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Home My WebLink About2002-04-02 CITY OF MERIDIAN CITY COUNCIL SPECIAL MEETING AGENDA Tuesday, April 2, 2002 at 6:15 p.m. City Council Chambers 1. Roll-call Attendance: X Tammy de Weerd L Bill Nary )( Cherie McCandless )C Keith Bird L Mayor Robert Corrie 2. Adoption of the Agenda: ?"vrr-o Vl(....r 3. Executive Session as per Idaho State Code 67-2345 (1) (f): jL!9 dea J'1 '(h../ Meridian City Council Special Meeting Agenda - April 2, 2002 Page 1 of 1 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 72 hours prior to the public meeting. CITY OF MERIDIAN CITY COUNCIL SPECIAL MEETING AGENDA Tuesday, April 2, 2002 at 6:15 p.m. City Council Chambers 1. RoU";call Attendance: x Tammy de Weerd X Bill Nary x Cherie McCandless X Keith Bird X Mayor Robert Corrie 2. Adoption of the Agenda: Approve 3. Executive Session as per Idaho State Code 67-2345 (1) (f): No decision Meridian City Council Special Meeting Agenda - April 2, 2002 Page 1 of 1 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 72 hours prior to the public meeting. CITY OF MERIDIAN CITY COUNCIL SPECIAL MEETING AGENDA Tuesday, April 2, 2002 at 6:15 p.m. City Council Chambers 1. Roll-call Attendance: Tammy de Weerd Bill Nary Cherie McCandless Keith Bird Mayor Robert Corrie 2. Adoption of the Agenda: 3. Executive Session as per Idaho State Code 67-2345 (1) (f): Meridian City Council Special Meeting Agenda - April 2, 2002 Page 1 of 1 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 72 hours prior to the public meeting. Meridian City Council Special Meeting April 2. 2002 The Special Meeting of the Meridian City Council was called to order at 6:25 P.M. on April 2, 2002, by Mayor Robert Corrie. Members Present: Robert Corrie, Cherie McCandless, Bill Nary, Tammy de Weerd, and Keith Bird. Others Present: Bill Nichols and Will Berg. Item i. Roll-call Attendance: X Tammy de Weerd X Bill Nary X Cherie McCandless X Keith Bird X Mayor Robert Corrie Corrie: I am going to open the City Council Special Meeting on Tuesday April the 2nd, 2002 at 6:25 here at the City Council Chambers. Roll-Call vote, Mr. Clerk. Item 2. Adoption of the Agenda: Corrie: Council, we have the adoption of the agenda, which is the Executive Session. Nary: Mr. Mayor. Corrie: Mr. Nary. Nary: I would move we adopt the agenda as presented for the Special Meeting. Bird: Second. Corrie: Motion made and seconded to adopt the agenda for the Special Meeting. All those in favor say Aye. Roll-Call: Bird, aye; De Weerd, aye; McCandless, aye; Nary, aye. MOTION CARRIED: ALL AYES. Item 3. Executive Session as per Idaho State Code 67-2345 (1) (f)~ Corrie: ] will entertain a motion to go into Executive Session. Nary: Mr. Mayor, I would move that pursuant to Idaho Code 67-2345 (f) we go into Executive Session to consider matters regarding pending litigation or matters of general public awareness of probable litigation. Bird: Second. . Corrie: Motion has been made and seconded. Any further discussion? Roll-Call vote please. Meridian City Council Special Meetln8 April 2, 2002 Page 2 of 2 Roll-Call: Bird, aye; De Weerd, aye; McCandless, aye; Nary, aye. MOTION CARRI ED: ALL AYES. Corrie: We will be right back, hopefully in a short period of time. (Members in Executive Session) Corrie: Council, I will entertain a motion to come out of Executive Session. Bird: So moved. Nary: Second. Corrie: Motion made and seconded to come out of Executive Session. Any further discussion? All those in favor say aye. Roll-Call: Bird, aye; De Weerd, aye; McCandless, aye; Nary, aye. MOTION CARRIED: ALL AYES. Corrie: I'will entertain now, Council, a motion to close the special hearing. Bird: Mr. Mayor, did we open this up as our regular meeting? Okay. I move we close our Special Meeting. Nary: Second. Corrie: Motion made and seconded to close the Special Meeting. Any further discussion? All those in favor say aye. Roll-Call: Bird, aye; De Weerd, aye; McCandless, aye; Nary, aye. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 7:17 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) 4- 1 1610 v/.' ".~:'~; /~~>O" DATE .r (C~J:'~'''''t; -L~ ,\ :::.: \... "" \ ~ . \ A = , i ::;. J ATTESTED: ~~# ~~ ','\"i, / WILLIAM G. BERG, JR., CITY CLER;""" '~^~~;> ,... CITY OF MERIDIAN CITY COUNCil REGULAR MEETING AGENDA Tuesday, April 2, 2002, at 6:30 p.m. City Council Chambers 1. Roll-call Attendance: L Tammy de Weerd K Bill Nary -+- Cherie McCandless V Keith Bird X Mayor Robert Corrie-r- 2. Adoption of the Agenda: 3. Consent Agenda: A. ' ,Approve minutes of February 19, 2002 City Council Regular Meeting: C'1.fJ?7t} It~ B. Approve minutes of March 12, 2002 City Council Special Meeting: 0ptr?J v7e...--- Approve minutes of March 12, 2002 City Council Regular Meeting: dff7'OV~ Approve minutes of March 19, 2002 City Council Regular Meeting: o/pv.e...- Approve minutes of March 20, 2002 City Council Special Meeting: tV'pf'YVv.e...- Tabled from March 5, 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: ~!X:e-~ t/--lp-tlZ-~' Tabled from March 5, 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: iaUe- ~ f--/6-iJ2-- ~ . c. D. E. F. G. Meridian City Council Agenda - April 2, 2002 Page 1 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 public meeting. H. Tabled from March 5, 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 Developmeni LLC - 2435 South Meridian Road: ftzlJ.8v I~ 4--(6-02- ~ Tabled from March 19, 2002: Thousantl Springs Subdivision Restrictive Covenant: , "'). /l 0'1:- Ptf4/JvIo a..~.eFnJ?J /ssu..z &ccqa>n..cJ ~PPV/'(j Findings of Fact ana Conclusions of Law for Approval: AZ 01- 018 Request for annexation and zoning of 85.36 acres from RUT to C-C and C-G zones for proposed EI Dorado Subdivision by W.H. Moore Company - southwest corner of East Overland Road and South Eagle Road: ajP)?TcPt.-'"€ au af~deve.- Findings of Fact and Conclusions of Law for Approval: PP 01- 020 Request for Preliminary Plat approval of 32 building lots and 17 other lots +/- on 85.36 acres in a proposed C~C and C-G zone for proposed EI Dorado Business Campus by W.H. Moore -Company - southwest corner of East Overland Road and South Eagle Road: tf'~v....e.. dr 4n>-ehc,{ec() Findings of Fact and Conclusions of law for Approval: CUP 01-037 Request for a Conditional Use Permit for mixed use with office, retail, restaurant and hotel/motel for proposed EI Dorado Business Campus by W.H. Moore Company - southwest corner of East Overland Road and South Eagle Road: &f',p rp v--e 4. .r <1E ~ ~cCed..) Findings of Fact and Conclusions of law far Approval: V AC 02-001 Request for a vacation of an existing sewer easement in the proposed Sundance Place Subdivision by Briggs Engineering - west side of Meridian Road, % mile north of Ustick Road: a~v<e- Watertower Recoating Proiect - Agreement for Inspection Consulting Services, Dave Jahn: ?lpP H/V..tL.-- c . . Agreement with Qwest for Qwest Digital Switched Service at new Meridian Police Department building: ft'!;:rr'P V?-e- Beer I Wine / liquor license Renewals: t1~I/U?./ Approve Bills: ~~ I. J. K. l. M. N. o. P. Q. Meridian City Council Agenda - Apri12, 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 hearing please conlllct the City Clerk's Officc at 8884433 at least 48 hours prior to the publie meeting. 4. Department Reports: 5. 6. 7. 8. 9. A. Public Work's Department - Gary Smith: 10. 1. White Drain Sewer Trunk - Award of Construction Contract: ~6th /-P r-IG-ot-/vv-}, (Items Moved from Consent Agenda) Ordinance No. (J 2 - 0/ 4-7 : AZ 01-026 Request for annexation and zoning of 2.30 acres from R-1 to R-4 zones for proposed Hearthstone Subdivision by Robert Lee - southeast corner of West Cherry Lane and North Black Cat Road: tilfPVc? I/I.Z- Tabled from February 5, 2002: FP 01-026 Request for Final Plat approval of 31 building lots and 4 other lots on 13.85 acres in an R-4 zone for Bear Creek Subdivision No.6 by Bear Creek, LLC - east of Stoddard Road and north of Victory Road: , ~ 7'2z.6-ee ?~Jrvf--/l /11,,;:; 21) JotJ2- fi-; (J-- FP 02-003 Request for Final Plat approval of 20 building lots and 4 other lots 'on 5.97 acres in an R-4. zone for Inglenook Subdivision by Providence Development Group, Inglenook LLC -- 2720 S. Locust Grove Road: t<.Jl)?Y7?v..e..- Continued Public Hearing from March 12, 2002: Proposed Comprehensive Parks and Recreation System and Action Plan: ~-h nu.e- jJ / It- -/-c? J1pr/l ;Z '? / 2-00 2- hv~ Continued Public Hearing from March 19, 2002: 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: a~~11-of>'-Lf't~../'/F{cl-t ~~}?:Jv~ Continued Public Hearing from March 19, 2002: 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 pf Linder Road: . c/.41V~'11 f-o pr.efJtVlL. Elt: rI ol--t ~ 4/1'prz7'v~ . Public Hearing: 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: ar~:1 ~p--re-ptVt-L~/j:(c/f ~<ij~oV?JL Public Hearing: 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: (}~jJ/h- -}o ~/612t9C2-/~ 11. 12. 13. Meridian City Council Agenda - April 2, 2002 Page 3 of4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please C{)ntact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 15. 16. 17. ($. 14. Public Hearing: 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: ~J 10 ;xe;-:?t'~ +It:" c/...e. ~ c~tJVa0 Public Hearing: 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: a'/h~:J 10 ~piVlA!:- rJ://'q' c/~ ./In.- ~~v~ Public Hearing: 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 Wils<;tn Lane: ~~ ~ ~1 f-o ;:rv:-p?'~ FI j:t (1/.e ~ &.r/'r" _: -~ ~ Public Hearing: 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: 'P"~J 1-0 ref'~ -P(:t:tcl..e j;v q~v/v€.- 4,>p09I:""~ -Iv !J1ef-ie:{t'an.... Mi/letcph'l-e-n:! flnp~..:i7~: a...j/;rrov.e- CI--a.1j S/OCUf;.v Meridian City Council Agenda - April 2, 2002 Page 4 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 Offiee at 888-4433 at least 48 hours prior to the public meeting. CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, April 2,2002, 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 February 19, 2002 City Council Regular Meeting: Approve S. Approve minutes of March 12, 2002 City Council Special Meeting: Approve C. Approve minutes of March 12, 2002 City Council Regular Meeting: Approve D. Approve minutes of March 19, 2002 City Council Regular Meeting: Approve E. Approve minutes of March 20, 2002 City Council Special Meeting: Approve F. Tabled from March 5, 2002: Findings of Fact and C~nclusions 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: Table until April 16,2002 Meeting G. Tabled from March 5,2002: 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 Meridian City Council Agenda - April 2, 2002 Page 1 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to docnments and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Subdivision by Kodiak Development, LLC - 2435 South Meridian Road: Table until April 16, 2002 Meeting H. Tabled from March 5,2002: 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: Table until April 16, 2002 Meeting I. Tabled from March 19, 2002: Thousand Sprinas Subdivision Restrictive Covenant: Not enter into Agreement - Issue occupancy permit J. Findings of Fact and Conclusions of Law for Approval: AZ 01- 018 Request for annexation and zoning of 85.36 acres from RUT to C-C and C-G zones for proposed EI Dorado Subdivision by W.H. Moore Company - southwest corner of East Overland Road and South Eagle Road: Approve as Amended .. K. Findings of Fact and Conclusions of Law for Approval: PP 01- 020 Request for Preliminary Plat approval of 32 building lots and 17 other lots +/- on 85.36 acres in a proposed C-C and C-G zone for proposed EI Dorado Business Campus by W.H. Moore Company - southwest corner of East Overland Road and South Eagle Road: Approve as Amended L. Findings of Fact and Conclusions of Law for Approval: CUP 01-037 Request for a Conditional Use Permit for mixed use with office, retail, restaurant and hotel/motel for proposed EI Dorado Business Campus by W.H. Moore Company - southwest corner of East Overland Road and South Eagle Road: Approve as Amended M. Findings of Fact and Conclusions of Law for Approval: VAC 02-001 Request for a vacation of an existing sewer easement in the proposed Sun dance Place Subdivision by Briggs Engine"?ring - west side of Meridian Road, % mile north of Ustlck Road: Approve N. Watertower Recoatina Proiect - Agreement for Inspection Consulting Services, Dave Jahn: Approve o. Agreement with Qwest for awes! Diai!al Switched Service at new Meridian Police Department building: Approve Meridian City Council Agenda - April 2, 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 hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. P. Beer I Wine I liquor license Renewals: Approve Q. Approve Bills: Approve 4. Department Reports: A. Public Work's Department - Gary Smith: 1. White Drain Sewer Trunk - Award of Construction Contract: Table until April 16, 2002 Meeting 5. (Items Moved from Consent Agenda) 6. Ordinance No. 02-947 : AZ. 01-026 Request for annexation and zoning of 2.30 acres from R-1 to R-4 zones for proposed Hearthstone Subdivision by Robert Lee - southeast corner of West Cherry Lane and North Black Cat Road: Approve 7. Tabled from February 5, 2002: FP 01-026 Request for Final Plat approval of 31 building lots and 4 other lots on 13.85 acres in an R-4 zone .. for Bear Creek Subdivision No.6 by Bear Creek, LLC - east of Stoddard Road and north of Victory Road: Table until May 21, 2002 Meeting 8. FP 02-003 Request for Final Plat approval of 20 building lots and 4 other lots on 5.97 acres in an R-4 zone for In~;lenook Subdivision by Providence Development Group, Inglenook LLC -- 2720 S. Locust Grove Road: Approve 9. Continued Public Hearing from March 12, 2002: Proposed Comprehensive Parks and Recreation System and Action Plan: Continue Public Hearing to April 23, 2002 Meeting 10. Continued Public Hearing from March 19, 2':>>02: PP 01-024 Request for Preliminary Plat approval of 272 buildingldts 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: Attorney to prepare Findings of Fact and Conclusions of.Law for Appraval . . 11. Continued Public Hearing fram March 19, 2002: VAR 018020 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: Attarney ta prepare Findings af Fact and Conclusions af Law far Appraval Meridian City Council Agenda - April 2, 2002 Page 3 of 4 All materials presented at public meetings shaH 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. 12. Public Hearing: 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: Attorney to prepare Findings of Fact and Conclusions of Law for Approval 13. Public Hearing: 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: Continue Public Hearing to April 16, 2002 Meeting 14. Public Hearing: CUP 02M001 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: Attorney to prepare Findings of Fact and Conclusions of Law for Approval 15. Public Hearing: 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: Attorney to prepare .' . Findings of Fact and Conclusions of Law for Approval 16. Public Hearing: 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: Attorney to prepare Findings of Fact and Conclusions of Law for Approval 17. Public Hearing: 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: Attorney to prepare Findings of Fact and Conclusions of Law for Approval 18. Appointment to Meridian Development Corporation: Craig Slocum Approve Meridian City Council Agenda - April 2, 2002 Page 4 of 4 All materials presented at public meetings shall become property afthe City of Meridian. Anyone desiring acconunodation 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. Meridian City Council Meetin~ April 2, 2002 The regularly scheduled meeting of the Meridian City Council was called to order at 7:15 P.M., Tuesday, April 2, 2002, by Mayor Robert D. Corrie. Members Present: Mayor Robert Corrie, Tammy de Weerd, Keith Bird, Cherie McCandless and William Nary. Others Present: William Nichols, Mike Worley, Gary Smith, Shari Stiles, Brad Watson, Ken Bowers, Tom Kuntz, Dean Willis and Will Berg. Item 1. Roll-call Attendance: X TammydeWeerd X X Cherie McCandless X X Mayor Robert Corrie Corrie: All right. I will no~ open the regular meeting on Tuesday, April the 2nd at 7:15 P.M. in City Council Chambers. I will have roll call vote -- or roll call attendance. Excuse me. .Mr., Berg. Okay. All present. Before we do the Adoption of the Agenda, I would like to recognize Troop 80 here as Matt Yorgason's troop of Boise working on their citizenship badge. Welcome to them. Troop 128 in Meridian is working on their communications badge and Troop 30 in Meridian is working on their citizenship badge. Fellows, thank you for attending and we wish you well in your scouting. Okay. Also we do have a special presentation tonight. I would like to invite Chief Worley to come up and give the presentation. Bill Nary Keith Bird Worley: Thank you, Mr. Mayor, and Council. Jean. People that enter public service are a very special group. They are here to serve the citizens of the community and I'd like to take a moment tonight to recognize Jean Moore from the Police Department. Jean as of yesterday has worked for the City of Meridian for 28 years. She's the second longest serving employee in the city at this point. Jean is the Administrative Assistant to the Chief of Police. I tell you in the six months that I have been here she has gone far and above the call of duty to make me feel welcome. To help me navigate some of the minefields and that sort of thing, the challenges of being a new Chief and I am the seventh chief that she has assisted in the way. Jean, I'd like to present to you with a plaque that says a Certificate of Appreciation presented to Jean Moors in recognition of 28 years of, service to the Meridian Police Department and' citizens of Meridian. Councilman Bird has a presentation from Mayor and Council. Bird: Thank you, Jean. Congratulations. Worley: And I'd also like to recognize in the audience here Jean's husband Bob, who supports her and supports us. Thank you very much, Bob, for coming. Thank you, Mr. Mayor and Council. Meridian City Council Meeting April 2, 2002 Page 2 Item 2: Adoption of the Agenda: Item 18. Appointment to Meridian Development Corporation: Corrie: Thank you. Okay. Council, we have the Adoption of the Agenda. I would like to ask if we could on Item Number 17 -- Item 18 is the Meridian Development Corporation Board of Directors Appointment tonight, to appoint them for your approval, on Mr. Craig Slocum, Architect at CSHQA to be on the board. I have handed out the resume that you might be looking at. [was hoping -- I just got the resume today, so I thought rather than waiting any further if -- okay. All right. Council, do you have anything for the Agenda for changes, additions? Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I would move that we adopt the Agenda as noted with the addition of Number 18. Corrie: Okay. ,Any further? Okay. Motion has been made. Is there a second? Nary: Second. Corrie: Okay. Any further discussion? De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: Do we need to pull F, G, and H? Bird: He's doing the agenda. De Weerd. Okay. Sorry. Corrie: We will get to that. We are just doing the adoption of the AgenQa. Okay. Any further discussion? Okay. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES Item 3: Consent Agenda: A. Approve minutes of February 19, 2002 City Council Regular Meeting: B. Approve minutes of March 12,2002 City Council Special Meeting: Meridian City Council Meeting April 2, 2002 Page 3 C. Approve minutes of March 12,2002 City Council Regular Meeting: D. Approve minutes of March 19,2002 City Council Regular Meeting: E. Approve minutes of March 20, 2002 City Council Special Meeting: F. Tabled from March 5, 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: G. Tabled from March 5, 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: H: Tabled from March 5,2002: 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: I. Tabled from March 19,2002: Thousand SprinQs Subdivision Restrictive Covenant: J. Findings of Fact and Conclusions of Law for Approval: AZ 01- 018 Request for annexation and zoning of 85.36 acres from RUT to C-C and C-G zones for proposed EI Dorado Subdivision by W.H. Moore Company - southwest corner of East Overland Road and South Eagle Road: K. Findings of Fact and Conclusions of Law for Approval: PP 01- 020 Request for Preliminary Plat approval of 32 building lots and 17 other lots +/- on 85.36 acres in a proposed C-C. and C-G zone for proposed EI Dorado Business Campus by W.H. Moore Company - southwest corner of East Overland Road and South Eagle Road: L. Findings of Fact and Conclusions of Law for Approval: CUP 01-037 Request for a Conditional Use Permit for mixed use with office, retail, restaurant and hotel/motel for proposed EI Dorado Meridian City Council Meeting April 2, 2002 Page 4 Business Campus by W.H. Moore Company - southwest corner of East Overland Road and South Eagle Road: M. Findings of Fact and Conclusions of Law for Approval: VAC 02-001 Request for a vacation of an existing sewer easement in the proposed Sundance Place Subdivision by Briggs Engineering - west side of Meridian Road, % mile north of Ustick Road: N. Watertower RecoatinQ Proiect - Agreement for Inspection Consulting Services, Dave Jahn: O. Agreement with Qwest for Qwest DiQital Switched Service at new Meridian Police Department building: P. Beer I Wine I Liquor License Renewals: Q. ApprQve Bills: Corrie: Now Consent Agenda. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: On the Consent Agenda I understand that Items F and G we need to table to April 16th and H. On Item Number I, we need to move to 5-1 so we can discuss it and Items J, K, and L we need to move to Items 5-J, 5-K, and 5-L for discussion. With that, I would move that we approved the Consent Agenda as noted. De Weerd: Second. Corrie: Motion has been made and seconded. Any further discussion? Okay. All those in favor of the motion say aye. Okay. I believe we better have a roll call, because there is -- let's have a roll-call vote, because there is some items here that require that. Roll Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: Okay~ All ayes. Motion is carried. MOTION CARRIED: ALL AYES Item 4: Department Reports: A. Public Work's Department.... Gary Smith: 1. White Drain Sewer Trunk - Award of Construction Contract: Meridian City Council Meeting April 2, 2002 Page 5 Corrie: Department Reports. I believe on request, Gary, you can -- asked the request that it be tabled until the 16th is that correct? Smith: Yes, Mr. Mayor. Corrie: Okay. The Public Works Director has requested the Public Works Department, White Drain Sewer Trunk Award of Construction Contract be tabled until the April 16th meeting. Is there anything discussion? Okay. I'd entertain a motion then. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I move that we table the White Drain Sewer Trunk Award of Construction Contract to April 16, 2002. Nary: Second. Corrie: Okay. Motion has been made and seconded. Any further discussion? Hearing none, allthose in'favor of the motion say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES Item 5: (Items Moved from Consent Agenda) I. Tabled from March 19,2002: Thousand Sprinqs Subdivision Restrictive Covenant: Corrie: Item 5 is moved from the Consent Agenda. Bird: 5-1 was the first one. Corrie: Okay. Item 5-1, Thousand Springs Subdivision Restrictive Covenant. Okay. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: We asked to have this brought off, because having discussions and stuff we didn't teel that the city is in a position to be involved in restrictive covenants on lots. We have a Development Agreement. In my view the house is not illegal on that lot in the restrictive, so I would make a motion that we not participate, nor sign into this agreement. If the builder and the homeowner wants to sign it, that would be -- they can do it amongst themselves, but I don't believe the city legally is -- should be out there doing this. Meridian City Council Meeting April 2, 2002 Page 6 Corrie: All right. Any further discussion? Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Mr. Bird, do we want to give any -- I don't know if it's necessary. Do we want to give any direction? I certainly think it's a good idea between the parties if they want to have a restrictive covenant. I mean we certainly would encourage that and try to resolve this matter. I think it's just our feeling that the city doesn't need to be a party to that particular agreement and it's just not something within our normal course of how we would deal with these types of things. I don't know if there is any necessity to take it upon -- Bird: I agree with the motion -- you know, with that and that's strictly up to the two parties if they want to ellter into it. The city is not going to enter into that, so my motion is that we will not enter into it, nor will we enforce it. Nary: And I wciu!d second that motion. Corrie: Okay. Motion has been made and seconded. Any further discussion? Hearing none, all those in favor of the motion say aye. Anyopposed? Motion carried. MOTION CARRIED: ALL AYES Corrie: Okay. I will also entertain another motion. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I would move that this lot and house in question as of 8:00 tomorrow morning be given their Certificate of Occupancy with no. restriction as far as the city is concerned. Nary: Second. Corrie: Motion has been made and seconded. Is there any further discussion? Hearing none, roll-call vote, Mr. Berg. Roll Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: All ayes. Motion carried. MOTION CARRIED: ALL AYES Meridian City Council Meeting April 2, 2002 Page 7 J. Findings of Fact and Conclusions of Law for Approval: AZ 01- 018 Request for annexation and zoning of 85.36 acres from RUT to C-C and C-G zones for proposed EI Dorado Subdivision by W.H. Moore Company - southwest corner of East Overland Road and South Eagle Road: K. Findings of Fact and Conclusions of Law for Approval: PP 01- 020 Request for Preliminary Plat approval of 32 building lots and 17 other lots +/- on 85.36 acres in a proposed C-C and C-G zone for proposed EI Dorado Business Campus by W.H. Moore Company - southwest corner of East Overland Road and South Eagle Road: L. Findings of Fact and Conclusions of Law for Approval: CUP 01-037 Request for a Conditional Use Permit for mixed use with office,. retail, restaurant and hotel/motel for proposed EI Dorado Business Campus by W.H. Moore Company - southwest corner of East Overland Road and South Eagle Road: Corrie: Okay. We have J, K and L is that -- Keith? Bird: Yes. Corrie: For discussion? Bird: Yes. Mr. Mayor. Corrie: Okay. Items J, K, and L have also been pulled for discussion on the Findings of Facts and Conclusions of Law for the EI Dorado Subdivision. Mr. Bird. Bird: There were some questions the attorney -- that was something that wasn't complete. Corrie: Okay. Bird: There was a couple of things and I will refer to Mr. Nichols. Corrie: Okay. Mr. Nichols. Nichols: Mr. Mayor, Members of the Council, there are some requested changes to the proposed findings. We have a letter from Mr. Seel dated today and so I need you to go through those. I think they are probably accurate, but I need to have Mrs. Stiles' comment on the proposed changes. I didn't want you to adopt those findings without having considered his position statement and because the letter was just received today it's not likely that it's going to be in your electronic format. It's going to be a hard Meridian City Council Meeting April 2, 2002 Page 8 copy. I can go through them for you if you wish or -- they primarily deal with the Preliminary Plat Findings. I will just go through to this letter. The first -- the Findings of Fact on the Preliminary Plat and also the annexation reference 32 building lots and the plat itself has 34 building lots. Shari may have some comment on that one. Stiles: Excuse me. Do you want me to cover it? I did go over it with Jonathan Seel right before the meeting here, have the pages referenced and -- Nichols: That would be very helpful. Stiles: The only place I could find reference to the 32 lots was on Page 2, Paragraph 6, of the Annexation and Zoning Findings and all of the rest of the changes would be in the Preliminary Plat Findings. On Page 5 -- on Page Five it really wasn't an issue that -- the second paragraph in Mr. Seel's memo, as it was really not dealing with the condition it was just a statement. The fact that was removed would not impact the Findings. On the third paragraph in Mr. -- the third bullet in Mr. Seel's memo, Page 13 of the Preliminary Plat, Findings, Paragraph 4, the second line. Northern property should be replaced by the southern portion. I'm sorry. On Page 6 -- I'm sorry. I skipped over one. Page 6, Item 13, if the first sentence of Paragraph 13 on Page 6 were deleted, the remainder of it would be all right. I'm not -- I did not find exactly where the mention of Copper Point Way was, but if we could change any reference to Copper Point Way to Copper Point Drive, that would take care of it. None of these are significant changes and were just meant to be clarifications to the Findings as proposed. Nichols: Mr. Mayor? Corrie: Mr. Nichols. Nichols: Mr. Mayor, if I can just confirm with Director Stiles, in Mr. Seel's letter, the first bullet point that's referencing Page 2, Paragraph 6 in the Annexation and Zoning Findings and that requested revision is acceptable and reflects the actual approval of 34 lots, as opposed to 32 correct? Stiles: Yes. Nichols: Okay and the second bullet point is inconsequential and it's not necessary to change? Stiles: Yes. Nichols: And the third bullet point has to do with Blue Horizon Drive? Stiles: Yes. Nichols: Okay. That one's acceptable? Meridian City Council Meeting April 2, 2002 Page 9 Stiles: Yes. Nichols: The fourth bullet point would revise the portion that's underlined in Mr. Seel's letter where it says northern property. That would simply say southern portion and the rest of -- and it should also be clarified to read that this hard surface path will be north of the Ridenbaugh Canal. Stiles: Yes. Nichols: Then the last bullet point is also acceptable? Stiles: Yes. Nichols: Okay. Thank you. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: Iwo~ild move to approve the findings for request for annexation and zoning of 85.36 . acres from RUT to C-C and C-G zones for the proposed EI Dorado Subdivision and have the Mayor to sign and Clerk to attest. Bird: Second. Corrie: Okay. Motion has been made and seconded to approve the request for annexation and zoning on AZ 01-018. Any further discussion? Okay. Hearing none, roll-call vote, Mr. Berg. Roll Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: Motion approved. MOTION CARRIED: ALL AYES Corrie: Okay. I'll entertain a motion on the Preliminary Plat. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I move we approve the Findings for the request for Preliminary Plat approval of 32 building lots and 17 other lots on 85.36 acres in a proposed C-C and C-G zone for EI Dorado Business Campus and ask the Mayor to sign and Clerk to attest. Meridian City Council Meeting April 2, 2002 Page 1 0 Nary: Second. McCandless: Second. Corrie: Okay. Motion has been made and seconded to approve the Preliminary Plat with correction. Any further discussion? Hearing none, roll-call vote, Mr. Berg. Roll Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: All ayes. MOTION CARRI ED: ALL AYES Corrie: Okay. I'll entertain a motion on the request for a Conditional Use Permit. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: .1 'move we approve the Findings of Facts and Conclusions of Law for approval. of a CUP for mixed use with office, retail, restaurant and hotel! motel for the proposed EI Dorado Business Campus and ask the Mayor to sign and Clerk to attest. McCandless: Second. Corrie: Motion made and seconded. Any further discussion? Mr. Berg. Roll Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: Okay. All ayes. Motion approved. MOTION CARRIED: ALL AYES Item 6: Ordinance No. . ' : AZ 01-026 Request for annexation and zoning of 2.30 acres from R-1 to R-4 zone? for proposed Hearthstone Subdivision by Robert Lee - southeast corner of West Cherry Lane and North Black Cat Road: Corrie: Was there anymore that was pulled off? That was it? Between the paperwork and the computer I get confused. Okay. All right. Item Number 6, which is going to be Qrdinance Number 02-947, request for annexation and zoning of 2.30 acres from R-1 to R-4 zones for proposed Hearthstone Subdivision by Robert Lee, southeast corner of West Cherry Lane and North Black Cat Road. At this time I'd like the City Clerk to read Ordinance Number 02-947 by Title only. Meridian City Council Meeting April 2, 2002 Page 11 Berg: Thank you, Mr. Mayor, Members of the Council. Ordinance Number 02-947, an Ordinance finding that certain land owned by George and Mildred Davis to be known as Hearthstone Subdivision located at the southeast corner of West Cherry Lane and North Black Cat Road. Which lies contiguous or adjacent to the city limits of the City of Meridian, County of Ada, State of Idaho; and finding that the owner has made a request for annexation in writing to the Council. That said land be annexed to the City of Meridian and zoning designated Low Density Residential District (R-4). Declaring that said land, by proper legal description as described below, be a part of the City of Meridian, County of Ada, State of Idaho; repealing all ordinances, resolutions, orders or parts thereof in conflict herewith. Directing the City Engineer to add said property to the official maps of the City of Meridian, Idaho. Directing the Clerk of the City of Meridian to file a certified copy of the ordinance and map of the areas to be annexed with the Ada County Recorder, Auditor, Treasurer and Assessor, and the State Tax Commission of the State of Idaho. Pursuant to Idaho Code Section 50-223 and Section 63-2215. Corrie: Okay. You have ~eard the reading of Ordinance Number 02-947 by Title only. Is there anyone from the public that would like to have the ordinance read in its entirety? Okay. Hearing none, I'll entertain a motion on Ordinance Number 02-947. I can't do it. De Weerd: Geez. Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I move that we approve Ordinance Number 02-947, request for annexation and zoning of 2.30 acres from R-1 to R-4 zones for the proposed Hearthstone Subdivision by Robert Lee, with suspension of rules. Nary: Second. Corrie: Okay. Motion has been made and seconded to approve Ordinance Number 02- 947 with suspension of rules. Any further discussion? Hearing none, roll-call vote, Mr. Berg. Roll Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: All ayes. Motion carried. Ordinance Number 02-947 has been adopted.. MOTION CARRIED: ALL AYES Item 7: Tabled from February 5, 2002: FP 01-026 Request for Final Plat approval of 31 building lots and 4 other lots on 13.85 acres in an R-4 zone for Bear Creek Subdivision No.6 by Bear Creek, LLC - east of Stoddard Road and north of Victory Road: Meridian City Council Meeting April 2, 2002 Page 12 Corrie: Item Number 7 is tabled from the February 5, 2002. It's a request for Final Plat approval of 31 building lots and 4 other lots on 13.85 acres in an R-4 zone for Bear Creek Subdivision No. 6 by Bear Creek, LLC, east of Stoddard Road and north of Victory Road. Staff comments first. Stiles: Mr. Mayor and Council, we would ask that this item be tabled until May 21, 2002, due to the fact that the previous phase has not been accepted for processing at this time. Gary Smith also has an additional item on the Bear Creek Subdivision. Smith: Mr. Mayor and Council, part of the conditions of the original approval of this subdivision was for the developer to construct a bypass sewer line, because they are pumping their waste from one drainage, the Black Cat drainage, into the Ten Mile drainage. The construction -- excuse me -- the design of that bypass sewer project was approved. There was a condition that had been placed on the approval of the subdivision by Councilman Bird at the time the motion was made for approval that the project was to be completed by April 1st. I believe that was the date. In the process of constructing the sewer bypass line, they encountered some problems in terms of conflict with crossing of the Ten Mile Drain. At this point that crossing has not been resolved. The engineer for the developer has brought a hand sketch of an alternative to what was approved, the plans were approved by Public Works Department, and we haven't heard anything further at this point from the engineer, so we don't know what the status of that extension is or that bypass line is. I just wanted you to be aware of this, that the bypass portion of this project has stalled at the moment. On September the 12th of last year, I sent a letter to Matt Schultz, who was the Project Manager for Bear Creek. With that letter, I sent a copy of the minutes from the October 17, 2000, City Council Meeting that approved the Final Plat for Bear Creek Sub No.1 with the restrictions. I really don't know where this is going to go right now or how it's going to go, but they are not going to meet the April 1 st deadline that I had established to construct of the bypass sewer. I would echo Shari Stiles' request that this project be tabled and I guess tabled to the -- I don't know what the time would be for the tabling of the project, because I don't know what the status of the redesign is at this point. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: Shari is May 21st a date you chose because the Number 5 plat is now coming through the process? Has that been filed? Stiles: We do not have all the information we have requested for Number 5 at this time. If they brought it in this week that would be the earliest possible time, they would be on the agenda. De Weerd: So could table this until May 21st so we could have the Number 5 Final Plat application, as well as get an update on the bypass sewer line? Meridian City Council Meeting April 2, 2002 Page 13 Stiles: Yes. De Weerd: Okay. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I move that we table FP 01-026, request for Final Plat approval of 31 building lots and 4 other lots on 13.85 acres in an R-4 zone for Bear Creek Subdivision No.6 by Bear Creek, LLC, until May 21,2002. De Weerd: Mr. Mayor, before I second that, does the applicant have anything to comment on? Corrie: Give your name and address, please. Arnold: Steve Arnold: 1800 West Overland Road with Briggs Engineering. I'm representing Bear Creek right now. It's my understanding one of the reasons that we had to do a red~sign was that there was not enough distance between high ground water in ,the Ten Mile and the bottom of our pipe. They required two feet, there was only 11 inches, and so we had to submit a redesign. It was my understanding that we did get something in and I don't know if -- I thought it was a little bit more than a hand drawing. I'm assuming we are waiting to get some comments back, but the portion of this drain has been -- it's been constructed, except for this segment that we had to redesign around the Nampa Meridian Irrigation District. In regards to Bear Creek No.5, the information that Shari needs, she will get that this week and that May 21st date is ideal. I'm assuming as soon as we get this redesign approved construction will only take several days to finish. Otherwise, had we had it approved prior to April 1st we would have had it completed. We apologize for the delay. Corrie: Is May the 21 st okay? Arnold: In regards to this May 21st is great. Corrie: Okay. De Weerd: S!3cond. Corrie: Okay. Motion has been made and seconded to table Item Number 7, FP 01- 026, Final Plat approval of Bear Creek Subdivision NO.6 until May the 21st. Further discussion? All those in favor of the motion say aye. All ayes. Motion is carried. MOTION CARRIED: ALL AYES Meridian City Council Meeting April 2, 2002 Page 14 Item 8: FP 02-003 Request for Final Plat approval of 20 building lots and 4 other lots on 5.97 acres in an R-4 zone for Inglenook Subdivision by Providence Development Group, Inglenook LLC -- 2720 S. Locust Grove Road: Corrie: Okay Item Number 8. This was a request for Final Plat approval of 20 building lots and 4 other lots on 5.97 acres in an R-4 zone by Inglenook Subdivision by Providence Development Group, Inglenook LLC, 2720 South Locust Grove Road. Staff comments. Stiles: Mr. Mayor and Council, this is for the property located next to the Tarawood Subdivision and across the street from Salmon Rapids Subdivision, directly north of John Shipley's property and south of Los Alamitos Subdivision. We have the comments from staff. I would like to make sure that you have the most recent memo from the Meridian Fire Department, dated April 1, 2002, The only change on that from the memo dated March 21, 2002, would be Item 9, which states, the project shall provide a stub street to the north, which will eventually be connected to a main arterial. That was the 'only change on that memo. With that change noted, staff would recommend approval with all staff and agency conditions. Thank you. Corrie: ~hari, is the applicant here tonight? Did you get the Inglenook Subdivision Joe Silva, Deputy Fire Chief mentioned on Item Number 9? Did you get that? Any comment with that? Ford: Yes, I do have comment. For the record, Ashley Ford, Hubble Engineering, 701 South Allen Street, Suite 110, Meridian, and representing Providence Development this evening. One of the points of discussion at the Preliminary Plat in February was there a conditional of approval there is to be two accesses to a main arterial. Chief Bowers recognized there couldn't be two access points to Locust Grove Road and recommended deletion of that condition. With the memo dated April 1St, it does say that we should provide a stub street to the north, which will be eventually connected to the arterial. We did have a conversation with Joe Silva yesterday in regards to the intent. We are afraid that could be misinterpreted by staff that prior to the recordation of the plat there shall be a secondary access. However, Chief. Silva only wants us to provide the stub street to the north as we are providing and recognizes that we have no control over the property to the north. Other than this point of clarification we don't have any issues and we do recommend approval this evening and happy to stand 'for any questions. ' Corrie: Council, any questions? Thank you. Ford: Thank you. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. Meridian City Council Meeting April 2, 2002 Page 15 De Weerd: I move we approve request for Final Plat of 20 building lots and 4 other lots on 5.97 acres in an R-4 zone for Inglenook Subdivision, with the inclusion of the additional comments from Deputy Chief Silva from the fire station and ask the Mayor to sign and Clerk attest. Nary: Second. Corrie: Motion has been made and seconded to approve the Final Plat. The motion as stated. Any further comments? Roll-call vote, Mr. Berg. Roll Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: All ayes. Motion carried. MOTION CARRIED: ALL AYES Item 9: Continued Public Hearing from March 12, 2002: Proposed C~mprehensive Parks and Recreation System and Action Plan: Corrie:, Item Number 9 is a Continued Public Hearing from March 12, 2002, for proposed Comprehensive Parks and Recreation System and Action Plan. Council, that has been requested to be continued again until the 23rd, as we don't have all the information that has been placed with the parks. With that request, I would entertain a motion to continue this Public Hearing until the 23rd. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Could I ask a question? Is Mr. Kuntz here? Didn't we move this up and have an early meeting so we could move this along quicker? Bird: Yes. Nary: And now we are setting it over? Bird: And now all of sudden we are starting to hold back. Corrie: That was his request. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. Meridian City Council Meeting April 2, 2002 Page 16 De Weerd: Council Member Nary, he had to delay it because he needs to get back with the Building Contractor's Association, as well as the Association of Realtors on some issues that they were raised kind of in the 11th hour that he's needed to respond to. As well, in our Public Hearing process we did ask him to include a couple items that has taken a little bit of groundwork and I notice in our packets there are staff comments from the Planning and Zoning Staff. Planning and Zoning Staff has raised several issues that [ don't know if Mr. Kuntz has had time to research, but they are very valid issues. They will probably need a little bit of time to following up on as well. I see Mr. Kuntz is here. He can maybe speak for himself. Corrie: Mr. Kuntz. Kuntz: Mayor and Council, unfortunately, I didn't hear the entire question. Nary: What I had asked, Mr. Kuntz -- and I think Councilwoman de Weerd answered mostly it anyway, but we had moved this up and had actually had an early meeting, so that we could get this moving along in the process. I was wondering why we were having a delay now after we had taken the steps to move it ahead. I think she's answered what that was in regards to some other questions that had been raised by the building contractors, as well as the realtors, as well as some of the Planning staff comments that they need a little more time to work through. Would that be correct? Kuntz: Yes, it would be. Thank you, Council Member de Weerd. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I would move that we table Item 9 -- or continue Item 9, the Public Hearing on the proposed Comprehensive Parks and Recreation System and Action Plan to our April 23rd meeting. McCandless: Second. Corrie: Okay. Motion has been made to continue the Public Hearing on Item Number 9 until April 23rd. Any further discussion? All those in favor of the motion say aye. All ayes. Motion carried. It will be continued, this Public Hearing, until April 23rd. " MOTION CARRIED: ALL AYES Item 10: Continued Public Hearing from March 19, 2002: 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: Meridian City Council Meeting April 2, 2002 Page 17 Item 11: Continued Public Hearing from March 19,2002: 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: Corrie: Item Number 10 and Item Number 11 is a Continued Public Hearing from March 19th. Item Number 10 is a requestfor 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 Company, one quarter mile south of McMillan Road, east side of Linder Road. With the Council's approval, I will also continue the Public Hearing on the Variance request, so that we can have testimony on all of it if it needs to be. First, I believe, Shari, you had some comments to the Council on this one, too? Stiles: Mr. Mayor and Council, I did, and I apologize for not getting them to you as I was directed to get them on last Friday. Just a note of clarification. I think that the action probably needs to be taken on Item 11 first before the Preliminary Plat for the Variance. The Variance request is for exceeding the maximum block length of 1,000 feet. I would ask that the Council not have such specific wording within any motion that they make as far as their request for a Variance on -- for one side of two blocks and then -- and Just .say that the block lengths are approved as shown on the approved Preliminary Plat, whatever that is. Does that make any sense? Am I confusing you? De Weerd: It makes sense. Stiles: Okay. As far as the memo that I sent to you today, Council requested me to incorporate some of the comments that we discussed during the last Public Hearing. The main issue there was the fact that the recommendations from Planning and Zoning Commission reflected the draft conditions of the Ada County Highway District and with this position statement it details the final recommendations, the final staff report from the Ada County Highway District as approved by the Ada County Highway District Commissioners. The first item on item -- that's shown as Paragraph 3, that was actually the Planning and Zoning Commission's -- or Planning and Zoning Department's staff report. That would change that item within the Findings of Fact and Conclusions of Law, as you would adopt those. Under 16 it refers to the east phase lines for phases three and four. These were recommended by staff and approved by the Planning and Zoning Commission for recommendation to the City Council. It's a little hard to see, but it's -- Phase 3 is here and Phase 4 is here. To the east of that phase line is the pedestrian walkway. This would be one that actually goes to the school site. ,We asked for that phase to be constructed in the way, including these common lots. One reason is so that they do have the access immediately to the school site that the kids can ,access without having to go to Linder Road. Another reason is due to the fact that owners -- or homeowners that buy these properties -- or the homeowners that build -- that build houses on these properties aren't necessarily aware that there is going to be a pedestrian pathway adjacent to them. If it's already there, it's less likely that we are going to receive phone calls from those property owners wondering what's going on and why their privacy may be impacted by the construction of that pathway. Under the Meridian City Council Meeting April 2, 2002 Page 18 Subparagraph 17-B and 17-0, this was to clarify when emergency access was to be built on Lot 9, Block 7. This is the portion here that's required to be constructed as an emergency access. It would have 10-foot wide asphalt and five feet of grass creet on each side. This is to be constructed prior to issuance of Building Permits in Phase 5. The applicant is to verify that the turning radii from this access comply with the Fire Department requirements. Under 0, the emergency access shall constructed prior to issuances of any Building Permits in Phase 2. That would be exclusive of this one that would be constructed prior to Phase 5. I also wanted to clarify for the temporary access that will go along Lot 15 to Linder Road. That needs to be constructed prior to obtaining Building Permits for Phase 2. This is Phase 2 here. The Nonbuild Agreement would also need to be entered into for this lot until a permanent second access is provided to the subdivision. Beginning on the next page, Page 2 of my position statement, this is taken directly from Ada County Highway District's report, Pages 2, 3, 4 and Paragraph 48 on the top of Page 5 is all taken from their report. Then the remaining paragraph numbers would need, of course, to be renumbered as appropriate, The rest are some -- just to call some things to your attention. We are having an increasingly difficult time trying to follow conditions of approval when the plafthat is in our file does not reflect the actual plat that's approved. The Development Agreement and the actual findings for the plat reference what you see before you', . if that is approved with all of these other conditions, we have to dig back into the files and find out what all those conditions were. We would just ask that you consider that on this and future projects that you be able to approve the plat as you see it and as we see it, so that we are not having to reference several document and several different drawings. In the case of this plat, every -- every plate is dated March 15, 2001 -- '02, I believe, but they do have different revision numbers. This one is shown as revised March 27, 2002. However, it can't be -- it is not approved as it is shown. A couple of them are not as major as others. The micropath section was not approved as it is shown on the plat. In that instance the -- they have a seven and a half foot area on either side of the asphalt -- or the concrete pavement for the walkway. How they show that on the plat is showing it sloping down to a fence and then sloping back up into the adjacent property, the building lot. What that would do is force the drainage down into that -- onto the property line and onto the fence and depending on the construction of the fence that will lead to a wet area that could possibly deteriorate the fence. They need to maintain all of that drainage. Within the lot and they have agreed verbally -- their representative has agreed verbally that that is not a problem. Planning and Zoning Commission's recommendation -- well, Planning and Zoning Department's recommendation was that there be a three foot -- minimum three foot wide separation between the asphalt pathway and adjacent building lots.. That --'I'm not sure if it's in a location other than this north south one to the park, but we would ask that anyplace they are proposing a five foot wide pathway adjacent to building lots, that it be separated at least three feet. I believe the applicant's representative had indicated that would not be a problem either. The other one I think that the applicant may still have an issue with was moving those phase lines. Apparently, they didn't want to build those at this time and then wanted to be given the freedom to build those when they chose, as part of the other phases. I stated the reasons why we requested that previously, At our last meeting we also asked that the existing proposed easement be Meridian City Council Meeting April 2, 2002 Page 19 shown on the plat as required by State Code and City Ordinance. They have shown a 50 foot wide easement for the -- well, it's not an easement, they show it in a common lot for the White Drain and as an easement as well. However, they do not show an easement for the Coleman Lateral that traverses north and south to the property and then goes to the east. It would come down, but they are proposing -- this is not the most recent submittal that we got either. We didn't have an eight and a half by eleven bit of this reduced plat, but it would come through -- they are proposing it to come through in a common lot, at least that's what the most recent letter I got from Steve Arnold said. It would be a 12-foot common lot with nine-foot easements on either side that would be in these properties. That would also impact the setbacks for those properties. They would need to graphically depict those setbacks on the plat and the people would not be able to build within nine feet of those property lines. Then they are proposing that the Coleman Lateral be piped immediately adjacent to the sidewalk. Bruce Freckleton had indicated that would cause a problem with city utilities, as the water meters and the fire hydrants would be in that location. In a conversation this afternoon with the applicant's representative he indicated that they could provide that in a 15 foot wide easement" but we have yet to hear from the Settler's Irrigation District that they will accept that. Then it would continue to the south with -- I believe -- is that a common lot, Steve? A common lot to the south? Easement? Okay. It would be an easement -- I believe they showed it centered on two property lines, so 15 feet on each side would be a non-buildable area for those lots. With those changes we don't have a particular problem with this subdivision, but, again, we would ask for your help in trying to get plats as they are approved, that we have those in our file prior to the approval. Thanks. Do you have any questions? Corrie: Council, questions? Bird: I have none. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: How do we -- how do we do that or how is that not being done now, so that we can have -- I mean does the Planning and Zoning Commission need to, be more clear that they want a Final Plat before they will pass this forward to approve it or what do you think needs to be done? What's not getting done now? . Stiles: Well, in this case we -- the Planning and Zoning Commission had asked for that to be submitted with the easements and different changes prior to going to City Council ,-- 10 days prior to going to City Council. That was not done and -- I don't know. I mean I hate to hold them up for so long, but if it's -- if they are making recommendations and they aren't necessarily being followed, it makes it real hard for us to go back later. Especially when we have such a volume coming through, that there is a lot of things going through the cracks, frankly. We are missing things. Meridian City Council Meeting April 2, 2002 Page 20 Nary: But does it need better direction at the Planning and Zoning Commission level that they are not going to move these projects forward without those final maps? Because I know in the past when I was a member of the Commission, we tried not to send things forward without Final Plats in front of -- or without the final drawings in front of us and we would not send them forward with that type of caveat that they just would have to have it at the end. If it was a minor thing, maybe, but if it was a bunch -- because you have got a lot of suggested information that wasn't included, I guess in anticipation it was going to be there. Is that something maybe a discussion with the Planning and Zoning Commission Chairman, they need to rethink on whether or not to do that, because it's not getting done ten days prior to coming here? Stiles: I think it would certainly help, but you know, that puts them off at least two more weeks. Then given the fact they have already been continued and, you know, face the possibility of being continued again, it would certainly help us if the plat that went to the City Council reflected all of their recommendations. There is always going to be the times when the applicant doesn't agree with those recommendations and is wanting to take issue with the Counci.l at the Public Hearing before the Council and, you know, we will always have that. . Nary: Sure. Stiles: aut they can make note of that. It would be nice if at least the plat that comes before Council is -- does meet the other -- the remaining conditions. Nary: The other question I have, too, Mrs. Stiles, is that we seem to be getting a lot more of these position statements. At least the majority of them that I have seen so far in the last couple of months have been fairly minor types of changes, something that may have been overlooked or may have been discussed, but just got left out of the recommendation. In this particular one there seems to be quite a few changes that are being requested and what I'm not clear in reading the document. I only was able to get it tonight, because I never got it before this evening, is it appears that a lot of these things -- I can't tell if the Planning and Zoning Commission reviewed that requested change and didn't -- and chose not to do it or whether or not it was something that was merely an oversight. I don't have the minutes in front of me so I can't tell if it's something that was previously discussed and rejected or previously Oiscussed and overlooked. If it was overlooked, then who overlooked it and how did that get left out of the recommendation that comes from the attorney that's sitting in the meeting at the Planning and. Zoning Commission who is supposed to do all of that. Where is this breaking down that you end up with a -- like this one where it says -- you know, it's a five page document of clarifications and changes -- where is the problem here? Stiles: Well, three of those pages are actually Ada County Highway District's comments. Nary: True. I understand that. Meridian City Council Meeting April 2, 2002 Page 21 Stiles: I mean they could hold it until they get their final Commission letter. Nary: Used to. Stiles: They did. Nary: Yes. Stiles: But because they are holding it up, in some cases for a long time, they have just sent these on. I mean they have routinely sent things on. I don't know if it would help if the Planning and Zoning Commission actually looked at the recommendations before they got sent on to make sure that they were complete. I know that Keith and -- Keith Borup, Bill Nichols and I discussed that, that maybe they need to actually look at those recommendations before they are sent on to Council to make sure that they -- everything has been caught. I know our staff spends a lot of time looking at those recommendations and catches those and sometimes the workload doesn't permit them to get it in a timely manne~ to you. Nary: So are all these position statements, are these things that are merely oversights that were left ouf of the recommendation or are they more than that? Are they things that wer~.discussed and it wasn't clear as to what the decision was and, really, the Planning and Zoning Commission should review it and have it back? Stiles: It's probably a little of both. I tried to detail which one of the Planning and Zoning Commission's recommendations -- and some of them are just clarifications, because if you don't spell out the actual conditions -- like it's okay to say, you know, you're going to build this, but when. You know, we need to clarify those things, because then it never gets done. Nary: But is that something at the Planning and Zoning Commission that should be brought fOIWard by the staff. Then that should be included at the discussion stage and is that not being done? Stiles: It's not being done, because we don't get the recommendations until right before we go to Council. Nary: No. No. No. No. No. At the Planning and Zoning Commission, ifthe staff is concerned wben that discussion is ongoing about that particular type of action shouldn't the staff at that point be the one saying be sure to put in when the space has to be completed, so that the person preparing the recommendations can include that ,and they can also include that in the motion for the Commission? I don't know in reading this if their intention was not to have a particular time period at this juncture. If that's their decision, then I guess we need to decide if we are comfortable with that, but I don't know if that's their decision or not.. It's unclear to me as to what was intended. If that's what you'd like to see, can't the staff bring that to the forefront at the time and say put those types of conditions in there? Meridian City Council Meeting April 2, 2002 Page 22 Stiles: We could, yes. We probably need a little help from Council, too, because once they get into the motion it's -- staff's not involved in the motion. I mean they kind of raise their hands at times when there is a real problem and they need to clarify something. Once it gets to the closing of the Public Hearing and they are deliberating amongst themselves, the motion may not reflect all of the items that were brought up during the discussion. Nary: Now [ guess I have never noticed the staff having a problem of interjecting and saying, you know, don't forget to include this or don't forget to include that if you want to do that. Maybe that's just something between the Commission and the staff they need to make clearer. So -- because I do think this takes a lot of your time post commission hearing that probably could be better spent and if they were done at the time you wouldn't have to spend so much time afterwards basically doing it over. Stiles: Right. Nary: Thank you. Corrie: Okay." .Any other comments? All right. This is a continuance of a Public Hearing. The developer? Is the testimony you're about to give the truth, the whole truth, and nothing but the truth, so help you God? Arnold: Yes, it is. Corrie: Name and address, please, for the record. Arnold: For the record, Steve Arnold, 1800 West Overland Road. I'm with Briggs Engineering and I'm representing Capital Development tonight. I did receive a copy of these -- the position statement by Shari or Mrs. Stiles this afternoon. I didn't get a chance to go through them. We have reviewed it in its entirety and essentially agree with these additions to the Council report. One thing that we'd like to add is onto 17-B -- and I believe this was the direction of the Planning and Zoning Commission -- is that if there was a secondary permanent access into the subdivision that we wouldn't need the fire access as requested by this item, the 10 foot, with the five foot ,grass creet on either side. It's a minor addition, if that could be added, that if we do have secondary permanent access out through one of those stub streets that we be 'allowed just to provide a five-foot wide pathway. Other than that, the ACHD comments that I had in our planning-- as I listened to your discussion about ACHD comments, the one that I had in the Preliminary Plat findings dated -- to the City Council March 15th, I ,believe had the ACHD final report. It's just a cut and paste of what you have here in this position statement. We were in agreement with all those conditions at that time. We are still in agreement. I guess I don't -- I'm not sure I understood the discussion of how Planning and Zoning needs to either hold things up or wait to move on things until they get everything. My understanding is they had that report, because I ha,d it and I'm assuming that they had it as well. Going back to the -- back -- basically Meridian City Council Meeting April 2, 2002 Page 23 what this Council had started to act on -- and there was a second made on it, was this Preliminary Plat. At that last hearing, it was suggested by staff that we defer this item until we get all the easements shown on the plat. Since then, myself and my engineer had a met with Settler's Irrigation District. I do have a letter outlining basically what we agreed to. I was hoping to get something -- and I don't know if you got that tonight, but it was -- if I may, I will hand that to you. Basically the letter outlines our meeting with Nathan Draper, he's the manager of Settler's Irrigation District. We met with him to discuss essentially what he needed for easements for both the Coleman Lateral and the White Drain. As you have got before you tonight a modified plat that's dated March 26th, I believe, of this year. It reflects exactly what he was requesting that we provide, of which was a pathway that would go east-west to service the manholes that we would put in at the eastern boundary for the Coleman Lateral. He needed a total of a 3D-foot wide easement, so he wanted a 10-foot wide pathway with a gravel surface pathway to access the manhole, along with the 3D-foot wide easement. A nine-foot wide easement would encroach on either side of those lots. He allowed us to pipe the irrigation drain south down to Yosemite along the front of the lot lines outside of the ACHD. public right of way. He requested that we provide a 1 D-foot wide easement on thos'e lots, in addition with the piping along that right of way. I talked to Mr. Freckleton this afternoon. Their concerns were that the water meters and this pipe would be' qonflicting with one another. They are requesting that we put the irrigation pipe -- in this case it would be further to the east of the water meters, so that there isn't that conflict. That we agreed to and they also asked for an additional easement, a 15-foot wide easement, and that we also agreed to, The easement that we were planning to put in it is in the standard easement in the front of the lots, so we will modify this plat to the Public Works request. We will put a 15 foot wide easement along those lots down to Yosemite and then the lots to the south where we tied back in across the White Drain will have a 3D foot wide easement, 15 foot on either side of the lots. If I can rehash, basically at our last meeting it was the direction of the City Council that we bring back to you a plat that shows those easements. We believe that you have that tonight and that you have something that you can act on with the addition of a five-foot wide easement, to total 15 feet along those lots along Hyde Park Avenue. Basically the other items that were mentioned -- the modification of the pathways, it wasn't our understanding that that was what the City Council was asking from us at the last hearing, but it was just the easements. Had I known that we would have shown that, but we are in agreement with staff, We will keep all the drainage on those pathway lots. We will locate the path a minimum of three feet from the property line, so I don't believe that to be an issue. . I guess 'a final comment on preliminary Plats. From the developer's standpoint; from QUI" standpoint, there is -- we try to work through as much unknowns and get them known, so that we can present to you a design that we feel will meet your ordinances and that you can act on. There are going to be subtle changes from a Preliminary Plat to a final. Unless you put on a light table an exact copy of what the preliminary is and request that that be done, then it kind of bypasses the Preliminary Plat phase, so we are not proposing any significant changes from what you have tonight We'd request that you act on the Preliminary Plat submitted, dated March 26th of this year. I'll stand for any questions. Meridian City Council Meeting April 2, 2002 Page 24 Corrie: Mr. Nary, do you have anything? Nary: I don't. Bird: I don't. Corrie: Okay. Thank you. Anyone else from the public that would like to issue testimony on the continued hearing? Council, discussion? Nichols: Mr. Mayor? Corrie: Mr. Nichols. Nichols: Mr. Mayor and Members of the Council, I apologize, Mr. Arnold, but I did have a question about your requested revision to the Planning and Zoning recommendation 17-B. I want to make sure that [ understand what it is that you're asking for. The current recommendation requires that this emergency access be built on Lot 9, Block 7 and you said that you wanted to have that able to be eliminated if there was a secondary acc~ss available through a stub street. If I wrote it down correctly, and then you would onlybave a five-foot wide pathway. I -- if that's what you intended, then I need to ,know which stub street you're talking about and make sure that it's clear, so that if the Council chooses to act on your recommendation that [ get it straight when I do the Findings. Arnold: Mr. Mayor, Mr. Nichols, basically any stub street that -- the direction of the Planning and Zoning and their concern was that this development have some sort of secondary access into the subdivision for fire purposes. That's why we offered that 10 foot wide -- or asphalt pathway with the five-foot wide grass creet. Any of these stubs, if they eventually connect to another subdivision where it goes out to an arterial, think that that would be sufficient on our request. Stiles: Mr. Mayor? Corrie: Shari. Stiles: I'm sorry, Mr. Mayor and Council, I don't believe they expected this one to go away, that this is the Lot 9, Block 7 right here, up on the screen? . Arnold: Yes. Stiles: There is nothing that's going to -- there is no kind of secondary access -- I guess I don't get where you're coming from. [don't think that was intended to ever be removed. Is it your understanding that they were saying it can be removed at some time? Meridian City Council Meeting April 2, 2002 Page 25 Arnold: Mr. Mayor, Mrs. Stiles, the intent on the Commission was that the back half of our subdivision be provided a secondary access -- secondary emergency access in there. There was at -- and I don't believe that -- you may not have been at those hearings, but their concern was that we may not get a stub street in the near future while we build out these phases. That was a concern, that we'd get this all built, nothing connecting, and that the back half of our subdivision didn't have a secondary emergency access. My thought tonight is if it's -- it's not a great issue. I just thought that it might be something that we can throw out that may not be needed in the future, that if we get some sort of secondary access -- and maybe even clarify to the eastern half, that if we get that secondary full connection prior to us platting and prior to us requiring, that that not be required. If it's going to create headache and heartburn, I don't think that it's a point of contention tonight. I just thought I'd muddy up the water for you. Corrie: Does that answer the questions that anybody has? Yes, Mr. Yorgason. Yorgason: Mr. Mayor and Members of the Council. Vaughn Yorgason, 5000 Fifshire Place in Boise, Idaho. Corrie: Is the t8f?timony you're about to give the truth, the whole truth, and nothing but the truth, so help you God? Yorgason: I do. Corrie: Thank you. Yorgason: I appreciate your taking time to listen to our proposal this evening, continuation of -- I believe it was two weeks ago. Often times -- it.s our understanding that often times we have a large subdivision and we need a secondary access when it reaches a certain point for emergency purposes. This street where the arrow is pointed was to serve that purpose. At the point in the future that the secondary access to the back half is provided through any of those stub streets, then we would not have a necessity of having this particular access there.. We will still have access, pedestrian access and we will still make it a part of our pathway system, but we don't want to have it the roadway system. It wouldn't be a road, it wouldn't be a public rQad, and there wouldn't be a need for a public road. Any of those other stub streets that come along, any of those -- any of stub streets would provide that emergency access in the manner that we would all like to have, we certainly agree with that, we concur and we would hope that the Council would agree that this emergency access would not be necessary at the time that the permanent access would be granted. I would be glad to answer any other questions you may have. Nary: Mr. Mayor? Corrie: Mr. Nary. Meridian City Council Meeting April 2, 2002 Page 26 Nary: Mr. Yorgason, 17-D says that all the emergency access shall be constructed prior to issuance of any Building Permits. That's tells me that that has to get built before you build any houses in there. At the juncture where this other stub street would be usable for a secondary access, couldn't you come back and ask to amend it at that time? Yorgason: Well, our first phase is up here -- it's an L piece around the existing home. We can't build an emergency access clear to the backside of it while it's still farm ground. That wouldn't serve any purpose for anyone. It didn't -- I wasn't aware of that -- Nary: It's prior to phase -- Yorgason: I think it's the back half. I believe it's the back -- before any Building Permits in the back half I believe is what it is. That's what was represented to us. Nary: Well, that's not what it says in the recommendation from Planning and Zoning, so which one am I supposed to look at? The correction tonight? Okay. Yorgason: We kind of have the emergency access road out here in the middle of the park. It doesn't even go by any lots or streets anything. I think that may be a -- Nary: I agree. Yorgason: That may be an error in there. Nary: I see what you're talking about. Okay, sir. Yorgason: But when the second half starts, if we don't have any other stub streets that provide us the emergency access and prior to any Building Permits in that, second half and we concur with that. Thank you. Corrie: Cleared it up for me anyway. Anything else? Arnold: I don't have anything else, unless you were looking for clarification. Corrie: Thank you. Any other questions from Council? Bird: I have none, Mayor. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary:. Mrs. Stiles, do you know what the Planning and Zoning Commission -- what YO!-l're saying was that if -- your intent or your belief was their intent was that that path -- Meridian City Council Meeting April 2, 2002 Page 27 that that emergency access would always be there, regardless of whether or not secondary access was gained through some other means; is that correct? Stiles: That's what my understanding was. Phase 1 is right here. Phase 2 is -- it's hard to follow. Up here. This area. This is Phase 3, which also includes I believe this -- this is Phase 3, which would already have this access here. This isn't even included until Phase 4, which goes to -- I don't -- I guess that would give them another access to Phase 5. They would have this access and then I guess this would be considered another access, but I don't recall reading where they stated that would go away some day. Nary: So the minutes, at least as you have reviewed, don't reflect -- reflect they had a discussion such as this, but what the intent in the minutes would indicate is that that access would remain? Stiles: Unless I misinterpreted what they said I don't know what they meant. I just thought it would remain there. I know they wanted a second access prior to Phase 5, but I didn't know that that would go away. They would leave it as -- they are saying that they will leave i.t as a pedestrian walkway. Corrie: That's what they said. That it would remain there as a pedestrian walkway. Stiles: But I don't know of that was a requirement coming the Fire Department or -- Kenny doesn't recall what that might have been. Corrie: Okay. Any other questions of Council? Okay. Any other testimony you want to accept from the Public Hearing? If not, I'll entertain a motion to close the Public Hearing on Items Number 10 and 11. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I move we close the Public Hearing on PP 01 "'0'24, request 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 Company. Nary: Second. Corrie: Okay. Motion has been made and seconded to close the Public Hearing on .Item PP 01-024. Any further discussion? Hearing none, all those in favor say aye. Opposed no? All ayes. Motion carried. MOTION CARRIED: ALL AYES Bird: Mr. Mayor? Meridian City Council Meeting April 2, 2002 Page 28 Corrie: Mr. Bird. Bird: I move we close the Public Hearing for VAR 01-020, a request for Variance on block lengths for one side of two blocks within the proposed Baldwin Park Subdivision by Capital Development Company. Nary: Second. Corrie: Motion has been made and seconded to close the Public Hearing on the Variance Request 01-020. Any further discussion? All those in favor say aye. Opposed no? All ayes. Motion carried. MOTION CARRIED: ALL AYES Corrie: Okay. Discussion on the request for the Preliminary Plat? Nichols: Mr. Mayor? Corrie: Mr. Nichols. Nichols: Mr. Mayor, Members of the Council, I think you better take up the Variance request first before the Preliminary Plat. Corrie: You're right. Okay. Item Number 11 is the Variance request on block lengths, 01-020. Comments? Discussion? Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I think all of the position statement and all the discussion has just been on the plat is that correct? It's not -- I think our discul?sion on the Variance was a couple of weeks ago and it probably was not very clear in our City' Code what exactly is a block. We really didn't have a reason not to grant a Variance, but I think we need to -- I know the plate's pretty full at both the Planning and the Planning and Zoning Commission, but I think we need to re-Iook at our ordinance to make sure that it makes a little more _ sense. I think as we discussed a couple weeks ago, we, probably grant these a lot, because it's not very clear. We probably need to make it a little clearer so that we know what the intent, so when people bring these plats forward it's a little clearer to everybody. I can't see any reason not to grant this Variance, because I don't know what the block is supposed to mean in our ordinance. I think the Variance is to make sure it's built the way it's been proposed I think is fine. I don't know if anyone has more discussion, I -- Bird: Is that a motion, Mr. Nary? Meridian City Council Meeting April 2, 2002 Page 29 Nary: I was going to say that I was going to move that we approve the VAR 01-020, the request for a Variance on block lengths within the proposed Baldwin Park Subdivision. As Ms. Stiles suggested, I'm not going to particularize the one side of two blocks, but that they provide the Variance for the block lengths as per the Preliminary Plat as amended for Baldwin Park Subdivision by the Capital Development Company. Bird: One question for before I second it. Which date on the Preliminary Plat? We have only got about 50 of them running around here. Nary: I think the decided the last one was March 2ih. That's submitted on the plat for March 2ih, Bird: I will second it, then. Corrie: Okay. Motion has been made and seconded to approve the request for a variance on block lengths pursuant to plat -- the March 2ih plat. Any further discussion? Okay. Roll-call vote, Mr. Berg. Roll Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: All ayes. Motion is approved. MOTION CARRIED: ALL AYES Corrie: Now Item Number 10 is a request for Preliminary Plat, Plat 01-024. Nary: Mr. Mayor, I guess I'll make the motion and we can probably discuss it a little bit further, because I'm still a little -- or maybe we can discuss it first. I'm a little hazy on this one particular piece that there seems to be a discrepancy between what the Commission appears to be wanting. I don't have their minutes in front of me, and what's being proposed. It does make sense to me is what Mr. Yorgason was saying and Mr. Arnold that once there is an alternative means to have access to the subdivision, that that particular access should be a path arid not a road. I don't see any other reason to do it differently, but I think that makes perfect sense. That may have been an oversight or maybe a misunderstanding or something like that or maybe it wasn't clarified. That's been part of what this process is, but I don't see any reason to make them have a pathway -- or make them have a roadway if there is an .alternative roadway access to this particular area. I guess I would move that we approval PP 01-024, the 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 the Capital Development Company, pursuant to the recommendation of the Planning and Zoning Commission. With the additional comments as provided bl staff in the position statement document that we received today, dated April 2n , with those proposed changes to the findings. To also include a change to 17-B, that it would include, I guess, language -- Mr. Nichols does better at preparing this, but language that would Meridian City Council Meeting April 2, 2002 Page 30 allow this emergency access to become part of the pathway system upon a secondary access of a roadway being available for those phases. It appears to be after Phase 4 of this development, that all the rest of the staff comments be included and that our Counsel prepares Findings of Fact and Conclusions of Law and Decision and Order for this plat. Bird: Second. Nichols: Mr. Mayor? Corrie: Mr. Nichols. Nichols: Mr. Mayor, Councilman Nary, I think their request is that the width of that path go down to five feet, if I heard it correctly, so those lot owners would be able to extend fences or whatever. I need to know if in your motion you intend that that pathway go down to a five-foot wide pathway or whether to just leave it as built as a rather wide pathway. Nary: And I w.as kind of hoping you would figure out exactly what it was, because I wasn't 100 percent sure either. I think that's -- I think you're right that's -- the intent wasto make it a pathway and that it would be a five foot wide pathway, instead of a 15 foot wide pathway. Isn't that -- is that wrong? Stiles: The applicant's representative stated they would leave it as a five-foot pathway within a 3D-foot common lot. Nary: Okay. That's fine. Corrie: Okay. Thank you. Nary: Thank you for pointing that out, Mr. Nichols. Corrie: Any other comments? 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, aye. Corrie: All ayes. Motion for the Preliminary Plat approved. MOTION CARRIED: ALL AYES Item 12: Public Hearing: 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: Meridian City Council Meeting April 2, 2002 Page 31 Corrie: Item Number 12 is a Public Hearing. This is a request for annexation and zoning of 1.14 acres from R-1 to an R-4 zone for Marvin and Violet Werth by the same, at 2150 South Locust Grove Road. At this time, I will open the Public Hearing on the request and staff comments first. Stiles: Mr. Mayor and Council, I'm not sure if the applicant is here. This is for a property that -- to which sewer and water was extended and, therefore, they had to enter into an agreement to annex the property into the City of Meridian. It is located just north of Raven Hill Subdivision and we would ask that you approve this annexation and zoning with staff conditions. Thanks. They aren't proposing to do anything with the property at this time. They are just meeting the terms of their agreement and they will just need to comply with whatever ordinances are in effect at the time they redevelop or construct -- add onto the property. Corrie: Okay. Is the applicant here tonight? Okay. Is there anybody from the public who would like to issue testimony? Okay. De Weerd: Mr. Mayor? Corrie: Mrs. deWeerd. De Weerd: I move we close the Public Hearing. Bird: Second. Corrie: Motion made and seconded to close the Public Hearing on the annexation request by Marvin and Violet Werth. Any further discussion? Hearing none, all those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I move we approve the request for annexation and zoning of 1.14 acres from R-1 to R-4 for Marvin and Violet Werth and to ask the attorney to draw up Findings of Facts and Conclusion of Law and Decision of Order and to incorporate staff comments into those Findings. McCandless: Second. Corrie: Okay. Motion has been made and seconded to approve the request annexation and zoning. Any further discussion? Hearing none, all those -- roll call vote, Mr. Berg. Roll Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Meridian City Council Meeting April 2, 2002 Page 32 Corrie: All ayes. Motion carried for annexation and zoning. MOTION CARRI ED: ALL AYES Item 13: Public Hearing: 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 Number 13 is a Public Hearing, request for a Conditional Use Permit for 1 ,743 square foot sandwich shop with a drive-thru window in an L-O zone for Subway by Blaine and Cynthia Jacobson, northeast corner of Magic View and South Allen Street. At this time, I will open the Public Hearing and invite staff comments first. Stiles: Mr. Mayor and Council, this was -- this application is for the site that was previously approved for office buildings. It was approved as a -- one two-story office building and another office building with an ancillary restaurant. They are now requesting tha.t a drive-thru Subway Restaurant be considered for this property. Because that use was not permitted in the Development Agreement, they have submitted,amodification -- a request for a modification to the Development Agreement. That will not be before the City Council until April 16th. We have received a letter from the applicant's representative asking that we table this to the April 16, 2002, City Council meeting, Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I move that we continue the Public Hearing on the sandwich shop, CUP 01-045, until April 16,2002. Nary: Second. Corrie: Motion has been made and seconded to continue the Public Hearing until April the 16, 2002. Any further discussion? De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: Since this is a Public Hearing and we don't know for sure if anyone is out there that would like to speak to this, could we first find out if there no one here to speak on this item? Meridian City Council Meeting April 2, 2002 Page 33 Corrie: Is there anyone from the public that wants to speak at this time? Okay. Hearing none, all those in favor of the motion say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES Item 14: Public Hearing: 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: Corrie: Item Number 14 is a Public Hearing, request for a 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. I will open the Public Hearing. Staff comments first on the Conditional Use Permit. Shari? Stiles: Mr. Mayor and Council, this is for the property at the northeast corner of Franklin Road and Nola Road. . The property was annexed and submitted as a Preliminary Plat under the name of Sparrowhawk Subdivision. They are proposing an apartment complex on one portion of the property that is -- this property has not yet been recorded as a plat. The portion that they have detailed, a Planned Development Application for would be 'the area on the easterly portion of the plat for apartments. This is looking at the property from Nola and Franklin. You may have noticed some activity happening out there. The pond has been removed. They have had to remove a considerable amount of material out there. It was used as an old dumping ground for asphalt, concrete, heaters and who knows what else, so they had to excavate quite a bit of the property and bring in large volumes of fill to take care of that problem. It's located next to an industrial subdivision to the north. There's an appreciable difference in the elevations of this property and the adjacent industrial property. They are digging out some of that. Also the old Wooden Nickel is a little out parcel here on the southeast corner of the property or adjacent to the southeast corner of the property. You can see just how close it is to the Wooden Nickel here. They are proposing a 52-unit apartment complex. 1'm going to have to rely on the applicant's representative to -- as to what might have come up as any problems or issues that came up at the Planning and Zoning Commission. I don't have a position statement. I don't know if any of you have any position statement on any of the recommendations for this proJect. I think they worked pretty closely together to make sure that they submitted new drawings and would reach _ an agreement prior to getting to this point, which we: very much appreciated. As part of the original Development Agreement and the annexation and the Preliminary Plat, they will be required to construct all the perimeter landscaping prior to any occupancies on the site. This will involve clear down to Nola Road, the 35-foot landscape setback. I would like to hear discussions on what they will be doing with the metal buildings and how soon those will be removed as part of this project. There is also an existing house there that would need to be taken out as part of their improvements. It is a good location for high-density development as far as no nei.ghbors are likely to complain. We did receive one letter from the adjacent -- an Meridian City Council Meeting April 2, 2002 Page 34 adjacent industrial user. They want to make sure that their use is not the subject of complaints as they have been there for a very long time and would not like to have their rights to operate at that location infringed upon. They are proposing a clubhouse, a swimming pool, and basketball court -- tennis courts? A swimming pool? Okay. They have added some parking as requested by staff to allow for some additional parking next to the clubhouse area and for visitors. This is their Landscape Plan. They would need to meet the Landscape Plan as approved for the Final Plat. That would also need -- that would be constructed prior to any occupancy on the property. This, as a subdivision, does need to be recorded prior to applying for Building Permits in this area. They have submitted just a concept of the remainder of the property, how it might be developed. We did not have any detailed comments on this area, because we will see additional applications when those properties come in for actual construction and development. The elevations of the buildings. The clubhouse is a one-story structure. They have a two-story apartment building. This is just showing examples of what the commercial elevations might be and the offices. Staff would recommend approval of this project with all staff and agency conditions and meeting all terms of the recorded Development Agreement. ,Thank you. Corrie: Okay. Any questions for staff? Bird: I have. none. Corrie: Okay. This is a Public Hearing. The representative, please. Is the testimony you're about to give the truth, the whole truth, and nothing but the truth, so help you God? Ford: Yes. Corrie: Name and address for the record, please. Ford: For the record Ashley Ford, Hubble Engineering, 701 S. Allen Street, Suite 102 in Meridian. I'm here representing Sitzlar Real Estate Development this evening. The Planning and Zoning Commission recommended approval of this detailed Conditional Use Application for the Foothills Apartments with a few .minor modifications and these changes have been submitted as required by staff. The Commission also recommended approval of the conceptual uses for the remainder of the site, which includes various commercial, retail, and office uses. We have the understanding that we will have .come to in with detailed Conditional Use Applications with each building pad and have no objection to that. That was a part of our Development Agreement. We are in complete agreement with the conditions of approval and request your approval this evening. The one question you had regarding the buildings, when they will be removed, that is a part of our Final Plat -- the Final Plat approval that we would have to remove those prior to recordation of that. We will comply with all the conditions of the Final Plat and happy to stand for any questions. Corrie: Okay. Meridian City Council Meeting April 2, 2002 Page 35 Ford: Okay. Thank you. Corrie: Thank you very much. Clay McReynolds. McReynolds: Clay McReynolds, 8865 Vic Lane, Middleton, and I really have nothing to add. I would be available to answer any questions you might have regarding the apartment development. If you have any questions I'm here, but we are in agreement with the conditions that were agreed at the Planning Commission and we hope that you will approve them. Corrie: Okay. Any questions? Bird: I have none. Corrie: Okay. Thank you. Is there anyone else from the public that would like to issue testimony? Okay. Council, if there are no further questions, I'll entertain a motion to close the Public Hearing. De Weerd: Mr.' Mayor? Corrie: Mrs. de Weerd. De Weerd: I move we close the Public Hearing. Nary: Second. Corrie: Okay. Motion has been made and seconded to close the Public Hearing on the request for a Conditional Use Permit, 02-001. Any further discussion? Hearing none, all those in favor of the motion say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES Corrie: Discussion? Hearing none, I'll entertain a motion, on the request for Conditional Use Permit. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: In light of giving a facelift for the Wooden Nickel, I would move to approve the request for a Conditional Use Permit for the Planned Unit Development for a 54 unit apartment complex for the Foothills Apartments to include all staff comments and ask the attorney to draw up Findings of Facts and Conclusions of Law and Decision of Order. Meridian City Council Meeting April 2, 2002 Page 36 McCandless: Second. Corrie: Motion has been made and seconded to approve the request for a Conditional Use Permit. Any further discussion? Roll-call vote, Mr. Berg. Roll Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: All ayes. Motion is approved for the Conditional Use Permit. MOTION CARRIED: ALL AYES Item 15: Public Hearing: 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: Item 16: Public Hearlng: 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 .G'rove Road and south of East Wilson Lane: '. Item 17:' Public Hearing: 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: Corrie: Items Number 15, 16, and 17 are all Public Hearings on the Cooper Canyon Subdivision by Wildwood Development, LLC, east of North Locust Grove and south of East Wilson Lane. At this time, I will open the Public Hearing on all three, the request for annexation, Preliminary Plat and the Conditional Use Permit. We will hear testimony on all three if you wish and it will all be entered into the record. First, we will have the staff comments first. Mrs. Stiles. Stiles: Mr. Mayor and Council, this is for the property' that's located south of the Econo-Lube Subdivision. It's kitty-corner from D&B Supply. This, the Barger Mile property was previously approved as the Fountain Park Apartments. I'm not sure if that annexation has been finalized, but it also was zoned R-40. This is the new manufacturing facility for Butte Fence and Air Industries that manufactures the inflatable kayaks and canoes, is located immediately to the east here. The Jackson Drain runs immediately adjacent to the property on the southern boundary. There will be a pathway constructed along the property in accordance with the Meridian Comprehensive Plan and the Meridian Parks Department requirements. This is the property, as it currently exists. This is north of the property. They are proposing to subdivide the property into lots. The Preliminary Plat would include all these lots off of a common driveway and they are planning this in order that they may sell these lots individually to people interested in developing four-plexes. They will have a Meridian City Council Meeting April 2, 2002 Page 37 requirement to complete all of the improvements within the -- within the subdivision prior to occupancies on any of the buildings. Staff had originally made a comment about trying to incorporate this open space in maybe a more visible location. However, the Planning and Zoning Commission did take out that request as part of their recommendations to the City Council. We were concerned that there might be a tendency to have kind of a mish-mash of building types within the subdivision, but the applicant has committed to certain building types that they will be required to conform with as they build on the individual lots, so that it appears as a planned community and not as individual lots with widely ranging construction materials and designs. The pathway would be continued along the drain and would be constructed by the applicant. They would be complying with the conditions of the Meridian Parks Department. The elevations of the building that they proposing. They are proposing different types of buildings, three different types of elevations that would be required to be built within the subdivision. As long as they met or exceeded the requirements of these three buildings, they would be allowed to proceed with the Building Permit. Staff would recommend approval of this development with all staff and agency conditions. Corrie: Okay. Thank you. Questions for staff? Okay. Is the representative of Cooper Canyon Subdivision here? Please. Is the testimony you're about to give the truth, the whole truth, and nothing but the truth, so help you God? Semple: Yes. Corrie: Name and address, please. Semple: Mr. Mayor, Council Members, my name is Barry Semple. I'm with Toothman-Orton Engineering Company, 9777 Chinden Boulevard in Garden City. We have been working with the staff on this project and I have -- we have reviewed the item packets for all three of the cases before you this evening. We agree with the staff recommendations and recommendations of the Planning and Zoning Commission. I believe that the staff issued a brief position paper dated yesterday that clarified a few of the items that were included in the -- I believe the Preliminary Plat packet and the Conditional Use Permit packet. None of them substantial or have much of an impact, they are just more clarifications and a few of the items were -- the Planning and Zoning Commission required, as an example, submittal of a revised Landscape plan at least 10 days prior to the next hearing. We complied with that and that wasn't necessarily reflected in the packet, so the staff issued a position paper stating that that and one or two other conditions had been complied with. I don't have' any other testimony, although I am happy to answer any questions that you may have. Corrie: Okay. Questions? Bird: I have none. Nary: Mr. Mayor? Meridian City Council Meeting April 2, 2002 Page 38 Corrie: Mr. Nary. Nary: I guess am a little curious on this position statement from Mr. McKinnon and I don't know whether you can answer that or Mrs. Stiles, but what originally is recommended -- or what is the recommendation, it says the Commission is concerned because of the location of the open space. The fact there is no other additional playground, there is no common access and there isn't a whole lot to it and his statement simply just says they are proposing ten percent open space and a pathway. So why so little specificity? I mean I heard you say, Mrs. Stiles, and maybe I misheard it, but I heard you say they discussed it and we are okay with changing it. I guess I'm just concerned as to why there is such a tremendous change from the detail that was included originally to what's being proposed that we have now. Semple: I would be happy to comment on that. Nary: Sure. Corrie: Sure. Semple: Mr:" Mayor and Council Members, there was -- the original staff recommendation relating to that open space area was -- did have some concern, not only about the location of the open space, but also the size of it and whether or not there was actually 10 percent open space to -- as required by the ordinance. I gave testimony at that hearing with regard to the more detailed calculations. You will have to bear with me here, I'm trying to find the right -- here we go. It's in the -- Item 4 of the recommendations contained in the Conditional Use Permit packet. I guess I will -- I guess I will address them kind of in reverse order that -- the indented paragraph expressed some concern about whether there was, indeed, adequate open space and that -- requested that the applicant shall provide a corrected calculation for the open space that includes the common areas. I did make testimony that evening and with detailed areas, the total size of the project, the area of the lots themselves, the area of the parking lot area, and the area of the required buffers. The end result was a net of open space of one acre on an approximately six acre total site. I believe the number one was approximately 17 percent open space that was' -- and so that's why I had requested. There wasn't any discussion in this packet about that testimqny that I gave and that's why that portion of that item is stricken through by staff. Mr. McKinnon was the staff representative at that hearing that night, that's why he agreed "to indicate that in the position paper. With regard to the first paragraph, at the Planning Commission there was discussion about accessibility to the -- to that common area. There are now -- we have provided two open space links to that common area. Right. There is one and the other is at the other end of it, which provided the accessibility. There was an issue about -- if that open space had been flip-flopped with the three buildings immediately to the east of it. The Fire Department had concern about access to the buildings, because of the large open space in between the buildings and the parking area and so the Planning and Zoning Commission I guess did not take into consideration that recommendation to flip-flop it around, because of public safety Meridian City Council Meeting April 2, 2002 Page 39 issues. Then based on that, plus providing the two common area accesses to the open space, the Planning Commission was agreeable to that -- to that configuration. Nary: This is just a big patch of grass? Semple: Well, the other thing that they talked about was that there is a requirement to provide two amenities. One of the amenities that's proposed is the pathway along the Jackson Drain and the second one, by ordinance, the 10 percent open space qualified. They -- the Planning Commission did not feel that the applicant had an obligation to provide additional amenities, because they had satisfied the requirement of the ordinance to provide two and there were two qualifying amenities. Basically what they said was that if the applicant wants to put a playground -- you know, a tot lot or something in, that's their prerogative, but because the applicant had satisfied the two amenity requirements without a playground or some other facility, that they were not going to require it. Nary: Mr. Mayor? Corrie: Mr. Nary. , Nary: Mrs. Stiles, I just can't remember and I don't have a Landscape Ordinance with me, but is the 10 percent requirement -- isn't 10 percent the requirement of open space they are supposed to have? Stiles: Yes. Nary: But that can also be included as an amenity, even though it's a requirement anyway? Stiles: The 10 percent can be -- can be the amenity. Nary: Even though it's required by the ordinance anyway? Stiles: In a Planned Development they can go down to- five percent. The subdivision ordinance requires five percent, but if they provide the 10 percent, that can be included as one of the two amenities they are required to have. Nary: Thank.you. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I guess to take this conversation a 'little bit further, is this open space all designed as a storm water retention area? Meridian City Council Meeting April 2, 2002 Page 40 Semple: Yes. It's one of the facilities that will be provided. You can -- there are proposed to be four areas to provide for storm water management on the site, but they don't show up terribly well on this picture. You can see they are lightly shaded. There is a rectangle on that open space we have been talking about. In the front there is two small rectangular areas right there and then in the rear there is a small area right there. It's one offour areas. De Weerd: So is the applicant considering doing something a little bit more than just the grass? Semple: I think the revised Landscape Plan that was submitted does show some additional landscaping on there and -- De Weerd: Well, I know, I noticed three trees in there, but I mean to make that amenity actually an amenity, other than just grass and a storm water retention area, will there be something in addition to that? Semple: I think that's probably up to the applicant at this point. De Weerd: And~hat's why I'm asking. Semple: There is no immediate plan to do anything in addition to it. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I note that there is 54 units are that correct? Semple: There are 22 lots and they are four-plex units, so there is a total of 88 units. Nary: Eighty-eight units and how big are these units? One bedroom? Two bedroom? Semple: He said that they vary. Two bedroom, two bath.. ' Nary: So these are essentially 88 units that are for small families or single people, elderly people? . Semple: Yes. I think that's probably the target. Nary: A couple, 300 people might be living in there with children and such and all you have is a big patch of grass that's a storm water pond that's the biggest one on the site. You don't have any plans for anything else? It doesn't seem like very usable open space and I think that was the intent of the amenities. Usable open space. It's usable, but it's not much of an amenity if it's just a big patch of grass that's swampy part of the year. Meridian City Council Meeting April 2, 2002 Page 41 Semple: Well, not necessarily. The storm water management is -- can come in a lot of different forms. We are investigating right now various options for that, one of which you may not see any facility there, because it's underground, in which case it potentially could be a level lawn area is one option. It could be a mild depression as another option. Any option that is employed there, there are requirement that any accumulated storm water has to drain within a rather short period of time and so I doubt that it's going to be anything that's going to be swampy. Nary: How big is it? Semple: We are in the process of designing it right now, but again -- Nary: How big is it there on the plat? Semple: Boy, you know, I can't give you an exact answer. Nary: It appears to be" as big as at least -- I know that may not be exactly the scale, but it looks about ~s big as four lots. Is that-- Semple:, That shaded area was -- is for the purposes of -- Nary: I mean the entire piece. Not just the shaded part, but the entire -- isn't the entire piece the amenity? Semple: Yes. Nary: Okay. At least on the map -- on the plat that's presented it appears to be about as big as four lots. Is that approximately how big it is? Semple: Yes. It looks like it could be three or four lots -- the size of three or four. The lots are -- I think the lots are average about 5,000 square feet, so that area is about 15,000 square feet. Bird: A third of it. Semple: Pardon me? ~ Bird: About a third of an acre. Mr. Mayor? Corrie: Mr. Bird. Bird: Sir, you say that you plan on -- it's going to be for elderly -- the development is going to be -- it's going to be open to everybody? ' Semple: Right. That's my understanding. Yes. Meridian City Council Meeting April 2, 2002 Page 42 Bird: Is there -- I mean I kind of have to agree with Councilwoman de Weerd, it's a third of an acre, but you know, just green grass. You're going to have a lot of kids in there. I can see that development having a few children. I would hope you could have some -- you know, even a basketball court would give it -- or a tennis court or -- on asphalt or a little playground equipment. I would certainly think would be an addition to the Planned Development Unit, so-- Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Yes. I think I concur with Mr. Bird that -- I mean I don't see this as really very adequate open space or an adequate amenity if it's just a big patch of grass. I think it's nice to have that and if this is what this development is, it's going to need some of that. Just to have blank open space is not really going to be very much of an amenity at all. I do think that there, is going to have -- and I guess you can go back and talk to the property owner, but I mean I think you're going to have to commit to doing something more than that, just the grass, and the drainage. Unless you want us to tell you what wevvant you to put there -- I mean you can tell us what you want, but I don't know that you want us to tell you what to put there. Semple: It looks like the applicant wants to come up and address it. Corrie: Is the testimony you're about to give the truth, the whole truth, and nothing but the truth, so help you God? Findlay: Yes, it is. Corrie: Name and address, please. Findlay: Chris Findlay, 145 Horizon Drive, Boise, Idaho 83702. Well, we thought we were just complying with the open space and the ordinances that you guys have written. That's why we have what we have there and that we actually have 17 percent open space, not 10 percent open space, and -- and that Commissioner Borwp thought that with the added of the pathway on the Jackson Drainage area and everything was also the other part of the major amenity. They were fine with it and so we are just complying with what you guys have said we should comply with and now you're saying we need to add more, but then that's not what the rules are, that's not what the ordinance says. Nary: Mr. Mayor? Corrie: Mr. Nary. Meridian City Council Meeting April 2, 2002 Page 43 Nary: I think the ordinance says that we have to decide if it's an appropriate amenity. That's what the ordinance says. We do get to decide what's appropriate or not and I guess what I'm saying is it's not. Just having the open space is nice, but what you're wanting to build there and what you're providing as an amenity for it, the pathway is a very good amenity. The blank open space isn't a good amenity. This is an apartment complex that is going to have families with children and you have nothing for these people to do -- to use there, except blank ground. It isn't outside of the rule, that's what the rules are. We decide whether or not it's adequate and what I'm saying at least for me it's not. It isn't anybody changing the rules, the Commission makes a decision, we review it, and we make a decision. Findlay: Okay. Nary: Are you willing to do anything more than what you have proposed right now? Findlay: Yes. We can look at it. I mean I don't know what you guys want us to put in. I mean -- I mean that's whc:tt we are trying to decide what we want to do, but -- Nary: Would y,?u prefer we continue it, so that you have an opportunity to -- Findlay: ,No. Nary: -- meet with staff and see what was proposed or would you rather we reject it and start over? Findlay: We probably would put like a basketball court is probably what we'd like to do. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: Mr. Findlay, you have complied with the ordinance and that ordinance was -- the open space is basically I guess designed for subdivisions where you have houses -- single-family houses with yards, playground equipment in.some yards and stuff. We are jamming into an apartment complex or four-plexes,' whatever you're. going to call it, and you're going to have children in there. To me it looks like the only thing they are going to have to play on would be that open space there or the asphalt in the parking lot. ~ecause, you know, a four-plex and those small of lots you're not going to have a lot of yard. I'm like Mr. Nary, I mean, you know, I think that -- that we -- anything that you would provide beyond the open space -- and I -- you know, I applaud that you have the 17 percent that you're not required, but -- with the pathway down and like that. I would think that to make it marketable and attractive for you, that if you do put in some amenities like a basketball court or -- you know, it doesn't take much, a nice swing set or something like that for younger kids, a little slide, I think it would be very, very helpful from both your aspect and our aspect. Meridian City Council Meeting April 2, 2002 Page 44 Findlay: So do we have to state what we are going to have to put in tonight? Bird: For me? No, not for me. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: Mr. Findlay, I guess I would like to take it a little further. As you saw of the application before this, the amenities went to serve the community, which was their apartment complex. These are small little communities and that's how we kind of view them. When the Landscape Ordinance was written it does encourage drainage in your open space, but saying that drainage fills as an amenity without something additional to it to me is not really the intent of what that ordinance states. You know, during this process with the annexation and the CUP that we have a little bit of flexibility to try to make this, indeed, something that is going to service the community that you're trying to build and make.it an amenity to our community as well. What -- we are really not trying to make a hard time for you, but we also have to make sure that what is built in our communities is, indeed, going to be an asset to the City of Meridian. Its citizens and the. Citizens that you're going to house and so we are not trying to be difficult, but we do know in apartments that those kind of amenities are a must and they are a must to support the people that you place in those apartments. I guess an additional concern of my mine is that they are behind those apartments. You know, I understand the Fire Department's need to have accessibility to those buildings, but -- and as we start discussing that kids will be back there. They are also going to be hidden and I don't know if our Chief of Police has any opinion that he would like to share on those kinds of issues, but I do know that to be responsible I think we need to talk about hiding an amenity. Findlay: Well, we don't -- what we perceive, though, is that this is all access and you have cars and everything, too, if you flop those things and have all the stuff out in front, too, then you also have the ability with the buildings around them it gives a little more protection. That kind of situation we felt was better for, you know, kids playing in a little safer area than where there is traffic and cars coming in and doing things like that, too. De Weerd: Did you talk about instead of flipping it, putting the apartments on the other side and havi!1g kind of a bulge out with the street? Findlay: Well, we tried to do some just even changing the roads and -- just for traffic flow and that kind of stuff, just for that -- for that situation. We thought we had a better buffer zone than looking out over Airs. We tried to minimize the number of houses on -- against the commercial section of it. Yes, we thought about that and we thought we had a better product with what we have here and with the protection of the buildings around for the kids and stuff. I don't have a problem putting -- if we need to put another amenity in or something like that, I don't have a problem with doing Meridian City Council Meeting April 2, 2002 Page 45 that. If we are going to start changing the plat and that kind of stuff, then I have a problem with that, because I think we have a good design. It buffers us between a commercial situation with Butte Fence and Airs and we didn't want those -- we are trying not -- to minimize units overlooking all that stuff, too. I mean this way they are looking over the open and that kind of stuff. De Weerd: Well, I mean the straight shot of the road -- Findlay: Yes so we wouldn't have a straight shot of road. That's why we put it in this sort of path. It slows traffic it does things like that, too. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Just so you understand, Mr. Findlay, what we are looking at, as Council Member de Weerd said, this is a sr:nall community and we don't have recreational opportunities for these people to use. They are going to have to get in their car and drive somewhere else to do it and there is nowhere for them to walk very near to this location at this time. They're right behind D&B Supply, they are in an industrial area, so if all you have. is a big patch of grass, there is nothing else for the people to do. They are going to have to drive in their cars to go somewhere else to go do something and what we are trying to do is provide something so we don't have to have more traffic on the roadway just for people to get out and do some recreational things. You have enough space in that approximately 15,000 square feet to do something small, whether it is a small tot lot type of amenity or whether it's a basketball court or something else. You have the ability to put something there, still have a lot of open space, but yet provide them some opportunity so they don't have to drive somewhere else to do everything and that's what we are trying to accomplish here. Findlay: And what I'm telling you is we are willing to do another amenity and get on with what we need to do, too. Corrie: Mr. Findlay, the way I'm looking at this, Council.is probably in agreement that you need to do something. I think what -- if what it comes down to a vote for me, I want to see what you're going to do. You tell me you're going to do something and then try to make it up then, what can you do in that 1,500 square feet that would be there? ~ Findlay: Sure. Just a second here. My partner wants to talk, too. Corrie: That's fine. Is the testimony you're about to give the truth, the whole truth, and nothing but the truth, so help you God? Callister: Yes. Corrie: Name and address, please. Meridian City Council Meeting Aprll 2, 2002 Page 46 Callister: David Callister, 7011 Holiday Drive in Boise. Thank you for letting me address you, too. We concur with your concerns. We weren't aware of these concerns prior, because we tried to address all the concerns that had been brought to us. You make an excellent point. One thing that I want to bring up and I think it is important is we not only have this area here -- and it is -- while there is going to be a holding pond in that area, a substantial part -- as a matter of fact, the major part of that area is not going to be a holding pond, it's a park. That area is going to be designed and set aside just for a park, even though we can use a holding pond as part of it like we are required to. As far as a patch of grass goes, one of the things we need to be aware of is people use things in different ways. That patch of grass may be dreary to some, but it may be the football field or the baseball field, the kids are throwing their balls -- it may be grass, but for some people it's very viable and, frankly, preferred. That's important. Now we are not only using this area, we have some additional areas in the front and we also have, along with our pathway in the back, some additional areas there that people can utilize and that the pathway gives us access elsewhere. We would like to commit tonight to a sport court. We can put a sport court, which is a hard surface court, there, So now the children can also -- or whoever can also have, in addition to the playing area, which I think is important for them to have. I don't want a hard surface a' huge portion of that, but there might be -- and as I look at this as you guys are bringing it up to us, it dawns on us that it would make sense to have additional hard surface areas for tricycles, bicycles, skateboards. There are other kinds of uses that people can use, playing with balls that would be very viable. We would be happy to put a sport court in addition to the grassy area in there and so hopefully what we would be providing is an enclave atmosphere that exceeded the landscaping percentage that had hopefully a park grass opportunity -- open grass opportunity and a sport court and a pathway. Hopefully that not only would comply, but hopefully would be something that would be appropriate and pleasing to the Council and the City. Corrie: See, what you're saying there is you have kids in there. If they don't have someplace to go, they are going to go someplace and if there is not anything there, they are going to start doing things that they shouldn't. I think you're realizing that now and it's an opportunity that you can give you a better selling point for people and, you're right, grass is important. Not everybody wants an asphalt basketball court. I think what you're saying satisfies what I'm asking for. Callister: Well, Mayor and Members of the Council, you have certainly brought up a legitimate point and it's a point that we hadn't considered, because we were -- frankly, because of a'lI the details we had. Complying is one of the things we focus on. Now after compliance sometimes it's easy for us to glaze over and oversee -- you know, see other things. That would be a good addition, not only to comply, but to be a good addition for the entire subdivision and, again, hopefully we create a situation where we can meet additional people's needs to recreate on site and hopefully that would be suitable for the needs there. Corrie: It does for me. Meridian City Council Meeting April 2, 2002 Page 47 Bird: It does for me, too. Callister: If there are any other questions I would be happy to answer them. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: What is the distance between your buildings? You know-- Callister: Mr. Mayor, Councilwoman, we don't know, because we have submitted four different sites -- four different plans for buildings and they are different sizes. There is minimum setback of five feet, so it would be 10 feet. If you use a full footprint, which is unlikely, but if you could possible use a full footprint, this would allow a 10-foot -- five-foot setback with 10 foot between buildings. It just depends on which building size. We also want some one-bedroom units on there and those would be smaller buildings on there. It depends on what buildings are put on each lot. De Weerd: AIl"right. Are you going to be fencing in this development? Callister: Mayor and Councilwoman, no, there is no interior fencing. De Weerd: Okay. So you would be able to view -- as you're driving through the parking lot you would be able to get a view there between the buildings into the open space to have some sort of vision in there? Callister: There would be -- yes. You certainly would be able to see through far better than what you see there, because you see maximum footprint block outs there. I can't envision a situation where the maximum footprint would used. Yes, that would be more permeable visually than it looks like there and there is some value to having an enclave in an environment like this where you feel a little bit more secure in having your children present versus having it where it's so accessible to the public that you don't know how far away you want your children. There is some value to that in a community and hopefully this enjoys some of that value. De Weerd: I don't know if you would really qualify that as accessible to the public, but-- Callister: Well, I apologize, I didn't mean to say that. What I meant was the inaccessibility of the public outside of the community has some value to the community, because there are folks here -- you know, if you have children, there are times you want them to play in an environment that -- see, this will have a fence on one side. You will have private property around it, except for reasonable accesses -- you can be able to view or secure those accesses from a parent"s point of view and feel reasonably secure that strangers aren't at least driving by and having access to your children if they are playing outside. There is some value to that, too, for a community. Meridian City Council Meeting April 2, 2002 Page 48 De Weerd: And you're referring to the fence, then, on the property line? Callister: I am. De Weerd: Okay. Thank you. Callister: Again, if there are any questions for me and also our -- obviously, our engineer is here, so if there are any technical questions you can ask him. Corrie: Any other questions on -- thank you. Bird: Mr. Mayor? Corrie: Yes. Bird: Shari had a question: Corrie: Shari. Stiles: Mr. Mayor and Council, I would just ask that if you approve this tonight that you define what a sport court is, whether that's a slab of asphalt or what it might be, if you're looking towards approving this. I also had one question about what kind of sinking fund you're going to establish to maintain this parking area. If all the lots are to be sold off individually, how do they propose maintaining that parking area and whether they are going to have a lot of owners, a subdivision association, to have dues collected so that they can maintain those areas? So we have central location to go to instead of everybody passing the buck and saying, well, it's not our job. We will have a separate contact person and do you have that fund -- will you have that established at the outset. Corrie: I think we have the -- do you want to answer-- Semple: Mr. Mayor, Council Members, there will be a Homeowners Association established for this project. Corri3: Okay. What is a sports court? Callister: Mr. Mayor, generally a sports court is a hard surface playing area. We envision a concrete playing area and -- maybe we don't envision a concrete playing area. A hard surface playing area -- a hard surface playing area would be a playing area suitable for bouncing basketballs, skateboards, trikes, bikes and those kinds of things. About -- usually a sport court is about half of a legitimate basketball court of size, so there are multiple uses and it is some sort of a hard surface, which is an asphalt or a concrete surface. Corrie: I'll ask our local sports expert what do you envision that as? Meridian City Council Meeting April 2, 2002 Page 49 Bird: A sports court? Corrie: Yes. Bird: I think what they view as a sports court is about right. They make -- they are approximately about half the size of a full basketball -- you can have basketball on it, you can play volleyball on it, you can skateboard -- if they have got enough room, you can run a little more area. It would be nice, but that's basically, what it is. You have got basketball and you have got volleyball, you can skateboard, you can tricycle. I don't know about concrete, but -- I suppose concrete would probably be as good as asphalt. There is other things they use on tennis courts that there is -- I seen on sports courts and, you know, I don't know -- it's kind of a mixture of -- it's concrete with something on it. I don't know what it is but it's very durable and lasts. Asphalt you will repair quite a bit. Concrete gets slick, you know, collects moisture, it's slick and that isn't good, so -- but I think that's basically what I would call a sports court. I think he's about right. Corrie: Give you some ideas there. Shari, anything else? Does that answer your question or do you want it more specific? Stiles: I guess f would like it more specific. Are you providing basketball standards? Are you g'oing to make any requirements as to what that material is or -- if you don't get into detail it's going to be very difficult for the staff to determine what's acceptable and what's not. We might be tougher than you guys, though. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Mr. Bird, this sounds like just a hard surface, so wouldn't they have to put in a basketball hoop or -- Bird: Oh, yes. You put in a basketball hoop and stuff. Yes. It's basically what we have done in our Parks Department, only we have went and done a complete basketball court with hoops at both ends. Now we went to -- now at Chateau to what -- and I can't remember what they call it, names for us old folks, we can't remembe'r. We have a basketball hoop, but they have got -- it's kind of semi-circular and they have got two or three hoops set up on this same thing. There is a lot of things- you could do and it's just a nice ha'rdsurface where you have a basketball court or you can play volleyball or badminton or you come on -- the kids can come ride their trikes, bikes, or roller blade or -- Nary: So would it be your thought, Mr. Bird, to help the staff in determining when they come back with a revised site plan to show the exact location. That it be -- that what they have to be compare it to or what the developer has to compare it to, the designs of Meridian City Council Meeting April 2, 2002 Page 50 other parks in our community, something like that? Would that be adequate, do you think? Bird: Yes. I think that -- Nary: I think if we just have a hard surface -- Bird: Oh, no, you got to get the size. I think you have got to get the size. They are saying that's approximately 15,000 square feet? A regulation court, basketball court, is 94 by -- well, 53? No. I mean what's a standard -- 94 by 53 -- De Weerd: Just say regulation. Bird: Yes. That's taking up a lot of square footage out of their 15,000 square footage. I would say at least a half of a regulation basketball court. Half line in. That would be a pretty good size. I'd like to see about a third of it, 5,000 square feet but another question I think we've got that we need to know that the drainages are -- or how much has that got to be drained to keep the drainage. That's going to dictate a lot of the size to put down as far as -- De Weerd: . Because we -- in Bear Creek we do have that basketball -- whatever the term -- basketball court in the drainage. Bird: That's right. We do -- De Weerd: So I think they will be okay wherever they put it. Semple: Yes. I'm just approaching here to see if there was anything I could add to it. Councilman Bird, you had suggested 5,000 square feet of hard surface. That's approximately -- Bird: About a third of that. Semple: But that would - Nary: I say that would be nice. That would be -- Semple: If the dimensions of the basketball court are -- and I don't know exactly what they are, but-if they are about 94 by 50, that's full court. If we were to g6 to a half court that would be about 2,500 -- Bird: I said 5,000 was wishful thinking. Semple: Okay. Is a half of a court acceptable because that's approximately -- that would be approximately 25 -- Meridian City Council Meeting April 2, 2002 Page 51 Bird: Well, a full court is -- Semple: Well, the only problem is -- that I can foresee is in that -- as I said before, that we are in this process of evaluating several different options for this drainage facility. The only -- if a portion of storage is a shallow, sloping ponded area, taking up a full third of that area might inhibit the ability to employ that option. We are more than happy to do half a court, if that's acceptable. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: You see why I asked if you wanted to design it and come back to show us versus us designing it for you here. You can see why that's a problem. That's why I asked that before. Would that be -- I mean I think you understand what we would like to see. We want to see something more than just grass. I understand your concerns about drainage and trying to make sure that the open space is going to work with what you would like to do and have adequate drainage and all of that. Wouldn't it make more sense for you to take that back and come back in two weeks and show us what you'd like to do with 'at least a preliminary revised site plan, you would have your drainage question,answered as well? De Weerd: That would be my preference. Semple: If I might, I don't mean to diminish the issue, because I do know that it's important. I think we have got a project here that I think is what the city wants and complies with all of the requirements of the city, not withstanding the issue of this court. We'd like to move forward with the process and would it not be an acceptable situation to make the approval of this additional amenity a condition that needs to be satisfied prior to submittal of a Final Plat? Nary: Well, the problem, though, is if we don't answer the question completely at this juncture, we are likely to leave it in the hands of the staff to decide if it's adequate. That puts the burden on you to satisfy them. What Mrs. Stiles is asking, which is very reasonable, is they want some guidance as to what it is. We can give them some guidance, but then you're maybe hassling over it longer than two weeks' then if you go back with some idea of what we'd like to see. Come back here in two weeks, we all understand what the rules are and what it's kind of going to look like and the staff has a road map to follow, you have already committed to what you'd like it to be. Everybody is happy and you get it built. If we leave it to the staff, you may be back here again saying we can't agree as to what it is. Semple: Isn't it the desire of the Council -- it sounds like that if we provided a half of a basketball court with a basketball standard and it's a hard surface, isn't that really the -- it sounds like that's the desire and -- Meridian City Council Meeting April 2, 2002 Page 52 Nary: Where is it going to go? Bird: Mr. Mayor? Corrie: Okay. Bird: Let me ask -- throw out a question, Mr. Nary. Why couldn't we enact upon this and have the attorney draw up the Findings of Fact and Conclusions of Law. They will come back for passage and before they come back for us and we pass -- we accept them. We -- I would like to see -- I'm with you guys, I would like to see a scale drawing - - scale that, you know, shows exactly where everything is going to sit. At that point you either -- the Council would take a look at it and say, yeah, that's fine -- De Weerd: Then you're entering new -- Bird: No, you're not entering new -- you're going along with the process, but you can turn it down at that point. Nary: We could -- I guess to follow up -- and I'm sorry, Mr. Mayor. I guess to follow up on that, Mr. Bird, what we could do is I guess we could -- if we are all in agreement with that, . again, they are taking their chances. If we are going to say it's going to be pursuant to the site plan they provide and we are going to look at it and then if we don't like it, then we are going to set it over. You know, I agree that would at least save a little bit of time if we agreed to do that and -- but you're going to have to get it to where everyone would like it and we may -- again, it may not -- it may not save you anytime at all, but we can certainly try that. Semple: And I think that with the direction that we have gotten from the Council, it sounds like -- I think, if I may. It sounds as though if we provide an area -- a hard surface area that's approximately half the size of a basketball court and there is a basketball standard associated with it, then the only thing is really the detail of what the material is and where it's located. I think -- I think as far as the location, it will be -- and I completely concur with coming back with a scale drawing and that kind of thing. I think the location is going to be in that 15,000 square foot area. That's the general location of it and I think as long as it's reasonably accessible, which it will be, to the homeowners in the subdivision, you know, I -- I guess I feel confident that we can work within that suggestion that Councilman Bird made. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: You know, like Mr. Nary said, you're taking a chance and I don't see any -- I really don't see any problem with it. I think it needs -to come back with something within that -- and we understand it's within that location. We need something -- a hard court between 2,500 and 3,000 square feet and have it scaled out so we can actually see Meridian City Council Meeting April 2, 2002 Page 53 and -- you guys got to market this. We don't have to market it. None of our money is in it. It's to your benefit to do a good job, so -- I have no problems passing on this, on the Findings of Facts and Conclusions of Law and then with the requirement that before they are passed that we will see a scale drafting of the amenity. Corrie: If you want to take that chance. I mean -- Bird: They would be taking a chance. Corrie: It's up to you. I mean -- Nichols: Mr. Mayor? Corrie: Me Nichols. Nichols: Mr. Mayor and Members of the Council, since I have to prepare the Findings, I want to make sure that I understand what it is that you're asking me to do. Would you be asking that there would be an additional condition that they submit a drawing, scale drawing of this sport court and its location within that open space? Are you saying that that's what they have to do -- I mean that's a requirement that they submit -- that they provide a sport court with a basketball standard approximately 2,500 to 3,000 square feet to be located in the 15,000 square foot open space and they provide those drawings before you will approve? Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Mr. Nichols, what I was going to suggest is that we -- taking basically Me McKinnon's position statement that we amend Item 4 of his recommendation from Planning and Zoning Commission to read somewhat that it would say: Two amenities are required as part of the Planned Development. The applicant is proposing in excess of 10 percent of open space and the pathways are two amenities. Additionally, the applicant will also provide a sport court of approximately' 2,500 to 3,000 square feet within the 15,000 -- approximately 15,000-foot common area open space. The applicant will provide a revised site plan to be submitted with the findings, indicating the location of the sport court, as well as the material it's to be constructed: This sport court will be approximately half the size of a regulation basketball court, will cbntainat least one basketbail standard or other play equipment that may be acceptable to the staff -- I guess that's about it. I was thinking to simply amend the Item 4 that was already suggested and that would include the revised site plan would be a part of that finding. Nichols: Mr. Mayor? Corrie: Mr. Nichols, Meridian City Council Meeting April 2, 2002 Page 54 Nichols: Mr. Mayor, Members of the Council, that's fine with me to do it that way and you, have got down in the minutes so we can refer to it, if that's your pleasure. I would just ask that you make it a condition of the annexation and zoning, as well as the Preliminary Plat, if you choose to do that. Nary: Or to and -- De Weerd: A basketball standard and -- Nary: Oh. A basketball standard and other play equipment? De Weerd: Or additional. The basketball standard should be -- Nary: Right. De Weerd: -- a given. Corrie: Any comments? Semple: That's~cceptable to us. Corrie: Thank you. Is there anyone else that would like to issue testimony to that? Okay. Hearing none -- De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I move we close the Public Hearing on Items 15,16, and 17. Bird: Second. Corrie: Motion has been made and seconded to close the Public Hearing on Items 15, 16 and 17, which is the request for annexation and zoning, Preliminary Plat, and Conditional Use Permit for Cooper Canyon Subdivision. Any further d[scussion? All those in favor of the motion say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES Corrie: I think we have pretty well discussed it. Any staff comments about what's been said? Okay. More discussion? Bird: I have none. Nary: Mr. Mayor? Meridian City Council Meeting April 2, 2002 Page 55 Corrie: Mr. Nary. Nary; Do you have all -- because I wrote down some if it. Were you able to get all of that -- Stiles: Will they be coming back to you with anything at all? Nary: Yes. Stiles: Okay. Nary: As part of what the conditions will be is that they will have to provide a revised site plan, including -- to scale to include all of the things that we discussed as to the nature of the court, as to what it's going to be. They will provide what materials it's going to be, that it has to have a basketball standard and any other additional equipment that they want to have included with that. That would be for the staffs approval. Yes, they have t~ have it before we approve the Findings. Stiles: Okay. Corrie: Thatwilr be on April the 16th, correct, Mr. Attorney? Yes. All right. Okay. I guess -~ hearing any more discussion? Okay. I'll entertain a motion on the annexation and zoning. Nary; Mr. Mayor? Corrie: Mr. Nary. Nary: I would move the approval of AZ 02-002, request for annexation and zoning of 5.81 acres from RUT to R-40 zone for the proposed Cooper Canyon Subdivision by Wildwood Development, LLC, to include all staff and Planning and Zoning comments and also to include -- I think it's Council's suggestion that -- as we discussed ad nauseam here. The conditions regarding the amenities and that it be somewhat as I stated previously -- I couldn't probably repeat it again, but that two amenities required as part of the Planned Development, the applicant is proposing in excess of 10 percent open space and the pathways are two amenities. Additionally, the applicant will provide a sport court of approximately 2,500 to 3,000 square feet within the common area open space as shown on the site plan. The applicant will provide a revised scale ~ite plan showing the location of the sport court, including the material that it will be constructed of. That it will be approximately half the size of a regulation basketball court with at least one basketball standard and other play equipment that's acceptable to the staff and all of that will be provided prior to the approval. Does that sound about right? Bird: That sounds agreeable. McCandless; Second. Meridian City Council Meeting April 2, 2002 Page 56 Corrie: Okay. There has been a motion and second on the motion. Any further discussion? Hearing none, roll-call vote, Mr. Berg. Roll Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: All ayes, Motion is carried. MOTION CARRIED: ALL AYES Corrie: The Preliminary Plat. Request for Preliminary Plat. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I would move approval of PP 02-001, request for Preliminary Plat approval of 22 building lots and 2 other lots on 5.81 acres for the proposed Cooper Canyon Subdivision by Wildwood Development, to include all staff comments and recommendations from the Planning and Zoning Commission, including all comments and discussion this evening as well regarding the plat. That they will provide a -- I guess a revised site plan as part of this plat as well, and for our Counsel to prepare all . Findings of Fact and Conclusions of Law and Decision of Order. 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, aye. Corrie: All ayes. Motion is approved on Preliminary Plat. MOTION CARRIED: ALL AYES. Corrie: Now we have the request for a Conditional Use Permit. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I move the approval of CUP 02-002, request for a Conditional Use Permit for 22 four-plex units in a proposed R-40 zone for Cooper Canyon Subdivision by Wildwood Development. To include all staff comments as well as the position statement by Mr. McKinnon, the Planning and Zoning recommendations, as well as the amended Condition 4 as previously stated regarding the sport court, revised site plan, and all Meridian City Council Meeting April 2, 2002 Page 57 information provided prior to final approval of the Findings of Fact. For Counsel to provide Findings of Fact and Conclusions of Law and Decision and Order. McCandless: Second. Corrie: Motion is made and seconded for the Conditional Use Permit for approval as stated. Further comments? Hearing none, roll-call vote, Mr. Berg. Roll Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: All ayes. Motion is approved for the Conditional Use Permit. MOTION CARRIED: ALL AYES Item 18: Meridian Development Corporation Board of Directors - Craig Slocum. Corrie: All right. Item 18 'is the last item, is a recommendation for the replacement on the Meridian Development Corporation Board of Directors. My recommendation to the Council is Craig Slocum, who is an Architect. Engineer with the firm CSHQA. I think you all got the paper this afternoon and there is a memo going around that has his picture on it if you don't remember. He's been coming to the meetings as an ex-officio on his own accord and is quite interested. He lives next to our illustrative City Clerk at 510 East St. Kitts here in Meridian. That would be my recommendation to the Council. I will stand for any questions. Okay. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I would move that we approve Craig Slocum as the seventh member on the Meridian Development Corporation and notify him he's expected at 7:30 a.m. tomorrow morning. You can call him. Bird: Second. Corrie: All right. Motion has been made and seconded. Any other comments? Hearing none, all those in favor of the motion say aye. Opposed no? Motion is carried. MOTION CARRIED: ALL AYES Corrie: All right. With that I will -- no other thing to come before City Council on the agenda, so I will entertain a motion to close the meeting. De Weerd: Mr. Mayor, I move we adjourn. Meridian City Council Meeting April 2, 2002 Page 58 McCandless: Second. Corrie: Motion has been made and seconded for adjournment. All in favor say aye. At 10:08. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 10:08 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: 1- / Ib'/O~ DATE ~ ..-, ~"'~. ...~;-< ATTESTED:~~~~~ ',; WILLIAM G. BERG, JR., CIT CLERK " [' ~l March 28, 2002 MERIDIAN CITY COUNCIL MEETING APPLICANT April 2, 2002 ITEM NO. ,S-o REQUEST Agreement with Qwest for Qwest Digital Switched Services at the new Meridian Police Department building 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 HIGHW A Y 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 m.rfI9~ t1[) I' v' Contacted: Date: Phone: Materials presented at public meetings shall become property of the CRy of Meridian. .- ,"-. ,e h ), . ~ .\. .... ., , r " . , ,0'" . , , J ':-. j, '.J , .,f' .' 01' . " , I .' > , i. 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"J' ~: , , , Agreement Number 120920 Billing Number 2088953300 QWEST DIGITAL SWITCHED SERVICE RATE STABILITY PLAN FOR BASIC AND/OR ADVANCED TRUNKS, DID TRUNK TERMINATIONS AND DS1 This is an agreement between CITY OF MERIDIAN POLICE DEPARTMENT ("Customer") and Qwest Corporation ("Qwest"), for the provision of the Qwest Digital Switched Service ("Service"). Throughout this Agreement, Customer and Qwest may individually be referred to as "Party" and/or collectively as "Parties". 1. SCOPE. Qwest shall provide and Customer shall purchase Digital Switched Service ("Service"). Qwest supplies Customer with use of digital DS1 exchange telecommunications Service facility and common equipment, linking Customer's premises to Qwest's local exchange switching office. Service includes: 1) use of digital facility (transmission capacity at a maximum speed of 1.544 megabits per second); 2) use of common equipment to interconnect with Qwest's local exchange switch; and 3) use of Basic and/or Advanced flat usage trunks and DID trunk termination for access to the local exchange and toll networks. Qwest provides Service in accordance with the applicable Tariff, Price List, Price Schedule, Administrative Guidelines, and/or Catalog ("Tariff') which governs Service in the state Service is provided, incorporated herein by this reference. Where any term or condition of this Agreement conflicts with the Tariff, the then current Tariff shall prevail. 2. TERM. 2.1. This Agreement is effective on the latest signature date and expires Thirty-six ( 36) months from the date Service is available to Customer under this Agreement, as evidenced by Owest records ("Term"). 2.2. If Owest continues to provide. Service after this term without a further Agreement, the provisions for month- to-month service inthe Tariff will apply. 3. SERVICE PROVIDED. Qwest will provide and maintain the Service terminating in the locations and quantities "noted below. 4. BILLING FOR SERVICE. Customer shall pay each bill in full by the payment due date. If late payment charges are applicable and permitted by law, they may be assessed and billed at 1% percent per month or the highest lawful rate, whichever is less, on the unpaid balance. 5. CHARGES/LOCATION. 5.1. Charges shall commence upon provision of Service as evidenced by Owest records. Customer agrees to pay the following charges for Service: CUSTOMER'S ADDRESS : 1401 E WATERTOWER MERIDIAN QWEST'S ADDRESS MERIDIAN MERIDIAN MONTHLY RATE NON~RECURRING QTY USOC EACH RATE EACH 6 TY 403 23.17 36.00. MONTHL Y RATE NON~RECURRING QTY USOC EACH RATE EACH 14 TY4C3 70.17 61.00 QTY USOC MONTHLY RATE EACH NON-RECURRING RATE EACH [[ 7ZD3 126.90 550.00 Total Rate Stabilized Monthly Recurring Charge: Total Nonrecurring Charge: $ 1248.30 $ 1620.00 5.2. Customer shall pay Owest all applicable taxes, usual and customary surcharges, and all government imposed fees and charges that relate to the Service or installation rendered hereunder. The charges for Service under this Agreement, including any and all discounts to which Customer may be entitled, will be offered and charged to Customer independently from and regardless of the Customer's purchase of any customer premises equipment or enhanced services from Owest. 6. SERVICE CHANGES. 6.1. MOVES. Customer may move the physical location of all or part of Service to another location within the same Owest intrastate intraLATA serving area as this Service provided the following conditions for the move ("new service") are met; 1) the new service is provided to Customer by Owest; 2) Customer advises Owest that the requested new Service replaces existing Service; 3) Customer's requests for the disconnection of the existing Service and the installation of the new service are received by Owest within thirty (30) calendar days of each other if service is in New Mexico and "at the same time" if service is in any other state; 4) Customer requests Qwest to install the new Service on or prior to the disconnection date of the existing Service; and 5) Customer agrees to sign appropriate agreements and to pay all of the then current recurring and nonrecurring charges related to the new service. 6.2. ADDITIONS TO SERVICE. Customer may request additions to Service and Qwest will supply such additions to Customer, subject to the following conditions: 1) Service under this Agreement may be added up to twelve (12) months prior to the expiration date of Agreement and will be at the applicable state monthly recurring and nonrecurring rates stated herein, 2) Owest commercially offers such additions and necessary facilities are technically and practicably available. 6.3. CHANGES. Customer with Advance Digital Switched Services may convert to Uniform Access Solution Service (UAS) subject to the following conditions: 1) Owest commercially offers such UAS and necessary facilities are technically and practicably available; and 2) Customer pays all applicable new installation charges in accordance with the applicable Tariff for UAS. 6.4. Owest and Customer agree to execute written amendments to this Agreement for such additions and/or changes. 7. TERMINATION. 7.1. Either Party may terminate this Agreement for cause provided written notice specifying the cause for termination and requesting correction within thirty (30) days is given the other Party and such cause is not corrected within that thirty (30) day period. Cause is any material breach of the terms of this Agreement. If Owest terminates this Agreement for cause, or if Customer terminates this Agreement in whole or in part WITHOUT cause, Customer shall pay termination liability charges." If termination i9 prior to installation of SERVICE and after execution of this Agreement, early termination charges shall be those reasonable expenses incurred by Owest through the date of termination. If Customer disconnects all or part of Service after installation and Service is terminated below eighty percent (80%) of the initial threshold, Customer shall pay a termination charge equal to fifty percent (50%) of the monthly rate for Service terminated multiplied by the number of months, or portion thereof, remaining in the term of this Agreement; plus the balance of all billed but unpaid recurring and "all outstanding nonrecurring charges. Initial threshold quantities under this Agreement are set forth in Section 5; Charges/Location above. 7.2.. A termination charge will be waived when all of the following conditions are met: 1) the customer discontinues their contracted service(s) and signs a new service agreement(s) for any other Company provided service(s), 2) the new service agreement(s) have a total value equal to or greater than 115% of the remaining prorated value of the existing agreement(s) (excluding any special construction charges, applicable nonrecurring charges, or previously billed but unpaid recurring and/or nonrecurring charges), 3) the Customer places the orders to discontinue the service and establish new service at the same time, and 4) a new minimum service period goes into effect when the new service agreement term begins. New service is defined as a newly installed service placed under a new service agreement(s), or newly installed additions to an existing service agreement(s), but does not include renewals of expiring service agreement(s), renegotiations of existing service agreement(s) and conversions from month-to-mo. service to contracted service. The waivt .oes not apply to changes betvveen reguJated and unregulated products and services, nor to changes between enhanced and non-enhanced services. 8. OUT-OF-SERVICE CREDIT. Jf Qwest causes a Service interruption, an out-of-Service credit will be calculated under the state local exchange tariff. Jf there is no applicable tariff and the interruption lasts for more than twenty-four (24) consecutive hours after Qwest receives notice of it, QWest will give Customer credit calculated by: (a) dividing the monthly rate for the affected Service by thirty (30) days; and then (b) multiplying that daily rate by the number of days, or major fraction, that Service was interrupted. Routine maintenance or rearrangement of facilities or equipment is not considered an Out-of-Service condition provided Service is restored by the end of the period specified in the notification. 9. PERSONAL INJURY; PROPERTY DAMAGE. Each Party shall be responsible for any actual physical damages it directly causes in the course of its performance under this Agreement, limited to damages resulting from personal injuries, death, or property damage arising from negligent acts or omissions; PROVJDED HOWEVER, THAT NEITHER PARTY SHALL BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR SPECIAL DAMAGES OF ANY KIND, INCLUDING BUT NOT L1MJTED TO ANY LOSS OF USE, LOSS OF BUSINESS, OR LOSS OF PROFIT. 10. LIMITATION OF LIABILITY. QWEST SHALL NOT BE LIABLE TO CUSTOMER FOR ANY INCIDENTAL, INDIRECT, SPEC!AL, OR CONSEQUENTIAL DAMAGES OF ANY KIND INCLUDING BUT NOT LIMITED TO ANY LOSS OF USE, LOSS OF BUSINESS, OR LOSS OF PROFIT. EXCEPT AS PROVIDED IN PERSONAL INJURY; PROPERTY DAMAGE SECTION, ANY QWEST LIABILITY TO CUSTOMER FOR ANY DAMAGES OF ANY KIND UNDER THIS AGREEMENT SHA.LL NOT EXCEED, IN AMOUNT, A SUM EQUIVALENT TO THE APPLICABLE OUT-OF-SERVICE CREDIT.' REMEDIES UNDER THIS AGREEMENT ARE EXCLUSIVE AND LIMITED TO THOSE EXPRESSLY DESCRIBED IN THIS AGREEMENT. 11. NO WARRANTIES. THERE ARE NO WARRANTJES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 12. UNCONTROLLABLE CONDITIONS. Neither Party shall be deemed in violation of this Agreement if it is prevented from performing any of the obligations under this Agreement by reason of severe weather and storms; earthquakes or other natural occurrences; strikes or other labor unrest; power failures; nuclear or other civil or military emergencies; acts of legislative, judicial, executive or administrative authorities; or any other circumstances which are not within its reasonable control. 13. DISPUTE RESOLUTION. Any claim, controversy or dispute between the parties shall be resolved by binding arbitration in accordance with the Federal Arbitration Act, 9 U.S.C. 1-16, not state law. 14. LAWFULNESS. This Agreement and the Parties' actions under this Agreement shall comply with alt applicable federal, state, and local laws, rules, regulations, court orders, and governmental or regulatory agency orders. Any change in rates, charges or regulations mandated by the legally constituted authorities will act as a modification of any contract to that extent without further notice. This Agreement shall be governed by the Jaws of the state where Service is provided, 15. SEVERABILITY. In the event that a court, governmental agency, or regulatory agency with proper jurisdiction determines that this Agreement or a provision of this Agreement is unlawful, this Agreement, or that provision of the Agreement to the extent it is unlawful, shall terminate. If a provision of this' Agreement is terminated but the parties can legally, commercially and practicably continue without the terminated provision, the remainder of this Agreement shall continue in effect 16. GENERAL PROVISIONS. 16.1, Failure or delay by either Party to exercise any right, power, or privilege hereunder, shall not operate as a waiver hereto. 16.2. This is a retail end user contract Jt may be assigned only with the consent of Owest Customer may not assign to a reseller or a telecommunications carrier under any circumstances. 16.3. . This Agreement benefits Customer and Qwest There are no third party beneficiaries. 16.4. If a Party returns this Pl., ;ment by facsimile machine, the signing F j intends the copy of this authorized signature printed by the receiving facsimile machine to be its original signature. 16.5. This Agreement constitutes the entire understanding between Customer and Owest with respect to Service provided herein and supersedes any prior agreements or understandings. 16.6. Notwithstanding anything to the contrary, Customer may not make any disclosure to any other person or any public announcement regarding this Agreement or any relation between Customer and Owest, without Qwest's prior written consent of Qwest's Senior Vice President of Corporate Communications. Owest shall have the right to terminate this Agreement and any other agreements between the parties if Customer violates this provision. 17. EXECUTION. The Parties hereby execute and authorize this Agreement as of the latest date shown below, Notices concerning this Agreement may be sent to Qwest's Customer billing address of record or to Customer's Address for Notices specified herein, if any. Owest Corporation Authorized Signature Name Typed or Printed Title . 2- ',;;2CJCJ '2- Date I,.--/" L Il;/ '\ 11 / 33 "& ..A?'#//dj Il'Itlhtftf'Z--u J.{.. Address for Notices: . / '(; '3G. ~ 2- a/#,ro~~.61 elk; Cownu2, . .2!-S;-02- ffih~':'h<!f~~ ~,9- /i~~.~;L_..;:o,.: . .... c(:ufC'..'......,.. / ..:i;~ "'<0 ') '}. :- C":~.~ !i: L ~;~ ::/ It-v...........,..... . ~,. \ ::;" ~l~. . ;{ \.1(.:~::;:~:~~~i9/ ~ , , . ...{." Date Address for Notices: ZCN # [20921 QWEST DSL PRO SERVICE PRICING PLAN ACKNOWLEDGMENT for CITY OF MERIDIAN POLICE DEPT ("You") You hereby order from Qwest Corporation ("Qwest") the Qwest DSL Pro Service ("Service") indicated below. You understand and agree that Qwest provides Service in accordance with Federal Communications Commission ("F.C.C.") Access Tariff No.1, if Service is Interstate or in accordance with the applicable Tariff, Price List, Price Schedule, Administrative Guideline, and/or Catalog if Service is Intrastate, incorporated herein and hereinafter referred to as "Tariff'. In the event of a conflict between the terms and conditions of this Acknowledgement and the Tariff, the then current Tariff will prevail. Qwest DSL Pro Service Requested:: !8l Interstate !8l Qwest DSL Pro 640 Kbps D Qwest DSL Pro I Mbps D Qwest DSL Pro 4 Mbps D Qwest DSL Pro 7 Mbps Provide Service at 1401 E WATERTOWER MERIDIAN. Billing Number: 2088953300 Optional Features: Rate Plan The following Monthly and Nonrecurring Rates ("Rates") for Service reflect the Rates currently in effect in the Tariff. You understand the actual Rates will be those in effect in the Tariff on the first date of installation of Service, or for existing Service, the date the service order is completed by Qwest, and will increase or decrease as Tariffed rates change, unless these rates are locked in for a fixed term. These Rates do not include any other voice service or features. If You order such service or features, You wiH he required to pay separately for them. In addition to the Rate, You will pay Qwest all applicable taxes, usual and customary surcharges and all government imposed fees and charges that relate to the Service rendered hereunder. Total Monthly Rate: $ 62.00 and Total Nonrecurring Rate: $ 69.00 as of 05/31/2002 You have selected a Tariff Pricing Plan ("Plan") which protects the Monthly Rate from Qwest Initiated Rate increases for Thirty-six (36) months ("Term"), and You understand: If You disconnect Service, in whole or in part, after Service is installed, but prior to the completion of the Plan Term, Tariffs discontinuance charges may apply. The discontinuance charge for Qwest DSL Pro Services is 100% of the Monthly Rate multiplied times 40% of the number of months remaining in the Pricing Plan term. If You change or cancel Your order for Service, in whole or in part, prior to installation, Tariff charges may apply. If the above completed information is not as You requested, You must notify Qwest at the telephone number indicated below within thirty (30) days ofthe date of this Acknowledgment. Any claim, controversy or dispute arising out of Service provided under this Acknowledgment shall be settled by arbitration in accordance with the applicable rules of the American Arbitration Association,.andjudgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Qwest Contact (PrintedlTyped Name) Market Unit and Telephone Number Date Acknowledgment was Mailed Out INSTRUCTIONS FOR COMPLETING THE QWEST CORPORATION DSL PRO ACKNOWLEDGMENT The attached Acknowledgment should be used when selling Interstate MegaBit now known as DSL Pro Services, and MegaCentral. This Acknowledgment must be completed by the sales person and mailed to the customer at the time of sale. Please note-the customer does NOT sign or return this document. March 28,2002 MERIDIAN CITY COUNCIL MEETING APPLICANT REQUEST Approve Bills April 2, 2002 ITEM NO. 3~Q AGENCY 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 HrGHW A Y DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Contacted: COMMENTS #;~1[J~ Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. ! ~ t)f Mex~ Jl'C(J-\ REef 'ED- REQUEST Of AOl~ COUNTY RECORDER fZl- ~+ ,J. DAVID ~U\VARRO _y DrH'":",II\,',HO FEE_ OEPU I : _.- -~~. 2802 MY - I AN 8' 3 2 ~ pjS I 0 2 0 5 0 % 0 CITY OF MERIDIAN ORDINANCE NO. ~Z -94a 7 AN ORDINANCE FINDING THAT CERTAIN LAND OWNED BY GEORGE AND MILDRED DAVIS TO BE KNOWN AS HEARTHSTONE SUBDIVISION LOCATED AT THE SOUTHEAST CORNER OF W, CHERRY LANE AND N. BLACK CAT ROAD AND WHICH LIES CONTIGUOUS OR ADJACENT TO THE CITY LIMITS OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; AND FINDING THAT THE OWNER HAS MADE A REQUEST FOR ANNEXATION IN WRITING TO THE COUNCIL; AND THAT SAID LAND BE ANNEXED TO THE CITY OF MERIDIAN AND ZONING DESIGNATED LOW DENSITY RESIDENTIAL DISTRICT (R-4); AND DECLARING THAT SAID LAND, BY PROPER LEGAL DESCRIPTION AS DESCRIBED BELOW, BE A PART OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID PROPERTY TO THE OFFICIAL MAPS OF THE CITY OF MERIDIAN, IDAHO; AND DIRECTING THE CLERIC OF THE CITY OF MERIDIAN TO FILE A CERTIFIED COpy OF THE ORDINANCE AND MAP OF THE AREAS TO BE ANNEXED WITH ADA COUNTY RECORDER, AUDITOR, TREASURER AND ASSESSOR, AND THE STATE TAX COMMISSION 'OF THE STATE OF IDAHO, PURSUANT TO IDAHO CODE SECTION 50-223 AND SECTION 6.3-2215. BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. FINDINGS: That the following described land is contiguous and adjacent to the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation to the City of Meridian, Idaho, by the owner of said Property to-wit: ANNEXATION AND ZONING ORDINANCE (AZ-OI-026) - 1 A parcel of land lying within the northeast ]/4 of the northwest 1/4 of Section 10, Township 3 North, Range 1 West, B.M., Ada County, Idaho more particularly described as follows: Commencing at the northwest corner of said Section 10; thence South 89040'23" East, along the North boundary of said section, a distance of 1651.05 feet to the REAL POINT OF BEGINNING; thence South 00006'09" East, a distance of 344.45 feet, to a point on the West bound.ary of that certain tract of land described in Instrument No. 574474, records of Ada County, Idaho; "thence South 89036'30" East,a distance of 332.64 feet to the East boundary of said tract described in Instrument No. 574474; thence North 00015'53" East, along the East boundary of said tract a distance of 344.81 feet to the North boundalY of said section; thence North 89040'23" West, along said boundary a distance of 334.85 feet, to the Real Point of Beginning, containing 2.64 acres of land, more or less. SECTION 2: That the above-described real property be, and the same is hereby annexed and made a part of the City of Meridian, Ada County, Idaho. SECTION 3: That the real property herein by this ordinance annexed to the City oJ Meridian hereinabove described shall be zoned Low Density.Residential District (R-4). SECTION 4: That the City Engineer is hereby directed to alter all use ANNEXATION AND ZONING ORDINANCE (AZ-Ol-026) - 2 and area maps as well as the official zoning maps, comprehensive plan and all official maps depicting the boundaries of the City of Meridian in accordance with this ordinance. SECTION 5: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 6: This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. StCTION 7: The Clerk of the City of Meridian shall, 'within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner plainly and clearly designating the boundaries of the City of Meridian, including the lands herein annexed, with the following officials of the County of Ada, State of Idaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map vvith the State Ta...,<: Commission of ~h.e State of Idaho, all in compliance with Idaho Code s63-2215 and s50-223. ANNEXATION AND ZONING ORDINANCE (AZ-Ol-026) - 3 ;.ii) PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 2 -day of ~ ,2002. Nd APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this .2- - day of ~ ' 2002. __\ ~ R. .\,..;;'..,...,<,....... ~,\\' . :.r~';; "10: .,"~~~;/~~ "'wf-~~M._'''' ...::"," O....~~-("\~ '.'-~,," " f~ (.:€t>D'~' ". '. 'J' . :~ ~ ;.- "J~J F Jbt-~ft;:Y,*I~ ~ ..'C.. , · CITY CLERK ' ~ '.<~.:~, T' 1 ""\ . '/ .f~. First Reading: .cf - 2- - tJ 2--- "~; '; c;:~~:;:.':';';~ . ..' Adopted after first reading by suspel1si011ot'the'Rule as allowed pursuant to Idaho Code 50~902 Yes: X' No: Second Reading: Third Reading: ATTEST: L~ w-?tJ a STATE OF IDAHO,) ss. (SEAL) County of Ada. ) [)~ ~r'I'~ On this !/ day of M)Iv...JV , 2002, before me, the undersigned, a Notary Public in and for said State, personaily appeared ROBERT D. CORRIE and WILLIAM 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. . ....1IIWl/lI ",,,"ON S /8,c.+ '" ~~-----~~ fI~~~'-O'I~"',,~.. IQ CI;) / ~ -.;;. ~r.P: i'iJ l:I / \ 0; g : 1 p " I I iii ~ \ J : MY COMMISSION EXPIRES: 1I>.00',??..-!tmLtSi,o ./J1 . · -1.Th---~ ~.. Z:\WOrk\M\Meridian~XliWi.g,li~\Hearthstone Sub AZO 1-026 PFPO 1.009\AZOrd.doc ~\r\ CUWYl ~itJ NOTARY PUBLIC FOR IDAHO, Ii' '_ RESIDING AT: olec C.OvUVt{h . So.t (J~ o -Z~-o{' ANNEXATION AND ZONING ORDINANCE (AZ-Ol-026) - 4 CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN To: The Recorder, Auditor, Treasurer and Assessor of Ada County, and The State Tax Commission of the State of Idaho I, WILLIAM G. BERG, JR., City Clerk, of the City of Meridian, Ada County, State of Idaho, do hereby certify that the attached copy of Ordinance No. ty 2,-94-7 passed by the City Council of the City of Meridian, on the 2 ~?t-- day of /lpr/7 , 2002, is a true and correct copy of the original of said document which is in the care, custody and control otr!W'''~;:t~y.,)JS:lerk of the City of Meridian. ~ U... .:f'f.:.;~ '::'~'. ~;~~~~~~".'."~.'..'.;":;i""'......Jb& )(t- ~l ~(~rp"", -)\~ - ~.ft;:Je41q. 'f, '. -? '.Y.'S'/~ .,:..WILLIAM G. BERG, JR'! -;.'~ ('i"~ '. \" ,"~;!~,;.::~~/!~l STATE. OF IDAHO;"!<;~::"'<),:., ,::;{.{i' ',~ '''/ '.'_ ~::<y.,,'U" ','" ' 55. County of Ada, ) 0>> 1(10 . ~ On t}1is .~,/ day of ~ ,in the year 1JJO~ ,before me, Sr\r\ UJvoYi. ~~.\:h , a Notary Public, appeared WILLIAM G. BERG, JR., known or identified to me to be the City Clerk of the City of Meridian, Idaho that executed the said instrument, and acknowledged to me that he executed the same on behalf of the City of Meridian. ( SEAL) O..UiilQIll<::. 09. ON C>~~ ~o~ _-~_~:~~~ ~:~,~oTAj;;\C;~o ~CoI ~ -r \:'1""'11I '" I , rl Q f ~ . " t I I!iI " , I Q f.l. \ I '" \II \ / ~ <S> ~ -A C' () 0.0''':-.., VBL'\!..-:::~O. ."~~~_." ~.<l> .It....crOFIP~. 4'_..;:",,.,,, 9sh QJ\~ ~.tt 1 Notary Public for Idaho Commission Expires: oq-1~-o>5 Z:\Work\M\Meridian\Meridian 15360M\l-learthstone Sub AZO 1.026 PFPO 1.009\CertiCicationOfCJerkOrd.doc CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN AZ-Q 1-026 ~~ \.1-0 O~ Z \-Z ~6 , ya'v"\1~ -;>- 3..~C;;.C; ~.OONw ?" \ ~ ~ -1"'1 ~ 0 -,q- ID r'l \~ (j) \- ~ o ' to <'-l ,q- ,q- (> r'l <n ~ (jl t<J ((). __ 0Cl Z 500'06' Og"E (j) 344.45' Q (/) ~ ~ ~ t- ~ <3- z o fj) 53 - ..... 00:: CD~ :Jz (j)~ owe> ZZ...... ,,\0 Z \.J-' I- 0 O(j)~ Z~'-J 4. I- VA ~~ Ow CX::r. o ~ o --...; o tI1~ 1---': zt0 W .. :t~ 0< o o ~ 'Zw~ 4.'510 5(/}~ &: ffi ~ W 3" 4: <::::00 .?- 1-- \J- ~:i 04.~ 3"(2, )- .0.1 I-W~ -0 010 10 '!! l\ l\ BEFORE THE MERlDIAN CITY COUNCIL CJC 03-19-02 Revised 04102/02 IN THE fv1A TIER OF THE ) APPLICATION OF W.H. ) MOORE COMPANY, THE ) APPLICATION FOR ) ANNEXATION AND ZONING ) OF 85.36 ACRES FOR ) PROPOSED EL DORADO ) BUSINESS CA1v1PUS, LOCATED ) ATTHESOUT~ST ) CORNER OF E. OVERLAND ) ROAD AND S. EAGLE ROAD, ) MERIDIAN, IDAHO ) Case No. AZ-OI-OI8 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, and Jonathan Seal, Joseph Waters, Frank Harron, Chris McMasters, and Cornell Larsen, 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 AND CONCLUSIONS OF LAW - Page I AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGIEL DORADO BUSINESS CNv1PUS (AZ-O 1-0 18 ) FINDINGS OF FACT 1. There has been compliance 'with all notice and hearing requirements set forth in Idaho Code 99 6786509 and 67-6511, and Meridian City Code 99 11-15-5 and 11 ~ 1 6-1. 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 85.36 acres in size, is located at the southwest comer of E. Overland Road and S. Eagle Road, Meridian, Idaho, all within the Area of Impact of the City of Meridian and the Meridian Urban Service Planning Area. 4. The owner of recor.d of the subject property is Kimball Properties Limited Partnership, Managing Partner: Winston H. Moore, and the Applicant is W. H. Moore Company. 5. The property is presently zoned RUT and consists of vacant land. 6. The Applicant requests the property be zoned as C-C and 'C-G, 'with the intent to develop and construct 34 building lots and 17 other lots for a proposed FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/EL DORADO BUSINESS CM1PUS (AZ-O 1-0 18) commercial development known as the El Dorado Business Campus, consisting of a mi" of uses such as office, retail, restaurants, and hotels/motels, which is consistent "vith the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Mi..'<:edIPlanned Development. 7. The subject property is bordered to the north and west by County zoned residential property, to the east by the Silverstone Corporate Center, and to the south by Thousand Springs Subdivision. 8. There are no significant or scenic features of major importance that affect the consideration of this application. 9. The City Council has taken into consideration the concerns of Bradley Miller, a neighboring property owner, and Thomas and Nancy Connolly, residents of a neighboring subdivision. 10. 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 following conditions of development are imposed: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: . I. A Development Agreement shall be entered into between the City of Meridian and the Applicant. The Development Agreement shall require that certain uses FINDINGS OF FACT AND CONCLUSIONS OF LAW ~ Page 3 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/EL DORADO BUSINESS CAMPUS (AZ.O 1.018) vvithin the subdivision shovv'n as conditional in the attached e.'Chibit be approved though the Conditional Use Permit process. The list of permitted uses shall include all those listed in the exhibit submitted with the application, "vith any modifications, if required. Development of the properties South of the proposed Copper Pointe Drive lying across the Ridenbaugh Canal from Thousand Springs Subdivision shall be required to obtain a separate Conditional Use Pem1it unless professional office or flex uses are proposed, which were defined by the Commission to be "uses permitted in the L~O zone", such uses do not require a CUP. Buildings in this area shall not exceed a height of 35 feet. 2. A condition of the Development Agreement shall be to construct a multi~use pathway adjacent to the Ridenbaugh Canal's north bank in accordance "vith the design and alignment requirements of the Meridian Parks & Recreation Department proposed standards under CUP Site Specific Conditions, item # 1) and the Nampa Meridian Irrigation District. The pathway along the canal must be constructed before the first building permit may be issued for any buildings South of Copper Pointe Drive. 3. New legal descriptions for new zone boundaries shall be submitted. 4. Zoning of C-C is restricted to all property north of Goldstone Way and east of IGng Salmon Way. The southern boundary of property along the Canal and south of Copper Point shall be zoned C-G. The remainder of the property shall be zoned C-G. Adopt the Recommendations of the ACHD as follows: 1. In order to reduce trips to and from this development it is recommended that tenants occupying the proposed building shall be required to provide an Alternative Transportation Program for employees and provide an annual report to ACHD on employee participation. Commuteride staff shall coordinate the Alternative Transportation Program vvith the applicant 2. In order to reduce trips to and from this development, the tenants occupying the proposed building(s) shall be required to participate in any Transportation Management Association (TNlA) or Transportation Management Organization (TMO) that is formed Vlith a boundary that includes this site or is adjacent to this development. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/EL DORADO BUSINESS CNvIPUS (AZ-O 1-0 18) 3. The Overland/Eagle Road and Meridian/Overland Road intersections operate at a Level of Service F (LOS F), and are listed as one of the 100 most critical intersections in Ada County. Access control .....vithin the operating area of the intersection is vital to the safe operations of the intersection. The subject site's additional traffic shall exacerbate the traffic problems at these intersections. 4. Based on development patterns in this area and the resulting traffic generation, staff anticipates that the transportation system shall not be adequate to accommodate additional traffic generated by this proposed development at accepted levels of service without modifications to Eagle Road and Overland Road, and the intersection. 5. Dedicate 54 to 48.feet of right-of-way from the centerline of Overland 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. 6. Dedicate 52 to 48-feet of right-of-way from the centerline of Eagle 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. 7. Construct a S-foot wide detached concrete sidewalk on Eagle Road located 2- feet vvithin 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 8. Construct a 5-foot .....vide detached concrete sidewalk on Overland 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. 9. Construct the proposed driveway on Overland Road approximately 240-feet west of Eagle Road. This driveway meets District policy as a right-inJright-out driveway only and is approved ....vith this application. The applicant shall coordinate vvith the Districts Traffic Services Division to determine a means to restrict this driveway to a right-in/right-out driveway only (i.e. rai'sed median, internal island, etc.). FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/EL DORADO BUSINESS CAlY1PUS (AZ-O 1-0 18) ( 10. Construct the proposed drivewav on Overland Road approximately SSO-feet west of Eagle Road as a full-access driveway. This driveway meets District policy and is approved \-vith this application. 11. Construct the proposed public roadway access point located on Overland Road approximately 950-feet west of Eagle Road as a collector roadway. This location is granted a modification of policy and is approved \-vith this application. 12. Constmct the proposed public roadway on Eagle Road approximately 700-feet south of Overland Road as a full-access roadway. This roadway meets District policy and is approved \-vith this application. 13. Constmct the proposed drivewav on Eagle Road located approximately 1,150- feet south of Overland Road. This driveway was granted as a modification of policy by the District's Commission on January 16,2002. 14. Construct the proposed public roadway on Eagle Road approximately 1,700- feet south of Overland Road. This roadway meets District policy and is approved with this application. 15. Constmct the proposed public roadway on Eagle Road approximately 2,400- feet south of Overland Road as a full access roadway. This roadway meets District policy and is approved with this application. 16. Construct the proposed spine road with connections at Overland Road and Eagle Road, as proposed. This roadway shall be constructed as a 46-foot street section with curbs, gutters and sidewalks within 70-feet of right-of-way, as proposed. Parking shall be restricted on the proposed street, and the applicant shall submit a signage plan prior to final plat approval. 17. Construct the proposed roadway on Eagle Road located approximately 1,700- feet south of Overland Road to align \-vith the roadway that was approved with the Silverstone Corporate Center. This roadway shall be constructed as a 46- foot street section with curbs, gutters and sidewalks within 70-feet of right-of- way. Parking shall be restricted on the proposed street, and the applicant shall submit a signage plan prior to final plat approval. 18. Construct the proposed roadway on Eagle Road located approximately 700- FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/EL DORADO BUSINESS CAMPUS (AZ.OI-018) ( feet south of Overland Road is proposed to offset a driveway that was approved "vith the Silverstone Corporate Center. This roadway shall be constructed as a 46-foot street section with curbs, gutters and sidewalks "vithin 70-feet of right-of-way. Parking shall be restricted on the proposed street, and the applicant shall submit a signage plan prior to final plat approval. 19. Construct center turn lanes on Overland Road and Eagle Road for the proposed public street intersections and for all of the full access driveways. 20. Construct a left turn bay at the main entrance on Eagle Road. 21. Enter into a three way "vritten agreement "vith the District for the cost and specific location of the traffic signal on Eagle Road. 22. .Any proposed landscape islands/medians "vithin the public right-of-way dedicated by this plat shall be o"vned and maintained by a propeny owners' association. Notes of this shall be required on the final plat. 23. Construct a stub street to the west property line. The applicant has proposed that the stub street be located approximately 450 feet north of the south property line. Staff is supportive of this location or any location that is located south of the proposed Lot II. The applicant shall construct the stub street and provide a paved temporary turnaround at the west end of the stub street "vith a temporary easement provided to the District. The applicant shall be required to install a sign at the terminus of the roadway 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) vvith District staff. 24. The turnarounds shall be constructed to provide a minimum turning radius of 55-feet. 25. .Any existing irrigation facilities shall be relocated outside of the right-oE-way. 26. Utility street cuts in pavement less than five years old are not allowed unless approved in vvriting by the District. 27. If utility relocation is necessary to construct improvements required vvith this development, then all utility relocation costs associated with improving street FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/EL DORADO BUSINESS CAMPUS (AZ-O 1-018) ( frontages abutting the site shall be borne by the develOper. 28. Other than the access points specifically approved \vith this application, direct lot or parcel access to Eagle Road and Overland Road is prohibited. Lot access restrictions, as required "vith this application, shall be stated on the final plat. Adopt the Meridian Fire Department Recommendations as follows: L A fire-flow consistent with AppendL"( III-A of the Uniform Fire Code shall be provided to service 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. 4. Final approval for fire hydrant location shall be by the Meridian Fire Department. 5. All turning radii shall be a minimum of 281 inside and 48' outside. 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. Provide an approved turnaround on the West end of Goldstone Way or provide a connection to the adjacent project. Adopt the Recommendation of the Nampa & Meridian Irrigation District. 1. Applicant shall apply for a land use change/site application. 2. If a pressure urban irrigation system 'will be o\vned, operated and maintained by the District, then the Developer shall contact the District conteJ;1l.ing the installation of the pressure system. ' FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8 AND DECISION AND ORDER GRANTING APPLICATION FORAN'NEXATION AND ZONING/EL DORADO BUSINESS CAMPUS (AZ*O 1-0 18) ( 3. Fill out and return the required questionnaire pertaining to the initiation process of contractual agreements between the mvner or developer and the District, for the mvnership, operation and maintenance of the pressure urban irrigation system. 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. 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. 11. 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. la, and all sub-parts, the economic welfare of the City and its residents and tax and rate payers "vill be protected, a condition ofannexatibn and zoning designation. 12. It is also found that the development considerations as referenced in Finding No.1 0 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/EL DORADO BUSINESS CA1v1PUS (AZ~o 1-0 18) ( \-vill not change the essential character of the affected vicinity and will insure that the proposed uses \-vill 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. But, additional landscaping buffers and design features vvill be required to make the proposed use more harmonious \-vith the general vicinity and to comply "vith City Ordinances. 13. It is found that the zoning of the subject real property as Community Business District (C-C) and General Retail And Service Commercial (C-G) requires connection to the Municipal Water and Sewer systems and will be. compatible with the Applicanes development intentions, and "vill assure that the zoning is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Mixed/Planned Development. 14. The subject annexation request and zoning designation and proposed development relates and is compatible to the goals and policies of the Comprehensive Plan 15. The property can be physically serviced vvith 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 vvritten FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/EL DORADO BUSINESS CAlv1PUS (AZ-O 1-0 18) request for annexation and the real property being contiguous or adjacent to city boundaries and that said property lies "vithin 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 "vi thin 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 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: Goals 1 through 10, inclusive. 5. The zoning of Community Business District (C-C) and General Retail and Service Commercial (C-G) are defined in the Zoning Ordinance at S 11-7-2 I and K as follows: (C-C) Community Business District: The purpose of the C-C District is to permit the establishment of general business uses that are of a larger scale than a neighborhood business, and to encourage the development of modem shopping centers vvith adequate off-street parking facilities, and associated site amenities to serve area residents and employees; to prohibit strip commercial development FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/EL DORADO BUSINESS CAMPUS (AZ-O 1-018) and encourage the clustering of commercial enterprises. All such districts shall have direct access to a transportation arterial and collector and be connected to the Municipal water and sewer systems of the City. Al"JD (C~G) General Retail And Service Commercial District: The purpose of the C-G District is to provide for commercial uses which are customarily operated entirely or almost entirely "vithin a building; to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need of trave1~ related services as well as retail sales for the transient and permanent motoring public. All such districts shall be connected to the Municipal water and sewer systems of the City, and shall not constitute strip commercial development and encourage clustering of commercial development. . 6. Since the anne...xation 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 '''lith 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 or ditches; arid 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW ~ Page 12 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/EL DORADO BUSINESS CAMPUS (AZ~01~018) DECISION AND ORDER NO'\tV, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LA '\tV, the City Council does hereby Order and this does Order: 1. The applicant's request for annexation and zoning of approximately 85.36 acres to Community Business District (C-C) and General Retail And Service Commercial (C~G) is granted subject to the terms and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of 85.36 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, ."vith the City of Meridian, which provides for the follo'Wing conditions of development, to-wit: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. A Development Agreement shall be entered into between the City of Meridian and the Applicant. The Development Agreement shall require that .certain uses within the subdivision shown as conditional in the attached exhibitbe approved though the Conditional Use Permit process. The list of permitted uses shall FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/EL DORADO BUSINESS CM1PUS (AZ-O 1-018) include all those listed in the exhibit submitted with the application, \vith any modifications, if required. Development of the properties South of the proposed Copper Pointe Drive lying across the Ridenbaugh Canal from Thousand Springs Subdivision shall be required to obtain a separate Conditional Use Permit unless professional office or flex uses are proposed, which were defined by the Commission to be "uses permitted in the L-O zone", such uses do not require a CUP. Buildings in this area shall not exceed a height of 35 feet. 2. A condition of the Development Agreement shall be to construct a multi-use pathway adjacent to the Ridenbaugh Canal's nonh bank in accordance with the design and alignment requirements of the Meridian Parks & Recreation Department proposed standards under CUP Site Specific Conditions, item # 1) and the Nampa Meridian Irrigation District. The pathway along the canal must be constructed before the first building permit may be issued for any buildings South of Copper Pointe Drive. 3. New legal descriptions for new zone boundaries shall be submitted. 4. Zoning of C-C is restricted to all property north of Goldstone Way and east of King Salmon Way. The southern boundary of property along the Canal and south of Copper Point shall be zoned C-G. The remainder of the property shall be zoned C-G. Adopt the Recommendations of the ACHD as follows: I. In order to reduce trips to and from this development it is recommended that tenants occupying the proposed building shall be required to provide an Alternative Transportation Program for employees and provide an annual report to ACHD on employee participation. Commuteride staff shall coordinate the Alternative Transportation Program vvith the applicant 2. In order to reduce trips to and from this development, the tenants occupying the proposed building(s) shall be required to participate in any Transportation Management Association (TN1A) or Transportation Management Organization (TMO) that is formed with a boundary that includes this site or is adjacent to this development. 3. The OverlandlEagle Road and Meridian/Overland Road intersections operate at a Level of Service F (LOS F), and are listed as one of the 100 most critical FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/EL DORADO BUSINESS CAMPUS (AZ-O I-a 18) intersections in Ada County. Access control within the operating area of the intersection is vital to the safe operations of the intersection. The subject site's additional traffic shall e.,"(acerbate the traffic problems at these intersections. 4. Based on development patterns in this area and the resulting traffic generation, staff anticipates that the transportation system shall not be adequate to accommodate additional traffic generated by this proposed development at accepted levels of service vvithout modifications to Eagle Road and Overland Road, and the intersection. 5. Dedicate 54 to 48~feet of right-of-way from the centerline of Overland 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. 6. Dedicate 52 to 48-feet of right-of-way from the centerline of Eagle 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. 7. Construct a 5-Eoot wide detached concrete sidewalk on Eagle 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 8. Construct a 5-foot vvide detached concrete sidewalk on Overland Road located 2~feet within the new right~of-way. Coordinate the location and elevation of the sidewalk vvith District staff. If the sidewalk meanders outside of the right- of-way, provide an easement for the sidewalk. 9. Construct the proposed driveway on Overland Road approximately 240~feet west of Eagle Road. This driveway meets District policy as a right~in/right-out driveway only and is approved vvith this application. The applicant shall coordinate with the Districts Traffic Services Division to determine a means to restrict this driveway to a right-in/right-out driveway only (Le. raised median, internal island, etc.). 10. Construct the proposed driveway on Overland Road approximalely 550-feet west of Eagle Road as a full-access driveway. This driveway meets District FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/EL DORADO BUSINESS CAMPUS (AZ-OI-OI8) policy and is approved \vith this application. II. Construct the proposed public roadwav access point located on Overland Road approximately 9S0-feet west of Eagle Road as a collector roadway. This location is granted a modification of policy and is approved with this application. 12. Construct the proposed public roadway on Eagle Road approximately lOO-feet south of Overland Road as a full~access roadway. This roadway meets District policy and is approved vvith this application. 13. Construct the proposed drivewav on Eagle Road located approximately 1,150- feet south of Overland Road. This driveway was granted as a modification of policy by the District's Commission on January 16,2002. 14. Construct the proposed public roadway on Eagle Road approximately 1,700- feet south of Overland Road. This roadway meets District policy and is approved with this application. 15. Construct the proposed public roadway on Eagle Road approximately 2,400- feet south of Overland Road as a full access roadway. This roadway meets District policy and is approved with this application. 16. Construct the proposed spine road with connections at Overland Road and Eagle Road, as proposed. This roadway shall be constructed as a 46-foot street section with curbs, gutters and sidewalks vvithin 70-feet of right-of-way, as proposed. Parking shall be restricted on the proposed street, and the applicant shall submit a signage pla~. prior to final plat approval. 17. Construct the proposed roadway on Eagle Road located approximately 1, 700~ feet south of Overland Road to align with the roadway that was approved vvith the Silverstone Corporate Center. This roadway shall be constructed as a 46- foot street section with curbs, gutters and sidewalks within 70-feet of right-of- way. Parking shall be restricted on the proposed street, and the applicant shall submit a signage plan prior to final plat approval. 18. Construct the proposed roadway on Eagle Road located approximat,ely 700- feet south of Overland Road is proposed to offset a driveway that was approved vvith the Silverstone Corporate Center. This roadway shall be . FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/EL DORADO BUSINESS CAMPUS (AZ~O 1-0 18) constructed as a 46-foot street section \vith curbs, gutters and sidewalks \vithin 70-feet of right-of~way. Parking shall be restricted on the proposed street, and the applicant shall submit a signage plan prior to final plat approval. 19. Construct center turn lanes on Overland Road and Eagle Road for the proposed public street intersections and for all of the full access driveways. 20. Construct a left turn bay at the main entrance on Eagle Road. 21. Enter into a three way \vritten agreement with the District for the cost and specific location of the traffic signal on Eagle Road. 22. Any proposed landscape islands/medians 'livithin the public right-of-way dedicated by this plat shall be o"v'medand maintained by a homeowners association. Notes of this shall be required on the final plat. 23. Construct a stub street to the west property line. The applicant has proposed that the stub street be located approximately 450 feet north of the south property line. Staff is supportive of this location or any location that is located south of the proposed Lot II. The applicant shall construct the stub street and provide a paved temporary turnaround at the west end of the stub street with a temporary easement provided to the District. The applicant shall be required to install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE II. Coordinate the sign plan for the stub street, and the design of the turnaround (if necessary) with District staff. 24. The turnarounds shall be. censtructed to provide a minimum turning radius of 55-feet. 25. Any existing irrigation facilities shall be relocated outside of the right-of-way. 26. Utility street cuts in pavement less than five years old are not allowed unless approved in vvriting by the District. 27. If utility relocation is necessary to construct improvements requir.ed with this development, then all utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. . FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 17 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/EL DORADO BUSINESS CAMPUS (AZ-O 1-0 18) 28. Other than the access points specifically approved with this application, direct lot or parcel access to Eagle Road and Overland Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. Adopt the Meridian Fire Department Recommendations as follows: 1. A fire~flow consistent "vith AppendLx III-A of the Uniform Fire Code shall be provided to service 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. 4. Final approval for fire hydrant location shall be by the Meridian Fire Department. S. All turning radii shall be a minimum of 281 inside and 48' outside. 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. Provide an approved turnaround on the West end of Goldstone Way or provide a connection to th: -adjacent project. Adopt the Recommendation of the Nampa & Meridian Irrigation District. 1. Applicant shall apply for a land use change/site application. 2. If a pressure urban irrigation system will be owned, operated and maintained by the District, then the Developer shall contact the District concerning the installation of the pressure system. 3. Fill out and return the required questionnaire pertaining to the initiation process of contractual agreements between the owner or developer and the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 18 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/EL DORADO BUSINESS CAlvrPUS (AZ-O 1-0 18) District, for the mvnership, operation and maintenance of the pressure urban irrigation system. 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 S\vale 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. 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 (C-C) Commercial Business District and (C~G) General Retail and Service Com~.ercial, 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 a.nnexation and zoning ordinance. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 19 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/EL DORADO BUSINESS CA1v1PUS (AZ-O 1-0 18) 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. 21!D By action of the City Council at its regular meeting held on the - day of ~ ,2002. ROLL CALL COUNCILN1AN KEITH BIRD VOTED~ COUNCILWOrv1AN TAMMY deWEERD VOTED~ -- VOTED$A./ COUNCIL WOrv1AN CHERIE Mc CANDLESS COUNCILrv1AN WILLIM1 L.M. NARY VOTED~ MA..YOR ROBERT D. CORRIE (TIE BREAKER) DATED: 4--..2--02- -- VOTED FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 20 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/EL DORADO BUSINESS CAl'v1PUS (AZ-OI-018) . .,0' . MOTION: APPROVE{): ~ DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and the City Attorney. ,\,::"::c,,.~;,~:,,:~,,:,:,c'~. .... .1 ' ,r . .......;.. . ,. 1-."" ...- ,. ,.:.' (~..., .~. -o.,.....,~~~,.y.:\..... -',.. .:": . /" ..-o?:"'("TI..~\;.~ ~... -,.. ..... 4-/ S-.;-t) 2-f- . ~:v '~q "\ ;. mJj"~"'" / ..... .'. '.'~. <t. ~ . ' - -::;'. .. :J::_..:...t . '~.~ %.~ ;:tj ~~: ::. .~~., 14'':'/ .r~""" .~.-: .1' ~ ... ";:-,:1.,< J - ~ .'..r- ;.:r. ~. <'~ "-( ,~,.;, 7" 1::I1 ,/' ,~.:'. ~:. ~~j~;1 f!t ~l~ )~~;'.~":~;f~ "'".....,..Cn~ ~~.II:'1l<.,~ '). r.'~- ~" ~f~'rI'<Ui:';; '!( ""I . -;'ft-:I. 'J" ~+., . ~ri:J..'t.. \\204.229.127. I 94\SER VERZ\ W ork\M\1vleridian\Meridian t 5360tvl\E1 Dorado Bus Campus AlO 1-0 I a -P];'a:l\:9.~9tj',1WP0 I. 03 7\AZFfCI&Order .doc By:JI~A-~4 Dated: City Clerk pI-- FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 21 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGIEL DORADO BUSINESS CA1v1PUS (AZ-OI-018) EXHIBIT C Map of C~C and C-G Zones with Identification of Ridenbau2h Section and Main Section DEVELOPMENT AGREEMENT (AZ-01-018) -15 \ \--_._------'- n ~- () () -~4-~ \ \ I.:--,;:"~~~':~";'-:-~~" ,,~~~"""'ri'==\~-'---' --\ i , 1\ " \ ' \ . \ ' '\ " II \ , I \ I \ I ,\ \ I \ \ ' ,,' 'I i \ \ ' \ J 1 \ '.\ ' : . '\, ~-~ -~~--------\'. \ \ ' ,\ .-------- \ ,\ ' , \ y " \ \ . A I. , _~ C-c i!U!. '<i . L---''------ .. ~\ r~~ \ ~: 1, \ \'\' ,\'-11 \ \ . \ \ ~-----;\ \ . \ \ \ I, i \' ,,' '.1;\' i , \ \ ' '\ \ '\ \ ..,-_--..-'----'- --L '. . , ,\.--' -,-'-' -.. ' , \ i-.. ._ __ _ / -\ \./::::::>-~ . _'.2\ '< \ \ \\ \' -"\::~~ \ \ \ \~\' \' \ \ \ . \ \ I . \ ' ' \ ' " \ \ -\ ' ' '" \-~_// \ \ \-----/--1 III \ ~ \11 ' "I \ i'l ....J \ \ L--/-~ Ii \ ~ ~/-\ I ~ C-c 1JjNI!. : \ l \ o,/~/\ \ I' \ \%.f , ___7" ~.1JY /' . \ \ I I r- _ ..'" ./r \ ' , " \ y/ ,/ \ \ C-------~ .. r--- \ I' 1'1 \ 1\\ \ i'l ' c-------:\ I ' I \ · . \ i i i I \\ \ I I>' I' \ ,'0\ \ ' i L----;::::::-~--=-l...- ' \ \ ,_/------1 r-~--:::::--~ \IJ \ 11 r ;' l"-.... '-.... ..------\ ~\ , ' ' , ' '- --=,'" \ ! l' ! ! \ '.-..: . I ~\ , ' I --- " \ ! ' I / ' \\\ \--_----/;1 1--- i I :\ \ I 11/ -'-,.'-~' \\\ \ III ~-c @.-/~\\ \ :w/ I \'.\ \ ---\" "" r------ \ \ I' \ ,\\ , ' ' \ ,I' \ i \ \. " ,__-----------L.. ' \ I 1\ 7f' ._.._)r-~,~.-. ._' \ \ \ ,_ _.._ ~. .-----.T _. ". I \ , ,-,/ '- -.---- \, \- _ _ _.../ ,--'~ \ -''r~1 \ (\ ~q.o~ :\\ \' \' \ "",' ' .----- \" \ L--~' \ /,//!..---' .----1' -.' \ I I I " /.- -- --- ' , ,- ,,- / --, ----, \ C::.L.:.--=L:::.:::r:::::./ ---.~~ ~ \BL r5f!Jl;,AfJJO\i]\\)\\JS~ C~US ~ ~ l,.mOfl- ArtJt.\(f::::fs ....51<5 '"'" pLA" ~' --;;::::.;-,.;- , - """,. __ ".......J$." EXHIBIT D List orUse Pennissions and Restrictions Uses will be governed by the Meridian City Ordinance 11-8-1, Zoning Schedule of Use Control, as may be amended from time. The following use may also be developed as pennitted uses: Adult Day Care Animal HospitaI Auction Establishment Automobile Related Business: Repair Shop - Minor; Car Wash and Service Station. Bank, Financial Institution Microbrewery Type Bottling and Distribution Plant Bus Station Church Clinics (Medical, Dental, Optical) Club, Lodge, Social Hall Convenience Store w/ Gasoline Services Construction Businesses: Contractors Shop; Sheet Metal Shop; Roofing Shop; Sign Painting Shop Driving Range Electrical Equipment and Products Electrical Supplies and Appliances Entertainment Centers - Indoor: Bowling Alley; Skating Rink; Arcade; Arena; Archery Entertainment Centers - Outdoor: Amusement Park, Ball Park (baseball, football, soccer); Water Park, Batting Cages; Go Cart Track Flex Space: Office Warehouse Mix Golf Course Greenhouses, Nurseries (already pennitted) Grocery Stores Hospitals Indoor Firing Range Laboratories (Medical, Dental, OpticaI) Laundry, CIothes Cleaning, Pressing Business Laundry, Industrial Laundry, Self-Service Mausoleum Medical Research Facilities MoIded Plastic Products Mortuary Newspaper and Printing Establishment Offices Parking Lots: Commercial; Off-Site Accessory Parking Lot; Parking Garage/Structure DEVELOPMENT AGREEMENT (AZ-OI-018) - 16 Parks and Plazas Personal Services: Barber Shop; Massage Parlor; Beauty Salon. Pharmacy Post - Secondary Educational Facilities Printing, Lithography, Publishing and Associated Reproduction, exclusive of Paper Manufacturing Public and Quasi-Public Uses Radio and Television Stations (except exterior communications facilities districts) Restaurant Personal Service: Barber Shop; Massage parlor; Beauty Salon Photography Studio Private Commercial Schools (Business, Art, Dance, Music, MedicaVDental Technician, MartiaI Arts) Retail Restaurant Sales: Building Materials; Hay; Grain; Bulk Garden SuppIy; Heavy Machinery Seed and Garden Supply Social Care Facilities: Missions; Food Kitchens; single Resident Occupancy Hotels Self-Service Storage Standby Generators Theater (Excluding Drive-ins) Vocational, Trade, Industrial Schools Warehouses Storage Utility Facility -- Major Utility Facility -- Minor Wholesale Business The following uses maybe allowed upon application and approval of a conditional use: Automobile Repair Shops-Major Child Care Facilities Communication Towers Drive-ins, Drive-through Establishments Missions; Food Kitchens Residential (Plarmed Unit Developments) SaIes Lots Schools, Private (vocational, trade and industrial schools are permitted) SheIter Homes The following uses, in addition to those included in the Meridian Ordinance Section 11- 8-1 as prohibited uses in the C-C and C-G zones (unless permitted/conditional use above) are expressly prohibited. Adult Business (bookstore, theater, performance) Alcoholic Establishments )other then combined with restaurant services or DEVELOPMENT AGREEMENT (AZ-01-018) - 17 hoteVmotel facilities) Boarding and Rooming House Bottling and Distribution Plant Composting Facility HaIfway Houses Nursing Homes and Sanitariums Recreational Vehic1e Park Truck Terminal Truck Stop Uses. Z:\Work\M\Meridian\Meridian 15360M\EI Dorado Bus Campus AZO(..{)18 PP01..{)20 CUPOI..{)37\REVISED Dev Agmt per Gary Allen 01 1603.DOC DEVELOPMENT AGREEMENT (AZ-Ol~OI8) -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 EL DORADO BUSINESS CAMPUS IN A C-C AND C-G ZONE, LOCATED AT THE SOUTHWEST CORNER OF E. OVERLAND RAOD AND S. EAGLE ROAD, MERID~, IDAHO W.H. MOORE COMPANY, APPLICANT C/C 03/19/02 Revised 04/02/02 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. CUP-01-037 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 19,2002 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, Jonathan Seal, Joseph Waters, F~ank Harron, Chris McMasters, and Cornell Larsen, appeared and testified, and the City Council having duly conside~ed 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, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT ~ I and having duly considered the matter, the City Council hereby makes the follovving Findings of Fact, Conclusions of Law and Decision and Order to-vvit: 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 19, 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 (IS) 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 19,2002, 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 requirements set forth in Idah~ Code &67-6509, 6512, and Meridian City Code && 11-15-5 and 11-17- 5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof 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 the southwest corner of E. Overland Road and S. Eagle Road, Meridian, Idaho. 5. The owner of record of the subject property is IGmball Properties Limited Partnership, Man~ging Partner: Winston H. Moore of Boise, Idaho. 6. Applicant is W. H. Moore Company of Boise, Idaho. 7... The subject property is currently zoned RUT by Ada County. There is, however, an application for annexation and zoning to C-C and C-G before the City Council. The zoning districts of C-C and C-G are 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 development for a mix of uses such as office, retail, restaurants, and hotels/motels. The C-C and C-G zoning designations 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 and Development Ordinance, Section 11-8-1). FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 3 9. The Meridian City Council recognizes that the proposed application is in compliance with the Meridian Comprehensive Plan. 10. The use proposed vvithin 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. J2. 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: Adopt the RecOlnmendations of the Planning and Zoning and Engineering staff as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 4 1. A multi use pathway shall be constnlCted along the Ridenbaugh Canal. The Applicant shall work with the Parks Department to determine the location, dedication, maintenance, surfacing, landscaping, and other improvements associated with a Multi- use pathway. Ten copies of a revised site plan indicating the location, width, landscaping and associated improvements of the pathway( s) shall be submitted. The following standards shall apply to the multi use path: I. A minimum I O-foot wide hard surface pathway shall be constructed by the Applicant; 2. The pathway shall be constructed either within a permanent pedestrian easement in favor of the City of " Meridian or within a separate comlnon lot that is deeded to the City of Meridian; 3. Said pedestrian easement or cmumon lot shall connect to the public sidewall( adjacent to Eagle Road in the general area of the southeast corner of Lot I, Block I and meander due west and terminate at the west subdivision boundalY. The easement or common lot shall be at least 20 feet wide at its narrowest point and be 30 feet wide where building locations and topography will allow, and may, to the extent permitted by NMID, encroach upon that part of the Ridenbaugh Canal 100 feet right-of-way lying north of the canal maintenance road; 4. A minimum 5-foot wide strip o~ landscaping or natural vegetation that creates a durable groundcover shall be provided between the fence and the south edge of pathway. Said vegetation may be provided 'either within the pedestrian easement or within NMID's easemerit; 5. No solid fencing will be permitted on the north side of the pathway, between the buildings and the pathway, except as othelwise agreed upon in 'writing by the City; ,FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 5 6. An open-vision fence shall be constructed on the south side of the pathway and north of the irrigation maintenance road, as close to the top of bank as will be permitted by the Nampa Meridian Irrigation District; 7. The pathway and associated landscaping shall be improved prior to the first Certificate of Occupancy being issued south of Copper Point Drive or by the opening of the future city park west of EI Dorado Business Campus Subdivision, whichever comes first. 2. Buildings located on the properties adjacent to the Thousand Springs Subdivision (south property line) shall be restricted to a maximum of 35' feet to the top of the roof in height (as opposed to 40'). One building is permitted north of the stub road, along the west edge, prior to approved final plat. 3.' Bicycle racks shall be installed at all buildings used for office and retail use within the EI~Dorado Subdivision. 4. The applicant shall be responsible for reserving or dedicating an area within the development to be used for a future bus stop. Applicant shall coordinate the timing, size and location of the bus stop with the VIATrans staff and SUbluit a letter to the P&Z Department prior to final approval of the perimeter landscaping plan. 5. The proposed internal jogging path crosses through several parldng lots within the subdivision. The pathway has been designed to cross though the parking lots by placing the pathway 'within the parldng medians. The applicant shall provide a conceptual drawing of the pathways that are to be located within the luedians. The design shall incorporate the required landscaping, the jogging path and other buffers, as needed, to eliminate vehicle overhang from interfering with the pathway. The drawing shall be submitted. . FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 6 6. The project provides for two open spaces, jogging path and pedestrian pathway. 7. The applicant comply with the demand of Nampa & Meridian Irrigation District that 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 Nampa & Meridian Irrigation District must review drainage plans. The developer must comply with Idaho Code S31-3 805. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. 8. Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. Plans shall be approved by the appropriate ~rrigation/drainage district, or lateral users association, with written confirmation of said approval sublnitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 9. Any existing domestic wells and/or septic systenlS within this project shall be removed from their domestic service per City Ordinance Section 5-7-517. Wells Inay be used for non- domestic purposes such as landscape irrigation. 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. . II. 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 .Alnericans 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 . FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 7 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 Developluent Ordinance. No temporary signage, flags, banners or flashing signs shall be permitted. Adopt the Recommendations of ACHD as follows: Special Recommendation to City of Meridian: 15, 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. Commute ride staff "viII coordinate the Alternative Transportation Program with the applicant. 16. In order to reduce trips to and from this development, the tenants occupying the proposed building(s) should be required to participate in any Transportation Manageluent Association (TMA) or Transportation Management Organization (TMO) that is formed with a boundary that includes this site or is adjacent to this development. 1 7. The Overland/Eagle Road and Meridian/Overland Road intersections operate at a Level of SelVice F (LOS F),. and'.are listed as one of the 100 most critical intersections" in Ada County. Access control within the operating area of the intersection is vital to the safe operations of the intersection. The subject site's additional traffic will exacerbate the traffic problems at these intersections. ,FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 8 18. Based on development patterns in this area and the resulting traffic generation, staff anticipates that the transportation systeln will not be adequate to accommodate additional traffic generated by this proposed development at accepted levels of service 'without modifications to Eagle Road and Overland Road, and the intersection. 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: 19. Dedicate 54 to 48Mfeet of right-of-way from the centerline of Overland 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. 20. Dedicate 52 to 48-feet of right-of-way frOlu the centerline of Eagle 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. 21. Construct a 5-foot wide detached concrete sidewalk on Eagle 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. ' 22. Construct a 5-foot wide detached concrete sidewalk on Overland Road located 2-feet within the n~w 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 AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 9 23. Construct the proposed driveway on Overland Road approximately 240-feet west of Eagle Road. This driveway meets District policy as a right-in/right-out driveway only and is approved with this application. The applicant shall coordinate with the Districts Traffic Services Division to determine a mean to restrict this driveway to a right-in/right- out driveway only (i.e. raised median, internal island, etc.). 24. Construct the proposed driveway on Overland Road approximately SSO-feet west of Eagle Road as a full-access driveway. This driveway meets District policy and is approved with this application. 2S. Construct the proposed public roadway access point located on Overland Road approximately 9S0-feet west of Eagle Road is a collector roadway. This location is granted a modification . ?f policy and is approved with this application. 26. Construct the proposed public roadway on Eagle Road approximately 700wfeet south of Overland Road as a full-access roadway. This roadway meets District policy and is approved vvith this application. 27. Constnlct the proposed driveway on Eagle Road located approximately 1,150-feet south of Overland Road. This driveway was granted as a modification of policy by the District's Commission on January 16, 2002. 28. Construct the proposed p1,lblic roadway on Eagle Road approximately 1, 700-feet south of' bverland Road. This roadway meets District policy and is approved ~with this application. 29. Construct the proposed public roadway on Eagle 'Road approximately 2,400wfeet south of Overland Road as a full access roadway. This roadway meets District policy and is approved with this application. ,FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT w 10 30. Construct the proposed spine road with connections at Overland Road and Eagle Road, as proposed. This roadway shall be constructed as a 46~foot street section with curbs, gutters and sidewalks within 70-feet of right-of-way, as proposed. Parking shall be restricted on the proposed street, and the applicant shall submit a signage plan prior to final plat approvaL 31. Construct the proposed roadway on Eagle Road located approximately 1,700~feet south of Overland Road to align vvith the roadway that was approved with the Silverstone Corporate Center. This roadway shall be constructed as a 46-foot street section with curbs, gutters and sidewalks within 70-feet of right-of-way. Parldng shall be restricted on the proposed street, and the applicant shall submit a signage plan prior to final plat approvaL ,32. Construct the proposed roadway on Eagle Road located approximately 700-feet south of Overland Road is proposed to offset a driveway that was approved with the Silverstone Corporate Center. This roadway shall be constructed as a 46- foot street section with curbs, gutters and sidewalks within 70- feet of right-of-way. Parldng shall be restricted on the proposed street, and the applicant shall sublnit a signage plan prior to final plat approvaL 33. Construct center turn lanes on Overland Road and Eagle Road for the proposed public street intersections and for all of the full access driveways. 34. Construct a left turn bay at the main entrance on Eagle Road. 35. Enter into a three way written agreelnent with the Distri~t for the cost and specific location of the traffic signal on' Eagle Road. 36. Any proposed landscape islands/Inedians within the public right~of-way dedicated by tJ1is plat shall be owned and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - II lnaintained by a homeowners association. Notes of this shall be required on the final plat. 37. Constluct a stub street to the west property line. The applicant has proposed that the stub street be located approximately 450 feet north of the south property line. Staff is supportive of this location or any location that is located south of the proposed Lot II. The applicant shall construct the stub street and provide a paved temporary turnaround at the west end of the stub street with a temporary easement provided to the District. The applicant shall be required to install a sign at the tenuinus of the roadway stating that, 'THIS ROAD WILL BE EXTENDED IN THE FUTUREII. Coordinate the sign plan for the stub street, and the design of the turnaround (if necessary) with District staff. 38. . The turnarounds shall be constructed to provide a lninimum turning radius of 55-feet. 39. Any existing irrigation facilities shall be relocated outside of the right-of-way. 40. Utility street cuts in pavelnent less than five years old are not allowed unless approved in writing by the District. 41. 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. 42. Other than the access points specifically approved with this application, direct lot or parcel access to Eagle Road and Overland Road is prohibited. Lot acces~ restrictions: as required with this application, shall be stated on the final plat. Adopt the Meridian Fire Department Recomluendations as follows: 43. A fire-flow consistent with Appendix III-A of the Unifonn Fire Code shall be provided to service the entire project. Fire "FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 12 hydrants shall be placed an average of 400' apart at approved locations. 44. Operational fire hydrants and temporary or pennanent street signs are required before combustible construction begins. 45. Acceptance of water supply for fire protection is contingent upon acceptance of the water system by the City of Meridian. 46. Final approval for fire hydrant location shall be by the Meridian Fire Department. 47. All turning radii shall be a minimmn of 28' inside and 481 outside. 48. Insure that all yet undeveloped parcels are maintained free of combustible vegetation. 49. The roadways shall be built to Ada County Highway standards. 50. Provide an approved tun1around on the West end of Goldstone Way or provide a connection to the adjacent project. Adopt the Recommendation of the Nampa & Meridian Irrigation District as follows: 51. Applicant shall apply for a land use change/site application, and 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 lTIUSt review drainage plans. The developer must comply with Idaho Code &31-3805. Adopt the Recommendation of the Meridian Paries and Recreation as follows: . 52. The pathway construction shall include a stop sign at Eagle Road, nonMmotorized vehicle signs, and vehicle restriction bollards at both ends of the path shall be required also. Any other access points that the vehicles could enter, 33-gallon "FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 13 ( garbage receptacles should be installed on small concrete slabs every 300 to 400 feet. Adopt the Recomluendations of the Central District Health Department as follows: 53. 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. 54. Run-off is not to create a mosquito breeding problem. 55. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent ilupact to groundwater and surface water quality. 56. The Engineers and architects involved with the design of the ~ubject project shall obtain current best management practices for stormwater disposal and design a stormwater luanagement system that prevents groundwater and surface water degradation. 57. Applicant shall submit plans for review for any and all food establishments, swimming pools or spas, beverage establishments. Adopt the Recommendations of Sanitary Services as follows: 58. The complex will generate approximately 3.5 cubic yards per day. Applicant shall allow a minimUlu of 12' inside gate post clearance and a clear obstruction free drive on capability for an 8 cubic yard container. 13. That the site is large enough to accommodate the proposed I,lse a11d 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 14 the requested use and all other required features. 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 residential uses are harmonious with and in accordance with the Comprehensive Plan. 15. That the design, construction, operation, and maintenance "vill be compatible with other uses in the general neighborhood and with the existing or intended chara~ter 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. 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 persori responsible for the establishment of proposed conditional use shall be able to provide adequately ~ny such services. 18. 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 . FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 15 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 "vill have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets. 21. T~lat 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. 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. s67-6S03). 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 tQ 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. . FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 16 / i 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 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 th~ evidential sho'Wing supports the finding that the follo'Wing standards are l~let 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, parking, 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 vvith 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 vvith all conditiorls 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; . FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 17 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 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. S. Prior to granting a conditional use permit in the Community Business District (C-C) and 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 11-1 7 ~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 conditionaluse applications for land in Old Town and in industrial and commercial dit:;tricts shall 9nly be required to have one public hearing which shall be held before the Planning and Zoning Commission; and after the recomnlendatioil 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 _ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 18 the public hearing the Commission shall, transmit its recommendations to the Meridian City Council with supportive reasons. The Commission shall recommend that the application be approved, approved vvith conditions or denied. The Commission shall ensure that any approval or approval vvith 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 C:ity Council approves a conditional use permit it may impose conditi?ns of that approval that reasonably: A.. Minimize adverse impact on other development; B. Control the sequence and timing of development; C. Control the duration of development; D. Assure that the development is maintained property; E. Designate the exact location and nature of the development; F. Require the provision for on-site public facilities or services; and G. Require more restrictive standards than those generally required, in this Ordinance. 8. The City of Meridian has, by ordinance, established the Im~pact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 21, 1993, Ord. 629, JanualY 4, 1994 and Maps. _ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 19 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 a planned development for a mix of uses such as office, retail, restaturants, and hotels/motels in C-C and C-G zones located at the southwest corner of E.. Overland Road and S. Eagle Road, Meridian, Idaho, subject to the followi.ng conditions of use and development, subject to the following: Adopt the Recomluendations of the Planning and Zoning and Engineering staff as follows: 1. A multi use pathway shall be constructed along the Ridenbaugh CanaL The Applicant shall work with the Parks Department to determine the location, dedication, maintenance, surfacing, landscaping, and other improvements associated with a Multi-use pathway. Ten copies of a revised site plan indicating the location, width, landscaping and associated iluprovements of the pathway(s) shall be submitted. The following standards shall apply to the multi use path: 1. A minimum 1 Q-foot wide hard surface pathway shaH be constructed by the Applicant; 2. The pathway shall be constructed either within a pennanent pedestrian easement in favor of the City of Meridian or within a separate common lot that is deeded to the City of Meridian; . FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 20 3. Said pedestrian easement or comlnon lot shall connect to the public sidewalk adjacent to Eagle Road in the general area of the southeast corner of Lot 1, Block I and meander due west and terminate at the west subdivision boundaty. The easement or common lot shall be at least 20 feet vvide at its narrowest point and be 30 feet vvide where building locations and topography vvill allow, and may, to the extent permitted by NMID, encroach upon that part of the Ridenbaugh Canal 100 feet right-of-way lying north of the canal maintenance road; 4. A minimum 5-foot vvide strip of landscaping or natural vegetation that creates a durable groundcover shall be provided between the fence and the south edge of pathway. Said 'vegetation may be provided either vvithin the pedestrian easement or within NMID's easement; 5. No solid fencing vvill be permitted on the north side of the pathway, between the buildings and the pathway, except as otherwise agreed upon in writing by the City; 6. An open-vision fence shall be constructed on the south side of the pathway and north of the irrigation maintenance road, as close to the top of bank as vvill be permitted by the Nampa Meridian Irrigation District; 7. The pathway and associated landscaping shall be improved prior to the first Certificate of Occupancy being issued south of Copper Point Drive or by t~e opening of the future city park west of EI Dorado Busin'ess Campus Subdivision, whichever comes first. 2. .Buildings located on the properties adjacent to the Thousand Springs Subdivision (south property line) shall be restricted to a maximum of 35' feet to the top of the roof in height (as opposed to 40'). One building is permitted north of the stub road, along the west edge, prior to approved final plat. . FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 21 3. Bicycle racks shall be installed at all buildings used for office and retail use within the El-Dorado Subdivision. 4. The applicant shall be responsible for reserving or dedicating an area within the development to be used for a future bus stop. Applicant shall coordinate the timing, size and location of the bus stop with the VIATrans staff and submit a letter to the P&Z Department prior to final approval of the perilneter landscaping plan. 5. The proposed intenlal jogging path crosses through several parking lots within the subdivision. The pathway has been designed to cross though the parking lots by placing the pathway within the parking medians. The applicant shall provide a conceptual drawing of the pathways that are to be located within the medians. The design shall incorporate the required landscaping, the jogging path .ail~other buffers, as needed, to eliminate vehicle overhang from interfering with the pathway. The drawing shall be submitted. 6. The project provides for two open spaces, jogging path and pedestrian pathway. 7. The applicant cOlnply with the demand of Nampa & Meridian Irrigation District that 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 Nampa & Meridian Irrigation District must review drainage plans. The developer must comply with Idaho Code 931-3805. It is recommended that irrigation water be. Inade available to all developments within the Nampa & Meridian Irrigation District. 8. Any existing irrigation/drainage ditches crossing the property to be .included in this project, shall be tiled per City. Ordinance 11~9w605.M. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. . FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 22 9. Any existing dOlnestic wells and/or septic systelns 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. IO.Off-street parking shall be provided in accordance with City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. II.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 A.1nericans 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 Inaintenance agreement for joint drainage facilities shall be developed for inclusion in the CC&R's of the subdivision. 13.0utside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance. 14.AlI 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 shall be permitted. Adopt the Recommendations of ACHD as follows: Special Recommendation to City of Meridian: 15. In order to reduce trips to and from this developlnellt 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 . FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 23 employee participation. Commuteride staff will coordinate the Alternative Transportation Program with the applicant. 16. In order to reduce trips to and from this development, the tenants occupying the proposed building( s) should be required to participate in any Transportation Managelnent Association (TMA) or Transportation Management Organization (TMO) that is formed vvith a boundary that includes this site or is adjacent to this development. 1 7. The OverlandlEagle Road and Meridian/Overland Road intersections operate at a Level of Service F (LOS F), and are listed as one of the 100 most critical intersections in Ada County. Access control within the operating area of the intersection is vital to the safe operations of the intersection. The subject site's additional traffic will exacerbate the traffic problems at these intersections. 18. Based on development patterns in this area and the resulting traffic generation, staff anticipates that the transportation system will not be adequate to accommodate additional traffic generated by this proposed development at accepted levels of service without modifications to Eagle Road and Overland Road, and the intersection. 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: 19. Dedicate 54 to 48-feet of right-of-way frOln the.centerlin.e of Overland Road abutting the parcel by Ineans, 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. . FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT ~ 24 20. Dedicate 52 to 48-feet of right-of-way from the centerline of Eagle 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. 21. Construct a 5-foot wide detached concrete sidewalk on Eagle 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. 22. ConstnlCt a 5-foot wide detached concrete sidewalk on Overland 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. 23. Construct the proposed driveway on Overland Road approximately 240-feet west of Eagle Road. This driveway meets District policy as a right-in/right-out driveway only and is approved with this application. The applicant shall coordinate with the Districts Traffic Services Division to determine a mean to restrict this driveway to a right-in/right- out driveway only (i.e. raised median, inten1al island, etc.). 24. Construct the proposed driveway on Overland Road approxirnately 550-feet west of Eagle Road as a full-access driveway. This driveway meets District policy and is approved with this application. . 25. Construct the proposed public roadway access point located on Overland Road approximately 950-feet west. of Eagle' Road is a collector roadway. This location is granted a modification of policy and is approved with this application. 26. Construct the proposed public roadway on Eagle Road approximately 700-feet south of Overland Road as a full-access FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 25 roadway. This roadway meets District policy and is approved with this application. 27. Construct the proposed driveway on Eagle Road located approximately 1,lS0-feet south of Overland Road. This driveway was granted as a modification of policy by the District's Commission on January 16, 2002. 28. Construct the proposed public roadway on Eagle Road approximately 1, 700-feet south of Overland Road. This roadway meets District policy and is approved with this application. 29. Construct the proposed public roadway on Eagle Road approximately 2,400-feet south of Overland Road as a full access roadway. This roadway meets District policy and is approved with this application. 30. Construct the proposed spine road with connections at Overland Road and Eagle Road, as proposed. This roadway shall be constructed as a 46-foot street section with curbs, gutters and sidewalks within 70-feet of right-of~way, as proposed. Parking shall be restricted on the proposed street, and the applicant shall submit a signage plan prior to final plat approval. 31. Construct the proposed roadway on Eagle Road located approximately 1,700-feet south of Overland Road to align with the roadway that was approved with the Silverstone Corporate Center. This roadway shall be constnicted as a 46-foot street section with curbs, gutters and sidewalks within 'lO-feet of right-of-way. Parking shall be restricted on the proposed stt:eet, and the applicant shall submit a signage plan prior to final plat approval. 32. Construct the proposed roadway on Eagle Road located approximately 700-feet south of Overland Road is proposed to offset a driveway that was ~pproved with the Silverstone "FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 26 Corporate Center. This roadway shall be constructed as a 46- foot street section with curbs, gutters and sidewalks within 70- feet of right~of-way. Parldng shall be restricted on the proposed street, and the applicant shall sublnit a signage plan prior to final plat approvaL 33. Constluct center turn lanes on Overland Road and Eagle Road for the proposed public street intersections and for all of the full access driveways. 34. Construct a left turn bay at the main entrance on Eagle Road. 35. Enter into a three way written agreement with the District for the cost and specific location of the traffic signal on Eagle Road. 36. , Any proposed landscape islands/medians within the public right-of~way dedicated by this plat shall be owned and maintained by a hOlneowners association. Notes of this shall be required on the final plat. 37. Constntct a stub street to the west property line. The applicant has proposed that the stub street be located approximately 450 feet north of the south property line. Staff is supportive of this location or any location that is located south of the proposed Lot II. The applicant shall construct the stub street and provide a paved temporary turnaround at the west end of the stub street with a temporary easement provided to the District. The applicant shall be required to install a sign at the terminus of the roadway stating that, t1THIS ROAD WILL BE EXTENDED IN THE FUTUREtI. Coordinate the sign plan for the stub street, and the desigrl of the turnaround (if necessary) with District staff. 38. The turnarounds shall be constructed to provide a minimum turning radius of 55-feet. . FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT ~ 27 39. Any existing inigation facilities shall be relocated outside of the right-of-way. 40. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. 41. 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. 42. Other than the access points specifically approved with this application, direct lot or parcel access to Eagle Road and Overland Road is prohibited. Lot access restrictions, as required :with this application, shall be stated on the final plat. Adopt the Meridian Fire Department Recommendations as follows: 43. A fire-flow consistent with Appendix III-A of the Uniform Fire Code shall be provided to service the entire project. Fire hydrants shall be placed an average of 400' apart at approved locations. 44. Operational fire hydrants and temporary or pennanent street signs are required before combustible construction begins. 45. Acceptance of water supply for fire protection is contingent upon acceptance of the water system by the City of Meridian. 46. Final approval for fire hydrant location shall be by the Meridian Fire Department. 47. All turning radii shall be a minimum of 281 inside and. 48' outside. 48. Insure that all yet undeveloped parcels are maintained free of combustible vegetation. 49. The roadways shall be built to Ada County Highway standards. . FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 28 50. Provide an approved turnaround on the West end of Goldstone Way or provide a connection to the adjacent project. Adopt the Recommendation of the N ampa & Meridian Irrigation District as follows: 51. Applicant shall apply for a land use change/site application, and 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 ll1ust review drainage plans. The developer must comply with Idaho Code s31 w3805. Adopt the RecOlnmendation of the Meridian Parks and Recreation as follows: 52. The pathway construction shall include a stop sign at Eagle Road, non~motorized vehicle signs, and vehicle restriction bollards at both ends of the path shall be required also. Any other access points that the vehicles could enter, 33-gallon garbage receptacles should be installed on small concrete slabs every 300 to 400 feet. Adopt the Recommendations of the Central District Health Department as follows: 53. The Applicant's central sewage and central water plans luust be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 54. Run-off is not to create a mosquito b.reeding problem. 55. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to 'groundwater and surface water quality. 56. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stonnwater management .FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 29 system that prevents groundwater and surface water degradation. 57. Applicant shall submit plans for review for any and all food establishlnents, swimming pools or spas, beverage establishments. Adopt the Recommendations of Sanitary Services as follows: 58. The complex will generate approximately 3.5 cubic yards per day. Applicant shall allow a minilnum of 12' inside gate post clearance and a clear obstruction free drive on capability for an 8 cubic yard container. 2. The conditions shall be reviewable by the Council pursuant to Meridian 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 111 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT ~ 30 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. 2 /r(!L By action of the City Council at its regular meeting held on the day of ~ ,2002. ROLLCALL: COUNCILMAN KEITH BIRD VOTED$t4.-- COUNCILWOMAN TAMMY deWEERD VOTED~v COUNCILWOMAN CHERIE Me CANDLESS VOTED~v COUNCILMAN WILLIAM L.M. NARY VOTED*'-- MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED - DATED: 4~2--02-- MOTION: ~~ APPROVEDb - DISAPPROVED: . Bydl;&~4&tf ~ C'ity Clerk f " I ~:> '\ ':?,. ,- "l. ~fj:~ Z:\Work\M\Meridian\Meridian 15360M\EI Dorado Bus Campus AZO 1-0 18 pro 1-020 curo] -037\FfC1sCUPO;l:0 ' '::c;";;,~, f.~ (.il,,;;'~5 ~:=",. t', . '"' \i7o" t<'Y:~,;.,." ,.':_.~"\_ '.::, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION ANi,a::;::;,',': ORDER GRANTING CONDITIONAL USE PERMIT - 31 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A PLANNED DEVELOPMENT FOR EL DORADO BUSINESS CAMPUS IN A C-C AND CwG ZONES, LOCATED AT THE SOUTHWEST CORNER OF E. OVERLAND ROAD AND S. EAGLE ROAD, MERIDIAN, IDAHO W.H. MOORE COMPANY, APPLICANT C/C 03/19/02 Revised 04/02/02 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. CUP-OI-03? ORDER GRANTING CONDITIONAL USE PERMIT 1. This matter coming before the City Council on the March 19, 2002, under the provisions of Meridian City Code ~ 11 w 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 t~1e Council takes the follovving action: 2. That the above named applicant is granted a conditional use permit for a planned development for a mix of uses such as office, retail, ORDER CONDITIONAL USE PERMIT (CUpwOlw037) - I restaurants, and hotels/motels in a C-C and C-G zones located at the southwest corner of E. Overland Road and S. Eagle 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. A multi use pathway shall be constnlcted along the Ridenbaugh Canal. The Applicant shall work with the Parks Department to determine the location, dedication, 111aintenance, surfacing, landscaping, and other improvements associated with a Multi- use pathway. Ten copies of a revised site plan indicating the location" width, landscaping and associated iInprovements of the p'athway(s) shall be submitted. The following standards shall apply to the multi use path: 1. A IninilnU111 lO-foot wide hard surface pathway shall be constructed by the Applicant; 2. The pathway shall be constnlCted either within a pennanent pedestrian easement in favor of the City of Meridian or within a separate common lot that is deeded to the City of Meridian; 3. Said pedestrian easement or COlnlnon lot shall connect to the public sidewalk adjacent to Eagle Road in the general area of the southeast corner of Lot 1, Block 1 and meander due west and terminate' at the west subdivision boundary. The easement or common lot shall be at least 20 feet wide at its narrowest point and be 30 feet v~de where building locations and topography will allow, and Inay, to the extent permitted by NMID, encroach upon that part of the Ridenbaugh Canal 100 feet right-of-way lying north of the canal maintenance road; 4. A minimum 5-foot wide strip of landscaping or natural vegetation that creates a durable groundcover shall be ORDER CONDITIONAL USE PERMIT (CUP-OI-037) ~2 provided between the fence and the south edge of pathway. Said vegetation may be provided either vvithin the pedestrian easement or vvithin NMID's easement; 5. No solid fencing vvill be permitted on the north side of the pathway, between the buildings and the pathway, except as otherwise agreed upon in writing by the City; 6. An open-vision fence shall be constructed on the south side of the pathway and north of the irrigation maintenance road, as close to the top of bank as will be permitted by the Nampa Meridian Irrigation District; 7, The pathway and associated landscaping shall be improved prior to the first Certificate of Occupancy "being issued south of Copper Point Drive or by the opening of the future city park west of EI Dorado Business Campus Subdivision, whichever comes first. 2. Buildings located on the properties adjacent to the Thousand Springs Subdivision (south property line) shall be restricted to a maximum of 35' feet to the top of the roof in height (as opposed to 40'). One building is permitted north of the stub road, along the west edge, prior to approved final plat. 3. Bicycle racks shall be installed at all buildings used for office and retail use within the EI"Dorado Subdivision. 4. The applicant shall be responsible for reserving or dedicating an area within the development to be used for a future bus stop. Applicant shall coordinate the timing, size and locat,ion of the bus stop vvith the VIATrans staff and sublnit a Jetter to the P&Z Department prior to final approval of thep~rimeter landscaping plan. 5. The proposed internal jogging path crosses through several parking lots vvithin the subdivision. The pathway has been designed to cross though the parking lots by placing the pathway within the parldng' medians. The applicant shall ORDER CONDITIONAL USE PERMIT (CUP-OI~037) - 3 provide a conceptual drawing of the pathways that are to be located within the medians. The design shall incorporate the required landscaping, the jogging path and other buffers, as needed, to eliminate vehicle overhang from interfeling vvith the pathway. The drawing shall be submitted. 6. The project provides for two open spaces, jogging path and pedestrian pathway. 7. The applicant comply vvith the demand of N ampa & Meridian Irrigation District that all laterals and waste ways must be protected and all municipal surface drainage lnust be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. The developer must comply with Idaho Code 931-3805. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. 8. Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11~9-605.M. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 9. Any existing domestic wells and/or septic systems within this project shall be relnoved from their do.mestic service per City Ordinance Section 5~7-517. Wells'may be used for non- domestic purposes SLlch as landscape irrigation. 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 ORDER CONDITIONAL USE PERMIT (CUP-O 1-03 7) ~ 4 Ordinance and in accordance with .AInericans with Disabilities Act (ADA) requirements. 12. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be sublnitted 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&R1s 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 Ci'ty of Meridian Zoning and Developlnent Ordinance. No temporary signage, flags, banners or flashing signs shall be permitted. Adopt the Recommendations of ACHD as follows: Special Recommendation to City of Meridian: 15. 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. 16. In order to reduce trips to and frOln this developlnent, the tenants occupying the proposed building ( s) should be required to participate in any Transportation Managelnent Association (TMA) or Transportation Management Organization" (TMO) . that is fonned with a boundal)' that includes this site or is adjacent to this development. 1 7. The Overland/Eagle Road and Meridian/Overland Road intersections operate at a Level of Service F (LOS F), and are listed as one of the 100 most critical intersections in Ada ORDER CONDITIONAL USE PERMIT (CUP-O 1-03 7) - 5 County. Access control within the operating area of the intersection is vital to the safe operations of the intersection. The subject site's additional traffic will exacerbate the traffic problems at these intersections. 18. Based on development patterns in this area and the resulting traffic generation, staff anticipates that the transportation system will not be adequate to accommodate additional traffic generated by this proposed development at accepted levels of service without modifications to Eagle Road and Overland Road, and the intersection. 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: 19. Dedicate 54 to 48-feet of right-of-way from the centerline of Overland 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. 20. Dedicate 52 to 48-feet of right-of-way from the centerline of Eagle 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. 21. Construct a 5 ~ foot "vide detached concrete sidewalk on Eagle Road located 2~feet within the new right-of-way.. Coordinate the location and elevation of the sidewalk with Distrktstaff. If the sidewalk meanders outside of the right-of-way, provide an easement for the sidewalk. 22. Construct a 5-foot wide detached concrete sidewalk on Overland Road located 2-feet within the new right-of-way. Coordinate the location and elevation of the sidewalk with ORDER CONDITIONAL USE PERMIT (CUP-O 1-03 7) - 6 District staff. If the sidewalk meanders outside of the right-of~ way, provide an easement for the sidewalk. 23. Construct the proposed driveway on Overland Road approximately 240-feet west of Eagle Road. This driveway meets District policy as a right-in/right-out driveway only and is approved with this application. The applicant shall coordinate with the Districts Traffic Services Division to determine a mean to restrict this driveway to a right-in/right- out driveway only (i.e. raised median, internal island, etc.). 24. Construct the proposed driveway on Overland Road approximately 550-feet west of Eagle Road as a full-access driveway. This driveway meets District policy and is approved with this, application. 25. . Construct the proposed public roadway access point located on Overland Road approximately 950-feet west of Eagle Road is a collector roadway. This location is granted a modification of policy and is approved with this application. 26. Construct the proposed public roadway on Eagle Road approximately 700-feet south of Overland Road as a full-access roadway. This roadway meets District policy and is approved with this application. 27. Construct the proposed driveway on Eagle Road located approximately I, 150-feet south of Overland Road. This driveway was granted as a modification of policy by the District's Commission on January 16; 2002. 28. Construct the proposed public roadway on Eagle Road approximately 1,700-feet south of Overland Roa,d: This roadway meets District. policy and is approved. with this application. 29. Construct the proposed public roadway on Eagle Road approximately 2,400-feet south of Overland Road as a full ORDER CONDITIONAL USE PERMIT (CUP-OI-037) - 7 access roadway. This roadway meets District policy and is approved with this application. 30. Construct the proposed spine road with connections at Overland Road and Eagle Road, as proposed. This roadway shall be constructed as a 46-foot street section with curbs, gutters and sidewalks within 70-feet of right-of-way, as proposed. Parldng shall be restricted on the proposed street, and the applicant shall submit a sigIlage plan prior to final plat approvaL 31. Construct the proposed roadway on Eagle Road located approximately 1,700-feet south of Overland Road to align with the roadway that was approved with the Silverstone Corporate Center. This roadway shall be constructed as a 46-foot street section with curbs, gutters and sidewalks within 70-feet of right-of-way. Parldng shall be restricted on the proposed street, and the applicant shall submit a signage plan prior to final plat approval. 32. Construct the proposed roadway on Eagle Road located approximately 700-feet south of Overland Road is proposed to offset a driveway that was approved with the Silverstone Corporate Center. This roadway shall be constructed as a 46- foot street section with curbs, gutters and sidewalks within 70- feet of right-of-way. Parldng shall be restricted on the proposed street, and the applicant shall submit a signage plan prior to final plat approval. 33. Construct center turn lanes on Overlalld Road and Eagle Road for the proposed public street intersections and for~ all of the full access driveways. 34. ~ Construct a left turn bay at the main entrance on Eagle Road. 35. Enter into a three way written agreement with the District for the cost and specific location of the traffic signal on Eagle Road. ORDER CONDITIONAL USE PERMIT (CUP-O 1-03 7) - 8 36. 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. 37. Construct a stub street to the west property line. The applicant has proposed that the stub street be located approximately 450 feet north of the south property line. Staff is supportive of this location or any location that is located south of the proposed Lot 11. The applicant shall construct the stub street and provide a paved temporary turnaround at the west end of the stub street with a telnporary easement provided to the Distlict. The applicant shall be required to install a sign at the tenninus of the roadway stating that, ITHIS ROAD WILL BE EXTENDED IN THE FUTURE'. Coordinate the sign plan for the stub street, and the design of the tun1around (if necessary) "Vi th District staff. 38. The turnarounds shall be constructed to provide a minimum turning radius of 55-feet. 39. Any existing irligation facilities shall be relocated outside of the right-of-way. 40. Utility street cuts in pavelnent less than five years old are not allowed unless approved in writing by the District. 41. If utility relocation is necessary to construct improvements required with this development, then all utility relocation costs associated with ilnproving street frOlltages abutting the site shall be borne by the developer. 42. Other than the access points specifically approved with this application, direct lot or parcel access to Eagle. Road' and Overland Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. Adopt the Meridian Fire Department Recommendations as follows: ORDER CONDITIONAL USE PERMIT (CUP-OI-037) - 9 43. A fire-flow consistent with Appendix III-A of the Uniform Fire Code shall be provided to service the entire project. Fire hydrants shall be placed an average of 400' apart at approved locations. 44. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 45. Acceptance of water supply for fire protection is contingent upon acceptance of the water system by the City of Meridian. 46. Final approval for fire hydrant location shall be by the Meridian Fire Department. 47. All turning radii shall be a minimum of 281 inside and 48' outside. . 48. Insure that all yet undeveloped parcels are maintained free of combustible vegetation. 49. The roadways shall be built to Ada County Highway standards. 50. Provide an approved turnaround on the West end of Goldstone Way or provide a connection to the adjacent project. Adopt the Recommendation of the N ampa & Meridian Irrigation District as follows: 51. Applicant shall apply for a land use change/site application, and all laterals and waste ways must be protected and all municipal surface drainage Inust be retained on site. If any surface drainage leaves the site, the District must review drainage plans. The developer must complyvvith Idaho Code S31-3~05. Adopt the Recommendation of the Meridian Parks and Recreation as follows: 52. The pathway construction shall include a stop sign at Eagle Road, non-motorized vehicle signs, and vehicle restriction bollards at both ends of the path shall be required also. Any ORDER CONDITIONAL USE PERMIT (CUP-OI-037) - 10 other access points that the vehicles could enter, 33-gallon garbage receptacles should be installed on small concrete slabs every 300 to 400 feet. Adopt the Recommendations of the Central District Health Department as follows: 53. 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. 54. Run-off is not to create a mosquito breeding problem. 55. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 56. . The Engineers and architects involved with the design of the subject project shall obtain current best managelnent practices for stonnwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. 57. Applicant shall submit plans for review for any and all food establishments, svvimming pools or spas, beverage establishments. Adopt the Recommendations of Sanitary Services as follows: 58. The complex will generate approximately 3.5 cubic yards per day. Applicant shall allow a minimum of 12' inside gate post clearance and a clear obstnlction free dlive on capability for an 8 cubic yard container. 3. The above conditions are concluded to be reasonable arid the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. .ORDER CONDITIONAL USE PERMIT (CUP-O 1-037) - II 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 ;2 AI !J day of ~ ,2002. . Corrie, Mayor City of Meridian Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. ByJl~--:.b~9~ Citv Clerk . . -' Dated: 1- - ! fi---tJ Z- Z:\Work\M\Meridian\Meridian 15360M\EI Dorado Bus Campus AZO I -0 18 PPO I -020 CUPO 1-037\OrderCUp,cJ'Od'>>w,o,,'> ORDER CONDITIONAL USE PERMIT (CUP-O 1-037) - 12 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 03!l9/02 Revised 04/02/02 IN THE MATTER OF THE ) REQUEST FOR PRELIMINARY ) PLAT FOR EL DORADO ) BUSINESS CAMPUS, LOCATED ) AT THE SOUTHWEST ) CORNER OF E. OVERLAND ) ROAD AND S. EAGLE ROAD, ) MERIDIAN, IDAHO ) ) BY: W.H. MQORE COMPANY, ) APPLICANT ) ) Case No. PP-OI-020 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 March 19,2002, and Shari Stiles, Planning and Zoning Administrator, and Jonathan Seal, Joseph Waters, Frank Harron, Chris McMasters, and Cornell Larsen, appeared and testified, and the City Council having received a report from Brad Hawkins-Clark, Planner for Planning an,d Zoning, and Bruce Freckleton, Engineering Technician III, 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 "PRELIMINARY PLAT, EL DORADO BUSINESS CAMPUS SUBDIVISION, PRELIMINARY PLAT - W.H. MOORE COMPANY, PROJECT NO. 212-02, DAY STAMP: PREPLAT.dwg 81401 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER . OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT El DORADO BUSINESS COMPANY / (PP~01-020) I ( 114840, DESIGNED BY: CEC, PLOT DATE: 3/6/02, SHEET C-l, QUADRANT CONSULTING, INC.", 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 S 12-3-3. Therefore the City Council makes the follovving findings: FINDINGS OF FACT I. That the proposed development is in conformance with the Comprehensiv~ Plan by reason of the fact that it lies within the existing Urban Area as definedin 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 Community Business District (C-C) and General Retail and Service Commercial District (C-G), and requires connection to the Municipal Water and Sewer System. [Meridian City Code S 11-7-2 I and KJ 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. 4. The proposed development is a continuity of the proposed development FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT EL DORADO BUSINESS CAMPUS / (PP-OI-020) 2 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 preliminary 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, vvill not create health, safety or environmental problems and there have been no specifics of any s,-:ch 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 preliminmy plat as hereinafter set forth. 7. The applicant has submitted for consideration of this approval drawing of the preliminary plat herein designated as: "PRELIMINARY PLAT, EL DORADO BUSINESS CAMPUS SUBDIVISION, PRELIMINARY PLAT - W.H. MOORE COMPANY, PROJECT NO. 212-02, DAY STAMP: PREPLAT.dwg 81401 114840, DESIGNED BY: CEC, PLOT DATE: 3/6/02, SHEET C-'l, QUADRANT CONSULTING, INC.". 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 . FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT EL DORADO BUSINESS CAMPUS / (PP-O 1-020) 3 herein adopted: IT IS HEREBY ORDERED AND THIS DOES ORDER 1. The Preliminary Plat of the applicant as evidenced by " PRELIMINARY PLAT, EL DORADO BUSINESS CAMPUS SUBDIVISION, PRELIMINARY PLAT - W.H. MOORE COMPANY, PROJECT NO. 212-02, DAY STAMP: PREPLAT.dwg 81401 114840, DESIGNED BY: CEC, PLOT DATE: 3/6/02, SHEET C-l, QU~RANT CONSULTING, INC.", DEVELOPER is hereby conditionally ~pproved; and 2. The conditions of approval are as follows to-wit: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. SanitalY sewer and water service to this site shall be via existing and new service lines from the existing mains adjacent to the property. The applicant shall be responsible to construct lateral sewer mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing vvith the Public Works Department. Water and Sewer mains will not be allowed within landscape areas or beneath landscape islands. Payment of the latecomer's fee is required prior to signature on the final plat map by the City Engineer. 2. The sidewalks shall be detached along Eagle Road and a minimum S- o foot wide landscaped parkway shall be installed between the curb and sidewalk in accordance with the adopted Landscape Ordinance. A 5- foot wide sidewalk shall also be required along all public streets on the interior of the subdivision. 3. The Applicant has requested that a single building permit for Building # I (see CUP Site Plan) be granted for the legal parcel prior to the Final Plat being recorded. If adequate fire flow and pressure is present prior FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT EL DORADO BUSINESS CAMPUS / (PP-OI-020) 4 to the commissioning of the new City well currently being built in the Silverstone Project, a condition shall be that a Certificate of Zoning Compliance may not be applied for prior to the formal Annexation ordinance being adopted. All Eagle and Overland Road landscaping shall be installed prior to Certificates of Occupancy and any required fencing shall be installed prior to issuance of the building permit. 4. All subdivision perimeter landscaping shall be installed or 110% surety amount and bids submitted for required landscaping prior to City signature of the Final Plat. 5. No fencing details were submitted with the application. If fencing is proposed or, required by the City, Applicant shall submit detailed fencing plans with the Final Plat application. In lieu of permanent fencing, t,emporary construction fencing shall be installed during construction on .' any lot to contain construction debris. 6. A detailed irrigation plan including performance specifications shall be submitted as part of the required landscaping plan for the final plat. A letter of credit or cash in the amount of 110% shall be required for these improvements prior to signature on the final plat. 7. 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. Plans and specifications for the irrigation system shall be reviewed by the Public Works Department as part of the development plan review process. A draft copy of the pressurized irrigation sy~tem O&M manual shall be submitted prior to plan approval. . 8. If a well or surface source is not available, a single-point connection to the _ City of Meridian's domestic water system shall be allowed for the development. In the event that domestic water is used as a backup source, common areas within the development shall be subject to City of Meridian water assessments. Payment of water assessment fees for the common areas is required prior to city signatures on the final plat map 9. All of the required street buffer landscaping along Eagle and Overland Roads shall be installed prior to the issuance of a Certificate of Occupancy FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT EL DORADO BUSINESS CAMPUS I (PP-OI-020) 5 for any building on any lot created by the subdivision. 10. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees shall not be considered as replacement trees for those trees that have to be removed. 11. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord.5S7, 10-1-91) for all off-street parking areas. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication, "Catalog of Storm Water Best Managelnent Practices for Idaho Cities and Counties" and City of !y1eridian standards and policies. Off-site disposal into a surface water is . prohibited unless the jurisdiction which has authority over the receiving stream provides vvritten 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. 12. The "Outdoor Plaza" area shown on the CUP Site Plan shall be located on a separate common lot within the subdivision and a note added that this lot shall be owned and maintained by the El Dorado Business Owner's Association. 13. The stub street to the west property line is named Blue Horizon Drive. Applicant shall include a proposed street n?-me on the face of a revised Preliminary Plat. . 14. Applicant shall modify the "Common Area Lots" table on the face of the _ Preliminmy Plat to delete Lot 1, Block 20 and Lot 1, Block 21: These common lots were removed from the original plat map. . 15. Applicant shall modify the Preliminary Plat and its legend to identify and label the boundaries of the multi-use pathway easement required in the CUP site specific conditions. Submit a revised Preliminary Plat. 16. Applicant shall add a note to the plat that all lots are restricted to 35' in FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL AFPROV AL OF PRELIMINARY PLAT EL DORADO BUSINESS CAMPUS! (PP-OI-020) 6 height on those lots on the southern boundary of the plat. 17. Only L-O shall be permitted uses along the south property line without a separate CUP. 18. Any existing domestic wells and/or septic systems within this project shall have to be removed from their domestic service pef City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. 19. Submit a copy of the Ada County Street Name Committee's final approval letter for the subdivision name, lot and block numbering. Make any corrections ~1ecessary to conform. 20. J\ssessment fees for water and sewer service are determined during the " building plan review process. ' 21. Coordinate fire hydrant placement vvith the City of Meridian Public Works Department. Adopt the Recommendations of ACHD as follows: 1. 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 , 2. In order to reduce trips to and from this development, the tenants occupying the proposed building(s) should be required'to participate in . any Transportation Management Association (TMA) or Transportation Management Organization (TMO) that is formed with abouridary that includes this site or is adjacent to this development. 3. The Overland/Eagle Road and Meridian/Overland Road intersections operate at a Level of Service F (LOS F), and are listed as one of the 100 most critical intersections in Ada County. Access control within the operating area of the intersection is vital to the safe operations of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT EL DORADO BUSINESS CAMPUS / (PP-OI-020) 7 intersection. The subject site's additional traffic will exacerbate the traffic problems at these intersections. 4. Based on development patterns in this area and the resulting traffic generation, staff anticipates that the transportation system will not be adequate to accommodate additional traffic generated by this proposed development at accepted levels of service without modifications to Eagle Road and Overland Road, and the intersection. 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. !?edicate 54 to 48-feet of right-of-way from the centerline of Overland . 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 52 to 48-feet of right-of-way from the centerline of Eagle 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 requir~d permits), whichever occurs first. 3. Construct a 5-foot wide detached concrete sidewalk on Eagle 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, proviQ.e an easement for the sidewalk . 4. Construct a S-foot wide detached concrete sidewalk on" Overland 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. 5. Construct the proposed driveway on Overland Road approximately 240-feet west of Eagle Road. This driveway meets District policy as a right-in/right-out driveway only and is approved with this application. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT EL DORADO BUSINESS CAMPUS / (PP-OI-020) 8 The applicant shall coordinate with the Districts Traffic Services Division to determine a mean to restrict this driveway to a right- in/right-out driveway only (Le. raised median, internal island, etc.). 6. Construct the proposed driveway on Overland Road approximately 5S0-feet west of Eagle Road as a full-access driveway. This driveway meets District policy and is approved vvith this application. 7. Construct the proposed public roadway access point located on Overland Road approximately 950-feet west of Eagle Road as a collector roadway. This location is granted a modification of policy and is approved with this application. 8. Construct the proposed public roadway on Eagle Road approximately ~OO-feet south of Overland Road as a full-access roadway. This . roadway meets District policy and is approved with this application. 9. Construct the proposed driveway on Eagle Road located approximately 1,150-feet south of Overland Road. This driveway was granted as a modification of policy by the District's Commission on January 16, 2002. 10. Construct the proposed public roadway on Eagle Road approximately 1,700-feet south of Overland Road. This roadway meets District policy and is approved with this application. II. Construct the proposed public roadway on Eagle Road approximately 2,400-feet south of Overland Road as a full.access roadway. This roadway meets District policy and is approved with this application. 12. Construct the proposed spine road with connections at. Overland Road _ and Eagle Road, as proposed. This roadway shall be constructed .as a 46-foot street section with curbs, gutters and sidewalks within70-feet of right-of-way, as proposed. Parldng shall be restricted on the proposed street, and the applicant shall submit a signage plan prior to final plat approval. 13. Construct the proposed roadway on Eagle Road located approximately 1,700-feet south of Overland Road to align with the roadway that was FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT EL DORADO BUSINESS CAMPUS / (PP-OI-020) 9 approved with the Silverstone Corporate Center. This roadway shall be constructed as a 46~foot street section with curbs, gutters and sidewalks within 70-feet of right-of-way. Parking shall be restricted on the proposed street, and the applicant shall submit a signage plan prior to final plat approval. 14. Construct the proposed roadway on Eagle Road located approximately 700~feet south of Overland Road is proposed to offset a driveway that was approved with the Silverstone Corporate Center. This roadway shall be constructed as a 46-foot street section with curbs, gutters and sidewalks within 70-feet of right-of-way. Parking shall be restricted on the proposed street, and the applicant shall submit a signage plan prior to final plat ,approval. IS. ~onstruct center turn lanes on Overland Road and Eagle Road for the . proposed public street intersections and for all of the full access driveways. 16. Construct a left turn bay at the main entrance on Eagle Road. 17. Enter into a three way written agreement with the District for the cost and specific location of the traffic signal on Eagle Road. 18. Any proposed landscape islands/medians within the public right~of~way dedicated by this plat shall be ovvned and maintained by a homeowners association. Notes of this shall be required on the final plat. 19. Construct a stub street to the west proper~y line. The applicant has proposed that the stub street be located approximately 450 feet north of the south property line. Staff is supportive of this location or any location that is located south of the proposed Lot 11. The appli€ant _ shall construct the stub street and provide a paved temporary. .. turnaround at the west end of the stub street with a temporary easement provided to the District. The applicant shall be required to install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTUREli. Coordinate the sign plan for the stub street, and the design of the turnaround (if necessary) with District staff. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT EL DORADO BUSINESS CAMPUS / (PP-OI-020) 10 20. The turnarounds shall be constructed to provide a minimum turning radius of 55-feet. 21. Any existing irrigation facilities shall be relocated outside of the right- of-way. 22. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. 23. 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. 24. Qther than the access points specifically approved with this .. application, direct lot or parcel access to Eagle Road and Overland Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. Adopt the Meridian Fire Department Recommendations as follows: 1. A fire-flow consistent with Appendix III-A of the Uniform Fire Code shall be provided to service the entire project. Show all proximity fire hydrants within 500' of the project on the resubmitted plat. 2. All corners shall have to have 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 contin:gent upon _ acceptance of the water system. by the City of Meridian for water quality. 5. Final approval for fire hydrant locations shall be by the Meridian Fire Department. 6. Insure that all yet undeveloped parcels are maintained free of combustible vegetation. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT EL DORADO BUSINESS CAMPUS / (PP-OI-020) 11 7. The roadways shall be built to Ada County Highway standards. 8. Provide an approved turnaround for any street, which exceeds 150' in length as a result of the phasing of the project, and particularly the street that extends to the west from IGng Salomon Way. 9. Block 1 Lots 5 & 6 may be required to have a second means of access depending on the configuration of the project. Adopt the Recommendation of the Nampa & Meridian Irrigation District. 1. Applicant sl:all apply for a land use change/site application. 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. Additionally, comply with the action of the Council from their meeting held on Tuesday, March 19,2002, as follows: 1. The N ampa & Meridian Irrigation District requires if a pressure urban irrigation system will be owned, operated and maintained by the District, then a questionnaire shaH be filled out and returned in order to initiate the process of contractual FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT EL DORADO BUSINESS CAMPUS / (PP-01-020) 12 agreements between the owner or developer and the District, for the ownership, operation and maintenance of the pressure urban irrigation system. 2. The Nampa & Meridian Irrigation District's Ridenbaugh Canal courses along the south boundary of the project. The Ridenbaugh Canal is high fill canal in this area and any excavation could result in leakage. If any excavation is planned within this area a License Agreement shall be in place. 3. All pressure irrigation lines shall be looped. All laterals and waste ways shall be protected and all municipal surface drainage shall be retained on site. Any encroachments without approved plans'are unacceptable. If any surface drainage leaves the site, the District must review drainage plans. The developer shall comply with Idaho Code s31-3805. 4. The Parks Department requires that a 10' wide hard surface path be required on the southern portion of El Dorado Business Campus, and constructed at the base of the Ridenbaugh Canal bank with a 20' buffer between the edge of the path and nearest building, with the landscaping to be maintained by the developer. 5. The Meridian Police Department requires the site have a comprehensive traffic analysis, and the analysis shall include commitments from the Ada County Highway District and the City to work to improve roadways. , 6. The Sanitary Service notes there are no waste enclosure designs provided for. By action of ,!.he City Council at its regular meeting held on the . day of ~ ,2002. 2 I-! /j ROLL CALL FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT EL DORADO BUSINESS CAMPUS / (PP-OI-020) 13 COUNCILMW BIRD VOTED ~'-'" VOTED~U COUNCILWOMW deWEERD COUNCILWOMW McCANDLESS VOTED -f/!:-Ct......-- COUNCILMW NARY VOTED -1!!:.!:..- MAYOR ROBERT D. CORRIE (TIE BREAI~R~' Copy served upon Applicant, The Planning and Zoning Department, PubHc Works Department and City Attorney. VOTED -- ByJl~,fr~ ~ City Clerk Dated: .~ ",,'9- /1" Z:\Worl~\M\Meridian\Meridian I 5360M\EI Dorado Bus Campus AZO 1-018 PPO 1-020 CUPO 1-03 7\FfClsOrdPI . FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL AFPROV AL OF PRELIMINARY PLAT EL DORADO BUSINESS CAMPUS! (PP-01-020) 14 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF PROVIDENCE DEVELOPMENT GROUP, INGLENOOK LLC, FOR APPROVAL OF FINAL PLAT FOR INGLENOOK SUBDIVISION, LOCArED AT 2720 S. LOCUST Cn.OVE ROAD, MERI.DIAN, IDAHO C/C 04/02/02 ) ) ) ) ) ) ) ) ) ) CASE NO. FP-02-003 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Meridian City Code S 12-3-7 on April 2, 2002, and the Council finding that the Administrative Review is complete which has included certain comments and conditions as stated in a letter to the Mayor and Council from Bruce Frecldeton, Engineering Technician III, and David McIGnnon, Plam!er II for the Planning and Zoning Department, listing 6 General Requirements and 9 Site Specific' Comments, which are herein found fair and reasonable; and at the April 2, 2002 meeting, Shari Stiles, Planning and Zoning Administrator, and Ashley Ford, commented at the hearing, and no one appeared in opposition, and the Council having considered the requirements of the preliminary plat the Council takes the following action: ORDER OF CONDITIONAL APPROVAL OF FINAL -PLAT FOR INGLENOOK SUBDIVISION (FP-02-003) - I IT IS HEREBY ORDERED THAT 1. The Plat of "INGLENOOK SUBDIVISION" as evidenced in Plat bearing the "PLAT SHOWING INGLENOOK SUBDIVISION, LOCATED IN THE NW 1/4 OF THE SW IJ4 OF SECTION 20, T.3N., R IE., B.M., MERIDIAN, ADA COUNTY, IDAHO 2002, HUBBLE ENGINEERING, INC., MERIDIAN, IDAHO, SHEET 1 OF 2, DEVELOPER: PROVIDENCE DEVELOPMENT GROUP, LLC, MERIDIAN, IDAHO,4-QO-265, DATED: MAR 13 2002, K:\Babbit-Inglenook Sub. (4-00-26S-00)Ddrawings\DESIGN\INGLENOOK_PLATI.dwg 02/l7/2002", and Providel1ce Development Group, Inglenook LLC, Developer, is Conditionally Approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Bruce Freckleton, Engineering Technician III, and David McKinnon, Planner II for the Planning and Zoning Department, dated March 26, 2002, listing 6 General Requirements and 9 Site Specific Comments, a true and correct copies are attached hereto marked Exhibit "A", and consisting of three pages, and by this reference incorporated herein~ with the additional requirements as follows, to-wit: 1.1 Deputy Fire Chief, Joseph Silva, requiremetns are: . a. 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. ORDER OF CONDITIONAL AFPROV AL OF FINAL PLAT FOR INGLENOOK SUBDIVISION (FP-02-003) -2 b. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 c. Acceptance of the water supply for fire protection will be by the Meridian Water Department. d. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. e. All radii shall be 28' inside and 48' outside radius. f. .Insure that all yet undeveloped parcels are maintained free of combustible vegetation per section 1103.2.4 of the UFC. g. The roadways shall be built to Ada County Highway Standards. UFC 902.2.1 h. All cul~de-sacs shall have a radius of 50'. 1. The project shall provide a stub street to the North which will eventually be connected to a main arterial. J. The curb in front of Block 1 Lot 2 and Block 3 Lot 2 will have to be painted red to prevent parking that will diminish the 20' wide access road required by the fire code. 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: 2.1 The Plat dimensions are approved by the City Engineer; and ORDER OF CONDITIONAL APPROVAL OF FINAL . PLAT FOR INGLENOOK SUBDIVISION (FP-02-003) -3 ( 2.2 The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required 011- site improvements. By action of the City Council at its regular meeting held on the 2@ day of ~ ,2002. Copy served upon Applicant, the Planning and Zoning Department and the Public Works Department. ByJl#e-:/~ ~ ~. City Clerk Dated: \\\\\1\11111/111/ \\\ s:: DA JIll ,,\\ ~l 0, nJlEf1,J^ 11/ ....' .It '\ fV1 /". ........ C:).... ''-1 /,/ $ C,ov.POI1~)-; ''V ~ p-/g-tJ2-f ~ 1'0 \ ~ ~ ~ ~ U ::: ~,/ <:).,d ~.,. 151 ' .:y.Y$ "/.... -7 a ~-,,, ....,.... /1/'1 Of PdT'" \'0 \",\"" II "'-~'J ~, t,\, IlliiiHI nl\\"\\\\o Z:\Work\lv1\Meridian\!vleridian I 5360M\lnglenook Sub FP02-003\FPOrder02.003.doc ORDER OF CONDITIONAL AFPROV AL OF FINAL PLAT FOR INGLENOOK SUBDIVISION (FP-02-003) -4 MAYOR Rob..m. D. Corrie HUB OF TRE4.SURE VALLEY A Good Place to Live LEGAL DEPART~!ENT (208) 288-2499 . F~x 288-250 I CITY COUNCIL MElvlBERS Run Anderson KeitJl Bird Tammy deWeerd Cherie McCandless CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433, FAX (208) 887-48t3 City Clerk Office Fax (208) &88-4218 PUBLIC WORKS BUILDING DEPART~!ENT (208) 887.2211 . Fax 8&7-1297 PLANNING AND ZONING DEP ART\I,ffiNT ('l08) 884-5533 . FA.."X 888.6&54 MEMORANDUM: From: Mayor & City Council Bruce Freckleton, Assistant to City Enginee~ MAR 2 8 2002 David McKinnon, Planner II CITY OF MERIDIAN CITY CLERK OFFICE Request for a Final Plat Approval of Inglenook Subdivision - 20 Single-Family Lots and 4 Other Lots on 5.97 Acres in an R-4 Zone by Providence Development Group, Inglenook LLC (File # FP-02-003) March 26, 2002 RECEIVED To: Re: We have reviewed this .submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY . 'The application is for 20 single-family building lots on 5.97 acres of land in an R-4 zone, at a gross density of 3.35 units per acre. The parcel is currently fallow agricultural ground and bordered on the north and south by Ada County parcels, each with a single residence. The property is designated as Single Family Residential in the Comprehensive Plan. LOCATION The parcel is located at 2720 S. Locust Grove Road, on the east side of the road, 1,500 feet north of Victory Road. SURROUNDING USES North: Two unincorporated parcels, zoned RUT. Each parcel has a single family residence. South: A 5-acre, unincorporated parcel, zoned RUT, with a single family residence. East: The Nine Mile Drain abuts the.east boundary. A cOInmon open space lot in the recently approved Tarawood Subdivision, zoned R-4, is immediately east ofthe drain. West: Salmon Rapids Subdivision, zoned R-4. CURRENT OWNER OF RECORD Clifford D. Babbit is the current property owner and has submitted notarized consent for both applications. SITE SPECIFIC COMMENTS 1. Applicant is to meet all terms of the approved preliminary plat. FP.02.o03 Inglenook Sub.fj:>,doc E>G/z ,~b/f fA II I of 3 Mayor and Council March 26, 2002 Page 2 2. Street signs are to be in place, water system shall be approved and activated, pressurized irrigation system approved and activated, fencing installed, and road base approved by the Ada County Highway District prior to applying for building permits. All development improvements, including landscaping, shall be installed prior to obtaining certificates of occupancy. A letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the [mal plat. 3. Applicant shall be responsible to constmct permanent perimeter fencing, except where the City has expressly agreed, in writing, that such fencing is not necessary. Fencing is to be in place prior to applying for building permits. Fencing adjacent to the Nine Mile Drain shall be wrought iron, installed to match the fence in adjacent to the Nine Mile Drain in Tara Wood Subdivision to the east. The wrought iron fence shall be installed along the rear Iot lines of lots 3-5, Block 2 in order to delineate the buildable lots from the NMID easement. A deed restriction shall be added to Lots 3-5, Block 2 requiring that the fence remain an open-vision fence. Fencing along the southern boundary of the subdivision shall be non-combustible (chain- link). AlI other fencing js to be six-foot (6') cedar. 4. Landscaping shall be installed per the approved landscape plans (dated 3-27-02). All required landscaping shall be completed prior to obtaining certificates of occupancy. ..5. Sanitary sewer and water service to this site shall be via extensions from existing mains in Locust Grove Road. Subdivision designer to coordinate main sizing and routing with the Public Works Department. This development will be subject to applicable latecomer fees, which shall be paid prior to City signatures on the tmal plat map. 6. Applicant's engineer will be required to submit a signed, stamped statement certifying that all street finish centerline elevations are set a minimum of three feet above the highest established normal groundwater elevation. This certification will be required prior to approval of the development plans. 7. Provide a copy of the executed encroachment agreement (if any) with Nampa-Meridian Irrigation District, indicating how the land underlying the Nine Mile Drain easement may be used, prior to signature on the final plat. ' 8. In accordance with City Ordinance 12-13-8-1, underground year-round pressurized irrigation must be provided to all common landscape areas on site. 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 common landscaped areas. Applicant has not indicated whether the pressurized irrigation system within this development is to be owned and maintained by an association or the Nampa & Meridian Irrigation District. If the system is being proposed as a private system, plans and specifications for the irrigation system shall be reviewed by the Public Works Department as part of the development plan review process, and a draft copy of the pressurized irrigation system O&M manual must be submitted prior the pre-construction meeting. FP.02.Q03 Inglenook Sub.lP.doc %x.--h,/:J/I //1/( d o,f3 Mayor and Council March 26, 2002 Page 3 9. Staff's failure to cite specific ordinance provisions or terms of the approved preliminary plat does not relieve Applicant of responsibility for compliance. GENERAL REQUIREMENTS 1. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation! drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 3. Two-hundred-fifty and ~>ne-hundred watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider1s expense. Typical locations are at street intersections and/or frre hydrants. 4. Submit "Final" letter from the Ada County Street Name Committee, approving the subdivision and street names. Make any corrections necessary to conform. 5. Coordinate fIre hydrant placement with the City of Meridian's Public Works Department. 6. Provide five-foot-wide sidewalks in accordance with City Ordinance Section 12-5-2.K. RECOMMENDATION Staffrecommends approval of this application, with the above noted comments. FP-02-003 Inglenook Sub.lp.doc b h {'bl'l'/! cr S of 3 BEFORE THE MERIDIAN CITY COUNCIL IN THE :MATTER OF THE REQUEST ) FOR VACATION OF AN EXISTING ) SEWER EASEMENT IN THE PROPOSED) SUN DANCE PLACE SUBDIVISION, ) MERIDIAN, IDAHO ) ) ) ) ) ) BRIGGS ENGINEERING, APPLICANT ) ) CIC 03/19/02 CASE NO. V AC-02-001 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF VACATION OF AN EXISTING SEWER EASEMENT This matter coming on regularly before the City Council at its regular meeting on the 19th day of March, 2002, at the hour of 7:30 p.m., and Brad Watson, City Engineer, Steve Arnold, and Marty Goldsmith, appeared and testified at the hearing, and the Council having received the record from the Planning and Zoning Commission and its recommendations to the City Council, and no objection having been received makes the following Fin.dings of Fact and Decision and Order. STATEMENT OF LEGAL AUfHORITY AND JURISDICTION CONCLUSIONS OF LAW Findings of Fact and Conclusions of Law and Order of Vacation for Sundance Place Subdivision V AC-02-001 Page 1 of 7 1. Easements shall be vacated in the same manner as streets. {I.C. SO-132S}. 2. The vacation of an easement which was accepted as part of a platted subdivision shall be vacated pursuant to the provision of Chapter 13} Title So Idaho Code {I.C. 40-203 (6)}. 3. Any person} firm, association, corporation or other legally recognized form of business desiring to vacate a part of a plat which is inside the boundaries of any City must petition the City Council to vacate. Any person, persons, firm, association, corporation or other legally recognized form of business desiring to vacate a plat or any part thereof which is inside or within one (1) mile of the boundaries of any city must petition the city council to vacate. Such petition shall set forth particular circumstances of the requests to vacate; contain a legal description of the platted area or property to be vacated; the names of the persons affected thereby, and said petition shall be filed with the city clerk. Written notice of public hearing on said petition shall be given, by certified mail with return receipt, at least ten (10) days prior to the date of public hearing to aU property owners within three hundred feet (3001) of the boundaries of 'the.area described in the petition. Such notice of public hearing shall also be published once a week for two (2) successive weeks in the official newspaper ofthe city, the last of which shall be not less than seven (7) days prior to the date of said hearing; provided, however, that in a proceeding as to the vacation of all or a portion of a cemetery plat where there has been no interment, or in the case of a cemetery being within three hundred feet (300') of another plat for which a vacation is sought, publication ofthe notice of hearing shall be the only required notice as to the property owners in the cemetery. When the procedures set forth herein have been fulfilled} the city council may grant the request to vacate with such restrictions as they deem necessary in the public interest. In the case of easements granted for gas, sewer, water, telephone, cable television, power, drainage, and slope purposes} public notice of intent to vacate is not required. Vacation of these easements shall occur upon the recording ofthe new or amended plat, provided that all'affected easement holders have been notified by certified mail, return receipt requested, of the proposed vacation and have agreed to the same in writing. {l.C. SO-1306A (1), (2)} (3) and (S)} 4. Pursuant to Meridian City Code 12-10-1 A and B and 12-10~2 A and B it provides as follows: 12-10-1 APPLICATION PROCEDURE: Findings of Fact and Conclusions of Law and Order of Vacation for Sundance Place Subdivision V AC-02-001 Page 2 of 7 1. Application: Any property owner desiring to vacate an existing subdivision, public right of way or easement shall complete and file an application with the Administrator. These provisions shall not apply to the widening of any street which is shown on this Comprehensive Development Plan, or the dedication of streets, rights of way or easements to be shown on a recorded subdivision. 2. Administrator Action: Upon receipt of the completed application, the Administrator shall affix the date of application acceptance thereon. The Administrator shall place the application on the agenda for consideration at the next regular meeting of the Commission which is held not less than fifteen (15) days after said date of acceptance. 12-10-2 COMMISSION AND COUNCIL ACTION: A. Commission Recommendation: The Commission shall review the request and all agency responses and make a recommendation to the Council for either approval, conditional approval, or denial. 2. Council Action: 1. Hearing; Notice: When considering an application for vacation procedures, the Council shall establish a date for a public hearing and give such public notice as required by law. The Council may approve, deny or modify the application. Whenever public rights-of-way or lands are vacated, the Council shall provide adjacent property owners with a quit- claim deed for the vacated rights of way in such proportions as are prescribed by law. 2. Street Improvements; Bond: When considering an application for dedication procedures, the Council may approve, deny or modify the application. When a dedication is approved, the required street improvements shall be constructed or a bond furnished assuring the construction, prior to acceptance of the dedication. To complete the acceptance of any dedication of land, the owner shan furnish to the Council a deed describing and conveying such lands to be recorded with the County Recorder. FINDINGS OF FACT 1. Briggs Engineering, filed a petition for the vacation of an existing sewer easement dedicated to the City of Meridian in the proposed Sundance Place Subdivision, as dedicated in the Warranty Deed from David N. Findings of Fact and Conclusions of Law and Order of Vacation for Sundance Place Subdivision V AC-02-001 Page 3 of 7 Bayless and Eunice J. Bayless, who acquired title as Eunice J. Bayless, husband and wife, to G.L. Voigt Development Co., recorded October 10, 2001, as Instrument No. 101105428. 2. The legal description of the existing sewer easement which is the subject of this petition is: A parcel of land being the north 36 feet of the SW 1/4 of Section 31, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the northwest corner of the SW 1/4 of Section 31, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho, the REAL POINT OF BEGINNING ofthis description; Thence S 89049'38" E 2400.30 feet (formerly 2416.26) to the northeast corner ofthe.SW 1/4; Thence S 0042'08" W 36.00 feet along the east line of the SW 1/4 to a point; Thence N 89049'38" W 2400.38 feet to a point on the west line of the SW If4; Thence N 00050'16" E 36.00 feet to the REAL POINT OF BEGINNING of this description. 3. The particular circumstances of the requested vacation is: The vacation is required to vacate a sewer easement dedicated to the City of Meridian because a duplicate easement has been dedicated at a mutually agreed location within Sundance Place Subdivision. 4. The applicant has obtained notarized approval of the easement vacation from affected utilities. 5. Written notice of the public hearing of this petition was given by certified mail with return receipt at least ten (10) days prior to the date of the public hearing to all property owners within three hundred feet (300') of the _boundaries of the area described in the petition, and such notice was also published once a week for two (2) successive weeks in the IdahoStatesman with the last publication which was not less than seven (7) days prior to the hearing. 7. All publication costs have been paid by the petitioner. Findings of Fact and Conclusions of Law and Order of Vacation for Sundance Place Subdivision V AC-02-001 Page 4 of 7 8. The existing sewer easement vacation shall be approved subject to the Public Works Department's approval ofthe alternate routing of the White Drain Trunk Line through the subject parcel as part of the construction contract. DECISION AND ORDER OF VACATION OF UTILITY EASEMENTS NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING STATEMENT OF LEGAL AUTHORITY AND JURISDICTION AND STATEMENT OF FACTS RELATIVE TO LEGAL AUTHORITY AND JURISDICTION, the City Council does hereby ORDER and this does ORDER that: 1. The following existing sewer easement as depicted on the Record of Survey 'of the proposed Sundance Place Subdivision, is hereby vacated: A parcel of land being the north 36 feet of the SW 1/4 of Section 31, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the northwest corner of the SW 1/4 of Section 31, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho, the REAL POINT OF BEGINNING of this description; Thence S 89049'38" E 2400.30 feet (formerly 2416.26) to the northeast corner of the SW 1/4; Thence S 0042'08" W 36.00 feet along the east line of the SW If4 to a point; Thence N 89049'38" W 2400.38 feet to a point on the west line of the SW 1/4; Thence N 00050'16" E 36.00 feetto the REAL POINT OF BEGINNING of this description. 2. The existing sewer easement vacation shall be approved subject to the Public Works Department's approval of the alternate routing of the White Drain Truck Line through the subject parcel as part of the construction Findings of Fact and Conclusions of Law and Order of Vacation for Sundance Place Subdivision V AC-02-001 Page 5 of 7 contract. 3. The City Clerk shall cause a copy of this order to be served upon the affected utility holders, and the petitioner, Public Works, Planning and Zoning Departments, and the City Attorney's office. 4. The City Clerk shall cause a certified copy of this order to be recorded with the Ada County Recorders office. 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 being a person who has an interest in real prop~rty. which may be adversely affected by the issuance or denial of the vacation m(;ly within twenty-eight (28) days after the date of this decision and order seekajudiciul review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the 2. /I!!:' day of /Jprl Z ,2002. ROLL CALL COUNCILMAN BIRD VOTED [fecv VOTED ~6c- VOTED ffkv~ VOTED {jcVL-- VOTED .- COUNCILWOMAN de WEERD COUNCILWOMAN Mc CANDLESS COUNCILMAN NARY MAYOR ROBERT D. CORRIE (TIE BREAKER) Approved: m--=:::~_ Findings of Fact and Conclusions of Law and Order of Vacation for Sundance Place Subdivision V AC-02-001 Page 6 of 7 ., ~,~..,'I<~~n1::.;. ':-~""~: . Copy served upon Applicant, the Planning and Zoning Department, Public W6XI\SQ~!~\!~:;':11!' Department and City Attorney. ;/ '0';'f~d';;',~jc/,^,,; By:,~k~~fb DATED:4-2-cJzl rk2"'" City Clerk . .~ \~j(i", ~:: ~._~ z:\ Work\M\Meridian\Meridian 1536oM\Sundance Place Sub VAC02-00l\FfCIOrdVacSewerEasemt.doc Findings of Fact and Conclusions of Law and Order of Vacation for Sundance Place Subdivision V AC-02-001 Page 7 of 7 March 28, 2002 MERIDIAN CITY COUNCIL MEETING APPLICANT April 2, 2002 ITEM NO. 8---;[ REQUEST Tabled from March 19,2002: Thousand Springs Subdivision Restrictive Covenant AGENCY COMMENTS CITY CLERK: See Previous Item Packet 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: ~/ fA Civr. FV'6-- , tyv [tlPfJ 1 W//) _ WV 60, .jJrf ..J r ~l .--/$ ~~ ~ t.cf/J. ,., / 0.10 . P ~r . O'V IV 10 lhvl '11lJ P I fI'~'?) nJfJ \00 (;v fl' · Q 0 I Contacted: Date: Phone: Materials presented ot public meetings shall become properly of the City of Meridian. March 28. 2002 Consent Agenda MERIDIAN CITY COUNCIL MEETING April 2, 2002 APPLICANT Public Works Department -- Gary Smith ITEM NO. 3 -11 REQUEST Watertower Recoating Project -- Agreement for Inspection Consulting Services -- Dave John ~~------- ~._.--,~~.._---,.._'- 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 v!lfL/ rJ;ppr9 Contacted: Date: Phone: Materials presented at public meetIngs shall become property of the City of MeridIan. RECEIVED MAR 2 8 2002 CITY OF MERIDIAN CITY CLERK OFFICE To: Mayor Corrie From: Brad Watson, P.E. CC: File, Gary Smith, PE, City Clerk Date: 3/28/02 Re: Proposed A9.end~ Items for April 2 City Council Meeting The Public Works Department respectfully requests that the following items be placed on the ,April 2 City Council agenda, on the Consent Agenda, for Council's consideration: 1 ) Watertower Recoating Proiect - Agreement for Inspection Consulting Services. Dave Jahn. Please refer to attached memo to me from Len Grady. A copy of the agreement is included (original signed and on file at Public Works). *" Recommended Council Action: Approval We request that the following items be placed on the April 2 City Council agenda, under Public Works Department Reports, for Council's consideration: 1) White Drain Sewer Trunk - Award of Contract. As you are aware by now, bids were received February 27 for the construction oqhe White Drain Sewer Trunk. The eight bids were: Thueson Construction (Nampa) Sommer Construction (Nampa) Owyhee Construction (Boise) Brown Construction (Nampa) MASCO (Boise) Bodiford Construction Boise) $1,530,478.10 S~2 Construction (Oregon City) $1,544,980.00 $994,060.10 $1.139,275.50 $1,161,000.00 $1,258,476.50 $1,304,824.90 From the desk of... Brad Watson, P.E. City Engineer Meridian Public Works Department 660 E. Watertower Lane, Suite 200 Meridian, Idaho 83642 e Page 1 (208) 898-5500 Fax: (208) 887"1297 watsonb@ci.meridian.id.us T.A. Dibble Excavation (Boise) $2,129,858.20 (arithmetic error caused extremely high bid) Engineer's Estimate $1,497,949.00 We have been working through the formal protest filed by Sommer Construction with Bill Nichols. Since Mr. Nichols is gone this week, we will not be able to meet with him until next Monday or Tuesday to formulate a recommendation to Council. We intend to be able to discuss this matter with Council at the April 2 Council meeting. Thank you. Please contact me if you have any questions regarding any of these items. e Page 2 , , City of MeridiCi" , Public :W()rk~ ,'llep~." ' ': ECEIVED I (1 7002 _, L _ Mem CITY OF MERIDIAN CITY CLERK OFFI(;F To: Brad Watson From: Lenard Grady CC: Gary Smith Date: 3/28/02 Re: Proposed Agenda 'Items for April 2, 2002 City Council Meeting The Public Works Department respectfully requests the following items be placed on the April 2 City Council agenda, under Department Reports, for Council's consideration: Inspection Consulting Services - Dave Jahn. During the recoating of the water tower, it is important that each step of the project be inspected. Dave Jahn, of Inspection Consulting Services International is a certified inspector (NACE). We used Dave's services for inspection of the Clarifier Recoating project and were very satisfied with his performance. Dave will be responsible for the day-to-day inspection and CH2MHILL will continue to provide general oversight. The estimated inspection time was assumed to be 20 hrs/week for 7 weeks. The hourly rate is $60/hr totaling $12,000. Recommended Council Action: Approve the contract for inspection consulting services with Dave Jahn dba Inspection Consulting Services International for $12,000 and authorize the Mayor to sign and City Clerk to attestthe contract. ' From the desk of... Thank you for your consideration. Please contact me if you have any questions regarding any of these items. Lcnal'd Grady Staff Engineer Meridian Public Works Department 660 E. Watertower, Suite 200 . Meridian, Idaho 83642 (208) 898-5500 Fax: (208) 887-1297 gradvlf<ilci.meridian.id.us . Page 1 CONTRACT BETWEEN CITY OF MERIDIAN AND INSPECTION CONSULTING SERVICES INTERNATIONAL This contract is made and entered into this _ day of April 2002, by and between the City of Meridian (hereinafter referred to as the Owner and Engineer), and Dave Jahn, dba Inspection Consulting Services International (Hereinafter referred to as the Consultant). SECTION 1 TERM 1.1 The term of this contract will commence on start of the Water Tower Recoating Project, which is estimated to start on May 1,2002 and end on the completion date, which is estimated to be sixty (80) days, unless terminated pursuant to Section 12 or Section 13 below. SECTION 2 DEFINTIONS 1.2 Words, terms, and phrases, which are not specifically defined in this contract, will have the ordinary meaning ascribed to them in the engineering profession unless the context clearly indicates otherwise. When consistent with the context, words used in the present tense include the future" words in the plural number include the singular and words in the singular include the plural. , 2.1.'1 "Project" means the Water Tower Recoating Project. SECTION 3 SERVICES OF CONSULTANT 3.1 Consultant will provide basic services to Owner as necessary for the on-site inspection of the construction of the Project as described in the Scope of Services section of Exhibit A and the Consultant's proposal, which is attached to this contract. 3.2 In connection with the services, Consultant will: 3.2.1 consult with appropriate representative of the Owner to clarify and define Owner's requirements for the services. 3.2.2 review available information concerning the services. 3.2.3 identify information, which is not available and is needed to fulfill the services, and act as Ownds representative in obtaining such information. - , 3.2.4 cooperate with other consultants retained by the City of Meridian in the exchange of information needed for performing services. J.3 Consultant will perform the services as an independent contractor in accordance with generally accepted standards applied by professionals of Consultant's caliber. Consultant will be responsible for the professional quality, technical accuracy, and the coordination of all services performed by the Consultant. Consultant will, without additional compensation, correct or revise any error of deficiencies in the services that are caused by the Consultant's negligence. 3/28/2002 Dave Jahn Contract Page 10f6 SECTION 4 CONSULTANT'S PERSONNEL 4.1 Consultant acknowledges that the Owner is relying upon the qualifications of Consultant1s personnel, if any. Consultant has represented, and by entering into this contract, now represents, that the Consultant is in full compliance with the applicable statutes of the State of Idaho relating to licensing of professional personnel and that all personnel assigned to perform services are fully qualified to perform the services in a competent and professional manner. SECTION 5 RESPONSIBILITY OF OWNER 5.1 Owner will cooperate fully with Consultant to achieve the objectives of this contract. The Owner will provide to the Consultant complete information and criteria for performance of servIces. 5.2 Owner will provide all permits, products, and necessary information, SECTION 6 SCHEDULE 6.1 Consultant will perform the services as expeditiously as is consistent with professional skill and care. 6.2 Consultant will provide monthly progress reports with the invoices for Consultant1s services. Each repqrt will describe the services provided since the preceding report and the services, which the Consultant expects to complete prior to the next report. SECTION 7 PAYMENT 7.1 Owner will pay Consultant at a rate of $60.00 per hour. 7.2 Total amount of contract will not exceed $12,000 without prior written approval from the Owner. 7.3 Owner will reimburse Consultant for expenses incurred by Consultant in performance of services. Expenses will be limited to film and developing, office supplies, telephone service (if required), and project-related mileage, not including mileage to and from the job site. 7.2 Consultant will submit monthly invoices to Owner for Consultanfs services and reimbursable expenses within thirty (30) days after the end ofthe month covered by the statement. The Owner witt pay Consultant within thirty (30) days after the receipt and approval of each Invoice. 7.3 The par:ties anticipate that Consultant's fees and reimbursable expenses may increase over time. Owner and Consultant will review fees and expenses prior to any extension of the contract term, and the parties may agree to modifY the payment rates for any annual extension. If the parties cannot agree on fees and reimbursable expenses, the contract will not be extended. 7.4 Owner will not be indebted or liable for any obligation created by this contract in violation of the debt limitation, its Charters or State Law. 7.5 - Owner has appropriated funds for the services that will be provided during the current fiscal year. In the event that a billing from the Consultant is not paid within thirty (30) days, the Consultant may immediately suspend performance under this agreement. In the event that no 3/28/2002 Dave Jahn Contract Page 2 of6 funds or insufficient funds to pay for the services are appropriated for subsequent fiscal years, Owner will immediately notify Consultant, and this contract will terminate on the last day of the fiscal year for which appropriations are made. SECTION 8 OWNERSHIP OF DOCUMENTS 8.1 All documents prepared by the Consultant pursuant to this contact will be the property of the Owner. SECTION 9 INDEMNTFICATION 9.1 This section will apply to all tort claims, except claims for professional liability. Consultant will indemnify, defend, and hold blameless Owner, its officers, agents, and employees from any and all claims, actions, subrogation, judgements, court costs, and other expenses resulting from any injury to any person or damage to property, of whatsoever nature arising out of the activities of the Consultant pursuant to this Contract (including but not limited to, the acts and omissions of Consultants officers, employees, agents, and subcontractors). Consultant will not be held responsible for damages directly, solely, and proximately caused by the negligence or other tortious acts of the Owner. SECTION 10 INSURANCE' 10.1 Consultant will, at all times during the term ofthis contract, maintain in force 10. L 1 An automobile liability insurance policy. 10.1.2 A general liability insurance policy. 10.2 The coverage under the automobile liability insurance policy will be equal to minimum coverage of$500,000 per occurrence (combined single limit for bodily injury and property damage claims) or $500,000 per occurrence for bodily injury and $100,000 per occurrence for property damage. The general liability insurance policy will have a combined single limit, or the equivalent of $1 ,000,000 for each claim, incident, or occurrence. 10.3 Certificates of insurance acceptable to the Owner will be filed with the Owner prior to the commencement of any services by Consultant. Each certificate will state that coverage afforded under the policy cannot be cancelled and restrictive modifications cannot be made until at least 30 days prior to written notice has been given tO,the Owner. SECTION 11 COMPLIANCE WITH LAW 11.1 This contract will be governed by the laws of the State of Idaho. Consultant will perfoim its obligations under this contract in accordance with all applicable laws; ordinances, rpIes', and the regulations now, or hereafter in effect. SECTION 12 DEFAULT 12.1 There will be a default under this contract if either party materially fails to comply with any provision of this contract within fifteen days after the other party gives written notice specifying the breach. If the breach specified in the notice cannot be completely cured without .the fifteen-day period, no default will occur if the party receiving the notice begins curative action within the fifteen-day period and thereafter proceeds with reasonable diligence and in good faith to cure the breach as soon as practicable. 3/28/2002 Dave Jahn Contract Page 3 of6 12.2 Notwithstanding subsection 12.1, either party may declare a default by written notice to the other party, without allowing an opportunity to cure, if the other party repeatedly, materially breaches the terms of this contract. 12.3 Pending final resolution of a dispute, or pending termination of this contract under this section, the parties will proceed diligently with the performance ofthis contract, unless the Owner decides to suspend payments. 12.4 If a default occurs and it is not resolved under subsection 12.3 above, the party injured by the default may elect to terminate this contract and pursue any equitable or legal rights and remedies available under Idaho law. 12.5 Any litigation arising out of this contract will be conducted in Circuit Court or District Court of the State ofIdaho for Ada County. 12.6 In the event of any breach of this contract by the Consultant, the Owner's cause of action against Consultant will not be deemed to accrue until the Owner discovers such breach, or should have, with reasonable diligence, discovered such breach. However, the preceding sentence will not be construed to allow the Owner to prosecute an action against the Consultant beyond the maximum time limitations provided by Idaho law. SECTION 13 T,ERMINATION WITHOUT DEFAULT 13.1. In addition to the right to terminate this contract under section 12, either party may terminate by giving thirty (30) days written notice to the other party. 13.2 Any termination under this section will be without prejudice to any obligations or liabilities of either party already accrued prior to such termination. 13.3 If the Owner terminates the contract under this section, the Consultant will have the right to complete such analyses and records as may be necessary to place its files in order and to protect its professional reputation. 13.4 If Owner terminates the contract under this section, the Consultant will be paid for all fees earned and costs incurred prior to the termination date and reasonable fees and costs for actions pursuant to subsection 13.3. The Consultant will not be entitled to compensation for anticipated profits on services that are not performed prior to ~he notice of termination. SECTION 14 NOTICE 14.1 Any notice required to be given under this contract will be in writing and will be given'by personal delivery, mail, or facsimile transmission. Any notice required to be given by law, will be given in the manner specified by the applicable law. 14.2 Notice to the Owner will be directed to: Mr. Lenard Grady Staff Engineer City of Meridian 660 East Watertower, Suite 200 Meridian, ID 83642 3/28/2002 Dave Jahn Contract Page 4 of6 Notices to the Consultant will be directed to Mr. Dave Jahn Inspection Consulting Services International P.O. BOX 1501 Nampa, ID 83653-1501 SECTION 15 NO WAIVER 15.1 No provision of this contract will be deemed waived unless such waiver is in writing and signed by the party alleged to have waived its rights. Any waiver of a breach by either party, whether express or implied, will not constitute a waiver of any different breach. 15.2 The Owner's review, approval, or acceptance of services or payment for services will not be construed to operate as a waiver of any rights under this contract SECTION 16 SEVERABILITY 16.1 If any provision of this Contract is held by any court of competent jurisdiction to be invalid, such invalidity will not affect any other provisions of this Contract, and this Contract will be construed as if the invalid provision had never been included in the Contract SECTION 17 l\10DIFICATION 17.1, Nomodification of this Contract will be valid unless in writing and signed by all parties involved. SECTION 18 SUCCESSORS 18.1 The Owner and the Consultant and the respective successors, assigns, and legal representatives of each are bound by this Contract to the other party and to the successors, assigns, and legal representatives of the other party. The Consultant will not assign the Consultant's rights or obligations under this Contract or enter into any subcontracts for the performance of the services without prior written consent of the Owner. SECTION 19 ENTIRE AGREEMENT 19.1 This Contract and the attached exhibits constitute, the final and complete agreement of the parties and supersede all prior and existing or oral understandings except as otherwise continued in effect by the terms of this Contract Authorized representatives ofthe parties have signed in confirmation of this Contract, with effective date the day and year first above written. . CITY OF MERIDIAN Dave Jahn dba Inspection Consulting Services International By: By: Robert D. Corrie, Mayor Dave Jahn Attest: William G. Berg, Jr., City Clerk 3/28/2002 Dave Jahn Contract Page 50f6 EXffiBIT A SCOPE OF SERVICES 1.0 Consultant shall be responsible for field inspection services, which will include the following: 1. Provide on-site inspection to monitor the progress of the Contractor1s work and compliance with the Construction Contract Documents. 2. Complete Daily and Weekly Progress Reports using a form to be furnished by the Consultant. 3. Attend weekly Progress Meetings with the Contractor, Engineer, and Owner 4. Coordinate with Engineer to provide necessary clarifications and interpretations of Construction Contract Documents as requested by the Contractor in the Field. 5. Review and verifY quantities of work completed for Contractor's Progress Payment Requests. 6. Prepare punch list of pending items and conduct final inspection. 2.0 ProjectCOl1}munications 1. When questions arise during field inspection of the work as to conformance or non- conformance with the Contract Documents, Consultant will inform the Engineer. The Engineer will then determine conformance and either communicate directly with Contractor or direct Consultant to inform Contractor. Engineer will keep Consultant informed of communications made directly between the Engineer and the Contractor. 2. Copies of all Correspondence, Requests for Information. Shop Drawings, Payment Requests, and change orders will be given to Consultant for his use in the field. Consultant will be responsible for reviewing this correspondence for up-to-date inspection of the Contractor's work. 3. Consultant will describe all conversations with Contractor along with his field observations in the Daily Report. Copies of Daily Reports along with a summary weekly report will be given to Engineer at the end of each week. . 3.0 Responsibilities and Limitations - , 1. Consultant will have the responsibility to observe the work in progress and take any tests or measurements as required to aid Engineer in determination of conformance with Contract Documents, as described above. 2. Consultanfs authority at the job site will be limited as the Engineer's authority is limited in Section 9.10 of the General Conditions of the construction Contract Documents. 3/28/2002 Dave Jahn Contract Page 6 of6