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Home My WebLink About2002-04-16 CITY OF MERIDIAN M1!~ CITY COUNCIL REGULAR MEETING AGENDA Tuesday, April 16, 2002, at 6:30 p.m. City Council Chambers ,., 1. Roll-call Attendance: Tammy de Weerd Cherie McCandless Mayor Robert Corrie Bill Nary Keith Bird 2. Adoption of the Agenda: 3. Consent Agenda: A.. . Approve minutes of March 26J 2002 City Council Regular Meeting: B. Approve minutes of April 2, 2002 City Council Special Meeting: C. Approve minutes of April 2, 2002 City Council Regular Meeting: D. Tabled from April 2, 2002: Findings of Fact and Conclusions of Law for Denial: PP 01-016 Request for Preliminary Plat approval of 28 building lots and 5 other lots on 5.4 acres in a proposed R-8 zone for proposed Kodiak Subdivision by Kodiak Development, LL~.- 2435 South Meridian Road: E. Tabled from April 2, 2002: Findings of Fact and Conclusions of Law for Denial: CUP 01-029 Request for a Conditional Use Permit for a Planned Unit Development for a private RV storage and reduced lot sizes in an R-8 zone for proposed Kodiak Subdivision by Kodiak Development, LLC - 2435 South Meridian Road: F.. Tabled from April 2, 2002: Findings of Fact and Conclusions of Law for Denial: VAR 01-019 Request for a Variance to exceed 1,000 feet maximum length requirement and to allow the public road being proposed to exceed 450 feet maximum length requirement in an R-8 zone for Kodiak Subdivision by Kodiak Development, LLC - 2435 South Meridian Road: Meridian City Council Agenda - April 16,2002 Page I of 4 All materials presented at public meetings shall become property ofthe City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing pleaseconlact the City Clerk's Office lit 8884433 at \cast48 hours prior to the public meeting. G. Findings of Fact and Conclusions of Law for Approval: CUP 01-044 Request for a Conditional Use permit for one 92 room hotel, one single story office building and one two story office building in a C-G zone for Hampton Inn Hotel by Meridian Hampton Center LLC - southwest corner of Allen Street and Gentry Way: H. Findings of Fact and Conclusions of Law for Approval: PFP 01-010 Request for Preliminary/Final Plat approval for 3 building lots on 4.10 acres in a C-G zone for Hampton Inn Subdivision by Pinnacle Engineers, Inc. - southwest corner of Allen Street and Gentry Way: I. Findings of Fact and Conclusions of Law for Approval: AZ 01- 027 Request for annexation and zoning of 77.9 acres in a proposed R-8 zone for proposed Baldwin Park Subdivision by Capital Development Co. - % mile south of McMillan Road, east side of Linder Road: J. Findings of Fact and Conclusions of Law for Approval: PP 01- 024 Request for Preliminary Plat approval of 272 building lots and .16 other lots on 77.9 acres in a proposed R-8 zone for Baldwin Park Subdivision by Capital Development Co. -- % mile south of McMillan Road, east side of Linder Road: K. Findings of Fact and Conclusions of Law for Approval: V AR 01-020 Request for variance on block lengths for one side of two blocks within the proposed Baldwin Park Subdivision by Capital Development Co. - % mile south of McMillan Road, east side of Linder Road: L. Findings of Fact.and Conclusions of Law for Approval: AZ 02- 001 Request for annexation and zoning of 1.14 acres from R-1 to R-4 zones for Marvin and Violet Werth by Marvin & Violet Werth - 2150 South Locust Grove Road: M. Findings of Fact and Conclusions of Law for Approval: CUP 02-001 Request for Conditional Use Permit for a Planned Unit Development for, a 54-unit apartment complex for' The Foothills Apartments by 'Sitzlar Real Estate Development -Northeast Corner of North Nola and East Franklin Roads: N. Findings of Fact and Conclusions of Law for Approval: AZ 02- 002 Request for annexation and zoning of 5.81 acres from RUT to R-40 zones for proposed Cooper Canyon Subdivision by Wildwood Development, LLC - east of North Locust Grove Road and south of East Wilson Lane: Meridian City Council Agenda - April 16,2002 Page 2 of 4 All materials presented at public meetings shall become property ofthe City of Meridian. Anyone desiring accommodation for disabilities related 10 documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. O. Findings of Fact and Conclusions of Law for Approval: PP 02- 001 Request for Preliminary Plat approval of 22 building lots and 2 other lots on 5.81 acres for proposed Cooper Canyon Subdivision by Wildwood Development, LLC -- east of North Locust Grove Road and south of East Wilson Lane: P. Findings of Fact and Conclusions of Law for Approval: CUP 02-002 Request for Conditional Use Permit for 22 4-plex units in a proposed R-40 zone for Cooper Canyon Subdivision by Wildwood Development, LLC -- east of North Locust Grove Road and south of East Wilson Lane: Q. Contract for Services with Greene Fire Protection: R. Street Light Agreement - Bear Creek Subdivision No.3: S. Approve Contract with Hoffman's Landscapina for landscape work at 'Waste Water Treatment Plant: T.Approve purchase of Diesel Storage Tank from K & T Steel: ~ U. Beer I Wine I liQuor License Renewals: 4. Department Reports: A. Police Department - Chief Worley: 1. Promotion Ceremony for Sergeant Candidate: B. Public Work's D~partment - Gary Smith: 1. White Drain Sewer Trunk - Award of Construction Contract: 2. Approve purchase of Diesel Stor~ge Tank from K & T Steel: C. Planning and Zoning Department: 1. South Eagle Properties, LLC (Ada CO,unty Development Services File No.01-37-CU I 01-23-MSP I D1-95..AC) - Request for waiver of 3D-day notification requirement by Bob and Mary Beth LaVelle of BOQUS Creek Outfitters. Inc.: 5. (Items Moved from Consent Agenda) 6. Ordinance No. : Special Police Ordinance Merid ian City Council Agenda - April 16, 2002 Page 3 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 7. TE 02~002: Request for a one year Time Extension of the Preliminary Plat approval for Locust Grove Place by B & A Engineers - southwest corner of South Locust Grove Road and East Franklin Road: 8. Public Hearing: MI 02~003 Request for modification of the development agreement for the Amended MaQic View Subdivision by Magic View Partners to allow a drive-through restaurant on the southeastern parcel: northeast corner of Magic View and Allen Street: 9. Continued Public Hearing from April 2, 2002: CUP 01-045 Request for a Conditional Use Permit for a 1743 square foot Sandwich Shop with a drive-thru window in an L-O zone for Subway by Blaine & Cynthia Jacobson - Northeast comer of Magic View and South Allen Street: 10. Public Hearing: VAR 02-002 Request for variance to allow existing "Bucket Sign" at the Kentucky Fried Chicken restaurant by King Electric Signs - 677 S.E. 1st Street: 11. Public Hearing: CUP 02-003 Request for a Conditional Use Permit to add one to two additional children after school in existing Family Home Daycare in an R-8 zone for Christina Floyd by Christina Floyd - 567 East Brown Bear Street: 12. Public Hearing: CUP 02-004 Request for a Conditional Use Permit for an automotive repair business and vehicle parking and storage for Meridian Automotive and Machine by Meridian Automotive and Machine, Inc. - 505 East 1st Street: 13. Public Hearing: PP 02-003 Request for Preliminary Plat approval of 8 building lots and 11 other lots on 113.15 acres in an L-O zone for Touchmark living Cen~er by Touchmark Living Center - south of East Franklin Road and east of South Eagle Road: Meridian City Council Agenda - April 16,2002 Page 4 of 4 All materials pl"esentcd at public meetings shall become propcrty of the City of Meridian. Anyone desiring accommodation for disahilities 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. CITY OF MERIDIAN CITY COUNCil REGULAR MEETING AGENDA Tuesday, April 16, 2002, at 6:30 p.m. City Council Chambers 1. RolI~call Attendance: -L Tammy de Weerd K -15-- Cherie McCandless X ,X Mayor Robert Corrie 2. Adoption of the Agenda: Bill Nary Keith Bird 3. Consent Agenda: A. Approve minutes of March 26, 2002 City Council Regular Meeting: ~;~v<.- .~ B. Approve minutes of April 2, 2002 City Council Special Meeting: Cl jfJfJ 171 v.e- C. Approve minutes of April 2, 2002 City Council Regular Meeting: f?vp;rrov-.e.... E> - D. Tabled from April 2, 2002: Findings of Fact and Conclusions of law for Denial: pp 01~016 Request for Preliminary Plat approval of 28 building lots and 5 other lots on 5.4 acres in a proposed R-8 zone for proposed Kodiak Subdivision by Kodiak Development, LLC - 2435 South Meridian Road: C(;P~o ve.... 5" - E. Tabled from April 2, 2002: Findings of Fact and Conclusions of law for Denial: CUP 01-029 Request for a Conditional Use Permit for a Planned Unit Development 'for a private RV storage and reduced lot sizes in an R-8zone for proposed Kodiak Subdivision by Kodiak Development, LLC - 2435 South Meridian Road: Cl rtrovR./ 5" - F.' Tabled from April 2, 2002: Findings of Fact and Conclusions of Law for Denial: VAR 01~019 Request for a Variance to exceed 1,000 feet maximum length requirement and to allow the public road being proposed to exceed 450 feet maximum length requirement in an R-8 zone for Kodiak Subdivision by Kodiak Development, LLC - 2435 South Meridian Road: ~fpr(;JIFe- Meridian City Council Agenda - April 16, 2002 Page I of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. G. Findings of Fact and Conclusions of Law for Approval: CUP 01-044 Request for a Conditional Use permit for one 92 room hotel, one single story office building and one two story office building in a C-G zone for Hampton Inn Hotel by Meridian Hampton Center LLC - southwest corner of Allen Street and Gentry Way: c&1f'o /.'-.Ii?.-- Findings of Fact and Conclusions of Law for Approval: PFP 01-010 Request for Preliminary/Final Plat approval for 3 building lots on 4.10 acres in a C-G zone for Hampton Inn Subdivision by Pinnacle Engineers, Inc. - southwest corner of Allen Street and Gentry Way: af' pv^<L Findings of Fact and Conclusions of law for Approval: AZ 01- 027 Request for annexation and zoning of 77.9 acres in a proposed R-8 zone for proposed Baldwin Park Subdivision by Capital Development Co. - }4 mile south of McMillan Road, east side of Linder R~ad: Ctffrov~ Findings of Fact and Conclusions of Law for Approval: PP 01- 024 Request for Preliminary Plat approval of 272 building lots and '16 other lots on 77.9 acres in a proposed R-8 zone for Baldwin Park Subdivision by Capital Development Co. -- }4 mile south of McMillan Road, east side of Linder Road: Af?'ro~ Findings of Fact and Conclusions of Law for Approval: V AR 01-020 Request for variance on block lengths for one side of two blocks within the proposed Baldwin Park Subdivision by Capital Development Co. - % mile south of McMillan Road, east side of Linder Road: CVPtN ~ Findings of fact and Conclusions of Law for Approval: AZ 02- 001 Request for annexation and zoning of 1.14 acres from R-1 to R-4 zones for Marvin and Violet Werth by Marvin & Violet Werth - 2150 South Locust Grove Road: &~h/V'-L- Findings of Fact and Conclusions of law for Approval: CUP 02-001 Request for Conditional Use Permit for a Planned Unit Development for a 54-unit apartment complex for The Foothills Apartments by Sitzlar Real Estate Development ~ Northeast Corner of North Nola and East Franklin Roads: tt1Fv..e/ Findings of Fact and Conclusions of law for Approval: AZ 02~ 002 Request for annexation and zoning of 5,81 acres from RUT to R-40 zones for proposed Cooper Canvon Subdivision by Wildwood Development, LLC - east of North Locust Grove Road and south of East Wilson Lane: t'ijJfYo V..u Meridian City Council Agenda - April 16,2002 Page 2 of 4 All materials presented at public meetings shall become property ofthe City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or nearing please contact the City Clcrk's Office at 888-4433 at least 48 hours prior to thc public meeting. H. I. J. K. L. M. N. O. Findings of Fact and Conclusions of Law for Approval: PP 02- 001 Request for Preliminary Plat approval of 22 building lots and 2 other lots on 5.81 acres for proposed Cooper Canyon Subdivision by Wildwood Development, LLC -- east of North Locust Grove Road and south of East Wilson Lane: Clj-Jrrt'V..R.- P. Findings of Fact and Conclusions of Law for Approval: CUP 02~002 Request for Conditional Use Permit for 22 4-plex units in a proposed R-40 zone for Cooper Canyon Subdivision by Wildwood Development, LLC -- east of North Locust Grove Road and south of East Wilson Lane: &'-f?P /"'P 0.e....- Q. Contract for Services with Greene Fire Protection: c~f' /pro vv:....- R. Street Light Agreement - Bear Creek Subdivision No.3: appro v..e... S. Approve' Contract with Hoffman's Landscaping for landscape work at Waste Water Treatment Plant: appro ilL.(... T. 'Approve purchase of Diesel Storage Tank from K & T Steel: Cllo/lYV VlU U. Beer I Wine I Liquor License Renewals: a PJ<l"1'O V.e... 4. Department Reports: A. Police Department - Chief Worley: 1. Promotion Ceremony for Sergeant Candidate: ~oH- {'o!C{ia.hni B. Public Work's Department - Gary Smith: 1. White Drain Sewer Trunk - Award of Construction Contract: /Vi? ach2nJ er.-- C. Planning and Zoning Department: 5. 1. South Eagle Properties, LLC (Ada County Development Services File No. 01-37-CU I 01-23-MSP I 01-95-AC) - Request for waiver of 3D-day notification requirement by Bob and Mary Beth LaVelle of Bogus Creek Outfitters, Inc.: ~?fTYPi/<- (Items Moved from Consent Agenda) Ordinance No. tJ 2-Cf'df B : Special Police Ordinance a~roV'...e- 6. Meridian City Council Agenda - April 16,2002 Page 3 of 4 All materials presented at public meetings shall become property ofthe City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the publ ic meeting. /4. 7. TE 02-002: Request for a one year Time Extension of the Preliminary Plat approval for locust Grove Place by B & A Engineers - southwest corner of South Locust Grove Road and East Franklin Road: c<-j?)?ro ve () 11. e 'Ie tVt..- 'n};-...e e tC..(.O"l..J/~",J Public Hearing: MI 02-003 Request for modification of the development agreement for the Amended Magic View Subdivision by Magic View Partners to allow a drive-through restaurant on the southeastern parcel: northeast corner of Magic View and Allen Street: cz;;fJrov.e...... Continued Public Hearing from April 2, 2002: CUP 01-045 Request for a Conditional Use Permit for a 1743 square foot Sandwich Shop with a drive-thru window in an L-Q zone for Subway by Blaine & Cynthia Jacobson - Northeast corner of Magic;: View and South Allen Street: a7'77;r /Ley To ~rep4A....e.- IY,c 5(' C I ~ .;:h a f'l'YV v~ Public Hearing: VAR 02-002 Request for variance to allow existing "Bucket Sign" at the Kentucky Fried Chicken restaurant by King Electric Signs - 677 S.E. 1st Street: '1/'" /'_~ dbrv." z,G affrVN 0/ .10 /yu:P t'1/I..C. ";:1 r- f (j/1!. f7J t- I? Public Hearing: CUP 02-003 Request for a Conditional Use Permit to add one to two additional childre.n after school in existing Family Home Daycare in an R-8 zone for Christina Floyd by Christina Floyd - 567 East Brown Bear Street: l - /l '" 6 I;' Cl7/vvr..etj .Jt;fhef'cvu I-l? (cl--e..A ~/r;;U..- -17.e~/Yn afr-e.- reU Public Hearing: CUP 02-004 Request for a Conditional Use Permit for an automotive repair business and vehicle parking and storage for Meridian Automotive and Machine by Meridian Automotive and Machine, Inc. - 505 East 1st Stree.h..j, / /l ~__ ~. c-vL af~tj .fp prep,r.-'\.( ftr t CIA- fr/t a/}JrPv Public Hearing: PP 02-003 Request for Preliminary Plat approval of 8 building lots and 11 other lots on 113.15 acres in an L-Q zone for Touchmark living Center by Touchmark Living Center - south of East Franklin Road and east of South Eagle Road: c:t'r-r02NJ -Iv ~j/tVLe ,?'// <I CJ(..e ~t;:'j1Pj00v~ ttlalu; Jetvt/Lj tr-tlJ/v kll'r-t?'tA0'-cU./ / /Cf/VlA- orff' C<-r~~ 8. 9. 10. 11. 12. 13. /5: 1:::)( e C4-h ~ .s:e sr" in--- 6 ? - 2 ? c'ff"' (j J h M ~C/JI tn-.... Meridian City Council Agenda - April 16,2002 Page 4 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the publie meeting. CITY OF MERIDIAN 04-12-02 CITY COUNCIL REGULAR MEETING AGENDA Tuesday, April 16, 2002, at 6:30 p.m. City Council Chambers 1. Roll-call Attendance: X Tammy de Weerd X X Cherie McCandless X X Mayor Robert Corrie Bill Nary Keith Bird 2. Adoption of the Agenda: 3. Consent Agenda: A.. .Approve minutes of March~ 26, 2002 City Council Regular Meeting: Approve B. Approve minutes of April 2, 2002 City Council Special Meeting: Approve C. Approve minutes of April 2, 2002 City Council Regular Meeting: Approve 5-0. Tabled from April 2, 2002: Findings of Fact and Conclusions of Law for Denial: PP 01-016 Request for Preliminary Plat approval of 28 building lots and 5 other lots on 5.4 acres in a proposed R-8 zone for proposed Kodiak Subdivision by Kodiak Development, LLC - 2435 South Meridian Road: Approve 5-E. Tabled from April 2, 2002: Findings of Fact and Conclusions of Law for Denial: CUP 01-029 Request for a Conditional Use Permit for a Planned Unit Development for a private RV storage and reduced lot sizes in an R-8 zone for. proposed Kodiak Subdivision by Kodiak Development, LLC - 2435 South Meridian Road: Approve 5-F. Tabled from April 2, 2002: Findings of Fact and Conclusions of Law for Denial: VAR 01-019 Request for a Variance to exceed 1,000 feet maximum length requirement and to allow the public road being proposed to exceed 450 feet maximum length Meridian City Council Agenda - April 16, 2002 Page I of 5 All materials p(esented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. requirement in an R-8 zone for Kodiak Subdivision by Kodiak Development, LLC - 2435 South Meridian Road: Approve G. Findings of Fact and Conclusions of law for Approval: CUP 01-044 Request for a Conditional Use permit for one 92 room hotel, one single story office building and one two story office building in a C-G zone for Hampton Inn Hotel by Meridian Hampton Center LLC - southwest corner of Allen Street and Gentry Way: Approve H. Findings of Fact and Conclusions of Law for Approval: PFP 01-010 Request for Preliminary/Final Plat approval for 3 building lots on 4.10 acres in a C-G zone for Hampton Inn Subdivision by Pinnacle Engineers, Inc. - southwest corner of Allen Street and Gentry Way: Approve I. Findings of Fact and Conclusions of Law for Approval: AZ 01- 027 Request for annexation and zoning of 77.9 acres in a proposed R-8 zone for proposed Baldwin Park Subdivision by Capital Development Co. - % mile south of McMillan Road, east side of Linder Road: Approve -J. Findings of Fact and Conclusions of Law for Approval: PP 01- 024 Request for Preliminary Plat approval of 272 building lots and 16 other lots on 77.9 acres in a proposed R-8 zone for Baldwin Park Subdivision by Capital Development Co. -- % mile south of McMillan Road, east side of Linder Road: Approve K. Findings of Fact and Conclusions of law for Approval: V AR 01-020 Request for variance on block lengths for one side of two blocks within the proposed Baldwin Park Subdivision by Capital Development Co. - % mile south of McMillan Road, east side of Linder Road: Approve L. Findings of Fact and Conclusions of L~w for Approval: AZ. 02- 001 Request for annexation and zoning of 1.14 acres from R-1 to R-4 zones for Marvin and Violet Werth by Marvin & Vielet Werth - 2150 South Locust Grove Road: Approve M.. Findings of Fact and Conclusions of Law for Approval: CUP 02-001 Request for Conditional Use Permit for a Planned Unit Development for a 54-unit apartment complex for The Foothills Apartments by Sitzlar Real Estate Development - Northeast Corner of North Nola and East Franklin Roads: Approve N. Findings of Fact and Conclusions of law for Approval: AZ 02- 002 Request for annexation and zoning of 5.81 acres from RUT to Meridian City Council Agenda - April 16, 2002 Page 2 of 5 All materials presented at public meetings shall become property ufthe City of Meridian. Anyone desiring 3Cconnllodation for disabilities related to documents and/or hearing please contact thc City Clerk's Office at 8884433 at least 48 hours prior to the public meeting. R-4D zones for proposed Cooper Canyon Subdivision by Wildwood Development, LLC - east of North Locust Grove Road and south of East Wilson Lane: Approve o. Findings of Fact and Conclusions of Law for Approval: PP 02- 001 Request for Preliminary Plat approval of 22 building lots and 2 other lots on 5.81 acres for proposed Cooper Canyon Subdivision by WIldwood Development, LLC -- east of North Locust Grove Road and south of East Wilson Lane: Approve P. Findings of Fact and Conclusions of Law for Approval: CUP 02-002 Request for Conditional Use Permit for 22 4-plex units in a proposed R-40 zone for Cooper Canyon Subdivision by Wildwood Development, LLC -- east of North Locust Grove Road and south of East WIlson Lane: Approve Q. Contract for Services with Greene Fire Protection: Approve R. Street Light Agreement - Bear Creek Subdivision No.3: Approve s. Approve Contract with Hoffman's Landscapina for landscape work at Waste Water Treatment Plant: Approve T. Approve purchase of Diesel Storage Tank from K 8; T Steel: Approve u. Beer I Wine I liQuor License Renewals: Approve 4. Department Reports: A. Police Department - Chief Worley: 1. Promotion Ceremony for Serg<?ant Candidate: Colaianni Scott B. Public Work's Department - Gary Smith: 1. White Drain Sewer Trunk - Award of Construction Contract: No Action C. Planning and Zoning Department: 1. South Eagle Properties, LLC (Ada County Development Services File No. D1-3?-CU I D1-23-MSP I D1-95-AC) - Request for waiver of 3D-day notification requirement by Bob Meridian City Council Agenda - April 16, 2002 Page 3 of 5 All materials presented at public meetings shall become p(operty ofthe City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contaet the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. and Mary Beth LaVelle of Boqus Creek Outfitters. Inc.: Approve 5. (Items Moved from Consent Agenda) 6. Ordinance No. 02-948 : Special Police Ordinance: Approve 7. TE 02-002: Request for a one year Time Extension of the Preliminary Plat approval for Locust Grove Place by B & A Engineers - southwest corner of South Locust Grove Road and East Franklin Road: Approve one year Time Extension 8. Public Hearing: M102-003 Request for modification of the development agreement for the Amended Magic View Subdivision by Magic View Partners to allow a drive-through restaurant on the southeastern parcel: northeast corner of Magic View and Allen Street: Approve 9. Continued Public Hearing from April 2, 2002: CUP 01-045 Request for a Conditional Use Permit for a 1743 square foot Sandwich Shop with a drive-thru window in an L-O zone for Subway by Blaine & Cynthia Jacobson - Northeast corner of Magic View and South Allen Street: Attorney to prepare Findings of Fact and Conclusions of Law for Approval 10. Public Hearing: V AR 02-002 Request for variance to allow existing "Bucket Sign" at the Kentuckv Fried Chicken restaurant by King Electric Signs - 677 S.E. 1st Street: Attorney to prepare Findings of Fact and Conclusions of Law for Denia.l 11. Public Hearing: CUP 02-003 Request for a Conditional Use Permit to add one to two additional children after school in existing Family Home Daycare in an R-8 zone for Christina Flovd by Christina Floyd - 567 East Brown Bear Street: Attorney to prepare Findings of Fact and Conclusions of Law for Denia.l - reimburse fe.es 12. Public Hearing: CUP 02-004 Request for a Conditional Use Permit for an automotive repair business and vehicle parking and storag~ for Meridian Automotive and Machine by Meridian Automotive . and Machine, Inc. - 505 East 1st Street: Attorney to prepare Findings of Fact and Conclusions of Law for Approval 13. Public Hearing: PP 02-003 Request for Preliminary Plat approval of 8 building lots and 11 other lots on 113.15 acres in an L-O zone for Touchmark Living Center by Touchmark Living Center - south of East Franklin Road and east of South Eagle Road: Attorney to prepare Findings of Fact and Conclusions of Law for Approval Meridian City Council Agenda - April 16, 2002 Page 4 of 5 All materials presented at public meetings shall become property ofthe City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 atleas148 h01lrs prior to thc public meeting. 14. Water, Sewer and Trash Delinquencies: Approve Meridian City Council Agenda - April 16, 2002 Page 5 of 5 All materials presented at public meetings shall become property ofthe City of Meridian. Anyone dcsiring acconunodation for disabilitics rclated to documents and/or hearing please contact the City Clerk's Office at 8884433 at least 48 hours prior to the publie meeting. Meridian City Council Meeting April 16, 2002 The regularly scheduled meeting of the Meridian City Council was called to order at 7:15 P.M., Tuesday, April 16, 2002, by Mayor Robert D. Corrie. Members Present: Mayor Robert Corrie, Tammy de Weerd, Keith Bird, Cherie McCandless and William Nary. Others Present: Sam Johnson, Mike Worley, Gary Smith, Dave McKinnon, Brad Watson, Ken Bowers, Dean Willis, and Will Berg, Item 1. Roll-call Attendance: X Tammy de Weerd X X Cherie McCandless X X Mayor Robert Corrie Bill Nary Keith Bird Corrie: Okay. It's 6:30, I'll call the Meridian City Council Regular Meeting for Tuesday, April 16, 2002, in the City Council Chambers to order and, Mr. Clerk, we'll have roll-call attendance, plea~e. Item 2: Adoption of the Agenda: Corrie: Okay. Item Number 2 is the Adoption of the Agenda. Council, have you seen the Agenda? Any additions or corrections? Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: We can probably, I think, take care of that under the Public Works Department before taking this one off. Do you want to do that now or do you want to do that -- under B-1, Public Works Department, the White Drain Sewer Trunk award of construction contract, we need to pull that until a later date. I don't believe we -- he said we don't need to. I would pull that until it's ready to come back at such time, I hope sooner than later. Corrie: Okay.. Bird: And other than that, I would make a motion that we adopt the Agenda as noted, with that one exception. Corrie: Okay. Any other comments? Hearing none, all those in favor of adopting the Agenda as noted say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES Meridian City Council Meeling April 16, 2002 Page 2 Item 3. Consent Agenda: A. Approve minutes of March 26, 2002 City Council Regular Meeting: B. Approve minutes of April 2, 2002 City Council Special Meeting: C. Approve minutes of April 2, 2002 City Council Regular Meeting: D. Tabled from April 2, 2002: Findings of Fact and Conclusions of Law for Denial: PP 01-016 Request for Preliminary Plat approval of 28 building lots and 5 other lots on 5.4 acres in a proposed R-8 zone for proposed Kodiak Subdivision by Kodiak Development, LLC - 2435 South Meridian Road: E. Tabled from April 2, 2002: Findings of Fact and Conclusions of Law for Denial: CUP 01-029 Request for a Conditional Use Permit for a Planned Unit Development for a private RV storage and reduced lot sizes in an R-8 zone for proposed Kodiak Subdivision by Kodiak Development, LLC - 2435 South Meridian Road: F. Tabled from April 2, 2002: Findings of Fact and Conclusions of Law for Denial: VAR 01-019 Request for a Variance to exceed 1,000 feet maximum length requirement and to allow the public road being proposed to exceed 450 feet maximum length requirement in an R-8 zone for Kodiak Subdivision by Kodiak Development, LLC - 2435 South Meridian Road: G. Findings of Fact and Conclusions of Law for Approval: CUP 01-044 Request for a Conditional Use permit for one 92 room hotel, one single story office building and one two story office building in a C-G zone for Hampton Inn Hotel by Meridian Hampton Center LLC - southwest corner of Allen Street and Gentry Way: H. Findings of Fact and Conclusions of Law for Approval: PFP 01-010 Request for Preliminary/Final Plat approval for 3 building lots on 4.10 acres in a C-G zone for Hampton Inn Subdivision by Pinnacle Engineers, Inc. - southwest corner of Allen Street and Gentry Way: I. Findings of Fact and Conclusions of Law for Approval: AZ 01- 027 Request for annexation and zoning of 77.9 acres in a proposed R-8 zone for proposed Baldwin Park Subdivision by Capital Development Co. - % mile south of McMillan Road, east side of Linder Road: Meridian City Council Meeting April 16, 2002 Page 3 J. Findings of Fact and Conclusions of Law for Approval: PP 01- 024 Request for Preliminary Plat approval of 272 building lots and 16 other lots on 77.9 acres in a proposed R-8 zone for Baldwin Park Subdivision by Capital Development Co. -- % mile south of McMillan Road, east side of Linder Road: K. Findings of Fact and Conclusions of Law for Approval: VAR 01 ~020 Request for variance on block lengths for one side of two blocks within the proposed Baldwin Park Subdivision by Capital Development Co. - % mile south of McMillan Road, east side of Linder Road: L. Findings of Fact and Conclusions of Law for Approval: AZ 02~ 001 Request for annexation and zoning of 1.14 acres from R-1 to R-4 zones for Marvin and Violet Werth by Marvin & Violet Werth - 2150 South Locust Grove Road: M. Findings of Fact and Conclusions of Law for Approval: CUP 02~001 Request for Conditional Use Permit for a Planned Unit Development for a 54-unit apartment complex for The Foothills Apartments by Sitzlar Real Estate Development - Northeast Corner of North Nola and East Franklin Roads: N. Findings of Fact and Conclusions of Law for Approval: AZ 02- 002 Request for annexation and zoning of 5.81 acres from RUT to R-40 zones for proposed Cooper Canyon Subdivision by Wildwood Development, LLC - east of North Locust Grove Road and south of East Wilson Lane: O. Findings of Fact and Conclusions of Law for Approval: PP 02- 001 Request for Preliminary Plat approval of 22 building lots and 2 other lots on 5.81 acres for proposed Cooper Canyon Subdivision by Wildwood ~ Development, LLC -- east of North Locust Grove Road and south of East Wilson Lane: P. Findings of Fact and Conclusions of Law forApproval: CUP 02~002 Request for Conditional Use Permit for 22 4-Plex units in a proposed R-40 zone for Cooper Canyon Subdivision by Wildwood Development, LLC -- east of North Locust Grove Road and south of East Wilson Lane: Q. Contract for Services with Greene Fire Protection: R. Street Light Agreement - Bear Creek Subdivision No.3: Meridian City Council Meeting April 16, 2002 Page 4 S. Approve Contract with Hoffman's Landscapinq for landscape work at Waste Water Treatment Plant: T. Approve purchase of Diesel Storage Tank from K & T Steel: U. Beer I Wine I Liauor License Renewals: Corrie: The next item is the Consent Agenda. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I move that we approve the Consent Agenda as noted. Corrie: Okay. Is there a second? Nary: Second. Corrie: Okay. Motion has been made and 'seconded to approve the Consent Agenda as noted. Oe Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. Oe Weerd: Did we want to pull 0, E, and F off or are we ready to act on that? I think we had asked staff to meet with ITO and ACHO on that, so -- Bird: They have met, haven't they? Corrie: Dave? McKinnon: Mr. Mayor, Members of the Council, we have met with lOT and ACHO staff. De Weerd: We probably want to pull that off, then, and put it on the Agenda. McKinnon: That would be fine. Bird: I'll pull it off with a motion and restate the motion that we will pull Items 0, E, and F ,to Number 5-0, 5-E, and 5-E on the Regular Agenda. With those exceptions, to accept the Consent Agenda as noted. Nary: Second. Meridian City Council Meeting April 16, 2002 Page 5 Corrie: Okay. Motion has been made and seconded to approve the Consent Agenda, with the exception of 0, E, and F, which will be pulled and put in Item Number 5. Any further discussion? Hearing none, roll-call vote, Mr. Berg. Roll Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, yea. Corrie: All ayes. Motion is carried. MOTION CARRIED: ALL AYES Item 4: Department Reports: A. Police Department - Chief Worley: 1. Promotion Ceremony for Sergeant Candidate: Corrie: Department Repor:ts. Police Department. Chief Worley. Worley: Thank you, Mr. Mayor and Members of the Council. About two months ago during a reor.ganization of the Police Department, the Council approved one additional sergeant position to give us 24 hour a day, seven day a week, supervision in the field. The position of sergeant is probably the most important position that a police officer can attain. That is the first position where an individual police officer becomes responsible for the actions of somebody else and responsible for not only their actions, but also their training, their well being. Everything else beyond that is -- up to and including chief is really just more of the same, a little more responsibility, but the same kind of thing. In order to fill this position we conducted what's call as assessment center. This is a daylong process where the candidates, the people speaking the promotion position, are actually placed in scenarios, which replicate true-life situations that a sergeant would face in the field and they have to show that they can actually perform in that capacity. In our case we had assessors from not only Meridian, but from the Nampa and Garden City Police Departments and roll players from Meridian, Boise, and Ada County that helped us on this, so it was a very extensive process. We had eight candidates who tried out for the position of sergeant and I'm very pleased to announce that the individual we selected for this promotion is Scott Colaianni. Scott, if yo~ will come up. Scott's been a member of the Meridian Police Department for just about-- he's been a member of the Meridian Police Department for a little over five years. . In addition to his promotion he~s just about to have another momentous event in his life, he's going to receive his degree in Criminal Justice Administration from Boise State in about another month. He's working hard on several fronts. I'd like to ask Mayor Corrie to come down and administer the oath. (Oath administered by Mayor Corrie.) Worley: Thank you, Mr. Mayor. Scott has some supporters here, if you'd like to introduce them. Meridian City Council Meeting April 16, 2002 Page 6 Colaianni: This is my beautiful wife Susan. Been married to her for 15 years. My brother Eric and his beautiful wife Brandy. Worley: One of the special things about any promotion is the first time the badge is officially pinned on. Susan, if you would like to do the honors. Bird: Now the women know how we feel. Worley: Mr. Mayor and Council, citizens of Meridian, Sergeant Scott Colaianni. B. Public Work's Department - Gary Smith: 1 . White Drain Sewer Trunk - Award of Construction Contract: 2. Approve purchase of Diesel Storage Tank from K& T Steel: Corrie: Okay. 4-B, Public Works Department, Gary Smith, approval of purchase of diesel storage tank from K& T Steel. Smith: Thank you, Mr. Mayor, Council Members. That item was double listed. It was Item Number T in the Consent Agenda, so -- Corrie: So we don't have to worry about it. Smith: Right. Thank you. Corrie: Thank you. All right. Smith: Mr. Mayor, do you want to take formal action on Item Number 1? Corrie: No. Smith: As far as a motion? It's not necessary? Corrie: Not at this point I don't think we should. Right, Mr. Attorney? Johnson: I dc:m't believe it would be necessary. In fact, it would probably be more wise not to take any action on it. Corrie: Okay. Thank you. Smith: Thank you, Mr. Mayor. c. Planning and Zoning Department: Meridian City CDuncil Meeting April 16. 2002 Page 7 1. South Eagle Properties, LLC (Ada County Development Services File No. 01-37-CU / 01-23-MSP / 01-95-AC) - Request for waiver of 3D-day notification requirement by Bob and Mary Beth LaVelle of Bogus Creek Outfitters, Inc.: Corrie: Thank you. Planning and Zoning. South Eagle Properties. McKinnon: Thank you, Mr. Mayor, Members of the Council. Planning and Zoning received a request for a waiver of the 3D-day notification requirement for Bogus Creek Outfitters. The project is a half-mile between Lake Hazel and Columbia. That is outside of our area of impact. It is in our reference area. In talking with Shari, Shari had no objections to request for a Variance -- a Variance from the 30-day notification. We had 29 days, instead of 30 days. We felt that was sufficient. Planning and Zoning staff has no comment regarding the waiver request. Corrie: I'm a little confused. What do you want us to do? McKinnon: If you just approve the waiver request that they had. Corrie: Okay. . Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Just so I'm clear, Dave, you will have adequate time to respond to this and the shortness of the notice isn't going to have any impact on the -- McKinnon: That's correct. We received 29 days notice. Nary: Okay. Corrie: Any further discussion? Okay. I'll entertain a motion on the request for-- Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: You know, we had -- is this the same thing that we had on the Consent Agenda? Corrie: I don't think so. I was looking at that. Bird: I was looking at that and it's the same thing that comes up in the - Corrie: I don't think that that's on the agenda, Mr. Bird. Meridian City Council Meeting April 16, 2002 Page 8 Bird: Okay. You're right. Sorry. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I move the approval of the waiver of the 3D-day notification requirement by Bob and Mary Beth LaVelle of Bogus Creek Outfitters, Incorporated, Ada County Development Number 01-37-CU, 01-23-MSP, and 01-95-AC. Bird: I would second that. Corrie: Okay. Motion has been made and seconded to approve the request for a waiver of the 3D-day notification requirement. Any further discussion? Hearing none, all those in favor of the motion say aye. Opposed no? All ayes. Motion carried. MOTION CARRIED: ALL AYES Item 5: (I~ems Moved from Consent Agenda) D. Tabled from April 2, 2002: Findings of Fact and Conclusions of Law for Denial: PP 01-016 Request for Preliminary Plat approval of 28 building lots and 5 other lots on 5.4 acres in a proposed R-8 zone for proposed Kodiak Subdivision by Kodiak Development, LLC - 2435 South Meridian Road: E. Tabled from April 2, 2002: Findings of Fact and Conclusions of Law for Denial: CUP 01-029 Request for a Conditional Use Permit for a Planned Unit Development for a private RV storage and reduced lot sizes in an R-8 zone for proposed Kodiak Subdivision by Kodiak Development, LLC - 2435 South Meridian Road: F. Tabled from April 2, 2002: Findings of Fact and. Conclusions of Law for Denial: VAR 01-019 Request for a Variance to exceed 1,000 feet maximum length requirement and to allow the public road being proposed to exceed 450 feet maximum. length requirement in an R-8 zone for Kodiak Subdivision by Kodiak Development, LLC - 2435 South Meridian Road: Corrie: Item Number 5 is items moved from the Consent Agenda. Three items have been removed and moved to this, D, E, and F, related to Kodiak Subdivision. One is a request Preliminary Plat, the other is a request for a Conditional Use Permit, and the other one is a Variance. I'll call on staff to give comment. Meridian City Council Meeting April 16, 2002 Page 9 McKinnon: Thank you, Mayor, Members of the Council. I wish my overhead were working already. I had both options, actually, that are before you tonight. I did meet with Ada County Highway District and I have met with ITD staff concerning Bear Creek- - not Bear Creek, but, rather, Kodiak Subdivision and its relationship to Bear Creek and Highway 69. As you will remember, Kodiak Subdivision has essentially two options for access to the subdivision, either from Highway 69 or through Bear Creek Subdivision. Ada County Highway District staff has stated that they will not accept a public road that connects to the State Highway. If you approve it as a private road, that's fine, they have no comment concerning that. They would be happy to allow that to happen, but they do not want public road access. ACHD would support a public road that stubs off of the stub street within Bear Creek that provides no access to Highway 69. Idaho Transportation Department has submitted a letter and I have talked with the staff that submitted the letter stating that that is an unrestricted access into that subdivision from State Highway 69. It is not limited by use or the type of construction that's on that site it's an unrestricted access off of State Highway 69 onto the property. Ada County Highway District staff and the applicant would all like directions from you at some point to say which direction you, would like the applicant to take, whether he takes access as a private road from State Highway 69 or from Bear Creek off of the existing stub street. De Weerd: Mr: Mayor? Corrie: Mrs. de Weerd. De Weerd: David, in those conversations it says does this subdivision -- will it also be sharing access with the church -- with the church property? McKinnon: Councilwoman de Weerd, it would share access with the church, either when it's approved with the stub street from Bear Creek or if it were approved with the access from State Highway 69, it would still have a shared access with the church. There is a small commercial portion of the property that has access to State Highway 69 that ACHD would approve for them to take access as a shared access with the church, so there will be an access point on State Highway 69 for the church and for the commercial property that's been proposed in Kodiak. They just don't want the access of all the residential units to be going out onto State Highway 69. De Weerd: Since it's too late to really talk frontage road in that area, it's not too late to consider still having connectivity where Kodiak would have access' into -- or stub a street into tt}e church's property that they could run through that could eventually connect it at a more appropriate place on that state highway. If not even to run that road not as a frontage, but maybe down the property line, you know, on the west side of them, similar to what a frontage road would do, but you would have property in between or development in between. Has that been discussed? McKinnon: At the time that Bear Creek was approved and the annexation for the church, there was a great deal of discussion as to where the appropriate location of the stub street should be. At the time of the annexation of the Kodiak piece of property the Meridian City Council Meeting April 16, 2002 Page 10 only stub street to access to that was an existing stub street that was approved with Bear Creek. As far as a frontage road that would run concurrent through that, which would provide access at a location that would be south of the existing location, proposed location, I don't believe that Ada County Highway District would be in support of that at this time either. The actual halfway point is a half-mile section, which is where you would usually find a collector road, is right where Kodiak exits right now. That's where you would find the standard collector where Kodiak is at this time. ACHD's concern is just the volume of traffic with residential units going out onto State Highway 69. We have addressed that in the Elk Run Subdivision, which is just to the north of this property. They are actually putting a signal in at that location. As far as a frontage road to the south of the proposed development, that's not an option that we have spent much time with. De Weerd: And the signalization at Elk Run kind of goes contrary to where policy is at every half mile. McKinnon: Absolutely. Yes but I see them bending at that point, I don't see that they would be excited to do 'something similar further down before you get to Victory. De Weerd: Well, once you get the traffic light off of the exit, we are going to have three stop lights within 'Iess than, what, a half mile of each other. That just doesn't make any sense. McKinnon: I would like to have the opportunity to probably look at the Development Agreement that was signed when the church property was annexed to determine if that's something that we could even revisit with the Development Agreement. We have already gone into a contract or Development Agreement with the church when we annexed their property for them to be able to develop it in a certain manner. To go back and change that would mean we have to change a contract with them in order to force a frontage road along that location. If legal wants to jump in and help me out on that, if I'm inaccurate in that, I'd appreciate it. I didn't see him nodding, so -- Johnson: Mayor and Council, I must confess I'm not familiar with the background as is presented in these three items of business and so I'm not quite certain how to respond, other than the agreement with that church could be modified. Of course, you would need the consent, approval of the other contracting party to get that done: McKinnon: O.kay. Thank you. Corrie: Any further discussion? Bird: Mr. Mayor? Corrie: Mr. Bird. Meridian City Council Meeting April 16, 2002 Page 11 Bird: We are back into square one where we were to start with and I can't believe that ITD has put a light at Elk Run within -- that isn't even a quarter of a mile from the existing light. I like Councilwoman de Weerd's idea of seeing if we could get with the church and see if we could come up and get their exit a little farther south of what is shown now and get some lights there and that would be about a half mile -- maybe not - - maybe a little over a half mile -- McKinnon: It was a half-mile. Bird: -- and get some lights there and, in the same token, we could use this development to come out there, too. I do not like running all that -- this Kodiak Development out through Bear Creek. I mean I just -- I just think that is -- because all you're going to do is the way they have got the street stubbed in is they are either going to go through Elk Run or they are going out on Stoddard and then come up and hit Overland or go to Victory. I just think it would be smart if we could figure out a way to get some lights there to have to Elk Run. I mean if we can't put one at Elk Run, then one up there would be way too close, you would have four stoplights within a mile. I don't know. I don't thihk we are -- I don't think we have come an awful long way from what we originally voted for. I don't see any changes at all. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I guess I do understand in the applicant's letter of March 5th some of the issues or questions that he raises. I just don't think we have enough information. Maybe -- I just don't know if we have enough information, because of some of the issues that have been discussed and raised since we originally made the motion to really be able to act on this with good conscience. I don't know. Did the letter raise any red flags for anyone else or any questions -- or maybe even answers to what he brings up? Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I guess I don't have a clear recollection. We don't have that on our information correct, the l\.1arch 5th letter? That was -- Bird: Yes, we do. Nary: Okay. De Weerd: I don't know, I'm kind of getting used to seeing it on our agenda. If we postpone it or table it for another meeting that maybe some of these questions can be answered and other suggestions explored. I'm not ready to dump this subdivision into Meridian City Council Meeting April 16, 2002 Page 12 Bear Creek and I don't know how much conversation has been made as far as looking to stubbing to the south and talking with the church. Does this have potential, especially when the church develops, of dumping a large number of cars back into that roadway without signalization? I would like to have a clear picture as to what's being planned there than what we have right now. Corrie: I guess what the church is going to do and what he wants to do is quite a time difference, so I don't know if that would help or not, but-- De Weerd: Mr. Mayor? Corrie: Yes. De Weerd: I guess it's more in providing the stub to the south so that something could happen, if that is a viable alternative. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I guess the one thing, Councilwoman de Weerd, that concerns me and] don't -- I guess it doesn't matter that much to me if we want to set it over, but we are going to use the March 5th letter as part of the reason for setting this matter over. The Public Hearing was closed at the end of the hearing on February 19th and now we would be using some other new information that the other parties have -- or that were addressed in that don't have an opportunity to respond to, as a basis to set the matter over again. Again, I guess it really doesn't matter to me, I guess, you know, at some point we have to have some closure here and what we have got right now is a denial. Part of the reason that it appears that we have been sort of stuck on this is we aren't very comfortable with the design of this particular project. Because of the location, because of the size of what's there, it seems -- my recollection from February was that part of the design problem is the applicant's problem and they haven't had a real desire to redesign it to a significant degree. So, by denying it, it leaves them two options. They can appeal it and request a court to remand it back to us and the Planning and Zoning Commission to look at it again as it's currently designed and that we somehow misapplied the ordinances that are applicable to this or the court would agree that we have applied them properly and they'll have to redesign it. I mean if you want to have another hearing, that's fine, but I think if we do we have to have another Public Hearing, because we would want the other parties to have the opportunity to respond to this letter of March 5th. You know, to me I guess at some point we have got to either -- to decide what we are going to do and I don't know -- at least my perception from seeing this is I don't know whether or not -- no matter what we do, someone is going to appeal it anyway. It appears we have made one decision and I don't care if we want to revisit it, but it if we do we probably need to as a Public Hearing. De Weerd: Mr. Mayor? Meridian City CDuncil Meeting April 16, 2002 Page 13 Corrie: Mrs. de Weerd. De Weerd: I would be in agreement that if we were to reconsider -- or consider any other options to this plat it would have to be opened up. I guess that was the dialogue that staff was going to have and -- with ITD and ACHD and that's why we continued it this long -- Nary: Sure. De Weerd: -- to get those answers to see if there is a way to address some of the transportation issues, because it was asked for us to reconsider, which started this tabling from meeting to meeting, so-- Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Maybe I could ask -- Mr. McKinnon, I think you were at that particular meeting with these different parties. Now my impression would be we were discussing this and requesting that meeting to occur and ACHD was in agreement with, was for the parties to attempt to work out some compromise. Was that anything of the tenor of the discussion or was it everybody saying what they wanted and nobody agreed to anything? Was there really a discussion of compromise, an opportunity for changes, or things like that by anybody? McKinnon: There has been talk about compromise. It has been before the ACHD Commission. I know that the applicant has talked with ACHD concerning taking it back in front of the Commission again. I don't believe there is support there for any change from what their stand is, saying they don't want heavy vehicular access to State Highway 69 on one of their roads. That was from Tracy Richardson of ACHD. She felt that support would not be there for that if it came back again in front of the Commission. The understanding I had from the meeting was to figure out and get some concrete answers as to what they could and couldn't do. We had' annexed the property with a Development Agreement that allowed them to develop it with so.me residential standards. He's come to us with some residential -- with some residential designs, according to our old Planned Development Ordinance, which is what we required him to do with our :-- with the Development Agreement that we signed at the time that we annexed the property. His frustration is that he will to do whatever you ask him to do, whether you want that to go on the existing stub street or if you want to make it a private road. I'm sure that the option of allowing the stub street to the south is something that could be worked with, but we are also going with a secondary Development Agreement with the church. The understanding was at the time is that the church would develop that area to the south and to the west as softball. fields and as activity fields. Placing a stub street at that location doesn't seem to make proper sense. A stub street to a softball field doesn't do a whole lot of good. At the same time, a stub street out of Bear Meridian City Council Meeting April 16, 2002 Page 14 Creek into Kodiak that's not utilized is also something that -- from a planner's perspective is something that's rather odd. We do have the church property zoned R-8. In the future, it could be possible that if the church does not decide to build there, the Development Agreement could come back again and they could say we'd like to develop this in some other way. At that time, we could be looking at something with the R-8 zoning adjacent to that, which would require a stub street, we want those neighborhoods to be connected. At the same time, the connection between neighborhoods, which is something, that we want, can only be achieved by connection through Bear Creek at this time. Nary: Thank you. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: You know we got ITD's letter, which is nothing new. ACHD hasn't changed their view at all. You know, 'just like Councilman Nary said, let's act -- either act on it or run it back through and come through another Public Hearing, because we are discussing stuff that should have been discussed in the Public Hearing aspect of it. We have already passed on a denial of it -- I mean I'm not going to change my views unless somebody changes the way they get in and out of there. I don't know about the rest of the Council, but -- so let's act upon it. Why keep putting it off. We keep wanting to get answers and stuff and they don't change. De Weerd: Okay. McCandless: Mr. Mayor? Corrie: Mrs. McCandless. McCandless: I do agree with Mr. Bird that we should do something with it tonight. We have had this in front of us I don't know how many times and I don't see any changes in it all. Corrie: Okay. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I would move that we pass as stated the Findings of Facts and Conclusions of Law for denial of PP 01-016, request for Preliminary Plat approval of 28 building lots and 5 other lots on 5.4 acres in a proposed R-8 zone for the proposed Kodiak Subdivision by Kodiak Development, LLC, with suspension of Rules. Meridian City Council Meeling April 16, 2002 Page 15 McCandless: Second. Corrie: Okay. Motion has been made and seconded. Any further discussion? Hearing none, roll-call vote, Mr. Berg. Roll Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, yea. Corrie: Okay. All ayes. Motion is approved. MOTION CARRIED: ALL AYES Corrie: I'll entertain a motion an Item Number E. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I move that we a'pprove the Findings of Fact and Conclusion of Law for denial of CUP 01-029, request for a Conditional Use Permit for a Planned Unit Development for a private RV storage and reduced lot sizes in an R-8 zone for the proposed Kodiak Subdivision by Kodiak Development, LLC, with suspension of Rules. McCandless: Second. Corrie: Okay. Motion has been made and seconded. Any further discussion? Roll-call vote, Mr. Berg. Roll Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, yea. Corrie: All ayes. Motion is carried. MOTION CARRIED: ALL AYES Corrie: Item F, the Variance. Bird: Mr. Mayor? Corrie: Mr. Bi.rd. Bird: I move that we approve the Findings of Fact and Conclusions Law for denial on the Variance 01-019, request for a Variance to exceed 1,000 feet maximum length requirement and to allow the public road being proposed to exceed 450 feet maximum length requirement in an R-8 zone for Kodiak Subdivision by Kodiak Development, LLC, with suspension of Rules. McCandless: Second. Meridian City Council Meeting April 16, 2002 Page 16 Corrie: Okay. Motion has been made and seconded. Further discussion? Hearing none, roll-call vote, Berg. Roll Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, yea. Corrie: All ayes. Motion is carried. MOTION CARRIED: ALL AYES Corrie: Let the record show that the Chair agrees with you 100 percent. Bird: Thank you. Item 6: Ordinance No. : Special Police Ordinance Corrie: Okay. Item NUl"l)ber 6 is an ordinance. Ordinance Number 02-948. It's a Special Police Ordinance and I will ask the City Clerk to read that ordinance by title only at this time. Berg: Thank you, Mr. Mayor, Members of the Council. Ordinance Number 02-948, an ordinance of the City of Meridian amending Title 6, Chapter 1 -- Section 6 of Chapter 1, Title 6, Meridian City Code of the City of Meridian providing for special police for the Meridian Police Department relating to appointment and assignments and providing an effective date. Corrie: Okay. You have heard the reading of Ordinance Number 02-948 by Title only. Is there anyone from the audience who would like to have the ordinance read in its entirety? Okay. Hearing none, Council, I'll entertain a motion on Ordinance 02-948, Special Police Ordinance. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Just so the record is clear, but basically I think this is sort of a precursor to some other things that are going to be coming forth before us in the. future regarding cooperative ~greements with other agencies and the like and to be able tb have different agencies assist in responding to problems that may occur, would that be fair, Chief? Worley: Mr. Nary, Mr. Mayor, and Council, that's correct. Also, this is actually just a reinstatement of former Ordinance 01-807, which was -- all the language has been cleaned up by legal somewhat. That ordinance was inadvertently left out in the re- codification of 2000, so we are really not doing anything new here, we are just putting something back in that was left out. Meridian City Council Meeting April 16, 2002 Page 17 Corrie: Okay. Any further discussion? Hearing none, roll-call vote, Mr. Berg. Nary: I don't think we had a motion. Corrie: We don't have a motion? Oh, I'm sorry. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I would move the approval of Ordinance Number 02-948, the Special Police Ordinance, with suspension of the rules to allow passage-- McCandless: Second. Corrie: Okay. Motion ~nd second for approval of the Special Police Ordinance. Further discussion? Roll-call vote, Mr. Berg. Roll Call: Mc.ca~dless, aye; Nary, aye; de Weerd, aye; Bird, yea. Corrie: Okay. All ayes. Motion carried. MOTION CARRIED: ALL AYES Item 7: TE 02-002: Request for a one year Time Extension of the Preliminary Plat approval for Locust Grove Place by B & A Engineers - southwest corner of South Locust Grove Road and East Franklin Road: Corrie: Item Number 7. This is a request for a one-year Time Extension of the Preliminary Plat approval for Locust Grove Place by B&A Engineers, southwest corner of South Locust Grove Road and Franklin -- East Franklin Road. Staff? McKinnon: Mr. Mayor, Members of the Council, if I was able to use my overhead I could point out to you that the subject site is not exactly on the corner of Locust Grove and Fairview Avenue. It's approximately a quarter mile south of Fairvi"ew Road. It's directly behind the Intermountain Arms Subdivision -- Intermountain Arms retail building and the automotive wrecking yard that's located on the corner. of Locust Grove and Fairview Avenue. The project was approved as 180 apartment units on the site. Staff has no objection to the time extension. The requested reason for the time extension was to -- for the applicant to have an opportunity to secure financing in this market. I would ask if there are any questions. Corrie: Any questions, Council? De Weerd: Mr. Mayor? Meridian City Council Meeting April 16, 2002 Page 18 Corrie: Ms. de Weerd. De Weerd: David, do they want an extension for a year or is six months sufficient? McKinnon: I believe it's a one-year extension request. De Weerd: All right. Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I move we approve the request for a one year Time Extension of the Preliminary Plat of Locust Grove Place by B&A Engineers to one year from the date of approval. McCandless: Second. Corrie: Motion has been made and seconded to approve the one-year Time Extension for the Preliminary Plat for Locust Grove Place. Any further discussion? Hearing none, all those in favor .of the motion say aye. Opposed no? Motion is carried. MOTION CARRIED: ALL AYES. Item 8. Public Hearing: M102-003 Request for modification of the development agreement for the Amended Magic View Subdivision by Magic View Partners to allow a drive-through restaurant on the southeastern parcel: northeast corner of Magic View and Allen Street: Item 9. Continued Public Hearing from April 2, 2002: CUP 01-045 Request for a Conditional Use Permit for a 1743 square foot Sandwich Shop with a drive-thru window in an L-O zone for Subway by Blaine & Cynthia Jacobson - Northeast corner of Magic View and South Allen Street: Corrie: Item 8 is a Public Hearing request for modification of the Development Agreement for the amended Magic View Subdivision by Magic View Partners to allow a drive-thru restaurant on the southeastern parcel northeast corner of Magic View and Allen Street. At this time, I will open the Public Hearing on the request for modification of the Development Agreement and have staff comments first. McKinnon: Thank you, Mr. Mayor, Members of the Council. When we approved Magic View Subdivision originally with the annexation, the property was approved with the Development Agreement that stated that only office uses and an ancillary restaurant would be allowed to be developed on this property. The definition that staff has come up with, with an ancillary restaurant is a restaurant that's attached to a building with the intended purpose to serve those people that are in the building or surrounding buildings. In order to allow the Subway restaurant with a drive-thru we need to modify the Meridian City Council Meeting April 16, 2002 Page 19 Development Agreement to allow a drive-thru restaurant to take place at this location or to develop at this location. If there are any questions from Council, I will entertain them at this time. Bird: I have none at this time. Corrie: This is a Public Hearing. See if we have anyone signed up for this. Nobody signed up. Okay. Is there anyone from the public that would like to issue testimony in favor of this request? Okay. Is there anyone who would like to issue testimony not in favor of this request? Okay. Hearing none -- [ forgot to ask if a representative of the developer was here. I'm sorry. I got my cart before the horse twice tonight. Too much vacation, I guess. Raise your right hand. Is the testimony you're about to give the truth, the whole truth, and nothing but the truth, so help you God? Larsen: Yes, I do. Corrie: Give you name ans:! address for the record, please. Larsen: Mr. Mayor, Members of the Council, my name is Cornell Larsen. I'm here this evening represe~ting the Magic View Partners on this request. It actually ties into Item Number 9, that's on your agenda and the request if for a drive-in window on the Subway facility that we are proposing on the southeastern lot. I do have some display boards I could put up and go through a short presentation, but, in general, that's our request to allow for that window for Item 9 on your agenda for Subway. Corrie: Council, any questions? Bird: I have none. Corrie: Okay. All right. Thank you. Is there anyone else from the public that wants to issue testimony in rebuttal to what the developer has to say? De Weerd: Mr. Mayor? Corrie: Mrs. De Weerd. De Weerd: It would be appropriate to maybe open Number 9 and hear them both and so that we equid see the presentation. If it's something that we can -- if it's something that we want to consider Number 9, it doesn't make sense to act on Number 8, unless we like Number 9. Corrie: Okay. We have a Continued Public Hearing as Number 9, so I will continue the Public Hearing on Item Number 9 and is there any additional comments from staff on the request for a Conditional Use Permit? Meridian City Council Meeting April 16, 2002 Page 20 McKinnon: Thank you. Mr. Mayor, Members of the Council, if you have any questions concerning this Subway, I hope that you have the site plan in front of you on your laptops. You can see where the location is. It's directly behind the Chevron and kitty- corner from the Texaco on Magic View Drive just off of Eagle Road. At the Public Hearing in front of the Planning and Zoning Commission, no one came in objection to the restaurant or the request. Planning and Zoning has heard it and they have recommended approval. If you have any questions I'll entertain them at this time. Bird: I have none. Corrie: Any questions of Council? Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I just had a one question, David, and maybe it's just my ignorance of reading this site plan, but does the drive-thru lane cross into the entrance to the building? It appears the front of the building is facing -- McKinnon: Councilman Nary, if I can address your comment. I just came up and saw what you had on . your laptop in front of you. ~ Originally the site design of that drive-thru was even more convoluted than what you have in front of you. There is the -- the applicant has resubmitted a new site plan that actually delineates where the drive-thru lane would be. You will hear from the applicant tonight that the majority of the parking is actually to the east of the drive-thru Jane. For a building the size that it is, just over 1 ,700 square feet, it's not a whole lot of sitting area and so they have provided a large amount of parking immediately to the east of the project. The drive-thru lane is located on the north side of the project. There is parking located on the north side. They have changed their site plan to show that there would actually be a 25-foot wide driveway aisles and a nine-foot wide -- a nine-foot wide window pickup aisle. They actually are separated. There would a delineation of some sort, whether thaes paint -- I believe that thaes the direction that they went at the time is just to have paint. People parking in the northern parking lot would have to cross through the drive-thru lane in order to access the door of -- the entrance door, but based on the size of the building we don't see that that would actually be the case. The majority of the parking for the restaurant use is located on the east side of the project. If I had an overall site plan you might be able to see that they do have quite a bit of parking. The rest of the parking is for the site, would be probably utilized by the future office building that would be located there. They far exceed, mor~ than two or three times, the number of required parking spaces for this size of restaurant. Nary: Yes and maybe Mr. Larsen can address that as well. I mean my only concern is that I just don't want another Arby's that the only way to get through the front door is to cross the drive lane. McKinnon: It's actually -- the original plan has been modified to the one we have now where they actually moved one of their entrance doors from the -- I guess it would be Meridian Cily Council Meeting April 16, 2002 Page 21 the west side of the building to the south side of the building to keep people from actually utilizing that parking. Nary: Thank you. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: Has Mr. Larsen got a revised -- Corrie: You have already been sworn in. Your name for the record, please. Larsen: Cornell Larsen. My address is 210 Murray, Garden City. I will just put these boards up on that wall over here. We actually have an old site plan, but we have revised that to show you what we revised from the Planning and Zoning that we went through earlier. Bird: This is a lot like the design of the Subway out here in Fred Meyer's shopping center, isn't it? . Larsen: Yes, it is. Bird: It's just -- except it's reversed, that the drive-thru comes around and comes out. Larsen: Correct. Bird: It comes out there. Larsen: This site is located -- this is Magic View Drive. This is St. Luke's drive that comes around and loops up to the light here at St. Luke's at Eagle and Eagle Road would be out here. There is a McDonald's-Chevron in this area and Texaco in this area. This lot is vacant currently. This is a project done by Winston Moore called Lincoln Plaza. It's an office project and then Mountain West Bank sits right at this location, right -- approximately right in here. The intent of the project was to bring the traffic in through here, allowing this parking for people that would be utilizing the Subway facility, creating a driving lane in this area, and taking it back out here at this west curb cut. This facility right here is the future office building for the Subway franchise for Blaine and Cynthia Jacobson, so they would be building this out in the future and I believe you had that a condition on the staff report that we landscape the perimeter. What we'd really like to do is we don't mind landscaping of the perimeter, but what we'd like to leave this pad site unlandscaped so that we don't tear up all the grass and trees later on to build that facility. The drive-in lane -- this is -- the plan that's on the wall is the one that we presented to the Planning and Zoning Commission. There is a suggestion, I believe, from Commissioner Centers thatwe put a sidewalk interconnect between here, so that people using these other two lots would have the flexibility to come down and walk Meridian City Council Meeting April 16, 2002 Page 22 down to the Subway, as opposed to drive. We did that on the revised plan that we submitted and also that we gave a little more room here so that a vehicle could back out or could pass those cars that might be in the stacking lane for ordering and we were able to shift that and accomplish that. The primary entrance for the Subway customers would be through the east side about right there. There is a secondary entrance about right here that might serve people walking this way down to the -- down along the side of the walk or from up above to the north. That's the entries that Councilman Nary was speaking of. The intent of the project is to, obviously, provide a place for people to eat that are out in that area, people to stop for fuel off the freeway. The owner does feel it's a good location and feels like it would work well for him to have his office building there in the future. That's about alii had. I would be happy to answer any questions. De Weerd: I have none. Bird: I have none. Corrie: Okay. Thank you., Larsen: Thank you. Corrie: Is there anyone in the audience that would like to issue testimony? Okay. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I move we close the Public Hearing for Item Numbers 8 and 9, the MI 02- 003 and CUP 01-045. Bird: Second. Corrie: Okay. Motion has been made and seconded to close the Public Hearing on MI 02-003 and also the Continued Public Hearing closed on CUP 01-045. Further discussion? Hearing none, all those in favor of ~the motion say aye. All Ayes. Motion carried. MOTION CARRIED: ALL AYES Corrie: Discussion? Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I would move that we approve MI 02-003, request for the modification of the Development Agreement for the Amended Magic View Subdivision by Magic View Meridian City Council Meeting April 16, 2002 Page 23 Partners to allow a drive-thru restaurant on the southeastern parcel, northwest corner of Magic View and Allen Street and for the attorney draw up the proper papers. De Weerd: Second. Corrie: Okay. Motion has been made and seconded to approve the request for a modification of the Development Agreement submitted by Magic View Subdivision. Any further discussion? Roll-call vote, Mr. Berg. Roll Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, yea. Corrie: All ayes. Motion is approved. MOTION CARRIED: ALL AYES Corrie: Request for CUP 01-045. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I would move that we approve the Conditional Use Permit 01-045 for the Subway by Blaine and Cynthia Jacobson for a drive-thru window and with the perimeter of the lot landscaped, with it not where the future office building is, and for the attorney to draw up the Findings of Facts and Conclusions of Law and Decision of Order. Nary: Second. Corrie: Motion has been made and seconded. Any further discussion? Hearing none, roll-call vote, Mr. Berg. Roll Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, yea. Corrie: All ayes. Motion is carried. Item 10: Public Hearing: VAR 02-002 Request for variance to' allow existing "Bucket Sign" at the Kentucky Fried Chicken restaurant by King Electric ~igns - 677 S.E. 1st Street: .. . MOTION CARRIED: ALL AYES Corrie: Item Number 10 is a Public Hearing. This is a request for a Variance to allow the existing bucket sign at the Kentucky Fried Chicken restaurant by King Electric Signs, 677 Southeast First Street. At this time I will open the Public Hearing and have staff comments first. Meridian City CDuncil Meeting April 16,2002 Page 24 McKinnon: Thank you, Mr. Mayor and Members of the Council. I know you're all familiar with this, so I won't take very much time. The reason that the existing bucket sign that is located at Kentucky Fried Chicken needs to be brought into compliance or removed from the site is that the new Sign Ordinance states that anytime there is a nonconforming sign that sits on a site that's changed by 25 percent it needs to come down or be brought into compliance. They have already constructed a new building on the site. It does not have occupancy yet, which is more than a 25 percent change of the existing property. The reason that the sign is nonconforming with the applicable sign ordinance is that it's higher than the 35-foot restriction. In addition to that, the pole that is now sitting on top of is not covered in accordance with the Sign Ordinance. Those are the reasons that we have looked at this and we looked at this once before on November 20, 2001, and the City Council denied their Variance request. You have staff report. It has findings from the staff. Staff does not support the Variance request per the staff ordinance -- per the staff, report and I would ask if there are any questions. Corrie: Questions of staff? De Weerd: No. Corrie: Okay.' This is a Public Hearing. Is the applicant here this evening? Is the testimony you're 'about to give the truth, the whole truth, and nothing but the truth, so help you God? Atteberry: It is. Corrie: Name and address, please. Atteberry: It's Phil Atteberry. Address is 677 First Street, Meridian. I represent Kentucky Fried Chicken and I appreciate you hearing this a second time. I know this is the second time we have applied for this Variance and I'll take a minute and tell you where we got to this point right here. After we came in the first time, we sort of accepted that as your decision. Then I had the opportunity to work at the restaurant one evening, on a Friday evening, and customers started coming up to me, about every other customer that night, and saying you really don't have.to take down that bucket, do you? I said, yes, that's what they said. You need to -- I have lived here since I was a little kid and that bucket's always been up there. You should be able to keep that bucket. It was customer after customer after customer after customer. Well, after that we decided -- we talked about it, the manager and myself, and we decided, well, maybe we'll get a petition to see what customers really -- maybe it was just a fluke thing on Friday night. We started a petition and I have those tonight. There has been 2,700 people that signed this petition for us to keep the bucket, saying it's been there -- you're one of the first businesses in Meridian, the bucket's been there for so many years, you ought to be able to keep it. You ought to try and go before the City Council again and present your case. There might be a change so. that's where we are tonight. We are here presenting this before you, hoping that you would reconsider the Variance on the bucket. We have been there for 25 years. The bucket's been up there. We have Meridian City Council Meeting April 16. 2002 Page 25 people we compete with right across the street, McDonald's, and they have a big sign in the sky. The people coming down the freeway, maybe they don't want to pull off for McDonald's, but they might pull off for us, if they could see our bucket. I mean because we are a freeway location. We might not be within the 500 feet that the Variance states, but we are really one of the first businesses you come to when you pull off the freeway. In fact, we are probably closer and easier in access than McDonald's and the other businesses that have their signs up there to gather freeway business and it just makes sense that we are trying to improve our facility, we have had a drive-thru that's been a mess forever. When it gets backed up it backs up in the street and we are trying to change that and make life better at that location. By building a new building and then having to lower our bucket, which is a big part of our business is people pulling off the freeway, it just doesn't seem right. I just would hope that you would reconsider tonight. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: Sir, I have got one question. Does the sign move at all? Does it stay in the same location? Bird: Same location. That was a misunderstanding on my part. What were the plans when you came before us? Atteberry: Just to leave it in the same location. Bird: The same location. That was a misunderstanding on my part. I was thinking it was being moved. Does the other building -- the old building go away or is it put up for lease for something else? Atteberry: I am not the property owner, but the property owner has taken bids to have the building taken down within two to three weeks after we vacate the building. It is a big lot there. I am assuming that he will try to have maybe another business go in there. What type of business I have no idea who he's talking to at this time. Corrie: Anything else? Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Mr. Atteberry, have you contacted the Idaho Transportation Department or the State Transportation Department regarding those blue freeway signs and have your restaurant listed on them? Atteberry: We have not. They do have that available, though. I don't know if they have room for those, but we have not done that at this time. Meridian City Council Meeting April 16, 2002 Page 26 Nary: And if you have it on the freeway signs, it would be more visible access to the freeway, wouldn't it be? Atteberry: It could be. Nary: Do you think the blue freeway sign only could be more visible from the freeway than your bucket sign? Atteberry: Oh, well, people are going to notice that. They are also going to notice the bucket, though. I think the bucket would be a bigger part than the freeway signs. Nary: Is there any reason that you cannot put that bucket at the height limit, the 35 foot limit, on top of the building? Atteberry: Put it on top of the building? Nary: And still be within the 35 feet. Atteberry: I don't know. That would be something that would have to be investigated. McKinnon: Mr. Mayor, Members of the Council, our Sign Ordinance prohibits the roof signs. Nary: Okay. So it would have to be on some structure adjacent. McKinnon: On a structure adjacent to the building. Nary: Okay. I noticed in your letter of March 12th and your application for this Variance, you indicated that this only -- this only applies to your business, because one of the things you're asking is if we grant the Variance is to extend the freeway distance from the 300 foot mark to whatever your business is. How far is your business from the freeway? Atteberry: I don't know that exactly. Nary: So what would then prevent the business immediately adjacent -- there is- a Taco Bell. Atteberry: Correct. Nary: What would you prevent them from wanting a 60 foot sign in their business and extending it another 10 feet to their business? Meridian City Council Meeting April 16, 2002 Page 27 Atteberry: Well, I don't know what would prevent them from that, but the Taco Bell requesting a sign at 60 feet, which they have never had a sign at 60 feet, is a totally different issue, in my opinion. Nary: Not if it's a Variance it isn't. Atteberry: Well, Taco Bell has not been in the City of Meridian for 25 years. I mean we are -- there are two different issues here. We have been in business for 25 years in that location. We are building a better facility that would better serve the community with a drive-thru, better functional traffic, and all that, and because we are doing that we have to lower the existing sign. Nary: Now at the time when you requested -- when this business requested the new building, at the time were you told that by having the new building that the sign would no longer be in conformance and the sign would have to be change? Atteberry: At that time ,they said we would have to conform with the new Sign Ordinance. Nary: Right so at the time that this application was even brought forward the property owner knew that part of the result of making that change would result in this change with the sign correct? Atteberry: That was a possibility, yes. Nary: What about the ordinance -- and that's cited in the staff report, the City Code, 11- 18-1 regarding Variances, and it has specific findings that we have to find for granting a Variance. What of those specific findings, can you present to us as the reason to grant the Variance? Atteberry: Well, the one that I think best applies to that -- that strict compliance with the requirements of this title would result in extraordinary hardship to the owner. Nary: Okay. Now hardship beyond -- it says -- it goes on to say hardship because of the topography, nature, and condition of the adjacent development, other physical conditions or other conditions. In your application it appears to me that the hardship was a monetary issue, not an issue regarding topography or the natLlre or condition of adjacent devE?lopment or physical conditions that make strict compliance unreasonable. Atteberry: That's true. Nary: So it's only a monetary issue that concerns the property. Atteberry: That's correct. Meridian City Council Meeting April 16, 2002 Page 28 Nary: But we have to tind all tour of these. The other three -- there isn't anything you have that applies to those? Atteberry: No. Nary: Do you have any data to show that -- for example, I believe there is a -- one of these restaurants on Overland, there is a KFC/A&W, I noticed one similar to what this is, is that correct? Atteberry: That's correct. Nary: Do you have any data how the sales have changed since you -- since that restaurant has gone into business? It doesn't have a sign that's visible to the freeway in any direction. Atteberry: That's correct. Nary: Any change at all to'that since it's been remodeled in its business? Did business improve? Atteberry: Well, fhe one on Overland has always just been existing business. Nary: Correct. Has business improved since you have added the new type of selection opportunity there? Atteberry: Oh, since we added A&W? Nary: Yes. Atteberry: Oh, yes. Nary: So the potential of it having -- of improving the business anyway just simply by adding A&W is certainly a possibility, even without that sign. Atteberry: And that's true. We will definitely do more business, because, one, we have a new building and, number two we are adding a second concept. That's true. Nary: Proba~ly three, even improving the drive-thru system to be accessible to the -- Atteberry: All those things will improve our business. Nary: How tall is the sign now? Atteberry: I believe it's 65 feet. Meridian City Council Meeting April 16, 2002 Page 29 Nary: Sixty-five feet? Do you have any data to show that lowering it 30 feet is going to have a significant impact at all, other than a perception that it is? Atteberry: No, I do not. Nary: Okay. Thank you. Corrie: Any other questions? Okay. Thank you, Phil. We have one, two, three, four people signed up that are for the project. The first is Sally Norton. Is the testimony you're about to give the truth, the whole truth, and nothing but the truth, so help you God? Norton: I do. Corrie: Thank you. Name and address, please, for the record. Norton: My name is Sally Norton. I reside at 638 Lawndale Drive in Meridian, Idaho, and I have been a resident of Meridian for 20 years. I'm a former member of the Meridian Planning and Zoning Commission and I served from December of 1999 through January 2002. I served with Bill Nary and we were both on the Planning and Zoning Commiss'ion on September the 20th when the Planning and Zoning Commission unanimously approved that KFC project and that included keeping the 50-foot bucket. In fact, we discussed among ourselves and with the audience late that night that it was an icon for the City of Meridian. It's been there for many years, and Bill Nary commented that he remembered when it used to turn. It has been here a long time. I would request the City Council approve the Variance based on the following reasons. As Planning and Zoning Commissioners we did get this local planning act and in there -- one of the workshops that we were asked to go to -- is regarding Variances. Usually variances are determined by Planning and Zoning Commissions. That's not the cases in the City of Meridian but on the specific issues, Mr. Nary had asked regarding the specific points considering the undue hardship on the characteristic of the site. I would differ with the Planning and Zoning Department and I do feel that it is -- that this particular site has a very un -- is a very unique characteristic of the way it is. It's a triangle. It has a lot of traffic on either side of it. ~ I pass that KFC twice a day on my way to work and on my way home from work. Sometimes I go on one side of it and sometimes I go on the other side of it, depending on the traffic light. KFC has always been a problem, particularly lately the past two or three years on their drive-thru. If you get there at 5.:00 in the afternoon you can't even get in there or Taco Bell; because it's a mess and KFC has redesigned that. The drive-thru, as you notice, probably can stack seven or eight cars around the drive-thru the way they have it now. It gets people off the street. It would prevent accidents. I think KFC is being a friendly neighbor to the City of Meridian. Yes, they might make more business, so that's why you're in business. They have also improved that drive-thru quite a bit, so, you don't have these cars sticking out and I think it would behoove the City of Meridian to be a good neighbor to KFC and let them keep their bucket. The other -- the other stipulation is does it conflict with public interest. Is it a problem of public interest or the neighbors? I see Meridian City Council Meeting April 16, 2002 Page 30 that there is no conflict with public interest. At this point, I haven't heard anybody who said that -- how many people were for it and one person against it? Mayor Corrie? Corrie: 2,500 was the figure that -- Norton: 2,700 people for it and you have one person testifying tonight against the Variance? Corrie: I don't have anybody against it. Norton: Oh, no one's against it. Okay. The neighbors, apparently, let's say Taco Bell, the new Wendy's, haven't come here tonight to testify against it. It attracts highway business. You can see it from the highway. It is not in the 1-84 exposure of the 300 feet, but there is a McDonald's right next door, they have a large sign that went in through a CUP. Also the new Chevron sign over an Eagle, somehow they made it in. They were -- Planning and Zoning was against that sign and City Council did approve the second Chevron sign, so now they have two big signs, and the lights shine in the neighbor's backyards, .where this KFC sign there are no neighbors for those lights to shine in. I feel that it would be a friendly gesture -- in fact, before I came here tonight my husband sa'idever since I have learned that you are going to go talk to City Council about your vote -~ and I did make the motion to approve that at the Planning and Zoning -- that City Council is considering taking that KFC bucket down. He said I have been looking at that twice a day as I go to work and he said it would a shame to lose that. He says it's a landmark and it would be a shame and expensive to the business for them to have to take that down. Are there any questions? Corrie: I don't have any questions. I guess with all due respect, you haven't given us any reason to not take it down, other than emotion. We read you about the compliance with an ordinance. We haven't -- as you well know, we have to go by what the ordinance says and we can't do a Variance, but so far, we haven't heard anything that would justify a Variance, so -- Norton: Right. Excuse me, Mr. Mayor. Corrie: Go ahead. Please. Norton: I do feel that the Variance would be based on the difficult site that KFC had to work with, th~ corner site. That particular property is unique because it's in a small corner surrounded by busy streets. In my opinion, I feel the topography, if you will, is a very unique building site. They have placed the building so the drive-thru has a enough stacking that the cars do not get in the way of traffic on either side of that road. So that is my opinion. Corrie: Okay. Any other questions? Bird: I have none, Mayor. Meridian City Council Meeting April 16, 2002 Page 31 Norton: Thank you. Corrie: We have here a Denny -- I'm sorry, I can't read the last name. Okay. And Jerry -- I'm sorry, I -- okay. And -- both of you? Is there anyone else from the public that would like to issue testimony tonight? Okay. Has the developer got anything that they would like to -- there is no rebuttal, I don't think, that you haven't -- all you had before. Okay. Council, questions for the Public Hearing? Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: A question for Dave. Dave, is there anything in the ordinance that prohibits that sign from being in a different location on the site? McKinnon: Location, no. There is plenty of room on the site where they could move the sign. However, the hei"ght 'of the sign and the pole would have to be modified in order to meet the standards. Nary: Right. If It was a 35-foot sign on a modified pole, I think there was a covering issue on the pole, but if it was a 35-foot sign on a different location closer to the corner that would not be prohibited by our Sign Ordinance correct? McKinnon: There are some setback requirements, but I believe the site is large enough that it would support the movement of that sign to that location. Nary: And there is no -- there is nothing in our ordinance that prohibits the shape, the unique shape of the bucket? McKinnon: That's right. There is nothing -- Nary: There is nothing that prohibits that. McKinnon: That's correct. Nary: Now could you maybe explain, just so I'm clear, the reason -- the difference that we see a lot of information in what we have here, as well as elsewhere, about the other signs. You know, there is a reference in here about McDonald's. In" the application there is a reference I think about the Chevron sign at Eagle Road. Could you explain so our record is clear as to why is that different? McKinnon: I will sure try. The McDonald's sign and the Chevron sign both were approved prior to the adoption of the new Sign Ordinance. I have done some research into the McDonald's sign, which was, as former Commissioner Norton stated, that it was approved through the Conditional Use Permit process and it was approved by Planning Meridian City Council Meeling April 16, 2002 Page 32 and Zoning Commission and Council at that time to allow that sign on Meridian Road to be that height. I believe -- I haven't actually put a date to it. I haven't had the opportunity to do it, if it actually falls within the 1-84 overlay zone, and if does it would be allowed to have that height if it was approved. As far as the Chevron sign and the McDonald's sign at Chevron, I would have to plead that I don't know enough about that. I haven't done enough research on that. I was not here and I have looked at it, but without refreshing my memory with an opportunity to look at it again I wouldn't be able to give you any testimony that I would be able to feel comfortable with. I would -- Nary: So the bottom line is McDonald's is just in a different location and the rules -- the ordinance that applies to that is a different one? McKinnon: Both of those signs -- let me reiterate that again. This Sign Ordinance that we have in front of us now was not adopted at the time that both of those signs were approved. We were dealing with a different issue at a different time. Nary: But if McDonald's "Yere to amend -- or change their building and their lot more than 25 percent, does this height restriction apply to them or -- because they are in a different -- if they are in the 1-84 zone it's just different than -- McKinnon: It would be just different if it were in the 1-84 zone. Nary: Thank you. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: Council Member Nary, having been on Planning and Zoning and Council when some of those came through and on the Sign Ordinance Committee, I could speak to some of that. The Chevron sign was approved because we didn't have a Sign Ordinance to really fall back on. The threat of it coming back, which it did, when it was first denied, expedited some of the Sign Ordinance Committee's determination to get a Sign Ordinance in place, so that these issues wouldn't. continue to come up and we would have something to fall back on. Unfortunately, the Sign Ordinance wasn't put in place before that application came back. That's a little history on that. The sign Ordinance Committee was -- represented a number of businesses and residents from the community and their concerns were some of these higher signs and what it did to the skyline. You know, the visual overload. I also recall during the Public Hearings for the Chevron sign is that the freeway signs -- and it's -- I don't know if you remember, Keith or Shari, they stated -- they talked about the significance of having them on the blue highway signs versus in the skyline. It seemed to me like the highway sign had as much, if not more affect than certainly anything that's on -- in the sky. A lot of these were items that, again, the Sign Ordinance Committee also brought into the deliberation and I think it was also a part of the City Council reasons originally in denying this. It's not don't get rid of the bucket, it's just lower the bucket and cover the pole. You know, Meridian City Council Meeting April 16, 2002 Page 33 we don't want to rid Meridian of an icon or a landmark, it's just it needs to be a little bit lower in the sky and, you know, I know my kids totally appreciate your business and we have utilized it for many years and that bucket means something to them, too. It's just when we took the -- when we denied this the first time, we had to also think of the integrity of our ordinance and what the desires of the committee, the public process that that ordinance went through, and we could not see a reason that fall within not adhering to our ordinance or what we could even base an approval on as far as a variance with. So that's what background I can provide and, you know, I will stop there. Corrie: Anyone else? Okay. I'll entertain a motion to close the Public Hearing. Nary: I move to close the Public Hearing, Mr. Mayor, on VAR 02-002. McCandless: Second. Corrie: Motion has been made and seconded to close the Public Hearing for Variance request for 02-002. Further discussion? All those in favor of the motion say aye. Opposed no? All ayes: Motion carried. MOTION CARRIED: ALL AYES Corrie: Discussion? Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: When this first come before us I was under the impression that the sign was moving. Mr. Atteberry testified that it is not moving at this time. It is not moving and that was my -- not that we don't need to stick to our ordinance, but they do have a legitimate deal. That was the reason I voted against the Variance the first time, was because if you move it, then you got to finish it and do something to get it back, just like any other building, when you start to remodel a building you bring it up to code. I've got some real -- I'd like to know what they are going to do with that other building. I have got some real concerns if they plan on occupying that other building with their parking and the way their -- their drive-thru, I think that -- I think the drive-thru solved getting out on Meridian Street or Main Street. I don't think it has really solved the problem getting through the lot especially getting another business in there that's going to require parking. Thaf's alii have got to say. ] have no problem -- as long as they donit move it I have no problem of making them redo it and I was under the understanding the first time that they were going to move it. Nary: Mr. Mayor? Corrie: Mr. Nary. Meridian City Council Meeting April 16, 2002 Page 34 Nary: As I have the enviable position of being quoted in their application to do this, being part of the Planning and Zoning Commission at the time, as well as being quoted since then on the issue, I guess I have a different perspective of this. I guess I looked at those petitions, I do appreciate the efforts that they have gone to, and the people that signed them, but every one of those people say save the bucket. It has nothing to do with the bucket. They can have that bucket there for the rest of time, it's just they can't have it 60 feet high. That is the only thing we are really deciding is the height of the bucket. I don't know how many people that signed the petition really understood that, because I don't know that most people understand that. They drive by it and see the banner on that street that says save the bucket and my perception is people think that that's what this is about and it has nothing to do with that. They can have that bucket like that for as long as they want to, but it's a compliance issue. The issue of compliance is the height. As I stated earlier in asking Mr. Atteberry, we have a specific requirement that's in our code that we have to follow to grant such a Variance, each one of these we have to find and I just can't find that. I can't find in good conscience that there is anything impractical or unreasonable in being forced to comply with the first requirement. I can't see that strict compliance is a hardship, because of the topography of the site, because that site can make it move the pole to another location on the site. It's just the height issue as to whether or not the pole can be that high, under C of this -- of this City Code it says granting will not be detrimental to the public welfare or injurious to other property. The issue of the public welfare I think is what's Council Member de Weerd talked about. We have an ordinance here and we have to be adherent to that. We have requirements we have to meet. I do believe the reason that there probably isn't a lot of concern from the other property owners is they'd like to have bigger signs, too. The whole reason we have the ordinance is to eliminate some of that skyline clutter and that's the purpose of doing that. The last one says will not affect the ulterior interest and purpose of the Meridian Comprehensive Plan. I don't think it -- I don't see that as a particular issue, but that's the only one that's of no significant issue. I think the rest of them I just can't find that we have any evidence in which to bring that. They can keep the bucket it just can't be higher than 35 feet high. McCandless: Mr. Mayor? Corrie: Mrs. McCandless. McCandless: Like Mr. Nary said, they can keep the bucket. My husband and I recently took a trip and when it came time to stop we weren't looking for highway signs, we were looking at the blue signs on the freeway telling us which restaurants were where and that made our decision where we were going to stop. I don't see that that -- I do recommend that you put your name out there on those blue signs if you can get it on, but I don't see where you're going to get so much added business because you can't see the sign from the freeway. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. Meridian City Council Meeting April 16, 2002 Page 35 De Weerd: I guess I'll leave my -- add my two cents as well. I think one of the things that our Council struggles with is being consistent and that we abide by our own ordinances and we make decisions within the guidelines of our ordinances, be it the Sign Ordinance or the Variance Ordinance. When we do get attacked, it's because we are not consistent, we are arbitrary, and so we try and be very conscientious to those things. As much as sometimes I'd rather do something else, that is what we, as the elected officials, stand to. The ordinances go through a public democratic process through the Public Hearings and it gives our public a chance to comment on particular policies that we are going to implement into our community and if they like it or not. [ guess we need to adhere to own rules and don't move the bucket, just bring it down a little. I guess with that said [ will go ahead and make a motion, because otherwise, we might sit up here for five minutes. I will move that we deny the Variance request 02-002 for the bucket sign at Kentucky Fried Chicken and to recommend lowering it to the ordinance recommended height and covering the pole. Also the attorney to draw up the Findings of Facts and Conclusions of Law and Decision of Order and to include all staff comments. Nary: Could I ask for one thing? Corrie: If you make it a second you can. Nary: Second. Corrie: Okay. Mr. Nary. Nary: Mrs. de Weerd, there was something in the staff report that wasn't talked about and that was the only thing, [ guess, I had concern with and did not want it to be included in the Decision of Order was that the -- that there be something that the applicant could not request this again. Because we don't have an ordinance, that prohibits that and it may be somewhat cumbersome to have to do that. Since we don't have any objection, I certainly wouldn't want to see that as part of the Findings of Fact. J think without the ordinance backing that up we don't have a way to prevent that but other than -- but they have certain time limits to change the~sign. De Weerd: I would agree with you to leaving that as a staff recommendation or into our Sign Ordinance. Nary: Thank you. With that I'll second. Corrie: Any further discussion? Okay. Mr. -- or roll call vote, please. Roll Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, yea. Corrie: All ayes. Motion is approved to deny the Variance request. Meridian City Council Meeting April 16, 2002 Page 36 MOTION CARRIED: ALL AYES Item 11: Public Hearing: CUP 02~003 Request for a Conditional Use Permit to add one to two additional children after school in existing Family Home Daycare in an R-8 zone for Christina Floyd by Christina Floyd - 567 East Brown Bear Street Corrie: Item Number 11 is a Public Hearing, request for a Conditional Use Permit to add one or two additional children after school in an existing family home day-care in an R-8 zone for Christina Floyd by Christina Floyd, 567 East Brown Bear Street. I will open the Public Hearing and ask staff comments first. McKinnon: Thank you, Mr. Mayor and Members of the Council. The applicant Christina Floyd owns the home at 567 East Brown Bear. It's located approximately 2,000 feet west of Meridian Road and about a half a mile north of Cherry Lane, its approximate location. The applicant has requested for one to two additional children. The Planning and Zoning Commission made a recommendation to allow up to seven. The application that she requested woLild have allowed for up to 12, but they placed a limit based on the request of the applicant to seven children. She had been running a childcare out of her home for up to'fiVe children. Staff has not received any complaints, has -- in reflection of childcare not being well taken care of at that location. Staff is in support of the applicant'S request and asks if there are any questions. Corrie: Questions from staff? Is the applicant here this evening? Is the testimony you're about to give the truth, the whole truth, and nothing but the truth, so help you God? Floyd: Yes. Corrie: Name and address, please. Floyd: Pardon? Corrie: Name and address, please. Floyd: My name is Christina Floyd. I live at 567 East Brown Bear Street in Meridian. Corrie: Thank you. Anything you want to tell the Council, other than yoU'd like to have the -- to add tWo additional children to your permit? Floyd: No. It's just that my own two children are going to be in school all day next fall and basically to -- so I could watch one to two children while they are at school. They overlap when they are at home and I guess to be within the guidelines -- Corrie: Okay. Any questions from Council? Meridian City Council Meeting April 16, 2002 Page 37 Bird: I have none. Corrie. Okay. Thank you. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Yes. Mr. Mayor. Does Conditional Use have a restriction -- this is not an Accessory Use, it's a Conditional Use? Floyd: Conditional. Nary: Okay and it has a limitation on the children and it applies to your own children? Floyd: Yes. It includes my own children. McKinnon: That's by ordinance. Nary: An Accessory Use does not, that's why I'm asking. McKinnon: Accessory Use does as well. Any child under the age of 14 is included as part of that. That's part of the Accessory Use. Nary: If it's not there with the parent in the residence? McKinnon: No. It's children -- their own children. Give me one second. Nary: Okay. Mrs. Floyd, your two children will be there and that's the concern of yours, you're two children it does apply to, would that be correct? Floyd: Yes. McKinnon: Councilman Nary, if I may, the definition for childcare facility includes three different definitions under Section 11-22 of the Meridian City Code, wh!ch is a family childcare home, childcare home, childcare center, and underneath all those definitions the statement is made as follows. It should be noted that in determining the -type of childcare facility that is being operated, the total number of children cared for during the day and not at the facility at anyone time, is determinative. Before that it says, any home structure place where non-medical care, protection, supervision is regularly provided to children under 14 years of age that is less than 24 hours while the parents or guardian is not on the premises -- according to Shari that includes your own children. Nary: How could that possibly be? I mean this says clearly in the preamble that it applies to children while their parents are not on the premises, so this lady's children it does not apply to. It only applies to other people's children that she's watching, by the Meridian City Council Meeting April 16, 2002 Page 38 plain reading of those words. There is no other way to apply that. I don't know why she needs this, because it doesn't apply to her. I mean I know Mrs. Stiles isn't here, but we can all read and it says clearly while the parents or guardians are not on the premises and she's the parent, it doesn't apply to her own children, it applies to other people's children. McKinnon: Upon reading of that I totally agree with Councilman Nary. Corrie: Mrs. de Weerd. De Weerd: Just to be fair to David under this cross-examination, I might just provide a little historical background and this is the way that staff has interpreted it. I don't believe it's been challenged. I think that there was a committee that was trying to update our Daycare Ordinance and this is probably something that needs to be addressed by staff in an update to clarify this. In every childcare applications I know of they have always counted the children that are currently residing in the home. Not many of us have felt that it was fair, but that hp.s been the way it's been interpreted. Now it can be read either way, but I do believe that our ordinance needs to be clarified, so that we don't penalize the parents in case the kids do go off to school and they do want to watch the maximum number of kids that they are allowed through our ordinance. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I understand -- I totally understand what you're saying, Mrs. de Weerd, but the -- and however this was applied in the past, I don't want to penalize Mrs. Floyd, but understand it's doesn't -- I don't see that you can do this two ways. This would say that any person that applied for it couldn't operate a daycare if they have two children -- five of their own children. That makes no sense at all. That's not what was intended -- that's not what should be intended by anyone, but applying this to her children just is ridiculous under our ordinance. There isn't any wording here -- that may have been the way it was applied, whether that was a staff decision, whether that was a legal decision I don't know, but I can read the words and the rest of YOD can, too. There aren't two interpretations of that. It's says while parents or guardians are not on. the premises. Her children aren't under this so if the reason we are doing this is to make sure that she can have her own children come home and have other daycare children to take the place of that \(\Ihile they are not there, she doesn't need it. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I don't recall this coming before us before and I agree with Mr. Nary that there is no way to -- for the staff to interpret it. The way that Mr. Nary has interpreted it and I Meridian City Council Meeting April 16, 2002 Page 39 don't recall in the four years, I have sat here that this has ever been an item, but, like Mr. Nary says, if somebody has five children, they can't have a daycare. Nary: Even if there are five to seven children under 17 years old. Bird: This needs to be stricken from staff comments and we need to make sure that it don't happen again, that we just need to watch this more often. Corrie: Council, we don't have to abide by the staff's comments in Council, we can make any decision we want. If you feel that that is what is read, then I would suggest we notify staff that that's not going to be the case anymore and then deal with this one tonight, that she does not need a request for a Conditional Use Permit. McCandless: Mr. Mayor? Corrie: Mrs. McCandless. McCandless: I appreciate'Mrs. Floyd coming in and trying to do the right thing. It's very -- but two wrongs don't make a right, certainly because it's done before. I agree with Mr. Nary, rei3ding it myself, and it doesn't say that you have to include your own children. . Floyd: That's what I have always been told, that I could watch five children -- that's what I'm licensed for to the City of Meridian is to watch five children and they have always said that includes your own. That's why I pled for this. If I can watch seven children, not including my own, then I'll stick with that. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: Under the Health and Welfare -- or whom do you apply for your state-- Floyd: Yes. The license is through the state. De Weerd: And they don't have any distinguishing factors, do they? Floyd: Well, my license says I can watch six children, including my own, but the City of Meridian has "always stated that I could watch five children, including my own. . De Weerd: I think maybe that's where some of the interpretation comes in is because they also include their own children within the limitations. That's how the city kind of did it. I would agree, you know, this is the direction that we want to tell staff and the CUP is immaterial if five is the only number you're asking for. I would even suggest that we reimburse her application fee. Meridian City Council Meeling April 16, 2002 Page 40 Nary: And I would agree. McCandless: I agree. Corrie: Okay. We will hear what anyone else might have to say when we make those decisions. Floyd: Thank you. Corrie: Anything else? Floyd: Thank you. Corrie: Is there anyone else from the public that would like to issue testimony? Okay. Staff, do you have anything else to say? McKinnon: Mr. Mayor, Members of the Council, I can remember when I first started working for the City ot-Meridian and that's the instruction I had was to include those -- the children that were under that age of 14 that lived on the premises. In reading it out loud -- I felt really silly when I read it out loud, because I agree with Councilman Nary -- I keep calling you Commissioner Nary, because that was my first experience -- Councilman Nary. However, I agree and upon your direction I will inform the rest of staff that we are not to include children that reside on the site. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: At least until we change the ordinance. I mean if that's the thinking or if that's the direction that this Council wants to take to change the ordinance, I think that's fine. I just think that the way the ordinance reads really doesn't leave it open to two interpretations. The plain reading clearly doesn't apply and I think it really behooves us if that's the concern that staff has, and then we need to make an ordinance amendment and have a Public Hearing and deal with that. I just don'Ut:link it applies in this scenario to Mrs. Floyd. McKinnon: Just if I might, just one more thing, Councilman Nary. In discussions that I had with Shari concerning this when I first started it was the -- the paragraph I read to you first that .stated that the total number of children cared for during the day was the issue, I believe, that Shari was using to say that that includes the children that reside on the home. Then the paragraph that I read secondary to that was actually the first paragraph regarding children under the age of 14. Nary: I mean I understand what you mean. 0 I understand how that probably the interpretation ended up this way. I just think the language isn't fair to Mrs. Floyd when it really doesn't -- it clearly, by the plain reading, doesn't apply to her. Meridian City Council Meeting April 16, 2002 Page 41 McKinnon: Okay. Nary: You know and jf an ordinance amendment is done, then we will just deal with that. Corrie: Any other comments? Bird: I have none, Mayor. Corrie: ['II entertain a motion to close the Public Hearing. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I move that we. close the Public Hearing. McCandless: Second. Corrie: Motion has been made and seconded to close the Public Hearing. Any further discussion? Hearing none, all those in favor of the motion say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Corrie: Now you can make the motion. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I move we deny the request for Conditional Use Permit, CUP 02-003. and ask the city to reimburse the applicant for their filing fees. and with the clear definition that five children, not including her own, are allowed with her Accessory Use Permit. Bird: Second. Corrie: Motion has been made and seconded. Any further discussion? Hearing none, roll-call vote, Mr. Berg. Roll Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, yea. MOTION CARRIED: ALL AYES Meridian City Council Meeting April 16, 2002 Page 42 Corrie: Okay. Do you know what we have just done? We have denied your request, but we have given your money back and you can still have five children, plus your own. So -- in other words, you don't need to have a Conditional Use Permit, so we denied giving you one, because you didn't need it. Now you can have -- you still have your five children, plus your own. Floyd: Will the state still issue me a license? Corrie: Yes. Nary: What you can tell them, Mrs. Floyd, is you're not required to have a permit from the city for the number of children that you're currently asking for. Floyd: Okay. Corrie: Thank you. McKinnon: Mr. Mayor, Members of the Council, if I could get a couple points of clarification, then, for Christina as well. As far as the refund of the money, would you like that to be 'initiated by Planning and Zoning staff, requesting that to be done? I'll make sure that that gets done. Secondary to that, Christina, if you do have any problem with the state saying that you need a Conditional Use Permit for that, I would be happy to write a letter stating that what the findings were for this meeting and how you're' not required to do that. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: They could probably get a copy of the signed order as well. McKinnon: Absolutely. Item 12: Public Hearing: CUP 02-004 Request for a Conditional Use Permit for an automotive repair business and vehicle parking and storage for Meridian Automotive and Machine by Meridian Automotive and Machine, Inc. - 505 East 1st Street: Corrie: Okay. Item Number 12 is a Public Hearing. This is a request for a Conditional Use Permit for an automotive repair business and vehicle parking and storage for Meridian Automotive and Machine by Meridian Automotive and Machine, Inc., 505 East ~ First Street. At this time I will open the Public Hearing on the request for the CUP and invite staff comments first. McKinnon: Thank you, Mr. Mayor and Members of the Council. This may be a little bit longer than my other staff report. I hope you can bear with me, as I don't have any Meridian City Council Meeting April 16, 2002 Page 43 overheads to show the site. The application that we have in front of us tonight is actually a modification of an existing Conditional Use Permit. The existing Conditional Use Permit did not allow any use of the railroad right of way, which is currently fenced and it was fenced without a permit by the applicant. The property is -- the railroad area is not currently improved with any sort of asphalt or any other hard surface. It currently is just a gravel parking lot. The site itself, as far as the improvements, the landscaping has not been completed according to the original Conditional Use Permit. The sidewalks that were promised have not been installed yet under the existing Conditional Use Permit. The unpaved parking area and screening and continued -- and possibly the continued use of welding equipment in this building and the sign was modified without a permit. In addition to those, the original Conditional Use Permit prohibited any use of the property for the sale of vehicles. On driving over this afternoon, I actually stopped by the site and there is a vehicle for sale on the site right now. I know you have read the staff report and there is quite a few things that are listed in there. I won't take the time to go over all of them. However, there are a few things in the recommendation from P&Z that I would like to point out. You should all have in your packet a Position Statement from Brad Hawkins-Clark modifying the Position Statement. If you don't have that, I would be happy to get that to you. It wasn't in my packet. If you didn't get it, you need to make sure that that gets into the record. Onto the recommendation from Planning and Zoning. There are a few things I just want to address really quickly if I could. There are a few things that the Planning and Zoning Commission changed from he original staff report that I'd like to bring to your attention. Item Number 4 on the recommendation from the Planning and Zoning Commission states that -- what's that? 11m up. Hey. I feel like a deer stuck in the headlights. Let me get back. This will help out a lot. The entire area along the north -- we can see the parking right now -- is currently a fenced-in area that was prohibited for use by the applicant and the applicant has fenced that without any Building Permits. It's now fenced and is currently being utilized. The applicant would like to utilize that area for parking for vehicles that have been repaired. Oh, man totally -- where was I at? I was on the recommendation. I'll get back to the recommendation really quick. Let me go back to the site plan. The staff originally proposed that all of the requirements be completed within 12 months. They are within six months. The reason the staff recommended six months for completion of the entire project is that we have an existing Conditional Use Permit that hasn't yet met those standards. They haven't met the standards of the original Conditional Use Permit and we wanted to limit them saying you have a Conditional Use Permit that you havenlt adhered to yet, we'd like you to adhere to it in a faster time frame now. . Planning and Zoning Commission changed that to 12. In addition to that, Item Number ~12 under the recommendation, it states the applicant shall be required, prior to the adoption of the Findings of Facts and Conclusions of Law, to come up with a bond with bids or a letter of credit for all of the improvements. That's to make sure that they get done this time. As a matter of fact, I would draw your attention to recommendation Item Number 8 on Page 3. The Planning and Zoning Commission added the following statement that reclaimed asphalt, rolled and compacted, would be acceptable in this area for the property that falls within the railroad right of way." If this is not approved by the Union Pacific Railroad, then the application will be required to come back before the Planning and Zoning Commission. There are two things I'd like some clarification on from the Meridian City Council Meeting April 16, 2002 Page 44 Council concerning the reclaimed asphalt, rolled and compacted. It's been my experience with asphalt that's been recycled and rolled back out that has not yet been reheated, re-oiled, and run through the pug mill, it -- it's a surface that cannot be painted. It's a surface that's very similar to gravel and it's rolled out on top of that without a proper road mix underneath it. It will rapidly deteriorate. This is not the same product that you would see with a hot batch asphalt mix that you see for a standard parking lot. This is a different product from that. If we -- and if staff could have some additional comments from you as the Council concerning the type of improvements, whether it's just as this applicant has been approved by the P&Z Commission just rolling and compacting the recycled asphalt is fine, but if you have some additional comments on that, staff would appreciate that. We do not currently have any standards for the depth of that or the amount that would need to be placed there. Secondary to that is the comment that if this is not approved by the Union Pacific Railroad, then the application is required to come back before the Planning and Zoning Commission. Staff would ask for some clarification on that, whether or not we need approval from the Union Pacific Railroad prior to the adoption of the Findings of Facts and Conclusions of Law. If we wait one year and the applicant has never received approval from the Union Pacific Railroad, we are out one 'year and the surfacing may never been done, because we may never have a letter from the Union Pacific Railroad approving them to do that. We would recommend that you give to us some additional clarifications as to when they should come up 'with approval from the Union Pacific Railroad. We don't want this to drag on beyond the one-year time frame that was recommended by the Planning and Zoning Commission. With that, I'd ask if there are any questions. I'm sure there may be a few. There are quite a few issues we are dealing with this, but at this time, I'll turn it back over to you. Corrie: Council, any questions for staff? Bird: I have none right at this point. Corrie: Okay. Thank you. This is a Public Hearing. I'll invite the applicant to speak first. Raise your right hand. Is the testimony you're about to give the truth, the whole truth, and nothing but the truth, so help you God? Gibson: Yes. Corrie: Give you name and address, please. Gibson: My name is James Gibson and my address is P.O. Box 219 in Eagle. I am the Project Architect representing the project in this application. We have reviewed the recommendations of Planning and Zoning and we have no objection or anything to fuss about in their recommendations. However, staff has raised a couple of issues that probably want to get talked about tonight, so we are prepared to talk about them. The question was raised about whether there is welding on the site. We thought that had long since been settled with the city and there has been no welding on the site for some time. I have personally made unannounced visits there to observe that very question. Meridian City Council Meeting April 16, 2002 Page 45 Years ago, yes, welding was common in this sort of a business and there was a welder on the property, but there is not one now and there has not been one for some time. The question was also raised about modifying the existing sign. The existing sign has been there for a long time and some minor modification was, in fact, made to the sign. The applicant contacted the city, asked if that required any permit to do the minor application -- minor modification, and was told that no special permit was required for that. The only modification to the many years old sign was a very minor modification, which did not increase the size or violated any known provision of an ordinance. The other question raised is really about the parking area in the railroad right of way. The applicant has obtained a lease from the Union Pacific Railroad for the purpose of allowing the vehicle storage area, shall we say, within this area. We recognize that it was an error to use the property without the Conditional Use Permit, so that's what's being asked for this evening. However, the major request is not really just the parking, but for a reconstruction of the front of the building. I believe that you probably have in your packet information that indicates the proposal to drastically revise the appearance of the total facility. Frankly, we believe that that was a good idea to combine everything that the applicant wanted to do in one application, so it could be clear what was wanted and further so that the city would have some, shall we say, means of assuring that everything get done. There has been, as you may be aware, some history of things not getting done in' a -- the desired time frame .and so on and we wish to correct that by making one application with a time frame on it. We agree and accept the condition that not just part of this application can be done, such as the parking, and then not improve the building. We have no disagreement with that. The question regarding Item Number 8 about the parking surface, please understand that this parking area, if you will, that's the area along the railroad, that is not an area where cars run in and out many times a day. The nature of this business is that vehicles are brought there, left, then repaired and then placed out there and the owner comes back and picks the car up. It's not like an Albertson's parking lot where, of course, a reclaimed asphalt surface would not be very appropriate. Dust is not an issue. The deterioration of the surface is hardly an issue, because of the very minor amount of traffic there. The painting -- the striping could be done on this surface and, again, the striping issue is hardly of any benefit, either to the applicant or to society, although it's probably a technical requirement. We wouldn't have any objection to striping the reclaimed asphalt and we believe that it would endure for the purpose intended there. Really, we believe that the reclaimed asphalt, in addition to being considerably less expensive, would be a good deal more environmentally friendly than paving another -- so many square feet of the earth and that's the main reason for that. The Planning and Zoning Commission actually. helped come up with that idea and as what they perceived a desirable option. The applicant -- this was not part of the original application. The original application was to either pave it with conventional asphalt paving if that were a requirement, but the request was to use a gravel surface there. The reclaimed asphalt seemed like a wonderful idea that Planning and Zoning came up with. We don't have any other issues to discuss, unless the Council has questions, and we would be pleased to address those. Mr. Nesmith, the owner of the business, is present if there should be questions or issues that relate to the operation of the business, rather than the architectural design. Thank you. Meridian City Council Meeting April 16, 2002 Page 46 Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: Mr. Gibson, the applicant has -- on the original CUP -- I don't -- I mean I think we have to look hard to find out what he did do under the CUP that was what we didn't do. If we approve this CUP, how are we going to be assured it's going to be adhered to any better than the other one was? None of us sat on the board -- or sat on the Council when the other one was through. I happened to be out in the audience and listened to it a few times, but I just don't think that the applicant has even attempted to live under the CUP. He's had vehicles for sale down there -- I mean, you know, one out there at a time I don't have any problem with and maybe it's his own, but when you have four or five lined up there and some of them are business vehicles, you know that they are not his. I've got a real problem with his past history of not living up to the rules that everybody else within the city has to live up to. Gibson: Is there a question directed to me? Bird: I mean how -- how are we going to know that it's going to be done? Gibson: Yes. I,' of course, as the Project Architect have not been involved in all of the history ofwhat the applicant has or has not done. I just designed what you see in front of you. However, Item 12 talks about providing assurance for all of the required improvements, the paving, the landscaping, the irrigation, the facade improvements, the walks, the fences and so on and so forth. Everything that is proposed prior to the formal approval or obtaining a Building Permit in the amount of 120 percent for an insurance bond or 110 percent for a letter of credit or cash bond. That is the method of addressing the question requiring the applicant to provide assurance that it will be done. I am not a trained or experienced legal expert, but I presume that's the best any of us could come up with to assure that this or any other applicant would comply with the conditions. Corrie: [guess maybe Mr. Nesmith can answer this, but we have gone to court and the court has ordered him to do them and he still hasn't done them. Why would money make any difference? Gibson: I'm sorry, as the architect I don't know. Corrie: Well,'] understand that. I guess maybe the applicant can answer some of those questions if he wants to do so. Any other questions? Okay. Gibson: Thank you. Corrie: Thank you. Any other representative of the applicant here that wants to testify? Okay. Anyone else from the audience wish to testify? Okay. Council, questions? Meridian City Council Meeting April 16, 2002 Page 47 De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I think we -- and I feel like an historian tonight. Corrie: I have been here longer than you and so do I. De Weerd: This issue has come up before where an applicant has come forward with a CUP request to improve their site. I never want to penalize someone for improving their site. I guess the concern is we have so many Code Enforcement issues that it seems -- it seems like until we can address the issues that exist currently, it doesn't make a whole lot of sense to move to another application that you would have new Code Enforcement issues, whether you have a bond or an assurance or what have you. I would like to see this application come back -- we are trying to have some urban renewal downtown -- or in old town and this fits well within it. I think it does need to -- the city does need to see some good faith effort in the landscaping, the sidewalks, and some of the other conditions being met under the old CUP before we consider a new CUP. I do understand the logic behind trying to address some of these under the same application, but it's hard put for us, as we have done in the past, we have not -- we have not approved these when there is still pending issues under an old CUP until hose issues have been addressed. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I guess I have the least amount of history here, so I don't really have any particular feeling about this. I do agree with what Councilwoman de Weerd said is that, you know, this is a situation I guess. If Council wished to be looking into the old CUP that's existing, rather than expanding the use, because it appears from -- at least the information that we have to this point, the property owner only seems to recognize the approval and not all the requirements to get that approval. That's why these things aren't getting complied with. I don't now -- I understand. Mr. Gibson's dilemma and I understand basically his testimony that that's what Condition 12 is to do. He's not going to get another thing until he complies with the existing requirements that are already there and bonds for the completion of these requirements. The other way is to deny it and then maybe Mr. Nesmith will understand that this Council is very concerned that these issues. haven't been accomplished up to this point and maybe he can't do anything else until he does that and then come back to the Council. I don't think that's an unreasonable condition. I agree with what you're saying. Corrie: Any other comments? We haven't closed the Public Hearing, so -- is the testimony you're about to give the truth, the whole truth, and nothing but the truth, so help you God? Meridian City Council Meeting April 16, 2002 Page 48 Nesmith: I do. Corrie: State your name and address, please. Nesmith: John Nesmith. 2820 East Ustick Road, Meridian. I disagree with, you know, what has been termed as a noncompliance with the Conditional Use. The only thing that hasn't been done is the sidewalk. All the landscaping requirements that were on the initial one have been done and if you want to go look at the initial project I would be happy to go over it with you. The current landscaping requirements are a lot more additional than the previous ones. You may not have that stuff in front of you and so I don't really see what -- you know, we can sit here and haggle back and forth and basically hold up progress. Some of the difficulties in working with some of the people that were running the Building Department is the only reason why I don't have an Occupancy Permit and getting engineering done because of where our building is at has taken months to get the engineers to provide the plans for the sidewalks. I have spent lots of money doing it and have got actually the engineering stuff done. What we discussed with the planner is that maybe we could wrap all our -- all the future plans that I wanted to do with tne stuff that hadn't been done and completed, which was the sidewalks, enhance the building, expand a little bit and move forward, instead of dealing with our indifferences that we've had in the past. I'm committed to do that and I feel that it would bea waste of the City Council's time, my time, and the interest of the city to go backwards. Granted, everybody in the whole situation can be difficult, but I -- you know, I can drive around Meridian and pop up -- I have lived here all my life and pop up many many situations that, you know, would probably take your time and effort do resolve versus dealing with some things that didn't get done. If I put up a Surety Bond, I can guarantee it's going to cost money to do that and there is no reason for me not to move forward with the project. Corrie: Mr. Nesmith, I have been following the courts -- going to court pretty steadily and the court has ordered you to do quite a few things and you still haven't done them. Nesmith: Like what, sir? Corrie: Well, I don't have them right in front of me, buJ .some of the things that you wanted the railroad property, that was denied and you still did it. Why did you do that? Nesmith: Why did I do what? Corrie: Parking on the railroad. It was denied by the Council the first time and you went ahead and did it. Any reason for that? Nesmith: There was some legal issues, you know, that we -- that we have actually -- it's pretty much past history and what we wanted to do was -- I slated the fence. That was recommended. That is done right now currently. Meridian City Council Meeting April 16, 2002 Page 49 McKinnon: Mr. Mayor, Members of the Council, if I could interrupt just real quick. Is the fence slating completely done around the entire area? Nesmith: Yes, it is. McKinnon: Okay. Nesmith: Including the slating on my -- the other -- the southern exposure of the property that was not required. That was in my good faith of going to the Planning and Zoning Commission that they liked the effort of what was happening with the project. McKinnon: Mr. Mayor, Members of the Council, if I could direct your attention to this picture that was taken very recently showing the slating of the fencing. In my observation when I was on site today the fencing is still similar to the bottom picture. Is that inaccurate? Nesmith: That is very inac.curate. McKinnon: Okay. So that fencing has been completed at this time, but along -- adjacent to the'railroad track? Nesmith: Under oath. McKinnon: Okay. Mr. Mayor and Members of the Council, I do have the Court Agreement that the city didn't have the signed one. I can tell you what have happened. The Court allowed the six months to show the court substantial compliance by slating the fence surrounding the holding yard, obtaining a Certificate of Occupation -- that's not right -- by doing the landscaping and evacuation of the railroad property he's now using to store vehicles, which are the other things that were required by the court. He had six months to meet that. Corrie: Are the vehicles still back there? Nesmith: What's that? Corrie: Are those vehicles still back there? Nesmith: The vehicles that are just -- that are -- actually, the vehicles that you see right there are acfually on -- well, some of them are on my property. There probably are some vehicles in the railroad right of way. As discussed with some planners, it would seem appropriate to try to resolve all the issues at the same time and move forward, instead of being regressive. Corrie: I don't have the court -- everything from the court here, but did you -- have you done everything the court asked you to do and told you to do? Meridian City Council Meeting April 16, 2002 Page 50 Nesmith: Other than getting an Occupancy Permit, which myself and -- actually, it was not through myself, it was through Mr. Gibson that is present, including mailing a letter to Mr. Daunt Whitman of the Building Department and failed to get any response from those people, other than I did get a walk-through from Mr. Bowers from the Fire Department. He did confirm that there was no welding equipment and that was one of the requirements. Corrie: I agree with that. I can see the report. Nesmith: In my opinion, other than sending certified letters, return receipt requested, which was the only thing I didn't do, I have not got any response from the Building Department. You know, for obvious reasons of some lack of compliance that the one gentleman that runs that department seems to get quite angry when the whole issue is brought up and that's my honest opinion. I don't know, if -- you know, so what my point is is that I think we could move on, move forward, and, you know, I can't change he past. Corrie: But you can perform that -- Nesmith: Ab$olutely. Corrie: Okay. Anything else? Nesmith: No. Bird: I have none. Corrie: Okay. Thank you. Anyone else? Okay. Council have any questions at this point? Hearing none, I'll entertain a motion, then, to close the Public Hearing on request for Conditional Use Permit of Meridian Automotive and Machine. Bird: So moved. Corrie: Is there a second? Nary: Second. Corrie: Motion has been made and seconded to close the Public Hearing. .~ All those in favor say aye: Opposed no. All ayes. MOTION CARRIED: ALL AYES Corrie: Discussion from Council? McKinnon: Mr. Mayor, Members of the Council, if I could offer just a couple comments. I don't want to sound -- it seems like my testimony has come off on a negative bent and Meridian City Council Meeling April 16, 2002 Page 51 that's not the case. We are very much in support of the requested changes that the applicant has made tonight. We would love to see them made, we just want the assurance that they will be done this time. As staff, we have met together to determine the best way to handle this and we felt with staff that the best way to handle this would be to amend the existing Conditional Use Permit. Some of the modifications that would need to be made for the existing Conditional Use Permit would be counter-productive to what their overall goals are at this time. We felt it would be better, rather than to put Mr. Nesmith off on this plans and to require him come into compliance with the existing Conditional Use Permit then have to do some additional work to remove the items that he installed at that -- for the original Conditional Use Permit to comply with the new Conditional Use Permit. We felt that that was not the best option. The best option was to bring it all into compliance at this time. We do wholeheartedly support -- and believe it would actually look much better with the proposed changes. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: We are talking and I guess we'll sit here all night. I move that we approve CUP 02-004, request for Conditional Use Permit for an automotive repair business and vehicle parking' and storage for Meridian Automotive and Machine by Meridian AutomotiVe and Machine, 505 East -- Main Street now or East First -- 505 East First, with all conditions applicable. For the Attorney to draw up the Findings of Facts and Conclusions of Law and Decision of Order and that no work shall start until a letter of credit or bond is on file with the Meridian City Clerk's office. Nary: Second. Corrie: Okay. Motion has been made and seconded. Any further discussion? De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I was just going to ask -- the reclaimed asphalt, what kind of paving material -- are you also suggesting the reclaimed asphalt material or -- . Bird: No. Corrie: Okay so you would want to delete that from -- Bird: Staff recommendation. De Weerd: -- the recommendations? Okay. Nary: . That's all I'm looking for. Meridian City Council Meeting April 16, 2002 Page 52 De Weerd: Mr. Mayor, I guess J did have one more. I think staff noted that the time was extended from six months to a year. McKinnon: That's correct. De Weerd: You also agree to extend that? Bird: That's fine with me. As long as that would be in -- De Weerd: As along as they put it in -- De Weerd: Okay. Bird: Before they do anything. De Weerd: Okay. Thank you. Corrie: Any further comments? Roll-call vote, Mr. Berg. Roll Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, yea. Corrie: Okay. Motion is approved as made. MOTION CARRI ED: ALL AYES Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: Could I say one thing? Corrie: You certainly may. Bird: I hope Mr. Nesmith proves us wrong this time. J hope he lives up to the Conditional Use Permit in a timely fashion. I'd appreciate it. Item 13: Public Hearing: PP 02-003 Request for Preliminary Plat approval of 8 building lots and 11 other lots on 113.15 acres in an L-O zone for Touchmark Living Center by Touchmark Living Center - south of East Franklin Road and east of South Eagle Road: Corrie: Okay. Item Number 13 is a Public Hearing, request for Preliminary Plat approval of 8 building lots and 11 other lots 113.15 acres in an L-O zone for Touchmark Living Center by Touchmark Living Center, south of East Franklin Road and east of South Eagle Road. Meridian City CDuncil Meeting April 16, 2002 Page 53 Gibson: Mr. Mayor? Corrie: Yes. Gibson: I don't hear well and I didn't hear the outcome of the reclaimed asphalt question. Was that as recommended here? Bird: No. It was deleted. Gibson: It was deleted? Corrie: Yes. Gibson: Thank you. Corrie: Thank you. Okay. [will open the Public Hearing and staff comments first. McKinnon: Thank you, Mayor Corrie, Members of the Council. 1'[1 forward through these. We are really excited this is actually going to happen. Touchmark is the large project, the senior housing center that's directly behind the St. Luke's on Eagle Road. It's going to be a very large complex upon completion. I'm talking about 700 and -- over 700 homes, with some congregate living as well. At this time they have just requested approval of their Preliminary Plat. The landscaping meets the requirements. The Preliminary Plat is completely within compliance of the approved Conditional Use Permit for this site and the Development Agreement for this site. Staff supports this application and asks if there are any comments. Would you like some additional information from staff? Okay. This project was originally approved under a Conditional Use Permit and the annexation a few years back. Actually, I was just looking at the site plan to make sure that we have all of the original site plans. You will notice on the overhead right there in front of me that there is a little site that shows -- if I had a pointer I could point to it, but it's approximately located a quarter mile east of -- east of the intersection of Eagle and Franklin and they will be installing a collector street -- thank you very much -- that runs directly down from there. They will be providing.8 stub street to the Montvue Subdivision, which is to the west of the project. The site -- the majority of the site -- if I can slide it down -- the majority of the site that they are developing right now is down through here -- a sign is included -- a true site plan -- oh, there it is. The darkened areas are the phased area. They are installing the roadway at this time running down through here'- This site that looks like a peanut is actually going to be a park area with a five-hole pitch and putt golf course approved by the Conditional Use Permit. This small part of the building right here is going to be part of a larger whole that's going to be a congregate living center with assisted care. The rest of the project would continue down to this area, which will be attached and detached single-family homes. As I said earlier, originally approved by the Council and Commission a year or two back and they are finally going ahead with their plans. Eventually the entire area that you can see -- which I'll highlight -- that runs adjacent to our area of impact of impact to the west -- or Meridian City Council Meeting April 16, 2002 Page 54 to the east will eventually be housing for all of the senior homes that they would like to build. The reason why you see so few building lots is that the applicant would actually be the owner of the entire project and there will be multiple homes being built on single lots. The ownership of those homes will be retained by the corporation essentially as a lease for those people that are located in this area. Part of the project that -- the project is one size -- this is a humongous site we are dealing with and the number of homes are rather large, but the orientation of the site would include some office medical buildings adjacent to the collector road that comes in. There are some other office buildings that are located on site. The Preliminary Plat would allow them to start the construction of the common dwelling and the additional highlighted areas on the map. If there are any other questions that I can answer at this time, I would be happy to do that. Corrie: Council, any questions? Okay. Thank you. Is a representative of the applicant here this evening? Is the testimony you're about to give the truth, the whole truth, and nothing but the truth, so help you God? Cook: It is. Corrie: Name and address, please, for the record. Cook: Richard Cook, Briggs Engineering, 1800 West Overland Road, Boise. I'm here tonight kind of a pitch hitting for one of my colleagues Steve Arnold. He acquired a back injury and at the last minute I was asked to respond, so here I am. Mr. Mayor and Members of the Council, really the only reason that we are going through this platting process on this particular project is that the Development Agreement requires us to plat the streets. The ordinance does not provide any other means for dedicating public streets other than by going through the platting process. That's really it in a nutshell and I'm sure the Council is aware that this project has been extensively reviewed by staff, the Commission, and the Members of the Council. Also by going through the platting process we are dedicating a well lot to the city as part of the process. Other than that, I really don't have any additional comments. I would at this particular moment, while I have your attention, I would like to let you know that I have a request regarding Item 3 -- what is it, 3-K, which was Baldwin Park. At an appropriate moment, I would like to explain what I was requesting on that particular issue. Corrie: Okay. De Weerd: Now would be good. Corrie: Yes. Go ahead. You have got the floor. Cook: Okay. By catching this at the last minute -- I was a few minutes late getting here -- and Item 3-K, Baldwin Park was on the Council's Consent Agenda. I came in and I handed staff a copy of our Position Statement on the Baldwin Park. We were in agreement with the recommendations for the annexation and the Preliminary Plat. There was one item concerning the Variance findings, which is Item 3-K and that is the Meridian City Council Meeting April 16, 2002 Page 55 decision and order should state that the block length Variance should be granted to the Preliminary Plat of March 27, 2002. It should not be number specific due to the difficulty interpreting the ordinance. The difficulty with interpreting the City's Ordinance on block lengths was discussed at the last Council hearing and we have no intention whatsoever of modifying the plat beyond what you have seen. We just would like to remove that specific reference to the two blocks in the verbiage on that condition. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: And then didn't we -- isn't that what we did on the last deal is take care of that? That was agreed upon with the staff? Corrie: I think so. That was -- Bird: I thought that's what we had done. Corrie: Yes. Cook: Oh. Okay. Bird: I thought it was taken care of. Cook: Taken care of last time? Bird: Yes. I thought we took care of if. Corrie: We'll make sure. Bird: Yes. We'll make sure. Cook: Okay. I think -- all right. Well -- okay. It was the Decision and Order, Page 8 of nine on the particular Variance, Item Number 1. It just .stated in the material that we received from the city that the block length requirement -- block length requirement for block lengths for one side of two blocks within the subdivision in the RUT zone. That's the only reason why we brought it up again but that's good. It's good news.' That's exactly what we wanted, so-- Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: This isn't for this particular hearing, but it's okay I think on this one. I think all it says is you're granted a Variance from those specific requirements. I think it's probably Meridian City Council Meeting April 16, 2002 Page 56 fine. I mean I do agree with what Mr. Arnold has put here. That, I think, is what we said. Cook: Okay. Nary: But I don't think this is problematic, but -- Cook: Very good. Thank you. Appreciate that. Corrie: Okay. Anyone else -- going back here -- change hats. Bird: Going back to the original one. Corrie: The one we are really on. Anybody have any other comments here? Any public testimony? Yes, sir. Is the testimony you're about to give the truth, the whole truth, and nothing but the truth, so help you God? Ramsey: Yes. Corrie: Nam~ and address, please, for the record. Ramsey: .~ My name is Don Ramsey. I reside at 3360 North Montvue Drive. I am an employee of Touchmark and in your packet there you should have on the fencing that runs along the Ridenbaugh. I'm not sure if this is the forum to ask it, but it will eventually get back here. The question is is on this fence if you show -- if you look on your -- in your packet it should be there. Along the Ridenbaugh, we are proposing a three-rail vinyl fence with pilasters at major corners. My question that was raised to me and we'd like a response on this, is this going to be a satisfactory fence along the Ridenbaugh? Now given the fact that our residents are 55 and older, but they do have the possibility of children coming to visit, we proposed this fence because we would like to incorporate the Ridenbaugh as much as possible as a water feature. Using that walkway or that right of way along the Ridenbaugh as a walking path not only for the people from the subdivision across the Ridenbaugh -- and they do that quite a bit, but also for our own residents. I want to make sure ~ as we move forward here now that we don't come up at the last minute and decide somebody wants a six foot fence there versus a real fence like that or if you want something with a little more security. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I would imagine that you're not going to get resistance from this body. The body that you would have that issue with would be your Irrigation District. You know, personally I would prefer it as a water amenity and your three rail fence. I know when I used to visit my grandparents we were told to go play in the creek, so -- I'll tell you what, a lot of people have played in that. Meridian City Council Meeting April 16, 2002 Page 57 Corrie: The creek or the canal? De Weerd: The canal. Ramsey: So I mean if this body is happy with that, I have talked to Bill over at Nampa- Meridian and his feeling -- I mean he was -- he wouldn't give me, you know, an answer one way or another, so - De Weerd: Well, that's unusual. Ramsey: A lot of answers about other things, but not about that, so -- Corrie: Mr. Nary. Nary: Mr. McKinnon is there any concern -- on this particular thing, I don't see a comment about the fencing along the canal. McKinnon: Staff doesn't have a concern with the fencing. I would echo Councilwoman de Weerd's comments that Nampa Meridian~ Irrigation Department may have objections to what was stated as using that area for a pathway -- I know Nampa Meridian Irrigation holds on to those roads as much as they can, the control of that. As far as a three-rail fence, staff doesn't have any objection to that. There are numerous areas in the City of Meridian where they use pathways along waterways and those areas are not fenced off by any fences. Case in point would be the pathway leading from Tulley Park back to Meridian Road. That area is completely open for children to fall into, I assume. I guess the liability issues, I wouldn't touch that issue, and whether or not Nampa Meridian Irrigation would approve that fence, I have no clue. Adjacent to those areas they are required to be noncombustible fencing. The three-rail vinyl fence would be a noncombustible and it would meet our standards. Nary: Thank you. Ramsey: And they haven't required -- in our License Ag~eement, you know, they cover everything pretty thoroughly, as you're aware. That's alii have. Thank you. Corrie: Thank you very much. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I'd also note for the record I don't think Council Member de Weerd is encouraging children to play in the canal. De Weerd: No. Meridian City Council Meeting April 16, 2002 Page 58 Nary: Okay. Bird: Especially the Ridenbaugh. De Weerd: Not the Ridenbaugh. Corrie: Okay. Any other testimony? Okay. Any other questions for the public record? De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I move we close the Public Hearing on PP 02-003. Bird: Second. Corrie: Motion has been made and seconded to close the Public Hearing on the Preliminary Plat for Touchmark Living Center, PP 02-003. Any further discussion? Hearing nonej all those in favor of the motion say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES Corrie: Discussion on the request? De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I think this application continues only to get better, so I will just go ahead and move that we approve the request for Preliminary Plat for Touchmark Living Center, PP 02-003, and ask the attorney to draw up the Findings of Facts and Conclusions of Law and Decision of Order and to include staff comments and testimony. Bird: Second. Corrie: Motion has been made and seconded. Any further discussion? Hearing none, roll-call vote, Mr. Berg. Roll Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, yea. Corrie: All ayes. Motion is carried. MOTION CARRIED: ALL AYES Meridian City Council Meeting April 16, 2002 Page 59 Corrie: Council, I failed to have on the agenda the delinquency turn-off schedule. It's placed in the box, but I don't think we got it yet. Want to have somebody go get them and look at them or do you want to just -- J think we probably better, since the turn off is tomorrow. De Weerd: I guess we should all make sure we are not on there. Corrie: And you are not on it. I have already checked. That's one of my goals as Mayor is to make sure we are not on it. De Weerd: I'm not going to state the obvious. Corrie: I know you're not and I appreciate that. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: While we are waiting for that, I do want to bring something up to the Council and we did hear it lastweek, but I did see an item in the Idaho Statesman regarding the park and the -- in regards to the Skateboard Park. It indicated in the article that the Council had turned down some money that was being offered for that particular park and maybe I wasn't listening very closely, but I don't recall that Mr. Kuntz brought forward any money that the Council rejected. I think the -- and so I was just a little concerned, because we have had people donate to the park. I was concerned -- I was just concerned that other folks that have donated money to the city for this particular project would read that article and think why were they giving money and then turn down some of it. I just want clarification. Does anyone recall that that's what was presented to us, that we were rejecting money? We rejected the service that was being provided by the Optimist Club, but I don't recall any specific indication that other folks who were offering money, that the city was not going to accept it, so -- Bird: I don't recall we turned any down. Nary: Okay. I just want that to be clear. I didn't think that sent the right message. Bird: Mr. Mayor, I think that this might have been -- at the thing might have been a little confusing on the deal. I think I know what it was. It was just something that was-- . . Corrie: Do we need to make a detraction to the paper or -- Nary: No. I just -- I guess J wanted to bring it up in case it were to be brought up again by some to make clear we haven't turned down any offer for financial assistance. Meridian City Council Meeting April 16, 2002 Page 60 Bird: I think the statement was made that somebody would pick up the rest for the kids and what -- and at that point the people that have pledged money said, no, they wanted to make sure the kids got out and out work for it and that's what it was. Nary: Okay. Bird: And I was the one that said I knew somebody that would pick up the -- to help those kids if we had to, but if it's the agreement from some of the other people that the kids have to earn it, so be it. Corrie: Okay. Bird: I think that's where we got-- Corrie: Thank you, Mr. Bird. Okay. The delinquency turn off schedule for April 17, 2002. This is to inform you in writing if you so choose you have the right to a predetermined hearing at 7:30 P.M., Tuesday, April 16, before the Mayor and City Council to appear in person to be judged on the facts and defend a claim made by this city that your water, sewer and trash bill is delinquent. You may retain counsel and this service will be discontinued on April 17, 2002, unless payment received in full. Is there anyone present who wishes to contest their water, sewer, and trash delinquencies? I'll just hereby inform you that you may appeal to have the decision of the city reviewed by the Fourth Judicial District Court pursuant to Idaho State Code. Even though you do appeal your water will be shut off. The amount of the turn off list is $22,126.38. I'll entertain a motion to approve the turn off schedule, if so you desire. McCandless: Mr. Mayor? Corrie: Mrs. McCandless. McCandless: I move that we approve the delinquency schedule for April 17 , 2002. Nary: Second. Corrie: Okay. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRI ED: ALL AYES De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I move we go into Executive Session per Idaho Code 67-2345(d). Corrie: Okay. Do I hear a second? Meridian City Council Meeling April 16,2002 Page 61 Bird: Second. Corrie: Okay. Roll-call vote, Mr. Berg. Roll Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, yea. MOTION CARRIED: ALL AYES Corrie: Okay. We'll go into Executive Session. (Return at 9:58 P,M.) MOTION CARRIED: ALL AYES MEETING ADJOURNED AT 10:08 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) f)/ 7/02- DATE \ \ \ \ \ \ III HI! Ii i/, ,,\ \ Or:.: il;l,i~~,., ,/ Ii . "~I r '""~r-.r/' "/ ~ ,.... '\-~ ____......., ~r~,...~~::: " <>~ }, c} o,?>POFVi >",.z,... ~" 2 iP '::0 \ ""0;.. 2 "1'i1 TT.:eSTED: ~~ -~ 7'6 S;b.!l~.L c(s)); WILLIAM G. BERG, JR., CI ~ 1? Q(,; ~ ~,) / .(\ ':.:' ~... (:) '8, is \ '../ ''':!-' ..:..;. .......... ~ ~ ...-...,. ,~ ......./// Ote;-.:' _p.~ a'" _,~;' \~..-~ 1- ,....\' lIlt" '.. . ..\'\' r,..c; . \' April 12, 2002 MERIDIAN CITY COUNCIL MEETING APPLICANT April 16, 2002 ITEM NO. LP REQUEST Ordinance No. : Special Police Ordinance 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: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: See attached Ordinance q 4/'V _U tJ~/ . _~V- ~ bUI1' Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. interoffice MEMORANDUM - l From: William G. Berg, Jr"} pty Clerk Wm. F. NiChOJ~ Special Police Ordinance RECEIVED APR - 1 2002 To: Subject: City of Mek'idian City Clerk Offic(~ Date: April 1, 2002 Will: Please find attached the original of the Special Police Ordinance, which will now need to be placed upon the April 161h Council agenda. Chief Worley has been in contact with Mayor Corrie for approval for placement upon the 16th Council agenda. Additionally, I will be fOlwarding this ordinance by electronic mail. If you need anything further, please advise. Z:\W o(k\M\Mcridinn\Mcridiun I 5360M\PoIicc Dcpt\MclUos\Bcrg032 902 SpPoliccO(d. d DC CITY OF MERIDIAN ORDINANCE NO. tJ2- 11-8 AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING TITLE 6 OF CHAPTER I TO ENACT A NEW SECTION 6 OF CHAPTER I TITLE 6, MERIDIAN CITY CODE OF THE CITY OF MERIDIAN; PROVIDING FOR SPECIAL POLICE FOR THE MERIDIAN POLICE DEPARTMENT; RELATING TO APPOINTMENT AND ASSIGNMENTS; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: SECTION 1: That Chapter 1 of Title 6 is hereby amended by the addition thereto of a new Section 6 to read as follmvs: 6~1~6: SPECIAL POLICE The Chief of Police is hereby authorized to appoint special police officers. Upon appointment, special police officers shall be assigned to such functions, area of operation, duties and powers of police as may be designated by the Chief of Police. Special police officers shall act without pay unless othervvise provided by the Mayor and City Council. SECTION 2: All ordinances, resolutions, orders or parts thereof in conflict herevvith are hereby repealed, rescinded and annulled. SECTION 3: VALIDITY: The Meridian City Council hereby declares that any section, paragraph, sentence or word of this Ordinance as adopted and amended herein be declared for any reason to be invalid it is the intent of the Meridian City Council that it would have passed all other portions of this Ordinance independent of the elimination herefrom of any portion as may be declared invalid. SECTION 4: SAVINGS CLAUSE: This Ordinance does not affect an action or proceeding commenced or right accrued before this Ordinance takes effect. SECTION 5: DATE OF EFFECT: This Ordinance shall be in full force and effect after its passage, approval and publication, according to law. Special Police Ordinance - Page 1 of 2 PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this (6-1& dayof ~~ ,2002. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this ,16'-f'J day of ~I Z , 2002. Attest: as allowed pursuant to J1~~ ~/9v. City Clerk _ ';:; First Reading: /f -Ib :"-02-- \1. Adopted. after first reading by sus Idaho Code 50~902: V Yes:~ Second Reading: ,- Third Reading: No: Z:\ W Drk\M\Meridian\Meridian 15360M\Ordinances Ci ty l-Iall\2002 ORD\Special Pol iceOrd.doc Special Police Ordinance - Page 2 of 2 BEFORE THE MERIDIAN CITY COUNCIL C/C 03-19-02 IN THE MA TIER OF THE ) APPLICATION OF CAPITAL ) DEVELOPMENT CO., THE ) APPLICATION FOR ) ANNEXATION AND ZONING ) OF 77.9 ACRES FOR ) PROPOSED BALDWIN P ARI( ) SUBDIVISION, LOCATED 1/4 ) MILE SOUTH OF McMILLAN ) ROAD, EAST SIDE OF LINDER ) ROAD, MERIDIAN, IDAHO ) Case No. AZ-OI-027 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING The above entitled annexation and zoning application having come on for public hearing on March 19, 2002, at the hour of 6:30 p.m., and Shari Stiles, Planning and Zoning Administrator, Steve Arnold, and Dave Yorgason, appeared and testified, and the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT 1. There has been compliance vvith all notice and hearing requirements set forth in Idaho Code ss 67-6509 and 67-6511, and Meridian City Code SS 11-15-5 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1 .AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BALDWIN PARK (AZ-01-027) and 11-16-1. 2. The City Council takes judicial notice of its zoning, subdivisions and development ordinances codified at Titles II and 12, Meridian City Code, and all current zoning maps thereof, and the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance No. 629, January 4,1994, and maps and the ordinance Establishing the Impact Area Boundary. 3. The property which is the subject to the application for annexation and zoning is described in the application, and is approximately 77.9 acres in size, is located Y4 mile south of McMillan Road, east side of Linder Road, Meridian, Idaho, all within the Area of Impact of the City of Meridian and the Meridian Urban Service Planning Area. 4. The ovvner of record of the subject property is Capital Development Corporation of Boise, Idaho; and the applicant is Ramon and Marilyn Y orgason of Boise, Idaho. 5. The subject property is currently zoned R-T and consists of vacant land. 6. The Applicant requests the property be zoned as R-8, with the intent to develop a single-family residential subdivision consisting of 272 dwellings, with approximately 10.2 acres of open space on 14 common lots, inclttding two pocket parks with a total of 2.57 acres, and .4 acres in 2 landscape buffer lots, which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2 .AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BALDWIN PA!U( (AZ-01-027) designates the subject property as Single Family Residential. 7. The subject property is bordered on all sides by Ada County properties zoned RUT, although the future Bridgetower Subdivision is contiguous to the property on the northwest across N. Linder Road. 8. There are no significant or scenic features of major importance that affect the consideration of this application. 9. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction, public facilities and services required by the proposed development will not impose expel1se upon the public if the following conditions of development are imposed: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: I. The applicant shall be responsible for designing and installing a new 12~inch diameter water main in Linder Road, from its current location at the intersection with Ustick Road. Sewer service for this development shall be provided by the White Drain Trunk. The City of Meridian is in the design phase of this trunk, with commencement of construction estimated at April of this year. The applicant shall be responsible to proVide main connections to the White Drain Trunk to serve this development. 2. A Development Agreement shall be entered into between ~he City of Meridian and the Applicant as part of the Annexation application. The Development Agreement shall outline any phasing requirements and special conditions placed upon the Preliminary Plat application. Adopt the Recommendations of the ACHD as follows: 1. Applicant shall construct the following stub streets: FINDINGS OF FACT AND CONCLUSIONS OF LAW ~ Page 3 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BALDWIN PARK (AZ-OI-027) ( At the north property line approximately 700 feet west of the east property line, as proposed; At the east property line approximately 100 feet south of the north property line, as proposed,; At tne east property line approximately 150 feet north of the south property line; On the north property line approximately 750 feet east of the west property line; ana On the south property line approximately 500 feet west of the east property line. 2, Due to the fact that Meridian School District does not want a vehicular access to the property to the future school site, the applicant should construct a pedestrian walkway to allow pedestrians to access the school site without utilizing the arterial roadway. a. b. c. d. e. Special Notification to Applicant 3. To be consistent with previous Facts and Findings and Commission action, the applicant should recognize that this development (the preliminary plat and conditional use) may be subject to any extraordinary impact fee or LID established by ACHD. Any implementation of extraordinary impact fees or an LID would first be subject to a public hearing. 4. To promote a safe pedestrian walkway on Linder Road, District staff recommends that the applicant work with the owner of the "out parcel" to the south to dedicate right-of-way and construct 5-foot concrete sidewalk. The following Site Specific Requirements and Standard Requirements must be met or provided for prior to ACHD approval of the final plat: Site Specific Requirements: 5. Dedicate 48-feet of right-of-way from the centerline of Linder Road abutting the parcel by means of recordation of a final subdivision plat prior to issuance of a building permit (or other required permits), whichever OCCllrs first. ,Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with ACHD Ordinance #195. The right-of- way purchase agreement must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 .AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BALDWIN PARK (AZ-OI-027) 6. Construct a 5-foot wide detached concrete sidewalk on Linder Road located 2- feet within the new right~of-way. Coordinate the location and elevation of the sidewalk. with District staff. If the sidewalk meanders outside of the right-of- way, provide an easement for the sidewalk. 7. Construct the main entrance to the subdivision, West Monument Drive, located 550-feet south of the north property line, as proposed. West Monument Drive shall be designed "vith 21-foot street sections on either side of a center median. The median shall be constructed a minimum of 4-feet wide (maximum 12-feet wide) to total a minimum of a 1 DO-square foot area. The applicant will be required to dedicate 54-feet of right-of-way plus the additional width of the 111.edian. 8. Construct a protected left-turn lane at the site driveway, as determined by the traffic impact study that was submitted. The applicant shall coordinate the design and location with District staff. 9. Construct all public roads within the subdivision as 36-foot street sections with curb, gutter, and 5-foot wide concrete sidewalks within 50-feet of right-of- wav. " 10. West Monument Drive segments shall be designated as a collector roadway with no front-on housing and access restrictions for this street segments shall be stated on the final plat. District policy requires that these street segments be constructed as 39-foot street section within 52-feet of right-of-way with curb, gutter and 5-foot wide concrete sidewalks. 11. Construct a stub street that is located at the north property line approximately lOO-feet west of the east property line, as proposed. 12. Construct a stub street that is located at the east property line approximately 100-feet south of the north property line, as proposed. 13. Construct a stub street that is located at the east property line approximately 150-feet north of the south property line, as proposed. 14. Construct a stub street that is located on the north property line approximately 750-feet east of the west property line. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 . AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BALDWIN PARK (AZ-OI-027) IS. Construct a stub street that is located on the south property line approximately SOD-feet west of the east property line. 16. The applicant shall be required to install a sign at the terminus of these roadways stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street, and the design of the turnaround (if necessary) with District staff. 17. Construct an ACHD approved turnaround at the end of West Cresent Court, North Clearbrooke Place, North Buckstone Place and North Denali Place. Submit a design of the turnaround for review and approval by District staff. 18. The turnarounds shall be constructed to provide a mininmm turning radius of 45-feet. The applicant shall also be required to provide a minimum of a 29- foot street section on either side of any proposed center islands within the turnarounds. The medians shall be constructed a minimum of 4-feet wide to total a minimum of a 1 aD-square foot area. Dedicate 54-feet of right-of-way plus tl~e .additional width of the median. ~. 19. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this shall be required on the final plat. 20. Any existing irrigation facilities shall be relocated outside of the right-of-way. 21. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387- 6280 (with file numbers) for details. 22. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 23. Other than the access point specifically approved with this application, direct lot or parcel access to Linder Road is prohibited. Lot access restrictions; as required with this application, shall be stated on the final 'plat. . FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6 .AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BALDWIN PARK (AZ-OI-027) Standard Requirements: 24. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #195, also known as Ada County Highway District Road Impact Fee Ordinance. 25. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 26. It is the responsibility of the applicant to verify all existing utilities within the right~of~way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to call DIGUNE (1-80.0-342-1585) 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. 27. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 28. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is grante9. pursuant to the law in effect at the time the change in use is sought. Adopt the Meridian Fire Department Recommendations as follows: 1. A fire-flow of 1,000 gallons per minute shall be available for a duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart at approved locations. FINDINGS OF FACT AND CONCLUSIONS OF LAW ~ Page 7 - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BALDWIN PARK (AZ~01~027) 2. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 3. Acceptance of water supply for fire protection is contingent upon acceptance of the water system by the City of Meridian. 4. Final approval for fire hydrant location shall be by the Meridian Fire Department. 5. All turning radii shall be a minimum of 28' inside and 48' outside for the internal road system. 6. Insure that all yet undeveloped parcels are maintained free of combustible vegetation. 7. The roadways shall .be built to Ada County Highway standards. 8. Any roadway greater than ISO' in length that is not provided with an outlet shall be required to have a turnaround; this requirement may apply during the phasing of the project. 9. Provide one additional access road to service Great Basin, White Sands, Biscayne Park and Melrose Park. Additionally, comply with the action of the City Council from their March 19, 2002 meeting as follows: 1. The typical Micro-path section is not approved as shown on the Preliminmy Plat. All drainage shall be maintained within the 7 LJ2 foot area on either side of the micro-path, not drained to the fence line as shown on the Preliminary Plat. 2. A minimum three-foot-wide separation between the asphalt pathway and adjacent building lots has not been followed, (typical micro-pathwith drainage section). 3. Show the moving of phase lines for Phases 3 and 4. 4. Show existing and proposed easements on the plat as required by State Code and City Ordinance. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8 .AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BALDWIN PARK (AZ-01-027) 5. Within Settler's Irrigation District's letter dated March 19,2002, they are requesting easements of 60 feet on the White Drain and 30 feet on the Coleman Lateral, which dimensions are not depicted on the most recently submitted preliminary plat. If joint trench is to be utilized for the Coleman Lateral easement, a minimum I5~foot~vvide easement will be required along the frontage of all lots on the east side of North Hyde Park Avenue. The preliminary plat needs to reflect compliance with agency approvals or written evidence from those agencies must be submitted if conflicting conditions of approval are agreed upon. Additionally, the District also requires the Coleman Lateral be tiled, and that the pressurized irrigation system be installed according to the District's standards and specifications. 6. Applicant has submitted a letter dated April 2, 2002, which addresses Settler's Irrigation District, and which is on file with the Meridian City Clerk's office. 10. It is found that if the developer pays for the requested improvements and complies with the conditions set forth in these Findings of Fact No.9, and all sub~parts, the economic welfare of the City and its residents and tax and rate payers vvill be protected, a condition of annexation and zoning designation. II. It is also found that the development considerations as referenced in Finding No.9 are reasonable to require and must be taken into account, in order to assure the proposed development is designed, constructed, operated and maintained in a manner which is harmonious and appropriate in appearance vvith the existing, or intended character of the general vicinity, in order to assure that the proposed use will not change the essential character of the affected vicinity and will insure that the proposed uses vvill not be hazardous or disturbing to the existing, or future neighboring uses, particularly considering the impact of proposed development on FINDINGS OF FACT AND CONCLUSIONS OF LAW ~ Page 9 .AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BALDWIN PARK (AZ-OI-027) potential to produce excessive traffic, noise, smoke, fumes, glare and odors. But, additional landscaping buffers and design features will be required to make the proposed use more harmonious with the general vicinity and to comply with City Ordinances. 12. It is found that the zoning of the subject real property as Medium Density Residential District (R~8) requires connection to the Municipal Water and Sewer systems and will be compatible with the Applicant's development intentions, and will assure that the zoning is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Single Family Residential. 13. The subject annexation request and zoning designation and proposed development relates and is compatible to the goals and policies of the Comprehensive Plan of the City as follows: Economic Development Chapter Policies 3.1 U, 3.2U Land Use Chapter Policies 2.1 U, 2.2U, 2.3U, 6.3.c Natural Resources and Hazardous Areas Chapter Policies 1.1 U, 2.1 U, 2.5U, 3.1 U, 4.1 U Transportation Chapter Policies 1.6U, 1.9U Open Space, Parks & Recreation Policies 3.1, 5.3 FINDINGS OF FACT AND CONCLUSIONS OF LAW ~ Page 10 .AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BALDWIN PARK (AZ-OI-027) Housing Chapter Policies 1.3, 1.4, 1.7, 1.12, 1.13U, 1.18 Community Design Chapter Policies 1.8, 5.2U 14. The property can be physically serviced with City water and sewer, since the applicant has extended the lines. CONCLUSIONS OF LAW 1. The City of Meridian has authority to annex real property upon written request for annexation. and the real property being contiguous or adjacent to city boundaries an.d that said property lies within the area of city impact as provided by Idaho Code Section 50-222. The Meridian City Code s 11-16 provides the City may annex real property that is within the Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan. 2. The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 3. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act of 1975", codified at Chapter 65, Title 67, Idaho Code by the adoption of 'Comprehensive Plan City of Meridian ad<?Pted December 21, 1993, Ord. No. 629, January 4, 1994. 4. The following are found to be pertinent provisions of the City of Meridian Comprehensive Plan and are applicable to this Application: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11 .AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BALDWIN PARK (AZ~01-027) 4.A: Economic Development Chapter Policies 3.1 U, 3.2U Land Use Chapter Policies 2.rU, 2.2U, 2.3U, 6.3.c Natural Resources and Hazardous Areas Chapter Policies 1.1U, 2.1U, 2.5U, 3.1U, 4.1U Transportation Chapter Policies 1.6U, 1.9U Open Space, Parks & Recreation Policies 3.1, 5.3 Housing Chapter Policies 1.3,1.4, 1.7, 1.12, 1.13U, 1.18 COll1l11Unity Design Chapter Policies 1.8, 5.2U 5. The zoning of Medium Density Residential District (R-8) is defined in the Zoning Ordinance at S 11-7-2 D as follows: (R~8) Medium Density Residential District: The purpose of the R-8 District is to permit the establishment of single- and two-family dwellings at a density not exceeding eight (8) dwelling units per acre. This District delineates those areas where such development has oris likely to. occur in accord with the Comprehensive Plan of the City and is also designed to permit th~ conversion of large homes into two-family dwellings in well-established neighborhoods of comparable land use. Connection to the Municipal water and sewer systems of the City is required. 6. Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. See Burt vs. The City of FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12 . AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BALDWIN PARK (AZ-01-027) Idaho Falls, 105 Idaho 65, 665 P2d 1075 (1983). 7. The development of the annexed land, if annexed, shall meet and comply with the Ordinances of the City of Meridian including, but not limited to: Section 12-2- 4 which pertains to development time schedules and requirements; Section 12-4-13, which pertains to the piping of ditches; and Section 12-5-2 N, which pertains to pressurized irrigation systems, and Zoning and Subdivision and Development Ordinance of the City of Meridian. 8. Pursuant to Section 11-16-4 A of the Zoning and Development Ordinance the owner and/or developer shall enter into a Development Agreement, if such is required by the City. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE ANn FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does Order: 1. The applicant's request for annexation and zoning of approximately 77.9 acres to Medium Density Residential District (R-8) is gralited subject to the terms and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of 77.9 acres. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13 . AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BALDWIN PARK (AZ-OI-027) 158. The legal description for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686. 3. Developer shall be required to met the conditions set forth and in the event the conditions herein are not met by the Developer that the property shall be subject to de-annexation, with the City of Meridian, which provides for the following conditions of development, to-wit: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: I. The applicant shall. be responsible for designing and installing a new 12-inch diameter water main in Linder Road, from its current location at the intersection with Ustick Road. Sewer service for this development shall be provided by the White Drain Trunk. The City of Meridian is in the design phase of this trunk, with commencement of construction estimated at April of this year. The applicant shall be responsible to provide main connections to the White Drain Trunk to serve this development. 2. A Development Agreement shall be entered into between the City of Meridian and the Applicant as part of the Annexation application. The Developntent Agreement shall outline any phasing requirements and special conditions placed upon the Preliminary Plat application. Adopt the Recommendations of the ACHD as follows: 1. Applicant shall construct the following stub streets: f. At the north property line approximately 700 feet west of the east property line, as proposed; . . At t11e east prop~rty line approximately 100 feet south of the north property lme, as proposed; . . . . At the east property line approximately 150 feet north of the south property line; On the north property line approximately 750 feet east of the west propertyline; and On the south property line approximately 500 feet west of the east property fine. _ g. h. i. J. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14 -AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BALDWIN PARK (AZ-OI-027) 2. Due to the fact that Meridian School District does not want a vehicular access to the property to the future school site, the applicant should construct a pedestrian walkway to allow pedestrians to access the school site without utilizing the arterial roadway. Special Notification to Applicant 3. To be consistent with previous Facts and Findings and Commission action, the applicant should recognize that this development (the preliminary plat and conditional use) may be subject to any extraordinary impact fee or LID established by ACHD. Any implementation of extraordinary impact fees or an LID would first be subject to a public hearing. 4. To promote a safe pedestrian walkway on Linder Road, District staff recommends that the applicant work with the owner of the "out parcel" to the south to dedicate right-of-way and construct 5-foot concrete sidewalk. The following-Site Specific Requirements and Standard Requirements must be met or provided for prior to ACHD approval of the final plat: Site Specific Requirements: 5. Dedicate 48-feet of right-of-way from the centerline of Linder Road abutting the parcel by means of recordation of a final subdivision plat prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with ACHD Ordinance #195. The right-of- way purchase agreement must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission. 6. Construct a 5-foot wide detached concrete sidewalk on Linder Road located 2- feet within the new right-of-way. Coordinate the location and elevation' of the sidewalk with District staff. If the sidewalk meanders outside of the right-of- way, provide an easement for the sidewalk. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15 'AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BALDWIN PARK (AZ-OI-027) 7. Construct the main entrance to the subdivision, West Monument Drive, located 550~feet south of the north property line, as proposed. West Monument Drive shall be designed with 21-foot street sections on either side of a center median. The median shall be constructed a minimum of 4-feet wide (maximum 12-feet wide) to total a minimum of a 100~square foot area. The applicant will be required to dedicate 54-feet of right-of-way plus the additional width of the median. 8. Construct a protected left-turn lane at the site driveway, as determined by the traffic impact study that was subm.itted. The applicant shall coordinate the design and location with District staff. 9. Construct all public roads within the subdivision as 36-foot street sections with curb, gutter, and 5-foot wide concrete sidewalks within 50-feet of right-of- way. 10. West Monument Drive segments shall be designated as a collector roadway with no frant-on housing and access restrictions for this street segments shall be stated on the final plat. District policy requires that these street segments be constructed as 39-foot street section within 52-feet of right-of-way with curb, gutter and 5-foot wide concrete sidewalks. II. Construct a stub street that is located at the north property line approximately 700-feet west of the east property line, as proposed. 12. Construct a stub street that is located at the east property line approximately 100-feet south of the north property line, as proposed. 13. Construct a stub street that is located at the east property line approximately ISO-feet north of the south property line, as proposed. 14. Construct a stub street that is located on the north property line. approximately 750-feet east of the west property line. 15. Construct a stub street that is located on the south property line approximately 500-feet west of the east property line. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16 'AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BALDWIN PARlC (AZ-OI-027) 16. The applicant shall be required to install a sign at the terminus of these roadways stating that, ttTHIS ROAD WILL BE EXTENDED IN THE FUTURe. Coordinate the sign plan for the stub street, and the design of the turnaround (if necessary) "With District staff. 17. Construct an ACHD approved turnaround at the end of West Cresent Court, North Clearbrooke Place, North Buckstone Place and North Denali Place. Submit a design of the turnaround for review and approval by District staff. 18. The turnarounds shall be constructed to provide a minimum turning radius of 45-feet. The applicant shall also be required to provide a minimum of a 29- foot street section on either side of any proposed center islands within the turnarounds. The medians shall be constructed a minimum of 4-feet "Wide to total a minimum of a 100-square foot area. Dedicate 54-feet of right-of-way plus the additional width of the median. 19. Any proposed landscape islands/medians "Within the public right -of-way dedicated by this plat shall be owned and maintained by a homeowners associatioi1. Notes of this shall be required on the final plat. 20. Any existing irrigation facilities shall be relocated outside of the right-of-way. 21. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387- 6280 ("With file numbers) for details. 22. All utility relocation costs associated "With improving street frontages abutting the site shall be borne by the developer. 23. Other than the access point specifically approved "With this application, direct lot or parcel access to Linder Road is prohibited. Lot access restrictions, as required "With this application, shall be stated on the final plat. Standard Requirements: 24. Payment of applicable road impact fees are required prior to building construction in accordance "With Ordinance #195, also known as Ada County Highway District Road Impact Fee Ordinance. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 17 'AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BALDWIN PARK (AZ-OI-027) 25. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 26. It is the responsibility of the applicant to verify all existing utilities within the right~of~way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to call DIGLINE (1~800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 27. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District: The burden shall be upon the applicant to obtain written COnfirmation of any change from the Ada County Highway District. 28. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. Adopt the Meridian Fire Department Recommendations as follows: 1. A fire-flow of 1,000 gallons per minute shall be available for a duration of 2 hours to selvice the entire project. Fire hydrants shall be placed an average of 400' apart at approved locations. 2. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 3. Acceptance of water supply for fire protection is contingent upon acceptance of the water system by the City of Meridian. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 18 'AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BALDWIN PARK (AZ~01-027) 4. Final approval for fire hydrant location shall be by the Meridian Fire Department. 5. All turning radii shall be a minimum of 28' inside and 48' outside for the internal road system. 6. Insure that all yet undeveloped parcels are maintained free of combustible vegetation. 7. The roadways shall be built to Ada County Highway standards. 8. Any roadway greater than ISO' in length that is not provided with an outlet shall be required to have a turnaround; this requirement may apply during the phasing of the project. 9. Provide one additional access road to service Great Basin, White Sands, Biscayne Park and Melrose Parle Additionally, comply with the action of the City Council from their March 19,2002 meeting as follows: I. The typical Micro-path section is not approved as shown on the Preliminary Plat. All drainage shall be maintained within the 7 Ih foot area on either side of the micro-path, not drained to the fence line as shown on the Preliminary Plat. 2. A minimum three-foot-wide separation between the asphalt pathway and adjacent building lots has not been followed, (typical micro-path with drainage section). 3. Show the moving of phase lines for Phases 3 and 4. 4. Show existing and proposed easements on the plat as required by State Code and City Ordinance. 5. Within Settler's Irrigation District's letter dated March 19, 2002, they are requesting easements of 60 feet on the White Drain and 30 feet on the Coleman Lateral, which dimensions are not depicted on the most recently submitted preliminary plat. If joint trench is to be utilized for the Coleman Lateral FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 19 . AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BALDWIN PARK (AZ-OI-027) easement, a minimum 15-foot-wide easement will be required along the frontage of all lots on the east side of North Hyde Park Avenue. The preliminary plat needs to reflect compliance with agency approvals or written evidence from those agencies must be submitted if conflicting conditions of approval are agreed upon. Additionally, the District also requires the Coleman Lateral be tiled, and that the pressurized irrigation system be installed according to the District's standards and specifications. 6. Applicant has submitted a letter dated April 2, 2002, which addresses Settler's Irrigation District, and which is on file with the Meridian City Clerk's office. 4. The City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the annexation and zoning designation of the real property which is the subject of the application to (R-8) Medium Density Residential District, and Meridian City Code ~ 11-7-2. 5. Subsequent to the passage of the Ordinance provided for in section 4 of this Order the engineering staff of the Public Works Department shall prepare the appropriate mapping changes of the official boundaries and zoning maps as provided in Meridian City Code ~ 11-21-1 in accordance with the provisions of the annexation and zoning ordinance. NOTICE OF FINAL ACTION 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 is a person who has an interest in real property which may be adversely affected by the issuance or denial of the annexation and zoning and who may within twenty-eight (28) days after the date FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 20 'AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BALDWIN PARK (AZ-OI-027) of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the I F f/~ V -- day of ~ ,2002. ROLL CALL COUNCILIvlAN KEITH BIRD VOTED$L-- COUNCILWON1AN TAMMY deWEERD VOTED yec'----' COUNCILWON1AN CHERIE Mc CANDLESS VOTED $\- COUNCILMAN WILLIAM L.M. NARY VOTED$'-- MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: 4'-/6-192-- - VOTED MOTION: 1\\ APPROVE~ DISAPPROVED: -- Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and the City Attorney. 1- ":'<; Bydf~p-~~. Dated 1-17-02-/' City Clerk ~ Z:\WDrk\M\Meridian\Meridian 15360M\Baldwin Park Sub AZO 1-027 pro J -024 V ARO 1-020\AZPfCl FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 21 .AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BALDWIN PARK (AZ-OI-027) BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 04/02/02 IN THE MATTER OF THE ) REQUEST FOR PRELIMINARY ) PLAT FOR BALDWIN PARI( ) SUBDIVISION FOR 77.9 ACRES, ) LOCATED 1.4 MILE SOUTH OF ) MCMILLAN ROAD, EAST SIDE OF ) LINDER ROAD, MERIDIAN, ) IDAHO ) ) BY: CAPITAL DEVELOPMENT ) cn, ) APPLICANT ) ) Case No. PP-OI-024 FINDINGS OF FACT AND CONCLUSIONS OF LA \V AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT The above entitled matter coming on regularly for public hearing before the City Council on March 19,2002 and continued until April 2, 2002, and Shari Stiles, Planning and Zoning Administrator, Steve Arnold, and Vaughn Yorgason, appeared and testified, and the City Council having received a report from Brad Hawkins-Clark, Planner for Planning and Zoning, and the City Council having received as part of the record of this matter the recommendation to City Council of the Planning and Zoning Commission and the applicant having submitted the APRELIMINARY PLAT DESIGN ONLY, NOT APPROVED 'FOR CONSTRUCTION, A PORTION OF THE SOUTH Y2 OF THE NW 14 OF SECTION 36, TOWNSHIP 4 NORTH, RANGE 1 WEST; B.M., ADA COUNTY, IDAHO, C:\2000\07\Drawing"s\PrePlat\0704pre3.dwg Wed Mar 27, BALDWIN PARK SUBDIVISION, PRELIMINARY PLAT, DWG DATE: 03/15/01 MNM, DWG NO. 0704, SHEET 1 OF 1 PRE-3, \0704PRE3.dwg, STAMPED DATE: MAR 27 2002, PLANNER STEVE ARNOLD, BRIGGS ENGINEERING, INC., RAMON FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER - OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BALDWIN PARK SUBDIVISION / (PP-OI-024) 1 YORGASON, CAPITAL DEVELOPMENT, INC., DEVELOPER", submitted for preliminary plat approval and which preliminary plat for approval application is herein received and adjudged by the City Council pursuant to Meridian City Code I 12-3-3. Therefore the City Council makes the following findings: FINDINGS OF FACT 1. That the proposed development is in conformance with the Comprehensive Plan by reason of the fact that it lies within the existing Urban Area as defined in the Meridian Comprehensive Plan Gen.eralized Land Use Map, Infrastructure Planning Analysis Comprehensive J?lan and Map, adopted December 21, 1993, and the property is presently zoned Medium Density Residential District (R-8), and requires connection to the Municipal Water and Sewer System. [Meridian City Code S 11-7-2 D] 2. The preliminmy plat is in conformance with the Comprehensive Plan City of Meridian adopted December 21, 1993, Ordinance No. 629. 3. It is determined that Urban Services can be made available to accommodate the proposed development if the plat complies with the requirements and conditions hereinafter set fOlih as conditions of preliminary plat approval. 4. The proposed development is a continuity of the proposed development within the City=s Capital Improvement Program and if the conditions which are requested by~he PI~nner II for the Planning and Zoning Department and as proposed by the developer as stated Oil the preliminary plat there will be public financial capability of suppOliing services for the proposed development. 5. The development if built in accordance with the conditions and as proposed, will FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BALDWIN PARK SUBDIVISION / (PP-OI-024) 2 not create health, safety or envirorunental problems and there have been no specifics of any such concems brought to the Council's attention. 6. It is fOllnd that the Recommendation To City Council of the Planning and Zoning Commission is reasonable and appropriate for the conditions of approval of the preliminmy plat as hereinafter set forth. 7. The applicant has submitted for consideration ofthis approval drawing of the preliminary plat herein designated as: APRELIMINAR Y PLAT DESIGN ONLY, NOT APPROVED FOR CONSTRUCTION, A PORTION OF THE SOUTH Y2 OF THE NW 14 OF SECTION 36, TOWNSHIP 4 NORTH, RANGE 1 WEST, B.M., ADA COUNTY, IDAHO, C:\2000\07\Drawings\PrePlat\0704pre3.dwg Wed Mar 27, BALDWIN PARK SUBDIVISION, PRELIMINARY PLAT, DWG DATE: 03/15/01 MNM, DWG NO. 0704, SHEET 1 OF 1 PRE- 3, \0704PRE3.dwg, STAMPED DATE: MAR 27 2002, PLANNER STEVE ARNOLD, BRIGGS ENGINEERING, INC, RAMON YORGASON, CAPITAL DEVELOPMENT, INC., DEVELOPER@. DECISION AND ORDER Pursuant to the City Council's authority as provided ill Meridian City Code ~ 12- 3-5 and based upon the above and foregoing Findings of Fact which are herein adopted: IT IS HEREBY ORDERED AND THIS DOES ORDER 1. The Preliminary Plat ofthe applicant as evidenced by "PRELIMINARY ,PLAT DESIGN ONLY, NOT APPROVED FOR CONSTRUCTION, A PORTION OF THE SOUTH Y2 OF THE NW 14 OF SECTION 36, TOWNSHIP 4 NORTH, RANGE 1 WEST, B.M.,ADA COUNTY, IDAHO, C:\2000\07\Drawings\PrePlat\0704pre3.dwg Wed Mar 27, . FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BALDWIN PARK SUBDIVISION / (PP-OI-024) 3 BALDWIN PARK SUBDIVISION, PRELIMINARY PLAT, DWG DATE: 03/15/01 MNM, DWG NO. 0704, SHEET 1 OF 1 PRE-3, \0704PRE3.dwg, STAMPED DATE: MAR 272002, PLANNER STEVE ARNOLD, BRIGGS ENGINEERING, INe., RAMON YORGASON, CAPITAL DEVELOPMENT, INC., DEVELOPER", DEVELOPER is hereby conditionally approved; and 2. The conditions of approval are as follows to-wit: Adopt the Recommendations ofthe Planning and Zoning and Engineering staff as follows: 1. Sanitary sewer service to this site shall be via the proposed White Drain Tnmk. The City of Meridian is in the design phase of this trunk, with commencement of .. construction estimated at April of this year. The applicant shall be responsible to provide main connections to the White drain Trunk to serve this development. Applicant shall 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 Depariment. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of centerline 2. The applicant shall be responsible for designing and installing a new 12-inch diameter water main in Linder Road, from its cunent location at the intersection with Ustick Road. Applicant shall be responsible to construct the water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. 3. Applicant shall construct the following stub stree~s: a. At the n011h property line approximately 700 feet west of the east propeliy line, as proposed; b. At the east propeliy line approximately 100 feet south of the northpr~perty"line, as . proposed; . c. At the east property line approximately 150 feet north ofthe south property line; d. On the north property line approximately 750 feet east ofthe west propeliy line, and e. On the south property line approximately 500 feet west of the east property line. The Applicant shall work with the Police and Fire Departments to detem1ine emergency vehicle access needs to the middle school from the north. If the Police and Fire Departments concur that no vehicular access fi.-om the north is necessary, Applicant shall provide a pedestrianlbicycle cOlmection across the White Drain to access the school so FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BALDWIN PARK SUBDIVISION / (PP-OI-024) 4 future Baldwin Park students are not forced onto Linder Road. 4. The preliminary landscape plan (Sheet L-l, dated 3/21/01 by Land Group, Inc.) proposes a number of trees that exceed the minimum requirements of Ordinance 12- 13-7, Street Buffers, and Ordinance 12-13-13, Open Space. However, there are an insufficient number of trees shown within the micropath lots. Ordina11Ce 12-13-12.4, Micropath Landscaping, requires a minimum of one (1) deciduous tree per thirty- five (35) linear feet of path. Additional trees shall be added to the micropath lots to meet this ordinance at the time of Final Plat application. Applicant shall ensure that all trees are located outside of any sanitary sewer or irrigation easements. All subdivision perimeter landscaping shall be installed or 110% surety amount and bids submitted for required landscaping prior to City signature ofthe Final Plat. All other landscaping shall be installed prior to issuance of Celiificates of Occupancy. 5. A detailed landscape plan and an irrigation plan, including performmlce specifications, shall be submitted with each Final Plat application. 6, NO fencing details were submitted with the application. Permanent fencing shall be '.required adjacent to any existing agricultural uses. Applicant shall submit detailed fencing plans with the Final Plat application, including height, construction materials and location, and shall discuss conceptual fencing plans at the City Council hearing. In lieu of permanent fencing, temporary construction fencing shall be installed during construction on any lot to contain construction debris. All subdivision perimeter fencing shall be installed or 110% surety amount and bids submitted for required landscaping prior to City signature of the Final Plat. 7. Item #8 on the Preliminary Plat application states micropaths will be provided. In order for the linear open space lots to count toward the minimum 5% requirement, micropaths must be constructed as a requirement of the subdivision. Said pathways shall be a minimum of 5-feet wide and constructed of either asphalt or concrete. Applicant shall comply with all requirements of Ordinance 12-13-12, .Micropath Landscaping, and the four (4) foot high fence restrictions for all lots adjaceilt to the micropaths shall be noted on all Final Plats that include micropaths. The developer is responsible for the construction of fences adjacent to all micropaths and they shall be installed ?r 110% surety amount and bids submitted prior to City signature of the Final P1~t. 8. Applicant shall submit a cross-section of the micropath lots located within drainage. All micropath lots show a combination micropath/swale use except four (4) of the shorter pathway lots. The cross-sections shall demonstrate that all requirements of Ordinance 12-13-12, Micropath Landscaping, and all public safety concerns are adequately addressed through the conceptual design. Said cross sections were submitted with the revised plat, dated 2-11-02. Applicant shall be required to maintain all drainage on the micropath side of the fence, not along the fence line. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BALDWIN PARK SUBDIVISION / (PP-OI-024) 5 9. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. 10. Stornl water treatment and disposal shall be designed in accordance with Department of Environmental Quality 1997 publication, "Catalog ofStonn Water Best Management Practices for Idaho Cities and Counties" and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving strea1n provides wtitten authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells on the final plat. 11. Indicate any existing ditch easements on the Preliminary Plat map. The boundmies of the White Drain easement need to be defined, as well as the north-south ditch along the eastern end of the development and the east-west ditch along the northwest corner of the development. Please show all planned piping on the Preliminary Plat. 12.; The open detention ponds shown on the drainage plan show that a significant portion of the area proposed as common open area is now proposed for drainage detention. Detailed plans of these ponds will need to be reviewed to detennine if these areas are indeed usable as common area by all residents of the development. Detention ponds shall be designed such that accumulated water is disposed of within a 24-hour period. The City has been experiencing problems with groundwater in drainage areas, particularly those without an outflow to an existing drainage system. 13. Applicmlt has not indicated whether the pressurized irrigation system within this development is to be owned and maintained by the homeowners association or the Nampa & Meridian In-igation District. If the system is being proposed as a private system (R.O.A.), plans and specifications for the irrigation system shall be reviewed by the Public Works Department as part of the developm~nt plan review process. A draft copy of the pressurized in-igation system O&M manilal must be submitted prior to plan approvaL The City of Meridian requires that pressurized inigation 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 culinmy water system shall be required. If a single-poi.nt coiU1ection 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. If City water is proposed as a secondary source, developer shall be responsible to pay water assessments for the entire common open area. 14. Ordinance 12-4-13, Piping of Ditches, requires all irrigation ditches, laterals or canals, exclusive of natural waterways, to be covered and enclosed with tiling or other covering. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BALDWIN PARK SUBDIVISION / (PP-OI-024) 6 Applicant is proposing to leave the White Drain open. A fOlmal waiver request was not included with the application. If the Applicant proposes to not pipe the drain, he shall submit a written request stating how any public safety concerns will be addressed through fencing and/or other protective measures and the estimated pipe diameter required to pipe the drain. 15. Applicant shall confinn in writing and reflect on future detailed landscape plans that the micropath in Lot 2, Block 5 will extend across the Linder Road buffer to COilllect with the Linder detached sidewalk. 16. The Plmming and Zoning Commission recommends the east phase lines for Phases #3 and #4 be moved to the east to incorporate the primary north-south micropath lots (Lot 1, Block 14, and Lot 9, Block 7). 17. Applicant shall be required to comply with the following: a. A temporary emergency access/non-build agreement on Lot 15 Block 5, until a . pemlanent second access is provided to the subdivision; .b. An emergency access on Lot 9 Block 7 with 10-foot-wide asphalt, plus 5-feet on each side of grass-crete, shall be constructed prior to issuance of building permits in Phase 5. This emergency access shall become part of the pathway system upon a secondmy access of a roadway being available after Phase 4. This pedestrian pathway shall be a five-foot-wide pathway within a 30-foot common lot. Applicant shall also verify that tuming radii from this access comply with Fire Depmiment requirements. c. Verify adequate tuming radii for emergency vehicles. d. Emergency accesses shall be constructed prior to issuance of any building permits in Phase 2. e. A temporary emergency access shall be constructed on Lot 15, Block 5, prior to obtaining building pennits in Phase 2. A non-build agreement shall be entered into for this lot until a pennanentsecond access if:! provided to the subdivision. 18. Any existing domestic wells and/or septic systems within this project-will have to be removed from their domestic service per City Ordinance Section 5-7-517. \yells may be used for non-domestic purposes such as landscape irrigation. . 19. Please submit a copy ofthe Ada County Street Name Committee's firial approval letter for the subdivision name, lot and block numbering. Make any corrections necessmy to confonn. 20. Two-hundred-fifty- and 100-watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BALDWIN PARK SUBDIVISION / (PP-OI-024) 7 21. Assessment fees for water and sewer service are detennined during the building plan reView process. Adopt the Recommendations of ACHD as follows: 22. Due to the fact that Meridian School District does not want a vehicular access to the propelty to the future school site, the applicant should construct a pedestrian walkway to allow pedestrians to access the school site without utilizing the mterial roadway. Special Notification to Applicant 23. To be consistent with previous Facts and Findings and Commission action, the applicant should recognize that this development (the preliminmy plat and conditional use) rnay be subject to any extraordinmy impact fee or LID established by ACHD. Any implementation of extraordinary impact fees or an LID would first besubject to a public hearing. 24: To promote a safe pedestrian walkway on Linder Road, District staff recommends that the applicant work with the owner of the "out parcel" to the south to dedicate right-of-way and construct 5-foot concrete sidewalk. The following Site Specific Requirements and Standard Requirements must be met or provided for prior to ACHD approval of the final plat: Site Specific Requirements: 25. Dedicate 48-feet of right-of-way from the centerline of Linder Road abutting the par- cel by means of recordation of a final subdivision plat prior to issuance of a building pennit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair market value ofthe ~ight-of-way dedicated which is an addition to existing ACHD right-of-way if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with ACHD Ordinance #195. The right-of-way purchase agreement must be. completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission. ' 26. Construct a 5-foot wide detached concrete sidewalk on Linder Road located 2-feet within the new right-of-way. Coordinate the location and elevation of the sidewalk with District staff. If the sidewalk meanders outside ofthe right-of-way, provide an easement for the sidewalk. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BALDWIN PARK SUBDIVISION / (PP-OI-024) 8 27. Construct the main entrance to the subdivision, West Monument Drive, located 550- feet south of the north property line, as proposed. West Monument Drive shall be designed with 21- foot street sections on either side of a center median. The median shall be constructed a minimum of 4-feet wide (maximum 12-feet wide) to total a minimum of a 100-square foot area. The applicant will be required to dedicate 54- feet ofright-of-way plus the additional width of the median. 28. Construct a protected left-turn lane at the site driveway, as determined by the traffic impact study that was submitted. The applicant shall coordinate the design and location with District staff. 29. Construct all public roads within the subdivision as 36-foot street sections with curb, gutter, and 5-foot wide concrete sidewalks within 50-feet of light- of-way. 30. West Monument brive segments shall be designated as a collector roadway with no front-on housing and access restrictions for this street segments shall be stated on the final"plat. District policy requires that these street segments be constmcted as 39- foot street section within 52-feet of right-of-way with curb, gutter and 5-foot wide .. concrete sidewalks. 31. Construct a stub street that is located at the north property line approximately 700- feet west ofthe east propeliy line, as proposed. 32. Construct a stub street that is located at the east property line approximately 100-feet south of the north property line, as proposed. 33. Construct a stub street that is located at the east property line approximately 150-feet north ofthe south property line, as proposed. 34. Construct a stub street that is located on the north property line approximately 750- feet east of the west property line. 35. Construct a stub street that is located on the south property line appro"ximately 500- feet west of the east property line. 36. The applicant shall be required to install a sign at the terminus ofthese roadways stating that, itTHIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street, and the design of the turnaround (if necessary) with District staff. 37. Construct an ACHD approved tumaround at the end of West Cresent Court, NOlih Clearbrooke Place, North Buckstone Place and North Denali Place. Submit a design of the tumaround for review and approval by District staff. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BALDWIN PARK SUBDIVISION / (PP-OI-024) 9 ,. I 38. The tumarounds shall be constructed to provide a minimum tuming radius of 45- feet. The applicant shall also be required to provide a minimum of a 29-foot street section on either side of any proposed center islands within the tumarounds. The medians shall be constructed a minimum of 4-feet wide to total a minimum of a 100- square foot area. Dedicate 54-feet of right-of-way plus the additional width ofthe median. 39. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this shall be required on the final plat. 40. Any existing ilTigation facilities shall be relocated outside ofthe right-of-way. 41. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. 42. All utility relocation costs associated with improving street frontages abutting the ... site shall be bome by the developer. 43. Other than the access point specifically approved with this application, direct lot or parcel access to Linder Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. Standard Requirements: 44. Payment of appl icable road impact fees are required prior to building construction in accordance with Ordinance #195, also known as Ada County Highway District Road Impact Fee Ordinance. 45. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify ~11 improvement plans. 46. It is the responsibility of the applicant to verify all existing utilities within the right- of-way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to call DIGLINE (1-800-342- 1585) at least two full business days prior to breaking ground within ACHD right-of- way. The applicant shall contact ACHD T~affic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of constructi on. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BALDWIN PARK SUBDIVISION / (PP-OI-024) 10 47. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative ofthe Ada County Highway District. The burden shall be upon the applicant to obtain written confinnation of any change from the Ada County Highway District. 48. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject propeliy unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. Adopt the Meridian Fire Department Recommendations as follows: 49. A fire-flow of 1,000 gallons per minute shall be available for duration of2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apmi at 'approved locations. 50. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 51. Acceptance of water supply for fire protection is contingent upon acceptance of the water system by the City of Meridian. 52. Final approval for fire hydrant location shall be by the Meridian Fire Department. 53. All turning radii shall be a minimum of28' inside and 48' outside for internal road system. 54. Insure that all yet undeveloped parcels are maintained free of combustible vegetation. 55. The roadways shall be built to Ada County Highway standards. 56. Any roadway greater than 150' in length that is not provided with an outlet shall be required to have a turnaround; this requirement may apply during the phasing of the project. 57. Provide one additional access road to service Great Basin, White Sands, Biscayne Park and Melrose Parle. Adopt the Recommendations of the Central District Health Department as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BALDWIN PARK SUBDIVISION / (PP-OI-024) 11 58. 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. 59. Run-off is not to create a mosquito breeding problem. 60. Stom1water shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. The Engineers and architects involved with the design ofthe subject project shall obtain CUlTent best management practices for stormwater disposal and design a stOlIDwater management system that prevents groundwater and surface water degradation. Additionally, comply with the action of the Council from their meeting held on Tuesday, April 2, 2002, as follows: The following renwin to be incorporated into the latest plat dated March 27, 2001 " 61. The typical Micro-path section is not approved as shown. All drainage shall be maintained within the 7 Y2 foot area on either side of the micro-path, not drained to the fence line as shown. 62. A minimum three-foot-wide separation between the asphalt pathway and adjacent building lots has not been followed, (typical micro-path with drainage section). 63. Show the moving of phase lines for Phases 3 and 4. 64. Show existing and proposed easements on the plat as 'required by State Code and City Ordinance. 65. Within Settler's Irrigation District's letter dated March 19,2002, they arereq\lesting easements of 60 feet on the White D1"ain and 30 feet on the ColemanLateral, which dimensions are not depicted on the most recently submitted preliminary plat. If joint trench is to be utilized for the Coleman Lateral easement, a minimum 15-foot-wide easement will be required along the frontage of all lots on the east side ofNOlih Hyde Park Avenue. The preliminary plat needs to reflect compliance with agency approvals or written evidence from those agencies must be submitted if conflicting conditions of approval are agreed upon. Additionally, the District also requires the Coleman Lateral be tiled, and that the pressurized in'igation system be installed according to the District's standards and specifications. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BALDWIN PARK SUBDIVISION / (PP-OI-024) 12 l (. / 66. Applicant has submitted a letter dated April 2, 2002, which addresses Settler's lITigation District, which is attached hereto as Exhibit "A". By action of the City Council at its regular meeting held on the IGfb- day of /1r,/1~ , 2002. ROLL CALL COUNCILMAN BIRD VOTED ~tL VOTED~ COUNCILWOMAN deWEERD COUNCIL WOMAN McCANDLESS VOTED ~~ COUNCILMAN NARY VOTED f;j<-..0.- - MAYORROBERTDm (TIE BREAKER) ~, VOTED -- Copy served upon Applicant, The Plam1ing and Zoning Depmiment, Public 'Yt,0rks'i1<"i0>:1i("f:',:,o, Department and City Attomey. .,\~+~." . '.~ Bydl~~~9-- Dated: ~(J2l" City Clerk . ~ :.:,; ;1, '\~ ~~ "11 .' ~. $.: .~< ~~; Z;\ W ork\M\Merid i un\Mcridi an 15 360M\BoJd wi n Pa rk Sub 1'1'0 1-024 V A RO 1-020\FfClsOrd 1'1'. doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BALDWIN PARK SUBDIVISION / (PP-01-024) 13 ( i BRIGGS ENGINEERlNG!llnc. ENGINEERS! Pl.ANNERS! SURVEYORS 1800 West Overland Road Boise, Idaho 83705 ~ 3142 Voice (208) 344-9700 Fax (208) 345-2950 stevea@briggs-engineering.com WVoNI. briggs-engineering .com April 2, 2002 Faxed Direct, 343-1642 Nathan Draper, Manager Settlers Irrigation District P.O Box 7571 Boise, Id. 83707 RE: Baldwin Park Subdivision, Coleman Lateral & the White Drain Dear Nathan, Per our meeting I am modifyir)g the preliminary plat to provide a 50-foot wide lot along our south boundary that will be utilized for the White Drain. Within the 50~foot wide lot we will provide a 15 to 20-foot clear surface along the north property line of that lot and the actual drain itself will reside south of the clear area. The Settlers Irrigation District will share a 1 O-foot wide maintenance road along our south boundary that will be utilized by both the Meridian Public Works for their sewer line and the Irrigation District for the White Drain. As we discussed at our meeting the Coleman Lateral will be piped from the east property line to the first public street, Hyde Park Avenue, in a common lot. This segment will be within a 12-foot wide common lot with 9-foot easements on the adjacent lots. The easement and common lat will total 30-feet. The segment constructed along the Hyde Park Avenue right-af-way to the south property line will be located at the edge of the public right-of-way, in the front of the adjacent lots. Those lots will have a 15-foot wide easement in their front yards to accommodate the easement. Where the lateral is piped south of Yosemite Drive, it will lie with in a 3D-foot easement (15-feet on either side of a lot line). The City of Meridian has requested that I provide a letter, prior to tonight's hearing, outlining our meeting in regards to the above-mentioned easements. I understand that you are busy this week preparing for irrigation entering the canals. Will you please sign this letter below and fax it back to me so that I may have a response agreeing to the easements prior to tonight's hearing. If you require additional information you may contact me a 344-9700 and I will provide it to you immediately. Thank you for your assistance with this matter. Sinoore5J'~ II / Steve Arnold Project Manager/Land Use Planner Nathan Draper, Manager Settlers Irrigation District .0704/Settlers letter txJz(h/~f Ih'I BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE ) APPLICATION OF CAPITAL ) DEVELOPMENT, CO., FORA ) VARIANCE OF THE 1,000 FOOT ) BLOCK LENGTH FOR ONE SIDE ) OF TWO BLOCKS WITHIN THE ) SUBDIVISION FOR BALDWIN ) PARK IN PROPOSED R-8 ZONE, ) LOCATED ]/4 MILE SOUTH OF ) MCMILLAN ROAD,.EAST SIDE ) OF LINDER ROAD, MERIDIAN, ) IDAHO ) C/C 04/02/02 VAR-OI-020 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING A VARIANCE The above entitled matter coming on regularly for public hearing before the City Council on March 19,2002 and continued until April 2, 2002, and Shari Stiles, Planning and Zoning Administrator, and Steve Arnold, and Vaughn Yorgason, appeared and testified, and the City Council having received the transmittal to agencies and having received the variance application, having heard the testimony presented, being fully advised in the premises does hereby make the following Findings of Fact and Conclusions of Law and Order of Decision,. as follow~ to-yvit: FINDINGS OF FACT 1. The City Council takes judicial notice of its Zoning, Subdivisions and Page 1 of 9 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE I V AR-O 1-020 CAPITAL DEVELOPMENT, CO. I BADL WIN P ARI( SUBDIVISION Development Ordinances codified at Title II Municipal Code of the City of Meridian and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian adopted December 21, 1993 Ordinance #629 - Janumy 4, 1994 and Maps. 2. The requirements of Idaho Code 99 67-6509, 6516 and Meridian City Code 99 11-15-5 and 12-11-3 as evidenced in the record of this matter. 3. The Applicant is Capital Development, Corporation, whose address is 2304 N. Cole Road, Boise, Idaho 83704. 4. The owners of the property are J. Ramon Y orgason and Marilyn Y orgason, husband and vvife, whose address is 2304 N. Cole Road, Boise, Idaho 83704. 5. The location of the subject property is presently located approximately Y4 mile south of McMillan Road on the east side of Linder Road; located in the SOlLth 1/2 of the NW Y4 of Section 26, TAN., R.l W., within a RT, with an R-8 requested. 6. The legal description of the property appertains to the real property that is included \'Vithin the Vicinity Map, and is attached hereto as Exhibit "A" and consisting of two pages, and as the legal description appears in the record of proceeds of this matter, and which is on file with the Meridian City Clerkls office. 7. The present land use of subject property is presently zoned as RUT (Rural Urban Transition), and which subject property is presently vacallt land. 8. The proposed land use of subject property is to develop the subject FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / V AR-O 1-020 CAPITAL DEVELOPMENT, CO. / BADLWIN PARK SUBDIVISION Page 2 of 9 property in the following manner: develop a singlewfamily residential subdivision consisting of 272 dwellings, with approximately 10.2 acres of open space on 14 common lots, including two 1 + acre pocket parks, and .4 acres in 2 landscape buffer lots along Linder Road. 9. That a vicinity map, attached hereto as Exhibit "At> and consisting of two pages, of the proposed scale approved by the City Council showing property lines, existing streets, proposed district and such other items as required have been furnished. 10. The Applicant seeks a variance of the following provision of the Meridian City Code, S12-4-5, BLOCKS, and in the RUT zone if granted the rewzone, which prov~des, as follows: 12-4-5 BLOCKS: EvelY block shall be so designed as to provide two (2) tiers of lots, except where lots back onto an arterial street, natural feature or subdivision boundary. Blocks shall not be less than five hundred feet (5001) nor more than one thousand feet (1,000') in length. 11. Ail property owners within three hundred feet (300') of the external boundaries have been notified by mail, and their mailing addresses may be obtained from the list on file with the Planning and Zoning Department. 12. The characteristics of the subject property which prevent cOl~1plia'nce with the requirements of the ordinance are that if they are to maintain good interior traffic circulation, provide pocket parks, micro-paths and comply with. dimensional FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE I V AR-OI-020 CAPITAL DEVELOPMENT, CO. I BADLWIN PARK SUBDIVISION Page 3 of 9 lot requirements, the variance will be needed Two of the blocks within the subdivision exceed the 1,000' maximum by 143' x 154'. Each of the streets has an intersecting street on one side (T-intersection) within the block as well as micro-paths to break up the block lengths and to provide pedestrians mid-block access. The T- intersections and micro-paths serve to reduce the block length. 13. The difficulty or hardship which would result if the requirements of the ordinance were applied to the subject property is that if applicant is required to put in mid-block streets they will lose the mid-block micro-paths. Both cannot be feasibly provided in the same short block and the micro-paths will be more important to the residents than all additional street that is only 200' in length. 14. The unusual or peculiar circumstances which indicate that regulations of the ordinance should not be strictly complied with, and the special conditions and circumstances that exist, are that providing a short mid-block street would inhibit good traffic circulation and eliminate a mid-block micro-path. The location of the micro- paths, one of the pocket parks and the White Drain make the layout of this subdivision unique to its location. 15. A literal interpretation of the provisions of the ordinance would ~eprive the Applicam rights because the development of a mid-block street wOllld destroy the integrity of the block, would be repetitive, unnecessarily add to development cost and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / V AR-OI-020 CAPITAL DEVELOPMENT, CO. / BADLWIN PARK SUBDIVISION Page 4 of 9 would serve no useful purpose. Other developments have been granted block. length variances under similar circumstances. 16. The existence of special circumstances or conditions affecting the property is that the existing configuration of the property is not a result of actions by the applicant. 17. Granting the variance would maintain rights which would be afforded to others in the same situation. The variance requested is not out of convenience but from necessity. The pocket park location and micro~paths makes designing shorter block lengths difficult. The variance is not profit oriented, it is due to practicality. IS. The Comprehensive Plan for the RUT District is to encourage compatible infill developm.ent which would improve the existing neighborhoods, and the recognition that land development regulations shall be revised to encourage the infilling of existing vacant parcels within the city limits. 19. The variance would convenience the applicant, but to provide for the same ability to develop the land with the specified limitations that other property owners in the district could achieve without such variances. The variance would not constitute any special privilege for the property owner that could not be sought by owners ~f other land. 20. The granting of the requested variance will not be detrimental to the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / V AR-OI-020 CAPITAL DEVELOPMENT, CO. / BADLWIN PARK SUBDIVISION Page 5 of 9 ( Public's welfare or injurious to other property in the area of the proposed plat, and, in fact, the development of the plat in accordance vvith the conditions of approval and the requirements of the Subdivision Ordinance 'Will prevent the conditions which are the source of the complaints raised in the public hearing of this matter. 21. The granting of this variance will not have an effect of altering the interest and purpose of the Subdivision or Development Ordinance and/or the City's Comprehensive Plan for the reasons stated above. 22. The applicant paid the fee established by the City Council for application variance. 23. The applicant shall comply 'With the Meridian Fire Departments . requirements listed in their March 18, 2002 letter. CONCLUSIONS OF LAW 1. The City of Meridian has authority pursuant to the enactment of the Local Land Use Planning Act of 1975 codiEied at Chapter 65, Title 67, and in particular, by the provisions of Idaho Code S 67-6516 to provide as part of its zoning ordinance for the process of applications Ear variance permits. 2. The City of Meridian has exercised its authority oE Idaho Code S 6.1-6516 by the enactnient as a part of its Zoning and Development Ordinance variances, as set forth in Meridian City Code S 11-18. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / V AR-O 1-020 CAPITAL DEVELOPMENT, CO. / BADLWIN PARK SUBDIVISION Page 6 of 9 3. That the requirements for the processing of a variance request are set forth in Idaho Code S 67~6509, 6516 and Meridian City Code ss 11-15-5 and 11-17-5. " 4. Application and standards for variances are set forth in Meridian City Code s 11-18-2, and the findings which are required are set forth in Meridian City Code S 11- 18-3, include required findings that there are special circumstances or conditions affecting the property that strict application of the provisions of Zoning and Development Ordinance would clearly be impracticable and unreasonable, and a finding that strict compliance with the requirements of the Zoning and Development Ordinance would result in extraordinary hardship to the owner, subdivider or developer because unusual topograr:ihy, the nature or condition of adjacent development, or other physical conditions or other conditions that make strict compliance with the ordinance unreasonable under the circumstances, or that the conditions and requirements of said ordinance "viII result in inhibiting the achievements or the objectives of the ordinance, and that the granting of a specified variance "vill not be detrimental to the public's welfare or injurious to other property in the area in which the property is situated, and that such variance will not have the effect of altering the interest and purposes of the Zoning and Development Ordinance and the Meridian Comprehensive Plan. . 5. Meridian City Code, S 12-4-5, BLOCKS, and in the RUT zone if granted the re-zone, provides as follows; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / V AR-OI-020 CAPITAL DEVELOPMENT, CO. / BADLWIN PARK SUBDIVISION Page 7 of 9 12-4-5 BLOCKS: Every block shall be so designed as to provide two (2) tiers of lots, except where lots back onto an arterial street, natural feature or subdivision boundary. Blocks shall not be less than five hundred feet (500') nor more than one thousand feet (1,000') in length. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does Order: 1. That the Applicant is hereby granted a variance from the 1,000 foot minimum block length requirement for block lengths for one side of two blocks within the subdivision in the RUT zone. Additionally, the appliCa11t shall comply with the Meridian Fire Departments requirements listed in their March 18, 2002 letter. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian. Pursuant to Idaho Code Section 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 a variance authorizing a variance of the Block Requirements in the RUT Zone as provided in the Section 12-4-5 and 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE I V AR-O 1-020 CAPITAL DEVELOPMENT, CO. / BADLWIN PARK SUBDIVISION Page 8 of 9 By action of the City Council at its regular meeting held on the I b~av ~ of ~ ,2002. ROLL CALL: COUNCILMAN KEITH BIRD VOTED~ VOTED$a- COUNCILWOMAN TAMMY deWEERD COUNCILMAN WM. L. M. NARY VOTED $6- VOTED*i:L COUNCILWOMAN CHERIE McCANDLESS MAYOR ROBERT D. CORRIE (TIE BREAI<;f) DATED: --I b -Oz,- VOTED MOTION: APPROVED:~ DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department, and the City Attorney office. &",--0.;{~'.'~j.G .";". } f,:.y~ .;f~~' .c~ ./~t-~ 1-17-02-1. ByJl~~ft~/~ City Clerk Dated: Z:\Work\M\Meridian\Meridiall I 5360M\Baldwin Park Sub PPO I -024 V AROI -020\FfClsGranlVariance,doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / V AR-O 1-020 CAPITAL DEVELOPMENT, CO. / BADL WIN PARK SUBDIVISION Page 9 of 9 I "------- '-- rr= ~~ ~~ I I ~h1:~ , ~i-t~ H~ I I I ~ -:<~I~ (/. .......-:~ / ,..[ ~aif!'; ;M1~~f: Yi .'1- ;..: \ :i ~ ll!/ ~oJ^ BRIGGS ENGINEERING, INC. .........-::: -"""'''' -........ (( BRIGGS -........::: .JC ~ (208) 344-9700 1800 W, OVERLAND ROAD BOISE, IDAHO 83705 o ou. r 'U1 n \1 U"AAIII "'" - - n II / Out / ) -LLI r ,'I ;A. ',L ~'~."".."":'-";'" ,.', Il~"',"'::';"',,.,_',':",;'_:.,',:,"',""',': J~..; ~,. ' .:::t ,.,,' ::',',: ~,' ,'.~ ~ '-of,.":'; ~:W H:'<".... .';.... 0: '1'" "'.P"1 .k-I... '." ,EEftEE t'lll '11 II. ~ - 2 C f-- "or 1 I 'U1 ------ -.....j ~ - ~ -~."'~ =s 2",,_ .. ~~y I i~~~r~ r&~)6' I,::j o .1 I c< 1Jm A \~~t1 ,fa "<lY y ~ In I 1: 1/2 MILE VICINITY MAP our ,,~ " :-rc: 1000 ""1"~II'lIAtJ CITY LIMITS l r -. W. USTICK ROAD :...::. I- L " '- I " , L-J 11 rt= ", \ ~ 7 7 11~ ... ~ BALDWIN PARK SUBDIVISION ) PORTION OF THE NW 1/4 OF SECTION 36, TAN., R.1W., B.M.. MERIDIAN, ADA COUNTY, IDAHO DESIGN T DRAFT BKB SCALE I DATE 1" = 1200' 03114101 I DWG. NO. 0704 ~)clz/h/f ;11/ I {)f;2 our "., N 1 I co ;.,-- 'r -, . I I I REVISION SHEET - '" ~-, ..... z LaB '---- ~~~~'r-- " 1 -----, .:__J 1 OF 1 \0704.APR (/ i RUT I I ...~..(( ( ,..-- r--- W. 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I.. if. 4. 6 1 1.:1 J ...1 ~c,' * ~ u n]1 T""j;"""" ~t---;- . !i' -:- - I Ct. 10 I I g ~I I 01117 I 1~ 1:;- - ~ ~_...., '\......-L-- 11 III ~ S . 1"- I -I ..., i:iI I:l' 111 III -I.! ~I V"j,ll I'\~ ~ ."~ ;',." .. " "" " ""\/:",i./'~ 1"1"1"1":""/,;. ""':,l'.': l, ';"I~",'\:'):'\i . . , fl.. , '. i .. _'.,._ 8(..,.. .~; . .". t...., ;'._c: ,r~. / ~~, L,.. I '~ \ RUT~ - ------~r___J VICINITY MAP /"" -.....'" :--...... BRIGGS ENGINEERING, INC. BALDWIN PARK SUBDIVISION ( BRIGGS --.........:::: ,.e ~ (208) 344-9700 1800 Wi OVERLAND ROAD BOISE, IDAHO 83705 )) PORTION OF THE NW 1/4 OF SECTION 36, T.4N" R.IW., B.M., MERIDIAN, ADA COUNTY, IDAHO DESIGN SCALE I DATE 1" = 600' 03114101 I DING. NO. 0704 DRAFT BKB 6P /b/I 111 u ~ of d- r-- REVISION SHEET 10F1 10704.APR April 1 2, 2002 Consent Agenda MERIDIAN CITY COUNCIL MEETING APPLICANT April 16. 2002 ITEM NO. 3-f.; REQUEST Approve Streetlight Agreement -- Bear Creek Subdivision 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: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: See Attached Agreement OrfrrO ~ CUlt! r . Contacted: Date: Phone: Materials presented at public meetings shall become property of the CIty of Meridian. STREET LIGHT AGREEMENT This Street Light Agreement is made and entered into between the CITY OF MERIDIAN and Bear Creek L.L.C., pertaining to the street lights in Bear Creek Subdivision No.3, a residential development in Meridian, Idaho. For good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: 1. Bear Creek L.L.c., has provided 6 street light poles, concrete pole bases, fixtures, bulbs, and components to tne residential development known as Bear Creek Subdivision NO.3 in Meridian, Idaho. The parties acknowledge that 6 street light poles and appurtenances were specially ordered items, not customarily used in residential developments in Meridian,. Idaho. 2. Bear Creek L.L.c., or it's assigns, agree to replace, repair and provide any required maintenance of any of the above mentioned street lights, and/or appurtenances thereof, that may hereafter be broken, damaged, or deteriorated, or require maintenance, at its own expense; and it is further agreed that Bear Creek L.L.C., 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 burn 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 6 street lights located in Bear Creek Subdivision No.3 in the usual and customary manner. 4. It is agreed that the City of Meridian, because Idaho Power Company will not maintain the bulbs and ballast or provide any maintenance, will enter into. a Schedule 40 Agreement with Idaho Power Company, and not a Schedule 41 Agreement, which in proper cases provide that Idaho Power Company would provide ma.iOtenance, bulbs, and ballast. It is also agreed that lighting served under the Schedule 40 Agreement must be controlied by a photo electric device of the <<fail off' type. 5. It is understood and agreed that Bear Creek L.L.C. will assign its rights and obligations hereunder to Bear Creek Subdivision No. 3 when said Homeowners Association is formed and operational. . BEAR CREEK SUBDIVISION NO.3 STREET LIGHT AGREEMENT Page 1 This AGREEMENT shall be binding on successors and assigns, and the CITY OF MERIDIAN. . its heirs, Dated this day of ,20 CITY OF MERIDIAN, a municipality and Political subdivision of the State of Idaho By Robert D. Corrie, Mayor ATTEST: William G. Berg, Jr., City Clerk Bear Creek L.L. C. ') By ~ ~-1L~ t:7 c:;7' Managing Member ATTEST: . BEAR CREEK SUBDIVISION NO.3 STREET LIGHT AGREEMENT Page 2 ST ATE OF IDAHO, ) ss. County of Ada, ) On this _ day of , 20----> before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT D. CORRIE and Wll...LIAM G. BERG, JR., known to me to be the Mayor and City Clerk of the CITY OF MERIDIAN, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. SEAL NOTARY PUBLIC FOR IDAHO RESIDING AT MY COMMISSION EXPIRES STATE OF ,) ,) ss. County of On this ~ day of A,orr I , 20~ before me, the undersigned, a Notary Public In and for said State, I personally appeared G r-e ~To h 11 .s 0 n and known to me to e the Managing Member and of Bear Creek L.L.c., and who executed the within instrument on behalf of said corporation, and acknowledged to me that said corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. $~,lIU"", ~'\~ lIt". ......' \:.~ L. B O.h "; '~...... ~. ....... <v~ '" '. . Y .0 o. \.,.~ .,. $ 00. ~ E ~: o1A.R}'" \ : :: ...;: \t<: N. odP . _ :: ; - ,... : ~ J... . ...v... ~ ~... PUB\-" /0 $ ':..0 0- ...~ ~ ~... 0" ,,0 .;;:f... ...; v.,. -Oooe 000 :\) 1j.' '\--. ;"1 -1l'E of"\ ~........ i4il ",\. "",nll" ~~~C cK Q;~ NOT Y PUBLIC FOR IDAH . RESIDINGAT ~i)~~' .=r-&.~ MYCOMMISSION XPIRES f?!.)9/OJ.oo , r , BEAR CREEK SUBDIVISION NO.3 STREET LIGHT AGREEMENT Page 3 BEFORE THE MERIDIAN CITY COUNCIL C/C 04-02-02 IN THE MATTER OF THE ) APPLICATION OF WILDWOOD ) DEVELOPMENT, LLC, THE ) APPLICATION FOR ) ANNEXATION AND ZONING ) OF 5.81 ACRES FOR ) PROPOSED COOPER CANYON ) SUBDIVISION, LOCATED EAST ) OF NORTH LOCUST GROVE ) ROAD AND SOUTH OF EAST ) WILSON LANE, MERIDIAN, ) IDAHO ) Case No. AZ-02-002 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING The above entitled annexation and zoning application having come on for public hearing on April 2, 2002, at the hour of 6:30 p.m., and Shari Stiles, Planning and Zoning Administrator, Barry Semple, Chris Findlay, and David Callister, appeared and testified, and the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact.and Conclusions of Law, and Decision and Order: FINDINGS OF FACT 1. There has been compliance with all notice and hearing requirements set forth in Idaho Code ss 67-6509 and 67-6511, and Meridian City Code ss 11-15-5 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1 .AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/COOPER CANYON (AZ-02-002) and 11 ~ 16~ 1. 2. The City Council takes judicial notice of its zoning, subdivisions and development ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning maps thereof, and the Comprehensive Plan of the City of Meridian adopted December 21,1993, Ordinance No. 629, January 4,1994, and maps and the ordinance Establishing the Impact Area Boundary. 3. The property which is the subject to the application for annexation and zoning is described in the application, and is approximately 5.81 acres in size, is located east of North Locust Grove Road and south of East Wilson Lane, all within the Area of Impact of the City of Meridian and the Meridian Urban Service Planning Area. 4. The owner of record of the subject property is the Lawrence Tuckness Trust of Meridian, Idaho; and the applicant is Wildwood Development, LLC of Boise, Idaho. 5. The property is presently zoned by Ada County as RUT and consists of vacant land. 6. The Applicant requests the property be zoned as R-40, with intent to construct a twenty~two (22) 4-plex structures (88 total units) for a proposed variety of residential and commercial projects, which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject FINDINGS OF FACT AND CONCLUSIONS OF LAW ~ Page 2 . AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/COOPER CANYON (AZ~02~002) property as Mixed Planned Use Development. 7. The subject property is bordered to the north and east by City of Meridian zoning of C-G and I-L respectively, and to the south and west by Ada County zoning of RUT. 8. There are no significant or scenic features of major importance that affect the consideration of this application. 9. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction, public facilities and services required by the proposed development will not impose expe11se upon the public if the following conditions of development are imposed: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. Any existing domestic wells and/or septic systems within this project shall be removed from their domestic service per City Ordinance Section 5-7- 517. Wells may be used for non-domestic purposes such as landscape irrigation. 2. A development agreement shall be required as part of this annexation req uest. Adopt the Recommendations of the ACHD as follows: Special Recommendations to the City of Meridian and the Meridian Fire Department: a. Applicant should be required to construct an emergency turnaround located in the center of the proposed subdivision. Applicant should be required to work with the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 . AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/COOPER CANYON (AZ-02-002) Fire Department staff for the location of the emergency turnaround. Site Specific Requirements: 1. Construct curb, gutter, 5-foot wide concrete sidewalk, and match paving on Wilson Lane abutting the parcel. Improvements shall be constructed to match existing improvements. 2. Driveways on Wilson Lane shall be located a minimum of 50-feet from any public street intersection. The applicant is proposing to locate the driveway approximately 100~feet east of the west property line. This location meets District policy and is approved with this application. The applicant is required to pave the driveway to its full-required width of 24 to 30~feet and to a point 30-feet beyond the edge of pavement of Wilson Lane. 3. Applicant is propoSing an "emergency access only" located approximately 190~ feet north of the south property line. This access is to be signed "emergency accessol1.ly" and/or install bollards for emergency access only. The applicant is required to pave this access 16 to 20~feet in width and to a point 30-feet into the project. This emergency access meets District policy and shall be approved with this application. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. 5. Meet District drainage requirements per section 8000 of the ACHD Development Policy Manual. 6. If utility relocation is necessary to construct improvements required with this development, then all utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7. Any existing irrigation facilities shall be relocated outside of the right-of~way. 8. Applicant shall also comply with all of ACHD's Standard Requirements listed in their report dated January 25, 2002. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 . AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/COOPER CANYON (AZ-02-002) Adopt the Recommendations of the Meridian Fire Department as follows: I. That a fire-flow of 1,000 gallons per minute shall be available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A. 2. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 3. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 4. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. 5. All internal roads shall have a minimum radius of 28' inside and 48' outside radius. 6. The roadways shall be built to Ada County Highway Standards. 7. An approved temporary turn-around is required for any dead-ends over 150'. 8. The project shall be required to have an approved means of accessing a public road. Adopt the Recommendations of the Parks Department as follows: 1. A 10' wide hard surface for a pedestrian pathway shall be provided along the Jackson Drain on the north side. The pathway shall include a 10' wide landscaped buffer on. both sides, and which shall be maintained by the developer. The pathway shall connect to the Elliot Park Subdivision path. It would be acceptable for the 19' wide pathway to be an easement or common lot deed when completed. Additionally, comply with the action of the City Council from their meeting of April 2, 2002 as follows: 1. Two amenities are required as part of the Planned Development. The applicant is proposing in excess of 10% of open space and the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 'AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/COOPER CANYON (AZ-02-002) pathways are two amenities. Additionally, the applicant shall also provide a sport court of approximately 2,500 to 3,000 sq. ft. within the approximately 15,OOO-foot common area open space. The applicant shall also provide a revised Site Plan indicating the location of the sport court, as well as the material it is to be constructed with. The sport court shall be approximately half the size of a regulation basketball court and will contain at least one basketball standard and other play equipment that may be acceptable by the staff. 10. It is found that if the developer pays for the requested improvements and complies with the conditions set forth in these Findings of Fact No.9, and all sub~parts, the economic welfare of the City and its residents and tax and rate payers will be protected, a condition of annexation and zoning designation. II. It is also found that the development considerations as referenced in Finding No.9 are reasonable to require and must be taken into account, in order to assure the proposed development is designed, constructed, operated and maintained in a manner which is harmonious and appropriate in appearance with the existing, or intended character of the general vicinity, in order to assure that the proposed use "will not change the essential character of the affected vicinity and will insure that the proposed uses will not be hazardous or disturbing to the' existing, or future neighboring uses, particularly considering the impact of proposed development. on potential to produce excessive traffic, noise, smoke, fumes, glare and odors. Bllt, additional landscaping buffers and design features will be required to make the proposed use more harmonious with the general vicinity and to comply with City FINDINGS OF FACT AND CONCLUSIONS OF LAW ~ Page 6 'AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/COOPER CANYON (AZ-02-002) ( Ordinances. 12. It is found that the zoning of the subject real property as High Density Residential District (R-40) requires connection to the Municipal Water and Sewer systems and will be compatible with the Applicant's development intentions, and ,viII assure that the zoning is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Mixed Planned Use Development. 13. The subject annexation request and zoning designation and proposed development relates and is compatible to the goals and policies of the Comprehensive Plan .of the City as follows: Goal Sections: Goal 4, Goal 8 Economic Development Chapter 3.1 U, 3.2U Land Use Chapter 2.1U Transportation Chapter 1.19U, 1.14, 1.19 Community Design Chapter 6.2U,6.11U 15. The property can be physically serviced with City water and sewer, since the applicant has extended the lines. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/COOPER CANYON (AZ-02-002) CONCLUSIONS OF LAW 1. The City of Meridian has authority to annex real property upon written request for annexation and the real property being contiguous or adjacent to city boundaries and that said property lies within the area of city impact as provided by Idaho Code Section 50-222. The Meridian City Code S 11-16 provides the City may annex real property that is within the Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan. 2. The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 3. .. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act of 1975", codified at Chapter 65, Title 67, Idaho Code by the adoption of lComprehensive Plan City of Meridian adopted December 21, 1993, Ord. No. 629, January 4, 1994. 4. The following are found to be pertinent provisions of the City of Meridian Comprehensive Plan and are applicable to this Application: Goal Sections: Goal 4, Goal 8 Economic Development Chapter 3.1U,3.2U Land Use Chapter 2.1U FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8 'AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/COOPER CANYON (AZ-02-002) Transportation Chapter 1.19U, 1.14, 1.19 Community Design Chapter 6.2U, 6.11 U 5. The zoning of High Density Residential District (R-40) is defined in the Zoning Ordinance at S 11-7-2 F as follows: (R-40) High Density Residential District: The purpose of the R-40 District is to permit the establishntent of high density residential uses at a density not exceeding forty (40) dwelling units per acre. Connection to the Municipal water and sewer systems of the City is required. 6. Since the annexation and zoning of land is a legislative function, the City has 3.;uthority to place conditions upon the annexation of land. See Burt vs. The City of Idaho Falls, 105 Idaho 65, 665 P2d 1075 (1983). 8. The development of the annexed land, if annexed, shall meet and comply with the Ordinances of the City of Meridian including, but not limited to: Section 12-2- 4 which pertains to development time schedules and requirements; Section 12-4-13, which pertains to the piping of ditches; and Section 12-5-2 N, which pertains to pressurized irrigation systems, and Zoning and Subdivision and Development Ordinance of the City of Meridian. 9. Pursuant to Section 11-16-4 A of the Zoning and Developnlent Ordinance the owner and/or developer shall enter into a Development Agreement, if such is required by the City. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/COOPER CANYON (AZ-02-002) DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does Order: 1. The applicant's request for annexation and zoning of approximately 5.81 acres in size to High Density Residential District (R-40) is granted subject to the terms and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of 5.81 acres. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686. 3. Developer shall be required to met the conditions set forth and in the event the conditions herein are not met by the Developer that the property shall be subject to de-annexation, with the City of Meridian, which provides for the following conditions of development, to-wit: Adopt the Recommendations of the Planning and Zoning and Engineeri~lg staff as follows: 1. Any existing domestic wells and/or septic systems within this project shall be removed from their domestic service per City Ordinance Section 5-7- 517. Wells may be used for non-domestic purposes such as landscape irrigation. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/COOPER CANYON (AZ-02-002) 2. A development agreement shall be required as part of this annexation request. Adopt the Recommendations of the ACHD as follows: Special Recommendations to the City of Meridian and the Meridian Fire Department: a. Applicant should be required to construct an emergency turnaround located in the center of the proposed subdivision. Applicant should be required to work with the Fire Department staff for the location of the emergency turnaround. Site Specific Requirements: 1. Construct curb,. gutter, 5~foot wide concrete sidewalk, and match paving on Wilson Lane abutting the parcel. Improvements shall be constructed to match existing improvements. 2. Driveways on Wilson Lane shall be located a minimum of 50-feet from any public street intersection. The applicant is proposing to locate the driveway approximately lOO-feet east of the west property line. This location meets District policy and is approved with this application. The applicant is required to pave the driveway to its full-required width of 24 to 30-feet and to a point 30~feet beyond the edge of pavement of Wilson Lane. 3. Applicant is proposing an "emergency access only" located approximately 190- feet north of the south property line. This access is to be signed "emergency access only" and/or install bollards for emergency access only. The applicant is required to pave this access 16 to 20-feet in width and to a point 30-feet into the project. This emergency access meets District policy and shall be approved with this application. 4. Utility street cuts in pavement less than five years old are not allowed.unless approved in writing by the District. 5. Meet District drainage requirements per section 8000 of the ACHD Development Policy Manual. 6. If utility relocation is necessary to constf(lct improvements required with this FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11 'AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/COOPER CANYON (AZ-02-002) development, then all utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7. Any existing irrigation facilities shall be relocated outside of the right-of-way. 8. Applicant shall also comply with all of ACHD's Standard Requirements listed in their report dated January 25,2002. Adopt the Recommendations of the Meridian Fire Department as follows: 1. That a fire-flow of 1,000 gallons per minute shall be available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A. 2. Operational fire hydrants and temporary or permanent street signs are required before combustible 'construction begins. UFC 901.4.2 & 901.3 3. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 4. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. 5. All internal roads shall have a minimum radius of 28' inside and 48' outside radius. 6. The roadways shall be built to Ada County Highway Standards. 7. An approved temporary turn-around is required for any dead-ends over 150'. 8. The project shall be required to havean approved.ri1eans of accessing a public road. Adopt the Recommendations of the Parks Department as follows: 1. A 10' wide hard surface for a pedestrian pathway shall be provided along the Jackson Drain on the north side. The pathway shall include a 10' wide landscaped buffer on both sides, and which shall be maintained by the developer. The pathway shall connect to the Elliot Park Subdivision path. It would be acceptable for the 10' wide pathway to be an easement or common FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/COOPER CANYON (AZ-02-002) lot deed when completed. Additionally, comply with the action of the City Council from their meeting of April 2, 2002 as follows: 1. Two amenities are required as part of the Planned Development. The applicant is proposing in excess of 10% of open space and the pathways are two amenities. Additionally, the applicant shall also provide a sport court of approximately 2,500 to 3,000 sq. ft. within the approximately 15,000"foot common area open space. The applicant shall also provide a revised Site Plan indicating the location of the sport court, as well as the material it is to be constructed with. The sport court shall be approximately half the size of a regulation basketball court and will contain at least one basketball standard and other play equipment that may be acceptable by the staff. 4. The City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the annexation and zoning designation of the real property which is the subject of the application to (R-40) High Density Residential District, and Meridian City Code s 11-7-2. 5. Subsequent to the passage of the Ordinance provided for in section 4 of this Order the engineering staff of the Public Works Department shall prepare the appropriate mapping changes of the offIcial boundaries and zoning maps as provided in Meridian City Code S 11-21-1 in accordance with the proVisions of the annexation and zoning ordinance. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian. Pursuant to Idaho Code s 67.6521 an affected person is a person who has FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13 'AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/COOPER CANYON (AZ-02-002) ( an interest in real property which may be adversely affected by the issuance or denial of the annexation and zoning and who may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. ~ By action of the City Council at its regular meeting held on the I b - day of ~ ,2002. ROLL CALL COUNCILMAN KEITH BIRD VOTED ~tA.- COUNCILWOMAN TAMMY deWEERD VOTED $tL/ COUNCILWOMAN CHERIE Me CANDLESS VOTED fje?r...-- COUNCILMAN WILLIAM L.M. NARY VOTED$A..,,- ~ MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: 1--( 6 -() 2- MOTION: APPROVED:~ DISAPPROVED: VOTED Copy served upon Applicant, the Planning and Zoning Department, Public . Works Departm nt and the City Attorney. . BX: . City Clerk - - Dated: 7-(} 2.-- ::l' Z:\Work\M\Meridian\Meridian 15360M\Cooper Canyon Sub AZ02.002 )@_))! cup)@J)@\AZFfCl& . ~ ,,? ''?t ~,I ";t~l. .-',1:' FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14 i%~"'?l:'m~'''^'J,;~~t~..{i;' 'AND DECISION AND ORDER GRANTING APPLICATION,t.",,,,,. FOR ANNEXATION AND ZONING/COOPER CANYON (AZ-02-002) BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 04/02/02 IN THE MATTER OF THE ) REQUEST FOR CONDITIONAL ) USE PERMIT FOR A PLANNED ) DEVELOPMENT FOR COOPER ) CANYON SUBDIVISION IN A ) R-40 ZONE, LOCATED EAST ) OF N. LOCUST GROVE ROAD ) AND SOUTH OF EAST ) WILSON LANE, MERIDIAN, ) IDAHO ) ) WILDWOOD DEVELOPMENT, ) LLC, ) ) APPLICANT ) ) Case No. CUP-02-002 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT The above entitled conditional use permit application having come before the City Council on April 2,2002 at the hour of 6:30 p.nt., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Shari Stiles, Planning and Zoning Administrator, Bany Semple, Chris Findlay, and David Callister, appeared and testified, and the City Council having duly considered the evidence and the record in this matter and the Recommendations to City Council issued by the Ylanning .and Zoning Commission who conducted a public hearing and the Council having 'heard ~nd taken oral and "vritten testimony, and having duly considered the matter, the FINDINGS OF FACT AND CONCLUSIONS 'OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 1 City Council hereby makes the following Findings of Fact, Conclusions of Law and Decision and Order to-wit: FINDINGS OF FACT 1. A notice of a public hearing on the conditional use permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for April 2, 2002, before the City Council, the first publication appearing and vvritten notice having been mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted UpOi1 the property under consideration more than one week before said hearing and the copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the April 2, 2002, public hearings; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. . . 2. There has been compliance vvith all notice and hearing ~eqttirements set forth in Idaho Code S67-6509, 6512, and Meridian City Code ss 11-15~5 and 11-17~ 5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 2 of Posting filed with the staff report. 3. This proposed development request is in an RUT zone and by reason of the provisions of the Meridian City Code S 11-17-4, a public hearing was required before the City Council on this application. 4. The property is located at east of N. Locust Grove Road and south of East Wilson Lane, Meridian, Idaho. 5. The owner of record of the subject property is the Lawrence Tuclmess Trust of Meridian, Idaho. 6. Applicant is Wildwood Development, LLC of Boise, Idaho. 7. The subject property is currently zoned RUT by Ada County. There is, however, an application for annexation and zoning to R~40 before the City CounciL The zoning district of R-40 is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. 8. The proposed application requests a conditional use permit for construction of twenty-two (22) 4-plex units (88 units) for a variety of commercial and residential projects. The R-40 zoning designation is within the City of Meridian Zoning and Development Ordinance requires a conditional use perrr"}.it be obtained for most uses- including those requested by the Applicant. (Meridian City 'Zoning and Development Ordinance, Section 11-8~ 1). FINDINGS OF FACT AND CONCLUSIONS-GF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 3 9. The proposed application is in compliance with the Meridian Comprehensive Plan. 10. The use proposed 'within the subject application will in fact, constitute a conditional use as determined by City Ordinance. 11. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian, and Maps and the Ordinance establishing the Impact Area Boundary. 12. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed and the follovving is also found to be required to mitigate the effects of the proposed use and development upon services delivered by political subdivisions providing services to the subject real property within the planning jurisdiction of the City of Meridian, subject to the following: Adopt the Recommendations of the Planning and Zoning and E11gineering staff as follows: 1. Applicant shall meet all of the requirements of the preliminary plat as a condition of FINDINGS OF FACT AND CONCLUSIONS "OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 4 the Conditional Use Permit. 2. Since the applicant is intending to have the ability to sell all of the lots to different builders, said applicant should address the proposed elevations and what elements are "set in stone" as design standards, for inclusion in the Development Agreement. A theme for the development must be maintained in order for the project to be considered a planned development. Existing elevations are acceptable, and all buildings must substantially comply with the building plans shown. Significant deviations from the buildings proposed vvill require a modification to the conditional use permit. 3. Two amenities are required as part of a Planned Development. The applicant is proposing 10% open space and the pathway as their two amenities. 4. The proposed dumpster locations interfere vvith visibility for cars backing out of parking spaces adjacent to the trash enclosures. The layout of these enclosures should be revised and coordinated vvith the Sanitary Services Corp. (SSC) and applicant .is' required to resolve the differences with Sanitary Services prior to the public hearing. Provide an approval letter from SSC with the application for a Certificate of Zoning Compliance. 5. No gating of the main access is proposed or approved. Only gating of the emergency access is allowed. Design requirements (i.e., break-away gate, etc.) shall be coordinated with the fire department. 6. Proposed parking includes 20 I parking spaces, which allows for 2 spaces per unit, plus 6 accessible spaces, plus 19 visitor spaces. Parldng shall be installed per the approved plan and meet all dimensional requirements of the city ordinances. 7. All improvements shall meet all federal requirements of the A1nericans with Disabilities Act and the Fair Housing Act. 8. The Settlers Canal shall be tiled per City Ordinance. However, the Jackson Drain shall remain open and improved as an amenity to the project with a pathvvay and associated-landscaping. 9. All common area landscaping shan be installed prior to the issuance of an occupancy permit for any home built within the subdivision. IO.The pathway shall be constructed prior to isstlance of any occupancy pennit. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 5 11. Side yard setback of five (5) feet shall be required. Applicant shall be required to meet all building code and fire code requirements. Adopt the Recommendations of the ACHD as follows: Special Recommendations to the City of Meridian and the Meridian Fire Department: 1. Applicant should be required to construct an emergency turnaround located in the center of the proposed subdivision. Applicant should be required to work with the Fire Department staff for the location of the emergency turnaround. The following Site Specific Requirements and Standard Requirements must be met or provided for prior to ACHD approval of the final plat: Site Specific Requirements: 1. Construct curb, gutter, 5-foot wide' concrete sidewalk, and match paving on Wilson Lane abutting the parcel. Improvements shall be constructed to m.atch existing improvements. 2. Driveways on Wilson Lane shall be located a minimum of 50-feet from any public street intersection. The applicant is proposing to locate the driveway approximately 100-feet east of the west property line. This location meets Distlict policy and is approved with this application. The applicant is required to pave the driveway to its full-required width of 24 to 30-feet and to a point 30-feet beyond the edge of pavement of Wilson Lane. 3. Applicant is proposing an "emergencv access only" located approximately 190-feet north of the south property line. This access is to. be signed "emergency access only" and/or install bollards for emergency access only. The applicant is required to pave this access 16 to 20-feet in width and to a point 30-feet into the project. This emergency access m.eets District policy and shall be approyed with this application. '. . 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District 5. Meet District drainage requirements per section 8000 of the ACHD Development . Policy Manual. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 6 6. If utility relocation is necessary to construct improvements required with this development, then all utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7. Any existing irrigation facilities shall be relocated outside of the right-of-way. 8. Applicant shall also comply with all of ACHD's Standard Requirements listed in their report dated January 25, 2002. Adopt the Central District Health Department requirements as follows: 1. 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. Adopt the Rec<?mmendations of the Parks Department as follows: 1. A, 10' wide hard surface for a pedestrian pathway shall be provided along the Jackson Drain on the north side. The pathway shall include a 10' wide landscaped buffer on both sides, and which shall be maintained by the developer. The pathway shall connect to the Elliott Park Subdivision path. It would be acceptable for the 10' wide pathway to be an easement or common lot deed when completed. Additionally, comply'with the action of the Council from their meeting held on Tuesday, April 2, 2002 as follows: 1. Two amenities are required as part of the Planned Development. The applicant is proposing in excess of 10% of open sp~ce and the pathways are two amenities. Additionally, the applicant shall also provide a sport court of approximately 2,500 to 3,000 sq. ft. "vithin the approximately 15,OOO-foot common area open space. The applicant shall also provide a revised Site Plan indicating the location of the sport court, as well as the materialit..is to be constructed with. The sport court shall be approximately half the size 'of a regulation basketball court and "vill contain at least one basketball standard and other play equipment that may be acceptable by the staff. 2. That all improvements within the subdivision shall be completed prior to any occupancies on any of the buildings. Additionally, as long as they meet or FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND . ORDER GRANTING CONDITIONAL USE PERMIT - 7 exceed the requirements of the three buildings, then they would be allowed to proceed with the Building Permit. 13. That the site is large enough to accommodate the proposed llse and all yards, open spaces, parldng, landscaping, and other features as may be required by this ordinance; it is found that the subject property is large enough to accommodate the requested use and all other required features, unless visitor parldng or additional useable open space is required. 14. That the proposed' use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance "with the requirements of this Ordinance; it is 'found that the current Comprehensive Plan Land Use Map designates the property as "Mixed Planned Development". The proposed high density residential uses are harmonious with and in accordance with the Comprehensive Plan. The project is being proposed as a conditional use for a planned development in order to comply with Comprehensive Plan. 15. 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 0 the same area. 16. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; it is found that the proposed use would not adversely affect other properties in the general vicinity. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 8 17. That the proposed use will be served adequately by essential public facilities and services such as highways, street, police, and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services, as long as capacity in existing school facilities is available and improvements are made by the applicant in accordance with policies, ordinances and Uniform Codes. 18. That the proposed use will not create excessive additional requirements at public cost for public facilities and services and will not be detrinlental to the economic welfare of the community. 19. 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. 20. 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, however, there may be a potential bottle-neck at Locust Grove ~oad vvithout another stub street to connect to Pine Street. 21. 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. The FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT ~ 9 Jackson Drain is to remain open and improved with a pathway. CONCLUSIONS OF LAW 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Act" codified at Chapter 65, Title 67, Idaho Code (1. C. ~6 7 -6503). 2. The Meridian City Council may exercise all the powers required and authorized under the "Act" except the power to adopt ordinances by the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho Code Section 67-6504 which the City Council of the City of Meridian has established by the passage of the "City of Meridian Zoning and Development Ordinance" at Titles XI and XII, Chapter I, Meridian City Code. 3. As part of a zoning ordinance the City Council can, subject to hearing and notice provision required, provide for the process of special and/or conditional use permits which a proposed use is otherwise prohibited by the terms of the ordinance but allowed with conditions under the specific provisions of the ordinance which the City of Meridian has done in the adoption ofit's zoning ordinances. 4. The City Council has the duty and responsibility to review the f~cts and circumstances of each application for special use permit to determine prior to granting the same that the evidential showing supports the finding that the folIowing standards are met and that the proposed development: (Meridian City Code S 11 ~ 1 7 ~ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT ~ 10 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; b. That the proposed use and development plan "vin be harmonious with the Meridian Comprehensive Plan and in accordance "vith the requirements of this 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; d. That the prqposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; e. . That the proposed use will be served adequately by essential public facilities ,and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, sewer; or that the person responsible for the establishment of the proposed conditional use shall be able to provide adequately any such services; f. That the proposed use will not create excessive additional cost for public facilities and services and will not be detrimental to the economic welfare of the community; 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 the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; h. That the proposed use "viII have vehicular approaches to the property which shall be so designed as not to create interference with traffic OIl. surrounding public streets; and '. . i. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. 5. Prior to granting a conditional use permit in the High Density FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - II Residential District (R-40), a public hearing shall be conducted with notice to be published and provided to property ovvners or purchasers of record within three hundred feet (300') of the external boundaries of the land under consideration for the conditional use permit all in accordance \vith the provisions of Meridian City Code ~ 11~17-5 City of Meridian Zoning and Development Ordinance, which provides as follows: "Prior to approving a Conditional Use Permit, the applicant and the Commission and Council shall follow notice and hearing procedures provided in Chapter 15 of this Title. Provided, however, that conditional use applications for larid in Old Town and in industrial and commercial districts shall only be required to have one public hearing which shall be held before the Plari.niilg and Zoning Commission; and after the recommendation of the Commission is made, the application shall go before the City Council "vithout a public hearing and the Council may approve, deny, or modify the recommendation of the Commission." 6. Following the public hearing and within 45 days after the conclusion of the public hearing the Commission shall, transmit its recommendations to the Meridian City Council ,vith supportive reasons. The Commission shall recommend that the application be approved, approved with conditions or denied. The Commission shall ensure that any approval or approval vVi'th conditions of an application shall be in accordance with Meridian Comprehensive Plan, City of, Meridian Zariing and Development Ordinance, and Idaho State law. (Meridiall City Code S 11-17-6) 7. When the City Council approves a conditional use permit it may FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 12 impose conditions of that approval that reasonably: A. B. C. D. E. F. G. Minimize adverse impact on other development; Control the sequence and timing of development; Control the duration of development; Assure that the development is maintained property; Designate the exact location and nature of the development; Require the provision for on-site public facilities or services; and Require more restrictive standards than those generally required, in this Ordinance. 8. The City of Meridian has, by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 21,1993, Ord. 629, January 4,1994 and Maps. DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does Order that: 1. That the above named applicant is granted a conditional use permit for construction of a twenty-two (22) 4-plex units (88 units) for a variety of commercial and residential projects in R-40 zone located east of N. Locust Grove Road and south FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND 'ORDER GRANTING CONDITIONAL USE PERMIT - 13 of East Wilson Lane, Meridian, Idaho, subject to the following conditions of use and development, subject to the following: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. Applicant shall meet all of the requirements of the preliminmy plat as a condition of the Conditional Use Permit. 2. Since the applicant is intending to have the ability to sell aU of the lots to different builders, said applicant should address the proposed elevations and what elements are "set in stone" as design standards, for inclusion in the Development Agreement. A theme for the development must be maintained in order for the project to be considered a planned development. Existing elevations are acceptable, and all buildings must substai1tially comply with the building plans shown. Significant deviations from the buildings proposed will require a 111odification to the conditional use permit. . . . 3. Two amenities are required as part of a Planned Development. The applicant is proposing 10% open space and the pathway as their two amenities. 4. The proposed dumpster locations interfere with visibility for cars backing out of parking spaces adjacent to the trash enclosures. The layout of these enclosures should be revised and coordinated with the Sanitary Services Corp. (SSC) and applicant is required to resolve the differences with Sanitary Services prior to the public hearing. Provide an approval letter from SSC with the application for a Certificate of Zoning Compliance. 5. No gating of the main access is proposed or approved. 9nly gating of the emergency access is allowed. Design requirements (i.e., break-away gate, etc.) shall be coordinated with the fire department. 6. Proposed parking includes 201 parking .spaces, which allows for 2 spaees per unit, plus 6 accessible spaces, plus 19 visitor spaces. Parking shall be installed per the approved plan and meet all dimensional requirements of the city ordinances. 7. All improvements shall meet all federal requirements of the Americans with Disabilities Act and the Fair Housing Act. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 14 8. The Settlers Canal shall be tiled per City Ordinance. However, the Jackson Drain shall remain open and improved as an amenity to the project with a pathway and associated landscaping. 9. All common area landscaping shall be installed prior to the issuance of an occupancy permit for any home built within the subdivision. 10. The pathway shall be constructed prior to issuance of any occupancy permi t. 11. Side yard setback of five (5) feet shall be required. Applicant shall be required to meet all building code and fire code requirements. Adopt the Recomm.endations of the ACHD as follows: Special Recommendations to the City of Meridian and the Meridian Fire Department: 1.Applicant should be required to construct an emergency turnaround located in the center of the 'proposed subdivision. Applicant should be required to work with the Fire Department staff for the location of the emergency turnaround. The following Site Specific Requirements and Standard Requirelnents must be met or provided for prior to ACHD approval of the final plat: Site Specific Requirements: l.Construct curb, gutter, 5-foot wide concrete sidewalk, and match paving on Wilson Lane abutting the parce1. Improvements shall be constructed to match existing improvements. 2.Driveways on Wilson Lane shall be located a minimum of 50-feet from any public street intersection. The applicant is proposing to locate the driveway approximately 100- feet east of the west property line. This location meets District policy and is approved with this application. The applicant is required to pave the driveway to its full-required width of 24 to 30-feet and to a point 30-feet beyond the edge of pavement of'Wilson Lane. 3.Applicant is proposing an "emergency access only" located approximately 190-feet north of the south property line. This access is to be signed "emergency access only" and/or install bollards for emergency access only. The applicant is required to pave this access 16 to 20-feet in width and to a point 30-feet into the project. This emergency FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 15 access meets District policy and shall be approved with this application. 4.Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District 5.Meet District drainage requirements per section 8000 of the ACHD Development Policy Manual. 6.If utility relocation is necessary to construct improvements required with this development, then all utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.Any existing irrigation facilities shall be relocated outside of the right~of-way. 8.Applicant shall also comply with all of ACHD's Standard Requirements listed in their report dated January 25,2002. Adopt the Central District Health Department requirements as follows: 1. 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. Adopt the Recommendations of the Parks Department as follows: 1. A 10' wide hard surface for a pedestrian pathway shall be provided along the Jackson Drain on the north side. The pathway shall include a 10' wide landscaped buffer on both sides, and which shall be maintained by the developer. The pathway shall connect to the Elliott Park Subdivision path. It would be acceptable for the 10' wide pathway to be an easeme,nt or common lot deed when completed. . Additionally, comply with the action of the Council from their meeting'held on Tuesday, April 2, 2002. as follows: 1. Two amenities are required as part of the Planned Development. The applicant is proposing in excess of 10% of open space and the pathways are two amenities. Additionally, the applicant shall also provide a sport court of approximately 2,500 to 3,000 sq. ft. ,vithi~l the approximately 15,000-foot common area open space. The applicant shall also provide a revised Site Plan FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 16 indicating the location of the sport court, as well as the material it is to be constructed with. The sport court shall be approximately half the size of a regulation basketball court and 'will contain at least one basketball standard and other play equipment that may be acceptable by the staff. 2. That all improvements within the subdivision shall be completed prior to any occupancies on any of the buildings. Additionally, as long as they meet or exceed the requirements of the three buildings, then they would be allowed to proceed with the Building Permit. 2. The conditions shall be reviewable by the Council pursuant to Meridian City Code S 11-1 7 - 9. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition. of approval of the application for a conditional use permit. 4. That the City Attorney draft an Order Granting Conditional Use Permit in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Departm.ent and any affected party requesting notice. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code S 67-6521 an affected person being ~ person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek: a judicial review as provided by Chapter FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 17 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the ! {; 1b. day of ~ ,2002. ROLL CALL: COUNCILMAN KEITH BIRD VOTED$"'-' COUNCILWOMAN TAM1vIY deWEERD VOTED~t0 COUNCILWOMAN CHERIE Mc CANDLESS VOTED je?~l--- COUNCILMAN WILLIAM L.M. NARY VOTED $t't-- MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED DATED: -1-(h ~f)~ MOTION: APPROVED: DISAPPROVED: Copy served upon Applicant, Planning and Zoning Department, Public Works Department and the City Attorney. ByJi~P-~ IJb City Clerk /1 ,,~ f .;..#-1 ->'""'; t- ~-! 7-0Z-- Z:\Work\M\Meridian\Meridian 15360M\Cooper Cany~ Sub ~ ,~ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND . ORDER GRANTING CONDITIONAL USE PERMIT - 18 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A PLANNED DEVELOPMENT FOR COOPER CANYON SUBDIVISION IN A R-40 ZONE, LOCATED EAST WILSON LANE, MERIDIAN, IDAHO WILDWOOD DEVELOPMENT, LLC, . APPLICANT C/C 04/02/02 ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. CUP-02-002 ORDER GRANTING CONDITIONAL USE PERMIT I. This matter coming before the City Council on the April 2, 2002, under the provisions of Meridian City Code S 11-17-4 for final action on conditional use permit application and the Council having received and approving the Recommendation of the Planning and Zoning Commission the Council takes the following action: 2. That the above named applicant is granted a conditional use. permit for construction of twenty-two (22) 4-plex units (88 units) for a variety of commercial and residential projects in a R-40 zone located east of N. Locust Grove Road and ORDER CONDITIONAL USE PERMIT (CUP~02~002) - 1 south of East Wilson Lane, Meridian, Idaho, subject to the following conditions of use and development: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. Applicant shall meet all of the requirements of the preliminalY plat as a condition of the Conditional Use Permit. 2. Since the applicant is intending to have the ability to sell all of the lots to different builders, said applicant should address the proposed elevations and what elements are "set in stone" as design standards, for inclusion in the Development Agreement. A theme for the development must be maintained in order for the project to be considered a planned development. Existing elevations are acceptable, and all buildings must substantially comply with the building plans shown. Significant deviations from the buildings proposed will require a modification to the conditional use permit.. , 3. Two amenities are required as part of a Planned Development. The applicant is proposing 10% open space and the pathway as their two amenities. 4. The proposed dumpster locations interfere with visibility for cars backing out of parking spaces adjacent to the trash enclosures. The layout of these enclosures should be revised and coordinated with the Sanitary Services Corp. (SSe) and applicant is required to resolve the differences with Sanitary Services prior to the public hearing. Provide an approval letter from SSC with the application for a Certificate of Zoning Compliance. 5. No gating of the main access is proposed or approved. Only gating of the emergency access is allowed. Design requirements (i.e., break-away gate, etc.) shall be coordinated with the fire department. 6. Proposed parking includes 201 parking spaces, which allows for 2 spa~es p'er unit, plus 6 accessible spaces, plus 19 visitor spaces. Parking shaH be installed' per the approved plan and meet all dimensional requirements of the city ordinances. "7. All improvements shall meet all federal requirements of the Americans with Disabilities Act and the Fair Housing Act. ORDER CONDITIONAL USE PERMIT (CUP-02-002) -2 8. The Settlers Canal shall be tiled per City Ordinance. However, the Jackson Drain shall remain open and improved as an amenity to the project with a pathway and associated landscaping. 9. All common area landscaping shall be installed prior to the issuance of an occupancy permit for any home built 'within the subdivision. 10. The pathway shall be constructed prior to issuance of any occupancy permit. 1 [. Side yard setback of five (5) feet shall be required. Applicant shall be required to meet aU building code and fire code requirements. Adopt the Recommendations of the ACHD as follows: Special Recommendations to the City of Meridian and the Meridian Fire Department: 1. Applicant should be required to construct an emergency turnaround located in the center. of the proposed subdivision. Applicant should be required to vvork \ivith the Fire Department staff for the location of the emergency turnaround. The following Site Specific Requirements and Standard Requirements must be met or provided for prior to ACHD approval of the final plat: Site Specific Requirements: 1. Construct curb, gutter, 5~foot wide concrete sidewalk, and match paving on Wilson Lane abutting the parcel. Improvements shall be constructed to match existing improvements. 2. Driveways on Wilson Lane shall be located a minimum of 50-feet from any public street intersection. The applicant is proposing to locate ~the driveway approximately 100-feet east of the west property line. This location meets District policy and is approved with this application. The applicant is required to pave the driveway to its full-required width of 24 to 30~feet and to a point 30-feet beyond the edge of pavement of Wilson Lane. 3. Applicant is proposing an "emergency access only" located approximately 190-feet ORDER CONDITIONAL USE PERMIT (CUP-02-002) - 3 north of the south property line. This access is to be signed "emergency access only" and/or install bollards for emergency access only. The applicant is required to pave this access 16 to 20-feet in "vidth and to a point 30-feet into the project. This emergency access meets District policy and shall be approved "vith this application. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District 5. Meet District drainage requirements per section 8000 of the ACHD Development Policy Manual. 6. If utility relocation is necessalY to construct improvements required with this development, then all utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7. Any existing irrigation facilities shall be relocated outside of the right~of~way. 8. Applicant shall also comply with all of ACHD's Standard Requirements listed in their report dated January 25, 2002. Adopt the Central District Health Department requirements as follows: 1. 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. Adopt the Recommendations of the Parks Department as follows: 1. A 10' wide hard surface for a pedestrian pathway shall be provided along the Jackson Drain on the north side. The pathway shall include a 10' wide landscaped buffer on both sides, and which shall be maintained by~the developer. The pathway shall connect to the Elliott Park Subdivision path. It wQuld be acceptable for the 10' "vide pathway to be an easement or common lot deed when completed. . .' Additionally, comply with the action of the Council from their meeting held on Tuesday, April 2, 2002 as follows: ORDER CONDITIONAL USE PERMIT (CUPw02w002) -4 1. Two amenities are required as part of the Planned Development. The applicant is proposing in excess of 10% of open space and the pathways are two amenities. Additionally, the applicant shall also provide a sport court of approximately 2,500 to 3,000 sq. ft. within the approximately 15,000-foot common area open space. The applicant shall also provide a revised Site Plan indicating the location of the sport court, as well as the material it is to be constructed with. The sport court shall be approximately half the size of a regulation basketball court and win contain at least one basketball standard and other play equipment that may be acceptable by the staff. 2. That all improvements within the subdivision shall be completed prior to any occupancies on any of the buildings. Additionally, as long as they meet or exceed the requirements of the three buildings, then they would be allowed to proceed with the Building Permit. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. Notice to Permit Holder, this conditional use permit is not transferable without complying with the provisions of Meridian City Code ~ 11-17-8, a copy of which is attached to this permit. By action of the City Council at its regular meeting held on the ! brb- day of ~~ ~. Copy served upon Applicant, the Planning and Zoning Department, Public Works ORDER CONDITIONAL USE PERMIT (CUP-02-002) - 5 Department and City Attorney. By:dI~~~() City Clerk Dated: ~-Il./tl Z-- ;. -:c' Z:\Work\M\Meridian\tv1eridian J 5360M\Cooper Canyon Sub AZ02.002 )@_))! cup)@J)@\OrderCUP.doc ORDER CONDITIONAL USE PERMIT (CUP-02-002) - 6 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 04/02/02 IN THE MATTER OF THE ) REQUEST FOR PRELIMINARY ) PLAT FOR COOPER CANYON ) SUBDIVISION, LOCATED EAST ) OF NORTH LOCUST GROVE ) ROAD AND SOUTH OF EAST ) WILSON LANE, MERIDIAN, ) IDAHO ) ) BY: WILDWOOD ) DEVELOpMENT, LLC, ) APPLICANT ) ) Case No. PP-02~OOI FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT The above entitled matter coming on regularly for public hearing before the City Council on April 2, 2002, and Shari Stiles, Planning and Zoning Administrator, Bany Semple, Chris Findlay, and David Callister, appeared and testified, and the City Council having received a report from Steve Siddoway, Planner II for Planning and Zoning, and Bruce Freckleton, Engineering Technic~a,n Ill, and the City Council having received as part of the record of this matter the recommendatiOli to City Council of the Planning and Zoning Commission and the applicant having su1;>i11itted the "COOPER CANYON PRELIMINARY PLAT, A PORTION OF LOT 7 PLEASANT VALLEY SUBDIVISION IN THE NWl/4 OF SECTION 8, T. 3 N., R. 1 E, BM, MERIDIAN, ADA COUNTY, IDAHO, c 2001 TOOTHMAN-ORTON FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER . OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT COOPER CANYON SUBDIVISION / (PP-02-001) 1 ENGINEERING CO., PRE~PLAT-SITE4, DESIGNED: BSS, DRAWN: IEB, SHEET 1 OF 1, DATE: 10/31/01, PROJECT: 01067, LAWRENCE R. TUCKNESS TRUST- OWNER, WILDWOOD DEVELOPMENT, LLC - APPLICANT", submitted for preliminmy plat approval and which preliminalY plat for approval application is herein received and adjudged by the City Council pursuant to Meridian City Code S 12-3-3. Therefore the City Council makes the following findings: FINDINGS OF FACT 1. T~lat the proposed development is in conformance with the Comprehensive Plan by reason of the fact that it lies within the existing Urban Area as defined in the Meridian Comprehensive Plan Generalized Land Use Map, Infrastructure Planning Analysis Comprehensive Plan and Map, adopted December 21, 1993, and the property is presently zoned High Density Residential District (R- 40), and requires connection to the Municipal Water and Sewer System. [Meridian City Code s 11-7-2 F] 2. The preliminary plat is in conformance with the Comprehensive Plan City of Meridian adopted December 21, 1993, Ordinance No. 629. 3. It is determined that Urban Services can be made available to . accommodate the proposed development if the plat complies with the requirements and conditions hereinafter set forth as conditions of preliminary plat approval. ,FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT COOPER CANYON SUBDIVISION / (PP~02-00 1) 2 4. The proposed development is a continuity of the proposed development within the City's Capital Improvement Program and if the conditions which are requested by the Planning and Zoning Administrator and the Engineering Technician III and as proposed by the developer as stated on the prelimimuy plat there will be public financial capability of supporting services for the proposed development. 5. The development if built in accordance with the conditions and as proposed, will not create health, safety or environmental problems and there have been no specifics of any such concerns brought to the Council's attention. 6... It is found that the Recommendation To City Council of the Planning and Zoning Commission is reasonable and appropriate for the conditions of approval of the preliminary plat as hereinafter set forth. 7. The applicant has submitted for consideration of this approval drawing of the preliminary plat herein designated as: "COOPER CANYON PRELIMINARY PLAT, A PORTION OF LOT 7 PLEASANT VALLEY SUBDIVISION IN THE NWl/4 OF SECTION 8, T. 3 N., R. 1 E, BM, MERIDIAN, ADA COUNTY, IDAHO, c 2001 TOOTHMAN-ORTON ENGINEERING CO., PRE~PLAT-SITE4, DESIGNED:-BSS, DRAWN: IEB, SHEET 1 OF 1, DATE: 10/31/01, PROJECT: 01067, LAWRENCE R. TUCKNESS TRUST-OWNER, WILDWOOD DEVELOPMENT, LLC -APPLICANT". ,FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT COOPER CANYON SUBDIVISION / (PP-02-001) 3 DECISION AND ORDER Pursuant to the City Council's authority as provided in Meridian City Code S 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted: IT IS HEREBY ORDERED AND THIS DOES ORDER 1. The Preliminary Plat of the applicant as evidenced by "COOPER CANYON PRELIMINAl~Y PLAT, A PORTION OF LOT 7 PLEASANT VALLEY SUBDIVISION IN THE NWl/4 OF SECTION 8, T. 3 N., R. 1 E, EM, MERIDIAN, ADA COUNTY, IDAHO, c 2001 TOOTHMAN-ORTON ENGINEERING CO., PRE-PLAT-SITE4, DESIGNED: BSS, DRAWN: IEB, SHEET 1 OF 1, DATE: 10/31/01, PROJECT: 01067, LAWRENCE R. TUCKNESS TRUST- OWNER, WILDWOOD DEVELOPMENT, LLC - APPLICANT", DEVELOPER is hereby conditionally approved; and 2. The conditions of approval are as follows to-wit: A. Adopt the Recommendations of the Planriing and Zoning and Engineering staff as follows: 1. _ SanitalY sewer and water service to this site shall be via new main extensions from the existing m.ains adjacent to the property. Applicant shall be required to abandon the existing sewer and water stubs, as they are unusable with the project configuration. 2. The conceptual landscape plan. is now in compliance with the requirements of the Meridian City Landscape Ordinance. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT COOPER CANYON SUBDIVISION / (PP-02-00 1) 4 3. Six-foot-tall perimeter fencing shall be installed around the entire project, unless staff agree in writing that such fencing is not necessaly. Fencing details shall be submitted with the Final Plat application. 4. Performance specifications for the common area pressurized irrigation system shall be submitted with the Final Plat application. 5. Ail of the required street buffer and open space landscaping shall be installed prior to the issuance of a Certificate of Occupancy for any building on any lot created by the subdivision. 6. Jackson Drain is designated as a multiple-use pathway. Applicant shall coordinate pathway construction requirements with Parks Director, Tom Kuntz. 'Design shall match the pathway being constructed as part of Blliot Industrial Park that will eventually connect through Fountain Park .. to Locust Grove Apartments and beyond. 7. Cross~access agreements through the parking lots shall be provided. 8. The common areas shall be maintained by the homeowners' association. GENERAL COMMENTS (preliminary plat) 1. Submit a copy of the Ada County Street Name Committee's final approval letter for the subdivision name, and the lot and block numbering 2. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 3. A letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, pressurized irrigation, sanitary sewer, water, etc., pri_or to signature on the final plat. 4. One~hundred-watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. Ail streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. . 5. Ail irrigation ditches, laterals or canals, exclusive of natural waterways, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT COOPER CANYON SUBDIVISION / (PP-02~00 I) 5 intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. The ditches to be piped should be shown on the site plans. Plans vvill need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 6. Any existing domestic wells and/or septic systenls "Within this project will have to be removed from their domestic service per City Ordinance Sections 9-1A and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. Adopt the Rec~mmendations of the Central District Health Department as follows: 1. .. 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. 2. Run-off is not to create a mosquito breeding problem. 3. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 4. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater managem~nt system that prevents groundwater and surface water degradatioi1. Adopt the ACHD Recommendations as follows: Special Recommendations to the City of Meridian and the Meridian Fire Department: a. Applicant should be required to construct an emergency turnaround located in the center of the proposed subdivision. Applicant should be required to work "With the Fire Department staff for the location of the emergency turnaround. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT COOPER CANYON SUBDIVISION / (PP-02-00 1) 6 Site Specific Requirements: 1. Construct curb, gutter, 5-foot wide concrete sidewalk, and match paving on Wilson Lane abutting the parceL Improvements shall be constructed to match existing improvements. 2. Driveways on Wilson Lane shall be located a minimum of 50-feet from any public street intersection. The applicant is proposing to locate the driveway approximately 1 GO-feet east of the west property line. This location meets District policy and is approved with this application. The applicant is required to pave the driveway to its full-required width of 24 to 30-feet al~d to a point 30-feet beyond the edge of pavement of Wilson Lane. 3. . Applicant is proposing an "emergencv access only" located approximately 190-feet north of the south property line. This access is to be signed "emergencv access only" and/or install bollards for emergency access only. The applicant is required to pave this access 16 to 20-feet in width and to a point 30-feet into the project. This emergency access meets District policy and shall be approved with this application. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. 5. Meet District drainage requirements per section 8000 of the ACHD Development Policy Manual. 6. If utility relocation is necessary to construct improvements required with this development, then all utility relocation costs as'sociated with improving street frontages abutting the site shall be borne .by the . developer. 7. Any existing irrigation facilities shall be relocated outside of the right-of- way. 8. Applicant shall also comply vvith ap of ACHD's Standard Requirements listed in their report dated January 25, 2002. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT COOPER CANYON SUBDIVISION / (PP-02-00 I) 7 Adopt the Recommendations of the Parks Department as follows: 1. A 10' wide hard surface for a pedestrian pathway shall be provided along the Jackson Drain on the north side. The pathway shall include a 10' wide landscaped buffer on both sides, and which shall be maintained by the developer. The pathway shall connect to the Elliott Park Subdivision path. It would be acceptable for the 10' wide pathway to be an easement or common lot deed when completed. Adopt the Recommendations of Sanitary Service as follows: 1. Comply with their requirements listed in their letter dated March 14, 2002. Adopt ,the Recommendations of the Nampa & Meridian Irrigation District as follows: . 1. The District's Jackson Drain courses through the proposed project. All municipal wastewater shalI be retained on site and a Land Use Change/Site application shall be filed. 2. All laterals and waste ways shalI be protected and all municipal surface drainage shall be retained on site. If any surface drainage leaves the site, the District must review the drainage plans. The developer must comply with Idaho Code 831-3805. Additionally, comply with the action of the Council from their meeting held on Tuesday, April 2, 2002, as follows: 1. Two amenities are required as part of the Planned Development. The applicant is proposing in excess of 10% of open space and the pathways _ are two amenities. Additionally, the applicant shall also provide a sport court of approximately 2,500 to 3,000 sq. ft. within the approximately 15,000-foot common area open space. The applicant shall also provide a revised Site Plan indicating the location of the sport court, as well as the material it is to be constructed 'with. The sport court shall be approximately half the size of a regulation basketball court and will contain at least one basketball standard and other play equipment that may be acceptable by the staff. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT COOPER CANYON SUBDIVISION / (PP-02-001) 8 2. That all improvements within the subdivision shall be completed prior to any occupancies on any of the buildings. Additionally, as long as they meet or exceed the requirements of the three buildings, then they would be allowed to proceed with the Building Permit. 1.6 -1'1:::- By a,ction 01 the City Council at its regular meeting held on the _ day of ~ ,2002. ROLL CALL COUNCILMAN BIRD VOTED -$!v COUNCILWOMAN deWEERD VOTED~ COUNCILWOMAN McCANDLESS VOTED~l./ VOTED ~ COUNCILMAN NARY MAYOR ROBERT D. CORRIE VOTED (TIE BREAKE~ Copy served upon Applicant, The Planning and Zoning Department, ,...j;'i-.0t'l'l'.;'eb~^ Public Works Department and City Attorney., .', ''It^).O~ ' - f~- .~rt' ~l ByJL~~b;- /9- C~ty Clerk . ,-.; '/i.J'" 1--17~OLI' Dated: "":'"2; Z:\Work\M\Meridian\IV1eridian 1 5360M\Cooper Can~'on Sub AZ02-002 )@_))! cup)@_))@\FfClsOrdPP.do'cilJ?, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT COOPER CANYON SUBDIVISION / (PP-02-00 1) 9 April 1 2, 2002 Consent MERIDIAN CITY COUNCIL MEETING April 16, 2002 APPLICANT Public Works Department -- Gary Smith ITEM NO. ,~- ~ REQUEST Approve Purchase of 5000 Gallon Diesel Storage Tank from K & T Steel 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: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: See Attached Memo ~ ~ Contacted: Date: Phone: Materials presented at public meetings shall become property of the City ot Meridian. RECEIVED APR 1 1 2002 CITY OF MERIDIAN CITY CLERK OFFICE To: Brad Watson From: Lenard Grady I (J .i. cc: Gary Smith Date: 4/11/2002 Re: Proposed Agenda Items for April 16, 2002 City Council Meeting . The Public Works Department respectfully requests the following items be placed on the April 16 City Council agenda, under Department Reports, for Council's consideration: Landscapina Contract - WWfP. The WWTP has solicited bids for landscaping to convert approximately 45,000 ff of baron area, which is within the triangle east of the Administration building, into grass. The area win have concrete curb along roadways and fence, and will have a pop-up sprinkler system. Four bids were requested as follows: . Hoffman's Landscaping Inc. Eden Lawn and Sprinkler Sterling Landscape All Wet Landscape $17,947.00 $22,177.25 No Response No Public Works License . . . Hoffman's Landscaping is low bidder and has done good work at the plant previously. Recommended Council Action: Approve the contract for landscaping at the WWTP with Hoffman's Landscaping Inc. for $17,947.00 and authorize the Mayor to sign and City Clerk to attest the contract. ~ Purchase of 5,000 Gallon Diesel Storaae Tank. Three bids were received for a UL-142, double walled, diesel storage tank, which will be used at the WWTP in case of a prolonged power outage. The tank is sized to provide more than two days of fuel for the backup generators on site. The three bids received are: From the desk of... Lenard Grady StaffEngincer Meridian Public WOtks Department 660 E. Walertower, Suite 200 Meridian, Idaho 83642 (208) 898..5500 Fax: (208) 887-1297 gradyl@ci.meridian.idus e Page 1 " Brown-Minneapolis Tank Acetank & Equipment K& T Steel Corp $8,675.00 $8,880.00 $7,300.00 " .. K& T, which is the low bidder, is manufactured in Twin Falls. Recommended Council Action: Approve the purchase of a 5000 gallon Dual Walled, UL 142 from K& T Steel for $7,300.00. From the desk of... Thank you for your consideration. Please contact me if you have any questions regarding any of these items. Lenafd Grady SWfEngineer Meridian PublJc WOl"ks Department 660 E. Watertower, Suite 200 Meridian, Idaho 83642 (208) 898-5500 Fax: (208) 887.1291 gradyl@ci.mcridian.idus e Page 2 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 04/02/02 IN THE MATTER OF THE ) REQUEST FOR CONDITIONAL ) USE PERMIT FOR A PLANNED ) UNIT DEVELOPMENT FOR ) THE FOOTHILLS ) APARTMENTS IN A C-G ) ZONE, LOCATED AT THE ) NORTHEAST CORNER OF N. ) NOLAR ROAD AND E. ) FRANKLIN ROAD, MERIDIAN, ) IDAHO ) ) SITZLAR REAL ESTATE ) DEVELOPMENT, ) ) APPLICANT ) Case No. CUP-02-00 I FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT The above entitled conditional use permit application having come before the City Council on April 2, 2002 at the hour of 6:30 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Shari Stiles, Planning and Zoning Administrator, Ashley Ford, and Clay McReynolds, appeared and testified, and the City Council having duly considered the evidence and the record in this matter and the Recommendations to City Council issued by the Planning and Zoning Commission who conducted a public hearing and the Council having heard and taken oral and written testimony, and having duly considered the matter, the City FINDINGS OF FACT AND CONCLUSIONS'OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - I Council hereby makes the following Findings of Fact, Conclusions of Law and Decision and Order to-wit: FINDINGS OF FACT 1. A notice of a public hearing on the conditional use permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for April 2, 2002, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing and the copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the April 2, 2002, public hearings; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given fun opportunity to express comments and submit evidence. . . 2. There has been compliance with all notice and hearing requirements set forth in Idahe Code s67-6509, 6512, and Meridian City Code &s 11-15-5' and 11-17- 5 as evidenced by the Mfidavit of Mailing, and the Mfidavit of Publication and Proof FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 2 of Posting filed with the staff report. 3. This proposed development request is in a C-G zone and by reason of the provisions of the Meridian City Code s 11-17-4, a public hearing was required before the City Council on this application. 4. The property is located at the northeast corner of N. Nolar Road and E. Franldin Road, Meridian, Idaho. 5. The owner of record of the subject property is Dee R. Lynn of Meridian, Idaho. 6. Applicant is Sitzlar Real Estate Development, LLC of Eagle, Idaho. 7. The subject property is currently zoned C-G. The zoning district of C-G . is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. 8. The proposed application requests a conditional use permit for a planned unit development for a 54 unit apartment complex for The Foothills Apartments. The C-G zoning designation within the City of Meridian Zoning and Development Ordinance requires a conditional use permit be obtained for most uses including those requested by the Applicant. (Meridian City Zoning ardDevelopment Ordinance, Section 11-8-1). 9. The Meridian City Council recognizes that the proposed application is FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 3 in compliance with the Meridian Comprehensive Plan. 10. The use proposed 'within the subject application will in fact, constitute a conditional use as determined by City Ordinance. II. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian, and Maps and the Ordinance establishing the Impact Area Boundary. 12. Giving due consideration to the comment received from the governmental" subdivisions providing services in the City of Meridian planning jurisdiction public facilities and services required by the proposed development "vill not impose expense upon the public if the follovving conditions of development are imposed and the follovving is also found to be required to mitigate the effects of the proposed use and development upon services delivered by political subdivisions providing services to the subject real property within the planning jurisdiction of the City .of Meridian, subject to the following: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. Applicant shall record the Final Plat of Sparrowhawk Subdivision and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 4 construct all perimeter fencing prior to applying for any building permits. 2. Pursuant to 12~6~7B of the MCC, the development of Lots 2 and 3 of Sparrowhawk Subdivision shall require a detailed conditional use permit approval prior to future development. Because detailed plans for the 54-unit apartment project were submitted vvith this application, a new conditional use permit shall not be required prior to construction of this lot. 3. Perimeter landscaping for the entire subdivision shall be installed prior to occupancy of any building within the subdivision, as well as all perinleter landscaping associated with this conditional use permit. The remaining landscaping and irrigation within the apartment project shall be completed or bonded for prior to issuing any occupancy permits. 4. A detailed landscape plan for the apartment complex shall be provided prior to the issuance ,of the Certificate of Zoning Compliance. The subdivision perimeter landscaping shall be installed as approved as part of the final plat. 5. Perimeter "fencing shall be completed prior to occupancy in accordance with the approved Final Plat fencing and plan (Order of Conditional Approval, 1.13 FP-O 1-023), which requires a six-foot cedar fence along the north and east property lines. 6. The basketball court within the subdivision shall be rotated 900, to keep basketball players from shooting baskets towards Franklin Road. 7. The parking/site plan for the apartment complex must be revised to include the following changes: a. In accordance with the Landscape Ordinance, a landscape island (5' min) shall be added along the northern' parking. lot area to divide the 23 parking stalls into two groups of stalls with no more than 12 parking stalls linearly arranged without landscaping. b. A landscape island shall be added along the eastern parldng lot '~rea for reasons noted above. . c. A van accessible ADA parldng stall shall be included among the 6 ADA parldng stalls provided. d. The submitted site plan for the parldng lot indicates a total of 108 parking stalls for 54 apartm.ents, a ratio of 2 parldng spaces to each apartment, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 5 as required by code. However, there are no parking spaces provided for guests or the clubhouse/pool area. MCC 11-13-5B requires parking for clubhouses at one space for each 300 square feet of floor area. Therefore, the 2,448 sq ft club house will require at least 8 additional parking spaces. e. All sidewalks/pedestrian walkvvays within the apartment complex are required to be at least 5' wide as required by the MCC, not 4' wide as depicted. 8. The commercial parking lot exceeds 201 parking stalls (441 provided). MCC 12~ 13~ 11 ~3 requires parking lots with more that 201 parking stalls to provide 8% of the total area of the interior of the parldng lot with landscaping. The applicant shall provide either a new site plan that is in compliance with this section of code or provide the calculations based on the existing site plan to the Planning and Zoning staff at least ten days prior to the next public hearing for this development. 9. Additional landscape islands and trees shall be required within the commercial parldng lot per MCC12-13-11D, E. A new parldng lot site plan will not be required' at this time due to the conceptual nature of this PD; however, modificatfons shall be made prior to applying for detailed conditional use permits. 10.Excepting the apartment complex, all future buildings within the Sparrowhawk Planned Development, whether constructed under the subject, single~ ownership PD or on individually owned lots under a future re~subdivision, shall be designed under an established set of architectural criteria (as submitted on sheets MS-3 and MS~4). Staff recommends such standards be included in the Sparrowhawk Subdivision CC&R's and/or included in the lease agreements of all future tenants and lot owners. Staff recommends the following as minimum design standards to be applicable throughout the entire development: . High River Rock Wainscoat be incorporated into the elevations of all buildings visible from a public right-of-way; e The color of the stucco/drivit finish and roofing material be. uniform throughout the development; . . A pitched roof (minimum pitch 6/12) for all office buildings and a pre- finished metal roofing material be visible on all buildings. (Note: The "Front" and "Rear" building elevation labels on Sheet MS-4 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT ~ 6 need to be corrected as they are both labeled "North Elevation." The river rock wainscoat must be provided on the south elevation). II. Due to the size and intensity of use of the planned development, at least one bike rack shall be provided within the apartment complex, and at least two additional bike racks shall be provided within the commercial development. 12. All developnlent/constmction shall be in accordance with ADA guidelines. 13. Applicant shall be responsible for the desigrl and construction of a new 12- inch diameter water main to and through this project from the higher pressure zone east of the project site. Additional Considerations 1. Reduced Landscaping Buffers When applying for Planned Developm~nts, applicants are allowed to ask for reduced development standards if they provide additional amenities, utilize the natural topography and provide more open-space than would be found in traditional development. In this particular Planned Development, the Applicant has provided several landscaped plazas within the commercial development that "vill be connected by a five-foot-wide pathway. The Applicant has proposed to utilize the natural topography of the land by installing retaining walls and placing buildings at different elevations and they have provided a large recreation area for the apartment complex. The applicant requested phasing of the perimeter landscaping for the subdivision before the City Council, but the request was denied. a. Apartments: In return for providing the above noted amenities and open space, the Applicant has asked the City of Meridian for a 20% land use exception for the development of a 54-unit apartment complex in aC~G Zone. The Applicant's application does not specifically request any other reduced development standards. Notwithstanding, the subnlitted site plan shows reduced landscape buffers adjacent to the industrial zoned (I-L) land to the north and a reduced buffer adjacent to the Wooden Nickel Restaurant on the south. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 7 The Landscape Ordinance requires a 30'landscape buffer between multiple family dwellings (Class II) and industrial uses (Class V) and a 20' buffer between a restaurant use (Class IV) and multiple family dwellings. The Applicant's site plan shows a 15' landscape buffer adjacent to the industrial use on the north and a 10-foot landscape buffer adjacent to the restaurant to the south. The Landscape Ordinance (MCC 12-13-12-2) states that if a lower intensity use is proposed adjacent to an existing higher intensity use "with no buffer, the lower intensity use must provide the entire landscape buffer. Therefore, the Applicant is proposing a 50% reduction in the required landscape buffer in the noted areas. Staff recommends additional buffering, either additional conifers or increasing the width of the buffer. b. Commercial: The Sparrowhawk Final Plat (see Order of Conditional Approval, 'FP-01-023) landscape plan requires a minimum 25-foot wide buffer along the west and north sides of Lot 3, Block 1, adjacent to the single-family residence. The subject Site Development Plan proposes a five-foot wide pathway within this 25-foot buffer. The pathway is provided as a project amenity and is not required by City Ordinance. 2. Pathways The applicant does not provide any pathways connecting the primary use (commercial) with the secondary/excepted use (apartments). The Planned Development Ordinance encourages pathway connectivity between mixed uses. Staff recommends continuing the pathway/sidewalk that terminates within the commercial development at the eastern property line of lots I and 2, into the Apartment Complex until it connects with the apartment's internal sidewalk system. Such a change would provide additional pedestrian access to and from the commercial property. The project is approved as a conceptional approval of the entire design project; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 8 and further that the use of conifers in lieu of any additional landscaping around the buffers is approved with a 25' buffer around the private property located on the northeast corner of the overall project. Adopt the Recomlnendations of Sanitary Service as follows: 1. Applicant shall allow for a 12' gate opening for serviceability, and allow for 6 yard containers of waste containers. At the rear of the complex the waste containers are inadequately located and are not the right size. Additionally, there are no waste containers provided for the bank, fast food, convenience store or restaurant, these shall be required. Adopt the ACHD Recommendations as follows: 1. To reduce the .number of access points on Franldin Road, applicant shall provide a recorded cross access easement among the parcels within the subdivision, and to the parcels to the west. 2'. In order to reduce trips to and from this development it is recommended that Tenants occupying the proposed building be required to provide an Alternative Transportation Program for employees and provide an annual report to ACHD on employee participation. Commuteride staff wi 11 coordinate the Alternative Transportation Program with the applicant. For more information contact Pat Nelson at 387-6160. 3. In order to reduce trips to and from this development, it is recommended that the tenants occupying the proposed building(s) be required to participate in any Transportation Management Association (TMA) or Transportation Management Organization (TMO) that is formed with a boundary that includes this site or is adjacent to this development. 4. A Transportation Management Association (TMA) or Transportation Management Organization (TMO) is formed with a coordinator that works as a liaison between businesses and private and public transportation" . providers to increase the use of alternative transportation and other trip reduction measures (shuttle buses, bus pass programs, vanpools, carpools, bicycle and walking enhancements). An annual survey will be required of FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION "AND ORDER GRANTING CONDITIONAL USE PERMIT - 9 the TMNTMO to monitor participation in alternative transportation programs and forwarded to the ACHD Commuteride Office. The following Site Specific Requirements and Standard Requirements must be met or provided for prior to ACHD approval of the final plat; Site Specific Requirements: 1. Dedicate 60-feet of right-of-way from the centerline of Franklin Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first 2. Dedicate 29-feet of right-of-way from the centerline of Nola Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. The owner will not be compensated for this additional right-of-way because is a local street and is to be brought to adopted standards by the developers of abutting properties. 3. Locate any proposed gated entry a minimum of 50-feet from a public road. Coordinate the location of any proposed gated entry with District staff. 4. Provide a $37,000 deposit to the Public Rights-of-Way Trust Fund for the cost of constructing a 5-foot wide concrete sidewalk on Franklin Road abutting the parcel (approximately 1 ,8S0-feet) prior to District approval of a final plat. OR Construct a 5-foot wide concrete sidewalk on Franklin Road abutting the parcel. Coordinate the location and design of the sidewalk with District staff. 5. A maximum of three driveways shall be approved '011 Franldin Road for the subdivision. This shall be noted on the final plat. 6. Driveways on Franldin Road shall align or offset a minimum of 18~-feet. from ai1yexisting or proposed driveways or streets on both the north and south side of Franldin Road. Driveways on Franldin Road shall also be located a minimum of 440-feet from Nola Road for full access, and 220-feet for right-in!right-out access. The main driveway to Lot 3 shall align with Weatherby Street on the south side of Franldin Road. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 10 7. ACHD shall review the proposed site plans for driveway locations upon development of the individual lots. 8. Construct curb, gutter, 5-foot wide concrete sidewalk and match paving on Nola Road abutting the parcel. Improvements shall be constructed to one- half of a 40-foot street section. 9. One driveway on Nola Road shall be approved at a location a minimum of 175-feet north of Franklin Road. 10.Pave the driveways their full width of 24 to 30-feet and at least 30-feet into the site beyond the edge of pavement of Nola Road and Franldin Road and install pavement tapers with IS-foot radii abutting the existing roadway edge. 11.Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners associati011. Notes of this shall be required on the final plat. 12.0ther than the access points specifically approved with this application, direct lot or parcel access to Franldin Road and Nola Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. Adopt the Recommendations of Nampa-Meridian Irrigation District as follows: 1. All laterals and waterways must be protected and all surface drainage must be retained on site. Although this is no~ a Nampa & Meridian Irrigation District facility, it is the end of the Barker Lateral and must be sized to carl.)' a minim of 250 miner inches of water. All irrigation work IUUSt be completed no later than March 15,2002. Adopt the Recommendations of Meridian Fire Departluent as follows: 1. That a fire-flow of 4,250 gallons per minute shall be available for duration of 4 hours to service the entire project. Fire hydrants shall be FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION .AND ORDER GRANTING CONDITIONAL USE PERMIT ~ II placed an average of 350' apart. 1997 UFC Appendix III-A. 2. Ail internal roads shall corners with a minimum of a 28' inside radius and 48' outside radius. 3. The proposed buildings and uses shall comply with the 1997 Uniform Fire Code. 4. Acceptance of water supply for fire protection is contingent upon acceptance of the water system by the City of Meridian. 5. Final approval of fire hydrant locations shall be by the Fire Department. 6. The roadways shall be built to Ada County Highway standards. 7. Provide an approved turnaround for any street, which exceeds 150' in length as a result of the phasing of the project. 8. .. All fLiel dispensing and fuel storage shall comply with the requirements of the Uniform Fire Code. 9. All building uses and occupancies shall comply with the separation requirements of the Uniform Building Code. Adopt the Recommendations of the Water Departlnent as follows: I. The 12" main on Franklin Road shall be connected to the 12" main near Parkway Plaza. Fire flows may be inadequate unless this is done. Adopt the Recommendations of the Central District Health Department as follows: I. The Applicant's central sewage and central water plans must. be sublnitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 2. Run-off is not to create a mosquito breeding problem. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 12 3. The District's records show that the fonner project of Sparrowhawk Subdivision, now known as The Foothills Apartments, has been approved. Additionally, comply,vith the action of the City Council from their meeting held on April 2, 2002 as follows: I. As part of the original Development Agreement, annexation, and the preliminary plat, the requirement shall be to construct all the perimeter landscaping prior to any occupancies on the site, and which will include down to Nola Roiad, the 35-foot landscape setback. 2. Applicant submitted a letter addressing modifications to the proposed Master Site Plan, and which letter is dated March 18, 2002, and is on file with th~ City Clerk's office. 3. The conceptual uses for the remainder of the site, which includes variou,s commercial, retail and office uses will require have to come back to the Council with a detailed Conditional Use Applications with each building pad. 4. Removal of the present buildings shall be relnoved upon approval of the Final Plat prior to recordation. 13. 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; it is found that the subject property is large enough to accommodate the requested use and all other required features, given the submitted building footprints. 14. That the proposed use and development plan will be harn1oniouswith the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; it is found that the current Comprehensive Plan Land Use Map designates FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 13 the property as "Mixed Planned Use Development". The proposed residential uses are harmonious with and in accordance with the Comprehensive Plan. 15. 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 0 the same area, except the placement of high density residential adjacent to an industrial zone. The existing industrial uses may have a negative impact on the requested apartment use exception, resulting in possible complaints of noise, appearance and odor. 16. That the proposed use, if it complies "With all conditions of the approval imposed, "Will not adversely affect other property in the vicinity; it is found that the proposed use would not adversely affect other properties in the general vicinity. 17. That the proposed use will be served adequately by essential public facilities and services such as highways, street, police, and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services; except it is found that the existing City of Meridian water systen: cannot selve the project adequately. Anticipated fire flows and pressures necessary for this apartment complex should be met 'with the extension of a new 12-inch diameter water main. to the higher pressure zone east of the project site. Applicant FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 14 may be required to provide fire sprinlder systems throughout this project if fire flow requirements, as determined by the Meridian Fire Department, exceed the available flows from the high pressure zone. Applicant shall be responsible for all costs associated with this main extension. 18. That the proposed use will not create excessive additional requirements at public cost for public facilities and services and "vill not be detrimental to the economic welfare of the community. 19. That the proposed use will not involve activities or processes, materials, equipment, and conditions of operation that will be detrimental to any persons, propc:rty, or general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 20. 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. 21. That the proposed use ,011 not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of inajor importance. Existing trees greater than 4" caliper must be retained or mitigated for, if removed. 22. The uses permitted by the exception are strongly related to the principal 1,.lSe of the development, and have the purpose of providing services or facilities useful or complementary to the primary use, it is found that the apartment use is related to FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 15 the commercial use as it will provide housing immediately adjacent to an area of employment. Mixing residential uses and commercial uses will encourage the commercial development to be constructed as a pedestrian friendly center, and the apartments will provide an immediate consumer base for the commercial development. 23. No more than 20% of the total area of the project shall be devoted to the uses permitted by the exception. The percentage of use exception allowed will be determined by the Commission and Council based upon the size of the project and intensity of the use exceptions; it is found that Lot I, Block 1 of Sparrowhawk Subdivision is approximately 3.85 acres in size, or approximately 19% of the total area of the subdivision. It is found that the intensity of the apartment use and the size of the project is so large that the requested use exception should be reduced below the requested 19%. 24. The development will be placed so that construction of the excepted use or uses will be justified by construction of all or a proportionate amount of the principal or primary use or uses; it is found that the excepted use, apartments, is projected as the first phase of the development. Upon completion, the occupants of the apartments will need services that will be provided by later phases of the development. 25. The uses permitted by the exception are integrated into the overall FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 16 project, such as the apartment use will be within convenient walking distance of the commercial uses; the site design incorporates interconnectivity through shared vehicular access points; the apartments are located in a manner that "vill facilitate vehicular access from the commercial site; that the landscaping buffer along Franldin Road is consistent with the bulk of the development. Additionally, it is found that the apartment use vvill create a new small neighborhood, and that the apartment use is not regional in size; furthermore, it is found that the apartment use is not detrimental to other uses in the adjacent neighborhoods. CONCLUSIONS OF LAW l,. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Act" codified at Chapter 65, Title 67, Idaho Code (I.c. 867-6503). 2. The Meridian City Council may exercise all the powers required and authorized under the "Act" except the power to adopt ordinances by the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho Code Section 67-6504 which the City Council of the City of Meridian has established by the passage of the "City of Meridian Zoning and Development, Ordinance" at Titles XI and XII, Chapter I, Meridian City Code. 3. As part of a zoning ordinance the City Council can, subject to hearing and notice provision required, provide for the process of special and/or conditional FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 17 use perl1"tits which a proposed use is otherwise prohibited by the terms of the ordinance but allowed with conditions under the specific provisions of the ordinance which the City of Meridian has done in the adoption of its zoning ordinances. 4. The City Council has the duty and responsibility to review the facts and circumstances of each application for special use permit to determine prior to granting the same that the evidential showing supports the finding that the following standards are met and that the proposed development: (Meridian City Code S 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; 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; 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; d. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the yicinity; e. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire , protection, d~ainage structures, refuse disposal, water, sewer; or that the person responsible for the establishment of the proposed conditional use shall be able to provide adequately any such services; f. That the proposed use will not create excessive additional cost for public facilities and services and will not be detrimental to the economic welfare of the community; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 18 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 the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; h. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create interference with traffic on surrounding public streets; and i. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. 5. Prior to granting a conditional use permit in the General Retail and Service Commercial District (C-G), a public hearing shall be conducted with notice to be published and provided to property owners or purchasers of record within three hundred feet(300') of the external boundaries of the land under consideration for the conditional use permit all in accordance with the provisions of Meridian City Code S 11-17-5 City of Meridian Zoning and Development Ordinance, which provides as follows: "Prior to approving a Conditional Use Permit, the applicant and the Commission and Council shall follow notice and hearing procedures provided in Chapter 15 of this Title. Provided, however, that conditional use applications for land in Old Town and in industrial and commercial districts shall only be required to have one public hearing.which shall be held before the Planning and Zoning Commission; and after the recommend~tion of the Commission is made, the application shall go before the City Council without a public hearing and the Council may approve, deny, or modify the recommendation of the Commission." . 6. Follmving the public hearing and within 45 days after the conclusion of the public hearing the Commission shall, transmit its recommendations to the Meridian City Council with supportive reasons. The Commission shall recommend ,FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 19 that the application be approved, approved 'with conditions or denied. The Commission shall ensure that any approval or approval with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City Code S 11-17-6) 7. When the City Council approves a conditional use permit it may impose conditions of that approval that reasonably: A. Minimize a~verse impact on other development; B. ~ontrol the sequence and timing of development; c. . Control the duration of development; D. Assure that the development is maintained property; E. Designate the exact location and nature of the development; F. Require the provision for on-site public facilities or services; and G. Require more restrictive standards than those generally required, in this Ordinance. 8. The City of Meridian has, by ordinance', established the Impact Area and the Comprehensive Plan of the City of Meridian, which <was adopted December 21, 1993, Ord. 629, Janumy 4, 1994 and Maps. DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 20 CONDITIONS NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does Order that: I. That the above named applicant is granted a conditional use permit for a planned unit development for a 54 unit apartment complex for The Foothills Apartments in a C-G zone located at the northeast corner of N. Nolar Road and E. Franldin Road, Meridian, Idaho, subject to the following conditions of use and ~evelopment, subject to the following: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows:' . I. Applicant shall record the Final Plat of Sparrowhawk Subdivision and construct all perimeter fencing prior to applying for any building permits. 2. Pursuant to 12-6-7B of the MCC, the development of Lots 2 and 3 of Sparrowhawk Subdivision shall require a detailed conditional use permit approval prior to future development. Because detailed plans for the 54-unit apartment project were submitted with this application, a new conditional use permit shall not be required prior to construction of this lot. 3. Perimeter landscaping for the entire subdivision shall be installed prior to occupancy of any building within the subdivision~ as well as all perimeter landscaping associated with this conditional use permit. The remaining landscaping and irrigation within the apartment project shall be completed or bonded for prior to issuing any occupancy permits. 4. A detailed landscape plan for the apartment complex shall be provided prior to the issuance of the Certificate of Zoning Compliance. The subdivision perimeter l:indscaping shall be installed as approved as part of the final plat. 5. Perimeter fencing shall be completed prio~ to occupancy in accordance with FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 21 the approved Final Plat fencing and plan (Order of Conditional Approval, 1.13 FP-O 1-023), which requires a six-foot cedar fence along the north and east property lines. 6. The basketball court within the subdivision shall be rotated 900, to keep basketball players from shooting baskets towards Franklin Road. 7. The parking/site plan for the apartment complex must be revised to include the follovving changes: a. In accordance with the Landscape Ordinance, a landscape island (5' min) shall be added along the northern parking lot area to divide the 23 parking stalls into two groups of stalls "vith no more than 12 parking stalls linearly arranged without landscaping. b. A landscape island shall be added along the eastern parking lot area for reasons noted above. c. . A van accessible ADA parldng stall shall be included among the 6 ADA parking stalls provided. ,d. The submitted site plan for the parldng lot indicates a total of 108 parldng stalls for 54 apartments, a ratio of 2 parldng spaces to each apartment, as required by code. However, there are no parldng spaces provided for guests or the clubhouse/pool area. MCC 11-13-5B requires parldng for clubhouses at one space for each 300 square feet of floor area. Therefore, the 2,448 sq ft club house will require at least 8 additional parldng spaces. e. All sidewalks/pedestrian walkways within the apartment complex are required to be at least 5' "vide as required by the MCC, not 4' wide as depicted. 8. The commercial parldng lot exceeds 201 parldng stalls (441 provided). MCC 12-13-11-3 requires parldng lots with more that 20 I parldng stalls to provide 8% of the total area of the interior of the parldng l.ot with landscaping. The applicant shall provide either a new site plan that is in compliance with this section of code or provide the calculations based on the existing site plan to the Planning and Zoning staff at least ten days prior to the next public hearing for thi~ development. 9. Additional landscape islands and trees shall be required within the commercial parldng lot per MCCI2-13-IID, E. A new parking lot site plan will not be required at this time due to the conceptual nature of this PD; however, modifications shall be made prior to applying for detailed conditional use FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 22 permits. I O.Excepting the apartment complex, all future buildings within the Sparrowhawk Planned Development, whether constructed under the subject, single- ownership PD or on individually owned lots under a future re-subdivision, shall be designed under an established set of architectural criteria (as submitted on sheets MS-3 and MSA). Staff recommends such standards be included in the Sparrowhawk Subdivision CC&R's and/or included in the lease agreements of all future tenants and lot owners. Staff recommends the following as minimum design standards to be applicable throughout the entire development: . High River Rock Wainscoat be incorporated into the elevations of all buildings visible from a public right-of-way; . The color of t~e stucco/drivit finish and roofing material be uniform throughout the development; . A pi~ched roof (minimum pitch 6/12) for all office buildings and a pre- finished metal roofing material be visible on all buildings. (Note: The "Front" and "Rear" building elevation labels on Sheet MS-4 need to be corrected as they are both labeled aN orth Elevation." The river rock wainscoat must be provided on the south elevation). Il.Due to the size and intensity of use of the planned development, at least one bike rack shall be provided within the apartment complex, and at least two additional bike racks shall be provided within the commercial development. 12.AlI development/construction shall be in accordance with ADA guidelines. 13.Applicant shall be responsible for the desigr'l and cO~1struction of a new I2-inch diameter water main to and through this project from the higher pressure zone east of the project site. . Additional Considerations 1. Reduced Landscaping Buffers When applying for Planned Developments, applicants are allowed to ask for reduced development standards if they provide additional amenities, utilize the natural topography and provide more open-space than would be found in "FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 23 traditional development. In this particular Planned Development, the Applicant has provided several landscaped plazas within the commercial development that will be connected by a fiveMfootMwide pathway. The Applicant has proposed to utilize the natural topography of the land by installing retaining walls and placing buildings at different elevations and they have provided a large recreation area for the apartment complex. The applicant requested phasing of the perimeter landscaping for the subdivision before the City Council, but the request was denied. a. Apartments: In return for providing the above noted amenities and open space, the Applicant has asked the City of Meridian for a 20% land use exception for the development of a 54Munit apartment complex in a CMG Zone. The Applicant's application does not specifically request any other reduced development standards', Notwithstanding, the submitted site plan shows reduced landscape buffers adjacent to the industrial zoned (I-L) land to the north and a reduced buffer adjacent to the Wooden Nickel Restaurant on the south. The Landscape Ordinance requires a 30'landscape buffer between multiple family dwellings (Class II) and industrial uses (Class V) and a 20' buffer between a restaurant use (Class IV) and multiple family dwellings. The Applicant's site plan shows a 15' landscape buffer adjacent to the industrial use on the north and a IO-foot landscape buffer adjacent to the restaurant to the south. The Landscape Ordinance (MCC 12-13-12-2) states that if a lower intensity use is proposed adjacent to an existing higher intensity use with no buffer, the lower intensity use must provide the entire landscape buffer. Therefore, the Applicant is proposing a 50% reduction ,in the required landscape buffer in the noted areas. Staff recommends additional buffering, either additional conifers or increasing the width of the buffer. b. Commercial: The. Sparrowhawk Final Plat (see .order of Conditiorlal Approval, FP-O 1-023) landscape plan requires a mininlum 25'-foot "vide buffer along the west and north sides of Lot 3, Block 1, adjacent to the singleMfamily residence. The subject Site Development Plan proposes a fiveMfoot wide pathway within this 25Mfoot buffer. The pathway is provided as a project amenity and is not required by City Ordinance. ,FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 24 2. Pathways The applicant does not provide any pathways connecting the primalY use (commercial) with the secondary/excepted use (apartments). The Planned Development Ordinance encourages pathway connectivity between mixed uses. Staff recommends continuing the pathway/sidewalk that terminates within the commercial development at the eastern property line of lots I and 2, into the Apartment Complex until it connects with the apartment's internal sidewalk system. Such a change would provide additional pedestrian access to and from the commercial property. The project is approved as a conceptional approval of the entire design project; and further that the use of conifers in lieu of any additional landscaping around the buffers is approved with a 25' buffer around the private property located on the northeast corner of the overall project. Adopt the .Recommendations of Sanitary Service as follows: L Applicant shall allow for a 12' gate opening for serviceability, and allow for 6 yard containers of waste containers. At the rear of the complex the waste containers are inadequately located and are not the right size. Additionally, there are no waste containers provided for the bank, fast food, convenience store or restaurant, these shall be required. Adopt the ACHD Recommendations as follows: 1. To reduce the number of access points on Franldin Road, applicant shall provide a recorded cross access easement among the parcels within the subdivision, and to the parcels to the west. 2. In order to reduce trips to and from this development it is recommended that Tenants occupying the proposed building be required to provide al~ Alternative Transportation Program for employees and provide an annual report toACHD on employee participation. COlUmuteride staffwill ' coordinate the Alternative Transportation Program with the applicant. For more information contact Pat Nelson at 387-6160. ,FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 25 3. In order to reduce trips to and from this development, it is recommended that the tenants occupying the proposed building(s) be required to participate in any Transportation Management Association (TMA) or Transportation Management Organization (TMO) that is formed with a boundary that includes this site or is adjacent to this development. 4. A Transportation Management Association (TMA) or Transportation Management Organization (TMO) is formed with a coordinator that works as a liaison between businesses and private and public transportation providers to increase the use of alternative transportation and other trip reduction measures (shuttle buses, bus pass programs, vanpools, carpools, bicycle and walldng enhancements). An annual survey will be required of the TMNTMO to monitor participation in alternative transportation programs and forwarded to the ACHD Commute ride Office. The following Site Specific Requirements and Standard Requirements must be met or provided for prior to ACHD approval of the finaI plat: Site, Specific Requirements: I. Dedicate 60-feet of right-of~way from the centerline of Franklin Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issual1ce of a building permit (or other required permits), whichever occurs first 2. Dedicate 29-feet of right-of-way from the centerline of Nola Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. The owner will not be compensated for this additional right-of-way because isa local stree~ and is to be brought to adopted standards by the developers of abutting properties. 3. Locate any proposed gated entry a minimum of 50-feet from a'public ro~d. Coord,inate the location of any proposed gated entry "vith District staff. 0 4. Provide a $37,000 deposit to the Public Rights-of-Way Trust Fund for the cost of constructing a 5-foot wide concrete sidewalk on Franldin Road abutting the parcel (approximately I ,850~feet) prior to District approval of a final plat. OR Construct a 5~foot wide concrete sidewalk on Franldin FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 26 Road abutting the parcel. Coordinate the location and design of the sidewalk with District staff. 5. A maximum of three driveways shall be approved on Franklin Road for the subdivision. This shall be noted on the final plat. 6. Driveways on Franklin Road shall align or offset a minimum of 18S-feet from any existing or proposed driveways or streets on both the north and south side of Franldin Road. Driveways on Franldin Road shall also be located a minimum of 440-feet from Nola Road for full access, and 220-feet for right-in/right-out access. The main driveway to Lot 3 shall align with Weatherby Street on the south side of Franklin Road. 7. ACHD shall review the proposed site plans for driveway locations upon development of the, individual lots. 8. Constru~t curb, gutter, 5-foot wide concrete sidewalk and match paving on Nola Road abutting the parcel. Improvements shall be constructed to one- half of a 40-foot street section. 9. One driveway on Nola Road shall be approved at a location a minimum of l75-feet north of Franldin Road. lO.Pave the driveways their full width of 24 to 30-feet and at least 30-feet into the site beyond the edge of pavement of Nola Road and Franldin Road and install pavement tapers with IS-foot radii abutting the existing roadway edge. Il.Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintair~ed by a homeowners association. Notes of this shall be required on the final plat. 12.0ther than the access points specifically approved with this application,. direct !ot or parcel access to Franldin Road and Nola Road is prohibite~: Lot access restrictions, as required with this application, shall be stated on the final plat. Adopt the Recommendations of N ampa- Meridian Irrigation District as follows: . FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 27 1. All laterals and watetways must be protected and all surface drainage must be retained on site. Although this is not a Nalnpa & Meridian Irrigation District facility, it is the end of the Barker Lateral and must be sized to carry a minim of 250 miner inches of water. All irrigation work must be completed no later than March 15, 2002. Adopt the Recommendations of Meridian Fire Department as follows: 1. That a fire-flow of 4,250 gallons per minute shall be available for duration of 4 hours to service the entire project. Fire hydrants shall be placed an average of 350' apart. 1997 UFC Appendix III-A. 2. All internal roads shall corners with a minimum of a 28' inside radius and 48' outside radius. ' 3. The proposed buildings and uses shaU comply with the 1997 Uniform Fire Code. 4. Acceptance of water supply for fire protection is contingent upon acceptance of the water system by the City of Meridian. 5. Final approval of fire hydrant locations shall be by the Fire Department. 6. The roadways shall be built to Ada County Highway standards. 7. Provide an approved turnaround for any street, which exceeds 150' in length as a result of the phasing of the project. 8. All fuel dispensing and fuel storage shall comply with the requirements of the Uniform Fire Code. 9. All bL~ilding uses and occupancies shall cOlnply with the. separation requirements of the Uniform Building Code. Adopt the Recommendations of the Water Department as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 28 1. The 12" main on Franldin Road shall be connected to the 12" main near Parkway Plaza. Fire flows may be inadequate unless this is done. Adopt the Recommendations of the Central District Health Department as follows: 1. 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. 2. Run-off is not to create a mosquito breeding probleln. 3. The District's records show that the former project of Sparrowhawk Subdivision, now known as The Foothills Apartments, has been approved. Additionally, comply with the action of the City Council frOlu their meeting held on April 2, 2002 as follows: . 1. As part of the original Development Agreement, annexation, and the preliminary plat, the requirement shall be to constnlCt all the perimeter landscaping prior to any occupancies on the site, and which will include down to Nola Roiad, the 35-foot landscape setback. 2. Applicant submitted a letter addressing lnodifications to the proposed Master Site Plan, and which letter is dated March 18,2002, and is on file with the City Clerk's office. 3. The conceptual uses for the remainder of the site, which includes various commercial, retail and office uses will require have to COlne back to the Council with a detailed Conditional Use Applications with each building pad. 4. Removal of the present buildings shall be removed upon approval .of the Final Plat prior to recordation. 2. The conditions shall be reviewable by the Council pursuant to Meridian FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 29 City Code S 11-17-9. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. That the City Attorney draft an Order Granting Conditional Use Permit in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code S 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the /6 f& day of ~ / ,2002. ROLLCALL: COUNCILMAN KEITH BIRD VOTED flea.-. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 30 COUNCILWOMAN TAMMY deWEERD VOTED ~<-- VOTED $tZ.../ VOTED$0 COUNCILWOMAN CHERIE Mc CANDLESS COUNCILMAN WILLIAM L.M. NARY ,- MAYOR RO+T .0, CORRIE (TIE BREAKER) DATED: -If -02- VOTED MOTION: '\\f"Cl\. ~ APPR~' ~ DISAPPROVED: Copy served 'upon Applicant, Planning and Zoning Department, Public Works Department a11d the City Attorney. ByA-~,P-4-fr tJ..f>.. City Clerk {/ f . 4-/1-02- Z:\Work\M\Meridian\Mcridian [5360M\Foothills Apa~l1lcl 't FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND . ORDER GRANTING CONDITIONAL USE PERMIT - 31 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 04/02/02 IN THE MATTER OF THE ) REQUEST FOR CONDITIONAL ) USE PERMIT FOR A PLANNED ) UNIT DEVELOPMENT FOR ) THE FOOTHILLS ) APARTMENTS IN A C-G ZONE, ) LOCATED AT THE ) NORTHEAST CORNER OF N. ) NOLAR ROAD AND.E. ' ) FRANKLIN ROAD, MERIDIAN, ) IDAHO ) ) SITZLAR'REAL ESTATE ) DEVELOPMENT, ) ) APPLICANT ) ) Case No. CUP-02-001 ORDER GRANTING CONDITIONAL USE PERMIT 1. This matter coming before the City Council on the April 2, 2002, under the provisions of Meridian City Code S 11-17-4 for final action on conditional use permit application and the Council 'having received and approving the Recommendation of the Planning and Zoning Commission tl:e Council takes the following action: 2. That the above named applicant is granted a conditional use permit for a planned unit development for a 54 unit apartment complex for ORDER CONDITIONAL USE PERMIT (CUP-02-001) - 1 The Foothills Apartments in a C-G zone located at the northeast corner of N. Nolar Road and E. Franldin Road, Meridian, Idaho, subject to the following conditions of use and development: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. Applicant shall record the Final Plat of Sparrowhawk Subdivision and construct all perimeter fencing prior to applying for any building permits. 2. Pursuant to 12-6-7B of the MCC, the development of Lots 2 and 3 of Sparrowhawk Subdivision shall require a detailed conditional use permit approval prior to future development. Because detailed plans for the S4~unit apartment project were submitted with this application, a new conditional use permit shall not be required prior to construction of this lot. 3. Perimeter -landscaping for the entire subdivision shall be installed prior to occupancy of any building within the subdivision, as well as all perimeter landscaping associated with this conditional use permit. The remaining landscaping and irrigation within the apartment project shall be completed or bonded for prior to issuing any occupancy permits. 4. A detailed landscape plan for the apartment complex shall be provided prior to the issuance of the Certificate of Zoning Compliance. The subdivision perimeter landscaping shall be installed as approved as part of the final plat. 5. Perimeter fencing shall be completed prior to occupancy in accordance "vith the approved Final Plat fencing and plan (Order of Conditional Approval, 1.13 FP-OI-023), which requires a six-foot cedar fence along the north and east property lines. 6. The basketball court "vithin the subdivision shall be rotated 900', to keep basketball players from shooting baskets towards Franldin Road. 7. The parldnglsite plan for the apartment complex must be revised to include the following changes: ORDER CONDITIONAL USE PERMIT (CUP-02-00 I) -2 a. In accordance with the Landscape Ordinance, a landscape island (5' min) shall be added along the northern parldng lot area to divide the 23 parldng stalls into two groups of stalls with no more than 12 parldng stalls linearly arranged without landscaping. b. A landscape island shall be added along the eastern parldng lot area for reasons noted above. c. A van accessible ADA parldng stall shall be included among the 6 ADA parldng stalls provided. d. The submitted site plan for the parldng lot indicates a total of 108 parldng stalls for 54 apartments, a ratio of 2 parldng spaces to each apartment, as required by code. However, there are no parldng spaces provided for guests or the clubhouse/pool area. MCC 11-13-SB requires parldng for clubhouses at one space for each 300 square feet of floor area. Therefore, the 2,448 sq ft club house will require at least 8 additional parldng spaces. e. All sidewalks/pedestrian walkways within the apartment complex are required to be at least 5' wide as required by the MCC, not 4' wide as depicted. 8. The commercial parldng lot exceeds 201 parldng stalls (441 provided). MCC 12-13-11-3 requires parldng lots with more that 201 parldng stalls to provide 8% of the total area of the interior of the parldng lot with landscaping. The applicant shall provide either a new site plan that is in compliance with this section of code or provide the calculations based on the existing site plan to the Planning and Zoning staff at least ten days prior to the next public hearing for this development. 9. Additional landscape islands and trees shall be required within the commercial parldng lot per MCCI2-13-11D, E. A new parldng lot site plan will not be required at this time due to the conceptual nature of this PD; however, modifications shall be made prior to applying for detailed conditional use permi ts. I O.Excepting the apartment complex, all future buildings within the Sparrowhawk Planned Development, whether constructed under the subject, single- ownership PD or on individually owned lots under a future re-subdivision, shall be designed under an established set of architectural criteria (as submitted on sheets MS-3 and MS-4). Staff recommends such standards be included in the Sparrowhawk Subdivision CC&R's and/or included in the lease agreements of all future tenants and lot owners. Staff recommends the following as minimum design standards to be applicable throughout the entire development: ORDER CONDITIONAL USE PERMIT (CUP-02-00 I) - 3 . High River Rock Wainscoat be incorporated into the elevations of all buildings visible from a public right-of-way; . The color of the stucco/drivit finish and roofing material be uniform throughout the development; . A pitched roof (minimum pitch 6/12) for all office buildings and a pre~ finished metal roofing material be visible on all buildings. (Note: The "Front" and "Rear" building elevation labels on Sheet MS-4 need to be corrected as they are both labeled "North Elevation." The river rock wainscoat must be provided on the south elevation). 11.Due to the size and intensity of use of the planned development, at least one bike rack shall be provided "vithin the apartment complex, and at least two additional bike racks shall be provided within the commercial development. 12'AlI development/construction shall be in accordance with ADA guidelines. 13.Applicant shall be responsible for the design and constmction of a new I2-inch diameter water main to and through this project from the higher pressure zone east of the project site. Additional Considerations 1. Reduced Landscaping Buffers When applying for Planned Developments, applicants are allowed to ask for reduced development standards if they provide additional amenities, utilize the natural topography and provide more open-space than would be found in traditional development. In this particular Planned Development, the Applicant has provided several landscaped plazas within the commercial development that will be connected by a five-foot-wide pathway. The Applicant has proposed to utilize the natural topography of the land by installing retaining walls and placing buildings at different elevations and they have provided a large recreation area for the apartment complex. The applicant requested phasing of the perimeter landscaping for the subdivision before the City Council, but the request was denied. a. Apartments: In return for providing the above noted amenities and ORDER CONDITIONAL USE PERMIT (CUP-02-00 I) -4 open space, the Applicant has asked the City of Meridian for a 20% land use exception for the development of a 54~unit apartment complex in a C-G Zone. The Applicant's application does not specifically request any other reduced development standards. Notwithstanding, the submitted site plan shows reduced landscape buffers adjacent to the industrial zoned (I-L) land to the north and a reduced buffer adjacent to the Wooden Nickel Restaurant on the south. The Landscape Ordinance requires a 30'landscape buffer between multiple family dwellings (Class II) and industrial uses (Class V) and a 20' buffer between a restaurant use (Class IV) and multiple family dwellings. The Applicant's site plan shows a IS' landscape buffer adjacent to the industrial use on the north and a 10-foot landscape buffer adjacent to the restaurant to the south. The Landscape Ordinance (MCC 12-13-12-2) states that if a lower intensity use is proposed adjacent to an existing higher intensity use with no buffer, the lower intensity use must provide the entire landscape buffer. Therefore? the Applicant is proposing a SO% reduction in the required landscape buffer in the rloted areas. Staff recommends additional buffering, either additional conifers or increasing the width of the buffer. b. Commercial: The Sparrowhawk Final Plat (see Order of Conditional Approval, FP-O 1-023) landscape plan requires a minimum 2S-foot wide buffer along the west and north sides of Lot 3, Block 1, adjacent to the single-family residence. The subject Site Development Plan proposes a five-foot wide pathway within this 25-foot buffer. The pathway is provided as a project amenity and is not required by City Ordinance. 2. Pathways The applicant does not provide any pathways connecting the primary use (commercial) with the secondary/excepted use (apartnients). The Planned Development Ordinance encourages pathway connectivity between mixed uses. Staff recommends continuing the pathway/sidewalk that terminates within the commercial development at the eastern property line of lots I and 2, into the Apartment Complex until it connects with the apartment's internal sidewalk system. Such a change would provide additional pedestrian access to and from the commercial property. The project is approved as a conceptional approval of the entire design project; and further that the use of conifers in lieu of any additional landscaping ORDER CONDITIONAL USE PERMIT (CUP-02-001) - 5 around the buffers is approved with a 25' buffer around the private property located on the northeast corner of the overall proj ect. Adopt the Recommendations of Sanitary Service as follows: I. Applicant shall allow for a 12' gate opening for serviceability, and allow for 6 yard containers of waste containers. At the rear of the complex the waste containers are inadequately located and are not the right size. Additionally, there are no waste containers provided for the bank, fast food, convenience store or restaurant, these shall be required. Adopt the ACHD Recommendations as follows: 1. To reduce the number of access points on Franldin Road, applicant shall provide a recorded cross access easement among the parcels within the subdivision, and to the parcels to the west. 2. In order to reduce trips to and from this development it is recommended that Tenants occupying the proposed building be required to provide an Alternative Transportation Program for employees and provide an annual report to ACHD on employee participation. Commuteride staff will coordinate the Alternative Transportation Program with the applicant. For more information contact Pat Nelson at 387-6160. 3. In order to reduce trips to and from this development, it is recommended that the tenants occupying the proposed building(s) be required to participate in any Transportation Management Association (TMA) or Transportation Management Organization (TMO) that is formed with a boundary that includes this site or is adjacent to this development. 4. A Transportation Management Association (TMA) or Transportation Management Organization (TMO) is formed with a coordinator that works as a liaison between businesses and private and public transportation providers to increase the use of alter11ative transportation and other trip reduction measures (shuttle buses, bus pass programs, vanpools, carpools, bicycle and walking enhancements). An annual survey will be required of the TMNTMO to monitor participation in alternative transportation programs and forwarded to the ACHD Commuteride Office. ORDER CONDITIONAL USE PERMIT (CUP-02-00 I) - 6 The following Site Specific Requirements and Standard Requirements must be met or provided for prior to ACHD approval of the final plat: Site Specific Requirements: I. Dedicate 60-feet of right-of-way from the centerline of Franldin Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first 2. Dedicate 29-feet of right-of-way from the centerline of Nola Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. The owner will not be compensated for this additional right~of~way because is a local street and is to be brought to adopted standards by the developers of abutting properties. 3. Locateanyproposed gated entry a minimum of 50-feet from a public road. Coordinate the location of any proposed gated entry vvith District staff. 4. Provide a $37,000 deposit to the Public Rights-of-Way Trust Fund for the cost of constructing a 5-foot wide concrete sidewalk on Franklin Road abutting the parcel (approximately I,8S0-feet) prior to District approval of a final plat. OR Construct a S~foot wide concrete sidewalk on Franklin Road abutting the parcel. Coordinate the location and design of the sidewalk with District staff. 5. A maximum of three driveways shall be approved on Franklin Road for the subdivision. This shall be noted on the final plat. 6. Driveways on Franldin Road shall align or offset a fninimum of 18S-feet from any existing or proposed driveways or streets on both the north and south side of Franldin Road. Driveways on Franldin Road shall also be located a minimum of 440-feet from Nola Road for full access, and220~feet for right~in/right~out access. The main driveway to Lot 3 shall align with Weatherby Street on the south side of Franldin Road. 7. ACHD shall review the proposed site plans for driveway locations upon development of the individual lots. .ORDER CONDITIONAL USE PERMIT (CUP-02-001) - 7 8. Construct curb, gutter, 5-foot wide concrete sidewalk and match paving on Nola Road abutting the parcel. Improvements shall be constructed to one- half of a 40-foot street section. 9. One driveway on Nola Road shall be approved at a location a minimum. of I 75-feet north of Franldin Road. IO.Pave the driveways their full width of 24 to 30-feet and at least 30-feet into the site beyond the edge of pavement of Nola Road and Franldin Road and install pavement tapers with 15-foot radii abutting the existing roadway edge. Il.Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this shall be required on the final plat. 12.0ther than the access points specifically approved with this application, direct lot or parcel access to FranldinRoad and Nola Road is prohibited. Lot access' restrictions, as required with this application, shall be stated on the' final plat. Adopt the Recommendations of Nampa-Meridian Irrigation District as follows: I. All laterals and waterways must be protected and all surface drainage must be retained on site. Although this is not a Nalupa & Meridian Irrigation District facility, it is the end of the Barker Lateral and must be sized to carl)' a minim of 250 miner inches of water. All irrigation work must be cOlnpleted no later than March 15, 2002. Adopt the Recomlnendations of Meridian Fire Department as follows: 1. That a fire-flow of 4,250 gallons per minute shall be available for duration of 4 hours to service the entire project. Fire hydrants shall be placed an average of 350' apart. 1997 UFC Appendix III-A. . 2. All internal roads shall corners with a minimum of a 28' inside radius and 48' outside radius. . ORDER CONDITIONAL USE PERMIT (CUP-02-00 1) - 8 3. The proposed buildings and uses shall comply with the 1997 Uniform Fire Code. 4. Acceptance of water supply for fire protection is contingent upon acceptance of the water system by the City of Meridian. 5. Final approval of fire hydrant locations shall be by the Fire Department. 6. The roadways shall be built to Ada County Highway standards. 7. Provide an approved turnaround for any street, which exceeds 150' in length as a result of the phasing of the project. 8. All fuel dispensing and fuel storage shall comply with the requirements of the Uniform Fire Code. 9. All building uses and occupancies shall comply with the separation requireln~nts of the Uniform Building Code. Adopt the Recommendations of the Water Departlnent as follows: I. The 12" main on Franldin Road shall be connected to the 12" main near Parkway Plaza. Fire flows may be inadequate unless this is done. Adopt the Recommendations of the Central District Health Department as follows: I. 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: 2. Runwoff is not to create a mosquito breeding probleln. . 3. The District's records show that the former project of Sparrowhawk Subdivision, now known as The Foothills Apartments, has been approved. Additionally, comply with the action of the City Council from their meeting held on April 2, 2002 as follows: . ORDER CONDITIONAL USE PERMIT (CUP-02-00 I) - 9 I. As part of the original Development Agreement, annexation, and the preliminary plat, the requirement shall be to construct all the perimeter landscaping prior to any occupancies on the site, and which will include down to Nola Roiad, the 35Mfoot landscape setback 2. Applicant submitted a letter addressing modifications to the proposed Master Site Plan, and which letter is dated March 18, 2002, and is on file with the City Clerk's office. 3. The conceptual uses for the remainder of the site, which includes various comluercial, retail and office uses will require have to come back to the Council with a detailed Conditional Use Applications with each building pad. 4. Removal of the present buildings shall be removed upon approval of the Final' Plat prior to recordation. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use penuit. 4. Notice to Permit Holder, this conditional use permit is not transferable without complying with the provisions of Meridian City Code S 11 M 17 M8, a copy of which is attached to this permit. By action of the City Council at its regular meeting held on the I G ~ day of ~ ,2002. eLM/! o,~ Robert D. Corrie, Mayor City of Meridian .ORDER CONDITIONAL USE PERMIT (CUP-02-00 I) - 10 Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. By: JI~,Q~ Q Dated: 4~/l~tJZ- City Clerk t9'\.o Z:\Work\M\Meridian\Meridian 15360M\Foothills Apartments CUP02-00 l\OrderCUP,doc ORDER CONDITIONAL USE PERMIT (CUP-02-00I) - 11 April 1 2, 2002 Consent Agenda MERIDIAN CITY COUNCIL MEETING April 16/ 2002 APPLICANT Meridian Fire Department ITEM NO. 3 - Q REQUEST Approval of Contract for Services with Greene Fire Protection AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLlCE DEPT: CITY FIRE DEPT: CITY BWLDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Contacted: See Attached Memo and Agreement ~~ Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. Meridian Fire Department 540 E. Franklin Road Meridian, ID 83642 208-888-1234 Fax 208-895-0390 RECEIVED APR f 1 2002 CITY OF MERIDIAN CITY CLERK OFFICE To: Mayor Robert Corrie, City Council Members, and City Clerk Will Berg From: Ken W. Bowers Date: 4/9/02 Re: Contract For Services There is a develop~ent, Silverstone Subdivision at Eagle Road and Overland. They are building a building, Sunstone Place, 2100 S. Silverstone Way. This project has five different qccupancy types in one building. After speaking with Deputy Chief Silva, we would need assistance with this technically complex plan review on this project. The time to find any problems with the Uniform Fire Codes is at the design stage, not after the building is built. We would and would like to contract with Richard Greene of Greene Fire Protection & Safety Services for his services. His fee is $75.00 per hour and we have the money in the Professional Services line item. We have worked with Greene Fire Protection & Safety in the past on many projects and have had good comments from the contractors and developers on his work style. would like to have the Mayor sign the contract and the City Clerk to attest. If you have any questions please contact me. Thanks, Ken W. Bowers, Chief Meridian Fire Department . Page 1 EMPLOYMENT AGREEMENT Agreement made, effective as of , 2002, by and between City of Meridian, Idaho, a municipal corporation organized and existing under the laws of the State of Idaho, with its principal office located at 33 E. Idaho, Meridian, Ada County, Idaho, referred to in this agreement as City, and Greene Fire Protection & Safety Services, Inc., of 2580 S. Linder Road, Meridian, Ada County, Idaho, referred to in this agreement as consultant. RECITALS A. City wishes to contract with consultant for the services of consultant in the field of review of building plans, local jurisdiction fire sprinkler plans, fire alarm plans, and fire protection issue related building inspections. B. Consultant is willing and qualified to perform such services. In consideration of the m'!-tters described above, and of the mutual benefits and obligations set forth in this agreement, the parties agree as follows: SECTION ONE SERVICES It is understood that services provided by consultant pursuant to this agreement shall be so provided on a day-to-day, as-needed basis. City shall have sole discretion to determine the need for continued providing of such services. City shall have sole discretion to establish the minimum qualifications necessary for the performance of any service to be rendered by consultant under and pursuant to this agreement. Further, if at anytime and at its sole discretion, city determines that the services performed under and pursuant to this agreement by any of consultant's employees are not satisfactory, it will so notify consultant in writing and consultant shall iITI:mediatelywithdraw such individual and, at city's option, furnish an individual who meets the qualifications required. Consultant agrees to perform such services as may be requested in writing by city, including, but not limited to, review of building plans, local jurisdiction fire sprinkler plans, fire ,alarm plans, and fire protection issue related building inspections. EMPLOYMENT AGREEMENT - 1 SECTION TWO COMPENSATION City shall compensate consultant as follows: A. $75.00 per hour for the effort expended by consultant pursuant to this agreement. B. Payment under this section by city shall be 30 days from the date of receipt by city of consultant's invoice setting forth the total effort expended and actual expenses incurred and paid for by consultant. Consultant's invoice for expenses shall be supported by appropriate receipts. SECTION THREE CONSULTANT'S EMPLOYEES In the event employees of consultant also perform services for city under and pursuant to this agreement, they shall be bound by the provisions of this agreement and consultant shall, at the request of city, furnish to city satisfactory evidence to that effect and that such employees are in fact employees of consultant only and that all taxes required to be withheld or paid on behalf of such employees have been paid or provided for by consultant. SECTION FOUR INSURANCE Consultant will cover all its employees with worker=s compensation insurance, and will maintain liability insurance coverage equal to, or exceeding the Idaho Tort Claim Act limitations and will name the City as an additional named insured under such policy. Certificates of insurance verifying coverage shall be provided to City prior to beginning services under this agreement. SECTION FIVE CONSULTANT REPRESENTATIONS Consultant represents and warrants that consultant ,and consultant's employees have the right to perform the services required under and pursuant to this agreement without violation of obligations to others, and that consultant and its employees have the right to disclose to city all information transmitted to city in the performance of services under and pursuant to this agreement, and consultant agrees that any information submitted to city, whether patentable or not, may be used fully and freely by city. . EMPLOYMENTAGREEMENT-2 SECTION SIX DURATION AND TERMINATION This agreement shall become effective on the date stated above and shall continue for a period of 180 days. In addition to terminating at the end of such period, this agreement may be terminated pursuant to the following: A. Immediately on the death or incapacity of any person employed by consultant who, in the sole opinion of city, was essential for the successful perlormance of consultant's obligations under and pursuant to this agreement; B. By either party, with or without cause at anytime, on 30 days' prior 'Written notice; or C. By city, at any time, on 10 days' prior written notice, if consultant assigns this agreement, or any right or obligation under this agreement, without city's prior 'Written consent; or if there is a change in the control or management of consultant that is unacceptable to city; or if consultant ceases to function as a going concern, or to conduct its operations in the normal ,course of business. The obligations of consultant under Sections Four, Five, and Six, above, shall survive any expiration or termination of this agreement. On termination of this agreement, consultantvvill return to city all written information, drawings, models, and other materials or files supplied to consultant or created by consultant at the expense of city. SECTION SEVEN INJURIES TO CONSULTANT If consultant has no employees and intends to perlorm services personally under this agreement, then consultant waives any rights to recovery from city for any injuries that consultant may sustain while perlorming services under and pursuant to this agreement and that are a result of consultant's.own negligence. SECTION EIGHT LOSS OR DAMAGE Consultant shall be responsible for and shall reimburse city for all loss or damage to city's property, property of third parties, or personal injury caused by the aCts or omissions of consultant, its agents, or employees during the term of this agreement. SECTION NINE ASSIGNMENT The rights of consultant under this agreement are personal to consultant and may not be assigned or transferred to any other person, firm, or corporation without the prior, express, and written consent of city. EMPLOYMENT AGREEMENT - 3 SECTION TEN ENTIRE AGREEMENT This agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this agreement shall not be binding upon either party except to the extent incorporated in this agreement. SECTION ELEVEN MODIFICATION OF AGREEMENT Any modification of this agreement or additional obligation assumed by either party in connection with this agreement shall be binding only if evidenced in writing signed by each party or an authorized representative of each party. SECTION TWELVE NOTICES Any notice provided for or concerning this agreement shall be in writing and be deemed sufficiently given when sent by certified or registered mail if sent to the respective address of each party as set forth at the beginning of this agreement. SECTION THIRTEEN GOVERNING LAW It is agreed that this agreement shall be governed by, construed, and enforced in accordance with the laws of the State of Idaho. SECTION FOURTEEN EFFECT OF PARTIAL INVALIDITY The invalidity of any portion of this agreement will not and shall not be deemed to affect the validity of any other provision. In the event that any provision of this agreement is held to be invalid, the parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision. EMPLOYMENTAGREEMENT-4 In mtness of the above, each party to this agreement has caused it to be executed at Meridian, Idaho on the date indicated below. Date: Richard D. Greene Greene Fire Protection & Safety Services, Inc. Date: Greene Fire Protection & Safety Services, Inc. Date: Robert D. Corrie, Mayor ATTEST: Date: William G.Berg, Jr., City Clerk Date: Chief Ken W. Bowers Meridian Fire Department EMPtOYMENTAGREEMENT-5 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effecti ve as hereinabove provided. STATE OF IDAHO, ) : ss County of Ada, ) On this day of , 2002, before me; a Notary Public, personally appeared Richard D. Greene and , knO\VIl or identified to me to be the and , respectively of Greene Fire Protection & Safety Services; Inc., who executed the instrument on behalf of said corporation, and acknowledged to me that such corporation executed the same. (SEAL) Notary Public for Idaho Residence: Commission Expires: STATE OF IDAHO, ) : ss ) County of Ada; On this day of , 2002, before me, a Notary Public, personally appeared Robert D. Corrie and William G. Berg; Jr., knO\VIl or identified to me to be the Mayor and Clerk respectively; and Fire Chief Ken W. Bowers, of the City of Meridian, who executed the instrument on behalf of said City, and acknowledged to me that such City executed the same. (SEAL) Notary Public for Idaho Residence: Commission Expires: \\204.229.127 .194\SERVER2\ Work\M\Meridian\Meridian 15360M\Fire Dept\FirelnspectionServicesConsul tan tGreeneF ire ProtSafetyServiceAgmt.doc EMPLOYMENT AGREEMENT - 6 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 03w26-02 IN THE MATTER OF THE ) REQUEST FOR CONDITIONAL ) USE PERMIT FORA 92 ROOM ) HOTEL AND ONE SINGLE ) STORY OFFICE BUILDING ) AND ONE TWO STORY ) OFFICE BUILDING IN A C-G ) ZONE FOR HAMPTON INN ) HOTEL, LOCATED AT THE ) SOUTHWEST CORNER OF ) ALLEN STREET AND GENTRY ) WAY, MERIDIAN, IDAHO ) ) MERIDIAN HAMPTON ) CENTER, LLC, ) ) APPLICANT ) ) Case No. CUP~OI~044 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT The above entitled conditional use permit application having come before the City Council on March 5,2002, and continued until March 26, 2002, at the hour of 6:30 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Shari Stiles, Planning and Zoning Administrator, Wes Steele, appeared an~ testified, and "the City Council having duly considered the evidence and the record in this matter and the Recommendations to City Council issued by the Planning and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING' CONDITIONAL USE PERMIT (CUP-O 1 ~044) 1 Zoning Commission who conducted a public hearing and the Council having heard and taken oral and written testimony, and having duly considered the matter, the City Council hereby makes the following Findings of Fact, Conclusions of Law and Decision and Order to-wit: FINDINGS OF FACT 1. A notice of a public hearing on the conditional use permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for March 5, 2002 and continued until March 26, 2002, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record "vithin three hundred feet (3001) of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing and the copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the March 5,2002 and continued until March 26,2002-, .public hearing; and the applicant, affected property owners, and government subdivisions providing se~'Vices within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-OI-044) 2 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code 967-6509,6512, and Meridian City Code 99 11-15-5 and 11-17- 5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. This proposed development request is in a C.G zone and by reason of the provisions of the Meridian City Code 9 11-17-4, a public hearing was required before the City Council on this application. 4. The property is located at the southwest corner of Allen Street and GentlY Way, Meridian, Idaho. 5. The owner of record of the subject property is John and Alberta Sonntag of Boise, Idaho. 6. Applicant is Meridian Hampton Center, LLC of Sparks, NY. 7. The subject property is currently zoned C.G. The zoning district of C-G is defined within the City of Meridian Zoning and Development Ordinance, Section 1l.7-2. 8. The proposed application requests a conditional use permit for development of one 92 room Hampton Inn Hotel, one single stOlY office building and one 2~story office building. The C-G zoning designation within the City of Meridian Zoning and Development Ordinance requires a conditional use permit be FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING' CONDITIONAL USE PERMIT (CUP-OI-044) 3 obtained for most uses including those requested by the Applicant. (Meridian City Zoning and Development Ordinance, Section 11 ~8~ 1). 9. The Meridian City Council recognizes that the proposed application is in compliance with the Meridian Comprehensive Plan. 10. The use proposed within the subject application will in fact, constitute a conditional use as determined by City Policy. 11. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code and all current zoning maps thereof and the Comprehensive Plan of the City.of Meridian, and Maps and the Ordinance establishing the Impact Area Boundary. 12. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed and the following is also found to be required to'mitigate the effects of the proposed use and development upon services delivered by political subdivisions providing services to the subject real property within the planning jurisdiction of the City of Meridian subject to the following: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING' CONDITIONAL USE PERMIT (CUP~Ol-044) 4 ( Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: I. The applicant shall provide ACHD with a copy of a recorded cross access easement for the use of the comm.on driveways and parking lots. 2. The applicant shall be responsible for obtaining a separate sign pernlit for each sign. 3. All conditions placed on this application shall run with the land and shall not lapse or be waived as the result of any change in tenancy or ownership of any or all of the lands governed by this CUP application. All such conditions shall be deemed the requirements for the issuance of a Certificate of Occupancy for any use or structure as per City Ordinance. 4. Initiation of work on the planned development shall take place within eighteen months, as set forth in section 11-17-4. All phases of the planned development shall be completed within 5 years of.the date of approval; approval of any un- initiated phases will lapse after that time unless a time extension is granted by the Council (MCC12-6-8). 5. All trees over 4" in caliper that are removed from the site shall be replaced with an equal number of caliper inches of trees, in conformance with the Landscape Ordinance. 6. Temporary fencing shall be installed around the project during construction to prevent construction debris from blowing onto adjacent properties and roadways. 7. Section 4.2 of the original Development Agreement (Resolution No. 329) shall be modified to include hotel and office uses as uses permitted by the Development Agreement. 8. 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- i-4 and 9-4-8. -Wens may be used for non-domestic purposes such as landscape irrigation. 9. Compaction test results must be submitted to the Meridian Building Department for all lots receiving engineered backfill. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-OI-044) 5 10. Off-street parldng shall be provided in accordance with City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 11. Paving and striping shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance and in accordance 'vvith Americans with Disabilities Act (ADA) requirements. 12. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer for all off~street parking areas. All site drainage shall be contained and disposed of on-site. An operation and maintenance agreement for joint drainage facilities shall be developed for inclusion in the CC&R's of the subdivision. 13. Outside lighting. shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance. 14. All signage shall be in accordance "vi th the standards set forth in the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs "vilI be permitted. 15. Provide five-foot-wide sidewalks throughout development in accordance with City Ordinance. 16. All construction shall conform to the requirements of the Americans with Disabilities Act. 17. Landscaping shall be installed as submitted (Sheet Ll.O). Adopt the Recommendations of the ACHD as follows: .' I. Dedicate 29-feet of right-of-way from the centerline of Allen Street abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. The owner will not be compensated for this additional right-of-way because Allen Street is a local commercial street and is to be brought to adopted standards by the developers of abutting properties. FIND1NGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING 'CONDITIONAL USE PERMIT (CUP-O 1-044) 6 2. Construct curb, gutter, 5-foot wide concrete sidewalk and match paving on Allen Street abutting the parcel. Improvements shall be constructed to one-half of a 40- foot street section. 3. Construct curb, gutter, 5.foot "vide concrete sidewalk on Freeway Drive abutting the parcel. Improvements shall be constructed to one-half of a 40-foot street section. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. 5. Meet District drainage requirements per section 8000 of the ACHD Development Policy Manual. 6. If utility relocation is necessary to construct improvements required with this development, then -all utility relocation costs associated with improving street frontages abutting the site should be borne by the developer. 7. Anyexistiilg irrigation facilities should be relocated outside of the right-of-way. 8. The applicant is proposing two driveways on Allen Street and one driveway on Freeway Drive; .:. Proposed driveway # 1 is located on Allen Street approximately 30-feet south of the northern property line. This location meets District policy and is approved vvith this application. Pave the driveway to its full-required width of 25 to 30-feet and to a point 30-feet beyond the edge of pavement of Allen Street. .:. Proposed driveway # 2 is located on Allen Street approximately 180-feet south of the northern property line. This location meets District policy and is approved with this application. Pave the driveway to its full-required width of 25 to 30-feet and to a point 30.feet beyond the edge of pavement of Allen Street. .:. Proposed driveway #3 is located on Freeway Drive approximately 150-feet from the intersection of Allen Street and Freeway Drive. This location 111eets District policy and is approved with this application. Pave the driveway to its full-required width of 25 to 30-feet and to a point 30-feet beyond the edge of pavement of Freeway Drive. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING , CONDITIONAL USE PERMIT (CUP-O 1-044) 7 9. Other than the access point(s) specifically approved with this application, direct lot or parcel access to Freeway Drive and Allen Street is prohibited. Lot access restrictions, as required vvith this application, shall be stated on the final plat. 10. Comply "vith all of ACHD's Standard Requirements listed in their report dated January IS, 2002. Adopt the Meridian Fire Department Recommendations as follows: I . A fire-flow consistent with the Uniform Fire Code shall be provided to service the entire project. Applicant shall show all proximity hydrants within SOO' of the project on the construction drawings. 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. Water supply shall be provided before combustible construction begins. 3. Final Approval of the fire hydrant locations shall be by the Meridian Fire Departll1e'n t. 4. All radii shall be 28' inside and 48' outside radius. S. The roadways shall be built to ACHD standards. 6. The vertical clearance for the covered loading area shall be 13' 6". Adopt the Recommendation of the Nampa & Meridian Irrigation District. I. Applicant shall apply for a land use change/site application. 2. All laterals and waste ways must be protected and all municipal surface drainage must be retained on site. If any surface drainage leaves :the site, the District must review drainage plans. The developer must comply vvith Idaho Code 931-3805. ' Adopt the Recommendations of the Central District Health Department as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING . CONDITIONAL USE PERMIT (CUP-01-044) 8 I. The Applicant's central sewage and central water plans 1l1USt be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 2. Run-off is not to create a mosquito breeding problem. 3. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 4. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. Adopt the Recommendations of Sanitaty Services as follows: I. Applicant shall allow for a 12' Minimum enclosure gate opening per garbage container. ' Additionally, comply with the action of the City Council taken at their March 26, 2002 meeting as follows: I. The signage package shall meet the Meridian City Code, and shall also specifically address where the sign is intended to be located to the freeway, and shall clarify the placement of the monument signs that are proposed. 13. The proposed uses within the subject application will be harmonious with and in accordance with the Meridian Comprehensive Plan and the City of Meridian Zoning and Development Ordinance because:. . 13.1 The subject property is designated on the "Generalized Land Use Map" as "Mixed/Planned Use Development". 14. The uses proposed within the subject application subject to the conditions herein ordered will be designed, constructed, operated and maintained to FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-OI-044) 9 be harmonious and appropriate in appearance or intended character of the general vicinity and that such uses will not change the intended essential character of the same area. It is found that the height of the Hampton Inn Hotel, if measured from adjacent grade to the top of the building is slightly taller (approximately 45'6") than the maximum 40' height allowed in the C-G zone. The City defines building height of mansard roof structures, like the hotel, as the vertical distance measured frOIn the grade of the front of the building to the deck line of a mansard roof. The deck line of the hotel roof is 39' and is hereby in conformance with Meridian City Code. 15. The uses proposed within the subject application will not be hazardous or disturbing to existing or future neighboring uses. 16. The uses proposed within the subject application will be served adequately by central public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, and sewer. 17. The uses proposed within the subject applicat.ion will 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. 18. . 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; it is found that the proposed use will not create significant interference with FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP~01-044) 10 any traffic on the surrounding public streets as long as ACHD requirements are met and aU approaches and traffic control measures are installed. 19. The development will not result in the destruction, loss or damage of natural or scenic feature of major importance relating to the property. CONCLUSIONS OF LAW 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Act" codified at Chapter 65, Title 67, Idaho Code (I.c. s67.6503). 2. The Meridian City Council may exercise all the powers required and authorized under the "Act" except the power to adopt ordinances by the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho Code Section 67.6504 which the City Council of the City of Meridian has established by the passage of the "City of Meridian Zoning and Development Ordinance" at Titles XI and XII, Chapter I, Meridian City Code. 3. As part of a zoning ordinance the City Council can, subject to hearing and notice provision required, provide for the process of special and/or conditional use permits which a proposed use is othenvise prohibited by the tenns of the ordinance but allowed with conditions under the specific provisions of the ordinance which the City of Meridian has done in the adoption of its zoning ordinances. 4. The City Council has the duty and responsibility to review the facts FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-O 1-044) II and circumstances of each application for special use permit to determine prior to granting the same that the evidential showing supports the finding that the following standards are met and that the proposed development: (Meridian City Code S 11-17- 3) A. That the site is large enough to accomnlOdate the proposed use and all yards, open spaces, parldng, landscaping and other features as may be required by this Ordinance; B. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; C. That the design, construction, operation and maintenance will be compatible with other uses ii1 the general neighborhood and with the existing or intended character of the generai vicinity and that such use will not adversely change the essential character of the same area; D. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; E. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks.! police and fire protection, drainage structures, refuse disposal, water, sewer; or that the person responsible for the establishment of the proposed conditional use shall be able to provide adequately any such services; F. That the proposed use will not create excessive additional cost for public facilities and services and will not be detrimental to the economic welfare of the community; G. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that vvill be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-OI-044) 12 H. That the proposed use will have vehicular approaches to the property which shall be so designated as not to create interference "vith traffic on surrounding public streets; and L That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. 5. Prior to granting a conditional use permit in the General Retail And Service Commercial District (C-G), a public hearing shall be conducted with notice to be published and provided to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the land under consideration for the conditional use permit all 'in accordance with the provisions of Meridian City Code S 11-17-5 Cityof Meridian Zoning and Development Ordinance, which provides as follows: "Prior to approving a Conditional Use Permit, the applicant and the Commission and Council shall follow notice and hearing procedures provided in Chapter 15 of this Title. Provided, however, that conditional use applications for land in Old Town and in industrial and commercial districts shall only be required to have one public hearing which shall be held before the Planning and Zoning Commission; and after the recommendation of the Commission is made, the application shall go before the City Council without a public hearing and the Council may approve, deny, or modify the recommendation of the Commission." 6. Following the public hearing and vvithin 45 days after the. conclusion of the public hearing the Commission shall, transmit its recommendations to the. Meridian City Council "vith supportive reasons. The Commission shall recommend that the application be approved, approved with conditions or denied. The FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-O 1-044) 13 Commission shall ensure that any approval or approval \vith conditions of an application shall be in accordance with Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City Code S 11-1 7 - 6 ) 7. When the City Council approves a conditional use permit it may impose conditions of that approval that reasonably: A. Minimize adverse impact on other developlnent; B. Control the sequence and timing of development; C. Control the duration of development; D. Assure that the development is maintained property; E. Designate the exact location and nature of the development; F. Require the provision for on-site public facilities or services; and G. Require more restrictive standards than those generally required, in this Ordinance. 8. The City of Meridian has, by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 21,1993, Ord. 629, January 4,1994 and Maps. DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-O 1-044) 14 1. That the above named applicant is granted a conditional use permit for development of one 92 room Hampton Inn Hotel, one single story office building and one 2-stOlY office building in a C-G zone located at the southwest corner of Allen Street and Gentry Way, Meridian, Idaho, subject to the following conditions of use and development: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: I. The applicant shall provide ACHD with a copy of a recorded cross access easement for the use of the common driveways and parldng lots. 2. The applicant shall be responsible for obtaining a separate sign permit for each sign. - 3. All conditions placed on this application shall run with the land and shall not lapse or be waived as the result of any change in tenancy or ownership of any or all of the lands governed by this CUP application. All such conditions shall be deemed the requirements for the issuance of a Certificate of Occupancy for any use or structure as per City Ordinance. 4. Initiation of work on the planned development shall take place within eighteen months, as set forth in section 11-17-4. All phases of the planned development shall be completed within 5 years of the date of approval; approval of any un- initiated phases will lapse after that time unless a time extension is granted by the Council (MCCI2-6-8). 5. All trees over 4" in caliper that are removed from the site shall be~replaced vvith an equal number of caliper inches of trees, in conformance "vith the Lal~dscape Ordinance. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-O 1-044) 15 6. Temporary fencing shall be installed around the project during construction to prevent construction debris from blowing onto adjacent properties and roadways. 7. Section 4.2 of the original Development Agreement (Resolution No. 329) shall be modified to include hotel and office uses as uses permitted by the Development Agreem.ent. 8. 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. 9. Compaction test results must be submitted to the Meridian Building Department for all lots receiving engineered backfill. 10. Off-street parking shall be provided in accordance with City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 1 L. Paving and striping shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance and in accordance with Americans vvith Disabilities Act (ADA) requirements. 12. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer for all off-street parldng areas. All site drainage shall be contained and disposed of on-site. An operation and maintenance agreement for joint drainage facilities shall be developed for inclusion in the CC&R's of the subdivision. 13. Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance "vith City Ordinance. 14. All signage shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance. No temporalY signage, flags, banners or flashing signs will be permitted. . . IS. Provide five-foot-wide sidewalks throughout development in accordance with City Ordinance. 16. All construction shall conform to the requirements of the Americans with FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-O 1-044) 16 Disabilities Act. 17. Landscaping shall be installed as submitted (Sheet Ll.O). Adopt the Recommendations of the ACHD as follows: I. Dedicate 29-feet of right-of-way from the centerline of Allen Street abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. The owner will not be contpensated for this additional right-of-way because Allen Street is a local commercial street and is to be brought to adopted standards by the developers of abutting properties. 2. Construct curb, gutter, 5-foot wide concrete sidewalk and match paving on Allen Street abutting the parcel. Improvements shall be constructed to one-half of a 40- foot street section. ' 3. Construct curb, gutter, 5-foot wide concrete sidewalk on Freeway Drive abutting the parcel. Improvements shall be constructed to one-half of a 40-foot street section. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. S. Meet District drainage requirements per section 8000 of the ACHD Development Policy Manual. 6. If utility relocation is necessary to construct improvements required with this development, then all utility relocation costs associated with improving street frontages abutting the site should be borne by the developer. 7. Any existing irrigation facilities should be relocated outside of the right-of-way. 8. The applicant is proposing two driveways on Allen Street and one driveway on Freeway Drive; .:. Proposed driveway # I is located on Allen Street approximately 30-feet south of the northern property line. This location meets District policy and is approved with this application. Pave the driveway to its full-required width of 25 to 30-feet FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING . CONDITIONAL USE PERMIT (CUP-O 1-044) 17 and to a point 30-feet beyond the edge of pavement of Allen Street. .:. Proposed driveway # 2 is located on Allen Street approximately 180-feet south of the northern property line. This location meets District policy and is approved with this application. Pave the driveway to its full-required width of 25 to 30-feet and to a point 30-feet beyond the edge of pavement of Allen Street. .:. Proposed driveway #3 is located on Freeway Drive approximately ISO-feet from the intersection of Allen Street and Freeway Drive. This location meets District policy and is approved with this application. Pave the driveway to its full-required width of 25 to 30-feet and to a point 30-feet beyond the edge of pavement of Freeway Drive. 9. Other than the access point(s) specifically approved "vith this application, direct lot or parcel access to Freeway Drive and Allen Street is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. 10. Comply with all of ACHD's Standard. Requirements listed in their report dated January 18, 2002. Adopt the Meridian Fire Department Recommendations as follows: I. A fire-flow consistent "vith the Uniform Fire Code shall be provided to service the entire project. Applicant shall show all proximity hydrants within 500' of the project on the construction drawings. 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. Water supply shall be provided before combustible construction begins. 3. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. 4. All radii shall be 28' inside and 48' outside radius. 5. The roadways shall be built to ACHD standards. 6. The vertical clearance for the covered loading area shall be 13' 6". FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING 'CONDITIONAL USE PERMIT (CUP-O 1-044) 18 Adopt the Recommendation of the Nampa & Meridian Irrigation District. 1. Applicant shall apply for a land use change/site application. 2. All laterals and waste ways must be protected and all municipal surface drainage must be retained on site. If any surface drainage leaves the site, the District must review drainage plans. The developer must comply with Idaho Code &31 ~3805. Adopt the Recommendations of the Central District Health Department as follows: 1. 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. 2. Run-off is not to create a mosquito breeding problem. 3. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 4. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. Adopt the Recommendations of Sanitary Services as follows: I. Applicant shall allow for a 12' Minimum enclosure gate opening per garbage container. Additionally, comply with the action of the City Council taken at their March 26, 2002 meeting as follows: I. The signage package shall meet the Meridian City Code, and shall ~lso specifically address where the sign is intended to be located to the freeway, and shall clarify the placement of the monument signs that are proposed. 2. The conditions shall be reviewable by the Council pursuant to Meridian FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-OI-044) 19 CityCode811-I7-9. 3" The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. That the City Attorney draft an Order Granting Conditional Use Permit in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code 8 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 "vithin 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. 1."/ I'lL By action of the City Council at its regular meeting held on the _ to - day of ~ ,2002. ROLL CALL: COUNCILIvIAN BIRD VOTED~ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-O 1-044) 20 COUNCILWOMAN deWEERD VOTED 1/-( ~ COUNCILWOMAN McCANDLESS VOTED ~tA.../ VOTED *-...../ COUNCILMAN NARY - MAYOR ROBERT D. CORIUE (TIE BREAKER) VOTED DATED: .f-~/b-{)Z-- MOTION: ~ APPROVED: . . DISAPPROVED: Copy served upon Applicant, Planning and Zoning Department, Public Works Departni.ent and the City Attorney. BJ~~!b, ,e;. Citv Clerk J . 1--/7--01-- \\204.229. 127. I 94\SERVERZ\Work\M\Mcridian\tvleijdian 044.doc ~, \ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING . CONDITIONAL USE PERMIT (CUP-OI-044) 21 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 03/26/02 IN THE MATTER OF THE ) REQUEST FOR CONDITIONAL ) USE PERMIT FORA 92 ROOM ) HOTEL AND ONE SINGLE ) STORY OFFICE BUILDING ) AND ONE TWO STORY ) OFFICE BUILDING IN A C-G ) ZONE FOR HAMPTON INN ) HOTEL, LOCATED AT THE ) SOUTHWEST CORNER OF ) ALLEN STREET AND GENTRY ) WAY, MERIDIAN, IDAHO ) ) MERIDIAN HAMPTON ) CENTE~,LLC, ) APPLICANT ) ) Case No. CUP-O 1-044 ORDER GRANTING CONDITIONAL USE PERMIT I. This matter coming before the City Council on the 26th day of March, 2002, under the provisions of Meridian City Code 8 11-17-4 for final action on conditional use permit application and the Council having received and approving the Recommendation of the Planning and Zoning Commission the Council takes the following action: 2. That the above nanled applicant is granted a conditional use peri11it for a 92 room hotel and one single story office building and one two stOlY office building ORDER CONDITIONAL USE PERMIT PLANNED DEVELOPMENT BY MERIDAN HAMPTON CENTER, LLC / CUP-OI-044 - 1 in a C-G zone located at the southwest corner of Allen Street and Gentry Way, Meridian, Idaho, subject to the following conditions of use and development: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. The applicant shall provide ACHD with a copy of a recorded cross access easement for the llse of the common driveways and parking lots. 2. The applicant shall be responsible for obtaining a separate sign permit for each sign. 3. All conditions placed on this application shall run with the land and shall not lapse or be waived as the result of any change in tenancy or ownership of any or all of the lands governed by this CUP application. All such conditions shall be deemed the requirements for the issuance of a Certificate of Occupancy for any use or structure as per City Ordinance. 4. Initiation of .work on the planned development shall take place within eighteen months, as set forth in section 11-17-4. All phases of the planned development shall be completed within 5 years of the date of approval; approval of any un-initiated phases will lapse after that time unless a time extension is granted by the Council (MCCI2-6-8). 5. All trees over 4" in caliper that are removed from the site shall be replaced with an equal number of caliper inches of trees, in conformance with the Landscape Ordinance. 6. Temporary fencing shall be installed around the project during construction to prevent construction debris from blowing onto adjacent properties and roadways. 7. Section 4.2 of the original Development Agreement (Resolution No: 329) shall be modified to include hotel and office uses as uses permitted by the Development Agreement. 8. 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 A and 9-4-S. ORDER CONDITIONAL USE PERMIT PLANNED DEVELOPMENT BY MERIDAN HAMPTON CENTER, LLC / CUP-01-044 - 2 Wells may be used for non-domestic purposes such as landscape irrigation. 9. Compaction test results must be submitted to the Meridian Building Department for all lots receiving engineered backfill. 10. Off-street parking shall be provided in accordance with City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 11. Paving and striping shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance and in accordance with Americans 'INith Disabilities Act (ADA) requirements. 12. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer for all off-street parking areas. All site drainage shall be contained and disposed of on-site. An operation and maintenance agreement for joint drainage facilities shall be developed for inclusion in the CC&R's of the subdivision. 13. Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance. 14. All signage shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs will be permitted. 15. Provide five-foot-wide sidewalks throughout development in accordance "vith City Ordinance. 16. All construction shall conform to the requirements of the Americans with Disabilities Act. 17. Landscaping shall be installed as submitted (Sheet Ll.O). Adopt the Recommendations of the ACHD as follows: I. Dedicate 29-feet of right-of-way from the centerline of Allen Street abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), ORDER CONDITIONAL USE PERMIT PLANNED DEVELOPMENT BY MERIDAN HAMPTON CENTER, LLC / CUP-O 1-044 -3 whichever occurs first. The owner will not be compensated for this additional right-of~way because Allen Street is a local commercial street and is to be brought to adopted standards by the developers of abutting properties. 2. Construct curb, gutter, 5-foot wide concrete sidewalk and match paving on Allen Street abutting the parcel. Improvements shall be constructed to one-half of a 40- foot street section. 3. Construct curb, gutter, S-foot wide concrete sidewalk on Freeway Drive abutting the parcel. Improvements shall be constructed to one-half of a 40-foot street section. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. 5. Meet District drainage requirements per section 8000 of the ACHD Development Policy Manual. 6. If utility relocation is necessary to construct improvements required with this development, then all utility relocation costs associated with improving street frontages abutting the site should be borne by the developer. 7. Any existing irrigation facilities should be relocated outside of the right-of-way. S. The applicant is proposing two driveways on Allen Street and one driveway on Freeway Drive; .:. Proposed driveway # I is located on Allen Street approxinlately 30-feet south of the northern property line. This location meets District policy and is approved with this application. Pave the driveway to its full-required width of 25 to 30-feet and to a point 30-feet beyond the edge of pavement of Allen Street. +:. Proposed driveway # 2 is located on Allen Street approximately ISO-feet south of the northern property line. This location meets District policy and is approved with this application. Pave the driveway to its full-required ,~dth of 25 to 30-feet and to a point 3D-feet beyond the edge of pavement of Allen Street. +:+ Proposed driveway #3 is located on Freeway Drive approximately 150-feet from ORDER CONDITIONAL USE PERMIT PLANNED DEVELOPMENT BY MERIDAN HAMPTON CENTER, LLC / CUP-OI-044 -4 the intersection of Allen Street and Freeway Drive. This location meets District policy and is approved with this application. Pave the driveway to its full-required width of 25 to 30-feet and to a point 30-feet beyond the edge of pavement of Freeway Drive. 9. Other than the access point(s) specifically approved with this application, direct lot or parcel access to Freeway Drive and Allen Street is prohibited. Lot access restrictions, as required ,~th this application, shall be stated on the final plat. 10.Comply with all of ACHD's Standard Requirements listed in their report dated JanualY 18,2002. Adopt the Meridian Fire Departm.ent Recommendations as follows: I. A fire-flow consistent with the Uniform Fire Code shall be provided to service the entire project. Applicant shall show all proximity hydrants within 500' of the project on the construction dra"vings. 2. Acceptanc'e of the water supply for fire protection will be by the Meridian Water Department. Water supply shall be provided before combustible construction begins. 3. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. 4. All radii shall be 28' inside and 48' outside radius. 5. The roadways shall be built to ACHD standards. 6. The vertical clearance for the covered loading area shall be 13' 6". Adopt the Recommendation of the Nampa & Meridian Irrigation District. 1. Applicant shall apply for a land use change/site application. 2. All laterals and waste ways must be protected and all municipal surface drainage must be retained on site. If any surface drainage leaves the site, the District must review drainage plans. The developer must comply with Idaho ORDER CONDITIONAL USE PERMIT PLANNED DEVELOPMENT BY MERIDAN HAMPTON CENTER, LLC / CUP~O 1-044 - 5 Code s31~3805. Adopt the Recommendations of the Central District Health Departnlent as follows: 1. 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. 2. Run-off is not to create a mosquito breeding problem. 3. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 4. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. Adopt the Recommendations of Sanitary Services as follows: 1. Applicant shall allow for a 12' Minimum enclosure gate opening per garbage container. Additionally, comply,vith the action of the City Council taken at their March 26, 2002 meeting as follows: 1. The signage package shall meet the Meridian City Code, and shall also specifically address where the sign is intended to be located to the freeway, and shall clarify the placement of the monument signs that are proposed. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. Notice to Permit Holder, this conditional use permit is not transferable ORDER CONDITIONAL USE PERMIT PLANNED DEVELOPMENT BY MERIDAN HAMPTON CENTER, LLC / CUP-OI-044 - 6 without complying with the provisions of Meridian City Code S 11-17-8, a copy of which is attached to this permit. By action of the City Council at its regular meeting held on the / G -I!::- day of ,.+/"/ ,2002. o rt D. Corrie, Mayor City of Meridian Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. ByJl~~~9 City Clerk Dated: 4-/1-tPZ- l~l\. - " '~ ';4, ',i', Z:\Work\M\Meridian\Meridian I 5360M\I-!amplon Inn curD 1-044 PFPO 1-0 J O\OrderCuro i -044,d " :; 1.- ;.-:" ORDER CONDITIONAL USE PERMIT PLANNED DEVELOPMENT BY MERIDAN HAMPTON CENTER, LLC / CUP~Ol~044 - 7 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR PRELIMINARY/FINAL PLAT FOR HAMPTON INN SUBDIVISION, LOCATED AT THE SOUTHWEST CORNER OF ALLEN STREET AND GENTRY WAY, MERIDIAN, IDAHO BY: MERIDIAN HAMPTON CENTER, LLC,.. APPLICANT ) ) ) ) ) ) ) ) ) ) ) ) ) C/C 03/26/02 Case No. P/FP-OlwOlO FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY/FINAL PLAT The above entitled matter coming on regularly for public hearing before the City Council on March 5, 2002 and continued until March 26, 2002, and Shari Stiles, Planning and Zoning Administrator, and Wes Steele, appeared and testified at the hearing, and the City Council having received a report from Shari Stiles, the Planning and Zoning Administrator, and the City Council having received as part of the record of this matter the recommendation to City Council of the Planning and Zoning Coml?1ission and the applicant having submitted the Plat Drawing described as follows, "PRELIMINARY PLAT FOR HAMPTON INN SUBDIVISION, A PORTION OF LOT 15 OF AMENDED MAGIC VIEW SUBDIVISION BOOK 52, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY/FINAL PLAT - HAMPTON INN SUBDIVISION / BY MERIDIAN HAMPTON CENTER, LLC - (PFP-OI-OIO) - I PAGE 4445 OF PLATS AND LOCATED IN THE El/2 OF SECTION 17, TOWNSHIP 3 NORTH, RANGE I EAST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO 2001 2002, PINNACLE ENGINEERS, INC.", submitted for preliminary/final plat approval and which preliminmy/final plat application is herein received and adjudged by the City Council pursuant to Meridian City Code, Section 12-3. Therefore the City Council makes the following findings: FINDINGS OF FACT I. That the proposed development is in conformance with the Comprehensive Plan by reason of the fact that it lies within the existing Urban Area as defined in the Meridian Comprehensive Plan Generalized Land Use Map, Infrastructure Planning Analysis Comprehensive Plan and Map, adopted December 21, 1993, and the property is presently zoned C-G General Retail and Service Commercial District, and requires connection to the Municipal Water and Sewer System. [see Meridian City Code, Section 11-7-2 K] 2. The preliminary plat is in conformance with the Comprehensive Plan City of Meridian adopted December 21, 1993, Ordinance No. 629. 3. It is determined that Urban Services can be made available to ~ccommodate the proposed development if the plat complies "vith the requirem.ents and conditions hereinafter set forth as conditions of preliminalY plat approvaL FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY/FINAL PLAT - HAMPTON INN SUBDIVISION / BY MERIDIAN HAMPTON CENTER, LLC - (PFP-OI-OIO) - 2 4. The proposed development is a continuity of the proposed development within the City's Capital Improvement Program and if the conditions which are requested by the Planning and Zoning Administrator and the Engineering Technician III are met there will be public financial capability of supporting services for the proposed development. 5. The development, if built in accordance with the conditions and as proposed, will not create health, safety or environmental problems and there have been no specifics of any such concerns brought to the Council's attention. 6. It is found that the Recommendation to City Council of the Planning and Zoning Commission is reasonable and appropriate for the conditions of approval of the preliminary plat as hereinafter set forth. DECISION AND ORDER Pursuant to the City Council's authority as provided in Meridian City Code, Section 12~3~5 and based upon the above and foregoing Findings of Fact which are herein adopted: IT IS HEREBY ORDERED AND THIS DOES ORDER The Preliminary/Final Plat of the applicant as evidenced by "PRELIMINARY PLAT FOR HAMPTON INN SUBDIVISION, A PORTION OF LOT 15 OF AMENDED MAGIC VIEW SUBDIVISION BOOK 52, PAGE 4445 OF PLATS AND LOCATED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY/FINAL PLAT - HAMPTON INN SUBDIVISION / BY MERIDIAN HAMPTON CENTER, LLC - (PFP-O 1-0 1 0) - 3 IN THE El/2 OF SECTION 17, TOWNSHIP 3 NORTH, RANGE I EAST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO 2001 2002, PINNACLE ENGINEERS, INC.", has been submitted for preliminaly/final plat. I. The conditions of Staff pertaining to the Preliminary/Final Plat comments are as set forth in the Memorandum to the Mayor and City Council from David McKinnon, Planner II for Planning and Zoning, and Bruce Frecldeton, Engineering Technician III, dated ]anumy 9, 2002, listing 6 PreliminalY Plat Site Specific Comments and 6 Preliminary/Final Plat General Requirements and 10 General Requirements, a true and correct copy of which is attached hereto and marked Exhibit UN', and consisting of eight pages, and by this reference incorporated herein, "vith the additional requirements from the City Council from their meeting of March 26, 2002, and the requirements are as follows, to-wit: 1.1. That number A.5. of page 2 of the Planning and Zoning Recommendations shall be amended to read as follows: A.S. The applicant shall provide a recorded cross"access easement among the parcels for the shared parldng and driveway access to the public streets prior to final plat signature by the City. "I.2 The signage package shall meet the Meridian City Code, <llld shall also specifically address where the sign is intended to be located to the freeway, and shall clarify the placement of the monument signs that are proposed. 1.3 Retain or mitigate the 7 trees presently on the property, as all the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY/FINAL PLAT - HAMPTON INN SUBDIVISION / BY MERIDIAN HAMPTON CENTER, LLC - (PFP-O 1-010) - 4 remaining trees are dead or in velY poor condition. The 7 trees are the 3 Honey Locust, 2 Spruce, 1 Chenyand 1 Scotch Pine. The Site Plan shall be modified to retain 2 Honey Locust trees and I Spruce tree. Additionally, little or no construction shall be done within the drip line of the trees to be retained. The remaining trees shall be mitigated by increasing caliper trees at planting and/or planting additional trees. Submit an accurate caliper size for the trees to be removed for mitigation on the final landscape plans. 1.4 All laterals and waste ways shall be protected and all municipal surface drainage shall be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District shall review drainage plans. The developer shall comply with Idaho Code 831-3805. 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: a. The Plat dimensions are approved by the City Engineer; b. 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 offwsite and required on-site improvements; and By action of the City Council at its regular meeting held on the (6 II:::. day of JJr~ ,2002. By:~ffl. ~~ ROBERT D. CORRIE Mayo,r, City of Meridian FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARy/FINAL PLAT - HAMPTON INN SUBDIVISION / BY MERIDIAN HAMPTON CENTER, LLC - (PFP-OI-OlO) . 5 Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. ByJl~~~SL City Clerk Dated: .\ I-Il-IJ 2- jl ;>, it. , ""1,-; J ~~~ Z:\Work\M\Meridian\Meridian 15360M\I-1ampton Inn CUPO [-044 PPPO 1-0 10\PreLimPlatFinalPlatFfClsfU FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY/FINAL PLAT - HAMPTON INN SUBDIVISION I BY MERIDIAN HAMPTON CENTER, LLC - (PFP-OI-OIO) - 6 MAYOR Robert D. Come HUB OF TRE4SURE VALLEY A Good Place to Live LEGAL DEPARTMENT (208) 288-2499 . Fax 288-2501 CITY COUNCIL h-IE!vlBERS Ron Anderson Keith Bird Tammy deWeerd Cherie McCandless CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 . FAX (208) 83748B City Clerk Office Falt:(203) 8884218 PUBLIC WORKS BUILDING DEP ARTr,.lENT (208) 887-2211' Fax 887-1297 PLANNING AND ZONING DEP ARTlvlENT (203) 884-5533 . FA...'\: 838-6854 MEMORANDUM: January 9, 2002 From: Mayor & City Council Bruce Freckleton. Assistant to fitf fnginee~ David McKinnon, Planner II J.)V\ To: ,RECEIVED r:.J 0 4 2002 Meridian Hampton Center CITY OF MERIDIAN CITY C{ ERJ< OFF o Request for the approval of a Preliminary and Final Plat for Three (3) BUilding LdGE on 4.10-Acres in a C-G Zone by Pinnacle Engineering (File No. PFP-OI-OIO). Re: o Request for 'a Conditional Use Permit for a Planned Commercial Development Containing a 92-Room Hotel, a 7,500 Square Foot Single Story Office Building, and 17,836 Square Foot 2-Story Office Building by the Meridian Hampton Center LLC (File No. CUP-OI-044). We have reviewed these submittals and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY The applicants, Pinnacle Engineering and the Meridian Hampton Center LLC, have requested approval of a preliminary plat/final plat for three building lots on 4.10 acres of land located at 875 S. Allen Street, on the north side of Freeway Drive, and the approval of a conditional use permit for a 92-room hotel and two office buildings within the proposed subdivision. The hotel will be a 3-story, 50,204 square foot Hampton Inn. The southernmost office building will be a 2-story office building (one of the stories will be a day-lit basement) with between of 17,800- 23,500 square feet. The third building is a single story office building containing 7,500 sq~e feet. The annexation of the property was approved in October of 1999 and a Development 'Agreement (DA) controlling the development ofthe subject property was signed by the City in July (jf2000, The DA limited the development of the property to a single 60,000 square foot medical office building (Section 4.2). The DA will have to be amended to allow the proposed hotel and office uses. LOCATION The property is located on northwest comer of the Allen and Freeway Drive intersection; approximately 1/5 of a mile west of Eagle Road, just north of the Freeway. The subject property is designated as "MixedIPlanned Use Development" in the Comprehensive Plan Generalized land Use Map. PFP-O 1-0] O;CUP-O]-044 Ex- h ; b ~ + I'I~ I [ I 0 f 8 Hampton Inn. PFP.CUP ,,,,.",r"" /2:-'-" dipfbland Council ,<('vdiiuary 9, 2002 ,.<,; Page 2 ".",,:,,',- '/:',>:< /:?~'-; " SURROUNDING PROPERTIES North - Mid-valley Business Park, zoned C-G. South - 1-84 East - Holiday Inn Express Hotel, zoned C-G. West - Low density rural-residential, zoned RUT (County). CURRENT OWNERS OF RECORD Ada County lists John and Alberta Sonntag as the property owner of the 4.10 acres, and they have submitted their consent for the applications. PRELIMINARYIFINAL PLAT FINDINGS AND REQUIREMENTS 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 tbis title and at least the following: a. The conformance of the subdivision with the Comprehensive Development Plan; Staff find's .the subdivision is designated as "MixedJPlanned Use Development" on the Generalized Land Use Map and that the requested C-G Zoning is in compliance with the adopted Comprehensive Plan. A list of the policies and goals that apply to this development are listed below under the heading "Comprehensive Plan Analysis". b. The availability of public services to accommodate the proposed development; Staff fmds that public services are readily available to two (2) lots within the proposed subdivision. Lot 3 of the proposed subdivision will not be able to utilize existing gravity sewer lines due to the site topography. The building on Lot 3 will need to be serviced by a private lift station, to be installed at the Applicant's expense. c. Tbe continuity ofthe proposed development with tbe capital improvement program; Stafffmds that the subdivision will not negatively impac( the capital improvement program. d. The public financial capability of supporting services for the proposed development; Stafffin.ds that the development will not require major expenditures for supporting services. e. The other health, safety or environmental problems that may be brought to the Commission's attention. Staff fmds that there will not be any other health, safety or environmental problems associated with this subdivision that should be brought to the Council or Commission's attention. PFP-l}!-OIO; CUP-O!-044 Hampton Inn.PFP.CUP Ex h: b i~+ if A If d-. 0+ ~ / /l~yor and Council / January 9,2002 / Page 3 :J... 1S. Ii PRELIMINARY PLAT SITE SPECIFIC COMMENTS I. Sanitary sewer and water service to this site shall be via existing and new mains and service lines from the existing mains adjacent to the property. The applicant will be responsible to construct lateral sewer mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. 2. Sanitary sewer service to Lot 3 shall be provided via a private sewer lift station. Consideration should be given in the design for the eventual conversion to a gravity system when it's available :from the south. 3. Please add or revise the following plat note(s): (10.) The bottom elevation of structural footings shall be set a minimwn of 12 inches above the highest established normal ground water elevation. 4. Applicant has indicated. that the pressurized irrigation system within this development is to remain private. The applicant shall be required to provide a backup source to the pressurized irrigation system. The Public Works Department as part of the development plan-review process shall review plans and specifications for the irrigation system. A draft copy of the pressurized irrigation system O&M manual must be submitted prior to plan approval. 5. The 'a~Iic~t sh~ll ~OVicl~C~ anQ. the ~ity CI~k ~opy lil..f a re~rdeQ a G{o~ ac~ss a~"em t ameng ~~e p~ce for t~e s~, ~ par"\.ing an'ci. dri~Way. 11 c~es~ tc.,t~pu~c 'stree~ pnor'tp fi I plat..Slgillttur3.-PY City. As per C / 11 ~() u.. VLQ;l 15 f I yuf. l OS .t:rom. The applicant shall be required to provide a water main loop through the proposed project to allow for fire hydrant connections at locations as determined by the Meridian Fire Department. 3/~ !) 6. PRELIMINARY /FINAL PLAT GENERAL REQUIREMENTS 1. Submit letter from the Ada County Street Name Connnittee, approving the subdivision and street names. Make any corrections necessary to conform. Coordinate fire hydrant placement with the City of Meridian Public Works pepartment. Assessment fees for water and sewer service are determined during the building plan review process. Two-hundred-fifty- and 100-watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdividds expense. Typical locations are at street intersections and/or fire hydrants. l~. I Underground, year-round pressurized irrigation must be provided to all landscape areas on site. Please submit hook-up and design details based on the proposed landscaping. Due to the size PFP-o 1-0 10; C UP-O 1-044 Hamplon Inn.PFP.CUP E~h,iJ/<f Ifill ~ of fl #fayor and Council January 9,2002 Page 4 y of landscaped area, primary water supply connection to the City's mains will not be allowed. Applicant shall be required to utilize any existing surface or well water for the primary source. If City water is proposed as a secondary source, developer shall be responsible to pay water assessments for the entire common open area. 11F. Show all existing and proposed easements for irrigation/drainage facilities located within the boundaries of this proposed development. STANDARDS FOR CONDITIONAL USES The Commission and Council shall review the particular facts and circumstances of each proposed conditional use in terms of the following and may approve a conditional use permit if they shall find evidence presented at the hearing(s) is adequate to establish (11-17-3): A. That the site is large enough to accommodate the proposed use and all yards, open spaces, parking landscaping ~nd other features as may be required by this ordinance; Staff finds that the subject property is large enough to accommodate the requested use and all other required features. . Staff finds that the height of the Hampton Inn Hotel, if measured from adjacent grade to the top ofthe building is slightly taller (approximately 45'6") than the maximum 40' height allowed in the CMG Zone (MCC 11-9-1). Notwithstanding, the City defines building height of mansard roof structures, like the hote~ as the vertical distance measured from the grade of the front of the building to the deck line ofa mansard roof(MCC 11-2-2 "Building, Height"). The deck line ofthe hotel roofis 39'and is thereby in conformance with the City Code.. B. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements ofthis Ordinance; The current Comprehensive Plan Land Use Map designates the property as "Mixed/Planned Use Development". Stafffinds the 'development plan to be in compliance with the Meridian Zoning Ordinance and the Comprehensive Plan. C. That the design, construction, operation, and maintenance will be compatible with other uses in the general neighborbood and witb the existing or intended character oftbe general vicinity and that such use will not adversely change the essential character of the same area; Staff finds that the proposed development will not change the essential character of the general vicinity and will be harmonious with the intended character of the same area D. That the proposed use, if it complies with all conditions ofthe approval imposed, will not adversely affect other property in the vicinity; PFP-Ol..olO; CUP-OI.Q44 Hampton Inn.PFP.CUP ;;- Mfb/f iA II 2/ of ~ Mayor and Council January 9, 2002 Page 5 Staff finds that the proposed use would not adversely affect other properties in the general vicinity. E. That the proposed use will be served adequately by essential public facilities and services such as highways, street, police, and fire protection, draioage 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 that the proposed development will be adequately served by the essential public facilities and services listed above. F. That the proposed use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare ofthe community; Staff finds that the proposed use would not be detrimental to the economic welfare ofthe 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 oot 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 oftraffic, noise, smoke, fumes, glare or odors; Staff finds that no excessive traffic, noise, smoke, fumes, glare or odors will result from the proposed use. H. That the proposed use will have vehicular approaches to the property which shan be so designed as not to create an interference with traffic on surrounding public streets; Staff fmds that the proposed use will not create significant interference with any traffic on the slUTounding public streets as long as ACHD requirements are met and all approaches and traffic control measures are installed. 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 fmd that any natural or scenic feature will be Iost, damaged or destroyed by issuance of this conditional use. CUPIPD SITE SPECIFIC REQUIREMENTS (File CUP-Ol-002) 1. Traffic and Circulation comments: The applicant shall provide ACHD with a copy of a recorded cross access easement for the use ofthe common driveways and parking lots. PFP-Ol-O I 0; cUP..{} \.{)44 Hampton Inn.PFP.CUP E0L/h/f III 'f 5 of l? Mayor and Council January 9, 2002 Page 6 2. Signage: Although signage locations are noted on the plan and size ofthe signs are mentioned in the applicant's cover letter, no details of proposed signage were included with the application. The applicant shall be responsible for obtaining a separate sign permit for each sign. 3. All conditions placed on this application shall run with the land and shall not lapse or be waived as the result of any change in tenancy or ownership of any or all of the lands governed by tlus CUP application. All such conditions shall he deemed the requirements for the issuance of a Certificate of Occupancy for any use or structure as per City Ordinance. 4. Initiation of work on the planned development must take place within eighteen months, as set forth in section 11-17-4. all phases of the planned development shall be completed within 5 years of the date of approval; approval of any un-initiated phases will lapse after that time unless a time extension is granted by the Council (MCC12-6-8). 5. All trees over 4" in caliper that are removed from the site shall be replaced with an equal number of caliper inches of trees, in conformance with the Landscape Ordinance. A new landscape plan with the additional trees shall be submitted at least ten days prior to the City Council ~earing. 6. Temporary fencing shall be installed around the project during construction to prevent conStruction debris from blowing onto adjacent properties and roadways. 7. Section 4.2 of the original Development Agreement (Resolution No. 329) shall be modified to include hotel and office uses as uses permitted by the Development Agreement. GENERAL REQUIREMENTS (All Applications) 1. 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. 2. Compaction test results must be submitted tothe Meridian Building Department for all lots receiving engineered backfill. . 3. Off-street parking shall be provided in accordance with City of. Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 4. Paving and striping shall be in accordance with the standards set forth inthe City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 5. A drainage plan designed by a State ofIdaho licensed architect or engineer is required and shall be submitted to the City Engineer for all off-street parking areas. All site drainage shall be PFI'-O 1...0 10; CUP-O 1...044 Hampton Inn.PFP.CUP ixh/6/i Jflr! !& of 2 Mayor and Council January 9,2002 Page 7 contained and disposed of on-site. An operation and maintenance agreement for joint drainage facilities shall be developed for inclusion in the CC&R's of the subdivision. 6. Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance. 7. All signage shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs will be permitted. 8. Provide five-foot-wide sidewalks throughout development in accordance with City Ordinance. 9. All construction shall conform to the requirements of the Americans with Disabilities Act. 10. Landscaping shall be installed as submitted (Sheet L1.0). ADDITIONAL CONSIDERA TIONS The applicant has proposed that they provide only half of the required landscape buffer between land uses (20') on the western side of the subdivision. The Landscape Ordinance requires the higher intensity land use, m. this case the hotel and office use, to provide the entire landscape buffer on their property. As justification for their reduced setbacks, the applicants point to the proposed comprehensive plan that depicts the property to the west as commercial use in the future. If the property does indeed become commercial in the future, there would be no need for the fu1120' buffer between land uses to be provided on the applicant's property. Staff supports the proposed reduced landscape buffer; however, should the Commission or Council determine that the buffer should be located entirely on the applicant's property, an additional condition of approval should be added requiring a redesign ofthe site and landscape plans prior to final approval. COMPREHENSIVE PLAN ANALYSIS The 1993 Comprehensive Plan contains a variety of goals and policies relevant to this application. The following sections most directly apply to the proposed project and are repeated here for the Council and Commission's consideration during the hearing process. Goal 3 is ''to encourage the kind of economic growth and development which supplies employment and economic self-sufficiency for existing and future residents, reduces the present reliance on Boise and strengthens -the City's ability to finance and implement public improvements, serVices, and its open space character." Goal 5 is ''to preserve and improve the character and quality of Meridian's man-made environment while maintaining its identity as a self-sufficient community." Goal 8 is ''to establish compatible and efficient use of land through the use of innovative and functional site design." PFP-OI-OIO; CUP-OI-044 Hampton Inn.PFP.CUP 2JLhtb/1 fl1lf 7 of ~ Mayor and Council January 9, 2002 Page 8 Economic Development 1.1, 1.2, 1.3, 1.5, 2.2U Land Use 1.5U, 1.6U, 1.1OU, 1.11U, 4.8U, 5.6,5.10,5.12,5.13, 5.14U, 5.15U Public Services, Utilities and Energy Resources 5.2,5.4,5.5 Transportation l.4U, 1.5U, 1.1OU Community Design 1.4, 2.1U, 2.3U, 2.5U, 4.4U, 5.2 RECOMMENDATION Staff recommends approval of the preliminary/final plat, and conditional use permit, with the requirements and comments as noted above. PFp..{II~10; CUP~l~44 Ezh/b/t jqlf g ()f~ Hampton Inn.PFP.CUP April 12, 2002 Consent MERIDIAN CITY COUNCIL MEETING April 16, 2002 APPLICANT Public Works Department -- Gary Smith ITEM NO. 3-- 3 REQUEST Approve contract with Hoffman's Landscaping for landscaping work at Waste Water Treatment Plant 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: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: See Attached Memo ~vJJ Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. RECEIVED i t 2002 CITY OF MERIDIAN CITY CLERK OFFICE Me To: Brad Watson From: Lenard Grady I' (J .i, ce: Gary Smith Date: 4/11/2002 IRe: Proposed Agenda Items for April 16, 2002 City Council Meeting 1r The Public Works Department respectfully requests the following items be placed on the April 16 City Council agenda, under Department Reports, for Council's consideration: LandscaoinQ Contract - WWfP. The WWfP has solicited bids for landscaping to convert approximately 45,000 ff of baron area, which is within the triangle east of the Administration building, into grass. The area will have concrete curb along roadways and fence, and will have a pop-up sprinkler system. Four bids were requested as follows: . Hoffman's Landscaping Inc. Eden Lawn and Sprinkler Sterling Landscape All Wet Landscape $17,947.00 $22,177.25 No Response No Public Works License . . . Hoffman's Landscaping is low bidder and has done gOQd work at the plant previously. Recommended Council Action: Approve the contract for landscaping at the \NWTP with Hoffman's Landscaping Inc. for $17,947.00 an~ authorize the Mayor to sign and City Clerk to attest the contract. From the desk of... Purchase of 5.000 Gallon Diesel Storaqe Tank. Three bids were received for a UL-142, double walled, diesel storage tank, which will be used at the WWTP in case of a prolonged power outage. The tank is sized to provide more than two days of fuel for the backup generators on site. The three bids received are: UnanI Grndy Staff'Engincer Meridian Public Works Department 660 E. Watertower, Suite 200 Meridian, Idaho 83642 (208) 898.5500 Fax: (208) 887.1297 gradyJ@ci.meridianidus ED Page 1 . Brown-Minneapolis Tank Acetank & Equipment K& T Steel Corp $8,675.00 $8,880.00 $7,300.00 . . K&T, which is the low bidder, is manufactured in Twin Falls. Recommended Council Action: Approve the purchase of a 5000 gallon Dual Walled, UL 142 from K& T Steel for $7,300.00. From the desk of... Thank you for your consideration. Please contact me if you have any questions regarding any of these items. .Lenard Grady SlnffEngineer Meridian Public Wotks Department 660 E. Waterlower, Suite 200 Meridian, Idaho 83642 (208) 898-5500 Fax: (208) 887-1297 gradyl@ci.meridilllLidus IIiI Page 2 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT is dated the day of in the year 2002 by and between City of Meridian, Ada County, Idaho (hereinafter called OWNER) and Hoffman's Landscaping Inc. (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of tile mutual covenants hereinafter set forth, agree as follows: Article 1 WORK. The CONTRACTOR will complete all Work as specified or indicated in the Agreement. The WORK is generally described as follows: The project includes landscaping approximately 45,000 fe East of the Administration Building at the WWTP. The area will be rototilled and and a popup sprickler system installed. Then the area will be fine gradded, raked, and hydroseeded. In addition, approximetly 7,000 ft2 of area will be covered with fabric and %-inch washed rock and approximetly 600~feet of 4x6~inch concreat curb will be installed. The Project for which the Work under the Agreement is described as follows: 2002 WWTP Landscaping. All replacement materials and workmanship will meet tbe City of Meridian Standard Specifications and Drawings. 'fhe Contractor should become familiar with the specifications. Article 2 ENGINEER The City of Meridian Public Works Department will be the ENGINEER. The City of Meridian Public Works Department is to act as OWNER's representative, assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents, Article 3 CONTRACT TIME. The Work will be completed witllin thirty(30) days (calendar days) from the date when the Contract Time commences to run. Time is of the essence. Article 4 CONTRACT PRICE. OWNER will pay CONTRACTOR for completion of the Work in current funds as follows: Total Contract Price is $17,947.00. Article 5 PAYMENT PROCEDURES. The CONTRACTOR will submit an Application for Payment upon completion of the Work. Applications for Payment must be submitted to the Public Works Department. Payments. The OWNER will make progress payments on account of the Contract Price on the basis of CONTRACTOR's Application for Payment as recommended by the Public Works Department, on or about the 15th day of each month during construction for Applications submitted to the Public Works Department prior to the 1st day of that month. All progress payments will be on the basis of the progress of the work measured by the schedule of values established in Article 4. The OWNER may retain up to 5% of the amount of the payment until final completion 4/11/2002 Page 1 ( and acceptance of all Work covered by this Agreement. Upon completion and acceptance of the Work, payment will be made in full, including retained percentages, less authorized deductions, within thirty (30) days. Article 6 INTEREST. All moneys not paid when due will bear interest at 12% per annum or the maximum rate allowed by law at the place of Project, whichever is less. Article 7 CONTRACTOR'S REPRESENTATIONS. In order to induce the OWNER to enter into the Agreement, the CONTRACTOR makes the following representations: 7.1 The CONTRACTOR has familiarized itself with the nature and extent of the Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. 7.2 The CONTRACTOR has studied carefully all drawings of physical conditions. 7.3 The CONTRACTOR has given Public Works Department written notice of all conflicts, errors or discrepancies that he has discovered and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. Article 8 CONTRACT DOCUMENTS. The Contract Documents, which comprise the entire agreement between the OWNER and the CONTRACTOR concerning the Work,' consist of the following: 8.1 This Agreement. 8.2 Exhibits to this Agreement - N/ A. 8.3 Information For Bidders. 8.4 Drawings - N/ A. 8.5 CONTRACTOR's Quote. 8.6 1999 Idaho Standards for Public Works Construction, including Division 100, except as superseded by the Information For Bidders, contained herein. 8.7 Revisions to the Standard Specifications and Special Provisions. 8.8 Documentation submitted by CONTRACTOR prior to Notice of Award. 8.9 The documents listed in paragraph 8.2 above are attached to this Agreement (except as expressly noted otherwise above). There are no Contract Documents other than those listed above in this Article 8. The Contract Documents may only be amended, modified or supplemented by written Change Order. Article 9 MISCELLANEOUS. 9.1 No assignment by a party hereto of any rights under or interest in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the 4/11/2002 Page 2 contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.2 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants and obligations contained in the Contract Documents. Article 10 OTHER PROVISIONS. None IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed tIllS Agreement in triplicate. One counterpart each has been delivered to OWNER, CONTRACTOR and ENGINEER. All portions of tIle Contract Documents have been signed or identified by OWNER and CONTRACTOR or by ENGINEER on their behalf The Agreement will be effective on ,20_ Owner CITY OF 'MERIDIAN Contractor By: By Name: Name: Attest Attest 4/1 112002 Page 3 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE TIllS AGREEMENT is dated the 1'7 day of A Dr", I in the year 2002 by and between City of Meridian, Ada County, Idaho (hereinafter called O~an's Landscaping Inc. (hereinafter called CONTRACTOR). OWNER and CONTRACTOR. in consideration of the mutual covenants hereinafter set forth. agree as follows: Article 1 WORK. The CONTRACTOR will complete all Work as specified or indicated in the Agreement. The WORK is generally described as follows: The project includes landscaping approximately 45,000 fe East of the Administration Building at the WWTP. The area will be rototilled and and a popup spriclder system installed. Then the area will be fine gradded, raked, and hydroseeded. In addition, approximetly 7,000 ft2 of area will be covered with fabric and :X-inch washed rock and approximetly 600-feet of 4x6-inch concreat curb will be installed. The Project for which the Work under the Agreement is described as follows: 2002 WWTP Landscaping. An replacement 'materials and workmanship will meet the City of Meridian Standard Specifications and Drawings. The Co"ntractor should become familiar with the specifications. Article 2 EN GINEER The City of Meridian Public Works Department will be the ENGINEER. The City of Meridian Public Works Department is to act as OWNER's representativ~ :',t/.ll1e all duties and responsibilities and h~lVe the rights and authority assigned to ENGINEER in the CUlluact Documents in connection with completion of the Work in accordance with the Contract Documents. Article 3 CONTRACT TIME. The Work will be completed within thirty(30) days (calendar days) from the date when the Contract Time commences to run. Time is of the essence. Article 4 CONTRACT PRICE. OWNER will pay CONTRACTOR for completion of the Work in current funds as follows: Total Contract Price is $17,947.00. . Article 5 PAYMENT PROCEDURES. The CONTRACTOR will submit an Application for Payment upon completion of the Work. Applications for Payment must be submitted to the Public Works Department. Payments. The OWNER will make progress payments on account of the Contract Price on the basis of CONTRACTOR's Application for Payment as recommended by the Public Works Department, on or about the 15th day of each month during construction for Applications submitted to the Public Works Department prior to the 1st day of that month. All progress payments will be on the basis of the progress of the work measured by the schedule of values established in Article 4, The OWNER may retain up to 5% of the amount of the payment until final completion 4/17/2002 Page 1 and acceptance of all Work covered by this Agreement. Upon completion and acceptance of the Work, payment will be made in full, including retained percentages, less authorized deductions, within thirty (30) days. Article 6 INTEREST. All moneys not paid when due will bear interest at 12% per annum or the ma..amum rate allowed by law at the place of Project, whichever is less. Article 7 CONTRACTOR'S REPRESENTATIONS. In order to induce the OWNER to enter into the Agreement, the CONTRACTOR makes the following representations; 7.1 The CONTRACTOR has familiarized itselfwith the nature and extent of the Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. 7.2 The CONTRACTOR has studied carefully all drawings of physical conditions. 7.3 The CONTRACTOR has given Public Works Department written notice of all conflicts, errors or discrepancies that he has discovered and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. Article 8 CONTRACT DOCUMENTS. The Contract Documents, which comprise the entire agreement between the OWNER and the CONTRACTOR concerning the Work; consist of the following: 8.1 This Agreement. 8.2 Exhibits to this Agreement ~ N/ A. 8.3 Information For Bidders. 8.4 Drawings - N/ A. 8.5 CONTRACTOR's Quote. 8.6 1999 Idaho Standards for Public Works Construction, including Division 100, except as superseded by the Information For Bidders, contained herein. 8.7 Revisions to the Standard Specifications and Special Provisions. 8.8 Documentation submitted by CONTRACTOR prior to Notice of Aw~d. 8.9 The documents listed in paragraph 8.2 above are attached to this Agreement (except as expressly noted otherwise above). There are no Contract Documents other than those listed above in this Article 8. The Contract Documents may only be amended, modified or supplemented by written Change Order. Article 9 MISCELLANEOUS. 9.1 No assignment by a party hereto of any rights under or interest in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the 4/1712002 Page 2 contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.2 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants and obligations contained in the Contract Documents. Article 10 OTHER PROVISIONS. None IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in triplicate. One counterpart each has been delivered to OWNER, CONTRACTOR and ENGINEER All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or by ENGINEER on their behalf. ~ TM The Agreement will be effective on /7- . 20 0 e:...-- ;.. Owner ~};fFJUD[AN . Contractor Mo~~ <M~-6 .l~c'i'\'1 ~v'\(:.. By '.t.h(), ~~ . By G~ \<.~ - 8-e.s Name: (l.o~~~ Dr (qrY1e.~~'~Y;~!',,_'._.,~.N~e: ~o.~ K\ ;~c..\....u..G~ . . "rO, "/I'; .~~.. }JIlt Attest: .' . " - ~ ... ~ . ,~:...:. Attest:' c.;~ to",,1.i..1 AppytlJ~ b~IJ .) I :;.. ~'. /../..., '" ..,. \...... ,) ';' '(', ',' ,', r ,'\; / , . '"+. '; \.,::...--:-.-.::------::' . :- ,', " . ~. " 4/17/2002 Page 3 ,...', ,STATE OF IDAHO QIVlSION' G SAFETY Public (j HO INC 5: 07/31fZ002 . Dirk Kempthorne Governor i/ r; '.~.. ~~ ~~ t BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN 02-19-02 IN THE MATTER OF THE REQUEST FOR PRELIMINARY PLAT FOR KODIAK SUBDIVISION BY KODIAK DEVELOPMENT, LLC ) ) ) ) ) ) Case No. PP-01-0I6 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL OF PRELIMINARY PLAT The above entitled matter coming 011 regularly for public hearing before the City Council on February 19,2002, at the hour of 6:30 o'clock p.m., at the Meridian City Hall, 33 East Idaho, Meridian, Idaho, and the hearing was opened on the preliminary plat application and Shari Stiles, Planning and Zoning Administrator, Jim Jewett, and Matt Schultz, appeared and testified, and the City Council based upon testimony does hereby deny the application for preliminary plat approval. FINDINGS OF FACT 1. It is found that the Recommendation To City Council of the Planning and Zoning Commission is not reasonable nor appropriate for the conditions of approval of the preliminalY plat due to the fact that the project does not meet either past or current ordinances for the planned development, and there is only one single access into the proposed project, and the proposed project is not velY compatible .FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL OF PRELIMINARY PLAT KODIAK DEVELOPMENT, LLC FOR KODIAK SUBDIVISION (PP-OI-OI6) - 1 'with the adjacent Bear Creek Subdivision. Therefore, the applicant would have to design the access by one of these alternatives: I) to provide a single access onto a neighborhood street with no access onto the state highway; or 2) to provide a private road access onto the state highway. Either way, the applicant needs to provide for public road access onto the state highway, with either a main road or two access points into the subdivision, and which "vill have to be approved by the Ada County Highway District; and 3) to make the development l110r!= compatible with Bear Creek Subdivision, i.e. same design standards and CC&R issues, especially pertaining to the northern parcel of property. DECISION AND ORDER Pursuant to the City Council's authority as provided in Meridian City Code Section 12~3~5 and based upon the above and foregoing Findings of Fact which are herein adopted: IT IS HEREBY ORDERED AND THIS DOES ORDER, that based upon the fact that the project does not meet either past or current ordinances~ for the planned development, and there is only one single access into the proposed project, and the proposed project is not very compatible with the adjacent Bear Creek Subdivision, the Council does hereby deny the application for preliminary plat approval. . FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL OF PRELIMINARY PLAT KODIAK DEVELOPMENT, LLC FOR KODIAK SUBDIVISION (PP-O] -0] 6) -2 / -/1- By action of the City Council at its regular meeting held on the ('6 day of ~o ,2002. / Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City AttQrney. By~pk; (L ity Clerk #' 'I Dated: f-/l,-tJ2- . FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL OF PRELIMINARY PLAT KODIAK DEVELOPMENT, LLC FOR KODIAK SUBDIVISION (PP.Ol.016) - 3 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF KODIAK DEVELOPMENT, LLC / KODIAK SUBDIVISION, REQUEST FOR VARIANCE TO EXCEED 1,000 FOOT MAXIMUM LENGTH AND TO ALLOW PUBLIC ROAD TO EXCEED 450 FEET MAXIMUM LENGTH IN AN R-8 ZONE, LOCATED AT 2435 SOUTH MERIDIAN, MERIDIAN, IDAHO C/C 02~ 19-02 ) ) ) ) ) ) ) ) ) ) ) CASE NO. VAR-OI-019 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION DENYING VARIANCE The above entitled matter coming on regularly for public hearing before the City Council on Februmy 19, 2002, and Shari Stiles, Planning and Zoning Administrator, Jim Jewett and Matt Schultz, appeared and testified at the hearing, and the City Council having received the transmittal to agencies and having received the variance application, having heard the testimony presented, being fully advised in the premises does hereby make the following Findings of Fact and Conclusions of Law and Order of Decision, as follows to-wit: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 1 ORDER OF DECISION DENYING VARIANCE / KODIAK DEVELOPMENT, LLC / KODIAK SUBDIVISION (V AR-OI-019) STATEMENT OF LEGAL AUTHORITY AND JURISDICTION: CONCLUSIONS OF LAW JudiciaI Notice: The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing vvithin the City and State. 1. The City of Meridian has authority pursuant to the enactment of the "Local Land Use Planning Act" codified at Chapter 65, Title 67, Idaho Code and in particular in & 67-6516 to provide as part of its zoning ordinance for the process of applications for variance permits. 2. The City of Meridian has duly exercised its authority of Idaho Code & 67-6516 by the enactment as a part of its Zoning and Development Ordinance variances, as set forth in Meridian City Code & II-IS. " 3. That the requirements for the processing of a variance request are set forth in Idaho Code S 67-6509, 6516 and Meridian City Code ~& 11-15-5 and 11-17- s. 4. Application and standards for variances are set forth in Meridian City Code S 11-1S-2, and the findings which are required are set forth in Meridian ~ity Code ~ 11-IS-3, include required findings that there are special circumstances or conditions affecting the property that strict application of the provisions of Zoning FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION DENYING VARIANCE I KODIAK DEVELOPMENT, LLC / KODIAK SUBDIVISION (V AR-OI-019) Page 2 and Development Ordinance would clearly be impracticable and unreasonable, and a finding that strict compliance with the requirements of the Zoning and Development Ordinance would result in extraordinary hardship to the owner, subdivider or developer because unusual topography, the nature or condition of adjacent development, or other physical conditions or other conditions that make strict compliance with the ordinance unreasonable under the circumstances, or that the conditions and requirements of said ordinance will result in inhibiting the achievements or the objectives of the ordinance, and that the granting of a specified variance will not be detrimental to the public's welfare or injurious to other property in the area in which the property is situated, and that such variance will not have the effect of altering the interest and purposes of the Zoning and Development Ordinance and the Meridian Comprehensive Plan. 5. Meridian City Code, S 11-18-3, and in particular item S11-18~3 D, FINDINGS, and in the C-G zone, which provides as follows: 11-18-3 D FINDINGS: A. That there are such special circumstances orccH1ditions affecting the property that the strict application of the provisions of this Title would clearly be impracticable or unreasonable. B. That strict compliance with the requirements of this Title would result in extraordinary hardship to the owner, subdivider or developer because of unusual topography, the nature or condition of adjacent development, other physical conditions or other conditions that make strict compliance FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ~~ ORDER OF DECISION DENYING VARIANCE / KODIAK DEVELOPMENT, LLC / KODIAK SUBDIVISION (V AR-OI-019) Page 3 with this Title unreasonable under the circumstances, or that the conditions and requirements of this Title will result in inhibiting the achievements or the objectives of this Title. C. That the granting of the specified variance will not be detrimental to the public's welfare or injurious to other property in the area in which the property is situated. D. That such variance will not have the effect of altering the interest and purpose of this Title and the Meridian Comprehensive Plan. 6. That due to the fact that the project does not meet either past or current ordinances for the planned development, and there is only one single access into the proposed project,' and the proposed project is not very compatible with the adjacent Bear Creek Subdivision, and the City Council denied the preliminary plat application, CASE NO. PP-OI-016, the variance request is hereby denied, STATEMENT OF FACTS RELATIVE TO LEGAL AUTHORITY AND JURISDICTION FINDINGS OF FACT I. The applicant, Kodiak Develpoment, LLC / Kodiak Subdivision, and Daniel W. Richards and Douglas M. Olson, owners of the property l~)Cated at 2435 S. Meridian Road, filed for a variance of the of the block length and to allow the public road that is being prop?sed to exceed the maximum 450 foot requirement, 2. The legal description of the property appertains to the real property that is included within the Vicinity Map as appears in the record of proceeds of this matter, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION DENYING VARIANCE! KODIAK DEVELOPMENT, LLC! KODIAK SUBDIVISION (V AR-OI-019) Page 4 and is described in the application on file with the City Clerk's office. 3. Pursuant to the testimony and action of the City Council at their February 19, 2002 meeting pertaining to the denial of the preliminmy plat, CASE NO. PP-Q 1-0 16, that the request for variance should be denied. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does Order: I. Pursuant to the action of the City Counciil's denial of the corresponding preliminary plat, CASE NO. PP-OI-016, the Applicant is hereby denied the variance application, for the real property located at 2435 S. Meridian Road, Meridian, Idaho. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian. Pursuant to Idaho Code I 67-6521 an affected person being a person "vho has an interest in real property which may be adversely affected by the issuance or denial of a variance, and 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, I,daho Code. FINDINGS OF FACT AND CONCLUSIONS OF LA W AND -- ORDER OF DECISION DENYING VARIANCE I KODIAK DEVELOPMENT, LLC / KODIAK SUBDIVISION (V AR-OI-019) Page 5 By action of the City Council at its regular meeting held on the ! 6.-f.6:.. day of ~ ,2002. ROLLCALL: COUNCILMAN KEITH BIRD VOTED~t- COUNCILWOMAN TAMMY deWEERD VOTED$......... COUNCILWOMAN CHERIE McCANDLESS VOTED$---- COUNCILMAN 'WILLIAM L.M. NARY VOTED$<<- - MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED DATED: 4-(6 .-02- MOTION: APPROVED: ~ DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department, and the City Attorney office. -'~ " ';"':"~ ''1:", BJI~#~ /J Dated: 4~/1",C2- City Clerk r Z:\Work\M\Meridian\Meridian 15360M\Kodiak Sub rrOl-0 16 CU001-029 v AR01-019\FrClsDenyVariance,doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION DENYING VARIANCE / KODIAK DEVELOPMENT, LLC / KODIAK SUBDIVISION (V AR-OI-019) Page 6 April 12, 2002 MERIDIAN CITY COUNCIL MEETING April 1 6. 2002 APPLICANT ITEM NO. 3 - /.l.; REQUEST Approve Beer I Wine I Liquor License Renewals for 2002 -- 2003 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: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Contacted: See Attached List of Applications for Renewal ~o-..rU Date: Phone: Materials presented at public meetings shall become properly of the City of MeridIan. Beer I Wine I Liquor License Renewals for 2002 - 2003 The following establishments have submitted applications for license renewals for May 1, 2002 - April 30, 2003, and are before City Council for approval at the April 16, 2002, City Council Regular Meeting: 127 Club Albertson's #164 Albertson's #180 Applebee's Big Smoke, The Bill & Lynn's Bolo's Pub & Eatery Chevron - Eagle Road, Chevron - Locust Grove Chevron "'- Meridian Cherry Lane Recreation Chicago Connection Chinatown's Quik-Wok Cigarette Store, The El Tenampa Epi's - A Basque Restaurant F red Meyer Idaho Pizza Co. Ken Hamilton Presentations dba Meridian Speedway Louie's Pizza & Italian Rest. Maverick .Country Store Mae's Moetown Rock-N-Roll New Vintage Wine Shop, A Paisano's Rocky Mountain Pizza Hut Co. Royal Dynasty Chinese Rest. Smoky Mountain Pizza & Pasta Beer by Bottle & Draft I Liquor Beer by Bottle Only I Wine Beer by Bottle Only I Wine Beer by Bottle & Draft I Liquor Beer by Bottle Only I Wine Beer by Bottle & Draft I Liquor Beer by Bottle & Draft I Wine Beer by Bottle Only I Wine Beer by Bottle Only I Wine Beer by Bottle Only I Wine Beer by Bottle Only I Liquor Beer by Bottle & Draft I Wine Beer by Bottle & Draft I Wine Beer by Bottle Only Beer by Bottle & Draft I Wine Beer by Bottle & Draft I Wine Beer by Bottle Only I Wine Beer by Bottle & Draft I Wine Beer by Bottle & Dr~ft I Wine Beer by Bottle & Draft I Liquor Beer by Bottle Only Beer by Bottle & Draft I Liquor Beer by Bottle Only I Wine Beer by Bottle Only I Liquor Beer by Bottle & Draft Beer by Bottle & Draft I Wine Beer by Bottle & Draft I Wine Tequila Grill Restaurante Whitewater Pizza & Pasta Whitewater Saloon Beer by Bottle Only / Wine Beer by Bottle & Draft / Wine Beer by Bottle & Draft / Liquor rage 1 01 1 Sharon Smith From: Sharon Smith [smiths@cLmeridian.id.us] on behalf of Sharon Smith Sent: Friday, April 12, 20029:48 AM To: Gary Smith (E-mail); Shari Stiles (E-mail); 'worleym@cLmeridian.id.us' Cc: Sonya Day (E-mail); Will Berg Subject: Beer I Wine I Liquor License Renewal App's for Approval April 16, 2002 If you have concerns with any of these renewals, please advise Council at April 16 meeting. Thank you! Sha-vOr1tS~ 4/12/02 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION ) FOR THE FINAL PLAT FOR LOCUST ) GROVE PLACE, LOCATED AT THE ) SOUTHWEST CORNER OF S. LOCUST ) GROVE AND FRANKLIN ROADS, ) MERIDIAN, IDAHO ) ) BY B &A ENGINEERS, INC. ) ) ) C/C 04-16-02 CASE NO. TE-02-002 ORDER GRANTING A ONE ( I) YEAR TIME EXTENSION FOR FILING THE FINAL PLAT This matter coming on regularly before the City Council on the 16th day of April, 2002, upon the Applicant's time application for a one (1) year extension within which to submit the Final Plat, which was originally approved for Preliminary Plat and Conditional Use on April 17,2001, as provided in S 12~3-6 B, and good cause appearing. IT IS HEREBY ORDERED AND THIS DOES ORDER THAT: The above named Applicant is granted a one (I) year extellded period of time until April 17, 2003, of this Order within which to submit the Final Development Plan Plat for the above entitled subdivision application. Order Granting A One (I ) Year Time Extension For Filing The Final Plat (TE-02-002) I By action of the City Council at its regular meeting on the /6 ~ day of ~ ,2002. DATED this ~day of ~tL ,2002. Copy served upon Applicant, Planning and Zoning Department, Public Warks and the City Attorney. By:JI~fi~(~ City Clerk Dated: ~\-ff ",i,t,,;j(~~:t ~'i;r1.: \1,JoL "'\\ cO.llJ. :0' h,"'" " ,.~ ,'.'.,( .,~. """,1"'$;". .",. .~..... I'~ ;;J' ''<""\l'1n1...... pi!?, -.4 ~.h... ':~~ 1'\ "'"*~""4~:f;..; '.P-~", ,. (J' 'G"'Q'c ~ "We-'~ ,. ,1_ g{i -0 2-/ ~Q - <"~f'~J' 1,~ 7 . - f'~-t _!~ it = lf2_.:.l:_+-:~~ :: <r~"~' . ': ",..... I. ' > ,,,f;'j.l ~- : '" 1.';1 . ....Ji' ': M.) ~.~~.,.~~'/:~~~~:i';-:". ,\,.,. Z:\Work\M\Meridian\Meridian I 5360M\LocUSl Grove Place TE02-002\FPTimc Extension-2-002.doc . Order Granting A One (1 ) Year Time Extension For Filing The Final Plat (TE-02-002) 2 RECEI"\lED ~ f: ~ U DELINQUENCY FOR TURN OFF SCHEDULED FOR 04/17/02 City of Me1"idi2!n City Clerk Ofiicl2 MA YOR: This is to inform you in writing, if you so choose, that you have the right to a predetermination hearing at 7:30 P.M. Tuesday, April 16, 2002, before the Mayor and City Council to appear in person to be judged on the facts and to defend the claim made by this City that your water, sewer and trash bill is delinquent. You may retain counsel. This service will be discontinued on Aprill7, 2002 unless payment is received in full. Is there anyone present who wishes to contest his or her water, sewer and trash delinquency? (No response.) MAYOR: They are hereby informed that they may appeal or have the decision of the City reviewed by the Fourth Judicial District Court, pursuant to IdahO' State Code. Even though they appeal, their water will be shut off. The amount of the tum-offlist is $22,126.38. ! ( CITY OF MERIDIAN Delinquent Account List- council Page: 1 Standard Payment Customers Apr 16,2002 01:35pm Current Period: 04/30/2002 No Delinquent Minimum AmountDelinquent Balance Report Criteria: Terminated customers not included Customer,Cust No ;:;; {<l 9900000 last Pmt last Pmt Cust No Name Balance Non-Delinq 02/28/2002 01/31/2002 12/3112001 Date Amount Msg 15,0029.2 HAll, JOHN & CAROLYN 61,59 40.67 20.92 03/19/2002 32,96 - 4.0868,2 ABLE. MICHAEL 87.58 46.96 40,62 03/19/2002 40.62 - 1.3190,1 ACHURRA,HENRY 88.97 46,97 42.00 02/27/2002 45.83 - none 2,19302 ACUNA, JULIO & 63.01 33.16 29,85 03/1812002 35.00 - 31.2232,1 ADAMS,HARMON 67.70 44.50 23.20 03/04/2002 50.00 - none 5,0812,1 ADAMS, ROBERT & SUSAN 55.42 49.42 6.00 03/26/2002 52.11 - none 51.1142.1 AIC REALTY llC 33.76 16.88 16.88 03/02/2002 33,76 - 51,1174.1 AIC REALTY llC 33.76 16.88 16,88 03/02/2002 33.76 - 51,1134,1 AIC REALTY llC 47,98 10,00 37,98 12/04/2000 12.96 - 51,1170.1 AIC REALTY LlC 33,76 16.88 16.88 03102/2002 33,76 - 51.1138.1 AIC REALTY LLC 33,76 16.88 16.88 03102/2002 33,76 - 51.1166.1 AIC REALTY LLC 33.76 16.88 16.88 03102/2002 33,76. 51.1144,1 AIC REALTY LLC .33.76 16,88 16,88 03/02/2002 33,76 - 51.1146.1 AIC REALTY lLC 33.76 16.88 16,88 03/02/2002 33,16- 51.1158.1 AIC REALTY LLC 33,76 16.88 16.88 03/02/2002 33,76 - 51.1136,1 AIC REALTY LLC 33.76 16.88 16.88 03/02/2002 33.76 - 51.1 172.1 AIC REALTY LLC 77.76 38.88 38,88 03/02/2002 77.76 - 51.1140.1 AIC REALTY LLC 33.76 16,88 16,88 03102/2002 33.76 - 42.2370.3 AIKMAN, WILLIAM 96.86 36.68 26.68 26.68 6.82 1.1360.1 AKERS, GENEVA 294.66 172.29 122,37 02/20/2002 205,59 - none 50.1476.1 All & FARHA ISHAQ, SABIHA 1,014.16 293,91 347,53 317.60 55.12 03/18/2002 347.00 - none 35.0194.4 ALLMOND, JOSEPH & TAKEIA 46.23 39.44 6.79 02/21/2002 105,84 - 15,0110.1 ALTA CONSTRUCTION INC. 31,07 24.59 6.48 6.9212.1 AMERICAN BUILDING 19.44 12.96 6,48 15,0126.2 AMOUREUX, RAMON & TEClA 85.12 44,50 40.62 03/1112002 30.39 - 5,0160.1 ANDERSON, GORDON & JUDYTf 73.63 36,84 36,79 02/2712002 29.13. none 32,1434.5 ANDERSON. LADELE 59.84 33,16 26.68 02/27/2002 26.68 - 21.2076.2 ANDERSON, LADELL 180.10 112.09 68.01 02/19/2002 83,33 - 22.1482.1 ANDERSON, LYLE D. 102,76 54.48 48,28 03/14/2002 48.28 - none 74.2758.3 ANDREW PROPERTIES 86.34 44.34 42,00 03/20/2002 65.24. 21,2656.1 ARCHER, DORSEY 83,63 40.67 42.96 02/20/2002 83,58 - none 42.1988,2 ARMSTRONG, GARY & LAURA 113.04 63.38 49,66 03/20/2002 57.32 - 53.0700,1 ARNOLD MACHINERY 658.52 329.26 329.26 04/10/2002 329,26 - none 22.1390,1 ARNOLD, DANIEL & SHELBY 118,08 62,14 55.94 02/27/2002 48.28 - none 21.3288.1 ARRINGTON, JUSTIN 65,73 40.53 25.20 02/11/2002 40.00 - none 32.4010,2 ATIENZA, HERBERT 59.84 33.16 26,68 02115/2002 26.68 - 69,1620.1 BACHMAN, MICHAEL L. 62.71 29.13 33.58 03/1 9/2002 40,00 . none 74,3364,2 BAECHT, CARL R. 73,58 32.96 40,62 02/1912002 65,92 . 2.3550,2 BAILEY, PEGGY 140.36 36.99 34.34 40,51 28.52 01/23/2002 , 120.00- 3.0326,1 BAIN, RAND 163.52 78.43 85.09 03/2012002 63,60 - none 33.3696.1 BAITHAVANG, CHAREN 75.11 48,34 26.77 02112/2002 50,00 - none 50.3796.4 BAKER MATTHEW & SHEPHAR[ 57.19 26.68 30,51 02/07/2002 34.34 - 42.1940.1 BALL, TIMOTHY R 43.02 39,45 3.57 01/23/2002 78,94. none 69,0138.1 BANG. JAMES & PEGGY SUE 78,92 40.62 38.30 02/27/2002 48,28 . none 42.1202,1 BANNER. SCOTT 63,76 35.61 28.15 02/19/2002 58.00 - none 69.0590,1 BAPTISTE, MONTGOMERY 435.50 29,13 406,37 11/2012001 148,94 . none 34,1772.2 BARBEE, RANDY 63.53 36.85 26.68 03105/2002 26.68 - 21,1894,1 BARNHART, CLINTON 64.98 45.61 19,37 03120/2002 50.00 - none 210464,1 BARR, JERROD F 105,72 36,84 39,13 29,75 02/2012002 40.00 - none 1.2110.1 BARROETABENA, PHYLLIS 146,28 8513 6115 03/12/2002 45,83 - none 32.1532.1 BARTLETT, MATT 49.64 33.16 16.48 01/02/2002 53.36 . none ... in Msg column indicates no Nolice is to be sent .. I CITY OF MERIDIAN Delinquent Account Lisl- council Page; 2 Standard Payment Customers Apr 16,2002 01;35pm Current Period; 04/30/2002 No Delinquent Minimum AmountDelinquent Balance Last Pmt Last Pmt Cust No Name Balance Non-Delinq 02/28/2002 01/31/2002 12/31/2001 Dale Amount Msg 31.3060,1 BASTIAN, DAVID 84.84 51.88 32.96 02/19/2002 32.20 - none 34.0752.1 BATES, STEVE 60,24 33.16 26,68 .40 03/26/2002 26,28 - none 31,3400.2 BEAN,DONOVAN 64.74 35.61 29,13 03/19/2002 29.13- 37,3628.2 BEAR CREEK LLC 53.36 26.68 26.68 03/27/2002 26.68 - 1.0030,1 BEAUDOIN, JOHN R 79.84 33.18 26.68 20,00 02/19/2002 44.76 - none 35.0041.2 BEAUDREAU. KATHRYN 75.02 40,68 34.34 03/11/2002 30,51 - 22.1560,1 BEESE, JEFFREY 76.25 41.91 34.34 03/18/2002 38.17 - none 31.1004.1 BEHNER. ROBERT 86,27 65,97 20.30 01/17/2002 175.00 - none 2.0502,2 BELL, HEIDI 59,84 33.16 26,68 02/27/2002 26.68 - 33,2316.1 BELL, LILLY 71.81 65.98 5,83 04/03/2002 50.00 - none 33,1828.1 BELL, RONALD & JULIE 113,20 59.71 53.49 03/20/2002 55,83 - none 16,3010,1 BENCO INC 155,52 20.20 6.48 26.68 102.16 09/07/2001 52.76 - 2,3600.1 BENNETT, HOWARD 53.36 30.51 22,85 03/14/2002 25.00 - none 5,0752.1 BERGER, JON & MARLA 101,53 53.25 48.28 02/22/2002 47,73 - none 14.3004,2 BEWLEY, SANDRA & DAVID 102.90 54,62 48,28 03/18/2002 61,53 - 69.0270.1 BEZEMER, LAWRENCE 64.85 30.51 26.68 7,66 03107/2002 26.68 - none 50.1856.1 BIG BEAVER '46.52 24.18 22.34 03127/2002 27,87 - none 10.1012.1 BILL DAVIS CONSTRUCTION 19.44 12,96 6.48 50.3714.2 BINGHAM, DUNCAN & PAULINE 118.10 54.45 59.77 3.88 03/2012002 80.00 - 72. 0256.2 BIRDGE. RICHARD & TONI .. 68.68 30.51 38.17 02/13/2002 38.17 - 21.0154.2 BITTICK, BRIAN 59.84 33.16 26,68 02/07/2002 57,19 - 31.3372.2 BLACK, KENNETH 124,53 71,04 53,49 02/27/2002 53.97 - 513680.2 BLAKE, DALE 170.49 70,73 99,76 02/27/2002 131.43. 33.2730.1 BLEAZARD, BARRETT 75.53 44.51 31,02 04/15/2002 30,00 - none 2.0446.4 BOBKO,RAYMOND 60.17 54,62 5.55 04/11/2002 44.45 - 42,0408,1 BOBKO, RAYMOND 94,03 55,86 38.17 03111/2002 45,83 . none 2.1170,3 BODL Y. ORVILLE & PHOEBE 86,21 41,76 44.45 02/19/2002 58.24 - 50.2374.3 BOETA-ZIMARRAGA, RENE & CA 58,26 29.13 29.13 02/11/2002 58.26 - 31.0512,1 BOKMAN, HELEN 113.06 57,23 55,83 03/18/2002 42,00 - none 8.0002,1 BONO CAMPBELL 93.68 46.96 46,72 02/27/2002 68,99 - 33,2722,1 BOUK. DORIAN 59.84 33.16 26.66 03119/2002 26.68 - none 6.1914,1 BOULDER CREEK HOMES 40,24 23.36 16.88 02/27/2002 46.12- 19.6640.1 BOUNSANA,SOUVANNA 120.28 62.00 58.28 03106/2002 48,28 - none 72.0218.1 BOVEE. RONALD 85.07 40,62 44.45 02/12/2002 48.28 - none 51.4310,1 80WERINVESTMENTS, LLP 60,64 16,88 16.88 26,88 01/3012002 53.76 - 32,1372,2 BOYD, JAMES 90.34 48,34 42.00 02/1512002 84.00 - 74,3796.1 BRADLEY, CHRISTOPHER 60.85 26.68 34.17 03/15/2002 34,00 - none 2.3670.4 BRAIN BRIDGE, STEVE 68.57 35.61 32,96 03/14/2002 29.13 - 31 .3068.4 BRATT, DENISE 90,34 48.34 42,00 02/25/2002 64.96 - 42,0378,1 BRECKS, JOSH & SHARI 91.80 62,67 29,13 02/121:2002 37.41 - none 21.0178,2 BREINHOL T, AARON 133,67 26.17 36.68 68,82 2,5100J BRESHEARS, JAMES 113.02 64.74 48.28 0'3/05/2002 52.11 - none 1.0800.1 BREWER. SID & SHELLY 180.61 124.49 26,68 29.44 02/20/2002 40.00 - none 21.0550.1 BRICKEY, DAN 48,66 47.10 1,56 03/12/2002 31.00 - none 32.0926.1 BRIGGS, NADINE 116.81 63.66 53.15 03/18/2002 50.00 - none 31,2306.1 BRIGHT, LEANN 84.70 51.74 32.96 03102/2002 36.84 - none 1.3510.4 BRINEGAR, E, E. 52.66 33.16 19.52 04109/2002 40,00 - 2,1320,1 BRINEGAR. ELVIN 295.41 16.32 90.30 76.47 112.32 12/04/2001 230,77 - none 32 0436,1 BROWNING, MARK L 59,84 33,16 26.68 02122/2002 42.00 - none 19,7174.1 BRUCE, ROBERT 7762 43.28 34.34 02115/2002 68.01 - 31.3306.1 BRYANT. JAMIE 103,59 6159 42,00. 03/1112002 49.66 - none 19.0560.2 BRYANT. LESLIE 116,54 83,56 32,96 03/2812002 32.96. 32.1670,1 BUCKEY. STEPHAN 59.84 33.16 26,68 02/1312002 26,68 - none 21.0510,2 BUNCH, NANCY 104.15 50.66 53.49 02/25/2002 36,17 - 14.3556,1 BURCHFIELD ENT 48,72 33.16 9.06 6.48 ..~ in Msg column indicates no Notice is to be sent CITY OF MERIDIAN Delinquent Account List- council Page: 3 Standard Payment Customers Apr 16,2002 01:36pm Current Period: 04/30/2002 No Delinquent Minimum AmountDelinquent Balance Last Pmt Last Pmt Cust No Name Balance Non-Delinq 02/28/2002 01/31/2002 12/3112001 Date Amount Msg 22.2062,1 BURKHEAD,SUSAN 48,98 35,62 13.36 03/19/2002 40.00 - 2.2722,1 BURKMAN, JULIA 103,04 53.40 49,64 03/05/2002 84.13 - none 69,0182.1 BURNS, DONALD 6316 31.58 31.58 02/19/2002 73.16 - none 42,2460.1 BURTON, JACK 98.85 50.68 48.17 03/20/2002 52,00 - none 22,0804,2 BUTTERFIELD, CHARLES 72,30 45,62 26,68 03/20/2002 38,17 - 32.1452.1 BYRNE, JASON 167,30 36.68 76.47 54.15 01/22/2002 40.00 - none 50.0724,1 C.F.1. INVESTMENTS 63.04 36,68 26,36 03/27/2002 57.00 - 34.1100.1 CALLISTER, BROCK 59,84 33.16 26,68 03/18/2002 26,68 - none 21.0522.1 CALWELL, MARC 51.70 36.84 14,86 03/18/2002 50.00 - none 15.0057.2 CAMINITI, STEVE 104,29 58.46 45,83 03/07/2002 45.83 - 14,2998.1 CAMPBELL, ROBERT 56.48 33,16 23.32 04/05/2002 53.84 - 31.0010.1 CANDACE ADKINS 186,94 100.12 86.82 02/15/2002 177,15 - none 4,1796.1 CAPRAI. JOHN & SARAH 133,40 73,63 59.77 02/20/2002 114,63 - none 46.4766.1 CARLS OF BOISE 1,337,92 711.08 626,84 03/19/2002 595.82 - 32.0884.1 CARLSON. DEBORAH J. 72.56 38.22 34.34 03/0 1 /2002 68,68 - none 21,2880.1 CARLSON, JOYCE 82.38 45.59 36,79 02/22/2002 65.92 - none 4.2166.2 CARPENTER,SEAN '91.31 46.97 44.34 02/21/2002 136.37. 69.1122.2 CARTER, J.R. 128.44 71.15 57,29 03/20/2002 65,00 - 31.2252.1 CASADY, WARREN A. 105,75 53.25 52.50 02/01/2002 100.00 - none 2.5130.1 CASPERSEN, MAUREEN K . 128.03 39,13 36,79 52.11 01/11/2002 102.59 - none 50.0310.2 CASS, BRUCE C 81.02 40.51 40,51 03/20/2002 34.34 - 74.2736.1 CATE, WESLEY 64.85 30.51 34.34 02/07/2002 99.32 - none 69.0264,1 CATLETT, bAVID 61,02 26.68 34.34 02/13/2002 38,17 - none 32.0446.1 CAVINESS, WILLIAM A. 100.18 49.56 50,62 02/20/2002 79,75 - none 35,0011.2 CELEYA, ANN 74.86 41,90 32.96 03/18/2002 36,79 - 46.0232,3 CHAN. KIN WA 122.02 68.57 52.11 1,34 42.2582,1 CHAPMAN, LORRI 110.42 62.14 48.28 02/19/2002 104,22 - none 35.0417,2 CHARRIER, RICHARD 101,75 65.83 35.92 01109/2002 50,00 - 32.0986,1 CHATTERTON,KELLY 56.52 33.16 23.36 03/14/2002 30,00 - none 50.1774,1 CHERRY'S BUILT IN VACS 311.46 157.13 154,33 02/21/2002 481,29 - none 20,1606,3 CHRISWELL, LEE ANNA 194.03 73,91 120.12 03/27/2002 102,00 - 32.1278.1 CHURCH, LARRY 59.84 33.16 26,68 03/20/2002 26,68 . none 74,2676.1 CHURCHMAN,KARENLEE 81.24 36.79 44.45 02/12/2002 50.09 - none 3.0690.1 CITY RADIATOR & MUFFLER 157.30 81,89 75.41 02/13/2002 150,82 - none 31,0790.3 CLARK, DONN 146,28 50.66 95.62 03/11/2002 130.09 - 2.6050.1 CLARK, DOUG AND JOYCE 103,33 44.81 38.33 20.19 04/01/2002 30.00 - none 40,0432.1 CLARKE. JOHN 128,69 128,69 0711712001 73.28 - none 42.2110.1 CLAY, JOHN & MARGARET 84.98 48.19 36,79 02/22/2002 40.62 - none 42.2376.2 CLAY, STEVEN & SUSAN 78,85 44.51 34.34 03/15/2002 42,00. 50.4570.1 CLEVENGER, TERRY 99.82 26.68 73.14 02/27/2002 79,75 - none 34,0352,2 CLIFF, MICHAEL 74.88 40.54 34.34 02/14/2002 26,68 - 51,0874.1 COLE, ORVILLE 53.02 37,37 15.65 03/04/2002 50,00 - none 2.1650.1 COLLINS, TERRY 54.44 38,65 15.79 03/18/200~ 50.00 - none 21.3299,1 COMMUNITY PROPERTY 495,97 495,97 10/15/2001 753,05 . none 50.0260,2 COOK, JOHN 80.D4 26,68 26.68 26,68 01/17/2002 26.68 - 21,1524.2 COONES, JOSEPH 97,27 72.27 25,00 03/13/2002 62,28 - 22,1598,1 COOPER, DE8BRA K 79.96 39.45 40.51 02/21/2002 64.37 - none 2,0640.1 COPE, LINDA 82.68 44.51 38.17 02/13/2002 38,17 - none 74.3816.1 CORDELL, TODD 12805 128.05 07/18/2001 80,00 - none 21,3130.2 CORNETT. LUCINDA 96.4 7 52,02 44.45 03/19/2002 52.11 - 4,0120,2 CORONA, JUAN & VICTOR 7356 68.58 4,98 04/05/2002 60.00- 4,1866,1 CORTEZ, RICARDO & DARLA 125,74 65.97 59,77 02/22/2002 55,94 - none 4.1746,1 COSGROVE, AMY 74.74 35,61 39,13 03/27/2002 2913 - none 31.3420,1 COUCH, JULIA 64,62 34.39 30,23 03/19/2002 40,00 - none 22,0922.4 COX. KATHY 114.39 50.79 63.60 03/05/2002 44.45 - u~ in Msg col umn indicates no Notice is to be sent CITY OF MERIDIAN Delinquent Account List- council Page: 4 Standard Payment Customers Apr 16,2002 01 :36pm Current Period: 04/30/2002 No Delinquent Minimum AmountDelinquent Balance Last Pmt Last Pmt Cust No Name Balance Non-Delinq 02/28/2002 01/31/2002 12/31/2001 Date Amount Msg 33,3592.1 CRADER, PAMELA 281,35 26,68 254.67 07/18/2001 48.52 - none 5.0662.2 CRANE, JACK 99.36 57.08 42,28 35.1042,1 CRANNEY, MICAH & SALLY 73.79 39.45 34,34 03/04/2002 30,51 - 33.2376,2 CRONER,CHAD 155,36 6.48 148.88 10/24/2001 136,79 - 19.7130,2 CRONER, PATSY 72,56 42,05 30,51 03/15/2002 34.34 - 51.0286.1 CROW, DAN 72.51 34.34 38,17 02/27/2002 33,85 " none 40.0328,1 CULLUM, DAVID 92,94 47,11 45,83 02/12/2002 80,17. none 21.1918.1 CULVER, JAMES 90.06 53.27 36.79 03/20/2002 36.79 - none 69.0714,1 CULVER, MARY 68.68 26.68 42.00 03/18/2002 56.45 - none 50.1368.1 CULVER, WARN V, 65.93 25,88 37,37 2.68 10/16/2001 450.00 - none 21.2922.2 CUTLER, JASON & KIMBERLY 148,26 69,66 63.60 15,00 03/19/2002 62.43 - 52,0240,1 0&0 10 FOODS 814.31 784.31 30,00 03/26/2002 823,25 - none 4.1260.1 DABB, ROBIN 117,96 55,85 62.11 02/20/2002 96.56 - 74,0378.1 DAILEY, CHARLES 72.51 34,34 38.17 03/05/2002 53.49 - none 2.0080,1 DALlCE PLUMBING 77.29 45.62 26,68 4.99 03/21/2002 44.45 - none 42.2388,2 DALY. BERT 93.29 49,30 32.96 11,03 03/20/2002 200,00 . 50.4574.3 DAROSA. JOE 165,38 34.34 42.00 36,68 52.36 1.3910.1 DAVCO SERVICES INC. 230,74 220.11 10.63 03/19/2002 187.38 - none 22,1420,1 DAVENPORT, DUANE 79,80 36.84 42.96 02120/2002 81.84 - none 34.1056.2 DAVIS. MIKE & MARY 39.45 35.62 3,83 03/14/2002 53.36 - 74.1058,1 DAVIS, NORMA 122.29 36,68 30.51 26.68 28.42 12/27/2001 40.00 - none 42.0456.3 DAY, BARBARA 97,88 45.88 52,00 02/20/2002 108,68 " 2,0904.1 DECHAMBEAU, JOHN 59,84 33.16 26,68 02/27/2002 26.68 - none 21 ,3070,1 DECK, KIMBERLY 101.57 45,74 55,83 03/20/2002 40.21 - none 14.4464.2 DECKER, KIM & GRETCHEN 103,99 59,54 44,45 02/19/2002 48,28 - 2,0140.2 DELLlMAGINE, RANDY 131,10 58.46 72.64 03/05/2002 53.49 . 1,0930,1 DENNEN, JEVON & HEATHER 69.52 34.39 35,13 03/21/2002 30,00 - none 2,1610,1 DESILET, DENICE 53.09 34,39 18.70 03/19/2002 40,00 - none 46.5070.1 DEVELOPERS DiVERSIFIED 76,82 68.72 8,10 03/19/2002 55,76. 2,1960.1 DICKSON, DONALD M 93.38 34,39 34.34 24,65 01/23/2002 100.00 - none 74,3820.2 DIMAYA, FEDELINO 83,58 36.79 46.79 02120/2002 79.75 - 6,1012.2 DIXON, CRAIG 40,24 23,36 16,88 03/13/2002 20.71 - 19,0770.1 OJ CONSTRUCTION 19.44 12,96 6.48 3.0730.1 D08ARAN, JOHN & ARVELLA 575.68 202.88 186.40 186.40 02119/2002 186.40 - none 3.0720,1 DOBARAN, JOHN & ARVELLA 64,64 30,88 16.88 16.88 02119/2002 16.88 - none 34.1690.1 DOCKWEILER, THOMAS & TERR 81.45 43.28 38,17 03/18/2002 34,34 - none 50,0140,1 DODGE, JAMES & JOAN 132.30 63.49 68.81 03/20/2002 91.66 - none 74.2944.2 DOHSE, ROGER 36.79 32.96 3,83 03/21/2002 36.79 - 74.1062.1 DOTY, PAULINE & RON 55,59 25,88 29.71 03104/2002 25.88 - none 35.1432,1 DOWNER, GREG & LORENZI, AS 53,92: 33,16 14,28 6.48 01/16/2002 1.62 - 31.0828.3 DOWNIE. JASON 0 75.59 45,60 29.99 03/18/2002 30,00 - 42:.3106.4 DRAKE. STEVEN 71,33 40,82 30.51 02127/2002 6.48. 42,2494,1 DRIVER, DONALD E, 118,08 65.97 52,11 02/22/200?- 77.55 - none 4,2282,1 DRURY, PATRICK 60,39 49,56 10.83 04/15/2002 50,00 . none 51,0698,2 DUEROCK, WALTER 83,87 26.68 30.51 26.68 02/14/2002 33.16 - 14,5004.2 DUNCAN, JEFF & MONIGUE 78.39 49,71 28.68 03/19/2002 40.00 - 680102.2 DURHAM, KYLE 61.35 29,13 32.22 03/04/2002: 40,00 - 4.0886.1 DUVALL, DEBORAH 67,70 35.61 32,09 03/08/2002: 30.00 - none 34,0746,2 DUVALL, KENNETH 69.47 62,15 732 03/25/2002 50,00 " 21.1972.2 EAGY. MICHAEL 86,52 33.16 26.68 26,68 01/29/2002 36,68 - 21.11601 EASTMAN, SCOTT 86.35 45.73 40,62 ' 03/12/2002 40,62 - none 2.1690,3 EBLEN,EARL 39,14 39,14 21.1106.1 EDGERTON, BRIAN 92,64 48.19 44.45 03/05/2002 48,28 - none 31,3034,1 EDWARDS, MARILYN 59.84 33,16 26,68 02/19/2002 11.72 - none 31,2238.2 EGUIA. ONESIMO 88.83 58,32 30.51 02/14/2002: 71.65 - ... in Msg column indicates no Notice is to be sent CITY OF MERIDIAN Delinquent Account List. council Page: 5 Standard Payment Customers Apr 16,2002 01 :36pm Current Period: 04/30/2002 No Delinquent Minimum AmountDelinquent Balance Last Pmt last Pml Cust No Name Balance Non-Delinq 02/28/2002 01/31/2002 12/3112001 Date Amount Msg 48.4850.1 ELIXIR INDUSTRIES 404,22 210,24 151,92 42.06 04/12/2002 56,32 . 66.0138.1 ELLINGTON, BRUCE 77.41 32.96 44.45 03/16/2002 32,96 . none 50.2232.1 ELLIS. JOHN 58,26 29,13 29.13 03/18/2002 29,13. none 2.4540,3 ELSPERMAN, DE WAYNE 59.84 33.16 26,68 02/07/2002 53.36. 74.2686.1 EPPERSON,DAREN 53.04 29.13 23.91 04/01/2002 30.00 - none 50,1238.2 ERHART. MilT 38.77 38.17 ,60 04/02/2002 11.20 . 50.1236,3 ERHART. MILT 80,04 26.66 26.66 26.68 02/04/2002 26,68 - 2.3464.1 ERICKSON, RICHARD 90.34 48,34 42.00 03/26/2002 42,00 . none 2,0820.1 EVANS, BRENDA 43,16 40,82 2,34 03/25/2002 32.00 " none 19,6502.1 FARNWORTH, WARREN 79.91 44,50 35.41 02/13/2002 50,00 - none 1,3670,1 FARRAND, SHELLlE 86.52 33.16 26.68 26.68 01/30/2002 36,68 - none 2.2450,1 FARRELL, MICHAEL 100.46 54.63 45,83 02/19/2002 101.66. none 33.3676.1 FAYLOR. MILFORD 245,77 46.22 38.17 38,17 121.21 04/09/2002 40,51 - none 50.0524.2 FEDORCHUK, PAUL 53.36 26.68 26.68 02/22/2002 26.68. 74.0104.1 FERGUISON, RANDALL C 57.19 30.51 26,68 03/22/2002 30.51 - none 4.1846.1 FERRY, MIKE & TRACY 44.50 40,67 3.83 04/12/2002 32.96 - none 74,1006,1 FISHEL, GEORGE 446.46 83.67 87.62 68.47 206,70 02/15/2002 68.47 - none 74.0328.4 FISHEL. GEORGE 87.39 40.62 44.45 2.32 03/13/2002 50.00 - 2.0740.1 FISK, PATRICK 152.41 87.45 64.96 03/20/2002 75,00 . none 32,0788.2 FITZPATRICK, R08ERT'& CHRIS 85,28 43.28 42.00 03/12/2002 34.34 - 1,1160.2 FLATEN, 808 96,37 48,20 48.17 0212012002 80,64 - 22.2498,2 FORBES, LONNIE & BRANDI 71.19 44,51 26.68 03/12/2002 40,51. 65.0712.1 FORBUS, DON 66,00 58.34 7,66 03/21/2002 38.17 - 46.0362.1 FORD, MARVIN 84.96 38.06 46.90 02119/2002 43.07 . none 2.4560,1 FORD. MICHAEL 66,13 35.62 30.51 02/21/2002 26,68. none 52.0150,1 FORS. GARY 53.36 26.68 26.68 03/12/2002 36,10 - none 49.1140.1 FORSYTHE, DAROL 427.67 210,74 216.93 02122/2002 261.33 - none 34,1288.1 FOURNIER, JAMES 100.32 58,32 42.00 03/18/2002 52.00 . none 21,0190.1 FOX, TRAVIS 35,91 34,39 1.52 04/02/2002 30,51 - none 2.5840.1 FRANK, GARY 34,94 33,16 1.78 04/15/2002 70.00 - none 31.3434.1 FRANK, GARY 75.16 36.99 38,17 02107/2002 190.02 " none 21,0160.2 FRANZEN, JAKE 168,13 45,61 122.52 03/20/2002 40,00 - 51.3078.3 FREEMAN. NICOLE 52.62 28.34 24.28 02119/2002 62.00 . 2.4930.4 FREEMAN. SARAH 69.84 33.16 36.68 04/15/2002 62,98 - 74.2746.1 FRENCH. JOHN & KATHY 53.36 26,68 26.68 02114/2002 26.68 - none 50,3754.1 FRENCH. LAWRENCE 64,85 30.51 34.34 02/08/2002 156,63" none 34.2856.1 FROSTROM, ED & KATHY 42.35 33,16 9.19 03/21/2002 50.00 - none 33.4258,1 FROSTROM. STEVE & TERRI 86,51 48.34 38.17 03/25/2002 42.00 - none 34.1176,1 FRY. LARRY 7762 43.26 34.34 03/05/2002 30.51 - none 32.1542,1 FUHRMAN, JOSHUA 84,90 48,22 36,68 03/20/,2002 30.51 . none 1 ,3520.1 FUHRMAN, KENT 44.69 44.65 ,04 03/11/2002 49.62 - none 21.2980.2 FUNK,DEENA 61.07 34.39 26.68 0'2/22/2002 26.68 - 32.1666.2 FURSTENAU, FRED & LONA 7782 37.42 40.40 03/14/2002 41.20 - 20.0204,2 GALLEGOS. ANTHONY 108,12 54.63 53.49 03/15/2002 38.17. 72.0200.1 GALLOWAY. KARL & NONA 85.07 40,62 44.45 02/27/2002 48.28 . none 31.2250.1 GARCIA, ANOTONIO 116.45 65,83 50.62 02120/2002 100.56 . none 34,1906.1 GARDNER, MARLA JO 105.52 52.03 53.49 02122/2002 38.17 - none 20.1284,2 GARDNER, VINCE 139,20 73.49 65,71 03/19/2002 50,00 - 21 ,3048.2 GARLICK. LEWIS 196,16 100.02 96,14 03/28/2002 100,00- 20,1726,1 GARRIGUS. SCOTT 167,61 78.69 88.92 02120/2002 114,22 - none 15,0090.1 GARY MARTINEZ 166.24 97.43 68.81 02115/2002 87.96 - 46.0188,2 GATES, JOHN 73.14 33.16 39,98 03/20/2002 41,00 - 34.1900,1 GATES. SANFORD E 63.67 33.16 30.51 02/15/2002 61.02 - none 34.2896.2 GAYTHWAITE, LARRY & TAMI 78.73 34,39 44.34 02/20/2002 ,03 - 13.4000.1 GERRY BURKE 84.70 39.29 45.41 02/20/2002 31.58 - 00: in Msg column indicates no Notice is to be sent CITY OF MERIDIAN Delinquent Account Lisl- council Page: 6 Standard Payment Customers Apr 16.2002 01:36pm Current Period: 04/30/2002 No Delinquent Minimum AmountDelinquent Balance Last Pm! Last Pm! Cust No Name Balance Non.Delinq 02/28/2002 01/31/2002 12/31/2001 Date Amount Msg 20.1826.1 GIBBS, LORIN 83.70 57.08 26,62 03/12/2002 80.00. none 2.0852.2 GIESLER. ANGELA 74,19 43.27 30,92 03/15/2002 45.00. 1.0940.5 GILBERT, CARL 110.68 59.57 51.11 03/20/2002 40.00 " 15,0108.1 GLENN JOHNSON HOMES 104.32 8.94 36.68 58,70 10/09/2001 6.48- 15,0278.1 GLENN JOHNSON HOMES 112.12 648 105.64 10/09/2001 12,96 - 35.0152.1 GLENN JOHNSON HOMES 26.38 26.38 10/09/2001 28,04 - 35.0256.1 GLENN JOHNSON HOMES 250,28 16.48 44.34 45.83 143,63 08/03/2001 69.24 - 5,0262,2 GLINES, MARK & YVONNE 11843 36,99 34.34 30.51 16.59 03/11/2002 34.34 " 33.2388,1 GLUCH. SCOTT 59.84 33.16 26,68 02/20/2002 53.36 - none 22,1520.1 GOLD, JOHN 59.84 33,16 26.68 02/19/2002 26,68 - none 33,2346.1 GOODSELL. LARRY & PAULA 67,50 36.99 30,51 02/20/2002 30.51 - none 34.1240,1 GORE, JOSEPH 59.84 33.16 26.68 02/13/2002 26,68 . none 21.2790.1 GORRINGE, BENNY 128,08 62,14 65.94 02/21/2002 124.22 - none 1,2090,1 GOSSEN, KELLI 59,84 33.16 26,66 02127/2002 26.68 " none 6.9858,1 GQ CONSTRUCTION 22.04 15,56 648 31,2280.1 GRAFFIS. TODD & TERESA 73.36 44.50 28.86 03/11/2002 37.00 - none 50,3908.1 GRAHAM, JOHN & KATHLEEN B6.26 30,51 5,75 03/19/2002 25,00 - none 33.0101.1 GRAND AUTO #04533 122.51 122,51 01/17/2002 48.60. none 32.1256.2 GRASS, JOYCE 61,07 34.39 26.68 02/15/2002 16.06. 19.0272.2 GRATTON, DENNIS 64.74 35.61 29,13 02/15/2002 29.13 - 2.3250.2 GREEN, JAY 63,67 33.16 30.51 02/21/2002 30.51 - 4.1206.1 GREEN, KEVIN 74.86 41.90 32,96 03/02/2002 58,26 - none 20.0440.1 GREG LASHER CONSTRUCTION 66,35 53.72 12,63 34.2126.1 GRIGG, DANA K 49.37 34.39 14.98 03/19/2002 50,00 . none 50.2412.3 GRISHAM, DANIEL & JANET 65,14 30.51 34.34 .29 03/19/2002 34,34 " 33,0850.2 GROFF, MARY 110.03 55.47 27.28 27,28 20.2034.1 GROSSMAN, MICHAEL M. 78.69 45.73 32,96 02127/2002 18.05 - none 2.4290.1 GROSSO, SHADOW 72.30 45.62 26.68 03/20/2002 30,51 . none 10,1074,1 GUARANTEED QUALITY CONSTl 19.44 12.96 6.48 42,2070.4 HADLEY, BRENT 126.85 84,85 42,00 03/13/2002 76.47. 22,0456,1 HAHN. THOMAS & SHARI 82.52 41.90 40.62 02/21/2002 27.77 - none 3213602 HAILEY. SEAN 35.52 33,16 2,36 03/20/2002 61.00. 20,1478.2 HAKE, KAREN 79.14 44.50 29,13 5.51 11/29/2001 300.00 . 33.1678,1 HALE DEVELOPMENT 39.92 33,16 6,76 03/28/2002 26,96 - 32.4124,1 HALE DEVELOPMENT 59,84 33.16 26.68 03/19/2002 26.68 - 32.4168.1 HALE DEVELOPMENT 19.44 12.96 6.48 32.4122.1 HALE DEVELOPMENT, INC, 59,84 33,16 26,68 03/19/2002 26.68. 32.4032.1 HALE DEVELOPMENT, INC, 59.84 33.16 26,68 03/19/2002 55.18 - 32.4034.1 HALE DEVELOPMENT,INC. 59,84 33,16 26.68 03/19/2002 16.88 - 46,0338.1 HALE, MARTEL 74.50 40,82 33,68 03/18/2002 35.00 - none 4.1594,1 HALL, BRIAN 97.62 49.45 48,17 03/20/2002 32,07 - none 19,65961 HAM, RUSSELL M, 91.41 50.79 40.62 02127/2002 40.62 - none 33.2338,1 HAMIL TON, TRACEY 264,36 195.55 68.81 03/18/2002 68,81 . none 40D234,l HAMMOND, DONALD. 84.86 51.90 32,96 03/20/2002 58.26 . none 33,1842,1 HAMMONS, KENNETH & MARIBE 59,84 33,16 2668 02/27/2002 30.51 - none 74.2662,1 HANSEN, DAVID 72,51 34.34 38,17 02/19/2002 34.34 . none 33.4274,1 HANSEN, ERIK 110.24 60,92 49.32 03/11/2002 46.00 - none 74,3240.2 HANSEN, WADE 54.50 32,96 21.54 03/28/2002 50,00 - 32.0604.2 HANSON, PHILIP 39.88 3316 6,72 03/11/2002 35,00- 42,2356,1 HARP, GREGORY 10647 58,31 48,16 03/18/2002 56,00 - none 72,0158,1 HARRIS, CIND! 6846 40,62 27,84 04102/2002 70.00 . none 51.0378,1 HARRY'S BAR & GRILL 471,40 231U 239,53 03/14/2002 260,95 - none 31.2264 2 HARTLEY, QUENTIN ROLAND 117,01 55,86 61 15 03/13/2002 52.00 - 2.5900.1 HARVEY, LISA M. 107.46 62.29 45.17 03/19/2002 60.00 - none 34.3234.2 HATCH. GARY 61.07 34.39 26,68 02/22/2002 52.65 - .. '. in Msg column indicates no Notice is to be sent ( CITY OF MERIDIAN Delinq uent Account List- council Page: 7 Standard Payment Customers Apr 16,2002 01;37pm Current Period: 04/30/2002 No Delinquent Minimum AmountDelinquent Balance Last Pm! Last Pmt Cust No Name Balance Non-Delinq 02/28/2002 01/31/2002 12/31/2001 Date Amount Msg 20,1488,1 HATCH, ORSON 89,80 40.82 48.98 02/14/2002 100.00 - none 20.1624.1 HEATON, JUDITH A 58.52 40.82 17,70 03/18/2002 35.00 - none 22.1574.1 HEINTZ 57,22 49,56 7.66 03/14/2002 96.56 . none 74,0798.1 HENKELS & McCOY 52.16 26.08 26.08 02/22/2002 26.08 - none 2.6830,1 HENSEN, JAMES & RENA 392.44 29.13 29.13 29.13 305.05 08/21/2001 223.16 - none 7.0990.1 HEPPER, TIM 144.30 132.81 11.49 03/21/2002 105.42 - none 50.4028.2 HERNANDEZ. ANTHONY 37.18 36,79 .39 03/08/2002 46.00 - 33.1618.1 HERONBROOK LLC 30.12 23,36 6.76 03/28/2002 16.60 - 3.0036,2 HESTER, CHRISTINE 75,97 36.84 39.13 03/19/2002 39.13- 3.0094,2 HESTER, CHRISTINE A 97.58 50.79 46.79 03/19/2002 62.11 - 74,0384.2 HESTER, LLOYD & SHERRY 160.29 71.15 89.14 03/20/2002 61.02 - 31 ,0248.1 HEUGHINS, RUSSELL S. 104,29 58.46 45.83 03/18/2002 40.68 - none 31,3454.2 HICKMAN, JOHN & JENNIFER 106.39 58,32 48.07 03/19/2002 61,00 - 34.1870.2 HILL, RONlE & CARLA 53.25 49.42 3.83 04/02/2002 40,62 - 7.0998.3 HISLOP, TOM 72.56 38.22 34.34 03/01/2002 26.68 - 22,0320.1 HITESMAN, DOLPH & EILEEN 117.61 69.80 47,81 03/19/2002 53,00 - none 50,3710.1 HODOR, LARRY '87.49 31.49 55,83 ,17 02/20/2002 80,00 - none 4.1792.2 HOHENSHEL T, JOAN 104.13 55.85 48.28 03/04/2002 69.10- 5.0722.1 HOLLEY, DAVID 182.03 76.76 105,27 03/20/2002 44.34 . none 33.4346.1 HOLLOWAY, PAIGE 69,05 55,72 13,33 03/19/2002 20.00 - none 2.0976,3 HOLMES, LAWRENCE 157.40 130.72 26,68 20.1316.1 HOME BUILDERS 161,76 6.48 36.68 118,60 22.2368,1 HOME BUILDERS 95,62 95,62 07/23/2001 26,38 - 51 .4250.1 HOME PRO PLUMBING 226,38 108,19 118.19 02/27/2002 216,38 - none 51.0534.1 HORTON,MARGARETTE 43.76 43,56 .20 03/27/2002 43.36 - none 35.0413.2 HOSBURGH, BRYAN & ERIN 85,28 47.11 38,17 03/14/2002 42.00 - 1.0420.1 HOWARD, TREVIS 46.38 30,99 15.39 09/26/2001 200.00 - none 1.0470.4 HOWELL, GAYLEEN 82.61 3099 24.51 24,51 2,60 50,0226.1 HOWELL. JAMES 185.66 72.51 113,15 02/27/2002 145.02 - none 31,3004.1 HOWELL, JOYCE 122,07 68.58 53.49 03/11/2002 53.49 - none 33,2652.1 HOWELL, KATHLEEN 110,51 58.34 52.00 .17 03/20/2002 38.00 - none 32.0700.1 HUE. NGUYEN THI 137,39 68.58 68,81 02/20/2002 53.49 - none 51,0714,2 HUMPHREYS, JOHN 45.65 44.34 1.31 03/21/2002 70,00 - 342100.1 HUNT, RADELL 86.51 48.34 38.17 02/19/2002 63,14 - none 50.1706,2 HUNT, STEVE 53.36 26.68 26.68 02/19/2002 57.19 - 15.0048.3 HUNTER,PAUL 99.11 47.11 52.00 02120/2002 95.75 - 42.0310.2 JACOBS. THOMAS 112,70 42,59 19.96 50.15 03/20/2002 42,38 - 68.0046.1 JACOBSEN, JASON & LIANNA 61,18 29.13 32,00 03/04/2002 33.00 - none 50.4506.1 JACOBSON, BETTY B. 53.36 26,68 26,68 02/20/2002 120,07 - none 32.4960.1 JD MARRS HOMES 64.74 35.61 29.13 03/11/2002 45.86 - 19,1630.2 JENKINS, LEROY 64,90 38,22 26,68 02/19/2002 53,36 - 74,3984.2 JENSEN. CHRIS 110.81 49,66 61.15 03/18/2002 45.83 - 69.0196.1 JENSEN. DONNA & DARIN 99.32 42.00 57.32 03/13/2002 57.32 - none 5.0502.2 JOHNSON, JASON &.SUZANNE 76,39 42.05 34.34 02/19/2002 26,68 - 74,3642,2 JOHNSON. KEVIN 36,99 36.79 ,20 03/19/2002 41.00 - 34.0390.2 JOHNSON. PETER 138.08 72.14 65.94 03/20/2002 44.69 - 20.1554,3 JOHNSTON, JAMES 143,80 141,88 1.92 04/15/2002 132.00 - 2.0630.2 ' JOINT SCHOOL DIST #2 59.84 33,16 26.68 02115/2002 26,68 - 51.4290.1 JONES, BRET 359,51 13188 227.63 03/25/2002 162,52 - none 40,0362.1 JONES, DANIEL 57,34 33,16 24.18 03/08/2002 25.00 - none 22.14181 JONES. MICHELLE 145.24 26,68 37,29 . 29.13 52,14 12/19/2001 160,00 - none 2.0412,1 JONES. RICHARD 6.48 6.48 02/27/2002 26.68 - none 20,1988.1 JONES. SYLVIA 855.80 277,29 412.13 166.38 03/14/2002 15000. none 32.0522.2 JUHASZ, DON C 136.08 69,81 64.98 1.29 02/19/2002 120,00 - 20,1932.1 JUSTICE, PAT 98,00 44,51 53.49 03/19/2002 80.30 - none H: in Msg column indicates no Notice is to be sent I \ CITY OF MERIDIAN Delinquent Account List- council Page: 8 Standard Payment Customers Apr 16,2002 01 :37pm Current period: 04/30/2002 No Delinquent Minimum AmountDelinquent Balance Last Pmt Last Pmt Cust No Name Balance Non-Delinq 02/28/2002 01/31/2002 12/31/2001 Date Amount Msg 47,0016.1 KAUFMAN. MARK 78.69 41.90 36,79 02/11/2002 32,96 - none 42.2436.2 KEELY, GRANT 33,56 33,16 .40 03/13/2002 26.26 - 42.1930.1 KEGAN, ROSE MARIE 86,86 35.61 51.27 02/25/2002 70,00 - none 19,7164.4 KESSLER, SHELrA 244.56 26,66 26.68 191.22 50.1606.2 KEULMAN. GERALD & GLORIA 98,02 49.01 49.01 02/19/2002 42.53. 42.2530,1 KILER, KELLY & TAMMY 114.62 65.96 48.64 03/19/2002 50.00 - none 4.1614.1 KINCAID, LAURA 64,74 35.61 29.13 02/05/2002 170.17 - none 21 .2090.1 KINGSTON, CHRISTIE 241,19 35,61 29.13 78.92 97.53 12/21/2001 36.65 - none 34.2046.1 KINNEY, DENNIS L. 80.22 42.05 38.17 03/18/2002 42.00 - none 3.0024.1 KINNEY, KIMIKO 45.12 40.67 4.45 04/11/2002 50.00 . none 74.3358.1 KLEIN, DANIEL & MARILYN 29.24 29.13 .11 03/26/2002 29,13 - none 32,1180.1 KLEIN, REINER 86,51 44,51 42,00 02/15/2002 46.17 - none 40.0116.1 KLINDT, PAUL 114,11 65.83 48.28 02/22/2002 48.28 - none 51.0466,1 KLINE, BEVERLY 53.36 26,68 26.66 02/04/2002 90.04 - none 5,0268.2 KNOTT, GORDON & LORRAINE 50.82 50.79 .03 03/27/2002 31,21 - 74,3600,1 KOCH,CLlNTON 78.79 40.62 38,17 03/1212002 40,00 . none 74,3252.2 KOEPPLlN. COREY '57.58 26.68 26,68 4,22 02107/2002 26.68 - 19,6642,1 KRENZ,ROY 148.19 41,90 40.62 32.96 32.71 03/07/2002 40,00 - none 21.1550.2 KROMMENHOEK, PAUL 96,35 49,56 36,79 10.00 02/21/2002 36,79 - 20,0478.1 KUEHL HOMES, INC 81.45 43.28 38.17 02/19/2002 34.34 - 50.4642.3 KUGEL, LISA 86.34 44.34 42.00 03/20/2002 72.36. 46.0368.2 KUPER. GREG 76,23 39.44 36.79 02/25/2002 32.65 - 50.1782.1 LAFEVER, RONALD 196.78 98.39 98.39 03/12/2002 106.05 - none 21 .1940,3 LANCE, EDWARD & DELOY 86,52 33.16 26.68 26.68 22.1842.2 lANDOW, BRUCE 83.91 53.40 30,51 03/19/2002 49,45 - 22,1220,2 LANE, SAMUEL, ARTHUR & ROS 87.18 52,64 34,34 02/0712002 36.17 - 20,0206,2 LARGEVIN, MICHAEL & DARCIE 91,29 50,67 40,62 03/20/2002 75,31 - 34,1876.1 LARSEN, ERIC C, 94.31 36.99 57.32 03/02/2002 45.83 - none 22,0336.1 LARSON, CARl 67.34 35.61 31.73 01/09/2002 59.49 - none 74,2994.1 LARSON, DONALD 57,01 49.35 7.66 04101/2002 49.35. none 21.3016.1 LARSON, GORDON 96.4 7 52.02 44.45 03/18/2002 44.45 - none 31.0666.1 LARSON-POOLE. VICKEE K, 86,51 44,51 42.00 03/1212002 34.34 - none 2.4990.2 LAUFENBERG. JIM & TAMMIE 96,97 56.97 42,00 03/20/2002 31.94 - 21.1970.2 LAURENCE, PATRICK & ROBIN 64.56 42,05 22.51 03/06/2002 50.00- 22.1350.1 lAW. KIMBERLY 82,66 40.68 42,00 03/18/2002 45.83. none 42,2736.1 LENAGHEN. CHRIS 64.23 35.61 28.62 03/18/2002 45.00 - none 2.4570,2 LEONG, ROBERT & KATHRYN 76,25 41.91 34.34 02114/2002 82,51 - 15.0154.1 LESLIE HUG 46.12 33.16 6.48 6,~8' 31.3382.1 LEVITT, MONTE 91.29 44.50 46,79 03/15/2002 43.90 - none 13,2064.2 LIGGINS, ARTHUR & JOANNA 90,18 45.73 44.45 02/19/-2002 44.45 - 34,0614.1 LONGWORTH. ERIC 101,69 55.86 45,83 02/19/2002 80.17 - none 2.5420.1 LOOP, BRUCE S. 71,19 40.68 30.51 02/14/2002 26.48 . none 2.4270.1 LORD, LARRY R, 79,88 33.16 26,68 20,04 01/25/2002 70,00 - none 35,0140.2 LORD, WENDELL & DOLLY 125.78 46.97 76,81 02/20/2002 106,98 - 7,0890.1 LOREE. TODD 54,62 50.79 3,83 03/26/2002 32,96 - none 21.3134.1 LOVE. JAMES & ELIZABETH 96,37 48.20 48.17 02/20/2002 89.52 - none 33.2706.1 LOVELAND, JEREMY 59.03 33.16 25.87 02/27/2002 50.00 - none 2,0390,1 LUKE, DANIEL 75.02 36,85 38.17 02/19/2002 72,51 . none 32,1320.1 LUKE. SHELL1E M, 95.00 46,83 48,17 02/20/2002 84,00 - none 2,5510.2 LUNA, JAMES & LORI 14375 82,73 61.02 03/07/2002 61.02 - 2.4790,2 LUTZ. SHAUN & AMBER 53.87 35.61 18.26 . 03/20/2002 50.00. 69.1556,1 MACE, JEFFREY & BERLENE 48.37 46.28 ,09 02/27/2002 63,60 - none 74.2840,1 MACHO, CRAIG & TAMMY 101,00 48,26 52,72 03/21/2002 50,00 - none 42.1970,1 MACHULE,HERBERT 59,84 33.16 26.68 02120/2002 26,68 - none 4.1248,2 MACKNESS, JOSEPH & KELLY 94.17 48.34 45.83 02/22/2002 42,28 - ..~ in Msg column indicates no Notice is to be sent i { CITY OF MERIDIAN Delinquenl Account List- council Page: 9 Standard Payment Customers Apr 16,2002 01:37pm Current Period: 04130/2002 No Delinquent Minimum AmountDelinquent Balance Last Pmt Lasl Pml Cust No Name Balance Non-Delinq 02128/2002 01/3112002 12/31/2001 Dale Amount Msg 4.0816.2 MACOMB, TIM 64.74 35.61 29.13 02/20/2002 58.26 - 2.1410,1 MADSEN, JOHN 115.78 62,29 53.49 02112/2002 53.49 - none 1,3350.1 MADSEN, LOU 80,20 33,16 26.68 20.36 02/27/2002 30,00 - none 19.0100.2 MAISANO, ARLEEN 59,84 33.16 26.68 02/11/2002 26.68 - 1.3360.1 MAKOVSKY. GERALD & RUTH 67.50 33.16 34,34 03104/2002 26,68 . none 19.0812,1 MALLON CONSTRUCTION 22,04 15,56 6.48 34.2808.1 MANN, KEVIN & VIVIAN 70.86 59,69 11.17 03/19/2002 30.00 - none 34.1472,1 MARKHAM,RON 95.12 54,50 40.62 03/20/2002 58,28 - none 74.0394,1 MARKS. CARMEN 50,04 26,68 23.36 03/19/2002 30.00 - none 19.1640.2 MARLER, KENNETH 47,06 35.61 11.45 01108/2002 35,00 - 65.0472,1 MARQUARDT, MICHAEL 67.50 33.16 34.34 02/2212002 26.21 - none 35,5016.2 MARTIN SHERIE, & DAVID J 43,28 39.45 3,83 03/26/2002 38,17 - 42,1950.1 MARTIN, DANIEL K, 125,32 77.04 48.28 03/20/2002 52.01 - none 42.1206.1 MARTIN, LOREN 129.62 126.02 3.60 03126/2002 60,00 - none 74.3658.2 MARTIN, PHILLIP 64.85 30.51 34,34 0211312002 26.68 - 2.2280.1 MASLEN, JENNY 62.69 34.39 28.30 03/1812002 40.00 . none 4.0580.2 MASON, JAMES E '68.57 35.61 32,96 03/07/2002 29.13 - 51,0514,1 MATHEWS, DONNA 53.36 26.68 26.68 03/13/2002 26.68 - none 34.2106,1 MATLOCK, MELANIE R. 34.69 34.39 .30 03126/2002 26,38 - none 22.1068,2 MAUPIN, SHELLY D 65.56 35,61 29.13 .82 01/0412002 157.29 - 50.4821.1 MAWS #3 - SPRINLKER 3.24 3,24 11/2112001 42.12 . 4.1626.1 MAXEY. SHANE & MICHELLE 42.09 41,90 .19 02/19/2002 73.20 - none 50.3888,1 MAXEY, STEFFANIE 26.81 26,68 ,13 01/16/2002 26.68 - none 51.0462.4 MAYES, 8LAKE 57.19 30.51 26.66 02127/2002 31.38 - 20.1948,1 MCARTHUR, RODNEY 107.03 53,54 53.49 03101/2002 82.09 - none 68,0054,1 MCBEAN,DEBRA 34.92 29,13 5.79 03/21/2002 31,00 - none 1,2050.1 MCBRIDE,D,B, 139.40 35,88 25.88 25,88 51.76 03/1312001 225,87 - none 33.2266.1 MCBRIDE, f(EVJN 99.95 79,92 20.03 03/18/2002 75.00 - none 33.2582,2 MCCALL, MICHAEL 86.52 33,16 26.68 26.68 42,2072.1 MCCLINTICK. TODD & LEISA 124.37 68.43 55.94 03118/2002 59,77 - none 31.0194.1 MCCLURE, DENNIS D. 81.13 45,72 35.41 0311212002 35.41 - none 74.3106,1 MCCOLLUM, ROBERT 53.36 26,68 26.68 02/1312002 26,68 - none 1,0080.1 MCFADDEN, CLEORA 69,80 36,84 32.96 02119/2002 41.41 -none 313242.1 MCGOWAN, DAVID E, 83.77 45.60 38,17 02/19/2002 67.80 - none 21.1148.3 MCKINLEY, JUNE 78.85 40.68 38.17 03/1212002 38.17 - 74.1024,5 MCKINLEY, JUNE 91.66 45.83 45.83 21.2154,1 MCKINNEY, BRIAN 64.74 35.61 29.13 03/26f2002 29.13 - none 46,0558,2 MCKNIGHT, DANIEL 88.85 40.68 48,17 02/2012002 57.19 - 2.4500.1 MCNETT, DARREN 87.62 39.45 48,17 02/20/2002 72,51 - none 13.6120,2 MCWHORTER, CAROL 59.84 33.16 26.68 50,3726.1 MEATTE, NICKlE 57,19 30.51 26.66 02l19f2002 67.19 - none 16.3504.1 MEDALLION HOMES 112.12 6.48 105.64 11108/2001 40,66 - 50.0326,1 MEEK, JEANNE ANN 67,19 26,68 40.51 02/2012002 76.34 - none 1.2730,1 MELLEN, ANGELA 84.92 70,92 14,00 0312012002 100,30 - none 4.1340.2 MENDEZ. BENJAMIN 90.22 42,05 48,17 02/20/2002 78.68 - 33.2538,1 MENDOZA, GEORGE & EUZABE' 97,88 53.54 44.34 02l20f2002 113,15 - none 2.0010.1 MERIDIAN SCHOOL DISTRICT 458,69 281.19 1 77. 50 03119/2002 273,48 - none 52,1090.1 MERIDIAN SPEEDWAY 3,088,95 3,088.95 03/28/2002 500.00 - none 32.12863 MESSICK, JOHN 82.68 48.34 34.34 02/22/2002 38,17 - 20.0066.2 MEYER,BRADLEY 174.02 93.74 80,28 03113/2002 86.49 - 74,3246.1 MEYER, JOHN & LISA 117,85 49,35 68,50 03/14/2002 70,84 - none 2.2030,1 MEYER, VIRGINIA 64,88 32,36 25.88 6.64 03/18f2002 25.00 - none 31.0886.4 MEYERS, DEBORAH 120,70 81.57 39,13 02f25/2002 68.26 - 19.7124.1 MEYERS, TROY & JIMI 106.70 54,62 52.08 0211912002 104.00 - 19.1708.2 MICHAS, JAMES 97,70 53.25 44.45 02/22/2002 46,79 - ... in Msg column indicates no Notice is lo be senl CITY OF MERIDIAN Delinquent Account List- council Page; 10 Standard Payment Customers Apr 16,2002 01 ;37pm Current Period; 04/30/2002 No Delinquent Minimum AmountDelinquent Balance Last Pmt Last Pml Cust No Name Balance Non-Delinq 02/28/2002 Ot/31/2002 12131/2001 Date Amount Msg 74,3696.1 MILLER, GREGORY & ERICA 57.19 26.68 30.51 02/19/2002 57.28 - 34,1964.2 MILLER, RICKEY 82.68 44.51 38,17 03/18/2002 29,97 - 32,1108.2 MILNER, BRIAN 33.50 33.16 ,34 03/26/2002 44,00 - 1.2420,1 MIRONOV, BARBARA & OLEG 87,74 49.57 38.17 02/20/2002 38.17 - none 64.4070,2 MITCHELL, RANDY 105.00 60,91 44.09 03/13/2002 25.00 - 4.0538,1 MONSON, THOMAS 93.87 35.61 29.13 29.13 01/29/2002 29.13. none 42.1854,1 MONTGOMERY. ROBERT & RAG 71,61 42.99 28.62 03/07/2002 43.00 - none 74.3300.1 MOORE, DONALD L. 58.26 29.13 29.13 02/22/2002 68,26 - none 46.0222,1 MOORE, KEVIN & LISA 59.23 53.40 5,83 03/08/2002 40,00 - none 69.0692.1 MOORE, STEVEN & JO 85,07 40.62 44.45 02127/2002 48.28 - none 16.3632.2 MOSGROVE, TOM & RONNA 177.65 55,85 121.80 03/15/2002 50.43 - 2.0526.1 MOSSI, DAVID L 126.85 36.68 52,00 38.17 02120/2002 45.83 - none 34.0500,1 MOURITSEN, LAYNE 86.51 44.51 42.00 03/18/2002 55.83 . none 19.7990.2 MUNKRES, MIKE 59.84 33.16 26.68 03/19/2002 26,68 - 50.0308,2 MUSSELL, TIM 96.44 51.46 44,98 03/19/2002 51.46 - 2.6860.1 MYERS, MICHAEL 103,06 61,06 42,00 03/18/2002 42.00 - none 69.2302.1 NEAL, KEVIN & MICHELLE 75.92 32,96 42.96 02/20/2002 73,58 . none 4,1876.2 NEEDS, KATHY 144,90 129.88 15.02 03/20/2002 94.00 - 2,2940.2 NEFF, IVONA 34.88 33.16 1.72 03/11/2002 30.00 - 68,0086,1 NEITZEL, KENNETH ,& HEIDt' 92,73 36.79 55,94 03/18/2002 48,28 - none 19.0046.2 NEITZELL, JAME8& HEATHER 99.07 54.62 44.45 03/1212002 47.36 - 65,3162.2 NELSON. STEVE & JANET 69.75 29,13 40.62 02/2212002 44.45 . 1.3200.1 NEWKIRK, MARYANN 59,84 33,16 26.68 02119/2002 63,36 . none 50.0034,1 NEWMAN, TIM 57,19 26,68 30.51 02/27/2002 26.68 - none 13.8464.1 NORTH WOODS CONSTRUCTIOI 60,91 33.16 26.68 1,07 01/04/2002 11,89. 13,8434.1 NORTH WOODS CONSTRUCTIOI 81,11 33.16 26.68 21,27 01104/2002 14.49. 13.2086,2 NORTH, JERRY 152.34 50.79 101.55 02/2212002 29.13 - 32,1002.1 NUTTALL, JODI 75.16 36.99 38,17 03/04/2002 34.34 - none 32,1260.2 OCHOA. RAMON 107,55 43,28 34.34 26.68 3.25 35,1440.1 OLlVER,MARY 35.11 34,39 .72 03/11/2002 9.08 - 1.1210.2 O'NEAL, GEORGE & JANET 59.84 33.16 26.68 03/19/2002 26.68 . 21.1892.1 ORSBORN, JERRY E. 96.4 7 55,85 40.62 02120/2002 44,45 - none 74.2436.1 OSMAN. KATHLEEN ,01 .01 03/05/2002 71.56 - none 69,1298,2 OSTLUND,HAROLD 53.36 26,68 26,68 03/12/2002 30.51 - 13.2094,2 OVERY,ROBBY 113.86 38.22 34.34 30.51 10.79 03/20/2002 54.34 - 22.0454,1 P. JANSSON, JANIE 109.07 56.96 52.11 03/21/2002 52.11. none 65.3148.1 PAFFUMI. ANGIE 77.41 36,79 40.62 02/20/2002 82,39 - none 50.4614.2 PAISANO ITALLlAN RESTURANT 515.36 233.53 281.83 02/27/2002 525.93 . 50.1770.2 PALMER, ELDON 250.54 125,27 125.27 03/28/2002 125.27 - 31.3280.1 PALMER, PAT 90,34 44.51 45.83 03/25/2002 62,00 - none 32,0638,2 PALMER,PAT 108,65 54,51 54,14 03/20/2002 40.00 - 40,0246,2 PANASlTI, JOSEPH & DIANA 59.84 33.16 26.68 02127/2002 26.68 - 33.0128,1 PANDAS RESTAURANT 298.10 181,64 116.46 02/27/2002 '124.12 - none 34.1230.1 PARENT,BEAU 76,39 38.22 38.17 03/07/2002 34 :34 - none 68,0308.2 PARKER, FREDERICK JR. 73.58 32.96 40.62 02/14/2002 32,96 - 32.0536.2 PASTA. AMBER 86,52 33.16 26,68 26.68 32.1700.1 PASTIAN, BRYON 59,84 33.16 26,68 01/29/2002 67.10 -none 15,0524.1 PATTEE, RICHARD & ROSIE 106.89 57,23 49.66 02/22/2002 26.68 - 22490,2 PATTERSON,DEENAL 36.38 36.38 05/17/2001 52,76 . 2.2550,6 PAUL PACK 100.46 54.63 45.83 02/15/2002 42.00 - 51.0318.3 PAULIN, BEN 36.40 26.68 9.72 03/18/2002 27.00. 74,3356,1 PAYNE. STEPHEN 53.35 40.62 12,73 03/15/2002 80,00 - none 4.0522,1 PEACOCK, ROBERT 64,87 35,61 29,13 .13 02115/2002 4.00 - none 51.3810,2 PERKINS, BRADLEY & PATRICIA 91,66 49.66 42.00 02/25/2002 42.00 - 35.0101.2 PETRAIN, JAMES 82.12 55.44 26,68 02119/2002 64,85 - U'in Msg column indicates no Notice is to be sent CITY OF MERIDIAN Delinquent Account List- council Page: 11 Standard Payment Customers Apr 16,2002 01 :38pm Current period: 04/30/2002 No Delinquent Minimum AmountDelinquent Balance Last Pmt Last Pmt Cust No Name Balance Non-Delinq 02/2812002 01/31/2002 12131/2001 Date Amount Msg 15.0024.2 PETTIER, SEAN 129.61 129,61 05101/2001 40.Z5 - 74.4103,1 PIC 424.44 42444 11/1312001 216,70. 744101,1 PIC 24.30 24.30 1111312001 92,34 - 22.1526,1 PIERCE, TANYA 64,74 35,61 29,13 03113/2002 29.13 - none 31,3310.2 PIERCE, VELVET 80,08 45.74 34.34 03/1512002 34,34 - 57,OOOZ,1 PINNACLE FITNESS 177,52 99.76 77.76 2.1870,1 PIPER, LARRY 59.84 33.16 26.68 03/1912002 34,34 - none 321590.1 PISCHEL DEBORAH 95.40 49.57 45,83 02113/2002 55.68 - none 2.3340.1 POE. RICHARD 60.85 44,51 16.34 03114/2002 70,00 - Mne 4,1670,1 POGUE, LINDA 56,74 50.79 5.95 0410912002 40.62 - none 2.4100,2 POND, JUSTIN & LISA 40.24 23.36 16,88 02/13/2002 64.87 - 2.4090,2 POND, JUSTIN & LISA 40,24 23,36 16,88 0211312002 50,64 - 21.1942.1 POOL. JAMES H. 236.64 35,61 39,13 29.13 132.77 01115/2002 25.00 - none 2.0460.1 POTTER, MICHAEL & CONNIE 59.84 33.16 26.68 02/2012002 26,68 - none 21.3062,1 POWELL, GREG & CATHERINE 105.20 50.64 54.56 02/1412002 98.83 - none 50,2402,1 POWELL, RANDY 156.30 49,66 49,66 56,98 0310212002 50.00 - none 31.0798,1 PRICE. JOHN W. '87.02 54.51 32,51 03/2012002 50.00 - none 1.3490,3 PRIEST, DONNA 110.46 54.63 55,83 03/14/2002 42.00 - 74,2456,1 PRINCE. MALCOM & TINA 95,67 44.45 51.22 0311912002 53,00 - none 21.1828,2 PRINTZ, DENIA 100.30 55.85 44.45 0312012002 62.11 - 34.1172.1 QUARNBERG, CARL & DOR-OTH' 119.61 62.29 57.32 02/15/2002 110,81 - none 50.2414.3 QUINOWSKI, CALVIN & SHARON 72.34 34,34 38.00 02/25/2002 46,00 - 21.147t';.2 QUINT ANA, LOUIS 59.84 33.16 26,68 02112/2002 53.36 - 13.4038.1 RADY CONSTRUCTION 125.08 6.4B 118,60 52.1006,1 RAFANELLI & NAHAS 147,20 65.76 55,76 25,68 0312812002 55,76 - none 7.2000,2 RALPHS. PAUL 90.99 40.67 50.32 0212012002 85,83 - 21 .2766.1 RANDALL, GLENDA 64.74 35.61 29,13 02/08/2002 58,26 - none 2,5670.1 RANSOM, JAMES R. 132.56 45.88 38.17 48,51 0212712002 50.00 - none 21.3088.2 RASMUSSEN, CLINTON 92.08 55,29 36.79 03/12/2002 58.26 - 21.1754.2 RASMUSSEN, DANIEL & JENNIFE 86.52 33.16 26,68 26.66 01/10/2002 61,16 - 31.3390.2 REIF, JANELLE & HULL. JASON 43,07 42.05 1.02 0311912002 31.00 - 21,2918.1 REYES. DAVID & KAREN 103.87 53.25 50.62 02/20/Z002 98,90 - none 22,1188,1 RICE. ALLEN 41.31 38.07 3.24 04111/2002 37.00 - none 20,1786.1 RICE, JOSEPH 83.61 50.65 32,96 02/1412002 40.62 - none 74.36902 RICE, THOMAS & SAMANTHA 87.83 42,00 45,83 03108/2002 34,34- 33,3666,1 RICH. STEVEN 59.84 33.16 26.68 02115/2002 26.68 - none 4,2038,1 RIESKE, LARRY 64.74 35.61 29,13 02/19/2002 48.17 - none 1,2770.1 RIGENHAGEN, HAROLD E 63.67 33.16 30.51 02l191Z002 72.51 - none 50,2064,2 RILEY, WAYNE 69.75 32,96 36,79 02/27/2002 37,97 - 1.4100.4 RINCOVER, LAWRENCE 96,63 54,63 42,00 42,1844.1 RIVERA, REGENA 106,24 63,51 42,73 0311812002 70.00 - none 21,0584.2 RIVERA. RICHARD & DENISE 83,94 49,29 34.65 03/21/2002 40,00 - 2.0050,2 ROBBINS, ELLEN 78.64 58.18 20.46 03/201Z002 50,00- 50,0256.2 ROBBINS. ELLEN 122.97 63.49 59.48 03120/2002 150.00 - 15.0064.1 ROBERTS, CHAD 45.88 38.22 7,66 0310212002 57,19 - 50.4534,1 ROCKE, SEAN 57,19 26,68 30.51 02121/2002 34,12 - none 34,1982,1 RODRIGUEZ, RODGER 114.04 93,76 20,28 03120/2002 125,00 . none 14.4450,2 ROGERS. JACK & DENISE 77.46 44.50 32.96 03/1212002 36.79 - 2.47101 ROSE,DEANNA 105.66 56,00 49.66 03/1112002 57,32 - none 42.2404.1 ROSE, PHOEBE 98.41 60.92 37.49 02/1212002 100.00 - none 320434.1 ROTH, MARYBELLE 36.70 36,05 .65 03121/2002 29.06 - none 74,0418,1 ROWELL. LEE 54,58 53.49 1.09 04/1212002 72.64 - none 30800.3 ROWLEY, RICHARD 63,67 33,16 30.51 03115/2002 36,68 - 51.1318.1 R-TEC CORPORATION 179.74 92.29 87.45 01/3012002 65.81 - none 47.0060.2 RUBOSKY.ROSANN 93,87 35,61 29.13 29,13 0211312002 39,13- ... in Msg column indicates no Notice is to be sent CITY OF MERIDIAN Delinquent Account List- council Page: 12 Standard Payment Customers Apr 16,2002 01:38pm Current Period: 04/30/2002 No Delinquent Minimum AmountDelinquent Balance Last Pmt Last Pmt Cust No Name Balance Non-Delinq 02128/2002 01/31/2002 12/31/2001 Date Amount Msg 69,1076,1 RUPERT, DAVID & LAURIE 93,41 44.45 48,96 02/19/2002 110,00 - none 4.2070.1 RUSHTON, BOYO 90,34 44.51 45.83 03/02/2002 42,00 - none 1.1130.2 RUSSELL. ANDREW 120,84 63,66 57,18 02113/2002 57.18 - 22,1314.2 RUSSELL. CHARLES 55,29 54.63 .66 03/18/2002 49.00 - 37.3614.1 RW BUDGE LLC CONSTRUCTIOI 12.96 6,48 6.48 2,3180.1 RYAN, WALTER 59.45 33,16 26.29 03/14/2002 55.00 . none 74,3432,2 SAGER, LEE & NADEAN 33.14 30,51 2.63 03/26/2002 100,00 - 19,7156.1 SALAZAR, DANIEL 68,01 40.82 27,19 03/18/2002 30,00 - 69,0776,1 SANDMEYER, ERIC & OAWN 45.38 6.25 29.13 10.00 12/27/2001 122,94 - none 4.0548.2 SAUER, DAVID 93,87 35.61 29,13 29,13 01/15/2002 29.13 - 2.5680.1 SAXTON, CORY 63.67 33.16 30,51 02/19/2002 80,17 - none 42.2046,2 SAYLES, BRETT & JENNIFER 69.80 40.67 29.13 02/21/2002 32,96 - 19.6652,2 SCHELENE, VERNA 54,93 39.44 15.49 03/20/2002 40.00 - 65.0872.4 SCHILD. LES 28.68 19,97 8.71 03/18/2002 30,00 - 74,0382.2 SCHILDHAUER, YOULANDA 77.13 36.79 40.34 03/1912002 37,00 - 34.2122,1 SCHMIDT, GLEN 70.98 70.92 .06 03/20/2002 91.60 - none 21.1870.1 SCHOPPELREY. DOUGLAS & CA '45,68 40.62 5.06 04/12/2002 44.45 - none 37.4224.1 SCHROEOER ENT INC 17.82 6.48 6.48 4.86 40.0280.2 SCHUSTER, FORREST & DEBBIE 104,82 55.70 49,12 03/19/2002 60.00 - 3.0042.1 SCHWEND, LUVMINpA 70.48 49.57 20,91 03/18/2002 50.00 - none 50,3788.1 SCOTT, BRYCE & MICHELLE 53.36 26,68 26.68 02127/2002 26,68 - none 22,1636.4 SCOTT, CHUCK & TIFFANY 65,97 36.84 29,13 03129/2002 29,13 - 5,041'f.3 SCOTT, EDWIN & KATHY 82,56 48.22 34,34 03/2112002 40.51 - 4.2294.3 SCOTT, STEVEN & LORI 121.51 67.06 54.45 02120/2002 96.56 - 32,1346.1 SEBY AKIN. ANTHONY A 59.84 33,16 26.68 03/01/2002 53,36 . none 69,2262,1 SEDILLO, JOE 164,83 57.32 64.98 42.53 04/11/2002 53,75 - none 32.1578.1 SELDIN JR, STEVEN 38.24 38.22 ,02 04/10/2002 30,00 - none 74.2718.2 SELLS. DAVID 69.75 32,96 36,79 02/13/2002 36,79 - 42.2278.1 SHAFFER, CINDY 79.46 46,82 32.64 03[18[2002 33,00 - none 3,0844.1 SHELLI GODFREY 67.70 35.61 32.09 03/18/2002 40.00 - none 32.1348.6 SHEL TRON. ROGER 67.50 40.82 26,68 02/27/2002 26.68. 74,3242.1 SHEL TROWN, ROGER 123.37 59,77 63.60 03/11/2002 67.43 - none 42.2526.1 SHELTROWN, ROGER 64.70 64.60 .10 04/15/2002 62,12 - none 2,2180.1 SHEPARD, DUWAIN 89.08 49.56 39.52 02114/2002 100.00 - none 74,3960.1 SHERARD, BILL 81,24 36.79 44.45 03[19[2002 44.45 - none 2.4860.1 SHURTE, JAN 40,11 37.42 2.69 03/21/2002 33,54 - none 74,3096,1 SIGMOND, SERGIO 106.56 54.45 52.11 03120[2002 48.28 - none 2.2500.1 SilVA, JOSEPH 237.60 117.95 118,60 1,0,5 ' 03113[2002 103.00 . none 4,1632,1 SIMMONS, JOHN & JANA 81,29 40.67 40.62 03/1812002 40.62 - none 31.3028.2 SIMS, JERRY & MICHELLE 79,37 78.56 .81 03/2512002 68,00- 21.2836.2 SINGLETON, RODNEY 116.08 65.70 50.38 03/20/2002 64,00 - 31,0778.1 SIRAN1, JOSEPH A 74.53 63.38 11.15 04/15/2002 50.00 - none 21,2950,3 SITES, DAVID 172,39 87,30 85.09 03[15[2002 6lA3 - 50,0012.1 SMITH, PAUL H, 57,24 26.68 30.51 .05 03/18/2002 35,00 - none 31.3002.2 SMITH, STEVE 85.14 50.80 34.34 02/27/2002 34.34 - 690180.1 SNIDER, JERRY 63,71 49.35 14.36 03126/2002 46,00 - none 51.3090,3 SOLTAU, CYRIL 56,29 28,34 27.95 03/19/2002 25,00. 34,0726.4 SOMSEN. GAYLENE 285,63 161,64 107,11 16,88 32.1576,1 SON, SHELLlE 5964 36,99 22,65 03/18/2002 40.00 - none 50.2382.2 SPARKS, BRIAN 84,00 42,00 42.00 03/15/2002 49.66 - 2,3430.1 SPEARS. BRYCE J, 71.79 45.74 26,05 0410212002 65.00 - none 74.2594,1 SPJUTE. CARL & DEANNA 83.99 40,62 43,37 03112/2002 80,00 - none 20,2999 1 SPRINKLER - BRENDA ESTATES 143.12 143,12 74.2428.4 SPRONG, RICHARD 71.82 34,34 37.48 03118/2002 46.00. 56.0004.1 ST. LUKES REGIONAL MEDICAL 7,757,54 2.434.34 2,688.43 2,621.10 13.67 03/19/2002 2.688.43 . none .... in Msg column indicates no Notice is to be sent ( CITY OF MERIDIAN Delinquent Account List- council Page: 13 Standard Payment Customers Apr 16,2002 01:38pm Current Period: 04/30/2002 No Delinquent Minimum AmountDelinquenl Balance Last Pmt Last Pmt Cust No Name Balance Non-Delinq 02/28/2002 01/31/2002 12/31/2001 Date Amount Msg 3,0426.2 STAGGERS, PERRY 87.72 43,27 44.45 02/21/2002 40,62 - 32.1598.2 STAGGS, DUKE 67.50 36,99 30.51 03104/2002 26.68 - 2.4520.2 STEBBINS, JODIE 102.15 46.97 55.16 03/20/2002 45.00 - 22,1046,1 STEINER, THURSTON 116.08 62.14 55,94 03/18/2002 52e 11 - none 40.0292.2 STEITZ, WILLENE 177.68 89,84 67,84 03/19/2002 36.68 - 31.0190.2 STEPHEN. DEBORAH 86,51 52.17 34,34 03/19/2002 34.34. 31,1002.2 STETSON HOMES INC 105.60 44.65 61.15 02/27/2002 61,15. 2.5400.3 STEVENSON, SHAUN & JANETTI 75,02 36.85 38.17 02/11/2002 30.51 - 46.0100,2 STEWART, LARRY & RONDA 81.29 44.50 36,79 03/05/2002 38,17 - 5,0416.1 STIEF, PATTY 135.42 78.41 57.01 03/20/2002 41.02 - none 33.3564,1 STREET, ALLEN 46.19 19.51 26.68 02/13/2002 26,68 . none 13,6462.3 SUNRISE ESTATES 70.99 40.87 29.13 1.19 31,3468.2 SUTTON Ill, DONALD 78,85 40,68 38,17 03/01/2002 38,17. 69.1278.1 T C MILLER 111.84 50.62 61,22 03/21/2002 53,00 - none 2,3370.2 TALBOTT, BYRON 98e97 53.14 45.83 03/20/2002 53,36 - 74.2698.2 TAYLOR, DARRELL 53.36 26.66 26.68 02/21/2002 5336 - 3,0418.1 TEAGUE, RON & JANET '28.10 28.10 11/15/2001 27,91 - none 21.1064,1 TEASLEY, RICHARD & LINDA 76.25 41.91 34.34 02127/2002 30.51 - none 50.1020,1 TECO INVESTMENTS 29.82 26,68 3.14 03/18/2002 50.00 - none 33,0056.1 TEL-CAR INCe 806,74 47.00 180,80 580,94 10/24/2001 322.22 - none 14.5003,2 TENNEY, STEVEN 64.74 35.61 29.13 02112/2002 58.26 - 69,0140.1 TENNYSON, OWEN 81.24 36.79 44.45 03/05/2002 46.28. none 2,1190.1 TERRELL, A 52.02 50.68 1.34 03/28/2002 65,00 . none 34.1826.1 THAMES, DAVID & SUSANNE 73.79 39.45 34.34 02113/2002 15.53 - none 32,1558.3 THOMPSON,GARY 56.13 34,39 21,74 02/22/2002 40,00 - 50.2110,2 THOMPSON,RHONDA 87e83 53.49 34,34 02/21/2002 38,17. 1,1950.1 THORNE, TORY 244,07 134.90 109,17 03/19/2002 100,00 - none 1.1940.1 THORNE, TORY L 170,10 100.30 69.79 ,01 03/19/2002 65.95 - none 21,2768,2 THURBER, RICHARD 107.96 48.19 52.11 7,66 03/19/2002 36.79. 19.4458.4 THURBER, RICK 86.52 33.16 26.68 26.66 01/22/2002 71,16 - 69.0226,1 TIMA, KAREN 136,97 59.77 63.60 13.60 03/20/2002 50.00 . none 2.2200.3 TODD, RICK 59.84 33,16 26,66 03/18/2002 26,68 - 74.2520.1 TOLAND, DAVID 59,18 29.13 30.05 03105/2002 42.96 - none 32.0796.1 TOLMAN,STEPHEN 82.68 44,51 38e17 02/22/2002 38.17 - none 35.0423,2 TOMASZEWSKI, HELENE 81.45 43,28 38.17 03/18/2002 38.17 - 74,2620,1 TORRES, PABLO 58,26 29,13 29.13 02/15/2002 29,13. none 42,2714.2 TOWNSEND, DAVE & JOYCE 129.87 64,89 64.98 02/08/2002 56,98 - 2.3510,1 TRAVIS, HANSEN 61.07 51.37 9,70 03/13/2002 82.40 . none 25.4090,1 TUSCANY HOMES 46.12 33.16 6,48 6.48 25,4026.1 TUSCANY HOMES 46,12 33.16 8.48 6.48 25.4524.1 TUSCANY HOMES 103.00 36.68 28,68 26.68 12,96 25.4526.1 TUSCANY HOMES 75,67 44.65 24.54 6.48 25.4532.1 TUSCANY HOMES 46.12 33,16 6.48 6.48 25.4052.1 TUSCANY HOMES 112.12 36.68 26.68 26.68 22.08 01104/2002 17.56 - 25.4068.1 TUSCANY HOMES INC. 103.00 36,68 26.68 26.68 12.96 25.4010.1 TUSCANY HOMES INC. 103.00 36,66 26.68 26,68 12.96 25.4042.1 TUSCANY HOMES INC. 103eOO 36,68 26,66 26,66 12.96 34,2104.1 TYLER, HEIDI 106.63 50,80 55.83 03/19/2002 47e83 - none 2.6640 1 UGARRIZJI., JOHN 66.13 39.45 26.68 02/20/2002 3437 - none 74.2876,1 USSERY, TRACY 90,71 55.94 34.77 04/15/2002 35,00 - none 2.4840.4 VALESKO, DONALD 59,52 33.16 26.36 . 03/13/2002 27 DO - 20,3218,1 VALLI BUILDERS 59,84 33,16 26.68 03/11/2002 26.68. 20.1662,1 VANPAEPEGHEM, JACK A 32,66 32.36 ,30 03/11/2002 25.88 - none 42,2500,2 VANSICKLE, LARRY & TRUDY 72,56 38,22 34.34 02/27/2002 42.00 - 31,2304.4 VARIN, ANDREW 63.67 33.16 30,51 02/19/2002 61.02 - ... in Msg column indicates no Notice is to be sent CITY OF MERIDIAN Delinquent Account Lisl- council Page: 14 Standard Payment Customers Apr 16,2002 01:3gpm Current Period: 04/30/2002 No Delinquent Minimum AmountDelinquent Balance Last Pm! Last Pmt Cust No Name Balance Non-Delinq 02/28/2002 01131/2002 12/31/2001 Date Amount Msg 21.1032.1 VELADA, FEDERICO 84,86 51.90 32.96 03/20/2002 36.79 - none 33,2578.1 VERKUYLEN,AD 75.02 40.68 34.34 02/19/2002 67.19 - nane 31.2224.1 VERNON, ELAINE A 82.82 33.16 49,66 02/27/2002 53.49 - none 2.1860,3 VICTORY, CHRISTOPHER 48.07 38.07 10,00 03104/2002 102.71. 6.1991.1 VIENNA WOODS HOA - SPRINKL 22.68 16.20 3.24 3.24 03/21/2002 3.24. 21.0080.1 VINCENT, SPARKY 82.61 35,61 29.13 17,87 03/13/2002 50.67 - none 7,1052,1 VlNEYARD, JAMES 112.76 112.76 07/18/2001 67.52 - none 50.3742.2 VNUK, JOHN 91.66 42.00 49.66 04/01/2002 42.00 - 1.2310.2 WALKER, BETTE 99.42 52.02 47.40 03/19/2002 45.00 - 34.2734.1 WALL. MIKE 83,87 26.68 30.51 26.68 02/04/2002 26.68 . none 46.0860.2 WALMER, TAMMY JO 66,36 38,07 28.29 02119/2002 45.00 - 32,1306.2 WALSH, DAVID & CARA 91,29 44,50 46,79 03/19/2002 32.96 - 1.3340.1 WALSH, RON 136.52 136.52 01/16/2002 29,17 - ".nane 22.1734.1 WALTERS, J, SCOTT 94.17 52,17 42.00 02/12/2002 94.00 - none 1.0460.3 WARDLE, JOHN & CHERYL 55.50 30,99 24.51 01/14/2002 87.47 - 21.2698.1 WARREN, WESLEY 87.74 49,57 38.17 02/12/2002 38,17. none 22.1594.1 WASDEN, NICHOLAS '84.98 44.36 40.62 02119/2002 92,25 - none 34.2832.1 WASDON, JOHN 63.67 33,16 30.51 02/22/2002 26.68 - none 74.3052.1 WATSON, JASON 101.85 36.79 40.62 24.44 04/01/2002 65,00 - none 20,0476,1 WAYNE & SANDY HOOVER 103.00 36.68 26,68 26.68 12.96 3,0100.1 WEATHERMON, TINA 87,11 41.90 44.45 .76 03/18/2002 39,00 . none 4.0854.1 WEBB, DARRELL 64.74 35.61 29,13 03/11/2002 29.13 - none 2.6080.1 WEBB, GERALD 64,74 35,61 29.13 02115/2002 27,75 - none 74.3544,2 WEBBER, DAVID 53,36 26.68 26,68 02/15/2002 26.68 - 21,2192.3 WEBER. THOMAS 118.24 64.75 53,49 02115/2002 57.32 - 22.1466.1 WELCH, RODNEY 105.24 50.79 54,45 02/20/2002 88.90 - none 21,1968.6 WELDIN, TAMMY 64.90 34,39 30,51 02/19/2002 15,19 - 1,1110.2 WEST, JONI 39,73 33.16 6,57 04/05/2002 30.51 - 42,2284,1 WESTBY, KENNETH & LAURETT 44.36 40,53 3.83 04/08/2002 29.13 - none 22.2408.1 WESTROCK HOMES 171.74 36.68 6,48 128.58 6.9214.1 WESTROCK HOMES. INC. 19.44 12.96 6.48 34.3318.1 WHALEN, SEAN 104.43 50.94 53.49 03/05/2002 53.49 - none 50.3890.1 WHIPPLE, JEFF 28,36 26.68 1.68 04103/2002 25,00 - none 74.0064.2 WHITSITT, JOSEPH 68,68 30,51 38.17 03/08/2002 38.17 . 5,0792.1 WICK, DON 100.30 48,19 52.11 03/19/2002 52.11 - none 33.2392,1 WIDMAN. WENDY 36.99 33.16 3,83 03/06/2002 61,02 - none 50.2132.1 WILCH, PAUL 59,21 26.68 26.68 5.85 02/04/2002 26,98 - none 52,0262.1 WILD SHAMROCK LLP 642.64 316,32 326.32 02127/2002 582,42 - none 69.1304.1 WILDE, KENNETH 179.10 55.94 109.56 13,60 03/19/2002 60,00 - none 74,3506,4 WILFORD, JOHN 68.68 30,51 38,17 02113/2002 26.68 - 50.2302,1 WINTERTON, DARIN 76.34 45.83 30.51 03/18/2002 40.51 . none 74.0094,3 WINWOOD. RANDY & CATHY 144.75 6498 79.77 03/19/2002 77.00. 1,2010,1 WISDOM, RICK S 78,85 44,51 34.34 02/13/2002 30,51 - none 69,1152.1 WISKUS. JOHN E 72.51 34,34 38.17 02/15/2002 34,34 - none 4,0896.1 WITHERELL, ROBERT 86.52 33,16 26.68 26.68 01/10/2002 54,59 - none 3.0026,2 WOLIN, DALE 85,28 43.28 42.00 02119/2002 28.00 - 69,0778,1 WOOD. BRADLEY 58.26 29.13 29,13 02121/2002 58.26 . none 32.4790,1 WOODBRIDGE COMMUNITY LLC 217.92 134,88 83,04 02122/2002 37.68 - 13,2072.1 WOODHOUSE, PETER 81.65 51.90 29.75 03/20/2002 50.00 - none 31.3344,1 WOODRUFF, NOEL R 131.05 66,93 64.12 03/20/2002 61,00. none 19.7176.1 WOODS, DAVID 104,13 59,68 44,45 . 02/19/2002 100.39 - none 1.1 000.2 WRIGHT. BRANDON 59.84 33,16 26,68 02113/2002 26.68 - 74.3814.3 WUEBBENHORST, JED 50,87 36,79 14,08 04/0212002 30.00 - 33,2382.5 YAMAMOTO. KRISTINE 159,42 33,16 126,26 03/13/2002 133,92 - 74,3348.4 YEATTS, PAMELA 68.81 53.49 15.32 04/11/2002 53.49 - ..~ in Msg column indicates no Notice is to be sent CITY OF MERIDIAN Delinquent Account List- council Page: 15 Standard Payment Customers Apr 16,2002 01:39pm Current Period: 04/30/2002 No Delinquent Minimum AmountDelinquent Balance Last Pmt Last Pmt Cust No Name Balance Non-Delinq 02/2812002 01/31/2002 12/31/2001 Date Amount Msg 22,0814.1 YELVERTON, MARC 139,57 46.84 32.96 59.77 01/14/2002 76.32 - none 2.0650,2 YOUNG. AUSTIN L 59.33 30.99 28,34 02119/2002 24.51 - 2,0680,1 YOUNG, AUSTIN L 142.12 44.80 61,32 36,00 03/04/2002 43.66 - none 50.3740,1 YOUNG, DARON 61.02 26.68 34,34 02108/2002 30.51 - none 20,1862.1 YOUNG, DOUG 102.76 44.50 29,13 29.13 01/29/2002 54.45 - none 34.2766.1 YOUNG, TOM 60.69 52.02 8.67 0211512002 150.00 . none 50.2338.2 YOUNGER, RUSSELL 53.36 26,68 26.68 03/0512002 26.68 . 68,0042.2 YSURA. JOSE 36.79 29,13 7.66 04/08/2002 29.13 . 51.3110.2 ZEIMER, DALLENE 36.32 24,51 11.81 04109/2002 50,00 - 20,1508.1 ZELLER, CORI 114.25 65.97 48.28 03/18/2002 55,94 - none 20.0210.1 ZIEMER, DARLENE 99,09 53.26 45.83 03/07/2002 38.17 - 51.3082,2 ZIEMER, DARLENE 49.02 24.51 24,51 03/07/2002 24.51 - 46,0446.1 ZIMMERMAN, WILLIAM 56,16 55.86 .30 04/03/2002 45.83 . none Grand Totals: 87,723,07 40,218.64 32,320.65 6,150,94 9,032,84 Report Criteria: Terminated customers not included Customer,Cus! No '" (<l 9900000 ..~ in Msg column indicates no Notice is to be sent LL LL 0 I- ::;J :c IJ) ...J <( ::;J I- U <( ...J U Z ::;J 0 U 0 l- I- Z W ~ LL U. 0 I- ::;J :c IJ) ...J <( ::;J I- U <( :::! u z ::;J 0 U 0 l- I- Z W :s: u. LL 0 I- ::;J :c IJ) ..J <( ::;J I- U <( ...J (3 Z ::;J 0 U 0 t"- (") 0 t"- t"- "'" ro t"- O ro "'" I- "'" l!) l!) t"- O> l!) N "'" CO OJ 0 I- '<'" ~ CO t"- cD cD cD N l!) l!) to Z 'It W ~ :c 0:: I- 0:: 0:: Z >- W 0 0:: W W >- 0:: .t: .t: III 2 w III III 0:: <( ~ 0 I- 2 III 2 2 <( ::;J :c '<'" N IJ) W ...J 0 W l.U ::;J 0:: U ..J W W >- ;:J I- ~ I- > U Z III 0:: n:: >- z Z ..J (!) a. ~ u 0 w <( w <( a. <( ::;J ::;J ::;J ::;J l.U 0 t 0 z c -.. LL 2 <( 2 -.. -.. -.. <( en I- LL LL o z a:: ::l I- o Z BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF MARVIN AND VIOLET WERTH, THE APPLICATION FOR ANNEXATION AND ZONING OF 1.14 ACRES, LOCATED AT 2150 S. LOCUST GROVE, MERIDIAN; tPAHO C/C 04-02-02 ) ) ) ) ) ) ) ) ) Case No. AZ-02-00 I FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING The above entitled annexation and zoning application having come on far public hearing on December 4,2001, at the hour of 6:30 p.m., and Shari Stiles, Planning and Zoning Administrator, appeared and testified, and no one appeared in opposition, and the City Council having duly considered ~he evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION 'FOR ANNEXATION AND ZONING; BY MARVIN AND VIOLET WERTH / (AZ-02-001) Page 1 FINDINGS OF FACT I. The notice of public hearing on the application for annexation and zoning was published for two (2) consecutive weeks priar to said public hearing scheduled for April 2, 2002, before the City Council, the first publication appearing and "vritten notice having been mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property under consideration more than fifteen (IS) days prior to said hearing and with the notice of public hearing having beel: posted upon the property under consideration more than one week befo~e said hearing; and that copies of aU notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the April 2, 2002, public hearing; and the applicant, affected property owners, and government subdivisions providing services ,vithin the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code ss 67-6509 and 67-6511, and Meridian City Code ss 11-15-5 and 11-16-1. 3. The City Council takes judicial notice of its zqning, subdivisioi1s' and development ordinances codified at Titles II and 12, Meridian City Code, and all current zoning maps thereof, and the Comprehensive Plan of the City of Meridian FINDINGS OF FACT AND CONCLUSIONS OF LAW- AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY MARVIN AND VIOLET WERTH / (AZ-02-00 1) Page 2 adopted December 21,1993, Ordinance No. 629, January 4,1994, and maps and the ordinance establishing the Impact Area Boundary. 4. The property which is the subject of the application for annexation and zoning is described in the application, and by this reference is incorporated herein as if set forth in fulL 5. The property is approximately 1.14 acres in size and is located at 2150 S. Locust Grove Road, Meridian, Idaho. 6, The owner of record of the subject property is Marvin and Violet Werth of Meridian, Idaho. 7. Applicant is owner of record, 8, The property is presently zoned by Ada County as R-1, and consists of a single family home. 9, The Applicant requests the property be zoned as R-4. 10. The subject property is bordered to the north, south and east by Ada County zoning R-I and R-4 zoning to the east and west. 11. The property which is the subject of this application is within the Area of Impact of the City of Meridian, 12, 'The entire parcel of the property is included within the Meridia11 Urban Service Planning Area as defined in the Meridian Comprehensive Plan. 13. The Applicant has no plans to develop the subject property but agreed FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY MARVIN AND VIOLET WERTH / (AZ-02-00 1) Page 3 to annexation after receiving City services. 14. The Applicant requests zoning of the subject real property as R-4 which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Single Family ResidentiaL IS. There are no significant or scenic features of major importance that affect the consideration of this application. 16. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction, public facilities and services required by the proposed development vvill not impose expense upon the public if the follovving conditions of development are imposed: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. Applicant shall not be required to enter into a Development Agreement vvith the City as a condition of annexation. 2. All future development of this property shall be in conformance with the most recently adopted Zoning Ordinance at the time of re-development. 3. A sidewalk, in accardance vvith the Meridian City Code shall be required along Locust Grove when the property is re-developed. Adopt the Recommendations of the ACHD as follows: Special Recommendations to City of Meridian: 1, Pursuant to the Clean Air lawsuit settlement agreement private roads/driveways FINDiNGS OF PACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY MARVIN AND VIOLET WERTH / (AZ-02-00 1) Page 4 approved with any development should be paved their entire length, and notification given to DEQ. If the rezone is approved and the District receives a development proposal, the District intends to provide the following requirenlents, in addition to any additional requirements that may apply upon District review of future development, to the City of Meridian: Site Specific Requirements: I. Dedicate 45-feet of right-of-way from the centerline of Locust Grove Road abutting the parcel by means of recordation of a final subdivision plat ar execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. 2. Construct a 5-foot Wide concrete sidewalk on Locust Grove Road located 2-feet within the right-of-way. Coordinate the location and elevation of the sidewalk with District staff. 3. The applicant should be required to locate any proposed driveway or private road to align or offset a minimum of 230-feet (based on speed limit of 45-mph) from any existing or proposed driveway or street. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. 5. Meet District drainage requirements per section 8000 of the ACHD Development Policy Manual. 6. If utility relocation is necessary to construct improvements required with this development, then all utility relocation costs associated with improving street frontages abutting the site should be borne by the developer. 7. Any existing irrigation facilities should be relocated outside of the right-of-way. 8. The applicant shall be required to pave the driveway to its full-required width and to a point 30-feet beyond the edge of pavement of Locust Grove Road with 15- foot curb radii pavement tapers abutting the existing roadway edge. FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY MARVIN AND VIOLET WERTH / (AZ-02-001) Page 5 9, The applicant shall be required to pave a private roadway a minimum of 24-feet wide and at least 30-feet into the site beyond the edge of pavement of Locust Grove Road and install pavement tapers with 15~foot radii abutting the existing roadway edge. The applicant should provide a plan showing how the private road grade meets the public road, District Policy requires a design approach speed of 20 MPH and a maximum intersection approach grade of 2% for at least 40-feet. Street name and stop signs are required for the private road. The signs may be ordered through the District. Verification of the correct, approved name of the road is required. 10, ACHD does not make any assurances that a private road will be accepted as a public road if such a request is made in the future. Substantial redesign and reconstruction costs may be necessary in order to qualify this road for public own.ership and maintenance, II. The following requirements must be met if the applicant wishes to dedicate the roadway" t9 ACHD: ~ Dedicate a minimum of 50~feet of right-of-way for the road. ~ Construct the roadway to the minimum ACHD requirements. 12. In accordance with District policy, stub streets to the undeveloped parcels abutting this site may be required upon review of a future application for this site, 13, As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. 14. Applicant shall also comply with ACHD's Standard Requirements listed in their January 18, 2002 report. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. That a 'fire-flow of 1,000 gallons per minute be available to service the entire project. Fire hydrants shall be placed an average of 400' apart. 2. Operational fire hydrants and temporary or permanent street signs are required befare combustible construction beings. FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION 'FOR ANNEXATION AND ZONING/ BY MARVIN AND VIOLET WERTH / (AZ-02-00 I) Page 6 3. Acceptance of water supply for fire protection is contingent upon acceptance of the water system by the City of Meridian for water quality. 4. Final approval of fire hydrant locations shall be by the Fire Department. 5. All radii shall be 28' inside and 48' outside radius. 6. Insure that all yet undeveloped parcels are maintained free of combustible vegetation per 1103.2.4 of the UFC. 7. Provide an approved turn around for any road greater than 150' long, 17. It is found that if the developer pays for the requested improventents and complies with the 'cOliditions set forth in these Findings of Fact No. 16, and all sub~parts, the eC?110mic welfare of the City and its residents and tax and rate payers will be protected. 18. It is also found that the development considerations as referenced in Finding No. 16 are reasonable to require and must be taken into account, in order to assure the proposed development is designed, constructed, operated and maintained in a manner which is harmonious and appropriate in appearance with the existing, or intended character of the general vicinity, in order to assure that the proposed use will not change the essential character of the affected vicinity and will insure that the proposed uses 'will not be hazardous or disturbing to the existing, or future neighboring uses, particularly considering the impact of proposed development on potential to produce excessive traffic, noise, smoke, fumes, glare and odors. FINDiNGS OF FACT AND CONCLUSIONS OF LAW ~ AND DECISION AND ORDER GRANTING APPLICATION 'FORANNEXATION AND ZONING/ BY MARVIN AND VIOLET WERTH / (AZ-02~00 1) Page 7 17, It is found that the zoning of the subject real property as Low Density Residential District (R-4) requires connection to the Municipal Water and Sewer systems and will be compatible with the Applicant's development intentions, and will assure that the zoning is consistent vvith the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Single Family Residential. 18. The subject annexation request and zoning designation and proposed development relates and is compatible to the goals and policies of the Comprehensive Plan of the City as follows: 18.1 The' consideration of the provisions of the Comprehensi17e Plan and the requirements of the zoning ordinance assure that the processing of such application is the management oj growth with the aim to achie17e high-quality development. Enhancement oj Meridian's quality oj life for all residents is achieved by applYing the criteria oj the Conlprehensive Plan and the zoning ordinance of the City to all applications such as the subject application. 18.2 This proposed new growth development will finance public senJice e:rpansion by the requirement herein that the applicant complY with the requests submitted oj the political subdivisions responses within the Meridian Urban SerJlice Planning Area subnlitted in the record of this matter. 18.3 The application is consistent with Meridian's selfidentity. 18.4 The presel1Jation and imprOIJement of the character and qualiry of Meridian's man-made elt17ironment while maintaining its identity as a selfsliffi~ient '. community is achieJled by applYing the critClia oj the Coniprehensi17e Plan and the zoning ordinance oj the City to the subject application. 18,5 C07npliance with the requests of the political subdiJlisions pro17iding services, assures that community sel1Jices are being provided for existing and projected FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION . FOR ANNEXATION AND ZONING; BY NlARVIN AND VIOLET WERTH; (AZ-02-001) Page 8 needs and that the land use patterns of the City are balanced to insure that revenues pay for services and that the Urban Sel1Jice Planning Area is visually attractive, ejJicient[y managed and clearly identifiable. 18.6 Compatible and ejJicient use of land through innolJatiJJe and functional site design is achieJJed by applYing the criteria of the ComprehensiJJe Plan and the zoning ordinance of the City to the subject application. 19. The property can be physically serviced with City water and sewer, and Applicant has requested such services. CONCLUSIONS OF LAW 1. The City of Meridian has authority to annex real property upon written request for annexation and the real property being contiguous or adjacent to city boundaries and that said property lies within the area of city impact as provided by Idaho Code Section 50-222. The Meridian City Code S 11-16 provides the City may annex real property that is within the Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan. 2. The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 3. The City of Meridian has exercised its authdrity and responsibility as provided by "Local Land Use Planning Act of 1975', codified at Chapter 65, T~tle 67, Idaho Code by the adoption of 'Comprehensive Plan, City of Meridian, adopted December 21, 1993, Ord, No. 629, January 4, 1994.' 4, The following are found to be pertinent provisions of the City of FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION , FOR ANNEXATION AND ZONING/ BY MARVIN AND VIOLET WERTH / (AZ-02-00 1) Page 9 Meridian Comprehensive Plan and are applicable to this Application: 4.A The Goals of the Comprehensi1Je Plan are set forth at Page 5 and include: 4.1 To preserve j'vIeridian's el't1Jiromnental quality and to make provisions for and impro1Je the total natural enviromnent by adopting City-livide and Urban Service Planning Area policies, which deal with area-specific policies and programs. 4.2 To ensure that growth and deJJelopment occur in an orderly fashion in accordance with adopted policies and procedures govel7ling the use of land, residential development the pro1Jisiol1 of services and the distribution of new housing units within the Urban Serllice Planning Area. 4.3 'To encourage the kind if economic growth and development which supplies employment and economic self-sufficiency for e-l1sting and future residents, reduces the present reliance on Boise and strengthens the City's ability to finance and implement public improvements, services and its open space character. 4,4 To provide housing opportunities for all economic groups within the c01Jllnunity. 4,5 To preserJJe and improlle the character and quality if Meridian's man-made eJt1Jironment while maintaining its identity as a self sufficient c07nmunity. 4.6 To encourage cultural, educational and recreational facilities which will fill the needs and priferences of the citizens of MeJidian and to insure that these facilities are aJJailable to all residents of the City. 4.7 To proJJide community sel1Jices to fit existing and ptojected needs. 4.8 To establish compatible and efficient use if land thrmtgh the use of inno1Jati1Je and junctional site design. . 4.9 To encourage a balance of land use patterns to insure that revenues pay for seITiees. FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION , FOR ANNEXATION AND ZONING/ BY MARVIN AND VIOLET WERTH / (AZ-02-00 1) Page 10 4.10 To create an Urban SerJlice Planning Area which is lJisual{y attractille, ifficient{y managed and clearlY identifiable. 5. The zoning of Low Density Residential District (R-4) is defined in the Zoning Ordinance at s 11-7 -2 C as follows: (R-4) Low Density Residential District: Only single-family dwellings shall be permitted and no conditional uses shall be permitted except for planned residential development and public schools. The purpose of the R-4 District is to permit the establishment of low density single-family dwellings, and to delineate those areas where predominantly residential development has, or is likely to occur in accord vvith the Comprehensive Plan of the City, and to protect the integrity of residential areas by prohibiting the intrusion of incompatible nonresidential uses. The R-4 District allows for a maximum of four (4) dwelling units per acre and requires connection to the Municipal water and sewer systems of the City. 6. Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. See Burt vs. The City of Idaho Falls, 105 Idaho 65, 665 P2d 1075 (1983), 7, The development of the annexed land, if annexed, shall meet and comply vvith the Ordinances of the City of Meridian including, but not limited to: Section 12-2- 4 which pertains to development time schedules and requirements; Section 12A-13, which pertains to the piping of ditches; and Section .12-5-2 N, which pertains to pressurized irrigation systems. 8. The development of the property shall be subject to and controlled by the Zoning and Subdivision and Development Ordinances of the City of Meridian. 9. Section 11-16-4 A of the Zoning and Development Ordinance provides in FINDINGS OF FACT AND CONCLUSIONS OF LAW- AND DECISION AND ORDER GRANTING APPLICATION 'FORANNEXATION AND ZONING! BY MARVIN AND VIOLET WERTH! (AZ-02-001) Page II part as follows: If property is annexed and zoned, the City may require or permit, as a condition of the zoning, that an owner or developer make a written conUllitment concerning the use or development of the subject property. If a commitment is required or permitted, it shall be recorded in the office of the Ada County Recorder and shall take effect upon the adoption of the ordinance annexing and zoning the property, or prior if agreed to by the owner of the parcel. Unless the commitment is modified or terminated by the City Council, the commitment shall be binding on the owner of the parcel, each subsequent owner, and each other person acquiring an interest in the property. A commitment is binding on the owner of the property even if it is unrecorded; however, an unrecorded commitment is binding on subsequent owners and each other person acquiring an interest in the property only if the subsequent owner and each other person acquiring an interest in the property has actual notice of the commitment. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does Order: 1. The applicant's request for annexation and zoning of approximately 1.14 acres to Low Density Residential District (R-4) is granted subject to the terms and conditions of this Order hereinafter stated. 2, The application is for annexation and zoning of 1.14 acres, The legal description shall be prepared by a Registered Land Surveyor, Licensed by the ~tate of Idaho, and shall confarm to all the provisions of the City of Meridian Resoludon No. 158. The legal description for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686. FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION 'FOR ANNEXATION AND ZONING/ BY MARVIN AND VIOLET WERTH / (AZ-02-00 1) Page 12 3. That the annexation and zoning of the subject property is subject to the following conditions which shall govern Administrative Staff review and approval of development permits required far the development of this property, as follows, to-wit: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. Applicant shall not be required to enter into a Development Agreement with the City as a condition of annexation. 2. All future development of this property shall be in conforn\ance with the most recently adopted Zoning Ordinance at the time of re-developnl.ent. 3. A sidewalk, in accordal'lce with the Meridian City Code shall be required along Locust Grove when the property is re-developed. Adopt the Recornmendations of the ACHD as follows: Special Recommendations to City of Meridian: 1. Pursuant to the Clean Air lawsuit settlement agreement private roads/driveways approved with any development should be paved their entire length, and notification given to DEQ. If the rezone is approved and the District receives a development proposal, the District intends to provide the following requirements, in addition to any additional requirements that may apply upon District review of future development, to the City of Meridian: Site Specific Requirements: 1. Dedicate 45-feet of right-of-way from the centerline of Locust Grove Road abutting the parcel by means of recordation of a final subdivision' plat or execution of a warranty deed prior to issuance of a building permit (ar other required permits), whichever occurs first. 2. Construct a 5-foot wide concrete sidewalk on Locust Grove Road located 2-feet FINDINGS OF FACT AND CONCLUSIONS OF LAW - .A.J\JD DECISION AND ORDER GRANTING APPLICATION 'FOR ANNEXATION AND ZONING/ BY MARVIN AND VIOLET WERTH / (AZ-02-00 1) Page 13 within the right~of-way. Coordinate the location and elevation of the sidewalk with District staff. 3. The applicant should be required to locate any proposed driveway or private road to align or offset a minimum of 230-feet (based on speed limit of 4S-mph) from any existing or proposed driveway or street. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. S. Meet District drainage requirements per section 8000 of the ACHD Development Policy Manual. 6. If utility relocation is necessary to construct improvements required with this development, then all utility relocation costs associated with improving street frontages abutting the site should be borne by the developer. 7. Any e;9sting irrigation facilities should be relocated outside of the right-of-way. 8. The applicant shall be required to pave the driveway to its full-required width and to a point 30-feet beyond the edge of pavement of Locust Grove Road with lS- foot curb radii pavement tapers abutting the existing roadway edge. 9. The applicant shall be required to pave a private roadway a minimum of 24-feet wide and at least 30-feet into the site beyond the edge of pavement of Locust Grove Road and install pavement tapers vvith IS-foot radii abutting the existing roadway edge. The applicant should provide a plan showing how the private road grade meets the public road. District Policy requires a design approach speed of 20 MPH and a maximum intersection approach grade of 2% for at least 40-feet. Street name and stop signs are required for the private road. The signs may be ordered through the District. Verification of the correct, approved name of the road is required. 10, ACHD does not make any assurances that a private road will be accepted as a public road if such a request is made in the future, Substantial redesign and reconstruction costs may be necessary in order to qualify this road far public ownership and maintenance. FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION 'FOR ANNEXATION AND ZONING/ BY MARVIN AND VIOLET WERTH/ (AZ-02-001) Page 14 11. The following requirements must be met if the applicant "vishes to dedicate the roadway to ACHD: >- Dedicate a minimunt of 50-feet of right-of-way for the road. >- Construct the roadway to the minimum ACHD requirements. 12. In accordance with District policy, stub streets to the undeveloped parcels abutting this site may be required upon review of a future application for this site. 13. As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. 14. Applicant shall also comply with ACHD's Standard Requirements listed in their January 18, 2002 report. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: . . 1 That a fire-flow of 1,000 gallons per minute be available to service the entire project. Fire hydrants shall be placed an average of 400' apart. 2 Operational fire hydrants and temporary or permanent street signs are required before combustible construction beings. 3 Acceptance of water supply for fire protection is contingent upon acceptance of the water system by the City of Meridian for water quality. 4 Final approval of fire hydrant locations shall be by the Fire Department. 5 All radii shall be 28' inside and 48' outside radius'. . 6 Insure that all yet undeveloped parcels are maintained free of combusti~le vegetation per 1103.2.4 of the UFC. 7 Provide an approved turn around for any road greater than ISO' long. 4. The City Attorney shall prepare for consideration by the City Council FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION 'FORANNEXATION AND ZONING/ BY MARVIN AND VIOLET WERTH / (AZ-02-001) Page IS the appropriate ordinance for the annexation and zoning designation of the real property which is the subject of the application to (R-4) Low Density Residential District, and Meridian City Code S 11-7-2 C. .. 5, Subsequent to the passage of the Ordinance provided for in section 4 of this Order the engineering staff of the Public Works Department shall prepare the appropriate m.apping changes of the offkial boundaries and zoning maps as provided in Meridian City Code S 11-21-1 in accordance with the provisions of the annexation and zoning ordinance. FINDINGS OF FACT AND CONCLUSIONS OF LAW- AND DECISION AND ORDER GRANTING APPLICATION ,FORANNEXATION AND ZONING! BY MARVIN AND VIOLET WERTH! (AZ-02-001) Page 16 NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian. Pursuant to Idaho Code s 67-6521 an affected person is a person who has an interest in real property which may be adversely affected by the issuance or denial of the annexation and zoning and who 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. /6fA. By action of the City Council at its regular meeting held on the ( - day of ~~> ,2002. ROLL CALL COUNCILMAN KEITH BnID VOTED$?-- COUNCILWOMAN TAMMY deWEERD VOTED~ COUNCILWOMAN CHERIE McCANDLESS VOTED~U COUNCILMAN WM. L M. NARY VOTED---fj2'- ---- MAYOR ROBERT D, CORRIE (TIE BREAKER) DATED: +-! 6 .-() 2- VOTED MOTION: n.~ , APPROVE~ DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION , FOR ANNEXATION AND ZONING/ BY MARVIN AND VIOLET WERTH / (AZ-02-00 I) Page 17 Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and the City Attorney. BY~~~~ City Clerk Dated: ~-ll/0Z- Z:\ W ork\M\Meridian\Merid inn l5360M\ Werth Marvin AZ02-00 I \AZFfClsOrder.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION ,FOR ANNEXATION AND ZONING; BY MARVIN AND VIOLET WERTH; (AZ-02-001) ~~; if ~~' ~!~. . Page 18 April 12, 2002 Department Reports MERIDIAN CITY COUNCIL MEETING April 16, 2002 APPLICANT Public Works Department -- Gary Smith ITEM NO. 1--13 -I REQU EST Tabled from April 2, 2002: White Drain Sewer Trunk -- Award of Construction Contract 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: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS JRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: See previous Item Packet rvo Ul~ Contacted: Date: Phone: Materials presented at public meetings shall become property of fhe City of Meridian, RECEIVED APR 1 1 2002 CITY OF MERIDIAN CITY CLERK OFFICE To: Mayor Corrie /,~V From: Brad Watson, P.E. J/^ f., CC: File, Gary Smith, PE, City Clerk Date: 4/11/2002 IRe: White Drain Sewer Trunk - Award of Construction Contract Repeating previous memos to you, bids were received February 27 for the construction of the White Drain Sewer Trunk. The eight bids were: Thueson Construction (Nampa) $994,060.10 Sommer Construction (Nampa) $1,139,275,50 Owyhee Construction (Boise) $1,161,000.00 Brown Construction (Nampa) $1,258,476.50 MASCO (Boise) $1,304,824.90 Bodiford Construction Boise) $1,530,478.10 S-2 Construction (Oregon City) $1,544,980.00 T.A. Dibble Excavation (Boise) $2,129,858.20 (arithmetic error caused extremely high bid) Engineer's Estimate $1,497,949.00 In light of Mr. Nichols' memo to you dated April 9, 2002, the Public Works Department recommends awarding the construction contract to Sommer Construction. This firm successfully completed the Ashford Greens Lift Station for us several years ago and at least tvvo projects for the Parks Department that I am aware of. ' Recommended Council Action: Award the contract for the White Drain Sanitary Sewer Trunk project to Sommer Construction in the amount $1,139,275.50 and authorize the Mayor to sign and City Clerk to attest the contract. From the desk of... Thank you. Please contact me if you have any questions regarding any of these items. Bl:'lld Wlllson, P.E. City Engineer Meridian Public Works IA-,xutrncnt 660 E. Watcrtower Lane, Suite 200 Meridian, Idaho 83642 . Page 1 (208) 898-5500 Fax: (208) 887-1297 watsonb@)ci,meridianidus