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Home My WebLink About2005-03-08 ( (. CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, March 8, 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: Girl Scout Service Unit 55 3. Community Invocation by Kevin Moyer, Meridian First Baptist Church: Presented 4. Adoption of the Agenda: Approve as Amended 5. Consent Agenda: Approve A. Approve Minutes of February 8, 2005 City Council Regular Meeting: Approve B. Approve Minutes of February 15, 2005 City Council Regular Meeting: Approve c. Findings of Fact and Conclusions of Law for Approval: PP 04- 044 Request for Preliminary Plat approval of 6 office lots on 4.65 acres in an R-8 zone for Verona Subdivision No.3 by Primeland Development, LLP - NEe of North Ten Mile Road and West Milano Drive: Approve D. Storey Park Phase II Construction Chanae Order No. 4 for Removal and Replacement of Soft Areas: Approve E. Agreement for Ustick Widenina Pro~ect - Design of Water and Sewer bv Quadrant: Approve F. Streetliaht Agreement for Sutherland Farm No.3 bv Great Sky Inc.: Approve Meridian City CounciJ Agenda - March 8,2005 Page 1 of 3 All materials presented at public meetings shall become property of the City of Meridian. AnYOne deSiring accommodation for disabiHties related to documents and/or hearing Please contact the City Clerk'S Office at 888-4433 at least 48 hours prior to the PUbliC meeting. (. \.. G. Resolution No. 05-464 Establishing Adventure Island Playground Rules Under the Park Regulations Code for the Parks and Recreation Department for the City of Meridian: Approve H. Resolution No. 05-465 Adopting the Meridian Parks and Recreation Properties Naming Policy for the Parks and Recreation Department of the City of Meridian: Approve 6.. Department Reports A. Mayors Office 1. Proclamation for Girl Scouts: Presented 2. Letter to Support GARVEE Bond Legislation: Approve B. Planning and Zoning 1. Response to Ada County Board of County Commissioners regarding Area of City Impact: Approve letter 2. Comment Letter to Boise City 7. (Items Moved" from Consent Agenda) 8. FP 05-014 Request for Final Plat approval of 18 commercial building lots on 33.1 acres for Destination Place Subdivision (fka Boise Valley Commons) by Boise Valley Commons, LLC - east of South Locust Grove Road and north of East Overland Road: Approve 9. FP 05-011 Request for Final Plat approval of 57 single-family residential building lots and 9 common Jots on 27~73 acres in a R-4 zone for Sutherland Farm Subdivision No.5 by Great Sky, Inc. - east of South Eagle Road and north of East Victory Road: Approve 10. FP 05-012 Request for Final Plat approval for 52 single-family residential building lots and 6 common Jots on 13.55 acres in a R-8 zone for Fulfer Subdivision No.4 by Kevin Howell - north of McMillan Road and west of Linder Road: Approve 11. FP 05-013 Request for Final Plat approval of 77 single-family residential building Jots on 19.4 acres in a R-8 zone for Chatsworth Subdivision by Dyver Development, LLC - South Locust Grove Road and south of Victory Road: Approve Meridian City Council Agenda - March 8,2005 Page 2 of 3 AU materials presented at public meetings shalJ become property of the City of Meridjan~ Anyone desiring accommodatjon for disabilities related to documents and/or hearing Please contact the City Clerk'S Office at 888-4433 at feast 48 hours prior to the PUbliC meeting. ...... ( \.. 12. VAC 05--003 Request for a Vacation of the golf course easement located on Lots 44, 45, 46, & 47, Block 1 of Spurwing Subdivision by Spurwing Limited Partnership - North of Chinden Boulevard and west of North Linder Road: Approve "Although the City of Meridian no longer requires sworn testimony, all presentations before the Mayor and City Council are expected to be truthful and honest to best of the ability of the presenter. J1 13. Public Hearing: RZ 05-001 Request for a Rezone of .249 acres from R-8 to O-T zone for Robert Monson by Robert Monson - 829 North Meridian Road: Approve Findings of Fact and Conclusions of Law for Approval 14. Public Hearing: CUP 05-001 Request for a Conditional Use Permit for an office / retail use in an O-T zone for Robert Monson by Robert Monson - 829 North Meridian Road: Approve Findings of Fact and Conclusions of Law for Approval 15. Public Hearing: AZ 04-011 REVISED Request for Annexation and Zoning of 9.8 acres to R-8 zone for Alexandria Subdivision by Lonnie Johnson - 4205 North Locust Grove Road: Approve Findings of Fact and Conclusions of Law for Approval 16. Public Hearing: PP 04-017 REVISED Request for Preliminary Plat approval for 33 single-family residential and 4 common lots on 9.8 acres in a proposed R-8 zone for Alexandria Subdivision by Lonnie Johnson - 4205 North Locust Grove Road: Approve Findings of Fact and Conclusions of Law for Approval 17. Public Hearing: CUP 04-015 REVISED Request for a Conditional Use Permit for a Planned Development consisting of 33 residential building lots for reductions to the minimum requirements for lot area, rear building setbacks, street side setbacks and minimum street frontage for Alexandria Subdivision by Lonnie Johnson - 4205 North Locust Grove Road: Approve Findings of Fact and Conclusions of Law for Approval 18~ Executive Session per Idaho State Code 67 -2345(1 )(f)&(c): No Decisions Meridian City Council Agenda - March 8t 2005 Page 3 of 3 All materials presented at pubJic meetings shall become property of the City of Meridian. AnYOne deSiring accommodation for disabHities related to documents and/or hearing prease contact the City Clerk'S Office at 888-4433 at least 48 hours prior to the pubJic meeting. ('.... ..... .. CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, March 8, 2005, at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: )( 'X . Shaun Wardle )< Christine Donnell Charlie Rountree )C Keith Bird )c Mayor Tammy de Weerd 2. Pledge of Allegiance: 61rl SC~Ivt- ServiGc- C(rll i-- 'Os- 3. Community Invocation by Kevin Moyer, Meridian First Baptist Church: r~~uL 4. Adoption of the Agenda: ~~ As If/ 5~ Consent Agenda: ~ A. Approve Minutes of February 8, 2005 City Council Regular Meeting: ~/flf)pV'V B. Approve Minutes of February 15, 2005 City Council Regular Meeting: t:Vf1Jrot,A.(/ C. Findings of Fact and Conclusions of Law for Approval: PP 04- 044 Request for Preliminary Plat approval of 6 office lots on 4~65 acres in an R-8 zone for Verona Subdivision No.3 by Primeland Development, LLP - NEe of North Ten Mile Road and West Milano Drive: Cl/I f'OtJ\A:../ D" Storey Park Phase II Construction Chanae Order No. 4 for Removal and Replacement of Soft Areas: tlfl ro~ E. Aareement for Ustick Widenina Proiect - Desian of Water and Sewer bv Quadrant: a~;rrovU!- F. Streetliaht Aareement for Sutherland Farm No" 3 bv Great Sky Inc.: wf?'1n9~ Meridian City Council Agenda - March 8J 2005 Page 1 of 3 All materials presented at public meetings shall become property of the City of Meridian. AnYOne deSiring accommodation for disabilities related to documents and/or hearing Please contact the City Clerkts Office at 888-4433 at least 48 hours prior to the PUbliC meeting. (: .. .. Resolution No.(J i- 4{, f: Establishing Adventure Island Playground Rules Under the Park Regulations Code for the Parks and Recreation Department for the City of Meridian: H. Resolution No.fJ~46 ~ : Adopting the Meridian Parks and Recreation Properties Naming Policy for the Parks and Recreation Department of the City of Meridian: ~~v-f-/ G. ~ 6. Department Reports A. Mayors Office 1. Proclamation for Girl Scouts: fJlVJe.~ ~ 2. t(tf~ IYJ S'~f>I'PI-t- e;ltrr~, B~Ad L.e7'-:d~~- P"rjJf-oV'<--' Planning and Zoning B. 7. Response to Ada County Board of County J ~ Commissioners regarding Area of City Impact: Vt~Vt<- /'-e 2. {t7hvt-rte-,.vf- U ~ IVJ lJ"I--:J~ u~ (Items Moved from Consent Agenda) 1. 8. FP 05-014 Request for Final Plat approval of 18 commercial building lots on 33~ 1 acres for Destination Place Subdivision (fka Boise Valley Commons) by Boise Valley Commons, LLC - east of South Locust Grove Road and nort.h of East Overland Road: ~rpoV...L FP 05..011 Request for Final Plat approval of 57 single-family residential building lots and 9 common lots on 27.73 acres in a R-4 zone for Sutherland Farm Subdivision No.. 5 by Great Sky, Inc. - east of South Eagle Road and north of East Victory Road: ~JPf7J't?~ FP 05~012 Request for Final Plat approval for 52 single-family residential building lots and 6 common lots on 13.55 acres in a R-8 zone for Fulfer Subdivision No.4 by Kevin Howell - north of McMillan Road and west of Linder Road: al'~'#'l9V\L. FP 05-013 Request for Final Plat approval of 77 single-family residential building lots on 19.4 acres in a R-8 zone for Chatsworth Subdivision by Dyver Development, LLC - South Locust Grove Road and south of Victory Road: a ~{t-t1S' l/'<- VAC 05-003 Request for a Vacation of the golf course easement located on Lots 44, 45, 46, & 47, Block 1 of Spurwing Subdivision by Spurwing Limited Partnership - North of Chinden Boulevard and west of North Linder Road: W;/fl ro~ 9. 10. 11. 12. Meridian City Council Agenda - March 8, 2005 Page 2 of 3 All materials presented at public meetings shall become property of the City of Meridian. AnYOne deSiring accommodation for disabilities related to documents and/or hearing Please contact the City Clerkfs Office at 888-4433 at least 48 hours prior to the PUbliC meeting. '~/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~ 11 13. Public Hearing: RZ 05~001 Request for a Rezone of ~249 acres from R-8 to 0- T zone for Robert Monson by Robert Monson - 829 North Meridian Road: ;v1P7'1?1AC- ~/-II o/~ ~ ~~ 14. Public Hearing: CUP 05-001 Request for a Conditional Use Permit for an office / retail use in an O-T zone for Robert Monson by Robert Monson - 829 North Meridian Road: .L t? fh1l/Jw-..t -F/~ ~ c(~ ~ ~~y~ 15. Public Hearing: AZ 04-011 REVISED Request for Annexation and Zoning of 9.8 acres to R-8 zone for Alexandria Subdivision by Lonnie Johnson - 4205 North Locust Grove Road: a,IJ/n'V\.l. ~/~ ( c;/.-< -fVr wt~t'7~ 16. Public Hearing: PP 04-017 REVISED Request for Preliminary Plat approval for 33 single-family residential and 4 common lots on 9~8 acres in a proposed R-8 zone for Alexandria Subdivision by Lonnie Johnson - 4205 North Locust Grove Road: arf'rrP~ //rf, e/~ :Iirv-~~~ 17. Public Hearing: CUP 04-015 REVISED Request for a Conditional Use Permit for a Planned Development consisting of 33 residential building lots for reductions to the minimum requirements for lot area, rear building setbacks, street side setbacks and minimum street frontage for Alexandria Subdivision by Lonnie Johnson - 4205 North Locust Grove Road: wffr'~ ..rl.c.( c/~ Fuv--~~ 18. Executive Session per Idaho State Code 67~2345(1 )(f):f ( c) f,,() deC,'t/~ Meridian City Council Agenda - March 8t 2005 Page 3 of 3 An materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing pJease contact the City CrerkJs Office at 888-4433 at least 48 hours prior to the PUbliC meeting. ( April 1, 2005 MERIDIAN CITY COUNCIL MEETING April 5, 2005 APPLICANT ITEM NO. 5-8 REQUEST Approve minutes of March 8,2005 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: SEITLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: ~ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meeHngs shall become property of the City of Meridian. (~..: ...:.: .......: . . c.... ..... Meridian City Council Meetina March 8~ 2005. The regular meeting of the Meridian City Council was called to order at 7:03 P.M., Tuesday, March 1,2005, 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, Brad Hawkins-Clark, John Overton, Kenny Bowers, Doug Strong and Dean Willis. Item 1: Roll-call Attendance: Roll calL X Shaun Wardle Charlie Rountree X X Christine Donnell X Keith Bird Mayor Tammy de Weerd De Weerd: I will go ahead and call the regular meeting for the City Council to order. It is Tuesday, March 8th. It is three minutes after 7:00. Mr. Clerk, will you, please, start us with roll call attendance. Item 2: Pledge of Allegiance: Girl Scout Service Unit 55 De Weerd: Thank you. _. I would like to welcome our Girl Scout Troop. They are from Service Unit 55. We welcome you here this evening and they will be posting the flag, so if you will, please, all rise. (Pledge of allegiance recited.) Item 3: Community Invocation by Kevin Moyer, Meridian First Baptist Church: De Weerd: Thank you. We would like to welcome the girls from Service Unit 55. This is Girl Scout Week and I will be reading a proclamation in a few minutes to honor this week for our Girl Scouts. So, Item No.3 is our community invocation. We will be lead by Pastor Moyer. He is with Meridian First Baptist Church. Thank you for joining us and I would ask you all to join us or take this moment -- or take this as an opportunity for a moment of silence. Moyer: Lefs pray. Father in Heaven, we offer up our thanks to you tonight Just being here again reminds us of how blessed we are as a nation to have such freedoms to see our boys and girls growing up in programs to teach them these wonderful principals and that we have the joy, without any fears to raise them and to see these kinds of opportunities. Thank you for our great land and I thank you for our government. We are thankful for just being able to live right here in Meridian and I thank you for our (": Meridian City Council March 8 J 2005 Page 2 of 34 leadership from our Mayor, our Council Members, our fire department, our policemen, we are just grateful and we ask tonight, as many citizens will gather to share concerns and to try to deliberate issues, that you would grant wisdom and direction tonight and that there would be discernment here and grace and kjndness~ Again, Father, we give you thanks and praise for this opportunity we have in this wonderful land that you have given to us, in Christ's name we pray, amen. Item 4: Adoption of the Agenda: De Weerd: Thank you so much. Okay. Item No.4 is the adoption of the agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: On the Consent Agenda our resolution numbers are 05-464 and 05-465 and on our Executive Session the city attorney has added -- would like to add item C also to F. And with that I move that we approve the revised agenda. Rountree: Second. De Weerd: Okay. The motion is to approve the adoption of the agenda with the addition to Item 18 of C~ All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: AL.L AYES. Item 5: Consent Agenda: A. Approve Minutes of February 8, 2005 City Council Regular Meeting: B. Approve Minutes of February 15, 2005 City Council Regular Meeting: C_ Findings of Fact and Conclusions of Law for Approval: PP 04- 044 Request for Preliminary Plat approval of 6 office lots on 4~65 acres in an R-8 zone for Verona Subdivision No.. 3 by Primeland Development. LLP - NEe of North Ten Mile Road and West Milano Drive: D. Storey Park Phase II Construction Chanae Order No. 4 for Removal and Replacement of Soft Areas: E. Aareement for Ustick Widenina Proiect - Desio" of Water and Sewer bv Quadrant: Meridian City Council March 8t 2005 Page 3 of 34 F. Streetli~ht Aareement for Sutherland Farm No.3 bv Great Sk~ Inc.: G. Resolution No. 05-464 Establishing Adventure Island Playground Rules Under the Park Regulations Code for the Parks and Recreation Department for the City of Meridian: H. Resolution No. 05-465 Adopting the Meridian Parks and Recreation Properties Naming Policy for the Parks and Recreation Department of the City of Meridian: De Weerd: Item No~ 5 is our Consent Agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move that we approve the Consent Agenda, including resolutions 05-464 and 05-465 and for the Mayor to sign and the Clerk to attest on all proper papers. Rountree: Second. De Weerd: Okay. The motion is to approve the Consent Agent~ If there is no further discussion, ML Berg, will you call roll. Roll-Call: Bird, yea; Rountreef yea; Wardle, yea; Donnell, yea4 MOTION CARRIED: ALL AYES. Item 6: Department Reports A. Mayors Office 1. Proclamation for Girl Scouts: De Weerd: Thank you. If I could ask the Girl Scouts to, please, come forward as I read this proclamation~ We are very honored to have you joining us tonight and I would like to read this proclamation. Whereas Saturday, March 12th, 2005, marks the 93rd anniversary of the Girl Scouts of America founded by Juliette Gordon Low in 1 912 in Savanah, Georgia, and whereas they have a long a distinguished history, Girl Scouting has inspired millions of girls and women with the highest ideas of character, conduct, and patriotism and whereas through Girl Scouting girls grow strong, gain self confidence and leadership skills and learn the life long lesson of contributing to their communities and whereas Girl Scouting takes an active role in increasing girls' awareness of opportunities available to them today in math, science, sports, technology, and other fields, can expand their horizons and, whereas, more than 3.8 million current Girl Scout (.. Meridian City Council March 8 f 2005 Page 4 of 34 members nationwide will be celebrating 93 years of this American tradition with nearly 50 million women who are former Girl Sounds and living proof of the impact of this amazing movement. Therefore, I, Tammy de Weerd, Mayor of the City of Meridian, do hereby applaud the commitment Girl Scouting has made to Americals girls and proudly proclaim the week of March 6 through 12th, 2005, as Girl Scout Week, in recognition of its value to the community of Meridian and I would like to present this to Martha Schneider and congratulate you girls for your accomplishments through scouting and continue to stay with it, you make a difference in our communities. 2. Letter to Support GARVEE Bond Legislation: De Weerd: It isnft often that we have an opportunity to recognize young -- our youth of our community that makes valuable contributions to our city and to many different events throughout the region. So, I appreciate your tolerance during this opportunity to recognize these young Girl Scouts. Council, J had given you a copy of a letter of support from the Mayor and Council to our elected officials on GARVEE bonds and I would to have your support and your signatures~ So, if I can get a motion, I \AJould certainly appreciate it. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move that we send out the letter to our representatives and to the governor and to (TO and that supporting the GARVEE bonds as legislation is written. Wardle: Second. De Weerd: Okay~ The motion is to accept -- or support the GARVEE bond legislation. The letter we have written to our eight elected officials in Districts 14, 20, and 21 ~ All those in favor say aye~ Okay~ All ayes -- well, three ayes and one abstention. Rountree: Abstention. MOTION CARRIED: THREE AYES. ONE ABSTAIN. B. Planning and Zoning 1. Response to Ada County Board of County Commissioners regarding Area of City Impact: De Weerd: Thank you. Okay. Also under Department Reports we have our Planning and Zoning Department. Oh, it's not Anna Canning, it's Brad Hawkins-Clark. Hawkins-Clark: Thank you~ ('.~:'.. ." ( ..... ...-:..~\. ... . Meridian City Council March 8, 2005 Page 5 of 34 De Weerd: Thank you, Brad. Hawkins-Clark: Hopefully, the Council has had a chance to review just that page and a half letter that was placed in your packets that our department drafted. Essentially, ies just stating that you, as the City Council, are wanting the Ada County Board of Commissioners and their staff to deal with Eagle City in terms of that north area. I think some of the other items in that letter are just kind of updates for that area of city impact change. So, if you have got any questions, I would be happy to answer themt but, otherwise, I think the goal of this was just to get your support and we can send it out tomorrow. De Weerd: Council, any questions regarding that letter? Bird: I have none. De Weerd: Okay. J believe the signatures were myself, and Councilman Wardle as President. Hawkins-Clark: Yes. De Weerd: Okay~ Thank you, Brad. Do I need a motion to sign? Nary: Madam Mayor, probably voice vote would be -- rather than roll call. De Weerd: Do I have a motion? Rountree: So moved. Bird: Second. De Weerd: Okay. The motion, 11m assuming, is to approve the letter for signature. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 7: (Items Moved from Consent Agenda) De Weerd: There were no items moved from the Consent Agenda. De Weerd: So, we will move to Item 8, which is FP 05-014 and we will start with staff comments. 2. Comment Letter to Boise City ( ." c.... " Meridian City Council Ma rch 8t 2005 Page 6 of 34 Hawkins-Clark: Madam Mayor, 11m sorry, I didn't -- I see that I didn't get it onto the agenda, but could I take one other -- about three minutes to update on another department report or do you want to do that at the end? De Weerd: What is that regarding? Hawkins-Clark: It's regarding a request that the city received from Boise city on a comment for an application that they are processing on Eagle Road. De Weerd: Okay~ Council, do you have any objections to hearing that right now? Rountree: No. De Weerd: Okay. Hawkins-Clark: Thank you. On the screen is the application that the City of Meridian received from Boise city. This is North Eagle Road. The Winston Moore Blue ~AarJin Project is here immediately to the south. The Lowe's project is here~ So, we are just north of Ustick Road. So, this small two acre site is proposed for a rezone and, then, the site plan that they gave to Boise city is here and, you know, often we get letters from Ada County, we don't get Jetters from Boise city very often asking for comment, but we are a commenting agency, since it is adjacent to our city limits, and, essentially, what the planning and zoning staff was planning to do was just submit a letter to the planning and zoning commission of Boise city saying we do not support a full access at this location to Eagle Road~ )he question is does the City Council agree with that and, if so, fine, we will send a letter. The main point that we are looking for is in the -- the development agreement, when the City of Meridian -- this is, actually, pending, here in the next couple of weeks you should see this, but with the W~H~ Moore Company there was a condition that they provide either a public or a private street adjacent to Eagle Road, so that some cross-access could happen there. And, then, you may recall there is a street that comes across the south end of the Nazarene church site north of the Brighton property, Bald Cyprus is the name of that street, and what we will be asking for is that the cross-access be provided, so that this parcel can come down and align generally with Bald Cyprus. And, again, this is just a comment, of course. Boise city has the final say, but I think since we had received the lettert we wanted to run that by you~ De Weerd: Brad, have we heard from ITD? Is that the goal for ITD as well? Hawkins-Clark: Madam Mayor, Members of the Council, we have been using the Eagle Road corridor study that was completed about a year ago that ITD had and they -- that study shows center medians in Eagle Road with median breaks that would allow for movements right there, turning movements near Bald Cyprus, but it would be -- there would be no breaks all the way up until I think it's Wainwright, where there would be a proposed signal. So, it's generally in conformance with that study~ J don1t think we have received anything specific. to this application. (:...:.. Meridian City Council Ma rch 8t 2005 Page 7 of 34 De Weerd: Okay~ Thank you~ Council, do you have any questions or comments? Rountree: I have none, MayoL De Weerd: Okay. J guess, Brad, if you will draft a letter -- Council, do you want that Jetter to be written by staff or would you also like to see it under your Council president's signature and my own? Donnell: Madam President, I think that can be handled by staff. De Weerd: Okay. Hawkins-Clark: Okay~ Thank you. We will get that out. De Weerd: Thank you~ Okay~ And if you will also cc ITD on that as well. Hawkins-Clark: Okay. Item 8: FP 05-014 Request for Final Plat approval of 18 commercial building lots on 33.1 acres for Destination Place Subdivision (fka Boise Valley Commons) by Boise Valley Commons, LLC - east of South Locust Grove Road and north of East Overland Road: De Weerd: Okay~ Okay.~ Item No~ 8. Hawkins-Clark: Mayor, Members of the Council, this final plat is for Destination Place Subdivision and what you see on the screen is the approved preliminary plat~ They are coming in with a final plat on the full property as the boundaries of the preliminary plat. As you can see, it's virtually identical. They have the two public streets that align with Resolution to the south that come in and make a loop and, then, they have cross- access, shared driveways, throughout the project here to serve these other lots. Staff finds that it substantially complies with the preliminary plat and there is just one minor change that the applicant had pointed out to me tonight and that's on page three of the staff report regarding the pressurized irrigation system for this subdivision that -- the report says it will be owned and maintained by Boise Valley Commons, but thaes an error, it's going to actually be Nampa-Meridian Irrigation District. So, I -- my understanding is with that one change they are in agreement with all of the staff conditions that are recommended to you tonight. De Weerd: Okay. Thank you, Brad. Any questions for staff? Bird: I have none, Mayor. Rountree: I have none. ( "" ...... .: c "". ~..... ".:.. " Meridian City Council March 81 2005 Page 8 of 34 De Weerd: If there is -- we received a comment from the applicant~ If there is nothing further, I would entertain a motion~ Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve the final plat for Item No.8, FP 05-014, subject to staff comments and the correction as it relates to the reference to Nampa-Meridian J rrigatio n District -- Donnell: Second~ Rountree: -- as opposed to -- Donnell: Oh, (1m sorry. Rountree: -- the Commons. Donnell: I thought you were through talking. Rountree: Jim done~ 11m done. I'm done. Donnell: Second. De Weerd: It's been moved and seconded to approve Item No.8. If there is no further discussion, Mr. Berg, will you calf roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Item 9: FP 05-011 Request for Final Plat approval of 57 single-family residential building lots and 9 common lots on 27.73 acres in a R-4 zone for Sutherland Farm Subdivision No. 5 by Great Sky, Inc. - east of South Eagle Road and north of East Victory Road De Weerd: Okay. Item No.9 is FP 05-011. We will start with staff comments~ Hawkins-Clark: Thank you, Mayor and Members of the CounciL Sutherland Farms Subdivision is coming in for their fifth phase and this is on the western -- or, ('m sorry, eastern end of their development. South Eagle Road is out here. Victory Road on the south end. And it's this area that they are coming in for final plat on~ Here is a detail of that final plat. This phase does include an approximately five-acre park site, which came through in the preliminary plat a few years ago intended to be a private park for the neighborhood. However, I was informed recently last week that Doug Strong, parks (/u.'.:..:., f~ . Meridian City Council March 8, 2005 Page 9 of 34 director, has been in conversations with Trevor RobertsJ the owner of the fandf about a possibility of this common area becoming public~ I think those discussions are ongoing. That's mainly just a point of interest that I wanted to mention. I think that the applicant is -- and staff have agreed to the conditions as they are worded. Really, the only difference would be related to how the note on the final plat references this lot. Today, it says it is owned and maintained by the homeowners association. If a -- if the property was conveyed at some point in the futuref obviously, that title transfer and whatnot would happen and that would be reflected through other records, but I think as it's written before you tonight -- the other thing to point out is the Ridenbaugh Canal does run along the north boundary of this phase. This stub street goes into the city card site, the Silverstone development~ The pathway, as the condition is currently worded, would have a public easement on it, since it is designated as a public pathway in our Comprehensive Plan. That is addressed in condition number four, which is on page two of the staff report, and the proposal that came from Daren Fluke, who is representing the applicant tonight, for that is to modify it just slightly, if the Council so agrees. That would be on the second line of that item number four, which says the pedestrian easements would be created for the pathway, et cetera, and, then, recorded prior to signature of the city engineer on the final plat, then, would be added. Or the lots shall be dedicated to the city for ownership and maintenance by the parks department. AndJ then, if an easement is created, the easement shall be sufficient width to cover the ten foot. So, I think that the modification would actually take place either way. SOt whether or not that public pathway is in a common lot that's owned by the city or within an easement, it basically leaves the door open for that to occur later on. That's the one proposed change that we received from the applicants. Other than that, my understanding is they ar~ in agreement. De Weerd: Thank you, Brad. Any questions for staff? Okay. I guess I have a question for Brad Watson and this is out of the blue, I just want to challenge you tonight. There have been some drainage issues on other parts of this subdivision and -- are you familiar with those? Watson: Madam Mayor, Council Members, I may have been aware at one time, but, forgive me, I don1t recall those right now. De Weerd: Okay. J will see if the applicant might know, too. Would the applicant like to have comment? If you will, please, state your name and address. Fluke: Madam Mayor, thank you. Daren Fluke, JUS Engineers, 250 South Beachwood in Boise. De Weerd: Thank you. Do you have comments on the staff report on this particular-- Fluke: With regard to the pathway, if you will remember a couple of years go when we went through the preliminary processJ our understanding at that time was that we would be dedicating the pathway, because ies shown on the regional pathway plan and the Comprehensive Plan, and so that's how we have been proceeding. This phase three (.- Meridian City Council Ma rch 8, 2005 Page 10 of 34 here is the first phase to hit the Ridenbaugh, so this is our first go around with dedicating the path. We are speaking with Doug Strong about how to make that happen and so we just asked for the -- that modification to allow us the flexibility to give it to the public or to maintain it if need be as -- by the HOA. With regard to the drainage issue, I would say that's been blown utterly out of proportion. That happens to be an issue with some lot grading. The applicants -- or the owner of the property, at his sole expense and initiative, went in and did some finish grading on some lots and because of a difference in grade we had installed a retaining wall in between a couple of lots and we installed a French drain to deal with that and there is some disagreement with the contractor for the owner -- the new owner or buyer of one of the lots that abuts that wall and he's unhappy with how the French drain was constructed or installed and whether or not there is a gravel sump at the end of that. It's a minor fix. Ifs -- you know, and it's perplexing that ifs made its way to you, but it's really not an issue with drainage in the subdivision at all. De Weerd: That's only because I'm my own secretary lately and I get every call now. Don't let that be an incentive to call the Mayor's office, okay? Fluke: 1111 send an e-mail. De Weerd: Thafs the only reason I know about it. But I thought this was a great opportunity and what a coincidence~ Fluke: It is a minor issue and we are resolving it with the owner of the lot, so -- De Weerd: Thank you. I appreciate that update. Do you have any questions, Council, for the applicant? Bird: I have none. Rountree: I have none~ De Weerd: Okay. Thank you. Wardle: Madam Mayor? De Weerd: ML Wardle. Wardle: Hearing the applicanfs agreement and no other comments, I would move that we approve Item No.9, FP 05-011, final plat for Sutherland Farms Subdivision No.5, including staff and applicant comments with regard to item number four and the ability for the lots to potentially be dedicated to the City of Meridian. Donnell: Second. c:.-.:..... . ( \. Meridian City Council March 8 ~ 2005 Page 11 of 34 De Weerd: Okay. The motion is to approve Item No.9 as amended. Mr. Berg) will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; DonnellJ yea~ MOTION CARRIED: ALL AYES. Item 10: FP 05-012 Request for Final Plat approval for 52 single-family residential building lots and 6 common lots on 13.55 acres in a R-8 zone for Fulfer Subdivision No.4 by Kevin Howell - north of McMillan Road and west of Linder Road: De Weerd: Thank you. Item 10 is FP 05-012. I will start with staff comments on this item. Hawkins-Clark: Thank you, Mayor, Members of the Council. This is a preliminary plat for what originally came through as Kelly Creek and is now being called Fulfer Subdivision. This is phase four. The preliminary plat generally is there. I think there is a few changes. This might have been just a slightly older version, but we are talking about this phase in the southwest corner~ Again, this is McMillan Road along the south. This is in between Meridian and Linder roads on the north side of McMillan~ This area that you see here that fronts on McMillan Road was approved as part of Kelly Creekls planned development for office use and is, actually, zoned L-Q today. There is an existing residence on this lot, which the -- the plat that you received did actually include that lot~ As you can s~e on this preliminary plat, they -- it was a large lot that was intended to either at the time remain as a residence or could, potentially, be integrated with -- folded into this -- to this office use. The applicant has chosen to go towards the direction of having this lot be preserved for integrating with the office and so there would be a cross-connection there to the west~ So, this final plat actually removes that lot, which, again, is different than what you have got in your packets~ Other than that, it's exactly the same plat. Now, is there -- there is a common lot right here in this area that separates that out parcel from this public street and we have asked for there to be an access easement across that just to, basically, plan for the potential for this lot to still need to access internal to the subdjvision~ We think thatls a good idea to keep that option open for everyone~ So, the staff report does recommend that~ Otherwise, the lot patterns and configurations, everything else is in conformance with the preliminary plat Since that lot has been removed, it does affect two conditions and if the Council is supportive of that, they are conditions number 13, which could be stricken entirely, that currently states a 97-foot wide easement shown on Lot 29, Block 12, shall be reduced to a maximum width of 20 feet and that's talking about a driveway easement that was shown for the existing house onto McMillan. Road. If you agree this lot won1t be in this phase now and so that easement is not a part. The other condition that would change is number 16 that says the applicant shall create a minimum 20-foot ingress-egress easement across Lot 28 and instead of saying for Lot 29, it should say the residential lot to the south~ And with those two changes staff does recommend approvaL And the revised plat date is March. 8th and thafs the one that excluded Lot 29, Block 12. (~:....... .. : ('........ . \:........ . Meridian City Co uncil March 8, 2005 Page 12 of 34 De Weerd: Okay. Thank you, Brad. Any questions for staff? Bird: J have none. De Weerd: Is there any comment from the applicant? Okay. The applicant is in agreement with all the staff comments, then. Except for what was discussed. Okay. Mr. Wardle. Wardle: Madam Mayor, I would move that we approve Item No. 10, FP 05-012, final plat for Fulfer Subdivision No.4, including all staff comments, striking condition number 13, amending condition 16 to read the residential lot to the south, instead of Lot 29, and noting the final plat date of March 8th, 2005. Bird: Second. De Weerd: Okay. The motion is to approve Item 10 with the noted changes. Are there any questions to those changes or comments? Okay. Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES~ Item 11: FP 05-013 Request for Final Plat approval of 77 single-family residential building lot~ on 19.4 acres in a R-8 zone for Chatsworth Subdivision by Dyver Development, LLC - South Locust Grove Road and south of Victory Road: De Weerd: Okay. Item 11 is FP 05-013. We will start with Brad. Hawkins-Clark: Thanks. Chatsworth Subdivision is a subdivision that's on South Locust Grove Road on the west side just south of Roseleaf Subdivision to the north and, then, Tuscany Lakes north of that~ They are proposing to come in with the entire subdivision as a single final plat, 77 single-family Jots and four common lots, 19.4 acres. They have shown their common areas in the same locations. All the street stubs, everything is complying with the preliminary plat. I do understand that the applicant has a couple of changes that they would like to discuss with the Council that Brad Watson may also have some comments on. But other than thatf we are recommending approval of this application. De Weerd: Okay. Thank you. Brad, do you have any additional comments? Brad Watson. Watson: Madam Mayor, Council Members, no, the applicant has made me aware of two items he would like to address tonight and I have discussed them with him, so I will Jet him do that. (: . ./ f Meridian City Council March Bt 2005 Page 13 of 34 De Weerd: Okay. Would the applicant like to come forward? Please state your name and address. Kinkela: Chad Kinkela, Bailey Engineering, 1500 East Iron Eagle Drive. De Weerd: Thank you. Kinkela: Good evening, Madam Mayor, Members of the Council. We are just simply requesting a modification to condition number nine on the site-specific comments for final plat. To my understanding during the preliminary platting process the applicant agreed to provide a gated access to the parcel -- to the out parcel to the east. The condition here is asking for a gate to be installed the full width of the street and I believe that would be a fairly wide gate. The road is 36 feet wide. So, we are requesting that that condition be modified to a more standard size gate of say 12 to 14 feet wide. And, then, the second condition that we had a little bit of concern about was condition number 12, which talks about prior to issuance of the 51 st building permit we would need to have an approved secondary access and I just was curious about the -- the subdivision to the north is Roseleaf Subdivision, phase one, which is already paved and platted. If -- I have put together a bigger exhibit here that would show that that would have secondary access going through phase one of Roseleaf number -- Roseleaf Subdivision. So, I didn't know if that would satisfy that condition and if that was the case if that could be removed. De Weerd: Okay. Staff, have you looked at the plat he's referring to and would that second access qualify? Chief, have you had an opportunity to look at that? Bowers: Madam Mayor, City Council, no, I have not, so -- I don't know if Brad has in their meetings or not. Watson: Madam Mayor, Council Members, 11m trying to remember if Roseleaf has actually been platted yet. I have signed it and ifs recorded. Okay~ There is a lot of them. But if it is platted, then, they do have access out to Locust Grove Road. I don't know that this has to be definitively addressed tonight, because if he does have that secondary access and it's platted, then, the building permits down the road will be released. SOt really, this condition I don1t think affects you tonight or -- if it stays in. Kinkela: Thanks for you time and -- De Weerd: Okay. Council, do you have any questions for the applicant? Bird: I have none. De Weerd: Okay. Thank you so much. Okay. Council? Councilman Wardle. Wardle: Madam Mayor-- i\..... ... . (~,..... .. Meridian City Council March 8 f 2005 Page 14 of 34 Rountree: You're going to jump all over these tonight, aren't you? Wardle: I got it. No problem. I would move that we approve Item No~ 12, FP 05-013, final plat for Chatsworth Subdivision, specifically noting the applicanfs comments on item number nine, specifying gate width across the road to the private piece of property to be not the entire width of the roadway, but a more modest 12 to 14 feet -- 14 foot gate. Rountree: Second. De Weerd: Okay. The motion is to approve Item 11 with changes to number nine in site specific. Is there any further discussion? ML Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Item 12: VAC 05-003 Request for a Vacation of the golf course easement located on Lots 44, 45, 46, & 47, Block 1 of Spurwing Subdivision by Spurwing Limited Partnership - North of Chinden Boulevard and west of North Linder Road: De Weerd: Okay. Item 12 is VAC 05-003~ We will start with staff comments. Hawkins-Clark: Thank you, Mayor, Members of the Council. This is a -- probably the most unique vacation I think that I have seen come through. This is a request from the Spurwing Subdivision to the north of Meridian on the north side of Chinden, one of those oddities in the state statute that says if easements are within a mile of the city limit, then, the city has to take a look at it. So, that's why you1re seeing. It is within a mile of Lochsa Falls Subdivision. The land is not today in the city limits, but because at some point in time the state legislature said you should talk about this, thafs why you1re talking about this, so -- the request is for a golf course easement that's located on four lots generally in the center of the golf course and they are proposing to vacate that -- that easement and the applicants -- ML Pat Tealey from Tealey's Land Surveying is here to answer any questions you may have about it. De Weerd: Thank you, Brad. Council, since the legislature told you you need to talk about this, I will open this up for discussion. Rountree: Madam Mayor, I would like to hear from Pat about the Jots and what we are vacating and why. Tealey: Madam Mayor, Members of the Council, my name is Pat Tealey, office address 2501 Bogus Basin. When we first started this process we didn1t think we would end up c .. ...-:..... "..." c.......... Meridian City Council March 81 2005 Page 15 of 34 here either, but we couldn1t find anybody that would take the paperwork, so you guys are stuck with it. les all yours. De Weerd: Friendly staff~ Tealey: Thanks, Brad. It did get ping-ponged between the county and the city and back to the county and, then, back to the city again and, finally, the jurisdiction was found. All we are trying to do here is -- Spurwing Development, LLC, and the owner of the lots and the two recorded owners, Mra Compton and Mr~ Langer, wish to vacate an easement that allows the golf course to dictate what kind of landscaping goes adjacent to the coursea The reason that we are asking for the vacation is because topographically the golf course could never actually use that easement. So, in order to take the -- basically a hindrance on their lot away from them and allow them to landscape it how they see, rather than being under the jurisdiction of the golf course, we decided to vacate ita So, now we are here before you to -- I know you1re not really concerned about it, but -- and there are no public utilities and really nothing to address other than that. De Weerd: We are concernedt because we think regionally. Tealey: So maybe we will end up in your jurisdiction here shortly. De Weerd: Council, any questions. Bird: I have none. T ealey: Thanks. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: My only recommendation on this item is that if the Council is going to approve that request, that you simply direct staff, we will send a letter similar to the process we initially did with the highway district in simply sending a comment letter that it was acted upon in this state, you know, that the City Council has directed that they had no objection to this particular request and I think that would make the process a little bit simpler. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I so move. Bird: I second. (:~...::: . (~....: ' Meridian City Counci I March 8, 2005 Page 16 of 34 De Weerd: I thought rid get that kind of motion~ Okay~ The motion is to approve VAC 05-003, with direction to staff to send a letter reiterating what ML Nary said~ Mr~ Berg, will you call roll. Roll-Call: Bird, yea; Rountreef yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Item 13: Public Hearing: RZ 05-001 Request for a Rezone of ~249 acres from R-8 to O-T zone for Robert Monson by Robert Monson - 829 North Meridian Road: Item 14: Public Hearing: CUP 05-001 Request for a Conditional Use Permit for an office I retail use in an 0- T zone for Robert Monson by Robert Monson - 829 North Meridian Road: De Weerd: Okay. Items 13 and 14 are public hearings on RZ 05-001 and Public Hearing CUP 05-001 ~ I will open these two public hearings, Items 13 and 14f with staff comments. Hawkins-Clark: Thank you, Madam Mayor, Members of the Council~ This item -- both of these items deal with an existing residence that has been vacant for some time here on the southwest corner of Meridian and Pine. So, we are currently sitting in this location -- well, I guess we are down here. Where are we? Just across the street. The request for the rezone is~ to be changed from its existing R-8 to Old Town a This whole area over to approximately West 4th is designated in the Comprehensive Plan to be in Old Town. You have seen a few of these come in sort of one at a time, since we have not done a city-initiated rezone application for this whole area. So, basically, as these properties are redeveloping you're seeing these rezone applications come in and thatls exactly what you have here tonight. So, as far as the Comprehensive Plan is concerned, the Old Town designation does work. This is the Conditional Use Permit site plan that they submitted. Again, this is Pine on the north and Meridian Road out here on the right side of the screen. What they are proposing to do is to have a curb cut off of Pine~ The historic school, of coursef is just right across the street. This would run a driveway around the backside of the house. They have angled parking, two spaces here on the backside of the structure~ A new solid waste enclosure would be constructed here in the corner~ And, then, they have parallel parking along the south boundary~ And then -- and access onto Meridian Road~ This is the existing residence, built in 1911, and a very nice structure, still in very good condition~ They are not proposing any modifications to the facade. Here is the side that faces Pine. Just have the two photos for you this evening. But the Planning and Zoning Commission did review this, they have recommended approval to you on both applications~ There was no opposition at the Public Hearing at the Planning and Zoning Commission~ The main comments that they addressed and are asking you to talk about have to do with the placement of a sign. As you know, there is -- there is some -- still a little bit of uncertainly as to the exact width of Meridian Road under the downtown transportation (.. . ~... . .. (. Meridian Cjty Council March Bt 2005 Page 17 of 34 plan as far as ACHDfs ultimate right of way. It could be that they would need an additional six feet beyond what they already are asking for, but they cannot require that six feet, because ies not in a five year work program. SOf some of the discussion had to do with, well, does the City of Meridian want to insure that the full width is available for the ultimate widening of Meridian Road and, realJYf the only effect that it frankly -- since they are not proposing to expand the structure, is the location of a future sign and whether or not that sign is located in the ultimate right of way or if it's placed outside of that~ There are some very nice treesf which in either case in the future would probably have to go, because they are just too close to Meridian Road, if that Meridian Road project occurs as currently -- or tentatively planned for. So, that easement issue was one of the items that they discussed. The other thing that got a little bit of conversation was -- there is a basement in the building and how that mayor may not be used for storage for their office-retail use and how that relates to parking, at this point they would not have that for use, is my understanding. There was some question about the exact size of the -- at the P&Z meeting, maybe we can ask them to address that tonight for you. The one small change I think is that the recommendation references the site plan, dated November 15th, and itlsf actually, February 3rd, '05. That's the revised one that they made just before the Planning and Zoning Commission meeting that added the trash enclosure and added a parking space on the west side of the building, so -- and I think you have only had a couple of these where you would -- what you have tonight is, actually, the findings as welL The next item on your agenda tonight also has that. But if you're in agreement with the conditions as proposed for both this item and Alexandria Subdivision thafs following this, since you have the findings, that could be adopted tonight, is my understanding, unless you have substantial changes that you want done by the applicants and if_.you just want to direct staff to proceed with those, then, you wouldn't have to request the findings come back to YOU4 De Weerd: Okay. Hawkins-Clark: That kind of gives you a summary of where the Planning and Zoning Commission is coming from. All of the recommended conditi~ns are there in the recommendation before you tonight and I can try to answer any questions you have. De Weerd: Okay. Council, do you have any questions for Brad? Bird: I have none. De Weerd: Okay. Is the applicant here this evening? Would you like to come forward and comment. If you will, please, state your name and address. Monson: Good evening. My name is Robert Monson. I Jive in Meridian, 2547 North Tuscan Street in Meridian and I'm the person who has submitted this application for your review and after we ended our discussion with the Planning and Zoning Commission there are a few issues and I just -- I just had a chance to look through these documents earlier this afternoon, so there is a few questions I have got concerning them. The first thing would be the easement. The Planning and Zoning (" Meridian City Counci I March 8 t 2005 Page 18 of 34 Commission recommended a six foot easement, which I asked them to forego on, but they did pass it, that they did want it, and one of my concerns was it just encumbers the property more and I donlt believe that there is really no intent for the city to use that easement~ That was never discussed~ You know, I don't think they have no intent to use that easement for anything other than looking ahead at the road in the future and my position was that if the highway department needs additional property. you know, there is -- certainly, you know, you have administrative law, you have eminent domain or whatever to come take this property, but, then, it got into the placement of the sign, which is up there, but the Planning and Zoning folks feJt they didn't want a sign put on there and, then, in the future jf they did take the additional six feet, you know, someone has to pay to remove it. So, J said that I would remove the sign or relocate it at my expense. So, thafs kind of a mute point~ But I just ask that the easement be, you know, not taken. So, that was one position or -- you know, for comment The next thing was also kind of the conclusion I came to at the end of that meeting was that it was okay to put the sign, but looking through here I -- they put in one comment in one of these documents that, you know, the sign wasn't approved, but I really think it was. But Jim not sure where thafs at~ But I definitely would like a little -- you know, provisions for a sign, free-standing sign. And also I see in here now they talk about a fire hydrant, but at that -- at the other meeting I was under the understanding that the fire hydrant was over by the school, so it was a mute point But now I see it's showing up in this document again. So, 11m not sure what that is~ But there is one in front of the school administrative building~ So, at that time, you know, I thought that had been resolved. Then, there is one other issue, so -- we are concerned -- the Ada highway -- J guess the highway department, ACHO, they had a list of concerns that they wanted, but one of my kind of questions was YQ.ulre the City of Meridian, who do I interact with for those folks. Well, whatever you make -- is binding, does it just go to their stuff, because there is some things on there and, see, they are requesting an 18 foot right of way for the road at this time~ I know, I would much rather see it come at the time whenever they need the property and at that meeting they said it could be up to nine years. But, anyway, I did talk to those folks a little bit and I didnft really know how to interact with them and they have a pretty good list of stuff here, but one thing was -- that I'd like you folks to consider is that if they take the right of way they are going to reimburse me with the property, you know, but there was some foggy area in how they were going to do this. So, I would like to recommend at the time of the taking that they pay full market value at that time. And they were -- they had a difficult way to calculate that, which wasn1t what I would like. Also, then, another one was, you know, funds are available. But, you know, if you deed over property, you know, you certainly like to get paid. So, you know, that is my question. But since they are a different entity, but they do have requirements here in the package. You know, then, another question was how do I deal with those folks or -- since they don1t have a hearing or nothing. In other words, you make it binding. I donlt want to be, sort of speak, thrown to the wolves with those folks. So, those are the issues that -- the easement, the right of way, the placing of the sign, and the fire hydrant scenario. De Weerd: Okay~ Well, we will try and help you get some answers and you do have the last word, so we will see if we can get some responses for you. (U: ....:.... . (un... . ..:. Meridian Ci ty Council March Bt 2005 Page 19 of 34 Monson: Okay. De Weerd: I guess while the applicant is at the podium, staff, can you comment on the tire hydrants? Watson: Madam Mayor, Councif Members, all I see in the staff report is just the boilerplate comment that comes from the fire department talking about adequate fire protection~ I don't see any -- unless I'm just missing it, I donlt see something that says there will be another fire hydrant installed. Sorry. That's the best I can do~ Is there a specific area? Monson: Yeah. Well, there is probably -- you know, what you were saying, there is just a comment in there from the fire chief or the fire department speaking of fire hydrants and where they are going to be placed and so on and so forth, so -- but, you know, 11m not sure if they -- if that's a binding thing, when they walk out here they might -- but according to the architect that helped me put this together, he said, no, he said you1re within the school department there. But, then, J saw it show up again, so I'm not sure now~ Watson: Madam Mayor, Council Members, really, the only time where an additional fire hydrant would be needed is if they don't make the spacing requirements and there is a modification to the structure or a new building coming in. I can1t speak for the fire marshal, but J can1t envision there being an additional fire hydrant required of this application, if there is, in Jact, one across the street De Weerd: Okay. And there is nothing in specific comments by the fire department? Watson: Madam Mayor, no. Not that I see. De Weerd: Okay~ So, I think you have just a standard comment there. Monson: Thank you very much. De Weerd: Council, do you have any questions for the applicant at this time? Okay~ Thank you. Well, we will see if we can have our ACHD representative give us some information on the right of way issue and -- Monson: Thank you very much. De Weerd: Thank you~ Monson: Appreciate it. Mills: Good evening, Madam Mayor, Council. Bruce Mills, Ada County Highway District. One of the wolves. Anyway, the issue on the right of waYJ (1m not entirely sure /: ~.-:.... . .. f . . : ~==::.~ ... . . . coo . Meridian City Council March 8. 2005 Page 20 of 34 -- didn't bring the report Brad, do you know how much right of way we have out there right now in front of this property? Hawkins-Clark: The way that ies worded in here is it will either be a five lane, 96 feet of total right of way, 48 from center line, or a three lane facility, 70 feet of totaL And the condition is to dedicate 42 feet of right of way from the center-line -- Mills: Thafs fine~ The final answer is ifs really a little bit variable and the reason I say that is because right now, looking at the plans for the downtown study, it would show that this area is probably going to wind up being a five lane facility under I think any of the options we were looking at, with the exception of a one way couplet and I won't go there tonight~ But either five-Ianing Meridian or the split corridor we talked about, becomes a five lane facility in this area north of the railroad tracks. However, it's probably going to be a five lane constrained section and it's very possible that we won't be acquiring right of way symmetrical on the center line, we may be taking it from one side or the otheL So, the short answer is that the right of way that we taking, if there is a question about -- that Mr. Monson has about value, J can certainly talk to him outside about that, but at this point that has been a recommendations is to take that much right of way and we may need a little more in the future or, depending on what type of a constrained section we have -- in other wordsf do we have bike lanes or not, do we put the sidewalk against the curb or not -- there is lots of different variables that we will have to look at that will determine whether that right of way we are buying to 42 feet is enough or not~ So, I don't have a definite answer for you tonight on that. The easement -- I assume the easement they are talking about was just to try to have an area that the sign would not go in, but if I heard right and the applicanes willing to move that sign at his expense in the future, that issue goes away certainly for us. Was there any other items? De Weerd: No. But I believe Councilman Rountree has a question. Rountree: Madam Mayor -- and it's that issue, Bruce, the terms of an easement. It seems to me that what you're trying to do and what we need to assist in is to keep a new building or additional building out of what you might need in the future in terms of right of way expansion. So, as opposed to an easement with development setback be sufficient -- you don1t need to buy the right of way right nowf because -- Mills: We don't. We typically try to buy it at the time of development, but, you1re right, we would need it, obviously, when we are doing construction later on. But we don1t need an easement. I think the thought was that we were hoping that we wouldn1t have to pay to move a sign in the future, if we could get the sign moved out of that area now. We don't mind if the sign goes there now, if the applicant is willing to move it in the future. Put that in writing. Rountree: Okay. Thank you. C"": . Meridian City Council March 8. 2005 Page 21 of 34 De Weerd: Thank you. Is there anyone else who would like to provide testimony on this application? Okay. Would the applicant like to come forward for any final comments? Hawkins-Clark: Madam Mayor? De Weerd: Yes. Hawkins-Clark: While hels coming up, could I just add one comment? De Weerd: Uh-huh. Hawkins-Clark: I -- just for clarification, Mr. Monson's correct, that the P&Z Commission did approve the sign. There wasn1t an issue with the sign. I think it just didn1t make it into the condition, but I was just reading the minutes from that meeting and it could -- their main concern was -- was the six feet and they have -- they are asking for 42. There is 30 feet of right of way today from cente-Jine, 42 is what ACHD is asking fori and if it's a five lane, they potentially would have 48. So, J think, again, the purpose of the additional six foot easement that ACHD can1t ask forf but that the Commission discussed was -- should the city help ACHD by adding another six feet beyond the 42 foot of right of way, to provide an assurance that thatls going to be there, but it sounds like the discussion tonight is leaning towards maybe not requiring an easement, rather a setback or something like that, but, just for clarification, that the sign -- they did want it to be removed at the developer's expense, if that needed to happen in the future. That was the main thing they added. De Weerd: Okay. Thank you, Brad~ If you will restate your name. Monson: Robert Monson~ De Weerd: Thank you~ Monson: The only further comment I'd have is that -- you know, I do confirm that if the sign were to be, you know, required to be moved within that -- actually, ifs 12 feet, six feet, they were talking within that 18 feet, which, obviously, it would be placed, it wouldn1t be in the right of way, it would be within that six feet, you know, that I would certainly relocate it at my expense and that can be entered into, you know, your official records. De Weerd: Okay. Thank you, Mr. Monson. Okay. If there is no further information needed or testimonYf J would entertain a motion to close the public hearings on Items 13 and 14. Bird: So moved. Rountree: Second. (.,...:.... . :"~,/' f. \.~ Meridian City Council March 8, 2005 Page 22 of 34 De Weerd. Okay. The motion is to close the public hearings on Items 13 and 14. All those in favor say aye. Okay~ All ayes~ Motion carries. MOTION CARRIED: ALL AYES. Donnell: Madam Mayor? De Weerd: Mrs. Donnell. Donnell: lid like to move that we approve Item No. 13, RZ 05-001, a request for a rezone from R-8 to OT, at 829 North Meridian Road -- and can J do the next one, too? Can we do them both at the same time? Just that one? De Weerd: Just do them one at a time. Donnell: And so that's -- so that's my motion. Bird: I will second it, but I want to clarify one thing. Now, they have got the findings already and do you want to stay to the findings that is in -- there is no -- you don't want to incorporate some changes that they have made within the staff and the applicant? Donnell: Madam Mayor? De Weerd: Mrs~ Dannen. Donnell: I was assuming that those changes needed to be voiced in a motion on -- for Item No. 14. Bird: I agree with you~ I second it. De Weerd: Okay. The motion is to approve Item 13~ If there is no further discussion, Mr. Berg, will you call roll. Roll-Call: BirdJ yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES~ De Weerd: Okay. Item 14. Mrs~ Donnell. Donnell: Madam Mayor. lId like to make a motion to approve Item No. 14, CUP 05-001, conditional use permit for office retail use on 829 North Meridian, incorporating those staff comments and directing -- okay. And requesting that ACHD spend some time with the applicant to answer those questions that he may have and with those revisions that were outlined by the staffJ adding the trash and the parking, and whatever else that I didn't write down here. (:.::.., ...;..: (~:.'-::.. ...~ Meridian City Council March 8 J 2005 Page 23 of 34 Bird: Second. De Weerd: Okay. What did you second? Bird: J seconded her motion that she wanted to approve CUP 05-001 with some changes in the findings as before us, because of the comments of staff and applicant and ACHD. Donnell: Very niceJ Councilman Bird, De Weerd: And those included the sign relocated as -- Bird: That was the applicant's comments. Thafs right. De Weerd: Is there any clarification on the easement versus a development setback? Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I would -- jf we are -- I would like, I guess, an opinion from the city attorney. Certainly in the future and in the past I would prefer to approve the findings, but in this case would it makes more sense for us to clean these findings up, since we are removing an easement G\.nd, then, bring back just the findings as we have in the past. Nary: Madam Mayor, Members of the Council, Council-member Wardle, since you are wanting an amendment of more than a clerical sort of amendment, it probably would be cleaner to request that the findings be brought back in two weeks with the changes specifically, especially since we are talking about the specific issue regarding the sign and the easement or a setback. I think you're right, that would probably be better. De Weerd: Mr. Nary, can you bring it back in a week, beings how we are not having meeting in two weeks. Nary: Well, I think Mr. Hawkins-Clark is the one bringing back the findings. We will bring back the rezone ordinancet though, as it would be the other piece that you have approved, so we could bring that back as soon as Mr. Hawkins-Clark thinks he can have the -- Bird: He can bring it back the 29th, canrt he? The 29th? De Weerd: As far as the findings -- Hawkins-Clark: With just that small change I really don1t think there is a problem. I think the ordinance, frankly, will take more time to prepare than just us tweaking the (, /:. (.-000. Merjdian City Council March 8, 2005 Page 24 of 34 condition on the easement. So, if you want it in one week, the deadline would be this Thursday, so the day after tomorrow, so -- from our standpoint on the CUP findings, they are so minor I don't think we would have any problems doing it I think the question in my mind is the ordinance itself. De Weerd: Okay. And is Council clear on -- that we are changing it from an easement to a development setback and there is -- Rountree: That would be my preference. De Weerd: Okay. Bird: Thafs what she had in her motion, J believe. Donnell: I did. De Weerd: Just wanted to make sure. Bird: The second understood. De Weerd: If there is no further discussion on this -- and I challenge staff to repeat the motion -- Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Item 15: Public Hearing: AZ 04-011 REVISED Request for Annexation and Zoning of 9.8 acres to R-8 zone for Alexandria Subdivision by Lonnie Johnson - 4205 North Locust Grove Road: Item 16: Public Hearing: PP 04-017 REVISED Request for Preliminary Plat approval for 33 single-family residential and 4 common lots on 9.8 acres in a proposed R-8 zone for Alexandria Subdivision by Lonnie Johnson - 4205 North Locust Grove Road: Item 17: Public Hearing: CUP 04~015 REVISED Request for a Conditional Use Permit for a Planned Development consisting of 33 residential building lots for reductions to the minimum requirements for lot area, rear building setbacks, street side setbacks and minimum street frontage for Alexandria Subdivision by Lonnie Johnson - 4205 North Locust Grove Road: De Weerd: Thank you. Items 15, 16 and 17 are all related, so I will open those all at one time. Public Hearing for AZ 04-011, PP 04-017, and CUP 04-015. ('I( open with staff comments. I guess as staff is preparing, J am amazed at the Meridian High School t.. .. . /....: (:." . Meridian City Council March 8, 2005 Page 25 of 34 'students are back again and they are actually sitting this long through our process. hope you get extra credit for this. I guess maybe that's your hope, too. Nary: One just Jeft. I think hels -- De Weerd: I think he still earned that extra credit. Hawkins-Clark: Thank you. Madam Mayor, Members of the Council. These next three items you should be familiar with. Council remanded the applications on this same property back to the Planning and Zoning Commission several months ago. The property has the same name as it did, then, and is substantially the same project, actually, it was just about a two acre change. And just to refresh your memories for anyone that might not have been here, the property is immediately south of Razzberry Crossing Subdivision, which is currently being routed for signature of the final plat, thaes why you don1t see that shown there, but that has been approved by Council. Havasu Creek Subdivision wraps around the back side on the west and, then, there are a couple of Ada County parcels that have not been annexed to the south and, then, of course, Heritage Commons Subdivision south of that. The annexation request this time is for an R-8 zone on the entire property. The last time Council saw it it did include an L-Q on the front So, thatrs the only change to the annexation and rezone application from what you saw before. The aerial shows an existing house, excuse me, on the very backside of the property, along with the one acre county development on the east side of Locust Grove there. This is the plat that was previously submitted~ That had these four office lots with the off-street parking associated with them on the front and, again, the main discussion that. occurred there was that the Council felt that office uses were not appropriate, given some of the other prior approvals of non-residential uses along North Locust Grove, you remanded it back to the Planning and Zoning Commission to have the applicant review that and to look at keeping it all residential. This is the new plat that was submitted. As you can see, the street configuration is all identical, with the exception of this corner here. There is an existing shared driveway that accesses Locust Grove a.nd what they are proposing to do at this point is to carry a new public street along the south end and, then, that, actually, wraps into an alleyway. There is a 25 -- the existing or what would be a 25-foot wide landscape buffer on Locust Grove Road, but, then, an alley immediately behind that, that would service these lots. They are all detached in terms of the housing product that they are proposing, 33 single- family residential lots~ The open space that they are proposing is located here at the end of this hammerhead. Most of the lots that are in the subdivision, the larger lots, anyway, to back up and have some kind of view into those two common areas. There is two street connections that would be extended through and shared with RazzberJy Crossing. The existing house, pool, and some outbuildings, again, would remain back here9 They are proposing to add three other lots on the west side of this new north- south street. This flag lot would have a common driveway on it~ That common driveway would serve both this lot on the north and, then, the flag and, then, there is another new building lot here that would actually front on a street that would not use the common driveway. That allows them to have a little bit narrower common drive. The planned development application does include a couple of amenities. Go back. The {... ... ;/ \<.,: Meridian City Cou ncil March 8, 2005 Page 26 of 34 proposal is for two gazebos, as well as the project having -- yeah~ I think that was one - - actually, one of the items that I had included in my recommendation cover sheet for the Council to discuss tonightl with the requested clarification from the Commission. Whether or not -- we normally do like to see -- or the Council has preferred to see some commitment on what exactly the amenities for projects like this will be~ We had received some information about those gazebos and a tot lot or I think a grand tot lot as it was called, would also be in there~ We did not receive much detail on that, so I think weld like to have that clarified a little bit for the record. The Planning and Zoning Commission modified two of the site-specific conditions. One of them was in the preliminary plat and one was in the Conditional Use Permit. Both of those were at the request of the applicant, who was just looking for some clarification. One of those had to do with the hammerhead here and the fact that the no parking would be signed for just at the -- within the T portion of that. The north-south road street section is, actually, the same width as the rest of the project and would have parking on one side. So, that was one clarification~ And, then, the other was -- was, as I just mentionedt that there are two gazebos proposed as the project amenities~ And, then, a couple other items for the Councjfls consideration tonight~ On item E, the outstanding issue is mentioned that site specific condition seven requires them to either submit a revised plat or an addendum to their application on the substandard common driveway and I just included that in there. There is some proposed wording for you that -- that if you're in agreement with, I think staff and the applicant are in agreement as far as just making sure that that's clear on which lots have that common driveway. So, if you do make a motion for approval tonight, if you would just include that new wording that would be helpful to us. The second item that I had there on page two has to do with the street sections and the applicant did talk with ..the fire marshal about 30 and a half foot street sections, compared to a 29, and they -- we do have a stamped drawing -- and thafs the last item here, that the fire marshal did stamp here that hels comfortable with and, essentially, does restrict the parking to one side. There is a little bit of difference as to how that street section was measured. They were willing to widen that a little bit, so I think there is common ground now on that. And, then, I already mentioned just to get a little more information on the amenities today, so I think with that -- what you see up there is just a blowup of that new area that -- just for your information they are proposing parallel parking off of Star -- Star Drive that would -- again, these new houses here would front Star Drive with the alley loaded garages and to assist with visitor parking and visitor traffic, they are proposing to have a -- sort of a cutout of the street here where there would be, I think, five -- four or five parking stalls there in front. They have also provided two off-street here in this new common area and, then, these easements that you see dashed out on the screen on the south and north sides of the alleys would also be in -- would be paved for off-street parking~ The garages on these would have a minimum setback of 18 feet~ So, there would still be room for people to come down the alley, park behind the garage, but, then, again, these -- these additional parking spaces just provide for a little bit more, which staff thought was a good idea. Of course, the finding is the same -- same point on this one as the prior application and, again, unless there is changes, you could potentially adopt those findings tonight. Thank you. De Weerd: Okay~ Thank .you, Brad. Any questions for staff at this point? j"':"" .. t,..::. .. (~....: :. Meridian City Council March 8 t 2005 Page 27 of 34 Bird: I have none, Mayor. De Weerd: Okay. Would the applicant come forward. M. Wardle: Mike Wardle, 491 0 Knollwood Avenue in Boise. Madam Mayor, Council Members, as staff has noted, you have seen this one before. I think the Council's concern for the non-residential uses have been addressed and, of course, you have got on your dais the schematic of the site plan~ The second sheet is just the surrounding area, adjacent developments. And the third sheet is an example of not the same, but similar setback opportunities in the alley, another project that I did in another location, also is the same if you go down to the Heritage Commons alley loaded, it would be the same setback provision as that particular project That was also another one that I designed. So, the Council concern for the non-residential uses has been addressed~ The fire department's concern for the street sections has been addressed. Staffls concern for the flag lot, as noted by Mr. Hawkins-Clark in the northwest corner, has also been addressed and the language is one of those items that he noted for you this evening. He also noted all of the new 33 dwelling units on the project are single family detached. There are two styles. The bulk of them are -- about 22 of them, actually, are front loaded. The other 11 are those that we placed in the former office retail space and those are alley loaded. I would note one thing, that -- (1m not sure if this would muddy up the waters, hopefully not, but when the application was heard by the planning commission at that point, there had not been a proposed 18 foot setback from the alley to the face of the garage and that was the reason for having that space outside of the garages that staff noted_ as an easement for an additional parking space. With the setback now at a minimum of 18 feet from the face of garage to the aJleYt that means that there would not only be the garage spaces, that means that there would be the two, potentially three if there is a three car garage, three parking spaces outside of the structure itself behind the alley. So, I think we would at least like consideration of a modification to the preliminary plat that now that the 18-foot setback has been discussed and agreed with, the Planning and Zoning Commission said it would be the developerls option to include or not include that additional parking space~ The fear that we have currently is that if we now have, it means that we would not only have the full alley width, but very likely much of the lot would now be totally paved and I think we can work that out, but we clearly now have parking spaces outside of the garages as depicted on that third sheet. I would also note that the alley is actually more than an alley, ies a full 20 foot fire lane, a no parking area. That was done so that there was really no question about the ability of the fire department or any other vehicles to traverse from that street around through that area between those homes. With regard to item three -- E-3, excuse me, concerning the provision of the amenities, staff noted in the report that there is a letter from the Johnson's, who own and have developed this property, that there would be two gazebos and a -- what has been termed as a grand tot lot, because we believe that the marketing and those that would typically live here would be empty nesters, singles and others that probably have grandchildren for some recreation, but on the landscape plan that was submitted and is part of the filer it was also noted that there were within those two gathering areas facilities -- not only the ~:. . .. ~/ l. Meridian City Council March a ~ 2005 Page 28 of 34 landscaping, but a pathway system, the gazebo, and the second one was noted as a covered picnic area, which, essentially, is a gazebo, and so the commitment was made at the Planning and Zoning Commission that there would be the two gazebos, plus a tot lot facility~ That commitment has been made both in writing and was made at Planning and Zoning and was made again here. Obviously, because the project has not gone forward to design, the specific details have not been provided, but we will do so to staff and we have confidence that staff will appropriately address that when that level of detail is prepared. I do want to make one clarification. On the second page of staff's summary they say that the gazebos would be 16 to 20 feet in height~ That, actually, is in diameter. We don't see the need to have an extremely tall gazebo~ But with regard to the findings and conclusions and all of the recommendations, we are in agreement, we see no -- no matters that would need to be changed in any of those, except the clarification that the parking space easement that was provided was -- of the original concept of having a place for somebody to parkf in the absence of a setback from the garage to the face of the alley that would have -- would not provide off-street parking and that is now provided. Hence, we would like the discretion to either do or not do that when we get to final design. But answer questions, but we would ask for your approval, subject to the recommendations in the findings and conclusions in all three of the ap p I ications. De Weerd: Council, any questions? Bird: I have none. Rountree: None. M. Wardle: Thank you very much. De Weerd: Thank you. Okay. This is a Public Hearing. Is there anyone who would like to provide testimony on this application? Seeing none, Mr. Wardle. Wardle: Madam Mayor, this is a question of either legal counselor Brad. Where in the findings would we make the notation that the developer brought up about the setback? Is that something that we can amend quickly this evening within the findings? De Weerd: Mr. Nary. Nary: Madam Mayor, Members of the Council, let me -- I think it is~ Let me find the findings again. I think itls something you can amend on the record~ You can simply direct the staff to provide the supplement to the -- to the city clerk and the final signature will just have that one correction in it, but for signatures to that, that shouldntt be a problem. Wardle: Okay. De Weerd: Okay. Brad? l \. Meridian Cj ly Council March 8, 2005 Page 29 of 34 Hawkins-Clark: Yes. Just a clarification. Yeah. The Conditional Use PermitJ Exhibit E, is the conditions of approval. Item three says the alley loaded rear setback from garages shall be a minimum of 18 feet. I think Mr. Wardle said tonight that they are in agreement with that. We, actually, don't have in writing anywhere that says you shall provide the easements off of the alley for parking, it just -- we have -- we have a plat that shows it on there and so if you want to leave that up to the developer, right now if you approve this plat as shown graphically was what we would enforce. So, I think what Mr. Wardle is asking for is for you to give us the flexibility to -- or give the developer the option to either build those or not build those. So, it, actuallYf wouldn't change a written condition, it would probably just be added to the preliminary plat Okay. To the plat? Yeah. Thank you. De Weerd: Okay. Any other questions, Council? Bird: I have none. De Weerd: Or information needed? Any fina.1 comments from Mr. Wardle? Thafs Mike Wardle, not Shaun Wardle. Wardle: No relation. De Weerd: Okay. Hearing none, J would entertain a motion to close the public hearings. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we close the public hearings on Items 15f 16 and 17. Wardle: Second. De Weerd: Okay. The motion is to close the public hearings. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. De Weerd: Discussion? Mr. Wardle. Wardle: Madam Mayor, take these one at a time. I move that we approve Item 15, AZ 04-011, revised annexation and zoning for Alexandria Subdivision and to approve the Finding of Facts and Conclusions of Law. Donnell: Second. (. Meridian City Coun ci I March 8, 2005 Page 30 of 34 De Weerd: Okay. The motion is to approve Item 15. Is there any discussion? Rountree: Madam Mayor? De Weerd: Mr. Wardle. 11m sorry. Mr~ Rountree. Rountree: Thafs okay. De Weerd: He jumped in and started to talk and -- Rountree: I wonrt call you Bob. De Weerd: Okay, Mr~ Armstrong, what do you want? Rountree: We have -- obviously, we have seen this before. 11m still concerned about this and other developments that we are starting to see that are among -- amidst land yet to be developed and land thatls already subdivided. And don't know that (rm crazy about the particular subdivision, but what really bothers me is that they have made the best use out of less than ten aGres~ Is Meridian really that anxious to annex these kinds of properties or would it be better for Meridian to take a breath on some of these and suggest that the landowners get together and at least put together a project that, I don't know, has some appeal and there are properties adjacent to this that havenlt been developed~ So, I guess my comment is 11m not in that big of a hurry. It seems to me that if we annex this, then, this is what we are going to have there. If we choose not to annex at this point in tim~, we have an opportunity to maybe see, instead of nine acres, maybe something closer to 25 or 30 acres, in that general area, to be developed. So, 11m not inclined to vote in favor of the motion, but just having said that, I am probably going to say it a few more times until you see some of these things in the months to come~ I think we have some grand developments coming into Meridian, they are large scale, they offer a lot of amenities and they offer a lot of options~ Those folks have managed to pull together multiple landowners in some instances to do good things~ So, I think that I, for one, am not in a big hurry. De Weerd: I guess staff and I have had that discussion, because that was one of the recommendations that came out of the ULI visit to take a look at these areas that have a number of smaller property -- pieces of property and look at grouping them -- encouraging those property owners to get together, so we started seeing a larger scale picture and I guess in some regards we have been spoiled by some of these larger lots. Or larger propertYJ because we are able to see the big picture~ But our staff -- we will start working on it. I think some of these applications will be caught in the midst of it, because he certainly hasn1t had that direction to staff in the past and they have come forward, worked with staff, and are trying to work out a plan that the city envisions. Any other comments? Wardle: Madam Mayor? (_,n. .... . ...t" "" ~~..:. i Meridian City Council March 8, 2005 Page 31 of 34 De Weerd: ML Wardle. Wardle: And just a comment on this particular applicant and when it came through in the -- in the original scheme of development had office up front and was something that the neighbors spoke very loudly on and even the counsel disagreed on~ I, personally, didn1t feel that the office detracted from that. However, this development, in my opinion, has brought back and taken into consideration all the things that the Council said and all the things that the neighbor -- the neighbors had asked for and incorporate that into their design4 So, that's why I would seek to look at this favorably. De Weerd: Okay. Any further question, comments, or discussion? Okay. We do have a motion on the table to approve Item 15. Mr~ Berg, will you, please, call roll. Roll-Call: Bird, nay; Rountree, nay; Wardle, yea; Donnell, yea. Berg: So, the tie vote from the Mayor? De Weerd: Aye. MOTION CARRIED: TWO AYES. TWO NAYS. MAYOR AYE. De Weerd: And J guess just to clarify it, I would agree with Councilman Wardle on the comments that were -- and direction that was given from Council, I believe, have been met and so that is the reason for my aye vote4 Oh, I'm sorry~ Item 16. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I would move that we approve Item No ~ 16 f P P 04-0 17 t revised preliminary plat for Alexandria Subdivision and to also approve the Findings of Facts and Conclusions of Law with the addition of the mentioned specified by the applicant of the 18 foot setback requirements of the alley-loaded garages. Donnell: Second. De Weerd: The motion is to approve Item 16 and to incorporate comment and I believe the details on the amenities for the subdivision~ Do we need clarification on that? Oh, sorry about thata Okay. Any further discussion? Mr. Berg, will you call roll. Berg: Thank you, Madam Mayor. If I could just have a clarification. Are we approving the Findings of Facts and Conclusions of Law with that minor amendment? De Weerd: Uh-huh. Berg: Okay. Thank you. ..I just want to make sure we have our records correct. ( . ~~ . /"" ..-.. (. Meridian City CouncH March 8 J 2005 Page 32 of 34 Roll-Call: Bird, nay; Rountree, nay; Wardle, yea; Donnell, yea~ De Weerd: Aye. MOTION CARRIED: TWO AYES. TWO NAYS. MAYOR AYE. De Weerd: Item 17. Mr. Wardle. Wardle: Madam Mayor, I would move that we approve Item No. 17, CUP 04-015, revised Conditional Use Permit for Alexandria Subdivision and to also approve the Findings of Facts and Conclusions of Law, noting the specific amenities for the subdivision outlined in the landscape plan and, then, confirmed in the Public Hearing. Donnell: Second. De Weerd: Okay. The motion is to approve Item 17 with the changes as noted. If there is no further discussion, Mr. Berg, will you call roll. Berg: Thank you, Madam Mayor. Just another cJarjfication~ Are these findings going to be amended or revised and brought back? Bird: They have to be revised. De Weerd: Mr. Nary? Nary: Madam Mayor, Members of the Council, isn't it just one we are -- yeah. I mean you could certainly approve that with that -- with that amendment and, then, just the Planning and Zoning staff could submit the revised one for signature, so you don't have to have it come back, unless you want it to. De Weerd: And you can always puff it off the Consent Agenda if there is a concern. Nary: No. If you want it back on the Consent Agenda, yes. If you just want to approve it with the direction that it be revised with one small change, they can make the revision and submit that for your signature. De Weerd: Okay. Nary: So, it's your choice. Wardle: That was my motion~ De Weerd: Okay~ Roll-Call: Bird, nay; Rountree, nay; Wardle, yea; Donnell, yea. ( . \ ~ (" ..., \ Meridjan City Council March at 2005 Page 33 of 34 De Weerd: Aye. MOTION CARRIED: TWO AYES~ TWO NAYS. MAYOR AYE. Item 18: Executive Session per Idaho State Code 67-2345(1 )(f)&(c): De Weerd: Okay. Item 18 is an Executive Session per Idaho State Code 67-2345(1)(f) and (c). Rountree: Madam Mayor? De Weerd: Mr~ Rountree. Rountree: I move we go into Executive Session per Idaho Code 67-2345(1 )(f) and (c). De Weerd: Thank you. Donnell: Second. De Weerd: Okay. Mr~ Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. EXECUTIVE SESSION: De Weerd: J would entertain a motion to come out of Executive Session. Rountree: So moved. Bird: Second. De Weerd: All those in favor say aye. ALL AYES. MOTION CARRIED. De Weerd: I would entertain a motion to adjourn. Bird: So moved. Donnell: Second. De Weerd: All those in favor? /.... . . ( . \.,.. . ('^:..,-:.:. ....::. Meridian City Council March 8. 2005 Page 34 of 34 ALL AYES~ MOTION CARRIED. MEETING ADJOURNED AT 9:50 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) ~ / €I / p~ DATE APPROVED ( . . . ( MERIDIAN CITY COUNCil MEETING March 8, 2005 APPLICANT Primeland Development ITEM NO. 5-C REQUEST Findings of Fact and Conclusions of Law for Approval: PP 04-044 Request for Preliminary Plat approval of 6 office lots on 4.65 acres in an R-8 zone for Verona Subdivision No.3 - NEe of North Ten Mile Road and West Milano Drive 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 atfached Findings vJ/ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. (" DECISION & ORDER In the Matter of Verona Subdivision #3 Case No(s). PP-04-044 .For the City Council :Hearing Date of: February 22 2005 A. Findings of Fact I . H earing Facts a. A notice of a public hearing was publis.hed for two (2) co.t1secutive weeks .prior to the City Council :pu.blic hearing, the first publication. appearing and written notice Inailed to property OWl1ers or purchasers of record within three l1undred feet (300') of tIle external boundaries of the .property. The notice of.public :hearing .before the City Co.unci] was posted u.pon tIle property under consideration lTIOre thal1 one week before said hearing. All other noticing was dOlle consistent with Idallo Code g67- 6509. TIle lTI.atter was duly COllsidered .by the City Council at the February 22,2005, :pu.bl.ic l1earing(s). The applicant, affected .property owners, and govenunent subdivisions providing services witllin the planning jurisdiction of tIle City of Meridian were given full o.pportunity to express COlnments and submit evidence~ b. Writtel1 alld oral testitTIony was received on this matter, as reflected in the records of tIle City Clerk (for written testilTIOny) and in tIle official :meeting minutes (for oral testimony). c~ TIle :PlalUl.i.ng and Zoni-n.g COllllnission conducted a public 11earing al1d issued a written recollllnendation on the subject Inatter to the City Council. d. The City Council l1eard and took oral and writtel1 testimony and duly considered the evidence and tIle record in tllis Inatter. 2. Process Facts a. Th.ere has beell compliance with all notice alld hearil1g requirelne.nts set f01111 in Idaho Code ~67-6509, 6512, and Meridian City Cod.e S~ 11-15-5 and 11-17-5 as evidenced by tIle Affidavit of Mailing, alld the Affidavit of Publication and Proof of Posting filed witll the staff report~ 3. Ap.plication and Property Facts a. In addition to tIle application and .property facts 110ted in tIle staff report and the Plannil1g & Zoning Recoffilne.ndation for the subject ap.plication(s), it is hereby verified that the .property ow.ner( s) 0 f record at th.e time of issuance of these findings are E.L and S.hirley Bews CITY OF MERIDIAN FINDINGS OF FACT, CO.NCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). 04-044 - PAGE I Of 4 ( ( 4. Required Findings .per Zo.ning and Subdivision Ordinance a~ See Exhibit C for tIle findings required for each type of application. B.. Conclusions of Law 1. The City of Meridian shall exercise tIle powers conferred upon it by the "Local Land .Use Plalll1ing Act of 1975," cod.ified at Chapter 65, Title 67, Idah.o Code (I..e. ~67- 6503)~ 2. The Meridian City Council takes judicial notice of its Zoning, Su.bdivision and Developlne.nt Ordinances codified at Titles 11 and 12, Meridian City Code, and all cun.ent zonil1g maps thereot: The City of Meridian 118S, .by ordil1ance, established the Im.pact Area and the Atnended Comprellel1sive Plan of the City ofMeridian~ which was adopted August 6,2002, Resolution No. 02-382 and Maps. 3. The conditiol1S shall be reviewable by the City Council pursuant to Meridian City Code S 1 .1-17 -9. 4. Due consid.eration has .bee.n given to the cOlnment(s) received frOlTI the goverrunental su.bdivisions providing services in the City of Meridian .planning jurisdiction. 5. It is fo.und public facilities and services required by the proposed develo.pment will 110t ilnpose expel1se upon the public iftlle attached conditions of approval are iln.posed. 6. That the City .has granted an order of approval ill accordance with t11is :Oecision, which shall be siglled by tIle Mayor and City Clerk and then a copy served by the Clerk UpOl1 the applicant, the .Planning and Zo.ning Departlnent, tIle .Public Warks Depaltluellt and any affected party requ.esting notice. 7. That tllis ap.provaI is su.bject to tIle Legal Description ill Exllibit A, the Preliminary Plat dated August 3, 2004 as ShOWll in Exhibit B and tIle COllditions of Approval in Exl1ibit C. TIle conditions are co.ncluded to be reasonable and the applicant shall meet suc.h requirements as a conditio11 of approval of the ap.plicatioll. c. Decisiol1 an.d 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 wl1ich are herein adopted, it is hereby ord.ered that: 1. The applicant's Preliminary Plat as evidenced by having subluitted the Preli.millary Plat dated August 3, 2004 is .hereby conditionally approved; and 2. The site specific a.nd stalldard conditions of approval are as sllown in Ex.hibit C. D. Notice of Applicable Til~e Lilnits CITY OF MERJ.DIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISIO.N & ORDER CASE NO( S). 04-044 - PAGE 2 Of 4 (.r:..... .. (. I. Notice of Twelve (12) Month Preliminary Plat Duration Please take notice that after the date of approval of the prelilninary plat, the OWl1er or developer shall have one year within which to file the request for approval of the final plat After approval of final plat, the owner or developer shall ]lave one year to begin construction of the public utilities and one year thereafter to cOffi.plete construction of tllose public facilities~ (MCC 12-2-4~B & C~) E. Notice of Final Action and Rig]lt to Regulatory Takings Analysis 1. The Applicant is hereby .notified that pursuant to Idaho Code 67-8003, the Owner Inay req.uest a regulatory taking an.alysis. Such request IUUst .be in writing, and lTIUst be filed with tIle City Clerk 110t more than twenty-eigllt (28) days after tIle final decision concerning the matter at issue. A request for a regulatory takil1gs allalysis will toll tIle tilne 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, pursua.nt to Idaho Code 9 67-6521 all affected person. being a person who .llas an interest in real property which Inay be adversely affected. by the issuance or dellial of the co.nditional use pennit approvallnay within twenty-eight (28) days after tIle date of this decision and order seek a judicial review as provided by Cl1apter 52, Title 67, Ida.ho Code. F. Exhibits Exhibit A: Legal D~scri:ption Exllibit B: Approved Prelilninary .Plat Exhibit C: Preliminary Plat Findil1gs Exhibit D: ,Fillal Conditiol1S of Approval By action of the City Council at its regular tneeting .held on tile /ll~o~ ,2005. 816: day of COUNCIL MEMBER SHAUN WARDLE VOTED COUNCIL MEMBER CHRISTINE DONNELL VOTED COUNCIL MEMBER CHARLIE ROUNTREE VOTED CO.UNCIL MEMBER. KEITH BIR:O VOTED CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). 04-044 - PAGE 3 of4 (... . MAYOR TAMMY de WEERD (TIE BREA.KER) VOT.ED Attest: By: City Clerk Dated: 3 · ( u -05 CITY OF MERlDIAN FINDINGS OF FACT, CONCLUS.lONS OF LAW AND DECISION & ORDER CASE NOeS). 04-044 - PAGE 4 Of 4 EXHIBIT A Verona Subdivision #3 PP-04-044 Approved Site Plan if 11 (Wrlj }t~~~..H.. . '. ,... . <<~'-.'~, . ,1P ...~._.~~, ..., ..,.~~~... 4:10 Irl<~.:fli{!'II' flliJ/. ~~ .. f(~~'> .... "'.. j .. ~~~.~'~:~.. ~~E~... (;~ .,.:....~..:.'.'.,~~1~r;~~r-~. ~r1\~;Ll- ":" ~L~~r :t -- ~ r=~;::~ l~ '. , iF,,!;!! /.7 r " 1 1 ~ ",1 M' < /for. ..} , . , I. ~ -->>~ . ril ;~.' /~ ~'''':-:~''''~ r ~! . '. ~ .;~ ~ .1:;:.; ~ ~ ;.-...,..,<..., :...~ : - ; ~ ., , .: : . __ z:!'.;:t: s'::r:-~,. I: I i f(.> ~ .... L~ I~; !1j ~>~;'!r-':"";~~ :.: :h.::~.r i:O ... t ~4 ~~:"':"...'~if r jd I ! 'I ! I ~ . . ~ . ... .. ,.. ~ ~ ~ t ;~~r11~ .. . ~ ,. n. \:~~:\: - ......- ~'M - .1. ....... .,~.... ~ tIW ~ 'M 411I: " ~ ....010.............. ~~ ....Y:.y;.... .I'~1iiIII: .' ""-" ~:t'.:.' '. ~ ~o#I * ~ ~~.- --.---.r.....! ~..-r~. ~ r~~~~----.-..-.J._1 ~~~~~ ~.;r$t~~_~ .!f ;,;,"":":' ::~::: ::"':.: 0', ........-.::- -................ -.. fIi::IiN. .....:fIr ~ .~ ........ ~ -"":-11.....,." .................. ............. ~..... "IIIIIIF ...............~ ~tIr.t't~ .' .......p,..... ..... IiIi<< ~ -.M':.III ... . ._...... ..... C'1' ~ ........:411I ............:..............~~~ . . . - -. '(Wjo.... '-- ~ t:ttIII: ~ ~ ...... .IItktt ~ ~ ~~:;.;~.~:~~":::~ ~..... ~ ~ ...-.0....... rr::.. ~ ~ ~tI : ~~ ==.r~~ ::rt:-. :. ~~7~::~~ ~ ~~~ t 'f~~~~~ ~R~~ ~x~~ riii"~ I!:~- M ~ JjPr~ith1~ t ~~~-:~ I ~ ~~[ ~[ g ~ill~ PRE (: . EXHIBIT A Verona Subdivison #3 PP-04-044 Legal Description J e c 0 3 0 4 1 2 : '5:-1 Fl I~~ho Surve~ Group ~2~.."""'tJ 884~5399 1 j 1 TIlcnce along said righl~of~\~ay Nortb 82e03 '21'~ \Vest. 311.34 feet; Thence 90, $4 feet along the bre of a curve to the left, having a radius of 827,00 feet .a central.angJe of 6(; J 6}22HI ana a long chord bearing North 85'),11 '32H We5t~ 9050 fcct~ I Thence 50A8 feet along the ~rc of a curve to the right, having a radius of 193.00 fcct~ ;J central angle of 14059"ttO'~, a1d a long chord bearing North 80050109"" West, 50J4 fcct~ 1 Thence 105 -5 5 feel along (h~ arc of a. curve 10 the lefL~ havtng a radius of 3 j 6 .00 feet a centTal angle of I 7~59~57.'i and n long chord bearing North 82'020' 3Tt \Vesr~ 105, ] 2 feet to Ule Point of Beginning. Conta1ni ng 4 65 acres, more or less, I p~3 (': c.....:.. . EXHlBIT C Verona Subdivision #3 RZ-04-044 Required Findings for Preliminary Plat PRELIMINARY PLAT FINDIN.GS AND REQUIREMENTS Sections 12-3-3 J.2 and 12-3-5 D read as follows: "In determining the acceptance of a proposed subdivis.ion~ the Commission/Council shall consider the objectives of this title and at least the following: RoI The conformance of the subdi.vision lvith the Comprehensive Development Plan; Staff fil1ds tllat the req.uested zoning designation is in general cOlnpliance with the effective Comprel1ensive Plan ('02) and the Future Land Use Map, w.hicll designates the land to be "MediulTI .Del1sity ResidentiaL" The proposed office uses witllin the subdivision are permissible under tIle excepted land use provisions of the MCC (12-6- 3~) b. The availability of public services to accommodate the proposed development; Staff finds that this d.eveloptnent will not cause excessive additional requirelnents at public cost. The property to be annexed .may be served. adequately .by all essential public facilities and services. Applicant s11alI be req.uired to extel1d water and sanitary sewer Inains to and through the proposed development, thereby Inaking theln available to the adj~cent properties. c.. The continuity of the proposed development lvith the capital improvement program; Staff finds that the subdivision will not conflict with the capital improvement plan. Because the developer is installing sewer, water, utilities and irrigation, the subdivision will not require the expenditure of capital itnprovement funds. d. The public financial capability of supporting services for the proposed development; Staff finds that the development will not require major expenditures for providing supporting services. See ite.m b. e~ The other health, safety or environmental problems that may be brought to the CommissioIl'S a tte]ltion~ Staff finds that there should not be any other health, safety or environmental problems associated with this subdivision that should be brought to the Councilor Commission's attention. ACHD considers road safety issues in their analysis. No hazardous natural features have been identified on the site~ ~( \ EXHIBIT D Verona Subdivision #3 PP-04-044 Site Specific and Standard Comments SPECIA.L CONSIDERATIONS-PRELIMINARY PLAT TIle applicant shall maintain cOlnpliance with existil1g develo.plnel1t agreelnent for Verona Subdivision, AZ-03-005/CUP-03-007 and all ~.pplicable conditions of approval for the co.mmerciallots. PR.E.LIMINARY PLAT SITE SPECIFIC COMMENTS 1. Prior to occupancy of tIle first structure, tIle applicallt shall rezone the subject property to L-O. 2. Sanitary sewer service to this site will be froln service line extensions froln existing and proposed maills adjacent to the project. Subdivision designer to coordinate service sizing and routing witl1 the Public W.orks Departlne.nt. Applicant shall execute City of Meridian stal1dard fonus of easements, for any Inains that are required to provide service. This develoPluent shall be subject to latecolner fees, to reiluburse those res.ponsible for bringing sanitary sewer service to the area.. Latecomer's fees s]lall be due an.d payable prior to signature on tIle final plat for eac.h pllase. 3. Water service to this site will be froIn luain line extensiOl1s froIn existing water Inains in .W. Milan.o Drive, and N. Cortona Way. The applical1t will be responsible to construct water luains to and througl1 this pro.posed developlnent. Subdivision designer to coordinate Inain sizil1g al1d routing with the Public Works Departlnent Applicant shall execute City of Meridian standard fonus of easelnellts, for an.y tnains that are required to .provide service. 4. Per MCC 12-13-10-4, construct a luinilTIUm 35-foot wide street buffer along Ten- Mile Road and a 20-foot wide street buffer alol1g Mila.no Drive and a 10-foot wide street buffer along Cortana Way. All required street buffers shall be located beyolld any future :righ.t-of-way~ Show easements for all required buffers on tIle final plat. The Ventan Business Association shall mail1tain all required landscape buffers. 5. Alllal1dscape buffers shall be C011stru.cted prior to the issuance of any Certificate of Occupancy within tIle subdiv.i.sio.n. t. '\~ "":"" """" 6. A perpetual vehic.ular cross access easement sllall be provided to all lots within tIle subdivision. Said cross access shall be de.picted on the final .plat for Verona NOK 3. 7. A detailed fencing and landscape plan, in cOlnpliance with. MCC 12-13, shall be suhlnitted with the final plat ap:pl:ication. 8. Any tree over 4" in caliper that is relTIoved froln the property sllall be re.placed by installing additional trees, being the equivalent n.umber of caliper il1clles of trees that were relTIoved, unless deemed .unnecessary by the City Arborist per Ordinallce 12-13-13. Required landscaping trees will 110t be considered as replacelnellt trees for those trees that have to be relTIoved. The applicant shall submit a tree removal/preservation plan at least 10 days prior to the City Co.uncil hearing. 9. A drainage plal1 designed by a State of Ida.ho licensed architect or engineer is required and shall be submitted to the City El1gineer (Ord. 557, lO~1-91) for all off-street parking areas. Stann water treattnent and dis.posal must be designed in accordance witll Departlnent of Environlnelltal Qu.ality 1997 pu.blicatiol1 Catalog of Stann .Water Best Management Practices for Ida.ho Cities and Counties and City of Meridian standards and policies~ Off-site disposal .il1tO a surface water is .prollibited unless the jurisdiction which has authority over tIle receiving stream provides written authorization prior to developtnent .plan approval. The applical1t is responsible for filing all necessary applications witll the Idaho Department of Water Resources regarding Shallow Injection Wells. 10. AllY drainage areas (detel1tiolllretention basins) luust be designed to ensure that water will .percolate or discharge within a .period of tilne not to exceed 24 110urs for all stonns up to and includ.il1g a 1 DO-year stann eve.nt. Side sIo.pes within drainage areas sllallllot exceed 3: 1. 11. TIle applicant has indicated that Settlers Irrigation District will own alld luaintain the pressure irrigatiol1 systelTI within this developtne.nt. The City of Meridia.n req.uires that pressurized irrigation systems be supplied by a year-round source of water~ If a creek or well source is not available, a single-poillt connection to tIle .nlul1icipal water syste.m sllall .be required. If a single-point conn.ection is utilized, the developer s.hall be responsible for the paymel1t of asseSSlnents for the COlnmon areas prior to signature 011 tIle final plat by tIle Meridian City El1gineer. PR.ELIMINARY PLAT GENERAL REQUIREMENTS 1. Sublnit letter froIn the Ada County Street N.alne COlnmittee, approving tIle subdivision and street naInes. Make any corrections necessary to confonn. 2. Coordil1ate fire l1ydral1t .placement witll tIle City of Meridian Public .Warks Department (. :. /:" " { " ~~" "" 3. Assessment fees for water and sewer service are determined during the building plan review process. 4. Two-hundred-fifty-watt, high-pressure sodiulTI streetlights will be required at locations designated by the Public .Warks DepartInen.t All streetlights shall be installed at subdivider's expense~ Typical locations are at street itltersections and/or fire l1ydrants. 5. Ul1derground, year-ro.und pressurized irrigatio.n must be provided to alllal1dscape areas on site. Please submit hook-u.p and design details based on the .proposed landscaping. Due to the size of landscaped area, priluary water supply connection to the City's mains will not be allowed. Applicant shall .be required to utilize any existil1g surface or well water for the pritnary source. 6. .AII. irrigation ditcl1es, laterals or canals, exclusive of natural waterways, il1tersecting, crossing or lying adjacent and contiguous to the area being su.bdivided shall be tiled per City Ordinance 12-4-13. TIle ditches to .be piped SllOU.ld be ShOWl1 on the site plans. Plans will need to be approved by tIle appropriate irrigation/drainage jurisdiction, or lateral users association, with written confirmation of said ap:proval SU.bluitted. to tIle Public .Wor.ks Departmel1t. 7. Show all existing and pro:posed easements for irrigation/drainage facilities located within the boundaries of tllis proposed developmellt 8~ Any existing doinestic wells and/or septic systems within this project will have to .be rel110ved froIn their d.omestic service per City Ordillance Section 9-1-4 and 9-4-8. Wells Inay be used for non-d.omestic p.u~poses such as landscape irrigation. 9. Provide five-foot-wide sidewalks tlu-oughout developlne.nt in accordance with City Ordinance. 10. All COllstluction shall confonn to tIle requirelnents of the Amelicans with Disabilities Act FIRE DEPARTMENT CONDITIONS 1. Acceptance of tIle water su:pply for fire protection will .be by the Meridian Fire Departlnent and water quality by th.e Meridian .Water Departlne.nt for bacteria testing. 2. :Final Approval of tIle fire l1ydrant locations shall be by the Meridian Fire Depal11nent. a. Fire Hydrants sllall have the 4 12" outlet face the tnain street or parl<ing lot aisle. .;... . c.... ... / ( ( b. T.he Fire hydrant shall not face a street whicl1 does not have addresses on it. c~ Fire hydra!lt Inarkers shall be provided .per Public Works spec. d. Locations witll fire hydrants sllall have the curb painted red 10' to each side of the hydral1t location. e~ Fire Hydrants shall be placed on COIners. f. Fire Hydrants shall not 11ave any vertical obstru.ctions to outlets within 10'. g. Fire Hydral1ts shall be :placed 18" above finish grade. 3. Provide a 20' wide Fire Lane for aU jntcnml & extell1al roadways. 4. For all Fire Lanes~ paint the curb red and provide signagc ~~No Parking~ Fire L1.nc"~. 5~ Operatio.nal fire hydrants and tem.porary or .pennal1el1t street SIgnS are required before cOlnbustible constructio.n .begins. 6.. COlTIlnercial and office occupallcies will require a fire-flow consiste.nt witl1 the International .Fire Code to service the proposed .project Fire hydrants sllall be placed per Appelldix D. 7. The proposed 6-10t subdivision will have an unknown transient pop.ulatiol1 and will l1ave an unknown ill.pact Meridian Fire Departtnent call volumes. The Me.ridial1 Fire Department has experienced 2397 responses :in. 2003. According to a report cOlnpleted by Fire & Elnergel1cy Services Consulting Group in February of 2000 our requests for service are proj ected to reacll 2800 in the year 2005 and 3800 by tIle year 20 1 0 ~ 8. Maintain a separation of 5' fiolTI the building to tIle dumpster enclosure. 9. Provide a Knockbox el1try system for tIle cOlnplex :prior to occupancy. 1. o. The applicant sIlalI work with city staff to provide and address identification plan incl uding a pylon/monuluent sign at tile required intersections~ 11 ~ All processes & storage practices shall .be required to cOlnply with the Intematiol1al Fire Code~ 12. All portions of the buildings located on tJns project must be wit11in 150' of a .paved surface as measured. around the peritneter of tIle building. 13. Provide exterior egress lightitlg as required by the Interl1ational Building & Fire Codes. 14. Where a POrtiOll of tIle facility or buildiIlg l1ereafter constructed or moved i.nto or within th.e jurisdiction is more tllan. 400 feet (122 In) froln a hydrant 011 a fire apparatus access road, as lueasured by an approved route around the exterior of the facility or b.uilding, oIl-site fire hydrants and mains sllall be provided where required by the code officiaL For buildings equipped throughout with an approved automatic {~....... ( sp.rinkler system installed in accordance with Section 903.3.1.1 or 903.3. 1.2 the distance requirelnent shall be 600 feet (183). a. For Grou.p R-3 and Group U occu.pancies, tIle distance requiremel1t shall be 600 feet (183 lU). b. For bu-ildings equipped throughout with an ~pproved auto.1natic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1 ~2, the distance requirelnent shall be 600 feet (183 In). 15. Th.ere s11alI be a fire llydra.nt within 100' of all fire departmel1t connectio.ns. 16. Buildings over 30' in height are required to have 26' wide access roads In accordance witl1 Appendix D Section DI05. SANITARY SERVICES CONDITIONS 1. Please contact .Bill Gregory at sse (888-3999) for detailed review of your proposal and subtuit starn.ped (ap.proved) :plans with your certificate of zoning compliance applicatio.n. ( f~. t". MERIDIAN CITY COUNCIL MEETING APPLICANT March 8, 2005 ITEM NO. 5-D REQUEST Storey Park Phase II Construction Change Order No.4 for Removal and Replacement of Soft Areas: AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY A TIORNEY 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 Memo vuz/ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Mertdlan~ To: Cc: From: Date: Re: (. .... :... (~.:::..-.. .... . RECEIVED MAR - 3 2005 Mayor de Weerd I City Council Will Berg March 2,2005 Storey Park Phase II Construction Change Order City of Meridian City Clerk Office ~ The Park Staff is requesting approval of a change order to be added to the consent agenda at your March 08f 2005 meeting. Supporting documentation is attached. Chanae Order #4- Amount $71179.00 - (Attachment) The change order is for the removal and replacement of soft areas as directed by Materials Testing & Inspection (MTI). The total quantity of pit run required was approximately 433.28 c.y. and approximately 1 ,237.50 s.y. of stabilization fabric. The cost to make this change is $7 7 179.00. TOTAL AMOUNT OF CHANGE ORDERS: $7,179.00 (...... (.. . Telephone: 888-7988 Fax: 888-5020 P.o. Box 395t Meridian Idaho 83680 Idaho P.W. #12145-AAA-2-4(43) Oregon CCB #: 137240 February 22, 2005 City of Meridian-Parks & Rec Attn: Elroy Huff 11 W Bower Street Meridian, IdaIl0 83642 Re: Storey Park Upgrades Phase II American Paving Co.. Job # 1445 The following is a request for change order as :per the enclosed T &M invoices #4458, 4460 & 4462 for removal and replacement of soft areas as directed by MTI. Total quantity of pit run required was a:pprox 433.28 cy and ap.prox 1 ,237.50 sy of stabilization fabric, for a total of $7, 179.00. Total request for change order (add) ...~. ............." ..... ........................ ..u...................... $7, 179.00 Feel free to contact our office should you have any questions or concerns. Sincerely, American Paving Co. Terry Lutz Vice President TL/tk I 445-rco-r&r t&ms Date. -1- 7'-(]fi RD. Box 395 · Meridian, 10 83680 · Phone: (208) 888-7988 Fax: (208) 888-5020 Job #~<)j7)(?e ~ 17R f?kr+-,J-JJt~TIME AND MATERIALS INVOICE J.; ~ PHONE #: N~ 4458 Hrs/Tons/Yds Unit Price Cost LABOR: EQUIPMENT: MATERIALS: ~ 2,&00 ~ TERMS 4\> 2 hoo ~ t-- . Date::; 9t"}(} .-o~ RD. Box 395 · Meridian, 10 83680 Phone: (208) 888-7988 Fax: (208) 888-5020 TIME AND MATERIALS INVOICE N~ 4460 PHONE #: Hrs/Tons/Yds Unit Price Cost LABOR: EQUIPMENT: MATERIALS: * \5.- ~2.S7r - 1f> 7s3~ r Representative :::~ \. ~~S3L ~ ) ~~ ~~ TERMS (- .... Date: RD. Box 395 · Meridian, ID 83680 Phone: (208) 888-7988 Fax: (208) 888-5020 TIME AND MATERIALS INVOICE PHONE #: PD rfi!!~ ;,)00;:2 ~~ / 4462 ~ Job # f)7()q€'~~ V6T{4K )~J1~ Hrs/Tons/Yds Unit Price Cost LABOR: EQUIPMENT: MATERIALS: \3 - ;~ '.2~S 4P tfS3. ~ * 7C/o/. - Representat ive t/)~ TOTAL COST ~) 2 tj 2 ~ 1 --rz.;- TERMS ( MERIDIAN CITY COUNCIL MEETING APPLICANT March 8, 2005 ITEM NO. 5-E REQUEST Agreement for Ustick Widening Project - Design of Water and Sewer by Quadrant 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: OTH ER: See attached Memo Contacted: Emailed: Date: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. Phone: c........ (.'.. . :.; . . .. . . . .. :.. ..... .:.. . .... .. ... .......: . .: . ......: .. .... . . . . . . ... . .... ..... .. ... ..:. ..... :... City. of Meridia.i1.:. ... ::.;.. .... ... .. ... . . . . . . . :...: .Public ..~o~s ...[J.e.~t....:.... .: :.. . ~R E: (:~~:; ]~ ,J.. "TE~ 1=) MAR 0 3 2005 Citv Of I\leridiall City (~lerl( Office To: William Berg, Jr. From: Lenard Grady CC: Brad Watson Date: 3/3/2005 Re: Proposed Agenda Items for March 8f 2005 City Council Meeting The Public Works Department respectfully requests the following item(s) be placed on the March 8 City Council consent agenda: Ustick Wideninq Proiect - Design of Water & Sewer bv Quadrant: Attached is a contract with Quadrant for design of water and sewer on Ustick and Eagle. Quadrant is designing the widening project and it is anticipated that we will bid the water and sewer as part of that project. Recommended Council Action: The Public Works Department recommends that City Council approve the Agreement with Quadrant Consulting for design of water and sewer on the Ustick Widening Project for 11 ,950.00 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. FrolTI tile desk of. .. Lenard Grady Staff Engineer Meridian Public Works Department 660 E. Wa terto\vcr, Suite 200 Meridian, Tdal10 83642 . page 1 (208) 898-5500 Fax; (208) 898-9551 grndy]@meridiancityoorg ( WORK AUTHORIZATION .. .. Quadrant Con s u ) tin gi J n c. Number: 253-03 Date: February 23, 2005 Client Name: City of Meridian Address: 660 East Watertower. Suite 200 M erirli~n J Tn R1 Billing Address (If different from above): Telephone: 898-5500 Fax: R98-9551 Client Contact Person: Mr. Bruce D. Stuart Project Name: TT.c;:ti~k "RO:::lO S~w~r ::lnn W ;:)t~r Rxt~n~ion Services to be Performed: Complete design plans to extend an existing 10" sewer main in Ustick Road, approximately 1,000 feet to the east. Existing sewer main currently end.s approximately 325' east of Eagle Road. Design plans will include up to three services to property on the south side of Ustick. The sewer will be desi~ned as part of the Ustick Road improvement project and accordine to City of Meridian standards. Complete desi~n plans for approximately 125 feet of new water main~ extending from the existin2: 12" main along the east side of Eagle Road. Proposed improvements are conceptually shown on Exhibit A. Method of Payment: Client agrees to pay Quadrant Consulting for services performed on the basis of: 00 A lump sum fee of $ 11 ~950~OO 0 Other $ o Salary cost times a factor plus incurred expenses as set" forth in uQuadrant Consulting Standard Fee Schedule, n attached hereto. Estimated maximum fee $ o Salary cost times a factor plus incurred expenses as set forth in uQuadrant Consulting Standard Fee Schedule, tl attached hereto, not to exceed $ D For extra work~ salary cost times a factor plus incurred expenses as set forth in uQuadrant Consulting Standard Fee Schedule, n attached hereto. TIle general understandings applicable to this Wark Authorization are set forth in the Standard Provisions attached and are made a part hereof. This Work Authorization) together with attached referenced exhibits, represent the entire understanding between Client and Quadrant Consulting and can only be modified by duly executed written instrument. QUADRANT CONSULTING, INC. Accepted: By: By: Title: 71- / JIl gea I Title: 405 S. 8th street SteL 295 · Boise, 10 83702 · Phone (2GB) 342-0091 · FOX (208) 342-0092 · internet: quodrant@quodrant.cc rivil J:nninp~rinn . "lrvP\/inn . r (')n<:trf Irti()n "^nnnr1prnpnt ( {~~ .. .. Quadrant QUADRANT CONSULTING STANDARD PROVISIONS Con sui tin g, Inc. l~ Period of Service: Quadrant Consulting (QC) will commence work within ten days of receipt by QC of the executed Agreement and will proceed with said work in a diligent manner to completion. QC will not be responsible for delays caused by factors beyond QC's control and will not be responsible for delays caused by factors which could not reasonably have been foreseen at the time this Agreement was executed. 2. Terms of Payment: Fees for Services will be billed monthly based on the actual services completed. CLIENT shall make prompt monthly payments in response to QC1s monthly invoices. If CLIENT objects to any invoice submitted by QC, CLIENT shall so advise QC in writing, giving reasons rherefore, within founeen days of the date on said invoice. If CLIENT fails to make any payment due QC for services and expenses within thirty days of the date on the invoice therefore~ the amounts not paid will be considered past due~ A delinquency charge of 1-1/2% per month shall be added to the past due amount, and in addition, QC may suspend services under this Agreementt without liability for delay or for consequential or other damages which may result therefrom, upon delivery of written notice of its intention thereof. If invoices remain outstanding past sixty days, QC shall pursue legal and equitable means to collect the outstanding balance. CLIENT agrees to pay all reasonable 3norneyts fees, court costs and collection fees incurred by QC in the collection thereof, 3. Payments in Event of Termination: In the event this ~greement is terminated, QC wi] 1 be compensated for services performed under this Agreement to the date of termination in accordance with the above provisions ofpaymenCi to QC~ If this Agreement is terminated by CLIENT, QC will also be compensated for all reasonable costs and expenses incurred to assemble and close project files and records. 4. Opinions of Cost: Since QC has no control over the cost of labor to materials, equipment or services furnished by others t or over contractors I methods of determining prices, or other competitive bidding or market conditions, QC.s opinions of probable Project or construction costs are to be made on the basis of QCts experience and qualifications and represent QC. s judgement as an experienced and qualified profess ional engineer f familiar with the construction industry; but QC cannot and does not guarantee that proposals ~ bids or actu al Project or construction costs will not vary from opinions of probable costs prepared by QC. S. Standard of Performance: QC shall perform its services in accordance with generally accepted standards presently maintained by other practicing professionals engaged in the same type of work in the general location of the project. Q C makes no other warranty, expressed or implied. 6. Construction and Safety: QC shall not have authority over or responsibility for the means, methods, techniques, sequences or procedures ofconsnuction selected by Contractor(s); for safety precautions and programs incident to the work of Contractor(s); or for any failure of Contractor(s) to comply with lawst rules, regulations, ordinances, codes or orders applicable to Contraclor(s) furnishing and performing their work. 7 · Reuse of Documents: All documents t including drawings and specifications, prepared by QC pursuant to this Agreement shall remain the prop~rty of QC and are instruments of service in respect of the Project. They are not intended or represented to be suitable for reuse by CLIENT or others on extensions of the services provided for the intended Projector on any other project Any reuse without written verification or adaptation by QC for the specific purpose intended will be at CLIENT's sole risk and without liability or legal exposure to QC; and CLIENT shall indemnify and hold harmless QC from all claimst damages~ losses and expenses, including attorneysl fees arising out of or resulting therefrom. Any such verification or adaptation will entitle QC to further compensation at rates to be agreed upon by CLIENT and QC. 8. Electronic Media Delivery: It is recognized that the CLIENT maYi from time to time, request the delivery of and receive copies of drawings on computer disks and/or magnetic tapes. The original discs and/or magnetic tapes will be retained by QC. The information on the electronic media is considered part ofQC1s instromentof service and shaH not be used on other projects, for additions to this project, or for completion of this project by another design professional except by agreement in writing and with appropriate compensation to QC. W Any such use or reuse by the CLIENT or otherst without written verification or CADD adaptation by QC for the specific purpose intended will be at the CLIENTrs sole risk and without liability or legal exposure to QC. Furthermoret the CLIENT shallt to the fullest extent permitted by law, indemnify and hold harmless QC from all claims arising out of or resulting therefrom. Due to the potential that the information set forth on the computer discs and/or magnetic tapes can be modified by the CLIENT, unintentionally or otherwiset QC reserves the right to remove all reference to its ownership and/or involvement from each electronic dispJay~ The CLIENT shall be responsible for determining the compatibiJ ity of QC t s fil es with the CLIENTt s software. QC makes no warranty as to the compatibility of it I s files with the CLIENT. s sofuvare.. Because data stored on electronic media can deteriorate undetected t the CLIENT agrees that QC cannot be held liable for the completeness or correctness of the electronic data after an acceptance period of 30 days from the date of delivery of the electronic files. 9. Limitation of Liability: Any and allliabiIityt claim for damagest cost of defense, or expenses to be levied against QC will be limited to a sum not to exceed Fifty Thousand Dollars ($50,000.00) or the amount of its fee., whichever is greater~ on account of any injury or damage to persons or property or arising Ollt of any design defect.. error, omissioot or professional negligence. Further, the CLIENT agrees to notify any contractor or subcontractor who may perform work in connection with or making use of any design, report~ or smdy prepared by QC of such limitation of I ia bi] ity and require as a condition precedent to its performing the work a like I imitation of liability on their part as against QC. In the event the CLIENT fails to obtain a like limitation of liability provision as to injury or damage to persons or propertyf design defectst errors, omissions~ or professional negligence, any liability of QC and/or the CLIENT to such contractor or subcontractor arising out of alleged injury or damage to persons or propertyt design defects, errors, omissionst or professional negligence shaH be allocated between the CLIENT and QC in such a manner that the aggregate liability of QC shall not exceed Fifty Thousand Dollars ($50,000.00) or the amount of its feet whichever is greater. 10. Termination: Either party may terminate this Agreement at any time upon seven days r prior written notice to the other. 11. Attorneyts Fees and Expenses: In the event suit or action is instituted to enforce any of the terms or conditions of this Agreemeot1 the losing party shall pay to the prevailing party, in addition to the COSts and disbursements allowed by statutes, such sum as the court may adjudge reasonable as attorney's fees in such suitor action, in both trial court and appellate courrs. 12. Waiver: No waiver of a breach of any covenant~ term or condition of this Agreement shaH be a waiver of any other or subsequent breach of the same or any other covenant, term or condjtion or a wai ver of the covenantt term or condition itself. 13. Controlling La,v, Jurisdiction and Venue: This Agreement shall be governed by the Jaws of the State of Idaho. Jurisdiction and venue of any dispute hereunder shall be in Ada County, State of Idaho ~ 146 Successors and Assigns: The covenantst agreements and obligations of this Agreement shall extend to and be binding upon and inure to the benefit of the partnerst heirs, personal representatives and assigns of the parties hereto. Neither CLIENT nor QC shall assign, sublet or transfer any rights under or interest in this Agreement without the written consent of the orner. Nothing contained in this paragraph shaH prevent QC from employing~ with prior written consent of CLIENT, such independent professional associates and consultants as QC may deem appropriate to assist in the performance of services hereunder. QUADRANT ONSULTING, INC~ CLillNT= Date: 3 ~:5 OS Ini[ial: lni tial : Date: ()r \.v A ~O, :\tt d c: m >< :I: --- co =i )> -C)-on ~r~~ ;-t~~r ~;UQo l.o.l -t )>. .. ?ci >~l~ ~ . o o ~ o ~ o lO 9 en \. " ~ (.~ .......~ ~.~~ ...... . ~ ... c. // t.~ V -L181HX3 ......... ':..- f 1 ~ i f / ! j t II f B~ lj f t ~ : j 1 ~ ~ 1 ~ ~ i , K , ~~..... It~~l~~~r i i: ; I .~s~., r. 5 J.~~~ ..... ~ ~ ~ ,/" .~:"I f-.~ . ~ ~ .'; 9 ~ ~ l ~ ! ~ ...,. ~'" le-z.\ ~n;tIllll.^N - ~u .....: + OOt09~ Z6~S'Z :~ ~ ~OO.t~ 6Z. ~ 1+;; :>d/:>81 OO+t~ ~l3SJ Z. L L+~Z ;VJ..~ K~IIi""Na I drC ~;~ I ~r ~ '\ \~ \ ~~ i1'\ OS.~ I ~ a~ .~~9Z;~~~fl V~\~TI :Y1S \ cV:; :>>v~e } ~..1 \ \ g.N~ I I · ~ ~i i t~ ~ , 0'0 :l3S.;l~ I o +SL+SZ :Y.LS , J , ; i I II --.._._~~~ =----H----f, ~ \.., OS.l ~1 --- tiS ...........---.----- ::is ~'I OO.Z: [ ~'__nH- --J-M OS'~l a;.g ~=~---~ ===~~_-lit'. .-- _~ ~ ~,._'!!.l ',,, ~ ---- ~.. ~ '"... '- ::.~+ 6- __'-'- · ................."'" ....... ~I ~ '"" ~ ~ .... ~1 \ ~( -r...... L-'" :!'S t" if.: ~ f , t ~ , r I ~ g t ~ !~ ~ ~ f ~ ~ I f f I. ~ I , J r 1 I , J I J + eo~......"Ntl.J dnj ..,t \ -0- + MERIDIAN CITY COUNCil MEETING APPLICANT March 8, 2005 ITEM NO. 5-F REQUEST Streetlight Agreement for Sutherland Farm No.3 by Great Sky Inc. AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY fiRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HJGHW A Y DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SErrlERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDII\N POST OFfICE: OTH ER: See attached Memo ~ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public mee"ng! shall become property of the City of Meridian. City of Meridian Public Works Dept. To: Mayor de Weerd & City Council From: Karia Glenn cc: File Date: 3/2/2005 Re: Proposed Agenda Items for 3/8/05 City Council Meeting The Public Works Department respectfully requests that the following items be placed on the 3/8/05 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Streetlight Agreement for Sutherland Farm #3 by Great Sky Inc. Typical Streetlight Agreement. Recommended Council Action: Approve the Streetlight Agreement for Sutherland Farm #3 by Great Sky Inc and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. . page 1 Feb. 8.2005 5:05PM (-:... :.. . No.9822 p~ 2 (:.. STREET LIGHT AGREEMENT l This Street Light Agreement is made and entered into between the CITY OF :MERIDIAN and Great Sky Inc~jI pertaining to the street lights in SutherLand Farm Phase 3, a residential development in Meridian, Idaho. For good and valuable consideration, the receipt of which is hereby acknowledgetl the parties agree as follows: 1. Great Sky Inc9 has provided gea sin~e head and 2ea doul?le head street light pole8~ concrete pole bases, fi1d:ures:, bulbs, and components to the residential development known as Sutherland Farm phase 3 in Meridia~ Idaho. The parties acknowledge that the 9ea single head and .2ea dOUbl~ head .street light poles and appurtenances were specially ordered items, not customarily used in residential de~elopments in Meridian, Idaho. 2. Great Sky Inc., or it's assign~ agree to replace, repair and provide any required maintenance of any of the above mentioned street lights, and/or appurtenances thereot: that may hereafter- be broken, damaged, or deteriorated, or require maintenance~ at its own expense; and it is further agreed that Great Sky Inc, or its heirs, successors and assigns, shall keep the lights operational at all times,. it being understood by the City that bulbs, and/or ballast, do bum out and that the City will allow reasonable time to replace them, 3 ~ It is agreed that the City of Meridian authorize and pay for the electrical service to be supplied to the 9W ~ingle head and 2ea doubl~ head street lights located in. Sutherland Fann Sub~ #3 in the usual and Customary maruier.. 44 It is agreed that the City of Meridi~ because Idaho Power Company will not maintain the bulbs and ballast or provide any maintenance, will enter into a Scbedule 40 Agreement with Idaho Power Company, and not a Schedule 41 Agreement, which in proper cases provide that Idaho Power Company would provide maintenance, bulb~ and baIlast+ It is also agreed that lighting served under the Schedule 40 Agreement must be controlled by a photo electric device of the "fail off' type. 5. It is understood and agreed that Great Sky Inc. will assign its rights and obligations hereunder to Sutherland Farm H>>O.A~ when said Homeowners Association is formed and operational. STREET LIGHT AGREEMENT page I Feb, 8. 2005 5:06PM No~9822 p. 3 c This AGREEMENT shall be .binding on Great Sky Inc. its heirs1 successors and assigns> and the CITY OF MERIDIAN~ Dated this day of_ ~ 20 CITY OF :MERIDIAN, a municipality and Political subdivision of the State of Idaho By Mayor DeWeerd. ATTEST: William G. Berg, Jt r, City Clerk Great Sky Inc~ By President ATTEST: Secretary STREET LIGHT AGREEMENT Page 2 Feb. 8~ 2005 5:06PM NOt9822 p. 4 STATE OF IDAHO, ) : SS~ County of A~ ) On this __ day of . 20 --' before me, the undersigned, a Notary Public in and for said State, personally appeared Mayor DEWEERD, and WllLJAM G~ BERG, JR.) known to me to be the Mayor and City Clerk of the CITY OF I\ffiRIDIAN, 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 wrlttenp SEAL NOTARY PUBUC FOR IDAHO RESIDING AT MY CO:M:MISSION EXPIRES STATE OF ,) County of ,) On this L day of c" I-f 20~ before me~ the undersigned, a Notary Public in and for said State,. personally appeared iV'dc/c4.- ~ ~. and mown to me to be the President and Secretary of Great Sky Inc., and who executed the within instnunent on behalf of said corporation, and acknowledged to me that said corporation executed the same. : ss. lNWITNESS WHEREOF, I ha-ve hereunto set my hand and affixed my official seal the day and year first above written. SEAL STREET LIGHT AGREEMENT page 3 (. MERIDIAN CITY COUNCIL MEETING APPLICANT March 8, 2005 ITEM NO. 6-A-l REQUEST Department Reports - Mayors Office - Proclamation for Girl Scouts AGENCY COMMENTS CITY CLERK: See attached Proclamaflon 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: Vt Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings Shall become property of the City of Meridian. C." .. ; !; E~. (, . :. I an ..~~.:;~ ~I ~/ .lY / IDAHO The Office of the Mayor PROCLAMA TION WHEREAS, SaturdaYJ March12, 2005, marks the 93rd anniversary of Girl Scouts of the USA, founded by Juliette Gordon Low in 1912 in Savannah, Georgia; and WHEREAS, throughout its long and distinguished history, Girl Scouting has inspired millions of girls and women with the highest ideals of character, conduct, and patriotism; and WHEREAS, through Girl Scouting. girls grow strong, gain self-confidence and leadership skills, and learn the lifelong lesson of contributing to their communities; and WHEREAS, Girl Scouting takes an active role in increasing girls' awareness of the opportunities available to them today in math) scienceJ sports, technology and other fields that can expand their horizons; and WHEREAS, more than 3.8 million current Girl Scout members nationwide will be celebrating 93 years of this American tradition, with nearly 50 million women who are former Girl Scouts and living proof of the impact of this amazing Movement; THEREFORE, I, Tammy de Weerd, Mayor of the City of Meridian. do hereby applaud the commitment Girl Scouting has made to America's girls and proudly proclaim the week of March 6M012, 2005J Girl Scout Week in recognition for its value to the qommunity of Meridian. ./--- ,.... ~\ /-' .--- Date~ this 8th day of March, 2005~ ............ '...... --------- Tammy de Weerd, Mayor Shaun Wardle, City Council Keith Bird, City Council Charlie Rountree, City Council Christine Donnell, City Council Girl Scout Week Proclamation - 2005 WHEREAS, Saturday, March 12,2005, marks the 93rd anniversary of Girt Scouts of the USA, founded by Juliette Gordon Low in 1912 in Savannah, Georgia; and, WHEREAS, throughout its long and distinguished history, Girl Scouting has inspired millions of girls and women with the highest ideals of characterJ conduct, and patriotism; and, WHEREAS, through Girl Scouting girls grow strong, gain self-confidence and leadership skills, and learn the lifelong lesson of contributing to their communities; and, WHEREAS, Girl Scouting takes an active role in increasing girls' awareness of the opportunities available to them today in math, science, sports, technology and other fields that can expand their horizons; andl WHEREAS, more than 3.8 million current Girl Scout members nationwide will be celebrating 93 years of this American tradition, with nearly 50 million women who are former Girl Scouts and living proof of the impact of this amazing Movement; NOW, THEREFORE~ I (name of mayor, etc.)) by virtue of the authority vested in me as mayor of (name of municipalitv), do hereby applaud the commitment Girl Scouting has made to America's girls and proudly proclaim the week of March 6 -12, 2005 as Girl Scout Week. ~ I. /L... v~ Media Services January 2005 I J !- /-... l f{" [ (fA) .. ~v.:J"?- \ G-/V\.. 11 V\ l\ Of' ,. '.v lV, 1,-/ rt: lV~.'c ij 1 Page 1 of 1 .(. -::~ Will Berg From: Peggy Gardner Sent: Monday, February 14,200512:08 PM To: Will Berg Subject: FW: Would you like to prepare this Proclamation? Peggy -.........Original Message.......- From: Martha Snyder [mailto: martha@girlscouts-ssc.org] Sent: Monday, February 14, 2005 11:05 AM To: Peggy Gardner Subject: FW: --M.....Original Message----- from: Martha Snyder Sent: Monday, February 14, 2005 11:00 AM To: Itosborn@cityofeagle.gov' Subject: FW: Peggy: I am forwarding to you the Girl Scout proclamation document Girl Scout week is March 6 and we would appreciate if the Mayor will proclaim this week as Girl Scout week~ This is the document that we have given to other Mayors around the area. Please let me know if you have any further questions.. I can be reached at 377- 2011 Ext.. 107 or email address msnyder@girlscouts-ssc. 0 rg Thank you, Martha Snyder Membership Specialist Girl Scouts of Silver Sage Council 2/14/2005 (.... (....... :~.~(. ~ .. ..,... .... e.~1 . Ian jj.< ../ . ~~~,j ~:~~. ..../~ \=: j \~ ) ~~ I: ~ (:I/I~Y' ()r \:\:-(~. I I~.) ~.^\H() The Office of the Mayor PROCLAMA liON WHEREAS, SaturdaYt March12, 2005, marks the 93rd anniversary of Girl Scouts of the USAf founded by Juliette Gordon Low in 1912 in Savannahl Georgia; and WHEREAS, throughout its long and distinguished history, Girl Scouting has inspired millions of girls and women with the highest ideals of character, conduct, and patriotism; and WHEREAS, through Girl Scouting, girls grow strong, gain self-confidence and leadership skills>> and learn the lifelong lesson of contributing to their communities; and WHEREAS, Girl Scouting takes an active role in increasing girls' awareness of the opportunities available to them today in math, science, sports, technology and other fields that can expand their horizons; and WHEREAS, more than 3.8 million current Girl Scout members nationwide will be celebrating 93 years of this American tradition, with nearly 50 million women who are former Girl Scouts and living proof of the impact of this amazing Movement; THEREFORE, It Tammy de Weerd, Mayor of the City of Meridian, do .hereby applaud the commitment Girl Scouting has made to America's girls and proudly proclaim the week of March 6-12,2005, Girl Scout Week in recognition for its value to the community of Meridian. ------==-~-,.~~....-. . _. _.. ...-'~... , ~ f ~ ': ..'. .1.,:. Dated this 8th day of March, 2005. ?J Tammy tie er4Ma}LOL-- Shaun rdle, City Council Keith Bird, City Council Charlie Rountree, City Council Christine Donnell, City Council r,"-:...~....... ) ,__ ~~r ('...... .. c ( : J ~ l.l~ (: .l f~ ~.-:... .. 0- J an ~i:J~"jl ...... "!. ....-;. ~ i\ \~.\~ I 1...) ~~\H () ,! \i j./ l:( The Office of the Mayor PROCLAMA liON WHEREAS, Saturday, March12, 2005, marks the 93rd anniversary of Girl Scouts of the USA, founded by Juliette Gordon Low in 1912 in Savannah, Georgia; and WHEREAS, throughout its long and distinguished history. Girl Scouting has inspired millions of girls and women with the highest ideals of character, conduct, and patriotism; and WHEREAS, through Girl Scouting, girls grow strong, gain self-confidence and leadership skills, and learn the lifelong lesson of contributing to their communities; and WHEREAS, Girl Scouting takes an active role in increasing girls' awareness of the opportunities available to them today in math, science, sports, technology and other fields that can expand their horizons; and WHEREAS, more than 3_8 million current Girl Scout members nationwide will be celebrating 93 years of this American tradition, with nearly 50 million women who are former Girl Scouts and living proof of the impact of this amazing Movement; THEREFORE, It Tammy de Weerd, Mayor of the City of Meridian, do .hereby applaud the commitment Girl Scouting has made to America's girls and proudly proclaim the week of March 6-12.20051 Girl Scout Week in recognition for its value to the community of Meridian. . ...:.. ~d2c<'t1 ":-" ...... ~. .~-~.~.".) . . ... :.{. ..~,-, ,Dated this 8th day of March, 2005. Tammy e eer~}LOL- Shaun rdle, City Council Keith Bird, City Council Charlie Rountree, City Council Christine Donnell, City Council ~.....:................. . - - - ..... ( MERIDIAN CITY COUNCil MEETING APPLICANT March 8, 2005 ITEM NO. 18 REQUEST Executive Session per Idaho State Code 67-2345 (1) (f) 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. ( ~\ ( BEFORE THE lVIERIDIAN CITY COUNCIL C/C March 8, 2005 IN THE MATTER OF THE ) APPLICATION OF BOISE VALLEY ) COl\1MONS, LLC FOR FINAL ) PLAT APPROVAL OF 18 ) COMMERCIAL BUILDING LOTS ) ON 33.1 ACRES IN A C-G ZONE ) LOCATED EAST OF SOUTH ) LOCUST GROVE ROAD AND ) NORTH OF EAST OVERLAND ) ROAD IN A PORTION OF THE SE ) JA OF THE SW 1.4 OF T. 3N., R. IE., ) SECTION 17. ) ) CASE NO. FP-05-014 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT "'I=( ~I~~: C ~r~-~ ~.[ .<v:~~... -~ "E:1 ~r"'')e ".1i \iJ.J1~ ~ -. ,}.'~ _"o)f (j>'> f" T 1 ~ 200t-: ~ -:J l ~ h. oJ C!T'Y OF r\;lERIOIAN (.~ ,-r\f (~1..... E R ;~( () F F f r; F This matter "coming before the City Council for Final Plat approval pUrSUaIlt to Meridian City Code g 12-3-7 on March 8, 2005, and the Council finding that the Ad.ministrative Review is complete from Sonya Allen, Assistant City Planner for the Planning and Zoning Department, alld Bruce Freckleton, Development Services Manager for tIle Public Warks Departm.ent, dated: Hearing Date: March 8, 2005, to the Mayor and Counci.l, and the Council.having considered the requirements of the preliminary plat the Council takes the following action: IT IS HEREBY ORDERED THAT: 1 ~ The Final Plat of "PLAT SHOWING DESTINATION PLACE SUBDIVISION, LOCATED IN A PORTION OF THE SE Y4 OF THE SW 114 OF T~ 3N., R. lE~, SECTION 17, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2005, ORDER OF CONDITIONAL APPROV AL OF FINAL PLAT FOR DESTINANTION PLACE SUBDIVISIONI (FP-05-014) page 1 Of 5 /" \\, . ( HANDWRITTEN DATE: 02/08/05, SHEET 1 OF 3, ANDERSON SURVEY GROUP, INC4, MERIDIAN, IDAHO", BOISE VALLEY COMMONS, LLC, STAR, IDAHO, Developer, is COllditiollally Approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Sonya Allen, Assistant City Plmmer for the Planning and Zonil1g Department and Bruce Freckleton, Development Services Manager for the Public W ol~ks Department, dated: Hearing Date: March 8, 2005, listing 24 SITE SPECIFIC REQUIREMENTS/FINAL PLAT al1d 5 GENERAL REQUIREMENTS, a true and correct copy of which is attached hereto marked ExIlibit "A", and consisting of 4 pages, and .by tllis reference incorporated llerein, and the additional requirern.ents from the action of tIle Council taken at their March 8, 2005 meeting as follows, to- wit: 1.1 Adopt tIle action of the City Council taken at their March 8, 2005 meeting, specifically pertaining to the staff report, under Conditions of Approval, nu.mber 10, such that they now read as follows: lO~ The pressurized irrigation system within this development is to be owned and m.aintained by Boise '/alley Commons Nampa Meridian hrigation District The City of Meridian requires t11at pressurized irTigation systems be supplied by a year-round source of water. If a creek or well SOll.fee is not available, a single- point connection. to the mUl1icipaI water system shall be required. If a single-point co.nnection is utilized, the developer shall be responsible for the payment of assessments for ORDER OF CONDITIONAL APPROVAL O.F FINAL PLAT FOR DESTINANTION PLACE SUBDIVISIO.NI (FP-05-014) Pa.ge 2 Of 5 ( the common areas prior to signature 011 tIle final plat by the Meridian City Engineer 1.2 Adopt the Reconunendation of the CelltraI District Health Department as follows: The Central District Health requires after writtel1 approval from the appropriate entities are submitted, tlley can approve this .proposal for central sewage and central water; that plans must .be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environrn.ental Quality for central sewage and central water; that run-off is not to create a mosquito breeding problem; and it .is suggested that the stormwater be pretreated tlrrough a grassy swale prior to discharge to the subsurface to prevent impact to groundwater an.d surface water quality; that engineers and architects should obtain CUITent best management practices for stolIDwater disposal and design a stormwater management system that is preventing groundwater and surface water degradatio.n. Manuals for guidance: 1~ State of Idaho Catalog of Stormwater Best Management Practices for Idaho Cities a.nd Counties. .Prepared .by the Idaho Division of Environmental Quality, July 1997. 2~ Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, May 2000~ 2. The final plat upon which there is contaiIled the Celtification and signatllre of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such t.ime as: 1. The Plat dimensions are approved by the City Engineer; and ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR DESTINANTION PLACE SUBDIVISIONI (FP-05-014) page 3 Of 5 2~ The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash 11as been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS T.he Applicant is .hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory takin.g analysis. Such requ.est must be in writing, and ill.Ust 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 Peti.tion for Judicial Review may be filed. Please take notice that this is a final action of the govelning body of the City of Meridian, pursuallt to Idaho Code 2 67-6521. An affected person being a person who has an interest in reaJ property which may be adversely affected by this decision may, within twenty-eight (28) days after the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Cod.e. By action of th.e City Council at its regular meeting held on the 8 +tv day of 1Yl , 2005. By: Attest ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT .FOR DESTINANTION PLACE SUBDIVISION/ (FP-05-0.l4) page 4 Of 5 By; It a/2 fY} ~ i~ . Dated: /0-/3 -07) ORDER OF CON.DITIONAL APPROVAL OF FINAL PLAT FOR .DESTINANTION. PLACE SUBDIVISION/ (FP-05-014) page 5 Of 5 (~O 0 OJ 0 . \O~.. 0 0 {'. \. J MAYOR Tammy de Wecrd ~ ~o\ ,. ~I \.1 .1 .J! CITY HALL (208) 888-4433 - Fax 887 -48 J 3 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 - Fax 898-9551 LEGAL DEPARTMENT (208) 466-9272 ~ FAX 466*4405 CITY COUNCIL MEMBERS Keith Bird Christine Donne]] ShaUll Wardle Charles Mr Rounlree STAFF REPORT: City Council Date: March 8,2005 To: Mayor & City Council Sonya Allen, Assistant City Plalmer Y{ Bruce Freckleton, Development SerVIces Manager From: Re: Destination Place Subdivision (aka Boise Valley Commons) Request for Final Plat Approval of Eighteen (18) Commercial Building Lots on 33.1 Acres in a C-G Zone for Destination Place Subdivision, by Boise Valley Commons, LLC (File No. FP-05-014) We have reviewed the above-referenced submittal and offer the following comments, as conditions of approval. These co.nditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY & LOCATION The applicant, Boise Valley Commons, LLC, has requested final plat approval for 18 commercial building lots on 33~ 1 acres in a C-G zone for Destination Place Subdivision (aka Boise Valley Commons) . The proposed subdivision is located at 2400 E. Overland Road, in. the SW ~ of Section 17, T.3N., R~lE. The submitted final plat su.bstantially complies with the approved preliminary plat. Staff recommends approval of the subject final plat for Destination Place Subdivision with the comments and conditions stated in this report. SITE SPECIFIC REQUIREMENTS 1. Applicant is to meet all terms of the approved Preliminary Plat (PP-04-042) for this site. oExllibit "A~; Mayor & City COUI1CiJ Hearing Date: March 8,2005 Page 2 of 4 2. SUbluit cOlnpaction test results to the Meridian Buildil1g Department for any building pads within lots receiving engineered backfill. 3. If no perimeter fencil1g is proposed, the applicant shall provide temporary construction fencing to contain debris along the boundaries of the subdivision prior to issuance of any building permits. 4. The Landscape Plall dated 2/7/05 and prepared by CSHQA, needs to be revised as follows: a. Include a calculations table delTIOnstrating compliance with MCC 12-13 that includes: width of street buffers, lineal feet of street frontage, number of street trees required/proposed, acreage dedicated for common open space, num.ber of trees provided on common areas, and. mitigation for removal of existing trees on the site. 5. The following notes on the plat prepared by Anderson Survey Group, Inc., dated 2/8/05, need to be revised or added: (1.) ~ Hsection 31-3805~ con.celning irrigation water. (2.) H ..public u.tility~ drainage and in4igation easement shall be is hereby dedicated adjacent to and parallel. H (8.) Include recorded instrument number of cross access easement agreement. (9.) Strike .note. This subdivision did not have a Conditional Use Permit. ClL) "Direct lot access to E. Overland Road is .prohibited except for the two public streets approved with this plat." 5" Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for tllis subdivision shall be recorded, prior to applying for building permits. 6. All development improvements, including sewer & water, pressurized ilTigation alld landscaping shall be installed and approved prior to obtaining certificates of occu.pancy. 7. A letter of credit or cash surety in the amount of 110% will be required for all landscaping, pressurized irrigation, sanitary sewer, water, etc", prior to signature on the final plat. 8. Sanitary sewer service and mllnicipal water to this development shall be via extensions from existing mains. Applicant will be responsible to constnlct, or re-construct the sewer and water mains to and through this proposed development, thereby making them available to adjacent properties. Subdivision designer to coordinate main sizing and routing with the Pllblic Works Department. 9. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as deter~ined during the plan review process, prior to signature on the final plat per Resolution. 02-374. Fp..OS-O 14 Exhjb il "A" DeSlil13tion Place SUb FPfdoc Mayor & City Cou.11cil Hearing Date: March 8, 2005 Page 3 of 4 ( 10. The pressurized irrigation system within this development is to be owned aIld rnaintailled by Boise Valley Comrn.ons. The City of Meridian requires that pressurized irrigation systems be su.pplied by a year-round source of water. If a creek or well source is not availa.ble, a single- point connection to tile municipal water syste.m sIlall be required. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the Meridian City E.ngineer. 11. Complete the Certificate of Owners and accompanying Acknowledgment. 12. For addressing purposes/enlergency response for buildings on Lots 6, 7, 8, 9, 10, and 13, the applicant shall provide monument signs with addresses at both ends of the 3D-ft wid.e access easement loop and. at each. curb cut where a given lot intersects the access drive (E. Cinema Drive). A separate sign permit is required for these signs~ 13. Revise the right-af-way widths shown along the south bOU.lldary to show each Yz width. 14. Graphically depict the landscape buffer easement on the plat along S. Mille.nium Way, E. Cinema Drive, and S. Celebration Avenue as described in note #10. 15~ Lot 2, Block 2 is missing a dimension on the west side, revise accordingly~ 16. Address who will be responsible for the maintenance of the drive aisles that provide access to the public street system either in a note on the face of the plat and/or in a document such as CC&R's for the subdivision. Provide a note on the plat or a copy of the document containing this information to the City prior to the City Engineer's signature on the final plat. 17. No building or other stlucture sIlall be erected, moved, added to or structurally altered, nor shall any building structure or land be established or change in use on this site with.out first obtaining a Certificate of Zoning Compliance (CZC) from the Meridian Planning & Zo.ning De.partment. 18. 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 grou.ndwater elevation. 19. Vacation of the outdated easements for power, irrigation, sewer, stormwater drainage, etc. must be approved pr.ior to City Engineer signature on the fil1aJ plat. 20. Please submit all updated groundwater/soils mOl1itoring data to the Public Works Department for review. Any drainage areas (detention/retention basins) must be designed to ensure that water is retained only during IOO-year storm events, and for a period of time not to exceed 24 hours. Side slopes within drainage areas shall not exceed 3:1. Any portion of a drainage area not improved with sod! grass seed (or other approved landscaping) shall not FP-05-0 14 EXhibit "A" Destillation Place SUb oFP.doc Mayor & City COUI1CiJ Hearing Date: March 8, 2005 Page 4 of 4 COUl1t towards th.e required. open s-pace area. The project engilleer should pay close attention to the results of field studies determining the groundwater, soil type & and characteristics during the design and construction phases~ The engineer shall be required to certify that the street centerline elevations are set a minimum. of 3-feet above the l1ighest established normal groul1d water elevation~ 21. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers~ 22. Applicant shall be responsible for application and. complian.ce with and NPDES Permitting that may be required .by the Environmental Protection Agency. 23. Staff's failure to cite s.pecific ordinance provisions or terms of the approved Preliminary Plat does not relieve the Applicant of responsibility for compliance. GENERAL REOUlREl\1IENTS 1. Tile all irrigation ditches, laterals or can.als, exclusive of natural waterways, intersecting, crossing or lyil1g adjacent and contiguous to the area being subdivid.ed per City Ordinance 12-4-13. Submit written confirmation of plan a.pproval from the appropriate irrigation/drainage district, or lateral users association to the Public Works Department. 2. Remove any existin.g -domestic wells and/or septic systems within this project from tlleir domestic service per City Ordinance Section 9-1-4 and 9-4-8~ (Wells may be used. for no.u- domestic purposes such as landscape irrigation.) 3. Install 250-watt, high-pressure sodium streetlights at locations designated by tIle Public Works Department Street light contractor shall obtain an approved d.esigll and permit from the Public Works Departme.nt .prior to commencing installations. 4. Re.place any tree over four (4) inch caliper that is removed from the property with an equivalent tIu.fiber of caliper inches of trees~ (Required landscape buffer trees will not be considered as replacement trees for those trees tllat have to be removed.) 5. Coordinate with the Meridiall Public Warks Department and the Meridian City/Rura] Fire Department to determine fire flow requirements~ Provide a letter from the Fire Department stating required fire flow requirements prior to final plat approval. RECOMl\1ENDA TION Staff recommends approval of the final plat with the above stated comments and conditions. FP-05 ~o 14 Exllib it "A" Destination Place SUb FPLdoc c... . ( BEFORE THE lVIERIDIAN CITY COUNCIL C/C March 8, 2005 IN THE MATTER OF THE ) APPLICATION OF GREAT SKY, ) INC. FOR FINAL PLAT APPROVAL ) OF 57 SINGLE..F AMIL Y ) RESIDENTIAL BUILDING LOTS ) AND 9 COMMON LOTS ON 27.73 ) ACRES IN AN R-4 ZONE ) LOCATED EAST OF SOUTH ) EAGLE ROAD AND NORTH OF ) EAST VICTORY ROAD IN A ) PORTION OF THE NORTH Ih OF ) THE SW 114 AND NORTH ~ OF THE ) SE JA OF T. 3N., R. IE., SECTION 21 ) CASE NO. FP-05MOl1 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT =I:f E C E ~[~'lE'r]} ~ \I *.,.}.~,JI OCT 1 2 2005 Cl-rv OF f~vlE.f{ID!Ar\l (~~l..\f c:r... r~F~{( (lFFfC;F This matter-coming before the City Council for Final Plat approval pursuant to Meridian City Code g 12-3-7 on March 8, 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 Department, dated: Hearing Date: March 8, 2005, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat the Council takes the following action: IT IS HEREBY ORDERED THAT: 1~ The Final Plat of "PLAT SHOWING SUTHERLAND FARM SUBDIVISION NO.5 LOCATED IN A PORTION OF THE NORTH Y2 OF THE SW fA AND NORTH Y2 OF THE SE ~ OF T. 3N., R. IE., SECTION 21, BOISE MERIDIAN, MERIDIAN, ORDER OF CON.DITIONAL APPRO V AL OF FINAL PLAT FOR SUTHERLAND FARM S.UBDIVISION NO.5 / CPP-OS-Oll) page 1 Of 5 ADA CQUNTY,IDAHO 2005, HANDWRITTEN DATE: 01/06/05, SHEET 1 OF3, J-U-B ENGINEERS, INC~", BOISE, IDAHO, GREAT SKY, INC~, MERIDIAN, IDAHO, Developer, is COl1ditiollally Approved subject to those conditions of Staff comments as set fortIl ill tIle Memorandum to the Mayor and City Coun.cil from Sonya Allen, Assistant City Planner for tIle Planning and Zoning Department and Bruce Freckleton, Develop.ment Services Manager for the Public Warks Department, dated: Hearing Date: March 8, 2005, listing 21 SITE SPECIFIC REQUIR EMENTS /FINAL PLAT and 13 GENERALREQUIRErvIENTS, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of 5 pages, and by this reference incorporated hereil1, and the additional requirelnents from the action of the Council taken at their March 8,2005 meeting as follows, to- wit: 1.1 Adopt the action of tIle City Council taken at their March 8) 2005 meeting, and specifically pertaining to tile Staff Report, under Conditions of Approval, number 4, such that they now read as follows: Conditions of Approval 4~ A permanent .public .pedestrian easement shall be created for the pathway within Lot 2, Block 20 and Lot 11, Block 21 an.d recorded prior to signature of the City Engineer on the final plat or the lots shall be dedicated to the city for ownership and maintenance by the Parks Department.. If an easement is created~ the easement shall be sufficient widtll to cover the IO-foot wide pathway shown~ The 10-foot wide hard surfaced pathway shall be ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SUTHERLAND .FARM SUBDIVISION NO~ 5 / (FP-OS-OI1) page 2 Of 5 fo"" {~. constructed and fully improved prior to the issuance of the first Certificate of Occupancy for any buildin.g within this phase of the subdivision. 1.2 Adopt the Recommendation of the Central District Health Departlnent as follows; The Central District Health requires after written approval from the appropriate entities are submitted, tlley can approve this proposal for central sewage and central water; that plans must be submitted to and approved by the Idaho Depaltment of Healtll and Welfare, Division of Environmental Quality for ce.ntral sewage and central water; that run-off is not to create a mosquito breeding problem; and it is suggested that the stormwater be pretreated through a grassy swale prior to disch.arge to the subsurface to prevent impact to groundwater and surface water quality; that engineers and arcllitects should obtain current best management .practices for stormwater disposal and design a stormwater management 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. Pre.pared by the Idall0 Division of Environmental Quality, July 1997 ~ 2. Stormwater Best Management Practices Gtlidebook. Prepared by City of Boise Public Works Depa11m.ent, May 2000. 2. The final plat upon which there is contained the Certification and signature of the City Clerk and the City Ellgineer verifying that the plat meets the City's requirements shall be signed only at such time as: 1. The Plat dimensions are approved by the City Engineer; and ORDER OF CONDITION.AL APPROVAL OF FINAL PLAT FOR SUTHERLA.ND FARM SUBDIVISION NO.5 / (FP-05-01 I.) page 3 Of 5 ./""" t<.: .. (~.rnn... . .. : 2. TIle City Engilleer has verified that all off-site improvements are completed. and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on-site improvelnents. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The App licant 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 allalysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing bod.y of the City of Meridian, .pursuant to Idaho Code ~ 67 -6521. All affected person being a person who has an interest in real property which may.be adversely affected by this decision .may, within twenty-eight (28) days after the date of this decision and order, seek ajudiciaI review as provided by Chapter 52, Title 67, Idaho Code. By actioll of the City Council at its regular meeting held on the 8*0 day of vrn oJ~ , 2005. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SUTHERLAND FARM SUBDIVISION NO.5 / (FP-05-011) page 4 Of 5 (:.. ... . Attest: By: Dated: IO-/3-0fJ ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SUTHERLAND FARM SUBDIVISION NO.5 / (FP-05-0.ll) page 5 Of 5 (.. MAYOI{ Tanl111Y de Weerd PUBLIC WORKS BUILDING DEPARffMENT (208) 898-5500 · Fax (208)898-955 J PLANNING AND ZONING DEP AltTlVIENT (208) 884-5533 ~ FAX 888-6854. CITY COUNCIL MEl\1BERS Keith B il~d Cllfisline Donnel] Sllaull Ward Ie Charles M. Rountree STAFF REPORT: Hearing Date: March 8, 2005 To: Mayor, City Cou.ncil and Planning & ZOlling Commission Sonya Allen, Assistant City Planner(Sti Bruce Freckleton, Senior Engineering Tech. From: Re: Sutherland Farm Subdivision No.5 Request for Final Plat Approval of 57 Single-family Residential Building Lots and 9 Common Lots o.n 27.73 Acres in an R-4 Zone for Sutherland Farm Subdivision No.5, by Great Sky, Inc~ (File No. FP-05-011) We have reviewed the above-referenced submittal and offer the following comments, as conditions of approval. - These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY & LOCATION The applicant, Sutherland Farm, Inc9, has requested approval for the fifth phase of Sutherland Farm Subdivision9 Tllis phase consists of 57 single-family residential building lots and 9 common area lots on 27973 acres in an R-4 zone. The gross density of Phase .No. 5 is approximately 2.06 dwellillg units/acre~ TIle net density is approximately 4921 dwelling Ul1i ts/ acre. Sutherland Farm Subdivision No.5 is located approximately ~ mile east of S~ Eagle Road and !t2 mile north afE. Victory Rd., in the SW ~ of Section 21, T.3N., R.IE~ A Conditional Use Permit was approved for this subdivision that allowed for a reduction to the minimum requirements for lot size from 8,000 s.f. to 6,500 5.f9 for detached homes. Although reduced frontages were approved for townhomes/attached single-family dwellings, reduced frontages were not specifically approved for the detaclled single-family dwelling lots. However, the preliminary plat was approved with a few lots in this phase below the required 80-f1. frontage an.d the applicant ap.pears to have noted these lots in their public hearings. Staff did not identify or note that the lots .needed to be modified to meet the 80-foot minimum frontage. Because the frontages shown 00. the final plat confolm to the approved .preliminary plat frontages, staff is recommending approval of the final plat. .FP-OS-O I I EXhibit "A" Sutllerland Farm Sllb5 FP.doc ( ... Mayor & City Council Hearing Date; March 8,2005 Page 2 The final p.lat tllat was submitted su.bstantially cOlnplies with tIle approved preliminary plat. Staff reCOlTIlnends approval of the fifth phase of Sutherland Farm Subdivision with the comments and conditions stated in this report. SITE SPECIFIC REQUIREMENTS/FINAL PLAT 1. Applicant shall meet all terms of the approved Rezolle (AZ-02-004), Preliminary Plat (PP-02-004), Planned Development (CUP-02-005), alld. Development Agreement (Inst #102143307). 2. The pressurized irrigation. system within this development is to be owned and maintained .by the Nampa & Meridian hTigation District. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a creek or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer shall be responsible for the .payment of assessments for the common areas prior to signature on the final plat by the Meridian City Engineer. 3. Fel1cing located on the rear lot lines of all .building lots along the pathway adjacent to the Ridenbau.gh Canal and fencing around the private park shall be restricted to 3-fL in heigllt if solid material is used or 4-ft. in height if non-sight obscuring is used per Conditional Use Permit Finding"#3, page 4. Please reflect this on the landscape plan. 4~ A permanent public pedestrian easement shall be created for the pathway within Lot 2, Block 20 and Lot 11, Block 21 and recorded prior to signature of the City En.gineer on the final plat. The easement shall be sufficient width to cover the la-foot wide .pathway ShOWll. The IO-foot wide hard surfaced pathway shall be constructed and fully improved prior to the issuance of the first Certificate of Occupancy for any building within this phase of the subdivision. Applicant sllall work with the City Parks Dept. to acquire the necessary approvals through the City's Master Pathway Agreement with the Nampa Meridian llTigation District (NMID). Applicant shall conform to the Park's Dept~ standards for constluction of the pathway. The Homeowner's Association is responsible for maintenance of all lmldscaping adjacent to the pathway. 5. Sanitary sewer service to this site shall be via mainline extension from main lines installed in previous phases. Applicant will be responsible to construct the sewer mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. 6~ Municipal water ser~ice to this site shall be via main line extensions from main lines in previous phases~ Applicant will be responsible to constIuct the water mains to and through this proposed development Subdivision designer to coordinate main sizing and routing w.ith the Public Works Department. FP-05-011 EXhibit "A" Sutherland Fann SUbS FPodoc ( .. ~~. . //. .. f'>..... .. Mayor & City Council Hearillg Date: March 8,2005 Page 3 7. Applicant shall be required to pay Public Works developmel1t plan review, aJld constluction inspectiol1 fees, as deterlnined during the plall review process, prior to signature on the final plat per Resolution 02-374. 8. Please submit a copy of the Ada County Street Name COlumittee's "Final" letter for the street names and lot & block numbering. Make all corrections necessary to comply. 9K :Lots 12, 13, & 19, Block 4 and Lot 1, Block 16 shall be restricted to a building .peak height of 25- ft. or less per Preliminary Plat Finding #21, P g. 6. 10. Please submit all updated grou.ndwater/soiIs monitoring data to the Public Works Depaltmel1t for review. Any drainage areas (detelltio.n/retention .basills) must be desiglled to ensure that water is retained only d.uring IOO-year storm events, al1d for a period of time .not to exceed 24 hours. Side slopes within drainage areas shall not exceed 3:1. Any portion of a drainage area not improved with sod/grass seed (or other approved landscaping) shall not count towards the required open space area. TIle project engineer should. pay close attention to the results of field studies determining the groundwater, soil type & and characteristics during the design and constluctioll phases. The engineer shall .be required to certify that the street centerline elevations are set a minimum of 3-feet above the higllest established. normal groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least I-foot above. 11. Developer shall coordinate mailbox locations with the Meridian Post Office. 12. The applicant shall install aerators in the pond on Lot 3, Block 20 and maintain the ponds in a manner that shall prevent the water from beco:ming stagnant or a public nuisance (a mosquito breeding ground). 13. Relocate the note for adjacent platted subdivision "Ranchos Los Altos" to the east and correct spelling of "Book." 14. Complete the Certificate of Owners and its accompanying Acknowledgement. 15. Ap.plicant sllalI be responsible for application and conlpliance with any Section 404 Permitting that may be required by the Ar.my Corps of Engineers. 16. Graphically depict and callout the 30-foot wide City of Meridian Sanitary Sewer Easement aqross the northerly portion of Lot 3, Block 20. 17. Graphically depict an 8-foot wide public utilities, drainage and irrigation easement along the north side of Lot 1, Block 19, and the north side of Lot 3, Block 17, and a IS-foot wide public utilities, drainage and irrigation easement along the east side of Lots 9 & 10, Block 4. 18. Applicant sIlall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. FP-OS-O 11 Exh ibit HA" Sutherland Farm SUbS FP"doc ;" (\ Mayor & City Council Hearing Date: March 8,2005 Page 4 19. Please revise the Landscape Plan elated 1/26/05, prepared by South Landscape Architecture as follows: a~ Reflect any changes necessary to comply with Site Specific Requirement #3 above~ 20~ Please add or revise the following plat notes: (1~) Revise as follows: "Building setbacks and. dimensional standards in this subdivision shall be in compliance with the applicable zoning regu.lations of the City of ~1eridian, Idaho. Title 11 alld Title 12 of the Meridian City Code unless otherwise modified by Conditional Use Permit (CUP-02-005)." (3.) ...public right-of-way, rear lot lines'l and the exterior boundary... (9.) Revise note as follows: "A portion of Lots 10 & 11 of B lock ~ 1, Lot 1 of . ~ ." ( 11.) Complete recording information. (12.) Add a sentence, "Lot 2~ Block 20 and Lot 11~ Block 21 are also common lots and are subject to the public pedestrian agreement recorded as instrument # " (13~) Strike note 16. Staff's failure to cite s.pecific ordinance provisions or terms of the approved Annexation, Preliminary Plat, Conditional Use Permit or Development Agreement does .not relieve Applicant of responsibility for compliance. GENERAL REQUIREl\1ENTS 1. All ilTigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13~ Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Pu.blic Works Department 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8~ Wells may be used for non-domestic purposes such as landscape in.igation. 3. Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 4. All development improvements, including sewer, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 5. A letter of credit or cash surety in the amount of 110% will be required for all fencing, lalldscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to FP-OS-O 11 EXhibit "A" Sutherland Farm SUbS FPodoc /:" \.: Mayor & City Council Hearing Date: March 8,2005 Page 5 signature on the final plat 6. Two-Hundred-fifty watt (250w) and O.ne-Hulldred watt (lOOw), high-pressure sodium streetlights will be required at locatio.ns designated by the Public Works Departlnent. All streetlights shall be illstalled at subd.ivider1s expel1se. Typical locatiol1S are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. Street light contractor to obtain design. and .permit from the Public Works Department prior cO"lnmencing ins tall.ati ons . 7. Compaction test results must be submitted to the Meridian Buildin.g Depaltment for all building pads receiving engineered backfill, where footing would sit atop fill material. 8. Submit "Final" letter from the Ad.a County Street Name Committee, approving tIle su.bdivision and street names. Make any corrections necessary to conform. 9. Applicant's engineer will be requ.ired to submit a signed, stamped statement certifying that all street finish centerline elevations are set a minimum. of three feet above the highest establisl1ed normal groundwater elevation. 10. Coordinate fire hydrant placement with the City of Meridian's Water Deputy Fire Chief and the Public Works Department. 11. Provide five-foot-wide sidewalks in accordance with City Ordinance Section 12-5-2.K. Sidewalks are to provide a clear five-foot-wide walkway pathway without encroachment of mailbox structureS4 12. All development shall com.ply with the Americans with Disabilities Act and the Fair Housing Act. 13. No building permits shall be issued within the development llntil a final plat has been recorded for this su.bdivision4 RECOMMENDATION Staff recommends approval of the final plat for Sutherland FalID Subdivision No.5 with the above stated conlments and conditions. FP-OS-O I "I EXhibit "A" Sulherland Farln SUbS "FP~doc (... c. . ADA COUNTY RECORDER J. DAVID NAVARRO BOISE IDAHO 03131/05 04:06 PM DEPUTY Bonnie Oberbillig RECORDED - REQUEST OF Meridian City AMOUNT .00 4 1111111111111111111111111111111111111 105038561 CITY OF MERIDIAN RESOLUTION NO. t1 ~ - 1-6 6 BY THE CITY COUNCIL: BIRD, DONNELL, ROUNTREE, WARDLE A RESOLUTION VACATING A PORTION OF THE GOLF COURSE EASEMENT LOCATED ON LOTS 44, 45, 46 & 47 BLOCK OF SPURWING SUBDIVISION WHICH IS LOCATED ON THE NORTH SIDE OF CHINDEN BOULEVARD, APPROXIMA TEL Y % MILE WEST OF N. LINDER ROAD, IN PORTIONS OF SECTION 22 & 23, T.4N, R.l W BOISE MERIDIAN, ADA COUNTY IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on March 8,2005, the City Council of Meridian, held a hearing on the vacation of a portion of the golf course easement located on Lots 44, 45, 46 & 47, Block 1 of Spurwing Subdivision which is located on the North Side of Chinden Boulevard, approximately % mile west ofN. Linder Road, in portions of Section 22 & 23, T.4N, R.IN Boise Meridian, Ada County Idaho~; and WHEREAS, after such hearing, the City Council, by formal motion, did approve said described vacation; and NOW THEREFORE, BE IT RESOL VED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That a portion of the golf course easement located on Lots 44, 45, 46 & 47, Block 1 ofSpurwing Subdivision which is located on the North Side of Chin den Boulevard, approximately % mile west ofN. Linder Road, in portions of Section 22 & 23, T.4N, R~lN. Boise Meridian, Ada County Idaho; is hereby vacated. Copies of the necessary relinquislunents are attached as Exhibit "A". Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approvaL VACATION OF GOLF COURSE EASEMENT- SPU.RWING SUBDIVISION - page 1 of2 ( c....... PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, OJ .....I/- IDAHO, this 2-1 -dayof Ih~~ ,2005. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, ;? a.r-J.. /h ~ this ~t ~ day of ~ , 2005. A TT.EST: STATE OF IDAHO, ) )ss. County of Ada ) On this 2qtLt day of fV\ar-~ , 2005, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the CITY of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. "I.......... t' '''# ~~,,, ~ L. Slvtl ~## 1'.~~C ......... .r~1Ia #,# ~ ~ 0 GOo""(~ ~ $ ~ ..- c ~ ~ : "'. 0': p,- R .1 ~ , ~ : : ~ ~. Tj-, :. : : .... ... ~~ E :*~ c.:::: - . h 'L\ r q ';. o. r U'B y l~ c ~~ ~ e. 1;." .. ~^, "., ~ 01 et) u. ~ 1:~ ## 1'1 -.....uiil i.-\ ,"' ~),-<J ...... -11J! (J\:~ \ y .....~ .. .. ... . .. '" ... 'If "" *.. .Ii'..' (SEAL) l'JelTA PUBLIC FOR IDAHO ~SID GAT: )l)ey,~J:aK 1Y1~/OMMISSION EXPIRES: tJ~/:J-~1 07 VACATION OF GOLF COURSE EASE.MENT- SPURWING SUBDIVISION - page 2 of2 . . . ... . . . . ................ ........... . .. .......................... ... ..... .... ...... ......... ...............:.. .. ............ ... .... : .. ... . . .. .. . .. . : . . .. . ... . .. . ... .. ... .....:.. ...... .........:...:...... .. . . .. .. .... .. . tJ:Bn 2S 05 03:50p C TEALEV'S LAND SURVEYING p..2 2083850696 TEALEY'S LAND SURVEYING 2501 Bogus Basin Rd. . Boise. Idaho 83702 (208) 385...0636 Fax (208) 385-0696 Project No..: 2816 Date: January 26, 2005 DESCRIPTION FOR GOLF COURSE EASEMENT VACATION ~SPURWrNG SUBDIVISION All of the Golf Course Easement lying in Lots 44. 45 and 46 and a portion of the Golf Course Easement lying in Lot 47 of Block 1 of Spurwing Subdivision. as filed for record in the office of the Ada County Recorder, Boisel Idaho in Book 69 at pages 7104- 71081 lying In the SW 1/4 of Section 23J T.4N.~ R..1W~1 B..M., Ada County, Idaho and more particularly described as follows: BEGINNING at the Northerly most corner of said Lot 44; thence along the Northerly boundaries of said Lots 44.45 and 46 South 39002'2711 East 290.45 feet to a point; thence continuIng South 59 a 57 J 21lt East 199.09 feet to the Ea ste fly most corner of said Lot 46; thence leaving said Northerly boundaries South 32053'0611 East 189.50 feet to a point on the Southeasterly boundary of said Lot 47; thence leaving said Southeasterly boundary North 47012'39" West 177.41 feet to a point; thence North 59057~21Jt West 188.76 feet to a point on the Easterly boundary of said Lot 45; thence along said Easterly boundary South 22044J54U West 224~75 feet to a point marking the Southeast corner of said Lot 45 marking a point of curve; thence along the Southerly boundary of said Lot 45 along a curve to the left having a radius of 825.00 feet a central angle of 02046'45u. a length of 40.02 feet and a long chord bearing North 65051 '4411 West 40401 feet to a poInt of ending of curve; thence leaving said Southerly boundary along a line Westerly of and parallel to safd Easterly boundary of Lot 45 North 22044tS4~~ East 245.24 feet to a point; thence North 39002127" West 195.32 feet to a point; thence North 57013)2711 West 89.83 feet to a point on the NortherJy boundary of said Lot 44; thence along said Northerly boundary North 19026108u West 10.00 feet to a point of curve; thence continuing along a curve to the left havfng a radius of 775.00 feet, a central angle of 00056106"1 a length of 12.65 feet and long chord bearing North 7000S)49U East 12.65 feet to a point of ending of curve; thence continuing North 69037'46" East 57.61 feet to the ~OfNT OF BEGINNING. 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I J ::JUU I to U to '" 9690981::e02 ~WIA3^~nS aN~l StA3l~31 dls:eo SO sa uer (.. .. ( . .; EXHIBIT F CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the matter of a request for Annexation and Zoning of 9.8 acres from RUT to R-8 zone AND Preliminary .Plat approval of thirty-three (33) single-family residential and four (4) common lots on 9.8 acres in a proposed R-8 zone AND Conditional Use .Permit approval for a Planned Development for reductions to the mi.nimum requirements for lot area, rear building setbacks, street side setbacks and minimum street frontage, for Alexandria Subdivision, by Lonnie Johnson. Case No(s): AZ-04-011, PP-04-017, CUP-04-015 .For the City Council Hearing Date of: March 8, 2005 A. Findings of Fact 1. Hearing Facts a. A .notice of a public hearing was .pu.blished for two (2) consecutive weeks prior to the City Council public hearing, the first publication appearing and written notice Inailed to property owners or :purchasers of record witl1in three hundred feet (300') of the external bound.aries of the property. The notice ofpu.blic hearing before the City Council was .posted upon the property und.er consideration more tllan one week before said hearing. All other noticing was done consistent with Idaho Code ~67- 6509~ The matter was d.uly considered by the City Council at the March 8, 2005, public hearing(s). The applicant, affected property owners, and govenunent subdivisions providing services within the :planning jurisdiction of the City of Meridian were given full opportunity to express comlnents and submit evidence~ b. Written and oral testimony was received on tllis matter, as re.tl.ected in the records of the City Clerk (for written testimony) and in the official.meeting minutes (for oral testimony)~ c. The Planning and Zoning Commission conducted a public hearing and issued a written recommendation on the subject matter to the City Council. d. The City Council heard and took oral and written testimo.ny and duly considered the evidence and the record in this matter. 2~ Process Facts CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDE.R CASE NO(S)+ AZ-04-0 15, PP-04-0 17, CUP-04-0 15 - PAGE I Of 4 (...:. ...., (:.... .. . . a. Tllere has been compliance with all notice and hearing requirements 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 Affid.avit of Publication and Proof of Posting filed with the staff report. 3. Applicatio.n and Property Facts a. In addition to the application and :property facts noted in. the staff report and the Planning & Zoning Recommendation for the subject application(s), it is hereby verified that the property owner( s) of record at tIle tilne of issuance of these findings are Lonnie ao.d Karen Johnson. 4~ Required Findings per Zo.ning and Subdivision Ordinance a. See Exhibit F.. 1 (Annexation and Zoning), Exhibit F.2 (Preliminary Plat) and Exhibit F~3 (Conditional Use Permit) for tIle 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. 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 Inaps thereof The City of Meridian has, by ordinance, established the Impact Area and the Amended COlnprehensive Plan of the City of Me.ridian, whicll was adopted. August 6~ 2002, Resolution No. 02-382 and Maps. 3. T.he conditions shall be reviewable by tIle City Council pursuant to Meridian City Code 9 11-17-9~ 4. Due consideration has been given to the cOlnment(s) received fraln the governmental subdivisions .providing services in the City of Meridian .planningjurisdiction. 5~ It is found public facilities and services required by the proposed development will not im:pose expense U.PO.ll the public if the attached. conditions of approval are im.posed. 6. That the City has granted an order of approval in accordance Wit11 this Decision, which sIlalI be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. 7. T.hat this approval is subject to the Legal Descriptio.n in Exhibit A, the Prelilninary Plat in Exhibit B, and the Conditions of Ap.proval in Ex11ibit C, :0 and E. The conditions are conclu.ded to be reasonable and the applicant shall meet snell requirements as a condition of approval of tIle application. c. Decision and Order CITY OF MER1DIAN FrNDrNGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NOeS). AZ-04-0 15, PP-04-0 17, CUP-04-0 15 - PAGE 2 Of 4 c..... .... . (~..'~.... . 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 11ereby ordered that: 1. The applicant's .Prelitninary Plat as evidenced by havillg submitted the Preliminary Plat dated November 29,2004 is l1ereby conditionally approved; and 2. The conditions of approval are as shown in Exhibits C, D and E. D. Notice of Applicable Time Lilnits (as ap.plicable) 1. Notice of Twelve (12) MontI] Prelitninary Plat Duration Please take notice that after the date of approval of the preliminary plat, the owner or developer s.hall have one year witllin which to file the request for approval of the final plat After approval affinal plat, the owner or developer shall have one year to begin construction of the .p.ublic utilities and one year thereafter to com.plete construction of those .public facilities. (MCC 12-2-4~B & C.) E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Id.aho 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-eigllt (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. 29 Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code ~ 67 -6521 an. affected person being a person who llas an interest in real property which may be adversely affected by tIle 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 F ~ 1: Annexatio.n & Zoning Findings Exhibit F.2: Preliminary Plat Findings Exhibit F~3: Conditional Use Permit Findings ~ By action of the City Council at its regular meeting held on the t\CtrrJ-\ , 2005~ day of CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AN.D DECISION & ORDER CASE NOeS). AZ-04~O 15, PP-04-0 17, CUP-04-0 15 - PAGE 3 Of 4 (. ( COUNCIL MEMBER SHAUN WARDLE VOTED /J^- Attest: and City Attorney. Dated: 4 -\-oS CITY OF MERI.DIAN FINDINGS OF FACT, CONCLUSIO.NS OF LA W AND DECISION & ORDER CASE NOeS). AZ-04-01S, PP-04-017, CUP-04-015 - PAGE 4 of4 (:n. ...: .4. . t.":.. EXHIBIT A Alexandria Subdivision AZ-04-0 11 Legal Description f!IJ. ~ e1t. 8~ 9n..tY. 5505 W. Franklin Road. Boiset Idaho 83705-1055 Alexandria Subdivision Annexation Description A parcel of land situatcjn the south half of the northeast quarter of Section 31 of T OMlship 4 North, Range I East 0 f the Boise Meridi~ being Lot II of Crestwood Subdivision No~ 1 as recorded in Book 28 of Plats at Pages 1757 and I 758 in the office of the Ada County, Idaho, Recorder AND adjoining Right~of- Way of North Locust Grove Road lying in said Section 31, being more particularly described as follo\vs: Conunencing at a brass cap marking the northeast comer of said Section 31 ; lhence SQOOD? ~ 15"\V ~ I ,661.98 feet along (he east boundary of said Section 31 to the extension of the northerly boundary of said Lot t 1, whi.ch is the POINT OF BEGINNING; Thence S89046'32"W, 33~OO feet along said extension to the northeast corner of said Lot 11; Thence continuing S89046t32~'\V, 1,284~OO feet along the northerly boundary of said Lot 11 to the northwest comer 0 f said Lot 11; Thence 'SOoo09'26"W, 332~24 feet along the westerly boundary of said Lot 11 to the southwest corner of said Lot 11.; Thence N89047'03"Et 1 ,284~2 t feet along the southerly boundary of said Lot 11 to the southeast corner of said Lot 11; Thence continuing .N89047'03"El 33.00 feet along the extension of said southerly boundary to the east boundary of said Section 31; Thence NOoo07'15''E~ 332.44 feet along said cast boundary to the POINT OF .BEGINNING4 rille above-described parcel contains 1 0..05 acres, more or less. \: . . EXHIBIT B Alexandria Subdivision (AZ-04-011, CUP-04-015) Approved Preliminary Plat/Site Plan (see attached) c........ . .:.~"" ~ ~ t. ..., t:~. . ., ..~ ... ~ ro ~ w Vl :J ~ I t l [i]~..n:.N:O (. g.. . \... EXHIBIT C Annexation and Zoning Application Alexandria Subdivision (AZ-04-011-revised) ANNEXATION AND ZONING COMMENTS 1. The legal description su.bmitted with the application (stalnped by Joseph CalUling, dated 5-4- 04) appears to meet the require.ments of the City of Meridian and State Tax Commission an.d :places the parcel contiguous to existing city lilnits. 2~ The requested zoning d.esignation of R-8 is compatible with the City Compre.hensive Plan and Meridian's Zoning Ordinance. 3. The subject property is witllin the Urban Service Planning A.rea~ Essential City services are available to the subject property. 4. Any existing domestic wells and/or septic systems within this project will have to be removed from their dOlnestic service per City Ordinance Section 5- 7 - 51 7 ~ Wells may be used for non-domestic purposes such as landscape irrigation. "/ .. . \ . .':.(~ .~ { ... . \. ." EXHIBIT D Preliminary Plat Conditions of Approval Alexandria Subdivision (File PP-04-017 - Revised) SITE SPECIFIC CONDITIONS-P.RELIMINARY PLAT 1 ~ All conditions of tIle Conditional Use Permit (File CUP-04-015) for Alexandria Subdivision shall be complied with as part of the su.bject Preliminary Plat (File PP-04- o 1 7). 2~ The subdivider/develo.per shall ensure that the recorded CC&R's for Alexandria Su.bd.ivision clearly describe the purpose, fencing, access rights, and maintenan.ce responsibilities of the "Common O.pen Green Easelnent" shown within Block 3. 3~ No parking shall .be allowed on the tee portio.n ofN. Heritage View Place and it shall be signed as "N.o Parking~" 4" Sanitary sewer and water service to this development shall be via mainline extensions from mains in the adjacent Razzberry Crossing Subdivision~ Applicant will be responsible for constructing tIle sewer and water mains to and through this proposed development Subdivision designer to coordinate m.ain sizing and routing with the Public Works Department. a~ Extend the water main on :Madison Avenue, north, to the subdivision boundary and install a blowofffor future connection to Razzberry Crossing water main~ b. Extend the water mains on Madiso.n and Reiterman Avenues, south, to the subdivision boundary or southern edge of an easement provided as described in Item 4"c" below. C. Provide a standard 20' City of Meridian water/sewer easement (from the property owner to the south) to allow the sewer main and water main extensions sllown alo.ng Green Haven Lane to be constructed. 5. The applicant has indicated that the pressurized irrigation systelTI within this development is to be owned and. operated .by Settlers Irrigation District. Underground year-round pressurized irrigation must be provided to all lots within this development (MCC 12-5-2.N). The City of Meridian requires that .pressurized irrigation systems be su.pplied by a year-round source of water (MCC 12-13-8.3)~ The A:pplicant sllalI be required to utilize any existillg surface or well water for the primary source. If a Alexandria SUbdiViSion - PP-04-0 17 (Rev.) - Exhibit D page 1 of9 (...;.:. . . (~ "~ \,," surface or well source is not available, a single-.point COIID.ection to the culinary water system shall be required. If a single-point connection is utilized, the developer shall be responsible for the pa)'lnent of assessments for the CQlnmOn areas prior to signature on the final plat by the Meridian City Engineer~ If the system is to relnain private, a draft copy of the pressurized irrigation system O&M manual must be submitted prior to plan approval. 6. The applicant shall be responsible for payment of and the actual .pllysical sanitary sewer and d.omestic water connection for the existing 110use on Lot 4, Block 4. 7. The applicant shall comply with MCC 12-4-14 (Common Drive Design) for Lot 2, Block 4. A note shall be added to the final plat which prohibits Lot 3, Block 4 from having direct access to the common driveway on Lot 2, Bloc:k 4. 8. Since the driveway for Lot 2, Block 4 is greater than 150 feet in length, the applicant sllall submit details for an approved fire truck tumaro.und on Lot 2, Block 4 with tIle final plat application. 9. Applicant shall revise the preliminary plat as follows: a. Show set-aside areas for street drainage retention/d.etention; b. Create a common lot in the northeast corner of Lot 2, Block 3 to aCCOlTIlTIodate the entry sign and landscaping, not an easement as shown; c~ Graphically depict the common driveway easeme.nts being proposed for Lots 2 and 3, Block 3 and for Lots 1 - 3, Block 4 and .provide a plat .note explaining tIle easement; d.. Revise tIle "Setbaclc Table" to re-label "Rear Setback (Garage)" as "Alley Rear Setback. e. Correct the .proposed Ininimum street frontage and lot area figures to accurately coincide with tl1e CUP/PD application. f. Revise the "Setback Ta.ble" footnote to reflect the correct lot and .block numbers. g. Revise the title box to show this .plat is a "Resubdivision" of Lot 11, Crestwood Subdivision. No.1. 10. Fencing details shall be sublnitted with the Final Plat application. Fencing adjacent to pathways or the COlnmon area lots shall not be over four feet in height if constructed of a solid tuateri.aL In addition, a solid, 6-foot high perimeter fence shall be installed prior to any building permits being issued, unless agreed to otherwise in writing by the Planning Director ~ 11. All adjacent agricultural uses shall be protected and. a note added to the face of the plat regarding the Right to Farm Act 12. The preliminary landscape plan submitted with. the preliminary plat (Sheet 1, dated 12/10/04 by B&A En.gineers) is approved with the following changes: a~ Revise the plan to reflect the applicable changes listed. in condition #9 above~ Alexandria SUbdiViSion - PP-04-017 (Rev.) - Exhibit D page 2 of9 (.n:.... b. Show a minimUlTI 3-foot higl1 benn or other features to screen westbound autolTIobile headlights from the residence 011 Lot 2, Block 3. c~ Sl10W all proposed fencing types, heights and locations. 13. The required landscaping and irrigation systelTI shall be installed .prior to the issuance of a Certificate of Occupancy for any building on any lot created by the subdivision. Landscaping and fen.cing must .be bonded for prior to applying for building permits. 14. No phasing lines were shown on the preliminary plat. If phasing is :planned, applicant shall su.bmit a revised plat prior at least 1 0 days .prior to the next .public hearing showillg the proposed phase lines. 15. Underground pressurized irrigation must .be provided to all landscape areas on site~ The applicant has indicated that the pressurized irrigation system within this development is to be owned and maintained. by the N amp a & Meridian Irrigation District. 16. The City of Meridian requires that pressurized irrigation systems be supplied .by a year- round source of water. If a creek or well source is not available, a single-.point connectio.n to the culinary water systelTI shall be required~ If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the Meridian City Engineer. 17. Per action taken at the March 8, 2005 City Council heari.n.g, the City Council grants the developer the option to constru.ct or not construct the off-alley.parking stalls graphically depicted. in Block 2-ofthe ~pproved Preliminary Plat. STANDARD CONDITIONS (Preliminarv Plat) 1. Please submit a copy oftb.e Ada County Street NatTIe COlTIlnittee's approval letter for the su.bdivision name, and tIle lot and block n.umbering. Ma.ke any corrections necessary to confonn. 2. A letter of credit or cash surety in the amount of 110% will .be required for all fencing, landscaping, play eq.ui.pment, pressurized inigation, sanitary sewer, water, etc., prior to signature on the final plat. 3. Sidewalks within the proposed subdivision shall be .built in accordance with MCC12-13- 1 0-8. 4. Any tree over 4" in caliper that is removed froIn the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that are removed. 5. Developer shall coordinate mailbox locations with the Meridian Post Office. Alexandria SUbdiviSion - PP-04-017 (Rev.) - EXhibit D page 3 of9 (:......... c.::......... 6. AllY existing domestic wells and/or septic systems witllin this project will have to be removed froln their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells lnay be used for non-domestic :purposes such as landscape ini.gation. 7~ Coordinate fire hydrant placelnellt with tIle City of Meridian Public Works Departlnent. 8. lOO-watt, higll-.pressure sodium streetlights will be required at locations designated .by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Warks Department prior cOffilnencing installations. 9. All irrigatio:n 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 th.e appropriate irrigatio.nldrainage district, or lateral users association (ditc.h owner's), with written approval or non-approval submitted to the Public Works Departtn.ent. If lateral users association approval can't be obtained, plans will be reviewed and ap.proved by the Meridian City Engineer pri.or to final plat signature4 10. Please submit all updated groulldwaterlsoils monitoring data to tIle Public Works Departlnellt for review ~ All drainage areas (detention/retention basins) m.ust be designed to ensure that water is retained only during IOO-year storm events, and for a :period of time not to exceed 24 hours~ Sid.e slopes within drainage areas shall not exceed 3: 1. 11. Ap.plicant's engineer will be required to submit a signed, starn.ped statement certifying that all street finish centerline elevations are set a minimum of three feet above the highest established normal gro.undwater elevation. Tllis is to ensure that the bottom elevation of the structural footings of homes are at least I-foot above groundwater. 12. Co.mpaction test results must be submitted to the Meridian Building Department for all building .pads receiving engineered backfill, where footing would sit ato.p filllnaterial. 13. Graphically depict any FEMA flood plain bound.aries. Note restrictions associated with the flood zone on the face of the preliminary .plat. 14. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required. by the Army Corps of Engineers. 15. Applicant shall be responsible for application and compliance with and NPDES Permitting that Inay be required .by the Environmental Protection Agency. 16. Performance specifications for the common area pressurized irrigation system shall be submitted with each Final Plat application. Alexandria S ubdi Vi S i on - PP -04-0 17 (Rev.) - Exhibi t D page 4 of9 (:..... :'. (. AGENCY CONDITIONS & COMMENTS FIRE D.EPARTMENT 1. The Meridian Fire Department requires a minimum of 29 feet of fi'ee-and-clear drivil1g surface for all street sections (center-of-gutter to center~of-gutter)~ As proposed, only 27 feet is provid.ed~ No parking is allowed unless a 29-foot street section (nleasured center-of-gutter to center-of-gutter) is provided. 2. On.e al1d two family dwellings will require a fire-flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. (International Fire Code Appe.ndix D) 3. Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian .Water Departtnel1t for bacteria testing. 4~ All common driveways shall be straight or .have a turning radius of 28' inside alld 48' outside and shall have a clear driving surface which. is 20' wide. 5. Final Approval of the fire hydrant locations shall be by the Meridian Fire Departme.nt. a. Fire Hydrants shall have the 4 ~" outlet face the maill street or parking .lot aisle. b. The Fire hydrant s11all not face a street which does not have addresses on it. c. Fire hydrant markers sIlaIl be provided per Public Works spec. d~ Locations witl1 fire .hydrants shall have the curb :painted red 1 0' to each sid.e of the hydrant location. e. Fire Hydrants s.hall be .placed on comers. f. Fire hydrants shall not have any vertical obstructio:ns to outlets within 10'. 6~ All entrance and internal roads s.hall have a turning radius of 28' inside and 48' outside radius. 7. Provide a 20' wide Fire Lane for all internal & external roadways. 8.. Operational fire hydrants and telnporary or permanent street signs are required before cOlnbustible construction begins. 9. The roadways shall be built to Ada County Highway Standards and shall have a clear driving surface, available at all times, w.hicll is 20' wide. Streets with less than a 29' street width shall have .no parking~ Streets with less than 33' shall have parking only on one side. 10. The proposed 33-lot subdivision with an estimated 2.9 residents per household wo.uld have a total estimated population of 96 residents at build out. 11. W11ere applicable, paint tile curb red and :provide signage "No Parking Fire Lane". Alexandria SUbdiViSion - PP-04-017 (Rev.) - EXhibit D .Page 5 Of 9 (.. ... (.,...::. .: 12. W11ere a portion of the facility or building hereafter constructed or moved into or within the jurisdictiol1 is more tllan 400 feet (122 .m) from a hydrant on a fire apparatus access road, as measured .byan approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be :provided where required by the code official. For buildings equipped. throughout with an approved automatic sprinkler system installed in accordance Wit11 Section 90393.1.1 or 903.3.1.2 th.e distance requirement shall be 600 feet (183). SANITARY SERVICES COMPANY 1. Please contact Bill Gregory at sse (888-3999) for detailed review of your proposal and submit stamped (approved) plans with your final plat application. [The followillg agency/depart/IIent cOllditions are for reference only. The City of Meridian does not enforce tJ,ese conditions. .It is the applicant's full responsibility to uIlderstand and COlllpLy with these conditions. In addition, please be aware that tlzere Inay be other agellCY or depart/lie/It conditions or policies that will pertain to this developluent fllat are not listed below.] CENTRA.L DISTRICT :HEAL TH :DEP ARTMENT 1. This proposal can be ap.proved for central sewage & central water after written approval from appropriate entities is submitted. 2. The Applicant's central sewage and central water plans must be submitted to and approved .by the Idaho Department of Health & Welfare, Division of Environmental Quality. 3. Run-offis not to create a mosquito .breeding problem. 4. Stormwater shall be pretreated tlrrough a grassy swale prior to discllarge to the subsurface to prevent impact to groundwater and surface water quality. 5. The Engineers and architects involved with the design of the subject .project shall obtain current best Inanagement practices for stormwater dis.posal and design a stormwater management system that .prevents groundwater and surface water degradation. SETTLE.RS IRRIGATION DISTRICT 1. All irrigation/drainage facilities along witll their easements ill.Ust be .protected and continue to function. The facility involved is the Parkins Nourse Lateral located at the east :property boundary flowing south to north. A 20' easement is required. 2. A land use change application must be on file prior to any approvals. Alexandria SUbdivision - P.P-04-017 (Rev~) - EXhibit 0 page 6 of9 (" i.. \., .. 3. A license agreelnent luust be signed and recorded prior to construction of any S.I~D. faci Ii ti es. 4. Any changes to tIle existillg irrigation system such as relocation, tiling, and landscapi11g must .be approved by Settlers Irrigation District. 5. All storm drainage lnust be retained on-site. 6. The develo.pment lnust supply irrigation access to all lots within the subdivision. If the developer wishes to have Settlers Irrigation District own, o.perate, and Inaintain the pressure irrigation system and agreement needs to be in place prior to the preconstruction meeting. IDAHO POWER COMPANY 1. The Idaho Power Company's Locust Substation, a major IlUb, is located north of Alexandria Subdivision. 2. The COlnpallY would like to inform all interested parties that IPC has identified the west side of Locust Grove Road from McMillan Road to Chinden Blvd. as a proposed future power line corridor. The company's plans call for the installation of additional overhead transmission lines to be constructed adjacent to the road right of way within this segtnent of Locust Grove Road. 3. It Inay be appropriate to request the inclusion of this proposed corridor on the final plat Inaps to ensure disclosure of the company's intention. ADA COUNTY :HIGHW AY DISTRICT Site Specific Conditions of Approval 1. The applicant shall do one of the following: a. Dedicate by donation a total of35-feet of right-of-way along :Locust Grove Road, and construct a Ininimunl 5-foot wide concrete sidewalk along Locust Grove Road., located a 2-feet within the new right-of-way. b~ Do not d.edicate additional rigllt-of-way, but construct a minimum 5-foot wide concrete sidewalk along Locust Grove Road, located a minimUlTI of 28-feet from the centerline of the right-of-way, in an easement provided to the District c. Do not dedicate additional right-of-way, but construct a minim.urn 5-foot wide concrete sidewalk along Locust Grove Road, located at the back edge of the existing right-of-way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. Alexandria SUbdiViSion - PP-04-0 17 (RevA) - Exhibit D page 7 of9 (:....:..... . c..:........ 2. Construct W. Star Lane in coordination with. the development adjacent to the north (Razzberry Crossing) as a 40-foot cOlumercial street section within 54-feet of rigl1t-of- way. 3. Excluding West Star Lane and East Green Haven Street, construct all intemallocal roadways as 29-foot street sections with rolled curb, gutter, 4-foot detached concrete sidewalks, and 5-foot landscape strips witllin 50-feet of:rigllt-of-way, as proposed. These roadways shall be sigtled for parking on one side only~ 4~ Dedicate 20-feet of right-of-way for the proposed alley in Block 1 (from N. Brigllt Angel Avenue to E. Green. Haven Street). Pave the alley its entire width, as proposed. 5. If Reitiennan Avenue within Razzberry Crossing Subdivision to the north oftl1e site is not constructed at the time of constructio:n within this site, the applicant sllall provide a temporary turnaround at tIle northern terminus of Reitierman Avenue. 6. Construct East Green Haven Lane with one-half of the street improveln.ents on tIle north side including curb, gutter, and sidewalk. Construct a Ininimum of 24-feet of pavement, and a 3-foot wide gravel shoulder and a drainage swale on the south side within a :minimum of 40-feet of dedicated rigllt-of-way. 7. Coordinate the design of the alternative turnaround on .N. Heritage View .Place with District Development Services staff 8~ Direct lot access to Locust Grove Road is prohibited, and a note stating this shall.be placed on the final plat 9. Comply with all Standard Conditions of Approval. ACHD Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated witll im.proving street frontages abutting the site shall be borne by the develo.per. 3. Replace any existing damaged curb, gutter and sidewalk and any tl1at may be damaged during tIle construction of the proposed development. Contact Construction Services at 387-6280 (with file nu.mber) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact tIle District's Utility Coordinator at 387-6258 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved su.pplelnents, Construction Services Alexandria SUbdiviSion - PP-04-017 (Rev.) - Exhibit D page 8 of9 l.. : (' . procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvelnent plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of.building permit (or other required. permits), which incorporates any required design changes. 7. Construction, use and :property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required .prior to building construction in accordance with Ordinance #198, also .known as Ada County Hig.hway District Road Im.pact Fee Ordinance. 9~ It is the responsibility of the applicant to verify all existing utilities within tIle right-of- way~ The applicant at no cost to ACHD s.hall repair existing utilities damaged by the applicant Th.e applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 1 O. N.o change in the terms and conditions of this approval shall be valid .unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada Cou.nty Hig.hway District. T.he burden shall be upon the ap.plicant to obtain written confirmation of any change fr01TI the Ada County Highway Di stri ct. 11 ~ Any change by tIle applicant in the planned use of the property which is the subject of this application, shall require tIle applicant to co:mply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at tIle time tIle applicant or its successors in interest advises the Highway District of its intent to change th.e planned use of the subject .property unless a waiver/variance of said requirelnents or other legal relief is granted :pursuant to the law in effect at the time the change in use is sought. Alexandria SUbdiViSion - PP-04-017 (Rev.) - Exhibit D page 9 of9 /:. ( EXHIBIT E Conditional Use Permit Alexandria Subdivision (File CUP-04-015) [P&Z Commission changes shown in slr'f/ccO'Ll! and underlineformat.) SITE SPECIFIC CONDITIONS (Conditional Use Permit) 1. Applicant shal11ueet all of the requirelnents of the Preliminary Plat (File PP-04-017) as a condition of the Conditional Use Permit/Planned Development (CUP-04-015). 2. Applicant shall construct the central open space/colnmon lots per the landscape plan, including the walkway system and atnenities as outlined in Condition #5 below. 3 · The alley-loaded rear setbacks for garages shall be a minimum of 18 feet. 4. A condition of the CUP/PD shall be that the applicant participates in any road infrastructure agreements in the Nortll Meridian Planning Area negotiated with ACHD and shall faithfully :perfonn the terms of such agreement or agreements. 5. The applicant sllall provide/construct the following amenities within the subdivision: a~ Over 10% of the gross area as useable open space, .b. A tot lot; and c. Two gazebos (at least 16' diameter) 6~ The following deviations from the Zoning and Subdivision Ordinance (MCC Title 11 and 12) are approved as part of this ap.plication: Setbacks- City Requirements (R-8) Rear: 15' Approved Setbacks Rear: 15' 18'(for the ten alley-loaded lots) Street side: 12' Proposed Lot Sizes 5,300 sq. ft. Lot Size- Street side: 20' City Requirements (R -8) 6,500 sq.ft Lot Frontage-Citv Requirements 65'minimum Proposed Frontage 42' min. 7. All development sh~ll comply with the Americans with. Disabilities Act and tlle Fair Housing Act, including all pathways in the commo:n. lots. Alexandria SUbdiViSion - CU.P-04-015 (Rev.) - Exhibit E page 1 of2 c... (' . 8. No building permits shall be issued within the development until a Final Plat has been recorded for the subdivision. Alexandria SUbdiViSion - CUP-04-015 (Rev.) - Exhibit E page 2 of2 (:'.:.::... . (.. .: EXHIBIT F.l. Annexation and Zoning Findings Alexandria Subdivision (File AZ-04-0 11) The City Council hereby ap.proves the following analysis of required findings .by staff: According to Ordinance 11-15-11, General Standards Applicable to Zoning Amen.dments, both the P&Z Commission and Council are required Uto review the particular facts and circumstances of each proposed zoning amendment in terms of the follolving 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 t11at the requested zoning designation of R-8 is .harmonious with and in accordance with the adopted COlnprehensive Plan and Generalized :Land Use Map, which designates the land to be "Mixed .Use Neighborhood." T.h.e Special Considerations section of the staff report discusses tIle issues surrounding th.e Neigllborhood Center. Pages 4-6 of the applicant's supplement narrative (dated 12/21/04 .by B&A Engineers) cite several policies from the 2002 Comprellensive .Plan that :pertain to and support th.e annexation. Staff agrees with the policies and statelnents. B. Has there been a change in the area or adjacent areas which may dictate that the area should be .rezoned. For example, have the streets been widened, new railroad access been developed or planned or adjacent area being developed in a fashion similar to the proposed rezone area; The area has been designated as a Mixed-Use Neighborhood area in Meridian's Comprehensive Plan. The Comprehensive Plan designations in combination with tIle subject property's location on an arterial roadway with existing commercial and residential development l1elps to make the proposed development compatible with surrounding land uses and the City of Meridian's .plan for the development of the area. Recently approved developments in the vicinity of the subject property include Heritage Commons, Havasu Creek, Razzberry Crossing, and Brockton Subd ivisions. c. Will the proposed uses be designed, constructed, operated and maintained to be harmonious and ap.propriate in appearance with the existing or intended character of the general vici.nity and that such use Alexandria SubdiViSion - AZ-04-0:I 1 - FindingS Of Fact, conClUSions or.Law & DeCiSion and order page 1 of3 c. will not change the essential character of the same area; Staff finds that the :proposed .uses are compatible with the existing and intended character of the area. The Comprehensive plan designates the area as Mixed. Use - Neighborhood; the proposed residential uses (both standard and alley-loaded prod.uct) are compatible with the Comprehensive Plan designation, whicl1 encourages short blocks and radiating densities. Staff finds that the proposed uses can be designed and constructed in a lTI.anner that will be harmonious with and appropriate in appearance with the existing and intended character of the surrounding area. D. Will the proposed uses not be hazardous or disturbing to existing or future neighboring uses; The Co.mmission and Council s.hould rely on public testimony to detennine whether or not the proposed use will be disturbing or hazardous to the neighboring uses. Staff does not anticipate that the proposed uses will be hazardous or disturbing to future or existing neighbors. E. Will the area be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed zoning amendment shall be able to provide adequately any of such services; Staff finds that the subject property can be served adequately by most essential public facilities and services. The Meridian Fire Department (Dep.uty Cl1ief Silva) does not allow anyon-street parking where the driveable surface of a street is below 29 feet (back-of-curb to back-of- curb). As alnended, the driveable surface is 30.5 feet (center-of-gutter to center-of-gutter - as measured by the MFD (see M.FD condition #1). Sanitary sewer service will be via l11ainline extensions froIn Razzherry Crossing subdivision~ Please review ACHD, Police and the Fire Department's comments concerning this subdivision for further information regarding public services and facilities. F. Will not create excessive additio.nal 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 additional requirements at public cost and that the annexation and zoning will not be detrilnental to the community's Alexandria SUbdiViSion - AZ-04-0 11 - .Findings Of Fact, conClUSions Of Law & DeCiSion and order page 2 of3 (..... .. econolnic welfare. G. Will the proposed uses not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; Staff finds that the proposed uses will create additional traffic, especially on Locust Grove Road. However, staff does not believe that th.e increase in traffic will be excessive. ACHD staff approved the revised plat (with conditions) on January 25, 2005. Staff does not anticipate that the proposed development will generate traffic, noise, smoke, odors or other nuisances that would be detrilnental to the general welfare of the surrounding area. H. Will the area have vehicular approaches to the property which shaD be so designed as not to create an interference with traffic aD surrounding public streets; Staff finds that the proposed vehicular ~p.proach to Locust Grove Road and the extensiOl1 of the two stub streets from Razzberry Crossing Subdivisio.n to tIle north should not appreciably interfere with traffic on the surrounding streets. The proposed closure of E. Green Haven Street where it connects to Locust Grove Road should .have a positive ilnpact on traffic flow o.n that arteriaL Ada County Highway District's comments should be considered when Inaking this finding. I. . Will not result in the destruction, loss or damage of a natural or scenic feature of major im.portance; and Staff finds that no natural or scenic features of Inajor importance will be lost or damaged by approval of this annexation request J. Is the proposed zoning amendme.nt in the best interest of the City of Meridian. (Ord. 592, 11-17-1992)" Stafffinds that the annexation of this property wo.uld be in the best interest of the City by providing a diversity ofllousing types and lot sizes in one of Me.ridian's designated Neighborhood Centers. Alexandria Subdivision - AZ-04-011 - FindingS Of Fact, ConClUSions Of Law & DeCiSion and Order page 3 of3 / " \.... .... . (: .. :- \" EXHIBIT F.2. Preliminary Plat Findings Alexandria Subdivision (File PP-04-017) The City Council hereby approves 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 Commission/Council shall consider the objectives of this title and at least theloilowing: a. The conformance of the subdivision with the Comprehensive Development Plan; As noted in. the Annexation and Zo.ning Findings, staff finds that the su.bdivision conforms with the intent of tIle Comprehensive Plan. b. The availability of public services to accommodate the proposed development; Stafffinds that public services are, or will be available to aCCOlTIlTIodate the proposed subdivision. The developer will pay for the construction of all services to the proposed .development c. The continuity of the proposed development w.ith the capital improvement program; Staff finds that the subdivision will not require the expenditure of capital improvement funds. The developer will extend all services to the subject property. d. The public fmancial capability of supporting services for the proposed development; Staff finds that tIle development will not require major expenditures for providing sup.porting services. The developer will extend all services to tIle subject property. e. The other health, safety or environmental problems that may be brought to the Commission's attention. Stafffinds there are no foreseeable healtll, safety or environmental problems that Inay result from construction of Alexandria Subdivision. AJexandria SUbdiviSion - PP-04-017 - FindingS Of Fact, conclUSions Of Law & DeCiSion and order page 1 Of 1 tOO ~ . (. . (' . ~.....: . . EXHIBIT F.3. Conditional Use Permit Findings Alexandria Subdivision (File CUP-04-01S) The City Council hereby approves the following analysis of required findings by staff: The Commission and Council shall review the particular facts and circumstances of each proposed conditional use in terms of the following and may approve a conditional Lise permit if they shallfind 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 S"ubject property's size of9~8 acres is large enough to accommodate the proposed residential development and all other required amenities and features. B. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; The current COffi.prehensive Plan Land Use Map designates the property as Mixed Use - Neighborhood~ The .proposed residential uses are harmonious with and in accordance with tIle Co.mprehensive Plall. T.he .project meets the requirements and objectives of the Planned Developme.nt Ordinance. 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; Stafffinds that the proposed uses will be compatible with other uses in the general neighborhood and the existing and intended character of the general vicinity. D. That the proposed use, if it complies with aU conditions of the approval imposed, will not adversely affect other property in the vicinity; Staff does not anticipate that the proposed project will have an adverse impact on the surrounding .pro:perty; however, the Commissio.ll and Council sllould COl1sider any testimony given at the public .hearings 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 Alexandria SUbdiViSion - CUP-04-015 - FindingS Of Fact, conClUSions Of Law & DeCiSion and order page 1 of2 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 the proposed d.evelopment can be adequately served by essential public facilities including: streets, police and fire protection, drainage structures, refuse disposal, water and sewer. F. That the proposed use will not create excessive additional requirements at .public cost for public facilities and services and will not be detrim.ental to the economic welfare of the community; Staff finds that the pro.posed use would. not be detrimental to the economic welfare of the community, nor would it create the need for any new facilities or services to .be paid for by the public. 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; Stafffinds that no excessive traffic, .noise, smoke, fumes, glare or odors will result from the proposed commercial and residential uses. H. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; Staff finds that the proposed use will not create significant interference with any traffic on tIle surrounding public streets. To prevent traffic hazards and interference on Green Haven, parking should only be permitted on one side of the street The Co.un.cil and Commission should refer to the ACHD report for additional information concerning this finding~ I. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. Staff does not find that any natural or scenic feature will be lost, damaged or destroyed by issuance of this conditio.nal use. Alexandria SUbdiviSion - CUP-04-015 - FindingS Of Fact, conClUSions Of Law & DeCiSion and order page 2 of2 t . \~ .. /~.;........... t.. . EXHIBIT G Alexandria Subdivision (PP-04-017, CUP-04-015) Approved Street Sections ~Li -2~" RCHl-Or-WAi' 0: 1!;1lMf; l"~ ACC(Sl tASE:~(~ lASt COlPtSt - .. · OF 1.~.P>W.~4;~~ ;J: EAST GREEN HAVEN SmEET SEcnON (30<5~ BACK TO 8ACJ<) NOl lO StAle NO~[, A fa foo ruse ~~T .-bJAC!.N'1 10 TtiE AAO,arr'r L~'" ( SKaLl oc H[5(N~O t)N ,~t( f.-aAL PlAl roo pucuc unt.na::,S A.\lO S:1O(WAl~ $I&::Jt/1OlR ~5nt[~' TYPICAL 50' ROAD SI::CTION 1 . l).... ftOllm c lJIta AAU wn ER "iIT~ s- ''-5 l "'[R l s~ P ..... C. JifC NO. 1)0- 702 1-10 ~ 10 SCAl[ DU.r;t I[D AC&A'[CAl [ MK COVRS( - 2. y~ ~ 'H-C<.~'~ 5 U~ 0:( q- srotWAt'l. J.J OT[; Ai. lO roar [A5[W CMl AOJ'.C(N 1 10 fl-i [ p~ aP[~TY U~[ SHN.J.. It ~( ir.wr D ow n-tC: r ~ l7lAl f ~ P1...:0LlC l/f~Lna AND S iOl. WAL~ St1OtitO(R [.UEUE N , 1'tPICAL 42- ROAD SECTION J- ~t L U C'JRO :Ah""fJ c: uneR W~'H I" eASe pr t 5 }Ii W C DfIt'C~ NO-. SO... '0 1 HOT 10 SCAk.[ ! , , 5l&..d 8~~, Y''tlN.; 1."""-1l'. 'II t..._"'.. -~ . .~.~. n-.~, I -w:.. rn. ...,.............,. ... )C....: .... .-J 1i...:II.... (.>>It .'!I......,~ =... DAT: : &Z I2r APPROVED As SUB o APPROVED WflH ^ o NOT APPROVED (~....: tV. . \~.. .. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of a request to rezone 0.249 acres from R-8 (Medium Density Residential) to Q-T (Old Town) and for a Conditional Use Permit for a new Office/Retail Building in a Proposed O-T Zone, by Robert Monson Case No(s): RZ-OS-OOl, CUP-05-001 For the City Council Hearing Date of: March. 8,2005 A. Fin.din.gs of Fact 1. Hearing Facts a. A notice of a .public hearing was published for two (2) co.nsecutive weeks prior to the City Council public hearing, the first publicatio.n ~ppearing and written 110tice mailed to property owners or purchasers of record within three .hun.dred feet (300') of the external boundaries of the property. TIle 110tice of pu.blic l1earing before the City COllncil was posted upon the pro.perty u.nd.er co.nsideration more than one week before said hea.ri.ngK All other noticing was done consistent with Idaho Code 967- 6509. The matter was d.uly co.nsidered by the City COUI1Cil at the Fe.bruary 3,2005, public hearing(s). The applicant, affected. .property ow.ners, and government subdivisions .providing services within the planningjurisdictiol1 of the City of Meridial1 were given full OPPoltunity to express comments and. sub.mit evidence. b. Written an.d oral testimony was received on tllis matter, as reflected in the records of the City Clerk (for written. testimo.ny) and in tile official meeting minlltes (for oral testim.ony). c. The Plalll1ing and. Zoning Conunission conducted a public l1earing and issued. a w.o tt en. recomm.endation on the su.bject matter to the City Cou.nciL d~ TIle City COUI1Cil heard and. took oral and written testimony and. d.u.ly considered th.e evid.ellce and. the record in this .matter. 2.. Process Facts a~ Tllere l1as .been compliance with all.notice and l1earing requirenlents set fortl1 ill Idaho Code 967-6509, 6512, and Meridian City Code 99 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit ofPu.blication and. Proof of Posting filed with the staff report. 3. Application and Property Facts CITY OF MERIDIAN FINDINGS OF FA.CT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NOeS). RZ-OS-OOI CUP-OS-OOl - PAGE 1 of4 { \ (,... a~ In addition to the a.pplication al1d property facts noted in the staff report an.d the PIallning & Zoning ReCOlTI.m.endatioll for the sllbject ~pplication.(s), it is l1ereby verified. that the property owner( s) of record. at the time of issuance of these findings is Robert Mo.nso.n. 4~ Required Findings per Zoning and Subdivision Ordinance a. See Exhibit DIE for the fin.dings required for this application. B. COI1Clus1.ons of Law 1. T.he City of Meridian shall exercise the powers con.ferred. u.pon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idal10 Cod.e (I.e. ~67- 6503). 2~ The Meridian City Coun.cil takes judicial 110tice of its Zoning, Subdivision alld Develop.ment Ordinances codified at Titles 11 and 12, Meri.dian City Code, and all current zoning maps tllereof. The City of Meridian has, by ordinance, established. tIle Impact Area and. the Ame11ded Comprehensive PlaIl of tIle City of Meridian, whicl1 was adopted August 6,2002, Resolution No. 02-382 and Maps~ 3. The conditions shall be reviewable .by the City Cou.ucil pu.rsu.allt to Meridian City Code S 11-17 -9. 4. Due c0.11sideration has beell given to tIle comment( s) received from the govenunelltal subdivisio.ns providing services in the City of Meridian .planningjurisdiction~ 5. It is fou.nd public facilities and services requ.ired by the proposed development will not impose expel1se u.pon the pu.blic if the attach.ed cOD.ditions of approval are imposed.~ 6. That the City .has granted an order of approval i.n accordal1ce witll this Decision, w.hich shall be signed by tIle Mayor and City Clerk and then a copy served by the Clerk ll.PO.D. th.e applicant, the Planning and Zoning .Department, tIle Public Works Department and any affected party reqllesting notice. 7. That this approval is subject to tIle Legal Descriptio!l in Exhibit A, the Site Plan dated. February 3, 2005 as shown in Exhibit B, and tIle Site Specific an.d Gen.eral Comments/Conditions in Exhibit C. The conditiol1S are co.ncluded to be reasonable and tIle applical1t shall .meet such requirements as a co.nd.itiol1 of approval of the application. c. Decision and Ord.er Pursuant to the City Council's authority as provid.ed ill Meridian City Code S 12-3-5 al1d based upon tIle above and foregoing Findings of Fact whicl1. are herein. ado.pted, it is hereby ord.ered. that: 1. The ap:plicant's CUP Site Plan as evidenced by having submitted the site plan dated February 3, 2005 is hereby conditionally approved; and CITY OF MERIDI.AN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NOeS). RZ-OS-OOl CUP-OS-OOI - PAGE 2 of4 t 2. The Site Specific an.d Standard Comm.ents are as shown in Exhibit C. D. .Notice of Ap.plicable Time Limits 1. Notice of Eighteen (18) Month Con.ditional Use Pennit Duration Please take n.otice that the condition.al use permit shall be valid for a maximum period of eighteen (18) ..months ul11ess otllerwise approved by the council. During this tim.e, th.e permit holder luust commence the use as permitted in accordance with. the conditio.ns of ~p.proval, satisfy the requirem.ents set forth in tIle conditiollS of approval, acquire building perm.its an.d com.ID.en.ce construction of permanent footings or structures on or in the ground. In this context "structures" shall include sewer an.d water lin.es, streets or building construction. The applicant has specified in. the application. and to the COffiluission and C01IllCil a constru.ction scl1edule and completiol1 date for the project. lfthe completion date specified for the project is exceeded, the co.ndition.al use application shall become null and void. However, the applicant may su.bmit an applicatio.n for a time extension on t]le project for city cou,n.cil review~ TIle application for time extenS1.011 sllal1 be submitted at least thirty (30) days prior to the deadline for completion of tIle project. For projects requirin.g plattin.g, the final plat must be recorded within this eighteen (18) montll period~ For projects with mllltiple phases, the eightee.n (18) .month deadline s.hall apply to the first phase. In the event that the developme.nt is Inade in sllccessive contigllOUS segments or .multiple phases, such phases sIlall be constnlcted with.in. successive intervals of one year from the origin.al date of approval by the council. If the successive phases are not submitted. within Olle year intervals, the conditio.nal ap.proval of the future ph.ases shall be filllI and void. (MCC 11-17-4~B..) E. Notice of Final Action and Right to Regulatory Takings Analysis 1. Th.e Applicant is hereby notified tllat pursu.ant to Idah.o Code 67-8003, the Owner may reqllest a regulatory taking analysis. Such request must be in writing, and. must be filed with tIle City Clerk .not more than twenty-eight (28) days after tIle final decision co.nceming the matter at issue. A request for a regulatory takings allalysis will toll the time period. within whicll a Petition for Judicial Review may be filed. 2. Please take notice tllat this is a final action ofth.e goverlling body of the City of Meridian, .pursuant to Idah.o Code 9 67-6521 an affected. .perSOll beil1g a person who has all interest in real property Wllich may be adversely affected by the issuance or denial of the conditional use permit approval may within twel1ty-eight (28) days after the date of this decision and order seek a judicial review as .provided by Ch.apter 52, Title 67, Idaho Code~ F. Exhibits Exhibit A: Legal Description Exhibit B: Approved Site Plan CUP Exhibit C: Site Specific and Standard Comm.ents CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LA W AND DECISION & ORDER CASE NOeS). RZ-OS-OO 1 cup-as-~o 1 - P AG E 3 Of 4 { ( Exhibit D: Zonin.g Amendment Findil1gs Exhibit E: Conditional Use Permit Findings By action of the City Cou.ncil at its regular meeting held o.n the <D41- mo.rr n , 2005. day of COUNCIL MEMBER SHAUN WARDLE VOTED CO.UNCIL MEMBER CHRISTINE DONNELL VOTED ~ COUNCIL MEMBER CHARLIE ROUNTREE VOTED COUNCIL MEMBER I<'EITH BIRD VOTED ~ MAYOR TAMMY de WEERD (TIE BREAKER) VOTED Attest: alld City Attorney. By: City Clerk's Office Dated: 3... d l - DS CITY OF MERIDIAN FINDINGS OF oFACT, CONCLUSIONS OF LAW AND DECISION & ORoOER CASE NO(S). RZ-OS-OO] CUP-OS-OO I - PAGE 4 Of 4 (:"" . ( \.. EXHIBIT A Robert Monson RZ-05-001 CUP-05-001 Legal Description ADA coum "!CCMDDl ~Ir OlV1D IIlVAMO lOtI! IDAtIt _ 14:43 PM tffU1Y IaIt tllriIllo ftlCOlVS -ftEGOO Of IttwwtTltk ~ AIlOUI<< J ~tt1 II IIIIIIIIIIIIUI810 11.0 104899601 r-stewart . L-.: tItkJ of bolsa 6i1,J tfQ~8q e1e:rs WARRANTY DEED For 'Y111ue received Harry D Burke and Bernice S Burke, hU5band and wife. who acquired title as Harry .0 B urkc (no vesting) I the Grantor. hereby gran.l/ii, bargains. scl1s,t conveys and warrants unto Robert J Monson nnd Tatyana V Fcderova,. husband and wife. husband and wife the Grantee, whose cunent address is 10488 Seneca Drive, Boise. ID 83709 the following described 1)n,~1iSC3:t to vril; See "EDibie A)' a1tacbed bereto Parcel Number: R932375oo08 SUBJECT TO~ Cunent Genem1 Taxes, a. Hen in the process of assessmentsJ not yet due or payable. Eascments~ restrictions; .reservations" provisions of record" and assessments, ifany. TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said GranteeJ their heirs and nssigns forever. And tile said Gmntor dOC$, hereby covenant to and with the said Gnlntee. that it is the owner in fee simple of said premises. that said premises are .free from aU encumbrances and that hewiU wmT8J1t and defend the same from aU lawful claims whatsoever t Ahh,a ~5.Il/PI~ Bernice S BUIke 5t.twate Title of BcUct Ine.. FU~ N...~ 'D309!gejfJbf W~t)r Deed - (Jttdi"Vhfu.tJ) ~ I iJ(] 3 I. f\ EXHIBIT '" AU The East halfo(Lot it in Block 1 ofWcst View Addition) According to the official Platthereof~ filed in Book 2 of Plats at Poge 68, rtOOrds .of Ada County,. Idaho, EXCEPTING that pom<m deerlcd to Ada County Highway District by Wammty Deed recorded Janwuy 16. 1998 as Instrument No~ 98003706 and further corrected by affidavit recorded April ) 0, 1998 as Instrument No. 98033419~ records of Ada CQunty, Idaho. ,.1... \- ~., ~ ~ :S~1Il Tkk of"BoIsc; lnt.. File NlmlM:r: 4DJ0989Q~r WIltMty Deed 4K (fudiriduDl) Pap 1 af3 > ~ .i~ t. 3 :<E" i ~'. ~ :. ~: :: ~...._. ~~J~".~0..".~~~1 I ~. L. ,._~ , f ~ l.:~ I . ( · i ~,). } . ~ 1.~ i ~~:=.~:~.~.'.~~l... .~Jir ~ ".n. ,r . f . 3 .... ~.~'.~. .... ~. ~ (' ....a t I ~'~~'."'. ........ ..,_.~. I }i ;: ~ ",,, ~ ~~ ~\ : UJ .,. .... ~ ..,~ ~~ j j /) .. .-, ~,' t r( / - ~'.~(.: .0'1 ~ ..... f · ~. ""'TI~ "~,.,~:m!~_~~,~_~"""......_~ . _ I. t... (....~~:...;~,. ., ~ -'10'" ? ~ t.^/" ~ ~$;>)~' ~ ~ ',,- '~ ~f.f I 'tR; " l[(.~:::.:. :.~'L. . ~\~. · .~~~^::.:.~~.~>' ;~ i ~ -'~"I ~~,; '\,i ~~ ,r. r~. ~ ~: ~. · ~ r; . '/ ~, -.... I J ~I t . , ~. ,.. lL-.......-.-. ~--r.L.'_.". .. _. .. {, ~ l L.' I ~~-"" \ '. ::.~. . ~I' >-.,-;....:' '\.\~~~ ;1 ~ .l .~ ..,;:1. .. ~L_ . ~' !~~:=~l]~.f':~'~:. ~;il~} "',: ~""'..... ~.. l ... 'I _ ~I-' · !I' I~ r .,...\. , ./'I~.~'II~~I. (~~~-> ~~ p~'.'_: .~~. 1. . .~.~;...... ....y.~~; ; ..: jll~lJ~~Il\l II ~$. I ~ .r .. .. .:<<"' - . · .~. f.~I~r~UI~~t'. ~j 1~~. \\.....,../ ~:~;,1~1~1;~11'1 !l),:~.....~.~':.."'.i..~.) ~~ ~ f :....~ I [. ~ " ~<,~J:t1~~ ~ r..I*ll ~. . ~ ~ ~ ~-); t I.... : ,~.>.~,..___r i ~ . ~ . l~. ~~...~~ ~ r l~ f t- '-.. .. t.~ n I I h [ \, ;.. '; : l"~ Il I .. ~ I - r...',..::.,,;. I - - \J it: ~,~ .';~(/~~: ~~~ ~ .1 : , -, ~- ""'.':0.1"" ,-. L.~ (\~ ... 'I.( ~ .. . J . I u ,.~ ~. Rl ri<t-h :.!f J '.. _ ! ~~ I I ~ 1....1 It ~ : l~ i I ~ If I [ II :~~ l~n )Sr- I~~ '1jZ 8~ ~.{ Rob-t1t Monsen Officel Retail Rezone & Conditional Use 895 tt l'lff1dian Roo d~ Meritfa rl! rd~J~~ 8"1...-642 ~: i- ~ : ~~~~~ ;~ ,} ~:r~ ~tB. ~ g- ~ :' ~ ~~ (-. EXHIBIT C Robert Monson RZ-05-001 CUP-05-001 Site Specific and Standard Comments SITE SPECIFIC COMMENTS (Rezone) 1. The legal description submitted with the application is accurate and meets the requirel11ellts of the City of Meridian and State Tax Conunission. 2. The subject pro.perty is within the Urban Services Planning Area. 3. A Development Agreement will not .be necessary with this rezone. All conditions of approval will be made as part of the con.ditioD.al use pennit. CONDITIONS OF APPROVAL (CUP) 1. The building and site il11provements shall be constnlcted per the approved plans with all modifications required .by this applicatiol1. 2. The project is approved for a maximu.m of 1,399 total sq.llare feet of COffilTI.ercial use. The ratio of office to retail use shall not exceed the parkin.g requirements per MCC 11-13-5(2) and shall adh.ere to the provisio.ns stated in 11-13-5(7)~ 3. The front setback o.n the property alol1g Meridian. Road shall be 30 feet per the L- a zone stand.ards for arterial streets contained in the Zo.ning Schedule of Bulk and Coverage Controls in MCC 11-9-1. 4. The applicant shall be prol1ibited from utilizing the basement for the retail and office uses, due to the inability to provide any further parkin.g on the site to meet the requirements of MCC 11-13-5. If additional off-street parkin.g designated for this property is provided in th.e future, the base.tnent may be co.nverted as lon.g as all Meridian City Codes in effect at the tilTI.e can be lnet. 5~ The applicant shall revise th.e site .plan to s.b.ow the requested. right-of-way dedication and easement, alld su.bmit 10 copies of the revised plan to the City Clerk's office at least 10 days .prior to the next llearing on this application. 6. Meridian City Cod.e .requires tllat this site be served witll an automatic u.ndergrou.nd irrigatio.n syste.m.. Use of 11on-potable irrigatio.n water is req.u.ired wilen determined to be available by the City Public Works Department as regulated by City Ordinance 9-1-28. 7. One (1) freestandin.g sign is approved as included in. ap.plicatiol1. At such time that the Ada County Highway District acquires expanded right-of-way along (" (... . Meridian Road on. the subject .property, th.e freestanding sign shall be moved at the owner's expense. 8. Sanitary sewer and water service shall be from the city of Meridian's existing systems adjace.nt to the site. Upgrading of existing service lines may be necessary to provide a level of service different from a residential use. 9. The buffers between land uses and street buffers are ~pproved per the dimensions shown on the approved. site/landscape plan. The applicant shall worl( with C:ity staff to determine any additional plantings to be required thro.ugh Alternative Com.pliance. 10. This con.ditional use permit shall be subject to the expiration provisions set forth in MCC 11-17-4.B. 11. All. parallel parkillg stalls shall be at least 9 feet wid.e and 23 feet l011g per Ord.inance 11-13-4.F. All drive aisles adjacent to .parallel parkil1g sh.all be at least 12 feet wide. 12. The existing Black Locust tree proposed for removal m.ay be removed without mitigation. 13. All parking and drive aisles shall be paved for all uses, in cOlnpliance with tIle su.bmitted plans. Handicap parking spaces shall be signed al1d striped in compliance with Fed.eral accessibility g.uidelines. 14. All exterior lig11ting, wlleth.er attaclled to the building or located within th.e parking lot, shall be down-sllield.ed or otherwise altered so that th.e light d.oes not spillover onto adjacent prope.rties or right-of-way. All parkillg lot lighting shall be in accordance with Ordinance 11-13 -4C. 15. All signage s.11all be in accordance with the stand.ards set fortIl ill this report and Sectio.n 11-14 of the City Zoning and Development Ordinance~ All signage shall require separate sign permit(s)~ 16. All COl1struction and site improvements sllall conform to the requirements of tIle Americans with. Disabilities Act and tIle adopted. .building and fire codes. 17. A drainage plan designed by a State of Idaho licensed architect or ellgineer is required and shall be submitted to the City Engineer (Ord~ 557, 10-1-91) for all off-street parkin.g areas. Storm water treatment and disposal .must be designed in accordance with Department of Environm.ental Quality 1997 .pu.blication Catalog of Stann Water Best Management Practices for Idallo Cities and Counties an.d City of Meridian stand.ards and policies. Off-site disposal into surface water is prohibited ullles~ the jurisdiction whicl1 has autllority over the receivin.g stream .provides written authorization prior to d.evelopment plan approvaL Th.e applicant is responsible for filing all necessary applications with tb.e Idaho Department of Water Resources regarding Shallow Inj ection Wells. 18. Certificate of Occupancy; All required improvelnellts must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occ.upancy may be obtain.ed by providing surety to the City in the foml of a letter of cred.i t or cash in the arnall.TIt of 11 0% 0 f the cost of the req.u.ired improvements (includil1g :paving, stri.ping, landscaping, an.d ilTigation). A bid must accompal1Y an.y request for temporary occu:pancy. Fire Department Comment: 1. Acceptance of the water supply for fire protectio.n will be by the Meridian Water Department 2. Final Approval of the fire h.ydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 Y2" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrallt markers sllall be provided per P.ublic Works spec. d. Locations with fire hydrants s.hall have the curb painted red. 10' to each side of the hydra.nt location. e~ Fire Hydrants sllall be placed on comers. f. Fire hyd.rants shall not have any vertical obstructions to outlets within 10'. 3 . Build.ing setbacks shall be per the Building Code for 011e an.d two story constructiol1. 4. Co.mlnercial and office occupancies will require a :fire-flow consistent with the Inteulational Fire Code to service the pro.posed project. Fire hydrants shall be placed an average of 300' apart. 5. Maintain a separatioll of5' from the building to the dumpster enclosure. 6. Provid.e a Knoxbox entry system for the complex. 7. The first digit of the Apartnlent/Office Suite shall correspon.d to the floor level. 8~ Please contact the Fire Marshal at 888-1234 to work s.pecific issues associated with this project. Sanitary Services Comment: 1. Prior to issuance of a Certifi.cate of Zo.ning Co.mpliallce, the applicant shall submit an approved site plan from sse. Police Department Comment: 1. T.he Police Department l1as .no concerns related to tIle site design submitted with the application. Parks Department Comment: 1. The Parks Department has no concerns with the site design as submitted with the app Ii cati 0 11~ ACHD COMM.ENTS: A CHD Special Reco/11Jnendation to the City of Meridian The City of Meridian and the Ada COllnty Hig.hway District are presently completing a jointly fund.ed Downtown Meri.d.ian Trans.portation Im.provement Plan. Once tIle study is conlplete, the study will provid.e a recoIDl11endation that Meri.dian. Road will either be a five-lane (96-feet of total rigllt-of-way, 48-feet from centerlil1e) or a three-lane facility (70-feet of total right-of-way, 35-feet frOlTI centerline) south of tIle railroad tracks. For this development, th.e District recommends that tIle City ensure that any structures or perlnanent landscaping featu.res (i.e. trees) be set back far enough to accom.modate either roadway secti on. A CHD Site Specific ConditioflS of Approval l~ Dedicate 42-feet ofrigb.t-of-way from. the centerline of Meridian Road abutting th.e parcel by mea.ns of a warrallty d.eed. The right-of-way purchase and sale agreeme.nt and deed must be com.pleted. and sign.ed by the applicant pri.or to scl1eduling the final plat for signature by the ACHD COlnmission or prior to issuance of a building penn.it (or other required permits), whichever OCC1ITS first. Allow u.p to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair Inarket value of tIle right-of-way ded.icated which. is an addit.ion to existing ACHD right-of-way if the QWl1e.r subnlits a letter of application to the impact fee administrator prior to breaking ground, in accordance with tIle ACHD Ordinance in effect at that tim.e (currently Ord.inallce #200), if fun.ds are availa.ble~ 2. Construct a I3-foot wide .right-out ONLY curb retu.TI1 type driveway (15-foot curb radii Ininimum) th.at intersects Meridian Road at the SOllth property line, approximately 65-feet soutll of Pine Avenue (measured fro.m curb lille to .near C.: ... ...~ . . edge)~ Pave the driveway .its full width of I3-feet and 30-feet into the site beyond the edge of Meridian Road~ Provide adequate signage to restrict this driveway to a right-out ONLY and designate as "DO NOT ENTER"~ 3. Construct a 13-foot wide right-in/left in curb return type driveway (15-foot curb radii minimum) that intersects Pine Avenue approximately 120-feet west of Meridian Road (measured from cllrb line to near edge). Pave the driveway its full width of 13-feet and 3D-feet .into the site beyond the edge afPine Avenue. Provide adequate signage to restrict this driveway to a right-in/left-in ONLY alld designate as "ENTRANCE". 4. Relocate allY existing irrigatiol1 facilities outside of the right-of-way. 5. Other than. the access points tllat have specifically been approved witll this application, direct lot access to Pine Avenue and Mer.idian Road is prohibited~ 6. Comply with all Standard Conditio:ns of Approval. A CHD Stanclard Conditions of Approval 1. Any existing irrigation facilities shall.be relocated outside ofth.e right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. .Replace any existing damaged curb, gutter an.d sidewalk and any that .may be damaged during the constnlction of the proposed development. Contact Constnlction Services at 387-6280 (Witll file nu.mber) for details. 4. Utility street c.uts in pavement less than five years old are not allowed llnless approved in writing by the District. Co.ntact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved s.upplel1lents, Construction Services procedures and all ap.plicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idallo s.hall prepare and certify all improvetnent .plans~ 6. The applicant shall submit revised plans for staff approval, prior to issuance of buildin.g .permit (or other required permits), whicll iJlcorporates any req.uired design changes. 7. Construction, use and pro:perty deve10pment shall be in conformance witll all applicable requirements of the Ada Cou:nty Highway District prior to District approval for occupancy. i t\.. 8. Payment of ap.plicable road impact fees are required. prior to building construction in accordance witll Ordinance #200, also known as Ada County Highway District Road. hnpact Fee Ordin.ance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. TIle ~pplicant at 0.0 cost to ACHD sh.all repair existing utilities damaged by the applicant. TIle applicant shall be required to call DIGLINE (1- 800-342-1585) at least two full business days prior to breaking grou.nd within ACHD right-of-way. The ~pplicant shall contact ACHD Traffic Operations 387- 6190 in the event any ACHD con.d.uits (spare or filled) are compromised d.u.ring any phase of constructioll. 10. No change ill the terms and con.ditiol1S oftl1is approval shall be valid u.nless they are in writing a.nd signed by tile applicant or the applicant's alltllorized representative and an aut.llorized representative of the Ad.a County Highway District. TIle burde.n shall be upon the applicant to obtain writte.n confirluation of an.y change from the Ada Cou.nty Higllway District. 11. Any c.hange by the ap:plicallt in the .planned use of the property which is the subject of this application, shall require the applicant to cOlnply with alllules, reg.ulations, ordil1ances, plans, or other regulatory and. legal restrictions ill force at the time tIle applicant or its SlLccessors in interest advises the Hi.ghway District of its intent to change the plalmed use of tIle subject prope11y unless a waiver/varial1ce of said req.uirements or otller legal relief is granted pursuant to the law in effect at the time the change in use is sou.ght. ( c... . EXHIBIT D Robert Monson RZ-05-001 CUP-05-001 Required Findings for Zoning Amendment STANDARDS FOR ZONING AMENDMENT The C0l111nission and Council shall review the particularfacts and CirClUJ1stances of each proposed zoning anzendnzent in terJllS ofthefollowing standards and shallfind adequate evidence answering the following questions about the proposed zoning al11end/nent (11-15-11).' A. Will the new zoning be harmonious with and in accordance with the Comprehensive Plan and, if not, has there been an application for a Comprehensive plan amendment; Staff finds that the requ.ested Old Town. (0- T) zoning designation is ill accord with tIle Comprehensive PIan.'s Future Land Use Map, which d.elineates the subject property as "Old-Town". The text of the Comprellensive Plan (page 99) supports a variety of u.ses in the 0- T Z011e, including offices and. retaiL In ad.dition, it states, "In order to provide an.d acco.m.modate preservatio.n of the historical character, specific desig.n requirements lTI.ay be imposed. Pedestr.ian amenities WOllld. be emphasized." B. Is the area included in the zoning amendment intended to be re-zoned in the future; Staff finds tllat the .proposed. re-zone an.d accompanying develop.me-Ilt plal1s comply with the requested zone and staff does 110t antici.pate that tl1e pro.pe.rty will be rezoned in the future. c. Is the area included in the zoning amendment intended to be developed in the fashion tlIat would be allowed under the new zoning; Staff finds that the applicant has sublnitted. detailed d.evelopment plans for a COl1ditiol1al Use Permit for the pro.perty. Staff further finds that the proposed office/retail use will only be allowed with t11e ap.proval of a Conditional Use Permit in the proposed Q-T ZOlle. 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 Comprehe.nsive Plan has provided the applicant witll the ability to request the 0- T zon.e for the su.bject property. Mue11 of Meridian Road has already redeveloped from residential to office or commercial uses. ( E. Will the proposed uses be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; Staff finds that the proposed develop.ment is designed in a Inanner tllat will be halIDonious wit.h and 3:p.propriate in appearance with the existing neighborhood.. The proposed office/commercial use will.be in ha.rmony with. the intended uses in Old Town. F~ Will not be hazardous or disturbing to existing or future neighboring uses; Staff finds that the requested rezon.e should not be distllrbing to existing or future neighboring uses. Through the camp plan process, the City determin.ed that co.mpact, infill develo.pment is appropriate for tIle area. Any future cllange of use on the property that may have a significant im.pact o.n the surrounding pro.perties will req.uire conditional use approval llnder currel1t ordinances, and adjoining property owners will have an opportunity to comment. Staff anti.cipates that the proposed office/retail bllilding use will .not be hazardo.us or disturbing to the .neigh.bo.ring u.ses. The Commission and COllncil Sllould consider all public testimony, oral and written, before making this fil1ding. G. Will be served adequately by essential public facilities and services such as highways, street, police, and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such service; Staff finds that tIle pro:posed uses can be adequately served by all essential public services and facilities. Drainage will n.eed to be retained on site. H. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; Staff finds that tile requested uses will not create excessive additional requirelnents at public costs for pu.blic facilities and services. Additio.nally, staff finds that the proposed rezo.ne wo.uld not be detrimental to the ecollomic welfare of the community. I. Will not involve uses, activities, processes, materials, equipment, alld conditions that will be detrimental to any .persons, property, or general welfare by reason of excessive productlon of traffic, noise, smoke, fu.mes, glare or odors; (. Staff finds that the proposed 0- T zoning designation of the pro.perty does not in11erel1tly allow uses that will generate activities, processes, materials, equipment, and conditions t.hat are detrimental to the general welfare of the co nun.un ity. J. Will have vehicular approaches to the pro.perty which shall be so designed as not to create an interference with traffic on surrounding public streets; Staff finds that the proposed 0- T zoning will 110t interfere with general traffic patterns on any public streets. Please refer to the revised 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 110 natural or scenic features will be lost or damaged. .by the proj eeL L. Is the proposed zoning amendment in the best illterest 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 witll0Ut the rezone. t (".. . EXHIBIT E Robert Monson RZ-OS-OOl CUP-05-001 Required Findings for Conditional Use Permit STANDARDS FOR CONDITIONAL USES TIle Commission and Council shall review the particular facts and circumstances of each proposed conditional use in terms of the following, and may approve a conditional use permit if they shall find evidence presented at the hearing(s) is adequate to establish (11-17-3): A. That the site is large enough to accommodate the pro.posed use and all yards, open spaces, parking, landscaping and other features as may be required by this ordinance; The applicant is proposing 599 s.f. of retail and 800 S.L of office space. Ordinance requires one (1) off-street parking space per 400 s.f: for professional offices and one (1) off-street .parking space per 200 s.f for retail uses. Thus, the project requires two (2) spaces for the office use and three (3) s.paces for t.he retail use. Five (5) spaces are provided per the site plan. City Council is aware tllat tIle structure has a baSe.lnel1t which is not included. in th.e 1399 square feet of proposed. office alld retail space~ The applicant shall be pro.hibited from utilizing tIle basement for the retail and. office uses, d.ue to the in.ability to :provide any further parl<ing on. the site to m.eet the requirements ofMCC 11-13-5. TIle required. landscape .bllffer between the proposed retail/office use and the resid.en.ce to the south is 20-feet. The applicant can only provid.e approximately 4- feet of width due to site constraints and required parking located along th.e south side of the proposed drive aisle. In additiol1, Meridian City Code reqllires that within three (3) years, sixty percent (60%) or more of th.e vertical surface is closed and. prevents the passage of vision thrOllgh .it. There are existing, health.y trees and large shrubs along tIle south property line which lie on the adjacent property, and create a screen between th.e properties. T.he applicant is also :proposing to construct a 6-foot cedar fence alol1g tIle south property line. Staff supports alternative compliance, provided that the applicant work witll staff to determine what, if any, additional plantings shall be req.uired along the south property line. The required landscape buffer between tIle proposed retail/office use and. tb.e resid.ence to the west is 20-feet. The applical1t can only provide approximately 6- feet of width du.e to site constraillts and the proposed drive aisle. In addition, Meridian City Code requires that within three (3) years, sixty percent (60%) or more of the vert.ical surface is closed and prevents the passage of visiol1 throu.gh. it. There is an existing large tree along tIle west property line which is .pro:posed ;;... .. (. ( to remain. The applicant is also proposin.g to constru.ct a 6-foot cedar fence along the west property line and add two (2) trees. Staff supports alternative compliance, provided that the applicant work with staff to determine what, if any, additional plantings shall be required alol1g the west property line. City Cou.ncil finds that the subj ect property) as d.epicted, is large enougll to accomm.odate the required parl<ing, open spaces al1d la.ndscap:i.ng required by the ordinal1ce for an office and retail lise, as long as the buffers between land. uses are approved u.nder alternative compliance. A6 That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; The current COlnpreh.e.nsive Plan Land Use Map d.esignates th.e .property as Old Town. Staff finds that if tbe modifications required ill this report are do.ne, the applicatio:n will meet the requirements of tIle Platmed Developm.ent and. other Zo.ning Ordinances. See items A an.d. C under the Zonin.g Amendluent Analysis. B. 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 adversel.y change the essential character of the same area; City Council finds tIle design concept to be compatible witlI tIle intended character of the- area. See item E llnder the Zonin.g Amendment A11alysis. C6 That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicillity; City Council does not anticipate tllat tIle proposed developluent will have all adverse im:pact on the surrou.nding :property. However, the Co.mlnission alld Cou.ncil should consider any testimollY given at the p.uhlic hearings before malcillg t]lis finding. D. 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 suc.b services; See COlnments under the Zoning Amendment Finding G. E6 That the proposed use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; ( See co.mments under the Zoning Amel1dment Finding H~ F. 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 com.ments under the Zoning Amend.ment Finding I. G. 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 comm.ents under the Zoning Amendment Finding J. :H. 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 comments u.nder the Zoning Amendm.ent Finding K. ( CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In tIle Matter of a request to rezone 0.249 acres from R-8 (Medium Density Residential) to O-T (Old Town) and for a Conditional Use Permit for a new Office/Retail Building in a Proposed 0- T Zone, by Robert Monson Case No(s): RZ-05-001, CUP-05-DOl For the City Council Hearing Date of: March 8,2005 A. Findings of Fact 1. Hearing Facts a. A notice of a public hearing was publish.ed for two (2) co.nsecutive weeks .prior to the City Council public hearin.g, the first publication appearing and written 110tice Inailed. to .property owners or purchasers of record within three l1undred feet (300') of the external boundaries of tIle property. TIle not.ice of public hearil1g before the City Council was posted. upon the .pro:perty llnder consideration more than one week before said hearing. All otller noticing was done consiste.nt with Idah.o Code 967- 6509. T.he ill.atter was du.ly co.nsid.ered by the City COUI1Cil at the February 3,2005, pu'-blic hearil1g(s). The applicallt, affected :property owners, and govermnent su.bdivisio.ns provi.ding services within the planning jurisdiction of the City of Meridial1 were given full. O:pportllnity to express comments and sub.mit evidence. b. Writtel1 and oral testimony was received on this Inatter, as reflected in the records of tIle City Clerk (for wlitten testimo.ny) and in the official meeting minutes (for oral testimony). c. TIle Planning and Z011illg Comm.ission conducted. a public hearing and issued a written recommel1datio.n. on the subject matter to tIle City Council. d. The City Coun.cil heard and took oral and written testimony and duly cOD.sidered the evidence and the record in this matter. 2. Process Facts a. Tllere has been compliance witll all notice an.d hearillg requirements set fortIl in Idaho Code 967-6509,6512, and Meridian City Code ~9 11-15-5 and. 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit ofPublicat.ion and Proof of Posting filed with the staff report. 3. Application al1d Property Facts CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AN.D DEeIS.ION & ORDE.R CASE NO(S). RZ-OS-OO] CUP-OS-OO I - P AG E 1 Of 4 (" / \ a. III addition to th.e application and .property facts noted ill the staffreport and tIle Planning &'Zoning Reco.nunendation for the subject application(s), it :is hereby verified that th.e property owner(s) of record at the time of issuance of these findings is Robert Mo.nson~ 4. Required Findings .per Zoning and Subdivision Ordinance a~ See Exllibit DIE for the findings required for this applicatiol1. B. Conclusions of Law 1. The City of Meridian shall exercise the .powers confen~ed upon. it by the "Local Lal1d Use Planning Act of 1975," codified at C.hapter 65, Title 67, Idallo Code (I.C. 967- 6503). 2. The Meridian City COllncil takes judicial notice of its Zoning, Subdivision and Developll1ent Ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning maps thereof. TIle City of Meridian has, by ordinance, established the Impact Area and. tIle Amended Comprehensive PlaIl of the City of Meridian, Wl1ich was adopted August 6,2002, Resolution No. 02-382 an.d Maps. 3. The conditions shall be reviewable by the City Council.pursuant to Meridian City Code 9 11-17-9. 4. Due consideration has been given to the conlment(s) received from tIle governmental subdivisions providillg services ill tIle City of Meridian plalUlingjurisdiction. 5. It is found public -facilities and. services required by tb.e proposed. development will not impose expense upo.n tIle public if the attached conditions of approval are im.posed. 6. That tIle City has granted an order of approval in accorda.nce with this Decision, whicll s.hall be signed by the Mayor and City Clerk and then. a co.py served by the Clerk llpon the applicant, tIle PlalIDing and Zoning DepartlTI.ent, t.Ile Pu.blic Works Department and all.Y affected party requestin.g notice. 7. That this approval is subject to the Legal Description in Exhibit A, tIle Site Plan dated February 3,2005 as shown in Exhibit B, and. the Site Specific and Gelleral Comments/Conditions in. Exhibit C. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application.. c~ Decision and Order Pursuant to tIle City Council's authority as provided i.n Meridian. City Code S 12-3-5 and based. upon. the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's CUP Site Plan as evidenced by having submitted the site plan dated February 3, 2005 is hereby conditionally approved; and CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AN.O DECISION & ORDER CASE NOeS). RZ-OS-OOl CUPMOS-OOI - PAGE 2 of4 ;:/: . ( 2. The Site Specific and Standard Comments are as shown in Exhibit C. D. Notice of Applicable Time Limits 1. Notice of Eighteen (18) Month Condition.a] Use Permit Du.ration Please take notice that the conditional use permit shall be valid for a maximu.m period of eighteen. (1.8) months unless otherwise approved by the counciL Durin.g this time, the permit 1101der must co.m.mence the use as .pel1TIitted in. accordan.ce witll the conditions of approval, satisfy tIle requirements set forth in the conditions of approval, acquire building permits al1d co.mmellce construction of permanent footings or structures on or in the grou.nd~ In this context "structures" s.hall include sewer and water lil1es, streets or building construction. The applicant has specified in the applicatio.n and to the com..mission and council a co.nstruction schedu.le and cOlnpletion date for tIle project. If the com.pletion date specified. for the project is exceeded., th.e conditional.use application. shall becoID.e null and void. However, tIle applicant may submit all application for a time extension on the project for city council review. TIle application for time extensio.o. shall be sub.mitted at least thirty (30) d.ays prior to tIle deadline for co.m.pletion of the project. For projects requiril1g platting, the fillal plat must be recorded within tllis eighteen (18) month period.. For projects with multiple phases, the eighteen (18) .month deadline shall apply to tIle fi.rst phase. In. the event tllat the development is .made in successive contiguous segments or multiple phases, sue11 phases sh.al1 be constructed. within successive intervals of OIle year from the original date of approval by the cou.ncil. If the successive phases are .not sub.mitted within. one year il1tervals, the conditional ap.proval of the future p.hases shall be nllll and void.. (MCC 11-17-4.B.) E. Notice of Fil1al Actio.n an.d. Right to Regulatory Takings Analysis 1. The Applicant is here.by notified that .pursuant to Idaho Cod.e 67-8003, the OWl1er Inay request a reglllatory taking analysis. Such req.uest must be ill writing, and must be tiled with the City Clerk not more than twellty-eight (28) d.ays after the final decision concemin.g the matter at issue. A requ.est for a reglllatory 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 fil1al action of the governing body of the City of Meridian, pu.rsu.ant to Idaho Cod.e S 67-6521 an affected person being a perSOll WI10 has an interest ill real property whicl1 may be adversely affected by t.he issuance or d.enial of the conditiol1al use .permit approvalll1ay within twel1ty-eight (28) days after tIle date of this decision and order seek ajudicial review as :provided by Cl1apter 52, Title 67, IdalIo Code~ F. Exllibits Exhibit A: Legal Description. Exhibit B: Approved Site Plan CUP Exhibit C: Site Specific and Standard Comments CI.TY OF MERIDIAN FINDINGS OF FACT, CONCLusrO.NS OF LAW A.NO DECISION & ORDER CASE NO(S). RZ-OS-OO 1 cup-as-~o I - PAGE 3 Of 4 /: "\. Exhibit D: Zoning Amendment .Findings Exhibit E: Conditional Use Permit Findings ath By action of the City Council at its regular meeting 11eld on tIle V fY\.(jJu1.h , 2005. d.ay of COUNCIL MEMBER SHAUN WARDLE VOTEDI~ VOTED ~{Cv VOTED LJ~ VOTED tf-A- VOTED ~ COUNCIL MEMBER CHRISTINE DONNELL COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD MA YOR TAMMY de WEERD (TIE BREAKER) Attest: alld City Attorney. Dated: 3.. d \ -OS CITY OF MERIDIAN FIN.DrNGS OF FACT, CONCLUSIONS OF LAW AND DECIS10N & ORDER CAS E NO(S). RZ-OS-OO I CUP-OS-OO.I - PAGE 4 Of 4 (. \ EXHIBIT A Robert Monson RZ-05-001 CUP-OS-OOl Legal Description ADA coum "_0011. DAVlb NAVAMO lOlI! fOAl<<) DMJ3I4 Ita PM DEPU1Y 1MltNllllfMJla "BXQID~ftlQUm OF 1mft11. c.., llllUHr I~. IIIIIIIIIIIIIIUIIIIII.O le4~1 ~l~~art . 6i1~ t{Q~8~ e1fJ:JS WARRANTY DEED For wJue received Hany D Burke ond Bernice S Burke; husband md wife. who a.cquired tiHe as Harry D Burke (no vesting), the Grantors hereby grants,. bargains, seUsj" conveys and VIB.f11lnts unto Robert J Monson and Tatyana V Fcdcrovn, husband and wife. husband and wife the Grantee. whose cunent address is 10488 Seneca Drive, Boise,.lD 83709 the following described premiscs. to wit: Set! "Emibit A'" .attacbed hereto P~INumbe~ R9323750008 SUBJECT TO: CUJTeot General Taxes, a Hen in the process. of assessments, 110t yet due or payable. Easements:! restrictio~ reservations... provisions of record,. and ftSSeSSments. ifany~ TO HAVE AND TO BOLD the said prern.i~ with their appurtenances unto the said Grantee, their heirs and assigns forever. And tbe said Gruntor does bereby covenant to nnd with the said Gruntee. that it is the owner in fee simple of said premises. that said premises are free from all cncmnbmnces and that be will wammt nnd defend the same from aU lawful clllims whatsoever. AhhlU fOo) Jj{/h~ Bernice S Burke S~:aJ1 TUk Q( Babe, Ine.. FU~ N~ba-:. 4OJ09I9qi.1\f W~ty Dftd - (l tidi\4du.aJ} ~ I <lr3 3 f~ ~ .. ~.. . c.:.:. .. ( EXHIBIT " A" The East half of Lot I, in Block 1 of West View AdditiODt According to the official Plat thereof. filed in Book 2 of Plats at Page 68. records of Ado County, Idaho. .EXCEPTING that pomQn deeded to Ada County Highway District by Warranty Deed rcconled January 16. t 998 a.'i Instrument No~ 98003706 and further corrected by affidavit reQlrded April] O;t 1998 as JnstrumcbtNo. 98033419. I'CtordsofAdaCounty,ldaho. ~ ~ ..'J ~ SUWIn TkJc or Bolse..1Dt.. F1k N.mkr: 40309B9QlJbt WmMt1 Occd - (lndi,id~d) Pap 1 br.) ~ I--l1 ...1i:I .I~ ~ ~. ~ .. ~. : r I:: ~ : ~ :. ~ ~ :: : t ~ \ > . i~ ~-=-l-m~~. <P 11 ~ ~ I .....l- .__..,---,.. ! ( ~~ ' . ~I~ l:~ -.. r ..--) l~ _.'.=~=~J.'~.,.~~'J.~Ji~ ~ : I . ... ~~ 1.. {[ . . .. . j r ;, ~r. $ ! .,! ' ~ ~ I ~~ <J t;, ....... . :;3' T ~} I .. ~~..:o)' . /:>' :I.U~ \-., f ~ ~ J ;j .."""~~~:J.,.._~""",, __~.~",....~~ .. .' , t ~ ! fJ ,0\ I 11!;~' f' t;\ ... ~,. )~:./~/.. .\~ ._..~~~~~~~:-~.~~ ; ~~ . ~ t ! '" 'I / ./ ':. . . r<~~~"'~.' · ~ ~,.. i :~ l~l ig~ ..~.,. r2~._~~ ;t~~~.'....._....l. :1 '=1 .1...... ... --~'''l r/.J. ..... ':." ~ ~. ~~. .~; . ... . .-t ~ / ~:.:~ lif~l' t.' .) ;:l~.-'~~~~ ,~~J ~ \.., :.../. :;: ~ltJ; ~'Jlj 1_:....:........~:~.........._.1) :;1 ,I l . .~ ~ ~; .'. }/t.?-~wu... 1"-.~s:*1%. '", ~ tJ .'0,., ,;,..' .., :1 is;". I ! 1~ l~ \ ~ ~~U! ( , · t'! I it i I'': /" \, . ~ , -'....~~;.,.,.. l II j.f _ Gt. ~~{\ <~!" ,~" L , . .. ':'.. ("" 't,l" f,. !J_-.-.ll: (~ ... u <,;'. : - . 't1 ~ tJ~ :~ r':1 .... "I' : ~ h .r:- Ii': ~J~ .~-)I ~ .. Ii >l~ RiUj\h ~r~ .._-J. ~f! I ~ ~~ I I ~ : If r I i [ ! ~ ~ ""U t ~ ~1;lJ I 12)~ 1 ;...c I t3 3: I Wz I ~~~ 9.-< Robert t~onsw Officel Retail Rezone & Conditional Use 59; tJ~ l'~eri~an Rood~ FtefJulr Irl~ho fi11A2 (r. . ... t! 'i: EXHIBIT C Robert Monson RZ-05-001 CUP-OS-OOl Site Specific and Standard Comments SITE SPECIFIC COMMENTS (Rezone) 1. The legal description submitted with the application is accurate and meets the reqlliremellts of the City of Meridian an.d State Tax Commissioll. 2. TIle subject property is within the Urban Services PlalUling Area. 3. A Development Agreement will not be necessary with tb.is rezone. All C011ditio.ns of approval will be made as part of tIle condition.a] use pennit CONDITIONS OF APPROVAL (CUP) 1. TIle bu.ildillg an.d site im:provelnents shall be COl1structed per tIle ap.proved plal1s with all modifications required by this application. 2. T.lle project is ap.proved for a maxim,urn of 1,399 total square feet of com.mercial use~ TIle ratio of office to retail use shall not exceed. the parking reqllire.me.nts per MCC 11-13-5(2) an.d shall adhere to tIle provisions stated in 11-13-5(7). 3. The front setback on the pro.perty along Meridian. Road shall be 30 feet per the L- a zone standards for arterial streets contained in the Zonillg Scl1edu.le of Bulk and Coverage Co.ntrols in MCC 11-9-1. 4. The applicant s]lall be prohibited from utilizil1g tile base.ment for th.e retail and office uses, due to the inability to provide any further parking on the site to meet tIle requirements of MCC 11-13-5. If additional off-street :par:king d.esignated for this property is provided in tIle :future, tIle basem.e:nt may be cOll.verted as long as all Meridian City Codes in effect at the time call be met. 5. The applicant shall revise the site pIall to show the requested right-of-way dedicatiol1 and easement, alld submit 1 0 copies of the rev.ised plal1 to the City Clerk's office at least 10 days prior to tIle D.ext 11earil1g on this applicatio.n. 66 Meridian City Code requires that this site be served with an auto:matic un.derground irrigatiol1 system~ Use of non-potable irrigatio.n water is required when determined to be available .by the City Public Works Department as regulated by City Ordinance 9-1-28. 7 . On.e (1) freesta~ding sign is approved as included in application. At such time that the Ada County Hig.hway District acquires expanded rigllt-of-way along ( t..... Meridial1 Road o.n the subject property, the freestanding sign shall be moved at the owner's expense. 8. Sanitary sewer and water service shall be from tIle city of Meridian.'s existing systems adjacent to tIle site. Upgrading of existin.g service lilles may be .necessary to provid.e a level of service different froIn a residential use~ 9. The buffers between land uses and st.reet bu.ffers are approved per the dilnensions shown on the approved site/landscape plall~ The applicant shall work with City staff to determine any additional plalltings to be required tlTIOllgh Alternative COlupliance. 10. This co.nditio.nalllse perm.it sIlall .be su.bject to the expiration provisions set forth inMCC 11-17-4.B. 11. All .parallel :parking stalls shall be at least 9 feet wide and 23 feet long per Ordinance 11-13-4.F. All drive aisles adjace.nt to parallel.parking shall be at least 12 feet wide. 12. The existing Black Locust tree proposed for removal may be removed with 0 lIt mitigation. 13. All .parking an.d drive aisles shall be paved for all uses, in compliance with the submitted plans. Handicap parking spaces shall be signed and striped in co.mpliance Wit]l Federal accessibility guidelilles. 14. All exterior lighting, whetller attached to the b.uilding or located withill the parking lot, shall be down-shield.ed or otherwise altered so that the light does not spillover onto adjacent properties or right-of-way. All parking lot lighting s11all be in accordance with Ordinance 11-13-4C~ 15. All signage shall be in accordance witll tIle standards set forth in this report and Section 11-14 of the City Zoning and Development Ordinance. All signage sllal1 req.uire separate sign permit(s)~ 16. All construct.ion and site improvements shall conform to the requirements of tIle Americans with Disabilities Act and the adopted b.uilding al1d fire codes. 17~ A draillage plan designed. by a State of Idah.o licensed arcllitect or engineer is required and. shall be sub.mitted to tile City Engineer (Ord.. 557, 10-1-91) for all off-street parking areas. Stonn. water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and COul1ties and City of Meridian standards and policies. Off-site disposal into surface water is .prohibited unless the jurisdiction w.hich l1as authority over the receiving stream provides written autb.orization prior to development plan approval. The applicant ( is responsible for filing all necessary applications with the Ida.he Department of Water Resources regarding Shallow Injection Wells. 18. Certificate of Occupancy: All required improvements must be complete prior to obtaining a Certificate of Occu.pancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a letter of credit or cash in the amount of 11 0% of the cost of the required improvements (including paving, striping, land.scaping, and. irrigation). A bid must acco.mpany any request for temporary occupal1cy. Fire Department Comment: 1. Acceptance of th.e water supply for fire protection will be by the Meridian Water Department. 2~ Final Approval of the fire hydrant locatio.ns s.hall be by tIle Meridian Fire Department a. Fire Hydrants s.hall have the 4 Y2" outlet face the main street or parlcing lot aisle. b. The Fire l1ydrant shall not face a street Wl1ich does not have addresses on it c. Fire hydrant markers sllall .be provid.ed per Public W arks spec~ d. Locations with fire hydrants sllallllave tIle cu.rb painted red 10' to each side of tIle hydrant location. e~ Fire Hyorants shall be placed on comers~ f Fire hydrants shall not have any vertical obstructions to outlets withil1 10'. 3. Building setbacks shall be .per the Building Code for one an.d two story constructiol1~ 4~ Com.mercia] al1d office occupancies will reqllire a fire-flow consiste.nt with the lntematio.llal Fire Code to service the proposed project. Fire hydrants shall be placed an average of 300' apart. 5. Maintain a separation of5' from the building to the d.umpster el1closure. 6. Provide a Knoxbox entry system for the cOln.plex. 7. The first digit of the Apartlne.ntJOffice Suite shall con+espolld to the floor level. 8. Please contact the Fire Marshal at 888-1234 to work specific issues associated with this project (" Sanitary Services Comment: 1. Pri.or to issuance of a Certificate of Zoning Compliance, the ap:plicant sIlall sub.m.it an approved site plan. from sse. Police Department Comment: 1. The Police .Department has no concerns related to the site d.esign submitted witll the application. Parks Department Comment: 1. The Parks Department has no concerns with the site design as submitted with tIle application. ACHD COMMENTS: ACHD Special Recon21nenclation to the City of Meridian The City of Meridian al1d the Ada Cou..nty Highway District are presently completing a jointly funded Downtown Meridiall Trallsportat.ion Improvement Plan. Once the study is complete, tIle study will provide a recommen.dation tllat Meridian Road will either be a five-lane (96-feet of total right-of-way, 48-feet from. ce.nterline) or a three-lane facility (70-feet of total right-of-way, 35-feet from cel1terline) soutJl of tIle railroad tracks~ For this development, the District recommends that the City ensure that any structures or .permanent landscaping features (i.e. trees) be set back far enough to accommodate either roadway section. A CHD Site Specific Conditions of Approval 1. Dedicate 42-feet of right-of-way from the centerline of Meridian Road abutting the parcel by means of a warranty deed~ The right-of-way .purchase al1d. sale agreement and deed must .be cOlnpleted al1d. SigIled by the applicant :prior to scl1eduling tIle final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whicllever occurs first. Allow up to 30 business days to process the rigllt-of-way d.edication after receipt of all requested material. The owner will be .paid th.e fair market vallle ofth.e right-of-way dedicated Wl1icIl is an additio.n to existing ACHD right-of-way if tIle owner S"ub.mits a letter of application to tIle impact fee administrator prior to breaking gro.und, in accordance witll the ACHD Ordin.ance in effect at that time (cuITently Ordinance #200), if funds are available. 2. Construct a I3-foot wide right-out ONLY curb return type driveway (15-foot curb radii mil1imum) tb.at intersects Meridian Road at the SOlltll property line, approximately 65-feet south ofPin.e Avenue (measured from. curb line to n.ear edge). Pave th.e driveway its fu.ll width of I3-feet and. 3D-feet into the site beyond the edge of Meridian Road. Provide adequate signage to restrict this d.riveway to a right-out ONLY and desigl1ate as "DO NOT ENTER". 3. Constluct a 13-foot wide right-in/left in curb return type driveway (15-foot curb radii minimum.) that intersects Pine Aven.ue approximately 120-feet west of Meridian Road (measured from curb line to near edge). Pave the driveway its full width of 13-feet and 3D-feet into the site beyond tIle ed.ge afPine Ave.nue. Provide adequate signage to restrict this driveway to a right-in/left-in ONLY and designate as "ENTRANCE". 4. Relocate allY existing irrigation facilities outside of the right-of-way. 5. Other thal1 the access pOil1tS that have specifically been ~pproved with this application, direct lot access to Pine Avenue and. Meridian Road is prollibited. 6. Co.mply with all Standard Conditions of Approval. A CHD Stanclard Conclitions of Approval 1. Any existillg irrigation facilities s.hall be relocated. outside of the right-of-way. 2. All utility relocation costs associated with im.proving street frontages abutting t]le site shall be borne by the developer. 3. Replace an.y existing damaged curb, gutter ao.d sidewalk and allY that may be dam.aged during the constru.ction of the proposed. development. Contact Construction Services at 387-6280 (witll file .number) for detai.ls~ 4. Utility street cuts in pavement less than Jive years old are not allowed unless approved. in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file n.umbers) for details~ 5. All design and construction shall be ill accordance with the Ada County Highway District Policy Manual, ISPWC Stal1dard.s and approved supplements, Construction Services procedures and all applicable ACHD Ordil1ances llnless specifically waived. 11erein. An engineer registered. in the State of Ida110 shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of buildil1g permit (or other required permits), Wl1ich incorporates any required design changes. 7. COJlstructio.n, use and. property development shall be in conformal1ce witl1 all applicable requirelne.nts of the Ada County Highway District prior to District approval for oecu.pan.cy. f. . (" ... 8. Payment of applicable road impact fees are required. prior to building constructio.n. in accord.ance with Ordinance #200, also known as Ada Cou.nty Highway District Road Impact Fee Ordinance. 9. It is the responsibility of tIle applicant to verify all existing utilities within the right-of-way~ The applicant at no cost to ACHD shall repair existing utilities dalnaged. by the applicant. The ap:plicant shall be required to call DIGLINE (1- 800-342-1585) at least two full business days prior to breaking ground withil1 ACHD right-of-way. The ap.plicant sllall contact ACHD Traffic Operatiol1S 387- 6190 in the event any ACHD con.duits (spare or filled.) are com:pro.mised d.uriug an.y phase of COl1stru.ction~ 10. No change in the terms and COl1ditions of this approval shall be valid unless tlley are in writillg and signed. .by the applicant or the applicant's authorized represel1tative and an authorized. representative of tIle Ada Cou.nty Higllway District. The burden. shall be upon the applicant to obtain w.ritten confi.nnation of an.y ch.ange from the Ada County Higllway District 11. An.y change by the applicant in tIle planned. use of the pro:perty which is the subject oftllis applicatio.n, shall require the applicant to comply with all rules, regu.lations, ordinances, plans, or other reglllatory and legal restrictions in. force at the time the applicant or its successors in. interest advises the Highway District of its intent to change the planned use of tIle subject pro.perty unless a waiver/variance of said requirements or other legal relief is granted purSllant to th.e law ill effecf at the time th.e change in use is SOUgllt. { . \. . EXHIBIT D Robert Monson RZ-05-001 CDP-05-001 Required Findings for Zoning Amendment STANDARDS FOR ZONING AMENDMENT The C0I111nission and Council shall review the particular facts and CirCU/11stances of each proposed zoning anzendnzent in tern.,s of the following standards and shall find adequate evidence answering thefollowing questions about the proposed zoning alnendJ11ent (11-15-11): A. Will the new zoning be harmonious with and in accordance with the Com.prehensive Plan and, if not, has there been an a.pplication for a Comprehensive .plan amendment; Staff finds t.hat the req.uested Old TOWll (O-T) zo.ning designation. is in accord. with the Comprehensive Plan's Future Land. Use Map, w.hich delin.eates tIle subject property as "Old-Town". The text of the Comprellensive Plan (page 99) supports a variety of uses in tIle 0- T zone, includ.ing offices and retaiL ID. addition, it states, "In order to provide and accommodate preservation of the historical character, specific design requirements may be imposed.. Pedestrian amenities would be em.pllasized." B. Is the area included in the zoning amendment intended to be re-zoned in the future; Staff finds that the .proposed re-zo.ne and accompanying development plans comply with th.e requ.ested zone alld staff d.oes .not anticipate that the property will be rezoned ill 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; Staff finds t11at the applicant has submitted. detailed development plans for a Con.ditional Use Permit for the property. Staff furtller finds that the proposed office/retail use will o.nly be allowed with the approval of a Conditional Use Pennit in the proposed 0- T zone~ D. Has there been a change in the area or adjacent areas which may dictate tbat the area should be rezoned; Staff finds that the City's Comprehensive Plan .has provided the applicant with the ability to request the 0- T zone for the subject property. Much of Meridian Road has already redeveloped. from residential to office or cOnnTI.ercial uses. (. 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 fillds tllat the proposed development is designed in a .mann.er that will be hannonious with and ap.propriate in ap.peara.nce with t11e existing n.eig.hborhood. T.he proposed office/com.mercial use will be in harmony with the intel1ded uses ill Old Town. F. Will not be hazardous or disturbing to existing or future neighboring uses; Staff finds tllat the requested rezone SIlould n.ot be disturbing to existin.g or future neighborillg uses. Through tIle comp plan process, the City determined. tllat compact, intill d.evelopment is appropriate for the area. Any future ch.ange of use on the property that may have a significant ilnpact on. tIle surrounding properties will require conditional use approval ul1der current ordinances, and adjoinil1g pro.perty owners will have an opportunity to CO.ffil11el1t. Staff anticipates that t11e proposed. office/retail buildil1g use will not be hazard.ous or disturbing to the neighboring uses. T.he Commission and Council sllould consider all public testimony, oral an.d written, before In.aking this finding. G. Will be served adequately by essential public facilities and services such as highways, street, police, and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such service; Staff finds that the proposed uses can be adequately served by all essential public services and facilities. Drainage will need to be retailled on site. H. Will not create excessive additional requirements at public cost for public facilities alld services and will not be detrimental to the economic welfare of the community; Staff fillds that the requ.ested llses will not create excessive additional requirelne.11ts at public costs for pu.blic facilities and services. Additionally, staff finds that the proposed rezo.ne would. not be detrimental to tIle economic welfare of the community. I. Will not involve uses, activities, processes, materials, equ.ipment, and conditions that will be detrimental to any persolls, property, or general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; f: \ Staff finds that the proposed 0- T zoning designation of the .property does not inJ1erently allow uses that will generate activities, processes, materials, equipment, and conditions that are detrimental to tIle general welfare of the community. J. Will have vehicular approaches to the .property which shall be so designed as not to create an interference with traffic on surrounding .public streets; Staff fillds that tile proposed 0- T zo.ning will not interfere with general traffic .patterns on any public streets. Please refer to the revised ACHD staff repo11 for a full report on traffic issll.es. K. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance. Staff finds that no .natural or scenic features will be lost or damaged by tIle project. .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 prope.rty owner to make improvements to tIle .property for re- development that would otherwise not be allowed without the rezo.ne. ( EXHIBIT E Robert Monson RZ-05-001 CUP-OS-OOl Required Findings for Conditional Use Permit STANDARDS FOR CONDITIONAL USES TIle Commission and Council shall review the particular facts and circumstances of each pro.posed conditional use in terms of the following, and may approve a conditional use permit if they shall find evidence presented at the hearing(s) is adequate to establish (11-1.7-3): 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; The applicant is proposing 599 s.f. of retail and 800 s.f. of office space. Ordinance requires one (1) off-street parking space per 400 s~[ for professional offices and Olle (1) off-street parkin.g space per 200 s.f for retail uses. TI1US, tIle proj ect requires two (2) s.paces for the office llse and three (3) spaces for the retail .use. Five (5) spaces are provided per th.e site plall. City Council is aware that the structure l1as a basement which. is .not included in the 1399 sq.uare feet of:proposed office and retail space. The applicant shall be prohibited from utilizing the basement for the retail and. office uses, due to the in.ability to .provide any further parking on. the site to meet the requirem.ents ofMCC 11-13-5. The req.uired landscape buffer .between the proposed retail/office use and the residence to the south is 20-feet. The ap:plicant ca.n only.provide approximately 4- feet of width due to site constraints and. required parking located along the south side of the .proposed drive aisle. In addition, Meridian City Code requires tllat withil1 three (3) years, sixty percent (600/0) or more of the vertical surface is closed and prevents the passage of vision thrOUgll it. There are existing, healthy trees and large shrubs along the south property line which lie D.n the adjacent property, and create a screen between the pro:pe.rti.es. The applicant is also proposing to construct a 6-foot ced.ar fence along the south :property line. Staff supports alternative complial1ce, .provided that the ~p:plicant work with staff to dete.nnine what, if any, additional plantings sIlall be req..uired alon.g the SOllth property line. T.he required landscape buffer between the proposed retail/office use and the residence to the west is 20-feet. TIle applicallt can only provid.e approxiluately 6- feet of width due to site constraints and. the proposed drive aisle. In addition, Meridian City Code requires tllat within three (3) years, sixty percent (60%) or more of the vertical surface is closed an.d prevents the passage of vision through it There is an existing large tree along the west property line which is .proposed to remain. The applicant is also proposing to construct a 6-foot ced.ar fence alo.ng the west property line and add two (2) trees. Staff supports alternative compliance, provided. that the applicant work with staff to determine wb.at, if any, additional plantings sIla]} be required along the west propel1y line. City Council finds tllat the subject property, as depicted, is large enougll to accommodate t11e required. .parking, open spaces and. landscapil1g required by the ordil1ance for an offIce and retail use, as long as the buffers between land uses are approved under alternative com.pliance. A. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; Th.e current Comprel1ensive Plan Land Use Map designates the property as Old Town.K Staff finds tl1at if the .modifications required in this report are done, the application will meet the req.uirements of the Planned Developlnent and other Zoning Ordinances. See items A and. C u.nder the Zonil1g Amendment Analysis. B. That the design, construction, o.peration, and maintenance will be compatible with other uses in the general neighborhood and witll the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area; City Council finds the design. cOllcept to be co.mpatible witll the intended. c.haracter of the area. See item E u.nder the ZOllil1g Am.end.ment Analysis~ c. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; City Cou.ncil does 110t anticipate that the proposed. development will have an adverse impact on the surro.unding pro.perty. However, the COlrunission and COll.llcil ShOllld consid.er any testimo.ny given at tIle public heari.ngs before making this finding. D. That the proposed use will be served adequately by essential public facilities and services such as higllways, 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 comlnents under the Zo.ning Am.endlnent Finding G. E. That the proposed use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; See comments un.der the Zo:ning Amendment Finding H~ F. 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 comments under the Zoning Amendment Finding I. G. 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 comments under the Zo.ning Amendment Finding J~ H. 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 COlnments under the Zoning Amendment Finding K~ (. (~....:~ EXHIBIT F CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LA WAND DECISION & O.RDER In the matter of a request for Annexation and Zoning of 9.8 acres from RUT to R-8 zone AND Preliminary Plat approval of thirty-three (33) single-family residential and four (4) common lots on 9.8 acres in a proposed R-8 zone AND Conditional Use Permit approval for a Planned Development for reductions to the minimum requirements for lot area, rear building setbacks, street side setbacks and minimum street frontage, for Alexandria Subdivision, by Lonnie Johnson. Case No(s): AZ-04-011, PP-04-017, CUP-04-015 For the City Council Hearing Date of: March 8, 2005 A. Findings of Fact 1. Hearing Facts a. A notice of a public hearing was publis.hed for two (2) consecutive wee.ks .prior to the City Council .public l1earing, the first publication appearing and written notice .mailed to pro.perty owners or purchasers of record within three l1undred feet (300') of the external boundaries of the .property. The notice of public hearing before the City Cou.ncil was posted .upon th.e property under consideration Inore than one week before said hearing. All other noticing was done consistent with Idaho Code ~67- 6509. ' The matter was duly considered by the City Council at the March 8, 2005, .public hearing(s). The ~pplicant, affected pro.perty owners, and government subdivisions providing services within the .planningjurisdiction of the City of Meridian were given full opportunity to ex.press COlnments and submit evidence. b. Written and oral testimony was received on this matter, as reflected in. tIle records of the City Clerk (for written testimony) and in the official meeting minutes (for oral testimony). c. TIle Planning and Zoning Commission conducted a public hearing and issued a written recommendation on the su.bject matter to the City Council. d. The City Council heard and took oral and written testimony and d.uly considered the evidence and the record in this matter. 2. Process Facts CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-04~OI5, PP-04-017, CUP-04-015 -PAGE I of4 (. ... (~.~... :..: a. There has been cOlnpliance with all notice and hearing requirements set forth in Idaho Code ~67-6509, 6512, and Meridian City Code ~~ 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. Application and Property Facts a. In addition to tIle application alld property facts noted in the staffreport and the Planning & Zoning .Recolnmendation for the subject application(s), it is hereby verified that the property owner(s) of record at the titne of issuance of these findings are Lonnie and Karen Johnson. 4. Required Findings per Zoning and Subdivision Ordinance a. See Exhibit F.l (Annexation and Zoning), Exhibit F.2 (Preliminary Plat) and Exhibit F.3 (Conditional Use Permit) for the findings required for this application. B.. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the ".Local Land Use Planning Act of 1975,'" codified at Chapter 65, Title 67, Idaho Code (I.C~ ~67- 6503). 2. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordin.ances codified at Titles 11 and 12, .Meridian. City Code, and all current zoning maps thereof Th.e City of Meridian has, by ordinance, established. tIle Impact Area and the Amended Comprehensive Plan. of the City of Meridian, Wl1ich was adopted August 6; 2002, Resolution No. 02-382 and Maps. 3. T.he conditions s.hal} be reviewable by the City Council pursuant to Meridian City Code S 11-17-9. 4. Due consideration has been given to tIle comm.ent(s) received fr001 the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required .by tIle pro.posed d.evelo.pment will not impose expense upo.o the public if the attached conditions of approval are imposed. 6. Tllat tIle 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 a.nd Zoning Department, tIle Public Works Department and any affected party requesting notice~ 7. Tllat this ap.proval is subject to the Legal Description in Exhibit A, the Preliminary Plat in Ex.hibit B, and the Conditions of A.pproval in Exhibit C, :0 and E. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. c. Decision and Order CITY OF M ERI DIAN FINDIN OS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NOeS). AZ-04-01S; PP-04-017, CUP-04-015 - PAGE 2 of4 (~..., Pursuant to the City COUllCil's autllority as provided .in Meridian City Code ~ 12-3-5 and based upon the above and foregoing Findil1gs of Fact which are Ilerein adopted, it is .hereby ordered tllat I. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat dated November 29, 2004 is :hereby conditionally approved; and 2. The conditions of approval are as show.n in Exhibits C, D and E. D~ Notice of Applicable Time Limits (as applicable) 1. Notice of Twelve (12) Month Preliminary Plat Duration Please take notice that after the date of approval of tIle preliminary plat, the owner or developer shall have one year within which to file the request for approval of the final plat After approval affinal plat, the owner or developer shall .have o.ne year to begin construction of the public utilities and one year thereafter to complete construction of tllose public facilities. (MCC 12-2-4.B & C~) E. Notice afFinal Action and Right to Regulatory Takings Analysis 14 The Applicant is hereby .n.otified that pursuant to Idaho Code 67-8003, the Owner Inay request a regulatory taking analysis. Such request m.ust be in writing, and Inust be filed witll the City ClerJ< not more tllan twenty-eight (28) days after the final decision concerning tIle matter at issue. A request for a regulatory takings analysis will toll the time period within wl1ich a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action oftlle governing body of the City of Meridian, .pursuant to Idaho Code S 67-6521 an affected person being a person WIlD 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 tIle date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Exhibits Exhibit F.1: Annexation & Zoning Findings Exhibit F.2: Preliminary Plat Findings Ex.hibit F43: Conditional Use Permit Findings By action of the City Council at its regular Ineeting held on the m(}rrJ.\ , 2005. ~~ day of CITY OF MERl.OIAN FINDlNGS OF F ACT~ CONCLusrO.NS OF LAW AND DECIS ION & ORDER CASE NOeS). AZ-04RO 15, PP-04-0 17, CUP-04-0 15 - PAGE 3 Of 4 (.. ( COUNCIL MEMBER SHAUN WARDLE VOTED ~ COUNCIL MEMBER CHRISTINE DONNELL VOTED U~ o COUNCIL MEMBER CHARLIE ROUNT.REE VOTED l~~ COUNCIL MEMBER KEITH BIRD VOTED l}-Ck ~ ~ MA YO.R TAMMY de WEERD (TIE BREAKER) VOTED Attest: and City Attorney. By: Dated: 4 - I -06 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DEClSION & ORDER CASE NO(S). AZ-04-01S, PP-04-017, CUP-04-015 - PAGE 4 Of 4 t.: '. ... (?. EXHIBIT A Alexandria Subdivision AZ-04-0 11 Legal Description f!JJ. ~ Jt. ~"ff~ ,!}fU)~ 5505 W. Franklin Road. Boise. Idaho 83705-1055 Alexandria Subdivision Annc3ation Description A parcel 0 f land situate j n the south half 0 f the northeast quarter of Section 31 of Township 4 North, Range 1 East of the Boise Meridi~ being Lot 11 ofCrest\vood Subdivision No. 1 as recorded in Book 28 of Plats at Pages 1757 and 1758 in the office of the Ada Counly, Idaho, Recorder AND adjoining Right-of-Way of North Locust Grove Road lying in said Section 31~ being more particularly described as folIo\ys: Commencing at a brass cap marking the northea-;t comer of said Section 31; thence SOOQQT' I j"I"I\V ~ 1 ,661 ~ 98 feet along the east boundary of said Section 3 1 to the extension of the northerly boundary ofsrlid Lot t 1, which is the POINT OF BEGINNING; Thence S89046'32"W, 33.00 feet along said extension to the northeast corner of said Lot. 11; Thence continuing S89()46'32)~\V, .l,284~OO feet along the northerly boundary of said Lot 11 to the northwest corner of said Lot J 1; Thence SOoo09't26'~W, 332.24 feet along the westerly boundary of said Lot II to the southwest corner of said Lot 11; Thence N89047'OJ"E:t 1 ,284~2 t feet along the southerly boundary of said Lot t 1 to the southeast comer of said Lot t I ; Thence continuing N89047'03;'E; 33.00 feet along the extension of said southerly bOlmdary to the east boundary of said Section 31 ; Thence NOoo07' I SUE" 332.44 feet along said east boundary to the POINT OF BEGINNING. The above-described parcel contains 1 Oa05 acres, more or less. (. . . (" EXHIBIT B Alexandria Subdivision (AZ-04-011, CUP-04-015) Approved Preliminary Plat/Site Plan (see attached) \..... . : ('..:.:: .. ., .~ .. ~ ~ Ld V) :l o j a3 iJ 'fMftn (" ( EXHIBIT C Annexation and Zoning Application Alexandria Su.bdi visi D.n ( AZ-04-0 II-revised) ANNEXATION AND ZONING COMMENTS 1. T.he legal descri.ption submitted with the application (stamped by Josepll Canning, dated 5-4- 04) appears to meet the requirements of the City of Merid.ian and State Tax Commission and places the parcel contiguous to existing city limits. 2. The requested zoning designation of R-8 is compatible with the City Comprehensive Plan and Meridian's Zoning Ordinance. 3. T.he subject :property is within the Urban. Service Planning Area. Essential City services are available to the subject .property. 4. A.ny existing d.omestic wells and/or septic systems within this .project will have to be relTIoved from their domestic service .per City Ordinance Section 5-7-5] 7. Wells may be used for non-dOlnestic purposes such as landscape irrigation. (~:~..,. .:.; C..-...:. EXHIBIT D Preliminary Plat Conditions of Approval Alexandria Subdivision (File PP-04-017 - Revi.sed) SITE SPECIFIC CONDITIONS-PRE:LIMINARY PLAT 1. All conditions of the Conditional Use Permit (File CUP-04-015) for Alexandria Subdivision s.hall be complied with as part of tIle subject. Preliminary Plat (File PP-04- o 1 7). 2. The subdivider/developer shall ensure that tIle recorded CC&R's for Alexandria Subdivision clearly describe the purpose, fencing, access rights, and Inaintenance responsibilities of the "COilllTIOn Ope.n Green Easement" shown witllin. Bloc.k 3. 3. No parking shall be allowed on the tee portion ofN. Heritage View Place and it shall be signed as "No Parking." 4. Sanitary sewer and water service to tllis d.eveloplnent shall be via Inainline extensions from mains in the adjacent Razzberry Crossing Subdivision~ A.pplicant will be responsible for c01!structing the sewer and water lnains to and throu.gh th.is proposed development Subdivision designer to coordinate main. sizing and routing with the Public .Warks Department. a. Extend the water main on Madison Avenue, north, to the su.bdivision boundary and install a blowofffor future connection to Razzberry Crossing water main. b. Extend the water mains on Madison and Reiterman Avenues, south, to the subdivision .boundary or southern edge of an easement provided as described in Item 4.c~ below. c. Provide a standard 20' City of Meridian water/sewer easement (from the property owner to the south) to allow the sewer main and water main extensions shown along Green Haven Lane to be constructed. 5. The applicant has indicated that the pressu.rized irrigation system within tllis development is to .be owned and operated by Settlers Inigation .District. Underground year-round pressurized irrigation must be provided to all lots within tllis develop.ment (MCC 12-5-2.N). TIle City of Meridian requires that pressurized irrigation systems be su.p.plied by a year-round source of water (MCC 12-13-8.3). The Applicant shall be required to utilize any existing surface or well water for the .primary source~ If a Alexandria S ubdi visi on ~ PP -04-0 1 7 (Rev.) - Exhibi t D page :1 of9 (,:........ surface or well source is not available, a single-point connection to the culillary water system shall be required. If a single-point connection is utilized, tIle developer shall be responsible for the paytnent of assessments for the common areas prior to signature on the final plat by the Meridian City Engineer. If the systelTI is to relnain .private, a draft copy of the pressurized irrigation system O&M man.uallnust be submitted prior to .plan approval. 6. The applicant shall be responsible for payment of and the actual physical sanit~ry sewer and dOlnestic water cOlUlection for the existing house on Lot 4, Block 4~ 7. The applicant shall comply with MCC 12-4-14 (Commol1 Drive Design) for Lot 2, Block 4. A note shall be added to the final .plat which prohibits Lot 3, Block 4 from having direct access to the COffilnon driveway on Lot 2, Block 4. 8. Since the driveway for Lot 2, Block 4 is greater than 150 feet in lengtl1, the applicant shall sub.mit details for an approved fire truck turnaround on Lot 2, Block 4 with the final plat application. 9. Applicant shall revise the preliminary plat as follows: a. Show set-aside areas for street drainage retention/detention; b. Create a COffilTIOn lot in the northeast corner of Lot 2, Block 3 to aCCOffilTIodate the entry sign and landscaping, not an easement as ShOWll; c~ Graphically depict the common driveway easements being pro.posed for Lots 2 alld 3, Bloc~ 3 and. for Lots 1 - 3, Block 4 and provide a .plat note eXplaining the easement; d. Revise the "Setback Table" to re-label "Rear Setback (Garage)" as "Alley Rear Setback. e~ Correct the proposed minimum street frontage and lot area figures to accurately coin.cide with the CUP/PD application. f. Revise the "Setback Table" footnote to reflect the correct lot and block numbers. g. Revise the title box to show this plat is a "Resu.bdivision" of Lot 11, Crestwood Subdivision No.1. 10. Fencing details shall be submitted with the Final .Plat application. Fencing adjacent to .pathways or the COlnmon area lots shall not be over four feet in height if constructed of a solid material. In addition, a solid, 6-foot high perimeter fence shall be installed prior to any building .permits being issued, unless agreed to otherwise in writing by the PlalIDing Director~ 11. All adjacent agricultural uses shall be protected. and a note added to the face of the plat regarding the Right to Farm Act. 12. The prelilninary landscape :plan submitted with the :preliminary plat (Sheet 1, dated 12/10/04 by B&A Engineers) is approved with the following changes: a. Revise the plan to reflect tIle ap.plicable changes listed in condition #9 above. Alexandria Subdivision - PP-04-017 (Rev.) - Exhibit D page 2 of9 C:. b. Show a minimum 3-foot high berm or other features to screen westbound automo.bile headlights frOlTI the residence on Lot 2, Block 3. c~ Show all proposed fencing types, heigllts and locations~ 13. The required lan.dscaping alld irrigatioll system shall be illstalled prior to the issuance of a Certificate of Occupancy for any .building on any lot created by the subdivision4 .Landscaping and fencing must be bonded for prior to applying for building permits. 14. No pllasing lines were shown on the preliminary .plat. If phasing is planned, applicant shall submit a revised plat prior at least 10 days prior to the next public hearing showing the proposed phase lines. 15. U.nderground pressurized irrigation must be provided to all landscape areas on site. The applicant has indicated that the .pressurized irrigation systelTI within this development is to be owned and .maintained by the Nalnpa & Meridian Irrigation District 16. The City of Meridian requires that pressurized irrigation systems be supplied by a year- round source of water" If a creek or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, tIle develo.per shall be responsible for the payment of assessments for the common areas prior to signature on the final .plat by the Meridian City Engineer. 17~ Per action taken at the March 8, 2005 City Council hearin.g, the City Council grants the developer the optio.n to construct or not constru.ct the off-alley .parking stalls graphically depicted in Block 2 _of the approved Preliminary Plat STANDARD CONDITIONS (Pre.liminary Plat) 1. Please submit a copy of the Ada County Street Name Committee's approval letter for the subdivision name, and the lot and block .numbering. Make any corrections necessary to confonn. 2. A letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, play equipment, pressurized irrigation, sanitary sewer, water, etc~, prior to signature 0.0 the final plat 3. Sidewalks within. the proposed subdivision shall be built in accordance with MCC12-13- 10-8. 4. Any tree over 4" in. caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that are removed. 5. Developer shall coordinate mailbox locations with the Meridian Post Office. Alexandria Sub di vision - PP -04-0 17 (Rev.) - Exhibit D page 3 of9 t.., .... t... :.'. {.......... .... 6. Any existing domestic wells and/or se.ptic systems within this project will have to be removed from tlleir domestic service per City Ordinance Sectioll 9-1-4 and 9-4-8. Wells Inay be used for .non-dOluestic purposes such as landscape irrigation. 7 · Coordinate fire hydrant placement witll the City of Meridian Public Works Department 8. 1 aD-watt, .high-pressure sodiulTI streetlights will be required at locations d.esignated by the Public Works Department. All streetlights shall be installed at su.bdivider's expense. Typical locations are at street intersections and/or fire hydrants~ Final design locatiollS and quantity are determined after power designs are completed by Idaho Power Company~ The street light contractor shall obtain design and permit from the Public Works Departlnent prior cOlnmencing instaIlatio.ns. 9. 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 o.eed to be ap.proved by the appropriate irrigation/drainage district, or lateral users association (ditc.h owner's), with written ap.proval or non.-approval submitted to the P.ublic Works De.partment. 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. 10. Please submit all updated groundwater/soils monitoring data to the Public Works Department for review. All drainage areas (detention/retention basins) must be designed to ensure that water is retained only during '100-year storm events, and for a period of time not to exceed 24 hours~ Sid.e slopes within drainage areas shall not exceed 3: 1. 11. Applicant's engineer will be required to submit a signed, stamped statement ce.rtifying that all street finisll centerline elevations are set a Ininimum of three feet above the highest established normal groundwater elevation. This is to ensure that the bottom elevation of the structural footings of homes are at least I-foot above groundwater. 12. Compaction test results In.ust be submitted to the Meridian Building Department for all building pads receiving engineered backfill, w.here footing would sit atop fill m.ateriaL 13. Graphically depict any FEMA flood plain .bou.ndaries. Note restrictions associated with the flood zone on the face of the preliminary plat. 14. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required. by the Army Corps of Engineers. 15. Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 16. :Performance specifications for the COlTIlTI.on area pressurized irrigation systelTI shall be su.bmitted with each Final Plat ap.plication. Alexandria Subdivision - PP-04-0 17 (Rev.) - Exhibit D page 4 of9 f/.... ... (,.:m ... _. \" """: ~~...".. "" " AGENCY CONDITIONS & COMMENTS FIRE DEPARTMENT 1. The Meridian Fire Departlnent req.uires a minimUlTI of 29 feet of free-and-clear dri.ving surface for all street sections (center-of-gutter to center-of-gutter). As proposed, only 27 feet .is provided. No parking is allowed unless a 29-foot street section (measured center-of-gutter to center-of-gutter) is provided4 2~ One and two family dwellings will require a fire-flow of 1,000 gallons per .minute available for duratio.n of 2110urs to service tlle entire .project. Fire hydrants s11all be placed an average of 400' apart. (International Fire Code Appendix D) 3. Acceptance of the water supply for fire protection will be .by the Meridian Fire Deparbnent and water quality by the Meridian Water Deparbnent for bacteria testing. 4. All common driveways shall be straight or have a turning radius of 28' inside and 48' outside and s.hall have a clear driving surface which :is 20' wide. 5. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire .Hydrants shall have the 4 ~" outlet face the main street or parkil1g lot aisle. b~ The Fire hydrant shall not face a street which. does n.ot 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 locaJion. e. Fire Hydrants shall be placed on cornerS4 f. .Fire hydrants shall not have any vertical obstructions to o.utlets within 1 0'. 6. All entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius. 7. Provide a 20' wide Fire Lane for all internal & external roadways~ 8. Operational fire hydrants and. temporary or permanent street signs are required. before combustible construction begins. 9~ The roadways shall be built to Ada County Highway Standards and shall have a clear dr.iving surface, available at all times, which is 20' wide. Streets with less than a 29' street width shall have no parking. Streets with less than 33' sIlall have parking only on one side. 1 O. The proposed 33-lot subdivision with an estimated 2.9 residents per house.hold would. have a total estimated population of 96 residents at build out. 11. Where applicable, paint the curb red and provide signage ''No Parking Fire Lane"4 Alexandria Subdi visi on - PP -04-0 1 7 (Rev.) - Exhib it D page 5 of9 {,".- .. r...... 12. Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than. 400 feet (1.22 lU) from a l1ydrant o.n a fire apparatus access road, as measured by an approved route around the exterior of tIle facility or building, on-site fire hydrants and lUainS shall be provided where required by the code officiaL For buildings equipped thrOUgll0Ut with an approved autolnatic sprinkler systeln installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance req.uirement sIlall be 600 feet (183). SANITARY SERVICES COMPANY 1. Please contact Bill Gregory at sse (888-3999) for detailed. review of YO.Uf proposal and sublnit stamped (approved) .plans with your final plat application. [The following agencyldepartllzent conditions are for reference only. Tile City of Meridian does not enforce these conditions. It is the applicaltt's full responsibility to llllderstand and COlllply with these conditions. In addition, please be aware that there lnay be other agency or depart/lIen! conditions or policies tltat will pertain to this develop/llent that are not listed below.] CENTRAL .DISTRICT HEALTH DEP ARTM.ENT 1. This proposal can be approved for central sewage & central water after written approval from ap.propriate entities is sublnitted. 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 3~ Run-off is not to create a mosquito breeding problem. 4. Stormwater shall be pretreated through a grassy swale pri.or to discharge to the subsurface to prevent impact to groundwater and surface water quality. 5. The Engineers and architects involved witll the design of the subject project shall obtain current best management practices for stonnwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. SETTLERS IRRIGATION DISTRICT 1. All irrigation/drainage facilities along with their easements must be protected and continue to function. TIle facility involved is the Parkins Nourse Lateral located at the east property boundary flowing SOUtll to north. A 20' easement is required. 2. A land use change application must be on file .prior to any approvals. Alexandria Subdivision - PP-04-017 (Rev.) - Exhibit D .Page 6 Of 9 (~:.H...... . 3. A license agreelnent must be signed and recorded prior to construction of any S.I.D4 facilities. 4. Any changes to the existing inigation systelTI such as relocation, tiling, and landscaping luust be approved by Settlers Irrigatiol1 District. 5. All storm drainage lnust be retained o.n-site. 6. The developtTI.ent must supply irrigation access to all lots within the subdivision. If tIle develo.per wishes to have Settlers Irrigation District own, operate, and. maintain the pressure irrigation systelD and agreem.ent needs to be in place prior to th.e preconstruction meeting. IDAHO POWER COMPANY 1. The Idaho Power Company's Locust S.ubstation, a major llUb, is located north of Alexandria Sub di visi on. 2. The company would like to inform all interested .parties that IPC .has identified the west side of Locust Grove Road from McMillan Road to Chinden Blvd~ as a proposed future power line corridor. The company's plans call for the installation of additional overhead transmission lines to be constructed adjacent to the road right of way within this segtnent of Locust Grove Road. 3. It Inay .be appropri~te to request the inclusion of this proposed conidor on the final plat maps to ensure disclosure of the company's intention. ADA COUNTY .HIGHW A Y DISTRICT Site Specific Conditions of Approval 1. Th.e applicant shall do one of tIle following: a. Dedicate by donation a total of 35-feet afright-of-way along Locust Grove Road, and construct a minilnum 5-foot wide concrete sidewalk along :Locust Grove Road, located a 2-feet within the new right-of-way. b. Do not dedicate additional right-af-way, but construct a minimum 5-foot wide concrete sidewalk along Locust Grove Road, located a minimum of28-feet from the centerlin.e of the rigllt-of-way, in an easement provided to the District. c. Do not dedicate additional right-of-way, but construct a .minimum 5-foot wide concrete sidewalk along Locust Grove Road, located at the .back edge of the existing right-of-way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilities4 Alexandria Subdivision - PP-04-0 17 (Rev.) - Exhibit .0 page 7 of9 (. :... c:.::. .:... 2. Construct W~ Star Lane in coordination with the development adjacent to the 110rth (Razzberry Crossing) as a 40-foot conunercial street section within 54-feet of right- of- way. 3. Excluding .West Star Lane a.nd East Green Haven Street, COl1Struct all internal local roadways as 29-foot street sections with rolled curb, gutter, 4-foot detached concrete sidewalks, and 5-foot landscape strips within 50-feet of right-of-way, as proposed. These roadways shall be signed for parking on one side only~ 4. Dedicate 20-feet of right-of-way for the pro.posed alley in Bloc.k 1 (from N. Bright Angel A venu.e to E. Green Haven Street). Pave the alley its entire width, as proposed. 5. If Reitiennan Avenu.e within Razzberry Crossing Subdivision to the north of the site is not COl1structed at the time of construction within this site, the applical1t shall provide a temporary turnaround. at the northern terminus of Reitierman Avenue. 6. Construct East Green Haven Lane with one-half of the street improvements on the north side inclu.ding curb, gutter, and sidewalk. Construct a minimum of 24-feet of pavement, and a 3-foot wide gravel shoulder and a drainage swale on the soutll side within a .minilTIUlTI of 40-feet of dedicated light-of-way. 7. Coordinate the design of the alternative turnaround on N. Heritage View Place with District Develo.pment Services staff 8. Direct lot access to ~ocust Grove Road is prohibited, and a .note stating this shall be placed on the final plat. 9. Comply with all Standard Co.nditions of Approval. ACHD Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outsid.e of the right-of-way. 2. All utility relocatio.o costs associated with improving street frontages abutting the site sIlall be borne .by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed developlnent. Contact Construction Services at 387-6280 (witll file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing .by the District. Contact the District's Utility Coordinator at 387-6258 (with. file nUlnbers) for details. 5. All design and construction shall be in accordance with the Ada Co.unty Highway District Policy Manual, ISPWC Standards and approved su.pplements, Construction Services Alexandria Subdivision - PP-04-0 17 (Rev.) - Exhibit D page 8 of9 (~:~.... (:':'U ...: . procedures and all applicable ACHD Ordinances unless specifically waived herein. An e.ngineer registered. in the State of Idaho shall prepare and certify all ilTI.provement plalls. 6. The applicant shall submit revised plans for staff approval, prior to issuance of.building permit (or other required .permits), Wllich il1corporates any required design changes. 7. Constructiol1, use and property development shall be in confonnance witll all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to buildil1g construction in accordance with Ordinance #198, also knOWl1 as Ada County Highway District Road lm.pact Fee Ordinance. 9. It is the responsibility of tIle applicant to verify all existing utilities within tIle right-of- way. The applicant at .no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant s.hall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breakin.g ground within ACHD right-of-way~ The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are cOlnpromised during an.y.phase of construction. 10. No change in. the tenns and conditions of this approval s11all.be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District The burden shall be u.pon the ap.plicant to obt~in written confirmation of any cllange froln the Ada County Highway Distri ct. 11. Any change by the applicant in the pla1U1ed. use of the property which is tIle subject of this ap.plication, s.hall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictio.ns in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned. use of the subject property unless a waiver/varial1ce of said req.uirements or other legal relief is granted pursuant to th.e law in effect at the time the change in use is so.ught. Alexandria Subdivision - PP-04-017 (Rev.) - Exhibit D page 9 of9 c.. . (.. .. EXHIBIT E Conditional Use Permit Alexandria Subdivision (File CUP-04-0 15) [P&Z Commission changes shown in str':?ccout and underlineformat.] SITE SPECIFIC CONDITIONS (Conditional Use Permit) 1. Applicant sllall meet all of the requirements of tIle Preliminary Plat (File PP-04...017) as a condition of the Conditional Use Permit/Planned Development (CUP-04-015). 2. Applicant shall construct the central open space/coIDlTIOn lots per the landscape plan, including the walkway system and amenities as o.utlined in Condition #5 below. 3. The alley-loaded rear setbacks for garages s.hall be a .minimu.m of18 feet. 4. A condition of the CUP/PD shall be that the ap.plicant participates in any road infrastructure agreements in the North Meridian Planning Area .negotiated with ACH.D and shall faithfully perform the terms of such agreement or agreements. 5. The applicant shall provide/construct the following am.enities within the subdivision: a. Over 10% of the gross area as useable open space, b. A tot lot; and c. Two gazebos (at least 16' diameter) 6. The following d.eviatio.ns from the Zoning and Subdivision Ordinance (MCC Title 11 and 12) are approved as part of this application: Setbacks- City Requirements (R-8) Rear: 15' Approved Setbacks Rear: 15' 18'(for the ten alley-loaded lots) Street side: 12' Proposed Lot Sizes 5,300 sq. ft Lot Size- Street side: 20' City Requirements (R -8) 6,500 sq. ft. Lot Frontage-City Requirements 65'minimum Proposed Frontage 42' min. 7. All develo.pment shall comply with tIle Americans with Disabilities Act and the Fair Housing Act, including all pathways in tIle common lots~ Alexandria Subdivision - CUP-04-0 15 (Rev.) - Exhibit E page 1 of2 (- c:. :.. 8. No building .permits shall be issued within the developtnent until a Final Plat has been recorded. for the subdivision. Alexandria Subdivision - CUP-04-01 5 (Rev.) - .Exhibit E page 2 of2 c...:.... c........ .. EXHIBIT F.l. Annexation and Zoning Findings Alexandria Subdi.vision (File AZ-04-0 11) The City Council hereby approves tIle following analysis of required findings by staff: According to Ordinance 11-15-11 , General Standards Applicable to Zoning Amendments, both the P&Z Commission and Council are required Uto review the particular facts and circumstances of each proposed zoning amendment in terms of the following standards and shall find adequate evidence answering the following questions about th,e 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 the requested zoning designation of R-8 is harmonious with and in accordance with the adopted Co.mpre.hensive Plan and Generalized Land Use Map, wh.ich designates the land to be "Mixed Use Neighborhood." The Special Considerations sectio.ll of the staff report discusses tIle issues surro.unding the Neigh.borhood -Center~ Pages 4-6 of the ap.plicant's supplement narrative (dated 12/21/04 by B&A Engineers) cite several policies fro.m the 2002 COlnprehensive Plan that :pertain to and su:pport the annexation~ Staff agrees with the policies and statelnents. B. Has there been a change in the area or adjacent areas which may dictate that the area should be rezoned. For example, have the streets been widened, new railroad access been developed or planned or adjacent area being developed in a fashion similar to the proposed rezone area; The area has been designated as. a Mixed-Use Neighborhood area ill Meridian's COID.prehensive Plan~ The COlnprehensive Plan designations in combination with the su.bject property's location on an arterial roadway with existing commercial and residential developlnent .helps to make th.e proposed development compatible with surrounding land uses and the City of Meridian's plan for the development of the area~ Recently approved developments in the vicinity of the subject property include Heritage Commons, Havasu Creek, Razzberry Crossing, and Brockton Subdivisions. c. 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 Alexandria Subdivision - AZ-04-0 11 - .Findings of Fact, Conclusions of Law & Decision and Order .Page 1 of3 {~ ~:.. will not change the essential character of the same area; Staff finds that the proposed uses are compatible witl1 the existing and intend.ed character of the area. The COlnprehensive plan designates tIle area as Mixed .Use - Neighborhood; the proposed residential uses (both standard and alley-loaded product) are compatible with the COffi.prehensive Plan designation, which encourages short blocks and radiating d.ensities. Staff finds that the proposed uses can be designed and constru.cted in a manner that will be harmonio.us with and appro.priate in appearance with. tIle existing and intended character of the surrounding area~ D~ Will the proposed uses not be hazardous or disturbing to existing or future neighboring uses; The COlnmission and Council s:hould rely on public testimony to determine whether or not the proposed use will be disturbing or hazardous to the neighboring uses. Staff does not anticipate that the proposed uses will be hazardous or disturbing to future or existing neighbors. :E. Will the area be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structur_es, 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 subject property can be served adequately by most essential public facilities and services. The Meridian Fire Department (Deputy Chief Silva) does not allow anyon-street parking where tile dri.veable surface of a street is below 29 feet (back-of-curb to back-of- curb). As amended, the driveable surface is 30..5 feet (center-of-gutter to center-of-gutter - as measured by the MFD (see MF.D conditi.on #1). Sanitary sewer service will .be via mainline extensions from Razzberry Crossing subdivision. Please review ACHD, Police and the Fire Department's comments concerning this subdivision for further information regarding public services and facilities. F. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; Staff finds that there will not be additional requirements at public cost and that th.e annexation and zoning will not be detrimental to tIle comm.unity's Alexandria Subdivision - AZ-04-0 11 - Findings of Fact) Conclusions Of Law & .Decision and Order page 2 of3 (':~-": ~ : economic welfare. G. Will the proposed uses not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; Staff finds that the pro.posed uses will create additional traffic, especially on Locust Grove Road. However, staff does not believe that the increase in traffic will be excessive~ ACHD staff approved the revised plat (witll conditions) on January 25, 2005. Staff does not anticipate that the .pro.posed development will generate traffic, noise, smoke, odors or other nuisances that would be detrimental to tIle general welfare of the surrounding area. H. Will the area have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding pub.lie streets; Staff finds that the pro.posed ve:hicular ~pproach to Locust Grove Road and. the extension of the two stub streets from Razz.berry Crossing Subdivision to tIle north should not apprecia.bly interfere with traffic on the surrounding streets~ The proposed closure of E. Green Haven Street where it COlU1ects to Locust Grove Road should have a positive impact on traffic flow on that arteriaL Ada County .Highway District's comments should be considered wilen ma.king this finding. I. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and Staff finds that no natural or scenic features of major importance will be lost or damaged by approval of this annexation request. J. Is the proposed zoning amendment in the best interest of the City of Meridian. (Ord. 592, 11-17-1992)" Staff finds that the annexatio.u of this property would be in tIle best interest of the City by providing a diversity of housing types and lot sizes in one of Meridian's designated N.eigllborhood Centers. Alexandria Subdivision - AZ-04-0 11 - Findings of Fact~ Conclusions of Law & Decision and Order .Page 3 Of 3 t.;.. .. (.. .: (...... EXHIBIT F.2. Preliminary Plat Findings Alexandria Subdivision (File PP-04-017) The City COUll.cil hereby approves 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 Commission/Council shall consider the objectives of this title and at least thefollowingc. a. The conformance of the subdivision with the Comprehensive Development Plan; As noted in the Annexation and Zoning Findings, staff finds that tIle subdivision conforms with the intent of the COluprehensive Plan. b. The availability of public services to accommodate the proposed develop.men t; Stafffinds that .public services are, or will be available to accommodate the .proposed subdivision. The developer will pay for the constru.ction of all services to the proposed develo.pment c. The continuity of the proposed development with the capital improvement program; Stafffinds that the subdivision will not require the expenditure of capital improve.ment funds. The developer will extend all services to the subject property~ d. The public fmancial capability of supporting services for the proposed development; Stafffinds that the develo.pment will not require major expenditures for providing supporting services9 The developer will extend all services to the subject ". property~ e. The other health, safety or environmental problems that may be brought to the Commission's attention. Staff finds there are no foreseeable health, safety or e.nvironmental problems that Inay result from construction of Alexandria Subdivision. Alexandria Subdivision - PP-04-0 17 - Findings Of Fact, conClUSions Of Law & .Decision and order page 1 Of 1 {<.....~....:.. {~, .:...':. (. EXHIBIT F.3. Conditional Use Permit Findings Alexandria Subdivision (File CUP-04-015) The City Councilllereby approves tIle following al1alysis of required findings by staff: The Commission and Council shall review the particular facts and circumstances of each proposed conditional use in terms of the following and may approve a conditional use permit if they shall find evidence presented at the hearing(s) is adequate to establish (11- 17-3): A. That the site is .large enough to accommodate the .proposed use and all yards, open spaces, parldng landscaping and other features as may be required by this ordinance; Staff finds that the subject pro.perty's size of9.8 acres is large enough to accommodate the proposed residential development and all other required atnenities and features. B. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the req.uirements of this Ordinance; TIle current Comprehensive Plan Land Use Map designates the property as Mixed Use - Neighborhood. The proposed residential uses are harmonious with and in accordance with the Comprehensive Plan. The project meets the requirements and objectives of the PlalUled Development Ordinance~ 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; Staff finds that the proposed uses will.be compatible witll other uses in the general neighborhood and the existing and intended character of the general vicini~y~ 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 tIle proposed project will have an adverse impact on the surrounding prope.rty; however, the Commissio.n and Council should consider any testimony given at the public hearings 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 Alexandria Subdivision - CUP-04-015 - Findings Of Fact, ConClUSions Of Law & DeCiSion and order page 1 of2 (. structures, refuse disposal, water, sewer or that the pel"son .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 essential public facilities including: streets, police and fire protection, drainage structures, refuse disposal, water and sewer~ F. That the proposed use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; Stafffinds that the .proposed. use would not be detrimental to the economic welfare of the community, nor would it create the need for any new facilities or services to be paid for by the public~ 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; Stafffinds that no excessive traffic, noise, sm.oke, fumes, glare or odors will result from the proposed commercial and residential uses. H. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; Stafffinds that the .pro.posed use will not create significant interference with any traffic on the surrounding public streets. To prevent traffic .hazards and interference on Green Haven, parking s.hould only be permitted on one side of the street. The Council and Commission should refer to the ACHD report for additional information concerning this finding. I. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. Staff does not find that any natural or scenic feature will.be lost, damaged or destroyed by issuance of this conditional use. Alexandria SubdiviSion - CUP-04-0 15 - FindingS of Fact, conCluSions of Law & DeCiSion and order page 2 of2 l. \~ EXHIBIT G Alexandria Subdivision (PP-04-017, CDP-04-015) Approved Street Sections f!! ~~f ~!b~ ..Jt------- [)(sr~_~ t)- f _.L_.... ACC(SS tASE:UfHT + .:so ,. 11,l:~ J (0 lJA,C1( u.~' ."t- --lJ.n' 1- I ~9~ u: J..i.IDll I ~ . . . . ~ -:- .. . .... r ~ .~ ~. . ~~. r..... . r -'" . . .. f.. of' . ..r Sl:O &oS!. ~ :2. 'at d.. l,l~~. ('OURSt _ ..~ or . MtJ.W5 ~~~./J"it~~~: 1.~.p.W.r~E~~ :J1R 2~. n:Q-(f-Cr-~'A'II --------.....~ ... 10..bt I ... UU\.C OlSt.uc ,~. -......----Jt-. Y1.....TIES . .t.cco~ rASC""CNT. i ~ ~ttlf! ~T I Jl- ~ :S:O[f"~K t J, B. ~ L. t. ~ }....... S. ....t.."""",.... 11II ~ ~- SHct.i\,.OCR '1 -, I E"ASC~ tfJ ! / co l.lCi~n!: $IOf. WAI,.I( I t Pl.AhT(Ji: 'S fR~? PCR' t 5. P Wore. lrr. ) ~~~1~ ORAW~M:; ). ROLl. E 0 C=.tF1'9 .lhD Gl-' r(" W"nu ~., OA'it , tn L:S~P w c. ;;J~ ftO SOoN 70' EAsT GREEN HAVEN STREET SECT(ON (30-51 SACK TO BACK) N"OT lO StAlr ~_.- · ..-. ... -- ~" JHuHT~Of"-""'^" I ~ ' 3o..S'- o,.Clll 10 lW::1C or tUR'- -t ti-4.-t-.~. 2-f-----1J-~-.- 2 $' 1J.25'- --t1:t-5.-r ~4.' ~- 1.. "'l"'U,lt.l~ .uw;: &1I,.:.uuu_ . _ · ~Clt J .,. .. < ,...,. .;. ~ ..' . .~: '7.' ,."- '_~ '.: · w ~ ~ ,-'. -. ,.... ,<. ~: ,. . ,. .2. ~;z~.;; .~~~~;;c l p::;rER SlFh~ S. R (n,.. J suo DASc. . 12 or tO~C4\f;1:I; P'1:1f \ ( ., CJiUStC) -'t.CCRtc...rr ~;.~.~~ :F.~JQ1.l l5 P W.e n.C"1ION lICI') L)~ 1l0lU~'O Clill8 AAD t~UWED -'oc;:lE~TI: \. ~~U~~~~K.:l:S;. Bot wmn Will-( G"" !I~!H P(~ BASI:. coumrc - ZoO UHC(R totUI 15.P ".C- :;M'G No.. .,l:'oIU.t:a.( 'Df:IC tl ~S5 NO~( so.- 1().2 o '-'(I(A s.t"I'I'~1( A. it.. FOOt EAStl.,(LlvZ AOJA[;U.1 10 lliE MO"OfT'f UI'O( SHlll II( f4 f..S(N~O ~ 'J~t r.~ PIA' roo pue ~rc ur~rJJ~ts il-..o ::IO( W4L~ SkCUlC(~ ~sQ.t['''r TVPJCAL 50' ROAD S!;CTION tJO t 10 SCAlf JiOl r:.: A to fOOT C:As(~EHl A~(NI 10 TiIi~[ P"O~(i1TY ur~E '5 ~ Ere kE sr.:r.(t) en [He rll'lAL PlA ~ , 0J.t Pl..'Ot.c VI ~TE.S AND StOE.~1It '5 ~LOCA' EAS(Wf;:UT TvprCAL 42-' ROAD SECnON J - If"t.)..lf. P ~Ha A~1J cuneR Wir.f ,.. sASC PI f S,~ W C DM't. NO. SO.. :101 OAt : l,Z I:2f APPROVED AS sua o APPROVED WJrn ATTACHED RNDINGSCOnRECJEIJ o NOT APPROVED NC I l' 0- SCA...t: ! I I $&.4 ~~~ JI~. 1........It.., I..~":~!.::;~~: ~.~, I ~.. InII .........4.:.. ~.;II "L.:....., ,.. iJ. -..) ;I. I~ ,. .J.r" rII~ ~~ -411' ~ (....... (... .:. .:~... .: . EXHIBIT F CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the matter of a request for Annexation and Zoning of 9.8 acres from RUT to R-8 zone AND Preliminary Plat approval of thirty-three (33) single-family residential and four (4) common lots on 9.8 acres in a proposed R-8 zone AND Conditional Use .Permit approval for a Planned Development for reductions to the minimum requirements for lot area, rear building setbacks, street side setbacks and minimum street frontage, for Alexandria Subdivision, by Lonnie Johnson. Case No(s): AZ-04-011, PP-04-017, CUP-04-015 For the City Council Hearing Date of: March 8, 2005 A. Findings of Fact 1. Hearing Facts a. A notice of a. public hearing was published for two (2) consecutive weeks prior to the City Council public hearing, the first publication appearing and written notice mailed to property owners or .purchasers of record within three .hundred feet (300') of the external boundaries of the property~ The notice of public hearing before the City Council was posted upon the .property under consideration more than one week before said :hearing. All other noticing was done consistent with Idaho Code g67- 6509. The matter was duly considered by the City Council at tIle March 8, 2005, public hearing(s). T.he applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian were given full opportunity to express com.ments and submit evidence. b. Written and oral testimony was received on this matter, as reflected in the records ofth.e City Clerk (for written testimony) and in tb.e official meeting Inin.utes (for oral testimony). c~ The Planning and Zoning Commission conducted a .pu.blic 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 tlle evidence an.d the record in this matter. 2.. Process Facts CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DEClSION & ORDER CASE NOeS). AZ-04-0 IS, PP-04-0 17, CUP-04-0 15 - PAGE 1 Of 4 (-. . c.. a. There has been compliance with all notice al1d l1earing requirelnents set forth in Idaho Code 967-6509, 6512, and Meridian City Code ~~ 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. Application and Property Facts a. In addition to the application and pro.perty facts noted. :in tIle staff report and the Plannin.g & Zoning Reconunendation for the subject application(s), it:is hereby verified that the property owner( s) of record at the time of issuance of these findings are Lonnie and. Karen J olmson~ 4. Required Findings .per Zonil1g and Subdivision Ordinance a. See Exllibit .F.l (AlU1exation and Zoning), Ex.hibit F.2 (Preliluinary Plat) and .Exhibit F.3 (Conditional Use Permit) for the findings required for tllis application. B. Conclusions of Law 1 ~ The City of Meridian s.halI exercise the powers conferred u.pon 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 takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning maps tl1ereof. The City of Meridian has, by ordinance, established tIle Ilnpact Area and the Amended Comprehensive Plan of the City of Meridian, whicll was adopted August 6, 2002, Resolution No.. 02-382 and Maps~ 3. The conditions shall be reviewa.ble by the City Council pursuant to Meridian City Code S 11-17-9. 4. Due consideration l1as been given to the comment(s) received frOlll the governmental s.ubdivisions providing services in the City of Meridian .planningjurisdiction~ 5. It is found public facilities and services req.uired .by the proposed development will not impose expense upon the public if the attached conditions of a:pproval are im.posed. 6. That the City has granted an order of approval in accordance Wit}l 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 Department, the Public Works Department and any affected party requestin.g notice~ 7. That this approval is subject to the Legal Description in Exhibit A, the Preliminary Plat in Exllibit B, and the Conditions of Approval in Exhibit C, D and E. TIle conditions are con.eluded to be reasonable al1d the applicant shall meet such requirelnents as a condition of approval of tIle application. c. Decision and Order CITY OF MERIDIAN FlNDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-04-01S, PP-04-017, CUP-04-015 - PAGE 2 of4 r.~... l.<..... . Pursuant to the City Council's authority as provided in Meridian City Code S 12-3-5 and based u.pon the above and foregoing Findings of Fact whicl1 are herein adopted, it is hereby ordered that: 1. The applicant's Preliminary Plat as evide.nced by having submitted tIle .Preliminary Plat dated Novem.ber 29, 2004 is .hereby conditionally ap.proved; and 2. The conditions of approval are as sllown in Exhibits C, D and. E. D. Notice of Applicable Time Limits (as applicable) 1. Notice of Twelve (12) Month Prelilninary Plat Duration Please take notice that after the date of approval of tIle preliminary plat, the owner or developer sllalll1ave o.ne year within WIlich to file the request for approval of the final plat. After approval of final plat, the owne.r or develo.per shall have one year to begin construction of the public utilities and one year thereafter to cOln:pIete construction of th.ose public facilities. (MCC 12-2-4~B & C.) E. Notice of Final Action and Right to Regulatory Takings Analysis 1. Th.e Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such req.uest must be in writing, and must be filed with the City Clet.:k not more t11an twenty-eight (28) days after the final decisiol1 concerning the Inatter at issue. A request for a regulatory takings analysis will toll the tilne period within which a Petit.ion for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code 9 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 tIle date of this decision and order seek a judicial revi.ew as .provided by Chapter 52, Title 67, Idaho Code. F. Exhibits Exhibit F.l: Annexation & Zoning Findings Exhibit F.2: Preliminary Plat Findings Exhibit F~3: Conditional Use Permit .Findings By action of the City Co.uncil at its regular tneeting held on the \ilClJ\Dp , 2005. 'b-r\- day of CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND .DECISION & ORDER CASE NO(S)~ AZ-04-0 15; PP-04-0 I 7, CUP-04-0 15 - PAGE 3 Of 4 (. /""" " ( . . COUNCIL MEMBER SHAUN WARDLE VOTED ~ COUNCIL MEMBER CHRISTINE DONNELL VOTED COUNCIL MEMBER CHARLIE ROUNTREE YOTE.D COUNCIL MEMBER ICEITH BIRD VOTED MAYOR TAMMY de WEERD (TIE BREAKER) VOTED Attest: and City Attorney. Dated: Ll-l-QL;' CITY OF M ERJDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-04-0 15, PP-04-0 17, CUP-04-0 15 - PAGE 4 Of 4 (~:.... EXHIBIT A Alexandria Subdivision AZ-04-0 11 Legal Description &J. & u:t. 8~ t.!h-ux 5505 W. FrankUn Road. Boise, Idaho 83705-1055 Alexandria Su bdivision Annexation Description A parcel of land situate jn the south half of the northeast quarter of Section 3] of Township 4 North, Range I East of the Boise Meridian, being Lot 11 ofCrestvlood Subdivision No. I as recorded in Book 28 of Plats at Pages 1757 and 1758 in the office of the Ada County, Idaho, Recorder AND adjoining Right-of- Way of North Locust Grove Road lying in said Section 31, being more particularly described as follo\vs: Conunencing at a brass cap marking the northea'it comer of St'lid Section 31; thence SOoo07' 15"\V,. I ,661 ~98 feet along the east boundary of said Section 31 to the extension of the northerly boundary of said Lot 11, which is the POINT OF BEGINNING; Thence S89046t32"W, 33~OO feet along said extension to the northeast corner of said Lot 11; Thence continuing S89046'32;~\V, 1,284~OO feet along the northerly boundary of said Lot 11 to the northwest corner of said Lot 11; Thence .SOQo09'26nW, 332.24 feet along the westerly boundary of said Lot 11 tn the southwest comer of said Lot 11; Ibence N89047"03"E, 1 ,284.2 t feet along the southerly boundary of said Lot 1 ] to the southeast comer of said Lot 11; Thence continuing N89047'03".E, 33.00 feet along the extension of said southerly boundary to the east boundary of said Section 3 t; Thence NOoo07' 15'''E, 332.44 feet along said east boundary to the POINT OF BEGINNING. The above-described parceJ contains 1 0.05 acres, more or less. ( EXHIBIT B Alexandria Subdivision (AZ-04-011, CUP-04-015) Approved Preliminary Plat/Site Plan (see attached) (/.~... -. .. . . . : en...... . 'lIlt ~_ -"'<. I -_ ~~ .,~~...7' _ _ _ _ ~C.!f~ _ _ _ __ - il...+-7- IM1I .... ..IlIIXJ'1 .. I =>>.-.~~ . ~ ~Y7-' I r~ .. ..., .. ~ g I 8 ~ ~ ~ W L-Jj :J o j f ~^ J tf3 U-rtlMtn /. . (. . \.. . EXHIBIT C Al1l1exation al1d Zoning Application Alexandria Subdivision (AZ-04-011-revised) ANNEXATION AND ZONING COMMENTS 1. The legal description submitted with the application (stamped by Josepl1 Canning, dated 5-4- 04) appears to meet the requirements of tIle City of Meridian and State Tax Commission and places the parcel contiguous to existing city limits. 2. The req'uested zoning designation of .R-8 is compatible with tIle City Comprehensive Plan and Meridian's Zoning Ordinance. 3. The subject pro:perty is within the U'rban Service Planning Area. Essential City services are available to the subject property. 4. Any existing domestic wells and/or septic systelTIS within this project will have to be removed from their do.mestic service per City Ordinance Section 5-7-517~ Wells may be used for nO.n-dolnestic purposes snell as landscape irrigation. f . \~ (. .:~ EXHIBIT D .Preliminary Plat Conditions of Approval Alexandria Subdivision (File PP-04-017 - .Revised) SITE SPECIFIC CONDITIONS-PRELIMINARY PLAT 1. All conditions of the Conditional Use Permit (File CUP-04-015) for Alexandria Subdivision shall be cOlnplied with as .part of the subject Preliminary Plat (File :PP-04- o 1 7). 2. The su.bdivider/developer shall ensure that the recorded CC&R's for Alexandria Subdivision clearly describe the purpose, fencing, access rights, and maintenance responsibilities of the "Common O.pen Green. Easelnent" shown within Block 3. 3. No parking s.hall .be allowed on the tee portion ofN. Heritage View Place and it shall be signed as "No Parking." 4. Sanitary sewer and. water service to tllis development sIlal! be via mainline extensions fro.m Inains in the adjacent Razzberry Crossing Subdivision. Applicant will .be responsible for con~tructing the sewer and. water m.ains to and through this proposed develo.pment Subdivision designer to coordinate .main sizing and routing with tIle Public Warks Departlnent a. Extend the water main on Madison Avenue, north, to the su.bdivision boundary and install a blowofffor future connection to Razzberry Crossing water main. b. Extend the water Inains on Madison and Reitennan Avenues, SOUtll, to the subdivision boundary or sQut11ern edge of an easement .provided as desc.ribed in Ite.m 4.c. below. c. Provide a standard 20' City of Meridian water/sewer easement (from the property owner to the south) to allow the sewer main and water Inain extensions sh.own along Green Haven Lane to be constructed~ 5. The ap.plicant has in.dicated that the pressurized irrigation system within this development is to be owned and operated by Settlers Irrigation District. Underground year-round pressurized ini.gation must be provided to all lots within tllis development (MCC 12-5-2.N). The City of Meridian requires that pressurized irrigation systems be supplied .by a year-round source of water (MCC 12-13-8.3). The Applicant shall be required to utilize any existing surface or well water for the primary source. If a Alexandria Subdivision - PP-04-017 (Rev.) - Exhibit D page 1 of9 {':.. .... \;,.,....: . surface or well source is .not available, a single-point COilllection to the culinary water systelll sllall be required. If a single-point connection is utilized, the developer shall be responsible for the .payment of asseSSluents for the common areas prior to signature on the final .plat by the Meridian City El1gineer. If the system is to remain private, a draft co.py of tIle pressurized irrigation system O&M InanuaI must be submitted prior to plan approval. 6. The ap.plicant shall be respollsible for payment of and the actual physical sanitary sewer and domestic water connection for the existing house on Lot 4, Block 4. 7. T.he applicant shall comply witll MCC 12-4-14 (Common Drive :Oesign) for Lot 2, Block 4. A note shall be added to the final plat whicl1 prohibits Lot 3, Block 4 from having direct access to the common driveway on Lot 2, Block 4. 8. Since tIle driveway for Lot 2, .Block 4 is greater than 150 feet in length, the applicant shall submit details for an approved fire truck turnaround on Lot 2, Block 4 with the final plat application. 9. Applicant shall revise the preliminary plat as follows: a. Show set-aside areas for street drainage retention/detention; b. Create a common lot in the northeast comer of Lot 2, Block 3 to accolnmodate the entry sign and landscaping, not an easement as shown; c. Graphically depict the common driveway easements being .proposed for :Lots 2 and 3, Bloc~ 3 and for Lots 1 - 3, Block 4 and provide a plat note explaining the easement; d. Revise the "Setback Table" to re-Iabel "Rear Setback (Garage)" as "Alley Rear Setback. e. Correct the proposed minimum street frontage and lot area figures to accurately coincide with the CUP/PD application. f. Revise the "Setback Table" footnote to reflect the correct lot and block numbers. g. Revise the title box to show this plat is a "Resubdivision" of Lot 11, Crestwood Subdivision No. 1. ~ 10. Fencing details shall .be submitted with the Final Plat ap:plication. Fencing adjacent to .pathways or the COlnmon area lots sllall not be over four feet in .height if constructed of a solid material. In ad.dition, a solid, 6-foot high .perimeter fence 811a11 be installed .prior to any building pe.rmits being issued, unless agreed to otb.erwise in writing by the Planning Director. 11. All adjacent agricultural uses shall be .protected and a note added to the face of the plat regarding the .Right to Farm Act. 12. The preliminary landscape plan submitted with the prelilninary plat (S.heet 1, dated 12/10/04 by B&A Engineers) is approved witll the following changes: a. Revise the plan to reflect the applicable changes listed in condition #9 above. Alexandria Subdivision ~ PP-04-017 (Rev.) - Exhibit D page 2 of9 f :~.. ~. . . (:,. . :.... . ..(:. . . f '. {. . ..... . b. Show a miniluu.m 3-foot l1igh berm or other features to screen westbound autolTIobile headlights from the residence on Lot 2, Block 3. c. Show all proposed fencing types, l1eights and locatio.ns. 13. TIle required lal1dscaping and irrigation system shall be installed prior to the issuance of a Certificate of Occupancy for any building on any lot created by the subdivision. Landscaping and fencing must be bonded for prior to applying for building pennits~ 14. No pllasing lines were shown on the .prelilninary :plat. If phasing is .planned, ~pplicant shall submit a revised plat prior at least 10 days prior to the next pu.blic .hearing showing tIle pro.posed phase lines. 15. Underground pressurized irrigation lTIUst be provided to all landscape areas on site. The applicant has indicated that the pressurized inigation system within this development is to be owned and maintained by the N amp a & Meridian Irrigation District. 16~ The City of Meridian requires that pressurized irrigation systems be supplied by a year- round source of water. If a creek or well source is not available, a single-point cOlUlection to the culinary water system s11all be req.uired. If a single-point connection is utilized, the developer shall be responsible for the payment of asseSSlnents for the COlnmon areas prior to signature on the final plat by the Meridian City Engineer. 17. Per action taken at the March 8, 2005 City Council hearing, the City Council grants the developer the option to constru.ct or not construct the off-alley parking stalls grapllically depicted in Block 2~ofthe approved Preliminary Plat STANDARD CONDITIONS (Preliminarv Plat) 1. Please sublnit a copy of the Ada County Street Name COlTItnittee's approval letter for tIle subdivision name, and the lot and block nUlnbering. Make any corrections necessary to confo.rm. 2. A letter of credit or cash surety in the amou.ut of 110% will be required for all fen.cing, landscaping, play equipment, pressurized irrigation, sanitary sewer, water, etc.., .prior to signature on the final plat. 3. Sidewalks within the proposed subdivision s.hal} be built in accordance with MCC12-13- 1 0-8 . 4. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were relnoved. Required landscaping trees will not be considered as replacement trees for those trees that are removed. 5. Developer shall coordinate mailbox locations with the Meridian Post Office. Alexandria Subdivision ~ PP-04-017 (Rev.) - Exhibit D page 3 of9 (:.. .. \. 6. Any existing domestic wells and/or septic systems within. this project will have to be removed froIn their domestic service per City Ordinance Seetio11 9-1-4 alld 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 7. Coordinate fire hydrant placement with the City of Meridian Public Works Departlnent. 8. 1. GO-watt, 11igh-pressure sodium streetlights will be required at locations designated by the .Public Works De.partment. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit frOlTI the Public Warks Department prior cOffilnencing installations. 9~ All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to tIle 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 owner's), with writte.n approval or non-approval submitted to the Public Works Deparhnent. If lateral users associatiol1 ap.proval can't be obtained, plans will be reviewed and approved .by the Meridian City Engineer prior to final plat signature. 10. Please submit all updated groundwater/soils .monitoring data to the Public Works Departlnent for review9 All drainage areas (detention/retention basins) must be designed to ensure that water is retained only during 1. GO-year stonn events, and. for a period of time not to exceed 24 ho.urs. Side slopes w.it11in drainage areas shall not exceed 3: 1. 11. Applicant's engineer will be required to submit a signed, stamped statement certifying that all street finish centerline elevations are set a .minitnurn of three feet above the highest established normal groundwater elevation~ This is to ensure that the bottom elevation of the structural footings ofho.mes are at least I-foot above groundwater. 12. Com:paction test results Inust be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 139 Graphically depict any FEMA flood plain boundaries. Note restrictions associated with the flood zone on the face of the preliminary plat 14. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army COl]1S of Engineers. 15. A.p.plicant shall be responsible for application and com:pliance witll and NPDES Permitting that may be required by the Environmental Protection Agency. 16. Performance specifications for tIle common area pressurized irrigation system shall be su.bmitted with each Final Plat application~ Alexandria Subdivision - PP-04-017 (Rev.) - Exhibit D page 4 of9 { : \. ....... (,:.:.... ....j. AGENCY CONDITIONS & COMMENTS FIRE DEPARTMENT 1. The Meridian .Fire Departme.nt requires a IniniInum of 29 feet of free-and-clear driving surface for all street sections (center-of-gutter to center-of-gutter)~ As proposed, only 27 feet is provided~ N.o parking is allowed unless a 29-foot street section (measured center-of-gutter to center-of-gutter) is provided4 2. One and two family dwellings will require a fire-flow of 1,000 gallons per lninute available for duration of 2 hours to service the entire project Fire hydrants shall be placed an average of 400' apart. (International Fire Code Appendix D) 34 Acceptance of tIle water su.pply for fire :protection will.be by the Meridian Fire Department and water quality by the Meridian Water DepartInent for bacteria testing. 4~ All COlnrnon driveways s.hall be straight or have a turning radius of 28' inside and 48' outside and shall have a clear driving surface which is 20' wide. 54 Final Approval of the fire hydrant locations shall be by the Meridian Fire :Oepartme.nt. a~ Fire Hydrants shall have the 4 12" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c~ Fire hydrant :markers shall be provided per Public Works spec~ d. Locations with fire hydrants shall have the curb .painted red 1. 0' to each side of the hydrant loc'!tion. e~ Fire Hydrants sIlal1 be placed on corners. f~ Fire :hydrants shall .not have any vertical obstructions to outlets within 1 0' ~ 6~ All entrance and internal roads shall have a turning radius of 28' inside and 48' outside . radius. 7. Provide a 20' wide Fire Lane for all internal & external roadways. 8~ Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 9. The roadways shall be built to Ada County Higl1way Standards an.d shall have a clear driving surface, available at all times, which is 20' wide. Streets with less than. a 29' street width s.hallllave no parking4 Streets with less t]lan 33' shall have parking only on. on.e side. 10. The proposed 33-10t subdivision with an estimated 2.9 residents per household would have a total estimated population of 96 residents at build out. 11. Where applicable, paint the curb red and provide signage "No Parking Fire Lane". Alexandria Subdivision - P.P-04-017 (Rev~) - Exhibit D page 5 of9 (/m .-:.. . . (~n. i. 12~ Wllere a portion of the facility or b.uilding hereafter constructed or moved. into or within the jurisdiction is lTIOre than 400 feet (122 In) from a hydrant on a fire ap.paratus access road, as measured by an ap.proved route around the exterior of the facility or building, on-site fire hydrants and mains shall .be provided where required by the code official. For buildings equipped tllrougho.ut Wit11 an approved automatic sprinkler system installed ill accordance with Section 903.3.1.1 or 903.3~ 1.2 the distance requirement shall be 600 feet (183)4 SANITARY SERVICES COMPANY 1 ~ Please COl1tact Bill Gregory at sse (888-3999) for detailed review of your proposal and submit stamped (approved) plans with your final plat application. [The following agency/departlllent conditions are for reference only. The City of Meridian does not enforce these conditions. It is the applicant's full responsibility to uIlderstand and conlply with these conditions. In addition, please be aware that there nlay he otlter agency or depart/llent conditions or policies that will pertain to this develop/llent that are not listed below.) CENTRAL DISTRICT HEALTH DEPARTMENT 1. This proposal can .be approved for central sewage & central water after written approval from appropriate entities is subln.itted. 2.. The Applicant's central sewage and central water plans lTIUst be submitted to and approved .by the Idaho Departnlent of Health & Welfare, Division of.Environmental Quality. 3.. Run-off is not to create a .mosq.uito .breeding problem. 4. Stonnwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 5~ The Engineers and architects involved with the d.esign of the subject project shall obtain current best managelnent practices for stormwater disposal and design a stormwater .managelnent system that prevents groundwater and surface water degradation. SETTLERS IRRIGATION DISTRICT 1. All irrigation/drainage facilities along with their easements must be .protected and contil1ue to function. The facility involved is the Parkins Nourse Lateral located at the east property .boundary flowing south to north. A 20' easement is required. 2. A land use change application must be on file prior to any approvals. Alexandria Subdivision - PP-04-017 (Rev.) - Exhibit D page 6 of9 (~.~..:i .. (/..... . 3. A license agreement must be signed and recorded prior to constructio.n of any S.I.D. facili ti es ~ 4. Any cllanges to the existing inigation systelTI su.ch as relocation, tiling, and landscaping must be approved by Settlers Irrigation District. 5. All stann drainage luust be retained on-site. 6. The development must supply irrigation access to all lots within the subdivision. If the developer wishes to have Settlers Irrigation District ow.n, operate, and m.aintain the pressure irrigation systelTI and agreelnent needs to be in place prior to the preconstruction meeting. IDAHO POWER COMPANY 1 ~ The Idaho Power Company's Locust Substation, a major hub, is located north of Alexandria Subdivision. 2. The cOlnpany would like to infonn all interested parties that IPC has id.entified the west side of Locust Grove Road from McMillan Road to Chinden Blvd9 as a proposed future power line co.rridor. The company's plans call for the installation of additio.nal overl1ead transmission lines to be constructed adjacent to the road right of way within. this segtnent of Locust Grove Road. 3. It may be appropri'!te to request the inclusion of tIlis proposed corrid.or on the final .plat tnaps to ensure disclosure of the company's intention. ADA COUNTY HIGHWAY DISTRICT Site Specific Conditions of Approval 1. The applicant shall do one of the following: a. Dedicate by donation a total of35-feet of right-of-way along Locust Grove Road, and construct a minilllu.m 5-foot wide concrete sidewalk along Locust Grove Road, located a 2-feet within the new right-of-way. b. Do not dedicate additional right-of-way, b.ut construct a minimum 5-foot wide concrete sidewalk along Locust Grove Road, located a minimum of 28-feet from the centerline of the right-of-way, in an easement provided to the District c. Do not dedicate additional rig11t-of-way, but construct a minimum 5-foot wide concrete sidewalk along Locust Grove Road, located at the .back edge of the existing right-of-way. Accomplish all necessary adjusttnents to properly accoffilnodate existing drainage and utili ties. Alexandria Subdivision - PP-04-0 17 (Rev.) - Exhibit D page 7 of9 f~~-...: .. \...~....:. ... .. 2. Construct W. Star Lalle ill coordil1ation with tIle development adjacent to the north (Razzherry Crossil1g) as a 40-foot comlnercial street section within 54-feet of rigllt-of- way. 3. Excluding West Star Lane and East Green Haven Street, construct all intemallocal road.ways as 29-foot street sections with rolled cu.rb, gutter, 4-foot detaclled concrete sidewalks, and 5-foot lal1dscape strips within 50-feet of right-of-way, as proposed. These roadways shall be signed for parking on one side only. 4. Dedicate 20-feet of right-of-way for the proposed alley in Block 1 (from N. Bright Angel Avenue to E. Green Haven Street). Pave the alley its entire width, as proposed. 5. If Reitienn.an Avenue within Razzberry Crossing Subdivision to the nortll of the site is not constructed at th.e time of construction within this site, the ap.plicant shall pro.vide a temporary turnaround at the northern. tenninus of Reitierman Avenue. 6. Co.nstruct East Green Haven Lane with one-half of the street improvelnents on th.e north side including curb, gutter, and sidewalk. Construct a minimum of 24-feet of pavement, and a 3-foot wide gravel s.houlder and a drainage swale on the south side within a minimUlTI of 40-feet of d.edicated right-of-way. 7. Coordinate the design of the alternative turnaround on N. Heritage View Place with District Development Services staff. 8. :Direct lot access to Locust Grove Road is prohibited, and a note stating this shall be .placed on the final plat 9. Comply with all Standard Conditions of Approval. ACHD Standard Conditions of Approval 1. Any existing inigation facilities sllalI be relocated outside of the ligllt-of-way. 2. All utility relocation costs associated. with improving street frontages abutting tIle site shall be .borne .by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the constructio.n of the proposed development. Contact Construction Services at 387-6280 (witll file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless ap.proved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved sup.p.lements, Construction Services Alexandria Subdivision - PP-04-017 (Rev.) ~ Exhibit D page 8 of9 (rM:. .. ('0. ..'.. :procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all ilnprovelnent plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or otller required pennits), which incorporates IDlY required design changes. 7. Construction, use and pro:perty development shall be in confo.rmance with all applicable requirements of the Ada County Highway District .prior to District approval for occupancy. 8. Paym.ent of applicable road ilnpact fees are required prior to building construction in accordance with Ordinance #198, also known as Ada County Highway District Road Ilnpact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of- way. The applicant at no cost to ACHD s.halI repair existing 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 shall contact ACHD Traffic O.perations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 1 O. No change in the terms and conditions of this approval sllall .be valid unless they are in writing and signed by the applical1t or the applicant's autho.rized representative and an authorized representative of the Ada County Highway District. The burd.en shall be upon the applicant to obt~in written confirmation of any change from the Ada County Highway D is tri ct. 11. Any cllange by the applicant in the planned use of tIle property w.hich is th.e subject of this application, shall require the ap.plicant to cOlnply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the tilne the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject .property unless a waiver/variance of said requirements or otller legal relief is granted .pursuant to the law in effect at the time tIle change in use is sought. Alexandria Subdivision - PP-04-017 (Rev.) - Exhibit.O page 9 of9 .-"~.:~.... . (.. .. : ('..: ....... EXHIBIT E Conditional Use Permit Alexandria Subdivision (File CUP-04-0 15) [P&Z Commission changes shown in str'flrcout and ttnderlineformat.J SITE SPECIFIC CONDITIONS (Conditional Use Permit) 1. Applicant shalllneet all of the requirements ofth.e Prelilninary Plat (File PP-04-017) as a condition of the Conditional Use Permit/Planned Development (CUP-04-015). 2. Applicant s.hall construct the central open space/common lots per the landscape plan, including the walkway system and alnenities as outlined in Condition #5 below. 3. The alley-loaded rear setbacks for garages s.hall be a Ininimum of 18 feet. 4. A condition of the CUP/PD shall be that the applicant participates in any road infrastructure agreements in the N.orth Meridian PlalUling Area negotiated with ACHD and shall faithfully.perform the terms of such agree.ment or agreements. 5. The applicant sllall provide/construct the following amenities within the subdivision: a. Over 1 0% of the gross area as useable open s.pace, b. A tot lot; and c. Two gazebos (at least 16' diameter) 6. The following deviations from the Zoning and Subdivision Ordinance (MCC Title 11 and 12) are approved as part of this application: Setbacks- City Requirements (R-8) Rear: 15' Approved. Setbacks Rear: 15' 18'(for the ten alley-loaded lots) Street side: 12' Proposed Lot Sizes 5,300 sq. ft. Lot Size- Street side: 20' City Requirements (R -8) 6,500 sq.ft Lot Frontage-City Requirements 65 'minim.ulD Proposed Frontage 42' .min. 7. All development shall comply with the Americans with Disabilities Act and the Fair Housing Act, including all pathways in the common lots. Alexandria Subdivision - CUP-04-015 (Rev.) - Exhibit E page .l of2 (<""..... 8. No .building pennits shall be issued within the development UlltiI a Final Plat has been recorded for the subdivision. Alexandria Subdivision - CUP-04-015 (Rev.) - Exhibit E page 2 of2 (~.'~...:. EXHIBIT F.l. Annexation and Zoning Findings Alexandria Subdivision (File AZ-04-0 11) TIle City Council hereby approves the following analysis of required findings by staff: Accordin.g to Ordinance 11-15-11, General Standards Applicable to Zoning Amendments, both the P&Z Commission and Council are required "to review the particular facts and circumstances of each proposed zoning amendment in terms of the following standards and shall find adequate evidence answering the following questions about the proposed zoning amendment~ " 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 d.esignation of R-8 is harmonious with and in accordance with the adopted Comprehensive Plan and Generalized Land Use Map, which design.ates the land to be "Mixed Use Neighborhood~" T.he Special Considerations section of th.e staff report discusses the issues surrounding the Neighborhood Center. Pages 4-6 of the applicant's supplement narrative (dated 12/21/04 .by B&A Engineers) cite several policies from the 2002 Compre.hensive Plan tllat :pertain to and support the annexation. Staff agrees with the policies and statements. B. Has there been a change in the area or adjacent areas which may dictate that the area should be rezoned. For example, have the streets been widened, new railroad access been developed or planned or adjacent area being developed in a fashion similar to the proposed rezone area; The area has been designated as a Mixed-Use Neighborhood area in Meridian's Comprehensive Plan. The Comprehensive Plan designations in combination witl1 the subject property's location on an arterial roadway witll existing comlnercial and residential development helps to make tIle proposed development co.mpatible with surrounding land uses and the City of Meridian's .plan for the develo.p.ment of the area. Recently approved developments in the vicinity of the su.bject property include Heritage Commons, Havasu Creek, Razz.berry Crossing, and Brockton S.ub divisions~ c. Will the pro.posed 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 Alexandria Subdivision - AZ-04-01 I - Findings of Fact, Conclusions of Law & Decision and Order page 1 of3 (....:. will not change the essential character of the same area; Staff finds that the proposed uses are cOlnpatible with the existing and intended character of the area~ The Comprehensive plan designates the area as Mixed Use - Neighborhood; the :proposed residential uses (both standard and alley-loaded .product) are co.mpatible with the Comprehensive Plan design.ation, which encourages short blocks and radiating densities~ Staff finds that the proposed uses can .be designed and constructed in a manner tllat will be :harmonious with and appropriate in appearance with the existing and intended cl1aracter of the sU.lTounding area ~ D. Will the proposed uses not be hazardous or disturbing to existing or future neighboring uses; The Commission and Council s.hould rely on .public testimony to determine w.hether or not the proposed use will be disturbing or hazardous to the neighboring uses. Staff does not anticipate that tile .proposed uses will be hazard.Dus or disturbing to future or existing neighbors. E. Will the area be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structu.r:es, 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 subject property can .be served. adequately by lTIOst essential public facilities and services. The .Meridian Fire Department (Deputy Chief Silva) does not allow any on.-street parking where the driveable surface of a street is .below 29 feet (back-of-curb to back-of- curb)~ As amended, the driveable surface is 30,,5 feet (center-of-gutter to center-of-gutter - as m.easured by the MFD (see MFD condition #1). Sanitary sewer service will be via mainline extensions from Razzberry Crossing subdi vision. Please review ACHD, Police and tIle Fire Department's comments concerning this subdivision for further information regarding public services and facilities~ F. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; Staff finds that there will not .be ad.ditional require.ments at public cost and that the annexation and zoning will not be detrimental to the community's Alexandria Subdivision - AZ-04-011 - Findings of Fact, Conclusions of Law & Decision and Order page 2 Of 3 en:.:. .:... (....;:... ...... (....:....... .. economic welfare. G. Will the proposed uses not involve uses, activities, processes, materials, equipme.nt and conditions of operation that will be detr.imental to any persons, p.roperty or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; Staff finds that the proposed uses will create additional traffic, especially on Locust Grove Road. However, staff does not believe tllat th.e increase in traffic will be excessive. ACHD staff approved the revised plat (with conditions) on January 25, 2005~ Staff does not anticipate that tIle proposed develo.Plnent will generate traffic, noise, s.moke, odors or other nuisances that would be detrimental to the general welfare of the surrounding area. H. Will the area have vehicular approaches to the property which shaD be so designed as not to create an interference with traffic on surrounding public streets; Staff finds that tIle proposed vehicular approach to Locust Grove Road and the extension of the two stub streets from Razzberry Crossing Subdivision to the .north should not appreciably interfere with traffic on the surrounding streets. The pro.posed closure of E. Green Haven Street where it connects to Locust Grove Road should have a positive ilnpact on traffic flow on that arterial. Ada County Hig.hway :District's COlnments should be considered wIlen ma.king this finding. I. 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 scenic features of major ilnportance will be lost or damaged by a:pprovaI of this annexation request J. Is the proposed zoning amendment in the best interest of the City of Meridian. (O.rd. 592,11-17-1992)" Staff finds that the annexation of this property would be in the best interest of the City by providing a diversity of housing types and lot sizes in one of Meridian's designated Neighborhood Centers. Alexandria Subdivision - AZ-04-011 - Findings of Fact, Conclusions of Law & Decision and order page 3 of3 r....... EXHIBIT F.2. Preliminary Plat Findings Alexandria Subdivision (File PP-04-017) The City Council hereby approves the following analysis of required findings by staff: Sections 12-3-3 1.2 and 12-3-5 D read as follows: "In determining the acceptance oj a pro.posed s'ubdivision, the Commission/Council shall consider the objectives afthis title and at least the Jo 110 wing; a. The conformance of the subdivision with the Comprehensive Development Plan; As noted in the Amlexation and Zoning Findings, staff finds that the subdivision conforms with the intent of the Comprehensive Plan. b. The availability of public services to accommodate the proposed development; Staff finds that public services are, or will be available to accommodate the proposed subdivision. The developer will pay for the construction of all services to the proposed ~evelopment c. The continuity of the proposed development with the capital improvement program; Stafffinds that the subdivision will not require the expenditure of capital improvement funds~ The developer will extend all services to the subject property. d. The public fmancial capability of supporting services for the proposed development; Staff finds that the development will not require major expenditures for providing supporting services. The develo.per will extend. all services to the subject '. property. e. The other health, safety or environmental problems that may be brought to the Commission's attention. Stafffinds there are no foreseeable health, safety or enviromnental problems that may result from construction of Alexandria Subdivision~ Alexandria Subdivision - PP-04-017 - Findings Of Fact, conClUSions Of Law & DeCiSion and order .Page 1 Of 1 (v . . ( . \.~.. . . EXHIBIT F.3. Conditional Use Permit Findings Alexandria Subdivision (File CUP-04-0 15) TIle City Council hereby approves the following analysis of required findings by staff The Commission and COllncil shall review the partic~llar facts and circumstances of each proposed conditional use in terms of the following and may approve a conditional use permit if they shallflnd evidence presented at the hearing(s) is adequate to establish (11- 17-3): A. That the site is .large enough to accommodate the proposed use and aU yards, open spaces, parking landscaping and other features as may be required by this ordinance; Staff finds that the subject property's size of9.8 acres is large enough to accommodate the proposed residential development and all other required amenities and features. B. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; The current Comprehensive Plan Land U.se Map designates tile pro.perty as Mixed Use - Neighborl1ood. The proposed residential uses are harmonious with and in accordance with the Comprehensive Plan. The project lueets the requirements and objectives of tIle Planned Development Ordinance. 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; Stafffinds that the proposed uses will be compatible with otller uses in the general neighborhood and the existing and intended character of the general vicini~y~ 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 project will have an adverse impact on the surrounding property; however, the Commission and Council should consider any testimony given at tIle public hearings before making tllis 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 Alexandria Subdivision - CU.P-04-015 - Findings Of Fact, concluSions Of Law & DeCiSion and order Page.I of2 (.: ...: j~/. ... . ~. { .. ... ::..~:.. ... .. 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; Stafffinds that the proposed deveIoptnent call be adequately served by essential public facilities including: streets, police and fire protection, drainage structures, refuse disposal, water and sewer. F. That the proposed use will not create excessive additional requirements at public cost for pub.lie facilities and services and will not be detrimental to the economic welfare of the community; Staff finds that the proposed use would not be detrilne.ntal to the economic welfare of the community, nor would it create the need for any new faci.lities or services to be paid for by the public. 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; Stafffinds that no excessive traffic, noise, smoke, fulnes, glare or odors will result froln the proposed commercial and residential uses. H. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; Staff finds that the proposed use will not create significant interference with any traffic on the surrounding public streets. To prevent traffic hazards and interference on Green Haven, parking should only be permitted on one side of the street The Council and COIDlnission should refer to the ACHD report for additional information concerning this finding. I. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. Staff does not find that any natural or scenic feature will be lost, damaged or destroyed by issuance of this conditional use. Alexandria Subdivision - CUP-04-0 15 - Findings 0 f Fact, Cone I usions of Law & DeCiSion and order page 2 of2 (..'.:..' t~~.~...... . /.. 1:,:. . EXHIBIT G Alexandria Subdivision (PP-04-017, CDP-04-015) Approved Street Sections ! 14 ~; I ., bb:~ -2j.. ~~l:MClr-l'I'A.'( ------- ......---f ... '0" p UU'LC --:r-.- (XlSTI-"C I). DI5TzM;j l!l-. -----J.;.. Uf;UT1U I_.L_._. i4CC(S.S tAS[UE"NJ . ,- j.\~~ t.\SC"(tfl_. - ;.. i ~~ut.~T +-- .3o.~' eA.C jI{ rc (1,.;(;1( ".~ ~ :5:0 t:'ftA~'" o"~. ~.t--- --lJ.2)' 4" H-25' ~-.Jr- f--.!>" -t-"'l~l~~~ , -=.1,9~ Lt:M!I.ft:l.l ;.,. '_. "" .....t.. ....:.J'i. .." _,..,~" 2,~~,. ~. ~lU,~ . .. '.-: ~. ~ ... . .. I "ouc~'r~ S_O.ln.lUK I .' · .... .' ".'../ ....' ~ '--. ~ - .. ... I'l" ........ Sl;Q ~S(. ~ '12- Of ; J 'usr COU'iS( - .- Ct 2 In. OJ' ASP....UC ~5~~wc~;u, NC I..JltlS ~~~"rf5aflo~~: 1.5,.P."~";(~~~ :Jf f~.~_~T(~~glO.'" ~:l~ :._ :~}i.O C~1r.J J,~g-1()fJ, l c: t,""1 '(R WttH 5". l",'S! F(U l5.P w.e O~ NO $0-) C, EAsT GRE.EN HAVEr; STREET SECT(ON (30,5. BACK TO BACK) '~Dl 10 SCAl( 1---- · ~~ .'tu -.~ Jr)S :~j(Jl~~~kwt; tUAIJ- - -t tt-04.--t-.~. --f-2+}-_+._-- -1:J.~'.- --20~'-- "U:i'_._-tz.t-~'-r _,' '. LlJ "'ILl: lJlol 2. co::: tJlN :lr!U&.t- . (l:~j:J ...' ..;;:.'i~B'~~:~. ,.~<;&~:; ."",~.,". -..,'-..,',..,.;, ~.~{i~lr~~~:;le ,tr:::';EJl S1~~ C~~I-ICD ,"R[CA.~E ~,::'~ ft'AlOt<l l.S P .....e nc"l9l'I liD') l,. 1l0ll(O C(J1l!l MD tRU~j..IW "'~[CJ.ft =~~~I1.~S~ 80' wn[FI: \Wu~ G'" P",St Pl~ CASt C:OUR:lt: - 2. unt:f:1l: C"IJ~R ~~:7~g- JriC kQ. ... ~~~-. ~\4 n.uCf(~ S, NO~ E. U~(a S:e-ctf-'LlIl II tD reOI fAS()'!E.'I1 ~'T lO n-jE ~oP'mn UliE 5H.1!. L BE: Hl ~C Ott.i l~ ~( (NAL. , LA' roo pue LJC u~n~[$ A~ W(ttAI.K SJ..rJ:rJ\Q!R ~S01t'~l TYPICAL 50' ROAD SECTION t-lO t 1 C SCALE ~ 42" rtlc.HT - or -.......~ l\.. t -f . Jo)' ~ l~,,~ or cu~~:: : t- -.L....L~. -7.4- -l3 2.~- l.].::r~._-=--==t~.. :)'--t;f ~ .:: .. WH....Jlol 2.00X WN;UIJ",_ .1) OAT: ~z o APPROVED AS SUB o APPROVED WIDI A1TACHED FJNDINGSCORRECTED o NOT APPROVED W 01(.: A. to tooT [A5[~ Cl-tl ...~ [~t lO r...[ "ROP[JllY UU[ 1 ~ at: k(S(k"..fO ON TkC rltU.t. PI,A r 1- 0Sl ~tiUUC 1J1 ~6 ,IJiU $ot~1IC 5 !tOtJLOCR J:A.i.E WE'...., TVprCAL 42. ROAD SECTION j- ~lL P ~...,r.ro A~""D cun:c R ~~ lH ,. rlASC PC J. S~,. W C Ofm~ uo. SD-- 702 NOT 1 C 'SCA..r I I 5J&~ ~~ 7T1J:;,+ I ~.~~~.ItI~~~;~!:::~.:r~L_~ J ~.. 111' .,.... /.... .. ...... \C.;:. -PI'. !t,.I ,J....,. fI.. .~ u....~ ., ~~ ~:4r ~ (<'~.... \ . . BEFORE THE MERIDIAN CITY COUNCIL C/C March 8, 2005 IN THE MATTER OF THE ) APPLICATION OF KEVIN ) HOWELL FOR FINAL PLAT ) APPROVAL OF 51 SINGLE- ) FAMILY RESIDENTIAL BUILDING ) LOTS AND 6 COMMON LOTS ON ) 12.88 ACRES IN AN R-8 ZONE ) LOCATED NORTH OF ) MCMILLAN ROAD AND WEST OF ) LINDER ROAD IN A PORTION OF ) THESE ~ OFT. 4N., R.IW., ) SECTION 26 ) ) CASE NO. FP-05-012 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter comin.g before the City Council for Final Plat approval pursuant to Meridian City Cod.e S 12-3-7 on Marc.h 8, 2005, and the Council finding tllat tIle Administrative .Review is com.plete from Sonya Alle.n, Assistant City Plann.er for the Planning and Zonillg Departm.ent, and Bruce Freckleton, Development Services Manager for the Public Works Department, dated: Hearing Date: March 8, 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. Tile Final Plat of"PLA T SHOWING FULFER SUBDNISION NO. 4 LOCATED IN A PORTION OF THE SE ~ OF T. 4N _, R. 1 W., SECTION 26, BOISE MERIDIAN, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR FULFER SUBDIVISION NO. 4/ (FP-05-012) page 1 Of 4 { \. . (< \~... MERIDIAN, ADA COUNTY, IDAHO 2005, HANDWRITTEN DATE: 03/08/05, SHEET 1 OF 3, J-U-B ENGINEERS, INC.", BOISE, IDAHO, KEVIN HOWELL, BOISE, IDAHO, Developer, is Conditionally Approved subject to those conditions of Staff COffilnents as set forth in the Memorandum to tIle Mayor and City Council from Sonya Allen, Assistant City Planner for the Planning and Zoning Department and Bruce Freckleton, Developm.ent Services Manager for the Pu.blic Works Department, dated: Hearing Date: March 8, 2005, listing 23 SITE SPECIFIC REQUIREMENTS/FINAL PLAT and 7 GENERAL REQUIREMENTS, a true and correct copy of which is attached hereto marked Exhibit "A", and co.nsisting of 5 pages, and by this reference incorporated herein, and the additional requirements from the acti_on of the council taken at their March 8, 2005 meeting as follows, to- wit: 1. ] Adopt the action of the City Council taken at their March 8, 2005 meeting, and specifically pertaining to the staff report, under Conditions of Approval, striking number 13 and amending number 16, such now it reads as follows: Conditions of Approval 13 . The 97 ft "vide casement sho\vn on Lot 29 , Block 12 shall be reduced to a maximum -C"vidth of 20 ft. per .l.^..CHD condition #14, Findings of Fact and Conclusions ofLa\~/, pg~ +h 16. Applicant shall create a minimum 20-ft. wide ingress/egress easement across Lot 28, Block ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR FULFER SUBDMSION NO. 4/ (F.P-05-012) page 2 Of 4 (r^.~.:.. (-.-. '~..::.. .: . .. 12 for future access to N. SUlnluit Way for bet 29, Bloc.k 12 the residential lot to the south (See preliminalJ' .plat site specific cOD.dition #€F 2. The final plat upon which there is contained the Certification and signature of the City Clerk and the City E.ngineer verifying that the plat .meets the City's requirements shall be signed only at such time as: 1. The Plat dime.nsions are approved by the City Engineer; and 2~ The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on-site improvements~ NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, tIle Owner.may request a regulatory taking analysis~ Such request must be in writing, and .must be filed with the City Clerk not more than twenty-eight (28) days after the final decision. concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice tl1at this is a fi.nal 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 maybe adversely affected by this decision may, within twenty-eight (28) days ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR FULFER SUBDIVISION NO.4 / (FP-05-012) page 3 Of 4 ( .~... .., . . ,(~ after the date of this decision and ord.er, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. <ith By action of the City Council at its regular meeting :held on the Ll. day of m~c1r, , 2005. Attest: By: J City Clerk's Office Dated: 4-14 -os ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR FULF.ER SUBDIVISION NO.4 / (F.P-05-012) page 4 Of 4 (~.,~,.. <~. . MAYOR TUlllIUY de Wccrd f ..'~.<:+f.~\J1() : ~1~~;:q=J~::~~~ ~'t/tJ tt.~. flj · .~'...: ~~l.;. '~~1f Ian v IDI\HO }:I / PUBLIC WORKS BUILDING DEPARTMENT (208) 898~5500 · Fax (208)898-9551 PLANNING AND ZONING DEPARTMENT (208) 884-5533 · FAX 888-6854 CITY COUNCIL MEMBERS Keith Bird Christine Donnell Shau n Wardle CIIDrles M. Rountlree STAFF REPORT: Hearing Date: March 8, 2005 To: Mayor, City Council and PlalU1.ing & Zoning Co:mmission .From: Sonya Allen, Assistant City Planner (ill Bruce Freckleton, Development Services Manager Re: Fulfer Subdivision No.4 Final Plat approval of Fifty 1'\,"'0 one (52) Fifty-one (51) Single-Family Residential Building Lots and Six (6) Common Lots on ~ 12.88 Acres in an R-8 Zone, by Kevin Howell (File No~ FP-05-012)~ We have reviewed the a~ove 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, Kevin Howell, has applied for Final Plat approval of ~ 51 single-family residential building lots and 6 COffilTIOn lots on ~ 12.88 acres of land for Fulfer Subdivision No.4. This su.bdivision was preliminary :platted under the name of Kelly Creek Subdivision. The current zoning designation for tIle pro.posed subdivision is R-8 (Medium Density Residential). This subdivision will have a gross density of ~ 3.96 d.u./acre and a net density of ~ 5.38 d. u./ acre. Fulfer Subdivision No.4 is located approximately ~ mile east ofN.. Ten Mile Road on the north side ofW. McMillan Road in the SE ~ of Section 26, T.4N., R.l W. The common lots within the subdivision consist of landscape, open space, and drainage lots and will be owned and maintained by the Homeowners Association. The .pressurized irrigation system within this develop.ment will be owned and maintained by Settler's Irrigation District. A Condition.al Use Permit/Planned Development was approved for the .proposed subdivision which allowed for reductions to the minim.urn requirements for lot size and lot frontage. It also allowed for blocks within the subdivision to exceed the maximum block length of 1,000 feet F.P -05~O I 2 .Exhibit "A" FUlfer Sub4 FP.doc (... .. ( Mayor & City Co.uncil Hearing Date: March 8,2005 Page 2 The su:bmitted final plat substantially cOlnplies with the approved preliminary plat for this su.b di visi 0 11. Staff recolnmends approval of the final plat for Fulfer Subdivisio.n No.4 with the conunents and conditions stated in. this report. SITE SPECIFIC COMMENTS / FINAL PLAT 1. Applicant is to meet all terms of the ap.proved annexation (AZ-03 -0 13 ), conditional use pennit (CUP-03-028), prelilninary plat (PP-03-014) and Development Agreelnent (Inst No~ 103181095). 2. The applicant has indicated that the Settler's Irrigation District will own. and maintain the pressure irrigation syste.m within this developlnen.t~ The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a creek or well. source is not available, a single-point connection to tIle municipal water system shall be required. If a single-point connection is utilized, the developer shall be res,ponsible for the payment of assessments for the common areas prior to signature on tIle final plat by the Meridian City E.ngineer~ 3. Fencing .must be in compliance with MCC 12-4-10~ Temporary construction fencing to contain debris shall be installed along the boundaries of this phase unless fencing already exists at the subdivision .boundaries. 4. Sanitary sewer service and municipal water to this site shall be via extensions from existing mains. Ap:plicant will be responsible to construct the sewer and water mains to and through this proposed develop.ment, thereby :makillg them available to adjacent .properties. Subdivision design.er to coordinate main sizing and routing with tIle Public Works Department. Applicant shall execute City of Meridian standard fonns of easements, for any:mains th.at are required to provide service. 5. COlnplete the Certificate of Owners and accompanying Acknowledgment pnor to signature on the final plat. 6. Street signs are to be in place, water system sllall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Higllway District and tIle Final Plat for this subdivision shall be recorded, prior to applying for building permits. 7 · All development im.provements, i.ncluding sewer, fencing, tnicro-paths, pressurized inigation and landscaping shall be installed and approved prior to o.btaining certificates of occupancy. FP-OS-O 12 Exllibit "A~; .Fulfer Sub4 FP.doc (~. . ...: \. . ~L.. .~ Mayor & City Council Hearing Date: MarcIl 8,2005 Page 3 8. A letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, amenities, pressurized inigation, sanitary sewer, water, etc., prior to signature on the final plat 9. Please submit a copy of the Ada County Street Name COlnrnittee's "Final" letter for the street names and lot & block numbering. Make all corrections necessary to comply. 10. A:pplicant 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. 11. Com:plete book and page numbers of adjacent recorded plats. 12. Add the street name for the street branching off of W. Sage Springs Ct to the south shown on the preliminary .plat as N~ Summit Way. 13. The 97-ft. wide easement shown on Lot 29, Block 12 shall be reduced to a maximum width of 20-f1. per ACHD condition #14, Findings of Fact and Conclusions of Law, .pg. 11. 14. Graphically depict an 8-foot wide public utilities, drainage and irrigation easement along the north side of Lot 7, .Block 24. The extra width is required due to the location of an irrigation main. 15. Co.rrect the distance of the "Basis of Bearing" to match the distance shown :in tIle Iega] description of the Certificate of Owner's. 16. Applicant shall create a minilTIUlTI. 20-ft wide ingress/egress easement across Lot 28, Block 12 for future access to N. Summit Way for Lot 29, Block 12. (See prelilninary plat site specific condition #6). 17. Please submit all u.pdated groun.dwater/soils monitoring data to the Public Works Department for review. Any drainage areas (detention/retention basins) must be designed to ensure that water is retained only during IOO-year storm events, and for a period of time not to exceed 24 hours. Sid.e slopes within drainage areas shall not exceed 3: 1 ~ Any portion of a drainage area. not improved with sod/grass seed (or other a.pproved landscaping) shall not count towards the required open space area. Th.e project engineer s.hould 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 tl1at the street centerline elevations are set a minimum of 3-feet above the highest established normal groundwater elevation. This is to ensure that the bottom elevation of the crawl s.paces of homes is at least I-foot above. 18. Revise the landscape plan as follows: (1.) The minimum width of the parkway area between. the curb and sidewalk along W. McMillan Road is five feet, revise .plan accordingly. FP -05-0 ] 2 EXhibit "A" FUlfer Sub4 FP.doc (""" " "" Mayor & City Council Hearing Date: MarcIl 8, 2005 Page 4 (2.) Include landscaping for Lot 8, Block 9 and Lot 7, Block 6 on the .pIan. Include contours for all storm drainage swales. (3..) Revise th.e plant size of tIle Kelsey Dogwood shown in the plant schedule to a luin. 2 gallon pot per MCC 12-13-7-3. (4.) If cobble is used in the storm drainage area it must be d.esigned as a dry creek bed or otller design feature.. (5.) Include fencing details for th.e south-west perimeter of the su.bdivision that abuts the future office lots. 19. Revise or add the following notes on the face of the plat dated 1/24/05: (1.) Add the following text to the end of note #1: "... . Idaho 'I unless othetwise modified by CUP-03-028." . (1.3.) ".. ...Said easement shall terminate when access is pro'vided to the existing home is tom down or converted to another use (any use other than single-family residential). Access will then be provided fro.m the adjoining .parcel to th.e \\-'est or from N. Summit Way." (14.) Address ownership and maintenance of the private driveway on Lot 5, Block 12.. 12. .Developer shall coordinate mailbox locations witll the Meridian Post Office. 13. Applicant shall be responsible for ap.plication and compliance with any Section 404 Permitting that may .be required by the Army Corps of Engineers. 20. Applicant shall be responsible for ap.plication and cOlnpliance with al1d NPDES Permitting that may be required by the Environmental Protection Agen.cy. 21. Staff s failure to cite s.pecifi c ordinance provisions or tenus of the approved develoPlnent agreelnent, preliminary plat or conditional use pennit does not relieve the Applicant 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 appro.val or .non-approval sublnitted to the Public Works Department If lateral users association approval can't be o.btained, 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 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. "FP-OS-OI2 EXhibit '~A~~ FUlfer Sub4 FP.doc of:. ~ . (. {~~ \ Mayor & City Council Hearing Date: March 8,2005 Page 5 3" One hundred watt, l1igh-pressure sodium streetlights will be req.uired at locations designated by tIle Public Works Department. All streetlights shall be installed at subdivider's expense.. Typical locations are at street intersections and/or fire hydrants 4 Final desigtl locations and quantity are determined after power designs are completed by Idah.o Power Company. The street ligllt contractor shall obtain design and pennit from the Public Wo.iks Department prior co.mmencing instaIlatiol1s. 4.. COlnpaction test results must be submitted to the Meridian :Buildin.g Depaltlne.nt for all building pads receiving engineered backfill, where footing would sit atop fill In at eri al. 5~ Applicant's engineer will be required to submit a signed, stamped statement certifying that all street finis!1 centerline elevations are set a minimU1TI of three feet above the highest established normal groundwater elevatioll4 6.. Coordinate fire hydrant placement witIl the City of Meridian's Water Works Superintendent 7.. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inc.hes of trees that were relTIoved. Required landscaping trees will not be considered as replacelnent trees for those trees that have to .be removed. STAFF RECOMMENDATION Staff recomlnends approval of the fi-nal plat for Fulfer Su.bdivisio.n No.. 4 with the above stated comlnents and conditions. FP -05-0 12 EXhibit "A" .Fulfer Sub4 FP.doc (.. .. (-'.~"~..:. . . . . BEFORE THE MERIDIAN CITY COUNCIL C/C March 8, 2005 IN THE MATTER OF THE ) APPLICATION OF DYVER ) DEVELOPMENT, LLC FOR FINAL ) PLAT APPROVAL OF 77 SINGLE- ) FAMlLY RESIDENTIAL BUILDING ) LOTS AND 4 COMMON LOTS IN ) AN R-8 ZONE LOCATED ON ) SOUTH LOCUST GROV.E ROAD ) AND SOUTH OF VICTORY ROAD ) IN A PORTION OF THE S Y2 OF ) THE S ~ OF THE NE ~ OFT. 3N., ) R. IE., SECTION 30 ) ) CASE NO. FP-05-013 ORDER OF CONDITIONAL APPROVAL OF .FINAL PLAT T.his matter _coming before the City Council for Final Plat approval .pursuant to Meridian City Code S 12-3-7 on MarcIl 8, 2005, and the Council finding that the Administrative Review is complete from Sonya Allen, Assistant City PlalUler for the Planning and Zoning DepartInent, and Bruce Freckleto.n, Development Services Manager for the Public Works Department, dated: Hearing Date: March 8, 2005, to the Mayor and Co.unciI, and the Council having consid.ered the requireme.nts of the prelimi.nary plat the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. Th.e Final Plat of"PLA T SHOWING eRA TSWORTH SUBDNISION LOCATED IN A PORTION OF THE S 12 OF THE S !h OF THE NE )4 OF T~ 3N., R. IE., SECTION 30, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2005, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR CHATSWORTH SUBDIVISION / (FP-05-013) page 1 Of 4 (.... (~:..n. .:..: HANDWRITTEN DATE: 01/07/05, SHEET 1 OF 5, BAILEY ENGINEERING, INC.", EAGLE, IDAHO, DYVER DEVELOPEMNT, LLC, MERIDIAN, IDAHO, Developer, is Conditionally Approved subject to those conditio.ns of Staff COlnments as set forth in the MelTIOrandum to the Mayor and City Council from Sonya Allen, Assistant City Planner for the Planning and Zoning Department and Bruce Freckleton, Development Services Manager for the Public Warks Department, dated: Hearing Date: March 8, 2005, listing 23 SIT.E SPECIFIC REQUIREMENTS/FINAL PLAT and 9GENERAL REQUIREMENTS, a true and correct copy of which is attached hereto Inarked Exhibit "A", and consisting of 4 pages, and by this reference incorporated .herein, and the additional requirelnel1ts from the action of the Council taken at their March 8, 2005 meeting as follows, to-wit: 1.1 Adopt the action of the City Council taken at their March 8, 2005 meeting, and specifically pertaining to the Staff Report, under Conditions of Approval, num.ber 9, such that it now read as follows: Conditions of Approval 9. A gate at the stub street, E. Pisa Street shall be installed the full ".'vidtl1 of across the street at approximately 12-14' width. 2. The final plat upon which there is contained the Certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed. only at such time as: 1. The Plat dimensions are approved. by tIle City Engineer; and ORDER OF CONDITIONAL APPROVAL OF FINAL P.LA T FOR CHATSWORTH SUBDIVISION / (FP-OS-013) page 2 of4 (.: .." 2. TIle City Engineer l1as verified that all off-site improvetuents are completed and/or the a:ppropriate letter of credit or cash l1as .been issued guaranteeing the completion of off-site and required on-site ilnprovements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Appli cant is hereby notified that pursuant to Idaho Code 67 -8003, the Owner may request a regulatory ta"king analysis. SU.Cll 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 tilne period within which" a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code ~ 67 -6521 ~ An affected .person being a perSOll who has an interest in real pro:perty which may.be adversely affected by this decision. .may, within twe.nty-eight (28) days after the date of this decision and order, seek ajudicial review as provided by Chapter 52, Title 67, Idaho Code. <:J "fh By action of the Ci ty Council at i t8 regular meeting held on the 0 day of ma-(Ch , 2005~ By: Attest: ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR CHATSWORTH SUBDNISION / (FP-OS-013) page 3 Of 4 ( By: City Clerk's Office Dated: 4-l \ -OS ORDER OF CONDITIO"NAL APPROVAL OF FINAL PLAT FOR CHATSWORTH S"UBDIVISION I (FP-OS-013) page 4 Of 4 (.. .f ('. ...' ; MAYOR TalnJny de Weerd .. I an A~.;I{ ID/\HO .^1~~ ........~ ~j ~I \1 ~ lY / PUBLIC WORKS BUILDING DEPARTMENT (208) 898w5500 · Fax (208)898-9551 PLANNING AND ZONING DEPARTMENT (208) 884-5533 · FAX 888-6854 CITY COUNCIL MEMBERS KeitIl Bird Cllristine DOllnell S llaun Wal~d Ie Cllarles M. Rountree STAFF REPORT: Hearing Date: March 8, 2005 To: Mayor and City Council /.(l/f Sonya Allen, Assistant City Planner 0 Bruce Freckleton, Development Services Manager~ From: Re: Chatsworth Subdivision Request for Final Plat approval of Seventy-seven (77) Single-family Residentia] Building .Lots and Four (4) Com.mon Lots on 19.4 Acres in an R-8 Zone .by Dyver Development, .LLC (File No. FP-05-013). 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 ~pplicant, Dyver Development, LLC, has applied for Final Plat approval of 77 single-family residential .building lots and 4 COlTIlnOn lots on 19.4 acres of land for Chatsworth Subdivision.. The zoning designation for the .proposed subdivision is R-8 (Medium Density Residential). The :proposed gross density of the subdivision is 3.97 dwelling units .per acre~ The .proposed net density is 5.22 dwelling units per acre. Chatsworth Subdivisio.u is located ap.proximately ~ mile south of E. Victory Road on the west side of S. Locust Grove Road, in the NE ~ of Section 30, T .3N., R. 1 E. The sublnitted final plat substantially complies with the approved Preliminary Plat The stUb street to the west was required to be relocated centrally between E. Mona Lisa Dr. & E. Pisa St per ACHD; staff.has .no objection to this change. Staff recommends approval of Chatsworth Subdivision with the comments and. conditions stated in this report. SITE SPECIFIC COMMENTS / FINAL PLA T 1. Applicant is to meet all terms of the approved Annexation (AZ-04-0 18) and Preliminary Plat (PP-04-025) for this su.bdivision. FP-OS-O 13 EX}libit ~~ A~' Chatsworth SUb FP .doc (<..-.c...... .. (:~n:---: ... . Mayor & City Council Hearil1g Date: March 8, 2005 Page 2 2~ Fencing must be in compliance with MCC 12-4-10 and 12-13-15-9. 3. Revise or add the following notes on the face of the plat: ~ Delete note, no longer required on plat. (11.) ". . js prohibited unless specificalI)r allo~yYed b)~ the .l\.da County High'tl''t:'/ay District and City of Meridian." (13.) Complete instrulnent number. 4. The landscape plan shall be revised as follows: a. Include details for the proposed fencing, including construction materials. b. Label the species of the proposed shrubs shown on the plan. c. Subdivision. name has changed to Chatsworth Su.bdivisio.n. 5. The applicant has indicated. that Nampa Meridian Irrigation District will own and maintain the pressure irrigation system within this developlnent The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a creek or well source is not available, a single-point connection to the culinary water system shall be required~ If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the irrigable common areas prior to signature on the final plat by t]le Meridian City E.ngineer. 6. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13~ Plans will need to be ~pproved by the appropriate irrigation/drainage district, or lateral users association. (ditch owners), with written approval or .non-approval sublnitted to the Public Works Department If lateral users association approval can't be obtained, plal1s will be reviewed and approved by the Meridian City Engineer prior to final plat signature. 7. Please subtnit a copy of the Ada County Street Name Committee's "Final" letter for the street names and. lot & block nUlubering. Make all correctio.ns necessary to com.ply. 8. Prior to signature o.n the fin.aI plat by the City Engineer, vacate the 30-ft wide east-west easement that .bisects the .property. 9. A gate at the stub street, E. Pisa Street shall be installed the full width of the street 1 o. Revise the plat to include the name of the stub street to the west. 11. Add the missing .boundary d.iInensions on Lot 15, Block 1. 12. Prior to issuance of the 51 st building permit, a Fire Department approved secondary emergency access point to the site shall be provided.. FP -05-0 13 EXhibit "A'~ Chatswo11h SUb FP tdoc \, ... . (:'.. .. . Mayor & City Council Hearing Date: March 8, 2005 Page 3 13. Parking on E. Mona Lisa Drive, wh.ere the street section is proposed at 33-feet (back of curb to back of curb) sIlall be limited to one side. Paint the curb red and install "No Parking" signs on one side of the bulb-out (Lot 1, Block 8) on E. Mona Lisa Drive. 14. _Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots COl1structed., road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, .prior to applying for building permits. 15. All developtnent improvements, including sewer, fencing, micro-paths, pressurized inigation and landsc~ping shall be installed and ~p.proved prior to obtaining certificates of occupancy. 16. A letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, alTI.enities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 17. Sanitary sewer and water service to tllis site shall be via existing mains. The applicant will be responsible to construct the sewer and water mains to and through this proposed development, thereby making them available to adjacent properties~ Subdivision designer to coordinate .main sizing and routing with th.e Public Works Department. Applicant shall execute City of Meridian standard fonns of easements, as well as License Agreements with the appropriate jurisdiction for any Inains that are required. to provide service. 18. 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.plat per Resolution 02-374. 19. Please submit all updated groundwater/soils monitorin.g data to the Public Works Department for review. Any drainage areas (detention/retention basins) must be designed to ensure that water is retained only during 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 other approved landscaping) shall not count towards the required open. space area. The project engineer should pay close attention to the results of field studies determining the groundwater, soil type & and characteristics d.uring the design and construction phases~ The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the .highest established normal groundwater elevation. This is to ensure that the bottom elevation of the crawl s.paces ofh.omes is at least I-foot above. 20. Grapllically depict an 8-foot wide public utilities, drainage and irrigation. easement along the west side of Lot 7, Block 3, Lot 6, Block 1, Lot 3, Block 7, Lot 14, Block 1, Lot 4, Block 7, and the east side of Lot 13, Block l~ The extra width is required due to the location of an irrigation main. 21. Dimension the widths of the public right-of-ways. oFP-OS-O 13 EXhibit "A~; Chatsworth SUb FP Jrdoc {'.. .. ... \...~...~ . Mayor & City Council Hearing Date: MarcIl 8, 2005 Page 4 22. Please indicate the centerline/radius point on the final plat for the "knuckle" just east of s. Locust Grove Road. 23. Staffs failure to cite specific ordinance provisions, or terms of the approved Annexation or Preliminary Plat does not relieve the Applicant of res.ponsibility for co:mpliance. GENERAL REQUIREMENTS 1. Any tree over 4" ill caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inclles of trees th.at were removed. Required. landscaping trees will not be considered as replacement trees for those trees tllat have to be removed. 2. Any existing dOlnestic wells and/or septic systems within this project will :have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used. for non-domestic purposes such as landscape irrigation. 3. Two-hul1dred-fifty and IOO-watt, high-pressure sodium streetlights will be required at locations designated by tIle Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are cO.1npleted by Idal10 Power Company. The street ligllt contractor shall obtain design and permit from the Public Works Department prior commencing installations. 4. Co.mpaction test results lnust be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footin.g would sit atop fill material. 5. Applicant's engineer will be required to submit a signed, stalnped statement certifying that all street finish centerline elevations are set a minimuln of three feet above the highest establis.hed normal groundwater elevation. 6. Applicant shall .be responsible for ap.plication and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 7. Applicant shall be responsible for ap.plication and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 8. Coordinate fire hydrant placement with tIle City of Meridian Public Works Departlnent 9. Developer shall coordinate mailbox locations with the Meridian Post Office. STAFF RECOMMENDATION Staffrecornmends approval of the final plat with the above stated comments and conditions. FP-OS-013 EXhibit "A" Chatsworth SUb FP. dOC I "j "t ~~r M ^ Yl)J~ 'l~lJnrny de \'Vc~rd Crrv COUNCJL MEMBERS \JVi] I ia n1 L_ M _ Nil ry Kl:~i t]1 Bi rli ell il r I es M ~ I{(lll [1 t t-ee Slla II J1 'A'<1 rli [tli C[TY DEIJAI~TMENTS Fire 54() E. F ra [1 kl i 11 [{oad 888-1234/ fax 895-0390 r'a rks & I\ecrea tj (In II. E- Bt)\tver Street 888-3579/ fax 898~5501 Planning & Zoning 660 E. Wat'erto\.ver Lflne Sll i te 202 884-5533/ filX 888..6854 P()l ice 14(11 E~ Waterlo\ver La 11C 888-6678/ fax 846-7366 rul~] ic Works 660 E. Watertower Lal1e Sll i te 200 898-5500 / fax 898..9551 - Building 660 E. Watertolrver Lane 5 lJ i te 150 887-221'1 /fax 887.1297 ~ Sewer (WWTP) 3401 N~ Ten Mile [{oad 888-2191 / fax 884-0744 .. Water 2235 N r W4 8th Street 888-5242/ fax 884~ 1159 .,:i <: March 10, 2005 Ada County Commissioners 200 West Front Street Boise, ID 83702 RE: Consent to vacate Golf Course Easement; V AC 05-003 Dear Commissioners: On March 8, 2005, the Meridian City Council granted their consent to vacate a golf easement located on Lots 44, 45,46 & 47 Block 1 of Spurwing Subdivision by Spurwing Limited Partnership located North of Chin den Boulevard and west of North Linder Road. [f you have any questions, please call me at 888-4433. ~/7. William L. M. Nary Meridian City Attorney WLMN:ma cc: Brad Watson - Meridian City Public Works Brad Hawkins-Clark - Merid ian City Planning Spurwing Ltd. Partnership Ada County Development Services - Richard Fisher Ada County Development Services - Molly Smith err'!"' 1-lt\LL 33 E i\s.r 10 i\ 1-10 t\\! EN U E ivl E [{ I [) I i\ N ~ I [) i\ 1-1 () R3 G42 (208) RH R-443] CITY CLEHK- E.\X HR~ <421 R Ul;.\]A~ HESOUUCES -FAX RR4.&R 71] FI;\;i\j\-CI: & rTILlTY BIlJ.J:\G -E\X RR 7 -4R J] )1.\Yort's OFFICE- E\X RR4-R i HJ .f .. j. r. . (. ......: . . ** TX CONF I Ri. ,... _ t I ON REPORT ** AS OF MAR 08 J05 23:43 PAGE,. 01 CITY OF MERIDIAN DATE TIME TO/FROM MODE MIN/SEC PGS CMDh" STATUS 01 0~/08 23:29 P-AND-Z EC--S 01" 08" 0'04 0134 OK 02 03/08 23:31 208 895 0390 EC-....S 01' 07" 004 004 OK 03 03/08 23:32 208 387 6393 EC--S 01 ' 08 ii' 004 1304 OK 04 03/08 23:34 ADA CTY DEUELMT EC--S 011 09" 1304 1304 OK 05 03/08 23:36 8885052 EC--S 01108tJ 004 004 OK 06 03/08 23:38 IDAHO ATHLETIC C EC--S 01 t 09" 004 004 OK 07 03/08 23:39 ID PRESS TRIBUNE EC--S 01 J 08tJ 004 004 OK 138 03/08 23:41 2088886701 EC--S 01 t 07J' 004 004 OK CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, March 8, 2005, at 7:00 p.m. City Council Chambers 1 ~ Roll-call Attendance: ~ Shaun Wardle ~ Christine Donnell -A- Charlie Rountree ~ Keith Bird -.2s:.- Mayor Tammy de Weerd 2. Pledge of Allegiance: 6l1'l UtT....t-. Ser(/I'<<.. t(#111-5S 3. Commu-nity Invocation by Kevin Moyer, Meridian First Baptist Church: r-N.~tX... 4. Adoption of the Agenda: ~(;vC A..s &~ 5. Consent Agenda: ~~ A. Approve Minutes of February 8, 2005 City Council Regular Meeting: 6fP~~ B. Approve Minutes of February 1SJ 2005 City Council Regular Meeting: /P"ff ro Vl(...J C. Findings of Fact and Conclusions of Law for Approval: PP 04... 044 Request for Pre liminal)' Plat approval of 6 office lots on 4K65 acres in an R-8 zone for Verona Subdivision No.. 3 by Primeland Development LLP - NEe of North Ten Mile Road and West Milano Ori ve: cyp 1'0 V\.C../ D. Storey Park Phase II Construction Chanae Order No.4 for Removal and R&Dlacament of Soft Areas: o/jJ ro~ Ea Aareement for Ustick WideninQ Proiect - Dasian of Water and Sewer bv Quadrant: a.lplN- F9 Streetliqht Agreement for Sutherland Farm No.3 bv Great Sky ~ wffn9~ Meridian City Council Agenda .-J March 6~ 2005 Page 1 of 3 All malerials presented at PUbliC meetingS Shan bacome property of the City Of Meridian ~ AnYOn e deSiring accOmmOdatiOn for disabilities related to documents and/or hearing Please contact the City Cterk.s Office at 888-4433 at least 48 hours prior to the PUbliC meeting. ~ ** TX CONFl. ,...41T ION REPORT ** ( ." AS OF MAR 08 '05 23:29 PAGE. 01 CITY OF MERIDIAN DATE TIME TO/FROM 24 03/08 23:13 3810160 25 03/08 23:16 PUBLIC WORKS 26 03/08 23:17 8841159 27 03/08 23:19 20888~0744 28 03/08 23:21 POLICE DEPT 29 03/08 23:23 8985501 30 03/08 23:24 LIBRARY 31 03/08 23:26 92083776449 32 03/08 23:28 3886924 MODE MIN/SEC PGS CMD~ STATUS EC--S 01' 5SJ' 004 004 OK EC--S 01 j 08'J 004 004 OK EC--S 01' 09JJ 004 004 OK EC--S 01' 12'" 004 004 OK EC--S 01 ' 08" 004 004 OK EC--S 01 J 08" 004 004 OK EC--S 01' 29J' 004 004 OK EC--S 01' 08" 004 004 OK EC--S 01' 08" 004 004 OK CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday~ March 8f 2005, at 7:00 p.m~ City Council Chambers 1. Ro II-call Attend ance : -IL- Shaun Wardle ~ Christine Donnell -----A- Charlie Rountree ~ Keith B;rd ~ Mayor Tammy de Weerd 2~ Pledge of Allegiance: 6i1l JCtTlv-t'" 5erl/l<<. t(nJi-5~ 3. Community Invocation by Kevin Moyert Meridian first Baptist C h u rch: r f'4. r...--I<..rA:... 4. Adoption of the Agenda: ~~ M II/~ 5& Consent Agenda: ~ ~ A. Approve Minutes of February 8) 2005 City Council Regular Meeting: Pfflf)go~ B. Approve Minutes of February 15t 2005 City Council Regular Meeting: tv"rov..u C. findings of Fact and Conclusions of Law for Approval: PP 04- 044 Request for Preliminary Plat approval of 6 office lots on 4~65 acres in an R-8 zone for Verona Subdivision No.3 by Primeland Development, LLP - NEe of North Ten Mile Road and West Milano Drive: 'Y"P ro~ Da Storey Park Phase II Construction Chanqe Order No. 4 for Removal and Replacement of Soft Areas: ~jJ ro~ E~ Aareement for Ustick WideninCl Proiect - D9sian of Water and Sewer bv Quadrant: a.~ rIAL- F. Streetliqht AQreement for Sutherland Farm No.. 3 bv Great Sky In~.: wl'fn9~ Meridian City Councit Agenda _. March 6~ 2005 Page 1 of 3 All materialS presented at PUblic meetings Shall become property of the City of Meridian ~ AnYOne deSiring accOmmOdatiOn for disabHities related to documents andlor hearing Please contact the City Clerkts Office at 888-4433 at least 48 hours prior to the PUbliC meeting. It Ll.~ e. {r ( \ -l' f\ 1 ~ f n ~ ~(~....... .(} tl V\l ~ \ U lD l G J V UTI lA.../ <<:., . .. ../ ~ CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, March 8, 2005, at 7:00 p.m~ City Council Chambers 1.. Roll-call Attendance: Shaun Wardle Christine Donnell Charlie Rountree Keith Bird Mayor Tammy de Weerd 2~ Pledge of Allegiance: 3. Community Invocation by Kevin Moyer, Meridian First Baptist Church: 4a Adoption of the Agenda: 5.. Consent Agenda: A. Approve ~ Minutes of February 8, 2005 City Council Regular Meeting: BJI Approve Minutes of February 15, 2005 City Council Regular Meeting: c. Findings of Fact and Conclusions of Law for Approval: PP 04.. 044 Request for Preliminary Plat approval of 6 office lots on 4.65 acres in an R-8 zone for Verona Subdivision No.3 by Primel9nd Development, LLP - NEe of North Ten Mile Road and West Mifano Drive: D. Storey Park Phase II Construction Chanae Order NOli 4 for Removal and Replacement of Soft Areas: EIO Aareement for Ustick Widenina Proiect - Desio" of Water and Sewer bv Quadrant: F ~ Streetliaht Agreement for Sutherland Farm No. 3 bv Great Sky Inc. : Merjdian City Council Agenda - March St 2005 Page 1 of 3 All materials presented at public meetjngs shall become property of the City of Meridian. AnYOne deSiring accommodation for djsabilities related to documents and/or hearing Please contact the City ClerkJs Office at 888-4433 at least 48 hours prior to the PUbliC meeting, ( ** TX CONF I ~f u-1 r I ON REPORT ** (: .;:~ " AS OF MAR 131 J0~...16:36 PAGE. 01 CITY OF MERIDIAN DATE TIME TO/FROM 25 03/01 16:28 3810160 26 03/01 16~30 PUELIC WORKS 27 03/01 16=31 8841159 28 03/01 16:32 2088840744 29 03/01 16=33 POLICE DEPT 30 03/01 16=34 8985501 31 03/01 16:35 92083776449 32 03/01 16:36 3886924 MODE MIN/SEC PGS CMD~ STATUS EC--S 00' 43" 001 185 OK EC--S Bet 291' 001 185 OK EC--S 00' 29t, 001 185 OK EC--S 00130" 001 185 OK EC--S 00.30J' 001 185 OK EC--S 00) 291' 001 185 OK EC--S 00' 29" 001 185 OK EC--S 00' 29" 001 185 OK -------------------------------------------------------------------------------------------- -"~4 : ,.t " ; ~, i~~ ~~~~.;: ~~~: + .~~ t;i ~ ,. oS' 1 ~,).:. ~f !';'.;:o..l.:.:..,! L erldlCr".' ~~:!~: Iletlu Ie/if /iF lujtc)fo-/;(;e1-1~h ~I II )~"\HC i MAYon J~1Jl rn y de ttVecrd NOTICE OF REGULAR MEETING Cny Co UNtJL M F.M B FRS WHlian\ L. tv!. Nn ry Kei Lh Bi l~t1 Ch:)rl~s M~ Rounll.~C Shaun Wa(c] J(~ CITY OF MERIDIAN HISTORIC PRESERVATION COMMISSION C! 1 Y LJ !:!'A RTM F~NTS Fire 54U E;. rlr;~nklin Road ~HH..l2J41 fax 895-U3Yll NOTICE IS HEREBY GIVEN that the City of Meridian Historic fJtltk$ & Recre~ lion 11 E ~ Hower Stre~ t 888-3579 I f~1 k 89S-550l Preservation Commission (HPC) wiU hold its reguJar monthly meeting at Merjdian City Hall, 33 East Idaho Avenue, Meridian, Idaho on Thursday, March 3rd, 2005 at 5:30 PM.. The HPC wiU meet to discuss Planning & Zonjn~ 66U c. W~J tE:1:tQ~"er L~'nc S\li te 2()2 HR4..5533/ iax S~BM6H~.;4 the foUowing items: Pulice 140"1 E. W D l~rIO"I~r Lalle SSS..667BI fa~ t'46-7366 - Approve February 3~ 2005 Meeting Minutes - Short-Term Goal Priorities (Updating Historic Survey and Creating Historic Database Options) -" County Treasures Program - Update on Western Heritage Historic Byway Plan - Other Business rl it L, 11 C W or}~f: 6fi(} ft.. W a te rlo\\tc I. I.a IllJf Su i l~ 2(10 898. 55(10 / f ilX 898-9551 The pUblic is welcome to attend. .. n\.lildin~ 660 E. W ~ Lcr t() w ~r J.Cll1e :;\1 i t~ 150 H87 -2211 / fax 887..1 ZlJ7 DATED this 1 st day of March~ 2005. .. S~w~r (W W LrJ)) ~1.101 N . Tel' M"i Jc ~ [.{(lnd BSR-l' ~'J I f.)x ~~4-U744 'IF '~f"J t ~ r 223~ N ~ W4 8 tJ, Str~~t SSS"W52~121 (eI ~ RR4.. J I 59 The HPC regular meetings are scheduled for the first Thursday of each month at 5:30 pm4 Meridian Historic Preservation Commission - March 3. 2005 All materialS presented at PUbliC meetingS Shan become property Of the City Of Meddian. Anyone deSiring accommodatton for disabHitles related to documents and J or heanngs_ C J TV 11/\ LL :13 E .Jl~eJ fJAtrf0thA~f1>>RJAr.}<~s ~fIi;R f1J1~l'1~~\ ftut ~~~ prir2t, N}e ~~~tgLP1fj!Tg, CITY C;L1~flJ~"'I~~\ ~r1~.lq 1M IJUfl\i\' RI-.sOI HCES -F\\' 8$4.B7~3 PINANl:l! ~~ unlln' ?IL1.tNG -r:\!\ Rfl7 '~8J 3 .\~,Wo!,\js OPJ"I(J'~- nx R~~' B ~ J ~l ( ** TX CONFI.t>.I.rtTION REPORT ** AS OF MAR 01 ' €IS.. .6: 50 PAGE~el CITY OF MERIDIAN DATE TIME TO/FROM MODE MIN/SEC PGS CMD1=I STATUS 131 03/01 16:37 P-AND-Z EC--S 130. 30 ,t 001 185 OK 02 03/01 16=38 208 895 0390 EC--S 00 t 30j' 001 185 OK 03 03/01 16:39 128300040 G3--S 00" 33 ,. 001 185 OK 04 03/01 16:40 208 387 6393 EC--S 00' 29,t 001 185 OK 0S 03/01 16:41 ADA CTY DEUELMT EC--S 00.3?J' 001 185 OK 06 03/01 16=42 8885052 EC--S 00' 29'" 001 185 OK 07 03/01 16=43 IDAHO ATHLETIC C EC--S 00.291' 001 185 OK 08 03/01 16:44 ID PRESS TRIBUNE EC--S 00 t 30" 001 185 OK 09 03/01 16=46 2088886701 EC--S 013' 30" 001 185 OK 10 03/01 16:49 LIBRARY EC--S 00t 37" 001 185 OK -------------------------------------------------------------------------------------------- :I.~~;~~~ 1~~: :'.. ~; co Y 0" 1..)r.~'1. ~ 111 ej~ldldn:;~~E u )/\i"'!( ) IlttluloJf fo-r !uUtC)lof;Cef -1A~h '",J ~...1jI MAVOR Jb "1m y de \-\1ecn:1 NOTICE OF REGULAR MEETING CITY Co UNLJ L. M F.M AFftS Wimanl L. !vl. Nt1ry I(eiih B i lid Ch~ rJ~s M~ Rou nll~"\C Shau l, Wa ((i I(~ CITY OF MERIDIAN HISTORIC PRESERVATION COMMISSION c! 1 Y Di:r"A RT~1rtNTS F j lie 54U E: ~ r'rl)n k 1 i11 R oa~1 HHR~ , .2J4/ fax 895"U39(, NOTICE IS HEREBY GIVEN that the City of Meridian Historic C.'ark$ & Recred Ljon 11 E~ Bn wer Str~et 8$8-3579/ f~1)( 69$-5501 Preservation Commission (HPC) will hold its regular monthly meeting at Meridian City Hat!, 33 East Idaho Avenue. Meridiant Idaho on ThursdaYI March 3rd, 2005 at 5:30 PM.. The HPC will meet to discuss Planning & ZonJng 66U E~ W 4rJ t-~tto~.er It.1nc Sllite 2t)2 RR4-55J3/ ia~ B~H-nR;4 the foUowing items: Police 1401 E. W D tcrtowt-r Lane 888-6678/ f~): R46~ 7366 -- Approve February 3~ 2005 Meeting Minutes - Short-Term Goal Priorities (Updatjng Historic Survey and Creating Historic Database Options) -- County Treasures Program - Update on Western Heritage Historic Byway pran - Other Business [lLTl,lic Works 66{1 fi,. Watertowcl. I..all~ Sll i Lc 2{)O 89S~ 55(10 I filX 898-9551 The public is welcome to attend. ~ Guildin." 660 E. W;tLc!"tnwl:r LCll'le $tl; t~ 150 HH7-2211 / f<<x 887-1297 DATED this 1st day of March) 2005. ,,~~~~.k'\;'~1~11~' . ~! Of ht~~~.~...(;. +:,. . ::: ,;Vh,. ~ J'fr . '.-~V~ l ! f~.Q J/. r d'~/-;- ~ ~,., -SEAL WiUiam G. Bergt Jr. ~ ~. ~ J::. City Clerk- City of MeA~.f.l~~"'~~;'~$!~~ 4~ IP/pCt.E_ ~,"Q.1' -~ ~~. ...;::\~..~.{~ :s ~M~~'.. ~ l'it/t;;:t ~.~~~~ ../ - S~w~r (W W~lt[ J) .1--101 N. T~], Milt: I<(la d 888-21 ,) 11 tJX B84...U744 ... W,)t~T 2.23~ N. W. R th Strt!~r SS8-52~21 [tlx HR4- J , 59 The HPC reguJar meetjngs are scheduled for the first Thursday of each month at 5:30 pm. Meridia n Historic PresetvaUon Commission - Match 3. 2005 AU materiars presented at PUblic meetings shaU become property Of the City Of Meridian. Anyone deSiring accommodatJon for dis8biUtJes related to documents and I or hearingsl CITY ] J AL L :~ 3 E Ill~~ef fYRtrf0thA~~I1~k.s 'NrrLCR ftA~~~\ \fi~t tpjw#~ prir2\9 H)eR~~;E4'2fj:T9' ell'Y CLlml~-I',~,.\ rH\R'f~?IA HUI,\l'\ fU".:1{)lll{:ES _1:\\. 884.a 72:1 FINM~Cll t U'fJLITY RILUNG-r~\X R~ 7 '~8 [3 ~Ml'O~jS O~I.IO'_- mx I4fH 8110 (~ \ (' \.:... : WHITE PETERSON WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE&RosSMAN, P.A. KEVIN E. DINiUS J U LI E KLEIN FISCH ER W!\I. F4 GIGRA.YJ III T. GUY Ht\LLA!\1* Wl LL]A~1 A4 MORRO\V WILLIAM F. NICHOLS* CHRlSTOPH ER S. NYE PH ILl? Ar PETERSON ~rODD Ar ROSS~1AN DAVID M. S\VARTLEY PAMELAJ4 TARWW TERRENCE R. WHITE-* NICHOLt\S L. WOLLEN ATTORNEYS AT LAw NAMP A OFFICE 5700 E.. FRANKL1N RD., SUlTE 200 NAMP A~ IDAHO 83653-8402 TEL~ (20&) 466..9272 FAX (20&) 466-4405 * Also adlnitted il) OR ~* Also adlnitted ill WA March 2, 2004 Willianl G~ Berg, Jr., City Clerl< MERIDIAN CITY HALL 33 East Idaho Meridiatl, Id.aho 83642 Re: J.NI.TIAL POINT, L.L.C./ ANNEXATION AN.D ZONING FI.NDINGS I AZ ORDINA.NCE & CERTIFICATION OF CLERK I SUMMARY O.RDINANC.E AN.D S.U.M.M.A.RY OR.DINANCE COV.ER LETTER / AZ-03~028 Dear Will: Please find ellclosed the origillal of tIle FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING prepared as per instructions froIn the Council meeting of February 24, 2004, alld whicll are on an upcoming COUI1Cil agel1da. Also, please find enclosed tIle above AZ Ordinance and the Certificatiol1 of tIle Clerk for tIle armexation and zoning for the City ofMerid.ian~ After the Findings of Fact and Conclusions l1ave been adopted., tllen please place this ordil1ance on the City Council agenda. This ordinance should not be passed until the Findines of Fact and Conclusions of Law and Decision and Order Grantinl! Application for Rezone are adooted. Additionally, I have el1closed a Sllmmary Ordinance and the cover letter, Wllicll SUlTIlnary Ordinance will need to be presellted to tile Council at tIle same time the full anllexatioJl al1d zoning ordinance is presented to Council for approval. If you. have any questions arise, please advise. Wm~ F ~ Nicnols Z:\Work\M\!v1eridian\Meridian 15360M'Cobbleficld Crossing Sub No.2 AZ-03-028 PP-03-033 CUP-03-059\FFCLand QRD and SUM ORD ClerkLtr 03 02 04.doc (:-.. CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Tuesday, March 8, 2005 at 6:00 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. Adoption of the Agenda: Approve 3. Presentation on Regional Plan by Kelli Fairless: Presented (*40 min.) 4. Discussion of Vacant Farmers and Merchants State Bank Building - 703 North Main Street: Discussed (*20 min.) *Approximate allowable time set for agenda item may change depending on discussion. Please use the designated minutes as a guideline only. Meridian City Pre-CouncU Agenda - March 8t 2005 Page 1 of 1 All materials presented at public meetings shaH become property of the City of Meridian~ Anyone desiring accommodation for disabilities related to documents and/or hearings, pJease contact the City Clerk's Office at 888-4433 at reast 48 hours prior to the pubric meeting. ( April 11 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT April 5, 2005 ITEM NO. 5-A REQUEST Approve minutes of March 8t 2005 Pre- 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: OTH ER: ~ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian.. ( (.. . Meridian City Pre-Council Meetina March 8.2005 The Meridian City Pre-Council meeting was called to order at 6:00 P~M~ on Tuesday, March 8, 2005 by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Keith Bird, Shaun Wardle and Charlie Rountree. Staff Present: Bill Nary, John Overton, Kenny Bowers and Will Berg. Item 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 that we approve the agenda as published. Donnell: Second. Wardle: It's been moved and seconded~ All in favor? ALL AYES. MOTION CARRIED. Item 3. Presentation on Regional Plan by Kelli Fairless: Fairless: While the presentation is getting set up, one of the things that I am trying to do double duty here and I am showing you our regional plan and the plan is - this is the plan that we are taking out and doing extensive public outreach on this year~ We are trying to, this calendar year, reach every community, as many citizen groups. as many different types of stakeholders as we can to let people know what this plan tells them about what these services will do for these individual groups and then we are also - I usually meet with all the Councils during the summer time to talk about kind of an update and to give you our dues request. This year because some of our meetings are going to be done earlier before we typically do thatt so I thought that I would let you know that we are going to be developing a Memorandum of Agreement with each of our member jurisdictions pertaining to our dues requests this year. So, we will have the dues requests plus a draft of this agreement that will be having out probably c.... ( Meridian City Pre..Council Meeting March 8, 2005 Page 2 of 12 in late April, early May~ The reason we are doing the agreement is we do our annual audit every year and our auditor suggested that for every source of revenue we haver we should have some kind of documentation or agreement. So, it will be a fairly standard cooperative agreement or Memorandum of Agreement between each of our member jurisdictions and it will basically state how much the dues will be, the dues that are requested and what services we will be providing as a result of those dues~ So, it will also be tied to service operations, funding requests and things like that. It looks like the presentation is just about up. De Weerd: Mr. President. Wardle: Madame Mayor. De Weerd: Will the dues be going up? Fairless: The dues are based on population. We use the 2005 COMPASS population. The way we do our dues is we build our budget then look at the dues requests from - you know look at how much dues we need and so far it has stayed at .60 cents per capita~ We have been able to stay within that ~60 cents per capita~ That was what was set three years ago. I think. 501 we don't build our budget around our dues, we build our dues around our needed budget, if that makes sense and it has typically gone up because the populations have gone up and we have kept the rate though at K6D cents and that will go to the board in May once we build our budget, we will go to the board in May with a dues schedule and then the board votes on that and that is what we will bring~ So, I can't say today whether they will go up or down, but we will do it based on budget. De Weerd: OkaYl we will just keep pressure on our board members. (Inaudible discussion) Fairless: Council President, Madame Mayor, members of the Council thank you for the opportunity to come and talk to you today about our regional plan~ Valley Regional Transit has been working on this plan now for the past couple of years. The board adopted it in January 2005 officially; the board adopted the entire plan. We are using the public outreach for this plan and our planning process has been very public centered. We have done a variety of- (inaudible discussion) Fairless: Let me start this over again. The public outreach is the first element of this presentation and we looked at a variety of different opportunities to engage the public in our planning process and this has been pretty much since 2001 when we started~ We have done a variety of stakeholder interviews. I think we ( Meridian City Pre...Council Meeting March 8, 2005 Page 3 of 12 probably, combining all of these outreach efforts, probably reached 10,000 or more people in the Treasure Valley. The public opinion surveys we have done, two public opinion surveys - one in 2001 and another one in 2002. We have done a variety of open houses for each of our different planning processes~ We have also done hosted meetings and focus groups as well and public hearings. We have held public hearings and are required to do that for most of our service changes. So, what we have learned is that the public support for public transportation is strong, that existing services are lacking and that people would use the services if they were convenient and they offered people a viable alternative to the automobile. People would like to see us market the services - Councilwoman Donnell was involved in one of our public hearings and this theme comes out all the time in our outreach to the public is that they want to see the services being marketed so that we could encourage people to use them so we are maximizing that resource and also to improve regional coordination and improve the coordination among the different service providers and to plan for rail today in the present for a future rail system~ So, we have taken all this public involvement and applied it to our regional planning efforts and over the last several years, I have come back to this Council at least once each year to talk to you about the different things that we are doing. On the 2001 technical memorandum is the document - what's happening is the graphics are hiding - they are there they are just hidden. We did the technical memorandum, which really provided a concept for public transportation services for the Treasure Valley. Out of that technical memorandum the next phase was our five-year strategic plan. This is where we adopted five strategic priorities so that we could position our organization in a way to be able to complete the plan that - to be able to reach the vision that we had~ We did a rail corridor evaluation. There were members on our technical committee from the City of Meridian that sat on that. It was really a technical evaluation of the rail corridor, looking specifically at what is this infrastructure? What is the quality of the assets? What would it take to upgrade the rail to accommodate a passenger rail? How much - what is kind of a thumbnail sketch of how much it might cost to operate it and also to purchase the capital? We also looked at as a parallel process, how do you value the - do an evaluation of the rail corridor for a potential purchase of that by a public sector organization? Then what we are specifically talking about today is our regional operations plan, which is the phase of taking the concepts that we developed and now applying them more specifically. So, when we look at the community desire and our expertise in planning services and the expertise that we have been able to gain through the help of many consultants over the last few years, we are working towards achieving our vision, which is to provide transportation choices so that people have opportunities to be able to use them for personal business needs and also to support our livable and healthy community. The first phase of this is the service restructure and we are looking at some short-term changes - the service restructure is really looking at existing resources. It is taking what we already are spending and realigning those routes. The first phase of that we implemented on March 1st, last Monday with the restructure of the Na.mpa services and the inter-county services and those that i~. t. . Meridian City Pre...Council Meeting March 8, 2005 Page 4 of 12 started March 1st we have been seeing good rider ship~ We have had a few glitches here and there, but for the most part the transition has gone really well. We are looking at routes in the Nampa/Caldwell area and the Boise urbanized area that are simple, more direct, more two-way services verses long winding loops around neighborhoods and also simpler and easier for people to use. The other part of our short term implementation is looking at opportunities for expanding the vanpoolJ carpool and rideshare programs as well so that we can expand those in areas where we don't have a lot of transit and that is most of the Treasure Valley at this point looking at ways of growing into bus services through development of vanpool and rideshare programs~ This is the long...term portion of the regional operations plan. This is a six-year vision. Ada and Canyon Counties, the lines on the map in this - the way we looked at the six-years, we did a bookend approach, so we have the low growth scenario, which includes fixed route bus service and every community in Ada and Canyon Counties or a type of bus service and also the shaded box show what are called flexible routes, which are routes that are better served lower density, suburban type developments and then the lines on the map, the different colors represent the amount of frequency, so the red lines are 15 minute frequencies, the blue lines are 30 minute frequencies and the green lines are a mix of 30 minute peak and 60 minute frequency all the way up to 60 minute all day frequency. You will see through the bookend approach that the basic network for the transit system stays the same between the low growth and the high growth, what we start seeing is additional frequency rather than added coverage~ Specifically in Meridian you start seeing these green lines here represent 60 minute all day service throughout on Ustick and these would connect to other regional services east of Meridian, you have- services that come again from the east to the west at Fairview and serve downtown in the City Hall area, this blue line is a 30 minute all day frequency on Franklin Road and you notice that in this scenario there is no service on Eagle and I will talk a little bit about that. We do have service on Five Mile where you can connect at Five Mile and come into Meridian as well. All of these services feed in and out of regional hubs, the hub that serves the Meridian services, Meridian would serve as a hub and you would see facilities located near the interstate, this transit center here near the interstate and then the Town Square Mall is another anchor for these services as well as a transfer center in Nampa, so you would connect Meridian to these transfer centers in this low growth scenario~ In the high growth scenario} again, you basically see the same structure, but you start seeing more red linesr more 15 minute frequencies - you get and I will show in the next slide these red lines, this is a 15 minute frequency in the Franklin area - in the low growth we had a 30 minute frequency all day on the interstate serving the inter-county needs and the commuter needs. In this scenario we have 30...minute frequencies all day on the routes such as the one that serves Ustick and Fairview and downtown and this yellow line is the rail corridor developed into a commuter rail service.. So, you have the rail corridor that takes the need for those inter-county services on the interstate away and you shift that over to the rail corridor and then you see a 15-minute frequency on the Franklin. Again, this is to make that more desirable for people who are r. . (.... .. Meridian City Pre-Council Meeting March 8~ 2005 Page 5 of 12 commuting, if you have higher frequencies. And then you start seeing these connecting network, the five-mile routes and the routes that connect to Meridian also with the 15-minute frequencies, the higher frequencies~ This shaded box down here is what we call a flex routeJ which ties folks in these less developed, lower density suburban areas, the flex routes would deviate from a regular fixed route to be within a quarter of a mile of each of the homes within that region and over an hour period of time, they would try and hit all the stops that they have had requests for, so itls kind of a combination of a demand response and a flexible deviated route system. Those tie into the urban systems through the transit center, you see that dashed line there and there is another one that ties into the Town Square Mall on the other sideJ so you are again finding opportunities to connect people in the lower density suburban neighborhoods with transit that fits those kinds of developments. As a summaryt again, the low growth scenario, extensive coverage with hourly routes throughout Meridian) you have half hourly service along Franklin and also half hourly service on the interstate through - the connecting Nampa through Meridian, stopping in Meridian and going into Boise~ Flex routes in southwest and then the transfer center would be near 1-84 and also in addition to that we are looking at our administrative facilities for Valley Regional Transit continuing to be present in downtown Meridian as well or somewhere in Meridian, even along the corridor~ In the high growth scenario we look at extensive coverage with half hourly service throughout the area; 15 minute service along Franklin and also then the inter-county services move from the interstate to the commuter rail line; a transfer center in this scenario we located closer to downtown, so it ties into the rail corridor or you could also have commuter rail stops both in downtown Meridian and at Eagle Road and we would again continue to plan for our administrative facilities in Meridian~ So, we get to the costs. Under the low growth scenario, the operating costs are six~year range, this is at starting out at about 10~9 million dollars per year, growing out into 17.6 million dollars per year, with an average capital cost over that six year planning horizon of 1 ~33 million dollars and then in the high growth, the reason there is such a difference between the first part of that range is that you are spending those first five years building that rail service, so you are operating those higher frequency bus services and transitioning into the rail service. The 42.6 million dollars a year for operating includes the commuter rail line and then the average capital costs of 6 million dollars a year. So, we are looking at what's next in our - we are going to continue our public outreach efforts, we are doing these presentations to pretty much anyone and everyone who will let us in their door to talk to~ We are working closely with legislatorsr business leaders and other key stakeholders to define a funding option that would be acceptable for public transportation, not just in the Treasure Valley, but that's an issue statewide that we are working with a variety of different stakeholders on and we are also working on implementing service improvements, those service improvements with existing resources will be implemented sometime in 2005. We are working with west Canyon County communities to try and develop some of the rural services out there and I'll be knocking on the door. of Meridian City Council to talk about opportunities for us to t.: Meridian City Pre-Council Meeting March 8, 2005 Page 6 of 12 expand services in Meridian in the near future as well. We are focusing our energy over the next year or two on really marketing the services that are out there. We have a CMAQ Grant in fiscal year 2006, it's a $250,000 grant that we are going to partner with ACHD Commuter Ride and really market the services with the system changes and we have a good baseline now for how we are doing today and I think we will be able to show the effectiveness of good marketing and effective marketing in the system. That's the end of the formal presentation_ I would be happy to answer any questions you might have. ( Rountree: Mr. President Wardle: Mr. Rountree. Rountree: Kelli, can you bring back the slide on costs? Fairless: I think I can. Look at that? Rountree: Wonderful 1 you have mastered the technology. That's actually in millions, not thousands? Fairless: I thought I had changed that Thank you, I meant to have that in millionst thank you. Rountree: I have a question on the costs. What all is entailed in terms of, I guess to be blunt, where is that money coming from? Where do you anticipate it coming from? What's (inaudible) going to make up as part of that and some of the details of that because I am sure you are going to get those questions next week? Fairless: YeahJ I appreciate you asking that We do have as part of the detailed plan all the answers to those questions. What we looked at is about $15 million in the low growth scenario and that's averaging over the years, the six years~ Over the average of that $15 million in the low growth would need to be some additional revenue source that would be some local option. Then there would be assuming about a 25 percent on the average fair box return and advertising revenues and all those things that we typically get now, but we factored in some growth for those based on having more equipment and increasing rider-ship and then we also anticipate or at least our ways and means committee suggested that we continue to have some factor in there for collection of dues from our member organizations. but as we increased other revenue sources, those would go down right now at .60 cents per capita, it might be something like ~25 cents per capita or something else, so that there is again local buy in to the system because there is local investment in the system, but not so much that it keeps people from being able to participate. In the high growth the local option authority is about $40 million of that over the average. It's about $40 to $50 million, but you comb~ne the operating and the capital together~ Meridian City Pre..Council Meeting March 8,2005 Page 7 of 12 Rountree: So, the capital numbers you have up there is at annual average? Is the operating four or six years or is that an annual average over a six-year period? Fairless: It would be a range starting at 1 O~9 and it goes up each year as you add more service, so you are basically ramping up~ It's kind of the low range of that low growth is the first year once you have started and then you ramp it up each year until you get to the six year, so that the actual average over the six years is about $15 million per year and for the high growth the average is about $40 million a year or so; $38 million a year for the operating~ Rountree: Okay, it now makes sense to me~ Wardle: Kelli, just a comment I have as far as the high growth scenario and the stops in Meridian at Meridian Road and Eagle Roadt I am sure were placed in there because those are high traffic areas. One of the things that seems to me is if that were to be viable and if it ever were to take place that certainly some sort of a connection to the major commuter traffic on the freeway would be in order and so to add a stop at say where each of the overpasses is, we have got large amounts of commercial growth in Meridian specifically south of the freeway and to be able to tie a runner service from the rail stop over to the south end of the freeway would make, in my mind, sense to the community. Fairless: The one thing that is really hard to depict on the map are those kind of special shuttles that occur when you have a rail system and you would have, you know a park and ride where someone would get off at the rail and you might have some kind of express service to a major employer from that rail station and those are the kinds of things that are envisioned in this, but there aren't actual lines drawn on the map to show that So, there would be some shuttle kind of support services as well. Wardle: Just as a follow up, one of the areas that - we are seeing at the Eagle and Overland area in Meridian a large (inaudible) but also at Locust Grove near the high school there as becoming a large entertainment area~ So, just kind of a difference of services and people that would be there. Mr. Rountree? Rountree: Anybody else? Thank you Shaun~ Kelli, you indicated you'd talk about Eagle Road and you didn't I just wanted to point out that the next phase of Eagle Road improvements will accommodate or at least are intended to accommodate rubber tire transits~ Fairless: One of the issues and I will get to the map, maybe - this does show in the high growth we do start seeing service on Eagle Road and it is for 30 minute peak and 60 minute all day~ The reason that we don't see it until we get to this high growth is that and actually it could happen sooner with those improvements but at time we were designing this we didn't really know what the improvements (~.... Meridian City Pre-Council Meeting March 8, 2005 Page 8 of 12 were going to be~ If you don't start seeing improvements on Eagle Road in the traffic, you're basically. in order to keep a 3D-minute frequency you have to have so much equipment out there that it becomes cost prohibitive. De Weerd: Mr. President. Wardle: Madame Mayor~ De Weerd: I guess a couple of things in working with our staff so that as we plan our land use and our commercial or industrial corridors that we look at transit stops and shared parking lots and those kinds of things, I know the Ustick and Meridian is right there by our regional park and might be an opportunity for a park and ride or for some place to park and catch the bus. We don't use that necessarily during the week as a high traffic area or parking area~ Also, have you talked to A-Car or SeA or Association of Realtors and the Building Contractors Associations? Fairless: Mr~ President, Madame Mayor they are on our list of people to contact as far as stakeholders. We have met with them in the past when we've - going through various layers of this planning process and yeah, they will be on our list of people to contact De Weerd: It would be a good partnership to make sure at Ustick that we don't have a whole lot of high density right nowJ but there are some infill opportunities that could be looked at at higher densities with transit stop opportunities. I guess I was a little bit concerned in looking at what's going on at our national level that the requests that we have for the re-authorization funds that the Boise Downtown Mobility study seems to be taking a higher priority than the railroad corridor and with kind of - it might be the chicken and the egg, but if we don't get the railroad corridor going our roads are going to be so congested no one is going to be able to get downtown. I find that very concerning. Fairless: That I would have to say. Madame Mayor, is the political process. You know basically the - some of that is a mystery to me, but I understand that there are lobbyist that are working on both of those projects and none of them are hired by Valley Regional Transit, so we're - certainly, we put both of those projects, they are a part of COMPASS's priorities. I am probably as surprised as you are that the rail corridor is not getting as much attention and I think it could be that the request is just so large in order to do it~ The request is so large that it just may not fit into the big picture in terms of the funding picture. The amount that's actually being allotted in the bill for the downtown mobility study isn't going to get very far in terms of constructing a street cart but it looks at some phasing of that, so it's still far short of how much it would take to actually put the street car system in. (..- . . c.:... .. Meridian City Pre-Councii Meeting March 8, 2005 Page 9 of 12 De Weerd: I guess I did want to find out to change David Zaremba as one of our members to an alternate and put Steve as a member rather than the alternate. Do you just need a letter? Fairless: According to the statute that enables us to exist, all of our members have to be done by resolution. So, we would just need a resolution from the City Council stating - and we have a template for that. I think Will probably has that in his files, the template for it. Wardle: Is there anything else for Kelli? Bird: I have none. Donnell: Mr. President. Wardle: Ms. Donnell. Donnell: Kelli you do a wonderful job~ I watch her not only at this kind of presentationJ but of course at our management meeting, team meeting and then the board meeting. But, I have to ask the question do you really like this job? Fairless: I am glad you are asking me this week and not last week or the week before~ There are weeks that I like it better than othersf but I actually r everyday is very exciting. I believe in what we are doing. I think this is the right thing to be doing for the Treasure Valley and I am encouraged by all of you as well, you know, I find a way to get myself out of bed every morning and come and do this job and I am having fun~ Thanks for asking. Donnell: You are so welcome. Wait until we get into some maybe negotiations, right? Fairless: Yeah, it's when we are doing labor negotiations that I am not always so excited, Donnell: You do a great job, thank you~ Wardle: Madame Mayor just a follow up question and maybe for the City Attorney. Is that a motion that we could make to have a resolution drawn up and placed on the consent agenda for the change in this meeting? Nary: Yes, you are simply given direction; you can put it on the agenda for next week, thafs certainly fine if that's the Councilts desire because you are not taking action you are just giving direction. Wardle: That would be my desire. Is there any opposition to that? ( . Meridian City Pre..CouncU Meeting March 8, 2005 Page 10 of 12 (No opposition). Item 4. Discussion of Vacant Farmers and Merchants State Bank Building -703 North Main Street: De weerd: Mr. President and Council members. I talked with Mike Mooney and Clarence Jones and they were considering the fate of the Farmers and Merchants building, as we all know it will be leveled at some point~ I never know the words to use on that, but taken down~ It will be scraped~ They had a question that with City Hall a little bit off in the future and the cramped quarters at the current City Hall building they asked if we might have a need for the building~ They are also talking with the Meridian Development Corporation too in the early months of the re-development efforts giving them a storefront and a physical building at the cost of utilities and so I guess my question to you and right now we are - we are very cramped here at City Hall. I have been trying to figure out where to put my two summer interns. I think we are going to ship them over to Planning & Zoning because they have a lot of space over there, but it really leaves a challenge to oversee their efforts as well. Would the Council be amenable to keeping that building until the new City Hall is constructed with the commitment to the bank to pay utilities and partnershipt perhaps with the MDC as well? Rountree: Madame Mayor, if I might add to that. I don't know if anybody has been in that building since they moved, but I am not sure if Farmers & Merchants is willing to put the money in the building in order for it to be occupied. All the porcelain has been temoved~ Most of the light fixtures have been removed. All the cabinets have been removed. It's basically a shell and it would cost a fair amount of money to get it back to where it would be occupi-able and I suspect that if that were the case it would probably have to be ADA compliant, etcetera I etcetera and I am not sure that we want to spend the money that it would take to get us in there and I can almost bet that Clarence isn't willing to spend the money, but I would suggest that before we do anything maybe the Mayor ought to go talk to Terry and have him waltz you through there because it's been pretty well picked over. De Weerd: Mr. President. Wardle: Madame Mayor. De Weerd: I appreciate those comments. They didnJt share that aspect of it with me. It's like be careful what you ask for because you might get it. Rountree: It might suffice if could pull enough stuff together to put in an office for MDC upfront. Will you could fill that space up in a minute. I think it would be very expensive to get office space for the city, but I would suggest that you do that before you get Y9ur hopes up. (..... : Meridian City Pre...Council Meeting March 8, 2005 Page 11 of 12 De Weerd: Okay, Council I will take a tour through the facility and see if it's feasible and come back to you next week4 I guess long or short term they were looking at removing the overhead and the drive-through and creating the parking as (inaudible)# Longer term they are looking at that lot and seeing if best use would be the total plans they had or using half of it for an open space gazebo, you know amenity with having the other half of the lot go towards encouraging the bank next door to possibly or when they are ready to re-develop, you can get a bigger footprint of a building and have a nicer amenity with that option in mind. SOt if we do proceed with utilization of that building, they would need tOt I believe Mr. City AttorneYJ would need to get that as a - would they have to modify their CUP if they are extending the timeframe? Nary: Madame Mayor, members of the Council, yes. I think I want to at least verify what the time limit was, but yeah, they would have to seek some request to modify that if there was a fixed date of time in which to get that accomplished. De Weerd: And if we were to do that, I would ask that that be generated by the city to request. So, I will report back to you next week. Mr. President. Wardle: Madame Mayor4 De Weerd: I just want to follow up with Councilman Rountree and Councilman Wardle on our strategic planning exercise. We did meet with Councilman Bird and Councilmember Donnell with our strategic planning. We would ask that you listen to the tapes~ Each department gave a department overview and kind of a yearend and upcoming challenges4 Will has those tapes and when the legislature has concluded their session, we would ask to have a tour hour workshop prior to a Council member meeting over at the Police Department where we can go through the strategic focus areas and start placing objectives and benchmarks to them because we strongly believe that the leadership needs to direct that aspect of it4 Oh, sorry one last thing. I do have a letter here that is indicating the City of Meridian support of GARVEE Bonds. I believe - well, we have been tracking this; it is in front of committee right now- Rountree: The bill will be heard at Senate State Affairs Friday at eight o.clock. De Weerd: So, we need to get these letters in support to the Governor's Office, to ITD4 I will forward a copy to Association of Idaho Cities as well as each of our individual district representatives. We have my signature as well as the three Council members4 If you will please take a look at this and see if it's amenable to maybe taking action on at the regular agenda to sign. Donnell: Mr. President. Wardle: Ms. Donnell. c.:...... . Meridian City Pre-CouncifMeeting March Sf 2005 Page 12 of 12 Donnell: Just a point of privilege, if I might and that's to congratulate our Mayor on her award today as a woman of today and tomorrow from the Girl Scouts. I see that she is wearing a beautiful boo tinier that was probably presented to her today at the luncheon and I am sorry I couldn't attend, but I imagine that you were well honored * \. . ... . Wardle: Congratulations. An honor well deserved~ With that if there isn't anything else it brings us to the end of our agenda~ I would entertain a motion to adjourn. Rountree: So moved. Bird: Second. Wardle: All in favor. ALL AYES. MOTION CARRIED. MEETING ADJOURNED AT 6:42 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: 1-, ~/tfJb DATE APPROVED I 4f CITY CLERK C... /:0 ( CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Tuesday, March 8, 2005 at 6:00 p.m. City Council Chambers 1. Roll-call Attendance: ~ Shaun Wardle ~ Christine Donnell ~ Charlie Rountree -L Keith Bird -L Mayor Tammy de Weerd 2. Adoption of the Agenda: Itl/~Y-P V\A-. 3. Presentation on Regional Plan by Kelli Fairless: ,lJr~ .,/(/--)'-kd....,. (*40 min.) 4. Discussion of Vacant Farmers and Merchants State Bank Building - 703 North Main Street: r/ J.J r .o,J 0 (*20 min~) {/L/ ~f ~'-" *Approximate allowable time set for agenda item may change depending on discussion. Please use the designated minutes as a guideline only. Meridian City Pre-Council Agenda - March 8J 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 ClerkJs Office at 888-4433 at least 48 hours prior to the pubric meeting. .). ,. ;~~~~~}~;!~ CITV 01:: t,jf~tjf~,~~iE-:(L~ , . l~.: ~J.. t; erldl{;rn.~~..le, ~.\ JD.-\HO I ~ ( MAYOR TanlnlY de Weerd CITY COUNCIL MEMBERS Willian1 L. M. Nary Kei tll B i l~d Chal~ les 1\1. oRoII11 tree S11alln Waordle NOTICE OF PRE~COUNCll MEETING MERIDIAN CITY COUNCIL C[TY DEPARTMENTS F i J-e 540 E. FraI1klill 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, Parl<s & Rec[~eEltioI1 11 E. BOvvel~ Stl~ee t 888-3579 / fax 898-5501 Meridian City Hall, 33 East Idaho Avenue, Meridian, Idaho, on Tuesday, March 8, 2005 at 6:00 P.M. The Meridian City Council will be Planning & Zoning 660 E. W a terto\ve r Lane Suite 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 oE. Wate]~towel~ La11e 888-6678/ fax 846-7366 '" Presentation on Regional Plan by Kelli Fairless Pllblic Works 660 E. Waterto'\7er Lalle Sllite 200 898-5500 / fax 898-9551 -- Discussion of Vacant Farmers and Merchants State Bank Building - 703 North Main Street The public is welcome to attend the meeting. - Building 660 E. W atel~tO\rvel~ La11e Suite 150 887-2211/ fax 887-1297 - Sewer (WWTP) 3401 N. Ten Mile Road 888-2191 / fax 884-0744 DATED this 4th day of March, 2005. ~ Water 2235 N 4 W. 8tll Street 888-5242 / fax 884-1159 CITY I-I/\LL 33 EAS~r IDAHO A\/ENUE wlEI~IDIANt ID/\l-IO 83642 (208) 888-4433 (:l~r,' CL.t:RK..Eo'X 888..4218 J-llr~l~'\N ]"{l:S()UllCI:S ~I~r\X 884.8 723 I~JNi\NC(: & ljrrJl~lrr" 13[(-tl-iJNe) IMIIIr/\X 88 7 ~4813 i\li\'o.Or{~S ()f:I::lcr:..l1\X 884~811 9 ( MERIDIAN CITY COUNCil MEETING APPLICANT REQUEST Presentation on Regional Plan by Kefli Fairless March 8, 2005 ITEM NO. 3 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. /: (. (.. MERIDIAN CITY COUNCil MEETING APPLICANT March 8, 2005 ITEM NO. 4 REQUEST Discussion of Vacant Farmers and Merchants State Bank Building- 704 North Main Street AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY A TIORNEY 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; Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian.. Cl~ (......l )1., 'u oil ~ ~ , .vtt~ \ fl erldl{;rJ1.~~~lC~;~ ,.<.~\;! 'If ... 10 ~\HO t' ~ J.? //.."/' ../9... MAYOR TanlnlY de Weerd CITY COUNCIL MENIBERS Willi alTI L. .M. Nary Keitll Bit.d Charles M. Rountree S11a lln vVa I'd le NOTICE OF PRE-COUNCIL MEETING MERIDIAN CITY COUNCIL CITY DEPARTMENTS F i ].e 540 E. Franklil1 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, P a l~l(s & Recre a ti 011 11 E. BO\rvel. St.l.eet 888-3579 / fax 898-5501 Meridian City Hall, 33 East Idaho Avenue, Meridian, Idaho, on Tuesday, March 8, 2005 at 6:00 P.M. The Meridian City Council will be Planning & Zoning 660 E. Wate14tower Lane 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 E. W a tel~to,^'el. Lalle 888-6678 / fax 846-7366 -, Presentation on Regional Plan by Kelli Fairless PLlblic Wor]<.s 660 E4 vV atertOV\lel~ Lal1e Stli te 200 898-5500 / fax 898-9551 - Discussion of Vacant Farmers and Merchants State Bank Building - 703 North Main Street The public is welcome to attend the meeting. - Building 660 E4 Wa terto\ver La lle 511 i te 150 887-2211 / fax 887-1297 - Sewer (WWTP) 3401 N4 Te11 Mile Road 888-2191/ fax 884-0744 DATED this 4th day of March, 2005. - Water 2235 N. \"V. 8 tl1 Stl~eet 888-5242/ fax 884-1159 \: ~ .....':"; ~:) CIT'{ I-lALL 33 EAST 101\ H 0 1\\.1 EN U E IvI ER I 0 l.AN ~ 11) t\ I-I 0 83642 (208) 8 8 8-4~433 CITY CLERK -F:\X 888+4218 H Ul\JAl\ RESOURCES -E\X 884-8723 F Jl\i\NCE &. UTILITY BILLING - E\X 887048 l:~ \L\VOR l~ nr::r-:lr,:. _1:-\ y gQA-Q, 10 ** TX t. ~RMATION REPORT ** 06 07 138 09 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 DATE TIME TOVFROM 03/34 17:07 3813160 03/04 17: 09 PUBL I C LJDf(KS 03/04 17:11 12eS4664405 03/04 17:13 8841159 03/04 17: 15 2008840744 03/04 17:17 POLICE DEPT 03/04 17:19 8985501 03/04 17:21 LIBRARY 03/04 17:23 92083776449 03/04 17.: 25 3886924 03/04 17:26 P-AND-2 03/04 17: 29 RLL AMER I CAN INS 03/04 17:30 208 895 0390 03/04 17:32 128300040 03/04 17:35 208 387 6393 03/04 17:36 ADA cry DEVELMT 03/04 17: 39 888Se52 133/04 17: 41 CHERRY LAt--lE 03/04 17:44 IDAHO ATHLETIC C 03/04 17:46 ID PRESS TRIBUNE 03.104 17: 48 2088886701 ( AS OF MAR e4 '05 ~ J PAGE. 01 I1JDE EC--S EC-S EC--S EC--5 EC--S EC--S EC-5 EC--S EC--S EC---S EC--S EC--S EC--S 83--5 EC--S EC--S EC--S G3--S EC--S EC--S EC-S CITY OF MERIDIAN MIWSEC PGS 02t 20" 005 01t22" 005 01 ' 24 TJ 005 01.23"" 0.05 01 t 2Su ~0S 01 '22-u 005 011 2111 1305 0114611 005 01 ~ 22" 005 el'221t 005 01'2211 Bas 81t22U 005 01 t 22.jI 005 01 t 4?lt 005 01.2211 005 01 ~ 22" 005 01 ' 21 u e05 132' 53 II B0S 01~23u 0fd5 01 .. 23~t 005 01 t 23" 005 CMO;t 222 222 222 222 222 222 222 222 222 222 222 222 222 222 222 222 222 222 222 222 222 STATUS OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK -------------------------------------------------------------------------------------------- VLL~ ~o~r~{ ~Jdi~ (\jii~ -- .r hOW1~'~ CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Tuesday, March 8, 2005 at 8:00 p.m. City Council Chambers 1. Roll-calJ Attendance: _ Shaun Ward~e Christine Donnell Charlie Rountree Keith Bird _ Mayor Tammy deWeerd 2~ Adoption of the Agenda: 3.. Presentation on Regional Plan by Kelll Fairless: (.40 min..) 4. Discussion of Vacant Fanners and Merchants State Bank Building _ 703 North Main Street: (A 20 min.) III Approximate allowable time set for agenda item may change depending on discussion" Please use the designated minutes as a guideline only. Meridian City Pre-Council Agenda - March- 6, 2005 Page 1 of 1 AU materialS presented al pUbliC meetings shaH become property of the City Of Meridian. AnYOne desiring aCCOmmodatiOn fOfdisablutl&5 related to documents aOdlor heartngs~ I.. r [...~~ D~~ '-\L)~ JdiG (\}~ ~ -- (hVW1~ \ ~ CITY OF MERIDIAN PRE-COUNCil MEETING AGENDA Tuesday, March 8, 2005 at 6:00 p.m. City Council Chambers 1. Roll-call Attendance: Shaun Wardle Christine Donnell Charlie Rountree Keith Bird _ Mayor Tammy de Weerd 2. Adoption of the Agenda: 3. Presentation on Regional Plan by Kelli Fairless: (*40 min.) 4. Discussion of Vacant Farmers and Merchants State Bank Building - 703 North Main Street: (*20 min.) * Approximate allowable time set for agenda item may change depending on discussion. Please use the designated minutes as a guideline only. Meridian City Pre-Council Agenda - March 8,2005 Page 1 of 1 All materials presented at public meetings shall become property of the City of Meridian4 Anyone desiring accommodation for disabilities related to documents and/or hearings, i ~,. . ( t G~ Resolution No. Establishing Adventure Island Playground Rules Under the Park Regulations Code for the Parks and Recreation Department for the City of Meridian: H9 Resolution No. Adopting the Meridian Parks and Recreation Properties Naming Policy for the Parks and Recreation Department of the City of Meridian: 6~ Department Reports A~ Mayors Office 1. Proclamation for Girl Scouts: B. Planning and Zoning 1 ~ Response to Ada County Board of County Commissioners regarding Area of City Impact: 7. (Items Moved from Consent Agenda) 8. FP 05-014 Request for Final Plat approval of 18 commercial building lots on 33.1 acres for Destination Place Subdivision (fka Boise Valley Commons) by Boise Valley Commons, LLC - east of South Locust Grove Road and north -of East Overland Road: 9~ FP 05-011 Request for Final Plat approval of 57 single-family residential building lots and 9 common Jots on 27.73 acres in a R-4 zone for Sutherland Farm Subdivision No. 5 by Great Sky, Inc. - east of South Eagle Road and north of East Victory Road: 10. FP 05-012 Request for Final Plat approval for 52 single-family residential building lots and 6 common lots on 13.55 acres in a R-8 zone for Fulfer Subdivision No.4 by Kevin Howell - north of McMillan Road and west of Linder Road: 11. FP 05-013 Request for Final Plat approval of 77 single-family residential building lots on 19~4 acres in a R-8 zone for Chatsworth Subdivision by Dyver Development, LLC - South Locust Grove Road and south of Victory Road: 12. VAC 05-003 Request for a Vacation of the golf course easement located on Lots 44, 45, 46, & 47, Block 1 of SpulWing Subdivision by Spurwing Limited Partnership - North of Chinden Boulevard and west of North Linder Road: Meridian City Council Agenda - March 8t 2005 Page 2 of 3 All materjaJs presented at public meetings shall become property of the City of Meridian. AnYOne deSiring accommodation for disabilities related to documents and/or hearing Please contact the City Crerkls Office at 888-4433 at Jeast 48 hours prior to the PUbliC meeting. t "Although the City of Meridian no longer requires sworn testimony, all presentations before the Mayor and City Council are expected to be truthful and honest to best of the ability of the presenterw " 13. Public Hearing: RZ 05-001 Request for a Rezone of ~249 acres from R-8 to O-T zone for Robert Monson by Robert Monson - 829 North Meridian Road: 14. Public Hearing: CUP 05-001 Request for a Conditional Use Permit for an office I retaif use in an 0- T zone for Robert Monson by Robert Monson - 829 North Meridian Road: 15. Public Hearing: AZ 04-011 REVISED Request for Annexation and Zoning of 9.8 acres to R-8 zone for Alexandria Subdivision by Lonnie Johnson - 4205 North Locust Grove Road: 16~ Public Hearing: PP 04-017 REVISED Request for Preliminary Plat approval for 33 single-family residential and 4 common lots on 9.8 acres in a proposed R-8 zone for Alexandria Subdivision by Lonnie Johnson _ 4205 North Locust Grove Road: 17. Public Hearing: CUP 04-015 REVISED Request for a Conditional Use Permit for a Planned Development consisting of 33 residential building lots for reductions to the minimum requirements for lot areal rear building setbacksf street side setbacks and minimum street frontage for Alexandria Subdivision by Lonnie Johnson - 4205 North Locust Grove Road: 18. Executive Session per Idaho State Code 67~2345(1 )(f): Meridian City Council Agenda - March 8~ 2005 Page 3 of 3 AU materials presented at public meetings shall become property Of the City Of Meridian. AnYOne deSiring accommodation for djsabilities reJated to documents and/or hearing pfease contact the City Clerkls Office at 888-4433 at least 48 hours prior to the PUbliC meeting,