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HomeMy WebLinkAbout2005-03-15 (""" . ( CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Tuesday, March 15, 2005 at 6:30 p.m. City Council Chambers 1. Roll-call Attendance: X Shaun Wardle X Christine Donnell X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd 2. Adoption of the Agenda: Approve 3. Update on Space Analysis and Concept Plan for the Water Division: Presented *Approximate allowable time set for agenda item may change depending on discussion. Please use the designated minutes as a guideline only. Meridjan City Pre-Council Agenda - March 15, 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, March 15, 2005 at 6:30 p.m. City Council Chambers 1. Roll-call Attendance: X Shaun Wardle X Christine Donnell I Charlie Ro ntree )( Keith Bird Mayor Tammy de Weerd 2. Adoption of the Agenda: ~()~ 3. Update on Space Analysis and Concept Plan for the Water Division: ~~ it Approximate allowable time set for agenda item may change depending on discussion. Please use the designated minutes as a guideline only. Meridian C~y Pre-Council Agenda - March 15_ 2005 Page 1 of 1 All materials presented at public meetings shall become property of the City of Meridian. 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March 11, 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT March 15, 2005 ITEM NO. 3 REQUEST Update on Space Analysis and Concept Plan for the Water Division 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: SEITLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian., ~ t ~ ~ ~ l} , , ~ ~ ~ ~ t ~ ( ;RECEIVED t~AR 1 4 2005 City of Meridian City Clerk Office Meridian Water Division Facility Requireme.nts Analysis Project Prepared by BRS Architects Februrary 16,2005 CLINTON M4I YAKA 1010 s~ Allante Place~ Suite 100 Boise, Ida/to 83709 Telephone 208 336-8370 Fa.t 208 336.8380 IV W w. brsarc/l itec ts~ cOIn cl in t on@brsarchiteets.com ~~ &~ ~ . fijj( ~ t t ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ w ~ c o wen .S: o '- Q) ro 5; c co :0 .;:: Q) ~ *+- o o <3 ~ .... 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CONCEPTUAL ESTIMATE Project Name Meridian Public Works Water Division Main Building 10,630 sf 2200 Earthwork 3300 Cast In Place Concrete 4200 Unit Masonry 5100 MetaJs 6100 Carpentry 6400 Architectural Woodwork 7200 Building Insulation 7240 EIFS 7 400 Manufactured Roofing 7 460 siding 7500 Single Ply Membrane Rfg. 8100 Metal Doors & Frames 8200 Wood Doors~ H.M. Frames 8300 Overhead Doors 8400 Entrances & Storefronts 9250 Gypsum Board Assemblies 9300 Tile 9500 Acoustical 9650 Resilient Flooring 9680 Carpet 9900 Painting 10150 Toilet Compartments 1 0500 Lockers 10800 Toilet & Bath Accessories 15300 Fire Protection 15400 Plumbing 15500 HVAC 16000 Electrical Main Building Total Storage Bldgs. 10,970 sf 3300 Cast In Place Concrete 13212 PreEngineered Steel Structures Storage Bldgs. Total Estimate Totals Labor Material Subcontract Project Total C. . 2/14/2005 19,255 65,466 104,356 12,837 921477 19} 158 13,209 20~976 33, 193 6,581 14,748 3,864 23,608 5,434 28,827 101 ,284 20,433 13t411 1 ,446 13, 712 15, 188 6, 341 4,722 4,660 21 J 180 52,980 68} 1 07 111 , 097 898,550 39,741 99,353 139,094 31 , 849 65, 770 940,025 1,037)644 c.:, . ( . April 8, 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT April 12, 2005 ITEM NO. 5-A REQUEST Approve Minutes of March 15, 2005 Pre-Council Meeting AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY AlTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DE?T: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTH ER: Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. (n.n...... .. (- \~ Meridian City Pre-Council Meetina March 15~ 2005 The Meridian City Pre-Council meeting was called to order at 6:30 P~M. on Tuesday, March 15,2004 by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Keith Bird, Shaun Wardle and Charlie Rountree. Staff Present Brad Watson, Rick Clinton, Ken Bowers, Bill Musser, Doug Strong, Bill Nary and Will Berg~ lIe m 1. Roll-call Attendance: Roll call. X Shaun Wardle X Charlie Rountree X Christine Donnell X Keith Bird Mayor Tammy de Weerd x Item 2. Adoption of the Agenda: Bird: Mr~ President~ Wardle: Mr. Bird. Bird: I move we adopt the agenda as published. Rountree: Second. Wardle: It's been moved and seconded to adopt the agenda as published~ All in favor say aye~ ALL AYES. MOTION CARRIED. Item 3. Update on Space Analysis and Concept Plan for the Water Division: Watson: ML President, Mayor and Council members I first of all really appreciate being able to get on a pre-council agenda, I know your time is limited with all the other stuff going on these days~ This has been something that has been rolling around in our court for 12 to 18 months as the Water Department has expanded to keep up with its demands~ It has added staff to the point where we have really run out of room at the facility on northwest 8th Street to the point where people are staged in the breakroom. That's kind of their workspace at this point and time. As most of you will recall from our budget presentation last summer and Councilmember Donnell, of course, wasn't here, we talked about this for quite a while. We had proposed an enhancement of $1.2 million dollars to go forward t..:.. (~,... \, Meridian City Pre-Council Meeting March 15, 2005 Page 2 of9 with a design and possibly construction this budget year. BRS was not quite done with the analysis at that time~ They had really just a preliminary draft that I think that we mayor may not have showed you, I can't remember quite honestly. In the time since then they have put together their finals base analysis and I believe you have those little red books with you up there. It shows space requirements in tabular form as well as conceptual floor plan, some elevations, a conceptual site plan and then at the end some cost estimates~ The one thing to point out about the preliminary site plan is it really won't work right now~ From the time when they drafted this until now I have had several conversations with Mr. Dennis Griffin of BSU, who oversees the lineman school vQ-tech program at this site and if you want me to I can go back into the history of why that particular program is there and how that all transpired, but the long and short of it is they really don't have any immediate plans to relocate from that facility~ Their current lease expires in 2018 with I believe in it their option to extend that to another ten years. This is essentially a free site for them. I am not sure why they would want to relocate if they are getting this for free; if (inaudible) preventing them from moving to the West Valley Campus. So ML Griffin told me that they were going through a master planning effort right now, but that it looked like that some of the other programs would be taking precedence at West Campus~ So, what Rick and I have done in the couple of weeks since we have gotten this is put together some site options. Maybe I am premature in jumping into those4 If you have any questions, please feel free to interrupt me at this point~ I will back up just a little bit and talk about last summer when we presented this to you, there seemed to be a consensus from Council that the existing building was a problem, mostly because of some environmental issues that were discovered there. Just some of the site constraints with where it was located because we had talked about expansion of that existing building, but it seemed like from the discussion that we had that we didn't receive that direction. What we have handed out to you and what is showing on the screen is what we are calling option one~ This was the first one that we thought of and what you see in the yellow cross (inaudible) markings is the space that BSU occupies in the yard. They have power lines, power poles, other little structures that they go out and train on when their sch.ools are in session. They also occupy the classroom in the southwest corner of the existing building~ Anyway, this was option one that we looked at, where customer parking would be off of Chateau. There would be a small parking lot there4 The building would be situated in this general area. We would have somehow be able to coordinate a pathway through the front of this and then ultimately through the park; howeverf Rick Clinton spoke with the coordinator of the program about taking just 50 feet into their existing yard area and was essentially told uno, we need that area for trainingU~ So, we went back to the drawing board and tried to squeeze in - Rountree: Bradf how specific is the lease arrangement? Does it say this fenced area or this legal description? Does it require that the city provide a room for the training, or do we just do that because of whatever? Is it that specific? c.. .. C. Meridian City Pre-Council Meeting March 15, 2005 Page 3 of 9 Watson: Councilman Rountree I believe it is fairly specific. J don't know that it gets down to actual square footage in the yard. We will answer that here in a minute, I think as Rick looks through the actual lease. Rountree: If it's not tied down that specific, we got wiggle room then. We ought to leverage that to our advantage. Watson: We can certainly look into that. Hopefully we have an answer here before I am done with this. The second option that we looked at, which is essentially is mirroring the project over here to have less of an impact on - they have a Jot of poles up in this corner, but they also have a few in the southwest corner of the site. This is not feasible either because they don't want to move anything~ So, this was a very short-lived option that we looked at The third option that we have examined is quite a bit different. It moves the structure south into the park with still some - this would actually now be employee parking coming off Chateau - some employee parking - because the shop is located at the rear of the facility - we tried to square off the park, so to speak so that the space that is predominantly used, at least that I see on a somewhat regular basis living in the neighborhood is in this open area between the trees. So, we tried to square that off and preserve that. Again, with all these options we would like to somehow at least maintain some areas so that a pathway could be connected from the Five Mile Creek area, through the park and into the main part We also are somewhat constrained by an existing sewer trunk that comes through the site. There is always the possibility that that could be moved somewhat, but right through this area where my cursor is, we have existing vehicle covered storage, covered parking and we can't really move the sewer one way or the other. There is structures on each side. Anyway, those are the three options that we are presenting. Of course, the fourth option is what is showing BRS's report and that involves demolishen of this building, demoJishen of the existing shop and infringing up into this area and all the while providing room for BSU to continue their lineman school program. It would also involve temporary relocation of the Water Department or - we just threw this out here, maybe portables, but I am not sure that that is really even feasible given the site constraints. What we are here tonight to do, I guess, is to get a little bit of direction on or any feedback or input on what Mayor and Council would like us to do. We are at a point where, again, employees are overflowing that structure~ BSU doesn't appear to be going anywhere. We have briefly last year looked at the possibility of relocating to another siteJ but given the price of commercial land in the city, this just seems the most cost effective. We already own the ground and obviously land costs would be zero. Rick and J met with Doug Strong yesterday afternoon and went over this and not sure that there are any strong opposition, but of course Doug is here tonight and he can speak to that if you have any questions. Strong, vehement opposition - how about that? (Inaudible-----). Wardle: Council any questions that come to mind? (~.~-,....: (~-'..': Merjdian City Pre-Council Meeting March 15, 2005 Page 4 of9 Rountree: Mr~ President. Brad, you have a strong preference for coming off of Chateau to access - is that just because of the site or there is some advantage to that? Watson: Mr. President, Councilman Rountree there is some advantage to it This parking lot really gets full when the Va-tech school is in session and all the employees are at the Water Department to the point where there is sometimes - I don't know if it ever - it's tapped out completely, but one or two parking spots. If we could free up some and this was something that I was just playing around with. There may be an opportunity to put more in up there, but we are trying to alleviate the pressure on this parking lot by having some access off of Chateau~ Rountree: To my first point. Is parking a provision of the lease? Clinton: Mr~ President, Councilman Rountree without the ability to actually run a meets and bounds description it appears to me that like pretty much what Brad has crossed hatch, there is whafs described in the lease, I guess, specifically I don't see that the lease provides us or requires us to provide additional parking or classroom. It does require us to provide a classroom and J think that that's one of the things that's really relevant to this project is that the new building does not include space for BSU, so if we tear down the existing building we will need to revises this building drawing and add on to it, so that there is adequate space for BSU in the new buiJding~ Rountree: I have a question for Doug, Mr. President. Do you know if there is any LWC monies in 8th Street Park at all that we would - if we did this that we would have to replace the land? Strong: Mr. President, Councilman Rountree I am not aware of any land and water money at all in 8th Street Park. I think the only park we have that (inaudible) is in Storey. Rountree: Okay that is good news. Watson: Mr. President. Wardle: Brad. Watson: Councilman Rountree just to follow up on that. ItJs our understanding that that land was purchased with the previous wastewater treatment plant that was built out there and that just coincidentally it was turned into a park and the wastewater plant was abandoned in the ~70's~ Wardle: Brad, J have got a follow up question. If we are not talking about replacing the existing building, which has got some issues with it - environmental \,.- . : /.~. .. (. . Meridian City Pre-Council Meeting March 15,2005 Page 5 of 9 issues and then we are going to build a new building on the northern portion of this or western portion, I guess. What are we going to do with the old building? Watson: Mr~ President I think for the time being it would still continue to serve as BSU's classroom and facility until such time that they reJocate~ I think once it's raised then we can possibly expand the parking for the park down there or by that time we would probably need more vehicle storage or thirdly just expand the green space out there. I am sorry, Mr. Clinton just reminded me that one of the ideas that we are throwing around is that the Park's Department could in the interim use the vacated space that BSU is not using for maybe some satellite operations or whatever Doug would be interested in~ De Weerd: ML President~ Wardle: Madame MayoL De Weerd: I guess I would like to leave option one and two open so we preserve Park space if we can - if I can talk to the administration and get a portion of that grayed out area for utilization of our needs. Rick who was the one - did BSU participate in the classes of repair since most of the damage happened above their classroom? Clinton: Madame Mayor currently the repairs have not been done~ That's one of the follow ups that we would like out of this is if the building is going to stay then we do need to re-roof the building and repair those leak damages~ De Weerd: I guess regardless if with our agreement, the building appears to need to stay and J guess my question is will they participate in the cost of that repair? Clinton: From what I can read of the lease, they are required to pay their costs for utilities, but not for building maintenance. De Weerd: What a great deal that was~ Rountree: Do they make that payment? Clinton: No sir. Rountree: That's what I thought. So, they are delinquent~ De Weerd: I guess there are a number of things that I could .talk to their administration about and we can meet about that aftelWards~ When we were talking about a certain area and if it would be appropriate for the Water Department to relocate to, we also looked at a possible partnership with Parks~ This seems to set up a great opportunity in the future when that other building is (~... Meridian City Pre-Councir Meeting March 15, 2005 Page 6of9 vacated by BSU as a possible location for the Park's Department maintenance crew and that there could be some sharing of equipment and that sort of thing that certainly the Water Department and the ParkJs Department might have in common use for. So, is that a future consideration? Would that be a good partnership between those two departments at some future time? Watson: ML President, Madame Mayor I think that would be a great situation. The only caveat is that there is certain things and I am not talking about the yard, but more the facilities themselves, the building. There are some security issues that we have talked about before that would preclude recreation classes or those sorts of things in this building - in the newer building9 As to the yard, I am not sure, you know. Doug and Rick would just have to get together or Elroy and Rick or whatever and work those things out, but maybe if we have a joint backhoe someday we can share that. De Weerd: I was thinking that, but since you are the enemy and I wasn't going to suggest it. Wardle: Brad I have a couple of individual thoughts for consideration and one it appears to me that we are looking at making this move for two reasons. One because we have some needs of the department and secondly because we have a deficient facility and so what I am seeing is with options one, two and three essentially addressing only one of those issues and not the other and in doing that we are changing the configuration of this entire layout and entering from an (inaudible) portion of the neighborhood and so that is a consideration that I think we need to take into account and then secondly I would like to see some costs of what it would cost to demolish that building and start over, understanding that we would need through our arrangement to add a classroom portion to that. It appears to me that if we build a new building and then leave that then we are going to have to deal with it sometime in the future regardless. Watson: Mr. President just so I am clear, you are speaking of the environmental concerns in the existing building as not being addressed? Wardle: Yesf because what I am hearing is not only is it too small for our current use, but we would need to because of the environmental concerns look at either repairing it, demolishing it or doing something if we were to stay in that - any department long term even if it were to be Parks. Watson: Mr. President you are correct the roofing that Mayor and Mr~ Clinton were just talking about would address at least preventing future problems, but there would be some remediation of the existing building to make it occupiable, but better. So, yeah, we don't have those costs~ Donnell: Mr. President. (" (__m. \.... . Meridjan City Pre-Council Meeting March 15,2005 Page 7of9 Wardle: Ms. Donnell. Donnell: Brad as I look at this and this is the first time that J have had a chance to look at the architect's report - J have a couple of questions. Number one, I am assuming that there is money in the city budget for such a structure? Watson: Mr. President, Councilmember Donnell, yes. Donnell: Since I am new at this, I was not sure if that was the case, but I assumed you wouldn't be bringing it forward unless there was and secondly I am curious about why there is locker rooms and showers in the facifity? Watson: Councilmember Donnell just as we have at the Wastewater Plant, the operators are out in things that are better left unsaid and when they come back in at the end of the day or end of the shift, we usually provide those facilities so that they can change out of their overalls and get cleaned up before they get in there car and head home. Donnell: Thank you. Wardle: Council any further questions for Brad? Bird: Mr. President. Wardle: ML Bird. Bird: My one comment is you know that old buildingf I don't know how you would salvage that thing because it's not that good of a building. I think we need to press forward and get it done. The longer you wait, the more the cost of the construction is going to be. Decide what you want to do, bring it back to us and get it done. Thafs my opinion. Rountree: Mr. President. Wardle: Mr. Rountree. Rountree: Brad, what more direction did you need other than that I support the project and did in the budget and I do now. The Mayor, I believe, wants to have an opportunity to talk to BSU about maybe moving them a little bit on what it is they need. If we can get that resolvedf is that sufficient for you to move forward with the project? Watson: Mr. President, Councilman Rountree yes I believe it is. It just sounds like there are a few loose ends, a few questions that came from Council that will get answered and speak with the Mayor about option one and / or two and I think ( .. ..: (... . Meridian City Pre-Council Meeting March 15,2005 Page 8 of9 we have enough to move forward with developing a scope of services with BRS, with the exact location a little bit gray at this moment. Rountree: It seems like the need may be there to repair the existing building and may want to compare that cost versus the cost of the whatever classroom you might have to add to accommodate the lease because as I recall the expense of repairing that roof was not a small dollar amount. Then look at your time log. How long are you going to have to occupy that building before you add a new structure? Wardle: Just a follow up. Brad. That was kind of one of the things that I was getting at is jf we are going to incur two expenses then it could be incorporated into the newer facility long term plan. Watson: All right. I understand. De Weerd: Mr. President. Wardle: Madame Mayor. De Weerd: J guess what we can do is in follow up, first if we could get a copy of the lease to our city attorney for his review and we can find out about the lease and any maintenance costs that our partners are responsible to. We can take a look at that and then I can approach them. I do think that we do need to move forward on the new construction, but whether that building is something that we want to keep or not, we need to take a look at that and we need to move forward with those repairs if that is the direction we need to go. We have been fortunate to have a pretty - fortunate or unfortunate that we have had a dry winterJ but we do need to take care of that. Watson: Thank you very much. Wardle: Thank you Brad. If there is nothing else that brings us to the end of our Pre-Council agenda, I would entertain a motion to adjourn. Rountree: So moved. Bird: Second. Wardle: It's been moved to adjourn. All those in favor say aye. ALL AYES. MOTION CARRIED. c...... . Meridian City Pre-Council Meeting March 15, 2005 Page 9 of 9 MEETING ADJOURNED AT 6:55 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: ** TX CONFIRMATION REPORT ** 21 22 23 24 25 26 27 28 29 30 31 32 DATE TIME TO/FROM 03/11 17:08 3810160 03/11 17:09 PUBLIC WORKS 03/11 17:10 8841159 03/11 17:11 2088840744 03/11 17:12 POLICE DEPT 03/11 17:13 8985501 03/11 17:14 LIBRARY 03/11 17:15 92083776449 03/11 17:16 3886924 03/11 17:17 P-AND-Z 03/11 17:17 208 895 0390 03/11 17:18 1283000~0 AS OF M~R 11 '05 17:19 PAGE~01 (. CITY OF MERIDIAN MODE EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S G3--5 MIN/SEC PGS 00' 38 ,. 001 1210' 26" 001 00'28u 001 00'27u 001 00'26n 001 00' 261' 001 00'32u 001 00' 26'1 001 001 26'1 1301 00' 27 'J 001 00J26" 001 00' 313" 001 CMD~ STATUS 1324 OK 1324 OK 024 OK 1324 OK 024 OK 024 OK 024 OK 024 OK 024 OK 024 OK 1324 OK 024 OK ----~------~---------------------------------------------------------------~---------------- · r/CCiM .~ l'P;) J~~$~~k~ (~n-'f .O)F i:iil!-.f'ti-.j: . . ~~ ~ eridlCrJiJ~. ...~'~ IJ).\HO .f ~ MAYOR Tall\nlY de We~rd m~ CITY COUNCIL MEMBERS \^Jjlliall1 L. M4 Nary Kejth Bird Cha rl~~ M. ]~l"ul'lrcc $) I~)ll rl Wnrd I~~ Crrv D ~l~A K rMJ:!N "rs r: i rc 540 I~. }7ri1 n k ljn r~.};}cJ 8$8..1234/ fax 895-0390 P;J rks &.. R~crt;'a tivn 11 r~. Bow~~r Str..~ct RRR.~~r;7Y I (~X Ht)8~5501 Pl o~, n l ng & 2001 t'g 6bt) E~ W Q tcrtower Lalle Slli re 202 8S'1..553J I fax 888-6854 1150+ -IOY j/LAb[i (! !UO+l~ NOTICE OF PRE-COUNCIL MEETING MERIDIAN CITY COUNCIL NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold a Pre...Council Meeting at City Council Chambers, Meridian City Halll 33 East Idaho Avenue. Meridian. Idahot on Tuesday, March 15, 2005 at 6:30 P.M.. The Meridian City Council will be discussing agenda items which are on the regular scheduled Ci ly Counci I meeting as well as the following issue: Pol i~~t:t 140 I 1:.. w a ~11 rtllW~l. L..~n(! 88R"(1n7H I (iI x 1146.7366 P11 bl i~ Works 660 E. WateTto,v~r J ral'~ S\' i t~ 200 S98~5 ;[)(ll (0 x 898-9551 - Update on Space Analysis and Concept Plan for the Water Division The pUblic is welcome to attend the meeting. - B\'ildillg 660 E~ vV a t~rtuwE!r Lan~ Suite ) 50 RR7 ..2211 f lilX SS7-12tJ7 DATED this 1 Oth day of March, 2005. ~ Scw~r (WWTP) ..1401 N ~ Ten ~rile Road 8BH~2.191 J (ClX 884-0744 ~ W;\ ter 2235 N. w. 9th StT(JL~:t 888..52421 f~lX 8H4...) 1SlJ CITY HALL 33 ~AST IDAHO AVENUE MErUn'AN~ IDAHO 83642 (208) 888-4433 t"ri". ...\ .FJ~K - f~\X KKH442l H HlIA'^N RESOURCl!S -l:^X SB.ft.$ 723 IlIN^NC:r: ~ lfTJLITY eJLLINli -11\X 687 .4R!;~ ~,~\'TORts OFJ:lCU-I^X RR 4-,.0 ! ] f) (. /~ ( AS OF MAR 11 '05 17:27 PAGE~01 ** TX CONFIRMATION REPORT ** CITY OF MERIDIAN DATE TIME TO/FROM MODE MIN/SEC PGS CMDtt STATUS 01 03/11 17:20 208 387 6393 EC--S 00' 26'~ 001 024 OK 02 03/11 17:20 ADA CTY DEUELMT EC--S 00J 35" 001 024 OK 03 03/11 17=22 8885052 EC--S 00' 27" 001 024 OK 04 03/11 17=23 CHERRY LANE G3--S 0'0' 43'" 001 024 OK 135 03/11 17=24 IDAHO ATHLETIC C EC--S 00'27" 001 024 OK 06 03/11 17:25 ID PRESS TRIBUNE EC--S 00' 271' 001 024 OK 07 03/11 17=26 2088886701 EC--S 00; 26" 0131 024 OK -------------------------------------------------------------------------------------------- i ."~1\rA~ crry (JF ~~t .~. e rldlf:;r1i~;. <~'~ t' lJ).\HO / ~ fJ/f.a~ /--6v+ --IOY l'iAbL; f! AJo-hl~ ~ il~ Mh '(OR Tal11n1Y de Weerd CITY COUNCIL MEMB ERS Willial11 Lt M. Nary Keith Bjl~d Ch~rJ~~ M. l~Ol.rl'ltCC 5] l~J IIII W~rd I\~ NOTICE OF PRE-COUNCIL MEETING MERIDIAN CITY COUNCIL Cl~rY D 1:[~AK fM i:N~rS Pir~ 5411 1!4 ]":ri! n 1, Ijn 1~ [)il d 8$8-1234/ fax S9S~0390 NOTICE IS HEREBY GIVEN that the City Council of the City of P\1\lks &. R~cr~(lrti\Jr' 11 rz. Howe r Street RRR-357~ I (a~ RtJH,-5S(Jl Meridian will hold a Pre-Council Meeting at City Council Chambers, Meridian City Hall. 33 East Idaho Avenue, Meridian, Idahot on Tuesday, March 15J1 2005 at 6:30 P~M.. The Meridian City Council will be discussing agenda items which are on the regular scheduled City Council Pln.,nlng & Z~1nj)'g bot) E. W.J lcrtower Lane Sltite 202 SSJ!.553J I fax 888-6854 meeting as wen as the following issue: Pol it.:~ l40 I C4 Waterttlw~t t.ilne RR~~..n';7H I fax H4(i...736(, - Update on Space Analysis and Concept Plan for the Water Division Public lA' 0 Ltks 660 E. Wa terto\v.f!r I ...a\~~ Sl) 1 t~ 200 S98~55(}(ll (a x 898..9551 The public is welcome to attend the meeting. .. I3tlild iJ1g 6GO E t W a tE!rtuw~ r Lpne Suitt1 ] so RR7~2211 / fax HH7..1297 DATED this 10th day of March. 2005. w ScwC!.r (WWTP) 3401 N . Ten Mile Road 888-2191/ (ax 884-0744 ~ \N~ ter 2235 N. w. ~th Strt~~t 888...5242/ T,lX SH4..115Y CITY tlALL 33 E AS.J. 11)AHO AV EN UE '.4,lr\1 lJ 11:.11 K - J~\X H HR..42 ] Ii, H1J^li\N RES OUR.C~S -P,\~X 8S'~.8 723 tvtERID IAN, ID^HO 83642 (20R) 888-"4433 J~I~^Nr:R .& tlTIL1TY BILllNU -ltAX 68 7 ~4R 1:1 ~\11\'fOR'S Or:~lC~...It\X RS4.K I ] ~} '-- ... r .... . \ ** TX CONF I RMAT ION REPORT ** AS OF MAR 11 '05 18:01 PAGE.fd1 CITY OF MERIDIAN DATE TIME TO/FROM t10DE MIN/SEC PGS CMDn STRTUS as 03/11 17:40 PUELIC WORKS EC--S 00'21tt 001 028 OK 139 03/11 17:41 12084664405 EC--S 00t 21 It 001 028 OK 10 03/11 17:42 8841159 EC----S 00" 21 n 001 028 OK 11 03/11 17:43 2088840744 EC-S 0BJ22:11 001 028 OK 12 ~/11 17:43 POLICE DEPT EC-S 00J21U 001 B28 OK 13 03/11 17=44 8985501 EC--S 00' 20U 001 1328 OK 14 03/11 17:45 LIERARY EC--S e0' 23 n 001 028 OK 15 03/11 17:46 92aS3776449 EC--S 00'.2011 001 028 OK 16 03/11 17:47 3886924 EC--S 00~ 21 u 001 028 OK 17 03/11 17:48 P-AND-Z EC--S 00~21tt 01211 028 OK 18 03/11 17:48 208 895 8390 EC--S e0t21U e01 028 OK 19 03/11 17: 49 128300048 03--5 00t 2S,1 001 1328 OK 28 03.111 17=50 200 387 6393 EC--S 00t 21 'U 1301 028 OK 21 03/11 17:51 ADA CTY DEVELMT EC-S 00~ 21" 001 028 OK 22 03/11 17=52 8885852 EC-5 00~21" ~al 028 OK 23 03/11 17:53 CHERRY LANE G3--S ~0~ 38" 001 028 OK 24 03/11 17:54 IDAHO ATHLETIC C EC--..rS eat 21" 001 028 OK 25 03/11 17:55 10 PRESS TRIEUNE EC....-S 00' 21'H 001 028 OK 26 03/11 17:56 2088886701 EC--S 00t21U eel 028 OK 28 03/11 18:01 381016'0 EC--S 001 28'" eel 028 OK -------------------------~------------------------------------------------------------------ ~-eO'Jt' .Po~i fa. VuJob ~ ~,d'tt.C{.:~ ~nr.J~ CITY OF MERIDIAN PRE..COUNCIL MEETING AGENDA Tuesday, March 15, 2005 at 6:30 p.m. City Council Chambers 1.. RolI..call Attendance: - Shaun Wardle ~ Christine Donnell - Charlie Rountree Keith Bird _ Mayor Tammy de Weerd 2. Adoptlon of the Agenda: 3. Update On Space AnalysIs and Concept Plan for the Water Division: it" ~pproXimate aJlowable time set. for agenda item may change depending on dlscussion_ Please use the deSIgnated minutes as a guideline only. . Meridian City Pre-Council Agenda - Man:h 15~ 2005 Page 1 of 1 AU matenaJs presented at public meetings snail become property ofth8 City Of Meridian. Anyone d~rln9 accommodation for d;sabHffies related to documenls and/or hearings Please conlact the City C!erk1s Office at 888-4433 at feast 48 hOUrs Prior to the PUbliC me~ung. -::" erldzCrn J~; ~\, ;.. ]DAHO ; ~ (f:.\. /- f 1:/ t l' I~~ Tu l: . \-0.;, t.l U _ V ...UJ. ."'\ MAYOR Talnmy de Weerd CITY COUNCIL MEMBERS William L. M.. Nary Kei t]1 B i l~d C11al.les M. ROll"ntree Shillln Ward le NOTICE OF PRE~COUNCIL MEETING MERIDIAN CITY COUNCIL CITY DEPAI{TM"ENTS Fire 540 E4 Franl<liIl Road 888-1234/ fax 895-0390 NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold a Pre-Council Meeting at City Council Chambers, Parks & RecI.catiol1 1 J" E4 Bowel. Stl~eet 888-3579 / fax 898-5501 Meridian City Hall, 33 East Idaho Avenue, Meridianf Idaho, on Tuesday, March 15, 2005 at 6:30 P.M. The Meridian City Council will be Planning & Zoning 660 E. W ate]~to\\rer LaJ1e Strite 202 884-5533 / fax 888-6854 discussing agenda items which are on the regular scheduled City Council meeting as well as the following issue: Police 1401 E4 W a tertoV\reI~ Lalle 888-6678/ fax 846-7366 -- Update on Space Analysis and Concept Plan for the Water Division IJ1tblic Works 660 E. W aterto,,;el~ La.t1e Stt i te 200 898-5500 / fax 898-9551 The public is welcome to attend the meeting. - Building 660 E. W atel~tovver Lane Sllite 150 887-2211 / fax 887-1297 - Sewer (WWTP) 3401 N. Ten Mile Road 888-2191/ fax 884-0744 ,~. ~~j~~~~i.~fi;;:;~~~~?~~fj _ ..,l~l;' Or ~~.~...,,;t'~.J.' $-l~~ ~:~~~~ ~~:. ~::::::~4~,. ~~)Yb: ' I~ 6.~~~pa~Jf .:! #if~. .~* ~ :-. r ~~ ~: ~ ." '~ " ~ DATED this 10th day of March, 2005. S Ji~ .~~ ~'h .;~-,: - WateJ~ 2235 N. W. 8 tl1 S tl~ee t 888-5242 / fax 884-1159 crrv HALL 33 EAST ID/\HO t\VENUE rvIERIDIAN, IDAHO 83642 (208) 888-4433 Clrr\~ CLEI'{K ...I~"\X 888.421 R l"lU:\!/\N Ill:S()ljllCES ~ I~I\X 884.8 72 3 r:IN/\NCE & LJ~rILI.r'{ 13IL~L~[N(;.... J~I\X 887 -4R l3 ~],\"OI~~S or:J~JCE-11\X 884-81l9 ... ~ ... ~ ...... ...... ...... ....... ...... ...... .......... .~ ' /: ^ :..;~, ~~ ...... ~ / ... ... --=/ -::. : --:.... : .../ -::. .../ ...... ...... ... ... ... ..: ; ...... ~ ... ;:...... ~ / ... ...... ... ... ...... ~ ... ...... ... ~......... ... ... ... ... ... ~ ... ... ............ ............ -/ ......... ~ ... <......... ... .... ......... ............... .......... ...... .... (.. . (~:.:.....:.. Revised 3~14-05 CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, March 15, 2005 at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: X Shaun Wardle X Christine Donnell X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd 2. Pledge of Allegiance: Presented 3. Community Invocation by Bud Henthorn, Youth Pastor at Meridian Gospel Tabernacle: Presented 4. Adoption of the Agenda: Approve 5. Consent Agenda: A. Approve Minutes of February 22, 2005 Regular City Council Meeting: Approve B. Findings of Fact and Conclusions of Law for Approval: CUP 04-053 Request for a Conditional Use Permit for a Planned Development for a clinic I office in a L-Q zone for OB/GYN Associates by ZGA Architects and Planners, Chartered - south of East Franklin Road and east of North Eagle Road: Approve c. Findings of Fact and Conclusions of Law for Approval: 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 D. Findings of Fact and Conclusions of Law for Approval: PP 04- 045 Request for Preliminary Plat approval of 12 single-family residential building lots and 3 other Jots on 4.56 acres in a proposed R-4 zone for Klamath Basin Subdivision by Randy Worden - 4625 West '.Ustick Road: Approve E. Findings of Fact and Conclusions of Law for Approval: V AR 05-004 : Request for a Variance for block lengths from the required Meridjan Cjty Council Agenda - March 15~ 2005 Page 1 of 5 AU materiars 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 CJerk's Office at 888-4433 at least 48 hours prior to the PUbliC meeting. (" cy.::. ." Revised 3-14..05 450 feet to 535 feet for Klamath Basin Subdivision by Randy Worden - 4625 West Ustick Road: Approve F" Findings of Fact and Conclusions of Law for Approval: 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 G. Findings of Fact and Conclusions .of Law for Approval: PP 04- 043 Request for Preliminary Plat approval for 98 building lots and 27 common lots on 19.63 acres in a proposed R-8 zone for Hacienda Subdivision by Jayo Construction - 6000 North Meridian Road: Approve H. Findings of Fact and Conclusions of Law for Approval: CUP 04-052 Request for a Conditional Use Permit for a Planned Development for a residential subdivision in a proposed R-8 zone for Hacienda Subdivision by Jayo Construction - 6000 North Meridian Road: Approve L Water Service Easement for McKaaue Familv Revocable Livina Trust: Approve J. Sanitary Sewer and Water Main Easement for McKaQue Familv Revocable Livina Trust: Approve 7-K. Approve Liquor License for Backwater Saloon: Table to March 29,2005 - Contact Applicant L. Request for Approval of proposal for Master Plan, Landscape and Architectural Services for the 7-acre neighborhood park in Autumn Faire Subdivision by Jensen-Belts Associates and the Design Team: Approve M.. Resolution No. 05-464 : Warranty Deed from Autumn Faire. LLC to the City of Meridian: Approve N. Resolution No. 05-465 Establishing Appointments for Board Members and Alternates to the Vallev Ride Reaional Transportation Authoritv: Approve o. Aareement with HDR for GIS On Call Services: Approve P. Chanae Order No.2 for an Addition Pressure ReducinQ Valve with Star Construction: Approve Meridian City Council Agenda - March 15, 2005 Page 2 of 5 All materials presented at public meetings shall become property of the City of Meridian. AnYOne desjring accommodation for disabilities related to documents and/or hearingS Please contact the City Clerk'S Office at 888-4433 at Jeast 48 hours prior to the pubric meeting. ( Revised 3-14-05 Q. Award Bid for Victory Road I Meridian Road Water Main to Paul Construction: Approve R" Streetliaht Aareement for Vienna Woods Subdivision: Approve s. Streetliaht Quitclaim Deed for Vienna Woods Subdivision: Approve T. Sanitary Sewer and Water Main Easement for Parcel "A" in proposed Bonito Subdivision No.2 by Kimball Properties: Approve u. Sanitary Sewer and Water Main Easement for Parcel "8" in proposed Bonito Subdivision No.2 by Kimball Properties: Approve 6. Department Reports: A. Police Department - Chief Bill Musser 1. Presentation of MOU with Ada County Sheriff Department for Participation in SWAT Team: Approve 7. (Items Moved from Consent Agenda) 8. Request for Reduction in Fees for Pinebridge Subdivision by Dave McKinnon: Approve 9. FP 05-015 Request for Final Plat approval for 2 office building lots on 2.44 acres in a R-8 zone for Quenzer Commons Subdivision No.8 by Brighton Development, Inc~ - west of Locust Grove Road and north of Ustick Road: Approve 1 o~ FP 05..016 Request for Final Plat approval of 50 single-family residential building lots and 9 common lots on 23~ 71 acres in a R-4 zone for BridQetower Crossina Subdivision No. 11 by Primeland Development, LLP - west of North Linder Road and south of West McMillan Road: Approve 11. FP 05-0 17 Request for Final Plat approval for 4 7 single-family residential bu ild ing lots and 2 com man lots 0 n 17 . 53 acres in a R -8 zone fo r Paramount Subdivision No.5 by Paramount Development, (nc~ - south of Chinden Boulevard and west of North Meridian Road: Approve Meridian City Council Agenda - March 15t 2005 Page 3 of 5 All materials presented at public meetings shall become property of the City of Meridian. AnYOne deSiring accommodation for disabilities related to documents and/or hearingS Please contact the City CJerk's Office at 888-4433 at least 48 hours prior to the PUbliC meeting. (:',.. " Revised 3-14-05 '~/though 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. JJ 12. Continued Public Hearing from March 1, 2005: PFP 04~008 Request for Preliminary/Final Plat approval for 4 building lots on 8~02 acres in an 1- L zone for Nola Subdivision by Bergey Land Surveying - SWC of East Pine Avenue and North Nola Road: Approve Findings of Fact and Conclusions of Law for Approval 13. Public Hearing: AZ 04..033 Request for an Annexation and Zoning of 15.92 acres from C-2 and RUT zones to C-G zone for Stor-It by Avest LP - 355 North Ten Mile Road: Approve Findings of Fact and Conclusions of Law for Approval 14. Public Hearing: CUP 04-055 Request for a Conditional Use Permit I Planned Development for office, retail and daycare uses in an I-L zone as required by CUP 04-009 and a request for a building height modification from the previously approved 40-feet to 52-feet for DBS) Realtv Corp. by DBSI Realty Corp. - north of West Overland Road and east of South Linder Road: Approve Findings of Fact and Conclusions of Law for Approval 15~ Public Hearing: PP 05-001 Request for an amendment of the Preliminary Plat for phases 7 & 1 0 of Saauaro Canyon Subdivision consisting of 21 single family residential building lots on 6+/- acres in a R- 4 zone by Farwest - 6210 North Meridian Road: Approve Findings of Fact and Conclusions of Law for Approval 16. Public Hearing: RZ 04~016 Request for a Rezone of ~27 acre from R-4 to Q-T zone for Serendipity Place Subdivision by Susan Howard - 1305 West 1st Street: Approve Findings of Fact and Conclusions of Law for Approval 17. Public Hearing: PFP 04-009 Request for Preliminary Final Plat approval of 4 single family attached residential building lots on .27 acre in a proposed Q-T zone for. Serendipity Place Subdivision by Susan Howard - 1305 West 1st Street: Approve Findings of Fact and Conclusions of Law for Approval 18~ Public Hearing: CUP 04-054 Request for a Conditional Use Permit for a Planned Development for retail uses in a C-N zone for The Shops at Cherry Lane by High Point Equities, LLC - SWC of West Cherry Lane and North Ten Mile Road: Prepare Findings of Fact and Conclusions of Law for Approval Merjdian City Council Agenda - March 15, 2005 Page 4 of 5 All materials presented at public meetings shaH become property of the City of Meridian. Anyone desiring accommodation for disabilitjes related to documents and/or hearingS Please contact the City CJerk's Office at 888-4433 at least 48 hours prior to the PUbliC meeting. ( /~..: . \.,.......... .. Revised 3-14-05 19.. Water, Sewer and Trash Delinquencies: Approve 20. Executive Session as per Idaho State Code 67 -2345 (1) (c) and (f): No Decision Meridian City Council Agenda - March 15, 2005 Page 5 of 5 All materials presented at public meetings shall become property of the City of Meridian. AnYOne deSiring accommodation for disabilities related to documents and/or hearingS Please contact the City Clerkfs Office at 888-4433 at least 48 hours prior to the PUbliC meeting. ( ('.... Revised 3-15-05 CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, March 15,2005 at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: t Shaun Wardle )< Christine Donnell )( Charlie Rountree )( Keith Bird X Mayor Tammy de Weerd 2. Pledge of Allegiance: ~rvf~ 3. Community Invocation by Bud Henthorn, Youth Pastor at Meridian Gospel Tabernacle: ;aY'L,r-eh~ 4. Adoption of the Agenda: ~ ~o V\t!::. #' 5. Consent Agenda: &Vf'r1P~ A. Approve Minutes of February 22, 2005 Regular City Council Meeting: 4';rro~ B. Findings of Fact and Conclusions of Law for Approval: CUP 04-053 Request for a Conditional Use Permit for a Planned Development for a clinic I office in a L-Q zone for OB/GYN Associates by ZGA Architects and Planners, Chartered - south of East Franklin Road and east of North Eagle Road: a//lr,vJ(..; C. Findings of Fact and Conclusions of law for Approval: 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: ~pp1l7~ D. Findings of Fact and Conclusions of Law for Approval: PP 04.. 045 Request for Preliminary Plat approval of 12 single-family residential building lots and 3 other lots on 4~56 acres in a proposed R-4 zone for Klamath Basin Subdivision by Randy Worden - 4625 West Ustick Road: 4/f/Y'14A<.-- E. Findings of Fact and Conclusions of Law for Approval: VAR 05-004 : Request for a Variance for block lengths from the required Meridian City Council Agenda - March 15) 2005 Page 1 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone deSiring accommodation for disabilities related to documents and/or hearings Please contact the City Clerkls Office at 888-4433 at least 48 hOUrs Prior to the PUbliC meeting. 7 -- K. { ( )~ : f. -;~~.. . Revised 3-15-05 F. 450 feet to 535 feet for Klamath Basin Subdivision by Randy Worden - 4625 West Ustick Road: apP'"v<. Findings of Fact and Conclusions of law for Approval: 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: &fJj1W~ Findings of Fact and Conclusions of Law for Approval: PP 04- 043 Request for Preliminary Plat approval for 98 building lots and 27 common lots on 19.63 acres in a proposed R-8 zone for Hacienda Subdivision by Jayo Construction - 6000 North Meridian Road: ~rvfAC-. Findings of Fact and Conclusions of law for Approval: CUP 04-052 Request for a Conditional Use Permit for a Planned Development for a residential subdivision in a proposed R-8 zone for Hacienda Subdivision by Jaya Construction - 6000 North Meridian Road: 1Vf7f1TD ~ Water Service Easement for McKaaue Familv Revocable Livina Trust: tlpfln7v~ Sanitary Sewer and Water Main Easement for McKaaue Familv Revocable livina Trust: t1F?Pr&JtA(., Approve Liquor license for Backwater Saloon: -jit..6t2t ,t.Q 1n1Vl--e-'A, ~1, ~,,~ - c~~-( ~p;:U/~ Request for Approval of proposal for Master Plan. Landscaoe and Architectural Services for the 7-acre neiahborhood park in Autumn Faire Subdivision by Jensen-Belts Associates and the Design Team: Plf~VL Resolution No. 05~ fG 4- Warranty Deed from Autumn Faire. llC to the City of Meridian: a/jl1i:'~ Resolution No. nc;... 4-6 5" Establishing Appointments for Board Members and Alternates to the Vallev Ride Reaional Transportation Authoritv: af/prr?~ Agreement with HDR for GIS On Call Services: arljJn7~ Chanae Order No.2 for an Addition Pressure Reducing Valve with Star Construction: o/fN"PV-C-- G. H. I. J. l. M. N. o. P. Meridian City Council Agenda - March 15, 2005 Page 2 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone deSiring accommodation for disabilities related to documents and/or hearings Please contact the City Clerk's Office at 888-4433 at least 48 hOUrs Prior to the PUbliC meeting. t j" " t:.....: . Revised 3-15-05 Q. Award Bid for Victory Road I Meridian Road Water Main to Paul Construction: wf'pnP ~ R. Streetliaht Aareement for Vienna Woods Subdivision: PfJflYD v<- s. StreetliQht Quitclaim Deed for Vienna Woods Subdivision: al'fJYpi/~ T. Sanitary Sewer and Water Main Easement for Parcel "A" in proposed Bonito Subdivision No.2 by Kimball Properties: ~plJ I/~ u. Sanitary Sewer and Water Main Easement for Parcel "B" in proposed Bonito Subdivision No.2 by Kimball Properties: (;i,.pp-P V~ 6. Department Reports A. Police Department - Chief Bill Musser 1. Presentation of MOU with Ada County Sheriff Department for Participation in SWAT Team: a-f>'rpv~ 7. (Items Moved from Consent Agenda) 8. Request for Reduction in Fees for Pinebridge Subdivision by Dave McKinnon: Wf flYl' ~ 9. FP 05-015 Request for Final Plat approval for 2 office building lots on 2~44 acres in a R-8 zone for Quenzer Commons Subdivision No.8 by Brighton Development, Inc. - west of Locust Grove Road and north of Ustick Road: ar~~ 1 O. FP 05-016 Request for Final Plat approval of 50 single-family residential building lots and 9 common lots on 23.71 acres in a R-4 zone for Bridaetower Crossina Subdivision No. 11 by Primeland Development, LLP - west of North Linder Road and south of West McMillan Road: tflJ1prt?V..Il- 11. FP 05-017 Request for Final Plat approval for 4 7 single-family residential building lots and 2 common lots on 17.53 acres in a R-8 zone for Paramount Subdivision No.5 by Paramount DevelopmentJ Inc. - south of Chinden Boulevard and west of North Meridian Road: ~ ;rrv ~ itA/though 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~ I' 12. Continued Public Hearing from March 1, 2005: PFP 04-008 Request for Preliminary/Final Plat approval for 4 building lots on 8.02 acres in an 1- Meridian City Council Agenda - March 15. 2005 Page 3 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings Please contact the City Clerk-s Office at 888-4433 at least 48 hOUrs Prior to the PUbliC meeting. (: (. Revised 3-15-05 L zone for Nola Subdivision by Bergey Land SurveyifJ9 - SWC of East Pine Avenue and North Nola Road: e(fr~-f//'~I/ firYtfIj?f'T#?V~ 13. Public Hearing: AZ 04-033 Request for an Annexation and Zoning of 15.92 acres from C-2 and RUT zones to C-G zone for Stor-It by Avest LP - 355 North Ten Mile Road: ~pv< .,t:-/,c, cl-e j;,y-a;;;rr.?fr~ 14. Public Hearing: CUP 04-055 Request for a Conditional Use Permit I Planned Development for office, retail and daycare uses in an I-L zone as required by CUP 04-009 and a request for a building height modification from the previously approved 40-feet to 52-feet for DBSt Realty Corp. by OSSI Realty Corp. - north of West Overland Road and east of South Linder Road: ~~ ~/~fo(L Idr ~~ 15. Public Hearing: PP OS-<J01 Request for an amendment of the Preliminary Plat for phases 7 & 1 0 of Saauaro Canyon Subdivision consisting of 21 single family residential building lots on 6+/- apres in a R- A 0 4 zone by Farwest-6210 North Meridian Road: ~/rv<../I~/c.-I.,e ~~/~pv~ 16. Public Hearing: RZ 04-016 Request for a Rezone of .27 acre from R-4 to 0- T zone for Serendipity Place Subdivision by Susan Howard - 1305 West 1st Street: w~~ ,P/~f o/~ l1rv-~ttr~ 17. Public Hearing: PFP 04-009 Request for Preliminary Final Plat approval of 4 single family attached residential building lots on .27 acre in a proposed O-T zone for Serendipity Place Subdivision by Susan Howard -1305 West 1st Street: ~(ljlY1/t/1.(... .,tJ/-P/~/.f ~a,f1rf/L1L 18. Public Hearing: CUP 04-054 Request for a Conditional Use Permit for a Planned Development for retail uses in a C-N zone for The Shops at Cherry lane by High Point Equities, LLC - SWC of West Cherry Lane and North Ten Mile Road: lhe,~ :f(~ I cf.,( ~etpr~ 19. Water, Sewer and Trash Delinquencies: ~rv-c-, 20. Executive Session as per Idaho State Code 67-2345 (1) (c) and (f): i1 0 dee-idl ~ Meridian City Council Agenda - March 15,2005 Page 4 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings Please contact the City Clerkls Office at 888-4433 at least 48 hours Prior to the PUbliC meeti n9. (~,.... April 11 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT April 5/ 2005 ITEM NO~ 5-C REQUEST Approve minutes of March 151 2005 Regular City Council 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: ~ Contacted: Emailed: Date: Staff Initials; Phone: Materials presented at public meetings shall become property of the City of Meridian. I. \. Meridian City Council Meeting March 15~ 2005. The regular meeting of the Meridian City Council was called to order at 7:10P.M.] Tuesday, March 15,2005, by Mayor Tammy de Weerd~ Members Present: Mayor Tammy de Weerd, Keith Bird, Shaun Wardle, Charlie Rountree, and Christine Donnell. Others Present: Bill Nary, Will Berg, Brad Watson, Anna Canning, Bill Musser, Kenny Bowers, Doug Strong and Dean Willis. Item 1: Roll-call Attendance: Roll call. X Shaun Wardle X Charlie Rountree X X Christine Donnell X Keith Bird Mayor Tammy de Weerd De Weerd: I will go ahead and -- if we can get everyonefs attention, I will go ahead and call the City Council regular meeting to order and welcome you here. It is Tuesday, March 15th. It's ten after 7:00. J will start this meeting with roll call attendance. Item 2: Pledge of Allegiance: De Weerd: Item No~ 2 is the pledge of allegiance. If you will all rise and join us in the pledge. (Pledge of Allegiance recited.) Item 3: Community Invocation by Bud Henthorn, Youth Pastor at Meridian Gospel Tabernacle: De Weerd: Item No. 3 is our Community Invocation. We will be led tonight by Bud Henthorn and is he a young -- the youth pastor. He is young, too. He is the youth pastor at Meridian Gospel Tabernacle. Please join us in the invocation or take this opportunity for a moment of sifence. This community. We thank you, Lord Jesus, for the sacrifice that has been made on behalf of the people who live here. God, we pray now that you would give us wisdom as we do our best to be good stewards of this blessed community that you have given to US~ We ask it in Jesus' name, amen. Item 4: Adoption of the Agenda: De Weerd: Thank you so much. Item No.4 is adoption of the agenda. ( . I \: Meridjan City Council March 15 t 2005 Page 2 of 49 Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: On the Consent, Item K, we would like to move that to the general agenda, make it 7-K~ Illf get the resolution numbers when we do the Consent Agenda and I believe -- I would move with that change that we adopt the revised agenda. Rountree: Second. De Weerd: Okay. The motion is to approve the agenda as amended. All those in favor say aye. All ayes~ Motion carries. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda: A. Approve Minutes of February 22, 2005 Regular City Council Meeting: B. Findings of Fact and Conclusions of law for Approval: CUP 0.4-053 Request for a Conditional Use Permit for a Planned Development for a clinic / office in a L-Q zone for OBfGYN Associates by ZGA Architects and Planners, Chartered - south of East Franklin Road and east of North Eagle Road: c. Findings of Fact and Conclusions of Law for Approval: 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: D. Findings of Fact and Conclusions of Law for Approval: PP 04- 045 Request for Preliminary Plat approval of 12 single-family residential building lots and 3 other lots on 4.56 acres in a proposed R-4 zone for Klamath Basin Subdivision by Randy Worden - 4625 West Ustick Road: E. Findings of Fact and Conclusions of Law for Approval: VAR 05-004 Request for a Variance for block lengths from the required 450 feet to 535 feet for Klamath Basin Subdivision by Randy Worden - 4625 West Ustick Road: F.. Findings of Fact and Conclusions of Law for Approval: AZ 04~ 034 Request for Annexation and Zoning of 19.63 acres from a RUT zone to a R-B zone for Hacienda Subdivision by Jayo Construction - 6000 North Meridian Road: (".. . /~.. l,. Meridian City Council March 15 t 2005 Page 3 of 49 G. Findings of Fact and Conclusions of Law for Approval: PP 04- 043 Request for Preliminary Plat approval for 98 building lots and 27 common lots on 1 9..63 acres in a proposed R-8 zone for Hacienda Subdivision by Jayo Construction - 6000 North Meridian Road: H. Findings of Fact and Conclusions of law for Approval: CUP 04~052 Request for a Conditional Use Permit for a Planned Development for a residential subdivision in a proposed R-8 zone for Hacienda Subdivision by Jayo Construction - 6000 North Meridian Road: I. Water Service Easement for McKaaue Familv Revocable Livina Trust: J. Sanitary Sewer and Water Main Easement for McKaaue Familv Revocable livina Trust: L. Request for Approval of proposal for Master Plan, Landscape and Architectural Services for the 7-acre neiahborhood Dark in Autumn Faire Subdivision by Jensen-Belts Associates and the Design Team: M. Resolution No. 05-464 : Warranty Deed from Autumn Faire. lLC to the City of Meridian: N. Resolution No. 05-465 Establishing ApDointments for Board Members and Alternates to the Vallev Ride Regional Trans~ortation Authoritv: o. Aareement with HDR for GIS On Call Services: PII Chanae Order No.2 for an Addition Pressure Reducina Valve with Star Construction: Q. Award Bid for Victory Road I Meridian Road Water Main to Paul Construction: R. Streetliaht Aareement for Vienna Woods Subdivision: s. Streetliaht Quitclaim Deed for Vienna Woods Subdivision: T. Sanitary Sewer and Water Main Easement for Parcel "A" in DroDosed Bonito Subdivision No.2 by Kimball Properties: /:.: ..... . {,. . (. . . . Meridian City Council March 151 2005 Page 4 of 49 u. Sanitary Sewer and Water Main Easement for Parcel "8" in ~roposed Bonito Subdivision No.2 by Kimball Properties: De Weerd: Consent Agenda, No.5. Bird: Madam Mayor? De Weerd: Yes. Bird: Mr. Berg, what is our -- do you have them there? Donnell: Down it comes. Bird: I would move that we approve the Consent Agendat with the exception of taking Item K and moving it to 7-K on the regular agenda. M is Resolution No. 05-464. N is Resolution No. 05-465, and the Mayor to sign and the Clerk to attest on all proper papers. Rountree: Second. De Weerd: The motion is to approve the Consent Agenda as changed. If there is no further discussion, Mr. Clerk, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES~ Item 6: Department Reports A. Police Department - Chief Bill Musser 1. Presentation of MOU with Ada County Sheriff Department for Participation in SWAT Team: De Weerd: Okay. Item No.6 are Department Reports and there we have another enemy item -- or member. We had team play today and Brad and the chief and Kenny over there were the enemy. So, chief. Chief Wild Bill. Musser: Madam Mayor, Members of the Council, what I have for you this evening is a proposed memorandum of understanding with the Ada County Sheriffs Department regarding participation of the Meridian Police Department with their Special Weapons And Tactics team, what we all affectionately know of as a SWAT team. At this point what I have been doing is working with the department trying to find alternatives to help us with retention when we are looking at some of our larger departments and some of the specialty areas that they offer. The county has been good enough to go ahead and let us move forward with training and testing of at least two of our members at this point (. . (~ t~: Meridian City Council March 15 J 2005 Page 5 of 49 and they have qualified for their SWAT team at this point, so they are undergoing training and this allows us a little bit more specialization that we couldn't necessarily do ourselves at this point, given our size and the cost of maintaining a full blown SWAT team that would augment their team and also provide us some insiders for anything that may potentially occur here in Meridian~ At this point, though, after ies been through legal and all, our MOU does require signature of the Mayor at this point, which is why I wanted to bring it forth tonight, find out if there are any questions on it, and, then, if not, see jf we can move forward with the Mayorls signature on that, you know, followed by my own, and, then, we can move forward with participation with the county on this SWAT operation team and I stand for any questions if there are any. De Weerd: Council, do you have any questions? Bird: I have none, Mayor. Donnell: None. De Weerd: Okay~ Thank you, chief. Musser: Thank you. De Weerd: I need a motion, then, to sign. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve the MOU with the Ada County SWAT team and for the Mayor to sign and the police chief to sign, the clerk to attest both signatures. Rountree: Second. De Weerd: The motion is to approve the presentation by the chief for the MOU. If there is no further discussion, Mr. Berg? Roll-Call: Bird, yea; Rountree, yea; Wardle. yea; Donnell, yea~ MOTION CARRIED: ALL AYES. Item 7: (Items Moved from Consent Agenda) K. Approve Liquor License for Backwater Saloon: De Weerd: Thank you. We removed Item K from the Consent Agenda~ Mr~ Nary, would you like to open this discussion? (. . .\~ . . . (':n...: Meridian City Council March 15f 2005 Page 6 of 49 Nary: Certainly, Madam Mayor, Members of the CounciL We were presented tonight with a liquor license approval -- or request for approval for the Backwater Saloon. You had an item like this previously a few weeks ago in front of you regarding this type of facilitYa All of our -- in reviewing our city code, the schedule of use control requires that all bars require -- are required to have a Conditional Use Permit. This particular one is, essentially, an accessory bar inside another already licensed establishment at the Whitewater Saloon. It does not currently have a Conditional Use Permit So, if the Council has not had to address this previously, except for the one occasion, J think we had with Mugsy.s a few weeks ago --.1 spoke with Mrs~ Canning this afternoon about our code and other types of conditional uses the city hasn't previously required a second CU to be acquired, but they never had to address that in regards to a bar or a liquor establishment. Because of that it would be my opinion if the Council wants to make a finding in regard to thatt they probably need to make a finding on whether a second Conditional Use Permit is required~ If ies going to be required, you may want to consider setting this matter over for one week to inform the applicant of that~ The last applicant whose application was denied, Mr. Eddy, objected to the fact that he didn't receive any opportunity to come and speak to you regarding his application. Again, I think it's more of a legal issue if you want to make that finding, but you certainly may want to allow the applicant an opportunity to speak if you want to. Mrs. Canning could probably provide more on the planning side, but I think there is that issue, as well as I think the police chief and I have had a couple of discussions and there are some concerns of public safety reasons on having two licensed establishments in the same premise. I think you will also have the ability, under our ordinance, to make that finding as well on where to approve or deny a license. Additionally, if the Council would like, under our city code and the section on licensing, we could certainly clarify, if you would like me to bring an ordinance back, if thafs your preference on whether or not two liquor -- two licensed liquor establishments could be in the same premise and what requirements there may need to be to have them be separate, so that they can be dwelt with from a law enforcement standpoint. I could certainly bring a draft ordinance back to you in a couple of weeks if you would like that. Thirdly, if there is a question about the state code, I think it came up in a meeting that I wasn't present, Mr~ Baird was here instead, the question was what the state code speaks to in regards to that and the state code is, essentially, silent, it really leaves it to the city to make those determinations as to zoning and whatever other requirements you cite, just the ability to actually have a license for the establishments themselves, the city does have the ability to do that and I think that was a question that had come up previously. So, that was what I had from the legal side and Chief Musser or Mrs~ Canning can add any other information you may want. De Weerd: Chief or Anna, do you have anything to add? Canning: Madam Mayor, Members of the Council, the only thing I might add is that the only other instance where we -- where a CU doesn't run with the land is day care~ Itts a licensing issue in that case, too. So, they are similar in that they both have a separate license issued by the state~ ( . (~~,.. Meridian City Council March 15, 2005 Page 7 of 49 De Weerd: Council, any questions or comments? Donnell: Madam Mayor? De Weerd: Mrs~ Donnell. Donnell: Okay~ So, help me to refresh my memory about the last time that this was brought before us. Am I to understand that this is exactly like the request that we had from Eddy's that wanted to acquire a license at MUgSY'Sf but am I also correct that we did allow it with Bill & Lynns' Back Door, but if I remember correctly, we denied that license -- the additional for Eddy's. How -- is this any different than what we looked at before? Nary: Madam Mayor, Members of the Council, Council-member Donnell, other than maybe some -- there may be some differences in layout, it is, essentially, the same circumstance that you viewed before in regards to Mugsy.s and Eddy's required for that separate licensed facility within their restaurant. You did deny that request~ He has filed -- he did file a letter, which requested an appeal. There is no appeal under the city code for that type of denial. He has filed a second application, which is, really, his remedy. Thafs -- you can always come back and ask for another license, jf the circumstances change. That might be in front of you in the next meeting. I don1t know when it's scheduled to be in front of you for review. The other one, the Bill & Lynn's, what I think the -- the information received prior at the last meeting was -- I think there was an oversight on that. I think the issue of whether it's a conditional use -- I haven1t discussed it with Mrs. Canning -- if a conditional use is required, if that's the direction of this Council as to how you interpret your city code, then, there is still the opportunity to notify them that thafs still required. A license is one thing, zoning requirements and the application for zoning is different. So, there is certainly something we can Jook at whether that's appropriate at this juncture with the other facilities~ But other than -- to answer your question, I guess, is -- the long way around, to answer your question is, yes, ifs very similar to the last one that you have done. Donnell: Madam Mayor, follow up, please. De Weerd: Yes. Donnell: Did we also not talk about a change in the ordinance coming before the Council when we discussed this the last time or did we not? And if we didn't, then, I certainly would suggest that we should have some change in the ordinance, so that we will have a clarification in interpretation that we can go on to either deny or approve this request De Weerd: Mrs. Donnell, I think that there wasJ but there wasn1t this specific instruction and that is why staff has gotten together to talk about it, to look at -- at the code and do an evaluation and bring something back and this is the recommendation they are bringing back to you, so that our codes can be more specific in addressing the issue. (r.... .. I. t... , Meridjan City Council March 15,2005 Page 8 of 49 Donnell: Thank you. Canning: Madam Mayor? De Weerd: Yes. Canning: I do need to clarify one thing, since it is -- he has asked to come before you agajn~ On Mike & Eddy's, it was a different scenario, because Mugsy's is not approved for a bar. Mugsy's is a restaurant. So, to move a bar on that property definitely requires conditional use approval and that's why the Council was -- one of the reasons that the Council denied it -- the request for the liquor licenses. They definitely, by the land use code, required a conditional use approval, because they do not have one currently. Nary: Madam Mayor, yes -- and I guess 11m sorry that I misspoke in the sense that the circumstances of how the facility is operated is the same. Mrs. Canning is absolutely right, that one clearly needs a Conditional Use Permit. There isn't, really, an interpretation issue in my mind~ This one is an interpretation of our code, because how we have applied it in relation to other types of conditional uses that aren't licensed establishments versus this one. In our city code it only lists bars as conditional uses in all the zones that they are allowed to be in and so the way I read it and my interpretation is is that whether it's one bar or two bars, it doesn1t really make any difference, they all require conditional use, regardless of whether they are in one building or two buildings. Donnell: Okay. Canning: And a follow up, Madam Mayor, I did talk to the planning commission on the specific use standards for drinking establishments in the new code and we did come up with two things -- well, we came up with one thing and I think I forgot to add the second one, but the second one would be we will just put in there that only one liquor license is allowed per establishment, without an additional conditional use approval. We will just put that in. The other one was our definition of drinking establishment specifically excludes restaurants where the principal purpose of the structure is to serve food. We are going to tighten that down a bit and we are going to say excluding restaurants that do not serve alcohol after 11 :00 p.m~ So, that way the bars will really be bars and -- I mean if you -- if you have got Mugsyts that's serving -- that's serving alcohol after 11 :00 p.m~ and some bar food, it's clear they are not a restaurant, even though they are serving some food there~ So, I think that will make it a much easier and more enforceable definition for the enforcement folks. Bird: Madam Mayor? De Weerd: Mr. Bird. C... . c:...:. .:. . Meridian City Council March 1St 2005 Page 9 of 49 Bird: Why would you make bars and restaurants different on times? There is a Jot of bars that stay -- or restaurants stay open until midnight, 1 :00 olclock, and if they have got a liquor license, they are entitled to serve their liquor. Canning: The general consensus from the Planning and Zoning Commission was that if you1re serving liquor past 11 :00 p~m., you probably should have a Conditional Use Permit for a bar, because, otherwisef we will have everyone just calling them-selves a restaurant and I don1t think we want to make everyone get a Conditional Use Permit for a restaurant. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: A restaurant has got to have something -- a kitchen that you can serve out of. You donlt bring in catered food and consider yourself a restaurant So, if you have got a kitchen in there and ies usable and you serve food, then, youlre a restaurant and you can also be a restaurant bar, I guess. Canning: Wellf most bars have some sort of kitchen facilities with -- that serve food~ Bird: Most bars do? Canning: Uh-huh. Donnell: So, Madam Mayor? De Weerd: Mrs~ DonnelL Donnell: So, 11m having a hard time understanding why an establishment -- a drinking establishment, a bar. wants two licenses in the same facility. Is that just too simple a question? Bird: No. Rountree: It's a good question. Bird: It's a very good question. Donnell: Okay~ Here we go. De Weerd: We need to have our economic development coordinator answer that. Donnell: I think that came out at the last one, but I -- obviously. it didn't stay with me. so here we go again. (/ t,::.. .. (" Meridian City Council March 15, 2005 Page 10 of 49 Musser: Madam Mayor and Members of the Councif -- and perhaps this might help clear up things a little bit, Councilwoman DonnelL First off, when the state issues an alcohol license out, in particular a liquor license, you can obtain a liquor license for two establishments, bar or a restaurant. There is also a retail one, but we won't go down that road right now on it. For those two items, though, if it's inside of a restaurant, the restaurant has to show that more than 50 percent of their overall gross profits are associated with the service of food or delivery of food, as opposed to alcohol. A bar only shows the majority that they bring in is from the sale of the liquor or other alcoholic beverages. So, that's part of the distinction there, as to whether or not they are a restaurant or a bar pursuant in the state guides on that. In reference to your specific question on why we have two of them in thereJ at this point what ifs come down to is, essentially, the liquor licenses are an investment for most of the business people that have been in line waiting for it~ We have had a number of them that have opened up, because of our increase in population. However, the state has a gO-day requirement for them to put that license into operation once it's issued to them. What they have been doing is trying to find some sort of mechanism to be able to do that and what they are doing is renting out, essentially, closet space, a section of the -- of an existing bar in order to be able to say that they are in operation and they are running with that. And we have been down to check the one that did get approved inadvertently before all this came before us and it's, essentially, in a small room off of the kitchen and they are operating out of a file cabinet, they serve three drinks, all drinks cost you a minimum of ten dollars, and you have to request somebody serve it to you in there at the time. So, all it is, basically, is a mechanism so the license can be put in place to meet the state requirement of the 90 days. In essence, what we are facing is a legislative oversight at the state level, which we are having to handle at the municipal level at this point Donnell: Thank you. De Weerd: And I guess I would just add a little bit further to that confusion, is we found this and we found them in drawers in Cascade and false addresses in Boise and so -- because we are looking for economic development, we have restaurants legitimately wanting to come in and buy these permits for 800 dollars and they are being sold in Boise for 100,000. So, what this city has done with our Economic Development Coordinator, our City Attorney, and a Boise Attorney is written some legislation that addresses two different things. One is a legitimate time frame for a legitimate permit holder or license holder to put it into use. SOl extending the 90 days, so that they show good faith effort in trying to find a location and building or annexing, zoning, those kind of things -- a lot of the different things that they are faced with, versus the person who is holding it and trying to sell it two years down the road. SOf that legislation has been writtenf it's with Senator Bunderson, who will most likely sponsor it next year. So, more information than you probably asked for. Donnell: Now I know~ c. ('. Meridian Ci ty Council March 15, 2005 Page 11 of 49 De Weerd: But it has been an issue in our city. SOf Council, do you feel comfortable with this ordinance update, bringing back in two weeks -- on the 29th, since that is our next meetingf and addressing it again at that time? Donnell: Uh-huh. Bird: You want to -- do you want to continue this until March 29th? De Weerd: Uh-huh. Bird: I agree. They got a right to have a day in court De Weerd: Okay. Then, I will need a motion to continue this. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move that we continue Item 7-K until March 29th, 2005. Donnell: Second. De Weerd: Okay. The motion is to continue to the 29th. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. De Weerd: Item No~ 8 -- Rountree: Do we need a motion on the ordinance? Bird: Yeah, you do. De Weerd: Do I need a motion on the ordinance? Nary: Madam Mayort if the Council has -- if they would like to review an ordinance, that would make it -- prohibit two licensed establishments on the same .premise, and the Council is all in agreement with that or has no objection to that, I will bring you a draft ordinance in two weeks. De Weerd: Okay. Rountree: I agree. Item 8: Request for Reduction in Fees for Pinebridge Subdivision by Dave McKinnon: ( (o".. Meridian City Council March 15, 2005 Page 12 of 49 De Weerd: Okay~ It looks like everyonels in agreement. Okay~ Yep. Item No~ 8 is a request for reduction in fees for Pinebridge Subdivision. Dave McKinnon. Please state your name and address. McKinnon: Dave McKinnonJ 735 South Crosstimber. De Weerd: Thank you. McKinnon: Thank you. Good eveningr Mayor, Members of the CounciL You have all received a memo from me~ Hopefully you have had a chance to read it. I don't want to take up a whole lot of your time tonight. The fee structure for planned developments in Meridian works great for smaller developments. Pinebridge Subdivision is a large development, 120 acres, and ies going to have approximately a million square feet of commercial office, retail, industrial buildings. The fee structure asks for two cents a square foot and if you add that uPr it comes to about 20,000 dollars for an application just for conceptual approval. After conceptual approval there is a requirement for a detailed Conditional Use Permit approvalr which is five cents per square foot, which would be another 501000 dollars. We felt that 70,000 dollars for an approval of a project that would benefit the city seemed like a lot~ We talked with Anna. Anna agreed with that. She suggested we come and talk to the Council. We met yesterday with Anna and Bill Nary and Michelle Brown and come up with a number of 10,246 dollars. It seemed like an appropriate number and we all came in agreement with that and we are asking you at this time if we can make a check out to the city for that amount, so we can move forward with our planned development~ De Weerd: Council, any questions? Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: Mr~ McKinnon, I have to ask the question. How did you come up with the 10,247 was it? McKinnon: Forty-six. Wardle: Forty-six. McKinnon Madam Mayorr Councilman Wardle, we came up with that number by taking the two cents and halving it to one cent a square foot for 10rDOO square feet. The conceptual PO also requires one dollar per apartment unit and we have 246 apartment units, we said 246 apartment unitsr we will pay a dollar for each one of those, 10,000 dollars for the rest of the project, and we felt that that was appropriate. In the past you have allowed reductions like this for larger projects, such as Silverstone and those areas, and you reduced it a similar amount. (.... :: (<:;....:.. . Meridian Cjty Council March 1St 2005 Page 13 of 49 Wardle: Thanks. Had to ask~ McKinnon: Thank you~ De Weerd: Thank you~ We appreciate the question. Council, any other questions? Bird: I have none. De Weerd: Okay~ McKinnon: Thank you. De Weerd: Thank you. Council, I will also need a motion on this~ Wardle: Madam Mayor? De Weerd: Mr. Wardle4 Wardle: I would move that we approve Item No~ 8, request for reduction in fees for Pinebridge Subdivision, pursuant to applicant's comments. Donnell: Second~ De Weerd: Okay. The motion is to approve the request. Mr. Berg, will you call roll. Rountree: Madam Mayor? De Weerd: Yes. Discussion. Rountree: Though J will vote in the affirmative on that motion, 11m somewhat concerned to a bit of an arbitrary approach to this. I would suggest that we have staff review this issue and come back with either an ordinance amendment or some guidance that takes care of this in the future. De Weerd: An excellent suggestion. which we would have gotten to after the vote, if you hadn't of done that now, so -- and we do, we need to put that in perspective. J think this application has been somewhat delayed for a good period of time because of this and so we do need to clarify it~ Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea~ MOTION CARRIED: ALL AYES. Canning: Madam Mayor? ( (....:.... Meridian City Council March 15 f 2005 Page 14 of 49 De Weerd: Thank you~ Anna. Canning: The last time this issue came up I got similar instructions and I did go back and I looked at the fee structure and what we discovered is ifs just these large projects that really throw it out of whack. Part of the problem is that we require the conceptual and, then, the detailed CU. So, we will completely revamp the fee ordinance and bring it to you, along with the new zoning ordinance that will be necessary, because, like for conditional usesJ for instance, they are no longer coming all the way up to you, so we need to amend the fee appropriately to reflect that the P&Z will be making the decision. So, there will be a wide restructuring of the fee structure and there is no more conceptual versus detailed CU. So, I think we will have a better tool for coming up with appropriate fees for you~ And I would also like to state for the record that some -- that the delay in processing with regard to the fee was not as much as other reasons regarding the conceptual site plan, so -- De Weerd: Which have all been worked out? Canning: Yes~ And they are ready to go. Item 9: FP 05-015 Request for Final Plat approval for 2 office building lots on 2~44 acres in a R-8 zone for Quenzer Commons Subdivision No.8 by Brighton Development, Inc~ - west of Locust Grove Road and north of Ustick Road: De Weerd: Thank you~ Okay. We already called roll and moved on this one, so let's move forward. Item 9 is FP 05-015. I will start with staff comments. Canning: Madam Mayor, Members of the Council, this is a request for two building lots on 2.44 acres. They are currently zoned R-8, but they were approved as a use exception for a planned development and we have asked that the applicant submit a rezone application for C-N, so we can get the proper zoning on the property and they -- that is currently in process~ The final plat is in substantial conformance with the approved preliminary plat and staff is recommending approvaL And there is a letter from ML Turnbull saying they are in agreement with the conditions of approval. De Weerd: Okay. Council? Okay~ I would entertain a motion~ Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move we approve Item No~ 9, FP 05-015, subject to staff comments. Bird: Second. (::.. .. (.~~. ~. . Meridian City Coun ci I March 15t 2005 Page 15 of 49 De Weerd: Okay. The motion is to approve Item 9. If there is no further discussion, Mr. BergJ will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Item 10: FP 05-016 Request for Final Plat approval of 50 single-family residential building lots and 9 common Jots on 23. 71 acr~s in a R-4 zone for Bridaetower Crossina Subdivision No. 11 by Primeland DevelopmentJ LLP - west of North Linder Road and south of West McMillan Road: De Weerd: Item 1 0 is FP 05-016. Start with Anna. Canning: Madam Mayor, Members of the Council, this is a request for 47 single family residential building Jots, three commercial office lots, and nine common lots on 23~ 71 acres in Bridgetower Crossing Subdivision. Thafs the preliminary plat that's before you right now and as you will see, the final plat is in substantial conformance with the approved preliminary plat. Staff is recommending approval. De Weerd: Okay. Is the applicant in agreement with all staff comments? Canning: Oh, I'm sorry. I do have a Jetter from the applicant stating they are in agreement with the conditions of approval. They did note some concern about the drainage areas with problems they have been having out there, but they will work with staff to address those issues. De Weerd: Okay~ Well, with the letter from -- Rountree: Madam Mayor? De Weerd: Mr. Rountree~ Rountree: I move that we approve Item No.1 0, FP 05-016, subject to staff comments and working out the drainage issues. Donnell: Second. De Weerd: Okay. The motion is to approve Item 1 O. Mr~ Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Item 11: FP 05-017 Request for Final Plat approval for 47 single-family residential building Jots and 2 common lots on 17.53 acres in a R-8 zone for c.:. (:~:.'..... Meridian City Co unci! March 15 J 2005 Page 16 of 49 Paramount Subdivision No.5 by Paramount Development, Inc~ - south of Chinden Boulevard and west of North Meridian Road: De Weerd: Thank you~ Item 11 is FP 05-017. Canning: Madam Mayor, sorry about that~ Madam Mayor, Members of the Council, this is the -- this one has 47 single-family residential lots, too~ That must be a magic number today. This is the fifth final plat for Paramount Subdjvision~ It includes 47 single family residential building lotsf two common lots, on 17 ~53 acres of land and the preliminary plat is shown before you now~ This is toward the north end of the site just before you get to Chinden Boulevard. And as you can tell, the preliminary plat -- final plat is in substantial compliance with the approved preliminary pJat~ Staff is recommending approval. I do have a letter from the applicant stating that they are in agreement with the conditions of approval~ We have been discussing the configuration of two lots in the northwest corner and the design of the flag and driveway associated with those lots, so staff is still working on that, but any answer that they -- or any solution that we come up with will be, essentially, the same as what's before you nOW4 De Weerd: Okay. Thank you, Anna. Council, any questions? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve Item No. 11 J FP 05-017, Paramount Subdivision No.5. Donnell: Second. De Weerd: Okay. We have a motion to approve Item 11 and a second. If there is no discussion, Mr. Berg? Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Item 12: Continued Public Hearing from March 1, 2005: PFP 04-008 Request for Preliminary/Final Plat approval for 4 building lots on 8.02 acres in an 1- L zone for Nola Subdivision by Bergey land Surveying - SWC of East Pine Avenue and North Nola Road: De Weerd: Okay~ Item 12 is a continued Public Hearing from March 1 st, on PFP 04- 008. I will open this Public Hearing with staff comments. Canning: Madam Mayor, Members of the Council, this is a combined request for a preliminary and final plat approve for four building lots on eight acres in an I-L zone. The property is located. on the southwest corner of Pine Street and Nola. The ;:.. .. \.:..... : (. . Merjdian Cjty Council March 1St 2005 Page 17 of 49 preliminary plat would create four lots, the large one that is currently occupied by Oak Harbor Freight, and, then, three smaller Jots that front onto Pine Street. 11m just going to briefly hit on some of the issues that were discussed during the -- well -- okay. The Planning and Zoning Commission has recommended approval of this application to you~ They held a hearing on March -- no. They held a hearing on February 3rd. The applicanfs representative Angie Cornish testified in favor of the application and the Planning and Zoning Commission took testimony -- Josh was presenting the application. The big discussion items, which is what I was trying to get at, were two. One was a multi-use pathway and currently the multi-use pathway is generally shown coming up to Pine and, then, it -- there is one that angles off onto this property here, which was the one that you just granted the reduction in fees on, so we will see the continuation of this multi-use pathway down to Pine. It doesn't follow a natural feature. The issue is -- currently shown as coming up Nola, but once Locust Grove is fully improved, they will close off the NoJa grade crossing of the railroad tracks. There will be a cul-de-sac here and a cul-de-sac here~ So, they don't want people walking across it when they are not letting people drive across it either. They don't want a separate pedestrian access there. So, there is a need to shift this pathway~ It comes up through the new -- kind of around the new ACHD facility~ There is a need to shift it onto Locust Grove~ So, the question was where is the appropriate -- how do we get those multi-use pathways~ That was the major discussion item at that time and, then, the future ACHD requirements regarding Pine and Locust Grove~ This is kind of a key intersection at this point~ The Commission did recommend adding a site-specific condition number six that basically said give us a blanket easement on this Locust Grove site and somewhere where we can put a ten-foot multi-use pathway. In reviewing this application today with the Public Works director and the city attorney, we felt it was not appropriate for the Council to add that condjtion~ John Priester, the county surveyor, does not want to see -- or basically will not allow unspecified easement locations. You canlt have a blanket easement, you have to pinpoint it on the plat~ So, that condition that the Commission added would not be acceptable for recording purposes. We looked up the construction plans for Locust Grove and they do provide a seven-foot wide sidewalk within the right of way along Locust Grove. Similarly, there will be a seven-foot sidewalk on Pine Street within the right of way. Well, I donlt know jf that one is in the right of way~ 11m assuming it is. It is~ I'm getting a nod -- an affirmative nod from the applicant. So, we think that although seven-foot sidewalks are not a preference for a multi-use pathway, in this case where ACHD is constructing it already and ifs in the works, we feel it would be acceptable for this project at this time. I believe that's the -- really, the only outstanding issue for the Council at this point and so I will end statrs presentation. De Weerd: Okay. Council, do you have questions for staff at this time? Bird: I have none. Rountree: I have none. De Weerd: Okay. Would the applicant like to make comment? If you will, please, state your name and address. (~ (~~,u... ,..... Meridian City Council March 15, 2005 Page 18 of 49 Cornish: 11m Angela Cornish and I live at 600 Eastman Street in Boise, and I just wanted to add in a little bit of detaiJ~ Anna is filling in, because Joshua is the one that has been following this project all along and Joshls wife just had a baby and so Josh is the one that's able to present it, but, unfortunately, the day before his wife had a baby he and I went into a long conversation about this whole easement idea and about what could we do with this idea of a meandering easement that we wouldn't have defined and we talked with ACHD and talked together and I agreed that that seven foot sidewalk that ACHD has planned, ies within their right of way and I believe there is at least two to three feet of right of way also behind that sidewalk~ So, if at some point the city wanted to talk with ACHD, there would be some sufficient space to actually pull that sidewalk away from the curbf if you wanted to do that, or widen it to ten feet or meander it slightly within that~ And so he and I had agreed the same thing, that, basically, it really didn't make sense to put a nebulous, kind of arbitrary easement on that, that we agreed that there was at least seven feet and, if not, ten feet, possibly, to fit a sidewalk in that space. And so Anna wasn't party to that, because Josh had taken off and probably hadn't conveyed that information to her and I apologize, I didn1t realize you didn't know that, so I just wanted to note that there wasn't anything that was still out there, he had kind of resolved that and, then, the next day he was gone, so that's that. If you have any questions or anything~ De Weerd: Okay. Council, do you have any questions? Rountree: No. Bird: I have none, Mayor. De Weerd: Thank you. Cornish: Thanks. De Weerd: Is there anyone else who would like to provide testimony on this application? Seeing none, Council, if you have no further comments or questions, I would entertain a motion to close the Public Hearing. Rountree: So moved. Bird: Second. De Weerd: Okay. The motion is to close the Public Hearing on Item 12. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. De Weerd: Mr. Wardle. (:~.U.' . Meridian City Council March 15 t 2005 Page 19 of 49 Wardle: Madam Mayor. Annaf we have got a set of draft findings for this as well? De Weerd: Oh, yes, sir, you do. Wardle: Which portion of that would need to be amended to remove the blanket easement? Canning: The site specific condition number six. And I think thafs one where you could probably just go ahead and recommend deleting it and we can get them over to be signed. Wardle: Okay. Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move that we approve Item No 12, PFP 04-008, for Nola Subdivision and to approve the Findings with the deletion of site-specific condition number six. Rountree: Second. De Weerd: The motion for Item 12 is to approve with the amendment as stated. Is there any further discussion? Hearing none, ML Berg. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Item 13: Public Hearing: AZ 04~033 Request for an Annexation and Zoning of 15.92 acres from C-2 and RUT zones to C-G zone for Star-It by Avest LP - 355 North Ten Mile Road: De Weerd: Thank you. Item 13 is a Public Hearing on AZ 04-033. I'll open this Public Hearing with staff comments. Canning: Madam Mayor. Members of the Council, this is a request solely for annexation of 15.92 acres and they are requesting C-G zoning. The site is currently developed as a storage area for Star-It and you will see that the front half of the site is developed, but the rear half is not. They do receive City of Meridian water and as a condition of obtaining that water they were required to annex when they were contiguous, so they are now contiguous and available for annexing. They have submitted a conceptual site plan for their further development of the property, as shown here, and this site plan is only provided for your purposes~ They have not asked for this detailed conditional use approval at this time. Staff is recommending a development agreement associated with this and the -- we would suggest that the following items be included in that development agreement: Ten Mile Road, which is on the east side of the property, is within ACHDfs five year work plan and the right of way will be required to (; .. i-<.. : ~ . to.! \,. Meridian City Cou ncil March 15. 2005 Page 20 of 49 complete the plans that ACHD is preparing~ Staff is recommending that the applicant dedicate the right of way as set forth by ACHD as a condition of the development agreement And, then, prior to issuance of any building permit or certificate of zoning compliance on the subject staff is recommending that it be reviewed for landscaping, parking, setback requirements back here~ We are also recommending that prior to issuance of any building permits or certificates of zoning compliance that the required right of way shall be dedicated to ACHD~ And, then, finally. the Comprehensive Plan designates a multi-use pathway along the Ten Mile Drain -- or Ten Mife Creek and so we are recommending that the development agreement require the applicant to construct a ten foot multi-use pathway to the parks department standards~ Prior to the Planning and Zoning Commission hearing, the applicant did raise concern with the last item that I just spoke to, so that was the primary item of discussion -- or one of them at the Planning and Zoning Commission hearing. They did conduct that hearing on February 17th and the multi-use pathway was discussed, particularly should we -- I think the developer -- or the applicant was in favor of just giving the easement and not developing it at this time. We explained that the standard process for the city is to build those short segments of pathway, so that we can connect themf eventually, and we were -- staff was not in favor of not having it developed and the Planning Commission __ and that's what was in the staff report and the Planning Commission agreed~ So, they did require construction of the pathway. With that, I will end staff's presentation. De Weerd: Okay~ Thank you, Anna. Annat do we not have any special landscape issues with these gateway corridors? With this being at the Ten Mile, with a future interchange theref I guess -- I thought we had specific landscape requirements for entry corridors. Canning: We do~ The entryway corridor ends at Franklin. I didn't get you many bearings. I'm sorry. This is FrankJin~ This is Ten Mile~ Here is the railroad track. It does end at Franklin Road currently~ The landscaping -- and the applicant can explain this a little bit better, but I do believe that he and Joe discussed the deficiencies in the current landscaping, as compared to our code, because Ada County doesnrt require nearly as much landscaping. I think the conditions of approval as worded were __ specifically mentioned landscaping as one of those, because I think that was a concern. They are built fairly close to the right of way and when ACHD takes additional right of way there will not be much property left there to landscape along there~ But 11m sure that the applicant can address that in more specifics. De Weerd: Thank you~ Thank you. Any questions, Council? Bird: J have none, Mayor. De Weerd: Okay~ Would the applicant like to come forward~ If you will, please, state your name and address~ Callaham: Craig Callaham, 6170 Shandee, Meridian. (~. t~....... . . . (:. .. '\.~:..... : . .. Meridian Cjty Council March 15 t 2005 Page 21 of 49 De Weerd: Thank you. Callaham: The owner is in agreement with what was -- the conditions that were placed at the Planning and Zoning Commission meeting and they had a few concerns with the path still, mainly in that the concern about indemnity of the public walking down through the middle of their property and falling into the creek and going out onto the railroad track and things like that, but those are all things that can be addressed in the development agreement, I believe. And as for the landscaping, it is developed under the Ada County rules and so they understand that it has to be upgraded to meet the current rules of the City of Meridian. De Weerd: So, they understand that, but there is different setbacks and -- thinking of buildings there. So, what do you mean by they understand that? What are their plans? Callaham: There is an existing sidewalk along Ten Mile and) then, there is probably in some parts 15 and some parts 20 feet of landscape area before you get into an ornamental iron fence there that can be landscaped. De Weerd: Okay. Callaham: As well as along the sides of the railroad track and along the future pathway. De Weerd: Thank you. I just had one other observation, you know, we don't always have this opportunity, so -- but there is an entry corridor and you have your uncovered storage on the southeast corner. Is there a way that that can be landscaped to kind of shield what's being parked there? Callaham: If we could go back to the conceptual plan, one of the ideas is that we get some buildings -- you can seek along that front part trying to get a building in there to help shield it. De Weerd: Oh~ Okay. Callaham: Any storage units, the buildings kind of become your fence, your screening fence, they kind of block the view, then, you don1t see the cars that are parked outside or anything like thatf so -- De Weerd: Thank you~ I appreciate that. Councilf any questions? Bird: J have none, MayoL Rountree: I have none. De Weerd: Okay. Thank you very much. Callaham: Thank you. c. .. /....::... (,:.. . Meridian City Council March 1St 2005 Page 22 of 49 De Weerd: Is there anyone in the audience who would like to provide testimony on this application? Okay~ Council, there are no other questions or information needed? Wardle: Madam Mayor? De Weerd: ML Wardle~ Wardle: Hearing no more requests, I move that we close the Public Hearing on Item 13. Donnell: Second. De Weerd: The motion is to close the Public Hearing on Item 13~ All those in favor say aye. All ayes. Motion carries~ MOTION CARRIED: ALL AYES. De Weerd: Discussion or motion? Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move that we approve Item No. 13, AZ 04-033, annexation and zoning for Star-It and to also approve the findings pursuant to staff and applicant comments. Donnell: Second. De Weerd: The motion is to approve Item 13. If there is no further discussion, Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Item 14: Public Hearing: CUP 04-055 Request for a Conditional Use Permit I Planned Development for office, retail and daycare uses in an I-L zone as required by CUP 04-009 and a request for a building height modification from the previously approved 40-feet to 52-feet for DBSI Realtv CorD. by DBSI Realty Corp. - north of West Overland Road and east of South Linder Road: De Weerd: Thank you. Item 14 is a Public Hearing on CUP 04-055. I will open this Public Hearing with staff comments. (.: .. :. ( Meridian City Council March 1St 2005 Page 23 of 49 Canning: Madam Mayor, Members of the Council, this site is located on Overland Road west of Meridian Road and this is Stoddard coming down south here. It doesn't go north on Overland Road. The request is for, essentially, a modification of the previously approved planned development and the request is to allow office, retail, and daycare uses and I-L zone and for a building height modification from a 40 foot limit to 52 feet. As I mentioned before, this is the previously approved planned development. You will see, though, that only one building right there, which is Western Electronics, has currently been constructed. The other ones are all shown as future buildings. This site has been modified to have kind of two twin towers, so to speak, of 52 height -- 52 feet in height. Here is an elevation of those buildings. The previous planned development specifically required conditional use approval of office, retail, and daycare uses and so thatfs why that's included within this application as well. The two buildings will be about 60,000 square feet each. We did review the parking and landscaping requirements and have worked with the applicant on those items. Did want to point out that they have added an additional driveway cut from the original application. ACHD has -- had recommended not allowing that one~ They did appeal that request and I believe they can give you an update tonight. My understanding is that ACHD did not grant their appeal on that issue. The Planning and Zoning Commission heard this item on February 3rd~ They have recommended approval with the conditions of approval that have been attached in the findings~ The key issues of discussion were the height measurement of the building and whether it was 52 feet to the very top of the building and it is and the access points as required by ACHD and, then, the landscape plan requiring future approvaL So, as I have said, Staff has worked with the applicant on the necessary changes to the landscape plan~ To our knowledge there are no outstanding issues before the City Council and with that I will end staff's presentation. De Weerd: Thank you, Anna. Any questions for staff at this point? Bird: I have none. Rountree: None. De Weerd: Okay~ Is the applicant here? Yancey: Yes. My name is Wayne Yancey. 11m at 2621 Autumn Way, Meridian, Idaho. And we are in concurrence with the findings and recommendations of staff~ De Weerd: Thank you. Any questions for the applicant? Bird: I have none, Mayor. De Weerd: Thank you very much. Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree. ( r.. ~~~:..:..'~ .... Meridian City Council March 15 t 2005 Page 24 of 49 Rountree: Whafs going on with the -- it appears to be kind of a boulevard type of access in the middle, but what's happening on the outbound side? It seems to lose its translation in your graphic there. Yancey: On which? Rountree: That would be the middle access -- yeah. On the west side there. Yancey: This is an existing, divided private drive. ACHD denied our request for an additional -- or for two additional drive curb accesses, so it would be our intent -- and they had no preference to which one~ It would be our intent to construct the western most drive and they -- their recommendation was to allow for a 36 foot width on that curb cut. But this -- this drive is existing up to about this location right now and so these two buildings would be served by this drive and the drive on the west The intent would be for the -- the divided drive to continue through the property to the north, approximately to the freeway that's located right here. Rountree: Thank you. Yancey: Okay. De Weerd: Thank you. Is there anyone who would like to provide testimony on this application? Hearing none, any further information needed from staff and the applicant? Bird: I don't, Mayor. De Weerd: Okay. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: Hearing nothing else, I move that we close the Public Hearing on Item 14. Bird: Second. De Weerd: The motion is to close Item 14~ All those in favor say aye. All ayes. Motion carries~ MOTION CARRIED: ALL AYES. Wardle: Madam Mayor? De Weerd: Mr. Wardle4 ( . c=.'.... Meridian City Council March 15, 2005 Page 25 of 49 Wardle: Anna, just a quick clarification. The applicant had mentioned that ACHD upheld their denial of the curb cut. You mentioned that the Planning and Zoning Commission was also recommending that, and so to approve the findings we wouldn't need to change anything? Canning: Correct. Wardle: Okay. With that, Madam Mayor, J would move that we approve Item No. 14, CUP 04-055, Conditional Use Permit for DBSI Realty Corp. and to also approve the findings pursuant to staff and applicant comments. Rountree: Second. De Weerd: Okay. The motion is to approve Item 14. If there is no further discussion or comment, Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Item 15: Public Hearing: PP 05-001 Request for an amendment of the Preliminary Plat for phases 7 & 10 of Saauaro Canyon Subdivision consisting of 21 single family residential building lots on 6+/- acres in a R- 4 zone by Farwest - 6210 North Meridian Road: De Weerd: Thank you. Item 15 is a Public Hearing on PP 05-011. I will open this Public Hearing with staff comments. Canning: Madam Mayor, Members of the Council, this is an amendment to the previous approval for Saguaro Canyon Subdivision. The entire site for Saguaro is shown here and, then, this is the portion -- this is the approved preliminary plat and this is the portion that's being reconfigured. Note the five-acre Boyack property. As you may recall, they did request that this be left as a single five-acre property. It does have a flag frontage extending out to Meridian Road andf then, you can see the angle on it and the angled street, whereas everything else is pretty much north-south in this area. The owners of -- the Boyacks have decided to go ahead and develop at this time, so the primary purpose of this amendment is to develop that property and here is the five acre piece right there. You can see that the amendments -- the previously angled streets, they have asked to amend these seven and also with that, so that they can kind of straighten out the roads and make it similar to what the rest of Saguaro Canyon looks like. So, in this amendment they are proposing 21 new single-family residential lots on approximately six acres. The lots range in size from 6,808 square feet to 20,861 square feet. The Planning and Zoning Commission did -- held their hearing on February 17th and the applicant's representativef ML Dave McKinnon, testified in favor of the application. They also -- you know, all of my staff put in this little comment that says they took oral and written.testimony, but I don't believe anybody else spoke against the r ... ..... ..~ (d.~... Meridian City Council March 15. 2005 Page 26 of 49 application at that time. The key issues of discussion by the Commission were the removal of the 24-foot flag lot extending to Meridian Road and that was in the original Saguaro Canyon Subdivision approval that that needed to be removed when this property was further developed. And, then, clarify -- clarification of the required street section was per the Meridian fire department The fire marshal changed the standard to read 33 feet face of curb to face of curb and on a rolled curb we are unable to measure what the face of the curb is at that point, so we did change it back to the former standard, which had been back of curb to back of curb. So, that was one of the key changes to staffs initial recommendation. And, then, they did add -- they deleted a site specific condition number two and, then, they added a site specific condition number twof which references item number eight, page eight, of the development agreement for Saguaro Canyon and I believe that was for a -- I forgot to look that up, but r believe that was in reference to the 24 foot side lot. The other change was just filling in the numbers on one of the fire department comments. They had been left blank~ So, it was just filling in the numbers to read the proposed 21 lot subdivision, with an estimated 2.9 residents per household, it will have a total isolated population of 66 residents, so that was just kind of a clerical cleanup. With that I will end staff's presentation. De Weerd: Anna could repeat what the size ranges from of the lots? Canning: They range from 6,808 to 20,861. I believe the 20,000 square foot Jot is probably right here, just as you enter Ventana Subdivision. Is that the right name? Ventana. Yeah~ De Weerd: Councilman Rountree? Rountree: Madam Mayor~ If those sizes are current, how can it be zoned R-4? Canning: They had a planned development~ Rountree: Okay~ Canning: The overall gross density of Saguaro Subdivision was for 3~09 acres -- I mean 3.09 units per acre. They did do a planned development, which included reduced frontage requirements, cul-de-sac length, modifications to minimum lot size, modifications to the minimum house size. Rountree: Madam Mayor? De Weerd: Yes. Rountree: I heard you say that the flag Jot that we have had numerous discussions about over the months has been removed, but what's the fate of the flag-pole, if you will? I mean who is going to claim ownership of that? Is it going to become a linear weed patch? What's going on there? (. .. (('.-... \ Meridian City Council March 15, 2005 Page 27 of 49 Canning: The specific -- the specific condition of approval in the original Saguaro Canyon was that they needed to sell it to one of the two property owners. At the Planning and Zoning Commission the appJicanfs representative did testify that they talked to Mr. Priddy about purchasing that property. De Weerd: Okay. Any further questions for staff? Okay. Is the applicant here. If you will, please, state your name and address for the record. McKinnon: Dave McKinnon, 735 South Crosstimber. We have read the recommendations and agree with the recommendations from the Planning and Zoning Commission and ask if you have any questions at this time. De Weerd: Okay. Any questions for the applicant? Bird: I have none, Mayor. De Weerd: We knew you would be back. Rountree: We knew this would happen. Bird: Yeah. De Weerd: When you separated that piece out~ We just didn't think you would be back so soon~ Rountree: You wouldn't take our advice. De Weerd: Yeah. How can you comment on that? Bird: Didn't you have a comment, Dave? De Weerd: Okay. Council -- 11m sorry. Is there anyone who would like to provide comment or testimony on this application? Okay. Any further information from staff before we close the Public Hearing? Okay. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: J move we close the Public Hearing on Item 15. Bird: Second. De Weerd: Okay. the motion is close the Public Hearing on 15. All those in favor say aye. All ayes. Motion carries. ( (::,.:.. . Meridian City Council March 15 r 2005 Page 28 af 49 MOTION CARRIED: ALL AYES. Bird: Madam Mayor? De Weerd: Mr~ Bird. Bird: I move that we approve PP 05-001, Saguaro Subdivision, and to include staff and applicant comments. Donnell: Second. De Weerd: Okay. The motion is to approve Item 15 and we won't say the name of that subdivision -- Bird: Saguaro. De Weerd: Name it something different. If there is no further discussion, Mr. Berg, will you call roll. Berg: Thank you, Madam Mayor, Members of the CounciL Just a clarification. We are approving the attached findings also in that motion. Thank you. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES~ Item 16: Public Hearing: RZ 04~016 Request for a Rezone of .27 acre from R-4 to 0- T zone for Serendi~it~ Place Subdivision by Susan Howard - 1305 West 1 st Street: Item 17: Public Hearing: PFP 04-009 Request for Preliminary Final Plat approval of 4 single family attached residential building lots on .27 acre in a proposed Q-T zone for Serendioitv Place Subdivision by Susan Howard - 1305 West 1st Street: De Weerd: Thank you. Items 16 and 17~ I will open those two Public Hearings for RZ 04-016 and PFP 04-009. I will start with Anna's comments. Canning: Madam Mayor, Members of the Council, this project is located on Cherry Lane. Not Cherry Avenue, but Cherry Lane and West 1 st Street. Cherry Avenue, not Cherry Lane. I got that backwards. Sorry. This is the not-carrying-much-traffic Cherry Street. Anyway, ifs located on the northwest corner there. And what the applicant is proposing to do -- there is an existing home. They are proposing four attached single- family homes on the property~ So, they would remove the existing home and, then, there would be two structures, so they would be attached, but on separate lots for each one. So, ies a four-lot subdivision that is before you today as a preliminary and final c... :. ('~'. \.~...:... . Meridian City Council March 15, 2005 Page 29 of 49 pJat9 ThenJ they have also requested a rezone to Old Town along with this project. OkaY9 The lots range in size from 2,331 square feet to 4t050 square feet. And the minimum square footage of each residence would be 1,1 00 square feet. The future homes on Lots 2 and 3 would share a common drive. And, then, four would take access from 1 st Street and Lot 1 would take access from Cherry Avenue. OkaYa There was a site specific condition of approval in the initial staff report regarding fire hydrants and, essentially, it was unless otherwise allowed by the Meridian fire department, they needed to provide corner -- a hydrant at the corner of Cherry Avenue and 1 st Street. Since that time the applicant has been working with the fire department -- and I will have an update on that condition of approval. The Planning and Zoning Commission heard this item on February 17th. Kevin Harris, the appJicanes representative, spoke in favor. There was one speaking in opposition. And the key issues of discussion were the applicant requested to pay a well development fee, rather than install pressure irrigation systems. And, then, since that time the issue of the hydrants has been resolved also. The Commission did amend site specific condition number four on page ten of the staff report by removing the requirement for the pressurized irrigation to serve each lot and that in lieu of that requirement each lot would be required to pay the well development fee. There is an e-mail, I believe, from Craig -- or between Craig and Kevin that discusses the hydrant issue and, basically, the applicant was able to satisfy the Meridian fire department that they had -- yeah -- that they had enough fire hydrants in the area and one would not be required for this project9 I believe the way the condition is currently worded, it would not need to be changed, because it says unless otherwise - - n09 Unless there -- unless otherwise allowed. So, there is enough discretion there that we don1t need to change the condition of approval. With that I will end staff's presentation. De Weerd: Council, do you have any questions? Bird: I have none, Mayor. De Weerd: Okay. Is the applicant here? If you will, please, state your name and add ress. Harris: Kevin Harris. Business address is 1800 West Overland Road in Boise9 Jim speaking on behalf of the applicant S.usan Howard tonight again. We are in agreement with all the conditions of approval on the subdivision and we ask that you approve us tonight. If there is any questions for me, I would be happy to answer them. De Weerd: Okay. Council, do you have any questions? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Could you give us some design detail on the proposed housing? ...(: .. . c.... ... .. (_.~ .\. Meridian City Council March 151 2005 Page 30 of 49 Harris: Design detaif as in what type of houses or-- Rountree: Do you have an elevation? Any information? Harris: Correct. At the Planning and Zoning hearing we did give a photograph of the type of housing that Susan would like to put up on the site~ I don't know if Anna has that photograph still. Canning: Madam Mayor, Members of the Council, Councilman Rountree, that did not make it into my records. The clerk's office probably got a copy of the photographf if you want to take a brief -- ah. I can put it up on the -- Harris: That's the type of unit, except they will be attached. We have got some real positive feedback from the neighbors in the subdivision that like the idea. Rountree: Thank you. De Weerd: Thank you. Any further questions? Thank you very much. Okay. Is there anyone who would like to provide testimony on this application? Okay. Council. what would you like to do? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Hearing no more testimony, I move we close Items 16 and 17, RZ 04-016 and PFP 04-009. Donnell: Second. De Weerd: Okay. The motion is to close the public hearings on Items 16 and 17. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move that we approve RZ 04-016, Serendipity Place Subdivision, and to incorporate staff and applicant comments. Rountree: Second. De Weerd: Okay. The motion is to approve Item 16. If there is no further discussion, Mr. Berg, will you call roll. ( .u...~:......... . f:. . .t. .. Meridian City Council March 15 f 2005 Page 31 of 49 Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea~ MOTION CARRIED: ALL AYES. De Weerd: Okay. Item 17. Bird: Madam Mayor? De Weerd: ML Bird. Bird: I move we approve PFP 04-009 for Serendipity Place Subdivision and to include all staff and applicant comments. Rountree: Second. De W eerd : The motion is to a pprove Item 17. M L Berg, will yo u call ro II. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Item 18: Public Hearing: CUP 04-054 Request for a Conditional Use Permit for a Planned Development for retail uses in a C-N zone for The Shops at Cherry lane by High Point Equities, LLC - SWC of West Cherry Lane and North Ten Mile Road: De Weerd: Item 18 is a Public Hearing on CUP 04-054. I will open this Public Hearing with staff comments. Canning: Madam Mayor, Members of the Council, this project is located on Cherry Lane and Ten Mile and it located right next to the Grocery Bag Subdivision, which has the Albertson's market on it. You can see it's a small, triangle shaped property, currently vacant. The request that's before you tonight is for conditional use approval for a planned development to allow two structures on the site. As you know, our current code only allows one structure. So, that's the primary purpose of the planned development Ifs already zoned C-N and already annexed into the city. As this was being processed there was two site plans we were looking at, because the applicant was working with some potential tenants and he was narrowing down his choices, so the staff report talks about two site plans. At the Planning and Zoning Commission they did just -- were able to focus on one site plan and thaes the site plan you see here before you~ The site plan is for approximately -- the first building, A, would have 6,050 square foot of retail and, then, the second building would have 3,250 square feet of retail. You can see that this -- the retail building A, the western most site is set up for a bank, with the three drive-thru tellers~ The general traffic flow would come into the site from the north, swing down and, then, go back around the northern buildings. There is C. :.. . I~~~... . \:" "" :": Meridian City Council Ma rch 15J 2005 Page 32 of 49 also, you will note, a drive-thru on the south side of the southern building and, then, it enters into the Albertson's parking lot. They are removing a number of the existing parking spaces in the Albertson's parking lot -- let me look that up~ I believe it's six existing spaces, but, then, they will develop 25 additional spaces. So, there are reworking this areaf basically. And, then, the rest of the site had 27 parking spaces -_ one more down here that would make 28. And, then, three parking spaces that are mostly within the Albertsonls Jot. That is the site plan that the Planning and Zoning Commission reviewed at their hearing on February 17th. They have recommended approval of this project. The applicant's representative Brent Dixon testified in favor of the application. There were several community members that testified in opposition. The key issue of the discussions were the appropriateness of the drive-thru facility, particularly -- or most specifically the one on the southern most building. The impact on surrounding properties, particularly, those folks in Rodrs Parkside Creek Subdivision. And the improvements and changes to the site layout in order to facilitate a more functional site. And, then, screening for the property owners across the Eight Mile Lateral. And, then, the reduced street buffer along Cherry Lane~ They are not able to meet the full buffer -- street buffer requirements~ The existing street buffer on Cherry Lane does jump significantly from property to property. It goes in to about five feet in some areas and, then, some have required 25 feet. They are asking a reduction to the 20 feet -- to 20 feet in this area. There are specific provisions for unusually shaped properties to allow a reduction in that buffer requirementf particularly when the -- kind of the average width -- or length or depth of the property, which in this case would be around here, is -- when the buffer would be substantial in relationship to the average depth and it specifically allows a reduction in that buffer requirement. This evening the applicant has given me a site plan -- and I will put it up in just a second -- that reflects the changes that the Commission wanted to see~ Staff has not had a chance to review the site planf but I do think it would be helpful for you to look at and also for the neighbors to comment. So, just a moment. Madam Mayor, Members of the Council, as you can see, the applicant has reworked the drive aisle a little bit coming out of the bank, which I was concerned about. They have also eliminated the drive-thru on the south side of the southern building. They have kept the same number of parking spaces, although they still have a compact spot here and I thought they were going to put a plaza there. Again, staff has not had a chance to look at this, although it's a fairly simple site and they seem to have met most of what -- the conditions that were asked for. I wouldn't recommend -- I would recommend keeping the -- the findings are specifically related to the former site plan, but I think this gives you an indication of -- in meeting those conditions of approval, this is probably the site pJan that staff would review for a certificate of zoning compliance~ Bird: The date on it? Canning: The date is today's date. But, again, I'm not sure I would -- depending on how the Council goes, J don't think J would recommend putting that in the findings, because staff hasn1t reviewed this~ With that, JIJI end staff's presentation. ('m sorry~ De Weerd: Council, questions? c..... ;.. t-r"... \:. Meridian City Council March 151 2005 Page 33 of 49 Bird: Madam Mayor? De Weerd: Uh-huh. Bird: Anna, run me through how the -- after you come through the drive-up at the bank, how are you going to get back out? Are you going to make a u-turn there or a hard sharp right or do we go through Albertson's parking lot now? Canning: I think the latter answer is about all you could do~ I don't think there is enough turning radius with a large car to get back out to Cherry Lane. Bird: So, I take it that's only going to be an entrance, then, that deal there? Canning: We have not discussed making it an entrance only. If you were -- if you were parked in the stalls, you could back out and go out that way~ It would just really be the drive-thru traffic, unless they wanted to park and turn around. They would probably find their way out through the Albertsonls parking lot. Bird: Anna, I think thaes a pretty narrow drive-in, 28 feet, to be having two-way traffic. Especially when you have got -- if you don't make it one way in, you're going to have cars -- I don1t care what -- trying to swing out and get -- go back out that way from the drive-thru. Canning: The swing out is certainly a concern. The drive aisle -- we only require 25 feet by code. It is wider where it connects to Cherry Lane. Bird: I agree 25 feet -- 28 is probably wide enough, but not in that circumstance~ I mean you have to got to take each circumstance and look at it as to what width you need. I mean you're going to have people -- I donlt care what you say, unless you have it designatedf you're going to have people trying to get out and swing back out that way and you're going to swing out into the other lane, I don't care how small of car you got. Thatls the only thing I -- and we can ask the applicant when he comes forward what kind of idea they have. Canning: That was discussed and that is a concern, although I think we just envisioned they wouldn't -- we didn1t have this much discussion at P&z. De Weerd: Okay. Any further questions? Okay. Would the applicant like to come forward. If you will, pleasef state your name and address. Dixon: My name is Brent Dixon. I live at 23675 Southwest Robison Terrace, Sherwood, Oregon. 97140. Madam Mayor, Members of the Council, thank you for having this public meeting this evening~ J am currently in the process of purchasing the land adjacent to Albertsonfs. This property right here is roughly 50,000 square feet. Ifs zoned commercial. It has.the same zoning designation of the Albertsonls store adjacent (.....:. ( Meridian City Council March 15, 2005 Page 34 of 49 to it. Unlike the Albertson's store, though] it doesn't have the Conditional Use Permit, which Albertson's was granted in I think 1996 when their store was approved. There was actually some -- quite a bit of discussion at that time in terms incorporating this site into the overall Grocery Bag Subdivision. The property owner at the time Wally Levan and the developer just couldn't agree on price and so it was left out. But I believe the City Council at the time recognized that this day would come when we all are here and as a condition of approval for the Albertsonls project, a granted -- an easement was granted to this parcel right here and so there is -- in fact, there is an existing development agreement in place currently between the Albertson's, the adjacent shop right here, and this is considered parcel three in the Grocery Bag Subdivision~ It does have the access that we have outlined right here~ In terms of the types of retail use, right now I'm in discussions with a bank, which would be right here. Just some clarification~ The way the banks like to have their drive-thrus now is they like to have one drive-thru where they have the teller window, they like to have a drive-thru next to the teller window for their A TM machines and, then, they like to have a drive-thru lane, which is just basically a pass-through lane~ You mentioned some concern regarding the turn radius right here~ J can tell you that my architect and engineers have looked at this and they tell me that this is sufficient, but I would be open to working with staff in addressing this issue further, if staff deems that this is not sufficient. We do have a 30 foot wide drive aisle right here, because what tends to happen is you have got cars that -- you knowJ somebody wants to make a right-hand turn, somebody wants to make a left-hand turn and, then, you have to -- you have to have sufficient room if somebody is making a right-hand turn in~ And so that's what the 30 feet gives you is enough space for, really, three cars~ Twenty-eight would be a little tight for three cars, but there would never be three cars that are passing through here at the same time, so I think 38 feet is sufficient In terms of types of use, I mentioned a bank~ 11m also in discussions right now with a cell phone company. I could see an ice cream parlor coming here. A Hallmark type shop. A quick sandwich, Subway type use. There is some certain obnoxious uses that J would be willing to -- as a condition of approval shy away from. I don't think this is the right spot for a fuel center. I don't think ifs the right site for a contemporary fast food restaurant in the sense of a McDonald's or a Taco Bell. As a condition of approval, the Planning Commission asked if we would be willing to give up the drive-thru right here and we were willing to do so. Not happilYf but notwithstanding. As well as a condition of approval that -- there was some concern -- we are going to hear about it in a moment from some of the neighbors as far as noise and lights go. And some of these were -- were similar to the concerns raised when the Albertson's originally was approved several years ago and part of that was mitigated by the erection of this masonry wall and we have agreed to continue the wall up the southern edge of the property and so -- and, then, also remove the drive-thru~ Questions? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I got a question. If you want two-way traffic there, is there any way you can bring your landscaping around to where you narrow that exit from the bank over to the far -- (.' . \... (<-. ~<.:. . Meridian City Co uncil March 15 t 2005 Page 35 of 49 as far east as you can get it, so that you1re in that -- where they are actually turning, you would be into where the little curve is right there? Take that -- yeah. Can we make them line up single file -- because I know jf you got it wide enough for two cars, two cars will try to get through there~ Dixon: Yeah~ That's something we tried to do where we recognized here it was sufficient for three cars and, then, we narrow it to two cars, so I think your question is could we narrow it even further to force the car right along here to be able to make that turn. Bird: Yeah~ Especially, because, see, you have got the little jog there that gives you a little more width. Dixon: To answer your question, I think we would certainly be willing to look at that and as a condition of approval would ask that staff be granted, you know, to be able to review that and approve that~ Bird: I would have no problem with that That's the only question I had. De Weerd: Okay~ Anyone else have a question for the applicant? Dixon: I have one further question. Is there a chance for rebuttal following some of the neighbors? De Weerd: Yes. You will have the last word~ Dixon: Okay. De Weerd: Well, actually, the Council will. Dixon: Council wilL They always get the last word. Thank you. De Weerd: Thank you~ Okay. I do have several people signed up to testify or not, just to indicate their support or opposition~ Stan Kelly is signed up against~ Would you like to provide testimony? If you will state your name and address. Kelly: I do have pictures. Stan Kelly~ 3492 West Fir Creek Court~ De Weerd: Okay~ You can hand that to staff~ If you will just wait a moment while she loads that. Kelly: While she's loading that -- because I can go through those really fast~ De Weerd: Okay. (: .. . \...~. (.':._'V._ .. Merjdian City Council March 15. 2005 Page 36 of 49 Kelly: The concerns that I have is making exceptions for -- because they want to put that much -- they have even increased the square footage from the P&Z meeting, but they want to narrow the berm and I went out and measured all the rest of the berms that are on that intersection and the one in front of St~ Luke's Medical Center is 30 -- is 32 feet at the narrowest and 51 feet on Cherry Lane~ The one -- yeah, just -- those first two didn't turn out There we go. That's the wall that they have agreed to continue, but -- and I think thaes the canal right of way. Okay. We need to slow it just a bit. This is the back of St Luke's Medical Center. This is the side of St. Lukefs Medical Center. You can see trees~ And this is 26 feet. This is 51 feet out in front. This is 32 feet at the narrowest place~ This is -- goes to 51, but the narrowest place where that bank is is 32 -- can we stop it? Canning: Sir, if you could tell me how to stop it I would be happy to. Kelly: Okay~ All right. This is the berm they are planning on tearing out between Albertsonfs and the Levan property. That's 26 feet. Those trees are all six inch. There is 26 feet there, so thatls how they get -- this is along the canaL They are planning on cutting all the trees down. There is a big -- see a big old tree, a poplar tree, or whatever. Most of our bedrooms are on the -- on the second -- see, our bedrooms will be eye level -- even with a six foot stone fence, will be eye level with whatever is built there. And so noise and lighting is a concern. And what I would suggest is those trees -- those pine trees and deciduous trees make better neighbors over the years and so you have required St. Luke1s -- or St. Ails Medical Center that's on the other corner, you have required the other commercial businesses to have landscape barriers between the neighbors~ So, basically, I'm not really asking for anything but the 26-foot wide one they are tearing out to get their parking spaces, to put another one inside the canal right of way. I think that it might not help us for 15 years until the trees grow up, but at least it would be some hope and we just think ifs way too -- okay. You can end it. There is the Levan property. But it looks like you have asked Idaho Central Credit Union to have all these requirements and, basically, on the same size property that Idaho Central on the other corner has to have, they are trying to put three big -- a bank and two big businesses all on this small lot, so -- and the other concern would be -- De Weerd: If you can summarize, please. Kelly: Okay. I will summarize real quick. The other concern -- and this was a concern that Commissioner Mae had -- was that entrance at the -- on the canal side on the neighborhood side, would become a racewaYt you know, especially if stacking goes from Ten Mile and Cherry Lane, a raceway to where people would cut through there to enter the parking lot, you know, to get to Albertson's, rather than if you had the entrance where it currently is to the driveway for the Levan property, it would eliminate at least the cutting through there and I think it would eliminate some of this -- well, if you had the entrance over on this side, rather than on the neighborhood side, which if you put a berm in there, there is really not room. And, then, I don1t think -- any new business in the past ten years, I donlt know of any thaes got 20 feet in the front. It seems like they are all at least -- at least 25 to 32. So, I know there is some five foot things, but thaes C:.. :.'.. C. ~<...... . Meridian City Council March 15 ~ 2005 Page 37 of 49 on neighborhoods and, of course, if you look, everybody in their backyard, because of the noise, has planted big trees all along, even on their property, so you don't have that buffer -- buffer zone, you got a common area and, then, people plant trees in their backyards~ So, my concern is noise and lighting and plus the whole esthetic thing~ I think if you required the same thing they are tearing out there, you would really help the neighbors if you grew up trees and stuff~ Thafs alii had~ De Weerd: Thank you~ Any questions for the -- Bird: I have none. De Weerd: For Mr~ Kelly? Thank you~ Okay. I believe there is a Mike Odd Ie. I don't know. I couldn't read your writing. I'm sorry~ If you willf please, state your name and address. Oddle: Mike Oddle. 3416 West Elm Creek. De Weerd: Thank you. Oddle: I live right behind the building -- retail building B. I appreciate Mr. Dixon's revised plan with the drive-thru missing. De Weerd: BOYf that three minutes went fast. Donnell: You're done~ Oddle: I guess my only concern now is the lots and the buffer zones. The canal easement is 60 feet. It's 60 feet behind Albertson's, from AJbertsonls back fence to the neighboring fence in the subdivjsjon~ When it gets to this property, they never did take it from the farmer, so because of the tree line theref they just never pursued the buffer zone, because the trees were there. So, they use the right of way on the other side of the canal. With his proposal hers, I guess, been granted from the irrigation district going all the way to the edge of the canal, so now we don1t have that buffer zone there, plus, you know, hels getting smaller buffer zones in the front. That's -- like I said, changes are nice. If they close up at a reasonable hour, I can live with that. I mean it's not too bad. De Weerd: Okay. Thank you very much. And there is an M~ Chris something. Chrisman: Mary Ann Chrisman~ De Weerd: Okay~ Mary Ann Chrisman has signed up against. And, please, state your name and add ress. Chrisman: My name is Mary Ann Chrisman and I live at 3440 West Elm Creek~ I am also directly behind retail B and I was very much involved with the Albertson's years ago ( (.<'.. \.........: Meridian City Council March 15 f 2005 Page 38 of 49 when they put their facility in. But what was more concerning was after Albertson1s put their building in and I don1t know if the Council are aware of the problems that occurred afterwards, it was so serious -- the lighting situation was so serious, our neighborhood, as you know, has the elementary school and most of us have younger children all around that area and when Albertson's went in, the lighting was such a serious problem that all of us had to get blackout shades and it still wouldn1t work, our kids couldnft sleep at night~ So, it got so serious that myself and several neighbors put a whole coalition together and met with Afbertsonls and over a period of six months they ended up taking all of their lighting out of there and reducing it So, my concern here is shared with the rest of us, as far as the berm, and Albertson's also -- they put in such small trees and so far part, it's going to take such a long time for it really to have an effect, but my concern is whafs going to be in B. Are we going to have another lighting problem like we did with Albertson's, because taking it -- if you remove part of the berm, it brings it that much closer and, then, with the noise level and if there is any fighting concerns, we just donlt want to go through what we did years ago, because it was quite serious and so I don1t have a -- I don1t have a concern about the project being there, only that we are real sensitive to what goes into B and have some pretty strict limitations on lighting specifically and the type of business that's allowed in B~ And some real concern about the landscape, so that our children in our neighborhood wonlt go through what all of us went through back then and I don1t know if you all remember that or if you were aware of what was going on. De Weerd: Okay~ Thank you~ I don't think -- that came through while -- well, yes, Councilman Rountree is old enough to remember. Rountree: I can remember when it was a wheat field. De Weerd: We appreciate your testimony. Chrisman: Thank you~ De Weerd: I have Brandon Juarez signed -- Juarez. Sorry. Signed up for. Juarez: Yeah~ For. De Weerd: If you will, please, state your name and address for the record. Juarez: Brandon Juarez. 935 South Island Glen, Eagle, Idaho. De Weerd: Thank you. Juarez: I am -- I have been friends with Mr. Dixon for about 15 years now and 11m the designer on the project, so I thought I could probably clarify a few things and also 11m for the project, because I designed it~ We -- Brent is a great guy, offered -- before we went to the zoning commission I -- Brent offered and did a neighborhood mailing for a neighborhood meeting, which he was at and, unfortunately, we could have solved a lot (. .. .: (~~<-:.:. ... Meridian City Council March 15 t 2005 Page 39 of 49 of these problems, but he1s still willing to solve problems. No one showed up, I don't think. But since the last meetings when the neighbors showed up, we have tried to solve their problems for them. Brent was really kind in reducing all those kind of things that the neighbors want, the drive-thru and the wall and at much expense and so I just wanted to speak to any of the concerns that the neighbors had tonight, 11m sure Mr. Dixon will be able to solve those problems and speak to those issues. The front setback for a building in the City of Meridian is 15 feetJ which conflicts with the landscaping setback, which is 25 feet. We put our -- we have asked for a five foot variance on the front setback to the drivewaYf not to the buildingJ to allow -- the reason we are asking for that is because of the irregular-shaped lot and thaes why we were -- submitted that to Anna and she was able to approve that in her findings and so the front landscape buffer is really onJy reduced by about five feet, but the building setback is, actually, more like 20 -- letls see -- 32 feet setback from the front property line, rather than the required 15 feet on the front. That speaks to the front. The trees in the back, we have met with the irrigation district numerous times -- interesting bunch. We really like them -- Rountree: Oh, now come on. Juarez: But it's very difficult to work with them. They are nice people. They are requiring us to cut all the trees down there. They don1t want any of the trees in the 30 foot setback between the canal -- the setback runs from the center line of the canal, which Jim not really showing on there, but if you can envision a line in that center of the canal to where the wall is indicated, thafs 30 feet and we are not reducing that setback at all. I have heard previous testimony tonight that we are reducing that somehow. Thafs all Levan property all the way to the centerline of the canal, but the canal has an easement that goes 30 feet to the wall. So, we are not reducing that at all. De Weerd: Okay. Thank you. Juarez: Thafs -- thank you. De Weerd: Thank you. Juarez: Any questions? Donnell: Madam Mayor? De Weerd: Mrs. Donnell. Donnell: Did the folks at the irrigation district give you a reason why those trees need to come down? Juarez: Yeah, they did. Donnell: I mean I assume itfs for them to drive along there and keep the canal clean. c....... r:.^.... \.;..:.... . . Meridian City Council March 151 2005 Page 40 of 49 Juarez: Exactly~ Thatts their reasoning. Their reasoning is they want to be able to keep that canal clean. There is an apple tree there that they hate, because it's -- apples fall into the canal, there is a bunch of trees there that they pointed out to us when we met with them that they really didn1t like and we would be -- 11m sure Brent could speak to that issue -- be willing to plant any trees that we would be allowed by the canal people to plant there to appease the neighbors. Donnell: Madam Mayor, follow up? De Weerd: Uh-huh~ Donnell: So, if the neighbors were -- which I heard them say that they hate the fact that the trees are going to be taken out of there and I don1t blame them a bit If they were to approach the irrigation district requesting that those trees stay -- I know that along an irrigation kind of runoff ditch that I lived on trees were planted all along there. Now, in the event that the irrigation people have to go along there, you know, then, trees go out at the folks. expense, but until that occurs those trees are there and are beautiful, so -- Juarez: Right. Yeah. I don1t -- I can't speak to that. I mean if the neighbors want to do that, thafs fine, but I don't know what the agreement is going to be and I can1t really speak for Brent and what he wants to do, but 11m sure -- hels a very nice gentleman, so he would be willing to do anything. Donnell: Nice work. De Weerd: Thank you. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I thought I heard you say something about you would plant substitute trees, as opposed to what the irrigation folks think are nuisance trees? And has anybody given thought to -- some of those trees have been there a long time~ Years, as a matter of fact, and having dealt with the irrigation district before, they like to give orders, but you don't necessarily have to abide by them. Juarez: Right. Right~ Like I said -- Donnell: Thafs on recordt Councilman Rountree. Juarez: Mr. Dixon is a very kind gentleman, so he is very -- always trying to appease all the parties in the developmentf so he can probably speak to the -- what they wanted and what -- you know, what the neighborhood -- the neighbors might, you know, agree to. There might be -- I mean 11m just -- as a suggestion, there might be a different tree (^' ......:. (~~~. \. .. Meridian City Council March 15, 2005 Page 41 of 49 we can put there that would appease the irrigation people, wouldn't drop too many leaves or whatever, but -- De Weerd: Apples. Juarez: Yeah. But not apples. Yeah. They don1t like those floating in the canal. De Weerd: We try to avoid the bad apples. Juarez: Anything else? De Weerd: It's not even late. Thank you. Is there anyone else who would like to provide testimony on this application? Canning: Madam Mayor, Members of the Council, I did want to point out there was some testimony that there was additional square footage. If we assume that their retail A-1 really isn't 22,207 square feet, that there is a typo somewhere on there -- it appears to, actually, be less square feet than -- by about 220, 230 square feet than the one that the Planning and Zoning Commission saw~ I just wanted to clarify that this is not increased square footage. De Weerd: Thank you. Okay. Sir, please state your name and address. Virden: My name is Mike Virden. J live at 3487 West Fir Creek~ Right behind the project here. De Weerd: Thank you. Virden: And just from my dealings with, you know, from a capitalistic point, ifs -- they are getting a lot of square foot -- a lot of building in a very small area, so 11m assuming that the parking easements are being burdened by Albertson's, because I would assume that to have 8,000 square feet of building in this small parcel that it's going to require more than the amount of parking spaces that they are going to be allowed to sustain and I think that, with the traffic and the way our neighborhood sits in relation to this in terms of the children traffic to Albertson's or even to school and to create another very aggressive easement into that parcel is going to change the complexity of our neighborhood a little bit. And if there is an easement with Albertsonl5, then, maybe that entrance into this parcel should be considered as that is their easement and that would solve a lot of the problems, which I think this entrance is going to create~ If that -- I don't know if that kind of makes sense, because -- I mean that's a whole lot of commercial building to be put in a very small place. I'm not even sure that Albertson's has that much commercial space next to them, with their extension that they have on their side towards our neighborhoods. I just think we are just -- we are creating a huge amount of action in such a small place and the proximity between the crosswalk for our kids to school, you know, is pretty close and, you know, getting to Albertsonfs as well, is -- you know, for the neighborhood type of a thingf you know, we do with our kidsf but, you c c.......... . Meridian City Council March 15 t 2005 Page 42 of 49 know, I'm all for something there. Obviously, it's zoned commercial for a reason, but I'm not so sure this is what they had in mind in terms of the use, especially creating, you knowt a pretty aggressive entrance into this small parcel with this much commercial development in it~ I guess that would be my biggest concerns and, obviously, you know, with the rest of the neighbors in terms of lighting and some type of a setback away from our canal ditch would be, obviously, nice, too. But that's my -- my biggest take on it, so -- De Weerd: Okay. Thank you. Any questions for-- Bird: f have none. De Weerd: Thank you. Virden: Thanks. De Weerd: Is there any further testimony? If you will, please, state your name and address~ You can pull that down. N. Kelly: Okay. Nancy Kelly, 3492 West Fir Creek Court De Weerd: Thank you~ N. Kelly: And I just wanted to mention two things. One, about the neighborhood meeting, it was on Valentinefs weekend, it was the 13th and a Friday, really bad night for any of us to go, so I just wanted to kind of clarify that. If it would have been maybe on a Thursday or something like that, where we weren't going to plan something -- a Valentinels outing, we would have attended that. The other thing I was thinking about was resale value of our home. I was looking at the property, we are -- we are right west of everything, so -- we are a two story house and so I was thinking when we decide to move, which we may do eventually, and one of the reasons we like that neighborhood was because of the resale value and being able to sell our home -- ifs already hard to sell your home when you're right on Cherry Lane, but, then, if we have lots of lighting and other things like that, that would shine into our home, it just seems like that -- that may make our price come down, so that's just kind of a very personal reason why 11m thinking that I donft know if I want lots of lights right there, so that's about all I have to say. De Weerd: Thank you. Okay. Is there any further testimony? If there is no further testimony, would the applicant like to come up for -- they call it the rebuttal, but I hate that word. For your final comment. Dixon: Yeah. I will be brief. One of the neighbors mentioned how they like to walk from their neighborhood over to the Albertson's and this might be a little bit problematic if they are trying to get into Albertson's. We can add a -- we can add a gate somewhere right here, if we'd like to, :that way the neighbors could walk along this easement right c:.:.::... ..: (~.'..: . Meridian City Council March 15 t 2005 Page 43 of 49 here and, then, access a gate. The other question was in reference to the trees. The neighbors are absolutely right. Some of these trees along the canal easement are beautiful trees. I would love to keep those trees and would be open to partnering with the neighbors and approaching the canal -- the irrigation company. I have talked to Bjfl and John several times and I feel I have got a little bit of a rapport and would be willing to see if we can make some exceptions for some of these trees, because it's clear that they have been there for years and years and years and there is right now -- the irrigation company does most of their access along this side of the canal right here where there is a wide road and so, hopefully -- hopefully they will let us keep some of these trees. There was also some questions about -- about the easement right here. This is a 3D-foot easement and it extends all the way up, then -- and, then, we have a bit of an encroachment on the easement that we have already approached the irrigation company about for this rock wall that the Planning Commission had asked us to put up~ J don1t know how it -- I donI! know how this rock wall would go in relationship to the trees, if we -- if we try to keep the trees and, then, you require a rock wall, I might ask for some flexibility -- to grant flexibility to staff that if we are able to keep some trees there, then, maybe we can make some adjustments with the wall. The narrow -- the narrow berm has -- up here 20 feet, that has to do with the depth of the lot, particularly on this west side. The lighting that was referred to, I would like to know what -- the outcome of some of the neighborhood meetings that you had several months ago with Albertson's and I would, you know, be willing to submit myself to some of those outcomes. It sounds like it was favorable in terms of lighting. Right now 11m a little bit familiar with your ordinance on lighting and believe that there is things that you can do from an engineering perspective with reflectors and directional lights, the lighting and different candle light wattages to minimize some of that light pollution that the neighbors are concerned about and 11m willing to do those things. Parking was another issue. The -- right now, given the number of parking stalls in the Albertson's lot, it's 302 parking stalls. They have 57,000 square feet, roughly, with the shop space adjacent. They are overparked by 18 stalls. With the addition of the 9,000 square feet, the parking that we have here, these nine, nine, eleven, three, as well as this area right here, the overall ratio in aggregate for the entire development is identical, itls overparked by about 18 stalls~ Let's see. What else. Noise. Some of the things that we can do for noise, basically, is the type of tenants you attract to the area~ 11m told by Anita Levan that often that the Albertsonls big refrigeration trucks park along this property line right here and, then, they leave their trucks running for hours on end and that creates a lot of noise and that goes away with this site plan, because there is really no way for them to park anymore, so I think that helps a little bit in that regard. And I think I have addressed everything. Any other questions? De Weerd: Council, any questions for the applicant? Bird: I have none. Wardle: Madam Mayor? De Weerd: Mr. Wardle~ (" : ... (..~<.:. Meridian City Council March 15 t 2005 Page 44 of 49 Wardle: Two questions. One was I heard you say that you would like to keep the trees and certainly I agree. If that's not a possibility, would you be willing to work with the irrigation district to possibly replace some of those if they need to be -- Dixon: Yeah. We can do two things. Welt first of all, if you look on the -- from the Planning Commission meeting, item number fiver the applicant shaH work with city staff on the placement of additional trees on the propertYf which adds up to a caliper measurement of eleven. So, I think there was already a recognition by staff that, gosh, we want to do something in terms of adding additional trees to this development. SOf to answer your question we will abide by that -- by the staff recommendation. And, then, the second question was can we put trees up that might not be apple trees that the irrigation canal would be more apt to want to live with and the answer is yes~ And we can work with city staff on -- on really defining what that amount would be. Wardle: And my second comment goes to lighting and certainly the height of the parking lot lighting, as well as the ability to directional-ize them down is something that you can certainly work with staff on, but I think one of the concerns is how you treat this building here and the lighting for the rear of being close to the neighborhood there. Dixon: Yeah. This light -- this rear light here -- because there is no really entrance on it -- J guess it depends on if -- if we have -- if a retailer at 10:00 Of clock at night takes their garbage out back this way through a back entrance, would there be some sort of building lights along the perimeter or along the edge of this building right here and my sense is that there probably would ber but we would position them, you know, low enough that they shouldnlt be a problem. Not to exceed ten feet. Brandon? Okay. We could do that. Wardle: Okay. Dixon: One item and that is on the rock wall -- or the masonry wall that the Planning Commission had asked us to construct. In the -- as a condition they said along the entire property line. 11m a little bit worried the way that's been worded, because the entire length of the property line would take it up to here, which creates a safety concern for cars as the exit and so we would be willing to take it up so far as the setback would deem it safe for cars for ingress and egress. De Weerd: Council. any further questions? Thank you very much. Canning: Madam Mayor, Members of the Council, regarding the last item, the concrete masonry wall, we would not allow him to put it within the sight vision triangle, so I think that there are sufficient protections for that. Staff does have a little bit of concern about the tree issue. Just that I don't -- if they are not going to let him keep existing trees that aren't the trash trees, the likelihood of them letting him plant trees is probably pretty small. We haven't seen a lot of success in that area, but as Charlie -- or, 11m sorry, ( .. (V~ ,.. . .::,.. . ~..~:.. .. .. . Meridian City Council March 151 2005 Page 45 of 49 Councilman Rountree probably worded it best, but -- so, I think they are probably more likely to keep some trees than get new trees, probably~ De Weerd: Well, since the easement's on the other side of the ditch, thafs not a reason to clear those trees. I know their concerns are the roots and the ditch bank. That's generally what their concern is, but it's been there for -- Rountree: It hasn1t been an issue for over 20 years~ De Weerd: Exactly~ Okay. Council? Bird: I have no more. De Weerd: Okay. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Hearing nobody wanting to talk, I move that we close the Public Hearing CUP 04- 054. Rountree: Second. De Weerd: The motion is to close the Public Hearing on Item 18. All those in favor say aye. All ayes~ Motion carries. MOTION CARRIED: ALL AYES. De Weerd: Any discussion or any information you need further from staff? Willi have a motion, then? Are you alive? Bird: We are awake. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move that we approve Item 18, CUP 04-054, Conditional Use Permit for The Shops at Cherry Lanef to include all staff, applicant, and public comments, with regard to specifically the entrance and the width of the northwestern most entrance, as well as the ability to work with staff approval on both parking Jot and building lighting and additional landscape measures and not to approve the findings at this time, but to come back for those. Bird: Second. ('.. .. tr~..., T.~ ~~.... .... . Meridian City Council March 15. 2005 Page 46 of 49 De Weerd: Okay. The motion is to approve Item 18 with the changes as stated. Is there further discussion? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Just a question. Having heard the motion, probably for ML Nary, is there a variance request -- is there a variance required for the -- to meet the setback in landscaping, so narrowing of the landscape is not a variance? Canning: Councilmember Rountree, can you -- we can't hear you. Rountree: Thank you, Keith. The narrowing of the landscape berm in front, though they meet the setback requirements, that's not a variance? Canning: No, sir. It's alternative compliance and they have submitted separate approval. I generally make those decisions if it's not coming to you, but if it's coming to you, then, I look for your action. Rountree: Just wanted to make sure we don't miss -- Canning: Yeah. No. And it was not a discussion item by the neighbors at the Planning and Zoning Commission hearing~ De Weerd: So, did your motion address the trees? Wardle: I believe it did with the additional landscape -- working with staff, neighbors, and the other public entities. De Weerd: Okay. Does staff have enough information from this motion to prepare new findings? Canning: 11m a little unclear on what you want as far as additional trees or if you want to keep the trees or -- did you want them in the easement? Wardle: The motion stated, really -- you have already addressed the additional caliper inches to mitigate on the site with the site-specific condition. lid like flexibility to allow the current trees to stay or additional trees, if allowed by the irrigation district to be planted. And so to have that as an additional flexibility for compliance~ Canning: Council -- Mayor and Councilmember Wardle, did you mean the 11 caliper inches could be planted somewhere in the easement if allowable or did you want additional calipers -- tOO . t-=-.. .. : (,. Meridian City Council March 15, 2005 Page 47 of 49 Wardle: I don1t want to require additional calipers, but would like to somehow allow that to happen jf it were to -- does that make sense? Canning: Okay. Yeah. Wardle: Okay. De Weerd: So, you1re asking for permission? I thought the discussion was just to leave them on the site. Bird: If possible. Wardle: Yes. De Weerd: Okay. J will be interested to read this finding. Wardle: 1'm really Jooking for an allow-ability for staff to allow flexibility to work with both the neighbors, the irrigation districtt and the applicant. De Weerd: Okay. Okay. Is there any further discussion or clarification needed? Anna, do you need anything further? Canning: Just so I make sure I understand. I understand the trees issue and the other one was lighting requirements for parking and structures and the width of the entry aisle for the -- basically the drive-thru? Wardle: Yeah~ To address Councilman Birdls discussion with the entry aisle. De Weerd: Okay. Canning: Thank you, Mayor~ De Weerd: Okay. Is there anything further? ML Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea~ MOTION CARRIED: ALL AYES. Item 19: Water, Sewer and Trash Delinquencies: De Weerd: Thank you. And thank you all for staying with us tonight. The next item is our delinquency list. Pursuant to Meridian City Code 9-1-21, delinquent water users shall have the right to request a pre-termination hearing prior to water service being disconnected. No water users having requested such a pre-termination hearing for March 15th, 2005, water service for the attached turn-off list will be terminated on March 16th, 2005. The total amount of the turn-off is $36,536.63. {..... ..."> (~ , Meridian City Council March 1St 2005 Page 48 of 49 Donnell: So moved. Rountree: Second. De Weerd: The motion is to approve the turn-off list as presented in front of you. If there is no further discussion, Mr. Berg, wifl you call roiL Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Item 20: Executive Session as per Idaho State Code 67-2345(1)(c) and (f): De Weerd: Thank you. Item 20 is an Executive Session per Idaho State Code 67- 2345(1 )(c) and (f). Do I have a motion? Bird: I move we go into Executive Session as per Idaho Code 67-2345(1 )(c) and (f). Rountree: Second. De Weerd: The motion is to go into Executive Session. Mr. Berg, will you, please, call ro II. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. EXECUTIVE SESSION: De Weerd: I would entertain a motion to come out of Executive Session. Donnell: So moved. Wardle: Second. De Weerd: Okay all those in favor say aye. ALL AYES. MOTION CARRIED. De Weerd: I would also like to hear a motion to adjourn. Rountree: So moved. Donnell: Second. (:...... ..... (:........ '. Meridian City Council March 15, 2005 Page 49 of 49 De Weerd: All those in favor say aye. ALL AYES~ MOTION CARRJED~ MEETING ADJOURNED AT 10:34 P.M. (TAPE ON FILE F THE.,SE PROCEEDINGS) 1- / ~ / ()~ DATE APPROVED M (... .. (:r.. -:.:~.... .. March 11, 2005 MERIDIAN CITY COUNCIL MEETING CU P 04-053 March 15, 2005 APPLICANT ZGA Architects and Planners, Chartered ITEM NO~ 5-8 REQUEST Findings for Approval - Request for a Conditional Use Permit for a Planned Developmel for a clinic / office in an l-O zone for OB/GYN Associates - south of East Franklin Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORN EY 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: SETfLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: S e~ 0- t lO_aJ~ FOret Lr~ ~ ~ Contacte Emailed: Phone: .-r tt~~ tOt- 7--(--rA LJ(, Materials presented at public meetings shall become property of the City of Meridian. t.. . \..... . nNDINGSOF~CT,CONCLUSIONSOFLAWXN DECISION & ORDER In the Matter of OBGYN ASSOCIATES Case No(s). CUP-04-053 For the City Council Hearing Date of: March 15, 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 tIle City Council public hearing, the first publication appearing and written notice luailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the pro.perty~ TIle notice of.public hearing .before tIle City Council was .posted upon the property u.nder consideration lTIOre than one week before said hearil1g. All other noticing was done consistent with Idallo Code 967- 6509 ~ The Inatter was duly considered by the City Council at the MarcIl 3, 2005, p.ublic hearing(s)~ The applicant, affected property owners, and governlnent subdivisions .providing services witllin the planning jurisdiction of the City of M eridi all were givell full opportunity to express comlnents and s.ubmit evidence. b. Oral testilnony was received on tllis matter, as reflected in the records of the City Clerk (for written testitnony) and in. the official meetil1g minutes (for oral testimony). c~ The Plaooi.ng and Zoning Commission conducted a p.ublic hearing and iss.ued a written reCOlTIlnel1dation on the subject matter to the City Council. d. The City COUI1Cil heard and took oral and writtel1 testimony and duly COl1sidered tIle evidence and tile record ill this matter. 2. Process Facts a. There 1188 been cOlnpliance with all notice and hearing requirements set fOlth in Idaho Code ~67-6509, 6512, and Meridian City Code ~~ 11-15-5 and 11-17-5 as evidenced by tIle Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with tIle staff report. 3. Ap.plication and Prope.rty Facts CITY OF MERIDIAN FINDINGS OF FACT, CONCLusrONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-04-053_ - PAGE] of4 (" //...... ( a. In addition to the ap.plication and property facts .noted. in the staff report and the Planning & Zoning Recommendatio.n for the subject ap.plication(s), it is hereby verified that the .property owner(s) of record at the time of issuance oftllese findings are Touchmark of the Treasure Valley, Warner G. Nistler, Manager. 4. Required Filldings per Zoning and Subdivision Ordinance a. See Exhibit D for the findings required for each type of application. B. Conclusions of Law 1. The City of Meridian shall exercise the .powers cOl1ferred upon it by the ".Local Land Use Plaruling Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.e. ~67- 6503). 2~ The .Meridian City Council takes judicial .notice of its Zoning, Subdivision and Developlnent Ordinances codified at Titles 11 a.nd 12, .Meridian City Code, and all CUITent zoning maps thereot: The City of Meridian has, by ordinance, establis.hed tile Ilnpact Area and the Alnended COffi.prellensive PIall of the City of Meridian, which was ado.pted Au.gust 6,2002, Resolution N.o. 02-382 and M:aps. 3. The conditions s.hall be reviewable by tIle City Council pursuant to Meridian City Code g 11-17 -9. 4.. Due COl1sideration 118S been given to the cOIUlnent(s) received froIn the govemlnel1tal subdivisions .providillg senrices in the City of Meridian planllil1g jurisdiction. 5. It is found public facilities and services required by tIle proposed develo.plnent will 110t ilupose expense upon tIle pu.blic if tIle attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordal1ce witll this Decision, wllicl1 shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon th.e applicant, tIle Plallnillg and Zoning Department, tIle Public Warks Department and allY affected party requesting notice. 7 ~ That this approval is su.bject to th.e Legal Description in Exhibit A, the Site Plan dated January 24, 2005 as shown ill :Exllibit B and tIle ConditiollS of Approval in Exhibit C.. The conditions are COl1cluded. to be reasonable and the applicant s11alllneet such requirements as a COl1dition of approval of the ap:plication. 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 foregoil1g Findings of Fact whicl1 are herein adopted, it is hereby ordered that: 1 ~ The applicant's CUP Site Plan as evidenced by having subtnitted the Site Plan. dated January 24, 2005 is hereby conditionally approved; and CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NOeS). cur-04-053_ - PAGE 2 of4 (. .:-:........." " j"" t,,:.:.. . 2. TIle site specific and standard conditions of ap.proval are as shown in. Exhibit C. D. Notice of A.pplicable Tilne Lilnits 1. Notice of Eighteen (18) Mo.oth Conditional Use Permit Duration Please take 110tice that the COllditional use permit shall.be valid for a maxilnum period of eighteen (18) :months unless otherwise approved .by tIle cou.nciL During tllis time, the permit holder lnust commence tIle .use as .pe.nnitted in accordance with the conditions of a.p.proval, satisfy the requiremel1ts set forth in the co.nditio.ns of approval, acquire building pennits and cOlrunence co.nstruction of pennanent footings or structures on or in the ground. In this context "structures" sllall include sewer and water lines, streets or building construction~ The ap.plicant 11as specified ill the application and to the cOIn.mission alld council a construction scl1edu.le and cOlnpletio.n date for the project If tIle cOlTI.pletion date specified for the project is exceeded, tIle conditional use application sIlalI becolne n.ull and void. However, the ap.plicant may submit an application for a time extension on the project for city council review. The application for tilne extension sIlall be sublnitted at least thirty (30) days prior to the deadline for cOffi.pletion of the .project For projects requiring .platting, the final plat must be recorded within this eigllteen (18) month period. For projects with lTIultiple .phases, tIle eighteen (18) month deadline sllall apply to the first pllase~ In tIle event tl1at tIle developlnent is made in successive contiguous segments or multiple phases, su.ch phases shall be constructed withil1 successive intervals of one year froIn tIle original date of approval by the co.u.llcil. If the successive pllases are not submitted witl1in one year intervals, tIle conditional ap.proval of the future pl1ases shall be .uull and void. (MCC 11-17-4.B~) E. Notice of .Final Action and Rigllt to Regulatory Takings Analysis I. T.he Applicant is hereby 110tified tllat p.ursuant to Idal10 Cod.e 67-8003, tIle Owner may request a regulatory taking analysis. Such request IUUst be in writing, and must be filed with the City Clerk 110t lTIOre tllan twenty-eight (28) days after th.e final decision concenlillg the Inatter at issu.e" A request for a regulatory ta.kil1gs al1alysis will toll the tilue period within Wl1ich a Petition for Judicial Review Inay be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursua.nt to Idaho Code S 67-6521 an affected .person being a person who has an interest ill real .property whicll1nay be adversely affected by the issuance or denial of the conditional.use pennit approval may witllin twenty-eight (28) days after tIle date of tllis decision and order see.k a judicial review as provided by Chapter 52, Title 67, Idallo Code~ F. Exhibits Exhibit A: Legal Descri.ption CITY OF MERIDIAN FINDINGS OF FACT~ CONCLUSIONS OF LAW AND DECISION & ORDER CASE NOeS). CUP-04-053_ - PAGE 3 of4 (."'... . ....::= ....... "" " f" \.. Exhibit B: Approved Site Plan Exhibit C: Final Conditions of A.pproval Exhibit D: Conditional Use Pennit Findil1gs By action of the City Council at its regular Ineeting held 011 the 15 -16: day of /11 tI/lijr-~ ,2005. COUNCIL MEMBER SHAUN W ARD:LE VOT.ED ~ COUNCIL MEMBER CHRISTINE DONNELL VOTE.D COUNCIL MEMB:ER CHARLIE ROUNTREE VOT:E.D COUNCIL MEMBER I(EITH BIRD VOTE:O MAYOR TAMMY de WEERD (TIE BREAICER) - VOTED Attest: atld City Attorney. Dated: (~-, ~ -05 By: City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LA WAND .DECISION & O.RDER CASE NO(S). cur-04-053_ R PAGE 4 Of 4 ~.... (.... EXHIBIT A OBGYN Associates CU.P-04-053 Legal Description DESCRIPTION FOR MEOLAND PARCEL w MEADOW LAKE VILLAGE TOUCHMARK CENTER December 14~ 2004 A PARCEL OF lAND BEING A PORTION OF LOT 1 ~ BLOCK 2J OF TOUCHMARK UVlNG CENTER SUBDlVJSJON No, 1 ~ LYING IN THE NW 114 OF SECTION 16. 7"OvVNSHIP 3 NORTHt RANGE 1 EAST~ BOISE MERIDIAN. CITY OF MERtDIAN, ADA COUNTY. IDAHO. ~J10RE PARTICULARL Y DESCRIBED AS FOLLOWS, COMMENCiNG AT THE SOUTHWEST CORNER OF LOT 1~ BLOCK 21 OF TOUCHMARJ<: LIVING CEf\lTER SUBDIVISION No: 11 LYING iN THE N\^I 1/4 OF SECTION 16. T, 3N'1 R 1 E,~ B.fvtl CITY OF ~AERIDJAN, ADA COUNTY. IDAHO~ AS RECORDED AT THE ADA COUNTY RECORDERS OFFICE IN BOOK 89 OF PLATS. PAGES 10313 TO 10316~ THE REAL POINT OF BEGINNING OF THIS n F Sr: R I PT 10 N THENCE N 00020'1 Ti W 260-00 FEET ALONG THE WEST LINE OF SAID LOT 1 TO A POINT; THENCE N 89~39'43" E 165.00 FEET TO A POfNT~ THENCE S 00920117'1 E 58.01 FEET TO A POINT OF CURVATURE; THENCE ALONG A (~URVF TO THE LFFT 31,34 FEET. SAID CURVE HAVtNG A RADIUS OF 50-00 FEET. A CENTRAL ANGLE OF 35~55'0T\ TANGENTS OF 16.21 FEET. AND CHORD WHICH BEARS S 18"'1 T50" E 30,83 FEET TO A POINT OF T ANGENCY~ THENCE S 36015'24" E 149, /7 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY OF E: LOUiSE DRtVE~ ALONG SAJO NQRTHERL Y RIGHT OF WAY AS FOLLOWS: THENCE S 38~441361' W 20,47 FEET TO A POjNT OF CURVATURE~ THENCE ALONG A CURVE TO THE RIGHT 85,31 FEET, SAID CURVE HAViNG A RADIUS OF 96,00 FEET. A CENTRAL ANGLE OF 50~5510 T\ TANGENTS OF 45.71 FEET~ AND CHORD WHICH BEARS S 64~12f10" W 82.53 FEET TO A POINT OF T ANGENCY~ THENCE S 89~39~43u W 174.94 FEET TO THE REAL POINT OF BEGINNING OF TH!S DESCR1PTtON SAID PARCEL CONTAINING 1,22 ACRES ( 531108 S,F,l, MORE OR LESS. (Y":.-. EXHIBIT B OBGYN Associates CUP-04-053 Approved Site .Plan I f I j ~ I H~~ 5 ! ;.;, · . . , ~ ~ {It .1' i HH 1:~ ':f~ ~. -i~t ! ;~H tn ~1 Jt ~;j t! ~~,~ ~~~ Ii J. i ih 4\'~<tl~ " '{ ~t} ~ ~ ~i~ ~ ~~l;;~ :':-'-~ '~': H ~ ',h' ~ L~~ ; f~ v: ,~,,::' r. ~ (~ ~'": ::: : ~ ':: . : ~ :f ~ .'. ") .: .:; ~:. ~ ~'.:.~ \.; ,~'l ~. ....": . : ." ~. ~ ( : .~( E .:: ~..:: i (: h<>.'~. r: ~: P. r !i' t.J J ! jl ,..: .i~ n 1. : b ;.. ~~ r . ......: :... ..: ... ... ... .:: :. ~........ : : ..:~:.:.i""". . .. ... ... ... 'll !i .. : . . t. .(.1 ~;) t . ~~F I . ~ I 1 k ~4 ~J (~) r. .j;. '.tU .0 ~ .1 room . t. ~!l i.-.~~iil ; df ,~~h~ ,:.t. k>:......~.~... ." ir ~!~it ~ J. --() ~~i~~ ,,~. 'i l~ ~ ..,.......~ ... { ~!f! ~i ~; (::) .tr : ~ . ... . .:. :;.... ..:..: ~. ..::.: ::... .~...~ ~...~.~.~ ~'~::j . ~ . . ... I~' -i . . .. r k.... :~, ~ H. r. .4 '. . ~~ ~ ~ u a. it 6 tj ~H . n 1 ~ ~H : ~ I ~ , :i1 it i 1! i! i~ i t t~.:y~.:'.':.~,.. .... ....... e t~ ! .,"'.,.....Y..~..,............j { ~' .~ . ~ J..:..:."<.::f:~~r~ ~ +flr... i~~ ;... f~: f:.."f.:..r ii~):::..i: r~) c.,) I ~; fiT.i..: .... .:......:.: ......:...."'~: ...;J '.yO,~., .,., ... .Y.. ..... "y.($- ,..: ,... :.: .:....:: .:.<~;:>.;. . . . .. . . ,..;. ..:: ~. ..: .:."~~>:~, . .-.- . .....:.::.::::::.:::.:..::.... ... '\ .:;/j:~/ ,~;:..r,. ... ... ~\.... : ~~ r.~'. ~.. .... ..~;}. oJ ~... L .~ .. .- ~). - I .l : : It L 1.. ...:. . . . . . .. . ..:.J. .'... . ~ .~: :.: I r ... .: . . ,~ ~~ . ~~ . ~~ (~) ~ ! ~J ~l _..~~..)1 rt < :~ I~~~J j!. r J '. .0 C' ~ h J ....d t . I H ~ It ;. ~: . . · ~< .1 .~~ 1 ~." ~.~ ~ J .~~,.~~. ~,; r:"~ ~ <<0 ~ .~.,..r..., ~ ~ ~!~r< '.,~~: ~ H i i; i~ !. ! .. . , .," ,./ - · -" frr ...' lEi ~ f I <: . < If; ~ ~ ~ F t ~ -, t:t ~ ~ .~ ~ ~ ~ · ~ .J :ij.~ t: .~ ; ; 1; ~ 11- t r:o. r ( :: t.i .~ ~ i":;-! .f ~ ..... I:i :I.;: IH ~ ; r I~~ If 1 ~~ I~ ~ I k !, (~ ,: ,') Iii. ~);. I ~ o:~::'~~~~'f~:~,~.: aw) I . (. . (..... EXHIBIT C OBGYN CUP-04-053 Final Conditions of Approval SPECIAL CONSIDERATIONS 1. The Lot 1 Block 2 of Touclunark ~Living Centers Subdivision .F:P-02-006 requires a lot line adjustlnent prior to issuance of any building permit or certificate of zoning compliance. 2. Fire Lanes: Due to the proposed accesses to th.e buildi.ngs, the fire departtnent is requesting placemellt of additional :hydrants onsite. Staff notes that the proposed site plan (Al ~ 1 dated 12.15.04) s.hows no hydrants 011 the site. A .hydrant shall be installed alol1g Louise Drive and another along the access lane in the vicinity of the staff parking lot north of the building as defined by Joe Silva on 1.21.05. 3. Parking: A cross access agreelnent for access to the north and east of tIle site sllall be filed prior to issuance of any building perInit or certificate of zoning compliance. 4. Setbacks: The site plan depicts the .proposed setbacks for tIle project. Staff reCOlTIlnends approval of the proposed setbacks for the project. See co:nditions #1 al1d 2 below. CONDITIONS OF APPROVAL 1. Setbacks are approved as depicted on the site plal1 (AI. 1 dated 12.15.04). Tlle luinilTIUm parking setback shall .be 0' feet to the .north and tIle project layout sIlalI relnain in substantial cOln.pliance with the approved site plan. 2. Parking is approved as depicted on the site plan. Millor lTIodifications can .be "lnade, .if necessary, d.u.ring tb.e CZC process as l011g as the o.verall .parking ratios relnail1 ill conformance with tIle Meridian City Code~ If upon future redesign of Block 2 of To u clun ark Living Center Su.bdivision tIle access to the east of tIle site becomes a public right of way then tIle parking stalls alo.ng the east side of the building shall be eliminated. 3. All surface parkiJlg sIlal1 cOl1form to the IniniIn.um dilnensions per ordinance of 9' x 19' with 25' wide dr.ive aisles. COlnpact stalls are ollly allowed in the staff parking lot to the nortl1 of tIle .building as depicted on tIle site .plan (A 1.1 dated 12. 15 ~ 04 ) . ( .. (,:......: .. 4~ T.he landscaping is approved per the landscape plans (s.heets Ll~O) dated 12~15.04~ All street trees sIlalI be deciduous species, as s.hown; conifers will be allowed internally as sllown. 5. Tllis conditional use pennit sllaIl be subject to the expiration provisions set forth in MCC 11-17-4~B. 6. Applicant lnust cOlnply with th.e conditio.os of th.e annexation, plat, :plalUled developlnent, and developtnent agreelnent for Toucl11nark Living Centers. 7. All exterior ligllting, whether attached to the building or located witllin the parking lot, sIlall be down-shielded or otllerwise altered so that the light does not spillover onto adjacel1t properties or right-of-way. All .parking lot ligllting sl1all be in accordance with Ordillan ce 11- 13 -4C. 8. All signage shall be in accordance with the standards set forth in Sectio.il 11-14 of the City Zoning and Develo.pment Ordinance. All signage is subject to design review and shall require separate :permits~ Signs shall confonn to the requirements of the Planned. Sigll Program ap.proved for Meadow Lake Village on 11/27/02 and as submitted with tIle ap.plication. 9. All constluctio.n and site ituprovements shall COnfO.flTI to tIle requirelnents of the Alnericans with .Disabilities Act and the adopted building and fire codes. 1 O~ A drainage plan desiglled by a State of Idaho licensed architect or engineer is reg uired and shall be sub.m.i tted to tIle City Engineer (Ord. 557, ] 0 -1- 91) for all off-street parking areas. Stann water treatment a.nd disposal must be designed in accordance with Department of Enviromnental Quality 1997 publication Catalog of Stann Water Best Mallagement Practices for Idaho Cities and Counties and City of Meridian stal1dards and policies. Off-site disposal into surface water is .prohibited unless the jurisdictio.n which has authority over tIle receivil1g streal11 provides wlitten authorization prior to development plan approvaL The applicant is responsible for filing all necessary applicatio.ns with the Idaho Departlnent of Water Resources regarding S.hallow Injection Wells. 11. Certificate of Occupancy: All required ilnprovelnents Inust be complete prior to obtaining a Certificate of Occupancy for the proposed developlnent A temporary Certificate of Occupancy may be o.btained by providing surety to the City in the fo.rm of a letter of credit or cash in. the alTIOunt of 11 0% of tIle cost of the required improvetnents (includillg .paving, striping, landscaping, and irrigation)~ A bid must accompany any request for telnporary occupancy. 12. Sal1itary sewer and water service shall be via existil1g service lines in :Meadow La.ke Village tllat will .be extended as .palt of this proposed development A:pplicant shall coordinate size and routing witll the Public .Works Departlne.nt c...... (,_.'~n..: . 13~ Underground year-round .pressurized i.rrigation lnust be provided (from an. existing system) to all landscape areas on tllis site. FI.RE DEP ARTM.ENT 1. Acceptance of the .water supply for fire protection will be by tIle Meridian Fire Departlnent and water quality by the Meridian Water Departtnent for bacteria testing. 2. Final Approval of the fire hydrant locatio.ns shall be by the Meridian :Fire Departlnent. a. Fire Hydrants sllalll1ave the 4 Yl" outlet face the Inain street or :parlcing lot aisle. b. The Fire hydrant sIlaIl 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 l1ydrants s.halI have tIle curb .painted red 10' to each side of the hydrant location~ e~ ,Fire Hydrants shall be placed on comers wIlen spacing permits. f~ Fire hydrants shall not have any vertical o.bstructions to outlets within 1 0' ~ g. Fire hydrants shall be place 18" above finisIl grade. 3. The phasing .plan .may require that any roadway greater than 150' il11e.ngth that is not provided with an outlet shall be required to have a.n approved tun1 around. 4~ All entrance and internal roads sllall have a turning radius of 28' inside and 48' outside radius~ 5~ All Comm.on driveways shall be straig11t or have a turning radius 0[28' inside and 48' outside and s11all 11ave a clear drivin.g surface Wl1ich is 20' wide. 6~ Operati.onal fire hydrants and temporary or .pennanent street signs are required .before cOln.bustible construction begins. 7. COlumercial and office occupancies will require a fire-flow consistent witll the International Fire Code to service tIle proposed project. .Fire l1ydrants shall be placed per Appendix D. 8. The lnedical office lot will have an unknown transient population and will have an unktlow.n ilnpact on Meridian Fire Deparhnent call vo]umes~ T.he Meridian Fire Department has ex:perienced 2397 respO.l1ses in tIle year 2003. According to a report completed by Fire & Elnergel1cy Services Consulting Group our requests for service are ,proj ected to reach 2800 ill tlle year 2005 and 3800 by the year 20 1 O. (.. . (.. 9. Maintain a separation of5' from the .building to the dumpster enclosure. 104 Provide a Knox.box entry systelTI for the cOlnplex prior to OCCUpatlCY. 11. TIle first digit of the Office Suite shall correspond to the floor level. 12~ All processes & storage practices shall be required to cOlnply with tIle International Fire Code. 13. Provide exterior egress lighting as required by the International :Building & :Fire Codes. 14. Wllere a portion of the facility or building hereafter constructed or Inoved into or witlrin the jurisdiction is lTIOre tllan 400 feet (122 m) from a hydrant on a fire apparatus access road, as Ineasured by an approved route arOUl1d the exterior of the facility or building, on-site fire hydrants and mains shall be provided w.here required by tIle code official. For buildings equipped. througllout with an approved autolnatic sprinkler systelTI 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 alld Grou.p U occupal1cies, the distance requirelnent sIlall be 600 feet (183 m). b. For buildings equipped t11fou.ghout with an ap.proved autolnatic sprinkler systelTI installed in accordance with Section 90343.1.1 or 903.3.1.2, the distance require.lnent shall be 600 feet ( 183 ill). 15. Tllere shall be a fire l1ydrant within 100' of all fire de.partment c01U1ections~ POLICE DEPARTMENT COMMENT: 1. The Police De.parttnent l1as no concerns related to tIle site design sublnitted witl1 the application. SANITARY SERV.ICES CORP. COMMENT: 1. Please contact Bill Gregory at sse (888-3999) for detailed review of your proposal prior to tIle .public hearing. There is a concern that the required luodifications may significantly impact your site d.esign and Inay require a revised site plal1. If tIle site plan is revised, COl1tact the planner assi.gned to the project ilnmediately to discuss t]le changes and .how to .proceed with the revised site plan. 2. Please contact Bill Gregory at sse (888-3999) for detailed review of your proposal and submit stanlped (approved) plans witl1 your certificate of zoning compliance ap.plication~ <:"."."": .: i EX.HIBIT D OBGYN CUP-04-053 Conditional.Use .Permit Findings STANDARDS FOR CONDIT.IONA.L USES The Commission and Council shaD review the particular facts and circumstances of each proposed conditional use in terms of the following, and .may approve a conditional use permit if they shall fmd evidence presented at the hearing(s) is adequate to establish (11-17-3): A. That the site is large enough to accommodate the proposed use and all yards, open spaces, parking, landscaping and other features as may be required by this ordinance; Staff finds that the subject pro.perty is large el1oug.h to accommodate tIle requested use and all other required features as noted above. As part of the .planned developlnent, the applicant .is requesting ap.proval of .parking scenario proposed, as follows: The staff .parking will be served by the nortll .parl(ing lot with an approximate ratio of o.ne space per staff, with 25 spaces, nine cOlnpact with zero lot line :parking to the north. The clinic will be served by 38 parking spaces (which is a ratio of one space per eacll 1.5 units). The .Elnergen.cy doctor parking will be served by 5 spaces in tIle front cross access lane. Stal1dard ordinance parking requirelnents for "Clil1ics (lnedical, dental, optical)" apply to the site. TIle sta.ndard is ordinance for Clinics (medical, dental, optical is One spaces per 200 gross square feet The proposed building is 10, 339 gross square feet, requiring 53 parking spaces. TIle ap.plicant has .proposed 68 parking spacs in cO.1npliance witl1 the Chapter 11 Section 13 MCC~ Staff supports the proposed parking ratios, zero lot line par.king, and compact spaces as they are based 011 the applicant's experience with similar projects in other areas. Staff l1as concerns with the five parking spaces backing out on tIle cross access road wbich has not been finalized. If tIle cross access road becomes public right of way during the replatting of touc.hmark living centers subdivision, these five parking spaces shall.be eliminated. B. That the proposed use and development plan will be harmonious ,vith the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; The current COlnprehensive Plan Lal1d Use Ma.p designates the pro.perty as "Mixed Use Commullity." Staff finds tllat the pro:posed. clinicl:lnedical office .uses are harmonious with alld. in accordance with the COID.prehensive Plan. The (.. . ...( ~ ~ \. overall project was approved as a conditional use for a .planned develo.Plnent in order to allow reduced setbacks and multiple buildings on a single lot The current proposal is also a planned developluent to modify the original layout and to provide detailed approvaL If the project is approved as a Planned Development, it will .meet tIle Ininimu.m requlrelnents of the MCC4 This proposal is in compliance witll the mixed .use policies in Chapter 7 (pp. 97- 98)4 The purpose of the mixed use designation in the Compre:hensive Plan "is to identify key areas which are either infill in nature or situated in 11ighly visible or transitioning areas of tIle city wllere ilIDovative and flexible d.esign O.PpOrtul1ities are encouraged. The intent of this desigllatio.n is to offer the developer a greater degree of design and use flexibility~" Thus staff concurs that the flexibility requested thro.ugl1 tIle PD application is in hannony witll the intent of the Comprehensive Plan designation and similar uses in the local vicinity. c~ That the design, construction, operation, and mai.ntenance will be compatible with other uses in the general neighborhood and \vith the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area; Staff finds tllat the proposed medical office will not adversely change tIle existillg (lnixed use) or intended (mixed use) character of tIle general vicinity. The pro:posed project boundary is surrounded on three sides by other property owned .by Touclunark for the Touchlnark Living Cellter Su.bdivision FP-02-006 project and is in harmony with the approved conceptual plan for the project Any ilTI.pacts of the clinic will likely be restricted to .existing a.nd future phases replatting of the Touchluark Living Cellters project itself. The site requires a lot line adjustmel1t between lots 1-3 in Bloc.k 2 of Touclunark Livillg Centers Subdivision. The Lot Li.ne Adjusttnent shall be sublnitted to Public .Works p.rior to re-:plat if tl1e applicant wislles to obtain a building pennit .prior to recordation of a re- su.bdivision of Block 2. D. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; Staff does not anticipate that the proposed clinic will adversely affect adjacent properties du.e to the fact that the .proposed clinic is in cOln:pliallce witll the conceptual.plan for Meadow Lake Village project and Toucmnark Living Centers Subdivision. Any ilnpacts of the clinic will likely be restricted to existing and future phases of tl1e project itself. The Commissiol1 al1d Council should consider any testilTIOny (written a.nd oral) presented at the pu.blic l1earings before making this finding~ 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, ,vater, sewer or that the person responsible for /~..~ . . .. \~..: . the establishment of proposed conditional use shall be able to provide adequately any such services; Staff finds that the proposed development can be adequately served by the essential public facilities and services listed above. City water & sewer Inains have been constructed within the Meadow Lake Village project and will be extel1ded as .part of this proposed develo.pluent. Drainage will be retained 011 site. Trash e.nclosures have .been provided OIl-site for refuse disposaL The applicant needs to coordinate with the Fire Department regarding the fire lanes. 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 \velfare of the community; Staff finds tllat the proposed developlnent will not be detriluental to the econo:mic welfare of the COlTIlTIUllity, nor would :it create the need for any new facilities or services to be paid for by the public~ All required ilnprovements, including lalldscaping, paving, parking, installation of services and roads, etc. will be paid for by the developer. The primary public costs to serve the project will be for fire and poli.ce services. G. That the proposed use will not involve activities or processes, materials, equipment, and conditions of operation that will be detrimental to any persons, property, or general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; Staff fil1ds tllat no excessive traffic, smoke, fulnes, glare or odors should result from the :proposed medical office use~ H. That the proposed use will have vehicular approaches to the property which shall be so d.esigned as not to create an interference with traffic on surrounding public streets; Stafffinds that the proposed use will not create significant interferellce with any traffic on the surroundil1g public streets~ I. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. Staff does not find that any natural or scenic feature will be lost, dalnaged or destroyed by issuance of this conditional use. (~... . 1...~ March 11, 2005 AZ 04-035 MERIDIAN CITY COUNCil MEETING March 151 2005 APPLICANT Randy Worden ITEM NO. 5-C REQUEST Findings for Approval- Request for Annexation and Zoning of 5.01 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 ATfORNEY 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: SElTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTH ER: See affached Findings p Contacted: Emailed: hone: 343-33g/ Materials presented at public meetings shaJl become property of the City of Meridian. (.. ..: (::.'.'::. .: In the matter of a request to Annex and Zone 5.01 acres from RUT to R-4 (LOlV Density Residential) AND Preliminary Plat approval for twelve (12) building lots and four (4) other lots, for Klamath Basin Subdivision, by Randy Worden Case No(s): AZ-04-035, P.P-04-045 For the City Council Hearing Date of: March 1, 2005 A. Findings of Fact 1. Hearing Facts a. A notice of a pu.blic hearing was :publis.hed for two (2) co.nsecutive weeks prior to tIle City Council public hearing, tIle first publicatiol1 appearing and written notice .mailed to property owners or purchasers of record within tlrree hundred feet (300') of the external .boundaries of the .property. The .notice of public hearing before the City Council was posted upon the pro.perty under COl1sideration :more t11al1 one week before said 11earing. All other noticing was done consistent with Ida.ho Code g67- 6509. The lnatter was duly considered by the City Council at tIle March. 1, 2005, public .hearillg(s). The applicant, affected property owners, and govenunent su.bdivisions .providing services within the planning jurisdiction of the City of Meridial1 were given full opportunity to ex.press COlTIlnents and submit evidel1ce~ b. Written and oral testimony was received on tllis Inatter, as reflected in the records of the City Clerk (for writte.n testimony) al1d in the officialtneeting rnil1utes (for oral testitnony). c~ The Plal1nil1g and Zonillg COlumissio:n conducted a p.u.blic heari.ng and issued. a written recoill.mendatioll on tile subject luatter to the City COUI1Cil~ d. TIle City Cou.ncil heard and took oral and writtel1 testilTIo.ny and duly COllsidered the evidence and the record in this Inatter. 2. Process Facts a~ There l1as .been compliance with all notice and :hearing requirelnents set forth in Idallo Cod.e ~67-6509, 6512, and Meridian City Code ~9 11-15-5 and 11-17-5 as evidenced by tl1e 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 NOeS). AZ-04-035 / PP-04-045 - PAGE 1 Of 4 (. (n.:.. .;.. a. In addition to the ap.plicatiol1 and pro:perty facts noted in tIle staff report and tile Planning & Zoning Reco.mmendation for the subject ap.plication(s), it is hereby verified that the :property owner( s) of record at the time of issuance of these findings are Randy and Lil1nea Worden. 4. Required Fil1dings per Zo.ning and S.ubdivision Ordinal1ce a. See Exhibits D and E for the findings req.uired for these applications. B. ConclusiollS of Law 1. The City of Meridian sIlall exercise the po.wers conferred upon it by tIle "Local Land Use Plannil1g Act of 1975," codified at Cllapter 65, Title 67, Ida.ho Code (I.C~ 967- 6503)~ 2. The Meridian City COUI1CiI takes judicial 110tice of its Zoning, Subdivision and :Oevelop.lnent Ordinances codified at Titles 11 and 12, Meridian City Code, al1d all current zoning maps thereot: The City of Meridian has, by ordinance, established tIle IIll.pact Area and the Amellded COlnprehensive Plan of the City of Meridian, which was adopted August 6,2002, Resolution No. 02-382 and Maps. 3. The conditio.ns shall be reviewa.ble by the City Council pursuant to Meridian City Code 9 11-1 7 -9. 4. Due consideration has beell given to the comment(s) received froIn tIle govemlnental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by tIle proposed developtuent will not itnpose expel1se upon tIle public if tIle attached conditions of approval are imposed. 6. That the City has grallted an order of approval in accordance with tllis Decision, which sllall be signed by tIle Mayor and City Clerk al1d then a copy served by tIle Clerk upon the applicant, the PlalUling and Zonillg Departlnent, tIle Public .W orks Departlnent and any affected party requestil1g not.ice. 7. T.hat this approval is subject to the Legal Description in Exhibit A, the Prelitninary Plat d.ated November 18,2004 as shown in Exllibit B, and the Site Specific and Standard Conditiol1S in Exllibit C. The conditions are concluded to .be reaso.nable and the ap.plicant shall :meet such requirelnents as a conditio11 of approval of tIle application. c. .Decision and Order Pursuant to the City Council's aut110rity as provided in Meridian City Code S 12-3-5 and based upon the above and foregoing Findings of Fact whicl1 are herein adopted, it is hereby ordered that: CrTY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW A.ND DECISION & O.RDER CAS E NO(S)> AZ~04-035 / PP-04-045 - PAGE 2 Of 4 ; . . ~\ . ('. . 1. The applicant's Prelitninary Plat as evidel1ced by havil1g submitted the Preliminary Plat dated November 18, 2004 is hereby conditionally approved; and, 2. The Site Specific and Standard Conditions are as shown in Exhibit C. D. Notice of Ap.plicable Time Limits 1. Notice of Twelve (12) Month Preliminary Plat Duration Please take notice that after the date of approval of tIle preli.lninary plat, the owner or develo:per shall have one year within which to file tIle request for approval of tIle final plat. After approval of final plat, the owner or developer sh.all have one year to begin constructio.n of the public utilities and one year thereafter to cOlnplete constructiol1 of those .public facilities. (MCC 12-2-4.B & C.) E. Notice afFinal Action and Right to Regulatory Takil1gs Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner .may request a regulatory ta.king analysis. Such request .must be in writing, and lnust be filed with the City Clerk not lTIOre than twenty-eight (28) days after the final decision co.ncemillg the matter at isS"ue. A req.uest for a regulatory takings analysis will toll the titne period within WIlich a Petition for Judicial :Review may be filed. 2~ .Please take notice tIlat this is a final action of the govemi.tlg body of tIle City of Melidian, pursuant to Idaho Code 9 67-6521 an affected person being a .perSOll who has an interest in real property w.hich may be adversely affected by tIle issuance or de11ial of the conditional use permit ap.proval may within twenty-eigl1t (28) days after tIle date of this decision and order seek a judicial review as provid.ed by Chapter 52, Title 67, Id.al1o Code. .F. Exl1ib.its Exhibit A: Legal Description Exhibit B: Approved Preliluinary Plat (with conditiol1S) Exhibit C: Site Specific and Standard Conditi.ons Exhibit D: Zoning Amendtnent Findings Ex.hibit E: Prelilninary Plat Findings CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S)> AZ-04-035 I PP-04-045 - PAGE 3 Of 4 t..:::.... .. By action of the City Council at its regular Ineeting held on the IJ1 ~U:It ' 2005. I L./ 156 day of COUNCIL MEMBER SHA.UN WARDLE VOTED CO.UNeIL MEMBER CHRISTINE DONNELL VOTED COUNCIL MEMBER CHARLIE ROUNTREE VOTED CO'UNeIL MEMBER KEITH BIRD VOTED MAYOR TAMMY de WEE.RD (TIE BREAKER) VOTED MaY~J\h'Iam. ~< {d/~ ~eerd ~~~' tilt ~ w#t~ ~.. :.~ ..a~' ..~. ~~~ IJ~ t)'i;~'f", ~\~ Attest: ~. ,.. ~ <:> ?~l::{ ~ . ~ . ! Sl~~JiIA .~ ~. . ~ ~.~ . ~ ~;f.j ..... ^ . . ~~1t~ ,jJ~~j ~~ '1d~lta{ ,\"r~l~r;i} T<1:;i:1.1n~1!!f.ft~"M ~{~ f!~;~i}~ ~,~a.tt' Co.py served upon Applicallt, TIle Plall11ing and Zoning Department, Public Warks Department and City Attorney. By: City Clerk's Office Dated: ~-l ? ~1)Cj CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CAS E NO(S). AZ-04-035 I PP-04-045 - PAGE 4 Of 4 (. ... t~~. (...:.... EXHIBIT A :KIamath Basin Subdivision AZ-04-035 Legal Description f-.~ &1.. i\ I ...~ 1"""1 g i r1 (~ (.::~ r ~S ~ I r1 (,:' · ~~ L> (\1 r~ ~J .~ ~} ~ ~ n t : ~ ~~ ij ~ l~. ~..... (:l~ ~ :~< ~ .;:~v _~! :.~ r ~ (:.~ ~ :.: ~-> ~.. rp. i 1 ~ :3 f ~ (0: >~ -=t- :; "".1.. ~ k f I ~ ~. ~ ~ J (.~ ~ ~.t)l :2 . :~j 7 ~ t ~~ l( 111 01 ~l{ tl IIllSI II SUI)lii,: isi 011 At. "ne'lt! tion n e~a:~ript ion A p~j[\.:d of Ltnd Sl!t1a1e In the nurthwest quart0r of ill\: northwc~l quarh:r of Sedinn )T ltnvnship J Norlh, Han,;c 1 \Vc~t Bnlsi; i\'lcridjan, Ada ("nunt.y" Tdaho. b-~,dng more pJrf. iculady dc~crio(':d as. foll~ ) \\.\'.. ('omnwHdug at thl" nor1 hwe;jl t:.ornef of ~uid "Stt.diuH 3. the P(HNT {)F BE(;I NN I N(;; Iht.-nce SS9'1 Ur29'1-:. 77~t 71 kef atong [h~~ north houndar.y of said Section J tn the non h\'~;~sl t,;u rn~r t 1 f Staten Park Suhdl vision H..."'1. recorded in Ht li.lk ~ fl .0 f Pbt ~~ {.it Pagc~ <j713 and 97] 4. rec.llrds uf Ada County~ . rhencc Sf.U.Yl.~2':~.1 ~'\V " ;) 15, 7g kd akmg the wt:~tc.rly boundary of said Slaten Park Suhdivbitln tt, {he southwest corm".f of said Xuhui \'J-slon in the Fi ght rvH h.. (.~.~lI1111 ~ 'Ih~ncc N60!:lOS"J7~~\V~ 21.,0;1 h.:~t along saki Fight "iik., Canal~ '1 hence N52<)35"291~\V+ 119Jd ICd ~t'ong said Eight I\1ik CanaL Thi.1nct.~ N StY']l '"3h'!\V" 2"J 1 .Og feel along said Uig.hl l\..11Ie Canal:. Thence N(.:..:-'~5 '< 36 < -\V ~ '277 ;:~ 7 l~'ct .along ~aiJ. Light t\1 ih: Canal: Thcnt:t: N4-&('2h "..~ 5~'\V. I :iJ, ()) feet akltll~, said Eight 1\'11 Ie ( ~anal: l"hencC' N62'<26' ] 6 ~"\V < 58,8 l fce~ along. s.aid F.ight fv1 ile C'mliJL .] h~no: N 7iF< 30 '09'~\V ~ 4 7 ,(l9 fe-:t along said Fight tvh lc Canal to the \Vt.:'Sh:rI) houndary of said Sect Inn 3 ~ I"hcnce NO(Y' ..~~ "44 'T~.., 60"24 teet ah 109. the SJid \vested y o.;)undary (.If St-ctioIl ~ lD tll~~ l)()l NT () F IJI~(~ iN N IN(~ ~ .{.be Hhov~-dc$crihtd parcel contahu 5 J} l iH:'.rcs. nlorc or k~s- .: .: ::..: :..1~,~;~:;;:~.::i~ .~~.;~~;! t:.-...-' (~.. :;::. EXHIBIT B Klamath Basin Subdivision PP-04-045 Approved Preliminary Plat ! . . .. ... ... .......... ...... ... .. .. ...~...........-- -.............. . ... .. .. ._,.......... ..................---.. .. ... .. .... . .. . ... . .........--. .. . . . . . . ... .... ..... . .. . .!_~ :~~-..=~ ::'7..___... >oR IQ ::1. ~ ;==:: :::~::==::u ~j.~.! ; i 1 ~t....._~... .... } _u_ -- Ir-.-....,i..l - · .. ... : . . ~"~IIIII",:"""~ ~~I -f. Id I =::= I! :.-;: y t~1 --- ; ~ .~ 1ft · ==== [' 1~ I~l ~ J; ,!! I --- J iif! =:~in7"~-:::'-=- k~l . ;::~.':':::"-_ ~l.r'~- .:..~. ~~~~.......",-~.~. !""....~~,.,.,~ . .r ::=t:1'~~~, . 1 ~ ~"'IIIIII""" ~..... ~~ -.......... ~ - ~.. ~~~-- ...--. =~_~~II~ 1:' rj . ::..:t:J"'l...-~_1o. --. t:.L __ _ _ _ I F~~~:'S\~~!Ji. --__M__ i i: · ,&~~.... ~'""=-~.. ..,.- """"'-- .:.u..:-.: I ._.:.:\.~"":t~=n"::=- ~ II ~~~~i ll_.~ ~ ~ ~ m ...~ lE~ , ~ -~::.:~...~:-:~~: ~~:::: ~~F: l>>~ L._..... ....---..........-.... .... . ...,.. ~. ... .......-. --~---~_~., .... ..... ~~. ... ._~~-._..... .... ._____._.,,~______.._.. ..,__..~..........~~<~~~~.jr~j ~ ~ ~t ~H ii -tll I ! J I~ l! ;~ ~ J J -2 ~ .. l c. EXHIBIT C Klamath Basin Subdivision PP-04-045 Site Specific and Standard Conditions SITE SPECIFIC CONDITIONS OF APPROVAL (PRELIMINARY PLAT) 1. All comlnents and conditions of the Annexation and Zoning (AZ-04-035) application shall also be considered conditions of the Prelilninary Plat (PP-04- 045). 2. The suhlnitted preliminary :plat prepared by .8 & A Ellgineers, Inc~, labeled Sheet 1, dated 11-18-04, is approved, with the COl1ditions outlined herein. A.p.proval of PP-04-045 shall be COlltingent u.pon the applicant obtaining a variance fro"lu the City Council for the proposed Niemann Street cul-de-sac length. 3. Utilize a COln.mon driveway for Lots 13 and 14, Block 1 ~ The .public street frontage for Lots 13 and. 14, Block 1, may be reduced to IS-feet, as pro:posed. Unless otherwise approved by the Meridian Fire Department, the drive surface of said COlTIlTIOn drive sllall be constructed a mini-mUlTI of 20-feet wide, witll crushed gravel and aspllaltic concrete paving in accordance with Meridian City Code. In accordance wit11 Meridian City Code, if Lot 12 an.d/or 15, Block 1, utilize said common driveway, the driveway must be constru.cted to a tninllTIUlTI 24-feet wide, with cruslled gravel and asphaltic concrete paving. Said cOlrunon dli.veway shall have a Inini:mu.tn GVW of 70,000 lbs. No parking signs sllall be installed on any portion of the COffilnon driveway that doubles as a fire lane. Any portion of the flag for Lots 13 and 14 that are beyond tIle driveway surface shall be landscaped. A note shall be placed all the face of the final .plat stating the purpose of the co:mmon driveway easelne.nt alld WIlD is to be responsible for luaintenal1ce thereof~ All COlrunoll driveways shall be straigllt or have a turning radius of 28' inside and 48' outside~ 4. Prior to signature of the final plat by tIle City :Engineer, all structures on tllis site sIlall be removed4 5. The applicant s.halI not be required to tile the Eight Mile Lateral abutting tIle site. In lieu of tiling tIle Eight Mile Lateral, the applical1t shall be required to install a 6-foot tall fence alol1g the back side of the lots on the southern portion of tIle develoPlnent. Said fence s.h.all tie into the existin.g fence to the east (Staten Park Subdivision)~ All ot]ler irrigatio.n d.itches, 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 tIle appropriate irrigation/drainage district, or lateral users association (ditch owners), with written ap.proval or .non-approval submitted to the Public Works Department If lateral users association approval can 110t be obtained, plans will be reviewed and approved by the City Engi.neer prior to fillal plat signature~ ( (:.'.~':.:... . 6. Underground year-round pressurized inigation lnust be .provided to all lots within this development. T.he City of Meridian requires that pressurized inigation systems be supplied by a year-round source of water. TIle applicant shall be req.uired to utilize any existing s.urface or well water for tIle primary so.urce. If a surface or well source is not availa.ble, a single-point cOlmection to the culinary water system s.hall be required. If a single-point connection is utilized, the developer shall be responsible for the payment of assessmel1ts for the COlnmon areas prior to sigl1ature on the final plat by the City Engineer. 7. The landscape plan pre.pared .by B & A En.gil1eers, Inc. is approved witll the following changes/notes: · Any tree over 4" in caliper that is relnoved from the property shall be fe.placed .by installing additional trees, being the equivalent nUlnber of caliper inclles of trees that were relnoved. Required landscaping trees will not be considered as :replacement trees for tl10se trees tllat are :removed (MCC 12-13-13-3). Coordil1ate a tree protection/lnitigation .plan with Elroy Huff at the Meridiall Park Depal1mel1t · The 25-foot wide lalldscape street buffer alol1g Ustick Road s11all be planted with trees and Sllrubs, lawn, or other vegetative groundcove.r, wit11 a minimum de.nsity of one tree .per thirty-five linear feet Trees may be grouped togetl1er. However, trees shall be spaced no closer than 80% of the average Inature width of tIle trees (MCC 12-13-10~6 -7). · M CC 12-13 -1 0-9 requires a 1 0- foot wi d.e gravel s110ulder abutting rig]lt- of-way where tl1e unimproved portion of tIle rig.h.t-of-way is greater than 13 -feet (measured frOlTI the edge of pavelnent to the ed ge of sidewalk or property lil1e), and road widenil1g is 110t in the ACHD Five Year Work Program. Ustick Road abutting this site Ineets the warrants for the 10-foot wide gravel shoulder requirelnent listed above. Therefore, the applicant sllould be required to construct a 10-foot wide gravel shoulder on Ustick Road, with tIle reluaining portion of tIle right-of-way being landscaped with .laW!l or otller vegetative groundcover as approved by ACHD. · RelTIOVe Note 9 regarding pathway construction.. The applicant shall make the proceeding changes/additions and submit revised copies of the landscape plan with the sublnittal of the final plat application(s). Other than the changes listed above, the approved laIldscape plan is not to be altered without prior written approval of tIle Plal1ning and Zoning Department 8. A detailed fel1cing plan shall be submitted upon ap.plication of tIle fil1al plat. If pennanent fencing is not provided around the perinleter, telnporary construction fencing to contail1 debris lTIUst be installed prior to issual1ce of building permits. All fences shall taper down to 3 feet lTI.aximum within 20 feet of all right-of-way. All fencing shall be installed in accordance with MCC 12-4-10. c. (/n n . 9~ Maintenance of all common area lots shall .be tIle responsibility of tIle Klamath Basin Homeowners' Association. 1 O~ Sanitary sewer service to this site shall be .via extel1sions from Staten Park S.ubdivision~ The applicant will be responsible to construct sewer Inains to al1d through this proposed development. Subdivision designer to coordinate main sizing and :routing with the Public W.orks Departlnent~ A.pplicant shall execute City of Meridian standard f011TIS of easements, for any mains t11at are :required to :provide service~ Cover over sanitary sewer :rnains shall be no less than 3-feet fro.m finish grad.e to the top of tIle .pipe~ If cover is less than 3-feet froIu the sub- grade to tIle top of pipe, altenlate pipe Inaterials sIlalI be .used per the Meridian Pu.blic Works Department's Standard Specifications. 11 ~ DOluestic water service to this site sllall be via extensions fro In. Staten Park Su.bdivision~ The ap.plicant will be responsible to construct water mains to al1d through this proposed d.evelopme.nt Subdivision designer to coordinate Inain sizing and routing with tIle .Pu.blic Works Departlnent. Applicant sllal1 execute City of Meridian standard fOl1TIS of easem.ents, for any mains that are required to provide service. 12. N.o variances, exceptiollS or reductio.l1S to the City adopted dilnensional standards or uses are approved with tllis preliminary plat ap.plication. All minilTIU1TI lot sizes, structure setbacks, street frontage, and 110use size requirements (IninilTIUln 1,400 square-feet) shall .be maintained~ 13. Provide a 50-foot easelnent to the property to tIle south~ with tIle parcel nUlnber S 1203223400~ for tIle future developluellt of a stub street to that south propeJ1y. STANDARD CONDITIONS OF APPROVAL (PRELIMINA.RY PLAT) 1~ All grading of tIle site shall be perfonned in cOl1formance with MCC 11-12-3H:~ 2~ Sidewalks sllall be installed witllil1 the subdivisiol1 and on the .perimeter of tIle subdivisiol1 p.ursuan.t to MCC I 2-13-1 0-8~ 3~ A letter of credit or cas]l surety in the aUlount of 110% will be required for all fencing, lal1dscaping, .pressulized irrigation, sanitary sewer, water, etc., prior to signature on tIle final plat. 4. A detailed landscape and fe.ncing plan, in compliance wit11 the landscape and subdivision ordinance and as noted in this report, shall .be submitted for the subdivisiol1 witll the final plat application. 5~ Coordillate fire hydrant placelnel1t with the City of Meridial1 Public Works Department (... .... (~~':... 6~ One-hUl1dred-watt, .high-pressure sodiulTI. streetlights will be required at locations desigtlated .by the Public Works Departlnent All streetlights shall be installed at su.bdivider's expense~ Typical locations are at street intersections and/or fire hydrants~ Final design locations and quantity are detel1nined after power designs are cOlnpleted by Idaho Power Compal1Y~ The street light contractor s11all o.btain design and pennit frOlTI the Public Works De.partlnent prior comlnel1cing i os tallati 0 n s. 7. Any tree over 4" in caliper tl1at is removed frolD the property shall be replaced .by installing additional trees, .being the equivalent number of caliper inches of trees tl1at were relTIoved. Required landscaping trees will not be considered as replacelnent trees for tllose trees tIlat llave to be mitigated. 8~ SUblTIlt any up-dated groundwater/soils monitoring data, as collected . and analyzed by a soils scie.ntist, to tIle Public Works Department for review~ Any drail1age areas (detention/retention basil1s) must .be designed to ensure that water will percolate or discharge witll a period of tilue not to exceed 24-.hours for all storms up to and including a 100-year stann events. Side slo.pes within drainage areas shall not exceed. 3: 1. AllY portio.n of a drainage area not improved with sod/grass seed (or otller approved landscaping) shall not count towards the required open. space area. The .project engineer sllould pay close attention to the results of field studjes detel1uining tIle grou.ndwater, soil type & alld characteristics during the design and construction phasesK The engitleer shall be req.uired to certify tllat the street centerline elevations are set a lninimUlTI of 3-feet above tIle .highest establisl1ed .ilonnal groundwater elevation. This is to ensure tllat tIle bottOlTI elevation of the crawl spaces of homes is at least I-foot above groundwater. 9. The applicant shall coordillate Inailbox locatio11S wit]} tIle Meridian Post Office. 1 O~ Any existing domestic wells and/or septic systems witllin this project will have to be relnoved traIn their dOlnestic service per City Ordinance Section 9-1-4 and 9-4-8~ Wells Inay be used for 11o.n-dolnestic pu~poses such as landscape irrigatiol1~ 11. COlnpactio.n test results lTIUst be su.bmitted to the Meridian .Building Departlnent for all building pads receiving engineered bac.kfill, where footing would sit atop fill material. 12. Ap.plicant's e.tlgineer will be required to submit a signed, stalnped statelnent certifying tllat all street finisll centerlil1e elevations are set a IniniInUlTI of three feet above the high.est established 110nnal groundwater elevation. 13~ The applicant shall be required to pay Public Works development plan review, and constructiol1 ins.pection fees, as dete.nnil1ed d.uring the plan review process, prior to signature 011 the final plat per Resolutiol1 02-374. ( I 4. Applical1t shall be responsible for application and cOlnpliance with any Section 404 Permitting that may be required by tIle A.nny C01]JS of Engineers. 15. Applicant sllall .be responsible for application and compliance with. and NPDES Pennitting that may be required by tIle Enviromnental Protection Agency. 16. Staffs failure to cite specific ordinance .provisions or tenus of the approved almexationlconditional use does n.ot relieve the applicant of responsibility for cOlTI.pliance. 17. Preliminary plat a.pproval shall be su.bject to tIle ex.piration .provisions set forth in MCC 12-2-4. AGENCY COMMENTS AND CONDITIONS MERIDIAN FIRE DEPARTMENT ]. One and two family dwellings will require a fire-flow of 1,000 gallons per luinute available for d.uration of 2 hours to service tIle entire project. Fire hydrants shall be placed an. average of 500' apart. International Fire Code Appendix C. 2. Acceptance of tIle water supply for fire protection will be .by tIle Meridian Water DepartIne.nt and water quality by the Meridian Water Departlnent for bacteria testing. 3. Final Approval of tIle fire hydrant locations shall be by the Meridian Fire Department. a. Fire HydraJlts shall have the 4 ~" outlet face tIle main street or .parking lot ai sl e. b. The Fire l1ydrant sIlall .not face a street w.hich does .not have addresses on it. c. Fire hydrant markers sllall be provided .per Public Works spec. d. .Locations wit}l fire hydrants sIlaII have the curb painted red 10' to each side of the 11ydrant location. e. Fire Hydrants shall be placed 011 C0111ers when spacing permits. f. Fire l1ydrants shall not have any vel1ical obstructi.olls to o.utlets witllin 1. 0'. g. Fire l1ydral1ts shall be placed 18" above finisll grade. 4~ Operational fire 11ydrants and telnporary or pennanent street signs are required before cOlnbustible construction begins. 5. .Wllere a portion of the facility or building .hereafter constructed or llloved into or within the jurisdiction is lTIOre tllan 400 feet (122 In) from a l1ydrant on a fire apparatus access road, as Ineasured by all approved route around the exterior of the facility or building, on-site fire hydratlts and mains s11all.be provided wllere required .by the code official. For .buildillgS equipped tlrro.u.gllout with an approved automatic sprinkler systelTI il1stalled in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183)~ . . \. . /~<~~.~ C. . a. For Group R-3 and Gro.up U occupancies, the distance requirelnent s11all be 600 feet (183 m). b. For buildings equipped throughout with all ap.proved automatic sprinkler system installed in accordance wit}1 Section 903.3.1 ~ 1 or 903.3.1 ~2, the distance requirement shall be 600 feet (183 In). 6. All po.rtions of the buildings located on tIlis project must be withil1 150' of a paved surface as measured around the perimeter of the .building. 7 · All COlnmon dliveways shall be straight or 11ave a turning radius of 28' inside and 48' outside and shall have a clear driving surface which is 20' wide. Said. CQ.mmon driveway shall have a minimulTI GVW of 70,000 lbs. N.o parking signs sIlaII be installed on allY common driveway that doubles as a fire lane. Coordinate the location of tIle required sigtlage with the Meridial1 Fire Departlnent. MERIDIAN PARKS :OEP ARTMENT 1 ~ Standard for Mitigation of trees: The stalldard established in the City of Meridian Landscape Ordinao.ce will be followed. 2. Standard Plan for Protection of Existing Trees d.uring Construction: The stalld.ard established in tIle City of Meridian Landscape Ordinance will .be followed. SANITARY SERVICES COMPANY 1. Please contact Bill Gregory at sse (888-3999) for detailed reVIew of your proposal. 2. sse willll0t provide trasll pick-up services utilizing the COlnmon driveway_ The developer shall it1stall a concrete pad at tIle end of the caffiInon drive no luore than five (5) feet be.hind tIle sid.ewalk. The pad. sllall.be of sufficient area to aCCOlnlTIodate tile rece.ptacles of the residences tllat take access fr01TI tIle C01TIlTIOn driveway. ADA COUNTY HIGHWAY DISTRICT Site Specific Conditions of Approval 1. TIle applicant shall do one of tIle following abutting the site on Ustic:k Road: a. Dedicate .by donation an additional 23-feet of .right-of-way along Ustick Road, an.d construct a IninimU1TI 5-foot wide concrete sidewalk along Ustick Road, located a rniniln.uln of 41-feet froIn the centerline of the right-of-way. b. Do not dedicate additiol1al rigllt-of-way, but COl1struct a rninimulll 5-foot wide concrete sidewalk along Ustick Road, located a Ininim.u.m of 41-feet from the centerlil1e of tIle rig.ht-of-way, in an easelnent provided to the District. ( c. Do not dedicate additional right-of-way, .b.ut construct a .minimulu 5-foot wide concrete sidewalk along .U sticl( Road, located at the back edge of the existing rigllt-of-way. Accomplish all necessary adj"ustlnents to properly accommodate existing drainage and utilities. 2. Dedicate by donation a total of 60-feet of right-of-way from the centerline along Black Cat Road. 3. Extend the stub street, Nielnann Street, from the east pro.perty line into the site, as .proposed. 4. Construct Niemann Street within the site as a 36-foot street section with rolled curb, gutter, and 5-foot COllcrete sidewalks witl1in 50-feet of right-of-way. 5. .Direct access to Ustick Road and Blacl( Cat Road is .prohibited and shall be noted on the final plat. 6. Comply with all Stalldard. Conditions of Ap.provaL Standard Conditions of Approval 1 ~ Any existing irrigation facilities shall be relocated outside of tIle right-of-way~ 2~ All .utility relocation costs associated with ilnproving street frontages abutting tIle site shall be borne by the developer. 3. .Replace any existing damaged curb, gutter and sidewalk and any that Inay .be dalnaged during the constructioll of the proposed developlnellt Contact Construction Services at 387-6280 (with file nu.m.ber) for details. 4. Utility street cuts in pavelnent less than five years old are 110t allowed unless approved in writillg by tIle District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 5. All design and co.nstru.ctioll sllall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplelnents, Constluctio.n Services procedures and all ap.plicable ACHD Ordinances unless specifically waived herejn~ An engineer registered in tIle State of Idallo shall prepare and cel1ify all im.proveln.ent plans~ 6. The applicant shall submit revised plans for staff approval, prior to issuance of building .pertuit (or other required pennits), Wl1ich inco~porates any required design changes. 7. Construction, use al1d property development shall be ill confonnance witl1 all applicable requirelnents of tIle Ada County Higllway District prior to District approval for occu:pancy. (:. 5~. t,..:.. 8. Payment of applicable road impact fees are required prior to buildillg construction in accordance with Ordinance #200, also known as Ada County Highway District Road Ilnpact Fee Ordinance~ 9. It is the respo.nsibility of tIle applicant to verify all existil1g utilities within tIle right-of-way. T.he applica.nt at no cost to ACHD shall repair existing utilities dalnaged by the applicatlt. TIle applicant s11811 be required. to cal1 DIG.LINE (1- 800-342-1585) at least two full business days Plior to .breaking ground within ACHD right-of-way~ T.he ap.plicant sIlall contact ACHD Traffic Operations 387- 6190 in the event any ACHD conduits (spare or filled.) are cOlnpro.mised during allY .pllase of construction. 1 O~ No change in the tenns and conditions of this approval sIlaIl be valid unless they are in writing alld signed by the applicant or th.e applicant's authorized represe.ntative and an authorized represelltative ofth.e Ada County .Highway District. The burden s.halI be upon th.e ap.plicant to obtain written continuation of any change from the Ada Co.unty Higllway District. 11. Any change by the applicant in the planned use of tIle pro.perty w.hich is the subject ofth.is application, shall require t]le applica11t to cOlnply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at tIle tiIn.e tIle applicant or :its successors in interest advises th.e Highway .District of its intent to change the :plalll1ed use of the subject prope.rty unless a waiver/variance of said requiremel1ts or otller legal relief is granted pursuant to the law in effect at the time tIle change in use is sought. NAMPA & M:ERIDIAN .IRRIGATION DISTRICT 1. Natupa & Meridiall Irrigatiol1 Distlict requires tllat a Land .Use Change Application be filed, for review, prior to fi.nal plattil1g. Please co.ntact Donna Moore at 466-7861 for further inforlnatiol1. 2. All laterals and waste ways lTIUst be protected. 3. TIle .District's 8-Mile Lateral courses alo.ng the soUtll bo.undary of t11is proposed project. T.his easelnel1t lTI.Ust .be protected and anyel1croaclunel1t without a sigt1ed License Agreelnel1t and approved plan, before any construction is started, is ul1acceptable. 4. AlllTIunicipal surface drainage must be retained 011 site. If any lTIunicipal sUlface drainage leaves tIle site, the Nampa & Meridian Irrigation District Inust review drainage pla.ns. 5. The develo.per lnust cOlnply with Idaho Code 31-3805. It is recolumended that irrigation water be made available to all develo.p.luents witllin the Nampa & .Meridian Irrigation District (~:: ..... EXHIBIT D Klamath Basin Subdivision AZ-04-035 Zoning Amendment Findings According to Ordinance 11-15-11, General Standards Applicable to Zoning Amendlnents, both the P&Z COffilnissiol1 and Council are required "to review the particular facts and circumstances of eac.h proposed zoning amendment in tenns of tIle following standards al1d shall find adequate evidel1ce answering tIle following questions about the proposed zoning amendlnent" TIle follo.wing is the list of standards found ill 11-15-11 and analysis by City Co.unci.l: A~ Will the new zoning be harmonious with and in accordance lvith the Comprehensive Plan and, if not, .has there been an application for a Compre.hensive Plan amendment; City Council finds that tIle proposed zonillg designation, R-4, is hallTIOnious witll and in accordance with the 2002 Comprehensive Plan and Future Land Use .Map, which designates the lan.d to be Low Density :Residential. Residential densities of three dwelling u.nits or less per acre are allowed per tIle COlTI.prehensive Plan; the proposed gross deJlsity of KlalTI.atll Basin Subdivision is 2~63 dwelling units per acre. 111 additiol1, in the applicant's cover letter several Comprehensive Plan .policies are listed, Wllich s.up.port the annexatio.n and proposed residential use of the property. B. Is the area included in the zoning amendment .intended to be rezoned in the future; City Council does not a11ticipate that tIle applicallt intends to rezone the subject property in tIle future. c~ Is the area included in the zoning amendment intended to be developed in the fashion that \vould be allowed under the ne\v zoning -for example, a residential area turning into a commercial area by means of conditional use permits; City Co.uncil finds tl1at sin.gle-family residential uses are allowed within the requested zoning district of R~4~ T.he accolnpanying plat demonstrates tIle land will .be developed witll lot sizes, housil1g types and other dilnensional requiremel1ts that co.nfOl1TI to tIle proposed zo.ning designation~ NOTE: The ap.plical1t will need to obtain variance approval froln the City Council because tIle proposed plat includes a dead-end street that exceeds the rnaXilTIUlTI cul-de-sac lengtl1 established by code~ t: (" /:......... ( \..... 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, nelV railroad access been developed or planned or adjacent area being developed in a fashion similar to the proposed rezone area; City Council finds tllat .properties to the east and northwest have recently been approved for development similar to the .proposed subdivision~ Staten Park Subdivision to the east and Birchstone CreeI( S.u.bdivision to the northwest are botll single-fatuity develop.ments with residential densities silnilar to the .proposed plat Except for the large RUT .parcel across Ustick Road and four small parcels directly SOUtll of the subject parcel, the entire section has already been annexed into the Meridia11 City limits~ This is one of the last parcels designated ':Low Density Residential' on the .Future Land Use Map that has not been almexed and approved for developluent 111 Section 3, Township 3 North, Range 1 West T.he arterial streets abutting tllis site, Ustick Road and Black Cat Road are currently not included witllin ACHD's Five Year Work :P ro gram. for roadway im:provelnents. 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 \vilI not change the essential character of the same area; The existing c11aracter of the area will, and is, cUITel1tly c.hanging, especially.upon build-out of the pro.posed project and other similar subdivisions in tIle general vic.inity~ City Council finds tllat the proposed R-4 zoning and subsequent single- fatuily residential uses proposed ill tIle prelilninary .plat are consistel1t with the intended cllaracter of the vicinity, as depicted on the Future Land Use Map. City Co.uncil also finds that the proposed ZOlling/uses call .be designed and constructed in a Inanner that wi]] be harmonious witll and. appropriate in appearance wit11 tIle existing and intended. character of the surroullding area~ Although there will be an ilnpact of the subject developluent on the existing cl1aracter of the area~ City COUI1Cil finds t11at the iITI.pact is consistellt with tIle illtended cllaracter of tIle area; a luix of low and InediulTI density residential. F. Will the .proposed uses not be hazardous or disturbing to existing or future neighboring uses; City Council does not anticipate that tIle pro.posed residelltial uses will be hazardous as long as the cO.llditio.os o.utlined in this report are complied witl1 and construction traffic al1d house construction is COl1ducted ill a manner consiste11t with City Code~ j" \'.... ... . (.:..... .. . G. Will the area be served adequate.ly by essential public facilities and services such as highways, streets, poUce 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 ap:plicant will be responsible for tIle extension of utilities to al1d througl1 this proposed develo.pluent Sizing and routing shall be coordinated with the Public Works :Oepartment. The applicant and/or future pro:perty owners will be required to .pay park and highway impact fees. On January 25,2005, ACHD approved this development with site-specific and standard co.nditions. Please review the ACHD report for additional infonnatio11 regarding tllis finding. On January 14, 2005, a joint agency/department COlTIlnents meeting was held with representatives of key service providers to this property~ Based on the joint agen.cy/departlnent meeting and other COlTIl11ents received frOlTI agencies/departments, City Council finds that th.e :public services listed above can be luade available to aCCOlTIlTIodate the proposed develo.pment. 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 extel1sion of sewer, water, local street infrastructure, utilities and irrigation services to serve tIle project. TIle primary public costs to serve the future resid.ents will be fire, police and school facilities al1d services. City COUI1Cil finds there will not be excessive additional requirements at .public cost and that tIle proposed zoning and subsequel1t developlnellt will 110t be detritnental to the cOlrununity's eco.nolnic welfare~ I. Will the pro.posed uses not involve uses, activities, processes, materials, equipment and conditions of operation that lviII be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; City Council finds that tIle pro.posed anllexation alld tile development of single- falniIy homes on this site will not in.valve uses that will create nuisances that would be detrilnel1tal to the general welfare of the surround.ing area. ACH:D projects this develoPluent will ge.nerate 11 0 additio.nal vel1icle trips per day. City Council recognizes the fact tllat traffic and noise will illcrease witll the ap.provaI of this .subdivision; .however, City Cou.ncil does not .believe tllat tIle ( ,;C:c......: . c.. ~<.~.: .". : alTIOunt generated will be detrimental to the general welfare of the public. City Council does not anticipate the proposed annexation and subsequent uses will create excessive traffic (see finding HJ" below), noise, slTIoke, nnnes, glare, or odors. J. Will the area have vehi.cular approaches to the property \vhich shall be so designed as not to create an interference with traffic on sur.rounding public streets; The applicant is proposing to extend tIle existing public stub street (NiemalU1 Street) to tIle east, as the only vehicular access into the site. ACHD is requiring Nielnalll1 Street to be extended as .proposed.. No otller access to Ustick :Road or Black Cat Road has been approved by ACHD with the subject ap.plication. T.he extension ofNielnarul Street will cause traffic volumes on th.e existing streets in Staten Park Subdivision to increase. .However, if the extension of Niemann Street is constructed as approved by ACHD, City Council does not believe that the subdivision will create i.nterferel1ce witll traffic on tIle sUITounding public streets. K. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and There are severallnature trees on tllis property~ Any existin.g trees larger thall 4" caliper tl1at are removed should be Initigated for, per the Landscape Ordinance. If the OIl-site trees are protected and Initigated for, as required by the Meridian Parks DepartInent, City Cou.ncil finds t11at the proposed developtnent will not result in tile destruction, loss or damage of any .llatural feature(s) of Inajor im.portance. L. Is the proposed zoning amendment in the best interest of the City of M:eridian. (Ord. 592, 11-17-1992)? City Council finds t]lat all esse.ntial services are available or will be provided by tIle developer to the subject property and will 110t require unreasonable expenditure of public funds. The applicant is pro.posing to develop the lalld in substantial cOlnpliance with the City's Comprellellsive Plan (low density residential). Lands to the east, west and northwest of the subject pro.perty have already .been ~pproved for ann.exation and development and tl1is is a logical expansion of tIle City lilnits. In accordance with the findil1gs listed above, City Council finds that the annexation/zoning of tllis property would be in the best il1terest of the City. ( .. i...:.. ( EXHIBIT E Klamath .Basin Subdivision PP-04-045 Preliminary Plat Findings Sections 12-3-3 J.2 and 12-3-5 0 read as follows: "In determinil1g the acceptance of a proposed subdivision, the ComluissionlCoul1cil sllall COllsider the objectives of this title alld. at least the following: A. The conformance of the subdivision with the Co.mprehensive Development Plan; City Council finds that the proposed application is in substantial compliance with the adopted Future Land Use Map of the Co.mprel1ensive Plan (Chapter VII)~ The proposed density, 2~63 dwelling units per acre (gross), 3.39 dwelling units per acre (net) is in cOlnpliance witl1 the land use classification, low density residelltial, noted on the map~ B. The availability of public services to accommodate the proposed development; City Council fi.nds that p.ublic services are available to accolTI.1TIodate the proposed develoPluent (See finding "G" under Al111exation al1d Zoning Al1alysis for lTIOre d.etaiL) c. The continuity of the proposed development with the capital improvement program; Because the developer is il1stalling sewer, water, al1d utilities for t11e developluent at their cost, City Council finds that tIle subdivisioll will not require the expenditure of capital ilnprovelne.nt funds. D. The public financial capability of supporting services for the proposed development; See finding "G" under Annexation and Zoning Al1alysis above, and tIle Agency COlnmellts al1d Conditions at the end of tllis report for more detail. E. The other health, safety or environmental problems that may be brought to the Commission's attentioR.a City Council is not aware of any health, safety or el1vironmental problelTIS associated with tIle develo.ptnent of tllis subdivision that should be brought to the Councilor Commission's attention. ACHD COllsiders road safety issues in their analysis; ACH.O has ap.proved tllis subdivision, witll COl1ditions. \,:,::... March 11, 2005 P P 04-045 MERIDIAN CITY COUNCIL MEETING March 15, 2005 APPLICANT Randy Worden ITEM NO_ 5-D REQUEST Findings for Approval- Request for PreliminoJ)' Plat approval of 12 single-family residential building lots and 3 other lots on 4.56 acres in a proposed R-4 zone 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 DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SElTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTH ER: See attached findings (}v Contacted: Emailed: Date: 3 J 0 Phone: ~ CO Staff Initials: 1.R ... ........ Materials presented at public mee"ngs shall become property of the City of MeridIan. ( (..~. : . . CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND D.ECISION & ORDER In the matter of a request to Annex and Zone 5.01 acres from R.UT to R-4 (LOlV Density Residential) AND Preliminary Plat approval for twelve (12) building lots and four (4) other lots, for .Klamath Basin Subdivision, by Randy Worden Case No(s): AZ-04-035, PP-04-045 For the City Council Hearing Date of: March 1, 2005 A. Findings of Fact 1. Hearing .Facts a. A notice of a public .hearil1g was published for two (2) cOl1secutive weeks prior to the City Council pu.bIie hearing, the first .publication appearing and written notice Inailed to property owners or purchasers of record witl1in three hundred feet (300') of tIle external boundaries of the property~ The notice of public .hearillg before tIle City Council was posted upon the property under co.nsideration lTIOre tllan one week before said hearing. All other noticing was do.ne consistent with Idaho Code ~67- 6509 . The Inatter was duly considered by the City Council at the March 1, 2005, public hearing(s)~ The ~pplicant, affected property owners, and govemlnent su.bdivisions providing services within the plannil1gjurisdiction of the City of:Meridian were given full op.portunity to express COIUJnellts and submit evidence. .b~ Written and oral testilnony was received on this Inatter, as reflected in the records of tIle City Clerk (for written testilTIOny) and ill the officiallneetil1g Ininutes (for oral testilnol1Y)~ c~ TIle PlalUling and Zon.illg Co.mlnission co.nducted a pu.blic hearing al1d issued a written recomluendation on the su.bject Inatter to the City CounciL d. The City Co.unciI11eard. al1d took oral and written testimollY and duly considered tIle evidence and the record in this matter. 2. Process Facts a~ There has been com.pliance with all notice al1d Ilearing requirelnents set fo.rth ill Idaho Code ~67 -6509, 6512, and Meridian City Code 9 ~ 11-15-5 and I 1-1.7 -5 as evidenced by the Affidavit of Mailil1g, and the Affidavit of Publication and Proof of Posting filed with the staff report 3. A.pplicatiol1 and Property Facts CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIO.NS OF LA W AND DECISION & ORDER CASE NO(S). AZ-04-035 / PP-04-045 - PAGE I Of 4 (. (/... a~ In addition to the application and pro.perty facts noted in the staff report and the Planning & Zoning Recolnmendation 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 Randy alld Linnea Worden. 4. Required Findings per Zoning and Subdivision Ordinance a~ See Exhibits D and E for the findings required for tllese applications. B. Conclusions of Law 1. TIle City of Meridian sllaII exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Cllapter 65, Title 67, Idaho Code (I.C. ~67- 6503). 2. The Meridial1 City Council takes judicial notice of its Zoning, Subdivision al1d Developtnent Ordinances codified at Titles II and 12, Meridian City Code, a11d all current zoning maps thereot: The City of Meridian has, by ordinance, established tIle Ilnpact Area and the Alnended COlnpre.hensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. T.he conditions sIlall be reviewable by the City COU11Cil pursuant to Meridian City Cod.e S 11-17 -9. 4. Due consideration has been given to the comment(s) received frOlTI the governlne.lltal su.bdivisions providing services in the City of Meridian planllil1gjurisdiction. 5. It is fo.uod public facilities and services required by the pro.posed developtne.nt will not ilnpose expense upon tIle pu.blic if the attaclled conditions of approval are imposed. 6. That the City lIas granted an order of approval ill accordance wit]} this Decisioll, whic.h shall be signed .by the Mayor and City Clerk al1d t]len a copy served .by tIle Clerk upon tIle applicant, the Planning atld Zo.ning Department, the Pu.blic W o.rks Department and any affected .party requesting notice. 7. Tllat tllis approval is subject to the Legal Description in Exhibit A, the Prelilninary Plat dated Novelnber 18, 2004 as shown ill Exhibit .8, and the Site Specific and Standard Conditions in. Exhibit c~ T.he C011ditions are co.ncluded to be reasonable and tIle applicant shall meet such requiremel1ts as a condition of approval of the applicatiol1. c. Decisio.n and Order Pursuant to the City Council's authority as provided in .Meridiall City Code ~ 12-3-5 and based upon tIle above and foregoillg Findings of Fact whicl1 are herein adopted, it is hereby ordered tllat: CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-04-035 / PP-04-045 - PAGE 2 Of 4 c /~~...:...... (... 1.. The applicant's Preliminary Plat as evidenced .by having submitted the Preliminary Plat dated Nove.mber 18, 2004 is l1ereby conditionally approved; and, 2. TIle Site Specific and Standard Conditions are as shown in Exhibit C. D. N.otice of Applica.ble Time Limits 1. Notice of Twelve (12) Month Prelilninary Plat Duration Please take ll.otice that after the date of ap:proval of tIle preli1uinary plat, tIle OWller or developer shall have one year witllin which to file the request for ap.proval of the fil1al plat. After approval affinal plat, the OWl1er or developer shall have one year to begi.n construction of the public utilities and o:ne year thereafter to complete construction of those public facilities. (MCC 12-2-4.B & C~) E. Notice of Final Action and Right to Regulatory Takit1gs Analysis 1. TIle Applicant is hereby notified tllat pursuant to Idal10 Code 67-8003, tIle Owner Inay request a regulatory taking analysis. Such request In.ust be ill writing, al1d must be filed with the City Clerk not lTIOre than twenty-eigllt (28) days after the final decision concerning the matter at issue. A request for a regulatory takings al1alysis will toll th.e tilDe period witllin Wllich a :Petitio.n for Judicial Review lnay.be filedK 2~ Please take notice that this is a final action of tIle governing .body of tIle City of Meridian, pursua.nt to Idallo Code S 67-6521 all affected perso.l1 being a person who has an interest ill real property Wllich. Inay be adversely affected by tile issuance or d.enial of the conditional use permit ap.proval may witl1in twel1ty-eig11t (28) days after the date of this decisio.n and ord.er see.k a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. .Exhibits Exhibit A: Legal Descri.ption Exhibit B: Approved Preliminary Plat (with conditions) Exhibit C: Site Specific and Standard Conditions Exhibit D: Zoning Alnendlnel1t Findings Exhibit E: Preliminary Plat Findings CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NOeS), AZ-04-035 / PP-04-045 - PAGE 3 Of 4 (" "-::.~ By action of the City Council at its regular Ineeting held on the /Tl Mof- ' 2005~ (5f~ day of COUNCIL MEMBER SHAUN WARDLE VOTED COUNCIL MEMBE:R CHRISTINE DONNELL VOTED COUNCIL .MEMBER CHARLIE :ROUNT.REE VOTED COUNCIL MEMBER KEITH BIRD VOTED tL MA YOR TAMMY de WEERD (TIE BREAKER) ~ VOTED Attest: and City Attorney. By: , . CIty Clerk's Office ~ Dated: 3~lg- -OS CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S), AZ-04-035 / PP~04-045 - PAGE 4 Of 4 (......... \.... . {'J.... . ~. EXHIBIT A Klamath Basin Subdivision AZ-04-035 Legal Description I}- (1.. /\ I ~ ..) (.:+ I" . .1 .). (:. \. I- ... I f ~ ~ .., <--"\!. r .'.. I t~ I <.... ... .' ,~~ 1 ~ 1 C ' ~~. ;:: /~l ~~ ~\!.. \[;~;. ~ !1 t : ~ t~ \ ~ \ ~ '. \:~ /~' ~ ~~~:.~ .'~~ ~!I r ~ {'.J ~;' ~.: ~:-, ,., I ~ 11. 2 ( , ~N; .~J 4r : ~ ..t. ~ ~~ f 1": ~ ~ ~\ J (~S ~. ~ :.l::: ~N:t 7 ~ l j 1\.1~1 Ula (11 II~lsi il SUIJll 1\: isitJl1 A nflCX~~ t itlll I) csc rillt iiJ II A paft:(: 1 ~)f bnd sit Hale in tht.: nurt.lnn:sl q uarkr of ihe n~ }rth\\.~s.t quaJ1.~~r of St~ction .~ < lo\.vnship ~ North-. Hangc ] \\\..~-"iL B~)he I\h:ridian, Ada County. J d:.Jll0, b\.~ing Dlnr.e parI ie.ulady dc~crih.ed as. f()Hnv;~ <..'( nnn k'ndJ 19 at tht:" ullrl hwe~l l'.onk'r 01" ~~aid St~\.~\ Jun J.. the P()f N' r <YF nE(;1 NN IN! ~ ~ Tht.:m.T Sgq.< 1 0> 29"1':. 77ft 71 f~cl along th~~ l1llfth houndary or saki Sl:{.:ti,pn 3 h~ the northv;~st corner nfStatcn Park Subdlvisiun ~l.\ recorded in Hook X6 of Pbts ut Pages. 9711 and 97] 4.. rcct..lrds. of /\da (\}unty ~ Thence SOOc'J2." j r'\V ~ .~d 5, 7ft. f{..'ct along the westerly houndary or saiJ Slaten Park SubJivbion to the ~ou~hwt:'~t (orner 'Of :.;aitJ Subdi vbion in the fj~!.ht r\'1 ik ( ~ ~l rl ~.ll.~ . l"hl:llL;C N6(f)OS ".J T' \V"! 12 J)-l k~~L along ~aid Fight h.1 ik~ (" 'anal ~ TIH:ncc N 52<)3 5 ~29'!1\V. 1 l f) Jd feet aiong ~;aid Fight. 1\1 iie CanaL ThcnCl~ N )lY'2 ! · 36"\V. 23l .Og k~l'L along said Eigh1 1\--1 i k CanaL Tht~lltY N()~'.'5:) ~ :,(l ,..\V ~ "277}; 7 kd alnng ~~aid l:".ighl iv1 i Ie C~inaL .1 h('th'~ N4R('26 ~ .,) !"\V > I ~ ~ .t)~ fect aluntt, saId Eighll\1ik~ ( 'anaL rhe-flU: N62<.'<26' 16"'\V. 58JO kl~~ along ~ald Fight t\.1ik~ CanaL .1 hen!':.!; N 7X':}3-0 .09'~\V < 4. Tfl9 rl.,.,,-~t aiong said Fight tvh Ie ( 'anal fl.l the \\\.:sh:d ~ boundary of said Sectlon ) ~ . thence NOO'."3.~' 44 '~E. 60.24 red a1nng the ~atJ wc~tcdy h~)uJldttry of St:ctinn 3 tp tile 1)()INT 0 ~~ l~f~~(.~ INN IN(;& .l"he uht lVeHde:scrih~J parcel r..;ont.dl!ls 5.0 1 atn..~~. mun: or h:~s. .. ..' ;. ...j~~~~~~ ;;~; ::..~:; i2- ......~ /\:~" f:. . \.: . EXHIBIT B Klamath Basin Subdivision P.P-04-045 Approved Preliminary Plat . .-.....,..... .. ... . . . .. ... ..... ......... . . ... ............-..--r.....-r-.I'.. .. . . ... ...... --.-. _ . . -. . .. -..... . . . . . .. .... __ . .. . . . . . . . ... . I. . .. ~ lr- wu. ~ 1 Ii ~'ll~ ..... -:-0- +-r. .........--. .... "'IIIt:I: ~ . '.' .'. ~ """"--.-.'. ~.... ~ .-will .-..: __ IIIItIi ... .... --... ............... ~. It' ... ~ .-.r.I .... ~ ~... ~ tIItIIIVIIf' ~ IIChI.J ~$- I ~ J ;~ ~ I~ f J. = ~':~ S:..s~;;.a~~~ " "".....,............ ~ .........,.. III ~ ~ ... t ....... .......... ~ ~.-.- ".. ....-....: III .. ..--... .. ........... II -Ii ~ ... ~ .:...,; ..... ~ .. .................. ill ~ ........ ...... =~r-~~"'"t~:.~ ~ -=- ~..;;:::.,~ ............ ~ ~..~..t:\ -: c-:::..::: i t Iii i '~ 7- ~ ~ ; IJ: ~ .~ U' E ~ ,:1 L~ 1 ~; ~ ;.t;; r't , : I~ t 1(... ..... ~._~ I,f~-.~ ~ ~ ~ t:. i i j : II ~ i I~ !~~~ . ..~,~_. ... . .._~-_. -. .... . . . . ........ ~~_ _..... ... . . ... . _... . . ....... ._..~_. _. ~~~~~~~:Jf-- 1 ... j j .. J .11:" 11'_~.,.,~~ .......... ~"IIL:IIII ~ iIIIII'IIe .w ........... iI ~~~~ IIIII'IIIII ~ .... 1tIwNt .......-...... ~ ,,=-'Y ... =- = t: :~~ IIlAIIII:: ~=.::r~~ ~ ~1I:M~Mt...~ ~ ~ IitIF .,......... .......... - .. iIIII ~ .......... ,....., 11(II..[ """':aiII' .. ~ 11\.1IIII ~ IIIIII..IIII S--J! :""t ::...~ ~- -... .......... ...... .. W' ~ :..: ~.... ..... ......... ......... 111 :III. ............:11I I- ~~ ~ ~ ~~~~E.:.r;:~~:::. ~~~~~t rLf":;-~~F=~~l:::;~~ ~~~1'i~~~irE;:;;:~ ~.:~,~,:.:::~:,.. .....-:::r't"lw.::... (1__ .......~w : .:.It . ~-: Zl *~ ,~ ('. . ~~~ EXHIBIT C Klamath Basin Subdivision PP-04-045 Site Specific and Standard Conditions SITE SPECIFIC CONDITIONS OF APPROVAL (PRELIMINARY PLAT) 1. All comments ftIld conditions of the Annexation alld Zoning (AZ-04-035) application s11all also be considered conditions of tIle Preliluinary Plat (PP-04- 045). 2. The sublnitted preliminary plat prepared by B & A Engineers, Inc~, labeled Slleet 1, dated 1] -18-04, is approved, with the conditions outlilled l1erein. Approval of PP-04-045 shall be contingellt UpOl1 the applicant obtaining a variance from tIle City Council for the proposed Nielnann Street cul-de-sac length. 3. Utilize a COlllmon driveway for Lots 13 and 14, Block I. The public street frontage for Lots 13 and. 14, Block 1, Inay be reduced to I5-feet, as .proposed. Unless otherwise approved by tIle Meridian Fire .Departme11t, the drive surface of said CO.1nmon dlive sllall be constructed a minimuln of 20-feet wide, with crushed gravel and asphaltic concrete paving in accordance wit11 Meridian City Code. In accordance with Meridian City Code, if Lot 12 and/or 15, Block 1, utilize said COlnmon driveway, the dliveway luust be constructed to a minimum 24-feet wide, wit11 crushed gravel and asp.haltic co.ncrete paving. Said cO.lTI1TIon driveway sllall have a minimulll GVW of 70,000 Ibs. No .parkillg SigtlS shall be installed on any portion of tile common dri veway tllat do.uhles as a fire lane. Any portioll of the flag for Lots 13 al1d 14 tllat are beyol1d the driveway surface shall be landscalJed. A note sllall be placed on the face of tIle fil1al plat stating tIle purpose of tIle COIUlno.u driveway easement and WIlD is to be res.pollsible for Inail1tenance thereof~ All COilllno.n driveways sllaII be straigllt or have a tUlning radius of 28' inside and 48' outside~ 4. Prior to signature of the final plat by tIle City El1gineer, all structures on tl1is site s11al1 be removed~ 5A The applicant sIlal! not be required to tile the Eigllt Mile Lateral abutting tIle site~ In lieu of tilil1g the Eight Mile Lateral, the applicant sIlal] be required to install a 6-foot tall fence alol1g the back side of the lots on the south.em portion of tIle deveIoplne.nt. Said fence shall tie into the existing fence to the east (Staten Park Subdivision). All otller in-igation ditches, laterals or canals, exclusive of natura"! waterways, intersecting, crossing or lying adjacent and contiguo.us to the area being subdivided sllall be tiled per MCC 12~4-13. Plans willlleed to be approved by the appropriate irrigation/drail1age district, or lateral users association (ditch owners), wit11 written approval or non-ap.proval subluitted 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~ U:nderground year-round pressurized irrigation lTIUst be provided to all lots witllin this developlnent~ The City of Meridian requires that .pressurized irrigation systems be supplied by a year-round source of water. The applicant shall be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, a single-point cOlU1ectiOll to tIle culinary water systel11 shall be required. If a single-poillt comlection is utilized, the developer shall be res.ponsible for the paytnent of assessments for the COllllTIOn areas prior to signature 011 the final plat by the City Ellgineer~ 7. The landscape plan prepared by B & A Engineers, Inc. is approved with the following cllanges/notes: · Any tree over 4" in caliper that is relnoved froln the property shall be replaced by installing additional trees, being tl1e equivalent number of caliper inches of trees that were relTIoved. Required landscaping trees will 110t be considered as replacement trees for t]lose trees tllat are relTIoved (M CC 12-13 -13 - 3). Coordinate a tree protection/tni tigation plan with Elroy .Huff at the Meridian Park Department · The 25-foot wide landscape street buffer along Ustick Road shall be planted witl1 trees al1d. shrubs, lawll, or other vegetative gro.undcover, with a IninilTI.ulTI density of one tree per thitiy-five linear feet. Trees Inay be grouped together~ However, trees s11a11 be s.paced no closer than 80% of tIle average Inature widt11 of the trees (MCC 12-13-1 0-6 - 7). · M CC 12-13 -1 0-9 req.uires a 1 0- foot wide gravel s]loulder abutting rigIlt- of-way wllere the unimproved portion of tIle rigl1t-of-way is greater tllan I3-feet (lneasured fi.oIn the edge of pavelnent to the edge of sidewalk or property line), and road widening is not in t11e ACHD Five Year Work Progral11. Ustick Road abutti.l1g tllis site lueets tIle warrants for tIle lO-foot wide gravel s.houlder requirelnent listed above~ Tllerefore, the applicant should be required to COl1struct a 1 0- foot wide gravel s110ulder 011 U sticl< Road, with tIle relnaining portion of tIle right-of-way beillg lal1dscaped witl1law.ll or ot]ler vegetative groundcover as a.pproved by ACHD. · Remove Note 9 regarding pathway construction~ TIle applicant sllall mal(e the proceeding cllanges/additio11S and sublnit revised copies of tIle landscape .plall wit11 tIle subtnittal of tIle final plat application(s)~ Other than the changes listed above, tIle approved landsc~pe plan is not to be altered witll0Ut prior written ap.proval of the Planning al1d Zoning Depalin1ent. 8. A detailed fencing plal1 shall be subruitted u.pon application of the fillal plat. If permanent fencing is not provided around the perimeter, tel11porary COllstruction fencillg to contain. debris luust be installed .prior to issuance of building permits. All fe11ces shall taper down to 3 feet Inaximuln within 20 feet of all rigllt-of-way~ All fencil1g shall be installed in accordal1ce witll MCC 12-4-1 O. (" . .. . (...... .. \":~"" :"" 9 A Maintenance of all COffilnon area lots shall be the responsibility of tIle I(lamath Basin Homeowners' Association. 10. Sanitary sewer service to this site sllall be via extensions from Staten Park Subdivision. The applicant will be responsible to construct sewer Inail1s to al1d through this proposed development. Subdivision designer to coordinate lnain sizing and routing with the Public Works Departlnent. Applicant shall execute City of Meridian standard forms of easements, for any mains t11at are required to provide service. Cover over sanitary sewer lnains sIlall be no less than 3-feet fraIn finish grade to the top of the pipe. If cover is less than 3-feet froIn the sub- grade to the top of .pipe, alternate pipe lnaterials shall .be used per the Meridian Public Works Depal1ment's Standard Specifications. I 1. DOlnestic water service to tllis site sIlaII be via extensiOl1s froIn Staten Park Subdivisio:n. The applicallt will be responsible to construct water mains to and tlu.o.ugh tllis proposed development. Subdivisio.n designer to coordinate main sizillg and routillg wit}l the Public Works Depalilnent Applicant s.hall execute City of .Meridian standard fOlms of easelnents, for any mains that are required to provide service. 12. No variances, exceptions or reductions to tIle City ado.pted dimensional standards or uses are approved with tl1is .prelilninary plat application. All millitnUlTI lot sizes, structure setbacks, street frontage, and 110use size requirements (luinimulu 1,400 square-feet) sllaII be maintained. 13 ~ Provide a 50- foot easelnent to tIle property to tIle soutll.. witll the parcel nUluber S 1203223400.. for the future developruellt of a stub street to tllat south property. STANDARD CONDITIONS OF APPROVAL (PRELIMINARY PLAT) 1. All grading of the site sIlall be perfo.nned in cOl1fonna11ce with MCC 11-12-3HA 2. Sidewalks shall be il1stalled withill the subdivision alld on the pelilneter of the subdivisiol1 pursuant to MCC 12-13-1 0-8. 3. A letter of credit or casll surety in tIle alTIOunt of 110% will be required for all fencing, lalldscapil1g, pressurized ilTigation, sanitary sewer, water, etc., prior to signature on tIle fil1al plat. 4~ A detailed landscape alld fencing plan, in cOlnpliance with the landscape and subdivision ordinal1ce and as noted ill this report, shall .be su.bmitted for tIle subdivision witll the final.plat application. 5. Coordinate fire hydrant placelnent with the City of Meridian Public Works Department. t, .. ('.'.'... ~.::~~.~ . 6. One-hundred-watt, high-pressure sodiulTI streetlights will be required at locatiollS designated by the Public Works Departmellt. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations an.d quantity are dete11nined after power designs are cOlupleted by Idaho Power COlnpany. The street lig11t contractor shall obtain design and permit froln the Public Works Department prior comme.ncing ins tall ati OIlS. 7. Any tree over 4" in caliper tllat is removed from the property shall be replaced by installing additional trees, being tIle equivalent nUlnber of caliper inches of trees that were relTIoved. Required lal1dscaping trees will not be COl1sidered as rep.lacernent trees for those trees tllat l1ave to be .mitigated~ 8. Submit any up-dated groundwater/soils monitoring data, as collected and analyzed by a soils scientist, to tIle Public Works Department for review. AllY drainage areas (detention/retention basins) .must be designed to ensure that water will percolate or d.ischarge witll a period of tilue not to exceed 24-hours for all storms up to and il1cluding a 1 DO-year StO.llTI events. Sid.e slopes witl1in drainage areas shall 110t exceed 3; 1. Any .portion of a drainage area not improved witll sod/grass seed (or other approved landscaping) sllall not count towards tIle required open space area. The project engineer s110uld .pay close attention to tIle results of field studies detellnining tIle ground.water, soil type & alld characteristics during the d.esign and C011structiOll pllases. TIle engineer shall be required to certify tIlat tIle street centerlil1e elevations are set a Ininitnum of 3-feet above tIle .highest established nOflnal groulldwater elevatio.n. This is to ellsure t11at tIle .bottom elevation of tIle crawl spaces of 110rnes is at least I-foot above groundwater. 9. TIle ap.plicant shall coordil1ate mailbox locatiol1S with tIle Meridian Post Office. 1 O. Any existing dOlnestic wells and/or septic systems wit11in tl1is project willllave to be renloved froln tlleir dOlnestic service per City Ordinance Section 9-1-4 alld 9-4...8. Wells may be used for 110n-dOlnestic purposes suc.h as landscape irrigation. 11. COlnpact.ion test results Inust be subnlitted to tIle Meridian Building Departlnellt for all building pads receiving engineered backfill, where footing would sit ato.p filllnateriaL 12~ Applicant's engineer \-viII .be required to SUbluit a signed, stamped statelnent certifying that all street fil1isb cel1terline elevations are set a minillluln of three feet above the highest establislled nOl1Ual groundwater elevation. 13. TIle applicant shall be required to pay Public Works develo.plne11t plan review, and construction inspectiol1 fees, as detelmined during tIle plan review process, prior to sigtlature 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 witll and NPDES Pennittil1g that may be required by the Environmental Protection Agency. 16. Staff's failure to cite specific ordil1ance provisions or terms of the approved annexation/conditional use does not relieve tIle applicant of responsibility for cOlnplianceA 17. Preliminary .plat approval shall be subject to tIle expiration provisions set fort.h in MCC 12-2-46 AGENCY COMMENTS AND CONDITIONS MERIDIAN FIRE DE.P ARTMENT 1. One and two fatuity dwellings will require a fire-flow of 1,000 gallons per luil1ute available for duration of 2110urs to service the entire project. Fire l1ydrants shall be placed an average 0[500' apart. International Fire Code Ap.pendix C. 2. Acceptance of the water s~pply for fire protection will be by tIle Meridian Water Departlnent and water quality by the Meridian Water Departlnent for bacteria tes ti ng. 3. Final Approval of the fire .hydrant locations shall be by the Melidian Fire D ep actIn ell t. a. Fire Hydral1ts shall l1ave the 4 'lS" outlet face tIle luain street or .parkitlg lot aisle~ b. The Fire l1ydrant shall not face a street whicl1 does not l1ave addresses on it. c. Fire l1ydrant markers shall be provided per Public Works spec. d. Locations with :fire hydrants s:hall 11ave tl1e curb .pail1ted red 1 0' to each side of the hydrant location.. e. Fire Hydrants shall.be placed 011 corners when spacing pel1uits. f. Fire hydrants s]lall not have allY vertical obstructions to outlets witl1il1 1 0'. g~ Fire l1ydrallts shall be placed 18" above finisll grade. 4. Operational fire hydrants and telnporary or pennanent street signs are required before cOlnbustib.le construction begins. 5. Wllere a portion of the facility or buildil1g llereafter constructed or luoved into or within the jurisdiction is Inore t11an 400 feet (122 lU) from a l1ydrant on a fire apparatus access road, as Ineasured by all approved route arOUl1d the exte.rior of tIle facility or .building, on-site fire hydrants and Inains s11all be provided wllere required by the code official. For buildings equipped throughout witll an. approved autolnatic splinkler system installed ill accordance with Section 903.3.1.1 or 903~3.1.2 tIle distance requirelnent sIlall 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 tlu"oughout with an approved autolnatic sprinkler systelTI installed in accordance with Section 903 .3.1 ~ 1 or 903~3~ 1.2, the distance requirelnent shall be 600 feet (183 m). 6. All pOrtiOllS of the buildings located 0.11 this project lUUSt be witllin 150' of a paved surface as Ineasured around tIle pemneter of the building. 7. All cormTIon driveways sIlall be straight or have a turning radius of 28' inside and 48' outside and shall have a clear drivil1g surface which is 20' wide. Said conunon driveway sllall have a Ininiln.ulTI GVW of 70,000 Ibs~ No parking signs s11all .be installed on any COlTIlnon driveway that doubles as a fire lane~ Coordinate the location of the required signage with tIle Meridian Fire DepartInent MERIDIAN P AR.KS DEPARTMENT 1 A Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance will be followed. 2. Standard Plan for Protectioll of Existing Trees during Construction: The standard establisl1ed ill tIle City of Meridian Landscape Ordil1allce will be followed. SANITARY SERVICES COMPANY 1. Please contact Bill Gregory at sse (888-3999) for detailed reVIew of your proposal~ 2. sse will.not provide trasIl pick-up services utilizing tIle COllin.on driveway. The developer shall install a concrete pad at tIle end of tIle COlIDnon drive no 1110re than five (5) feet bellil1d tIle sidewalk. TIle pad sllall be of sufficient area to aCCOID1TIodate tIle receptacles of tIle residellces tl1at take access froln the COllllllon driveway. ADA COUNTY HIGHWAY DISTRICT Site Specific Conditions of Approval 1. The applical1t s11all do one of the following ab.utting the site on Ustick Road: a. Dedicate by donation an adclitiol1al 23-feet of right-of-way alol1g Ustic.k Road, and construct a IninilTIUm 5-foot wide COllcrete sidewalk along Ustick Road, located a mil1iln.ulTI of 41-feet from the centerline of the rig.ht-of-way. b. Do not dedicate additiol1al right-of-way, but constlu.ct a millilTIUm 5-foot wide concrete sidewalk along Ustick Road, located a minimum of 41-feet froIn the centerline of the rigllt-of-way, ill all easemel1t provided to tIle District. (..,U. . (" c. Do not dedicate additional right-of-way, b.ut construct a minillluln 5-foot wide concrete sidewalk along Ustick .Road, located at the back edge of the existing rigllt-of-way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilities~ 2. Dedicate by donation a total of 60-feet of right-of-way from tIle centerline along Black Cat Road~ 3. Extend the stub street, Nielnann Street, from tIle east property line into the site, as proposed. 4. Construct Niemalm Street within the site as a 36-foot street section witll rolled curb, gutter, al1d 5-foot concrete sidewalks witllil1 50-feet of right-of-way. 5. Direct access to Ustic.k Road and Black Cat Road is prohibited and shall be .noted on tile final plat. 6. COlnply witll all Standard COl1ditions of ApprovaL Standard Conditions of Approval I. Any existing irrigation facilities shall be relocated outside of the rigllt-of-way~ 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by tIle developer. 3. .Replace a.ny existing dalnaged curb, gutter al1d sidewalk and any that Inay be dalnaged during tIle COl1stluction of the proposed development Contact Construction Services at 387-6280 (Wit}l file nUlnber) for details~ 4. Utility street cuts ill' paveluent less tllan five years old are 110t allowed ullless approved in writing by tIle District COlltact tIle District's Utility Coordil1ator at 387-6258 (with file numbers) for details~ 5~ All design and COllstructiol1 sllall be in accordallce with the Ada County High.way District Policy Manual, ISPWC Standards and approved suppleluents, COllstruction Services procedures and all applicable ACHD Ordinallces unless specifically waived l1erein. An engineer registered in tIle State of Idaho shall prepare and certify all ilnprovelnent plans& 6. The applicant sllall sublnit revised plans for staff approval, prior to issuance of building pennit (or otller required pellnits), which incorporates any required design changes. 7. Constructio.n, use and property developl11ent shall be in cOllformance witll all applicable requirelnents of the Ada County Highway District prior to District approval for occupallcy. (-:... . 8. Payment of applicable road impact fees are required .-prior to buildil1g co.nstruction in accordance witll Ordinance #200, also known as Ada County Highway District Road hnpact Fee Ordinance. 9. It is the responsibility of tIle ap.plicant to verify all existing utilities within tIle rig.ht-of-way. The applical1t at no cost to ACHD shall repair existi11g utilities damaged by the applicant. The applical1t 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. TIle applicant shall contact ACHD Traffic Operations 387- 6190 in the event any ACH.D conduits (spare or filled) are cOlnpromised durillg any phase of construction. 10. No Chatlge in the tenn.s and COllditions of this approval s11all be valid unless tlley are in writi.ng and signed by tlle applicant or the applicant's authorized represelltative and an autllorized representative of tIle Ada COUl1ty Highway District TIle burden sIlall be upon tIle applicant to obtain written confinnatioll of any change from the Ada County Higllway District. 11 6 Any cl1ange by the applicant in the planned use of tIle property whicl1 is the subject of this application, shall require tIle applicant to cOlnply witll all rules, regulations, orditlances, plans, or other regulatory and legal restrictions in force at tIle tilue tIle applica.nt 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. req.uirelnents or otller legal relief is granted purs.uant to tIle law in effect at tIle tilne tIle cllange ill use is SOUgl1t NAMPA & MERIDIAN IRRIGATION DISTRICT 1. Nalnpa & Meridia11 Irrigation District requires tllat a Land Use Cllange Application be filed, for review, .Plior to final platting. Please contact DOlula Moore at 466-7861 for furtl1er infonnatioll~ 26 All laterals and waste ways tnust be protected. 3. The District's 8-Mile Lateral courses along tIle SO.Utll boundary of this proposed project. Tllis easelnent luust be protected and anyencroaclunent without a siglled License Agreelnent al1d approved .plan, .before any constluction is stalted, is unacceptable. 4. AlIln.unicipal surface d.rainage .must be retail1ed 011 site.. If any mUJlicipal surface drainage leaves the site, tile N.alnpa & Meridian In'igation District luust review draillage pla.ns. 5. The developer ill.USt cOlnply with Idallo Code 31-3805. It is reCOlTIlnel1ded that ilTigation water be made available to all developments witl1ill the Naln..pa & Meridian Irrigatioll District. (". \~ EXHIBIT D Klamath .Basin Subdivision AZ-04-035 Zoning Amendment Findings According to Ordinance 11-15-11, General Standards Applicable to Zoning Amendlnents, both the P&Z COlnlnission and Council are required "to review the pal1icular facts and cirCUlnstances of each pro.posed zoning alnendlnent in tenns of fhe following standards and shall find adequate evid.e.nce al1sweri.:ng tIle following questions about the pro:posed zoning amendlnent." The following is tIle list of standards fo.und ill 11-15-11 and analysis by City Council: A. Will the nelV zoning be harmonious with and in accordance with the Comprehensive Plan and, if not, has there been an application for a Comprehensive Plan amendment; City Council finds tllat the proposed zoning designation, R-4, is l1annonious wit11 and in accordance with tIle 2002 Compre.hensive Plan and Future .Land Use Map, w.hich designates the land to be Low Density Residential. Residential densities of tlnee dwelling units or less per acre are allowed per tIle COln.prel1ensive Plan; the proposed gross density of Klalnath Basin S.ubdivision is 2.63 dweIlil1g units per acre. In addition, in the a.p.plicallt's cover letter several COlnprellensive Plan policies are listed, whicl1 support the anllexation and proposed residential use of the property~ .B. Is the area included in the zoning amendment intended to be rezoned in the future; City Council does not anticipate that the applicant intends to rezon.e the subject property in the future. c. Is the area included in the zoning amendment intended to be developed in the fashion that would be allowed under the new zoning -for example, a residential area turning into a commercial area by means of conditional use .permits; City Co.uncil finds tllat sil1gle-family residential uses are allowed witl1in the requested zoning district of R-4. The accolnpanying plat demonstrates tIle land will be developed with lot sizes, housing types and other dilnensional requirements that conform to the .proposed zoning designatiol1. NOTE: The applicant will need to obtain variance ap.proval froIn the City Council because the proposed plat includes a dead-e.nd street that exceeds the rnaXilllU1TI cul-de-sac lengtll established by code. (,:. . .. (:::r.:.. D. .Has there been a change in the area or adjacent areas \vhich may dictate that the area should be rezoned. :For example, have the streets been ,v.idened, new railroad access been developed or planned or adjacent area being developed in a fashion similar to the proposed rezone area; City Co.uncil fil1ds that properti.es to the east and no.rt]lwest have recently been approved for developlnent similar to the pro:posed s.ubdivision. Staten Park Subdivision to the east and Birchsto.ne Creek Subdivision to the nort.hwest are both single-family developtnents with residential densities similar to the proposed plat Except for the large RUT parcel across Ustick .Road and four small parcels directly south of tIle subject parcel, the entire section l1as already been annexed into the Meridian City limits. Tllis is one of the last parcels designated 'Low Density Residential' 011 tl1e Future Land Use Ma.p tllat has not been annexed and approved for develoPlnent in Section 3, Towns.hip 3 NOrt]l, Ral1ge 1 West The arterial streets abutting this site, Ustick Road and Black Cat Road are currently not il1cluded within ACHD's Five Year Work Prograln for roadway iluprovements. 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, especially upon build-out of the proposed project and otller silnilar subdivisions in the general ViC.il1ity. City Council fin.ds that the .proposed R-4 zoning al1d su.bsequent single- falnily residential uses proposed in the prelilninary .plat are consistent witll the il1tellded character of tIle vicinity, as depicted on tIle Future Land Use Map. City Council also finds tllat the .proposed zoning/uses call be designed and constructed in a Inallner that will be 11armoll1ouS with and ~ppropriate in appearance witll the existing and intended cllaracter of the surround.il1g area. Altllough tl1ere will be an impact of tIle subject developluellt 011 the existing cllaracter of the area, City Council finds that tIle ilnpact is consistent with the it1tended character of the area; a Inix of low and Inediulu density residential. F. Will the proposed uses not be .hazardous or disturbing to existing or future neighboring uses; City COUllCil does not anticipate that tIle proposed residelltial uses will be hazardous as long as the COl1ditions o.ut.lined :in this report are complied witl1 and constructiol1 traffic and house C011struction is conducted ill a l11anner consistent with City Code. ( . (~' G. Will the area be served adequately by essential public facilities and services such as highlvays, streets, police and fire protection, drainage structures, refuse disposal, water, se\ver or that the person responsible fO.f the establishment of proposed zoning amendment shall be able to provide adequately any of suc.h services; The applicant will .be responsible for the extension of utilities to and throug.h this .proposed developlnent~ Sizing and routing shall.be coordinated with the Public Warks Departlue.nt. The applicant and/or future property OWl1ers will be required to .pay park and highway ilnpact fees. On. January 25,2005, ACHD approved this develo.ptuent with site-specific and stalldard conditions~ Please review the ACHD report for additional information regarding this finding. On January 14, 2005, a joint agency/departlnent COlTIlnel1ts meeting was :held with representatives of key service providers to this property. Based on the joint agency/departlnent lneeting and atIler comments received from agencies/departlnents, City Council finds tllat the public services listed above can be lTI.ade availa.ble to aCCotTIlTIodate the .proposed developluenL H. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; If approved, the developer will be financing the extension of sewer, water, local street infrastructure, utilities and irrigation services to serve the project TIle pritnary public costs to serve the future reside.nts will be fire, .police and school facilities and services. City Council finds there will .not be excessive additiol1al requirelnents at public cost and that tile pro.posed zoning and subsequent develo.p.m.e.nt will not be detrimental to tIle COlTIlnunity's econolnic welfare. I. Will the .proposed uses not involve uses, activities, processes, materials, equi.pment 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 COUI1Cil finds tl1at t]le proposed alUlexation and the development of single- fatuily .homes on this site will not involve uses that will create nuisances tl1at would be detrilnental to the general welfare of tIle surrounding area~ AC.HD projects this development will generate 110 additional vehicle trips per day. City COUI1Cil recogllizes the fact that traffic and noise will increase witll the approval of this. subdivision; .however, City COUI1Cil does not believe that the (~.... . alTIOunt generated will be detriluental to the general welfare of the public~ City Council does not al1ticipate tIle proposed annexation and su.bsequent uses will create excessive traffic (see fi.nding "J" below), 11oise, smoke, fulnes, glare, or odors~ J.. Will the area have vehicular approaches to the property lvhich shall be so designed as not to create a.n interference with traffic on surrounding public streets; TIle ap.plicant is proposing to extend tIle existing .pu..blic stub street (Nielnann Street) to the east, as the only vehicular access into the site. ACHD is requiril1g Nielnann Street to be extended as proposed. No other access to Ustick Road or Black Cat Road .has been approved .by ACHD with the subject application. The extellsion ofNielnann Street will cause traffic volumes on the existing streets in Staten Park Subdivision to inc.rease~ However, if tIle extension of Niemanll Street :is constructed as approved by ACHD, City Coun.cil does not believe tIlat the subdivisio.n will create interference with traffic 0.0 the surrounding pu.blic streets. K. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and There are severalluature trees OIl this .property. Any existing trees larger thatl 4" caliper tllat are relTIoved sllo.uld be luitigated for, per tIle Landscape Ordinance~ If tIle all-site trees are protected and luitigated for, as required by the Meridian Parks Departlnent, City COUI1Cil finds that the proposed. develoPlnent will not result ill tIle destructiol1, loss or dalnage of any natural feature(s) of luajor iJnportance~ L. Is the proposed zoning amendment in the best .interest of the City of Meridian. (Ord. 592, 11-17-1992)? City Cou.l1cil finds tllat all essential services are available or will be .provided by tIle developer to tIle subject property and will not require unreasonable expel1diture of public funds. The applicant is proposing to develop the land in substantial conlplial1ce witll the City's COluprehensive Plan (low density residential). Lal1ds to tIle east, west and. northwest of the subject property .have already been approved for annexation and development and this is a logical expal1sioll of the City lilnits. In accordance with tIle findings listed above, City Council finds tllat the alUlexationlzoning of tllis property would be in the best interest of tIle City. (" ~~.... EXHIBIT E :K1amath Basin Subdivision PP-04-045 Preliminary Plat Findings Sections 12-3-3 J.2 and 12-3-5 D read as follows: "In detennining tIle acceptallce of a proposed subdivision, the COlTIlUissionlCouncil shall consider the o.bjectives of this title and at least the following: A. The conformance of the subdivision with the Comprehensive Development Plan; City Council finds that tIle .proposed application is in substantial co.mplian.ce with the adopted Future Land .Use Map of the Cotnprellensive Plan (Cllapter VII). TIle proposed density, 2.63 dwelling units per acre (gross), 3.39 dwelling .units per acre (net) is in compliance with the land use classification, low density residential, noted on the .map. B. The availability of public services to accommodate the proposed development; City Council finds tl1at .public services are available to accommodate the proposed developlnent (See fi.nding "G" under Annexation al1d Zoning Analysis for luore detail. ) c. The continuity of the proposed development with the capital improvement program; Because tIle developer is installing sewer, water, and utilities for tIle developtne.nt at their cost, City Council finds tllat the subdivision will not require the expellditure of capital ilnprovelnent ful1ds~ D. The public financial capability of supporting services for the proposed development; See finding "G" under AlUlexatioll and Zoning Allalysis a.bove, and the Agency COlTIlUellts and Conditions at tIle end of this report for lnore detaiL E. The other health, safety or environmental problems that may be brought to the Commisslon's attention. City COUI1Cil is not aware of any healtll, safety or environlnel1tal problelns associated with the developlnent of this subdivision that should be bro.ught to tIle Councilor COlnmission's attention. ACHD COl1siders road safety issues i.n tlleir analysis; ACHD has approved this subdivisio.n, with. conditions~ ( ... (.:...... March 11, 2005 V AR 05-004 MERIDIAN CITY COUNCIL MEETING March 15,2005 APPLICANT Randy Worden ITEM NO~ 5-E REQUEST Findings for Approval- Request for a Variance for block lengths from the required 450 feet to 535 feet for Klamath Basin Subdivision - 4625 West Ustick Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY AlTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DE?T: 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: SEITlERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached findings vJ-I Contacted: Emailed: Date: mlc\lOS- Phone: Staff Initials: i.R "- Materials presented at public meetings shall become property of the City of Meridian.. (: . (' FIN.DINGS OF FACT, CONCLUSIONS OF ~%.._"tl.jfl~~~~ DECISION & ORDER IJII..w..t In the Matter of Request for a Variance to the Maximum Cul-de-sac Length for Klamath :Basin Subdivision, by B & A Engineers, Inc. Case No(s). V AR-05-004 For the City Council Hearing Date of: March 1, 2005 A. Findings of Fact 1 ~ Hearing Facts a. A .notice of a public hearing was pu.blislled for two (2) consecutive weeks .prior to the City Council public hearing, the first publication a.ppearing and writte.n notice mailed to property owners or purcllasers of record within tlrree hundred feet (300') of the external boundalies of the pro.perty. The notice of.public .heari.ng before the City Council was posted u.pon the .property und.er consideration more tllan one week .before said hearing. All other noticing was done consistent with Idaho Code g67- 6509. The lnatter was d.uly considered by the City Council at tIle March 1, 2005, public .healing. The applical1t, affected property owners, and govemlnent subdivisio.ns pro.viding services within the planning jurisdiction of the City of Meridian were givell full o.p.portunity to express CO.illluents and sublnit evidence. .b. Written and oral testitTIony was received on this matter, as reflected in the records of the City Clerk (for written testiln.ony) and in the officiallneeting Ininutes (for oral testilTIOny). c. The City Council heard and took oral and written testilnony and duly considered tIle evidence and the record in this Inatter. 2~ Process Facts a~ T.here has been compliance with all notice and l1earillg requirements set fOlih in Idallo Code ~67-6509, 6512, and Meridian City Code 9~ 11-15-5 and 11-17-5 as evidenced by tIle Affidavit of.Mailing, and the Affidavit of Pub Ii catiol1 and Proof of Posting filed with tIle staff report. 3. Application and Property Facts a. In addition to the application and .pro.perty facts noted in the staff report and tIle Planning & Z011ing ReCOlTIlUendation for tIle subject application.(s), it is hereby verified that the property owners of record at the time of issual1ce of tl1ese findings are Ral1dy an.d Lin.n.ea Worden. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO. V AR-OS-004 - PAGE 1 Of 3 (. 4. Required Findings per the Zoning Ordinance a. See Exhibit B for the fin.dings required for the Variance application under Title 11. B. Conclusions of Law 1. The City of Meridial1 shall exercise the powers cOl1ferred upon it .by the "Local Land Use Plann:ing Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. 967- 6503). 2. TIle Meridian City COUllCil takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and. 12, M.eridian City Code, and all current zoning lnaps thereof. The City of Meridian has, by ordinance, established the Ilnpact Area and. the Alne.nd.ed COlnprehensive Plan of the City of Meridian, w.hich was adopted August 6, 2002, Resolution No. 02-382 and Ma.ps. 3. Th.e conditions shall be reviewable by the City COUllCil p.ursuant to .Meridian City Code S 11-17 -9. 4. Due consideration has been given to the cOlnlnent(s) received fraIn the governtnental subdi visions provid i.ng services in the City of Meridian planning jurisdi ction. 5. That the City l1as granted. an order of approval in accordance with this Decision, whicl1 sIlall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the :Planning and Zonillg Departlnent, th.e Public Works Departlnellt al1d any affected patty requesting notice. 6~ Tllat this approval is subject to the Legal Description in Exhibit A. C. Decisio.n and Order Pursuant to tIle City COUI1Cil's authority as provided. in Meridian City Code S 12-3-5 and .based .upon the above and foregoing Findings of Fact Wllicll are herein adopted, it is .hereby ordered that 1. The applicant's Variance request, as evidel1ced by 11aving sublnitted the application dated Deceluber 16, 2004 (File No. V AR-05-004), is .hereby approved. D. Ex.hibits Exhibit A: Legal Description Exhibit B: Varial1ce Findings By action of the City Council at its regular Ineeting held on the m ~~ ' 2005. c -1''' /:; -- day of CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO. V AR-OS-004 - PAGE 2 of3 t. : C. COUNCIL MEMBER SH.A.UN WARDLE VOTED COUNCIL MEMBER CHRISTINE DONNELL VOTED CO.UNCIL MEMBER CHARLIE ROUNTR:EE VOTED COUNCIL MEMBER KEITH BIRD VOTED ~ MAYOR T A:MMY de WEERD (TIE BREAKER) VOTED By: CIty Clerk's Office Dated: 3~\g-"'05 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO. V AR-OS-004 - P AG E 3 Of 3 (. ( ...-:...... EXHIBIT A Klamath Basin Variance V AR-05-004 Legal Description I-~ & i\ l.-.~ 1"1 g i 1'1 (~. f~. r S ~ J r1 <...~ , I;; ;::~~ // .';: l~\~ .t ~.:;. ~ nl~~ r: ;; \ ~ \ ~~. \,~ {~; ~ ~\.- _ sl ~.~ ~ ~~ \ '; :-: ~, ~ J ~ i 1. ~.! { i z.; .JI~ z"} : ~ :-- ~ .11 r. ~ J l .~ t ~ ~\ :.! ( t ~~.; .... ~ ~ 1 'J r) -; ~. .~..t I( III fll.ll t II J ~ ~tSitl Su 1)\1 i v is i.o 11 l\nll exu tit}n I) cscri pt it) (1 /\ p~Jn:d 'Of hind situate in Hh.~ northwt:st q uarkr oj' lilt: nordl\vcst quatlcr of Section J, T{)\vnship -3 Norlh. Range 1 \Vcst Boi:-;~ l\'lcrluiun. Ad~l County.. Idaho~ bK~jng m(1r~.: rurt kubrly dc;--:;(rih~d as foj It J\\S L'ollUllenting al the northv":l~st l:ornt'f of suio S~(lit.Hl .)~ the P(")I.NT ()F HEfa NNIN(;~ Tht.'w.;e s~~r' l(r .29"1-~, 77g.7 i kct along lh~ north houndary of saId Se.cb(ln ), h~ the nnrtl1\v..:.st corner of Staten Park Subd.ivision as n:conlcd in Hoob. X() of P~ab at Pages f)7J.~ and 971..t r~cords of :\d3 ('ounty~ Thence Sf)(F32"3 ] ~~\V ~ j 15,78 kel along the \\"csk~rly boundary of ~laiJ Slakn 1\U'k Subdivi~ion 10 Lhe $outl}\\'C'~[ corner or ~tJid Subul vision 'H the r j~~ht tvt~ k. (~.(lll~ll ~ Thence N60Z)05~ 1 T~\V. 22.0,'1- teet along said Eight ivtik CanaL Thcn<:-e N)2~.:!35 '29~'\V. 11 {).rd feel along ~aid Eight f\1ik~ CanaL lllcnce N S(Y'21 ., 36"\V ~ 23 1 ,Og f~eL along ~wid Eight tvfB(.~ ('anal ~ llwnce N(l2<.~5 5 ~ 3-6' '\]v' ~ 277 -R7 kd alnng ~djd Fight ivlile CanaL l hcuce N4g;:-"26 "l5'''\V" 153., 9~ feet nlnng, said Light lvtih: CanaL l.henee N62(}26 ~ 1 ()"'\V. 58, g, 1 k~d ulong ~iaid Fight f\'l He <. 'anal; lht!n(~ N 7g;! .30 '09~'\V > 4 7 .(~9 fe\.~t ulong. said F.ight tvllle Callal to thl" wt.'sh.'Tl) houndary n f ~ald See t ion :1: lhence NOO'.;.3-~r44"E. 60.24 ket ahHlg. the ~aid wc~t~rl); h~)uwjary of Section :; to lfl\r~ {J(ll NT ()f~ I~l~(~ INN IN(..;~ The ahqve-de-scrihl:d pan.'c 1 contul ns 5 -0 t arr('~, mflr~ or It~5S. , .,} :.::j;~~7.:~;;;":j:? ::.~..~; :r.- ,... .-, c.,:nu:. . EXHIBIT B .K1amath Basin Variance V AR-05-004 Variance Findings According to Ordinance 11-18-1, Variances, the Council Inay authorize in specific cases a variance froIn the terms of either the Zoning or Subdivision Ordinance. Specifically, the Ordinance lists the following Findings (MCCI1-18-3), all of Wllich must be detellnined before gra.nting a varial1ce: "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 subject property is located on the southeast corner of Us tick Road and Blac.k Cat Road. The property has less than 50-feet of frontage on Blac.k Cat .Road, al1d approxiluately 775-feet offrolltage on Ustic.k Road. A public stub street, West N"ietnalU1 Street, was provided to the property with the recent developlnent of Staten Park Subdivision to the east. The applicant is proposing to extend said stub street into tIle site4 Once extended, Nielnann Street will be ap.proximately 535-feet long4 Due to the close proximity of the Black Cat/Ustick Road intersectio.n, City Council does not believe that having Niemann Street intersect .Ustick Road or Blacl( Cat Road (arterial streets) is a realistic O.ptiOl1 for tllis property. Furtller, City Council believes tl1at tIle Eig11t :Mile Lateral is an effective barrier to applying the strict provisions of this title4 Requiring Nielnann Street to be constru.cted as a stub street across the Eight Mile Lateral to the south would not be viable condition for a 12-lot subdivision. City COUI1Cil believes that a bridge or a culvert across tllis lateral would be a burden alld J10t a benefit for the abutting .properties. Further, due to the size (5-acres) and shape (triangu.lar) of tIle subject parcel and the size (3-acres) of the .parcel to tIle SOU.t}l, a .public street stub to the south would not be an. efficient use of tile land4 However, an access easement between the subject Klaluatll Basin parcel and t11e 3-acre parcel to the south could be be.neficial if ACH:D does not allow access to .Black Cat .Road when the 3-acre parcel .fe-develops (See Site Specific Condition #13 for PP-04-045, Wllic.h the P & Z Co.mtnission added as a requirelnent)4 City Council finds that if an easelne.nt is provided to the parcel to the south, granting a variance will H.Ot significantly affect tIle otller :properties in the general vicinity. City Council finds tllat requiring a public street stub to the SOUtll or extending Nielnaml Street to Ustick Road or .Black Cat Road would be in the best interest of tIle City of the travelil1g public. B. Th.at 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; In this case, City Council believes that strict compliance with the City's maxitn'um cul- de-sac length would effectively hamper the re-development of the su.bject .property for residential use. It is silnply im.practical to .provide a cul-de-sac that lTI.eets tIle City's established standards and still provide an efficient residel1tial .use of the land~ Due to the dilnel1sions of the subject parcel, tile close .proximity to the Ustick/Black Cat Road intersection, and tIle Eight Mile Lateral to the soutll, strict cOlnpliance would result ill an extraordinary hardship to tIle developer and inhibit tIle re-developmellt of the su.bject site. 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 tllat tIle variance will not be detrilue.ntal to the public's welfare or injurious to other properties ill the area (no negative testilTIOl1Y was offered at the hearing for tIle :Prelilninary .Plat applicatio.n). Further, the Council has granted cul-de-sac variances to properties with similar situations, and City Council is unaware of any h.annfuI ilnpacts frOlTI these variances~ D. That such variance ,viii not have the effect of alter.ing the interest and purpose of this Title and the Meridian Comprehensive Plan." City Council finds that the issual1ce of a variance for a 535-foot cul-de-sac~ to allow the redevelopluellt of a residential piece of property will not have the effect of alteril1g the purpose and/or interest of tIle Zoning Ordinallce or the COlTI.prel1ensive Plan. (:. . (,: .. March 11, 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT Jaya Construction AZ 04-034 March 15, 2005 ITEM NO. 5-F REQUEST Findings for Approval - 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 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: SEITLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: ~~ J Lr~ Date: 2" ()C- Phone: Emailed: ~O~Wf\P, \ o..(\ct~(}<l"S~~~?~ f\-e..t Staff Initials: /..-R__ Materials presented at public meetings shall become property of the City of Meridian. See attached Findings (::....... CITY 0 F MERIDIAN lzSG1{;;*'02^IJ .i\t1%S:~SX1j DECISION & ORDER .In the matter of a request for Annexation and Zoning of 19.63 acres from RUT to R-8 zone AND Preliminary Plat approval of ninety-six (96) single-family residential and twenty-eight (28) common lots on 19.63 acres in a proposed R-8 zone AND Conditional Use Permit approval for a Planned :Oevelopment for a :ResidentiaI Subdivision \vith Reduced Lot Frontages, Reduced Lot Sizes, and Zero Lot Lines, including Clubhouse and Swimming Pool for Hacienda Subdivision, by Doug Jayo. Case No(s): AZ-04-034, PP-04-043, CUP-04-052 :For the City Council Hearing Date(s) of: Fe.bruary 15 and MarcIl 1, 2005 A. Findings of Fact 1. Hearing Facts a. A notice of a public l1earing was published for two (2) consecutive weeks .prior to the City Co.u.ncil public hearing, the first publication appearing and written 110tice Inailed to .property ow.ners or purchasers of record. within tlu.ee hundred feet (300') of the external boundaries of the property. The notice of.pu.blic .hearing before tIle City Council was posted upon the property under consid.eration .more th.an one wee]( before said hearing. All other noticing was done consistel1t witll Idaho Cod.e g67- 6509. The lnatter was duly COl1sidered by tIle City Council at the February 15, 2005 and continued to the MarcIl 1., 2005, public l1earing(s)~ The applicant, affected property owners, and govemlnent subdivisions providing services within the .platll1:ing jurisdiction of tIle City of Meridian were given full opportunity to express COlnments and sub.mit evidel1ce. b. Written and oral testilTIOny was received on this matter, as reflected in the records of tIle City Cler.k (for written testilTIOny) and ill th.e official meeting mil1utes (for oral testimony). c. The Planning al1d Zoning COlnlnission COl1ducted a public l1earing al1d issued a written recolnmendation on. tIle su.bject Inatter to tIle City Cou.nciL d. The City Council heard and took oral and writtel1 testilllol1Y and d.uly considered tIle evidence al1d tIle record in this Inatter. 2. Process Facts CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-04-034~ PP-04-043, CUP-04-052 - PAGE I Of 5 ( (~<~,.. . a. There has been complial1ce with all notice and llearing requirelnents set forth in Idaho Code ~67-6509, 6512, and Meridian City Code 9~ 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and tIle Affidavit of Publication and .Proof of Posting filed with the staff report. 3~ Applicatioll and Property Facts a. In addition to tIle application. and .property facts noted in the staff report and the Planning & Zoning Recoffilnendation for tIle subject application(s), it is hereby verified that the property owner(s) of record at tIle tilue of issuance of these findings is Micllael Ad.kins (sale pel1ding to Doug Jaya). 4. Required Findings per Zoning and Subdivision Ordinance a~ See Exhibit F (An.nexation and ZOllil1g), Exllibit G (Preliluinary Plat) and EX]libit H (Conditional Use Pennit) for the findings required for tIlis application. B~ Conclusions of Law 1 ~ The City of Meridian shall exercise the powers co.nferred upon it by tile "Local Land Use Plaillli.ng Act of 1975," codified at Chapter 65, Title 67, Idaho Code (LC. ~67- 6503). 2. The Meridian City Cou.ncil tal(es judicial 110tice of its Zoning, Subdivision and Development Ordillances codified at Titles 11 and 12, Meridiall City Code, and all current zoning lna.ps tl1ereof. The City of:Meridian has, by ordinance, establis.hed tIle IIn.pact Area an.d tIle Atnended Compre.hensive Plan of tIle City of Meridiall, Wllicll was adopted A.ugu.st 6, 2002, Resolutiol1 N.o. 02-382 and Maps. 3~ TIle co.nditions s.hal] be reviewable by tIle City Council pursuant to Meridian City Code g 11-17-9. 4. Due consideration has been giVe!l to the comment(s) received froIn tIle gove111mentaI subdivisions providing services in the City of Meridian plal1nil1gjurisdiction. 5. It is found .public facilities al1d services required. by the pro.posed developlne.nt will .not ilnpose expense upon tIle public if tIle attac.hed COl1ditiollS of approval are i:ln.posed.~ 6. That the City 11as granted an order of approval ill accordance with this Decision, which shall be signed by tIle Mayor al1d City Clerk and tllen a copy served by the Clerk upon the applicant, the Plannin.g al1d Zoning Departm.ent, the Public Warks Departlnel1t and any affected party requ.esting notice. 7. That tllis approval is subject to the .Legal Description ill Exllibit A, tIle Prelilninary Plat in Ex11ibit B, and tIle Conditions of Ap.provaI in Exhibit C, D and E~ T.he conditions are COl1cluded to be reasonable al1d the applicant sh.all meet SUCll requirelnel1ts as a condition of approval of tIle ap.plication. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NOeS), AZ-04-034~ PP-04-043, CUP-04-052 - PAGE 2 of5 (~::... c. Decisiol1 alld Ord.er Pursuant to the City Council's autllority as provided in Meridian City Code ~ 12-3-5 and based upon tIle above and foregoing :Findings of Fact which are herein adopted, it .is l1ereby ordered that: 1. The applicant's Preliminary Plat as evidel1ced .by having submitted the .Prelilninary Plat dated February 17, 2005 (revision #4)) is hereby conditionally approved; and 2~ The applicant's Conditional Use PennitlPlanned Unit Development Site Plan as evidenced~by l1aving sub.mitted tIle Site Plan dated Februaiy 17, 2005 (revision #4) is hereby conditiollally approved; and 2. T.he conditions of approval are as shown in Exhibits C, D and E. D. N.otice of Applicable Time Lituits (as applicable) 1. Notice of Twelve (12) Month Prelilninary Plat Duration Please take llotice tl1at after the date of approval of the preliminary plat, the oW.ner or developer shall have one year witl1in Wllic.h to file tIle 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 tl1ereafter to complete construction of those public facilities. (MCC 12-2-4.B & C.) 2. Notice of Eighteen (1 8) MOllth Conditiollal Use Pe.nn.it Duratio.11 Please take notice that the cond.itiol1al use pennit sllall .be valid for a Inaximum .period of eiglltee.n (18) lnonths unless otherwise approved by the co.unciL During tllis tilne, the pelluit 1101der lTIUst COlTIlnenCe the use as pennitted in accordance witll the conditions of a.pproval, satisfy the requirelnellts set forth in tIle conditions of ap.proval, acquire building pennits and COlnmence constructiol1 of permanent footings or structures on or in the ground. In tl1is COl1text "structures" sIlall include sewer and water lines, streets or building constluction. TIle applical1t has specified. in the application and to the commission and council a COl1structio.ll scl1edule and cOlnpletion date for tile project. If the completion date specified for tIle project is exceeded, the conditional use application sIlall becolne null and void. However, the ap.plicant may SUbluit an applicatio.ll for a tilue extellsion on the project for city council review. The application for time extel1sion s11all be su.bmitted at least tllirty (30) days prior to the deadline for cO.lupletion of tIle project. For projects requiring .platting, the final plat Inust be recorded within this eighteen (18) III 0 nth period. For projects with multiple phases, the eigllteen (18) lTI0.11th. dead.1ine sIlall apply to the first phase~ In the event that the development is made in successive contiguous segtnents or multiple phases, suc.h p11ases shall be COl1structed witllin successive intervals of one year froIn the original date of approval by the council. If the successive p11ases are not subluitted wit11ill one year intervals, the conditional approval of the future pl1ases s.hall be null and void. CITY OF MERlDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NOeS). AZ-04-034, PP-04-043) CUP-04-052 - PAGE 3 Of 5 (r ff-/........ .. . i \......~... .. (MCC 11-17-4.B~) .E. Notice afFinal Action and Right to Regulatory Takings A.nalysis 1. The Applicant is 11ereby notified tllat p.ursual1t to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request "lTIust be in writing, al1d .must be filed with tIle City Clerk not more than twenty-eig.ht (28) d.ays after the fil1al decision cOl1cerl1ing the matter at issue. A request for a regulatory takings analysis will toll tIle time period within which a Petitioll for Judicial Review may be filed. 2. Please take notice that this is a final actio.u of tIle govellling body of tIle City of Meridian, p.ursuant to Idaho Code S 67-6521 an affected .person beil1g a person who has an interest in real property which may be adversely affected by tile issuance or de.nial of tIle c0.11ditional use permit approvallnay within twenty-eigllt (28) days after tIle date of tIlls decisio.n and order seek a j.udicial review as provided. by Chapter 52, Title 67, Idaho Code. :F . Ex.hibits Exhibit A: Legal Description Exhibit B: Approved Preliluil1ary Plat Exhibit C: Almexation and Zon-il1g Co:mments Exhibit D: .Prelilninary :Plat Co.nditions of Approval Exhibit E: Conditiol1al Use Pennit Conditions of Approval EX]libit F: Annexation & ZOlling .Findillgs Exhibit G: Prelirninary Plat Fil1dings Exhibit H: Conditional Use Permit Findings By action of the City Council at its regular meeting held on the !llMC~' ,2005. 15~6 dayof COUNCIL MEMBER. SHAUN WARDLE VOTED COUNCIL MEMBER CHRISTINE DONNELL VOTED COUNCIL MEMBER CHARLIE ROUNTREE VOTED ~ COUNCIL MEMBER KEITH BIRD VOTED CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NOeS). AZ-04M034, PP-04-043, CUP-04-052 - P AG E 4 Of 5 )~""". (" ~\ . .. MAYOR TAMMY de WEERD (TIE BREAKER) VOTED Attest: and City Attorney. Dated: ~~..-\~-OS By:, City Cler.k's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & OR.DER CASE NOeS)L AZw04M034~ PP-04-043, cur-04-052 - PAGE 5 of5 ('...... EXHIBIT A Hacienda Subdivision AZ-04-034 Legal Description Annexation Boundary Description For Jayo Company A parcel for annexation purposes located in Government Lots 1 and 2 in the NVv j4 of Section 30~ To\vnship 4 Northt Range 1 East Boise Meridianl Ada Counlyt Idaho, more parttcurarly described as follows~ Commencing at a brass cap monun1ent marking the southwest corner of said NW X (~ comer), from which a 5/B inch diameter iron pin marking the northwest corner of said Government Lot 2 bears N Q002-03u Wad istance of 1330 ~ 58 feet; Thence N O~02'03l'1 W along the westedy boundary of said NW ~ a distance of 796,14 feet to the POINT OF BEGINNJNG~ Thence continuing along said westerly boundary N 00021031' W a distance of 534.44 fe.et to a 5/8 inch diameter iron pin ~ Thence continuing along said westerly boundary N Otl01.30~ W a distance of 261 ~ 12 feet to a paint: Thence leaving said westerly boundary N 89G40t43!~ E a distance of 1100.65 feet to a 518 in ch diameter iron pi n; Thence S 0002t36~ W along the easterly boundary of said Government Lots 1 and 2 a distance of 795.12 feet to a 5/8 inch dianleter iron pin~ Thence leaving said easteriy boundary S B9Q39~20~~ W a distance of 1 099.61 feet to the POINT OF BEGINNING. This parcel contains 20<09 acres and is subject to any easements existing or in use, Cii nton W. Hansen~ PLS La rid Sorutions r PC November 8~ 2004 (\ 1:1 "1 n1V.~ pUB\.\G t.\cf-{,\O\~~ O'Er' 'l~oRf' ~ g: ,~.. . ..... ......_.. ... ~ .' r r ~ ~.j ~ ~ : (: \. EXHIBIT B (~~.,... \: . Hacienda Subdivision (PP-04-043, CUP-04-052) Approved Preliminary Plat/S.ite Plan .~ ......t-. : ~. ~ ~n: fr.t #iF ).fI~,,"{). ( 1M; E'~ : ;1~t-".. .. :- ~ ~ v ~i F ~: .:W .I. i ~ J ...~.;> :~.::. :F.:...~ ~...~ : ti' t -: rI' .- Z. ".:_ /" \,' . <:n:.: '. EXHIBIT C Annexation and Z011ing Ap.plication Hacienda S.ubdivision AZ-04...034 ANNEXATION AND ZONING COMMENTS 1. The legal d.escription sublnitted with the application (stalu:ped. by Clinton W. Hansen on 11- 08-04) appears to Ineet the requirements of the City of Meridian al1d State Tax COllllnission and places the parcel contiguous to existing city limits. 2. Any existing domestic wells and/or septic systelTIS within this .project will have to be relnoved fr01TI their domestic service, per City Ordinance Section 5-7-517, wIlen services are available frDIn the City of Meridian. Wells .luay be used for n.on-domestic purposes such as landscape irrigation. 3~ All irrigation ditches, laterals or canals, exclusive of.natural waterways, intersectil1g, crossing or lying adjacent and contiguous to the parcel shall be tiled per City Ordinal1ce 12-4-13. Plans will need to be approved by tIle appropriate irrigation/drainage district, or lateral users association (ditch oWl1ers), with wlitten approval or 11on-ap.proval submitted to the Public Works DepartlneJlt. If lateral users association approval can't .be obtained, plans will be reviewed and. approved .by the Meridian City E.ngineer .prior to final plat signature. 4. Any future subdivisiol1, planned developluent, uses and COllstruction shall cOlnply wit11 the City of Meridian ordinaIlces ill effect at tIle time. .<:.:.-. .. ~ (,.,,:... EXHIBIT D Conditions of Approval Preliminary Plat Hacienda Subdivis.ion (File PP-04-043) SITE SPECIFIC CONDITIONS-PRELIMINARY PLAT 1. Sanitary sewer service to this site shall be via main title extensio.ns froIn the Nortll SIo.ugh Trunk that is cU11-ently in the design stage by the City of Meridian. The applicant will be responsible for co.nstructing the lateral sewer and water .mains to and througll tllis .proposed deve.lo.pluent, thereby makil1g thelTI available to adjacent .prope.rties. The subdivision designer is responsible for coordinating Inain sizi.ng and routing with tIle Public Works Departtnent. This developtnent sllall be subject to latecolner fees, to reiIn.burse those responsible for bringing sanitary sewer service to the area, wlle11 and if the Lateco"lners Fee Agreement is established. Latecolner's fees sllall be due and .payable prior to signature on the final plat for each phase. This proposed develo.pment is currently 110t serviceable .by tl1e City of Meridian's satlitary sewer systeln. Proceeding t11fough th.e approval .process is strictly the lisk of the applicant. The City of Meridian does not guarantee sewer service witllil1 tIle developtnent time frames outlined in Meridian City Ordinance. 2. Water service to tllis site s.hall be via a 16-incll1nail1 line extension froiu a luain cun-el1tly being designed by the City of Meridian. The City's project will extend water service up N~ Meridian Road to Mc:Millan.. The applicant will be responsible for constructing tIle 16-il1Ch dialneter water Inail1s to the Inid-section litle, alld a 12-incll luain to the .nolth boulldary line exte.nded in Meridian Road. All otb.er mains throu.g11 this proposed develoPluent sllall be 8-inch dialneter. The subdivision designer is responsible for coordinating lnain. sizing alld routing witll the Public Works Departlnent This d.eveloplne11t shall be subject to latecolner fees, to reiluburse those responsible for bringing water service to th.e area, wllel1 and if tIle Latecolners Fee Agreemellt is establislled. Lateco.mer's fees shall be due and payable prior to signature on the final plat for eacll ph.ase. 3 · The applicant .has not indicated who will own and. maintain tIle .pressurized irrigation systelu within tllis developtnent If the system remains private, plans and specifications shall be reviewed by tIle Public Works Departlnent as part of the development plan review process. A draft copy of the pressurized irrigation. systelTI O&M luanuallllust be submitted prior to plan approval, al1d th.e applicant shall be subject to irrigation plan review fees. Underground year-roulld pressurized ilTigation lTIUst be provided to all lots witlli.n this developmel1t. The City of Meridian requires tIlat pressurized irrigation systelTIS be sup.plied by a .year-round source of water. Applicant s.hall be required to utilize any existing surface or well .water for the prilnary source~ If a surface or well source is not availa.ble, a single-:point con.nection to the culinary water system sllalI be Hacienda Subdivision - PP-04-043 - Exhibit D page 1 of6 /: t:: .. ~~~."". . {\..:.... . required. If a single-:point connectio.n is utilized, the developer shall be respo.nsible for tIle payment of asseSSlnents for the COlTIlTIOn areas prior to signature on the final .plat by the Meridian City Engineer. 4. If the request is approved by the irrigation district, for all unpiped (o.pen) sections of tIle North Slougll Lateral, slopes sllall not be steeper than 4: 1. A "typical" detail of tIle cross- section of these sections sIla!1 be submitted to the P&Z Departlnent for approval with th.e fil1al :plat landsc~pe .pIan. TIle City Council supports the applicant's intention to 110t pipe the North Slougll Lateral. 5K Prior to City Council a.p.proval of tIle final plat, the applicant shall SUbluit a written statelnent froln Settlers Irrigatiol1 District (SID) to tIle P&Z Department clarifying th.e required easement width for the North Slough drain. Applicant shall Ineet tIle conditiol1S of SID. 6. The plat shall show Rio Colinas Street as a 36-foot street sectiol1. 7. Graphically depict COlnlnon driveway locations for the toW.nJlouse lots in Blocks 6 and 7. 8. The conceptual landscape plall sublnitted witll tile .preliminary plat (Sheets PPL-C and PPL-l, dated 11/03/04 by The Land Group) is ap.proved with the following changes: a. Revise Sheet PPL-l to Sl10W the lal1dscape island in Rio Colinas. b. Revise Sheet P:PL-l to relTIOVe tIle fellce currently shown encroaclling on Lot 18, Block 4. c. No trees will be allowed within sanitary sewer or irrigation easemellts, except as approved through a separate License Agreelnent. Relocate any trees Sl10W witllin easelnents to other locatio.l1s within tIle developITI.ent. d. The applicant s]lalI atte.mpt to obtain a License Agreelnent with SID to plant trees within tIle North Slougll Lateral easelnent for Lot 20, Bloc.k 6, Lot 1, Block 5, Lots 1 and. 12, Block 4 and. Lot 1, Block 3. If unsuccessful, the ap.plicant shall Initigate for tIle required number of trees within. tl1ese com.lTIon areas (1 :8,000 sq. ft.) within the subdivisiol1. At a IninilTImTI., non-illvasive root s11rubs s11a11 .be provided within tllese areas, as pennitted by SID. 9. Ul1less otherwise waived by tIle City Council, all irrigation ditches, laterals or canals illtersecting, crossillg or lyil1g adjacent alld COl1tiguous to tIle .parcel shall be tiled per MCC 12-4-13. Plans willlleed to be approved by Settlers Irrigation District, or lateral users association (ditch owners), with writtell approval or non-approval submitted to the Public Works De.partlnent If lateral users association approval call't be obtained, :plans will be reviewed and approved .by the Meridian City Engineer prior to final plat signature. Meridian City Code 12-4-13-B req.uires that tiled ditches l1ave a sloped .bar-grated inlet structure and access/cleanout boxes at a Inaximu.1TI. of four hundred foot (400') spacing and at all angle points of tIle pipeline. TIle applicant shall address the access to each of these required structures, as sOlne will fall within the back yard of several lots. H.acienda Subdivision - PP-04-043 - Exhibit D .Page 2 Of 6 ('..: . (.:~...'...: Y"",-...:.. .' . 10. Applicant 811al1 construct a lninimum 5-foot wide, detached sidewalk along the entire subdivision frontage of Melidian Road and. adjacent to the designated collector roadways. Coordinate sidewalk location with ACHD. 11 ~ All areas being counted toward the 10% open space amenity shall be free of "wet pOl1ds" or otller suell nuisances. All stonnwater dete.ntion facilities il1corporated into the required opel1 space are subject to MCC 1.2-13-14 and shall be fully vegetated with grass and trees, as depicted on the s.ubtnitted landscape plans~ AllY ACHD-required access driveways to serve stol1llwater areas tllat are located within required o.pen space lots shall be ShOWll on the d.etailed landscape plans witl1 each final .plat. 12~ Applicant shall COllStruct 6-foot vinyl, perimeter fencing, .u111ess ot11erwise approved by the Zonil1g Adlnit1istrator~ STANDARD PRELIMINARY PLAT CONDITIONS 1. Please subtnit a copy of the Ada County Street Name C01TIlnittee's approval letter for the subdivisiol1 narue, and the lot and block llumberil1g. Make any con-ections necessary to confonn. 2. Coordinate fire hydrant placelnent witl1 tIle City of Meridian Public Warks Departlnellt. 3~ A letter of credit or cash surety in the amount of 110% will .be required for all fel1cing, lal1dscaping, play equip:ment, pressurized irrigatio.11, sanitary sewer, water, etc~, prior to signature on the final .plat 4. All micropaths wit11il1 the proposed subdivisiol1 shall be designed in accordance with M CC 12-13 -15 "Micropatll Landscaping". 5. A detailed landsca.pe plan, ill COl11pliance with tIle landscape ordillance shall be subluitted for the su.bdivisiol1 with tIle fi11al .plat application) the Ialldscape plan s:hall include tIle location and design of any proposed playground equipment 6. Sidewalks witllill th.e proposed subdivision shall be built in accordance with MCC12-13- 1 0-8. 7. 250 and 1 aD-watt, higl1-pressure sodiulTI streetlights will .be required at locations designated by tIle Public Works Departlnent. All streetlights shall be installed at subdivider's expe.nse~ Typical locatio.l1s are at street il1tersectiol1S and/or fire llydrants~ Final design locations and quantity are deterlnined after power designs are completed by ldallo Power COlnpany~ The street light contractor sllal! obtain desigI1 and permit frOtTI the Public Works Department prior cOlulnel1cing installations. 8. Please su.bmit up to date groundwater/soils lllonitoring data to tIle Public Works Department for review. Any drainage areas (detention/retention basins) luust be designed H.acienda Subdivision - PP-04-043 - Exhibit D page 3 of6 ~"":"" " j"" \ " to ensure that water will percolate within a pe.riod of time not to exceed 24 .hours for all stonns .up to and including a 1 aD-year stonn eve.nt. Side slopes within drainage areas sIlall not exceed 3: 1 . 9. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being tIle equivalent number of caliper incl1es of trees that were relTIoved. Required landscaping trees will :not be consid.ered as replacement trees for those trees that have to be relTI.oved. 1 o. Developer shall coordinate mailbox locations with the Meridian Post Office. 11. Any existing domestic wells and/or septic systems within tllis :project will have to be renloved troIn tlleir dOlnestic service per City Ordinance Section 9..1-4 al1d 9-4-8. Wells Inay be used for non-dOlnestic purposes such as landsca.pe irrigatio:n. 12. COlnpaction test results .1uust be subluitted to the Meridian Building Departlnent for all building pads receivillg engineered backfill, w11ere footing would sit atop filllnaterial. 13. Applicant's engineer will be required to sublnit a signed, statnped statelnent certifying that all street finish centerline elevations are set a luiJlitnum of tllree feet above the highest established 110nna] groul1d.water elevation. FIRE DEPARTMENT CONDITIONS 1. The existing residence (future clubllouse) sllall be brought up to "Asselnbly" occupancy alld cOlnply with the IFC. 2. No parking is allowed witllil1 any of the "knuckle" areas of the plat. 3. All roofil1g Inaterials on the attaclled dwelling units sllall be a 11on-cOlnbustible Inate.rial. 4. One al1d two family dwellitlgs will req.uire a fire-flow of 1,000 gallons .per minute available for duration of2 hours to service t11e entire project Fire hydrallts shall be placed an average of 400' apart. Inte.rnational Fire Code Appendix 0 5. Acceptance of the water supply for fire protectioll will be by the Meridian Water :0 epartInen t. 6~ Final Approval of tIle fire hyd.rant locations shall be by the Meridian Fire Departlnent. a. Fire Hydrants shallllave the 4 ~" outlet face tIle Inain street or parking lot aisle. b. TIle Fire l1ydrant sIlall not face a street w.hicll does not l1ave 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 1 0' to eacl1 side of tIle hydrant locatioI1. e. Fire Hydrants sIlaIl be placed on COll1ers. f. Fire hydrants shall not have allY vertical obstructions to outlets witllin 10'. Hacienda Subdivision - PP-04-043 - Exhibit D page 4 of6 {" { . \..' :f-:-::~~' " (...:::.. . 7. TIle phasing plan Inay require that an.y roadway greater thall 150' in length that is not provided with an outlet shall be required to have an approved tur.n around. 8. All entrance and internal roads shallllave a tu.rning radius of28' inside and 48' outside radius. 9~ Insure tllat all yet undeveloped. parcels are luaintained free of cOln.bustible vegetatioll. 10. Operatiol1al fire hydrants and. telnporary or pel1nanent street signs are required before combustible construction begins. 11. To increase elnergency access to the site a miniln.ulTI of two points of access will be required for any portion of the project, whicll serves lTIOre than 50 homes. The applicant sIlall provide a stub street to the property to the (west/eastlnorthlsouth). The two entrances shall be separated by no less tl1an ~ tIle diagol1allneasuremellt of tIle project. 12. Buildil1g setbacks shall be per the .Building Code for one and two story constru.ctiOll. 13. The roadways shall be built to Ada County Highway Stalldards and s.hall have a clear driving surface, available at all tilnes, which is 20' wide~ Streets with less tl1an a 29' street width sIlaIl have .no parking~ Streets with less than 33' s11all11ave parking only on one side. 14. Maintain a separation of 5' froln tIle .buildil1g to tIle dUlnpster en.closure. 15~ All po.rtions of tIle .b.uild.illgS located 011 tllis project lTIUst be within 150' of a .paved. surface as lneasured around the perimeter of the building. 16~ All COllllllon driveways shall be straigllt or l1ave a tunling radius of 28' inside alld 48' outside and s11al1 have a clear driving surface w.hicl1 is 20' wide. POLICE DEPARTMENT CONDITIONS 1 ~ The pedestrian access to the proposed clubllouse/cOlTIlnunity elltral1ce .is .not well-defined. The applicant shall SU.bluit a revised landscape .plall that .uses walkway paving materials and landscaping to alert lTIotor.ists to tIle pedestrian traffic. 2~ The proposed landscapiJlg creates a hiding spot .near alld south of Lot 20, Block 5 and Lot 24, Block 5~ The ap.plicant shall su.b.mit a revised landscaping plan that affords greater visibility of tIle area froln public areas such as a street or parking lot. 3. AllY interior fencin.g shall allow visibility frOlTI tIle street or shall not exceed four feet in l1eight if solid fencing is used (pel1ailling to Lot 1, Block 5). PARKS DE.P A.RTMENT CONDITIONS 1. Standard for Mitigation of trees: The standard established in tIle City of Meridian Landscape Ordinance (MCC 12-13-13-6) will be followed. Hacienda Subdivision ~ PP-04-043 - .Exhibit D page 5 of6 f. \. (~... .. 2. Standard Plan for Protection of Existing Trees during Construction: T.he standard establisl1ed in the City of .Meridian Landsca.pe Ordinance (MCC 12-13-13) will be followed. SANITARY SERVICES CO. CONDITIONS I. Please contact Bill Gregory at sse (888-3999) for detailed review of your proposal al1d submit stamped (approved.) plans with your Certificate of Zoning COlnpliance application. Hacienda Subdivision - PP-04-043 - Exhibit D page 6 of6 C.":: . I~~..:.. . f . . t~~./... ..... . :EXHIBIT E Conditions of Approval Conditional Use Permit Hacienda Subdivision (File CUP-04-052) SIT:E SPECIFIC CONDITIONS (Conditional Use Permit) 1. Applicant sIlall meet all of the requirements of the :prelilninary .plat as a condition of the Conditional Use Permit. 2. A condition of the CUP/PD shall be that the applicant participates in any road infrastructure agreements in the North Meridian. Planning Area negotiated witll AC:HD and shall faithfully perfOrlTI the tenns of such agreelTI.ent or agreements. 3. A mil1ilTIUln lO-foot setback from the Rio Vista Drive right-of-way is required for the existing wall on Lot 1, Block 5. Prior to issuance of a Certificate of Zoning COlnpliance for tIle clubhouse lot, the ap..plicant shall meet with the Meridian .Police Chief or l1is designee on site to d.etermine the proper lighting, fellce h.eigllt, gates and surveillance Inonitoring around tIle clu.bl1o'use~ Su.b.luit written ap.proval of said Police Department ap.proval with the Certificate of Zoning Compliance for the clu.bhouse. 4. All development sllall comply with the Americans wit]] Disabilities Act and the Fair Housing Act, includillg tIle COlnln.unity clubhouse~ 5. T.he applicant sllall .provide/construct tile followillg atuenities within the subdivision: a~ Over 1 0% of the gross area as open space; al1d b. A COlTItTIunity clubl10use with restroOlTIS and a SWilTIlning pool. 6~ The following deviations from the Z0.11ing al1d Subdivisioll Ordinance (MCC Title 11 and 12) are approved as part of this ap:plication: Min~ Lot Size- City Requirelnellt (R-8) 6,500 sq~ ft per lot A.pproved Lot Size 2,850 sq. ft per lot (attached units only) Lot Frontage- City Requireluent 65' luil1ilnuln Approved Minilnum Fro.ntage 32' minim.urn Zero Lot Lines- City Requirelnent 'I per lot (lnax.) Ap.proved Stal1dard 2 per lot Hacienda Subdivision - CUP-04-052 - Exhibit.E page 1 of2 ( rI'.~~rI'. t" "" " ~\""::"" 7~ All areas being counted toward the 1 0% open space amenity shall be free of "wet ponds" or otller such nuisances. All stormwater detention facilities incorporated into tIle required open space are subject to .MCC 12-13-14 and shall be fully vegetated with grass and trees, as depicted on the sublnitted landscape plans4 8. A Certificate of Zo.ning COlTI.pliance .must be obtained. for the clubho.use and swilnming pool prior to applyil1g for building permits. 9. TOWl111ouse Elevations: A varied color al1d/or building material schelne is required for tIle townllome structures witllin the subdivisio.n~ Applicallt s11al1 obtain written ap.proval fr01TI tIle P &Z De.partlnel1t for said scheme prior to City Engineer signature of tIle final plat. .Hacienda Subdivision - CUP-04-052 - Exhibit E page 2 Of 2 (.. ( EX:HIBIT F Annexation and Zoning Findings Hacie.nda Subdivision (File AZ-04-034) The City Council.hereby approves the following analysis of required fil1dings by staff: According to Ordinance 11-1 5-11, General Stalldards Applicable to Zo.ning Amendments. both the P&Z Commission and COllneil are required (eto review the particular facts and cirCltmstances 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. " 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; Staff finds that tIle requested zoning designation, R-8, is .hannonious with and in accordance with th.e 2002 COluprehensive Plan. and P.uture Land Use Map, wl1ich designates the land to be .Medium De.nsity ResidentiaL There is a Ininilnum target d.ensity of three (3) du/acre in tIle Comprehensive Plan and Hacienda's gross density is 4.99 du/acre~ The Future Land Use Map shows a potential :public par.k site, regiol1al pathway, and future sclloo1 site in this section. A lO-foot wide regional patll was recently approved ill Saguaro Canyon and Ventana Subdivisiol1S to the soutll and east. Also, Joint Selloo) District No. 2 l1as purchased a 41 acre s.ite ill the section (two parcels to the south) and they are 110t .pursuing any further latld acquisitiollS in Sectiol1 30 at this titne (according to Welldell Bigham, Facilities Director). P&Z Department staff is not aware of any efforts the .Meridial1 Parks & Recreation Depart.ment is .undertaking to acquire land within this section for a public .park~ The COluprehensive Plan contains policies whic11 ellCQUrage developlnent to be pllased in accordance witll their cOlUlection to the sewer systeln (see policy #8, page 1 08) and silnilar policies ailned at COl1troIling grOWtll. Tile .parcel is plalll1ed to be served with the Nortll South Trunk, whicl1 is 110t yet constructed to Merid.ian Road. TIle Pu.blic Works Departlnent .has been coordil1ating with pro.pel1y owners to the west and south on tIle extension and aligmnel1t of the trunk line. ParamOullt Subdivision is currently constructing tIle sanitary sewer and will stub to Meridian R.oad. Below are sOlne of the 2002 Comprellensive Plan policies whicl1 generally support the a.ul1exation request (Staff analysis is s110wn ill italics). TIle application also lists several other policies WIlich support the a.nnexation: Hacienda Subdivision (AZ-04-034) - Exhibit F - Findings of Fact, Conclusions of Law & Decision and Order page 1 of5 ( f~. .. . l"...:..... . · "Promote the design of attractive roadway entryway areas tlrroughout Meridian that will clearly identify the cOlnlnunity~" (Ch. V, Goal III, Obj. .8 ~ #7) Hacienda S.ubdivision is proposing a 35-foot wide landscape buffer lot on Meridian Road with a substantial amount of new landscaping and hardscaping therein. · "New developtne.nt should not rely on. cul-de-sacs since they provide poor fire access, walkability and l1eig.h.borhood social life. New development and streets should .be designed to encourage walking al1d bicycling." (Ch. VI, Bullet #2, :pg. 71) There are no new cul-de-sacs planned within the development. · "Coordinate with ilTigation districts to provide l11ultiple use of existil1g irrigation easelnents." (ell. VII, Goal III, O.bj. B, #3) The applicant is proposing a path'way facility actjacent to the North Slough Lateral throllgh the majority of the project. They are also .proposing to keep the facility open as an amenity to the s'ubdivision, which staff supports. · ".Require usable open space to be incorporated into new residel1tial subdivision plats." (eh. VII, Goal IV, Obj. C, #3) .B. Is the area included in the zoning amendment intended to be rezoned in the future; Staff does not anticipate tllat the applicant inte.nds to rezone tIle subject property in the future. This is only the fourth urban-scale development and annexation ap.plication in Section 30, T4N, RIE. Upon extension of tile Nortl1 Slough Trunk into this square mile, additional reZOl1e requests are anticipated. 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; Staff finds that the pro.posed single faluily residential subdivision would be allowed witllin the requested zoning district of R-8, with a Planned Develo.p.ment to allow the reduced frontages, reduced lot sizes and zero lot lines. 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 Hacienda Subdivision (AZ-04-034) - Exhibit F - Findings of Fact, Conclusions of Law & Decision and Order .Page 2 Of 5 c.... . (:::........ in a fashion similar to the proposed rezone area; Staff finds that the land to tIle east and south. 1188 been recent.ly annexed and approved for single-family residential lots in Saguaro Canyon and Ventana Subdivisions. Saguaro Canyon has a gross density of 3~29 d.u./acre. Paramoullt Subdivision was alUlexed in 2003 and land itnmediately west of Ventana is zOlled for professional office and single falnily uses. Larkwood Su.bdivision east of Saguaro has lot sizes that run approxiluately 2 acres each. TIle proposed density-4.99 d~u./acre gross-is high.er tllan both Saguaro Canyon and Ve.ntana yet is within the allowable 3-8 units per acre targeted by the Comprel1ensive Plan. Thus staff finds tllat s.urroul1ding developmel1ts are mixed de.nsities-either tIle same or less, but tIle pro.posed density is within the al1ticipated range for a mediulTI density project ACHD has also reviewed the adjacent street capacity al1d has approved the proposed subdivision (witll cO.llditions). Meridian Road (between Cllinden and McMillan) is 110t .programlned within ACHD's Five Year Work PrograJn~ McMillan Road is ill ACHD's Capital Ilnprovelnent :Program and is anticipated to be reconstructed in 2018. The .property is d.esigned to sewer into a portion of the North Slough Trunk that is not yet co.nstructed. E. Will the proposed uses be designed, constructed, operated and maintained to be harmonious and appropriate in appearance lvith the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; Staff fillds that the proposed single family residential use will change the existillg .tural character of the subject property. There is an estate-type pro.perty south of Hacie.nda SubdivisioJl. However, according to public testiIno.ny issued at the Ventana Subdivision City Council11earings, tIle OWl1er is expected to redevelo.p in the near future. The intended cllaracter of the vicinity is a Inix of urban and suburban scale developments on a generally gridded street systelTI with a focus on single faluily and In.ulti-falnily housing at 3 to 8 d.u./acre. The proposed use is cOlnpatible wit], the Future Land Use Map. The design and density confonns to lTIOst of tIle Comprellensive Plan policies. F. Will the proposed uses not be hazardous or disturbing to existing or future neighboring uses; The COlmnission and COU11Cil sh.ould. rely on public testilTIOny (oral and written) to determine whetl1er or not the proposed. uses will be disturbing or hazardous to the existing or future neigllboring uses. Staff does .not anticipate tllat the proposed residential uses will be hazard.ous. However, staff finds that the new residences lnay be disruptive to existing agricultural .practices to the north. It should be :noted, however~ tllat tlle Hacienda Subdivision (AZ-04-034) - Exhibit.F ~ Findings of Fact, Conclusions of Law & Decision and Order page 3 of5 (.. fY.. \ .. COlnmission alld Co.uo.cil made this finding in th.e affirmative during the Saguaro Canyon and. Vental1a Subdivision hearings for tIle saine rural pro.petties. 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; Staff finds that the property to be arulexed will or can .be served adequately by most essential public facilities and services if all conditions of approval are rnet by the applicallt. The applicant shall be required to extend sanitary sewer and water luains to atld through tIle pro.posed developlnent, thereby lna.king thelTI available to the adjacel1t properties. The applicant and/or future pro.perty owners will be required to pay park and higllway itnpact fees as well as constluct on-site stormwater drainage fac:ilities~ Please review ACHD, Police and the Fire Department's COlTIlnents concerning this subdivision for furtller inforlnatiol1 regardi11g .public services and facilities. H. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; Staff finds tllat there will not be excessive additiol1al requirelnents at public cost for public services alld facilities, if tIle applicant com.plies with. the COllditions of appro.val for tIle accolnpanying conditio.nal use perluit and preliminary plat applications. I. Will the proposed uses not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by .reason of excessive production of traffic, noise, smoke, fumes, glare or odors; Staff recognizes that traffic and noise will increase significantly u.pon .build-out of tIle pro.posed su.bdivision. The Co.rnmission and Council should refer to the ACH:D staff report for specific details on traffic irnpacts. The traffic el1gineer for Ventana Subdivision deterluined that, even at project build-out in 2009, Meridian Road will function at all LOS C or better. Staff does .not feel that tIle arnau.nt generated will be detrimental to tIle public welfare if all City and ACHD conditions of approval are met. Staff finds that the proposed subdivision will 110t involve uses tllat would create other nuisances that would be detrimental to tIle general welfare of the SUITOUl1dillg area. Hacienda Subdivision (AZ-04-034) - :Exhibit F - Findings of Fact, Conclusions of Law & Decision and Order page 4 Of 5 f \ {.( . \", J. Wjll 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; Staff fil1ds that the subdivision's two ve.hicular approaches off of Merid i all Road are aligned wit}l existing pro.perty lines on the west side of .Meridian Road al1d cOlnply with the turn lane and intersection co.ntrol COllditions ilnposed .by ACHD~ The other proposed roadways will need to be improved in compliance with ACHD requ.irelnents in order to alleviate interference with the existing and proposed intersections. We do find that, as proposed, the Rio Colinas Street stub to the east is sllown as a 32-foot wid.e street section~ The standard public street section is 36 feet~ V.pon future redevelo.plnent of the parcel in Blythe :Estates S.ubdivision (to east), tllis four (4) foot discrepancy Inay create an interferellce wit11 future traffic~ Staff is recomlnendil1g this street be designed to a stalldard 36- foot section in this area. The CO.lnrnissiol1 and Cou.ncil should review ACHD co.mlnents concerning ve.hicular approaches alld traffic ge.neration. TIle ACHD Commission l1as ap.proved the Hacienda Su.bdivision prelilninary plat application. :K. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and Staff finds tl1at no natural or scel1ic features of Inajor importance will be lost or dalnaged by approving the al1nexation and re-zo.ne~ The Nortl1 SIo.ugh does bisect the .property and is proposed to .be piped undergroul1d for short seglnents througl1 the .project :However, this facility is not cOllsidered to be a feature of "lnajor impol1ance" for the COrntnUllity~ Any existing trees larger than 4" caliper tllat are removed shall 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)? Staff finds that sewer, water, irrigation, solid waste, library, fire and street services are available to the site. Existing ele.mentary school capacity relnains an ilu.portant but undetennilled factor for this subdivision~ The scllool district l1as stated in the past (for otller N.ortll Meridian developments) that additional students will furtller cOin.pound the current overcrowded situation and residents cannot be assured of attend.il1g the neigllborhood school. Both Havasu Creek and ParalTIOUllt Subdivision have been a.pproved for new eleluentary scl1ools, although neither of t]lese sites has a construction date at tllis titne. Long-range planning in th.e North Meridian area llas been underway since 2001~ This area is a part of the North Meridian Area Plan~ The proposed use and density generally comply with this plan. Staff fi.nds that the annexation of this property is largely in tIle best interest of the City. Hacienda Subdivision (AZ-04-034) - .Exhibit F - Findings of Fact, Conclusions of La\v & .Decision and Order page 5 of5 ( fY;';" . . '. t..:. . : EXHIBIT G Preliminary Plat Findings Hacienda Subdivision (File PP-04-043) T.he City Council here.by approves the following analysis of required findings by staff: Sections 12-3-3 J~2 and 12-3-5 D read as follows: "In deternlining 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 wlth the Comprehensive Development Plan; Staff finds the su.bdivisiol1 to be in substantial confo:rmance witll the COlnprehensive Plan, as noted in Fillding "A" under tIle Hacienda Al1nexation and Zoning applicatiol1~ b. The availability of public services to accommodate the proposed development; As noted under Findings G and L of tIle H.acienda Annexation al1d Zoning ap.plication, staff finds that all public services are available to aCCOllllTIodate tIle .proposed developtnent c. The continuity of the proposed development with the capital improvement program; The proposed subdivision would. 110t create allY lTIOre additional requirelnents or delnands to the City than otller stal1dard residential uses~ TIle Pu.blic Works Departlnent elP in.eludes tIle North Sloug.h Trunk extellsion, which this propel1y will drain to. The developer will need to construct off-site sewer and water ilnprovelnents in N. Meridian Road, in accordance witll the Master Facility Plan. d. The public fmancial capability of supporting services for the proposed development; Staff finds tllat the developluellt will require public expe.n.ditures for exte.nding the North Slougll Trunk. Specifically, tIle Public Works Inust enter into a contract with a pri vate finn to acquire easelnents, design and construct the lil1e. The funding for this e.xtension is budgeted in tIle FY04 budget, witll a .preliminary Hacienda Subdivision (PP-04-043) - Exhibit G. - Findings of Fact, Conclusions of Law & Decision and Order page 1 of2 .( ( estimated schedule of construction cOlnpletion by June 2005. e. The other health, safety or environmental problems that may be brought to the Commission's attention. Other than .previously noted, staff does not find any otller healtll, safety or envirOll1nental problems associated with this subdivisiol1 that need to be brought to the Councilor Commission's attentio.t1. H.acienda Subdivision (PP-04-043) ~ Exhibit G - Findings of Fact, Conclusions of Law & Decision and Order page 2 of2 ( EXHIBIT H Conditio.oal Use Permit Findings Hacienda Subdivision (File CUP-04-052) The City Council hereby approves the following analysis of required findings by staff: The Commission and COllncil shall review the particlllar facts and circumstances of each proposed conditional use in terms of the following and may approve a conditionalllse permit if they shall find evidence presented at the hearing(s) is adequate to establish (11- 17-3): A. That the site is large enough to accommodate the pro.posed use and all yards, open spaces, parking landscaping and other features as may be required by this ordinance; Staff finds that the subject propeliy is large e.noug.h to aCCOffilTIodate tIle requested use and all other required features as noted above. :8. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; See Fil1ding "A" under the Anllexation. and Zoning application~ 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 Findi.ngs "D" and. "E" under the Almexation al1d Zonillg ap:plicatio.n. D. That the proposed use, if it complies \vith all conditions of the approval imposed, will not adversely affect other pro.perty in the vici.nity; See Finding "F" under the Anl1exation and Zon:il1g applicatiol1. 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 sh.al) be able to provide adequately any such services; See Finding "G" under tIle Annexation and Zoning applicatiol1~ F. That the proposed use will not create excessive additional requirements at Hacienda Subdivision (CUP-04-052) ~ .Exh.ibit H - Findings of Fact, Conclusions of Law & Dec.ision and Order page 1 of2 t t (.<.::n.. . pubUc cost for public facilities and services and will not be detrimental to the economic welfare of the community; See :Filldillg "H" under tIle Annexation and Zoning ap.plication and Finding "D" under the Prelimillary Plat application. G. That the proposed use ,viII not .involve activities or processes, materials, equipment, and conditions of operation that w.ill be detrimental to any persons, property, or general \velfare by reason of excessive production of trafflc, noise, smoke, fumes, glare or odors; See Finding "I" under the Annexation and ZOlling application. H. That the proposed use will have vehicular app.roaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; See Fil1dings "1" al1d "J" under the Annexation and. Zoning application. I. That the proposed use will not result in the destruction, Joss or damage of a natural, scenic or historic feature considered to be of major importance. See Fil1ding "K" under the AlIDexation and Zoning ap.plicatio.n. Hacienda Subdiv.ision (CUP-04-052) - Exhibit H - Findings of Fact, Conclusions of Law & Decision and Order .Page 2 of2 (: t.'.... \~ . . ....... . March 11, 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT Jayo Construction P P 04-034 March 15, 2005 ITEM NO ~ 5-G REQUEST Findings for Approval- Request for Preliminary Plat approval of 98 building lots and 27 common lots on 19 .63 acres in a proposed R-8 zone for Hacienda Subdivision - 6000 North Meridian 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 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: 5Mu...Y'- J.~~ Date:: 3! iLl I () S Phone: EmaHed: ,<;ha.{J(\ f.O~ fQ<'1 ol-eO(\s(}-.\+a.J\-ks, ()e.;+ Staff Initials: tR.... , Materials presented at public meetings shall become property of the City of Meridlan~ See attached Findings ~ to 0 0 \. 0 <:...-m. . CITY 0 F MERIDIAN &0S3Fk1~..1I:.1t.~11~~<&:tla DECISION & ORDER In the matter of a request for Annexation and Zoning of 19.63 acres from R.UT to R-8 zone AND Preliminary Plat approval of ninety-six (96) single-family residential and tlventy-eight (28) common lots on 19.63 acres in a proposed R-8 zone AND Conditional Use Permit approval for a Planned Development for a Residential Subdivision with Reduced Lot Frontages, Reduced Lot Sizes, and Zero .Lot Lines, including Clubhouse and Swimming Pool for Hacienda Subdivision, by Doug Jayo. Case No(s): AZ-04-034, .PP-04-043, CUP-04-052 For the City Council Hearing Date(s) of: .February 15 and March 1, 2005 A. Filldings of Fact 1 ~ Hearing Facts a. A notice of a p.u.blic hearing was publislled for two (2) consecutive weeks .prior to t11e City Council public hearing, the first publication appeari.ng and writte.n notice luailed to .pro.perty owners or purcllasers of record within three .hundred feet (300') of the external boul1daries of the property. The notice of public l1earing before the City Council was posted u.pon the .property under co:nsideration more tllan one week before said llearing. All otller noticil1g was done consistel1t with Idaho Code 967- 6509~ TIle Inatter was duly considered .by the City Council at tIle Fe.bruary 15, 2005 and continued to the March 1, 2005, .public hearing(s). TIle applical1t, affected property owners, and govelTIlnent subdivisions providing services wi.thin t11e plalU1ing jurisdiction of the City of Meridian were given full oppo.rtunity to express COlTIlnents al1d su.bmit evide.nce. .b. Written and oral testiluony was received on this Inatter, as reflected ill the records of the City Clerk (for written testiluony) and. ill tIle official meeting Ininutes (for oral testilTIOny). c~ The PlalUling and Zonil1g Commission conducted a pu.blic llearing and issued a written recommendatiol1 011 the subject Inatter to tIle City Council. d. The City COUllcill1eard and took oral and written testimony and duly considered the evidence and the record in this lnatter. 2. Process Facts CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & OR.OER CASE NO(S), AZ-04-034, PPR04-043, CUP-04-052 - PAGE ] Of 5 c. . '. // .... .. ,. l..... a~ Tllere has been compliance with all notice and l1earing requireluents set forth in Idaho Code ~67-6509, 6512, and Meridian City Code ~~ 11-15-5 and 11-17-5 as evidel1ced by tile Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with tIle staff report. 3. Application and Property Facts a. In addition to the application and property facts noted in the staff report an.d tIle Planning & Zoning Recommendation for the subject application(s), it is hereby verified that the .property owner(s) of record at tIle time of issuance oftllese findings is Michael Adkins (sale pe.nding to Doug layo). 4. Required Findings per Zoning and Su.bdivision Ordinance a. See Exhibit F (Atmexation and Zoning), Exhibit G (Preliminary Plat) and .Exhibit H (Conditional Use Permit) for tile findings required for this application. B. COllclusions of Law 1. The City of Meridial1 shall exercise the powers conferred upon it by the "Local .Land Use PlalUl.ing Act of 1975," codified at Chapter 65, Title 67, Idallo Code (I.C. g67- 6503). 2. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Develo.prnent Ordinal1ces codified at Titles II and 12, Meridian City Code, and all current zonil1g Inaps thereot: The City of Meridian has, by ordinance, establi.slled tIle Im.pact Area and the Alnended COluprehensive Pla.n of tIle City of Meridian, which was adopted A.ugust 6,2002, Resolution. No~ 02-382 and Maps. 3. TIle co.nditions shall be reviewa.ble by the City Council.pursuant to Meridian City Code ~ 11-17 -9. 4. Due consid.eration has beel1 given to tIle COlTIlnent(s) received froIn tIle govenunental subdivisions providing services in. tIle City of Meridian plal1Jling jurisdiction. 5. It is found public facilities and services required by the proposed development will not ilnpose expense upon the public if tIle attaclled conditions of approval are imposed. 6. Tllat tIle City has granted all order of approval in accordance with tllis Decision, which shall be signed by the Mayor and City Clerk and. then a copy served by tIle Clerk .UpOl1 the applicallt, the Planning alld. Zoning Department, tIle Public Warks Departlnent and any affected party requesting notice~ 7. That this approval is subject to tIle Legal Descri.ption in Exhibit A, tIle Preliluil1ary Plat in Exhibit B, and the Conditions of A:pproval in Exhibit C, D and E. The conditions are co.ncluded to be reasonable and the applicant shalllneet su.ch requirelnents as a condition of ap.proval of the application~ CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NOeS). AZ~04M034; PP-04-043, CUP-04-052 - PAGE 2 Of 5 (. {~. c~ Decision and Order Pursuant to the City COUI1Ci]'s authority as .provided in Meri.dian City Code S 12-3-5 and based upon tIle above and foregoil1g Findings of Fact w:hich are herein adopted, it is hereby ordered that: 1. The applicant's Prelilninary Plat as evidenced by having sublnitted tIle Prelilninary Plat dated February 17, 2005 (revision. #4)) is l1ereby conditionally approved; and 2~ The applicant's Conditional Use Permit/Planned .Unit Developtnent Site Plan as evidenced by having submitted the Site Plan dated February 17, 2005 (revisio.n #4) is hereby conditionally approved; and 2. The conditions of approval are as shown in Exhibits C, 0 and E. D. Notice of Ap.plicable Tilne Limits (as applicable) 1. Notice of Twelve (12) MOlltll Preliluinary Plat .Duration Please take 110tice tllat after the date of approval of the preliminary plat, the owner or developer sllalI l1ave OIle year witlli.n Wl1icl1 to file the request for approval of tIle final plat. After approval of final .plat, the owner or developer sIlaIl have one year to begin construction of the :public .utilities and OIle year tl1ereafter to cOlnplete construction of those public facilities. (MCC 12-2-4.B & C~) 2. N oti.ce of Eighteen (18) MontIl Conditional U.se Permit Duration Please take notice tllat the conditional use pennit shall be valid for a maximulD period of eigl1teen (18) months unless otherwise approved by tIle council. During this tiln.e, the pennit holder lTIUst COlUlnel1ce the use as pennitted in accordance with the conditions of ap.provaI, satisfy the requirelnents set fort11 in the conditions of ap.proval, acquire building pennits and COlnmence construction of perlnanent footings or structures on or in the ground~ In this C0.11text "structures" shall include sewer al1d water lines, streets or building construction. The applical1t has specified in the application and to tile cOlnmission and council a construction schedule and cOlTI.pletion date for the project~ Ift]le completion. date specified for the :project is exceeded, the conditional .use application shall become null and. void~ However, the applicant Inay sub.lnit an application for a time extension on the :project for city council review. TIle ap.plication for time extension shall be submitted. at least thirty (30) days prior to the deadline for cOID.pletioll of tIle project For .projects requirillg :platting, the final plat must be recorded within tllis eighteen (18) month period. For projects with multiple phases, the eighteen (18) montll deadline shall ~pply to tIle first pllase~ In the event that the development is made in successive contiguous segtnents or luultiple pllases, such p.hases shall.be constructed within successive intervals of OIle year [fOlTI the origillal date of approval by the COUI1Cil. If the successive phases are .not submitted within o.ne year intervals, the co.nditional appro.val of the future phases s.hall be null and void. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-04-034, PP-04-043, CUP-04-052 - PAGE 3 Of 5 ( /---:=.:....... . { : . \~...... . (.MCC 11-17-4.B.) E. Notice of Final Action and Right to Regulatory Takings AJlalysis 1. The Applicant is hereby notified that p.ursual1t to Idaho Code 67-8003, tIle Owner may request a regulatory taking analysis. Such request .must be in writing, and must .be filed with tIle City Clerk not lTIOre than twenty-eight (28) days after the final decision concernil1g the matter at issue. A request for a regulatory takings analysis will toll tIle time period within whicl1 a Petition for Judicial Review Inay be filed. 2. Please take notice that this is a final action of the goveluing .bod.y of the City of Meridian, pursuant to Idaho Code S 67-6521 an affected .person .being a person WIlD has an il1terest in real property whiclllnay be adversely affected .by the issuance or dell1aI of tIle conditional use permit approval :may withill twenty-eight (28) days after tIle date of this decision and ord.er seek a judicial review as provided by Chapter 52, Title 67, Idallo Code. F. .Exhibits Exhibit A: Legal :Oescription Exhibit B: Approved .Prelilninary Plat Exhibit C: Annexati0 ll. and Zoning COlnments Exhibit 0: Prelilninary Plat COllditions of Approval Exhibit E: Conditional Use Permit COl1ditions of Approval Exllibit F: Almexation & Z011ing Fil1dings Ex.hibit G: Preliluinary Plat Findings Exllibit H: Conditional Use Permit Findings By action of the City Co.uncil at its regular Ineeting held 011 tIle 111 (//LC/f,_/ ,2005. 15~ day of COUNCIL MEM.B:ER SHAUN WARDLE VOTED COUNCIL MEMBER CHRISTINE DONNELL VOTED COUNCIL MEMBER CHARLIE ROUNTREE VOTED COUNCIL MEMBER KEITH BIRD VOTED CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S)> AZ-04M034, PP-04-043, CUP-04-052 - PAGE 4 Of 5 c. .. /'. . 'j:\.~~. :MA YOR T AM.MY de WEERD (TIE BREAKER) VOTED Attest: and. City Attorney. Dated: 3.-\ ~ ~r CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & O.RDER CASE NO(S). AZ-04-034, PP-04-043, CUP-04-052 - PAGE 5 Of 5 ( (<.<<<,u. EXHIBIT A n.acienda Subdivision AZ-04-034 Legal Description Ann exatio n Bo u "clary Osee ription For Jayo Company A parcel fa r annexation purposes located in Government lots 1 and 2 in the NW 11.1 of Section 30~ TovmshJp 4 Northt Range 1 East, Boise Meridian, Ada Counly~ Idaho~ more particu tady described as foHows; Commencing at a brass cap monument marking the southlNest corner of said NW X (1,4 comer)1 from which a 5/8 inch diameter iron pin marking the northwest corner of said Government Lot 2 bears N 0002.03~t W a distance of 1330~58 feet; Thence N 0002'03~ W along the westerly boundary of said NW % a distance of 796.14 feet to the PO I NT OF B EGI NN ING; Thence continuing atong said westerly boundary N OQ02t03t~ W a distance of 534.44 feet to a 5/8 inch d iameter iran pin 1 Thence continuing along said westerly boundary N 0001'3011 Wa distance of 261 ~12 feet to a point; Thence leaving said westerly boundary N 89~401431} E a distance of 1100.65 feet to a 5/8 inch diameter iron pi n; 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 89D39.20rF W a distance of 1099.61 feet to the POlNT OF BEGINNJNG~ This parcel contains 20.09 acres and is subject to any easements existing or in use. Clinton w~ Hansen~ PLS La I~Jd Solutions! PC November 8~ 2004 ';.\i.::X. (1, ~~). .;} D~V~ ,.. I\t\ pu6\..\C, t,e.fUtl\ '.IS o"E.P1. ~ ~JOR'''' (.. .. . . l<~. .. \..:.. .. EXHIBIT B Hacienda Subdivision (PP-04-043, CUP-04-052) Approved Preliminary Plat/Site Plan .... .._. .-."'"" .... ..: ~ i' 1.. i. -'.f I. r :~ ...::.<" ~. i1 ~ :WTt: tj Hr .r! .. ~::: 'ji 1',~.L, l'~" .'~' .\. i. '< I ' 1....,..--..-,., <"---"+,< n_u~~ . q~ '< ~f. ~"' · ", ~i, -.if.~ ~ J ~ I k <, tf''t l~;" ;""" <-;- 1 f I ..::: ~~.;- t"~ :.;.: ~ ,.:::") ~<?:\ f :'~~:~: t t ( (. . \. EXHIBIT C Atmexation alld Zoning Application Haciellda Subdivision. AZ-04-034 ANNEXATION AND ZONING COMMENTS 1. The legal descriptioll su.brnitted with tIle application (stalnped by Clinton W. Hansen on 11- 08-04) appears to meet tIle requirements of tIle City of Meridian and State Tax COIUluission and places the .parcel co.ntiguous to existil1g city limits. 2. Any existing domestic wells and/or septic systelTIS within this project will l1ave to be relnoved fr01D tlleir domestic service, per City Ordinan.ce Section 5-7 -517, when services are available frOlTI the City of Meridian~ Wells :may be used for non-dOlnestic purposes such as landscape irrigation. 3. All irrigatiol1 ditc.hes, laterals or canals~ exclusive of l1atural waterways, intersecting, crossing or lying adjacent and contiguous to tIle .parcel shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the ap.propriate irrigation/drainage distlict, or lateral users association (ditch owners), with writte.n approval or non-approval sublnitted to the Public Works Department. If lateral users association approval can't be obtained, plans will be reviewed and approved by tIle Meridian City Engineer prior to final plat signature. 4. Any future subdivision, planned developtnent, uses and constructio.n sllal1 cOlnply witll the City of Meridian ordinances ill effect at the tilne. (- f~.".'. . \v...:.... .. EXHIBIT D Conditions of Approval Preliminary Plat Hacienda Subdivision (File PP-04-043) SITE SPECIFIC CONDITIONS-PRELIMIN.ARY .PLAT 1. Sanitary sewer service to this site shall.be via Inain :liJle extellsions frOID the Nortll SIougll Trunk that is currently in the design stage by the City of Meridian. T.he applicant will be responsible for constructing the lateral sewer and water lnains to and through this proposed development, thereby making thetTI available to adjacent pro.perties. The subdivision designer is responsible for coordinating lTI.ain sizing and routin.g with the Public Works Departlnent This developlnent sIlal] be subject to latecolner fees, to reim.burse those res.ponsible for .bringing sanitary sewer service to the area, when alld. if the Latecomers Fee Agreement is established. Latecomer's fees shall be due and payable prior to signature on tIle fil1al plat for each phase. This proposed developlnent is currently not serviceable .by the City of.Meridian's san.itary sewer systelu. Proceedil1g through the ap.proval process is str.ictly t11e risk of tIle applicant. The City of Meridian does .not guarantee sewer service with.il1 the developluent time frames outlined in Meridian City Ordinal1ce. 2. Water service to tllis site shall be via a 16-inch olain line extensiOll froln a Inain currel1tly being designed by tIle City of Me.ridian~ The City's project will extend water service .u.P N. Meridial1 Road to .McMillall~ The applicant will be respol1sible for constructing tIle 16-inch dialneter water Inains to tIle Inid-section. line, and a 12-inch .lnain to the north boundary line extellded in Meridian Road. All other Inains tllfough tllis proposed developUlel1t shall be 8-illCh diameter. TIle subdivision designer is responsible for coordinating :main sizing and routing with tIle Public Works Departlnent~ This developtnent shall be subject to latecolner fees, to reimburse tllose responsible for bringing water service to tIle area, wIlen alld if the Lateco.tners Fee Agreelnent is established. Latecolner's fees shall be due and .paya.bIe .prior to signature on tIle final plat for eacll :phase~ 3~ The applicant has not indicated who will own and lnaintai11 the pressurized irrigatiol1 system witllin tl1is developlnent. If the systelTI relnal11s pr.ivate, plal1s and specifications 811al1 be reviewed by the Public Warks Departl11ellt as pal1 of tIle developlnent plan review process~ A draft copy of tIle pressurized .in-igation systeJTI O&M lnallual must be su.blnitted prior to plan approval, and the applicant shall be subject to irrigation .plan review fees. Underground year-rou.nd pressurized irrigatio.n Inust .be provided to all lots within this development. TIle City of Melidian requires tllat pressulized in-igation systelTIS be supplied by a year-round source of water. Applicant shall be required to utilize any existing surface or well water for the .prilnary source. If a surface or well source :is not available, a single-point co.nnection to the culinary water systeln shall be Hacienda Subdivision - PP-04-043 - .Exhibit D page 1 of6 ( (<;-. required. If a single-point connection is utilized, the developer shall be responsible for the payment of asseSSlne.nts for the COlnmon areas prior to signature on the fil1al plat by the Meridian City Engineer. 4. If the request is approved by the irrigation district, for all unpiped (o.pen) sections of tIle North Slough Lateral, slopes shall not be steeper than 4: 1. A "typical" detail of the cross- section of these sections shall be subtnitted to the P&Z De.partment for approval witll the final plat landscape plan. The City Council supports the applicant's intention to not pipe the North Slough Lateral. 5A Prior to City Council approval of tIle fi.nal plat, the applicant shall sublnit a w:nttel1 statelnellt from Settlers Irrigatio.n District (SID) to the P&Z Departluent clarifying the required easelnent widtll for the NOlill Slough drain. Ap.plicant shall meet tIle conditions of SID. 6. TIle plat sllalI show Rio Colinas Street as a 36-foot street section. 7. Graphically depict COllliUOl1 d.riveway locations for the townhouse lots in Blocks 6 al1d 7. 8. The cOl1ceptual landscape plan submitted with the prelilninary plat (S.heets PPL-C al1d PPL-l, dated 11/03/04 by The :Land Group) is approved with tJle following changes: a. Revise Sheet PPL-I to show tIle landscape island in Rio Coli.nas. .b. .Revise Sheet PPL-I to relnove the fence currently s110wn e.ncroaching 011 Lot 18, Block 4. c. No trees will be allowed within sanitary sewer or irrigation easements, except as ap.proved tlrroug.h a s~parate Licellse Agreement. Re.locate any trees Sl10W within easements to other locations witllin the developlnent d. The applicallt sllall attelll.pt to obtail1 a Licellse Agreelnent with SID to plant trees within tlle Nort11 SIong!l Lateral easelnel1t for Lot 20, Block 6, Lot 1, Block 5, Lots 1 and 12, Block 4 and Lot 1, Block 3. If unsuccessful, the applicant shall Initlgate for the required llumber of trees witllin these COllliUon areas (1 :8,000 sq. ft) within the subd-ivision. At a Ininimum, .non.-illvasive root shru.bs shall be provided witllin tllese areas, as .permitted by SID. 9. Unless otherwise waived by tIle City Council, all irrigation ditc.hes, laterals or canals il1tersecting, crossing or lying adjacent and contiguous to the parcel shall be tiled per MCC 12-4-13. Plails will l1eed to be approved by Settlers Inigation District, or lateral users association (ditcl1 oWl1ers), witll written approval or nOll-ap.proval subluitted to tIle Public Works Departlnel1t. If lateral users association approval can't be obtained, plans will be reviewed an.d approved by tIle Meridial1 City Engineer prior to final plat signature. Meridial1 City Code 12-4-13-8 requires that t.iled d.itches have a sloped bar-grated inlet structure and access/cleanout boxes at a InaxitTIUlTI of four hundred foot (400') spacing and at all angle points of tIle .pipelille. The applicant sIlall address the access to each of tl1ese required structures, as saIne will fall witllin the back yard of several lots. Hacienda Subdivision - PP-04-043 - Exhibit.O .Page 2 Of 6 c.. (. \ 10. Ap.pIicant shall construct a minilTIUlll 5-foot wid.e, detached sidewalk alol1g the entire subdivision frontage of Meridian Road and adjacent to the designated collector road.ways. Coordinate sidewalk locatiol1 wit11 ACHD~ 11. All areas being co.unted toward the 1 0% open space alne.nity shall be free of "wet ponds" or otller such nuisances. All stonnwater detention facilities incorporated into the required open space are subject to MCC 12-13-14 and shall be fully vegetated with grass alld trees, as de.picted on the submitted lalldsc~pe plans. Any ACHD-required access driveways to serve stormwater areas tl1at are located witllin required o.pen space lots sIlall be shown on. the detailed landscape plans with each final plat. 12~ Applicant sllaII construct 6-foot vinyl, perimeter fellcillg, unless otherwise approved .by the Zoning Adlninistrator. STANDARD PRELIMINARY PLAT CONDITIONS 1" Please submit a copy of the Ada COUl1ty Street NalTIe COffilnittee's approval letter for the subdivision name, and tIle lot and block nUlnbering. Make any corrections necessary to confonn. 2~ Coordinate fire hydrallt .placelnent with the City of Meridial1 Public Warks Departlnent. 3 · A letter of credit or cash surety in tIle amOullt of 11 0% will be required for all fencing, lal1dscaping, play equiplnent, pressurized irrigation, sanitary sewer, water, etc.., prior to sigl1ature on the fillal plat. 4. All tuicro.paths witl1in tIle :proposed subdivisiol1 sllall .be designed in accordallce with M CC 12- I 3 -15 "Mi cropatll Landscaping". 5. A d.etailed landscape plan, itl cOlnpliance with the landscape ordinance sllall be sublnitted for tIle subdivision with tIle fillal plat applicatioll, tIle landscape .plan shall include th.e location al1d design of allY proposed playground equipln.el1t 6. Sidewalks within the proposed subdivisio.n sIlall be built in accordance with MCC12-13- 1 0-8. 7. 250 and 100-watt, high-pressure sodiulTI streetligl1ts will be required at locatiol1S designated by the Public Works Departluent All streetligllts shall be installed at subdivider's expel1se. Typical locatiol1S are at street il1tersections and/or fire l1ydral1ts. Final design locations alld quantity are d.etennined after power designs are cOlTI.pleted by Idaho Power CompallY. The street light contractor shall obtain desigtl and pel1nit frOlTI tIle Public Works Depal1ment prior comlnencing installations. 8. Please sublnit U.P to date grou.ndwater/soils Inollitoring data to the Public Works Department for review.. AllY drainage areas (detentionlretentiol1 basins) lTIUst be designed Hacienda Subdivision - PP-04-043 - Exhibit D page 3 of6 t:~-/.". .. .. t\:.... . to ensure that water will percolate within a period of tilne not to exceed 24 hours for all storms up to al1d including a 1 DO-year storm event. Side sIo.pes witl1io. drainage areas shall not exceed 3: 1. 9. 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 inclles of trees tl1at were removed. Required landscaping trees will 110t be considered as replacelnent trees for those trees that have to be relTIoved. 10. Developer sIlall coordinate Inailbox locations with the Meridian Post Office. 11. AllY existing dOlnestic wells and/or septic systelTIS within. this project will have to be relnoved from tl1eir dOlnestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells Inay be .used for 11on-dolnestic purposes sucl1 as landscape irr.igation. 12. COlnpaction test results luust be subtnitted to the Meridian B.uilding Departlnent for all building :pads receiving engineered backfill, w.here footillg would sit atop fill materiaL 13. Applicallt's engineer will be required to SUbluit a signed, stalnped statement cel1ifying that all street finish centerlille elevations are set a minimUlTI of three feet above tIle highest establislled nonn.al groundwater elevation. FIRE DEPARTMENT CONDITIONS 1. The existing residence (future clubhouse) shall be brought 'U.P to "Assembly" occupancy and comply with the IFC. 2. No parki11g is allowed witllin allY of tIle "knuckle" areas of the plat. 3 ~ All roofing materials on the attac.hed dwelling units shall be a non-combustible material. 4. One and two falnily dwellings will require a fire-flow of 1,000 gallol1s per minute available for d.uration of211ours to service the entire project. Fire 11ydrants slla!l be placed an average of 400' apart. Intenlatiol1al Fire Code Appendix D 5. Acceptance of t]le water supply for fire protection will be by tIle .Meridia11 Water Depalilnellt. 6. .Fillal A.pproval of the .fire hydrant locations s:hall be by the Meridian Fire Departlnent. a. Fire Hydrants sIlall have the 4 ~" outlet face the Inain street or parkil1g lot aisle. b. The Fire h.ydrant shall not face a street Wllich does not have addresses on it. c. Fire hydrant luarkers sl1all be provided per Public Works speCA d~ Locatiol1S with fire hydrants s.halI llave the curb painted red 10' to each side of tIle hydrallt locatio11. e. Fire Hydratlts shall be placed on corners~ f~ Fire l1ydrants shall not have any vertical obstructions to outlets within 1 0' ~ Hacienda Subdivision - PP-04-043 - Exhibit D page 4 of6 ( . ~~...-. : { \~ :. . 7. The .phasing .plan Inay req.uire that any roadway greater than 150' in length that is not provided with an o.utlet s.hall be required to have an approved turn around4 8. All entrance and internal roads shall have a turning radius of28' inside and 48' outsid.e radius. 9. Insure that all yet undeveloped .parcels are tnaintained free of combustible vegetatiol1. 1 O. O.peratiollal fire hydrants and temporary or permane.nt street signs are req.uired before cOlnbustible construction begins4 11.. To increase elnergency access to tIle site a luil1illlUlll of two points of access will be required for any portion of the project, whie11 serves more t11an 50 homes. The applical1t sIlall .provide a stub street to the property to the (westJeast/north/sout11). The two e.ntrances shall be separated b.y no less than Y1 the diagonallneasUretnent of the project. 12. :8uildiIlg setbacks s.hall .be per the Building Code for one al1d two story C011structio.n. 13. The roadways shall be .b.uilt to Ada County Higllway Standards and s.hall have a clear driving surface, available at all tilnes, whicll is 20' wide. Streets with less than a 29' street widtll shallllave no parking. Streets with less thall 33' shall have parkillg only on on e si de. 14. Maintain a separation of 5' froIn the building to the du.mpster enclosure. 15. All portions oftlle buildings located on tllis project must .be witl1in 150' of a paved surface as lueasured arou.nd the pelilneter of the building. 16. All cOlrunon driveways s11all be straigllt or l1ave a tun ling radius of 28' inside alld 48' outside and s]lall have a clear driving sUlface which is 20' wide. POLICE DEPARTMENT CONDITIONS 1. TIle pedestrian access to the proposed clubhouse/coIDtTIunity el1trance is not well-defi.ned. TIle ap.plicant shall submit a revised. landscape .plall tllat .uses walkway paving InateriaIs al1d landscaping to alet11notorists to the .pedestlian traffic. 2.. The proposed landscaping creates a hidillg spot near alld south of Lot 20, Block 5 and Lot 24, Blocl( 5. The applicant shall submit a revised landscaping plan tl1at affords greater visibility of the area frOlTI public areas suell as a street or parking lot. 3. Any interior fencing shall allow visibility froIn tIle street or sIlal1 not exceed four feet ill l1eight if solid fencing is usee} (pertaining to Lot 1, Block 5). PARKS DEPARTMENT CONDITIONS 1. Standard for Mitigation of trees: The standard esta.blislled in the City of Meridian Landscape Ordinance (M CC 12-13 -13 -6) will be fallowed. Hacienda Subdivision - PP-04-043 - .Exhib.it D page 5 of6 (.. (.. ~\~.:. . 2. Standard Plan for Protection of Existing Trees during Construction: TIle standard established ill the City of Meridian Landscape Ordi.nance (MCC 12-13-13) will be followed. SANITARY SERVICES CO. CONDITIONS 1 ~ Please contact Bill Gregory at sse (888-3999) for detailed review of your pro.posal a.nd sublnit stalnped (approved) plans with your Cel1ificate of Zoning COlnpliance app Ii cation. Hacienda Subdivision - PP-04-043 ~ Exhibit D page 6 of6 c. . (\ EXHIBIT E Conditions of Approval Conditional Use Permit Hacienda Subdivision (File CUP-04-052) SITE SPECIFIC CONDITIONS (Conditional.Use Permit) 1. Applicant shaIllueet all of the requirelnents of the preliminary :plat as a conditiol1 of the Conditional .Use Permit. 2. A condition of tIle CUP/PD sllall be th.at the a.pplicallt participates ill any road infrastructure agreelnents in the North Meridian Plal1ning Area .negotiated with ACHD al1d s.hall faithfully perfonn tIle terms of suc.h agreeme.nt or agreements. 3. A :minilTIUlU 10-foot setback froIn the Rio Vista Drive rigllt-of-way is required for the existing wall on Lot 1, Block 5. Pri.or to issuance of a Certificate of Zoning COlnpliallce for th.e clubhouse lot, the applical1t shall Ineet with the Meridian Police Chief or l1is designee on site to determine the proper lighting, fence l1eigl1t, gates and surveillal1ce monitoring around. the club.house. SUbluit written approval of said Police .Departmellt approval witll the Certificate of Zoning COlnpliance for tIle clu.bhouse. 4. All developmel1t shall cOlnply with tIle Alnericans with Disabilities Act and the Fair Housing Act, including the COffilTIUn:ity clubllouse. 5. The applicant s.hall provid.e/construct the following alnenities within the subdivisiol1: a. Over 1 0% of the gross area as open. space; al1d b. A COlTI1TIUnity clubllouse with restrooms al1d a swirnlnil1g pool. 6. TIle following d.eviations from the Zoning and Subdivision Ordinance (MCC Title 11 al1d 12) are ap.proved as .part of tllis applicatioll: Mill. Lot Size- City Requirelnent (R-8) 6,500 sq. ft per lot Approved Lot Size 2,850 sq. ft per lot (attaclled units only) Lot Frontage- City Requiretnent 65' Ini11ilnum Approved Minilu.ulTI Frontage 32' Ininiln.ulll Zero .Lot Lines- City Requireluent 1 per lot (lnax.) Approved Standard 2 per lot Hacienda Subdivision - CUP-04-052 - Exhibit E page 1 of2 (. . . 7. All areas bein.g counted toward tIle 10% open space amellity shall be free of 4l;wet ponds" or other SUCll nuisa.nces. All stonnwater detention facilities incorporated into the required ope.n space are subject to MCC 12-13-14 and sllall .be fully vegetated with grass and trees, as depicted on the sublnitted landscape plans. 8. A Certificate of Z011ing Com..pliance lTIUst be obtail1ed for tIle clubhouse al1d SWilTIlning pool prior to ap.plying for .b.uilding permits. 9~ Townllouse Elevations: A .varied color and/or building Inaterial sc.heme is required for the townhome structures witllill tIle subdivisiol1. Applica.nt shall o.btain .written approval from the P&Z Departlnent for said. sclleme Plior to City E.ngineer signature of the final plat Hacienda Subdivision ~ CUP-04-052 ~ Exhibit E page 2 of2 (. .. (c-.n. . EXHIBIT F Annexation and Zoning Findings Hacienda Subdivision (File AZ-04-034) The City COUI1CiI 11ereby ap.proves the following analysis of required findings bv staff: According to Ordinance 11-15-11, Ge.neral Standards Applicable to Zoning Amendments, both the P&Z Commission and Council are required Uto review the particular facts and cirCllmstances of each proposed zoning amendment in terms o.f the following standards and shall find adequate evidence answering the following questions about the proposed zoning amendment. H A. Will the new zoning be harmonious with and in accordance with the Comprehensive Plan and, .if not, has there been an applicatio.n for a Comprehensive Plan amendment; Staff finds that the requested zoning designatiol1, R-8, is ha11TIOnious with and in accordance with th.e 2002 COlnprellensive Plall and Future Land Use Map, which designates the Ian.d to be MediuIU :Oensity ResidentiaL Tllere is a mi.nimum target density of three (3) du/acre in the COlnprehensive Plan and Hacienda's gross density is 4.99 du/acre. The Future Lal1d Use Map SllOWS a potential public park site, regional pathway, and future school site in this section~ A lO-foot wide regional path was recently ap.proved in Saguaro Canyon and Ventana Subdivisions to the south and east Also, Joint School District No. 2 has purchased a 41 acre site in tIle section (two parcels to the south) al1d they are not pursuing allY furt.h.er land acquisitions ill Section 30 at this tilue (according to Wend.ell Bigham, Facilities Director). P&Z Departll1ent staff is not aware of any efforts tIle Meridian Parks & Recreation Department is undel1aking to acquire land witllin tllis sectio.ll for a public park. The Comprehensive Plan COl1tail1S :policies Wllicll encourage developmellt to be phased in accordance witll their cOl1nectiol1 to the sewer systelTI (see policy #8, page 108) and silnilar policies aimed at controllillg growth. The parcel is :planned to be served with the North South Trunk, which is 110t yet constructed to Melidian Road. TIle Public Works Departlnellt has been coordinating with .property OW.fiers to the west and soutl1 o.n the extension and alignment of the trunk line. Parmllount Subdivision is cUITelltly COl1structing the sanitary sewer and will stub to Meridian Road. .Below are some of tIle 2002 CO"lnprehensive Plall policies which generally SUPPOlt the amlexatiol1 request (Staff analysi.s is show.n in italics). The application also lists several otller policies Wl1ich support the annexatiol1: Hacienda Subdivision (AZ-04-034) - Exhibit F - Findings of Fact, Conclusions of La\v & Decision and Order page 1 of5 c.. . ( :...... · "PrOlTIote the design of attractive roadway entryway areas throughout Melidian that will clearly identify tIle community." (Ch~ V, Goal III, Obj. B. #7) Hacienda Sllbdivision is proposing a 35-foot wide landscape buffer lot on Meridian .Road ltllith a substantial amOllnt of new landscaping and hardscaping therein. · "New develoPlnent s.hould not rely 011 cul-de-sacs sil1ce they .provide .poor fire access, walkability and neigl1borhood social life~ New developtne.nt and streets should be designed to encourage walking and bicycling." (ell. VI, Bullet #2, pg. 71) There are no new cul-de-sacs planned within the development. · "Coordinate with irrigatio.n districts to provide multiple use of existillg irrigation easements~" (Ch~ VII, Goal III, Obj. .B, #3) The a,pplicant is proposing a pathway facility adjacent to the North Slough Lateral throllgh the majority of the project~ They are also .proposing to k;eep the facility open as an amenity to the Sllbdivision, which staff supports~ · "Require usable opell space to be inco1]Jorated into new residential subdivision plats." (Ch. VII, Goal IV, Obj. C, #3) B6 Is the area included in the zo.ning amendment intended to be rezoned in the future; Staff does ll0t anticipate tllat the applicant intends to rezone the subject property in the future~ Tllis is 011ly the fourtll urban-scale development and. annexation application in Section 30, T4N, Rl E~ U.POll extension of tIle NOlih Slough Trunk into this square tuile, additional reZOlle requests are anticipated. 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 res.idential area turning into a commercial area by means of conditional use permits; Staff fillds th.at the pro.posed single faln.ily residential subdivision would be allowed within the requested zoning district of R-8, with a Planned Develo:plnel1t to allow the redu.ced frontages, reduced lot sizes and zero lot lil1es. D. Has there been a change in the area or adjacent areas which may dictate that the area s.hould be rezoned. For example, have the streets been lvidened, new railroad access been developed or planned or adjacent area being developed Hacienda Subdivision (AZ-04-034) - Exh.ibit F - Findings of Fact Conclus.ions of Law & Decision and Order page 2 Of 5 (. .. t. \~-:-~~ in a fashion similar to the .proposed rezone area; Staff finds that the lan.d to the east and south has beell recently allnexed and approved for single-faluily residential lots itl Saguaro Canyon and Ventana Subdivisions. Saguaro Canyon has a gross density of 3.29 d.u./acre. ParalTIOunt Subdivision was annexed. .in 2003 and. land immediately west of Vent ana is zoned for professional office and sil1g1e falnily uses. Larkwood Subdivision east of Saguaro ]las lot sizes tllat rull approximately 2 acres eac.h. The proposed density--4.99 d.u./acre gross-is 11igher than botll Saguaro Canyon and Ventana yet is within the allowable 3-8 units per acre targeted by tIle COlnprellensive Plan. Th.us staff fillds that sun.ounding developluents are mixed densities-either tIle saIne or less, but the proposed del1sity is within the anticipated range for a Inedium density project. ACHD has also reviewed the adjacent street capacity and has approved the proposed subdivisioll (witll COllditions). Meridian Road (betweell Chindel1 and McMillan) is n.ot programlned within ACHD's .Five Year Work Program. McMilla11 Road is in ACHD's Capital Ilnprovement ProgralTI and is anticipated to .be reconstructed in 2018. Tlle property is designed to sewer il1tO a POrtiOll of tIle North Slough Trunk t11at is not yet constructed. E. Will the proposed uses be designed, constructed, operated and maintained to be har.monious and appropriate in appearance with the existing or intend.ed character of the general vicinity and that such use will not change the essential character of the same area; Staff finds that the proposed sil1g1e faluily residential use will change the existil1g rural character of tIle subject .property. Tllere is an estate-type property soutI1 of Hacienda Subdivisio.n~ However, accordi.ng to public testimollY issued at tIle Velltana Subdivision City Council hearings, the owner is ex.pected to redevelop in tIle near future. Tile illtended cllaracter of the vicinity is a Inix of .urban and s.ub.urbal1 scale developlnel1ts on a generally gridded street system with a focus on single faluily and lTIulti-family housing at 3 to 8 d.u./acre. The proposed use is cOlnpatible with the Future Land Use Map. Tile design and del1sity confonns to lllost of the COlnprehensive Plan policies~ F. Will the proposed uses not be hazardous or disturbing to existing or future neighboring uses; TIle COffiluission and Cou,ncil sllould rely on public testimony (oral atld written) to determil1e wh.etl1er or .not the proposed uses will be disturbing or l1azardo.us to the existing or future neigllbori.ng uses. Staff does not anticipate tllat tIle proposed resident.ial .uses will be l1azardous. However~ staff fillds tllat tIle new residen.ces Inay be disruptive to existing agl; cuI tural .practices to the no:rtll~ It sllould .be 11oted, .however, that the .Hacienda Subdivision (AZ-04-034) - Exhibit F ~ Findings of Fact, Conclusions of Law & Decision and Order page 3 of5 ( (:. .. . . COlnmission and CO.UllCil made this finding in the affinnative dun.ng the Saguaro Canyon al1d Ventana Subdivision l1earings for the saIne .rural p:ropert.ies~ G. Will the area be served adequately by essential pub.lic facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, se\ver or that the person responsible for the establishment of proposed zoning amendment shall be able to provide adequately any of such services; Staff finds that the pro.perty to be annexed will or can .be served adequately by lTIOst essential public facilities and services if all conditions of ap.proval are Inet by the applicant Tlle a:pplicant sllall be required to extend sanitary sewer and water mains to and through tIle proposed d.evelopment, thereby making tllelTI availa.ble to tIle adjacent .properties. TIle applicant and/or future .property OWllers will be required to pay.parl( and highway ilnpact fees as well as construct on-site stonnwater drainage facilities. Please review ACHD, Police and tIle Fire De.partInent's comlnents concemillg this su.bdivision for further infonnation regarding public services and. facilities. .R. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; Staff finds that there will not be excessive additiol1al requirelnellts at public cost for public services and facilities, if the applicant cOlnplies with tIle COl1ditions of approval for tIle accompanyil1g conditional use .pe11nit and preliluinary plat applicati ons. I. Will the proposed uses not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; Staff recognizes tl1at traffic and noise will increase significantly upon. build-out of the proposed su.bdivisioll. TIle COlnnlissio.n and COUI1Cil sllould refer to the ACHD staff report for s.pecific d.etails on traffic im.pacts. The traffic ellgi.neer for Ventana Su.bdivisiol1 detennined that, eve.n at project build-out in 2009, Meridian Road will function at an LOS C or better. Staff does n.ot feel that tIle alTIOunt generated will be d.etrilne.ntal to the public welfare if all City and ACHD conditions of approval are Inet. Staff finds that the proposed subdivision will not involve uses tllat would create other nuisallces tllat would be detriluental to tIle general welfare of the su.rroul1ding area~ Hacienda Subdivision (AZ-04-034) ~ .Exll.ibit F - Findings of Fact, Conclusions of Law & Decision and Order page 4 oE5 ( . (.'.... . J. Will the area have vehicular approaches to the property \vhich shall be so designed as not to create an interference with traffic on sur.rounding public streets; Staff finds that the subdivision's two ve11icular approaches off of Meridian Road are aligned witll existing property lines on the west side of Meridian Road and comply with the turn lane and intersection control co.nditions iUlposed by ACHD. TIle other proposed roadways will need to be improved in compliance with ACHD requirelnel1ts in order to alleviate interferel1ce witll the existing an.d proposed intersections. We do find t11at, as proposed, the Rio Colinas Street stub to the east is shown as a 32-foot wide street section. The standard public street section is 36 feet. U:pon future redeveloplnellt of the .parcel in Blythe Estates Subdivision (to east), this four (4) foot discrepancy may create an interference w.itll future traffic. Staff is recomme.11ding this street be designed to a standard 36- foot section ill this area. The COlll1uission and Council should review ACHD COlnments cOl1cemil1g vel1ieular approaches al1d. traffic generatio.n. The ACHD Comlnissio:n 11as ap.proved the Hacienda Subdivisiol1 preliminary plat application. K. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and Staff finds that 110 l1atural or scenic features of luajor ilnportance will be lost or damaged by approving the annexat.ion al1d re-ZQtle. The North Slough does .bisect tIle .propetiy alld is .proposed to be piped underground for S110rt segments tluoug11 the project. However, this facility is 110t considered to be a feature of "major ilnportal1ce" for tile COffitTIunity. Any existil1g trees larger than 4" caliper tl1at are relTIoved shall be Initigated for~ per tIle Landsca.pe Ordinance. L. Is the .proposed zoning amendment in the best interest of the City of Mer.idian. (Ord. 592, 11-17-1992)? Staff finds that sewer, water, irrigation, solid waste, library, fire and street services are available to the site. Existing elelnentary school capacity remains an ilnportal1t b.ut Ul1detennined factor for this subdivision. The sellooI district has stated in the .past (for other N.ortll Meridian developments) that additional studel1ts will ful1her cOlnpound. the current overcrowded situatiol1 and residents cannot be assured of attending tIle 11eigllborhood schooL Botl1 Havasu Creek and Paralllount Subdivision .have been approved for new elelnelltary schools, altllo.ugll neither of tllese sites has a COl1struction date at tIllS time. Long-range planning in the North Meridian area .has bee.u underway since 2001. This area is a part of the North Meridian Area Plan. The proposed use and density generally conlply with this plan. Staff finds that the annexation of this property is largely in the best interest of the City. Hacienda Subdivision (AZ-04-034) - Exhibit F - Findings of Fact, Conclusions of Law & .Decision and Order page 5 Of 5 (... .. (" EXHIBIT G Preliminary Plat .Findings Hacienda Subdivision (File PP-04-043) TIle City Cou.ncil hereby ~pproves the following analysis of required findings by staff: Sections 12-3-3 J.2 and 12-3-5 0 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; Staff fillds the subdivision to be in substantial confollnal1ce with the COlnprellensive P]al1, as noted in Find.ing "A" ul1der the Hacienda A11l1exation and Zoning application. b. The availability of public services to accommodate the proposed development; As noted .und.er Findings G and L of tIle Hacien.da Annexatio.n and Zoning application, staff fi.nds tl1at all public services are available to acco.lnlTIodate the proposed develop.ment c. The continuity of the proposed development with the capital improvement program; The proposed subdivision would not create allY lTIOre additional requirelnents or delnal1ds to the City tlla.n otller standard residential uses. The Public Works Departlnent CIP includ.es the North Slough Trunk extensi011, whicl1 this pro.perty will drain to. The developer will need to const.ruct off-site sewer and water improvelne.nts in N. Meridian Road, in accordance witl1 tIle Master Facility Plal1. d. The public financial capability of supporting services for the proposed development; Staff finds that tIle d.evelopluellt will require public expenditures for extending tIle Nortll Slough Trunk. Specifically, the Public Works must ellter into a contract Wit}l a private firm to acquire easements, design and COl1struct the line. The fundillg for this extensio.n is budgeted in tIle FY04 budget, with a .prelilnil1ary Hacienda Subdivision (PP-04-043) - Exhibit G ~ Findings of Fact, Conclusions of Law & Decision and Order page 1 of2 <. ( estimated schedule of construction completion .by JUlle 2005. e. Th.e other health, safety or environmental proble.ms that may be brought to the Commission's attention. Other than previously noted, staff does not find. any other health, safety or envirOlunental problems associated witll tllis subdivision that need to be brought to tIle Councilor COlTIlnission ' s attention. Hacienda Subdiv.ision (PP-04-043) - Exhibit G - Findings of Fact, Conclusions of Law & Decision and Order page 2 of2 t.. (~n'.. EXHIBIT H Conditional Use Permit Findings Hacienda Subdivision (File CUP-04-052) The City COU11Cil hereby approves the following analysis of required findings by staff: The Commission and COllncil shall review the .par/fell/ar facts and circumstances of each proposed conditionalllse in terms of the following and may approve a conditional Lise .permit if they shall find evidence presented at the hearing(s) is adequate to establish (1 J- 17-3): A. That the site is large enough to accom.modate the proposed use and all yards, open spaces, parking landscaping and other features as may be required by this ordinance; Staff finds that the subject property is large enougll to accomlnodate tIle requested use and all other required features as noted above. B. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance \vith the requirements of this Ordinance; See Finding "A" u.nder the Armexation and Zoning application~ 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 FindiIlgs "D" and "E" .under the Anl1exat.ion and Zoning applicatio.n. D. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; See Finding "F" .under the Annexation and Zo.ning a.pplication. E. That the proposed use \vilI be served adequately by essential public facilities and services such as highways, street, police, and fire protection, drainage structures, refuse disposal, ,vater, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services; See Finditlg "GH .un.der the Annexation and Zoning application~ F. That the proposed use lvilI not create excessive additional requirements at H:acienda Subdivision (CUP-04-052) - Exhibit H - Findings of Fact, Conclusions of Law & Decision and Order page 1 of2 ( (" public cost for public facilities and services and ,viII not be detrimental to the economic welfare of the community; See Findi.ng "H" under the Annexation and Zoning application and Finding "D" un.der the Prelilninary Plat application. 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 Finding "I" under th.e Annexation and Zo.ning ap:plication. 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 Findings "I" and "J" under the AlU1exatiol1 and ZOlling application~ I. That the proposed use ,viII not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. See Finding "K" ull.def the Al1l1exation and Zoning application. Hacienda Subdivision (CUP-04-052) - Exhibit H - Findings of Fact, Conclusions of Law & Decision and Order page 2 of2 (, ('" March 11, 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT Jaya Construction CUP 04-052 March 151 2005 ITEM NO. 5-H REQUEST Findings for Approval- Request for a Conditional Use Permit for a Planned Dev.. for a residential subdivision in a proposed R-.8 zone for Hacienda Subdivision - 6000 North Meridian 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: SANJT ARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SEfTlERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTH ER: Contacted: -5 L~ ~ Date: 3 / 1'-1/ Ob Phone: Emailed: 5lt1.(J()...}(1 pp) l. o..nct~ Q..~L\-\c{ . S- l+et St~ff Initials: /J'( Materials presented at public meetings shall become property of the City of Meridian. See attached Findings ( ~.. (... . FINDINGS OF FACT CONCLUSIONS OF LA"l.~~"III~IIII.~il\~Ji:t In ~e~atter ofa request~r~nnexation and ~oningof19.63 acres ~~~~. AND Preliminary Plat approval of ninety-six (96) single-family residential and twenty-eight (28) common lots on 19.63 acres in a proposed R-8 zone AND Conditional Use Permit approval for a :Planned Development for a Residential Subdivision with Reduced Lot Frontages, .Reduced Lot Sizes, and Zero Lot Lines, including Clubhouse and Swimming Pool for Hacienda Subdivision, by Doug Jayo. Case No(s): AZ-04-034, .PP-04-043, CUP-04-052 For the City Council Hearing Date(s) of: February 15 and MarcIl 1, 2005 A~ Findings of Fact 1. Hearing Facts a. A notice of a public l1earillg was :published for two (2) consecutive weeks :prior to tile City Council public hearing, the first publication appearing and writtel1 notice .lnailed to pro.perty oW.ners or :purchasers of record within three hundred feet (300') of tIle external boundaries of the property. Tlle notice of public l1earing before tIle City Cou.ncil was posted U:POl1 tIle property under COl1sideratio.n more than Olle week before said l1earing. All ot11er noticing was done COl1sistent witll Idaho Code ~67- 6509~ TIle Inatter was duly considered by tIle City Council at tIle February 15,2005 al1d continued to the March 1,2005, public hearing(s). TIle ap.pl:icant, affected .property owners, and gove1111nent subdivisions providing services witllin the planning jurisdictio.n of the City of Meridian were given full opportunity to express COlTIlnents and su.blnit evidence. b~ Written and oral testilTIOny was received on this Inatter, as reflected in tIle records of tIle City Clerk (for written. testirllony) and in the officiallneetil1g minutes (for oral testimony). c~ TIle Planning and Zonil1g COlTIlnission conducted a p.ublic hearing and issued a written. recoffilnendation on the subject luatter to the City CounciL d. TIle City Council l1eard and took oral and written testitno.ny and duly considered the evidence and the record ill this Inatter~ 2. Process Facts CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISI.ON & ORDER CASE NO(S), AZ-04-034, PP-04-043, cur-04-052 - .PAGE 1 Of 5 (. l"~.. \.~.:..... . a. There has been co.mpliance with all notice and hearing requirelnents set forth in Idallo Code S67 -6509, 6512~ and Meridian City Code ~ S 11-15-5 alld 11 Ro I 7 -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 tIle staff report and the Planning & Zo.n.ing Recommendati.ol1 for the subject application(s), it is here.by verified that tIle property owner(s) of record at tIle tilne of issuance of these findil1gs is Mic.hael Adkins (sale .pending to Doug J ayo). 4. Required Findil1gs .per Zoning and Subdivisio.n Ordinance a. See Exhibit F (Annexation al1d Zoning), Exllibit G (Prelilninary Plat) and Exhibit H (Conditional Use :Permit) for the findings required for this application~ B.. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upo.n 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 Co.uncil ta.kes judicial notice of its Zoning, Subdivisiol1 and Developluent Ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning Inaps thereot: The City of Meridian 11as, by ordinance, establisl1ed tIle Impact Area and the Amended Comprellensive Plan of the City of Meridian, whicl1 was adopted August 6,2002, Resolution No~ 02-382 and Maps. 3. The conditions shall be reviewable by the City Council purSUatlt to Meridian City Code 9 11-17-9. 4. Due consideratiol1 has been given to tIle cOlnment(s) received fro:ln the govel11111ental subdivisions providillg services in tIle City of Meridian :planl1il1g jurisdiction. 5. It is found public facilities and services req.uired by the proposed developtuent will 110t i.lnpose expellse upon tIle public if tIle attached conditiol1S of approval are ilnposed. 6. That the City has granted an order of ap.proval ill accordance witl1 tllis Decisioll, which shall be signed .by th.e Mayor and City Clerk and tllen a copy served .by the Clerk u.pon the ap.plicant, the Planning and Zoning Departlnent, the Public Works Departlnent and any affected party requesting notice. 7. Tl1at tl1is approval is subject to the Legal Descri:ption in. Exllibit A, th.e Preliminary Plat in Exhibit B, and. the COllditions of A:pproval in Exhibit C, D and E. TIle conditiol1S are concluded to be reasonable and the applicant shall meet s.uch requirelnents as a condition of approval of the a.pplication. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & O.RDER CASE NO(S). AZ-04-034, PP-04-043, CUP-04-052 - PAGE 2 Of 5 ( (..... \. c. Decision and Order Pursuant to tIle City Council's authority as .provided in Meridian City Code S 12- 3 - 5 and .based .UpOl1 tIle above and foregoing Filldings of Fact whicl1 are herein adopted, it is hereby ordered that: 1. The applicant's Preliluinary Plat as evidenced by having submitted the Prelitninary Plat dated .February 17, 2005 (revisiol1 #4)) .is l1ereby conditionally approved; and 2~ The applicant's Conditional Use Pe.rmit/Planned Unit Developlnent Site Plan as evidenced .by having sublnitted the Site Plan dated February 17, 2005 (revision #4) .is hereby conditionally approved; and 2. The con.ditions of approval are as sllown i.n Exhibits C, D al1d E. D. Notice of Applica.ble Time .Litnits (as applica.ble) 1. Notice of Twelve (12) Mo.nth Prelitninary Plat Duration Please take notice that after tIle date of approval of the preliminary plat, tIle owner or develo.per shall .have one year within which to file the req.uest for approval of the fillal plat After approval of final plat, tIle QW.ner or developer sIlal] have one year to begin construction. of the pu.blic utilities and one year thereafter to complete co.nstructiol1 of those p.ublic facilities. (MCC 12-2~4.B & C.) 2. Notice of Eig.hteen (18) Month Con.ditional Use PerInit Duratio.n P:lease take 110tice that the conditional use .pennit shall be valid for a Inaximum period of eighteen (18) lTIonths unless otherwise approved by the council. .DUril1g tllis titne, the pennit holder Inust COlnmence tIle use as pennitted in accordance with the conditiol1S of approval, satisfy the requ.irelnellts set forth in the conditions of approval, acquire .building .pennits and C01TIlne.nce construction ofpe11nanent footings or sttuctures on or ill the ground. In this context "structures" s11alI include sewer and water lines, streets or building constructiol1. The applicant has specified in tIle application and to the COlTIIUission alld council a construction schedule and cO.1upletion date for the project. If tIle completion date specified for the project is exceeded, tIle COl1ditional use application shall becolne null and. void. However, the applicant may sublnit an application for a tilTI.e extension o.n the :project for city council review.. TIle application for time extension shall be subtnitted at least thirty (30) days .prior to tIle deadline for cOlupletion of th.e project For projects requiring .platti.ng, the final plat Inust be recorded within this eighteen (18) month .period. For projects with .multiple pllases, tIle eighteen (18) lTIonth deadline shall apply to the first phase. In tIle event that the development is Iuade ill successive COl1tiguo.us segtnents or tuultiple pllases, sue]} pllases shall be constructed within successive intervals of OIle year froIn the original date of approval by the co.unciL If tIle successive pllases are not sublnitted within one year il1tervals, the conditional approval of the future phases shall be .null al1d void4 CITY OF MERIDIAN FINDINGS OF FACT~ CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-04-034~ PP-04-043, CUP-04-052 - PAGE 3 Of 5 ( (~:-:'... . (.MCC 11-17-4~B.) E. Notice afFinal Actio11 alld Right to Regulatory Takillgs Analysis 1. The Applicant is l1ereby notified tllat pursuant to Idaho Code 67-8003, tIle Owner may request a regulatory ta.king analysis. Suc:h request must be in writing, and lnust be filed with the City Clerk 110t more thall twenty-eight (28) days after the final decision concerning the lnatter at issue. A request for a regulatory takings al1alysis will toll t]le time peliod witllin which a Petition for Judicial Review Inay.be filed. 2. Please take notice that this 1s a final action of the govenling body of the City of Meridian, pursuant to Idah.o Code S 67-6521 an affected person being a person wh.o llas an interest in real pro.pe.t1y whicl11uay be adversely affected by the issuance or dellial of the conditional .use pel1nit appro.vallnay within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idal10 Code. F. Exl1ibits Exhibit A: Legal Description Exhibit B: Approved .Preliminary Plat Exhibit C: Annexation and Zoning COffilnents Exllibit D: Preli.lnil1ary Plat COllditions of Ap.provaI Ex.hibit E: Conditional Use Pennit Co.nditiollS of Approval Exhibit F: Annexatio.n & Zoning Findings Exhibit G: .Preliminary Plat Findil1gs .Exllibit H: COl1ditional Use Pennit ~Fi.ndings By action of tIle City Council at its regular tneeting held on the /lld/l aA-/ ,2005. I S-f'6- day of COUNCIL MEMBER SHAUN WARDLE VOTED COUNCIL MEM.BER CHRISTIN.E DONNELL VOTED COUNCIL MEMBER CHARLIE ROUNTREE VOTE.D CO.UNCIL MEMBER KEITH .BIRD VOT.ED CITY OF MERIDIAN FINDlNGS OF FACT~ CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-04-034, PP-04-043, CUP-04-052 - PAGE 4 Of 5 ( f.:~~~~... . /... .. \. .. MAYOR TAMMY de WE:ERD (TIE BREAKER) ~ VOTED Attest: and City Attorney. ( ...,. -*~ Dated: 3- \ ~ ' ()C) B y: "_~-'.. City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIO.NS OF LAW AND DECISION & ORDER CASE NOeS). AZ-04-034~ PP-04-043, CUP-04-052 - PAGE 5 Of 5 (.-. . .(".'.... . ~<,~ EXHIBIT A Hacienda Subdivision AZ-04-034 Legal Description Annexation Boundary Description For Jayo Company A parcel for annexation purposes located in Government lots 1 and 2 in the NW ~ of Section 30t TO'-Vtlship 4 North, Range 1 East Boise Meridian. Ada County~ IdahoJ more particuJarJy described as follows: Commencing at a brass cap monument marking the southwest corner of said NW ~ (~ comer) ~ from which a 5/B inch diamete r iron pI n marking the northwest corner of said Government Lot 2 bears N OQ02.031~ W a distance of 1330J58 feet; Thence N O~02"031' 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 OQ02~D3~ W a distance of 534.44 feet to a 5/8 inch diameter iron pin ~ Thence continuing a.long said westerly boundary N Ob01~30tl W a distance of 261.12 feet to a point: Thence leaving said westerly boundary N 89440'43~' E a distance of 11 00.65 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 89b39t20j~ 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. Cjinton W~ Hanscn~ PLS La lId sorutionst PC November 8~ 2004 \ \y~ t n L ?X~\V\ U t\ pua\.\G t'l~E.tnO\~s oE.P1. \tIQR'~ f. . \ . f....~.:.:~.~., ~ \..... . EXHIBIT B Hacienda Subdivision (PP-04-043, CUP-04-052) Approved Preliminary .Plat/Site Plan ~ f-l' : ::-~. ,. ........._.... .-....-. .... ,.< J f j .~ ~.....":- ~. -E- ~ ::-::~.: ! f; 4-, ./_. ~. .-..I,rL,"" ,.~~.u.,~~,~.~<,.. .j.~'~~.' ~.j~".n~~..f. "t t'". -'-F/./; l1<-&- ~-~~ , ~~ t~/" l' ^= ~ ;"~,..~t ;, :::1 ' I. ,..",.,+.-"r..<^_)r~_~~Tff1. j JJ "F.:.$i ~ <' .. :',~,., .;'<'~.~~ ~ jJ H ~t 'S ,~:-' l ( '~<~."-'~ : i . d ,.- ~ · .t t .*'~ ~ ~ ~ ~ I i!! ~!: l' Jit 1 ~\ f · ~!11 ~ :t..i I i'1 ~ .q~ft. 1 <" ~ l ,~ !j ~ J . 1 JI:U..J{ . f ~. "~ '.. J, .~ ~ ~ . ~ 9" it ~ ".. ~. : .. I . __.. . . ~ .".. ..'<' :.f' <jj~..~~~~t ..<'\ .'. .,... · J [ 1~ ,~, I ...... ....~~.~ . ..~(: -:~{ ::t-.:;. :.. ::"11 ; ~:;:: ":! f~~ \..: (~:'n... . EXHIBIT C Annexation and Zoning Application Hacienda Subdivision AZ-04-034 ANNEXATION AND ZONING COMMENTS 1. The legal description submitted with the application (stamped by Clinton .W. Hansell 011 11- 08-04) appears to meet tIle requirelnents of tIle City of Melidian and State Tax COlTI1Uission and places the parcel contiguous to existing city lilnits. 2. Any existing domestic wells al1d/or septic systelTIS within this :project will have to be relTIoved froIn their dOlnestic service, .per City Ordinance Section 5-7 -517, when services are available froin the City of Meridian. Wells may be used for non-domestic purposes SUCll as landscape in-igation. 3" All irrigation ditclles, laterals or canals, exclusive of natural waterways, intersecting, crossillg or lying adjacent and. contiguous to the .parcel shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appro.priate irri.gation/drainage district, or lateral users association (ditcll owners), with written approval or non-ap.proval sublnitted to the Public Works Departtnent If lateral users association approval cal1't be obtained, plans will be reviewed and approved. by tIle Meridian. City :Engineer prior to fillaI plat signature. 4. Any future subdivisiol1, planned develo.pment, uses and constru.ctioll shall co:mply witll the City of Mer.idian ordinances in effect at the tilne. (,... . .f.<<". . . t ~~. .:.. : EXHIBIT D Conditions of Approval Preliminary Plat Hacienda Subdi.vision (File PP-04-043) SIT:E SPECIFIC CONDITIONS-PRE:LIMINARY PLAT 1. Sanitary sewer service to this site s11al1 be via Inain line extensions frolD the NOli]} Slougll Trunk that is currently in the design. stage by the City of Meridian. The applicant will be responsible for constructing the lateral sewer and water luains to and thro.ugll tllis proposed develop.lnent, there.by mal<ing thelll. available to adjacent properties. The subdivisiol1 designer is respo.nsible for coordinat.ing Inain sizing and routing wit11 the Public Works Departtnent. This develo.p.1uent shall be subject to lateco.mer fees, to reimburse those responsible for bringing sanitary sewer service to the area, w.hen and if the Latecolners Fee Agreelne.nt is estab.lislled. Latecomer's fees s11a11 be due and payable prior to signature on the fillaI plat for each pl1ase~ This proposed developtnent is currently not serviceable .by tIle City of Meridian's sanitary sewer system. Proceedil1g tl1fough tIle approval process is strictly tIle risk of the applicant. TIle City of Meridian does not guaral1tee sewer service within tIle developlnent time frames outlined in Meridian City Ordinal1ce. 2. Water service to tllis site shall be via a 16-inch lTI.ain line extension frDIn a Inail1 CU1Tently being designed by the City of Meridial1~ TIle City's .project will extel1d water service U.P N. Meridian Road to McMiIlan~ The applicant will be respol1sible for constructing the 16-inch dialneter water :lnains to the mid-section line, al1d a 12-il1Cll Inain to tIle .no.lih boundary line extended in Meridian Road. All other Inains througll this proposed developlnent shall .be 8-inch dialneter. The subdivision desigtler is respol1sible for coordil1ating main sizil1g al1d routillg with the .Public Works DepartInent. This developlnent shall be subject to latecolner fees, to reimburse tllose responsible for bringillg water service to tIle area, when and if tIle Latecomers Fee Agreelnent is established. Lateeo.mer's fees shall be due and payable prior to signature on the fillal plat for each. phase. 3. TIle applicant has not indicated WI10 will own and luaintain the pressurized irrigatio11 systelTI within this developlnent. If tIle systeln remaills private, plans and specifications shall be reviewed by tIle Public Works DepartInent as .part of the developluellt plan review process~ A draft copy of the pressurized irrigation systelu O&M luanuaI lTIUst be submitted prior to :plan approval, and tIle applicant shall be subject to inigation plan review fees~ Underground year-roun.d pressurized irrigation must be .provided to all lots within this. developlnent. The City of .Meridian requires tllat pressurized inigation systelns be supplied by a year-round. source of water~ Applicant shall be required to utilize any existi.ng surface or well water for the primary source. If a surface or well source is not available, a single-point cOl111ection to the culinary water systelTI 811al1 be I-Iacienda Subdivision ~ PP-04-043 - Exhibit D page 1 of6 ( .. "" ... f/.~. \. required~ If a single-poillt co.nnection is utilized, the developer shall be respo.nsible for the payment of assessments for the COl11IDOn areas prior to signature on the final plat by the Meridian City Engineer~ 4. If the request is approved by the irrigation district, for all unp:iped (open) sections of tIle North. Slough Lateral, slopes sllall .not be steeper tllan 4: 1. A "typical" detail of tIle cross- section of these sections shall be submitted to the P&Z Depa111nent for approval with the final plat landsca.pe plan~ TIle City Council suppol1s the applicant's intention to 110t pipe the NOlth Slough Lateral. 5. .Prior to City Council approval of the final plat, the ap.plicant shall sublnit a written statelnent from Settlers Irrigation District (SID) to the P&Z De.partlnent clarifyillg the required easement width for the North Slougl1 drail1. Applicant sha111neet tIle conditions of SID. 6. The plat shall show :Rio Colillas Street as a 36-foot street section. 7. Graphically depict COlIDnOll driveway locations for the townho.use lots in Blocks 6 and 7. 8~ The cOl1ceptual landscape plan submitted witll the prelilnillary plat (Slleets PPL-C and PP.L-I, dated 11/03/04 by The Land Group) is approved witll the following cllanges: a. Revise Sheet PPL-I to Sl10W the lal1dscape islal1d in Rio Colil1as. b. Revise Sheet PPL-l to relllove tIle fel1ce currently shown encroac.hing 011 Lot 18, Block 4. c. No trees will be allowed within sanitary sewer or irrigation easements, except as approved through a separate License Agreelnel1t" Relocate allY trees show witllin easelnents to otller locations within the developluent. d~ The applicant shall attelnpt to obtain a Licel1se Agreement witll SID to plal1t trees within the North Slough Lateral ease.ment for Lot 20, .Block 6, Lot 1, Block 5, Lots 1 and 12, Block 4 and Lot 1, Block 3. If uns.uccessful, the applicant shall luitigate for the required nUlTI.ber of trees witl1ill tllese conunon areas (1 :8,000 sq. ft.) within the subdivision. At a luinimu.m, non-invasive root shrubs s11al1 be .provided witl1ill these areas, as pennitted by SID. 9. Ullless otherwise waived by the City Council, all irrigatio.n ditches, laterals or canals intersecting, crossing or lying adjacent and contiguous to tIle parcel s.hall be tiled per :MCC 12-4-13. :Plans will :need to be approved by Settlers Irrigation District, or lateral. users association (ditcll owners), witll written. approval or non-approval subln.itted to tIle Public Works Departlnellt If lateral .users associatiol1 approval can't be o.btained, plal1s will be reviewed and approved by the Meridian City Engineer prior to final plat signature~ Meridian City Code 12-4-13-B requires that tiled ditches l1ave a slo.ped bar-grated ill1et structure and access/cleal1out boxes at a luaxilTIUln of four .hundred foot (400') spacing and at all angle pOillts of tIle pipeline. The applicant shall address tIle access to eacll of these required structures, as SOlne will fall within the bacl( yard of several lots. Hacienda Subdivision - PP-04-043 - Exhibit D page 2 of6 (. (.~... 10. Applicant shall construct a minimum 5-foot wide, detached sidewalk along the entire subdivision frontage of Meridian Road and adjacent to the designated collector roadways. Coordinate sidewalk location with ACHD. 11. All areas being counted toward tIle 1 0% open space aln.enity sllaII be free of "wet ponds" or other SUCll11uisan.ces.. All stonnwater detention facilities incorporated into the required open space are subject to MCC 12-.13-14 and shall be fully vegetated with grass and trees, as depicted on the sublnitted landscape plal1s. AllY ACHD-required access driveways to serve stonnwater areas that are located. within req.uired open space lots sllall be ShOWll on tIle detailed landscape plalls with eac]l final.plat. 12. Applicant shall construct 6-foot vinyl, perimeter fencing, u.nless otl1erwise approved by the Zoning Adlnil1istrator. STANDARD PRELIMINARY PLAT CONDITIONS 1. Please SUbluit a copy of the Ada County Street N.alue COlnmittee's approval letter for the subdivision l1alne, and tile lot and block nUlnberil1g. Make any COITections necessary to confonn. 2. Coordinate fire .hydral1t placement with the City of Meridian Public Works Departlnen.t 3. A letter of credit or cas]l surety in the alTIOunt of 11 0% will .be required for all fencillg, Iandscapi11g, play equip.ment, pressurized irrigatio:n, sal1itary sewer, water, etc., .prior to sigtlature on the final plat 4~ All Inicropaths witl1in the pro.posed subdivisiol1 shall be designed in accordal1ce with MCC 12-1.3-15 "Micro:patll Landscapil1g". 5. A detailed landscape plall, in cOln.pliance Witll the landscape ordinance s11all be submitted for tIle subdivision with the final plat application, the landscape plan sllall include tIle locatiol1 and design of any proposed .playground equiplnent 6. Sidewalks witllin the proposed subdivision shall be built in accordance with MCC12-13- 1 0-8. 7. 250 and 1 aD-watt, :hig11-pressure sodiuID streetlights will be required at Iocatiol1S designated by the Public Worlcs Departlnent All streetlights shall be installed. at subdividerfs expense. Typical locations are at street il1tersections al1d/or fire hydrants. Final design locations and quantity are dete11nined after power designs are cOlnpleted .by Idal10 Power COlnpany. The street light co.ntractor shall obtain design al1d .pennit from the Public Warks .Department .prior comlnencing installations. 8. Please sublnit up to date groundwater/soils lTIOllitoring data to tIle Public Works Department for review" Any drainage areas (detel1tionlretention basins) Inust be d.esiglled Hacienda Subdivision - PP-04-043 - Exhibit D page 3 of6 ..r..:~ ... . {~.. . \~ . to ensure that water will percolate within a period of ti.me not to exceed 24 hours for all stonns up to and including a 1 DO-year storm event. Side slopes within drainage areas shall not exceed 3: 1. 9. Any tree over 4" in caliper tllat is removed froIn the property shall be replaced by installing additional trees, being the equivalent n.uluber of caliper inches of trees that were removed. Required landscaping trees will not be considered as replace.ment trees for those trees that have to be re.ffioved. 1 O~ Develo.per shall coordil1ate mailbox locations with. the Meridian Post Office. 11. Any existing domestic wells and/or septic systelTIS within this project will have to be relnoved fro1n their d.omestic service per City Ordinallce Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 12. Compaction test results lnust .be SUbl11itted to tIle Meridian Building Departlnent for all building pads receiving engineered backfill, wllere footil1g would sit atop fiIllnaterial. 13. Ap.plicant's engineer will be required to submit a signed, stalnped stateluent certifying that all street finisl1 cellterline elevations are set a luinilnUlTI of three feet above the .highest established 110rmal groundwater elevation. FIRE DEPARTMENT CONDITIONS 1. TIle existing residence (future clu.b11ouse) shall be brougl1t up to "Asselnbly" occupancy and cOIn.ply with tIle IFC. 2. No parkitlg is allowed within any of the "1(11uckle" areas of tIle plat. 3. All roofing materials on the attached dwelling Uluts sIlaIl be a non-colub.ustible InateriaL 4. One and two fmuily dwellings will req.uire a fire-flow of 1 ,000 gallons per m:inute available for duration of 2 hours to service the el1tire project. Fire l1ydral1ts sllall be placed an. average of 400' apalt. Inten1ational Fire Code Appelldix D 5. AcceptaJ.lce of the water sup.ply for fire .protection will be by the Me.ridian Water Departlnent. 6~ Final Approval of tIle fire hydrant locations shall be by the Meridian Fire Department a. Fire Hydrants sllall11ave the 4 Y2" outlet face tIle lnain street or .parking lot aisle. b. TIle Fire hydrant s11al1 not face a street whicl1 does not l1ave addresses on it c. Fire :hydrant Inarkers shall be provided per Pu.blic Works spec. d. Locations witl1 fire hydrants s11allllave the curb painted red 1 0' to each side of the hydrant locatio.ll. e. Fire Hydrants shall be placed on corners. f. Fire l1ydrants shall not .have any vertical obstructiol1S to outlets witllin 10'. I-Iacienda Subdivision - PP-04-043 ~ Exhi.bit D page 4 of6 (,...... . f/-:-~~.""~ ... \ . 7. TIle phasing plan may require that any roadway greater tllan 150' in length that is not provided with an outlet shall be required to l1ave an approved turn around. 8. All el1trance and internal roads sllalI have a turning radius 0[28' inside and 48' outside radius. 9. Insure that all yet undeveloped parcels are maintailled free of com.bustible vegetation. 10.. Operatio.nal fire l1ydrants and telnporary or permanent street signs are required .before combustible construction begins. 11. To increase emergency access to the site a minimuln of two points of access will be required for any portion of tIle .project, which serves Inore thaJ.l 50 hOlnes. The ap.plicant shall provide a stub street to the property to the (westleast/nort"lllsouth). The two entrallces sllal1 be separated .by no less than Yt the diago.nallneasurelnent of tIle :project. 12. :Suild:ing setbacks shall be per the .Buildil1g Code for o:n.e and two story construction. 13. The roadways s.hal1 be built to Ada County Higl1way Standards and shall have a clear driving surface, available at all tilnes, which is 20' wid.e. Streets with less than a 29' street width shall have no .parking. Streets witllless tllan 33' s.hall .have parking only on Olle side. 14. Maintain a separation of 5' froIn the building to the dUlnpster el1closure. 15. All .POrtiOl1S of th.e buildings located on this .proj eet IllUst be within 150' of a paved surface as measured around the .perilneter of the building. 16. All C01UlTIOn driveways shall be straigllt or :have a tu.rnil1g radius of 28' il1s:i.de alld 48' outside and shallllave a clear driving surface whicll is 20' wide. POLICE DEPARTMENT CONDITIONS 1. The pedestrian access to the proposed clu.bhouse/cOffilTIU.11ity elltrance is not well-defil1ed. The applicant shall sublnit a revised landscape plan tllat uses walkway pavi.ng materials and landscaping to alert motorists to the pedestrian traffic. 2. The .proposed landscaping creates a hiding spot near and south of Lot 20, Block 5 and Lot 24, Block 5~ The applicallt shall su.b:lnit a revised landscaping plan that affords greater visibility of the area from public areas such as a street or parkil1g lot. 3. Any interior fencing shall allow visibility from the street or shall not exceed fo.ur feet in height if solid fenci.n.g is used (pertaining to Lot 1, Block 5). PARKS DEPARTMENT CONDITIONS 1. Standard for Mitigation of trees: The standard established in tIle City of Meridian Landscape Ordinance (MCC 12-13-13-6) will be followed~ Hacienda Subdivision - PP-04-043 - Exhibit D page 5 of6 ( (/:... .. \~.~. ...: .. 2. Standard Plan for Protectiol1 of Existing Trees d.uring Construction: The standard establisl1ed in the City of Meridian Landsca.pe Ordinance (MCC 12-13-13) will be followed. SANITARY SE.RVICES co. CONDITIONS 1. Please COlltact Bill Gregory at sse (888-3999) for detailed review of your proposal and subtnit stalnped (approved) plans witll your Certificate of Zoning Compliance ap.plication. Hacienda Subdivision - PP-04-043 - Exhibit D .Page 6 Of 6 (' ('<.:':. . EXHIBIT E Conditions of Approval Conditional Use Permit Hacienda Subdivision (File CUP-04-052) SITE SPECIFIC CONDITIONS (Conditional Use Permit) 1. Applicant shalltneet all of the requirelnents of tIle preliminary plat as a condition of the Conditional U.se Permit 2. A conditiol1 of the CUP/PD shall be that the applicant participates .in any road infi:astructure agreelnents in tIle North Meridian PlalUling Area negotiated with ACH.D and shall faitllfully .perfonn the terms of suc.h agreelnent or agreeluents. 3. A minimuln lO-foot setbac:k froIn the Rio Vista .Drive right-of-way is required for tIle existing wall on Lot 1, .Block 5. Prior to issuance of a Certificate of Zoning COlnpliance for the clubhouse lot, the applicant shall Ineet with tIle Meridian Police Chief or his designee on site to determine the proper lighting, fence height, gates and surveillance :monitoring around tIle clubl1o.use. S.u.bmit writtel1 approval of said Police Departlnent approval witl1 the Certificate of Zoning COlTI.pliance for tIle clubllouse. 4. All d.evelopment sIlall cOlnply with the Alnerical1s with Disabilities Act and tIle .Fair Housil1g Act, including the community clubl1ouse. 5. The applical1t shall .provide/collstruct the following a.tUel1ities withitl tIle subdivision: a. Over 1 0% of the gross area as opel1 space; and b. A comlnunity clubhouse with restrooms al1d a SWilTI1Uing pool. 6. TIle followil1g deviations fro:m the Zoning and Subdivisiol1 Ordinal1ce (MCC Title 11 and 12) are approved as part oftllis application: .Min. .Lot Size- City Requireluent (R-8) 6,500 sq. ft per lot Approved Lot Size 2,850 Sq9 ft per lot (attaclled units DIlly) Lot Frontage- City Requirelnel1t 65' tUillitTIum Approved Minimulu Frontage 32' IninilTIUlTI Zero Lot Lines- City Requirelnel1t 1 per lot (max.) Approved Standard 2 per lot Hacienda Subdivision - CUP-04-052 - Exhibit E page 1 o:f2 r...: (.:-... \:-:~..... . 7. All areas being counted toward tIle 1 0% open space amenity sllall be free of "wet ponds" or otller such nuisances. All stormwater detentiol1 facilities incorporated into the required o:pel1 space are subject to MCC 12-13-14 and shall be fully vegetated with grass al1d trees, as depicted on tIle sublnitted landscape plans. 8. A Certificate of Zoning COlnpliance lTIUst .be obtail1ed for the clubllouse and swinuning :pool prior to applying for building permits. 9. Townho.use Elevations: A varied color and/or .building "luaterial scheme is required for the townll01ne structures within the subdivision. Applicant shall obtain written approval froln tIle P&Z Department for said scheme prior to City Engineer signature of the final.plat .Hacienda Subdivision ~ CUP-04-052 - Exhibit E page 2 of2 ( (~.~U EX:HIBIT F Annexation and Zoning Findings Hacienda Subdivision (File AZ-04-034) The City Council hereby approves the following analysis of required findings by staff: According to Ordinance 11-15-11, General Standards Applicable to Zoning Amendlnents, both the P&Z Commission and COI-lncil are required uto review the particular facts and cirCllmstances of each proposed zoning amendment in terms of the following standards and s/1.all find adequate evidence answering the following questions about the proposed zOJ1ing amendment. " A. Will the ne\v zoning be harmonious with and in accordance with the Comprehensi.ve Plan and, if not, has there bee.D an application for a Comprehensive Plan amendment; Staff finds that the requested zoning design.ation, R-8, is harmonious with and in accord.ance with the 2002 COlnprel1ensive Plan. and Future Land .Use Map, which designates tIle land to be Mediu:m Density Residential. Tllere is a minilTIUlTI target del1sity of tlrree (3) du/acre in tIle Com.prel1el1sive Plan and Haciel1da's gross density is 4.99 du/acre. The Future Land Use Map S110WS a .potential public par.k site, regional patllway, and future sellool site in this section. A 10-foot wide regiol1al patl] was rece.ntIy approved in Saguaro Canyo.n and Ventana Su.bdivisions to the south and east. Also, Joint Sclloo1 District No. 2 has purcllased a 41 acre site in the section (two parcels to tIle south) and tlley are not pursuing allY further land acquisitiol1S in Secti0.11 30 at this tilne (according to Wendell Big.halTI, Facilities Director). P&Z Departtnent staff is not aware of allY efforts the Meridian Parks & Recreation :Departlnent is undertal<ing to acquire land witllin tllis section for a .public .park. The COlnpre.hensive Plan contains policies Wl1ich el1co.urage developluent to be pllased in accordance witl1 their connection to tile sewer systelTI (see :policy #8, page '1 08) and similar policies ailued at controIlil1g growth. T.he parcel is plaul1ed to be served witll tIle North SOUtll T.runk, which is .not yet constructed to Meridian Road. TIle Public Works Departlnent has been coordinating witll property owners to the west and. south on th.e extensio.n and alignnlent of the trunk line. ParalTIo.unt Subdivision is currently constructing tIle sanitary sewer and will stub to Meridian Road. Below are SOIne of tIle 2002 Comprellensive PIall policies Wllic.h generally support the annexation request (Staff analysis is shown in italics). The application also lists several other :policies which support the annexation: Hacienda Subdivision (AZ-04-034) - Exhibit F ~ Findings of Fact, Conclusions of Law & .Decision and Order page I of5 ( . t. ';~....~~. .. · "PrOlTIote the design of attractive roadway e.ntryway areas throughout .Meridial1 that will clearly idel1tify the community." (Ch. V, Goal III, Obj. B. #7) Hacienda Subdivision is proposing a 35-foot wide landscape buffer lot on Meridian Road with a substantial amOllnt of new landscaping and hardscaping therein. · "N ew developlnent shou.1d not rely on cul-de-sacs since they provide poor fire access, walkability and neigh.borhood social life. New developlnent and streets should be designed to encourage walking and bicycling." (Ch. VI, ,Bullet #2, pg. 71) There are no ne}v cul-de-sacs planned within the development. · "Coordinate wit}1 irrigation districts to provide multiple use of existing irrigation easelnellts." (ell. VII, Goal III, Obj. B, #3) The applicant is proposing a pathway facility adjacent to the North Slough Lateral through the majority of the project. They are also proposing to jceep the facility open as an anlenity to the stlbdivision~ which staff supports. · "Require usable open space to be inco:~porated into new residential subdivision .plats." (ell. VII, Goal IV, O.bj. C, #3) B. Is the area included in the zoning amendment intended to be rezoned in the future; Staff does 110t anticipate that the applicant inte.nds to rezone the subject property in the future. This is on.Iy tIle fourth urban-scale develolJlnent and al1nexation applicatiol1 in Section 30, T4.N, Rl E. Upo.n extel1sio.t1 of the North Slough Trunk iIltO tllis square mile, additio.uaI rezone requ.ests are anticipated. 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; Staff finds that tIle proposed single family residential subdivision would be allowed within the requested zoning district of R-8, with a Planned Developtnent to allow the reduced frontages, reduced lot sizes and zero lot lines. 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 Hacienda Subdivision (AZ-04-034) - Exhibit F ~ Findings of Fact, Conclusions of Law & Decision and o rdel~ page 2 of5 ( (:.': .; in a fashion similar to the proposed rezone area; Staff finds that tIle land to the east and south has bee.n recently annexed and ap.proved for single-family reside.ntial lots in Saguaro Canyon and Ventana Su.bdivisions. Saguaro Canyon has a gross density of 3 .29 d..u.lacre. ParalUOullt Subdivision was annexed in 2003 and land itnmediately west of Ventana is zoned for professio:nal office al1d single family uses. Larkwood Subdivision east of Saguaro l1as lot sizes that run approxilnately 2 acres eacll. The proposed density-4.99 d.u../acre gross-is higller tha.n both Saguaro Canyon and Ventana yet is within the allowable 3-8 units per acre targeted by the COluprehensive :Plal1. Th.us staff finds tl1at surrounding develoPluents are mixed densities-either tIle same or less, but the pro.posed density is within the anticipated rallge for a mediulTI density.project. ACHD has also reviewed the adjacel1t street capacity and has ap.proved the proposed subdivisio.n (witl1 COllditions). Meridian Road. (betwee.n Chinden and McMillan) is not .programlued within ACHD's Five Year Work Prograln~ Me.Millan Road is in ACHD's Capital Ilnprovelnent ProgralTI a.nd is anticipated to be reconstructed ill 2018. TIle property is designed to sewer into a portion of the North SIo.ugh Trunk that is not yet constructed. E. Will the proposed uses be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; Staff fil1ds that tIle proposed single family residel1tial use will change the existing rural cllaracter of tIle subject property. There is an estate-type property south of Haciel1da Subdivision. However, according to public testilnony issued at the Ventana Subdivision City Councilllearings, the owner is expected to redevelo.p ill tIle near future. The intended character of tIle vicinity is a Inix of urban and suburban scale develoPlnents on a generally gridded street systelll with a focus on single faluily alld lnulti-falnily housing at 3 to 8 d.u./acre9 TIle proposed use is cOlnpatible with tIle Future Land Use Map. The design alld density conforms to Inost of tIle Comprel1ensive Plan policies. F. Will the proposed uses not be .hazardous or disturbing to existing or future neighboring uses; T.he COlTIlUission and Council should rely 011 .public testitnony (oral al1d written) to detennine wl1ether or :not the pro.posed uses will be distul~bing or hazardous to tIle existing or future .neighboring .uses. Staff does not anticipate that the :proposed residel1tial uses will be l1azardous. However, staff finds that the new residel1ces may be disruptive to existing agricultural practices to the north. It sllould be noted, however, that the Hacienda Subdivision (AZ-04-034) - Exhibit F ~ Findings of Fact, Conclusions of Law & Decision and Order .Page 3 Of 5 (. .. (~".,.. ~-::.:.... ...: . Commission and Council tnade this finding in tIle affirmative during the Saguaro Canyon and Ventana Subdivision hearings for the saine rural properties. 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, selver or that the person responsible for the establishment of proposed zo.ning amendment shall be able to provide adequately any of such services; Staff finds that the property to be atmexed will or can .be served adequately .by most essential public facilities al1d services if all conditions of approval are met by the applicant. The applicant s.hall be required to exte.nd sallitary sewer and water mains to al1d tlu.ough the proposed d.evelopme.nt, thereby Inakillg thetTI available to the adjacel1t pro.perties. The applicant al1d/or future property owners will be required to pay park and .higllway impact fees as well as construct on-site stonnwater drail1age facilities. Please review ACHD, Police and the Fire De.partlnent's COlTIlnents concemin.g t11is subdivision for further il1fonnation regarding public services alld facilities~ H. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; Staff finds tllat there will not be excessive add:itiol1al req.ujrelnents at public cost for pu.blic services and facilities, if the applicant complies with the conditions of approval for the accolnpanying conditional use .peol1it and prelimil1ary plat a p p l:i ca ti 0 11S ~ 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 \velfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; Staff recognizes that traffic and noise will increase significantly UpOl1 build-out of the proposed subdi vision. TIle Co:mmissio.n and COUllCil should refer to the ACHD staff report for specific details on traffic ilnpacts. The traffic ellgineer for Vental1a Subdivision determined that, even at project build-out in 2009, Meridian Road will function at an LOS C or better. Staff does not feel that the alnount generated will be detrilnental to tIle public welfare if all City and ACHD conditions of approval are Inet. Staff fil1ds that the proposed subdivisio.n will not involve uses that would create other nuisances that would be detritnel1taI to the general welfare of the surrounding area. Hacienda Subdivision (AZ-04-034) - Exhibit F ~ Findings of Fact, Conclusions of Law & Decision and Order page 4 of5 (-..... 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; Staff finds that the subdivision's two vellicular approaclles off of Meridian Road are aligned with existing propelty lines on tIle west side of Meridian Road and comply with the turn lane and intersection control conditions iln:posed by ACHD4 The other proposed roadways will .need to be improved in cOlnpliance with ACHD requiretnents in order to alleviate interference witll the existing and proposed intersections. We do fil1d tllat, as proposed, tIle Rio Colinas Street stub to the east is show.n as a 32-foot wide street section. The standard pu.blic street section is 36 feet. Upon future redeveloplnent of the .parcel ill Blythe Estates Subdivision (to east), tllis fo.ur (4) foot discrepancy lnay create an interference wit}l future traffic. Staff is reCOlTIlnel1ding this street be designed to a standard 36- foot sectio.u in tllis area. The COlTIlnission and Council should review ACHD COlTIlnel1ts concerning ve.hieular approacl1es and traffic generation.. The ACHD COll11nission has ap:proved the Hacienda Subdivisio.n .preliminary plat application~ .K. Will not result .in the destruction, loss or damage of a natural or scenic feature of .major importance; and Staff finds that 110 natural or scenic features of In.ajor ilnportance will be lost or dalnaged by ap.proving the annexation al1d re-ZO.lle. TIle North Slo.ugl1 does bisect tIle .property and is proposed to be piped undergroulld for 8110rt segtnents through tIle .project. However, tllis facility is 110t considered to be a feature of "lnajor ilTI.portance" for tlle COlnlTIUnity. Any existil1g trees larger than 4" caliper that are removed shall be Initigated for, per the Lal1dscape Ordil1a11ce. L. Is the proposed zoning amendment in the best interest of the City of Meridian. (Ord. 592, 1.1-17-1992)? Staff finds that sewer, water, irrigation, solid waste, library, fire and street services are available to the site. Existing elementary scllool capacity relnaills an ilnpOl1al1t but und.etelmined factor for this subdivisio.n. T11e school district .has stated ill the :past (for other Nortll Meridian develo.pments) that additional students will furt.her cOlnpound the current overcrowded situation and residents cannot be assured of attending the l1eighborhood school.. Both Havasu Creek and ParalTIOunt Subdivision 11ave been approved for new elementary scl1ools, although neitller of these sites l1as a cot1struction date at tllis tilne. Long-range planning in the North Meridian area has been underway since 20014 This area is a part of the North Meridian Area Plan. The proposed use and density generally comply with this plan. Staff finds tllat the annexation of this property is largely in the best interest of the City. Hacienda Subdivision (AZ-04-034) - Exhibit F - Findings of Fact, Conclusions of.La\v & Decision and Ordel~ page 5 Of 5 I:: . i\ (~.... EXHIBIT G Preliminary Plat Findings Hacienda Subdivision (File PP-04-043) The City Co.uncil hereby a.pproves the following analysis of required findings by staff: Sections 12-3-3 J.2 and 12-3-5 D read as follows: "In determining the acceptance of a proposed subdivision, the Conlmission/Council shall consider the obJ~ectives afthis title and at least the following: a. The conformance of the subdivision with the Comprehensive Development Plan; Staff finds the subdivisiol1 to be in substantial con.fonnance with tIle Comprehensive :Plan, as noted ill Finding "A" under the Hacienda Annexation and Zoning application. bit The availability of public services to accommodate the proposed development; As noted .under Findings G and L of the Hacienda Anl1exat.ion and ZOlling application, staff finds that all public services are available to aCCOlnlTIodate the proposed developluent CIt The continuity of the proposed development with the capital improvement program; The proposed subdivision would not create an.y more additional requirelnents or de.mands to the City tl1an other standard residential .uses. The Public Works Departlnel1t CIP il1clud.es the North Slough Trunk extension, Wl1icll this :property will drain to. TIle developer will need to construct off-site sewer and water improvements in N. Meridian Road, in accordance witl] the Master Facility Plan. d. The public fmancial capability of supporting services for the proposed development; Staff finds that the developluel1t will require public expenditures for extending tIle North Slougll Trunk. Specifically, the Public Wor.ks lTIUst el1ter into a co.ntract witll a private finn to acquire easelnents, design al1d C011StruCt tIle line. The funding for this extensiol1 is budgeted in tIle FY04 budget, with a prelitninary Hacienda Subdivision (PP-04-043) - Exhibit G - Findings of Fact, Conclusions of La\v & Decision and Order page 1 of2 j. \,. .. ( estimated schedule of co.nstruction completion by June 20056 e. The other health, safety or environmental problems that may be brought to the Commission's attention. Other tl1an previously 11oted, staff does not find any other health, safety or environmental problems associated with this subdivision tllat need to be brougllt to the Councilor COlnmission' s attention. Hacienda Subdivision (PP-04-043) - .Exhibit G - Findings of Fact, Conclusions of Law & Decision and Order page 2 of2 too. . . l., . . (~..:nn , EXHIBIT H Conditional Use Permit Findings Hacienda Subdivision (File CUP-04-052) The City Councilllereby approves the following analysis of required findings .by staff: The Commission and COllncil shall review the partjettfar facts and circumstances of each proposed conditionall-ISe in terms of the following and may approve a conditionalllse permit if they shall find evidence presented at the hearing(s) is adequate to establish (11- 17-3)6' 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; Stafffi.nds that tIle su.bject .property is large el10ugh to aCCOlnlTIodate the requested use and all. other required features as noted above. B. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; See Findil1g "A" under tIle Almexation and Zoning application. 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 t.hat such use will not adversely change the essential character of the same area; See Filldings ".D" and "E" under tIle Annexatiol1 al1d Zoning ap.plicatio.n. D. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; See Finding "F" und.er tIle Annexation and Zoning applicatioll. .E. That the proposed use ,viII 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; See Finding "G" under the Annexation alld Zoning a.pplication. F. That the proposed use will not create excessive additional requirements at I-Iacienda Subdivision (CUP-04-052) - Exhibit H - Findings of Fact, Conclusions of Law & Decision and Order page 1 of2 (- ..: (: . public cost for public facilities and services and \viII not be detrimental to the economic welfare of the community; See Finding "H" under the Annexation and Z011illg a.pplication and Finding ".0" under the .Prelilninary Plat ap.plicatioll. 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 Finding "I" und.er the Annexation and Zoning ap.plication. H. That the proposed use will have ve.hicuJar approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; See Findings "I" and "J" ul1der the Annexation and Zon:il1g application. 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 Finding "K" ullder the Annexatiol1 and Zonil1g a:p.plication. Hacienda Subdivision (CUP-04-052) - Exhibit H ~ Findings of Fact, Conclusions of Law & Decision and Order page 2 of2 ( March 11, 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT March 15, 2005 ITEM NO. 5-1 REQUEST Water Service Easement for McKague Family Revocable Living Trust 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: SEITLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached a vU Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at pUblic meeUngs shall become property of the City of Meridian. (n . City of Meridian Public Works Dept. , R)ECEI~V]i~D r~AR 0 4 2005 Cit.V Of I\1eridian City Clerl< Office To: Mayor de Weerd & City Council From: Karie Glenn cc: File Date: 3/4/2005 Re: Proposed Agenda Items for 3/15/05 City Council Meeting The Public Works Department respectfully requests that the following items be placed on the 3/15/05 City Council agenda, on the Consent Agenda, for Council's consideration: ~ 1) Water Service Easement for McKague Family Revocable Livina Trust. Typical Water Service Easement. Recommended Council Action: Approve the Water Service Easement for McKague Family Revocable Living Trust and authorize the Mayor to sign and City Clerk to attest. 2) Sanitary Sewer and Water Main Easement for McKague Familv Revocable Living Trust. Typical Sanitary Sewer and Water Main Easement Recommended Council Action: Approve the Sanitary Sewer and Water Main Easement for NlcKague Family Revocable Living Trust and authorize the Mayor to sign and City Clerk to attest Thank you for your consideration. . Page 1 f~ \ WATER SERVICE EASEMENT TIllS lNDENTURE, made this..-- day of . ,20_between McKague Family Revocable Living Trust, the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; . WITNESSETH: WHEREAS, tb,e Grantors desire to provide a water service right-of-way across the premises and property hereinafter particularly bounded and described; and .WHEREAS, the water service 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 rigbt- of-way for an easement for the construction, operation, maintenance, repair, Teplacement of a water service over and across the following described property: , (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the pwpose 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 EXPRES SLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after constrnction, making repairs, performing other maintenance or making subsequent connection to the - water line, Grantee shall restore the area of the easement and adj acent property to that existent prior to undertakin.g such-construction, repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereqy covenant an~ 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 fo"r this easement, which would interfere with the use of.said easement, for the pwposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of.. way and easement hereby granted sJ?all become part 04 or lie within the boundaries of any -public street, then, to such extent~ such right-af-way and easement hereby granted which lies withln such boundary thereof or which is a part thf?reof: shall cease and become null an.d void and of no further effec~ and shall be completel~ relinquished. /. \.. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS \VHEREOF, the said parties of the frrst part have hereunto subscribed their signatures the day and year flIst herein above written. GRANTOR: resident, McKagu.e F y Revocable Living Trust 885 S Locust Grove Rd . Meridian ill 83642 Secretary STATE OF IDAHO ) ) ss County of Ada ) On this 4 day of , 2~ before and for said State, personally appeared 0 and ,. known or identified to me to be the Presiden and Secretary, respectively, of the corporation that executed the within instrument and acknowledged to me ~at such corporation executed the same. IN'" WITNESS \VHEREOF) I have hereunto set my hand and affixed my official seal the day and year fist above written. ........ ..- I\. GM-'~ .,. p. . ~ .~... .-_.......... I'-A;". .- -4. v.;.-"" AIt -. ",c ~ -: ~ lit .~, .':'Y~ (SEAL) · ~iI" O't Ii " · -;J; '~ " III . ' , =- . " 1 - . f I - .. t : . . J , It . " , e · \ '0 e '" , - .. '\ 4..CJ,~ - · .', "",'. .. ~'"~~~... ...ttTF; ot .. -..... ... ( 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 , 2004, before me, the UD.dersigned, a Notary public in and for said State, personally appeared TAMMY DE WEERD and WILLIAM G. BERG, JR.., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) NOTARY PUBLIC FOR IDAHO Residing at: '~ Commission Expires: . (~,.......... EXHIBIT A EASEMENT . DESCRIPTION FOR McKAGUE FAMILY REVOCABLE LIVING TRUST WATER SERVICE EASEMENT An easement for water service purposes located ill tIle NE l;4 of the SE 'l4 of Section 18, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, lllore patiicularly described as follows: Commencing at a brass cap Dlol1ument marl(ing tile northeasterly corner of said NE Y4 of tIle SE 'l4 from Wl1ich an aluminum cap mOllument marking tIle soutl1easterly comer of the SE ~ of said Sectio1118 bears S 0030'32" W a distance of2659.49 feet; The11ce S 0030'32" W along the easterly boundary of said NE 'l4 of the SE Y4 a distance of 346.26 feet to a POil1t; Tllel1ce leaving said easterly bOUlldary N 89029'28" W a distance of 48~OO feet to the POINT OF BEGINNING; Thence continuing N 89029'28" W a distance of 5~OO feet to a point; Thence S 0030'32" W a distance of 1. 0.00 feet to a POillt; Tl1ence S 89029'28" E a distaJICe of 5.00 feet to a point; Thence N 0030'32" E a distance of 10.00 feet to the POINT OF BEGINNING; This parcel COlltaillS 0.001 acres (50 sq~ ft.) and is sllbject to any ot11er easements existing or ill use~ Prepared by: GleIm K. Bemlett, PLS Civil Survey Consultants, lilcorporated Novenlber 10, 2004 ( EXHIBIT B WATER SERVICE EASEMENT LOCATED IN iHE NE 1/4 OF THE SE 1/4 OF SECTION J8~ TOWNSHIP 3 NORT~ RANGE J EAST, BOISE MERIDIAN. ADA COUNT~ IDAHO. LOCUST GROVE ROAD UTILITY IMPROVEMENTS EASEMENT GRANTOR. ADDRESS: McKAGUE FAMILY REVOCABLE UVINe TRUST 885 S. LOCUST ceOVE ROAD MERIDIAN, In 83642 o 50 100 200 300 , I SCALE: 1.~ == 1 00 ~ N 89~9~8i1t W 5. 00 ' (2) S 11 1 841 '267 lOCUST CROVE ~ Ucl(ACUE r AUll Y REVOCABLE LIVlNC TRUST f~ 18 17 19 20 ;/ ~:, March 111 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT March 151 2005 ITEM NO. 5-J REQUEST Sanitary Sewer and Water Main Easement for McKague Family Revocable living Trust 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 HJGHW A Y DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SEITlERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached ~ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meeflngs shall become property of the City of Meridian. City of Meridian Public Works Dept. ,RECEI .D ~iAR 0 It 2005 City Of Meridian City Clerk Office To: Mayor de Weerd & City Council From: Karie Glenn cc: File Date: 3/4/2005 Re: Proposed Agenda Items for 3/15/05 City Council Meeting The Public Works Department respectfully requests that the following items be placed on the 3/15/05 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Water Service Easement for McKague Familv Revocable Living Trust. Typical Water Service Easement. Recommended Council Action: Approve the Water Service Easement for McKague Family Revocable Living Trust and authorize the Mayor to sign and City Clerk to attest. -t 2) Sanitary Sewer and Water Main Easement for McKague Family Revocable Living Trust Typical Sanitary Sewer and Water Main Easement Recommended Council Action: Approve the Sanitary Sewer and Water Main Easement for McKague Family Revocable Living Trust and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration4 . Page 1 ( (" SANITARY SEWER .AND WATER :MAIN EASEMENT THIS INDENTURE, made this _ day of , 20_b.etween McKague Family Revocable Living Trust, the parties. of the first part, and <hereinafter called the.Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WH:E~AS, the Grantors desire to provide a sanitary sewer and water main right-of-way across the premises and property hereinafter particularly bounded and described; and 'WHEREAS, the sanitary sewer and water is. to 1;Je provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines 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 operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby .granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, to gether \Vith their maintenance, repair and replacemeiIt at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HA VB AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that aft~r making repairs .,or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grant~e. shall not be responsible for repainng, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement c 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 thereot: shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lavvfully seized wid possessed of the aforementioned and described tract of land, and t4at 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 clai~s 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. GRANTOR: ~ President, McK&gu amily Revocable Living Trust, Property Owner 885 S Locust Grove Rd Meridian ID 83642 ------, Secretary (~ (~ STATE OF IDAHO ) - ) ss County of Ada ) On this day of -\'\\{li ~1) , 2cf , befoT me, the undersigned, a Notary Public in and for said State, personally appeared. ~ \\'\ Ll~ and , known or identified to me to be the Pres · ent and Secretary, Respectively, that executed the' within instrument and acknowledged to. me that such corporation executed the same. · IN WITNEs~~~~t~!l:ve here to set my hand and affixed my official seal the day e I \ - . ' , . a ' 1 . . : : . II I , II _ ' , e - \ , - \ I · · -. \. C ':0. ..~'~l.~~~... GRANTEE: ...1"';'-"'0-;; ~... ....r; I~.. CITY OF MERIDIAN ...... T~,y 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 of Meridian, Idaho, and who executed the within instiument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affi~ed my official seal the day and year first above written. (SEAL) NOTARY PUBLIC FOR IDAHO Residing at: Commission Expires: ( ( EXHIBIT A EASEMENT DESCRIPTION FOR McKAGUE FAMILY REVOCABLE LIVING TRUST SEWER AND WATER MAIN EASEMENT An easement for sewer and water main purposes located in tIle NE 'l4 of tIle SE 14 of Section 18, Township 3 North, Range 1 East, Boise Meridian, Ada COUllty, Idaho, lllore particularly described as follows: Commencing at a brass cap lllonwnent marlcing the 1101theasterly corner of said NE 'l4 of tile SE 'l4 froln whicIl an alUll1il1Uill monumellt Inarl<ing tIle soutl1easterly comer of the SE ~ of said Section 18 bears S 0030'32" W a distance of2659.49 feet; Thence S 0030'32" W along tIle easterly bOUlldary of said NE ~'of the SE ~ a distance of 453.34 feet to a point; Thence leaving said easterly baun.clary S 89032'05" W a distance of 240.55 feet to the POlNT OF BEGINNING; Tl1ence N 0027'55" W a distance of 10.00 feet to a POillt; Tllence S 89032'05" W a distance of25.00 feet to a point; Thence S 0027'55" E a distance of 10.00 feet to a point; Tllence N 89032'05" E a distance of25.00 feet to tIle POINT OF BEGINNING; This parcel contains 0.006 acres (250 sq. ft.) and is su.bject to any otller easements existing or in use~ Prepared. by: Glenn IZ. Belll1ett, PLS Civil Survey Consultants, hlcorporated November 10,2004 (':" ~~ EXHIBIT B SEWER AND WA TER MAIN EASEMENT LOCATED IN THE NE 1/4 OF THE SE 1/4 OF SECTION 18, TOWNSHIP 3 NORTH, RANGE 1 EASY: BOISE MERllJIAN, ADA COUNT~ IDAHO. LOCUST GROVE ROAD UTILITY IMPROVEMENTS EASEMENT GRANTOR~ ADDRESS.A McKAGlIE FAMILY REVOCABLE LIVING TRUST 885 S. LOCUST ORO VE ROAD AlERIDIAN, ID 83642 o I 50 , 100 200 300 I , SCALE: 1 t. =1 001 CD Sll 184 t 7267 LOCUST CROVE ~ ~ cKAGUE F ~ UIL Y REVOCABLE UWlG mUST 18 17 19 20 (~ i~ ( March 11 t 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT March 15, 2005 ITEM NO~ 5-L REQUEST Request for Proposal for Master Plan, Landscape and Architectural SeNices for the 7 acre neighborhood park in Autumn Faire Subdivision by Jensen-Belts Associates and the Design Team 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 Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meeUngs shall become property of the City of Meridian. To: Cc: From: Date: Re: t.Y.. .: ( (.... . RECEIVED MAR - 9 2005 City of Meridian City Clerk Office Mayor I City Council Will Berg Doug Strong tlC9, March 8, 2005 Consent Agenda Item The Parks Staff is requesting approval of the proposal for Master Plan, Landscape and Architectural Services for the 7-acre neighborhood park located in the Autumn Faire Subdivision. Staff is requesting that this item go before the City Council under the consent agenda at your March 15,2005 meeting. The only response was from Jensen-Belts Associates and the Design Team.. The design team is composed of professionals, highly qualified to address the requirements of this project and with a good understanding of the site. The various team members have a long history of project collaboration, including Merrill Community Park in Eagle, Bear Lake State Park, and currently the Canyon County Fairgrounds and Depot Park in Caldwell. ( . (. March 111 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT March 15, 2005 ITEM NO. 5-M REQUEST Resolution - Warranty Deed from Autumn Faire, llC to the City of Meridian AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DE?T: CITY FIRE DE?T: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTH ER: See attached Resolution f9ti/ tV See attached ~ !lvr Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. (.. . ( CITY 0 F M:E:RID IAN RESOLUTION NO. &~ -- 4-6 ~ BY THE CITY COUNCIL: BIRD, DONNELL, ROUNTREE, WARDLE A RESOLUTION APPROVING A W A:RRANTY DEED :FROM AUTUMN FAIRE LLC (GRANTO.R) TO THE CITY OF MERIDIAN CITY (GRANTEE) FOR APPROXlMATELY 7.1 ACRES OF REAL .PROPERTY IN THE TRICIA'S CROSSING SUBD.IVISION FO.R A FUTURE NEIGH.BORHOOD PA.RK, AUT.HORIZING. THE CITY CLE:RK TO RECORD SAID n:EED IN THE REAL PROPERTY RECORDS OF ADA COUNTY, lDAHO, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, pursua.nt to t]le COllditions of approval for the annexation and zoning of the Autulnn Faire Subdivision (AZ-OO-009), the develo.per agreed to transfer title to approxituately 7.1 acres of real property valued at $204,OOO~OO in exc]lange for a waiver ofpar.k ilnpact fees associated with tIle project; and W.HEREAS, re.presentatives [rOIn tIle DepartlneIlt of Pal~ks and Recreatio.n of tIle City of Meridian have inspected tIle subject .property and detennined tl1at the condition ofth.e property is acceptable to th.e City; and, W.HEREAS, the First American Title Insurance COlnpany has issued a Comlnitlnent for Title Insural1ce for the s.ubject property on tenns acceptable to the City. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY CO.UNCIL OF THE CITY OF MERID.IAN CITY, IDAHO: Section 1. That the Warranty Deed froIn Autulnn Fa-ire LLC, a copy of which is attached hereto and inco~porated herein by reference, be alld. the saIne is hereby approved as to both form and content Section 2. That the City Clerk be, and he 11ereby is, authorized to record said WalTanty Deed in the real property records of Ada Co.unty, Idallo for and on behalf of the City of Meridian. Section 3. Tllat this Resolution shall be ill full force and effect ilnmediately upon its adoption and approval. ADOPTED by tIle City Council of the City of Meridian, Idal10 / 5'7: day of !1?M,vL ,2005. '1J- APPROVED by tIle Mayor of the City of Meridian, Ida11o, this /5 -day of 11l~?A--, ,2005. ReSolution for APproval Of warranty Deed from Autullln Faire L.LC - 10f2 tOO \~ APPROVED: ATTEST: ReSolution for APproval Of warranty Deed from Autumn Faire LLC - 20f2 ( S II ^t:J~ IUJllV E F()!{ R I: llJRI} I NC i J)A r ^ WARRANTY DEED AUTUMN FAIRE LLC) an Idaho Limited Liability Company, GRANTOR, hereby conveys, grants and warrants to THE CITY OF MERIDIAN, a Municipal Corporation organized and existing under the laws of the State of Idaho, with its principal offices at 33 East Idaho Avenue, Meridian Idaho 83642, GRANTEE, for good and valuable consideration) the following described real property in Ada County, State of Idaho, more particularly described as follows) to wit: Lot 2, Block 4 ofTricia's Crossing Subdivision, according to the official Plat thereof, filed in Book 90 of Plats at Page J 0615, Official Records of Ada County, Idaho. SUBJECT rro taxes and assessments for the current year and all subsequent years, together with any and all existin~ easements, rights-of-way, reservations, restnctions and encumbrances of record, to any existing tenanCles~ to all zoning Jaws and ordinances, and to any state of facts an accurate surveyor inspection of the premises would show. This conveyance shall include any and all appurtenances, tenements) hereditaments) reversions, remainders, easements, rights-of-way and water rights in anywise appertaining to the property herein described. The Grantor covenants to the Grantee that Grantor is the owner in fee simple of said premises; that the premises are free from all encumbrances, excepting those as may be herein set forth) and excepting those of record, and that Grantor shall warrant and defend the same from aHlawful claims. IN WITNESS WHEREOF, the Grantor has executed this instrument on this;...?~./ day of i..,(.~ {~} ~~/ './t )' 2005. By Steve Schmidt Its Managing Member STATE OF IDAHO ) ) : ss County of Ada ) On this /) ~ f day of ... \ t \)'.. \ ., (" 1, .. ~ \ , 2005, before me, .\"".'~ '{l. \.. ", (. .'. ...\ \ ~ ~ ~' )\ {.; ) a Notary Public in and for the State of Idaho, personally appeared Steve Schmidt known or identified to me to be the Managing Member of the limited liability company that executed the instrument or the person who executed the instrument on behalf of said corporation, and acknowledged to me that such limited liability company executed the saine. IN WITNESS WH~'lthaye hereunto set my hand and affixed my official seal the day and year in this certificate first above writteft'4~ \'\ E ' f).~ r /......,. \ ) ~' ~~ ............1f . f' ".!II' / · .. j r . ,: <) · .. ':a , l ( (~. ~. if.... i. . / {1.. ,I .). j. ..L... ! I.- ~o" An y ..~\ . ~ Not~~ P~blic -t~~. t~~ State of Idaho : . ........ . .;.c : ResIdIng at ',f.Jt; ~ .J. .'._... , Idaho S ... i . \G: .: My Commission Expires \..> II / t"l wt -:. · PUB \." .. : f ~ 00. ._ 0 :: ~ ,.p .. .. ~ ~.. ~tt': r ........ ~ ..."" 4'##,f ~ i"E 0 f \\> "..,~ .....".... UI1'l",,"" ( (~..... . . March 11, 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT March 15, 2005 ITEM NO~ 5-N REQUEST Resolution - Establishing Appointments for Board Members and Altemates to the ValleyRide Regional Transportation Authority AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY AITORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SEITLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached Resolution o / o See attached Confacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meeHngs shall become property of the City of Meridlan~ t.., . (" \, CITY O.F MERIDIAN RESOLUTION NO. 0'5 ~46 q;- BY T.H'E CITY COUNCIL: BIRD, DONNELL, ROUNTREE, WARDLE A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF .MERIDIAN, ESTABLISHING APPOINTMENTS FOR BOARD MEMBERS AND AL T.E,RNA T.ES TO THE V ALLEYRI.DE REGIONAL T.RANSPORT A TION AUTHORITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of.Meridian by the passage of Resolution No. 04-446 on October 19, 2004 designated representatives to serve as primary and. alternates for the ValleyRide Regional Transpo.rtation Authority; and WHEREAS, due to changes of members of the City Cou,uciI and staff walTanted the need to change tIle designated primary and alternate representatives; and W.U.EREAS, Idaho Cod.e 40-2.1 06(3) states board members s11all be appointed by resolution of the appointment agency; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF T..HE CITY OF ME.RIDIAN CITY, IDAHO: Section 1. Tllat pursuant to Idaho Code 40-2106, that the following persons be appointed to the ValleyRide Regional Transp011ation Authority Board: Cou.ncillnember Christine Doooe!1 as a .primary fe.prese.ntative TranSpOl1ation Planner Steve Siddoway as a primary representative City Attolney L.M. Nary as an alternative representative p & Z COlnmissioner David Zarenlba as an alternative representative Section 2. That this Reso.lution shall be .in full force and effect inunediately upon its adoption and. approval. ADOPTED by the City Council of City of Meridian, Id.aho (Sit day of m~(/~ , 2005. APPROVED by the Mayor of the City of Meridian, Idaho, this /6".rt- day of IJl A/tpA., ,2005. 1 0.[ 1 March 11, 2005 MERIDIAN CITY COUNCil MEETING APPLICANT March 15, 2005 ITEM NO. 5-0 REQUEST Agreement with HDR for GIS On Call Services AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DE?T: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SffiLERS IRRIGATION: IDAHO POWER: US WEST: JNTERMOUNT AI N GAS: MERIDIAN POST OFFICE: OTHER: See attached -- lXI r vv Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at pUblic meetings shall become property of the City of Merldian~ /oo . ( l... <.C.~:.\ECEIVE .._< MAR 1 0 2005 CITY OF MERIDIAN CltvtLERK OFFICE To: William Berg, Jr. From: Lenard Grady CC: Brad Watson Q,~ Date: 3/1 0/2005 Re: Proposed Agenda Items for March 15, 2005 City Council Meeting The Public Works Department respectfully requests the following item(s) be placed on the March 15 City Council consent agenda: t GIS On Call Services - HDR: Attached is a contract with HDR for GIS consulting services. HDR installed the GIS hardware and software. This contract will be Not-ta-exceed $5,000. Recommended Council Action: The Public Works Department recommends that City Council approve the Agreement with HDR for ON Call GIS supp~rt for $5,000.00 and authorize the Mayor to sign it. Additional Pressure Reducinq Valve - Chanqe Order #2 - Star Construction: Attached is change order #2 with Star Construction for an additional PRV Station on Leighfield, west of Locust Grove. This PRV will also serve as a Pressure Relief Valve, in the unlikely event that pressure gets to high. Change Order #1 also added an addition PRV station and Telemetry for 5 PRV Stations. The current contract price is 1 97 I 112.95. With this Change Order of $17,973wOO, the total contract price will be $215,085.95. Recommended Council Action: The Public Works Department recommends that City Council approve the Agreement with HDR for ON Call GIS support for $5,000.00 and authorize the Mayor to sign it. From the desk of~ ~ . Victory Road/Meridian Road Water Main: Four bids were received on this project ra ng ing from $342, 135.00 to $397 1403.0 0 ~ Pa ul construction was th e Lenard Grady Staff Engineer Meridian Public Works Department 660 E. Watertower, Suite 200 Meridian, Idaho 83642 . page 1 (208) 898~5500 Fax: (208) 898-9551 gradyl@meridiancity.org c.... . .:. (r.~... . ..... . apparent low bid. This contract includes the Meridian Road Crossing with a bore. Recommended Council Action: The Public Works Department recommends that City Council approve the Contract with Paul Construction for Water Main on Victory Road including a Meridian Road boar for $342,135.00 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. . page 2 Febru~y 25,2005 Mr. Len Grady City o.f Meridian 660 East Watertower Lane Meridian, Idaho 83642 RE: Pr.oposal for On...CaII GIS Services Dear Mr. Grady: Thank you for asking us. to provide Y<?u with a proposal for Geographic Information S.ystem (GIS) On Call Services~ We appreciate the opportunity to continue to serve you. We've attached two signed copies of a Professional Services Agreement with .exhibits for your execution. Please sign each and return one original for our. records. If you have questions or comments, pleas~ do not hesitate to call me .at (208) 387- 7069, email atdavid.keil@hdrin.c.com. o~ yja the ad.dress shown below. We .look forward to supporting you and your new GIS staff with technical expertise and professionalism. l'hank you. · Sinc~rely, HDR ENGINEERING, INC. David Keil, P.E.. .W aterfW astewater Section Manager HDR Engineering, Inc~ River Quarry at Parke enter 41 Z E Parkcenter Blvd SUite 1 00 BOise. 10 8370Sa66S9 Phone: (20B} 387-7000 r Fax: (2GB} 387~ 7100 vll\r~IWJldrinc:com SHORT FORM AGREEMENT BETWEEN OWNER AND HDR ENGINEERING, INC. FOR PROFESSIONAL SERVICES THIS AGREEMENT is made as of this day of 20_, between the City of Meridian ("OWNER") an Idaho corporation, with principal offices at 33 East Idaho Avenue.. Meridian~ Idaho 83642-2300, and HDR ENGINEERmG, INC., ("ENGINEER") a Nebraska corporation, with principal offices at 8404 Indian Hills Drive, Omaha) Nebraska, 68114 for services in connection with the project known as Geo2:raphic Information System (GIS) On-Call Services ("Project"); WHEREAS, OWNER desires to engage ENGINEER to provide professional engineering, consulting and related services ("Services") in connection with the Project; and WHEREAS, ENGINEER desires to render these Services as described in SECTION I, Scope of Services. NOW, THEREFORE, OWNER and ENGINEER in consideration of the mutual covenants contained herein, agree as follows: SECTION I. SCOPE OF SERVICES ENGINEER will provide Services for the Project, which consist of the Scope of Services as outlined on the attached Exhibit A. SECTION II. TERMS AND CONDITIONS OF ENGINEERING SERVICES The "HDR Engineering, Inc. Terms and Conditions for Professional Services," which are attached hereto in Exh.ibit B, are incorporated into this Agreement by this reference as if fully set forth herein. SECTION III. RESPONSIBILITIES OF OWNER The OWNER shall provide the information set forth in paragraph 6 of the attached "HDR Engineering, Inc. Terms and Conditions for Professional Services." SECTION IV. COMPENSA TION Compensation for ENGINEER'S services under this Agreement shall be on the basis of per diem. The amount of any sales tax, excise tax, value added tax (VAT), or gross receipts tax that may be imposed on this Agreement shall be added to the ENGINEER'S compensation as Reimbursable Expenses. Agreement for prOfeSSional services 1 1-1999 Compensation terms are defined as follows: Per Diem shall mean an. hourly rate to be paid as total compensation for each hour an employee works on the project per the rate schedule provided in Exhibit A with annual adjustments in January resulting from employee base salary or wage increases, plus Reimbursable Expense. Reimbursable Expense shall mean the actual expenses incun-ed directly or indirectly in connection with the Project for transportation travel, subconsultants, subcontractors, computer usage, telephone, telex, shipping and express, and other incurred expense. ENGINEER will add ten percent (100/0) to invoices received by ENGINEER from subconsultants and subcontractors to cover supervision, administrative, and insurance expenses. SECTION V. PERIOD OF SERVICE Upon receipt of written authorization to proceed, ENGINEER shall petform the services within the time period(s) described in Exhibit A. Unless otherwise stated in this Agreement, the rates of compensation for ENGINEER'S services have been agreed to in anticipation of the orderly and continuous progress of the project through completion. If any specified dates for the completion of ENGINEER) S services are exceeded through no fault of the ENGINEER, the time for performance of those services shall be automatically extended for a period which may be reasonably required for their completion and all rates, measures an.d amounts of ENGINEER'S compensation shall be equitably adjusted. Agreement for prOfeSSional services 2 1-1999 \\... . t. (.,. IN WITNESS WHEREOF) the parties hereto have executed this Agreement as of the day and year first written above. "OWNER" BY: NA:ME: TITLE: ADDRESS: Tammy de Weerd Mayor 33 East Idaho Avenue Meridian, Idaho 83642-2300 HDR ENGINEERING, lNC~ "ENGINEER" BY: NA:ME: TITLE: ADDRESS: Agreement for prOfeSSional services 3 Vice President River Quarry at Parkcenter Blvd 412 E Parkcenter Blvd Suite 100 Boise, ill 83706-6659 1-1999 EXHIBIT A SCOPE OF SERVICES (. \ ONE COMPANY I Mnnl Solurioiu'" lil~ EXHIBIT A SCOPE OF SERVICES For Geographic Information System (GIS) On-Call Services For THE CITY OF MERIDIAN BACKGROUND The City of Merjdian has made an investment in estabrishing a GIS availabJe to City users over a locaJ area network. The City Planning and Zoning Department has been using limited desktop GIS to support community pJanning activities and the PubJic Works Department has implemented a network GIS for support of water and wastewater master pJanning, to enhance responsiveness to information requests by the public, and to provide a common database of information from which others can access in the future. In late 2002, the City of Meridian contracted with HDR Engineerjng, IncK (HDR) to perform a Geographjc Information Systems Needs Assessment (Needs Assessment). The Needs Assessment helped the Public Works Department understand the many ways in which a GIS could be used to support current and future activities in the department.. In 2004, the City amended the GIS Needs Assessment contract, caUed Needs Assessment Phase 2, to purchase hardware and software, install these items, and train staff on the use of GIS. HDR has been applying GIS technology since the early 1990's and continues to deliver on projects that have involved Gl8 technology in public works civil engineering and other disciplines. These projects have included the utilization of GIS to support water distribution system, wastewater collection system, and storm water conveyance system anarysis and design, as well as assist in environmental anaJysis for water resources and transportation planning~ The purpose of this scope of work is to provide a mechanism through which City of Meridian Public Works and Information TechnoJogy staff can access the technicar expertise of HDR staff directly. SCOPE OF SERVICES Task 1: On-Call GIS Services Objective: The objective of this task is to provide technical support to the City of Meridian Public Works Department and Information Technology staff related to GIS actjvitjes~ If at any time additionaJ support is requested) HDR is available to respond on an on-call time and materiars basis. Activities: · HDR will provide miscellaneous on-carl support to answer questions from the City of Meridian Public Works Department staff regarding the operation and uses of GlS. Assumptions: · Project management activities win be included in the labor rates billed by technical staff required during task activities. · On-Call GIS Services wHf be performed with either a written request for services via e-mail, fax} or letter from the City of Meridian project managerJ or by telephone or personal conversation from the City of Merjdjan project manager. City of Meridian HDR Engineering, Inc. -1- GIS On-Call Services COnSUlting services scope Of SelVices 2/25/2005 (... . t.<:...... .. ONE COMPANY fJ\1fll1J' So!utiollJ- Hl~ · Services wilJ only be performed once confirmation of requested services has been sent from HDR staff to the City of Meridjan project manager. · The schedule to perform services wHI be negotiated at the time services are requested. Del ivelAab les : · Status report describing the services provjded in each invoicing period. Optional Tasks (not included in this scope of work): Application and Data Development The tasks described beJow focus on the many uses of GIS in the Public Works arena. Potential areas where a GIS database may be developed or where custom GIS applications coufd be created incJude: · ArclMS - Internet based GlS mapping provides an opportunity for public agencies to provide customer and rate payers ready access to informatjon vja the world wjde web~ The existing GIS system could easUy be adapted to offer external read-only access to select GIS databases for customers to access remotely. The result would Jikely be a reductjon in the amount of time that is required for PubHc Works employees to provide customers, developersJ and consurtants with requested information. · GASB 34 Asset Management - GASB 24 is a new governmental accounting standard that djrectly affects how state and locar governments report assets. Thjs may change how pavement management or other infrastructure assets are documented and reported~ This project requires that the various utility networks be appropriately attributed and is dependent upon the completion of other outsourced projects. · Potable Water Quality Monitoring - The purpose of this task is to develop an application to isolate potabfe water system contamination and notify residents also includes updating the potable water system network. This data fayer requires water network editing, jncluding additions of new water linesf revision of the accuracy of existjng water lines, or updating other network features (e.g., valves} manholes, connectors). The project also requires that the water network be assjgned appropriate NETWORK route system functionality, so that the potable water contamination notifjcation application can determine which valves serve as "stops" around the location of a detected contamination point or break. HDR wilr assist the City in establishing requirements for the applicationt identifying appropriate software, and imprementjng that software} including any necessary customization. Because the Sanitary Sewer Overfrow Reporting appHcation requires the potabJe water network as an inputJ the potable water layer must be updated first} making this project a higher priority chronoJogically. The project is estimated to take 12 months to complete. · Sanitary Sewer Overflow Reporting - The purpose of this project is to deverop an application that win compJy with all the public and government notice requirements associated with a sanitary sewage spill. The project includes an update of the GIS database of the sanitary sewer network. This data Jayer requires sanitary sewer network edjtingf including additions of new sewer lines, revision of the accuracy of existing sewer lines, or updating other network features (e.g., vaJves, manholes, connectors)" The budget estjmate includes line items for writing the computer code necessary to perform the varve cutoff identificationf identify affected parcels for notification, and generate an incident report. The Sanitary Sewer Overflow Reporting application requires both the potable water network and stormwater system network as inputs. The Ada County Highway District (ACHD) maintains the stormwater system network" Thjs project must foUow the updates to those fayers. The project is estimated to take 12 months to compJete. · Work Order Maps - This application calls for a method to generate work order maps for water and sewer system repair and replacement projects. To do this most effectively, the Public Works Department should retain a consultant to integrate the sanitary sewer and potable water system GIS networks into asset management software. Thjs project is estimated to. require 12 months to complete. · Utility Public Information Requests - This applicatjon would provide a means for Public Works Department staff to automate the process for answering questions from deveJopers about the availabiJity and location of fire hydrants and utiJity services. In particular, this application would compare the City of Meridian HDR Engineer;ng~ Inc. -2- GIS On-Call Services Consulting Sef1/ices scope Of services 2/25/2005 (~. . (,.-.: : ONE COM.PANY I,\{ttn)' Solutious" ID~ invert eJevatfon of water and sewer lines and compare those to ground elevations for the area of interest to provide information on the depth to which those lines are buried. The application woufd also provide information on the location and flow of fire hydrants. Invert elevations wouJd be acquired using a bike-GPS program or other means" This project could follow the completion of the utiJity networksJ and wourd take about 4 months to complete. · Infrastructure Condition Rating - This project would require development of an infrastructure inventory database, and data entry of historical data on repajr history. Since this is a new database, it would require attribute data entry for 100% of the CityJs road network, but assumes that ACHD's existjng roadway centerline Jayer would be used with minimal updates beyond routine maintenance. Data for water and wastewater infrastructure woufd Jargefy be produced from existjng water djstribution system and wastewater collection system hydraulic models. This project is not dependent on any other, but could be impJemented in the 2006 time frame due to its low priority. · Traffic Network Database - This project would requjre an inventory of all regulatory traffic control devices in the City, as weU as other reJevant data (e.g., traffic count locations and tabular data). Traffic co u nt information could be input into a GIS database easily by the Public Warks Department GIS staff as part of their routine data maintenance activities.. Inventories of traffic control devices (includjng signs, signals and pavement markings) could be collected by a variety of means, includjng use of GPS survey crews. VehicJes using GPS, video imaging, and other technologies are capabJe of capturing spatiaUy accurate roadway and asset data while driving at posted speed limits. Thjs is a very fast technique, and is superior to field-crew GPS sUNeys for corlection of 9,000 or more structures. Furthermore, the video imagery collected by the vehicle could be reinterpreted at any later time to extract more information, aUowing the Public Works Department to budget for the initial inventory one year, and budget for additional data extraction in later years, based on priority.. This project is not >dependent on any other, but could be implemented in the 2006 time frame due to its row priority. PERIODS OF SERVICE Task 1 Notice to Proceed - February 25,2005 Contract Expiration - October 31, 2005 COMPENSA TION Payment for Basic Services The services pertormed under this contract will be billed on a time and materials basis at the rate schedule show below for a fee not to exceed $5,000 without prior written approvar from the City of Meridian project manager. The rates shown in this scheduJe include overhead and profit, as well as project management and cost control. Direct expenses, including travel, postage/packaging, telephone/fax, printing, and other expenses wifl be biHed separatefy from the labor rates. Adjustments to labor rates wfU occur annualfy in January. Staff Member Jon MiJ Is Rick Lovel Scott Ma rti n * Labor Rate $55.00 $84.00 $95.00 * Scott Martjn's time wilJ be Hmited to less than 8 hours per week. City of Meridian HDR Engineering, Inc. -3- GIS On-Call Services COnSUlting SelVices scope Of services 2/25/2005 EXHIBIT B TERMS AND CONDITIONS i~ \. (~.... . HDR Engineering, Inc. Terms and Conditions for Professional Services 1~ STJ\NDARD OF PERFORrvtANCE The standard of care for aU professional engineering, consulting and related serv[ces performed or furnished by ENGINEER and its employees under this Agreement wfl be the care and skill ordinarily used by members of ENGINEER's profession practicing under the same or simirar circumstances at the same time and in the same !ocarity. ENGrNEER makes no \Yarrantiesl express or jmplied, under this Agreement or otherwise, in connection 'Nith ENGINEER's services. 2. INSURANCE ENGJNEER agrees to procure and maintain. at its expense, Workers. Compensation insLRnce as required by statute; Employers Uabirity of $25OJOCO; Automobile Uabmty insurance of $1.003.CJO::) combined sirgle limit for bodily injury and property damage covering aU vehicJes, including hired vehicles, owned and non-owned vehicles; Commercial General Uabifity insurance of $1 JOOO,OOJ combined singre limit for personal injury and property damage; and Professional LiabUity insurance of $1,000,000 per craim for protection against cfaims arising out of the performance of services under this Agreement caused by negligent acts, errors, or omissions for 'Nhich ENGINEER is legally liab!e. Upon requestJ OWNER shall be made an additional insured on Commercial General and Automobile Uability insurance poricies and certificates of insurance wll be furnished to the OWNER. ENGINEE R agrees to indemnify OWNER for the dalms covered by ENGJ NEER's insurance. 3" OPINIONS OF PROBABLE COST (COST ESl1MATES) Any opinions of probable project cost or probable construction cost provided by ENGI NEER are made on the basis of infOflTlation available to E NGlNE E R and on the basis of ENGI NE ERts experience and qualifications, and represents its judgment as an experienced and qualified professional engineer. However, slnce ENGINEER has no control over the cost of labort materials, equipmert or services furnished by others, or over the contractor(sl) methods of detennining prices, or over competitive bidding or market conditions, ENGINEER does not guarantee that proposalst bids or actual project or construction cost \\in not vary from opinions of probable cost ENGINEER prepares. 4~ CONSlRUC1l0N PROCEDURES ENGlNEER.s obselVation or monitoring portions of the \'VOrk performed under construction contrads shall not relieve the contractor from its responsibility for perfonning work in accordance 'Nith applicable contract documents. ENGINE ER shall not control or have charge of~ and shalf not be responsible fort construction means, methods, techniques, sequences, procedures of construction, health or safety programs or precautions connected with the \VOrl<: and shall not manage, supervise. control or have charge of construction~ ENGI NEER shan not be responsible for the acts or omissions of the contractor or other parties on the project. ENGINEER shalf be entitled to review all construction contrad documents and to require that no provisions extend the duties or liabilities of ENGINEER beyond those set forth in this Agreement. OVVNER agrees to include ENGINEER 8S an indemnified party in OWNER.s construction contracts for the work, which shall protect ENGINEER to the same degree as OWNER. Further, OWNER agrees that ENGINEER shafJ be listed as an additional insured under the construction contractor's Uability insurance policies. 5. CONTROWNG LAW This Agreement is to be governed by the raw of the state 'Nhere ENGINEER's services are performed. 6. SERVICES AND INFORMATION OWNER will provide aU criteria and Information pertaining to OWNER1s requirements for the project~ including design objectfves and constraintst space, capacity and performance requirementsj flexibility and expandabilityJ and any budgetary Hmitations. OWNER win arso provide copies of any OWNER-fumished Standard Details, Standard SpecifICations, or Standard Bidding Documents which are to be incorporated into the project. OW'NER will fumish the services of soils/geotechnical engineers or other consuttants that include reports and appropriate professional recommendations vdJen such services are deemed necessary by ENGINEER. The CWNER agrees to bear rull responsibility for the technfcal accuracy and content of OV\/NER..fumished documents and services. In performing professional engineering and related services hereunder. it is understood by OWNER that ENGINEER is not engaged in rendering any type of legal t insurance or accounting services. opinions or advice~ Further, it is the OWNER's sole responsibiUty to obtain the advice of an attorney, insurance counselor or accountant to protect the OWNERts regal and financial interests. To that end, the OWNER agrees that ONNER or the OWNER's representative win examrne aU studiesJ reports. sketchest dravvings, specifications, proposa[s and other documents, opinions or advice prepared or provided by ENGINEERl and win obtain the advice of an attorney, insurance counselor or other consultant as the OWN ER deems necessary to protect the OWNER's interests before OWNER takes action or forebears to take action based upon or relying upon the services provided by ENGIN EER. 7. SUCCESSORS AND ASSIGNS OWNER and ENGINEER, respectively, bind themselves, thejr partners, successors. assigns. and fega! representatives to the covenants of this Agreement. Neither OWNER nor ENGINEER WU assign, sublet. or transfer any interest in this Agreement or cfaims arisirg therefrom without the written consent of the other. 8. REJJSE OF DOCUMENTS AU documents, including an report8~ dra'Ningst specifications, computer sofhNare or other items prepared or fumfshed by ENGINEER pursuant to this Agreement, are instruments of service with respect to the project. ENGJN EER retains ownership of aU such documents. OWNER may retain copies afthe documents for its infonnation and reference in connection \oVith the project;ho'NeVer, none of the documents are intended or represented to be suitable for reuse by OWNER or others on extensions afthe project or on any other project. Any reuse lNithout written verification or adaptation by ENGINEER for the specific purpose intended VJiU be at OWNER~ sole risk and VJithout fiability or legal exposure to ENGINEER, and OWNER v-.;n defend, indemnify and hold harmless ENGINEER from aU claims, damages, losses and expenses. including attorney's fees, arisjng or resulting therefrom. Any such verification or adaptation wiU entitle ENGINEER to further compensation at rates to be agreed upon by OWNER and ENGINEER. 9~ TERMINATION OF AGREEMENT OWNER or ENGINEER may terminate the Agreement. in whole or in part, by giving seven (7) days \Mitten notice) if the other party substantially faifs to fulfill its obUgations under the Agreement through no fault of the terminating party. Where the method of payment is "lump sum,.' or cost reimbursement, the final invoice 'Nill include aU services and expenses associated with the project up to the effective date of termination. An equitabJe adjusbnent shaU afso be made to provide for termination settlement costs ENGI NEER incurs as a result of commitments that had become firm before tenninationJ and for a reasonable profit for services performed~ 10. SEVERABIUTY If any provision of this agreement is held jnvalid or unenforceableJ the remaining provisions shall be valid and binding upon the (10f2(X)1) parties. One or more Viaivers by etther party of any provision, term or condition shall not be construed by the other party as a waiver of any subsequent breach of the same provision, term or condition. 11~ INVOICES ENGtNEER v.1U submit month1y invoices for services rendered and OWN ER will make prompt payments in response to E NGJN EE Rts invoicest ENGIN EER wJI retain receipts for reimbursable expenses in general accordance Vlith IntemaJ Revenue Service rules pertaining to the support of expenditures for income tax purposes. Receipts will be available for inspection by OWNER's auditors upon req uest. If OWNER dfsputes any items in ENGINEER's invoice for any reason} including the lack of supporting documentationt OWNE R may temporarily delete the disputed item and pay the remaining amount of the invoice~ OWNER will promptly notify ENGINEER of the dispute and request clarification and/or correction. After any dispute has been settled, ENGINEER VIlli include the disputed item on a subsequent. reguJarty scheduled invoiceJ or on a special invoice for the disputed item only~ OWNER recognizes that late payment of invojces results in extra expenses for ENGI NEER. ENGINEE R retajns the right to assess OWNER interest at the rate of one percent (1%) per month~ but not to exceed the maximum rate alJo\Yed by !aWl on invoices 'Nhich are not paid within forty.fwe (45) days from the date of the invoice. In the event undisputed portions of ENGINEER's invoices are not paid \Nhen due. ENGINEER also reserves the rightt after seven (7) days prior written notice, to suspend the performance of its services under this Agreement until all past due amounts have been paid in fufl. 12. CHANGES The parties agree that no change or modification to this Agreementt or any attachments hereto, shall have any force or effect unress the change is reduced to v.fiting t dated. and made part of this Agreement~ The execution of the change shall be authorized and signed in the same manner as this Agreement. Adjustments in the period of san/ices and in compensation shan be in accordance Wth applicabfe paragraphs and sections of this Agreement. Any proposed fees by ENGINEER are estimates to perfonn the services required to complete the project as ENGJNEER understands it to be defined. For those projects invol\ling conceptual or process development services. activities often are not fulry definable in the initial pJanning~ In any event. as the project progressesJ the facts developed may dictate a ohange in the services to be perfonnedJ 'Nhich may after the scope. E NGrNEER will inform OWNER of such situations so that changes in scope and adjustments to tile time of perfonnance and compensation can be made as required~ If such changel additjonal servicesl or suspension of services resutts in an increase or decrease in the cost of or time required for performance of the servicest an equitable adjustment shaH be made, and the Agreement modified accordinglYR 13~ CONTROLUNG AGREEMENT These Tenns and Conditions shall take precedence over any inconsistent or contradictory provisions contained in any proposal I contract, purchase order, requisitionJ notice-to-pmceedJ or like document. 144 EQUAL EMPLOYMENT AND NONDISCRIMINA1l0N In connection with the services under this Agreement} ENGIN EER agrees to comply vvith the applicable provisions of federal and state Equal Employment Opportunity] and other employmentJ statutes and regulations. 154L HAZARDOUS MATERIALS OWNER represents to ENG1NEER thatJ to the best of its knowtedge, no hazardous materials are present at the project site~ HoweverJ in the event hazardous materials are known to be Tenns & Conditions for Professional SelVices (0" present1 OWNER represents that to the best of its knolNledge it has disclosed to ENGI N EER the existence of all such hazardous materials. including but not limited to asbestos, PCB'St petroleum J hazardous Vv'aste, or rad roactive material roeated at or near the project sltet including typeJ quantity and location of such hazardous materials~ It is acknowledg eel by both parties that ENGfNEERts scope of services do not include services related jn any way to hazardous materials. In the event ENGINE E R or any other party encounters undisclosed hazardous materialsJ ENGI NE E R shall have the obligation to notify OWNER and, to the extent required by law or regulationl the appropriate governmental officials. and ENGrNEER may, at its optio nand witho ut ] i ab i lily for delay J co nse q u entia I or any other damages to OWNERJ suspend perfonnance of seJVices on that portion of the project affected by hazardous materials until OWNER: (i) retains appropriate specialist consuttant(s) or contractor(s) to identify andf as appropriateJ abate, remediateJ or remove the hazardous materials; and (ii) Ylarrants that the project site is in fun compliance 'Nith all appficabfe laws and regulations. OWN ER acknowtedges that ENGINEER is perfonning professional services for OWNER and that ENGINEER is not and shall not be required to become an ~rranger.. Moperator, n llgenerator~"' or tltransporter" of hazardous materia[s. as defined in the Comprehensive Environmental Response, Compensation, and UabUify Act of 1990 (CERCLA). Ylhich are or may be encountered at or near the project site in connection with ENGINEER's services under this Agreement. If ENGINEER.s services hereunder cannot be performed because of the existence of hazardous materials, ENG I NE ER shall be entitred to terminate this Ag reement for cause on 30 days written notice. To the fullest extent pennitted by law, OWNER shall indemnity and hold hannless ENGINEER, its officers, directors, partners, employeesl and subconsuJtants from and against afl costs. losses. and damages (including but not Jimited to all fees and charges of engineers~ architects. attorneys, and other professionals, and aU court or arbitration or other dispute resolution costs) caused by, arising out of Dr resulting from hazardous materials, provided that 0) any such cost, loss. or damage is attributable to bodily injuryJ sickness. disease~ or deathJ or injury to or destruction of tangible property (other than completed Work), including the loss of use resulting therefrom. and (il) nothing in this paragraph shall obligate OWNER to indemnify any individual or entity from and against the consequences of that individuarts or entity's sole negligence or YJiI [ful m isco nd uct. 16. EXECUTION This Agreement, includill1 the exhibits and schedules made part hereof, constitute the entire Agreement beWeen ENGJ N EER and OWNER, supersedes and controls over aU priorv.nitten or oral understandjngs~ This Agreement may be amended~ supplemented or modified only by a VJTitten instrument duly executed by the partfes4 17. UMITATlON OF UABIUTY ENGINEER1s and its emp[oyees~ total liabmty to OWNER for any loss or damage, including but not llmited to special and consequential damages arising out of or in connection 'hith the performance of services or any other cause, including E NGINEERJs and its employees. professional negligent acts. errorsr or omissions, shall not exceed the greater of $5O~OO() or the total compensation received by ENGINEER hereunderJ except as otherYJise provided under this AgreementJ and OWNER hereby releases and holds hannless ENGINEER and its employees from any liability above such amount. 18. UTIGAnON SUPPORT In the event ENGINEER is required to respond to a subpoenaJ government inquiry or other legal process related to the services in connection with a legal or dispute resolution proceeding to which ENGJNEER is not a party, OIVNER shall reimburse ENGINEER for reasonable costs in responding and compensate ENGJ NE ER at its then standard rates for reasonable time incurred in gathering information and documents and attending depositions ~ hea ri ngs t and tri a 1. 2 (1012001 ) (n . March 11, 2005 MERIDIAN CITY COUNCIL MEETING FP 05-015 March 15, 2005 APPLICANT Brighton Development, Inc~ ITEM NO. 9 REQUEST Final Plat approval for 2 office building lots on 2.44 acres in a R-8 zone for Quenzer Commons Subdivision No.8 - west of Locust Grove Road & north of Ustick Rd. 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: SEITlERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached staff Comments St:.e~\::\~ toro~ Contacted: Emailed: Phone: 31 ~II!- Materials presented at public meetings shall become property of the City of Meridian. b~f\~ '5 e, b\l~~l\ corf\ COfYl Doa ( (. MAYOR Talnlny de Weerd CITY COUNCIL l\11ElVIBERS Kei tl1 Bird ChristiJIC DonJleII Sl13UIl Ward le Cllarles M. ROulltrce "~~~ ~J \1 r U.L-\HC) ) iA 1; . I an ~~...~fi PUBLIC \\'ORKS BUILDING DEPART~"lENT (208) 898-5500 · Fax (208)898-9551 ( ~ J "I ~ r; t".) ~~ PLANNING AND ZONING D EP ART1\il ENT (208) 884-5533 · F A)C 888-6854 STAFF REPORT: Hearing .Date: March 15, 2005 To: Mayor and City Council .f11l Sonya Allen, Assistant City Planner (..~. Bruce Freckleton, Development Services Manager .1:11 ~iG~i C 1=f l~~'Tw Dl c \~ I. ~ oJ 11 1l.:A V ~..:-: "::0-.: V;,.r.-3 ~......... ..Ii ~ .From: f~4~R 1 n 7n05 ~ ~~ fN.~ i ~ <.-.'- ~U :Re: Quenzer Commons Subdivision No.8 {)ity Of I\1eridiful City Clerk Office .Final Plat approval of Two (2) Building Lots on 2.44 Acres in a proposed C-N. Zone (currently R-8 zone), by Brighton Development, Inc~ (File No. FP-05-015). We have reviewed the above referenced submittals and offer the following comments, as conditions of a.pproval. These conditiO.lls shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY & LOCATION T.he ap.plicant, Brighton Developlnent, Inc., 1188 applied for Final Plat approval of 2 building lots 011 2.44 acres of land for Quel1zer COIUJnOnS Su.bdivision No.8. The zoning designation for tIle proposed subdivision is R-8 (Medium Density Residential) ao.d was approved for COllltnercial use as part of the 20% land use exception ap.proved with the conditional use pe11n.it/planned develo.p.ment. A reZOl1e applicatio.n is curre.ntly in process tllat would c.hange the ZOllil1g designation to C-N (Neigl1borhood Commercial) for tIle cOffilnerciaI portion of tIle developtnel1t if approved. Quenzer COlTI1TIOnS Subdivision N.o. 8 is located on the west side of N. .Locust Grove Road, a.pproxilnately 12 mile north of E. Usticl( Road, in tIle SE ~ of Section 31, T.4N., R.IE. This subdivision was prelinlinary :platted under the name of Heritage COlTIlnOnS S.ubdivision. The submitted final plat substantially cOlnplies with the approved :preliminary.plat. Staff recolumends approval of tIle fi 11 al plat witll tIle comments and conditions stated in this report. SITE SPECIFIC COMMENTS / :FINAL PLAT FPMOS-O 15 Quenzer commons SUbS FPodoc (" ~~. Mayor & City Council Hearing Date: Marc.h 15,2005 Page 2 1. Applical1t shall meet all tenns of the approved Prelilninary Plat (P.P-02-007), Conditional Use Permit/Planned Developlne.nt (CUP-02-007), and Developluent Agreelnent (lust. N.o.l02078396). 2. Tem.porary construction fencing :is not required along the bo.undaries of this ph.ase. The applicant subtnitted a construction debris contaimne.nt plan/letter as :part of the prel:iluinary plat applicatio.n. 3. Street buffer landscaping alon.g N. Locust Grove Road was installed with Quenzer COlTIlTIOnS Subdivision phase. 3. 4. The pressurized irrigation systelTI within this development is to be owned and .maintained by the Owner's Associatio.il. The City of Meridian requires that pressurized irr.igatio.n systelTIS be sup.plied by a year-round source of water. If a creek or well so.urce is not available, a single-point c01ll1ection to tIle culinary water system shall be required. Plal1s and specificatiol1s for the irrigation system shall .be reviewed by the Public Warks Departlnent as part of the developtnent plan review process, and a draft copy of tIle pressurized irrigation systeln O&M manual must be subluitted p.rior to .plan approval. If a single-point connection is utilized, the developer sllall be responsible for th.e payment of assess.ments for the ilTigable COlTIlTIOn areas prior to signature on tIle final plat by th.e Meridian City El1gineer. 5. Street signs are to be in place, water system shall be a.pproved and activated, pressurized irrigation system approved alld activated, drainage lots constructed, fencing installed, and road base approved by the Ada Cou.nty Higllway .District prior to applying for building permits. All develoPlnent improvements, il1clu.ding perilneter fencing, irrigation, al1d landscaping shall be installed and approved prior to obtaining certificates of occu.patlcy. A letter of credit or cash surety :in the atnount of 11 0% will be required for all fellcil1g, landscaping, .pressurized irrigatiol1, alnenities, sanitary sewer, water, etc., .prior to signature on the final plat. 6. Sanitary sewer and. lTIunicipal water services to tl1is site sIlall be via extensions fi~oln existing mains. Applicant will be responsible to COllstruct the sewer al1d water mains to al1d through this proposed develo.pmel1t, there.by makin.g theln available to adjacent properties~ Subdivision designer to coordinate .main sizing and routing with the Pu.blic Warks Departlnent. Applicant shall execute City of Meridial1 standard fonns of easelnents, for any luains that are required to provide service. 7. Applicant shall be required to pay Public .Works develoPlnent plan review, a.nd constructiO.ll inspection fees, as detel1ni.ned during the plan review process, prior to signature on the final plat per Resolution. 02-374. 8. Please SUbluit all updated groundwater/soils m.onitoring data to the Pu.blic Works Departmel1t for review. Any drainage areas (detentionlretelltio.n. .basins) lnust be designed to ensure that water. is retail1ed only during lOO-year storm events, and for a period of time not to exceed 24 11ours. Side slopes within drainage areas sha11110t exceed 3: 1.. Any portion of a drai.nage area not ilnproved witll sod/grass seed (or other approved FP-OS-015 Quenzer commons SUbS FPodoc (::-::. :. . Mayor & City Council Hearing Date: March 15,2005 Page 3 landscaping) shall not count towards the required o.pen space area. The .project engineer sllould pay close attention to the results of field studies d.eterminil1g the groundwater, soil type & and characteristics d.uring the desigtl and construction pllases. The engineer shall be required to certify th.at tIle street cel1terline elevations are set a mil1imUlTI of 3-feet above the highest established no.nnal groundwater elevation4 9. COlnplete the Certificate ofOw.ners and its accolnpanying Ackn.owledge.ment. 1 O. Ap.plicant shall comply with the item #8 of tile Findin.gs of Fact and Conclusions of Law and Order of Conditio.nal Approval of the preliminary plat, which reads: There is an existing, ],300 Joot long, 20-foot wide ingress-egress easement adjacent to the north boundary which provides Locust Grove Access for the two Crestwood Subdivision lots and the unplatted .parceL The easement appears to lie entirely within the Heritage commons boundaryc The applicant shall submit evidence that the easement oj record permits the applicant to dedicate a public road over the top of said easement lvithollt vacating the easement and without obtaining consent of the beneficiaries of the easement 11. Applicant sllall be responsible for application and cOlnpliance with any Section 404 Pennitting that Inay be required by the Anny Co.rps of.E.ngineers. 12. Applicallt shall be responsible for application and cOln:pliance with and NPDES Pennitting that Inay .be required by the Environmental Protection Agency. 13. PJease add or revjse the foUowing plat notes on the plat dated 2/14/05: (10.) Add a note pertainitlg to the Rig.ht to Fann Act. 14. Staffs failure to cite specific ordinance provisions, or terms of the ap.proved prelilninary plat, COl1ditional use permit or develo.pment agreelnent does not relieve the Applicant of respol1sibility for cOln:pliance. GENERAL .REQUIREMENTS 1. Any tree over 4" in caliper that is rem.oved froln tIle .property shall be replaced .by installing additional trees, being the equivalent nUlnber of caliper inches of trees that were relTIoved. Required landsca.pil1g trees will not be co.nsidered as replacement trees for those trees that l1ave to be relnoved. 2. All irrigation ditc:hes, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and co.ntiguous to the area .being subdivided shall be tiled per City Ordinance 12-4-13. Plans will n.eed to be approved by the appropriate irrigatio.n/drainage district, or lateral users association (ditch owners), with written approval or non-approval s.ubmitted to the Public Works Department If lateral users association approval. can't be obtained, plans will be reviewed and approved by the .Meridian City Engilleer prior to final plat signature FP-OS-O 15 Quenzer COlnmons Sub8 FP.doc (... (~~..... : . ~.:.:... : Mayor & City Council Hearing Date: March 15, 2005 Page 4 3~ A.ny existing dOlnestic wells and/or septic systems within this project will have to be reIn.oved from tlleir d.omestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 4~ Two-l1ul1dred-watt, hig.h-pressure sodiulTI streetlights will be required at locations designated by tIle Public Works Depal1ment All streetlights shall be installed at subdivider's expe.nse. Typical locations are at street intersections and/or fire hydrants. Final design locatiollS and. quantity are detennined. after power designs are completed by Idaho Power Co:mpal1Y~ The street ligl1t contractor shall obtain design and permit from the Public Works Departlnent prior cOlnmencing il1staIlations. 5. COlnpaction test results must be submitted to tIle Meridian Building Departlnent for all building .pads receiving engineered backfill, w.here footing would sit atop fil11naterial~ 6. Coordinate fire l1ydrant placelnent with the City of Meridian. Public Works Departlnent. 7. Developer shall coordillate :mailbox locations with the Meridian Post Office. ST AF.F RECOMMENDATION StaffreCOI1Unends approval of the final plat with the above stated COffilnents and COllditions. FPMOS-O 15 Quenzer commons SUbS FPodoc ; l ,'_. n \~~. MAYOR Tammy de Weerd LEGAL DEPARTMENT (208) 466~9272 · FAX 466-4405 PARICS & RECREATION (208) 888-3579 · Fax 898-550 1 PUBLIC WORKS (208) 898-5500 · Fax 887~] 297 BUILDING DEPARTMENT (208) 887-2211 · Fax 887-1297 PLANNING & ZONING (208) 884-5533 · Fax 888~6854 CITY COUNCIL MEMBERS S11uun Wardle William L. M. Nary Charles M. Rountree Keith Bird TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council please submit your comments and recommendations to Meridian City Hall Attn: Will Berg, City Clerk, by: March 8, 2005 Transmittal Date: February 25,2005 Hearing Date: March 15, 2005 File No.: FP 05~015 Request: Final Plat approval for 2 office building lots on 2.44 acres in a R-8 zone for Quenzer Commons Subdivision No 8 By; Brighton Development, Inc. Location of Property or Project: west of Locust Grove Road & north of Ustick Road ~ David Zaremba, P/Z (NoFP) David Mae, P/Z (No FP) Wendy Newton-Huckabay, P/Z (NOFP) Michael Rohmf P/Z (NoFP) Keith Borup, P/Z (No FP) Tammy de Weerd, Mayor Charlie Rountree, C/G Christine Donnell, C/C Keith Bird, C/G Shaun Wardle, C/C Water Department Sewer Department Sanitary Service (No VAR, VAC, FP) Building Department Fire Department Police Department City Attorney Your Concise Remark · City Engineer City Planner Parks Department Meridian School District (NoFP) Meridian Post Office (FPIPPonfy) Ada County Highway District Ada County Development Services Central District Health Nampa Meridian Irrig~ District Settlers Irrigation District Idaho Power Co. (FP~ PP, CUP) Qwest (FPIPP only) Intermountain Gas (FPIPPonly) Bureau of Reclamation (FPIPPonlyj Idaho Transportation Department (No FP) Ada County Assess. Land Record~l Meridian Development Corporation Historical Preservation Commission ~~~ r1P~ . f.t ..::. .'. _' ~ ) · :.~ ....~ ; '.~ \:. f ~- __ ~f7\ -sr ~(f T lei' l~. Ui1 E J \ r0 l-A l1 \! t.1 I l % 1.; L~# if''' ~ *\ D It f:if .ft--,iJ ~s...--/ ...~'- \) nfl._A ~J . tr) & f\ :il~ no~ M.p.~\\ t tr U ~ FER ? 0 0~~r;; AlP 6 ~ U L tj!j~~J .(..~it,.v Of I\I1.eridian ~ ..... . I or~ [1 :~...: \ ., ) ... {.-.;, 1 {).1....1 J. ~. t 1 C. ~.~ ~:~ ..J ll;.:l.' "-- J t...:~ ~ ~ .. ~ ~~~ .t;'~ ...~~~ RID IAN . . < i. l~~ } .i~ 1 ~l~w.J.. , .,~, f" ~r-<..~~ <.~ .~1 /\ rif"!1i{' R DEPT r, ..~. ~. ~<~ ~ l. s! 1 %." \: C.:J...i JCJ 0 33 EAST IDAHO AVENUE. MERIDIAN; IDAHO 83642. (208) 888-4433 City Clerk Office Fax (208) 888-4218 0 Human Resources Fax (208) 884~8723 · Finance & Utility Billing Fax (208) 887_4813 .~: f.. Rezone # Conditional Use # Preliminary / Final/Short Plat ~ /> t!:)S' - CJ / J G(,LEP ze!2- t20lrljJ,{1J1tAS 0.~f3lJ/t//s-//)d CENTRAL DISTRICT HEALTH DEPARTMENT Environmental Health Divisio ECEIVED t~AR 1 0 2005 ~y Return to: o Boise DEagle o Garden City ~eridian o Kuna DACZ o Star City of Meri d i an ~ify C'lprk Office o 1. We have No Objections to this Proposal. o 2. We recommend Denial of this Proposal. o 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. o 4. We will require more data concerning soH conditions on this Proposal before we can comment. o 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: o high seasonal ground water 0 waste flow characteristics o or bedrock from original grade 0 other o 6~ This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or surface waters. o 7. This project shall be reviewed by the Idaho Department of Water Resources concerning weJl construction and water avai labi I ity. 8. After writte approval from appropriate entities are submitted, we can approve this proposal for: central sewage 0 community sewage system 0 community water wen interim sewage 0 central water o individual sewage 0 individual water 9. The folrowing pran(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Divisi on f. nvi ro nmental Quality: entral sewage community sewage system 0 community water o sewage dry lines ntral water . Run-off is not to create a mosquito breeding problem. o 11. This Department wouJd recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. o 12. rf restroom facilities are to be instaUed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations~ o 13. We will require plans be submitted for a plan review for any: o food establishment 0 swimming pools or spas o beverage establishment 0 grocery store o child care center 4. Please see attached stormwater management recommendations o 15. Reviewed By' 15726.001 EH0904 ReView Sheet (v \ ~ CENTRAL ~ee DISTRICT \ \ \. b.... DEPARTMENT - · MAIl~ OffiCE · 707 N. ARMSTRONG PL a BOISE. ID 83704-0825 0 (20B) 375-5211 · FAX 327.8500 To prevent alld treat"dise,ase GIld disability; to prOllJote healt/I] IlfestJilcs; al!d to protect 4IJd prOll1ot~ the It.ealth and qllality of OUI" etlVirOlzmenL STORM WATER MANAGEMENT RECOMJ\1ENDATIONS It is recommended that storm water be pre-treated prior to discharge to the subsurface to prevent impact to ground water and smf~ce water quality. The engineers. and architects involved with the design.ofthis project should obtain . cmrent best lllanagement practices for stOiTIl water disposal and design a stonn water management system that is preventing groundwater and surfac'e water degradation~ M~uals that could b~.used for guidance are: , State ofldaho Catalog of Sto nn water Best Management Practices For Idaho Cities and Counties. Prepared by the Idaho Departm.ent of Environmental Quality, July 1997., Stormwater Best Management Practices Guidebook Prepared by City of Boise Public Works Department, May 2000. Ada I Boise County ani ce 707 U. Armstrong PL Bejsel ID 83704 En viro I Health: 327..7499 Fanuir Planning; 327-7400 -lmmunizatiDn~ 327...7450 Serving Valley, Elnlore, Beise, and Ada Counties Elmore County Office 520 E~ 8th St, tJorth Mountain Home, to 83647 Envirol Health: 587..9225 FamUy Health:. 587--4407 Wlr~ ~~7....AA.nQ Valley County Office 703 N. 1st St ~o. BOX 1448 McCaU.oID 83638 Ph. 63+7194 CAY. C~~_"i-rJl und.l J rev D303 ( (:.---. . . RECEIVED MAR 1 1 2005 City of Meridian City Clerk Office & 1503 FIRST STREET SOUTH NAMPAJ IDAHO 83651-4395 FAX # 208~463-0092 7 MarcIl 2005 Phones: Area Code 208 OFFrCE: Nampa 466-7861 SHOP: Nampa 466-0663 William G. Berg Jr., City Clerl( City of Meridian 33 East Idaho Ave. Meridian, ill 83642 RE: FP 05-015 Final Plat for Quenzer Commons S:ubdivision No.8 Dear Will: Nalnpa & Meridian Irrigation District has no com.ment on the above referenced application for Final Plat approval for two office building lots on 2.44 acres in a R -8 zone for Quenzer Commons Subdivision No.8. Sincerely, IJ;U ;J~ Bill Henson }\.sst. '.^l ater Superintendent Nal11pa & Meridian Irrigation District BH/dbg c: File - Office/Shop APPROXIIv\A TE IRRIGABlE ACRES RIVER FLOW RIGHTS ~ 231000 BOISE PROJEG RIGHTS - 40 tOaD ...... ( March 11 , 2005 MERIDIAN CITY COUNCil MEETING APPLICANT March 15, 2005 ITEM NO~ s-p REQUEST Change Order No.2 for an Additional Pressure Reducing Valve with Star Construction 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: SETfLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached --l_~n__.~_l Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become properly of the City of Meridian.. ."<;"""~."~:\Er~~ Ct. -~,~ E" I~V." ". E~ - . -.. "I' I .......... - t~AR 1 0 2005 ClT.Y OF MERIDIAN C!~ryfCLERK OFFrCE To: William Berg, Jr. From: Lenard Grady CC: Brad Watson ~~ Date: 3/1 0/2005 Re: Proposed Agenda Items for March 15, 2005 Cjty Council Meeting The Public Works Department respectfully requests the following item(s) be placed on the March 15 City Council consent agenda: GIS On Call Services - HDR: Attached is a contract with HDR for GIS consulting s8Nices. HDR installed the GIS hardware and software. This contract will be Not-ta-exceed $5,000. Recommended Council Action: The Public Works Department recommends that City Council approve the Agreement with HDR for ON Call GIS SUPP9rt for $5,000.00 and authorize the Mayor to sign it. '* Additional Pressure Reducinq Valve - Chanqe Order #2 - Star Construction: Attached is change order #2 with Star Construction for an additional PRV Station on Leighfield, west of Locust Grove. This PRY will also serve as a Pressure Relief Valve, in the unlikely event that pressure gets to high~ Change Order #1 also added an addition PRV station and Telemetry for 5 PRV Stations. The current contract price is 197f112.95~ With this Change Order of $17,973.00, the total contract price will be $215J085.95. Recommended Council Action: The Public Works Department recommends that City Council approve the Agreement with HDR for ON Call GIS support for $5,000.00 and authorize the Mayor to sign it. From the desk of. & . Victory Road/Meridian Road Water Main: Four bids were received on this project ranging from $342,135.00 to $397,403.00. Paul construction was the Lenard Grady Staff Engin eer Meridian Public Works Department 660 E. Watertower,. Suite 200 Meridiant Idaho 83642 . Page 1 (208) 898-5500 Fax: (208) 898 ~9 551 gradyl@meridiancity,org /:" { apparent tow bid. This contract includes the Meridian Road Crossing with a bore. Recommended Council Action: The Public Works Department recommends that City Council approve the Contract with Paul Construction for Water Main on Victory Road including a Meridian Road boar for $342, 135.00 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. . Page 2 ( ( ~..~ . CHANGE ORDER NO. 2 No.2 DATE OF ISSUANCE 12/1 0/2004 EFFECTIVE DATE 3/15/2005 OWNER City of Meridian CONTRACTOR: Star Construction Contract: Hioh Zone Pressure Reducina Valves (PRVs) ENGINEER You are djrected to make the following changes in the Contract Documents: Description: 1 ) Additional PRY valve equipment on Leighfield and Locust Grove. Attachments: (List documents supporting change): Quote from Star Constuction. CHANGE IN CONTRACT PRJCE: CHANGE IN CONTRACT TIMES: Original Contract Price $_119.709.95 Original Contract Times: Substantial Completion: 11/14/2004 Ready for final payment: 11/14/2004 (days or dates) Net change from previous Change Orders No. _1_ to No. 1_: Substantial Completion: Ready for final payment: 120 (days) Net Increase (Decrease) from previous Change Orders No.~to-L $ 77 t403.00 Contract Price prior to this Change Order: $ 197.112~95 Contract Times prior to this Change Order: Substantial Completion: 31/14/2004 Ready for final payment: 3/14/2004 (day~ 0 r dates) Net increase (decrease) this Change Order: Substantial Completion: 60 Ready for final payment: 60 (days) Net increase (decrease) of this Change Order: $ 17 .973~OO Contract Price with all approved Change Orders: $ 215t085~95 Contract Times with all approved Change Orders: Substantial Completion; 5/14/2005 Ready for final payment: 5/14/2005 (days or dates) By: Mayor De Weerd Date: Date: EJCDC 1910-8-8 (1996 Edition) Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated General Contractors of America and the Construction Specifications r nstitute. Attest: WHliam Berg JLt City Clerk CouncH ApprovaJ 3/15/105 APPROVED: 03/07/2005 13:27 21382857947 STAR CONSTRUCTION ('.... PAGE 02 PROPOSAL STAR CONSTRUCTION, L.L.C. P~OM Box 157 Star, ID 83669 Bus; (208) 286-9198 Ancil- Cell.: 867-7082 Fax: (208) 286-7947 Prooosa! Subntitted To: City of Meridian Street: 660 E Watertower Lan.e'! Suite 200 City, State ~ Ziv Code~ Meridian. 10 83642 ArchitectJEneineer: N/ A We hereby submit specifications and estimates for~ Ph 884-8116 Fax 887-1297 Date: 3-07.05 Job Name: Locust Grove PRVlLehi Job Location.: MeridiaIL ill Date of Plans: Nt A Revisions: 3...07..0 S Install 1 0" mechanical items in PR V vault at Locust Grove Modify operating p(ocedures to include surge relief feature 16,856.00 1, 1 ] 7. 00 Total $17 ~973.00 Note: This quote includes (2) 4/20 MA pressure transducers but no electrical conduits? wiring or Seada interfacing& This estima.te is tor completing the job as describe:d above. It is balled on Qur evaluation and does not it1cludt: materia! pricc increases or iidditionnl labor aJ)d materials whidJ may be required ~houJd unforC1JeetJ problemz or adverse wc.athe:r conditions ,arise a,fter the work has started. We hftcby propose to furnish labor BIld materials - complete in accordance "7th the above specifications, for the sutn of Seventeen Thou&lIld Nine Hundred Seventy-lnree no/l00 dollars ( $1.7;t973.00) vf.ith payment to be made as follows: As per contract or \1pan compl~tion and or monthly progress estimates paid by the tenth of the month follo\ving billi.ng. Any bat;k charges tha1 would affedldecrease tbis proposal/contract amoUltt mWit be signed by Star Construction; L.L. C,) or they will be considered invalid. AU material is guarantetd to be .as spec;fied. AIl work. to be completed in a "vorkmanJike manner acCording to standard p.r:iClic~ Any altemtion or de ' iQn ftom above specifications mvolv1ng enra C()5b;~ win be executed only upon ,witten orders~ and will become all C(..'1fB. charge OV.t:r and above the cm:ima. All greeinenh: contiragen.t upon strik.cfi;\ a.ccident.~ Of dt;:!lay:; beyond our cont.rQl. OUr workc::rs arc fully co-Yered b}r W<l:f .5 CDmpe08S.tion insurance and co tmet' n liobi4.ty. NOTE: This proposal may b~ withdra.wn by 116 jf not 3ccoptcd within fifteen day~. . Authorized SignilhlI"c _. . Acceptance of Proposal The above prices, specifications and conditions are satisfactory and are hereby accepted~ You are authol1,-;ed to do the work specified. Payment -will be made as outlined. above. Accepted: Signamre Date: Signature \ March 11, 2005 MERIDIAN CITY COUNCIL MEETING March 15,2005 APPLICANT ITEM NO. 5-Q REQUEST Award of Bid for Victory Road I Meridian Road wafer Main to Paul Construction AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORN EY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTH ER: See attached Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. (,.: (<.-.. '. \...~.. . . .. . . . . . '" '. '. '. . . . . . .... . .' . . ..... .. . :.' .... ." . '.' .' .: ". . .' .:'.' ': .: .:: . . ': . :' ..' . City of Meridian:.:.....:.;........:....:.:. .... .. . P.ublic Wo.rk~..:...~~'~...i..:.: :.:.i... ..: .s: ~'~E.CE . MAR 1 0 2005 CIT.V OF MERIDIAN crrV,rCLERK OFFICE To: William Berg, Jr. From: Lenard Grady cc: Brad Watson ~~ Date: 3/1 0/2005 Re: Proposed Agenda Items for March 15, 2005 City Council Meeting The Public Works Department respectfully requests the following item(s) be placed on the March 15 City Council consent agenda: GIS On Call Services - HDR: Attached is a contract with HDR for GIS consulting services. HDR installed the GIS hardware and software. This contract win be Not-ta-exceed $5,000. Recommended Council Action: The Public Works Department recommends that City Council approve the Agreement with HDR for ON Call GIS supp~rt for $5,000..00 and authorize the Mayor to sign it. Additional Pressure Reducino Valve - Chanqe Order #2 - Star Construction: Attached is change order #2 with Star Construction for an additional PRV Station on Leighfiefd, west of Locust Grove~ This PRV will also serve as a Pressure Relief Valve, in the unlikely event that pressure gets to high. Change Order #1 also added an addition PRY station and Telemetry for 5 PRV Stations. The current contract price is 1 97, 112.95. With this Change Order of $17J973.00, the total contract price will be $215f085.95. Recommended Council Action: The Public Works Department recommends that City Council approve the Agreement with HDR for ON Call GIS support for $5,000.00 and authorize the Mayor to sign it. From the desk of. . ~ '* Victory Road/Meridian Road Water Main: Four bids were received on this project ranging from $342, 135.00 to $397 ,403.00. Paul construction was the Lenard Grady Staff Engineer Meridian Public Works Department 660 E. Watertower, Suite 200 Meridian~ Idaho 83642 . Page 1 (208) 898~5500 Fax: (208) 898-9551 grady l@meridiancity.org ( apparent low bid. This contract includes the Meridian Road Crossing with a bore. Recommended Council Action: The Public Works Department recommends that City Council approve the Contract with Paul Construction for Water Main on Victory Road including a Meridian Road boar for $342,135.00 and authorize the Mayor to sign it. Thank you for your consideration. 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"- Q) ~ ~ ...... ......, '- co ....,. 0 - 0 0 Ci -::= .c:::; %ga~~~~~~~~~~~~~~~~~~~~~~~~$~~~~I~rnEOC~ ro x ~ E:J:J:3:J:;:J:J::J::S::J::J Ql- - NNCoNNC\JN<O- - N~- ~ 0 00 0_ roo(j~ ~ w~-oowwwW~roOOOOOO2~ro~~~~~~~~~OO~>~OOO~~ONW~OC ~ (" March 11, 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT March 15, 2005 ITEM NO ~ 5-1 REQUEST Sanitary Sewer and Water Main Easement for Parcel "Au in proposed Bonito Subdivision No.. 2 by Kimball Properties AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATfORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DE?T: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTH ER: See aHached 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. ~R" 111 ~ t: Ei I'J~ D~ l~ .JL yj_A ~ J JL ;f J.G-1, ~ h R .4 f) ~ 1 ^nn~ riJf-'U"~: ~ Luu:J City Of Meridian City Clerl{ Office To: Mayor de Weerd & City Council From: Karie Glenn cc: File Date: 3/9/2005 Re: Proposed Agenda Items for 3/15/05 City Council Meeting The Public Works Department respectfully requests that the following items be placed on the 3/15/05 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Sanitary Sewer and Water Main Easement for Parcel "8" in Proposed Bonito #2 by Kimball Properties. Typical Sanitary Sewer and Water Main Easement Recommended Council Action: Approve t~e Sanitary Sewer and Water Main Easement for Parcel "B" in Proposed Bonito #2 by Kimball Properties and authorize the Mayor to sign and City Clerk to attest. ~2) Sanitary Sewer and Water Main Easement for Parcel 'Au in Prooosed Bonito #2 by Kimball Properties. Typical Sanitary Sewer and Water Main Easement Recommended Council Action: Approve the Sanitary Sewer and Water Main Easement for Parcel 'An in Proposed Bonito #2 by Kimball Properties and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. . Page 1 (" SANITARY SEWER AND WATER MAIN EASEMENT TillS INDENTURE, made this _ day of , 20_between Kimball Properties Limited Partnership, the parties of the fIrst part, and hereinafter called the Grantors, and the City o f Meridi an, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a sanitary sewer and water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines 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-af-way for an easement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied fa~ilities, togeth~r with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HA VB AND TO HOLD, the said easement and right-of-way unto the said Grantee, ifs successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties l1ereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance~ However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Sanitary Sewer and Water Main Easement GRANT~doc 17991SAN-WAT~ ( 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 bOlUldaries 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 thereot: shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. rn WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: Winston H. Moore, e Kimball Properties Limited Partnership STATE OF IDAHO ) ) ss County of Ada ) On this 7'!J.. dayof~t1. re-k , 200S:-beforeme, the undersigned, a Notary Public in and for said State, personally appeared Winston H Moore , lmown or identified to me to be a partner of Kimball Properties Limited Partnership that executed the within 41~"UII"'" d lm 1 d d th h 1.... ..... d hi d th ~~ ~~~ ac ow e ge to me at sue lmlte partners p execute e same. ~~'-:. .......... O.,p~ ~ ... .... ~ ! :.lJil M~S~ ~EREOF, I have hereunto set my hand and affixed my official seal the day ~*i and~i~ fist i~e written. : ~ : : ~ ~ ' ~ -. PUBLIC .: ~ ~ -.. .- .~ I ./ A ..... ~ ~ ... ..- ~ ~ ., ~"I~lfO:ii~,\\,~ NOTARY PUB Ie FOR 1\HO IlIfllll\\\ R -d" t C "'----J ~~ I r eSl lUg a : e a~ Connnission Expires: ~/2.6;/CJ 9 GRANTEE: CITY OF MERIDIAN Sanitary Sewer and Water Main Easement GRANT~doc 17991SAN-WAT- (" \... 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 lUldersigned, a Notary Public in and for said State, personally appeared TAMMY DE" WEERD and WILLIAM G. BERG, JR., mown to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and aclmowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set mylland and affixed my official seal the day and year first above written~ . (SEAL) NOTARY PUBLIC FOR IDAHO Residing at: Commission Expires: Sanitary Sewer and Water Main Easement GRANT. doe 1799 1 SAN-WAT- r,".." . (. EXHIBIT "A" DESCRIPTION FOR CITY OF MERIDIAN SNAITARY SEWER AND WATER MAIN EASEMENT FOR PROPOSED BONITO SUBDIVISION NO.2 February 1 0,2005 A PARCEL OF LAND BEING A PORTION OF PARCEL "Aft OF RECORD OF SURVEY NO. (Q61-lD ,LOCATED IN THE NE 1/4 OF SECTION 20, TOWNSHIP 3 NORTH, RANGE 1 EAST OF THE BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SECTION 20, T~3 N~, R.1 E., S.M., THENCE S Ooo14J50n W 806*06 FEET ALONG THE EAST LINE OF THE NE % OF SAID SECTION 20 TO A POINT; THENCE N 90oQQ'OQJJ W 332.58 FEET TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; THENCE S 16036'OQ'J W 25.00 FEET TO A POINT; THENCE S 73024'00" E 45.85 FEET TO A POINT; THENCE S 00000'00" W 1 91.25 FEET TO A POINT; THENCE S 90000'00" E 1 00.09 FEET TO A POINT; THENCE S OOoQOJoon W 394.69 FEET TO A POINT; THENCE N 90000'00" W 87.00 FEET TO A POINT; THENCE S OOOOO~OOJf W 176~71 FEET TO A POINT; THENCE N 89059'25" E 15.00 FEET TO A POINT; THENCE S 00000'00" W 20~OO FEET TO A POINT; THENCE S 89059'25" W 35.00 FEET TO A POINT; THENCE N OQoQo'oon E 220.99 FEET TO A POINT; THENCE S 900QQ}Qon E 36.27 FEET TO A POINT; 17991SEW- W AT-EASE2 THENCE N 00000'00" E 1 0.72 FEET TO A POINT; THENCE S 90000'00" E 20.00 FEET TO A POINT; THENCE S 00000'00" W 10~72 FEET TO A POINT; THENCE S 900QOfQOJ' E 30.72 FEET TO A POINT; THENCE N OOOOOJOO" E 350~41 FEET TO A POINT; THENCE N 90oQO'OOJJ W 1 00.09 FEET TO A POINT; THENCE N 00000'00" E 196.34 FEET TO A POINT; THENCE N 73024'00" W 50.94 FEET TO A POINT; THENCE N 16036'Qon E 45.00 FEET TO A POINT; THENCE S 73024'OQJJ E 20.00 FEET TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION. MICHAEL E. MARKS P.L.S. NO. 4998 17991SEW-W AT-EASE2 REVISIONS DRAWN: MEM \ EX H I BIT "B" E~ OVERLAND ROAD 17116 C.P~& F. NO. 103135428 BONJTO SUBDrVISION t. 'A/TPON DRIVE PARCEL ROS NO. UCJJ z o if) > o (]) LOT 5) BLOCK 4 ~ o ~ z o m LINE TABLE LINE l-1 L-2 L-3 L-4 L-5 L-6 L-7 l-B L-9 L-10 L-l1 L-12 l-13 L-14 L-15 L-16 L-17 L-1B l-19 L-20 L-21 L-22 LENGTH 25~OO~ 4s~a5t , 91 ~25r , OO~09. 394~69~ 87 ~OOI 17 6~ 71. 15400t 20.00~ 35.00' 220.991 36427t 1 0.. 72~ 20.00. 1 Or 72~ 3D. 72. .350~4 1 · 1 OO~09" 196.341 50~ 94' 45. 00 ~ 20.aO~ LOT 4} BLOCK 4 BEARrN G S 16.36~OOM W S 73.24.00" E S OO.OO.OOM W S 90~OOIOOH E S 00.00*00" W N 90.0D.OO~ W S 00.00.00" W N 89.59125" E S DO.OO.OOR W S 89~59.25~ W N OOUO.OO" E S 90.0Q100n E N OO.OO~OO" E S 90.00tOott E S OO~OO~oott W S 90.00.00~ E N OO.OO~OO'" E N 90.00100R W N OO~OO~OOn E N 73~24'OOW W N 16.36tOO" E S 73.24'OO~ E ~ Coo OLO c.D~ o ;- COO o 332~58~ U1 - -- N OO.OO'OO~W -- BONJTO SUBDIVrSION LOT 1 J BLOCK 4 L- L -----, L::181 J I I J I I J I I 8 J I ~I J~ BLOCK 4 I I ~9. J I L-13 L-14 l-lSI J l-1~~1.!tl r I L-6 J I 1 \ :::1 I , PARCEL ~'Bn 11 ~r JJ IROS NO. JI : \ , ---- L-8 L L cr WA TER UNEl L-10 -Jl~r - -l J \~l J i '~l I I l~\ J I N o z z o (f) > o (I) :::) if) o f- Z o (l) o w (f) o D- O 0::: D- ~?J ?J ~~ GO( DS/i OJ\t~ Dfi>/l1: CJTY OF MERIDIAN SANITARY SEWER AND WATER LJNE EASEMENT FOR PROPOSED BONITO SUBDJVJSION NO. 2 N E 1 /4, SEe TI 0 N 2 0 J T. 3 N ~ , R. 1 E. , B . M . MERIDIAN, ADA COUNTY, JDAHO DATE: 2/10/05 SCALE: NTS 9 10 N o <( o ll::: W --.-J (9 <:( w en JL 1[' lJOA NO_ 1799 1 ( March 11 f 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT March 15, 2005 ITEM NO. 5-U REQUEST Sanitary Sewer and Water Main Easement for Parcel uan in proposed Bonito Subdivision No. 2 by Kimball Properties AGENCY COMMENTS CITY CLERK: CITY ENGfNEER1 CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DE?T: 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 shaJl become property of the City of Meridian.. ( (.:.... . City of Meridian Public Works Dept. ..:)c\J,j~~ (~.l~~ I~'l-.h~ ]JJ ~ 3'- :~ ?.... ~ if.. I~ -~n~ K ~ ... ~) \~ ~ . i I:. ; q i/~FH\ ~ ~ Lu ~j (:ity Of IVlerid.ia.Jl Cit~y CIerI\: OffICE: To: Mayor de Weerd & City Council From: Karie Glenn cc: File Date: 3/9/2005 Re: Proposed Agenda Items for 3/15/05 City Council Meeting The Public Works Department respectfully requests that the following items be placed on the 3/15/05 City Council agenda, on the Consent Agenda, for Council's consideration: ~ 1) Sanitary Sewer and Water Main Easement for Parcel "Btt in Proposed Bonito #2 by Kimball Properties. Typical Sanitary Sewer and Water Main Easement. Recommended Council Action: Approve the Sanitary Sewer and Water Main Easement for Parcel "B" in Proposed Bonito #2 by Kimball Properties and authorize the Mayor to sign and City Clerk to attest. 2) Sanitary Sewer and Water Main Easement for Parcel 'Au in Proposed Bonito #2 by Kimball Properties. Typical Sanitary Sewer and Water Main Easement. Recommended Council Action: Approve the Sanitary Sewer and Water Main Easement for Parcel 'Au in Proposed Bonito #2 by Kimball Properties and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. . Page 1 { . SANITARY SEWER AND WATER MAIN EASEMENT TillS lNDENTURE, made this _ day of ,20_between Kimball Properties Limited Partnership, the parties of the first part, and 11ereinafter 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 sanitary sewer and water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines 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 tile right-of-way for an easement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHlBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, to gether with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between tIle parties hereto, that after making repairs or performing other maintenance, Grantee s.hall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Sanitary Sewer and Water Main Easement GRANT & doc 17991SAN-WAT- 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 wi~ 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. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend tIle 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 t11eir signatures the day and year first herein above written. GRANTOR: Winston H. Moore, Kimball Properties Limited Partnership County of Ada STATE OF IDAHO ) ) ss ) On this 7'!!:- day of MlX-\rvk , 2019s:J;efore me, the undersigned, a Notary Public in and for said State, personally appeared Winston H Moore , known or identified to me to be a partner of Kimball Properties Limited Partnership that executed the within instrument, and acknowledged to me that suell limited partnership executed the same. ",\\\U III "11111. IN" ~ . REOF, I have hereunto set my hand and affixed my official seal the day -"""-~ <;:j .- .. ~ ~ xear fist abbve ~tten. g .. ~OTARl' -.. ~ .E : :*= = * . ...~ . = ~ . . ~ ~ ~.. PUBLIC .: j .~ -.. ..- ~ ~. .e '* ~ .~......-"-~ ~ Jfqll. v I~TE (f \ON ~:~,~ ~II'"" III n\\\\\\: '\ GRANTEE: CITY OF MERIDIAN Sanitary Sewer and Water Main Easement GRANT. doc 17991SAN-WAT- ( """ ~~."." :" 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, ofllie City of Meridian, Idaho, and who executed the within instrmnent, and acknowledged to me that the City of Meridian executed the same~ IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) NOTARY PUBLIC FOR IDAHO Residing at: Commission Expires: Sanitary Sewer and Water Main Easement GRANT. doe 17991SAN-WAT- ( (" EXHIBIT "A" DESCRIPTION FOR CITY OF MERIDIAN SNAITARY SEWER AND WATER MAIN EASEMENT FOR PROPOSED BONITO SUBDIVISION NO.2 February 10,2005 A PARCEL OF LAND BEING A PORTION OF PARCEL uBu OF RECORD OF SURVEY NO. lDBZ.lo , LOCATED IN THE NE 1/4 OF SECTION 20, TOWNSHIP 3 NORTH, RANGE 1 EAST OF THE BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SECTION 20, T.3 N., R~1 E., S.M., THENCE S 00014'50" W 1761.41 FEET ALONG THE EAST LINE OF THE NE % OF SAID SECTION 20 TO A POINT; THENCE N 900QQ'QQu W 123.59 FEET TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; THENCE 20.03 FEET ALONG THE RIGHT OF WAY OF E. GOLDSTONE · DRIVE ON A CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 376~50 FEET, A DELTA ANGLE OF 03002'52", A TANGENT OF 10.02 FEET AND A CHORD BEARING N 86047'38)' W 20.03 FEET TO A POINT ON A CURVE; THENCE N 00019'39" E 134.53 FEET TO A POINT; THENCE S 89059'25" W 86.19 FEET TO A POINT; THENCE S 03025'38" E 119.80 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY OF E. GOLDSTONE DRIVE; THENCE 21.57 FEET ALONG THE RIGHT OF WAY OF E~ GOLDSTONE DRIVE ON A CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 376.50 FEET, A DELTA ANGLE OF 03016'54JJ, A TANGENT OF 10.79 FEET AND A CHORD BEARING N 71 o28'5Su W 21.56 FEET TO A POINT ON A CURVE; THENCE N 03025'38tJ W 112.93 FEET TO A POINT; THENCE S 89059'25" W 14.53 FEET TO A POINT; THENCE N OooQO'QOJJ E 20.00 FEET TO A POINT; 17991SEW- W AT-EASE (. ( ~~ THENCE N 89059'25" E 13~34 FEET TO A POINT; THENCE N 03025J38" W 177~02 FEET TO A POINT; THENCE S 90000JOO" E 20.04 FEET TO A POINT; THENCE S 03025'38" E 177 .02 FEET TO A POINT; THENCE N 89059'25" E 1 07.50 FEET TO A POINT; THENCE S 00019'39" W 155~66 FEET TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION. MICHAEL E. MARKS P~L.S. NO~ 4998 17991 SEW - W A T - EASE N r - J .. I EX H I BIT " B" I---.J L__J o I 8 S 90"OOJooU E r 20. 04' ~ , I Z I \ I o I \ \ (!1 I \ \ ~ I l I o I I l I m j I 1 \ {/) => I \z l 0 (!1 I \0 l:J~ J ~\~ l~~ o :j~ oc.; L- I o,~ \~OJ= r-- ~ co Z I W\ ~ \ rr1 o I I \~ I ()) : 11 \ 2 0 ,\ o I f l 1 W N 89"59J 25U E (!1 I 1 3. 34J \ I o I Iw l \ N 8g"59~25~' E D- I Lb~ ~J L____107+50~____1 00 I Z \ (f) S 89"S9)2SU W I I fill \ ~ 1 l I t fill I l IZ 1 Xl, U1 l 13: I ~=l t~~ w I llom ~~\ r IWt-0 m~ I 1~!0 ~~ - \ro~ nn ~m OJ w\ Z lOUJ m~f I~or- - fT1 w(X) ~~ ~ \ \ ~ g~1 I ~ \ \ z l 1 l \ I I 1 1 I I \ : 2 0': -- ..... 1 I S 89"59t25u W 14.53t (... 10 t" ( 17 16 N PAR C E L " B" RECORD OF SURVEY UNDER REVIEW Jl 1[' o 3:<( .. ~ 0 r-oo.:: ~ III -r-;rw LO"r----1 ~oC> 0<( (f}W (f) I -l C1 N 90.0Q)QOn W 123+59) EA GOLDSTONE DRIVE DRAWN: M EM DATE: 2/1 0/05 SCALE: 111=50~ CURVE LENGTH C-1 204 03~ c- 2 21 ~57~ RADIUS 376~50~ 376~50' CURVE TABLE DELTA TANGENT CHORD BEARING CHORD 3.02152u 1 O~02. N 8S.47t3SU W 20~03~ 3.16JS4U 1 O. 79J N 71 ~28158n W 21 ~56~ CrTY OF MERfDIAN SANJTARY SEWER AND WATER LJNE EASEMENT FOR PROPOSED BONJTO SUBDIVISION NO. 2 N E 1 /4, SEe TI 0 N 20, T. 3 N A , R ~ 1 E ~ , B . M . MERIDfAN) ADA COUNTY, IDAHO REVISIONS JOB NO. 17991 c.... .... (::. . March 1 t , 2005 Department Reports MERIDIAN CITY COUNCIL MEETING March 15,2005 APPLICANT Police Department ITEM NO~ 6".A-l REQUEST Presentation of MOU with Ada County Sheriff Department for Participation in SWAT Team 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: SEITlERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: f/ Contacted: Emailed: Date: Phone: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. {~ ~.,. " ~\ Ada Metro Special Weapons and Ta-ctics Team Mutual Assistance Compact ~1~1 ~E (.~; 1~ ]~-'lJi; J[=t:; ~!J f- t ...~~ t - l ~"5 x:::': ~~:::--=- { j ~ ~~u~o~ "gr\r~ , '"1 L :J rOot it" : 0 0 ~fi ";~" _"~".. v -. . \; t J. t l,("J t f dJ a~""" r; .t.*"' T ("'I.'. ... ~- _ ~ ~ 11 ~~~..~ l) \~ !erk {)ttlce ADA COUNTY (..;""~-~ . . l, Mutual Assistance Compact THIS MUTUAL ASSISTANCE COMPACT made this first day of March 2005, by and between the Ada County Sheriff's Office and the Meridian Police Department, is entered into for the purpose of establishing and maintaining the Ada Metro Special Weapons and Tactics Team. RECITALS WHEREAS, cooperative partnerships among law enforcement agencies increase the effectiveness and efficiency in responding to emergency situations where a specially trained team is necessary; and, WHEREAS, Idaho Code 67 -2337(4) authorizes law enforcement agencies to enter into mutual assistance agreements; and, WHEREAS, the parties named above are in agreement that mutual assistance among each other, in the form of a multi-agency emergency response team, designated the Special Weapons and Tactics Team (SWAT), will assist in the efforts of law enforcement to resolve serious emergency situations and prevent potential injuries to citizens and officers; and, WHEREAS, this Mutual Assistance Compact will provide the foundation for the operation of the Ada Metro SWAT Team. NOW THEREFORE, in consideration of the mutual promises and covenants hereinafter contained, and the recitals set forth above, the parties to this Memorandum of Understanding do hereby understand as follows: UNDERSTANDING 1. Purpose and Mission The primary purpose of the Ada Metro SWAT Team is the handling of hazardous situations, which are beyond the normal operations of patrol deputies / officers, investigators or other agencies that request assistance. These hazardous situations require the need for special tactics, equipment and/ or weapons for a safe resolution. 2. Functions of the SWAT Unit SWAT shall be trained and equipped to handle the following types of situations: . 2 ('''-.-. .. . 1 ~ Barricaded Suspects 2 ~ Snipers 3~ Hostage Situations 4. High-Risk Warrant Service (I.E. Drugs, Guns, Etc.) 5.. Service Of Warrants On Heavily Fortified Locations 6. Civil Disturbances 7 . Dignitary Protections 8. Searches For Armed Suspects 9 ~ Institutional Insurrections 10. Other incidents of a similar nature but not specifically defined. 3. Effective Term and Method of Termination This Mutual Assistance Compact will be effective for each calendar year, beginning Janusary 1,2005. It will automatically renew at the end of each calendar year, unless terminated pursuant to these provisions. Any party may terminate its involvement with the Ada Metro SWAT Unit by providing thirty (30) days prior written notice to the SWAT Commander. 4. Financing Each participating agency will provide necessary funding for the operations of their personnel that are assigned to the Ada Metro SWAT Team, in so far as each agency's budget allows. Such budgetary determinations shall be made solely by each agency. 5~ Organizational Structure A. The SWAT Commander, who shall receive direction and input from the Ada County Sheriff and the Meridian Police Chief, or their designees, shall govern the Ada Metro SWAT Team~ B~ The Lead Agency in the Ada Metro SWAT Team shall be the Ada County Sheriff's Office (ACSO). ACSO shall assign one (1) Commander of the rank of Lieutenant or above to oversee the functions of the Ada Metro SWAT Team. c. Meridian Police Department (MPD) will assign a minimum of two (2) officers to the Ada Metro SWAT Team. 6. Agency Responsibilities 3 (". . . (~.:U~... .. A. General Responsibilities: 1) Provide and account for over time, compensatory time, personal leave, sick leave, workman's compensation insurance and other matters directly related to the employment of their assigned officers; these issues shall be governed by the personnel policies and procedures of the member's agency~ 2) Provide their assigned law enforcement officer(s) with a firearm, rifle, ammunition and related equipment, which is approved by the member agency and suitable for law enforcement work. 3) Provide their assigned officer(s) any necessary equipment, such as radio, ballistic vest(s) with identification vest cover or other appropriate identification, and other personal equipment such as flash light, eye protection, helmet, etc. B. ACSO, as lead agency, will fulfill the following areas of responsibility: 1) Maintain records of expenditures and training, and prepare any and all reports necessary to satisfy Federal and State reporting requirements. 2) Compile necessary statistics regarding deployments and training, and prepare any and all reports necessary for SWAT Operations. 3) Provide functional supervision of officers assigned to the SWAT Team from other agencies4 4) Provide on the job documented, formal training for newly assigned officers to the Ada Metro SWAT Team. 7. Ada Metro SWAT Team personnel A. The Ada Metro SWAT Team Commander shall be responsible for the unit's operations, personnel, deployments and activities~ The Commander will direct the supervisors assigned to the unit and will perform administrative duties related to the management of all Ada Metro SWAT Team operations. Specific duties of the Ada Metro SWAT Team Commander shall be to: . 4 ('~".. 1) Establish policies and procedures for the Ada Metro SWAT Team and present them to the participating agencies for approval~ Ensure all unit policies, procedures and regulations are followed, and report any violations to the respective agency ~ 2) Ensure monthly reports are submitted to participating agencies concerning the Ada Metro SWAT Team activities, performances and funding issues~ 3) Approve the Ada Metro SWAT Team expenditures and ensure they are necessary and legal~ 4) Address training needs of the Ada Metro SWAT Team deputies / officers~ 5) As needed, conduct meetings with participating member agency heads or their designees and address concerns brought forth~ 6) Resolve conflicts between the Ada Metro SWAT Team and member agency policies and procedures. B~ The Ada Metro SWAT Supervisor shall supervise the SWAT activities of assigned members; conducts debriefs, and address training and personnel issues; and ensure that SWAT Officers adhere to the policies, procedures and regulations of the Ada Metro SWAT Team. The Supervisor may offer verbal counseling or retraining when necessary. Any form of discipline shall be handled by the officer's agency through the Ada Metro SWAT Team chain of command~ The Supervisor shall report directly to the Ada Metro SWAT Team Commander for all issues relating to SWAT Team operations. c~ The Ada Metro SWAT Team deputies/officers shall adhere to and follow policies, procedures and regulations as set forth in the approved Ada Metro SWAT Team procedures manual and in this agreement. Additionally, each deputy / officer is required to: 1) Conduct him/herself as a professional law enforcement officer and adhere to established ethical standards in the performance of duties ~ 5 (""-. 2) Carry a firearm(s) while on a deployment, approved by the department or Office from which assignments are made. Each officer must qualify using the approved firearm(s) at least one time annually. 3) Immediately notify his/her supervisor if there is a conflict between Ada Metro SWAT Team policy and procedure and the policy and procedures of the respective agency. The supervisor or the Ada Metro SWAT Team Commander shall resolve these conflicts before the conflicting action occurs. 4) Become familiar with and act within statutory requirements. Extraterritorial authority of peace officers. Ie 67 -2337 (see attached) 8. Personnel Issues In the event of a complaint against an assigned officer, the complaint shall be forw-arded to that officer's employing agency for investigation unless the Ada Metro SWAT Team Commander determines the issue to be of such a minor nature that the Commander or Supervisor can appropriately address it and take corrective action.. A continued, unresolved performance problem with an assigned officer will be grounds for the Ada Metro SWAT Team Commander to request replacement of the assigned officer through a recommendation to the employing agency~ 9. Indemnification Pursuant to and consistent with the terms Ie 67 -2337 (4), in the event an officer assigned to the unit commits an act, either intentionally or negligently, within the course and scope of his or her employment which subjects the officer to liability for personal injury or property damage, the governmental unit from which the assignment was made shall assume such liability and will save and hold harmless and indemnify all other governmental units (that are the signatories of this agreement) from such liability, including costs, attorney fees and damages rising therefrom~ 6 t... (...:..... . IN WITNESS WHEREOF, the parties have set their hands and subscribed their names, the day, month and year in this agreement first above written. ~~ Dated this~ day of ~~~ , 2005 Attested WM. "BILL' MUSSER Chief, Meridian Police Department 7 <. ( March 11, 2005 MERIDIAN CITY COUNCil MEETING APPLICANT March 15, 2005 ITEM NO~ 8 REQUEST Request for Reduction in Fees for Pinebridge Subdivision by Dave McKinnon AGENCY COMMENTS CITY CLERK: See attached CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: ~ ~'r ' Contacted: Emailed: Date: Staff Inifials: Phone: Materials presented at public meetings shall become property of the City of Meridian.. ( Tara Green From: Will Berg Sent: Friday t March 11, 2005 11 :41 AM To: Tara Green Subject: FW: Pre-Council discussion for Pinebridge -----Orig ina I Message-~--~ From: David McKinnon [mailto:dmckinnon@congergroup.com] Sent: Friday, March 11, 2005 9:26 AM To: bergw@meridiancity .org; dan@baker-properties.net Subject: Pre-Council discussion for Pinebridge Dear Mayor and Council, On behalf of my client, I am requesting a reduction in fees for the Pinebridge Subdivision/Planned Development application. Pinebridge subdivision is approximately 120 acres in size and will be a large mixed use subdivision consisting of retail, office, general commercial and multi-family residential uses. All of the different uses will be located within appropriate zones upon annexation.. All of the lots meet the required lot sizes and dimensions of the specific zones in which they are located~ The subdivision includes the land that will connect Pine from Eagle Road to Locust Grove.. The subdivision is designed to meet or exceed all of the minimum requirements of the subdivision and zoning ordinances, and the Comprehensive Plan. Upon submission to the Planning and Zoning Department our applicaitons for annexation/rezone, and preliminary plat were rejected because they were not accompanied by an applicaiton for a Planned Development Anna explained that she interprets the Comprehensive Plan to read that all development of "Mixed Use" areas should happen as planned developments because of the language found on page 97 (second to last bullet point) that says they should be developed only under the CUP process, Ot should be noted it does not mention "Planned DevelopmentU, which is specifically required in the Uneighborhood center" designation~ What this interpretation does is raise the fees for development of a standard subdivision from approximately $3,000 to $23,000 (based on a fee of $~02 per square footage of proposed non-residential 5..f..), but it doesn't end there. After approval of a conceptual PO, that applicant then has to come back for a detailed CUP, and they are again tagged for even larger fee ($~05 per square foot)f or approximately an additonal $50,000. These numbers seem high for a sudivision that meets all of the requirements of the Meridian City Code and the intent of the Comprehensive Plan. Several other developments in the mixed use designation do not require additional detailed CUPs when they develop under the gUidelines of a developmnet agreement that sets out approved uses (i.e" Silverstone and EI Dorado)" We are asking for the same approval structure as those developments. We are happy to pay for the CUP ($325+$15per acre= $2, 125), but ask that we not be required to pay the $20 fOOO+ for a conceptual planned development when the entire subdivison and development already meets code and does not require flexibility to increase density or decrease lots sizes or frontages etc...~ Thank you for considering this reduction request and I look forward to speaking with you on Tuesday night. Si ncerely , Dave McKinnon 3/11/2005 ( o 0 March 11, 2005 MERIDIAN CITY COUNCIL MEETING PFP 04-008 March 15, 2005 APPLICANT Bergey Land Surveying ITEM NO. 12 REQUEST Continued Public Hearing from March 1,2005-- Request for Preliminary/Final Plai approval of 4 building lots on 8.02 acres in an I-L zone for Nola Subdivision -- swc of East Pine Avenue and North Nola Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORN EY 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: INTERMOUNT AJN GAS: MERIDIAN POST OFFICE: OTH ER: See previous Item Packet / Minutes See attached Recommendations / Findings ~ d ~ Contacted: Emailed: Date: '3, C:f5 Staff Initials: Phone: ~ Mateiials presented at public meetings shall become property of the City of Meridian.. (,.....> . (-"m .' . , ..: \~~... . . . ECEIVE MAR - 4 2005 CITY OF MERIDIAN CITY CLERK OFFICE AFFIDA VIT OF POSTING ST ATE OF IDAHO ) ) COUNTY OF ADA ) I, ~,{lt//V ~d#'ZC~fK (name) (address) 31r J. ~-:77~OY (phone) 0'2 30- 33 OJ '~i :>e 't Idaho, being first duly sworn upon oath, depose and say: I personally posted the subject property with the hearing notice sign 10 days prior to the public hearing for preliminary/final plat for four building lots on 8.02 acres in a I-L zone for Nola Subdivision. Dated this 4th day of March, 2005. ~","II'. .., ''''''<< ~"t~\CB L. ~##4t. it~~"'\~ ~".S ED AND SWORN to before me the day and year first above written~ :/ '/ ~ ':. : : 't\OT A b 0.. 'i. .. * . 0(1; .r. . : e. ....... : : . . * . : \.p .: ~ w \. CIa L \ CIS ~ ;.?., . ",: ~ ..<T .... .- r'\ ~ "-r.-l~ -...... ~v~.. #~4##:t: u F 1 'D ~ ~....,.. 4..6...~t; III iltLait"" My Commission Expires: / { \. Merjdian City Council March 1, 2005 Page 26 of 32 MOTION CARRIED: THREE AYES. ONE ABSENT. Item 14: Public Hearing: PFP 04-008 Request for Preliminary/Final Plat approval for 4 building lots on 8.02 acres in an I-L zone for Nola Subdivision by Bergey Land Surveying - SWC of East Pine Avenue and North Nola Road: De Weerd: Thank you. I would like to recognize our government students here tonight I am assuming you're from Meridian High School? Okay. One of my favorite city volunteer's son is here. I understand you1re the son of Ed Fang? Well, give your dad our greetings. Is he still in California? Okay. Well, give him our greetings~ He's a good man. So welcome. 11m sure you1re just really entertained and this is great stuff, isn't it? Yeah. Okay. Item 14 is Public Hearing PFP 04-008. I will open this Public Hearing with staff comments. Canning: Madam Mayorf Members of the Council, this applicant failed to post the site correctlYf so I think we need to table for two weeks~ De Weerd: Okay~ Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we continue Public Hearing PFP 04-008 to March 15th, 2005~ Donnell: Second. De Weerd: The motion is to continue Item 14 to March 15th. Actually, I don1t continue it if it was not posted, do I? Bird: Yeah~ We have to -- De Weerd: Okay~ Bird: Isn't that right? Baird: That way, Madam Mayor, Members of the Council, those who received radius notice or mailed notice and who happen to be here tonight, would have notice of a continued hearing, so we wouldn't have to re-send the mailed notice. De Weerd: Well, I apologize jf anyone came to testify on this application~ If it's not posted properly, we can't even entertain testimony on it, so it will be listened to on March 15th. All those in favor say aye. All ayes. Motion carries. /..... . (- .. /:.. . (,.. . PFP 04-008 MERIDIAN PLANNING & ZONING MEETING February 3/2005 APPLICANT Bergey Land Surveying ITEM NO. 4 REQUEST Continued Public Hearing from January 6,2005: Preliminary/Final Plat approval for 4 building lots on 8.02 acres in an I-L zone for Nola Subdivision - SWC of East Pine Avenue and North Nola Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: See previous item packet / attached minutes See attached staff report CITY WATER DEPT: ICe rt D f11 rroVi, 70 ~C yO CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: SANITARY SERVICES: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS! IRRIGATION: IDAHO POWER: INTERMOUNTAIN GAS: OTH ER: Contacted: ~L.L,.~ \&v q-ey Date: d -'{-OS Phone: t58S-~ t~OS8 Emailed: d br:vge.y@b~~r:} ey Ls~ CLJMtaff Initials: (Y); /4: Materials presented at public meetings shall become property of the City of Meridian. c. MAYOR Tatll1ny dcWccrd .; .1 LEGAL DEPARTMENT (208) 466-9272 · Fax 466-4405 CITY COUNCIL MEMBERS Keitll Bird Cllnstille D01111Cll Sllaun Wardle Chal.les M. Rountree rutjl.~rJI ...N .< ~::i~~~~~.:. .~; . Ian If)AHO PUBLIC WORKS BUILDING DEPARTMENT (208) 898~5500 ~ Fax 887w 1297 PLANNING AND ZONING DEPARTMENT (208) 884-5533 · FAX 888~6854 STAFF REPORT: Transmittal Date: January 31,2005 P & Z Hearing Date: February 3,2005 To: Mayor, City Council and Planning & Zoning Commission Josh Wilson, Associate City Planner ~ Bruce Freckleton, Development Se ~ ces Manager From: Re: Nola Subdivision (Revised} Preliminary and Final Plat (PFP) A.pproval of Four (4) Conlmercial Building Lots on 8.02 Acres in a I-L Zone, by Anderson/Lockwood Foundation. (File No~ PFP- 04-008) APPLICATION SUl\1MARY The applicant, Anderson/Lockwood Foundation, has applied for Preliminary/Final Plat (PP) approval of four (4) buildable lots on 8,,02 acres at the southwest comer of East Pine Avenue and North Nola Road. A building permit was issued on a .portion of the subject property for construction of a commercial building, which currently houses Oak Harbor Freight. The property is designated "Industrial" on the 2002 COlnprehel1sive Plan Future Land Use Map. The proposed preliminary plat depicts four (4) new buildable lots, which range in size between 0.97 acres and. 5.05 acres. Staff recommends ap.proval of the submitted Preli.minary/Final Plat (PFP-04-008) application with the comments and conditions stated in this report. LOCATION TIle subject property is located on the southwest corner of the intersection of East Pine Avenue and North Nola Road. It is located in the NW ~, SW 'l4 of Section 8, Township 4 North, Range 1 East. SURROUNDING PROPERTIES North - One (1) .parcel, totaling approx. 4~8 acres (zoned I-L, City of Meridian), and one (1) parcel, totaling approx~ 195 acres (zoned RUT, Ada County). South - One (1) :parceI, totaling approx. 7~7 acres (zoned I-L, City of Meridian). East - One parcel (1) parcel, totaling approx~ 449 acres, containing Crossroads Middle School (zo.ned T-E, City of Meridian), and one (1) parcel, totaling approx. 14.8 acres (zoned RUT, Ada County). West - Railside Park Subdivision., including: one parcel (1) parcel, totaling approx~ 1.2 acres (zoned I-L, City of Meridian), one (1) parcel, totaling approx~ 194 acres (zoned I-L, City of Meridian), and one (1) parcel, totaling approx. 1.4 acres (zoned I-L, City of Meridian). .PFP~04-008 NOla Su b~ P.FP . dOC (" P&Z COffilnission, Mayor & City Council Nola Subdivision Page 2 OWNER OF RECORD The property owner of record is Anderson/Lockwood Foundation. Doug Bergey of Bergey Land Surveying has provided notarized consent to submit the subject application. PRELIMINARY PLAT FINDINGS Meridian City Code (MCC) 12-3-3 1.2 and 12-3-5 D read as follows: "In determining the acc~ptance of a proposed subdivision, the Commission/Council shall consider the objectives of this title and at least the following: A. The conformance of the subdivis.ion with the Comprehensive Plan; Staff finds the 2002 Comprehensive Plan Future Land Use Map designates all of the subject property as "IndustriaL" The purpose of the Industrial designation is "... to allow a range of industrial uses to support industrial and commercial activities and to develop with sufficient urban services.. In light industrial areas, uses may include warehouses, storage units, light manufacturing, and incidental retail and offices uses.. Heavy industrial areas may include processing, manufacturing, warellouses, storage units, and industrial support activities" In all cases, standards for screening, landscaping, and adequate access would be developed and implemented." (See Chapter VII, pg. 99.) Staff finds that the .proposed subdivision is in compliance with the Comprehensive Plan. B. The availability of pubUc serv.ices to accommodate the proposed development; Locust Grove is currently included in ACHD's Five-Year Work Program (2007) and Capital Improvements Plan (#80).. Locust Grove is anticipated to be 5 lanes from Franklin Road to Fairview Avenue with curb, gutter, sidewalk and bike lanes within 96- feet of right of waY9 The intersection of Locust Grove and Pine is scheduled to be widened and signalized with that saIne project. The subject site can be serviced by the City of Meridian's sanitary sewer and water syste.ms. Sanitary sewer and water mains would have to be extended into the site .by tIle developer from East Pine Avenue. On November 12, 2004, a joint agency/department comnlents meeting was held with representatives of key service providers to this property. The Meridian Fire Department is supportive of the subdivision. The applicant should coordinate the location and design of refuse container(s) with Sanitary Services Com:pany (SSe). Trash enclosures must be built in the location and to the size approved. by sse.. All dumpster(s) must .be screened in accordance with MCC 11-12-1.C. The Commission and. Council should reference any written or verbal testimony submitted by the Meridian Police Department, and any atller agen.cy not listed above, regarding their ability to adequately service this project PF.P~04-008 NOla SUb4PFP.doc ( P&Z Conunission, Mayor & City Council Nola Subdivision Page 3 Staff finds that the property proposed for development can be serviced by essential public facilities and services~ c. The continuity of the proposed development with the capital improvement program; Staff finds that the subdivision will not conflict with tIle capital improvement program because the developer is required to install sewer, water, utilities and inigation, for the development at their cost D. The public fmancial. capability of supporting services for the proposed development; The developer will be financing the extension of sewer, water, utilities and irrigation services to serve the project. The .primary public costs to serve the future site will be fire and police services. Staff finds tllat this development will .not cause excessive additional requirements at public cost, if the applicant complies with the conditions of approval for the and preliminary plat application. The Conunission and Council should consider the Meridian Police, Parks and Fire Departments' comments with regard to th.eir capability to serve the proposed development. E. The other health, safety or environmental problems that may be brought to the Commission's attention. ACHD considers road safety issues in their analysis; ACHD staff has approved this subdivision, with conditions. Tllere are no healtl1, safety, or environmental problems to bring to the Commission's attention. PRELIMINARY PLAT SPECIAL CONSIDERATIONS 1. Cross Access Agreement (Pine and Nola)- Lots 1,2, and 3 must share a conunon access to East Pine Avenue, per ACHD requireme.nts, requiring a cross-access agree.ment between Lots 1, 2, and 3 for access to the s.hared driveway~ See Site Specific Condition #15~ 2. Multi-.Use Pathway- The Comprehensive Plan Future Land Use Map depicts a multi-use pathway adjacent to the property along North Nola Road on the eastern boundary of tIle pro.perty~ T.he City of Meridian anticipates negotiations with ACHD concerning the design of the Locust Grove Road. extension and. sufficient right-of-way exists for location of the multi-use pathway along Locust Grove Road. Also, the City of Meridian anticipates the location of a multi-use pathway on the south side of East Pine Avenue for connection to a planned pathway on an adjacent property to the northeast of the proposed. subdivision~ Therefore, tIle City of Meridian reserves the right to acquire a pedestrian easement on tIle subject .property in the future. See Site Specific Condition #6. 39 Required Street Buffers- The City of Meridian Landscape Ordinance requires that the landscape buffers along Nola Road and Locust Grove Road be extended to the south boundary of Lot 4~ Locust Grove Road requires a 25-foot landscape ease.ment, as shown on Lot 1; Nola Road requires a lO-foot landscape easement, as shown on Lot 3. PFP-04-008 ON 0] a SUb. PFoP tdoc { ~\. . ( P&Z Conunission, Mayor & City Council N ala Subdivision Page 4 4~ :Prohibited Plant Material in Landscape Buffer- Meridian City Code 12-13-7-2 prohibits conifers from being planted in required street buffers. TIle Landscape Plan, dated. 1/18/05 by Beck and Baird, shows a conifer placed within the street buffer along Locust Grove Road near the property line between Lots 1 and 4. The applicant shaU submit a revised Landscape Plan which shows the conifer removed from the street buffer prior to the City Council hearing. 5~ Insufficient Street Trees: Meridian City Code 12-13-10-6 requires that there are a minimum of one (1) tree per thirty-five (35) linear feet in required street buffers. The submitted Landscape Plan shows sixteen (16) trees along the Nola Road frontage, which totals ap.proximately 686-feet At one (1) tree per thirty-five (35) linear feet, twenty (20) trees are required along Nola Road. The applicant shall submit a revised Landscape Plan which shows the four (4) additional trees required prior to the City Council hearing. 6. CCR's- No CCR's have been submitted that detail the responsibilities for the maintenance of the landscaping and conunon parking/drainage areas, or the establishment of a business owner's association. The applicant shall submit CCR's for the subdivision prior to the City Council hearing. SITE SPECIFIC CONDITIONS (PRELIMINARY PLAT/FINAL PLAT) 1. Make the following modifications to the final plat prior to record.ation: a. The 25-foot landscape easelnent along Locust Grove Road shall be extended to the southern boundary of Lot 4. b~ The 10-foot landscape easement along Nola Road shall be extended to the southern .boundary of Lot 4. c. Provide a note granting cross-access to Lots 1, 2, and 3 to utilize the new drive access to East Pine Avenue.. d~ Modify note #6 to include the extended landscape easeme.nts on Lot 4. 2. The applicant shall revise the Landscape Plan, dated 1/18/05 by Beck and Baird, and submit 10 copies of the revised plan to the City Clerk's office at least 10 days prior to the City Council hearing. The Landscape Plan shows a cOl1ifer placed within the street buffer along Locust Grove Road near the property line between Lots 1 and 4, w.hich is prohibited by Meridian City Code 12-13-7-2. The conifer shall be removed from the landscape plan or placed in a location Wl1ich complies with MCC 12-13-7-2. TIle Landscape Plan sllall also be revise to show th.e four (4) additional trees required in the street buffer along Nola Road. 3.. The applicant shall sub.mit CCR's that detail the responsibilities for the maintenance of the landscaping and common parking and drainage areas for the subdivision prior to the City Council hearing. 4. Water service to this site shall be via service line extensions from the existing .mains adjacent to the property. Ap.plicant shall execute City of Meridian standard. forms of easements, for any mains that are required to provide service. PFP-04-008 NOla Sub.PFP.doc (. \..~ ( .. P&Z Commission, Mayor & City Council Nola Subdivision Page 5 5. Sanitary sewer service to this site will be via main line extensions to an existing main adjacent to the property. A.pplicant shall execute City of Meridian standard forms of easements, for any mains that are required to .provide service. 6. The City of Meridian reserves the right to acquire a permanent pedestrian easement, in the favor of the City of Meridian, on the subject property in tb.e future, of sufficient width to cover a IO-foot wide pathway along Locust Grove Road and East Pine Avenue. 7. Applicant shall be required to pay Pu.blic Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature o.n the final plat per Resolution 02-374. 8. Revise or add the following notes on the face of the plat: (5.) tcBuilding setbacks and dimensional standards in this subdivision shall be in compliance with Title 11 and Title 12 of the Meridian Citv Code unless otherwise modified bv Conditional Use Permit (CUP-04-025) which allowed for reduced lot sizes and lot fronta~es~ " (6.) liRe-word, responsibility lies with the business owner's association. n (12.) HThe owner of each lot across which passes an irrigation/drainage ditch or pipe, is responsible for the maintenance thereof; unless such responsibility has been assumed by an irrigation/drainage district. " (13.) HThe bottom elevation of structural footings shall be set a minimum of 12-inches above the highest established normal groundwater elevation~ " 9.. Revise the Water Service Origin Statement in the Certificate of Owner's to sim.ply state " . . . The City of Meridian, "l atcr Department" 10. Please sub.mit a copy of the Ada County Street Name Committee's "Final" letter for tIle street names and lot & block nUlnbering. Make all corrections necessary to comply. 11. Other tllan the access point specifically approved on East Pine A ve.nue with this application by ACHD, direct lot access to Locust Grove Road or East Pine Avenue is prohibited. 12. Required landscape buffers/street improvements sllalI be made by the developer/subdivider as part of the final plat. 13. Provide a recorded copy of the cross access agreement for Lots 1, 2, and 3 to utilize the new drive access to East Pine Avenue. GENERAL CONDITIONS (PRELIMINARY PLAT/FINAL PLAT) 1. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent num.ber of cali:per inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that are removed. PFP-04-008 NOla Sub.PFP .doc (. ( \ P&Z Commission, Mayor & City Council N'ola Subdivision Page 6 2. Submit compaction test results to the Meridian Building Department for any building .pads within lots receiving engineered backfill. 3. Underground year-round pressu.rized irrigation must be provided to all lots within this develo.pment The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant proposes connection to City of Meridian water for irrigation. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the comm.on areas prior to signature on the final plat by the City Engineer. 4. Any drainage areas (detention/retention basins) must be designed to ensure that water will percolate or discharge within a period of time not to exceed 24 hours for all storms up to and including a 1 00- year storm event. Side slopes within drainage areas shall not exceed 3: 1. The project engineer should pay close attention to the results of field studies determining the ground.water, soil type & and characteristics during tIle design and construction .phases. 5~ Coordinate fire hydrant placement with the City of Meridian Public Works Department. 6. Install 2S0-watt, high-pressure sodiu.m streetlights at locations designated. by the Public Works Department Street light contractor shall obtain an approved design and .permit from the Public Works Department prior to commencing installations. 7. Developer shall coordinate mailbox locations with the Meridian Post Office. 8. All proposed fencing must be in compliance with MCC 12-4-10. 9. All sid.ewalks shall be constructed in accordance with MCC 12-5-2.K. Prior to signature of the final plates), all sidewalks shall be constructed or a financial guarantee tbat said improvements will be completed shall be provided. 10. A note shall be placed on the final plat stating tllat unless othetwise approved, all .building setbacks shall meet the requirements of the zoning ordinance in effect at the time of building permit submittal. ll~ Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. 12. Plat approval shall be subject to th.e expiration provisions set forth in MCC. 13. Street signs are to be in place, water system shall be approved and activated, .pressurized inigation system approved and activated, drainage lots constructed, and road base approved by the Ada County Hig11way District prior to applying for .building permits~ All developlnent improvelnents shall be installed and approved prior to obtaining certificates of occupancy~ A letter of credit or cash surety in the amount of 110% will be required for all fencing, PFP--04-008 NOla Sub.PFP4doc {::- Yo' .. . (..... . P&Z COlnmission, Mayor & City Council Nola Subdivision Page 7 pathways, landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 14. Complete the Certificate of Owners and accompanying Acknowledgment. 15. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps ofEngineers~ 16. A.pplicant shall be responsible for application and compliance with and NPDES Permitting that .may be required by the Environmental Protection Agency. 17. Staff's failure to cite specific ordinance provisions or terms of the approved preliminary plat or final plat does not relieve Applicant of responsibility for compliance. OTHER AGENCYIDEPARTMENT COMMENTS/CONDITIONS MERIDIAN FIRE DEPARTMENT CONDITIONS 1 ~ Acceptance of the water supply for fire protection will be by the Meridian Water Department 2. Final A.pproval 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 l1ydrant 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. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. 3. All entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius~ 4. Provide a 20' wide Fire Lane for all internal and external roadways. 5. Operational fire hydrants and temporary or permanent street signs are combustible construction begins. required before 6. Commercial and office occupancies will require a fire-flow consistent with the International Fire Code to service the proposed. project. Fire hydrants shall be placed an average of 300' apart. 7. TIle fire department requests that any future signalization installed as the result of tIle development of this project .be equipped with Opticoln Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer~ 8. All :processes & storage practices shall be required to comply with. tl1e International Fire Code. PFP-04-008 NOla Sub~PFP.doc ( P&Z Commission, Mayor & City Council Nola Subdivision Page 8 SANITARY SERVICE COMPANY 1. Prior to issuance of a certificate of zoning compliance, that applicant shall submit an approved site plan from sse. MERIDIAN PARKS DEPARTMENT 1. Pathway and Trail standards: The .proposed pathway and/or trail s11all 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. 3. Standard for Mitigation of trees: The standard established in the City of Me.ridian Landscape Ordinance (MCC 12-13-13-6) will be followed. 4. Standard Plan for Protectio.n of Existing Trees during Construction: The standard established in the City of Meridian .Landscape Ordinance (MCC 12-13-13) will be followed. RECOMMENDATION Staffrecomme.nds approval of the submitted Preliminary/Final Plat (PFP-04-008) application with the above stated comments and conditions. PFP~04-008 NOla. SUb4PFP~doc / ( Meridian Planning & Zonjng January 6t 2005 Page 7 of 54 Rohm: Second. Zaremba: There is a motion and a second.. All in favor say aye. Any opposed? That motion passes. MOTION CARRIED: ALL AYES. Item 5: Continued Public Hearing from December 2, 2004: PFP 04-008 Request for Preliminary/Final Plat approval for 4 building lots on 8.02 acres in an I-L zone for Nola Subdivision by Bergey Land Surveying - SWC of East Pine Avenue and North Nola Road: Zaremba: The next Public Hearing is Item 5 and we'd like to reopen this continued hearing. Again, this is PFP 04-008, and, again, there has been a request to continue this until February 3rd for further information from the applicant. Anybody care to make that motion or do we need some staff discussion on it before we do that? Wilson: Chairman Zaremba, Members of the Commission, the only staff comment I have is that we do request that you advise us what you would like us to do if we do not receive the information requested ten days in advance of the next hearing. The options being prepare a recommendation for denial or continue it another month. Mae: We haven1t opened it-- Newton-Huckabay: Can I ask a question? Zaremba: It is open. I believe I reopened it. Newton-Huckabay: Has this one been continued three times? Borup: No. Newton-Huckabay: Two times? Borup: I believe it's the first continuing. Wilson: It was continued at the December 2nd hearing, so this would be the second hearing. Newton-Huckabay: Okay. Borup: Mr. Chairman, that's a question I had. At that meeting there was discussion of continuing it to the 16th and they thought that might be a little tight and that this meeting would be plenty of time -- /" (, Meridian Planning & Zoning January 6~ 2005 Page 8 of 54 Zaremba: My recollection was that the issues weren1t all that complicated and -- Borup: It needed to be surveyed, J believe. Basically. Zaremba: Would we want to give the sense to the Commission that we will continue it to February 3rd, but if it's -- jf staff does not have what they need ten days before that -- Wilson: Members of the Commission, I would also mention that the applicant is kind of wavering on whether or not they will go through with this. So, that's just something to consider. Mae: Mr. Chairman, I guess I would wonder why we would want to set a date at all. I'd like to see them get the materials and, then, we could set a date for thisf as opposed to continuing it. Zaremba: Well, the legal technicality is we have a noticed open Public Hearing. Mae: Good point. Zaremba: And you can only continue it to a date certain. The attorney was rising to say something and I may have said what he was going to say. Nary: Mr. Chairman, technically you're correct, your best off setting it to a date certain. You1re not obligated to, but you would have to notice the hearing if you didnft. So, you1re technically correct, you1re best setting to a date certain, specifically, and, then, taking action. Zaremba: J would entertain a motion continuing PFP 04-008 to February 2nd, 2005, and instructing the staff to prepare denial if they do not have the required materials ten days beforehand. Rohm: That sounds perfect. So moved. Wilson: Chairman Zaremba, it's the 3rd of February. Rohm: The 3rd of February. Zaremba: I was looking at the 3rd of February. If I said something else, I'm sorry. The 3rd of February. Rohm: Does that work, rather than restate it? It doesn't need to be said again, I wouldn't think. Anyway, I so move. Borup: Second. .t. ( .. t.. \... Merldian Planning & Zoning January 6t 2005 Page 9 of 54 Zaremba: Keith Borup seconds. Okay. We have a motion and a second to continue to February 3rd, 2005. All in favor? Anyopposed? Motion carries. MOTION CARRIED: ALL AYES. Item 6: Public Hearing: PP 04-042 Request for Preliminary Plat approval of 18 commercial building lots on 33.. 1 acres in a C-G zone for Boise Valley Commons by Boise Valley Commons, LLC - 2200 East Overland Road: Zaremba: Item No.6 is the next on our agenda and this is a Public Hearing. I'd like to open the Public Hearing for PP 04-042, request for a preliminary plat approval of 18 commercial building lots on 33.1 acres in a C-G zone for Boise Valley Commons by Boise Valley Commons, LLC, 2200 East Overland Road and we will begin with the staff comments. Canning: Chairman Zaremba, Members of the Commission, this is just a straight preliminary plat. They have not asked for any reduction to city adopted dimensional standards, so there is no planned development with this one today. The property, as you see, is currently zoned C-G and it has 1-84 on its north boundary and, then, Overland Road on the south boundary. It's currently vacant, but not really, because there is a building with walls that are going to go up any day now under construction~ The subject of the subdivision is actually three different tax parcels, one of them being a 13.9 acre piece that was divided off through reduction in platting requirements, this large parcel here, and that's where the new theater for Meridian is being constructed. So, that -- one of the conditions of approval was that it be included as part of this plat So, they are meeting that condition~ The property is shown as mixed use regional on the Comprehensive Plan and the zoning is consistent with that. They have not asked for the zoning, they already have the C-G zone~ And as I mentioned before, up to the north is Interstate 84, to the south are the professional medical offices of Resolution Subdivision, as well as the high school, Mountain View High School, all owned L-O. To the east is vacant property, all zoned C-G, and to the west is the commercial tractor sales and, then, Playground Subdivision. which is also zoned C-G. 11m going to move forward to the special considerations listed on page four. Several of the properties do not have direct access to a street. We have got two streets coming in. We have -- wait a minute. Did I get them right? We have streets coming in here and, then, I believe this will be Cinema Drive coming here, so it wjfl be a third street, but as you see towards the north end of the property, they don1t have direct access to a public street, so we have required a cross-access agreement across all the properties, so that they have that ability to get through. This is Millennium and, then, that's Celebration~ There we go. And, then, the fire marshal has provided a memo for tonight that I believe just got handed out to you. These conditions do need to be added to this project, and, basically, what the fire department wants the applicant to do -- there is a drive aisle noted on the plat that goes to here, across and down, so that will be a common drive aisle for the parking lot~ The way our ordinance is structured, they would not be able to call those a private lane or a get private street name on those, so all the addressing will still be off Cinema Drive, so the fire marshal has asked that they just place monuments -- I believe CITY OF MERIDIAN PUBLIC HEARING SIGN-UP SHEET DATE February 3, 2005 ITEM # 4 PROJECT NUMBER PFP 04-008 PROJECT NAME Nola Subdivision NAME (PLEASE PRINT) FOR AGAINST NEUTRAL I ( ~~~. PFP 04-008 MERIDIAN PLANNING & ZONING MEETING January 6,2005 APPLICANT Bergey Land Surveying ITEM NO. 5 REQUEST Continued Public Hearing from December 2, 2004 - Preliminary/Final Plat approva for 4 building lots on 8.02 acres in an I-L zone for Nola Subdivision - SWC of East Pine J Avenue and North Nola Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DE?T: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: SANITARY SERVICES: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS' IRRIGATION: IDAHO POWER: INTERMOUNTAIN GAS: OTH ER: See previous item packet / minutes See memo for conHnuatlon o J),.ill \'\ V.U P I it- ~to b. ~S) YO r:/(~ # S-"g~ -' to.../ Contacted: ErnaUed: Date: J.- ~ - D'S ,JtStaff Initials: Phone: ( To: Planning and Zoning Commission From: Josh Wilson, Associate City Planner cc: Anna Canning, Angela Cornish, Project File Datec January 3, 2005 Re: PreliminarylFinal Plat - Nola Subdivision (PFP-04-OO8) t(l j~~ (j !~~ J_1V~~ 1) DEe 2 9 200li (.:]tv ()f hlcri tiiUJ1 (11'" t:'; f {'~ '1(:> rl.:.~""" {'-.Jt ffl c. (~ "<<--..-) .-: .r J ~.. .~ -..... . ....... \....... .. . -.../ Planning and Zoning Commission Members: Staff has not received the additional information and revisions to the preJiminarylfinal plat for Nola Subdivision requested of the applicant for the January 6, 2005 public hearingw At the December 2, 2004 Planning and Zoning Commission public hearing. the item was continued due to insufficient information and absence of required elements. The requested items are as follows: . Proposed CCRJs for Nola Subdivision; · Revised preliminary plat per the Staff Report dated November 24, 2004J and per ACHD requirements; · Revised final plat per the Staff Report dated November 24, 2004, and per ACHD requirements; · Detailed Landscape Plan for Lot 4; Staff requests that the Commission continue the public hearing on the preliminarylfinal plat for Nola Subdivision to a date one month in order for the applicant to provide the requested items. Staff is unable to adequately evaluate or condition the project until we have the requested items.. Staff would also request that you advise us on what you would like us to do if the applicant has not provided the requested items ten (10) days in advance of the next publiC hearing.. The options are: 1) continue the item another month 2) prepare a recommendation for denial based on an incomplete application.. Sincerely J Josh Wilson, Associate City Planner 1 (.. {: .. ~~~~~~.. ~ :.. Meridian Plannjng & Zoning Meeting December 2 t 2004 Page 22 of 55 Canning: Mr~ Chairman, just so you all know, I spoke to his sister Mary DeChambeau earlier today and she said she would inform him that -- of the hearing date on the 6th and he might try and make that hearing date~ Borup: Okay~ Zaremba: And by that time I assume we will have copies of his memo. Mr. Chairman, I move that we continue Public Hearing PP 04-040 to our regularly scheduled meeting of January 6,20051 and that meeting will also be fe-noticed for that date. Rohm: Second. Borup: Okay~ Motion and second. All in favor? Any opposed? MOTION CARRIED: ALL AYES. Borup: And as I look at this letter that was turned in, that was -- really, their comment was why weren't they notified. So, that is being corrected. Item 10: Public Hearing: PFP 04-008 Request for Preliminary/Final Plat approval for 4 building lots on 8.02 acres in an I-L zone for Nola Subdivision by Bergey Land Surveying - SWC or East Pine Avenue and North Nola Road: Borup: Okay~ Next item is Public Hearing PFP 04-008, a request for preliminary/final plat approval for four building lots and 8~02 acres in an J-L zone for Nola Subdivision~ Like to open this hearing at this time and start with the staff report. Wilson: Chairman Borup, Members of the Commission, Nola Subdivision is located at the corner of East Pine Avenue and North Nola Road and is zoned Light Industrial. The proposal is for a four-lot subdivision. It has come in as a preliminary/final plat request. The southern most Lot 4 has an existing structure, which is used for Oak Harbor Freight The northern portion of the subdivision contains three lots with frontage on East Pine Avenue and Nola Road on the east. Locust Grove is scheduled for improvements. Itls on ACHD1s five-year work program for extension to the west of this subdivision, requiring a 96-foot right of way for the associated improvements to Locust Grove Road~ Along with that, the intersection of Locust Grove and Pine will be improved and widened onto a portion. Pine will be improved on a portion of this -- of this property to the east of the intersection and it1s staff's understanding that there has been some recent developments with the applicant and ACHD regarding the design and the right of way requirements along East Pine Avenue across north of this property and we anticipate that a revised preliminary plat will be submitted. I have to apologize for the large draft across the front page of this~ There was, actuallY1 supposed to be a water mark and read it -- so, it was supposed to be there, but that page was supposed to be readable, so apologize for that. I can get to the specifics in them, but we are recommending a continuation of this upon resolution of some of the outstanding issues ( Meridian Planning & Zoning Meeting Decem be r 21 2004 Page 23 of 55 that were raised pretty late in the process that we didn't have time to address. So, the idea being that the staff report is in draft form and will be revised for your next hearing. So, I apologize for the un-readability of that. Just some issues to touch on and I'll let the applicant address their discussions with ACHD regarding the changes along Pine. Some key things are only one access will be allowed along Pine Avenue requiring cross-access agreements to those -- to the three lots for the ingress and egress. I think one small change from the staff report, ACHD in their report did recommend closing the shared drive along Nola, if it's not going to be utilized. I think in the staff report I said that they recommend to continue use sharing that, but the submitted site plan does appear to not be utilizing that, so I do recommend closing that, if thafs the case. A couple other things. The required landscape easement along Locust Grove Road on the preliminary plat submitted is not shown extending on to Lot 4~ That does need to extend along the full length of Locust Grove Road onto Lot 4 and also the same on Nola Road, which is a small required easement, but it also does need to extend to the south of the property considered for the plat. Along the same veinJ a detailed landscape plan also is not provided for Lot 4 and we have requested that that be provided as part of the application. We did get a detailed landscape plan for the northern three lots, but we do require one for Lot 4 to the south. The existing structure does need to be brought to the same standards along those roads and required buffers as the newly platted lots, so we do need that plan to be able to analyze that~ The City of Meridian Comprehensive Plan future land use map does depict a multi-use pathway along the east boundary of this property along Nola Road. It has come -- it has come to my attention that Nola Road will be cul-de-sac'd to the south of this property upon extension of Locust Grove Road, the idea being that no additional railroad crossings are granted, so to gain the Locust Grove crossing they need to eliminate the NoJa Road crossing, therefore, making the location of the multi-use pathway a little bit unrealistic or difficult along Nola Road, because it would have to have a crossing of the railroad. We feel that it -- looking at ACHDIS plans and the future of the site, that it makes more sense for a multi-use pathway to be along Locust Grove Road and, then, possibly along the south side of Pine for a connection to other pathways in the area and we anticipate working with ACHD on that issue and as a condition we have included an easement -- that the city does reserve the right to acquire an easement where ever that may work out in the future. So, just in summary, the staff does recommend that this is continued for the submittal of some revised information, revised preliminary and final plat. The applicant does -- is required to submit some CC&Rs as well for the development and -- and the changes to the landscape plan and upon submission of those we will prepare a revised staff report and address some of these issues more adequately and with that IIJI end staff's comments. Borup: Questions for staff at this point? Mae: No. Zaremba: ML Chairman, I actually have one for Mr~ Freckleton~ We have a copy of a memo requesting that they allow to hook up to city water full time for their irrigation. Do we need to have an opinion on that or do you have an opinion on that? ( Meridian PJanning & Zoning Meetjng Decem bar 2, 2004 Page 24 of 55 Freckleton: Mr. Chair, Commissioner Zaremba, the applicant and I have talked about this -- the dilemma that they have being on the -- basically the bottom end of a ditch, having intermittent flows, and her discussions with the irrigation district and it was my recommendation that she get it in writing and get it submitted as part of this packet, so that it can go to City Council. They are the ones that can -- have to make the -- take action on that~ For the small amount of landscaping that they have here and given the condition that they have, I think that it -- that it probably warrants the varjance~ One provision that we do have in our ordinance, though, if a variance is granted for them not to have a pressurized irrigation system, they would be subject to paying well development fees, so we tack that on when this goes forward to Council. Zaremba: Thank you~ Borup: Anyone else? Would the applicant have a presentation they'd like to make? Cornish: Hi. My name is Angela Comish and JIm actually the civil engineer that's helping working on this project and just quickly to help you understand a little bit about why we had the variations with ACHD is we had originally had gone in there to meet with them and tell them what we were going to do and the person I spoke with I don't think was aware of how soon this project would take place on Locust Grove and Pine, the improvements. So, I was under the impression that I needed to make those improvements around the side and I worked quite diligently to work on that and, then, last week they brought me in and said here is the plans that are already done and they are actually looking at construction in possibly 2007 ~ So, it's really silly for me to work on putting in -- you know, widening the road and putting in curb, gutter, and sidewaJk, when they are going to turn around and rip it out within a year or so. So, that's why we have the variation in the roadway width and the right of way, stuff that we just need to get revised as far as the preliminary and final plats~ So, it's not major changes, it1s more or less moving a right of way line probably in onto the lot a little bit further than what it is right now. As far as the Lot No. 4 with the building on it, I'm not the surveyor, but somehow during this whole process we went from three lots and that one got added at some point~ So, I don't know exactly how that worked out~ I think the owner actually owned that one at one time, too, I'm not sure, but somehow that got added into there, so that's why there isn't the easements and things that are shown on that and I think the surveyor thought ifs existing, it's theret it already has the landscaping and things, and he probably didn1t realize that that needed to be added to that, so we will get that taken care of. Mae: What kind of a time frame are you going to need to get these changes taken care of and come back? Cornish: Pretty quickly. We are already working on them. Rohm: But you're in concurrence that a continuance is in order? (.::.:.....'.. Meridian Planning & Zoning Meeting December 21 2004 Page 25 of 55 Cornish: By all means. Rohm: Okay. That's-- Zaremba: I think the question on the timing, if we rescheduled this or continued it to our meeting on the 16th, you would have to have all these materiaJs to staff this coming Monday. Is that workable? They need ten days to spread it around to all the people they need to spread it around to. Cornish: Ten days? Zaremba: Well, my question to you is will you be ready to get it -- Cornish: (know. JIm the engineer, though, (1m not their surveyor, and I worried about speaking for him. I believe he could probably do that, but I just wanted to check with -- I wanted confirmation from the folks over there. Do you have to have it truly by Monday? Wilson: We would prefer ten days. It would definitely be preferable. Zaremba: Would everybody be more comfortable if we were talking about the 6th of January, instead of the 16th of December? Wilson: I believe so, depending on the appJicanfs time frame, but, yeah, I think so. Zaremba: Okay. Cornish: We probably ought to do that, then. Zaremba: Okay~ Because they do everything ten days before, so -- Cornish: That makes good sense. And as far as the irrigation, I talked with Bruce about it and I talked with the guys at N~mpa-Meridian and they are like, you know, we just can't guarantee you water, we are sorry, but you're at the end of the line. So, thaes why we approached it that way. Thank you. Borup: Okay. Do we have a date to continue it to? Rohm: I think before we do that, though, shouldnlt we see if there is anybody else? Borup: Yes. Do we have any public testimony on this application? Okay. Mae: Mr. Chairman, I move that we close the Public Hearing. Zaremba: No. We want to continue it. (. ( Meridian Pia nn i ng & Zoning Meeting December 2, 2004 Page 26 of 55 Mae: Oh. Excuse me. You're right. That's what I wanted to do. I knew that all along. So, let me start that over, then. ML Chairman, I move that the Public Hearing on PFP 04-008 be continued to the regular Planning and Zoning Commission meeting of January 6, 2005. Zaremba: Second. Borup: Motion and second. All in favor? Any opposed? MOTION CARRIED: ALL AYES. Borup: Okay. Is the Commission okay to continue on or do you need a short break? Zaremba: We could take five minutes. Borup: Okay. We will take a short break at this time and, then, continue on. (Recess. ) Item 11: Public Hearing: CUP 04-050 Request for Conditional Use Permit for a 3-story, 100-room hotel in an I-L zone for Country Inn & Suites Hotel by Boise Hotel Enterprises, LLC & ABC 2, LLC - north of East Pine Avenue and east of North Eagle Road: Borup: Okay~ Ladies and gentlemen, we'd like to continue our meeting this evening. Next item is Public Hearing CUP 04-050, request for a Conditional Use Permit for a three story one hundred room hotel in an I-L zone for Country Inn and Suites Hotel. This is at north of East Pine Avenue and east of North Eagle Road. Open this hearing at this time and weld like to start with the staff report. Wilson: Chairman Borup, Members of the Commission, this application is for a Country Inn Suites, a three story, 1 00 room hotel, located in a Light Industrial zone near the intersection of Eagle Road and East Pine -- or Pine Avenue. The subject property was annexed in 1984 by Upland Industries and was -- is subject to a development agreement recorded at that time. There has also been two planned unit developments on the property, one in 1991 and one in 1999 and both allowing a mix of commercial and residential uses in the subdivision. In the I-L zone a hotel would not normally be a allowed use, because of the planned -- the planned development CUP. It does expand on the uses allowed within the subdivision. To the -- to the north of the project -- 1111 get a better visual here. To the north of the project is the Crossroads shopping center. To the east is a residential subdivision, Crossroads Subdivision, zoned R-4, and to the -- well, the location of the hotel, the proposed hotel, is in the southeast corner of the property here directly adjacent to the residential subdivision. The site is proposed to have 106 parking spots. Staff does raise a question whether that's adequate. One hundred and six would be adequate for the -- one is required per room, so there are 1 00 stalls required for the 1 00 rooms and, then, thereafter, one parking spot for every two (:.. (/...:-- CITY OF MERIDIAN PUBLIC HEARING SIGN-UP SHEET RECE.I'TSn JAN _.~ ~ _A,} c~ of Meridian City Clezk Office DATE January 6, 2005 ITEM # 5 PROJECT NUMBER PFP 04-008 PROJECT NAME Nola Subdivision i I I NAME (PLEASE PRINT) FOR AGAINST NEUTRAL -[D.f\ \J t'0 t-\<2-e t<<Z-K (" " {... /~ ~". CITY OF MERIDIAN PUBLIC HEARING SIGN-UP SHEET DATE March 15,2005 ITEM # 12 PROJECT NUMBER PFP 04-008 PROJECT NAME Nola Subdivision I I AGAINST I NA~E-IPLEASE PRINT) FOR I NEUTRAL J:tJ!i Li J!i 1 V J:!i D t~AR 1 5 2005 .-". ... ..... ... . .'l,;.l1:Y QT. :'V r: I.. a_ City Clerk Office ( (~:.:... . March 11, 2005 MERIDIAN CITY COUNCIL MEETING March 15,2005 APPLICANT REQU EST W oter, Sewer and Trash Delinquencies ITEM NO. 19 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DE?T: 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: SEITLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: \ Contacted: Emailed: Date: Staff Initials: Materials presented at pUblic meetings shall become property of the CIIy of Meridian.. Phone: (. . ( DELINQUENCY FOR TURN OFF Schedule for March 16, 2005 Cycle 1 . '.~ ~'::'U:~; Jr~~ J['-V~h; 1 i.,..: .:\..:.":' f 5 2005 i. : i ~:~~.: i,~i~;:j~;8W1E~~ MAYOR: Pursuant to Meridian City Code 9-1-21, delinquent water users shall have the right to request a pre termination hearing prior to water service being disconnected. No water users having requested such pre- termination hearing for March 15, 2005, water service for the attached turn-off list will be terminated on March 16, 2005. The total amount of the tum-offlist is $36,536.63. ~ //. {" CITY OF MERiDIAN Delinquent Accoun t ListM council Page: 1 Standa rd Payment Customers Mar 1 5, 2005 02:55pm Current Period: 03/20/2005 No Delinquent Minimum AmountDerinquent Barance Report Criteria: Terminated customers not included Customer. Cust No () = {<} 880000001 Customer. B ill Cycre = 1 Last Pmt Last Pmt Cust No Name Balance Non-OeJinq 01/20/2005 12/20/2004 11/20/2004 Date Amount 244 04.0552~ 1 ABBEY BEN 74.34 31453 42.81 02125/2005 42.69 - 23.0244990.4 ABDERHALDEN~ RICHARD 59442 46.57 1 2.85 02/15/2005 75rOO - 23.02.1 930.2 ACUNAt J ULl 0 & 46.1 0 31 .64 14~46 02/14/2005 80.00 - 30~ 74.2668.1 ADAMS1CATHY 96rgO 42~81 54.09 02114/2005 50433 ~ 30~ 74.3602.2 ADAMS, CYNTHrA 58.48 23~ 1 9 35.29 01/26/2005 114.48 - 23~ 02~ 0428.2 ADLERt J USTrN 224~63 128.85 95~ 78 0211 712005 84.16 - 20.46.4602~ 1 ALBERTSONS 2,447.10 1 ~195.35 1.251 ~ 75 01/18/2005 1 , 195~35 - 22.50.0244.1 ALGERt BRENT 51.14 25.92 25.22 02107/2005 9241 a - 37 .37 ~2904. 1 ALL AM ERI CAN CONSTRUCTIOl 64.23 17.70 17. 70 21400 7.83 37.37~324a42 ALLEN. MARK & MICHELLE 69.36 47~78 21 ~58 03/08/2005 45.00 M 37~37.382241 ALLEN t SCOTT 91 ~67 35.29 35.29 21 .09 01/18/2005 45.00 - 35.35.01 94.4 ALLMONDt JOSEPH & TAKEIA 86.38 49.12 3 7 ~ 26 02125/2005 50400 - 36.68.0278.1 ALVAREZ, ell FF 70.58 35r29 35.29 01/13/2005 35.29 M 23~02.0B88. 1 ANDERSONrDEAN 61 ~ 72 25.22 36.50 02111/2005 25.22 - 25.25.401 O~2 ANGSTMAN~ T~J~ 65.48 32474 32.74 02101/2005 75. 78 - 23402.6300.1 ANSONt PATRICIA 92.92 44402 48.90 02122/2005 40 ~ 00 - 24.04~ 1664.3 ANSON, RICK & REBECCA 140.11 81.53 58~58 02122/2005 120.00 - 46.60.0010.3 ARMSTRONG1 JAMES & NANCY 35.16 21 .46 13. 70 23.01.1510.4 AROUYET1 GILBERT & MARIA 122.22 1 04.50 17.72 30. 7 4~3532. 2 ASMUSS EN ~ J USTJ N 53.38 20 ~ 64 32~74 01/24/2005 28.98 - 36~69.0530.1 A TCHI SON t JEFFERY 119~38 72~81 46.57 02/16/2005 84.64 - 30.7443660.2 ATHERTON~ NOBLE 107.03 55.15 51488 02/17/2005 141.50 - 30. 7 4~3698.3 ATTEBERRY. SHELLY 97.90 29.07 68483 02/25/2005 16~OO - 22.51.3370~ 1 ATWOOD. GINO] 77.62 41.12 36.50 02111/2005 36.50 - 37.37.3616.2 AUSTf N, WJ LLfAM & DOROTHY 28.71 27.77 r94 01/1 2/2005 80.00 - 23.01 ~ 1040.2 AZEVEDO, JOE & HEATHER B8~52 60~66 27.86 03/01/2005 50400 - 304 74~0844~ 1 B AND V, L.L~C. 70.38 33.31 37~O7 01/28/2005 33~31 .. 30.74.2554.2 BAS fCH, TI M & YELENA 85.62 39.05 46.57 01/1 8/2005 46.57 M 24.04.1290.3 BACON~THOMAS & JANIS 153.02 49. 12 56.64 47.26 01/21/2005 50.00 - 30. 7 4.3364~2 BAECHT ~ CARL R. 63.22 24.1 7 39.05 01/1 8/2005 73.36 .. 46.46.7002.2 BAILEY. MI CHAEL & AU N DREA 120.74 36.50 40.26 40.26 3.72 22. 51 .0694~ 1 BAJLEY1 PEGGY 127498 4 7 ~82 47.78 32.38 03/15/2005 1 00.00 - 234 02.3550~2 BAILEYt PEGGY 72~82 72~81 401 03/07/2005 54.09 - 2245042142.3 BARAJASt ANTONIO & VELMA 162~46 84.60 77.86 02115/2005 62~B2 .. 30.74.3604.3 BARBEY. RODNEY & RHONDA 72.34 24.56 47.78 02114/2005 4.00 .. 22.50.2164.2 BARB EY ~ STEVE & LAURI E 91.90 55.40 36.50 02/14/2005 28.98 - 22.50.2360.3 BARBEYl STEVEN 100. 19 33.37 27.77 39.05 12/15/2004 41483 - 23.01.2790~4 SARI NSKY. CYNTH IA 169.28 77.67 54.09 17.70 19.82 23.01.2110.2 BARROET AS ENA, PHYLLIS 1 01.68 30.66 28.98 21 .46 20.58 01/18/2005 40.00 - 23.02.04 72.1 BARTHI JEFF 55~B8 26~ 90 28.98 01/14/2005 56.98 - 25. 25~ 1 07842 BARTON, RANDY & JUDITH 66.82 27.77 39~ 05 03/01/2005 35.29 - 22. 51 ~ 0932.1 SA YVI EW - KELLOGG 60.1 0 26.23 33.87 01/26/2005 22.59 - 21.49~ 090242 BBZ INC 58.72 25.22 33.50 12/2312004 30.98 - 22.50.102241 BEACH~ROXANNE 129.38 93.12 36.26 0211712005 60400 - 20.4640258.1 BEAMGUARD, LISA 81 .90 43.67 38.23 02108/2005 85.62 - 31.52.0700.2 8 ECKt 81 LL 43.24 32. 70 1 0.54 22.51.3080.3 B EEB E. M ELI NDA 54.18 29468 24.50 01/21/2005 29.00 - 24.04.1208.2 BEHRENDS10ALE 120.91 39.05 42.81 39.05 01/07/2005 44r61 - 24.04.201047 BELAI Rt 0 ENN r s 37.62 17.70 14.22 5~70 12/21/2004 113.87 - 22.20.0076~2 BENGOECHEAtTOMASA 61.96 30.43 31.53 01/14/2005 73.94 ~ *** in Msg column indicates no Notice is to be sent ( (.-.. CITY OF M ERI DIAN Delinq uent Account List- cou ncil Page: 2 Standa rd Payment Customers Mar 15. 2005 02:56pm Current Period: 03120/2005 No Delinquent Minimum AmountDelinquent BaJance Last Pmt Last Pm! Cust No Name Sa lance Non-Delinq 01/20/2005 12/20/2004 11/20/2004 Date Amount 22.51 ~2622.1 BENTLEY t DONALD 372.20 121 .56 125~32 125.32 01/2412005 121 .56 - 20146401 06.2 B ERKHEI S ER. RYAN 55.80 32423 23~57 01/31/2005 55.00 M 25.25~9932~2 BJLLI NGS t RA YMOND & DELANA 158~43 35.29 76.57 46.57 01/21/2005 91 ~ 18 - 37. 72~O256.2 BIRDGE. RICHARD & TONI 85.62 39.05 46.57 01/1 8/2005 87.95 - 24.03~O328~2 BISHOP. JEFFREY 111.86 35~29 76.57 01/19/2005 95.84 - 46~60.0018.1 BISHOP, LARRY & TAMI 35.89 31 .43 4~46 24.04.1140~2 BLASER1GLENN 74.34 35.29 39~ 05 01/21/2005 89.46 - 37 ~37 .3842.2 BLEDSOE, STEPHANI E 64.67 35.29 29~3a 01/21/2005 60.00 - 23~O2.1580.2 BLESSENGER, RONNJE & HAZE 67 ~88 41.12 26.76 02115/2005 "61488 - 30.74. 2332~2 BOBKO. RAYMOND 1 OO~66 46.57 54.09 01/04/2005 152.58 - 22.50.1726.2 BOES] G ER~ MAX: 117.46 37.36 36~50 28498 14.62 01/05/2005 85~OO - 30.30.6050 r2 BONNEY1 AARON B 1.78 27.77 54~O1 01/21/2005 223~21 - 30~ 7440660.2 BOSSART ~HI LL. CANDACE 123.69 10.29 113~40 1 0/18/2004 85.70 - 37. 72.0206~4 SOYERt KEITH 40~50 20.25 20.25 01/21/2005 20.25 .- 30.74.3256.2 BRADYtMARK 64.23 26. 13 38410 01/2712005 40 ~ 00 ~ 22~50.1988.4 BRANDTt M. & WIEDENHEFT. A. 86.88 40.14 44.02 2.72 02123/2005 39.34 ~ 22.50.2194.2 8 RAUNt STEPHAN I E 78.36 56490 21.46 02/17/2005 53.22 - 22~50~4272. 1 BREEDLOVE, ANGELA 63.06 31 .53 31 .53 01/1 8/2005 82~52 .. 30~ 74.397442 BREEN ~ RI CHARD 69447 25r 15 42.81 1.51 01/1212005 75~OO - 23~01.0800~ 1 BREWER, SID & SHELL Y 82.93 82.40 .53 03/14/2005 51 ~OO .. 23.02~3370.4 SRI GGSt TERf 143.48 67.92 40~26 35~ 30 02114/2005 50.00 .. 23.01 ~351 0.4 B RI NEGAR~ E~ E~ 11 0.52 66.50 44.02 02116/2005 77.64 - 23. 02~ 1290.5 B RI N EGAR. E. E~ 111.38 44.88 66450 02128/2005 33.00 - 23.02~ 1650.1 BRINEGAR, E~E. 80.62 59.27 21.35 0211 6/2005 60.00 - 24~04. 1762.3 BRUNGERt LI NDA 124~34 27. 77 96.57 01/27/2005 68.23 - 30. 74.3618~4 BURNS, EMMETT 19.99 17.70 2.29 24404.2308~ 1 BUTTERFJELD. CHARLES & TOf\ 247430 87 r93 159~37 01/21/2005 166481 - 22~51 ~ 0298~2 BYEtDEANNA 65.36 32.62 32.74 02108/2005 68.42 M 30.74.2508.1 C W CONSTRUCTION 59r68 29.84 29~B4 01/18/2005 29.84 - 22.50,0726.2 C.F~14 INVESTMENTS 59~ 64 34442 25.22 02/22/2005 25.22 - 22.50.0724. 1 C. F .1. INVESTMENTS 70~26 25.92 25.22 19412 01/24/2005 50 ~ 00 ~ 30~ 74.0396.2 CADAt ROSE 63.06 31.53 31453 02128/2005 39.05 - 30. 74.0400~ 1 CADAtROSE 66.82 31 .53 35.29 02128/2005 35.29 ~ 23.02.0498.1 CADE~ CHRISTOPHER 183.38 63484 119.54 03/01/2005 122~9B - 23.02r5870.4 CALDERONt TRACY & CARLOS 92.66 48~64 44.02 01/18/2005 44~ 02 - 35.35.0106.2 CAMPAGNJt DAVJD 79~38 36.50 42.88 02/15/2005 90.00 - 30.30~6280.2 CAMPBELLt ROBERT 75.29 25.15 50. 14 01/26/2005 43.00 - 35~ 65. 037043 CARDIN, JEFF & GROUT~ BETH 39.06 39.05 .01 02125/2005 46.56 - 35.65.068841 CARPENTERt GAIL 51 .78 24~O1 27 ~ 77 02101/2005 72.38 - 36.69.1122.2 CARTER1 J.R~ 51.15 46457 4.58 03/01/2005 55 ~ 00 ~ 35~65~O608.2 CARV ALLOt TERI 49~59 25.22 24.37 02128/2005 33.00 - 23.02.6850.2 CASE, STEVEN 58.24 36.38 21486 03/01/2005 45.00 - 30~ 74~O680.2 CAS Ht MICHAEL 46.68 21 .46 25422 02109/2005 8.56 - 22.50~ 031 0.2 CASSt BRUCE C 98r22 21 .46 28~98 47.78 01/04/2005 119.02 - 24.03~O850.2 CAST1 PETER & VERIONICA 84r67 39405 45L62 02117/2005 40 ~ 00 - 30.74.3808.1 CHAMBERS.ARON 68.94 26413 42.81 02101/2005 46.57 - 22.50.3726.2 CHANDLER~ NICKI E 94.80 37.20 40.26 17.34 01/3112005 75.00 - 24~O3.0070.1 CHANDLER-ZUN DELt P A TRI CIA 91.76 39.05 42~81 9.90 02115/2005 70rOO - 24.03.0098.2 CHAPMAN1 P A TRI CIA & P A TRI CI 90.26 17.70 17 . 70 17.70 37& 16 12/06/2004 39. 12 - 32.32.4084.2 CHAPPELL~ JOHN 133.00 66.50 66.50 02116/2005 52.74 - 30~ 7442850~ 1 CHEESBROUGH1 JAMES G. 70.74 24.17 46~57 0212212005 42481 - 23~O2~470012 CHENEY, STEVEN 157430 43.90 77. 78 35.62 01121/2005 65.00 - 23.02.61 00.1 CHENEYtSTEVEN 80~40 43.90 36~50 03/0212005 30.60 - 30. 7 4~3676.4 CHENEYtSTEVEN 123.64 53.38 70.26 01/19/2005 113.24 - 30.74.3020.2 CHERRY t DARREL 62r24 23.19 39.05 02101/2005 90.21 - ... in Msg column indicates no Notice is to be sent ("". . (........... . "( .. CI TY OF MERI DIAN Delinquent Account List~ council Page: 3 Standard Payment Customers Mar 151 2005 02:56pm Current Period: 03/20/2005 No DeUnquent Minimum AmountDeJinquent Balance Last Pmt Last Pmt Cust No Name Balance Non-DeUnq 01/20/2005 12/20/2004 11/20/2004 Date Amount 22.50.050043 CHESTERtFAYE 59.00 34~42 24458 03/01/2005 30.00 - 35.35~O216.1 CHRISTENS EN1 S. G. 26~O4 25.04 1.00 03fO 7120 05 25. 04 ~ 37.3743314.1 CHRISTIAN BROS 13~54 9.27 3.48 .79 37 .37 .3268~ 1 CHRISTJAN BROS CONSTRUCTI 12+59 8.77 3~48 ~34 22451.1174.2 CHRrSTIANSON, ARTH U R & GOI 75.1 B 48.83 26.35 02116/2005 131.78 - 22~51 ~ 1170.2 CHRISTIANSON, ARTHUR & CO I 48.86 . 37455 11.31 02116/2005 64. 1 0 ... 36.68.0100.3 CLARK. BR1AN 48.40 44.02 4438 01/18/2005 83~OO - 25.25.0160~2 CLARK. CORTNEY 57 ~96 25.22 32.74 01J27/2005 28498 - 36.6940872.2 CLARKJ GORDON & JENNJFER 77.41 44.02 33r39 0211 012004 480.00 - 37.3744222.3 CLARK~ KI MB RA 65.48 32.74 32.74 01/12/2005 108.40 - 24~O4.1248.3 CLAYt STEVEN & SUSAN 54.09 50.33 3.76 02115/2005 46.57 - 25~ 25.4056.1 CLEVENGER, PATRICK & KUMlr 70~58 31.53 39r05 01/1 812005 80.88 - 25.0540344.1. Cll FF t DWJ GHT 124~ 9 7 84417 40.80 03/14/2005 70.00 .. 46.17.0708~2 CLrNTON ~ GARRY & JERIL YN PL 66.24 62~82 3~42 35r35.0189.2 CLOUGH J R. G4 & PAM 57.96 28.98 28.98 03/09/2005 32.74 - 29. 07 rOa92~3 CLUPHF ~ CHRI S 45.74 28.98 16. 76 03/0212005 60.00 - 22.5140874.1 COLEt ORVILLE 80~58 46466 33.92 02115/2005 50400 - 24.0440888.1 CONN ELL~ 0 I ON 120.80 60.40 60~ 40 01/26/2005 77 . 38 - 23.02.19204 1 CONRAD I, LINDA 159.44 B9r 10 70.34 02117/2005 1 04. 1 0 ... 30.30.6018~2 CONWAYt JOHN & ELAINE 57.70 28.98 2B~ 72 01/21/2005 33;00 - . 23402.310042 COPE, WI LLfAM & REBECCA 81 .38 41~12 40.26 02/01/2005 32.24 - 23.01 ~O210.1 CORDINGLEY~ MRS LARRY 69.18 51.42 17.76 02125/2005 25.30 ... 30.74.3212.1 COREY BARTON BUILDERS 55.50 26.52 28.98 02122/2005 44.02 .. 22~50.1412.2 CORP j WESLEY 37r45 23.06 14r39 09/22/2004 100.00 - 24~O4.1746.1 COSGROVEt AMY 1 08.1 0 65.29 42.81 02116/2005 72481 - 25~O5.0662.2 CRANE, JACK 96.90 42.81 54 ~ 09 01/1 8/2005 88.56 M 37.72.0228~3 CRON I STERj DA VI D & TERESA 55~80 54.09 1.71 20.47.1178.2 CROWl JEFFREY 88. 18 4 7 ~66 40.52 01/26/2005 40.00 - 22.51 .0742.2 CRUMt SCOTT & BECKY 68~ 14 35440 32.74 01/31/2005 32.74 ~ 22~51 ~3260.1 CRW HOLDINGS LLC 226.24 112~oa 11 O~40 3.76 02/25/2005 1 06.64 - 24.04~06B6.2 DA ROSA~ JULI E 135.16 68.58 66.58 02116/2005 55.30 - 23.02.0910.1 DAILEY1 DON 54.56 44.88 9.68 02128/2005 35.42 - 22. 50.0284~3 DALEtMARK 52.22 21418 17.70 13~34 12/21/2004 20 ~ 00 - 37437 r292042 DALEY. NEAL 73~90 44.02 29488 2 2~ 50.385 2 ~ 2 D'AMICO. JENNIFER 84.86 30.66 28.98 25.22 01/04/2005 27.82 .. 20.46.0316.3 DANAHA. STEPHEN 49.53 36~97 12.56 36.69.1646.1 DANE BARLOW 157.04 148 . 71 4.85 3448 24.03.0078.2 DAVIS. LORAN & SHANNON 55.07 39.05 16.02 02115/2005 1 00.00 - 22.50.028846 DAWSONt CAROL 102.96 25.92 51 ~46 25.58 01/21/2005 1 00.00 - 37.72.0132.1 DEL BRADLEY STJNE 78.1 0 39.05 39.05 01/19/2005 84.64 w 23.02.1610.1 DESILETt DENICE 66.46 32.62 28~ 98 4.86 01/26/2005 25.00 ... 23.02~ 1960.1 DICKSON, DONALD M 133r90 45.86 4 7 L 78 40.26 12/13/2004 119~46 ~ 30r30.6142.2 DILECCE~ COSIM 0 70.80 17.70 1 7 . 70 17470 1 7.70 11/18/2004 53.88 - 35.65.041642 OlLECCEJ JOE & TERESA 74.34 31453 42.81 01/19/2005 74.34 - 22.50~0204~ 1 01 P AOLA, JONA THAN 64~ 90 35~40 29.50 02109/2005 30.00 - 24r 03.0720.1 DOBARAN, JOHN & ARVELLA 22.62 11 .31 11.31 02122/2005 11.31 - 24.04.1554.1 DOLL. THOMAS 140.68 47.78 92~90 01/13/2005 136~84 - 24.044 1166.3 DONALDSON, NEAL 76~ 76 32.74 44.02 01/28/2005 99.24 - 24.03~0830 ~ 1 DONLON, KATHRYN 1 05.87 31 .53 35.29 39.05 12/28/2004 61.42 - 37.37.3302.1 DONNELL Yt scan & MARLA 73498 25~22 25~22 15.13 8441 30. 74L 1062.1 DOTY. PAULINE & RON 72424 51 .28 20.96 02122/2005 88.00 - 35~ 65.0422.2 DREXLER, ADRIAN 63.06 31 .53 31.53 02101/2005 24401 - 24.0441312.2 DRIPPS, NICHOLE 89~38 42.81 46~57 02104/2005 9541 0 - 24.04.2282r 1 DRURY1 PATRICK 1 08.4 7 46.57 61.90 02/17/2005 65.00 - 35.35.0036.3 DUARTE1RACHEL 119.90 36450 40426 43.14 12/21/2004 115.00 w *** in Msg column indicates no Notice is to be sent f:~ ~ CITY OF M ERrOIAN Delinquent Account List- council Page: 4 Standa rd Payment Customers Mar 15. 2005 02:57pm Current Period: 03/20/2005 No Derinquent Minimum AmountDelinquent BaJance Last Pml Last Pmt Cust No Name Sa lance Non-Delinq 01/20/2005 12/20/2004 11/20/2004 Date Amount 36.6840102.2 DURHAMtKYLE 76.65 31.53 31 ~53 13.59 12/14/2004 125.00 ... 24.04.0886.1 DUVALLt DEBORAH 61 ~69 31 .53 30.16 01/21/2005 65.00 - 23. 02~50 1 0.1 EARLEY. GEORGE 54. 18 25~22 28~96 03/1 0/2005 29~OO .. 30.744 11 08.1 EDDY, DENNIS 68.88 32.56 36.32 02101/2005 36.32 - 21 .484 1632~2 EDDYS BAKERY 139.85 72~42 67 . 43 01/28/2005 72.42 - 21 .48.1633.1 EDDY.S BAKERY ~52 .52 "01/18/2005 3.48 - 30474.3678.2 EDWARDS, DEARL W 117.57 26.13 50~33 41.11 01/26/2005 45.00 .. 23~O2.2734.1 EDWARDS, MJCHAEL A B6~ 18 39 ~ 16 36r50 10.52 01/24/2005 70~ 00 - 22.51.2992.1 ELD, LARRY 112.08 26.08 41~ 12 44.88 01/13/2005 61.12.. 22~ 51 ~O758.1 ELITE CLEAN ERS 41 O~65 141.75 140.09 128.81 01/04/2005 253r86 ~ 21.48~4850.1 ELIXI R INDUSTRI ES 39.40 38.42 .98 02128/2005 37.44 - 37.72.0101.1 ELK RUN HOMEOWNERS ASSO 200~OD 200.00 03/11/2005 116.30 - 22.50.051442 ELLrOlT. KIMBERLY 68~ 14 39416 28~ 98 01/18/2005 4.00 - 30.74.3200.1 ENGLUN D. MIKE 64.20 25.15 39.05 01/1812005 73.36 - 23.02.1940.1 EPLEY. RITA 82.78 49. 78 33.00 02/28/2005 45.00 - 22.50.123842 ERHART. MILT 1 05.34 9.90 21 .46 73.98 10/19/2004 127.82 .. 22. 50r 1232~2 ERHART. MIL TON 48~66 33444 15.22 03/15/2005 40.00 - 23.02.0320.1 ESTEP. NINA 68.70 32.74 35.96 02/08/2005 33400 - 23~0242430.2 " ETJENNE~ LUCRETIA 67.78 35~22 32.56 01/26/2005 52.86 .. 32~32.4386~2 EV ANSI DANI EL. RHONDA " 76.76 · 36.50 40~ 26 02115/2005 40.26 - 30~ 74.2688.1 EV ANSI STEVEN & KRIS ITE 88.04 40~26 47.78 01/1 9/2005 120~82 - 22~51 .0406.1 FARMERS & MERCHANTS BAN~ 245.62 123.40 122.22 02/28/2005 38~4 7 .. 35.65.0262~2 FENWl CK. J. & LOGAN ~ SHERYL 39~40 1 7.70 17. 70 4400 22.50.026047 FIELDSTAD, CHRISn' 78.66 49.68 28.98 02115/2005 80.25 - 22. 50~O290~5 FIELDSTAD, CHRISTY 52~ 12 34.42 17.70 01/1312005 95~ 78 - 30. 74.2568.2 FI NLEY. JEFFREY 162~O6 32.74 81 ~54 47~78 01/19/2005 76.06 · 37. 7240274~ 1 FJTZGERALD, JUANITA 99.32 47~78 51 ~54 01/1 8/2005 44.02 .. 23.0141160~2 FLATEN r BOB 76.64 36~38 40426 01/25/2005 32~ 74 .. 2044 7 .0008~ 1 FLAn~ BRIAN & BRANDY 1 04.46 55~93 48.53 02107/2005 44.61 - 29407.0878.2 FOL WELLt RITA 70.22 31 .35 38rB? 02108/2005 35.11 - 21.4a~2696.1 FOOD SERVICES OF AMERICA 500. 14 233. 15 266.99 02115/2005 195.55 - 21 .48.269441 FOOD SERVICES OF AMERICA 2.320~ 22 1 ~069 .86 1 ~250. 36 0211512005 1 ,43a~38 - 30.30L6212~2 FORSTERt PAMELA 136.53 25415 72.81 38.57 01/19/2005 1 00.00 .. 35435. 1414.3 FOX, ERICK 73.00 32.74 40.26 01126/2005 28.98 · 24.044 1162~3 FRANKS. JAM ES & JORIT A 1 02.00 52.88 49.12 02103/2005 45436 ~ 36.68.0142.1 FRAZEEt AN GI E 77.15 39.05 38~ 10 03/01/2005 40400 ~ 22.51.3078~3 FREEMAN, NICOLE 28.58 27458 1.00 02/15f2005 94.16 M 24~ 04L 1708.2 FRErNW ALD t CLA Y J R 44.92 36.50 8.42 02/15/2005 90.00 - 23~ 014 0832.1 FRI ENDS OF CHI LDREN & F AMII 36. 71 35.71 1.00 03/01/2005 26.35 - 22~51 ~3660~3 FUH RMAN. J] M 27.45 21.18 6.27 36.69.0106.2 FURGASON. BONNIE 7 4~34 35429 39.05 02108/2005 35.29 .. 20.46.0262.2 GABRI ELt RON & MARILYN 69.48 34419 35.29 02101/2005 35.29 M 25.25.453042 GALITZ, KURT & JEANINE 44.38 42~a 1 1.57 02128/2005 4S.00 - 23402.4390.3 GALLUP r JOS HUA & EMrL Y 60.62 31 .64 28.98 01118/2005 17413~ 22450~ 1996.2 GARCIA, CHRISSY 81 .38 44.88 36~ 50 01/26/2005 40~ 17 .. 20.46.0116.1 GARI BOVJCJ KAS I M 1 03~ 79 36497 35.29 31 .53 01/2612005 72.22 ~ 22.50.0132.2 GARI DELt TROY 98.14 65~40 32.74 02/16/2005 73. 16 - 25.25.990442 GARVJNt MATTHEW 95.62 51 .54 44.08 02122/2005 91 .53 ... 23. 02~Og50.1 GA YTHIW AITE, RITCH I E & SUS~ 94~OO 47.43 46~57 01/18/2005 80.88 - 30~30.6220.2 GENTRY ~ LANCE 63.22 24.17 39405 01/2412005 39.05 ~ 30. 7 4~3078.2 GENTSCH ~ NOREEN 212.45 a3~57 125~53 3.35 02116/2005 80.00 - 20.46.0622.1 GONZALES, JOHN 77.98 38.93 39.05 02109/2005 31 .53 · 23.01.209041 GOSS EN. KELLI 68.14 35.40 32r74 01/18/2005 1 01.20 - 36469r0376~ 1 GRAYSON~GARY 92~66 46.57 46.09 02108/2005 69.00 - 37472.0212.1 GREEN, J USTI N 79.54 40426 39.28 02111/2005 45.00 - ~** jn Msg column jndicates no Notice is to be sent /.~.... . { CITY OF M ERI DIAN Delinquent Account List~ council Page: 5 Standa rd Payment Customers Mar 1St 2005 02~57pm Current Period; 03/20/2005 No Delinquent Minimum AmountDelinquent Balance Last Pmt Last Pmt Cust No Name Barance Non..DeUnq 01/20/2005 12/20/2004 11/20/2004 Date Amount 32.3244 766~ 1 GREG HA TCHER CONSTRUCTI( 23.43 16~69 3.48 3.26 32.32.4650.1 GREG HATCHER CONSTRUCTIC 1 O~52 7.04 3.48 02115/2005 1.12M 22. 51.3350 ~ 1 GREGORY t STEVEN 59.64 30466 28498 01/14/2005 25~22 - 23. 03~40 12. 1 GREYLOCH CUSTOM CASrNETF 38.48 29.55 5.45 3.48 20.47.0056.2 GRI FFIN t STEPHEN & MARY J 0 69~ 12 36.38 32~ 74 01/26/2005 36.50 - 23.02.4290.1 GROSSOt SHADOW 5a~66 29.68 28.98 02115/2005 80.44 - 24.03.0034.1 GROUND ~ J EN NI FER 138.39 39405 76~57 22.77 01/19/2005 100.00 - 32.32.46B8~ 1 GUARANTEED QUALITY 13.64 8.48 3.48 1 ~68 46.17~O534.1 GUARANTEED QUALITY 13.05 9.57 3.48 32.32.4304~ 1 GUARANTEED QUALITY HOME': 29476 20.95 5.44 3437 32.32.4342.1 GUARANTEED QUALITY HOME': 14.73 9.57 3~48 1.68 32.32.4346.1 GUARANTEED QUALfTY HOME:: 20.00 20.00 32.32.4330 ~ 1 GUARANTEED QUALITY HOMEE 18.49 13.33 3~4B 1.68 32~32~4302.1 GUARANTEED QUALITY HOME~ 14. 73 9.57 3.48 1.68 37 .37.3300~ 1 GUARANTEED QUALITY HOME~ 11464 7.04 3.48 1.12 46L 17.0415.1 GUARANTEED QUALITY HOME:: 53.46 17470 17. 70 14.58 3.48 22.50.2378.1 GUTHM I LLER~ BRIAN A 33.62 30466 2.96 01/18/2005 200.00 ... 24.04.1620.7 GUYMON, GREG & ALISON 31 .98 28.98 3.00 03/0212005 1 00.00 .. 30.7440074.1 HACKING. DALE 40~56 40.26 ~30 02122/2005 47.48 - 30.74.2760.2 HAGAN, CHRISTOPH ER & AMAf\ 123~ 14 76.57 : 46~ 57 02116/2005 854 78 ~ 36.68.026842 HALEt LAWRENCE 75.66 41 .60 34 ~ 06 12/22/2004 45.38 - 22.50.1512.1 HALL1 LEO 92~88 39427 53.61 01/21/2005 49.85 - 23.02.3360.2 HALL1 TI MQTHY & DEBRA 70~ 1 0 33460 36.50 01/25/2005 72~84 - 37437.3310.1 HALLMARK HOMES 57441 21 .46 21.46 14.49 0111212005 6.17 ... 24.03~081 0.2 HAMM ER, MIKE 66482 31 .53 35.29 01/26/2005 27.77 - 35.35.303641 HARDlNG ~ MARY 33~ 76 25.22 8~54 02114/2005 5D~44 - 23r02.2612~2 HARMON t WI LLIAM 50.16 21 ~ 18 28.98 01/14/2005 25.22 - 36~69.0578.1 HARRIS~ DEBORAH 91.67 91.61 .06 02/16/2005 138.20 -. 37.37.3872.2 HARRIS ~ JOE & JI LL 39.15 39.05 .10 02128/2005 46~4 7 .. 2440440512~3 HARRIS. KATHY 85~62 42.81 42.81 02115/2005 113.66 .. 304 7 443230 ~ 1 HARRfSON~ THOMAS 62~86 22.60 40426 02122/2005 40.26 ~ 30. 7443334~3 HASTI NG, SH ERRf 59.46 24.1 7 35 ~ 29 02111/2005 35~29 .. 22.50.2112.2 HAY. CHARLES & ROBERTA 141 ~55 52417 50.33 39.05 12/23/2004 1 01 ~56 ~ 22.50.2372.5 HAYCOCK~ VANESSA 83.54 40~ 73 42.81 01121/2005 82.91 - 24.04.1212.1 HA YLETT ~ M rKE 66.82 31 .53 35.29 02115/2005 80.41 - 22.5140326.1 HAYMOND. DAVID A 92~66 44.88 47. 78 01/31/2005 44.02 - 36~6940694~2 HEATON. CHAD & HEATHER 144.79 84.09 604 70 02/16J2005 85.00 - 23.0245070.3 HEFNERt C & BEANt D~ 84.16 43.90 40426 02/09/2005 36.50 - 23.02~225045 HENEY1 TJMOTHY & JOANN B8.90 44488 44~O2 02101/2005 56.32 - 30. 7 4~2440.2 HERBERT ~ RAN DY & EM I L Y 35.87 31453 4.34 02125/2005 40 ~ 00 ~ 25~O5.0220.1 HESS lNG, WfLLIAM 227.16 126474 100.42 01/19/2005 207.96 - 24.03LOO36.2 HESTER. CH RISTIN E 1 08418 57.85 50.33 02115/2005 50.33 - 24.03.0094.2 HESTER, CH RISTIN E A 149~54 84.17 65.37 0211 5/2005 42.81 ~ 22.51.0934~2 HICKEYJ F~A~ & JEANE 71 ~90 42.92 28498 0210112005 Br56 - 22.51 .0658.1 HICKEY, JEAN 50.18 45.47 4.71 02114/2005 80 ~91 - 22450~ 0592~2 HIES. JOHNN 51.14 25.92 25422 02101/2005 69 ~94 - 22451.3580. 1 H IGGI NBOTHAM, RON 170.80 89.26 81.54 02116/2005 51 ~54 - 34.34.6264.1 HIGH~NDER HOMES 21 2. 71 138~O2 57.49 17420 24.03.026442 HJLLt TARA 80.52 40.26 40.26 01/12/2005 1 08.52 - 30.74.068843 HISLOP, TOM 57.96 25.22 32~74 02117/2005 25.22 - 29r07.099S43 HISLOP, TOM 7841 0 35~2g 42.81 0211 7/2005 46.57 - 29.07~ 1096.2 HISLOP. TOM & HA TCHERt PEN 91472 58 ~9B 32~ 74 02/1712005 66.46 - 22.50.4810.2 HIXj MICHAEL 44~ 16 32.74 11.42 02125/2005 40.00 - 35435.0221 .2 HOALST, JODI 139~44 54409 85.35 02128/2005 50.00 - 20.4640356r 1 HOLDRIDGEt JOANNE 1 04~92 53438 51.54 02128/2005 44.02 .. wir. in Msg coJu mn indicates no Notice is to be sent ( ..........-..... . 1. : CITY OF MERI DIAN Delinquent Account List.. cou ncil Page; 6 Standard Payment Customers Mar 15, 2005 02:57pm Current Period: 03/20/2005 No DerJnquent Minimum AmountDeJinquent Sa lance Last Pmt Last Pm( Cust No Name Balance Non-Delinq 01/20/2005 12/20/2004 11/20/2004 Date Amount 30.74.101443 HOLLOWAYt JERALD K 105.74 32~74 36r50 36.50 01/19/2005 80.52 - 32.32.4630.3 HOLZER, E RI C & LISA 420.26 42.81 377~45 22.51.0918.2 HOOD1CHAUNCEY 80440 404 14 40426 0211112005 6.54 - 22.51.0446~2 HOOTS. TRACI & RAMI REZ, MAf 579.01 340.39 236.91 1.71 22.50~ 0678 ~ 1 HOOVER, L YND M 165~B3 72.69 50.33 42~81 02116/2005 110449 - 22.50.068041 HOOVER. L YND M . 102.88 70. 14 32r 74 02116/2005 65432 - 36.68.0132.3 HOSTETLER~ J EANJNE 24~56 17.70 6~B6 36.69.1276.2 HOWARD. DONALD & CAROL YN 95468 95.68 04/21/2004 35.32 - 23~O 1 .0420.1 HOWARDt TREVIS 1 05.98 54 ~ 40 51 ~58 01/18/2005 1 02.02 ~ 22.20.0084.1 HOWELL. P A TRICfA 37.63 30.66 6.97 01126/2005 22401 - 35~ 654 0704.2 HUBBARDt SCOTT & ERICA 61.10 44.02 1 7.08 02/25/2005 37.38 - 35.65~O706.1 HUDDLESTONt CODY 203.63 87.85 1154 78 02116/2005 60.00 - 35.65.0460.2 HUMPHREY. KELL Y 7841 0 42.81 .35429 01/25/2005 42.81 .. 30. 74~3436.2 HUMPHREYSt JASON & CHRIST 86~22 42420 44.02 02115/2005 64. 34 ~ 22~51.0714.2 HUMPHREYS. JOHN 63.64 31464 32.00 01/26/2005 a2~OO - 22.51.0510.4 HUNT, WESLEY 84.16 43.90 40.26 02114/2005 44.02 - 36.6940926.2 HUNTTJ NG. 0 EN NIS & RANAE 1 ~344. 50 44.02 66.50 44402 1 , 1894 96 02101/2005 44.02 - 30~ 7442944.3 HUSFLOEN t TRr SHA 19.02 17.70 1432 03/01/2005 15~OO - 25~25.4024.2 HYMAS, AARON 61~72 28.98 32~ 74 01/28/2005 78.56 - 29.07.1 064.1 HYMAS. ARRON a 1.86 35~ 29 46.57 01/21/2005 145.62 · 21.49.1148.1 IDAHO H EA TI NG AN D Al R 41 9.40 13g~80 139.80 139.80 01/13/2005 136.04 - 30~ 74~2856.2 IMMEGART, KURT 50~g6 23.19 27.77 01/27/2005 31 .53 - 24~03~4001 . 1 INTERSTATE BAlTERY 4~O6 4406 10f1912004 91 .68 - 20~4640220.2 IVERSON. DANl EL & JOYCE 68. 14 35.40 32.74 01/26/20Q5 32~ 74 .. 23~ 014 1902.3 IVERSON1 RODNEY 204.83 1 04.34 100449 22450.4506.1 JACOBSON t BETTY B. 4 7 ~ 38 25.92 21.46 01/18/2005 65438 - 23~ 23.30 12.2 JAEGER, KEVJN & CLA Y. TJ NA 107.48 39~ 16 36.50 31.82 01/07/2005 1 oo~oo .. 35.65~O666.2 JAMESON. BRETT 59.30 27.77 31.53 02101/2005 61 ~ 1 0 ~ 25.25~OO24.1 JEFF MANS HI P 51 .78 24.01 27 ~ 77 01/1812005 7 4~B3 - 22.50~2096.1 JEFFS, GEORGE & PATTY 93.64 45.86 47~78 0211 5/2005 40.26 - 35.35.5028.3 JENS EN t ERIC & CH RI ST ALl NA 85.62 42.81 42.81 01/18/2005 94.94 - 32.32.4148.2 JESSEN. LELAND & GEN E 41453 31.53 1 o~oo 02115/2005 25~29 ~ 25.25.107442 JOHNSONt BRETT & MiCHELLE 81486 39.05 42~81 01/18/2005 84.64 - 30.74.364242 JOHNSON t KEVI N 43+31 29407 14.24 02/14/2005 1 00.00 .. 23.01.2710~2 JOHNSONtMARC 111.38 41412 70.26 03/14/2005 36.50 .. 29.07.0886.3 JOHNSONt ROGER & HOLLY 51~78 24~O1 27 ~ 77 01/21/2005 65~68 - 20~47 .0068.2 JOHNSON ~ RONALD & APRI L 63.60 4 7 ~43 16~ 17 12107/2004 150.00 - 23.02.1 B90~3 JOHNSON, STEVE & BARB 141 ~80 53.15 54.09 34.56 11/09/2004 37.25 - 22.51.4290.1 JONES.BRET 231 .83 120~62 111.21 03/15/2005 1 05~70 - 36. 6B~0320.1 JONES1 DONALD 31485 31.53 ~32 0212212005 2B~OO - 20.47~ 1036.2 JON ES. F AROL 1 04416 68.93 35~23 02116/2005 125.00 - 22.50~2354.1 JONES. OWEN 72426 36.97 35~29 03/01/2005 26.26 - 23.02.5510.3 JON ES t SAMU EL 82~65 64.51 18~ 14 22.504209843 JONESt WES & CINDY 73.24 37495 35.29 02111/2005 32.74 - 22.50~2122.2 JONES. WES & CINDY 133.90 45486 55.30 32~ 74 01/18/2005 95r48 - 22~50~ 241842 JONES. WES & CINDY 99. 16 48.64 50.52 03/03/2005 60.00 - 24.03~O82842 JONES1 WESLEY & CYNTHIA 78.10 39.05 39.05 01/19/2005 139~79 - 23.01.2720.2 JOY. JENNIFER 80.40 40. 14 40.26 02128/2005 41 ~47 - 36.69.0568.1 JUDGE1 ROGER & SANDRA 84.28 40.26 44.02 02108/2005 40.26 ... 20.46.0802.4 JUDY t VI CTOR 157.38 89 ~46 67~92 02117/2005 50.00 M 37.37.3344.2 K W HOMES INC 35~40 29 ~ 70 5~70 32.32.4648.2 KA01 DAVJD & CHANG 19.41 17~70 1.71 36~6B.0224~ 1 KA VI LA. JOS EPH 74.34 35.29 39.05 01/14/2005 84.64 - 23~03~4020 .1 KB WELDING 22.48 9~51 12.97 02128/2005 3.48 - 35. 35~0391 .2 KEENEYtDARYL 85.62 42~81 42.81 01/21/2005 81486 w *** in Msg column indicates no Notice is to be sent ('. . .{ CITY OF MERJ DrAN Delinquent Account List- cou ncU Page: 7 Standard Payment Customers Mar 15t 2005 02:58pm Current Period: 03/20/2005 No Delinquent Minimum AmountDerinquent Balance Last Pmt Last Pmt Cust No Name Balance Non-Derinq 01/20/2005 1 2/20/2004 11/20/2004 Date Amount 30~74.378B~2 KEEN EY ~ DOLAN & ELIZABETH 70~22 22.60 44.02 3.60 02128/2005 44402 - 23402.0952.3 KEITH t WI LLIAM & LORRAI N E 7 5~34 55.34 20 ~ 00 02125/2005 39.06 - 24.03.0286.1 KELL Y, MJLLrCENT 51.78 27 ~ 77 24.01 01/24/2005 27 ~ 77 - 24~O4.1944~2 KIMBROUGH~ CHRfSTOPHER & a5~ 62 39.05 46.57 01/12/2005 104.10 - 22.50.0594.2 KINDALL, AARON & M ISTrE 90.24 4 7 ~43 42.81 02117/2005 39.05 .- 23.0140160~ 1 KLUG. DAvro 41 ~39 37.36 4.03 01/18/2005 50.00 - 24+04.1204~2 KNIGHT, TIMOTHY 48.02 24.01 24.01 01/18/2005 20 ~ 25 ~ 22. 51 ~3570~4 KNOXt JERRY & NORMA 605.96 76~ 16 77. 78 47.78 404424 07/1 9/2004 50.00 ... 46.46~6280.2 KNUFF t B RY AN & SHERRJ 66.82 31 .53 35429 01/24/2005 39 ~:05 .. 30.74.3962.2 KOCHt JOSEPH & VILMA 57.66 26 ~ 13 31.53 02115/2005 93~26 ~ 24.04.185B~2 KOCH. MI CHAEL & SAL I NA a 1 ~86 35.29 46.57 02/09/2005 39.05 - 36~69.0498.1 KOELLING. CRAIG 70.58 35~29 35429 02101/2005 96.90 - 24.04.2304. 1 KOYLEt RUSSELL 85.62 39.05 46.57 01/2712005 46.57 - 37.37.311641 KUEHL CONSTRUCTJON 42.92 17 ~ 70 25.22 01/27/2005 ~ 17. 70 ~ 20.46r0368.2 KUPER~ GREG 85.50 38~93 46.57 01/19/2005 79 ~08 .. 22.50~ 1750.1 LACY. MEL 122.25 29.45 65~ 29 27 ~51 01/1912005 1 OO~OO ~ 29.07. 0260 .~1 LAMBSON. MARSHALL 120.72 41 ~60 79.12 01/19/2005 1 00.04 ~ 22.50.426842 LANHAM. PATRICE 145.70 54.09 9' .61 01/1 9/2005 175.21 ~ 23.01.0890.1 LANTZt STAN 56.11 30~66 25.22 .23 03/15/2005 25.00 M 23.02.4490~2 LARSON, L.EI F 65.88 59.10 6~78 03/14/2005 .' 50400 - ~ 35.6540260.2 LARSON, WADE & LAURI 143.60 41 .60 56.64 45.36 01/19/2005 92.34 - 35.65.0300~ 1 LAU1 TODD 40~26 36.50 3~76 01/21/2005 36.50 - 35.35.0401.3 LA V ARELLOt M I G U EL & BRAND I 81.86 39~O5 42~ 81 02115/2005 82.84 - 35465.0626.2 LAWTONt ANN 41.83 39.05 2~78 01/26/2005 82.84 ~ 22.50~ 0600.2 LAYTON. JONATHON & FELIClT 84.16 40 ~ 14 44.02 01/27/2005 32.74 - 46r46.6318.2 LEE~ PAUL HOJOONG 69~24 40.26 28.98 01/13/2005 78456 - 30.74.1260.3 LEGGETT. CHAD & CHERYL 94.59 35429 35.29 24L01 01/0512005 35442 M 22~50.2428.1 LEONARD, DAMON 1 OB~20 54.95 53.25 02125/2005 50.00 M 30.74.3250.2 LEVITI, MONTE & JULIE 74.10 23r58 50~52 11/23/2004 75.00 - 23.01.3250.2 LI DDELLt JOS H & SARA 136492 62.82 74.10 01 119/2005 181.08 ~ 24.03.0386~2 LIGHTFOOT t LANCE S. 62~56 2B~98 32~ 74 ~84 02115/2005 65.00 - 30.74.3218.3 LI NOS EY. STEP HAN I E 67.96 25.15 42.81 01/26/2005 39. 05 ~ 20~46.0328~2 LI NTONt CHAD 186. 72 32~23 154 ~ 49 03/01/2005 50.00 -W 37 ~ 7240292. 1 L1STON1 KEN 74434 35.29 39.05 01/24/2005 42~81 · 23~O2.4070~4 LJ PROPERTIES LLC 65~21 31 ~31 15~O7 18r83 12/2112004 44.86 - 30.74.3624.3 LUTHY. BRITTENY 45.90 23.19 22. 71 03/09/2005 50.00 - 36~ 69. 1556.1 MAC E. JEFFREY & BERLEN E 228~55 50.33 178.22 03/11/2005 75.00 - 23~02.4480 r 1 MADRI D, JOS EPH F 77~OO 37.95 39~O5 01/24/2005 73.36 - 23.024141 O~ 1 MADSEN, JOHN 127.48 49.62 77.86 02104/2005 85438 - 23.01.3350~ 1 MADSEN~ LOU 54.20 25.22 28 ~ 98 0210212005 75.00 .. 35.35.1 004~2 MAHALISKOt MIKE 111 ~86 69.05 42.81 02116/2005 80.73 .. 304 74~O394.3 MANTHA~ TRAVIS & APRIL 61.72 28.98 32.74 02115/2005 28.98 ... 304 74.2642.1 MANWARINGt MARK 1 00495 39 r05 50~33 11.57 02115/2005 65~OO - 23402.151 O~ 1 MANWARlNGt MARK 138422 59 ~ 1 0 32~ 74 28.98 17.40 01/24/2005 10.00 - 20.46.0792. 1 MARCHALt BART 93464 49~62 44~ 02 02115/2005 81 .50 - 24.03.005642 MARCHANTt KIMBERLY 66.82 31.53 35429 01/21/2005 68~62 - 36.68.027642 MARCROFT1 BOB & ELAINE 361 .86 17 . 70 337.30 6~86 24. 03.0806~4 MARCUMt CARL & J ULI E 76.85 35.29 39.05 2.51 03/01/2005 40 ~ 00 - 23402~5940.1 MARl NEAUt SHI RLEY 93424 48~96 44.02 .26 01/11/2005 40.00 ~ 24.0340396r2 MARKAR DESIGN 104.42 50.33 54~ 09 02128/2005 54.09 - 36.69~O156.3 MARQUIS~ RON & SANDRA 47.06 44402 3~O4 02125/2005 40498 - 29r07.0236.2 MARSHtROBERT 70.58 31 .53 39.05 02128/2005 35429 - 24.03.027443 MARTI N, BILL & DEANA 96.90 46.57 50.33 02114/2005 71.71 - 23.02.2520.3 MARTJN. CRArG 188499 111 rOB 71 .35 6~56 01/24/2005 1 00.00 .. 37~37.2892.1 MARTIN, RONNA 70~58 35~29 35.29 02108/2005 35.29 ~ t.. in Msg column jndicates no Notice is to be sent (: .. CITY OF M ERI DfAN Delinquent Account List- council Page: a Standard Payment Customers Mar 1 5, 2005 02:58pm Current Period: 03/20/2005 No Delinquent Minimum AmountDeUnquent Ba'ance Last Pmt Last Pmt Cust No Name Sa lance Non-Delinq 01/20/2005 12120/2004 11/20/2004 Date Amount 35~64.0020.2 MARTINEZ, RON 61.72 28498 32~74 01/13/2005 156.06 - 30.744 1 044~3 MARTI NEZt ROSA 68.90 28.98 36450 3.42 22.50.242441 MARTS1 DEBJ 63~40 30.66 32.74 03/01/2005 28.98 - 37.37.3032.1 MARX1 BRAD & JANA 86.41 42~a 1 42.81 .79 22~50~3714.3 MATEESCU.ROXANA 96.27 33.21 31.53 31 .53 01/14/2005 70.09 - 36.68.0014~2 MATTOX~GARY 49.08 39405 10r03 01/04/2005 75.59 ~ 36~69.0100.3 MAUPfN, BRADLEY 70.58 35.29 35 ~ 29 01/24/2005 32.55 - 22.5043888.1 MAXEYt STEFFANJE 81446 32~23 24.01 25.22 12/22/2004 27.02 - 30. 7 4.2902~4 MeSAl NE. DONALD 67.96 25.15 42.81 02/15/2005 119.38.. 32.32.4606.1 MCCALLrSTER, GARY 76.55 17 . 70 21 .46 15421 22~ 18 36.69~O458.3 MCCREARYt EARL 93.19 42.81 50.38 01/18/2005 135.00 - 24~04.1 BBO~ 1 MCCUE1 DENNIS & RHONDA 85.62 42~81 42.81 02122/2005 39 ~05 · 22.50L0400.3 MCFADDEN~ CLEORA 198~58 116.96 81462 01/21/2005 55.84 - 30. 7442566~ 1 MCFARLAND. SCOTT & NATALI E 85.62 39 ~O5 46.57 02104/2005 50.33 ~ 37.37.5010.1 MCFATE, DAVID E~ 54.19 54.09 .10 03/07/2005 46.47 ~ 20.47.1156.2 MCGOWNt MARK & TRAcr 37.36 36.38 498 0212212005 36.50 ~ 22~51.3246.1 MCKAGUE. RICK 109.96 44r65 42.81 22.50 01/03/2005 1 00.00 .. 24.044 1798.2 MCKI NLEY t JAM ES A a3~31 27.77 27.77 27. 77 12/16/2004 139.76 ... 23. 02.4870~4 MCKtNLEY, JUNE 141.24 61488 59.06 20.30 02114/2005 50~OO - 23.02.6270.5 MCKINLEY, JUNE 82.85 38.93 43.92 02/1412005 50.00 .. 22.5042126.1 MCMAHANt BRIAN 136.68 56. 16 44.02 36.50 12/21/2004 67.64 - 23.02.3892.1 MCNALLEYt RUSSELL 117.15 35~29 42.81 39 ~ 05 12/29/2004 121 .90 - 36~36.1 014.2 MCQUEEN, ALLEN 11 3r 70 20.25 24401 27.77 41.67 11/29/2004 44.61 .. 23~02.5590~ 1 MEDENA~ RAYMOND 64.95 35r 1 7 29. 78 02115/2005 30rOO .. 36.6940062.2 MEEKERt LARRY 115~ 70 54 ~ 09 61.61 01/27/2005 57.85 - 23.01.273041 MELLEN. ANGELA 156. 13 64.59 91 ~54 02116/2005 81.00 - 23402r6240.2 MENCHACA, ERNI E 86.94 50.60 36.34 01/13/2005 108.96 - 24.04~2052.2 MENDENHALL~ ALAN 50466 50.33 ~33 03/14/2005 50400 ~ 22.51 ~4362.1 MERIDIAN MARKET PLACE 322.06 306.27 154 79 12/14/2004 574.94 - 20.46.0198.3 MESERTHtANDY 94~OO 47.43 46.57 02107/2005 ..78~92 ... 46.464 71 05.1 MES$I NA VI LLAG E .. WATER FE, 11 ~86 8.38 3.48 03/01/2005 6~42 - 22.5043848. 1 MEYERS~DAN 100.90 51.19 49.71 01/25/2005 90.00 ~ 30~ 7 4.0052~ 1 M I LLER~ E. ROGER 30.32 25.22 5~ 10 03/1 0/2005 23~8B - 24.03.01 02.1 MI LLER, KENT & J ENNI FER 89.38 46.57 42~81 01/18/2005 61.23 ... 22~50.2352r2 MILLERt SARAH 86.94 46.68 40426 02116/2005 88.42 .. 20.46.0406~ 1 MILLS, TI MOTHY 37.43 35~40 2403 03/15/2005 37.43 ... 24r04.0538~ 1 MONSONt THOMAS 49.92 49.12 .80 02116/2005 150~OO - 22.50.3856.2 MONTGOMERY. JOSEPH & OOF 182.61 89.27 91 .69 1.65 02101/2005 1 05.00 - 33.33.0002.1 MONTVUE PARK 41 ~42 18.83 22~59 01/26/2005 26.35 - 33.334 0001 ~ 1 MONTVUE SPINAL elr N I C 19.55 3.48 3.48 3.48 9~ 11 22~51.4214~2 MOORE~ LAWRENCE & KRISTIN 175~59 44.02 47.78 55.30 28.49 24~ 04.1634.1 MOOREt RUSSELL C 275.56 17 ~ 70 21 .46 21 .46 214r94 08/0312004 1 OO~OO - 22~50.1202.1 MOORE, TERRY A. 88.44 45.55 42.89 01/18/2005 42.89 - 23.01419BO~3 MOORTGA T t JAMES & J ENNI FE~ 143.03 131 ~96 11 ~ 07 35.35~ 0205.2 MORANt GLENN 74.34 35.29 3g~05 01/25/2005 35.29 - 37 .37 .2894~ 1 MORGAN CREEK HOMES 13.56 10.08 3.48 37.37.3610.1 MORGAN CREEK HOMES 13~56 1 0 . 08 3.48 24~03.08B9.1 MORNJNG GLORY #2 HOA 31.32 31432 22.51 ~3112.6 MORRIS. AMB ER 62.96 32.32 30.64 02/25/2005 30 ~ 64 - 30~ 74.0022.1 MORTON~ MERRILEE PARK 936.79 412.50 408.74 115~55 03/15/2005 129~OO - 20.46.0450.3 MOSKOWITZ, ALAN & HELENE 65.72 36438 29~34 01/26/2005 54.60 - 23.02~605043 MOWLER~ JAKE 44.64 40~ 14 4~50 03/07/2005 32.00 - 30.74.3216.1 MUr R~ GRANT 63~53 24.17 39.36 02116/2005 25400 - 25.0540B16~ 1 NAVA~8ENNY 63.06 27.77 35.29 01/14/2005 71.40 - 35.65.0450.1 NELSON, MARILYN 87~96 28.98 58.98 01/1 9/2005 130~92 .. *** in Msg column indicates no Notice is to be sent C J.: t CITY OF MERIDIAN Delinquent Accoun t List- council Page: 9 Standard Payment Customers Mar 151 2005 02:59pm Current Period: 03/20/2005 No Delinquent Minjmum AmountDelinquent Balance Last Pmt Last Pmt Gust No Name Barance NonMDelinq 01/20/2005 12/20/2004 11/20/2004 Date Amount 35164~OO54.2 N ELSON, ROLAN D & IDA 37419 36~50 .69 02122/2005 28.29 - 23.02.1990~ 1 NEWBERRYt RrCHARD 81.38 44.88 36.50 01/07/2005 118r98 - 24.03.0660.1 NEWHOUSE~ RAYMOND & TINA 92.33 35.29 46.57 1 044 7 01/25/2005 75~ 00 ~ 25425.4310.2 N I CHOLS~ MICHAEL 33~ 75 24401 9.74 02122/2005 50.00 - 22451.033443 NJEHOFF, DENNIS 90.88 39. 16 51.72 02123/2005 60.00 - 37.37.4214.2 NIELSEN, CLARK 54.22 46.57 7.65 12/27/2004 139~58 - 25.25.9976.2 N I HAD 8 ERRERI STANN 35.40 17.70 17. 70 01/26/2005 17 . 70 .. 22~504 2238.2 NOSALSKIY1 RUSLAN 166.92 56~32 62.82 47.78 01/18/2005 69.60 ... 24.04.21 a6~3 NYE~ KEVrN & ROXENNA 99.32 47.78 51 .54 02/22/2005 47478 - 25.25.0074.1 OLIVER CLEAVER 50.44 25422 25422 01/13/2005 5.32 - 25425.0086.1 OLIVER CLEAVER 126.49 42.81 5B~ 98 24.70 01/19/2005 100.00 · 36~6840234~2 OLIVOTTJ, MI KE & JACOB I 47.99 42.81 5.18 02107/2005 55400 M 25~25.1 058.2 O.N EI LLt KA THLEEN 143.80 17 ~ 70 32.74 25422 68. 14 11/23/2004 113.24 - 24.03.0826.2 OITOOLEt RHONDA 73.00 32~ 74 40426 02/01/2005 32~ 74 - 22.5143430.2 OVERTON. DAVID 54.36 54.36 07/0212004 56~31 - 24.0340044.2 PADGETT, DAVE & CHARLENE 87.23 46~57 40.66 02123/2005 60.00 .. 22.50.1770.2 PALMERt ELDON 374.10 149.00 123483 101427 01/18/2005 126.93 - 22.50.3732.2 PANGBURNtDAN 38.23 32~23 6~OO 02122/2005 21 . 77 .. 30. 74~2682.4 PASSANNANTE~DAN 240.03 52.88 75.44 1 05.52 6.19 30~30.6070.2 PASSANNANTE, DAN & ATHEN~ 80.52 40.26 40.26 01/26/2005 40.26 - 30.30.6204.2 PASSANNANTE, DAN & L YNCH~ 86.25 23. 19 31.53 31 .53 01/18/2005 40 +69 - 20.46.0590.1 PECHT. BRYAN 64474 36~ 97 27. 77 02111/2005 80~52 .. 35.65.0346.3 PEDERSEN1 DOUGLAS & KATHF 37 ~50 36.50 1.00 02/22/2005 72.00 .. 37~ 72.0110.2 PENNINGTONt JAMES 69.24 36~50 32.74 01/21/2005 28~9B - 36~69.0452.2 P ERC] FI ELD t TI MOTHY & MI STY 78.10 35.29 42481 02125/2005 42.81 - 24.03.0066~5 PERRY. DOUGLAS & BARBARA 1 02.34 47478 54.56 02116/2005 41400 .. 23.02.0960.1 PETE RSON. JOHN 89.88 45.86 44.02 02111/2005 32.74 - 30.74.3518.3 PETTIGREW, JOSHUA 39r 16 1 7.70 21 .46 02115/2005 52.04 - 20.46.0874~ 1 P ETTINGJ LLt C. BLAI NE 87.82 42.46 45~36 02114/2005 45 r 36 · 36.69.0478.1 PHAKDY t SAM 1 00.66 46.57 54 ~ 09 02/28/2005 46.57 .. 23~O2.3732.4 PHAM~ KI MAN 65~4a 36.50 28.98 01/1 8/2005 125.04 - 23.01.3130.2 PH I LrpSt ROY 74.62 46~57 28.25 03/1 0/2005 100.00 - 36.6941008.1 PHILL1PSt ROY 59.30 31 .53 27. 77 01/1 8/2005 76~ 14 - 30. 74.3560~2 PICARD ~ VI NCENT 77413 22.80 22.80 31 .53 12/1 0/2004 66.78 - 22~51.4000.3 PION EER FI NANCEt LLC 304~ 14 34.31 33~61 41413 1 g5~ 09 09/21 J2004 50.53 .. 37 ~37.2912.2 PI STERZI, JOSEPH & MAUREEN 50.44 17.70 32~74 01/18/2005 28.98 ... 24~O4.1412.1 PLUMLEY, RODNEY & M~ NAOM 81 ~86 39.05 42~ B 1 01/18/2005 a4~64 ~ 23~01 ~ 1020.2 PONJ EVIC, S ENADA 128.66 21 .18 17.70 21 ~46 68.32 23.02.184042 PORTENI ERt ROBERT & RACHE 132.80 37 ~20 4 7 . 78 47.82 01/14/2005 90.00 - 24.03.0332.1 PORTERt DA VI 0 69.24 25.22 44.02 01/18/2005 79~38 ... 36~69.0522.1 PORTER~ DOUGLAS 84.28 40.26 44.02 01/13/2005 74.1 0 ~ 36.69.1282.1 PORTER, JOHN 70.34 66.58 3~76 03/01/2005 74~10.. 22~51.0774.4 PREECE,ROBERT 43.32 12r01 31.31 0210212005 22.99 ~ 35.354 0081 ~3 PRELL WJTZt BARBARA 91472 58.98 32.74 02116/2005 62.70 - 23.02~O418~2 PRICE. DOUGLAS 89~ 18 74.14 15~O4 03/15J2005 51 .54 - 35.65~061 0.2 PRIMEAUXt MARK & KATRrNA g3~ 14 39.05 54.09 01/12/2005 240~ 19 - 23~O2~5340.2 PRIV A TSKY t K. & JOHNSTON, TI 132.88 1 07 ~86 25402 0212212005 21 0.00 - 23.01.0100.2 PYLJCANt WOODROW A~ 131.29 131 r29 0211 8/2003 45.26 ~ 31452. 0302~ 1 R T NAHAS FURNITURE STORE 267.01 48.35 33.31 37.07 148~ 28 08/26/2004 96~ 70 - 36.69. 1652.1 R W BUDGE LLC 88.04 44402 44.02 01/18/2005 51.54 M 24.04.183843 RADIGAN, DONALD & CYNTHIA 69.50 36.50 33.00 03/14/2005 40400 - 23.02.1570.2 RAMSAY. JUANITA 71 .90 39. 16 32.74 01/31/2005 28~ 74 - 24.04.2074.1 RAMZAt RONALD 47.52 40 ~26 7426 03/14/2005 32.74 - 30~ 7 4. 3562~4 RANDOMt DUANE & MICHELLE 68494 26.13 42.81 02/0812005 42.81 - 30.7443420.3 RANSOM, PATRICIA 72~3a 25.54 46.84 02116/2005 60.00 ~ **. in Msg column indicates no Notice is to be sent (". ~::-':""...... . f \ . CITY OF M ERI DIAN Delinquent Account List~ council Page; 10 Standard Payment Customers Mar 15, 2005 02:59pm Current Period; 03/20/2005 . . No Delinquent Minimu m AmountDelinquent Sa lance Last Pmt Last Pmt Cust No Name Barance Non-Delinq 01/20/2005 12120/2004 11/20/2004 Date Amount 23401. 1 050~2 RED CANYON CORPORATION 83~ 45 26~90 25.22 17 ~ 70 13.63 23.02.2580.1 REED. DEBORAH 66.1 a 33.44 32.74 01/1 0/2005 57496 - 22.50.2390.2 REED~ LORETTA 152.98 77.08 75~ 90 02116/2005 70.00 - 30~ 74.0392.2 REES. ARTHUR 69. 14 25.22 25.22 18.70 02111/2005 75.00 - 3743742954~2 REPACJt RANDALL & LYNETTE 93.14 42.81 50.33 01/24/2005 53.89 .. 24.04.0542~2 RES, SHAWN 50.44 21 .46 28.98 01/19/2005 92.50 - . 35.35.1230.5 RESCH. BRIAN & JAN ETTE 66.82 31 .53 35.29 01/24/2005 73.36 ,- 36r69~0488.1 REYNOLOSt SAMUEL 69~23 69.13 .10 02125/2005 72.79 M 25.25.9896. 1 RICE~ ALLEN & TERESA 61. 72 28.98 32.74 03/1 0/2005 32. 74 ~ 37~37~3118.2 RICEt JAM ES & LIZETTE 309~32 309432 06130/2004 123426 ~ 25.05.045442 RILEYt R SHANE 80.52 40.26 40.26 01/1 8/2005 68.26 M 37.75.0110.1 ROARING SPRINGS 6.96 3~4a 3~48 02101/2005 189.28 - 37 ~ 75.0 112r 1 ROARING SPR1NGS WATER PAf 37 ~66 15.07 22.59 02101/2005 11.31 .. 22. 50~0258.4 ROBSJ NS~ ELLEN 69~12 36.38 32.74 01/27/2005 36. 50 ~ 22. 50~ 0256.2 ROBBI NSt ELLEN a8~90 44~a8 44r02 01/27/2005 40.26 - 30. 7 4.2896~5 ROBERTS, DJ LLON 19.25 18.68 .57 25.25.1 02443 RODAMER, LI NDA 47.50 28.98 18~ 52 01/2612005 58~24 - 30.74.0406.4 RODGERS, ANGIE 133~ 16 28~98 1 04. 18 01/13/2005 154.46 ... 22~51.3214~2 ROE HR. ell NT 28. 75 26.90 1.85 02114/2005 75400 - 22.51.0B66r 1 ROHRBACH. CHERYL 70.36 40.14 30.22 03/08/2005 40.00 - 35435.0105.2 ROONEYt BRUCE & PAIGE 96.06 40.26 55.30 .50 01/24/2005 95.00 .. 22~50~0130~ 1 ROSARIOt SONY A 84.42 40. 14 44.02 .26 02122/2005 40.00 - 23~02.471 0.1 ROSEtDEANNA 120.94 54.36 66~ 58 02108/2005 51 .58 - 36.69.0544.2 ROSS. PATRICIA 85.62 39 ~05 46.57 01/25/2005 39.05 -r 31 .52.0269.2 ROUND TABLE PJZZA 454~92 454.92 03/1 0/2004 13~40 .. 35.35.0058.2 ROWETT, BOB & DANA 85.62 39.05 46~57 01/14/2005 84.71 - 20.47.0074.2 RUMSEY, PHILIP & JENNJFER 91442 49462 41 .80 03/07/2005 50.00 .. 32~32.4020 .2 RUTHS,GARY 73~OO 32.74 40.26 01/27/2005 40.26 WL 23402~31 ao~ 1 RYANt WALTER 114.55 74.88 39~ 67 02116/2005 100.00 - 31.57.0017.1 S & P SURVEYHOMEt LLC 356r82 68~66 68.66 68466 150.84 22.50.00gQ~ 1 SABAt VI RGI NA 167.08 79.23 87.85 02116/2005 84.09 - 22. 51 ~3206 ~5 SALt NASt MARIO & OLGA 25~83 24~ 12 1.71 23.01.1200.2 SCH I MPH, FRED 141.88 75.28 66r58 .02 02128/2005 60rOO - 22.51.3720.2 SCHOW~ BART & ALlSSA 44.17 37.20 6.97 01/26/2005 252.00 - 46446~ 7060~ 1 SCHROEDER ENT 35.40 17.70 17~ 70 01/25/2005 68~52 - 37437.5056.1 SCHROEDER ENT 39.16 21 .46 17~ 70 01/25/2005 83.25 - 24.03.0042.1 SCHWENDt LUVMINDA 49.50 32~74 16.76 02/15/2005 40.00 - 29.07.0984.1 SCOTT. JASON 48. 1 7 27.77 20.40 01/18/2005 1 00.00 - 30r74.28BO.1 SEARCY t ALFREDO 88.72 27 ~ 11 61.61 01/26/2005 54.09 - 30.74.2718.2 SELLS. DAVID 1 04~34 61 ~53 42~a 1 02117/2005 80.B8 - 23.01 .3342~4 S EMCHI SHI N1 ALEX 56.46 22~ 59 33.87 01/26/2005 33.87 - 34.34.6334.2 S EMM ELROTH, A~ & JENKINS. 0 24.58 24.01 .57 35.35.2392.2 SEMMER, CHAD & MARY 61.72 32.74 28.98 01/19/2005 79 ~ 54 - 35.64~2028.2 SEXTON~ MARY 120.91 31 .53 46~57 42.81 01/18/2005 80.33 - 30.74.2632.5 SHANNON t CHRISTI NE 35.40 17.70 17.70 30.30.6240~2 SHAW. KELLY 113.72 55~ 15 58.57 02/16/2005 120.09 - 30.74.337043 SHAY. PAUL & JOYCE 55~O6 19 ~66 17. 70 17.70 12/23/2004 37.16 - 30.74.3570.3 SHAY~ PAUL & JOYCE 56.86 17.70 1 7 . 70 21 .46 12/23/2004 38r 14 ... 36.65.30g2~ 7 SHELLEY t RALPH & DIXI E 94.46 44402 32~ 74 17.70 12/21/2004 38.36 - 22.50.3780.2 SHELLEY. DIXI E & R. KENT 76402 404 73 35.29 01/31/2005 51435 - 30~ 74.3242.1 SHEL TRONt ROGER 78478 29466 49.12 01/2 4J 2005 49412 - 22~50.1902.2 SHEL TROWN. ROGER & BONNII 69.80 60466 9414 02116/2005 a3~96 R 30~ 74.3960.1 SHERARD. BILL 65.77 25.15 40.62 02115/2005 45.00 .. 24.04~ 161 8.3 SHJMEL. RYAN & SARAH 54.46 54.09 .37 02125/2005 65.00 ~ 244 04~ 187B~3 SHI RLEY. GARRY 78~ 1 0 35~29 42.81 02115/2005 39 r 05 - *** in Msg column indicates no Notice is to be sent ( CITY OF M ERI DIAN Delinquent Account List- cou ncil Page: 11 Standa rd Payment Customers Mar 15, 2005 02:59pm Current Period: 03/20/2005 No Delinquent Min imum AmountDelinquent Balance Last Pmt Last Pmt Cust No Name Balance Non-Delinq 01/20/2005 12120/2004 11/20/2004 Date Amount 22451 ~O930~2 SHOBE. MONTY & CAROL 68.14 35.40 32.74 01/19/2005 61 .72 - 22~50.0292.1 SHOEMAKER~ TAM! 52.7 a 38.1 0 14.68 09/14/2004 1 00.00 - 25.09.005841 SHUR-LUGK HOMES 91 r 16 1 7.70 17470 17.70 38406 25.09.0006.1 SHUR-LUCK HOMES 68.92 17.70 17470 17.70 15~82 25.09.0002.1 SHUR..LUCK HOMES 68.92 17~70 17. 70 17 ~ 70 15.82 244 03.0292~ 1 SHURTZt ROD 134~37 57.85 76.52 02116/2005 1 25.00 - 304 7443096.1 SrGMOND, SERGIO 107.44 57.11 50~33 0211612005 163.05 ... 22.50.192045 SILVEY, BRYAN 76~02 ~ 36.97 39.05 01/27/2005 6g~60 .. 36.69.114041 S I MMONSt JA Y 62.1 6 61.61 .55 03/07/2005 61 .06 - 23rO 1.2250~2 Sl MON, BRADY 85~82 39.16 46~ 66 03/14/2005 50.00 - 30~ 74~2506.3 SIMPSONt KENNETH & AMY 126.60 79~ 12 47.48 02116/2005 120~OO - 24~ 04. 1302.1 SIMS, ELLEN 45.11 25.22 19.89 0210812005 26~ 79 .. 22~51 ~4034. 1 SKlNN ER. KEN 42r64 21.1 a 21.46 01/31/2005 69~ 16 - 23.02~3962.4 SLENDER, LEONARD & BOSWEI 46r68 21.46 25422 01/26/2005 29.92 - 30.74.1 05842 SL YTER~ GORDON 76. 76 36.50 40426 02/14/2005 90.82 - 30.74.111842 SL YTER, GORDON 133.58 47.78 47478 38.02 03/07/2005 50.00 - 30.74.1050.1 8M 1THt CARSON 35~ 40 17.70 17 . 70 01/1 0/2005 46~52 - 35~35.1210.3 SMITH. GREGORY J 69~24 28.98 40.26 01/28/2005 78.56 - 22.51 .0498r2 SMITHt KARL 312.70 308.13 4r57 20.46.0380.4 SMITHt KYLE 11 0.70 50.44 60.26 .: 02109/2005 60~ 74 - 23402.1700.2 SMITH. LEON & JANICE 1 05.90 54.36 51 ~54 01/24/2005 44~02 - 22450~OO12.1 SMITH. PAUL H. 84. 16 40. 14 44.02 02/09/2005 32.80 ... 22.51.3090~3 SOL TAUt CYRIL 97.94 48.50 49~44 02115/2005 45r68 - 32.32.482243 SOMAZZI. ROGER & JENNJ FER 79. 71 42.81 36~90 03/09/2005 60.00 - 24.03.0836.3 SOSA. JOSEPH 46.50 36.50 10.00 03/0112005 44~02 ~ 23.02r0900.2 SOUZA. JR., WI LLJAM 124~62 46~84 77.78 01/25/2005 122474 ... 32~32.4370.2 STADTLER, CHARLIE & LAURA 39.50 21.46 18.04 23.02.1 830.2 STANSELLt KATHY 56.56 34.19 22.37 02/22/2005 40.00 - 304 30. 6334~2 STEELE~ STEVEN & 0 EBB] E 121.75 28.09 46.57 46.57 452 01/19/2005 124.00 - 30430~6268~ 1 STETSON HOMES 40.50 20.25 20425 03/01/2005 20.25 - 22451 ~2801 ~ 1 STEVEN HILL 35.40 17.70 17470 01/26/2005 14.95 - 30.7 4.34 70~3 STOCJ<TON, JASON & J ENNJ FEF 75.86 20.64 55.22 01/21/2005 81~72 - 30. 7 4.2994~2 STOKESBERRY, COREY 81 .82 36.33 45.49 02122/2005 45r49 - 22.50.44 a 2.3 STONE. HAROLD 75~66 39 ~ 16 36~50 01/19/2005 1 05.26 - 22~51.0938.5 STRATE1 EUGENE 64~ 12 42420 21 .92 02108/2005 59.82 - 23.01.1170.2 STRATE1 EUGENE & CARYN 55.39 50~a2 4.57 22.50.4578.2 STRATE1 EUGENE & CARYN 25.75 21.1 a 4.57 23.23.0002.1 STUBBLEFIELD DEVELOPMENT 386.09 336~O9 50.00 03/14/2005 25.00 .. 45.20.0B04r2 SULLIV AN t MI CHAEL & OTI LLQ 24.32 21 .46 2~86 23.02~ 1670~ 1 SWENSON. MILDRED 11 2.30 34.24 28480 28.80 20446 11/24/2004 23.40 - 23.02.1730~2 T & T INC 208.68 117.46 91.22 02/25/2005 98.74 - 36.69.04B4~6 TADEVIC, TOM 244.99 61.61 87.93 95~45 01/21/2005 66~35 - 33.40.0002~ 1 TBID-M081-SLtLLC 407.58 284. 1 0 49.98 73.50 02128/2005 49~98 - 20447.0052.4 TENNANT. ROBERT & CONNIE 117.18 54.36 62~82 02103/2005 115.86 ~ 23402.1190~ 1 TERRELL, A 143.95 32.62 111.33 02122/2005 35.00 ~ 22450~ 1476.1 THE DEN 225~4B 80.64 76.18 68.66 1211 6/2004 7.55 .. 29.57~01 04.1 THE PERFECT CUP 37469 11.31 15.07 11.31 02109/2005 30. 14 .. 22~50.1860.1 THE PODIATRY SLOG 52~ 16 26~O8 26.08 01/26/2005 26.08 .. 20.43.4210.1 THE RAM 251.68 160~96 90. 72 01/18/2005 8.38 ~ 23.02~25504 7 THOMAS1 DREW 11 0.04 21.46 25.22 25.22 38~ 14 12/15/2004 35~ 15 - 36.6g.072B~ 1 THOMAS1 POLZIN 60.42 36.50 23~ 92 01/04/2005 88.36 - 22.51.117243 THOMAS/ANDERSON PARTNER 1 8.86 7.55 11.31 01/14/2005 35.54 - 22.50.035041 THOMASSON, DAVID C 78.48 52.40 26.08 01/1 8/2005 55~OO - 23L02.4030.1 THOMSON, LEROY 83r 1 8 17 ~ 70 32474 32~ 74 12/22/2004 50.40 - 25.09.0052.1 THORNTON. DON 97.34 17.70 1 7 . 70 17.70 44.24 .... in Msg column indicates no Notice is to be sent CJTY OF M ERI DJAN Delinquent Account List- council Page: 12 Standa rd Payment Customers Mar 1St 2005 03:00pm Current Period: 03/20/2005 No Delinquent Minjmum AmountDelinquent Ba1ance Last Pmt Last Pmt Cust No Name Sa lance No n...D e J i nq 01/20/2005 12/20/2004 11/20/2004 Date Amount 35435.5026.2 THORNTON t NIKKI 30.00 30400 02125/2005 32.74 - 4644646246.2 THRONEBERRY, BRJAN & KATH 93414 42.81 50.33 03/01/2005 46 ~ 1 6 ... 23.02.2200.3 TODDt RICK 94.34 32.62 32.74 28~98 01/28/2005 31 r 76 - 35.35.0423.2 TOMASZEWSKI~ HELENE 80.52 36.50 44~ 02 02115/2005 36450 - 35.35.307844 TOMLINSON, JOSHUA 93~oa 32~ 74 44~O2 16~32 36.69.0314~2 TOTMAN, JERRY 54.20 25.22 28.98 02101/2005 25.22 .. 33~33.9114.1 TOUCHMARK 48.02 24.01 20.25 3.76 03/01/2005 20.25 - 3343349112~ 1 TOUCHMARK 44~26 24.01 20.25 03/01/2005 20.25 - 33.33.911 O~ 1 TOUCHMARK 44.26 24.01 20.25 03/01/2005 20.25 - 33.33.9056~ 1 TOUCHMARK CONSTRUCTION 55.54 27477 27.77 03/01/2005 31 .53 M 33. 33.9020~ 1 TOUCHMARK CONSTRUCTION 63.06 31.53 31.53 03/01/2005 35.29 - 37. 37 ~395B~3 TRAIL1 CHARLES 28.04 21 ~46 6.58 12/23/2004 79.22 - 22.50.3812.1 TREGELLAS, MARK 111.62 56~32 55~30 02115/2005 8541 0 - 24404.0918.4 TUCKETT. QUETON & COLLEEN 53438 32.74 20r64 01/04/2005 71 ~ 08 - 30.7442386.2 TUPPERt PAXTON & APRIL 175486 87.93 87.93 02122/2005 ) 123.38 .. 22~5043824~ 1 TURNBOUGH, JAKE & WENDY 69~94 33.44 36 ~ 50 02108/2005 . 28.98 .. 22.50~4522.1 UGARRIZAt SHELBY 69~4a 34. 1 9 35.29 02110/2005 24~O 1 - 22~50.00a8. 7 ULM ERt JEFFREY 56.58 21 .18 17.70 17 ~ 70 01/0712005 37.16 ~ 23.01.086043 VAN BRAGT, WILLY 59~ 18 42~ 1 0 17.08 02109/2005 40.00 M 25~25.1 08842 VANDEVENTER~DARREL 73.00 40.26 32~ 74 01/24/2005 w 30~10 ... 24.04.198044 VENAGLIAt JOHN 78.1 0 39.05 39.05 01/1 8/2005 50.33 - 24. 03.0030~2 VERHEIJ EN. ERI C & CHRI STI E 54.01 24.01 30.00 0211 0/2005 35.29 - 22.50.0136.3 VICTORY, CHRIS 1 03492 83.67 20.25 01/14/2005 82.88 - 23.02.1860.3 VlCTORY1 CHRISTOPHER 92451 29.45 27~ 77 35.29 01/26/2005 107~50 - 22~50.45B6~2 VICTORYt MJCHAEL & YUNSUK 47.74 24.94 22.80 01/24/2005 80.00 - 23.02~4550.1 VINCENT, TOMMY 101 r 16 57.14 44~O2 0212812005 43418 .. 22.51.3094.2 VN UKJ JOHN 60~82 33.30 26.88 .64 02101/2005 50400 ... 23.02. 1430.4 WADDOUPS~DOROTHY 65.04 25.92 25.22 13~90 01/19/2005 60.00 ~ 23.01.2310.2 WALKER, BETTE 131.11 61.65 61 ~61 7.85 03/15/2005 40.00 - 20.46.0a60~2 WALMERt TAMMY JO 41.67 38.93 2~74 .: 03107/2005 40 ~OO .. 23. 0 1.3340~ 1 WALSHt RON 136452 136.52 30.74.2540.2 W AL THALLt TRAVIS & TI NA 44~29 35~29 9.00 02128/2005 30.05 .. 23.01.0460.3 WARDLE~ JOHN & CHERYL 173~50 1 03. 12 70r38 01/11/2005 80478 .. 20446.0540.3 WARNER. DENNIS & NICOLE 75.66 39. 16 36.50 01/27 J2005 32. 74 ~ 21 .48.2651 .1 WATER WORKS CAR WASH INC 3.48 3.48 12/14/2004 63.26 ~ 2245143198.3 WEAST, WESLEY 126.12 57 ~96 68.16 02115/2005 65.00 - 22~514331 0.2 WEBB ~ MI CHAEL 89.00 43~88 45.12 02115/2005 50.00 - 23.02.1350.2 WE8ER~ JOHN J 63~40 34.42 28~98 01/18/2005 72.64 - 24.0442298.1 WEIGHT, RICHARD 54.20 25.22 28.98 02108/2005 25r22 - 36.694 1658r 1 WEIGLE, THOMAS & ANNETTE 132.06 40.26 44r02 47.78 12/28/2004 44~02 -r 23.0245580.1 WELBORN. KENNETH 89.26 46.45 42rB 1 01/19/2005 77 ~ 12 - 23.0143300.2 WELCH, LEE 112.67 112.07 .60 03/14/2005 157 ~ 19 - 22~51.3770. 2 WERNER, DALE & SUSAN 64~65 60.08 4.57 23.01.1110.2 WEST, JONI 72.88 40 ~ 14 32.74 02117/2005 55~ 18 - 22.50.2434.2 WESTENHAVERtNANETTE 42.43 40. 14 2.29 36.36.1 082~ 1 WESTMINSTER HOMES 34473 26.35 8.38 01/25/2005 6.42 - 22.50.23a4~4 WHITE. SHAl NE 69412 40. 14 28 ~ 98 01/14/2005 56.38 - 30.74.3204.1 WHITE. TAWNYA 49.98 22.21 27.77 02107/2005 55.54 - 30~ 74.0064.2 WHITS ITT J JOS EPH 100.58 66.58 34.00 02114/2005 1 OO~OO - 35.35.0097 . 2 WHITTED, NEIL & CHRISTINE 76.76 44.02 32474 02111/2005 75.78 - 30.74.370843 WILBURN, STEVEN 97.82 55.15 42~67 02/16/2005 110.00 - 22~51.423041 WILLIAMS, ELIZABETH 54~20 25.22 28.98 01/12/2005 28.98 - 22.20.0090.2 WILLIAMSt MARY 63.56 45486 1 7 ~ 70 02/08/2005 37452 - 46.46.7094.2 WI LLIAMS t SHAMS RI C & DON Nt 43.81 42481 1rOO 03/01/2005 45457 - 23.23.3988.2 WI LSON, CLINTON 1 02.50 52.1 7 50.33 02108/2005 42~81 w *** in Msg column indicates no Notice is to be sent ( . r.. . :.... . CtTY OF MERIDIAN Delinq uent Account List- councir Page: 13 Standard Payment Customers Mar 15t 2005 03:00pm Current Period: 03/20/2005 No Delinquent Minimu m AmauntDelinquent Balance Last Pmt Last Pml Cust No Name Balance Non~DeJinq 01/20/2005 12/20/2004 11/20/2004 Date Amount 30.74.0356.1 WILSON~ DEANA 119.46 50~33 694 13 0211 0/2005 61 ~61 - 25.05~0416.2 WILSON~ DON & JAN 81 .86 35429 46.57 01/1 BJ2005 93.37 - 25~ 25. 9984.2 WILSONt JOE & AMY 36.76 36450 .26 03/15/2005 40~OO .. 23~O242714.4 WI LSON I RICHARD 54 ~ 90 29.68 25.22 01/26/2005 25.22 - 24.04.1584.1 WIND, JOHN 91.80 40.26 51 .54 01/1 8/2005 93.60 - 29L07.0aaO.2 WI NKLERt GREG 68.58 32.74 35484 02115/2005. 65.00 - 22.50.2302.1 WINTERTON t DARJ N 76~64 36.38 40.26 01/19/2005 584 78 M 30~ 7 4~OO94.4 WINWOOD, RANDY & CATHLEE~ 170.66 101 .62 69.04 03/1 0/2005 20.00 .. 20~47& 1204.2 WIXSON, RYAN 90.55 57.73 32.82 03/07/2005 55.00 - . 22~50~2426.1 WYATT~ SAMUAL 135.98 54.36 81 ~62 01/31/2005 45~ 72 - 24.03~O412.4 WYMAN, DUSTlNE 130474 87.93 42.81 03/01/2005 46~57 - 30.74.033841 YEAGER, ROD ERI CK 54 33.06 27 .77 5~29 03/08/2005 30 ~ 00 - 30.74.037243 YELTON~ LAURA 11 0.52 32.74 77.78 01/1 9/2005 a6~ 90 - 23r02.068041 YOUNGt AUSTIN L 81.42 36495 44.47 02104/2005 75.70 - 23~02.0650.2 YOUNG. AUSTrN L 71 .46 70.71 .75 03/14/2005 55.00 - 23.02~O670.1 YOUNG. AU$TI N L 70. 14 29443 40.71 02115/2005 36.95 - 32.32~4062.2 YOUNG, DAVID & RHONDA 76. 14 35~29 39.05 1.80 02111/2005 37.25 - 30~ 7 4~35B6.2 YOUNG, FRED 62.40 27.11 35~29 01/24/2005 35.29 - 2440441868.2 YU, BEN & KAREN 139~58 44.02 51 .54 44402 12/14/2004 49 ~ 58 - 32.3244752.2 ZADZORA, TIMOTHY & ROBIN 39.16 21 .46 17.70 0211 6/2005 21 ~46. - 2245043784~ 1 2.f:\ V ALAt JOSE ~ 113.90 77 ~66 36424 0211 7 J2005 63400 - 24.04~22a4~2 ZEDWI CKt PHI LP & DEB RA 108.18 50.33 57485 01/31/2005 50.33 M 22.51.3110.2 ZEI MER, OALLEN E 62.50 30.52 31.98 03/09/2005 45.68 ... Grand T ata Is: 68t078.80 31 ,542417 28,109.05 3t903.87 41523. 71 Report Criteria: Terminated customers not included Customer~Cust No () = {<} 880000001 Customer~Bill Cycle = 1 *** in Msg column indicates no Notice is to be sent (....... c...:. ~~~lJ :.J~(~ (:J ]~~ ][~.';l~]Fi^~ ][Y~]l p)} /\ ~'} j {.~ ryLr~rt:; ~ t 1;: --.1 ~ ~~ 1 ,t L ~ U J DELINQUENCY FOR TURN OFF C;"itv Ofl\:'1Gr~diru1 Schedule for March 16, 2005 City Clerl~ Office Cycle 1 MAYOR: Pursuant to Meridian City Code 9-1-21, delinquent. water users shall have the right to request a pre termination hearing prior to water service being , .. disconnected. No water users having requested such pre- termination hearing for March 15, 2005, water service for the attached turn-off list will be terminated on March 16, 2005. The total amount of the turn-off list is $36,536.63. ;.-~.. . ( CITY OF M ERJDIAN Derinquent Account List~ cou ncU Page: 1 Standard Payment Customers Mar 15, 2005 02:55pm Current Period: 03/20/2005 No Delinquent Minimu m Amou ntDelinquent Balance Report Criteria: Terminated customers not included Customer.Cust No () = {<} 880000001 Custamer~Bill Cycle = 1 Last Pmt La st Pmt Cust No Name Balance Non-Oelinq 01/20/2005 12/20/2004 11/20/2004 Date Amount 24.0440552~ 1 ABBEY BEN 74.34 31.53 42.81 02125/2005 42.69 M 23.02.4990.4 ABDERHALDEN, RICHARD 59.42 46457 12.85 02115/2005 75.00 - 23.02.1 930.2 ACUNA~ J ULI 0 & 46~ 1 0 31.64 14.46 02114/2005 80.00 - 30~ 7 4~2668. 1 ADAMSltCATHY 96.90 42.81 54.09 02114/2005 50~33 - 30.74.3602.2 ADAMS, CYNTHfA 58~48 23.19 35429 01/26/2005 114.48 - 23.02.0428.2 ADLERt JUSTIN 224.63 128.85 95.78 02117/2005 84.16 - 20.46~4602.1 ALBERTSONS 2~447.1 0 1 t 195.35 11251.75 01 11 8/2005 1 .195~35 - 22.50.024441 ALGERt BRENT 51.14 25~92 25.22 02107/2005 92. 18 ~ 37.37.2904.1 ALL AMERICAN CONSTRUCTIOt 64.23 17.70 1 7 . 70 21 .00 7483 37.37.3248.2 ALLENt MARK & MJ CHELLE 69.36 47.78 21 .58 03/08/2005 .-45.00 - 37 ~37 .3822.1 ALLEN, SCOTT 91 ~67 35r29 35.29 21.09 01/18/2005 45.00 - 35. 35~0 194.4 ALLMOND, JOSEPH & TAKEJA B6~38 49 ~ 12 37426 02125/2005 50.00 - 36.68.0278. 1 AL V AREZt eLl FF 70.58 35.29 35 ~ 29 01113/2005 35.29 - 23~02.088a.1 ANDERSON~DEAN 61.72 25.22 36.50 02111/2005 25.22 .. 25~254401 0.2 ANGSTMAN. T~Jr 65.48 32.74 32.74 02101/2005 75.78 - 23~02~6300~ 1 ANSONt PATRICIA 92.92 44402 4B~gO 02122/2005 40~OO · 24404~ 1664.3 ANSONt RICK & REBECCA 140. 11 81 .53 5B~5B 02122/2005 120.00 - 46.60.0010.3 ARMSTRONG~ JAMES & NANCY 35. 1 6 21 .46 13. 70 23.01.1510.4 AROUYET, GILBERT & MARIA 122.22 1 04.50 17472 30.74.3532.2 ASMUSS EN, JUSTIN 53~38 20~64 32~ 74 01/24/2005 28.98 .. 36~69~0530L 1 A TCHr SON, JEFFERY 11 9.38 72.81 46.57 02116/2005 84.64 .. 30.74.3660.2 A THERTON1 NOBLE 107.03 55. 1 5 51.88 0211 7/2005 141450 - 30.7443698.3 ATTEBERRY~SHELLY 97.90 29407 68~83 02125/2005 16~OO - 22.51 .3370.1 ATWOOD, CIN DI 77 ~62 41.12 36.50 02111/2005 36.50 - 37437.3616~2 AUSTI Nt WfLLIAM & DOROTHY 28.71 27.77 .94 01/12/2005 80.00 - 23.01.1 040~2 AZEVEDO, JOE & HEATHER 88.52 60.66 27.86 03/01/2005 50.00 - 30.74.0844~ 1 B AND V~ L.L.C. 70~3B 33~31 37407 01/28/2005 33.31 - 30.74.2554.2 BAB]CH~ TI M & YELENA 85.62 39 r05 46457 01 f18/2005 46.57 - 24.04.1290.3 BACONtTHOMAS & JANIS 153.02 49. 1 2 56~64 47~26 01/21/2005 50~OO - 30.74r3364.2 BAECHT, CARL R~ 63.22 24.17 39~O5 01/18/2005 73.36 - 46.46. 7002.2 BAILEY. MI CHAEL & AUN DREA 120.74 36~50 40~26 40.26 3.72 22.51.0694~ 1 BAILEY1 PEGGY 127.98 47482 4 7 ~ 78 32.38 03/15/2005 1 00.00 - 23.02.3550.2 BAILEY1 PEGGY 72.82 72~81 ~O1 03/07/2005 54.09 - 22.50.2142.3 BARAJAS~ ANTONIO & VELMA 162.46 84460 77 ~86 02115/2005 62.82 - 30. 7 4~3604~3 BARBEYt RODNEY & RHONDA 72.34 24.56 47.78 02/14/2005 4.00 - 22.50~2164.2 BARBEY. STEVE & LAU RI E 91 .90 55.40 36.50 02/14/2005 28.98 - 22.50~2360 .3 BARBEY.STEVEN 1 00. 19 33.37 27. 77 39.05 12/15/2004 41.83 - 23~ 01.2790~4 BARINSKY, CYNTHIA 169.28 77.67 54.09 17 . 70 19.82 23~01 ~211 0.2 BARROETABENA~ PHYLLIS 1 01 .68 30.66 28498 21 .46 20.58 01118/2005 40.00 - 23~O2~O472.1 BARTH, JEFF 55.88 26.90 28498 01/14/2005 56.98 - 25.25.1 078.2 BARTON. RANDY & JUDITH 66~82 27.77 39405 03/01/2005 35~29 - 22.51.0932.1 BAYVIEW ~ KELLOGG 60~ 1 0 26~23 33~87 01/26/2005 22.59 - 21.49.0902.2 B8Z INC 58.72 25~22 33.50 12/23/2004 30.98 - 22.50.102241 BEACH. ROXANNE 129.38 93~ 12 36.26 0211 7 J2005 60.00 - 20.4640258.1 BEAMGUARD. LISA a 1.90 43.67 38.23 02108/2005 85.62 w 31.52.0700.2 BECK. 61 LL 43.24 32.70 10r54 22.51.3080.3 B EEB Et MELI N DA 54~ 18 29.68 24r50 01/21/2005 29.00 - 24.04.1208~2 BEHRENDS. DALE 120.91 39~O5 42.81 39.05 01/07/2005 44~61 · 24.04.2010.7 BELAI R, DENNIS 3 7 ~62 17.70 14.22 5.70 12/21/2004 113.87 - 22.20.0076.2 BENGOECHEA, TOMASA 61.96 30.43 31 .53 01/14/2005 73.94 - ... in Msg column indicates no Notice is to be sent (- CITY OF MERI DIAN Delinquent Account List- council Page: 2 Standard Payment Customers Mar 15t 2005 02:56pm Current Period: 03/20/2005 No Delinquent Minimum AmountDeHnquent Barance Last Pm! Last Pmt Cust No Name Balance Non-Delinq 01/20/2005 12/20/2004 11/20/2004 Date Amount 22.51.2622.1 BENTLEY ~ DONALD 372+20 1 21 .56 125~32 125432 01/24/2005 121~56 ~ 20.46r01 06~2 8 ERKHEIS ER~ RYAN 55.80 32.23 23.57 01/31/2005 55 ~ 00 - 254 25~g932~2 B I LLI NGS. RA YM OND & DELANP 158~43 35~29 76~57 46.57 01/21/2005 91 ~ 18 - 37.7240256.2 Bl RDG E, RICHARD & TONI 85462 39~O5 46.57 01/1 812005 87.95 - 24.0340328.2 BIS HOP t JEFFREY 111.86 35.29 76.57 01/19/2005 95.84 - 46.60.001 a~ 1 BfSHOP t LARRY & T AMI 35.89 31.43 4.46 24.04.1140.2 B LAS ERt GLENN 74.34 35.29 39.05 01/21/2005 89.46 - 374 37 ~3842~2 BLEDSOE. STEPHANI E 64.67 35~29 29.38 01/21/2005 60.00 - 23~02.15BO.2 BLESSENGERt RONNJE & HAZE 67~88 41.12 26.76 02115/2005 61 .88 - 30. 74~2332.2 BOBKO~RAYMOND 100.66 46.57 54.09 01/04/2005 152.58 ... 22.50.1726.2 BOES I GERt MAX 117.46 37.36 36r50 28.98 14.62 01/05/2005 85400 .. 30.30.6050.2 BONNEY, AARON 81~78 27.77 54.01 01/21/2005 223.21 ~ 30~ 74.0660.2 BOSSART ~HI LLr CANDACE 123.69 1 O~29 113.40 10/1 8/2004 85: 70 - 37472.0206.4 BOYER1 KEITH 40~50 20~25 20.25 01/21J2005 20.25 - 30~ 7 4~3256.2 BRADYt MARK 64.23 26~ 13 38.1 0 01/2712005 40.00 - 22.50.1988;4 BRANDT. M. & WIEDENHEFT, A. 86.88 40.14 44.02 2.72 02123/2005 39434 - 22.50~ 2194.2 BRAUN, STEPHAN I E 78.36 56.90 21 .46 0211 7/2005 53422 - 22.50.4272.1 BREEDLOVE~ ANGELA 63~O6 31 .53 31.53 01/1 8/2005 82452 - 30~ 74.3974.2 BREEN, RICHARD 69.4 7 25.15 42.81 1.51 01/1212005 . 75.00 - 23.01 ~oaoo~ 1 BREWERt SID & SHELL Y 82.93 82.40 ~53 03114/2005 51 .00 - 23.02.3370~4 BRrGGSt TERI 143.48 67.92 40~26 35.30 0211412005 50 ~ 00 - 23.01.3510.4 B RI NEGAR~ E. E. 11 O~52 66.50 44402 0211 6/2005 77 ~ 64 - 23. 02r 1290.5 B RI NEGAR. E~ E~ 111.38 44.88 66.50 02128/2005 33~OO - 23402. 1650.1 B RI NEGAR~ E~ E. 80.62 59.27 21 . 35 02116/2005 60400 - 24.04~ 1762.3 BRUNGER~ LI NDA 124.34 27.77 96.57 01/27/2005 68.23 - 30.7443618.4 BURNSt EMMETT 19.99 17 ~ 70 2.29 24.04~ 2308. 1 BUTIERFlELD, CHARLES & TOf\ 247.30 87.93 15g~37 01/21/2005 166.81 - 22~51 ~029a.2 BYE,DEANNA 65436 32.62 32~ 74 02108/2005 68.42 - 30.74.2508.1 C W CONSTRUCTION 59~68 29~a4 29.84 01/18/2005 29484 - 22.50.072642 C.F.I.1NVE$TMENTS 59.64 34.42 25.22 02122/2005 25.22 - 22.50.0724.1 C. F .1. JNVESTM ENTS 70.26 25.92 25.22 19.12 01/24/2005 50.00 - 30~ 74.0396.2 CADA~ ROSE 63.06 31 .53 31 .53 02128/2005 39.05 - 30~ 74.0400.1 CADA.ROSE 66rB2 31 .53 35.29 02128/2005 35.29 - 23.02.0498.1 CADEt CHRISTOPHER 183~38 63r84 119.54 03/01/2005 122.98 - 23~O2.5870.4 CALDERON, TRACY & CARLOS 92.66 48 r 64 44~O2 01/18/2005 44402 - 35~35.01 06~2 CAMPAGNlt DAVID 79.38 36.50 42~88 02115/2005 90.00 - 30.30~6280~2 CAMPBELL, ROBERT 75~29 25.15 50~ 14 01/26/2005 43.00 - 35.65.0370.3 CARDIN. JEFF & GROUT~ BETH 39 ~ 06 39~O5 .01 02125/2005 46.56 - 35.65.0688.1 CARPENTER1 GAIL 51.78 24.01 27.77 02101/2005 72.38 ~ 36.69.1122.2 CARTER, J. R. 51.15 46.57 4.58 03/01/2005 55.00 .. 35. 65.0608~2 CARVALLO, TERI 49.59 25.22 24.37 02128/2005 33.00 .. 23.02.685042 CASE1STEVEN 58.24 36.38 21 .86 03f01/2005 45.00 - 30. 74.0680~2 CASH~ MICHAEL 46.68 21 .46 25.22 02/09/2005 8.56 - 22. 50.031 O~2 CASS1 BRUCE C 98.22 21 .46 28.98 47 . 78 01/04/2005 119.02.. 24.03.0850~2 CAST ~ PETER & VERIONICA 84.67 39.05 45.62 02117/2005 40.00 - 30474.380841 CHAMBERS, ARON 68.94 26.1 3 42.81 0210112005 46~57 - 22.50.372642 CHANDLERt NICKI E 94~BO 37 ~20 40~26 17 .34 01/31/2005 75.00 - 24. 03~OO7041 CHANDLER-ZUN DELt P A TRI efA 91 ~ 76 39 ~O5 42~81 9490 02115/2005 70.00 ~ 24~ 03~OOg842 CHAPMAN1 P A TRI CJA & P A TRI CI 90.26 17.70 17 . 70 17470 37.16 12/06/2004 39.12 - 32.32.4084.2 CHAPPELL. JOHN 133.00 66450 66.50 02116/2005 52.74.. 30. 74.2850.1 CHEESBROUGHt JAMES G~ 70474 24417 46.57 02122/2005 42.81 ~ 23.02.4700.2 CHENEYt STEVEN 15 7 ~ 30 43~90 77 ~ 78 35.62 01/21/2005 65. 00 .... 23.02.6100.1 CHENEY1 STEVEN 80.40 43.90 36.50 03/0212005 30.60 - 30. 7 4~3676.4 CHENEY~ STEVEN 123.64 53.38 70.26 01/19/2005 113424 - 30. 74~3020.2 CHERRY1DARREL 62.24 23.1 9 39.05 02101/2005 90421 - ... in Msg column indicates no Notice is to be sent c (" ~ CITY OF M ERI DIAN Delinquent Account List- council Page: 3 Standard Payment Customers Mar 15, 2005 02:56pm Current Perjod: 03/20/2005 No Delinquent Minimum Amou ntDelinquent Bafance Last Pmt Last Pmt Cust No Name Balance NonMDelinq 01/20/2005 12/20/2004 11/20/2004 Date Amount 22.50~05DO.3 CHESTER. FAYE 59.00 34.42 24~58 03/01/2005 30.00 - 35.3540216~ 1 CHRISTENS EN t S. G. 26~O4 25~O4 1400 03/0712005 25.04 - 37 .37.3314~ 1 CHRISTIAN B ROS 13~54 9.27 3.48 .79 37.37.326a~ 1 CHRISTIAN BRCS CONSTRUCTI 12~59 8.77 3.48 .34 22.51.1174~2 CHRISTIANSON, ARTHUR & cor 75.18 48.83 26.35 02116/2005 131478- 22.51 ~ 1170.2 CHRISTIANSON ~ ARTHUR & COI 48.86 37.55 11.31 02116/2005 64410 - 36.68.01 00.3 CLARK~ BRIAN 48~ 40 44402 4.38 01/18/2005 83.00 .. 25.2540160.2 CLARK. CORTNEY 57~96 25.22 32.74 01/27/2005 28.98 .. 36.6940872~2 CLARK. GORDON & JENNIFER 77.41 44.02 33~39 0211 0/2004 480 . 00 ... 37.3744222r3 CLARK, KIMBRA 65.48 32.74 32.74 01/12/2005 1 08.40 ... 24.04~ 1248.3 CLAY, STEVEN & SUSAN 54.09 50.33 3.76 02115/2005 46~57 .. 25.25.4056.1 CLEVENGER. P A TR1CK & KUMlr 70~5B 31 ~53 3 9 ~ 05 01/1 8/2005 80.88 .. 25405L0344.1 CLlFF, DWIGHT 124.97 84. 1 7 40.80 03/14/2005 70.00 - 464 17.0708.2 ell NTON, GARRY & J ERrL YN PL 66.24 62.82 3.42 35.35.0189.2 CLOUGH, R.G. & PAM 57~96 28.98 28.98 03/09/2005 32.74 - 29.0740892.3 CLUPHF1 CHRIS 45~74 28.98 164 76 03/0212005 60.00 .- 22.5140874.1 COLE, ORVI LLE 80.58 46.66 33~ 92 02/15/2005 50 ~ 00 - 24.04408BBr 1 CONNELL. DJON 120.80 60.40 60.40 01/26/2005 77 . 38 - 23.02.1920~ 1 CON RAD I t LINDA 159.44 89.10 70.34 02/17/2005 1 04.1 0 - 30.30.6018.2 CONWAY, JOHN & ELAINE 57.70 28~9B 28.72 01/21/2005 33~OO - 23.02.3100.2 COPE~ WilliAM & REBECCA 81.38 41.12 40.26 02101/2005 32.24 - 23.01.0210.1 COR01NGLEYt MRS LARRY 69. 18 51.42 17.76 0212512005 25.30 .& 30.74.321241 COREY BARTON BUILDERS 55.50 26.52 28.98 0212212005 44.02 ... 22.50.1412.2 CORP, WESLEY 37.45 23.06 14.39 09/22/2004 100.00 - 24404.1746.1 COSGROVE. AMY 1 0841 0 65~29 42.81 02/16/2005 72~ 81 - 25405.0662.2 CRANEt JACK 96490 42~81 54.09 01/18/2005 88.56 ~ 37.72.0228.3 CRONfSTER. DAVJD & TERESA 55~80 54.09 1.71 20.47~ 1178.2 CROW. JEFFREY 88.1 B 47.66 40.52 01/26/2005 40.00 - 22.5140742.2 CRUM. SCOTT & BECKY 68~ 14 35.40 32.74 01/31/2005 32.74 - 22.51.3260.1 CRW HOLDINGS LLC 226~24 112rOB 11 0.40 3.76 02125/2005 106.64 - 24~O440686.2 DA ROSA) J ULI E . 135~ 16 68.58 66.58 02116/2005 55.30 - 23~02.091 O. 1 OAI LEY. DON 54.56 44.88 9.68 02/28/2005 35~42 - 22.50~O284.3 DALE, MARK 52.22 21 ~ 18 17.70 13.34 12/21/2004 20 ~ 00 - 37.37.292042 DALEY~ NEAL 73.90 44~O2 29.88 22. 50r3a52~2 DtAMICOt JENNIFER 84~a6 30~66 28498 25.22 01/04/2005 27.82 - 20~46~O316~3 DANAHA,STEPHEN 49.53 36.97 12.56 36~ 69~ 164641 DANE BARLOW 157.04 148~ 71 4485 3.48 24~ 03~OO7842 DAVIS. LORAN & SHANNON 55.07 39.05 16402 02115/2005 1 00.00 - 22. 50~028B46 DAWSON, CAROL 1 02.96 25.92 51.46 25.58 01/21/2005 100.00 - 37.72.0132.1 DEL BRADLEY STI N E 78.1 0 39.05 39.05 01/19/2005 84.64 - 23402.1610.1 DESILET, DENICE 66.46 32.62 28~ 98 4.86 01/26/2005 25.00 - 23~O2.1960.1 DICKSON1 DONALD M 133.90 45.86 4 7 . 78 40.26 12/13/2004 119.46 - 30.30.6142.2 DILECCE, COSIMO 70.80 17.70 17 . 70 17.70 17 ~ 70 11/1 8/2004 53.B8 - 35~ 65.0416.2 DILECCE, J DE & TERESA 74.34 31 .53 42.81 01/1 9/2005 74.34 - 22450.0204.1 DIPAOLA. JONATHAN 64.90 35.40 29.50 02109/2005 30 ~ 00 - 24403.0720.1 DOBARAN, JOHN & ARVELLA 22.62 11 ~31 11 ~31 0212212005 11 ~31 - 24404.1554.1 DOLL. THOMAS 140.68 47.78 92.90 01/13/2005 136.84 - 244044 1166.3 DONALDSON~ NEAL 76.76 32~74 44r02 01/28/2005 99.24 - 24403.0830.1 DONLON~ KATHRYN 105.87 31 .53 35~29 39.05 12/28/2004 61 .42 - 37.37~3302.1 DONNELL Y, SCOTT & MARLA 73.98 25.22 25.22 15.13 8.41 30.74.1062.1 DOTYt PAULINE & RON 72.24 51.28 20.96 02/22/2005 88.00 ~ 35~65.0422.2 DREXLER, ADRIAN 63406 31453 31453 02/01/2005 24.01 .. 24.0441312r2 DRrpPS. NICHOLE 89438 42.81 46~ 57 02/04/2005 95.1 0 - 24.0442282.1 DRURY1 PATRICK 1 08.47 46.57 61.90 02117/2005 65.00 - 35.35~OO36.3 DUARTE, RACHEL 119.90 36.50 40.26 43~ 14 12/21/2004 115~OO - *** in Msg column indicates no Notice is to be sent ( ( CITY OF MERlO IAN Delinquent Account List... council Page: 4 Standard Payment Customers Mar 15~ 2005 02:57pm Current Period; 03/20/2005 No Delinquent Minimum AmountDelinquent Balance Last Pmt Last Pmt Cust No Name Balance Non-Delinq 01/20f2005 12/20/2004 11120/2004 Date Amount 36468.01 02.2 DURHAM. KYLE 76.65 31 .53 31 ~53 13.59 12/14/2004 1 25.00 - 24404~Oaa6.1 DUVALL. DEBORAH 61 ~69 31453 30. 16 01/21/2005 65.00 - 23.02~501 0.1 EARLEY. GEORGE 54. 18 25.22 28.96 03/1 0/2005 29.00 - 30.74.11 08.1 EDDY. 0 ENN IS 68488 32.56 36.32 02/01/2005 36432 - 21 ~4B.1632.2 EODYS BAKERY 139~85 72.42 67 ~43 01/28/2005 72.42 - 21.48.1633.1 EDDY.$ BAKERY .52 .52 01/18/2005 3.48 - 30. 744367a~2 EDWARDS. DEARL W 117.57 26. 13 50.33 41.11 01/26/2005 45.00 .. 23~02.2734~ 1 EDWARDS, MICHAEL A 86~ 18 39~ 16 36450 10.52 01/24/2005 70400 - 22~51.2992.1 ELDtLARRY 112.08 26.08 41.12 44.88 01/13/2005 61.12 - 22.51.0758.1 ELITE CL EAN ER$ 41 0465 141.75 140.09 128481 01/04/2005 253.86 - 21.48.4850.1 ELIXI RIND USTRI ES 39~40 38.42 .9B 02/28/2005 37.44 - 37.72.01 01 ~ 1 ELK RUN HOMEOWNERS ASSO 200~OO 200.00 03/11/2005 116.30 .. 22r50.0514~2 ELLIOTT, KIMBERLY 68.14 39. 16 28498 01/18/2005 4.00 - 30. 74~3200~ 1 ENGLUNDt MIKE 64.20 25. 1 5 39~O5 01/1812005 73.36 - 23.02.1940.1 EPLEY t RITA 82.78 49.78 33.00 02128/2005 45400 - 22.50~ 1238~2 ERHART. MILT 1 05~34 9.90 21446 73.98 10/19/2004 127.82 - 22~50~ 1232~2 ERHARTt MIL TON 48.66 33~44 15.22 03/15/2005 40.00 - 23.02.0320~ 1 ESTEPt NINA 68.70 32.74 35.96 02/08/2005 33.00 - 23.02~2430.2 ETI ENNE, LUCRETIA 67478 35.22 32~56 01/26/2005 52.86 - 32~32.43a6.2 EVANS, DAN I EL, RHON DA 76~ 76 36.50 40.26 02115/2005 40.26 - 30.74.2686.1 EVANS t STEVEN & KRIS1TE 88.04 40.26 47.78 01/19/2005 120.82 - 22.51.0406.1 FARMERS & MERCHANTS 8AN~ 245.62 123.40 12 2~ 22 02128/2005 38.47 ,- 35.65.0262.2 FENWICK, J~ & LOGAN1 SHERYL 39.40 17.70 17. 70 4.00 22.50. 0260 ~ 7 FIELDSTAD, CHRrSTY 78~66 49.68 28.98 02/15/2005 80.25 - 22.50~O290~5 FIELDSTAD, CHRISTY 52~ 12 34~42 17 . 70 01/13/2005 95~ 78 .. 30~ 74~256842 FINLEY, JEFFREY 162.06 32~74 81 ~54 47.78 01/19/2005 76.06 - 37.724027441 FITZGERALD, JUANITA 99432 47.78 51.54 01/18/2005 44.02 - 23~O141160.2 FLA TEN ~ BOB 76464 36~38 40.26 01/25/2005 32.74 - 20.47.0008.1 FLATT, BRIAN & BRANDY 1 04.46 55.93 48~53 02107/2005 44~61 - 29.07.0878.2 FOL WELLt RITA 70.22 31 .35 38487 02108/2005 35.11 - 21 ~48.26g6.1 FOOD SERVICES OF AMERICA 500.14 233~ 15 266499 02115/2005 195~55 - 21.48.26g4~ 1 FOOD SERVICES OF AMERICA 2,320~22 1.069.86 1 ,250~36 02115/2005 1 .438.38 - 30.30.6212~2 FORSTER. PAMELA 136~53 25.15 72.81 38~5 7 01/19/2005 1 00.00 - 35.35.1414~3 FOX~ ERICK 73~OO 32.74 40.26 01/26/2005 28.98 - 24.04.1162~3 FRANKS, JAM ES & J ORIT A 1 02.00 52.8a 49.12 02103/2005 45.36 - 36.68.0142.1 FRAZEEt ANGJ E 77.15 39405 38.1 0 03/01/2005 40400 .. 22.51.307a~3 FREEMAN, NICOL E 28.58 27.58 1 ~OO 02115/2005 94416 - 24404. 1708.2 FREI NW ALD. CLA Y J R 44~92 36.50 8~42 02115/2005 90~OO ~ 23.0140832.1 FRlENOS OF CHILDREN & FAMII 36.71 35.71 1.00 03/01/2005 26.35 ... 22~51 ~3660~3 FUHRMAN t JIM 27.45 21.18 6.27 36. 69~ 01 06~2 FURGASON. BONNIE 74.34 35.29 39405 02108/2005 35~29 - 20~46~ 0262.2 GABRI ELt RON & MARILYN 69.48 34.19 35429 02101/2005 35.29 - 25.25.4530.2 GALITZj KURT & J EANIN E 44.38 42.81 1457 02128/2005 45.00 - 23.02.4390.3 GALLUP t JOSHUA & EMI L Y 60.62 31 .64 28498 01/1 812005 17.13- 22.50. 1996~2 GARCIA. CHRI SSY 81.38 44.88 36450 01/26/2005 40. 17 - 20.46.0116.1 GARI BOVlC, KAS I M 103.79 36.97 35429 31.53 01/26/2005 72.22 - 22.50.0132.2 GARID EL. TROY 98.14 65.40 32.74 02116/2005 73.16 - 25.25.9904.2 GARVIN. MATTHEW 95.62 51 .54 44.08 02122/2005 91453 - 23.02.0950.1 GAYTHIWAtTE. RITCHIE & SUSP 94.00 4 7 ~43 46.57 01/18/2005 80.88 - 30.30~6220.2 GENTRY. LANCE 63.22 24.1 7 39.05 01/24/2005 39.05 M 30.74.3078.2 GENTSCHt NOREEN 21 2.45 83.57 125.53 3.35 02116/2005 80.00 M 20.46.0622.1 GONZALES. JOHN 77.98 38493 39.05 02109/2005 31.53 M 23.01 ~2090.1 GOSSEN, KELLI 68414 35~40 32.74 01/1 8/2005 1 01.20 .. 36r69.0376.1 GRAYSON~ GARY 92.66 46.57 46.09 02108/2005 69.00 - 37.72r0212.1 GREEN t J USTI N 79~54 40.26 39.28 02111/2005 45.00 - ... in Msg column indicates no Notice is to be sent (. CITY OF MERlO IAN Delinquent Account List- council Page: 5 Standard Payment Customers Mar 15. 2005 02:57pm Cu rrent Period: 03/20/2005 No Delinquent Minimum AmountDelinquent Balance Last Pmt Last Pmt Cust No Name Balance Non..Delinq 01/20/2005 12/20/2004 11/20/2004 Date Amount 32.32.4766.1 GREG HA TCHER CONSTRUCTI( 23.43 16.69 3~4B 3.26 32.32.4650.1 GREG HATCHER CONSTRUCTI( 1 O~52 7.04 3.48 02115/2005 1412- 22.51 ~3350. 1 GREGORY. STEVEN 59.64 30~66 28498 01/14/2005 25.22 .. 23~ 03~4012.1 GREYLOCH CUSTOM CABINETF 38.48 29.55 5.45 3.48 20.4740056~2 GRI FFIN, STEP HEN & MARY JO 69~ 12 36.38 32.74 01/26/2005 36.50 - 23.0244290.1 GROSSOt SHADOW 58.66 29.68 2Br98 02115/2005 80444 - 24.03.0034.1 GROUND t J ENN IF ER 138439 39.05 76.57 22. 77 01/1 912005 100.00 - 32.32~4688.1 GUARANTEED QUALITY 13.64 8~4B 3448 1.68 46~ 17&0534.1 GUARANTEED QUALITY 13.05 9.57 3.48 32.32.4304~ 1 GUARANTEED QUALITY HOME~ 29.76 20.95 5.44 3~37 32~32.4342.1 GUARANTEED QUALITY HOME~ 14r 73 9.57 3.48 1.68 32.32.434641 GUARANTEED QUALITY HOME~ 20.00 20.00 32.32.4330.1 GUARANTEED QUALITY HOME~ 18~49 13~33 3.48 1.68 32.32.4302.1 GUARANTEED QUALITY HOME~ 14.73 9.57 3.48 1.68 37.37.3300.1 GUARANTEED QUALITY HOME~ 11.64 7~O4 3448 1.12 46. 17 ~ 04 15. 1 GUARANTEED QUALITY HOME~ 53r46 17.70 17 . 70 14458 3.48 22.50~ 2378. 1 GUTHMILLER, BRIAN A 33r62 30.66 2.96 01/18/2005 200.00 - 24~O4.1620.7 GUYMON, GREG & ALfSON 31 ~98 28.98 3.00 03/0212005 100.00 - 30. 7440074~ 1 HACKING~ DALE 40.56 40.26 ~30 02122/2005 4 7 ~48 - 30.74.276042 HAGAN, CHRISTOPHER & AMA~ 123. 14 76.57 46.57 02/16/2005 85.78 - 36.68.0268.2 HALE, LAWRENCE 75466 41.60 34 ~ 06 12/22/2004 45.38 .. 22.50.1512.1 HALL, LEO 92.88 39.27 53.61 01/21/2005 49485 - 23.02.3360.2 HALLt TIM OTHY & 0 EB RA 70.1 0 33~60 36~50 01/25/2005 72~84 - 37.37 ~331 0.1 HALLMARK HOMES 57.41 21.46 21.46 14.49 01/1212005 6.17 - 24.03.0810.2 HAMMER. MJKE 66r82 31.53 35.29 01/2612005 27.77 .. 35~35.3036. 1 HARDING, MARY 33~ 76 25.22 8.54 02114/2005 50~44 .. 23~O242612.2 HARMON. WJ LLIAM 50. 1 6 21 ~ 1 a 28.98 01/14/2005 25.22 - 36.6940578.1 HARRISt DEBORAH 91467 91 .61 ~O6 02/16/2005 138.20 - 37.37.3872.2 HARRIS, JOE & JILL 39.15 39.05 410 02/28/2005 46~47 - 24.04.0512.3 HARRISt KA THY 85.62 42.81 42~81 02115/2005 113.66 - 30.74.3230.1 HARRISON~ THOMAS 62.86 22~ 60 40.26 02122/2005 40.26 - 30.74.3334.3 HASTING, S H ERRI 59r46 24.17 35.29 02111/2005 35r29 - 22. 50~2112.2 HAYt CHARLES & ROBERTA 141 .55 52.17 50.33 39.05 12/23/2004 101 r56 - 22. 50. 2372~5 HAYCOCK~ VANESSA 83.54 40.73 42.81 01/21/2005 82.91 - 24404.1212~ 1 HA YLETT, MIKE 66.82 31.53 35.29 02/15/2005 80 .41 - 22.51.0326~ 1 HAYMOND~ DAVID A 92.66 44.88 47.78 01/31/2005 44.02 - 36.6940694.2 HEA TONt CHAD & HEATHER 144479 84.09 604 70 02116/2005 85400 - 23402.5070.3 HEFNERt C & BEAN, D. 84416 43.90 40426 02109/2005 36.50 ~ 23~O242250.5 HENEYt TIMOTHY & JOANN 88490 44488 44~O2 02101/2005 56.32 .. 30474.244042 HERBERT, RANDY & EMIL Y 35.87 31 .53 4434 02/25/2005 40.00 - 25.05.0220~ 1 HESS I NG. WI LLIAM 227. 16 126474 1 00.42 01/19/2005 207.96 - 24.03.0036~2 H ESTER~ CHR1$TIN E 108.18 57 .85 50~33 02115/2005 50.33 - 24.03.0094.2 H ESTER~ CHRI$TIN E A 149.54 84~ 17 65~37 0211512005 42rB 1 - 22.51.0934.2 HICKEYt F.A~ & JEANE 71.90 42~92 28.98 02101/2005 8~56 - 22.51.065B~ 1 H1CKEY t JEAN 50.18 45.47 4L71 0211412005 80.91 - 22.50.0592.2 HI EBt J OHNN 51 r 14 25.92 25.22 02101/2005 69~94 - 22.51.3580.1 HIGGINBOTHAM, RON 170.80 89.26 81 ~54 02116/2005 51.54 - 34.34.6264.1 HIGHLANDER HOMES 212~ 71 138.02 57.49 17 ~20 24r03.0264.2 Hill, T ARA 80.52 40.26 40~ 26 01/12/2005 1 08.52 - 30~ 74.0688.3 HISLOP, TOM 57496 25.22 32.74 02117/2005 25.22 .. 29.07.0998.3 HISLOP, TOM 7841 0 35.29 42~81 02117/2005 46.57 - 29.07.1096.2 HISLOP, TOM & HATCHER, PEN g1~72 58.98 32.74 02117/2005 66.46 - 22.50.4810.2 HIXt MICHAEL 44.16 32.74 11.42 02125/2005 40.00 - 35.35.0221 .2 HOALST, JODI 139.44 54.09 85.35 02128/2005 50 ~ 00 -. 20446.0356~ 1 HOLDRl DGE, JOANN E 1 04.92 53~38 51.54 02128/2005 44~ 02 - ... in Msg column indicates no Notice is to be sent (:- t CJTY OF MERIDIAN DeJinquent Account List~ cou ncif Page: 6 Standard Payment Customers Mar 15t 2005 02:57pm Current Period: 03/20/2005 No Delinquent Minimum AmountDelinquent Sa lance Last Pmt Last Pmt Cust No Name Balance Non-Delinq 01/20/2005 12/20/2004 11/2012004 Date Amount 30.74.1014~3 HOLLOWAY, JERALD K 1 05~ 74 32.74 36~50 36.50 01/19/2005 80.52 - 32.32.4630.3 HOLZER, ERIC & LI SA 420.26 42.81 377.45 22.51.0918~2 HOOD. CHAUNCEY 80440 40.14 40~ 26 02111/2005 6.54 - 22.51 .0446.2 HOOTS~ TRACf & RAMI REZ~ MAF 579.01 340.39 236.91 1.71 22450~ 0678.1 HOOVER, LYND M 165.83 72.69 50.33 42.81 02/16/2005 110.49 - 22.50~0680~ 1 HOOVERr L YND M 1 02.88 70.14 32.74 ~. 02116/2005 65.32 - 36.68.0132.3 HOSTETLER~ J EANIN E 24~56 17.70 6.86 36. 69r 1276.2 HOWARDt DONALD & CAROLYN 95468 95~ 68 04/21/2004 35~32 - 23.01.0420.1 HOWARDt TREVIS 1 05498 54.40 51.58 01/18/2005 1 02~02 - 22~20.00B4.1 HOWELL. P A TRICfA 37.63 30.66 6.97 01/26/2005 22.01 - 35.6540704.2 HUBBARD. SCOTT & ERICA 61.10 44402 1 7.08 02125/2005 37.38 - 35.6540708L 1 HUDDLESTON. CODY 203.63 87 ~a5 115~ 78 0211612005 60.00 - 35.65.0460.2 HUMPHREY1 KELL Y 78.10 42~a 1 35.29 01/2512005 42~81 .- 30~ 74.3436.2 HUMPHREYS. JASON & CHRIST 86422 42.20 44~O2 02115/2005 64.34.M 22~51.071442 HUMPHREYSt JOHN 63464 31 ~64 3 2~ 00 01/26/2005 82~OO - 22.51.0510.4 HUNT1 WESLEY a4~ 16 43~90 40.26 02/14/2005 44.02 - 36.69.0926.2 H UNTIl NGt DENNIS & RANAE 1 .344.50 44.02 66.50 44.02 1 t 189~96 02101/2005 44.02 - 30.7442944.3 HUSFLOEN. TRISHA 19.02 17 . 70 1.32 03/01/2005 15.00 - 25.25~4024~2 HYMAS, AARON 61. 72 28498 32.74 01/28/2005 78.56 - 29.07~ 1 064~ 1 HYMAS~ ARRON 81 .86 35.29 46.57 01/21/2005 .145.62 - 21.49. 1148. 1 IDAHO H EA TI NG AN D AI R 419140 139.80 139480 139.80 01/13/2005 136.04 .. 30~ 74.2856.2 IMMEGART, KURT 50.96 23.19 27477 01/27/2005 31 .53 - 24.03.4001.1 INTERSTATE BATTERY 4.06 4.06 10/19/2004 91 .68 - 20~46.022042 lVERSON. DAN I EL & JOYCE 68.14 35.40 32.74 01/26/2005 32.74 ~ 23~ 01 . 1902.3 IVERSON. RODN EY 204.83 1 04.34 100~49 22~50.4506.1 JACOBSON t BErrY B. 47.36 25.92 21 ~46 01/18/2005 65.38 - 23423.3012.2 JAEGER.KEVIN & CLAY, TINA 1 07.48 39~ 16 36.50 31 ~82 01/07/2005 1 00.00 - 35.65.0666~2 JAMESON~ BRETT 59.30 27 . 77 31453 02101/2005 61~10 .. 25r25.0024.1 JEFF MANSHIP 51.78 24.01 27 ~ 7 7 01/18/2005 74.83 - 22~50.2096. 1 JEFFS. GEORGE & PATTY 93.64 45~86 47.78 02115/2005 40426 .. 35.35.502843 JENSEN, ERrC & CHRISTALINA 85.62 42.81 42.81 01/18/2005 94494 .... 32.32.414842 JESS EN. LELAND & GEN E 41.53 31 .53 1 0.00 0211512005 25.29 - 25~25.107442 JOHNSON, BRETT & MICHELLE 81 .86 39.05 42rB 1 01/1 812005 84.64 a 30~ 7 4~3642.2 JOHNSON ~ KEVIN 43.31 29 ~ 0 7 14.24 02114/2005 1 00.00 M 23.01 ~2710.2 JOHNSON. MARC 111 .38 41.12 70.26 03/14/2005 36.50 .. 29.07~OB86.3 JOHNSON. ROGER & HOLLY 51~78 24.01 27~ 77 01/21/2005 65.68 - 20.4 7 ~ 0068.2 JOHNSON ~ RONALD & APRI L 63~60 47.43 164 17 12/07/2004 150.00 - 23.02~ 1890.3 JOHNSONt STEVE & BARB 141.80 53.15 54409 34.56 11/09/2004 37 .25 - 22.51.4290.1 JONES. BRET 231.83 120.62 111.21 03/15/2005 105470 - 36.68.0320.1 JONES, DONALD 31.85 31 ~53 .32 02122/2005 26400 ... 20r47.1036.2 JONES, F AROL 104.16 68~93 35.23 02116/2005 125~OO - 22.50.2354. 1 JONES, OWEN 72.26 36.97 35.29 03/01/2005 26.26 .. 23~02.551 0.3 JONES, SAMU EL 82~65 64. 51 18~ 14 22 r 5 0.209 a 4 3 JONES, WES & CINDY 73.24 37.95 35.29 02111/2005 32.74 - 22~50.2122.2 JONES, WES & CINDY 133~gO 45.86 55~30 32.74 01/1 812005 95.48 - 22.50.2418.2 JONES, WES & CINDY 99 ~ 16 48.64 50.52 03/03/2005 60.00 - 24~ 03.082842 JONES, WESLEY & CYNTHIA 78.1 0 39405 39.05 01/19/2005 139.79 - 23.01 .2720~2 JOY 1t J ENN I FER 80.40 40.14 40~ 26 02128/2005 4144 7 ~ 36~ 69.0568~ 1 JUDGE, ROGER & SANDRA 84.28 40426 44~ 02 02/08/2005 40~26 .- 20446.0802.4 JUDY. VI CTOR 157.38 89.46 67492 02117/2005 50.00 - 37437.3344.2 K W HOMES INC 35.40 29.70 5.70 32432.4648.2 KAOt DAVID & CHANG 19.41 17.70 1.71 36~6840224.1 KA VI LA, JOS EPH 74.34 35.29 39.05 01/1412005 84.64 - 23.0344020.1 KB WELDING 22.48 9.51 1 2~97 02128/2005 3r4B - 35.35~ 0391 .2 KEENEY, DARYL 85.62 42.81 42r81 01/21/2005 81.86 - ~*. in Msg column indicates no Notice is to be sent c. .." r ....: Cln' OF M ERI DIAN Delinquent Account List.. council Page: 7 Standa rd Payment Customers Mar 15t 2005 02:58pm Current Period: 03/20/2005 No Delinquent Min imum Amou ntDelinquent Bafance Last Pmt Last Pmt Cust No Name Balance Non~Deljnq 01/20/2005 12/2012004 11/20/2004 Date Amount 30~ 74.3788.2 KEENEY ~ DOLAN & ELIZABETH 70.22 22.60 44402 3.60 02128/2005 44~02 - 23~O2.0952.3 KEITH~ WJ LLrAM & LORRAI NE 75434 55.34 20.00 02125/2005 39.06 - 24.03402B6~ 1 KELL Y t MrLLICENT 51.78 27.77 24.01 01/24/2005 27.77 - 24.04.1944.2 KIMBROUGH. CHRISTOPHER & 85r62 39.05 46~57 01/12/2005 1 04. 10 .. 22.50.059442 KINDALL, AARON & MISTr E 90.24 47.43 42.81 0211 7/2005 39 ~ 05 - 23.01.0160.1 KLUGt DA VI D 41439 37.36 4.03 01/18/2005 50.00 .. 24.04.1204.2 KNIGHTt TIMOTHY 48.02 24~O1 24.01 01/1 8/2005 20 ~25 - 22~5143570 .4 KNOX~ JERRY & NORMA 605r96 76.16 77 ~ 78 47.78 404.24 07/19/2004 50 ~ 00 - 46.46.62aO~2 KNUFF. 8 RYAN & S HERRI 66.82 31 .53 35 ~ 29 01/24/2005 39.05 - 30474.3962.2 KOCHt JOSEPH & VJ LMA 57.66 26. 13 31.53 02115/2005 93.26 - 24404.1858.2 KOCHt MICHAEL & SALrNA a 1.86 35429 46.57 02109/2005 39.05 - 36.69.0498~ 1 KOELLI NGt CRAIG 70.58 35.29 35.29 02101/2005 96490 - 24.04~2304.1 KOYLEt RUSSELL 85.62 39.05 46.57 01/27/2005 46~57 M 37.37.3116~ 1 KUEHL CONSTRUCTION I 42.92 17.70 25.22 01/27/2005 17 . 70 .. 20446.0368.2 KUPERtGREG a5~50 38.93 46.57 01/19/2005 79.08 - 22450.1750.1 LACY. MEL 122.25 29 ~ 45 65r29 27.51 01/19/2005 1 00400 - 29.07.0260.1 LAMBSONt MARSHALL 120.72 41.60 79 ~ 12 01/19/2005 1 00.04 - 22.50.4268~2 LANHAM, PA TRICE 145. 70 54.09 91.61 01/19/2005 175.21 - 23.01.0890. 1 LANTZtSTAN 56. 11 30.66 25422 ~23 03/15/2005 25.00 - 23.02.4490.2 LARSONt LEI F 65~88 59. 1 0 6.78 03/14/2005 50.00 - 35. 65.0260~2 LARSON~ WADE & LAURI 143~60 41 ~ 60 56L 64 45.36 01/19/2005 92~34 - 35.65.0300.1 LAUt TODD 40.26 36.50 3.76 01/21/2005 36.50 - 35~35. 040 1 .3 LA V ARELLO, MIGUEL & 8 RAN DI 81 .86 39.05 42.81 0211512005 82.84 - 35.65.0626~2 LAWTONt ANN 41 .83 39.05 2~78 01/26/2005 82.84 - 22.50~ 0600.2 LA YTON ~ JONATHON & FELl ell 84.16 40. 14 44.02 01/27/2005 32.74 .. 46.46.6318.2 LEE~ PAUL HOJOONG 69.24 40426 2a~98 01/13/2005 78.56 .. 30.74.126043 LEGGETT t CHAD & CHERYL 94.59 35429 35.29 24r01 01/05/2005 35.42 - 22.50.2428.1 LEONARD1 DAMON 108.20 54.95 53.25 02125/2005 50.00 - 30~ 74.3250.2 LEVITT t MONTE & JULIE 74.10 23.58 50r52 11/23/2004 75.00 - 23.0143250~2 LJ DDELL. J aSH & SARA . 136.92 62~B2 74.10 01/19/2005 181 .08 - 24~03.03B6.2 LIGHTFOOT, LANCE S~ 62.56 28.98 32.74 .84 02115/2005 65400 - 30. 74~3218.3 LINDSEYt STEPHANIE 67.96 25~ 15 42~a 1 01/26/2005 39 ~ 05 - 20.46.0328~2 LlNTONt CHAD 186.72 32.23 154.49 03/0112005 50.00 - 37~ 72.0292.1 LlSTONt KEN 74.34 35.29 39.05 01/24/2005 42.81 - 23~ 02.4070.4 LJ PROPERTIES LLC 65.21 31 .31 15~ 07 18483 12121/2004 44.86 - 30.74.3624.3 LUTHYt BRITTENY 45.90 23r 1 9 22.71 03/09/2005 50400 - 36.69.1556.1 MACEt JEFFREY & BERLENE 228455 50.33 178.22 03/11/2005 75.00 - 23.02.4480.1 MAORIDt JOSEPH F 77.00 37~95 39.05 01124/2005 73.36 .. 23.02.1410.1 MADSEN. JOHN 127.48 49~62 77.86 0210412005 85.38 .. 23.0143350 ~ 1 MADSEN, LOU 54.20 25.22 28.98 0210212005 75.00 - 35.35. 1 004~2 MAHALISKO, MIKE 111.86 69.05 42.81 02/16/2005 80.73 - 30.74.0394.3 MANTHA, TRAVIS & APRIL 61.72 28.98 32.74 02115/2005 28498 - 304 7 4.2642~ 1 MANWARING, MARK 100.95 39.05 50.33 11.57 02/15/2005 65~OO - 23402.1510.1 MANWARINGI MARK 138.22 59 r 1 0 32.74 28498 17.40 01/24/2005 1 0.00 - 20446.0792.1 MARCHAL~ BART 93.64 49 ~62 44.02 02115/2005 81.50 - 24.03.0056.2 MARCHANT, KIMBERL Y 66~a2 31 ~53 35.29 01/21/2005 68.62 - 36. 68. 0276~2 MARCROFT, BOB & ELAINE 361.86 17.70 337 ~30 6.86 24.03.0B06~4 MARCUM. CARL & JULI E 76.85 35.29 39~O5 2.51 03/01/2005 40.00 - 23L 02.5940.1 MARINEAUt SHIRLEY 93r24 48.96 44.02 .26 01/11/2005 40400 - 24r03~0396.2 MARKAR DESIGN 1 04~42 50.33 54409 02128/2005 54~09 - 36r69.0156.3 MARQUISt RON & SANDRA 47.06 44.02 3404 02125/2005 40.98 - 29.07.023642 MARSH,ROBERT 70~58 31.53 39.05 02128/2005 35.29 - 24.03.027443 MARTIN, BILL & DEANA 96.90 46.57 50.33 02114/2005 71~71 .. 23402.2520.3 MARTlN, CRAIG 1 88.99 111 .08 71 .35 6.56 01/24/2005 100.00 .. 37.37.2892.1 MARTINt RONNA 70.58 35~29 35~29 02/08/2005 35429 - *** in Msg column jndicates no Notice is to be sent ( ~~ . CITY OF MERIDIAN Delinquent Account List- council Page; 8 Standard Payment Customers Mar 15, 2005 02:58pm Current Period: 03/20/2005 No Delinquent Min imum AmountDelinquent Balance Last Pmt Last Pmt Cust No Name Balance Non-Delinq 01/20/2005 12/20/2004 11/20/2004 Date Amount 35r64.0020 .2 MARTI NEZt RON 61. 72 28.98 32~74 01/1 3J2005 156.06 .. 30~74.1044~3 MARTINEZt ROSA 68.90 28.98 36~50 3.42 22~504 2424.1 MARTS, DEBI 63~40 30.66 32.74 03tO 1/2005 28.98 - 37 .37.3032~ 1 MARX. BRAD & JANA 86.41 42.81 42.81 .79 22.50.3714.3 MATEESCU, ROXANA 96.27 33.21 31 .53 31453 01/14/2005 70.09 - 36.68.001442 MATTOX1GARY 49.08 39.05 10.03 01/04/2005 75.59 .. 36.69~01 00.3 MAUPf N. BRADLEY 70458 35.29 35.29 01/24/2005 32.55 - 22.50.3888.1 MAXEY. STEFF ANI E 81.46 32.23 24.01 25~22 12/22/2004 27.02 - 30~ 7 4.2902~4 MeSAl NE. DONALD 67.96 25415 42481 02115/2005 119~3B - 32.32.4606.1 MCCALLfSTERt GARY 76~55 17470 21.46 15.21 224 18 36~ 6940458.3 MCCREARY, EARL 93.19 42.81 50.38 01/1 812005 135.00 .... 24.04.1880.1 MCCUE. DENNIS & RHONDA 85.62 42.81 42.81 02122/2005 39.05 - 22.50.0400 ~3 MCFADDEN. CLEORA 198.58 116496 81 ~62 01/21/2005 55.84 .... r 30. 74.2566~ 1 MCFARLAND. SCOTT & NA T ALII: 85.62 39.05 46.57 02104/2005 50433 - 37~374501 0.1 MCF ATE. DAVID E. 54~ 19 54.09 .10 03/07/2005 46.47 M 20.4741156.2 MCGOWN~ MARK & TRACI 37.36 36~3a .98 02122/2005 36.50 - 22.51 ~3246.1 MCKAGUE. RICK 109.96 44.65 42.81 22.50 01/03/2005 100.00 - 24.04.1798.2 MCKI NLEY t JAMES A 83.31 27.77 27.77 27 ~ 77 12/16/2004 139476 - 23.02.487044 MCKINLEY1 JUNE 141 ~24 61 .88 59.06 20.30 02114/2005 50.00 - 23.02.627045 MCKINLEY, JUNE 82~85 38.93 43.92 02114/2005 50rOO - 22.50.2126.1 MCMAHAN, BRIAN 136r68 56 ~ 16 44~ 02 36.50 12/21/2004 6 7 ~ 64 - 23r02.3B92~ 1 MCNALLEY, RUSSELL 117.15 35~29 42.81 39 ~05 12129/2004 121. 90 ~ 36.36.1014.2 MCQUEEN~ ALLEN 113. 70 20~25 24.01 27. 77 41.67 11/29/2004 44.61 M 23.02.5590~ 1 MEDENA1 RAYMOND 64~95 35.1 7 29.78 02115/2005 30.00 .. 3646940062.2 MEEKER, LARRY 115.70 54.09 61.61 01/27/2005 57.85 - 23~O1.2730.1 MELLEN. ANGELA 156.13 64.59 91 ~54 02116/2005 81.00 - 23.02.6240~2 MENCHACAt ERNIE 86.94 50460 36.34 01/13/2005 1 08.96 - 24.04.2052.2 MENDENHALL~ ALAN 50466 50.33 .33 03/1412005 50 rOO - 22.51 .4362.1 MERIDIAN MARKET PLACE 322~O6 306.27 15. 79 12/14/2004 574.94 - 20.46~O198~3 MESERTH,ANDY 94.00 4 7 ~43 46~57 02/07/2005 78492 - 46.46. 71 05.1 MESSINA VrLLAGE M WATER F~ 11 .86 8.38 3.48 03/01/2005 6.42 M 22.50.3848r 1 MEYERS, DAN 1 00.90 51.19 49.71 01/25/2005 90.00 ~ 30r 74.0052. 1 MILLER. E. ROG ER 30~32 25.22 5.10 03/1 0/2005 23.88 - 24.03.0102.1 MI LLER1 KENT & J ENN I FER 89.38 46.57 42.81 01/18/2005 61423 M 22.50.2352~2 MILLER~ SARAH 86.94 46~6B 40~ 26 02116/2005 88~42 - 20.46.0406.1 MI LLS, TIMOTHY 37.43 35.40 2~O3 03/15/2005 37 ~43 - 24.04.0538.1 MONSON1 THOMAS 49.92 49.12 .80 02116/2005 150~OO - 22.50.3856.2 MONTGOMERY~ JOSEPH & DO~ 182461 89.27 91 ~69 1.65 02101/2005 105.00 - 33.33.0002.1 MONTVUE PARK 41 ~42 18.83 22.59 01/26/2005 26~35 ~ 33~33~0001 . 1 MONTVU E $PI NAL eLl N I C 19.55 3.48 3.48 3.48 9.11 22.51 .4214.2 MQORE.LAWRENCE & KRlSTiN 175.59 44~O2 47.78 55.30 28449 24. 044 1634~ 1 MOORE, RUSSELL C 275.56 17.70 21.46 21 .46 214.94 08/03/2004 1 OO~OO - 22.50~ 1202.1 MQORE1 TERRY A+ 88.44 45~55 42.89 01/18/2005 42.89 - 23.01.1 980.3 MOORTGAT1 JAMES & JENNIFEI 143~O3 131.96 11 .07 35.35.0205.2 MORAN, GLENN 7 4~34 35.29 39.05 01/25/2005 35429 - 37.37.2894.1 MORGAN CREEK HOMES 13~56 1 0.08 3.48 37~37.3610r 1 MORGAN CREEK HOMES 13.56 1 0.08 3448 24~03.0B89 ~ 1 MORNING GLORY #2 HOA 31 ~32 31.32 22.51.3112.6 MORRIS, AMBER 62r96 32.32 30.64 02125/2005 30464 - 304 74.002241 MORTON, MERRILEE PARK 936.79 412~ 50 408.74 115.55 03/15/2005 129.00 - 20446~O45043 MOSKOWITZ. ALAN & HELENE 65~ 72 36.38 29 ~ 34 01/26/2005 54.60 - 23.02.6050.3 MOWLER. JAKE 44.64 40. 14 4.50 03/07/2005 32.00 - 30. 7 4~3216.1 MU I Rt GRANT 63.53 24. 17 39.36 02116/2005 25~ 00 - 25~05.0816r 1 NAVA.BENNY 63~O6 27 .77 35.29 01/14/2005 71 .40 ~ 35.65~O450.1 NELSON. MARl L YN 87.96 28~98 58~98 01/19/2005 130492 - .** in Msg column indicates no Notice is to be sent / ~~. .. :.. L CiTY OF M ERI DIAN Delinquent Account List- council Page: 9 Standard Payment Customers Mar 151 2005 02:59pm Current Period: 03/20/2005 No Delinquent Minimum Amou ntDelinquent Balance Last Pmt Last Pmt Cust No Name Balance Non-DeJinq 01120/2005 12/20/2004 11/20/2004 Date Amount 35.6440054.2 NELSONt ROLAND & IDA 37.19 36.50 ~69 0212212005 28429 - 23402.1990.1 NEWBERRY, RICHARD B 1 ~38 44.88 36.50 01/07/2005 118.98 - 24.03.0660.1 NEWHOUSE, RAYMOND & TINA 92.33 35.29 46r57 1 044 7 01/2512005 75~OO - 25.25.4310.2 NlCHOLSt MJ CHAEL 33475 24.01 9.74 02122/2005 50 ~ 00 w 22.51 .0334.3 NIEHOFF1 DENNIS 90.88 39.16 51472 02123/2005 60.00 - ~37~3744214~2 N I ELSENt CLARK 54.22 46~57 7465 12127/2004 139.58 - 25~ 2549976.2 NIHAD BERRERJSTANN 35.40 17.70 1 7 . 70 01/26/2005 17.70 - 22.50.2238.2 NOSALSKIY, RUSLAN 166.92 56.32 62.82 47478 01/18/2005 69460 .. 24.04.2186.3 NYE~ KEVIN & ROXENNA 99~32 47r78 51.54 02122/2005 47478 - 25. 25~007 4~ 1 OLIVER CLEAVER 50.44 25.22 25~22 01/13/2005 5.32 ~ 25.25~OO86.1 OLIVER CLEAVER 126.49 42.81 58.98 24.70 01/19/2005 100.00 .. 36~68.0234~2 OLIVOTTI r MI KE & JACOBI 4 7 ~99 42~81 5.18 02107/2005 55400 - 25.25.1 058.2 O.NEI LL. KATHLEEN 143.80 17.70 32r 74 25.22 68.14 11/23/2004 113424 - 24.03.0826.2 O-TOOLEt RHONDA 73~OO 32.74 40.26 02101/2005 32.74 - 22.51.3430.2 OVERTONr DAVID 54.36 54.36 07/0212004 56.31 .. 24.03.0044.2 PADGETIt DAVE & CHARLENE 87.23 46 ~57 40.66 02/23/2005 60 ~OO .. 22. 50~ 1770.2 PALMERt ELDON 374.1 0 14g~OO 123.83 1 01 .27 01/18/2005 126.93 ... 22.50~3732.2 PANGBURN~DAN 3B~23 32.23 6.00 02122/2005 21 ~ 77 w 30.74.268244 PASSANNANTE.DAN 240403 52~a8 75.44 1 05.52 6.19 30.30.6070.2 PASSANNANTE, DAN & ATHEN~ 80.52 40.26 40.26 01/26/2005 40.26 ... 3 0 ~ 30.6204.2 PASSANNANTEt DAN & LYNCH, a6~25 23.19 31 .53 31 ~53 01/18/2005 40 r69 - 20.46.0590.1 PECHTtBRYAN 64.74 36~97 27. 77 02111/2005 80.52 - 35.65.0346~3 PEDERSENt DOUGLAS & KATHF 37.50 36.50 1.00 02122/2005 72~ 00 ~ 37.72.0110.2 PENN I NGTON, JAM ES 69~24 36~50 32.74 01/21/2005 28.98 - 36~ 69. 0452.2 PERCIFIELD. TIMOTHY & MISn' 78.1 0 35~29 42.81 02/25/2005 42.81 - 24.03.006645 PERRY, DOUGLAS & BARBARA 1 02.34 47.78 54.56 02/16/2005 41 LOO M 23.02.0960.1 PETERSONt JOHN 89.8a 45.86 44.02 02/11/2005 32. 74 ~ 30.74.3518.3 PETTlGREWt JOSHUA 39~ 16 17.70 21446 02115/2005 52.04 - 20.46.0874.1 PETTI NGI LLt C~ B LAI N E 87.82 42.46 45.36 02114/2005 45~36 - 36.69.04 78~ 1 PHAKDY t SAM 1 OO~66 46~57 54.09 02128/2005 46.57 .. 23.02.3732.4 PHAM. KIMAN 65~4B 36.50 28r98 01/18/2005 125~04 - 23.0143130~2 PH I LIPS ~ ROY 74.82 46457 28~25 03/1 0/2005 1 00.00 - 36469~ 1 008~ 1 P H1LLI PSt ROY 59~30 31 .53 27.77 01/1 8/2005 76.14 - 304 7 4~3560.2 PICARD t VINCENT 77. 13 22~BO 22~ 80 31 .53 12/10/2004 66~ 78 - 22~51.4000.3 PIONEER FI NANCE, LLC 304.14 34~31 33~61 41.13 195.09 09/21/2004 50 ~ 53 - 37.37.2912.2 PISTERZlt JOSEPH & MAUREEN 50.44 17 ~ 70 32.74 01/18/2005 28.98 ~ 24.04.1412.1 PLUMLEY. RODNEY & M~ NAOM 81.86 39 ~ 05 42r81 01/18/2005 84.64 - 23.01.1020.2 PONJEVIC. SENADA 128.66 21 ~ 18 17.70 21446 68432 23.02. 1840.2 PORTENIERt ROBERT & RACHE 132.80 37 ~20 4 7 L 78 47482 01/14/2005 90 ~OO - 24. 03. 0332~ 1 PORTERt DA VI D 69.24 25~22 44~O2 01/18/2005 79 ~3B - 36469.05 22 ~ 1 PORTER. DOUGLAS a4~28 40.26 44.02 01/13/2005 74.10 ... 36.69~ 1282.1 PORTER. JOHN 70~34 66.58 3.76 03/01/2005 7 4~ 1 0 .... 22451 ~O774~4 PREECE. ROBERT 43.32 12.01 31 ~31 0210212005 22.99 - 35435.0081 ~3 PRELLWITZ. BARBARA 91.72 58.98 32~ 74 02116/2005 62.70 - 23~02.041 B~2 PR1CEt DOUGLAS 89.18 74~ 14 15.04 03/15/2005 51.54 ~ 35.65.0610.2 PR1MEAUX. MARK & KATRINA 93.14 39.05 54.09 01/12/2005 240.1 9 .. 23.02.5340.2 PRIVATSKY, K. & JOHNSTON1 TI 132.88 1 07.86 25.02 02122/2005 21 O~OO - 23.01.01 00.2 PYLICAN. WOODROW A~ 131.29 131.29 02118/2003 45.26 .. 31.52.0302.1 R T NAHAS FURNITURE STORE 267.01 48435 33.31 37.07 148.28 08/26/2004 96.70 - 36.69r 1652.1 R W BUDGE LLC 88.04 44.02 44.02 01/18/2005 51 ~54 - 24~04~ 1838.3 RADICAN, DONALD & CYNTHIA 69.50 36.50 33.00 03/14/2005 40.00 - 23~02.1570.2 RAMSAY, JUANITA 71490 39. 16 32474 01/31/2005 28.74 ... 24.04~2074.1 RAMZA, RONALD 47452 40.26 7.26 03/1412005 32.74 ~ 304 7 4~3562~4 RANDOM, DUANE & MICHELLE 68.94 26.13 42.81 02108/2005 42.81 .. 304 7 4~3420.3 RANSOM1 P A TRI CIA 72.38 25.54 46.84 02116/2005 60.00 - *** in Msg column indicates no Notice is to be sent \ CllY OF MERI DIAN Delinquent Account List.. council Page: 10 Standa rd Payment Customers Mar 15. 2005 02:59pm Current Period: 03/20/2005 No Delinquent Minimum AmountDeUnquent Balance Last Pmt Last Pmt Cust No Name Balance Non-Delinq 01/20/2005 12/20/2004 11/20/2004 Date Amount 23.01.1 050.2 RED CANYON CORPORATrON 83.45 26.90 25 ~ 22 17.70 13.63 23.02.2580.1 REED. DEBORAH 66.18 33.44 32474 01/1 0/2005 57496 M 22~50.2390.2 REEO~ LORETTA 152.98 77 ~OB 75490 02/16/2005 70.00 - 30.7440392.2 REES1 ARTHUR 69~ 14 25~22 25.22 18.70 02111/2005 75.00 - 37 .37 42954~2 REPACJt RANDALL & LYNETTE 93.14 42~81 50.33 01/24/2005 53.89 - 24.04.0542~2 RES, SHAWN 50.44 21 .46 28.98 01/19/2005 92.50 ~ 35.35.1230.5 RESCH~ BRIAN & JAN ETTE 66.82 31 .53 35~29 01/24/2005 73~36 - 36. 69~ 0488.1 REYNOLDS, SAMUEL 69.23 69. 13 .10 02/25/2005 72.79 - 25.25.9896. 1 RICEt ALLEN & TERESA 61 ~ 72 2B~98 32.74 0311 0/2005 32.74 - 37.37.3118.2 RICEJ JAMES & LIZETTE 309.32 309.32 06/30/2004 123.26 - 25.05.045442 RILEY, R SHANE 80.52 40.26 40.26 01/18/2005 68426 - 37.75.011 041 ROARING SPRINGS Gr96 3.48 3448 02101/2005 18g~28 - 37. 75~O11241 ROARING SPRINGS WATER PAf 37 ~66 15.07 22~59 02101/2005 11.31 - 22.50.0258.4 ROBBI NS, ELLEN 69.12 36.38 32.74 01/27/2005 36~50 ~ 22.50.0256.2 ROBS I NS, ELLEN 88~ 90 44.88 44.02 01/27/2005 40.26 .. 30. 74~2896.5 ROB ERTS, 0 I LLON 19.25 1 a~68 .57 25.25.1024.3 RODAM ER, LrNDA 47.50 28~98 18.52 ~ 01/26/2005 58.24 - 30.74.0406.4 RODGERS. ANGIE 133.16 28.98 1 044 18 01/13/2005 154.46 - 22~51.3214~2 ROEHR, ell NT 28~75 26.90 1.85 02114/2005 75.00 - 22.51 ~O866.1 ROHRBACH. CHERYL 70.36 40.14 30.22 03/08/2005 40.00 M 35.35.0105.2 ROONEY1 BRUCE & PAIGE 96406 40.26 55.30 .50 01/24/2005 95.00 ... 22.50.0130.1 ROSARrO~ SONY A 84442 40.14 44.02 .26 02122/2005 40 ~ 00 - 23.02.4710.1 ROSEtDEANNA 120.94 54.36 66.58 02108/2005 51 ~58 - 36.69~O544.2 ROSS. P A TRI CIA 85.62 39.05 46.57 01/25/2005 39.05 - 31.52~O269.2 ROUND TABLE PIZZA 454.92 454.92 03/1 0/2004 13.40 - 35.35.0058.2 ROWETT, BOB & DANA 85~62 39.05 46.57 01/14/2005 84.71 - 20.47.0074.2 RUMSEY, PHJLIP & JENNIFER 91 .42 49~62 41.80 03/07/2005 50.00 - 32~32.4020 .2 RUTHStGARY 73.00 32.74 40.26 01/27/2005 40.26 .& 23.02.3180.1 RYAN. WALTER 114.55 74.88 39.67 02116/2005 1 OO~OO - 31.57.0017.1 S & P SURVEYHOME, LLC 356.82 68.66 68.66 68.66 150.84 22.50.0090.1 SABAt VI RGI NA 167.08 79.23 87485 02/16/2005 84.09 - 22~51 ~3206.5 SALINASt MARIO & OLGA 25.83 24.12 1471 23.01 ~ 1200~2 SCHJMPH, FRED 141.88 75.28 66458 .02 02128/2005 60~OO .. 22.51 ~3720.2 SCHOWt BART & ALISSA 44.17 37.20 6497 01/26/2005 252~OO ... 46.46. 7060~ 1 SCHROEDER ENT 35.40 17~70 17 . 70 01/25/2005 68.52 ~ 37 .37 .5056~ 1 SCHROEDER ENT 39.16 21 .46 1 7 . 70 01/25/2005 83.25 ... 24.03.0042~ 1 SCHWEND~ LUVMINDA 49.50 32.74 16.76 02115/2005 40.00 - 29.07.0984.1 SCOTTt JASON 48417 27.77 20.40 01/18/2005 1 OO~OO - 30.74.2880.1 SEARCYt ALFREDO 884 72 27 .11 61.61 01/26/2005 54.09 - 30. 74~271 8.2 SELLS, DAVID 1 04~34 61 .53 42.81 0211 7/2005 80.88 ~ 23.01 .3342.4 S EMCHrSH I N, ALEX 56.46 22~59 33.87 01/26/2005 33.87 ... 34.34.6334.2 S EM MELROTH ~ A~ & J ENKI NS~ 0 24.58 24~O1 457 35435.2392.2 SEMMERt CHAD & MARY 61.72 32.74 28498 01/19/2005 79 ~54 - 35464.2028.2 SEXTON, MARY 120.91 31.53 46457 42.81 01 11 8/2005 80~33 - 30474.2632.5 SHANNON, CHRISTI N E 35.40 17.70 17 . 70 30430~6240.2 SHAW. KELLY 113.72 55.15 58.57 02116/2005 120.09 - 304 7 4~3370.3 SHAY, PAUL & JOYCE 55r06 19.66 17 . 70 17.70 12/23/2004 37.16 - 30.74~3570.3 SHAY, PAUL & JOYCE 56.86 17.70 17 ~ 70 21 ~46 12/23/2004 38.14 - 36.65.3092.7 SHELLEY, RALPH & DIXIE 94.46 44~O2 32.74 17~70 12/21/2004 38.36 w 22.5043780.2 SHELLEY,DIXIE & R. KENT 76.02 40.73 35.29 01/31/2005 51.35 - 30.74.3242. 1 SHELTRON. ROGER 78~ 78 29466 49~ 12 01/24/2005 49L 12 - 22.50.1902.2 SHELTROWN, ROGER & BONNJI 69.80 60~66 9.14 02/16/2005 83.96 - 30.74.3960.1 SHERARD, BJLL 65.77 25.15 40.62 02/15/2005 45.00 - 24.04.161843 S HlM ELr RYAN & SARAH 54.46 54.09 .37 02125/2005 65400 - 24.04.1878.3 SHrRLEY~ GARRY 78.1 0 35.29 42~81 02115/2005 39.05 - *** in Msg column indicates no Notice is to be sent ( (.... .. \~ CITY OF M ERrOJAN Delinquent Account List- council Page: 11 Standard Payment Customers Mar 15. 2005 02:59pm Current Period: 03/20/2005 No Delinquent Minimum AmountOelinquent Balance Last Pmt Lasl Pmt Cust No Name Balance Non-Delinq 01/20/2005 1 2120/2004 11/20/2004 Date Amount 22~51.0930.2 SHOBE. MONTY & CAROL 68. 14 35.40 32.74 01/19/2005 61~72 - 22. 50.02g2~ 1 SHOEMAKER, TAMI 52. 78 38.1 0 14.68 09/14/2004 1 00.00 .. 2540940058.1 SHUR-LUCK HOMES 91.16 17 . 70 17. 70 17470 38.06 25.09.0006~ 1 SHUR-LUCK HOMES 68.92 1 7.70 1 7.70 17.70 15482 25.09.0002.1 SHURwLUCK HOMES 68.92 17.70 17. 70 17.70 15.82 24.03.0292.1 SHURTZt ROD ..134~37 57~85 76.52 0211612005 125.00 - 30. 7 4~309641 SIGMONDt SERGIO 1 0 7 ~ 44 57.11 50.33 02/16/2005 1 63r05 - 22~504 1920.5 SILVEYt BRYAN 76.02 36.97 39.05 01 127/2005 69.60 - 36.6941140.1 51 MMONS, JAY 62.16 61.61 .55 03/0712005 61406 M 23.01.2250.2 SIMON, BRADY 85~82 39. 16 46.66 03/14/2005 50.00 M 30. 74L2506~3 SIMPSONI KENNETH & AMY 126.60 79412 4 7 ~ 48 02116/2005 120.00 - 24404.1302.1 5lMSt ELLEN 45~ 11 25.22 19.89 02108/2005 264 79 - 22451.4034.1 SKINN ER1 KEN 42.64 21 ~ 18 21.46 01/31/2005 69.16 - 23.0243962.4 SLENDER. LEONARD & BOSWEI 46.68 21 ~46 25~22 01/26/2005 29.92.. I 30~ 7441 05a~2 SL YTER, GORD0N 76~ 76 36.50 40.26 02114/2005 90~82 ~ 30.74.1118~2 SL YTER~ GORDON 133.58 47~78 47~ 78 38402 03/07/2005 50 ~ 00 - 304 74.1 050~ 1 SMJTHt CARSON 35.40 17.70 17.70 01/1 0/2005 46.52 - 35435.1210.3 SMJTH. GREGORY J 69~24 28.98 40.26 01 J28/2005 78.56 .. 22~ 51 .0498.2 SMITH ~ KARL 312~ 70 308.13 4.57 20.46.0380.4 SMITH, KYLE 11 0.70 50.44 60.26 0210912005 60.74 M 23.024 1700.2 SMITH, LEON & JAN r CE 105.90 54.36 51 .54 01/24/2005 44r02 - 22~50.0012.1 SMITH, PAUL H. 84~ 16 40~ 14 44~ 02 02109/2005 32.80 - 22.51.3090.3 SOL T AUi CYRI L 9 7 ~ 94 4B~50 49.44 02115/2005 45~68 ~ 32.32.4822.3 SOMAZZI t ROGER & J ENNJ FER 79.71 42.81 36.90 03/09/2005 60.00 .. 24403.0836.3 SOSA~ JOSEPH 46.50 36.50 1 O~OO 03/01/2005 44.02 - 23.02.0900.2 SOUZA, JR., WI LLIAM 124.62 46.84 77.78 01/25/2005 , 22.74 - 32.32~4370 .2 STADTLER, CHARLrE & LAURA 39.50 21 .46 18.04 23.02.1830.2 ST AN$ ELL, KATHY 56.56 34.19 22.37 02/2212005 40400 ~ 30.30~6334.2 STEELEt STEVEN & DEBSI E 121 ~ 75 28~O9 46.57 46.57 .52 01119/2005 124.00 - 30.30.626B~ 1 STETSON HOMES 40~50 20~25 20.25 03/01/2005 20.25 - 22.51.2801.1 STEVEN HILL 35.40 17 . 70 1 7 . 70 0.1/26/2005 14.95 ~ 30~ 74.3470.3 STOCKTON r JASON & J ENNI FEF 75.86 20.64 55~22 01/21/2005 81 ~72 - 30.7442994.2 STOKESBERRY~COREY B 1.82 36.33 45~49 0212212005 45.49 .. 22.5044482.3 STONEt HAROLD 75.66 39.16 36.50 01/19/2005 1 05~26 .. 22~5140938~5 STRATE. EUGENE 64~ 1 2 42.20 21.92 02108/2005 5g~82 .. 23.01.1170.2 STRA TEt EUGENE & CARYN 55.39 50~82 4.57 22~50.457a .2 STRA TEt EUGENE & CARYN 25~ 75 21.18 4.57 23~23.0002.1 STUBBLEFIELD DEVELOPMENT 386.09 336.09 50.00 03/14/2005 25.00 - 45~ 20~08044 2 S ULLIV AN. MICHAEL & OTILLO 24.32 21 .46 2.86 234 02.1670~ 1 SWENSONt MILDRED 112.30 34.24 28~80 28480 20.46 11/2412004 23.40 .... 23402. 1730.2 T & T INC 208.68 117.46 91 .22 02125/2005 98~ 74 - 36.69.0484.6 T ADEVI Ct TOM 244.99 61 ~61 87 ~93 95.45 01/21/2005 66~35 .. 33~40.0002.1 T81 D-MOB 1-SL.LLC 407 ~5B 284.1 0 49~ 98 73.50 02128/2005 49.98 ~ 20.4740052.4 TENNANT1 ROBERT & CONNlE 117~18 54.36 62~B2 02103/2005 115.86 - 23~O2.1190.1 TERRELL. A 143.95 32.62 111 ~33 02122/2005 35.00 ~ 22.50414 76~ 1 THE DEN 225.48 80~64 76.18 68.66 12/16/2004 7 ~55 ~ 29.5740104.1 THE PERFECT CUP 37469 11431 15.07 11.31 02109/2005 30 ~ 14 ~ 22.50.1860 ~ 1 THE PODIATRY SLDG 52.16 26~Oa 26.08 01/26/2005 26. 08 ~ 20.43.421 0 ~ 1 THE RAM 251468 160.96 90. 72 01/18/2005 8438 .. 23.02.2550.7 THOMASt DREW 11 0.04 21 .46 25.22 25~22 38.14 12/15/2004 35~ 15 M 36.69.0728.1 THOMAS1 POLZI N 60.42 36r50 23.92 01/04/2005 88.36 - 22.51.117243 THOMASMNDERSONPARTNER 18.86 7.55 11.31 01/14/2005 35.54 M 22.50.0350.1 THOMASSON, DAVID C 78.48 52.40 26408 01/18/2005 55.00 - 23402.4030.1 THOMSON~ LEROY 83. 18 17470 32~ 74 32.74 12/22/2004 50.40 - 25409.0052.1 THORNTON~ DON 97~34 17. 70 17.70 17.70 44.24 *** in M s9 column indicates no Notice is to be sent \.~ { .. ~ CITY OF M ERI DrAN Delinquent Account List- council Page: 12 Standard Payment Customers Mar 15. 2005 03~OOpm Current Period: 03/2012005 No Delinquent Minimum AmountDelinquent Balance Last Pmt Last Pmt Cust No Name Balance Non-Delinq 01 120/2005 12/20/2004 11/20/2004 Date Amount 35.3545026r2 THORNTON ~ NI KKJ 30~OO 30 ~ 00 02125/2005 32.74 M 46446.6246.2 THRONEBERRYt BRIAN & KATH 93. 14 42.81 50.33 03/01/2005 46~ 16 - 23.02.2200~3 TODD ~ RI CK 94.34 32.62 32.74 28.98 01/28/2005 31 ~76 - 35.35.0423~2 TOMASZEWSKI, HELENE 80.52 36~50 44~ 02 02115/2005 36450 - 35 ~ 35.3078.4 TOMLINSONt JOSHUA 93.08 32.74 44402 16~32 36.69.0314.2 TOTMAN, JERRY..: 54~20 25.22 28.98 02101/2005 25r22 -~ . 33~33.9114. 1 TOUCHMARK 48.02 24~O 1 20.25 3~76 03/01/2005 20.25 - 33.33~ 9112.1 TOUCHMARK 44.26 24.01 20.25 03/01/2005 20425 ~ 33.33. 911 O~ 1 TOUCHMARK 44~26 24401 20~ 25 03/01/2005 20.25 - 33.33.9056.1 TOUCHMARK CONSTRUCTION 55.54 27 ~ 77 27.77 03/01/2005 31 .53 - 33.33.9020.1 TOUCHMARK CONSTRUCTJ ON 63.06 31.53 31.53 03/0112005 35.29 - 37. 37 ~3958.3 TRAI L. CHARLES 28.04 21 .46 6~58 12/23/2004 79 .22 ~ 22. 50. 3812~ 1 . TREGELLAS ~ MARK 111 . 62 56.32 55~30 02115/2005 85.10". 24. 04~ 0918 ~4 TUCKETT. QUETON & COLLEEN 53.38 32.74 20.64 01/04/2005 71.08 - 30. 7 4~ 23a6~2 TUPPERt PAXTON & APRIL 1 75.86 87493 87~93 02122/2005 123.38 - 22.50.3824~ 1 TURNBOUGHt JAKE & WENDY 69494 33444 36.50 02108/2005 28~98 - 22.50.4522.1 UGARRIZAt SHELBY 69~48 34.19 35.29 02/1 0/2005 24.01 - 22.50.0088.7 ULM ER. JEFFREY 56.58 21418 17.70 17 . 70 01/07/2005 37.16 - 23~01.0860.3 VAN BRAGTt WILLY 59~ 18 42.1 0 17 . 08 02109/2005 40~OO .. 25.25.1088.2 V AND EVENTER. DARREL · 73~OO 40.26 32.74 01/24/2005 30.1 0 - 24~ 04. 1980.4 VENAGLJA. JOHN 78.1 0 39~O5 39.05 01/18/2005 50.33 - 24403.0030.2 VERHEfJENt ERI C & CHRISTI E 54.01 24.01 30.00 0211 0/2005 35.29 .. 22~50.0136.3 VJCTORY~ CHRIS 1 03492 83.67 20 ~ 25 01/14/2005 82~88 .. 23.02~ 1860.3 VICTORYt CHRISTOPHER 92451 29.45 27~ 77 35~29 01/26/2005 107.50 - 22.50.45a6~2 VICTORY t MICHAEL & YUN$UK 47.74 24.94 22.80 01/24/2005 80.00 411 23r02.455041 VfNCENT. TOMMY 101.16 57 ~ 14 44.02 02128/2005 43418 - 22~51.3094~2 VNUK, JOHN 60r82 33.30 26.88 .64 02/01/2005 50.00 - 23.02.1430.4 WADDOUPS, DOROTHY 65~O4 25.92 25.22 13.90 01/19/2005 60.00 - 23.01 .2310.2 W ALKERt 8 ETTE 131.11 61 .65 61.61 7485 03115/2005 40.00 - 20446.0860.2 WALMER. TAMMY JO 41.67 38.93 2.74 03/07/2005 40.00 - 23401.3340~ 1 WALSH. RON 136.52 136.52 30.74.2540.2 WAL THALL, TRAVIS & TINA 44429 35.29 9.00 02/28/2005 30.05 · 23.01 .0460.3 WARDLE. JOHN & CHERYL 173~50 1 0341 2 70.38 01/11/2005 804 78 - 20~4640540.3 WARNER. DENNIS & NlCOLE 75~66 39416 36.50 01/27/2005 32.74 - 21.48~2651.1 WATER WORKS CAR WASH INC 3~48 3~48 12/14/2004 63~26 - 22.51.3198.3 WEAST, WESLEY 126~ 12 57.96 68.16 02115/2005 65.00 - 22.51.3310.2 WEBB, MICHAEL 89~OO 43.88 45r 12 02115/2005 50.00 ~ 23~02.1350.2 WEB ER, JOHN J 63.40 34.42 28.98 01/18/2005 72.84 -, 24~04.229B.1 WE1GHTt RICHARD 54.20 25~22 28.98 02108/2005 25.22 - 36.69.1658.1 WEIGLE. THOMAS & ANNETTE 132.06 40.26 44~O2 47478 12128/2004 44.02 - 23.02.5580.1 WELBORN~ KENNETH 89.26 46.45 42~81 01/19/2005 774 12 · 23401.3300.2 WELCHt LEE 112.67 112.07 ~60 03/14/2005 157419 - 22.51.3770.2 WERNER. DALE & SUSAN 64.65 60.08 4~57 23.01.1110.2 WESTt JONI 72.88 40. 14 32.74 02/1 7/2005 55.18 - 22.50.2434.2 WESTEN HA VERt NAN ETTE 42.43 40. 14 2~29 36~36.1 082.1 WESTMINSTER HOMES 34473 26435 8.38 01/25/2005 6.42 - 22.50r23B4~4 WHITE, SHAINE 69412 40414 28.98 01/14/2005 56.38 · 30~ 7 4. 3204~ 1 WHITE, TAWNYA 49.98 22.21 27.77 02107/2005 55.54 · 30. 74.0064~2 WHITSITT, JOSEPH 1 00.58 66~58 34.00 02114/2005 100.00 - 35~3540097.2 WHITTED. NEll & CHRISTJNE 76.76 44.02 32.74 02111/2005 75.78 - 30.74.3708.3 WILBURN. STEVEN 97.82 55.15 42.67 02116/2005 110.00 .. 22.51.4230.1 WrLLIAMS, ELIZABETH 54r20 25.22 28.98 01/12/2005 28~9a .. 22.20~ 0090.2 WI LLIAMS, MARY 63.56 45.86 17 . 70 02108/2005 37.52 .. 46.46.709442 WilliAMS, $HAMBRrc & DONNJ 43.81 42.81 1~OO 03/01/2005 45.57 M 23.23.3988.2 WILSONt CLINTON 102.50 52.17 50.33 02108/2005 42.81 ~ ...** in Msg column indicates no Notice is to be sent ( ( CITY OF MERlDJAN Definquent Account List.. cou ncil Page: 13 Standard Payment Customers Mar 1St 2005 03:00pm Current Period: 03/20/2005 No Delinquent Minimum AmountDelinquent Balance Last Pmt Last Pmt Cust No Name Balance Non-Delinq 01/20/2005 12/20/2004 11/20/2004 Date Amount 30~ 7440356.1 WILSONt DEANA 119.46 50.33 6g~ 13 02/1 0/2005 61 ~61 ... 25405.0416.2 WI LSON. DON & JAN 81 ~a6 35~2g 46.57 01/18/2005 93437 - 25.25.9984.2 WJLSONt JOE & AMY 36.76 36.50 L26 03/15/2005 40400 · 23.02~2714.4 WILSON t RICHARD 54.90 29468 25.22 01/26/2005 25.22 - 24~04~ 1584. 1 WIND ~ JOHN 91.80 40.26 51 ~ 54 01/18/2005 93~60 - 29.074088042 WINKLER. GREG 68.58 32.74 35 ~ 84 02115/2005 65.00 - 22.50~2302~ 1 WI NTERTON t DARI N 76~64 36.38 40~26 01119/2005 584 78 ~ 30474.0094.4 WINWOODJ RANDY & CATHLEEf 170.66 1 01 .62 69.04 03/10/2005 20.00 .... 20.47.1204.2 WIXSONt RYAN 90.55 57. 73 32+82 03/07/2005 55.00 .. 22.50.2426.1 WYATTt SAMUAL 135~ga 54.36 81 .62 01/31/2005 45~ 72 PK 24.03.0412.4 WYMAN1 DUSTINE 130.74 87.93 42.81 03/01/2005 46~57 - 30.74.0338~ 1 YEAG ERt ROD ERICK Sr 33.06 27.77 5~29 03/08/2005 30.00 - 30.74.0372.3 YELTONt LAURA 11 O~52 32.74 77.78 01/19/2005 86.90 - 23.02.0680.1 YOUNG. AUSTIN L 81 ~42 36~g5 44.47 02104/2005 75.70 - 23.02.0650.2 YOUNG, AUSTIN L 71.46 70 ~ 71 .75 03/14/2005 55.00 - 23402.0670.1 YOUNG. AUSTI N L 70.14 29.43 40.71 02115/2005 36.95 ... 32432.4062.2 YOUNG1 DAVID & RHONDA 76~ 14 35~29. 39.05 1.80 02/11/2005 37.25 - 30.74.3586.2 YOUNG1 FRED 62~40 27.11 35.29 01/24/2005 35~29 - 24.04.1868.2 YU, BEN & KAREN 139.58 44~O2 51 ~54 44.02 12/14/2004 49.58 - 32.32.4752.2 ZADZORA, TIMOTHY & ROBIN 39.16 21 .46 17.70 02116/2005 21 .46 - 22~50.3784.1 ZA.VALA~ JOSE 113.90 77.66 36.24 0211712005 63.00 - 24.04.2284.2 ZEDWICK. PHI LP & 0 EB RA 1 08~ 18 50.33 57.85 01/31/2005 50.33 ~ 22.51.311 O~2 ZEI MER, DALLEN E 62~50 30 ~52 31.98 03/09/2005 45.68 - Grand Totals: 68107 8~80 31 ,542. 1 7 28t 109.05 3t903.87 4t523.71 Report Criteria: Terminated customers not included Customer. Cust No () = {<) 880000001 Customer.Bill Cycle = 1 *** in Msg colu mn indicates no Notice is to be sent c:. ADA COUNTY RECORDER J~ DAVID NAVARRO AMOUNT tOO 24 BOISE IDAHO 03131/05 04:06 PM DEPUTY Bonnie OberbiUig 1111111111111111111111111111111111111 RECORDED-REQUEST OF 1051338562 Meridian City DEVELOPMENT AGREEMENT PARTIES: 1. 2~ City of Meridian Don Burton, Owner THIS DEVELOPMENT AGREEMENT (this "Agreeluent"), is made and entered into tllis /5'-(3 day of /htlrt.vfv ,2005, by and between CITY OF MERID IAN, a mUllicipal corporation of the State of Idaho, hereafter called "CITY' , and Don Burton, dba Kinetico Quality Systelns, hereinafter called "OWNER", 1 ~ RECITALS: 1.] WHEREAS, "OWNER" is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A for eacll owner, which is attaclled hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the "Property"; and 1.2 WHEREAS, I.e. S 67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the "Owner" tnalce a written commitment concerning the use or development of the subject "Property"; and 1.3 WHEREAS, "City" l1as exercised its statutory autllority by tIle enactment of Ordinance 1 ] -15-12 and 11-16-4 A, which authorizes development agreelnents upon the annexation and/or re-zoning of land; and 1. ~4 WHEREAS, "Owner" has submitted an application for annexation and zoning of the "Property's" described in Exhibit A, and has requested a designation of (C-C) Community Business District, (Municipal Code of the City of Meridian); and 1.5 WHEREAS, "Owner" made representatio.ns at tIle .public hearings both before the Meridian Planning & Zoning Commission and before tIle Meridian City Council, as to how the subject "Property" will be developed and what improvements will be .made; and DEVELOPMENT AGREEMENT CRZ-04-0 18) KINETICO QUALITY SYSTE.MS PAGE "1 OF 10 (..... /.:.-~.. . (.. .. 1 ~6 WHEREAS, record of tIle proceedings for the requested re-zoning designation of the subject "Propel1y" held before the Planning & Zoning Commission, al1d su.bsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian plalUlingjurisdiction, and received fuliller testimony and cOffilnent; and 1 ~ 7 WHEREAS, City Council, the 1st day of February, 2005, has approved certain Findings of Fact and Conclusions of Law and Decision and Order, set forth in Exhibit B, which are attached .hereto and by this reference incorporated herein as if set forth in full, :hereinafter referred to as (the "Findings"); and 1.8 WHEREAS, the .Findings require tIle "Owner" to enter into a development agreelnent before the City Council takes final action on fe-zoning designation; and 1.9 "OWNER" deems it to be in its best interest to .be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and requests; and 1 ~9 WHEREAS, "City" requires the "Owner" to enter into a development agreement for the purpose of ensuring that the "Property" is developed and the subsequent use of tIle "Property" is in accordance with the terms and conditions of this development agreement, herein being establisl1ed as a result of evidence received by the "City" in the proceedi.ngs for re-zoning designation from government subdivisions providing services witllin the planning jurisdiction and from affected property owners and to ensure re- zoning designation is in accordance witll the amended Comprehensive .Plan of the City of Meridian adopted August 6, 2002, Resolution No~ 02-382, and the Zoning and Development Ordinances codified in Meridian City Code Title 11 and Title 12~ NOW, THEREFORE, in consideration of the covenants and conditions set forth hereIn, the parties agree as follows: 2~ INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. DEVELOPMENT AGREEMENT (RZ-04-018) KINETICO QUALITY SYSTEMS PAG.E 2 OF 10 .;,:.~..... . ~ I~ .- 1~..: 3. DEFINITIONS: For all purposes of this Agreelnent the following words, terms, and phrases herein contained in tllis section shall be defil1ed and interpreted as herein provided for, unless the clear context of the .presentation of the same requires otherwise: 3~1 "CITY": means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, orgallized and existing by virtue of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 "OWNER": means al1d refers to Don Burton whose address is 544 West Cherry Lane, Meridian, Idaho 83642, the party developing said "Property" and. shall include any subsequent owner(s)/developer(s) of the "Property". 3~3 "PROPERTY": means and refers to that certain parcel(s) of "Property" located in the County of Ada, City of Meridian as described ill Exhibit A describing the parcels to be re-zoned C-C (Community Business District) attached hereto and by this reference il1corporated herein as if set forth at length. 4. USES PERMITTED BY T.HIS AGREEMENT: 4~ 1 The uses allowed pursuant to t11is Agreelnent are only tllose uses allowed under "Ci ty' s" Zoning Ordinance codified at Meridian City Code Section 11-7-2 (C) which are herein specified as follows: Re-zolling of an existing residelltial structllre located at 544 West Clterry Lane, Meridian, Idaho to C-C (Conlnlercial COlllnlllnity Business) w/ticlt allows for light retail business of Kinetico Quality Wate]" of Treasure Valley. 4.2 N.o change in the uses specified in this Agreement shall be allowed without modification of this Agreement 5. CONDITIONS GOVERNING RE-ZONE: DEVELOPMENT AGREEMENT (RZ-04-0 18) KINETICO QUALITY SYSTEMS PAGE 3 OF 10 ./...--. .. .. . .f f. ), 5 .1 Cross access to the parking lot to the east shall be provided in tile form of a stubbed asphalt drive. The owner shall provide a cross access easement to benefit the adjacent property. 5~2 The owner shall limit the hours of operation from 7:00 a.m. to 7:00 p.m. 5.3 The OWl1er shall work with the City to o.btain alternative compliance for the required landscape buffer along the north property line. 6. COMPLIANCE PERIOD/ CONSENT TO REZONE: This Agreement and the commitments contained herein shall be tenninated, and. the zoning designation reversed., upon a default of the "Owner" or "Owners" heirs, successors, assigns, to cOlnply with Section 5 entitled "Conditions Governing Re-Zone" ofsubject "Property" of this agreement within two years of the date this Agreement is effective, and after the "City" has complied with the .notice and hearing procedures as outlin.ed in I.e. ~ 67-6509, or any subsequ.ent amendments or recodifications thereof 7. CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: "Owner" consent upon default to the reversal of the zoning designation of the "Property" subject to and conditioned upon the following conditio.os precedent to-wit: 7~ 1 That the "City" provide written notice of any failure to comply with this Agreement to "Owner" and if the "Owner" fails to cure such failure within six (6) months of su.ch notice. 8~ INSPECTION: "Owner" shall, immediately upon completion of any portion or the entirety of said develop.ment of the "Property" as required by this agreement or by City ordinance or policy, notify the City Engineer and request tIle City Engineer's inspections and written approval of such completed ilnprovements or portion thereofin accordance with the tenns and conditions of this Development Agreement and all other ordinances of the "City" that ap.ply to said Development 9. DEFAULT: 9 .1 In the event "Owner", "Owner's" heirs, successors, aSSigI1S, or subsequent owners of the "Pro.perty" or any other person acquiring an interest in the "Property", fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the "Property", this Agreement luay be modified or terminated by the DEVELOPMENT AGREEMENT (RZ-04-0 18) KINETICO QUALITY SYSTEMS PAGE 4 OF 10 .f"" .. (.... .. ... . "City" upon compliance with the requirelnents of tlle Zoning Ordinance. 9.2 A waiver by "City" of any default by "Owner" of anyone or more of the covenants or conditions hereof shall ~pply solely to the breach and breaches waived al1d shall 110t bar any other rig.hts or remedies of "City" or apply to any subsequent breach of any suell or other covenants and co.nditions. 10. REQUIREMENT FOR RECORDATION: "City" shall record eitller a memorandum of this Agreement or this Agreement, including all of the Exhibits, at "Owner's" cost, and submit proof of such recording to "Owner", prior to the third reading of the Meridian Zoning Ordinance in connection with the re-zoning of tIle "Property" by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the "Property" co.ntemplated l1ereby, the "City" shall execute and. record an appropriate instrument of release of this Agreement. 11. ZONING: "City" shall, following recordation of tIle duly approved Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein. 12. REMEDIES: This Agreement shall be enforceable in any court of cOID.petent jurisdiction by either "City" or "Owner", or by any successor or successors in title or by the assigns of the parties hereto" Enforcement maybe sought by an appropriate action at law or in equity to secure the specific perfonnance of the covenants, agreements, conditions, and obligations contained l1erein. 12" 1 In the event of a material breach of this Agreemel1t, the parties agree that "City" and "Owner" 811a11 have thirty (30) days after delivery of notice of said breach to correct tIle same prior to the .non-breaching party's seeking of any remedy .provided for herein; provided, however, t11at in the case of any such default which cannot with diligence.be cured within such thirty (30) day period, ift11edefaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for sue11 period as may be necessary to complete the curing of the same with diligence and continuity. 12.2 In the event the performance of any covenant to be performed hereunder by either "Ow.nef" or "City" is delayed for causes Wl1ich are beyond tIle reasonable control of the party responsible for suell DEVELOPMENT AGREEMENT (RZ-04-0 18) KINETICO QUALITY SYSTEMS PAGE 5 OF 10 (~... (/'..-..... perfOlmance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such .performance shall be extended by the amount of time of suell delay. 13~ SURETY OF PERFORMANCE: Th.e "City" may also require surety bonds, irrevocable letters of credit, cash deposits, certified clleck or negotiable bonds, as allowed under Meridian City Code 912-5-3, to insure that installation of the itnprovements, whiell the "Owner" agrees to provide, if required by the "City"~ 14~ CERTIFICATE OF OCCUPANCY: The "Owner" agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the "City" and "Owner" have entered into an addendum agreement stating wIlen the iluprovements will be cOlnpleted in a phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, cOlnpleted, and accepted .by the "City". 15. ABIDE BY ALL CITY ORDINANCES: That "Owner" agrees to abide by all ordinances of the City of Meridian and the "Property" shall be subject to de-annexation if the owner or his assigns, heirs, or successors shall .not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridial1~ 16. NOTICES: Any notice desired by the parties and/or required by this Agreemel1t shall be deemed delivered if and when personally delivered ortlrree (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: OWNER: c/o City Engineer City of Meridian 33 E~ Idaho Ave. Meridian, ID 83642 Don B.urton I<inetico Quality Systems 544 West Cherry Lane Meridian, Idaho 83642 with copy to: City Clerk City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 DEVELOPMENT AGREEMENT (RZ-04-0 18) KINETICO QUALITY SYSTEMS PAGE 6 OF 10 ./~~'''''' , t< 16.1 A party shall have the right to change its address by deliveling to the other party a written notification thereof ill accordance with the requirements of this section. 17. ATTORNEY .FEES: Should any litigation be commenced betwee.n the parties l1ereto concemil1g this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs alld reasonable attorney's fees as detennined by a Court of competent jurisdiction~ This provision shall be deelned to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 18. TIME IS OF THE ESSENCE: The parties hereto aclmowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof: and that the failure to timely perform any of the obligations l1ereunder shall COllstitute a breach of and a default under this Agreement by the other party so failing to perform. 19. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respecti ve heirs, successors, assigns and personal representatives, including "City's" corporate authorities and their successors in office~ This Agreelnent shall be binding on the "Owner" of the "Property", eacll subsequent owner and any other person acquiring an interest in the "Property". Nothing herein sIlall in any way prevent sale or alienation of the "Property", or portions thereo( except that any sale or alienation shall be subject to the provisions 11ereof and any successor owner or owners shall be both benefited and bound by tIle conditions and restrictions llerein expressed~ "City" agrees, upon written request of "Owner", to execute appropriate an.d recordable evidence of termination of this Agreement if"City", in its sole and reasonable discretion, had determined that "Owner" l1as fully performed its obligations u.nder this Agreement. 20. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competentjurisdictio.n, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "Ow.ner" and "City" relative to the subject matter hereof, and there are no promises, agreelnents, conditions or understanding, either oral or written, express or implied, between "Owner" and "City", other than as are stated herein~ Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding ~pon the parties hereto unless reduced to wliting and signed by them or their successors in interest or their assigns, and pursuant, with respect to "City", to a duly adopted ordinance or resolution of "City". .DEVELOPMENT AGREEMENT (RZ-04-0 18) KINETICO QUALITY SYSTEMS PAGE 7 OF 10 /.....:.... . I t 21.1 No condition governing the uses and/or conditions governing re-zoning of the subject "Property" herein provided for can be modified or amended without the approval of the City Council after the "City" has conducted .public llearing(s) in accordance witll the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DA T.E OF AGREEMENT: This Agreement shall be effective on the date tIle Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of tIle "Property" and execution of the Mayor and City Clerk. DEVELOPMENT AGREEMENT (RZ-04-0 18) KlNETICO QUALITY SYSTEMS PAGE 8 OF 10 (" .. .. . -:~~~.. . . ~/- l\: :....... 23~ ACKNOWLEDGEMENTS: IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER - .KINETICO QUALITY SYSTEMS: CITY OF .MERIDIAN Attest: STATE OF IDAHO ) ; ss COUNTY OF ADA ) On this ;'t;f"- dayof //!/lrc,[ , in the year 2005, before me, a Notary Public, personally appeared. DON BURTON known or identified to me to be the p-erson who executed tIle instrument and acknowledged to me that he have executed the same. ".,..... ...,.... .,.,-' ....1. .le B l ""~ ~ .. .......1..'" :t"... ~.... \P' .........~ ""...1_ , ~.. e..~ ~ :~/NOT .,.~\ .. ;IIf" . ...g: ~ ...,..... (SEAL) E I ..... ~ i 5 jNota Public for Idaho : -&./:i : = .. · . ell ~ tfJ3. .. itBL I C l*": J Re dIng at: JJ1l?ri I t;. 1- ~ ~ · . ~ J ~ 7 e;. .. ~ t DEVELOPM~i!'~Att~~tiT ~-04-018) K~ lea QUALITY SYSTEMS PAG.E 9 OF 10 "". . (j f-l IDt:.~ ..,~' .~~ ......" ....,1.111" I~~. .. (" COffilnissiol1 expires: STATE OF IDAHO ) : ss County of Ada ) On this ;2.q-H'\. day of f1t\.fCl- , in the year 2005, before me, a Notary Public, personally appeared Tammy de Weerd and William G~ Berg, Jr~, know or identified to me to he the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same~ (SEAL) I....I.....'.~ t.'. ~ L ~" ~CP · BAt: $~#fI ",~_:.--a.... J'".r '" - ~ , 00 ? ~ ~ OTA ~ ~ : " Itl ~l :. ... "'" {) . : * ......... ~ * : : : : \ e fll1BL'\C: S " <F~ c;" ."0 i ~ ..r~ "'~ 00 ...'\..... ~ "'. ...~.. (. '" if...... 0 h.. """<.... ~.. 4+.. ~Jj' 0 F l~ lY ~..,~ .....,. ".., Alb. k. 8 ""., . (.. ~;It~ No(ary P blic for Idallo Rksidi gat: fill e/~}J; 1ftA.. I 1. . ~Q:1.mission ex.pires: tJq' ~o /07 / I DEVELOPMENT AGREEMENT (RZ-04-0 18) PAGE 10 OF 10 t--,:..:..'Evhibi+ A ' 1/~~~'~ .. \.. TF !1. n F~79~ l- #~R ~~1 F1 i1 H=~~ U= t: ~ ~ ~ 1J-t. 3 ~l! LJ SURVEYING ~~ lO(~:-C ~i~ 250~~ Bogus Basin Rd. 0 BOlse, Idaho 83702 (208) 385-0636 Fax (208) 385~0696 Project. No.: 2805 Date: November 91 2004 DESCRIPTION FOR PHILLIPS PROPERTY A parcel of land being a portion 'of the SW 1/4 of the SE 1/4 of Section 1 ~ T.3f\ja: R.1W.: B.M~~ Meridian, Ada County, 'daho~ as shown on Record of Survey No. , filed for record in the office of the Ada County Recorderl Bojse~ Idaho under Instrument No. and more particularly described as foHows: Commencing at brass cap marking the South 1/4 corner of said Section 1; thence along the South boundary of said Section 1 South 89051 'Don East 526.20 feet to a point; thence North 04010i18u West 40.11 feet to an iron pin on the North right-of-way line of West Cherry Lane, said point being the POINT OF BEGINNING; thence continuing North 04010'18" West 182.46 feet to an iron pin on the South boundary of Meridian Manor No. 1 Subdivision) as filed for record in the office of the Ada County Recorder~ Boise, Idaho in Book 33 of Plats at page 1989; thence along said South boundary South 89051 foon East 160957 feet to an iron pin marking the Southeast corner of said Meridian Manor No.1 Subdivision, said point being on the West boundary of Tedi Subdiv~sioni as filed for record in the office of the Ada County Recorder, Boisel Idaho in Book 35 of Plats at page 3022; thence along said West boundary South 01 027'00 East 182.01 feet to an iron pin on said North right-of-way line of West Cherry lane; thence along said North right-of-way line North 89051100" West 151991 teet to the POINT OF BEGINNING, Said parcel of land confains 0.653 acre, more or less. .~\()\I {j 5 20011 \\~c:oID~AN PUBLiC . ~~j~JR}{3 DEfYT< C;1Dccur.l~nt:l arid Se!Hn9s~coxU\1y DClCUmetltS\wOr(hda3\2605-dsS+doc ~ Jac \ Exh\t>if B' f..'~...... (\...... CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of a request to Rezone 0.74 acres from L-O (Limited Office) to C-C (Community Business), by Irma Jean Phillips. Case No(s): RZ-04~018 For the City Council Hearing Date of: January 18, 2005 A. Findings of Fact I. Hearing Facts a. A notice of a public hearing was published for two (2) consecutive weeks prior to the City Council public hearing, the first publication appearing and written notice mailed to property owners or'purchasers of record within three hundred feet (300') of the external boundaries of the property~ The notice of public hearing before the City Council was posted upon the property under consideration more than one week before said hearing. All other noticing was done consistent with Idaho Code. 967- 6509. The matter was duly considered by the City Council at the January 18, 2005, public hearing(s)~ The applicant, affected property owners, and :govemment subdivisions providing services within the planning jurisdiction of the City of Meridian were given full opportunity to express comments and submit evidence~ b. Written and oral testimony was received on this matter, as reflected in the records of the City Clerk (for written testiInony) and in the official meeting minutes (for oral testimony) I c.. The Planning ~d Zoning Commission conducted a p:ublic 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 ~67-6509J 6512, and Meridian City Code ~9 11-15-5 and 11-17-5 as @videnced 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 MERI.DIAN FJNDINGS Of FACT, CONCLUSIONS OF LA W AND DECISION & ORDER CASE NO(S)o R.z..04-018 - PAGE lof4 /.....~..... . \..... '-... : I'~": :' (<:...::. .. 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 is Irma J ena Phillips. 4. Required Findings per Zoning and Subdivision Ordinance a. See Exhibit C for the findings required for this application. B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the ".Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (LC. ~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 COlUlcil pursuant to Meridian City Cod.e ~ 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, A 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 Warks Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description in Exhibit A, the Site Plan dated September 2004 as shown in Exhibit B and the Site Specific and Standard Comments in Exhibit C. The conditions are concluded to be reasonable and ~he applicant shall meet such requirements as a condition of approval of the application. c. Decision and Order Pursuant..to the City Council~s authority as provided in Meridian. City Code ~ 12-3-5 and · based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: l~ The Site Specific and Standard Conunents are as shown in Exhibit B. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AN.O DECISION & ORDER CASE NOeS). RZ-04-018 - PAGE 2 of4 , i l\ . /r.<-... / . \. . E.. Notice afFinal Action and Right to Regulatory Takings Analysis I. The Applicant is hereby notified that pursuant to ldaho 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 fmal decision · .concerning the matter at issue.. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review maybe filed,. 2~ Please take notiee that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code ~ 67..6521 an affected person being a .person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code~ F ~. Exhibits Exhibit A: Legal Description Exhibit B: Site Specific and Standard Comments Exhibit C: Zo.ning ~endment Findings By action of the City Council at its regular meeting held on the ,~uPG: lS'.f? day of COUNCIL MEMBER SHAUN WARDLE VOTED' COUNCIL MEMBER CHRISTINE DONNELL VOT.ED · COUNCIL MEMBER CHARLIE ROUNTREE VOTED' ~ COUNCIL MEMBER KEITH BIRD VOTED . MAYOR TAMMYdeWEERD (TIE BREAKER) VOTED ------- CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S)~ RZ-04..018 .. PAGE 3 of4 (':-~..... AUest: and City Attorney. By:j u.uU City Clerk's Office Dated: 2 -l-cs CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S)_ RZ-04-0 18 - PAGE 4 Of 4 . /.. . . .. . . . . EXHIBIT A Klnetico Quality Systems RZ-04..018 Legal Description ."'" ., ..~~~. . :Ji I '.J : .TEALeY'S LAND S~~~ING ! j,p. ~ irfI 2501 Bogus Bosin Rd. .... Boltle, Idaho 837~ (.201) aSS-OStS. . Fa (208) ~O~98 I ; ~ -: i~. . .:.. ...:. :~..~ ~;.; ~:.it.:~~~: ~.:~ ~~~.~. ~.::~ ~~~~~.; ~ ~.~ ~.~.. ~.. :: .~. PrQjeGt No.; 2805 Olate; November S. 2004 DESCRIPTION fOR , · PHlWPS PROPERTY A parcet of 'and being 8. )3ortion 'of ttle SW 1/4 of the SE 1/4 of Section 1. T.3N., R.1W~t BJA.." MeRdJan,> Ada County. Idaho. as shown on A:rJ~rd of- Survey No. T J filed for reeorct In 81s office of the Ada County Re'Cbrcr.t Solse, ~daho under Instrument No. and more particutaTty deGO"bId .. fOl[ows: Commencfng at braSs cap marking the South 1/4 cXimer of said Sectfoo 1; thence arong the South bound8IY of said SectIon 1 South ~.51 .00. East 52 B.. 20 feet to a point; Dienes North 04010'181J West 40..11 feet to an Iron pin on tho .Hartl) flght...of...way line of Welt Chatty Lane. Sald paint beIng tne POINr OF BEGJNNl(\lQj thince contInuing North 04"1(JJ1 rr West "82~46 feet to an Iran pJn on 'tria Ekluft1 boundary of Meridian Manor No.. 1 SubclMs.fml, 8S filed for record In the _~ of the Ada Coonty RecOlder, Bolsl9, IdahtJ In l!oOk 33 of Plal$ at page 1689; then. afong ~ld So utI1 boundary South as-.fi1IOOU East 1-60.67 feet to an iron pln marking, the South&ast carner of saId Merldtan Manor NO.1 SubdMaion.l said point boloS Df1 the West bOlJlldary of Tedl S.ubdivlstont 88 fJled for'*oord P1.Jhft..ciffJco cf the Ada County R8Gdnfer. Sofae, Idaho in Book 35 of Phifs at pas. 3022; thence aloog aaJd West boundary South 01 ~roo Eaet ~01 feet to an Iron pin on sald Harth rfght<sf...way line of West Cherry 'ana; thtf1.C8 afGng eafd -North rl9ht.of-way Ilna . North 89Q5ffOo- Weet 161~91leet to the POINT OP BEGlNMNG~ Said parcel of land tontafns 0..653 acre, more-' or f9$s, I M~~\~ . y/ NOV IS ~ ~~r ... ~ C~ud~/_IAoc:."~ (/,n. . / ~., EXHmIT B Kinetico Quality Systems RZ-04--018 Site Specific and Standard Comments SITE SPECIFIC COMMENTS (Rezon~ 1.. The legal description submitted with the application is accurate and meets the requirements of the Gity of Meridian and State Tax Commission. 2.. All development on said property shall comply with Meridian City Code~ 3 .. "Prior to the annexation ordinance approval, a Development Agreement (OA) shall be entered into between the City of Meridian, property'owner (at th~ time of annexation ordinance adoption), and the developer4 The applicant shall contact the City AttomeYt Bill Nary, at 888-4433 to initiate this process. The DA shall incorporate the following: · Cross access to the parking lot to the east:shall be provided in the · fonn of a stubbed asphalt drive. The applicant shall also provide a cross access easement to benefit the adjacent property. · Limit the hours of operation from 7 a.m~ to 7 p.m. · The applicant shall work with the City to obtain alternative compliance for the required landscape buffer along the north property line. 4. A Certificate of Zoning Compliance (CZC) application. shall be submitted for approval prior to occupancy of the retail business. FIRE DEPARTMENT COMMENTS .1 ~ Final Approval of the fite hydrant locations shall be by the Meridian Fire Department. a4 Fire Hydrants shall have the 4 ~" outlet face the main street or parking lot aisle~ b. The Fire hydrant shall not face a s~eet 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 pafuted red 10' to each side of the hydrant location. e. Fire Hydrants shall be placed on comers. fit Fire hydrants shall not have any vertical obstructions to outlets within 10'~ I~~.' ( .. < . 2~ The phasing plan may require that any roadway greater than 150' in length that is not provided \vith an outlet shall be required to have an approved turn around" 3.. All entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius. .4. Pro.vide a 20' wide Fire Lane for all internal & external roadways. 5 ~ Operational fire hydrants and temporary or pennanent street signs are required before combustible construction begins~ 6. Fire lanes and streets shall have a vertical clearance of 13'6"" This includes mature landscaping. 7 .. Commercial and office occupancies will require a fire-flow co.ns'istent with the 11ltemational Fire Code to service the proposed project. Fire hydrants sha]~ be placed an average of 300' apart 8. The office/connnerciallot will have an unknown transient population and will have an unknown impact on Meridian Fire Department call volum~.. The Meridian Fire Department has experienced 2397 responses in the year 2003. According to a report completed by Fire & Emergency Services Consulting Group our.requests for service are projected to reach 2800 in the year 2005 and 3800 by the y~ 201 O. 9. Mai~tain a separation of 5' from the building to the dumpster enclosure~ I O. Provide a Knoxbox entry system for the complex. II" The first digit of the Aparbnent/Office Suite shall correspond to the floor level. _ 12. All portions of the buildings located on this project must be within ]50~ of a paved surface as measured around the perimeter of the buildinga 13. Provide exterior egress lighting as required by the International Building & Fire Codes~ 14. All Common driveways shall b'e straight or have a turning radius of 28' inside and 48' outside and shall have a clear driving surface which is 20' wide. 15.. Any chemical storage must comply with International Fire Code, Chapter 27 r · 16. Fire hydrants shall be no fwther than 400' from the most remote portions of the building~ SANITARY SERVICES COMMENT: 1. Please contact Bill Gregory at sse (888-3999) for detailed review of your proposal and submit stamped (approved) plans with your certificate of zoning compliance application~ <. ('. ACHD COMMENTS: DIstrict potJey f'8Qu~ 7..fool wJda attached (or 5..foot det.a.ChBd) ooncrmte sidewalk on all coUector roadways and arterial roadways (7204. 7~2), Cheny Lana currently has a tDtaJ of BO-feet of right"of...way (40-fest from csrrtsrfJne) and is improved wfth 5-traffic lanes with vertical curb. gutter and slde\valk abtJftfng the ~fte. Typlcalry. the District requires devufopmel1fs abutting an arterial roadway to dedicate "Noet Df right-of-way from the centerline pf tfna abuWng roadway.. Due 10 the fact that Cherry Uula is fully Improved' as a 5-Jane roadway with .curb. gtJttar and sidewalk Bnd is not anUcfpated to be wfdened In Ihe Mural the. a~pUr.snl should not be required to dedicate any additJonal right..of..waV or construct any addJttonaJ street Improvements en Charry Lana al this time. . 2. DrlVDWays . Dlstrlct tJQUcy 72-F5.. requfres drfveways located on coUectoror arterial roadways with a speed limit-of 35 to align or offset a mlnlmum of 15lMeat from any extsting or prQPOSC!d driVeway. . Dfsfrltt poltcy 120?49.3I'88bicts commercial driveways wUh daUy tramc vortJme& over 1.000 vehjdes 10 a IlliUdmum wldtIl of 3fUeet. Uoet commercial drivewaya wfU be constructed as ~Il~..wl type facilities. ff located on local streets" -CUrb return t)lpe dri'R3YlElYI with 15-toot radU wIll be feQ'lJired ro r 'driveYlays acceasfng aJlectQr and arterfaJ roadways. ; Gl8V9led driveways abulUng public afreeta create maintenaoce problGlms due to gravel baing tracked onto the roadway~ In accordance VIdfh Clrdrict poHcy_ 1207.9.1, the 8pp1fcanl should.be requfred to ~ave tile driveway Its full width end at least 304eet into the site beyond the edge of pavement of the roadvlay and lnalaJi PEi\t8ment f.ap(n with 15400t radii abutting the mdtdlng roadway edge. The clto currsnUy has an eXisting 1 a..root wide curb cut driveway 1hallnl&raects Cherry lane appmxJmateiy 25-feet weel of the east property Dne~ The applicant Is proposIng to uURze the e.xi9ti ng 1 ~foot YJide a.Jrb etJI drfve~. This driveway is located sllg hfJy to the east of the outbound travet lane from Craatmont Drlw. DJatrId poJley l"fJqurres driv&wayB on colledorand arteriaf roadways with a speed Umn 0135 MPH to be located In drrect alignment YJith any driveway or street or ~ffaet any. drivewey or street by a minimum of 15o.teGl District policy also raquinn; all drivaways on collector and arterial roadwaya to b& construClsd as curb tatum Iypa drivntays.. In aroer to <<Imply wtth District potrcy the applk:lnt GhouJd remova the eJdttJng 18-faot wide curb cut driv~y !hat rntersects Chsny Lene apprmdrnately 25-fsgf W98t of the Hat pI'Op9rty ina and reconstruct the drivaway to be e curb ratum type driveway that ls 8 mSJdmum of 38.fset In tNtdth and In aUgnment wJtb Creatmont Drive ~ 3~ Other Access Cherry Lane is classtfted as 8 pllnclpal arterial.. Other than the aocess pain I that has speciflCalJy been approved wUh th is ap.plJcaffon. dImct lot access to Cherry Lane fe prohibited. I C. Site Specific Conditions of Approval 1. Remove the exlatil1g i8-foot wfde OJI'b cut driveway that 1nlemect8 Cherry Lane apprQXfm.atGIy 25.. feat west of the east property fine and reconstruct the drtveway to be a curb return type driveway that rs a maximum of 3S-feet in wkfth aJ1d In alignment wl1tJ Crestrnont D~~ .2. Other than the access palot that hasl1p9clflcaUy.bean approved with Ihls,applicafJonl direct fat access to Charry. Lane Is prohibllBd. 3~ Comp1y wtth all Standard CoodJtfons of Approval. 3 j"~ . t,:.... ... f'~:.." \.... . D. Standard Coiidttlons of Approval 1. Any existing Imga1fcjn f~c:ittfes. shal~ be relocaled oulwde afthe right.Of..way~ 2 r All utility refQcation wsts associated with fmprolifng s1reet frDnfage9 abutting the site stt~f be bo me by the developer. . 3~ RepJaoe any BxJsUng damaged curb, gutter and sidewalk and any that may ba ~amaged during Ih e constructlon of Ih~ Proposed devefcpmenl Contact Consfruetian ServIces at 387 -ti280 (with flre number) for datans. 4 ~ UtUtty street cumIn pavement less than five years old are not afklwed unles.s approved In writfng by the- Olstrtct. Carriact the Dletticfa Utilfty Coordrnator at 387~ (with lifs numbers) for detaits. 5" AU desfgn and conslrucflcn shd be in S9C0rdance with the Ada County Highws~ Ois trict Policy Manual.. tSPVJC Standards and approved supplements. Conslruclfon servlces procedures and all appJrcable ACHD Ordinances untees specifically waived harefn, An e ngJneer registered rn Ihs SIa ts of Idaho shall prepare end oorUry alt improvemenl pfan8~ 6.. The appUcant shall submlll'8v1sad plane for staff ap~ prior to .EslSlJBnce of buUdJng permil (or other requfred permits). whJcI1lncalpCfa1es any required design chellgest 7. 1 Consbuctlon" use and propBl1ydeveJopment shalf bft In conformance with arl appUcabte requ1~mBnts of the Ada County Highway Dlsbicl prior to Oisbict approval for occupancy~ 8. Payment of eppUcabta road Impact fees are required prior to building ccnstnJction in accordance Wfth Ordinance ##200. also kncwn 18 Ada County Highway Olotdd Road Impact Fee Ordinance. 9. It '$ ~ m&pOl1sJbrnty of the applicant to verify all existing utUW. wMhfn 1he right..of-:WaY~ The appJIGal1t 81 no cost (g ACHD shag rapajr m1sting utft!tles damaged by tile appljcant The appricant sbafl be required to caR DIGUNE (1-800-342.1585) at least two full busln.. days prior to- breakJng ground wtth!n ACHD rfghkJf.way~ The appUcant shart conlaat ACHD Traffic Operation! 38743190 in the mrent ooy ACHD mnduUs (spare or filled) 818 compromIsed during any phase of constrtJctiGn. 10. No d1ange In the terms and conditions of ttis 8fJCJroval shall be varld unless they are in wrlUnG and signed by the .appflcant or Ole 8JlJ)Rcanfs autnori!ed r&pmsantatlve and an authorized reprasenfalive of the Ada County Highway District.. The burden IhsU be upon the arJplrcanl to obtain written conflrmaUon of any change from the Ada County Highway Dmtrlct 11 ~ Any Change by the applicant In the planned ute of the pJ'OJ]etly whfch Is the sulljed of this a~on. shal require 1t1e applicant to CC1mply 'wilh sfl rules, ragutatlansi (Jrdfnances. plans. or other regulstoty and legal realrfcUonaln force at the time the eppDcant or ns 8ucc8saom tn intemst advises the HfghYlaY Olstrlct d Its Intontto change the planned use cfths 8ubjecf; property unfess a walverlvarianc. of saId requirements or mher legal rellella granted purslJanllo tha laW JrJ effect .:.t the time: the change in use 18 sought ~.;' E. Conc1usfons of Law 1. The proposed sUa p~rt Ie apPl'Uved,l Jf aU ofth& SIte Spectfic and standard CondJlioO$ of Approval are saUsfied~ . 2.. ACHD reqotremerda are Inballded to aSsure that the Proposed uaeldevafopment wn I ~ot pace an undue burden on the existing \f8hlcular and pedastJ1an transportation system Within the vicinity Impacted by the proposed development 4 ~\ /<'"00... . (. EXHIBIT C Kinetico Quality Systems RZ-04-018 Required Findings for Zoning Amendment · STANDARDS FOR ZONING AMENDMENT J The Commission and Council shall review the particular facts and cirt1umstances of each proposed zoning amendment in tenns of the following standards and shall find adequate evidence anslvering the following questions about the proposed zoning amendment (11.. 15..} 1): A. Will the new zoning be harmonious with aDd in accordance with the Comprehensive Plan and, .if DOt, has there been aD application for a Comprehensive plan amendmeDt; Staff finds that the requested Community Business (C-C) zoning designation is in accord with the Comprehensive Plan's Future Land Use Map, which delineates the subject property as "ConnnerciaJ". The text of the Comprehensive Plan (page 99) supports a full range of cOIl1Il1ercial and retail uses in the commercial zone, including offices, services, and retail. B. Is the area included in the zoning amendment intended to be rc-zoncd in the future; Staff does not anticipate that the applicant intends to rezone the subject property in the future. c. Is the area included in the zoning amendment intended to be develo.ped in the fashion that would be allowed under ~e new zoning; , Staff fInds that the proposed retail use is allowed in the proposed c-c zone~ The applicant has submitted a written statement regarding the proposed use, which states the following: ".. ~.a neighborhood friendly business that is retail in nature but has minimal site visits by customers. Most of the business activity takes place at customer's homes with the business site used for supporting offi.ce activity, light retail of accessory products, and storage of the product that is installed into customer's homes.." Meridian City Code 11-19~ I.A states that "No building or other structure shall be erected, moved, added to or structurally altered, nor shall any building, structure or land be established or changed in use without a certificate of zoning compliance issued by the Administrator~" A Certificate o( Zoning Compliance (CiC) will be required prior to issuance of a building permit or occupancy of the retail business.. 1/..-.'.. (" .. \.... The required land use buffer between the proposed connnercial use and the single family residences to the north is 25-feet, which would eliminate approximately half of the proposed parking area in the rear of the buil~ing. The applicant will work with.City staff to obtain Alternative Compliance for the required north land use buffer prior to issuance of a Certificate of Zoning Compliance~ A 20-foot buffer is required and provided along the .western property line between the proposed business and the existing apartment building. Staff finds that the applicWlt can provide enough required parking for the proposed business. D. Has there been a change in the area or adjacent areas which may dictate that the area should be rezoned; Staff finds that the City~s Comprehensive Plan has provided the applicant with the ability to request the C-C zone for the subject property. Much of Cherry Lane in the vicinity has already redeveloped from residential to office or commercial uses~ E.. Will tbe 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 slIch use will not change the essential character of the same area; Staff finds that the proposed development is designed in a manner that will be hannonious with and appropriate in appearance with the existing neighborhood.. The applicant proposes to use the existing structure and anticipates making only site improvements such as parking~ F. Will not be hazardous or disturbing to existing or future neighboring uses; Staff finds that the requested rezone will not be disturbing to existing or future neighboring uses, if the required land use buffers can be provided within the restraints of the site.. TI1rough the Comprehensive Plan process) the City determined that commercial developlnent is appropriate for the area. Any future change of use on the property that may have a significant impact on the surrounding properties will require conditional use approval under current ordinances, and adjoining property owners will have an opportunity to comment Staff anticipates that the proposed retail building use will. not be hazardous or disturbing to the neighboring uses. The Commission and Council should consider the applicant's responses to staff Concerns and all public testimo.ny, oral and written, before making this finding. G. wm be served adequately by essential public faciJiti~s and services such as highways, street, police, and rICe protection, drainage structures, refuse disposal, water, sewer- or that the person responsible for the establishment of proposed conditional use shall be able to provide adeq uately any sueh service; ( .. (/~..:. . On December 4, 2004, a joint agency/department comments meetillg 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, staff finds that the public services listed above can be made available to accommodate the proposed development. The Commission and COWlcil should reference any written and/or verbal testimony submitted by any public service provider, regarding their ability to adeq.uately -service this project. B. Will not create excessive additional requirements at pnb6c cost for public facilities and services and will not be detrimental to the economic ,"velfare of the community; Staff finds that the requested uses will not create excessive additional requirements at public costs for public facilities and services" Additionally, staff finds that the proposed rezone would not he detrimental to the economic welfare of the community~ J. Will Dot involve uses! activities, processes, materials, equipment, and conditions that will be detrimental to any persons; property, or general welfare by reason of excessive production of traffic, ~oise, smok~ fumes, glare or odors; Staff finds that the proposed C-C zoning designation of the property does not inherently allow uses that will generate activities, processes, materials, equipment, and conditions that are detrimental to the general welfare of the community. J. Will have vehicular approaches to the property which shaD be so designed as not to create an interference with traffic on surrounding public streets; Staff finds that the proposed C-C zoning will not interfere with general traffic patterns on any public streets. A stubbed asphalt drive for cross-access will be required to the parking lot to the east, in anticipation of future commercial development Please refer to the ACHD staff report for a full report on traffic issues. K. Will not result in the destrUction, loss or damage of a natural or scenic feature of major importance. Staff finds that no natural or scenic feature will be lost, damaged or destroyed by issUance of this conditional use. Staff has not identified any natural or scenic features on the site. L. ,Is the proposed zoning amendment in the best interest of the City~ ~ )" ... \,.... ... .:. ~~~........ ... . (':..:... . Staff finds that the proposed rezone would be in the best interest of the City by allowing a property owner to make improvements to . the property for re- development that would otherwise not be allowed without the rezoneJ l,. (... . CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the matter of a request to Rezone 0.27 acres from R-4 to O-T (Old Town) AND for Preliminary/Final Plat approval for four single-family residential lots, by Susan Howard Case No(s): RZ-04-016, PFP-04-009 For the City Council Hearing Date of: MarcIl 15, 2005 A~ Findillgs of Fact 19 Hearing Facts a~ A notice of a public l1earing was publislled for two (2) consecutive weeks prior to th.e City Cou.ncil public hearing, tIle first publication appearing and written notice Inailed to .property owners or purchasers of record withill three hundred feet (300') of the external bou.uclaries of the property~ The notice of public 11earing .before tile City Council was posted upon tIle property under consideration :more thaIl one week before said hearing~ All other noticing was done consistent with Idaho Code g67- 6509. TIle luatter was d.uly COllsidered by the City Coun.ciI at the Marc]} 15, 2005, pu.b.lic hearing(s). The applical1t, affected property ow.nefS, and govermnent subdivisiol1S providil1g services witl1il1 tIle planning jurisdiction of tIle City of Meridian were givell full opportu.nity to express COlTIlnents and sublnit evid.el1ce. b. Written and oral test.imollY was received on tl1is Inatter, as reflected in the records of tIle City ClerIc (for written testilTIOny) and in the official lneeting millutes (for oral testilnony). c. TIle Planning and. ZOlling COlTIlnission conducted a public hearing and issued a written reCOIUlne.udation 011 th.e subject matter to the City Council~ d. The City Council heard and took oral al1d written testitTIony and d.uly considered the evidence and the record in this matter. 2~ Process .Facts a. T.here has been compliance with all .notice and hearing requirelnents set fortI1 in Idaho Code S67-6509, 6512, and Meridian City Code ~9 11-15-5 and 11-17-5 as evidenced by tIle Affidavit of Mailing, and the Affidavit of Pu.b Ii cation and Proof of Posting filed wit11 the staffreport. 3. Application and Property Facts a. In addition to the application and property facts noted in the staffreport and tIle PlalU1ing & Zoning Recommendation for the subject application(s), it is hereby CITY OF ME.RI"OIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DEClSION & ORDER CASE NO( S). RZ-04-0] 6 I PFP-04-009 - PAGE 1 Of 4 (:.. .. .verified that the .property owner(s) of record at tIle time of issuance of these firidings are Mark and Darcy Manwaril1g. 4~ Required .Fil1dings per Zonil1g al1d Subdivision Ordinal1ce a. See Exllibits E and F for the findings required for t]lese applications. B~ Conclusions of .Law 1 ~ TIle City of Meridial1 s.hall exercise the powers cOl1ferred upon it by the "Local .Lalld .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 Zo.ning, Subdivision and Developtuent Ordinances codified at Titles 11 and 12, Meridial1 City Code, and all current zoning maps tl1ereOL The City of Meridian has, by ordinance, established tIle Ilnpact Area and tIle Aluended COlTI.prehensive Plan of the City ofMeridian~ which was ado.pted August 6, 2002, Resolutiol1 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 consideratioll11as .been givel1 to tIle comlue.nt(s) received frO.1U the govemmel1taI subdivisions providing services in the City of Meridian platmingjulisdiction. 5. It is found public facilities and services required by the pro.posed developlnent will 110t impose expense upon the pu.blic if tIle attached conditiollS of approval are imposed. 6. That the City has granted an order of approval in accordance with tllis Decision, whic.h sllall be sigtled by tIle Mayor and City Clerk and then a copy served by t11e Clerk UpOl1 the applical1t, the Planl1ing and Zoning Department, the Public Warks Departlnent al1d any affected .party req.uesting notice. 7. That this approval is subject to the Legal Description .in Exllibit A, the Preliminary Plat dated December 15,2004 as sllown in Exhibit B, tIle Final Plat dated December 16, 2004 as show.n in Exhibit C, and the Site Specific and Standard COl1ditions in Exhibit D. The conditions are cotlcluded to be reasonable and the applicant sllal11neet suel1 req.uireln.ents as a condition of approval of the applicatioll. 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 foregoil1g Findil1gs of Fact which are hereil1 adopted, it is l1ereby ordered that: 1 ~ The applicant's Preliminary Plat as evidel1ced by b.aving subln.itted the Prelimin.ary :Plat dated Deceluber 15, 2004 is h.ereby conditiollally ap:proved; CJTY OF MERIDIAN FINDINGS OF FACT, CONCLUSlONS OF LAW A.N.D DECISION & ORDER CASE NOeS). RZ-04-0 16 / PFP-04-009 - PAGE 2 Of 4 ( ~... f... :. \.....:... .. 2~ The applicant's Final Plat as evidenced by llaving s.ubmitted the Final Plat dated Decelnber 16, 2004 is hereby conditiollally approved; and, 3. TIle Site S.pecific and Standard Co.nditions are as shown in Exllibit D. D~ Notice of Applicable Tilne Limits l~ Notice of Twelve (12) Month Prelilninary Plat Duration Please take .notice tllat within one year after written approval by the Council, a fin.al plat s11all be filed witll the County Recorder; otherwise, such approval shall become null and void, unless prior to said expiration date an extension of time is applied for by the applicant and grallted by the Coun.cil. The Councillnay autllorize an extension 0 the final plat for a .period not to exceed one year froIn tIle end of tIle original one year period~ (MCC 12-3-8.) E. Notice of Final Action and Right to Regulatory Takil1gs Analysis 1. The Applicant is hereby 110tified that p'ursual1t to Ida.h.o Code 67-8003, tIle OWller Inay request a regulatory taking analysis~ SUCll request .must be in writing, and lnust .be filed with the City Clerk 110t more than twenty-eight (28) days after the final decision concernil1g the Inatter at issue. A request for a regulatory takings analysis will toll tIle tilne period within whicl1 a Petition for Judicial Review lnay be filed. 2. Please take .notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code ~ 67-6521 an affected person being a perSOll w.ho l1as an interest in real property whicll1nay be adversely affected by the issuance or d.el1ial of the conditional use .permit ap.proval may withil1 twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Cllapter 52, Title 67, Idaho Cod.e~ F. :Exllibits Exllibit A: Legal Descriptio.n Ex.hibit B: A.pproved Prelilninary Plat Exhibit C: Approved Final Plat Exhibit 0; Site Specific and Standard Conditions Exllibit E: Zoning Amendlnent Findil1gs Exhibit F: Prelilninary/Final Plat Findil1gs By actio.n of tIle City Council at its regular .meeting held. on the JJ-t~L/L, ,2005. I -~ I:::> -- dayof COUNCIL MEMBER SHAUN WARDLE VOTED CITY OF MERIDIA.N FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CAS E NO(S). RZ-04-0 16 / PFP-04-009 - PAGE 3 Of 4 (...00.. .. /r-~... t..... COUNCIL MEMBER CHRISTINE :OONN.EL.L VOTED COUNCIL M:EMBER CHARLIE ROUNTREE VOTED COUNCIL MEMBER :KEITH BIRD VOTED MAYOR TAMMY de WEERD (TIE .BREAKER) VOTED Attest: and. City Atton1ey. Dated: 4-1 -oc; CITY OF MERIDiAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-04-016 / PFP-04-009 - PAGE 4 Of 4 ( EXHlBIT A Serendipity Place Subdivision RZ-04-016 Legal Description Rr~ - z () N F: I) f~ S(.~ I~ J I}:.r~I (:) N it (.) 1-< .s f~R.1:~N I.) I PI. J~\/ J)I f/\(..4L~ S l) BI)I \/ J S If)(\; I )t~~l~ tl ll1cr l '5.. 2 ~ J{~'; ~ i\ l~Al{CLL 0[' LAND LUCA"I"EU IN 1 fIr NORTHEAST ! !.,~ OF SECTION 12. TOV~!'"NSHrp 1 NORTH, RANCE I \V.E:Sl~ BOISE I\-fFRflHAN, MER.fl.>!A0~, ADA COUNTY. IDA.I-I(), BEfNer \TORr P /\ f{ . r [\". ~ f) I . }\ i\ J : '( 1) f"~: S ( : I ~ Il~ L [) /\ S FI~ ( ) I . r . (")= \ \~ S : cor\-.Hvl FN(l\(f AllHL NURTHEAST CUHN~J~. ()~; St.,C nON 12~ T..~ N.. [{. ~ \v.. B, \1, TH FNc"L s nO"2o',~O" L j04 Llj(! Fl'l:,!" j\LON(ilHE F.'<\ST f,fNL. ()F SAID SECTION J 2 TO i\ POINT !\llHL IN1T:j-{SFCTfO?\ or N. i\"f.FHffH/\N S fRLL.J. /\.NU \V. ~...L\PJ..r A VENUE, THFKCf>. S K(j<~~~rJ(f' \V ) Hl 00 FELT ALON(i- Tflt-: CLN.TFRI..INF OF \V. l\.L\PLL AVENUE TO A POINT A1 '(fir: INT~RSFCllnN OF SAri) \V. tvfAPI.F ..-\ VCNUF AND \v. FH~S..l STRf~LT, THF\CT. S Off'2tr.3f)" L 2(J(;J~O Fl~E j ALONG THE C.TNTFRLINr Of; \v. J~H~ST STRl'YT TO A POlNT, THr,. l{ F: ;\ I ~ r~ (" ) I N ~ I. (.) Ii" J~ I ( (~; INN l.~ (.: (.II ~~ r 11 [S i) r: S ( ~ j{ i 1> .1- [ ( ) N ~ lHf~~\J( -F CONTIN{ IlNfl S fHf:20'30" r. f)i).OO FF~~;.( /\1.nO~G SAID (l:.N.1 FRI JNL TO A POINf AI "1 Hi'. INTERSECT[ON or \V FfR~{f STHFFT AND \V. CHEH [f)' ?\ VF1\UL~ THF:':CF S s~F~pr'15h 'A[ 1f;i\Jn FI-.Fl ALONCl .nn,. CF~' rCRl.INL or \v. CHF.RR~r. ,<.\ VENl.T TO A f' ( .> J ~ ~[" ~ lH L:\LL N on<!o'..Hf> \V ALONC ~'J\SlFRtY HOL'NI L\R \.- t)r FR.t\:\ 1\.-H-jODL\N SliHDIV hH >N (.)"7 . (.~ {) Ii: 1 ~~ { ~.. r . I "(.} :~ \ r J ( ) J N . r ~ ( .~ ( ) N .r J N l..i I N <. ~ ::\ 1.. (" fN ( { S t\ I !) S I. f 111 ) I \ t .1 S {( ) N I-~ f ) t .r N 1 ) :J\ I {\.: : r 11l~: J. } ( ) 1 ~ I ~ (" ) \ \.; f N ( ~ . r t I i ~>\ { : f I. N 0 {r .: ~l~".J .. .5 ) ~. i.. 1 c~. C~{) 1-" J .... J. :.. . [" . I "() :.~\ J ~ ( J IN. t" ~ . r j I f ~~ \ ( .};~ N (} ( r: 2 ~ ) ~ ~; f ~ ~: \ \/ 2 j) r.~ r,}.,: l~. .. r .f (") /\ j. ~ { ) J N. f ~ 1. I~.:~ \/ l !\~ (.J S j \ 11 ) S l.1 [~ [J i \/ I S j ( J N [) ( ) l j N I ) ./\}{ ~.~ r l-11-~ I ~. ( ) i : I . <. ) \ ~/ r N <. I. lHl-]\CF. N S~:r'~P}'~5" I,. 17~LOO FFFT l"U Tnr. REAL P()INT (>F BEGINNIi\(; ()I~ lHI~ [) IXS(~ ~ IUr~~T. I <. ) N ~ (.. f) N T~ ^ rNrN (} (} ~ ~4 3 /\ (.~ l~. r~:s ~ T\.1 (".)}( ~~ () r~ J: ~.~~ss ;4~~~.i~i:~t~ ~~:'~:~ :::' \ '. '. ~ ~ ) j(lV lJf.1: 0 I~. ?O~r, ~'ER~CH AN PUBLIC JJ08XS DE;>T ~ ..:.. :. ~ .' ---;.:- :: .:: ~ ~"... ~.! ~. ~ ..: ~ ~.i:.:. ~ I ~ ~ :'::;::l~ -:- ~>~ r. ~: / ~ ~ -=: ~ ~ . r:- ) ;:: ~ .~: ~:. EXHIBIT B Serendipity Place Subdivision .PFP-04-009 Approved Preliminary Plat .......: .:~:::................. .... ....... ~ ~',.~,."n .,{ ';.j ~.: ~ ~ -=t ~ .7.:~. .; >~; .:., ~ :.~ ~ -~ 3" ~ ~~ .. ~~.~::~~,: f.." "'-=.04'" :;.; . .... : . ~~........:++t-' ~ ~ ::: : -4 ~ . =r;. r '!-"-"- ,.. _.~. .:: :P::?~ .... ~;.. ....... ..... I......,............ .... .. ...... ... ... .. :... ~ ::. ~ ~ ~.:. :: l:.~~ ~ ~ t~=.E oJ I t i ::-: ~: :: 0) .~ ~~~~ ./.-:~.-.. . f . t. ... rt;.~";..~.~ :-;=-:~..~ ~;~'::':-:~:,.":...::--..::~..r~.. . . ..... ... ~ ~.... No-... ..... ~.~ d.. .... ....... ~ :~:; ........:~. t -;:. ..:::.;:.:;;. ....~.. ........ ..... ~~~~~1~~~;:~~~~~(~~ . .... ..,-..:-- ~:,."... .,,:. - ~ ...... . ~-- .:0:- ..-c. ........ 1"1"".. .-.r. ~-1~ ,;,..:j.,..io..:....;/.;;,.:~ ~ <~~.:&~::.: f :{~:.?~ .-~." ~ .-..::- ~ - )) : ~ "i: ~ ....i'": ~;.:; .~ :/ ~./~.. .. ~:::. f :::... :-:; ~.~ ~/~~ ~..;::: -:.. ~ : : /:i ~ ~::~:~:,:~..'.,". < . . .. ~ ~:l '." ~ . : ./..:0-::: ~ : . ~ ~ t; ~ > ~ ; : ~ . ~ ~~. ! ~ : . ."==:. . ~ :; t: ~ ~ ~ .. :.~ ~. ~ : :.; - ~ :. .~:w.t:k~.;"';' . j~~~~:~ n~. . . . .. . ......-................ ~ <;.. ~.~. '"! .-~ \ ~ ~ ~ ~ .::--;,... ~. .~~:~.~.+; ~ f~ . (... . ~ f~.~''''.. to,..:..:... . EX.HI.BIT C Serendipity Place Subdiv.ision P.FP-04-009 Approved Final Plat . . .. .... . .. "--. .. . . . .-.-............... ~...... -. ...... .~~.....,...... ... .. .. ........ ....... . . .. ....-.................. . .-. -............. .. . . ...... ,... ---......-.....~ .. . .. ...... . .. .. . S E R F \: DIP I n. r i~~~ (~ t: S lJ 3D i\~t5IO;\ ~:1 ~ .~~; ~ ~ ...~ :.; ~:... . ~.:. ~;~/.:~v. ~~ /.;....::;..~ ~:: ~ . : ~..~. ::e...::.... .( :". .t~~~. .;. .... .::.. ~::. J. ::...~/ ,. .....-:... <<.;. ....:: -:::~ .~. ..; :..; ':-.~.... j i/. .::. . :. :...: ""< ........ ... .1.~ :~J ;. , ;.;: ..;.-.: So %- ~~~~......:.: . . -::.:::-~;. .j ~ , ~/ ~ ~ :..-: ..; .~ ~~: f: :. ~ ~: : <- ~.: -: ~~d./:./.~: } ~M c~ 7 :~jj~~t-.n~.~.~~...n~,- ~.q~;~tf~.~:~~rJ~ .,..iu, !..'>. ~ I i . - - ~ ~ . . ..~.. ... ~ .. ): ~ ~ i:F ~ ~ :.(11 ~ i.~"t ~ r~ ~ ~+1' .. \~ ;1 f.~ 1:::; : +~~n.r.::~~ ~ ~.f !! ..~ ~.~ '., :, j~ ! .. . ~ . ..: ';':"".~'" .-:.- . . . . ~.n .... nj~" ..- ,-:,-_. - u -+- -+,..:.ii";"';;':~'.~._-" _. ..;....--.J ., ~ :-: .: .~:~.~:...<< .~ ~.~ ~~. "-":.... : ~~"=. . :0:.: ~..: <<..-. .~: ~ .......~ ::. :. :....~.:....~ "i': ?~: :. :.-: ~.: .::;~ ..~ . ~ .-: .:.-:.":/-/ :-"/. ~ ~-:: . ~ -:- ....~.. ...."':::-. ~ ~... ~....; ... .~~ .~.. ...~ ~: ...:~: :..: ~.. .'-T.....~::.....~ ...:. :~d ~ -:i ~:-::: ~ "= -.. -=^ ~.~ (~.{ .: . ~~ ~ ..'-r .... -::. -:- ~ ~...~ .: ~;~ .... .:. ~ ."-":. ...; ....... ....~.... d ~ :. ~ .: ~ ~ ... .. .;.....::=- ~---:"". ::-.~-::::: .~ ~ .~/:/~::;...~.~ ..~/.::.. :~ ~:...~ ~:;: ~...-~-::~ ~;;>~: :~: :~~%:d~~~ ~ :":: ~\.== :. ~.:~ ~ ~.~.~~ ~. : '.:.<..; ~ . ,.~ -/ ~ ,<<"..... ., : "'..... "..: .." ,'. .. . -.. -~.. ,~{~~~,:~:~i/~~jt~~{(,~:~:~!~~~.:::~ l~ ~:. ~\.~ ~ .:;/~ :.~.. :.;~~. .~ :~:~~;~~::.-.. .;--: ..; :.~:.; ~ :.~./~~:.. ~~~ : ~ :...: -. ...~.;..: ....: :... .l: ~..~ :~:-. t::- :~.: "::.r. ~ ... ~ ~~:~:: ':"....~.:.. ~ ;~; ./~.~.::. / .~~~: --: s:- ;;-.::~ .~ ~.: ....;.... ~ ~.--:-/ ,.~..~..... ..._-.~...._._..,.....~.~..... .-~.f I~.: :. :: ~:. ~~. : ~~..~; S ~ I i.. .0. . . ~_. .. . ..00 d.... n. .. .. . . .. J . . . . . 00.. -~. ..... J .. ~__. .._.... .. ..._ . ._. ... 00..... __.. .. . . .. (:~:/~f~~~ ... ... ..-............... . .. . -...- ~....................... . ::..-:.-::: . ..~ ~ .. ... . . . .. . .. . .. ... . .. ............ ( (' . EXHIBIT D Serendipity Place Subdivision PFP-04-009 Site Specific and Standard Conditions PRELIMINARY/FINAL PLAT SITE-SPECIFIC CONDITIONS 1. All comments of the Rezone (RZ-04-016) application shall also be considered conditions of the Preliminary/Final Plat (PFP-04-009). 24 Utilize a COlnlnon driveway for Lots 2 and 3, Block 1. The p.ublic street frontage for Lots 2 and 3, Block 1, lnay be reduced to IS-feet (31.5-feet proposed). A note s.hall be placed on tIle face of the fi.nal plat restricting fencing, parked cars or any other obstruction within tile COffilTIOn driveway easement. Said COlnlTIOn driveway shall be constructed a Inil1ilTIUlTI of 16-feet wide with crushed gravel and aspl1altic concrete paving, as required by MCC 12-4-1.4. 3 · Prior to signature of the final plat by the City En.gineer, all structure( s) (excluding perilneter fencing) on this site shall be removed. 1. Underground year "[ouIld .pressurized irrigation must be provided to all lots ",,\~itl1in this de-velopment. The City of Meridian requires that pressurized irrigation s)7stems be su.pplicd by a year round source of \~latcr. The applicant shall .be required to utilize any cx.isting surface or ~"T{ell --.vater for the prilnar)7 source. If a surface or '\,vell source is 110t u'v.uilnblc, a single .POillt connection to tho culinary v/utcr system shall be required. If a single point connection is utilized, the dc~/cloper shall be responsible for tIle pU)lllcnt of aSSCSSlnents for the COlTIlTIOn areas prior to siglluturc 011 tIle final .pIat b)' the City. E.ngitlccr. In lieu of providing pressure irrigation service to each lot, the a.pplicant shall be required to pay a well development fee to the City for each lot. 5. Any tree over 4" in caliper tllat is removed froln the .property sh.al! be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be COl1sidered as replacemel1t trees for tllose trees that are rellloved (MCC 12-13-13-3). 6. If permanent fencil1g is not provided or is not existillg around the perilneter, telnporary construction fencing to contain debris lTIUSt be installed prior to issuance of building permits. All fel1ces shall ta.per down to 3 feet maXilTIUtTI witllin 20 feet of all right-of-way. All fencing shall be installed in accordance with MCC 12-4-10. 7. Unless otl1erwise allowed by the Meridial1 Fire Depaltlnent, provide a hydrant at the comer of Cherry Avenue and First Street. f. l~:. 8. Sanitary sewer service to this site s.hall be via service lin.e exte.nsions from the existing Inains located adjacent to the project. Subdivision d.esigl1er to coordinate maio. sizing and routing with tIle Public Works Department Applicant shall execute City of Meridian standard f0011.8 of easements, for any lnains that are required to provide service. Cover over sanitary sewer luains s.hall be .no less than 3-feet froIn fi11ish grade to the top of the pipe. If cover is less than 3-feet fraln the sub-grade to the top of pipe, alternate pipe Inaterials sllall be used .per the Meridian Public Works Departluent's Standard. Specifications~ 9. DOluestic water service to this site shall be via service line extensions frDIn the existing mains located adjacent to the .project~ Subdivision designer to coordinate main sizing and routing witll the Public Works De.partlnent. Applicant s.hall execute City of Meridiatl standard fonn.s of easelnents, for any Inains that are required to provide selVice~ 10~ TIle following notes on the plat dated 12/16/04, .prepared by Briggs Engineeril1g, Inc., .need to be revised or add.ed: (3~) RelTIOVe seco.nd sentence regarding .ffilnl1TIUm 110use Size (no longer required on .plat). (11~) Il1clude "fencillg" and "any other obstruction" to the list of thin.gs prohibited within the COmlTIOn drive easelnent. 11. Street signs are to be in .place, water system shall be a.pproved and activated, fenci.ng installed, drainage lots constructed, road base approved .by the Ada County Highway District and tIle Final Plat for tllis subdivision s11811 be recorded, pIlar to ap.plying for buildillg .pennits~ 12~ All development improvements, including sewer, fellci.ng, micro-paths, .pressurized irrigation and landscaping shall be installed and approved prior to obtaining ce.rtificates of occupallcy~ 13. A letter of credit or casll surety in the amount of 110% will .be required for all fencil1g, landsc~pitlg, alnenities, pressurized. irrigation, sanitary sewer, water, etc., prior to signature on t]le final :plat 14. Complete the Certificate of Owners and accolnpallying Acknowledgtnent. 15. Coordinate witll tIle Melidian Public Works De.partlnent and the Melidian City/Rural Fire Departlnent to determine fire flow requirements~ 16. .No variances, exceptions or reductions to the City ado.pted. dimensional stalldards or uses are approved witll this .prelitninary/final plat application. All minimum lot sizes, structure setbacks, a11d street frontages s11all.be Inaintained~ PRELlMINARY/FINAL PLAT STANDARD CONDITIONS OF APPROVAL (-. 1. All grad ing of tIle site sllall be :perfonned in conformance with M CC 11-12- 3 H. 2. Sidewalks shall .be installed D.n the perimeter of the subdivision pursuant to MCC 12-13-10-8. 3. A letter of credit or cash surety in the alTIOunt of 110% will .be required for all fencing, landscaping, pressurized irrigation, sanitary sewer, water, etc.., prior to signature on the final .plat. 4. Coordinate fire hydrant placelnent with the City of Meridian Public Works Departlnent. 5. TIle applicant sllall coordinate mailbox locations with the Meridian Post Office. 6. Any existing domestic wells and/or septic systems witllin tllis project will .have to be relTIoved froIn tl1eir domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be .used for non-domestic purposes suc.h as landscape irrigation. 7. Compaction test results lTIUst .be subtnitted to tIle Meridia.n Building Departme.nt for all buildil1g pads receiving engineered backfill, wl1ere footi.ng would sit atop fi lllna terial. 8. The applicant shall be required to pay Public Works developlnel1t plan review, and construction inspection fees, as d.etennined during tIle plan review process, prior to signature 011 tIle final plat :per Resolution 02-374. 9. Applicant shall .be responsible for application an.d cOlnp.liance wit}1 any Section 404 Permittil1g that Inay be required by the Anny Corps of Engineers. I O. Applicant s11all be respollsible for applicatiol1 al1d compliance with and NPDES Permitting tllat may be required by the Envirorune.ntal Protectiol1 Agency. 11. Staffs failure to cite specific ordinance .provisions or tenus of the ap:proved annexation/conditional use does 110t relieve tIle applicant of responsibility for compliance. 12. Final plat approval shall be subject to tIle expiration prov.isions set fortIl in MCC 12-2-4. AGENCY COMMENTS AND CONDITIONS MERIDIAN FIRE DEPARTMENT 1. G.ne al1d two family dwellings will require a fire-flow of 1,000 gallo.ns per luillute available for duration of 2 :h.ours to service the entire project. Fire hydral1ts shall .be placed an average of 500' apart. Internatiol1al Fire Code Appendix C. Unless othetwise app:roved~ provide a hydrant at the comer of Cllerrv Avenue and West First Street (/:'~n.. . 2~ Acceptal1ce of the water supply for fire protection wi]] be by tile Meridian Water Department and water quality by the Meridian Water Departlnent for bacteria testing~ 3~ Final Approval of the fire .hydrant locations sIlall be by the Meridian Fire DepartInent~ a~ Fire Hydrants shall have tIle 4 ~" outlet face the Inain street or .parking lot aisle~ b~ The Fire llydrant shall not face a street whicll does not have addresses on it c~ Fire hydrant luarkers s.hall be :provided per Pu.blic Works spec~ d~ Locations witll fire 11ydrants s11all l1ave the curb painted red 1. 0' to eac11 side of tIle llydrant location. e~ Fire Hydra.nts shall be placed on comers wIle11 spacing permits~ f. Fire hydrants shall not .have any vertical obstructions to outlets within 10'. g~ Fire hydrants sllall be placed 18" above finish grade~ 4~ Operational fire hydrants, telnporary or pel1nanent street signs and access roads with an all weather surface are required before combustible construction is brought 011 site~ 5. B.uilding setbacks sIlall be per the ltltemational Building Code for one and two story COl1struction. 6~ W11ere a pOltioll of the facility or building hereafter constructed or luoved illto or within the jurisdiction is ITIOre than 400 feet (122 111) frOlTI 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 l1ydrants and mains sllall be provided where required by tIle code officiaL For b.uildings equipped tlU.OUgl10Ut witll an approved autolnatic sprinkler system installed in accordance Wit}l Sectiol1 903.3~ 1 ~ 1 or 903~3.1.2 tile distance requirement shall be 600 feet (183). a. For Grou.p R-3 and Group .U occupancies, the distance requirement shall be 600 feet (183 m)~ b~ For buildings equipped throughout wit11 an approved autoluatic sprinkler systeln installed in accordance with Section 903.3.1 ~ 1 or 903.3.1 ~2, the distance requirement shall be 600 feet (183 In). 7. All .po.rtions of tIle buildings located on tillS :project must be within 150' of a paved sutface as measured around tIle peritneter of the building. MERIDIAN PARKS DEPARTMENT 1. Standard for Mitigation of trees: The stal1dard established in th.e City of Meridian Landscape Ordinance will be followed. ( ~ 2. Standard .Plall for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance will be followed. ADA COUNTY HIGHWAY DISTRICT Site Specific Conditions of Approval 1. No dedication of right-of-way will be required. with tl1is application. 2. Relocate allY existing irrigation facilities and/or utilities outside of the rigllt-of- way. 3. Provide a $3,500 deposit to the Public Rights-of-Way Trust FUlld for the cost of the roadway improvelnents on '1 st Street prior to District a.pproval of a final plat. 4. Construct OIle residential CO.1TIlTIOn driveway, 16-feet wide, on West Che.rry A vel1ue located 63-feet west of the east property line and a seco.ud driveway, 9- feet wide, located 19- feet east of tl1e west property line as proposed. 5. Construct one driveway, 20-feet wide, on 1st Street located 46-feet no.rth of the edge of pavement on W. Cherry Aven.ue. 6. :Pave the driveways their full width and at least 30-feet into the site beYOJld tIle edge ofpavelne.nt of tIle roadway and instaII.pavetnent tapers with 15-foot radii abutting the existing roadway edge. Standard Conditions of Approval 1. Any existil1g irrigatiol1 facilities shall be relocated outside of the rigl1t-of-way. 2. All utility relocation costs associated with iluproving street frontages abutting the site shall be borne by tl1e developer. 3. Replace any existin.g damaged curb, gutter and sidewalk alld any t11at Inay be dalnaged durillg tIle construction of tIle .proposed developlnent Contact Construction Services at 387-6280 (with file nUln.ber) for details. 4. Utility street cuts in pavelnent less than five years old are not allowed unless approved in writing by tIle District. Contact the District's Utility Coordinator at 387-6258 (with fi.le nUlnbers) for details. 5~ All design and construction sh.al! be in accordance with the Ada COUllty Higllway District Policy Manual, ISPWC Standards and approved supplelnel1ts, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived 11erein~ An engineer registered in the State of Idaho shall prepare and certify all improveluent plans. t~ . 6~ The applical1t shall submit revised plans for staff approval, p.rior to issuance of building permit (or other required pennits), w.hich incorporates any required design changes~ 7~ Construction, use and property developlnent shall be in co.nfol1nan.ce with all applicable req.uirelnents of the Ada County .Highway District :prior to District approval for occupancy. 8. Paytnel1t of applica.ble road. impact fees are required prior to building construction in accordance witll Ordillance #200, also known as Ada County Higllway :Oistrict Road llu.pact F ee Ordinance~ 9. It is the responsibility of the applicant to verify all existing utilities witllin the right-of-way. The applicant at no cost to ACHD shall repair existillg utilities damaged by tIle applicant. The applicant shall.be required to call :OIGLINE (1- 800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant s.hall COlltact ACHD Traffic Operations 387- 6190 in the event any ACHD conduits (spare or filled) are cOlnpromised during any p.hase of construction. 1 O. No change in tIle terms and conditions of this ~pp:rovaI sIlaIl be valid .ul11ess tl1ey are in writing and signed by tIle applicant or the applicant's autllor.ized representative and an authorized representative of the Ada Co.unty Higllway District. TIle burden sllall be u.pon the applicant to obtain written confirmatioll of any change from the Ada County Highway District 11. AllY change by the applical1t in the plamled use of tIle property whicl1 is tIle su.bject oftllis ap.plication, shall require the applicant to cOlnply with all rules, regulations, ordinances, plalls, or other regulatory and legal restrictions in force at the tilne tIle applical1t or its su.ccessors in interest advises the Highway District of its intent to change the planned use of tIle subject property unless a waiver/variance of said requirelnents or ot11er legal relief is granted pursuant to the law ill effect at tIle time the cllange i.n use is so.ught. CENTRAL DIST:RICT HEALTH DEPARTMENT 1. This .proposal can be approved for central sewage & central water after written approval from a.ppropriate entities is submitted. 2. The Applicant's central sewage and central water plans must be submitted to al1d approved by the Idaho Depalilnellt of Healtll & Welfare, Division of .Environmental Quality. 3. Run~offis not to create a .mosquito breeding problem. 4. Stonnwater sllall be pretreated tlu-ough a grassy swale prior to discllarge to the subsurface to prevent impact to groul1dwater and surface water quality. ( ('.-.'. . 5. The Engineers and arc.hitects involved with the design oftl1e subject project shall obtain current best management practices for stormwater disposal and design a stann.water mal1agelnellt system that prevents groundwater and surface water degradation~ ( {,,,.u . . ~ . . \:~....... . EXHIBIT E Serendipity Place Subdivision RZ-04-0 16 Zoning Amendment Findings According to Ordil1ance I 1-15-11, Gel1eral Standards Applicable to Zonil1g AInendluents, both the P&Z Conunission and Council are required "to review the particular facts al1d circumstances of eacll proposed zonil1g alnendlnent in tel1TIS of the following stal1dards and shall find adequate evidence answering the foIlowil1g questions about the proposed zoning am endluent. " The following is tIle list of stalldards found in 11-15-11 and analysis by City Council: A. Will the ne\v 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 2002 COlnprellensive Plall Future Land U.se Map desigl1ates tIle subject property as "Old Town". 111 Chapter VII of tIle Comprehensive PlaIl, Old Town uses will include a variety of residential uses including reuse of existil1g buildings for residential uses, new co.nstruction of lTIulti-faln.ily residential over ground floor retail or office useSA Further, the purpose of the requested 0- T district is to aCCOlTIlTIodate al1d e.ncourage further ex.pansio.n of tIle historical core of the COffilTIUnity; to delineate a centralized activity center alld to el1CQnrage its rel1ewal, revitalization alld growth as the public, quasi-public, cultural, financial and recreational center of tIle City. A variety of theses uses integrated wit11 genera] business, luediulu-11igh to l1igh density residential, a.nd other related uses is encouraged in. an effolt to provide tIle appropriate tnix of activities necessary to establish. a tluly urball City center (MCC 11-7-2.L)~ City Council finds tl1at tIle requested 0- T zonil1g generally confonns to tIle stated purpose and iute!lt of tIle Old Town designation withil1 MCC and tIle COlnprellel1sive Plan. In additiOl1, ill tIle applicant's cover letter several COlnprellensive Pla.n policies are listed, whicl1 support the rezone and proposed residential use of tIle prope11y~ City Council fillds the following Goals, Objectives, and Actioll items COl1tained in the 2002 COlnprellel1sive Plan to be applicable to this a.pplication: · "Encourage infill development ill vacant/underdeveloped areas withl11 the City over fringe area development to l1alt tIle outward progressioll of .urban developlnellt." (Cl1apter V, Goal I, Objective A~3) This is an infil] parcel that is cUITel1tI y receiving city serv.ices~ Redevelopmellt of tllis parcel will allow for additional housillg units close to establis.hed sclloo1s, cOlmnercial services, and the dOwlltown core~ !.,........ . (.; · "PrOlTIote al1d strengthen high density residel1tial development in and around downtown" (Chapter V, Goal II, Objective A, Action itelll 5) City Council is sup.portive of the pro.posed higher del1sity residential development ill downtowl1~ · "Develop standards for integrating mediuln-to-hig.h density residential into existing subdivision developlnent" (Chapter VII, Goal I, Objective C, Action i tern 2) The applicant is utilizil1g a COffilTIOn driveway to lneet the street frontage req.uiremel1ts for two of the pro.posed lots, a COlTIlnO.l1 metllod of getting llig.her density residel1tiaI projects approved in existillg residential areas or 8U bdi visions. · "Support a variety of residential categories (low-, rnediuln-, and high.-del1sity single-fatuily, multi-family, townhouses, duplexes, alJaltments, condolniniums, etc~) for tIle purpose of providing the City witll a range of affordable housing opportunities." (Chapter VII, Goal IV, Objective C, Action item 10) City Council is supportive of tIle higher density developlnent proposed for tllis area. TIle proposed housing type (siIlgle-family attached), provides a greater variety of housing op.portunities tllan currently exists in this area. · "Locate high-density d.eveloptnent, where possible, near open space con4idors or other .pennanent luajor opell space al1d park facilities, Old TaWIl, and near luajor access tl1orougllfares." (Chapter VII, Goal V, Objective A, Actiol1 itelTI 14) The subject developluent lies witllin tIle Future Lal1c1 Use Map boundaries of 'Old Town'. The subject site is ap.proxilnately 50G-feet north of Meridian Elelnentary, whicl1 has open space alld playground facilities. Meridial1 Road, a lnajor access tllorougllfare, is approxiluately 325-feet to the east · "Consider "ACCOlTIlnodating Bicycle and Ped.estrian Travel: A Recolnmel1ded Approacll" froIn. tIle National Center for Bicycling and Walking in all land use decisions." (Cllapter VI, Goal II, Objective A, Action itelu 3) This :publicatiol1 encourages jurisdictions to establish bikeway and walkway facilities in 11ew COl1struction and reconstructioll projects, in a lnanner th.at is safe, accessible and convel1ient. First Street is included in tIle ACHD Five Year Work ProgralTI to be ilnproved in 2007 with curb, gutter and sidewal.k. ACHD. is requiring the applicant to road trust for sidewalk on West First Street abuttillg tIle site. Sidewalk CUITently exists 011 Cllerry Avenue abutting tIle site. t''':~ { ~ City COUI1Cil finds that zoning this property to 0- T will be l1alIDonious with and in accordance witll t]le Comprehensive Plan. B. Is the area included in the zoning amendment intended to be rezoned in the future; If tIle subject reZOlle applicatio.n is approved, City Council does not anticipate that the applicant intel1ds to rezone the subject property in the future. c. Is the area included .in the zoning amendment intended to be develo.ped in the fashion that would be allo\ved under the new zoning - for example, a residential area turning into conlmercial area by means of conditional use permits; In the applicant's submittal letter, it is stated that the su.bject property is intended to be used for residential purposes. CUITelltly, the 0Illy (principally) pennitted uses in the O-T zone are single-family homes, libraries, cllurches, and InuseUlns~ All ot11er uses in the 0- T zone, tllat are not prollibited, require separate Conditional Use Pennit ~pproval. City Council finds that the area included in the subject z011ing aluendment is planned for develo.pment in a fashion that will be allowed under tIle new zoning (single-family). 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 lvidened, ne\v railroad access been developed or planned or adjacent area being developed in a fashion similar to the proposed rezone area; The gel1eral vicillity of this project is challging rapidly. In this area tl1ere are several other parcels that have/are/will be convertillg froIn single-family reside.ntial to lTIulti-fall1ily, office al1d retail COl111uercia] uses. On Chen-y Lane, betweel1 Meridian Roacl al1d Linder Road, and along Meridian Road in this area, tl1ere are many sites tllat have cOl1velted to office and cOlnlnercial uses. Altl10ugh the Inajor arterials in tllis vicil1ity (C11en4Y Lane, Meridian Road, Maill Street) 11ave not been widened recel1tly, iJnprovelnel1ts are expected once the Downto\vn Tral1sportation Managelnel1t Plan is adopted, im.plelnented al1d funds are available tlU.OUgl1 ACHD. City Council finds tllat rezonil1g this site to 0- T is consistent with other land uses and anticipated facility challges in the area. E. Will the proposed uses be designed, constructed, operated and maintained to be harmonious and appropl"iate in appearance \vith the existing or intended character of the general vicinity and that such use \-vill not change the essential character of the same area; City COUI1Cil finds that tIle proposed 0- T zoning and subsequent single-family residential llses ..proposed ill the prelimil1ary/final .plat application are consistel1t (:,~'" '.:'.: :. with the intended character of the vicinity, as depicted on the Future Lal1d Use Map~ City Cou.ncil also finds tllat the proposed zoning/uses can be designed and constructed in a rnamler fIlat will be l1armol1ious with and appropriate in appearance with the existing and intended character of the surrounding area. Although there will be an impact of the subject developluellt on tIle existing character of the area, City Council finds that the ilnpact is consistent with the i.ntended c11aracter of tIle area; a mix of single-falnily, lTIulti-fatnily and cOffilnerciaI uses~ F~ Will the proposed uses not be hazardous or disturbing to existing or future neighboring uses; If all the conditions outlined in tllis report are com.plied with al1d construction traffic and house constluction is COllducted in a manner consistent with City Code, City Council finds that tIle use of this site for four residential dwellings should not be l1azardous or disturbing to existing or future l1eighboring uses. T.he Comlnissiol1 aIld Council should rely on public testilnollY (oral or written) to detennine wllether the pro.posed 0- T zoning wi] I be disturbing or l1azardous to the neigllboring residential uses. G. Will the area be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drai.nage 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; All essential pu.blic facilities and City services listed above currently serve tllis site. The applicant will be responsible for the extel1sio.11 of utilities for this proposed developmel1t. Sizil1g al1d routing shall be coord.il1ated witll tIle Public W orl(s Department. City COUI1Cil finds that tIle current cOl1figuratiol1 of tIle adjacellt streets and tIle anticipated wide.nillg of Meridiall Road in this area should be adequate to serve this site into the future. The applicant alld/or future pro.pel1y OWllers will be required to pay par.k al1d l1ighway ilnpact fees. 0.11 February 8,2005, ACHD approved tllis developluel1t with site-specific and standard conditions. Please review tIle ACHD report and cornlnents at the end of tl1is report for additional infollllation. regarding this fi.nding. On January 28, 2005, a jOitlt agellcy/depali1nent cormnents lneeting was l1eld witll represel1tatives of key service providers to tllis propeliy. The Meridian Fire Department l1as concerns Witl1 serviceability of this site, as fire 11ydrants near tllis site lnay not be located in accordance with the Illter11ationaI Fire Code (all of tIle detailed conditions fi-oln tIle Fire Departlnent and otller agencies/departl11ents are at the el1d of this report). Based on the joint agel1cy/department Ineeting and other (". . COlnments received from agencies/deparunents, City Council finds that the public services listed above can be made available to acconunodate the proposed developlnent The COlnmission and Council should referel1ce any writtel1 al1d/or verbal testimony submitted by allY public service .provider, regarding their ability to adequately service this project. H. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; If approved, the develo.per will be financing the extension of sewer service, water service, local street infrastructure, al1d all utilities to serve the project. Other required site improvelnel1ts will be funded and constructed by tIle developer tlu.ough the .platting process. TIle .prilnary public costs to serve tIle future residents will be fire, police and sellool facilities and services. City Council fillds t11at changing tIle zo.ning of tllis site and allowing four ho.mes to be COllstructed will not cause excessive additional requirelnents at public cost. City COUllCil also finds that the rezoning of this site to O-T will not be detrimental to tIle comlTIunity's economic welfare. I. Will the proposed uses not involve uses, activities, processes, materials, equipment and conditions of operation that ,"viII be detrimental to any persons, property or the general \velfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; City Council finds tl1at the proposed reZOl1e al1d tIle d.evelopluent of single-faluily .homes on tl1is site will 110t involve uses that will create 11uisal1ces tllat would be detrhnelltal to tIle general welfare of the surroundil1g area~ ACHD projects tllis developlnel1t will gellerate 18 ad.ditiol1al vehicle trips per day. City Council recognizes tIle fact that traffic and noise will increase with tIle approval of this subdivision; 110 wever, City Council does not believe that tIle alTIOunt generated. will be detriluental to the general welfare of the .public. City Council does llot anticipate the proposed annexatiol1 and subseq.uel1t uses will create excessive traffic, lloise, slTIoke, fumes, glare, or odors. J. Will the area have vehicular approaches to the property \vhich shall be so designed as not to create an interference with traffic on surrounding public streets; Three vehicular access points are pro.posed for this development. One driveway is proposed to West First Street and two driveways are proposed to Chel1.y Avellue. Both Cherry Avel1ue and West First Street are local roads~ Ifvellicular approaclles are approved to th.e site tllat are designed and. constructed in accordance with ACHD policies, City Council finds that tIle approaclles will not create an /7.-.... . f. -~~ interference with traffic on the surro.unding pu.blic streets. Please review any COIUlnents froIn ACHD for additional il1fonnation regarding this finding. K. Will not result in the destruction, loss or damage of a natural or scenic feature of maj or importance; and Any existillg trees larger than 4" caliper that are removed from tllis site should be luitigated for, per the Landscape Ordinal1ce4 If tIle OIl-site trees are protected and Initigated for, as required .by the Meridian Parks Departlnent, City Council finds that tIle proposed developluent will not result in tIle destruction, loss or daluage of any natural feature(s) oflnajor ilnportal1ce. City Council recommends that the COllllnission and Council reference any public testimony that Inay be presented to detennine wllether or not the proposed developlnent may destroy or dalnage a llatural or scellic feature(s) of major ilnportance ofwl1ich City Council is una wal.e. L. Is the proposed zoning amendment in the best interest of the City of JVlel"idian. (Ord. 592, 11-17-1992)" For tIle reaSOl1S listed in tIle findings above, City COUllCil finds that tIle rezoning of this property would be in tIle best interest of the City. ~..... . C. . EXHIBIT F Serendipity Place Subdivision PFP-04-009 Preliminary/Final Plat Findings Sections 12-3-3 J.2 al1d 12-3-5 D read as follows: "In determining tIle acceptance of a proposed subdivisio:n, the COlTIlnissionlCouncil s:hall COl1sider tIle 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 proposed applicatio.n is in substantial cOffi.pliallce with the adopted COlnprehensive Plan~ (See Rezone Analysis "A" above for more il1formatiol1. ) B. The availability of public services to accommodate the proposed development; City Co.uncil finds that pu.blic services are available to aCCOffilTIodate tIle .proposed develo.p.1nent. (See finding "G" under .Rezone Analysis for .more detaiL) c. The continuity of the proposed development with the capital improvement program; Because the develo.per is installing sewer, water, al1d utilities for the developlTI.ent at their cost, City Coun.cil finds tllat tIle su.bdivision Wil1110t require the expellditure of capital il11provement funds. D. The public financial capability of supporting services for the proposed development; City Councilllas relied upon COllllnents fr01TI tIle pu.blic service providers (i.e~ - police, fire, ACHD, etc.) to detennine tllis finding. (See finding "G" under Rezone Analysis above, and the Age.ncy COlnme.nts alld Conditiol1S at the el1d of this report for :m.ore 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 ellvirorunental pro.blems associated witll the develoPlnent of this su.bdivision tl1at sllould be brought to the Councilor COlTIlnission's attention. ACHD considers road safety issues in their analysis; ACHD staff has approved tllis su.bdivision, with co.nditions. C. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the matter of a request to Rezone 0.27 acres from R-4 to Q-T (Old Town) AND for Preliminary/Final Plat approval for four single-family residential lots, by Susan Howard Case No(s): RZ-04-016, PFP-04-009 For the City Council Hearing Date of: MarcIl 15, 2005 A~ Filldings of Fact 1. Hearing Facts a. A notice of a public hearing was published for two (2) consecutive weeks prior to tIle City Council.public hearing, tIle first .publication appearing and written notice mailed to .property owners or purc:hasers of record within three h.undred feet (300') of the external bo.undaries of the property. TIle notice of public l1earing before the City Council was posted upon the property under consideratioll1llore than o:n.e week before said 11earing. All otller noticin.g was done consistent wit}l Idal10 Code 967- 6509. The matter was duly considered by the City Council at tIle MarcIl 15, 2005, .public l1earil1g(s). The applical1t, affected .property owners, and govemlnel1t su.bdivisiol1S providing services within tIle planning jurisdiction of the City of Meridian were given full opportunity to express COlTIlnents and subtuit evidence. b~ Written. and oral testitTIony was received on tl1i.S Inatter, as reflected in the record.s of the City Cler.k (for wnttel1 testilTIo.ny) and in the official1neetil1g Ininutes (for oral testilnony). c. The Planl1il1g and. Zoning CO.lumission cond.ucted a public l1earing and issu.ed a written reCOlTIlnendation on the su.bject luatter to tIle City Council. d. T.he City Councillleard and took oral and written testirTIony and duly considered the evidence and the record. in this matter. 2.. Process Facts a. There has been cOlnplial1ce with all notice and hearing requirelnents set fort11 in Idallo Code ~67-6509, 6512, and Meridian City Code ~9 11-1.5-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and tIle Affidavit of Publication and Proof of Posting filed with tIle staff report~ 3. Application and Property Facts a. In. ad.dition to the application and property facts .ooted in the staff report al1d tIle Planning & Zo.ni11g Recoffiluendation for the su.bject application(s), it is .here.by CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-04-0 16 / PFP-04-009 - PAGE I Of 4 ('.:~'.... . verified that the property owner(s) of record at the tilne of issuallce of these findil1gs are Mark and Darcy Manwaring~ 4. Required Findings per Zoning and Subdivision Ordinance a. See Exhibits E and F for the fil1d.ings required for t]lese applications. B. COl1clusions of Law 1. T.he City of Meridian sllall exercise the powers conferred upon it by the "Local Land Use Planl1ing Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.e. 967- 6503). 2. The Meridian City Council takes judicial ll.otice of its Z011ing, Subdivision al1d Developluent Ordinances codified at Titles 11 and 12, Meridian City Code, al1d all current zoning maps thereof. The City of Meridiall has, by ordinance, established the Impact Area and tIle A.mend.ed Comprehensive Plan of the City of Meridian, which was adopted August 6,2002, Resolution No~ 02-382 and Maps4 3. TIle conditio.ns shall be reviewable by the City Council pursuant to Melidian City Code 9 11-17 -9. 4. Due COllsideration llas .beel1 given to the comment(s) received froIn the govermnelltal subdivisions providing services in tIle City of Meri di all planning jurisdiction. 5. It is found public facilities and services required by the :proposed develoPlnent will 110t ilnpose expense u.pon the public if the attacl1ed conditiol1S of approval are ilnposed. 6. That the City l1as granted an order of approval in accordance with this Decision, Wl1ich sIlalI be signed by the Mayor and City Clerk and tllen a copy served by the Clerk upon the ap.plicant, the Plaruling and Zoning Department, tile Public Works Departlnent and any affected party requestillg notice. 7. Tl1at this approval is subject to the Legal Descri.ption in :Exhibit A, the Preliminary Plat dated Decelnber 15, 2004 as shown ill Exhibit B, tIle :Final Plat dated Deceulber 16, 2004 as shown in Exhibit C, and tIle Site S.pecific and Standard Co.nditio:ns in Ex:hibit D4 The conditions are conclu.ded to be reasol1able and the a.pplicant sllalllneet suetl requirements as a co.ndition of approval of tIle application. c. Decisio.n and Order Purs.uant to the City Council's authority as .provided in Meridian City Code S 12-3-5 and based UpOll the above and foregoil1g Findings of Fact Wl1ich are herein adopted, it is 11ereby ordered that: 1. TIle applicant's Prelilninary Plat as evidenced .by havin.g suhlnitted the Prelilninary Plat dated DeceJnbe~ 15, 2004 is hereby conditionally approved; CITY OF lvlERlDIAN FINDINGS OF FACT~ CONCLUSIONS OF LAW AND DECISION & ORDER CAS E NO(S). RZ-04-0 16 / PFP-04-009 - P AG E 2 Of 4 (:.;.......~ (~~~'..... : 2. The applicant's Pinal Plat as evidenced by having sub.1nitted. the Final Plat dated Decelu.ber 16, 2004 is l1ereby conditionally approved; and, 3~ The Site Specific and Standard Conditions are as shown in Exhibit D. D~ Notice of Applicable Time Lilnits 1. Notice of Twelve (12) Mo.nth Preliminary Plat Duration Please take notice that within one year after written a.pproval by the Council, a final plat shall be filed with the County Recorder; othelwise, such a.pproval shall become null and void, unless prior to said ex.piratio.n date an extension of time is ap.plied for by tIle applicant and granted by the COUI1C.i1. The COUI1CiI may authorize an extension 0 the final plat for a period not to exceed one year froIn the end of tIle original OIle year period~ (MCC 12-3-8.) E. Notice of.Fillal Action. al1d :Right to Regulatory Ta.kings Analysis 1. The Applicant is ]lereby 110tified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. SUCl1 request m.ust be in writing, alld lUUst be .filed with tIle City Clerk not lnore tllan twe.nty-eight (28) days after tIle final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the titne period within w.hicll a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of tIle governing body of the City of Meridian, pursuallt to Idallo Code S 67-6521 an affected person being a persoll who has all interest in real property Wllich Inay .be adversely affected by the issuance or d.e.nial of tIle co.nditional use pel1nit approvalluay within twenty-eight (28) days after tIle date of this decision an.d order seek a judicial review as provided by Ch.apter 52, Title 67, Ida.ho Code. F. Exllibits :Exl1ibit A: Legal Description Exhibit B: Approved Prelilninary Plat Exhibit C: Approved Fillal Plat Exhibit 0: Site Specific and Standard Conditions Exhibit E; Zonin.g Amendtnent Findings Exhibit F: Prelilninary/Final Plat Findings By action of the City Cou.ncil at its regular meeting held on tIle mil//. cA /' , 2005. I .- /.c:,f'~ / day of COUNCIL M:EMBER SHAUN WARDLE VOTED CITY OF M ERI DI AN FINDINGS OF FACT, CONCLUSIONS OF LAW AN 0 DEeI Sf ON & ORDER CAS E NO(S). RZ-04-0 16 / PFP-04-009 - PAGE 3 Of 4 ./~ .. (: COUNCIL MEMBER CHRISTINE DONNELL VOTED COUNCIL MEMBE:R CHARLIE :ROUNTREE VOTED COUNCIL MEMBER KEITH BIRD VOTED MAYOR TAMMY de WEERD (TIE BREAI(ER) VOTED - Attest: al1d City Attorney. ~ Dated: 4 - J -oS By: ~ ity Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSrONS OF LAW AND DECISION & ORDER CAS E NO(S). RZ-04~O 16 I PFP-04-009 - PAGE 4 Of 4 (. EXHIBIT A Serendipity Place Subdivision RZ-04-0 16 Legal Description RI~-Zf) \~ r..: r)I<S(~j{ll):J~r()N J7 (~) R S f~ 1~.t~.N I) [ P 1.1 ~ 'If }) I ; /\ (...~ t< S l) 1~ I) I \.:.IS I (~) f\( 1. t;::l'n.d)~~r l.5: 2.~f}~ ~ A Pi\ECLL. ul- LAND LOCATLl.l IN.j Hr, Nf.Hrn-fLAST In (JF SEC.'T"lON 12~ TOVlNSHfP.~ NORTH, R.ANC.;E i V./LS'L BOISL. ~IFRrnlAN, \H'lUDL\N. Al\\ COl..,i\TY. IflABel, Bl<INfi \toRr [) /\ 1{ l. [( - f.. ~ J . /\ R f . ).~ t") f ~- Sf ~ [{ ll{ L~: [l I~\ S f~ (". t r . f . (-) \\.~ S : CO'l\HvfFNCf:'\(j AT THF NOHTHbASl CORNt-:R OF SI',C nON 1:', l...~ N : l{_.: \v.~ B.rYt~ TULNCL S O(f.'20'3U" L "i04L9h I;f..J~.1 ALON(; lHE. EA.Sl f.INL UF SAID SECTION 12 TO A porNT Af THL E\TFRSLCTfOI'\ OF N. i\JL.RH.Ht'f\ Snn~..FI AND \V. j\,.L\PJJ-: AVT:NT..lE, THFJ\('F ~ g'F4f)'3(l" \V 316 on FFI.~:T ALONe; .J flL CEN"l"FRrJNE OF \v. ~.L\PLE ,~VENUE. TU i\ POINT AT .j.liE INlFj~SF{'Tf(}N OF SAID \v. ~\-'f:,\pr..F. r\V~.:.NIJL .ANn \V. FIRST STRFET. TIIE.\JCT. S OU''20'3.(I'' E-.. 20{IJJf} rl~ll: I" AI JJNU THE CFNTFRLlNL OF \V. FJHST STIH.:FT TO A POINT~ THI-. REAL POINT ()F BECINNL\(; OF rIflS DFSCl,~IPTION~ lH F.NCF CONlIN! !IN(l S OO"'!2ff30" F l';'lJH) FFJ--""{ ALO:\fi SAID ('fiN I LH l..lNt TO A POf7\:l l'd Ii. II,. fNTEH.SLJ' nON ()r \'1 FIRS."!" STREET AND \v. Ct--{Fl~ I<Y A VLNt.!L~ TH ENe E S 0Q<">';Pi' .~)'. \V 1 x~~JH) 1'T. L.l r\ L(>Nn t J H'. C EN I Ll{ tIN L or \v. en FRR t.. A v ENFE TO i\ F' f } f !\ rr. ~ lH 1<\<."1'. N (If ('10' .~fr' \V A 1..( H\(j F.>\S. j FR LY HCH.i}"'UA h~ \- OF fRj\~ fvH]{ rnll\ N Sl.' H f)J VISION t) 7 ~ (H) J: 1.;.1 ~~. r I (") :\ rJ(} IN. r ~ '- '{ )NTIN tf IN(r -'\ I ..f)N( i SA J!., Sl JHI)lV Is It)N HCH; N ! L\ RV . I.' [L F( H..LO\V I Nt.~: .t. ~ f ~ ~: .\ { ~ f 1. N S ~ r:. 4: · J ~ .. \ j ~. I.. I { J. { H} 11.1 :..1 .I~ . r . r l.) ./ \ I) ( .l t N i" ~ I" I J f :: \ ( ..} ~~ N (i ( r: 2 t~ - ~ f } ~ ~ \ V 2 ~ (H) }: I. ~~ I~: .r. .. j" () ^ F~ ( ) IN. f ~ 1. . I..: /~\ \/ i N {j S /\ II } S l) 1 ~ r) I \f I -~ I ( J N I) ( ".) l ~ N l ):~ t, 'l~ r !- i l-.. f ,. ( J f . I : (. ) \ \' 1 Nt. I.. lHFI\CF N ~~)"":."P}'.~5" I,. 17~U)f) FFFT f"() IIJF REAL PfHNT ()F BEGH\NI!\G OJf TillS [) l_~: S(.: fUI) ..r I(} N ~ (~.() t.~ /r,\ m J N f i {} ..~l J ~..\ (.~ I~ r~:s~ f\.1 (") t{ l.~ ClI< f. f~: ss ., f.l ~. Yrl"" .J) j \ \, <j" h i'~ ~7;! ./ .......-: tl to I (. i t,;;.1'. p ; J t-''- f/ $:. i... :.) ,.; ~~?~ ~r.U A t~ PuBLI(~ ~j~;n~S fj(PT : . ... .. .. .. : . .:...:. ~.. . : : : ~ ~:' '!: ~~) ~.~ r. r: ~ ; ~: . ~ ~ ~ r\ ;~i ..~~-::-::. .~.~ :'h EXHIBIT B Serendipity Place Subdivision PFP-04-009 Approved Preliminary Plat :- :-..~.~ .V" " ~"..~d~ .E/'~':i:', ~ ,. ~ ",.,.'J '<~ j <~ :j ~ ~~ " "'~ ;:~..': t ., -: . NrI U : :; .: ~::' f: ~:' ~ ~:/~ f' . . ............ ~.( . . ..... .--..... '. "~"""""""""".".'. . : .' ;;.. .::::-: :;. :.:~ t~ :. . ?{i:,~ f .~:: ~.~~~~. f.:~~~ . \<.:.: . ^:~:.~ ~.~ -:;.:;. ^:.- ~~^~. ;..... .....:::.~.. . :~~~ ?;;<>;;. .~.~ ~:::---= -=:. ~:;.:..,- t.(~;f~fl~~~;~1;~~%~~ . . -: ..~. :-:-..... .. ........ ...... .-.:-. ..... .;..;;..~-:^::. ~: ..'~~:.;:~::.' l.{~~:~~~ ~,:,~" ,~~~ ';~.~ : ::. '.~.~.:... ~ .:...::..~. ~.: . . ~. , ::;^;~ ~~.:; ;X.;{:: ? .: :, .~ ' ';':.::.. -:-:~: ~ .. . ~::=.!=::'^ . . .-:r.oi..... : .- '~:'. ': ~. :".: ~ :"=. ~ : ~ :" . ~ :- f ~ ::: .'i.:' ~ :. ~. ~ : ~ : . ~ .~ .: '.:: ~ ~ ~-' : ~.~"tII::S: r ~:l;~lliD : .""=....~-- ~___x- :....-: . ..... . ~ ~::.....~. ~ ~ -...:- -.~ ..r:-:- ~~ . .. . ;.~.~~! (. ......-.v.-.. . ( EXHIBIT C Serendi.pity Place Subdivision PFP-04-009 Approved Final Plat .....---r ~. . ... ......~......_~_.. ~........ '.. . . '. .. ...... ...... .. . . . .. .. ........-.. . . . .. ... ............... . .. .... ......................................-... . S [:RE>JDiP iT):"" PL; (~. E S l~ D D ~ t/ ~ Sl {j ~~: ~ ~~'. ...J...~ ~~.~. ~.~ ~:~:.:;. :.-r ;~~:.;~ .<'/: .'.: ..,. ':.. :~: ~ 1- 0.~ ~? . ~<~ .... ":" .-i..::......; ../.... .:. -.; :.-: -=.: -:-:: ,:", : .-. rI' rI' .. :-:e- ~ "S" -:- ~ .. .'.~ ..1. . ~ ~ ~ : ('. ~; :.:. ~ :: rI'. -.: ':... ... < ~ ~;; ~..; ~ J ~: ~. ~~~ .~:. ~. ~ ~ :. .;.:. ~: ./ :-: . : ~ :-.~.. ': ~ =; ~'.:~;: ~ ~~ 2 !- (? ~ ::.;~ ~~+-:..:.:~.~~~:'. :'_l~.~~~~tI,~.:~~,~l.~1 ",...:.! .,., t ~! . /. , .. n n .n._ :; ~-".., . '0, ~~; ,;'I . ! >'1 ~! . .;~;;'Ddk,~ >!x:s , f~ f>: : ! . .., . .:. ..,.. ,~,' n' : ~ _ , ... ..... _.."n..... --J-, ,_.<:~,. - ,. --- Pni.j"i~~~~~~.~" -+>. _. <~_.-.J -: ~....-: : .:.'t.........:-: :-" :. -: :.:: ::.... .::-::--...:.-...:.:...... _ . ....: : _:_.. i;. '. ~.:.~..... ~ ~~ ~~'" .... ~ ~ '~:' '.~ -:: :..:. ...."8:~:..~... : . -:: / -i-"~; ....... "~,.:'" ':^ ~ : ~ -i-:;":" :'. ~ . ~ . ~ .::- .: :.~: ~ : ~ . . .~ :-::-:: ::~ ~:: ...... ~ .... ':-~:::.~ -. .:..-:. ~ /.~ .... .:;: ~ ;" :-.....=;;..:~~~ .:---:~~~'.~;~ ~..~ ~: ~ .~ ~::? ~ :. :....:.::.: ~. i : ~:.::j.. .~~/~ ~" .:-..--=.: .~>:; ~:...: ':.::~::~\~:.:- ~~ ~~~. .:. ~~~: ":":. ~.~: L' G ~~.;~~7X::..;~i'~;:.:~'{".~'\<~2~~;~<~;'~~:>:. > .. _n -~ ;r:~~.:~~.'L:r~>:+;;..;,{~~<.>>:~~'~. ~:,".::.;>:. ::::.:~';.;. \~" :.: :::.~.'.~~ .~/....>:~~t ~~~ ~~ ~~~:.,:,... .....: .;...: }: :. ~~ ~ ~~::: :~.: ~...~/.:;~~:"}.~:.~~:'.~~~~' ::~:;.~'='::'....: /~.} \J..... ./.,~ ~ :=<< ~. U'~.: ::...:~..;: ~:... ..:: .:.~ .'.~ -~~:.~. ......~.~.. . ~; :; ';/~.:-~.~: ~ ~ .:~.... ~:. ~~"".~':..: ': ~: .' :.~< . ~.~.~: ..~~.~.j ~.:~. .; ~.. .~ . ~ ~.. ~:..~------- I ij t~~ ~~ (T~;::~' ~ .. . .. . . .... . . .. ... . ....... ................................ .. . ---"'"-- . ... . . .. - .-.... ~.. .. . ...r-". . . . .. . ............... . . . ... ....i.,.. . .. . . . ....................-----......................_.. . .'_. . .. .....~.... . . . . . .. ................_. .. .. !.= (:..:... : EXHIBIT D Serendipity Place Subdivision PFP-04-009 Site Specific and Standard Conditions PRELIMINARY/FINAL PLAT SITE-SPECIFIC CONDITIONS 1. All comments of the Rezone (RZ-04-016) ~p.plication shall also be considered conditions of the Prelilninary/FinaI Plat (PFP-04-009). 2. Utilize a COlnlTIo.n driveway for Lots 2 and 3, Block 1. The public street frontage for Lots 2 and 3 , Block 1, lnay be reduced to 15- feet (31.5- feet .proposed)~ A note s.hall be placed on the face of tIle final plat restricting fencing, parked cars or any otIler obstluctiol1 wit]lin the common driveway ease.lnent. Said COITIlTIOn driveway shall be constructed. a minilTIUlTI of 16-feet wide with crushed gravel and asphaltic concrete paving, as required by MCC 12-4-14. 3. :Prior to signature of the fi.nal plat by the City Engineer, all structure(s) (excluding perilneter fencing) on this site shall be reluoved. 1. Underground year rOUl1d pressurized irrigatio.n must be pro'vidcd to all lots \vith.in this de~~'elopmcnt. The City of ~1eridian requires that pressurized irrigation s}'stems be supplied by a ~fcar round source of \vater. T.hc ap.plicant shall be required to utilize any existing surface or Vle]} '[wynter for the priluary source. If a surface or ~l'vell source is not ~rvailuble, a single point connection to the culir~ary \vatcr systeln s]laII be rcquircd~ If a single point cOllnectioll is utilized, tIle dc"/clopcr s11all be res.ponsiblc for the payment of asseSSlncnts for the COlTIlllOn areas prior to signature on the final plat .b)r th.c City Engineer. In lieu of providing pressure irrigation service to each lot, the applicant shall be required to pay a well development fee to the City for each lot. 5. Any tree over 4" in cali.per that is re.lTIoved froIn the property shall be replaced by installing additional trees, .being the equivalent nUlnber of caliper il1ches of trees that were relnoved. Required landscaping trees will not be considered as replacelnent trees for those trees that are removed (MCC 12-13-13-3)~ 6. If pennallent fencing is not provided or is not existing around tIle periln.eter, telnporary constructiol1 fe.ncing to contaill debris must be installed prior to issuance of buildin.g permits~ All fel1ces shall taper down to 3 feet tnaXilTIUlTI witllin 20 feet of all right-of-way~ All fe.ncing shall be installed in accordance with MCC 12-4-10. 7. Unless otherwise allowed by tIle Meridian Fire Departlnent, provide a .hydral1t at tile conler of Cheny A ven.ue alld First Street. f.~. . t:,.. . 8. Sanitary sewer service to this site shall be via service Iille extensions froIn tIle existil1g mains located adjacent to the project. Subdivision design.er to coordinate lnain sizing and routing with tIle Public Works Department. A.p.plicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. Cover o.ver sanitary sewer Inains shall be no less than 3-feet froln finish grade to tIle to.P of the pipe. If cover is less than 3-feet froln the sub-grade to the to.P of pipe, alten1ate pipe Inaterials shall be used per the .Meridian Public Works Deparbnent's Stand.ard Specifications. 9. Do.mestic water service to this site shall. be via service Iil1e exte.nsions from the existing Inains located. adjacent to the project. Subdivision desigller to coordinate main sizing and routing with the Public Works Departmel1t Applicant shall execute City of Meridian standard fonns of easements, for any mains that are required to provide service. 1 o. The following notes on the plat dated 12/16/04, prepared by Briggs E:ngineering, Inc., need to be revised or added: (3.) Remove second se:ntel1ce regarding mlnl1TIUm house sIze (no longer required on plat). (11 ~) Illclude "fencing" and "any other obstruction" to the list of tllings prohibited within tIle common drive ease.ment. 11. Street SigtlS are to be in place, water systelTI s11al1 be approved and activated, fencing installed, drainage lots constructed, road base a.pproved by the Ada COUl1ty High.way District and the Final Plat for this subdivision shall be recorded, prior to applying for building pennits. 12. All developtnent ilu.proveln.ents, includillg sewer, fencing, Inicro-.paths, pressurized inigation and lan.dscaping shall be installed and approved .prior to obtaining certificates of occupancy. 13. A letter of credit or cash surety in tIle aluount of 11 0% will be required for all fencing, landscaping, amenities, pressurized inigatiol1, sanitary sewer, water, etc., prior to signature on the final.plat 14. COlTI.plete the Certificate of Owners and accotnpanying Acknowledgtnent. 15. Coordinate with the Meridian P.ublic Works Departlnent and the Meridian City/Rural Fire Departlnent to detennine fire flow requirelnel1ts. 16. No variances, exceptions or reductions to the City ado.pted dimensional standards or uses are approved with this .preIilninary/final plat application~ AlllninimutTI lot sizes, structure setbacks, alld street frontages sIlall be luaintail1ed. PRELIMINARY/FINAL PLAT STANDARD CONDITIONS OF APPROVAL (.: (.~:"-..: : 1. All grading of the site shall be performed in co.nformance with MCC 11-12-3.H. 2. Sidewalks shall be installed 011 the .perimeter of tIle subdivision .pursuant to MCC 12-13-10-8. 3. A letter of credit or casll surety in the amount of 110% will be required for all fen.cil1g, landscaping, pressurized irrigation, sanitary sewer, water, etc., .prior to signature on the final plat 4. Coordinate fire hydrant .placelnent witll the City of Meridian Public Works Department. 5. The applicant shall coordinate mailbox locations with the Meridian Post Office. 6. Any existillg dOlnestic wells and/or septic systems within tl1is project willllave to .be removed from tl1eir dOlnestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells lnay be used for non-dOlnestic pU1]Joses such as landscape irrigation. 7. Compactiol1 test results must .be subluitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop filllnateri.al. 8. The applicant shall be required to pay Public Works development plall review, and construction il1spection fees, as determined during the plan review process, prior to signature 011 tIle final plat per Resolution 02-374. 9. A.pplicant shall be responsible for ap.plication alld cOlnpliance with any Sectioll 404 Permitting tl1at .may be required by the Arlny Corps of Engineers. 10. Applicant s11all be responsible for application and cOlupliance with and N.PDES Permitting that lnay be required by the Environlnental Protection Agel1cy. 11. Staff's failure to cite specific ordinance provisions or tenns of the approved annexation/col1ditional use does 1l0t relieve the applicatlt of responsibility for cO:lTI.pliance. 12. Final plat approval shall be subject to the ex.piratiol1 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 Ininute available for duration of 2 110urs to service tIle entire project. Fire l1ydrants shall be placed an average of 500' apart. International Fire Code A.ppendix C. .Unless otherwise approved_ .provide a .hydrant at the comer of Cheny Avenue and West First Street i \.. c.. . 2. Acceptance of the water supply for fire protection will be by the Meridian Water DepartInel1t and water quality by tIle Melidian Water Department for bacteria testing. 3. Final Approval of the fire hydrant locations shall be by the Meridian Fire Departlnent. a~ Fire Hydrants shall have the 4 12" outlet face the Inain street or parking lot aisle. b~ The Fire l1ydrant shall not face a street whic.h does not have addresses on it. c. .Fire hydrant lnarkers sllall be provided per P.ublic Works spec. d. Locations Wit]l fire hydrants shall have tIle curb painted red 10' to each side of the h.ydrant location. e. Fire Hydrants sllall be placed on corl1ers when s.pacing pennits. f. Fire hydrants sIlal} not h.ave any vertical obstructions to outlets witllin 1. 0' ~ g. Fire hydrants sIlall be .placed 18" above finish grade. 4. O.perationaI fire hydrants, telnporary or pennanent street signs and access roads witll an all weather surface are required before cOlnbustible conshuctiol1 is brougI1t on si te~ 5. Building setbacks s]laII be per th.e International Building Code for one and two story construction. 6. .Where a portion of th.e facility or buildil1g hereafter constructed or lTIoved into or within the jurisdiction is lTIOre than 400 feet (122 .In) froin a .hydrant 011 a fire apparatus access road, as measured by an ap.proved route aroul1d tIle exterior of the facility or building, on-site fire hydrants and mains sIlaII .be provided where required by tlle code official. For buildings equipped througll0Ut witll an approved autolnatic sp.rinkler system installed in accordance with Section 903.3~ 1.1 or 903~3.1.2 the distal1ce requirelnent shall be 600 feet (183). a~ For Group R-3 and Group U occu.pancies, the distal1ce requirelnent sIla!1 be 600 feet (183 m). b. .For buildings equipped thrOUgllout with an approved autolnatic sprinkler system installed in accordal1ce with Sectiol1 903~3.1~1 or 903.3.1.2, the distance requirelnent shall be 600 feet (183 In). 7. All portions of the buildings located on this project lllUSt be within 150' of a :paved surface as Ineasured around tIle perimeter of the building. MERIDIAN PARKS DEPARTMENT 1. Stal1dard for Mitigatioll of trees: The standard esta.blished in the City of Meridian Landscape Ordinance will be followed. (:,... t.; : . 2. Stal1dard .Plal1 for Protection of Existing Trees during Co.nstruction: The standard established in the City of Meridian .Landscape Ordinance will be followed. ADA COUNTY HIGHWAY DISTRICT Site Specific Conditions of Approval 1. No dedication of right-of-way will be required with this application. 2. Relocate any existing irrigation facilities and/or utilities outside of the rigl1t-of- way~ 3. Provide a $3,500 de.posit to the .Public Rights-of-Way Trust FUlld for the cost of tIle roadway improvements o.n 1 sl Street prior to District approval of a final plat. 4. Construct OIle residential COffilnon d.riveway, 16-feet wide, on West Cl1erry Ave.nu.e located 63-feet west of tIle east pro.perty lil1e and a second driveway, 9- feet wide, located 19-feet east of the west property litle as :proposed. 5. Construct one driveway, 20-feet wide, on 1 sl Street located 46-feet 110rth of tIle edge of pave.ment on W. Cllerry Avenue. 6. Pave the driveways tlleir full width and at least 3D-feet into the site beyond the edge of pavelnel1t of the roadway and install pavelnent tapers with 15- foot radii abutting tIle existing roadway edge. Standard Conditions of Approval 1. Any existing irrigation facilities s11all be relocated outside of the right-of-way. 2. All .utility relocatioll costs associated with improving street frontages abutting t]le site s11al1 be borne by the developer. 3. Replace any existi.tlg dalnaged curb, gutter and sidewalk and any that may be damaged d.uring the construction of the proposed developlnent. Contact Construction Services at 387-6280 (with file nUlnber) 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 nUlnbers) for details. 5. All design and constructio.ll shall be in accordance witl1 tIle Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures al1d all applicable ACHD Ordinal1ces unless specifically waived 11erein~ All e.ngineer registered ill the State of Idaho shall prepare and certify all improvement plans. {-. . c. 6. The applicant shall subtuit revised plans for staff approval, prior to issuance of building permit (or otller required permits), Wllich incorporates allY req.uired design cllanges. 7. Constructio.n, use and property development shall be ill confonnance with all applicable requirelnents of the Ada County Higllway District prior to District ap:proval for occu.pancy. 8. Pa)'lnent of applicable road. impact fees are required prior to building construction in accordance with Ordi.nance #200, also know.n as Ada County Higllway District Road JIll.pact Fee Ordinance. 9. It is the respollsibility of the applicant to verify all existin.g utilities withil1 the right-of-way. The ap.plical1t at no cost to ACHD sIlall repair existing utiliti.es damaged by the applicant. The ap.plicant shall be required to call DIGLINE (1- 800-342-1.585) at least two full business days prior to breaking ground within ACHD rigllt-of-way. The ap.plicant shall contact ACH.D Traffic Operations 387- 6190 ill the event any ACHD con.duits (spare or filled) are cOlnproluised durin.g any pllase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by tIle applicant or tIle applicant's autllon.zed representative and an autllorized representative of the Ada County Higllway District. The .burdell shall be upon the applicant to obtain writte.n confil1natiol1 of allY chal1ge froln the Ada County Higllway District. 11. Any c11ange by tIle applicant in tIle .planl1ed use of tIle property Wl1ich .is the subject of this ap:plication, shall require the ap.plicant to cOlnply witll all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at tIle tiIne tIle ~pplical1t or its successors ill il1terest advises the Higl1way District of its intent to c11ange tIle .planl1ed use of tIle subject propelty unless a waiver/varial1ce of said requirements or other legal relief is granted pursuant to the law -in effect at the tilne the cllange in use is sought. CENT:RAL DISTRICT HEALTH DEPARTMENT 1. This proposal can be a.pproved for central sewage & ce.ntral water after written approval froIn ~ppropriate entities is sublnitted. 2. TIle Applicant's central sewage and central water plans must be subtuitted to an.d approved .by tIle Idal10 DepartInel1t of Health & Welfare, Division of Envirorunental Quality. 3. Run-off is not to create a lTIosquito breeding problem. 4. Stonnwater sllaIl be pretreated tllrough a grassy swale prior to discl1arge to tIle subsurface to prevent ilnpact to groul1dwater alld surface water quality. (. . . (<~.....: 5. The Engineers and architects involved with the design of the subject project shall obtain current best Inal1agement practices for stonnwater disposal and desigll a sto.rmwater management systelTI that preve.nts grou.ndwater and surface water degradation. c EXHIBIT E Serendipity Place Subdivision .RZ-04-0 16 Zoning Amendment Findings According to Ordinance 11-15-11, Gen.eral Standards Applicable to ZOlling Amendlnents, .both the P&Z Comluissiol1 and Council are required "to review the particular facts and circumstallces of each proposed zoning aluendment in tenus of the followil1g standards and sIlaII find adequate evidence answering the following questions about the proposed zo.nin.g alnendlnent" TIle following is the list of standards found in 11-15-11 and analysis .by City Council: A. Will the ne\v 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 2002 COlTI.prehellsive Plan Future Land Use Map desigl1ates the subject pro.perty as "Old Town". In Chapter VII of the COlnprehensive Plan, Old Town uses will include a variety of residel1tial uses .il1Cludillg reuse of existing buildin.gs for residential uses, new construction of lTIulti-family residential over grout1d floor retail or office .uses. Furt.her, the purpose of the req.u.ested 0- T district is to accomlnodate and encourage further expansion of the 11istorical core of tIle cOln.mu.nity; to delin.eate a ce.ntralized activity center and to encourage its renewal, revitalization alld growth as the public, quasi-.public, cultural, financial al1d recreational center of the City~ A variety of theses uses integrated with general business, Inedium-lligll to high density residential, and other related uses is encouraged in all effort to .provid.e tIle appro.priate mix of activities necessary to estab.lisl1 a truly urban City center (MCC 11-7-2.L). City Council finds tllat tIle requ.ested Q-T ZOllil1g generally conforms to the stated pu~pose and intent of tIle Old Town designation within .MCC and the COlTI.prehel1sive Plan~ In additiol1, in the applicant's cover letter several COlnprellensive Plan policies are listed, Wl1ich S"upport the rezone and proposed residential use of the .property. City Council finds the foIlowin.g Goals, Objectives, and Acti.on itelTIS COlltained in the 2002 COlTI.prehellsive Plan to .be applicable to this application: · "Ellcourage intil1 development in. vacant/underdeveloped areas within tIle City over fringe area development to halt tIle outward :progression of urban development~" (Cllapter V, Goal I, Objective A~3) This is an intill parcel that is currently receiving city services. Redeveloplnellt of this :parcel will allow for additional llousing units close to establislled schools, cOlnmercial services, and the downtown core~ ( c. · "Promote and strellgtl1en hig.h density residential development in and around downtown" (Chapter V, Goal II, Objective A, Action iteln 5) City Council is su.pportive of the proposed :h.igller density residel1tial developlnent in downtown. · "Develop standards for integrating Inediuln-to-lligl1 del1sity residel1tial into existil1g subdivision developluent" (Cha.pter VII, Goal I, Objective C, Action itelll 2) The applicant is utilizing a COllUTIOl1 driveway to meet the street frontage requirelnel1ts for two of the proposed lots, a COffilTIOn method of getting higher density residential projects approved in existing residential areas or subdivisions~ · "Support a variety of residential catego.nes (Iow-, mediuln-, and high-density single-family, m.ulti-family, townllouses, duplexes, apartlnents, condominiums, etc.) for the purpose of providing the City with a range of afford.able housing opportunities." (Chapter VII, Goal IV, Objective C, Action itelTI 1 0) City Council is S"upportive of the higher density develo.ptuent :proposed for tllis area. The proposed ho.using type (single-family attaclled), provides a greater variety ofllousing op.portunities than currently exists in this area. · "Locate hig.h-density development~ where possible, near open space corridors or other pennallel1t Inajor opell space and park facilities, Old Town, al1d near .major access tlloroughfares." (Chapter VII, Goal V, Objective A, Action itelTI 14) The subject developlll.ent lies within the Future Land Use Map boundaties of 'Old Tow.n'. The subject site is ap.proxitnately 500-feet north of Meridian Elelnentary, Wllich.llas o:pen space and playgrou.nd facilities. Meridian Road, a .major access thoroug.hfare, is approxilnately 325-feet to the east. · "Consider "ACCOlTIlTIodating :Bicycle and :Pedestrian Travel: A Recomlnel1ded Approacll" frOll1 the .N ational Center for Bicycling and Walking in all land use decisions." (Chapter VI, Goal II, Objective A, Action itelll 3) This publication ellcourages jurisdictions to establish bikeway and walkway facilities in new constructiol1 and reconstructioll projects, in a Inalmer that is safe, accessible and convenient. First Street :is included in the ACHD Five Year Work Program to be improved in 2007 wit]1 curb, gutter and sidewalk~ ACH.D is requiting the applicant to road trust for sidewalk on West First Street abuttil1g tile site. Sidewalk currel1tly exists on Cherry Avenue abutting tIle site~ (r .... City Council finds that zOlling this property to 0- T will be harmonious witll and in accordance with the Comprellensive Plan. B.. Is the area included in the zoning amendment intended to be rezoned in the future; If the subject rezone application is ap.proved, City COUI1Cil does not anticipate that the applicant intends to rezone the subject property in. tIle future. c. Is the area included in the zoning amendment intended to be developed in the fashion that would be allowed under the new zoning - for example, a residential area turning into commercial area by means of conditional use permits; In the applicant's s.ublnittalletter, it is stated that the subject property is intel1ded to .be used for residential purposes. CUITently, the only (principally) penn.itted uses in the O-T zone are single-family 1101nes, libraries, churches, and In.useums. All otller uses in the 0- T Z011e, tllat are not prollibited, require separate Conditional Use .Permit approval. City Council finds tllat the area included in. tIle subject zoning amelldment is plalUled for developtnent in a fasllion that will be allowed und.er the new zoning (si.ngle-falnily). 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; TIle gel1eraI vicinity of t11is :project is cllanging rapidly. III this area tllere are several otller parcels that have/are/will be converting troIn sil1g1e-family residential to lTIulti-falnily, office al1d retail cOlnlnercial uses. On Cllerry Lane, between Meridian Road and :Linder Road, and alon.g Meridian Road in this area, there are Inany s-ites that have cOIlverted to office and cOffilnercial uses. Although the Inajor arterials in tl1is vicinity (Cllerry Lal1e, Meridian Road, Main. Street) have not beell widened recel1tly, ilnprovelnents are expected once the Downtown Tral1sportation Managelnent Plan is ado:pted, ilnplemented and funds are available through ACHD. City Council fil1ds tllat rezoning this site to 0- T is consistent with other land uses a.nd anticipated facility changes in tIle area. E.. Will the proposed uses be designed, constructed, operated and maintained to be harmonious and appro.priate in appearance with. the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; City COUI1Cil finds that tIle proposed 0- T zOlling and subsequent single-fatuily residential uses proposed in the .preliluinary/fillal plat a.pplication are consistent {;o \ho 0 (':."..:.: . ..: . with the intended character of the vicinity, as depicted on tl1e Future Land U.se Map. City Co.uncil also finds that the proposed zoning/uses can be designed and constructed in a manner that will be harmonious with and. appropriate in appearance with the existing and intended character of the surrounding area. Although there will be an ilnpact of the subject developlnent on the existing character of the area, City Council. finds that tIle impact is consistent with the intended cllaracter of the area; a .mix of single-falnily, rnulti-falnily and cO.ffilnercial.uses. F. Will the proposed uses not be hazardous or disturbing to existing or future neighboring uses; If all tIle conditions outlined in this report are cOluplied with and construction traffic and house construction is conducted. ill a manl1er consistent witll City Code, City Co.uncil finds that the use of this site for fo.ur residential dwellings should not be l1azardous or disturbing to existing or future neigl1boring uses. TIle COlTIIUission and Council sh.ould rely on .public testimo.ny (ora] or written) to deterlnine whether the proposed 0- T zoning will be disturbing or hazardous to the neighboling reside.ntial uses. G. Will the area be served adequately by essential public facilities and services such as high\vays, streets, police and fire protection, drainage structures, refuse disposal, water, selver or that the person responsible for the establishment of .proposed zoning amendment shall be able to provide adequately any of such serv.ices; All essential public facilities and City services listed above currently serve this site. T.he applica.nt will be responsible for tIle extension of utilities for this proposed develo.pment. Sizing and routil1g shall be coordillated with the Public .Works Departlnel1t. City COUI1Cil finds tllat tIle current configuration of tIle adjacent streets alld tIle anticipated widel1ing of Meridian. Road in this area should be adequate to serve tllis site into the future. The applicant and/or future :property owners will be required to pay park and .higllway iln.pact fees. On Fe.bruary 8,2005, ACHD approved this developlnent with site-specific and standard conditions. Please review tIle ACHD report and comments at the end of this report for additio.nal informatioll regarding tllis fil1dil1g. 011 January 28, 2005, a joint agency/departlnellt conunel1ts meeting was held Witll representatives of key service providers to this property. The Meridian Fire :Department has concerns with serviceability of this site, as fire hydrants l1ear this site Inay not be located ill accordance with the Intelnatiol1al Fire Code (all of tIle detailed conditions from the Fire Departlnent al1d otller agencies/depamnents are at the end of this report). Based on the joint agency/departm.ent meeting and otller /~. .. t- ..... co:rn.ments received from agencies/departme.nts, City Council finds that tIle public services listed above can be made available to aCCOffilTIodate tIle .proposed developtnent. The Conunission and Council s110uld reference any written and/or verbal testilTIOny sub.mitted .by any .public service provid.er, regarding their ability to adequately service this proj eet. H. Will not create excessive additional requirements at public cost for public facilities and services and will not be detr.imental to the economic welfare of the community; If approved, the developer will be final1cing tIle extension of sewer service, water service, local street infrastructure, and all utilities to serve the project Other required site itnprovements will be funded and constructed by the develo.per tlrrougll tIle platting process. The .primary .p.ublic costs to serve the future residents will be fire, .police and school facilities and services. City Council finds that changing the z011ing of this site and allowing four llolnes to be constructed will .not cause excessive additional requirelnents at public cost. City Council also finds that tIle rezoning of this site to O-T will not be detrilnental to the community's econolnic welfare. .I. Will the proposed uses not involve uses, activit.ies, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive .production of traffic, .noise, smoke, fumes, glare or odors; City Council finds that the proposed rezone and the development of sillgle-falnily 1101nes on this site willllot involve uses that will create nuisances that would be detri.m.elltal to tIle general welfare of the surroundillg area. ACHD projects this d.evelopluent will gellerate 18 additio:nal vehicle trips per day. City Council recognizes the fact that traffic and noise will increase Wit!l the approval of tllis subdivision; 11owever, City COUI1Cil does not believe that the alTIOunt generated will .be detritnental to the general welfare of tIle :public. City Council does not anticipate the pro:posed annexat.ion and subsequel1t uses will create excessive traffic, noise, slTIoke, fulnes, glare, or odors. J. Will the area have vehicular approaches to the property which shall be so designed as not to create an interference \vith traffic on surrounding public streets; Three vehicular access points are proposed for tl1is develo.pment. One driveway is pro.posed to West First Street and two driveways are proposed to Cherry Avenue. Both Cherry Avenue and West .First Street are local roads~ Ifvehicular approaches are ap.proved to the site that are designed and COllstructed in accordance with ACHD policies, City Council finds that the approaches will not create an ( .. (~..~... , interference with traffic on the surrounding pu.blic streets~ Please review any CO:ln.1nents froln ACHD for additional il1formation regarding this fil1ding~ K.. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and Any existing trees larger than 4" caliper that are relTIoved from this site should be Initigated for, per the Landscape Ordinance. If tIle on-site trees are protected al1d .luitigated for, as required by the Meridian Parks Department, City COUI1CiI finds that tIle proposed development will not result in the destruction, loss or dalnage of any natural feature(s) of.major ilnportance. City Council reco:mlnends that the Comlnission and Council reference any public testimony that Inay be presented to detennine whether or not the proposed develo:pment Inay destroy or dalnage a .natural or scenic feature(s) ofluajor ilTI.portance of which City Co.uncil is unaware. L. Is the proposed zoning amendment in the best interest of the City of Meridian. (Ord. 592, 11-17-1992)" For the reasons listed in tIle findings above, City Council finds that the rezonil1g of this pro.pertv wo.uld be in tIle best interest of the CitV4 (~,.::...:: EXHIBIT F Serendipity Place Subdivision PFP-04-009 Preliminary/Final Plat Findings Sections 12-3-3 J~2 and 12-3-5 D read as follows: "In determilling tIle acceptance of a proposed subdivision, the COlnmission/Council shall consider the objectives of this title and at least the following: A. The conformance of the subdivision \vith the Comprehensive Development Plan; City Council finds that the proposed application is in substantial compliance with the adopted COluprehensive Plan. (See Rezo.ne Analysis "A" above for lTIOre information. ) B. The availability of public services to accommodate the proposed development; City Council fil1ds that public services are available to aCCOlTIlTIodate the pro.posed developlnent. (See finding "G" .under Rezone Analysis for lTIOre detaiL) c. The continuity of the proposed development with the c3.pital improvement program; Because tIle developer is installing sewer, water, and utilities for the develo.pment at tlleir cost, City Council fillds that the subdivision will not require the expenditure of capital itnprovement funds~ D. The public financial capability of supporting services for the proposed development; City Councilllas relied upon COlnments froln tIle public service providers (i.e. - police, fire, ACHD, etc.) to detertnine this finding. (See finding "G" ul1der ReZOl1e Analysis above, and the Age.ncy COlTIlne11ts an.d Conditions at the e.nd of this report for more detail.) E. The other health, safety or environ.mental problems that may be brought to the Commission's attention. City Council is 110t aware of any health, safety or environluental problelTIS associated witl1 tIle develo.Plnent of this subdivision that should .be brought to tIle Councilor COlnlnission's attel1t:i.on. ACHD considers road safety issues in their analysis; ACH.D staffhas approved tl1is su.bdivisio.n, with conditio.ns~ ; J (: (' CITY OF MERIDIAN FINDINGS OF FACT, CONCLU.SIONS OF LA WAND DECISION & ORDER In the Matter of a Request to Amend the Preliminary Plat for Phases 7 & 10 of Saguaro Canyon Subdivision (PP-03-032) consisting of 21 single family residential building lots on approximately 6 acres in a .R-4 zone by Far West, LLC. Case No. PP-05-001 For the City Council Hearing Date of: March 15, 2005 A. Findings of Fact 1. Hearing Facts a~ A notice of a .public .healing was pu.blislled for two (2) consecutive weeks prior to the City Council p.ublic hearing, tIle first publicatio.n appear.ing and written notice Inailed to property owners or purcllasers of record. within three .hundred feet (300') of the external boundaries of tIle property. The 110tice of public hearing before tIle City Co.unci] was posted upon th.e property utlder consideration Inore than one week before said l1earing. All otller noticing was done consistent with Idaho Code ~67- 6509. The luatters were duly considered by the City Council at tIle March 15, 2005, pu.hlic hearing. The applicant, affected property OWl1ers, and government subdivisions providing services withil1 the .planningjurisdictio.n of the City of Meridian were given full opportunity to express CO"lTIlnents and sublnit evidence. .b~ Written and oral testimony was received on this Inatter, as reflected in the records of the City Clerk (for written testimony) and in the officiallneeting Ininutes (for oral testimony). c. The PlaMing and Zoning COlTIlUission co.ndu.cted a .public hearing and issued a recoffilnendation for approval to City CounciL d~ The City Council heard and took oral and written testimony and duly considered the evidence and. tIle record in. this Inatter. 2. Process Facts a~ There has bee.ll cOill.pliance witll all notice and l1earing requirelnents set fort], in Idaho Code g67-6509, 6512, and Meridian City Code ~~ 11-15-5 and 11-17-5 as evidel1ced by the Affidavit of Mailillg, and tIle Affidavit of Publication and Proof of Posting filed with tIle staff report 3. Application and Pro:pel1y :Facts 8. In addition to the a.pplication and property facts noted in the staffreport and the PlalUling & Zoning Recolnmendatiol1 for the subject application(s), it .is hereby CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISIO.N & ORDER CASE NO. PP-OS-OO 1 - PAGE 1 O"r 4 (. verified that the property owner of record at the time of issuance of these findings is Far West, LLC. 4. Required Findings per Zoning and Subdivision Ordinances a. See Exhibit D for the findings required for the Prelilninary Plat 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, ldallo Code (.I~C. ~67- 6503)~ 2. TIle Meridian City Council talces judicial notice of its Zoning, Subdivision and :Oevelopment Ordinances codified at Titles 11 and 12, Meridian City Code, and all current zo:ning maps thereof. The City of Meridian has, by ordil1ance, established tIle TIn.pact Area and the Amel1ded COlnprehensive Pla.n of the City of Meridian, w.hich was adopted August 6,2002, Resolution No. 02-382 and Maps. 3. T.he conditions shall be reviewable by the City Council pursuant to Meridian City Code S 11-17 -9. 4. .Due consideration has been give.n to tIle comment(s) received fro:m the govemlnentaI subdivisions providil1g services in the City of Meridian planning jurisdiction. 5. It is fo.und public facilities and services required by the proposed development will not impose expel1se upo.n tl1e public if the attached con.ditiollS of approval are imposed. 6. That the City lIas granted an order of approval in accordance witll this Decisiol1, wl1ich sllall be signed by the .Mayor al1d City Cler:k and tllen a copy served by the Clerk upon the applicant, tIle Planning and Zoning Departlnent, tIle Public Works Departlnent and any affected party requesting notice. 7. That this approval is subject to tIle Legal Description in. Exllibit A, tIle Preliminary Plat dated January 4,2005 as shown in Exhibit B, and the Conditions of Approval ill.Exhibit C. The conditions are concluded to be reasonable and the applicant sllallll1eet 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 w.hic.h are hereil1 adopted, it is hereby ord.ered that: 1. The applicant's Preliminary Plat as evidenced by l1aving submitted the Prelim.il1ary Plat dated Jan.uary 4, 2005 is hereby conditionally ap.proved; CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CAS E NO. PP-OS-OO I - PAGE 2 Of 4 (. . ~~~"".." "" j" "" \. 2. The site specific and stand.ard conditions of approval are as shown in Exhibit C. D. Notice of.Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby 110tified that pursuant to Ida.ho Code 67-8003, the Owner may request a regulatory taking analysis~ Such request l11USt be in writing, and .must be filed with the City Clerk not lnore than twenty-eight (28) days after tIle final decision concerning the matter at issue~ A request for a regulatory takings analysis will toll the titne period withil1 Wllicll a Petition for Judicial Review Inay be filed. 2. Please take notice that tllis is a final action of tIle govenlil1g body of the City of Meridian, pursuant to Idaho Code S 67-6521 an affected person being a perSOll who has an interest in real property which Inay .be adversely affected by tIle 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, Idallo Code. E~ Exhibits Exhibit A: .Legal Description Exhibit B: Approved Preliminary .Plat (1-04-05, wit]] conditions) Exhibit C: Preliminary Plat Conditio.us of Approval (all agellcies) Ex.hibit 0: Preliminary Plat Findings By actiO!l of tIle City Council at its regular meeting held on tIle Itl/Vl (//J-; ,~ ZPt1?G: /51'6- day of COUNCIL MEMBER SHAUN WARDLE VOTED COUNCIL MEMBER CHRISTINE DONNELL VOTED CO.UNCIL M.EMBER CHARLIE ROUNTREE VOTED COUNCIL MEMBER KEITH BIRD VOTED MAYOR TAMMY de WEERD VOTED (TIE BREAKER) CITY OF MERIDIAN F.INDINGS OF FACT, CONCLUSIONS OF L AND DECISION & ORDER CASE N04 PP-OS-OO 1 - P AG E 3 Of 4 /~.r........ l<.:...... . (n . Attest: M~~~~~~~,~~ eerd ;/ .". ~r~' ..., I -0 ',. ~ ~ ~ ~ I ~ and City Attorney. :Oated: 4-)-05 By: . lJLQ)U CIty Clerk's Office CITY OF MERIDIAN FrNDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE N04 PP-OS-OO 1 - PAGE 4 Of 4 (. \ EXHIBIT A Saguaro Amended PP-05-001 Legal Description .. -:: ~.~ . . d .. DE.SCRfPTIOii fOR 6 ACRE. PAf~CEL [)f1.r~emoor- 9 ~ 2i)[14 A PARCEL OF Lt.1ND lOCATED tN THE 'IV 1/2 OF SEOTION 30~ TOVVNSHIP 4- NUfffHt RL\NGE i.EAST OF.THE S01SE MFRfDIAN. A.DA COUNlY~ IDAHO. fAOR5 PARYfJCULARL \~ DESCRf8ED AS FOLLOvVS.~ COM~JENCiNG AT THE VvEST 1/4 CORNER Or SECTJ.O.N .30~ TAN~J R, "if.:.-: 8Jvl.~ THE ~~Al POiNT o~ BEGINNfNG.O~ THiS DES,CRrPTjON~ (THENCE s. Bgo53~3.61J E 1098.69 FEET TO THE SW CORNER OF TrlE SF 1/4 OF THE N1JV 114 OF SA1D SECTIClN 30: THENCE.. N OO~29~4;r E 445.81 FEET ALO.NG THE weST LINE OF THE SE 1/4 OF THE NW 1/4 OF SAiD SECTION 30 TO A POINT; THENCF. S 89~52~26~ E 640.01 FEET TO ^ POlN1 ~ .'rHENCE s Ooo29~44" i^J 4.45~46 .FEt=~r .re) A PQtNT ON THf SOlJT!--~ LINE.OF THE SE 1i4 OF THE N\!IJ 114 OF SAID SFCTlor4.30; THEt~CE N 89~54~41 t~. W 343~ i 0 FEE1J ALOptG THE SAID SOUTH .LINE TCl A POINT; . THENCE S OO~05-~1r; W 24.0l\ F.EET TO " POlNT; Tr~Er~CE pJ SQ.c54j41 h lit! 197:08 FEFT TO A POiNT: THENCE N .B~.~53136!} \'AJ 1098,64 FEET TO A ?OJNT ON THE WEST LINE OF SAIL1 SLCffON .$0; THENCE N OO~23~33'~ E 24.00 P.EET ALONG SAfD VltE:~n LINt TO THE RSAL ~OINT~Qf E1EGU\ft4INt! OF THIS DESCRtPTION; ~J:A Y N E: l(~ BARBER P ~l~tSA 8444 3{rj 12 ./D.hC ~cl~~ Saguaro Amended - PP-OS-OO.I page 1 Of 1 .J:~ M . .~. .. ::~ ; t:....} A f I ~~~ r t ~ ~ ~! ~: ~ j ~ ? ~:n J ~ (;j(2 K~ b Ll 1 ;. .. .~-: f . . .:....... .1 :~r ~ '~ :.'; ;1 ~ ! ~ ~ ? .~~;=I~ J . ~ ~. . t.... ~ )- f<~I( /; ~ ~ ... c ~. I: '~f .~ ~. .r. : .: :- ] J ~ ; ~) J · ,.. (. ;ll ~ j r ! : r, ~t f f [I ~. .j ~ . . J } .' ~ ~~ ~:! ~ i j i i i I.! ! i ~ Saguaro Amended ~ .PP-OS-OOl page 1 Of 1 \, /.........:.... {, EXHIBIT B Saguaro Amended PP-OS-OOl Approved Preliminary .Plat ;'} ) ~ .J . :.: ;:.. j: f.r t.J j ~.~ : ~ ....~ :") t. I j' ~. ~ 1 ~ , : II.; 'I ffdpn'..QI<'f.I~L~ :;-<~ !d:d J;II:I ,! ~ ~ ~ 1 ~ ~ '\' i i ~ 11 f ~ t i i ; ~ ~ } ~ j i ill ~~ ~nl:ndp..;i I~~ i~~; i.~q ~ I {":l; i ~ ~l i ' ~It f ~q I ~ ~ Hj i; ?;2 ::": : ~:. ~ t~ ~. :.':' !:7"...... c............ EXHIBIT C Saguaro Amended PP-05-001 Conditions of Approval SITE SP:ECIFIC CONDITIONS (PRELIMINARY PLAT) 1. This Alnended Prelilninary Plat s]lall be subject to all applicable conditions of approval froIn Saguaro Canyon Subdivisio.n (AZ-O-027, PP-03-032, and CUP-03- 058). 2. This preliminary plat shall cOlnply with Item No.8, .Page 8, of the recorded Development Agreement for Saguaro Canyon Subdivision regarding removal of the 24- foot flag lot extending to Meridian Road. 3. The time requirelnents for final .platting of the subject pro.perty will follow tIle phasil1g plan of the original approval of Saguaro Canyon Su.bdivision. GENERAL CONDITIONS 1. Underground year-round pressurized irrigation lnust be provided to all lots within this develoPluent The City of Meridian requires that pressur.ized ini.gatio.n systems be supplied by a year-rou.nd source of water. Th.e applicant s11all be requjred to utilize any existil1g surface or well water for the priluary source. If a surface or well source is not availa.ble, a sillgle-point cOl1nection to the culinary water system s11alI be required. If a single-point connectiol1 is utilized, the develo.per shall be responsible for the paytnent of asseSSlnents for the COlTIlnOn areas prior to signature on the final .plat by the City El1gil1eer. 2. Any tree over 4" in caliper tIlat is relTIoved from the property s.halI be replaced by instaIlil1g additional trees, being the equivalellt number of caliper inches of trees that were removed. Required. landscaping trees will not be co.nsidered as replacelnent trees for those trees that are removed. 3. All in-igation ditches, laterals or callaIs, exclusive of natural watelWays, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. Plans will need to .be approved by the ap.pro.priate irrigation/drainage district, or lateral users association (ditc.h owners), with written ap.proval or non-approval sublnitted to tIle Public Warks De.partlne.nt. If lateral users association approval can not be obtained, plans will be reviewed and approved by tIle City Engin.eer prior to final plat signature. 4. Any existillg dOlllestic wells and/or septic systelTIS within this project will have to be removed frOlTI their dOluestic service, per City Ordi11ance Section 5-7-5 I 7. Wells may be used for no.n-dolnestic purposes such as landscape irrigation. Saguaro Amended - PP-OS-OOl page 1 of4 {.: . c. .... "\ f(: : . t,:.. ...... . 5. Any drainage areas (detention/retention basins) m.ust be designed to ensure t.hat water will percolate or discharge within a period of time not to exceed 24 hours for all stonns up to and including a 1 DO-year storm eve.nt~ Side slopes within drainage areas shall not exceed 3: 1. The project engineer should :pay close attention to the results of field studies determinil1g the groundwater, soil type & and characteristics during the design and construction phases. 6. Coordinate fire llydrant .placelnent with the City of Meridian Public Works :Oepartment. 7. Streetlights will be required at locations d.esignated by tIle Pu.blic Works Department. All streetligllts sllall be installed at tIle expense of the A.pplicant. Typical locations are at street intersections and/or fire l1ydrants. 8. Developer shall coordinate :lnailbox locations with the Meridian Post Office. 9. All sidewalks shall be constructed in accordance with MCC 12-5-2~K. Prior to sign.ature of tIle final plat(s), all sidewalks shall be constru.cted or a final1cial guarantee that said improvements will be completed shall be provided 10. A note shall be placed on tIle final plat stating that unless otherwise approved, all b.uilding setbacks s.hal} meet the requirelnents of the zoning ordil1ance in effect at tIle time of building pennit subtnittal. 11 ~ A letter of credit or cas.h surety ill the amount of 110% will be required for all landscapil1g, pressurized irrigation, sanitary sewer, water, etcK, prior to signature of the final plat. 12. Applicant shall be required to pay Public Worl{s developlnent plan review, and construction inspection fees, as detennined during the plan review .process, prior to signature on the final plat per Resolution. 02-374. 13. Plat approval shall be subject to the expiration :provisions set forth. in MCC. 14. Staffs failure to cite s.pecific ordillance provisions or te.nus of tIle ap.proved preliminary .plat, conditional use pennit or develo.plnel1t agreement does not relieve Applicant of responsibility for cOlnpliance. OTHER AGENCY/DEPARTMENT COMMENTS/CONDITIONS MERIDIAN FIRE DEPARTMENT COMMENTS 1. One and two family dwellings will require a fire-flow of 1,000 gallons per luinute available for duration of 2 hours to service the entire project. Fire l1ydrants shall be placed an average of 500' apart. International Fire Code Appendix C Saguaro Amended - PP-OS-OO I .Page 2 Of 4 (" j" t 2~ Acceptance of the water supply for fire protection will be by the Me.ridian .Fire Departlnent alld water quality by the Meridian Water Department for bacteria testing. 3. Final Approval of tIle fire hydrant locations shall be by the Meridian Fire Department. a. :Fire Hydrants shall have the 4 YZ" outlet face the lTI.ain street or .parking lot aisle~ b~ The Fire hydrant shall not face a street whicI1 does not have ad.dresses 0.0 it. c~ Fire hydrallt lnarkers shall be provided per Public Works spec. d. Locat.ions with fire hydrants shall have tile curb painted red 10' to each side of the hydrant location. e. Fire Hydral1ts shall be placed on corners when spacing :pennits. f. Fire hydrants shall not have any vertical o.bstructions to outlets within 10'. g. Fire l1ydral1ts shall be place 18" above finisll grade. h~ Fire l1ydrants sllal! be provided to meet the requiremel1ts of the IFC Section 509.5. 4. Tlle phasing plan may require that allY roadway greater than 150' in length that is not provided witll all outlet s.halI be required to have an approved turn aro.und. 5. All entrance and intenlal roads s.hall have a turning radius of 28' inside and 48' outside radius. 6. Operational fire hydrants, te.mporary or pennallent street signs and access roads with an all weather surface are required before co.mbustible construction is brought on si te. 7. To increase emergency access to tIle site a IninilTIUm of two .points of access will be required for any portion of tIle project, which serves lTIOre t11an 50 ho:mes. Tile applicant shaH .provide a stub street to tIle propel1y to the (west/eastlnorthlsoutll). The two entrances should be separated .by 110 less tllan Y2 tIle diagonaltueasurelnent of the .project. 8. The roadways shall be .built to Ada County Higl1way Standards and shall have a clear driving surface, available at all tilnes, whicl1 is 20' wide~ Streets witll less tl1al1 a 29' street width shall have no parking~ Streets with less tllan 33' shall have parkillg only on one side. Tllese Ineasurelnents shall be based 011 the back of curb dilnension. 9. The proposed 21-lot subdivision with an estimated 2.9 residents per household would .have a total estimated population of 61 residents at build out 10. The fire departlnel1t requests that any future signal:izatio.n il1staIled as the result of tIle develo.plnent of this project .be equipped with Opticoln Sensors to ensure a Saguaro Amended ~ PP-OS-OOl page 3 Of 4 li~ . \.~::.~~.: . . . safe and efficient res.ponse by fire and emergency medical service ve.hicles. This cost of this installatiol1 is to be borne by the developer~ 11. Wllere a portion of the facility or building hereafter constructed or lTIoved into or within the jurisdiction is JTIore tllan 400 feet (122 m) fr01TI. a hydrant on a fire apparatus access road, as Ineasured by an approved route around tIle exterior of the facility or building, on-site fire hydrants and Inains shall be .provided where required by the code official. For buildings equipped throughout with an. approved autolnatic sprinlder system installed in accordance with Sectiol1 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 requirelnent sllall be 600 feet (183 In). b. For builditlgS equi.pped thrOUgllout with an approved automatic sprinkler systelll installed ill accordance with Section 903~3.1.1 or 903.3.1 ~2, the distance requirelnent shall be 600 feet (183 In). SANITARY SERVICE COMPANY COMMENTS 1. sse l1as no COlnments related to this application. POLICE DEPARTMENT COM.MENTS 1. The Police Departln.ellt has no COl1cems related to the site design submitted with the ap.p Iication. M:ERIDIAN :PARKS DEPARTMENT COMM.ENTS ]. T.he Parks Departlnent llas no concerns with the site design as subluitted witl1 the application. CENTRAL DISTRICT HEALTH DEPARTMENT 1. After written approvals froIn appropriate e.ntities are sublnitted we can ap.prove this proposal for central sewage and central water. 2. The followillg plans Inust be sublnitted and approved by the Idallo Departlnent of Healtll and Welfare: central sewage and central water. 3 ~ Run-off is not to create a mosquito breeding problem~ 4. TIle engineers and architects involved with the design of tIle subject project sllall obtain current best Inanagement practices for stonnwater disposal and design a stonnwater Inal1age.ment s.ystetTI that prevents groundwater and surface water degradation~ Saguaro Amended - PP-OS-OO 1 page 4 of4 (.. .. =-.... : ~.:-:- .. f.: ..:. ~: . ~ (.~::. : EXHIBIT D Saguaro Amended PP-05-001 Required Findings 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 COlumission/Council shall consider the objectives of this title al1d at least the following: A. The conformance of the subdivis.ion with the Comprehensive Development Plan; City Council finds that tIle 2002 Com.prellensive Plall Future Land Use Map designates all of the subject prope.rty as "Mediu"ln Density Residential", which allows for densities of tlu.ee to eight units .per acre. (See Chapter VII, pg. 99.) Council finds that the pro:posed subdivision is ill compliance with the Comprehensive Plan. B. The availability of public services to accommodate the proposed development; City Council finds that the majority of public services are available to accolumodate the pro.posed developlnent but sanitary sewer and fire are not available for the lots at this tilne. The Nortll Slougl1 Trunk, whic11 will serve the su.bdivision, is scheduled to be extended in 2005. In tenus of fire service, it's anticipated that tIle second, permanent access for tIle subdivisiol1 (besides McMillan Road.) will be provided through a l1ew residential subdi vision on the Ascllen.brenner property, north of the sellool site and west of tIle subject property. To date, tl1e City has not received an application or conducted a pre-ap.plication tueeting 011 this property~ The approved prelinlinary plat for Saguaro Canyon Subdivision. restricted developluent of tIle neigl1borhood Ul1til required services are available, and tllose conditions apply to tIlis alnended preliluinary plat as well. c. The continuity of the proposed development with the capital improvement program; City Co.uncil finds that the proposed subdivision would not create any lTIOre additional requirelnents or delnands to tIle City th.an tIle previousl y approved residential uses. The prilnary question is one oftilning. Until the North Slougl1 Trunk is co.nstru.cted, sanitary sewer service is not available for this developrTI.ent. saguaro Amended - PP-OS-OOl I:! ~ ~\: ..- ......-.-.. / { D. The public financial capability of supporting services for the proposed development; Any additional expenditure for supporting services was caused by tIle approval of tIle original 432-10t prelilninary plat for the property. The priluary public costs to serve the future site will be fire and police services. City Council fi.nds that this development will not cause excessive additional requirelnents at public cost, if the applicant complies with the conditions of ~p.proval for tIle ap.proved prelilninary :plat application. E. The other health, safety or environmental problems that may be brought to the Commission'8 attention. Other than previously 11oted, City Council does not find any other health, safety or environlnental problems associated with. this subdivision that need to be brought to the Councilor Com.mission' s attentio.n. saguaro Amended - PP-OS-OO:I ( CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of a request for a Conditional Use Permit for two new Office/Retail Buildings .in a I-L Zone, by DBSI Realty Case No(s): CUP-04-055 For the City Council Hearing Date of: MarcIl 15, 2005 A. Filldings of Fact 1. H earil1g Facts a. A notice of a public 11earing was published. for two (2) conseeutive weeks prior to tIle City Council.public hearil1g, the first publication appearing and. written :notice mailed to .property owners or purcl1asers of record within three .hundred feet (300') of the external boundaries of the property~ The 110tice of public hearing before the City Council was posted u.pon the .property under consideration Inore tllan one week before said hearil1g. All other noticil1g was don.e consistent with Idaho Code ~67- 6509~ The matter was duly considered by tIle City Council at the February 22,2005, 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 op.portunity to express comments and submit evidel1ce. b~ Written and oral testilTIOllY was received o.n tllis Inatter, as reflected in tJle records ofth.e City Clerk (for written testimony) and in the official lneeting luinutes (for oral testilTIOl1Y). c. The Plalming and Zoning COlmnission conducted a pu.blic l1earin.g and issued a written recommendation 011 the subject matter to tile City Council~ d. TIle City Council heard a.nd took oral and written testimony and duly COl1sidered tIle evidel1ce and the record in this Inatter. 2. Process Facts a~ There l1as been cOlnpliance with all 110tice and hearing requirelne.nts set forth in Idaho Code ~67 -6509, 6512, and Meridian City Code ~ ~ 11-15-5 and 11-.1 7 -5 as evidel1ced by tIle Affidavit of Maili.ng, and tIle Affidavit of Publication and Proof of POStil1g filed with. tIle staff report. 3. A.p:pIicatiol1 al1d Property Facts a. In addition to the applicatiol1 and property facts noted in the staffreport and the Pla1111ing & Zoning Recommendation for the subject application(s), it is hereby CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND .DECISION & ORDER CASE NO(S). CUP-04-055 - PAGE 1 Of 4 ( ( verified that the property OWl1er(s) of record at the time of issuance oftllese findings is DBSI Realty. 4. Required Findings per Zoning Ordillance a~ See Exhibit D for the findings required for this application. B. COllclusions of Law 1. TIle 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 Developlnent Ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning maps thereof. TIle City of Meridian. has, by ordil1ance, established tIle Impact Area and the Amended COlnprellensive Plal1 of tIle City of Meridian, which was adopted August 6, 2002, Resolution No~ 02-382 and Maps. 3~ The conditions shall be reviewa.ble by tIle City COUI1Cil :pursuallt to Meridian City Code 9 11-17-9. 4. Due consideration has been given to the COlTI.lnent(s) received fr01TI tIle govermnental subdivisions .providing services in the City of Meridian plannin.g jUlisdiction~ 5. It is fOUIld public facilities and services required by the proposed develop.ment will not impose expense .u.pon the public if the attached conditio.ns of approval are ilnposed. 6. That the City l1as granted all order of approval ill accordance witll this Decision, wllic11 shall be signed by the Mayor alld City Clerk and. then a copy served by the Clerl( UpOl1 tile applicant, tIle Plal111ing and Zoning Department, the Public Works .Departlnent and any affected .party requesting notice. 7. Tllat this approval is subject to the Legal Description in Exhibit A, the Site Plan dated Decel11ber 14, 2004 as s110wn in Exhibit B, and tIle Site Specific and Gen.eral COlnments/Conditions in Exhibit C. The conditions are conclu.ded to be reasonable and tIle applicant sllalI Ineet such requireln.ents as a conditiol1 of approval of the application~ c. Decision and Order P.ursuant to the City Council's authority as provided in Meridial1 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. TIle appli.cant's CU.p Site Plan as evidenced by havil1g submitted the site .plan dated Decelnber 14, 2004 is hereby co:nditionally approved; a11d 2~ The Site S.pecific al1d Stal1dard Comlnents are as shown in Exhibit c~ .0. Notice of Applicable Time Lilnits CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-04-055 - PAGE 2 Of 4 (.:. i ~.. t . \.,....... .. 1. Notice of Eighteen (18) MontIl Conditional .Use Pel1nit Duration Please take notice that the co.nditio.nal use pennit s.hall be valid for a maxilnulu period of eigllteen (18) months unless otllerwise approved by the council. Duri.ng this time, the permit 1101der lTI.USt COln.mence the use as permitted in accordance with the conditi.ons of approval, satisfy the requirelnents set fo:rtl1 in the conditions of approval, acquire building permits alld co:mmence construction of:permal1ent footings or structures on or in the ground. In this context "structures" shall include sewer al1d water lin.es, streets or building construction~ The applicant has specified in the a,pplication and to the cOlmnissio.n and council a construction schedule and cOlnpletion date for the project. If the completion date specified for t1le project is exceeded, the conditional use application shall becolne null and void. However, th.e ap.plicant may submit an ap.plication for a tilne extension on the project for city council review. The application for time extension sIlall be suhluitted at least thitty (30) days prior to the deadline for cOln:p]etion of t1le project. For :projects requiril1g platting, the final plat must be record.ed within this eighteen (18) month period. For .projects with multiple .p.hases, the eighteen (18) lTIOl1th deadline shall a:pply to tIle first pllase~ In the evel1t tIlat the develoPlnent is made in successive contiguous segtne11ts or multiple .phases, such phases s.hall be constru.cted within su.ccessive intervals of one year from the original date of approval by the co.unciL If tIle successive phases are 110t sublnitted. within one year intervals, the conditional approval ofth.e future pllases shall be null and void~ (MCC 11-17-4.B.) E~ Notice of Final Action a.nd Rigllt to Regulatory Takings Analysis 1. The Ap.plicant is hereby 110tified tllat pursuant to Ida.ho Code 67-8003, tIle Owner Inay request a regulatory taking analysis. Such request lTIUSt be in writing, and In.ust be filed with the City Clerk not more than twenty-eig11t (28) days after the final decision concerning tile matter at issue. A request for a regulatory takings analysis will toll tIle tilne period within whicll a Petition for Judicial Review may.be filed. 2. Please take notice tllat this is a final action of the governil1g 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 pro.perty which .may be adversely affected by the issuance or denial of the conditional use pennit approvalluay within twenty-eight (28) days after the date of tllis decision and order seek a ju.dicial review as provided by Chapter 52, Title 67, Idallo Code. F. Exllibits Exhibit A: Legal Description Exhibit B: A.pproved Site PlaIl CUP Ex.hibit C: Site Specific and Standard COlTIlnents Exhibit D: Conditional Use Permit Findil1gs CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S), CUP-04-055 - PAGE 3 Of 4 (~ By action of the City Council at its regular meeting held 0.0 the /rt~&ft-~ , 2005. 15~ day of COUNCIL MEMBER SHA.UN WARDLE VOTED COUNCIL MEMBER CHRISTIN.E DONNELL VOTED ~ COUNCI.L .MEMBER CHARLIE ROUNTREE VOTED ~ COUN.CIL MEMBER KEITH BIRD VOTED MAYOR TAMMY de WEERD (TIE BREAK:ER) ~ VOTED Attest: and City Attolney. ~) G Dated: 4 - \-05 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CAS E NO(S). CUP-04-055 - PAGE 4 Of 4 (" :EXHIBIT A DBSI Realty CDP-04-055 Legal Description f\'lERIDlr\N I;REE\V,\ \' ~4SS0(.:lf\.1~I~S Parcel for Dcveloprncl1t A tract of land situated in the Sou lhcast Qu arter 0 f the S outlnvcst Quarter of Scctio n J 3 ~ T o\vnshi p .1- North~ Range 1 \Vest, BOise Meridjnll~ ,\da County~ fd,lho~ more partjcularJy described as follows~ Comnlcncing at a 5/S pin fnarking the South Quarter Cooler of said Section 13~ thence along the L:lL~l \V cst See (1011 Li 11C 0 f~ said Sect 1 ()ll 1.3. North 89026 ~2T' \Vest along the centerline of Overland Road, il distance of 1327,S l feet to a point Thence leaving sajd Section Line' North OQ06~51'~ East 48.00 feet to the POINT Of BEGINNlNG~ Thence conlinuing Norlh 0006 ~51~' East 360,23 feet to a po~nl.,. Thence South 90000'OO~'' East 749< 95 feet to 3. point. Thence Thence South 0006~5r~ \Vest 367<56 feet to a point Thence N.orth 89026~2T' 'Vest 749,8l teet to the POINT OF BE(ilNNINU. Said parcel containing 6.27 aces lllorc or less. ~ . .. ~ J~.f-!: (.~ J f..f ~T... ~ ? ~ ~ T \-: T (. '.J) t u." r I (" J I) . ~~f !"*.l:.i- ~)i 'H. ! I h I ~~: : .:.: : ~. .:..;.~: ~ .-~: :. ~ :=-: .: E~\~HIRIT it ... .. . . ~ .. : ~...- ....... ,...,... ........- -.... ~ ~ . f-::.~..~..:.::.....:...~~..~ _ :-. <~f<)).:;..t ?<t} 2:~ ~'~i :.~ 1~ ; .~) v 0 a.. ... !I_ _ ....,.~. . '~~~.~ ..t. .''i ~/J * I... ~ ~... ~ f ~~~. ::'"~ ~ ; :t. I~ ~ :[!I ~ .~..J ~ --.. ,..~J .~. ..-.. !.i 0.2 - } .Q....~L:.ll.~ .!...-!- :;-j.~ ~ ~ __ - . . . ::. .~) j ./.;~: -;. .:. ...~ : ~.:".- ....: .=- -. .... .. .... -. . ............. .... . . /y". {. . , f" I .--1 ! I :; } ~ I.;:~ Ii. I ~..~ - . - _.. -. ~ - - --_ J ..-: !~ ~ ~: .. . : .::.:.: .::. ~. :}~. :~. j .~.: .~ ~: .::...:: <.. ;.:: :.. /--==. \. (:: ::-::-: ") :~ r. .. .. ~... . ,/ tJ !.. I ~... ~..r.:: ~~ ~.... ......: !i.t~"~-::-;!-..!ii ..~... {'~.~..~ ~ ( . (~.._.. EXHIBIT B DBSI Realty CUP-04-055 Approved Site Plan ~).: (~>::~.:. =.;~ ~. :~~.~: ~; :~ ~~ (~~~. :. : ; .~:.;~ !~~:: ;..~~. . .. . ,... ... .. ........ ../ t. ( . f u :r. =. f! t. ~~~ f.t:~~.~ ~ U.i to :.-...:1- ~ I r 'j~ tf -I~b l ~~ ....,. . ,:j). 15 i.:.l. ~ fti~~ll~t!.J~.~!;:~ ~l:.:! ~ ~~ -;-!:::::. .. . .:, '.J.. ~~.. ..... . .. .. ..' ...... J~ [~ . ~ ~ . N. ............... ..- I~ r-. t ~~ ~.i.~ t.r t( ~ ~ ~ -::. :.- : ~. ~...: :c;; I ~ I I L ---.- .. ------. --~~_..... .~".""-_......m'.___... ... . ~..:..: ~.......:.~~..~..~.~~~.~---==-...~:=<. ~ (:7[1L.~.~.(i.~i ..... ... .-.. _m -_...... ,...... ... _... ... ... ..................................................-...........-..............._~.-.............. . _.~t~1 ...,'~n..'.., j>' ~.... . .... .~.................. ~......-.-............... ~ . . --.......... .. .................... ................r. . . . ---.--.- ....._.. ... ....._ ~~ ~...~ ~~~__ c~ u ~.!J ('.... ~. EXHIBIT C DBSI Realty CUP-04-055 Site Specific and Standard Comments SPECIAL CONSIDERATIONS 1. TIle relocatiol1 of tIle Kennedy :LateraI must be approved by the Nampa Meridian Irrigation District. 2. The applicant lTIUst be responsible for the connection to tIle Blac.k Cat Trunk Sewer and luaintain cOlTI.pliance with Meridian Public Works for sewer cOlU1ections at this location. CON:DITIONS OF APPROVAL 1. Setbacks are approved as depicted on the site :plan (CU-l dated 12~10.04). 2. Landscaping and Parking are not approved as depicted on sheet L-I as drawn o.n 12/7/04 T.he applicant shall submit a landscape/parking plan in compliance with MCC 11-13 al1d 12-13. 3. TIle building height is approved as depicted on the elevation plan (CU-2 dated 12.10. 04) ~ TIle PI anned Developluent waiver of the 40 foot maxiln.um Ileight requiremellt of MCC 11-9-1 schedule of bulk and coverage controls will .be waived to allow tIle 52 foot b.uilding .height. 4. All surface parking sllall conform to the Inillilnu:m dilnens.ions per ordinance of 9' x 19' with 25' wide drive aisles. 5. This conditional use permit shall be subject to the expiratio.n provisions set fortI1 ill MCC 11-17-4.B. 6. Ap.plicant must cOlnply with tIle conditions of the conditional use, planned development, and developlnent agree.lnent for CU:P/PD-OI-009Treasure Valley Teclmical Cel1ter Meridian Freeway Associates / DBSI Industrial Liluited P artn ership. 7~ All exterior lighting, whether attaclled to tIle building or located witl1in tIle parking lot, shall be down-sllielded or otherwise altered so that the ligllt does n.ot spillover onto adjacent propel1ies or right-of-way. All parking lot ligllting s11all .be in accordallce with Ordinance 11-13~4C. 8. All signage sllall be in accordance with the standards set forth in Section 11-14 of the City Zoning. and Develo.pluent Ordinallce. All signage is subject to design c:no . review and shall require separate .permits. 9. All constructio:n and site improvements shall con.form to the requirements of the Alnericans witll Disabilities Act and the adopted building and fire codes~ 10. A drainage plan designed by a State of Idaho licensed architect or engineer is required and sIlal] .be sublnitted to the City Engineer COrd. 557, 10-1-91) for all off-street .parking areas. Stann water treatment and dis.posal must be designed in accordance witll Department of Envirorunental Quality 1997 publication Catalog of Stonn Water Best Managelnent Practices for Idal10 Cities and COul1ties and City of Meridian standards al1d policies~ Off-site disposal into surface water is .prohibited unless the jurisdiction which has authority over the receiving strealTI provides written autllorization prior to developtnent plan approval. The applicant is responsible for filing all necessary applications witll the Idaho Departlnent of .Water Resources regarding S.hallow Injection Wells. 11. Certificate of Occupancy: All required ilnprovements must be cOlnplete plior to obtaining a Certificate of Occupancy for the proposed d.eveloprnent. A telnporary Certificate of Occupancy Inay be obtained by providing surety to the City in the fann of a letter of credit or cash in the amount of 11 0% of the cost of the req.uired improvements (inclu.ding paving, striping, landscaping, and irrigation). A bid lTIUst accolnpany any request for tern.porary occupancy. 12. Sanitary sewer and water service shall be via existing service lines in Meadow La.ke Village that will be extended as .part of this proposed developtnent. A.p.plical1t shall coordil1ate size and ro.uti.ng witl1 the .Public Works Department. 13. Underground year-round pressurized inigation lTIUSt be provided (froIn an existing system) to alllal1dscape areas on this site. FIRE DEPARTMENT 1. Acceptance of the water su.pply for fire .protection will be by the Meridial1 Fire DepartInent alld water quality by the Melidian .Water Departlnent for bacteria testing. 2. Final Approval of tIle fire l1ydrant locations sllall .be by tile Melidian Fire D ep artln en t. a. Fire Hydrants s.ha1111ave the 4 Yi" outlet face the main street or parking lot aisl e. b~ T.he Fire hydrant shall not face a street which does 110t have addresses 0.0 it c. Fire hydrallt luarkers shall .be provided per Public Works spec~ d. Locatio.us wit!1 fire hydral1ts sllall :have the curb painted red 10' to each side of the hydra11t location. e. Fire Hyd~.ants shall be placed on comers whell spacing .pennits. ('.' t. . f. Fire hydrants shall not have any vertical obstructions to outlets within 1 0'. g~ Fire hydrants sIlalI be place 18" above finish grade. 3. All entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius. 4. All Common driveways shall be straight or have a turning radius of28' inside and 48' outside and shall have a clear drivil1g surface whic.h is 20' wide. 5. Operational fire hydrants and telnporary or permal1el1t street signs are required before cOlnbustib.le constructio.n begins. 6. Fire lanes and streets sllalI have a vertical clearance of 13'6". This includes mature landsca.ping 7. COluluercial and office occupancies will require a fi.re-flow consistent witll tIle International Fire Code to service the .proposed project. Fire .hydrants s.hall .be placed per Appendix D. 8~ The office/retail lot will llave an unkn.own transient population and will .have an unknow.n ill.pact on Meridian Fire Departtnent call volUlnes~ TIle Meridian Fire Department has experienced 2397 responses in the year 2003~ According to a report completed by Fire & Em.ergency Services Consulting Group OUf requests for service are projected to reach 2800 in tIle year 2005 and 3800 by the year 20.1. O. 9. TIle proposed project lies o.utside tIle five-min.ute response zone goal. Achievetnent of tllis goal is subject to budgetary constraints and is illtended to enhance the probability of a favora.ble Qutcolne on a request for Basic Life Support~ The budget constraints are typically defined as capital outlay for facilities tl1at are located within 1.5 miles froln a given location and sufficient operational funds to staff t]le facilities. 1 O~ Provide a Knoxbox entry system for the complex .prior to occupal1cy. 11. The first digit of the Office Suite sIlall correspond to tIle floor level. 12~ A TIle application s11all work with city staff to provide an address identification plan including a pylon/monulnel1t sign at the required intersection(s). 13. Provide exterior egress lighting as required by tIle International Building & Fire Codes. 14. W11ere a portion of the facility or building hereafter constructed or moved i.nto or within the jurisdiction is lTIOre than 400 feet (122 In) frOlU a hydrant 011 a fire apparatus access road, as measured by an approved route arou.nd the exterior of the (. .....~.. t facility or b.uilding, on-site fire hydrants and mains shall be provided where req.uired by the code official. For buildings equip.ped throughout with an approved autolnatic sprinkler system installed in accordance with Section 903~3.1.1 or 903.3~ 1 ~2 the distance requirement s.hall be 600 feet (183)~ a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 In). 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 requirelnel1t sllalI be 600 feet (183 m). 15. There shall be a fire l1ydrant withil1 1 00' of all fire departluent connections. 16. B.uildings over 30' in l1eight are required to .have access roads in accordance with Appendix D Section DIOS. SANITARY SERVICES CORP. COMM.ENT: 1 ~ Please contact Bill Gregory at sse (888-3999) for detailed review of your proposal and sublnit stalnped (approved) plaI1S wit!l your certificate of zoning co:m:pliance application. ACHD: 1 ~ Compliance with co.nditions of ap.proval as listed. in CUP-O 1-009 EXHIBIT D DBSI CUP-04-055 Conditional Use Permit Findings STANDARDS FOR CONDITIONAL USES The Commission and Council shall review the particular facts and circumstances of each proposed conditional use in terms of the following, an.d may approve a conditional use permit if they shall fmd evidence .presented at the hearing(s) .is adequate to establish (11-17-3): A. That the site is large enough to accommodate the proposed use and all yards, open spaces, parl<ing, landscaping and other features as may be required by this ordinance; Staff finds tllat tIle su.bject property is large e.no.ugh to aCCOilllTIodate the req.uested use and all otller required features as noted above. As part of th.e planned development, tIle ap.plicant .has submitted a conceptual plan. The parking and landscape plan as s.ubtuitted under sheet L-I on December 7,2004 is not ap.proved and an approved landsca.pe plan lnust be submitted prior to issuance of a certificate of zo.ning co.m.pliance~ Standard ordil1ance .parking requirements for "Office, Retail, Daycare" and/or Mixed. uses apply to the site. TIle standard for Retail stores is one space .per 200 gross square feet; tIle stalldard for professio.nal offices is one space per 400 gross square feet. The proposed two buildings are 60,000 gross square feet eac.h, requiring 200-300 parking s.paces based on use. The applicant has proposed 323 parkin.g spaces ill compliance with tIle Chapter 11 Section 13 MCC, 110wever the landscape plall requires detailed review an.d tTIodifications to .parking standards prior to issuance of a certificate of zoning cOlnpliance. Staff feels the site .has adequate area in order to comply with the landsca:pe alld parking requirelu.e.nts .based on the eonce.ptual review~ B. That the proposed use and development plan will be harmonious with the Meridian Comprehenslve Plan and in accordance with the requirements of this Ordinance; TIle current COluprehensive Plal1 Land .U se Map designates the property as "IndustriaL" Stafffinds tllat the pro:posed retail/office uses are not in cOlnpliance with the 2002 COln.prehensive plan and are prohibited uses under the existing zoning ordinance. TIle overall project was a.pproved as a conditional use for a planned deveJoplnent in order to allow use exceptions under CUP/P.D 01-009, the applicant has applied the exelnption to this project. The current proposal is also a (". . -.~ ~ .. .. ... (/.:..~ planned d.evelopment to modify the luaximum :height requirement and allow a 52' maximum building height. If the project is approved as a Planned Develop.ment, it will meet the luinimUlTI requirements of th.e use exception applied in CUP iP.D 01-009. c. That the design, construction, operation, and maintenance will be compatible with other uses in the general neighborhood and \vith the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area; Staff finds that tIle .proposed office may not adversely change tIle eXIsting (Industrial) or illtended (in.dustrial) character of the general vicinity. TIle proposed :project boundary is surrounded on two sides by other property owned by the Meridial1 Freeway Associates project and is ill cOlnpliance with the approved Planned Development for the project Any ilnpacts of the offi.ce will lil<ely .be restricted to existing and future .p.hases of tIle project itself D. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; Staff does not anticipate tllat the :proposed office/retail uses will adversely affect adjacent .properties due to the fact that the proposed uses are in cOlnplial1ce with the conceptual plan for DBS1JMeridian Freeway Associates Planned Developluent CUP /PDO 1-009. The COlnmission an.d Council s.hould consider any testimony (written and oral) .presented at the public l1earings before tnaking this finding. 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; Staff finds tllat tIle proposed developnlent can be adequately served by the essential pu.blic facilities and services listed a.bove. City water & sewer Inains have been COllstructed within the Meridian. Freeway Associates project al1d will be extended as part of this proposed d.evelopment. Sewer alld Water flows :ITIust be detelmined .by Public Works and operate in compliance with. the Public Works standards. The existing Western Electronics facility east of the site is served by a privately owned and lTI.aintained sewage lift statiO!l that discllarges to a City of Meridian sewer lua.in in Overland Road. Bear Creek Estates Subdivision discharges to the same Inanhole~ Because Bear Cree.k Estates and the Western Electronics facilities use the lift statiol1, only the projected excess capacity in t11e receiving sewer is available for future development. According to analysis cOlupleted u.nder CUPOI-009, computer model calculations show that the Western Electro.nics lift station is limited to a peak flow of 80 gallons .per Ininute. Tile .project must contillue to be served by the existing .private lift station and pressure c... . {< , \:.:...... .. main until such time as the Black Cat Trunk is available to serve this area. T.he lift station ma.y .not discharge a flow greater t]lan 80 gallons per lninute at any ti:1ne~ A provision lUust be made in the sal1itary sewer system su.ch that tile lift station can be abandoned and tIle site sewer system connected to the Black Cat Trunk Sewer, or a lateral thereof, wIlen it is available. "Available" shall be d.efined as the time when the sewer is extended thrOUgll adjacent property to the western bo.undary of this project. This .project must include relocation of the lift stati.on to tIle northwest corller or installation of dry-line sewer to the northwest comer with. this proj ect. The applicant shall be res.-ponsible for the eventual connectioll to the Black Cat Tru.nk Sewer. Drainage will be retail1ed on site. Trasll enclosures l1ave been provided on-site for refuse disposaL The applicant needs to coordinate with the Fire Departlnent regarding the fire lanes. F. That the proposed use will not create excessive additional requirements at public cost for pu.blic facilities and services and will not be detrimental to the economic welfare of the community; Staff finds that the proposed development will not be detrimental to tIle economic welfare of the cOffiln.unity, nor would it create the .need for any new facilities or services to be paid for by the .pu.blic. All required ilTI.proveln.ents, including landscaping, paving, parking, installation of services and roads, etc. will be paid for .by the developer. Tlle primary public costs to serve the project will be for fire alld police services. The building heigl1ts are requested to be allowed a lnaximUlTI of 52 feet. The additional height of the building may ilTI.pact the serviceability of the site for fire, police, and lTIunicipal agencies. T.he ap.plicant must cOIn.ply with the additional conditions as defined by the Meridian Fire De.palilnel1t with regard to oversized buildings. 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 \velfare by reason of excessive .production of traffic, noise, smoke, fumes, glare or odors; Allligl1ting s.hall be downfacing and designed as n.ot to leave the site~ All signage shall comply with the standards as set forth MCC 11-14~ The parking and maneuvering of cars and pedestrians may generate additional noise for surrounding properties~ However, staff does not believe th.at the additional noise should be excessive, the site lies in an. industrial area where future development sIlall be cOlnpatible to higllway noise and vibration~ Staff finds that the proposed use will not involve activities or processes, tnaterials, eq.uipment and conditions of operation that will be detriluental to allY persons, property, or general welfare by reason of excessive :productio.n of traffic, 11oise: slTIoke, fu.mes, glare or odors, if all conditions are complied Wit11. (. 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; Staff finds that the cO.1TIlnercial uses of tllis site will impact the level and flow of traffic on Overland Road. Access to this site was previously approved with Western Electronics to the east of the site. The signalized. intersection at Overlalld and Meridian will greatly increase capacity of the intersectio.n to handle tIle additional trips. The applicant sllould comply with ACHD policies ill order to preserve the capacity and lTIOVement o.n Overland Road.. I. That the proposed use will not result in the destruction, loss or damage of a n.atural, scenic or historic feature considered to be of major importance. The Kennedy LaterallTIUst be approved to be tiled as part of the prior CUP application CUP 01-009. StaffreCOlTIlnends that tIle COlll"Iuission and Council reference any public testilTIOny that Inay .be presented to determine wl1ether or not t]le proposed developm.ent Inay result in the destruction, loss or damage of a natural or scenic feature(s) of importance ofwhic.h staff is unaware. (. ( CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of a Request for Preliminary/Final Plat approval for four (4) commercial building lots on 8.02 acres in an I-L zone for Nola Subdivision, by Anderson/Lockwood Foundation. Case No. PFP-04-008 For the City Council Hearing Date of: March 15, 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 otller noticing was done consistent with Idaho Code ~67- 6509~ The matters were duly consid.ered by the City Council at the March 15,2005, public hearing. The ap.plicant, affected property owners, and government subdivisions .providing services within the planning jurisdiction of tIle City of Meridian were given full opportunity to express comments and submit evidence~ b. Written and oral testimony was received on this Inatter, as reflected in the records of the City Clerk (for written testimony) and in the official meeting minutes (for oral testimony). c~ The Planning and Zoning Commission conducted public hearings and issued a recommendation for approval to City COUll.cil. d. The City Council heard and took oral and written testimony and duly considered tIle evidence and th.e 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 ~g 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. Application and Property Facts a. In addition to the application and property facts noted in the staff report and the Planning & Zoning Recommendation for the subject application(s), it is hereby CITY OF MERIDIAN FINDfNGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO. PP-04-034 - PAGE 1 Of 4 \-.; /" \. verified that the property owner of record at the time of issuance of these findings is Anderson/Lockwood Foundation. 4. Required Findings per Zoning and Su.bdivision Ordinances a. See Exhibit D for the findings required for the Preliminary/Final Plat ap.plication. B. Conclusions of Law l~ 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. TIle Meridian City Council takes judicial notice of its Zoning, Subdivision and Developlnent Ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning .maps thereof The City of Meridian has, by ordinance, established tIle Impact Area and the Atnended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and M~ps~ 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 .planningjurisdiction. 5. It is found :public facilities and services required by the proposed develop:ment 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 ap.plicant, the Planning and Zoning De.partment, the Public Works Department and any affected party requesting notice~ 7~ That this approval is subject to tIle Legal Description in Exhibit A, tIle Prelilninary Plat dated October 26,2004 as shown in Exhibit B, and the Conditions of Approval in Exhibit C. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the ap.plication. c. Decision. and. Order Pursuant to the City Council's authority as provided in Meridian City Code g 12-3-5 and based upon the above and. foregoing Findings of Fact which are herein. adopted, it is .hereby ordered that 1. The applicant's Preliminary Plat as evidenced by having submitted tIle Prelilninary Plat dated January 20, 2005 is hereby conditio.nally approved; CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO. PP-04-034 - "PAGE 2 Of 4 (.....:... . (~~'.-' .. 2. The following modification to the site specific conditio.fis for the Preliminary/Final Plat were made at the 3-15-05 City Council heari.ng; a) Delete Site Specific Condition #6, which reads: "Applicant is to execute a .blanket easement which provides a permanent pedestrian easement in favor of the City of Meridian on the subject property in the future of sufficient width to cover a ten foot wide pathway along Locust Grove Road and East Pine A venue..'~ 3.. The site specific and standard conditions of approval are as shown in Exhibit C. D.. Notice afFinal Action and Rig11t to R.egulatory Ta.kings 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 Ida.ho 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 tIle date of this decision and. order seek ajudicial review as provided by Chapter 52, Title 67, Idaho Code. E. Exhibits Exhibit A: Legal Description Exhibit B: Approved Preliminary Plat (1-20-05, with conditions) Exhibit C: Preliminary/Final Plat Conditions of Approval (all agencies) Exhibit D: Preliminary/Final Plat Findings By action of the City Council at its regular meeting l1eld on the \5th 'ilru1i ), , 2005. day of COUNCIL MEMBER SHAUN WARDLE VOTED Lj~ COUNCIL MEMBER CHRISTINE DONNELL VOTED ~ COUNCIL MEMBER CHARLIE ROUNTREE VOTED /jQtL CITY OF M.ERIDIAN FINDINGS OF FACT, CO.NCLUSIONS OF LAW AND DECISION & ORDER CASE NO. PP-04-034 - PAGE 3 Of 4 ,I" \ COUNCIL MEMBER KEITH BIRD VOTED ~Lfl- MAYOR TAMMY de WEERD (TIE BREAICER) VOTED - ~7'~.~' /~ .~9??~.' -. .'. " May~v'~aft1!iW .~ld. ...~Weerd ii~~ ~1f~ ~!~l' . ~~~~1t~~~::~1.~~h .~/I r J0-:;~ ~, ,.. ~ ~l'"y, ~%'f;." ~<i.[.. ii. ~i. ~o~ ~~.. ~. '-~~\ :! ~ SE:1~ r "" t ~ ~j( , . ...:. :~ ,.: \~' .~oJ ..: ~:. ~. r;}A . l..-) 4J~" ,.:; " ~{~ " j ... ~"II: .\ ~!,j:--~'4,.~t 1S'. . '~j.t'_~.,. ~~~:, ';...t~b. . ~~~;'~f;~~'~ ~ ~ ~h:~.~tt' ~ I~' ~~v. . Copy served u.pon A.p.pllcant, The Plannlng'~~;~~}:YJIg:~[jepartment, Public Works Department Attest: and City Attorney. Dated: 3 ~ j ~ ,OS ClTY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND .DECISION & a.R.DER CASE "NO. PP-04-034 - PAGE 4 Of 4 (." . EXHIBIT A Nola Subdivision PFP-04-008 Legal Description B UNLIMITED BOUNDARIES. INC~ 'f)BA Bergey Land Surveying 11 03 W. .Main St. Middleton, ID 83644 Walt Neitz, PLS Doug Bergey, PLS Phone: 208~585.S858 Fax: 208.585 Ir 9001 DESCRIPTION FOR ANDERSON/LOCKWOOD FOUNDATION NOLA SUBDIVISION A PORTION OF THE NWl/4SW1/4 SECTION B, T ~ 3N., R. lE.., B'OM., ADA COUNTY, IDAHO BLOCK I, being a parcel of land as shown on Record of Survey No. 5037, Instrument Number 100054857, of the official records of Ada County, Idaho, and lying in the NWl/4SWl/4 of Section 8t T.3N., RIE~, B~M., Ada County, Idaho, and being more particularly described as follows: Commencing at the Northwest Corner of said NWl/4SWl/4 of Section 8; thence, S89054'09;1"E... 60.00 feet, along the northerly boundary line of said 81/11/4 of Section at .to the POINT OF BEGINNING: Thence, continuing along said northerly boundary line, 889054' 09llE, 547.35 fee.t, to a point, Thence, departing said northerly boundary line, S00027'51"W, 686~04 feet, to an iron pin, Thence, N88030'OO"W, 547~20 feet, to an iron pin, Thence, NOQo26' 40"E, 672 ~ 64 feet, to the POINT OF BEGINNING, of said Block 1, comprising 8~53 acres, more or less. SUBJECT TO: Any easements or reservations of record or appearing on the above described parcel of land. il ~:1 j o~i p ~ ~ = -4 J It I ~! ~ S j i XII I aJ! j~I ~ :3 tl i O"'U :r z ~: :] ~I ~ ~Ji!~ . 11 III J inl, C:I 11;1= liiih iuill I! ; ; ; ; II i ;11 · ~ IIII i s :ii I 1111 l 1;1 a us JI sl :~ '11111: JII~ Illil !. II i!l:! :- I. ~:!I~ til. b 'Iii! !Ia ~i J 'I a!..1 & jl~ ;11:11 ~~II~ Iml... --IU-.-I Ili;'III,:llr M~2!g lB 3~'1d EXHIBIT B Nola Subdivision PFP-04-008 Preliminary Plat R i 1 ~. f ' <:. 1l[I) I & .IllIIiI:: i (.. c - o..-J I II I I I .. II I. I!! 1 U !II till · I III I !~ )1 ! I, ' ~ "!J! flllllJJl IJ " ~~ illllill J~:fIEllj}J,fI1IJlll ~ r I ~ I f I f I J I. Ii! j ~ ~ I f Iff .11 filII. t I ~t! I ~ I [ \ \) J lit ~ S3ICI'tQNfl()8 031 I~.IIJNn ... ~ ~ ! o I .... 2 le06S89SBZ ~1;91 93g~/Eellg ( . I~.~^.. \.:,..... .. EXHIBIT C Nola Subdivision PFP-04-008 Conditions of Approval SITE SPECIFIC CONDITIONS (PRELIMINARY PLAT/FINAL PLAT) 1. Make the following modifications to the final plat prior to recordation: a. The 25- foot landscape easement along Locust Grove Road. shall be extended to the southern boundary of Lot 4. b. The IO-foot landscape easement along Nola Road shall be extended to the southern. bo.undary of Lot 4. c. Provide a note granting cross-access to Lots 1, 2, and 3 to utilize the new drive access to East Pine Avenue. d. Modify note #6 to include the extended landscape easelnents on Lot 4. 2. The ap.pli.cant shall revise the Landscape Plan, dated 1/18/05 by Beck and Baird, and submit 10 copies of the revised plan to the City Clerk's office at least 10 days prior to the City Council hearing. The Lan.dscape Plan shows a conifer placed within the street buffer along Locust Grove Road near the property line between Lots 1 and 4, which is prohi bi ted by Meridian City Code 12-13 - 7 - 2. TIle conifer shall be removed from the landscape plan or :placed in a location which cOlnplies with MCC 12-13-7-2. The Landscape Plan shall also be revise to show the four (4) additional trees required in the street buffer along Nola Road.. 3. The applicant shall sublnit CCR's that detail th.e responsibilities for tIle maintenance of the landscaping and co.mmon parking and drainage areas for tIle subdivisio.ll prior to the City Council hearing. 4~ Water service to this site shall be via service line extensions from the existing mains adjacent to the property. Applicant shall execute City of Meridian standard forms of easements, for any mains tl1at are required to provide service. 5. Sanitary sewer service to this site will be via :main line extensions to an existing main adjacent to the property. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service4 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~ Revise or add the following .notes on the face of the plat: /:. f~. (5.) "Building setbacks and dimensional standards in this subdivision shall be in comvliance with Title 1] and Title 12 of the Meridian Citv Code unless otherwise modified bv Conditional Use Permit (CUP-04-025) which allowed for reduced lot sizes and lot frontages. ,J (6~) HRe-word, responsibility lies with the bllsiness owner's association. " (12.) tiThe owner of each lot across which passes an irrigation/drainage ditch or pipe, is responsible for the maintenance thereof, unless such responsibility has been assumed by an irrigation/drainage district. " (13.) ffThe bottom elevation of structural footings shall be set a minimum of 12- inches above the highest established normal groundwater elevation.. " 8. Revise the Water Service Origin Statement in the Certificate of Owner's to simply state "_ . . The Ci ty of Meridian, VI ater Department" 9. Please submit a copy of the Ada County Street NaIne Committee's "Final" letter for the street names and lot & block numbering. Make all corrections necessary to comply. 10_ Other than the access point specifically approved on East Pine Avenue with this application by ACHD, direct lot access to Locust Grove Road or East Pine Avenue is prohibited. 11. Required landscape b.uffers/street improvements sllalI be :made by th.e developer/subdivider as part of the final plat. 12. Provide a recorded copy of the cross access agreement for Lots '1, 2, and. 3 to utilize the new drive access to East Pine Avenue. GENERAL CONDITIONS (PRELIMINARY PLAT/FINAL PLAT) 1. Any tree over 4" in caliper that is removed from the property sllaII be replaced by installing additional trees, being the equivalent number of caliper inclles of trees that were removed. Required. landscaping trees will not be considered as replacement trees for those trees that are removed~ 2. Submit compaction test results to the Meridian Building D~partment for any building pads within lots receiving engineered backfill. 3. Underground year-round pressurized irrigation must be provided to all lots within this development The City of Meridian requires that pressurized irrigatio.n systems be sup.plied by a year-round source of water.. TIle applicant proposes connection to City of Meridian water for irrigation. 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 tIle final plat by the City E.ngineer. 4. Any drainage areas (detention/retention basins) must be designed. to ensure that water will percolate or discharge within a period of time not to exceed 24 hours for all ( ... ./....... ( . sto.rms up to and including a I DO-year storm event. Side slopes within drainage areas shall not exceed 3: 1 ~ The project engineer should pay close attentiol1 to tIle results of field studies determining the groundwater, soil type & and characteristics d.uring the design and construction phases. 5. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 6. Install 250-watt, .high-pressure sodium streetlights at locations designated by the Public Works Departm.ent. Street light contractor sIlall obtain an approved design and permit from the Public Works Department prior to cOlnmencing installations. 7. Developer shall coordinate mailbox locations with tIle Meridian Post Office. 8. All proposed fel1cing must be in compliance with MCC 12-4-10. 9. All sidewalks shall be constructed in accordance witll MCC 12-5-2.K. Prior to signature of the final plat(s), all sidewalks shall be constructed or a financial guarantee that said improvements will be cOlnpleted shall be provided. 10. A note shall be placed on the final plat stating that unless otherwise approved, all building setbacks shall meet the requirements of the zoning ordinance in effect at the time of building permit submittal. 11 ~ Applicant shall be required to pay P.ublic Works develo:pment plan review, and construction. inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. 12. Plat approval shall be subject to the expiration provisions set forth in MCC. 13. Street signs are to be in place, water system shall be approved and activated, pressurized irrigation system approved and activated, drainage lots constru.cted, and road base approved by the Ada County Highway District .prior to applying for building permits. All development improvements shall be installed and approved :prior to obtaining certificates of occupancy~ A letter of credit or cash surety in the amount of 110% will be required for all fencing, pathways, landscaping, pressurized irrigation, sanitary sewer, water, etc~, prior to signature on the final plat. 14. COffi.plete the Certificate of Owners and. accompanying Acknowledgment. 15. Applicant shall be responsible for application and conlpliance witll any Section 404 Permitting that may be required by the Army Corps of Engineers. 16. Applicant shall be responsible for application and compliance with and NPDES Permitting that may .be required by the E.nvironmental Protection Agency. c=..' .:: 17. Staff's failure to cite specific ordillance prOVISIons or terms of the approved prelilninary plat or final plat does not relieve Applicant of responsibility for compliance. OTHER AGENCY/DEPARTMENT COMMENTS/CONDITIONS MERIDIAN FIRE DEPARTMENT CONDITIONS 1. Acceptance of the water supply for fire protection will be by the Meridian Water DepartInent. 2. Final Approval of the fire l1ydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 Y2" outlet face tIle main street or parking lot aisle~ b. The Fire l1ydrant 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 l1ydrant location~ e. Fire Hydrants shall be placed on comers. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. 3. All entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius. 4. Provide a 20' wide Fire Lane for all internal and external roadways. 5.. Operational fire hydrants and temporary or .permanent street signs are required before combustible construction begins. 6. Commercial and office occupancies will require a fire-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall .be placed an average of300' apart 7. The fire department requests tllat any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency .medical service vehicles. This cost of this installation is to be borne by the develo.per. 8. All processes & storage practices shall be required to comply with the International Fire Code~ SANITARY SERVICE COMPANY 1. Prior to issuance of a certificate of zoning compliance, that applicant shall submit an approved site plan from sse. 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, pgS4 3-2 and 3-3, sections B & C. 2. Standard for City to assume Maintenance of a section of Pathway: The pathway must COllilect from one major arterial to another, and either an easelnent or ownership deed In.ust be granted .before the city will assume the mainte.nance of any section of pathway. 3. Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance (MCC 12-13-13-6) will be followed. 4. Stao.dard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance (MCC 12-13-13) will be followed. NAMPAlMERIDIAN IRRIGATION DISTRICT 1. If all storm drainage is retained on site tllere will.be no impact on Nampa & Meridian Irrigation District and no further review will be required~ However, if any surface drainage leaves the site, the Nampa & Meridian Irrigation District requires a Land Use Change Application be 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 Idallo Code 31-3805. 4. It is recommended that irrigatio.n water be made available to all developments within the Nampa & Meridian Irrigation District. CENTRAL DISTRICT HEALTH DEPARTMENT 1. After written approvals from appropriate entities are submitted we can approve this proposal for central sewage and central water. 2.. The following plans must be submitted and approved by the Idaho Department of Health and Welfare: central sewage and central water~ 3. Run-off is not to create a mosquito .breeding problem. 4. The engineers and architects involved wit]1 the design of the subject project shall obtain cu:rrent best management .practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. ACHD CONDITIONS .{V { . . . (. enhancements)~ An annual survey win be required of the TMAlTMO to monitor participation in aJternative transportation programs and fOf\Yarded to the ACHD Commuteride Office. 5~ Other Access Pine Avenue is classified as a minor arteriaL Other than the access specifically approved with this application. no additional access points will be approved. A note of this access restriction shaH be placed on the .final plat. c~ Special Notice to the City of Meridian Lot 1 does not have a driveway access to Pine Avenue or to the future Locust Grove Road. Only one driveway will be allowed on Pine Avenue for this deveropment. The applicant shou Id place a note on the plat that would provide cross access among all of the lots and ensure that each lot can utilize the one shared driveway on Pine Avenue. D. Site Specific Conditions of Approval 1 ~ Coordinate the additional right-of~way dedicatjon with District staff for the southeast comer of the intersection of Pine Avenue and Locust Grove Road. The right-of-way purchase and safe 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 buifding permi~ (or other required permits) ~ whichever occurs first Allow up to 30 business days to process the rlght-of..way dedication after receipt of all requested materiaL The owner win be paid the fair market va rue of the right-oF-way dedicated which is an addition to existing ACHD right-of-way if the owner submits a letter of application to the impact fee administrator prior to breaking groundl in accordance with the ACHD Ordinance in effect at that time (currenUy Ordinance #200). if funds are avaUable, 2~ Dedicate a total of 48-feet of rightwof-way from the centerline of Pine Avenue abutting the parcel by means of a warranty deed. The right-oF-way purchase and safe agreement and deed must be completed and signed by the appHcant prior to scheduling the finaJ plat for signature by the AC H D Commission or prior to issuance of a building pannit (or other required permits). whichever occurs first AUow up to 30 business days to process the right--of-way dedication after recefpt of aU requested materiaL The owner win be paid the fair market value of the right-or-way dedicated which is an addition to existing ACHO right-of-way if the owner submits a letter of apprication to the impact fee administrator prior to breaking groundt in accordance with the ACHD Ordinance in effect at that time (currently Ordinance #198)~ if funds are avaHa bre. Provide a road trust to the District for the cost of the sidewalk abutting the site for Locust Grove Road The approximate cost of the road trust would be ~ ($20 a lineal foott 630~feet)L 4. Construct a 5-foot detached sidewalk on Pine Avenue abutting the site from the jntersection of Pine Avenue and Nola Road to a point 450~feet westt as proposed" Submit a road trust to the District for the portion of sidewalk proposed to NOT be constructed at this time (approximately 1 aD-feet). The approximate cost of the road trust would be $2tOOO ($20 a lineal foot. 1 DO-feet). The portion of the sidewafk to be constructed shaU be located a minimum of 41-feet from the centerline of Pine Avenue. 5t Construct vertical curb, guttert and a 5-foot concrete sidewalk abutting the site on Nola Road, as proposed. 6 (/<..,. 6. Construct one driveway on Pine Avenue located in alignment with the driveway on the north side of Pine Avenue. This alignment win place the driveway approximately 30Q-feet east of the intersection of Pine Avenue and Locust Grove Road (measured near edge to near edge). Construct the driveway as a curb-relurn type driveway. 40-feet in width. The driveway shall be paved its full width and at reast 3D-feet into the site. 7. Close the existing shared driveway on Nola Road located 245-feet south of the north property line with matching roadway improvements (I.e. vertical curb, gutter. and sidewalk)t if the driveway is proposed to NOT be utilized. 8. Locate any new driveway on Nola Road a minimum of 50-feet from the intersection of Pine Avenue and Nola Road (measured near edge to near edge). 9. Comply with aU Standard Conditions of Approval. D. Standard Conditions of Approval 1 · Any exisling irrigation facUities shan be refocated outside of the right-of-way. 2. AU utiHty relocation costs associated with improving street frontages abutting the site shan be borne by the developer. 3. Replace any existing damaged curbt gutter and sidewalk and any that may be da maged during the construction of the proposed development. Contact Construction Services at 387 ~6280 (with me 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 Djstrices Utility Coordinator at 387-6258 (with file numbers) for details~ 5. AU desig n and construction shalt be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements~ Construction Services procedures and all appljcable ACHD Ordinances unless specifically waived herein~ An engineer registered in the State of Idaho shan prepare and certify all improvement plans. 6. The applicant shalJ submit revised plans for staff approvafJ prior to issuance of building permit (or other required permits)f which incorporates any required design changes. 7. Construction. use and property development shaU be in conformance with aU applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8, Payment of applicable road impact fees are required prjor to buHding construction in accordance with Ordinance #200. also known as Ada County Highway District Road Impact Fee Ordinance. 9. Jt is the responsibility of the applicant to verify all existing utilities within the Iight-of...way. The applicant at no cost to ACHD shan repair existing utHities damaged by the appricant. The applicant shall be required to can OrGlJNE (1~800-342-1585) at Jeast two fuff business days prior to breaking ground within ACHD right-of..way. The appUcant shaH contact ACHD Traffic Operations 387 ~6190 in the event any ACHD conduits (spare or fiUed) are compromised during any phase of construction. 7 I" ~ 1 0 r No change in the terms and conditions of this approval shari be valid unless they a re in writing and signed by the appHcant or the applicanes authorized representative and an authorized representative of the Ada County Highway District. The burden shan be upon the applicant to obtain written confirmation of any change from the Ada County H ig hway District. 11. Any chang e by the applicant in the planned use of the property which is the subject of this applicationf shan require the applicant to comply with aU rules. regulations~ ordinancesJ prans~ or other regu~atory and legal restrictiQnsJn force at the time the applicant or its successors in interest advlses the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the Jaw in effect at the time the change in use is sought E.. Conclusions of Law 1. The proposed site plan is approved, if aU of the Site Specific and Standard Conditions of Approval are satisfied. 2. ACH D requirements are intended to assure that the p reposed use/development win not place an undue burden on the existing vehicular and pedestrian transportation syslem within the vicinity impacted by the proposed development Attachments 1. Vicinity Map 2. Site Plan 3~ Appeal Guidefines 8 /~.. .. ( EXHIBIT D Nola Subdivision PFP-04-008 Required Findings PRELIMINARY PLAT FINDINGS Meridian City Code (MCC) 12-3-3 J..2 and 12-3-5 D read as follows: "In determining the acceptance of a proposed subdivision, the Commission/Council shall consider the objectives of this title and at least the following: A. The conformance of the subdivision with the Comprehensive Plan; City Council finds tIle 2002 Comprehensive Plan Future Land Use Map designates all of tIle subject property as "Industrial~" The purpose of the Industria] designation is "... to allow a range of industrial uses to sup.port industrial and commercial activities and to develop with sufficient urban services. In light industrial areas, uses may include warehouses, storage units, light manufacturing, and incidental retail and offices uses. Heavy ind.ustrial areas may inclu.de processing, manufacturing, warehouses, storage units, and industrial support activities~ In all cases, standards for screening, landscaping, and adequate access would be developed an.d implemented." (See Chapter VII, pg. 99.) Staff finds that the proposed subdivision is in compliance with the Comprehensive Plan. B. The availability of public services to accommodate the proposed development; Locust Grove is currently included in ACHD's Five-Year Work Program (2007) and Capital Improvements Plan (#80). Locust Grove is anticipated to be 5 lanes froIn Franklin Road to Fairview A ven.ue with curb, gutter, sidewalk and bike lanes within 96-feet of right of way. The intersection of Locust Grove and Pine is scheduled to be widened and signalized. with that same project The subject site can be serviced by the City of Meridian's sanitary sewer and. water systems. Sanitary sewer and water mains would have to be extended into the site by the developer from East Pine Avenue. On November 12, 2004, a joint agency/department comments Ineeting was held with representatives of key service providers to tl1is property~ The Meridian Fire Department is supportive of the subdivision. The ap.plicant should coordinate the location and design of refuse container(s) with Sanitary Services COlnpany (SSC)~ Trash enclosures must be built in the location and to the size approved by sse. All du.mpster(s) :must be screened in accordance with MCC 11-12-1.C. (..... ... ~.... (: .... City Council finds that the property proposed for developm.ent can be serviced by essential public facilities and services. c. The continuity of the proposed development with the capital improvement program; City Council finds that the subdivision will not conflict with the capital improvement program because the developer is required to install sewer, water, utilities and irrigation, for the development at their cost D. The public financial capability of supporting services for the proposed development; The developer will be financing the extension of sewer, water, utilities and inigation services to serve the project The primary public costs to serve the future site will be fire and police services. City Council finds that this develop.ment will not cause excessive additional requirem.ents at public cost, if the applicant complies with the conditions of approval for the and preliminary plat application~ E. The other health, safety or environmental problems that may be brought to the Commission's attention. ACHD considers road safety issues in their analysis; ACHD staff has approved this subdivision., with conditions. There are no l1ealth, safety, or environmental pro.blems to bring to the Commission's attention (. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISIO.N & ORDER In the Matter of a request to Annex and Zone 15.94 acres from .RUT/C2 to C-G (General Retail and Service Commercial), by Avest LP. Case No(s): AZ-04-033 For the City Council Hearing Date of: March 15,2005 A~ Filldings of Fact 1. Hearing Facts a. A .notice of a pu.blic hearing was publislled for two (2) consecutive weeks prior to tIle City Council public hearing, tIle first publication appeari11g and written. notice mailed to propel1y OWllers or purc.hasers of record witl1i.n tl1ree .hundred feet (300') of the external boundaries of the property. The 110tice of public hearing before the City Council was posted upon the .property under consideration more than 0.11e week before said hearing. All other noticing was done consistent with. Idaho Code 967- 6509. The luatter was duly COllsidered by the City Co.uncil at the March 15, 2005, .public hearil1g(s). The applicant, affected property OWllers, and govel1Unent su.bdivisiol1S providing services witllin the plalUling jurisdictiol1 of tIle City of Meridian were given full opportunity to express C01TIlnellts alld sublnit evidence. b. Writtel1 and oral testimony was received on this matter, as reflected in the records of the City Clerk (for written testimollY) and. in tIle official Ineeting rnil1utes (for oral testimony). c. The Planl1illg and Zoning CO:Iulnission conducted a public hear.ing al1d issued a written recolnlnel1dation on the subject lnatter to the City COUI1Cil. d. TIle City COUllCil .heard and took oral and writtel1 testitTIony and duly considered the evidence and t]le record in this Inatter. 2. Process Facts a. T.here l1as been compliance with all notice and hearing requirelnents set forth in Idallo Code ~67-6509, 6512, and .Meridial1 City Code ~~ 11-15...5 and 11-] 7-5 as evidenced by the Affidavit of Mailing, and the Affidavit ofPu.blication and Proof of Posting filed with the staffrepo11. 3. Application and Property Facts CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-04-033 - PAGE I Of 3 '" \:...... .. a. In addition to the application and pro.perty facts noted ill the staffre.port and the Planning & Zoning Reco:lnmendation for the subject application(s), it is hereby verified tllat the pro.perty owner(s) of record at tIle titne of issuance of these fi.ndings are A vest Properties L.P, Kathlee.n Weber - General Partner. 4. Required Findings per Zoning and Subdivision Ordinance a. See Exllibit C for the findil1gs required for tllis application. B.. Conclusions of Law 1. The City of Meridian s.hall exercise tIle powers cOl1fen4ed upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idallo Code (I.C.. 967- 6503). 2. TIle Meridian City Council takes judicial 110tice of its Zo.ning, Su.bdivision alld .Developl11el1t Ordinances codified at Titles II alld 12, :Meridian City Code, and all current zoning maps tllereof. The City of Meridian .has, by ordil1ance, established the Ilnpact Area and the Amended Cornprellensive Plan of the City of Meridian, whic.h was ad.opted August 6, 2002, Resolution No. 02-382 and Maps. 3. The cOlld.itions shall be reviewable by the City Council :p.ursual1t to Meridian City Code S 11-1 7 -9. 4. Due consideration l1as been given to th.e comluent(s) received fr01TI tIle govemtnel1ta] subdivisions providing services in the City of Meridian .plal1nil1g jurisdictiol1. 5~ It is fOUl1d public facilities atld services required .by the proposed development will not ilnpose expense u.pon th.e public if tIle attached conditiollS of approval are ilnposed. 6. That tIle City l1as granted an order of approval ill accord.al1ce wittl t11is Decisiol1, wl1icl1 sllall be sigl1ed .by tIle Mayor and City Cle.rk al1d tIlen a copy served by the Clerk upon tIle applicant, the Planning and ZOlling Departlnent, the Public Works Departlnent and any affected party requesting 11otice. 7. Tllat this approval is subject to tIle Legal DescriptiollS ill Exllibit A, and tIle Alll1exatiol1 al1d Z011ing COIDlnents in Exllibit B~ The conditions are co.ncluded to be reasonable alld tIle applicant sllall1neet SUCll requirements as a cO.lldition of approval of the application. c. Decisio.n and Order Pursuant to th.e City Council's autl10rity as provided in Meridian City Code S 12-3-5 and based .upon tIle above alld foregoing Findings of Fact whicl1 are l1erein adopted, it is l1ereby ordered tllat: 1. TIle AlIDexatiol1 al1d Zoning COlTIlnel1ts are as sllown in Exhibit B~ D~ Exllibits CITY OF MER1DIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-04-033 - PAGE 2 of3 (.. . f~~:... \\... '. Exhibit A: Legal Descriptions :Exhibit B: Arulexatio11 and Zoning C01TIlnents Exhibit C: Zoning Amendlnel1t Findings By action of the City Council at its regular Ineeting l1eld on tIle I fit?::: day of 111. U{/1 of,. -" , 2005. COUNCIL MEMBER SHAUN WARDLE VOTED COUNCIL M.EMBER CHRISTIN,E DONNELL VOTED COUNCIL MEMBER CHARLIE ROUNTREE VOTED COUNCIL M:EMBER I(EITH .BIRD VOTED MAYOR TAMMY de WEERD (TIE BREAKER) VOTED Attest and City Attorney. 1 By: \ ''eriy Clerk's Office Dated: (~, \ X ~ OS CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AN.D DECISION & OR.DER CASE NO(S). AZ-04-033 - PAGE 3 of3 t, . t.:.... . \^ EXHIBIT A Stor-it AZ-04-033 Legal Description NOVenlfJcr 9 ~ 2Q(J4 }lagc 1 of 2 EXHIBJT ~.l\" ANNEXt-\TJON PROPE.RTY BOUNDARY A tract of land being an ofP;iuc,cl A as shown on Record of Survey No. 5576 fnstnuncnt No, lOT [Og209~ said parcel being described in \Varranly Deed Instrument No- 101 I 1551 L Ada County Records~ together \vith a ponion of the Union P~cjfic Railroad Righl-of..\VuYt all being situated in tbe SE ~!"' of Section JO~ To\vnship 3 North, Range I Weslt BOlse Meridian, Ada County~ Idaho~ said tract being more parhcularly described as follows~ Conunencing at the Southeast comer of said SectIon I O~ thence along lhe Ea..~l hne of said Sect"ion1 being the centerline ofTen Mile Road~ North OOD27'06H East I 096,83 feet to a 518~' rcbar and cap [Harking the southeast cOiner of said Purcel "~A ~t said point being the POINT OF BECrNNING; thence leaving said East line along the South line o[sald Parcel '"'AH North 88051 ~50H \Vcst 1545.36 feet; thence leaving said South line North 01008' I O'~ E~lSl450.00 feet to a point on lhe South line of the Union PaciHc Railroad Right~ o f- \V (lY~ tllCI1CC North OIt)081IOH East 200.00 feet, to the North line of said Righl-of..\Vay, thence along said .North Ii 11 e South 88051 ~50'?, East 1537.60 feet to the said Rust hne of said Section 1 O~ thence along said East I ill e South OOo27~06n \Vcsl 200.0 I to a point on the said Soulh hnc of the Unlon Pacific Railroad Right- of~ \Vay~ thence continuing along said East line South Ooc27'06'~ WCSl450J)) feet to the POINT OF BEGINNING. Said tract contains 23.00 acres,. Hlore or less~ being 15-94 acres of said "Parcel A and 7.06 acres of said lfnion Pacific Railroad Righl-of- W ny. NOV 2.J 200t! I. REV 'w APPROVAt.. ').-. \ 8'1. . --- f l:") I ---- t~~E F!~rHAN PUBLIC VJO P;K 5 OEPT (.~,... -I'ij;I.~ ~~ ...... ~ W l:lll; ...e...~.r:...H'J' J: ~ ~.u n:~ ~ ........... ..~ ......J . . . : /~..........<::.~~: ,.~ ~~.~ ~ . ~.j t ~ ~ ~ ~ ...L 1.. T ".. ~.., I ~.. I; 1":] 1 t 1. l "I"l. t . J:. f l I I. ~_.J::.~. 1 t -::-. f. J t !. 1 .LL..t:..:r. ~. 1.:r..t. t .I t .l: .:1: 1:: l::-LL.W:~::::..:r.l ~ .l: t 1. J:.L 1 l.:...Lr,.1".... l.uT-I' ~ ~ ~ :[ t .1. I I ~ L~.. -n.@~~~D--~.~. ~~~. -.~-~. ~ _~_." -u _~ __ _ _ _.. ______ _ n. _'. _____. _.. _.w__ ~E[J I 5 2005 f. . J t ~. t) 1.. ,\J.r HIDIA~f H~-\1N"};o.;G &. Z01\lNG H ....---.~~.........- ~--'-."'...~--.-...-.-~........... ....... ........~. --~ [" . \. .. (:.. . . EXHI.BIT B Stor-It AZ-04-033 Annexation and Zoning Comments ANNEXATION AN:O ZONING COMMENTS 1 ~ The legal description sublnitted witll tIle application meets tIle requirements of tIle City of Meridian and State Tax Cornluissiol1 and :places the parcel COlltiguous to existil1g city limits~ 2~ Th.e subject property is witllil1 the Urban Service Planning Area~ Essential City services can be Inad.e available to tIle subject .property. 3. All future development 011 sa:id property sIlaII comply with the City of Meridiall ordinal1ces in effect at the tilue of application. 4. Any existing dOlnestic wells and/or septic systelTIS witllil1 tllis project wil111ave to be relnoved froIn tlleir domestic service, .per City Ordinallce Section 5-7-517, when services are availa.ble froln tIle City of Meridia.n~ Wells nlay .be used for nOll~ dOlnestic purposes SUCll as lalldscape irrigation. 5.. Prior to tIle annexatiol1 ordinallce approval, a Developtnent Agreelnent (.DA) sllall .be el1tered il1tO betweel1 the City of Meridian, property owner (at the tiIne of anl1exation ordil1ance adoptioll), and the developer. TIle applicant shall COlltact tIle City Attorney, Bill Nary~ at 888-4433 to initiate this process. The DA sl1a11 il1corporate tIle followitlg: · Ten .Mile road is wit11il1 ACHD's Five Year Work Plan al1d right of way will be required to complete the goals as set fortll by ACHD~ Staff is recolnmendi.ng tl1at tIle applicant ded.icate the rigl1t of way as set forth by ACHD as a condition. of tIle developlnent agreelnent. · Prior to issuance of any buildin.g pennit or Certificate of Zoning COln.pliance 011 the subject property, the site sIlall be reviewed for cOln:pliallce Wit}l the Meridian City Code for latldscaping, parking and setback requirel11el1ts. · Prior to issuance of any building permit or Celtificate of Zoning COlu.pliance on tIle su.bject property, the required right of way sIlalI .be d.edicated to ACHD~ · The City of Meridian's COlnprehensive Plan requires a multi-use patllway alollg Ten Mile Creek, .provided at tIle oWller's ex:pel1se and. in coo:peration with the City of Meridian Park and Recreation~ Therefore, tIle applicant sllall construct a ten-foot lTIulti-use patllway to Parks Departlnellt standards as set forth in tIle August 2003 Co~n.prellensive Parks al1d Recreation SystelTI Plan, .pgs~ 3-2 al1d 3- 3, sections .B & c~ The applicant shall obtain an easelnel1t or agreelnent witIl the (.... ...: <::'_.U Nampa Meridian Irrigation District for tIle appropriate access requirelnents on the west side of Ten Mile Creek. MERlDIAN FIRE DEPARTMENT COMMENTS (AZ-04-033) The Meridian Fire Department provided agency COffilnents on Dece.lnber 17, 2004. In particular, they noted the following specific concerns: 2. Any roadway greater than 150' in length that is 110t provided witll all outlet shall be required to have an approved tu.rn around. 3. All entrance and internal roads sllall .have a turning radius of 28' inside and 48' outside. 4. Insure that all yet undeveloped parcels are lnaintained. free of cOlubustible vegetation. 5. Operational fire hydrants and tel11porary or pennanent street signs are required .before combustible construction begins. 6. TIle roadways shall be .bu.ilt to Ada County :Highway Standards and sllall have a clear driving surface, available at all tilues, Wl1ich is 20' wide. Streets wit11 less than a 29' street widtll shall have no parkil1g. Streets with less than 33' shall have .parking only on one side. 8. COlTIlnercia] and office occupancies will req.uire a fire-flow consistellt with tIle Ul1ifOllTI .Fire Code to service tIle pro.posed project. .Fire hydrants shall be placed an average of300' a.part. 11 " Provide a Knox.box entry systeln for tIle cOlnplex. 12~ All .processes & storage practices sIlaII be required to comply with the International Fire Code. SANITARY SERVICE COMPANY COMMENTS 1. Design the enclosure(s) per the standard reCOlTIlne.ndations of sse for access, gates, floor/pad, contail1er stopslb.umpers, and d.ilnensions. Coordil1ate the location and design wit}l sse. Approval of the trash enclosure design will be required plior to issuallce of a Certificate of Zoning COlnpliance for the project. MERIDIAN PARKS DEPARTMENT COMMENTS 1. Patllway and Trail standards: The proposed patl1way and/or trail shall meet tIle standards as set fortl1 ill the August 2003 Comprellensive Parks and Recreation Systeln 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 arten.a] to another, and either an easemel1t or ownership deed lTIUst be granted before the city will aSSUlne the maintenan.ce of any section of pathwaY4 ( EXHIBIT C Stor-It -A vest, LP AZ-04-033 Zoning Amendment Findings ANNEXATION AND ZONING. FINDINGS The legal description sublnitted with the application meets tIle requirelne.nts of the City of Meridian al1d State Tax COlnlnission~ The subject property is with.in. tIle U'rban Service Planning Area. Because there are existing commercial uses on tllis site, staff has cOlnbined tIle analysis of.use with tIle arulexation and zonil1g findings. According to Ordinance 11-15-11, General Standards Applicable to Zoning Aluendlnel1ts, both the P&Z Commission and Council are reqllired "to review the particular facts and cirC~lmstances of each proposed zoning amendment in terms of the following standards and shallfind adequate evidence answering thefollowing questions about the proposed zoning amendment jj The following is the list of standards found in .1 ] -15- J 1 and analysis by staff: A. Will the new zoning be harmonious with and in accordance with the Co.mprehensive Plan and, if not, has there been an application for a Comprehensive Plan amendment; T:he 2002 COlnprehensive Plan Future Lalld Use Map designates tIle subject property as "Mixed Use - Regiollal". III Chapter VII of the COlnprellensive Plall, "Mixed .Use - RegiollaI" areas are anticipated to provide a l1igher density residential uses, greater than 200,000 sq ft 11011-resid.ential b.uilding areas, limited Conditional Use pennits. Uses Inay il1clude major elnployers, entertainment, and clean industry~ Staff finds that the requested C-G zonin.g gellerally confonns to this stated purpose and intellt of tIle Mixed Use - Regio.nal designation. T.he conceptual plan for tIle property does not pro.pose a tnix of .uses~ However, this is a relatively sInall pro.perty, al1d it Inay only be feasible to develop witll a sil1g1e use. Staff al1ticipates that the property immediately south of the subject property will be develo.ped with a churc.h; the COluprehellsive Plan designates tIle property to tIle west as Multi-fatuily residel1tial. Tllis would bring a Inix of uses to th.e general area. Staff finds the following Goals, Objectives, and Action itelns contained in tIle 2002 Comprel1ensive Plan to be applicable to this application (staff analysis is in italics below policy): (:._.. : · "Restrict curb euts and access points on collectors and arterial streets~" (Cl1apter VII, Goal IV, Objective D, Action item 2) One curb etl! on Ten Mile Road exists and no new curb cutes are .planned~ · "Require approp.riate landscape and buffers along transportation corridors (setback, vegetatioll, low walls, benns, etc.)." (Cha.pter VII, Goal IV, Objective D, Actio.n item 4) The Applicant has not addressed landscaping adjacent to the existin,g uses that are to remain on-site. A CHD has stated that its future right of way acquisition width on .Ten Mile Road will be 45-feet on each side of the centerline (90 feet total) for building setbacks and to include a frontage road. The general requirements of A CHD would not be in compliance with the existing use and WOltld require compliance t€pon approval of a detailed site plan and/or Sllbdivision and/or conditionalllse permit issuance~ Stafffinds that the existing building setbaclcs, landscaping, and the potential for right-af-way acqllisition create a unique situationfor the site. In order to mitigate anticipated problelns, staff recommends that the City enter into a development agreement with the Applicant. · "Pel1uit new · · .commercial developlnent only w11ere urban services can .be reasonably provided at tIle tilue of final approval and develo.pment is contiguous to the City." (Chapter IV, Goal I, Objective A, Actio!l itelTI 6) The Meridian Fire Department comments are based on the conceptual site plan indicating a single use of indoor storage facilities. One of the comments received fi-.om the Fire Department states that the new bridge and potential fot' multiple btlildings creates several items of concernA The Meridian Fire Department reqtlires specific turning radillses between buildings, two pOil'ltS of access, weight requirenlents for the bridge, and water flow to be established prior to iSStlance of any building pernlit or certificate of zoning compliance. Public Wor/(S will submit a separate memo related to this finding discussing the availability of sanitary sevver and lvater systemsA · "Locate new cOlnmunity COIUl11 erci al areas on a11erials or collectors near residential areas in SUCll a way as to cOlnplement with adjoining residential areas." (Chapter VII, Goal I, Objective B, Action itelTI 5) The subject property has frontage on a designated collector Ten Mile Road. The existing uses adjacent to this site have not yet developed to the e.--rpected (.. . { . .~\.~. residential densities or Commercial uses anticipated in the Comprehensive Plan. The existing area will be complemented by the 'uses of a Church to the SOl-lth of the property and varying residential densities in the immediate vicinity to the north and west of the site. The comprehensive plan designation to the west of the site is high density residential and medillm density residential to the north of the siteA The applicant has indicated a lvorlcing relationship vvith the property owner to provide storage for a proposed apartment complex and to have a secondary access to the west to provide for' thru flow of emergency vehicular traffiC6 The anticipated residential densities for the general vicinity would be expected to tltilize the storage facilities and other mixed conlfflercial uses within the similar comprehensive plan designation. · "Plan for a variety of COfilmercial and retail opportunities within the .Impact Area.n (Chapter .VII, Goall, Objective .B) The proposed and existing indoor storage facilities are the only storage facilities in the general vicinity. It is expected that a variety of cOlnnlercial and residential uses lvould utilize the site lvith Cl nux of injill conllllercial sites and a valying of densities in the residential developnlents. · "Require all COlTIlnercial busil1esses to il1stall and Inaintain lal1dscaping." (Chapter V, Goal III, Objective D, Action item 5) The Applicant has not addressed the reqtlirement to install landscaping adjacent to the existing indoor storage facilitiesA Prior to issuance of any building permit or certificate of zoning compliance the applicant shall provide a landscape .plan and install the required landscaping in conformance lvith MCC Title 12 Chapter 13~ · "Multi-use off street patllways are to be located alol1g, natural drains/creeks and canals~. ~ the UPRR railroad cOITidoI'." (Chapter VI, Figure VI-3) .Figure VI-3 on page 55 of the Comprehensive Plan designates a multi-llse pathway on Ten Mile Creek which bisects the site. The Applicant has not addressed the iSSlles of a pathway on the site., however as residential developnlents to th,e north of the site will be extending the pathway on the North side of the UPRR Right of 11lay the pathlvay will be required to connect through the site on the west side of Ten Mile Creek according to the design standards for pathways as listed in the City of Meridian Comprehensive Parks and Recreation System Plan. · "2~ Idel1tify feasible il1tercOlmected greenbelt areas along waterways.. 46 Develop alld Inail1tain greenbelt areas a]ong wate.IWays 11. To ilnprove and protect creeks (Ten lnile) tllroughout COlTIlnerciaI, industrial, and residential areas." (Cllapter V A.l D) c. The participation in the multi use pathway shall satisfy the goals and policies of the Meridian Comprehensive Plan improving the watenvay and providing the req'uired interconnectivity to the multitlSe pathway system. · "Consider "Accomlnodating Bicycle and Pedestrian Travel: A Recommend.ed A.p.proach" frOlTI the Natio.nal Center for Bicyclillg and Walking in all1ao.d use decisions." (Chapter VI, Goal II, Objective A, Action item 3) This publication enCOtlrages jurisdictions to establish bik:eway and wal/cway facilities in new constrllction and reconstruction projects, in a manner that is safe, accessible and convenient. The detailed site plan must address these issues. B. Is the area included in the zoning amendment intended to be rezoned in the future; Staff does not anticipate tl1at the Applicant intel1ds to rezone the subject .pro.petty in the future~ c. Is the area included in the zoning amendment intended to be developed in the fashion that would be allowed under the new zoning - for example, a residential area turning into commercial area by means of conditional use permits; Inside Storage Facilitates are principally permitted uses in the C-G zone~ Residential uses are prollibited in the C-G Z011e~ T.he existing business would .be principally allowed in a C-G zone~ The purpose of tIle C-G District is to l)fovide for COlTIlnercial uses, Wl1icll are custoluarily operated entirely or ahnost entirely with-ill a .building (MCC 11-7-2~K). Staff fillds that the proposed uses would conform to the proposed zoning~ 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 d.eveloped in a fashion similar to the proposed rezone area; Chesterfield Subdivision .has recently been all11exed and developed witll residential uses illllnediately l10rtll of the site. Tllere are several cOlulnerciaI and l1igh density residential developments in the area th.at would cOlnplement tIle site. The COlnlnission and Coul1cil should rely on tJle preceding facts and allY public testilllony to detennine whether tIle changes in the area dictate that this area s.hould be anl1exed into the City and zoned C-G at this tilne~ E. Will the proposed uses be designed, constructed, operated and maintained to be harmoniou.s and appropriate in appearance with the existing or intended ( character of the general vicinity and that such use will not change the essential character of the same area; Staff finds that the proposed C-G zone with the proposed retail uses if designed, constructed and operated in. accordance with adopted city ordinances, sllould be harmonious and appropriate in appearance witl1 tIle intended character of the vicinity~ TIle site is intended to .be used for COffitnercia] .uses whic.h, based on the COlnprellensive Plan descri.ption, will l1ave such uses as retai.l, wholesale, service and office uses, lTIulti-family residential, as well as appropriate public uses su.ch as govemlnent offices. The existillg uses do not cOllfonn to the hannonious and appropriate ap.pearance of tIle existing gen.eraI vicil1ity and would be required upo.n redevelopment to cOl1form to these goals and policies. F. Will the proposed uses not be hazardous or disturbing to existing or future neighboring uses; The existing uses on tIle site are l1azardous to neig.hboring uses~ Accessory to t]le existing businesses, there are cllemicals, gasoline, and assorted autolTIobile wastes stored on this site. Ap:propriate buffers should be required on the nort.h and. east boundaries of this developlnent, as the abutting uses are less-intense than the .proposed and existillg uses (see MCC 12-13-12-4). TIle COITIlnission and Council s110uld rely on .p.ublic testilTIOl1Y to detennine wl1ether the proposed uses will be disturbing or hazardous to the neighboring uses~ G. Will the area be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, ,vater, sewer or that the person responsible for the establishment of proposed zoning amendment shall be able to provide adequately any of such services; Staff finds tllat the proposed roadway ilnprovelnents to Ten Mile Road should be ac1alowledged with the detailed site plan for the .project. III tIle short tenn tIle existing access and. frontage are satisfactory for the site. T.his site .has over 500 feet of frontage on Ten Mile Road~ Based on future d.eveloptnent applications staff is conditioning tl1at the A.pplicant enter il1tO a development agreelnent witll tIle City to require im.provelnents (landscaping, sidewalk, lTIulti-use pathway, road widenillg, tUfl1-lalle, etc.) to Ten Mile Road, subject to ACH:O requirements, witll site-specific standards conditions to be Inet in accordal1ce witll ap.provaI of the subject developtne.nt. On Deceluber 17, 2004, a joint agency/departlnellt COlTIlnents Ineeting was lleld witll representatives of key service providers to this pro.perty~ The Meridian :Fire Departlnent has concerns with serviceability of this site, as it contains several req.uired turns around buildings to Ineet standards for serv.ice~ Because tIle applicant 113S not id.el1tified. all future buildings within tllis developlnellt, such (' . . ~ ~\.' .' buildings will be subject to furth.er reVIew and cotnments by Meridian Fire Department The Commission and Council should reference any written or verbal testilTIOny suhlnitted by the Meridian Police Department, and any other agency 110t listed above, regarding tlleir ability to adequately service this project. Staff finds that the property proposed for an.nexation call be served adequately.by all essential public facilities and services as co.nditioned. H. Will not create excessive additional requirements at public cost for public facilities and services and ,viII not be detrimental to the economic lvelfare of the community; If this atmexation/development is approved, the developer will be financing the extensio.n of sewer, water, local/internal street infrastructure, utilities alld irrigation services to serve tIle project The prilnary public costs to serve the future site will be fire and police services~ Staff fi.nds that this developlnent will 110t cause excessive additional requirelnents at public cost. I. Will the proposed uses not involve uses, activities, processes, materials, equipment and conditions of operati.on that will be detrim.ental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; Staff finds that tIle ind.oor storage facilities involve activ:ities, processes, materials, equip.lUel1t or conditiollS fIlat could produce excessive traffic, .noise, fulnes a11d/or odors, as well as otIler negative public ilTI.pacts.. A key qu.estiol1 that sllould be discussed at the public .llearing is w.hether tIle ilnpacts will be "excessive." .MCC 11-12-2 and 11-12-3 are illte.nded to luitigate jIn.pacts of special uses su.ch as fire hazards, bulk storage, noises. Staff does not allticipate tIle iln:pacts of the site to exceed tIle standards as set fortl1 by MCC 11-12-2 and 11-12-3 based 011 cun-ent o.peratillg COllditions. J. Will the area have vehicular approaches to the property which shaD be so designed as not to create an interference \vith traffic on surrounding public s t.ree ts ; Staff finds that any future uses may itnpact tIle level and flow of traffic on tl1e surrounding roadways. TIle site has Olle access point to Ten Mile Road al1d future developmel1t sho.uld be designed as to provide COl1tiguous traffic flow to adjoining properties~ K. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and ;. g \.: . . (:.:"^:. . , Stafffinds that tl1e Ten Mile Creek is a sigllificant natural feature that should be protected through standard stonnwater and run-off lnanageluent practices. Staff is not aware of allY other natural, scenic or historical feature(s) of major iIn.portance in the area tllat may be affected by the proposed developlne.nt. Staff finds the COlnmission and Council sho.uld rely on any public testilTIOny that Inay be .presented to detennine whether the proposed use may cause health, safety or envirorun.ental proble.ms of which staff is unaware. L. Is the proposed zoning amendment in the best interest of the City of Meridian. (Ord. 592, 11-17-1992)" Staff finds that the annexation and zoning of this property as mitigated through a development agreement may be in the best interest of the City.for the folloyving reasons~~ · municipal sanitary sewer and water systelTIS are readily available to pro.vide service; · the proposed use luay involve act.ivities, processes, materials, equiplnent and/or conditions that will produce additiol1al traffic, noise, fiunes alld/or odors, as well as other negative public itnpacts that ca.n be mitigated throug.h develo.pment of the site; · the existin.g uses t]lat are to relnain, signage, lan.dscapillg, public infrastructure (sidewalk, bike lanes), screenil1g, drive-aisles, or parkin.g, are to be broug.ht into cOlnpliance witll CUITent City Code upon developluel1t of the site; For the reasons listed in the findings above, Citv Council finds that the annexing and zoning of this vropertv would be in the best interest of the Citv. (-... BEFORE THE MERIDIAN CITY COUNCIL C/C March 15,2005 IN THE MATTER OF THE ) APPLICATION OF PRIMELAND ) DEVELOPMENT, LLP FOR FINAL ) PLAT APPROVAL OF 50 SINGLE- ) FAMILY RESIDENTIA:L BUILDING ) LOTS AND 9 COMMON LOTS ON ) 23.71 ACRES IN AN R-4 ZONE ) LOCATED WEST OF NORTH AND ) SOUTH OF WEST MCMILLAN ) ROAD IN LOCATED IN THE ~ OF ) SECTION T. 4N., R. lW., SECTION ) 35. ) ) CASE NO. FP-05-016 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT Tllis matter coming before tIle City Council for Final :Plat ap.provaI pursuant to Meridian City Code S 12-3-7 on March 15,2005, and the Council finding that the Administrative Review is complete from Sonya Allen, Assistant City Planner for the Planning and Zoning Department, and Bruce Freckleton, Development Services Manager for the Public Works D~partment, dated: Hearing Date: March 15, 2005, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of"PLA T SHOWING BRIDGETOWER CROSSING SUBDNISION NO. 11, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2005, HANDWRITTEN DATE: 02-09-05, SHEET 1 OF 2, ENGINEERING ORDER OF CONDITIONAL A.PP.ROV AL OF FINAL PLAT FOR BRIDGETOWER CROSSING SUBDIVISION NO. 11/ (FP-OS-O 16) page 1 Of 4 ( SOLUTIONS, LLP, EAGLE, IDAHO", PRIMELAND DEVELOPMENT, LLP, MERIDIAN, IDAHO, Developer, is Conditionally Approved su.bject to those conditions ofStaffcolTIln.ents as set forth in the Memorandul11 to the Mayor and. City Council from Sonya Allen, Assistant City Planner for the Plaru1ing and Zoning De.partment and Bruce Freckleton, Developlnent Services Manager for the Public Works Department, dated: Hearing Date: March 15, 2005, listing 17 SITE SPECIFIC REQUIREMENTS/FINAL PLAT and 7 GENERAL REQUIREMENTS, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of 4 .pages, and by this reference incorporated herein, and tIle response letter from Engineering Solutions, LLP, a true and correct co.py of which is attached hereto marked Exllibit "B" and consisting of 2 pages, and by this reference incorporated herein, and the additional requirements froln the action of the Council taken at their MarcIl 15, 2005 .meeting as follows, to-wit 1.1 Adopt the Recommendation of the Central District Health Department as follows: The Central District Health requires after written approval from the appropriate entities are submitted, they can approve tllis proposal for central sewage and central water; that plans must be submitted to and ap.proved by the Idaho Department of Health and Welfare, Division of Environmental Quality for central sewage and central water; that run-offis not to create a mosquito breeding problem; and it is suggested that the stormwater be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BRIDGETOWER C.ROSSING SUBDIVISION NO. 11/ (FP-OS-016) page 2 Of 4 ( . (7":...... groundwater and surface water quality; that engineers and architects should obtain current best management practices for stormwater disposal and design a stormwater manageme.nt system that is preventing ground water and surface water degradation~ Manuals for guidance: 1. State of Idaho Catalog of Stonnwater Best Management Practices for Idaho Cities and Counties. Prepared by the Idaho Division of El1vironmental Quality, July 1997~ 2. Stormwater Best Mallagement Practices Guidebook. Prepared by City of Boise Public Works Departlnent, May 2000~ 2~ The final plat upon whicl1 there is contained the Certification and signature of the City Clerk and tIle City Engineer verifying that the plat :meets the City's requirem.e.nts shall be signed only at such time as: 1 ~ The Plat dimensions are approved by the City Engineer; and 2. TIle City Engineer has verified that all off-site itnprovements are completed and/or tIle appropriate letter of credit or cash has been issued guaranteeing the com.pletion of off-site and required on-site improvements~ NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The A.p.p Iicant is l1ereby 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 witl1 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 BRIDGETOWER CROSSING SUBDIVISION NO. 11/ (FP-OS-016) page 3 of4 ( /:. ( request for a regulatory takings analysis will toll the time period witllin 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 WI10 has an interest in real property Wllicl1 may be ad.versely affected by this decision may, within twen.ty-eight (28) days after tIle 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 \5~ day of (h(l r~ h , 2005. Attest: By: ,Gt ~ City Clerk's Office Dated: 4 .- \4 -0:; ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BRIDGETOWE.R CROSSING SUBDIVISION NO. 11/ (FP-OS-O 16) page 4 Of 4 (. j :f MAYOR TalTIlny de Weerd . Ian PUBLIC WORKS BUILDING DEPARTMENT (208) 898M5500 · Fax (208)898-9551 CITY COUNCIL MEMBERS Kei tll Bird CllriStillC Domlell S}luun Wardle Charles M. Rountl~e lO,.\HO .'t " " \1 ...~ iT .p!" PLANNING AND ZONING DEPARTMENT (208) 884-5533 · FAX 888-6854 STAFF REPORT: Hearing Date: March 15,2005 To: Mayor & City Co.uncil JIl Sonya Allen, Assistant City Plannel Bruce Freckleton, Development Services Manager From: Re: Request for a Final Plat Approval of Bridgetower Crossing Subdivision No. 11 Consisting of Fifty (50) Building Lots and Nine (9) Common Lots on 23.71 Acres in an R-4 Zone by Primeland Development, LLP (File# FP-05-016) We have reviewed. this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY & LOCATION The applicant, Primeland .Development, LLP, :has applied. for final plat approval of the eleventl1 phase of Bridgetower Crossing Subdivision~ This phase includes 47 single-falnily residential building lots, 3 cOIn.mercial office lots, and 9 commO.ll lots on 23.71 acres. This .phase is located on the west side of N. Linder Road., approximately 'l4 mile santIl of W. McMillan Road in the NE ~ of Section 35, T.4N~, R.l W~ The subdi vision is located in an R -4 zone and has been approved as a planned development. The minimu.ID house size within the subdivision is 1,400 square feet, excluding the garage. The .Preliminary Plat was approved under the name of Bridgetower Crossing :East Subdivision. The approved Planned Development (CUP) allowed for increased block lengths and a reduction in street frontage to 69-feet for single family residential lots in this subdivision. The co.mmon area lots within the su.bdivision co.nsist of landscape, open space, and drainage lots, and will be maintained by tIle Bridgetower Crossing Homeowners Association. The pressurized irrigation system within t]lis development is to be owned and maintained .by the Bridgetower Crossing and Verona Homeowners Associations. TIle proposed final plat substantially conlplies witll the approved preliminary .plat. Staff recommends approval of Bridgetower Crossing Su.bdivision No. 11 with the conunents and conditions stated in this re.port. FP -05-0 I 6 Exllibit "A" Bridgetower crOSSing SUb 11 FP .doc \..... . (-.. Mayor & City Council Hearing Date: March 15, 2005 Page 2 SITE SPECIFIC REQUIREMENTS 1. Applicant is to meet all terms of tIle approved Preliminary Plat (PP-02-014), Conditional Use Permit (CU.P-OI-006) and Developm.ent Agreement (Inst. N.o. 101117652). 2. The Developer s]lalI be responsible for paytnent of water assessment fees for any COIDluon areas proposing to use City water as a backup irrigatio.n source. Ap.plicant l1as indicated th.e Creason Lateral will be used as the .primary source, with Five Mile Cree.k providing the backup source of water. 3. Street signs are to be in place, water systelTI s.hall be approved and activated, pressurized irrigation system approved and activated, drainage lots constructed, fencing installed., and road. .base approved by the Ada County Highway District prior to applying for .building .permits. All development improvements shall be installed and approved prior to obtaining certificates of occupancy. 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 tIle final .plat. 4. Sanitary sewer service to this site shall be via extensions from existing mains installed adjacent to the pro:posed subdivision. Water service s.hall be via extensions from existing mains installed adjacent to the :proposed subdivision. Applicant will be responsible to construct the sewer and water mains to and througIl this proposed develo:pment. Su.bdivision designer to coordinate main sizing and routing with the Pu.blic Works :Department. 5. Underground pressurized irrigation lTIUst be provided to all landscape areas on site. Applicant has indicated that the pressurized. irrigation system within this develo.pment is to .be owned and mailltained by th.e HOlneowner's Association. Since the system is being :proposed as a pri.vate system, plans and specifications for the irrigation system shall be reviewed by the Publi.c Warks Department as part of tIle development plan review process. A draft copy of the pressurized irrigation system O&M manual must be submitted prior to plan approval. 6. Please submit all updated groundwater/soils monitoring data to the Public Works Departm.ent for review. Any drainage areas (detention/retention basins) must be designed to ensure that water is retained only during lOO-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 otller 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 tllat the street centerline elevations are set a minimum of 3-feet above the l1ighest established. normal groundwater elevation. 7. Fencing along micropaths shall be consistent with existing micropath fencing approved in .previous phases of Bridgetower Crossing Subdivision. The developer shall place a deed restriction on the residential building lots adjacent to tIle micropath lots to prohibit the FP-OS-O 16 EXhibit ~~A" Bridgetower crOSSing SUb II FPodoc (~.-'H. ) -::~.......... . { . t",.. .. Mayor & City Council Hearing Date: March. 15,2005 Page 3 construction of any solid fencing higIler than four feet on the sides adjacent to the .pedestrian walkway lot per condition of the Preliminary Plat (Findings of .Fact al1d Conclusions of Law No. 49E., page 7-8). Temporary construction fencing to contain debris shall be installed along the northern boundary of the comln.ercial phase unless fencing already exists at the northern subdivision boundary. All fencing shall be in compliance with MCC 12-4-10. 89 The Landscape Plan prepared by Harvest Design, dated 2/4/05 shall be revised as follows: a. Storm drainage ponds shall be seeded in the bottom, sand is not allowed. Storm drainage facilities nlust be in compliance with MCC 12-13-14-2~ 9. Please add or revise the following plat notes: (14.) Strike note~ Setbacks are no longer required to be shown on plat 10. Applicant shall be required to pay Pu.blic Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final.pIat per Resolution 02-374~ 11. All drainage areas (detention/retention .basins) must be d.esigned to ensure tllat water will percolate or discharge witl1in a period of time not to exceed 24 hours for all storIns up to and including a ] aD-year storm event Side slo.pes within drainage areas .m.ust be less tllan 3: 1 for accessibility and maintenance. Storm drainage facilities must be in compliance with MCC 12-13-14-2. 12~ Submit "Final" letter froIn the Ada County Street Name Committee, ap.proving the subdivision and street names. Make any corrections necessary to conform. 13 ~ Developer shall coordinate mailbox locations with the Meridian Post Office. 14. Complete the Certificate of Owners and its accompanying Acknowled.gement. 15. A.pplicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 16. Applicant sIlall be responsible for application and complian.ce with and NPDES Permitting tllat Inay be required by the Environmental Protectio.n Agency~ 17 ~ Staffs failure to cite specific ordinance provisions or terms of the approved Preliminary Plat, Conditional Use Permit or Development Agreement does not relieve Applicant of responsibility for compliance4 FP -05-0 I 6 Exlli bi t "A" Bridgetower crOSSing SUb 11 FP odoc (..... ""( "" " Mayor & City Council Hearil1g Date: March 15,2005 Page 4 GENERAL REQUIREMENTS 1. All irrigation ditclles, laterals or canals, exclusive of natural waterways, intersectin.g, 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 ap.propliate irrigation/drainage district, or lateral users association (ditch owner's), witl1 written. approval or nan.-approval submitted to the Public Works De.partment. If lateral users association approval can't .be obtained, plans will be reviewed and approved by the meridian City Engineer prior to final plat signature. 2. Any existing domestic wells and/or septic systems within this project will have to be relTIoved froIn tlleir domestic service :per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landsca.pe irrigation. 3~ 250 and I DO-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 q.uantity are detennined after :power designs are cOlnpleted. by Idaho Power Company. Street light contractor to obtain design and pennit from the Public Works Department prior commencing installations. 4. Compaction test results lTIUst be submitted to the Meridian Building Departlnent for all lots receiving engineered backfill. 5~ Applicant's engineer will be required to submit a signed, stamped statement certifying that all street fil1ish centerline elevations are set a minimum of three feet above the l1ighest establis.hed normal ground.water elevation. 6. Coordinate fire hydrant placelnent with the City of Meridian's Water .Works Superintendent. 7. Provide five-foot-wide sidewalks in accordance with City Ordinance Section 12-5-2~K~ Sidewalks are to provide a clear five-foot-wide walkway pathway without encroachment of mailbox structures. STAFF RECOMMENDATION Staff recommends approval of the final .plat for Bridgetower Crossing Subdivision No. 10 with the above stated comments & conditions. FP-OS-O 16 EXhibit "A~' Bridgetower crOSSing SUb 11 FP .doc MGINEERING planrjng and engineering comlilmiUes lor the {muIs OLUTIONSLLP 150 Ea~t Aikens Street.. Suite B EagJc~ ID 83616 Phone: (208) 938-0980 Fax: (208) 938-0941 E-ulail: es-beckynl@qwcst.net March t 1 'I 2005 Mayor and City Council City of Meridian 33 East Idaho Meridian, 10 83642 Re: Bridgeto\ver Crossing Subdivision No. 11 (Final Plat) File No. FP-05-016 Dear Mayor and Council: We have reviewed staff comments for tile hearing date of March ] 5, 2005, and have the following responses: SITE SPECIFIC REQUIREMENTS I. The applicant will meet all terms of the approved preliminary plat (PP-012-014)~ conditional use permit (CUP-OJ -006) and developtTIcnt agreenlent (Inst.. No~ (01117652). 2. The applicant will comply. 3.. The applicant will comply_ 4. The applicant will comply. 5~ The applicant will comply_ 6. The applicant will comply. 7 · A note will be added to the face of the plat to address the fencing height. 8. The developer met at the site with staff and ~~da Count)r High,vay District. Problems lvith the high ,vater table \vere discussed.. The general consensus of the meeting ,vas that sand utilization for the basins is the best alternative; seeding \vould be \vashed out audIo.. vegetation \vould rot.. The developer ,yilt coordinate \vith staff to provide an acceptable design of these drainage areas. 9 ~ The plat note \vill he deleted. 1 0.. The applicant \vilI comply. C;~DoCUml'ltS and SettingS' EngincLnng Sot.Local Seuin,g:-- T ,;mpurary Inl~1 Ild rik~ OlK 7tJ R..:csRt.~ponSt:.d(Jc J:Xllibil ul It. (. Mayor and City Council March 1 ], 2005 Page 2 II.. The applicant \vill work with staff to provide an acceptable landscape design of these drainage areas. (SEE RESPONSE TO ITE1\118 ABOVE.) ] 2.. The applicant will comply. 13. The applicant \viII comply.. 14. The applicant will comply. 15. The applicant win comply. 16. The applicant will comply. 17. Noted. GENERAL REOUIREl\1ENTS 1.. The applicant will comply. 2.. l;he applicant will comply.. 3. The applicant will comply. 4. The applicant will comply.. 5. The applicant \vill comply. 6. The applicant will comply. 7. The applicant \vill comply with City ordinance for side\valk construction; detached side\valks may be four feet lvide. We believe this letter addresses all of your concerns. Please feel free to call me if you have additional COffilnents or questions. Sincerely, Engineering Solutions, LLP Becky McKay, Partner Project Manager BM:ss cc: Mr. Frank Varriale C:'..DocUmt~lL"; anti Scuings\Engin~t:ting. Sol~ LOC"dl Settings\ T empom~tc1Bt"es'OLK79~ R..:cs Rcspu nsc. dOC I ~xhihit ull tl c:,n.:.. C...: . BEFORE THE MERIDIAN CITY COUNCIL C/C March 15, 2005 IN THE MATTER OF THE ) A.PPLICATION OF BRIGHTON ) DEVELOPMENT, INC. FOR FINAL ) PLAT APPROVAL OF 2 OFFICE ) BUILDINGLOTS ON 2.44 ACRES IN ) AN R-8 ZONE LOCATED WEST OF ) LOCUST GROVE ROAD AND ) NORTH OF USTICK ROAD IN THE ) NE ~ OF THE SE 'l;I T. 4N., R. IE., ) SECTION 31 ) ) ) ) CASE NO. FP-05-015 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT Tllis luatter coming before the City Council for Final Plat approval pursuant to Meridian City Code S 12-3-7 on March 15,2005, and the Council finding that the Administrative Review is complete from Sonya Allen, Assistant City Planner for the Planning and Zoning Department, and Bruce Freckleton, Developlne.nt Services Manager for the Public Works :Department, dated: Hearing Date: March 15, 2005, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat the Coun.cil takes the following action: IT IS HEREBY ORDERED T.HA T: 1. The Final Plat of "P LA T SHOWING QUENZER COMMONS SUBDIVISION NO~ 8 LOCATED I N THE NE ~ OF THE SE IA OF T~ 4N~, R~ lE~, SECTION 31, BOISE MERIDIAN, MERIDIAN., ADA COUNTY, IDAHO 2005~ ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR QUENZER COMMONS SUBDIVISION NO.8 / (FP-OS-015) page 1 of4 (~~.:.. HANDWRITTEN DATE: 02/14/0500, SHEET 1 OF 3, ENGINEERING NORTHWEST, LLC, BOISE, IDAHO", BRIGHTON DEVELOPMENT, INC., BOISE, IDAHO, Develo.per, is Conditionally Approved subject to those conditions of Staff comments as set fort11 in the Memorandulu to tIle Mayor and City Cou.-ncil froIn So.nya Allen, Assistant City Planner for the Planning and Zoning Department and Bruce Freckleton, Development Services Manager for the Public Works Department, d.ated: Hearing Date: March 15, 2005, listing 14 SIT.E SPECIFIC REQUIREMENTS/FINAL PLAT and 7 GEN.E.RAL R.EQUIREMENTS, a true and correct copy of which is attached hereto marked Exllibit "A", an.d consisting of 4 pages, and by tl1is reference incorporated herein, and. the response letter from Brighton Development, Inc., a true and correct copy of which is attached hereto marked Exllibit "B" and consisting of 1 .page, and .by this reference incorporated herein, and the additional requirements from the action of the Council taken at th.eir March 15, 2005 Ineeting as follows, to-wit: 1 ~ 1 Ad.opt the Recommendation of the Central District Healtl1 Department as follows: TIle Central District .Health requires after w.ntten approval from the appropriate entities are submitted, they can approve this proposal for central sewage and central water; that plans .must be submitted to and approved by the Idaho De.partment of Health and Welfare, Division of Environmental Quality for central sewage and. central water; that rull.-off is not to create a mosquito breeding problem; and it is suggested that the stormwater be pretreated ORDER O.F CONDITIONAL APPROVAL OF FINAL PLAT FOR QUENZER COMMONS SUBDNISION NO.8 / (FP-OS-015) page 2 Of 4 //~... (:...... through a grassy swale .prior to discllarge to the subsurface to prevent impact to groundwater and surface water quality; tIlat el1gineers and architects should. obtain current best management practices for stonnwater disposal and design a stormwater management systeln that is preventing groundwater and surface water degradation. Manuals for guidance: 1. State of Idaho Catalog of Stormwater Best Management Practices for Idall0 Cities and Cou.nties. Prepared .by the Idaho Di vision of Envirornnental Quality, July 1997. 2. Stormwater Best Management Practices Guidebook~ Prepared by City of .Boise Public Works Department, May 2000. 2. The final plat upon whic.h tllere is contained the Certification and signature of the City Clerk and the City Engineer verifying that the plat meets tIle 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 ilnprovem.ents 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 AN.AL YSIS The Applicant is hereby notified that p.ursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed wit11 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 QUENZER COMMONS SUBDIVISION NO.8 / (FP-OS-015) page 3 of4 (~.:.......:. request for a regulatory takings al1alysis will toll the tilne .period within whicl1 a Petitio!l for Judicial Review Inay be filed. Please take notice that this is a final action of the governing .body of the City of Meridian, pursuant to Idaho Code S 67 -6521. An affected perSOll being a person who has an interest in real property which may be adversely affected by this decision may, within twel1ty-eight (28) days after the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idall0 Code. By action of the City Council at its regular meeting l1eld on the ~SH- day of -1Y\CLrQh , 2005~ Attest: By: City Clerk's Office Dated: 4 -\ \-05 G.RDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR QUENZER COMMONS SUBDIVISION NO.8 I (FP-OS-015) page 4 Of 4 f~ .~:-. . t,......: . /~... ( f ;- MAYOR Tallllny de Weerd fliitfJ.I~. i' · .-+'...: !:.~~~.~'~~~; '~~'1' Ian v ID/\HO .t' ./ PUBLlC WORKS BUILDlNG DEPARTMENT (208) 898-5500 · Fax (208)898-9551 PLANNING AND ZONING .DEPARTMENT (208) 884~5533 · FAX 888~6854 CITY COUNCIL MEMBERS Keitl1 Bird Christille Donllell Shaull Wardle Cllarles M. Rou ntl~c STAFF REPORT: Hearing Date: March 15,2005 To: Mayor an.d City Council Sonya Allen, Assistant City Planner JII. Bruce Freckleton, Development Services Manager From: Re: Quenzer Commons Subdivision No.8 Final Plat approval of Two (2) Building Lots on 2.44 Acres in a proposed C-N Zone (currently R-8 zone), by Brighton. Development, Inc. (File No. FP-05-015)~ We have reviewed the above referenced submittals and offer the following comments, as conditions of approval. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY & LOCATION The applicant, Brighton Development, In.c~, has ap.plied for Final Plat approval of 2 building lots on 2.44 acres of land for Quenzer COffil11ons Subdivision No~ 8. The zoning designation for the proposed subdivision is R-8 (Medium Density Residential) and was approved for co:mmercial use as part of the 20% land use exception approved. with the conditional use permit/planned development A rezone application is currently in process that wo.uld change the zoning designation to C-N (Neighborh.ood Commercial) for tIle commercial :portion of the develop.ment if ~p.proved. Quenzer COffilTIOnS Subdivision No.8 is located on tIle west side of N. Locust Grove Road, approximately Y2 mile north ofE~ Ustick Road, in the SE ~ of Section 31, T.4N., R~lE~ Tllis su.bdivision was prelilninary platted under the name of Heritage Commons Subdivision. The sublnitted final plat substantially complies with the approved preliminary :plat. Staff recommends approval of the fi.nal plat with the comments and conditions stated in tl1is report. SITE SPECIFIC COMMENTS / FINAL PLAT FP-OS-O 15 EXhibit "A'~ Quenzer Comnlons Sub8 FP.doc ( Mayor & Ci ty Council Hearing Date: March 15, 2005 Page 2 1. Applicant shall meet all terms of tile ap:proved Prelilninary Plat (PP-02-007), Conditional Use PennitlPlanned Developtne.nt (CUP-02-007), al1d Developlnel1t Agreement (Inst. No.102078396). 2. Temporary constru.ction fencing is not required along the .boundaries of this phase. The applicant submitted a construction debris co.ntainment plan/letter as part of the .preliminary plat application. 3. Street buffer landscaping along N~ Locust Grove Road was installed with. Quenzer Commons Subdivision phase. 3. 4. TIle pressurized irrigation system within this develo.pment is to be owned and maintained by the Owner's Association. The City of Meridian requires that pressurized irrigation systems be sup.plied by a year-round source of water.. If a. creek or well source is not available, a single-point connection to the culinary water systeln shall be required. Plans and specifications for the irrigation system shall be reviewed by tIle Public Works Department as .part of the development .plan review process, and a draft copy of the pressurized irrigation system O&M :manual must be sublnitted prior to plan approval. If a single-point connection is utilized, tIle developer shall be responsible for the :pa)'lnent of assessments for tIle irrigable common areas prior to signature on the final plat by the Meridian City Engineer. 5. Street signs are to be in place, water system sllaII be approved and activated, pressurized irrigation system approved and activated, drainage lots constructed, fencing installed, and. road base ap.proved by the Ada County Highway District :prior to applying for building pennits. All development improvetuents, including perimeter fencing, irrigation, and landscaping shall be installed and approved prior to obtaining certificates of occu.pancy. A letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, pressurized irrigation, amenities, sanitary sewer, water, etc~, prior to signature on the final plat. 6. Sanitary sewer and municipal water services to this site s.hall be via extensions fro.m existing mains. Applicant will be responsible to construct the sewer and water .mains to and through this proposed developnlent, thereby making them available to adjacent properties. Subdivision designer to coordinate main sizing and routing with th.e Public Works Departlnent. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. 7. Applicant shall be required to pay Public Works development plan review, and co.nstruction inspection fees, as determined during the .plan review process, prior to signature on the final .plat per Resolution 02-374. 8. Please submit all updated grou.ndwaterlsoiis monitoring data to the Pu.blic Works Department for review. Any drainage areas ( detention/rete.ntion basins) Inust be designed to ensure tllat water "is retained only during lOO-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 sodl grass seed (or other approved FP-OS-O 15 EXhibit "A" Quenzer ConUTIons Sub8 FP.doc Mayor & City Council Hearing Date: March 15, 2005 Page 3 (~:.......:.. landscaping) shall not count towards the req.uired open space area. The project engineer should pay close attention to the results of field. studies detennining 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 IninimUln of 3-feet above tIle highest establislled normal groundwater elevation. 9. Complete the Certificate of Owners and its accolnpanying Acknowledgement. 1 o. Applicant shall comply with the item #8 of the Findings of Fact and Conclusions of Law and Order of Conditional Approval of the preliminary plat, which reads: There is an existing] lJ300 foot long, 20-fool wide ingress-egress easement adjacent to the north boundary which provides LOCllst Grove Access for the two Crestwood S'ubdivision lots and the unplatted parceL The easement appears to lie entirely within the Heritage commons boundary" The applicant shall submit evidence that the easement of record permits the applicant to dedicate a public road over the top of said easement without vacating the easement and witho'ut obtaining consent of the beneficiaries of the easement. 11. Applicant s.hall .be responsible for application and. cOlnpliance witll any Section 404 Permitting that may be required by the Army Co~ps of Engineers. 12.. Applicant shall be res.ponsible for ap.plication an.d com.pliance with and NPDES Permitting that Inay be required by the Environmental Protection Agency. 13. prease add or revise the following plat notes on the plat dated 2/14/05: (10.) Add a note pertaining to the Right to Farm Act. 14. Staffs failure to cite specific ordinance provisions, or terms of the ap.proved preliminary .plat, conditional .use permit or development agreement does .not relieve the Applicant of responsibility for compliance. GENERAL REQUIREMENTS 1. Any tree over 4" in caliper that is relnoved from the property shall be replaced by installing additional trees, being tIle equivalent number of caliper inches of trees that were relTIoved. Required landsca:ping trees will not be considered as replacement trees for those trees that have to be removed. 2. All inigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided sllall be tiled per City Ordinance 12-4-13.. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department If lateral users association approval: can't be obtained, plans will be reviewed and approved by the Meridian City Engineer prior to final plat signature FP -05-0 15 Exh j hi t "A" Quenzer commons Sub8 F.Podoc {J .;....~ . ~:.... .... . ~ <:"on.:.:,..:. . Mayor & City Council Hearing Date: March 15,2005 Page 4 3. Any existing dom.estic wells al1d/or septic systelTIS within tll1s project will llave 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. 4~ Two-hundred.-watt, higl1-pressure sodiulTI streetlights will be required at locations designated by the Public Works Department. All streetlights shall .be installed at subdivider's expel1se. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are cOlnpleted by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department .prior commencing installations. 5. Compaction test results must .be sublnitted to the Meridian Building Departlnent for all building pads receiving engineered. backfill, where footing would sit atop fill luaterial. 6. Coordinate fire hydrant :placement with the City of Meridian Public Works Departnlent 7. Developer shall coordinate mailbox locations with the Meridian Post Office. STAFF RECOMMENDATION Staff recommends approval of the final plat with the above stated comments and conditions. FP-OS-O 15 EXhibit "A" Quenzer commons SUbS FP.doc ( O~/15/05 15:02 FAX 208 377 8962 I4J 002/003 Brighton Development Inc. 12601 w. Explorer Drive Boise, In 83713 March 15,2005 Mayor Tammy DeWeerd City COWlCil Members City of Meridian 33 E. Idaho Avc~ Meridian, ID 83642 Re: Heritage Commons Subdivision No. 8 Dear Mayor and Council: We are in receipt of staff report including conditions of approval for Heritage Commons Subdivision No~ 8. We are in agreement of those conditions.- Sincerely, David W. Turnbull President I ~,hibil frJ jU (.".. BEFORE THE MERIDIAN CITY COUNCIL C/C March 15, 2005 IN THE MATTER OF THE ) APPLICATION OF PARAMOUNT ) DEVELOPMENT, INC. FOR .FINAL ) PLAT APPROVAL OF 47 SINGLE- ) FAMILY RESIDENTIAL BUILDING ) LOTS AND 2 COMMON LOTS ON ) 17.53 ACRES IN AN R-8 ZONE ) LOCATED SOUTH OF CHINDEN ) BOULEVARD AND WEST OF ) NORTH MERIDIAN ROAD A ) RESUBDIVISION OF LOT 8, ) BLOCK 20 OF PARAMOUNT ) SUBDIVISION NO.4 AND A ) PORTION OF THE N ~ OF T. 4N., R.IW., SECTION 25 CASE NO. FP-OS-017 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Meridian City Code S 12-3-7 on Marc.h 15,2005, and the Cou.ncil finding that the Administrative .Review is complete from Sonya Allel1, Assistant City Planner for the Planning and Zoning Departme.nt, and Bruce Freckleton, Develo.p.ment Services Manager for the Public Works De.partment, dated: Hearing Date: March 15, 2005, to the .Mayor and Coun.cil, and the Council having considered the requirements of the preliminary plat the Council takes the following action: IT IS HEREBY ORDERED THAT: ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR PARAMOUNT S.UBDIVISION NO~ 5 / (FP-OS-O 17) page 1. of4 (:.~... 1~ The Final Plat of "PLAT SHO.WING PARAMOUNT SUBDIVISION NO.5 A RESU:SDIVISON OF LOT 8, BLOCK 20 OF PARAMOUNT SUBDIVISION NO.4 AND A PORTION OF THE N 12 OF T. 4N., R. 1 W., SECTION 25, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2005, HANDWRITTEN DATE: 02/09/05, SHEET 1 OF 5, ENGINEERING NORTHWEST, LLC, BOISE, IDAHO", PARAMOUNT DEVELOPMENT, INC., BOISE, IDAHO, Developer, is Conditionally Approved subject to those conditions of Staff comments as set forth in tIle Memorandum to the Mayor and City Council from Sonya Allen, Assistant City Plarmer for the Planning and Zoning Department and Bruce Freckleton, Development Services Manager for the Public Works Departlnent, dated: Hearing Date: MarcIl 15, 2005, listing 20 SITE SPECIFIC REQUIREMENTS/FINAL PLAT and 7 GENERAL REQ.UIREMENTS, a true and correct copy of which is attached hereto marked Exllibit "A", and consisting of 5 pages, and .by this reference incorporated l1erein, and tIle response letter frOlTI Paramount Development, Inc~, a true and correct co:py of which is attached hereto .marked Exhibit "B" and consisting of 1 pages, and by this reference incorporated herein, and the additional requirements from the action of the Council taken at their March 15,2005 meeting as follows, to-wit: 1 ~ I Adopt the Recoffilnendation of the Central District Health Department as follows: The Central District Health requires after written approval from the appropriate entities are sublnitted, they can approve this proposal for central sewage and central water; that plans must be submitted to and ORDER OF CONDITIONAL APPROVAL OF FmAL PLAT FOR PARAMOUNT SUBDMSION NO.5 / (FP-OS-017) page 2 Of 4 (..... .> (:-...'...... approved by the Idaho Department of Health and Welfare, Division of Environmental Quality for central sewage and central water; that run-offis not to create a lTIosquito breeding problem; alld it is suggested that the sto.rmwater be pretreated through a grassy swale .prior to discllarge to the subsurface to prevent impact to groundwater and surface water quality; that engineers and architects s.hould obtain current .best management :practices for stormwater disposal and design a stormwater managelnent system that is preventing groundwater and surface water degradation. Manuals for guidance: 1. State of Idaho Catalog of Stormwater Best Management Practices for Idaho Cities and Counties. Prepared by th.e Idaho Division of Environmental Quality, July 1997. 2. Stonnwater .Best Management Practices Guidebook. Prepared by City of Boise Pu.blic Works Department, May 2000. 2. The final plat upon which there is contained the Certificatio.n and signature of the City Clerk and tIle City Engineer verifying that the plat meets the City's requireme.nts 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 an.d/or the ~ppropriate 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 regulatoryta.king analysis. Such request must be in writing, and m.ust be filed with the City ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR PARAMOUNT SUBDIVISION NO.5 / (FP-OS-017) page 3 of4 ~.. . (...... . . Clerk .not more tllan twenty-eight (28) days after the fi.nal decisio.ll concerning the Inatter 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 tllat 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) d.ays after the date of this decision and order, see.k a judicial review as provided by Cllapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the 16th day of \^(\ UX{\~.h , 2005. Attest: By: \ 1 City Clerk's Office Dated: 4-' 1...()S ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR PARAMOUNT SUBDIVISION NO.5 / (FP-OS-017) page 4 Of 4 MAYOR TalnnlY de Wecrd (~....;.. . CI ~1"Y 0 F PUBLIC WORKS BUILDINC DEPARTMENT (208) 898-5500 · Fax (208)898-955] CITY COUNCIL MEMBERS Keitlt Bird Cllristille DonlleII Sllaull Wardle Cllarles M. Roulltree IDi\HO PLANNING AND ZONING DEPARTMENT (208) 884-5533 4 FAX 888~6854 STAFF REPORT: Hearing Date: March 15, 2005 To: Mayor, City Council and Planning & Zoning Commission Sonya Allen, Assistant City Planner ()Il Bruce Freckleton, Developlne.nt Services Manager From: Re: -Paramount Subdivision No.5 Final Plat approval of Forty-seven (47) Single-Family Residential Building Lots and Two (2) COlnmoll Lots on 17.53 Acres in an R-8 Zone, by Paramount Development, Inc. (File No. FP-05-017). We have reviewed tIle above referenced submittals and offer tIle following comments, as conditions of approval. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY & LOCATION The applicant, Paramount Development Inc., has applied for Final Plat approval of 47 single- family residential bu.ilding lots and 2 common lots on 17.53 acres of land for Paramount Subdivision No.5. The zoning designation for the proposed su.bdivision is R-8 (Medium Density Residential). This phase of the subdivision will have a gross density of 2.68 d.u./acre and a net density of 4.10 d.u./acre. Paramount Subdivision No.5 is located on the south side of Chinden Blvd., approxilnately 'l1 mile west ofN. Meridian, in the N. YS of Section 25, T.4N., R.IW. The commo:n area lots within the subdivision consist of landscape lots. T.he pressurized irrigation system wit11in this development is to be owned and Inaintained by the Paramount Ho.meowners Association. A Conditional Use Perm.it (Planned Development) was approved for this subdivision tllat allowed for a reduction in the minimUlTI lot size from 6,500 s.f to 5,500 s.f.; fro.ut setbacks reduced from 15' for living areas to 10'; street side setbacks reduced from 20' to 10'; and a reduction in street frontage from 65' to 50'. The submitted final plat substantially complies with tIle approved preliminary plat. The final plat Sl10WS six lots less than was approved o.n the preliminary plat; however, staff has no objection to this change due to the increase in lot sizes. FP-OS-017 EXhibit "An ParalTIOunt SUbS FP.doc (. r.~... ( . .. .: \.:. .... . . Mayor & City Council Hearing Date: March 15,2005 Page 2 Staffreconunends approval of the final plat for Paratno.unt Subdivision No.5 with the COlnments and conditions stated in this report. SITE SPECIFIC COMMENTS / FINAL PLAT 1. Applicant is to :meet all terms of the approved preliminary.plat (PP-03-004), conditional .use permit (CUP-03-008) and developlnent agreement (Inst. No. 103137116). 2. The applicant has indicated tllat the Paramount Homeowners Association will own and maintain the .pressure irrigation system within this development. The City of Meridian requires that pressurized irrigation systelTIS be supplied by a year-round source of water. If a creek or well source is not available, a single-point connection to the culi.nary water system shall be required. Plans and specificatio.ns for the irrigation system shall be reviewed. by the Public Works Department as part of the development plan review process, and a draft copy of the pressurized irrigation system O&M manual must be submitted prior to plan ~pproval. If a single-point connection is utilized, the developer shall be responsible for the .paytnent of asseSSill.ents for the irrigable common areas prior to signature on the final plat by the Meridian City Engineer. 3. Temporary constructio.n. fencing to contain de.bris sllalI be installed along the boundaries of this phase unless fencing already exists at the subdivision boundaries. 4. Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constru.cted, road base a.p.proved .by the Ada County Hig.hway District and tIle Final Plat for this subdivision s11all .be recorded, prior to applying for building permits. 5. All develo.pment improvements, including sewer, fencing, Inicro-paths, pressurized irrigation. and landsc~ping shall be installed and approved prior to obtaining certificates of occupancy. 6. A letter of credit or cash surety in the anlount of 110% will be required for all fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 7" Sanitary sewer service and municipal water to this site shall be via extensions from existing .mains. 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 d.esigner 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. 8. Applicant shall be .req.uired to pay Public Works development plan review, and construction inspection fees, as d.etermined during the plan review process, prior to signature on the final plat per Resolution 02-374. FP-OS-O I 7 EXhibit HA'" paramount SUbS FP.doc Mayor & City Council Hearing Date: MarcIl 15, 2005 Page 3 ( .: (.. 9~ Revise the landscape plan prepared by The Land Group, dated 1/10/05 as follows: a. Include landscaping for Lot 1, Block 24. b. Include fencing along the rear lot lines of all lots that abut the common lot on Lot Lot 12, Block 21. 1 o. Revise or ad.d the following .notes o.n the face of the plat dated. 2/1 0105, prepared by Engineering Northwest: (11.) ". . . unless specifically allo"l'~{cd by the .t^..da Count),. Higb."l'vay District and the Cit), of 11cridian." (13.) Add Development Agreelnent Instrument No. 103137116. (14~) Add a note that states the ownership & maintenance responsibilities of the pressurized irrigation system witllin this developmen.t (15.) Add a note referring to the public .pedestrian easement on a portion of Lot 12, Block 21 and note the recorded instrument number of the agreement. 11. Developer shall coordinate mailbox locations with the Meridian Post Office. 12. The street frontage for .Lots 17 & 18, Block 21 do .not meet the min. requirements. Eitller adjust the frontage to meet the rninimUlTI 3D-foot width, or if they are sharing a common drive, show a 3D-foot wide common drive easement centered on the common lot line. 13. A permanent .public pedestrian easement shall .be created for the pathway within Lot 12, Block 21 and. recorded prior to signature of the City Engineer on the final plat~ The easement shall.be sufficient width to cover the lO-foot wide pathway shown. TIle 10-foot wide hard surfaced pathway shall be constru.cted and fully improved prior to the issuance of the first Certificate of Occupancy for any building within this phase of the subdivision~ Applicant shall work with the City Parks Dept and conform to th.e Park's Dept stan.dards for construction of tIle pathway~ The Homeowner's Association is respo.nsible for maintenance of all landscaping adjacent to the pathway. 14. Please submit a copy of the Ada County Street Name Committee's "Final" letter for the street names and lot & block numbering. Make all corrections necessary to comply. 15. Graphically de.pict 5-foot wide easement along the west side of Lot 8, Block 23, Lot 9, Block 12, and the southwesterly side of Lot 9, Block 20, and Lot 3, Block 21 as these are or will be side lot line against other phases of this development 16. Graphically depict an 8-foot wide public utilities, drainage and irrigation easelnent along the west side of Lot 16, Block 21. The extra width is required due to the location of an irrigation main. 17. Please submit all updated ground.water/soils monitoring data to the Public Works Departlnent for review. Any drainage areas (detention/retention basins) must be designed FP-OS-O 17 EXhibit "A" paramount SUbS FP.doc (~.~... . Mayor & City Council Hearing Date: March 15,2005 Page 4 to ensure that water is retained only during 1 GO-year stonn 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 ilnproved with sod/grass seed (or other approved landscaping) shall not count towards tile 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. TIle 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 tIle crawl spaces ofholues is at least I-foot above. 18. Applicant shall be responsible for application and com.pliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 19. Applicant shall be responsible for application and cOlnpliance witll and .NPDES Pennitting that may be required by the Environmental Protection Agency. 20. Staffs failure to cite specific ordinance :provisions or terms of the approved preliminary plat or conditional use permit does not relieve the Ap:plicant of responsibility for compliance. GENERAL REQUIREMENTS 1. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided. shall .be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-ap.proval su.bmitted to the Public Works Department If lateral users association approval can't be obtail1ed, plans will .be reviewed and approved by tIle meridian City Engineer .prior to final plat signature 2. Any existing domestic wells and/or septic systems within this .project will have to be removed fro.m their domestic service per City Ordinance Section 9-1-4 and 9-4-8~ Wells may be used for non-domestic :purposes suell as landscape irrigation. 3. Two-hundred-fifty and One-hundred-watt, high-pressure sodium. streetligllts will be required at locations designated by the Pu.blic 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 sllall obtain design and .permit from the Public Works Department prior commencing installations. 4. COlnpaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit ato:p fill material. 5 Applicant's engineer will be required to submit a signed, stamped statement certifying that all street finish centerline elevations are set a minimum of three feet above the highest established normal groundwater elevation. FP-OS-O 17 EXhibit '~A" paramount SUbS FP .doc ( ~:'. (~?.::. Mayor & City Council Hearing Date: March 15, 2005 Page 5 6. Coordinate fire hydrant placement with the City of Meridian's Water Works Superintendent. 7. AllY tree over 4" in caliper that is removed frOlD the :property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were relnoved~ Required landscaping trees will not be considered as replacement trees for those trees that have to be removed. STAFF RECOMMENDATION Staff recommends approval of the final plat for Paramount Subdivision N.o. 5 with. the above stated COlnments and conditions~ FP-OS-O 17 EXhibit '''A~; Paramou nt Su b5 FP .doc 03/15/05 15: 02 FAX 208 3ii;,J~.962 t ... /~.. . (:..:. . ft1 003/00:3 ParamolUlt Development Inc. 12601 W. Explorer Drive Boise, ID 83 713 March 15, 2005 Mayor Tammy DeWeerd City Council Members City of Meridian 33 E. Idaho Ave.. Meridian, ill 83 642 Re: Paramotu1t Subdivision 5 Dear Mayor and Council: We are in receipt of staff report including conditions of approval for Paramount Subdivision 5.. We are in agreement of those conditions. Sincerely, David W. Turnbull President 1 ~ X 11 i hit ~J ll.. ! ** TX CONF IRMh ~.1 ON REPORT ** ( AS OF MAR 11 ' 0~=-.. 18: 08 PAGE. 01 CITY OF MERIDIAN DATE TIME TO/FROM MODE MIN/SEC PGS CMD~ STATUS EC--S 01 ' 20 ii 004 029 OK 27 03/11 17:58 PUBLIC WORKS 29 03/11 18:02 12084664405 EC--S 01'21" 004 029 OK 03/11 18 : 03 8841159 EC --5 131 ' 20 t, 004 029 OK 30 EC--S 01 ' 23 i' 004 029 OK 31 03/11 18:05 2088840744 32 03/11 18:07 POLICE DEPT EC--S 01'20n 004 029 OK _______ ------------------------------------------------------------------------------------- YVeU5e ?05~ fcx f'l^-bl \ t- ~Vh Cc -l'hoJ\llr CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, March 15, 2005 at 7:00 p.m~ City Council Chambers 1. RoJl.call Attendance: - Shaun Wardle Christine Donnell - Charlie Rountree Keith Bird _ Mayor Tammy de Weerd 2~ Pledge of Allegiance: 3. Community Invocation by: 4.. Adoption of the Agenda: 5. Consent Agenda: A~ Approve Minutes of February 22.. 2005 Regular City Council Meeting: B.. Findings of Fact and Conclusions of Law for Approval: CUP 04~053 Request for a Conditional Use Permit for a Planned Development for a clinic I office in a l-Q zone for OB/GYN Associates by ZGA Architects and Planners. Chartered - south of East Franklin Road and east of North Eagle Road: c. Findings of Fact and Conclusions of Law for Approval: 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: D.. Findings of Fact and Conclusions of Law for Approval: PP 04.. 045 Request for Preliminary Plat approval of 12 single-famify residential building lots and 3 other lots on 4.56 acres in a proposed R4 zone for Klamath Basin Subdlvifion by Randy Worden _ 4625 West Ustick Road: E. Findings of Fact and Conclusions of Law for Approval: VAR 05-004 Request for a Variance for block lengths from the required Meridian Cny Council Agonda - MarCh 1St 2005 page 1 Df 4 AU material9 presented at PUbliC meetings ShaH become property Of the City Of Meridian. AnYOne deSIring accommodatiOn (or diSabilities related to documents and/or hearingS Please contact the City Clerk's Office at B88-4433 at feast 46 hOUrs Prior to the PUbliC meetlng. ** TX CONF r ~t M I .. I ON REPORT ** (" AS OF MAR 15 '0~ d3:21 PAGE.01 CITY OF MERIDIAN DATE TIME TO/FROM 26 03/15 23:07 3810160 27 03/15 23:10 PUBLIC WORKS 28 03/15 23:12 8841159 29 03/15 23:13 2088840744 30 03/15 23=15 POLICE DEPT 31 03/15 23=17 8985501 32 03/15 23=19 LIBRARY MODE MIN/SEC PGS CMDt:t STATUS EC--S 02' 29 t, 004 058 OK EC--S 01 · 25" 004 058 OK EC--S 01 J 25" 004 058 OK EC--S 01 · 27.J 004 058 OK EC--S 131' 25" 0134 laSS OK EC--S 131 J 25" 004 058 OK EC--S 011 S4.t 1304 058 OK -------------------------------------------------------------------------------------------- Revised 3..15-05 CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, March 15. 2005 at 7:00 p.m. City Council Chambers 1. Roll...call Attendance: 1- Shaun Wardle --L. Christine Donnell )( Charlie Rountree )( Keith Bird - -L Mayor Tammy de Weerd 2. Pledge of Allegiance: ~Jd-~ 3.. Community Invocation by Bud Henthorn, Youth Pastor at Meridian Gospel Tabernacle: fJY'a.e-h~ 4.. Adoption of the Agenda: ~J1}'1Y"""~ #> 5. Consent Agenda: WfJ'rr? vw:..... A. Approve Minutes of February 22lJ 2005 Regular City Council Meeting: #tl'r~ B. Findings of Fact and Conclusions of Law for Approval: CUP 04-053 Request for a Conditional Use Permit for a Planned Development for a clinic I office in a l..O zone for OB/GYN Associates by ZGA Architects and PlannersJ Chartered - south of East Franklin Road and east of North Eagle Road: d;/I''''VL.; Cot Findings of Fact and Conclusions of law for Approval: 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: (ql'pN- D. Findings of Fact and Conclusions of Law for Approval: PP 04~ 045 Request for Preliminary Pial approval of 12 single-family residential building lots and 3 other lots on 4..56 acres in a proposed R4 zone for Klamath Basin Subdivision by Randy Worden - 4625 West Ustick Road: 4/j1"rD~ E. Findings of Fact and Conclusions of law for Approval: VAR 05-004 Request for a Variance for block lengths from the required Meridian City Council Agenda.... March 1SJ: 2005 Page 1 of 4 All materials presented at pubJic meetings shat' become property Of the City of Meridian. AnYOne desiring aCCOmmOdatiOn for diS8bUftles related to dOCuments andfor hearingS Please contact the City Cl8rkJS Office at BBs.4433 at least 48 hOUrs Prior to the pUb'ic meeting. ** TX coL RS OF (" MAR 15 ' 05~""""~_. 57 PAGE.. 01 .1AT I O'i REPORT ** CITY OF MERIDIAN 01 02 03 04 05 06 07 08 09 10 11 12 13 14 DAT~ TIME TO/FROM MODE MIN/SEC PGS 03/15 23:22 92083776449 EC--S 01'25U 004 03/15 23:23 3886924 EC--S 01'25u 004 03/15 23: 25 P-AND-Z EC--S 01) 25" 004 03/15 23=27 208 895 0390 EC--S 01'25n 004 03/15 23:29 208 387 6393 EC--S el'2St~ 004 03/15 23: 31 ADA CTY DEVELMT EC--S 01) 26Jt 004 03/15 23:33 8885052 EC--S 01 t 2Su 004 03/15 23:36 CHERRY LANE G3--S 00'01u 000 03/15 23: 37 CHERRY LANE G3--S 00 ~ 01 tl 000 03/15 23:37 CHERRY LANE G3--S ~0'34't 000 03/15 23:38 CHERRY LANE G3--S 00'35" 000 03/15 23:40 IDAHO ATHLETIC C EC--S 01'2Su 004 03/15 23=42 1D PRESS TRIBUNE EC--S 01'26" 004 03/15 23:57 MER SCHOOL DISTR ----5 00'00n 000 THIS DOCUMENT IS STILL IN MEMORY CMD~ STATUS 058 OK 058 OK 058 OK 058 OK 058 OK 058 OK 058 OK 058 INC 058 I NC 058 I NC 1358 J NC 058 OK 0S8 OK 058 BUSY -------------------------------------------------------------------------------------------- CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday. March 15, 2005 at 7:00 p.m. Revised 3-15-05 City Council Chambers 1. ROII-ca11 Attendance: 1- Shaun Wardle ---K- Christine Donnell )( Charlie Rountree X Keith Bird - -L Mayor Tammy de Weerd 2. Pledge of Allegiance: ;rrv:ed-~ 3. Community Invocation by Bud Henthorn, Youth Pastor at Meridian Gospel Tabernacle: fJY.Gi'.f'/h~ 4. Adoption of the Agenda: 11~" ""e ' 5.. Consent Agenda: &fjJrr' ~ A. Approve Minutes of February 22, 2005 Regular City Council Meeting: It I'r ....-.c..-- B. Findings of Fact and Conclusions of Law for Approval: CUP 04-053 Request for a Conditional Use permit for a Planned Development for a clinic I office in a l-O zone for OB/GYN Assoc~ates by ZGA Architects and Planners, Chartered - south of East Franklin Road and east of North Eagle Road: _/ "rlvc... c~ Findings of Fact and Conclusions of law for Approval: AZ 04- 035 Request for Annexation and Zoning of 5.01 aa-es from RUT to R4 zone for Klamath Basin Subdivision by Randy by Worden - 4625 West Ustick Road: ~tl;rn:'~ D. Findings of Fact and Conclusions of Law for Approval: PP 04. 045 Request for Preliminary Plat approval of 12 single-family residential building lots and 3 other !ots on 4.56 acres in a proposed R-4 zone for Klamath Basin Subdivision by Randy Worden - 4625 West Ustick Road: 4/jh*"rI~ E. Findings of Fact and Conclusions of Law for Approval: V AR 05..004 Request for a Variance for block lengths from the required Meridian City Council Agenda - March 15~ 2005 Page 1 of 4 All materialS presented at PUbliC meetingS shaJl become property Of tho City Of Meridian. Anyone desjring aCCOmmodation ror djSlbUitJes related to documents and/or hearingS Please contact the City CI9rkJS Office at 888-4433 at least 48 hOUrs Prior to the PUbiC meeting. ('. ** TX CONP-.,.... ~TION REPORT ** (/~.. AS OF MRR 11 J 05 i.,.:.. ..d PAGE~ 01 CITY OF MERIDIAN DATE TrME TO/FROM MODE MIN/SEe PGS CMD~ STATUS 03/11 18: 09 8985501 EC--S 131) 19'" 004 029 OK 03/11 18=11 LIBRARY EC--S 01t46U 004 029 OK 03/11 18: 13 92083776449 EC --5 01 ' 20}' 004 029 OK 03/11 18: 15 3886924 EC--S 131 t 20Jt 004 029 OK B3/11 18: 17 P-AND-Z EC--S 01- 20J'f 004 029 OK 03/11 18= 19 200 895 0390 EC--S 01) 19" 004 029 OK 03/11 18: 21 128300040 G3--S 01 ' 43" 004 029 OK 03/11 18: 23 208 387 6393 EC--S 01 j 20u 004 1929 OK 03/11 18:25 ADA CTY DEUELMT ~c--s Blt21U 004 029 OK 03/11 18= 27 8885052 EC--S 01' 20" 0'04 029 OK 03/11 18: 29 CHERRY LANE G3--S 02' 36tt 004 029 OK 03/11 18=32 IDAHO ATHLETIC C EC--S 01t20n 004 029 OK 133/11 18: 34 ID PRESS TRIBUNE EC--S 01' 20JJ 004 029 OK ~~ 03/11 18:36 2088885701 EC--S 01J20n 0134 029 OK 15 03/11 18:45 38113160 EC--S 02'19u 004 ~::____~~_________________ ~-~--~~--~~~--~~-~~~~~~~~-~-~-~~~~~--~-~---~~~~~~~~~~~~~~--~-~-~-~ 01 02 03 04 05 06 07 08 09 10 11 12 Y\fU5e ?ost ~ t'v..bl' ~ lJdhc~ -lhoJ\V:r CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, March 15, 2005 at 7:00 p.m* City Council Chambers 1 ~ RolI..call Attendance: - Shaun Wardle Christine Donnell Charlie Rountree Keith Bird - _ Mayor Tammy de Weard 2~ Pledge of Allegiance: 3. Community Invocation by: 4.. Adoption of the Agenda: 5. Consent Agenda: A. Approve Minutes of February 22, 2005 Regular City Council Meeting: B. Findings of Fact and Conclusions of Law for Approval: CUP 04..053 Request for a Conditional Use Pennit for a Planned Development for a clinic I office in a L-o zone for OB/GYN Associates by ZGA Architects and P~annerSt Chartered - south of East Franklin Road and east of North Eagle Road: c~ Findings of Fact and Conclusions of Law for Approval: AZ ~ 035 Request for Annexation and Zoning of 5.01 acres from RUT to R-4 zone for J{lamath Basin Subdivision by Randy by Worden - 4625 West Usfick Road: o. Findings of Fact and Conclusions of law for Approval: PP 04.. 045 Request for Preliminary Plat approval of 12 sing'e-family residential building Jots and 3 other lots On 4.56 acres in a proposed R-4 zone for Klamath Basin Subdivision by Randy Worden _ 4625 West Ustick Road: E. Findings of Fact and Conclusions of Law for Approval: VAR 05.004 Request for a Variance for block lengths from the required Meridian City CouncU Agenda - MarCh 15~ 2005 page 1 Of 4 AU materia19 presented at PUbliC meetings Shall become property or thO City Of Meridisn. AnYOne desIring accommodatiOn for disabJrrtias related to documents and/or hsanngs Please contact the Cify ClerJ<8 Office at 8884433 at feast 48 hOUrs Prior to the PUbliC meeting. i ~ ** TX CONFIRMATION REPORT ** /: ( . ~~ AS OF MRR 14 '05 14:17 PAGE~01 CITY OF MERIDIRN DATE TIME TO/FROM 05 03/14 14:15 12083363558 MODE MIN/SEC PGS CMD~ STATUS EC--S 01 ' 15;' 004 039 OK -------------------------------------------------------------------------------------------- CITY OF MERIDIAN CITY COUNCJL REGULAR MEETING AGENDA Tuesday, March 15, 2005 at 7:00 p..ml.. City Council Chambers 1.. Rollwcall Attendance: Shaun Wardle Christine Donnell Charlie Rountree Kejth Bird _ Mayor Tammy de Weerd 2. Pledge of Allegiance: 34 Community Invocation by: 4. Adoption of the Agenda: 5. Consent Agenda: A. Approve Minutes of February 22, 2005 Regular City Council Meeting: B~ Findings of Fact and Conclusions of Law for Approval: CUP 04.053 Request for a Conditional Use Permit for a Planned DeveJopment for a clinic I office in a L-O zone for OB/GYN Associates by ZGA Architects and Planners, Chartered - south of East Franklin Road and east of North Eagle Road: c. Findings of Fact and Conclusions of law for Approval: AZ 04- 035 Request for Annexation and Zoning of 5.01 acres from RUT to Rw4 zone for Klamath Basin Subdivision by Randy by Worden - 4625 West Ustick Road: D.. Findings of Fact and Conclusions of Law for Approval: PP 04- 045 Request for Preliminary Plat approval of 12 single-family residential building lots and 3 other Jots on 4.56 acres in a proposed R-4 zone for Klamath Basin Subdivision by Randy Worden _ 4625 West Ustick Road: E. Findings of Fact and Conclusions of Law for Approval: VAR 05~004 Request for a Variance for block lengths from the required Meridian City CouncH Agenda - March 15,2005 Page 1 of 4 All mate riars presented at PUbliC meetings sha IJ become property Of the City Of Meridian. Anyo ne deSiring acCOmmOdatiOn for drsabtlities reJ ated to documents and/or hear~ngs pJease co ntact the City Clerkts Office at 888-4433 at least 48 hours prior to the PUbliC meeting. ~> P\f(ljC.:.. .?os~ ~ P\^-\:)l \ t- tJdhc.~ -r~ uJ\\L.f CITY OF MERIDIAN CITY COUNCil REGULAR MEETING AGENDA Tuesday, March 15, 2005 at 7:00 p.m. City Council Chambers 1. Rofl-call Attendance: Shaun Wardle Christine Donnell Charlie Rountree Keith Bird Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by: 4. Adoption of the Agenda: 5. Consent Agenda: A. Approve Minutes of February 22, 2005 Regular City Council Meeting: B. Findings of Fact and Conclusions of Law for Approval: CUP 04M053 Request for a Conditional Use Permit for a Planned Development for a clinic I office in a L-Q zone for OB/GYN Associates by ZGA Architects and Planners, Chartered - south of East Franklin Road and east of North Eagle Road: C. Findings of Fact and Conclusions of Law for Approval: 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: D. Findings of Fact and Conclusions of Law for Approval: PP 04- 045 Request for Preliminary Plat approval Of 12 single-family residential building Jots and 3 other lots on 4.56 acres in a proposed R-4 zone for Klamath Basin Subdivision by Randy Worden _ 4625 West Ustick Road: E. Findings of Fact and Conclusions of law for Approval: VAR 05-004 Request for a Variance for block lengths from the required Meridian City Council Agenda - March 15, 2005 Page 1 of 4 All materials presented at public meetings shall become property of the City Of Meridian. AnYOne deSiring a ceo mrno dati on for disabifities 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, (:...... ( 450 feet to 535 feet for Klamath Basin Subdivision by Randy Worden - 4625 West Ustick Road: F. Findings of Fact and Conclusions of law for Approval: 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: G. Findings of Fact and Conclusions of Law for Approval: PP 04~ 043 Request for Preliminary Plat approval for 98 building lots and 27 common lots on 19.63 acres in a proposed R-8 zone for Hacienda Subdivision by Jayo Construction - 6000 North Meridian Road: H. Findings of Fact and Conclusions of Law for Approval: CUP 04-052 Request for a Conditional Use Permit for a Planned Development for a residential subdivision in a proposed R-8 zone for Hacienda Subdivision by Jayo Construction - 6000 North Meridian Road: I. Water SelVice Easement for McKaaue Familv Revocable livina Trust: J. Sanitary Sewer and Water Main Easement for McKaaue Famil)l Revocable Livina Trust: KG Approve liquor license for Backwater Saloon: l. Request for Approval of proposal for Master Plan. landscape and Architectural Services for the 7 -acre neiahborhood Dark in Autumn Faire Subdivision by Jensen-Belts Associates and the DeSign Team: M. Resolution NOa Warranty Deed from Autumn Fajre~ LtC to the City of Meridian: N. Resolution No. Establishing ApPointments for Board Members and Alternates to the Vall~ Ride Reaional TransDortation Authori~: o. Aareement with HDR for GIS On Call Services: P. Chanae Order No.2 for an Addition Pressure Reducina Valve with Star Construction: Meridian City Council Agenda - March 15, 2005 Page 2 of 4 AU 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, (N \ (. <.... .: Q. Award Bid for Victory Road I Meridian Road Water Main to Paul Construction: R. Streetliaht Aareement for Vienna Woods Subdivision: s. Streetliaht Quitclaim Deed for Vienna Woods Subdivision: T. Sanitary Sewer and Water Main Easement for Parcel "Au in proDosed Bonito Subdivision No.2 by Kimball Properties: u. Sanitary Sewer and Water Main Easement for Parcel "8" in proDosed Bonito Subdivision No.2 by Kimball Properties: 6. Department Reports A. Police Department - Chief Bill Musser 1. Presentation of MOU with Ada County Sheriff Department for Participation in SWAT Team: 7. (Items Moved from Consent Agenda) 8. Request for Reduction in Fees for Pinebridge Subdivision by Dave McKinnon: 9. FP 05-015 Request for Final Plat approval for 2 office building lots on 2.44 acres in a R-8 zone for Quenzer Commons Subdivision No.8 by Brighton Development, Inc~ - west of Locust Grove Road and north of Ustick Road: 1.0. FP 05-016 Request for Final Plat approval of 50 single-family residential building lots and 9 common lots on 23.71 acres in a R..4 zone for Bridaetower Crossina Subdivision No. 11 by Primeland Development, LLP - west of North Linder Road and south of West McMillan Road: 11. FP 05-017 Request for Final Plat approval for 47 single-family residential building lots and 2 common lots on 17.53 acres in a R-8 zone for Paramount Subdivision No.5 by Paramount Development, Inc. - south of Chinden Boulevard and west of North Meridian Road: lIAlthough 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." 12. Continued Public Hearing from March 1, 2005: PFP 04.,008 Request for Preliminary/Fin~d Plat approval for 4 building lots on 8.02 acres in an 1_ Meridian City Council Agenda - March 15, 2005 Page 3 of 4 All materials presented at public meetings shall become property of the City of Meridian. AnYOne deSiring accommodation for disabilities related to documents and/or hearingS Please contact the City Clerk'S Office at 888-4433 at least 48 hours Prior to the PUbliC meeting, t" " { (y"" L zone for Nola Subdivision by Bergey Land Surveying - SWC of East Pine Avenue and North Nola Road: 13. Public Hearing: AZ 04-033 Request for an Annexation and Zoning of 15.92 acres from C-2 and RUT zones to C-G zone for Star-It by Avast LP - 355 North Ten Mile Road: 14. Public Hearing: CUP 04-055 Request for a Conditional Use Permit I Planned Development for office, retail and daycare uses in an I-L zone as required by CUP 04-009 and a request for a building height modification from the previously approved 40-feet to 52-feet for DBSI Realty COrD. by DBSI Realty Corp. - north of West Overland Road and east of South Linder Road: 15. Public Hearing: PP 05-001 Request for an amendment of the Preliminary Plat for phases 7 & 1 0 of Saauaro Canyon Subdivision consisting of 21 single family residential building lots on 6+/- acres in a R- 4 zone by Farwest - 6210. North Meridian Road: 16. Public Hearing: RZ 04-016 Request for a Rezone of .27 acre from R-4 to 0- T zone for Serendipity Place Subdivision by Susan Howard - 1305 West 1 st Street: 17. Public Hearing: PFP 04-009 Request for Preliminary Final Plat approval of 4 single family attached residential building lots on .27 acre in a proposed 0- T zone for Serendipity Place Subdivision by Susan Howard - 1305 West 1st Street: 18. Public Hearing: CUP 04-054 Request for a Conditional Use Permit for a Planned Development for retail uses in a C-N zone for The ShODS at Cherry Lane by High Point Equitiesr lLC - SWC of West Cherry Lane and North Ten Mile Road: 19. Water, Sewer and Trash Delinquencies: Meridian City Council Agenda - March 15. 2005 Page 4 of 4 All materials presented at public meetings shall become property of the City of Meridian~ AnYOne deSiring accommodation for disabilities related to documents and/or hearingS Please contact the City Clerk'S Office at 888-4433 at least 48 hours prior to the PUbliC meeting, ~....... ** TX CQNF1Ri~J=lTION REPORT ** 08 09 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 DAT~ TIME TO/FROM 03/07 12=30 PUBLIC WORKS 03/07 12:31 8841159 03/07 12:32 2eeeS40744 03/07 12:33 POLICE DEPT 03/07 12: 34 8985501 03/07 12:34 LIBRARY 03/07 12:35 92083776449 03/07 12:37 P-AND-Z 03/07 12:38 208 895 0390 03/07 12:39 128300040 03/07 12:40 8885052 03/07 12:41 CHERRY LANE 03/07 12:42 IDAHO ATHlETiC C 03/07 12=43 ID PRESS TRiBUNE 03/07 12:45 2088886701 03/07 12:50 3886924 03/07 12:58 3810160 i'1ODE: EC--S EC--S EC~-5 EC--S EC--S EC--S EC--S EC....-S EC--S G3--S EC--S G3--S EC--S EC--S EC--S EC--S EC--S j. AS OF MAR 07 tl2l5 lL CITY OF MERIDIRN PAGE~01 MIN/SEC PGS 00. 28j, 001 00129t. 001 00' 29tJ 001 00'28u 001 00 ' 28~' 001 00'34J' 001 001 28t~ 001 00 t 28u~ 001 00-28t:1 001 00" 31 J:f 001 aaJ29U 001 0et 44" 001 00~ 28u~ 001 00-27u 001 00" 291' 001 00J28:u 1901 ee' 40tJ: 001 CMD~ 243 243 243 243 243 243 243 243 243 243 243 243 243 243 243 243 243 STATUS OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK -------------------------------------------------------------------------------------------- flear.e jJtJJf I1r /fLMe ;/O~~-1l~/r-J . ~ ;: I ~-..... ~ ~. / ~ . P r" ll' (II' ~~~.~ .~i/:.~ l~ ~ Oi/l el~ldl::rn~:.~r~~~ 1\/1 A ,:r)n I~!n'm}. de \'Vecrd C I TV CO lrt\. C J L !\: 1.t.1\ i lU:.l{; Wi lJiDm l. ~I. NtlI'. [<t:'i th Bird · Ch~rJes M. J((l1111tr~F Sl~~tn Wtlrd ~~ Cfr\~ D I::P.\ r.rrMFNT$ Fire 54f} I~. J!ra nkJil1 Roa ,1 ~q.RS-.t 23.J I fax 895 ~U:5~tJ ~)H rk~ & Rt.~cr~a ,ion ] 1 J ~~ B~)\\-(!r Str~~t $$~~35791 fa ~ R98-:550 J Plannil'~ &:: ZOJ 1111g 660 E I W ate IIL-.)\vc f L1;lnc 5u 1 t~ 207~ 8S4 ~553J I fCJ~ S$8-6S~ Il ro lice 14(ll EI Wa lerlo\vet L~ ll~ HRfi.667S I fax S~16-7366 Public l;Vo rJ.;s 660 E~ W 0 terlOl\r-cr l..~l'~ 5f.l1 t~ 200 gYH..550D I tAX ;;~)S-Q551 - Dlli ldil1g 660 E~ \V.o t~rlowcr Lnnc $111 tE;" 150 HH7-2211/ ftlx 8$7..1297 - Se\"~r (-"VW l.r'} 34t)] N.. ~rt:t.. MlJIt Ruad $88-21911 f~I" A84-074-l - \~lZt Ler 22~5 N,. w. ~th Stfc-el ~t)Sw52.421 fit): RS4-1 ! 59 ID-r \ti() ~ k ~i~l ~~'::..~..o;.;.~.-;~~ CITY OF MERIDIAN SOILO WASTE AD-HOC ADVISORY COMMITTEE NOT1CE ~S HEREBY GIVEN that the City of Meridian Solid Waste Ad-Hoc Advisory Committee will hoJd a meeting at Meridian City HaU, Mayor's Conference Room~ 33 East Idaho Avenue, Meridian, Idaho on Thursday, March 1 O. 2004 at 7:00 A.M. The committee wiU be discussing the following items: - Recycling Funds: . Mad i a Release · Applications . Approve Request for Western Ada Recreation District ..... Solid Waste Ordinance - Recycling Incentive - Other Busi ness That May Arise - Schedu Ie Next Meeting The public is welcome to attend the meeting. ~~'f&Jl~r~~.. ;~~r~~~~~~~' Cf ~~ ~~. ~ Ii I "'IQ - .~ ~~~4 ~L C)6J, ; ~ .. , <' 0 ~ William G. Bergf Jr~ ~~ ie~k1 /..;..i..... ~?~ ~. ~ ^ ~,..- \O\:- .+, ~ ~2~;~~'t~~1.'; . ...~.~ l'~ ".~"',:' :i It.. I ... I ~. DATED this 7th day of March 2005. Solid Waste Ad..Hoc Advisory Committee Meeting..... March 10. 2005 All materialS presented at PUblio meetings shan become property of the Ctty of Meridian. AnYOne deSiring 2locommodation for diSabilitieS related documen.ts and I or he~nn.9~ . Please contact the City Clerf(s Office at 888-4433 at Isast 48 hOUrs prlor to the PUbliC meetIng.. en Y Hf\LL .1:1 Fo-\ST JD/I.HO AVENur. ~[ER(DJ^N j IDAHO 83642 (20R) 880-4433 t II) r Ll m.,: -l:.~ \ A~~.':'11 ~ H ~ \1\;-" HI.~UU~CES -F\:\ :{!i~.1{ 72:-;' rI fl.' , \t-.C,.,L' ~, L'""fILrf' RIU.I~(;, -l{\ X ~~ t 'I.S 13 'I.\.\'on' s OI~I;lC~_ l="H' ~RJ.._l.l.l III