction, and
received further testimony and comment; and
1.7 WHEREAS, City Council, the 23rd day of August, 2005, has
approved certain Findings of Fact and Conclusions of Law and
Decision and Order, set forth in Exhibit B, which are attached hereto
and by this reference incorporated herein as if set forth in full,
hereinafter referred to as (the "Findings"); and
1.8 WHEREAS, the Findings require the "Owner/Developer" to enter
into a development agreement before the City Council takes final
action on annexation and zoning designation; and
1.9 "OWNER~~ deems it to be in its best interest to be able to enter into
tlus Agreement and acknowledges that this Agreement was entered
into voluntarily and at its urging and requests; and
1.10 WHEREAS, "City" requires the "Owner/Developer" to enter into a
development agreement for the purpose of ensuring that the
"Property" is developed and the subsequent use of the "Property" is in
accordance with the terms and conditions of this development
agreement, herein being established as a result of evidence received
by the "City" in the proceedings for zoning designation from
government subdivisions providing services within the planning
jurisdiction and from affected property owners and to ensure re-
zoning designation is in accordance with the amended
Comprehensive Plan of the City of Meridian adopted August 6, 2002,
Resolution No. 02-382, and the Zoning and Development Ordinances
codified in Meridian City Code Title 11 and Title 12.
NOW, THEREFORE, in consideration of the covenants and conditions set
forth herein, the parties agree as follows:
2. INCORPORATION OF REeITALS: That the above recitals are
contractual and binding and are incorporated herein as if set forth in full.
DEVELOPMENT AGREEMENT (AZ 05-027) MAXFIELD SUBDIVISION)
PAGE 2 OF 10
3. DEFINITIONS: For all purposes of this Agreement the following words,
terms, and phrases herein contained in this section shall be defined and interpreted as herein
provided for, unless the clear context of the presentation of the same requires otherwise:
3.1
"CITY": means and refers to the City of Meridian, a party to this
Agreement, which is a municipal Corporation and govenunent
subdivision of the state ofIdaho, organized and existing by vil1ue of
law of the State of Idaho, whose address is 33 East Idaho Avenue,
Meridian, Idaho 83642.
3.2
~~OWNER/DEVELOPER": means and refers to Cottage Investors /lE\
II, LLC, whose address is 1920 Mayflower W ay, ~~iflffiH; ID-8-3-642- ~
the party developing said "Propel1y" and shall inclufigla~~subse~JlA'r
developer( s) of the "Property".
3.3
"PROPERTY": means and refers to that certain parcel(s) of
"Propel1y" located in the County of Ada, City of Meridian as
described in Exhibit A describing the parcels to be annexed a11d
zoned R -8 (Medium Density Residential) attached hereto and by this
reference incorporated herein as if set forth at length.
4.
USES PERMITTED BY THIS AGREEMENT:
4. I The uses allowed pursuant to this Agreement are only those uses
allowed tmder "City's" Zoning Ordinance codified at Meridian City
Code Section l.1.:l::2....il which are herein specified as follows:
Construction and development of either a conditional use permit or
a planned development application shall be submitted to the City of
Meridian prior to a future development in the R-8 zone, and the
pertinent provisions of the City of Meridian Comprehensive Plan
are applicable to this AZ 05-027 application.
4.2 No change in the uses specified in this Agreement shall be allowed
without modification of this Agreement
5. DEVELOPMENT IN CONDITIONAL USE: "Developer" has submitted
to "City" an application for conditional use permit site plan dated May 23,2005, and shall be
required to obtain the "City'" approval thereof, in accordance to the City's Zoning and
Development Ordinance criteria, therein, provided, prior to, and as a condition of, the
DEVELOPMENT AGREEMENT (AZ 05-027) MAXFIELD SUBDIVISrON)
PAGE 3 OF 10
commencement of construction of any buildings or improvements on the "Property" that
require a conditional use permit.
6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT
PROPERTY:
6.1. "Developer" shall develop the "Property" in accordance with the following
special conditions:
]. That the applicant agrees to construct no more than six (6) additional
primary structures on this site. Said structures shall be limited to five
(5) retirement homes and one (1) clubhouse building.
2, That the applicant is required to hook-up the existing single-family
home to city sewer and water with the construction of Phase 1, not
before.
7. COMPLIANCE PERIOD/eONSENT TO REZONE: This Agreement and
the commitments contained herein shall be terminated, and the zoning designation reversed,
upon a default of the "Owner" or "Owners" heirs, successors, assigns, to comply with
Section 6 entitled "Conditions Governing Development of Subject Property" of this
agreement within two years of the date this Agreement is effective, and after the "City" has
complied with the notice and hearing procedures as outlined in Idaho Code S 67-6509, or any
subsequent amendments or recodifications thereof.
8. CONSENT TO DE-ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
"OwnerlDeveloper" consents upon default to the reversal of the zoning
designation of the "Property" subject to and conditioned upon the following conditions
precedent to-wit:
8.1 That the "City" provide written notice of any failure to comply with
this Agreement to "Owner/Developer" and if the "OwnerlDeveloper"
fails to cure such failure within six (6) months of such notice.
9. INSPECTION: "Owner/Developer" shall, immediately upon completion of
any portion or the entirety of said development of the "Property" as required by this
agreement or by City ordinance or policy, notify the City Engineer and request the City
Engineer's inspections and written approval of such completed improvements or pOliion
DEVELOPMENT AGREEMENT (AZ 05-027) MAXFIELD SUBDIVISION)
PAGE 4 OF 10
thereofin accordance with the terms and conditions of this Development Agreement and all
other ordinances of the "City" that apply to said Development.
10. DEFAULT:
10.1 In the event "Owner/Developer", "Owner/Developer's" heirs,
successors, assigns, or subsequent owners of the "Property" or any
other person acquiring an interest in the "Property", fail to faithfully
comply with all of the terms and conditions included in this
Agreement in connection with the "Property", this Agreement may be
modified or terminated by the "City" upon compliance with the
requirements of the Zoning Ordinance.
1 0.2 A waiver by "City" of any default by "Owner/Developer" of anyone
or more of the covenants or conditions hereof shall apply solely to the
breach and breaches waived and shall not bar any other rights or
remedies of "City" or apply to any subsequent breach of any such or
other covenants and conditions.
11. REQUIREMENT FOR RECORDATION: "City" shall record either a
memorandum of this Agreement or this Agreement, including all of the Exhibits, at
"Owner's" cost, and submit proof of such recording to "Owner", prior to the third reading of
the Meridian Zoning Ordinance in connection with the re-zoning of the "Property" by the
City Council. If for any reason after such recordation, the City Council fails to adopt the
ordinance in connection with the annexation and zoning of the "Property" contemplated
hereby, the "City" shall execute and record an appropriate instrument of release of this
Agreement.
12. ZONING: "City" shall, following recordation of the duly approved
Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein.
13. REMED IES: This Agreement shall be enforceable in any comt of competent
jurisdiction by either "City" or "Owner/Developer", or by any successor or successors in title
or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action
at law or in equity to secure the specific performance of the covenants, agreements,
conditions, and obligations contained herein.
13.1 In the event of a material breach of this Agreement, the parties agree
that "City" and "Owner" shall have thirty (30) days after delivery of
notice of said breach to conect the same prior to the non-breaching
DEVELOPMENT AGREEMENT (AZ 05-027) MAXFIELD SUBDIVISION)
PAGE 5 OF 10
party's seeking of any remedy provided for herein; provided,
however, that in the case of any such default which calU10t with
diligence be cured within such thirty (30) day period, if the defaulting
party shall commence to cure the same within such thirty (30) day
period and thereafter shall prosecute the curing of same with
diligence and continuity, then the time allowed to cure such failure
may be extended for such period as may be necessary to complete the
curing of the same with diligence and continuity.
13.2 In the event the performance of any covenant to be performed
hereunder by either "Owner/Developer" or "City" is delayed for
causes which are beyond the reasonable control of the party
responsible for such performance, which shall include, without
limitation, acts of civil disobedience, strikes or similar causes, the
time for such performance shall be extended by the amount of time of
such delay.
14. SURETY OF PERFORMANCE: The "City" may also require surety
bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as
allowed under Meridian City Code ~12-5-3, to insure that installation of the improvements,
which the "Owner/Developer" agrees to provide, jf required by the "City".
15. eERTIFICATE OF OCCUPANCY: The "OwnerlDeveloper" agrees that
no Certificates of Occupancy will be issued until all improvements are completed, unless the
"City" and "Owner/Developer" has entered into an addendum agreement stating when the
improvements will be completed in a phased developed; and in any event, no Celiificates of
Occupancy shall be issued in any phase in which the improvements have not been installed,
completed, and accepted by the "City".
16. ABIDE BY ALL CITY ORDINANCES: That "Owner/Developer" agrees
to abide by all ordinances of the City of Meridian and the "Propeliy" shall be subject to de-
annexation if the owner or his assigns, heirs, or successors shall not meet the conditions
contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and
the Ordinances of the City of Meridian.
17. NOTleES: Any notice desired by the parties and/or required by this
Agreement shall be deemed delivered if and when personally delivered or three (3) days after
deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt
requested, addressed as follows:
DEVELOPMENT AGREEMENT (AZ 05.027) MAXFIELD SUBDIVISION)
PAGE 6 OF 10
CITY:
OWNERlDEVELOPER:
c/o City Engineer
City of Meridian
33 E. Idaho Ave.
Meridian,ID 83642
Cottage Investors II, LLC
1920 Mayflower Way
~-kJiaa.: ID &3{f4"2 C')
Boc.SG' P31{)1 e~
with copy to:
City Clerk
City of Meridian
33 E. Idaho Avenue
Meridian, rD 83642
17.1 A party shall have the right to change its address by delivering to the
other party a written notification thereof in accordance with the
requirements of this section.
18. ATTORNEY FEES: Should any litigation be commenced between the
pmties 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 attorney's fees as
determined by a COUlt of competent jurisdiction. This provision shall be deemed to be a
separate contract between the parties and shall survive any default, termination or forfeiture
of this Agreement.
19. TIME IS OF THE ESSENCE: The parties hereto aclmowledge and agree
that time is strictly of the essence with respect to each and every term, condition and
provision hereof, and that the failure to timely perform any of the obligations hereunder shall
constitute a breach of and a default under this Agreement by the other party so failing to
perform.
20. BINDING UPON SUCeESSORS: This Agreement shall be binding upon
and inure to the benefit of the parties' respective heirs, successors, assigns and personal
representatives, including "City's" corporate authorities and their successors in office. This
Agreement shall be binding on the "Owner" of the "Property", each subsequent owner and
any other person acquiring an interest in the "Property". Nothing herein shall in any way
prevent sale or alienation of the "Propel1y", or portions thereof, except that any sale or
alienation shall be subject to the provisions hereof and any successor owner or owners shall
be both benefited and bound by the conditions and restrictions herein expressed. "City"
agrees, upon written request of "Owner", to execute appropriate a11d recordable evidence of
DEVELOPMENT AGREEMENT (AZ 05-027) MAXFIELD SUBDIVISION)
PAGE 7 OF 10
termination of this Agreement if "City", in its sole and reasonable discretion, had detennined
that "Owner" has fully performed its obligations under this Agreement.
21. INVALID PROVISION: If any provision of this Agreement is held not
valid by a court of competent jurisdiction, such provision shall be deemed to be excised from
this Agreement and the invalidity thereof shall not affect any of the other provisions
contained herein.
22. FINAL AGREEMENT: This Agreement sets forth all promises,
inducements, agreements, condition and understandings between "Owner/Developer" and
"City" relative to the subject matter hereof, and there are no promises, agreements,
conditions or understanding, either oral or written, express or implied, between
"OwnerlDeveloper" and "City", other than as are stated herein. Except as herein otherwise
provided, no subsequent alteration, amendment, change or addition to this Agreement shall
be binding upon the parties hereto unless reduced to writing and signed by them or their
successors in interest or their assigns, and pursuant, with respect to "City", to a duly adopted
ordinance or resolution of "City".
22.1 No condition governing the uses and/or conditions governing re-zoning of the
subject "Property" herein provided for can be modified or amended without
the approval of the City Council after the "City" has conducted public
hearing(s) in accordance with the notice provisions provided for a zoning
designation and/or amendment in force at the time of the proposed
amendment.
23. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective
on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning
Ordinance in connection with the annexation and zoning of the "Property" and execution of
the Mayor and City Clerk.
AeKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement
and made it effective as hereinabove provided.
OWNER /DEVELOPER:
AA)~ ' t:6J
GAROLD MAXFIEL on behalf of
COTTAGE INVESTORS II, LLC
DEVELOPMENT AGREEMENT (AZ 05-027) MAXFIELD SUBDIVISION)
PAGE 8 OF 10
CITY OF MERIDIAN
BY"~0
"MAYOR T .. , e WEERD
~~k.~1:)~161'1 ell:; [o-wr~ 10-4-05
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Attest:
DEVELOPMENT AGREEMENT (AZ 05-027) MAXFIELD SUBDIVISION)
PAGE 9 OF 10
STATE OF IDAHO,
: ss:
County of Ada,
On this ~day of (' ?~/)L.hl;)///)' 2005, before me, the undersigned, a
Notal)' Public in and for said State, personally appeared Garold Maxfield on behalf of
Cottage Investors II, LLC, known or identified to me to be the
C/:-'"(') of said corporation, who executed the instnunent on behalf of
said corporation, and acknowledged to me that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and ye~I\J~'t~\~Y~t)~jificate first above written.
........' :i R. Fl.~ I""
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(SEAL)
STATE OF IDAHO
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Notary p' lie for Idaho .
Residing at: /} }.cjlIC/.rC:c:/~L-/
My Commission Expires: 7.2)(,07
COlIDty of Ada
On this~ day of t'c4.,.:;Ibpv"" ,2005, before me, a Notal)'
Public, personally appeared Tammy 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.
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DEVELOPMENT ~~~~~~~ (AZ 05-027) MAXFIELD SUBDIVISION)
PAGE 10 OF 10
4696 W. Overland Rd. STE 162ABoise DdahoA83705.1208-3.42-7957,u08-342_7437 FAX
MAXFIELD ANNEXATION
LOT 5 OF THE AMENDED PLAT OF LOTS 3, 4, 5, 6 AND 7 OF GOLDEN EAGLE ESTATES AND A
PORTION OF SOUTH EAGLE ROAD AND WEST FALCON DRIVE RIGHTS OF WAY SITUATED IN THE
NORTH % OF THE NORTHWEST %, SECTION 28, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE
MERIDIAN, ADA COUNTY, IDAHO
Lot 5 of the Amended Plat of Lots 3, 4, 5, 6 and 7 of Golden Eagle Estates and a portion of
the South Eagle Road and West Falcon Drive Rights of Way situated in the North % of the
Northwest %, Section 28, Township 3 North, Range 1 East, Boise Meridian, Ada County,
Idaho more particularly described as follows;
Beginning at the found Brass cap marking the Northwest corner of Section 28, T.3N, R.1 E,
from which the found Brass Cap marking the North x.. corner of Section 28 bears South
89036'03" East;
thence along the West boundary line of said Section 28, South 00027'43" West a distance
of 1320.99 feet to a found 5/8 inch rebar with no cap marking the N 1/16 of said Section 28
at the TRUE POINT OF BEGINNING.
thence along said Section line and the center line of South Eagle Road, North 00027'43"
East a distance of 663.95 feet to a point of intersection with West Falcon Drive;
thence along the center line of said West Falcon Drive the following courses and
distances:
South 890 32' 17" East a distance of 50.11 feet to a point at the beginning of a curve to the
right;
Along said curve to the right having a length of 44.48 feet, a radius of 42.85 feet, a central
angle of 59028'27", tangents of 44.48 feet, and a long chord which bears South 59048'04"
East, a distance of 42.51 feet to a point;
South 30003'50" East a distance of 164.85 feet to a point at the beginning of a curve to the
left;
Along said curve to the left having a length of 8026 feet, a radius of 75.00 feet, a central
angle of61018'47", tangents of 44.45 feet, and a long chord which bears South 60043'13"
East, a distance of 76.48 feet to a point;
North 88037'23" East a distance of 127.44 feet to a point at the beginning of a curve to the
left;
along said curve to the left having a length of 20.08 feet, a radius of 75.00 feet, a central
angle of 15020'25", tangents of 10.10 feet, and a long chord which bears North 80057'11"
East, a distance of 20.02 feet to a point;
North 73016'58" East a distance of 65.38 feet to a point;
thence leaving said center line South 16.43'02" East a distance of 25.00 feet to a set 5/8
inch rebar with plastic cap stamped "FLSI PLS 7612" at the north corner common to Lots 5
and 6 Block 1 of the Amended Plat of Lots 3, 4, 5, 6 and 7 of Golden Eagle Estates
Subdivision;
thence along the line common to said Lots 5 and 6, South 00021'38" West a distance of
467.09 feet to a set 5/8 inch rebar with plastic cap stamped "FLSf PLS 7612" at the south
corner common to said Lots 5 and 6 and to the North 1/16 line of said Section 28;
thence along the south line of said Lot 5 and along said North 1/16 line North 89030'16"
West a distance of 455.55 feet to the TRUE POINT OF BEGINNING.
Containing 5.502 acres, more or less.
Subject to existing easements and rights-of-way as any may exist, of record or not of
record.
The Basis of Bearings for this description is between the found Brass cap marking the
Northwest corner of Section 28, T.3N, R 1 E, from which the found Brass Cap marking the
North X corner of Section 28 bears South 89036'03" East.
'-
Timothy J. Fox, PLS 7612
D;\PROJECTSI200SIOS-OO&.PRJlPROJEClIDESCRIPTIONS\508-SUB ANNEX DESC.DOC
END OF DESCRIPTION
~9>If;c"~~
MAY 2 3 2005
MERIDIAN PUBLIC
WORKS DEPT.
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW AND
DECISION & ORDER
In the Matter of Annexation and Zoning of 5.5 Acres from RUT (Ada County) to R~8
(Medium Density Residential) AND Preliminary Plat Approval of Two (2) Buildable Lots
on 4.7 Acres AND Conditional Use Permit Approval for a Planned Development Consisting
of an Assisted Living Facility Containing 5 Buildings with Each Building Containing 15
beds for Maxfield Subdivision for Maxfield Subdivision, by The Land Group, Inc.
Case No(s): AZ-05-017, PP-05-027, CUP-05-034
For the City Council Hearing Date of: August 23,2005
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 ofpublic 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 August 23, 2005, public
hearing(s). The applicant, affected property awners~ 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).
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
There has been compliance with all notice and hearing requirements set forth in
Idaho Code ~67-6509, 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.
CITY OF MERfDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECIsrON & ORDER
CASE NO(S). AZ-OS-027I PP-OS-027 / CUP-05-034- PAGE] of5
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 ofissuance of these
findings is Cottage Investors II, LLC.
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 (I.e. ~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
hnpact 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 subj ect to the Legal Descriptions in Exhibit A, the Preliminary
Plat dated May 13, 2005 as shown in Exhibit B, the Site Plan dated May 13, 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
are concluded to be reasonable and the applicant shall meet such requirements as a
condition of approval of the application.
C. Decision and Order
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSiONS OF LAW AND DECrSION & ORDER
CASE NOeS). AZ-05-027 I PP-05-027 I CUP-05-034- PAGE 2 of 5
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 May 13, 2005 is hereby conditionally approved;
2. The applicant's Site Plan as evidenced by having submitted the Site Plan dated May
13,2005 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 willi 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.)
E. Notice afFinal 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
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-OS-027 / PP-05-027 I CUP-OS.034- PAGE 3 of 5
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 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.
F. Exhibits
Exhibit A: Legal Description
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 ;J3 ('cJ..... day of
Al15\ 1[.');.\.-) ,2005.
COUNCIL MEMBER SHAUN WARDLE
VOTED~
COUNCIL MEMBER CHRISTINE DONNELL
VOTED~
COUNCIL MEMBER CHARLIE ROUNTREE
VOTED~
COUNCIL MEMBER KEITH BIRD
VOTED~
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LA W AND DECISION & ORDER
CASE NO(S). AZ-05-027 / PP-05-027 / CUP-05-034- PAGE 4 of 5
MAYOR TAMMY de WEERD
(TIE BREAKER)
VOTED_
Attest:
and City Attorney.
By: JJhCl h()W\
City Clerk's Office
Dated: q ~ \ 1-05
CiTY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NOeS). AZ-05-027 J PP-05-027 I CUP.OS-034. PAGE S of5
EXHffiIT A
Maxfield Subdivision
AL-05-027
Legal Description
North 88"37'23' Easl a disilmce of 127A4feet 10 a point at the beginning Of a curve to the
left;
along said Curve to the left having a lenglh of 20.08 fEtet, a radius of 75.00 feel. a centra I
angle of 15"20'25",tangents of 10.10fe&t, and a long chord which bears North 80.57'11"
Easl, a distance or 20.02 feet to a point;
North 73'16'58' East B distance of 65.33 feet to a point;
thence leaving said center Hne South 16"43'02' r=ast a dislan ce of 25. 00 feat to a set 51B
inch rebarwith plastic cap slBrilped 'FLSI PLS 7612" at the north comer common to LOIs 5
and 6 BlOCk 1 of the Amended Plat of lots 3. 4, 5. 6 and 7 of Golden Eagle Estates
Subdivision;
lhance atong the line common 10 said lots 5 end 6. SOuth 00'21'3/3" West a distance of
467.09 feet to a S<ilt 518 inch rebarwith plastic cap stamped "Flsr PlS 7612" aUhe south
COfr18r COmmOn to said Lots 5 and 6 and to IhG North 1116 line of said Section 28:
thence along the south line of said Lot 5 and along sard North 1/16 line North 69030'16"
West a distance of 455.55 feet 10 the TRUE POINT OF BEGINNING.
Containing 5.502 acres, more or lass.
Subject to existing easements and rights-of-way as any may eXIst, of record or not of
record
The Basis of BearIngs for this description is between the found Brass cap marking the
Northwest comer of Section 28, T.3N. R.1E, from \tit1ich th",found Brass Cap marking the
North y. comer of Section 28 bears South 89"36'03" East.
END OF DESCRIPTION
Timolhy J. Fox, PLS 7612
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EXHIBIT B
Maxfield Subdivision
PP-OS-OZ7
Approved Preliminary Plat
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MAXFIELD SUBDIVISION
CITY OF MERIDIAN
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EXHIBIT C
Maxfield Subdivision
CUP-05-034
Approved Site Plan
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MAXFIELD SUBDiVisION
CITY OF MERIDIAN
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EXHmIT D
Maxfield Subdivision
AZ-OS-027
Annexation and Zoning Comments
ANEXA TION & ZONING FACTS AND COMMENTS
1. The legal description submitted with the application (dated 5-13-05, stamped by
Timothy J. Fox, PLS) shows the property as contiguous to the existing corporate
boundary ofthe City of Meridian and is approved.
2. Any future subdivision, uses and construction on this property shall comply with the
City of Meridian ordinances in effect at the time.
3. Prior to the annexation and zoning ordinance approval, a Development Agreement
(DA) shall be entered into between the City of Meridian, property owner (at the
time of annexation ordinance adoption), and the developer. The applicant shall
contact the City Attorney, Bill Nary, at 888-4433 to initiate this process. The DA
shall incorporate the following:
· That the applicant agrees to construct no more six (6) additional primary
structures on this site. Said structures shall be limited to five (5) retirement
homes and one (1) clubhouse building.
· That the aoolicant is reQuired to hook-UD the existinl! sinl!le-familv home to
citv sewer and water with the construction of Phase 1 not before.
EXHIBIT E
Maxfield Subdivision
PP-05-027
Preliminary Plat Site Specific and Standard Conditions
SITE SPECIFIC CONDITIONS (PRELIMINARY PLAT)
1. All conditions of the concurrent Annexation and Zoning (AZ-05-027) and
CUPIPD (CUP-05-034) applications shall also be considered conditions of the
Preliminary Plat (PP-05-027). The preliminary plat prepared by The Land Group,
Inc., dated 5-13-05 and labeled PP-l is approved with the changes and notes listed
below.
2. The Landscape Plan prepared by The Land Group, Inc., labeled sheet LI.O, dated
5-13-05, is approved with the following modification:
· In addition to the 20-foot wide buffer along the south property line and along the
north property line of Lot 1 that is adjacent to Lot 2, construct a 20-foot wide
landscape buffer along the east property line adjacent to the retirement homes.
3. Prior to the City Engineer's signature of the final plat, the existing structure(s) on
Lot 1 shall be removed, as proposed.
4. Underground year-round pressurized inigation must be provided to all10ts within
this development (MCC 12-S-2.N). The City of Meridian requires that pressurized
irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3).
The applicant shall be required to utilize any existing surface or well water for the
primary source. The applicant shall be responsible to prove to the Public Works
Department that a surface or well source is not available prior to using City water
as its primary source. If a single-point connection is utilized, the developer shall
be responsible for the payment of assessments for the conunon areas prior to
signature on the final plat by the City Engineer. An underground, pressurized
irrigation system shall be installed to all landscape areas per the approved
specifications and in accordance with MCC 12-13-8 and MCC 9-1-2.
5. All irrigation ditches, laterals or canals, exclusive of natural waterways,
intersecting, crossing or lying adjacent and contiguous to the area being
subdi vided 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 not be obtained, plans will be reviewed
and approved by the City Engineer prior to final plat signature.
6. A detailed fencing plan shall be submitted upon application of the final plat. If
pennanent fencing is not provided, temporary construction fencing to contain
debris must be installed around the perimeter prior to issuance of building
permits. All fences shall taper down to 3 feet maximum.within 20 feet of all right-
of~way. All fencing should be installed in accordance with MCC 12~4-1O_
Construct a 5-foot tall vinyl fence around the perimeter of the subdivision.
7. A drainage plan designed by a State of Idaho licensed architect or engineer is
required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all
off~street parking areas. Storm water treatment and disposal must be designed in
accordance with Department of Environmental Quality 1997 publication Catalog
of Storm Water Best Management Practices for Idaho Cities and Counties and
City of Meridian standards and policies. Off-site disposal into 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. The applicant shall be responsible for the assessments and the actual connection
of sewer and water to the existing house located on this project.
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. Water service shall be via main line extension from the existing mains adjacent to
the subject site. The applicant shall be required to extend water mains to and
through the proposed development, thereby making them available to adjacent
properties. The subdivision designer to coordinate main sizing 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.
11. Sanitary sewer to this site is being proposed via extension of a main line located
in Eagle Road past the southern boundary of this project. The conceptual
engineering shows the sewer at design grades greater than the minimum allowed
for eight-inch sewer. The applicant shall be responsible to construct sewer mains
to and through this project. Subdivision designer to coordinate main sizing,
grades, and routing with the Public Warks Department. Applicant shall execute
City of Meridian standard fonus of easements, for any mains that are required to
provide service.
12. All sewer and water mains that are not in the ACHD right-of-way shall be
centered in 20~foot wide easements, said easements shall be free of mature
landscaping and fixed vertical structures.
13. The applicant shall be required to pay Public Works development plan review,
and construction inspection fess, as determined during the plan review process,
prior to signature on the [maflat per Resolution 02-374.
14. Prior to signature of the final plates) by the City Engineer, 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. that has not been completed.
15. All required sidewalks shall be constructed in accordance with MCC 12-5-2.K.
Prior to signature of the final plat(s), all sidewalks shall be constructed Or a
financial guarantee that said improvements will be completed shall be provided
(MCC 12-5-3).
i6. Streetlights will be required at locations designated by the Public Works
Department. All streetlights shall be installed at the expense of the Applicant.
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.
17. Please submit 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.
18. 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
19. Place a note on the face of the final plat stating that vehicular access to Eagle
Road is prohibited.
20. The applicant shall be responsible for application and compliance with any
NPDES Pennitting that may be required by the Environmental Protection
Agency.
2] . The applicant shall be responsible for application and compliance with any
Section 404 Pennitting that may be required by the Army Corps of Engineers.
22. Staff's failure to cite specific ordinance provisions or terms of the approved
armexation/conditional use does not relieve the Applicant of responsibility for
compliance.
23. Preliminary plat approval shaH be subject to the expiration provisions set forth in
MCC 12-2-4.
OTHERAGENCY/DEPARTMENTCOMMENTS & CONDITIONS
SANITARY SERVICES COMPANY (SSe)
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( s).
MERIDIAN FIRE DEPARTMENT
1. To qualifY for an "R" occupancy, each building shall contain 5 or fewer non~
ambulatory residents.
2. 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.
3. 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 penuits.
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.
4. The phasing plan may require that any roadway greater than 150' in length that is
not provided with an outlet shall be required to have an approved turn around.
NOTE: No turnaround required for driveway between buildings 1 and 2 due to
buildings being fire sprinkled.
5. All common driveways shall be straight or have a turning radius of 28' inside and
48' outside and shall have a clear driving surface which is at least 20' wide.
6. Provide a 20' wide Fire Lane for all internal roadways all roadways shall be
marked in accordance with Appendix D Section D103.6 Signs.
7. 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.
8. Commercial and office occupancies will require a fire-flow consistent with the
International Fire Code to servic'e the proposed project. Fire hydrants shall be
placed per Appendix D.
9. The proposed multiHfamily lot has an unknown population at build out 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 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.
11. The fust digit of the Apartments/Suites shall correspond to the floor level for any
multi-story buildings.
12. The applicant shall work with Fire Department staff to provide an address
identification plan including a pylon/monument sign at the required intersection
(near the entrance).
13. 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.
All buildings shall be addressed off of Fa1con Drive, not Eagle Road.
14. Provide exterior egress lighting as required by the International Building & Fire
Codes.
15, 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 .1.21 the
distance requirement shall be 600 feet (183 m).
16. There shall be a fire hydrant within 100' of all fire department connections.
MERIDIAN PARKS & RECREATION DEPARTMENT
1. Standard for Mitigation of trees: The standard established in the City of Meridian
Landscape Ordinance (MCC 12-13-13-6) will be followed.
2. Standard Plan for Protection of Existing Trees during Construction: The standard
established in the City of Meridian Landscape Ordinance (MCC 12-13-13) will be
followed.
MERIDIAN POLICE DEPARTMENT
1. The proposed development and/or plat do not offer natural surveillance
opportunities of the public areas. Prior to the next public hearing, the applicant
shall meet with the Police Chief to discuss features that increase visibility,
including but not limited to: doors and windows that look out on the public areas,
front porches, and adequate nighttime lighting. The landscaping plan may need to
be revised in accord with those discussions.
2. The proposed dwellings show more than 4 units that share a common entrance
and/or stairwell. Such configurations are a safety concern. Prior to the next public
hearing, the applicant shall meet with the Police Chief to address these concerns
and revise the plans if necessary.
3. The proposed multi-family development shall limit landscaping shrubs and
bushes to species that do not exceed three feet in height.
ADA COUNTY HIGHWAY DISTRICT
Site Specific Conditions of Approval
I. Dedicate a total of 48-feet of right-of-way from the centerline of Eagle Road
abutting the parcel by means of a warranty deed. The right-of-way purchase and
sale agreement and deed must be completed and signed by the applicant prior to
scheduling the final plat for signature by the ACHD Commission or 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 be paid the fair market value of the
right-of~way dedicated which is an addition to existing ACHD right-of-way if the
owner submits a letter of application to the impact fee administrator prior to
breaking ground, in accordance with the ACHD Ordinance in effect at that time
(currently Ordinance #200), if funds are available.
2, Construct a 5-foot concrete sidewalk on Eagle Road abutting the site. The
sidewalk should be constructed a minimum of 41-feet from the centerline of Eagle
Road.
3. Construct Falcon Drive as one half of a 40-foot street section with vertical curb,
gutter and a 5-foot detached concrete sidewalk Provide the District with an
easement for the sidewalk that extends outside ofllie right-of-way.
4. Construct a 24-foot wide curb return type driveway that intersects Falcon Drive
approximately 138-feet west of the east property line, as proposed. Pave the
driveway its full width and at least 30-feet into the site beyond the edge of
pavement of the roadway and install pavement tapers with 15-foot radii abutting
the existing roadway edge. .
5. All access to Eagle Road is prohibited.
6. 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 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 lmown as Ada County Highway District
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 shaIl be required to call DIGLINE (1-
800-342-1585) at least two full business days prior to brealdng 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 Jaw in effect at the time the change in use is sought.
CENTRAL DISTRICT HEAL TB 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 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.
NAMPA & MERIDIAN IRRIGATION DISTRICT
1. If all storm drainage is retained on-site there will be no impact on' N amp a &
Meridian Irrigation District and no further review will be required.
2. If any surface drainage leaves the site, the Nampa & Melidian Irrigation District
requires that a Land Use Change Application is filed for review prior to final
platting.
3. All laterals and waste ways must be protected. The developer must comply wit
Idaho Code 31.3805. It is recommended that irrigation water be made available to
all developments within the Nampa & Melidian Irrigation District.
EXHIBIT F
Maxfield Subdivision
CUP-05-034
CUPfPD Site Specific and Standard Conditions
SITE SPECIFIC CONDITIONS (CONDITIONAL USEfPD)
1. All conditions of the concurrent Annexation and Zoning (AZ~05-027) and
Preliminary Plat (PP~05-027) shall also be considered conditions of the
Conditional Use Permit (CUP-05-034). The Planned Development site plan
prepared by The Land Group, Inc., on 5-13-05, labeled PD-l, is approved with the
changes listed below,
2. The project shall conform to the R-8 dimensional standards and uses, except as
follows:
+ 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 CUPIPD application.
3. As Planned Development amenities, construct a gazebo, a flower bed of at least
800 square-feet, and a clubhouse, as proposed. Except for the clubhouse, which
shall be constructed prior to issl:1ooee af a CeftiHsate af Zsniag CORlfllianee
~ccupancv of the fourth retirement building, all other reauired
amenities shall be constructed prior to occupancy of the first retirement home.
4. Set aside at least 10% of the gross land area for open space, as proposed.
5. All building construction shall substantially comply with the elevations prepared
by Medical Design Group, Sheets 4.00 and 4.10. Construction materials used on
the structures shall be approved by City of Meridian Building Department and in
accordance with the most recent Building Code.
6. All parking and areas of circulation shall be paved, striped, and meet. the
minimum dimensional requirements of Meridian City Code. MCC requires 90-
degree parking stalls to be 9-feet wide by 19-feet long and have a minimum 25-
foot wide drive aisle adjacent to them.
7. All internal sidewalks shall be constructed as submitted and in accordance with
MCC 12-5-2.K. Sidewalk shall be constructed adjacent to Falcon Drive; including
adjacent to Lot 2.
8. No building or other structure shalI 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).
9. Prior to obtaining certificate(s) of occupancy, all development improvements,
including perimeter fencing, irrigation, and landscaping shall be installed. Prior to
signature of the final plates) by the City Engineer, a letter of credit or cash surety
in the amount of 110% will be required for all fencing, landscaping, pressurized
irrigation, amenities, sewer, water, etc.
10. This conditional use permit shall be valid for a maximum period of 18 months. If
construction has not begun within this timeframe, a new conditional use permit
must be obtained prior to the start of development.
OTHER AGENCYIDEPARTMENT COMM:ENTS & CONDITIONS
SANITARY SERVICES COMPANY (SSe)
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(s).
MERIDIAN FIRE DEPARTMENT
1. To qualify for an "R" occupancy, eacb building shall contain 5 or fewer non-
ambulatory residents.
2. 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.
3. 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.
4. The phasing plan may require that any roadway greater than 150' in length that is
not provided with an outlet shall be required to have an approved turn around.
NOTE: No turnaround required for driveway between buildings 1 and 2 due to
buildings being fire sprinkled.
5. All common driveways shall be straight or have a turning radius of2S; inside and
48' outside and shall have a clear driving surface which is at least 20' wide.
6. Provide a 20' wide Fire Lane for all internal roadways all roadways shall be
marked in accordance with Appendix D Section D I 03.6 Signs.
7. Operational fire hydrants, temporary or penn anent street signs and access roads with
an all weather surface are required before combustible construction is brought on
site.
8. 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.
9. The proposed multi~family lot has an unlmown population at build out 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 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.
1 L The first digit of the Apartments/Suites shall correspond to the floor level for any
multi-story buildings.
12. The applicant shall work with Fire Department staff to provide an address
identification plan including a pylon/monument sign at the required intersection
(near the entrance).
13. 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,
All buildings shall be addressed off of Falcon Drive, not Eagle Road.
14. Provide exterior egress lighting as required by the International Building & Fire
Codes.
15. 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).
16. There shall be a fire hydrant within 100' of all fire department connections.
MERIDIAN PARIes & RECREATION DEPARTMENT
1. Standard for Mitigation of trees: The standard established in the City of Meridian
Landscape Ordinance (MCC 12-13-13-6) will be followed.
2. Standard Plan for Protection of Existing Trees during Construction: The standard
established in the City of Meridian Landscape Ordinance (MCC 12-13-13) will be
followed.
MERIDIAN POLICE DEPARTMENT
1. The proposed development and/or plat do not offer natural surveillance
opportunities of the public areas, Prior to the next public hearing, the applicant
shall meet with the Police Chief to discuss features that increase visibility,
including but not limited to: doors and windows that look out on the public areas,
front porches, and adequate nighttime lighting. The landscaping plan may need to
be revised in accord with those discussions.
2. The proposed dwellings show more than 4 units that share a common entrance
and/or stairwell. Such configurations are a safety concern. Prior to the next public
hearing, the applicant shall meet with the Police Chief to address these concerns
and revise the plans if necessary.
3. The proposed multi-family development shall limit landscaping shrubs and
bushes to species that do not exceed three feet in height.
AnA COUNTY HIGHWAY DISTRICT
Site Specific Conditions of Approval
1. Dedicate a total of 48-feet of right-of-way from the centerline of Eagle Road
abutting the parcel by means of a warranty deed. The right-of-way purchase and
sale agreement and deed must be completed and signed by the applicant prior to
scheduling the final plat for signature by the ACHD Commission or prior to
issuance of a building pennit (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 be paid the fair market value of the
right-of-way dedicated which is an addition to existing ACHD right-of~way ifthe
owner submits a letter of application to the impact fee administrator prior to
breaking ground, in accordance with the ACHD Ordinance in effect at that time
(currently Ordinance #200), iffunds are available.
2. Construct a 5-foot concrete sidewalk on Eagle Road abutting the site. The
sidewalk should be constructed a minimum of 41-feet from the centerline of Eagle
Road.
3. Construct Falcon Drive as one half of a 40-foot street section with vertical curb,
gutter and a 5.[00t detached concrete sidewalk. Provide the District with an
easement for the sidewalk that extends outside of the right-of-way.
4. Construct a 24-foot wide cmb return type driveway that intersects Falcon Drive
approximately 138-feet west of the east property line, as proposed. Pave the
driveway its full width and at least 3D-feet into the site beyond the edge of
pavement ofthe roadway and install pavement tapers with 15-foot radii abutting
the existing roadway edge.
5. All access to Eagle Road is prohibited.
6. 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 requireme~ts 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 mown as Ada County Highway District
Impact Fee Ordinance.
9. It is the responsibility of the applicant to verify all existing utilities within the
rightwof-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-
6190 in the event any ACHD conduits (spare or filled) are compromised during
any phase of construction.
10. No change in the tenus 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 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.
NAMPA & MERIDIAN IRRIGATION DISTRICT
1. If all stonn drainage is retained on-site there will be no impact on Nampa &
Meridian Irrigation District and no further review will be required.
2. If any surface drainage leaves the site, the Nampa & Meridian Iuigation District
requires that a Land Use Change Application is filed for review prior to final
platting.
3. All laterals and waste ways must be protected. The developer must comply wit
Idaho Code 31-3805. It is recommended that irrigation water be made available to
aU developments within the Nampa & Meridian Irrigation District.
EXHIDIT G
Maxfield Subdivision
AZ-05w027
Zoning Amendment Findings
According to Meridian City Code (MCC) 1 I - 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
tenus 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;
City Council finds the 2002 Comprehensive Plan Future Land Use Map
designates the subject property as "Low Density Residential." The pUrpose oitrus
designation is "to allow for the development of single-family homes at densities
of three dwelling units or less per acre... Density bonuses may also be considered
with the provision of public amenities such as open space, pathways; or land
dedicated for public services." (See Chapter VII, pg. 95.) The applicant has
submitted a letter listing several Comprehensive Plan policies that support the
proposed applications.
The requested R-8 zone is a medium density residential zone. The Comprehensive
Plan allows one '~step" (i.e. low to medium) in densities/zoning without requiring
a Comprehensive Plan amendment. The applicant is requesting the one step up in
density because retirement homes are not pennitted in low density zoning
districts; the R-8 zone is the first available zone to operate retirement homes. City
Council fmds that if the City allows this parcel to step up one residential zoning
district, the requested R-8 zoning will generally conform to this stated pUrpose
and intent of the low density designation, as allowed by Note #2 on the Future
Land Use Map.
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, 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 applicant calls the proposed bUildings "assisted livingH facilities, which are
undefined inMCC 11-2,.2, but listed as a condition use in MCC 11-8-1.
'IRetirement Homes", listed as a conditional use in MCC 11-8-1, but undefined in
MCC 11-2~2, have generally been defined by the City as being independent living
areas with residents capable of self-preservation. Housekeeping and family-style
dining services will be provided to the residents of this community, but the
residents will require minimum assistance (see Applicant's letter). City Council
believes that this will be a non-convalescent facility with residents capable of self-
care. Although retirement homes, nursing homes, and assisted living all require
conditional use permit approval in the requested R-8 zone, based on the
applicant's letter City Council has determined the proposed development to be a
retirement home. Therefore, the concurrent CuP application must be approved for
the development to proceed. The existing single~family home on the proposed Lot
2 is allowed in the requested R-8 zone.
D. Has there been a change in the area or adjacent areas which may dictate that
the area shouJd 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;
Within the last couple of years, this area has substantially changed. Messina
Village, Tuscany Lakes; Soda Springs and Sutherland Farms Subdivisions have
all begun constructing homes on what was once agricultural land. Further,
Kingsbridge SubdiVision was also recently approved for residential development
along Eagle Road in this section. Eagle Road was widened between Overland and
the Ridenbaugh Canal recently, approximately ~ of a mile to the north. Falcon
Drive has been constructed as a local street abutting the site. Eagle Road adjacent
to this site not been widened in the recent past, but the Eagle RoadNictory Road
intersection is scheduled for improvements in 2006. The majority of the land uses
in the area are still rural with low to medium residential densities. Although the
proposed use is not really similar to any of the other uses in the area, City Council
believes that the proposed zoning for a retirement community seems to be
appropriate for this site and should be compatible with other land uses in the 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 applicant will be required to construct, operate and maintain the future
buildings in accordance with City Code. According to the Future Land Use Map,
this area is intended for low density residential uses. City Council finds that the
proposed uses, if designed, constructed and operated in accordance with adopted
city ordinances and the PP and CUP conditions of approval, should be
harmonious and appropriate in appearance with the existing and intended
character of the vicinity.
F. Will the proposed uses not be hazardous or disturbing to existing or future
neighboring uses;
City Council finds that the proposed units for the elderly should be compatible
with, and compliments the existing single-family residences to the north, south,
east and west. The Commission and Council shan rely on public testimony to
detennine whether the proposed uses will be disturbing or hazardous to the
neighboring uses.
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;
Sanitary sewer is available in Eagle Road past the southern boundary of this
project. Water is available in Eagle Road for the entire frontage of this property.
The applicant and/or future property owners will be required to pay any
applicable park and highway impact fees as well as construct on-site storm water
drainage facilities.
On July 1, 2005, a joint agency and department comments meeting was held with
representatives of'key service providers to this property. Based on the joint
meeting and other comments received from agencies and departments, City
Council finds that the public services listed above can be made available to
accommodate the proposed development.
City Council finds that the subject property can be served adequately by all
essential public facilities and City services.
H. Will not create excessive additional requirements at public cost for public
facilities and services and will not be detrimental to the econonUc welfare of
the community;
The Meridian Fire Department has commented that developments for the elderly
may have the potential for more services than typical single-family residential
developments. As noted in the finding above, all public facilities and services can
be provided to this site. All required site improvements will be funded and
constructed by the applicant/developer. City Council finds that the proposed use
will not be detrimental to the economic welfare of the community, nor will the
use create the need for any new facilities or services to be paid for by the public.
1. 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 finds that the proposed uses will create additional traffic on the
adjacent roads. Further, the parking and maneuvering of cars and pedestrians may
generate additional noise for surrounding properties. However, City Council does
not believe that the additional traffic and noise should be excessive. City Council
fmds 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, if all conditions included in the report are complied
with.
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;
City Council fmds that any future use of this site will impact the level and flow of
traffic on the surrounding streets. Access to tWs site is proposed via two
driveways to Falcon Drive, a local street. One driveway will serve the existing
home, and the second driveway will serve the retirement community. No access to
Eagle Road is proposed. The applicant should comply with ACHD policies in
order to preserve the capacity and movement on the adjacent roadways. City
Council finds that the proposed vehicular approaches to Falcon Drive, should not
create interference with traffic on surrounding public streets (please see ACHD
report for more information).
K. Will not result in the destruction, loss or damage of a natural or scenic
feature of major importance; and
City Council is not aware of any natural or scenic features that may be lost,
damaged or destroyed with the approval of the subject applications.
L. Is the proposed zoning amendment in the best interest of the City of
Meridian. (Ord. 592,11-17-1992)"
The legal description submitted with the application. prepared by Fox Land
Surveys, Inc., shows that the property is contiguous to the existing corporate
boundary of the City of Meridian. City Council finds that all essential services are
available or will be provided by the developer to the subject property and will not
require unreasonable expenditure of public fUnds. The application substantially
complies with the Comprehensive Plan and Future Land Use Map. The land to
the southwest of the subject property has previously been annexed into the City
EXHmIT H
Maxfield Subdivision
PP-OS-027
Prelinrlnary 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 Council finds that a development on this property
will not require the expenditure of capital improvement funds.
D. The public fmancial 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'5 attention.
City Council finds that there should not be any health, safety or envirorunental
problems associated with this subdivision; no hazardous natural features have
been identified on the site. ACHD considers road safety issues in their analysis.
EXHIBIT 1
Maxfield Subdivision
CUP~05-034
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
permit if they shall find evidence presented at the hearing(s) is adequate to establish (11 ~
17~3);
A. That the site is large enough to accommodate the proposed Use and all yards,
open Spaces, parking, landscaping and other features as may be required by
this ordinance;
The retirement home use requires a minimum of one parking stall for every 5 beds
in the facility, or 15 stalls total (for 75 beds)(MCC 11-13-5.B). The site plan
depicts 51 stalls being provided on the retirement home lot. The minimum
required off-street parking ratio is exceeded for this use.
The applicant is proposing to set aside 10% of the site for open space.
The applicant is not requesting any deviations to the City's standard building
setbacks (yards), open space requirements, parking, landscaping, or any other
features required by ordinance. City Council finds that the site is large enough to
accommodate the proposed uses and all yards, open spaces, parking, landscaping
and other features required by ordinance.
B. That the proposed use and development plan will be harmonious with the
Meridian Comprehensive Plan and in accordance with the :requirements of
this Ordinance;
See Annexation and 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;
City Council finds that the general design, consttuction, operation, and
maintenance of the proposed development should be compatible with other uses
in the general neighborhood and with the existing or intended character of the
area. (See Annexation and Zoning AnalYSis)
D. That the proposed use, if it complies with all conditions of the approval
imposed, will not adversely affect other property in the vicinity;
City Council does not anticipate that the proposed development will have an
adverse impact on the surrounding property.
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 and Zoning Analysis "G".
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 and 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 and 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 and Zoning Analysis "K".
ADA COUNTY R.ECQRDER J. DAvlI.lNAVARRO
~~~~T~A~~I~~~~~;SO~2:16 PM 1\1 111111111111\111I11111111111 III III
RECORDED-REQUEST OF 105164027
Meridian Ci~
AMOUNT ,00
34
DEVELOPMENT AGREEMENT
PARTIES: 1.
2.
3.
4.
City of Meridian
GRH Ten Mile LLC, Owner
Halker Properties LLC, Owner
Hawkins Companies, Developer
THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and
entered into this~ day of ~tnr.rr- ,2005, by and between City of Meridian, a
municipal corporation of the State of Idaho, hereafter called "CITY', and GRH Ten Mile
LLC and Halker Properties LLC, hereinafter called "OWNERS" and Hawkins Companies,
hereinafter called "DEVELOPER".
1. RECITALS:
1.1 WHEREAS, "OWNERS" are the sole owners, in law anclJor equity,
of certain tract of land in the County of Ada, State ofIdaho, described
in Exhibit A for each owner, which is attached hereto and by this
reference incorporated herein as if set forth in full, herein after
referred to as the "Property"; and
1.2 WHEREAS, I.e. S 67-6511A, Idaho Code, provides that cities may,
by ordinance, require or permit as a condition of re-zoning that the
"Owners" and/or "Developer" make a written commitment
concerning the use or development of the subject "Property"; and
1.3 WHEREAS, "City" has exercised its statutory authority by the
enactment of Ordinance 11-15-12 and 11-16-4 A, which authorizes
development agreements upon the annex.ation and/or re-zoning of
land; and
1.4 WHEREAS, "Owners" and/or "Developer" has submitted an
application for annexation and zoning of the "Property's" described
in Exhibit A, and has requested a designation of (L-O) Limited Office
District, (Municipal Code of the eity of Meridian); and
1.5 WHEREAS, "Owner" and/or "Developer" made representations at
the public hearings both before the Meridian Planning & Zoning
Commission and before the Meridian City Council, as to how the
DEVELOPMENT AGREEMENT (AZ 05-024) SEVENTH DAY ADVENTIST CHURCH
PAGE 1 OF 11~
subject "Property" will be developed and what improvements will be
made; and
1.6 WHEREAS, record of the proceedings for the requested annexation
and zoning designation of the subject "Property" held before the
Planning & Zoning Commission, and subsequently before the City
Council, include responses of government subdivisions providing
services within the City of Meridian planning jurisdiction, and
received further testimony and comment; and
1.7 WHEREAS, City Council, the 6th day of September, 2005, has
approved certain Findings of Fact and Conclusions of Law and
Decision and Order, set forth in Exhibit B, which are attached hereto
and by this reference incorporated herein as if set forth in full,
hereinafter referred to as (the "Findings"); and
1.8 WHEREAS, the Findings require the "Owners" and/or "Developer"
to enter into a development agreement before the City Council takes
final action on annexation and zoning designation; and
1.9 "OWNERS" and/or "DEVELOPER" deem it to be in their best
interest to be able to enter into this Agreement and acknowledge that
this Agreement was entered into voluntarily and at their urging and
requests; and
1.10 WHEREAS, "City" requires the "Owners" and/or "Developer" to
enter into a development agreement for the purpose of ensuring that
the "Property" is developed and the subsequen t use of the "Property"
is in accordance with the terms and conditions of this development
agreement, herein being established as a result of evidence received
by the "City" in the proceedings for zoning designation from
government subdivisions providing services within the planning
jurisdiction and from affected property owners and to ensure re-
zoning designation is in accordance with the amended
Comprehensive Plan ofthe City of Meridian adopted August 6,2002,
Resolution No. 02-382, and the Zoning and Development Ordinances
codified in Meridian City Code Title 11 and Title 12.
DEVELOPMENT AGREEMENT (AZ 05-024) SEVENTH DAY ADVENTIST CHURCH
PAGE 2 OF 1l~
NOW, THEREFORE, in consideration of the covenants and conditions set
forth herein, the parties agree as follows:
2. INCORPORA TION OF RECITALS: That the above recitals are
contractual and binding and are incorporated herein as if set forth in fulL
3. DEFINITIONS: For all purposes of this Agreement the following words,
terms, and phrases herein contained in this section shall be defined and interpreted as herein
provided for, unless the clear context of the presentation of the same requires otherwise:
3.1 "CITY": means and refers to the eity of Meridian, a party to this
Agreement, which is a municipal Corporation and government
subdivision of the state of Idaho, organized and existing by virtue of
law of the State of Idaho, whose address is 33 East Idaho Avenue,
Meridian, Idaho 83642.
3.2 "OWNERS": means and refers to GRH Ten Mile LLC, whose
address is 8645 W. Franklin Road, Boise, ill 83709 and Halker
Properties LLC, whose address is 8645 W. Franklin Road, Boise, ID
83709, the parties who own the said "Property" and shall include any
subsequent owner(s) of the "Property".
3.3 "DEVELOPER": means and refers to Hawkins Companies, whose
address is 8645 West Franklin Road, Boise, ill 83709 the party
developing said "Property" and shall include any subsequent
developer(s) of the "Property".
3.4 "PROPERTY": means and refers to that cer1ain parcel(s) of
"Property" located in the County of Ada, City of Meridian as
described in Exhibit A describing the parcels to be annexed and
zoned L-O (Limited Office District) attached hereto and by this
reference incorporated herein as if set forth at length.
4.
USES PERMITTED BY THIS AGREEMENT:
4.1 The uses allowed pursuant to this Agreement are only those uses
allowed under "City's" Zoning Ordinance codified at Meridian City
Code Section 11-7-2 (G) which are herein specified as follows:
DEVELOPMENT AGREEMENT (AZ 05-024) SEVENTH DAY ADVENTIST CHURCH
PAGE 3 OF 11..J:..a
Construction and development of either a conditional use pennit or
a planned development application shall be submitted to the City of
Meridian prior to a future development in the L-O zone, and the
pertinent provisions of the City of Meridian Comprehensive Plan
are applicable to this AZ 05-024 application.
4.2 No change in the uses specified in this Agreement shall be allowed
without modification of this Agreement.
5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT
PROPERTY:
5.1 "Owners" and/or "Developer" shall develop the "Property" in accordance
with the following special conditions:
1. That no alterations, expansions, reconstmctions or other enlargements to
the existing single-family structure will be permitted except through a
Certificate of Zoning Compliance (CZC) and except where 1) the use of
the structure changes to a use consistent with this Development
Agreement and 2) the structure meets all applicable development
standards such as setbacks, frontage, height, etc.
2. That no building or other structure shall be erected, moved, added to or
structurally altered, nor shall any building, structure or land be established
or changed in use without a Certificate of Zoning Compliance (CZC).
3. That all future uses shall 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.
4. That the following shall be the only allowed uses on this property:
churches and associated activities.
5. That the applicant agrees to provide reasonable and fair means for the
parcel to the west (Parcel No. 51204449300) to acquire and improve, as a
street, the 25-foot wide area containing the existing ingress and egress
easement, and further agrees to sell to the parcel to the west an additional
25-feet south of the existing 25-foot wide easement for a future street.
The means for the acquisition of the 50-foot wide area are attached as
Exhibit E, which shall be included as part of the development agreement.
DEVELOPMENT AGREEMENT (AZ 05-024) SEVENTH DAY ADVENTIST CHURCH
PAGE 4 OF .u~
6. That prior to issuance of a Certificate of Zoning Compliance (CZC)
permit, the applicant agrees to provide a vehicular cross-street easement
to the property to the south, if a driveway is constructed near the south
property line.
7. That vehicular access to this site shall be restricted to those approved by
ACHD and the City.
8. That the applicant shall construct a 6-foot tall solid fence aLong the west
property line. Said fence shall not be constructed of cedar.
9. That future building setbacks from the access easement shall be in
compliance with the setback of the L-Q zone for streets.
6. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and
the commitments contained herein shall be terminated, and the zoning designation reversed,
upon a default of the "Owners" and/or "Developer" or "Owners" and/or "Developers" heirs,
successors, assigns, to comply with Section 6 entitled "Conditions Governing Development
of Subject Property" of this agreement within two years of the date this Agreement is
effective, and after the "City" has complied with the notice and hearing procedures as
outlined in Idaho Code ~ 67-6509, or any subsequent amendments orrecodifications thereof.
7. CONSENT TO DE~ANNEXA TION AND REVERSAL OF
ZONING DESIGNATION:
"Owner" and/or "Developer" consents upon default to the reversal of the
zoning designation of the "Property" subject to and conditioned upon the following
conditions precedent to-wit:
7.1 That the "eity" provide written notice of any failure to comply with
this Agreement to "Owners" and/or "Developer" and if the "Owners"
and/or "Developer" fails to cme such failure within six (6) months of
such notice.
8. INSPECTION: "Owners" and/or "Developer" shall, immediately upon
completion of any portion or the entirety of said development of the "Property" as required
by this agreement or by City ordinance or policy, notify the City Engineer and request the
City Engineer's inspections and written approval of such completed improvements or portion
thereof in accordance with the terms and conditions of this Development Agreement and all
other ordinances of the "City" that apply to said Development.
9.
DEFAULT:
DEVELOPMENT AGREEMENT (AZ 05-024) SEVENTH DAY ADVENTIST CHURCH
PAGE 5 OF 11-:1-2
9.1 In the event "Owners" and/or "Developer", "Owners" and/or
"Developer's" heirs, successors, assigns, or subsequent owners of the
"Property" or any other person acquiring an interest in the "Property",
fail to faithfully comply with all of the terms and conditions included
in this Agreement in connection with the "Property", this Agreement
may be modified or terminated by the "City" upon compliance with
the requirements of the Zoning Ordinance.
9.2 A waiver by "City" of any default by "Owners" andlor "Developer"
of anyone or more of the covenants or conditions hereof shall apply
solely to the breach and breaches waived and shall not bar any other
rights or remedies of "City" or apply to any subsequent breach of any
such or other covenants and conditions.
10. REQUIREMENT FOR RECORDATION: "City" shall record either a
memorandum of this Agreement or this Agreement, including all of the Exhibits, at
"Owners" and/or "Developer's" cost, and submit proof of such recording to "Owners" and/or
"Developer", prior to the third reading of the Meridian Zoning Ordinance in connection with
the re-zoning of the "Property" by the City Council. If for any reason after such recordation,
the City Council fails to adopt the ordinance in connection with the annexation and zoning of
the "Property" contemplated hereby, the "City" shall execute and record an appropriate
instrument of release of this Agreement.
11. ZONING: "City" shall, following recordation of the duly approved
Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein.
12. REMEDIES: This Agreement shall be enforceable in any court of competent
jurisdiction by either "City" or "Owners" and/or "Developer", or by any successor or
successors in title or by the assigns of the parties hereto. Enforcement may be sought by an
appropriate action at law or in equity to secure the specific performance of the covenants,
agreements, conditions, and obligations contained herein.
12.1 In the event of a material breach of this Agreement, the parties agree
that "City" and "Owners" andlor "Developer" shall have thirty (30)
days after deli very of notice of said breach to correct the same prior to
the non-breaching party's seeking of any remedy provided for herein;
provided, however, that in the case of any such default which cannot
with diligence be cured within such thirty (30) day pe110d, if the
DEVELOPMENT AGREEMENT (AZ 05-024) SEVENTH DAY ADVENTIST CHURCH
PAGE 6 OF l2.H
defaulting party shall commence to cure the same within such thirty
(30) day period and thereafter shall prosecute the curing of same with
diligence and continuity, then the time allowed to cure such failure
may be extended for such period as may be necessary to complete the
curing of the same with diligence and continuity.
12.2 In the event the performance of any covenant to be performed
hereunder by either "Owners" and/or "Developer" or "City" is
delayed for causes which are beyond the reasonable control of the
party responsible for such performance, which shall include, without
limitation, acts of civil disobedience, strikes or similar causes, the
time for such performance shall be extended by the amount of time of
such delay.
13. SURETY OF PERFORMANeE: The "City" may also require surety
bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as
allowed under Meridian City Code ~ 12-5-3, to insure that installation of the improvements,
which the "Owners" and/or "Developer" agrees to provide, if required by the "City".
14. CERTIFICATE OF OCCUPANCY: The "Owners" and/or "Developer"
agrees that no eertificates of Occupancy will be issued until all improvements are completed,
unless the "City" and "Owner" and/or "Developer" has entered into an addendum agreement
stating when the improvements will be completed in a phased developed; and in any event,
no Cel1ificates of Occupancy shall be issued in any phase in which the improvements have
not been installed, completed, and accepted by the "City".
15. ABIDE BY ALL CITY ORDINANCES: That "Owners" and/or
"Developer" agrees to abide by all ordinances of the City of Meridian and the "Property"
shall be subject to de-annexation if the owner or his assigns, h~irs, or successors shall not
meet the conditions contained in the Findings of Fact and Conclusions of Law, this
Development Agreement, and the Ordinances of the City of Meridian.
16. NOTICES: Any notice desired by the parties and/or required by this
Agreement shall be deemed deli vered if and when personally delivered or three (3) days after
deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt
requested, addressed as follows:
CITY:
DEVELOPER:
DEVELOPMENT AGREEMENT (AZ 05-024) SEVENTH DAY ADVENTIST CHURCH
PAGE 7 OF 12-:8
c/o City Engineer
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
Hawkins Companies
8645 West Franklin Road
Boise, ill 83709
OWNERS:
GRH Ten Mile LLC
8645 West Franklin Road
Boise, ID 83709
Halker Properties LLC
8645 West Franklin Road
Boise, ID 83709
with copy to:
Ci ty Clerk
City of Meridian
33 E. Idaho Avenue
Meridian, ID 83642
16.1 A party shall have the right to change its address by delivering to the
other party a written notification thereof in accordance with the
requirements of this section.
17. ATTORNEY 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 attorney's fees as
determined by a Court of competent jurisdiction. This provision shall be deemed to be a
separate contract between the parties and shall survive any default, termination or forfeiture
of this Agreement.
18. TIME IS OF THE ESSENeE: The parties hereto acknowledge and agree
that time is strictly of the essence with respect to each and every term, condition and
provision hereof, and that the failure to timely perform any of the obligations hereunder shall
constitute a breach of and a default under this Agreement by the other party so failing to
perform.
19. BINDING UPON SUCCESSORS: This Agreement shall be binding upon
and inure to the benefit of the parties' respective heirs, successors, assigns and personal
DEVELOPMENT AGREEMENT (AZ 05-024) SEVENTH DAY ADVENTIST CHURCH
PAGE 8 OF .12-8
representatives, including "City's" corporate authorities and their successors in office. This
Agreement shall be binding on the "Owners" and/or "Developer" of the "Propelty", each
subsequent owner and any other person acquiring an interest in the "Property". Nothing
herein shall in any way prevent sale or alienation of the "Property", or portions thereof,
except that any sale or alienation shall be subject to the provisions hereof and any successor
owner or owners shall be both benefited and bound by the conditions and restrictions herein
expressed. "City" agrees, upon written request of "Owners" and/or "Developer", to execute
appropriate and recordable evidence of termination of this Agreement if "City", in its sole
and reasonable discretion, had determined that "Owners" and/or "Developer" has fully
performed its obligations under this Agreement.
20. INVALID PROVISION: If any provision of this Agreement is held not
valid by a court of competent jurisdiction, such provision shall be deemed to be excised from
this Agreement and the invalidity thereof shall not affect any of the other provisions
contained herein.
21. FINAL AGREEMENT: This Agreement sets forth all promises,
inducements, agreements, condition and understandings between "Owners" and/or
"Developer" and "City" relative to the subject matter hereof, and there are no promises,
agreements, conditions or understanding, either oral or written, express or implied, between
"Owners" and/or "Developer" and "City", other than as are stated herein. Except as herein
otherwise provided, no subsequent alteration, amendment, change or addition to this
Agreement shall be binding upon the parties hereto unless reduced to writing and signed by
them or their successors in interest or their assigns, and pursuant, with respect to "City", to a
duly adopted ordinance or resolution of "City".
21.1 No condition governing the uses and/or conditions governing re-zoning of the
subject "Property" herein provided for can be modified or amended without
the approval of the City Council after the "C.ity" has conducted public
hearing(s) in accordance with the notice provisions provided for a zoning
designation and/or amendment in force at the time of the proposed
amendment.
22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective
on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning
Ordinance in connection with the annexation and zoning of the "Property" and execution of
the Mayor and City Clerk.
ACKNOWLEDGMENTS
DEVELOPMENT AGREEMENT (AZ 05-024) SEVENTH DAY ADVENTIST CHURCH
PAGE 9 OF.12-R
IN WITNESS WHEREOF, the parties have herein executed this agreement
and made it effective as hereinabove provided.
DEVELOPER:
I~W~~
OWNERS:
~/
GRH n Mi LU, wner
CITY OF MERIDIAN
DEVELOPMENT AGREEMENT (AZ 05-024) SEVENTH DAY ADVENTIST CHURCH
PAGE lOOP n~
STATE OF IDAHO,
: ss:
County of Ada,
On this ~ day ofOC"...~~ ,2005, before me, the undersigned, a
Notary Public in and for said State, personally appeared ~ (2.. ~ kM
on behalf of Hawkins Companies, known or Iden lfled to me to be the
~~r of said corporation, who executed the instrument on behalf of said
corporation, and acknowledged to me that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day an~,l',paJ1iq.nstI:!j~Q~ertificate first above written.
~~~~~~ ~"'''~~~C';\~
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STATE OF IDAHO, )
: ss:
County of Ada,
On this ~ day of Iklu.blr , 2005, before me, the qndersigned, a
Notary Public in and for said State, personally appeared ~/':z. J1 J.bwk.J~
on behalf of GRH Ten Mile LLC, known or ide ified to me to be the
I?1tAllY of said corporation, who executed the instrument on behalf of said
corpora 'on, and acknowledged to me that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day a~~x~~,tr.ll,~is certificate first above written.
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DEVELOPM~r~I"1>..llJRBEM:ENIt" (AZ 05-024) SEVENTH DAY ADVENTIST CH~
IIqha,;;;'~ a ~~ ~~.t""
PAGE 1J OF llH
STATE OF IDAHO,
: ss:
County of Ada, )
On this I.l!!- day of ()cIobtr- ,2005, fore me'l t~:.~llldersigned, a
Notary Public in and for said State, personally appeared /KI"
on behalf of Halker Properties LLC, known or id ified to me to be the
mAn&. tPr of said corporation, who executed the instrument on behalf of said
corporat0n, and acknowledged to me that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day a{tCibye'i:ff'f'fld:ijis certificate first above written.
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STATE OF IDAHO
: ss
County of Ada
On this~ day of (\[\t.nhf'r- , 2005, before me, a Notary
Public, personally appeared Tammy 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.
..DElllIe..
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: " .:;: '. ~ ___ Jl\.h f'l m "iI.J\ ~ Q ~
(SEAt) { i : Notary Public for Idaho
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...~~,,~\.~~/p... Commission expires: 1(')-11-11
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DEVELOPME~f{iltflt~~MENT (AZ 05-024) SEVENTH DAY ADVENTIST CHURCH
PAGE 12 OF 12.-J-;:1.
EXHIBIT A
Seventh Day Adventist Church Annexation
AZ-05-024
Legal Description
iOAHO
SURVEY
GR.OUP
t...fSO E:1cr Wucrl;.aw.I'r ~t.
Soite I ~O
~ruldl~n. (d.h" BJ6,2
DESCRIPTION FOR
STAFFORD PROPERTY
PI,an. P.OOj S"6-R570
F~.?OB}.~~.~~
February 7 . 2005
Project No. 05-021
A tract of land in the Southeasl Quarter of the Southeast Quarter of Section 4.
T.3N., R,1W.. 8.M., Ada Counly, Idaho more particularfydescribed a~ follows:
BEGINNING at a point on the sectlon line Which beara North 00.t7'10" East,
653.28 feel from the section corner common to Seclions 3, 4, 9 and 10, T.3N., R.1W.,
8.M., Ada CoUnly, Idaho;
Ihence North 00"17'10. East along Iheseclion line, 411,34 feel 10 a point;
thence North 89"39'20. Wesl. 529.54 feet to a steel pin:
thence South OO"17'10.West, 411.34 to a steer pin:
thence South 89"39'20. Easl. 529.54 fset 10 the POINT OF BEGINNING.
containing 5,00 acres. more or less.
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S'dSGProiD<lll'H~s-ilL:":I< ~ t\lS'lJ(3~III\DESc..dQC
C1fTY OF l\1ERI])IAN
FINDINGS OF FACT, CONCLUSIONS OF LAW AND
DECISION & ORDER
In the Matter of a Request for Annexation and Zoning Approval of 5.0 Acres from RUT
(Ada Coun.ty) to L-O (Limited Office District), by Hawkins Companies
Case No(s): AZ-05-024
For the City Council Hearing Date of: August 9 and September 6, 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 9 and September
6, 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 aud 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 Platming 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 applioation and property facts noted in the staff report and the
Planning & Zoning Recommendation for the subject application(s), it is hereby
CITY OF MERIDJAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-05-024-PAGE I of4
verified that the propeliy owner(s) of record at the time of issuance of these
findings are ORH Ten Mile LLC, and Halker Properties LLC.
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 A~t of 1975/) codified at Chapter 65) Title 67, ldaho Code (I.C. ~67w
6503).
2. The Meridian City Council takes judicial notice afits 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. TIlat tbis approval is subject to the Legal Description in Exhibit A, the Conceptual Site
Plan dated March 17,2005 as shown in Exhibit B, and the Annexation and Zoning
Comments as shown in Exhibit C. The conditions are concluded to be J;"easonable and
the applicant shall meet such requirements as a condition of approval of the application.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code @ 12-3-5 and
based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby
ordered that:
]. The applicant's Conceptual Site Plan as evidenced by having submitted the
Conceptual Site Plan dated March 17, 2005 is hereby conceptually approved; and,
2. The Annexation and Zoning Comments are as shown in Exhibit C.
CITY OF MERIDIAN FINDINGS OF FACT. CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-OS-024. PAGE 2 of 4
D. Notice of Final Actioll and Right to Re!:,rulatory Takings Analysis
1. Please take notice that this is a final action of the goveming body of the City of
Meridian, pursuant to Idaho Code ~ 67-6521 an affected person being a person who has
an interest in real property which maybe adversely affected by 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: Approved Conceptual Site Plan
Exhibit C: Annexation and Zoning Comments
Exhibit D: Zoning Amendment Findings
Exhibit E~ IngresslEgress Easement Area Agreement
By action of the City Council at its regular meeting held on the
~~~ l2005.
Z(J~
day 0 f
COUNCIL MEMBER SHAUN WARDLE
VOTED~
VOTED~
VOTED~
VOTED~
COUNCIL MEMBER CHRISTINE DONNELL
COUNCIL MEMBER CHARLIE ROUNTREE
COUNCIL MEMBER KEITH Bffi.D
MAYOR TAM":MY de WEERD
(TIE BREAKER)
VOTED_
~
CITY OF MERIDiAN F1NDlNGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-OS-024- PAGE 3 of 4
\\,lIlI11 JIll/II
...,,\,~~ OF SIIII/.;-:,
~... (} r~fJ'f{POn ~1- -:;.
Attest: f ~ ~% \.
_ JbLL-.' h~ / ,9.{?~ ~:
WIlham G. Berg) Jr" CIty Cl k ~ ~ ~I' lS1..... .p $
%.......... C'oUP(f'l ~~,,~,$'
..../1,'1//1111 \\\\\,\\\'
Copy served upon Applicant, The Planning and Zoning ~epartment) Public Works Department
and City Attomey.
By:~tl m-~ AJv\./
ity Clerkts Office
Dated; Cf -lQl-os
CITY OF MERIDIAN FiNDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO{S). AZ-05-024- PAGE 4 of 4
EXHIllIT A
Seventh Day Adventist Church Annexation
AZ-05-024
Legal Description
IDAHO
SURVEY
GROUP
r...J50 '&cr-\Vij:tcrU:I'..Jtll St
Sukc 150
~lC1-rdi.n. i<b~" SJ4,2
Project No. 05.021
l'hcn~ (2O!r1 ~flS7D
Fa {l08] OlH.Sm
DESCRIPTION FOR
STAFFORD PROPERTY
February 7. 2005
A lract of land in the Southeast Quarter of the Southeast Quarter of Section 4.
T.3N., R.1W., 8.M., Ada County, Idaho more partiCUlarly described as follows:
BEGINNING at a poInt on the seclion line Which bears North 00"17'10" East.
653.28 feet from the section corner common to Sections 3, 4, 9 and 10, r.3N., R.1W.,
8.M., Ada CQunty, Idaho;
thence North OD"17'1 0" East along the section Une, 411.34 feel to a point;
thence North 89039'20" West, 529.54 feet 10 a steel pin;
thence South 00"17'10. West, 411.34 10 8 steel pin;
thence South 69"39'20" East, 529.54 feet 10 the POINT OF BEGINNING,
containing 5.00 acres. more or less.
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EXHIBIT B
Seventh Day Adventist Church Annexation
AZ,05-024
Conceptual Site Plan
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EXHmIT C
Seventh Day Adventist Church Annexation
Az,,05-024
Annexation and Zoning Comments
Recommended deletions are stffI~ and additions are in bold and underlined.
ANEXATION & ZONING FACTS AND COMMENTS
1. The subject property is within the Urban Services Planning Area. The legal
description submitted with the application (stamped 4-26-05 by Gregory G.
Carter) shows the property as contiguous to the existing corporate boundary ofthe
City of Meridian. The Public Works Department has confirmed that the
submitted legal description meets the requirements of the City of Meridjan and
the Idaho State Tax Commission.
2. Any future subdivision and/or development oftbis property shall comply with the
City of Meridian ordinances in effect at the time.
3. Prior to the annexation ordinance approval, a Development Agreement (DA) shall
be entered into between the City of Meridian, property owner (at the time of
annexation ordinance adoption), and the developer. The aoulicant shall contact the
City Attornev Bill Narv at 888~4433 to initiate this process. The DA shall
incorporate the following:
o That no alterations, expansions, reconstructions or other enlargements to the
existing single-family structure will be pennitted except tlrrough a Certificate
of Zoning Compliance (CZC) and except where 1) the use of the structure
changes to a use consistent. with this Development Agreement and 2) the
structure meets all applicable development standards such as setbacks,
frontage, height, etc.
o That 110 building or other Structure shall be erected, moved, added to or
structurally altered, nor shall any building, structure or land be established or
changed in use without a Certificate of Zoning Compliance (C2C).
o That all future uses shall 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.
o That the following shall be the only allowed uses on this property: churches
and associated activities.
(I That the applicant agrees to provide reasonable and fair means for the parcel
to the west (parcel No. 81204449300) to acquire and improve, as a street~ the
25-foot wide area containing the existing ingress and egress easement~
further 3f!reeS to sell to the Darcel to the west an additional 25-feet south
of the existing 2Swfoot wide easement for a future street. The means for the
acquisition of the ~2.Q"foot wide area are attached as Exhibit E, which shall
be included ill the development agreement.
o That prior to issuance of a Certificate of Zoning Compliance (CZC) permit,
the applicant agrees to provide a vehicular cross~access easement to the
property to the south, if a driveway is constructed near the south propelty line.
o That vehicular access to this site shall be resttieted to those approved by
ACHD and the City.
o That the applicant shall construct a 6-foot tall solid fence aJong the west
property line, Said fence shall not be constructed of cedar.
Q That future building setbacks from the access easement shall be in compliance
with the setback of the L-Q zone for streets.
~
Sevemull:1 Day Adventist ChurCh AIlllBlle}!ation
AZ-Os..024
Zmdng Amendment Findings
ANNEXATION & ZONING ANALYSIS
According to Ordinance 11-lSp II, 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 tenus of the
following standards and shall find adequate evidence answering the following questions
about the proposed zoning amendment."
The following is the list of stalldards found in 11-15-11 and analysis:
A. Will the new zoning be barmoniou$ witb and in aceordance with the
Comprehensive Plan and, if not, has there been an application for a
Comprehensive rlan amendment;
The 2002 Comprehensive Plan Future Land Use Map designates the subject
property as "Low Density Residential" _ However, the applicant has applied for
office zoning on behalf of the Seventh Day Adventist Church. While the
Comprehensive Plan Future Land Use 1v.fap does not explicitly support an office
zoning of this property, City Council finds that there are Comprehensive Plan
policies that support evaluating this site for a zone not specifically envisioned by
tbe 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 ofthe Comprehensive Plan)
Furthermore, in Chapter VR Section C, l'Future Conditions" states the following;
"Figure Vllft2 [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,1'
The property directly north of the subject site is designated "PubliclQuasiMPubJic"
on the Future Land Use Map. Chapter vn of the Comprehensive Plan defines
Public, Quasi-Public and Open Space as ar~ designated to preserve and protect
existing private, municipal, state, and federal land for area. residents and visitors.
Theses areas include neighborh~ community~ and urban par"ks. 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. NOTE: The City does not have a zoning designation that closely
corresponds to the public/quasi-public designation shown on the Comprehensive
Plan Future Land Use Map. Therefore, several properties that are designated for
public/quasi-public uses are zoned L-O~ including the LDS Church to the north.
City Council recognizes that the land use designations on the Future Land Use
Map are conceptual. Because the Comprehensive Plan is a "guide" when
determining land uses and can be applied generally to areas, City Council believes
that this is an instance to expand the public/quasi-public designation slightly south
of where it is depicted on the Future Land Use Map.
City Council finds the following Goals, Objectives1 and Action items contained in
the 2002 Comprehensive Plan to be applicable to this application (analysis is in
italics below po/icy):
") "Restrict curb cuts and access points on collectors and arterial streets."
(Chapter vrr, Goal IV. Objective D. Action item 2)
On the submitted conceptual plan, the applicant is proposing two access
points to Black Cat Road. an arterial roadway. ACHD has approved two
access points for this property, hut not as shown on the conceptual plan. See
theACHD staffreport and Finding "J" for filrther analysis.
<<) "Require appropriate landscape and buffers along transportation corridors
(setbac~ vegetation, low walls, berms, etc.)." (Chapter vn. Goal IV,
Objective D, Action item 4)
Black Cat Road is designated as an arterial street. By City Ordinance, a 25-
foot wide landscape buffer is required adjacent to Black Cat Road (MCC 12-
13-10-4). Landscapingwi/l he required by the City with CZCISubdivision
approval,
o ('Require that development projects have planned for the provision of all
public services" (Chapter VII, Goal III, Objective Ii.. Action items 1 and 4)
On June 17, 2005, a joint agency/department cpmments 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
The applicant has also listed some Comprehensive Plan policies that SllppOrt the
annexation and proposed use of the property (see applicant's letter dated MlU' 5,
2005).
If the applicant ellters into a development agreement 10 develop the property with
a church alld not professional offices, clinics or other commercial uses, City
Council ftnd~ that L-O zoning of this property Will be harmonious and in
accordance with the Comprehensive Plan,
B. Is 4he area iun:Buded in the zoning amendment intended to be rezoned in the
future;
Concurrent with the annexation and zoning application, the applicant has
submitted a conceptual site plan. This site plans depicts a church and associated
parking on tbis property. City Council does not anticipate thatthe applicant plans
to rezone the subject property in the future if the subject annexation/zoning is
approved, as the anticipated church use is principally permitted in the requested
IrQ zone.
C. Is the area included in the zoning amendment intended to be developed jn the
fashion that would be aUowed under the new zoning -for example, a
residential area. turning into a (:ommercial area by means of conditional use
permifs;
City Council fInds that churches, as well as professional offices~ laboratories,
libraries and medical clinics are currently pennitted uses within the requested L-O
zone. Further, there are several uses in the requested r.,..o zone that can occur with
conditional use permit approval There is no detailed development plan proposed
for this property at this time. City Council is COncerned that this area may turn
into a commercial retail site, and is limiting the uses that can operate on the site to
church type uses.
D. Has there been a cbange in the area or adjacent areas whiCh may dictate tbat
the area should be rezoned. For example,. have tbe streets been widened, new
railroad access been developed or planned or adjacent area being developed
in a fashion similar to tbe p....oposed rezone area;
City Council finds that the recent annexation and zoning ofMiUiron Subdivisio~
and the construction of the LDS Church directly north of this site, dictates that the
subject property be similarly zoned and developed. The str-eets adjacent to this site
have not been widened recently, and Black Cat Road and Cheny Lane are not in
the current AClID Five-Year Work Program or ClP f~r roadway improvements.
E. Will tbe proposed 0BeS be designed, CODStru~ operated and maintained to
be hannonious and appropriate in appearance with the existing or intended
cbaracter of the general vicinity and that such use will not change the
essential character of tbe same area;
The applicant will be required to construct:. operate and maintain the future church
building(s) in accordance with City Code. AJthou.gh residential uses were
envisioned for this area when the 2002 Comprehensive Plan was adopted" City
Council finds that an I,...O zone also complies with the Comprehensive Plan (see
Finding <<A" above). City Council finds that the design of the submitted
conceptual layout for a church building could be harmonious with the adjacent
properties if cross-access is provided to the parcels to the west (single~fami1y
l1ome) and north (LDS Church) and/or south (single-family home), and
appropriate laI1dscape buffers are installed along the perimeter of the property.
City Council further tinds that the proposed office zone and church use will
change the existing character of the area, but that the proposed zone and future
use should be harmonious and appropriate in appearance with the character oftbe
overall area. City Council finds that any future uses. if designed, constructed and
operated in accordance with adopted city ordinances, should be harmonious and
appropriate in appearance with the intended character of the vicinity.
F. Will the prop4}S'OO u~ not be lJazardons or disturbing to existing or future
neighboring uses;
The 2002 Comprehensive Plan Future Land Use Map designates the property to
the north as public/quasi-public; the property to the east is medium density
residential; and, tbe properties to the south and west are designated for low
residential densities.
City Council finds that the zoning of this property to L-O for a future church
should not be hazardous or disturbing to existing or future neighboring uses if the
applicant enters into a development agr:eement with the City" and all development
and landscaping ordinances: are exercised.
G. Will the area be served adequately by essential public facilities: and services
sucb as Ilighways, streets, police and (Ire protection, drainage structures,
refuse disposal, water, sewer or that the person responsible for tbe
establishment of proposed zoning amendment shall be able to pI'Ol"ide
adequately any of such services;
Sanitary sewer is currently being constructed in Black Cat Road as part of the
improvements for Milliron Subdivision to the west. Water mains are readily
available in Black Cat Road.
The applicant and/or future property owners wiJI be required to pay any
applicable park and highway impact fees as well as construct on-site storm water
drainage facilities.
On June 17. 2005, a joint agency/department conunents meeting was held with
representatives of key service providers to this property. Based on the joint
agency/department meeting and other comments received from
agencies/departments, City Council finds that the public services listed above can
be made available to accommoda.te the proposed development.
H. Will Dot er~u eJieesgfiv~ mdd.itiolllal requirements at public coot for pubJi(:
facilities and senrices and will not be detrimcotal to the economic welfare of
the community;
If approved. the developer will be financing the extension of sewer. water, local
street (driveway) infrastructure, utilities and irrigation services to serve the
project. Other required site improvements will be funded and constructed by the
developer through the CZC/Subdivislon approval process. The primary public
costs to serve the future uses wiU be fire and police facilities and services. City
Council finds there will not be excessive additional requirements at public cost
and that the proposed zoning and subsequent development will not be detrimental
to the community's economic welfare.
L Will the proposed uses not involve uses, activities, processes, materials,
equipment and conditions of operation tbat will be detrimental to any
persons, property or the general welfare by l'ea$on of excessive production of
traffic, Boise, smoke, fumes, glare or odors;
If the subject annexation and zoning application is approved. the applicant intends
to construct a church building on this site. ACHD staff estimates that a church
will generate approximately 400 additional vehicle trips per day. City Council
finds that any future uses on this site will generate additional traffic on adjacent
roadways above and beyond the existing residence. The level of impact
developing this site will have on the public will depend upon the type ofuse(s)
approved and the square footage of the building(s). City Council recognizes tbat
traffic and noise will increase with the approval of this annexation
application/development; however, due to churches historically having a low
impact on the surrounding area, City Council does not believe that the amount
traffic and noise generation will be detrimental to the general welfare of the
public. Further. City Council does not anticipate the proposed annexation and
subsequent church use wiu create excessive smoke, fumeS3 glare. or odors. City
Council finds that the proposed L-Q zoning and church use should not be
detrimental to people, property or the general welfare of the area.
MCC 11-16-4 provides the P&Z Commission and City Council the authority to
require a property owner to enter into a Development Agreement with the City of
Meridian that may require some written commitment' for all future uses to more
fully comply with this finding. Due to the close proximity of existing and future
residential uses~ City Council believes that a Development Agreement is
necessary to ensure that this property is developed in a fashion that is consistent
with the public/quasi-public designation of the Future Land Use Map and does not
negatively impact nearby properties.
J. Will the area have vehicular approaches to the property which shall be so
designed as Dot to create an interference with traffic on surrounding public
streets;
On the submitted conceptual pIa~ the applicant has depicted two access points to
Black Cat Road. The proposed driveways are located near the north and south
property lines. The ACIID consider access points in their analysis of development
applications. The ACHD has not approved the driveway locations as shown on
the conceptual site plan. The ACHD has given the applicant two options for
access: 1) construct one driveway at the south property line and provide cross-
access to the properties to the south and west; and construct a second driveway in
alignment with Milliron Drive, or 2) construct one driveway at the north property
line and provide cross-access to the properties to the north (IDS Church) and
west, and construct a second driveway in alignment with Milliron Drive. Because
the property to the west does not have frontage on a public street, City Council
believes that a cross-access easement between the subject property and the
property to the west should be provided. If cross-access is provided to the west,
then the property to the west can redevelop and ac~ss Black Cat Road. City
Council believes that the proposed uses (and potential access) should not be
hazardous to neighboring uses or traffic flows if they are constructed. as required
by ACHD. Further. Ci1y Council finds that the least amount of interference to
traffic on the surrounding public streets will occur if cross-access between the
subject property and the adjacent properties are provided. See the ACHD staff
report for more analysis.
K. Will not remit in the destnJction, loss or damage of a natural or scenic
feature ofmajor importaoee; and
City Council is unaware of any natural of scenic featur~ 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 annexation and zoning application. All existing
trees larger than 4" caliper that are removed from the site, that the City Arborist
deems necessary for mitigation, shall be mitigated for.
L. Is the proposed zoning amendment in the best interest of the City or
Meridian. (Ord. 592,11-17-1992)"
The legal description submitted with the application, prepared by Idaho Survey
Group, shows that the property is contiguous to the ~xisting corporate boundary
of the City of Meridian. The legal description meets the requirements of the City
of Meridian and State Tax Commission and will place the parcel contiguous to
existing city limits. The subject property is within the Urban Services Planning
Area. The land directly north; and east of the subject property have previously
been annexed into the City and this is a logical expansion of the City boundary.
The applicant is proposing to develop the land in substantial compliance with the
City's Comprehensive Plan. In accordance with the findings listed above~ ~
Council finds that the annexation/zoninl! of this pmoertv would be in the best
interest of the Citv. NOTE: City Council has included Development Agreement
stipulations for annexation and zoning oftws properly.
EXHIBIT E
Seventh Day Adventist ChurcJI Annexation.
AZ-05~024
Ingress/Egress Easement Area Agreement
GRH Ten Mile LLC, an Idaho limited liability company, and Halker Properties LLC, an
Idaho limited liability company, (collectively, "Grantors") hereby agree that Grantors,
and its successors and assigns shalt sell fee title, for "fair market value" (as detennined
below), to the Northerly ~ ~ feet of the Property {either defmed term earlier in
Development Agreement or insert description} (the "Easement Area") to the owners
("Benefited Owners") of the benefited property of the Easement Area, (such property
depicted on the map attached hereto as Exhibit "Al" and made a part hereof, and more
particularly described on Schedule I attached hereto and made a part hereof), if so
requested by the Benefited Owners or their successors or assigns, for the installation and
construction of a public road and only upon the approval by the City of Meridian of an
annexation and re-subdivision of the benefited property, Or a portion thereof, consistent
with the City of Meridian Comprehensive Plan in effect at the time of request or
otherwise with specific notice to Grantor. A portion of t:-fhe Basement Area is subject to
an existing easement for ingress and egress, as evidenced by that certain. Warranty Deed,
recorded October 9, 1975, as Instrument No. 7530794, in the Official Records of Ada
C01U1ty, Idaho. In the event Grantors and the Benefited Owners fail to agree upon' the fair
market value for the fee title to the Easement Area, said valuation shall be detennined in
the following manner: Grantor and the Benefited Owners shalJ each appoint an appraiser
to determine the fair market value of the fee title to the Easement Area and
improvements. If those two appraisers' detennination of fair market value are within five
percent (5%) of each other, then the "fair market value" shall be the average thereof If
the two detenninations for fair market value are greater than five percent (5%) apart, then
the parties shall jointly select and hire a third appraiser and thereafter the <<fair market
value" shall be the average of the two closest valuations whether such valuation be the
determination of Grantor's appraiser or the Benefited Owners' appraiser or the third
appraiser. Bach party shall pay for the cost of their own appraisal and shall pay for one-
half of the cost of the third appraiser. If the Benefited Owner's cannot agree to or
otherwise do not accept the final detennined fair market value, Grantor shall be released
from its obligation to sell the Ease.thent Area as set forth in this paragraph. The City of
Meridian is not a party of interest to this transaction and will not be involved in any part
of the detennination of fair market value. If other vehicular a(:.cess to Black Cat Road
a:nd/or Cherry Lane is acauired bv the Benefited Owners to the west. then the
reauirement of the Grantors to sell the Easement Area shall be null and void.
CITY OF MERID!AN PLANNING AND PUBLlC WORKS DEPARTMENTS STAFf .REPORT
STAFF REPORT:
If~~'~ ';
c:;!W;"I\ 1} N':~ ., i_
Hearing Date: September 20, 2005 ; J.
Transmittal Date: September 15,2005 oriOtlerl1 ~-; v
Mayor & City Council ~;:/
Sonya Watters, Assistant City Planner ~
Michael Cole, Development Services Coordinator M c..
TO:
:FROM:
SUBJECT:
Bridgetower Crossing Subdivision No. 13
Request for a Final Plat Approval of Bridgetower Crossing Subdivision No. 13
Consisting of 5S Single-family Residential Building Lots and 5 Common Lots on
20.81 Acres in an R-4 Zone by Prirneland Development, LLP (File# PP-05-058)
We 'have reviewed this submittal and offer the following comments, as conditions ofthe applicant. These
conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian
City Council:
APPLICATION SUMMARY & LOCATION
The applicant, Primeland Development, LLP, has applied for final plat approval of the thirteenth phase of
Bridgetower Crossing Subdivision. This phase inoludes 55 single-family residential building lots and 5
common lots on 20.81 acres. The gross density of this phase is 2,64 dwelling units per acre and the net
density is 3.18 dwelling units per acre.
This phase is located approximately % mile west ofN. Linder Road and Vi mile north of W. Ustick Road,
in the E Y.1 of Section 35, T.4N., R.l W.
The subdivision is located in an R-4 zone and has been approved as a planned development. The
minimum house size within the subdivision is ] AOO square feet, excluding the garage. The Prelimin3ly
Plat was approved under the name of Bridgetowet Crossing East Subdivision. The approved Planned
Development (CUP) allowed for increased block lengths and a reduction in street frontage to 69 feet for
single family residential lots in tbis subdivision.
The common area lots within the subdivision consist of landscape and pathway lots, and will be
maintained by the Bridgetower Crossing Homeowners Association. The pressurized irrigation system
within this development is to be owned and maintained by the Bridgetowel' Crossing and Verona
Homeowners Associations.
The final plat for this phase shows a total of nine building lots more than was approved with the
preliminary plat and the lots were subsequently made smaller. Also, a drainage lot that was proposed in
Block 42 was removed as drainage is now located in roadside swales, Staffhas no concerns because the
proposed total number of lots is still consistent with the number of lots approved for the preliminary plat.
(Previous phases ofthe preliminary plat removed building lots.) Therefore, staff finds that the proposed
final plat substantially complies with the preliminary plat.
Staff recorrnnends approval of Bridgetower Crossing Subdivision No. 13 with the comments and
conditions stated in this report.
FP-OS.OS8 Bridgetower Crossing Sub13 FP.dcc
PAGE 1
CTTY OF MERIDrAN PLANNfNG AND PUBLTC WORKS DEPARTMENTS STAFF REPORT
SITE SPECIFIC REQUIREMENTS
L Applicant is to meet all terms of the approved Preliminary Plat (PP-02-014). Conditi011al Use
Permit (CUP-OI-006) and Development Agreement (lust. No. 101117652).
2. Sanitary sewer service to this site is being proposed via seweJ.' mains installed in previous phases
of this development. The applicant shall be responsible to constmct sewer mains to and through
this proposed development. Subdivision designer to coordinate main sizing and routing with the
Publio Works Department, Applicant shall execute City of Meridian standard founs of easements,
for any mains that are required to provide service. Cover over sanitary sewer mains shall be no
less than 3-feet from finish grade to the top of the pipe. If cover is less than 3Rfeet from the subR
grade to the top of pipe, alternate pipe materials shall be used per the Meridian Public Works
Department's Standard Specifications.
3. Water service to this site is being proposed via existing mains installed in previous phases of this
development. The applicant shall be responsible to construct water mains to and through tbis
proposed development. Subdivision designer to coordinate main sizing and routing with the
Public Works Department. Applicant shall execute City of Meridian. standard fonns of easements,
for any mains that are required to provide service.
4. Underground pressurized irrigation must be provided to all landscape areas on site. Applicant has
indicated that the pressurized irrigation system within this development is to be owned and
maintained by the Homeowner's Association, Since the system is being proposed as a private
system, plans and specifications for the irrigation system shall be reviewed by the Public Works
Department as part of the development plan review process. A draft copy of the pressurized
irrigation system O&M manual must be submitted prior to plan approval.
5. Submit a copy of the executed encroaclunent agreement with Settler's Irrigation District, for all
of the lots along the northern bOWldary of this phase in Block 33 than encroach within the 35-ft.
wide Coleman Lateral easement indicating how the land underlying the easement may be used,
prior to signattrre on the final plat by the City Engineer. If encroachment is not granted, the
easement area will need to be removed from the building lots.
6. The portion of the Settlers Irrigation Coleman Lateral Easement that falls into this phase and is
graphically depicted on the plat may cause some to believe there is a graphically depicted SRfoot
wide easement that supersedes the standard IO-foot wide back property liue easement. Either
graphically depict the lO-foot wide Public Utilities, Drainage and Irrigation Easement or
specifically name those lots; in a plat note, to be subject to the standard 10-foot wide Public
Utilities, Drainage and Irrigation easement.
7. All fencing shall be in compliance with MCC 12-4-10.
8. Fencing along micropatbs shall be consistent with existing micropath fencing approved in
previous phases of Bridget ower Crossing Subdivision.
9. The Landscape Plan, prepared by Harvest Design and dated 8/22/05, is approved as submitted.
10. All drainage areas (detention/retention basins) must be designed to ensure that water will
percolate or discharge within a period of time not to exceed 24 hours for aU storms up to and
including a 100~year storm event. Side slopes within drainage areas must be less than 3:1 for
accessibility and maintenance. Stoml drainage facilities musl be in compliance with MCC 12-13-
14-2,
FP-05~058 Bridgetower Crossing Sub13 FP ,doc
PAGE 2
CITY OF MERlDfAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT
11. Submit "Final" letter from the Ada County Street Name Committee, approving the subdivision
and street names. Make any corrections necessary to conform.
12. Complete tile Certificate of Owners and its accompanying AcImowledgemellt,
13, The Celtificate of Owners appears to be missing the "bearings and distanoes" of a portion of the
westem outer boundary of this proposed development. The applicant shall confinn tlus
information and make the necessary corrections.
14. Staff's. failure to cite specific ordinance provisions or tenus of the approved Preliminary Plat,
Conditional 'Use Permit or Development Agreement does not relieve Applicant of responsibility
for compliance.
GENERAL REQUillEMENTS
1. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or
lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12~4~
13, Plans will need to be approved by the appropriate irrigatiOn/drainage district, or lateral users
association (ditch owner's), with written approval or nOll-approval submitted to the Public Works
Department. If lateral users association approval can't be obtained, plans will be reviewed and
approved by the meridian City Engineer prior to final plat signature.
2. Any existing domestic wells and/or septic systems within tltis project will have to be removed
from their domestic service per City Ordinance Section 9-1-4 and 9~4-8. Wells may be used for
non-domestic purposes such as landscape irrigation.
3. 250 and 100-watt, high-pressure sodium streetlights will be required at locations designated by
the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical
locations are at street intersections and/or fire hydrants. Final design locations and quantity are
determined after power designs are completed by Idaho Power Company. Street light contractor
to obtain design and pennit from the Public WorksDepartment prior commencing installations.
4. Compaction test results ffi'-lst be submitted to the Meridian Building DeparLment for all lots
receiving engineered backfilL
5. Applicant's engineer will be required to submit a signed, stamped statement certifying that all
street fmish' centerline elevations are set a minimum of three feet above the highest established
nonnal groundwater elevation.
6. Coordinate fIre hydrant placement with the City of Meridian's Water Works Superintendent.
7. Provide five-foot-wide sidewalks in accordance with City Ordinance Section 12-5-2.K. Sidewalks
are to provide a clear five-foot-wide walkway pathway without encroachment of mailbox
structures.
8. Applicant shall be responsible for application and compliance witb any Section 404
Permitting that may be required by the Army Corps of Engineers.
9, Applicant shall be responsible for application and compliance with and NPDES Permitting that
may be required by the Environmental Protection Agency.
10. Developer shall coordinate mailbox locations with the Meridian Post Office,
FP-05-058 Bridgetower Crossing Sub13 FP.doc
PAGE 3
CITY OF MERIDIAN PLANNiNG AND PUBLrC WORKS DEPARTMENTS STAFF REPORT
1 L 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 all the final plat
per Resolution 02"374.
12. Please submit all updated grOlmdwater/soils monitoring data to the Public Works Department for
review.
13. Street signs are to be in place, water system shall be approved and activated, fencing shall be
installed, drainage lots constructed, road base shall be approved by the Ada County Highway
District; and the Final Plat for this subdivision shall be recorded, prior to applying for building
penults.
14. A letter of credit or cash surety in the amount of 110% well be required tor all uncompleted
fencing, landscaping, amenities, pressurized irrigation, sanitar.y sewer, water, etc.; prior to
signature on the fmal plat.
15. 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.
16. It shall be the responsibility of the applicant to ensure that all development features comply with
the Americans with Disabilities Act and the Fair Housing Act.
STAFF RECOMMENDATION
Staff recommends approval of the final plat for Bridgetower Crossing Subdivision No. 13 with the above
stated comments & conditions.
FP-05-058 Bridgetower Crossing Sub13 FP.doc
PAGE 4
EXHIBIT E
Seventh Day Adventist Church Annexation
AZ-05~024
Ingress/Egress Easement Area Agreement
GRH Ten Mile LLC, an Idaho limited liability company, and Halker Properties LLC, an
Idaho limited liability company, (collectively, "Grantors") hereby agree that Grantors)
and its successors and assigns shall sell fee title, for "fair market value" (as detennined
below), to the Northerly ~ &Q feet of the Property {either defined term earlier in
Development Agreement or insert description] (the "Easement Area") to the owners
("Benefited Owners") of the benefited property of the Easetnent Area, (such property
depicted on the map attached hereto as Exhibit "AI" and made a part hereof, and more
particularly described on Schedule I attached hereto and made a part hereof), if so
requested by the Benefited Owners or their SUccessors or assigns, for the installation and
construction of a public road and only upon the approval by the City of Meridian of an
annexation and re~subdivision of the benefited property, or a portion thereof. consistent
with the City of Meridian Comprehensive Plan in effect at the time of request or
otherwise with specific notice to Grantor. A portion oft=The Easement Area is subject to
an existing easement for ingress and egress~ as evidenced by that certain Warranty Deed,
recorded October 9, 1975, as Instrument No. 7530794, in the Official Records of Ada
County, Idaho. In the event Grantors and the Benefited Owners fail to agree upon the fair
market value for the fee title to the Easement Area, said valuation shall be determined in
the following manner: Grantor and the Benefited Owners shall each appoint an appraiser
to determine the fair market value of the fee title to the Easement Area and
improvements. If those two appraisers' detennination of fair market value are within five
percent (5%) of each other, then the "fair market value" shall be the average thereof If
the two determinations for fair market value are greater than five percent (5%) apart, then
the parties shaH jointly select and hire a third appraiser and thereafter the "fair market
value" shall be the average of the two closest valuations whether such valuation be the
detennination of Grantor's appraiser or the Benefited Owners' appraiser or the third
appraiser. Each party shall pay for the cost of their own appraisal and shall pay for one-
half of the cost of the third appraiser. If the Benefited Owner's cannot agree to or
otherwise do not accept the final detennined fair market value, Grantor shall be released
from its obligation to sell the Easement Area as set forth in this paragraph. The City of
Meridian is not a party of interest to this transaction and will not be involved in any part
of the detennination of fair market value. If other vehicular access to Black Cat Road
and/or Cher.rv Lane is acouired bv the Benefited Owners to the west. then ~
reouirement of the Grantors to sell the Easement Area shall be null and void.
ADA COUNTY RECORDE~J I)AVID NAVARRO
BOISE IDAHO 10113f05 0, PM
DEPUTY Neava Haney
RECORDED-REQUEST OF
Meridian elly
AMOUNT .00
58
III/I fIll II/II HI/l!.I1IJ~IIIII/ if III
H:1._.1._t.::. d:.1 "
DEVELOPMENT AGREEMENT
PARTIES: 1.
2.
3.
4.
5.
City of Meridian
Stetson Properties, LP, Owner
Joint School District No.2, Owner
City of Meridian, Owner
and JLJ Enterprises, Inc., Owner/Developer
THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and
entered into this ~day of <.. ~~rJ!A , 2005, by and between City of Meridian, a
municipal corporation of the State 0 Idaho, hereafter called "CITY', and Stetson PropertIeS,
LP, Joint School District No.2, and City of Meridian, hereinafter called "OWNERS" andJLJ
Enterprises, Inc., hereinafter called "OWNERlDEVELOPER".
1.
REelT ALS:
1.1 WHEREAS, "OWNERS" and "OWNER/DEVELOPER" are the
sole owners, in law and/or equity, of certain tract of land in the
County of Ada, State ofIdaho, described in Exhibit A for each owner,
which is attached hereto and by this reference incorporated herein as
if set forth in full, herein after refen-ed to as the "Property"; and
1.2 WHEREAS, I.C. 9 67 -6511A, Idaho Code, provides that cities may,
by ordinance, require or permit as a condition of re-zoning that the
"Owner/Developer" make a written commitment concerning the use
or development of the subject "Propeliy"; and
1.3 WHEREAS, "City" has exercised its statutory authority by the
enactment of Ordinance 11-15-12 and 11-16-4 A, which authorizes
development agreements upon the annexation and/or re-zoning of
land; and
1.4 WHEREAS, "OwnerlDeveloper" has submitted an application for
annexation and zoning of the "Property's" described in Exhibit A,
and has requested a designation of (R -4) Low Density, (R -8) Medium
Density, and R-15 (High Density) (Municipal Code of the City of
Meridian); and
1.5 WHEREAS, "OwnerlDeveloper" made representations at the public
hearings both before the Meridian Plmming & Zoning Commission
DEVELOPMENT AGREEMENT (AZ 05-018) WESTBOROUGH SQUARE SUBDIVISION)
PAGE 1 OF 12
and before the Meridian City Council, as to how the subject
"Property" will be developed and what improvements will be made;
and
1.6 WHEREAS, record of the proceedings for the requested annexation
and zoning designation of the subj ect "Propeliy" held before the
PlaIming & Zoning Commission, aIld subsequently before the City
Council, include responses of government subdivisions providing
services within the City of Meridian plmning jurisdiction, and
received further testimony and comment; and
1. 7 WHE~AS, City Council, the 16th day of August, 2005, has
approved celiain Findings of Fact and Conclusions of Law and
Decision and Order, set forth in Exhibit B, which are attached hereto
aIld by this reference incorporated herein as if set forth in full,
hereinafter refen-ed to as (the "Findings"); and
1.8 WHEREAS, the Findings require the "Owners" and
"OwnerlDeveloper" to enter into a development agreement before the
City Council takes final action on aImexation and zoning designation;
aIld
1.9 "OWNERS" and "OWNERlDEVELOPER" deems it to be in their
best interest to be able to enter into tIus Agreement md acknowledges
that this Agreement was entered into voluntarily and at its urging and
requests; and
1.10 WHEREAS, "City" requires the "Owners" and "OwnerlDeveloper"
to enter into a development agreement for the purpose of ensuring
that the "Property" is developed and the subsequent use of the
"Property" is in accordance with the terms and conditions of this
development agreement, herein being established as a result of
evidence received by the "City" in the proceedings for zoning
designation from government subdivisions providing services within
the planning jurisdiction and from affected property owners and to
ensure re-zoning designation is in accordance with the amended
Comprehensive Plan ofthe City of Meridian adopted August 6,2002,
Resolution No. 02-382, and the Zoning and Development Ordinances
codified in Meridian City Code Title 11 and Title 12.
DEVELOPMENT AGREEMENT (AZ 05-018) WESTBOROUGH SQUARE SUBDIVISION)
PAGE 2 OF 12
NOW, THEREFORE, in consideration ofthe covenants and conditions set
forth herein, the paliies agree as follows;
2. INCORPORATION OF RECITALS: That the above recitals are
contractual and binding and are incorporated herein as if set forth in full.
3. DEFINITIONS: For all purposes of this Agreement the following words,
terms, and phrases herein contained in this section shall be defined and interpreted as herein
provided for, unless the clear context of the presentation of the same requires otherwise:
3.1 "eITY": means and refers to the City of MeridiaIl, a party to this
Agreement, which is a municipal Corporation and government
subdivision ofthe state ofIdaho, organized and existing by virtue of
law of the State of Idaho, whose address is 33 East Idaho Avenue,
Meridian, Idaho 83642.
3.2 "OWNERS": means and refers to Stetson Properties, LP, whose
address is 6152 W. HalfinoonLane, Eagle, Idaho 83616, Joint School
District No.2, whose address is 911 Meridian Road, Meridian, Idaho
83642, City of Meridian, 33 East Idaho Avenue, Meridian, Idaho
83642, and JLl Enterprises, Inc., whose address is 516 S. Capitol
Blvd., Boise, Idaho 83702.
3.3 "OWNERlDEVELOPER": means and JLJ Enterprises, hlC., whose
address is 516 S. Capitol Blvd., Boise, Idaho 83702, the party
developing said "Property" and shall include any subsequent
developer(s) of the "Property".
3.4 "PROPERTY": means and refers to that certain parcel(s) of
"Property" located in the County of Ada, City of Meridian as
described in Exhibit A describing the parcels to be annexed and
zoned R-4 (Low Density), R-8 (Medium Density) and R-15 (High
Density) attached hereto and by this reference incorporated herein as
if set forth at length.
4.
USES PERMITTED BY THIS AGREEMENT:
4.1 The uses allowed pursuant to this Agreement are only those uses
allowed under "City's" Zoning Ordinance codified at Meridian City
DEVELOPMENT AGREEMENT (AZ 05-018) WESTBOROUGH SQUARE SUBDIVISION)
PAGE 3 OF 12
Code Section 11-7-2 (C D & E) which are herein specified as
follows:
Construction and development of either a conditional use permit or
a planned development application shall be submitted to the City of
Meridian prior to a future development in theR-4, R-8 and R-15
zone, and the pertinent provisions of the City of Meridian
Comprehensive Plan are applicable to this AZ 05-018 application.
4.2 No change in the uses specified in this Agreement shall be allowed
without modification of this Agreement.
5. DEVELOPMENT IN CONDITIONAL USE: "Developer" has submitted
to "City" an application for conditional use permit site plan dated AprilS, 2005, and shall be
required to obtain the "City'" approval thereof, in accordance to the City's Zoning aIld
Development Ordinance criteria, therein, provided, prior to, and as a condition of, the
commencement of construction of any buildings or improvements on the "Property" that
require a conditional use permit.
6. eONDITIONS GOVERNING DEVELOPMENT OF SUBJECT
PROPERTY:
6.1. "OwnerlDeveloper" shall develop the "Property" in accordance with the
following special conditions:
1. That the applicant agrees to construct a 10-foot tall berm/fence or
berm/wall combination along Chinden Boulevard. The height ofthe
berm/fence/wall shall be measured from the centerline elevation of
Chinden Boulevard. The height of the wall or fence may not exceed
6-feet in height (measured from the top of the berm). The slope ofthe
berm may not exceed a 3:1 ratio. The required sidewalk along
Chinden Boulevard shall be constructed on the north side of the
berm/buffer.
7. COMPLIANeE PERIOD/CONSENT TO REZONE: This Agreement and
the commitments contained herein shall be terminated, and the zoning designation reversed,
upon a default of the "Owners" or "Owners" heirs, successors, assigns, to comply with
Section 6 entitled "Conditions Governing Development of Subject Property" of this
agreement within two years of the date this Agreement is effective, and after the "City" has
DEVELOPMENT AGREEMENT (AZ 05-018) WESTBOROUGH SQUARE SUBDIVISION)
PAGE 4 OF 12
complied with the notice and hearing procedures as outlined in Idaho Code S 67-6509, or any
subsequent amendments or recodificatiol1S thereof.
8. CONSENT TO DE-ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
"Owner/Developer" consents upon default to the reversal of the zoning
designation of the "Property" subject to and conditioned upon the following conditions
precedent to-wit:
8.1 That the "City" provide written notice of any failure to comply with
this Agreement to "Owner/Developer" and ifthe "OwnerlDeveloper"
fails to cure such failure within six (6) months of such notice.
9. INSPECTION: "OwnerlDeveloper" shall, immediately upon completion of
any portion or the entirety of said development of the "Property" as required by this
agreement or by City ordinance or policy, notify the City Engineer and request the City
Engineer's inspections and written approval of such completed improvements or portion
thereof in accordance with the terms and conditions ofthis Development Agreement and all
other ordinances ofthe "City" that apply to said Development.
10. DEFAULT:
10.1 In the event "Owners", "OwnerlDeveloper", "Owner/Developer's"
heirs, successors, assigns, or subsequent owners ofthe "Property" or
any other person acquiring an interest in the "Property", fail to
faithfully comply with all of the terms and conditions included in this
Agreement in connection with the "Property", this Agreement may be
modified or terminated by the "City" upon compliance with the
requirements ofthe Zoning Ordinance.
10.2 A waiver by "City" of any default by "Owners" or
"OwnerlDeveloper" of anyone or more of the covenmts or
conditions hereof shall apply solely to the breach and breaches
waived and shall not bar any other rights or remedies of "City" or
apply to any subsequent breach of any such or other covenants and
conditions.
11. REQUIREMENT FOR RECORDATION: "City" shall record either a
memorandum of this Agreement or this Agreement, including all of the Exhibits, at
DEVELOPMENT AGREEMENT (AZ 05.018) WESTBOROUGH SQUARE SUBDNISION)
PAGE 5 OF 12
"Owner's" cost, and submit proof of such recording to "Owner", prior to the third reading of
the Meridian Zoning Ordinance in connection with the re-zoning of the "Property" by the
City Council. If for any reason after such recordation, the City Council fails to adopt the
ordinance in cOlmection with the amlexation and zoning of the "Property" contemplated
hereby, the "City" shall execute and record an appropriate instrument of release of this
Agreement.
12. ZONING: "City" shall, following recordation of the duly approved
Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein.
13. REMEDIES: TIns Agreement shall be enforceable in any court of competent
jurisdiction by either "City" or "OwnerlDeveloper", or by any successor or successors in title
or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action
at law or in equity to secure the specific performance of the covenants, agreements,
conditions, and obligations contained herein.
13.1 In the event of a material breach of this Agreement, the parties agree
that "City" and "Owner" shall have thiliy (30) days after delivery of
notice of said breach to correct the Sal11e prior to the non-breac1nng
party's seeking of any remedy provided for herein; provided,
however, that in the case of any such default which CaImot with
diligence be cured within such thirty (30) day period, if the defaulting
party shall commence to cure the Sal11e within such thirty (30) day
period and thereafter shall prosecute the curing of same with
diligence and continuity, then the time allowed to cure such failure
may be extended for such period as may be necessary to complete the
curing of the Sal11e with diligence and continuity.
13.2 In the event the performance of any covenant to be perfolmed
hereunder by either "Owner/Developer" or "City" is delayed for
causes which are beyond the reasonable control of the party
responsible for such performance, which shall include, without
limitation, acts of civil disobedience, strikes or similar causes, the
time for such performance shall be extended by the al110unt oftime of
such delay.
14. SURETY OF PERFORMANCE: The "City" may also require surety
bonds, in-evocable letters of credit, cash deposits, certified check or negotiable bonds, as
allowed under Meridian City Code S 12-5-3, to insure that installation ofthe improvements,
which the "Owner/Developer" agrees to provide, if required by the "City".
DEVELOPMENT AGREEMENT (AZ 05-018) WESTBOROUGH SQUARE SUBDIVISION)
PAGE 6 OF 12
15. CERTIFICATE OF OCCUPANCY: The "OwnerlDeveloper" agrees that
no Celiificates of Occupancy will be issued until all improvements al-e completed, lUlless the
"City" and "Owner/Developer" has entered into an addendum agreement stating when the
improvements will be completed in a phased developed; and in any event, no Celiificates of
Occupancy shall be issued in allY phase in which the improvements have not been installed,
completed, alld accepted by the "City".
16. ABIDE BY ALL CITY ORDINANCES: That "Owners" and
"OwnerlDeveloper" agrees to abide by all ordinances of the City of Meridian alld the
"Property" shall be subject to de-annexation ifthe owner or his assigns, heirs, or successors
shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this
Development Agreement, and the Ordinances of the City of Meridian.
17. NOTleES: Any notice desired by the paliies md/or required by this
Agreement shall be deemed delivered if and when personally delivered or three (3) days after
deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt
requested, addressed as follows:
CITY:
OWNER/DEVELOPER:
c/o City Engineer
City ofMeridiall
33 E. Idaho Ave.
Meridian, ill 83642
JLJ ENTERPRISES, INC.
516 S. Capitol Blvd
Boise, Idaho 83702
OWNERS:
STETSON PROPERTIES
6152 W. Halfrnoon Lane
Eagle, Idaho 83616
JOINT SCHOOL DISTRICT NO.2
911 Meridian Road
Meridian, Idaho 83642
CITY OF MERIDIAN
33 E. Idaho Avenue
Meridim, Idaho 83642
with copy to:
City Clerk
City of Meridian
33 E. Idaho Avenue
Meridian, ill 83642
DEVELOPMENT AGREEMENT (AZ 05-018) WESTBOROUGH SQUARE SUBDIVISION)
PAGE 7 OF 12
17.1 A pmiy shall have the right to change its address by delivering to the
other party a written notification thereof in accordance with the
requirements of this section.
18. ATTORNEY FEES: Should any litigation be commenced between the
paliies 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 attorney's fees as
determined by a Court of competent jurisdiction. This provision shall be deemed to be a
separate contract between the parties and shall survive any default, termination or forfeiture
of this Agreement.
19. TIME IS OF THE ESSENCE: The parties hereto aclmowledge and agree
that time is strictly of the essence with respect to each and every term, condition and
provision hereof, and that the failure to timely perform any of the obligations hereunder shall
constitute a breach of and a default tmder this Agreement by the other party so failing to
perform.
20. BINDING UPON SUeeESSORS: This Agreement shall be binding upon
and inure to the benefit of the parties' respective heirs, successors, assigns and personal
representatives, including "City's" corporate authorities and their successors in office. This
Agreement shall be binding on the "Owner" of the "Property", each subsequent owner and
allY other person acquiring an interest in the "Property". Nothing herein shall in any way
prevent sale or alienation of the "Property", or portions thereof, except that any sale or
alienation shall be subject to the provisions hereof and any successor owner or owners shall
be both benefited alId bound by the conditions and restrictions herein expressed. "City"
agrees, upon written request of "Owner", to execute appropriate and recordable evidence of
termination ofthis Agreement if"City", in its sole and reasonable discretion, had determined
that "Owner" has fully performed its obligations under this Agreement.
21. INVALID PROVISION: If any provision of this Agreement is held not
valid by a court of competent jurisdiction, such provision shall be deemed to be excised from
this Agreement and the invalidity thereof shall not affect any of the other provisions
contained herein.
22. FINAL AGREEMENT: This Agreement sets forth all promises,
inducements, agreements, condition and llilderstandings between "Owners" and
"OwnerlDeveloper" and "City" relative to the subject matter hereof, and there are no
promises, agreements, conditions or understmding, either oral or written, express or implied,
between "Owners", "OwnerlDeveloper" and "City", other than as are stated herein. Except
DEVELOPMENT AGREEMENT (AZ 05-018) WESTBOROUGH SQUARE SUBDIVISION)
PAGE 8 OF 12
as herein otherwise provided, no subsequent alteration, amendment, change or addition to
this Agreement shall be binding upon the parties hereto unless reduced to writing and signed
by them or their successors in interest or their assigns, and pursuant, with respect to "City",
to a duly adopted ordinance or resolution of "City".
22.1 No condition governing the uses and/or conditions governing re-zoning of the
subject "Property" herein provided for can be modified or amended without
the approval of the City Council after the "City" has conducted public
hearing(s) in accordance with the notice provisions provided for a zoning
designation and/or amendment in force at the time of the proposed
amendment.
23. EFFEeTIVE DATE OF AGREEMENT: This Agreement shall be effective
on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning
Ordinance in connection with the annexation and zoning of the "Property" md execution of
the Mayor and City Cleric.
AeKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement
and made it effective as hereinabove provided.
OWNER /DEVELOPER:
STETSON PROPERTIES, LP
~~~
DEVELOPMENT AGREEMENT (AZ 05-018) WESTBOROUGH SQUARE SUBDIVISION)
PAGE 9 OF 12
JOINT SCHOOL DISTRICT NO.2
B~~~__
CITY OF MERIDIAN
BY~
MAYO T de WEERD
CITY OF MERIDIAN
-------
~a~
t#O' b~C~cd /tJ-4-I/S
STATE OF IDAHO,
: ss:
County of Ada,
On this ~day of ~b.w ,2005, before me, the undersigned, a
Notary Public in and for said State, pers nally appeared James 1. Jewett on behalf of JLJ
Enterprises, LLC, known or identified to me to be the Plt&~ \O~
of said corporation, who executed the instrument on behalf of said corporation, and
acknowledged to me that he executed the same.
(SEA
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
his certificate first above written.
....,.."\ ~- ill
" << ~
, , i Notary P blic for Idaho ^ ,1
....C.J : 0 i Residing at: fJ...J.v-- Cow..L l q, ~ JI,.J...
tJ:: i My Commission Expirel ~l ( . 0
~
","
,~~ENT (AZ 05-018) WESTBOROUGH SQUARE SUBDIVISION)
PAGE 10 OF 12
STATE OF IDAHO,
; ss:
County of Ada,
On this ~ day of 5""~rl ,2005, before me, the undersigned, a
Notary Public in and for said State, personally appeared TI M II ~1-- w e--~
on behalf of Stetson Properties, LP known or identified to me to be the
M. M-~ \ y..J \- r'\J\.,~~ ~ of said limited partnership, who executed the
instrument on behalf of said corporation, and acknowledged to me that he executed the same
on behalf of said limited partnership.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year in this celiificate first above written.
..........."Q."tt~;~e~;;,/J/J/J/J#
~...... ~oo...............~:<:/J#~\
: Co:I ..0 ""0 · 0(' 0:,
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/J#<l4I4I4I:~~?....,,,.,,,,'"''
01L-1-if
Notary Public for IpaJlo
Residing at: ft-'^.. tt-
My Commission Expires: 11- 8-- 0 <0
STATE OF IDAHO,
; ss:
County of Ada,
On this ~ I ~ day of S~ , 2005, before me, !h~ undersigned, a
Notary Public in and for said State, personally appeared l.LJe..t.'lde.l 2>1 ~ha..h1
on behalf of Joint School District No.2, known or identified to me to be the
Su.fuut~{)\'" Dr Fa.~ (;-Hes of said school district, who executed the instrument
on behalf of said corporation, and acknowledged to me that such school district executed the
same.
L"~"'~::u:::",Q.
,.~ :\~ Vl't ~ WHEREOF, I have hereunto set my hand and affixed my official seal
$i~ . certificate first above written.
(~.~;: fJ~a.~
\. ~ Notary PubliE1~r Id,"!o . , j)
##~#-1 )>~... D ~ ~..o; Residing at: L~ t r::::::AV .
"#,q"''12,~a~a,,'tl''''~ My Commission Expires: a -;lit l)f
DEVELOPMENT AGREEMENT (AZ 05-018) WESTBOROUGH SQUARE SUBDIVISION)
PAGE 11 OF 12
STATE OF IDAHO
: ss
County of Ada
Onthis~dayof 81'" Ua..v- ,2005, before me, a Notary
Public, personally appeared Tammy de Weerd and William G. Berg, JT., 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 instrmnent of behalf of said City, and
acknowledged to me that such City executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand al1d affixed my
official seal the day and year in this certificate fi' ove written.
(SEAL) ,...;.~~'~:D~~iIi1lJlt""
l~~P&o.D..e""ooo~a;\
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DEVELOPMENT AGREEMENT (AZ 05-018) WESTBOROUGH SQUARE SUBDIVISION)
PAGE 12 OF 12
, \:Xf\\ bi A I
PARCEL DESCRIPTION
February 14,2005
Project: Westborough Subdivision
Project No: 30363
Annexation Legal
A parcel of land being all ofIots 1 through 8 of Westborough Subdivision, as filed in Book 87 at Page 9884
of Plats, Records of Ada County, Idaho, and a portion of the northeast Y4 of Section 30, Township 4 North,
Range 1 East of the Boise Meridian, Ada County, Idaho, lUore particularly described as follows;
COMMENCING at the found 3.5" brass cap, comer record no. 8953713, marking the northwest comer of
the northeast!4 (north !4 comer) of said Section 30;
Thence South 89051'35" East coincident with the north line of the said northeast !4 of Section 30, a distance
of 1292.00 feet to the intersection of the said north line of northeast !4 of Section 30, the centerline of
Jericho Road and the POINT OF BEGINNING;
Thence continuing South 89051'35" East coincident with the said north line of the northeast !4 of Section
30, a distance of25.00 feet to a found 5/8" rebar/no cap, marking the northwest corner of the northeast !4 of
the northeast '14 (east 1/16 corner) of said Section 30;
Thence continuing South 89051'35" East coincident with the said north line of the northeast Y4 of Section
30, a distance of 578.78 feet;
Thence South 00037'36" West coincident with the easterly boundary line of said Lots 6 and 7 of
Westborough Subdivision, 490.02 feet to a found 5/8" rebar/cap PLS 4431;
Thence South 89051'35" East coincident with the northerly boundary line of said Lot 7 of Westborough
Subdivision, 237.62 feet to a found 2" aluminum cap PLS 5461;
Thence South 17019'14" East coincident with the said easterly boundary line of Lot 7 of Westborougb
Subdivision, 344.32 feet to a found 5/8" rebar/cap PLS 4431;
Thence South 89052'57" East coincident with the said northerly boundary line of Lot 7 of Westborough
Subdivision, 394.49 feet to a found 5/8" rebar/cap PLS 4431 and the east line of the said northeast !4 of
Section 30;
Thence South 00037'40" West coincident with the said east line of the said northeast v.s of Section 30, a
distance of 510.03 feet to a found 5/8" rebar/cap PLS 4431, marking the southeast Comer of the northeast '14
of the. northeast !4 (north 1/16 comer) of said Section 30;
Thence North 89049'03" West coincident with the southerly boundary line of said Lots 8 and 7 of
Westborough Subdivision, 1314.01 feet to a found 5/8" rebar/cap PLS 4431, marking the southwest comer
of the said northeast v.s of the northeast Y4 (NE 1/16 comer) of Section 30;
Thence continuing North 89049'03" West, 25.00 feet to the centerline of Jericho Road;
Thence North 00029'56" East coincident with the said centerline of Jericho Road, 1327.35 feet to the
POINT OF BEGINNING.
The above described parcel contains 1271258 square feet or 29.18 acres, more or less.
Together with and subject to covenants, easements and restrictions of record.
" Exn"\b\lB i
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 (l\1edillm High
Density Residential) and L-O (Lilllited Office District) AND Preliminary Plat Approval of
Seven (7) Buildable Lots and One (1) Common/Other Lot on 5.39 Acres AND eonditional
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. AU other noticing was done consistent with Idaho Code g67-
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 reco:nun.endation on the subject matter to the City Counci1.
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 MERlDIAN FINDINGS OF FACT, CONCLUSlONS OF LAW AND DEC1SION & ORDER
CASE NO(S). AZ-05-018/ PP-05-020 / CUP-05-027- PAGE I of 5
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 Reconunendation 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, WaldOIf & 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 (le. 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
9 11-17-9.
4. Due consideration has been given to the comment(s) received from the govetnmental
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 IS~ 2005 as shown in Exhibit B, the Site Plan dated July 151 2005 as
shown in Exhibit C, the Atmexation 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 FrNDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-05-018 / Pp.{)5-020 / CUP-OS-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 authOlity as provided in Meridian City Code ~ 12-3-5 and
based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby
ordered that:
1. The applicant's 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 tIns time,
the permit holder must commence the use as pennitted 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 1l-17-4.B.)
2. Notice of Twelve (12) Month Preliminary Plat Duration
Please take notice that after the date of approval of the pre I iminary plat, the owner or
developer shall have one year within which to ftle 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 ] 2-2-4.B & C.)
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-05-018/ PP-OS-020 / CUP-OS-027- PAGE 3 of 5
E. Notice of Final Action and Right to RegulatolY Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may
request a regulatory taking analysi~. 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 perSOll 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: CUPIPD Findings
By action ofthe City Council at its regular meeting held on the
fP~ (" -t- ,2005.
16~ dayof
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, CONCLUSlONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-05-018! PP-05-020 ! CUP-OS-027- PAGE 4 of5
MAYOR TAMMY de WEERD
(TIE BREAKER)
VOTED--===-
and City Attorney.
By:, -\1\ 11 mJ\^, 0 I'IU
City Clerk's Office
Dated: ~ -} 8",05
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NOeS). AZ-05-018/ PP-05-020 / CUP-05-027- PAGE 5 ofS
EXHIBIT A
Westborough Square Subdivision
AZ-OS-018
Legal Descriptions
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Matidial:L, AM County. ldlilio, ~f~1l W~lhlll'uUll:h Suix!iviti.oll. I':Cql'llcd ntp...."" \1884, 9885; lll1d 9885, BQOlc 117.
hUI1:rurnenr #1031669,1111, "lOt'O pnn:lcularly cb.cn'bod.as lbllows,
Thcl1l:11 Ntnth &9.$ 13 S" w~ eoitici&lll: wila the nonh 1~ of uidim~ut 'A of Ib" lIOttheA$l Yo OJ'&ctioIl 30,.~
di!Wl<:. of RUn feec to th<:.l"OlJ'('f OJ; llEGfJ\,'l'."lNG;
COMME..,I\fCING 3.[ the DlJ~t c:oml:I at said S6ctiOI.l3"O, lllUl<edby.ll 3.$" brass c..p, ~ume~ ""'~im[W IO.lOj16~ 5;
ilI.:m:e.SoUlh DO'37'36u We I'. 4aO.02 fi!~:
Th<>/XlO Nann 89".30'04"WoJf, 312.117 feet;
'fhellCcNot'1h OO",29'S6H WI, 99.73 (QCl;
~nce' Nartb 2~'47'4!)" E\gt, 14Lll7 .(~I;
Thence North.OOOO8'2'" ~ 247.1~ COCllO the ~.id noflh Ii..... of the ~~.I '.{. oll&e il,Qt\l1clul y. of Sli<'lioa 30:
Then<:~ South 1l!l'S1';l5" !\utcolfu:1dcn{ wilb tba lOIirl."o!1h line cf,lm: nOnheO$I 'A artbl!JttltlMart Yo of S~<::don 30, "
d~",~cc 0027159 f~"l to thQ POINT OF BEGINN'nlG~
i1!~ pme~l ..bo". d~scnl:1ed COIl14ilU 3.17 llaC$ lII(l", Or Ius
TOllcthor",mll aI'\d suhjcCllQ CO\lenlUll:!l, (~nu, and re&"Ilictiom c[n:cord.
The basis otb~J1tlnis forUm Bbo~c ~1ia11 ~ N'Drlh ltJl.S I 'as" W~nb~ea th~ 3.$" bns~ QlIP (co~.IeCOTd
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EXHIBIT MAP
ll'on
WESTBOROUGH SQUARE
ZONE' R-15
A PARC8L OF UND J.U ~ IN mr: NEll' OP SE1:r[dN 8a
UN., JlIE.. OJ!.. ADA COUNTY. lDmO
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[lrojecE No.:
WESTapR.OUOH" SQL-A.ll:F. (t,.O)
30363
A Pl'fceJ of r.u.d loal!b:d in !he Jl,~nb.:au v. ofl1le :twnht:A~t!t. "fS~ti<:1i:.lO, tQWWIrip 4 N<mh, R2nge 1 ElUt,1l.0!se
M' ~udim, Ada COIlIll)', [dabo. ~C'l'I:llI;jDIl Wc:stbOIO\l2,b. Subdivi~ion, rci:cl'ded at P.~ 9884. 98S$, ll.Dd 98115. Boo\:: g-r,
lmlntmrilE~] 031669911, lDI.I~ f1Jrtiet.lluly d~'bed :1$ 'follows:
COMMliNC1!liG 01 tho l1~rthe.:JS1 ~rof!t.OidSeetiGn30, ~.d by t.3.S"brau.cap, cC"",..TCc<lrd,:liotOPIi35;
!hellU h'onh 8~~ I '35" Welt cO!tlc.ldCllt with Ill.: nct1l1, line of said northeast Yo Q f lite notlhmn !4 ofSe.:l:IQU ~O, a
dhllmcc ofl009.515 f.:cllo t1JePOlNl'OJ; B:ECIJl,1\o'INC;
'rhCJ:ll:e SO'udL 00.08:2S" Wo,l, :l47.14 fClct;
ThtnceSou4>.22.41''''9''Wm, i4.2,07 1I:el;
Tlit'llc" Soulh OO'J9'5G" wc~. 99.73 feet:
;Jl1cnce N,orlh 8?'30'D4" Wcul, 219.82 rUllo !be ccnt\:;llne or Jericho Rowl;
TbeQ(:e Nonh (10'29':5"15" Rutcomcident with the uid cenmrlin".lIrrorieho R()lld, 476-=?A feet It> tbe; 1I<>!th I.l.nt ofsi1Jd
.SectioIl30;
11.=" Soulb S9'jj'J5" ~t OOlIIciliMr with !he said lIMhline otSecdon ~O, a dialAne~ ot'332.t $I f.ct 10 tl:re l'Oll\.
01/ Bl":GINNlNc; ..
The p~'cerabove dtgc.."l"bod COll.!:lIU;, 3.45~, IIlore OT l~n.
"'('\)J;let!ll:r with .,1lI SIllJ:jl!ct1'l'l COVctauIl~. ClIMt=1Il!, llJld l~lmmolti.(Jrtt"Cfd.
Tl:c b~ ofbc~ fc~ lh:: Above dcscrlptlon Is ~ B9.~1 'JS' West bawun Lbe 3.5~b= cap (eorn.r no:.ord
#10 105263 5) IllIItkiD.lllll~ nonbc~ comer ofSeeti(l1\ 30 and th~ 35" brus cap ('=r ~nl #89S!7 il) owlcing the
twtlL V."<>me~"fS~ctiQn30. both in Town.bip4 Ncnh. R.u."Ile 1 &..1,.Boill:M:e:ridiIln .
id. .
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EXHIBIT MAP
Po l't
WESTBOROUGH SQUARE
ZONE L~O
A E'ARm OF !AND ALL l1X:A'l'EJ) IN me NE1/4 OF se;rnON :J(}
UN., lUE., B},(~ ADA COUNTr. If)AifO
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EXHIBIT B
Westborough Square Subdivision
PP-05-020
Approved Preliminary Plat
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EXHIBIT C
Westborough Square Subdivision
CUP-05-027
Approved Site Plan
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EXHIBIT D
Westborough Square Subdivision
AZ-05~018
An.nexation and Zoning Comments
ANEXATION & ZONING FACTS AND COMMENTS
L 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 zonin2 ordinance aODroval. a Develooment
A2reement IDA) shall be entered into between the Citv of Meridian,
propertY owner (at the time of annexation ordinance adootion). and the
develoDer. The aDDlicant shall contact the City Attornev. BiU Narv. at 888..
4433 to initiate this Drocess. The DA shall incoroorate the followin2':
· That the aODlicant 32I'eeS to construct a lO~foot tall benn/fence or
berm/wall combination alon2 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 height (measured from the tOD of the berm). The slone of the
berm may not exceed a 3:1 ratio. The reauired sidewalk alonl! Chinden
Boulevard shall be constructed on the north side of the bermlbuffer.
EXHIBIT E
Westborough Square Subdivision
PP-05-020
Preliminal.Y Plat Site Specific and Standard Conditions
SITE SPECIFIC CONDITIONS (PRELIMINARY PLAT)
1. The preliminary plat prepared by The Land Group, Inc., labeled sheet PP -1, 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 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 ei-t:lteJ:; a 35-foot wide landscape buffer OR a 40 foet if:fe la:aasea.fle
lm4:IeF along Chinden Boulevard lincludinQ' the width of the sidewalk), fF.-.fue
side,:, aIle for Chiaaen BSblle T ani is 6sF.isffiletea ,) itain fa8 right af .\ a), 1:he lll.iffei
shall 6 e 15 feet. The :dath e f the lamIseape 6tlff-or shall be 10 fc et if the siae aIle
is eeasFruetea T,itl1ill tlie lanaseape Bl:l-ffer easement/let. 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 I tree within said buffer for every 35 feet of frontage on Jericho Road.
o 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 flffi !!!.!.y include impervious
surfaces such as parking areas, garaecs and/or patios.
o 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 to-foot tall berm/fence or a berm/wall combination alone
Chinden Boulevard. The heiflht of the berm/fence/wall shall be measured
from the centerline elevation of ChiDden Boulevard. The height of the wall or
fence mav not exceed 6-feet in heieht (measured from the too of the bei'm).
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 shan be on the north (street) side of the reouired
berm alon!! ChIDden 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
Clul1den 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 obtainedl 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
12~4-1O.
6. The applicant has not indicated who will own and operate the pressurized
irrigation system within this development Underground vear-round pressurized
irrigation must be provided to all lots within this development. The City of
Meridim requires that pressurized irrigation systems be supplied by a yearHround
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: dlive 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 tIns development. Thereby enabling engineering staff to
detennine how many lots of this may be developed until gravity sewer becomes
available. The applicant shall be l'esponsible 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 amotUlt 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 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-hlU1dred~watt, highMpressure 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.
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 fi:om their domestic service per City Ordinance Section 9-1-4 and
9-4~8. Wells may be used for nOll-domestic purposes such as landscape irrigation.
15. Compaction test results must be submitted to the Meridian Building Depar1ment
for all building pads receiving engineered backfill, where footing would sit atop
fill material.
16. Applicant's engineer will he 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 determined 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 AGENCYIDEPARTMENT COMl\fENTS & 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.
MERIDlAN FmE DEPARTMENT
1. Acceptance of the water supply for fire protection will be by the Meridian Fire
Department and water quality by the Meridian Water Depaliment 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 pennits.
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 IFe
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 proj ect, which serves more than 50 homes. The two
entrances should be separated by no less than 'l2 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 unlmown 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 depaltment requests that any future signalization installed as the result of
the development of tlus 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
1 I. Maintain a separation of5' 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 arolUld the perimeter ofllie 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 sprinkle!'
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-ofMway 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 rightMofMwaybecause 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 ofITD for State Highway 20M26 (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 pennit (or
other required permits), whichever occurs first. Contact District III Traffic
Engineer Dan Coonce at 334M8340.
5. Comply with all Standard Conditions of Approval.
STANDARD CONDITIONS OF APPROVAL
1. Any existing irrigation facilities shall be relocated outside of the right-ofMway.
2. All utility relocation costs associated with improving street fi'ontages 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. eontact
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 lU11ess
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 hnpact 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 confmnation of
any change from the Ada County Highway District.
11. Any change by the applicant in the planned use of the propelty which is the
subject ofthis 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. TWs proposal Cfln 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 grolli1dwater and surface water quality.
5. The Engineers and architects involved with the design of the subject project shall
obtain current best management practices for stolmwater disposal and design a
stonnwater 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.
IDAlIa 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 (henns, 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
CUPROS-027
CUP/PD Site Specific and Standard Conditions
SITE SPECIFIC CONDITIONS OF AFPROV AL (CUP/PDl
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-05-0 18) 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 ofthe 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
accord~nce 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 stmctme or land be established or change in use on
this site without fIrst obtaining a CertifIcate of Zoning Compliance (ClC) fl.-om
the Meridian Planning and Zoning Department (MCC 11-19-1).
9. All required improvements 1nust be complete prior to obtaining a Certificate of
Occupancy for the proposed development. A tempOl"ary 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 wiH not exceed 60 days to
complete the required improvements.
10. If construction 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 I 1- 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 pennit shall be cause for revocation of the conditional use
permit.
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
win 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 fue 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 maill 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 penuits.
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 !Fe
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 ~ the diagonal measurement of the
fun development.
6. Building setbacks shall be per the futernational Building Code for one and two
story construction.
7. Commercial and office occupancies will require a frre-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 unlmown impact on Meridian Fire Department call volumes. The Meridian
Fire Department has expedenced 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 011 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 Ill).
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. AIl R-2 occupancies with 6 or more units or with 3 floors shall be required to be fire
sprinldered. This may be required for the subject 4-plexes.
22. There shall be a fire hydrant within 100' of all fire department connections.
AnA 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 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 4D-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 3D-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 of ITD for State Highway 20-26 (CWnden 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 pemrit (or
other required penuits), whichever occurs first. Contact District III Traffic
Engineer Dan Coonce at 334-8340.
5. Comply with all Standard Conditions of Approval.
STANDARD CONDITIONS OF APPRO V AL
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 110t 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 COUllty Highway
District Policy Manual, ISPWC Standards and approved supplements,
Construction Services procedures and all applicable ACHD Ordinances unless
specificall y waived herein. An engineer registered in the S tate 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 tenus 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.
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-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 grol1ndwater 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. AU 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 aU 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
terms of the following standards and shall fmd 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 l7~acre school site. The City Council is suoDortive of this 1;)roposed R-4
zoninl! desiffilation as schools are orincinallv nennitted in the reouested 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 fmds that the City should zone this orouertv to R:-4 R-2 as the
R:-4 R-2 zone would more accuratelv corresDond 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 110t a collector roadway intersecting Chinden at the 'lS
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 12 mile
there is a public street on the north side of Chinden Boulevard in Spyglass
Subdivision. This public street is located at approximately the )6 mile. 'Vhen 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 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 Penuit 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 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 connnunity. It
indicates, in a general way, how the community may develop in the next
five to ten years." (Chapter I, Section B ofthe Comprehensive Plan)
Furthennore, in Chapter VII, Section C, "Future Conditions" states the following;
"Figure Vn~2 [The Comprehensive Land Use Map] depicts desired future
land use categories and their location within the Impact Area. TIle areas
depicted on the map are conceptual and, therefore, will require further
analysis prior to the creation ofa 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 ~
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 - famil y uses direct! y to their north.
The City Council believes that a sten un in zoninQ: density to R-15 for multi-
family uses on the east side of this prooertv is iustified. The City Council also
believes that non-residential uses (office) in an area olanned for residential uses
is aooropriate in this instance (as a use exceution for the development). To more
accurately correlate the use of the land to the zoninl! ofthe land the City Council
believes that the Citv should zone the office/western flortion of tills nrODertv to L-
f1 The Cityeouncil 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, ajoint agency/department comments meeting was held with
representatives of key service providers to this property. In that meeting no
dificiencies of public services to serve this property were raised.
$ "Considel:" "Accommodating Bicycle and Pedestrian Travel: A Recolllmended
ApproachH 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 walkvvay
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.H
(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 N, 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
conditionsfor 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
multi1"amily 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-family/ofJice area (approximately 2 acres) is
planned for landscaping. The applicant should provide useable open space in
accordance with Meridian City Code.
fiI "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,
\ll "Locate new community cOlmnercial 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 Boulevar~ 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.
lit "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 a/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 desifm of the DrolJosed vlat and conditional use varnit are in f!eneral
conformance with the Citv of Meridian Comvrehensive Plan.
B. Is the area included ~n. the zoning amendment intended to be rezoned ill tbe
future;
If the concurrent preliminary plat and conditional use penn1t 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 ill Westborough Subdivision are allowed in
both the requested R-8 zone and R-4 zone without a CUP. The l7-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 pennitted) 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.
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 110 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.
Pennanent sanitary sewer to this proposed development shall be provided via the
North Slough Trunk, which is cUll'entIy 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 will be
compatible with and is similar to the adjacent area.
E. Will the proposed uses be designed, constructed, operated and maintl1ined 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
harmonious 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 win be physically hazardous to future
or existing uses or neighbors in the area. The Council should rely on the analysis,
connnents from other agencies, and public testimony to determine 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 tlre 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
staffwas 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 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 staff level 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 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 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." (MCC 11-7 -2. G) The purpose of the R -15 zone is to permit 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 a11llexatioll al1d 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 sun-ounding 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 ATborist 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,?s listed above the Citv Council finds that the
annexation/zonin'Z of this vrolJertv as vroDosed would Iwt 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 DrODosed for R-8 zoning
that contain sinflle-familv homes on one-acre lots also be zoned to /?-4 R-2' and
that the 6.62 acres DroDosed for'R-15 zoninf? be zoned to zoned L-O for the
western portion containinf?" office uses and R-15 for the eastern Dortion
containinQ" multi-familv dwellin[!s. Consistent with the Comorehensive Plan and
the findinf!s listed above the Ciro Council believes that the above-listed zones are
approoriate for this proDertv and zonin'i! the DrODerties as amended would be in
the best interest of the City.
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 City Council finds that a development on this
property will not require the expenditure of capital improvement funds.
D. The public f'mancial 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 01'
environmental problems associated with this subdivision; no hazardous natural
features have been identified on the site. ACHD considers road safety issues in
their analysis.
EXHlBIT I
Westborough Squ~re Subdivision
CUP-05~027
CUPIPD 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 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;
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 "N'.
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 HE" and "F",
E. That the proposed use will be served adequately by essential public facilities
and services such as highways, street, police, and fue protection, drainage
structures, refuse disposal, water, sewer or that the person responsible for
the establishment of proposed conditional use shall be able to p:rovide
adequately any such sel'vices;
Please see Atmexation & Zoning Analysis "0" and "H", the Other
Agency/Depmiment 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, matedals,
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".
CITY OF MERIDIAN
MERIDIAN CITY COUNCIL AND
ADA COUNTY HIGHWAY DISTRICT COMMISSIONERS
SPECIAL JOINT MEETING I WORKSHOP
AGENDA
Monday, October 3, 2005
at Noon
ACHD Auditorium, 3775 Adams Street, Garden City, Idaho
Christine Donnell
--;;;z- Keith Bird
. ~ Mayor Tammy de Weerd
.J}lt~ fr-~; /j-in Ala-~ / ~hn &~
~ Carol McKee -y:: Rebecca Arnold
== Sherry Huber . / ~ David Bivens
~ President John Franden
Shaun Wardle
Charlie Rountree
Update on Downtown Meridian Transportation City of Meridian
Management Plan (DMTMP)
II. Update on Locust Grove Overpass ACHD
II L Status Report on CIP Update Process ACHD
IV. Review School to be Built - Discuss Planning C of M I ACHD
for Future Safe Routes to School
V. Status Report on Meridian's Transportation City of Meridian
Task Force
VI. Other (time permitting)
Meridian City Council Special Joint Meeting with ACHD Commissioners - October 3, 2005 Page 1 of 1
All materials presented at public meetings shall become the property of the City of Meridian and ACHD,
Anyone desiring accommodation for disabilities related to documents and I or hearings,
please contact the Administrative Office of ACHD at 387-6100 at least 48 hours prior to the public meeting.
c:Jvre;;dian
"\,
~
)
/>
MAYOR
Tammy de Weerd
CITY COUNCIL MEMBERS
Keith Bird
Christine Donnell
Charles M. Roun tree
Shaun Wardle
CITY DEPARTMENTS
Fire
540 E. Franklin Road
888-1234 / fax 895-0390
Parks & Recreation
11 W. Bower Street
888-3579 / fax 898-5501
Planning
660 E. Watertower Lane
Suite 202
884-5533 / fax 888-6844
Police
1401 E. Watertower Lane
888-6678 / 846-7366
Public Works
660 E. Watertower Lane
Suite 200
898-5500 / fax 898-9551
- Building
660 E. Watertower Lane
Suite 150
887-2211/ fax 887-1297
- Wastewater
3401 N. Ten Mile Road
888-2191/ fax 884-0744
- Water
2235 N.W. 8th Street
888-5242 / fax 884-1159
NOTICE OF SPECIAL JOINT WORKSHOP I MEETING
MERIDIAN CITY COUNCil
&
ADA COUNTY HIGHWAY DISTRICT COMMISSIONERS
NOTICE IS HEREBY GIVEN that the City Council of the City of
Meridian and the Commissioners of the Ada County Highway District will
hold a Special Joint Workshop at the Ada County Highway District's
Auditorium, 3775 Adams Street, Garden City, Idaho, on Monday,
October 3, 2005 at 12:00 noon. They will be discussing planning and
service issues and items concerning both agencies such as:
- Update on Downtown Transportation Management Plan
- Update on Locust Grove Overpass
- Status Report on CIP - Update Process
- Review Schools to be Built - Discuss Planning for Future Safe
Routes to School
- Status Report Meridian's Transportation Task Force
The public is welcome to attend.
Meridian City Council Special Joint Meeting with ACHD Commissioners - October 3, 2005
All materials presented at public meetings shall become the property of the City of Meridian
Anyone desiring accommodation for disabilities related to documents and / or hearings,
please contact the Administration of Ada County Highway District at 387-6100
at least 48 hours prior to the public meeting.
CITY HALL 33 EAST IDAHO A VENUE MERIDIAN, IDAHO 83642 (208) 888-4433
CITY CLERK - FAX 888-4218 CITY AITORNEY ! HR - FAX 884-8723 FINANCE & UTILITY BILLING - FAX 887-4813 MAYOR'S OFFICE _ FAX 884-8119
Printed on recycled paper
MERIDIAN CITY COUNCIL MEETING
APPLICANT
November 15, 2005
ITEM NO.
5~A
REQUEST Approve Minutes of October 3, 2005 City Council & ACHD Joint Workshop
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:
w,ryL/
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Materials presented at public meetings shall become property ofthe City of Meridian.
Meridian City Council & ACHD Comm. Joint Workshop
October 3.2005
The Meridian City Council and meeting was called to order at 12:00 P.M. on
Monday, October 3, 2005 by Mayor Tammy de Weerd.
Members Present: Mayor Tammy de Weerd, Keith Bird
ACHD Members Present: John Franden, David Bivens, Rebecca Arnold and
Carol McKee.
Staff Present: Bill Nary, Steve Siddoway and Will Berg.
Franden: Well, I would like to welcome Mayor De Weerd and Keith Bird from the
City of Meridian on behalf of the Highway District.
De Weerd: We apologize for being small in numbers.
Franden: But big in stature.
Bird: Mighty in voice.
Franden: Yeah. Okay. We got the two talkers. I think we all know each other.
Why don't we start off then with Item No.1, which is the update on the Downtown
Meridian Transportation Management Plan? Madame Mayor?
De Weerd: Well, as Steve is coming up I would like to take a moment and I
guess it could have been under other, but we have gotten so many other
comments on how our city streets are looking and I did want to pass it on to you.
They are looking better than they ever have. The seal coating, the sweeping and
all of that, I just really appreciate how the Highway District is really working with
the city and you are an integral part of what our city looks like and I just wanted
to express our thanks and let you know what I have been hearing and certainly
the credit is yours.
Franden: Well, it's really not ours. It belongs to Errol Morgan and all of his
people.
De Weerd: Well, I wanted to let you know that it is very much appreciated.
Speaker Unknown: I must say that I drove Meridian Road right after it got
chipped and I can't believe what a great job they did. They did a wonderful job.
Nothing was (inaudible) back at the cars and everybody was happy. A great job.
De Weerd: Oh yeah, and the population size. People have even noticed them.
Franden: What do they say? How many people?
Meridian City Council & ACHD Special Workshop Meeting
October 3, 2005
Page 2 of 14
De Weerd: The last projection of 56,108.
Franden: Wow. Unbelievable.
De Weerd: So, thank you for our (inaudible------------------).
Franden: Okay, Steve, presume you are -
Item 1.
Update on Downtown Meridian Transportation Management
Plan (DMTMP):
Siddoway: Well (inaudible) and I know we spoke about the downtown Meridian
transportation plan on Wednesday. I just wanted to have this on the agenda item
for discussion just to make sure that the ACHD Commissioners did receive a
copy of the resolution that was passed by the Meridian City Council - Resolution
No. 05-487. We passed it on the 23rd of August and then it was forwarded onto
ACHD with a cover letter from Mayor De Weerd asking that the ACHD
Commissioners consider an adoption of the plan as well. (Inaudible-------------)
corridor (inaudible---------) and I just wanted to touch base on that process and
see we were are at.
Franden: Any comments? Staff? I will just review our conversation as best I
can remember and (inaudible-------), but I heard no objections from any of our
Commissioners as we reviewed it. The biggest thing of course is timing and
where we are going to find the dollars and at what point and time. One of the
items that came up at the corner of Ustick and Linder is a possible tradeoff.
(I na ud ible d i scussion------------------ )
Franden: Right. Trading that project off right. Eagle did that a few years ago
and they wanted to purchase a right-of-way and they postponed doing Floating
Feather improvements at that time so that they could get this other project done
and so if the City of Meridian and if we are looking at where we could find dollars
sooner than later then that improvement of Linder would be one that we drop that
we could look at. The intersection at Ustick and Linder and (inaudible--) is
moving ahead and I believe right-of-way we purchased in that improvement.
(Inaudible--------- ).
De Weerd: Well, I guess I was aware of that procession and (inaudible) and that
actually the improvement from Franklin to Ustick, I believe, but we wanted two
intersections improve. The other intersection improvement would be at Linder
and Pine. It is just trying to get that traffic flowing. Those four-way stops
(inaudible----------) and especially during when high school is going into session
and when coming out of session.
[
Meridian City Council & ACHD Special Workshop Meeting
October 3, 2005
Page 3 of 14
Franden: So, it would appear to me that if we wanted to pursue thinking about a
trade of some kind that our staff along with Steve could put together something in
writing that would be something formally to really think about and to have it down
on paper and how much money are we talking about? What timeframes are we
thinking about and so on and so forth? If that sounds like something you would
like to at least consider exploring, we would be glad to spearhead that and I saw
Katie shaking her head in a positive way.
De Weerd: And we have on our agenda for tomorrow night the Transportation
Task Force priority list, which will start (inaudible) that. So, that could be an item
to discuss.
Franden: Okay. Any other comments at all?
Siddoway: I just have a question (inaudible------------------------------------------________
------------------------------ )
Franden: I don't know how to answer that.
( I n a ud i b Ie disc u ssi 0 n--------------------------- )
Franden: Is it on the agenda? Not yet. So maybe we should do that. Put it on
there so we could have a formal discussion about it and a formal acceptance.
Siddoway: (Inaudible -----------------) on proposals for (inaudible-------------).
Franden: Okay, well, great. It's good to see this really moving along and we got
the planning work done and we partnered on that and that is great. Okay,
anything on that issue further? No. Okay, thank you, Steve.
Item 2.
Update on Locust Grove Overpass
Levihn: I think I am up for that. The Locust Grove Overpass is moving right
along. We have got a couple more property to finalize acquisition on. (Inaudible-
-----------------------------------) and we are currently anticipating (inaudible--------------
-----------) ITD (inaudible--------------------------------) paperwork over to them, it just
gets into their system and it usually takes three to four months for them to get
through the whole contract process (inaudible------------------------------------) bid in
January or February (inaudible-------------------------------) for a portion of the project
and (inaudible--------------), which means the Highway District Commission
(inaudible----------------------------------------------------). They said they have never
not been available. That is where we are. We may have a big construction
project and (inaudible--------------------) should have one. We are also revising
(inaudible-----------------) you will be seeing this in the next two weeks with the
ACHD Commission. Typically, on federal aid projects, we do what is called a
Meridian City Council & ACHD Special Workshop Meeting
October 3, 2005
Page 4 of 14
(in a ud i b I e------------ ); eve ryth i ng (i n a ud i bl e------------------------------------------ )
engineering (inaudible) as an agent for ITD, but because both of his work and
then the (inaudible--------) everybody and within their right-of-way and are coming
to our Commission (inaudible------------------------------------) turn this over to
(inaudible ------------------------------------). But I know they are committed to it
(ina ud ib le---------------(.
Bird: So, we are looking at 08?
Levihn: Well, we are looking at starting construction in '06.
Bird: Yeah, but your talking about 18 months construction and you will have
weather delays and stuff like that. So, if we get it open in the spring of '08, we
probably are going to be lucky?
Levihn: Well, the schedule is more like aiming for the fall of '07, but-
De Weerd: I like that better.
(Speaker Unknown): (Inaudible-------------------).
Levihn: ITD has their winter shut down November 1 st to March 1 st, so you won't
see any construction before March 1 st and then depending on their workload
(inaudible---------------------------). Okay?
Bivens: (Inaudible-------------------------). I thought maybe they might (inaudible----
---- ).
(Inaudible discussion)
Levihn: I can't remember the detail about it.
( I na u d i bl e d i scu ss io n-------------------------------- ).
Franden: So, Katey, design is all done?
Levihn: Design is all done.
Franden: And it will be four lanes?
Levihn: Four lanes.
Franden: And the touchdown on the south side will be five lanes like that portion
that has already been constructed on the north side?
Meridian City Council & ACHD Special Workshop Meeting
October 3, 2005
Page 5 of 14
Levihn: Yes (inaudible------------------------) and then on the north side is five lanes
and there is a little bit of work realigning (inaudible-------------------) back in there
(inaudible-----------) intersection (inaudible------------------) and people can get out
(inaud ible-------------------).
Bird: Katey, did you say that all but two right-of-ways have been settled?
Levihn: Last I heard was four and five and now three, (inaudible---------------)
daily (inaudible------------) and now all but three. So, last week, Thursday, was
four or five and now three. So, we got something done there.
Franden: Well, part of the whole project, that portion of Locust Grove is north of
Franklin Road, when will the portion of that improvement start? Do you have any
idea? Anybody know?
Levihn: I am not sure.
Franden: So, it will be going into - that will be great. Well, I use that portion of
Locust Grove whenever I go into COMPASS anymore. It just looks super. That
is so nice. Really great.
De Weerd: Now, we need to get some vehicles on it.
Levihn: Yeah, it will be nice - (inaudible-----------------).
(Inaudible discussion)
Siddoway: (Inaudible-----------------------------------------) bike lanes and pedestrian
sid ewa I ks (i na ud ib le---------------------------------- ).
Levihn: Yeah, (inaudible---------------------------------) all but
(Inaudible discussion)
Levihn: (Inaudible------------). I don't know where we (inaudible--) but for any
other (inaudible--------------) and they do the GARVEE Bond and all the (inaudible-
----------------). They are looking at all the overpasses and make sure they all
have sidewalks and bike lanes (inaudible-----------------). So, I know they have
taken that to heart. I just don't know when they are going to get all that work
scheduled.
(Speaker unknown): That means on Locust Grove (inaudible--------------) we both
actually have that started about the first or second week of January.
Franden: Of this next year?
Meridian City Council & ACHD Special Workshop Meeting
October 3, 2005
Page 6 of 14
(Speaker unknown): Yes. Depends on how quick we can finish up the right-of-
way. If we can finish that up, we want to have that bid before Christmas.
De Weerd: Thank you.
Bird: Once you take over the overpass-
Franden: Locust Grove is a great secret to avoid Eagle Road, Locust Grove is
the best. The other part is how much we appreciate the city's contribution
financially to move that project ahead - Meridian and Garden City both have
pitched in and it has really helped a lot (inaud ible------------------------). So, thanks.
(Speaker Unknown): Thank you. I know you have been very diligent in
(inaudible) and keeping that on the schedule. That is a difficult task at times.
Franden: Okay, anything else on Locust Grove? No, okay. Next one we have is
the infamous CIP update. We are going to see a lot of Gary over the next
months, I think. Gary?
Item 3.
Status Report on CIP Update Process
Insellman: Madame Mayor, Councilman Bird - that's loud. We have started our
update to the Capital Improvements Plan. We executed contract with the
Transpo Group in August to begin that work. We are just now finalizing our first
task of recapping information from last time in evaluating the COMPASS
information and the model structure since this will be the first use of the peak
hour model for the Capital Improvements Plan. Everything is going well and on
target. This week they will begin work on the needs analysis, including finalizing
the list of intersections, the study with those and our traffic group over the next
few weeks and evaluation of high growth areas. Our staff is going to meet with
your staff next Tuesday. We have a meeting scheduled to go over some areas
of concern that they had and they forwarded the information to us, which we
shared with Transpo to try and address those concerns. We expect to have a
draft ready by March of '06, which for review and comment that gives us several
months to accept comment and finalize the Capital Improvements Plan; need to
adopt the plan by the end of July next summer so we can have the updated
impact fee ordinance in place by this time next year. A couple of changes I
guess from last time that we will recommend to be run by our Capital Investment
Citizens Advisory Committee earlier this year and they have made some
recommendations to our Commission, which we will bring forward with this
process. One of them is to use an inflation index for our cost estimates, so that
we are not waiting for the update to adjust for inflation with the impact fees. So,
that would be a change. Well, that is the biggest change. Sorry about that. If
there are any specific questions you might have about the process, I would be
happy to answer them.
Meridian City Council & ACHD Special Workshop Meeting
October 3, 2005
Page 7 of 14
De Weerd: Mr. Chairman.
Franden: Madame Mayor.
De Weerd: I guess I would have a question as we are looking at our
transportation priority list. We do know that certain projects have to be added on
there that are developer funded, so they can be impact fee eligible. But, we don't
want to use up our priority slot to put those projects on there, so how do we start
to go about doing that?
Insellman: I think I can guess one of the roads.
De Weerd: For example like Pine (inaudible------) road through Eagle.
Insellman: That is the road that I specifically asked our consultant to study
specifically with. The Locust Grove improvements timed as they are, that
connection would be key to relieving Eagle and allowing the traffic to get to those
Locust Grove improvements. So, that is going to happen. The need for the two
lanes is a given, I believe. We will verify that with the process and then we will
through the regular process with the model and that will evaluate the eligibility of
going from two to five lanes, but that is being done right now.
De Weerd: I guess I still - if we put it on our list, it doesn't matter where it is? I
(inaudible----) as you know and I think it has become even more transparent in
the Communities in Motion and Blue Prints for Good Growth project, (inaudible---
----) that it gets the red out campaign because most of the red was in our
community. It really finalized the need of our infrastructure because we are the
center of the Valley and we do accommodate everyone's traffic. We want to put
those high priorities where they make the most sense, while being sensitive to
the developer pay for a project - put on there as well to be impact fee eligible.
So, we are trying to stay on top (inaudible) to submit our list and balance those.
Insellman: I can address part of that. We are having Transpo take a more
detailed look at the prioritization of the projects and the Capital Improvements
Plan because the current plan, it wasn't specifically based on projected traffic
needs at a given timeframe. It was more of how to program the projects to work
financially and sequentially. We will do a more of a needs analysis this time as to
when the projects need to be built in relation to others in the plan so there will be
- it will be less likely that a road like that would be out in your 16 to 20, verses
the 5 to 10 timeframe, since it is so close to all the improvements on a missing
link. Then we will do that with all the other projects in the plan as well to try and
get a better handle on ranking them within the 20-year span; how that falls into
the five-year category is Katey's area.
Meridian City Council & ACHD Special Workshop Meeting
October 3, 2005
Page 8 of 14
Levihn: Yeah, thanks Gary. This is kind of a complicated topic. What you need
to realize is that the CIP is done on a very need space, model oriented,
calculated plan that slots things into five year sections. When you submit your
transportation list that does not have any impact on the CIP at all. It's what goes
into the five year work program and for the five year work program, it should
make sense that those projects that are in the beginning of the CIP are done first
and it has turned out that way because they have the greatest need and we have
seen practically 100 percent concurrence coming from the cities on what those
are. So, the CIP process is independent and when they talk about prioritizing
they are prioritizing it within the CIP, not within the five-year work program. The
CIP being a 20-year program, you know, we take projects from that to slot them
into the five-year program as it comes up. Does that help?
De Weerd: I think. As long as Steve understands.
Siddoway: I think here is how it boils down. The list that will be submitted from
the City Council to ACHD by the end of October will be used for the five-year
work program, but not for the CIP. So, we need to - the CIP process is
independent of that list that we are submitting. They try to make the CIP process
more of a technical analysis based largely on the COMPASS model and it was
with that knowledge that we recently in the last month looked in detail at the data
that that model is based on for Meridian and Brad Hawkins-Clark and I took a
detailed look at what was plugged into the T AZ - the Transportation Analysis
Zones for both households and employment in the various areas and we have
found some things that concerned us where in some instances the 20-30
projections were lower than what we have today and that is where we need to
make the corrections for the CIP process to work correctly and when Gary
mentioned that we have a meeting next week with Meridian staff and their staff it
is specifically to go over some of those issues. We emailed that to them a few
weeks ago and they do have that information now, but - so what we have is the
transportation priority list that City Council is working on will be fed directly into
the five-year work program and the model-based information that we are working
on will be fed into the Capital Improvements Plan.
Franden: Any questions. I would just like to make a comment on how fortunate
you are, I think, to have Steve.
(Speaker unknown): Either way it sounds like he understands the whole thing.
Franden: He is tops. If everybody had a person like that it would be very helpful.
Don't lose him. Okay, anything else on the CIP? Okay.
Item 4.
Review School to be Built - Discuss Planning for Future Safe
Routes to School
Meridian City Council & ACHD Special Workshop Meeting
October 3, 2005
Page 9 of 14
Franden: Oh, we have got both of us down for this one. Is anybody from our
staff planning on making a presentation at all? Gary is again? While Gary is
getting going, how important it is to us to be working with the city and the school
district and I know there is task force, I believe, or a committee that is put
together that is looking for the placement of the new schools for us to be involved
so we can do everything we can to get safe routes to the schools in place of new
schools and the existing schools as well.
De Weerd: But, we are glad to have our representative on that as well.
Franden: Yeah, we got caught last time, didn't we?
Siddoway: Thank you, Mr. President, looks like we are getting up a map. I did
get a map from the school district as part of our -- transportation task force
wanted to consider future schools in their recommended priorities and I've been
told that the new schools list has been distributed to the Commissioners. I did
call the school district and verified the upcoming schools that are part of the
recent bond election that passed. The first new school we will see is next year in
2006 called Prospect Elementary. It is on McMillan Road between Meridian and
Locust Grove in Copper Basin. I don't know if we have a pointer --? So let me
orient myself here - it looks like Ustick is at the bottom; McMillan and Chinden;
then let's see, Meridian Road is which one?
(Speaker unknown): Meridian is right in the middle.
Siddoway: Right here? Okay. So, the first elementary school then in 2006 will
be this one here. It doesn't sit right on McMillan, but the access is off of McMillan
and it sits in Copper Basin and in 2007, you will see the new middle school at the
intersection of Meridian Road and Ustick or McMillan, I'm sorry - Meridian Road
and McMillan. That same year in '07 will be the Paramount Elementary School,
which takes its access off of Linder Road between McMillan and Chinden right in
here. Now this area is large because it also has the future high school. That
high school is being called Rocky Mountain High School and is scheduled for
2008. So by 2008, we will see a couple of new elementary schools, a new
middle school and a new high school all within a mile and a half of each other in
that north Meridian area. I also asked them to identify their future plans because
they also plan to propose another bond in two years. I guess you could say this
is speculation, but nonetheless it's planning at this point. They do plan to look at
the next elementary school in perhaps 2009 in Cedar Springs along Ustick. Also
one Silverleaf-
(Speaker unknown): They purchased that property.
Siddoway: Right. This one right here? And that is probably also in 2009 and the
next middle school, probably in 2009 we'll also be down in south Meridian, not on
(
Meridian City Council & ACHD Special Workshop Meeting
October 3, 2005
Page 10 of 14
this map, but near Amity and Eagle as a new middle school in '09. But, for the
next three years this will be a real hot bed of school activity right here with two
new elementary schools, a new middle school and a new high school. Okay.
Insellman: I would add that - there is the elementary school that opened this
year and then the middle school that we have had so many conversations about
is right down there. Questions?
(Speaker unknown): Gary, I have got two questions. One is of these new
schools that you pointed out, how many of them have good sidewalks, bike paths
that run from those schools into the neighborhoods of where those young people
will be coming from? Then my second question is - Katey might have to answer
it is if we have had any further word on the federal safe grounds for schools
program?
Insellman: I will let Katey take the second part of that. This map includes
existing sidewalks as of a few months ago, I believe and show proposed
subdivisions. Today, very few of those schools would have many sidewalks at
least out on the arterial to get to them. By the time they are built, you know, with
the middle school there is subdivisions approved from the church down to the
middle school and Paramount Subdivision has the other side of the roads, so
eventually there would be sidewalks all up and down Meridian from McMillan to
Chinden. Unfortunately on the south side of McMillan both of those corners are
undeveloped and I don't believe have development applications pending. They
are owned by developers, but they seem to be waiting, so the sidewalks end
about there. Along McMillan, again, they are doing a pathway on the north side
of the canal along Saguaro Canyon and along the middle school property, but the
south side, again, there is a lot of existing homes along here so the only sidewalk
would be in Copper Basin along Linder with the high school and elementary we
have sidewalks where it has developed - there is development, I believe,
proposed for that whole mile, so eventually we would have all of the sidewalks,
but we have a few gaps between McMillan and Ustick and then obviously at the
intersection of Ustick and then Linder. (Inaudible) corners are privately held, so
that will have to come with our project that is under design.
De Weerd: Mr. Chair.
Franden: Mayor.
De Weerd: You know I guess the whole goal would be at least one sidewalk on
one side of the road and how we can direct the kids as safely as possible to that
sidewalk. That is where the crossing guard is coming and the school district
providing those. So, in our - what we can do is work with the development and
try and make sure that the phase includes those improvements in that regard and
knowing where the schools are placed, would be the first part of that. Council
MeridIan City Council & ACHD Special Workshop Meeting
October 3, 2005
Page 11 of14
can certainly ask that the landscape setbacks and the sidewalks need to be
placed in the first phase so we can get that connectivity and maybe we can ask
our staff to start looking at how those are phased and see how we can help
influence the development of those prior to.
Siddoway: Yes, I just wanted to add the school district and the developer of
Paramount, which includes most of the square mile, but goes down to this corner
- they have expressed interest in doing a partnership with ACHD to construct
road improvements along Meridian Road and this intersection specifically ahead
of schedule. Unfortunately, this is an example of a project that doesn't show up
in the current CIP. It is not currently eligible for such a partnership and
reimbursement through impact fees in the future. If these road projects do show
up in the upcoming CIP, it's likely we can get a partnership with the school district
and the developer from Paramount to provide some of those road and
intersection improvements ahead of schedule to try and get ready for that middle
school.
Franden: Katey, the second part is anything new on the safe routes to school
program?
Levihn: You can see here I have got a very nice booklet that FHWA put together
on what all of the safety lieu funding programs come to and under safe routes to
school you know it says in 2005, 54 million, 2006 100 million nationwide, with no
state to receive less than a million. ITD at our last inter model working group
anticipates that we will be getting about 4 million statewide, but does not know
yet if that is the final number. Eligible use of the funds, I will give you just a little
bit of this. Obviously, for infrastructure related projects, including planning,
design and construction, including sidewalk improvements, traffic calming, speed
reduction, pedestrian and bicycle crossing improvements on street bike facilities,
off street bike and ped facilities, secure bike parking and traffic diversion
improvements in the vicinity of schools within approximately two miles. A couple
other interesting things, one is that each state receiving program funds has to
use a portion of those funds to fund a full time position coordinator, essentially to
administer this and look at what the needs are around the state. Also, you have
to set aside not less than 10 and not more than 30 percent of the funds for non-
infrastructural related activities, such as public information awareness
campaigns, enforcement, so it goes outreach to the press and community
leaders, traffic education and enforcement in the vicinity of schools, student
sessions on bike and ped safety, health environment training and that kind of
thing. So, ITD has had a task force in place for about the last year that looked at
supporting this and the broad parameters are now going to set up subsidiary new
task force for looking at the implementation and that is all in progress right now.
Other than that, I don't have any details. Okay.
Meridian City Council & ACHD Special Workshop Meeting
October 3, 2005
Page 12 of 14
Franden: Questions? The only question that I have is are there any mention in
there of match?
Levihn: Federal share is 100 percent.
Franden: Really, okay.
Levihn: But, we will have to see how if the 4 million that they believe is coming to
Idaho is actually the final formula and then that 4 million statewide, so I don't
know how the IT Board is going partition it around the state.
Franden: Seems like we might really be in a good place because everyone will
have a pedestrian, bike transition plan down here and report in December?
Levihn: Yes.
Franden: So, we will know where our deficiencies are and the other thing that we
have been talking about is in our - we have $2.3 million right now that we put into
the community programs throughout the county and we have been having
conversations about putting, taking more of that money and putting it into
pedestrian programs. (Inaudible------------).
Levihn: That is right and in fact during our work session with the Commission,
you know we presented a kind of a five year transition plan where there was
roughly - the whole community program is a little over $2.5 million with most of
the bulk of it currently in what is called curb, gutter, sidewalk programs and
$300,000 set aside for safe routes to school and we are going to be transitioning
that over the next five years to switch those pots of money, you know more and
more going into the safe routes to help out with that based on the ped, bike
transition plan and where the needs are identified.
Franden: Anything else? Okay. Thanks Katey.
Item 5.
Status Report on Meridian's Transportation Task Force
Siddoway: Well, it's premature to talk about the list, but I can tell you that the
transportation task force did - well, they have been meeting monthly since March
this year, actually and last month they did unanimously recommend a proposed
priority list to City Council. The City Council has not yet discussed that list. It is
on their agenda for tomorrow night. I just wanted to let the Commission know
that we are on track to have a City Council adopted list to you before the end of
October, which was the request that was made at the last joint meeting. So, I
wanted to follow up on that. The Transportation Task Force continues to stay
engaged now that they have recommended adoption of that list, I thought that
they might like to take a month or two off, but that is not to be. They actually
(
Meridian City Council & ACHD Special Workshop Meeting
October 3, 2005
Page 1 3 of 14
want to as they meet in October next week, they are going to be following an
update on the Communities in Motion and Blue Print for Good Growth Processes
and then for November they have actually requested Gary Insellman to come
and to present an update on the CI P process. They have been working on the
five-year work program process and they would like to track the CIP process and
get an update if there is a draft five-year work program at that point. So,
November they would like to have the presentation to the CIP and move forward.
So, we will be discussing the proposed priority list of the Task Force at City
Council tomorrow night. We will work to have the final list to you before the end
of the month.
Franden: Questions or comments? Thanks Steve. Anything else?
De Weerd: Mr. Chairman.
Franden: Madame Mayor.
De Weerd: I guess I just have a question as to the traffic light that was to be
installed at Hickory and Fairview and find out - someone might be able to tell me
what the timeline is on that?
Franden: I know the one thing I read on it is that it turned out to be a little more
expensive than we had anticipated. (Inaudible ----------)?
(Speaker unknown): The bid was about 13 percent overbid last Wednesday the
Commission went ahead and approved that bid and I believe construction is
supposed to start either this week or next and then it will last about a month after
that.
(Inaudible discussion).
Bird: You are going to see - like downtown the split corridor? You guys
estimated it at 15 to 16. I bet it's 22 to 24 million by the time - for the simple fact
that when you start buying property, property is going up a dollar per square foot
by the week. You got a lot of right of way to buy? (Inaudible----------------).
Basically, the same thing with our new City Hall. The longer it takes the more the
property is going to cost.
Meridian City Council & ACHD Special Workshop Meeting
October 3, 2005
Page 14 of 14
Franden: Contractors and builders are all really busy. If you are not (inaudible --
--------). Okay, anything else? No. Thank you.
Item 6.
Other (time permitting)
MEETING ADJOURNED AT 12:53 P.M.
(TAPE ON FILE OF THESE PROCEEDINGS)
1/ ; 15 ;tJ5
DATE APPROVED
CITY OF MERIDIAN
MERIDIAN CITY COUNCIL AND
ADA COUNTY HIGHWAY DISTRICT COMMISSIONERS
SPECIAL JOINT MEETING I WORKSHOP
AGENDA
Monday, October 3, 2005
at Noon
ACHD Auditorium, 3775 Adams Street, Garden City, Idaho
Shaun Wardle
Charlie Rountree
Christine Donnell
_ Keith Bird
_ Mayor Tammy de Weerd
_ Carol McKee
_ Sherry Huber
Rebecca Arnold
_ David Bivens
President John Franden
Update on Downtown Meridian Transportation City of Meridian
Management Plan (DMTMP)
II. Update on Locust Grove Overpass ACHD
III. Status Report on CIP Update Process ACHD
IV. Review School to be Built - Discuss Planning C of M / ACHD
for Future Safe Routes to School
V. Status Report on Meridian's Transportation City of Meridian
Task Force
VI. Other (time permitting)
Meridian City Council Special Joint Meeting with ACHD Commissioners - October 3, 2005 Page 1 of 1
All materials presented at public meetings shall become the property of the City of Meridian and ACHD,
Anyone desiring accommodation for disabilities related to documents and / or hearings,
please contact the Administrative Office of ACHD at 387-6100 at least 48 hours prior to the public meeting,
Will Berg
From:
Sent:
To:
Subject:
Attachments:
Tara Green
Deputy City Clerk
City of Meridian
208-888-4433
~
2005 agenda jt
ACHD 1Q-03-05.d...
Tara Green
Friday, September 30, 20054:17 PM
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Overton (overtonj@meridiancity.org); Josh Wilson (wilsonj@meridiancity.org); Karie
Glenn (glennk@meridiancity.org); Kathleen Kreller (kkreller@idahostatesman.com);
Keith Borup (keithborup@cableone.net); Kenny Bowers (bowersk@meridiancity.org);
Kristy Vigil (vigilk@meridiancity.org); Landen Exley (landenx13@yahoo.com); Michelle
Albertson; Mike Ford (mikeford@yankemachine.com); Nina Barton
(NBarton@achd.ada.id.us); Patricia Nilsson (pnilsson@compassidaho.org); Peggy
Gardner (gardnerp@meridiancity.org); Peter Oliver (poliver@brightoncorp.com); Rick
Clinton (ctintonr@meridiancity.org); Rick McGraw (rickmcgraw@qwest.net); Rob
Sower (rob@spraguesolutions.com); Ron Anderson (andersor@meridiancity.org);
Shari Gallivan (sgallivan@sbc-attorneys.com); Shari Stiles (es-sharis@qwest.net);
Shaun Wardle (shaunwardle@yahoo.com); Sheline BeJJ (sheline_bell@mcgraw-
hill.com); smiths@meridiancity.org; Stacy Kilchenmann (kilchens@meridiancity.org);
Steve Arnold (ArnoldSteven@stanleygroup.com); Steve Harding
(steve@hardingandcompany.com); Steve Siddoway (siddowas@meridiancity.org);
Susan Slaughter (sslaughter@achd.ada.id.us); Tammy de Weerd
(deweerdt@meridiancity.org); Ted Baird; Terry Smith (smithpark@aol.com); Vickie
Woods (vwoods@baileyengineers.com); Will Berg (bergw@meridiancity.org)
October 3, 2005 Jt. Meeting
2005 agenda jt ACHD 10-03-05.doc
** TX CONF I RMATl ON REPORT **
AS OF SEP 30 '05 17:00 PAGE.01
CITY OF MERIDIAN
DATE Tl ME TO/FROM
01 09/30 16: 55 2088885052
02 09/30 16:56 IDAHO ATHLETIC C
03 09/30 16: 58 I D PRESS TRIBUNE
04 09/30 16:59 2088886701
MODE M 1 N/SEC PGS
EC--S 00'41" 002
EC--S 00' 42" 002
EC--S 00' 41" 002
EC--S 00'40" 002
CMDl:t STATUS
040 OK
040 OK
040 OK
040 OK
.........-....-----.....-----------....---------....-........----....-------.....-.........------........-....---------.........------------.....-....-----
cM;;;;dl::n -" ,
~''''HO~
~r,.j'f~. "'I
r~~....kr.VNJ~ ~~~'C
U.D:li
MAYOR
Tummy d~ Weerd
CITY emmCll. MliMIlt:RS
Keith Bird
Chri:;tine DO!U1ell
Charles M, RountT~
Shaul1 Wardle
OTY DEl'ARTM~NTS
rire
540 E. Franklin Road
81l1l-1234 / (ox 895-0390
I'MkS &. I~e,reation
1] W. Bower Sll'e,~l
888-3579 / fax 898-5501
Planning
66010". WMertower Lane
Suite 202
8!lot.5533 / fax 88H.61>44
Police
HOl E. Watertower Lane
8S8-667H / 1>46.7.%6
Public Works
660 E. Watcrlowcr Lane
Suite 200
891l-S,SUO / (ax 898-9551
- Building
660 E. Wa\cr!ower Lane
Suite ]50
H87.2211 ! (ax 887-1297
- \,V<lstcw;)tcr
3401 N. Ten Mile Road
H81l-2191 / fax 884.0744
- Willer
2235 N.W. 8th Streel
888-5242 / fax 684-1159
NOTICE OF SPECIAL JOINT WORKSHOP I MEETING
MERIDIAN CITY COUNCIL
&
ADA COUNTY HIGHWAY DISTRICT COMMISSIONERS
NOTICE IS HEREBY GIVEN that the City Council of the City of
Meridian and the Commissioners of the Ada County Highway District will
hold a Special Joint Workshop at the Ada County Highway District's
Auditorium, 3775 Adams Street, Garden City, Idaho, on Monday,
October 3,2005 at 12:00 noon. They will be discussing planning and
service issues and items concerning both agencies such as:
- Update on Downtown Transportation Management Plan
- Update on Locust Grove Overpass
... Status Report on CIP - Update Process
- Review Schools to be Built - Discuss Planning for Future Safe
Routes to School
- Status Report Meridian's Transportation Task Force
The public is welcome to attend.
DATED this 29th day of September, 20 5.
Meridian City Counr::il Sper::ial Joint Meeting with ACHD Commissioners - October 3, 2005
All materials pmsented at publir; meetings shell bf,loome the property of the Cl1y of Men'dian.
Anyone desiring a=mmodation for disabilitie$ related to documents end / or hfJBnngs.
plesse contact Ihe Administration of Ada County HIghwey Disln'et at 3B7-61 00
at least 48 hours prior to the publir; mooting,
CITY HAl.{. 33 EAST IDAHO AVENUE MERIDIAN, IDAHO 83642 (208) 888-4433
cm CLERK - FAX BBH2JS em ATTORNEY I HR - FAX .'-Sd..Rm l'lNANCF. ~ UlTl.TTY lllU.lNG _ FAX SS'.....lJ MAYOR'S OHICE _ MX $4-81 i g
l'rint<d "" <<,<y<l.d P'p",
CITY OF MERIDIAN
MERIDIAN CITY COUNCIL AND
ADA COUNTY HIGHWAY DISTRICT COMMISSIONERS
SPECIAL JOINT MEETING I WORKSHOP
AGENDA
Monday, October 3, 2005
at Noon
ACHD Auditorium, 3775 Adams Street, Garden City, Idaho
Shaun Wardle
Charlie Rountree
Christine Donnell
_ Keith Bird
. _ Mayor Tammy de Weerd
_ Carol McKee
_ Sherry Huber
Rebecca Arnold
DaVId Bivens
President John Franden
Update on Downtown Meridian Transportation City of Meridian
Management Plan (DMTMP)
II. Update on Locust Grove Overpass ACHD
III. Status Report on CIP Update Process ACHD
IV. Review School to be Built - Discuss Planning C of M I ACHD
for Future Safe Routes to School
V. Status Report on Meridian's Transportation City of Meridian
Task Force
VI. Other (time permItting)
Meridian City Council Special Joint Meeting with ACHD Commissioners - October 3, 2005 Page 1 of 1
All materials presented at public meetings shall become the property of the City of Meridian and ACHD.
Anyone desiring accommodation for disabilities related to documents and / or hearings,
please contact the Administrative Office of ACHD at 387-6100 at least 48 hours prior to the public meeting.
oW'c;;dian / '\
~' IDAH:d
~'Q'\r,,~, " "
&, ? l<",'SlI"" Y ^'~;, """
, 1!03
MAYOR
Tammy de Weerd
CrTY COUNCIL MEMBERS
Keith Bird
Christine Donnell
Charles M, Rountree
ShaUll Wardle
CrTY DEPARTMENTS
Fire
540 E. Franklin Road
888-1234 / fax 895-0390
Parks & Recreation
11 W. Bower Street
888-3579 / fax 898-5501
Planning
660 E. Watertower Lane
Suite 202
884-5533 / fax 888-6844
Police
1401 E. Watertower Lane
888-6678 / 846-7366
Public Works_
660 E. Watertower Lane
Suite 200
898-5500 / fax 898-9551
- Building
660 E. Watertower Lane
Suite 150
887-2211 / fax 887-1297
- Wastewater
3401 N, Ten Mile Road
888-2191/ fax 884-0744
- Water
2235 N. W. 8th Street
888-5242 / fax 884-1159
NOTICE OF SPECIAL JOINT WORKSHOP I MEETING
MERIDIAN CITY COUNCIL
&
ADA COUNTY HIGHWAY DISTRICT COMMISSIONERS
NOTICE IS HEREBY GIVEN that the City Council of the City of
Meridian and the Commissioners of the Ada County Highway District will
hold a Special Joint Workshop at the Ada County Highway District's
Auditorium, 3775 Adams Street, Garden City, Idaho, on Monday,
October 3, 2005 at 12:00 noon. They will be discussing planning and
service issues and items concerning both agencies such as:
- Update on Downtown Transportation Management Plan
- Update on Locust Grove Overpass
- Status Report on CIP - Update Process
- Review Schools to be Built - Discuss Planning for Future Safe
Routes to School
'"" Status Report Meridian's Transportation Task Force
The public is welcome to attend.
Meridian City Council Special Joint Meeting with ACHD Commissioners - October 3, 2005
All materials presented at public meetings shall become the property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and / or hearings,
please contact the Administration of Ada County Highway District at 387-6100
at least 48 hours prior to the public meeting.
CITY HALL 33 EAST IDAHO AVENUE MERIDIAN, IDAHO 83642 (208) 888-4433
ClTY CLERK - FAX 888-4218 CITY ATTORNEY / HR- FAX 884-8723 FINANCE & UTILITY BILLING - FAX 887-4813 MAYOR'S OFFICE - FAX 884-8119
Printed on recycled paper
NOTICE OF SPECIAL JOINT WORKSHOP I MEETING
MERIDIAN CITY COUNCIL
&
ADA COUNTY HIGHWAY DISTRICT COMMISSIONERS
NOTICE IS HEREBY GIVEN that the City Council of the City of
Meridian and the Commissioners of the Ada County Highway District will
hold a Special Joint Workshop at the Ada County Highway District's
Auditorium, 3775 Adams Street, Garden City, Idaho, on Monday,
October 3,2005 at 12:00 noon. They will be discussing planning and
service issues and items concerning both agencies such as:
- Update on Downtown Transportation Management Plan
- Update on Locust Grove Overpass
- Status Report on CIP - Update Process
- Review Schools to be Built - Discuss Planning for Future Safe
Routes to School
- Status Report Meridian's Transportation Task Force
The public is welcome to attend.
DATED this 29th day of September, 2005.
WILLIAM G. BERG, JR. - CITY CLERK
Meridian City Council Special Joint Meeting with ACHD Commissioners - October 3, 2005
All materials presented at public meetings shall become the property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and / or hearings,
please contact the Administration of Ada County Highway District at 387-6100
at least 48 hours prior to the pUblic meeting.
CITY OF MERIDIAN
MERIDIAN CITY COUNCIL AND
ADA COUNTY HIGHWAY DISTRICT COMMISSIONERS
SPECIAL JOINT MEETING I WORKSHOP
AGENDA
Monday, October 3, 2005
at Noon
ACHD Auditorium, 3775 Adams Street, Garden City, Idaho
Shaun Wardle
Charlie Rountree
Christine Donnell
_ Keith Bird
_ Mayor Tammy de Weerd
_ Carol McKee
_ Sherry Huber
Rebecca Arnold
_ David Bivens
President John Franden
Update on Downtown Meridian Transportation City of Meridian
Management Plan (DMTMP)
II. Update on Locust Grove Overpass ACHD
III. Status Report on CIP Update Process ACHD
IV. Review School to be Built - Discuss Planning C of M / ACHD
for Future Safe Routes to School
V. Status Report on Meridian's Transportation City of Meridian
Task Force
VI. Other (time permitting)
Meridian City Council Special Joint Meeting with ACHD Commissioners - October 3, 2005 Page 1 of 1
All materials presented at public meetings shall become the propet1y ofthe City of Meridian and ACHD,
Anyone desiring accommodation for disabilities related to documents and / or hearings,
please contact the Administrative Office of ACHD at 387-6100 at least 48 hours prior to the public meeting.
(
** TX CONt' lI~MAT r ON REPORT **
DRTE TfME TO/FROM
19 09/30 15:35 3810150
20 09/30 15: 35 PUBLIC WORKS
21 09/30 15: J8 8841159
22 e9/30 16'39 2088840744
23 09/30 15:40 POLICE DEPT
24 09/30 15: 41 8985501
25 09/30 16:42 LIBRARY
26 09/30 16:44 92003776449
27 09/30 16'45 3886924
28 09/30 15: 46 P-AND-Z
29 09/30 15: 48 FIRE DEPT
30 09/30 16: 50 128300040
31 139/313 16'52 208 387 6393
32 09/30 16: 53 ADA CTY DEVELMT
CITY OF MERIDIAN
MODE MIN/SEC PGS
EC--S 01'06" 002
EC--S 00' 42" 002
EC--S 013'42" 002
EC--S 00'42" 002
EC--S 00'42" 13132
EC--S 130'41" 002
EC--S 130'52" 002
EC--S 00'41" 0132
EC--S 1313'41" 002
EC--S 00' 42" 002
EC--S 130' 42" 13132
G3--5 00' 51" 002
EC--S 130'41" 1302
EC--S 00' 40" 13132
CMDII STATUS
040 OK
040 OK
0413 OK
040 OK
040 OK
040 OK
1340 OK
040 OK
040 OK
040 OK
040 OK
040 OK
040 OK
040 OK
---..............---------...-.........-------........-------....-----------------..........---------............------............------.....-----
~;;;II;;~ cr .,~)
~===~~(
MI\"'Ol{ NOTICE OF SPECIAL JOINT WORKSHOP I MEETING
Tammy <l~ W~~rd
CITY CmINc:n. MF.MHcP..S
Keith Bird
Chri~tin~ DOlUlell
ChJrlos M. Rountr~e
Shaun Wardle
OT'( DEl'AR1MliNTS
rjr(:
540 E. Franklin Roa d
aaH.l2.~ i (ox 895-03~()
I'Mks &: t<ecreation
11 W. llnwcr S[l"~'"
855.3579 1 fax 898-5501
~~~n~i~,tcrtnwcr Lane
Suite 202
884.5533 I fax 888.61144
PoJjcc
HOl E. Wa t~l'towel' ~ne
888-667111 846.7366
Pu blic Works
660 E. WatcrLower Lane
Suit~ 200
8%-5500 1 fax 898.9551
R Build ing
660 E. Wal~rtnw~r L~nc
Suite 150
887.2211 1 fax 867-1297
. ,^'J-:,=;tcW;)tcr
3401 N. Tell Mile Road
888.2191 1 fax 884-0744
.... Wf't.f:'T
2235 N.W. 8th Street
888.5242 / fax 834-t l59
MERIDIAN CITY COUNCIL
&
ADA COUNTY HIGHWAY DISTRICT COMMISSIONERS
NOTICE IS HEREBY GIVEN that the City Council of the City of
Meridian and the Commissioners of the Ada County Highway District will
hold a Special Joint Workshop at the Ada County Highway District's
Auditorium, 3775 Adams Street, Garden City, Idaho, on Monday.
October 3,2005 at 12:00 noon. They will be discussing planning and
service issues and items concerning both agencies such as:
- Update on Downtown Transportation Management Plan
- Update on Locust Grove Overpass
- Status Report on CIP - Update Process
- Review Schools to be Built - Discuss Planning for Future Safe
Routes to Schoof
- Status Report Meridian's Transportation Task Force
The public is welcome to attend.
DATED this 29th day of September, 20 5.
Meridian City Council SpeQIJI Joint Meeting with ACHD Commissioners _ Octobor 3, 2005
All melorials presented at public meoCings SII811 bflcomo tho proporly oflhe Cily of MMdian.
Anyono dO$iting /lccommoriu/ion fordi$abiJi/ios (fIletor! to documents end/Dr h8enngs,
pleaso conlact Ih9 AdmJnistration of Ado County Highway Dismal at 387-6100
at least 48 hours prior 10 tM public: m89ung,
ern' H AU 33 EASr IDAHO AVENUE MERIDIAN, IDAHO 83642 (208) 888-4433
CllY CLERK - fAX ~SS-l21S CI1Y ATTORNEY I HR - FAX "~72J l'lNANCF I< UTlf,lTY ~1T.l.lNG _ F-'X SS7..Rl3 MA,VOR'S OfFICE _ FhX (\64-S11 0
Printed on T't(f('fqd pi1p<!1:'
~;;didn .'\,
~_. IDAI-IO /; it:
~?
PRE-COUNCIL MEETING
AGENDA
Tuesday, October 4, 2005, at 6:00 p.m.
City Council Chambers
33 East Idaho Avenue, Meridian, Idaho
1. Roll-call Attendance:
~___ Shaun Wardle
=x= Charlie Rountree
~ Christine Donnell
~ Keith Bird
--.L Mayor Tammy de Weerd
2. Adoption of the Agenda: ~~
"Although the City of Meridian no longer requires sworn testimony, all
presentations before the Mayor and City Councif are expected to be truthful and
honest to best of the ability of the presenter. "
3. Presentation on Construction of New Cell at Hidden Hollow by Ada
County Landfill: bf(j teet f(ufd"ti-J"n-...
(10 minutes*)
4. Presentation on Waste Disposal Facility in Elmore County by Idaho
Waste Systems: /r;!J Er/c welT,)
(10 minutes*)
5. Presentation of Meridian's Transportation Task Force Priority List
and Recommendations: IT^- tA.t. ocr.. 1873:- hvf;
(10 minutes*)
* Approximate allowable time set for agenda item may change depending
on the discussion. Please us the designated minutes as a guideline
only.
Meridian City Council Pre-Council Meeting Agenda - October 11, 2005 Page 1 of 1
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearing,
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
oW;;;-;dza:n 1,
'~T,.~,:,:~4!
PRE-COUNCIL MEETING
AGENDA
Tuesday, October 4, 2005, at 6:00 p.m.
City Council Chambers
33 East Idaho Avenue, Meridian, Idaho
1. Roll-call Attendance:
Shaun Wardle
Charlie Rountree
Christine Donnell
Keith Bird
_ Mayor Tammy de Weerd
2. Adoption of the Agenda:
"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. 11
3. Presentation on Construction of New Cell at Hidden Hollow by Ada
County Landfill:
(10 minutes"')
4. Presentation on Waste Disposal Facility in Elmore County by Idaho
Waste Systems:
(10 minutes"')
5. Presentation of Meridian's Transportation Task Force Priority List
and Recommendations:
(10 minutes"')
'" Approximate allowable time set for agenda item may change depending
on the discussion. Please us the designated minutes as a guideline
only.
Meridian City Council Pre-Council Meeting Agenda - October 11, 2005 Page 1 of 1
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearing,
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
MAYOR
Tammy de Weerd
CITY COUNCIL MEMBERS
Keith Bird
Christine Donnell
Charles M. Rountree
ShaUll Wardle
CITY DEPARTMENTS
Fire
540 E. Franklin Road
888-1234 / fax 895-0390
Parks & Recreation
11 W. Bower Street
888-3579 / fax 898-5501
Planning
660 E. Watertower Lane
Suite 202
884-5533 / fax 888-6844
Police
1401 E. Watertower Lane
888-6678/846-7366
Public Works
660 E. Watertower Lane
Suite 200
898-5500/ fax 898-9551
- Building
660 E. Watertower Lane
Suite 150
887-2211 / fax 887-1297
- Wastewater
3401 N. Ten Mile Road
888-2191 / fax 884-0744
- Water
2235 N.W. 8th Street
888-5242 / fax 884-1159
NOTICE OF PRE-COUNCIL MEETING
MERIDIAN CITY COUNCIL
NOTICE IS HEREBY GIVEN that the City Council of the City of
Meridian will hold a Pre-Council Meeting at City Council Chambers,
Meridian City Hall, 33 East Idaho Avenue, Meridian, Idaho, on Tuesday,
October 4,2005 at 6:00 P.M. The Meridian City Council will be
discussing the following agenda items:
Presentation on Construction of New Cell at Hidden Hollow by
Ada County Landfill:
Presentation on Waste Disposal Facility in Elmore County by
Idaho Waste Systems:
Presentation of Meridian's Transportation Task Force Priority
List and Recommendations:
The public is welcome to attend the meeting.
DATED this 30th day of September, 2005.
JI~4~(~ '
WILLIAM G. BERG, R. - CITY CLERK
Meridian City Pre-Council Meeting Agenda - October 4, 2005 Page 1 of 1
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearings,
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
CITY HALL 33 EAST IDAHO AVENUE MERIDIAN, IDAHO 83642 (208) 888-4433
CITY CLERK ~ FAX 888-4218 CITY ATTORNEY / HR - FAX 884-8723 FINANCE & UTILITY BILLING - FAX 887-4813 MAYOR'S OFFICE - FAX 884-8119
Printed on recycled paper
September 30, 2005
MER!DIAN CITY COUNCIL MEET!NG
October 4,2005
APPLICANT
ITEM NO.
3
REQUEST Presentation on Construction of New Cell at Hidden Hollow by Ada County Landfill
AGENCY COMMENTS
CITY CLERK:
CITY ENGINEER:
CiTY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CiTY BUILDiNG DEPT:
CITY WATER DEPT:
fd #wk~~
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:
Emai!ed:
Date:
Staff Initials:
Phone:
Materials presented at pobiic meetings shall become property of lile City of Meridian.
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Page 1 ot 1
Will Berg
From: Ted Hutchinson [thutchinson@adaweb.net]
Sent: Tuesday, October 04, 2005 3:17 PM
To: Will Berg
Subject: Tonight's Pre-Council Meeting
Attachments: Meridian North Ravine.ppt
Will:
Would you load the attached PowerPoint presentation for tonight's meeting?
If you have any questions, please let me know.
Also, I will be bringing a copy on a compact disk.
Thanks for your help.
Ted Hutchinson, Deputy Director
Ada County Solid Waste Management Department
577-4731
10/4/2005
2
3
4
~ = ~ II t4!- ~ "~~"~-"=-~"~" ~: ,"" "
~ Distribution of Motitnly,
Solid Waste Eee "
Distribution of Meridian's
Monthly Reside,~~,~~.~:~sh Service Fee
. all' of Meridian Franchise Fee III LandfiO Fee III sse Collect"n and Recycling
6
September 30, 2005
MERID!AN C!TY COUNCIL ili\EEfING
October 4, 2005
APPLICANT
ITEM NO.
4
REQUEST Presentation on Waste Disposal Facility in Elmore County by Idaho Waste Systems
AGENCY COMMENTS
CiTY CLERK:
CITY ENGINEER:
CiTY PLANNING DiRECTOR:
CITY ATTORNEY
CiTY POLlCE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
I J vJJ~S
(h~t^r
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERViCE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN iRRIGATiON:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
Contacted:
Emailed:
Date:
Phone:
Staff Initials:
Materials presenled at public meelings shaU become property of the CUy of Meridian.