HomeMy WebLinkAbout2005-04-12
CITY OF MERIDIAN
PRE-COUNCIL MEETING
AGENDA
Tuesday, April 12, 2005 at 6:15 p.m.
City Council Chambers
1. Roll-call Attendance:
~ Shaun Wardle ~ Christine Donnell
-L Charlie Rountree -L Keith Bird
~ Mayor Tammy de Weerd
2. Adoption Of the Agenda: Approve
3. Development Monitoring Report by Steve Siddoway (Annual Growth
Report - COMPASS): Discussed
(*30 minutes*)
*Approximate allowable time set for agenda item may change depending on
discussion. Please use the designated minutes as a guideline only.
Meridian City Pre-Council Agenda - April 12, 2005 Page 1 of 1
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearings,
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
CITY OF MERIDIAN
PRE~COUNCIL MEETING
AGENDA
Tuesday, April 12, 2005 at 6:15 p.m.
City Council Chambers
1. RolI~call Attendance:
X Shaun Wardle (J Christine Donnell
-X- Charlie Rountree --L Keith Bird
--X- Mayor Tammy de Weerd
2. Adoption of the Agenda:
3. Development Monitoring Report by Steve Siddoway (Annual Growth
Report - COMPASS): C'f{;J$@
(*30 minutes*)
*Approximate allowable time set for agenda item may change depending on
discussion. Please use the designated minutes as a guideline only.
Meridian City Pre-Council Agenda - April 12, 2005 Page 1 of 1
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearings,
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
April 29, 2005
MERIDIAN CITY COUNCIL MEETING May 3, 2005
APPLICANT ITEM NO. 5..8
REQUEST Approve Minutes of April 12, 2005 Pre-Council Meeting
AGENCY COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY I
CITY POLICE DEPT:
CITY FIRE DEPT: ~
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
Contacted: Date: Phone:
Emailed: Staff Initials:
Materials presented cd public meetings shall become properly of the City of Meridian.
Meridian Citv Pre~Council Meetina
ADril12.2005
The Meridian City Council meeting was called to order at 6:15 P.M. on Tuesday,
April 12, 2005 by Mayor Tammy de Weerd.
Members Present: Mayor Tammy de Weerd, Keith Bird, Shaun Wardle and
Charlie Rountree.
Members Absent: Christine Donnell
Staff Present: Bill Nary, John Overton, Anna Canning, Steve Siddoway, Tara
Green.
Item 1.
Roll-call Attendance:
Roll call.
---.2L.. Shaun Wardle
----K-Charlie Rountree
o Christine Donnell
X Keith Bird
~ Mayor Tammy de Weerd
Item 2.
Adoption of the Agenda:
Bird: Mr. President, I move we adopt the agenda as published.
Rountree: Second.
Wardle: It's been moved and seconded to adopt the agenda. All in favor.
ALL AYES. MOTION CARRIED.
Item 3.
Development Monitoring Report by Steve Siddoway (Annual
Growth Report - COMPASS):
Siddoway: All right, thank you Mr. President, members of the Council, Mayor De
Weerd. This monitoring report is a report that is prepared by COMPASS and all
of you should have received in your boxes earlier a report - the Development
Monitoring Report. If any of you don't have a copy of that and want one, I would
be happy to get you one, but it's my understanding that copies were made and
distributed to each of you, so what I have today is a Power Point presentation
that was prepared by Nicole Prehodo over at COMPASS. I did see it at one of
the ARTAC meetings that I attended, thought that it included quite a bit of
information that would be of interest to you as City Council members as a status
report for the development activity in the city. So, with no further ado, I will go
right into it. Now this report is for both Ada and Canyon County, so I won't spend
a lot of time on the Canyon County stuff, but it is still kind of interesting for
comparison sake. This chart here is single family permits and we have it by both
Meridian City Pre-Council Meeting
April 12, 2005
Page 2 of 10
city limits and area of impact. This one here is by city limits, so this is single
family only. You can see the number of units in there. The highest is Nampa's at
just over a 1,000. Melba had zero single-family residential permits last year. The
City of Caldwell was at 600. When you look at areas of impact, again Nampa up
at about 1,100, Caldwell about 550. Now as we go to Ada County, you can see
the Meridian number there, 2,243 within the city limits and you can see Boise is
only at 564, Eagle 479, Garden City 38, Kuna 227, Star 143. The numbers are
astronomical compared to everyone else around us. The closest to us, believe it
or not is unincorporated Ada County with 1,173. Now just as an aside I did a little
bit of analysis as to where those unincorporated Ada County building permits are
going and the majority of them are in the southwest Boise area within their area
of impact. As I switch here from city numbers to area of impact numbers, you
can see the county drops to 264 and Boise jumps to 1,400. Meridian is still up to
over 2,200. All but about 260 of those units in the county are in Boise's area of
impact, mainly in the southwest Boise area. Still you can see 1,000 units above
Boise's area of impact. The other interesting thing is that if you compare
Meridian's units between city limits at 2243 and area of impact at 2262 you can
really see we are holding the line very well in the City of Meridian area of impact,
not allowing development outside of the city limits. We have also done an
analysis -
(I naudible discussion-------------).
Siddoway: What would you like me to say? We are holding the ground at having
the development go in an orderly fashion within city limits. We are not allowing
much at all in our area of impact - that's not in our city limits, not being annexed
into the city. They have also done some analysis that larger areas, which they
call demographic areas, you will see Nampa's there at 1190 at the largest in
Canyon County. Then they have done some for demographic areas in Ada
County, they break down into several smaller areas for Boise. These are the
number of units: 3422 and then look at this number 2,188 and that's Meridian.
Bird: Mr. President.
Wardle: Mr. Bird.
Bird: Steve, like on downtown Boise it showed a minus 17, but it still has got 189
value. Is that minus sign supposed to be in there?
Siddoway: I am trying to remember now.
Bird: I can understand losing 17 because-
Siddoway: But, why would it still be a positive --?
Bird: Why would it still be a positive value, unless it is just pure land?
Meridian City Pre-Council Meeting
April 12, 2005
Page 3 of 10
Siddoway: Unless it's just the increase in assessed values may have done that
also. I don't know the right answer to that, but I can find out if you'd like.
Bird: No, that's fine.
Siddoway: Yeah, I don't know why there would be a positive value with a
negative number of units. That doesn't make sense to me.
Wardle: Steve, just a quick question. Are we going to see a metric here in the
next couple of slides where the value of the home is divided by the square
footage or is that something that COMPASS does?
Siddoway: That is not in here. There are values, but not values per square foot.
Wardle: Is that-
Siddoway: It's probably easy to do. I just have to divide one by the other and I
could get some of those numbers for you if you'd like. Let me make myself a
note. Any other questions on this slide? Moving from single family now to multi
family, now there are definitions and so we know that we are talking about a multi
family, it's on the left there, it includes duplexes, townhouses, condominiums and
apartments. So that we are not just talking about apartments here, we are
talking about attached single-family homes and other sorts of multi family types.
You will see there that we have got the highest number at 323 units, Boise was
at 235, Star had 2, Eagle had none. When you look at the value again, 27 million
and the square feet across the board, it's the highest. Now if we look at Nampa
on the next slide, Nampa actually has a higher number of units at 402, but the
total value is less, so Meridian's was 27 million at 300 units, Nampa's is 20
million with 400 units. Several jurisdictions in Canyon County actually adding no
such multi family units at all. They also track mobile homes separately, not very
many high numbers there. Meridian did have one new mobile home last year.
Nampa is the high of 29. Now if we go with total residential units this combines
single family, multi family, mobile homes and the whole lot and then we have a
new column over in the right, percentage of the total. You can see that all
residential units combined, Meridian had almost 2,600 units, which by itself was
47 percent of the total in the county. So, almost half of all residential units were
built in Meridian last year.
Bird: The county stated that they are five percent.
Siddoway: The county is at five percent. This is by area of impact, now if we
were going by city limits, the county would be much higher there. Okay, now we
are getting into some of the charts, which are interesting to look at. The purple
line is Ada County, the green line is Canyon County and you can see the Ada
County numbers - this isn't just - this is all of Ada County including Meridian and
including Boise, not just unincorporated Ada County. This total building permit,
Meridian City Pre-Council Meeting
April 12,2005
Page 4 of 10
total residential building permits in those counties and you can see that Canyon
County has been hovering for the last three years around this 3,000 mark and
Ada County has been increasing significantly mainly due to Meridian's numbers
as you will see in a second. This actually divides Boise and Meridian out
individually from one to another. The purple line is Meridian and you can see, as
you know, through the nineties all the way up until 2002, we were hovering
around this 1,000 building permits per year average. The last couple of years
that has really spiked to where we have over 2,500 residential building permits
last year alone. Boise on the other hand has been steadily decreasing since
2001. This is the total building permit average for Nampa and Caldwell so a
similar graph is what we just saw for Boise and Meridian. You don't see the
spike like Meridians had. Nampa has been right around the 1,500 mark for
years. I will give you one guess who this line represents? That would be
Meridian. So, this is interesting because so far we have been comparing cities in
the different counties independently, this actually combines all the cities in the
two counties on one graph and shows the residential units back from 1996 up
through 2004 and this light blue line here is the one that represents the City of
Meridian.
Bird: Mr. President.
Wardle: Mr. Bird.
Bird: Steve, stay on that a minute. That shows that if you look at Boise there
how 2001 they peaked out. You know, we didn't pass until 2002 in the deal and
Siddoway: Yeah, 2002 was the year that we really started spiking-
Bird: We started shooting up and we went by it and you can see what Mr. Nary
(inaudible) Council now. Boise, all they have got left is infill and that's what we
are going to have you know as our ground runs out.
Rountree: They got 9,000 acres south that they haven't figured out how to get
into it.
Bird: Yeah, but they haven't figured out how to do that. That's a really
interesting graph and it shows what does happen.
Siddoway: Yeah, it does in Boise's peak that was in 2001 and we were kind of
chugging along through the late 90's, early 2000's just kind of mirroring them, but
just lower on the chart until just the last couple of years when we took off and
they decreased. That is an interesting comparison. Now these charts show the
percentage of the total so the share, if you will, the share if you will of the
different cities. Again, we are looking at residential here. Now, Meridian is the
color that continues to grow unincorporated Ada County has roughly stayed the
Meridian City Pre-Council Meeting
April 12,2005
Page 5 of 10
same in terms of percentage between 2000 and 2004 is the percentage of the
total. Boise as you can see here, 2001 was when they peaked out and they have
been decreasing overall so as a share of the total, you can see how Meridian
relates in relation to unincorporated Ada County, Star, Kuna, Garden City, Eagle
and Boise. These are Canyon County's numbers; there is not much difference in
the percentage there. The colors are a little bit difficult to differentiate on the
screen, but there is a breaking point right about in here between unincorporated
Canyon County, Wilder and Parma and Notus don't even show up and then the
maroon color is Nampa. Okay, now we shift the presentation from residential to
non-residential. This includes commercial, it includes industrial, it includes public
quasi-public, such as schools and churches and they track new permits
separately from just a change of use or addition and you will see all of those
here. Okay, now looking at commercial activity, you can see that the City of
Meridian issued 67 permits, Boise issued 93. The value of Boise's was slightly
higher, but look at the square footage. Meridian actually added more non-
residential square feet than the City of Boise did.
Bird: But, if you look at the number of permits and then there is only about 7
million difference in value? And we have got more square footage. That's a
good selling point for Meridian, Idaho because you divide that it's a lot cheaper to
build in Meridian than it is in Boise.
Siddoway: Similar numbers for Canyon County - you can see there the total
value of commercial permits was at 15 million, again that's compared to
Meridian's 64 million, so quite a bit of commercial activity.
Bird: That shows just Caldwell.
Siddoway: Caldwell at 19 million, 30 permits. Yeah, so Caldwell actually had
more commercial value added last year than the City of Nampa. They were the
highest in Canyon County.
Wardle: Steve?
Siddoway: Yes.
Wardle: In that commercial number is quasi -?
Siddoway: Yes, that includes all of those things. Commercial, industrial, public,
quasi-public -
Wardle: Does that include Public Works projects along with __?
Siddoway: It's bUildings. So, it includes schools and churches.
Wardle: Sewer plants? Things like that?
(
Meridian City Pre-Council Meeting
April 12, 2005
Page 6 of 10
Bird: No, we don't permit those.
Siddoway: If it required a building permit, it would be counted. If it didn't, it
wouldn't be counted.
Wardle: Thank you.
Siddoway: Okay, for additions or changes in use, this would be an existing
buildings either converting to a new use or doing an add-on to an existing
building, Meridian had 35 commercial additions for a total of about $9 million.
De Weerd: Those are more TI?
Siddoway: Yes. Yeah, the Tl's would fall in this category. Okay, you can see
the numbers there for Canyon County. So the non-residential permit totals, this
is the total square footage. We, the City of Meridian had 1.3 million square feet
compared to just over a million for the City of Boise. Eagle had 245,000; Kuna
was the low at 55,000 and the share of the total - this percentage looks quite
similar to the residential numbers that you just saw - about 45 percent of the total
commercial activity in the county occurred in Meridian. Again, you can see the
numbers there for Canyon County, the lion share of those being in Nampa. Now
this doesn't make a lot of sense to me, we just saw a number for Caldwell that
was a lot higher than that, so I am scratching my hair a little bit.
Wardle: I would maybe ask COMPASS about the two numbers and the
difference between Caldwell and Nampa in the commercial and non-residential
scenario.
(I naudible discussion -------)
Siddoway: Yeah, it may have been that the prior one is based on area of impact.
Let's see - yeah, it is unclear to me because this shows 30 permits in Caldwell at
about $20 million and then when they do the totals it doesn't add up. There is a
question there. This is a map of Ada County if we were able to zoom in, which
we can't on the slide show, but each of the red dots that you see represents one
building permit and this is the City of Meridian right here and you can see all of
the activity in north Meridian and south Meridian. You see almost none in the
outlying county areas. This is where I was saying the concentration of Ada
County permits has gone in southwest Boise area, but in general you see very
few red dots if you will out in unincorporated county, which if you keep that
picture in your mind of how they are clustered on this map within areas of impact,
compare that to Canyon County, which has the measles. There is building
permits being issued just pretty much uniformly everywhere in the county. This is
a little difficult to see so I won't spend too much time on it, but this is preliminary
plat activity and the red outlines represent areas that have been preliminary
(
Meridian City Pre-Council Meeting
April 12, 2005
Page 7 of 10
platted and there are graphs that go with this so I am going to move forward.
You can see that Meridian platted - this is preliminary plats, now we are going to
get to final plats in just a minute, but we did preliminary plats on over 3,000 acres
of land for a total of 8,500 almost 8,600 lots - commercial lots, over 7,000 and 71
lots. Boise, 1,500 acres compared to the 3,000 acres, so roughly double the
number of acres in a preliminary plat phase.
Bird: Look at their lot sizes. They aren't doing the R-8's and the stuff like we are.
Siddoway: Yeah, they are getting the more transit-supported densities.
Wardle: Steve, what - I have got March 2005 here. Where is that from? The
cutoff is March 2005, where is the beginning point?
Siddoway: Good question, I believe it's January 1,2004, but I will verify that as
well. I don't remember for sure if they stated - they continuously update the
preliminary plat file coverage, so this would be the latest preliminary plat and
what this may be instead of the January 1,2004 this may be the total number of
available acres and lots that have been preliminary platted, but not yet final
platted. I will verify that, whether there is a beginning date or whether it is just
total.
(Inaudible discussion -------)
Siddoway: Okay, Canyon County - I don't think I am going to spend much time
there. We have their preliminary plat data as well. Now we get to final recorded
plats and there is a chart with this that will just knock your socks off. Boise, 873
lots final platted last year. This is January 1 - December 2004. The City of
Meridian, 3,500; just look at all the other numbers; they are low to mid hundreds.
Garden City at 48. Look at this chart that represents it graphically. This red line
is the number of lots that were final platted and this is Boise's up here, so there is
their number of final platted lots. This is Meridian's. The second highest one of
course is unincorporated Ada County. Again you look at this comparison like Mr.
Bird was just saying - this is number of lots and this is acres and you can see we
are getting some density here - compare that to unincorporated Ada County,
where their acres is larger than their number of lots, so it shows an efficient use
of land in the City of Meridian.
Bird: We go from 49 percent in lots down to 34 percent in acres.
Siddoway: So, here are the lots for Canyon County. Caldwell and Nampa, close
to one another at just over 1,000, but no one close to the 3,000 of Meridian. I will
look into the couple of questions that we noted so far, the value per square foot
and the numbers for Caldwell if you are interested in that and if there are any
other questions that you have, I would be glad to find the answers for those too,
but I just thought the Council would like to see how the City of Meridian
Meridian City Pre-Council Meeting
Apr1l12,2005
Page 8 of 10
compares to regionally in the development activity. With that I will stand for any
questions.
Wardle: Council?
Bird: Mr. President.
Wardle: Mr. Bird.
Bird: I don't have any questions, I just think this chart shows that the efficiency
that our city runs under from the Mayor down. It's very efficient. When were
leading all the categories and we still are the best run city, I think, from the Mayor
down and everybody should pat themselves on the back because you guys do a
wonderful job.
Canning: Mr. President if I might. I wanted to put a plug in for Public Works and
planning staff because I am sure that we are not 30 to 40 percent of the total
planners in the county, so -
Bird: Well, we have got people that work. We don't have people that sit around;
we still have the rural agricultural work ethics in the little town of Meridian.
Siddoway: One other point - I don't know Brad if you have more information on
this or not, but even though our numbers are astronomically higher in terms of
the number of plats that we are putting through to the county engineer, they
actually track on their website the number of problems that a plat has by
jurisdiction and the processing time and Meridian consistently has the fastest
processing times with the fewest number of problems through their process, so in
spite of the high volumes they are still turning out quality work.
Bird: Thanks, Steve. We appreciate the report.
Wardle: Thank you, Steve and again some of those metrics that I have asked for
along with the turnaround times from the county are things that can become
economic development tools, utilizing the research that is all public record and
those companies that are looking to locate in the Valley can have that readily
available. So, I appreciate it. Council, Mayor that brings us to the end of our
agenda unless there are any other questions. No, then I would _
De Weerd: Mr. President.
Wardle: Madame Mayor.
De Weerd: Just so it would save us time on the end of our other agenda, just
wanted to invite you all to the State of the City in Kuna. I won't be able to be
there, so it would be nice if someone from Meridian could go.
(
Meridian City Pre.Council Meeting
April 12, 2005
Page 9 of 10
Bird: When is it?
De Weerd: April 22nd.
Bird: When is that?
De Weerd: That's a Friday and I will be on that ESGR (inaudible) thing.
Bird: I think I have a doctor appointment, but if I don't Tammy I will go. Where
would I get tickets at?
De Weerd: I can have Peggy call.
Bird: Yeah, have Peggy call unless, can you go Shaun?
Wardle: I didn't bring my schedule with me, so _
Bird: If Shaun can go because r think I have got a doctor appointment, but _ I
have my CAT Scan the 22nd or something _
De Weerd: (Inaudible -----) we'll check.
Rountree: Mr. President I have a comment as well and you may not have heard,
but you might get an invite Thursday afternoon at 4:45 the Governor is going to
be signing the GARVEE Bond into legislation to the Meridian Interchange. How
he is going to do that, I have no idea, he has been advised that he is going to
upset a lot of folks, but - he starts tomorrow in north Idaho on US 95 in two
locations and goes to eastern Idaho Thursday morning and ends up in Treasure
Valley Thursday afternoon, so keep that on your radar screen.
De Weerd: (Inaudible ----________)
Bird: Maybe the Idaho State Police can have three of their cars again out there.
Rountree: Yeah, that was the last word I got as I left the office tonight. It may
change, but that's (inaudible-------------).
Bird: Thursday at 4:45, huh? Well, I think we ought to have him to it down at
Ten Mile in the pasture out there where the off ramp is going to be.
De Weerd: Mr. President.
Wardle: I also would like to ask that you put the Mayor's prayer breakfast on
your agendas for May 4th. I am sure a time the president will really appreciate _
Commuter Ride is the Ada County Highway District is doing their May in Motion.
Meridian City Pre-Council Meeting
April 12, 2005
Page 10 of 10
I didn't know if Council would like our city to explore participating in this in
anyway. If you would like us to look into it, certainly we can do that and finally
the Senior Citizen Center is having their ribbon cutting or ground breaking for
their community block grant improvements on Friday at 11 :00 A.M. We would
love to have you all there.
Bird: And if you are over 62, you can stay and eat.
De Weerd: Even if you aren't, you can. You just have to pay more.
Wardle: Thank you, Madame Mayor, the one comment that I will make about the
May in Motion is that I would like to explore the opportunity for the City to
participate as an organization and I believe that it would be nice to get some
regional action in the arena of that effort and have seen a lot of success and
awareness in other areas to the east. With that, if there isn't anything else, I
would entertain a motion to adjourn.
Rountree: So moved.
Bird: Second.
Wardle: It's been moved and seconded to adjourn. All in favor?
ALL AYES. MOTION CARRIED.
MEETING ADJOURNED AT 6:50 P.M.
(TAPE ON FILE OF THESE PROCEEDINGS)
APPROVED:
TA~
(
** TX CONFIJ.-... ,nON REPORT **
AS OF APR 08 '05 18:32 PAGE. 01
CITY OF MERIDiAN
DATE TIME TO/FROM MODE M I N/SEC PGS CMD!:I STATUS
01 04/08 18: 19 3810160 EC--S 00' 28" 001 249 OK
06 04/08 18: 29 CHAMBER-COMMERCE ----S 00'00" 000 249 BUSY
08 04/08 18: 32 SAN ITARY SERU i CE ----S 00' 00" 000 249 BUSY
THIS DOCUMENT IS STILL IN MEMORY
--------------------------------------------------------------------------------------------
rkOJ'f Pos+ td Pu. bll.-c.. 00.11 C Co . 1 Y\(j.f 11-5 ~
CITY OF MERIDIAN
PRE-COUNCIL MEETING
AGENDA
Tuesday, April 12. 2005 at 6:15 p.m.
City Council Chambers
1. RoJl-caJr Attendance:
Shaun Wardle Christine Donnell
Charlie Rountree - Keith Bird
_ Mayor Tammy de Weerd
2. Adoption of the Agenda:
3. Development Monitoring Report by Steve Siddoway (Annual Growth
Report - COMPASS):
("30 minutes")
"Approximate allowable time set for agenda item may change depending on
discussion. Please use the designated minutes as a guideline only.
Meridian city Pra-Council Agenda -April 12, 2005 Page 1 of 1
All materials presented at public meeUngs shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities retated to documents and/or hearings,
prease contact the City Clef1('s Office at 888-4433 at least 48 hours prior to the PUblic meeting.
RMATI ON REPORT **
DATE TIME TO/FROM
113 13'l/08 17:<18 PUBLIC WORKS
11 134/138 17'49 20846644135
12 04/08 17:513 8841159
13 04/08 17:51 21388841374<1
14 134/08 17:51 POLlCE DEPT
15 134/138 17:52 89855131
16 134/08 17:53 LIBRARY
17 04/08 17:54 921383776449
18 13'l/08 17:55 3886924
19 04/08 17: 56 P-AND-Z
213 04/08 17: 56 208 895 03913
21 134/08 17'58 208 387 6393
22 04/08 17:59 ADA CTY DEUELMT
23 04/08 18: 131 CHERRY LANE
24 04/13818:03 IDAHO ATHlETIC C
25 134/08 18:134 ID PRESS TRIBUNE
26 134/08 18'05 20888867131
CITY OF MERIDIAN
MODE M1N/SEC PGS
EC--S 00'21" 13131
EC--S 1:113' 21" 13131
EC--S 130'21" 001
EC--S 1313'21" 001
EC--S 130' 213" 001
EC--S 1313' 21" 001
EC--S 1:113'22" 0131
EC--S 130'20" e131
EC--S 13e'21" 001
EC--S 130' 21" 001
EC--S 1313' 21" 001
EC--S 013'21" 13131
EC--S 130'20" 001
G3--S 1313'39" 001
EC--S 1313' 213" 001
EC--S 1313'21" 001
EC--S 1:10'20" 1301
CMDIl STATUS
2<19 OK
249 OK
249 OK
249 OK
249 OK
249 OK
249 OK
249 OK
249 OK
249 OK
249 OK
249 OK
249 OK
249 OK
249 OK
249 OK
249 OK
---....-....--.....-.....----...------------------------...---....-....---....------....--------------...-....---....---------
rkost' eos+ t<< Pu. bll"t 0o+tce. . \ ~\().m-!> :
CITY OF MERIDIAN
PRE-COUNCIL MEETING
AGENDA
Tuesday, April 12. 2005 at 6:15 p.m.
City Council Chambers
1. Roll-call Attendance:
Shaun Wardle Christine Donnell
Charlie Rountree = Keith Bird
_ Mayor Tammy de Weerd
2. Adoption of the Agenda:
3. Development Monitoring Report by Steve Siddoway (Annual Growth
Report - COMPASS):
(*30 minutes.)
"ApproXimate allowable time set for agenda item may change depending on
diSCUSSion. Please use the designated minutes as it guideline only.
Meridian City Pre-Council Agenda- April 12, 2005 Page 1 of 1
All materiels presetlted at public meelIngs shall become property of the City of Meridian.
Anyone desiring ac;:ommodafjon fOf disabilities related to documents andlof hearings,
please contact the City ClBlll:s Office at 66$-4433 at least 48 hours pr10r 10 the public meeting.
(
** TX CONF I K. _ , [j ON REPORT **
(
1
AS OF APR 11 '05 108: 48 PAGE. 01
CITY OF MERIDIAN
DATE T I ME TO/FROM MODE M I N/SEC PGS CMDIt STATUS
02 04/11 08; 36 CHAMBER-COMMERCE G3--S €l0' 34" €l00 249 I NC
83 04/11 08: 43 CHAMBER-COMMERCE ----5 00' 80" €l0B 249 BUSY
B4 04/11 B8: 48 SAN ITARY SERV I CE ----S €lB' 0B" B0B 249 BUSY
THIS DOCUMENT IS STILL IN MEMORY
---....--------.....-------....-.....-------...-.....--....-.....--------....---...--.....---.....-.....---....--.....--------------------------......-
fkast' eost t<< Pu.bll.-e.. 0041CC. . IY\(,lr\~~:
CITY OF MERIDIAN
PRE-COUNCIL MEETING
AGENDA
Tuesday. April 12, 2005 at 6:15 p.m.
City Council Chambers
1, Roll-call Attendance:
_ Shaun Wardle Christine Donnell
_ Charlie Rountree == Keith Bird
_ Mayor Tammy de Weerd
2. Adoption of the Agenda:
3. Development Monitoring Report by Steve 5iddoway (Annual Growth
Report - COMPASS):
("3D minutes.)
"Approximate allowable time set for agenda item may change depending on
discussion. Please use the designated minutes as a guideline only.
Meridian City Pre-Council Agenda - April 12, 2005 Page 1 of 1
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearings,
please COnt&ld the City Clei1l;'s Office at 6884433 at least 48 hours prior to the pUblic meeting.
clfe;;dldH \
~:m,"~"~ l
-::~. <'i\ttt, <, , '. ,,1' /
I.I( 1 HI;. \"'l HI. "\. ,'I < SmCf
1903
MAYOR
Tammy de WeeI'd
CITY COUNCIL MEMBERS
William L. M. Nary
Keith Bird
Charles M. Rountree
Shaun Wardle
CITY DEPARTMENTS
Fire
540 E. Franklin Road
888-1234/ fax 895-0390
Parks & Recreation
11 E. Bower Street
888-3579/ fax 898-5501
Planning & Zoning
660 E. Watertower Lane
Sui te 202
884-5533/ fax 888-6854
Police
1401 E. Watertower Lane
888-6678/ fax 846-7366
Public Works
660 E. Watertower Lane
Suite 200
898-5500/ fax 898-9551
- Building
660 E. Watertower Lane
Suite 150
887-2211 / fax 887-1297
- Sewer (WWTP)
3401 N. Ten Mile Road
888-2191/ fax 884-0744
- Water
2235 N. W. 8th Street
888-5242/ fax 884-1159
NOTICE OF PRE-COUNCIL MEETING
MERIDIAN CITY COUNCIL
NOTICE IS HEREBY GIVEN that the City Council of the City of
Meridian will hold a Pre-Council Meeting at City Council Chambers,
Meridian City Hall, 33 East Idaho Avenue, Meridian, Idaho, on Tuesday,
April 12, 2005 at 6:15 P.M. The Meridian City Council will be
discussing agenda items which are on the regular scheduled City Council
meeting as well as the following issue:
- Development Monitoring Report by Steve Siddoway (Annual
Growth Report - COMPASS)
The public is welcome to attend the meeting.
DATED this 8th day of April, 2005.
CITY HALL 33 EAST IDAHO AVENUE MERIDIAN, IDAHO 83642 (208) 888-4433
CITY CLERK-E\X 11118.4218 HU~IM, BESOUBCES-FAX 8S4.8723 FIN,\NCE &. UTILITY BILLlNG-E\X 887-4813 M,WOR'S OFFICE-FAX 884.8]19
f\eCA-.S't' POf fur Pu Iol\.~t ~41Ce, -TYlo.n~g~
CITY OF MERIDIAN
PRE~COUNCIL MEETING
AGENDA
Tuesday, April 12, 2005 at 6:15 p.m.
City Council Chambers
1. RolI~call Attendance:
Shaun Wardle Christine Donnell
Charlie Rountree Keith Bird
_ Mayor Tammy de Weerd
2. Adoption of the Agenda:
3. Development Monitoring Report by Steve Siddoway (Annual Growth
Report - COMPASS):
(*30 minutes*)
'" Approximate allowable time set for agenda item may change depending on
discussion. Please use the designated minutes as a guideline only.
Meridian City Pre-Council Agenda - April 12, 2005 Page 1 of 1
All materials presented at public meetings shall become property ofthe City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearings,
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
Revised 4-11-05
CITY OF MERIDIAN
CITY COUNCIL REGULAR MEETING
AGENDA
Tuesday, April 12, 2005 at 7:00 p.m.
City Council Chambers
1. Roll-call Attendance:
-L Shaun Wardle ~ Christine Donnell
-L Charlie Rountree -L Keith Bird
-L Mayor Tammy de Weerd
2. Pledge of Allegiance:
3. Community Invocation by Bart Coleman St. Luke's Chaplain:
Presented
4. Adoption of the Agenda: Approve
5. Consent Agenda: Approve as Amended
A. Approve Minutes of March 15, 2005 Pre-Council Meeting:
Approve
7-B. Approve Beer. Wine, and Liauor License Renewals: Approve
Albertsons #164 - Beer & Wine
Albertsons #180 - Beer & Wine
A New Vintage Wine Shop - Beer & Wine
Hark's Corner - Beer & Wine
Dancing Dog Coffee House - Beer & Wine
Whitewater Pizza & Pasta - Beer & Wine
Wingers - Beer & Wine
JB's Restaurant - Beer & Wine
Vina Chinese Restaurant - Beer & Wine *
Wal-Mart Store - Beer & Wine
Andrade's - Beer & Wine
*Vina Chinese Restaurant - Beer & Wine - Move this item
to Item 7 ~B
C. Water Main Easement for Trout. Weeks & Nemec Law Office by
EIG Commercial, LLC: Approve
Meridian City Council Agenda - January 14,2003 Pagc 1 of 4
All materials presented at public meetings shall become property of the City of Meridian.
Anyonc dcsiring accommodation for disabilities related to documents and/or hearing
please contact thc City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
Revised 4-11-05
D. Water Line Easement for Julie Subdivision (Church Property):
Approve
E. Water Main Easement for Church Property (proposed Julie
Subdivision) by Church of Jesus Christ of Latter Day Saints:
Approve
F.
Resolution No. 05-468
Fees: Approve
: Parks and Recreations New
G. Resolution No. 05~469 : VAC 05~002 Request for a
Vacation of existing power lines, sewer, irrigation and storm water
drainage easements for Boise Vallev Commons by CSHQA -
2400 East Overland Road: Approve
H. Well 20B - Construction Services Aareement with CH2M Hill:
Approve
6. Department Reports:
A. Mayor's Office
1. Employee Service Awards: Presented
2. Farmers and Merchants State Bank Old Bank Buildina:
Discussed
3. Appointment of Youth Member to Parks and Recreation
Commission: Approve Trevor Osborn
B. Fire Department - Chief Ron Anderson
1. Memorandum of Understanding for Local Union to test
for the position of driver: Approve
C. Planning and Zoning Department - Anna Powell
1. Request for Clarification and Permission for Dean
Langley Development Agreement: Clarified
7. (Items Moved from Consent Agenda):
Item 5-B Vina Chinese Restaurant - Beer & Wine License: Not
Approve until Comply with Fire Code
8. FP 05-024 Request for Final Plat approval for 48 single-family building lots
and 2 common lots on 16.51 acres in a R-4 zone for Sutherland Farm
Meridian City Council Agenda - January 14,2003 Page 2 of 4
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearing
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
Revised 4-11-05
Subdivision No.6 by Sutherland Farm, Inc. - south of East Overland
Road and east of South Eagle Road: Approve
"Although the City of Meridian no longer requires sworn testimony, all
presentations before the Mayor and City Council are expected to be truthful and
honest to best of the ability of the presenter. "
9. Public Hearing: VAR 05-002 Request for a Variance for reduced block
lengths for Blocks 1,2 and 8 of the proposed Tustin Subdivision by SCS
Investments, LLC - northwest corner of East McMillan Road and North
Locust Grove Road: Approve Findings of Fact and Conclusions of
Law for Approval
10. Public Hearing: VAC 05~001 Request to Vacate East Manderly Lane
and a 3D-foot wide agricultural easement, both being one and the same as
shown on the plat of Larkwood Subdivision, at the north boundary line of
Lot 13, Block 2 for Tustin Subdivision by SCS Investments, LLC -
northwest corner of East McMillan Road and North Locust Grove Road:
Prepare Resolution
11. Public Hearing: AZ 05-002 Request for Annexation and Zoning of 45.88
acres from RUT to R-4 zones for proposed Tustin Subdivision by SCS
Investments, LLC - northwest corner of East McMillan Road and North
Locust Grove Road: Approve Findings of Fact and Conclusions of
Law for Approval
12. Public Hearing: PP 05-003 Request for Preliminary Plat approval of 115
building lots and 26 common lots on 44.39 acres in a proposed R-4 zone
for proposed Tustin Subdivision by SCS Investments, LLC - northwest
corner of East McMillan Road and North Locust Grove Road: Approve
Findings of Fact and Conclusions of Law for Approval
13. Public Hearing: AZ 05~003 Request for an Annexation and Zoning of
76.72 acres to a R-3 zone for Kinosbridoe Subdivision by Vision First,
LLC - 4070 South Eagle Road: Prepare Findings of Fact and
Conclusions of Law for Approval
14. Public Hearing: PP 05~004 Request for Preliminary Plat approval for 130
single-family residential building lots and 3 common lots on 76.72 acres in
a proposed R-3 zone for Kinosbridoe Subdivision by Vision First, LLC -
4070 South Eagle Road: Prepare Findings of Fact and Conclusions of
Law for Approval
15. Public Hearing: CUP 05~004 Request for a Conditional Use Permit for a
Planned Development consisting of single-family residential lots in a
proposed R-3 zone with reductions to the minimum requirements for street
Meridian City Council Agenda - January 14,2003 Page 3 of 4
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearing
please contact the Cily Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
Revised 4-11-05
frontage and request to exceed the maximum block length allowed for
Kinqsbridae Subdivision by Vision First, LLC - 4070 South Eagle Road:
Prepare Findings of Fact and Conclusions of Law for Approval
16. Ordinance No. 05-1141 : Licensed Alcohol Establishments
and Prohibitina Two License Establishments within the Same
Premise: (First Reading - Public Comment will be Accepted)
Second Reading April 19, 2005
17. Ordinance No.
Approve
05-1140
Solid Waste Collection Proaram:
18. Ordinance No. 05~1139 : AZ 04~035 Request for Annexation
and Zoning of 5.01 acres from RUT to R-4 zone for Klamath Basin
Subdivision by Randy by Worden - 4625 West Ustick Road: Approve
19. Ordinance No. 05-1142 : AZ 04~034 Request for Annexation
and Zoning of 19.63 acres from a RUT zone to a R-8 zone for Hacienda
Subdivision by Jayo Construction - 6000 North Meridian Road:
Approve
Meridian City Council Agenda - January 14,2003 Page 4 of 4
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearing
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
Revised 4-11-05
CITY OF MERIDIAN
CITY COUNCIL REGULAR MEETING
AGENDA
Tuesday, April 12, 2005 at 7:00 p.m.
City Council Chambers
1. Roll-call Attendance:
~ Shaun Wardle 0 Christine Donnell
--.X.-.- Charlie Rountree -L Keith Bird
-L Mayor Tammy de Weerd
2. Pledge of Allegiance:
3. Community Invocation by Bart Coleman St. Luke's Chaplain:
4. Adoption of the Agenda: .Approvc- as A-rito"viW\
5. Consent Agenda: ApprDv'C (U ~
A. Approve Minutes of March 15, 2005 Pre-Council Meeting: ApprfY-'
B. Approve Beer. Wine. and Liauor License Renewals:
Albertsons #164 - Beer & Wine
Albertsons #180 - Beer & Wine
A New Vintage Wine Shop - Beer & Wine
Hark's Corner - Beer & Wine
Dancing Dog Coffee House - Beer & Wine
Whitewater Pizza & Pasta - Beer & Wine
Wingers - Beer & Wine
JB's Restaurant - Beer & Wine
Vina Chinese Restaurant - Beer & Wine - 1-
Wal~Mart Store - Beer & Wine
Andrade's - Beer & Wine
C. Water Main Easement for Trout. Weeks & Nemec Law Office by
EIG Commercial, LLC: Afpnh<-
D. Water Line Easement for Julie Subdivision (Church Property): ~
E. Water Main Easement for Church Property (proposed Julie
Subdivision) by Church of Jesus Christ of Latter Day Saints: Appc1V
MeJidian City Council Agenda -January 14,2003 Page I of4
All matclials presented at public meetings shall become property of the City of MeJidian.
Anyone desiring accollunodation for disabilities related to documents and/or hearing
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
Revised 4-11-05
F. Resolution No. 05 -4LD~ Parks and Recreations
New Fees: ApprOye.....
G. Resolution No. 05-4LD'J : VAC OS~002 Request
for a Vacation of existing power lines, sewer, irrigation and storm
water drainage easements for Boise Vallev Commons by CSHQA
- 2400 East Overland Road: Approvc-
H. Well20B - Construction Services Aareement with CH2M Hill: A-pp(UY0
6. Department Reports:
A. Mayor's Office
1. Employee Service Awards: ?(cscn. red
2. Farmers and Merchants State Bank Old Bank Buildino: 'D\S~\ SS-ecJ'
3. Appointment of Youth Member to Parks and Recreation
Commission: I\W6V0 \reva- OSb6ffi
B. Fire Department - Chief Ron Anderson
1. Memorandum of Understanding for Local Union to test
for the position of driver: Appro-re...-
C. Planning and Zoning Department - Anna Powell
1. Request for Clarification and Permission for Dean
Langley Development Agreement: C.\O.X'l h ed
O. Pub', c. WDn.....s ~ Q.::ln t2.te.hOLrc\ 8<1.-UL.r
7. (Items Moved from Consent Agenda)
8. FP OS-024 Request for Final Plat approval for 48 single-family building lots
and 2 common lots on 16.51 acres in a R-4 zone for Sutherland Farm
Subdivision No.6 by Sutherland Farm, Inc. - south of East Overland
Road and east of South Eagle Road: A-ppmte.-
"Although the City of Meridian no longer requires sworn testimony, all
presentations before the Mayor and City Council are expected to be truthful and
honest to best of the ability of the presenter. "
9. Public Hearing: VAR OS~002 Request for a Variance for reduced block
lengths for Blocks 1, 2 and 8 of the proposed Tustin Subdivision by SCS
Investments, LLC - northwest corner of East McMillan Road and North
Locust Grove Road: Pret:O-xc Fim l(\'g.s Rv- A-pprOvtu
Meridian City Council Agenda -January 14, 2003 Page 2 of 4
All materia Is presented at public meetings shall become propelty 0 f the City 0 f Meridian.
Anyone desiring acconunodatioll for disabilities related to documents amI/or hearing
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
Revised 4-11-05
10.
Public Hearing: VAC 05-001 Request to Vacate East Manderly Lane
and a 30-foot wide agricultural easement, both being one and the same as
shown on the plat of Larkwood Subdivision, at the north boundary line of
Lot 13, Block 2 for Tustin Subdivision by SCS Investments, LLC -
northwest corner of East McMillan Road and North Locust Grove Road:
p( C par ~ F2iLSOl uJ-1 cr
Public Hearing: AZ 05~002 Request for Annexation and Zoning of 45.88
acres from RUT to R-4 zones for proposed Tustin Subdivision by SCS
Investments, LLC - northwest corner of East McMillan Road and North
Locust Grove Road: ApprO\((. hflcUn..p ~ A-ppr-ovUJ
Public Hearing: PP 05-003 Request for Preliminary Plat approval of 115
building lots and 26 common lots on 44.39 acres in a proposed R-4 zone
for proposed Tustin Subdivision by SCS Investments, LLC - northwest
corner of East McMillan Road and North Locust Grove Road: Prpp(UVt-
hMlf'L<;o ~ ~\
Public Hgaring: AZ: 05~003 Request for an Annexation and Zoning of
76.72 acres to a R-3 zone for Kinasbridae Subdivision by Vision First,
LLC - 4070 South Eagle Road: ~f1(\d..Ulp fa- ~~
\fc~r-c.
Public Hearing: PP 05-004 Request for Preliminary Plat approval for 130
single-family residential building lots and 3 common lots on 76.72 acres in
a proposed R-3 zone for Kinasbridae Subdivision by Vision First, LLC-
4070 South Eagle Road: R-c.p^-Y"c. hnd If\~ fty- App(V'rtlJ
Public Hearing: CUP 05-004 Request for a Conditional Use Permit for a
Planned Development consisting of single-family residential lots in a
proposed R-3 zone with reductions to the minimum requirements for street
frontage and request to exceed the maximum block length allowed for
Kinqsbridae Subdivision by Vision First, LLC - 4070 South Eagle Road:
Pt qpo..n:. hV'\d w\ ~ tiv Approv-~ \
Ordinance No. Db....'!1 40 : Licensed Alcohol
Establishments and Prohibitina Two License Establishments within
the Same Premise: (First Reading - Public Comment will be
Accepted) 4-1'1-0<;' Se{DnQ lQo.d l\'\.r...-
Ordinance No. OC-1l41 Solid Waste Collection
Proaram: Pfp rove
Ordinance No. OG-~ \12-. AZ 04-035 Request for
Annexation and Zoning of 5.01 acres from RUT to R-4 zone for Klamath
Basin Subdivision by Randy by Worden - 4625 West Ustick Road: ft-noav"
Ordinance No. 6~-1 1.q3 AZ 04~034 Request for
Annexation and Zoning of 19.63 acres from a RUT zone to a R-B zone for
11.
12.
13.
14.
15.
16.
17.
18.
19.
Melidian CityCOUllCil Agenda~ Janua!)' 14,2003 Page 3 of4
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities reiated to documents and/or hcaring
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
Revised 4-11-05
Hacienda Subdivision by Jayo Construction - 6000 North Meridian
Road: ArVJ ((]v(.
Meridian City Council Agenda - January 14,2003 Page 4 of 4
All materiais presented at public meetings shall become propelty of the City of Meridian.
Anyone desillng accommodation tor disabilities related to documents and/or hearing
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
May 6, 2005
MERIDIAN CITY COUNCIL MEETING
APPLICANT
May 10, 2005
ITEM NO.
5-A
REQUEST Approve Minutes of April 12, 2005 City Council Regular Meeting
AGENCY COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
u~
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Materials presented at public meetings shall become property of the City of Meridian.
Meridian City Council Meetina
April 12. 2005.
The regular meeting of the Meridian City Council was called to order at 7:00 P.M.,
Tuesday, April 5, 2005, by Mayor Tammy de Weerd.
Members Present: Mayor Tammy de Weerd, Keith Bird, Shaun Wardle, and Charlie
Rountree.
Members Absent: Christine Donnell.
Others Present: Bill Nary, Tara Green, Anna Canning, Brad Watson, Bill Musser, Ron
Anderson, Joe Silva, John Overton, Doug Strong, and Dean Willis.
Item 1:
Roll~call Attendance:
Roll call.
-L Shaun Wardle _Christine Donnell
X Charlie Rountree X Keith Bird
~ ~ Mayor Tammy de Weerd
De Weerd: Good evening. I'd like to welcome you to the City Council meeting. It is
Tuesday, April 12th. It is five minutes after 7:00. We will open the meeting with roll call
attendance.
Item 2:
Pledge of Allegiance:
De Weerd: Okay. Item No.2 is the pledge of allegiance. If you will, please, all rise.
(Pledge of Allegiance recited.)
Item 3:
Community Invocation by Bart Coleman St. Luke's Chaplain:
De Weerd: Thank you. Item NO.3 is our community invocation, which we will be led by
Bart Coleman, who is with St. Luke's. Chaplain. If you will all join us in the community
invocation or take this as an opportunity for a moment of silence. Thank you for joining
us.
Coleman: Thank you, Madam Mayor, Members of the Council. Let us pray. Almighty
God, we give you thanks that you provide for the work of this community through the
different gifts that the varied members of this Council, the Mayor, and the community
bring. Help us to recognize and act upon every opportunity for service. Guide our
diverSity by your one spirit that everything we think, say, and do may be for the common
good of all of your people. This we pray in your name, amen.
Item 4:
Adoption of the Agenda:
Meridian City Council
April 12, 2005
Page 2 of 58
De Weerd: Thank you. It's nice to have you here. Item No.4 is adoption of the
agenda.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: On the Consent Agenda, the fire department has requested, under the approval of
the beer, wine and liquor license renewal, that we move the Vina Chinese Restaurant to
7 -B. They have some questions. And the Item F resolution number is 05-468. And
Item G is 05-469. Under Department Reports we'd like to add Item D, which is Public
Works, Brad Watson. And Item 16 on the regular agenda is Ordinance No. 05-1139, 17
is Ordinance No. 05-1140, and No.18 is 05-1141, and 19 is 05-1142. And with that I
would move that we approve the revised agenda.
Rountree: So moved.
De Weerd: Is that a second?
Wardle: Second.
De Weerd: Thank you. I have two motions and a second. All those in favor say aye.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Item 5:
Consent Agenda:
A. Approve Minutes of March 15,2005 Pre-Council Meeting:
B. ADDrove Beer. Wine. and Liauor License Renewals:
Albertsons #164 - Beer & Wine
Albertsons #180 - Beer & Wine
A New Vintage Wine Shop - Beer & Wine
Hark's Corner - Beer & Wine
Dancing Dog Coffee House - Beer & Wine
Whitewater Pizza & Pasta - Beer & Wine
Wingers - Beer & Wine
JB's Restaurant - Beer & Wine
Wal-Mart Store - Beer & Wine
Andrade's - Beer & Wine
C. Water Main Easement for Trout. Weeks & Nemec Law Office by
EIG Commercial, LLC:
D. Water Line Easement for Julie Subdivision (Church Property):
Meridian City Council
April 12, 2005
Page 3 of 58
E. Water Main Easement for Church Property (proposed Julie
Subdivision) by Church of Jesus Christ of Latter Day Saints:
F.
Resolution No.
Fees:
05-468
Parks and Recreations New
G. Resolution No. 05-469 V AC 05-002 Request for a
Vacation of existing power lines, sewer, irrigation and storm water
drainage easements for Boise Vallev Commons by CSHQA -
2400 East Overland Road:
H. Well 208 - Construction Services Aareement with CH2M Hill:
De Weerd: Okay. Item 5 is the Consent Agenda.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move that on the Consent Agenda that Vina Chinese Restaurant be pulled to
7 -B and that Item F be noted as Resolution No. 05-468 and Item G be 05-469 and I
move that we approve the Consent Agenda with the Mayor to sign and the Clerk to
attest.
Rountree: Second.
De Weerd: Okay. The motion is to approve the Consent Agenda. If there is no further
changes, Ms. Clerk, will you, please, call roll.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, absent.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Item 6:
Department Reports:
A. Mayor's Office
1. Employee Service Awards:
De Weerd: Thank you. Okay. Item No. 6 are the Department Reports. Tonight I have
the honor to recognize a couple of our staff members, our city staff members. It's
always a great opportunity to recognize our staff for longevity with the city and I don't
know if I even see some of these people here. I would like to recognize those with five
years of service. We have Terry Anderson, Joe Silva, and Greta Seals. If you will
come forward? We just want to thank you for the years of service with the city. It's with
dedication and long-term employees like this that we are able to do real extraordinary
Meridian City Council
April 12, 2005
Page 4 of 58
things that we do in the city. Greta, do you want to come forward as well. The city has
been able to do some pretty amazing and pro-active things and I believe it's truly
because of the dedicated city employees that we have. So, it is my honor to recognize
your years of service tonight and, Terry, I have a certificate. Thank you. We appreciate
you coming tonight. And, lastly, I'd like to recognize one of our police department
personnel, Captain John Overton. He has been with us for 15 years and he certainly --
we have seen him move up through the ranks and continue to be amazed at the good
work that he does and appreciate your years of service, Captain, congratulations. Mr.
Nary, I think that HR needs to recognize Councilman Bird for his years of service, so if
we can get that on the agenda --
Bird: Oh, you have already given me one.
De Weerd: Oh, did I?
Bird: But you didn't give me a --
De Weerd: The what?
Rountree: He didn't get the button.
Bird: I didn't get the button.
Nary: Different mayor.
Bird: Different mayor.
2. Farmers and Merchants State Bank Old Bank Buildina:
De Weerd: Sorry, you just didn't choose the right mayor to serve under. Okay. Item
No. 2 is regarding the Farmers and Merchants State Bank. I have kind of briefly
mentioned this to you and we talked about the offer of Farmers and Merchants on their
vacated building that was going to be torn down. In light of the shortage here and the
lack of space that we have at City Council, they have offered use of that building if we
would just pay for the utilities and the taxes. I believe that Anna has looked at the
Conditional Use Permit for the new building. We would have to go in and modify the
CUP to extend the date of demolition of the building for two years and -- in order for us
to do that and we can proceed along that line if you approve this tonight. The cost for
utilities and taxes would be a little over 1,200 dollars a month. Claire Bowman with
Meridian Development Corporation would also like to have an office in that building and
so that cost would be slightly less with the participation of the MDC upon their board's
approval. So, Council, r would open up any questions you might have.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Meridian City Council
April 12, 2005
Page 5 of 58
Bird: What is your plans of who you are sending over there?
De Weerd: I think Dean would like you to talk into the microphone.
Bird: Oh, I'm not talking into the microphone. I'm sorry. Who do we have plans to take
over there at this point for a couple of years?
De Weerd: We discussed it at the department directors meeting today. We wanted to
first get approval from Council before we had serious discussions about it. At this point
a couple of different personnel have been mentioned to move over there. I guess if you
have direction on that, otherwise, we will just, as a city half -- staff we will discuss it and
see which would be the least disruptive.
Wardle: Madam Mayor?
De Weerd: Mr. Wardle.
Wardle: I have two questions. One that Councilman Rountree raised the last time we
had this discussion and that's to the fitness of the building from a public city half office
standpoint.
De Weerd: I did a walk through, along with Claire Bowman, and it's in really good
condition. The bank will also put some additional work into it at their expense if we
desire to go ahead and move forward.
Wardle: Okay. And, then, my follow-up question would be the -- 1,200 dollars is the
initial utility cost. What are the additional costs from a staffing level, departments,
furniture, phone lines, increased technology expense -- those are some of the numbers
that I would like to see that are outside our city budget currently.
De Weerd: Those figures -- any staff that we would move over there currently has a
desk and a chair and a computer and those kind of things. We are not talking new
employees. They all are equipped at this point. I believe that Mr. Nary was going to
look at phone expense and, Mr. Nary, did you have information on that?
Bird: I did, Madam Mayor, Members of the Council. I did talk to Terry Paternoster. He
cornered me yesterday and talked some potential -- both the cost of the computer
needs for that building and -- it's dependent on a couple of things. Obviously, one, is
the number of people, which departments would be the ones moving, would drive what
that cost would be. The only one that has some concern, he was going to get some
figures that we would have to bring back, would be in the WAN program that we have
been going forward with, our computer program, we didn't contemplate that building as
part of it, so there may be a hub cost with that that may -- mayor may not be a problem
figure, but he was going to have to determine what that specific amount would be, to
make sure that building would be part of the WAN. The other issue would be the phone
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April 12, 2005
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system and that was -- we had a lengthy discussion about that. We would be looking at
the potential for different or new phone system when we move to a new City Hall and
Madam Mayor's thought was considering maybe the possibility of testing out some type
of pilot program through the phone system there, since we would have to have a stand-
alone phone system there anyway, we couldn't be hooked through the City Hall system
the way it's set up now anyway. And so he was going to get those costs. I don't have
either of those figures. I just spoke with him yesterday about exploring those things and
so he will get those figures and get them back to Madam Mayor.
Wardle: Thank you. And also to address some of those concerns -- and we can bring it
back on the IT side. We have got cabling -- if I remember correctly, that WAN per
department or per building was 5,000 dollars. Those are cost considerations that I'd like
to see, along with probably some need for security or some of those issues. So, I would
-- my personal preference -- Madam Mayor, is looking for a go ahead tonight. I have
got some unanswered questions, but would be willing to consider it if we can get some
of those answered. I simply don't think that if -- if it were 1,200 dollars I would certainly
probably support that, but I see that there are some hidden costs -- or not necessarily
hidden costs, but costs that we are not contemplating in that 12,000 dollars.
De Weerd: Okay. Just to keep in mind that the bank is fully wired. So, everything is
still intact, because they certainly were online and wired to a good capability. So, I don't
think that there would be any wiring costs additional to what our needs would be. But
we can get those figures to you. I'll try and get those to you next week. I guess what
we would like to know is is this something that would be considered? If so, we do need
to move forward on an application to modify the Conditional Use Permit, because there
was a deadline for demolition. We would also need to notify ACHD that the demolition
would be temporarily suspended until a date certain.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I agree with Councilman Wardle wholeheartedly on getting the cost, but I also
believe that by the CUP that we need to enact on the delay of the demolition or we are
going to have our own CUP out of order. So, I don't know what the rest of -- the other
two councilmen think, but as far as I'm concerned, I don't know why we can't process
the starting of the changing of the CUP myself.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I certainly have some thoughts on the issue, but I'm going to have to abstain
because of a conflict.
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April 12, 2005
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De Weerd: Okay. So, would you feel comfortable at least having staff proceed with the
paperwork for modification of the CUP? Certainly, we can withdraw that if it seems
necessary.
Wardle: I would feel comfortable with that. Through the modification of our process, I
believe that there is a public hearing and when the application was approved there was
the expectation from surrounding property owners and the community that that would be
demolished and so would like the opportunity for them to go through the city process.
So, I would be in favor of starting the process.
De Weerd: Okay. And would that be at our expense? It would certainly be my
recommendation.
Canning: Madam Mayor?
De Weerd: You know, I just wanted to --
Bird: Madam Mayor?
De Weerd: Yes. Mr. Bird.
Bird: I have no problem with it being at our expense, if they are going to give us that --
you know, that's a lot cheaper than the going rate being rented around the city of
Meridian right now. I would have no problem with it. If Councilman Wardle agrees with
that.
Wardle: I would agree that we could proceed at our expense. I believe that we
potentially would be waiving some fees from that application, so the out-of-pocket
expense would be less -- would be more staff time.
De Weerd: Anna, do you have something to add?
Canning: Yes. I was just going to state that the hard costs would be the noticing in the
paper, which normally the clerk's department picks up those fees. And, then, the other
hard cost would be the posting. And, normally, we pick up those fees. On the
annexations we have done we have also picked up the newspaper notification ones,
too. So, whichever department you would like to come out to. I think the two things
together come to about 500 dollars, something like that.
Wardle: Thank you.
3. Appointment of Youth Member to Parks and Recreation
Commission:
De Weerd: Thank you. Okay. And the third item -- I don't know, is Trevor here this
evening? I don't see him. On the youth member for the Parks and Recreation
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April 12, 2005
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Commission, we amended our ordinance last fall to add a youth member to that
commission. Trevor Osborn is one of our Mayor Youth Council members and he has an
interest in parks and recreation. The Parks and Recreation Department has already
given him some information. I would like to have -- I am recommending appointing him
to the -- as the youth member to the Parks and Recreation Commission and would need
your approval.
Bird: And what is -- Trevor what?
De Weerd: Trevor Osborn.
Bird: Osborn. Madam Mayor?
De Weerd: Mr. Bird.
Bird: I'd move that we approve the appointment of Trevor Osborn to the Parks and
Recreation Commission.
Wardle: Second.
De Weerd: Okay. I have a motion to approve. All those in favor say aye. All ayes.
Motion carries.
MOTION CARRIED: THREE AYES. ONE ABSENT.
B. Fire Department - Chief Ron Anderson
1. Memorandum of Understanding for Local Union to test
for the position of driver:
De Weerd: Okay. Fire department. Chief Anderson.
Anderson: Thank you, Mayor. You guys should have before in your Council packets a
memorandum of understanding and what this is is -- as you know, we have a contract
with the firefighters union that includes a description of how we do promotional exams
within the fire department. However, due to our rapid growth within the fire department
over the last few years, we are not able to fulfill to the extent of the contract some of the
requirements for testing and promotion for new driver operators within the fire
department. There is a planned opening of a new station for later on this year and with
the opening of that station we would request that you provide authorization for the
Mayor to sign this memorandum of understanding that will allow us to test 12 of the
current firefighters to driver operator and they will still have to meet all the requirements
that are spelled out in the contract, with the exception of the time and grade, simply
because they haven't been firefighters there long enough to fulfill the contract
requirement. So, this is a one-time exemption for the time and grade requirement and
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April 12, 2005
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once we get back on track, then, that time and grade requirement would still be there for
future promotions. So, we would ask that you authorize the Mayor to sign this MOU.
De Weerd: Council, any questions?
Bird: I have none.
Rountree: I have none.
De Weerd: I guess, Chief Anderson, I would ask what I asked of you earlier. It says the
six open positions of driver -- of driver. If they all 12 pass, would they be eligible for
step up?
Anderson: Madam Mayor, that would yet to be negotiated as we enter into contract
negotiations with the firefighters union. The contract is due to expire this October. Our
current contract does not allow for step up qualifications. So, that is something that we
would have to negotiate.
De Weerd: Okay. Well, it doesn't allow for this either.
Anderson: I'm aware of that.
De Weerd: Okay.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: If we have no more discussion, I'd move that we approve this Memorandum of
Understanding and for the fire chief and the Mayor to sign and Clerk to attest.
Wardle: Second.
De Weerd: Okay. The motion is -- on my copy -- has yours been changed?
Bird: No. Not the one that's in here, but --
De Weerd: Okay. We will need to update the signature line to reflect Chief Anderson's
name.
Bird: That's why I said fire chief. I didn't say any name.
De Weerd: Okay. Okay. And I had a second?
Wardle: Yes.
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April 12, 2005
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Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I just want to, for the record, disclose that this is a Memorandum of
Agreement between the city and the union and that I do have a relative on the list of
potential firefighters. So, I will be voting on this motion, but just to recognize that that
situation exists.
De Weerd: Okay. Thank you. He still has to pass.
Rountree: He has to pass.
De Weerd: Okay. Ms. Clerk, will you, please, call roll.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, absent.
MOTION CARRIED: THREE AYES. ONE ABSENT.
C. Planning and Zoning Department - Anna Powell
1. Request for Clarification and Permission for Dean
Langley Development Agreement:
De Weerd: Item C. Planning and Zoning.
Canning: Madam Mayor, Members of the Council, there is a request for a clarification
of the transient development agreement for -- just a moment. For Dean and Julia
Langley. In 2001 the city entered into a development and consent to annexation
agreement with the Langleys and it was associated with the Autumn Fair, Tricia's Sub
annexation and plat. The Langleys have a one-acre out parcel at the southwest corner
of Black Cat and Ustick and that was left out of Autumn Fair annexation. But the
agreement says that -- states that the connection to city water and sewer shall not be
required until property owner or agent applies for any type of building permit to alter
existing improvements or construct new ones. And that is -- that is the -- the part of the
development agreement that's under consideration tonight. It's now being marketed by
Holland Realty and the broker is getting inquiries as about what kind of improvements
can be made. You know, can they get an accessory structure permit through the
county? Can they get a remodel permit through the county? What was specifically
meant by that statement at the time the development agreement was done. Now, I was
not here at the time. I think that Mr. Hawkins-Clark thought that the intent was just to
not allow redevelopment or large new structures or kind of a re-use of the site, but as
legal staff and as I read it, it does say any building permit. So, the Langleys are here
before you tonight to ask for clarification on what that means.
De Weerd: Okay. Is the representative here? Mr. Langley.
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April 12, 2005
Page 11 of 58
Langley: I'm Dean Langley. I currently reside at 3185 North Black Cat Road. Madam
Mayor, Members of the Council, if I could make some comments.
De Weerd: Uh-huh.
Langley: Thank you. I don't know if the letter that I wrote to the city and was submitted
through P&Z is in your packets or not, which, hopefully, it's helpful. You heard Anna
mention about the one acre out parcel and I have referenced 2.07 acres here. After
Autumn Fair and Tricia's Sub was approved and started, the developer chose not to
purchase 1.07 acres that was an odd shaped piece adjacent to our one acre out parcel,
which was fine with us. They just didn't assume ownership of it and final agreement and
so we ended up with 2.07 acres. The city attorney at that time evidently felt that we
didn't need to go back and rewrite all of the documents that had described that, so, as a
result, the 1.07 acres directly on the corner of Black Cat and Ustick is in the city. The
one acre that our house is on is in the county. So, they are two separate parcels that
we have been using as a residence. There is pasture there and having existing ag use,
small things like that. So, now that we are -- having people being interested in it, we are
just seeing that it would really be helpful if they had an idea of the kind of things that the
city sees that would be a fit and those that wouldn't and so the two things that I have
specified here as possible ideas, obviously, you may have a better idea on that, is,
again, possible remodel of existing residence and garage, as desired by the owner
agent, subject to P&Z's staff approval and, then, secondly, for the possible addition to
the structures there of another 900 square foot outbuilding, again, for personal use and
subject to P&Z staff approval. I'd stand for any questions that you have.
De Weerd: Council, any questions?
Bird: I have none.
De Weerd: Thank you, Mr. Langley. Okay. What would you like to instruct staff to do
here?
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Anna, if we just -- if we just approve the changing of the development agreement,
would that be sufficient for you? You would know what needs to be changed and stuff?
Canning: I believe we'd have to come through with a miscellaneous app for a
development agreement amendment, wouldn't we? I think the question tonight is is that
what you want us to do. It triggered a sewer and water extension is what it triggered.
There aren't any real planning issues associated with this, other than it was part of the
development agreement. So, we were unclear on how to direct Mr. Langley.
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April 12, 2005
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Nary: Madam Mayor?
De Weerd: Mr. Nary.
Nary: I was asked a question by Mr. Hawkins-Clark on this interpretation and when I
put my fake judge hat on and I look at 5.2.3, it says any type of building permit. So, that
tells me any means any, unless this Council decides that any is limited to certain types
of things or certain types of uses. This contemplated interpreted by the Council as not
falling under that requirement of any type of building permit. The concern -- if you want
to direct staff -- rather than amending the development agreement, if you want to direct
staff as to what that interpretation should mean, I believe that's adequate, as long as
that's in the record, or if you would like us to return an order reflecting what your
interpretation of that is. The only slippery slope, I guess, I would be cautious of is we
have lots of development agreements out there and they are all subject to interpretation
of all of these conditions. You know, what's being requested as possibilities for this, I
guess you have to look at what does this Council do today, what would you do today if
this was before you on whether or not to -- to even allow this type of out parcel type of
annexation. But, you know, when the request here is possible remodeling of the
existing -- the existing residence and garage, remodeling takes lots and lots of different
views as to what's a remodel and I think the intent of the original language, even though
I wasn't here either at the time, any is pretty easy, and so if you want to fashion
something else, you certainly have the ability to do that, but, again, it certainly subjects -
- the Council speaks many times about the concern of setting a precedent that you have
to live with later on something else and that's the only concerns I have is some of these
things are very very gray and fuzzy as to what they would like to do without applying as
a building permit. So, I don't know if that's of any help or not.
De Weerd: Mr. Wardle.
Wardle: Madam Mayor, obviously, not having been here for this application, my
interpretation of someone who wants to remodel or improve their property for the
current use it is, which is a single family residential dwelling, in my opinion, some sort of
an interior remodel of that or even some facade improvements to improve the
appearance, in my interpretation, would be -- would be fine under the development
agreement. Accessory use structures, other building permits which add square footage
and add utilization of the property, would probably be outside the scope of what I think
the original intent was.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I'd like some guidance from Brad in terms of sewer-ability and access to
water.
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April 12, 2005
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Watson: Madam Mayor, Councilmember Rountree, this is kind of blindsiding me a little
bit.
Rountree: Sorry.
Watson: There is water and sewer in Black Cat Road. I don't know exactly where this
structure is and can't recollect exactly why it wasn't included with the original
application, but there is sewer that goes up Black Cat Road passed Ustick to serve
Bridgestone Subdivision. That water line has been looped through there for quite some
time.
Rountree: That's what I needed to know. Thank you.
Canning: Madam Mayor?
De Weerd: Mrs. Canning.
Canning: I, perhaps, didn't answer Mr. Bird's question very well the first time. The one
planning issue that is associated with this is now when a subdivision comes we insist
that they include the existing home as part of the subdivision and even provide access
to that home as part of the subdivision. This was, obviously, done before that time, but
the Council has been supportive of that in current applications, too, to require that they
come in to get -- to get a complete -- avoiding the Swiss cheese factor that we are
somewhat famous for in our annexations, unfortunately, because we go by property by
property, but filling in some of those gaps in the annexations.
De Weerd: Okay. Council, do you have enough information to give staff some direction
on this?
Wardle: Madam Mayor. Anna, not having the plat map in front of me, is the site design
that it could redevelop and take access from the subdivision, as well as utilities and
become part of what -- is that an R-4 subdivision?
Canning: Madam Mayor, Members of the Council, there doesn't appear to be a stub
street. There does appear to be a pathway stub to the location that may accommodate
a driveway. I think the owner has offered to give you more information on that if you so
choose.
De Weerd: Mr. Langley, if you could help us with that.
Langley: Madam Mayor, Members of the Council, in our dealings with the developer,
I'm holding them accountable. We came up with some improvements that we felt
helped the value of the property and its ability to tie in at a future time and that included
an eight inch sewer coming in through the back of the property in the middle of the --
there is a common lot there, this pathway that she referenced, that's 20 feet wide,
thinking that that could be a future ingress-egress for private use or something like that.
Meridian City Council
April 12, 2005
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And also two oversized pressurized stubs to maximum Nampa-Meridian Irrigation specs
were also put in on the property. So, you know, that would help facilitate those kinds of
issues in the future. So, we hope that would make it much more compatible in the
future and we realize that by signing the development agreement we waived all rights
to, you know, most all these -- of the property. That's fine. We know that that's true.
We just are hoping that with the specifications there, that would help a prospective
buyer want to inquire and work with the city and make sure that it was compatible and in
line with what the city feels is the best use for that.
De Weerd: Okay.
Langley: Thank you.
De Weerd: Thank you. Did that answer your question?
Wardle: Yes.
De Weerd: Okay. Council, you really want to make it look like Councilman Wardle
could run a faster meeting than me. Can't you?
Rountree: He can.
De Weerd: That's because he can make a motion, I can't.
Rountree: Madam Mayor, I'm still a little confused as what's being asked. I mean the
development agreement is very clear to me, that the owner or future agent, if they plan
on remodeling this and need any kind of a permit -- they don't need a permit to paint,
but they will need a permit to do electrical or do structural things. That's clear. You
need a permit or rebuild a new building, you're going to connect to city and water. But
not anyone can do what's the best use out there. The best use out there is whatever
the Comp Plan and the zoning map shows. So, if that's residential, then, at this point
it's residential. So, I'm not sure what guidance we have to give, other than what's
already in the Comp Plan and what's in the development agreement.
De Weerd: I think, Mr. Rountree, that's what they are looking for is the interpretation of
the Council and how you -- if you wanted to do anything.
Nary: Madam Mayor?
De Weerd: Mr. Nary.
Nary: I guess to make it clear, the staff's interpretations at this point for the Langleys,
both from the Planning and Zoning and my office, has been all means all and in all
means just exactly what that says. Any type of building permit. What Mr. Langley is
asking is for a different interpretation and if that's the Council's desire, then, that's just
the direction we need. If your interpretation is all means all and that means any type of
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April 12, 2005
Page 15 of 58
building permit, if it requires a permit they have to connect to the city sewer and water
and ask to be annexed, then, you don't need to do anything, other than make that clear.
If you want something else, then, that's the direction you make.
De Weerd: Okay. So--
Rountree: Madam Mayor, to get this off dead center, I move that we instruct staff to
interpret paragraph 5 dash -- or .2.3 when it talks about property owner and agent
applies for any type of building permit, that that means all the building permits that
would be required to alter or add a new building on those particular lots. Does that
make it unclear?
Wardle: Second.
De Weerd: Okay. There is a motion to clarify and support the staff's interpretation. If
there is no further discussion, all those in favor say aye. All those opposed? Mr. Bird,
did you vote?
Bird: Yeah.
De Weerd: Sorry, I didn't hear you. Okay.
MOTION CARRIED: THREE AYES. ONE ABSENT.
D. Brad Watson - Public Works.
De Weerd: Thank you. Item--
Wardle: Madam Mayor, just a point of clarification from Mr. Nary or the staff. If this
comes through redevelopment, that parcel needs to be annexed into the city and, then,
added to the -- okay. Thank you very much.
De Weerd: Item D is Public Works. Mr. Watson.
Watson: Madam Mayor, Council Members, we are revisiting an issue that we discussed
last week when -- this has to do with property located in the southwest corner of Tully
Park owned by Dan Richards. We spoke on the phone Monday morning and there is
some disagreement over the direction that Council gave. What I have done today --
had staff do, anyway, was put together another map that has a little more detail than
what I provided last week. This map, although it's somewhat hard to read, because the
print is very small, shows two sewering options. One is constructing a sewer main from
the intersection of Chateau and Linder Road north about 130 feet and, then, with a
service line to the right of way line. The other option is to -- as was discussed last
week, have a service traverse between those two houses up to the rear of the house.
Staff contacted Mike Rice Excavation today, who does a lot of these smaller jobs for us,
and he provided some quotes. To construct this main line north in Linder Road with
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April 12, 2005
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eight inch sewer and another manhole and ACHD permits, it comes in just slightly under
19,000 dollars to serve this property. As a reminder, all the surrounding property is
served by other existing sewer. The difference in what we thought Council's direction
was last week, really, is between this segment here, that traverses between the two
houses. It was my understanding that we would stub out to the right-of-way line. It was
Mr. Richards' understanding that we would provide that to the property line, however we
did it. The costs are printed on this map. They are probably pretty difficult to read, but
this segment from here -- from the sewer trunk in Chateau north to the right-of-way line,
the cost provided to us was 4,620 dollars. There is an ACHD asphalt repair amount for
about 2,350 dollars. The one thing that we didn't think about or realize until today, was
that this water line is made up of material that is rather old and it's quite fragile. We
don't have much of this in the city, but this is one spot where we do. This section of
water line would have to be replaced and the cost for that was estimated at a little over
three thousand dollars. So, all told, it looks like the city costs just to stub out to the
right-of-way line are 10,015 dollars, based on this quote provided to us. The remainder
to get it from the right-of-way line, up to Mr. Richard's property line at 4,720, plus a small
amount to actually connect on site. So, we are back here, I guess, just to get definite,
specific direction from Council. Mr. Richards is here tonight. If you would like to ask
him any questions at all. With that I'll stand for any questions.
De Weerd: Okay. Council.
Rountree: I have no questions. I'll restate the motion if it need be, but you have some -
Richards: I'm Dan Richards, live at 8980 South Linder in Meridian. I would like to point
out several things that got said last Tuesday night and when I left the meeting last
Tuesday night I was totally under the understanding that the city was going to be
responsible for bringing the sewer to the property line, not just to the right of way, and I
realize that that was the motion. But I talked to Brad Watson; he informed me that it
was only going to be brought to the right of way, which is a small percentage of the cost.
I'd like to ask a question of the city. How is it fair to me, a property owner in the city
limits, to have to pay 18,000 dollars or so to bring sewer to my house, when for
approximately four years, ever since I bought the house, I paid sewer bills each month.
The city and myself, everyone, thought that this house was on sewer. I imagine the
property owner before myself even paid sewer bills. So, it seems that somehow it was
a huge oversight on the city's part that the sewer stub was never ran to this property. I
have been told that this house was at one time owned by the Tullys, whom the park
around it is named after. This property, obviously, got sub-divided; a park got built
around the property. Linder Road got improved. City water got run to this property.
Sidewalks were poured. The lot around this house got approved. That was too small to
ever have a replacement septic tank or for fill drains. The minimum now I believe is one
acre. So, all this happened -- somehow all this because the city's oversight that this
house never got sewer stubbed, but now it's my problem and my expense to have a
sewer stub run to this house. I believe this is unfair and I ask you to, please, state how
that's not. I'd like to point out something that was said last night when Mr. Watson
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April 12, 2005
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asked Mr. Nary for his legal advice and Mr. Nary said: Thanks. I guess, Mr. President,
Members of the Council, I think as with any other property, I think it is the city's -- I think
as Mr. Watson has already stated, it is generally the city's responsibility to bring the
service from the public street access to this property, so that they can -- they can
access it when they want to. I think Mr. Watson's concern, as he expressed initially, is if
you bring that line up the street 120 feet, it will only serve this property and no one else,
but from the city's standpoint, I think there is a responsibility to be able to publicly serve
that property within our city limits in some fashion, whether it's through the other yard,
because it may be cheaper, if there is an easement there it may be less expensive, but I
think it is the city's responsibility to at least provide access to the sewer for the property
owner. They will have to connect it from the connecting point on the property line to
their house and that's their responsibility to do that under our ordinance. But I think
that's the hesitation. I think I understood from Mr. Watson -- and he can correct me, but
I think it's -- the only concern is that it's only going to serve one house and it will likely
never serve anyone else, except that one house. But from a responsibility standpoint, I
do think that it's the city's responsibility to at least get it to the line, to the property line.
Having said that, I'd like to quote something else. Mr. Watson asked Mr. -- I'm sorry --
Mr. Rountree -- this is Rountree. He said: Brad, do you have a recommendation? We
have to start somewhere. Watson: Council member Rountree, our new sewer
ordinance says that the city is responsibility for the structural integrity of the sewer until
it reaches the property line. I guess I'm inclined to think that the city has some
responsibility. Actually, in the right of way is how the ordinance reads. We are
responsible for it in the right of way. So, I think there may be some responsibility for the
city to at least get it out of the right of the way as far as the service running through and
to the site. We historically haven't been in the business of paying for or constructing
services through private property, but, again, we have never ran into this situation
either. Mr. Rountree, then, made the motion to stub -- for the city to pay to the right of
way and, then, Watson: Councilmember Rountree, if we have -- if we are doing a brand
new trunk through a subdivision, we stub that sewer out to the property line from the
main. So, I ask that] at least get the same service provided that new subdivisions get.
At this point I'm willing to hook up from my property line, however which way Mr.
Watson sees fit to bring it to -- up Linder or if they want to go through the easements
through the neighbors, through Chateau, and I'll pay for this myself from my property
line and all other expenses I feel should be paid by the city and I feel that that is in a
way being generous that I even pay for that. And so I would like everyone to think if
they were in that -- in my position, how is it fair for me to pay all that when the city
screwed up and they screwed up a long time ago. Mr. Watson told me himself that his
department is very tight fisted, he called it. Told me that on the phone. He will admit to
it. Which that's great for the city, but this here was a screw up that needs to be taken
care of because -- by the city, not by me a property owner.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Sir, do you have a-- do you have word for word the motion?
Meridian City Council
April 12, 2005
Page 18 of 58
Richards: Yes.
Bird: Read that, would you, please.
Richards: This is from Rountree. Having heard, then, that, then, the suggestion, at
least at this point, is that Meridian be responsible for the stub out to -- through the right
of way. It's a question mark. And, then, it did get approved. And I -- there was so
much talk about the property line, I left here feeling great. And from what Mr. Nary said
and the whole situation, I'm not happy with it at all and I feel that it needs to be changed.
It should be brought to my property line. As a matter of fact, I don't even think I should
have to pay to hook up to the -- the fees, I'm willing to do that, I'm willing to pay the fees
and hook up, but I really don't think I should have to pay for fees.
De Weerd: I wasn't here, so I can't add too much, but I think the four years of payments
you stated you paid, they were refunded to you, were they not?
Richards: They were. And I asked and that was a big screw up.
De Weerd: Okay. But they were refunded.
Richards: They were refunded, with no interest, and that, you know, wasn't a huge
expense anyway, but the point is is that the city thought it was sewer, have been billing
me, probably the owner before, they thought it was on city sewer. It should have been.
It definitely should have been. It's not a big enough lot to have a septic tank. There is
no room for replacement, definitely, you know, so it's a forced issue that I hook up now
and this house is not even -- it's -- I won't be doing it.
De Weerd: Okay. Council?
Rountree: Madam Mayor:
De Weerd: Mr. Rountree.
Rountree: Same as last week. It's the same information. The applicant forgot to
mention that he was reimbursed the bill and that's unfortunate. My motion last week
was that the city take care of the cost of stubbing the sewer line to the right of way line
and to be very clear, the right of way line on Chateau, and that the property owner be
responsible for connecting from his property to the right of way line and that's my motion
yet again.
De Weerd: And that's just clarifying it and there is no motion from Council to change
that or reconsider? Okay.
Item 7:
(Items Moved from Consent Agenda)
B. Approve Beer. Wine. and Liauor License Renewals:
Meridian City Council
April 12, 2005
Page 19 of 58
Vina Chinese Restaurant - Beer & Wine
De Weerd: Okay. Item 7 we moved from the Consent Agenda, which was a beer and
wine license for Vina Chinese Restaurant. Is there discussion on that? Joe?
Silva: Madam Mayor, Members of the Council, on March 11 we were out there for an
inspection at the restaurant and we advised them that they were going to have to
update their hood and duct system and to date they have not completed those upgrades
and so with the site inspection, a visit today, they had not yet completed those repairs
and we are just requesting that that be removed from the Consent Agenda as approval
for the beer and wine license.
De Weerd: Okay.
Rountree: Does that table on --
De Weerd: Well, you just asked it to be pulled and considered once that work is done?
Silva: That's correct.
De Weerd: Okay. Mr. Nary, we don't need a motion, do we?
Nary: No.
De Weerd: Okay.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I would like to -- Mr. Silva, do the owners realize that their liquor license and --
isn't being approved? Did we -- have we told them or --
Silva: They were apprised of that, that they had not -- because they had not complied
with our request to upgrade the system, they were advised of that and I made a face -- I
made an on site visit today to convey that to them.
Bird: Thank you, Joe.
Item 8:
FP 05-024 Request for Final Plat approval for 48 single-family building lots
and 2 common lots on 16.51 acres in a R-4 zone for Sutherland Farm
Subdivision No.6 by Sutherland Farm, Inc. - south of East Overland
Road and east of South Eagle Road:
Meridian City Council
April 12. 2005
Page 20 of 58
De Weerd: Okay. Thank you. Okay. Item 8 is FP 05-024. I will start with staff
comments.
Canning: Madam Mayor, Members of the Council, this is the sixth phase of Sutherland
Farms Subdivision. It is located on -- about a half-mile east of Eagle Road and a half
mile north of Victory Road. And we are getting toward the back end of the property, as
shown in the red arrows. This is the preliminary plat. As you will see, the final plat is in
substantial compliance with the preliminary plat and I had no further notes on this, other
than the gross density is about 2.9 dwelling units per acre and the net density is 3.65
dwelling units per acre and I don't have a letter from the applicant stating if they are in
agreement with the conditions of approval.
De Weerd: Is the applicant here tonight? I guess that means they are in agreement.
Canning: I think it would be safe to say they are in agreement. I can contact them and
have them -- we can find the action otherwise. It was, really, a very clean plat, so I'm
not concerned that they would have had anything.
De Weerd: Okay. Council, do you feel comfortable moving forward?
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we approve FP 05-024 with staff comments.
Rountree: Second.
De Weerd: Okay. The motion is to approve Item NO.8. Mrs. Clerk, will you, please,
call roll.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, absent.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Item 9:
Public Hearing: VAR 05-002 Request for a Variance for reduced block
lengths for Blocks 1,2 and 8 of the proposed Tustin Subdivision by SCS
Investments, LLC - northwest corner of East McMillan Road and North
Locust Grove Road:
Item 10:
Public Hearing: VAC 05-001 Request to Vacate East Manderly Lane
and a 30-foot wide agricultural easement, both being one and the same as
shown on the plat of Larkwood Subdivision, at the north boundary line of
Lot 13, Block 2 for Tustin Subdivision by SCS Investments, LLC -
northwest corner of East McMillan Road and North Locust Grove Road:
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April 12, 2005
Page 21 of 58
Item 11:
Public Hearing: AZ 05-002 Request for Annexation and Zoning of 45.88
acres from RUT to R-4 zones for proposed Tustin Subdivision by SCS
Investments, LLC - northwest corner of East McMillan Road and North
Locust Grove Road:
Item 12:
Public Hearing: PP 05~003 Request for Preliminary Plat approval of 115
building lots and 26 common lots on 44.39 acres in a proposed R-4 zone
for proposed Tustin Subdivision by SCS Investments, LLC corner of
East McMillan Road and North Locust Grove Road: - northwest
De Weerd: Thank you. Okay. Item 9. Mr. Nary, since these are variances and
vacations, should they be heard separate from the other public hearings on the
annexation and preliminary plat?
Nary: Madam Mayor, no, there is -- Members of the Council, you don't need to hear
them separately. You may need to move to approve them separately if you decide to
approve this project.
De Weerd: Okay. So, I will go ahead, Council, if there is no objection, and open Items
9,10, and 11 on VAR 05-002, VAC 05-001, AZ 05-002, and PP 05-003. So, Items 9
through 12. I will start with staff comments.
Canning: Madam Mayor, Members of the Council, this is Tustin Subdivision as you see
in the purple. It's along McMillan and Locust Grove Roads. There is Larkwood
Subdivision to the west, which is another county non-farm development. And, again,
this was the -- I think a portion of the open space associated with the non-farm. There
is -- or there are 115 single family residential buildings proposed. There is one existing
structure. You can see it down in the corner. There are 115 single-family residences
proposed and 26 common lots on 45 acres. So, the gross density is 2.6 dwelling units
per acre and that's -- that is consistent with the R-4 zoning district that they have
proposed. I would like to point out that this is not a planned development. You see so
few that are just straight subdivision plats, I feel the need to point them out to you. So,
this is just a straight annexation and zoning. And, then, there are -- or there is a
variance that I will describe in a moment and also a vacation. The minimum lots are
8,000 as required by the R-4 zoning district. Actually, the smallest I saw was 8,800
square feet and there are only some of them toward the anterior of the project. Most
vary between 10,000 and 13,000 square feet. And, then, there are a few larger ones on
the edges as you go around and one large one in particular. This one is close to an
acre in size. The ones on the perimeter toward Larkspur -- Larkwood. Sorry -- are --
wait a minute. Or is it Larkspur? Now I'm confused. Sorry. Larkwood. They are --
they tend to be the larger lots, particularly on the southern end. There is an existing
accessory structure on this one-acre lot. They have asked for that to remain. It would
need to be accessory to a building permit, so there are conditions of approval that
address that. The property is designated as low density residential on the
Comprehensive Plan and the gross density that is proposed at 2.6 dwelling units per
acre would be consistent with that. The low density goes from one to three dwelling
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Aprll 12, 2005
Page 22 of 58
units per acre. Okay. The applicant is also requesting a variance to the block length
and we have highlighted here the two blocks that require the block length variance. You
can see they are quite long. And, then, they are also requesting a vacation and the
vacation you can see is at the north end of the property. You can see the line stretching
across toward the top and I show it down here. It's just 30-foot -- it's labeled as a 30-
foot agricultural easement. The Planning and Zoning Commission heard this item on
March 3rd, 2005. They have recommended approval, all ayes, to the City Council. The
applicant's representative Ken Christensen testified in favor of the application and the --
I presented the application. That was when I was demoted to associate planner and did
all the applications that night, so I was there for that, too. The key issues of discussion
were the impact of the proposal on the existing Larkwood Subdivision to the west. I
apologize to all the residents to the west. And the sufficiency of the subdivision
common open space as provided -- and I will point that out to you. We don't have it
colored. There is -- the subdivision does meet the minimum five percent open space
that's required for a straight subdivision. The open space is on the entry road and, then,
there is a connection from this street. So, as you come in there is an open space
corridor in this area and, then, again down -- coming through here, so as you come in,
again, there is open space along the -- kind of collector road coming in and, then, it term
-- is the terminal view of this street as well. So, there is also open space along the
canal, between the two sets building lots on either side. So, there is a limit of open
space. They used it well and designed it fairly well, but it is a limited amount of open
space and that was the subject of discussion. And, then, vehicular connectivity to the
property to the north was also discussed. This stub street, in particular, was an issue of
concern. It stubs into a five acre property that is not part of this subdivision and, then,
there are, I believe, two five acre properties that -- before you get to the -- Mr. Grant's
piece of property to the north. I can show you -- here we go. Here is -- the stub goes
into this property here and, then, there is one more five-acre piece. And this is Mr.
Grant's piece. That was the subject of a former application. This is -- Saguaro Canyon
comes up along here on the -- on the east side of the subdivision. West side of the
subdivision. Excuse me. To our knowledge there are no -- or the -- there were no
changes to the staff's initial recommendation done by the Planning and Zoning
Commission. And to our knowledge there are no outstanding issues before City
Council. With that [ will answer any questions you may have.
De Weerd: Anna, you mentioned there was a question about the stub to the north.
What was the question?
Canning: The concern with the -- the property owners in the subdivision is that with this
stub street there is nothing to prevent this property owner from connecting a public
street into their private street and so that was a concern to them, having that connection
into that property. As staff, we feel it's important to have that, even if it just continues
on, before they submitted, we asked them to show how they could eventually connect
up to here, so that we could get some future connectivity. Because these properties are
fairly large, you would be able to put a road through and double front it with houses
connecting up to Mr. Grant and we had had -- I don't know if you remember when
Leeshire came in, we did have Mr. Grant move his stub street to match up with the
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April 12, 2005
Page 23 of 58
alignment that we had requested these folks show us that connection through. So, it is
possible to do that -- these are large enough and the homes are fairly close to the
street, that you could parcel off some ground for the existing homes and still have lots
going up there and providing that connectivity.
De Weerd: Thank you. Council, any questions for staff at this time?
Bird: I have none.
Rountree: None.
De Weerd: Okay. Is the applicant here? If you will, please, state your name and
address.
Christensen: Madam Mayor, Members of the Council, Kenny Christensen, 1951 South
Saturn Way, Suite 100, Boise, Idaho.
De Weerd: Thank you.
Christensen: Sure. You know, I don't have any -- anything further to add, unless you
have further questions for me to -- I would be happy to answer any questions you might
have.
De Weerd: Council, any questions?
Rountree: Madam Mayor, I -- just for the record, the current use or the previous use of
the area that's subject to the vacation, the agricultural easement, was that for irrigation
or --
Christensen: Currently this field is farmed with corn and it was a church farm years and
years ago. That road, actually, extended through some of those existing Larkwood lots
and has -- when Larkwood originally developed, they vacated it up to those parcels and
it's currently been used by the farmer that we lease to, just simply a dirt road to run his
tractor through. So, it has no future service if we are to develop it.
De Weerd: Okay. Any other questions? I guess I would. On your open space --
Christensen: Yes.
De Weerd: What is the purpose of that open space? Generally, I guess the goal for our
landscape ordinance in requiring the open space was to give neighborhoods --
subdivisions places to gather and socialize and meet their neighbors and have places
their kids could play or if you don't have kids, a place where you could go and meet your
neighbors. What is the vision for the open space in your subdivision?
Meridian City Council
April 12, 2005
Page 24 of 58
Christensen: We are a standard subdivision, so we do meet the requirements, but, you
know, I designed -- your walking path comes through where that canal will be covered.
[ don't have a pointer or anything, but --
De Weerd: There is a pointer on the podium.
Christensen: Oh. This is will be your Meridian walking path that's to loop around the
city. So, you will have a ten-foot pathway there. And, then, these are also walking
paths. I'm just looking to try diversity. [live in Vienna Woods and I know some love the
park, others do not like it, because the maintenance and the difficulties of keeping a
large park like that sufficiently maintained. What I'm trying to add here is, you know,
parks in people's backyards with the larger lots and helping -- you know, you can
actually playa football game in the back of the yards in some of these one hundred foot
wide lots. So, it's just different. I mean it's just adding diversity to the city. But it is
designed to be more of a walking flow pattern than -- but you can gather here for -- you
know, you can put a playground -- this will be large enough for a playground or some,
you know, picnic tables or gathering places right here.
De Weerd: Can you tell me where that pathway goes?
Christensen: This one right here?
De Weerd: Uh-huh.
Christensen: It goes all the way through the property to Larkwood and, then, it --
actually, there is a pathway back here, looping it back through the subdivision.
De Weerd: Because Larkwood does not have a path through there.
Christensen: Currently they do not. The property owner here did come and testify
regarding -- and had questions regarding that pathway.
De Weerd: Okay.
Christensen: And this is where the current sewer trunk line, I believe, is coming
through. also, to alleviate this Vienna Woods lift station.
De Weerd: Is there a way to take that path and kind of tie it to stub to the north, so it
has a possibility some day to go somewhere?
Christensen: We talked about that. This property owner was okay with the pathway.
They were just worried about who would maintain it and didn't want it to get trashy.
You could refer to the minutes of the Planning and Zoning meeting. But this property
owner, I think, is -- I don't know what's further to the west, though, if there has been any
provisions or if it would have to weave up through this area.
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April 12, 2005
Page 25 of 58
De Weerd: Yeah. I guess on Saguaro did we extend that pathway, since we knew
there was a county sub in between, wasn't that kind of vacated, those plans?
Canning: Madam Mayor, Members of the Council, the original Comp Plan -- maybe
Brad can go throw that up on the podium for me, if you wouldn't mind -- on the -- over
there.
Christensen: Madam Mayor, you -- I mean you could come through here and up
through on a normal sidewalk, but it won't be that ten foot wide.
Canning: The Comp Plan -- this is one of those instances where it wasn't following a
natural feature and -- Brad's going to do his Vanna White impression over there for a
moment. And you can see it goes -- it actually comes up north to this property at the
back end of the church through Lee Grant's property, up through what would now be
Arcadia Subdivision to the south end of the neighborhood center and, then, it drops
back south again to head over toward Paramount. When Saguaro was the first
development to go in the square mile -- and Saguaro, basically, brought it in about a
half mile to their -- one of their second large parks, if you remember that and, then,
there was provisions made for it to go -- kind of go on street to connect to that
neighborhood center and when Leeshire came in, we just, basically, had got in to
extend the pathway north-south. Saguaro also went east-west, because they brought
their sewer line through a very wide easement. I think it's a main and Brad can verify
that. And they did also put a walking path on top of that. So, they -- Saguaro has both
a north-south and an east-west -- the east-west does end at Larkwood Subdivision. Did
I -- I hope that answers your question, Madam Mayor.
De Weerd: Not really. Where will that pathway connect to?
Canning: Well, Madam Mayor, we have a lot of instances where we know that in the
future at some point we may need to acquire an easement or there may be a point in
time -- these lots are fairly long and narrow for four lots. Maybe an opportunity where
they may want to just subdivide once, so that they have one more building permit on
that and that may be an opportunity for the city to acquire an easement at that time. So,
there are possibilities for future redevelopment within Larkwood Subdivision or the
possibility of naming an easement to connect those at some point in the future also.
Christensen: Director Canning, a sewer easement exists currently already; is that
correct?
Canning: I don't know the exact location, but I know that -- I believe it's there, yes.
Christensen: Right there. Because my understanding the sewer line is going to come
right through here. But I do not believe it's an easement for a walkway, but just sewer at
this time. But they -- when granting a sewer -- Director Watson can further elaborate,
but you do have to require a certain distance of -- on both sides of that sewer line of no
build and no -- or certain landscaping requirements.
Meridian City Council
April 12, 2005
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De Weerd: I guess is it an option to direct at least the walkers of that pathway up the
street and possibly to the north for future development? I don't know if the people in
Larkwood would -- would want a pathway through their subdivision, you know, so we
don't want to at least end that possibility.
Canning: Madam Mayor, there is a micro-path that picks up right here and connects
back into the street system.
De Weerd: I mean it may seem odd, but I have seen subdivisions with pathways that
go nowhere and don't have any possibility to go anywhere and so I would not like to see
that trend continue. Thank you. If there is no further questions --
Canning: Madam Mayor, could [ ask the applicant for a clarification? I believe he
stated that this center one would also have a walking path and I don't see one on the
landscape plan, so I just wanted some clarification on that.
Christensen: Yes. We intend to do that, but it will not be a ten-foot wide. Most likely a
five-foot wide.
Canning: Okay.
Christensen: And the same here. Is that desirable or would you rather more
landscaping?
Canning: Madam Mayor, Members of the Council, should I -- may I answer that
question?
De Weerd: Yes.
Canning: I think that what we have heard from the development community is that if
you have those long linear open space corridors without a pathway, that they don't get
used. So, I think it would be preferable to have a five foot sidewalk within that.
De Weerd: Okay. Thank you. Thank you. Okay. This is a Public Hearing. Is there
anyone who would like to provide testimony on this application? Okay. Please state
your name and address.
Lee: My name is Grant Lee, not Lee Grant.
Canning: Oh, I'm sorry.
Lee: I'm not Mr. Grant. It's Mr. Lee, if you want to call me mister. Make me feel old.
And the subdivision is Leeshire. I just had a couple of comments. Number one is on
the stub streets. It seems that the highway department is intent on -- okay, how do you
make these things work? I need a second grader here to show me. Okay. The stub
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April 12, 2005
Page 27 of 58
street that they are requiring Tustin to put into this six-acre parcel kind of matches the
one that they are requiring that we put in. Larkwood doesn't seem to want them and it
seems like the highway department is the main impetus behind them. But please keep
in mind that if you force us to put in these stub streets, please, don't play favoritism to
Larkwood and say you're not going to get the brunt of this, we are going to shove all this
traffic into Leeshire Subdivision or you're going to shovel all the traffic from Leeshire into
Tustin Subdivision. Larkwood is not a private street, as was mentioned, it's very much a
public street. The agricultural easement along this side originally was used to give
access to these two six acre parcels, which are not a part of the Larkwood Subdivision.
Now that they have access to Larkwood, that may be one of the reasons they are
requesting vacation, but more than just a farmer's road for a tractor, that was the access
originally when all that was developed was these two six acre parcels. The two-acre
park in Leeshire, which buffered our house from the Larkwood Subdivision, and had 73
people sign our petition in favor for it, we thought was a nice park. Now, if you're going
to allow a little skinny strip in here and call that a park, call that your open space, be
very careful, if that's the precedent you want to set, because if we come back with the
same proposal, please, don't say, well, we want all your ground in one contiguous piece
and one big park. Let's see. Those are my comments. Thank you.
De Weerd: Thank you, Mr. Lee. Any questions?
Bird: I have none.
Rountree: None.
De Weerd: Okay. Thank you. Is there any further testimony on this application? Okay.
Canning: Madam Mayor?
De Weerd: Yes.
Canning: Can I apologize to Mr. Lee?
De Weerd: He was just looking for an opportunity, Anna. Would the representative like
to respond?
Christensen: The only response --
De Weerd: Just state your name again for the record.
Christensen: Oh. Sorry. Ken Christensen. 1951 South Saturn Way, Suite 100, Boise,
Idaho. The stub road, that's a requirement of ACHD, therefore, I put it there. I didn't
have much say in that. I do know that Mr. Palmer, that adjacent owner, does desire it to
be there. And Larkwood is very much against any connectivity to their cul-de-sac. They
have stated that over and over, that they do want to make that -- undo their cul-de-sac, I
should say. They want to keep that a cul-de-sac. And it is a public cul-de-sac. And,
Meridian City Council
April 12, 2005
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then, regarding the park, again, I just -- I'm trying to create large lots here, you know,
over 50 of my lots are 11,000 or greater and I'm just trying to add -- you know, we have
done a lot of PUDs with big parks, small lots, which make those subdivisions have
economic sense. You know, those people need some place to move up to and that's
kind of what my intent is, I'm trying to provide that. Any other questions?
De Weerd: Any other questions, Council?
Bird: I have none.
De Weerd: Okay. Thank you. Okay. If there is no further testimony, Council?
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we close the public hearings on nine, ten, 11, and 12.
Rountree: Second.
De Weerd: The motion is to close the public hearings on Items 9 through 12. All those
in favor say aye. All ayes. Motion carries.
MOTION CARRIED: THREE AYES. ONE ABSENT.
De Weerd: Discussion?
Bird: I have none, Mayor.
Rountree: r have none.
Wardle: Madam Mayor?
De Weerd: Mr. Wardle.
Wardle: Just a clarification from legal staff. Are these in the order they need to go in,
Mr. Nary? The variance first and, then, vacation?
Nary: Madam Mayor, Members of the Council, if you're going to take these, you
probably should do Item 11 first, which is the annexation, and then -- then you can grant
the variance -- if you're going to grant the variance and the vacation, you can do that
prior to the plat. I don't think that's --
Wardle: Madam Mayor?
De Weerd: Mr. Wardle.
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April 12, 2005
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Wardle: With that I would move that we approve Item No. 11, AZ 05-002, annexation
and zoning for Tustin Subdivision and to include all staff and applicant comments.
Bird: And include the findings.
Wardle: And to include the findings.
Bird: Second.
De Weerd: Okay. The motion is to approve Item 11. Is there any discussion? Okay.
Ms. Clerk, will you call roll.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, absent.
MOTION CARRIED: THREE AYES. ONE ABSENT.
De Weerd: Mr. Wardle.
Wardle: I would move that we approve Item No.9, V AR 05-002, variance for reduced
block lengths for Tustin Subdivision and to include all staff and applicant comments and
to approve the --
Bird: Second.
De Weerd: Okay. The motion is to approve Item No.9. If there is no further
discussion, Ms. Clerk.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, absent.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Canning: Madam Mayor, was that an approval of the findings also? There are no
findings?
Nary: I think there is just an order.
Wardle: And clarification, Mr. Attorney, on Item 10. Are there findings for that particular
application?
Nary: Madam Mayor, Members of the Council, Council member Wardle, on the vacation
we will provide a -- we will follow up with a resolution next week, so that that can be
reco rd ed.
Wardle: Okay. Madam Mayor?
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April 12, 2005
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De Weerd: Mr. Wardle.
Wardle: I move we approve Item NO.1 0, V AC 05-001, vacation in Tustin Subdivision.
Rountree: Second.
De Weerd: Okay. The motion is to approve Item 10. Mrs. Clerk, will you, please, call
roll.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, absent.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Wardle: Mr. Attorney, one point of clarification. The applicant stated that they will be
placing a five foot pathway in the open space. Do the findings need to reflect that?
Nary: Madam Mayor, Members of the Council, I think we prefer they did reflect that.
You could direct the staff to simply include that in the findings, rather than setting it over
for that, unless Mrs. Canning thinks she needs more than that.
Canning: That would be fine.
Wardle: Okay. Madam Mayor?
De Weerd: Mr. Wardle.
Wardle: I move that we approve Item No. 10, PP 05-003, to include all staff and
applicant comments and to also include in the findings the specific comment to the
pathway within the open space of the subdivision.
Rountree: Second.
De Weerd: Okay. The motion is to approve Item 12 with the clarification on the
pathway. Mrs. Clerk, will you call roll.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, absent.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Item 13:
Public Hearing: AZ 05-003 Request for an Annexation and Zoning of
76.72 acres to a R-3 zone for KinQsbridae Subdivision by Vision First,
LLC - 4070 South Eagle Road:
Item 14:
Public Hearing: PP 05~004 Request for Preliminary Plat approval for 130
single-family residential building lots and 3 common lots on 76.72 acres in
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April 12, 2005
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a proposed R-3 zone for Kinasbridae Subdivision by Vision First, LLC -
4070 South Eagle Road:
Item 15: Public Hearing: CUP 05-004 Request for a Conditional Use Permit for a
Planned Development consisting of single-family residential lots in a
proposed R-3 zone with reductions to the minimum requirements for street
frontage and request to exceed the maximum block length allowed for
Kinasbridae Subdivision by Vision First, LLC - 4070 South Eagle Road:
De Weerd: Thank you. Okay. I will go ahead and open Items 13, 14, and 15 on AZ 05-
003, PP 05-004, and CUP 05-004. I will open these public hearings with staff
comments.
Canning: Madam Mayor and Members of the Council, this is Kingsbury Subdivision --
Kingsbridge. And it is located south of Victory on Eagle Road, about mid -- midway
between Victory and Amity. And you may remember this as being here before you in
previous version, so I'm going to summarize those very briefly. The first application was
submitted in fall of 2004 and that was for annexation, preliminary plat, and conditional
use approval for a planned development. The development proposed lot sizes around
the 8,000 square foot minimum and it was for an R-4 zone and the gross density was
3.1 dwelling units per acre. Then, on September 16th, the Planning and Zoning
Commission voted to recommend denial of the annexation and the CUP to the Council
and they voted to deny the preliminary plat. It was, then -- there had been a request for
reconsideration of the revised plat. That was not acted on by the Planning and Zoning
Commission and basically everything came up to Council on appeal. Then findings for
denial were approved -- or the City Council heard the item December 14th and the
findings were adopted on January 4th, 2005, that was for denial. The reasons that the
Council stated for the denial were the amount of traffic that would use the existing
street, that being Dartmoor Street in Dartmoor Subdivision. And there is Dartmoor
Street, you may recall. That's Dartmoor Subdivision and its lots. The proposed density
was too high and it was not in the best interest of the city at that time. I n response to
City Council's denial of the previous application, the applicant has significantly modified
the -- their request. They have a lot of transitional lot sizes at the project perimeter and
you can see these as we go through. The lot sizes here against Dartmoor and, then, up
to the north are significantly larger and, then, as you go to the east you now have three
very large lots and, then, those are the primary transitional lots. The gross density is
now 1.69 dwelling units per acre. There was a net loss of 107 build-able lots from the
original submittal. I think it would actually be 108 now, because they have lost one
more lot. The requested R-3 zone is consistent with the existing character of the area,
which is rural, and the minimum lot size is 12,000 square feet. The estimated additional
traffic on the Dartmoor Street is less than 300 vehicle trips per day, based on the new
layout. The staff report was originally written on a plan that showed 130 building lots.
They are now down to 124 building lots. The area -- this is -- this is the plan that the
Planning and Zoning Commission saw. I want to point out just some changes here. If
you look on this edge here, you will see five lots and now they have gone to -- oops --
three since the Planning and Zoning Commission. The only other change is they have
taken one of the -- the last two lots here, they have added one of them back in at the
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April 12, 2005
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end of this cul-de-sac street. So, again, this is -- I do have the Planning and Zoning
Commission preliminary plat if you'd like to look at it. But from now on I think I'm going
to stick with the proposal that's before the Council. But those are the primary changes.
There is one other big change and that's -- this was a stub street -- or I mean this was a
connecting street when it went through the Planning and Zoning Commission. The
applicant has worked with the neighbors and one of the things they wanted to see was
that this be a cul-de-sac street. So, that's the other primary change. Okay. As I
mentioned before, it is consistent with the Comprehensive Plan designation of low
density residential on the entire project. You may recall that the north half is designated
as low density residential, while the south half or south portion is, actually, designated
as medium density residential and you will note that the lots are -- in general, are larger
in this area, with the one exception being the existing home site and the lots on the --
consistent with the Comprehensive Plan, the lots on the northern portion are larger.
They have submitted a planned development request for the R-3 zone. The city
requires a 90 foot minimum for non-cul-de-sac lots in the R-3 zone. They are asking for
60 feet minimum. And, then, for cul-de-sacs, our ordinance requires 40 feet and they
are asking for 30 feet on the cul-de-sacs or curved lots. The block length requirement--
again, it is an issue here. We have the 1 ,OOO-foot maximum. They do have some that
are up to 1,325 feet. So, that is part of their planned development request is
modifications to frontage and to block length. They did not request a modification to the
12,000 square foot minimum for the R-3 district. They have proposed a number of
amenities, including ten percent open space, a community park, in this location. It
shows up a little better on the landscape plan. There we go. Community park, with a
swimming pool, barbecue area, with picnic tables and a tot lot. There is another park
that contains a water feature, benches, and walking path. You will see the walking path
kind of loop through it and, then, it connects back up with the street pathway. And they
have a landscape boulevard corridor between Kingsbridge Drive and it starts here,
landscape corridor comes all the way through, crosses, and, then, continues on through
the property. And there is a walking path along the south side of the Ten Mile feeder,
so down here. And a walking path along the north boundary and, then, smaller open
space pockets, bridge and monument, and ornamental street trees. The Planning and
Zoning Commission did hear this item on March 3rd, 2005. Mr. Ken Elliott spoke in
favor of this application, as did Bob Kelse. In opposition were Brady Turner from the
Dartmoor homeowners association. Rita Becker, Bob Becker, Frank Schumaker, David
Levine, Bradford Deadman, Kava Rich, Lori Allen, Lou Moncar, David Seegmiller, and
Chantelle Krazinski. Commenting was Julie Ann Hill. The key issues of discussion by
the Commission focused on the proposed density of the development, the compatibility
of the development with surrounding properties, the transitional lot size and estate lot
size, and, then, limiting homes on the perimeter of the development to single story and
the traffic. The key Commission changes to the staff's initial recommendation were that
the applicant shall reduce the number of billable lots from 130 to 125 and they have
actually reduced it one more, so they have gone to 124 now and they were to do that by
removing an additional five lots from the southerly boundary of the development. The
applicant shall limit 22 of the 44 perimeter lots to single story dwellings. The applicant
shall -- and a lot of these were commitments made by the developer, particularly the off-
site commitments were not required by staff, they were listed as commitments of the
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April 12, 2005
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developer. And so the applicant shall construct concrete sidewalk, curb, and gutter
along the north side of the existing Dartmoor Drive and, then, they would do a painted
crosswalk from Dartmoor Drive from Gideon Place and they would do a painted stripe
delineating a pedestrian walkway along the south side of the existing Dartmoor Drive.
So, again, those were all site improvements proposed by the developer and they
consented to those being placed in the development agreement. They also indicated
that the applicant shall install vinyl privacy fencing extending along the north boundary
line and, then, either a five foot wrought iron or six foot vinyl privacy fencing on all other
perimeter boundaries. The applicant shall impose a 25-foot rear yard setback on all
perimeter lots and, then, along Zaldia Lane there was discussion about the landscape
strip there and evergreen trees being planted, as well as constructing a berm. And,
then, finally, the applicant was to pipe the tail ditch from the Dartmoor irrigation pond.
Moving onto outstanding issues before Council. I'm going to start with the ones that
were in the summary sheet and, then, I'm going to move to the letter that Vision First
has provided regarding the agreements they have come up with with the neighbors and
how -- if the Council is so inclined, how we would integrate those into findings for this
project. The first outstanding issue noted by Mr. Hood is that -- that primarily that,
really, the way the findings are written were what the P&Z had seen and had
recommended up to you, but since that time there have been significant changes
agreed to by the developer and the surrounding property owners. So, we would ask
that if you are inclined to approve this subdivision tonight, that you give staff three
weeks to come back to you with findings. That gives us time to get a complete copy of
the minutes and to run the findings by Mr. Nary. The second one is there was -- there
were a lot of conditions that referenced the southern property boundary line here along
Zaldia and Zura Lane. Or Zaldia Lane. Excuse me. And they seem to conflict. So,
staff is just asking that the applicant verify that this is, indeed, the proposed cross
section, the landscape detail that's intended. This is Zaldia Lane. This is -- the buffer
width is denoted here and, then, we have got the fence location, as well as the conifer
trees. So, this was provided as a detail that we think it would be easier to reference this
and there is some specific changes we would make to the conditions of approval. They
just -- the existing conditions talk about a five foot buffer,. in addition to a 20 foot buffer,
so we are unclear as to what the applicant was proposing or had agreed to -- with the
neighbors regarding that. Finally, there is -- okay. Finally, from the summary note --
summary sheet I want you to note that the revised plat date is March 2nd, 2005. Okay.
That's it for the summary sheet. Now, moving on to the Vision First letter, dated April
6th, 2005. I'm going to run through as quickly as I can some of the items that are in that
letter. I assume you have copies. Item number one is the definition of the single story
homes. Those numbers do reflect the new -- or do reference the new plat. So, we
could incorporate those into the condition of approval, although we would recommend
that they not be notes on the plat. Regarding the fencing, we can add that as a
condition of approval through the development agreement and the preliminary plat,
which was number two. Number three, it states that Vision First shall impose a 25 foot
rear yard setback. That is the prerogative of the developer to do that on the final plat if
he chooses. We could look for that. That would not be a -- I would recommend that
that not be our condition, but that they be required to do that through the CC&Rs or
through the development agreement, rather than us requiring that on the plat. And
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April 12, 2005
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that's just John Priester with Ada County, discussion that we have had before and that's
all. Regarding Item number four, this is the landscape strip that I had talked about. I
have talked about that enough. Item number five references the same thing. Item
number six regarding the South Spruce Way, shall be redesigned to terminate in a cul-
de-sac and I mentioned that briefly before and that this is the new cul-de-sac lot. I did
want to offer a suggestion to the developer and the Council that there is -- there is not
much area here and I'm a bit concerned that people might decide to just go four
wheeling over ten feet of grass and pop into the -- I don't think they would do it on a
regular basis, but I think that the homeowners would find that a rambunctious teenager
every once in awhile was doing that. What I would recommend is that they could pull
this subdivision -- this cul-de-sac back to approximately here and, then, leave a
pedestrian easement, a micro-path that connected to this common open space and on
this second cul-de-sac I would recommend -- there is only three lots that take access
from it. I would recommend that they actually use, instead -- use a common drive, so
that the street would just kind of come like this and make a gO-degree turn and go up.
So, I think that would be -- I think the way it's designed there is more asphalt there than
we probably need and we could open that up for open space, rather than the roadway
there. Regarding item number seven, it was -- we can add that. It's about additional
landscaping along South Maryvale Way and we could modify preliminary plat condition
number seven to accommodate that. I do believe they state something about that --
that it would be included in the development agreement, but it would only really need to
be included in the preliminary plat. The landscape, specifically, for that. Regarding item
number eight, which talks about a weed eradication and maintenance program, we
could add that to the development agreement. We are not sure what we would do if
they didn't meet it. It may be more appropriate in just the CC&Rs. On number nine it
talks about entitling certain properties to re-subdivide, so that would not be appropriate
for the city to include anything about those -- about those properties at this time. That
would be a separate application before Council -- or Planning Commission and Council
at a later date. Okay. And the other ones, I believe, have already been incorporated
into our conditions, but they are asking that it be modified. So, these would be
modifications to the existing commitments that I just spoke about before. The ones
regarding Dartmoor Drive, it looks like they are getting sidewalks along both sides of
Dartmoor Drive. And, then, there is clarifications about some of the -- some very -- it
says that a vinyl fence would be constructed at the homeowners discretion. Just from a
staff point of view, we need to know that we are looking for wrought iron, vinyl fence,
and if we see wrought iron, we are not -- we don't want to be put in the position of going
to have to ask the homeowner if it's the fence they wanted there. So, we are going to
assume if there is a fence up, that -- that that meets that condition of approval. So, we
would just ask to be allowed to word the condition of approval that way. We would
basically take out at the homeowner's discretion. That would have to be done before
the fence was built. And, then, on three, we could change the existing condition
regarding the headgate on the new inlet to control water flow into the pond and on item
number four we could add that to the development agreement, that the preliminary plat
be included. I believe that that is a standard item that is placed in this development
agreement is to have a copy of the preliminary plat, but we would do that. With that, I
will answer any questions you may have.
Meridian City Council
April 12, 2005
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De Weerd: Council, do you have any questions?
Bird: I don't think so, Mayor.
Canning: And, of course, I forgot something. These are the -- the applicant has
proposed four elevations for homes in the area. These are three of the homes and,
then, this is the kind of look that they want to achieve in the open space area.
De Weerd: Okay. Thank you, Anna.
Bird: Madam Mayor?
De Weerd: Yes.
Bird: I do have a question.
De Weerd: Mr. Bird.
Bird: Anna, I didn't hear you clearly when you was saying about you didn't want the lots
that were going to have one story on -- noted on the plat -- on the final plat. Is that right
or did you say they would be noted on the final plat?
Canning: We have been trying to trim down final plats to surveying items, rather than
trying to put planning items on there. However, if it's a commitment by the developer,
which it is in this case, as would be the 25-foot setback, then, that's certainly a
mechanism for him to use to meet his -- meet his commitment with the neighbors.
Bird: Madam Mayor, I'm one person that believes the more we get on the final plat, the
better we are. We have been hung out to dry two or three times, because of stuff not
being on the final plat. Mr. Watson knows this, that -- and we have been out -- so, I
believe anything when you got exceptions and stipulations that they should be on a final
plat, so that everybody can see them and there is no excuse for going against the will of
the final plat. If they are not on there, if they are a note or something somewhere, they
might -- the builder -- the owner might never see it and when the thing is built, then, we
wind up buying something, so I -- I'm one that thinks that the final plat -- all those
exceptions and stuff should be marked right on the final plat, so they are not missed.
De Weerd: Okay. Is the applicant here?
Elliott: Good evening, Madam Mayor, Members of the Council. My name is Ken Elliott,
I'm the representative for the applicant Vision First, LLC. Our address is 661 South
Rivershore Lane, Suite 120 in Eagle. Just one typo that I noted on the agenda packet.
In the staff summary it discusses three common area lots. There are, actually, 35
common area lots in the project, rather than three. So, I wanted to point that out. It's
good to be back here this evening and I'm particularly gratified, because we have good
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April 12, 2005
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news to report to the City Council and we would -- we would hope that you would be
pleased with the efforts that the developer and the neighbors have made to resolve
some pretty thorny issues that had us far apart at previous hearings before the city. I
want to say that we have learned a lot through this process, beginning last September
with the Planning and Zoning Commission, particularly through meetings with the
neighbors and the comments that we received from the Mayor and the City Council at
our appeal hearing in December. As a result that input and follow-up meetings with the
neighbors, the project has dramatically changed as the staff report notes from the
preliminary plat presented to the Council on appeal in December and as a result of
these changes I'm happy to report that we have reached an agreement with adjoining
property owners, representatives of basically all the adjoining subdivisions. We have a
settlement agreement with the Dartmoor homeowners association and with the
designated representatives of the Golden Eagle Estates, which is the property to the
north, the Bridlewood Subdivision, which is the property to the east, and the Coons
Hollow and Zaldia and Zura Subdivisions to the south. We have just literally right before
the hearing signed the final version of the settlement agreement and presented it to the
clerk and I believe that you may have copies of that in front of you now. You will see
the agreement is signed. It's, essentially, the same agreement that was submitted to
you last week as part of the agenda packet, with the exception of the items that are
referenced in my letter dated today that's in this little supplemental packet that I have
distributed. In response to concerns raised by the neighbors, we added the clarifying
language to paragraph eight of the settlement agreement and, then, paragraph four of
the proposed provisions of the development agreement to clarify that the perimeter lots
that you see on the plat will remain, essentially, as is, except for minor lot size
adjustments as may be needed as we build out the project We will not be doing
anything to increase the density from what is now shown or increase trips -- as a result
of the project vehicle trips and we are prepared to note these provisions on the plat and
in a set of record covenants and in a development agreement with the city. So, we are
really looking at the settlement agreement that you have before you tonight signed for
the first time for a lot of additional conditions of approval. I want you to know the
applicant has agreed to all of those conditions of approval and we would ask the City
Council to approve the settlement agreement terms and conditions and to the extent
that staff and the city attorney recommend, we would like to have those incorporated
both as conditions of approval for the orders adopted by the City Council in a
development agreement between the developer and the Council -- or and the city. I
have also given the City Council two charts in this follow-up packet tonight that we also
presented the first chart, which is the second to the last page of your packet, to
Planning and Zoning just to show how dramatically the project has changed since the
original submittal last September. We have, basically, cut it in half from 237 lots down
to 125 at P&Z, now we are down to 124. We have more than doubled the average lot
size from 8,400 to 17,200 square feet We have increased the minimum lot size from
7,000 up to 12,000, which puts all the lots in compliance with the R-3, the medium
density rural residential zone in the city code. The range of lot sizes has increased from
a low of 7,000 up to that low of 12,000 and at the top end they have gone up from 19
plus to 33,000 plus before the Planning and Zoning Commission. If -- Craig, if we could
switch to the next chart. . We have a few additional changes that reflect the terms of the
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April 12, 2005
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settlement agreement entered into last week with the neighbors. As Director Canning
mentioned, we are down to 124 lots now. That gives us a slightly higher average lot
size, a slightly lower gross density per acre, we are down to 1.62 dwelling units per acre
now, which is well within the lowest zone called for in the city code, which is R-2. Our
high end lots at the very top along the northeast boundary are 36,414 square feet, over
three-quarters of an acre. Our trips are -- we just estimated with the loss of one more
lot ten fewer trips, we are saying less than 300 will go through Dartmoor and we have
particularly paid attention to the -- both the neighbors and the City Council's comments
on dealing with the transition from the perimeter rural residential lots. If you could go
back to the previous chart, Craig. You see we have cut the lots along the north
boundary from 22 down to ten. Lots on the eastern boundary from 16, now that's down
to nine -- or, rather, six. I'm sorry. Lots on the south boundary are just up one, because
we added the one lot on the southeast cul-de-sac. So, that's nine. And the ones along
Zaldia Lane have been cut in half from 12 to six. So, it's a dramatically different project
than the one both Planning and Zoning and the City Council rejected last year. And we
are very happy to report that we feel we have reached an agreement with the
neighboring property owners and we can all get behind. Several of the Councilors at
the December hearing mentioned that you view our property more as an island of
potential urban use surrounded by rural development, in contrast to the more typical
situation of small pockets of rural development that get swallowed up by the city as it
grows out and we have certainly come to appreciate that our site is uniquely situated,
because of the large number of cluster rural residential lots on all the boundaries and as
a result of the Council's direction, that's the development that you see before you
tonight. I just would like to address just a couple of specific design items. We have --
we have provided for the landscape buffer that was shown in the staff report. We are
committed to that cross-section. I believe the confusion that staff saw in our discussion
was that we are suggesting that the utility easement for the clay pipe that we are going
to install along the north edge of Zaldia Lane be reduced to 15 feet with the pipe
centered -- or off-centered there where the circle is shown, five feet north of the right of
way boundary, so that we can maintain the five feet on the north side of the 20 foot
buffer to put the conifer trees in without having trees planted within the actual Nampa-
Meridian district easement. We understand that -- from our discussions with the
irrigation districts that no one really wants to do much with this water, other than to
make sure it collects from three existing open ditches on properties to the south, they
just want to make sure that it gets back into their system and we are going to do that
through the use of an underground pipe that will connect northerly, then, into the main
line in the middle of our property. So, we are quite confident that they will agree with
this concept of a 15 foot easement with the trees installed on the north five feet. That
was at the request of the neighbors to the south, so that we would have a better
landscape buffer outside of our vinyl fence, so that we'd have additional screening for
those folks to the south, rather than having trees installed on the inside of the
backyards. We are also putting them a lot closer together. They will be 20 feet on
center, rather one three per lot as we had proposed originally. We are maintaining a
very very shallow grade at a four-to-one slope up to the top of the berm. We will get up
to five feet there and, then, have the six foot vinyl fence on top of the berm and a
somewhat steeper three-to-one slope on the inside of the backyards for the -- the six
Meridian City Council
April 12, 2005
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lots that are on our project. Secondly, we are in agreement for the single story lots
around the perimeter of our project. The blue houses illustrate the existing houses in
the close proximity and, then, we have the 22 lots noted there with the red squares, with
one exception and that is the very southerly line of our project along Zaldia Lane you
see the four blocks, we have agreed to move that -- that row of four one lot to the east
in response to the Schumakers and the DeAngeles concerns for maintaining a view
corridor to the northeast up to Bogus Basin. So, rather than lots four through seven as
shown on this diagram, the lots five through eight will be restricted to single story
homes. Just a final comment that we have made before and that is we think this --
despite the surrounding constraints with the rural development and the need to respect
that and make a good transition, we do feel that this is the right project in the right place
at the right time. The map you see there was current as of last December. At that time
705 new lots had been approved south of Overland in the pink areas by the city. The
brown area is the boundary of Silverstone and EI Dorado, the two business parks that
front on Eagle Road and Overland Road. And we really think that that location is in the
process of becoming a major employment center, a dynamic job center, probably will
become the greatest one in the whole Treasure Valley and we think that will create
need for more housing south of the freeway, rather than having all the new housing
north of the freeway and that's why we want to be where we are. With that said, I would
just request the Council's consideration of the applications. Maybe I can point out just
one more quick item. We have got that color board diagram just for clarity on the lot
sizes. The very darkest gray are over 21,000 square feet. So, we, essentially, have
half-acre lots on the perimeters of the Palfreyman tract, the north. The darker greenish
gray that you see at the southeast corner and, then, on several lots on the land south of
the canal, are between 18,000 and 21,000. The yet lighter gray that is most of the lots
adjoining land to the south are all over 15,000 square feet, they are between 15 and 18
and only in the interior of the project do we get down to the 12,000 square footers,
which are the minimum permitted by the R-3 zone. So, we feel we have done an
effective job of creating that transition, particularly, as the staff pointed out, you will note
that the rectangular block on our far northeast corner has been converted from five lots
down to three lots. So, we thank you for your consideration and I'm prepared to answer
any questions.
De Weerd: Thank you. Council, do you have any questions?
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: Mr. Elliott, you provided us I think the most recent copy of what's called a
Settlement Agreement dated the 12th and you indicated it had been signed by all of the
homeowners' representatives. The copy I have is not executed by the Golden Eagle
Estates folks.
Elliott: Right. Golden Eagle -- Lori Allen signed the previous version and she's out of
town tonight, so we will follow up, get that signature, and submit it.
Meridian City Council
April 12, 2005
Page 39 of 58
Rountree: Thank you.
De Weerd: Mr. Wardle.
Wardle: Madam Mayor. Anna, could you put up the landscape plan?
Canning: Yes, but it will take a moment. I need a keyboard, too.
Wardle: Mr. Elliott, my question is specifically related to a staff comment and that is
about the cul-de-sacs and I'm wondering your thoughts on the changes that staff has
made and, then, I notice in item number eight in your agreement that you have agreed
not to make any changes to the final plat dated April 5th and so, not being an attorney, I
wouldn't want to make a determination as to whether that constituted a change or not,
so if you could comment on that.
Elliott: The language in the settlement agreement is directed to the number of lots and,
then, also the size and configuration of all the perimeter lots, which would not be
affected by staff's recommendation. I did think of just one more point in response to that
staff report. In paragraph nine Director Canning mentioned that it relates to really
subdividing the lots and so it wouldn't be appropriate to impose such a condition now.
The re-subdividing we are talking about are the changes that we have already made to
the easterly lots and that are reflected on the April 5th preliminary plat. So, the -- we
have added one lot at the southeast corner and taken away two at the northeast corner.
So, that's -- that's the only re-subdividing. And we would -- we would be certainly
interested in exploring the conversion of part of those cul-de-sacs to a narrower
pavement width to create more open space, as long as we still have good access to all
those lots. I think it's a great idea. It will allow us to make the park a little bigger.
Wardle: Thank you.
De Weerd: Well, since I didn't hear anyone else say it, I have the sign-up sheet in front
of me and I'm amazed at how many moved from the middle column to the first column in
support of and I would commend the neighbors and the developers to working together
and finding a compromise. This just really slows you the value of working with the
neighbors and creating something that is going to be an asset to that area. So, I would
like to commend all of you for working together and finding something that you could all
agree on. It's very impressive.
Elliott: We are very pleased as well.
De Weerd: And, you know, we sawall the people and until I saw the sign-up sheet I
wasn't quite sure what we were going to experience tonight, so--
Bird: Madam Mayor?
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De Weerd: Mr. Bird.
Bird: I'd like to commend the developers. I mean they have went back and everything
we asked them to do, they went back and they got together with all the neighbors and
they come back with a plan with the density that we had basically told them we wanted
and I commend you for doing that.
Elliott: Thank you very much.
Bird: And I appreciate that and I think the whole Council and the Mayor just stated how
she felt, that -- and this is something that really helps when you're going into
development in tough areas and I thank you very much for doing that.
Elliott: Thank you.
De Weerd: Thank you.
Canning: Madam Mayor?
De Weerd: Yes.
Canning: I did need to point out a couple things. Just one. Mr. Inselman just notified
me -- he was looking at that condition about the changes to Dartmoor Drive. That is a
public street, so he would ask that if we are considering those, we need to keep in mind
that those would be subject to approval by ACHD, those roadway changes for Dartmoor
Drive.
De Weerd: Okay. Thank you. We do have a list here. If you would desire to provide
testimony when I call your name, certainly you're welcome to come up and speak your
mind. I will indicate whether you're for or against and so when I read your name if you
would like to provide testimony, please, come forward. We have Bob Becker for. Okay.
Tim Wallace for. Sharon and Jeff McKee for. I'm sorry, I can't read the other -- it begins
with a Band -- he mentioned for. And Mr. Johnson. Daniel. Daniel Johnson signed up
for. Brady Turner for. Okay. If you, will, please, state your name and address.
Turner: Yes. Good evening, Madam Mayor and Members of the Council. My name is
Brady Turner, I reside at 3678 South Caleb Place in Meridian. I have been asked to
speak on behalf of all but one of the Dartmoor homeowners this evening and that one
homeowner will speak on their own behalf tonight. As I was preparing to speak this
evening I was reflecting back over the last year of all that the homeowners have been
through. I realize that there is a loss to some degree of the rural feeling of our
neighborhood. However, growth in the Treasure Valley seems to be inevitable and if we
thought otherwise, we are either very naive or we haven't been paying attention and
observant of all the development that's going on in the past several years. We have
enjoyed a rural lifestyle now for the past ten years and, like many people, we wanted to
retain that for as long as possible. But, you know, as the song goes, you can't always
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get what you want, but if you try sometimes you just might find you get what you need.
With your help we have reduced the density of the development to be more compatible
with the surrounding properties. We have been working very hard behind the scenes to
reach a workable compromise with Vision First and we believe we have been
successful. If the Council agrees tonight to incorporate the terms of the -- that the
homeowners and Vision First have negotiated in our settlement agreement into the
applicant's conditions of approval, development agreement, and final plat, our most
important needs will have been met, including giving the homeowners transition
between our lower density and Kingsbridge's higher density, protecting our views of the
surrounding mountains and maintaining a more open feel by limiting some perimeter
lots to single story homes and I would echo Councilman Bird's comments about placing
those notes on the plat. Our intention there was to make that -- those restrictions as
clearly visible to potential buyers and developers as possible. Getting the homeowners
of the Dartmoor and Kingsbridge homeowners needed safety for pedestrians walking
along both sides of the existing Dartmoor Drive, protecting the quality and quantity of
our irrigation water for the Dartmoor homeowners. Significantly reducing traffic along
Dartmoor Drive with the addition of the cul-de-sac on South Ivy Bridge Way and we also
are willing to explore the recommendations from staff in modifying those cul-de-sacs.
And hoping to insure the valuation of our homes will not be adversely impacted by
increasing the minimum square footage of the homes from Kingsbridge. The original
plat called for minimum square footage of 1,800 square feet. That has now been
increased to 2,000 square feet for single story homes and I believe 2,400 square feet
for two story homes. Madam Mayor, Members of the Council, it's now up to you. If you
choose not to incorporate the terms of the settlement agreement, as both Vision First
and we have asked, then, we feel we must continue to oppose the development.
However, we truly hope that this will not be the case, that you will incorporate the terms
of the settlement agreement, then, 14 out of the 15 homeowners in Dartmoor will either
support or no longer oppose the Kingsbridge development. I thank you for your time
and consideration.
De Weerd: Thank you very much. Any questions?
Bird: I have none, Mayor.
Rountree: No.
De Weerd: Thank you. Bev Bertell. Okay. For. She stated for. Troy Quick for. Ron
and Jean Marie Patton. For. Okay. Thank you. Christy Quick for. Renee Rule for.
Tammy Cook did not indicate. For. Okay. Rick Stott. Against. Would you like to
provide testimony?
Stott: I'd like to -- Rick Stott, 3604 Caleb Place. If we could get the plat -- either that
nice pretty graphic one that Mr. Elliott had up or the total plat, that would be great.
There you go.
Canning: This one? Will that one work for you, sir?
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Stott Yeah. That's fine. Yeah. You bet. I hate to be a fly in the ointment to this
lovefest, but there is a couple of issues that have been a concern on my mind and have
been largely ignored in this process and both of which I expressed my concerns in the
original meeting, some of which -- some of the concerns I expressed previously have
been addressed through single story homes, but just kind of a summary and a reminder,
my property is this right here and there is probably no other property owner that has
anymore of a problem with this subdivision as far as impeding potentially views of
beautiful mountains and taking away just openness of it, because of the elevation. This
right here where my back porch is is at least six feet lower than this point right here and
in the original -- in the original proposal -- and I have it right here, but in the original
proposal --
De Weerd: Do you want to give it to staff, so they can put that up on the screen?
Stott As you can see on the original proposal, my property is right here. The original
proposal had an open area in that back corner, which allowed for some access or some
open vistas from my property from my backyard across there. More importantly -- and
maybe equally important, is the fact that currently there is an irrigation canal that
farmers had put in place that runs kind of through this area through here and those of
you that have been farming, like I have for -- since] was a kid, knows that a farmer is
going to put it on the very highest point of that irrigation canal and so the ridge of this
property -- entire property starts back over here, comes through the middle of the
property, he irrigates on both sides, and, then, comes down, because this point right
here is the very lowest part of the entire property and the original plat put that retention
pond in the right place. The concern that I have is that all of these properties -- there is
-- the irrigation canal comes here and the current property owner has allowed me to rent
this property through this area here for quite a number of years, because they can't farm
that without flooding my property. They can't irrigate it, they can't do anything with it.
And so all of these properties on the original -- now, if you would go back to the original
-- the current property. All of these properties right here, the natural flow is this way.
De Weerd: Mr. Stott, can you, please, summarize.
Stott: Oh. Yes. The point being is that the appropriate place for that irrigation or that
catch basin is here. It not only opens up the views, but it also is an appropriate place.
This is where it is right now, a higher place in the total property. And by switching,
which I proposed and the Dartmoor -- most recently in the last couple days, has
proposed, which was rejected by Mr. Elliott, to move this open area, which is their catch
basin, to here to the lowest place of the property, serves two purposes. The second
issue is that all around this perimeter, on 90 percent of the perimeter, except for right
here, there is a buffer zone and there is no buffer zone here at all. And it's a -- and so a
combination of those two things make it pretty onerous and so -- anyway, that's -- other
than that, I compliment all of the organizations and the progress they have made. It's
been terrific. They have done a great job at putting together and trying to accomplish,
but as the -- one of the board members of Dartmoor Subdivision told me last night, they
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April 12, 2005
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negotiated this deal not based upon individual needs, but for the multiple good. I
understand that. But I also understand that the government is for -- to be ruled by
majority, but also protect the rights of individuals. So, I'm coming before you this day to
ask for some consideration in this matter in that particular one instance. With that I
would support the subdivision.
De Weerd: Thank you, Mr. Stott. Any questions?
Rountree: I have none.
De Weerd: Michelle Stott. Okay. Rex Cook also for. Okay. If someone didn't sign up
on that sheet, rather than compare, is there anyone else who would like to provide
testimony? Okay.
Becker: My name is Lisa Becker, I live at 3421 South Zelatir on the eastern side of the
property. I personally wanted to thank Wayne Henkleberg for coming in at the last
minute to mediate this agreement. We really do appreciate the efforts that the
developers have made. They have been able to give us three transition lots along our
five-acre property, which made all the difference in the world in our ability to support this
development and we understand that there is no ability to re-subdivide those lots, so we
do appreciate that. The only comment I have is the fencing. I talked with our neighbor
Daniel Johnson and we believe that on the eastern side there we'd like the iron fencing
to preserve the rural character of the area, rather than vinyl. So, we will just let the
developer know that. And the only thing -- we have one more request and that's that we
would like a key to the pool.
De Weerd: I think I would, too. Thank you. Is there anyone else that would like to
provide testimony?
Schumaker: Yes. Frank Schumaker, 3497 Zaldia Lane.
De Weerd: Thank you.
Schumaker: I would like to ask the developer if he could, please, define a one level
house. Does this include living area over the garage or does this include just living area
on the main level only? Thank you.
De Weerd: Thank you. That's a good question. Is there any further testimony before I
ask the applicant to have the final remarks?
Canning: Madam Mayor, jf the applicant is on his way up, I just wanted to comment --
because of the comments that Brady -- and, I'm sorry, I forgot your last name -- made
with regard to them only supporting this if the city adopted all the agreement -- or terms
of the settlement agreement, I did want to point out staff was proposing that we not
implement a couple portions. One was the weed eradication and, then, one regarding
the fencing, that we would look for wrought iron or vinyl fencing, but that we may not
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know what the homeowner's discretion was in that matter. So, those were just -- I just
wanted to make sure that the applicant could address those and -- and I had one final
thing and I don't mean to confuse the issue, but I did want to point out that the unified
development code that's coming before you soon, presumably, is not proposing an R-3
district. The standards that this subdivision has been designed to are the R-2 standards
for the future ones. I would like a statement from the applicant that he understood that
and they have, but I would just like to get on the record that he's aware that we will be
proposing to change the zoning from R-3 to R-2 and if Council decides to approve this
plan, this would be far more R-3 lots than we have anywhere else in the city. So, I just -
- I just wanted to get it on the record was all. And I'm sorry to confuse things.
De Weerd: Okay. Okay. Yes, sir. If you will, please, come and state your name and
address.
Deadman: Bradford Deadman and my wife and I reside at 3644 Zaldia Lane. The main
thing that I popped up for after saying that I was already in agreement with what you
said early by complimenting the developer was working with the neighborhood, that still
holds true. That's the most important thing that I think has been said tonight. The only
thing that I think repeatedly came up among the Zaldia folks with regard to our
discretion on fence preference, regards whether or not the common area identified by
the Ten Mile feeder canal is -- if the developer is required to put perimeter fencing on
the southerly border of that canal, we would prefer wrought iron, so that we are not
looking at a vinyl fence right at the base of our -- at the end of our properties. However,
if they are not required to fence the southerly side of that canal and they are only
required to fence behind their properties, that's a little bit different and that's where
opinions vary. So, a lot of it has to do with what the city determines to be the proper
placement of that fence, whether it's dead on the perimeter of what they are counting as
their common area or if it's only on the northerly bank of that canal.
De Weerd: It's on top of that berm.
Deadman: No, it's got nothing to do with the berm. I'm addressing the canal, please.
De Weerd: Oh. Okay.
Canning: It's that the same detail?
De Weerd: I thought that was the south side.
Deadman: That's the south side of Zaldia Lane, but I'm referring to the main feeder
canal that's -- I'm not seeing a picture of the whole subdivision here.
De Weerd: No. One more.
Deadman: Go up to -- do you have the color one? The color diagram? There was a
picture with a full color detail -- there we go. Okay. The canal is the southerly edge
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here with these four or five acre plats. Now, if the developer is required to fence on the
southern border of that canal, we would prefer wrought iron. If they are required to
fence only the base of each of their individual identified home sites, that is the northerly
border of that canal and, then, that's where opinions vary, because that fencing
probably should be a private type of fence and be, you know, a vinyl, but none of the
property owners along Zaldia would like to look at a vinyl fence right on the back of their
property line, between them and the water feature that we all bought into by bordering
our properties on the canal. That's my main point.
De Weerd: Anna, why is this -- while he's up here, do you want to say what our
ordinance suggests? And that's on the property line.
Canning: I think the issue here is that they have both sides of the property -- or my
understanding is they would just fence the back of their lots, that they wouldn't have to
be required to do another fence on the south side of the -- but there seems to have
been discussions that might have gone on already with Nampa-Meridian Irrigation
District, so -- Mr. Elliott is looking at me like there might have already been discussions
regarding this, so I'm going to let him give more definite --
De Weerd: Okay. Since you have not testified, yes. Boy, we got through that list really
quick, now we are just going at it again. Please state your name and address.
McKee: My name is Sharon McKee. I live at 3895 South Gideon in the Dartmoor
neighborhood.
De Weerd: Thank you.
McKee: I have been a primary negotiator with Vision First in making this agreement
happen and I hear Anna discuss two things and I understand their concerns, because
it's about them going to the neighbors and finding out what the neighbor wants. I would
like to ask you that we are kind of in a gentlemen's agreement at this point that I can go
to all the neighbors and find out and help Vision First conclude, so that Planning and
Zoning and staff have the finality of what the fences are, so it's not so abstract in their
actual agreement and we can get it definitive and I'm sure Mr. Wayne Hinkleberg will
agree to me accomplishing that task for him, won't you? And, then, the other condition I
heard her say was the weed eradication program. I have to say that's a great passion
of mine, because my property is consistently destroyed by those noxious weeds behind
my house and I guess I would like to suggest that weed eradication program, how would
they enforce it? While I don't necessarily expect them to enforce it, but I think all we can
expect from the developer is to put a system in place, say like a contract, this is our
weed eradication program and hand it over to the homeowners association and, then,
that can be, again, defined as being a definitive parameter that they just have to check
off their list. So, it's -- what she's objecting to, if I heard her right, is things that are
obscure in our contract and, believe me, this has been a -- not an easy process and
there are some things that need further clarification and I'm quite sure, even if you
choose to approve this tonight, that myself and a few of the key people can continue to
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work those issues out with Vision First in terms who wants what fence, where, and what
type. If that's okay with you.
De Weerd: Thank you.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I have a question for the young lady. Can I get an answer?
McKee: I'm sorry.
Bird: Maybe the gentleman before, but -- that lives up next to that. Do you have
fencing now, other than just agricultural fencing along the -- just barbed wire? I can't -- I
don't know why we would want to require them to fence the south side over there. You
wouldn't want -- I don't think you want two fences. I don't know if Nampa-Meridian will
let you have two fences like that and I certainly wouldn't want my backyard fenced into
the canal. So, I think it's going to have to be the fencing on the north of each place and
just leave the -- but I don't think Nampa-Meridian is going to let you fence both sides.
De Weerd: We can't -- Mr. Bird, don't talk to the audience.
Bird: I was talking to her.
McKee: I found a pair of glasses, if that helps. Did you have a question for me?
Bird: I was just asking about the fencing and I got my answer.
McKee: Thank you.
De Weerd: Yeah. Thank you for providing him that answer.
Bird: I appreciate that.
Rountree: What was it?
Bird: Barbed wire.
De Weerd: Okay. Would the applicant like to come up and respond to a couple of
these items and --
Elliott: Thank you, Madam Mayor, Members of the Council. Again, for the record, I'm
Ken Elliott on behalf of the applicant. A couple of quick responses and, then, I'd like to
also have our engineer respond to the drainage question that Mr. Stott raised. I would
like to point out to the Council, though, that Mr. Stott's correct, we originally did have our
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storm detention basin in the northwest corner. We moved it after the Planning and
Zoning hearing last fall in response to Mr. Stott's testimony in opposition to having it
against his back fence. He said there would be mosquitoes, there would be stench,
there would be the possibility of it overflowing in a hundred year flood event and
flooding onto his property. So, we intentionally moved it to the interior of our site. As
we have now reconfigured the streets, it turns out it's in a much better location for
engineering and storm detention and control reasons and Gordon Bates, our project
engineer, will address those. But we are retaining all of our storm drainage on site, as
required by the code. We will be grading the perimeter lots in a way that they drain to
our streets and, then, the storm water is picked up in our streets and retained on site.
So, the reason for no buffer on the west side abutting Dartmoor as this project has
evolved, those were originally the largest -- and still are among the largest lots in the
entire project. So, we agreed to the single story houses and a 25 foot rear yard setback
to accommodate the views that the Dartmoor neighbors wanted to preserve and, then, a
solid fence, so that they wouldn't have to look into our backyards. So, we think that we
have -- we have done what we can. We have reduced the number of residential lots
along that boundary from six down to four. So, we now have four half-acre lots abutting
against three one acre lots and we think that's a fairly good transition. Again, I'll let
Gordon Bates address the engineering reasons for having the storm retention on the
interior of our project. On the fencing there are some perimeters that haven't been
settled and we are -- as Sharon McKee suggested, we will work that out with the
adjoining property owners. We have a general statement in the settlement agreement
that we will -- we will abide by a consensus of the wishes of those owners. We don't
particularly want to put two fences up along the canal. We own the canal. That's part of
the fee ownership that we purchased. It's subject to the Nampa-Meridian easement, but
the 60 foot strip along the south part of the Palfreyman field is part our land. So, we'd
like to do something that meets the requirements of Nampa-Meridian, while also abiding
by a consensus of the adjoining owners. That's all. If I could invite Mr. Bates to talk
quickly about storm runoff, I'd like to --
Bird: I want to ask him a question.
De Weerd: Mr. Bird has a question.
Bird: Okay. Let's get the height on these single story houses --
Elliott: Oh.
Bird: -- settled right now, because that has -- the city has ran into problems with that
before. Do we -- you know, what is the height with a bonus room? A bonus room, in
my interpretation, is that it's -- with a bonus room it's still a single story, but you get the
heights up, so what kind of height do we want to settle on? I think that's only fair for
these people around -- for the neighbors. Let's get a height settlement as to what a
single story on the exterior is.
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Elliott: Madam Mayor, Councilor Bird, we are prepared to stipulate to no bonus rooms.
We meant what we said when we said single level and we are prepared to say that
there won't be any bonus rooms over the garages. We would like to preserve the right
to have the tall type cathedral ceilings and roof lines the way other single story houses
in the area have, but we can add to the provision in our CC&Rs where we talk about
single story saying -- and that means no bonus rooms on a second level.
Bird: But these are -- excuse me. Go ahead. You can take -- without a bonus room
you can be taller by the pitch of your roof.
Elliott: That's correct.
Bird: So, you have got to have a roof height, a maximum roof height on a single story.
don't know what it is.
Rountree: It's in our ordinance.
Bird: It's in -- our ordinance -- it isn't in our ordinance.
De Weerd: Mr. Nary, could you see if there is any mention to roof height on our
ordinance?
Canning: Madam Mayor, Members of the Council, our building height for -- is measured
differently for different types of roofs. For a standard pitched roof it's measured midway
between the peak and the eaves. Our standard for the zone is 35 feet, though, so --
Bird: Is what?
Canning: Thirty-five feet. It's the standard height.
Bird: For a single story?
Canning: No. That's just for the zone. That's all we have, is what I was trying to say.
Bird: Well, see, that's what I thought. You know, 35 feet, that can be two stories easy.
De Weerd: Quit talking to the audience. Dean is going crazy over there.
Bird: But you got -- you got a 35-foot max in our zone. We need to set something on a
-- what kind of pitch, how big -- the pitch makes -- I mean you can have a single story
house and I suppose you could get -- there is -- you know, there is cabins and stuff up
where there is a lot of snow, it's probably 35-foot tall, because of the pitch they have
and the open ceiling. I don't want to have a problem like we had a couple years ago. I
want -- if this is a big problem with the neighbors -- and I think it is -- I want a height set
on what a one story building on the exterior can be. And that's from grade to top of roof.
Top of pitch of roof. Of the crown.
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De Weerd: I guess the problem we had before was not necessarily the pitch, it was the
bonus room, so --
Wardle: Madam Mayor?
De Weerd: Mr. Wardle.
Wardle: Mr. Elliott, could you just real quickly address the pitch of the roof within your
CC&Rs. Maybe that will help.
Elliott: We have a minimum pitch, I believe, rather than a maximum, because,
generally, the idea is to -- that the more dramatic the pitch, the more desirable the
houses and the neighborhoods are. So, I think we have a minimum of six to 12. I think
we could stipulate to a -- I'm thinking of Two Rivers, I believe, has an eight to 12 or a --
if that would be acceptable, plus a -- say a 12-foot maximum ceiling, I think that would
keep it well under -- somewhere between 20 to 25 feet, which would be well below the --
any sort of a level that two stories would contemplate. And, again, that would be4 the
top of the pitch, so you only have maybe a quarter to a third of the overall expanse of
the house getting up to that height the more dramatic the pitch is.
De Weerd: Councilman Wardle, did you have anything further?
Wardle: That satisfies my concerns, Mr. Bird.
De Weerd: Okay. Mr. Bird.
Bird: Yeah. As long as -- as long as it is known, you know, that there is a certain -- I
think you got to have a height. I just -- we have had two problems in the city since I
have been on the Council and both of them have -- I know one was supposedly the
bonus room, but it was also a height. And it was a window. But it was -- and both of
them was from lacking not getting stuff on the final plat.
De Weerd: Did you want your engineer to --
Elliott: Yes, please.
Bates: My name is Gordon Bates. I work for the Land Group. Address is 462 East
Shore Drive, Eagle, Idaho. I'd like to address Councilman Bird's concern on final plat
notes and as Anna stated, the Ada County surveyor John Priester, routinely strikes, at
his discretion, planning and zoning notes, as he calls them. It puts the city and
requirements they would like to see on property in a difficult situation. I'm not sure that
myself or anybody besides Mr. Priester and perhaps a large consortium of city officials
could come to an agreement on that. But I do know that he will stop a plat in its tracks
at his desk until it changes. And it appears he has sole discretion on that, much to
several people's chagrin. On the drainage, actually, Kirby Kirkham is a professional
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engineer in our office, as am I. He was not at the Public Hearing. He was informed as
to the changes on the plats and the why's and the neighborhood concerns, and et
cetera. He did the professional engineering on the slopes of the roads, the sewers, et
cetera. The road to the east is up on a ridge and as this road comes towards the
northwest, it drops off of that ridge, that is why there is a swell at this location to capture
the runoff coming off these streets that comes down to this point. It effectively stops
runoff from this higher ridge from continuing westward. The streets that are on the
westerly side of this portion, there is a low point down here where we connect to
Dartmoor Drive, we have got a storm swale here to collect that. I believe it's roughly
these streets here. There will be another storm swale within this common area, exact
location is yet to be determined, that will catch the majority of the street runoff coming
this direction. The swaJe that we had in this corner is no longer receiving a large
amount of water. These other streets have cut that water off and -- rather than to other
locations. Therefore, our underground seepage bed in this common lot underneath the
pathway, subject to ACHD approval, ACHD easements and license agreements, how
that storm water will be handled for the streets that break this direction, roughly like this.
I, unfortunately, do have to correct my client slightly. Ken Elliott stated that the back of
these lots up here would be graded to slope into these streets and drain this direction. I
believe that the back portions of these, as stated, are significantly lower than this street
could possibly be, so you will have some grassy areas behind the houses in that 25-foot
setback that's been agreed to that will naturally percolate their own water, very similar to
existing pasture land or anything like that would do. As a professional engineer, J don't
see that small of an area creating any type of flood hazard for the adjacent neighbors
any different than any existing open field would do. Actually, having perennial grasses
in that area will help attenuate getting the storm water to percolate, rather than sayan
open field in the middle of winter that doesn't have any -- any plant growth on it yet. So,
I think that we are addressing the city and the Ada County Highway District concerns
regarding drainage, we will meet their requirements, and that's how the drainage in that
area is addressed. If there is any other questions from the Council, I would be available
to answer those.
De Weerd: Council?
Bird: I have none, Mayor.
Bates: Thank you.
De Weerd: Thank you. Okay. Final remarks, Mr. Elliott?
Elliott Madam Mayor, Members of the Council, Ken Elliott again. We are trying to
come up with some guidance to address Councilor Bird's remarks about the building
height. In fact, Mr. Kell is out in his car trying to get some building plans for us, if --
maybe we could even take a two minute recess for him to return. But what we'd like to
recommend, subject to the Council's approval, is that there would be an absolute
maximum of 25 feet for a peak and that no more than one-third of any elevation, any
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side view, would reach that, so that that would be the very top and most of it would be
well below that and we would have a maximum pitch of eight to 12.
De Weerd: Council, I think I'll just call a ten-minute recess and reconvene.
Bird: That's fine with me, Mayor. I just think this is very important to get it settled.
De Weerd: My prerogative. So, we will reconvene in ten.
(Recess. )
De Weerd: Okay. I will go ahead and reconvene the Council meeting. Hello? Mr.
Elliott? Mr. Elliott? Would someone like to get the developer's attention back there? I
know, you guys would like to go home, but so would we.
Elliott: Madam Mayor, Members of the Council, we -- after discussing and looking at
plans and talking about pitches, we have -- we are prepared to put in all of our CC&Rs
and in the conditions of approval that there would be a 25 foot maximum peak and,
then, a ten to 12 maximum pitch. The thought from a couple of builders here tonight is
that that gives us a chance to create some more dramatic roof lines and that eight to 12
makes it a little too shallow as a cap. So, that's the recommendation. So, that would be
a full story below the 35 feet, which would contemplate a two story house, we are
saying we will keep it ten feet below that -- any peak would be that far below it and,
then, most of the roof is going to be much further below it than that.
De Weerd: Council?
Elliott: And also no -- no bonus rooms. We are talking about a single level. So, we are
not adding rooms on top of garages and having pop-outs.
Bird: And that's just these -- excuse me. Just the ones on the exterior lots?
Elliott: Correct. Yes. This would be on the 22 perimeter lots that we have designated
for single story.
De Weerd: Okay. Council, did you have any further questions or information needed?
Thank you. Staff, did you have anything further?
Canning: No, ma'am.
De Weerd: Thank you. Okay. Mr. Wardle.
Wardle: Seeing nothing else, Madam Mayor, I move that we close the Public Hearing
on Items 13, 14 and 15.
Bird: Second.
Meridian City Council
April 12, 2005
Page 52 of 58
Rountree: Second.
De Weerd: The motion is to close the Public Hearing on Items 13 through 15. All those
in favor say aye. All ayes. Motion carries.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: If there is no further discussion, I'd first like to take a moment to say, not
prematurely like others did, but it seems like we are close to success, if not at success,
and I'd like to take an opportunity to thank the public that was involved and the folks that
took the time out of your evening to come here and sit through this process, even
though we thought and have resolved your issues and thank you to the developer for
taking the time and the effort -- and I know it's a large effort, to coordinate with this
many individuals and come to a group consensus. Having said that, Madam Mayor, I
would move that we approve Item 13, AZ 05-003, for Kingsbridge Subdivision -- and I
need some help from counsel. Do we have all of the stipulations with the annexation or
with the preliminary plat?
Nary: Madam Mayor, Members of the Council, Council member Rountree, I think we are
probably going to need a few weeks to get the findings put together with the minutes.
There has been a number of different concessions where, obviously -- or part of the
annexation is going to be this development agreement that will incorporate the
settlement agreement, as well as some of the other issues raised as to building height
limitations and the like. So, it would be my preference if you gave us a few weeks to get
those processed and returned. At least three weeks.
Rountree: To continue with my motion --
Nary: Mrs. Canning had something else to add, if you don't mind, Councilman
Rountree.
Canning: I'm sorry, Council member Rountree.
Rountree: It's about time.
Canning: I just wanted to say if you're in disagreement with anything you heard tonight,
your motion would be the time to let us know that. Otherwise, we will just go based on
what we have heard tonight.
Rountree: Continuing with the motion. That we incorporate the items from First Vision
in their April 6th letter, as it relates to the annexation, having staff direct those
Meridian City Council
April 12, 2005
Page 53 of 58
comments to the appropriate conditions of approval, the final plat conditions, and
CC&Rs. Also incorporating the most recent comments from First Vision of April 12th,
directing staff to do as previously stated with conditions of approval, final plat, CC&Rs.
Also incorporating -- excuse me. Also having a recommendation to provide a maximum
peak height of 25 feet and allowing pitches of 10-12 on the single story houses on lots
so designated. Directing the developer to develop a weed control and maintenance
plan for the undeveloped areas of the subdivision. Incorporate the terms of the
settlement agreement, minus the provision for the weed control and with the
understanding that the developer, through his representatives, will work out fencing
types with adjacent neighbors and that settlement agreement is as of -- dated April 12th.
Further question for council. I have a stipulation I'd like to have on the final plat as it
relates to drainage. Do I do that with the annexation as well?
Nary: To be safe, Councilmember Rountree, yeah, I would include that in your motion
for both.
Rountree: And I would also further direct the developer to develop a grading and
drainage plan for the lots on the northwest corner of the subdivision. Is there anything I
have left out?
De Weerd: On those four lots.
Rountree: Four--
De Weerd: Five.
Rountree: Five lots in the northwest corner. Yes.
Wardle: I'd like to second that motion, Madam Mayor, and -- very thorough motion and I
also appreciate the efforts that the developer has gone to and the public input and the
neighborly conduct that we have seen and heard and that even have in writing here this
evening. So, I appreciate everyone's efforts.
De Weerd: Thank you. So, the motion is to approve. Is there any further discussion?
Staff, did we cover all the elements? Good job, Mr. Rountree. Okay. Ms. Clerk, will
you, please, call roll.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, absent.
MOTION CARRIED: THREE AYES. ONE ABSENT.
De Weerd: Okay. Item 14.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Meridian City Council
April 12, 2005
Page 54 of 58
Rountree: I move that we approve Item 14 for PP 05-004, preliminary plat, subject to
the conditions outlined for the annexation and zoning and including the comments from
the staff and the developer.
Wardle: Second.
De Weerd: Okay. The motion is to approve Item 14. If there is no further discussion,
Ms. Clerk?
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, absent.
MOTION CARRIED: THREE AYES. ONE ABSENT.
De Weerd: Okay. Item 15.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I move that we approve Item 15 for Conditional Use Permit 05-004, for
Kingsbridge Subdivision, subject to staff comments and developer's comments at the
hearing this evening.
Wardle: Second.
De Weerd: The motion is approve Item 15. Ms. Clerk.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, absent.
MOTION CARRIED: THREE AYES. ONE ABSENT.
De Weerd: Again, I would like to congratulate the neighbors and the developer to __
working together you really set a great model and I know we didn't address every single
concern, but appreciate the willingness to work together, compromise, and find a middle
ground. Thank you.
Item 16:
Ordinance No. 05~1139 Licensed Alcohol Establishments
and ProhibitinQ Two License Establishments within the Same
Premise: (First Reading - Public Comment will be Accepted)
De Weerd: Items 16,17 and 18 are ordinances 05-1139,1140,1141 and 1142. Ms.
Clerk, will you, please, read these ordinances.
Wardle: Madam Mayor?
Meridian City Council
April 12, 2005
Page 55 of 58
De Weerd: Yes.
Wardle: I believe that we are having a first reading for Item No.16.
Bird: That's right. By itself.
Wardle: And would read that by itself.
De Weerd: Okay. We will go ahead and ask the clerk to, please, read Item 16 by title
only.
Green: Thank you, Madam Mayor, Members of the Council. Ordinance No. 05-1141 r
an ordinance amending Title 3, Chapter 2, Section 2 of the Meridian City Code,
regarding amending the requirements for licensed alcohol establishments and
prohibiting two licensed establishments within the same premise, providing a savings
clause and providing for a summary and providing an effective date.
De Weerd: You have heard Ordinance 05-1141 read by title only. Is there anyone who
would like to hear it read in its entirety or provide public comment on this ordinance?
Hearing none --
Nary: Madam Mayor?
De Weerd: Yes.
Nary: Just to put on the record, I did speak with Mr. Bates from the Backwater Saloon
this afternoon very briefly and he had asked the question that Councilmember Donnell
had asked last week is how might that affect his property and [ told him that if he
believed there was a problem he certainly had the opportunity this week or over the next
two weeks to provide comment to the Council, that all that we were seeking was that it
would require an address, that there may be other requirements to them having an
address at that location, whether it be a separate entrance or the -- some other public
access, ADA access, or something like that. So, he was satisfied with that. He may
return if he has some issues or concerns, but I did want to make the Council aware that
was the only comment I have received to this point, so -_
De Weerd: Thank you, Mr. Nary. Mr. Rountree.
Rountree: I have a question on process. I know we are looking at a second and third
reading. Can we move to combine the second and third reading? We have no one
here tonight. I'm guessing that that's going to be the same situation next week. Is there
some comfort in protracting this out? I don't --
Wardle: Madam Mayor?
De Weerd: Mr. Wardle.
Meridian City Council
April 12, 2005
Page 56 of 58
Wardle: Councilmember Rountree, I would certainly be comfortable doing that,
although I just heard Mr. Nary say that he told a member of the public that they would
have a second and third reading to comment to.
Bird: It was in the paper this morning.
Nary: And, Madam Mayor, Members of the Council, there was an editorial in the
Statesman today in a separate box that they outlined that the Council would be hearing
this over three readings over three weeks and listed the dates.
Rountree: Okay.
Nary: So, you're free to do that, but we have given that expectation.
Rountree: I didn't read the gray box. I read the rest of it.
De Weerd: I didn't read the gray box either.
Wardle: Mr. Nary?
De Weerd: Mr. Wardle.
Wardle: Madam Mayor? Do we need a motion to move this to second reading, Mr.
Nary?
Nary: No. It automatically will be on for second reading.
Wardle: Thank you.
Item 17:
Ordinance No.
05~1140
Solid Waste Collection Proaram:
Item 18:
Ordinance No. 05M1141 AZ 04-035 Request for Annexation
and Zoning of 5.01 acres from RUT to R-4 zone for Klamath Basin
Subdivision by Randy by Worden - 4625 West Ustick Road:
Item 19:
Ordinance No. 05-1142 AZ 04-034 Request for Annexation
and Zoning of 19.63 acres from a RUT zone to a R-8 zone for Hacienda
Subdivision by Jayo Construction - 6000 North Meridian Road:
De Weerd: Okay. Thank you. I will go ahead and ask the clerk to, please, read Items
17,18 and 19 by title only.
Green: Thank you, Madam Mayor, Members of the Council. Ordinance No. 05-1140,
an ordinance of the City of Meridian, Idaho, amending the following sections of Title 4,
Public Health and Safety, Chapter 1, Sanitary Service system of the Meridian City
Meridian City Council
April 12, 2005
Page 57 of 58
Code, to wit: Sections 4-1-6 through 4-1-23 and adding Section 4-1-1, Title, Section 4-
1-2, Purpose and Intent, Section 4-1-3, Applicability, Section 4-1-4, Regulatory
Consistency, and Section 4-1-5, Severability. And providing for a summary of the
ordinance and providing for a waiver of the reading rules and providing an effective
date.
Green: Ordinance No. 05-1139, an Ordinance AZ 04-035, Klamath Basin Subdivision,
for property located in the northwest quarter of the northwest quarter of Section 3,
Township 3 North, Range 1 West of the Boise Meridian, Ada County, Idaho, as
described in Attachment A and annexing certain lands and territories situated in Ada
County, Idaho, and adjacent and contiguous to the corporate limits of the City of
Meridian, as requested by the City of Meridian, establishing and determining the land
use zoning classification of said land from RUT, Ada County, to R-4, Medium Density, in
the Meridian City Code, providing that copies of this ordinance shall be filed with the
Ada County Assessor, the Ada County Recorder, and the Idaho State Tax Commission,
as required by law, and providing for a summary of the ordinance and providing for a
waiver of the reading rules and providing an effective date.
Green: Ordinance No. 05-1142, an Ordinance AZ 04-034, Hacienda Subdivision, for
property located in a portion of the west half of the northwest quarter of Section 30,
Township 4 North, Range 1 East of the Boise Meridian, Ada County, Idaho, as
described in Attachment A and annexing certain lands and territories currently situated
in Ada County, Idaho, and adjacent and contiguous to the corporate limits of the City of
Meridian, as requested by the City of Meridian, establishing and determining the land
use zoning classification of said lands from RUT, Ada County, to R-8, Medium Density,
in the Meridian City Code, providing that copies of the ordinance shall be filed with the
Ada County Assessor, the Ada County Recorder, and the Idaho State Tax Commission,
as required by law, and providing for a summary of the ordinance and providing for a
waiver of the reading rules and providing an effective date.
De Weerd: Thank you. You have heard Items 17, 18 and 19, ordinances, by title only.
Is there anyone who would like to hear it read in its entirety? Thank you. Hearing none,
I would entertain a motion to approve these ordinances.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we approve Ordinances 05-1140, 05-1139, 05-1142, with suspension of
rules.
Rountree: Second.
De Weerd: Okay. The motion is to approve Ordinances 17, 18 and 19. Mrs. Clerk, will
you, please, call roll.
Meridian City Council
April 12, 2005
Page 58 of 58
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, absent.
MOTION CARRIED: THREE AYES. ONE ABSENT.
De Weerd: Thank you so much. I would entertain a motion to adjourn
Rountree: So moved.
Bird: Second.
De Weerd: All those in favor?
MOTION CARRIED: THREE AYES. ONE ABSENT.
De Weerd: Thank you. We are adjourned.
MEETING ADJOURNED AT 10:20 P.M.
(TAPE ON FILE OF THESE PROCEEDINGS)
~~
(Jr"1j (!VUPl cl L !1"e-(I'dOvt a/t.a~f.-
? / /0 / tJ?
DATE APPROV~
\.
, ,.I'
Vr~A.~~
DWILLlAM G. BERG JR., CITY CLERK
j:}
,:
April 8, 2005
MERIDIAN CITY COUNCIL MEETING April 12, 2005
APPLICANT ITEM NO. 5~B
REQUEST Approve Beer, Wine, and Liquor License Renewals
AGENCY COMMENTS
CITY CLERK: See attached
CITY ENGINEER:
CITY PLANNING DIRECTOR: ~ ~
CITY ATIORNEY
CITY POLICE DEPT: ~ ~~
CITY FIRE DEPT: ~ ~
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
Contacted: Date: Phone:
Emailed: Staff Initials:
Materials presented at public meetings shall become property of the City of Meridian.
April 8, 2005
MERIDIAN CITY COUNCIL MEETING
APPLICANT
April 12, 2005
ITEM NO.
5~C
REQUEST Water Main Easement for Trout, Weeks & Nemec Law Office by EIG Commercial, LLC
AGENCY COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATIORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
See attached
~Q~
Contacted:
EmaiJed:
Date:
Staff Initials:
Phone:
Materials pre:sented at public meetings shall become property of the City of Meridian.
City of Meridian
Public Works Dept.
Memo
To: Mayor de Weerd & City Council
From: Karie Glenn
cc: File
Date: 4/4/2005
Re: Proposed Agenda Items for 4/12/05 City Council Meeting
The Public Works Department respectfully requests that the following items be placed on the
4/12/05 City Council agenda, on the Consent Agenda, for Council's consideration:
1) Water Main Easement for Trout Weeks & Nemec Law Office bv EIG Commercial
LLC.
Typical Water Main Easement.
Recommended Council Action: Approve the Water Main Easement for Trout,
Weeks & Nemec Law Office by EIG Commercial LLC and authorize the Mayor
.to sign and City Clerk to attest.
Thank you for your consideration.
. Page 1
Mar 22 2005 3:35PM
D~~le Evans Construct i on
2[1Q-853-1220
p.4
WATER MAIN EASEMENT
THIS INDENTURE, madet:his2~y of~ 20..oJ..between E/l~ (trl'.,\WV\tlCi(..\. LL..C,. ,theparties of
the first part, and hereinafter called. the Grantors. and the City of Meridian, Ada County, Idaho, the party of
the second part, and hereinafter called the Grantee;
WITNESSE1H:
WHEREAS, the Grantors desire to provide a water main right-of-way across the premises and
property hereinafter particularly bounded and descnbed.: and
WHEREAS, the water main is to be provided for through an underground pipeline to be constructed
by others; and
WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from
.time to time by the Grantee;
NOW, THEREFORE, in consideration of the benefits to be received. by the Grantors. and other good
and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-
of-way for an easement for.the construction, operation,.maintenance, repair, replacement of a water
main over and across the following described property:
(SEE ATTACHED EXHIBIT A and.B)
The easement hereby granted is fox-the purpose of construction and operation of a water line and their
allied facilities, together with their maintenance, additional connection thereto, repair and replacement
at the convenience of the Grantee, with the free right of access to such facilities at any and all times.
TO HAVE AND TO HOLD. the said easement and right-of-way unto the said Grantee, it's successors
and assigns forever. . . .
IT IS EXPRESSLY UNDERSTDOD ANI? AGREED. by and between the parties hereto, that after
construction, making repairs, perfox:mJng other maintenance or making subsequent connection to the
water line, Grantee shall restore the area of the eaSement and adjacent property to that existent prior to
undertaking such construction, repairs. and maintenance. However, Grantee shall not be responsible
for repairing, replacing or restoring anything placed within the area described in this easement that
was pla.c6d ~ere in violation of this easement.
THE GRANTORS hereby covenant and agree that they will not place or allow to be 'placed any
permanent. structures, trees. brush, or perennial shrub:s or flowers within the area descnbed for this
easement, which would interlere with the ~ of said easement, for the purposes stated herein.
THE GRANTORS hereby covenant and agree with the Grantee that should any part oftheright-of-
way and easement hereby' granted shall become part of, or lie within the boundaries of any public
street, then, to such extent, ~ch right~of-way and easement hereby granted which lios within. such
boundarY thereof or which is a part thereof, shall cease and become null and void and of no further
effect and shall be completely relinquished.
Water:Main Ease;ment
EASMT \VIR
Mar 22 2005 3:35PM
Dave Evans Construc~ian
205=l-853-1220
p.5
THE GRANTORS do hereby cov~nant with the Grantee that they are lawfully seized. and possessed
of the aforementioned and descdbed tract of land, and that they have a good and lawful right to
convey said easement, and that they will warrant and forever defend the title and quiet possession
thereof against the lawful claims of ail persons whomsoever.
m WITNESS VVHEREOF, the said parties of the :first part have hereunto snbscnoed their signatures
the day and year first herein above written. .
GRANTOR: ~16 ~p\~~r~\~',. u-c-, t\.-... ::r:cltl-\...(.)
" ....... ,,' \- ed l \ ~ 1:, 1 , \ t--1 C~W\.fc>""'"
,~~~ "
~ .J+~"~ uJ ~ e..}t...J/ (11\u.."'t>..~er
Secretary
STATE OF IDAHO )
) ss
County of Ada )
On this 2'1 f4.\ day of ~ G..1" C h 20st(, before me, the undersigned, aNatary Public in
and for said State, personally appeared S-+~" ~ uJe.e )Lr and
known or identified to me to be the P.fe€il1mt B:B.a Seer etflfj, reap e et:i ilJo. of the
=E' . that executed the within iristrumcnt, and acknowled.gedlto me that such ~ (~",,(I""I
ex.ecu the same.. l.::t (l\~1I'\~9 er
,~ Y\t'I,' t-Q.r.( I \' to.. (,) \: \-, c:- () Wl fO"'-'j .
ThT WITNEss WHEREOF, I bave hereunto set my hartd and affixed my official seal the day and year
fist above written.
............~t:;. ;'.":;;'ff~ff.
I~~..""""'/~<f;-~'"
i 4: l ~O:rA~}- \ :.
: ~ if ...,.~~ :' i
\~kUBL~ j j
10.r1P . \. 0 .:
",... :;. ....f....... ..,~ ~..
"'... l'E 0 F '\\) ..............
-..,........,..
(SEAL)
Water Main Easement
EASMT WTR
Mar 22 2005 3:36PM
Dave Evans Construction
2P8-853-1220
p.6
GRANTEE: CITY OF l\.ffiRIDIAN
Tammy de Weerd, Mayor
Attest by William G. Berg, City Clerk
Approved By City Council ~n:
STATE OF IDAHO, )
: SS.
County of Ada )
On this ~ day of , 2004, before me, the undersigned, a
Notary Puhlic in and for said State, personally appeared T AM1v::tY de WEERD and WILLIAM G. BERG.
JR." known to me to be the Mayor and City Clerk. respectively, of ilie City ofMeridi~ Idaho, and who
executed the within. instrument, and acknowledged to me .that the City of Meridian executed the same..
IN WITNESS VlHER.EOF~ I have hereunto set my hand. and affixed my offioial seal the day and year first
above written.
(SEAL)
NOTARY PUBLIC FOR IDAHO
Residin:g at:
Coimnission ~xpires:
Water Main Easement
EASMT WTR
TOOTHMAN MORTON ENGINEERING COMPANY
CONSULTING ENGINEERS, SURVEYORS AND PLANNERS
9777 CHrNDEN BOULEVARD
BOISE, IDAHO 83714-2008
208-323-2288 . FAX 208-323-2399
boise@toengrco.com
PROJECT:
DATE:
PAGE:
04149
March 23, 2005
lof2
EXHIBIT "A"
WATERLINE EASEMENT DESCRIPTION
A strip of land situated in the E 1/2 of Section 20, Township 3 North, Range 1 East, Boise Meridian,
City of Meridian, Ada County, Idaho and being a portion of Lot 2, Block 1 of Bonito Subdivision,
filed in Book 86 of Plats at Pages 9783 through 9788, records of Ada County, Idaho; and also being a
portion of Parcels "F" and "G" of Record of Survey No. 6786, records of Ada County, Idaho, more
particularly described as follows:
COMMENCING at a point on the southerly right-of-way line ofE. Copper Point Drive, marking the
NE corner of said Parcel G, thence, along said right-of-way line,
A. ) Northwesterly along a curve to the right having a radius of 537.00 feet, an arc length of
169.13 feet through a central angle of 18002"' 43" and a chord bearing and distance of
N.68058'08"W., 168.43 feet to the POINT OF BEGINNING; thence lea.ving said right-of-
way line,
1) S.21056'09"W., 15.78 feet; thence,
2) S.28036'59"W., 8.83 feet; thence,
3) S.OooOO'OO"E., 22.71 feet; thence,
4) S.90000'00"E., 14.60 feet; thence,
5) S.OooOO'OO"E., 22.17 feet; thence,
6) S.67030'00"E., 21.27 feet; thence,
7) S.OooOO'OO"W., 13.97 feet; thence,
8) N.90000'00"W., 20.00 feet; thence,
9) N.67030'OO"W., 13.68 feet; thence,
10) N.90000'OO''W., 21.62 feet; thence,
11) N.OooOO'~O"E., 66.85 feet; thence,
BOISE · COEUR d' ALENE
TOOTHMAN-ORTON ENGINEERING COMPANY
PROJECT:
DATE:
PAGE:
04149
March 23,2005
20f2
12) N.28036'59"E., 12.76 feet; thence,
13) N.21 056'09"E., 17.03 feet to a point on a non-tangent curve on said southerly right-of-
way line ofE. Cross Point Drive; thence, along said right-of-way line,
14) Southeasterly along said curve to the right, having a radius of 463.00 feet, an arc length
of 15.20 feet, through a central angle of 01 052'54" and a chord bearing and distance of
S.61 021 '36"E., 15.20 feet to a point of reverse curvature; thence, continuing along said
right-of-way line,
] 5) Southeasterly along a curve to the left having a radius of 537.00 feet, an arc length of
4.94 feet tlrrough a central angle of 00031 ' 3 8" and a chord bearing and distance of
S.60040' 58"E., 4.94 feet to the POINT OF BEGINNING.
CONTAINING 2,791 square feet or 0.06 acres, more or less.
SUBJECT TO: All Covenants, Rights, Rights-of-Way, Easements of Record, and all other
encumbrances.
SKETCH OF
WATERLINE EASEMENT
FOR
PARCEL "F" & "G" OF RECORD OF SURVEY 6786
E 1/2 of SECTION 20, TOWNSHIP 3 NORTH, RANGE 1 EAST, 8.M.
CITY OF MERIDIAN, ADA COUNTY, IDAHO
If
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L_l-~~~~~___~. '5 ~ ~ III /COLUMNS~
N90'OO'OO"W -... L4 0 0
-~---I ' I BUILDING
"POINT OF COMMENCEMENT"
NE CORNER PARCEL "G",
ROS NO. 6786
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LINE TABLE
LINE LENGTH BEARING
L1 15.78 S21"56'09"W
L2 8.83 S28036'S9"W
L3 13.97 SOO'OO'OO"W
L4 20.00 N90'00'00''W
L5 13.68 N67' 30'OO"W
L6 12.76 N28'36'S9"E
L7 17.03 N21'S6'09"E
TOOTIDWf-ORTON DGINDRING CO.
ENGINEERS 0 SURVEYORS 0 PLANNERS
9777 CHINDEN BOULEVARD . BOISE, IDAHO 83714-2008
PHONE: 208-323-2288 0 FAX: 208-323-2399
(-FILE: G:\oms\ACADIlWG\suRlfY\0414S-WAlERESI.IT DAlE: 03/23/05 JOB: 04149
April 8, 2005
MERIDIAN CITY COUNCIL MEETING
APPLICANT
April 12, 2005
ITEM NO.
5-D
REQUEST Water Main Easement for Julie Subdivision (Church Property'
AGENCY COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATIORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
See attached
~~
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Materials presented at public meetings shall become property of the City of Meridian.
City of Meridian
Public Works Dept.
Memo
To: Mayor de Weerd & City Council
From: Karie Glenn
cc: File
Date: 4/5/2005
Re: Proposed Agenda Items for 4/12/05 City Council Meeting
The Public Works Department respectfully requests that the following items be placed on the
4/12/05 City Council agenda, on the Consent Agenda, for Council's consideration:
1) Water Line Easement for Julie Subdivision (Church property).
Typical Water Line Easement.
Recommended Council Action: Approve the Water Line Easement for Julie
Subdivision (Church property) and authorize the Mayor to sign and City Clerk
to attest.
Thank you for your consideration.
. Page 1
WATER LINE EASEMENT
THIS INDENTURE, effective this / /a day of March, 2005, by the undersigned
PARAMOUNT, LLC, who maintains a mailing address of 12601 W. Explorer Drive, Suite
200, Boise, ID 83713, hereafter referred to as "GRANTOR" for the benefit of the City of
Meridian, a municipal corporation of the State of Idaho that maintains a mailing address of
33 East Idaho Street, Meridian, Idaho 83642, hereafter referred to as "CITY".
WITNESSETH:
WHEREAS, the Grantor desires to provide a water line right-of-way across the
premises and property hereinafter particularly bounded and described; and
WHEREAS, the water line is to be provided for through an underground pipeline to
be constructed by others; and
WHEREAS, it will be necessary to maintain and service said pipeline from time to
time by the CITY;
NOW, THEREFORE, in consideration of the benefits to be received by the Grantor,
and other good and valuable consideration, the Grantor does hereby give, grant
and convey unto the CITY the right-of-way for the permanent and temporary
construction easements for the construction, operation and maintenance of a water
line over and across the following described property:
(SEE ATTACHED EXHIBIT A)
The permanent easement hereby granted is for the purpose of construction and
operation of a water line and allied facilities, together with maintenance, repair and
replacement at the convenience of the CITY, with the free right of access to such
facilities at any and all times.
The temoorary construction easement is for the purpose of construction of a water
line and related incidental work. The temporary construction easement shall expire
when the construction contract terminates at which time payment for the temporary
construction easement will be sent by certified mail to the GRANTOR by the CITY.
TO HAVE AND TO HOLD, the said permanent easement and right-of-way unto the
said CITY, its successors and assigns forever.
1. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between
the parties hereto, that the CITY, in constructing and in making future
repairs, will expediently replace and restore the premises to a
condition comparable to that existent prior to undertaking such
construction, repairs and replacement. However, the CITY will not be
responsible for repairing, replacing or restoring any permanent
structures, large trees or brush placed within the area described in
this easement.
WATER LINE EASEMENT, Page 1 of 2
THE GRANTOR(S) do hereby covenant and agree that they will not place or allow
to be placed any permanent structures, large trees or brush within the area
described for this easement, which would interfere with the use of said easement,
for the purposes stated herein.
THE GRANTOR(S) does hereby covenant with the CITY that he is lawfully seized
and possessed of the aforementioned and described tract of land, and that he has a
good and lawful right to convey said easement, and that he will warrant and forever
defend the title and quiet possession thereof against the lawful claims of all persons
whomsoever.
IN WITNESS WHEREOF, the parties have hereunto subscribed their signatures
the day and year first hereinabove written.
By:
STATE OF IDAHO)
) ss
County of Ada )
On this /! aday of I[;qAj,L" 2005, before me ,
personally appeared ~.\ a W. tUYV\~ ,proved to me on the
basis of satisfactory evidence to be the persons whose names is subscribed to the
within instrument, and acknowledged that they executed the same.
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: ;. , \;>,0 -;0 : NOTA P - LIC FOR IDAHO
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""'.m""" My Commission Expires on /"f. ~ ~ ~ /.#~
Beneficiary: CITY OF MERIDIAN
By
Tammy de Weerd, Mayor
ATTEST:
William Berg, Jr., City Clerk
Date approved by Council:
WATER LINE EASEMENT, Page 2 of 2
Engineering Norlh West, LLC
423 N. Ancestor Place. Suite 180 Boise, Idaho 83704
(208) 376.5000 . Fax (208) 376-5556
Project No. 02-037-01
Date: March 18, 2005
JULIE SUBDIVISION
CHURCH WATER LINE EASElVIENT DESC~TION
An easement over a parcel of land located in the SW 1/4 of the NW 1/4 of Section 25,
T, 4 N., R. 1 W., B.M., Meridian, Ada County, Idaho, more particularly described as follows:
Commencing at the section corner common to Sections 23, 24, 25 and 26 of said
T. 4 N., R. 1 W.;
Thence South 00055'15" West, 2657.66 feet on the section line common to said Sections
25 and 26 to the 1/4 section corner common to said Sections 25 and 26;
Thence reversing direction, North 00055' 15" East, 555.86 feet on the section line
common to said Sections'25 and 26;
Thence leaving said section line, South 89004'45" East, 25.00 feet to the REAL POINT
OF BEGINNlNG of this easement;
Thence North 00055'15" East, 10.00 feet;
Thence South 89004'45" East, 338.64 feet;
Thence North 45055'15" East, 41.11 feet;
Thence South 89004'45" East, 8.28. feet to a point on the westerly lot line of Lot 3,
Block 4 of Paramount Subd.i vision No.1, as same is shown on the Plat thereof recorded in
Book 88 of Plats at Page 10163 of Ada County Records;
Thence South 00055'15" West, 20.00 feet on the westerly lot line of said Lot 3;
Thence leaving said westerly lot line, South 45055'15" West, 41.11 feet;
Thence North 89004'45" West, 346.93 feet;
Thence North 00055'15" East, 10.00 feet to the real point of beginning.
Julie Subdivision, Church War.er EllSemeoLdoc
PREPARED BY:
Engin~ering NorthWest, LLC
James R. Washburn, PLS
Page 1 of!
JULIE SUBDIVISION
CHURCH WATER LINE EASEMENT
EXHIBIT
REAL .POINT OF BEGINNING
S89'04' 4S"E
2S.00'
S.23 S.24
..$.26 S.25
t
W. CHINDEN ~v~ ~IGHWAY 20/26)
SCALE 1"=100'
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April 8, 2005
MERIDIAN CITY COUNCIL MEETING
APPLICANT
April 12, 2005
ITEM NO.
5-E
REQUEST Water Main Easement for Church Property (proposed Julie Subdivision) by Church
of Jesus Christ of Latter Day Sains
AGENCY
COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATIORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER OEPT:
CITY PARKS OEPT:
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
See attached
~~
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Materials presented at public meetlngs shall become property of the City of Meridian.
City of Meridian
Public Works Dept.
Memo
To: Mayor de Weerd & City Council
From: Karie Glenn
CC: File
Date: 4/5/2005
Re: Proposed Agenda Items for 4/12/05 City Council Meeting
The Public Works Department respectfully requests that the fallowing items be placed on the
4/12/05 City Council agenda, on the Consent Agenda, for Council's consideration:
1) Water Main Easement for Church oroperlY (orooosed Julie Subdivision) bv
Church of Jesus Christ of Latler-dav Saints.
Typical Water Main Easement.
Recommended Council Action: Approve the Water Main Easement for
Church property (proposed Julie Subdivision) by Church of Jesus Christ of
Latter-day Saints and authorize the Mayor to sign and City Clerk to attest.
Thank you for your consideration.
. Page 1
WATER MAIN EASEMENT
d/76?~ 57d>-#~/...?
THIS fNDENTURE, made this _ day of ,_ between Corporation afthe
Presiding Bishop of the Church of Jesus Christ of Latter-day Saints, a Utah Corporation sole, the
parties ofthe first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the
party of the second part, and hereinafter called the Grantee;
WITNESSETH:
WHEREAS, the Grantors desire to provide a water main right-of-way across the premises and
property hereinafter particularly bounded and described; and
WHEREAS, the water main is to be provided for through an underground pipeline to be constructed
by others; and
WHEREAS, it wi [I be necessary to maintain, service and subsequentlyconnectto said pipeline from
time to time by the Grantee;
NOW, THEREFO RE, in con s ideration ofthe benefits to be recei ved by the Grantors, and other good
and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-
of-way for an easement for the constructioq operation, maintenance, repair, replacement om water
main over and across the following described property:
(SEE A TIACHED EXHIBIT A and B)
The easement hereby granted is forthe purpose of construction and operation of a water I ine and thei~
all ied faci lities, together with their maintenance, additional connection thereto, repair and replacement
at the convenience of the Grantee, with the free right of access to such faci Iities at any and all times.
TO HA VE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors
and assigns forever.
rr IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after
construction, making repairs, perform ing other maintenance or making subsequent connection to the
water I ine, Grantee shall restore the area ofthe easement and adjacent property to that existent prior to
undertaking such construction, repairs and maintenance. However, Grantee shall not be responsible for
repairing, replacing or restoring anything placed within the area described in this easementthat was
placed there in violation of this easement.
THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any
permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this
easement, which would interfere with the use of said easement, for the purposes stated herein.
THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of-
way and easement hereby granted shall become part of, or lie within the boundaries of any public
street, then, to such extent, such right-of-way and easement hereby granted which lies within such
boundary thereof or which is a part thereof, shall cease and become null and void and of no further
effect and shall be completely relinquished.
Water Main Easement
EASMT WTR Ids.doc
THE G RANTO RS do hereby covenant with the Grantee that they are lawfully seized and possessed of
the aforementioned and described tract of land, and that they have a good and lawful right to convey
said easement, and that they will warra~t and forever defend the title and quiet possession thereof
against the lawful claims of all persons whomsoever.
IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures
the day and year first herein above written.
NTOR:
By:
Authori Representative
STATE OF UTAH)
) ss
County of Salt Lake
[Y6"C: "q77J-1c#2it7 d/oA'.;fJ/lZt'dc ..-410/77/2/ ;04iac;)
On this _ day of
, _, before me, the undersigned, a Notary
Public in and for said State, personally app ed , known or
identified to me to be the President an:! Secreta respectively, of the corporation thaexecuted the
within instrument, and acknowledged to me that su corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand an fixed my official seal the day and year
fist above written.
(SEAL)
NOTARY PUBLIC FOR UTAH
Residing at
Commission Expires:
Water Main Easement
EASMT WTR Ids.doc
,'''~~~~7;'..
.1 ~,!:>'!,j . .. .. i" 0 ~
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GRANTOR:
fliJ
STATE OF UTAH )
:ss
COUNTY OF SALT LAKE )
On this J/Ji:: day of r74/PL/A-4j/ 2005, personally appeared before me
7Z::~/ JZ:.: /Z;;,-P.# personally known to me to be an Authorized Agent of
Corporation of the Presiding Bishop of The Church of Jesus Christ of Latter-day Saints, a Utah
corporation sole, who acknowledged before me that he signed the foregoing instrument as
Authorized Agent for the Corporation of the Presiding Bishop of the Church of Jesus Christ of
Latter-day Saints, a Utah corporation sole, and that the seal impressed on the within instrument is
the seal of said Corporation; and that said instrument is the free and voluntary act of said
Corporation, for the uses and purposes therein mentioned, and on oath stated that he was
authorized to execute said instrument on behalf of said Corporation and that said Corporation
executed the same.
WITNESS my hand and official seal.
O~"d ~Y'h-J75Jfr-
Notary Public
Residing at: Salt Lake City, Utah
My commission expires: October 10, 2005
GRANTEE: CITY OF MERIDIAN
Tammy de Weerd, Mayor
Attest by William G. Berg, City Clerk
Approved By City Council On:
STATE OF IDAHO,
: ss.
County of Ada
On this _day of 20_, before me, the undersigned, a
Notary Public in and for said State, personally appeared TAMMY DE WEERD and WILLIAM G. BERG,
JR., known to me to be the Mayor and City Clerk, respectively, of the City ofMeridian,claho, and who
executed the within instrument, and acknowledged to me that the City of Meridian executed the same.
IN WITNESS WHEREOF, [ have hereunto set my hand and affixed my official seal the day and year first
above written.
(SEAL)
NOTARY PUBLIC FOR rDAHO
Residing at:
Commission Expires:
Water Main Easement
EASMT WTR Ids.doc
(
EXHIBIT 'A'
Watermain Easement Description
A 20.00 foot wide watermain easement centered on the water main pipeline with
centerline, more particularly described as follows;
Beginning at the West ~ corner of Section 25, Township 4 North, Range 1 West,
B.M., in Ada County, Idaho;
Thence North 00"55'15" East a distance of 555.03 feet, thence South 89"04'45"
East, 33.00 feet, thence South 89"04'45" East 335 feet, thence North 45"55'15"
East 40.80 feet, thence South 89"04'45" East 4.14 feet to the REAL POINT OF
BEGINNING.
Thence South 89"04'45" East 51.52 feet;
Thence South 00"55'15" West 29.33 feet;
Thence South 89"04'45" East 214.81 feet;
Thence South 00"55'15" West 222.45 feet;
Thence South 45"55'30" West 69.07 feet;
Thence South 00"55'15" West 126.73 feet;
Thence South 44"04'30" East 11.79 feet;
Thence South 00"55'15" West 44.12 feet to a point on the North Right of Way of
West Cayuse Creek Drive which is the Real Ending Point.
EXHIBIT 'A'
Watermain Easement Description
A 20.00 foot wide watermain easement centered on the water main pipeline with
centerline, more particularly described as follows;
Beginning at the West :4 corner of Section 25, Township 4 North, Range 1 West,
B.M., in Ado County, Idaho;
Thence North 00"55'15" East a distance of 555.03 feet, thence South 89"04'45"
East, 33.00 feet, thence South 89.04'45" East 335.00 feet, thence North 45.55'15"
East 40.80 feet, thence South 89.04'45" East 55.66, thence North 00.55'15" East a
distance of 144.57 feet to the REAL POINT OF BEGINNING.
Thence South 00.55'15" West 323.79 feet;
Thence South 89.04'45" East 39.62 feet to the REAL ENDING POINT;
EXHIBIT 'A'
Watermain Easement Description
A 20.00 foot wide watermain easement centered on the water main pipeline with
centerline, more particularly described as follows;
Beginning at the West ~ corner of Section 25, Township 4 North, Range 1 West, B.M.,
in Ada County, Idaho;
Thence North 00.55' 15" East a distance of 555.03 feet, thence South 89"04'45" East
33.00 feet, thence South 89.04'45" East 335.00 feet, thence North 45.55' 15" East 40.80
feet, thence South 89.04'45" East 55.66 feet, thence South 00"55'15" West 29.33 feet,
thence South 89.04'45" East 214.81 feet, thence South 00"55'15" West 31.47 to the
REAL POINT OF BEGINNING;
Thence North 89.04'45" West 22.02 feet to the REAL ENDING POINT;
~::l.
~;
April 8, 2005
MERIDIAN CITY COUNCIL MEETING
APPLICANT
April 12, 2005
ITEM NO.
5~F
REQUEST Resolution - Parks and Recreation New Fees
AGENCY COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATIORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
See attached Resolution
(.~
~ J>.~Cb
ifJ J~
Contacted:
Emaited:
Date:
Staff Initials:
Phone:
Materials presented at public meetings shall become property of the City of Meridian,
CITY OF MERIDIAN
RESOLUTION NO. OS ~ 4 loB
BY THE CITY COUNCIL:
BIRD, DONNELL, ROUNTREE, WARDLE
A RESOLUTION RATIFYING THE CITY COUNCIL'S APPROVAL OF
PARKS AND RECREATION FEES FOR 2005 SUl\f.M:ER PROGRAMS; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, on AprilS, 2005, the City Council of the City of Meridian, held a
hearing on the adoption of the 2005 Parks and Recreation fees for various summer
programs as shown by Attachment "Pl' and incorporated herein by reference; and
WHEREAS, after such hearing, the City Council, by formal motion, did approve
said 2005 Parks and Recreation fees for various programs; and
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO:
Section 1. That the 2005 Parks and Recreation fees for various summer programs
are hereby adopted. A copy of the fees is attached as Exhibit "A".
Section 2. That the Director of Parks and Recreation is hereby authorized to
implement and carry out the collection of said fees for the various programs.
Section 3. That this Resolution shall be in full force and effect immediately upon
its adoption and approval.
ADOPTED by the City Council the City of Meridian, Idaho ~ day of
ApY'~ \ .2005.
APPROVED by the Mayor of the City of Meridian, Idaho, this ~ day
of A:p(1 \ .2005.
2005 PARKS AND RECREATION SUMMER FEES - 1 of 1
Meridian Parks Recreation
2005 Summer Fee Schedule
FEE TITLE Amount Late Reg. % of Change
MEN'S SOFTBALL LEAGUE
Team $700.00 new
BARN SOUR
1 Mile Fun Run $8.00 60.00%
5K Run $18.00 $23.00 20.00%
10K Run $18.00 $23.00 20.00%
SUMMER SIZZLER
In line SkatinQ $12.00 new
BROCHURE
YOUTH SOCCER $50.00 new
CERAMICS $12~$25 new
PHOTOGRAPHY $36-$48 new
Tax is not included in fees.
(") Indicates fees that Meridian Parks and Recreation does not set.
These fees are set by the private organization or vendor providing the
service. Meridian Parks and Recreation typically retains 20%
of the fee to cover the cost of the brochure and administration costs.
Classes will be added and removed based on community interest and
availability. The same 80/20 split will apply to all new classes.
April S, 2005
MERIDIAN CITY COUNCIL MEETING
APPLICANT CSHQA
V AC 05-002
April 12, 2005
ITEM NO.
5~G
REQUEST Resolution - Request for a Vacation of Existing power lines, sewer,irrigation and storm
water drainage easements for Boise Valley Commons - 2400 East Overland Road
AGENCY
COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATIORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
Contacted: r~ t51'f11f'-^-- Date: if III Ie,:;- Phone:
Emailed: j€n.e.. - S ha..-ff.e Q, ~5hQQ~ CQ'Yl Staff Initials: /.R...
Materials presented at pUblic meetings shall become property of the City of Meridian,
See attached Resolution
X\)C\
()'V'~~~
ADA COUNTY RECORf~'" .J. DAVID NAVARRO AMOUNT .00 3
BOISE IDAHO 05/10/tl<;~L:OB PM
~~~~~~E~i~k~:~~~ST OF III 1111 11I1 11 IIJIIlIIl ~~1I111l11111
Meridian City 10.J058b._,,-,
CITY OF MERIDIAN
RESOLUTION NO. 05 -4 ~
BY THE CITY COUNCIL:
BIRD, DONNELL, ROUNTREE, WARDLE
A RESOLUTION VACATING FOUR (4) EASEMENTS OF RECORD IN
SECTION 17, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA
COUNTY, MERIDIAN, IDAHO AS FILED AS INSTRUMENT NUMBERS
7829797,96008002,103005662, AND 103005661 ; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, on March 29,2005, the City Council of Meridian, held a hearing on
the vacation of easements of a 10- foot wide power line easement recorded as Instrument
No. 7829797, a 20-foot wide sewer easement recorded as Instrument No. 96008002, a
storm water drainage easement recorded as Instrument No, 103005662, and two irrigation
easements recorded as Instrument No. 103005661 in Section 17, Township 3 North,
Range 1 East, Boise Meridian, Ada County, Meridian, Idaho, and
WHEREAS, after such hearing, the City Council, by formal motion, did approve
said described vacation; and
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO:
Section 1. That alO-foot wide power line easement recorded as Instrument No.
7829797, a 20-foot wide sewer easement recorded as Instrument No. 96008002, a storm
water drainage easement recorded as Instrument No. 103005662, and two irrigation
easements recorded as Instrument No. 103005661 in Section 17, Township 3 North,
Range 1 East, Boise Meridian, Ada County, Meridian, Idaho are hereby vacated. Copies
of the necessary relinquishments are attached as Exhibit "A".
Section 2. That this Resolution shall be in full force and effect immediately upon
its adoption and approval.
VACATION OF EASEMENT/BOISE VALLEY COMMONS
Page 1 of2
PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN,
IDAHO, this \2th day of ApI I I ,2005.
APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO,
this ~ day of A-pr'j \
, 2005.
ATTEST:
J!~
STATE OF IDAHO, )
) ss
County of Ada )
On this /j+h day of A;p,..; I ,2005, before me, the
undersigned, a Notary Public in and for said State, personally appeared TAMMY de
WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk,
respectively, of the CITY of Meridian, Idaho, and who executed the within instrument,
and acknowledged to me that the City of Meridian executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year first above written.
(SEAL)
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April 8, 2005
MERIDIAN CITY COUNCIL MEETING
APPLICANT
April 12, 2005
ITEM NO,
5~H
REQUEST Well 20B - Construction Services Agreement with CH2M Hill
AGENCY COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
See attached
(01"
~
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Materials presented at public meetings shall become property of the City of Meridian.
City of Meridian
Public Works Dept.
Memo
To: William Berg, Jr.
From: Lenard Grady
CC: Brad Watson
Date: 4/7/2005
Re: Proposed Agenda Items for April 5, 2005 City Council Meeting
The Public Works Department respectfully requests the following item(s) be placed on the
April 5 City Council consent agenda:
Well 208 - Construction Services Aareement with CH2Mhill: Attached is an agreement for
additional services with CH2Mhill for Well 208. CH2Mhill have completed the design of the
pump house and the agreement is for construction services. The T&M amount is not to
exceed $26,226.
Recommended Council Action: The Public Works Department recommends
that City Council approve the change order with CH2MHiII for construction
services on Well20B for $26,226.00 and authorize the Mayor to sign it.
Thank you for your consideration. Please contact me if you have any questions regarding
any of these items.
From the desk of. ..
Lenard Grady
Staff Enginccr
Meridian Publie Works Department
660 E. Watertower, Suite 200
Meridian, Idaho 83642
J Page 1
(208) 898-5500
Fax: (208) 898-9551
gradyl@meridiancity.org
EXHIBIT A
AMENDMENT No.1 TO THE
AGREEMENT FOR ENGINEERING SERVICES FOR THE EXPANSION OF WELL 20
BETWEEN
CITY OF MERIDIAN AND CH2M HILL, INC.
This Amendment is entered into by and between the CITY OF MERIDIAN (OWNER) and CH2M
HILL, Inc. (ENGINEER).
A. The OWNER and ENGINEER entered into an Agreement (AGREEMENT) for Engineering
Services for the Expansion of Well 20 Project, dated March 9, 2004.
C. The CONTRACTOR is the successful bidder of the Expansion of Well 20 Project and will be the
general contractor performing the construction of the project.
B. Article 6.3, of the AGREEMENT provides that the AGREEMENT may be amended by written
amendment to the AGREEMENT as agreed to by the OWNER and ENGINEER.
D. OWNER and ENGINEER desire to amend the AGREEMENT.
E. Compensation will be time and materials for a fee not to exceed $26 226.
F. The total fee shall not be exceeded without prior approval of the Owner.
The parties agree to modify the existing agreement to provide Services During Construction (SDC).
The ENGINEER will act as a field representative of the OWNER during construction of the project.
Engineering SDC tasks include:
· Answer calls from bidders and produce 1 addendum during the bidding period.
· Assist OWNER in opening of bids. Review bids and evaluate them for responsiveness and bid
amount. Make recommendations for award of the contract for construction or other actions as
appropriate.
· Revise plans as required to address DEQ comments. Budget assumes 1 resubmittal of plans
and specifications to DEQ.
· Facilitate a pre-construction meeting with the CONTRACTOR, OWNER, and regulatory
agencies. Budget assumes one 4-hour meeting.
· Review technical submittals from the CONTRACTOR
· Respond to CONTRACTOR requests for information (RFI). Perform site visits as required to
resolve RFI's.
· Attend start-up the new well and provide technical support as required. Budget assumes 8-
hours/each for field visits by Mechanical and Electrical designers.
· Review as-built notes provided by CONTRACTOR. Provide 3 hard copies (full size) of the
project record drawings to the OWNER. Record drawings will be produced based on
contractor as-built notes.
Assumptions
· Labor/time used to budget tasks is listed in the individual task descriptions above.
· SDC services do not include review of Contractor payment submittals.
· Travel time to and from the site that is required as part of this work is chargeable to the owneL
· The OWNER shall make the fmal decision on the award of the contract for construction and the
acceptance or rejection of all bids.
· Budget assumes that there will be no protests to the apparent low bidder.
· The Engineer will not perform an as-built survey.
· Budget assumes a 120 calendar construction period. SDC services beyond this assumed
construction period is out of the scope of this amendment.
All other terms and conditions of the original agreement will remain in full force and effect.
IN WITNESS WHEREOF, the parties execute below:
ENGINEER:
CH2MHILL
700 Clearwater Lane
Boise, ID 83712
City of Meridian
Public Works Department
660 E. Watertower, Suite 200
Meridian, ID 83642
~~~.
David Stangel, P.E.
Water Business Group Lead
Signature
4/'-1/0S
Date I
Name (please print)
Title
Date
April 8, 2005 Department Reports
MERIDIAN CITY COUNCIL MEETING April 12, 2005
APPLICANT Mayor's Office ITEM NO, 6-A~ 1
REQUEST Employee Service Awards
AGENCY COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR: 0'eSe~
CITY ATIORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
Contacted: Date: Phone:
Emailed: Staff Initials:
Materials presented at public meetings shall become properly of the Cily of Meridian.
Department Reports
April S, 2005
MERIDIAN CITY COUNCIL MEETING
APPLICANT Mayor's Office
REQUEST Farmers and Merchants state Bank Old Bank Building
April 12, 2005
ITEM NO,
6~A-2
AGENCY COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATIORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
5J
C:~5
V~
Contacted:
Emaited:
Date:
Staff Initials:
Phone:
Materials presented at public meetings shall become property of the City of Meridian.
alTY 0F=' MERIDIA.N
Planning & Zoning
Memo
To; Mayor and City Council
CQ Anna Powell
em Nichols
Craig Slocum
FftNI\'l Steve Siddoway
Dat8I 1.30.04
IkK Fanners & Merchants Bank
RECEIVED
JAN 3 I: 2004
City Of Meridian
City Clerk Office
I have reviewed the Findings of Fact/Conclusions of Law/Decision & Order (FFCL/DO) for the
Fanners & Merchants Bank Conditional Use Permit and Variance. There are a few items that need
to be clarified prior to acting on the FFCL/DOs,
Regarding the CUP, was it the Council's intention to require removal of the existing building. or was
it your intention to give the applicant the option of keeping or removing the building? The
discussion prior to the motion seems to suggest that the Council was supportive of the building
being removed if the applicant so chooses, but that they would have the option. The motion, taken
from draft minutes, states that uWe would recommend that removal of existing building on<:e [the]
new building is occupied," The FFCL then states on page 22, (f2. The applicant shall remove the
existing Farmers and Merchants State Bank building upon occupancy of the new building facility:'
The applicant would prefer to have the option,
Regarding the Variance) The Decision & Order states, 'That the Applicant is hereby granted a
variance for parking of 46 stalls with 15 diagonal on-street parking stalls in the OT zone for Farmers
and Merchants State Bank," which accurately reflects the motion taken from the draft minutes.
Two clarifications: First, we need to clarify that there are only 13 proposed on-street spaces, not 15.
Second, if the Councilmtends to require removal of the existing buildittg, then 46 off-street parking
spaces is the correct number. However. if the Council intends to give the applicant the option of
keeping the ex:isring building, the number of off-street parking stalls would be reduced to 35. Thus,
the Variance would have to be approved for as few as 35 spaces in order to give the applicant the
option to keep the building,
Staff recommends pulling the FFCL/DO for Fanners & Merchants from the consent agenda for a
brief discussion to clarify these items a.nd revise the motion and FFCL/DO, if necessary.
In order to facili~te a revised motion, I have prepared drafts below that would give the applicant the
option of either site plan, if the Council so chooses,
1. Make a motion to clarify that for CUP-03-OS0, Farmers & Merchants Ban~ that the applicant
will have the option of either keeping or removing the existing structure, and direct the attorney
to modify the Findings of Fact and Conclusions of Law to so reflect.
2. ,Make a motion to clarify that for V AR-03-021, Farmers & Merchants parking variance, that the
number of on-street parking spaces is 13 and the number of off-street spaces is 46 if the existing
structure is remoV'ed and may be as few as 35 if the existing strucbJre remains.
If the Council does not intend to allow the option, the only modification would be to change the
number of on-street parking stills from 15 to 13.
H.I! ~.EIVED
JAN 3 fi 2004
interoffice
MEMORANDUM
City Of Meridian
City Clerk Office
To:
William G. Berg, Ir.
From:
Wi] liam F. Nichols
Subject:
. BY: CSHQA FOR CONDITIONAL USE PERMIT FOR A NEW BA.NK
FACILITY WITH DRIVE UP TELLERS iN AN OT ZONE FOR FARMERS
AND MERCHANTS STATE BANK
File No.:
CUP.03-050
Date:
January 8, 2004
Will:
Please find attached the original FINDINGS OF FACT CONCLUSIONS OF
LA W AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT
TO CONDITIONS and ORDER for the above matter. Please place tIiis matter upon the Consent
Agenda for Council discussion and decision.
If you should have any questions please give me a call.
Z:\Work\M\Meridian\M~ridiall I 53&OM\FarnlCI'S and Mcrch~llls Swk B,lI1k CUP"{)J-050\l'lkLlrCUpnd~&Ordcr.doc
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
IN THE MATTER OF THE
REQUEST FOR CONDITfONAL
LISE })ERMIT FOR A NE\V BANK
FACILlTY WITH DR) VE UP
TELLERS IN AN OT ZONE FOR
F ARlVIERS AND MERCHANTS
STATE BANK, LOCATED AT 703
NORTH MAIN STREET,
MERIDIAN, IDAHO
CSHQA,
APPLICANT
cle 01/20104
Case No, CUP-03-0S0
FINDINGS OF ifACT AND
CONCLusrONS OF L...\ W .AND
DECISLON AND ORDER
GRANTING CONDfTrONAL USE
PERMIT
The above entitled conditional use permit application having come before the City
Council on Jan.uary 20,2004, at the hour of7:00 p.m,. at Meridian City f.Iall, 33 East Idaho
Street, Meridia.l1, Idaho, and Brad Hawkins~Clark Assistant City Planner for the Plallning alld
Zoning Department, Craig Slocum, Ed Zimmerman, and Terry Anlos, appeared and testi tied, and
the City Council having duly considered the evidence and the record in this matter ami the
Recommendations to City Council issued by the Planning and Zoning Commission \\'bo
conducted a public hearing and the Council having heard and taken oral and written testimony,
Fact, Conclusions of Law and Decision and Order to-wit:
and having duly consid~red the matter, the City Council hereby makes the folJo;vil1g Findings of
FINDINGS OF F ACT r\;.~D CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CO!\"DITlONAL USE PERMIT
, PAGE 1 OF 25
FINDINGS OF FACT
1. A notice of a public hearing on the conditional use permit was published for two
(2) consecutive weeks prior to the said public hearing selleduled for January 20,2004, before the
City Council, the first publication appearing and written notice having been mailed to property
owners or purchasers of record within three hundred feet (300') of the extemal boundaries of the
propeJty under consideration more than fifteen (L5) days prior to said hearing and with the notice
of public hearing having been posted upon the property under consideration more than one week
before said hearing and the copies of all notices were made available to newspaper, radio and
television stations as public service announcements; and the matter having been duly considered
by the City Council at [he January 20,2004 public hearings; and the applicant allee-red pmperly
owners, and government subdivisions providing services within the pla11nil1gjurisdiclion oCthe
City of Meridian, having been given full opportunity to express comments and submtl evidence.
2. There has been compliance with all notice and hearing requirenlents set fortl1ll1
Idaho Code 967-6509, 6512, and Meridian City Code SS 11-15-5 and 11-17-5 as evidenced by
the Affidavit of Mailing, and the Affidavit of Publication and ProofofPosting filed with the staff
report.
3. This proposed development request is in the aT zone and by reason ofthe
provisIons of ~he Meridian City Code ~ 11-17-4, a public hearing was required before the City
Council on this applicaliol1.
4. The propelty is located on the north side of Broadway Ave. between Meridian
Road and Main Street, physical address is 703 North Main Street, Meridian, Idaho.
FINDL'\TGS OF FACT A!\1) CONCLUSIOI"1S OF LA W A:.~D DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 2 OF 25
5. The owner ofrecord of the subject property is Farmers & Merchants State Bank,
5238 Fairview Ave., Boise, Idaho and they have given their consent for the applicant to submit
the requested conditional use pennit.
6. Applicant is CSHQA, 250 S. 5lh Street, Boise, Idaho.
7. The subject property is currently zoned OT (Old Town District). The zoning
district of OT is defined within the City of Meridian Zoning and Development Ordinance,
Section 11-7-2.
8. The proposed application requests a conditional use permit for a new bank wlth a
drive through in an OT zone for Farmers ~d Merchants State Ban1e The OT zoning designation
is within the City of Meridian Zoning and Development Ordinance requires a conditional use
pennit be obtained for most uses including those requested by the Applicant. (Meridian City
Zoni ng and Development Ordinance, Section 11-8-1).
9. The proposed application is in compliance wilh the Meridian Comprehensive
Plan, which designates the subject property as Old Town.
10. The Llse proposed within the subject application willil1 fact. constitute a
conditional use as determined by City Ordinance.
11, The Meridian City Council takes judicial notice of its Zoning,
Subdivision and Development Ordinances codified a.t Titles 11 and I 2, Meridian City Code al1d
all current zoning maps 'thereof and the Comprehensive Plan of the City ofMer{dian, and Maps
and the Ordinance establishing the Impact Area Boundary.
12. Giving due consideration to the comment received from the govemmental
subdi visions providing services in the City of Meridian planning jurisdiction public facilities and
FINDINGS OF FACT AND CONCLUSIONS OF LAW A:VD DECIS10N AND o.RDH:R
GRAi\TIKG CONDITIONAL USE PERMIT
IJAGE 3 OF 25
services required by the proposed development will not impose expense upon the public if the
following conditions of development are imposed and the following is also found to be rCCJlIired
to mitigate the effects of the proposed use and development upon services delivered by po Ii tical
subdivisions providing services to the subject real property within the planning jurisdiction of the
City of YfeJidian, subject to the following:
A. Adopt the Recommendations ofthe Planning and Zoning and Engineering staff as
modified by the Planning & Zoning Commission, as follows:
I. The building and site improvements shall be constructed per the approved plans submitted
wi 1n the rev ised application.
2. Tbe appl ieant shall submit a Variance application for parking to accompa ny th is application
to the City Council healing.
3. Shift the striping for the on-street parking in front of the proposed building approximately 9
feet west.
4. Wall signs are approved as submitted on the revised building elevations. Two freestanding
signs will be allowed for the project-the existing Fanners and Merchant pylon sign and a
monument sign on the Meridian Road located at least two feet behind the sidewalk:,
dimensions to comply with L-O standards in the sign ordinance Table C Any additional
signs will require a modification of the Conditional Use Pelmit. A planned sign program
will be req llired for any additional tenant signs.
5. This conditional use pennit shall be sllbject to the expiration provisions set fOlih to MCC ll~
17 -4.B.
6. All 90-degree parking stalls shall be at least 9 feet wide and 19 feet deep per Ordi nance ll-
13-4.F. All two-way drive aisles adjacent to parking shall be at leHst 2S feet wide. Orive-
thru lanes shall be constructed as depicted on the submitted site plans.
7. All parking and drive aisles shall be paved for all Llses; in compliance...~ilh the submitted
plans. Handicap parking spaces shall be signed and striped in compliance with Fcden:d
accessibility guidelines.
8. Sanitary sewer and water service shall be from main lines currently existing adjacent to the
sllbj eet property.
9. All exterior lighting, whether attached to the building or located within the parking lot, shall
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION Al"\'D ORDER
GRANTING CONDITIONAL USE PERiVIIT
PAGE 4 OF 25
be down-shielded or otherwise altered so that the light does not spill over onto adjacent
properties or right-of-way. All parking lot Iigl1ting shall be in accordance with Ordinance .11-
13-4C
10. All signage shaJl be in accordance with the standards set forth in thjs report and Sectjon ] 1_
14 orthe City Zoning and Development Ordinance. All signage is subjectto review and shall
require separate permits.
11. All construction and siteimprovemellts shall confol1n to the requiremems of the Americans
with Disabilities Act and the adopted building and fire codes.
12. A drainage plan designed by a State of Idaho licensed archjtect or engi neer is requ ired and
shall be submitted to the City Engineer (Ord. 557~ 10-1-91) for all off-street parking areas.
Stann water treatment and disposal must be designed in accordance with Department of
Environmental Quality 1997 publication Catalog of Storm Water Best Management Practlces
for Idaho Cities and Counties and City 0 fMeridian standards and policies. Off-site dlsposal
into a. surface water is prohibited unless the jurisdiction which has authority over the
receiving stream provides written authorization prior to development plan approval. The
applicant is responsible for filing all necessal}' applications with the Idaho Department of
Water: Resources regarding Shallow Injection Wells.
13. Certj ficate of Occupancy: All required improvements must be complete prior to obtaining a
Ce11ificate of Occnpancy for the proposed development. A temporary Certificate of
Occupancy may be obtained by providing surety to the City in the form of a letter of credit or
cash in the amount of 110% of the cost of the reqLlired improvements (including paving,
striping, landscaping, and irrigation). A bid must accompany allY request for temporary
occupancy.
14. The planting of trees near streets slulll comply with the parks depa11ment memo from Elroy
Huff dated December 9, 2003.
B. Adopt the Recommendations of the Meridian Fire Department as follows:
I. Provide a fire-flO\y per the International Fire Code Appendix D to service ,the project. Fire
hydrants shall be placed an average of 400' apart,
2. All intemal roads shall have a turning radius of28' inside and 4$' outside.
3. All Fire Lanes leading illto and within the project shall have a clear driving surface with a
minimum width of 20' available at all times.
4. The revised plans wilI require that the building be fire sprinldered.
FJNnrNGS OF FACT AND CO:\'CLUSIONS OF LA W AND DECISION ANn ORDEn
GRANTING COl\"DITIONAL USE PERMIT
PAGE 5 OF 25
C. Adopt the Reconunendations of ACHD as fonows:
L The Board of Commissioners authorizes the expenditure of available collected impact
fees for the purchase afright-of-way dedicated by the applicant, with the applicant
constmcting a sidewalk as described below. However, iffunds cannot be secured, the
applicant shall do one of the following:
a. Dedicate by donation (or through a development offset agreement whereby the
applicant is reimbursed from impact fees to be collected solely from the applicant's
specific development project) an a total of 35-feet of right-of-way (from centerline) alOllg
Meridian Road, and construct a minimum 5-foot wide concrete sidewalk along Meridian
Road, located a minimum of28-feet from the centerline of the right-of-way.
b. Do not dedicate additional right-of-way, but construct a minimul1l 5-foot wide concrete
sidewalk along Met"idian Road, located a minimum of28-feet from the centerline oFthe
t'ight-of-way, in an easement provided to the District.
c. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete
sidewalk along Meridian Road, located at the back edge of the existing right-o t:....vay.
Accomplish all necessary adjustments to properly accommodate existing drainage and
utilities.
2. Dedicate a total of lO-feet of right-of-way from the centerline (maXll11lLl11 of 12-feel from
centerli11e) of the alley abutting the parceJ by means of recordation ofa final subdivisioll
plat or execution of a warranty deed prior to issuance of a building pennit (or othel"
required permits), whichever occurs first. Allow up to 30 business days to process the
right-of-way dedication after receipt of all requested material. The owner will !ill! be
compensated for this additional right-of-way because the alley is classified as a local
street and is to be brought to adopted standards by the developers of abutting properties.
3. If the City would like the applicant to construct angle parking on Broadway Avenue,
provide one half of a 65-foot street section within the existing right-or-way. Obtain a
license agreement from the District to maintain and stripe the on-street parking and
provide the District with a hold harmless agreement for the angle parki Ilg.
4. Provide a minimup118-foot curb radius for all curb lines.
5. Construct a 28-foot wide driveway that intersects Broadway A venue approximately 50..
feet east of Meridian Road (West 1st Street), as proposed.
G. Construct a 25-foot wide driveway to intersect Broadway Avenue approximately 255-feet
east of Meridian Road (West 151 Street), as proposed.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AI\'D ORDER
GRANTING CO.\lDITIONAL USE PERJ\HT
PAGE 6 OF 25
7. Construct a J5-foot wide driveway that intersects the alley approximately 40~feet east of
Meridian Road. as proposed,
8. Construct a 28-foot wide driveway that intersects the alley appro x imarely 195-feel east of
Meridian Road, as proposed.
9. Construct a 28~foot wide driveway that intersects the alley approximately 255-feet east of
Meridian Road, as proposed.
10. Widen the alley access and utilize the access as a two~way dlive\\'aylaHey ii.ol1lMeridian
Road to the drive-thru aisles that are proposed to intersect with the alley, as proposed.
The maximum width of the alley/driveway will be 30-feet.
11. Continue to utilize the existing alley as a one-way roadway until the entire alley can
function as a two-way alley (with the exception of the two-way driveway/alley from
Meridian Road to the drive-thm aisles that are proposed to intersect with the alley).
12. Design the alley loaded parking to provide a minimum clear distance from the back of the
parking stall to the opposite side ofthe alley of 22-feet.
13. Construct all pedestrian ramps in accordance with ADA standards.
14. Obtain a license agreement for any landscaping or alternative surface (other than
concrete) that will be located within the public right-of-way.
15. Comply with all Standard Conditions of ApprovaL
Standard Conditions of Approval
I, Any existing irrigation facilities shall be relocated outside of the right-of-way.
2. A [I utility relocation costs associated with improving street frontages abutting the site
shall be borne by the developer.
3. Replace any existiI}g damaged curb, gutter and sidewalk and any that may ~e damaged
during the;: construction of the proposed development. Contact ConstrLlction Services at
387~6280 (with file number) for details.
4. Utility street cuts in pavement less than five years old are not allO\ved unless approved in
writing by the District. Contact the Oistlict's Utility Coordinator at 387-6258 (with file
numbers) for details.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 7 OF 25
5. All design and construction shall be in accordance with the Ada County Highway District
Policy Manual, ISPWC Standards and approved supplements, Construction Services
procedures and all applicable ACHD Ordinances unless specifically waived herein. An
engineer registered in the State ofIdaho shall prepare and certify all improvement plans.
6. The appl icant shall submit revised plans for staff approval, prior to issLlance of building
permit (or other required permits), which incorporates any required design changes.
7. Construction, use and property development shall be in confOlmance with <111 applicable
requirements of the Ada County Highway District prior to District approval for
occupancy.
8. Payment of applicable road impact fees are required prior to building construction Tn
accordance with Ordinance # 197, also known as Ada County Highway District Road
Jrnpact Fee Ordinance.
9. It is the responsibility of the applicant to verify all existing utilities \vithin the right-ef-
way. The applicant at no cost to ACHD shall repair existing utilities damaged by the
applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least rwo
full business days prior to breaking ground within ACHD right-of-way. The applicant
shall contact ACHD Traffic Operations 387-6]90 in the event any ACHD conduits (spare
or filled) are compromised during any phase of constmction.
10. No change in the tenns and conditions of this approval shall he valid unless they are in
writing and signed by the applicant or the applicant's authorized representative and an
authorized representative of the Ada County Highway District. The burden shall be upon
the applicant to obtain written confirmati on of any change from the Ada County Higbway
District.
] 1. Any change by the applicant in the planned use of the property which is the sLlbject of this
application, shalt require the applicant to comply with al1 rules, regkl1ations, ordinances,
plans, or otherregulatory and legal restrictions in force at the time thr;: applicant or its
Sllccessors in interest advises the Highway District of its intenllo change the planned use
of the subject property unless a waiver/variance of said requireme11ls or other legal relief
is granted pursuant to the law in effect at the time the change il111Se is sought.
D. Adopt the Recomm'endations of the Parks Department as follows:
I. Tree Box diameter 6'x6' LD.
2. Walls-8" W x 16" D with re-bar.
3. A {Tee grate frame mLlst be set into the box before pouring concrete.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTTh"G CONDITIONAL USE PERMIT
PAGE 8 OF 2S
4. Center of the tree is 36" back of curb.
5. A tree grate will fit each frame with the grate specifications being 6' x 6' with a French
pattem made of cast iron with no finish.
6. Grates will come to Meridian Parks and Recreation Depanment then sent out to have a
powder coat paint finish applied.
7. Planting Depth - root flare 4" below bottom of tree grate.
8. Irrigation - Each tree will have irrigation that will meet Parks Arborlst approval.
9. All irrigation and power will be routed outside of the tree box walls.
10. Each box will have a small traffic rated steel box next to it with an isolated irrigation valve.
11. Irrigation should be in an in-ground double check back flow with an electronic valve and
timer,
] 2. Native soils sufficient for tree root growth wi II be on the outside area of the tree boxes.
13. The Arborist will approve street tree species and cultivar.
E. Adopt the comments of Sanitary Service as follows:
1. Consideration could be given to sharing the waste container with Meridian City
Hall.
2. Allow for 60' frontage clearance to the enclosure and] 0' inside oCthe gate posts
for clearance.
F. Adopt the Recommendations of Nampa & Meridian Irrigation District as follows:
1. If all municipal surface drainage must be retained on site no further review is
required. However, if any surface drainage leaves the site, the District must
review drainage plans and requires a Land Use Change Application to be filed for
review prior to final platting.
2. All laterals and waste ways must be prolecled.
3. The developer must comply with Idaho code 31-3805.
FINDI:"lGS OF FACT Ar-;-D CONCLUSIONS OF LAW AJ.'ID DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 9 OF 25
G. Adopt the comment of the Water Department as follows:
1 . There is no water line stubbed into this property.
H. Adopt the action of the City Council taken at their January 20,2004 meeting as follows:
For clarification:
[. The revised Preliminary Site Plan that were submitted dated 12-01-03 and stamped"
RECEIVED DEe 022003 City of Meridian City Clerk Office, are hereby approved.
2. The applicant shall remove the existing Farmers and Merchants State Bank building upon
occupancy of the new building facility.
3. Pertaining to having either pavers or stamped concrete withil1 tbe landscaping arollnd the
trees, this issue shall be resolved between ACHD and City stafT. Upon final resollLtion to
this issue, the applicant shall abide by City staffs decision.
13. It is found that the subject prope11y, as depicted, is large enough to accommodate the
required open spaces and landscaping required by the ordinance, but not parking. Tbe site
accommodated the required number of parking stans for the original submittal; but the revised plan
does not meet parking requirements based on the larger struchlre. However, it is supported the
proposed building modifications, as they are more historically accurate and compatible with existing
historic structures in downtown. Therefore, staff wi 11 support a Variance to the parking requirements
for the revised structure. If a Variance is approved for the project, then it is found that the project
'",ill meet this requirement.
The proposed revise.d bank building is 16,000 s.f. Ordinance requires I off:street parking
space per 200 s.f of gross floor area, for a total of 80 spaces. The proposed site plan shows 46 off-
street parking stalls, 11 of which are on the existing Farmers & Merchants site. There are also 13
diagonal on-street parking spaces proposed on Broadway Avenue adjacent toxhe project, [Dr a total
of 59 stalls. If the existing structure remains, there will be a total of 48 spaces.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 10 OF 2S
J 4. The Comprehensive Plan Land Use Map designates the property as "Old Town" and it
is cu rrently zoned 0- T. Old Town "includes th e historic downtown and the tru e community center.
Uses would include offices, retail and lodging, theaters, restaurants and service retail for surrounding
residents and visitors.... In order to provide and accommodate preservation of the historical
chamcter, specific design requirements may be imposed" (see Comprehensive Plan, p. 99).
Ordinance 11-8-1, Schedule of Use Control, allows for banks and drive-in establishments through
the conditional use process in the O-T zone. It is found that the requested use will be in compliance
with the approved Future Land Use Map if design requirements are imposed that preserve the
character of Old To\.vn. It is further found that if the project is approved as a CUP it will be ill
compliance with the MCC
15. The surrounding properties vary greatly and include City Hall, a bank, a bar, a gas
station, the Creamery, the American Legion hall, and residences. Old Town is intended as a mi xed
LIse zone. Therefore, it is found that the proposed development will not adversely c.hange the
existing or intended character of the general vicinity. The revised design of the building is
compatible with existing historical structures in the area.
16. The p reposed site p Ian places the drive-thru along Meridian Road, across from
existing residences, which may be affected. A site layout is preferred so that it accesses the drive-
tbru from the alley, instead of placing it along the Meridian Road frontage. However, gi yen existing
traffLC levels and associated ~oise along Meridian Road (see item G below) it is not an'ticipaled that
the proposed LIse will adversely affect adjacent properties. In the case of tIle Creamery, the proposed
project should actually add further incentive for redevelopment.
17. The project proposes vehicular access from Broadway Avenne and from the nlley
FINDINGS OF FACT AND CONCLUSIONS OF LA W AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 11 OF 25
between Meridian Road and Main Street. ACHD approved the proposed project with the conditions
noted tn their report. TIle major change required by ACHD was modifying the two~way alley 10 be
one-way, except for a two-way section to access the drive-thru, Water and sanitary sewer service to
the project is readily available to the site via mains installed adjacent to the property. The comment
hOI11 Meridian Water Dept. states tbat no water line is stubbed into this propel"ty, yet several arc
depicted on the Preliminary Site Utility Plan. The applicant sbould cOl1firllllhc e^ist~l1cc of the
services shown on their plans, with the Meridian Water Department.
18. If approved. the applicant will finance the extension of sewer, water, uti Ii ties and
pressurized irrigation to serve the project. The primary public costs to serve the future project wi II be
Ilre and police services. It is found that there wil1 not be excessive additional requirements at public
cost and that the proposed use will not be detrimental to the community's economic welfare.
19. ACHD estimates that the traffic volume would be 900 additional average daily trips
(] 048 ex isting) for the originally proposed bank building. This number has not yet beellupda1ed for
the larger revised building. Traffic congestion is an ongoing issue for dowlltO\Vn, the resolution 0 r
which is beyond the scope ofth15 project. ACHD stafr finds that the additional Lruffic created by a
revised building should not be excessive, It is also fOlmd that no smoke, fumes, glare or odors will
result from the proposed use.
20. As addressed directly above in number 19, vehicular approac.hes are proposed from
Broadway Avenue and from'the existing alley. It is found that the proposed use w'iJl not create
significant interference with traffic on the surrounding public streets. Please refer to ACHD
comments for additional detail on this issue. According to ACHD staff, the project does not require
action by the ACHD Commission and was approved at staff level on October 7, 2003. The revisions
FL~DlNGS OF FACT AND CONCLUSIONS OF tAW AND DEC1SION AND ORDER
GRANTING CONDITIONAL USE PER."rlT
PAGE 12 OF 25
made to the plan will not trigger a new report because it complies with the original conditions.
21. It is found that the significant existing trees are on or adjacent to the sileo The
existing street trees shall be protected during all construction and demolition actjvi ties. The ex isting
magnolia tree near the entrance of the existing structure should also be protected.
CONCLUSIONS OF LAW
1. The City of Meridian shall exercise the powers confened upon it. by the "Local
Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Act" codified at
Chapter 65, Title 67, Idaho Code (LC. g67-6503).
2. The Meridian City Council may exercise all the powers required and authorized
under the "Act" except the power to adopt ordinances by the establishment of a Planning and
Zoning Commission by ordinance pursuant to Idaho Code Section 67-6504 which the City
Co.unci] of the City of Meridian has established by the passage ofthe "City of Merldian Zoning
and Development Ordinance" at Titles XI and XII) Chapter I, Meridian City Code.
3. As part ofazoning ordinance the City Council can, subject to hearing and notice
provision required, provide for the process of special and/or conditional lIse permits which a
proposed use is otherwise prohibited by the terms of the ordinance but allowed with conditions
under the specific provisions of tile ordinance which the City of Meridian has done in the
adoption of its zoning ordinapces.
4. The Clty Council has the duty and responsibility to review the fHcts and
circumstances of each application for special use permit to determine prior to granting the same
that the evidential showing supports the finding that the following standards are met and that the
proposed development: (Meridian City Code 9 11-17-3)
FIl\'DINGS OF FACT AND CONCLUSIONS OF LAW AND DECISIO~ A~ ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 13 OF 25
a. That the site is large enough to accommodate the proposed use and all yards,
open spaces, parking, landscaping and other features as may be required by this Ordinance;
b. That the proposed use and development plan will be harmonious ...vith the
l'vleridlan Comprehensive Plan and ill accordance with the requirements .ofthis Ordinance;
c. That the design, construction, operation and maintenance will be compatible with
other lLses in the general neighborhood and with the existing or intended character of the general
vicinity and that such use will not adversely change the essential character of the same area;
d. That the proposed use, if it complies with all conditions of the appr-oval imposed,
will not adversely affect other property in the viCitlity;
e. That the proposed use will be served adequately by essential public facilities and
services such as highways, streets. schools, parks, police and fire protection. drainage structures,
refuse disposal, water. sewer; or that the person responsible for the establishment of the proposed
conditional use shall be able to provide adequately any such services;
f. That the proposed use will not create excessive additional cost for public
[aci li ties and services and witI not be detrimental to the economic welfare of the community;
"'. That the proposed use will not involve activities or processes, materials,
equipment and conditions of operation that will be detrimental to any persons, propel-ty or the
general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors;
h. That the proposed use will have vehicular approaches to the property which shall
be so designed as not to create interference with traffic on surrounding public streets; and
i. That the proposed use will not result in the destruction, loss or damage of a
natural. scenic or historic feature considered to be of major importance.
5. Prior to granting a conditional use pennit in the Old Town District (0- T), a
public hearing shall be conducted with notice to be published and provided to propelty owners or
purchasers ofrecord within three hundred feet (300') of the external boundaries of the land wlder
consideration for the conditional use permit all in accordance with the provisions of Meridian
City Code ~ 11-17-5 City of Meridian Zoning and Development Ordinance, which provides as
follows:
"Prior to approving a Conditional Use Permit, the applicant and the Commission and
Council shall follow notice and hearing procedures provided in Chapter 15 of this Title.
FIl\DJNGS OF FACT AND CONCLUSIONS OF LA W AND DECISION A:"JD ORDER
GRANTING CONDITIONAL USE PERi\UT
PAGE ]4 OF 25
Provided, however, that conditional use applications for land in Old Town and in
industrial and commercial districts shall only be required to have one public hearing
which shall be held before the Planning and Zoning Commission; and after the
recommendation of the Commission is made, the application shall go before the City
Council without a public hearing and the Council may approve, deny, or modify the
recommendation of the Commission."
6. Following the public hearing and within 45 days after the conclusion of the
public hearing the Commission shall, transmit its recommendations to the Meridian City Council
with supportive reasons. The Commission shall recommend that the application be approved,
approved with conditions or denied. The Commission shall enSLlI'e that any approval or approval
with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City
of Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City Code ~
11-.17-6)
7. When the City Council approves a conditional use permit it may impose
conditions of that approval that reasonably:
A. Minimize adverse impact on other development;
B. Control the sequence and timing of development;
c. Control the duration of development~
D. Assure that the development is maintained property;
E. Designate the exact location and nature of the development;
F. Require the provision for on-site public facilities or services; aDd
G. Require more restrictive standards than those generally required, in this
Ordinance.
8, The City of Meridian has, by ordinance, established the Impact Area and the
FI2\lOl:\lGS OF FACT AND CONCLUSrONS OF LAW AND DECISION AND ORDER
GRANTING CONDfTlONAL USE PERMIT
PAGE 15 OF 25
Amended Comprehensive Plan of the City of Meridian, which was adopted August 6,2002,
Resolution No. 02-382 and Maps.
DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NO\V,
THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT
AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does
Order that:
1. That the above named applicant is granted a conditional use pennit for a new bank
with a drive through in an OT zone for Fanners and Merchants State Bank, located 011 the nortb
slde of Broadway Ave. between Meridian Road and Main Street, physical address 703 North
rvb1in StreetT Meridian, [daho, subject to the following conditions of use and development,
subject to the following:
A. Adopt the Recommendations oftbe Planning and Zoning and Engineering staff as
modified by the Planning & Zoning Commission, as follows: ,
1. The building and site improvements shall be constructed per the approved plans submitted
with the revised application.
2. The applicant shall submit a Variance application for parking to accompany this application
to the City Council hearing.
3. Shift the striping for the on-street parking in front of the proposed building approximately 9
feet west.
4. Wall signs are approved' as submitted on the revised building elevations. Two fioeestanding
signs will be allowed for the project-the existing Fanners and Merchant pylon sign and a
monumenl sign 011 the Meridian Road located at least two feet behind the side\l\"alk,
dimensions to comply with L-O standards in the sign ordinance Table: C. Any additional
signs will require a modification of the Conditional use PermiL. A planlled sign program
wi II be required for any additional tenant signs.
5. This conditional use permit shall be subject to the expiration provisions set forth in NICe 11-
FINDINGS OF FACT AND CONCLUSIONS OF LA W AND DECISIO~ A~D ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 16 OF 25
] 7-4.B.
6. All 90-degree parking; stalls shall be at least 9 feet wide and 19 feet deep per Ordinance 11-
13-4.F. All two-way drive aisles adjacent to parking shall be at least 25 feet wide. Drive-
thru lanes sh&lI be constructed as depicted on the submitted site plans.
7. Atl parking and drive aisles shall be paved for all uses, in compliance with the submitted
plans. Handicap parking spaces shall be signed and striped in compliance with Federal
accessibility guidelines.
8. Sanitary sewer and water service shall be from main Ilnes currently existing adjacent to the
subject property.
9. All exterior lighting, whether attached to the building or located within the pUrkll1g lot, shal [
be down-shielded or otherwise altered so that the light does not spill over" onto adjacent
properties or right-of-way. All parking lot lighting shall be in accordance with Ordi nance 11-
13-4C.
10. All signage shall be in accordance with the standards set forth in this report aod SectiOJl 11-
14 of the City Zoning and Development Ordinance. All signage is subject to review and shal I
require separate permits.
11_ All construction and site improvements shall conform to the requirements of the Americans
with Disabilities Act and the adopted building and fire codes.
12. A drainage plan designed by a State ofIdaho licensed architect or engineer is required and
shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas.
Storm water treatment and disposal must be designed in accordance with Department of
Environmental Quality 1997 publication Catalog of Storm Water Best ManagementPractices
for Idaho Cities and Counties and City 0 fMeridian standards and poJicies_ Off-site disposal
into a surface water is prohibited unless the jurisdiction which has authOl"ity over the
receiving stream provides written authorization prior to developrnent plan approval. The
applicant is responsible for filing all necessary applications wi tl1 the Idaho Department of
Water Resources regarding Shallow Injection Wells.
13. Certificate of Occupancy: All required improvements must becomplete prior to obtaining a
Certificate of Occupancy for the proposed development A temporary Certificate of
Occupancy may be obtained by providing surety to the City in the form of a Jetter of credit or
cash in the amount of 110% of the cost of the required improvements (including paving,
striping~ landscaping) and irrigation). A bid must accompany any reql.lest for temporary
occupancy.
14. The planting of trees near streets shall comply with the parks department memo from Elroy
Huff dated December 9, 2003.
FINDL'lGS OF FACT Al\l) CONCLUSIONS OF LAW AND DECISION AND ORDER
GRA1"TlNG CONDITIONAL USE PERlvtIT
PAGE 17 OF 25
B. Adopt the Recommendations of the Meridian Fire Department as follows:
1. Provide a fire-flow per the International Fire Code Appendix D to service the pmjcct. Fire
hydrants shall be placed an average of 400' apart.
2. AU internal roads shall have a tuming radius 0[28' inside and 48' outside.
3. All Fire Lanes leading into and within the project shall have a clear driving surface with a
minimum width of20' available at all times.
4. The revised plans \vill require that the building be fire sprinlc1ered.
C. Adopt the RecommendatioI1s of ACHD as follows:
1. The Board of Commissioners authorizes the expenditure of available collected impact
fees for the purchase of rightwof-way dedicated by the applicant, with the applicant
constructing a sidewalk as described below. However, if funds cannot be secured, the
applicant shall cia one of the following:
a. Dedicate by donation (or through a development offset agreement whereby Lhe
applicant is reimbursed from impact fees to be collected solely from the applieant's
specific development proj eet) an a total of 3 5- feet of right-of-way (from cenierl ine) alo ng
Meridian Road, and constntet a minimum 5-foot wide concrete sidewalk along Meridian
Road, located a minimum of 28-feet from the centerline of the righl-of-I,....ay.
b. Do not dedicate additional right-of-way, but construct a minimum 5-[00t wide concrete
sidewalk along Meridian Road, located a minimum of28-feet from the centerline of the
right-of-way, in an easement provided to the District.
c. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete
sidewalk along Meridian Road, located at the back edge of the existing right-of-\vay.
Accomplish all necessary adjustments to properly accommodate existing drainage and
utilities.
2. Dedicate a total of IO-feet of right-of-way from the centerline (maximum of 12-feet from
centerline) of the alley abutting 1he parcel by means ofrecordatiol1 ofa final subdivision
plat or execution ofa warranty deed prior to issuance ofa building permit (or other
required permits), whichever occurs first. Allow up to 30 business days to process the
right-of-way dedication after receipt of all requested material. The owner will !lQJ. be
compensated for this additional right-of-way because the alley is classified as a local
street and is to be brought to adopted standards by the developers of abutting properties_
FINDINGS OF FACT AND CONCLUSIONS OF LA W AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERlmT
PAGE 18 OF 25
3. Tfthe City would like the applicant to construct angle parking on Broadway Avenue,
provide one half of a 65~foot street section within the existing right-oI-way. Obtain a
license agreement from the District to maintain and stripe the on-street parking and
provide the District with a hold harmless agreement for the angle parking.
4. Provide a minimum 18-foot curb radius for all curb lines.
5. Construel a 28.foot wide driveway that intersects Broadway A venue approximately 50-
feet easl of Meridian Road (West 1 Sl Street), as proposed.
6. Construct a 25-foot wide driveway to intersect Broadway Avenue approximately 255-feet
east of Meridian Road (West L sr. Street), as proposed.
7. Construct a 35-foot wide driveway that intersects the alley approximately 40-feet east of
Meridiail Road, as proposed.
8. Construct a 28-foot wide driveway that intersects the alley approxima(ely [95.feet east of
Meridian Road, as proposed.
9. Construct a 28-foot wide driveway that intersects the alley approximately 255~feet east of
Meridian Road, as proposed.
10. Widen the alley access and utilize the access as a two-way driveway/alley from Meridian
Road to the drive-tl1m aisles that are proposed to intersect with the alley, as proposed.
The maximum width of the alleyidriveway will be 30-feet.
] I. Continue to utilize the existing alley as a one-way roadway until the entire alley can
function as a two-way alley (with the exception of the two-way driveway/alley from
Meridian Road to the drive-Ihru aisles that are proposed to intersect with the alley).
12. Design the alley loaded parking to provide a minimum clear distance from the back of tile
parking stall to the opposite side ofthe alley of22~feet.
13. Constrtt\:t all pedestrian ramps in accordance "\lith ADA standards.
l4. Obtain a license agreement for any landscaping or altemative surface (other than
concrete) that win be located within the public right-of-way. .
15. Comply with all Standard Conditions of Approval.
Standard Conditions of Approval
1. Any existing irrigation facilities shall be relocated outside ofthe right-af-way.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRA~n~G CONDIT10NAL USE PERMIT
I)AGE 19 OF 25
2. All utility relocation costs associated with improving street fi-ontages abutting the site
shall be borne by the developer.
3, Replace any existing damaged curb, gutter and sidewalk and any that may be damaged
during the constmction ofthe proposed development. Contact Construction Services at
387-6280 (with file number) for details.
4. Utility street cuts in pavement less than five years old are not allowed unless approved in
writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file
numbers) for details,
5. All design aod construction shall be in accordance with the Ada County Highway District
Pollcy Manual, ISPWC Standards and approved supplements, Construction Services
procedures and all applicable ACHD Ordinances unless speclfically waived het-ein. An
engineer registered in the State of Idaho shall prepare and certify all improvement plans.
6. The applicant shall submit revised plans for staff approval, prior to issuance of bui Iding
permit (or other required permits), which incorporates any required design changes.
7. Construction, use and property development shall be in confonnance with all applicable
requirements of the Ada County Highway District prior to District approval for
occupancy.
8. Payment of applicable road impact fees are required prior to building construction In
accordance with Ordinance #197~ also known as Ada County Highway District Road
Impact Fee Ordinance.
9. It is the responsibility of the applicant to verify all existing utiLities within the right-of-
way. The applicant at no cost to ACHD shall repair existing utilities damaged by the
applicani. The applicant shall be required to can DIGLINE (1-800-342-1585) at least two
full business days prior to breaking ground within ACHD right-oE-way. The applicant
shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare
or filled) are comprom ised during any phase of construction,
10. No change in the temlS and conditions of this approval shall be valid unless they an:: in
writing and signed by the ~pplicant or the applicant's authorized representative and an
authorized representative ofthe Ada County Highway District The burden shall be upon
the applicant to obtain written confirmation of any change from the Ada Counly Highway
D is triet.
] 1. Any change by the applicant in the planned use of the property which is the subject 0 f this
application, shall require the applicant to comply with all rules, regulations, ordinances,
plans, or other regulatory and legal restrictions in force at the time the applicant or its
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 20 OF 25
SLlccessors in interest advises the Highway District of its intent to change the planned use
ofthe subject property unless a waiver/variance of said requirements or other legal relief
is granted pursuant to the law in effect at the time the change in LIse is sought.
D. Adopt the Recommendations oftlle Parks Department as follows:
Tree Box diameter 6'x6' LD.
2. Walls-8" W x 16" D with re-bar.
3. A tree grate frame must be set into the box before pouring concrete.
4. Center of the tree is 36" back of curb.
5. A tree grate will fit each frame with the grate specifications being 6' x 6' with a French
pattern made of east iron with no finish.
G. Grates will come to Meridian Parks and Recreation Department tJlen sent out to have a
powder coat paint finish applied.
7. Planting Depth - root flare 4" below bottom of tree grate.
8. Irrigation - Each tree will have irrigation that will meet Parks Arborist approval,
9. All irrig::ltlon and power will be routed outside of tile tree box walls.
10. Each box will have a small traffic rated steel box next to it I,vith an isolated irrigation valve.
1]. Irrigation should be in an in-ground double check back flow with an electronic valve and
timer.
t 2. Native soils sufficient for tree root growth will be on the outside area of the tree boxes_
13. The Arborist will approve street tree species and cuItivar.
E. Adopt the comments of Sanitary Service as foHows:
1. Consideration could be given to sharing the waste container with Meridian City
HaIl.
2. Allow for 60' frontage clearance to the enclosure and 10' inside of the gate posts
for clearance.
F. Adopt the Recommendations ofNampa & Melidian Irrigation District as follows:
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDEn
GRANTING CONDITIONAL USE PERMIT
PAGE 21 OF 25
1. If all municipal surface drainage must be retained on site no further review is
required. However, if any surface drainage leaves the site, the District must
review drainage plans and requires a Land Use Change Applic.ation to be fi led for
review prior to final platting.
2. Alllatcrals and waste ways must be protected.
3. The developer must comply with Idaho code 31-3805.
G. Adopt the comment oftne Water Department as follows:
I . There IS no water line stubbed into this property.
H. Adopt the action of the City Council taken at their January 20, 2004 meeting as follows:
For clariflcation:
1. The revised Preliminary Site Plan that were submitted dated 12-01.03 and
stamped" RECEIVED DEC 022003 City of Meridian City Clerk Office, are
hereby approved.
2. The applicant shall remove the existing Fam1ers and Merchants State Bank
building upon occupancy of the new building facility.
3. Pertaining to having either pavers or stamped concrete within the landscaping
around the trees, this issue shall be resolved between ACHD and City staff. Upon
final resolu.tion to this issue, the applicant shall abide by City staffs decision.
2. The conditions shall be reviewable. by the Council pursuant to Meridian City Code
*11-17-9.
3. The above conditions ,are concluded to be reasonable and the applicant sballl1)eet
sllch requirements as a condition of approval of the application for a conditional. use pe1l11it.
4. That the City Attorney draft an Order Granting Conditional Use Pernllt
in accordance with this Decision, which shall be signed by the Mayor and City Clerk and tbell a
copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public
FI:\lDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 22 OF 25
Works Department and any affected party requesting notice.
NOTICE OF EIGHTEEN (18) MONTH CONDITfONAL USE PERMIT DURATION
Please talee notice that the conditional use permit shall be valid fOr a maximum period of'
eighteen (18) months unless otherwise approved by the council. During this time, the pem)jt
holder must commence the use as permitted in accordance with the condi lions of appro val)
satisfy the requirements set forth in the conditions of approval. acquire building permits and
commence construction of permanent footings or structures on or in. the ground. In this context
"strLLctures" shall include sewer and water lines, streets or building constmction. The applicant
has specified in tbe application and to the commissjon and council a construction schedule and
completion date for the project. If the completion date specified for the project is exceeded. the
conditional use application shall become null and void. However, the applicant may submit an
application for a time extension on the project for city council reviev-/. The application for time
extension shall be submitted at least thirty (30) days prior to the deadline for completion of the
project. For projects requiring platting. the final plat must be recorded withi11 this eighteen (8)
month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to
the first phase. In the event that the development is made in successive contignoLls segments or
l1lultiple phases, such phases shall be constructed within successive intervals of one year from the
original date of approval by the council. If the successive phases are not submitted within ODe
year intervals, the conditional appro~a] of the future phases shall be null an'd void. (MCC 11-17-
4.B,)
NOTICE OF FINAL ACTION
AND RIGHT TO REGULATORY TAKINGS ANALYSIS
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDEn
GRA..1\lTING CONDITIONAL USE PERMIT
PAGE 23 OF 25
The Applicant is hereby notified that pursuant to Idaho Code 67-8003, tl1e Ow'ner may
req:uest a regulatory taking analysis. Such request must be in writing, and must be filed with the
City Clerk not more than twenty~eight (28) days after the final d~cision concerning the matter at
issue, A request for a regulatory takings analysis will toll the time period within which a Petition
for Judicial Review may be filed.
Please take notice that this lS a final action of the governing body oft.he City of
Meridian, pursuant to Idaho Code 9 67 ~6521 an affected person being a person who has an
interest in real property which may be adversely affected by tbe issuance or denial of the
conditional use pelmit approval may within twenty-eight (28) days after the date o1'tl1is decision
and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code.
By action of the City Council at its regular meeting held on the :3 ~ day of
R!6 ytukt-:J ' 2004.
ROLL CALL:
COUNCILMAN SHAUN WARDLE
VOTED~
VOTED~
COUNCILMAN BILL NARY
COUNCILMAN CHARLIE ROUNTREE
VOTED~ J)b.f~
COUNCILMAN KEITH BII}D
VOTED~
MA YOR TAMMY de WEERD (TIE BREAKER)
DATED; 2-~-OF
VOTED_
MOTION: V
APPROVED;----p-
DISAPPROVED:
FI~DINGS OF FACT AND CONCLUSIONS OF LAW A.'~D DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 24 OF 25
Attest:
FINDINGS OF FACT Al\'"D CONCLUSIONS OF LA WAND DECrSION AND ORDER
GRA.NTING CONDITIONAL USE PERMIT
PAGE 25 OF 25
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
C/C 01/20/04
IN TI-IE MATTER OF THE
R);~QUEST FOR CO;\lDITIONAL
USE PERMIT FOR A NEW BANK
FACILITY WITH DRIVE UP
TELLERS IN AN OT ZONE FOR
FARMERS AND MERCHANTS
STATE BANK, LOCATED AT 703
NORTH MAIN STREET,
MERIDIAN, IDAHO
Case No. CUP-03-050
ORDER GRANTING
CONDITIONAL USE PERMIT
CSHQA,
APPLI CANT
1. This matter coming before the City Council 011 January 20,2004, under the
provisions of Meridian City Code 9 11-17-4 for final action on conditional use permit application
and the Council having received and approving the Recommendation of the Planning and Zoning
Commission the Council takes the following action:
2. That the above named applicant is granted a conditional use pen11lt for a new bank
with a drive through in an OT zone for Farmers and Merchants State Bank, located 011 the north
side of Broadway Ave. between Meridian Road and Main Street, physical address 703 North
Main Street, Meridian. Idaho, subject to the following conditions of use and development:
A Adopt the Recommendations of the Planning and Zoning and Engineering staff as
modified by the Planning & Zoning Commission, as foHows:
ORDER CONDlTIONAL USE PERMIT
(CUP-03-050)
PAGE 1 OF 10
1. Tl1e building and site improvements shall be constructed per the approved plans suhmitted
with the revised application.
2. The applicant shall submit a Variance application for parking to accompany Ihis application
to the City Council hearing.
3. Shift the striping for the on-street parking in front of the proposed building approximately 9
feet west.
4. Wall signs are approved as submitted on the revised building elevations. Tvr'O freestanding
signs will be allowed for the project-the existing Farmers and Merchant pylon sign and a
monument sign on the Meridian Road located at least two feet behind the sidewalk,
dimensions to comply with i-O standards in the sign ordinance Table C. AllY additional
signs will require a modification ofthe Conditional Use Pemlit. A planned sign program
will be required for any additional tenant signs.
5. This conditional use permit shall be subject to the expiration provisions set forth in MeC 11.
17-4.B.
6. All 90-degree parking stalls shall be at least 9 feet wide and 19 feel deep per Ord i llflllce 11-
13-4.F. All t\.vo-way drive aisles adjacent to parking shall be at least 25 recl wIde. Drive-
thru lanes shall be constructed as depicted on the submitted site plans.
7. AU parking and drive aisles shall be paved for all uses; in compliance with the submitteu
plans. Handicap parking spaces shall be signed and striped in compliance wltl1 Federal
accessibili ty guidelines.
8. Sanitary sewer and water service shall be from main lines currently existing adjacent to the
subject prope11y.
9. All exterior lighting, whether attached to the building or located within the parking Jot, shall
be down-shielded or otherwise altered so that the light does not spill over onto adjacent
properties or right-of-way. All parking lot lighting shall be in accordance with Ordinance 11-
13-4C.
10. All SigIlage shall be in accorda]~ce with the standards set forth in this report and Section '1 !-
14 of the City Zoning and Development Ordinance. All slgnage is subject to review and shall
require separate permits.
1 L All construction and site improvements shall conform to the req.uirements of the Americans
ORDER CONDITIONAL USE PERl\ifir
(CUP-03~050)
PAGE 2 OF 10
with Disabilities Act and the adopted building and fire codes,
12. A drainage plan designed by a State ofIdaho licensed architect or engineer is required and
shall be submitted to the City Engineer (Grd. 557,10-1-91) for all off-street parking areas.
Stann water treatment and disposal must be designed in accordance with Depmtmellt of
Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices
for Idaho Cities and Counti es and City of Meridian standards and pol icies. Off-site disposal
into a surface water is prohibited unless the j urisdictiol1 which has au thority over the
receiving stream provides written authorization prior to development plan approval. The
applicant is responsible for filing all necessary applications with .the Idaho Department of
Water Resources regarding Shallow Injection Wells.
13. Celtificate of Occupancy: All required improvements must be complete priorto obtaining a
Certificate of Occupancy for the proposed development. A temporary Certificate of
Occupancy may be obtained by providing surety to the City in the form of a letter of credlt or
cash in the amount of 110% of the cost of the required improvements (inclncllng paving,
striping, landscaping, and irrigation). A bid must accompany any request for temporary
occupancy.
14. The planting of trees near streets shall comply with the parks department memo from Elroy
Huff dated December 9, 2003,
B. Adopt the Reconunendations of the Meridian Fire Department as follows:
I. Provide afire-flow per the International Fire Code Appendix D to service the project Fire
hydrants shall be placed an average. of 400' apart.
2. All intemal roads shall have a tuming radius of28' inside and 48' outside.
3. All Fire Lanes leading into and within the project shall have a cleal" driving surface with a
minimum wldth of 20' availab le at all times.
4. The revised plans will require that the building be fire sprinklered.
C. Adopt the Reconullendations of ACHD as follows:
I. The Board of Commissioners authorizes the expenditure of availabl.e collected impact
fees for the purchase of right-of-way dedicated by the applicant, witb the applicant
constructing a sidewalk as described below. However, if funds cannot be secured, the
applicant shEd! do one of the following:
a. Dedicate by donation (or through a development offset agreement whereby the
ORDER CONDITIONAL USE PER1'VIIT
(CUP.03.050)
PAGE 3 OF 10
applicant is reimbursed from impact fees to be collected solely frol11 the app1icalll's
specific development project) an a total of 35-feet ofright-of-vvay (from centerline) along
Meridian Road, and construct a minimum 5-foot wide concrete sidewalk along Meridian
Road, located a minimum of 28-feet from the centerline ofthe right-of-way.
b. Do not dedicate additional right-or-way, but construct a minimum 5-foot wide concrete
sidewalk along Meridian Road, located a minimum of 28-feet from the centerline of the
right-of-way, in an easement provided to the District.
C, Do not dedicate additional rightwof-way, but construct a minimum 5-foot wide concrete
sidewalk along Meridian Road, located at the back edge of the existing right-of-way,
Accomplish all necessary adjustments to properly accommodate existing drainage and
utili ties.
2. Dedicate a total of 1 O-feet of right-oE-way from the centerline (maximum of 12-feet from
centerline) of the alley abutting the parcel by means ofrecordation ofa final subdivision
plat or executlon ofa warranty deed prior to issuance ofa building ~)ermit (or other
required permits), whichever occurs first. Allow up to 30 business days to process the
righl-of-way dedication after receipt of all requested material. The owner wi II !l.Q1 be
compensated for this additional right-of-way because the alley is classi.fied as a local
street and is to be brought to adopted standards by the developers of abutti ng properti es.
3. If the City would like the applicant to construct angle parking on Broadway A venue,
provide one half of a 65-foot street section within the existing right-of-way. Obtain a
license agreement from the Distlict to maintain and stripe the Oil-street parking and
provide the District with a hold harmless agreement for the angle parking.
4. Provide a minimum 18.foot curb radius for all curb lines.
5. COllStl1lct a 28-foot wide driveway that intersects Broadway Avenue approximately 50-
feet east of Meridian Road (West 151 Street), as proposed.
6. Construct a 25-foot wide driveway to intersect Broadway Avenue approximately 255-feet
east of Meridian Road (West 1st Street), as proposed.
7. Construct a 35.foot wide drive'Yay that intersects the alley approximately 40-feet east of
Meridian Road, as proposed.
8. Construct a 28-foot wide driveway that intersects the alley approximately 195-feel east of
Meridian Road. as proposed.
ORDER CONDITIONAL USE PERMIT
(CGP.03-0S0)
PAGE 4 OF 10
9. Construct a 2B-foot wide driveway that intersects the alley approximately 255-feet east of
Meridian Road, as proposed.
10. Widen the aIJey access and utilize the access as a two-way driveway/alley fl'om Meridiall
Road to the drive-thru aisles that are proposed to intersect win, the alley, as proposed.
The maximulll width of the alley/drivewaywill be 30-feet.
J 1. Continue to utilize the existing alley as a one-way roadway until the entire alley can
function as a two-way alley (with the exception of the two-\.vay drive\vay/nlley fTom
Meridian Road to the drive-thru aisles that are proposed to intersect \vith the alley).
12. Design the alley loaded parking to provide a minimum clear distance 5:om the back of the
parking stall to the opposite side ofthe alley of2l-feet.
13. Construct all pedestrian ramps in accordance with ADA standards.
14. Obtain a license agreement for any landscaping or alternative surface (otber than
concrete) that will be located within the public right-of~way.
is. Comply with all Standard Conditions of Approval.
Standard Conditions of Approval
L
Any existing irrigation facilities shall be relocated outside of the right-of-way.
Atlutility relocation costs associated with improving street frontages abutting the site
shall be borne by the developer.
Replace any existing damaged curb, gutter and sidewalk and any that may be damaged
during the construction of the proposed development. Contact Construction Services at
387-6280 (with file number) for details.
Utility street cuts in pavement less than fi ve years old are not allowed unless approved in
writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file
numbers) for details,
5.
All design and construction shall' be in accordance with the Ada County Highway Dislridl
Policy Manual, ISPWC Standards and approved supplements, Construction Services
procedures and all applicable ACHD Ordinances unless specifically waived herein. An
engineer registered in the State of Idaho shall prepare and certify all improvement plans.
onDER CONDITIONAL USE PERMIT
(CUP-03-0S0)
PAGE 5 OF 10
6. The applicant shall submit revised plans for staff approval, prior to issuance of building
permit (or other required permits), which incorporates any required design changes.
7. Construction, use and property development shall be in confomlance with all applicable
requirements of the Ada County Highway District prior to District approval for
occupancy.
8. Payment of applicable road impact fees are required prior to building construction In
accordance with Ordinance #197, also known as Ada County Highway District Road
Impact Fee Ordinance.
9. It is the responsibility of the applicant to verify all existing utilities within the right-of-
way. The applicant at no cost to ACHD shall repair existing utilities damaged by the
applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least t\Vo
full business days prior to breaking ground within ACHD right-oE-way. The applicant
shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare
or Jilled) are compromised during any phase of construction.
10. No change in the terms and conditions of this approval shall be valid unless they are in
writing and signed by the applicant or the applicant's authorized representative and an
authorized representative of the Ada County Highway District. The burden shall be upon
the applicant to obtain written confirmation of any change from the Ada County Highway
District.
11. Any change by the applicant in the planned use of the property which is the subject of this
application, shall require the applicant to comply with aJl rules, regulations, ordinances,
plans, or other regulatory and legal restrictions in force at the time the applicant or its
successors in interest advises the Highway District of its intent to change the planned use
of the subject property unless a waiver/variance of said requirements or other legall'elief
is granted pursuant to the law in effect at the time the change in Lise is sougbt.
D. Adopt the Reconunendations of the Parks Department as follows:
L Tree Box diameter 6'x6' J.D.
2. Walls.8" W x. 16" 0 with re.bar.
3. A tree grate frame must be set into the box before pouring concrete.
4. Center ofthe tree is 36" back of curb.
ORDER CONDITIONAL USE PERMIT
(C LJP-03-050)
PAGE 6 OF ]0
5. A tree grate will fit each frame with the grate specifications being 6' x 6' with a French
pattern made of cast iron with no finish.
6. Grates will come to Meridian Parks and Recreation Department then sent Ollt to have a
powder coat paint finish applied.
7. Planting Depth ~ root flare 4" below bottom oftree grate.
8. Irrigation - Each tree will have irrigation that will meet Parks Arborist approval.
9. All irrigation and power will be routed olltsjde of the tree box walls.
10. Each box will have a small traffic rated steel box next to it with an isolated irrigation valve.
1 t. Inigatioll should be in an in-ground double check back flow with ail electronic valve and
timer.
12. Native soils sufficient for tree root growth will be on the outside area of the tree boxes.
13. The Arborist will approve street tree species and cultivar.
E. Adopt the Comments of Sanitary Service as follows:
1. Consideration could be given to sharing the waste container \.vith Meridian Clty
Hall.
2. Allow for 60' frontage clearance to the enclosure and 10' inside of the gate posts
for clearance.
F. Adopt the Recommendations of Narnpa & Meridian Irrigation District as follows:
1. If all municipal surface drainage must be retained on site no further review is
required. However, if any surface drainage leaves the site, the Dj strict m lIst
review drainage plans and requires a Land Use Change Application to be filed for
review prior to final platting.
2. AU laterals and waste ways must be protected.
3. The developer must comply with Idaho code 31-3805.
OIlDEn COI\"DITlONAL L:SE PERMIT
(ell P~03-050)
PAGK 7 OF 10
G. Adopt the comment of the Water Department as follows:
1. There is no water line stubbed into this property.
H. Adopt the action of the City Council taken at their January 20,2004 meeting as 10110\-\'5:
For clarification:
1. The revised Preliminary Site Plan that were submitted dated 12-01-03 and stamped"
RECEIVED DEe 02 2003 City of Meridian City Clerk Office, are hereby approved.
2. The applicant shall remove the existing Falmers and Merchants State Bank building upon
occupancy of the new building facility.
3. Pertaining to having either pavers or stamped concrete within the landscaping around the
trees, this issue shall be resolved between ACHD and City staff. U!}on final resolution to
this issue, the applicant shall abide by City staffs decisioll.
3. The above conditions are concluded to be reasonable and the applicant shall meet
such requirements as a condition of approval ofthe application for a conditional use permit.
4. Notice to Permit Holder, this conditional use permit is not transferable witl10lLt
complying with the provisions of Meridian City Code 9 11 ~ 1 7-8, a copy of which .is attached to
this permit.
NOTICE OF EIGHTEEN (18) MONTH CONDITIONAL USE PERMIT
DURATION
Please take notice that the conditional use permit shall be valid for a maximum period of
eighteen (18) months unless otherwise approved by the counciL Durir.lg this time, the permit
holder must commence the use as permitted in accordance with the condilions of approval,
satisfy the requirements set forth in the conditions of approval, acquire bui lding pellllils and
commence construction of permanent footings or structures on or in the ground. In this context
ORDER CONDITIONAL USE PERMIT
(CUP-03-050)
PAGE 8 OF JO
"structures" shall include sewer and water lines, streets or building construction. The applicant
has specified in the application and to the commission and council a construction schedule and
completion date for the project. If the completion date specified for the project is exceeded, the
conditional use application shall become null and void. However, the applicant may submit an
application for a time extension on the project for city council review. The application for time
extension shall be submitted at least thirty (30) days prior to the deadline for completion oftlle
project. For projects requiring platting, the final plat must be recorded within this eighteen (18)
month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to
the first phase, In the event that the development is made in successive conti.guous segments or
multiple phases, such phases shall be constlUcted within successive intervals of one year from the
original date of approval by the council. If the successive phases are not submitted within one
year intervals, the conditional approval of the future phases shall be null and void. ((vICe [1-17-
4.8.)
NOTICE OF FINAL ACTION
AND RIGHT TO REGULATORY TAKINGS ANALYSIS
The Applicant is hereby notified that pursuant to Idaho Code 67 -8003, the Owner may
request a regulatory taking analysis. Such request must be in writing, and must be fi.led with the
City Clerk nol more than twenty-eight (28) days after the final decision concerning the matter at
issue. A request for a regulatory takings a~alysis will toll the time period within which a Petition
for Judicial Revlew may be filed.
Please take notice that this is a final action of tile goveming body of the City of
ORDER CONDlTIONAL USE PERMIT
(CLP-03~050)
PAGE 9 OF 10
Meridian, pursuant to Idaho Code ~ 67-6521 an affected person being a person who has an
interest in real property which may be adversely affected by the issuance or denial aftile
conditional use peml!! approval may within twenty-eight (28) days after the date of this decision
and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code.
By action of the City Council at its regular meeting held on the
:}~
day of
F.p.-brU-{Vl-:J-
,2004.
uJJll'~
T....m> ~eWecf<l, MO)Ol City Of~
N..(.."J.f.1/o~4:,r-- iltU"!j _
~"~~~~fl CP~W(/
I '8' ;;;p~ ~ %
~~~~ : SEAL~~ )
11liarn G. Berg, Jr., City C rk ~ _ ~(/. ....~ 0 g
~ ~ 'S'r 1si . ~"
~-;. "1 r.-. ~~ ...~$'
/J..{f;.;.f....r.,~It-!7'l .' \\\\\\
Copy served upon Applicant, the Planning an(}'~oi1;i-ng,Jjepartment, Public Works Department
~Uld Ci ty Attorney.
Attest:
By:~~k'~r Dated: t-3-tJ4--
City Clerk
~
I ~ { '. ~ I L
Z;\Work.\lvl\Mcridian\M~ridian 15J60M\FlITlrnrs and Merchants Stale Bank CUP-03-0S0\OrderCUl' .doc
ORDER CONDITIONAL USE PERMIT
(ClJP-03-050)
PAGE 10 OF 10
AprilS,2005
MERIDIAN CITY COUNCIL MEETING
APPLICANT Mayor's Office
April 12, 2005
Department Reports
ITEM NO,
6-A~3
REQUEST Appointment of Youth Member to Parks Commission
AGENCY COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATIORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
~\jJ'~ f:jS\PL-({'
........r:: -.10 (
\ '(c, ~
.d
~
Contacted:
Emalled:
Date:
Staff Initials:
Phone:
Materials presented at public meetings shall become property of the City of Meridian.
April 8, 2005
MERIDIAN CITY COUNCIL MEETING
APPLICANT Randy Worden
AZ 04-035
April 12, 2005
ITEM NO.
18
REQUEST Ordinance - Request for Annexation and Zoning of 5,04 acres from RUT to R-4
zones for Klamath Basin Subdivision - 4625 West Ustick Road
AGENCY
COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER OEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SE1TLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
See attached Ordinance
~"0
~ 1;'\
f(j(Q\
Contacted:
Emailed:
Date: 4 l { uS
COM Staff Initials:
Phone:
t-iQ
NOTICE AND PUBLISHED SUMMARY
OF ORDINANCE PURSUANT TO I.C. t So-901(A)
CITY OF MERIDIAN ORDINANCE NO. 05- ~
PROVIDING FOR RE-ZONING ORDINANCE
An Ordinance of the City of Meridian granting re-zoning for land known as Klamath Basin
Subdivision commonly known as a portion of the Northwest Y4 of the Northwest Y4 of Section 3, Township
3 North, Range 1 West of the Boise Meridian, Ada County, Idaho, more particularly described in
Attachment "A".
This parcel contains 5.01 acres more or less.
Also, this parcel is SUBJECT TO all easements and rights-of-way of record or implied.
As surveyed by B & A Engineers, Inc. as attached as exhibit "B" and is not based on an
actual field survey.
A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33
East Idaho, Meridian, Idaho. This ordinance shall become effective on the t2-f\- day of
Aprll .2005. -
d!~
City of Meridian
Mayor and City Council
By: William G. Berg, Jr., City Clerk
First Reading: A pri I ~ 2\ 200;
Adopted after first reading by suspension of t
YES)C NO ~
Second Reading: -
Third Reading:
STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY
OF ORDINANCE NO. 05- ( 13 t1J
The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho,
hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached
Ordinance No. 05-.J..l,li of the City of Meridian, Idaho, and has found the same to be true
and complete and provides adequate notice to the public pursuant to Idaho Code ~ 50-901A (3).
DATED this 26 day of April, ~~51J. )
fA.A.!j( /''7_ J~
William. L.M. Nary
City Attorney
ORDINANCE SUMMARY - AZ-04-035 KLAMATH FALLS SUBDIVISION - Page 1
ADA COUNTY RECORDfr'") DAVID NAVARRO
BOISE IDAHO 04/21/05 \..;45 PM
DEPUTY Vicki Allen
RECORDED - REQUEST OF
Meridian City
AMOUNT .00
II Jill! 111I1 J 11I111111111 111111111111
105048794
CITY OF MERIDIAN ORDINANCE NO. 05 -/139
BY THE CITY COUNCIL: BIRD, DONNELL, ROUNTREE, WARDLE
AN ORDINANCE (AZ-04-035 KLAMATH BASIN SUBDIVISION) FOR
PROPERTY LOCATED IN THE NORTHWEST 'l<l OF THE NORTHWEST 'l<l OF
SECTION 3, TOWNSHIP 3 NORTH, RANGE 1 WEST OF THE BOISE
MERIDIAN, ADA COUNTY, IDAHO AS DESCRIBED IN ATTACHMENT "A"
AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA
COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE
CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY
THE CITY OF MERIDIAN.; ESTABLISHING AND DETERMINING THE LAND
USE ZONING CLASSIFICATION OF SAID LANDS FROM RUT (ADA
COUNTY) TO R-4 (MEDIUM DENSITY) IN THE MERIDIAN CITY CODE;
PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH
THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE
IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND
PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING
FOR A WAIVER OF THE READING RULES; AND PROVIDING AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY
OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO:
SECTION 1. That the following described land as evidenced by attached Legal
Description herein incorporated by reference as Exhibit "A" is within the corporate limits of the
City of Meridian, Idaho, and that the City of Meridian has received a written request for re-
zoning by the owner of said property, to-wit: Randy Worden
SECTION 2. That the above-described real property is hereby annexed and zoned from
RUT (Ada County) to R-4 (Medium Density) in the Meridian City Code.
SECTION 3. That the City has authority pursuant to the laws of the State ofldaho, and
the Ordinances of the City of Meridian to annex and zone said property.
SECTION 4. That the City has complied with all the noticing requirements pursuant to
the laws of the State ofldaho, and the Ordinances ofthe City of Meridian to annex and zone said
property.
SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as
well as the official zoning maps, and all official maps depicting the boundaries and the zoning
districts of the City of Meridian in accordance with this ordinance.
ANNEXATION OF AZ-04-035 KLAMATH BASIN SUBDIVISION - Page 1 of 3
SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith
are hereby repealed, rescinded and annulled.
SECTION 7. This ordinance shall be in full force and effect from and after its passage,
approval and publication, according to law.
SECTION 8. The Clerk ofthe City of Meridian shall, within ten (10) days following the
days following the effective date of this ordinance, duly file a certified copy of this ordinance
and a map prepared in a draftsman manner, including the lands herein rezoned, with the
following officials ofthe County of Ada, State ofldaho, to-wit: the Recorder, Auditor, Treasurer
and Assessor and shall also file simultaneously a certified copy of this ordinance and map with
the State Tax Commission of the State of Idaho.
SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the
Members of the full Council, the rule requiring two (2) separate readings by title and one (1)
reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall
be in full force and effect upon its passage, approval and publication.
PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this
~ day of Arne \ ,2005.
APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this
12th dayof Arn I
.JI~'~.
ATTEST:
CITY CLERK
ANNEXATION OF AZ-04-035 KLAMATH BASIN SUBDIVISION - Page 2 of3
STATE OF IDAHO, )
) ss.
County of Ada )
On this ~ day of Air; I ,2005, before me, the undersigned, a
Notary Public in and for said State, personal y appeared TAMMY de WEERD and WILLIAM G.
BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the CITY of Meridian,
Idaho, and who executed the within instrument, and acknowledged to me that the City of
Meridian executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
(SEAL)
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ANNEXATION OF AZ-04-035 KLAMATH BASIN SUBDIVISION ~ Page 3 of3
141002
B ,&' A J;.ngineerS,.lnC.
Con S ,u I t i ri g E n g i 11 e c r $ &. Sur v e y 0 r s
5505 'it. F.rankJin 1\ d- Boise. J d. 83705
Ph. 208.343.338 I Fax 208-342'5792
Klamath Basin Subdivision
Annexation Description
A parcel of land situate in the northwest quarter of the northwest quarter of Section 3,
To\:VIlsbip 3 North, Range 1 West. Boise Meridian, Ada County, Idaho, being more
particularly described as follows:
Comroencmg at the northwest corrier of said Sectlmr'3; the-'reJNT'o F -BEGINNING;
Thence S89010'29nE, 778.7] teet along the north boundary of said Section 3 to
the northwest corner of Staten Park Subdivision as recorded in Book 86 of Plats at
Pages 9713 and 9714, records of Ada County;
Thence SOo032'31 "W, 515.78 feet along 1hc westerly boundary of said Staten
Park'Subdivision to the southwest comer of said Subdivision in the Eight Mile
Canal;
Thence N60005'3T'W, 22.04 feet along said Eight Mile Canal;
Thence N52035'29"W, 119.61 feet along said Eight Mile Canal;
Thence N59"21 '36"W, 231.08 feet along said Eight Mile Canal;
Thence N62055' 36"W, 277 .87 feet along said Eight Mile Canal;
Thence N48026'3S;'W. 153.95 feet along said Eight Mile Canal;
Thence N62026'16"W, 58.81 feet along ;:laid Eight Mile Canal;
Thence N78030~09"W, 47.69 feet along said Eight Mile Canal to the westerly
boundary of said Section 3;
Thence NOo038'44"E, 60.24 feet along ilie said westerly boundary of Section 3 to
the POINT OF BEGINNING.
The above-described parcel contains 5,01 acres, more or less.
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April 8, 2005
MERIDIAN CITY COUNCIL MEETING
APPLICANT Jayo Construction
AZ 04-034
April 1 2, 2005
ITEM NO.
19
REQUEST Ordinance - Request for Annexation and Zoning of 19.63 acres from RUT to R-8
zones for Hacienda Subdivision - 6000 North Meridian Road
AGENCY
COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY AlTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
Contacted: 6P/I..I}~ It! t.JzeQ Date: 1.//1 r{os- Phone:
Emailed: Sho..wrl (&> l o;."J. (10^ swfo.f\+.5. Mf Staff Initials: AX<-
Materials presented at public meetings shall become property of the City of Meridian.
See attached Ordinance
~~~1
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NOTICE AND PUBLISHED SUMMARY
OF ORDINANCE PURSUANT TO I.c. ~ 50-901(A)
CITY OF MERIDIAN ORDINANCE NO. 05-~
PROVIDING FOR RE-ZONING ORDINANCE
An Ordinance of the City of Meridian granting re-zoning for land known as Hacienda Subdivision
commonly located in the West Y2 of the Northwest 14 of Section 30, Township 4 North, Range 1 East of
the Boise Meridian, Ada County, Idaho, more particularly described in Attachment "A",
This parcel contains 19.63 acres more or less.
Also, this parcel is SUBJECT TO all easements and rights-of-way of record or implied.
As surveyed by Land Consultants as attached as exhibit "B" and is not based on an actual
field survey.
A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33
East Idaho, Meridian, Idaho. This ordinance shall become effective on the 12-1-- day of
A:pn \ , 2005.
First Reading: 4-/2 -tJt;;
Adopted after first reading by suspension oftlie
YES >c NO
Second Reading: -
Third Reading:
STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY
OF ORDINANCE NO. 05- 1(4- 2--
The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho,
hereby certifies that he is the legal advisor ofthe City and has reviewed a copy of the attached
Ordinance No. 05- I (tf2-ofthe City of Meridian, Idaho, and has found the same to be true
and complete and provides adequate notice to the public pursuant to Idaho Code S 50-901A (3).
. ? A Am ,
DATED thIS ~ day ofMffi:efl, ?O~S;; J
Cr-JJ!.t 17 .J~
William. L.M. Nary
City Attorney
ORDINANCE SUMMARY - AZ-04-034 HACIENDA SUBDIVISION - Page 1
NOTICE AND PUBLISHED SUMMARY
OF ORDINANCE PURSUANT TO Le. ~ 5o-901(A)
CITY OF MERIDIAN ORDINANCE NO. 05- 1140
PROVIDING FOR AN AMENDMENT MERIDIAN CITY
SOLID WASTE ORDINANCE
An Ordinance of the City of Meridian amending Title 4, Public Health & Safety,
Chapter I, Sections 1-23 of the Meridian City Code
A full text of this ordinance is available for ins e<;tion at City Hall, City of Meridian,
33 East Idaho, Meridian, Idaho. This ordi . e effective upon the passage
and publication.
First Reading: 4- .12 -OS
Adopted after first reading by suspension ofthe
50-902: YES )l NO-
Second Reading:-- -
Third Reading:
STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF
SUMMARY OF ORDINANCE NO. 05- 114/J
The undersigned, WiUiam L.M. Nary, City Attorney of the City of Meridian,
Idaho, hereby certifies that he is the Ij(ID!,I advisor of the City and has reviewed a copy of
the attached Ordinance No. 05- ii'lL' of the City of Meridian, Idaho, and
has found the same to be true and complete and provides adequate notice to the public
pursuant to Idaho Code ~ 50-901A (3),
DATED this 2D day of April, 2~O~. /J
cJ~lf'~
William. L.M. Nary
City Attorney
SOLID WASTE ORDINANCE SUMMARY - Page 1 of!
ADA COUNTY RECORd--. i, DAVID NAVARRO AMOUNT ,no 5
BOISE IDAHO 04/21/05 01:45 PM
DEPUTY Vicki Allen 111111111111111I111111111111I11111111
REC~~DED,- REQUEST OF 105048795
MeridIan City
CITY OF MERIDIAN ORDINANCE NO. 05~ 111'2
BY THE CITY COUNCIL: BIRD, DONNELL, ROUNTREE, WARDLE
AN ORDINANCE (AZ-04-034 HACIENDA SUBDIVISION) FOR PROPERTY
LOCATED IN A PORTION OF THE WEST ~ OF THE NORTHWEST ~ OF
SECTION 30, TOWNSHIP 4 NORTH, RANGE 1 EAST OF THE BOISE
MERIDIAN, ADA COUNTY, IDAHO AS DESCRIBED IN ATTACHMENT "A"
AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA
COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE
CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY
THE CITY OF MERIDIAN; ESTABLISHING AND DETERMINING THE LAND
USE ZONING CLASSIFICATION OF SAID LANDS FROM RUT (ADA
COUNTY) TO R-8 (MEDIUM DENSITY) IN THE MERIDIAN CITY CODE;
PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH
THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE
IDAHO STATE TAX COMMISSION, AS REQUIRED BYLAW; AND
PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING
FOR A WAIVER OF THE READING RULES; AND PROVIDING AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY
OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO:
SECTION 1. That the following described land as evidenced by attached Legal
Description herein incorporated by reference as Exhibit "A" is within the corporate limits of the
City of Meridian, Idaho, and that the City of Meridian has received a written request for
annexation and re-zoning by the owner of said property, to-wit: Michael Adkins
SECTION 2. That the above-described real property is hereby annexed and re-zoned
from RUT (Ada County) to R-8 (Medium Density) in the Meridian City Code.
SECTION 3. That the City has authority pursuant to the laws of the State ofIdaho, and
the Ordinances of the City of Meridian to annex and zone said property.
SECTION 4. That the City has complied with all the noticing requirements pursuant to
the laws of the State ofldaho, and the Ordinances of the City of Meridian to annex and zone said
property.
SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as
well as the official zoning maps, and all official maps depicting the boundaries and the zoning
districts of the City of Meridian in accordance with this ordinance.
ANNEXATION OF Az..04-034 HACIENDA SUBDIVISION ~ Page 1 of3
SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith
are hereby repealed, rescinded and annulled.
SECTION 7. This ordinance shall be in full force and effect from and after its passage,
approval and publication, according to law.
SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the
effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in
a draftsman manner, including the lands herein rezoned, with the following officials ofthe
County of Ada, State ofIdaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall
also file simultaneously a certified copy of this ordinance and map with the State Tax
Commission ofthe State ofIdaho,
SECTION 9. That pursuant to the affinnative vote of one-half (112) plus one (1) of the
Members of the full Council, the rule requiring two (2) separate readings by title and one (1)
reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall
be in full force and effect upon its passage, approval and publication.
PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this
\2.~ day of A-pn' I , 2005.
APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this
121i" day of A-pn \ ,2005.
ANNEXATION OF AZ-04~034 HACIENDA SUBDIVISION - Page 2 of3
STATE OF IDAHO, )
) ss.
County of Ada )
On this ~~ay of Afr; l ,2005, before me, the undersigned, a
Notary Public in and for said State, personally appeared TAMMY de WEERD and WILLIAM Q.
BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the CITY of Meridian,
Idaho, and who executed the within instrument, and acknowledged to me that the City of
Meridian executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
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ANNEXATION OF AZ-04-034 HACIENDA SUBDIVISION - Page 3 of3
~ 09 200~."_..~' EY ENGINEERING INC
10013
p.2
C~~7
Annexation Boundary Oascription
For
Jayo Company
A parcel for annexation purposes located in Government Lots 1 and 2 in the NW % of
Section 30, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho, more
particularly described as follows;
Commencing at a brass cap monument marking the southwest corner of said NW %
(% corner), from which a 5/8 inch diameter iron pin marking the northwest corner of said
Government Lot 2 bears N 0002'03" W a distance of 1330.58 feet;
Thence N 0002'03" W along the westerly boundary of said NW }'4 a distance of 796.14
feet to the POINT OF BEGINNING;
Thence continuing along said westerly boundary N 0002'03" W a distance of 534.44 feet
to a 5/8 inch diameter iron pin;
Thence continuing along said westerly boundary N 0001'30" W a distance of 261.12 feet
to a point;
Thence leaving said westerly boundary N 89040'43" E a distance of 1100.65 feet to a
5/8 inch diameter iron pin;
Thence S 0002'36" W along the easterly boundary of said Government Lots 1 and 2 a
distance of 795.12 feet to a 5/8 inch diameter iron pin;
Thence leaving said easterly boundary S 89039'20" W a distance of 1099.61 feet to the
POINT OF BEGINNING.
This parcel contains 20.09 acres and is subject to any easements existing or in use.
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Clinton W. Hansen, PLS
Land Solutions, PC
November 8, 2004
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ADA COUNTY RECOR( ), DAVID NAVARRO
BOISE IDAHO 05f10/05u2:08 PM
DEPUTY Vicki Allen
RECORDED - REQUEST OF
Meridian City
AMOUNT .00
111111111I111111111111111111111111111
105058637
CITY OF MERIDIAN
RESOLUTION NO. tJfi - 47 (
BY THE CITY COUNCIL:
BIRD, DONNELL, ROUNTREE, WARDLE
A RESOLUTION V ACA TING EAST MANDERL Y LANE AND A 30-
FOOT WIDE AGRICULTURAL EASEMENT, BOTH BEING ONE IN THE
SAME AS SHOWN ON THE PLAT OF LARKWOOD SUBDIVISION, AT THE
NORTH BOUNDARY LINE OF LOT 13, BLOCK 2 FOR TUSTIN
SUBDIVISION; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, on April 12, 2005, the City Council of Meridian, held a hearing on
the vacation of East Manderly Lane and a 30-foot wide agricultural easement, both being
one in the same as shown on the plat of Larkwood Subdivision, at the North Boundary
Line of Lot 13, Block 2 for Tustin Subdivision, Boise Meridian, Ada County, Meridian,
Idaho, and
WHEREAS, after such hearing, the City Council, by formal motion, did approve
said described vacation; and
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO:
Section 1. That a 30-foot wide agricultural easement, both being one in the same
as shown 0 the plat of Larkwood Subdivision, at the North Boundary Line of Lot 13,
Block 2 for Tustin Subdivision, Boise Meridian, Ada County, Meridian, Idaho is hereby
vacated. Copies of the necessary relinquishments are attached as Exhibit "A".
Section 2. That this Resolution shall be in full force and effect immediately upon
its adoption and approval.
PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN,
61:6-
IDAHO, this ~ day of
Il-r/Z
, 2005.
VACATION OF MANDERLY LANE/AGRICULTURAL EASEMENT -TUSTIN SUBDIVISION Page I of2
APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO,
this 2b -tf'day of + / L , 2005.
ATTEST:
A~~~(2{
CITY CLERK "
STATE OF IDAHO, )
) ss
County of Ada )
On this ~ day of tJ-f'; I ,2005, before me, the
undersigned, a Notary Public in and for said State, personally appeared TAMMY de
WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk,
respectively, of the CITY of Meridian, Idaho, and who executed the within instrument,
and acknowledged to me that the City of Meridian executed the same,
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year first above written.
(SEAL)
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SID GAT: fYJer}cl';tll/L
OMMISSION EXPIRES: ~
VACATION OF MANDERLY LANE/AGRICULTURAL EASEMENT wTUSTIN SUBDIVISION Page 2 of2
Engineering North West, LLC
423 N. Ancestor Place, Suite 180 Boise, Idaho 83704
(208) 376~5000 . Fax (208) 376-5556
Project No. 04-004-01
Date: April 16, 2004
LARKVVOOD
AGRICULTURAL EASEMENT DESCRIPTION
An easement located in Lot 13, Block 2 ofLarwood Subdivision as same is shown on
the Plat thereof recorded in Book 58 of Plats at Page 5494 of Ada County Records~ located in the
SE 1/4 of Section 30, T. 4 N., R. I E., B.M., Ada County, Idaho~ more particularly described as
follows:
Commencing at the section comer common to Sections 29,30,31 and 32 of said TAN"
R.1E.;
Thence North 00000'00" East, 1784.77 feet on the section line common to said Sections
29 and 30;
Thence North 89013'04" West~ 30.00 feet to the northeast comer of Lot 13, Block 2 of
said Larkwood Subdivision) said point being the REAL POINT OF BEGINNING;
Thence.South 00000'00" West, 30.00 feet au the easterly lot line of said Lot 13, which
line is also the westerly right-of-way line of North Locust Grove Road;
Thence leaving said lot line and right-of-way line, North 89013 '04" West, 1091.11 feet;
Thence South OOoOO~OO" West, 45.00 feet;
Thence North 89013'04" West, 45.00 feet;
Thence North OOoOO~OO"East, 45.00 feet;
Thence North 890 13104" West~ 20.00 feet to a point on the lot line common to Lots 2 and
13, Block 2 of said Larkwood Subdivision;
Thence North 00000'00" East, 30.00 feet on said common lot line to the northerly lot
comer common to said Lots 2 and 13;
Thence South 89013104'1 East, 1156.11 feet on the northerly lot line of said Lot 13 to the
real point of beginning.
PREPARED BY:
Engineering NorthWest, LLC
James R. Washburn, PLS
P"age I of [
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW AND
DECISION & ORDER
In the Matter of a Request for Annexation and Zoning of 76.72 Acres from RUT (Ada
County) to R-3 (Rural Medium Density Residential) AND Preliminary Plat Approval of
One-Hundred- Thirty (130) Building Lots and Thirty-Four (34) Common Lots AND
Conditional Use Permit Approval for a Residential Planned Development Consisting of
Single-Family Homes with Reduced Street Frontage and Increased Maximum Block
Length, by Vision First, LLC.
Case No(s): AZ-05-003, PP-05-004, CUP-05-004
For the City Council Hearing Date of: April 12, 2005
A, Findings of Fact
1. Hearing Facts
a. A notice of a public hearing was published for two (2) consecuti ve weeks prior to
the City Council public hearing, the first publication appearing and written notice
mailed to property owners or purchasers of record within three hundred feet (300')
of the external boundaries of the property. The notice of public hearing before the
City Council was posted upon the property under consideration more than one week
before said hearing. All other noticing was done consistent with Idaho Code S67-
6509,
The matter was duly considered by the City Council at the April 12, 2005, public
hearing(s). The applicant, affected property owners, and government subdivisions
providing services within the planning jurisdiction of the City of Meridian were
given full opportunity to express comments and submit evidence.
b. Wlitten and oral testimony was received on this matter, as reflected in the records
of the City Clerk (for written testimony) and in the official meeting minutes (for
oral testimony).
c. The Planning and Zoning Commission conducted a public hearing and issued a
written recommendation on the subject matter to the City CounciL
d. The City Council heard and took oral and written testimony and duly considered the
evidence and the record in this matter.
2. Process Facts
a. There has been compliance with all notice and hearing requirements set forth in
Idaho Code S67-6509, 6512, and Meridian City Code SS 11-15-5 and 11-17-5 as
evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of
Posting filed with the staff report.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-05-003 / PP-05-004 / CUP-D5-004- PAGE I of 5
3. Application and Property Facts
a, In addition to the application and property facts noted in the staff report and the
Plmming & Zoning Recommendation for the subject application(s), it is hereby
verified that the property owner(s) of record at the time of issuance of these
findings are Kingsbridge Properties, LLC, David L. and Kathleen S. Palfreyman,
David A. and Janie Teeter, and Joe-D Acres, Inc.
4, Required Findings per Zoning and Subdivision Ordinance
a. See Exhibits G, H, and I for the findings required for these applications.
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land
Use Plmming Act of 1975," codified at Chapter 65, Title 67, Idaho Code (LC, ~67-
6503).
2. The Meridian City Council takes judicial notice of its Zoning, Subdivision and
Development Ordinances codified at Titles 11 and 12, Meridian City Code, and all
current zoning maps thereof. The City of Meridian has, by ordinance, established the
Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was
adopted August 6, 2002, Resolution No. 02-382 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code
~ 11-17-9.
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not
impose expense upon the public ifthe attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision, which
shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon
the applicant, the Planning and Zoning Department, the Public Works Department and
any affected party requesting notice.
7. That this approval is subject to the Legal Description in Exhibit A, the Preliminary Plat
dated April 5, 2005 as shown in Exhibit B, the Site Plan dated AprilS, 2005 as shown
in Exhibit C, the Annexation and Zoning Comments as shown in Exhibit D, the
Preliminary Plat Site Specific and Standard Conditions as shown in Exhibit E, and the
CUP/PD Site Specific and Standard Conditions as shown in Exhibit F. The conditions
are concluded to be reasonable and the applicant shall meet such requirements as a
condition of approval of the application.
C, Decision and Order
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-05-003 / PP-05-004 / CUP-05-004- PAGE 2 of5
Pursuant to the City Council's authority as provided in Meridian City Code 9 12-3-5 and
based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby
ordered that:
1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary
Plat dated April 5, 2005 is hereby conditionally approved;
2. The applicant's Site Plan as evidenced by having submitted the Site Plan dated April
5,2005 is hereby conditionally approved; and,
3. The Site Specific and Standard Conditions are as shown in Exhibits E and F.
D. Notice of Applicable Time Limits
1. Notice of Eighteen (18) Month Conditional Use Permit Duration
Please take notice that the conditional use permit shall be valid for a maximum period
of eighteen (18) months unless otherwise approved by the council. During this time,
the permit holder must commence the use as pennitted in accordance with the
conditions of approval, satisfy the requirements set forth in the conditions of approval,
acquire building permits and commence construction of permanent footings or
structures on or in the ground. In this context "structures" shall include sewer and
water lines, streets or building construction. The applicant has specified in the
application and to the commission and council a construction schedule and completion
date for the project. If the completion date specified for the project is exceeded, the
conditional use application shall become null and void. However, the applicant may
submit an application for a time extension on the project for city council review. The
application for time extension shall be submitted at least thirty (30) days prior to the
deadline for completion of the project. For projects requiring platting, the final plat
must be recorded within this eighteen (18) month period. For projects with multiple
phases, the eighteen (18) month deadline shall apply to the first phase. In the event that
the development is made in successive contiguous segments or multiple phases, such
phases shall be constructed within successive intervals of one year from the original
date of approval by the council. If the successive phases are not submitted within one
year intervals, the conditional approval of the future phases shall be null and void.
(MCC 11-17-4.B.)
2. Notice of Twelve (12) Month Preliminary Plat Duration
Please take notice that after the date of approval of the preliminary plat, the owner or
developer shall have one year within which to file the request for approval of the final
plat. After approval of final plat, the owner or developer shall have one year to begin
construction of the public utilities and one year thereafter to complete construction of
those public facilities. (MCC 12-2-4.B & C.)
E. Notice of Final Action and Right to Regulatory Takings Analysis
1, The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may
request a regulatory taking analysis. Such request must be in writing, and must be filed
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-05-003 / PP-05-004 / CUP-05-004- PAGE 3 of 5
with the City Clerk not more than twenty-eight (28) days after the final decision
concerning the matter at issue. A request for a regulatory takings analysis will toll the
time period within which a Petition for Judicial Review may be filed.
2. Please take notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code S 67-6521 an affected person being a person who has
an interest in real property which may be adversely affected by the issuance or denial of
the conditional use permit approval may within twenty-eight (28) days after the date of
this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho
Code.
F. Exhibits
Exhibit A:
Exhibit B:
Exhibit C:
Exhibit D:
Exhibit E:
Exhibit F:
Exhibit G:
Exhibit H:
Exhibit I:
Legal Description
Approved Preliminary Plat (with conditions)
Approved Site Plan (with conditions)
Annexation and Zoning Comments
Preliminary Plat Site Specific and Standard Conditions
CUP/PD Site Specific and Standard Conditions
Zoning Amendment Findings
Preliminary Plat Findings
CUP/PD Findings
By action of the City Council at its regular meeting held on the .~rrJ..-
IV\illj ,2005.
day of
COUNCIL MEMBER SHAUN WARDLE
VOTED~
COUNCIL MEMBER CHRISTINE DONNELL
VOTED.
COUNCIL MEMBER CHARLIE ROUNTREE
VOTED~
COUNCIL MEMBER KEITH BIRD
VOTED~
VOTED~
MAYOR TAMMY de WEERD
(TIE BREAKER)
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-05-003 / PP-05-004 I CUP-05-004- PAGE 4 of 5
and City Attorney.
By: k() AJ\.D ~\Y'.-.
City Clerk's Office
Dated: S- \ LD-05
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-05-003/ PP-05-004 / CUP-05-004- PAGE 5 of5
EXHIBIT A
Kingsbridge Subdivision
AZ-05-003
Legal Description (3 pages)
FOX Land
lfner.?
4696 Ovorland Rd, STE 162.:1 Boise Idaho _\ 83705.1 208-342-7957 ..\ 208-342.7437 FAX
PROPOSED KINGSBRIDGE SUBDIVISION
Lor 11, BLOCK 2 OF DARTMOOR SUBDIVISION WITHIN A PORTION OF THE SOUTH 'I. OF THE
NORTHWEST Y4, AND, THE NORTH 'I. OF THE NORTHWEST % OF THE SOUTHWEST %. SECTION
28, TOWNSHIP 3 NORTH. RANGE 1 EAST. BOISE MERIDIAN, ADA COUNTY, IDAHO
Lot 11, Block 2 of Dartmoor Subdivl'sion within a Portion of The South y,. of the
Northwest x., and, the North y" of the Northwest Y. of the Southwesl X, Section 28,
Township 3 North, Range 1 East, BOise Meridian, Ada County, Idaho, more particularly
described as follows;
Beginmng at a found Brass Cap Monument marking the Northwest Corner of Section 28,
Township 3 North, Range 1 East, Boise Meridian, from which a found Brass Cap
Monument marking the Y. Corner common to Sections 21 and 28 bears South 89036'03"
East a distance of 2,657.34 feet;
thence along the boundary common to Sections 28 and 29 of said Township and Range,
Soulh 00"27'43" West, a distance of 2,641.93 feet to a found 5/8" rebar with no cap, set
plastic cap stamped "FLSI PLS 7612", marking the Y. corner common 10 Seclions 28 and
29 of said Township and Range, the TRUE POINT OF BEGINNING;
thence along the East-West center line of Section 28, South 89023'38" East, a distance of
45.00 feet to a set 5/8" rabar with plastic cap stamped "FLSI PLS 7612" on the Easterly
right-of-way of Eagle Road, marking the Southwest corner of Lot 11, Block 2 of Dartmoor
Subdivision:
thence along said Easterly rigllt-of-way of Eagle Road and the Westerly boundary of said
Lot11, Block 2 of Dartmoor SubdiVIsion, North 00027'43" East a distance of 60.00 feel to
a sel5/S' rebar with plastic cap stamped "FLSr PLS 7612' at the corner common 10 Lot11
and Lot 16 of said Dartmoor SubdiVision;
thence along the boundaries of said Lot 11, Block 2 of Dartmoor SubdIvision lhe foHowing
courses and distances
South 89023'38' East a distance of 628,24 feet a point, from which a found 14" rebar
with plastic cap stamped "DHR PLS 3624" bears North 00025'38" East a distance of 0.63
feet
North OO~25'38" East a distance of 228.03 feet to a set 5/8" rebar with plasllc cap
stamped "FLsr PLS 7612".
North 12'21 '38" East a distance ot 201-79 feel 10 lhe southwest nght-of-wayofeas!
Dartmoor Dnve;
South 89025'57" East a distance of 81.12 feet to the northeast right-ot-way of East
Dartmoor Drive;
North 46052'10" East a distance of 164.01 feet to a set 5/8" rebar with plastic cap
stamped "FlSr PlS 7612",
North 00'30'11" East a distance of 723.68 feet to the Northwest corner of said Lot
11, Block 2 of Dartmoor Subdivision, from which a found y.,- rebarwith plastic cap stamped
"DHR PLS 3624" bears South 00"30'11" West a distance of 0.44 feet;
thence along the Northerly boundary of said Lot 11, Block 2 of Dartmoor Subdivision and
the North 1I161h line of Section 28, South 89~30'16" East a distance of 1 ,741.56 feet to the
Northeast corner of said lot 11 and the Center-North 1/16'h corner of Section 28, marked
by a sel 5/8" rebar with plastic cap stamped "FLSI PLS 7612";
thence along (he Easterly boundary of said Loti1, Block 2 of Darlmoor SubdivISion and
the Nor1h-South center line of SecHon 28, South 00'29'23" West a distance of 1,325.46
fee! to a found 1 inch Iron Pin with no cap, set aluminum cap stamped "FLSI PLS 7612"
marking the Southeast corner of said Lot 11 and the Center of Section 28,
thence along the Southerly boundary of said Lot11, the East-West center line of Section
28, and the Northerly boundary of Kunz Hollow Subdivision, North 89~25'12" West, a
distance of 1 ,328.13 feet 10 a found 5/8" rebarwith plastic cap stamped "LS 2723" marking
the Center-West 1/161~ corner of Section 28 and the Norlhwest corner of Kunz Hollow
Subdivision;
thence along the Wesl1/161h line of Section 28 and the Westerly boundary of Kunz Hollow
Subdivision, South OO~33'59" West, a distance of 661.38 feel 10 a found 5/8" rebar with
plastic cap stamped "EHM 3260" marking the Southwest corner thereof and Ihe ,Northeasl
corner of Zaldien Zerua Subdivision;
thence along the Northerly boundary of Zaldien Zerua SubdIVision and the Westerly
extension thereof, North 89'21 '45" West a distance of 1,328.54 feet a point on the
Westerly boundary of Section 28 and the center line of South Eagle Road, marked by a set
5/8" rebar with plastic cap stamped "FlSI PLS 7612";
thence along said Westerly boundary of Section 28 and the center hne of South Eagle
Road North OOQ37'13" East, a distance of 660.65 feet to the TRUE POINT OF
BEGlNN1NG~
Containing 3,341,734 square feel, 76.716 acres, more or less
SUbject to existing easements and rights-of-way as any may exist, of record or not of
record
The Basis of Bearings for Ihis description is between the found Brass Cap Monument
marking the Northwest Corner of SectIon 28, Township 3 North, Range 1 East, Boise
Meridian, and the found Brass Cap Monument marking the Y. Corner common to Sections
21 and 28 which bears South 89"36'03" East a dislance of 2,657.~~~.~"?;....;.
Timothy J Fox, PlS 7612 !jjJ?t/ftti;1.~~:.X
~~~...~,~,., "h"~'_'_'W"::~:,:ESCR[PTION '\~~;l?ti)
EXHIBIT B
Kingsbridge Subdivision
PP-OS-004
Approved Preliminary Plat
~~~~~~ ~~
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EXHIBIT C
Kingsbridge Subdivision
CUP-05-004
Approved Site Plan (2 pages)
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KINGS~:~~DG~N~~6'^~~IS[ON II m
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K1NGSBRIDGE SUBDIVISION
MERtDlAN, IDAHO
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EXHIBIT D
Kingsbridge Subdivision
AZ-05-003
Annexation and Zoning Comments
The applicant has made the following commitments to be included as conditions of a
Development Agreement (DA). A development agreement will be required as part of
annexation of this property. Prior to the annexation ordinance approval, a DA shall be
entered into between the City of Meridian, the property owner(s) (at the time of
annexation ordinance adoption), and the developer. The applicant shall contact the City
Attorney, Bill Nary, at 888-4433 to initiate this process. The DA shall incorporate the
following:
o That fencin!! on the north side of Lot 9. Block 1. adioinin!! Dartmoor
Subdivision. shall be installed orior to issuance of the first buildinl! oermit on
the subiect orooertv:
That the applicant shall impose, in the CCR's for Kingsbridge Subdivision, a
minimum 25-foot rear yard setback on all perimeter lots;
o That the applicant shall impose a single story restriction on specific perimeter lots
(see Exhibit E), sinl!le-storv restricted lots shall have a maximum oeak of 25-
feet and a 10:12 maximum oitch. with no bonus rooms in the attic soace;
That along Zaidi a Lane, the applicant shall construct a 5-foot wide landscape
strip, south of the 6-foot vinyl privacy fence. An evergreen tree shall be installed
every 20-feet on center within the landscape strip;
That the applicant shall construct a berm (maximum 4: 1 slope) within the
proposed 20-foot wide buffer strip along Zaldia Lane. Said benn shall produce a
total vertical screen of II-feet (6-foot privacy fence on top of a 5-foot berm).
Vertical screen height to be measured from the Zaldia Lane/south property line
established grade;
o That the applicant shall pipe the tail ditch from the Dartmoor irrigation pond
(along Eagle Road, north of Dartmoor Drive) through the site;
That a concrete sidewalk. curb. and l!utter (or. ifmutuallv al!reed bv the
develooer and the Dartmoor residents. detached. meanderinl! sidewalks
seoarated from the street) extendinl! alonl! both sides of Dartmoor Drive
from the Kinl!sbridl!e sidewalks at the current end of Dartmoor Drive to
Ea!!le Road. Construction of said sidewalks shall be comoIeted orior to
issuance of the first buildinl! oermit in the develooment. (NOTE: Said
imnrovements are subiect to ACHD aoorovaI and desi!!n standards):
o That the aonlicant will construct a 3-rail fence alon!! the Dartmoor Drive
frontal!e for the existinl! homes aIon!! Dartmoor Drive that currently do not
have fencinl!. In lieu of a 3-rail fence. a white vinvl fence shall be installed on
the south side of Parcel # R1734560100. Said fencinl! shall be comoleted orior
to issuance of the first buildinl! oermit in Phase II (second final oIat ohase) of
the develooment:
That prior to issuance of the first buildim! permit in Phase II (second final
plat phase). the aoplicant shall pioe the tail ditch from the Dartmoor
irrhmtion pond (alon!! Ea!!le Road. north of Dartmoor Drive) throu!!h the
site and install a head !!ate on the new inlet to control water flow into the
l!2!!lli.
To ensure that densitv chan!!es are not made between preliminarv and final
plat aoorovals. no si!!nificant chan!!es wiD be allowed to the olat dated Aoril
5. 2005. exceot chan!!es reauired bv !!overnmental a!!encies or other minor
chan!!es aooroved bv !!overnmental a!!encies which do no increase densitv or
dailv vehicle trips. Exceot for minor lot size adiustments between adiacent
perimeter lots. no oerimeter lot in the subdivision shall be reduced in size
below the sauare foota!!e shown on the preliminarv olat dated Aoril 5. 2005.
All oerimeter lots shall remain as sin!!le home residential lots that cannot be
further subdivided or split as part of this subdivision. The oreliminarv plat
dated April 5. 2005. is hereby included as a condition of approval for
developin!! the subiect oropertv:
o That the applicant shall develop a weed control and maintenance olan for the
undeveloped areas of the subdivision:
That the applicant shall develop a !!radin!! and draina!!e plan for the five (5)
lots on the northwest corner of the subdivision: and.
That the applicant's plans for retention and/or treatment of storm water
prior to leavin!! the site shall be submitted for review and anproval of the
Dartmoor HOA President. which shall not be unreasonablv withheld.
EXHIBIT E
Kingsbridge Subdivision
PP-05-004
Preliminary Plat Site Specific and Standard Conditions
SITE SPECIFIC CONDITIONS (PRELIMINARY PLAT)
I. The 3-page preliminary plat prepared by The Land Group, Inc., dated April 5.
2005, is approved with the conditions listed herein. All conditions of the
Conditional Use Pennit (CUP-05-004) application shall also be considered
conditions of the Preliminary Plat (PP-05-004).
2. Provide a public stub street to the Blackmer Property (Parcel No. R3193250030),
approximately 450-feet east of the west property line (in alignment with
Darlington Way).
3. Provide approximately lOa-feet of frontage on Kingsbridge Drive for Lot 14,
Block 2, by incorporating Lot 13, Block 2, into Lot 14, Block 2. Refuse service
for Lot 14, Block 2, shall be from Kingsbridge Drive and not Zaldia Lane. Trash
cans for Lot 14 shall be brought to the curb of Kingsbridge Drive. Any existing
domestic wells and/or septic systems within this project will have to be removed
from their domestic service, per City Ordinance Section 5-7-517, when services
are available from the City of Meridian. Wells may be used for non-domestic
purposes such as landscape irrigation. The applicant shall be responsible for
payment of and the actual physical sanitary sewer and domestic water connection
for the existing house.
4, Revise the following notes on the preliminary plat as follows:
Note 7 shall be revised by adding a second sentence that reads: "Setbacks
shall be measured from the property line or the adjacent sidewalk,
whichever is more restrictive,"
Note 12 shall be amended by removing Lot 13, Block 2, from being a
HOA lot, and Lot 29, Block 2, shall be added to the list ofHOA lots,
Note 14 shall be removed (see Condition #3 above).
Add a note stating that the HOA is responsible for keeping Lot 9, Block 1,
and Lot 20, Block 2, free of weeds and debris and is subject to a 60-foot
wide irrigation easement.
5. All irrigation ditches, laterals, and canals (including the Ten Mile Feeder)
intersecting, crossing or lying adjacent and contiguous to the area being
subdivided shall be tiled per MCC 12-4-13. The applicant shall also pipe the tail
ditch beginning at the Dartmoor irrigation pond (along Eagle Road, north of
Dartmoor Drive) through the subject site, Plans will need to be approved by the
appropriate irrigation/drainage district, or lateral users association (ditch owners),
with written approval or non-approval submitted to the Public Works Department.
If lateral users association approval can not be obtained, plans will be reviewed
and approved by the City Engineer prior to final plat signature.
6. The applicant has indicated that the pressurized irrigation system within this
development will be owned and operated by the homeowners' association.
Underground year-round pressurized irrigation must be provided to all lots within
this development (MCC 12-5-2.N). The City of Meridian requires that pressurized
irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3).
The applicant shall be required to utilize any existing surface or well water for the
primary source. If a surface or well source is not available, a single-point
connection to the culinary water system shall be required. If a single-point
connection is utilized, the developer shall be responsible for the payment of
assessments for the conunon areas prior to signature on the final plat by the City
Engineer. If the system is to remain private, a draft copy of the pressurized
irrigation system O&M manual must be submitted prior to plan approval.
7. The submitted 4-page landscape plan prepared by The Land Group, Inc., dated 1-
14-05 is approved as submitted, with the following notes/modifications:
· Per MCC 12-13-13-3, any tree over 4" in caliper that is removed from the
property shall be replaced by installing additional trees, being the equivalent
number of caliper inches of trees that were removed. To mitigate for the
existing trees on site, provide additional trees as shown on the landscape plan.
· The apolicant shall install vinvl privacv fencin2: extendin2: alon2: the north
prooerty lines (includin2: the portion of the north side of Lot 9. Block 1),
and extendin2: alon2: the portion of the south boundarv of Lot 17. Block 2.
Install either 5-foot wrou2:ht iron or 6-foot vinvl privacv fence on all other
proiect oerimeters. All fences shall taper down to 3 feet maximum within 20
feet of all right-of-way. Fencin2: on the north side of Lot 9. Block 1. shall be
comoleted prior to issuance of the first buildin2: nermit in Kin2:sbrid2:e
Subdivision.
· All micropaths within the proposed subdivision shall be designed in
accordance with MCC 12-13-15 "Micropath Landscaping" and MCC 12-4-3
"Pedestrian Walkways. It Micropath fencing shall be constructed per MCC 12-
13-15-9, as proposed.
· Depict a minimum 40-foot wide landscape buffer along Eagle Road (including
a 5-foot wide detached sidewalk), as proposed. Said landscape buffer shall be
located beyond the 48-feet shown as future street right-of-way.
· All areas being counted toward the open space requirement shall be free of
"wet ponds" or other such nuisances. All stonnwater detention facilities
incorporated into the required open space are subject to Ordinance 12-13-14
and shall be fully vegetated with grass and trees, as depicted on the submitted
landscape plan,
· Along Zaldia Lane, the applicant shall construct a 5-foot wide landscape strip,
south of the 6-foot vinyl privacy fence. An evergreen tree shall be installed
every 20-feet on center within the landscape strip.
· The applicant shall construct a benn (maximum 4:1 slope) within the 20-foot
wide buffer strip along Zaldia Lane. Said berm shall produce a total vertical
screen of II-feet (6-foot privacy fence on top of a 5-foot berm). Vertical
screen height to be measured from the Zaldia Lane/south property line
established grade.
· Lot 1. Block 5. shall be landscaDed with !!rass and ever!!reen trees to
comolete an imoroved buffer between the adioinin2 Dartmoor
homeowner and South Merrivale Way. Landacoin!! shall be installed
prior to the issuance of the first buildiDl! permit in Phase 2 (second final
plat phase).
The approved landscape plan is not to be altered without prior written approval of
the Planning & Zoning Department.
8. Prior to signature of the final plat by the City Engineer, all structures on Lots 1, 2,
and 8, Block 1 shall be removed.
9. All buildable lots within the subdivision, including Lot 18, Block 2, shall be a
minimum of 12,000 square-feet.
10. For all street bulb-outs with landscape islands, paint the curb red and provide
signage "No parking fire lane." All roadways shall have a turning radius of 28-
feet inside and 48-feet outside.
J 1. Sanitary sewer and water service to this development shall be from extensions of
existing mains that were installed as part ofthe Messina Village Subdivision.
12. Applicant will be responsible to construct the sewer and water mains to and
through this proposed development, thereby making them available to adjacent
properties. Subdivision designer to coordinate main sizing and routing with the
Public Works Department. Applicant shall execute City of Meridian standard
form of easements, for any mains or facilities that are required to provide service.
13, In accordance with MCC 12-13-10-8, Applicant shall provide 5-foot detached
sidewalks adjacent to Eagle Road, as proposed. Applicant shall also provide 4-
foot detached sidewalks adjacent to the internal public streets, as proposed.
14, Maintenance of all common area lots shall be the responsibility of the
Kingsbridge Homeowners' Association.
15. Direct lot access to Eagle Road is prohibited. A note shall be placed on the final
plat restricting access to Eagle Road.
16. The foIlowin!! lots shall be restricted to a sin!!le storv residence includin!! a
maximum peak of 25-feet and a 10:12 maximum Ditch. with no bonus rooms
in the attic soace:
Lots 5. 6. 7. 8. 14. 15.22.31 and 32. Block 2
Lots 3.4.5.30 and 31. Block 1
Lots 17 and 18. Block 18
Lots 2. 3. 4 and 5. Block 5
Lots 22. 23. 24 and 25. Block 7
A note shall be placed on the f'mal plaUs) statim! the hei!!ht restriction for the
above-listed lots.
17. Place a note on the face of the final plat statin!! that all perimeter lots have a
minimum 25-foot rear vard setback.
18. South Ivv Brid!!e Way shall be redesi!!ned to terminate in a cul-de-sac and
not connect with Kin!!sbrid!!e Drive from Merrivale Wav (as shown in the
preliminarv plat dated April 5. 2005),
19. The minimum house size for a sinl!le-storv dwellinl! shall be 2.000 square feet
and the minimum house size for a two storv home shall be 2.400 square feet.
A note shall be placed on the face of the final plates) statin!! the square
foota!!e minimums.
GENERAL CONDITIONS (PRELIMINARY PLAT)
1. All grading of the site shall be performed in conformance with MCC 11-12-3H.
2. Sidewalks shall be installed within the subdivision and on the perimeter of the
subdivision pursuant to MCC 12-13-10-8.
3. A letter of credit or cash surety in the amount of 110% will be required for all
fencing, landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to
signature on the final plat.
4. A detailed landscape and fencing plan, in compliance with the landscape and
subdivision ordinance and as noted in this report, shall be submitted for the
subdivision with the final plat application.
5. Coordinate fire hydrant placement with the City of Meridian Public Works
Department.
6. One-hundred-watt, high-pressure sodium streetlights will be required at locations
designated by the Public Works Department. All streetlights shall be installed at
subdivider's expense. Typical locations are at street intersections and/or fire
hydrants. Final design locations and quantity are determined after power designs
are completed by Idaho Power Company. The street light contractor shall obtain
design and permit from the Public Works Department prior commencing
installations.
7. Any tree over 4" in caliper that is removed from the property shall be replaced by
installing additional trees, being the equivalent number of caliper inches of trees
that were removed. Required landscaping trees will not be considered as
replacement trees for those trees that have to be mitigated.
8. Submit any up-dated groundwater/soils monitoring data, as collected and
analyzed by a soils scientist, to the Public Works Department for review. Any
drainage areas (detention/retention basins) must be designed to ensure that water
will percolate or discharge with a period of time not to exceed 24-hours for all
storms up to and including a 100-year storm events. Side slopes within drainage
areas shall not exceed 3: 1. Any portion of a drainage area not improved with
sod/grass seed (or other approved landscaping) shall not count towards the
required open space area, The project engineer should pay close attention to the
results of field studies determining the groundwater, soil type & and
characteristics during the design and construction phases. The engineer shall be
required to certify that the street centerline elevations are set a minimum of 3-feet
above the highest established normal groundwater elevation. This is to ensure
that the bottom elevation of the crawl spaces of homes is at least I-foot above
groundwater.
9. The applicant shall coordinate mailbox locations with the Meridian Post Office.
10. Any existing domestic wells and/or septic systems within this project will have to
be removed from their domestic service per City Ordinance Section 9-1-4 and
9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation.
11. Compaction test results must be submitted to the Meridian Building Department
for all building pads receiving engineered backfill, where footing would sit atop
fill material.
12, Applicant's engineer will be required to submit a signed, stamped statement
certifying that all street finish centerline elevations are set a minimum of three
feet above the highest established normal groundwater elevation.
13. The applicant shall be required to pay Public Works development plan review,
and construction inspection fees, as determined during the plan review process,
prior to signature on the final plat per Resolution 02-374.
14. Applicant shall be responsible for application and compliance with any Section
404 Permitting that may be required by the Anny Corps of Engineers.
15. Applicant shall be responsible for application and compliance with and NPDES
Pennitting that may be required by the Environmental Protection Agency.
16, Staffs failure to cite specific ordinance provisions or terms of the approved
annexation/conditional use does not relieve the applicant of responsibility for
compliance,
17. Preliminary plat approval shall be subject to the expiration provisions set forth in
MCC 12-2-4.
AGENCY COMMENTS AND CONDITIONS
MERIDIAN FIRE DEPARTMENT
1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute
available for duration of2 hours to service the entire project. Fire hydrants shall be
placed an average of 500' apart. International Fire Code Appendix C.
2. Final Approval of the fire hydrant locations shall be by the Meridian Fire
Department.
a. Fire Hydrants shall have the 4 Yz" outlet face the main street or parking lot
aisle.
b. The Fire hydrant shall not face a street which does not have addresses on
it.
c. Fire hydrant markers shall be provided per Public Works spec.
d. Locations with fire hydrants shall have the curb painted red 10' to each
side of the hydrant location.
e. Fire Hydrants shall be placed on comers when spacing permits.
f. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
g. Fire hydrants shall be placed 18" above finish grade.
3. The phasing plan may require that any roadway greater than 150- feet in length that
is not provided with an outlet shall be required to have an approved turn around.
4. All entrance and internal roads shall have a turning radius of 28-feet inside and 48-
feet outside radius.
5. For all Fire Lanes (including bulb-outs with landscape islands/"buttons"), paint the
curb red and provide signage ''No Parking Fire Lane".
6. Operational fire hydrants and temporary or permanent street signs are required
before combustible construction begins.
7. To increase emergency access to the site a minimum of two points of access will be
required for any portion of the project, which serves more than 50 homes. The two
entrances shall be separated by no less than Yz the diagonal measurement of the
project.
8, The proposed project lies outside the five-minute response zone goal.
Achievement of this goal is subject to budgetary constraints and is intended to
enhance the probability of a favorable outcome on a request for Basic Life
Support. The budget constraints are typically defined as capital outlay for
facilities that are located within 1.5 miles from a given location and sufficient
operational funds to staff the facilities.
9. All portions of the buildings located on this project must be within 150' of a paved
surface as measured around the perimeter of the building.
10. Where a portion of the facility or building hereafter constructed or moved into or
within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire
apparatus access road, as measured by an approved route around the exterior of the
facility or building, on-site fire hydrants and mains shall be provided where required
by the code official. For buildings equipped throughout with an approved automatic
sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the
distance requirement shall be 600 feet (183).
a. For Group R-3 and Group U occupancies, the distance requirement shall be
600 feet (183 m).
b. For buildings equipped throughout with an approved automatic sprinkler
system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the
distance requirement shall be 600 feet (183 m).
MERIDIAN PARKS DEPARTMENT
1. Standard for Mitigation of trees: The standard established in the City of Meridian
Landscape Ordinance will be followed.
2. Standard Plan for Protection of Existing Trees during Construction: The standard
established in the City of Meridian Landscape Ordinance will be followed.
CENTRAL DISTRICT HEAL TH DEPARTMENT
1. This proposal can be approved for central sewage & central water after written
approval from appropriate entities is submitted.
2, The Applicant's central sewage and central water plans must be submitted to and
approved by the Idaho Department of Health & Welfare, Division of
Environmental Quality.
3. Run-offis not to create a mosquito breeding problem.
4. Stormwater shall be pretreated through a grassy swale prior to discharge to the
subsurface to prevent impact to groundwater and surface water quality.
5. The Engineers and architects involved with the design of the subject project shall
obtain current best management practices for storm water disposal and design a
stormwater management system that prevents groundwater and surface water
degradation.
NAMP A & MERIDIAN IRRIGATION DISTRICT
I. If all storm drainage is retained on-site there will be no impact on Nampa &
Meridian Irrigation District and no further review will be required. If any surface
drainage leaves the site, the Nampa & Meridian Irrigation District requires that a
Land Use Change Application is filed for review prior to final platting. Please
contact Donna Moore at 466-7861 for further information.
2. All laterals and waste ways must be protected.
3. The developer must comply with Idaho Code 31-3805. It is recommended that
irrigation water be made available to all developments within the Nampa &
Meridian Irrigation District.
ADA COUNTY HIGHWAY DISTRICT
Site Specific Conditions of Approval
1. Dedicate 48-feet of right-of-way from the centerline of Eagle Road abutting the
parcel by means of a warranty deed. The right-of-way purchase and sale
agreement and deed must be completed and signed by the applicant prior to
scheduling the final plat for signature by the ACHD Commission or prior to
issuance of a building permit (or other required permits), whichever occurs first.
Allow up to 30 business days to process the right-of-way dedication after receipt
of all requested material. The owner will be paid the fair market value of the
right-of-way dedicated which is an addition to existing ACHD right-of-way,
2, Construct a 5-foot wide detached sidewalk on Eagle Road abutting the site located
a minimum of 41-feet from the centerline of the roadway.
3. Construct a southbound left turn lane on Eagle Road at the intersection with
Kingsbridge Drive, as recommended by the Traffic Impact Study. Provide a
minimum of 100-feet of storage with shadow tapers for both the approach and
departure directions
4. Construct a northbound right-turn lane at the sight approach intersection with
Eagle Road, as recommended by the submitted Traffic Impact Study,
5. Construct Kingsbridge Drive as a residential collector from Eagle Road to the
easternmost property line. This roadway shall be a 36~foot street section with
vertical curb, gutter, and 5-foot concrete sidewalks within 50-feet (minimum) of
right-of-way. Provide an easement to the District for any portion of the sidewalk
that is outside of the public right-of-way. Stripe Kingsbridge Drive at the
intersection with Eagle Road, to accommodate simultaneous left and right turn
movements onto Eagle Road.
6. Construct the internal local roadways as 36-foot street sections within 50-feet of
right-of-way with rolled curb, gutter and 5-foot concrete sidewalks. If the
sidewalk meanders outside of the right-of-way, the applicant should provide the
District with an easement for the sidewalk.
7. Extend Dartmoor Drive into the site as proposed. There shall only be one street
connection to the existing Dartmoor Drive from the new subdivision, as proposed
on the revised layout (See attachment #5).
8. Any landscape islands or medians shall be owned and maintained by the
homeowner's association, Notes ofthis are required on the final plat.
9. Construct Kingsbridge Drive a stub street to the east property line, as proposed,
approximately 440-feet north ofthe Ten Mile Lateral, to serve the adjacent 9.0
acre parcel. Install a sign at the terminus of the roadway stating that, "THIS
ROAD WILL BE EXTENDED IN THE FUTURE."
10. Construct Ivybridge Way as a stub street to the north property line approximately
130-feet east of the west property line. Install a sign at the tenninus ofthe stub
street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE."
11. Construct Stockenham Way as a stub street to the north property line
approximately 180-feet west of the east property line, Install a sign at the
tenninus ofthe stub street stating that, r'THIS ROAD WILL BE EXTENDED IN
THE FUTURE,"
12. Provide an easement across the landscape lot OR public right-of-way frontage for
the existing home on Lot 14, Block 2. When the property with the existing home
re-develops (approximately 2.75-acres), it will be required to extend Kingsbridge
Drive through the site as a stub street to the east property line.
13. Other than the access that is specifically approved with this application, direct lot
access to Eagle Road is prohibited and shall be noted on the final plat.
14. Comply with all Standard Conditions of Approval.
Standard Conditions of Approval
1. Any existing irrigation facilities shall be relocated outside of the right-of-way.
2. All utility relocation costs associated with improving street frontages abutting the
site shall be borne by the developer.
3. Replace any existing damaged curb, gutter and sidewalk and any that may be
damaged during the construction of the proposed development. Contact
Construction Services at 387-6280 (with file number) for details.
4. Utility street cuts in pavement less than five years old are not allowed unless
approved in writing by the District. Contact the District's Utility Coordinator at
387-6258 (with file numbers) for details.
5. All design and construction shall be in accordance with the Ada County Highway
District Policy Manual, ISPWC Standards and approved supplements,
Construction Services procedures and all applicable ACHD Ordinances unless
specifically waived herein, An engineer registered in the State ofIdaho shall
prepare and certify all improvement plans.
6. The applicant shall submit revised plans for staff approval, prior to issuance of
building permit (or other required pennits), which incorporates any required
design changes.
7, Construction, use and property development shall be in confonnance with all
applicable requirements of the Ada County Highway District prior to District
approval for occupancy.
8. Payment of applicable road impact fees are required prior to building construction
in accordance with Ordinance #200, also known as Ada County Highway District
Road hnpact Fee Ordinance.
9. It is the responsibility of the applicant to verify all existing utilities within the
right-of-way. The applicant at no cost to ACHD shall repair existing utilities
damaged by the applicant. The applicant shall be required to call DIGLINE (1-
800-342-1585) at least two full business days prior to breaking ground within
ACHDright-of-way. The applicant shall contact ACHD Traffic Operations 387-
6190 in the event any ACHD conduits (spare or filled) are compromised during
any phase of construction.
10. No change in the terms and conditions of this approval shall be valid unless they
are in writing and signed by the applicant or the applicant's authorized
representative and an authorized representative of the Ada County Highway
District. The burden shall be upon the applicant to obtain written confirmation of
any change from the Ada County Highway District.
11, Any change by the applicant in the planned use of the property which is the
subject of this application, shall require the applicant to comply with all rules,
regulations, ordinances, plans, or other regulatory and legal restrictions in force at
the time the applicant or its successors in interest advises the Highway District of
its intent to change the planned use of the subject property unless a
waiver/variance of said requirements or other legal relief is granted pursuant to
the law in effect at the time the change in use is sought.
EXHIBIT F
Kingsbridge Subdivision
CUP-05-004
CUP/PO Site Specific and Standard Conditions
SITE SPECIFIC CONDITIONS (CONDITIONAL USE PERMIT)
1. The 2-page site plan prepared by The Land Group, Inc., dated April 5. 2005, is
approved with the conditions listed herein. All conditions of the Preliminary Plat
application shall also be considered conditions of the Conditional Use Permit
(CUP-05-004) application,
2. The project shall conform to the R-3 dimensional standards, modified as follows:
· Minimum lot frontage: 60-feet (non-cui-de sac); 30-feet for cul-de-sac lots
· Minimum lot size: 12,000 square-feet
· Maximum Block Length: Approximately 1,325 feet (per the Preliminary
Plat)
3. The following amenities are required as part of the Planned Development, per the
application: 10% open space, a community park on Lot 10, Block 1, that contains
a swimming pool, a BBQ area with picnic tables and a tot lot, another park (Lot 1,
Block 8) that contains a water feature, benches and a walking path, a landscaped
boulevard corridor with street trees in the 8-foot planter strips between the street
and the detached sidewalk, a walking path along the south side of the Ten Mile
Feeder, a walking path along the north boundary, smaller open space pockets, a
bridge monument, and ornamental street lights. The applicant shall be required to
obtain a Certificate of Zoning Compliance (CZC) from the City prior to
construction of any pern1anent structures on the proposed park lots.
4. Construction of homes within Kingsbridge Subdivision shall substantially comply
with the four (4) elevations submitted by the applicant. Construction materials
used on the structures shall be approved by the City of Meridian Building
Department and in accordance with the most recent Uniform Building Code.
5. The applicant shall install a sign on Lot 13, Block 1, informing construction
personnel that they must use Kingbridge Drive, not Dartmoor Drive as access to
the site. Further, the applicant shall install a sign on both sides of Kings bridge
Drive, on Lot 1, Block 2, and Lot 8, Block I, identifying Kingsbridge Drive as the
only entrance for construction traffic.
A GENCY COMMENTS AND CONDITIONS
MERIDIAN FIRE DEPARTMENT
1, One and two family dwellings will require a fire-flow of 1,000 gallons per minute
available for duration of 2 hours to service the entire project. Fire hydrants shall
be placed an average of 500' apart. International Fire Code Appendix C.
2, Final Approval of the fire hydrant locations shall be by the Meridian Fire
Department.
a. Fire Hydrants shall have the 412" outlet face the main street or parking lot
aisle.
b. The Fire hydrant shall not face a street which does not have addresses on
it.
c. Fire hydrant markers shall be provided per Public Works spec.
d. Locations with fire hydrants shall have the curb painted red 10' to each
side of the hydrant location.
e. Fire Hydrants shall be placed on corners when spacing permits.
f. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
g. Fire hydrants shall be placed 18" above finish grade,
3. The phasing plan may require that any roadway greater than I50-feet in length that
is not provided with an outlet shall be required to have an approved turn around.
4. All entrance and internal roads shall have a tuming radius of 28-feet inside and 48-
feet outside radius.
5. For all Fire Lanes (including bulb-outs with landscape islands/"buttons"), paint the
curb red and provide signage "No Parking Fire Lane".
6. Operational fire hydrants and temporary or pennanent street signs are required
before combustible construction begins.
7. To increase emergency access to the site a minimum of two points of access will be
required for any portion of the project, which serves more than 50 homes, The two
entrances shall be separated by no less than Y2 the diagonal measurement of the
project.
8. The proposed project lies outside the five-minute response zone goal.
Achievement of this goal is subject to budgetary constraints and is intended to
enhance the probability of a favorable outcome on a request for Basic Life
Support. The budget constraints are typically defined as capital outlay for
facilities that are located within 1.5 miles from a given location and sufficient
operational funds to staff the facilities.
9, All portions ofthe buildings located on this project must be within 150' of a paved
surface as measured around the perimeter of the building.
10. Where a portion of the facility or building hereafter constructed or moved into or
within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire
apparatus access road, as measured by an approved route around the exterior of the
facility or building, on-site fire hydrants and mains shall be provided where required
by the code officiaL For buildings equipped throughout with an approved automatic
sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the
distance requirement shall be 600 feet (183).
a. For Group R-3 and Group U occupancies, the distance requirement shall be
600 feet (183 m).
b. For buildings equipped throughout with an approved automatic sprinkler
system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the
distance requirement shall be 600 feet (183 m).
MERIDIAN PARKS DEPARTMENT
1. Standard for Mitigation of trees: The standard established in the City of Meridian
Landscape Ordinance will be followed,
2. Standard Plan for Protection of Existing Trees during Construction: The standard
established in the City of Meridian Landscape Ordinance will be followed.
CENTRAL DISTRICT HEALTH DEPARTMENT
1. This proposal can be approved for central sewage & central water after written
approval from appropriate entities is submitted.
2. The Applicant's central sewage and central water plans must be submitted to and
approved by the Idaho Department of Health & Welfare, Division of
Environmental Quality.
3. Run-offis not to create a mosquito breeding problem.
4. Stormwater shall be pretreated through a grassy swale prior to discharge to the
subsurface to prevent impact to groundwater and surface water quality.
5. The Engineers and architects involved with the design ofthe subject project shall
obtain current best management practices for stormwater disposal and design a
stormwater management system that prevents groundwater and surface water
degradation.
NAMPA & MERIDIAN IRRIGATION DISTRICT
1. If all storm drainage is retained on-site there will be no impact on Nampa &
Meridian Irrigation District and no further review will be required. If any surface
drainage leaves the site, the Nampa & Meridian Irrigation District requires that a
Land Use Change Application is filed for review prior to final platting. Please
contact Donna Moore at 466-7861 for further information.
2. All laterals and waste ways must be protected.
3. The developer must comply with Idaho Code 31-3805. It is recommended that
irrigation water be made available to all developments within the Nampa &
Meridian Irrigation District.
ADA COUNTY HIGHWAY DISTRICT
Site Specific Conditions of Approval
1. Dedicate 48-feet of right-of-way from the centerline of Eagle Road abutting the
parcel by means of a warranty deed. The right-of-way purchase and sale
agreement and deed must be completed and signed by the applicant prior to
scheduling the final plat for signature by the ACHD Commission or prior to
issuance of a building permit (or other required permits), whichever occurs first.
Allow up to 30 business days to process the right-of-way dedication after receipt
of all requested material. The owner will be paid the fair market value of the
right-of-way dedicated which is an addition to existing ACHD right-of-way,
2. Construct a 5-foot wide detached sidewalk on Eagle Road abutting the site located
a minimum of 41-feet from the centerline of the roadway.
3. Construct a southbound left turn lane on Eagle Road at the intersection with
Kingsbridge Drive, as recommended by the Traffic Impact Study. Provide a
minimum of 1 DO-feet of storage with shadow tapers for both the approach and
departure directions
4. Construct a northbound right-turn lane at the sight approach intersection with
Eagle Road, as recommended by the submitted Traffic Impact Study.
5. Construct Kingsbridge Drive as a residential collector from Eagle Road to the
easternmost property line. This roadway shall be a 36-foot street section with
vertical curb, gutter, and 5-foot concrete sidewalks within 50-feet (minimum) of
right-of-way. Provide an easement to the District for any portion of the sidewalk
that is outside of the public right-of-way. Stripe Kingsbridge Drive at the
intersection with Eagle Road, to accommodate simultaneous left and right turn
movements onto Eagle Road.
6. Construct the internal local roadways as 36-foot street sections within 50-feet of
right-of-way with rolled curb, gutter and 5-foot concrete sidewalks. If the
sidewalk meanders outside of the right-of-way, the applicant should provide the
District with an easement for the sidewalk.
7, Extend Dartmoor Drive into the site as proposed. There shall only be one street
connection to the existing Dartmoor Drive from the new subdivision, as proposed
on the revised layout (See attachment #5),
8. Any landscape islands or medians shall be owned and maintained by the
homeowner's association. Notes of this are required on the final plat.
9. Construct Kingsbridge Drive a stub street to the east property line, as proposed,
approximately 440-feet north ofthe Ten Mile Lateral, to serve the adjacent 9.0
acre parce1. Install a sign at the terminus of the roadway stating that, "THIS
ROAD WILL BE EXTENDED IN THE FUTURE."
10. Construct Ivybridge Way as a stub street to the north property line approximately
130-feet east of the west property line, Install a sign at the terminus of the stub
street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE."
11. Construct Stockenham Way as a stub street to the north property line
approximately 180-feet west of the east property line. Install a sign at the
terminus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN
THE FUTURE."
12. Provide an easement across the landscape lot OR public right-of-way frontage for
the existing home on Lot 14, Block 2. When the property with the existing home
re-develops (approximately 2.75-acres), it will be required to extend Kingsbridge
Drive through the site as a stub street to the east property line,
13. Other than the access that is specifically approved with this application, direct lot
access to Eagle Road is prohibited and shall be noted on the final plat.
14. Comply with all Standard Conditions of Approval.
Standard Conditions of Approval
1. Any existing irrigation facilities shall be relocated outside ofthe right-of-way.
2. All utility relocation costs associated with improving street frontages abutting the
site shall be borne by the developer.
3. Replace any existing damaged curb, gutter and sidewalk and any that may be
damaged during the construction of the proposed development. Contact
Construction Services at 387-6280 (with file number) for details.
4. Utility street cuts in pavement less than five years old are not allowed unless
approved in writing by the District. Contact the District's Utility Coordinator at
387-6258 (with file numbers) for details.
5, All design and construction shall be in accordance with the Ada County Highway
District Policy Manual, ISPWC Standards and approved supplements,
Construction Services procedures and all applicable ACHD Ordinances unless
specifically waived herein. An engineer registered in the State of Idaho shall
prepare and certify all improvement plans.
6. The applicant shall submit revised plans for staff approval, prior to issuance of
building permit (or other required permits), which incorporates any required
design changes.
7. Construction, use and property development shall be in confonnance with all
applicable requirements of the Ada County Highway District prior to District
approval for occupancy,
8. Payment of applicable road impact fees are required prior to building construction
ill accordance with Ordinance #200, also known as Ada County Highway District
Road Impact Fee Ordinance.
9. It is the responsibility of the applicant to verify all existing utilities within the
right-of-way. The applicant at no cost to ACHD shall repair existing utilities
damaged by the applicant. The applicant shall be required to call DIGLINE (1-
800-342-1585) at least two full business days prior to breaking ground within
ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-
6190 in the event any ACHD conduits (spare or filled) are compromised during
any phase of construction.
10. No change in the terms and conditions of this approval shall be valid unless they
are in writing and signed by the applicant or the applicant's authorized
representative and an authorized representative of the Ada County Highway
District. The burden shall be upon the applicant to obtain written confirmation of
any change from the Ada County Highway District.
11. Any change by the applicant in the planned use of the property which is the
subject of this application, shall require the applicant to comply with all rules,
regulations, ordinances, plans, or other regulatory and legal restrictions in force at
the time the applicant or its successors in interest advises the Highway District of
its intent to change the planned use of the subject property unless a
waiver/variance of said requirements or other legal relief is granted pursuant to
the law in effect at the time the change in use is sought.
EXHIBIT G
Kingsbridge Subdivision
AZ-05-003
Zoning Amendment Findings
According to Ordinance 11-15-11, General Standards Applicable to Zoning
Amendments, both the P&Z Commission and Council are required "to review the
particular facts and circumstances of each proposed zoning amendment in tenns of the
following standards and shall find adequate evidence answering the following questions
about the proposed zoning amendment."
The following is the list of standards found in 11-15-11 and analysis of the facts and
circumstances:
A. Will the new zoning be harmonious with and in accordance with the
Comprehensive Plan and, if not, has there been an application for a
Comprehensive Plan amendment;
In Chapter VII of the Comprehensive Plan, 'medium density' is defined as areas
including single-family homes at densities of three to eight dwelling units per
acre; 'low density' consist of single-family homes at densities of three dwelling
units or less per acre. City Council finds that the requested zoning designation, R-
3, is harmonious with and in accordance with the 2002 Comprehensive Plan and
Future Land Use Map, which designates the land to be "Low Density Residential"
north of the Ten Mile Feeder, and "Medium Density Residential" adjacent to
Eagle Road. The 1.69 dwelling units per acre proposed with the preliminary plat
is consistent with previous Commission and Council actions and generally
conforms to the goals, objectives, and action items contained in the
Comprehensive Plan for this area. In addition, in the applicant's cover letter
(dated January 14, 2005) several Comprehensive Plan policies are listed, all of
which support the annexation and proposed residential use of the property.
B. Is the area included in the zoning amendment intended to be rezoned in the
future;
Concurrent with the annexation and zoning application, the applicant has
submitted a preliminary plat and conditional use permit proposing single-family
lots on the subject site (PP-05-004 & CUP-05-004). City Council does not
anticipate that the applicant plans to rezone the subject property in the future ifthe
accompanying CUP/PD and PP applications are approved.
C. Is the area included in the zoning amendment intended to be developed in the
fashion that would be allowed under the new zoning -for example, a
residential area turning into a commercial area by means of conditional use
permits;
City Council finds that the proposed development would be allowed within the
requested R-3 zone, (if the accompanying Conditional Use Pennit for a Planned
Development is also approved),
D. Has there been a change in the area or adjacent areas which may dictate that
the area should be rezoned. For example, have the streets been widened, new
railroad access been developed or planned or adjacent area being developed
in a fashion similar to the proposed rezone area;
There have been no recent street improvements in the area. However, the
intersection of Eagle Road and Victory Road is within ACHD's Five Year Work
Program for reconstruction in 2007. Eagle Road is currently in the ACHD CIP
(20-year plan) for road widening to 3-1anes.
If the Commission and Council approve the requested annexation application, this
will be the first property in Section 28, Township 3 North, Range 1 East to be
annexed into the corporate limits of the City of Meridian. The subject property is
currently surrounded by one to five-acre parcels-rural-type density. However,
just across Eagle Road from the subject site Tuscany Lakes Subdivision was
approved for development at 2.4 gross dwelling units per acre (sewer and water
service lines were brought down Eagle Road, directly adjacent to the northwest
comer of the subject property). The proposed zoning and subsequent residential
density, 1.69 dwelling units per acre, is lower than Tuscany Lakes but
considerably denser than the surrounding county parcels.
City Council finds that the requested zoning and proposed density is within the
anticipated range for a lower density urban project. Further, based on the
Comprehensive Plan, City Council believes that some of the existing large county
parcels in the area will redevelop with similar densities in the near future.
E. Will the proposed uses be designed, constructed, operated and maintained to
be harmonious and appropriate in appearance with the existing or intended
character of the general vicinity and that such use will not change the
essential character of the same area;
The applicant has submitted four (4) front elevations for the proposed dwelling
units. City Council believes that the design of the dwelling units will be
compatible with the adjoining uses, if the buildings are constructed as shown on
the submitted elevations. Even though the proposed and existing uses are the
same, residential, City Council finds that the proposed density of the residential
use will change the existing character of the area, which is largely rural. However,
the proposed development is generally harmonious with the intended character
envisioned by the Comprehensive Plan and previous Commission and Council
action on this site. City Council does not find that the proposed zoning/uses will
adversely change the essential character of area.
City staff has received several calls, e-maiIs and letters :from adjacent property
owners concerned about the subject development, the Commission and Council
have consider the adjacent property owners concems and appropriate measures to
address their concerns.
F. Will the proposed uses not be hazardous or disturbing to existing or future
neighboring uses;
The Commission and Council should rely on public testimony (oral and written)
to detennine whether or not the proposed use will be disturbing or hazardous to
the existing or future neighboring uses. City Council does not anticipate that the
proposed use will be disturbing to future or existing neighbors, as long as
landscaping, fencing and other recommended conditions are exercised. Further,
City Council does not anticipate that the proposed residential use will be
hazardous as long as the conditions outlined in this report are complied with and
construction traffic and house construction is conducted in a manner consistent
with City Code and the conditions of this report.
G. Will the area be served adequately by essential public facilities and services
such as highways, streets, police and fire protection, drainage structures,
refuse disposal, water, sewer or that the person responsible for the
establishment of proposed zoning amendment shall be able to provide
adequately any of such services;
The applicant will be responsible for the extension of utilities to and through this
proposed development. Sizing and routing shall be coordinated with the Public
Works Department.
The applicant and/or future property owners will be required to pay park and
highway impact fees.
On October 6, 2004, ACHD approved the previous Kingsbridge development
with site-specific and standard conditions. The applicant should comply with all
amended requirements ofthe ACHD for the revised application, Please review the
ACHD report for additional infonnation regarding this finding.
On February 11,2005, a joint agency/department comments meeting was held
with representatives of key service providers to this property. Based on the joint
agency/department meeting and other comments received :from
agencies/departments, City Council finds that the public services listed above can
be made available to accommodate the proposed development. The Commission
and Council reference any written and/or verbal testimony submitted by any
public service provider, regarding their ability to adequately service this project.
NOTE: Sanitary Services Company will not use Zaldia Lane (private) to pick up
trash for the proposed Lot 14, Block 2. Therefore, trash cans for Lot 14, Block 2,
should be pulled to the curb of Kingsblidge Drive.
H. Will not create excessive additional requirements at public cost for public
facilities and services and will not be detrimental to the economic welfare of
the community;
If approved, the developer will finance the extension of sewer, water, utilities,
pressurized irrigation, and local street infrastructure to serve the project. The
primary public costs to serve the future residents will be fire and police services.
City Council finds that there will not be excessive additional requirements at
public cost and that the annexation and zoning will not be detrimental to the
community's economic welfare.
I. Will the proposed uses not involve uses, activities, processes, materials,
equipment and conditions of operation that wiIJ be detrimental to any
persons, property or the general welfare by reason of excessive production of
traffic, noise, smoke, fumes, glare or odors;
According to the amended Traffic Impact Study (TIS) prepared by Dobie
Engineering, Inc., the proposed project is anticipated to generate 1,235 vehicle
trips per day. Of that traffic, 300 additional vehicle trips per day are anticipated on
the existing Dartmoor Drive in Dartmoor Subdivision. The previous TIS
anticipated 800 additional vehicle trips per day on Dartmoor Drive. Based on the
revised plat and TIS, substantially fewer vehicles will use Dartmoor Drive as
access to/from the proposed development. City Council recognizes that traffic and
noise will increase with the approval of this subdivision; however, City Council
does not believe that the amount generated will be detrimental to the general
welfare of the public. City Council does not anticipate the proposed annexation
and subsequent uses will create excessive noise, smoke, fumes, glare, traffic (see
Finding "J" below), or odors. To lessen the impact of this development on the
existing residences in Dartmoor Subdivision, City Council recommends that
construction traffic be prohibited from utilizing Dartmoor Drive or the ditch
rider's access road to the Ten Mile Feeder. City Council finds that the proposed
residential zoning/uses will not be detrimental to people, property or the general
welfare of the area.
J. Will the area have vehicular approaches to the property which shall be so
designed as not to create an interference with traffic on surrounding public
streets;
The applicant is proposing to construct one new public street entrance into the site
from Eagle Road (Kings bridge Drive). The applicant is also proposing to extend a
stub street (Dartmoor Drive) into the site that was approved with the Dartmoor
Subdivision, Dartmoor Drive currently has 32-feet of pavement and no curb,
gutter, or sidewalk. Dartmoor Drive is currently not striped for non-vehicular
traffic. As mentioned in the above finding, the extension of Dartmoor Drive will
cause traffic volumes on the existing portion of the street to increase. However, if
the extension of Dart moor Drive is constructed as approved by ACHD, City
Council does not believe that the subdivision will create interference with traffic
on the existing public street. If all proposed vehicular approaches (streets) are
approved and accepted by ACHD, City Council does not believe that the
subdivision will create interference with traffic on the surrounding public streets.
Please review the ACHD report for this project for additional infonnation
regarding this finding.
K. WiD not result in the destruction, loss or damage of a natural or scenic
feature of major importance; and
There are several mature trees on this property. Any existing trees larger than 4"
caliper that are removed should be mitigated for, per the Landscape Ordinance. If
the on-site trees are protected and mitigated for, as required by the Meridian Parks
Department, City Council finds that the proposed development will not result in
the destruction, loss or damage of any natural feature(s) of major importance.
L. Is the proposed zoning amendment in the best interest of the City of
Meridian. (Ord. 592, 11-17-1992)?
The legal description submitted with the application, prepared by FOX Land
Surveys, Inc., shows that the property is contiguous to the existing corporate
boundary of the City of Meridian. City Council finds that all essential services are
available or will be provided by the developer to the subject property and will not
require unreasonable expenditure of public funds. The applicant is proposing to
develop the land in substantial compliance with the City's Comprehensive Plan.
City Council finds that this is a logical expansion of the City limits. In accordance
with the findings listed above, City Council finds that the annexationlzonin!! of
this orooertv would be in the best interest oftl1e City.
EXHIBIT H
Kingsbridge Subdivision
PP-05-004
Preliminary Plat Findings
Sections 12-3-3 J.2 and 12-3-5 D read as follows: "In determining the acceptance of a
proposed subdivision, the Commission/Council shall consider the objectives of this title
and at least the following:
A. The conformance of the subdivision with the Comprehensive Development
Plan;
City Council finds that the subdivision appears to be in general conformance with
the Comprehensive Plan. See Zoning Amendment Finding HA".
B. The availability of public services to accommodate the proposed
development;
City Council finds that public services can be made available to accommodate the
proposed development. See Zoning Amendment Findings "G" and "H" for more
details.
C. The continuity of the proposed development with the capital improvement
program;
Because the developer is installing sewer, water, and utilities for the development
at their cost, City Council finds that the subdivision will not require the
expenditure of capital improvement funds.
D. The public f"mancial capability of supporting services for the proposed
development;
See Zoning Amendment Finding "H" and the Agency Comments and Conditions
for more detail.
E. The other health, safety or environmental problems that may be brought to
the Commission's attention.
City Council is not aware of any health, safety or environmental problems
associated with the development of this subdivision. ACHD considers road safety
issues in their analysis.
EXHIBIT I
Kingsbridge Subdivision
CUP-05-004
CUP/PD Findings
The Commission and Council shall review the particular facts and circumstances of
each proposed conditional use in terms of the following and may approve a
conditional use permit if they shall f"md evidence presented at the hearing(s) is
adequate to establish (11-17-3):
A. That the site is large enough to accommodate the proposed use and all yards,
open spaces, parking, landscaping and other features as may be required by
this ordinance;
As part of the Planned Development (PD) the applicant is requesting relief from
the standard street frontage requirement of the R-3 zone, and the maximum block
length required by Meridian City Code. See Special Consideration #1 for detailed
analysis.
City Council finds that the subject property is large enough to accommodate the
requested use and all other required features. Although the site is large enough to
accommodate all of the features required by ordinance, the applicant has asked,
through the Planned Development, to modify the specific development standards
listed above (frontage and block length). All residential lots are of adequate size
and shape to accommodate homes that would comply with the proposed bulk and
dimensional standards.
B. That the proposed use and development plan will be harmonious with the
Meridian Comprehensive Plan and in accordance with the requirements of
this Ordinance;
The current Comprehensive Plan Land Use Map designates the property as
Medium and Low Density Residential. As noted in the annexation analysis, City
Council finds that the development appears to be in general conformance with the
Comprehensive Plan. See Zoning Amendment Finding "A".
C. That the design, construction, operation, and maintenance will be compatible
with other uses in the general neighborhood and with the existing or
intended character of the general vicinity and that such use will not adversely
change the essential character of the same area;
See Zoning Amendment Finding "E".
D. That the proposed use, if it complies with all conditions of the approval
imposed, will not adversely affect other property in the vicinity;
City Council finds that if all conditions are complied with, this development
should not adversely affect other property in the vicinity. See Findings "F", "R",
"I", and "J" in the Zoning Amendment analysis.
E. That the proposed use will be served adequately by essential public facilities
and services such as highways, street, police, and fire protection, drainage
structures, refuse disposal, water, sewer or that the person responsible for
the establishment of proposed conditional use shall be able to provide
adequately any such services;
Please see Zoning Amendment Findings "G" and "R" Agency Comments and
Conditions, and any comments that may be submitted to the City Clerk regarding
this project.
F. That the proposed use will not create excessive additional requirements at
public cost for public facilities and services and will not be detrimental to the
economic welfare of the community;
See Zoning Amendment Finding "R".
G. That the proposed use will not involve activities or processes, materials,
equipment, and conditions of operation that will be detrimental to any
persons, property, or general welfare by reason of excessive production of
traffic, noise, smoke, fumes, glare or odors;
See Zoning Amendment Finding "I".
H. That the proposed use will have vehicular approaches to the property which
shall be so designed as not to create an interference with traffic on
surrounding public streets;
See Zoning Amendment Finding "J".
I. That the proposed use will not result in the destruction, loss or damage of a
natural, scenic or historic feature considered to be of major importance.
See Zoning Amendment Finding "K".
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW AND
DECISION & ORDER
In the Matter of a Request for Annexation and Zoning of 76.72 Acres from RUT (Ada
County) to R-3 (Rural Medium Density Residential) AND Preliminary Plat Approval of
One-Hundred- Thirty (130) Building Lots and Thirty-Four (34) Common Lots AND
Conditional Use Permit Approval for a Residential Planned Development Consisting of
Single-Family Homes with Reduced Street Frontage and Increased Maximum Block
Length, by Vision First, LLC.
Case No(s): AZ-05-003, PP-05-004, CUP-05-004
For the City Council Hearing Date of: April 12, 2005
A. Findings of Fact
1. Hearing Facts
a. A notice of a public hearing was published for two (2) consecutive weeks prior to
the City Council public hearing, the first publication appearing and written notice
mailed to property owners or purchasers of record within three hundred feet (300')
of the external boundaries of the property. The notice of public hearing before the
City Council was posted upon the property under consideration more than one week
before said hearing. All other noticing was done consistent with Idaho Code S67-
6509.
The matter was duly considered by the City Council at the April 12, 2005, public
hearing(s). The applicant, affected property owners, and government subdivisions
providing services within the planning jurisdiction of the City of Meridian were
given full opportunity to express comments and submit evidence,
b. Written and oral testimony was received on this matter, as reflected in the records
of the City Clerk (for written testimony) and in the official meeting minutes (for
oral testimony).
c. The Planning and Zoning Commission conducted a public hearing and issued a
written recommendation on the subject matter to the City Council.
d. The City Council heard and took oral and written testimony and duly considered the
evidence and the record in this matter.
2. Process Facts
a. There has been compliance with all notice and hearing requirements set forth in
Idaho Code S67-6509, 6512, and Meridian City Code SS 11-15-5 and 11-17-5 as
evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of
Posting filed with the staff report.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-05-003 / PP-05-D04 / CUP-05-004- PAGE I of 5
3. Application and Property Facts
a. In addition to the application and property facts noted in the staff report and the
Planning & Zoning Recommendation for the subject application(s), it is hereby
verified that the property owner(s) of record at the time of issuance of these
findings are Kingsbridge Properties, LLC, David L. and Kathleen S. Palfreyman,
David A. and Janie Teeter, and Joe-D Acres, Inc.
4. Required Findings per Zoning and Subdivision Ordinance
a, See Exhibits G, H, and I for the findings required for these applications.
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land
Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (LC. 967-
6503).
2. The Meridian City Council takes judicial notice of its Zoning, Subdivision and
Development Ordinances codified at Titles 11 and 12, Meridian City Code, and all
current zoning maps thereof. The City of Meridian has, by ordinance, established the
Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was
adopted August 6, 2002, Resolution No. 02-382 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code
9 11-17-9.
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not
impose expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision, which
shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon
the applicant, the Planning and Zoning Department, the Public Works Department and
any affected party requesting notice.
7. That this approval is subject to the Legal Description in Exhibit A, the Preliminary Plat
dated April 5, 2005 as shown in Exhibit B, the Site Plan dated April 5, 2005 as shown
in Exhibit C, the Annexation and Zoning Comments as shown in Exhibit D, the
Preliminary Plat Site Specific and Standard Conditions as shown in Exhibit E, and the
CUPIPD Site Specific and Standard Conditions as shown in Exhibit F. The conditions
are concluded to be reasonable and the applicant shall meet such requirements as a
condition of approval of the application,
C. Decision and Order
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-05-003! PP-05-004 ! CUP.05-004- PAGE 2 of5
Pursuant to the City Council's authority as provided in Meridian City Code ~ 12-3-5 and
based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby
ordered that:
1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary
Plat dated April 5, 2005 is hereby conditionally approved;
2. The applicant's Site Plan as evidenced by having submitted the Site Plan dated April
5,2005 is hereby conditionally approved; and,
3. The Site Specific and Standard Conditions are as shown in Exhibits E and F.
D. Notice of Applicable Time Limits
1. Notice of Eighteen (18) Month Conditional Use Permit Duration
Please take notice that the conditional use permit shall be valid for a maximum period
of eighteen (18) months unless otherwise approved by the council. During this time,
the pennit holder must commence the use as pennitted in accordance with the
conditions of approval, satisfy the requirements set forth in the conditions of approval,
acquire building permits and commence construction of permanent footings or
structures on or in the ground, In this context "structures" shall include sewer and
water lines, streets or building construction. The applicant has specified in the
application and to the commission and council a construction schedule and completion
date for the project. If the completion date specified for the project is exceeded, the
conditional use application shall become null and void. However, the applicant may
submit an application for a time extension on the project for city council review. The
application for time extension shall be submitted at least thirty (30) days prior to the
deadline for completion of the project. For projects requiring platting, the final plat
must be recorded within this eighteen (18) month period. For projects with multiple
phases, the eighteen (18) month deadline shall apply to the first phase. In the event that
the development is made in successive contiguous segments or multiple phases, such
phases shall be constructed within successive intervals of one year from the original
date of approval by the council. If the successive phases are not submitted within one
year intervals, the conditional approval of the future phases shall be null and void.
(MCC 11-17-4.B.)
2, Notice of Twelve (12) Month Preliminary Plat Duration
Please take notice that after the date of approval of the preliminary plat, the owner or
developer shall have one year within which to file the request for approval of the final
plat. After approval of final plat, the owner or developer shall have one year to begin
construction of the public utilities and one year thereafter to complete construction of
those public facilities. (MCC 12-2-4.B & C.)
E. Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may
request a regulatory taking analysis. Such request must be in writing, and must be filed
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-05-003 / PP-05-004 I CUP-05-004- PAGE 3 of5
with the City Clerk not more than twenty-eight (28) days after the final decision
concerning the matter at issue. A request for a regulatory takings analysis will toll the
time period within which a Petition for Judicial Review may be filed.
2. Please take notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code ~ 67-6521 an affected person being a person who has
an interest in real property which may be adversely affected by the issuance or denial of
the conditional use pennit approval may within twenty-eight (28) days after the date of
this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho
Code.
Zoning Amendment Findings
Preliminary Plat Findings
CUP/PD Findings
By action of the City Council at its regular meeting held on the .jyoL
fY\(l ~ ' 2005.
F. Exhibits
Exhibit A:
Exhibit B:
Exhibit C:
Exhibit D:
Exhibit E:
Exhibit F:
Exhibit G:
Exhibit H:
Exhibit I:
Legal Description
Approved Preliminary Plat (with conditions)
Approved Site Plan (with conditions)
Annexation and Zoning Comments
Preliminary Plat Site Specific and Standard Conditions
CUP/PD Site Specific and Standard Conditions
day of
COUNCIL MEMBER SHAUN WARDLE
VOTED~
COUNCIL MEMBER CHRISTINE DONNELL
VOTED~
COUNCIL MEMBER CHARLIE ROUNTREE
VOTED~
COUNCIL MEMBER KEITH BIRD
VOTED-UfCL
MAYOR TAMMY de WEERD
(TIE BREAKER)
VOTED--===-
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-05-003 / PP-05-004 / CUP-05-004- PAGE 4 of 5
Copy served upon Applicant, The Planning and Zoning Department, Public Works Department
and City Attorney.
By: ~ (\ A l\:o~Jt.-
City Clerk's Office
Dated: 5-} \J} ..()c;-
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NOeS). AZ-OS-003! PP-OS-004 ! CVP-OS-004- PAGE S ofS
EXHIBIT A
Kingsbridge Subdivision
AZ-05-003
Legal Description (3 pages)
FOX l"and
lnc~
4696 Ovorlalld Rd, STE 162 ~ Boise Idallo _\ 83705.1. 208-342.7957..\ 208-342-1437 FAX
PROPOSED KINGSBRIDGE SUBDIVISION
LOT 11, BLOCK 2 OF DARTMOOR SUBDIVISION WITHIN A PORTION OF THE SOUTH V. OF lrlE
NORTHWEST %, AND, THE NORTH % OF THE NORTHWEST % OF THE SOUTHWEST Y4, SECTION
28, TOWNSHIP 3 NORTH, RANGE 1 EAST. BOISE MERIDIAN, AOA COUNTY, IDAHO
lot 11, Block 2 of Dartmoor Subdivision within a Portion of The South }oS of the
Northwest X, and, the North Yz of the Northwest X of the Southwest X, Section 28,
Township 3 North, Range 1 East, 80lse Meridian, Ada County, Idaho, more particularly
described as follows:
Beginnrng al a found Brass Cap Monument marl~ing the Northwest Corner of Section 28,
Township 3 North, Range 1 East, Boise Meridian, from which a found Brass Cap
Monument marking the Y. Corner common to Sections 21 and 28 bears South 89'36'03"
East a distance of 2,657,34 teet,
thence along the boundary common to Sections 28 and 29 of said Township and Range,
South 00'27'43" West, a distance of 2,641 ,93 feet to a found 5/8" rebar with no cap, set
plastic cap stamped "FLSI PLS 7612", marking the X. corner common to Sections 28 and
29 of said Township and Range. the TRUE POINT OF BEGINNING;
thence along the East-West center line of Section 28, South 89'23'38" East, a distance of
45,00 feel to a seI5/8" rebar with plastic cap stamped "FLSI PlS 7612" on the Easterly
right-or-way of Eagle Road, marking the Southwest corner of lot 11, 81ocl< 2 of Dartmoor
S ubd ivi sian;
thence along said Easterly right-of-way of Eagle Road and the Westerly boundary of saki
lot 11, Block 2 of Dartmoor Subdivision, North 00.27'43" East a distance of60,OOteet to
a setS/S' rebar with plastic cap stamped "FLSI PLS 7612" at the corner common 10 Lot 11
and lot 16 of said Dartmoof Subdivision:
thence along the boundaries Of said Lot 11, Block 2 of Dartmoor SubdIvision the following
courses and distances
South 89023'38' East a distance of 62S.24 feet a point, from which a found W rebar
with plastlc cap stamped "DHR PLS 3624" bears North 00'25'38" East a distance of 0,63
feet'
North 00025'38" East a dista nee of 228. 03 feet to a set 5/8" rebar with plastic cap
stamped "FLSr PLS 7612'.
North 12"21'38" East a distance of 201.79 feet to the southwest nght-of-way of east
Darlmoor Dnve;
South 89"25'57" East a dIstance of 81,12 feet to the northeasl right-at-way of Easl
Dartmoor Drive;
North 46"52'10" East a distance of 164,01 feet to a set 5/8" rebar with plastic cap
stamped "FLSI PLS 7612",
North 00"30'11" East a distance of 723.68 feet to the Northwest corner of said Lot
11, Block2 of Dartmoor Subdivision. From which a found};i" rebarwith plastic cap stamped
"DHR PLS 3624" bears South 00"30'11" West a distance of 0.44 feet;
thence along the Northerly boundary of said Lot ii, Btock 2 of Dartmoor Subdivision and
the North 1I1S'h line of Section 28, South 89030'16" East a distance of 1,741.56 feet to the
Northeast corner of said Lot11 and the Center-North 1/1S'h corner of Section 28, marked
by a sel 5/8" rebar with piastre cap stamped 'FLSI PLS 7612";
thence along the Easterly boundary of said Loti1, Block 2 of Dartmoor SubdiVision and
the North-South center fine of Section 28, South 00"29'23" West a distance of 1,325,46
feet to a found 1 inch Iron Pin with no cap, set aluminum cap stamped "FLSI PLS 7612"
markmg the Southeast corner of said Lot 11 and the Center of Secllon 28;
thence along the Southerly boundary of said Loti1, the East-West center line of Section
28, and the Northerly boundary of Kunz Harrow Subdivision, North 89"25'12" West, a
distance of 1,328,13 reetto a found 5/8' rebarwith plastic cap stamped "LS 2723" marking
the Center-West1/1611J corner of Section 28 and the Northwest corner of Kunz Hollow
Subdivision;
thence along the West1l16lh line of Section 28 and the Westerly boundary of Kunz Hollow
SubdiviSIon, South 00"33'59" West, a distance of 661.38 feet to a found 518" rebar with
plasl1c cap stamped "EHM 3260" marking the Southwest corner thereof and the .Northeast
corner of Zaldien Zerua Subdivision;
thence along the Northerly boundary of lald"len Zerua SubdiviSion and the Westerly
extensIOn thereof, North 89021 '45" West a distance of 1,328,54 feet a point on the
Westerly boundary of Section 28 and the center line of South Eagle Road, marked by a set
5/8" rebar with plastic cap stamped "FLSI PLS 7612";
thence along said Westerly boundary of Section 28 and the center lme of South Eagle
Road North 00"37'13" East, a distance of 660.65 feet to the TRUE POINT OF
BEGINNING;
Containing 3,341)34 square feel, 76.716 acres, more or Jess
Subjecllo existing easements and rights-of-way as any may exrsl, of record or not of
record
The Basis of Bearings for this description is between the found Brass Cap Monument
marl<lng the Northwest Corner of Section 28, Township 3 North, Range 1 East, Boise
Meridian, and the found Brass Cap Monument marking the Y. Corner common 10 Sections
21 and 28 which bears South 89036'03" East a dislance of 2,657.34 feet
T;molhy J Fo,. PLS 7612_11::~~
:!:;,:",~oo.._"".,__",_,':~~~::'SCR1PTlON \ i(~1lfiiJ
EXHIBIT B
Kingsbridge Subdivision
PP-OS-004
Approved Preliminary Plat
~~~~;~~~Q-o
Illlilllm
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EXHIBIT C
Kingsbridge Subdivision
CUP-05-004
Approved Site Plan (2 pages)
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I
KINGSBRlDGE SUBOMSION II; lll~
MERIDIAN, IDAHO ,. I 1;;
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KlNGSBRIOGE SUBDIVISION
MERIDIAN, IDAHO
EXHIBIT D
Kingsbridge Subdivision
AZ-05-003
Annexation and Zoning Comments
The applicant has made the following commitments to be included as conditions of a
Development Agreement (DA). A development agreement will be required as part of
annexation of this property. Prior to the annexation ordinance approval, a DA shall be
entered into between the City of Meridian, the property owner(s) (at the time of
annexation ordinance adoption), and the developer. The applicant shall contact the City
Attorney, Bill Nary, at 888-4433 to initiate this process. The DA shall incorporate the
following:
o That fencim! on the north side of Lot 9. Block 1. adioininl!" Dartmoor
Subdivision. shall be installed prior to issuance of the first buildinl!" permit on
the subiect property:
o That the applicant shall impose, in the CCR's for Kjngsbridge Subdivision, a
minimum 25-foot rear yard setback on all perimeter lots;
o That the applicant shall impose a single story restriction on specific perimeter lots
(see Exhibit E), sinl!"le-storv restricted lots shall have a maximum peak of 25-
feet and a 10:12 maximum pitch. with no bonus rooms in the attic space;
That along Zaldia Lane, the applicant shall construct a 5-foot wide landscape
strip, south of the 6-foot vinyl privacy fence. An evergreen tree shall be installed
every 20-feet on center within the landscape strip;
o That the applicant shall construct a berm (maximum 4:1 slope) within the
proposed 20-foot wide buffer strip along Zaldia Lane. Said berm shall produce a
total vertical screenof II-feet (6-foot privacy fence on top of a 5-foot benn).
Vertical screen height to be measured from the Zaldia Lane/south property line
established grade;
That the applicant shall pipe the tail ditch from the Dartmoor irrigation pond
(along Eagle Road, north of Dartmoor Drive) through the site;
o That a concrete sidewalk. curb. and l!"utter (or. if mutuallv al!"reed bv the
developer and the Dartmoor residents. detached. meanderinl!" sidewalks
separated from the street) extendinl!" alonl!" both sides of Dartmoor Drive
from the Kinl!"sbridl!"e sidewalks at the current end of Dartmoor Drive to
Eal!"le Road. Construction of said sidewalks shall be completed prior to
issuance of the first buildinl!" permit in the development. (NOTE: Said
improvements are subiect to ACHD approval and desil!"n standards):
That the applicant will construct a 3-raiI fence alom! the Dartmoor Drive
frontal!"e for the existinl!" homes alonl!" Dartmoor Drive that currently do not
have fendnl!". In lieu of a 3-rail fence. a white vinvl fence shall be installed on
the south side of Parcel # R1734560100. Said fencinl!" shall be completed prior
to issuance ofthe first buildinl!" permit in Phase II (second final plat phase) of
the development:
That prior to issuance of the first buildin!! permit in Phase II (second final
plat phase). the applicant shall vipe the tail ditch from the Dartmoor
irri!!ation pond (alon!! Ea2le Road. north of Dartmoor Drive) throu!!h the
site and install a head !!ate on the new inlet to control water flow into the
.I!ill.ll!.i
o To ensure that density chan2es are not made between preliminarv and final
plat aoorovals. no si!!nificant chan2es will be allowed to the plat dated April
5.2005. except chan2es reauired bv !!overnmental a!!encies or other minor
chan2es approved bv 20vernmental a2encies which do no increase density or
dailv vehicle trips. Excevt for minor lot size adiustments between adiacent
perimeter lots. no perimeter lot in the subdivision shall be reduced in size
below the SQuare foota!!e shown on the preliminarv plat dated Avril 5. 2005.
All perimeter lots shall remain as sin21e home residential lots that cannot be
further subdivided or split as part of this subdivision. The preliminarv plat
dated April 5. 2005. is herebv included as a condition of approval for
developin2 the subject property:
That the applicant shall develop a weed control and maintenance plan for the
undeveloped areas of the subdivision:
o That the anplicant shall develop a 2radin!! and draina2e plan for the five (5)
lots on the northwest corner of the subdivision: and.
That the applicant's plans for retention and/or treatment of storm water
prior to leavin2 the site shall be submitted for review and approval of the
Dartmoor HOA President. which shall not be unreasonablv withheld.
EXHIBIT E
Kingsbridge Subdivision
PP-05-004
Preliminary Plat Site Specific and Standard Conditions
SITE SPECIFIC CONDITIONS (PRELIMINARY PLAT)
1. The 3-page preliminary plat prepared by The Land Group, Inc., dated April 5.
2005, is approved with the conditions listed herein. All conditions of the
Conditional Use Permit (CUP-05-004) application shall also be considered
conditions of the Preliminary Plat (PP-05-004).
2. Provide a public stub street to the Blackmer Property (Parcel No. R3193250030),
approximately 450-feet east of the west property line (in alignment with
Darlington Way).
3. Provide approximately 100-feet of frontage on Kingsbridge Drive for Lot 14,
Block 2, by incorporating Lot 13, Block 2, into Lot 14, Block 2, Refuse service
for Lot 14, Block 2, shall be from Kingsbridge Drive and not Zaidi a Lane. Trash
cans for Lot 14 shall be brought to the curb of Kingsbridge Drive. Any existing
domestic wells and/or septic systems within this project will have to be removed
from their domestic service, per City Ordinance Section 5-7-517, when services
are available from the City of Meridian. Wells may be used for non-domestic
purposes such as landscape irrigation. The applicant shall be responsible for
payment of and the actual physical sanitary sewer and domestic water connection
for the existing house.
4. Revise the following notes on the preliminary plat as follows:
Note 7 shall be revised by adding a second sentence that reads: "Setbacks
shall be measured from the property line or the adjacent sidewalk,
whichever is more restrictive."
Note 12 shall be amended by removing Lot 13, Block 2, from being a
HOA lot, and Lot 29, Block 2, shall be added to the list ofHOA lots.
Note 14 shall be removed (see Condition #3 above).
Add a note stating that the HOA is responsible for keeping Lot 9, Block 1,
and Lot 20, Block 2, free of weeds and debris and is subject to a 60-foot
wide irrigation easement.
5. All irrigation ditches, laterals, and canals (including the Ten Mile Feeder)
intersecting, crossing or lying adjacent and contiguous to the area being
subdivided shall be tiled per MCC 12-4-13. The applicant shall also pipe the tail
ditch beginning at the Dartmoor irrigation pond (along Eagle Road, north of
Dartmoor Drive) through the subject site. Plans will need to be approved by the
appropriate irrigation/drainage district, or lateral users association (ditch owners),
with written approval or non-approval submitted to the Public Works Department.
If lateral users association approval can not be obtained, plans will be reviewed
and approved by the City Engineer prior to final plat signature.
6. The applicant has indicated that the pressurized irrigation system within this
development will be owned and operated by the homeowners' association,
Underground year-round pressurized irrigation must be provided to all lots within
this development (MCC 12-5-2.N). The City of Meridian requires that pressurized
irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3).
The applicant shall be required to utilize any existing surface or well water for the
primary source. If a surface or well source is not available, a single-point
connection to the culinary water system shall be required. If a single-point
connection is utilized, the developer shall be responsible for the payment of
assessments for the common areas prior to signature on the final plat by the City
Engineer. If the system is to remain private, a draft copy of the pressurized
irrigation system O&M manual must be submitted prior to plan approval.
7. The submitted 4-page landscape plan prepared by The Land Group, Inc" dated 1-
14-05 is approved as submitted, with the following notes/modifications:
· Per MCC 12-13-13-3, any tree over 4" in caliper that is removed from the
property shall be replaced by installing additional trees, being the equivalent
number of caliper inches of trees that were removed. To mitigate for the
existing trees on site, provide additional trees as shown on the landscape plan.
· The applicant shall install vinyl privacy fencrn2 extendin2 alon2: the north
property lines (includin2: the portion of the north side of Lot 9. Block 1),
and extendin2 alo02 the portion of the south boundary of Lot 17. Block 2.
Install either 5-foot wrou2:ht iron or 6-foot vinyl privacy fence on all other
proiect perimeters. AU fences shall taper down to 3 feet maximum within 20
feet of all right-of-way. Fencine: on the north side of Lot 9. Block 1. shall be
completed prior to issuance of the first buildine: permit in Kine:sbrid2e
Subdivision.
· All micropaths within the proposed subdivision shall be designed in
accordance with MCC 12-13-15 "Micropath Landscaping" and MCC 12-4-3
"Pedestrian Walkways.'t Micropath fencing shall be constructed per MCC 12-
13-15-9, as proposed.
· Depict a minimum 40-foot wide landscape buffer along Eagle Road (including
a 5-foot wide detached sidewalk), as proposed. Said landscape buffer shall be
located beyond the 48-feet shown as future street right-of-way.
· All areas being counted toward the open space requirement shall be free of
"wet ponds" or other such nuisances. All stormwater detention facilities
incorporated into the required open space are subject to Ordinance 12-13-14
and shall be fully vegetated with grass and trees, as depicted on the submitted
landscape plan.
· Along Zaldia Lane, the applicant shall construct a 5-foot wide landscape strip,
south of the 6-foot vinyl privacy fence, An evergreen tree shall be installed
every 20-feet on center within the landscape strip.
· The applicant shall construct a berm (maximum 4: I slope) within the 20-foot
wide buffer strip along Zaldia Lane. Said berm shall produce a total vertical
screen of II-feet (6-foot privacy fence on top of a 5-foot berm). Vertical
screen height to be measured from the Zaldia Lane/south property line
established grade.
· Lot 1. Block 5. shall be landscaped with !!rass and ever!!reen trees to
complete an improved buffer between the adioinin!! Dartmoor
homeowner and South Merrivale Way. Landacnin!! shall be installed
nrior to the issuance of the first buildin!! permit in Phase 2 (second final
plat phase).
The approved landscape plan is not to be altered without prior written approval of
the Planning & Zoning Department.
8. Prior to signature of the final plat by the City Engineer, all structures on Lots I, 2,
and 8, Block 1 shall be removed.
9. All buildable lots within the subdivision, including Lot 18, Block 2, shall be a
minimum of 12,000 square-feet.
10. For all street bulb-outs with landscape islands, paint the curb red and provide
signage "No parking fire lane." All roadways shall have a turning radius of 28-
feet inside and 48-feet outside.
II. Sanitary sewer and water service to this development shall be from extensions of
existing mains that were installed as part ofthe Messina Village Subdivision.
12. Applicant will be responsible to construct the sewer and water mains to and
through this proposed development, thereby making tllem available to adjacent
properties. Subdivision designer to coordinate main sizing and routing with the
Public Works Department. Applicant shall execute City of Meridian standard
form of easements, for any mains or facilities that are required to provide service.
13. In accordance with MCC 12-13-10-8, Applicant shall provide 5-foot detached
sidewalks adjacent to Eagle Road, as proposed. Applicant shall also provide 4-
foot detached sidewalks adjacent to the internal public streets, as proposed.
14. Maintenance of all common area lots shall be the responsibility of the
Kingsbridge Homeowners' Association.
15. Direct lot access to Eagle Road is prohibited. A note shall be placed on the final
plat restricting access to Eagle Road.
16. The followin!! lots shall be restricted to a sin!!le story residence includin!! a
maximum peak of 25-feet and a 10:12 maximum pitch. with no bonus rooms
in the attic snace:
Lots 5. 6.7. 8. 14. 15.22.31 and 32. Block 2
Lots 3. 4. 5. 30 and 31. Block 1
Lots 17 and 18. Block 18
Lots 2. 3. 4 and 5. Block 5
Lots 22. 23. 24 and 25. Block 7
A note shall be placed on the final plat(s) statim! the hei2ht restriction for the
above-listed lots.
17. Place a note on the face of the final olat statin2 that all perimeter lots have a
minimum 25-foot rear yard setback.
18. South Ivv Bridl!e Way shall be redesil!ned to terminate in a cul-de-sac and
not connect with Kin2sbridl!e Drive from Merrivale Way (as shown in the
preliminarv plat dated April 5. 2005).
19. The minimum house size for a sinl!le-storv dwellinl! shall be 2.000 SQuare feet
and the minimum house size for a two story home shall be 2 400 SQuare feet.
A note shall be placed on the face of the final platts) statim! the SQuare
footal!e minimums.
GENERAL CONDITIONS (PRELIMINARY PLAT)
I. All grading of the site shall be performed in conformance with MCC 11-12-3H.
2. Sidewalks shall be installed within the subdivision and on the perimeter of the
subdivision pursuant to MCC 12-13-10-8.
3. A letter of credit or cash surety in the ffinount of 110% will be required for all
fencing, landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to
signature on the final plat.
4. A detailed landscape and fencing plan, in compliance with the landscape and
subdivision ordinance and as noted in this report, shall be submitted for the
subdivision with the final plat application,
5. Coordinate fire hydrant placement with the City of Meridian Public Works
Department.
6. One-hundred-watt, high-pressure sodium streetlights will be required at locations
designated by the Public Works Department. All streetlights shall be installed at
subdivider's expense. Typical locations are at street intersections and/or fire
hydrants. Final design locations and quantity are determined after power designs
are completed by Idaho Power Company. The street light contractor shall obtain
design and permit from the Public Works Department prior commencing
installations.
7. Any tree over 4" in caliper that is removed from the property shall be replaced by
installing additional trees, being the equivalent number of caliper inches of trees
that were removed. Required landscaping trees will not be considered as
replacement trees for those trees that have to be mitigated,
8. Submit any up-dated groundwater/soils monitoring data, as collected and
analyzed by a soils scientist, to the Public Works Department for review. Any
drainage areas (detention/retention basins) must be designed to ensure that water
will percolate or discharge with a period of time not to exceed 24-hours for all
storms up to and including a 100-year storm events. Side slopes within drainage
areas shall not exceed 3: 1. Any portion of a drainage area not improved with
sod/grass seed (or other approved landscaping) shall not count towards the
required open space area. The project engineer should pay close attention to the
results of field studies determining the groundwater, soil type & and
characteristics during the design and construction phases. The engineer shall be
required to certify that the street centerline elevations are set a minimum of3-feet
above the highest established nonnal groundwater elevation. This is to ensure
that the bottom elevation of the crawl spaces of homes is at least I-foot above
groundwater,
9. The applicant shall coordinate mailbox locations with the Meridian Post Office.
10. Any existing domestic wells and/or septic systems within this project will have to
be removed from their domestic service per City Ordinance Section 9-1-4 and
9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation.
11. Compaction test results must be submitted to the Meridian Building Department
for all building pads receiving engineered backfill, where footing would sit atop
fill material.
12. Applicant's engineer will be required to submit a signed, stamped statement
certifying that all street finish centerline elevations are set a minimum of three
feet above the highest established normal groundwater elevation.
13. The applicant shall be required to pay Public Works development plan review,
and construction inspection fees, as determined during the plan review process,
prior to signature on the final plat per Resolution 02-374.
14. Applicant shall be responsible for application and compliance with any Section
404 Permitting that may be required by the Army Corps of Engineers.
15. Applicant shall be responsible for application and compliance with and NPDES
Permitting that may be required by the Environmental Protection Agency.
16. Staffs failure to cite specific ordinance provisions or terms of the approved
annexation/conditional use does not relieve the applicant of responsibility for
compliance.
17. Preliminary plat approval shall be subject to the expiration provisions set forth in
MCC 12-2-4.
AGENCY COMMENTS AND CONDITIONS
MERIDIAN FIRE DEPARTMENT
1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute
available for duration of 2 hours to service the entire project. Fire hydrants shall be
placed an average of 500' apart. International Fire Code Appendix C.
2. Final Approval of the fire hydrant locations shall be by the Meridian Fire
Department.
a. Fire Hydrants shall have the 4 W' outlet face the main street or parking lot
aisle,
b. The Fire hydrant shall not face a street which does not have addresses on
it.
c. Fire hydrant markers shall be provided per Public Works spec.
d. Locations with fire hydrants shall have the curb painted red 10' to each
side of the hydrant location.
e. Fire Hydrants shall be placed on corners when spacing permits,
f. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
g. Fire hydrants shall be placed 18" above finish grade.
3. The phasing plan may require that any roadway greater than 150- feet in length that
is not provided with an outlet shall be required to have an approved turn around.
4, All entrance and internal roads shall have a turning radius of 28-feet inside and 48-
feet outside radius.
5. For all Fire Lanes (including bulb-outs with landscape islandsf'buttons"), paint the
curb red and provide signage "No Parking Fire Lane".
6. Operational fire hydrants and temporary or permanent street signs are required
before combustible construction begins.
7. To increase emergency access to the site a minimum of two points of access will be
required for any portion of the project, which serves more than 50 homes. The two
entrances shall be separated by no less than 12 the diagonal measurement of the
project.
8. The proposed project lies outside the five-minute response zone goal.
Achievement of this goal is subject to budgetary constraints and is intended to
enhance the probability of a favorable outcome on a request for Basic Life
Support. The budget constraints are typically defined as capital outlay for
facilities that are located within 1.5 miles from a given location and sufficient
operational funds to staff the facilities.
9. All portions of the buildings located on this project must be within 150' of a paved
surface as measured around the perimeter of the building,
10, Where a portion of the facility or building hereafter constructed or moved into or
within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire
apparatus access road, as measured by an approved route around the exterior of the
facility or building, on-site fire hydrants and mains shall be provided where required
by the code official. For buildings equipped throughout with an approved automatic
sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the
distance requirement shall be 600 feet (183).
a. For Group R-3 and Group U occupancies, the distance requirement shall be
600 feet (183 m).
b. For buildings equipped throughout with an approved automatic sprinkler
system installed in accordance with Section 903.3 .1.1 or 903.3 .1.2, the
distance requirement shall be 600 feet (183 m).
MERIDIAN PARKS DEPARTMENT
1. Standard for Mitigation of trees: The standard established in the City of Meridian
Landscape Ordinance will be followed.
2. Standard Plan for Protection of Existing Trees during Construction: The standard
established in the City of Meridian Landscape Ordinance will be followed,
CENTRAL DISTRICT HEALTH DEPARTMENT
1, This proposal can be approved for central sewage & central water after written
approval from appropriate entities is submitted.
2. The Applicant's central sewage and central water plans must be submitted to and
approved by the Idaho Department of Health & Welfare, Division of
Enviromnental Quality.
3, Run-offis not to create a mosquito breeding problem.
4. Stormwater shall be pretreated through a grassy swale prior to discharge to the
subsurface to prevent impact to groundwater and surface water quality.
5, The Engineers and architects involved with the design of the subject project shall
obtain current best management practices for stormwater disposal and design a
stormwater management system that prevents groundwater and surface water
degradation.
NAMPA & MERIDIAN IRRIGATION DISTRICT
1. If all storm drainage is retained on-site there will be no impact on Nampa &
Meridian Irrigation District and no further review will be required, If any surface
drainage leaves the site, the Nampa & Meridian Irrigation District requires that a
Land Use Change Application is filed for review prior to final platting, Please
contact Donna Moore at 466-7861 for further information.
2. All laterals and waste ways must be protected.
3. The developer must comply with Idaho Code 31-3805. It is recommended that
irrigation water be made available to all developments within the N amp a &
Meridian Irrigation District.
ADA COUNTY HIGHWAY DISTRICT
Site Specific Conditions of Approval
1. Dedicate 48-feet of right-of-way from the centerline of Eagle Road abutting the
parcel by means of a warranty deed. The right-of-way purchase and sale
agreement and deed must be completed and signed by the applicant prior to
scheduling the final plat for signature by the ACHD Commission or prior to
issuance of a building permit (or other required permits), whichever occurs first.
Allow up to 30 business days to process the right-of-way dedication after receipt
of all requested material. The owner will be paid the fair market value of the
right-of-way dedicated which is an addition to existing ACHD right-of-way.
2. Construct a 5-foot wide detached sidewalk on Eagle Road abutting the site located
a minimum of 41-feet from the centerline ofthe roadway,
3. Construct a southbound left turn lane on Eagle Road at the intersection with
Kingsbridge Drive, as recommended by the Traffic Impact Study. Provide a
minimum of 100-feet of storage with shadow tapers for both the approach and
departure directions
4. Construct a northbound right-turn lane at the sight approach intersection with
Eagle Road, as recommended by the submitted Traffic Impact Study.
5. Construct Kingsbridge Drive as a residential collector from Eagle Road to the
easternmost property line. This roadway shall be a 36-foot street section with
vertical curb, gutter, and 5-foot concrete sidewalks within 50-feet (minimum) of
right-of-way. Provide an easement to the District for any portion of the sidewalk
that is outside of the public right-of-way. Stripe Kingsbridge Drive at the
intersection with Eagle Road, to accommodate simultaneous left and right turn
movements onto Eagle Road.
6. Construct the internal local roadways as 36-foot street sections within 50-feet of
right-of-way with rolled curb, gutter and 5-foot concrete sidewalks. If the
sidewalk meanders outside ofthe right-of-way, the applicant should provide the
District with an easement for the sidewalk.
7. Extend Dartmoor Drive into the site as proposed, There shall only be one street
cOlmection to the existing Dartmoor Drive from the new subdivision, as proposed
on the revised layout (See attachment #5).
8. Any landscape islands or medians shall be owned and maintained by the
homeowner's association. Notes of this are required on the final plat.
9. Construct Kingsbridge Drive a stub street to the east property line, as proposed,
approximately 440-feet north of the Ten Mile Lateral, to serve the adjacent 9.0
acre parceL Install a sign at the terminus of the roadway stating that, "THIS
ROAD WILL BE EXTENDED IN THE FUTURE."
10. Construct Ivybridge Way as a stub street to the north property line approximately
l30-feet east of the west property line. Install a sign at the terminus of the stub
street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE."
11. Construct Stockenham Way as a stub street to the north property line
approximately 180-feet west ofthe east property line. Install a sign at the
tenninus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN
THE FUTURE."
12. Provide an easement across the landscape lot OR public right-of-way frontage for
the existing home on Lot 14, Block 2. When the property with the existing home
re-develops (approximately 2.75-acres), it will be required to extend Kingsbridge
Drive through the site as a stub street to the east property line.
13. Other than the access that is specifically approved with this application, direct lot
access to Eagle Road is prohibited and shall be noted on the final plat.
14. Comply with all Standard Conditions of Approval.
Standard Conditions of Approval
1. Any existing irrigation facilities shall be relocated outside ofthe right-of-way.
2, All utility relocation costs associated with improving street frontages abutting the
site shall be borne by the developer.
3. Replace any existing damaged curb, gutter and sidewalk and any that may be
damaged during the construction of the proposed development. Contact
Construction Services at 387-6280 (with file number) for details.
4. Utility street cuts in pavement less than five years old are not allowed unless
approved in writing by the District. Contact the District's Utility Coordinator at
387-6258 (with file numbers) for details.
5. All design and construction shall be in accordance with the Ada County Highway
District Policy Manual, ISPWC Standards and approved supplements,
Construction Services procedures and all applicable ACHD Ordinances unless
specifically waived herein. An engineer registered in the State of Idaho shall
prepare and certify all improvement plans.
6. The applicant shall submit revised plans for staff approval, prior to issuance of
building penuit (or other required permits), which incorporates any required
design changes.
7. Construction, use and property development shall be in conformance with all
applicable requirements of the Ada County Highway District prior to District
approval for occupancy,
8. Payment of applicable road impact fees are required prior to building construction
in accordance with Ordinance #200, also known as Ada County Highway District
Road Impact Fee Ordinance.
9. It is the responsibility of the applicant to verify all existing utilities within the
right-of-way. The applicant at no cost to ACHD shalI repair existing utilities
damaged by the applicant. The applicant shall be required to call DIGLINE (1-
800-342-1585) at least two full business days prior to breaking ground within
ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-
6190 in the event any ACHD conduits (spare or filled) are compromised during
any phase of construction.
10. No change in the terms and conditions of this approval shall be valid unless they
are in writing and signed by the applicant or the applicant's authorized
representative and an authorized representative of the Ada County Highway
District. The burden shall be upon the applicant to obtain written confirmation of
any change from the Ada County Highway District.
11. Any change by the applicant in the planned use of the property which is the
subject of this application, shall require the applicant to comply with all rules,
regulations, ordinances, plans, or other regulatory and legal restrictions in force at
the time the applicant or its successors in interest advises the Highway District of
its intent to change the planned use of the subject property unless a
waiver/variance of said requirements or other legal relief is granted pursuant to
the law in effect at the time the change in use is sought.
EXHIBIT F
Kingsbridge Subdivision
CUP-05-004
CUP/PD Site Specific and Standard Conditions
SITE SPECIFIC CONDITIONS (CONDITIONAL USE PERMIT)
1. The 2-page site plan prepared by The Land Group, Inc., dated April 5. 2005, is
approved with the conditions listed herein. All conditions of the Preliminary Plat
application shall also be considered conditions of the Conditional Use Pennit
(CUP-05-004) application.
2. The project shall conform to the R-3 dimensional standards, modified as follows:
· Minimum lot frontage: 60-feet (non-cuI-de sac); 30-feet for cul-de-sac lots
· Minimum lot size: 12,000 square-feet
· Maximum Block Length: Approximately 1,325 feet (per the Preliminary
Plat)
3. The following amenities are required as part of the Planned Development, per the
application: 10% open space, a community park on Lot 10, Block 1, that contains
a swimming pool, a BBQ area with picnic tables and a tot lot, another park (Lot 1,
Block 8) that contains a water feature, benches and a walking path, a landscaped
boulevard corridor with street trees in the 8-foot planter strips between the street
and the detached sidewalk, a walking path along the south side of the Ten Mile
Feeder, a walking path along the north boundary, smaller open space pockets, a
bridge monument, and ornamental street lights. The applicant shall be required to
obtain a Certificate of Zoning Compliance (CZC) from the City prior to
construction of any permanent structures on the proposed park lots.
4. Construction of homes within Kingsbridge Subdivision shall substantially comply
with the four (4) elevations submitted by the applicant. Construction materials
used on the structures shall be approved by the City of Meridian Building
Department and in accordance with the most recent Uniform Building Code.
5. The applicant shall install a sign on Lot 13, Block 1, informing construction
personnel that they must use Kingbridge Drive, not Dartmoor Drive as access to
the site. Further, the applicant shall install a sign on both sides of Kingsbridge
Drive, on Lot 1, Block 2, and Lot 8, Block 1, identifying Kingsbridge Drive as the
only entrance for construction traffic.
A GENCY COMMENTS AND CONDITIONS
MERIDIAN FIRE DEPARTMENT
1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute
available for duration of 2 hours to service the entire project. Fire hydrants shall
be placed an average of 500' apart. International Fire Code Appendix C.
2. Final Approval of the fire hydrant locations shall be by the Meridian Fire
Department.
a. Fire Hydrants shall have the 4 W' outlet face the main street or parking lot
aisle.
b. The Fire hydrant shall not face a street which does not have addresses on
it.
c. Fire hydrant markers shall be provided per Public Works spec.
d, Locations with fire hydrants shall have the curb painted red 10' to each
side of the hydrant location.
e. Fire Hydrants shall be placed on corners when spacing permits.
f. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
g. Fire hydrants shall be placed 18" above finish grade.
3. The phasing plan may require that any roadway greater than ISO-feet in length that
is not provided with an outlet shall be required to have an approved turn around.
4. All entrance and internal roads shall have a turning radius of 28-feet inside and 48-
feet outside radius,
5. For all Fire Lanes (including bulb-outs with landscape islands/"buttons"), paint the
curb red and provide signage "No Parking Fire Lane",
6. Operational fire hydrants and temporary or permanent street signs are required
before combustible construction begins.
7. To increase emergency access to the site a minimum of two points of access will be
required for any portion of the project, which serves more than 50 homes. The two
entrances shall be separated by no less than 12 the diagonal measurement of the
proj ect.
8. The proposed project lies outside the five-minute response zone goaL
Achievement of this goal is subject to budgetary constraints and is intended to
enhance the probability of a favorable outcome on a request for Basic Life
Support. The budget constraints are typically defined as capital outlay for
facilities that are located within 1.5 miles from a given location and sufficient
operational funds to staff the facilities.
9, All portions of the buildings located on this project must be within 150' of a paved
surface as measured around the perimeter of the building.
10. Where a portion of the facility or building hereafter constructed or moved into or
within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire
apparatus access road, as measured by an approved route around the exterior of the
facility or building, on-site fire hydrants and mains shall be provided where required
by the code officiaL For buildings equipped throughout with an approved automatic
sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the
distance requirement shall be 600 feet (183).
a. For Group R-3 and Group U occupancies, the distance requirement shall be
600 feet (183 m).
b. For buildings equipped throughout with an approved automatic sprinkler
system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the
distance requirement shall be 600 feet (183 m).
MERIDIAN PARKS DEPARTMENT
I. Standard for Mitigation of trees: The standard established in the City of Meridian
Landscape Ordinance will be followed.
2. Standard Plan for Protection of Existing Trees during Construction: The standard
established in the City of Meridian Landscape Ordinance will be followed.
CENTRAL DISTRICT HEAL TH DEPARTMENT
1. This proposal can be approved for central sewage & central water after written
approval from appropriate entities is submitted.
2. The Applicant's central sewage and central water plans must be submitted to and
approved by the Idaho Department of Health & Welfare, Division of
Environmental Quality.
3. Run-off is not to create a mosquito breeding problem.
4. Stormwater shall be pretreated through a grassy swale prior to discharge to the
subsurface to prevent impact to groundwater and surface water quality.
5. The Engineers and architects involved with the design of the subject project shall
obtain current best management practices for stormwater disposal and design a
stonnwater management system that prevents groundwater and surface water
degradation.
NAMP A & MERIDIAN IRRIGATION DISTRICT
1. If all stonn drainage is retained on-site there will be no impact on Nampa &
Meridian Irrigation District and no further review will be required. If any surface
drainage leaves the site, the Nampa & Meridian Irrigation District requires that a
Land Use Change Application is filed for review prior to final platting. Please
contact Donna Moore at 466-7861 for further information.
2. All laterals and waste ways must be protected.
3. The developer must comply with Idaho Code 31-3805. It is recommended that
irrigation water be made available to all developments within the Nampa &
Meridian Irrigation District.
ADA COUNTY HIGHWAY DISTRICT
Site Specific Conditions of Approval
1. Dedicate 48-feet of right-of-way from the centerline of Eagle Road abutting the
parcel by means of a warranty deed, The right-of-way purchase and sale
agreement and deed must be completed and signed by the applicant prior to
scheduling the final plat for signature by the ACHD Commission or prior to
issuance of a building permit (or other required pennits), whichever occurs first.
Allow up to 30 business days to process the right-of-way dedication after receipt
of all requested material. The owner will be paid the fair market value of the
right-of-way dedicated which is an addition to existing ACHD right-of-way.
2. Construct a 5-foot wide detached sidewalk on Eagle Road abutting the site located
a minimum of 41-feet from the centerline of the roadway.
3. Construct a southbound left turn lane on Eagle Road at the intersection with
Kingsbridge Drive, as recommended by the Traffic Impact Study. Provide a
minimum of 1 OO-feet of storage with shadow tapers for both the approach and
departure directions
4. Construct a northbound right-turn lane at the sight approach intersection with
Eagle Road, as recommended by the submitted Traffic Impact Study.
5. Construct Kingsbridge Drive as a residential collector from Eagle Road to the
easternmost property line. This roadway shall be a 36-foot street section with
vertical curb, gutter, and 5-foot concrete sidewalks within 50-feet (minimum) of
light-of-way. Provide an easement to the District for any portion of the sidewalk
that is outside of the public right-of-way. Stripe Kingsbridge Drive at the
intersection with Eagle Road, to accommodate simultaneous left and right turn
movements onto Eagle Road.
6. Construct the internal local roadways as 36-foot street sections within 50-feet of
right-of-way with rolled curb, gutter and 5-foot concrete sidewalks. If the
sidewalk meanders outside of the right-of-way, the applicant should provide the
District with an easement for the sidewalk.
7. Extend Dartmoor Drive into the site as proposed. There shall only be one street
connection to the existing Dartmoor Drive from the new subdivision, as proposed
on the revised layout (See attachment #5).
8. Any landscape islands or medians shall be owned and maintained by the
homeowner's association. Notes of this are required on the final plat.
9. Construct Kingsbridge Drive a stub street to the east property line, as proposed,
approximately 440-feet north of the Ten Mile Lateral, to serve the adjacent 9.0
acre parcel. Install a sign at the tenninus of the roadway stating that, rTHIS
ROAD WILL BE EXTENDED IN THE FUTURE,"
10. Construct Ivyhridge Way as a stub street to the north property line approximately
130-feet east of the west property line. Install a sign at the tenninus of the stub
street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE."
11. Construct Stockenham Way as a stub street to the north property line
approximately 180-feet west of the east property line. Install a sign at the
terminus of the stub street stating that, rTHIS ROAD WILL BE EXTENDED IN
THE FUTURE."
12. Provide an easement across the landscape lot OR public right-of-way frontage for
the existing home on Lot 14, Block 2. When the property with the existing home
re-develops (approximately 2.75-acres), it will be required to extend Kingsbridge
Drive through the site as a stub street to the east property line.
13. Other than the access that is specifically approved with this application, direct lot
access to Eagle Road is prohibited and shall be noted on the final plat.
14. Comply with all Standard Conditions of ApprovaL
Standard Conditions of Approval
1. Any existing irrigation facilities shall be relocated outside of the right-of-way.
2. All utility relocation costs associated with improving street frontages abutting the
site shall be borne by the developer.
3, Replace any existing damaged curb, gutter and sidewalk and any that may be
damaged during the construction of the proposed development. Contact
Construction Services at 387-6280 (with file number) for details.
4. Utility street cuts in pavement less than five years old are not allowed unless
approved in writing by the District. Contact the District's Utility Coordinator at
387-6258 (with file numbers) for details.
5. All design and construction shall be in accordance with the Ada County Highway
District Policy Manual, ISPWC Standards and approved supplements,
Construction Services procedures and all applicable ACHD Ordinances unless
specifically waived herein. An engineer registered in the State ofIdaho shall
prepare and certify all improvement plans.
6. The applicant shall submit revised plans for staff approval, prior to issuance of
building pennit (or other required pennits), which incorporates any required
design changes.
7. Construction, use and property development shall be in confonnance with all
applicable requirements of the Ada County Highway District prior to District
approval for occupancy.
8. Payment of applicable road impact fees are required prior to building construction
in accordance with Ordinance #200, also known as Ada County Highway District
Road Impact Fee Ordinance.
9. It is the responsibility of the applicant to verify all existing utilities within the
right-of-way. The applicant at no cost to ACHD shall repair existing utilities
damaged by the applicant. The applicant shall be required to call DIGLINE (1-
800-342-1585) at least two full business days prior to breaking ground within
ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-
6190 in the event any ACHD conduits (spare or filled) are compromised during
any phase of construction.
10. No change in the terms and conditions of this approval shall be valid unless they
are in writing and signed by the applicant or the applicant's authorized
representative and an authorized representative of the Ada County Highway
District. The burden shall be upon the applicant to obtain written confirmation of
any change from the Ada County Highway District.
11. Any change by the applicant in the planned use of the property which is the
subject of this application, shaH require the applicant to comply with all rules,
regulations, ordinances, plans, or other regulatory and legal restrictions in force at
the time the applicant or its successors in interest advises the Highway District of
its intent to change the planned use of the subject property unless a
waiver/variance of said requirements or other legal relief is granted pursuant to
the law in effect at the time the change in use is sought.
EXHIBIT G
Kingsbridge Subdivision
AZ-05-003
Zoning Amendment Findings
According to Ordinance 11-15-11, General Standards Applicable to Zoning
Amendments, both the P&Z Commission and Council are required "to review the
particular facts and circumstances of each proposed zoning amendment in terms of the
following standards and shall find adequate evidence answering the following questions
about the proposed zoning amendment."
The following is the list of standards found in 11-15-11 and analysis of the facts and
circumstances:
A. Will the new zoning be harmonious with and in accordance with the
Comprehensive Plan and, if not, has there been an application for a
Comprehensive Plan amendment;
In Chapter VII of the Comprehensive Plan, 'medium density' is defined as areas
including single-family homes at densities of three to eight dwelling units per
acre; 'low density' consist of single-family homes at densities of three dwelling
units or less per acre. City Council finds that the requested zoning designation, R-
3, is hannonious with and in accordance with the 2002 Comprehensive Plan and
Future Land Use Map, which designates the land to be "Low Density Residential"
north of the Ten Mile Feeder, and "Medium Density Residential" adjacent to
Eagle Road. The 1.69 dwelling units per acre proposed with the preliminary plat
is consistent with previous Commission and Council actions and generally
confonns to the goals, objectives, and action items contained in the
Comprehensive Plan for this area. In addition, in the applicant's cover letter
(dated January 14, 2005) several Comprehensive Plan policies are listed, all of
which support the annexation and proposed residential use of the property.
B. Is the area included in the zoning amendment intended to be rezoned in the
future;
Concurrent with the mmexation and zoning application, the applicant has
submitted a preliminary plat and conditional use permit proposing single-family
lots on the subject site (PP-05-004 & CUP-05-004). City Council does not
anticipate that the applicant plans to rezone the subject property in the future if the
accompanying CUP/PD and PP applications are approved.
C. Is the area included in the zoning amendment intended to be developed in the
fashion that would be allowed under the new zoning -for example, a
residential area turning into a commercial area by means of conditional use
permits;
City Council finds that the proposed development would be allowed within the
requested R-3 zone, (if the accompanying Conditional Use Permit for a Planned
Development is also approved).
D. Has there been a change in the area or adjacent areas which may dictate that
the area should be rezoned. For example, have the streets been widened, new
railroad access been developed or planned or adjacent area being developed
in a fashion similar to the proposed rezone area;
There have been no recent street improvements in the area. However, the
intersection of Eagle Road and Victory Road is within ACHD's Five Year Work
Program for reconstruction in 2007. Eagle Road is currently in the ACHD CIP
(20-year plan) for road widening to 3-1anes,
If the Commission and Council approve the requested annexation application, this
will be the first property in Section 28, Township 3 North, Range 1 East to be
annexed into the corporate limits of the City of Meridian. The subject property is
currently surrounded by one to five-acre parcels-rural-type density. However,
just across Eagle Road from the subject site Tuscany Lakes Subdivision was
approved for development at 2.4 gross dwelling units per acre (sewer and water
service lines were brought down Eagle Road, directly adjacent to the northwest
comer of the subject property). The proposed zoning and subsequent residential
density, 1.69 dwelling units per acre, is lower than Tuscany Lakes but
considerably denser than the surrounding county parcels.
City Council finds that the requested zoning and proposed density is within the
anticipated range for a lower density urban project. Further, based on the
Comprehensive Plan, City Council believes that some of the existing large county
parcels in the area will redevelop with similar densities in the near future.
E. Will the proposed uses be designed, constructed, operated and maintained to
be harmonious and appropriate in appearance with the existing or intended
character of the general vicinity and that such use will not change the
essential character of the same area;
The applicant has submitted four (4) front elevations for the proposed dwelling
units. City Council believes that the design of the dwelling units will be
compatible with the adjoining uses, if the buildings are constructed as shown on
the submitted elevations. Even though the proposed and existing uses are the
same, residential, City Council finds that the proposed density of the residential
use will change the existing character of the area, which is largely rural. However,
the proposed development is generally harmonious with the intended character
envisioned by the Comprehensive Plan and previous Commission and Council
action on this site. City Council does not find that the proposed zoning/uses will
adversely change the essential character of area,
City staff has received several calls, e-mails and letters from adjacent property
owners concerned about the subject development, the Commission and Council
have consider the adjacent property owners concerns and appropriate measures to
address their concerns.
F. Will the proposed uses not be hazardous or disturbing to existing or future
neighboring uses;
The Commission and Council should rely on public testimony (oral and written)
to determine whether or not the proposed use will be disturbing or hazardous to
the existing or future neighboring uses. City Council does not anticipate that the
proposed use will be disturbing to future or existing neighbors, as long as
landscaping, fencing and other recommended conditions are exercised. Further,
City Council does not anticipate that the proposed residential use will be
hazardous as long as the conditions outlined in this report are complied with and
construction traffic and house construction is conducted in a manner consistent
with City Code and the conditions of this report.
G. Will the area be served adequately by essential public facilities and services
such as highways, streets, police and fire protection, drainage structures,
refuse disposal, water, sewer or that the person responsible for the
establishment of proposed zoning amendment shall be able to provide
adequately any of such services;
The applicant will be responsible for the extension of utilities to and through this
proposed development. Sizing and routing shall be coordinated with the Public
Works Department.
The applicant and/or future property owners will be required to pay park and
highway impact fees.
On October 6, 2004, ACHD approved the previous Kingsbridge development
with site-specific and standard conditions. The applicant should comply with all
amended requirements of the ACHD for the revised application. Please review the
ACHD report for additional information regarding this finding.
On February 11, 2005, a joint agency/department comments meeting was held
with representatives of key service providers to this property. Based on the joint
agency/department meeting and other comments received from
agencies/departments, City Council finds that the public services listed above can
be made available to accommodate the proposed development. The Commission
and Council reference any written and/or verbal testimony submitted by any
public service provider, regarding their ability to adequately service this project.
NOTE: Sanitary Services Company will not use Zaldia Lane (private) to pick up
trash for the proposed Lot 14, Block 2. Therefore, trash cans for Lot 14, Block 2,
should be pulled to the curb of Kingsbridge Drive.
H. Will not create excessive additional requirements at public cost for public
facilities and services and will not be detrimental to the economic welfare of
the community;
If approved, the developer will finance the extension of sewer, water, utilities,
pressurized irrigation, and local street infrastructure to serve the project. The
primary public costs to serve the future residents will be fire and police services.
City Council finds that there will not be excessive additional requirements at
public cost and that the annexation and zoning will not be detrimental to the
community's economic welfare.
I. Will the proposed uses not involve uses, activities, processes, materials,
equipment and conditions of operation that will be detrimental to any
persons, property or the general welfare by reason of excessive production of
traffic, noise, smoke, fumes, glare or odors;
According to the amended Traffic Impact Study (TIS) prepared by Dobie
Engineering, Inc., the proposed project is anticipated to generate 1,235 vehicle
trips per day. Of that traffic, 300 additional vehicle trips per day are anticipated on
the existing Dartmoor Drive in Dartmoor Subdivision, The previous TIS
anticipated 800 additional vehicle trips per day on Dartmoor Drive, Based on the
revised plat and TIS, substantially fewer vehicles will use Dartmoor Drive as
access to/from the proposed development. City Council recognizes that traffic and
noise will increase with the approval of this subdivision; however, City Council
does not believe that the amount generated will be detrimental to the general
welfare of the public, City Council does not anticipate the proposed annexation
and subsequent uses will create excessive noise, smoke, fumes, glare, traffic (see
Finding "J" below), or odors. To lessen the impact of this development on the
existing residences in Dartmoor Subdivision, City Council recommends that
construction traffic be prohibited from utilizing Dartmoor Drive or the ditch
rider's access road to the Ten Mile Feeder. City Council finds that the proposed
residential zoning/uses will not be detrimental to people, property or the general
welfare of the area.
J. Will the area have vehicular approaches to the property which shall be so
designed as not to create an interference with traffic on surrounding public
streets;
The applicant is proposing to construct one new public street entrance into the site
from Eagle Road (Kingsbridge Drive), The applicant is also proposing to extend a
stub street (Dartmoor Drive) into the site that was approved with the Dartmoor
Subdivision. Dartmoor Drive currently has 32-feet of pavement and no curb,
gutter, or sidewalk. Dartmoor Drive is currently not striped for non-vehicular
traffic. As mentioned in the above finding, the extension of Dartmoor Drive will
cause traffic volumes on the existing portion of the street to increase. However, if
the extension of Dartmoor Drive is constructed as approved by ACHD, City
Council does not believe that the subdivision will create interference with traffic
on the existing public street. If all proposed vehicular approaches (streets) are
approved and accepted by ACHD, City Council does not believe that the
subdivision will create interference with traffic on the surrounding public streets.
Please review the ACHD report for this project for additional information
regarding this finding.
K. Will not result in the destruction, loss or damage of a natural or scenic
feature of major importance; and
There are several mature trees on this property. Any existing trees larger than 4"
caliper that are removed should be mitigated for, per the Landscape Ordinance. If
the on-site trees are protected and mitigated for, as required by the Meridian Parks
Department, City Council finds that the proposed development will not result in
the destruction, loss or damage of any natural feature(s) of major importance.
L. Is the proposed zoning amendment in the best interest of the City of
Meridian. (Ord. 592, 11-17-1992)?
The legal description submitted with the application, prepared by FOX Land
Surveys, Inc., shows that the property is contiguous to the existing corporate
boundary of the City of Meridian. City Council finds that all essential services are
available or will be provided by the developer to the subject property and will not
require unreasonable expenditure of public funds. The applicant is proposing to
develop the land in substantial compliance with the City's Comprehensive Plan.
City Council finds that this is a logical expansion of the City limits. In accordance
with the findings listed above, City Council finds that the annexationJzoninQ: of
this orooertv would be in the best interest of the Citv.
EXHIBIT H
Kingsbridge Subdivision
PP-05-004
Preliminary Plat Findings
Sections 12-3-3 1.2 and 12-3-5 D read as follows: "In detennining the acceptance of a
proposed subdivision, the CommissionJCouncil shall consider the objectives ofthis title
and at least the following:
A. The conformance of the subdivision with the Comprehensive Development
Plan;
City Council finds that the subdivision appears to be in general conformance with
the Comprehensive Plan. See Zoning Amendment Finding "A",
B. The availability of public services to accommodate the proposed
development;
City Council finds that public services can be made available to accommodate the
proposed development. See Zoning Amendment Findings "0" and "H" for more
details.
c. The continuity of the proposed development with the capital improvement
program;
Because the developer is installing sewer, water, and utilities for the development
at their cost, City Council finds that the subdivision will not require the
expenditure of capital improvement funds.
D. The public rwancial capability of supporting services for the proposed
development;
See Zoning Amendment Finding "H" and the Agency Comments and Conditions
for more detail.
E. The other health, safety or environmental problems that may be brought to
the Commission's attention.
City Council is not aware of any health, safety or environmental problems
associated with the development of this subdivision. ACHD considers road safety
issues in their analysis.
EXHIBIT I
Kingsbridge Subdivision
CUP-OS-004
CUP/PD Findings
The Commission and Council shall review the particular facts and circumstances of
each proposed conditional use in terms of the following and may approve a
conditional use permit if they shall Imd evidence presented at the hearing(s) is
adequate to establish (11-17-3):
A. That the site is large enough to accommodate the proposed use and all yards,
open spaces, parking, landscaping and other features as may be required by
this ordinance;
As part of the Planned Development (PD) the applicant is requesting relief from
the standard street frontage requirement of the R-3 zone, and the maximum block
length required by Meridian City Code. See Special Consideration #1 for detailed
analysis.
City Council finds that the subject property is large enough to accommodate the
requested use and all other required features. Although the site is large enough to
accommodate all of the features required by ordinance, the applicant has asked,
through the Planned Development, to modify the specific development standards
listed above (frontage and block length). All residential lots are of adequate size
and shape to accommodate homes that would comply with the proposed bulk and
dimensional standards.
B. That the proposed use and development plan will be harmonious with the
Meridian Comprehensive Plan and in accordance with the requirements of
this Ordinance;
The current Comprehensive Plan Land Use Map designates the property as
Medium and Low Density Residential. As noted in the annexation analysis, City
Council finds that the development appears to be in general conformance with the
Comprehensive Plan. See Zoning Amendment Finding "A".
C. That the design, construction, operation, and maintenance will be compatible
with other uses in the general neighborhood and with the existing or
intended character of the general vicinity and that such use will not adversely
change the essential character of the same area;
See Zoning Amendment Finding "E".
D. That the proposed use, if it complies with aU conditions of the approval
imposed, will not adversely affect other property in the vicinity;
City Council finds that if all conditions are complied with, this development
should not adversely affect other property in the vicinity. See Findings "F", "R",
"1", and "J" in the Zoning Amendment analysis.
E. That the proposed use will be served adequately by essential public facilities
and services such as highways, street, police, and fire protection, drainage
structures, refuse disposal, water, sewer or that the person responsible for
the establishment of proposed conditional use shaU be able to provide
adequately any such services;
Please see Zoning Amendment Findings "G" and "H" Agency Comments and
Conditions, and any comments that may be submitted to the City Clerk regarding
this project.
F. That the proposed use will not create excessive additional requirements at
public cost for public facilities and services and will not be detrimental to the
economic welfare of the community;
See Zoning Amendment Finding "H".
G. That the proposed use will not involve activities or processes, materials,
equipment, and conditions of operation that will be detrimental to any
persons, property, or general welfare by reason of excessive production of
traffic, noise, smoke, fumes, glare or odors;
See Zoning Amendment Finding "I".
H. That the proposed use will have vehicular approaches to the property which
shall be so designed as not to create an interference with traffic on
surrounding public streets;
See Zoning Amendment Finding "J".
I. That the proposed use will not result in the destruction, loss or damage of a
natural, scenic or historic feature considered to be of major importance.
See Zoning Amendment Finding "K".
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW AND
DECISION & ORDER
In the Matter of a Request for Annexation and Zoning of 76.72 Acres from RUT (Ada
County) to R-3 (Rural Medium Density Residential) AND Preliminary Plat Approval of
One-Hundred-Thirty (130) Building Lots and Thirty-Four (34) Common Lots AND
Conditional Use Permit Approval for a Residential Planned Development Consisting of
Single-Family Homes with Reduced Street Frontage and Increased Maximum Block
Length, by Vision First, LLC.
Case No(s): AZ-05-003, PP-05-004, CUP-05-004
For the City Council Hearing Date of: April 12, 2005
A. Findings of Fact
1. Hearing Facts
a. A notice of a public hearing was published for two (2) consecutive weeks prior to
the City Council public hearing, the first publication appearing and written notice
mailed to property owners or purchasers of record within three hundred feet (300')
of the external boundaries of the property. The notice of public hearing before the
City Council was posted upon the property under consideration more than one week
before said hearing. All other noticing was done consistent with Idaho Code ~67-
6509.
The matter was duly considered by the City Council at the April 12, 2005, public
hearing(s). The applicant, affected property owners, and government subdivisions
providing services within the planning jurisdiction of the City of Meridian were
given full opportunity to express comments and submit evidence.
b. Written and oral testimony was received on this matter, as reflected in the records
of the City Clerk (for written testimony) and in the official meeting minutes (for
oral testimony).
c. The Planning and Zoning Commission conducted a public hearing and issued a
written recommendation on the subject matter to the City Council.
d. The City Council heard and took oral and written testimony and duly considered the
evidence and the record in this matter.
2. Process Facts
a. There has been compliance with all notice and hearing requirements set forth in
Idaho Code ~67-6509, 6512, and Meridian City Code ~~ 11-15-5 and 11-17-5 as
evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of
Posting filed with the staff report.
CITY OF MERlDJAN FrNDlNGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-05-003 / PP-05-004 / CUP-05-004- P AGE I of 5
3. Application and Property Facts
a. In addition to the application and property facts noted in the staff report and the
Planning & Zoning Recommendation for the subject application(s), it is hereby
verified that the property owner(s) of record at the time of issuance of these
findings are Kingsbridge Properties, LLC, David L. and Kathleen S. Palfreyman,
David A. and Janie Teeter, and Joe-D Acres, Inc.
4. Required Findings per Zoning and Subdivision Ordinance
a. See Exhibits G, H, and I for the findings required for these applications.
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land
Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (LC. ~67-
6503).
2. The Meridian City Council takes judicial notice of its Zoning, Subdivision and
Development Ordinances codified at Titles 11 and 12, Meridian City Code, and all
current zoning maps thereof. The City of Meridian has, by ordinance, established the
Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was
adopted August 6,2002, Resolution No. 02-382 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code
S 11-17-9.
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not
impose expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision, which
shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon
the applicant, the Planning and Zoning Department, the Public Works Department and
any affected party requesting notice.
7. That this approval is subject to the Legal Description in Exhibit A, the Preliminary Plat
dated April 5, 2005 as shown in Exhibit B, the Site Plan dated April 5, 2005 as shown
in Exhibit C, the Annexation and Zoning Comments as shown in Exhibit D, the
Preliminary Plat Site Specific and Standard Conditions as shown in Exhibit E, and the
CUP/PD Site Specific and Standard Conditions as shown in Exhibit F. The conditions
are concluded to be reasonable and the applicant shall meet such requirements as a
condition of approval of the application.
C. Decision and Order
CITY OF MERiDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-05-003 / PP-05-004 / CUP-05-004- PAGE 2 of5
Pursuant to the City Council's authority as provided in Meridian City Code ~ 12-3-5 and
based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby
ordered that:
I. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary
Plat dated April 5, 2005 is hereby conditionally approved;
2. The applicant's Site Plan as evidenced by having submitted the Site Plan dated April
5, 2005 is hereby conditionally approved; and,
3. The Site Specific and Standard Conditions are as shown in Exhibits E and F.
D. Notice of Applicable Time Limits
1. Notice of Eighteen (18) Month Conditional Use Permit Duration
Please take notice that the conditional use permit shall be valid for a maximum period
of eighteen (18) months unless otherwise approved by the council. During this time,
the permit holder must commence the use as permitted in accordance with the
conditions of approval, satisfy the requirements set forth in the conditions of approval,
acquire building permits and commence construction of pennanent footings or
structures on or in the ground. In this context "structures" shall include sewer and
water lines, streets or building construction. The applicant has specified in the
application and to the commission and council a construction schedule and completion
date for the project. If the completion date specified for the project is exceeded, the
conditional use application shall become null and void. However, the applicant may
submit an application for a time extension on the project for city council review. The
application for time extension shall be submitted at least thirty (30) days prior to the
deadline for completion of the project. For projects requiring platting, the final plat
must be recorded within this eighteen (18) month period. For projects with multiple
phases, the eighteen (18) month deadline shall apply to the first phase. In the event that
the development is made in successive contiguous segments or multiple phases, such
phases shall be constructed within successive intervals of one year from the original
date of approval by the counciL If the successi ve phases are not submitted within one
year intervals, the conditional approval of the future phases shall be null and void.
(MCC 11-17-4.B.)
2. Notice of Twelve (12) Month Preliminary Plat Duration
Please take notice that after the date of approval of the preliminary plat, the owner or
developer shall have one year within which to file the request for approval of the final
plat. After approval of final plat, the owner or developer shall have one year to begin
construction of the public utilities and one year thereafter to complete construction of
those public facilities. (MCC 12-2-4.B & C.)
E. Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may
request a regulatory taking analysis. Such request must be in writing, and must be filed
CITY OF MERlDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NOeS). AZ-05-003 / PP-05-004 / CUP-05-004- PAGE 3 of 5
with the City Clerk not more than twenty-eight (28) days after the final decision
concerning the matter at issue. A request for a regulatory takings analysis will toll the
time period within which a Petition for Judicial Review may be filed.
2. Please take notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code S 67-6521 an affected person being a person who has
an interest in real property which may be adversely affected by the issuance or denial of
the conditional use permit approval may within twenty-eight (28) days after the date of
this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho
Code.
Preliminary Plat Site Specific and Standard Conditions
CUP/PD Site Specific and Standard Conditions
Zoning Amendment Findings
Preliminary Plat Findings
CUP/PD Findings
By action of the City Council at its regular meeting held on the
t'Y\(JJj ,2005.
F. Exhibits
Exhibit A:
Exhibit B:
Exhibit C:
Exhibit D:
Exhibit E:
Exhibit F:
Exhibit G:
Exhibit H:
Exhibit I:
Legal Description
Approved Preliminary Plat (with conditions)
Approved Site Plan (with conditions)
Annexation and Zoning Comments
3 Y-u\.-
day of
COUNCIL MEMBER SHAUN WARDLE
VOTED~
COUNCIL MEMBER CHRISTINE DONNELL
VOTED--fLL-
COUNCIL MEMBER CHARLIE ROUNTREE
VOTED~
COUNCIL MEMBER KEITH BIRD
VOTED~
MAYOR TAMMY de WEERD
(TIE BREAKER)
VOTED--===-
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-05-003 / PP-05-004 / CUP-05-004- PAGE 4 of 5
,,~
and City Attomey.
By:J().A 01 h I\Q 1V'--
Ity Clerk'1"s Office
Dated: S ~ 1 tJ -0<;
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NOeS). AZ-05-003! PP-05-004 ! CUP-05-004~ PAGE 5 of5
EXHIBIT A
Kingsbridge Subdivision
AZ-05-003
Legal Description (3 pages)
FO)! Laul1! e:1.
Inc:l
469G OYerl~nd Rd, STE 162 .l Boise Idaho _\ 33705 .l 208-342-7957.\ 208-342-7437 FAX
PROPOSED KINGSBRIDGE SUBDIVISION
LOT 11, BLOCK 2 OF DARTMOOR SUBDIVISION WITHIN A PORTION OF THE SOUTH Yo OF THE
NORTHWEST %, AND, THE NORTH 'I. OF THE NORTHWEST % OF THE SOUTHWEST %, SECTION
28, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, AOA COUNTY, IDAHO
lot 11, Block 2 of Dartmoor Subdivision within a Portion of The South ~ of the
Northwest 14, and, the North Yo of the Northwest 14 of the Southwest Yo, SectJon 28,
Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly
described as follows:
Beginning at a found Brass Cap Monument marking the Northwest Corner of SectIon 28,
TownShip 3 North, Range 1 East, Boise Meridian, from which a found Brass Cap
Monument marking the 14 Corner common to Sections 21 and 28 bears South 89036'03"
East a distance of 2,657,34 feet,
thence along the boundary common 10 Sections 28 and 29 of said Township and Range,
South 00027'43" West, a distance of 2.641 ,93 feel to a found 5/8" rebar with no cap, set
plastic cap stamped 'FlSI PlS 7612", marking the Y. corner common to Sections 28 and
29 of said Township and Range, the TRUE POINT OF BEGINNING,
thence along the East-West center line of Section 28, South 89D23'38" East, a distance of
45.00 feet to a set 5/8" rebar with plastic cap stamped "FlSI PlS 7612" on the Easterly
right-of-way of Eagle Road, markIng the Southwest corner of Lo111, Block 2 of Darlmoor
Subdivision:
thence along said Easterly right-of-way of Eagle Road and the Westerly boundary of said
l0111, Block 2 of Dartmoor Subdivision, North OOD27'43" East a distance of 60,00 feet to
a set 518" rebar WIth plastic cap stamped "FlSJ PLS 7612" allhe corner common 10 Lot 11
and lot 16 of said Dartmoor Subdivision:
thence along the boundaries of said l0111, Block 2 of Dartmoor Subdivision the following
courses and distances
South 89D23'38' East a dIstance of 62824 feet a point, from which a found y," rebar
wHh plastic cap stamped "DliR PLS 3624" bears North 00025'38" East a distance of 0,63
feet
North 00.25'38" East a distance of 228.03 feel 10 a set 5/S" rebar with plastic cap
stamped "FlSJ PLS 7612".
Norlh 12.21 '3S" East a distance of 201.79 feet to the southwest rrght-of-way of east
Dartmoor Drive;
South 89.25'57" East a dIstance of 81.12 feet to lhe northeast right-ot.way of East
Oartmoor Drive;
North 46"52'10" East a distance of 164,01 feel to a set 5/B" rebar with piastre cap
stamped "FLSI PLS 7612",
North 00030'11" East a distance of 723.68 feet to the Northwest corner of said Lot
11, Block 2 of Dartmoor SubdiVIsion, from which a found 'IS" rabar with plashc cap stamped
"DHR PLS 3624" bears South 00.30'11" Wesl a distance of 0,44 feet;
thence along the Northerly boundary of said Lot11, Block 2 of Dartmoor SubdiVision and
the North 1/16!h line at Section 28, South 89030'16" East a distance of 1,741,56 feet 10 the
Northeast corner of said Lot11 and the Center-North 1l16'h corner of Section 28, marked
by a seI5/8" rabar with plashc cap stamped "FLSI PLS 7612";
thence along Ihe Easterly boundary of said Lot11, Block 2 of Dartmoor SubdiVision and
the North-South cenler line of Sed ion 28, South 00.29'23" West a distance of 1,325-46
feet to a found 1 inch Iron Pin with no cap, set aluminum cap stamped "FLSI PLS 7612"
markIng the Southeast corner of said Lot11 and the Center of Secllon 28;
thence along the Southerly boundary of said Lot ii, the East-West center line of Section
28, and the Northerly boundary of Kunz Hollow Subdivision, North 89025'12" West, a
distance of 1,328, 13 feet to a found 5/8" rabar with plastic cap stamped "LS 2723" marking
the Cenler-West 1/161h corner of Section 28 and the Northwest corner of Kunz Hollow
SubdiVIsion.
Ihence along the Wesl1 /16th line of Seclion 28 and the Westerly boundary of Kunz Hollow
SubdiviSIon, Soulh 00.33'59" West, a distance of 661.38 feet to a found 5/8" rabar with
plastic cap stamped "EHM 3260" marking the Southwest comer thereof and the ,Northeast
corner of Zaldren Zerua Subdivision;
thence along the Northerly boundary of Zaldien Zerua SubdiVISion and the Westerly
extensIon thereof, North 89021'45" Wesl a distance of 1,32854 feet a point on the
Westerly boundary of Section 28 and the center line of Soulh Eagle Road, marked by a set
5/8" rebar with plastic cap stamped "FlSr PLS 7612";
thence along said Westerly boundary of Section 28 and Ihe canler line of South Eagle
Road North 00"37'13" Easl, a distance of 660.65 feet to the TRUE POINT OF
BEGlNNING,
Containing 3,341,734 square feel, 76.716 acres. more or less
Subjeclto existing easements and rights-of-way as any may exist, of record or not of
record
The Basis of Bearings for this description is between the found Brass Cap Monument
markmg the Northwest Corner of Section 28, Township 3 North, Range 1 East Boise
Meridian, and Ihe found Brass Cap Monument marking the Y. Corner common to Sections
21 and 28 which bears South 89036'03" East a distance of 2,657.34 feel
Timothy J. Fox. PLS 7612 4/;;E~ffi~;>j
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EXHIBIT B
Kingsbridge Subdivision
PP-05-004
Approved Preliminary Plat
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EXHIBIT C
Kingsbridge Subdivision
CUP-05-004
Approved Site Plan (2 pages)
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KINGSBRIDGE SUBDIVISION
MERIDIAN. IDAHO
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MERIDIAN. IDAHO
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EXHIBIT D
Kingsbridge Subdivision
AZ-05-003
Annexation and Zoning Comments
The applicant has made the following commitments to be included as conditions of a
Development Agreement (DA). A development agreement will be required as part of
annexation of this property. Prior to the annexation ordinance approval, a DA shall be
entered into between the City of Meridian, the property owner(s) (at the time of
annexation ordinance adoption), and the developer. The applicant shall contact the City
Attorney, Bill Nary, at 888-4433 to initiate this process. The DA shall incorporate the
following:
o That fencinfl on the north side of Lot 9. Block 1. adioininfl Dartmoor
Subdivision. shall be installed prior to issuance of the first buildinfl permit on
the subiect proDertv:
o That the applicant shall impose, in the CCR's for Kingsbridge Subdivision, a
minimum 25-foot rear yard setback on all perimeter lots;
o That the applicant shall impose a single story restriction on specific perimeter lots
(see Exhibit E), sinflle-storv restricted lots shall have a maximum Deak of 25-
feet and a 10:12 maximum Ditch. with no bonus rooms in the attic space;
That along Zaldia Lane, the applicant shall construct a 5-foot wide landscape
strip, south ofthe 6-foot vinyl privacy fence. An evergreen tree shall be installed
every 20-feet on center within the landscape strip;
o That the applicant shall construct a berm (maximum 4:1 slope) within the
proposed 20-foot wide buffer strip along Zaldia Lane. Said berm shall produce a
total vertical screen of II-feet (6-foot privacy fence on top of a 5-foot berm).
Vertical screen height to be measured from the Zaldia Lane/south property line
established grade;
That the applicant shaH pipe the tail ditch from the Dartmoor irrigation pond
(along Eagle Road, north of Dartmoor Drive) through the site;
o That a concrete sidewalk. curb. and flutter (or. if mutually aflreed bv the
developer and the Dartmoor residents. detached. meanderinfl sidewalks
separated from the street) extendinfl alon!! both sides of Dartmoor Drive
from the Kin!!sbrid!!e sidewalks at the current end of Dartmoor Drive to
Ea!!le Road. Construction of said sidewalks shall be completed prior to
issuance of the first buildin!! Dermit in the develoDment. (NOTE: Said
imDrovements are subiect to ACHD approval and desi!!n standards):
That the applicant will construct a 3-rail fence alon!! the Dartmoor Drive
fronta!!e for the existin!! homes alonfl Dartmoor Drive that currentlv do not
have fencin!!. In lieu of a 3-rail fence. a white vinvl fence shall be installed on
the south side of Parcel # R1734560100. Said fendn!! shall be completed prior
to issuance of the first buildinfl Dermit in Phase II (second final plat phase) of
the develoDment:
That prior to issuance of the first buildin2 permit in Phase II (second final
plat phase). the applicant shall pipe the tail ditch from the Dartmoor
irri2ation pond (alon2 Ea2le Road. north of Dartmoor Drive) throu2:h the
site and install a head 2:ate on the new inlet to control water flow into the
.I!Q!!ft
To ensure that density chan2:es are not made between preliminarv and fmal
plat approvals. no si2nificant chan2es will be allowed to the plat dated April
5. 2005. except chan2:es reauired bv 2:overnmental a2encies or other minor
chan2:es approved bv 20vernmental a2encies which do no increase density or
daily vehicle trips. Except for minor lot size adiustments between adiacent
perimeter lots. no perimeter lot in the subdivision shall be reduced in size
below the SQuare foota2e shown on the preliminarv plat dated April S. 2005.
All perimeter lots shall remain as sin2:le home residential lots that cannot be
further subdivided or split as part of this subdivision. The preliminarv plat
dated April S. 2005. is herebv included as a condition of approval for
developin2 the subiect property:
That the applicant shall develop a weed control and maintenance plan for the
undeveloped areas of the subdivision:
o That the applicant shall develop a 2radin2: and draina2e plan for the five (5)
lots on the northwest corner of the subdivision: and.
o That the applicant's plans for retention and/or treatment of storm water
prior to leavin2 the site shall be submitted for review and approval of the
Dartmoor HOA President. which shall not be unreasonablv withheld.
EXHIBIT E
Kingsbridge Subdivision
PP-OS-004
Preliminary Plat Site Specific and Standard Conditions
SITE SPECIFIC CONDITIONS (PRELIMINARY PLAT)
1. The 3-page preliminary plat prepared by The Land Group, Inc., dated Allril S.
2005, is approved with the conditions listed herein. All conditions of the
Conditional Use Permit (CUP-05-004) application shall also be considered
conditions of the Preliminary Plat (PP-05-004).
2. Provide a public stub street to the Blackmer Property (Parcel No. R3193250030),
approximately 450-feet east of the west property line (in alignment with
Darlington Way).
3. Provide approximately 100-feet of frontage on Kingsbridge Drive for Lot 14,
Block 2, by incorporating Lot 13, Block 2, into Lot 14, Block 2. Refuse service
for Lot 14, Block 2, shall be from Kingsbridge Drive and not Za1dia Lane. Trash
cans for Lot 14 shall be brought to the curb of Kingsbridge Drive. Any existing
domestic wells and/or septic systems within this project will have to be removed
from their domestic service, per City Ordinance Section 5-7-517, when services
are available from the City of Meridian. Wens may be used for non-domestic
purposes such as landscape irrigation. The applicant shall be responsible for
payment of and the actual physical sanitary sewer and domestic water connection
for the existing house.
4. Revise the following notes on the preliminary plat as follows:
Note 7 shall be revised by adding a second sentence that reads: "Setbacks
shall be measured from the property line or the adjacent sidewalk,
whichever is more restrictive."
Note 12 shall be amended by removing Lot 13, Block 2, from being a
HOA lot, and Lot 29, Block 2, shall be added to the list ofHOA lots.
Note 14 shall be removed (see Condition #3 above).
Add a note stating that the HOA is responsible for keeping Lot 9, Block 1,
and Lot 20, Block 2, free of weeds and debris and is subject to a 60-foot
wide irrigation easement.
5. All irrigation ditches, laterals, and canals (including the Ten Mile Feeder)
intersecting, crossing or lying adjacent and contiguous to the area being
subdivided shall be tiled per MCC 12-4-13. The applicant shall also pipe the tail
ditch beginning at the Dartmoor irrigation pond (along Eagle Road, north of
Dartmoor Drive) through the subject site. Plans will need to be approved by the
appropriate irrigation/drainage district, or lateral users association (ditch owners),
with written approval or non-approval submitted to the Public Works Department.
Iflateral users association approval can not be obtained, plans will be reviewed
and approved by the City Engineer prior to final plat signature.
6. The applicant has indicated that the pressurized irrigation system within this
development will be owned and operated by the homeowners' association.
Underground year-round pressurized irrigation must be provided to all lots within
this development (MCC 12-5-2.N). The City of Meridian requires that pressurized
irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3).
The applicant shall be required to utilize any existing surface or well water for the
primary source. If a surface or well source is not available, a single-point
connection to the culinary water system shall be required. If a single-point
connection is utilized, the developer shall be responsible for the payment of
assessments for the common areas prior to signature on the final plat by the City
Engineer. If the system is to remain private, a draft copy of the pressurized
irrigation system O&M manual must be submitted prior to plan approval.
7. The submitted 4-page landscape plan prepared by The Land Group, Inc., dated 1-
14-05 is approved as submitted, with the following notes/modifications:
· Per MCC 12-13-13-3, any tree over 4" in caliper that is removed from the
property shall be replaced by installing additional trees, being the equivalent
number of caliper inches of trees that were removed. To mitigate for the
existing trees on site, provide additional trees as shown on the landscape plan.
· The applicant shall install vinvl privacv fencim! extendin!! alon!! the north
property lines (includin!! the portion of the north side of Lot 9. Block 1).
and extendin2 alon2 the portion of the south boundarv of Lot 17. Block 2.
Install either S-foot wrou2ht iron or 6-foot vinvl privacy fence on aU other
proiect perimeters. All fences shall taper down to 3 feet maximum within 20
feet of all right-of-way. Fencin2 on the north side of Lot 9. Block 1. shall be
completed prior to issuance of the first buildin!! permit in Kin2Sbrid!!e
Subdivision.
· All micropaths within the proposed subdivision shall be designed in
accordance with MCC 12-13-15 "Micropath Landscaping" and MCC 12-4-3
"Pedestrian Walkways. 11 Micropath fencing shall be constructed per MCC 12-
13-15-9, as proposed.
· Depict a minimum 40-foot wide landscape buffer along Eagle Road (including
a 5-foot wide detached sidewalk), as proposed. Said landscape buffer shall be
located beyond the 48-feet shown as future street right-of-way.
· All areas being counted toward the open space requirement shall be free of
"wet ponds" or other such nuisances. All stormwater detention facilities
incorporated into the required open space are subject to Ordinance 12-13-14
and shall be fully vegetated with grass and trees, as depicted on the submitted
landscape plan.
· Along ZaIdi a Lane, the applicant shall construct a 5-foot wide landscape strip,
south of the 6-foot vinyl privacy fence. An evergreen tree shall be installed
every 20-feeton center within the landscape strip.
· The applicant shall construct a benn (maximum 4:1 slope) within the 20-foot
wide buffer strip along Zaldia Lane. Said berm shall produce a total vertical
screen of II-feet (6-foot privacy fence on top of a 5-foot berm). Vertical
screen height to be measured from the Zaldia Lane/south property line
established grade.
· Lot 1. Block S. shall be landscaped with 2:rass and ever2:reen trees to
complete an improved buffer between the adioinin2: Dartmoor
homeowner and South Merrivale Wav. Landacpine shall be installed
prior to the issuance of the first buildin2: permit in Phase 2 (second final
plat phase).
The approved landscape plan is not to be altered without prior written approval of
the Planning & Zoning Department.
8. Prior to signature of the final plat by the City Engineer, all structures on Lots 1, 2,
and 8, Block 1 shall be removed.
9. All buildable lots within the subdivision, including Lot 18, Block 2, shall be a
minimum of 12,000 square-feet.
10. For all street bulb-outs with landscape islands, paint the curb red and provide
signage "No parking fire lane." All roadways shall have a turning radius of 28-
feet inside and 48-feet outside.
11. Sanitary sewer and water service to this development shall be from extensions of
existing mains that were installed as part ofthe Messina Village Subdivision.
12. Applicant will be responsible to construct the sewer and water mains to and
through this proposed development, thereby making them available to adjacent
properties. Subdivision designer to coordinate main sizing and routing with the
Public Works Department. Applicant shall execute City of Meridian standard
fonn of easements, for any mains or facilities that are required to provide service.
13. In accordance with MCC 12-13-10-8, Applicant shall provide 5-foot detached
sidewalks adjacent to Eagle Road, as proposed. Applicant shall also provide 4-
foot detached sidewalks adjacent to the internal public streets, as proposed.
14. Maintenance of all common area lots shall be the responsibility of the
Kingsbridge Homeowners' Association.
15. Direct lot access to Eagle Road is prohibited. A note shall be placed on the final
plat restricting access to Eagle Road.
16. The followin2: lots shall be restricted to a sin2:le story residence includin2: a
maximum peak of 2S-feet and a 10:12 maximum pitch. with no bonus rooms
in the attic space:
Lots S. 6. 7.8. 14.15.22.31 and 32. Block 2
Lots 3. 4. S. 30 and 31. Block 1
Lots 17 and 18. Block 18
Lots 2. 3. 4 and S. Block 5
Lots 22. 23. 24 and 25. Block 7
A note shall be placed on the [mal plat(s) statine: the heie:ht restriction for the
above-listed lots.
17. Place a note on the face of the final plat statine: that all perimeter lots have a
minimum 2S-foot rear vard setback.
18. South Ivv Brid!!:e Wav shall be redesi!!:ned to terminate in a cul-de-sac and
not connect with Kine:sbrid!!:e Drive from Merrivale Wav (as shown in the
preliminarv olat dated April 5. 2005),
19. The minimum house size for a simde-storv dwelline: shan be 2.000 SQuare feet
and the minimum house size for a two storv home shall be 2.400 SQuare feet.
A note shall be placed on the face of the final olat(s) statin!!: the SQuare
foota!!:e minimums.
GENERAL CONDITIONS (PRELIMINARY PLAT)
1. All grading of the site shall be perfonned in conformance with MCC 11-12-3H.
2. Sidewalks shall be installed within the subdivision and on the perimeter of the
subdivision pursuant to MCC 12-13-10-8.
3. A letter of credit or cash surety in the amount of 110% will be required for all
fencing, landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to
signature on the final plat.
4. A detailed landscape and fencing plan, in compliance with the landscape and
subdivision ordinance and as noted in this report, shall be submitted for the
subdivision with the final plat application.
5. Coordinate fire hydrant placement with the City of Meridian Public Works
Department.
6. One-hundred-watt, high-pressure sodium streetlights will be required at locations
designated by the Public Works Department. All streetlights shall be installed at
subdivider's expense. Typical locations are at street intersections and/or fire
hydrants. Final design locations and quantity are determined after power designs
are completed by Idaho Power Company. The street light contractor shall obtain
design and permit from the Public Works Department prior commencing
installations.
7. Any tree over 4" in caliper that is removed from the property shall be replaced by
installing additional trees, being the equivalent number of caliper inches of trees
that were removed. Required landscaping trees will not be considered as
replacement trees for those trees that have to be mitigated.
8. Submit any up-dated groundwater/soils monitoring data, as collected and
analyzed by a soils scientist, to the Public Works Department for review. Any
drainage areas (detention/retention basins) must be designed to ensure that water
will percolate or discharge with a period of time not to exceed 24-hours for all
storms up to and including a 100-year storm events. Side slopes within drainage
areas shall not exceed 3:1. Any portion of a drainage area not improved with
sod/grass seed (or other approved landscaping) shall not count towards the
required open space area. The project engineer should pay close attention to the
results of field studies determining the groundwater, soil type & and
characteristics during the design and construction phases. The engineer shall be
required to certify that the street centerline elevations are set a minimum of 3-feet
above the highest established normal groundwater elevation. This is to ensure
that the bottom elevation of the crawl spaces of homes is at least I-foot above
groundwater.
9. The applicant shall coordinate mailbox locations with the Meridian Post Office.
10. Any existing domestic wells and/or septic systems within this project will have to
be removed from their domestic service per City Ordinance Section 9-1-4 and
9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation.
11. Compaction test results must be submitted to the Meridian Building Department
for all building pads receiving engineered backfill, where footing would sit atop
fill material.
12. Applicant's engineer will be required to submit a signed, stamped statement
certifying that all street finish centerline elevations are set a minimum of three
feet above the highest established normal groundwater elevation.
13. The applicant shall be required to pay Public Works development plan review,
and construction inspection fees; as determined during the plan review process,
prior to signature on the final plat per Resolution 02-374.
14. Applicant shall be responsible for application and compliance with any Section
404 Pennitting that may be required by the Army Corps of Engineers.
15. Applicant shall be responsible for application and compliance with and NPDES
Permitting that may be required by the Environmental Protection Agency.
16. Staff's failure to cite specific ordinance provisions or tenus of the approved
alll1exationlconditional use does not relieve the applicant of responsibility for
compliance.
17. Preliminary plat approval shall be subject to the expiration provisions set forth in
MCC 12-2-4.
AGENCY COMMENTS AND CONDITIONS
MERIDIAN FIRE DEPARTMENT
1. One and two family dwellings will require a fixe-flow of 1,000 gallons per minute
available for duration of 2 hours to service the entire project. Fire hydrants shall be
placed an average of SOO' apart. International Fire Code Appendix C.
2. Final Approval of the fire hydrant locations shall be by the Meridian Fire
Department.
a. Fire Hydrants shall have the 4 W' outlet face the main street or parking lot
aisle.
b. The Fire hydrant shall not face a street which does not have addresses on
it.
c. Fire hydrant markers shall be provided per Public Works spec.
d. Locations with fire hydrants shall have the curb painted red 10' to each
side of the hydrant location.
e. Fire Hydrants shall be placed on corners when spacing permits.
f. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
g. Fire hydrants shall be placed 18" above finish grade.
3. The phasing plan may require that any roadway greater than ISO-feet in length that
is not provided with an outlet shall be required to have an approved turn around.
4. All entrance and internal roads shall have a turning radius of 28-feet inside and 48-
feet outside radius.
5. For all Fire Lanes (including bulb-outs with landscape islands/"buttons"), paint the
curb red and provide signage "No Parking Fire Lane".
6. Operational fire hydrants and temporary or permanent street signs are required
before combustible construction begins.
7. To increase emergency access to the site a minimum of two points of access will be
required for any portion of the project, which serves more than SO homes. The two
entrances shall be separated by no less than Y2 the diagonal measurement of the
proj ect.
8. The proposed project lies outside the five-minute response zone goal.
Achievement of this goal is subject to budgetary constraints and is intended to
enhance the probability of a favorable outcome on a request for Basic Life
Support. The budget constraints are typically defined as capital outlay for
facilities that are located within 1.5 miles from a given location and sufficient
operational funds to staff the facilities.
9. All portions of the buildings located on this project must be within 150' of a paved
surface as measured around the perimeter of the building.
10. Where a portion of the facility or building hereafter constructed or moved into or
within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire
apparatus access road, as measured by an approved route around the exterior of the
facility or building, on-site fire hydrants and mains shall be provided where required
by the code officiaL For buildings equipped throughout with an approved automatic
sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the
distance requirement shall be 600 feet (183).
a. For Group R-3 and Group U occupancies, the distance requirement shall be
600 feet (183 m).
b. For buildings equipped throughout with an approved automatic sprinkler
system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the
distance requirement shall be 600 feet (183 m).
MERIDIAN PARKS DEPARTMENT
I. Standard for Mitigation of trees: The standard established in the City of Meridian
Landscape Ordinance will be followed.
2. Standard Plan for Protection of Existing Trees during Construction: The standard
established in the City of Meridian Landscape Ordinance will be followed.
CENTRAL DISTRICT HEALTH DEPARTMENT
1. This proposal can be approved for central sewage & central water after written
approval from appropriate entities is submitted.
2. The Applicant's central sewage and central water plans must be submitted to and
approved by the Idaho Department of Health & Welfare, Division of
Environmental Quality.
3. Run-off is not to create a mosquito breeding problem.
4. Stormwater shall be pretreated through a grassy swale prior to discharge to the
subsurface to prevent impact to groundwater and surface water quality.
5. The Engineers and architects involved with the design of the subject project shall
obtain current best management practices for stormwater disposal and design a
storm water management system that prevents groundwater and surface water
degradation.
NAMP A & MERIDIAN IRRIGATION DISTRICT
1. If all storm drainage is retained on-site there will be no impact on Nampa &
Meridian Irrigation District and no further review will be required. If any surface
drainage leaves the site, the Nampa & Meridian Irrigation District requires that a
Land Use Change Application is filed for review prior to final platting. Please
contact Donna Moore at 466-7861 for further infonnation.
2. All laterals and waste ways must be protected.
3. The developer must comply with Idaho Code 31-3805. It is recommended that
irrigation water be made available to all developments within the Nampa &
Meridian Irrigation District.
ADA COUNTY HIGHWAY DISTRICT
Site Specific Conditions of Approval
1. Dedicate 48-feet of right-of-way from the centerline of Eagle Road abutting the
parcel by means of a warranty deed. The right-of-way purchase and sale
agreement and deed must be completed and signed by the applicant prior to
scheduling the final plat for signature by the ACHD Commission or prior to
issuance of a building permit (or other required permits), whichever occurs first.
Allow up to 30 business days to process the right-of-way dedication after receipt
of all requested material. The owner will be paid the fair market value of the
right-of-way dedicated which is an addition to existing ACHD right-of-way.
2. Construct a 5-foot wide detached sidewalk on Eagle Road abutting the site located
a minimum of 41-feet from the centerline of the roadway.
3. Construct a southbound left turn lane on Eagle Road at the intersection with
Kingsbridge Drive, as recommended by the Traffic Impact Study. Provide a
minimum of 100-feet of storage with shadow tapers for both the approach and
departure directions
4. Construct a northbound right-turn lane at the sight approach intersection with
Eagle Road, as recommended by the submitted Traffic Impact Study.
5. Construct Kingsbridge Drive as a residential collector from Eagle Road to the
easternmost property line. This roadway shall be a 36-foot street section with
vertical curb, gutter, and 5-foot concrete sidewalks within 50-feet (minimum) of
right-of-way. Provide an easement to the District for any portion of the sidewalk
that is outside of the public right-of-way. Stripe Kingsbridge Drive at the
intersection with Eagle Road, to accommodate simultaneous left and right turn
movements onto Eagle Road.
6. Construct the intemallocal roadways as 36-foot street sections within 50-feet of
right-of-way with rolled curb, gutter and 5-foot concrete sidewalks. If the
sidewalk meanders outside of the light-of-way, the applicant should provide the
District with an easement for the sidewalk.
7. Extend Dartmoor Drive into the site as proposed. There shall only be one street
connection to the existing Dartmoor Drive from the new subdivision, as proposed
on the revised layout (See attachment #5).
8. Any landscape islands or medians shall be owned and maintained by the
homeowner's association. Notes of this are required on the final plat.
9. Construct Kingsbridge Drive a stub street to the east property line, as proposed,
approximately 440-feet north of the Ten Mile Lateral, to serve the adjacent 9.0
acre parceL Install a sign at the tenninus of the roadway stating that, "THIS
ROAD WILL BE EXTENDED IN THE FUTURE."
10. Construct Ivybridge Way as a stub street to the north property line approximately
130-feet east of the west property line. Install a sign at the terminus ofthe stub
street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE."
11. Construct Stockenham Way as a stub street to the north property line
approximately 180-feet west of the east property line. Install a sign at the
tenninus of the stub street stating that, I1THIS ROAD WILL BE EXTENDED IN
THE FUTURE."
12. Provide an easement across the landscape lot OR public right-of-way frontage for
the existing home on Lot 14, Block 2. When the property with the existing home
re-develops (approximately 2.75-acres), it will be required to extend Kingsbridge
Drive through the site as a stub street to the east property line.
13. Other than the access that is specifically approved with this application, direct lot
access to Eagle Road is prohibited and shall be noted on the final plat.
14. Comply with all Standard Conditions of ApprovaL
Standard Conditions of Approval
1. Any existing irrigation facilities shall be relocated outside of the right-of-way.
2. All utility relocation costs associated with improving street frontages abutting the
site shall be borne by the developer.
3. Replace any existing damaged curb, gutter and sidewalk and any that may be
damaged during the construction of the proposed development. Contact
Construction Services at 387-6280 (with file number) for details.
4. Utility street cuts in pavement less than five years old are not allowed unless
approved in writing by the District. Contact the District's Utility Coordinator at
387-6258 (with file nwnbers) for details.
5. All design and construction shall be in accordance with the Ada County Highway
District Policy Manual, ISPWC Standards and approved supplements,
Construction Services procedures and all applicable ACHD Ordinances unless
specifically waived herein. An engineer registered in the State of Idaho shall
prepare and celtify all improvement plans.
6. The applicant shall submit revised plans for staff approval, prior to issuance of
building permit (or other required permits), which incorporates any required
design changes.
7. Construction, use and property development shall be in conformance with all
applicable requirements of the Ada County Highway District prior to District
approval for occupancy.
8. Payment of applicable road impact fees are required prior to building construction
in accordance with Ordinance #200, also known as Ada County Highway District
Road Impact Fee Ordinance.
9. It is the responsibility of the applicant to verify all existing utilities within the
right-of-way. The applicant at no cost to ACHD shall repair existing utilities
damaged by the applicant. The applicant shall be required to call DIGLINE (1-
800-342-1585) at least two full business days prior to breaking ground within
ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-
6190 in the event any ACHD conduits (spare or filled) are compromised during
any phase of construction.
10. No change in the terms and conditions of this approval shall be valid unless they
are in writing and signed by the applicant or the applicant's authorized
representative and an authorized representative of the Ada County Highway
District. The burden shall be upon the applicant to obtain written confirmation of
any change from the Ada County Highway District.
11. Any change by the applicant in the planned use of the property which is the
subject of this application, shall require the applicant to comply with all rules,
regulations, ordinances, plans, or other regulatory and legal restrictions in force at
the time the applicant or its successors in interest advises the Highway District of
its intent to change the planned use of the subject property unless a
waiver/variance of said requirements or other legal relief is granted pursuant to
the law in effect at the time the change in use is sought.
EXHIBIT F
Kingsbridge Subdivision
CUP-OS-004
CUP/PD Site Specific and Standard Conditions
SITE SPECIFIC CONDITIONS (CONDITIONAL USE PERMIT)
1. The 2-page site plan prepared by The Land Group, Inc., dated April S. 2005, is
approved with the conditions listed herein. All conditions of the Preliminary Plat
application shall also be considered conditions of the Conditional Use Pennit
(CUP-05-004) application.
2. The project shall conform to the R-3 dimensional standards, modified as follows:
· Minimum lot frontage: 60-feet (non-cuI-de sac); 30-feet for cul-de-sac lots
· Minimum lot size: 12,000 square-feet
· Maximum Block Length: Approximately 1,325 feet (per the Preliminary
Plat)
3. The following amenities are required as part of the Planned Development, per the
application: 10% open space, a community park on Lot 10, Block 1, that contains
a swimming pool, a BBQ area with picnic tables and a tot lot, another park (Lot 1,
Block 8) that contains a water feature, benches and a walking path, a landscaped
boulevard corridor with street trees in the 8-foot planter strips between the street
and the detached sidewalk, a walking path along the south side of the Ten Mile
Feeder, a walking path along the north boundary, smaller open space pockets, a
bridge monument, and ornamental street lights. The applicant shall be required to
obtain a Certificate of Zoning Compliance (CZC) from the City prior to
construction of any permanent structures on the proposed park lots.
4. Construction of homes within Kingsbridge Subdivision shall substantially comply
with the four (4) elevations submitted by the applicant. Construction materials
used on the structures shall be approved by the City of Meridian Building
Department and in accordance with the most recent Uniform Building Code.
5. The applicant shall install a sign on Lot 13, Block 1, informing construction
personnel that they must use Kingbridge Drive, not Dartmoor Drive as access to
the site. Further, the applicant shall install a sign on both sides of Kingsbridge
Drive, on Lot 1, Block 2, and Lot 8, Block 1, identifying Kingsbridge Drive as the
only entrance for construction traffic.
AGENCY COMMENTS AND CONDITIONS
MERIDIAN FIRE DEPARTMENT
1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute
available for duration of 2 hours to service the entire project. Fire hydrants shall
be placed an average of 500' apart. International Fire Code Appendix C.
2. Final Approval of the fire hydrant locations shall be by the Melidian Fire
Department.
a. Fire Hydrants shaH have the 4 W' outlet face the main street or parking lot
aisle.
b. The Fire hydrant shall not face a street which does not have addresses on
it.
c. Fire hydrant markers shall be provided per Public Works spec.
d. Locations with fire hydrants shall have the curb painted red 10' to each
side of the hydrant location.
e. Fire Hydrants shall be placed on comers when spacing permits.
f. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
g. Fire hydrants shall be placed 18" above finish grade.
3. The phasing plan may require that any roadway greater than I 50-feet in length that
is not provided with an outlet shall be required to have an approved turn around.
4. All entrance and internal roads shall have a turning radius of 28-feet inside and 48-
feet outside radius.
5. For all Fire Lanes (including bulb-outs with landscape islands/"buttons"), paint the
curb red and provide signage "No Parking Fire Lane".
6. Operational fire hydrants and temporary or permanent street signs are required
before combustible construction begins.
7. To increase emergency access to the site a minimum of two points of access will be
required for any portion of the project, which serves more than 50 homes. The two
entrances shall be separated by no less than 12 the diagonal measurement of the
project.
8. The proposed project lies outside the five-minute response zone goal.
Achievement of this goal is subject to budgetary constraints and is intended to
enhance the probability of a favorable outcome on a request for Basic Life
Support. The budget constraints are typically defined as capital outlay for
facilities that are located within 1.5 miles from a given location and sufficient
operational funds to staff the facilities.
9. All portions of the buildings located on this project must be within 150' of a paved
surface as measured around the perimeter of the building.
10. Where a portion of the facility or building hereafter constructed or moved into or
within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire
apparatus access road, as measured by an approved route around the exterior of the
facility or building, on-site fire hydrants and mains shall be provided where required
by the code official. For buildings equipped throughout with an approved automatic
sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the
distance requirement shall be 600 feet (183).
a. For Group R-3 and Group U occupancies, the distance requirement shall be
600 feet (183 m).
b. For buildings equipped throughout with an approved automatic sprinkler
system installed in accordance with Section 903.3 .1.1 or 903.3 .1.2, the
distance requirement shall be 600 feet (183 m).
MERIDIAN PARKS DEPARTMENT
1. Standard for Mitigation of trees: The standard established in the City of Meridian
Landscape Ordinance will be followed.
2. Standard Plan for Protection of Existing Trees during Construction: The standard
established in the City of Meridian Landscape Ordinance will be followed.
CENTRAL DISTRICT HEALTH DEPARTMENT
1. This proposal can be approved for central sewage & central water after written
approval from appropriate entities is submitted.
2. The Applicant's central sewage and central water plans must be submitted to and
approved by the Idaho Department of Health & Welfare, Division of
Environmental Quality.
3. Run-off is not to create a mosquito breeding problem.
4. Stormwater shall be pretreated through a grassy swale prior to discharge to the
subsurface to prevent impact to groundwater and surface water quality.
5. The Engineers and architects involved with the design of the subject project shall
obtain current best management practices for stonnwater disposal and design a
stormwater management system that prevents groundwater and surface water
degradation.
NAMP A & MERIDIAN IRRIGATION DISTRICT
1. If all storm drainage is retained on-site there will be no impact on Nampa &
Meridian Irrigation District and no further review will be required. If any surface
drainage leaves the site, the Nampa & Meridian Irrigation District requires that a
Land Use Change Application is filed for review prior to final platting. Please
contact Donna Moore at 466-7861 for further information.
2. All laterals and waste ways must be protected.
3. The developer must comply with Idaho Code 31-3805. It is recommended that
irrigation water be made available to all developments within the Nampa &
Meridian Irrigation District.
ADA COUNTY HIGHWAY DISTRICT
Site Specific Conditions of Approval
1. Dedicate 48-feet of right-of-way from the centerline of Eagle Road abutting the
parcel by means of a warranty deed. The right-of-way purchase and sale
agreement and deed must be completed and signed by the applicant prior to
scheduling the final plat for signature by the ACHD Commission or prior to
issuance of a building permit (or other required permits), whichever occurs first.
Allow up to 30 business days to process the right-of-way dedication after receipt
of all requested material. The owner will be paid the fair market value of the
right-of-way dedicated which is an addition to existing ACHD right-of-way.
2. Construct a 5-foot wide detached sidewalk on Eagle Road abutting the site located
a minimum of 41-feet from the centerline of the roadway.
3. Construct a southbound left turn lane on Eagle Road at the intersection with
Kingsbridge Drive, as recommended by the Traffic Impact Study. Provide a
minimum of 100-feet of storage with shadow tapers for both the approach and
departure directions
4. Construct a northbound right-turn lane at the sight approach intersection with
Eagle Road, as recommended by the submitted Traffic Impact Study.
5. Construct Kingsbridge Drive as a residential collector from Eagle Road to the
easternmost property line. This roadway shall be a 36-foot street section with
vertical curb, gutter, and 5-foot concrete sidewalks within 50-feet (minimum) of
right-of-way. Provide an easement to the District for any portion ofthe sidewalk
that is outside of the public right-of-way. Stripe Kingsbridge Drive at the
intersection with Eagle Road, to accommodate simultaneous left and right turn
movements onto Eagle Road.
6. Construct the internal local roadways as 36-foot street sections within 50-feet of
right-of-way with rolled curb, gutter and 5-foot concrete sidewalks. If the
sidewalk meanders outside of the right-of-way, the applicant should provide the
District with an easement for the sidewalk.
7. Extend Dartmoor Drive into the site as proposed. There shall only be one street
connection to the existing Dartmoor Drive from the new subdivision, as proposed
on the revised layout (See attachment #5).
8. Any landscape islands or medians shall be owned and maintained by the
homeowner's association. Notes of this are required on the final plat.
9. Construct Kingsbridge Drive a stub street to the east property line, as proposed,
approximately 440-feet north ofthe Ten Mile Lateral, to serve the adjacent 9.0
acre parcel. Install a sign at the tenninus of the roadway stating that, "THIS
ROAD WILL BE EXTENDED IN THE FUTURE."
10. Construct Ivybridge Way as a stub street to the north property line approximately
130-feet east of the west property line. Install a sign at the terminus ofthe stub
street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE."
11. Construct Stockenham Way as a stub street to the north property line
approximately I80-feet west of the east property line. Install a sign at the
terminus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN
THE FUTURE."
12. Provide an easement across the landscape lot OR public right-of-way frontage for
the existing home on Lot 14, Block 2. When the property with the existing home
re-develops (approximately 2.75-acres), it will be required to extend !(ingsbridge
Drive through the site as a stub street to the east property line.
13. Other than the access that is specifically approved with this application, direct lot
access to Eagle Road is prohibited and shall be noted on the final plat.
14. Comply with all Standard Conditions of Approval.
Standard Conditions of Approval
1. Any existing irrigation facilities shall be relocated outside of the right-of-way.
2. All utility relocation costs associated with improving street frontages abutting the
site shall be borne by the developer.
3. Replace any existing damaged curb, gutter and sidewalk and any that may be
damaged during the construction of the proposed development. Contact
Construction Services at 387-6280 (with file number) for details.
4. Utility street cuts in pavement less than five years old are not allowed unless
approved in writing by the District. Contact the District's Utility Coordinator at
387-6258 (with file numbers) for details.
5. All design and construction shall be in accordance with the Ada County Highway
District Policy Manual, ISPWC Standards and approved supplements,
Construction Services procedures and all applicable ACHD Ordinances unless
specifically waived herein. An engineer registered in the State of Idaho shall
prepare and certify all improvement plans.
6. The applicant shall submit revised plans for staff approval, prior to issuance of
building pennit (or other required permits), which incorporates any required
design changes.
7. Construction, use and property development shall be in confonnance with all
applicable requirements of the Ada County Highway District prior to District
approval for occupancy.
8. Payment of applicable road impact fees are required prior to building construction
in accordance with Ordinance #200, also known as Ada County Highway District
Road Impact Fee Ordinance.
9. It is the responsibility of the applicant to verify all existing utilities within the
right-of-way. The applicant at no cost to ACHD shall repair existing utilities
damaged by the applicant. The applicant shall be required to call DIGLINE (1-
800-342-1585) at least two full business days prior to breaking ground within
ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-
6190 in the event any ACHD conduits (spare or filled) are compromised during
any phase of construction.
10. No change in the terms and conditions of this approval shall be valid unless they
are in writing and signed by the applicant or the applicant's authorized
representative and an authorized representative of the Ada County Highway
District. The burden shall be upon the applicant to obtain written confinnation of
any change from the Ada County Highway District.
11. Any change by the applicant in the planned use of the property which is the
subject ofthis application, shall require the applicant to comply with all rules,
regulations, ordinances, plans, or other regulatory and legal restrictions in force at
the time the applicant or its successors in interest advises the Highway District of
its intent to change the planned use ofthe subject property unless a
waiver/variance of said requirements or other legal reliefis granted pursuant to
the law in effect at the time the change in use is sought.
EXHIBIT G
Kingsbridge Subdivision
AZ-OS-003
Zoning Amendment Findings
According to Ordinance 11-15- I 1, General Standards Applicable to Zoning
Amendments, both the P&Z Commission and Council are required "to review the
particular facts and circumstances of each proposed zoning amendment in terms of the
following standards and shall find adequate evidence answering the following questions
about the proposed zoning amendment."
The following is the list of standards found in 11-15-11 and analysis of the facts and
circumstances:
A. Will the new zoning be harmonious with and in accordance with the
Comprehensive Plan and, if not, has there been an application for a
Comprehensive Plan amendment;
In Chapter VII of the Comprehensive Plan, 'medium density' is defined as areas
including single-family homes at densities of three to eight dwelling units per
acre; 'low density' consist of single-family homes at densities of three dwelling
units or less per acre. City Council finds that the requested zoning designation, R-
3, is harmonious with and in accordance with the 2002 Comprehensive Plan and
Future Land Use Map, which designates the land to be "Low Density Residential"
north of the Ten Mile Feeder, and "Medium Density Residential" adjacent to
Eagle Road. The 1.69 dwelling units per acre proposed with the preliminary plat
is consistent with previous Commission and Council actions and generally
conforms to the goals, objectives, and action items contained in the
Comprehensive Plan for this area. In addition, in the applicant's cover letter
(dated January 14, 2005) several Comprehensive Plan policies are listed, all of
which support the annexation and proposed residential use ofthe property.
B. Is the area included in the zoning amendment intended to be rezoned in the
future;
Concurrent with the annexation and zoning application, the applicant has
submitted a preliminary plat and conditional use pennit proposing single-family
lots on the subject site (PP-05-004 & CUP-05-004). City Council does not
anticipate that the applicant plans to rezone the subject property in the future if the
accompanying CUP/PD and PP applications are approved.
C. Is the area included in the zoning amendment intended to be developed in the
fashion that would be allowed under the new zoning -for example, a
residential area turning into a commercial area by means of conditional use
permits;
City Council finds that the proposed development would be allowed within the
requested R-3 zone, (if the accompanying Conditional Use Pennit for a Planned
Development is also approved).
D. Has there been a change in the area or adjacent areas which may dictate that
the area should be rezoned. For example, have the streets been widened, new
railroad access been developed or planned or adjacent area being developed
in a fashion similar to the proposed rezone area;
There have been no recent street improvements in the area. However, the
intersection of Eagle Road and Victory Road is within ACHD's Five Year Work
Program for reconstruction in 2007. Eagle Road is currently in the ACHD CIP
(20-year plan) for road widening to 3-lanes.
If the Commission and Council approve the requested annexation application, this
will be the first property in Section 28, Township 3 North, Range 1 East to be
annexed into the corporate limits of the City of Meridian. The subject property is
currently surrounded by one to five-acre parcels-rural-type density. However,
just across Eagle Road from the subject site Tuscany Lakes Subdivision was
approved for development at 2.4 gross dwelling units per acre (sewer and water
service lines were brought down Eagle Road, directly adjacent to the northwest
corner of the subject property). The proposed zoning and subsequent residential
density, 1.69 dwelling units per acre, is lower than Tuscany Lakes but
considerably denser than the surrounding county parcels.
City Council finds that the requested zoning and proposed density is within the
anticipated range for a lower density urban project. Further, based on the
Comprehensive Plan, City Council believes that some of the existing large county
parcels in the area will redevelop with similar densities in the near future.
E. Will the proposed uses be designed, constructed, operated and maintained to
be harmonious and appropriate in appearance with the existing or intended
character of the general vicinity and that such use will not change the
essential character of the same area;
The applicant has submitted four (4) front elevations for the proposed dwelling
units. City Council believes that the design of the dwelling units will be
compatible with the adjoining uses, if the buildings are constructed as shown on
the submitted elevations. Even though the proposed and existing uses are the
same, residential, City Council finds that the proposed density of the residential
use will change the existing character of the area, which is largely rural. However,
the proposed development is generally harmonious with the intended character
envisioned by the Comprehensive Plan and previous Commission and Council
action on this site. City Council does not find that the proposed zoning/uses will
adversely change the essential character of area.
City staff has received several calls, e~mails and letters from adjacent property
owners concemed about the subject development, the Commission and Council
have consider the adjacent property owners concems and appropriate measures to
address their concems.
F. Will the proposed uses not be hazardous or disturbing to existing or future
neighboring uses;
The Commission and Council should rely on public testimony (oral and written)
to detennine whether or not the proposed use will be disturbing or hazardous to
the existing or future neighboring uses. City Council does not anticipate that the
proposed use will be disturbing to future or existing neighbors, as long as
landscaping, fencing and other recommended conditions are exercised. Further,
City Council does not anticipate that the proposed residential use will be
hazardous as long as the conditions outlined in this report are complied with and
construction traffic and house construction is conducted in a manner consistent
with City Code and the conditions of this report.
G. Will the area be served adequately by essential public facilities and services
such as highways, streets, police and fire protection, drainage structures,
refuse disposal, water, sewer or that the person responsible for the
establishment of proposed zoning amendment shall be able to provide
adequately any of such services;
The applicant will be responsible for the extension of utilities to and through this
proposed development. Sizing and routing shall be coordinated with the Public
Works Department.
The applicant and/or future property owners will be required to pay park and
highway impact fees.
On October 6,2004, ACHD approved the previous Kingsbridge development
with site-specific and standard conditions. The applicant should comply with all
amended requirements of the ACHD for the revised application. Please review the
ACHD report for additional information regarding this finding.
On February 1 l, 2005, a joint agency/department comments meeting was held
with representatives of key service providers to this property. Based on the joint
agency/department meeting and other comments received from
agencies/departments, City Council finds that the public services listed above can
be made available to accommodate the proposed development. The Commission
and Council reference any written and/or verbal testimony submitted by any
public service provider, regarding their ability to adequately service this project.
NOTE: Sanitary Services Company will not use Zaidi a Lane (private) to pick up
trash for the proposed Lot 14, Block 2. Therefore, trash cans for Lot 14, Block 2,
should be pulled to the curb of Kingsblidge Drive.
H. Will not create excessive additional requirements at public cost for public
facilities and services and will not be detrimental to the economic welfare of
the community;
If approved, the developer will finance the extension of sewer, water, utilities,
pressurized irrigation, and local street infrastructure to serve the project. The
primary public costs to serve the future residents will be fire and police services.
City Council finds that there will not be excessive additional requirements at
public cost and that the amlexation and zoning will not be detrimental to the
conununity's economic welfare.
I. Will the proposed uses not involve uses, activities, processes, materials,
equipment and conditions of operation that will be detrimental to any
persons, property or the general welfare by reason of excessive production of
traffic, noise, smoke, fumes, glare or odors;
According to the amended Traffic Impact Study (TIS) prepared by Dobie
Engineering, Inc., the proposed project is anticipated to generate 1,235 vehicle
trips per day. Of that traffic, 300 additional vehicle trips per day are anticipated on
the existing Dartmoor Drive in Dartmoor Subdivision. The previous TIS
anticipated 800 additional vehicle trips per day on Dartrnoor Drive. Based on the
revised plat and TIS, substantially fewer vehicles will use Dartrnoor Drive as
access to/from the proposed development. City Council recognizes that traffic and
noise will increase with the approval of this subdivision; however, City Council
does not believe that the amount generated will be detrimental to the general
welfare of the public. City Council does not anticipate the proposed annexation
and subsequent uses will create excessive noise, smoke, fumes, glare, traffic (see
Finding "J" below), or odors. To lessen the impact of this development on the
existing residences in Dartmoor Subdivision, City Council reconunends that
construction traffic be prohibited from utilizing Dartmoor Drive or the ditch
rider's access road to the Ten Mile Feeder. City Council finds that the proposed
residential zoning/uses will not be detrimental to people, property or the general
welfare of the area.
J. Will the area have vehicular approaches to the property which shall be so
designed as not to create an interference with traffic on surrounding public
streets;
The applicant is proposing to construct one new public street entrance into the site
from Eagle Road (Kingsbridge Drive). The applicant is also proposing to extend a
stub street (Dartmoor Drive) into the site that was approved with the Dartmoor
Subdivision. Dartmoor Drive currently has 32-feet of pavement and no curb,
gutter, or sidewalk. Dartmoor Drive is currently not striped for non-vehicular
traffic. As mentioned in the above finding, the extension of Dartmoor Drive will
cause traffic volumes on the existing portion of the street to increase. However, if
the extension of Dartmoor Drive is constructed as approved by ACHD, City
Council does not believe that the subdivision will create interference with traffic
on the existing public street. If all proposed vehicular approaches (streets) are
approved and accepted by ACHD, City Council does not believe that the
subdivision will create interference with traffic on the surrounding public streets.
Please review the ACHD report for this project for additional information
regarding this finding.
K. Will not result in the destruction, loss or damage of a natural or scenic
feature of major importance; and
There are several mature trees on this property. Any existing trees larger than 4"
caliper that are removed should be mitigated for, per the Landscape Ordinance. If
the on-site trees are protected and mitigated for, as required by the Meridian Parks
Department, City Council finds that the proposed development will not result in
the destruction, loss or damage of any natural feature(s) of major importance.
L. Is the proposed zoning amendment in the best interest of the City of
Meridian. (Ord. 592, 11-17-1992)?
The legal description submitted with the application, prepared by FOX Land
Surveys, Inc., shows that the property is contiguous to the existing corporate
boundary of the City of Meridian. City Council finds that all essential services are
available or will be provided by the developer to the subject property and will not
require unreasonable expenditure of public funds. The applicant is proposing to
develop the land in substantial compliance with the City's Comprehensive Plan.
City Council finds that this is a logical expansion of the City limits. In accordance
with the findings listed above, City Council finds that the annexation/zonin2: of
this Drooertv would be in the best interest of the City.
EXHIBIT H
Kingsbridge Subdivision
PP-OS-004
Preliminary Plat Findings
Sections 12-3-3 J.2 and 12-3-5 D read as follows: "In detennining the acceptance ofa
proposed subdivision, the Commission/Council shall consider the objectives of this title
and at least the following:
A. The conformance of the subdivision with the Comprehensive Development
Plan;
City Council finds that the subdivision appears to be in general conformance with
the Comprehensive Plan. See Zoning Amendment Finding "A".
B. The availability of public services to accommodate the proposed
development;
City Council finds that public services can be made available to accommodate the
proposed development. See Zoning Amendment Findings "0" and "H" for more
details.
C. The continuity of the proposed development with the capital improvement
program;
Because the developer is installing sewer, water, and utilities for the development
at their cost, City Council finds that the subdivision will not require the
expenditure of capital improvement funds.
D. The public Imancial capability of supporting services for the proposed
development;
See Zoning Amendment Finding "H" and the Agency Comments and Conditions
for more detail.
E. The other health, safety or environmental problems that may be brought to
the Commission's attention.
City Council is not aware of any health, safety or environmental problems
associated with the development of this subdivision. ACHD considers road safety
issues in their analysis.
EXHIBIT I
Kingsbridge Subdivision
CUP-OS-004
CUP/PD Findings
The Commission and Council shall review the particular facts and circumstances of
each proposed conditional use in terms of the following and may approve a
conditional use permit if they shall Imd evidence presented at the hearing(s) is
adequate to establish (11-17-3):
A. That the site is large enough to accommodate the proposed use and all yards,
open spaces, parking, landscaping and other features as may be required by
this ordinance;
As part of the Planned Development (PD) the applicant is requesting relief from
the standard street frontage requirement of the R-3 zone, and the maximum block
length required by Meridian City Code. See Special Consideration #1 for detailed
analysis.
City Council finds that the subject property is large enough to accommodate the
requested use and al1 other required features. Although the site is large enough to
accommodate al1 of the features required by ordinance, the applicant has asked,
through the Planned Development, to modify the specific development standards
listed above (frontage and block length). AU residential lots are of adequate size
and shape to accommodate homes that would comply with the proposed bulk and
dimensional standards.
B. That the proposed use and development plan will be harmonious with the
Meridian Comprehensive Plan and in accordance with the requirements of
this Ordinance;
The current Comprehensive Plan Land Use Map designates the property as
Medium and Low Density Residential. As noted in the annexation analysis, City
Council finds that the development appears to be in general conformance with the
Comprehensive Plan. See Zoning Amendment Finding "A".
C. That the design, construction, operation, and maintenance will be compatible
with other uses in the general neighborhood and with the existing or
intended character of the general vicinity and that such use will not adversely
change the essential character of the same area;
See Zoning Amendment Finding "E".
D. That the proposed use, if it complies with all conditions of the approval
imposed, will not adversely affect other property in the vicinity;
City Council finds that if all conditions are complied with, this development
should not adversely affect other property in the vicinity. See Findings "F", "R",
"I", and "J" in the Zoning Amendment analysis.
E. That the proposed use will be served adequately by essential public facilities
and services such as highways, street, police, and fire protection, drainage
structures, refuse disposal, water, sewer or that the person responsible for
the establishment of proposed conditional use shall be able to provide
adequately any such services;
Please see Zoning Amendment Findings "G" and "H" Agency Comments and
Conditions, and any comments that may be submitted to the City Clerk regarding
this project.
F. That the proposed use will not create excessive additional requirements at
public cost for public facilities and services and will not be detrimental to the
economic welfare of the community;
See Zoning Amendment Finding "H".
G. That the proposed use will not involve activities or processes, materials,
equipment, and conditions of operation that will be detrimental to any
persons, property, or general welfare by reason of excessive production of
traffic, noise, smoke, fumes, glare or odors;
See Zoning Amendment Finding "I".
H. That the proposed use will have vehicular approaches to the property which
shall be so designed as not to create an interference with traffic on
surrounding public streets;
See Zoning Amendment Finding "J".
I. That the proposed use will not result in the destruction, loss or damage of a
natural, scenic or historic feature considered to be of major importance.
See Zoning Amendment Finding "K".
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW AND
DECISION & ORDER
In the matter of a request for Annexation and Zoning of 45.88 acres from RUT to R-4 Zone
AND Preliminary Plat approval of one-hundred fifteen (115) single-family residential and
twenty-six (26) common lots on 45.88 acres in a proposed R-4 zone AND Vacation of E.
Manderly Lane and 30 foot wide agricultural easement, both being one and the same, for
proposed Tustin Subdivision by SCS Investments, LLC.
Case No. PP-05-003, AZ-OS-002, V AC-OS-OOl
For the City Council Hearing Date of: April 12, 2005
A. Findings of Fact
1. Hearing Facts
a. A notice of a public hearing was published for two (2) consecutive weeks prior to
the City Council public hearing, the first publication appearing and written notice
mailed to property owners or purchasers of record within three hundred feet (300')
of the external boundaries of the property. The notice of public hearing before the
City Council was posted upon the property under consideration more than one week
before said hearing. All other noticing was done consistent with Idaho Code 967-
6509.
The matters were duly considered by the City Council at the April 12, 2005, public
hearing. The applicant, affected property owners, and government subdivisions
providing services within the planning jurisdiction of the City of Meridian were
given full opportunity to express comments and submit evidence.
b. Written and oral testimony was received on this matter, as reflected in the records
of the City Clerk (for written testimony) and in the official meeting minutes (for
oral testimony).
c. The Planning and Zoning Commission conducted a public hearing and issued a
recommendation for approval to City Council.
d. The City Council heard and took oral and written testimony and duly considered the
evidence and the record in this matter.
2. Process Facts
a. There has been compliance with all notice and hearing requirements set forth in
Idaho Code ~67-6509, 6512, and Meridian City Code ~~ 11-15-5 and 11-17-5 as
evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of
Posting filed with the staff report.
3. Application and Property Facts
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO. PP-05-00 1 - PAGE I of 4
a. In addition to the application and property facts noted in the staff report and the
Planning & Zoning Recommendation for the subject application(s), it is hereby
verified that the property owner of record at the time of issuance of these findings is
SCS Investments, LLC.
4. Required Findings per Zoning and Subdivision Ordinances
a. See Exhibit D and E for the findings required for each application.
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land
Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. S67-
6503).
2. The Meridian City Council takes judicial notice of its Zoning, Subdivision and
Development Ordinances codified at Titles 11 and 12, Meridian City Code, and all
CUlTent zoning maps thereof. The City of Meridian has, by ordinance, established the
Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was
adopted August 6, 2002, Resolution No. 02-382 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code
S 11-17-9.
4. Due consideration has been given to the comment(s) received from the govenunental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not
impose expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision, which
shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon
the applicant, the Planning and Zoning Department, the Public Works Department and
any affected party requesting notice.
7. That this approval is subject to the Legal Description in Exhibit A, the Preliminary Plat
dated February 24,2005 as shown in Exhibit B, and the Conditions of Approval in
Exhibit C. The conditions are concluded to be reasonable and the applicant shall meet
such requirements as a condition of approval of the application.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code S 12-3-5 and
based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby
ordered that:
1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat
dated February 24,2005 is hereby conditionally approved;
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECIsrON & ORDER
CASE NO. PP-OS-OO 1 - PAGE 2 of 4
2. The site specific and standard conditions of approval are as shown in Exhibit C.
D. Notice of Applicable Time Limits (as applicable)
1. Notice of Twelve (12) Month Preliminary Plat Duration
Please take notice that after the date of approval of the preliminary plat, the owner or
developer shall have one year within which to file the request for approval of the final
plat. After approval of final plat, the owner or developer shall have one year to begin
construction of the public utilities and one year thereafter to complete construction of
those public facilities. (MCC 12-2-4.B & C.)
E. Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may
request a regulatory taking analysis. Such request must be in writing, and must be filed
with the City Clerk not more than twenty-eight (28) days after the final decision
concerning the matter at issue. A request for a regulatory takings analysis will toll the
time period within which a Petition for Judicial Review may be filed.
2. Please take notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code S 67~6521 an affected person being a person who has
an interest in real property which may be adversely affected by the issuance or denial of
the approval may within twenty-eight (28) days after the date of this decision and order
seek a judicial review as provided by Chapter 52, Title 67, Idaho Code.
F. Exhibits
Exhibit A: Legal Description
Exhibit B: Approved Preliminary Plat (February 24, 2005, with conditions)
Exhibit C: Conditions of Approval (all agencies)
Exhibit D: Annexation and Zoning Findings
Exhibit E: Preliminary Plat Findings
By action of the City Council at its regular meeting held on the \ 2-th
Afn \ , 2005.
day of
COUNCIL MEMBER SHAUN WARDLE
VOTED~
CITY OF MERIDIAN FfNDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO. PP-05-00 1 - PAGE 3 of 4
COUNCIL MEMBER CHRISTINE DONNELL
COUNCIL MEMBER CHARLIE ROUNTREE
COUNCIL MEMBER KEITH BIRD
MAYOR TAMMYdeWEERD
(TIE BREAKER)
VOTED~
VOTED~
VOTED~
VOTED_
and City Attorney.
, "/~t".. .. . .,<<,;(j~If$~ijy,. '
Copy served upon Applicant, The Planning 'and' Zoning Department, Public Works Department
By:J~i\ fl ~
. y Clerk's Office
Dated: 4- \ S-OS
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO. PP-05-00 1 - PAGE 4 of 4
EXHIBIT A
Tustin Subdivision
AZ-OS-002 PP-OS-OOl V AC-OS-OOl
Legal Description
Ell ineerill NO/tit West, LLe
~23 N. Ancestor Ptace. Suite ISO
Boise. Idaho 83704
GOSl 376,5000. Fax (208) 376-5556
Project No. U4.0U.;.-O 1
Date; Do':ccmber 1. 21)O~
TUSTIN SUBDIVISION
ANNEXA nON DESCRfPTION
A parcd of land located in tho': SE If4 nfSeetion 30, T. 4 N., R. I E., 8.1\11., Ada County,
Idaho, more particularly described as follows:
Commencing at the section Comer common to Sections 29, 30, 31 and 32 of said
T.4N.. R.lE.;
Thence North 00000'00" East, 450.93 feet on the section line common to said Sections 29
and 30 to the REAL POINT OF BEGINNING:
Thence leaving said section line. North 90000'00" West, 30.00 feet to the southeast comer
or Purcel 0 of Property Line Adjustment Record-ot:Survey Number 54lO of Ada County Records,
said point also being on the westerly right,of-way line of North Locust Grove Road;
Thence on the exterior boundary line of said Parcel D for the following courses and
distances:
North 88"26'38" West. 115.94 teet;
Thence North 62"18'07" West, 292.55 feet;
Thence North 90"00'00" West, 20.36 feet
Thence SOllth nOvOO'DO" West, 591.53 feet to a point all the section line commOn to said
Sections 30 and 31 :
Thence South 89"48'09" West, 820.72 feet on the section line common to said Secrions 31)
and 31;
Thence North 00000'00" East, J 386.55 feer, a portion of said line bemg on the westerl}
boundary line of Lot 13, Block 2 of Lark wood Subdivision, as same is shown on the Plat thereof
recorded in Book 58 of Plats at Page 549.;. of Ada COllllty Records;
Thence South 90"orrOo" EaSt. 60.00 feer on saId westerly boundary hne;
['hence North 00"00'00" East, 418.71 feet on said w<;sterly boundary line [0 the llorrhwes\
comer 0 f said Lot 13, Block 2:
I ~l~l Hi 'SUl! _ \j1ne't~U;:11I Dc:~.;' ,1.1\-
Thence Somh 89" 13'04" East. 1186, II feet, a portion orsaid hne being on the nonh~rl~
boundary line of said Lot U. Block 2 to a poim on the section line common to said Sccrions 29
and ~o:
Thence South 00"00'00" West, 1333.84 feet on the section line common to said Sections 29
and 30 to the real point of beginning. Said parcel contmns 45.88 acres more or less
PREPARED BY:
Engineering NorthWest, LLC
James R. WashbllnI, .1'1$
T L:il:Ul Sub .\nUt:X.!.U<.:H) lJcs\.- doJ.:
-~~I!
~
~
~~~_~r:oY .
~t>y
TISTL'i SUBDJVISION
P.REUi\DNA.RY PL.-\T DESCR1PTIOI\
B.\L A.ib l:"t)UlH:.
f, !
r -+)j .\~Jil;l~t."Cl!l:; ~I! [he secrWiJ comc:t ,~0mmon to St:cnons 29. 30. 31 and 3': c! f smJ
and 311
lhc:iu: "j'.mh 1)()"(JO'Ol)" Ea:;;i ..j.5'1 Si,i ft::[ .)1] the see'Hon 1m::: Gonnnon to said SeC!!Dn5 2'J
u r',;l\.J P.ued
lVa)" IUk 01 0!
North 9WOu'i]O" West, 3(),OO re",! [oj :hc 5oill!1"ast C:,lme!
dI5tunct:iJc:rh':C (,n (hi;' C'lkn<.:'l bUllnJar\,. fme of S:lid P,lfcel D lor [he fi.illnwmg COllrSe$ and
r he'Hee i\konh ()S"21J' J6" \,Vest ! , 5 '!4 f"'t:!.
Thenc<:; NOl1h 6]'12'07" \;\esc 292 55 th:t.
Thence N"l'th lJiY~(!lj'(j{i" West. 21J:.6 feeI;
thence S'-"UIl1 iJOoOO'OO" \\,'e5[. )0, 53 feeL
Thence SOllL!-j 8~,C..j8'rVY I,litsr. 82072 reer:
Tilcli<.:<:, [o-H,nh '111~!HrIXr' Ea.::>[. 1350;55
Tll.:-nce 2;uu,h ~'iY!)O \11 J" East, ril). !I(, teeI,
t i 50 I ! re~~~
J<HllC~ R. \\'fl~hi>urn. PL~
Ell ineering North West, LLe
423 N. i\nceslor Place, Suite r SO
Boise, Idaho
(If)!\j 376-5000 . f'ax OOS} 376-5556
Project No. 04-004-0 I
Date; April 16, 2004
LARK\\iOOD
AGRICULTURAL EASEMENT DESCRIPTION
An easement located in Lot 13, Block 2 of Larkwood Subdivision as same is shown on
the Plat thereoF recorded in Book 58 ofP!ats at Page 5494 of Ada County Records, located in the
SF 1/4 of Section 30, T, 4 N" R. 1 F" 8.M., Ada County. Idaho. more particularly described as
fo!low;;:
R.IE.;
Commencing at the section comer common to Sections 29, 30, 31 and 32 of said TAN.,
Thence N01ih 00000'00" East, J 784.77 feet on the section line COlllmon to said Sections
29 and 30;
Them:e North 89" 13 '04" West. 3D.OO feet to the northeast comer of Lot 13, Block 2 of
said Larkwood Subdivision. said point being the REAL POINT OF BEGINNrNG;
Thence South 00000'00" West, 30.00 feet 011 the easterly Jot line of said Lot 13, which
line is also the westerly rightHOI:way line of North Locust Grove Road;
Thence leaving sait! lot line and right.of-way line, North S9~ 13'04" West. 1091.11 teet;
TlwJ1ce South DO"OO'OO" West, 45.00 feet;
Then..:c North 89013 '04" West, 45.00 feet;
Thence North OOOO()'QO.' East. 45.00 feet;
Thence North 89"13 '04" West, 20.00 feet to a point on the [ot line common to Lots 2 and
13. Bluck 2 ofsl1id Larkwood Subdivision;
Thence North 00000'00" East. 30.00 feet on said common lot line to the northerly lot
comer common to said Lots 2 and 13:
Thence South 89013'04" East, J 156,11 feet on the northerly lot line of said Lot [3 to the
real point ofbegilUling.
PREPARED BY:
Engineering NorthWest, LLC
James R. Washburn. PLS
EXHIBIT B
Tustin Subdivision
AZ-OS-002 PP-OS-OOl V AC-OS-OOl
Preliminary Plat
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Ijll~1j
'IS, :
'e r I t filII 0: 1I1I1 j i. I.. ~ { ~
I i III IIPIIII: J:!:!I!l1i1~ i'
I Ill; Ifi/J!l h ! '111lqil '
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i
EXHIBIT C
Tustin Subdivision
AZ-OS-002 PP-OS-OOl V AC-OS-OOl
Conditions of Approval
ANEXA TION & ZONING COMMENTS
1. The annexation legal description submitted with the application (dated 12-1-04,
stamped by James R. Washburn, PLS) shows the property as contiguous to the
existing corporate boundary of the City of Meridian.
2. Any future subdivision, uses and construction on this property shall comply with
the City of Meridian ordinances in effect at the time.
SITE SPECIFIC CONDITIONS-PRELIMINARY PLAT
1. All conditions of the accompanying Annexation/Zoning (AZ-05-002) application
shall also be considered conditions ofthe Preliminary Plat (PP-05-003).
2. A minimum of two points of access will be required for any portion of the project,
which serves more than 50 homes. The two entrances shall be separated by no less
than ~ the diagonal measurement of the project. Prior to issuance of the 51 st
building permit on the northern section of the development, a secondary
emergency access approved by the Meridian Fire Department shall be provided.
3. Provide public stub streets to the north (N. Snow Basin Ave), and east (E. Deer
Valley Street) as proposed.
4. With the submittal of the final plat application, the applicant shall submit a copy
of the Ada County Street Name Committee1s final approval letter for the street
names, subdivision name, and lot and block numbering. Make any other
corrections necessary to conform.
5. The submitted 3-page landscape plan prepared by The Land Group, Inc., dated 7-
14-04 is approved as submitted, with the following modifications:
· Modify the landscape plans to reflect the revised preliminary plat dated February
2005 and the modifications required by this report.
· Add micropaths to Lot 13, Block 9 and Lot 24, Block 1. All micropaths within
the proposed subdivision shall be designed in accordance with MCC 12-13-15
"Micropath Landscaping" and MCC 12-4-3 Itpedestrian Walkways." Micropath
fencing shall be constructed per MCC 12-13-15-9.
· No large trees will be allowed within the 20-foot sanitary sewer easement area
across Lot 24, Block 1, and Lot 1, Block 6. An access road/pathway will be
required over the sewer in Lot 24, Block 1.
Other than the changes listed above, the approved landscape plan is not to be
altered without prior written approval of the Pla1ming & Zoning Department.
Submit 10 copies of a revised landscape plan, depicting the above-mentioned
changes and any other changes that may be required by the Planning &
Zoning Commission, to the City Clerk at least 10 days prior to the next
public hearing.
6. All irrigation ditches, laterals or canals, exclusive of natural waterways,
intersecting, crossing or lying adjacent and contiguous to the area being
subdivided shall be tiled per MCC 12-4-13. Plans will need to be approved by the
appropriate irrigation/drainage district, or lateral users association (ditch owners),
with wtitten approval or non-approval submitted to the Public Works Department.
If lateral users association approval can not be obtained, plans will be reviewed
and approved by the City Engineer prior to final plat signature.
7. Underground vear-round pressurized irrigation must be provided to all lots within
this development. The City of Meridian requires that pressurized irrigation
systems be supplied by a year-round source of water. If the pressurized irrigation
system within this development is to remain a private homeowners' association
system, complete plans and specifications shall be reviewed by the Public Works
Department as part of the development plan review process. A draft copy of the
pressurized irrigation system O&M manual shall be submitted prior to plan
approval. The applicant shall be required to utilize any existing surface or well
water for the primary source. If a surface or well source is not available, a single-
point connection to the culinary water system shall be required. If a single..point
connection is utilized, the developer shall be responsible for the payment of
assessments for the common areas prior to signature on the final plat by the City
Engineer.
8. If permanent fencing is not provided, temporary construction fencing to contain
debris must be installed around the perimeter prior to issuance of a building
permit.
9. Maintenance of all common areas shall be the responsibility of the Tustin
Homeowners' Association.
10. Permanent sanitary sewer service to this development is to be provided from the
future North Slough Trunk - Phase II extension that is currently scheduled to
commence construction in the fall of 2005. Applicant will be responsible to
construct the water mains to and through this proposed development, thereby
making them available to adjacent properties. Subdivision designer to coordinate
main sizing and routing with the Public Works Department. Applicant shall
execute City of Meridian standard forms of easements, for any mains that are
required to provide service.
11. Municipal water to this site shall be via ext extensions from existing mains in N.
Locust Grove and E. McMillan Roads. Applicant will be responsible to construct
the water mains to and through this proposed development, thereby making them
available to adjacent properties. Subdivision designer to coordinate main sizing
and routing with the Public Works Department. Applicant shall execute City of
Meridian standard fonns of easements, for any mains that are required to provide
service.
12. Direct lot access to Locust Grove Road and McMillan Road is prohibited. The
existing access to Locust Grove Road from Lot 12, Block 9 shall be eliminated
and a note shall be placed on the final plat restricting access to Locust Grove
Road and McMillan Road.
13. A permanent pedestrian easement, in favor of the City of Meridian, shall be
recorded for the regional pathway in each phase of the subdivision. The public
easement shall be recorded for the pathway prior to occupancy of any structures
in that particular phase of the subdivision. Submit a copy of the recorded
easement to the Planning and Zoning and Parks Departments. The easement shall
be sufficient width to cover the 10-wide pathway. Buildings are precluded from
constructing within this easement. The lO-foot wide hard surfaced pathway shall
be constructed and fully improved prior to the issuance of the first Certificate of
Occupancy for any building within the phase. Additionally, a note shall be added
to the face of each final plat indicating the City of Meridian is responsible for the
maintenance of the pathway surface located within the easement. Applicant shall
conform to the Park's Department standards for construction of the regional
pathway. The Homeowner's Association is responsible for maintenance of all
landscaping adjacent to the pathway.
14. The applicant shall be required to construct micropaths through Lot 13, Block 9
and Lot 24, Block 1 for pedestrian connection to the multi-use pathway. All
micropaths within the proposed subdivision shall be designed in accordance with
MCC 12-13-15 "Micropath Landscaping" and MCC 12-4-3 l1Pedestrian
Walkways." Micropath fencing shall be constructed per MCC 12-13-15-9.
15. A six-foot "open vision" or four-foot solid fencing is required adjacent to the
North Slough pathway on Lots 12, 13, 14, 15, 19,20,21,22, and 23, Block 1; and
on Lots 12, 14, 15, 16, 17, 18, 19,23,24,25, and 26, Block 9; and adjacent to the
common area/open space lot in Block 6. Submit a detailed fencing plan with the
final plat.
16. The applicant shall be required to place the additional 10 feet of right-of-way
requested by ACHD for Locust Grove Road in a separate common lot which
would be in addition to the common lot for the required 25 foot street buffer.
17. The landscape buffer along Locust Grove Road shall be expanded to 30 feet to
allow for the construction of a 5 foot wide concrete sidewalk, and shifted 10 feet
to the west to allow for the 10 foot common lot required for future ACHD right-
of~way.
18. The existing structure on Lot 12, Block 9 shall be considered grandfathered as an
accessory building pursuant to the requirement of MCC 11-9-4(B)(1)(b) which
states that "no accessory building or structure shall be constructed on any lot prior
to the start of construction of the principal building to which it is accessory."
GENERAL REOUIREMENTS-PRELIMINARY PLAT
1. All grading of the site shall be performed in conformance with MCC 11-l2-3H.
2. Sidewalks shall be installed within the subdivision and on the perimeter of the
subdivision pursuant to MCC 12-13-10-8.
3. A letter of credit or cash surety in the amount of 110% will be required for all
fencing, landscaping, pressurized inigation, sanitary sewer, water, etc., prior to
signature on the final plat.
4. A detailed landscape plan, in compliance with the landscape and subdivision
ordinance and as noted in this report, shall be submitted for the subdivision with
the final plat application.
5. Coordinate fire hydrant placement with the City of Meridian Public Works
Department.
6. Two-hundred-fifty and one-hundred-watt, high~pressure sodium streetlights will
be required at locations designated by the Public Works Department. All
streetlights shall be installed at subdivider's expense. Typical locations are at
street intersections and/or fire hydrants. Final design locations and quantity are
determined after power designs are completed by Idaho Power Company. The
street light contractor shall obtain design and permit from the Public Works
Department prior commencing installations.
7. Any tree over 4" in caliper that is removed from the property shall be replaced by
installing additional trees, being the equivalent number of caliper inches of trees
that were removed. Required landscaping trees will not be considered as
replacement trees for those trees that have to be mitigated.
8. Submit any up-dated groundwater/soils monitoring data, as collected and
analyzed by a soils scientist, to the Public Works Department for review. Any
drainage areas (detention/retention basins) must be designed to ensure that water
will percolate or discharge with a period of time not to exceed 24-hours for all
storms up to and including a 100-year storm events. Side slopes within drainage
areas shall not exceed 3: 1. Any portion of a drainage area not improved with
sod/grass seed (or other approved landscaping) shall not count towards the
required open space area. The project engineer should pay close attention to the
results of field studies determining the groundwater, soil type & and
characteristics during the design and construction phases. The engineer shall be
required to certify that the street centerline elevations are set a minimum of3-feet
above the highest established nonnal groundwater elevation. This is to ensure
that the bottom elevation of the crawl spaces of homes is at least I-foot above
groundwater.
9. The applicant shall coordinate mailbox locations with the Meridian Post Office.
10. Any existing domestic wells and/or septic systems within this project will have to
be removed from their domestic service per City Ordinance Section 9-1-4 and
9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation.
11. Compaction test results must be submitted to the Meridian Building Department
for all building pads receiving engineered backfill} where footing would sit atop
fill material.
12. Applicant's engineer will be required to submit a signed, stamped statement
certifying that all street finish centerline elevations are set a minimum of three
feet above the highest established normal groundwater elevation.
13. The applicant shall be required to pay Public Works development plan review}
and construction inspection fees, as detennined during the plan review process}
prior to signature on the final plat per Resolution 02-374.
14. Staff's failure to cite specific ordinance provisions or terms of the approved
annexation/conditional use does not relieve the applicant of responsibility for
compliance.
15. Preliminary plat approval shall be subject to the expiration provisions set forth in
MCC 12-2-4.
Other A!!encv/DeDartment Comments & Conditions
SANITARY SERVICES COMPANY (SSC)
1. SSC has no comments related to this application.
MERIDIAN FIRE DEPARTMENT
1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute
available for duration of 2 hours to service the entire project. Fire hydrants shall be
placed an average of 500' apart. International Fire Code Appendix C
2. Acceptance of the water supply for fire protection will be by the Meridian Fire
Department and water quality by the Meridian Water Department for bacteria
testing.
3. Final Approval of the fire hydrant locations shall be by the Meridian Fire
Department.
a. Fire Hydrants shall have the 4 12" outlet face the main street or parking lot
aisle.
b. The Fire hydrant shall not face a street which does not have addresses on it.
c. Fire hydrant markers shall be provided per Public Works spec.
d. Locations with fire hydrants shall have the curb painted red 10' to each side of
the hydrant location.
e. Fire Hydrants shall be placed on comers when spacing permits.
f. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
g. Fire hydrants shall be place 18" above finish grade.
h. Fire hydrants shall be provided to meet the requirements of the IFC Section
509.5.
4. The phasing plan may require that any roadway greater than 150' in length that is
not provided with an outlet shall be required to have an approved turn around.
5. All entrance and internal roads shall have a turning radius of 28' inside and 48'
outside radius.
6. An Common driveways shall be straight or have a turning radius of28' inside and
48' outside and shall have a clear driving surface which is 20' wide.
7. Provide a 20' wide Fire Lane for all internal roadways all roadways shall be
marked in accordance with Appendix D Section DI03.6 Signs.
8. Operational fire hydrants, temporary or pennanent street signs and access roads with
an all weather surface are required before combustible construction is brought on
site.
9. To increase emergency access to the site a minimum of two points of access will be
required for any portion of the project, which serves more than 50 homes. The
applicant shall provide a stub street to the property to the (west/east/north/south).
The two entrances should be separated by no less than 12 the diagonal measurement
of the project.
10. Building setbacks shall be per the International Building Code for one and two
story construction.
11. The proposed 115-lot subdivision with an estimated 2.9 residents per household
would have a total estimated population of 334 residents at build out.
12. The fire department requests that any future signalization installed as the result of
the development of this project be equipped with Opticom Sensors to ensure a
safe and efficient response by fire and emergency medical service vehicles. This
cost ofthis installation is to be borne by the developer.
13. All portions of the buildings located on tIns project must be witlnn 150' of a paved
surface as measured around the perimeter of the building.
14. Where a portion of the facility or building hereafter constructed or moved into or
witlnn the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire
apparatus access road, as measured by an approved route around the exterior of the
facility or building, on-site fire hydrants and mains shall be provided where required
by the code official. For buildings equipped throughout with an approved automatic
sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 tlle
distance requirement shall be 600 feet (183).
a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet
(183 m).
b. For buildings equipped throughout with an approved automatic sprinkler system
installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement
shall be 600 feet (183 m).
MERIDIAN PARKS DEPARTMENT
1. Pathway and Trail standards: The proposed pathway and/or trail shall meet the
standards as set forth in the August 2003 Comprehensive Parks and Recreation
System Plan, pgs. 3-2 and 3-3, sections B & C.
2. Standard for City to assume Maintenance of a section of Pathway: The pathway
must connect from one major a11erial to another, and either an easement or
ownership deed must be granted before the city will assume the maintenance of
any section of pathway.
MERIDIAN POLICE DEPARTMENT
1. No comments received.
EXHIBIT D
Tustin Subdivision
AZ-05-002 PP-05-001 V AC-05-001
Annexation and Zoning Findings
According to Meridian City Code (MCC) 11-15-11, General Standards Applicable to
Zoning Amendments, both the Planning & Zoning Commission and Council are
required "to review the particular facts and circumstances of each proposed zoning
amendment in terms of the following standards and shall find adequate evidence
answering the following questions about the proposed zoning amendment."
The following is the list of standards found in 11-15-11 and analysis by staff:
A. Will the new zoning be harmonious with and in accordance with the
Comprehensive Plan and, if not, has there been an application for a
Comprehensive Plan amendment;
The subject property is currently designated 'Low Density Residential' on the
2002 Comprehensive Plan Future Land Use Map. In Chapter VII of the
Comprehensive Plan, low density is defined as areas including single-family
homes at densities of three dwelling units or less per acre. The gross density of the
zoning request is 2.60 dwelling units per acre.
City Council finds the following text policies from the Comprehensive Plan to be
applicable to the proposed zoning amendment (staff's analysis shown in italics
below each policy):
· Require that development projects have planned for the provision of all public
services (Chapter VII, Goal III, Objective A, Action 1)
When the City established its Area of City Impact, it planned to provide City
services to the subject properties. The City of Meridian plans to provide
municipal services to the lands proposed to be annexed in the following
manner:
Sanitary sewer and water service will be extended to the project at
the developer's expense,
The subject lands currently lie within the jurisdiction of the
Meridian Rural Fire District. Once annexed the lands will be
under the jurisdiction of the Meridian City Fire Department, who
currently shares resource and personnel with the Meridian Rural
Fire Department. Fire and Emergency Medical Services will be
provided by Meridian City Fire Station #3. The subject lands lie
within 1.5 miles of the recently opened Meridian City Fire Station
#3 and lie within the Meridian Fire Department's jive-minute
response zone.
The subject lands currently lie within the jurisdiction of the Ada
County Sheriff's Office. Once annexed the lands will be serviced
by the Meridian Police Department (MPD).
The roadways adjacent to the subject lands are currently owned
and maintained by the Ada County Highway District (ACHD). This
service will not change.
The subject lands are currently serviced by the Meridian School
District #2. This service will not change.
The subject lands are currently serviced by the Meridian Library
District. This service will not change and the Meridian Library
District should stiffer no revenue loss as a result of the subject
annexation.
Municipal, fie-supported, services will be provided by the Meridian Building
Department, the Meridian Public Works Department, the Meridian Water
Department, the Meridian Wastewater Department, the Meridian Planning
and Zoning Department, Meridian Utility Billing Services, and Sanitary
Services Company.
· Protect existing residential properties from incompatible land use
development on adjacent parcels (Chapter VII, Goal IV, Objective C, Action
1)
All of the properties adjacent to the subject site are either designated for
residential or public/quasi public uses on the Comprehensive Plan Future
Land Use Map.
· Support a variety of residential categories (low-, medium-, and high-density
single family, multi-family, townhouses, duplexes, apartments,
condominiums, etc.) for the purpose of providing the City with a range of
affordable housing opportunities (Chapter VII, Goal IV, Objective C, Action
10)
The subject property is designated Low-Density Residential on the Future
Land Use Map which identifies this area as an appropriate area for low-
density residential development. This proposal meets the Comprehensive
Plan definition of low-density, with a gross density of 2.60 dwelling units per
acre.
· Require street connections between subdivisions at regular intervals to
enhance connectivity and better traffic flow (Chapter VI, Goal II, Objective A,
Action 6)
One stub street has been provided to large, undeveloped parcel to the north
and one stub street has been provided to the east to the adjacent parcel at the
northwest corner of Locust Grove Road and McMillan Road (see ACHD
report for details).
City Council finds that the proposed R-4 zoning designation is hannonious with
and in accordance with the Comprehensive Plan.
B. Is the area included in the zoning amendment intended to be rezoned in the
future;
City Council does not anticipate that the applicant plans to rezone the subject
property in the future ifthe accompanying PP application is approved.
c. Is the area included in the zoning amendment intended to be developed in the
fashion that would be allowed under the new zoning -for example, a
residential area turning into a commercial area by means of conditional use
permits;
City Council finds that the proposed single-family development is allowed within
the requested R-4 zone.
D. Has there been a change in the area or adjacent areas which may dictate that
the area should be rezoned. For example, have the streets been widened, new
railroad access been developed or planned or adjacent area being developed
in a fashion similar to the proposed rezone area;
City Council finds that a substantial portion of the land in the area has been
developed (or approved for development) in a manner similar to the proposed
subdivision, with single-family dwelling units. Saguaro Canyon Subdivision to
the west was approved with a gross density of 3.09 dwelling units per acre.
Havasu Creek Subdivision, to the south, has a gross density of3.05 dwelling units
per acre (minus the future school site).
There have been no recent street improvements in the area. Locust Grove Road is
not currently scheduled within ACHD's Five Year Work Program or Capital
Improvements Plan (CIP) for roadway widening. McMillan Road is not
scheduled within ACHD's Five Year Work Program, but is included in the
current Capital Improvements Plan. According to the current ClP, McMillan
Road is anticipated to be reconstructed in 2015 to include 3 travel lanes with a 70-
foot right-of-way.
Other urban services, such as water, are near to this site and the applicant should
be able to extend such services to the site. Sanitary sewer service for this
development will be from the future North Slough Trunk - Phase II extension that
is currently scheduled to commence construction in the fall of 2005. City Council
finds that the subj ect site is proposed for development in a fashion similar to other
properties in the area.
E. Will the proposed uses be designed, constructed, operated and maintained to
be harmonious and appropriate in appearance with the existing or intended
character of the general vicinity and that such use will not change the
essential character of the same area;
The existing character of the area will, and is, currently changing. Staff finds that
the proposed R-4 zoning and subsequent residential use proposed with the
concurrent preliminary plat is hannonious and appropriate to the intended
character of the vicinity. If this development is approved as proposed, City
Council finds that it will not significantly change existing character of the area as
noted on the Future Land Use Map in the Comprehensive Plan.
F. Will the proposed uses not be hazardous or disturbing to existing or future
neighboring uses;
Due to other existing and proposed uses near the site, City Council finds that the
proposed zoning/uses will be physically hazardous to future or existing uses or
neighbors in the area.
G. Will the area be served adequately by essential public facilities and services
such as highways, streets, police and fire protection, drainage structures,
refuse disposal, water, sewer or that the person responsible for the
establishment of proposed zoning amendment shall be able to provide
adequately any of such services;
Other urban services, such as water, are near this site and the applicant should be
able to extend such services to the site. Sanitary sewer service for this
development will be from the future North Slough Trunk - Phase II extension that
is currently scheduled to commence construction in the fall of 2005. The
applicant shall be responsible for the extension of utilities to and through this
proposed development. Sizing and routing shall be coordinated with the Public
Works Department.
On February 11, 2005, a joint agency/department comments meeting was held
with representatives of key service providers to this property. The detailed
comments and conditions from the Fire Department, Police Department, and other
agencies/departments are at the end ofthis report. This project was heard by the
ACHD Commission on March 2, 2005
Based on the comments received from other agencies/departments, City Council
finds that the public services listed above can be made available to accommodate
the proposed development.
H. Will not create excessive additional requirements at public cost for public
facilities and services and will not be detrimental to the economic welfare of
the community;
If approved, the developer will be financing the extension of sewer, water, public
street infrastructure, utilities and irrigation services to serve the project. The
primary public costs to serve the future residents will be fire, police, school
facilities and services. City Council finds there will not be excessive additional
requirements at public cost. Staff does not anticipate that the annexation and
zoning will be detrimental to the cOlmnunity's economic welfare.
I. Will the proposed uses not involve uses, activities, processes, materials,
equipment and conditions of operation that will be detrimental to any
persons, property or the general welfare by reason of excessive production of
traffic, noise, smoke, fumes, glare or odors;
City Council recognizes that traffic and noise will increase with the approval of a
development on this site; however, staff does not believe that the amount
generated will be detrimental to the general welfare of the public. Traffic
congestion is an ongoing issue for north Meridian, the resolution of which is
beyond the scope of this project. ACHD staff finds that the additional traffic
created by a revised building should not be excessive. City Council finds that
annexation and development in accordance with current city code and the
Comprehensive Plan will not create excessive noise, smoke, fumes, glare, or
odors.
J. Will the area have vehicular approaches to the property which shall be so
designed as not to create an interference with traffic on surrounding public
streets;
The applicant is proposing to construct one public street entrance into the site
from McMillan Road and one public street entrance into the site from Locust
Grove Road. The proposed public street entrance to Locust Grove Road (East
Cedar Hills St.) offsets a previously approved public street entrance into Vienna
Woods by approximately 470 feet (measured centerline to centerline). City
Council finds that the subdivision will not create interference with traffic on the
surrounding public streets.
K. Will not result in the destruction, loss or damage of a natural or scenic
feature of major importance; and
City Council is not aware of any natural or scenic features that may be lost,
damaged or destroyed with the approval of the subject applications. The North
Slough does bisect the property and is proposed to be piped underground.
However, this facility is not considered to be a feature of "major importance" for
the community. Staffrecomrnends that the Commission and Council reference
any public testimony that may be presented to determine whether or not the
proposed development may result in the destruction, loss or damage of a natural
or scenic feature(s) of importance of which staffis unaware. Any existing trees
larger than 4" caliper that are removed should be mitigated for, per the Landscape
Ordinance.
L. Is the proposed zoning amendment in the best interest of the City of
Meridian. (Ord. 592, 11-17-1992)?
In accordance with the findings listed above, City Council finds that the
annexation/zoning of this property, as proposed by the applicant, is in the best
interest of the City.
EXHIBIT E
Tustin Subdivision
AZ-05-002 PP-OS-OOl V AC-05-001
Preliminary Plat Findings
Meridian City Code (MCC) 12-3-3 J.2 and 12-3-5 D read as follows: "In detennining the
acceptance of a proposed subdivision, the Commission/Council shall consider the
objectives of this title and at least the following:
A. The conformance of the subdivision with the Comprehensive Development
Plan;
See Annexation and Zoning Finding "A".
B. The availability of public services to accommodate the pmposed
development;
City Council finds that public services are or will be available to accommodate
the proposed development. See Annexation and Zoning Finding "G".
C. The continuity of the proposed development with the capital improvement
program;
Because the developer is installing sewer, water, and utilities for the development
at their cost, City Council finds that a development on this property will not
require the expenditure of capital improvement funds.
D. The public financial capability of supporting services for the proposed
development;
City Council finds that the development will not require major expenditures for
providing supporting services. See Annexation and Zoning Finding "G".
E. The other health, safety or environmental problems that may be brought to
the Commission's attention.
City Council finds that there are not any health, safety or environmental problems
associated with this subdivision and no hazardous natural features have been
identified on the site.
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW AND
DECISION & ORDER
In the matter of a request for Annexation and Zoning of 45.88 acres from RUT to R-4 Zone
AND Preliminary Plat approval of one-hundred fifteen (115) single-family residential and
twenty-six (26) common lots on 45.88 acres in a proposed R-4 zone AND Vacation of E.
Manderly Lane and 30 foot wide agricultural easement, both being one and the same, for
proposed Tustin Subdivision by SCS Investments, LLC.
Case No. PP-05-003, AZ-05-002, V AC-05-001
For the City Council Hearing Date of: April 12, 2005
A. Findings of Fact
1. Hearing Facts
a. A notice of a public hearing was published for two (2) consecutive weeks prior to
the City Council public hearing, the first publication appearing and written notice
mailed to property owners or purchasers of record within three hundred feet (300')
of the external boundaries of the property. The notice of public hearing before the
City Council was posted upon the property under consideration more than one week
before said hearing. All other noticing was done consistent with Idaho Code ~67-
6509.
The matters were duly considered by the City Council at the April 12, 2005, public
hearing. The applicant, affected property owners, and government subdivisions
providing services within the planning jurisdiction of the City of Meridian were
given full opportunity to express comments and submit evidence.
b. Written and oral testimony was received on this matter, as reflected in the records
ofthe City Clerk (for written testimony) and in the official meeting minutes (for
oral testimony).
c. The Planning and Zoning Commission conducted a public hearing and issued a
recommendation for approval to City Council.
d. The City Council heard and took oral and written testimony and duly considered the
evidence and the record in this matter.
2. Process Facts
a. There has been compliance with all notice and hearing requirements set forth in
Idaho Code ~67-6509, 6512, and Meridian City Code S~ 11-15-5 and 11-17-5 as
evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of
Posting filed with the staff report.
3. Application and Property Facts
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO. PP-OS-OOl - PAGE 1 of4
In addition to the application and property facts noted in the staff report and the
~lanning & Zoning RecOlmnendation for the subject application(s), it is hereby
verified that the property owner of record at the time of issuance of these findings is
SCS Investments, LLC.
4. Required Findings per Zoning and Subdivision Ordinances
a. See Exhibit D and E for the findings required for each application.
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land
Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. ~67-
6503).
2. The Meridian City Council takes judicial notice of its Zoning, Subdivision and
Development Ordinances codified at Titles 11 and 12, Meridian City Code, and all
current zoning maps thereof. The City of Meridian has, by ordinance, established the
Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was
adopted August 6, 2002, Resolution No. 02-382 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code
~ 11-17-9.
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not
impose expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision, which
shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon
the applicant, the Planning and Zoning Department, the Public Works Department and
any affected party requesting notice.
7. That this approval is subject to the Legal Description in Exhibit A, the Preliminary Plat
dated February 24,2005 as shown in Exhibit B, and the Conditions of Approval in
Exhibit C. The conditions are concluded to be reasonable and the applicant shall meet
such requirements as a condition of approval ofthe application.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code ~ 12-3-5 and
based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby
ordered that:
1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat
dated February 24,2005 is hereby conditionally approved;
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO. PP-OS-OO 1 - PAGE 2 of 4
2. The site specific and standard conditions of approval are as shown in Exhibit C.
D. Notice of Applicable Time Limits (as applicable)
1. Notice of Twelve (12) Month Preliminary Plat Duration
Please take notice that after the date of approval of the preliminary plat, the owner or
developer shall have one year within which to file the request for approval of the final
plat. After approval of final plat, the owner or developer shall have one year to begin
construction of the public utilities and one year thereafter to complete construction of
those public facilities. (MCC 12-2-4.B & C.)
E. Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may
request a regulatory taking analysis. Such request must be in writing, and must be filed
with the City Clerk not more than twenty-eight (28) days after the final decision
concerning the matter at issue. A request for a regulatory takings analysis will toll the
time period within which a Petition for Judicial Review may be filed.
2. Please take notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code ~ 67-6521 an affected person being a person who has
an interest in real property which may be adversely affected by the issuance or denial of
the approval may within twenty-eight (28) days after the date of this decision and order
seek ajudicial review as provided by Chapter 52, Title 67, Idaho Code.
F. Exhibits
Exhibit A: Legal Description
Exhibit B: Approved Preliminary Plat (February 24,2005, with conditions)
Exhibit C: Conditions of Approval (all agencies)
Exhibit D: Annexation and Zoning Findings
Exhibit E: Preliminary Plat Findings
By action of the City Council at its regular meeting held on the \2t'h..
A?n \ , 2005.
day of
COUNCIL MEMBER SHAUN WARDLE
VOTED~
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO. PP-OS-OOI - PAGE 3 of 4
COUNCIL MEMBER CHRISTINE DONNELL
VOTED A bS((\d
COUNCIL MEMBER CHARLIE ROUNTREE
VOTED~
COUNCIL MEMBER KEITH BIRD
VOTED~
MAYOR TAMMY de WEERD
(TIE BREAKER)
VOTED-=-
and City Attorney.
By: J [)JJ\ m L
City Clerk's Office
Dated: 4-\5 -DS"
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO. PP-05-001 - PAGE 4 of4
EXHIBIT A
Tustin Subdivision
AZ-05-002 PP-05-001 V AC-05-001
Legal Description
Engilleerillt{ NOJth West, LLC
423 N Anceshlr Place, Suile ISO Boi..'e. Idaho 83704
(208) 376-5000 . Fa~ (203) 376-5556
Project No 04-0U4-0 I
Date; December 1. 2004
TUSTIN SUBDIVISION
ANNEXA TION DESCRJPTrON
A parcel of land located in [he SE l/4 ofSectlun 30, T. 4 N.. R. I E.. B.lvl.. Ada County.
Idaho, more particularly described as follows:
Commencing at the section corner COl1U1JOn to Sections 29, 30, 31 and 32 of said
TAN.. R.l E.;
Thence North oaQoo'OO" East, 450.93 teet on the section line common to said Sections 29
and 30 to the REAL POINT OF BEGINNING:
Thcncc leavmg said section line. North 90000'00" West, 30.00 feet to the southeast COmer
of Parcel D or Property Line Adjustment Record-of-Survey Number 541 0 of Ada County Records,
said pOlm also being on the westerJy right-of-way line of North locust Grove Road;
Thence on Ihe exterior boundary line of said Parcel D for the following courses and
dislUnces
North 88026'38" Wes!. 115.94 teet;
Thence North 62Q1S'07" West, 292.55 feel;
Thence North 90"00'00" West, 20.36 feet;
Thence South 00000'00" West, 591.53 feel to a point on Ihe section line common to said
Sections 30 and 31;
'n1ence South 89048'09" West, 820.72 feel on the sectiollline common to said Sections 31)
and 31;
Thence North 00000'00" East, J 386.55 fee!, a portion of said line belllg 00 lhe wester!)
boundary Jille of Lot 13, Block 2 ofLarkwood Subdivision, as same is shown on the Plat thereof
recorded In Book 58 of Plats at Page 5494 of Ada County Records;
Thence South 90"00'00" EaSI, 60.00 feet on saId westerly boundary lIne;
rhence North OO'JOO'OO" East, 418.7J feet on said westerly boundary line ro the nonhwesl
cOn1erofsaid Lot 13. Block 2:
I ~l;:,lm ~!lil . \n;,t;'..:t~i\"ln lki..: -,tw
Tlw:nce Som!l 89.013 '04" Easl. I! 86.11 feet, a pOrtion of said Ime being on the nOrtherl)
boundarv line of said Lor 13, Block 2 to a point on the section line common to said Sections 29
andllJ: .
Thence SOU!!1 00'00'00" Wesl. 1333.84 feet on the section line common to said Sections 29
and 30 Lo the real point of beginning. Said parcel con tarns 45.88 acres more or les$
PREPARED B"\":
Engineering NorthWest, LLC
James R. Wnshbul"ll, PLS
LI.;).!iU S!Il; ,\fm~'\.mlJn Dt~..' do~
?l~~~ : ,li :
-'-'''', I.
t~:);!!?~r~o-'L/ .
J',J .y
'7'
P:;
TtSTL'i SiTBD1VlSION
Pf<.ELI:\ilNARY PL.\ T DESC.ftlPTIOI\
ll,ommel!<':lIl'; .1l the 5;:)([lull (0111er COfilm.jn to So:ctions 20. 30 31 .Hld 32 elf S:J!cl
-l "j . R. ! E.
~r;d }p
Ihcn,;c; \!.)nb "001)0'1)(,;" Ea::<! 45,1-?::; ft",[ i)ll the 5el't10t1 lil1"-' COll1lTI;)lllO ~~!.ld Secrivl1s 2')
i hl,jj"K'c' k;~.lV1H~ :::w.id ::;.ec[iun
" [' :),ud P ,uc'.:! -
w") IWe ,,1 N
Nonh 9WOu'I)U' West.
111<:0\.'<: ,m [he -::rlerwI lk,unuary line 0fs:Jld PMCe! D Ji)]' rhe tl,jJowmg COurses dud
dlSI;Jnc:es
I h~'lI""c Nunh i~:.\"2o'30" \Vest l! S ')4 t~e[,
Tht:nl..'C i'i...'nl1 62"18'07" \\esL 29~55 feet,
111<:l1c::: Nflrtlt '\IY"fl(l'l11)" \1;.<:51. 2036 teet:
rh<:nce SUlllh l}!i"O(l'OO" ~\/est. 50153 feet,
Th<:nct:' Sliuth Jl)~-l8'n9" W'tSL 82nn feet:
1h<::1IC:;;.' >.unh 'Ii 1'110'(;1)" E;I$[, 135055 t"<:E:t
Then!;", S...iuth 9ii\!U'jHJ.' EJSl 61).1:0 feet.
PREPARED BY:
ElIgill~erillg i'wnh Y\ ~St. LiC
,J;JIlJ;;~ :1<. \V;lshulJnJ. PLj
Ell ineerin North West, LLe
.E] N. Anccswr rlac~. Suile 180
Boise. Idaho 83704
(21)8) 376..5000 . Fax (108) 376..5556
Project No. 04-004-0 I
Date; April 16, 1004
LARKWOOD
AGRICULTURAL EASEMENT DESCRIPTION
An easement located in LO[ J 3, Block 2 of Larkwood Subdivision as same is shown on
the Plat thereofrecordcd in Book 58 of Plats at Page 5494 of Ada County Records, located in rhe
SF. 1.f"1 ofScclion 30, T. 4 N.. R. I E.. 8.M., Ada County. Idaho, more particularly desclibed as
follows;
R.IE.:
COlllmencing at the section corner common to Sections 29, 30, 31 and 32 of said TAN.,
Thence North 00000'00" East, 1784.77 feet on the seclion line common to said Sections
29 and JO;
Thence North 89"13 '04"' West, 30.00 teet to the northeast Corner of Lot 13, Block 2 of
said I.arkwood Subdivision, said point being the REAL POINT OF BEGINNING;
Thence South 00"00'00" West, 30.00 [eet on the easterly lot line of said Lot 13, which
line is also the westerly right-or-way line ofNOIth Locust Grove Road;
Thence Icaving said lot line and right-of-way line, Nort~ 89QJ3'04" West, 1091.11 feet;
Thence South 00000'00" West, 45.00 feet;
Thence North 890J 3 '04" West, 45.00 reel;
Thence Nonh OOOO(]'OO" East 45,{)O teet;
Thence North 89013 '04" West, 20.00 leet to a point on the lot line common to Lots 2 and
13. Block 2 of said Larkwood Subdivision:
Thence North 00000'00" East, 30.00 feet on said conunon lot line to the northerly lot
comer common !(J said Lots 1 and 13:
enlenee South 89013 '04" East, j 156.11 feel on the northerly lot line of said Lot [3 to the
real point ofbegiwling.
PREPARED BY;
Engineering NorthWest, LLC
James R. \Vashburn, PLS
Pi.lg~ ! of I
EXHIBIT B
Tustin Subdivision
AZ-05-002 PP-05-001 V AC-05-001
Preliminary Plat
e r I I' f 1111 0: ! I )I j I! !. I .. S f ~
rill! J Ii II ;' ~~
1111 III /1111 p il IB!I!llP j ij 1
lilllJJlhrll'llllllllI!
J'JI!f!lllf ii" i I II'! ·
l I! II I j!
1 .
EXHIBIT C
Tustin Subdivision
AZ-05-002 PP-05-001 V AC-05-001
Conditions of Approval
ANEXATION & ZONING COMMENTS
1. The annexation legal description submitted with the application (dated 12-1-04,
stamped by James R. Washburn) PLS) shows the property as contiguous to the
existing corporate boundary of the City of Meridian.
2. Any future subdivision, uses and construction on this property shall comply with
the City of Meridian ordinances in effect at the time.
SITE SPECIFIC CONDITIONS-PRELIMINARY PLAT
1. All conditions of the accompanying Annexation/Zoning (AZ-05-002) application
shall also be considered conditions of the Preliminary Plat (PP-05-003).
2. A minimum of two points of access will be required for any portion of the project,
which serves more than 50 homes. The two entrances shall be separated by no less
than Y2 the diagonal measurement of the project. Prior to issuance of the 51st
building permit on the northern section of the development, a secondary
emergency access approved by the Meridian Fire Department shall be provided.
3. Provide public stub streets to the north (N. Snow Basin Ave), and east (E. Deer
Valley Street) as proposed.
4. With the submittal of the final plat application, the applicant shall submit a copy
of the Ada County Street Name Committee's final approval letter for the street
names, subdivision name) and lot and block numbering. Make any other
corrections necessary to confonn.
5. The submitted 3-page landscape plan prepared by The Land Group, Inc., dated 7-
14-04 is approved as submitted, with the following modifications:
· Modify the landscape plans to reflect the revised preliminary plat dated February
2005 and the modifications required by this report.
· Add micropaths to Lot 13, Block 9 and Lot 24, Block 1. All micropaths within
the proposed subdivision shall be designed in accordance with MCC 12-13-15
"Micropath Landscaping" and MCC 12-4-3 "Pedestrian Walkways. II Micropath
fencing shall be constructed per MCC 12-13-15-9.
· No large trees will be allowed within the 20-foot sanitary sewer easement area
across Lot 24, Block 1) and Lot 1, Block 6. An access road/pathway will be
required over the sewer in Lot 24, Block 1.
Other than the changes listed above, the approved landscape plan is not to be
altered without prior written approval of the Planning & Zoning Department.
Submit 10 copies of a revised landscape plan, depicting the above-mentioned
changes and any other changes that may be required by the Planning &
Zoning Commission, to the City Clerk at least 10 days prior to the next
public hearing.
6. All irrigation ditches, laterals or canals, exclusive of natural waterways,
intersecting, crossing or lying adjacent and contiguous to the area being
subdivided shall be tiled per MCC 12-4-13. Plans will need to be approved by the
appropriate irrigation/drainage district, or lateral users association (ditch owners),
with written approval or non-approval submitted to the Public Works Department.
If lateral users association approval can not be obtained, plans will be reviewed
and approved by the City Engineer prior to final plat signature.
7. Underground vear-round pressurized irrigation must be provided to all lots within
this development. The City of Meridian requires that pressurized irrigation
systems be supplied by a year-round source of water. If the pressurized irrigation
system within this development is to remain a private homeowners' association
system, complete plans and specifications shall be reviewed by the Public Works
Department as part of the development plan review process. A draft copy of the
pressurized ilTigation system O&M manual shall be submitted prior to plan
approval. The applicant shall be required to utilize any existing surface or well
water for the primary source. If a surface or well source is not available, a single-
point connection to the culinary water system shall be required. If a single-point
connection is utilized, the developer shall be responsible for the payment of
assessments for the common areas prior to signature on the final plat by the City
Engineer.
8. If permanent fencing is not provided, temporary construction fencing to contain
debris must be installed around the perimeter prior to issuance of a building
permi 1.
9. Maintenance of all common areas shall be the responsibility of the Tustin
Homeowners' Association.
10. Permanent sanitary sewer service to this development is to be provided from the
future North Slough Trunk - Phase II extension that is currently scheduled to
commence construction in the fall of 2005. Applicant will be responsible to
construct the water mains to and through this proposed development, thereby
making them available to adjacent properties. Subdivision designer to coordinate
main sizing and routing with the Public Works Department. Applicant shall
execute City of Meridian standard forms of easements, for any mains that are
required to provide service.
11. Municipal water to this site shall be via ext extensions from existing mains in N.
Locust Grove and E. McMillan Roads. Applicant will be responsible to construct
the water mains to and through this proposed development, thereby making them
available to adjacent properties. Subdivision designer to coordinate main sizing
and routing with the Public Works Department. Applicant shall execute City of
Meridian standard forms of easements, for any mains that are required to provide
service.
12. Direct lot access to Locust Grove Road and McMillan Road is prohibited. The
existing access to Locust Grove Road from Lot 12, Block 9 shall be eliminated
and a note shall be placed on the final plat restricting access to Locust Grove
Road and McMillan Road.
13. A permanent pedestrian easement, in favor of the City of Meridian, shall be
recorded for the regional pathway in each phase of the subdivision. The public
easement shall be recorded for the pathway prior to occupancy of any structures
in that particular phase of the subdivision. Submit a copy of the recorded
easement to the Planning and Zoning and Parks Departments. The easement shall
be sufficient width to cover the 10-wide pathway. Buildings are precluded from
constructing within this easement. The 10-foot wide hard surfaced pathway shall
be constructed and fully improved prior to the issuance of the first Certificate of
Occupancy for any building within the phase. Additionally, a note shall be added
to the face of each final plat indicating the City of Meridian is responsible for the
maintenance of the pathway surface located within the easement. Applicant shall
conform to the Park's Department standards for construction of the regional
pathway. The Homeowner's Association is responsible for maintenance of all
landscaping adjacent to the pathway.
14. The applicant shall be required to construct micropaths through Lot 13, Block 9
and Lot 24, Block 1 for pedestrian connection to the multi-use pathway. All
micropaths within the proposed subdivision shall be designed in accordance with
MCC 12-13-15 "Micropath Landscaping" and MCC 12-4-3 lIPedestrian
Walkways." Micropath fencing shall be constructed per MCC 12-13-15-9.
15. A six-foot "open vision" or four-foot solid fencing is required adjacent to the
North Slough pathway on Lots 12, 13, 14, 15, 19,20,21,22, and 23, Block 1; and
on Lots 12, 14, 15, 16, 17, 18, 19,23,24,25, and 26, Block 9; and adjacent to the
common area/open space lot in Block 6. Submit a detailed fencing plan with the
final plat.
16. The applicant shall be required to place the additional 10 feet of right-of-way
requested by ACHD for Locust Grove Road in a separate common lot which
would be in addition to the common Lot for the required 25 foot street buffer.
17. The landscape buffer along Locust Grove Road shall be expanded to 30 feet to
allow for the construction of a 5 foot wide concrete sidewalk, and shifted 10 feet
to the west to allow for the 10 foot common lot required for future ACHD right-
of-way.
18. The existing structure on Lot 12, Block 9 shall be considered grandfathered as an
accessory building pursuant to the requirement of MCC 11-9-4(B)(1)(b) which
states that "no accessory building or structure shall be constructed on any lot prior
to the start of construction of the principal building to which it is accessory."
GENERAL REQUIREMENTS-PRELIMINARY PLAT
1. All grading of the site shall be performed in conformance with MCC 11-12-3H.
2. Sidewalks shall be installed within the subdivision and on the perimeter of the
subdivision pursuant to MCC 12-13-10-8.
3. A letter of credit or cash surety in the amount of 110% will be required for all
fencing, landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to
signature on the final plat.
4. A detailed landscape plan, in compliance with the landscape and subdivision
ordinance and as noted in this report, shall be submitted for the subdivision with
the final plat application.
5. Coordinate fire hydrant placement with the City of Meridian Public Works
Department.
6. Two-hundred-fifty and one-hundred-watt, high-pressure sodium streetlights will
be required at locations designated by the Public Works Department. All
streetlights shall be installed at subdivider's expense. Typical locations are at
street intersections and/or fire hydrants. Final design locations and quantity are
determined after power designs are completed by Idaho Power Company. The
street light contractor shall obtain design and pennit from the Public Works
Department prior commencing installations.
7. Any tree over 4" in caliper that is removed from the property shall be replaced by
installing additional trees, being the equivalent number of caliper inches of trees
that were removed. Required landscaping trees will not be considered as
replacement trees for those trees that have to be mitigated.
8. Submit any up-dated groundwater/soils monitoring data, as collected and
analyzed by a soils scientist, to the Public Works Department for review. Any
drainage areas (detention/retention basins) must be designed to ensure that water
will percolate or discharge with a period of time not to exceed 24-hours for all
storms up to and including a 100-year storm events. Side slopes within drainage
areas shall not exceed 3: 1. Any portion of a drainage area not improved with
sod/grass seed (or other approved Landscaping) shall not count towards the
required open space area. The project engineer should pay close attention to the
results of field studies determining the groundwater, soil type & and
characteristics during the design and construction phases. The engineer shall be
required to certify that the street centerline elevations are set a minimum of 3-feet
above the highest established normal groundwater elevation. This is to ensure
that the bottom elevation of the crawl spaces of homes is at least I-foot above
ground water.
9. The applicant shall coordinate mailbox locations with the Meridian Post Office.
10. Any existing domestic wells and/or septic systems within this project will have to
be removed from their domestic service per City Ordinance Section 9-1-4 and
9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation.
11. Compaction test results must be submitted to the Meridian Building Department
for all building pads receiving engineered backfill, where footing would sit atop
fill material.
12. Applicant's engineer will be required to submit a signed, stamped statement
certifying that all street finish centerline elevations are set a minimum of three
feet above the highest established normal groundwater elevation.
13. The applicant shall be required to pay Public Works development plan review,
and construction inspection fees, as determined during the plan review process,
prior to signature on the final plat per Resolution 02-374.
14. Staffs failure to cite specific ordinance provisions or terms of the approved
annexation/conditional use does not relieve the applicant of responsibility for
compliance.
15. Preliminary plat approval shall be subject to the expiration provisions set forth in
MCC 12-2-4.
Other A!!encv/Deoartment Comments & Conditions
SANITARY SERVICES COMPANY (SSC)
1. SSC has no comments related to this application.
MERIDIAN FIRE DEPARTMENT
1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute
available for duration of2 hours to service the entire project. Fire hydrants shall be
placed an average of 500' apart. International Fire Code Appendix C
2. Acceptance of the water supply for fire protection will be by the Meridian Fire
Department and water quality by the Meridian Water Department for bacteria
testing.
3. Final Approval of the fire hydrant locations shall be by the Meridian Fire
Department.
a. Fire Hydrants shall have the 4 12" outlet face the main street or parking lot
aisle.
b. The Fire hydrant shall not face a street which does not have addresses on it.
c. Fire hydrant markers shall be provided per Public Works spec.
d. Locations with fire hydrants shall have the curb painted red 10' to each side of
the hydrant location.
e. Fire Hydrants shall be placed on corners when spacing permits.
f. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
g. Fire hydrants shall be place 18" above finish grade.
h. Fire hydrants shall be provided to meet the requirements of the IFC Section
509.5.
4. The phasing plan may require that any roadway greater than 150' in length that is
not provided with an outlet shall be required to have an approved turn around.
5. All entrance and internal roads shall have a turning radius of 28' inside and 48'
outside radius.
6. All Common driveways shall be straight or have a turning radius of28' inside and
48' outside and shall have a clear driving surface which is 20' wide.
7. Provide a 20' wide Fire Lane for all internal roadways all roadways shall be
marked in accordance with Appendix D Section D103.6 Signs.
8. Operational fire hydrants, temporary or permanent street signs and access roads with
an all weather surface are required before combustible construction is brought on
site.
9. To increase emergency access to the site a minimum of two points of access will be
required for any portion of the project, which serves more than 50 homes. The
applicant shall provide a stub street to the property to the (west/east/north/south).
The two entrances should be separated by no less than 12 the diagonal measurement
of the project.
10. Building setbacks shall be per the International Building Code for one and two
story construction.
11. The proposed 115-10t subdivision with an estimated 2.9 residents per household
would have a total estimated population of334 residents at build out.
12. The fire department requests that any future signalization installed as the result of
the development of this project be equipped with Opticom Sensors to ensure a
safe and efficient response by fire and emergency medical service vehicles. This
cost ofthis installation is to be borne by the developer.
13. All portions of the buildings located on this project must be within 150' of a paved
surface as measured around the pelimeter of the building.
14. Where a portion of the facility or building hereafter constructed or moved into or
within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire
apparatus access road, as measured by an approved route around the exterior of the
facility or building, on-site fire hydrants and mains shall be provided where required
by the code official. For buildings equipped throughout with an approved automatic
sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the
distance requirement shall be 600 feet (183).
a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet
(183 m).
b. For buildings equipped throughout with an approved automatic sprinkler system
installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement
shall be 600 feet (183 m).
MERIDIAN PARKS DEPARTMENT
1. Pathway and Trail standards: The proposed pathway and/or trail shall meet the
standards as set forth in the August 2003 Comprehensive Parks and Recreation
System Plan, pgs. 3-2 and 3-3, sections B & c.
2. Standard for City to assume Maintenance of a section of Pathway: The pathway
must connect from one major arterial to another, and either an easement or
ownership deed must be granted before the city will assume the maintenance of
any section of pathway.
MERIDIAN POLICE DEPARTMENT
1. No COlllinents received.
EXHIBIT D
Tustin Subdivision
AZ-05-002 PP-OS-OOl V AC-OS-OOl
Annexation and Zoning Findings
According to Meridian City Code (MCC) 11-15-11, General Standards Applicable to
Zoning Amendments, both the Planning & Zoning Commission and Council are
required "to review the particular facts and circumstances of each proposed zoning
amendment in terms of the following standards and shall find adequate evidence
answering the following questions about the proposed zoning amendment. "
The following is the list of standards found in 11-15-11 and analysis by staff:
A. Will the new zoning be harmonious with and in accordance with the
Comprehensive Plan and, if not, has there been an application for a
Comprehensive Plan amendment;
The subject property is currently designated 'Low Density Residential' on the
2002 Comprehensive Plan Future Land Use Map. In Chapter VII of the
Comprehensive Plan, low density is defined as areas including single-fanlily
homes at densities ofthree dwelling units or less per acre. The gross density of the
zoning request is 2.60 dwelling units per acre.
City Council finds the following text policies from the Comprehensive Plan to be
applicable to the proposed zoning amendment (staff's analysis shown in italics
below each policy):
· Require that development projects have planned for the provision of all public
services (Chapter VII, Goal III, Objective A, Action 1)
When the City established its Area of City Impact, it planned to provide City
services to the subject properties. The City of Meridian plans to provide
municipal services to the lands proposed to be annexed in the following
manner:
Sanitary sewer and water service will be extended to the project at
the developer's expense.
The subject lands currently lie within the jurisdiction of the
Meridian Rural Fire District. Once annexed the lands will be
under the jurisdiction of the Meridian City Fire Department, who
currently shares resource and personnel with the Meridian Rural
Fire Department. Fire and Emergency Medical Services will be
provided by Meridian City Fire Station #3. The subject lands lie
within 1.5 miles of the recently opened Meridian City Fire Station
#3 and lie within the Meridian Fire Department's five-minute
response zone.
The subject lands currently lie within the jurisdiction of the Ada
County Sheriff's Office. Once annexed the lands will be serviced
by the Meridian Police Department (MPD).
The roadways adjacent to the subject lands are currently owned
and maintained by the Ada County Highway District (ACHD). This
service will not change.
The subject lands are currently serviced by the Meridian School
District #2. This service will not change.
The subject lands are currently serviced by the Meridian Library
District. This service will not change and the Meridian Library
District should sLifJer no revenue loss as a result of the subject
annexation.
Municipal, fee-supported, services will be provided by the Meridian Building
Department, the Meridian Public Works Department, the Meridian Water
Department, the Meridian Wastewater Department, the Meridian Planning
and Zoning Department, Meridian Utility Billing Services, and Sanitary
Services Company.
· Protect existing residential properties from incompatible land use
development on adjacent parcels (Chapter VII, Goal IV, Objective C, Action
1 )
All of the properties adjacent to the subject site are either designated for
residential or public/quasi public uses on the Comprehensive Plan Future
Land Use Map.
· Support a variety of residential categories (low-, medium-, and high-density
single family, multi-family, townhouses, duplexes, apartments,
condominiums, etc.) for the purpose of providing the City with a range of
affordable housing opportunities (Chapter VII, Goal IV, Objective C, Action
10)
The subject property is designated Low-Density Residential on the Future
Land Use Map which identifies this area as an appropriate area for low-
density residential development. This proposal meets the Comprehensive
Plan definition of low-density, with a gross density of 2.60 dwelling units per
acre.
· Require street connections between subdivisions at regular intervals to
enhance connectivity and better traffic flow (Chapter VI, Goal II, Objective A,
Action 6)
One stub street has been provided to large, undeveloped parcel to the north
and one stub street has been provided to the east to the adjacent parcel at the
northwest corner of Locust Grove Road and McMillan Road (see ACHD
report for details).
City Council finds that the proposed R-4 zoning designation is harmonious with
and in accordance with the Comprehensive Plan
B. Is the area included in the zoning amendment intended to be rezoned in the
future;
City Council does not anticipate that the applicant plans to rezone the subject
property in the future if the accompanying PP application is approved.
C. Is the area included in the zoning amendment intended to be developed in the
fashion that would be allowed under the new zoning -for example, a
residential area turning into a commercial area by means of conditional use
permits;
City Council finds that the proposed single-family development is allowed within
the requested R -4 zone.
D. Has there been a change in the area or adjacent areas which may dictate that
the area should be rezoned. For example, have the streets been widened, new
railroad access been developed or planned or adjacent area being developed
in a fashion similar to the proposed rezone area;
City Council finds that a substantial portion of the land in the area has been
developed (or approved for development) in a manner similar to the proposed
subdivision, with single-family dwelling units. Saguaro Canyon Subdivision to
the west was approved with a gross density of 3.09 dwelling units per acre.
Havasu Creek Subdivision, to the south, has a gross density of3.05 dwelling units
per acre (minus the future school site).
There have been no recent street improvements in the area. Locust Grove Road is
not currently scheduled within ACHD's Five Year Work Program or Capital
Improvements Plan (CIP) for roadway widening. McMillan Road is not
scheduled within ACHD's Five Year Work Program, but is included in the
current Capital Improvements Plan. According to the current CIP, McMillan
Road is anticipated to be reconstructed in 2015 to include 3 travel lanes with a 70-
foot right-of-way.
Other urban services, such as water, are near to this site and the applicant should
be able to extend such services to the site. Sanitary sewer service for this
development will be from the future North Slough Trunk - Phase II extension that
is currently scheduled to commence construction in the fall of2005. City Council
finds that the subject site is proposed for development in a fashion similar to other
properties in the area.
E. Will the proposed uses be designed, constructed, operated and maintained to
be harmonious and appropriate in appearance with the existing or intended
character of the general vicinity and that such use will not change the
essential character of the same area;
The existing character of the area will, and is, currently changing. Staff finds that
the proposed R-4 zoning and subsequent residential use proposed with the
concurrent preliminary plat is hannonious and appropriate to the intended
character of the vicinity. If this development is approved as proposed, City
Council finds that it will not significantly change existing character of the area as
noted on the Future Land Use Map in the Comprehensive Plan.
F. Will the proposed uses not be hazardous or disturbing to existing or future
neighboring uses;
Due to other existing and proposed uses near the site, City Council finds that the
proposed zoning/uses will be physically hazardous to future or existing uses or
neighbors in the area.
G. Will the area be served adequately by essential public facilities and services
such as highways, streets, police and fire protection, drainage structures,
refuse disposal, water, sewer or that the person responsible for the
establishment of proposed zoning amendment shall be able to provide
adequately any of such services;
Other urban services, such as water, are near this site and the applicant should be
able to extend such services to the site. Sanitary sewer service for this
development will be from the future North Slough Trunk - Phase II extension that
is currently scheduled to commence construction in the fall of 2005. The
applicant shall be responsible for the extension of utilities to and through this
proposed development. Sizing and routing shall be coordinated with the Public
Works Department.
On February 11, 2005, a joint agency/department comments meeting was held
with representatives of key service providers to this property. The detailed
comments and conditions from the Fire Department, Police Department, and other
agencies/departments are at the end of this report. This project was heard by the
ACHD Commission on March 2, 2005
Based on the comments received from other agencies/departments, City Council
finds that the public services listed above can be made available to accommodate
the proposed development.
H. Will not create excessive additional requirements at public cost for public
facilities and services and will not be detrimental to the economic welfare of
the community;
If approved, the developer will be financing the extension of sewer, water, public
street infrastructure, utilities and irrigation services to serve the project. The
primary public costs to serve the future residents will be fire, police, school
facilities and services. City Council finds there will not be excessive additional
requirements at public cost. Staff does not anticipate that the annexation and
zoning will be detrimental to the community's economic welfare.
I. Will the proposed uses not involve uses, activities, processes, materials,
equipment and conditions of operation that will be detrimental to any
persons, property or the general welfare by reason of excessive production of
traffic, noise, smoke, fumes, glare or odors;
City Council recognizes that traffic and noise will increase with the approval of a
development on this site; however, staff does not believe that the amount
generated will be detrimental to the general welfare of the public. Traffic
congestion is an ongoing issue for north Meridian, the resolution of which is
beyond the scope of this project. ACHD staff finds that the additional traffic
created by a revised building should not be excessive. City Council finds that
atmexation and development in accordance with current city code and the
Comprehensive Plan will not create excessive noise, smoke, fumes, glare, or
odors.
J. Will the area have vehicular approaches to the property which shall be so
designed as not to create an interference with traffic on surrounding public
streets;
The applicant is proposing to construct one public street entrance into the site
from McMillan Road and one public street entrance into the site from Locust
Grove Road. The proposed public street entrance to Locust Grove Road (East
Cedar Hills St.) offsets a previously approved public street entrance into Vienna
Woods by approximately 470 feet (measured centerline to centerline). City
Council finds that the subdivision will not create interference with traffic on the
surrounding public streets.
K. Will not result in the destruction, loss or damage of a natural or scenic
feature of major importance; and
City Council is not aware of any natural or scenic features that may be lost,
damaged or destroyed with the approval of the subject applications. The North
Slough does bisect the property and is proposed to be piped underground.
However, this facility is not considered to be a feature of "major importance" for
the community. Staff recommends that the Commission and Council reference
any public testimony that may be presented to determine whether or not the
proposed development may result in the destruction, loss or damage of a natural
or scenic feature(s) of importance of which staffis unaware. Any existing trees
larger than 4" caliper that are removed should be mitigated for, per the Landscape
Ordinance.
L. Is the proposed zoning amendment in the best interest of the City of
Meridian. (Ord. 592, 11-17-1992)?
In accordance with the findings listed above, City Council finds that the
annexation/zoning of this property, as proposed by the applicant, is in the best
interest of the City.
EXHIBIT E
Tustin Subdivision
AZ-05-002 PP-OS-OOl V AC-05-001
Preliminary Plat Findings
Meridian City Code (MCC) 12-3-3 1.2 and 12-3-5 D read as follows: "In determining the
acceptance of a proposed subdivision, the Commission/Council shall consider the
objectives of this title and at least the following:
A. The conformance of the subdivision with the Comprehensive Development
Plan;
See Annexation and Zoning Finding "A".
B. The availability of public services to accommodate the proposed
development;
City Council finds that public services are or will be available to accommodate
the proposed development. See Annexation and Zoning Finding "0".
c. The continuity of the proposed development with the capital improvement
program;
Because the developer is installing sewer, water, and utilities for the development
at their cost, City Council finds that a development on this property will not
require the expenditure of capital improvement funds.
D. The public financial capability of supporting services for the proposed
development;
City Council finds that the development will not require major expenditures for
providing supporting services. See Annexation and Zoning Finding "G".
E. The other health, safety or environmental problems that may be brought to
the Commission's attention.
City Council finds that there are not any health, safety or environmental problems
associated with this subdivision and no hazardous natural features have been
identified on the site.
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW AND
DECISION & ORDER
Request for a Variance from Meridian City Code (MCC) 12-4-5 (Block Lengths), to allow
Blocks 1, 2, and 8 to exceed the 1000-foot maximum block length, within the proposed
Tustin Subdivision, by SCS Investments, LLC.
Case No: V AR-05-002
For the City Council Hearing Date of: April 12, 2005
A. Findings of Fact
1. Hearing Facts
a. A notice of a public hearing was published for two (2) consecutive weeks prior to
the City Council public hearing, the first publication appearing and written notice
mailed to property owners or purchasers ofrecord within three hundred feet (300')
of the external boundaries of the property. The notice of public hearing before the
City Council was posted upon the property under consideration more than one week
before said hearing. All other noticing was done consistent with Idaho Code ~67-
6509.
The matter was duly considered by the City Council at the April 12, 2005, public
hearing(s). The applicant, affected property owners, and government subdivisions
providing services within the planning jurisdiction of the City of Meridian were
given full opportunity to express comments and submit evidence.
b. Written and oral testimony was received on this matter, as reflected in the records
of the City Clerk (for written testimony) and in the official meeting minutes (for
oral testimony).
c. The City Council heard and took oral and written testimony and duly considered the
evidence and the record in this matter.
2. Process Facts
a. There has been compliance with all notice and hearing requirements set forth in
Idaho Code ~67 -6509, 6512, and Meridian City Code ~ ~ 11-15-5 and 11-17-5 as
evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of
Posting filed with the staff report.
3. Application and Property Facts
a. In addition to the application and property facts noted in the staff report and the
Planning & Zoning Recommendation for the subject application(s), it is hereby
verified that the property owner of record at the time of issuance of these findings is
SCS Investments, LLC.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LA W AND DECISION & ORDER
CASE NO(S).V AR-04-008 - PAGE [ on
4. Required Findings per Zoning and Subdivision Ordinance
a. See Exhibit B for the findings required for this application.
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land
Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. ~67-
6503).
2. The Meridian City Council takes judicial notice of its Zoning, Subdivision and
Development Ordinances codified at Titles 11 and 12, Meridian City Code, and all
current zoning maps thereof. The City of Meridian has, by ordinance, established the
Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was
adopted August 6, 2002, Resolution No. 02-382 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code
~ 11-17-9.
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not
impose expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision, which
shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon
the applicant, the Planning and Zoning Department, the Public Works Department and
any affected party requesting notice.
7. That this approval is subject to the Legal Description in Exhibit A.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code 9 12-3-5 and
based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby
ordered that:
1. The applicant is hereby granted a variance to MCC 11-13-1(A) Parking and Loading
Spaces Required, in the 0- T Zone to allow for ten (10) on-street parking spaces along
N. Third Street and three (3) off-street parking spaces to fulfill the requirements of
MCC 11-13-5(B).
D. Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may
request a regulatory taking analysis. Such request must be in writing, and must be filed
with the City Clerk not more than twenty-eight (28) days after the final decision
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). V AR-04-008 - PAGE 2 of 3
concerning the matter at issue. A request for a regulatory takings analysis will toll the
time period within which a Petition for Judicial Review may be filed.
2. Please take notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code ~ 67-6521 an affected person being a person who has
an interest in real property which may be adversely affected by the issuance or denial of
the conditional use permit approval may within twenty-eight (28) days after the date of
this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho
Code.
E. Exhibits
Exhibit A: Legal Description
Exhibit B: Required Findings for Variance
By action of the City Council at its regular meeting held on the \ It)
Apn 1 ,2005.
day of
COUNCIL MEMBER SHAUN WARDLE
VOTED --1f-CL.
COUNCIL MEMBER CHRISTINE DONNELL
VOTED~(tt
COUNCIL MEMBER CHARLIE ROUNTREE
VOTED~
COUNCIL MEMBER KEITH BIRD
VOTED~
MAYOR TAMMY de WEERD
(TIE BREAKER)
and ~ty Attorney.
By: ( ()J\11lAlVv-
Ity Clerk's Office
Dated: 5 -l1-DS
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). V AR-04-008 - PAGE 3 of 3
EXHIBIT A
Tustin Subdivision Variance
V AR-05-002
Legal Description
DaLC, D<:ccmber
1TSTL'i SUBDIViSION
PRELlIUINARY PLA T DESCRIPTION
COmm~]Klng at the section comer common ,0 SectIOns 29. 30, 3l ,md 32 of sn;d
r~"LRi
and 30
Them:" North OO"LJi)'I)I)H East 451193 feet on the scction Ene common to said SectlOl1S 29
Thenct: on the e:,tenor bound3,y line of said Parcel D to, the followmg COurses ,mo
distances
fh<:ncc Nonh SS"2h'j8" West, 11594 feet,
Thence North 6YlS'[)7" \Vc"t, 29255 feet,
Thence North 90QOI)'(JO" West. 2036 feet;
fhence SoU[!l On"OO'I)I)" West. 561.53 feet,
Thence South 890';8'09" West, 820 72 feet;
T]1\:nce North OI!'OI)'ilO" East, i 3 5055 reeL
Thence South 89"13 'lj.Y Ei.lst. [156.1 J fee,;
c:ontzllllS -+-+.3',1 acr.;:;5 more or lc%
fe~[ ~G the ie-al point (rf beg-inning
Jamt:~ R. \Va~hbllrll. PLS
EXHIBIT B
Tustin Subdivision Variance
V AR-05-002
Required Findings
REQUIRED FINDINGS
According to Ordinance 11-18-1, Variances, the Council may authorize in specific
cases a variance from the terms of either the Zoning or Subdivision Ordinance.
Specifically, the Ordinance lists the following Findings (MCC11-18-3), all of which
must be determined before granting a variance:
"A. That there are such special circumstances or conditions affecting the
property that the strict application of the provisions of this Title would
clearly be impracticable or unreasonable;
The existing Larkwood Subdivision did not provide any stub streets to the east for
connection to future developments. There are two parcels to the north of the
property which are of sufficient size for re-development in the future, and the
applicant has provided a stub-street to this property. Stub streets to the east are
limited due ACHD restrictions on access and traffic problems that could occur
from additional intersections in close proximity to the intersection of Locust
Grove Road and McMillan Road.
Therefore, based on the surrounding property uses and existing street
configurations, staff finds that special circumstances exist that make strict
application of this title impractical and unreasonable.
The applicant has provided one (1) stub street to the property to the north and
one (1) stub street to the parcel to the southeast. City Council finds that
requiring additional stubs and/or connections would not be reasonable or
practical.
B. That strict compliance with the requirements of this Title would result in
extraordinary hardship to the owner, subdivider or developer because of
unusual topography, the nature or condition of adjacent development, other
physical conditions or other conditions that make strict compliance with this
Title unreasonable under the circumstances, or that the conditions and
requirements of this Title will result in inhibiting the achievements or the
objectives of this Title;
As noted above, staff finds that strict compliance with the City's Ordinances
would not be of benefit to the City, the surrounding property owners, or the
applicant. Based on the nature and location of stub streets within the adjacent
development, City Council finds that strict compliance to the MCC 12-4-5
would be unreasonable and would not result in inhibiting the objectives of the
MCC.
C. That the granting of the specified variance will not be detrimental to the
public's welfare or injurious to other property in the area in which the
property is situated;
City Council anticipates that the variance will not be detrimental to the public's
welfare or injurious to other properties in the area.
D. That such variance will not have the effect of altering the interest and
purpose of this Title and the Meridian Comprehensive Plan."
City Council finds that the issuance ofthe variance to the I,OOO-foot maximum
block length within the proposed Tustin Subdivision does not have the effect of
altering the purpose and interest of the Zoning Ordinance. The proposed
subdivision increases interconnectivity (by providing two stub streets) and
reduces traffic conflicts that could occur from additional intersections in close
proximity to the intersection of Locust Grove Road and McMillan Road.
April 8. 2005
MERIDIAN CITY COUNCIL MEETING
APPLICANT
April 12, 2005
ITEM NO.
3
REQUEST Development Monitoring Report by Steve Siddoway (Annual Growth Report - COMPAS~
AGENCY COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
01
O\S~S'Se.
Contacted:
EmaUed:
Date:
Staff Initials:
Phone:
Materials presented at public meetings shall become property of the City of Meridian.
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE
APPLICATION OF SUTHERLAND
FARM INC. FOR FINAL PLAT
APPROVAL OF 48 SINGLE-
FAMIL Y RESIDENTIAL
BUILD lING LOTS AND 2
COMMON LOTS ON 16.51 ACRES
IN AN R-4 ZONE LOCATED
SOUTH OF EAST OVERLAND
ROAD AND EAST OF SOUTH
EAGLE ROAD IN A PORTION OF
THE N Yz OF THE SW % AND THE
N Y2 OF THE SE % OF T. 3N., R. IE.,
SECTION 21
C/C April 12, 2005
CASE NO. FP-05-024
ORDER OF CONDITIONAL
APPROVAL OF FINAL PLAT
This matter coming before the City Council for Final Plat approval pursuant to
Meridian City Code ~ 12-3-7 on April 12, 2005, and the Council finding that the Administrative
Review is complete from Sonya Allen, Assistant City Planner for the Planning and Zoning
Department, and Michael Cole, Development Services Coordinator for the Public Works
Department, dated: Hearing Date: April 12, 2005, to the Mayor and Council, and the Council having
IT IS HEREBY ORDERED THAT:
considered the requirements of the preliminary plat the Council takes the following action:
1. The Final Plat of "PLAT SHOWING SUTHERLAND FARM SUBDIVISION NO.6
IN A PORTION OF THE N Y2 OF THE SW ~ AND N ~ OF THE SE ~ OF T. 3., R.
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR SUTHERLAND FARM SUBDNISION NO.6! (FP-05-024)
Page 1 of3
IE., SECTION 21, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO
2005, HANDWRITTEN DATE: 04/13/05, SHEET I OF 2, J-U-B ENGINEERS,
INC.", SUTHERLAND FARM, INC., Developer, is Conditionally Approved subject
to those conditions of Staff comments as set forth in the Memorandum to the Mayor
and City Council from Sonya Allen, Assistant City Planner for the Planning and
Zoning Department and Michael Cole, Development Services Coordinator for the
Public Works Department, dated: Hearing Date: April 12, 2005, listing 17 SITE
SPECIFIC REQUIREMENTSIFINALPLAT and 15 GENERAL REQUIREMENTS,
a true and correct copy of which is attached hereto marked Exhibit "A", and
consisting of 5pages, and by this reference incorporated herein
2. The final plat upon which there is contained the Certification and signature of the
City Clerk and the City Engineer verifying that the plat meets the City's requirements shall
be signed only at such time as:
1. The Plat dimensions are approved by the City Engineer; and
2. The City Engineer has verified that all off-site improvements are completed
and/or the appropriate letter of credit or cash has been issued guaranteeing the
completion of off-site and required on-site improvements.
NOTICE OF FINAL ACTION
AND RIGHT TO REGULATORY TAKINGS ANALYSIS
The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may
request a regulatory taking analysis. Such request must be in writing, and must be filed with the City
Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR SUTHERLAND FARM SUBDNISION NO.6! (FP-05-024)
Page 2 of3
request for a regulatory takings analysis will toll the time period within which a Petition for Judicial
Review may be filed.
Please take notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code ~ 67-6521. An affected person being a person who has an interest
in real property which may be adversely affected by this decision may, within twenty-eight (28) days
after the date of this decision and order, seek ajudicial review as provided by Chapter 52, Title 67,
Idaho Code.
By action ofthe City Council at its regular meeting held on the 12* day
of I+rn \
,2005.
Attest:
partment, Public Works Department, and
Copy served upon Applicant, the Plann
City Attorney.
B~ 1tJIf) ~
City Clerk's Office
Dated: 4 '-29 .- 0 ~
ORDER OF CONDITIONAL AFPROV AL OF FINAL PLAT
FOR SUTHERLAND FARM SUBDIVISION NO.6! (FP-05-024)
Page 3 of3
MAYOR
Tammy de WeeI'd
"
\)
V
~I
/
PUBLIC WORKS
BUILDING DEPARTMENT
(208) 898-5500 . Fax (208)898-9551
PLANNING AND ZONING
DEPARTMENT
(208) 884-5533. FAX 888-6854
CITY COUNCIL MEMBERS
Keith Bird
Christine Donnell
Shaun Wardle
Charles M. Rountree
STAFF REPORT:
Hearing Date: April 12, 2005
To: Mayor, City Council and Planning & Zoning Commission
From: Sonya Allen, Assistant City Planner,J-1
Michael Cole, Development Services Coordinator r'Y\ C
Re: Sutherland Farm Subdivision No.6
Request for Final Plat Approval of Forty-eight (48) Single-family Residential
Building Lots and Two (2) Common Lots on 16.51 Acres in an R-4 Zone for
Sutherland Farm Subdivision No.6, by Sutherland Farm, Inc. (File No. FP-05-
024)
We have reviewed the above-referenced submittal and offer the following comments, as
conditions of approval. These conditions shall be considered in full, unless expressly
modified or deleted by motion of the Meridian City Council:
APPLICATION SUMMARY & LOCATION
The applicant, Sutherland Farm, Inc., has requested approval for the sixth phase of Sutherland
Farm Subdivision. This phase consists of 48 single-family residential building lots and 2
cOllliUon area lots on 16.51 acres in an R-4 zone. The gross density of Phase No. 6 is
approximately 2.90 dwelling units/acre. The net density is approximately 3.65 dwelling
units/acre.
Sutherland Farm Subdivision No.6 is located approximately Y2 mile east of S. Eagle Road and 12
mile north ofE. Victory Rd., in the S 12 of Section 21, T.3N., R.1E.
The final plat that was submitted substantially complies with the approved preliminary plat.
Staff recommends approval of the sixth phase of Sutherland Farm Subdivision with the
comments and conditions stated in this report.
FP-05-024
Exhibit "A"
Sutherland Fann Sub6 FP.doc
Mayor & City Council
Hearing Date: April 12, 2005
Page 2
SITE SPECIFIC REOUIREMENTS/FINAL PLAT
1. Applicant shall meet all tenns of the approved Annexation (AZ-02-004), Development
Agreement (Inst. #102143307), Preliminary Plat (PP-02-004), and Plaooed Development
(CUP-02-005) for this development.
2. The pressurized irrigation system within this development is to be owned and maintained
by the Nampa & Meridian Irrigation District. The City of Meridian requires that
pressurized irrigation systems be supplied by a year-round source of water. If a creek or
well source is not available, a single-point connection to the culinary water system shall
be required. If a single-point connection is utilized, the developer shall be responsible for
the payment of assessments for the common areas prior to signature on the final plat by
the Meridian City Engineer.
3. All fencing must be in compliance with MCC 12-4-10 and 12-13-15-9.
Temporary construction fencing to contain debris shall be installed around the boundaries
of this phase unless permanent fencing already exists around the subdivision boundary.
4. Sanitary sewer service to this site shall be via mainline extension from main lines
installed in previous phases. Applicant will be responsible to construct the sewer mains to
and through this proposed development. Subdivision designer to coordinate main sizing
and routing with the Public Works Department.
5. Municipal water service to this site shall be via main line extensions from main lines in
previous phases. Applicant will be responsible to construct the water mains to and
through this proposed development. Subdivision designer to coordinate main sizing and
routing with the Public Works Department.
6. Applicant shall be required to pay Public Works development plan review, and
construction inspection fees, as determined during the plan review process, prior to
signature on the final plat per Resolution 02-374.
7. Please submit all updated groundwater/soils monitoring data to the Public Works
Department for review. Any drainage areas (detention/retention basins) must be designed
to ensure that water is retained only during 100-year storm events, and for a period of
time not to exceed 24 hours. Side sLopes within drainage areas shall not exceed 3: 1. Any
portion of a drainage area not improved with sod/grass seed (or other approved
landscaping) shall not count towards the required open space area. The project engineer
should pay close attention to the results of field studies determining the groundwater, soil
type & and characteristics during the design and construction phases. The engineer shall
be required to certify that the street centerline elevations are set a minimum of 3-feet
above the highest established normal groundwater elevation. This is to ensure that the
bottom elevation of the crawl spaces of homes is at least I-foot above.
8. Developer shall coordinate mailbox locations with the Meridian Post Office.
FP-05.024
Exhibit "A"
Sutherland Farm Sub6 FP.doc
Mayor & City Council
Hearing Date: April 12, 2005
Page 3
9. Complete the Certificate of Owners and its accompanying Acknowledgement.
10. Complete the book and page numbers for the existing plats of record shown on the face
of the plat.
11. Please confirm the basis of bearing is to the NAD83 Datum.
12. The graphically depicted 5-foot wide easement shown along the north side of Lot 14,
Block 16 needs to be graphically depicted as an 8-foot wide public utilities, drainage, and
irrigation easement. The extra width is needed for an irrigation main.
13. Graphically depict an 8-foot wide public utilities, drainage, and irrigation easement on
the north lot line of Lot 6, Block 17; Lot 27 and Lot 10, Block 18. The extra width is
needed for an irrigation main.
14. Graphically depict a 16-foot wide public utilities, drainage, and irrigation easement on
the south side of Lots 5-11, Block 16. The extra width is needed for two irrigation mains.
15. Please revise the Landscape Plan dated 1/26/05, prepared by South Landscape
Architecture as follows:
a. Include 6-ft tall solid fencing to match previous phases around the eastern &
southern subdivision boundary.
16. Please add or revise the following plat notes on the plat dated 2/16/05:
(1.) Revise as follows: "Building setbacks and dimensional standards in this
subdivision shall be in compliance with tHe ap13liea\:Jle ZSfliFlg regHlatisFls sf the
Cit) sf r feriEiian, Iflahe. Title 11 and Title 12 of the Meridian Citv Code unless
otherwise modified bv Conditional Use Permit rCUP-02-005)."
(3.) ...public right-of-way, rear lot lines and the exterior boundary...
(10.) Complete recording infonnation.
13. Staffs failure to cite specific ordinance provisions or terms of the approved Annexation,
Preliminary Plat, Conditional Use Permit or Development Agreement does not relieve
Applicant of responsibility for compliance.
GENERAL REOUIREMENTS
1. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting,
crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per
City Ordinance 12-4-13. Plans will need to be approved by the appropriate
irrigation/drainage district, or lateral users association, with written confirmation of said
approval submitted to the Public Works Department.
FP-OS-024
Exhibit "A"
Sutherland Faml Sub6 FP.doc
Mayor & City Council
Hearing Date: April 12, 2005
Page 4
2. Any existing domestic wells and/or septic systems within this project will have to be
removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells
may be used for non-domestic purposes such as landscape irrigation.
3. Street signs are to be in place, water system shall be approved and activated, fencing
installed, drainage lots constructed, road base approved by the Ada County Highway
District and the Final Plat for this subdivision shall be recorded, prior to applying for
building permits.
4. All development improvements, including sewer, fencing, micro-paths, pressurized
irrigation and landscaping shall be installed and approved prior to obtaining certificates
of occupancy.
5. A letter of credit or cash surety in the amount of 110% will be required for all fencing,
landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to
signature on the final plat.
6. One-Hundred watt (100w), high-pressure sodium streetlights will be required at locations
designated by the Public Works Department. All streetlights shall be installed at
subdivider1s expense. Typical locations are at street intersections and/or fire hydrants.
Final design locations and quantity are determined after power designs are completed by
Idaho Power Company. Street light contractor to obtain design and permit from the
Public Works Department prior commencing installations.
7. Compaction test results must be submitted to the Meridian Building Department for all
building pads receiving engineered backfill, where footing would sit atop fill material.
8. Submit "Final" letter from the Ada County Street Name Committee, approving the
subdivision and street names. Make any corrections necessary to conform.
9. Applicant's engineer will be required to submit a signed, stamped statement certifying
that all street finish centerline elevations are set a minimum of three feet above the
highest established normal groundwater elevation.
10. Coordinate fire hydrant placement with the City of Meridian's Water Deputy Fire Chief
and the Public Works Department.
11. Provide five-foot-wide sidewalks in accordance with City Ordinance Section 12-5-2.K.
Sidewalks are to provide a clear five-foot-wide walkway pathway without encroachment
of mailbox structures.
12. All development shall comply with the Americans with Disabilities Act and the Fair
Housing Act.
13. Applicant shall be responsible for application and compliance with any Section 404
Permitting that may be required by the Army Corps of Engineers.
Fp.05-024
Exhibit "A"
Sutherland Fann Sub6 FP.doc
Mayor & City Council
Hearing Date: April 12, 2005
Page 5
14. Applicant shall be responsible for application and compliance with and NPDES
Permitting that may be required by the Environmental Protection Agency.
15. No building permits shall be issued within the development until a final plat has been
recorded for this subdivision.
RECOMMENDATION
Staffrecommends approval of the final plat for Sutherland Farm Subdivision No.6 with the
above stated comments and conditions.
FP-05-024
Exhibit "A"
Sutherland Farm Sub6 FP.doc
(
** TX CONFIR~IHTION REPORT **
I ~
AS OF APR 08 '05 18: 18 PAGE. 131
CITY OF MERIDIAN
DATE Tl ME TO/FROM MODE M I N/SEC PGS CMD1:f STATUS
27 04/08 18: 06 38113160 EC--S 01' 37" 003 250 OK
28 134/08 18:08 PUBLlC WORKS EC--S 013'57" 003 250 OK
29 04/08 18: 113 12084664405 EC--S 013'59" 003 2513 OK
30 134/08 18: 13 8841159 EC--S 00'58" 003 2513 OK
31 04/08 18: 16 2088840744 EC--S ~~:~~:: ~~; ~;~ g~
---_::_--~~~~~_.:~~=~-~~:~=:_~:~~----------_:===:_-------------------------------------------
\./\C~e Vo;-\- -!-tv Yltb\\t N&rtcc- ~
CITY OF MERIDIAN
CITY COUNCIL REGULAR MEETING
AGENDA
Tuesday, Apri/12, 2005 at 7;00 p.m.
City Council Chambers
1. Roll-call Attendance:
Shaun Wardle _ Christine Donnen
~ Charlie Rountree Keith Bird
- _MayorTamm~eerd
2. Pledge of Allegiance:
3. Community Invocation by Bart Coleman 81. Luke's Chaplain;
4. Adoption of the Agenda:
5. Consent Agenda:
A. Approve Minutes of March 15, 2005 Pre-COuncil Meeting:
B. Approve Beer Wine and Llauor License Renewals:
Alhertsons #164 - Beer & Wine
Albertsons #180 - Beer & Wine
A New Vintage Wine Shop - Beer & Wine
Hark's Corner- Beer & Wine
Dancing Dog Coffee House - Beer & Wine
Whitewater Pizza & Pasta - Beer & Wine
Wingers - Beer & Wine
JB's Restaurant - Beer & Wine
Vina Chinese Restaurant - Beer & Wine
Wal.Mart Store - Beer & Wine
Andrade's - Beer & Wine
C. Water Main Easement for Trout Weeks & Nemec law Office by
EIG Commercial, llC:
D. Water Line Easement for Julie Subdivision (Church Property):
E. Water Main Easement for Church PrODertl( (proposed Julie
SUbdivision) by Church of Jesus Christ of Latter Day Saints:
Mcridi:lll c."Ly C<lun.il Agenda -Janu:\l)' ]4.2003 Page 1 eO
AJI m~torials pW..",tci or public m~eL;ng~ shall become propel'ly of the City ofMericlion.
AllYOM d",;ring aCCOml'nadation fur disabilil;'" rel.lcd 10 """"mcms andlor hoaring
plC;lSe conlllot rho City Clctk.~ Office al 8SB-4433 al l(';\Sl48 hOUlS plior 10 the public lilo:cl;ng.
CITY OF MERIDIAN
DATE TIME TO/FROM MODE MIN/SEC PGS CMDll STATUS
e2 e"I/El8 18: 2e 89855131 EC--S 130'57" 1303 250 OK
03 134/138 18:23 LIBRARY EC--S 131' 15" 0133 2513 OK
04 04/08 18: 26 92083776449 EC--S 00'57" 003 250 OK
05 04/138 18: 27 3886924 EC--S 130'57" 003 250 OK
la7 04/€l8 18:31a P-AND-Z EC--S €l1a'58" €lla3 251a OK
09 €l4/08 18: 32 2138 895 0390 EC--S 00'57" 003 2513 OK
10 04/08 18:35 208 387 6393 EC--S 00' 57" 003 250 OK
11 04/€l8 18:37 ADA CTV DEVELMT EC--S €l0'58" 003 25e OK
12 04/e8 18: 39 CHERRY LRNE G3--S 01'52" 003 250 OK
13 e4/08 18'42 IDAHO ATHLETIC C EC--S 01a' 57" 003 250 OK
14 04/€l8 18: 43 I D PRESS TR I BUNE EC--S 130'58" €l03 250 OK
15 la4/08 18:45 2088886701 EC--S 00'57" 003 251a OK
16 04/08 19' 131 CHAMBER-COMMERCE ----S 013' la0" 0130 250 BUSY
17 04/138 19:02 SANITARY SERVICE ----5 00'00" 0e0 250 BUSY
THIS DOCUMENT IS STILL IN MEMORY
-....------.....-....-------.....-------------...-------------....-----------.....-....-----....------...--------.-.....-----------
\1case Vo;+w 'V(-lbt,c. N&tcc- ~
CITY OF MERIDIAN
CITY COUNCIL REGULAR MEETING
AGENDA
Tuesday, April 12, 2005 at 7:00 p.m.
City Council Chambers
1. Roll-call Attendance:
- Shaun Wardle _ Christine Donnell
- Charlie Rountree Keith Bird
- Mayor Tammy de Weerd
2. Pledge of AllegiancE!:
3. Community Invocation by Bart Coleman Sl Luke's Chaplain:
4. AdoptiDn ofthe Agenda:
5. Consent Agenda:
A. Approve Minutes of March 15,2005 Pre-Council Meeting:
B. Approve Be!'!r Wine and Llauor License Renewals;
Albertsons #164 - Beer & Wine
Albertsons #180 - Beer & Wine
A New Vintage Wine Shop - Beer & Wine
Hark's Corner - Beer & Wine
Dancing Dog Coffee House - Beer & Wine
Whitewater Pizza & Pasta - Beer & Wine
Wingers - Beer & Wine
JB's Restaurant - Beer & Wine
Vina Chinese Restaurant - Beer & Wine
Wal-Mart Store - Beer & Wine
Andrade's - Beer & Wine
C. Water Main Easement for Trout Weeks & Nemec Law Office by
EIG Commercial, LLC:
D. Water l.ine Easement for Julie Subdivision (Church Property):
E. Water Main Easement for Church ProDertl( (proposed Julie
Subdivision) by Chureh of Jesus Christ of Latter Day Saints:
,~:E4?i~~~~3rr::~"~~t..
CITY OF MERIDIAN
'02 ~~~il i~~;9 9208377~~~~ROM ~~~~S M~~;~;: 'OPJ:GS ~~~~ Sb~TUS
83 '04/11 14:583886924 EC--S '01''05'' '004 0'08 OK
~~ ::;:~ ::;;~ ~~~N~~~ '039'0 ~~==~ :~::;:; ::: ::~ ~~
'06 04/11 14:562'08 3876393 EC--S '01''04'' '004 008 OK
107 04/11 14: 58 ADA CTY DEVELMT EC--S '01' '06" 004 '0'08 OK
es '04/11 15:01 CHERRY LRNE G3--S 02'19" '0'04 'Oee OK
09 '04/11 15'04 IDAHO ATHLETIC C EC--S 01'10" 0'04 008 OK
10 84/11 15: 05 lD PRESS TRIBUNE EC--S 01' 109" 804 1008 OK
11 04/11 15:132088886701 EC--S '01''09'' 0'04 008 OK
12 '04/11 15'23 CHAMBER-COMMERCE ----5 '0'0'00" 0'00 008 BUSY
13 'O.::l/11 15:24 SANITARY SERVICE ----5 E1E1'0E1" eEl0 E1e8 BUSY
-----------------------------~~~:_~~=~~~~~-~:_=~==-~~-~:~~~-------------------------------
J ICU:'C: fo,':,t TtY' nA..b\ ~ c.... \'-'Vl\l...-C - 11lU" \.t.,s '..!
Rev;sed 4-11-05
CITY OF MERIDIAN
CITY COUNCIL REGULAR MEETING
AGENDA
Tuesday, April 12, 2005 at 7:00 p.m.
City Councll Chambers
1. Roll-call Attendance:
Shaun Wardle _ Christine Donnell
- Charlie Rountree Keith Bird
- _ Mayor TammYd'eWeerd
2. Pledge of Allegiance:
3. Community Invocation by Bart Coleman St. Luke's Chaplain:
4. Adoption of the Agenda:
S. Consent Agenda:
A. Approve Minutes of March 15, 2005 Pre-Council Meeling:
B. Approve Beer Wine and liauor license Renawals:
Albertsons #164 - Beer & Wine
Albertsons #180 - Seer & Wine
A New Vintage Wine Shop - Beer & Wine
Hark's Corner - Beer & Wine
Dancing Dog Coffee House - Beer & Wina
Whitewater Piua & Pasta - Seer & Wine
Wingers - Beer & Wine
JB's Restaurant - Beer & Wine
Vina Chinese Restaurant - Beer & Wine
Wal~Mart Store - Beer & Wine
Andrade's - Beer & Wine
C. Water Main Easement for Trout Weeks & Nemec Law Office by
EIG Commercial, LLC:
E. Water Main Easement for Church ProDertv (proposed Julie
Subdivision) by Church of Jesus Christ of Latter Day Saints:
O. Water Une Easement for Julie Subdivision (Church Property);
Maidj"" Ciry Council Agend> - J'''''''1)I14. 201JJ .P;,ge I of 4
All JlI;llrn.l$ J1f<:'mtod aI pub I;. moctings <lull beCome P"'l'ol1y ofrh. City ofMtridi.n
Anyone dosiril\g :>coomJl1od.tioo furdisabj!ilj"" >ci.red ro dOClUll""" >ndIor bearing
pl<O$c CO"tact lhe Cily CIoIk's Office", 888.4433 nr Je3$148 ho"", prior [0 lhe public m<ctl~g.
** TX CONF I RMATI ON REPORT ** AS OF APR 12 '05 23: 30 PAGE. 01
CITY OF MERIDIAN
DATE TIME TO/FROM MODE M I N/SEC PGS CMDt:t STATUS
06 04/12 23: 03 3810160 EC--S 01' 06" 002 024 OK
07 04/12 23: 04 PUBLI C lJORKS EC--S 00' 41" 002 024 OK
08 04/12 23: 05 12084664405 EC--S 00' 41" 002 024 OK
09 04/12 23: 07 8841159 EC--S 00'40" 002 024 OK
10 04/12 23: 08 2088840744 EC --S 00' 41" 002 024 OK
11 04/12 23: 09 POLICE DEPT EC--S 00' 39" 002 024 OK
12 04/12 23: 10 8985501 EC--S 00' 40" 002 024 OK
13 04/12 23: 11 LIBRARY EC--S 00' 51" 002 024 OK
14 04/12 23: 13 92083776449 EC--S 00'40" 002 024 OK
15 04/12 23: 14 3886924 EC--S 00' 40" 002 024 OK
16 04/12 23: 15 P-AND-Z EC--S 00' 40" 002 024 OK
17 04/12 23: 16 208 895 0390 EC--S 00'39" 002 024 OK
18 04/12 23: 17 128300040 G3--S 00' 51" 002 024 OK
19 04/12 23: 19 208 387 6393 EC--S 00'40" 002 024 OK
20 04/12 23: 20 ADA CTY DEUELMT EC --S 00' 41" 002 024 OK
21 04/12 23:21 8885052 EC--S 00' 40" 002 024 OK
22 04/12 23: 23 CHERRY LANE G3--S 00' 01" 000 024 INC
23 04/12 23: 24 CHERRY LANE G3--S 00' 02" 000 024 INC
24 04/12 23: 25 CHERRY LANE G3--S 00' 01" 000 024 INC
25 04/12 23: 25 CHERRY LANE G3--S 00' 34" 000 024 INC
26 04/12 23:26 IDAHO ATHLETIC C EC --S 00' 41" 002 024 OK
27 04/12 23: 28 ID PRESS TRIBUNE EC--S 00'40" 002 024 OK
28 04/12 23:29 2088886701 EC--S 00' 40" 002 024 OK
TH I S DOCUMENT IS STI LL I N MEMORY
------.....-----------------.....----------------------------------------.....-------------....-......--------------
Revised 4-11-05
CITY OF MERIDIAN
CITY COUNCIL REGULAR MEETING
AGENDA
Tuesday, April 12, 2005 at 7:00 p.m.
City Council Chambers
1. Roll-call Attandance:
----L- Shaun Wardle 0 Christine Donnell
--X-- Charlie Rountree -L Keith Bird
~ Mayor Tammy de Weerd
2. Pledge of Allegiance:
3. Community Invocation by Bart Coleman 51. Luke's Chaplain:
4. Adoption of the Agenda: Approve. as Am'cY\Li.Q..cA
P\Cv\St PO{' -9vY ?0.b\ \ t N6tt c( - 1h~'IIJS
CITY OF MERIDIAN
CITY COUNCIL REGULAR MEETING
AGENDA
Tuesday, April 12, 2005 at 7:00 p.m.
City Council Chambers
1. Rolf-call Attendance:
Shaun Wardle Christine Donnell
Charlie Rountree Keith Bird
_ Mayor Tammy de Weerd
2. Pledge of Allegiance:
3. Community Invocation by Bart Coleman St. Luke's Chaplain:
4. Adoption of the Agenda:
5. Consent Agenda:
A. Approve Minutes of March 15, 2005 Pre-Council Meeting:
B. Approve Beer. Wine. and Liauor License Renewals:
Albertsons #164 - Beer & Wine
Albertsons #180 - Beer & Wine
A New Vintage Wine Shop - Beer & Wine
Hark's Corner - Beer & Wine
Dancing Dog Coffee House - Beer & Wine
Whitewater Pizza & Pasta - Beer & Wine
Wingers - Beer & Wine
JB's Restaurant - Beer & Wine
Vina Chinese Restaurant - Beer & Wine
Wal-Mart Store - Beer & Wine
Andrade's - Beer & Wine
C. Water Main Easement for Trout. Weeks & Nemec law Office by
EIG Commercial, llC:
D. Water line Easement for Julie Subdivision (Church Property):
E. Water Main Easement for Church Prooertv (proposed Julie
Subdivision) by Church of Jesus Christ of latter Day Saints:
Meridian City Council Agenda - JanualY 14,2003 Page 1 of 3
All materials presented at public meetings shall become propelty of the City of Meridian.
Anyone desiring acconunodation for disabilities related to documents and/or hearing
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
F.
Resolution No.
New Fees:
Parks and Recreations
G. Resolution No. : V AC 05-002 Request
for a Vacation of existing power lines, sewer, irrigation and storm
water drainage easements for Boise Vallev Commons by CSHQA
- 2400 East Overland Road:
H. Well 20B - Construction Services Aareement with CH2M Hill:
6. Department Reports:
A. Mayor's Office
1. Employee Service Awards:
2. Farmers and Merchants State Bank Old Bank Buildina:
3. Appointment of Youth Member to Parks and Recreation
Commission:
B. Fire Department - Chief Ron Anderson
1. Memorandum of Understanding for Local Union to test
for the position of driver:
7. (Items Moved from Consent Agenda)
8. FP 05-024 Request for Final Plat approval for 48 single-family bUilding lots
and 2 common lots on 16.51 acres in a R-4 zone for Sutherland Farm
Subdivision No.6 by Sutherland Farm, Inc. - south of East Overland
Road and east of South Eagle Road:
"Although the City of Meridian no longer requires sworn testimony, all
presentations before the Mayor and City Council are expected to be truthful and
honest to best of the ability of the presenter. "
9. Public Hearing: VAR 05-002 Request for a Variance for reduced block
lengths for Blocks 1, 2 and 8 of the proposed Tustin Subdivision by SCS
Investments, LLC - northwest corner of East McMillan Road and North
Locust Grove Road:
10. Public Hearing: VAC 05-001 Request to Vacate East Manderly Lane
and a 3D-foot wide agricultural easement, both being one and the same as
shown on the plat of Larkwood Subdivision, at the north boundary line of
Meridian City Council Agenda - January 14,2003 Page 2 of 3
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accorrunodation for disabilities related to documents and/or hearing
please contact the City Clerk's Office at 888-4433 at least 48 hours plioI' to the public meeting.
Lot 13, Block 2 for Tustin Subdivision by SCS Investments, LLC _
northwest corner of East McMillan Road and North Locust Grove Road:
11. Public Hearing: AZ 05-002 Request for Annexation and Zoning of 45.88
acres from RUT to R-4 zones for proposed Tustin Subdivision by SCS
Investments, LLC - northwest corner of East McMillan Road and North
Locust Grove Road:
12. Public Hearing: PP 05-003 Request for Preliminary Plat approval of 115
building lots and 26 common lots on 44.39 acres in a proposed R-4 zone
for proposed Tustin Subdivision by SCS Investments, LLC - northwest
corner of East McMillan Road and North Locust Grove Road:
13. Public Hearing: AZ 05-003 Request for an Annexation and Zoning of
76.72 acres to a R-3 zone for Kinasbridae Subdivision by Vision First,
LLC - 4070 South Eagle Road:
14. Public Hearing: PP 05-004 Request for Preliminary Plat approval for 130
single-family residential building lots and 3 common lots on 76.72 acres in
a proposed R-3 zone for Kinasbridae Subdivision by Vision First, LLC _
4070 South Eagle Road:
15. Public Hearing: CUP 05-004 Request for a Conditional Use Permit for a
Planned Development consisting of single-family residential lots in a
proposed R-3 zone with reductions to the minimum requirements for street
frontage and request to exceed the maximum block length allowed for
Kinasbridae Subdivision by Vision First, LLC - 4070 South Eagle Road:
16. Ordinance No. Licensed Alcohol
Establishments and Prohibitina Two License Establishments within
the Same Premise: (First Reading - Public Comment will be
Accepted)
17. Ordinance No.
Proaram:
Solid Waste Collection
18. Ordinance No. AZ 04-035 Request for
Annexation and Zoning of 5.01 acres from RUT to R-4 zone for Klamath
Basin Subdivision by Randy by Worden - 4625 West Ustick Road:
19. Ordinance No. AZ 04-034 Request for
Annexation and Zoning of 19.63 acres from a RUT zone to a R-8 zone for
Hacienda Subdivision by Jayo Construction - 6000 North Meridian
Road:
Meridian City Council Agenda -January 14,2003 Page 3 on
All materials presented at public meetings shall become property ofthe City of Meridian.
Anyone deshing accOlmnodatioll for disabilities related to documents and/or hearing
please contact the City Clerk's Office at 888-4433 at least 48 hours Pliorto the public meeting.
p\fQse ?ql ~~ ?UJD\ i C-- \'JottlL- -1 \rtrCl.\'\t s\]
Revised 4-11-05
CITY OF MERIDIAN
CITY COUNCIL REGULAR MEETING
AGENDA
Tuesday, April 12, 2005 at 7:00 p.m.
City Council Chambers
1. Roll-call Attendance:
Shaun Wardle Christine Donnell
Charlie Rountree Keith Bird
_ Mayor Tammy de Weerd
2. Pledge of Allegiance:
3. Community Invocation by Bart Coleman St. Luke's Chaplain:
4. Adoption of the Agenda:
5. Consent Agenda:
A. Approve Minutes of March 15,2005 Pre-Council Meeting:
B. Approve Beer. Wine. and Liauor License Renewals:
Albertsons #164 - Beer & Wine
Albertsons #180 - Beer & Wine
A New Vintage Wine Shop - Beer & Wine
Hark's Corner - Beer & Wine
Dancing Dog Coffee House - Beer & Wine
Whitewater Pizza & Pasta - Beer & Wine
Wingers - Beer & Wine
JB's Restaurant - Beer & Wine
Vina Chinese Restaurant - Beer & Wine
Wal-Mart Store - Beer & Wine
Andrade's - Beer & Wine
C. Water Main Easement for Trout. Weeks & Nemec Law Office by
EIG Commercial, LLC:
D. Water Line Easement for Julie Subdivision (Church Property):
E. Water Main Easement for Church Prooertv (proposed Julie
Subdivision) by Church of Jesus Christ of Latter Day Saints:
Meridian City Council Agenda -January [4,2003 Page I of4
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearing
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
Revised 4-11-05
F.
Resolution No.
New Fees:
Parks and Recreations
G. Resolution No. : V AC 05-002 Request
for a Vacation of existing power lines, sewer, irrigation and storm
water drainage easements for Boise Vallev Commons by CSHQA
- 2400 East Overland Road:
H. Well20B - Construction Services Aareement with CH2M Hill:
6. Department Reports:
A. Mayor's Office
1. Employee Service Awards:
2. Farmers and Merchants State Bank Old Bank Buildina:
3. Appointment of Youth Member to Parks and Recreation
Commission:
B. Fire Department - Chief Ron Anderson
1. Memorandum of Understanding for Local Union to test
for the position of driver:
C. Planning and Zoning Department - Anna Powell
1. Request for Clarification and Permission for Dean
Langley Development Agreement:
7. (Items Moved from Consent Agenda)
8. FP 05-024 Request for Final Plat approval for 48 single-family building lots
and 2 common lots on 16.51 acres in a R-4 zone for Sutherland Farm
Subdivision No.6 by Sutherland Farm, Inc. - south of East Overland
Road and east of South Eagle Road:
"Although the City of Meridian no longer requires sworn testimony, alf
presentations before the Mayor and City Council are expected to be truthful and
honest to best of the ability of the presenter. "
9. Public Hearing: VAR 05-002 Request for a Variance for reduced block
lengths for Blocks 1, 2 and 8 of the proposed Tustin Subdivision by SCS
Investments, LLC - northwest corner of East McMillan Road and North
Locust Grove Road:
Meridian City Council Agenda - JanualY 14,2003 Page 2 of 4
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearing
please contact the City Clerk's Office at 888-4433 at least 48 hours pilor to the public meeting.
Revised 4-11-05
10. Public Hearing: VAC 05-001 Request to Vacate East Manderly Lane
and a 3D-foot wide agricultural easement, both being one and the same as
shown on the plat of Larkwood Subdivision, at the north boundary line of
Lot 13, Block 2 for Tustin Subdivision by SCS Investments, LLC _
northwest corner of East McMillan Road and North Locust Grove Road:
11. Public Hearing: AZ 05-002 Request for Annexation and Zoning of 45.88
acres from RUT to R-4 zones for proposed Tustin Subdivision by SCS
Investments, LLC - northwest corner of East McMillan Road and North
Locust Grove Road:
12. Public Hearing: PP 05-003 Request for Preliminary Plat approval of 115
building lots and 26 common lots on 44.39 acres in a proposed R-4 zone
for proposed Tustin Subdivision by SCS Investments, LLC - northwest
corner of East McMillan Road and North Locust Grove Road:
13. Public Hearing: AZ 05-003 Request for an Annexation and Zoning of
76.72 acres to a R-3 zone for Kinasbridae Subdivision by Vision First,
LLC - 4070 South Eagle Road:
14. Public Hearing: PP 05-004 Request for Preliminary Plat approval for 130
single-family residential building lots and 3 common lots on 76.72 acres in
a proposed R-3 zone for Kinasbridae Subdivision by Vision First, LLC _
4070 South Eagle Road:
15. Public Hearing: CUP 05-004 Request for a Conditional Use Permit for a
Planned Development consisting of single-family residential lots in a
proposed R-3 zone with reductions to the minimum requirements for street
frontage and request to exceed the maximum block length allowed for
Kinasbridae Subdivision by Vision First, LLC - 4070 South Eagle Road:
16. Ordinance No. Licensed Alcohol
Establishments and Prohibitina Two License Establishments within
the Same Premise: (First Reading - Public Comment will be
Accepted)
17. Ordinance No.
Proaram:
Solid Waste Collection
18. Ordinance No. AZ 04-035 Request for
Annexation and Zoning of 5.01 acres from RUT to R-4 zone for Klamath
Basin Subdivision by Randy by Worden - 4625 West Ustick Road:
19. Ordinance No. AZ 04-034 Request for
Annexation and Zoning of 19.63 acres from a RUT zone to a R-8 zone for
Meridian City Council Agenda - January 14,2003 Page 3 of 4
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring acconunodation for disabilities related to documents and/or healing
please contact the City Clerk's Office at 8884433 at least 48 hours prior to the public meeting.
Revised 4-11-05
Hacienda Subdivision by Jayo Construction - 6000 North Meridian
Road:
Meridian City Council Agenda ~January 14,2003 Page4 of 4
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearing
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.