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HomeMy WebLinkAbout1993 12-21 MERIDIAN CITY COUNCIL AGENDA TUESDAY, DECEMBER 21, 1993 - 7:30 P.M. CITY COUNCIL CHAMBERS MINUTES OF PREVIOUS MEETING HELD DECEMBER 7, 1993: (APPROVED) 1. COMPREHENSIVE PLAN: TABLED AT DECEMBER 7, 1993 MEETING: (APPROVED - FINDINGS OF FACT/CONCLUSIONS OF LAW - PREPARE ORDINANCE) 2. PRELIMINARY PLAT: HUNTS BLUFF SUBDIVISION NO. 2 BY MARTY GOLDSMITH TABLED AT DECEMBER 7, 1993 MEETING: (APPROVED) 3. FINAL PLAT: CHAMBERLAIN ESTATES SUBDIVISION BY KEVIN HOWELL AND HUBBLE ENGINEERING: (APPROVED WITH CONDITIONS) 4. FINAL PLAT: THE VINEYARDS SUBDIVISION NO. 5 BY MAX BOESIGER AND BRIGGS ENGINEERING: (APPROVED WITH CONDITIONS) 5. FINAL PLAT: NORRIS PARK SUBDIVISION BY WILLIAM HON AND BRIGGS ENGINEERING: (APPROVED WITH CONDITIONS) 6 . PUBLIC HEARING: REQUEST FOR ANNEXATION AND REZONING FROM RT TO R-40 FOR JERRIE WOLFE AND ASSOCIATES: (APPROVED FINDINGS OF FACT AND CONCLUSIONS OF LAW - PREPARE ORDINANCE) 7. PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING TO R-4 FOR EDWARD A. JOHNSON: (APPROVED FINDINGS OF FACT AND CONCLUSIONS OF LAW - PREPARE ORDINANCE) 8. VARIANCE REQUEST: RODNEY BRADY AND TERRELL TINGEY: (TABLED UNTIL JANUARY 4, 1993 MEETING) 9. MRS. MELINDA HARPER: CLARIFICATION OF MAWS ADDITION COMPLIANCE WITH SUBDIVISION PLAT APPROVAL: 10. PRESENTATION: STEVE SWEET OF W & H PACIFIC, SHORT PRESENTATION OF IMPACT FOR PINE AND EXECUTIVE CONNECTION: 11. BEER/WINE/LIQUOR LICENSE RENEWALS: (APPROVED WITH CONDITIONS) 12. DISCUSSION: MECHANICAL CONTRACT: (APPROVED) 13. JOINT POWERS AGREEMENT WITH ADA COUNTY: (TABLED UNTIL JANUARY 4, 1993 MEETING) 14. PROCLAMATION: PHONE BOOK RECYCLING AWARENESS DAY: 15. DEPARTMENT REPORTS: A. WAYNE FORREY: 1. PARK MASTER PLAN PRESENTATION 2. UPDATE FIVE MILE CREEK TRUNK SEWER PROJECT 3. FINAL PLAT FOR SCHOOL PLAZA SUBDIVISION (APPROVED) B. GARY SMITH: 1. RESOLUTION - SEPTIC DUMPING FEES (APPROVED) C. JIM JOHNSON: 1. REVIEWING ORDINANCES - LANDSCAPING D. CHIEF GORDON: 1. BID FOR 2 NEW POLICE CARS (APPROVED) MERIDIAN CITY COUNCIL DECEMBER 21, 1993 The regular meeting of the Meridian City Council was called to order by Mayor Kingsford at 7:30 P.M.: Members Present: Tolsma: Max Yerrington, Bob Giesler, Bob Corrie, Ron others Present: Will Berg, Wayne Crookston, Wayne Forrey, Mike Shrewsberry, Don Bryan, Raleigh Hawe, Ron Cain, A. J. Bohner, John Baker, Mike King, J and Marlene Clouss, Mike Caven, John Calhoun, Theresa Fisher, Don Hart, Sheri Baker, Guy Walker, Gary Smith, Darrel and Shannon Spencer, Jim Mercle, Becky Bowcut, Jerrie Wolfe, Ted Johnson, Gary Forres, Terrly Tingey, Robert Dunn, Allen Walters, Melinda Harper, Chief Gordon, Walt Morrow, Larry Sale: MINUTES OF THE PREVIOUS MEETING HELD DECEMBER 7, 1993: Kingsford: You've had the minutes of the meeting held December 7, 1993, are there any correction, additions, deletions to those minutes? Giesler: Mr. Mayor, I move they be approved as read. Tolsma: Second Kingsford: Moved by Bob Giesler, second by Ron to approve the December 7th meeting minutes all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #1: COMPREHENSIVE PLAN: TABLED AT DECEMBER 7, 1993 MEETING: Kingsford: Council have any questions in regards to that issue? You have the Findings prepared to make a motion on that. Corrie: Mr. Mayor, I have 1 question I'd like to ask the City Attorney. Wayne, that would be the original Planning and Zoning Findings of Facts and Conclusions rather than the ones we? Crookston: The original Findings of Fact from the Planning and Zoning Commission were modified after the Council's second hearing where there was so much testimony, excuse me after the Council's hearing where there was so much testimony about Locust Grove and Fairview, so the Findings that should be before the Council at this time should include changes from the P & Z Findings that basically pertain to that area. Other than that they should be exactly the same as the Planning and Zoning Findings. Kingsford: Any other questions Mr. Corrie? Corrie: No, Mr. Mayor Kingsford: Any other questions from the Council? Meridian city Council December 21, 1993 Page 2 Giesler: Mr. Mayor,I move that we approve the Findings of Facts and Conclusions of Law regarding the Comprehensive Plan changes. Yerrington: Second Kingsford: Moved by Bob Giesler, second by Max to approve of the Findings of Fact and Conclusions of Law on the Comprehensive Plan, roll call vote. Roll Call Vote: Yerrington - Yea, Giesler - Yea, Corrie - Yea, Tolsma - Yea MOTION CARRIED: All Yea Kingsford: Can I hear a motion on the Comprehensive Plan? Giesler: Mr. Mayor, I move that we approve and adopt the new Comprehensive Plan. Crookston: We need an Ordinance. Geisler: Mr. Mayor, I would move we instruct the city Attorney to draw up an Ordinance regarding the Comprehensive Plan. Corrie: Second Kingsford: Moved by Bob Giesler, second by Bob Corrie to have the City Attorney draw an Ordinance on the adoption of the Comprehensive plan, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM # 2: PRELIMINARY PLAT: HUNTS BLUFF SUBDIVISION NO. 2 BY MARTY GOLDSMITH: TABLED AT DECEMBER 7, 1993 MEETING: Kingsford: Is there a representative to present that here? Yes sir, would you state your name for the record please? Shrewsberry: Michael Shrewsberry, residing at 2509 Sugarcane Drive in Nampa. I'm representing the applicant Goldsmith Charter. I have new exhibits for the Council's information. Kingsford: How is this different than the one we looked at last meeting? Shret'l7sberry: In your previous hearing, the Council raised concerns regarding the access problems presented by the culdesac design on the preliminary plat. On the far north end, this area right here, Meridian city council December 21, 1993 Page 3 we have utilized the corridor for central sewer and also have proposed to install an emergency access lane for vehicles to enter the subdivision from east Overland road as opposed to come through the rest of the subdivision in cases of an emergency. We have spoken with ACHD regarding this change and they were in favor of it. Ilve also presented this to Meridian Fire Department, although I've not heard an official response from them, they did approve the initial concept as it stood so I would think this enhancement to the design as far as an emergency access goes it would be agreeable to them. Also a second issue was the concept how this preliminary plat related to the original Hunts Bluff SUbdivision, this shows both developments together as they relate to one another. The culdesac street system here would serve 24 residential lots, that would equate to less than 50 vehicle trips per day. However, I believe this latest design does address adequately the concerns of Council as they were brought up in the December 7 hearing. If thee are any other questions that I might be able to answer for the Council I'm more than happy to do so. Kingsford: Did you put some sort of a break away barrier? Shrewsberry: Yes sir, there will be a break away barrier there. One concern of the City Engineer was to delineate the location of street lamps within the subdivision, and we have located them on the far south end at the intersection of Gunsmith and Blacksmith Avenue, and also at the culdesac at the north end. They will be adequate to delineate the fire hydrants for the subdivision. Giesler: Mr. Mayor, have they requested a variance on this culdesac length? I mean there Kingsford: Mr. smith has done some research on that, I might ask him to make some comments on that. Possibly since that was put together, Gary and I talked about that last week I guess. smi th: Thank you Mr. Mayor, Councilman Giesler, after the question was raised at the last Council meeting I checked with Ada Planning Association if they had a method of measuring culdesac lengths and I also checked with the Boise city Fire Department. The mapping person at Ada Planning Association told me that they informally consider culdesac lengths to be measured for intersecting streets, where street names change. And in that case the east - west street in this particular subdivision has a name separate from the north south culdesacs. When I talked to the Boise City Fire Department representative he tells me that they measure culdesac length from a point that has 2 direction of access. And so in this particular case you1d have to go back to the intersection in Hunts Bluff No. 1 Subdivision. All our ordinance says is that the the culdesac Meridian City Council December 21, 1993 Page 4 length is to be 450 feet, it doesn't say how you measure that length, from what point to what point. I have always measured the culdesac length from the center of the culdesac ball to the center of the intersecting street. That is the Giesler: Basically the same way Boise City was telling you then. smi th: No, I've gone from the center of the bulb back to the intersection of the next intersecting street center line. Giesler: okay, excuse me. Smith: But, we have only had a couple of instances where we had a culdesac off of a culdesac and it was a question on the last one that I remember which was I think Meridian Greens No. 3 had a culdesac off of a culdesac. I'm not sure of that. Crookston: I thought it came up in Running Brook. Smith: Yes sir, that is correct that is another one. Running Brook Estates also had a culdesac off of a culdesac. So it is not specifically addressed by our Ordinance, I guess it is an interpretation of what a culdesac is where it begins. I visited with councilman Corrie and Fire Chief Kenny Bowers today and our previous requirements for the length of the cuI de sac as I understand had to do with the length of hose that could be laid from a Fire truck and the 450 feet, and as Chief Bowers explained to me today and maybe Councilman Corrie could expand on it, but and I'm not up to speed on this sort of thing, but they are getting away from the small fire hoses and they are getting to the 5 inch hose and so this 450 feet mayor may not be a realistic dimension. I know one thing that on lengths of culdesacs we don't want to get into a long length, where people drive back around curves and corners and finally get to end of the culdesac and then realize there isn't anyway out other than the way they came. I don't know what that length should be, I don't have a feeling for it. Giesler: I guess I thought it was always from the point of, you know taking it from where the project begins you know making an entire sweep. Giesler: And the City to the east of us, looks at it that way also, but they go from a point that has 2 means of access that is how they measure their culdesac regardless. And that is the longest distance from that point regardless of how many culdesacs come off of the culdesac it still is the longest distance. Kingsford: My recollection, Mr. Giesler, is I think back to when we Meridian City council December 21, 1993 Page 5 put that Ordinance in effect for that length that it dealt with Fire trucks and how far they may have to back to, in this case back to that street change and you would be able then to drive out. Of course we also had some concerns about only having one access in which may be remedied by this emergency access. Giesler: I think traffic was the issue, people getting congested, not being able to get another access in if they should get bogged. corrie: Mr. Mayor, in reference to what Gary was saying, just to give you a little background, the Fire Department now has a 5 inch hose and when you lay that from a hydrant into a fire area you don't pick that up once it is charged, it is a heavy hose so in checking with the Fire Chief he had no problem with this. We tried to figure the length of it, we have a thousand feet of hose on that 5 inch line, with the emergency exit here and entrance he had no problem with that, so that would be officially okay from the Fire Department, so I guess the question would be just how we feel about the culdesac length. The Fire Department has no problem with this one now. Kingsford: Any other questions or comments from the Council? Tolsma: Have you seen the letter from Darrel and Shannon Spencer? Shrewsberry: I'm afraid not. Tolsma: Well, it addresses several concerns here, mainly one of them is about their keeping their Overland Road address and their shed and trees and everything else because I guess it was laid out that they have these sidewalks/curbs/gutters going in front of their house and they really weren't particularly fond of that idea. Kingsford: What is the disposition of that property now on Overland, does your client control that. Shrewsberry: My understanding there is an option for our client to buy the entirety of this property now and for the Spencer's to relinquish total control. The house would remain, the Spencer's would no longer reside there. Tolsma: But that hasn't occurred yet? Shrewsberry: Not to my knowledge it has not. We are trying to get preliminary approval for this plat plus we are seeking variance for the piping of the eight mile lateral. Tolsma: Well, this letter here states that they do not want to be Meridian City Council December 21, 1993 Page 6 cut off from Overland Road, to the east side of the property, they do not want their trees cut down, move their fences or take their sheds down. And they also said, our address would have to be changed to Blacksmith Avenue and they don't want that. And they said that Ada County insists they move the shed and cut down the trees and move the fencing and change their address they are not going to go along with that. Shrewsberry: Well, just from a planning standpoint it would be to our advantage to save as much landscape as we possibly can. The outlying buildings mayor may not fit the development standpoint if we are able to take control of the entirety of the property. The latest concept that we have shows for the east portion of the Spencer's property to be platted into its own separate lot eligible for development as a single family residence. Tolsma: But they would be cut off from Overland road then? Shrewsberry: Unfortunately that would be ACHD's position yes, that they take access from Blacksmith Avenue as far as their street address is concerned they may be able to address that problem with Ada Planning Association and US Post Office in order to maintain the street address although the mail box may need to be moved onto Blacksmith Avenue culdesac. Tolsma: What if they pave that access road clear to the culdesac and then put the break away on the culdesac, then they would have their access back onto Overland Road. Shrewsberry: That would have to be approved by ACHD I would think. Kingsford: Several questions are directed at the Spencer's you might ask them if you's like, Shannon, Darrel why don't you come up so we have it on record. Spencer: Darrel Spencer, 875 East Overland Road, to clear that up Mr. Tolsma, the house the grounds the whole thing is being done it is a package deal. So what Marty does with it after that. Is there anything else? Kingsford: Thank you. Any other questions from council? Any questions you might have for staff? Corrie: Mr. Mayor, I guess we are back to the question whether this culdesac length, if it is going to take a variance or not. What is the counselors, since we don't have the Ordinance pin pointed. Crookston: Our Ordinance says 450 feet, Meridian City Council December 21, 1993 Page 7 corrie: From where to where? Crookston: It doesn't say from where to where. Corrie: So, once again. Kingsford: Well, Gary if I'm not mistaken you said that Ada County Planning uses an intersection and the Boise Fire department uses a cross street is that true of Boise city Planners? Smith: I talked to Boise City Planners and they told me to call Boise city Fire Department. The APA uses intersecting streets when street names change and the Fire department uses the point from which 2 of access no longer exists for the last point the 2 way s of access. I don't know if there is definition of culdesac in our Ordinance or not. Wayne do you recall if there is a City definition of culdesac? Crookston; I don't. Smith: like. I'll run in my office and pull that Ordinance if you'd Kingsford: I'm reasonably confident that it is not spelled out in there. Well, I think the whole intent is its something that doesn't create a life safety issue and I think when you are talking about a straight street and an intersection you can back up to its under 400 feet, 450 feet you are safe. We certainly had some in town prior to this Ordinance that were longer than that. Corrie: Mr. Mayor, to get this thing off the dead center, I move we accept the final plat, preliminary excuse me of Hunts Bluff No. 2 as presented. Giesler: Second Kingsford: Moved by Bob Corrie, second by Bob Giesler to approve the preliminary plat of Hunts Bluff Subdivision No.2, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #3: FINAL PLAT: CHAMBERLAIN ESTATES SUBDIVISION BY KEVIN HOWELL AND BRIGGS ENGINEERING: Kingsford: Any questions that Council has questions on that issue? Corrie: Mr. Mayor, I have a question I guess for Wayne, your Meridian City Council December 21, 1993 Page 8 letter, you're requesting if i'm not mistaking a delay in approval based upon the development agreement, is that? Forrey: Mr. Mayor, Councilman corrie, in my comments to the city Council when I reviewed this project my comment dated the 17th of December I ask for your consideration to delay this to some future Council Meeting to allow the developer additional time to get the development agreement in a draft and submit it to the City. That vlas one of the conditions you placed on the approval of this project and then I hope you got a copy of a letter today from Jim Mercle, who is here tonight, asking that the Council approve the Final Plat subject to this development agreement being negotiated and authorized by the Council prior to the Final Plat signature by the city Engineer. We have used that procedure on several other Final Plats, and he also mentioned in his letter that they are now in the process of developing that draft of the development agreement, is that right Jim? So I think. it is moving in the right direction. Kingsford: Are there any other questions? Jim, you have reviewed those comments from the Fire Chief? Mercle: Yes, and Gary's also. Kingsford: Any problem with those. Mercle: No, we can address those. Corrie: Mr. Mayor, how about the irrigation letters, is there any comment, have you seen those or have any problem? Mercle: No corrie: Mr. Mayor, I move that we accept the Final Plat of Chamberlain Estates Subdivision with the approval of the comments made by Wayne Forrey and also Gary smith be met before the plat is signed. Kingsford: Would you add to that the acceptance of the Development Agreement? Corrie: And acceptance of the development agreement, thank you Mr. Mayor. Kingsford: Is there a second? Yerrington: Second Meridian city Council December 21, 1993 Page 9 Kingsford: Moved by Bob Corrie, second by Max to approve the final plat for Chamberlain Estates Subdivision conditioned upon meeting the recommendations of the city Engineer, Mr. Forrey our planner as well as to have a satisfactory development agreement signed by the City, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #4: FINAL PLAT: THE VINEYARDS SUBDIVISION NO. 5 BY MAX BOESIGER AND BRIGGS ENGINEERING: Corrie: Is Max here? Kingsford: Becky Bowcut is here to represent Max, would you like to come up and answer Mr. Corrie's question? Bowcut: Becky Bowcut from Briggs Engineering, 1111 South Orchard, corrie: Becky, I had one question 1 the Settlers Irrigation District sent a letter that if you need a copy of that, Bowcut: Yes, I believe I do. corrie: That was December 15 Bowcut: yes, and we have been working wit Settlers for the piping of that ditch. corrie: And there was one other comment by the Planning Director, not being required, he asked about a 10 foot easement? Bowcut: Yes, I did notice that, and I did have some concerns about running that along the Nine Mile creek, I can understand the reasoning trying to create a shortcut out to Linder, but I'm not sure that is an appropriate location. You could have some safety hazards promoting children walking along a ditch bank and we would also have to get some type of approval from Nampa/Meridian and Bureau of reclamation for this type of use, so I question that I have some problems. Corrie: Wayne, I'm sorry Mr. Mayor, Wayne would like to say something. Kingsford: Mr. Forrey Forrey: Thank you Mayor, Councilman Corrie, Becky we received a letter from the Bureau of Reclamation about, I'm guessing a month and a half ago and in their planning they included the Nine Mile Meridian City Council December 21, 1993 Page 10 Drain and the future pathway concept for Meridian. So in their letter they indicated that the City of Meridian when we have the opportunity should plan on using the Nine Mile Creek that we had permi ss ion to include it in any future pathway. Now whether Nampa/Meridian endorses that, but at least the owner of that creek says that we can use it for pedestrian access and they are encouraging that and the school district has been looking for those opportunities to link subdivisions together. And the other thing, I think Becky you had about an 84 foot wide lots and taking a few feet off of each lot it might be achievable, just a suggestion. Bowcut: I'll be glad to discuss this with Mr. Boesiger and discuss it with the School District and Nampa/Meridian and see if everybody is agreeable that this be an acceptable use. Corrie: Thank you that would be fine. Bowcut: And I will get back with Wayne on what I find out. Kingsford: Thank you Becky. pleasure to table? Given that is it the council's Giesler: Mr. Mayor, do you have a problem with the table until that can be resolved? Kingsford: Becky, is that representing a problem for your client? Is it in the best interest to table until you've reported back? Bowcut: It is not a condition is it? Kingsford: It is listed as a recommendation, certainly the more bodies that we are getting in town the more recreation areas that we can put people to walk certainly roller blade or whatever we do is certainly in our best interest. Bowcut: I prefer that it not be deferred that we basically come up wi th something that is acceptable to Mr. Forrey and the city Engineer after I get these back, if that is acceptable to you? Kingsford: Does Council have any problems with it first? Giesler: Mr. Mayor I'd just like to say isn't some of our pathway plan are going to be along the ditches and things like that in other subdivisions. Kingsford: They are, I don't know if any of them link up to that one. Meridian City Council December 21, 1993 Page 11 Forrey: They do not, this would be our first opportunity to start using the Nine Mile Creek and we haven't because of the Bureau of Reclamation have been withholding their approval until a month and a half ago and then they said use it. Kingsford: But this one would be one that could be a stand alone use to access through there and I think it would be a good thing to have. Giesler: I guess I ask that, that could be more than likely resolved don't you think Becky? If it is agreeable to your client. Bowcut: I think so. Giesler: I think that I would like to put that condition on there that it be resolved. Bowcut: Yes, normally that is handled with an easement it is not a problem to add that to the plat and I would be glad to (inaudible) Kingsford: It certainly needs to be a non-fencable easement, that could obstruct my traffic. Is there a motion? Tolsma: Mr. Mayor I would move we approve the final plat of Vineyards subdivision No. 5 with the condition that the pathway along the Nine Mile Creek be resolved with the City Engineer and city Planner. Giesler: Second Kingsford: Moved by Ron second by Bob Giesler to approve the final plat of the Vineyards Subdivision No. 5 conditioned a satisfactory solution of the access and foot path traffic on Nine Mile Creek, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #5: FINAL PLAT: NORRIS PARK SUBDIVISION BY WILLIAM HON AND BRIGGS ENGINEERING: Kingsford: Does Council have any questions on that? Corrie: Mr. Mayor, I guess I have one for the Fire Department, the Fire Chief requested that Watertower Drive needs to be built through to Stepford Drive, is that. Kingsford: Becky, are you handling that one too? Meridian city Council December 21, 1993 Page 12 Bowcut: Yes, Kingsford: Have you looked at that comment from Chief Bowers on Watertower Drive? Bowcut: No, I didn't see that one. Okay, so he is just insisting that this be continued on to Stratford versus culdesacing it there. Yes, because that does exceed the 450 feet. Tolsma: Have you seen Gary smith's comments, regarding the secondary access into the back of story Park. Bowcut: Concerning the access to the park, yes that was discussed I think in length when the preliminary plat wa reviewed and Mr. Hon indicated that he would be talking with the city to come up with some type of an access there. And I think Mr. Hon is out of town at this time and has been for quite awhile and I met with stan McHutchinson this morning and he told me he would contact Mr. Hon and let him know he needs to get that resolved with the City of Meridian. Tolsma: I think there was, the Speedway was using an access down the right of way of the canal bank. Bowcut: Yes, there is a canal, indicated on the final plat is an easement for Eight Mile Lateral and I think we did discuss trying to work something out to improve that canal bank for access in there. Here is the watertower and here is the Eight Mile Lateral. And I'm showing, it appears to Re an 80 foot easement through there so that is shown on the plat. Yes, we will get that resolved and we'll make sure Mr. Hon gets in and discusses that with Mr. Forrey and the City Engineer or either instructs us to go in and take care of it for him. Kingsford: Mr. Smith, can you look at that easement, is that in line with how we are getting into the Speedway track now? smith: I haven't looked at it Mr. Mayor form using the easement standpoint. Kingsford: Just as Becky was holding that up, it doesn't seem to me like that gets you into that area. smith: It would be at the southwest corner of that parcel, that is as close as it would get to. Tolsma: For a park system that is tiled, it comes right straight south there it is just about right on top of it the canal, (inaudible). Meridian city Council December 21, 1993 Page 13 Kingsford: It looks like it be alright. Tolsma: (Inaudible) Kingsford: Certainly, you ought to make that a requirement that it does have access to a satisfactory point. Any other questions for Miss Bowcut? Thank you. Is there a motion? Tolsma: Mayor I move we approve the final plat of Norris Park Subdivision subject tot he access to the south of the City Park being resolved and the Fire Chief's comments. Yerrington: Second Kingsford: Moved by Ron, second by Max to approve the final plat for Norris Park Subdivision conditioned upon the Fire Chief's request on the street be met and access into the park be met, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #6: PUBLIC HEARING: REQUEST FOR ANNEXATION AND REZONING FROM RT TO R-40 FOR JERRIE WOLFE AND ASSOCIATES: Kingsford: At this time I will open the public hearing and invite the owner or his representative to begin. Would you state your name, address and be sworn. Jerrie Wolfe, 410 south Orchard, was sworn by the Attorney. Wolfe: I'm representing Gary Ballew and Dallen Taylor, this is a request for Annexation and a rezone. I don't know where I should start, but I can do a presentation and show you what we are asking for. Can I use the easel, this represents 3.19 acres triangle shape on Meridian Road and there is a private lane here, Blue Heron Lane, we are proposing a rezone to R-40 and asking for a little bit less than that. Actually it is 66 units on the 3.19 acres which represents 20 per acre. We've got 108 car parks which gives us 1.68 parking ratio 1.68 to 1. I'm going through this as fast as I can. Our landscaping, our building coverage far exceeds any requirement. We've been in contact with the Planning and Zoning as far as providing public access along the right of way, the ditch right of way here. The highway department has a concern on the access alignment with the alignment across the street, we've got no problem there, just a little bit of shifting here and we can do that. It appears to be we don't even need Blue Heron Lane as an access, as long as we've got our Fire turn around. Those are the type of items I'd like to work out with the Highway District, I don't think we are going to have any kind of problem there at all. Meridian City Council December 21, 1993 Page 14 That is as fast as I can do it. Kingsford: Okay, any questions for Mr. Wolfe? Thank you, you might leave that up there for the rest of the testimony. Anyone else form the public that would like to offer testimony on this issue? Come forward, state your name, address and be sworn. Raleigh Hawe, 530 Blue Heron Lane, was sworn by the Attorney. Hawe: The only question that I had, as I previously discussed at the Planning and Zoning portion of this is that if they were going to use Blue Heron Lane they type of public access for that particular lane I question the width of it in as much of the development that is going on just north of that and to the east of it has a lane coming down I believe its called Eureka Lane from Mr. Ewings subdivision, it comes in a couple of hundred feet from the corner of that property corner and (End of Tape). North Eureka Avenue on the Ewing property plat, I don't have a number here that I can see right away, anyway if I may I will show you what is going on. (Inaudible) I don't know whether Blue Heron Lane is going to be used as a public access or what it is that is going to take place with that particular area. But you see the amount of traffic that will be coming down into this particular area, there is a lot of traffic in commercial enterprise right here. Right now there is little room for two vehicles two cars can pass, if there is a truck there you have to wait. The lane should be some type of a public access, it goes to that it should go to a 30 - 40 foot width but that would be subject to ACHD's discretion whatever goes on with that. There will be this walkway that comes down a pathway I believe is proposed to come down through here. There is an irrigation lateral that comes from the, it goes northwest direction and that pathway comes across the street and across it may intersect this North Eureka Lane it comes down in through this area here. So at that particular point why there is a need for addi tional traffic movement both foot and vehicular traffic. Right now any kids that are, there are only 2 kids on this lane right now but with the apartment complex and the 185 units to the north there is going be a lot of use or any of these lanes going into Meridian Road in a westerly direction. Right now this area is pretty much blocked off for any easterly travel except for this lane that is up here it goes into John Barnes' development. The access then comes down in through here the collector coming in from Meridian Road on that James Court area and coming down through there and coming out that way. This is the only other westerly flow of access that there is. From the standpoint of traff ic planning that is the only question that I had. Are there any other questions? Kingsford: Are there any questions for Raleigh? Thank you Raleigh. Mr. Wolfe, I might ask you, should it be ACHD's desire ( Meridian City Council December 21, 1993 Page 15 do you have a problem t'1hat does it do to your configuration, density if you would have to give up half a street on Blue Heron? Wolfe: As I previously said we don't really have to have that access here unless ACHD requires us to, and the last that I understood talking with Mr. Sale, their biggest concern was the alignment with across the street we don't have any problem with at all. It would probably, we would just assume not to have to make any improvements here or connect to it or whatever as we proceeded. It would be the simplest for us to just realign this with across the street and eliminate this access and whatever Ewing's (inaudible). Kingsford: We, though in the Highway District might have some concerns about land locking. Wolfe: But, no we are not land locking. Kingsford: We would have some problems with traffic. Wolfe: We will do whatever they tell us to do, but then I would like to know what are supposed to do? Kingsford: Well, that is a group that you will have to meet down in Garden city with. Wolfe: We've met and I'm telling you what the Findings were from those meetings. Their are not necessarily concerned with whether we hook onto here their concern was whether we line up here. I don't have a problem with doing that at all and then just eliminate this access and we've got our fire turn around and we are fine. Kingsford: Well, i'd certainly like our staff to take a look at the traffic and how that might circulate. Anyone else from the public that would like to offer testimony on this issue? Seeing none I will close the public hearing. Council members, I assume Counselor that there are some findings from the P & Z? Crookston: Yes it is. Tolsma: Mayor, i move we approve the Findings of Fact and Conclusions of LavJ drawn by Planning and Zoning for the Jerrie Wolfe and Associates for RT to R-40. Corrie: Second Kingsford: Moved by Ron, second by Bob Corrie to approve the Findings of Fact and Conclusions of Law as prepared for the Meridian City Council December 21, 1993 Page 16 P & Z for the request for rezoning from RT to R-40 Jerrie Wolfe and Associates, roll call vote ROLL CALL VOTE: Yerrington - Yes, Giesler - Yes, Corrie - Yes, Tolsma - Yes. MOTION CARRIED: All yea Kingsford: Is there a motion to have the City Attorney draw up a city Ordinance? Yerrington: So moved Giesler: Second Kingsford: Moved by Max, second by Bob Giesler to have the City Attorney prepare an Ordinance Annexing and zoning a property, all those in favor? Opposed? MOTION CARRIED: All yea ITEM # 7: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING TO R-4 FOR EDWARD A. JOHNSON: Kingsford: At this time I will open the public hearing and invite the applicant or his designee to come forward and begin, state your name, address and be sworn please? Ted Johnson, 5330 Farrel Street, Boise, was sworn by the Attorney. Johnson: Mayor and members of the commission we are asking for an Annexation of 10 acres of ground that are outlined in the package you received on pages 7 and 8. Its a 10 acre piece that adjoins the Mallard Landing Subdivision on the west and a little bit on the south. Its an expensive piece of ground and the only reason I try to build is to get another access in there as has been requested previously. The Annexation has been requested by both myself and the land owner who intends to retain ownership of about 2.5 acres of land on the northwest corner of the parcel. I read the conclusions that have been prepared and I only have 2 questions. I haven't seen any agreements, any development agreements nor have I in the 27 years of developing have entered into one so I don't know what that contains but I'm sure it can be worked out. I do have a question having to do with the tiling of the ditch and to that effect I have filed an application for variance. On a portion of the ditch the Kennedy Lateral will bisect this parcel in the easterly third of the piece. And through that portion we would propose to tile it no matter what the size was, but the other part Meridian City Council December 21, 1993 Page 17 of it, the part going from the northern boundary of the parcel clear up to Linder Road is a large irrigation ditch and it borders the property on the one side, we actually go half way out the boundary is half way into the middle of the ditch. We have not prepared to address the question of variance, we don't know what your pleasure is in terms of pursuing that question. Our engineering people have indicated that based on their calculations 54 inch pipe would be required through that ditch. There is a 6 foot squash pipe on the one end and a 6 foot round pipe on the other end. His calculations indicate a 54 inch pipe would be the minimum requirement. Depending upon your pleasure, we could either present more data on that or we could work with the City Engineer as the time comes to determine whether or not that variance is going to be allowed or not. The other issue has to do with one comment made here which I think was probably a bit of a misunderstanding in the conversations in the Planning and Zoning hearing, paragraph 14 about the middle, it mentions a buffering from I-84. The question of the buffering on 1-84 was raised really as I remember the conversation with regard to what was going to happen with the balance of our ground further to the east and south. The south boundary of this particular 10 acre parcel is a 1/4 mile away from the I-84 and for that reason we don't think that there is any need for buffering exists. We have full plans and specifications prepared for buffering that portion of the other ground the 40 acres to the south and east as it abuts the freeway but it doesn't have anything to do with this piece, like I say its a 1/4 mile away. I think it was a misunderstanding in the conversation. I could be corrected on that but certainly Kingsford: They want a 1/4 mile wide berm to Johnson: have. other than that I'll answer questions that you might Kingsford: Questions of Mr. Johnson? Thank you, anyone else? Come forward, state your name, address and be sworn please? Gary Forres, 843 Lilac, was sworn by the Attorney. Forres: My only question on it is I own the ground tot he north of the proposed subdivision and I have not, I don't know if this has changed but the original plat with the Planning and Zoning is this still the same as what was proposed? Kingsford: This is the property here that is being proposed. Forres: (Inaudible) We are getting almost landlocked unless I move the house and so forth, but without doing that without moving the house (inaudible). Meridian city Council December 21, 1993 Page 18 Kingsford: Yes sir, why that is a consideration that staff and Council should consider upon the preliminary plat. Forres; The other thing on tiling this Kennedy Lateral, why? Kingsford: Well, our consideration certainly has been safety major wise. The council has not yet amending the Ordinance but I think we need to reword not requiring tiling of over 48 inch which this would be, that is premature at this point. We may change that between now and then. I think what we get into is descending returns because we are talking about safety yet a child gets in a grate or something they are not going to get out of a ditch that size. Probably we have defeated out purpose and certainly the cost issue is an issue but it is not paramount to us we are more concerned about life. Forres: Well, as far as I would say as far as safety goes your Ten Mile Drain is more hazardous than the Kennedy Lateral and that has not been tiled I can't hardly see where the Kennedy Lateral would need tiling. I mean I'm there all the time, knee deep is the most it is going to get and that Ten Mile Drain for instance is you fall in that you are going to have a hell of time getting out of it. No, I would have my objections to tiling that I really would. Kingsford: Thank you, anyone else from the public that would like to offer testimony on this issue? Seeing none I will close the public hearing. Councilmembers, Mr. Crookston was that testimony Crookston: It is, Kingsford: Is there a motion on the Findings? Tolsma: Mayor, I move we approve the Findings of the request of Annexation to R-4 by Edward A. Johnson. Yerrington: Second Kingsford: Moved by Ron, second by Max to approve the Findings of Fact and Conclusions of Law for Annexation and zoning to R-4 for Edward A. Johnson, discussion Mr. Corrie? corrie: Yes, Mr. Mayor we can change the way the Findings of Fact read that can be amended later as far as the ditch is concerned on the preliminary plat. Kingsford: Right, you could grant the Variance if you choose to, it might be as I indicated I don't know, I sense your opinion was we'd look at amending that Ordinance. You have that prerogative. Meridian City Council December 21, 1993 Page 19 Counselor, do you have a problem with that statement? Crookston: No ROLL CALL VOTE: Yerrington - Yes, Giesler - Yes, corrie - Yes, Tolsma - Yes: MOTION CARRIED: All Yea Kingsford: Entertain a motion to prepare an Ordinance. Giesler: So moved Yerrington: Second Kingsford: Moved by Bob Giesler, second by Max to have the Attorney prepare an Ordinance on Annexation and Zoning, all in favor? Opposed? MOTION CARRIED: All yea ITEM #8: PUBLIC HEARING FOR A VARIANCE REQUEST FOR RODNEY BRADY AND TERRLY TINGEY: Kingsford: At this time I'll open the public hearing on that issue and invite the owner or his designee to speak first. State your name, address and be sworn please. Terrel Tingey, 4627 N Marleybone Place, Boise, was sworn by the Attorney. Tingey: Dr. Brady and I own a parcel of property at 1114 and 1104 West Cherry Lane which is on the north side of Cherry lane across from the Middle School. We have a dental office located there and behind the dental office on the north portion of that property its not yet developed, its generally used for staff parking at the moment. We would like to complete the development of that property by putting in a parking lot and in addition to the parking lot a storage garage which would be used to store dental records and personal vehicles. The dimensions of the garage as proposed are 30' by 36' and we would like to locate in the northeast corner of that property so as to maximize the parking space. The property is presently zoned as limited office which stipulates a 20' setback from the north property line. We are petitioning for a variance to that 20 ' setback so we can locate the storage garage, 5' from the north property line set to the east as far as possible. Meridian City Council December 21, 1993 Page 20 Kingsford: Do you have a proposal on the kind of construction that would be, certainly because that is a residential area I would think that would be a major concern to the residents to the north of you. Tingey: We have talked to a company that specializes in the building of pole and steel buildings, so it will be painted steel and pole. Kingsford: Any other questions for Mr. Tingey? corrie: Mr. Mayor, I assume that your garage the face of the garage doors will be facing south. Tingey: They will be facing west. Corrie: Facing west Kingsford: West onto that street corrie: So your setback would have to be 20' where you have 5' evidently I'm, on this on your map if your garage doors are here, your setback would have to be 20 feet here, is this what you are looking for or is it this side? Tingey: It is the north boundary is a 20' setback. Corrie: I was thinking it was the back is the 20' setback not the side, that would be the east side. Tingey: The east side I believe a 5' setback, there is an irrigation ditch there. Corrie: Gary, is that a 20' or a 5', I'm confused about where it would be. Kingsford: If it were a residence it would be a 5' setback, but it is a limited office and in that zone you'd have to have a 20' to the north. corrie: I'm concerned where the 20' is, here he has it on the north, where. Okay, Gary I guess my question if the garage doors are facing west than the back of the building would be east and is the back of the building that requires the 20' setback or the side? Smith: Well, I think Councilman Corrie that this, the lot and the improvements on the lot the front of the building the lot faces toward Cherry Lane so that property line on the north side of the garage storage building wold be the rear property line and I Meridian City Council December 21, 1993 Page 21 believe that the way the Limited Office zone specifies that it is the setback on the rear and that is why Dr. Brady and Dr. Tingey are asking for that variance on that property line. corrie: Okay, that answers that. Kingsford: Any other questions? I think its appropriate at this time that I announce while this was scheduled for public hearing, we will go ahead with that and it was advertised as such copies were not given tot he staff and so they haven't had time to review it and make any comments and so we will just take the public testimony and table it until they have an opportunity to look at that. It is not your fault it is an in house error, it didn't' get distributed. Anyone else from the public that would like to offer testimony on this issue? Come forward, state your name, address and be sworn please. Guy Walker, 1691 NW 11th Avenue, was sworn by the Attorney. Walker: Mayor Kingsford, members of the city Council, I didn't cause the light bulb to go, although I'd like to see the final development of this property which would remove the unsightly dirt piles and weeds which are an eye sore and a fire hazard. i'm objecting to the proposed variance and the development of this property for the following reasons: The planned use and the development of the remaining property does provide the owner special privileges that the rest of the surrounding property owners do not enjoy, contrary to the owners statement that they will have setbacks this has been confused that our setbacks are sideyards and not rear yards as proposed by the owners of this property. The Ordinance is clear on the corner lots as the to the setbacks from the street as well as sideyards and rear yards. The proposed development will have an effect on the rear of their property and will allow for no rear space between them and the adjoining property. Therefore creating a potential Fire hazard and would not harmonious with the rest of the neighborhood. The proposed metal storage building is not in harmony with the exiting zoning of the property which is limited office use. The proposed structure would create a commercial effect on the property and would devaluate all the surrounding property considerably. Furthermore the proposed metal building is not in harmony with the existing office building or existing residential homes or day cares surrounding it. I am concerned that as homeowners in that area we have not got any details whatsoever as to the type of building, the structure of it the sidewall heights the roofing material, nor what type of product will be stored in there. This is a good sized building, this is no garage, this 1200 square foot building and the height of that building is going to be tremendous and the storage is not limited what could be done. This is a none piece property and consequently Meridian City Council December 21, 1993 Page 22 anything could be done with this property, it could be rented lease anything in a future use and if this variance is granted I'm tremendously concerned about this. The proposed development and use of this land is not even in harmony with the entire area for even miles around. I would like to see this property developed, but I think the owners should be more aware of developing this property so it is in harmony with their own building as well as the surrounding neighborhood. I would not be opposed to them being allowed special privileges regarding setbacks variances providing their proposed development is in harmony with their existing building and surrounding neighborhood. Should this variance be granted there is nothing to prevent the continued expansion of said building within 20' of existing street, also should this variance be granted I believe it is also given the variance to the present zoning of said property which is limited office space and I believe that their proposed development and use of this land that Planning and Zoning should review such development prior to granting a variance I believe this is going to create a zoning change. It is going to create this to be a commercial property. It is specifically limited to office space and not storage space. Therefore I respectfully request Council decline the proposed variance or table the variance until a more satisfactory proposal is presented that would not adversely affect the property value surrounding the development. I also have with me the objections that are concurring of my thoughts signed by Linda Paddock, she owns 2 pieces of property, signed also an objection that you sent notice to I would be happy to give them to the Council. Thank you very much. Kingsford: Thank you, we will take that. Anyone else from the public, come forward and state your name, address and be sworn please. Robert Dunn, 1696 NW 11th Avenue, was sworn by the Attorney. Dunn: I live right next door to this vacant weedy lot we've got there, and my property line runs right down to where the garage is going to be, the 5' more or less is going to be on my fence. And I don't have any objections to that to a certain degree. When I was first told about that they said they were going to build a little 2 story garage back in the corner of the lot. Now they are looking at building between 11 and 12 foot square building and taking up a 1/3 of my fence line which means I'm going to be looking at the back of a butter building which I don't think is right for a residential area. I would say if they come in and build a garage it would be complimentary to their building and they have a brick building in their dentist office and a nice 2 story garage with a little storage would be fine but I don't think we need a 1200 square foot butter building in the middle of the Meridian City Council December 21, 1993 Page 23 lot. Something definitely needs to be done with the lot, there is a weed problem a fire hazard and they said at the time they were going to pave it once they get the garage built and if you go ahead and grant the 5' variance does that mean if they decide to build say 5 years down the road they can come right down my fenceline with a doctors office or whatever because Meridian is building or would they have to come back in for another 5' or would that automatically just give them permission to keep on going, that is the only thing I have. And the rest of the stuff Mr. Walker pretty much gave you my feelings on. Kingsford: Any questions for Mr. Dunn? Thank you, would you state your name, address and be sworn please. Allen Walters, 1720 NW 11th Avenue, was sworn by the Attorney. Walters: I just wanted to say I concur with Mr. Walker, I have some real concerns about the composition of the building. That is all I have to say. Kingsford: Anyone else from the public? Seeing none I will close the public hearing. As I indicated before staff has not had a chance to review that so I would recommend to the Council that they table their decision until next meeting for review. Yerrington: So moved Tolsma: Second Kingsford: Moved by Max, second by Ron to table the issue until next meeting, all in favor? Opposed? MOTION CARRIED: All Yea ITEM #9: MRS. MELINDA HARPER: CLARIFICATION ON MAWS ADDITION COMPLIANCE WITH SUBDIVISION PLAT APPROVAL: Kingsford: Melinda Harper: Mr. Mayor and members of the city Council, on behalf of the homeowners of the Maws Addition Subdivision in Meridian we would all like to thank you very much for your efforts in helping us come to what we feel is an agreement with the Developer for a perimeter fence to be installed. Mr. Gregory is here and I think it is safe to say that we have come to a tentative agreement and right now what we are waiting for is a decision from ACHD as far as I can understand and Mr. Gregory can clarify this if necessary, for the height of the fence coming back from the corners of where the fencing will be installed. Apparently there is a height concern Meridian City Council December 21, 1993 Page 24 for safety. So we are waiting for that, other than that the fencing, we have asked that the fencing be installed on the property line that the height will be as specified by ACHD and that the homeowners have agreed that they will assume responsibility for the planting area that is outside the fence to the sidewalk. We will do weeding, landscaping, planting, making sure it looks nice. So, thank you very much. Kingsford: Thank you, Gary or Wayne don't we typically review the fence heights, is that our jurisdiction? Forrey: Mr. Mayor, members of the Council, Melinda, the fence height is specified in our Ordinance as 6 feet in the zone that Maws Addition is in, but our Ordinance also states that at the discretion of the Highway District if there is a sight triangle difficulty that they would have jurisdiction and there are 2 collectors I guess there, Larry do you have a special regulation don't you? Okay, that would cover it then. Kingsford; So I guess that is what you said then is that will need to be worked out with the Highway District. Harper: Do you need to say anything Mr. Gregory? Kingsford; Mr. Gregory we appreciate you working with the group. Who's ballpark is that in Mr. Forrey are you going to pursue that with the Highway District. Good, thank you all I appreciate you working together. ITEM #10: PRESENTATION: STEVE SWEET OF W & H PACIFIC, SHORT PRESENTATION OF IMPACT FOR PINE AND EXECUTIVE CONNECTION: Sweet: Mayor, members of the Council, my name is Steve Sweet, I represent W & H Pacific. We have been retained by the Ada County Highway District to identify a corridor for the future linkage of pine with Emerald. I believe that in your packet you should have a transmittal looking, the ten top questions for any project and 3 exhibits. I'd like to briefly for you to let you know why we are here, let you know what we have been doing in your community and I see some familiar faces here. The project linking pine Avenue to Executive Drive was adopted in the 2000 Urban functional Classification Map ratified by your community signed by the Mayor sometime ago and designated as a collector linking the heart of your community with Emerald. This is a plan for a collector road its very important to stress this that we're not looking at an arterial. Meridian is linked to the east with an arterial on Fairview, Franklin and Overland plus the Interstate. This is a collector road to serve 2 square miles roughly between 1st Avenue Meridian City Council December 21, 1993 Page 25 and Cloverdale. The 2000 Urban Functional Class map has identified the need for a corridor, the Comprehensive Plan update by the City of Meridian has identified a corridor necessary, 2010 Transportation Needs Assessment for Northern Ada County prepared by the Ada Planning Association and also identified the need for a corridor and most your Comprehensive Plan of course is most recent. the Ada County Ridge to Rivers pathway plan also identifies a need for a bike lane again for the record we have a map identifying the location of corridor shown as a collector. Mr. Sale, pardon me, I'm working for Mr. Sale, Mr. Sale is with Ada County Hight-lay District, short of, Mr. Sale has heard this pitch more than anybody else and I would like to give credit to your community. Mr. Johnson is from behind the screen. We have met with a number of folks in the community, now I have a list I'd like to give to you Mayor that you might pass out to the members. We have held 10 meetings to date, we have met with Mr. Morrow recently elected Councilmember f Mr. Johnson, we have 61 mailing addresses that anytime we have a public meeting we have mailed out to, 17 fax addresses and 149 names that we deliver to by the end of the meetings. The list you have is entitled Pine-Executive meeting summaries and the most recent meeting has been last week with Planning and Zoning, the first meeting was back in July 28 when we talked before the major landowners in the area. The project originally involved 3 alternatives, what we called the green route which is through the Treasure Valley Business Park from the end of existing Pine street and Locust Grove south, a red route which is essentially we followed section line and a yellow route which raised the ire of a number of landowners by being the most southerly, that quickly was thrown out as the least desirable al ternati ve. By far the consensus of the folks commenting had been identifying what we called the red route, which is labeled (inaudible). The City has in your offices here the copy of the pine Executive corridor study dated November 16, 1993. There is discussion of the location and the alternatives, there is also a copulation of the public testimony. Public testimony was strongly in favor of the preferred alternative, the red route. This project contains a number of safety features there will be detached sidewalks, striped bike lanes, intersections at arterial are aligned to accommodate future traffic signals, and unsignalized accesses will be regulated to provide safe vehicular movement. Bicycles will be accommodated in 2 6 1/2 foot wide lanes for the record you have an exhibit A which shows the 3 alternatives in color, and exhibit B which shows the preferred alternative with proposed improvements what would be completed in the future and exhibit C which shows a typical cross-section of the road. The road being proposed is a 3 lane collector, one center turn lane, 2 lanes each direction. The paved section will also include a 6 1/2 bike lane on either side of the pavement between the traffic lanes and Meridian City Council December 21, 1993 Page 26 curb, there is an 11 1/2 foot wide utility zone and (inaudible) corridor preservation strip adjacent to the curb a 5 foot sidewalk and then a 2 1/2 foot wide utility zone on either side. Total proposed Right of Way is 90 feet. The project was identified on the 2000 Urban Functional Classification Plan, we have identified a (end of tape) of the road, tying the location down is the next step, the next step is the construction of the road. The construction will take place as adjacent land is developed along the area. There are no plans in place to construct the roadway to date. As applications for development come in the Highway District will be referencing the corridor study and what we want to do is to keep you up to speed on how that process will be putting everybody on notice that there is a desire to have a road out there. Construction cost will be burdened by the developer through impact fees or off sets to impact fees bye he developers. A 90 foot Right of Way is proposed essentially from, in the unbuilt area today from Pine Avenue which is built coming from downtown first out to 6th there is an 80 foot from 6th on out to Locust Grove South there is a 50 foot Right of Way. The recommendation is no additional takes of ground in these areas where existing homes are as long as the existing use remains as is. Should uses go to a higher use, i.e. single family to a large residential area to a commercial area we would recommend acquiring the additional Right of Way. My purpose tonight is to update you fellows on this, the next step is to go to the Ada County Commission and request adoption of the recommendations. We are here to answer any questions you might have and respond to any concerns. Kingsford: Questions for Mr. Swee.t? I appreciate what you have done steve, certainly your comments about the southern route being undesirable were whitewashing ita little. It was very undesirable at least to the people I spoke to. I think it is a good plan , personally. Sweet: It has been a pleasure to work on this with the Highway District, with the city. Your staff has been very cooperative in providing input, the pleasure has been ours, thank you very much. ITEM #11: BEER/WINE/LIQUOR LICENSE RENEWALS: Kingsford: Chief, any problems with any of those existing? To date we have one applicant, pardon me one establishment that has not submitted a payment so my recommendation would be to approve of the liquor license extensions subject to their meeting the State and paying their money. Giesler: So moved Meridian City Council December 21, 1993 Page 27 Tolsma: Second Kingsford: Moved by Bob Giesler, second by Ron to approve the Beer/Wine/Liquor licenses conditioned upon receiving the funds and having state approval, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #12: DISCUSSION: MECHANICAL CONTRACT: Kingsford: Has the Council had an opportunity to review that? We adopted the Uniform Mechanical Code and this is a contract with a contractor to perform those services. Legal Counsel has reviewed it and has no problem. Crookston: That is correct. (inaudible) Kingsford: Not in the past, on residential particularly commercial buildings. The gas company reviewed the gas hook ups and so on but in talking with Mr. Morrow among others thought it would be a good idea to have Mr. Smith to have a Mechanical Inspector it review those. Corrie: Mr. Mayor, we don't need to advertise or anything like that, its a contract straight across. Kingsford: What you need to do is to authorize the Mayor and the city Clerk to sign that if that is your pleasure. Tolsma: And this a next year deal, (inaudible). Kingsford: I have visited with Mr. Morrow, Walt do you have any comment that you would like to make with regard to the Mechanical Inspections? Morrow: (Inaudible) If there are any questions that the Council has I'd be happy to answer based on my conversation with Daunt, our building Inspector, and its time that we take a look at although there is not a heck of a lot to look with respect to Mechanical Inspectors (inaudible) Tolsma: Can I ask you a question Walter, is this gentleman really well versed in (inaudible) Morrow: (Inaudible) Kingsford: Any other questions? Meridian City Council December 21, 1993 Page 28 Yerrington: What do we need to do, just approve the agreement of service? Kingsford: You need to approve the Mayor and city Clerk to sign that agreement. Yerrington: Well, I so move. Tolsma: Second Kingsford: Moved by Max, second by Ron to approve the Mayor and City Clerk to sign the Agreement on the Mechanical Inspector, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #13: JOINT POWERS AGREEMENT WITH ADA COUNTY: Kingsford: I've discussed that with our insurance carrier as well as the city Attorney and I would entertain a motion to table that until next meeting, Wayne the City Attorney is working that out with he county's Attorney and hopefully we will have that remedied by the next meeting. Giesler: So moved Corrie: Second Kingsford: Moved by Bob Giesler, second by Bob Corrie to table that until the next meeting on the January 4th meeting, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #14: PROCLAMATION: PHONE BOOK RECYCLING AWARENESS DAY: Kingsford: Whereas, Americans dump 180 million tons of garbage annually, more than 40 percent of which is paper; and Whereas, the number of usable landfill sites in the United states has dropped by two-thirds in the last 11 years. One-third of our remaining landfills will be closed by 1995; and Whereas, phone books are a reusable resource which can be recycled back into phone books paper rather than being thrown away; and Whereas, for every ton of phone books that is recycled, 3.3 cubic yards of landfill space is saved; and Whereas, for every ton of phone books that is recycled, 3.5 barrels of oil is saved; and Whereas, for every ton of phone books that is recycled, 170 average size trees are saved; and Whereas an increase in community awareness of recycling, its value, and the Meridian city council December 21, 1993 Page 29 US WEST Direct Phone Book Recycling Program, may stimulate public support and action to recycle and preserve our environment. Now, therefore, Grant Kingsford, Mayor of the City of Meridian, Idaho do hereby proclaim December 21, 1993 as Phone Book Recycling Awareness Day and that every citizen participate in recycling their phone books, increase the awareness of recycling in our community and make every effort to help save our resources and preserve our environment for future generations to come. There are a list of places that those can be recycled in your new phone books and I certainly encourage everyone to recycle those rascals. ITEM #15: DEPARTMENT REPORTS: Kingsford: I might just take 10 minutes since Mr. Caven is here, Mike we did approve the Comprehensive Plan and you might want to visit a little bit with Mr. Forrey or members of the Council about that in the next few days. Mr. Forrey Forrey: Thank you Mayor, members of the Council, I've got 3 short items. One thing we've discussed for next year is to get a park master plan under way so we could make a good decision prior to construction in Tully Park what the best facilities would be. We've been looking at several alternatives getting ready for this recreation input committee meeting. I think maybe by mid-January late-January we would be ready to schedule a meeting, work session with the Council and make some decisions in February and get ready for construction in the summer. Here is a sample, there have been some questions on Tulley Park, what could it contain. So I did a layout here, this is one of several but this particular one is oriented to soccer if that would be the pleasure of the community. There is also a concept that shows baseball park where each of those soccer fields are. At least the Tulley Property is a good site for some very intensive youth activities and down this area here I'll pass this around. Kingsford; Have you done any kind of a golf layout there? Forrey: No golf, but in that lower corner there is an area for smaller children, more secure separated from the active areas so toddlers can play in a bid sandbox, swingsets, parents with benches could watch them, that sort of thing. A lot of flexibility on the property. That also includes a regulation size little league baseball diamond, which everyone has talked about the jack Niemann memorial a baseball field so even if it has a soccer orientation there is room for a good regulation size ball diamond in there. I would appreciate any Council input as we get ready for that meeting. Councilman Tolsma and I are going to be taking a tour of Story Park and the area around the speed way to look at better Meridian City Council December 21, 1993 Page 30 utilization of land and maybe shift soccer here and baseball there whatever. Kingsford: You know Wayne as you proceed with that, if you have more renderings, maybe they could be in here on the table. Forrey: And Max I've got an extra blueprint for you. Max was looking at some soccer layouts on the Meridian Energy was looking at that. Secondly, just want to update the Council. Last Tuesday evening was the Planning and Zoning Commission meeting, but from 6 to 7 we had a packed house on the Five Mile Trunk Sewer Project, we held Chairman Johnson up we didn't get out of here until about 7: 20. A lot of people, a lot of comments, a lot of good discussion, out of that came a commitment by the Hospital, st. Lukes Hospital to get together with City staff and any Council that would like attend and I think its is going to be next Tuesday, I think its 10:30 in the morning, that is still being kicked around with their architects and engineers. They indicated at the meeting they want to start and get ready for construction next summer so Dave Roylance and Associates is doing a preliminary design. The property owners were contacted, its gotten a coalition of people together I think its moving in the right direction. I think you might have minutes in your boxes , they were typed I think they were distrubted today. The third thing, the Final plat of School Plaza, when just before Jack passed away that was being processed and in the notation on the cover sheet that goes out to all the agencies it said preliminary plat, however the applicants had submitted it as a preliminary/final and it meets all the requirements for a preliminary/final plat, but that name, preliminary, got on all the agendas as it went tracking through the approval. will felt and I agree with this that technically because it was on the agenda as preliminary plat we couldn't honestly say that it had been approved as a final plat even though it meets the requirements and everything is fine and the applicant is ready to get it signed. So as a housekeeping measure I would ask that the Council would approve a Final Plat of School Plaza Subdivision and clean up that mis-communication so Mohammed can get this recorded. That is it Mayor. Kingsford: As that has been discussed and as I have talked to Mr. Smith about it we had some concerns about sewer and calling out some easements that measure towards it to make sure that each parcel has access to sewer as that goes along. Has that been accomplished? Forrey: You know the comprehensive plan map, which is part of the Comprehensive plan its all on a computer and it can be reduced in a variety of colors this was just a draft that we got of the Meridian city Council December 21, 1993 Page 31 plotter today and we will revise that. Our intent was when we got the Comp Plan adopted we will get these colors adjusted and we can then print hundreds of copies if we need them and sell them to the pUblic. People want these maps, and everyone has been asking for a reproducible map in color so we are at a point now where we can make this look good and have 50 or so printed and folded up for sale at city Hall along with the plan. And I will now that it is adopted I'm going to go back through and check all the grammar and spelling and i'll have Jim Johnson give me help on that he is good at proof reading. Kingsford: You said help Forrey: He has already given me some of that. A couple of weeks I think we will have it ready for sale. Kingsford: Any questions for Wayne or Mr. Smith with regard to School Plaza? We are asking to deal with that final plat tonight. It has been signed by everybody but the City Clerk. Corrie: Mr. Mayor, I move that we approve the final plat of School Plaza Subdivision. Tolsma: Second Kingsford: Moved by Bob Corrie, second by Ron to approve the final plat for School Plaza Subdivision, all those in favor? Opposed? MOTION CARRIED: All Yea Kingsford: Mr. smith Smith: Just one item Mayor and Council members, back in the first part of December I transmitted some information to Councilman Yerrington concerning our septic dumping rates at the wastewater plant and I received a copy of some new information that Superintendent Shawcroft gave me today on Nampa just recently raised their rates. I, according to the Ordinance 7-542(F) says these dumping fees can be determined by the Board of Appraisers, which consists of the Mayor, City Clerk and the city Engineer, but talking to Counselor Crookston tonight he indicated this should be a resolution that would be approved by the City Council, is that correct Wayne? Crookston: Its appropriate under either procedure, since they are fees I think it is more appropriate for the Council to adopt them. Smith: So I guess I would request whatever legal maneuvers Meridian City Council December 21, 1993 Page 32 necessary that we do make that change so we can upgrade our costs on accepting septic tank pumping at the wastewater plant. Kingsford: Entertain a motion to have a resolution stating the news fees for dumping. drawn up Yerrington: So moved Tolsma: Second Kingsford: Moved by Max, second by Ron to have a resolution drawn on septic system dumping fees all those in favor? Opposed? MOTION CARRIED: All Yea Kingsford: Mr. Chairman of the Commission Johnson: (Inaudible) Kingsford: Chief Gordon: I apologize Mr. Mayor, C6uncilmembers for getting the letter to you as late as I did today on the cost of the 2 new police vehicles. The final bid from Boise Police didn't come until late this afternoon was the reason for the delay. As you know last year we went on the state bid and just piggy backed off of theirs because they purchase far more vehicles than we do. In the last couple of years we've had problems getting car dealers to bid on our vehicles. The state and also Boise City now has a public agency clause in their bids which allows any municipal government to purchase vehicles at the same price that they offer these agencies. The State bid came in with Randy Hansen at $29,498 that was for 2 cars the single unit price was $14,749, and Boise City recei ved a low bid from Rountree Chevrolet here in Boise and Meridian for $14,668. My recommendation, these are full size police vehicles would be that we go with the local agency Rountree Chevrolet. Kingsford: Any questions of the Council for the Chief? Gordon: That price is up $1,000 over last years bid by the way. Kingsford: Have you guys thought about bicycles? Gordon: We have a couple Corrie: Do we have enough money to pay for these vehicles? Meridian City Council December 21, 1993 Page 33 Kingsford: will is going to the bank to see if we can borrow the money. He has a friend over at the bank. Chief do you recall what you put in the budget for those? Gordon: This is a little more than I had put in there, $14,000 per unit. So that is about $1,300 over. Giesler: Mr. Mayor I move we approve the bid from Rountree Chevrolet in Boise and Meridian for the amount for 2 new patrol cars of $14,668 each for a total of $29,336. Yerrington: Second Kingsford: Moved by Bob Giesler, second by Max to approve the Rountree Chevrolet bid for 2 police cars totaling $29,336, Rountree Meridian-Boise, all those in favor? Opposed? MOTION CARRIED: All Yea Kingsford: Anything else? Thank you, I appreciate your doing the drinking and driving thing last Saturday, hope that was successful. Mr. Sale, I appreciate you hanging with us until the bitter end. Sale: Mr. Mayor, members of the Council, for the record I'm Larry Sale with the Highway District and I apologize for not doing this when Mr. Sweet finished his presentation. But I wonder if it would be appropriate for the Council to pass a motion concurring with the pine Avenue corridor study and we could stick that in the file for future. Kingsford: I maybe sensed that maybe that was desirable but I just saw down here presentation so I didn't want to get too carried away on doing something that wasn't asked. Sale: I apologize for that and if you'd like to do that we would appreciate it. Kingsford: Anybody like to do that? Entertain a motion. Tolsma: Mayor, I would move that we (inaudible) red route as the al ternati ve or primary for the extension of Pine to Executive Drive. Giesler: Second Kingsford: Moved by Ron, second by Bob Giesler to approve of the pine Executive corridor as presented the preferred route, all those in favor? Opposed? Meridian City Council December 21, 1993 Page 34 MOTION CARRIED: All Yea Kingsford: Anything else Sale: And one quick sentence, I don't want to much but thanks to the efforts of our citizen and the Chairman, I've forgotten his name, progress on evening out the impact fees. get your hopes too advisory committee were making some Kingsford: Thank you very much, we appreciate that. Mr. Crookston Crookston: Nothing Kingsford: Max Yerrington: No sir Kingsford: Bob Giesler: Nothing Kingsford: Bob Corrie: Nothing Kingsford: Ron Tolsma: I'd like to wish everybody a Merry Christmas and a Happy New Year. Kingsford: I would just like to concur with Mr. Tolsma and wish everybody a very Merry one and a prosperous and happy and safe and I'm going out to play golf and I will see you all next year, entertain a motion to adjourn. Corrie: So moved Giesler: Second Kingsford: Moved by Bob, second by Bob to adjourn, all in favor? Opposed? MOTION CARRIED: All Yea MEETING ADJOURNED AT 9:43 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) Meridian city Council December 21, 1993 Page 35 ~f? ATTEST: J4&~~/J- WILLIAM G. BERG, JR., CITY CLERK ORIGINAL r~ . . "',L BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION JERRIE WOLFE AND ASSOCIATES, ARCHITECTS ANNEXATION AND ZONING A PORTION OF SECTION 6, T.3N., R.1E, B.M., ADA COUNTY, MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled annexation and zoning application having come on for consideration on October 9, 1993, at the hour of 7:30 o'clock p.m. on said date, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and the Commission having heard and taken oral and written testimony and the Applicant not appearing but through Jerry Wolfe, and having duly considered the matter, the Planning and Zoning Commission makes the following: FINDINGS OF FACT I. That notice of public hearing on the annexation and zoning was published for two (2) consecutive weeks prior to the said public hearing scheduled for October 9, 1993, the first publication of which was fifteen (IS) days prior to said hearing; that the matter was duly considered at the October 9, 1993, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations. 2. That the property included in the application for annexation and zoning is described in the application, and by this FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 1 reference 1S incorporated herein; that the property is approximately 3.94 acres in size; it is on the east side of Meridian Road north of Blue Heron Lane and between Cherry Lane Road and Ustick Road. 3. That Jerrie Wolfe stated at the hearing that the development would blend in with the neighborhood; that they need to work out the access to Blue Heron Lane; that the land is planned for eight apartment buildings which would contain sixty-six housing units, 26 one bedroom units and 40 two bedroom units; that there would be 108 parking spaces, a lot of berms for landscaping, a greenbelt, 30 feet of access, and a landscaped play area in the center; he stated that they desired a zoning of R-40 but would develop to an R-20 standard. 4. That the property is presently zoned by Ada County as RT and the proposed use would be for residential type development as above stated. 5. The general area surrounding the property is used agriculturally but there have recently been a substantial amount of subdivision requests 1n the area which are single family developments. 6. That the property is adjacent and abutting to the present City limits. 7. The Applicant is not the owner of record of the property, but the applicant has submitted the consent of the titled owners, Dallan Taylor and Gary Belew. 8. That the property included 1n the annexation and FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 2 zoning application is within the Area of Impact of the City of Meridian. 9. That the parcel of ground is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is designated in the Meridian Comprehensive Plan and the proposed Comprehensive Plan. 10. There were two people testifying; one was concerned about the access because Blue Heron Lane is a private lane; he wondered whether Blue Heron was going to become a public road and if it would continue to his property; he also was concerned about a bike path intersecting with Blue Heron Lane; the other person testifying was concerned about the heavy truck traffic that now travels Blue Heron Lane. 11. That the property is in the CAIRNS Neighborhood as set forth in Policy Diagram in the current Meridian Comprehensive Plan; that the property is in the Linder District as designated in the proposed Comprehensive Plan; that the proposed Comprehensive Plan designates the area where the land in the application is located to be a mixed planned use development area; that under Housing Development on page 25 and 26 of the Current Comprehensive Plan, property inside the Urban Service Planning Area may be developed at greater densities than one dwelling unit per acre and it is the policy that a density of greater than 1 dwelling unit per 5 acres may not be exceeded outside of the Urban Service Planning Area. 12. That In the Rural Area section of the current FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 3 Comprehensive Plan it does state that land in agricultural activity should so remain in agricultural activity until it is no longer economical to exclude orderly growth and development to maintain agricultural pursuits. 13. That the proposed Meridian Comprehensive Plan, under Land Use, Residential Policies, 2.1U states as follows: "Support a variety of residential categories (urban, rural, single-family, multi-family, townhouses, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities." 14. That the proposed Meridian Comprehensive Plan, under Land Use, Mixed-Planned Use Development, Mixed-Use Area at Locust Grove Road and Fairview Avenue Plus Areas North of Fairview Avenue, at page 28, 5.16U, it states as follows: "All Development requests will be subject to development rev~ew and conditional use permit processing to ensure neighborhood compatibility." 15. That the proposed Meridian Comprehensive Plan, under Population, Housing Policies, at page 66 and 67, it states as follows: "1.1 The City of Meridian intends to provide for wide diversity of housing types (single-family, modular, mobile homes, multi-family, townhouses, apartments, condominiums." .. 1 . 3 An open regardless of background." housing market race, sex, age, for all persons, religion or ethnic "1.4 The development of housing for all income groups close to employment and shopping centers should be encouraged." "1.14 Design and performance standards should be applied to infilling development in order to reduce FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 4 adverse impacts upon existing adjacent development. " " 1 . 17 The City of Meridian intends to consider the implementation of Planned Development (PD) methods and the use of performance standards through revisions of the City's land use control ordinances." "1.19 High-Density development, where possible, should be located near open space corridors or other permanent major open space and park facilities, and near major access thoroughfares." 16. That the proposed Meridian Comprehensive Plan, under Community Design, Entryway Corridors, Meridian Road is designated as an entryway corridor. 17. That the proposed Meridian Comprehensive Plan, under Community Design, Entrance Corridors Goal Statement, it states as follows: "Promote, encourage, develop and maintain aesthetically pleasing approaches to the City of Meridian." "4.4U Encourage 35-foot landscaped setbacks for new development on entrance corridors. The City shall require, as a condition of development approval, landscaping along all entrance corridors." 18. That there is a population influx into the City of Meridian at the present time which has been going on for some time and is likely to continue; that the land is relatively close to Meridian and economic conditions are making it difficult to continue farming in the area. 19. That the property can be serviced with City water and sewer at this time. 20. Meridian Police Department, Nampa-Meridian Irrigation District, Settlers Irrigation District, Ada County FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 5 Highway District and Bureau of Reclamation may submit comments and such shall be incorporated herein as if set forth in full; that the Meridian City Engineer, Central District Health Department, Meridian Fire Department, and the Meridian School District submitted comments and they are incorporated herein as if set forth in full. 21. That the comments from the City Engineer regarding Blue Heron Lane were whether the Applicant has access rights to Blue Heron Lane and should the Lane become a public Road? 22. That the comments form the Meridian Fire Chief were that roads need to be in and water hydrants in place before any building is stated and that no paring on the roadway should be allowed. 23. That the R-40 Residential District 1S described in the Zoning Ordinance, 11-2-408 B. 6. as follows: (R-40) Hiqh Densi tv Residential District: The purpose of the (R-40) District is to permit the establishment of high density residential uses at density not exceeding forty (40) dwelling units per acre. Connection to the Municipal Water and Sewer Systems of the City of Meridian is required. 24. That the Applicant has requested a zoning of R-40 but indicated that development would be at an R-20 standard. 25. The Meridian School District submitted comment and such is incorporated herein as if set forth in full; its comment was that there is no excess capacity in the schools of the District and that residents of the new subdivision could not be assured of attending the neighborhood schools; the School District asked for FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 6 support for a development fee or a transfer fee to help offset the costs of building additional schools. 26. That in 1992 the Idaho state Legislature passed amendments to the Local Planning Act, which in 67-6513 Idaho Code, relating to subdivision ordinances, stated as follows: "Each such ordinance may provide for mitigation of the effects of subdivision development on the ability of political subdivisions of the state, including school districts, to deliver services without compromising quality of service delivery to current residents or imposing substantial additional costs upon current residents to accommodate the proposed subdivision."; that the City of Meridian is concerned with the lncrease In population that is occurring and with its impact on the City being able to provide fire, police, emergency health care, water, sewer, parks and recreation services to its current residents and to those moving into the City; the City is also concerned that the increase in population is burdening the schools of the Meridian School District which provide school service to current and future residents of the City; that the City knows that the . . lncrease In population does not sufficiently increase the tax base to offset the cost of providing fire, police, emergency health care, water, sewer, parks and recreation services; and the City knows that the increase in population does not provide sufficient tax base to provide for school services to current and future students. 27. That pursuant to the instruction, guidance, and direction of the Idaho State Legislature, the City may impose either a development fee or a transfer fee on residential property, which if possible would be retroactive and apply to all residential FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 7 lots in the City, because of the imperilment to the health, welfare, and safety of the citizens of the City of Meridian. 28. That Section 11-9-605 C states as follows: "Right-of-way for pedestrian walkways in the middle of long blocks may be required where necessary to obtain convenient pedestrian circulation to schools, parks or shopping areasi the pedestrian easement shall be at least ten feet (10') wide." 29. That Section 11-9-605 G 1. states as follows: "Planting strips shall be required to be placed next to incompatible features such as highways, railroads, commercial or industrial uses to screen the view from residential properties. such screening shall be a minimum of twenty feet (20') wide, and shall not be a part of the normal street right of way or utility easementi" 30. That Section 11-9-605 H 2. states as follows: "Existing natural features which add value to residential development and enhance the attractiveness of the community (such as trees, watercourses, historic spots and similar irreplaceable amenities) shall be preserved in the design of the subdivisioni" 31. That Section 11-9-605 K states as follows: "The extent and location of lands designed for linear open space corridors should be determined by natural features and, to lesser extent, by man-made features such as utility easements, transportation rights of way or water rights of way. Landscaping, screening or lineal open space corridors may be required for the protection of residential properties from adjacent arterial streets, waterways, railroad rights of way or other features. As improved areas (landscaped), semi-improved areas (a landscaped pathway only), or unimproved areas (left in a natural state), linear open space corridors serve: 1. To preserve opennessi 2. To interconnect park and open space systems within rights of way for trails, walkways, bicycle waysi 3. To playa major role in conserving area scenic and natural value, especially waterways, drainages and natural habitati FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 8 4. To buffer more intensive adjacent urban land uses; 5. To enhance local identification within the area due to the internal; linkages; and 6. To link residential neighborhoods, park areas and recreation facilities." 32. That Section 11-9-605 L states as follows: Bicycle and pedestrian pathways shall be encouraged within new developments as part of the public right of way or as separate easements so that an alternate transportation system (which is distinct and separate from the automobile) can be provided throughout the City Urban Service Planning Area. The Commission and Council shall consider the Bicycle-Pedestrian Design Manual for Ada County (as prepared by Ada County Highway District) when reviewing bicycle and pedestrian pathway provisions within developments. CONCLUSIONS I. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met, including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. 2. That the City of Meridian has authority to annex land pursuant to 50-222, Idaho Code, and Section 11-2-417 of the Revised and Compiled Ordinances of the City of Meridian; that exercise of the City's annexation authority 1S a Legislative function. 3. That the Planning and Zoning Commission has judged this annexation and zoning application under Section 50-222, Idaho Code, Title 67, Chapter 65, Idaho Code, the Meridian City Ordinances, the Meridian Comprehensive Plan, as amended, and the FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 9 record submitted to it and things of which it can take judicial notice. 4. That all notice and hearing requirements set forth in Title 67, Chapter 65, Idaho Code, and the Ordinances of the City of Meridian have been complied with. 5. That the Commission may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 6. That the land within the proposed annexation is contiguous to the present City limits of the City of Meridian, and the annexation would not be a shoestring annexation. 7. That the annexation application has been initiated by the Applicant with the consent of the titled owners and the annexation is not upon the initiation of the City of Meridian. 8. That since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. 9. That the development of annexed land must meet and comply with the Ordinances of the City of Meridian and in particular Section 11-9-616 which pertains to development time schedules and requirements. 10. That this Application has been submitted prior to the adoption of the proposed amendment to the Meridian Comprehensive Plan; that as a condition of annexation the Applicant, and titled owners, must agree that the proposed Meridian Comprehensive Plan, once adopted, shall apply to the land and any FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 10 development. II. That since the proposed Meridian Comprehensive Plan says that in mixed use planned development areas all development requests will be subject to planned development methods and conditional use permit processing, the development of the parcel will be subject to the planned development process under the conditional use process. 12. That under the planned development review and conditional use processing, standards shall be required so that that portion of Meridian Road which is included in the development shall be aesthetically maintained with a 3S-foot setback for landscaping. 13. That proper and adequate access to the property has not been shown and any development plans will'have to show adequate access and will have to meet City requirements and those of the Ada County Highway District; that Blue Heron Lane will have to become a public road to provide adequate access. 14. That since the Applicant's property is in the CAIRNS NEIGHBORHOOD of the Comprehensive Plan, the annexation and zoning Application are in conformance with the current Comprehensive Plan and do not conflict with the Rural Areas policies; it further is in compliance with the proposed Meridian Comprehensive Plan. IS. That the requirements of the Meridian City Engineer, Central District Health Department and Meridian Fire Department, and of the Ada County Highway District, Settlers and Nampa & Meridian Irrigation District, if submitted, shall be met. FINDINGS OF FACT & CONCLUSIONS OF LAW Page - II 16. That all ditches, canals, and waterways shall be tiled as a condition of annexation and if not so tiled the property shall be subject to de-annexation. 17. with compliance of the conditions contained herein, the annexation and zoning of R-40 Residential would be in the best interest of the City of Meridian. However, the Applicant shall be limited to development of the property to an R-20 standard; this is because that is what the applicant stated. 18. That the Applicant will be required to connect to Meridian water and sewer and resolve how the water and sewer mains will serve the land; that the development of the property shall be subject to and controlled by the Subdivision and Development Ordinance; that, as a condition of annexation, the Applicant shall be required to enter into a development agreement as authorized by 11-2-416 Land 11-2-417 D; that the development agreement shall address the inclusion into the subdivision of the requirements of 11-9-605 C, G., H 2, K, L and the comments of the Planning Director, Wayne Forrey; that the development agreement shall, as a condition of annexation, require that the Applicant, or if required, any assigns, heirs, executors or personal representatives, pay, when required, any development fee or transfer fee adopted by the City; that there shall be no annexation until the requirements of this paragraph are met or, if necessary, the property shall be subject to de-annexation and loss of City serVlces, if the requirements of this paragraph are not met. 19. That proper and adequate access to the property is FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 12 available and will have to be maintained. 20. That these conditions shall run with the land and bind the applicant, the titled owners, and their assigns. 21. That if these conditions of approval are not met the property shall be subject to de-annexation. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COMMISSIONER HEPPER VOTED !J- f3 Sl/i { to \ ./J if~~ COMMISSIONER ROUNTREE VOTED ~f~ COMMISSIONER SHEARER VOTED LtL~ COMMISSIONER ALIDJANI VOTED~ CHAIRMAN JOHNSON (TIE BREAKER) VOTED DECISION AND RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the annexation and zoning as stated above for the property described ln the application with the conditions set forth in the Findings of Fact and Conclusions of Law and that the Applicant and owners be specifically required to tile all ditches, canals and waterways as a condition of annexation and that the Applicant meet all of the Ordinances of the City of Meridian, specifically including the FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 13 development time requirements and the required development agreement, and the conditions of these Findings and Conclusions of Law, and that if the conditions are not met that the property be de-annexed. MOTION: APPROVED:~ DISAPPROVED: FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 14