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HomeMy WebLinkAbout2002-08-20 August 30, 2002 MERIDIAN CITY COUNCIL MEETING September 3,2002 APPLICANT ITEM NO. 2"A REQUEST Approve minutes of August 20, 2002 City Council Regular Meeting: 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 HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Contacted: COMMENTS ~~ Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, August 20,2002, at 6:30 p.m. City Council Chambers 1. Roll-call Attendance: Tammy de Weerd Cherie McCandless Mayor Robert Corrie Bill Nary Keith Bird 2. Adoption of the Agenda: 3. Consent Agenda: A. Approve minutes from July 23, 2002 City Council Regular Meeting: Approve 8. Approve minutes from August 6, 2002 City Council Special Meeting: Approve C. Approve minutes from August 6, 2002 City Council Regular Meeting: Approve D. Approve minutes from August 13, 2002 City Council Special Meeting: Approve 5-E. Tabled from August 6, 2002: Order Granting Appeal: AP 01- 002 Stop Work Order at 2340 West Franklin Road by Walt Morrow: Approve Amendment Findings of Fact and Conclusions of Law F. Findings of Fact and Conclusions of Law for Approval: AZ 02- 012 Request for annexation and zoning of 2.02 acres from RUT to R-4 zones by Jerald S. Frank - 2310 South Locust Grove Road: Approve G. Findings of Fact and Conclusions of Law for Denial: RZ 02- 001 Request for a rezone of .97 acres from L-O to C-G zones for Lot 3 Block 2 of Amended Magic View Subdivision for a Subway sandwich shop by Blaine and Cynthia Jacobson - northeast corner of East Magic View Drive and South Allen Street: Approve Meridian City Counci I Agenda - August 20, 2002 Page I of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. H. Findings of Fact and Conclusions of Law for Approval: CUP 02-016 Request for a Conditional Use Permit for an 11, 700 square foot multi-tenant flex space office I warehouse building by Falash & Ross Construction, Inc. - 150 S. Adkins Way, Lot 5 Block 2, Medimont Subdivision, northwest corner of E. Franklin Road and S. Locust Grove Road: Approve I. Findings of Fact and Conclusions of Law for Approval: CUP 02-017 Request for a Conditional Use Permit for an 11, 700 square foot multi-tenant flex space office I warehouse building by Falash & Ross Construction, Inc. - Lot 10 Block 2, Medimont Subdivision, northwest corner of E. Franklin Road and S. Locust Grove Road: Approve J. Development Agreement: RZ 00-010 Request to rezone 8.88 acres from an R-4 zone to an L-Q zone for proposed S1. Alphonsus Regional Medical Center Ambulatory Care Center by BRS Architects - southeast corner of Cherry Lane and Ten Mile Road: Approve K. Development Agreement: AZ 01-002 Request for Annexation and Zoning of 11.764 acres from RT to R-40 and C-G for proposed Locust Grove Place by L.C. Development, Inc. - west side of Locust Grove Road, south of Fairview Avenue: Approve L. Water Main Easement, Sundance Investments - Sunstone Building in Silverstone Subdivision: Approve M. Contract for Reimbursement by Kevin Howell for sewer services off the White Drain Trunk through Cedar Springs Subdivision: Approve 4. Department Reports: A. Public Works Department: 1. Award of Meridian High School Main Line Project: Approve Star Construction $18,972 5. (Items Moved from Consent Agenda) 6. Ordinance No. 02-970 : RZ 00-010 Request to rezone 8.88 acres from an R-4 zone to an L-Q zone for proposed S1. Alphonsus Regional Medical Center Ambulatory Care Center by BRS Architects- southeast corner of Cherry Lane and Ten Mile Road: Approve Meridian City Council Agenda - August 20, 2002 Page 201'3 All materials presented at public meetings shall become property or the City of Meridian. Anyone desiring accommodation for disabilities related to documents andfor hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 7. Ordinance No. 02-971 : AZ 02-005 Request for annexation and zoning of 196.20 acres from RT to R-4 zones for proposed Tuscany Lakes Subdivision by Gem Park II Partnership - west of South Eagle Road and south of East Victory Road: Approve 8. Ordinance No. 02-972 : AZ 01-002 Request for Annexation and Zoning of 11.764 acres from RT to R-40 and C-G for proposed Locust Grove Place by L.C. Development, Inc. - west side of Locust Grove Road, south of Fairview Avenue: Approve 9. Public Hearing: Property Exchange with Farmers & Merchants State Bank: Approve Exchange Agreement 10. FP 02-017 Request for Final Plat approval of 4 building lots and 1 other lot on 20.01 acres in a C-G zone for Willev Subdivision by Roylance & Associates P.A. - 3710 East Franklin Road: Approve 11. Public Hearing: MI 02-006 Request for an Amendment to the Area of Impact by Capital Development (Bristol Hei~hts) - southeast corner of Chinden Boulevard and North Locust Grove Road: Attorney to prepare Findings of Fact and Conclusions of Law for Approval 12. Public Hearing: CUP 02-013 Request for a Conditional Use Permit for four 4-plex units on 1.08 acres in an L-O zone on Lots 4 and 5, Block 2 of Scottsdale Subdivision by C.W. Construction, Inc. - West Alden Drive, at the southwest corner of West Franklin Road and SW 7th Avenue: Attorney to prepare Findings of Fact and Conclusions of Law for Denial 13. Public Hearing: V AR 02-010 Request for a Variance from the minimum lot frontage requirement for Lot 1 Block 3 of Bear Creek Subdivision by Bear Creek LLC - Lot 1 Block 3, 714 West Caldervvood Street: Attorney to prepare Findings of Fact and Conclusions of Law for Denial 14. Water, Sewer and Trash Delinquencies: Approve Meridian City Council Agenda - August 20, 2002 Page 3 on All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Oftice at 888-4433 at least 48 hours prior to the public meeting. Meridian City Council MeetinQ AUQust20,2002 The regular meeting of the Meridian City Council was called to order at 6:40 P.M., on Tuesday, August 20,2002, by Mayor Robert D. Corrie. Members Present: Mayor Robert Corrie, Tammy de Weerd, Keith Bird, Cherie McCandless, and William Nary. Others Present: Chris Nye, Gary Smith, David McKinnon, Brad Watson, Will Berg, Ken Bowers, and Dean Willis. Item 1: Roll-call Attendance: Roll call. X Tammy de Weerd X Bill Nary X Cherie McCandless X Keith Bird X Mayor Robert Corrie Corrie: I will open the Meridian City Council regular meeting, Tuesday, August the 20th, at 6:40. Sorry for the delay. I want to welcome everyone here this evening and thank you for coming. Council, we will have roll call attendance, please, Mr. Berg. Item 2: Adoption of the Agenda: Corrie: Number 2 item is adoption of the agenda. Is there any changes at this point? Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I would move that we approve the adoption of the agenda as published. Corrie: Okay. McCandless: Second. Corrie: Okay. Motion has been made and seconded. Any further discussion? All those in favor of the motion say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 3: Consent Agenda: A. Approve minutes from July 23, 2002 City Council Regular Meeting: B. Approve minutes from August 6, 2002 City Council Special Meeting: C. Approve minutes from August 6,2002 City Council Regular Meeting: Meridian City Council Meeting August 20, 2002 Page 2 of 41 D. Approve minutes from August 13, 2002 City Council Special Meeting: F. Findings of Fact and Conclusions of Law for Approval: AZ 02-012 Request for annexation and zoning of 2.02 acres from RUT to R-4 zones by Jerald S. Frank - 2310 South Locust Grove Road: G. Findings of Fact and Conclusions of Law for Denial: RZ 02-001 Request for a rezone of .97 acres from L-O to C-G zones for Lot 3 Block 2 of Amended Magic View Subdivision for a Subway sandwich shop by Blaine and Cynthia Jacobson - northeast corner of East Magic View Drive and South Allen Street H. Findings of Fact and Conclusions of Law for Approval: CUP 02- 016 Request for a Conditional Use Permit for an 11, 700 square foot multi-tenant flex space office I warehouse building by Falash & Ross Construction, Inc. - 150 S. Adkins Way, Lot 5 Block 2, Medimont Subdivision, northwest corner of E. Franklin Road and S. Locust Grove Road: I. Findings of Fact and Conclusions of Law for Approval: CUP 02- 017 Request for a Conditional Use Permit for an 11, 700 square foot multi-tenant flex space office I warehouse building by Falash & Ross Construction, Inc. - Lot 10 Block 2, Medimont Subdivision, northwest corner of E. Franklin Road and S. Locust Grove Road: J. Development Agreement: RZ 00-010 Request to rezone 8.88 acres from an R-4 zone to an L-Q zone for proposed St. Alphonsus Regional Medical Center Ambulatory Care Center by BRS Architects - southeast corner of Cherry Lane and Ten Mile Road: K. Development Agreement: AZ 01-002 Request for Annexation and Zoning of 11 .764 acres from RT to R-40 and C-G for proposed Locust Grove Place by L.C. Development, Inc. - west side of Locust Grove Road, south of Fairview Avenue: L. Water Main Easement, Sundance Investments - Sunstone Building in Silverstone Subdivision: M. Contract for Reimbursement by Kevin Howell for sewer services off the White Drain Trunk through Cedar Springs Subdivision: Corrie: Item 3 is the Consent Agenda. Are there any items we wish pull off on the Consent Agenda, A through M? Bird: Mr. Mayor? Corrie: Mr. Bird. Meridian City Council Meeling August 20, 2002 Page 3 of 41 Bird: I would move that we pull Item E, Order Granting Appeal for Walt Morrow, to Item 5-E on the Regular Agenda and with that change I would move that we approve the Consent Agenda as published. Nary: Second. Corrie: Okay. Motion has been made and seconded to approve the Consent Agenda with E being removed to go to Item Number 5. And any further discussion? Hearing none, roll-call vote, Mr. Berg. Roll call vote: McCandless, aye; Nary, aye; DeWeerd, aye; Bird, aye. Corrie: All ayes. Motion is carried. MOTION CARRIED: ALL AYES. Item 4: Department Reports: A. Public Works Department: 1. Award of Meridian High School Main Line Project: Corrie: Item Number 4, Department Reports, Public Works. Gary Smith. Smith: Thank you, Mr. Mayor and Council Members. The item we have tonight is an award of the Meridian High School Main Line Water Project. Four requests for price were solicited and three construction firms responded. The low bidder was Star Construction and they have done several projects for us in the past and have done a good job for us. We would recommend that the Council award this contract for the Meridian High School Main Line Project to start construction in the amount of 18,972 dollars, authorize the Mayor to sign and the City Clerk to attest the agreement. Corrie: Okay. Council, any discussion? Bird: I have none. Corrie: Okay. Hearing none, I'll entertain a motion on the request. McCandless: Mr. Mayor? Corrie: Mrs. McCandless. McCandless: I move that we award the contract for Meridian High School Main Line Project to Star Construction in the amount of 18,972 dollars, authorize the Mayor to sign and the Clerk to attest. Meridian City Council Meeting August20,2002 Page 4 of 41 Nary: Second. Corrie: Okay. Motion has been made and seconded to have Star Construction for 18,972 dollars award of the bid. Any further discussion? Hearing none, roll-call vote, Mr. Berg. Roll call vote: McCandless, aye; Nary, aye; DeWeerd, aye; Bird, aye. Corrie: Okay. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Smith: Thank you, Mayor and thank you -- Item 5: (Items Moved from Consent Agenda) E. Tabled from August 6, 2002: Order Granting Appeal: AP 01- 002 Stop Work Order at 2340 West Franklin Road by Walt Morrow: Corrie: Thank you, Gary. Item Number 5 has been moved from the Consent Agenda, Item E, which is the Stop Work Order at 2340 West Franklin Road by Walt Morrow. Council, you got a letter of memorandum from the attorney in reference to the specific issues raised. Paragraph 2 on Page 4 of the order, the building shall only be used for storage and loafing area for cattle and any expansion or use of this building will require a Conditional Use Permit. Mr. Morrow requested that Paragraph 2 should read, this building could only be used for storage and a loafing area for cattle -- and you have two other alternatives there, so I will -- discussion, Council. Walt, are we doing that -- is that what -- okay. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: The computer is smarter than me. I knocked my computer down, so I can't read the letters, but the way that the motion and everything read is what is on Page 4, Paragraph 2, when we appealed that it should read, the building should be only used for storage and loafing area for cattle. Any expansion or use of this building for anything other than what is allowed under our current I-L zoning is prohibited, unless appropriate application is made to and approved by the city. That instead of having the way it was - - the way it did read was the building shall only be used for storage and loafing areas of cattle. Any expansion of the use of this building will require a Conditional Use Permit. That's not -- that's not what the appeal or minutes say, so I would state that in the findings that paragraph that I read first would be inserted at Page 4, Paragraph 2. De Weerd: Was that a motion? Meridian City Council Meeting August20,2002 Page 5 of 41 Bird: That's a motion. De Weerd: Second. Corrie: Okay. Motion has been made and seconded. Is there any further discussion? Okay. Roll call vote, Mr. Berg. Roll call vote: McCandless, aye; Nary, aye; DeWeerd, aye; Bird, aye. Corrie: Okay. All ayes. MOTION CARRIED: ALL AYES. Item 6: Ordinance No. : RZ OOR010 Request to rezone 8.88 acres from an R-4 zone to an L-O zone for proposed St. Alphonsus Regional Medical Center Ambulatory Care Center by BR8 Architects - southeast corner of Cherry Lane and Ten Mile Road: Corrie: All right. Well, we got it done now, so -- Item Number 6. Ordinance -- number, please. 02-970. This is a request to rezone 8.88 acres from an R-4 zone to an L-O zone for proposed 81. Alphonsus Medical Center and Ambulatory Care Center. At this time I would like to have the City Clerk read Ordinance Number 02-970 by title only. Berg: Thank you, Mr. Mayor, Members of the Council. Ordinance Number 02-970, an ordinance finding that St. Alphonsus Regional Medical Center is the owner of certain real property and has made a written request for rezone in the zoning classification for real property at the southeast corner of Ten Mile Road and Cherry Lane, Meridian, Idaho, that lies within the boundaries of the City of Meridian, from R-4, low density residential zoning district to L-O, Limited Office District, as defined under Meridian City Code 11-7-2(G), repealing all ordinances, resolutions, orders and parts thereof in conflict herewith, and directing the city engineer to add said rezoning designation to the official maps of the City of Meridian, Idaho. Corrie: Okay. You have heard the reading of Ordinance Number 02-970 by title only. Is there anyone who requests to have the ordinance read in its entirety? Hearing none, I will entertain a motion on Ordinance Number 02-970. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I move we approve Ordinance 02-970, request to rezone 8.88 acres from an R-4 zone to an L-O zone for the proposed St. AJphonsus Regional Medical Center Ambulatory Care and ask the Mayor to sign and the Clerk to attest, with suspension of rules pursuantto state code. Bird: Second. Meridian City Council Meeting August20,2002 Page 6 of 41 Corrie: Okay. Motion has been made and seconded to approve Ordinance Number 02- 970 with suspension of rules. Any further discussion? Hearing none, roll call vote. Roll call vote: McCandless, aye; Nary, aye; DeWeerd, aye; Bird, aye. Corrie: All ayes. Ordinance Number 02-970 is approved. MOTION CARRIED: ALL AYES. Item 7: Ordinance No. AZ. 02~005 Request for annexation and zoning of 196.20 acres from RT to R-4 zones for proposed Tuscany Lakes Subdivision by Gem Park II Partnership - west of South Eagle Road and south of East Victory Road: Corrie: Item Number 7 is Ordinance Number 02-971. This is a request for annexation and zoning of 196.20 acres from RT to R-4 zone for proposed Tuscany Lakes Subdivision by Gem Park II Partnership, west of South Eagle Road and south of East Victory Road. At this time I would like to have the City Clerk read Ordinance Number 02-971 by title only. Berg: Thank you, Mr. Mayor, Members of the Council. Ordinance Number 02-971, an ordinance finding that said land to be known as Tuscany Lakes Subdivision, located west of South Eagle Road and south of East Victory Road and which lies contiguous and adjacent to the city limits of the City of Meridian, County of Ada, State of Idaho, and finding that the owner Marty Goldsmith, Walter Sigmont, and Raymond Smith, Jean and Richard Bernett Family Trust, which persons make up Farwest, LLC, and has made a request for annexation in writing to the Council and that said land be annexed to the City of Meridian with 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 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: You have heard the reading of Ordinance Number 02-971. Is there anyone that would like to have it read in its entirety? Okay. I'll entertain a motion on the Ordinance 02-971. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I would move the approval of Ordinance 02-971, the request for annexation and zoning of 196.2 acres from an RT to an R-4 zone for proposed Tuscany Lakes Meridian City Council Meeting August20,2002 Page 7 of 41 Subdivision by Gem Park II Partnership, west of South Eagle Road and south of East Victory Road, and for suspension of rules pursuant to the Idaho Code. Bird: Second. Corrie: Motion has been made and seconded. Is there any further discussion? Hearing none, roll call vote, Mr. Berg. Roll call vote: McCandless, aye; Nary, aye; DeWeerd, aye; Bird, aye. Corrie: All ayes. Motion for the Ordinance Number 02-971 is approved. MOTION CARRIED: ALL AYES. Item 8: Ordinance No. AZ. 01 ~002 Request for Annexation and Zoning of 11.764 acres from RT to R-40 and C-G for proposed Locust Grove Place by L.C. Development, Inc. - west side of Locust Grove Road, south of Fairview Avenue: Corrie: Item Number 8 is Ordinance Number 02-972. This is a request for annexation and zoning of 11.764 acres from RT to R-4 and C-G for proposed Locust Grove Place by LC Development, Inc., west side of Locust Grove Road, south of Fairview Avenue. At this time I would like to have Ordinance Number 02-972 read by title only by the City Clerk. Berg: Thank you, Mr. Mayor, Members of the Council. Ordinance Number 02-972, an ordinance finding that said land to be known as Locust Grove Place, the location of which lies contiguous and adjacent to the city limits of the City of Meridian, County of Ada, State of Idaho, and finding that the owner LC Development, Inc., 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 High Density Residential District (R-40) and Community Business District (C-C), 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 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 heard the reading of Ordinance Number 02-972. Anyone wish to have it read in its entirety? I'll entertain a motion on the order 02-972. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. Meridian City Council Meeting August20,2002 Page 8 of 41 De Weerd: I move we approved Ordinance Number 02-972, request for annexation and zoning of 11.764 acres from RT to R-40 and C-G for the proposed Locust Grove Place by L.C. Development, Inc., and for the Mayor to sign and the Clerk attest, with suspension of rules, pursuant to Idaho state code. Bird: Second. Corrie: Motion has been made and seconded to approve Ordinance Number 02-972 with suspension of rules. Any further discussion? Hearing none, roll call vote, please. Roll call vote: McCandless, aye; Nary, aye; DeWeerd, aye; Bird, aye. Corrie: All ayes. Motion on Ordinance 02-972 is approved. MOTION CARRIED: ALL AYES. Item 9: Public Hearing: Property Exchange with Farmers & Merchants State Bank: Corrie: Item Number 9 is a Public Hearing. This is a property exchange with Farmers and Merchants State Bank and the City of Meridian. At this time I will open the Public Hearing and invite staff -- any comments? Okay. So the general public would know what happened here. We are having a Public Hearing on an exchange of the old fire station property for three other properties in the amount of 260,000 and having a Public Hearing on that. Next would be the bank if you have anything that you want to say. Thank you. Is there anyone from the public that would like to have testimony on this request for exchange? Okay. Council, any discussion? Bird: I have none. Corrie: Hearing no Public Hearing on the matter I will -- I'm sorry. Berg: Mr. Mayor, just a comment to the public, just so they will know. This property exchange also deals with a cash settlement also for the balance of the value of the properties that we are exchanging. It isn't an exact exchange of property, but it also has a cash sum to it. Corrie: Okay. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I believe that this is in the best interest of the city. The current property that we are exchanging for the three lots is not in a place that the city can do any business with it. It's really not of value to the city at this point or any anticipated future use. The current property that we are exchanging them for will really benefit our community with their location next to our old police station and I think it's in the best interest of the city to Meridian City Council Meeting August20,2002 Page 9 of 41 move forward with it. I guess with that said I would move that we close the Public Hearing. Bird: I second. Corrie: Okay. Motion has been made and seconded to close the Public Hearing. Further discussion? All those in favor say aye. MOTION CARRIED: ALL AYES. Corrie: Okay. Public Hearing is closed. I will entertain a motion for a resolution to authorize the Mayor to sign and the City Clerk to attest to the proposed exchange and the exchange agreement. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I would move that we enter into an exchange agreement with the Farmers and Merchants State Bank for the fire station property located a 716 North Meridian Road, Meridian, Idaho. For three lots in the original town site of Meridian at 221 East Idaho Avenue, 223 East Idaho Avenue and 237 East Idaho Avenue, exchange titles, and the bank will pay the City of Meridian an extra 22,269 dollars and for the Mayor to sign and the Clerk to attest. De Weerd: Second. Corrie: Okay. Motion has been made and seconded. Any further discussion? Hearing none, roll call vote, Mr. Berg. Roll call vote: McCandless, aye; Nary, aye; DeWeerd, aye; Bird, aye. Corrie: All ayes. Motion is carried. MOTION CARRIED: ALL AYES. Item 10: FP 02-017 Request for Final Plat approval of 4 building lots and 1 other lot on 20.01 acres in a C-G zone for Willey Subdivision by Roylance & Associates P.A. - 3710 East Franklin Road: Corrie: Thank you. Item Number 10 is a request for Final Plat approval of fou r bu ilding lots and one other lot on 20.01 acres in the C-G zone for Wiley Subdivision by Roylance & Associates, P.A, 3710 East Franklin Road. Staff. McKinnon: Mr. Mayor, Members of the Council, this property is located at essentially the 20 acres where the R.C. Willey property sits right now on the corner of Franklin and Eagle Road. The applicant submitted a final plat that's in conformance with the Meridian City Council Meeting August20,2002 Page 10 of 41 preliminary plat, as approved on May 7th and adopted -- and with the Findings of Facts and Conclusions of Law that were adopted on the 21st of May of this year. The applicant has requested one minor modification on this final plat that was not requested on the preliminary plat. If you can open up your staff report to Page 3. In the recommendation there are two separate options for you to adopt this night concerning the sidewalk on Eagle Road. The applicant has requested that instead of installing the sidewalk on Eagle Road -- it's Eagle Road -- on Eagle Road at this time, they would ask that they be able to bond for the improvements on Eagle Road until such time that ACHD can arrange for the design of the sidewalk from Eagle Road to Lanark Street. Instead of putting something in that does not match ACHD's design, they be allowed to match something that ACHD would put in. I have given two options to you that would be recommendation 7-A or 7-B. Staff is okay with the adoption of either of the options. Option A gives until 2004 -- the final day of 2004 to install the sidewalk and to bond for that, and 7-8 states that they should install it at time prior to the applying for a building permit for this property. With that I would ask if there is any questions. Corrie: Any questions of staff? Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Dave, I notice that the bond amount is 120 percent and I guess I'm used to seeing 110. McKinnon: Our ordinance allows for either 110 percent with a letter of credit or 120 percent with a bond and I probably should have clarified that to match exactly with the ordinance. Nary: Because is there a reason for one -- I guess it needs to say either 110 -- McKinnon: 110 or 120 percent. Nary: -- with a bond or 120 with a letter of credit. Okay. Thank you. Corrie: Is the applicant here? Give your name and address, please. Rennison: Mayor, Council Members, my name is John Rennison with Roylance & Associates, 391 West State Street in Eagle. Just to add a little bit of clarification there, what we became aware of since the Preliminary Plat is that ACHD, in fact, has design plans for the sidewalk to -- I guess it goes all the way up Franklin Road there on the bottom of the page east-west. Then it turns and goes north along -- parallel to Eagle Road, obviously, all the way up to Lanark Street there. They already have plans, so we just kind of become aware of this, they are supposedly 75 percent complete, which actually called for a sidewalk. It's on their plans, so if they want to build that, that's -- we would be okay with that. Furthermore, just to -- not to complicate things here, but to clarify the request. Since ACHD does have plans in place and as far as I'm aware and we are aware, intend to build this thing in 2004, that we would also request that Meridian City Council Meeting August20,2002 Page 11 of 41 consideration be given to bond for the improvements for that additional sidewalk from -- just from Lanark Street to the north property line, as opposed to the entire length of the Eagle Road right of way. That's alii have at this time. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: Have you seen those plans? Are they planning for a detached or an attached sidewalk? Rennison: I believe that, if memory serves me right, I have seen the plans and if memory serves me right it is an attached. De Weerd: Who would want to walk on a sidewalk-- Rennison: Very good question. De Weerd: -- in that area? I just don't get it. Is there something that our staff can look into, perhaps? Would you be amenable to a detached sidewalk? I mean probably paying the same thing. There would be a right of way issue or -- but would you be willing to work with that? Rennison: Absolutely. De Weerd: Good answer. I appreciate that. Rennison: In our opinion, yes, we would much rather -- my personal opinion I'd much rather walk on a detached sidewalk, if I was going to walk on that road right of way. De Weerd: It just makes sense there. Rennison: I would probably pick an alternate route to begin with, but if I had to walk on it, detached would be the much preferred option. Again, in ACHD's plans that we saw, I believe if memory does serve me right. They were stamped 75 complete, which is -- I think there is a few items to be worked out with that design that I'm not real privy to, but who knows, there could be some opportunity for that sidewalk to become detached on their plans as well. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I guess if staff could contact ACHD regarding that and depending on the answer it might be an item for discussion at our next joint meeting. Corrie: Maybe we'll get good results this time. Meridian City Council Meeting August 20, 2002 Page 12 of 41 McKinnon: Mr. Mayor, Members of the Council, could I ask a question of the applicant? Corrie: Sure. McKinnon: John, up in the -- I guess it would be the southwest corner of the property we have some elevation that drops off rather rapidly, don't we, into the site? The southeast corner of Eagle and Franklin? Rennison: The southeast corner or southwest -- McKinnon: Southwest corner. Thanks. Southwest corner. Doesn't the elevation drop pretty rapidly towards the northeast? Rennison: That is correct. McKinnon: And so that might be part of the reason that they are going with the attached, rather than the detached. Rennison: That could be. That could certainly have a -- playa role in their design. However, I couldn't say one way or another if that dictates their design or not. McKinnon: Thank you. De Weerd: Mr. Mayor, I guess one further question. Corrie: John, I guess -- sorry. De Weerd: You want to bond or do a Jetter of credit? Rennison: In the past I guess R.C. Willey has chosen to write a letter of credit to the -- to the city. I would suspect at this time that they would prefer to go that same route as what they have for the Evans Drain, for instance. If it's possible to leave it open to either bond or provide a letter of credit, that would be -- De Weerd: Okay. Thank you. Corrie: Any further discussion? Okay. I'll entertain a request for Final Plat approval. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I move we approve the request for Final Plat of four building lots and one other lot on 20.01 acres in a C-G zone for Willey Subdivision, to note in staff recommendation that -- to reflect the comments on development of a sidewalk to be a detached sidewalk and to ask the attorney to draw up Findings of Facts and Conclusions of Law and Division of Order. That's it. Bird: Second. Meridian City Council Meeling Augusl20, 2002 Page 13 of 41 Corrie: Okay. You have heard the motion for the request for Final Plat on Willey Subdivision. Further discussion? Hearing none, roll call vote, Mr. Berg. Roll call vote: McCandless, aye; Nary, aye; DeWeerd, aye; Bird, aye. Corrie: All ayes. Motion is approved. MOTION CARRIED: ALL AYES. Item 11: Public Hearing: MI 02-006 Request for an Amendment to the Area of I mpact by Capital Development (Bristol Heiahts) - southeast corner of Chinden Boulevard and North Locust Grove Road: Corrie: I apologize to the audience. Our picture screen is kind of fading. We have to buy a new bulb. It's on order, so -- we found out the cost of a new bulb and a machine. The bulb is 500 dollars and the machine is 7,000. He's going to take it out of his budget. That's what we were discussing. I apologize for the poor quality of that, but hopefully there will be a new bulb in there. Item Number 11 is a Public Hearing. This is a request for an amendment to the area of impact by Capital Development, Bristol Heights, southeast corner of Chinden Boulevard and North Locust Grove Road. At this time I will open the Public Hearing and on the -- first hear from staff. McKinnon: Thank you, Mr. Mayor, Members of the Council. You have heard this item before, so I'll keep it brief. We are talking about the 9.25 acres just south of Chinden Boulevard and east of Locust Grove highlighted on the map in front of you. The property has requested to be placed in the City of Boise's area of impact and removed from the City of Meridian's area of impact. The City of Meridian Planning and Zoning and Public Works staff agree with the applicant that this property should be moved to the City of Boise. In order to service this area with gravity sewer three to four feet of fill would have to be placed on the property to elevate the property to be within the City of Meridian's service plan. Gary, do you have any comments? Smith: No. McKinnon: With that I'd just say that this is supported by staff and we'd ask if there are any questions. Corrie: Questions? Bird: I have none. Corrie: Okay. Is the applicant here or representative here tonight? Okay. Is there anyone here that would like to issue testimony on this exchange of amendment to the area of impact? Okay. De Weerd: Mr. Mayor? Meridian City Councll Meeting August 20, 2002 Page 14 of41 Corrie: Mrs. de Weerd. De Weerd: [guess I have a question regarding the process for this. We just adopted a new land use map. This is one amendment, we know of two more coming down the way. Why are we doing this one at a time? Why don't -- I thought when we talked about the land use map and the process to amend, at that time we wanted to see these all together. Why are we not seeing them all together? Corrie: Well, I think one would be a timing element here. Not everybody has asked to do it and has adopted a procedure. This is one that has been on the request for quite sometime by Mr. Yorgason and we have another one that's coming through where this is the first time we have had a chance to really know what we are doing as far as changing area of impact and we are finding out how the procedure goes. If we want to change the area of impact with Boise, we have to initiate it, and the other is Boise needs to be initiate theirs to get back to the City of Meridian. I suppose mainly is a timing schedule. De Weerd: But these all should go together to Ada County at the same time and isn't there something in the land use law by state you can only change your map every six months? Does this -- does this stall the applications, then, for the Moore property and the Caven property? Again, I guess that's why I thought we would see all of these at the same time. We have been talking about all of these at the same time and how this one got on Planning and Zoning last week and ours this week where the other ones have a process, they are going through. I guess I would like to see fair and equitable and the same treatment for all of these and that's why I have a concern here. McKinnon: Thank you, Mr. Mayor, Member of the Council. If I could just comment. I agree with you, Tammy that we need to be fair and equitable on this. As far as terms of legal matters as to how this changes the map and whether or not this is a land use map change, the future land use map change, you're book ended by two attorneys on either side of you that might be better asked that same question. My understanding is that removing an item or a piece of property from the area of impact does not make -- is not a change to the comprehensive plan map, it's a removal from the area of impact, which is a separate issue. It would not be considered a change to the Comprehensive Plan. At this time the one that was just adopted, that was approved, by the Commission back in December and if it were we would be the six-month time frame out, but my understanding is this is not a change to the Comprehensive Plan, but a change to the area of impact. De Weerd: Okay. Corrie: Any other questions? Mr. Berg. Berg: Thank you, Mr. Mayor, Members of the Council, just to make a couple comments. We are talking about three parcels together, but yet they are separate situations. The Winston Moore property, it is coming into our area of impact, so it's kind of a reverse roll Meridian City Council Meeting Augus120,2002 Page 15 of 41 that it will be talked about at the County and then we will accept it. All of these three are, hopefully, to be at one meeting at the County for all three projects. That's the way the County wants to handle it and that's how we are proceeding. The other I think is a timing issue that the instructions would be Caven -- or, excuse me, with the Capital Development project was to rush it through, because it was implied or thought that we had already done that at a meeting about a year ago and I guess we did not follow proper procedures, so it was rushed through. Then I guess the applicant for the other came in and doing the timing of getting it noticed, you know, the 15 days prior to the meeting, j'm just following the instructions. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I think the whole process -- maybe it's been a learning process for all of us, staff included, and I think that probably what is necessary for the future, because see Mr. Smith's memo tonight is another similar request to -- by an individual and Mr. Grove had given his testimony about that property and I guess it's the same kind of thing, but I think Mr. Berg's right, the property from Mr. Moore is asked to be placed in our area of impact and has to be approved by the City of Boise first, it's their area of impact. This one should have been done first here, then with Boise, but I think Boise's already approved this. It's just because there was some misunderstanding of when it was accomplished. And the other one -- actually, Mr. Caven's property is the one that appears to be done properly and the process is the way it should be. This is just an error and a misunderstanding and miscommunication about how it gets done. I think it's allan track and there isn't an issue about the change in the land use map, so -- De Weerd: But we will meet on all three in one week. The three different meetings or -- yes. Corrie: We hope to. I don't guarantee it. Berg: Excuse me, Mr. Mayor. I was just inquiring if you had gotten the recommendations from the Planning and Zoning Commission on this item? There is a cover letter from the attorney and then a one-page recommendation, just so it's a matter of record. Corrie: Oh. I'm sorry. Okay. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Just one other thing, really, for the record and I brought this up to Mr. Smith previously and j think this application, as well as the inquiry regarding this Dunbar Estates Subdivision really goes to the issue that I guess has been before both our city, as well as the City of Boise, is that all along the area of impact boundary this issue is Meridian City Council Meeting August20,2002 Page 16 of 41 probably the most prevalent thing that we are going to see, whether it's serviceable by our sewer or by Boise's sewer, and what I think needs to be done and, as I said. J proposed this to Mr. Smith earlier, that there be some discussion between both our Public Works staff, as well as the Boise Public Works staff, to see whether or not some of these issues can be cfarified by both our Council, as well as Boise's Council, so that we aren't going to piecemeal this all the way down the line. We are going to have some clear cut view of what can be serviced and whether the impact boundary needs to change anywhere down this line from a serviceability standpoint. There may be other issues, planning, ownership, other things that may come into play, but at least this we won't have to revisit every single time and that's something I think Mr. Smith has in the priority things to do and something that I think we'll see get accomplished here, so I think that will cfear a lot of this up. Corrie: That was one of the main reasons that we have the area of impact given, so that the drainage and the sewer, gravity flow, and this just happened to be one that it worked the wrong way that we thought after the fact. The rest of it we can make sure we can do it right. That's correct. Any other questions? Discussions? Bird: I have none. Corrie: Okay. I'll entertain a motion, then, to close the Public Hearing on the request for annexation of Bristol Heights. Bird: So moved. Nary: Second. Corrie: Motion has been made and seconded to close the Public Hearing. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Corrie: All right. Any further discussion on the request? Bird: I have none. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I just -- a further statement, I guess. I have no problem with it, but I would prefer to see them all come through at the same time and so I still -- I don't need to say anything more. Corrie: I think we all agree with that. That's not a problem. A crystal ball may make the change for us, but I hope not. Okay. Any other discussion? I will entertain a motion, then, for the request for an amendment to the area of impact for Capital Development. Meridian City Council Meeting August20,2002 Page 17 of 41 Nary: Mr. Mayor? Corrie: Nary. Nary: I move we approve the request for an amendment to the area of impact by Capital Development of Bristol Heights, southeast corner of Chinden Boulevard and North Locust Grove and for counsel to prepare Findings of Facts and Conclusions of Law and Decision and Order. I guess I'm not sure from the information on whether an ordinance is necessary to amend the area of impact or a resolution. I don't know if it's -- if we simply need to do a resolution and then county would do an ordinance to amend it. To prepare an ordinance that amends the area of impact as well. McCandless: Second. Corrie: Okay. Motion has been made and seconded. Any further discussion? Hearing none, roll call vote, Mr. Berg. Roll call vote: McCandless, aye; Nary, aye; DeWeerd, aye; Bird, aye. Corrie: All. Okay ayes. Motion is approved. MOTION CARRIED: ALL AYES. Item 12: Public Hearing: CUP 02-013 Request for a Conditional Use Permit for four 4-plex units on 1.08 acres in an L-O zone on Lots 4 and 5, Block 2 of Scottsdale Subdivision by C.W. Construction, Inc. - West Alden Drive, at the southwest corner of West Franklin Road and SW yth Avenue: Corrie: Item Number 12 is a Public Hearing. This is a request for a Conditional Use Permit for a four 4-plex unit on 1.08 acres in an L-O zone on Lots 4 and 5, Block 2, of Scottsdale Subdivision by C.W. Construction, Inc., west of Alden Drive at the southwest corner of West Franklin Road and SW yth Avenue. At this time I will open the Public Hearing and invite staff's comments first. McKinnon: Thank you, Mr. Mayor, Members of the Council. If I could direct your attention to the overhead that you have in front of you. The highlighted area is the subject area for the four four-plexes for a total of 16 apartment units. The property is located one block south of the Dreamland Day-Care Center. That's the very obvious day-care center with the castle turrets on Franklin Road. The site, as you can see, is a vacant lot right now. Just to the east of the property, there is some four-plexes. There are a number of other apartment units as well, including an eight-plex. As you can see from this photo, you can see Dreamland Day-Care Center to the north of this project. On this photo, if you can look at the lower -- I guess the lower half of the photo you can see that there is an asphalted area, that's the darker area, and that will be something that the applicant has proposed to use for a driveway for parking for the project. This asphalted area is actually an asphalted drive where a sewer line comes through. This is, actually, a common lot owned by the homeowner's association and the applicant has Meridian City Council Meeting August 20, 2002 Page 18 of 41 received approval from the homeowners association to use the asphalted area as a driveway for their parking lot on the north side of their building. As you can tell and as the Mayor apologized for the lighting of the projection, it's coming out very lightly, but this is a -- this is two four-plexes on each lot. As you can see, the buildings are set back approximately 30 feet from the fence line adjacent to the single-family homes there on -- it would be the top of this photo, which would actually be to the west. The four-plex units would be two-story units and the Planning and Zoning Commission has made a recommendation that those units not be allowed to have any balconies on the second floor. In addition to that, they have allowed only two windows on the sides of the structures that face towards the homes to keep the privacy of these -- of the people who live in the single-family homes to the west. If this came out a little bit clearer you could tell that the buildings are actually oriented towards the center of the project and the buildings face towards -- the side of the building that -- or the elevation that faces towards the sing[e-family homes are the sides that have only one window. That window is a kitchen window. The project has its amenities, half court basketball facility that will not be lighted at night, in addition to some picnic areas and at least 10 percent open space. The calculations are provided within the staff report for that. With that I'd ask if there is any questions and turn the time back over to you. Corrie: Any questions from Council? Bird: [have none, Mayor. Corrie: All right. This is a Public Hearing. [s there anyone from the public that would like to issue testimony on this? Just request that you limit it to three minutes, so -- McCarthy: Thank you, Mr. Mayor. Corrie: Is the testimony you're about to give the truth, the whole truth, and nothing but the truth, so help you God? McCarthy: It is. Corrie: Name and address, please, for the record. McCarthy: My name is Mike McCarthy. We own 250 South Outfield, which is -- if you look at the chart, the top corner right there, we are pretty much right behind the first building. Okay. Could you go to the picture that shows the field? Corrie: Can you hang on just a second? Is the applicant here tonight? I got us out of order. I'll hear yours after we hear his. McCarthy: All right. Corrie: We need to hear what he has to say. I apologize. Is the testimony you're about to give the truth, the whole truth, and nothing but the truth, so help you God? Breinholt: Yes. Meridian City Council Meeting August 20, 2002 Page 1 9 of 41 Corrie: Name and address, please. Breinholt: My name is Richard Breinholt. J am the owner of the application. I appreciate the time to visit this application. The staff presented our project fairly well. The only thing I would add to their comments is that through the hearings we have also put in the recommendations that all of the lighting will be down shielded. I would point out also along the back property line, which is where all the single-family residences are. There is a 20-foot privacy buffer, which was put into the subdivision. That buffer has been spec'd out with higher than normal density of trees and landscaping, not to be encroached in by the buildings and so on to protect the privacy of those people and that's a fair size amount of our land that we are dedicating to that privacy. Also, the developer put in a new fence all along the backside of that to help appease that issue. We have gone to a great expense in reorienting the buildings, eliminating balconies, and so on to also protect the privacy of that issue. We feel like this an appropriate project. It is within the proper zoning. It's in like use. There is -- along the other side of the subdivision the four-plexes, which are adjacent to it, and my understanding is that there is also more four-plexes being proposed on those locations, too. Without going into any further extent, I just would like the City Council to recognize the efforts, which we have gone to to protect the privacy and the neighborhood issues that, might be considered. Do you have any questions of me? Bird: I have none. Corrie: Okay. Thank you. Thank you very much. Okay. Since you were sworn before, just give your name and address for the record. McCarthy: Mike McCarthy, 250 South Outfield is the property we own. Before we purchased our home just a little over two years ago we made a phone call to the city and Planning and Zoning informed us that the lots -- vacant lots behind us were zoned L-O, which they currently are today, and we were told they were to be like professional office buildings with a brief explanation of what was going to be back there. As a result of that, we did purchase our home and have enjoyed it quite a bit over the past two years. We have helped our backyard flourish into what it is today and we do enjoy our outdoor garden hobby. I know the residents that are my neighbors also feel -- and we are also in a single-story neighbor. We were not allowed to have any two-story homes in that area. Now we are faced with two story four-plexes behind us and I know the construction company has eliminated the balconies, which is a help. However, we still feel that when we enter our backyards we will be in more or less a fish bowl. The buffer zone of 20 feet, which can be seen in the pictures here actually towards back. I know it's hard to see. There are existing trees in place, they are fir trees, and most of them cannot be seen above the fence. They offer very little privacy. The kitchen windows that we are talking about up above, I know as you stand in a kitchen window you're pretty much bored doing dishes or getting a drink of water, you look outside, what are you going to be looking at. You will be looking right in our backyards. We will always be looking over our shoulders. Yes, there are other four-plexes and other apartments in the immediate area. They are away from our house and none of them, not one building, Meridian City Council Meeting August20,2002 Page 20 of 41 backs up to a single-story or even a two-story residence. They all go to commercial property. Every one of them. Most of them back up to the Acorn Apartments -- or Acorn Storage buildings. We are also concerned about additional noise. Again, we are only 20 feet away, our fence line, and a commercial office, as an example, would probably shut down by 6:00 in the evening and the noise would go away, such as a doctor's office. This is about the time most of these residences will be returning home and that noises will start. Of course, there is no control over something like that. In conclusion, I really just want to say that our feelings are that apartments are probably not in the best interest of the neighborhood or the city and we hope that you kind of side with us on this. Thank you for your time. Corrie: Thank you, Mike. Any questions of -- is it David and Joe Bingham? Beamon? Okay. Both of you wanted to speak? Okay. Mike. Or David. Excuse me. Is the testimony you're about to give the truth, the whole truth, and nothing but the truth, so help you God? Beamon: Yes. Corrie: Okay. Beamon: David Beamon, 226 South Outfield Way. Like my neighbor said, when we purchased our house we were told that it was zoned for L-O, light office space, so we thought it would be like an insurance, you know, building or something like that, something that would shut down in the evenings. With knowing that we went ahead and purchased our house and we were really, surprised to hear they wanted to build a four- plex behind our house, being told what we were told in the beginning. So -- and we went to the public Planning and Zoning and we told them about our privacy issue and to get to the point, I don't really have too big a problem with it anymore. The main thing is like the trees that they have back there they barely stick up above the fence. We are wondering if there is additional landscaping that's going to be put back there or what -- how big these things are going to be, how much privacy are they going to be able to provide. Right now there really isn't much back there. The trees that are there are about 40 feet apart and they are only about five feet tall. That's one question that I have. Corrie: Questions? De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I guess just a clarification. Our Planning and Zoning Commission went through the process there, they answered a lot of your concerns. Beamon: Well, they did. The first meeting it was recommended that the applicant go back and see if they could make it a one-story apartment complex and when they came back they said that they couldn't make money at it, so they went ahead with the two- story anyway. Meridian City Council Meeling Augusl20, 2002 Page 21 of 41 De Weerd: Well, you made a statement that you don't have -- after that meeting you're not as opposed to it or they solved -- they answered a lot of your questions? Beamon: Well, I was disappointed that they recommended that it be one-story and since the applicant couldn't make -- it wasn't reasonable for them, that it was kind of blown off that, well, he can't make money, so we'll let him go with two stories. De Weerd: And your feeling is now -- I'm just trying to get an idea of what your feeling is. Beamon: I just -- I kind of want to know what -- where is the ultimate call going to be made? At the first meeting I felt like, okay, this is what they have recommended and this is what's going to happen and each meeting that we went back to -- we went through three meetings and the story kind of changed each time. I'm kind of wondering where is the final call going to be, because we have seen a couple different plans and it's changed numerous times. I'm just wondering, you know, what's said tonight, is that going to be the way it's going to be, or is it going to change again? I just kind of want to know what's going on. De Weerd: Well, what is decided here would be the end of it. Beamon: Okay. De Weerd: So it wouldn't change again. Beamon: And my other question is are they going to add additional landscaping? What's back there isn't going to provide much privacy for us. I guess he did mention that there was going to be landscaping. I don't know if they are adding more is what I'm curious about. De Weerd: Thank you. Corrie: Steve Cloyd. Is the testimony you're about to give the truth, the whole truth, and nothing but the truth, so help you God? Cloyd: Yes, sir. Corrie: Okay. Name and address, please, for the record. Cloyd: Steve Cloyd. 232 South Outfield Way. Okay. Corrie: Three minutes. Cloyd: Pardon me? Corrie: Three minutes. Meridian City Councll Meeting August 20, 2002 Page 22 of 41 Cloyd: I purchased my property 11 months ago. One of the initial questions that I asked of the homeowner and the real estate agent is what's going in behind us. We were told office buildings, a dentist, insurance agencies, and things of that sort. As other people have attested to, when you think of that you think they are going home at 6:00 I'm going to have some peace and quiet, I'm not going to have a big building looking into my backyard. I can tell you for a fact if there were four-plexes built there when I looked at the property I would have not bought it. I would not have bought it if I knew four-plexes were going to be built there, as a concern, as a concern to my neighbors, a concern to me. It only affects five or six lots and the majority of us are here to object to that today, that we are concerned about four-plexes. A single-story property I would have no problem at all with. I would actually encourage the duplexes. I know that there are properties in town that you can build duplexes on very nicely, keep everybody happy, and basically improve the neighborhood. Property values, you know, my opinion is if there is such concern about people purchasing, you know, houses with townhouses behind there, your property values are an issue. I know for a fact that my neighbors currently have their house on the market, they had an offer as contingent upon your decision tonight. If those townhouses go in, their offer is void. So they are going to lose their sale if you guys approve this. As far as quality of living is concerned, I spent a lot of time in my backyard. I have a hot tub back there, I'm a single father, my son and I spend a lot of time throwing the baseball around, playing with our dog, doing things in the backyard and I don't want to have to worry about who is looking at me out the window. Where my house is located, it is directly behind one of the units that they have proposed. One thing I would like to encourage you to think about is the 20-foot or 20 yard buffer. What that's going to do is that's going to give everybody a better view of our yard by moving it back from the fence they are going to get a better angle then to our yard and they should be able to see a lot better. That's a concern. I guess -- I guess what I would encourage each one of you to do tonight, if you could put this decision off, drive over to the subdivision, and drive down ih Street, you're going to see numerous four-plex units in there, you're going to see basically they are all rentals. I don't know where you folks live, typically rental units don't tend to be kept up quite as nice as privately owned residences. If you drive down the street you're going to -- you will be able to notice that, because you drive right through all those rentals and you can definitely see cars that are being worked on out on the street, trash is left out, it's just not as clean. I would like to ask each one of you to consider the fact that if you lived there, would you want 4-plexes going in behind you and I'm concerned that if you approve this, my property values will go down, my quality of life will go down, and basically just for the profit of a building. Thank you. Any questions? Corrie: Thank you. Is there anyone else that would like to issue testimony? Is the testimony you're about to give the truth, the whole truth, and nothing but the truth, so help you God? Doherty: Yes, it is. Corrie: Name and address. Meridian City Council Meeting August 20, 2002 Page 23 of 41 Doherty: My name is Joseph Doherty, 264 Outfield Way. Okay. At the first meeting with Planning and Zoning they denied the two-story buildings. Okay. C.W. Construction was asked to revise their plans to single-story. We all agreed on that At the next meeting, all they did was reposition the buildings, take out the balconies, make a few changes, and ask to submit a Landscaping Plan for the third hearing. What happened to the single level buildings? Why did C.W. Construction get a second shot at redoing it? They were already denied once the first time. Once again, we were all told when purchasing the homes, like you have all heard, that it would be single-family -- or single level houses. How is this project going to be an asset to the neighborhood? It's low income housing, it's more traffic, more noise, more school buses, crime, garbage -- would you like that behind your house? In July you denied a bar downtown, okay, because the local businesses did not approve. Well, if the neighborhood does not approve of this project -- and we also have a petition signed for evidence from everyone in the neighborhood, which we went around and submitted to everybody, and you already know we currently have 14 two-story four-plexes. One being an eight-plex and the other 16 duplexes, the 14 two-story four-plexes overlook, like they said, a storage shed and vacant land. We also have a big eyesore there, the castle, and the day-care center. We realize that the zoning can be changed by whomever, but we are hoping that you will be on our side, the homeowners, and take pride in our privacy and that's it. Thank you. Corrie: Thank you. Anyone else like to issue testimony? Okay. Hearing none, developer, you have the last answer to any questions here. Breinholt: Mayor, I think I can answer some of the questions of the issues that they have brought up. The additional landscaping, what is on the property at this point is on the plot plan, what is spec'd out is the evergreen trees and I think that in your packet is a copy of this -- I'm losing papers here. Is a copy of this plot plan? The evergreen trees are the ones that are dark here along this property line. In between all of those are large deciduous trees and shrubbery to be added to that and so there will be additional landscaping put in. As I stated before, it will be even denser than is normal placement of trees and shrubbery. It's a very -- it's a very thick buffer that's going to be put there. As far as the two-story issue, the discussion of a single-story project was brought up by the people from the subdivision behind, but that was not a requirement that was placed. It was just a matter of discussion, and we went back and changed the orientation of the buildings, we looked at all kinds of different scenarios, going daylight basement and different things, but because of the egress problems and so on we weren't able to do that. Also the attractiveness of the buildings becomes an issue, too, and that single story becomes more of a motel-like appearance then it does a townhouse type. We have gone to great efforts to make this an acceptable project. We are doing stucco exterior with stone amenities on it and so on. As far as the crime and the trash issues, actually, we have more control on who comes in and out of a rental by way of our ability of who we rent to when we renew their contracts, than the people in the single-family residences do. We can screen them and if they are not acceptable, then they go down the road. Our trash -- we have trash enclosures that's the latest technology that makes availability and enclosures that will keep the trash from scattering, drawn into our plans. What we have now is simply the neighborhood dump where all of the lawn clippings and Meridian City Council Meeling August 20. 2002 Page 24 of 41 whatever else are deposited in the neighborhood. I feel Hke this would be an improvement to the neighborhood, rather than a deterrent. That's all I have to say, unless you have some questions. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Could you show me -- and maybe, David can -- show me where it says in that Landscape Plan that you just showed us in relation to these people's homes. Breinholt: Yes. The dark -- the dark trees on this line here are the evergreens and they are placed along this 20-foot buffer here and in between those are probably twice again the number of those trees are deciduous and then in between those are bushes. Nary: And, Mr. Breinholt, I notice that the Planning and Zoning Commission -- that your testimony was, at least from the landscape folks that you had talked to, the two inch tree would grow faster than the three inch tree? Breinholt: That's correct. Nary: It would basically be quicker at covering this area? Breinholt: Within one year the two inch tree will equal the height of the growth of the three inch tree and also after that period they grow faster and thicker. A three inch tree becomes very stressed when it's transplanted and also the availability of them is almost not available, not to mention the cost difference in just that number of trees was close to 3,000 dollars for the investment of it. Nary: But isn't -- I guess -- and part of the question from the neighbors is -- I mean I recognize most of them are saying they don't want this at all, but, obviously, part of their concern is the screening of this property from their property. I guess what I'm hearing you saying, though, are that for a year they will have less screening than if we required three-inch trees there. It's the long term it mayor may not impact them, but the immediacy would be screening quicker. Breinholt: The screening that will be there -- well, what is there now are evergreen trees that are only about six feet tall and so they are about the same height as the fence. Now is the time that they will take off and they will grow about two to three feet a year, but the trees that we will be planting should be about somewhere between 15 and 20 feet tall and so there will be a screening there immediately. Nary: The two-inch trees will be 15 to 20? Breinholt: That's my estimate, yes. Nary: Okay and the three inch trees would be how big? Meridian City Council Meeting August20,2002 Page 25 of 41 Breinholt: First of all, they are not available and so I'm not sure, but in my recollection the ones that I have seen would be about 20 feet tall. I think if you did the geometry that on the actuality of their yard that it's pretty well screened. Nary: Thank you. Corrie: Any other questions? Bird: I have none. Corrie: You did say the balconies were going? Breinholt: The balconies were taken off. That was part of the changes. We also turned the buildings, so they were side wards away from the back fence line and we limited the number of windows, just a kitchen window on that side. Corrie: Thank you. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: David, I noted in the Planning and Zoning minutes talked about the required buffer and all of that. Could you maybe repeat that again? This separation between this project and the neighbors? McKinnon: I sure can, Councilman Nary. The 20-foot landscape buffer actually came about from the annexation of this property and the developer was required to install all of the evergreen trees for this property at the time of the annexation. As part of the development agreement, all of the people who subsequently developed the property in the future are required to put in all of the deciduous trees. Rather than put all of the onus on the developer at the time to develop the entire area, they asked that the developer be allowed to put in just the evergreen trees and then as developers come in, like Mr. Breinholt, it is requested that they would put in the rest of the required deciduous trees and so there are a number of trees that are required as part of this. They currently only have a conceptual Landscape Plan, but we do have a Landscape Plan that shows the number and the required number of those trees. As you noted at the Planning and Zoning Commission meeting it was discussed very heavily the difference between a size three and a -- a three inch caliper tree and a two inch caliper tree and the Planning and Zoning Commission had originally requested the three inch caliper tree to provide more visual screening at an earlier time, rather than at a later time as Councilman Nary pointed out. Planning and Zoning Commission changed their minds at the third Commission meeting and decided to go with the two inch caliper tree and make that a requirement. We do have a Landscape Plan and prior to construction a new landscape plan showing all the species of trees will be required at that time and that is in compliance with the Meridian City Code Landscape Ordinance. If there are Meridian City Council Meeting Augus120,2002 Page 26 of 41 any other questions [ haven't clarified, a specific question regarding the current landscape plan, I would be able to answer that if you have a specific question. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I guess my only question, David, is in our ordinance the 20-foot buffer is required, they are not required to have a further buffer away correct? McKinnon: That's correct. Nary: And the landscape requirement is required by our ordinance as to how much landscaping they have to have and they are complying with that as well? McKinnon: That's correct. Nary: All right. Thank you. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I guess just a question to staff. In the L-O zone, apartments are acceptable with a Conditional Use Permit? McKinnon: That's correct. De Weerd: And if a neighbor were to call and say what is it zoned behind me, would they have been explained all of that, or usually it's just zoned L-O, which is limited office, and you probably don't go through the whole list of permitted use -- permitted uses or uses allowed with a Conditional Use Permit? McKinnon: In my experience whenever someone asks me what the property is zoned and what the property can be -- what can be placed on that property -- and we do receive that question quite otten -- inevitably the conversation reverts back to the schedule of use control. It goes through and says what are permitted uses and what are conditional uses within that zone. When I talk to people I offer that to them, it is available via the website that we have, and we can send that to people. If they are willing to wait on the phone and let me read through everything, I have actually done that a few times as well. We typically do discuss the schedule of use control and state that just one or two uses, such as office only in the L-O zone, is not the discussion that I have seen among other staff members, including myself. We usually discuss all the uses. If someone asks for what a definition of an L-O zone is, the definition will be given. De Weerd: Okay. Thank you. Meridian City Council Meeting August 20, 2002 Page 27 of 41 Corrie: Any other discussion? Okay. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I guess, David, if you could kind of walk us through, what has changed in this application since the beginning of the Planning and Zoning meeting? I'm assuming that these buildings have been turned and windows taken out, balconies taken out. Could you kind of walk us through the steps of what has happened with this application through this process? McKinnon: Be happy to. Actually, David Beamon and Joseph Doherty kind of hit the nail right on the head when they talked about how there have been a number of changes. Actually, Joseph actually explained all three meetings fairly accurately. At the first meeting, the Planning and Zoning Commission heard the request for the four four- plexes. The Planning and Zoning Commission was ready to make a motion to deny the project outright, because of the location adjacent to the single-family homes on the east side of the property. Prior to making that decision they asked Mr. Breinholt if it would be okay for him to take a look at it to see if it would be feasible to go to single-story. Mr. Breinholt said that would be -- he would be grateful for that and was very accommodating and said that he would come back with a new site plan. I do have a copy of the original site plan that was presented at that meeting. It includes four windows on the south -- on the side elevations, rather than one, and the building orientation was such -- and it also included balconies. The building orientation was such that the rear of these buildings did face some of the single-family homes. Prior to the second meeting on this project Mr. Breinholt submitted a new plan that still showed two story buildings. He submitted two separate elevations, one that included a balcony and one that included no balcony, and basically stated that he would be agreeable to either, if they were approved as part of this project, he would provide that and reduce the number of windows on the second story. It became apparent that it would not be economically feasible to do the project without having a second story, so he felt that it would be best to provide the additional screening by changing the orientation of the building, reducing the lighting on the rear of the buildings, as he stated earlier the down shielding on the back, and he basically made those changes in addition to some parking changes from the first meeting to the second meeting. Prior to the third meeting a couple of changes took place, that was dealing with the lighting and dealt with the three inch caliper trees and the two inch caliper trees. It also dealt with one other issue -- I'll have to refer to my notes on this. That -- well, actually, those were the basic issues that came back from the third meeting. They were about ready to go with it on the third meeting, but they wanted to make sure that they had all the items written out and staff comments regarding the two inch, three inch caliper trees, the lighting issues and the balcony issues. They wanted that all included in the staff report. We revised the staff report rather quickly, in about a week's time, and had it back on the third meeting about two weeks after the second meeting with all the revisions and modifications from the Planning and Zoning Commission. That's what we have in front of you tonight is all their revisions based upon those first three meetings. Meridian City Council Meeting August20,2002 Page 28 of 41 De Weerd: Thank you. Corrie: Any other questions? Okay. Then no further questions I will entertain a motion to close the Public Hearing. De Weerd: Mr. Mayor, I move we close the Public Hearing. Nary: Second. Corrie: Okay. Motion has been made and seconded to close the Public Hearing on Item Number 12 for Scottsdale Subdivision. Any further discussion? Hearing none, all those in favor say aye. Opposed no? All ayes. Motion carried. MOTION CARRIED: ALL AYES. Corrie: Comments? Questions? Decisions? De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I guess my concern is that when you do move in most often people don't know what is zoned in their backyard and this is actually zoned, it was zoned L-O. I'm amazed that the neighbors actually even asked what was in their backyard, so that's the first good thing. The second good thing is whom goes further than, you know, means L- o limited office. This use is misleading and that's why there is a Conditional Use Permit attached to it, but the applicant would have to go through a Public Hearing process, so that neighbors have an opportunity to comment. I'm sure no one was trying to be discriminatory to apartment dwellers. I had been an apartment dweller until I was a rather old age. I'm not old but, you know, people go to apartments for various reasons and, I'll tell you what, I have seen a lot of apartment complexes that are much more well kept than many single-family housing out there and so that's not an issue with me. What is of concern is the L-O appearance of this to existing housing or housing that was developed in the meantime and the potential of who their backyard neighbors would be and limited office are generally single-story buildings and no one would anticipate this and I imagine that was what Planning and Zoning concern was originally as well. We don't let existing landscaping as a buffer to single-family housing in an industrial complex. It has been a bone of contention almost every time an application comes in on that development. It's not sufficient for a two-story building, you know, especially when this was zoned L-O to begin with and so I really understand the issues that the neighbors have. [appreciate the developer trying to reaclimate the buildings and all of that, but, you know, you have to have window in an apartment and people do look out them. I just would agree with the neighbors that it's a use that is not just probably a good place for it, in my opinion, so -- McCandless: Mr. Mayor? Meridian City Council Meeting August 20, 2002 Page 29 of 41 Corrie: Mrs. McCandless. McCandless: The same thoughts have been going through my mind and I was going to talk about them, but Councilwoman de Weerd has said just about everything j was going to say, but I feel the same way. I have a great deal of sympathy for the neighbors, because I think they truly believed that what was going to be in back of them would be one-story homes -- or offices and it would be a shame to put a two-story complex behind them like that that looked right into their backyards. I wouldn't like it, I know that. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: ] guess the only comment] have is that the -- I guess I would concur with Council Member de Weerd that it is not appropriate for us to make a ruling based on your perception of what apartments dwellers are like. ]t is not appropriate as to whether or not it would be maintained at the same level as your neighborhood, because it may be. That's not -- that's not what our ordinance talks about and I think our ordinance is working properly. It is an L-O zone, there are other uses besides offices that can be in an L-O zone and what our ordinance allows is exactly what's happened here. You get notice, they ask, we decide whether or not it fits. It's working the way it's supposed to, but I guess where I would concur on this is that the transition between the types of housing that we have here is something we tried to take very seriously in making decisions. We do this allover the city in trying to decide the level of density and type of housing between one another and we look at two-story homes versus one-story homes, single-family homes, and what kind of -- so that they are compatible. I think the problem here is, is that it's a pretty abrupt change between single-family homes and two-story apartment buildings, with very little buffer in between. I recognize that 20 is allowed by our ordinance and that's a general overview, that's for the whole city, that's not just for individual neighborhoods and now we have to look at the individual neighborhood and say does that fit, is that compliant, and is that going to fit in the conditional use requirements that would be compatible with the neighborhood and I don't think it is. I think that -- I think the change is too abrupt, I don't think the 20-foot buffer is adequate, I don't think there is adequate screening, I think everything else about this project is fine and if it was across the street these folks wouldn't be here. I think it's a nice project, and I think that developer has done a very good job of trying to change it to make it as compliant as he can and to be able to build it and be able to do something with it. I just think trying to put a two-story building, apartments right adjacent with only a 20-foot buffer between this project and the neighbors is too close, it's not compatible, and I guess I would agree with Council Member de Weerd and McCandless that I couldn't support it either. Corrie: Okay. Any further discussion? Bird: I have none. Meridian City Council Meeting August 20, 2002 Page 30 of 41 Corrie: Okay. If there is no more discussion, I will entertain a motion on the request for a Conditional Use Permit for four four-plex units in an L-O zone in Lots 4, and 5 of Block 2 of Scottsdale Subdivision. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I move that we ask the attorney to draw up Findings of Facts and Conclusions of Law and Decision of Order to deny the request for a Conditional Use Permit for four 4-p[ex units on 1.08 acres in an L-O zone on Lots 4 and 5, Block 2, of Scottsdale Subdivision by C.W. Construction and to include -- we[l, and not to include all staff comments, because they don't apply. [would state for the reason of the two story buildings and the incompatible transition from sing[e-family housing into the L-O zone. Nary: Second. Corrie: Excuse me. Motion has been made and seconded to deny the request for Conditional Use Permit to Scottsdale Subdivision. Is there any further discussion on the motion? Hearing none, Mr. Clerk, roll call vote, please. Roll call vote: McCandless, aye; Nary, aye; DeWeerd, aye; Bird, aye. Corrie: All ayes. Motion for Conditional Use Permit is denied. MOT[ON CARRIED: ALL AYES. Item 13: Public Hearing: VAR 02-010 Request for a Variance from the minimum [at frontage requirement for Lot 1 Block 3 of Bear Creek Subdivision by Bear Creek LLC - Lot 1 Block 3,714 West Calderwood Street: Corrie: Item Number 13 is a Public Hearing. This is a request for a Variance from the minimum lot frontage requirement for Lot 1, Block 3 of Bear Creek Subdivision by Bear Creek. At this time I will open the Public Hearing and invite staffs comments first on the request. McKinnon: Thank you, Mr. Mayor, Members of the Council. [assume you have read the staff report. The project that we are working on tonight is for a corner lot located in the Beer Creek Subdivision. It's the red highlighted lot on the map ahead of you. It's on the corner of Calderwood and South Bear Tooth Way. I'm sorry for the visual. You guys have a better copy on your -- actually, on your own laptops. Just to give you a simple overview, on the Final Plat that was approved by this body there was an arrow placed on the plat that delineated the fact that the house should front the direction of the arrow and not any other direction. The direction of that arrow was towards Calderwood Street and not towards Bear Tooth. The reason that the arrow was added to the Final Plat, besides just for clarification that the property did not have enough frontage on Bear Tooth is just to alleviate any question. The applicant was -- the applicant actually submitted this plat and -- for approval and it was approved with this and now they are Meridian City Council Meeting August 20, 2002 Page 31 of 41 asking that the home be able to be located towards Bear Tooth Way. When we make a determination on the frontage on a corner lot, we take the length and then half of the cord length around the corner. We don't count the entire cord length around the corner. In our Meridian City Code it's not apparent this is exactly the way it shall be measured, but that has been the commonly approved practice in the City of Meridian. Gary Smith is here tonight. He may have some additional comments concerning this, as it does affect public works as well. However, we are dealing with essentially a five-foot lack of frontage on South Bear Tooth that keeps this home from being able to be built facing Bear Tooth -- actually, six feet. Bruce Freckleton from the Public Works Department did the math and it showed it's a 74-foot frontage on South Bear Tooth. If you have read through the Variance report there was nothing special or unique about this piece of property. We deal with many variances for this very similar issue. We deal with fence Variances often on these corner lots, because people do not believe that they have enough rear yard because of the orientation of the building. We have actually taken the building that's been proposed here and cut it out, flipped it, placed it on the map facing towards Calderwood, rather than Bear Tooth. The property does fit on this exact same piece of property, the exact home could be built, and however, you reduce the amount of usable rear yard by doing so. There is nothing in the code that would state that there is any special reason this Variance should be approved. However, we are dealing with an issue of six feet and we have actually requested that you deny this Variance, because there are no special mitigating circumstances surrounding this piece of property that shows that any home could not be -- that could be build facing Bear Tooth Creek be built facing Calderwood. With that, I would ask if there are any questions. Bird: I have none, Mayor. Corrie: Questions? Okay. Gary, did you have any comments? Smith: Mr. Mayor and Council Members, I would like to make a couple comments. This -- the policy that I initiated some years ago in measuring the lot frontage on a corner lot is -- we have been adhering to that and it was challenged by a developer sometime ago on another subdivision and was brought before you for discussion. The policy that I had established was upheld at that time and that is that the street frontage, as defined in the ordinance, is actually measured across the frontage of the street and not across the width of the lot. Simplistically I just split half of the cord length or half of the curb, as it used to be, and assigned half of that to each side lot line to determine what the street frontage is on each side street. The city ordinary states that the frontage of the lot in an R-4 zone is 80 feet and so in that regard half of the cord length, plus the side length -- side lot length is to be 80 feet. In an effort to provide some constellation to the developer, we have allowed a lot to go foreword without a side lot dimension of 80 feet as long as one side lot dimension of 80 feet, as long as the other side lot does measure 80 feet. To make sure that everyone understands where the front of the lot is, we have asked that the developer place an arrow on the lot designating the front and that has been our policy. As David mentioned, we do receive a significant amount of requests for variances to establish the six-foot fence in the side yard setback area on corner lots. I think we did a little research and in the last 14 months we have had 44 requests for variances to set a six foot fence in a side lot setback and the reason for that is because the corner lots historically are not large enough with two 20-foot setbacks on each side Meridian City Council Meeting August 20, 2002 Page 32 of 41 to provide an adequate backyard. I think the Fence Variance Committee as it exists today has, in most all cases, granted that Variance, just because of the problem that an adequate backyard on a corner lot presents to a homeowner. I think they don't really realize until they get the building structure built what kind of backyard they end up with. That's a little bit of history on how we are where we are today and the reason for the policy that I established a number years ago in trying to be fair with establishing a frontage for a corner lot. Thank you. Corrie: Thank you, Gary. Any questions of staff? Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Which is the city ordinance, Gary that you're talking about? Smith: The ordinance, Councilman Nary? Pardon? Nary: The ordinance you said that talked about the measurement. You said part of it's policy, part of it's an ordinance. Smith: The ordinance states that a lot in an R-4 zone is to have BO-foot street frontage. David says it's 11-9-1 is the ordinance. I'm sorry. Nary: That's fine. Thank you. Corrie: Any other questions? Is the applicant here? Is the testimony you're about to give the truth, the whole truth, and nothing but the truth, so help you God? Schultz: It is. Corrie: Name and address, please. Schultz: Matt Schultz, 660 East Franklin, Meridian. Bear Creek LLC. I represent the applicant, myself, and the owner of the lot, which we sold the lot to, Borup Construction. On that site I do appreciate the intro by staff. Before I get going I'd like to hand out my little exhibit. This may be a little bit clearer than what is on the board there for you, if I could. What you have on the first sheet is an improved plot plan than what was submitted to the building department by the builder a few months back. Sheet two and sheet three is a copy of the recorded final plat, which shows an arrow. You look at the arrow, you look in the legend, and on the third sheet, and it says lot front orientation. Because that was on the Final Plat, the Building Department official said, Mr. Builder, we are not going to let you build what you submitted here as shown, which is a standard house on a pretty standard large lot, an over 10,000 square foot lot, standard front facing house, which is the general orientation of most lots. Not all, but most lots and what buyers typically want and what they prefer to have. So we have this little dilemma of, first of all, why did that arrow get there -- or how did it get there, because it's the only arrow on the whole subdivision plat of 128 lots, and what are we going to do about it, Meridian City Council Meeting Augus120,2002 Page 33 of 41 because we really don't like it that way. That's really how we looked at it. The builder had a hard time coming up with a desirable floor plan. It's not that you can't do it, because, believe me, for a 45,OOO-dollar lot you can find a way to do it if you really, really have to, but it's just not preferable. We believe it's unfair and it's unreasonable how staff has been enforcing an ordinance for I don't know how many years, that essentially the measure into halfway of the cord. Which you can very clearly see I came up with 71 feet and Bruce came up with 74. I don't know how he measured, but if you just come back to the front of the lot -- of the house, it's 84, it's 85, and we probably wouldn't have to ask for a Variance. We would just -- the arrow would never have been put there in the first place. To recreate how -- you know, Mr. McKinnon did state that the applicant did submit the Final Plat for approval and we did get it recorded, so we put that arrow on there. Well, to kind of give you a little bit of a background on how things happen. The arrow was put there in response to a comment from staff in the 11 th hour, the Final Plat coming through. There are 127 other lots that are waiting to get recorded and sold, the developer is saying record that plat, record that plat, and the surveyor said, well, put an arrow on there and get this thing recorded. We are now a year later going, well, you know, we were involved to say, yes, that was okay, but he didn't want to argue with staff, even though he might have liked to, because it's kind of unfair how that's done. Even though it is standard, it doesn't say that in Code anywhere. When I came here two years ago I didn't know that's how staff did it until you get -- until you design the lot it's almost too late to change it. You know, we are kind of caught by this we-have-always-done-it-this-way attitude that -- I have never seen it done this way anywhere else in the world, but that's just me. What we are asking for is the ability to build a standard house on a fairly standard lot that meets all the setback requirements, we are not asking for a fence variance or anything like that, it's just -- it seemed to be a little bit of an arbitrary way to measure lot frontage, in our opinion. If that is, indeed, the policy, we are asking for the Variance. If it's not the policy or if it's not an ordinance, then we wouldn't have to ask for a Variance. What we would have to do, though, is file a -- I think around here they call it an affidavit of correction for a Final Plat. A surveyor record to go to the County Recorder and file a document that says that arrow, which now points south -- there is only two ways to do it. You can correct it to face west or you can just add another arrow so it runs both directions, so the builder would have the option of building it both ways, as long as it meets setback requirements. I guess with that I'll stand for any questions or any other comments that Mayor and Council may have. Corrie: Okay. Any questions? Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: Matt, when the purchaser purchased it, he did see the Final Plat. Did he see the note with the arrow and everything? Schultz: He did. Bird: Okay. Meridian City Council Meeting August20,2002 Page 34 of 41 Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Mr. Schultz, is there some way you can tell me that the -- that if we didn't grant this that it would be an extraordinary hardship because of the unusual topography of the land or the nature and condition of the development or other physical condition? Schultz: Well, off the top of my head I looked at this corner lot and see that there is a little curve in it and the rest of the lot is plenty wide. It's just right on the narrow part of it and the fact that the surveyor decided to draw a straight line on the cord -- and I know that's how they measure the cord, but it just seems to be a very arbitrary way to do it This one particular lot is -- I believe was unfairly pointed out as how to rotate a house. It's a nice big lot, there is plenty of opportunity to build a nice, adequate size house on it because of the arbitrary way of measuring that and because the curve of the street comes in, it places a hardship on the builder to have to come up with some fairly extravagant and creative ways of dealing with this. It's not impossible. I won't stand here and say it's impossible. Nary: Well -- but didn't I hear you say -- actually, your testimony was that they could build it, it's just that they don't want to build it this way? Schultz: It's not desirable and the buyer does not want it -- they'd prefer not to have it There are extra doors you can put on it, there is different things you can do. Nary: And aren't all of these issues regarding the arrow and the orientation of the house and all of that, couldn't that all have been done at the final plat before we approved it? Schultz: Yes and in theory. We would probably have to delay the recordation of the final plat to come to this point to overrule -- to try to get an overruling on the staff decision to place -- to require us to place the lot frontage arrow on it, which at that time would have been fairly costly and time prohibitive to do. Nary: So it was expeditious to get it approved when you had it approved, but it wasn't certainly -- and we did a Final Plat tonight We do one every week. The comments said that this one lot was a problem, we need to fix that before we get to finalized, here is what it is, before we grant a Variance and we get a clarification on how you measure it, all that could have been done before we approved the Final Plat, couldn't it? Schultz: Theoretically, yes. Nary: Theoretically? You don't think you could have done that? Schultz: I couldn't have, because I wasn't around, so I can't answer-- Nary: But you do this all the time. Can't you, before the Final Plat, come in and make every one of these requests that you have made without having to do a Variance? We Meridian City Council Meeting August20,2002 Page 35 of 41 could have readjusted, we could have redrawn it, we could have done -- at the Preliminary Plat we could have done it, the Final Plat we could have done it, well before it had to be a Variance correct? Schultz: I agree wholeheartedly. Corrie: Any other questions? De Weerd: He's hard to argue with sometimes. Schultz: I have been here before. De Weerd: But, you know, you got hooked on your word arbitrary. What's arbitrary about when you put that arrow on there? I don't know -- are you -- Schultz: It's also a vague term, you know, lot front orientation and arrow on it, it's very vague, it's -- I would ask that -- just for the sake of new engineers and planners and everybody that doesn't know somebody that knows somebody that knows what the rule is, that that should be put in the ordinance that that's, indeed, how it is measured. It seemed to be a very complicated, you know, mathematical little thing that was done by your -- you know, when Mr. Smith is gone in 10 years it could come up again. Maybe from our standpoint we would just appreciate in the future that that would be more spelled out in the ordinance than it is. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Would it be clear, Mr. Smith, if the ordinance said -- well, I guess Mr. Schultz asked for it to be lot frontage and our ordinance says street frontage. Is that -- Schultz: Does it say street frontage? Smith: I believe our ordinance says street frontage. Schultz: I don't know that it does or not. I think that a lot that -- Nary: So if it says street frontage that would be fairly clear. Smith: Mr. Mayor, Councilman Nary, I have got a -- Bruce Freckleton wrote the definition of frontage on this memorandum he gave to me. The frontage of the lot measured along the street from side property line to side property line. On corner lots and through fats all sides of the fot adjacent to street shall be considered frontage. Nary: Now I guess the question is, is that in our ordinance? Smith: That is. Meridian City Council Meeting August 20, 2002 Page 36 of 41 Nary: The term street frontage. Smith: I am reading from Ordinance 12-13-5 under definitions. Nary: I can't think of anything clearer than if it says street and it says lot orientation. You and I both know what that means. I don't think that's that confusing to people. I guess we disagree on what it should say. Schultz: Yes, we do. Corrie: Okay. Any other questions? Okay. Thank yOU. Is there anyone else from the public that would like to issue testimony? Is the testimony you're about to give the truth, the whole truth, and nothing but the truth, so help you God? Borup: It is. Corrie: Name and address, please. Borup: Keith Borup, 2250 North Meridian Road. I originally was not planning on testifying, but it looks like too much fun. I'm not sure what n just some of the thoughts I had in listening and I think Mr. Schultz got into that, but -- and I got to say when I bought the lot I saw the arrow, I knew what that meant. De Weerd: I would hope so. Borup: I'm not making any excuses there but I have spent since last year trying to find someone that would come up with a design to orient it the other way and have not been successful. We have a plan that's selling very well and people want the plan and will want this lot. I guess the point -- there is no written definition in the ordinance on how __ on how it is measured. We are talking about streets, street frontage. I believe the post office -- and I suspect the city talks about street frontage to the middle of the intersection. That's how you tell which way a house is facing and where the street ends. You know, that's another 25 feet beyond the property line if we are talking about street frontage. Our reason for coming here, really, is not that we couldn't get the house to orient on that lot it is what's the most acceptable, pleasing, and reasonable site design. The house would rotate the other way and give us a six-foot backyard, which I don't think is a pleasing design. The City Ordinance also calls for a 15-foot minimum setback in a backyard. Well, this corner -- I believe it's in the same ordinance, it says if you have a corner lot and you don't have enough room to have a 15-foot setback in the backyard, you can designate the side yard as the backyard. That's how this would comply. What our entire side yard is would become the backyard by definition. Then the setbacks do comply. The way that it would comply is to have a door facing Calderwood and not change anything else from what you see and what the application is. Having the door facing the other street doesn't make that as the front of the house, which just means a longer access around. You know, to me probably another necessary design change to make, which, again, probably is not that esthetically pleasing, but I guess my point in saying all this, it can comply, but I don't think it's the best design and best interest of the Meridian City Council Meeting August 20, 2002 Page 37 of41 neighbors and the neighborhood. I don't believe I have other comments, unless you have any questions. Thank you. Corrie: Thank you. Anyone else like to issue testimony? Okay. Council, any other discussion with the Public Hearing? Bird: I have none. Corrie: Okay. Hearing none, I will entertain a motion to close the Public Hearing. McCandless: Mr. Mayor, I move that we close the Public Hearing. Bird: Second. Corrie: Motion has been made and seconded to close the Public Hearing. All those in favor say aye. Opposed no? The Public Hearing is now declared closed. MOTION CARRIED: ALL AYES. Corrie: Discussion on the request for variance? Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I'm sure most everybody can see where I feel on this. The ordinance says what it says. I think the street frontage is -- I think it is clear. I think it is required for the staff to interpret it. From what I heard from Mr. Smith's testimony -- or Mr. Smith's statement, this is the way we do it all over the place. If we want to reinterpret this for the Public Works Department, then we will have to reinterpret it for everyone, not just this lot. If we were to grant it for this lot, then we'd have to make a finding under our Variance requirements and I just don't think there is enough evidence to provide that. It is -- it may be inconvenient. I have seen some corner lots -- I happen to live on a corner lot. I have seen them, they are a little -- sometimes the houses are a little goofy, you have got a garage on one side and a door on another, and sometimes they are a little bit odd, but they can be done and our ordinance says they have to show a hardship that's extraordinary, not inconvenient. This is something that probably should have been cleared up at the point that the final plat was done, it wasn't, they want to leave it for a Variance, that's the risk you take that you're just not going to have enough to show extraordinary hardship, that there is unusual topography, there isn't -- there is just nothing that's required by our ordinance. I feel for the builder and I understand the dilemma, but I just don't see any reason that our ordinance be granted a Variance when I think everything done by the Public Works Department was reasonable. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. Meridian City Council Meeting August20,2002 Page 38 of 41 De Weerd: I think since Mr. Nary is being so easy on this builder -- I think I remember less than a month ago it was a little different. Now I looked at the reasons to grant a variance and I just don't see any of those reasons really meeting the intent of this variance. I would concur with Councilman Nary of his rather eloquent synopsis of the situation. Corrie: Anybody else before I editorialize here? Get in trouble. All right. If there is nothing else, I will entertain a motion on the request for the Variance. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I would move that we deny the request for Variance on the minimum lot frontage requirements for Lot 1, Block 3, for Bear Creek Subdivision by Bear Creek LLC, Lot 1, Block 3, at 714 West Calderwood, and for counsel to prepare Findings of Fact and Conclusions of Law consistent with that denial. As well as incorporating the testimony from this evening. Bird: I would second that. Corrie: Motion has been made and seconded. Is there any further discussion? Hearing none, roll call vote, Mr. Berg. Roll call vote: McCandless, aye; Nary, aye; DeWeerd, aye; Bird, aye. Corrie: All ayes. Motion to deny is approved. MOTION CARRIED: ALL AYES. Item 14: Water, Sewer and Trash Delinquencies: Corrie: Ready for the next one? Okay. Next is the delinquency. This is to inform you in writing if you so choose you have the right to a predetermined hearing on Tuesday, August 20, 2002, before the Mayor and City Council to appear in person to be judged on the facts and defend a claim made by this city that your water, sewer, and trash bill is delinquent. You may retain counsel and this service will be discontinued on August 21st or August 28th, unless payment is received in full. Is there anyone present that wishes to have his or her water, sewer or trash delinquency contested? You are hereby informed that you may appeal or have the decision of the city reviewed by the Fourth Judicial District Court pursuant to Idaho State Code. Even though you do appeal, your water will be shut off. The amount of the shut off list is 31,072.30. Council, you have seen the list of delinquency turn off schedule. What is your pleasure? I'll entertain a motion to approve the turn off list. Bird: Mr. Mayor? Meridian City Council Meeting August20,2002 Page 39 of 41 Corrie: Mr. Bird. Bird: I move that we approve the delinquency turn of list and to have the turn off date as August 21, 2002, and August 28, 2002, unless payment is received in full and the amount is 31,072.30. De Weerd: Second. Corrie: Okay. Motion has been made and seconded to approve the delinquency turn off schedule. Any further discussion? Hearing none, roll call vote, Mr. Berg. Roll call vote: McCandless, aye; Nary, aye; DeWeerd, aye; Bird, aye. Corrie: All ayes. Motion carried to approve the delinquency turn off list is approved. MOTION CARRIED: ALL AYES. Corrie: And that ends the agenda. I'll entertain a motion to adjourn. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: J move we adjourn the August 20, 2002, Council meeting. Nary: Second. Corrie: Motion has been made and seconded to adjourn the meeting. All in favor say aye. Approved at 8:34. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 8:34 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: ATTESTED 9 /.J / tlZ- DATE 1\ h. (Y :p ( ?/Jo J.- G/U 1 )'-Vf Item Packet Pickup ~ 0~Uv 1J1r;fltk- )-uhd/Yi 'SI IYl ,,// I [ . .... ' /;1) {)iL/f'ln(;!(yo{U :;-1 II L,' S .s'ubtvtki .;Jandc.u ((_h ,R..e z C/}LL, ( +<..:> _ I c.....r JUL \:::. A ./:;#. b{.1:-. d- , FA 0Ji c,h? t' U4; ~ . r rJd/ b;#A~;L- '--' OCJ. fA )~ I to '(Jt 4 >~o / ~fl-.A ) ~ . g -Ie; -{) I ().. W <<I v 1~ (JJ:?It !!Zi)lfDi/~ !?--/q-(J/ /0:-:6 ~'l7tV/i)VI) \\ ~/Cl i,~Ir) ref 8-/fj.6/ 5 ~ ()c; ]/111/) I (J)( }1J jJ-~~ r-2()'1 ZCJ-'2lJ l...... 1/ ~ 1\\ - ~ cJA..J~ 8 - ~ f(: 1.0 (' [(: /' fiI. /~/)~ S' - 2Q / {J ; 1/ 0 ...Y~JJ, v /d~~U ct-2eJ /!TO ~I} 1/ DYJd h ~ y")b ..{ 00 ~'1' / v BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR REZONE OF APPROXIMATELY 0.97 ACRES FOR PROPOSED SUBWAY SANDWICH SHOP AND FUTURE OFFICEIRET AIL BUILDING LOCATED AT THE NORTHEAST CORNER OF MAGIC VIEW DRIVE AND ALLEN STREET, MERIDIAN, IDAHO BLAINE AND CYNTHIA JACOBSON, Applicant. CI C 08/06102 ) ) ) ) ) ) ) ) ) ) ) ) ) Case No: RZ-02-001 FINDINGS OF .FACT AND CONCLUSIONS OF LAW, DECISION AND ORDER DENYING APPLICATION FOR REZONE The above entitled matter on the rezoning application of 0.97 acres having come on for public hearing on August 6, 2002, at the hour of7:00 o'clock p.m., and Council having received the repOli of David McKinnon Planner for the Planning and Zoning Department, and Bruce Freckleton, Engineering Technician III, and Brad Hawkins-Clark of the Planning and Zoning Department, Cornell Larsen, Mark Bowen, and Jared Child, appeared and testified, and the Council having received the record of this matter made before the Planning and Zoning Commission, and having received their Recommendation to the City Council, 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, Decision and Order: FINDINGS OF FACT 1. The notice of public hearing on the application for rezoning was published for two (2) consecutive weeks prior to said public hearing scheduled for August 6, 2002, before FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER DENYING THE REZONING OF 0.97 ACRES FOR SUBWAY -OFFICE/RETAIL BLDG. BY: BLAINE AND CYNTHIA JACOBSON - (RZ-02-001) - I the City Council, the first publication appearing and written notice having been mailed to propeliy owners or purchasers of record within three hundred feet (300') of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing; and that 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 August 6, 2002, public hearing; 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 with all notice and hearing requirements set forth in Idaho Code SS 67-6509 and 67-6511, and Meridian City Code SS 11-15-5 and 11-16-1. 3. The City Council takes judicial notice of its zoning, subdivisions and development ordinances codified at Meridian City Code Title 11 and Title 12, 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. 4. The property is approximately 0.97 acres in size. The propeliy is generally located at the northeast corner of Magic View Drive and Allen Street, in Meridian, Idaho, and is described in the legal on file with the City Clerk's Office. 5. The owner of record of the subject property is Magic View Partners, an Idaho General Partnership, P.O. Box 8204, Boise, Idaho. FINDINGS OF FACT AND CONCLUSlONS OF LAW AND DECISION AND ORDER DENYING THE REZONING OF 0.97 ACRES FOR SUBWAY - OFFICE/RETAIL BLDG. BY: BLAINE AND CYNTHIA JACOBSON - (RZ-02-001) -2 6. The Applicants are Blaine and Cynthia Jacobson, 2233 Blue Stem Lane, Boise, Idaho. 7. The property is presently zoned as L-O, and is vacant. 8. The Applicant requests the propeliy be rezoned to General Retail and Service Commercial (C-G). 9. The proposed site is bordered on the north by two vacant parcels ofland, to the south by Jackson's Texaco Gas and Convenience Store, to the east by a Chevron Gas and Convenience Store, and to the west by Lincoln Plaza. The site is located at the intersection of Magic View and S. Allen Street, approximately 1000 feet west of Eagle Road. 10. The subject property is within the city limits of the City of Meridian. 11. The entire parcel of the property is included within the Meridian Urban Service Planning Area as defined in the Meridian Comprehensive Plan. 12. The Applicant proposes to develop the subject propeliy in the following manner: to build a 1,743 sq. ft. Subway sandwich shop to include a single-window drive-thm, and a future officelretail building of approximately 5,840 sq. ft. 13. The Applicant's requested rezoning of the subject real property as C-G is consistent with the designation on the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject propeliy as Mixed Planned Use Development. 14. There are no significant or scenic features of major importance that affect the consideration of this application. l5. The applicant is pursuing a C-G zoning for their Subway sandwich shop so that they would have the ability to have signs larger than those allowed in an L-O zone. The FINDINGS OF FACT AND CONCLUSIONS OF LA W AND DECISION AND ORDER DENYING THE REZONING OF 0.97 ACRES FOR SUBWAY - OFFICE/RETAIL BLDG. BY: BLAINE AND CYNTHIA JACOBSON - (RZ-02-001) -3 ( development agreement previously entered into for the property only allows for L-O zoning. CONCLUSIONS OF LAW 1. The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 2. 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. 3. The requested zoning of General Retail and Service Commercial District, (C~G) is defined in the Zoning Ordinance at 11-7-2 K as follows: fe-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 within a building; to provide for a review ofthe 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 travel- 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. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW WHICH ARE HEREIN ADOPTED, the City Council does hereby Order and this does Order: 1. The Applicant's request for rezone of approximately 0.97 acres to build a 1,743 sq. ft. Subway sandwich shop to include a single-window drive-thm, and a future office/retail building of approximately 5,840 sq. ft., is hereby denied as the requested FINDINGS OF FACT AND CONCLUSIONS OF LA W AND DECISION AND ORDER DENYING THE REZONING OF 0.97 ACRES FOR SUBWAY - OFFICE/RETAIL BLDG. BY: BLAINE AND CYNTHIA JACOBSON - (RZ-02-001) -4 zoning designation is incompatible with the existing development agreement. 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 67-652]. An affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the rezoning 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. j:J,.r1~ r /- -? /J 1&., ~ By action ofthe City Council at its regular meeting held on ~~d r ?V 2002. ROLL CALL COUNCILMAN KEITH BIRD VOTED~ COUNCILWOMAN TAMMY deWEERD VOTED~ COUNCIL WOMAN CHERIE McCANDLESS VOTED~ COUNCILMAN WM. L.M. NARY VOTED~'-- MAYOR ROBERT CORRIE (TIE BREAKER) DATED: 8 - z.c;; -02-- VOTED ... MOTION: APPROVED;~ DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER DENYING THE REZONING OF 0.97 ACRES FOR SUBWAY - OFFICE/RETAIL BLDG. BY: BLAINE AND CYNTHIA JACOBSON ~ (RZ-02-001) - 5 Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and the City Attorney. ByJf#~ /J ~q, ,9--. CIty Clerk' V' Dated: g~ t3,,()Z- Z:\ Work\M\Meridian\Meridian I 5360M\Subway RZ02-00 1 Denial Findillgs\FfsClsOrderDenyillgREZ.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER DENYING THE REZONING OF 0.97 ACRES FOR SUBWAY - OFFICE/RETAIL BLDG. BY: BLAINE AND CYNTHIA JACOBSON - (RZ-02-00I) -6 ( BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 08/06/02 IN THE MATTER OF THE ) REQUEST FOR CONDITIONAL ) USE PERMIT FOR ) CONSTRUCTION OF AN ) OFFICE/W AREHOUSE BUILDING ) IN AN I-L ZONE, LOCATED AT) LOT 10 BLOCK 2, STONEBRIDGE ) BUSINESS PARK (MEDIMONT ) SUBDIVISION) AT THE ) NORTHWEST CORNER OF E. ) FRANKLIN ROAD AND S. LOCUST ) GROVE ROAD, MERIDIAN, ) IDAHO ) ) FALASH & ROSS ) CONSTRUCTION,INC., ) ) APPLICANT ) ) Case No. CUP-02-017 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 August 6, 2002 at the hour of 6:30 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Brad Hawkins-Clark of the Planning and Zoning Department, Brad Watson of the Public Works Depaliment, Michael Falash, and Bemie Robelison, appeared and testified, and the City Council having duly considered the evidence and the record in this matter and the Recommendations to City Council issued by the Planning and Zoning Commission who conducted a public hearing and the Council having heard and taken oral and written testimony, and having duly considered the matter, the City Council hereby makes the following Findings of Fact, Conclusions of Law and Decision and Order to-wit: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 1 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 August 6, 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 propelty under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing and the copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the August 6, 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 with all notice and hearing requirements set fOlth in Idaho Code 967-6509, 6512, and Meridian City Code 9911-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. This proposed development request is in an I-L zone and by reason of the provisions of the Meridian City Code 9 11-17-4, a public hearing was required before the City Council on this application. 4. The property is located at Lot 10 Block 2, Stonebridge Business Park (Medimont Subdivision) at the northwest corner of E. Franklin Road and S. Locust Grove Road, Meridian, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 2 ( Idaho. 5. The owner of record of the subject property is Falash & Ross Construction, Inc., 149 S. Adkins Ste. 101, Meridian, Idaho. 6. Applicant is owner of record. 7. The subject property is cUlTently zoned I-L. The zoning district ofI-L is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. 8. The proposed application requests a conditional use permit for construction of a multi-tenant flex space (office/warehouse). The I-L zoning designation within the City of Meridian Zoning and Development Ordinance requires a condHional use permit be obtained for most uses including those requested by the Applicant. (Meridian City Zoning and Development Ordinance, Section 11-8-]). 9. The Meridian City Council recognizes that the proposed application is in compliance with the Meridian Comprehensive Plan. 10. The use proposed within the subject application will in fact, constitute a conditional use as determined by City Ordinance. 11. The City Council recognizes the concerns ofMr. Jim Witherell expressed in his letters dated July 3, 2002 and August 3, 2002. 12. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code and all CUlTent zoning maps thereof and the Comprehensive Plan of the City of Meridian, and Maps and the Ordinance establishing the Impact Area Boundary. 13. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction public facilities and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 3 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: The Planning and Zoning Commission requires: 1.1 The Applicant shall be required to provide adequate dust abatement during any construction pursuant to this Conditional Use Permit. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1.2 All parking and areas of circulation shall be improved with a hard surface in accordance with Meridian City Code 11-13-4.D. 1.3 Submit a detailed landscape plan when applying for Certificate of Zoning compliance. 1.4 Hours of operation shall be limited to 6:00am-1O:00pm, in accordance with the Development Agreement. 1.5 Water service to this lot is inaccurately depicted on the site plan. 1.6 Relocate dumpster to southerly side of property to lessen impact of noise on adj acent residential property. 1.7 Ensure tenants shall include industrial uses, as utilization ofthe building for only office uses is prohibited in the I-L zone. Staff shall monitor these uses. 1.8 Down-shield or otherwise alter all exterior lighting, whether attached to the building or located within the parking lot, so that the light does not spill over onto adjacent properties or rights-of-way. All parking lot lighting shall be in accordance with Ordinance 11-13-4C. 1.9 Provide signage in accordance with the standards set forth in Section] 1-14 of the City Zoning and Development Ordinance. All signage is subject to design review and shall require separate permits. Temporary or portable signs shall be prohibited, and shall be removed upon three (3) days notice to the Applicant. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 4 1.10 Building and site improvement construction shall conform to the requirements of the Americans with Disabilities Act. 1.11 Submit a drainage plan designed by a State of Idaho licensed architect or engineer to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 1.12 Trash: The trash enclosure shall be enclosed on at least three (3) sides by a solid wall or sight-obscuring fence at least four (4) feet in height in accordance with Ordinance 11-12-1 C. Coordinate location and construction requirements with Sanitary Services, Inc. 1.13 Certificate of Occupancy: All required improvements shall be complete prior to obtaining a Ceriificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid shall accompany any request for temporary occupancy. Any tempormy occupancy shall not exceed 60 days to complete the required improvements. 1.14 A CeJiificate of Zoning Compliance and a building permit shall be obtained prior to the start of construction. 1.15 This Conditional Use Permit shall be valid for a maximum period of 18 months. If construction has not begun within this timeframe, a new Conditional Use Permit shall be obtained prior to the start of development. Adopt the Recommendations of the Meridian Fire Department as follows: U 6 Provide a fire-flow as required by the 1997 Uniform Fire Code Appendix III-A. Please show all proximity hydrants within 500' of the project on the resubmitted plat. 1.17 All entrances and internal roads shall have corners with a minimum of a 28' inside radius and 48' outside radius. 1.18 The proposed buildings and uses shall comply with the 1997 Unifonn Fire Code. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 5 1.19 Acceptance of water supply for fire protection is contingent upon acceptance of the water system by the City of Meridian for water quality. ] .20 Final approval of fire hydrant locations shall be by the Fire Department. 1.21 The roadways shall be built to Ada County Highway Standards and shall have a clear driving surface, which is 20' wide. Any building more than 30' in height shall have a 26' wide access road to provide for aerial truck operations. 1.22 All building uses and occupancies will have to meet the separation requirements of the Unifoml Building Code. Adopt the Recommendation of the Central District Health Department as follows: 1.23 It is recommended that storm water be pre-treated through a grassy swale prior to discharge to the subsurface to prevent impact to ground water and surface water quality. The engineers and architects involved with the design of this project should obtain current best management practices for stann water disposal and design a storm water management system that is preventing groundwater and surface water degradation. Adopt the Recommendation of the Sanitary Service as follows: 1.24 This facility will generate approximately 1 Y2 to 2 cubic yards of waste per day. Enclosure location and access is good. Please provide 10' minimum inside of the gate posts. l4. It is found that the site is large enough to accommodate the required parking, landscaping, yards and other features required by the Zoning Ordinance. 15. The current Comprehensive Plan Land Use Map designates the property as Mixed Planned Use Development. It is found that the development plan and proposed uses to be in compliance with the Meridian Zoning Ordinance and the CUlTent Comprehensive Plan. 16. It is found that the proposed office/warehouse uses will be compatible with other uses in the general neighborhood and with the intended character oHhe general vicinity, which is an industrial business park. 17. It is not anticipated that the proposed uses will have an adverse affect on the other FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 6 property in the vicinity if designed, constructed, operated and maintained in accordance with the tenns of the development agreement and all city ordinances. 18. It is found that the proposed development will be adequately served by the essential public facilities and services listed above. 19. It is found that the proposed use would not create additional requirements at public cost for public facilities and service and will not be detrimental to the economic welfare of the community. 20. It is not anticipated that the proposed use will be detrimental to the general welfare of the community by means of increased traffic, noise, smoke fumes, glare or odors generated by the uses. Relocation of the proposed dumpster to the n011herly side of the property and limiting street sweeping activities will alleviate some noise problems that may occur. 21. It is found that the proposed use will not create significant interference with any traffic on the surrounding public streets. 22. It is found that no natural or scenic feature wi]] be lost, damaged or destroyed by issuance of this conditional use. CONCLUSIONS OF LAW 1. The City of Meridian shall exercise the powers confelTed 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. ~67-6503). 2. The Meridian City Council may exercise all the powers required and authorized under the" Act" except the power to adopt ordinances by the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho Code Section 67-6504 which the City FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 7 Council of the City of Meridian has established by the passage of the "City of Meridian Zoning and Development Ordinance" at Titles XI and XII, Chapter I, Meridian City Code. 3. As pmi ofa 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 the evidential showing supports the finding that the following standards are met and that the proposed development: (Meridian City Code S 11-17-3) a. That the site is large enough to accommodate the proposed use and all yards, open spaces, parking, landscaping and other features as may be required by this Ordinance; b. That the proposed use and development plan win be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements ofthis Ordinance; c. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area; d. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; e. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, sewer; or that the person responsible for the establishment of the proposed conditional use shall be able to provide adequately any such services; f. That the proposed use will not create excessive additional cost for public facilities and services and will not be detrimental to the economic welfare of the community; g. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 8 general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; h. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create interference with traffic on surrounding public streets; and i. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. 5. Prior to granting a conditional use permit in the Light Industrial District (I-L), 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 extemal boundaries ofthe land under consideration for the conditional use permit all in accordance with the provisions of Meridian City Code S 11-17-5 City of Meridian Zoning and Development Ordinance, which provides as follows: "Prior to approving a Conditional Use Permit, the applicant and the Commission and Council shall follow notice and hearing procedures provided in Chapter 15 of this Title. Provided, however, that conditional use applications for land in Old Town and in industrial and commercial districts shall only be required to have one public hearing which shall be held before the Planning and Zoning Commission; and after the recommendation of the Commission is made, the application shall go before the City Council without a public hearing and the Council may approve, deny, or modify the recommendation of the Commission." 6. Following the public hearing and within 45 days after the conclusion of the public hearing the Commission shall, transmit its recommendations to the Meridian City Council with supportive reasons. The Commission shall recommend that the application be approved, approved with conditions or denied. The Commission shall ensure that any approval or approval with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City Code S 11-17-6) 7. When the City Council approves a conditional use pem1it it may impose FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 9 conditions of that approval that reasonably: A. Minimize adverse impact on other development; B. Control the sequence and timing of development; C. Control the duration of development; D. Assure that the development is maintained property; E. Designate the exact location and nature of the development; F. Require the provision for on-site public facilities or services; and G. Require more restrictive standards than those generally required, in this Ordinance. 8. The City of Meridian has, by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 21, 1993, Ord. 629, January 4, 1994 and Maps. DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does Order that: 1. That the above named applicant is granted a conditional use permit for construction ofa multi-tenant flex space (office/warehouse) in an I-L zone located at Lot 10 Block 2, Stonebridge Business Park (Medimont Subdivision) at the northwest comer ofE. Franklin Road and S. Locust Grove Road, Meridian, Idaho, subject to the following conditions of use and development, subject to the following: The Planning and Zoning Commission requires: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 10 1.1 The Applicant shall be required to provide adequate dust abatement during any construction pursuant to this Conditional Use Permit. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1.2 All parking and areas of circulation shall be improved with a hard surface in accordance with Meridian City Code 11-13-4.D. 1.3 Submit a detailed landscape plan when applying for Certificate of Zoning compliance. 1.4 Hours of operation shall be limited to 6:00am-l 0:00pm, in accordance with the Development Agreement. 1.5 Water service to this lot is inaccurately depicted on the site plan. 1.6 Relocate dumpster to southerly side of property to lessen impact of noise on adjacent residential property. 1.7 Ensure tenants shall include industrial uses, as utilization of the building for only office uses is prohibited in the I-L zone. Staff shall monitor these uses. 1.8 Down-shield or otherwise alter all exterior lighting, whether attached to the building or located within the parking lot, so that the light does not spill over onto adjacent propeliies or rights-of-way. All parking lot lighting shall be in accordance with Ordinance 11-13-4C. 1.9 Provide signage in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. All signage is subject to design review and shall require separate permits. Temporary or portable signs shall be prohibited, and shall be removed upon three (3) days notice to the Applicant. 1.10 Building and site improvement construction shall conform to the requirements of the Americans with Disabilities Act. 1.11 Submit a drainage plan designed by a State of Idaho licensed architect or engineer to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog ofStol111 Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approvaL The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 11 ; ( 1.12 Trash: The trash enclosure shall be enclosed on at least three (3) sides by a solid wall or sight-obscuring fence at least four (4) feet in height in accordance with Ordinance 11-12-] C. Coordinate location and construction requirements with Sanitary Services, Inc. 1.13 Certificate of Occupancy: AIl required improvements shall be complete prior to obtaining a Celiificate of Occupancy for the proposed development. A temporary Celiificate of Occupancy may be obtained by providing surety to the City in the fornl of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid shall accompany any request for temporalY occupancy. Any temporary occupancy shall not exceed 60 days to complete the required improvements. L .14 A Cetiificate of Zoning Compliance and a building permit shall be obtained prior to the start of construction. 1.15 This Conditional Use Permit shall be valid for a maximum period of 18 months. If constmction has not begun within this timeframe, a new Conditional Use Permit shall be obtained prior to the start of development. Adopt the Recommendations of the Meridian Fire Department as follows: 1. L6 Provide a fire-flow as required by the 1997 Uniform Fire Code Appendix III-A. Please show all proximity hydrants within 500' of the project on the resubmitted plat. 1.17 All entrances and internal roads shall have corners with a minimum of a 28' inside radius and 48' outside radius. 1.18 The proposed buildings and uses shall comply with the 1997 Uniform Fire Code. 1.19 Acceptance of water supply for fire protection is contingent upon acceptance of the water system by the City of Meridian for water quality. 1.20 Final approval of fire hydrant locations shall be by the Fire Department. 1.21 The roadways shall be built to Ada County Highway Standards and shall have a clear driving surface, which is 20' wide. Any building more than 30' in height shall have a 26' wide access road to provide for aerial truck operations. 1.22 All building uses and occupancies will have to meet the separation requirements of the Unifonn Building Code. Adopt the Recommendation of the Central District Health Department as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 12 1.23 It is recommended that stonn water be pre-treated through a grassy swale prior to discharge to the subsurface to prevent impact to ground water and surface water quality. The engineers and architects involved with the design of this project should obtain current best management practices for storm water disposal and design a storm water management system that is preventing groundwater and surface water degradation. Adopt the Recommendation of the Sanitary Service as follows: 1.24 This facility will generate approximately 1 Yz to 2 cubic yards of waste per day. Enclosure location and access is good. Please provide 10' minimum inside of the gate posts. 2. The conditions shall be reviewable by the Council pursuant to Meridian City Code 911-17-9. 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 pem1it. 4. That the City Attorney draft an Order Granting Conditional Use Permit In accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. NOTICE OF FINAL ACTION Please take notice that this is a final action ofthe 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 propeliy which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 13 By action of the City Council at its regular meeting held on the !9-u.--~ t , 2002. ROLL CALL: '''? /J~'> ?C/ - day of COUNCILMAN KEITH BIRD VOTED ffea..-- VOTED $a..- VOTED~ COUNCIL WOMAN TAMMY deWEERD COUNCILWOMAN CHERIE Mc CANDLESS COUNCILMAN WILLIAM L.M. NARY VOTED~C MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED --- DATED: g-Zo-tJ2- MOTION: ~ APPROVE : DISAPPROVED: Copy served upon Applicant, Planning and Zoning Department, Public Works Department and the City Attorney. By:J!~'P~jl: City Clerk Dated: Z:\Work\M\Meridian\Mcridiun 15360M\Fulash Ross Construction CUP02.016 CUP02.0 17\FfClsCUP02-0 17.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 14 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 08/06/02 IN THE MATTER OF THE ) REQUEST FOR CONDITIONAL ) USE PERMIT FOR ) CONSTRUCTION OF AN ) OFFICE/WAREHOUSE BUILDING ) IN AN I-L ZONE, LOCATED AT ) LOT 10 BLOCK 2, STONEBRIDGE ) BUSINESS PARK (MEDIMONT ) SUBDIVISION) AT THE ) NORTHWEST CORNER OF E. ) FRANKLIN ROAD AND S. LOCUST ) GROVE ROAD, MERIDIAN, ) IDAHO ) ) F ALASH & ROSS ) CONSTRUCTION, INC. ) ) APPLICANT ) ) Case No. CUP-02-017 ORDER GRANTING CONDITIONAL USE PERMIT ] . This matter coming before the City Council 011 the August 6, 2002, under the provisions of Meridian City Code 9 11-] 7-4 for final action on conditional use permit application and the Council having received and approving the Recommendation of the Planning and Zoning Commission the Council takes the following action: 2. That the above named applicant is granted a conditional use permit to in an I-L zone located at Lot 10 Block 2, Stonebridge Business Park (Medimont Subdivision) at the nOlthwest corner ofE. Franklin Road and S. Locust Grove Road, Meridian, Idaho, subject to the following conditions of use and development: ORDER CONDITIONAL USE PERMIT (CUP-02-017) -1 The Planning and Zoning Commission requires: 1. [ The Applicant shall be required to provide adequate dust abatement during any construction pursuant to this Conditional Use Permit. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1.2 All parking and areas of circulation shall be improved with a hard surface in accordance with Meridian City Code 11-13-4.D. 1.3 Submit a detailed landscape plan when applying for Certificate of Zoning compllance. 1.4 Hours of operation shall be limited to 6:00am-l 0:00pm, in accordance with the Development Agreement. 1.5 Water service to this lot is inaccurately depicted on the site plan. 1.6 Relocate dumpster to southerly side of propeliy to lessen impact of noise on adjacent residential property. 1.7 Ensure tenants shall include industrial uses, as utilization of the building for only office uses is prohibited in the I-L zone. Staff shall monitor these uses. 1.8 Down-shield or otherwise alter all exterior lighting, whether attached to the building or located within the parking lot, so that the light does not spill over onto adjacent properties or rights-of-way. All parking lot lighting shall be in accordance with Ordinance 11-13-4C. 1.9 Provide signage in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. All signage is subject to design review and shall require separate permits. Temporary or portable signs shall be prohibited, and shall be removed upon three (3) days notice to the Applicant. 1.10 Building and site improvement construction shall confonn to the requirements of the Americans with Disabilities Act. 1.11 Submit a drainage plan designed by a State of Idaho licensed architect or engineer to the City Engineer (Ord. 557,10-1-91) for all off-street parking areas. Storm water treatment and disposal must be designed in accordance with Depmiment of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the ORDER CONDITIONAL USE PERMIT (CUP-02-017) -2 jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 1.12 Trash: The trash enclosure shall be enclosed on at least three (3) sides by a solid wall or sight-obscuring fence at least four (4) feet in height in accordance with Ordinance 11-12-1C. Coordinate location and construction requirements with Sanitary Services, Inc. 1.13 Certificate of Occupancy: All required improvements shall be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid shall accompany any request for temporary occupancy. Any temporary occupancy shall not exceed 60 days to complete the required improvements. 1.14 A Certificate of Zoning Compliance and a building pennit shall be obtained prior to the stmi of construction. 1.15 This Conditional Use Permit shall be valid for a maximum period of 18 months. If construction has not begun within this timeframe, a new Conditional Use Permit shall be obtained prior to the start of development. Adopt the Recommendations of the Meridian Fire Department as follows: 1.16 Provide a fire-flow as required by the 1997 Uniform Fire Code Appendix III-A. Please show all proximity hydrants within 500' of the project on the resubmitted plat. 1.17 All entrances and internal roads shall have corners with a minimum of a 28' inside radius and 48' outside radius. 1.18 The proposed buildings and uses shall comply with the 1997 Uniform Fire Code. 1.19 Acceptance of water supply for fire protection is contingent upon acceptance of the water system by the City of Meridian for water quality. 1.20 Final approval of fire hydrant locations shaU be by the Fire Department. ORDER CONDITIONAL USE PERMIT (CUP-02-017) -3 ( 1.21 The roadways shall be built to Ada County Highway Standards and shall have a clear driving surface, which is 20' wide. Any building more than 30' in height shall have a 26' wide access road to provide for aerial truck operations. 1.22 All building uses and occupancies will have to meet the separation requirements of the Unifonn Building Code. Adopt the Recommendation of the Central District Health Department as follows: 1.23 It is recommended that storm water be pre-treated through a grassy swale prior to discharge to the subsurface to prevent impact to ground water and surface water quality. The engineers and architects involved with the design of this project should obtain current best management practices for storm water disposal and design a storm water management system that is preventing groundwater and surface water degradation. Adopt the Recommendation of the Sanitary Service as follows: 1.24 This facility will generate approximately 1 'is. to 2 cubic yards of waste per day. Enclosure location and access is good. Please provide 10' minimum inside of the gate posts. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. Notice to Permit Holder, this conditional use permit is not transferable without complying with the provisions of Meridian City Code 9 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 ~L-~JT C/ 2o-fL- day of ,2002. D. Con-ie, Mayor City of Meridian ORDER CONDITIONAL USE PERMIT (CUP-02-017) -4 ( Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. By:JI~~~ y,. City Clerk Dated: $-Z3-tJ2- ~ ... ~ ~ Z:\ Work\M\Mcridiall\Mcridian 15360M\Falash Ross COllsl1'llction CUP02.0 16 CUP02.0 17\OrderCUP02-0 f 7.doc ORDER CONDITIONAL USE PERM:IT (CUP-02-017) -5 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 08/06/02 IN THE MATTER OF THE ) REQUEST FOR CONDITIONAL ) USE PERMIT FOR ) CONSTRUCTION OF AN ) OFFICE/WAREHOUSE BUILDING ) IN AN I-L ZONE, LOCATED AT ISO ) S. ADKINS WAY, LOT 5 BLOCK 2, ) MEDIMONT SUBDIVISION, ) MERIDIAN, IDAHO ) ) F ALASH & ROSS ) CONSTRUCTION, INC., ) ) APPLICANT ) Case No. CUP-02-016 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 August 6, 2002 at the hour of 6:30 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Brad Hawkins-Clark of the Planning and Zoning Depmiment, Brad Watson of the Public Works Department, Michael Falash, and Bernie Robertson, appeared and testified, and the City Council having duly considered the evidence and the record in this matter and the Recommendations to City Council issued by the Planning and Zoning Commission who conducted a public hearing and the Council having heard and taken oral and written testimony, and having duly considered the matter, the City Council hereby makes the following Findings of Fact, Conclusions of Law and Decision and Order to-wit: FINDINGS OF FACT 1. A notice of a public hearing on the conditional use permit was published for two FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 1 (2) consecutive weeks prior to the said public hearing scheduled for August 6, 2002, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers ofrecord within three hundred feet (300') of the extemal boundaries of the propeliy under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said bearing 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 August 6, 2002, public hearings; and the applicant, affected property owners, and goveml11ent 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 with all notice and hearing requirements set fOlih in Idaho Code S67-6509, 6512, and Meridian City Code SS 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. This proposed development request is in an I-L zone and by reason ofthe provisions of the Meridian City Code S 11-17-4, a public hearing was required before the City Council on this application. 4. The propeliy is located at 150 S. Adkins Way, Lot 5 Block 2, Medimont Subdivision, Meridian, Idaho. 5. The owner ofrecord ofthe subject property is Falash & Ross Construction, Inc., 149 S. Adkins Ste. 101, Meridian, Idaho. 6. Applicant is owner of record. 7. The subject propeliy is cun-ently zoned I-L. The zoning district ofI-L is defined FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 2 within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. 8. The proposed application requests a conditional use permit for construction of a multi-tenant flex space (office/warehouse). The I-L zoning designation within the City of Meridian Zoning and Development Ordinance requires a conditional use permit be obtained for most uses including those requested by the Applicant. (Meridian City Zoning and Development Ordinance, Section 11-8-1). 9. The Meridian City Council recognizes that the proposed application is in compliance with the Meridian Comprehensive Plan. 10. The use proposed within the subject application will in fact, constitute a conditional use as determined by City Ordinance. I] . The City Council recognizes the concerns of Mr. Jim Witherell expressed in his letters dated July 3, 2002 and August 3,2002. 12. 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. 13. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed and the following is also found to be required to mitigate the effects of the proposed use and development upon services delivered by political subdivisions providing services to the subject real property within the planning jurisdiction of the City of Meridian, subject to the following: FINDINGS OF FACT AND CONCLUSIONS OF LA WAND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 3 Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1.1 All parking and areas of circulation shaH be improved with a hard surface in accordance with Meridian City Code 11-13-4.D. 1.2 Submit a detailed landscape plan when applying for Celiificate of Zoning compliance. 1.3 Hours of operation shall be limited to 6:00am-l 0:00pm, in accordance with the Development Agreement. 1.4 Extend southerly planting strip eastward to the front setback of the building. 1.5 Ensure tenants will include industrial uses, as utilization of the building for only office uses is prohibited in the I-L zone. Staff shall monitor these uses. 1.6 Down-shield or otherwise alter all exterior lighting, whether attached to the building or located within the parking lot, so that the light does not spill over onto adjacent propeliies or rights-of-way. All parking lot lighting shall be in accordance with Ordinance 11-13-4C. 1.7 Provide signage in accordance with the standards set fOlih in section 11-14 ofthe City Zoning and Development Ordinance. All signage is subject to design review and shall require separate permits. Temporary or portable signs shall be prohibited, and shall be removed upon three (3) days notice to the Applicant. 1.8 Building and site improvement construction shall conform to the requirements of the Americans with Disabilities Act. 1.9 Submit a drainage plan designed by a State ofIdaho licensed architect or engineer to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 1.10 Trash: The trash enclosure shall be enclosed on at least three (3) sides by a solid wall or sight-obscuring fence at least four (4) feet in height in accordance with Ordinance 11-12-1 C. Coordinate location and construction requirements with Sanitary Services, Inc. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 4 1.11 Certificate of Occupancy: All required improvements shall be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the fonn of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid shall accompany any request for temporary occupancy. Any temporary occupancy shall not exceed 60 days to complete the required improvements. 1.12 A Certificate of Zoning Compliance and a building pennit shall be obtained prior to the start of construction. 1.13 This Conditional Use Permit shall be valid for a maximum period of 18 months. If construction has not begun within this timeframe, a new Conditional Use Permit shall be obtained prior to the start of development. Adopt the Recommendations of the Meridian Fire Department as follows: 1.14 Provide a fire-flow as required by the 1997 Uniform Fire Code Appendix III-A. Please show all proximity hydrants within 500' of the project on the resubmitted plat. [.] 5 All entrances and internal roads shall have corners with a minimum of a 28' inside radius and 48' outside radius. 1.16 The proposed bu i1dings and uses shall comply with the 1997 Uniform Fire Code. l.l7 Acceptance of water supply for fire protection is contingent upon acceptance of the water system by the City of Meridian for water quality. 1.18 Final approval of fire hydrant locations shall be by the Fire Department. 1.19 The roadways shall be built to Ada County Highway Standards and shall have a clear driving surface, which is 20' wide. Any building more than 30' in height shall have a 26' wide access road to provide for aerial truck operations. 1.20 All building uses and occupancies will have to meet the separation requirements of the Uniform Building Code. Adopt the Recommendation of the Central District Health Department as follows: ].21 It is recommended that storm water be pre-treated through a grassy swale prior to discharge to the subsurface to prevent impact to ground water and surface water quality. The engineers and architects involved with the design of this project should obtain current best management practices for stonn water disposal and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 5 design a storm water management system that is preventing groundwater and surface water degradation. Adopt the Recommendation of the Sanitary Service as follows: 1.22 This facility will generate approximately 1 Yz to 2 cubic yards of waste per day. Enclosure location and access is good. Please provide 10' minimum inside of the gate posts. Additionally, comply with the action of the City Council from their meeting held on August 6, 2002 as follows: 1.23 The applicant shall slat the existing barrier fence along the eastern boundary only, if agreed upon by John Barnes who originally annexed and zoned the property, otherwise another solution shall have to be met between the applicant and adjacent neighbors. 1.24 For clarification to the outside lighting, the applicant has agreed that he will not put any lighting on the east side ofthe building, and shall follow the zoning requirements and/or city ordinance requirements pertaining to outside lighting, as well as condition 1.6 above. 14. It is found that the site is large enough to accommodate the required parking, landscaping, yards and other features required by the Zoning Ordinance. 15. The current Comprehensive Plan Land Use Map designates the propeliy as Mixed Planned Use Development. It is found that the development plan and proposed uses to be in compliance with the Meridian Zoning Ordinance and the current Comprehensive Plan. 16. It is found that the proposed office/warehouse uses will be compatible with other uses in the general neighborhood and with the intended character of the general vicinity, which is an industrial business park 17. It is not anticipated that the proposed uses will have an adverse affect on the other property in the vicinity if designed, constructed, operated and maintained in accordance with the terms of the development agreement and all city ordinances. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 6 18. It is found that the proposed development will be adequately served by the essential public facilities and services listed above. 19. It is found that the proposed use would not create additional requirements at public cost for public facilities and service and will not be detrimental to the economic welfare ofthe community. 20. It is not anticipated that the proposed use will be detrimental to the general welfare of the community by means of increased traffic, noise, smoke fumes, glare or odors generated by the uses. Relocation ofthe proposed dumpster to the northerly side ofthe property and limiting street sweeping activities will alleviate some noise problems that may occur. 21. It is found that the proposed use will not create significant interference with any traffic on the surrounding public streets. 22. It is found that no natural or scenic feature will be lost, damaged or destroyed by issuance of this conditional use. 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 (LC. S67-6503). 2. The Meridian City Council may exercise all the powers required and authorized under the" Act" except the power to adopt ordinances by the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho Code Section 67-6504 which the City Council of the City of Meridian has established by the passage of the "City of Meridian Zoning and Development Ordinance" at Titles XI and XII, Chapter I, Meridian City Code. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 7 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 the evidential showing SllPPOlts the finding that the following standards are met and that the proposed development: (Meridian City Code ~ 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 with other uses in the general neighborhood and with the existing or intended character ofthe general vicinity and that such use will not adversely change the essential character of the same area; d. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the 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 conditionalllse shall be able to provide adequately any such services; f. That the proposed use will not create excessive additional cost for public facilities and services and will not be detrimental to the economic welfare of the community; g. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; h. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create interference with traffic on sUlTounding public streets; and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 8 i. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. 5. Prior to granting a conditional use permit in the Light Industrial District (I-L), a public hearing shall be conducted with notice to be published and provided to propeliy owners or purchasers of record within three hundred feet (300') of the external boundaries of the land under consideration for the conditional use pennit all in accordance with the provisions of Meridian City Code S 11-17-5 City of Meridian Zoning and Development Ordinance, which provides as follows: "Prior to approving a Conditional Use Permit, the applicant and the Commission and Council shall follow notice and hearing procedures provided in Chapter 15 of this Title. Provided, however, that conditional use applications for land in Old Town and in industrial and commercial districts shall only be required to have one public hearing which shall be held before the Planning and Zoning Commission; and after the recommendation of the Commission is made, the application shall go before the City Council without a public hearing and the Council may approve, deny, or modify the recommendation of the Commission." 6. Following the public hearing and within 45 days after the conclusion of the public hearing the Commission shall, transmit its recommendations to the Meridian City Council with supportive reasons. The Commission shall recommend that the application be approved, approved with conditions or denied. The Commission shall ensure that any approval or approval with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City Code S 11-17-6) 7. When the City Council approves a conditional use pemlit it may impose conditions of that approval that reasonably: A. Minimize adverse impact 011 other development; B. Control the sequence and timing of development; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 9 C. Control the duration of development; D. Assure that the development is maintained propeliy; E. Designate the exact location and nature of the development; F. Require the provision for on-site public facilities or services; and G. Require more restrictive standards than those generally required, in this Ordinance. 8. The City of Meridian has, by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 21, 1993, Ord. 629, January 4, 1994 and Maps. DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does Order that: 1. That the above named applicant is granted a conditional use permit for constmction ofa multi-tenant flex space (office/warehouse) in an I-L zone located at 150 S. Adkins Way, Lot 5 Block 2, Medimont Subdivision, Meridian, Idaho, subject to the following conditions of use and development, subject to the following: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1.1 All parking and areas of circulation shall be improved with a hard surface in accordance with Meridian City Code 11-13-4.D. L.2 Submit a detailed landscape plan when applying for Certificate of Zoning compliance. 1.3 Hours of operation shall be limited to 6:00am-1O:OOpm, in accordance with the Development Agreement. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 10 1.4 Extend southerly planting strip eastward to the front setback of the building. 1.5 Ensure tenants will include industrial uses, as utilization of the building for only office uses is prohibited in the I-L zone. Staff shall monitor these uses. 1.6 Down-shield or othelwise alter all exterior lighting, whether attached to the building or located within the parking lot, so that the light does not spill over onto adjacent properties or rights-of-way. All parking lot lighting shall be in accordance with Ordinance 11-13-4C. 1. 7 Provide signage in accordance with the standards set forth in section 11-14 of the City Zoning and Development Ordinance. All signageis subject to design review and shall require separate permits. Temporary or portable signs shall be prohibited, and shall be removed upon three (3) days notice to the Applicant. 1.8 Building and site improvement construction shall conform to the requirements of the Americans with Disabilities Act. 1.9 Submit a drainage plan designed by a State ofldaho licensed architect or engineer to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Depmiment of Water Resources regarding Shallow Injection Wells. 1.IOTrash: The trash enclosure shall be enclosed on at least three (3) sides by a solid wall or sight-obscuring fence at least four (4) feet in height in accordance with Ordinance 11-12-1 C. Coordinate location and construction requirements with Sanitary Services, Inc. 1.11 Certificate of Occupancy: All required improvements shall be complete prior to obtaining a Certificate of Occupancy for the proposed development. A tempormy Certificate of Occupancy may be obtained by providing surety to the City in the form of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid shall accompany any request for temporary occupancy. Any temporary occupancy shall not exceed 60 days to complete the required improvements. 1.12A Certificate of Zoning Compliance and a building permit shall be obtained prior to the start of construction. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 11 l.13This Conditional Use Permit shall be valid for a maximum period of 18 months. If construction has not begun within this timeframe, a new Conditional Use Permit shall be obtained prior to the start of development. Adopt the Recommendations of the Meridian Fire Department as follows: 1. 14Provide a fire-flow as required by the 1997 Uniform Fire Code Appendix III-A. Please show all proximity hydrants within 500' of the project on the resubmitted plat. 1.15All entrances and internal roads shall have corners with a minimum of a 28' inside radius and 48' outside radius. l.I6The proposed buildings and uses shall comply with the 1997 Uniform Fire Code. I.17 Acceptance of water supply for fire protection is contingent upon acceptance of the water system by the City of Meridian for water quality. 1.18Final approval of fire hydrant locations shall be by the Fire Depatiment. 1.I9The roadways shall be built to Ada County Highway Standards and shall have a clear driving surface, which is 20' wide. Any building more than 30' in height shall have a 26' wide access road to provide for aerial truck operations. 1.20All building uses and occupancies will have to meet the separation requirements of the UnifOlm Building Code. Adopt the Recommendation of the Central District Health Department as follows: 1.21 It is recommended that storm water be pre-treated through a grassy swale prior to discharge to the subsurface to prevent impact to ground water and surface water quality. The engineers and architects involved with the design of this project should obtain current best management practices for storm water disposal and design a storm water management system that is preventing groundwater and surface water degradation. Adopt the Recommendation of the Sanitary Service as follows: 1.22This facility will generate approximately 1 12 to 2 cubic yards of waste per day. Enclosure location and access is good. Please provide 10' minimum inside of the gate posts. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT -12 Additionally, comply with the action of the City Council from their meeting held on August 6, 2002 as follows: 1.23 The applicant shall slat the existing barrier fence along the eastern boundary only, if agreed upon by John Barnes who originally annexed and zoned the property, otherwise another solution shall have to be met between the applicant and adjacent neighbors. 1.24 For clarification to the outside lighting, the applicant has agreed that he will not put any lighting on the east side of the building, and shall follow the zoning requirements and/or city ordinance requirements pertaining to outside lighting, as well as condition 1.6 above. 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 In accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code S 67 -6521 an affected person being a person who has an interest in real propelty which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 13 By action ofthe City Council at its regular meeting held on the ""D if}: .?- day of M~Ji- ,2002. ROLL CALL: COUNCILMAN KEITH BIRD VOTED~CX- COUNCIL WOMAN TAMMY de WEERD VOTED~ VOTED*CV VOTED$tL. COUNCILWOMAN CHERIE Mc CANDLESS COUNCILMAN WILLIAM L.M. NARY MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED - DATED: 8-2-0-02- MOTION: ~ ~ APPROVED U DISAPPROVED: Copy served upon Applicant, Planning and Zoning Department, Public Works Depmiment and the City Attorney. ull11llll1 \\\\\ III11 ",\\\-{ Of MEltIt..;",.... ~\c}::\ '4-....., ........ ~ ~w< $ .Ro~o~ 1;;-;.. i/ ~ By:~4~.W ~ Da~d fkJ3~02- City Clerk ~ SEA\L g -;;." &/ ~ ~ <t.(, ,OJ / ('" .~ ~ 70 t' ~11(~~' ~ ~~r .~<,J $ Z:\ Work\M\M eridian\Merid ian 15360M\Falash Ross ConstruG1kln;qUR02::W6-C-t.rP02;f)1n\F-!tIsCU P02.0 16.doc 'i..; l.'OUr F'f \" \", {{;It \" '. \\,\' fJlIilti hP~p\ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 14 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 08/06/02 IN THE MATTER OF THE ) REQUEST FOR CONDITIONAL ) USE PERMIT FOR ) CONSTRUCTION OF AN ) OFFICE/WAREHOUSE BUILDING ) IN AN I-L ZONE, LOCATED AT 150 ) S. ADKINS WAY, LOT 5 BLOCK 2, ) MEDIMONT SUBDIVISION, ) MERIDIAN, IDAHO ) ) F ALASH & ROSS ) CONSTRUCTION, INC. ) ) APPLICANT ) ) Case No. CUP-02-016 ORDER GRANTING CONDITIONAL USE PERMIT 1. This matter coming before the City Council on the August 6, 2002, under the provisions of Meridian City Code g 11-] 7-4 for final action on conditional use permit application and the Council having received and approving the Recommendation of the Planning and Zoning Commission the Council takes the following action: 2. That the above named applicant is granted a conditional use permit to in an I-L zone located at 150 S. Adkins Way, Lot 5 Block 2, Medimont Subdivision, Meridian, Idaho, subject to the following conditions of use and development Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1.1 All parking and areas of circulation shall be improved with a hard surface in accordance with Meridian City Code 11-13-4.D. ORDER CONDITIONAL USE PERMIT (CUP-02-016) - 1 1.2 Submit a detailed landscape plan when applying for Certificate of Zoning compliance. 1.3 Hours of operation shall be limited to 6:00am-1O:00pm, in accordance with the Development Agreement. 1.4 Extend southerly planting strip eastward to the front setback of the building. 1.5 Ensure tenants will include industrial uses, as utilization of the building for only office uses is prohibited in the I-L zone. Staff shall monitor these uses. 1.6 Down-shield or otherwise alter all exterior lighting, whether attached to the building or located within the parking lot, so that the light does not spill over onto adjacent propeliies or rights-of-way. All parking lot lighting shall be in accordance with Ordinance 11-13-4C. 1.7 Provide signage in accordance with the standards set forth in section 11-14 of the City Zoning and Development Ordinance. All signage is subject to design review and shall require separate permits. Temporary or portable signs shall be prohibited, and shall be removed upon three (3) days notice to the Applicant. 1.8 Building and site improvement construction shall conform to the requirements of the Americans with Disabilities Act. 1.9 Submit a drainage plan designed by a State of Idaho licensed architect or engineer to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 1.10 Trash: The trash enclosure shall be enclosed on at least three (3) sides by a solid wall or sight-obscuring fence at least four (4) feet in height in accordance with Ordinance 11-12-1 C. Coordinate location and constmction requirements with Sanitary Services, Inc. 1.11 Certificate of Occupancy: All required improvements shall be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Celiificate of Occupancy may be obtained by providing surety to the City in the ORDER CONDITIONAL USE PERMIT (CUP-02-016) -2 form of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid shall accompany any request for temporary occupancy. Any temporary occupancy shall not exceed 60 days to complete the required improvements. 1.12 A Certificate of Zoning Compliance and a building permit shall be obtained prior to the start of construction. 1.13 This Conditional Use Pennit shall be valid for a maximum period of 18 months. If construction has not begun within this timeframe, a new Conditional Use Pelmit shall be obtained prior to the start of development. Adopt the Recommendations of the Meridian Fire Department as follows: 1.]4 Provide a fire-How as required by the 1997 Uniform Fire Code Appendix III-A. Please show all proximity hydrants within 500' of the project on the resubmitted plat. I. 15 AI [ entrances and internal roads shall have corners with a minimum of a 28' inside radius and 48' outside radius. 1.16 The proposed buildings and uses shall comply with the 1997 Unifornl Fire Code. 1.17 Acceptance of water supply for fire protection is contingent upon acceptance of the water system by the City ofMeridial1 for water quality. 1.18 Pinal approval of fire hydrant locations shall be by the Fire Department. 1.19 The roadways shall be built to Ada County Highway Standards and shall have a clear driving surface, which is 20' wide. Any building more than 30' in height shall have a 26' wide access road to provide for aerial truck operations. 1.20 All building uses and occupancies will have to meet the separation requirements of the Unifonn Building Code. Adopt the Recommendation of the Central District Health Department as follows: 1.21 It is recommended that stornl water be pre-treated through a grassy swa]e prior to discharge to the subsurface to prevent impact to ground water and surface water quality. The engineers and architects involved with the design of this project should obtain current best management practices for storm water disposal and design a storm water management system that is preventing groundwater and surface water degradation. ORDER CONDITIONAL USE PERMIT (CUP-02-016) -3 Adopt the Recommendation of the Sanitary Service as follows: 1.22 This facility will generate approximately 1 Y2 to 2 cubic yards of waste per day. Enclosure location and access is good. Please provide 10' minimum inside of the gate posts. Additionally, comply with the action of the City Council from their meeting held on August 6, 2002 as follows: 1.23 The applicant shall slat the existing ban'ier fence along the eastem boundary only, if agreed upon by John Barnes who originally annexed and zoned the property, otherwise another solution shall have to be met between the applicant and adjacent neighbors. 1.24 For clarification to the outside lighting, the applicant has agreed that he will not put any lighting on the east side of the building, and shall follow the zoning requirements and/or city ordinance requirements pertaining to outside lighting, as well as condition 1.6 above. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. Notice to Permit Holder, this conditional use permit is not transferable without complying with the provisions of Meridian City Code S 11-17-8, a copy of which is attached to this permit. By action ofthe City Council at its regular meeting held on the 2crt1z- day of ~di:- ,2002. ORDER CONDITIONAL USE PERMIT (CUP-02-016) -4 Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. \\\\IlIlfIlU/fl ,\\ 1.& III ,',\,'..... Of WiEIl/flllllll ,,~.. ~ 'l $' 0 cp'f'..POF?4l';. ~ ~ ff,- Z 5 ..-tJ 2- f ~ ~o \ ,. SEAL ~ 7c, b'_ ~ Q "OJ 0 .;:, ~ 7'/\ u:Yr .~\, .~ $/ .-;.. Vd1 ~...... :'<..' ;;: "'-:'-.-;, ~7 C _ \'V"?' ,..",,'< Z:\Work\M\Mcridian\Meridian I 5360M\Falash Ross Construction CUP02.0 16 CUP02.0 17\OrderCUP02.0 16.doc /11111 OUN l'{. \ \\\~ Iltu;~r~ ~.\~~,\\\ BY~~~9 Ity Clerk ~ Dated: ORDER CONDITIONAL USE PERl\fIT (CUP-02-016) -5 RECORDED-REQUF r-r:.;\ Cn!J~TY R::COROER 2L- ''1 . \ I' -~. . I ^' J \ ~, . ..... Q(J .J. ~:: ..,~; ":~"':"~,:'-.J D'"'l ~ FEE OEPUTY Z;;2~YZ-~fJ.ll 9: 13 ~ I 020 'j 8 I 30 MERIDIAN CITY DEVELOPMENT AGREEMENT PARTIES: 1, 2. City of Meridian Saint Alphonsus Regional Medical Center THIS DEVELOPtvlENT AGREErvlENT (this "Agreement"), is made and entered into this 25th day of July , 2oQi~ by and between crTY OF MERIDiAN, a municipal corporation of the State of Idaho, hereafter called "CITY", and SAINT ALPHONSUS REGIONAL Iv[EDICAL CENTER, an Idaho nonprofit corporation, hereinafter called "OWNER/DEVELOPER", whose address is 1055 North Curtis Road, Boise, Idaho 83706. 1. RECITALS: L 1 WHEREAS, "Owner/Developer" is the sole ovvner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the "Property"; and 1.2 WHEREAS, LC. S67 -651 lA, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the ovvner or "OwnerlDeveloper" make a written commitment concerning the use or development of the subject "Property"; and '-. 1.3 WHEREAS, "City" has exercised its statutory authority by the enactment of Ordinance 11-15-12 and 11-16-4 A, which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, "Owner/Developer" has submitted an application for annexation and zcming of the "Property"s described in Exhibit A, and has requested a designation of Limited Office District (L-O), (lvleridian City Code Ss 11- 7-2 G); and DEVELOPMENT AGREEMENT (RZ-OO-OI0) - 1 1.5 WHEREAS, "Owner/Developer" made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the iVleridian City Council, as to how the subject "Property" "vill be developed and what improvements will be made; and 1.6 WHEREAS, record of the proceedings for the requested re-zoning designation of the subject "Property" held before the Planning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services vvithin the City of lvleridian planning jurisdiction, and received further testimony and comment; and 1001 1.7 WHEREAS, City Council, the 6th day of March ,~, has approved certain Findings of Fact and Conclusions of Law and Decision and Order, set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the "Findings"); and 1.8 WHEREAS, both the "Findings" require the "Owner/Developer" to enter into a development agreement before the City Council takes final action on re-zoning designation; and 1.9 "DEVELOPER" deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and requests; and '. 1.10 WHEREAS, "City" requires the "Owner/Developer" to enter into a development agreement for the purpose of ensuring that the "Property" is developed and the subsequent use of the "Property" .is in accordance vvith the terms and conditions of this development agreement, herein being established as a result of evidence received by the "City" in the proceedings for fe-zoning designation DEVELOPMENT AGREEMENT (RZ-OO-OI0) - 2 from government subdivisions providing services 'within the planning jurisdiction and from affected property ovmers and to ensure re-zoning designation is in accordance 'With the Comprehensive Plan of the City of iYleridian adopted December 21, 1993, Ordinance #629, January 4, 1994, and the Zoning and Development Ordinances codified in Meridian City Code Title 11 and Title 12. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set fonh in full. 3. DEFINITIONS: For all purposes of this Agreement the follovving words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 "CITY": means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. ...... 3.2 "DEVELOPER"/'OVVNER": means and refers to SAINT ALPHONSUS REGIONAL MEDICAL CENTER, an Idaho nonprofit corporation, whose address is 1055 Now Curtis Road, Boise, Idaho 83706, the party developing and ovvning said "Property" and shall include any subsequent owner(s)/developer(s) of the "Property". 3.3 "PROPERTY"; means and refers to that certain parcel(s) of "Property" located in the County of Ada, City of Meridian as described in Exhibit "A", attached hereto and by this reference incorporated herein as if set forth at length. DEVELOPMENT AGREEMENT (RZ-OO-OIO) -3 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under "City"'s Zoning Ordinance codified at Meridian City Code Sections 11.7-2 G which are herein specified as follows: (L-O) Limited Office District: The purpose of the i-O District is to permit the establishment of groupings of professional, research, executive, administrative, accounting, clerical, stenographic, public service and similar uses. Research uses shall not involve heavy testing operations of any kind or product manufacturing of such a nature to create noise, vibration or emissions of a nature offensive to the overall purpose of this District. The L.O District is designed to act as a buffer between other more intense nonresidential uses and high density residential uses, and is thus a transitional use. Connection to the Municipal water and sewer system of the City is a requirement in this District. With the further restriction that all uses and development of the subject real property shall be governed under the conditional use permit process as a planned development. For the constnlction and development of an ambulatory care cen ter. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. " 5. DEVELOPMENT IN CONDITIONAL USE: "Developer"/"Ovvner" have submitted to "City" an application for conditional use permit, and shall be required to obtain the "City"'s approval thereof, in accordance to the City's Zoning & Development Ordinance criteria, therein, DEVELOPMENT AGREEMENT (RZ-00-OI0) -4 provided, prior to, and as a condition of, the commencement of construction of any buildings or improvements on the "Propeny" that require a conditional use permit. 6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 6.A "Developer"rOVif11er" shall enter into a Development Agreement, that provides in the event the conditions therein are not met by the Developer that the propeny shall be subject to de~annexation and rezoning, vvith the City of Meridian which provides for the follO'wing conditions of development to-Mt: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 6.1 The following conditions pertain to the proposed bank site: " a. The bank parcel, as configured, has been shovvn for conceptual approval within the context of the proposed rezone. If there are significant modifications, as determined by staff, at the time a specific bank and site configuration are determined, such modifications shall require application for a modification of the current CUPIPUD application. As a modification, the banle parcel shall be reviewed on its ovm merit and either approved or denied - 'Without jeopardizing or compromising the approval of the current CUP/PUD application for Saint Alphonsus Medical Office Building. Significant modifications shall include, but not be limited to, expansion of the total building square footage, addition of any drive~thru aisles, change in building height (e.g. anything above single story), ete. Additionally, in the event a bank project does not materialize, then applicant shall be allowed to DEVELOPMENT AGREEMENT (RZ-OO-OIO) - 5 develop any other principally allowed L~O use on that parcel, subject to staffs review and approval. If the nature of such a development were determined by staff to exceed the conceptual intent of the current CUP/PUD, then that change would also be require a modification as noted above. To clarify, any such modification shall be reviewed on its O\VIl merit. To clarify, the bank parcel is conceptual at this point. Any future development or action on this parcel is intended to be independent of the current application and approvals, specifically the ambulatory care/medical office building portion. The bank parcel, in no way, shall jeopardize the ability to proceed with the balance of the development. b. The construction materials for the proposed bank must include metal roofing and either brick or brick veneer. The material color palette presented are conceptual at this time. Applicant has freedom to modify colors in the future, subject to staffs review. c, All required parking stalls and landscaping must be located within the boundaries of.the future bank parcel. As proposed, the row of nine (9) stalls along the east boundary Df the bank parcel have no access to the bank. Applicant has updated the Master Site Development Plan providing an access point through the landscape berm along the east property line of the bank parcel to allow more direct access from these (9) parking stalls to the bank. -", c 6.2 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 9A-8. Wells DEVELOPMENT AGREEMENT (RZ-OO-OI0) .6 may be used for non-domestic purposes such as landscape irrigation. 6.3 Off street parking shall be provided in accordance with the city of i'vleridian ordinance 11-13 for use of undeveloped lots. 6.4 Outside lighting shall be designed and placed in accordance with Citv Ordinance Sections 11-13A.C. and 12~5-2.M. .I 6.5 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 6.6 .All signage shall be in accordance with the standards set forth in Section 11-14 of the City of Meridian Zoning and Development Ordinance. No temporary signage, nags, banners or flashing signs will be permitted. 6.7 Provide five-foot-wide sidewalks in accordance with City Ordinance Section 12-5-2.K. 6.8 All construction shall conform to the requirements of the Americans with Disabilities Act. Adopt the Recommendations of the Ada County Highway District as follows: ....., 6.9 Construct a 30 to 35-foot wide right-in/right-out driveway on Ten Mile Road located approximately 220-feet south of the signalized intersection at Cherry Lane as proposed. Construct a six~inch raised median in the center of Ten Mile Road, from a point lO-feet south of the stop bar at the intersection to a point approximately 40-feet south of the southern edge of driveway. The median shall be constructed to NOT restrict the existing driveways on Ten DEVELOPMENT AGREEMENT (RZ-OO-O 10) -7 / lvlile Road. Coordinate the design and location of the median with District staff. Submit a design of the median to the District's Traffic Service's Supervisor for review and a letter of approvaL 6.10 Construct a 30 to 3S-foot wide right-in/right-out driveway on Cherry Lane located approximately 230-feet east of the signalized intersection at Ten Mile Road as proposed. Construct an on-site median to restrict the driveway to right-in/right-out operations. Submit a design of the median to the District's Traffic Service's Supervisor for review and a letter of approval. Sign the driveway for right turn movements. The applicant may construct this driveway a maximum width of 40-feet to accommodate the on-site median. 6.11 Construct a 46-foot wide driveway on Cherry Lane located to align or offset a minimum of ISO-feet from any existing or proposed driveways. Submit a site plan that indicates existing driveway locations on the nonh side of Cherry Lane to verify that the proposed driveway meets District policy. The eastern most driveway on Cherry Lane shall be shifted approximately 60 feet to the east to accommodate this policy. The revised Master Site Development Plan reflects this change. An island is required within the driveway and should be constructed a minimum of 4-feet wide and located outside of the public right-oE-way. '" 6.12 Construct a 30 to 3S-foot wide driveway on Cherry Lane located to align or offset a minimum of ISO-feet from any existing or proposed driveways. Submit a site plan that indicates existing driveway locations on the north side of Cherry Lane to verify that the proposed driveway meets District policy. 6.13 Pave all of the driveways their full width and at least 30- feet into the site beyond the edge of pavement with 15- foot curb radii. DEVELOPMENT AGREEMENT (RZ-OO-OlO) - 8 6.14 Replace any unused curb cuts on Ten iVIile Road or Cherry Lane 'with standard curb, gutter and concrete sidewalk to match existing improvements. 6.15 Replace any damaged curb, gutter and/or sidewalk on Cherry Lane or Ten iVIile Road vvith new curb, gutter and/or concrete sidewalk to match existing improvements. Segments to be replaced shall be determined by ACHD Construction Services staff. 6.16 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. 6.17 Other than the access points specifically approved vvith this application, direct lot or parcel access to Ten Mile Road or Cherry Lane is prohibited. Adopt the additional action of the Council from their February 20, 200 I, meeting by incorporating the Applicant's letter of 02/12/01 as follows; 6.18 Penaining to the site lighting, the applicant shall comply "vith the ordinance requirements, and specifically, the site lighting shall be designed so that light does not directly reflect or spill over into adjacent residential districts, that the site lighting arrangement shall be approved by the City Engineer and that applicant comply "vith the listed site lighting standards. _A Conceptual Site Lighting Plan has been submitted to show the proposed site lighting arrangement, light levels and fL'ITure types, and is on file with the City Clerk's office. "'. , 6.19 The "Hours of Business Operation" shall be defined as "Hours during which the facility is actually open for business and patients are on the premises being seen or treated." Additionally, to clarify facility maintenance, before or after hours staff preparation or other similar activities occurring when the facility is not open for DEVELOPMENT AGREEMENT (RZ-OO-OIO) -9 business are not subject to "Hours of Business Operation" restrictions . 7. COMPLIANCE PERIOD/ CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of the "Developer"/" Owner " or "Developer'''s/''Ovvner's'' heirs, successors, assigns, to comply with Section 6 entitled "Conditions Governing Development of subject "Property" of this agreement 'Within two years of the date this Agreement is effective, and after the "City" has complied with the notice and hearing procedures as outlined in LC. 8 67-6509, or any subsequent amendments or recodifications thereof. 8. CONSENT TO DE~ANNEXATION AND REVERSAL OF ZONING DESIGNATION "Developer"/"Owner" consents upon default to the de-annexation and/or a reversal of the zoning designation of the "Property" subject to and conditioned upon the follo'Wing conditions precedent to~\vit: 8.1 That the "City" provide written notice of any failure to comply \vith this Agreement to "Developer"/"Owner" and if the "Developer"/"Owner" fails to cure such failure within six (6) months of such notice. 9. INSPECTION: "Developer"/"Owner" shall, immediately upon completion of any portion or the entirety of said development of the "Property" as required by this agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or ponion thereof in accordance 'With the terms and conditions of this Development Agreement and all other ordinances of the "City" that apply to said Development. " 10. DEFAULT: 10.1 In the event "Developer"/"Owner" , "Developer'''s/''Owner's'' heirs, successors, assigns, or DEVELOPMENT AGREEMENT (RZ-OO-OlO) - 10 subsequent ovvners of the "Propeny" or any other person acquiring an interest in the "Propeny", fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the "Propeny", this Agreement may be modified or terminated by the "City" upon compliance "vith the requirements of the Zoning Ordinance. 10.2 A waiver by "City" of any default by "Developer"/"O\vner" of anv one or more of the covenants or conditions hereof J shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of "City" or apply to any subsequent breach of any such or other covenants and conditions. 11. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at "Developer"'s/"Owner's" cost, and submit proof of such recording to "Developer"/" Owner " " prior to the third reading of the Meridian Zoning Ordinance in connection with the rezoning of the "Propeny" by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection 'Nith the rezoning of the "Property" contemplated hereby, the "City" shall execute and record an appropriate instrument of release of this Agreement. 12. ZONING: "City" shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein. "". 13. REMEDIES: This Agreement shall be enforceable in any coun of competent jurisdiction by either "City" or "Developer"/"Owner", or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 13.1 In the event of a material breach of this Agreement, the . panies agree that "City" and "Developer"/"Owner" shall DEVELOPMENT AGREEMENT (RZ-OO-OI0) -11 have thirty (30) days after delivery of notice of said breach to correct the same prior to the non-breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot vvith diligence be cured "vithin such thiny (30) day period, if the defaulting party shall commence to cure the same vvithin such thiny (30) day period and thereafter shall prosecute the curing of same "vith diligence and continuity, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same "vith diligence and continuity. 13.2 In the event the performance of any covenant to be performed hereunder by either "Developer"/"Ovvner" or "City" is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be e.xtended by the amount of time of such delay. 14, SURETY OF PERFORA1ANCE: The "City" may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code S 12-5-3, to insure that installation of the improvements, which the "Developer" agrees to provide, if required by the "City". ..... , IS. CERTIFICATE OF OCCUPANCY: The "Developer"/"O"vner" agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the "City" and "Developer"/"Owner" have entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the "City". 16. ABIDE BY ALL CITY ORDINANCES: That "Developer"/"Ovvner" agrees to abide by all ordinances of the City of Meridian and the "Property" shall be subject to reversal of the zoning if the ovvner or his DEVELOPMENT AGREEi\1ENT (RZ-OO-OlO) - 12 assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 17. NOTICES: Any notice desired by the panies and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or cenified mail, postage prepaid, return receipt requested, addressed as follows: CITY': OWNER/DEVELOPER: do City Engineer City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 Saint Alphonsus Regional Medical Center 1055 Nonh Curris Road Boise, Idaho 83706 with copy to: Ci ty Clerk City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 17.1 A pany shall have the right to change its address by delivering to the other parry a written notification thereof in accordance with the requirements of this section. "" 18. . ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing parry shall be entitled, in addition to any other relief as may be granted, to coun costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 19, TIME IS OF THE ESSENCE: The parries hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform DEVELOPME1'IT AGREEMENT (RZ-OO-OlO) - 13 any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 20. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including "City"'s corporate authorities and their successors in office. This Agreement shall be binding on the owner of the "Property", each subsequent owner and any other person acquiring an interest in the "Property", Nothing herein shall in any way prevent sale or alienation of the "Property", or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefitted and bound by the conditions and restrictions herein e.."q)ressed. "City" agrees, upon written request of "Developer", to execute appropriate and recordable evidence of termination of this Agreement if "City", in its sole and reasonable discretion, had determined that "Developer" has fully performed its obligations under this Agreement. 21. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 22. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "Owner/Developer" and "City" relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or vvritten, express or implied, between "Owner/Developer" and "City", other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to WIiting and signed by them or their successors in interest or their assigns, and pursuant, with respect to "City", to a duly adopted ordinance or resolution of "City". ...., 22.1 No condition governing the uses and/or conditions governing development of the subject "Property" herein provided for can be modified or amended without the approval of the City Council after the ""City" has DEVELOPMENT AGREEMENT (RZ-OO-O 10) - 14 conducted public hearing(s) in accordance 'With the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 23. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Propeny" and execution of the Mayor and City Clerk. "", , DEVELOPMENT AGREEMENT (RZ-OO-OIO) - 15 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parries have herein executed this agreement and Made it effective as hereinabove provided. SAINT ALPHONSUS REGION.Al MEDICAL CENTER, an Idaho nonprofit corporation BY:~~ Sandra Bruce, President and CEO Attest: Secretary BY RESOLUTION NO. CITY OF MERlDIAN Attest: J~&~9=' City Clerk BY RESOLUTION NO. \\\\111 II II Itlt, \\\\ f M~...~II/I ,,\ ~ 0 n-.r-q,.. III ", ;:<.. "\ vt. '-:- $' c} tu'()l) ~ \f..z,.-::. ~ . ~GO ~'''''''~ ~ ;:: .::r '0 ~ ~ - ~ - - - ~ ~ '. , &' g -;'"'1. 00 ,~o ;:: ~ <) ~.,. IS'"\" ' v:- $ "-/ "'I ^ '-)~ _ ~ ~ \,.; ", ,- ~/, OUNT'{ , ", "/If ." '.11\'\ 'I J h; ~. j.. I ~ l.. DEVELOPMENT AGREEMENT (RZ-OO-OIO) ~ 16 STATE OF IDAHO :ss COUNTY OF ADA On thjs~ay of i!f-~ , in the year 2002, before me, a Notary Public, in and or said St'ate, personally appeared Sandra Bruce and , knovVI1 or identified to me to be the President/CEO and Secretary of Saint Alphonsus Regional Medical Center, an Idaho nonprofit corporation that executed the instrument or the persons who executed the instrument on behalf of said corporation, and acknowledged to me that such corporation executed the same. (SEAL) ~ C<"V\ ~ Q 4~ -~LL L. l Not. Public for Idaho Residi~g ~t: A~ Co~ir- CommIssIOn expIres: 10 cr~('\ .. ae:c:, r- STATE OF IDAHO County of Ada On this :ss ) '2o-th day of Aurzu~ , in the year 2002, before me, a Notary Public, personally appeared Robert D. Corrie and William G. Berg, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. (SEAL) ....... .... __:~L~~~.. · .. TA~~Y~ ,: ,,~ 0 - "-f'\j:....'[.;t. .. ~ I ""Y '':-I'''. . I \ . . . I · . ' I . · \ J · . , . . \ , : .. <S\......;br-1C~' o. :. -lJ.Bl.,.... . +.. ~.,.;,--- <ri"\ . +."4QPlY... ....... 3htVlff?1 ~-f? - Notary Public for Idaho Comn;ission expires: 1../ - Zg- -OS '-. , DEVELOPMENT AGREEMENT (RZ-OO-OIO) - 17 EXHIBIT A Legal Description Of Property A parcel of land located in Section II, Township 3 North, Range 1 West of the Boise Meridian, Ada County, Idaho more particularly described as follows: Commencing at the comer common to Sections 2, 3, 10 and II of Township 3 North, Range 1 West of the Boise Meridian, Ada County, Idaho from which point the North 1/4 corner of said Section 11 bears South 89003'4011 East a distance of 2653.23 feet; thence South 00000'00" West along the westerly boundary line of said Section 11 a distance of 300.00 feet; thence leaving said Section line South 89003'40" East a distance of 45.01 feet to the TRUE POINT OF BEGINNING; thence South 89003'40l! East a distance of 681 .14 feet; thence South 00000'00" West a distance of 274.92 feet; thence South 89020'00l! East a distance of 416.35 feet; thence North 00000'00" East a distance of 522.38 feet to a point on the southerly right-oE-way line of Cherry Lane; thence along said southerly right-of-way line, North 89007'31" West a distance of 1067.02 feet; thence South 44030'4511 West a distance of 43.47 feet to a point on the easterly right-of-way line of Ten Mile Road; thence along said easterly right-of-way line South OOOOO'OOl! West a distance of 216.74 feet to the POINT OF BEGINNING. Said parcel contains 386,613 square feet or 8.88 acres more or less. ...... DEVELOPMENT AGREEMENT (RZ-OO-O 10) - 18 EXHIBIT B Findings of Fact and Conclusions of Law/Conditions of Approval z:\ W ork\M\Meridian\Meridian 15360M\StAls RZO 1 OCUP05 6\DevelopA~forRZ "'-. \ DEVELOP"MENT AGREEMENT (RZ-OO-010) - 19 BEFORE THE CITY COUNCIL OF THE CITY OF MERlDIAN IN THE MATTER OF THE ) REQUEST FOR REZONE OF ) APPROXIIv1ATELY 8.88 ACRES ) FOR PROPOSED ) AIvlBULATORY CARE CENTER, ) LOCATED AT THE ) SOUTHEAST CORNER OF TEN ) MILE ROAD AND CHERRY ) LANE, MERlDIAN, IDAHO ) ) ST. ALPHONSUS REGIONAL ) MEDICAL CENTER, ) APPLICANT ) ) ClC 02~20-0 1 Case No: RZ-OO~OlO FINDINGS OF FACT AND CONCLUSIONS OF LAW, DECISION AND ORDER GRANTING APPLICATION FOR REZONE The above entitled matter on the rezoning application of 8.88 acres having come on for public hearing on February 20, 2001, at the hour of 6:30 o'clock p.m., and Council having received the report of Brad Hawldns-Clark, Planner for the Planning and Zoning Department and Bruce Freckleton, Engineering Technician III, and Shari Stiles, Planning and Zoning Administrator, appeared and testified, and appearing and testifying on behalf of the Applicant were Mike Ondracek, Darrell Fugate, Doug Racine and Wes Smith, and appearing in favor of the application was Dennis Durant, and those appearing in opposition, with comments and/or concerns were Dwayne Lingel, Penny Hanson, Brian IGndell, and Raben Morrision, and the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 8.88 ACRES FROM R-4 TO L-O ST. At'S AMBULATORY CARE CENTER/ (RZ-OO-OlO) - 1 Council having received the record of this matter made before the Planning and Zoning Conunission, and having received their Recommendation to the City Council, and the City Council having duly considered the evidence and the record in this matter therefore makes the follo'wing Findings of Fact and Conclusions of Law, Decision and Order: FINDINGS OF FACT 1. The notice of public hearing on the application for rezoning was published for two (2) consecutive weeks prior to said public hearing scheduled for February 20, 2001, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record vvithin three hundred feet (300') of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing; and that 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 February 20, 200 I, public hearing; 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 8.88 ACRES FROM R.4 TO L-O ST. AL'S AMBU~TORY CARE CENTER I (RZ.OO-OIO) ~2 2. There has been compliance .....vith all notice and hearing requirements set forth in Idaho Code ss 67-6509 and 67-6511, and !vleridian City Code 9& 11-15-5 and 11-16-1. 3. The City Coundl takes judicial notice of its zoning, subdivisions and development ordinances codified at Meridian City Code Title 11 and Title 12, and aU current zoning maps thereof, and the Comprehensive Plan of the City of Meridian ad0pted December 21, 1993, Ordinance No. 629 - January 4, 1994, and maps and the ordinance Establishing the Impact Area Boundary. 4. The property is approximately 8.88 acres in size. The property is generally located at the southeast corner of Ten Mile Road and Cherry Lane, Meridian, Idaho, and is described as follows: A parcel of land located in Section II, Township 3 North, Range 1 West of the Boise Meridian. Ada County. Idaho more particularly described as follows: Commencing at the corner common to Sections 2, 3, 10 and 11 of Township 3 North, Range I West of the Boise Meridian, Ada County, Idaho from which point the North 1/4 comer of said Section 11 bears South 89003'40" East a distance of 2653.23 feet~ thence South OOOOOIOQIt West along the westerly boundary line of said Section 11 a distance of 300.00 feet; thence le~wing said. Section line South 89003'40" East a distance of 45.01 feet to the TRUE POINT OF BEGINNING; thence South 89003'40" East a ,distance of 681.14 feet; thence South OQooorOOIl West a distance of 274.92 feet; thence South 89020'00'1 East a distance of 416.35 feet; thence North 00000'0011 East a distance of 522.38 feet to a point on the southerly right-oF-way line of Cherry Lane; thence along said southerly right-of~way line, North 89007'31" West a distance of 1067.02 feet; thence South 44030'45" West a distance of 43.47 feet to a point on the easterly right-of-way line of Ten Mile Road; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 8.88 ACRES FROM R-4 TO L.O ST. At'S AMBULATORY CARE CENTER I (HZ-OO-OIO) - 3 thence along said easterly right-of-way line South 0000010011 West a distance of 216.74 feet to the POINT OF BEGINNING. Said parcel contains 386.613 square feet or 8.88 acres more or less. 5. The owner of record of the subject property is St. Alphonsus Regional Medical Center, Boise, Idaho. 6. The Applicant is owner of record. 7. The property is presently zoned as R-4, and is fallow agricultural. 8. The Applicant requests the property be rezoned to L-O. 9. The proposed site is surrounded by a church and residential subdivision to the north. a church and residential subdivision to the south. a residential subdivision to the east and retail uses to the west. 10. The subject property is within city limits of the City of Meridian. 11. The entire parcel of the propeny is included within the Meridian Urban Service Planning Area as defined in the Meridian Comprehensive Plan. 12. The Applicant proposes to develop the st,lbject property in the following manner; construction of an ambulatory care center. 13. The Applicant's requested rezoning of the subject real property as L-O is consistent with the commercial designation on the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Existing Urban. 14. There are no significant or scenic features of major importance FINDINGS OF FACT AND CONCLUSIONS OF !A.W AND DECISION AND ORDER OF APPROVAL OF REZONING OF 8.88 ACRES FROM R-4 TO L-O ST. AL'S AMBULATORY CARE CENTER/ (RZ-OO-OIO) -4 that affect the consideration of this application. 15. In review of the application for rezone it is provided at Meridian City Code S 11-15~1lfor the General Standards that the Commission and Council review this proposed zoning amendment and pursuant to the criteria of said section finds that: 15.1 The new zoning "viU be harmonious with and in accordance .with the Comprehensive Plan~ 15.2 The area included in the zoning amendment is not intended to be rezoned in the future; 15.3 The proposed use vviIl be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area, subject to the conditions of the conditional use process; 15 A The proposed use will not be hazardous or disturbing to existing or future neighboring uses, subject to the conditions of the conditional use process; 15.5 The area .will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed zoning amendment shall be able to provide adequately any of such services; 15.6 The use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; 15.7 The use will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION.AND ORDER OF APPROVAL OF REZONING OF 8.88 ACRES FROM R-4 TO L-O ST. AL'S AMBUIATORY CARE CENTER! (RZ-OO-OIO) -5 excessive production of traffic, noise, smoke, fumes, glare or odorn; - 15.8 The area will have vehicular approaches to the property which shall be so designed as not to create an interference 'with traffic on surrounding public streets; 15.9 The use will not result in the destruction, loss or damage of a natural or scenic feature of major imponance; and 15.10 The proposed zoning will be in the best interest of the City of Meridian. 15.2 Staff conditions provide as follows: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 15.2.1 The Applicant shall be required to enter into a Development Agreement with the City. 15.2.2The following conditions pertaining to the proposed bank site shall be included in the Development Agreement: a. The bank parcel, as configured, has been shown for conceptual approval ,vithin the context of the proposed rezone. If there are significant modifications, as determined by staff, at the time a specific bank and site configuration are determined, such modifications shall require application for a modification of the current CUP/PUD application. As a modification, the bank parcel shall be reviewed on its own merit and either approved or denied without jeopardizing or compromising the approval of the current CUP/PUD application for Saint Alphonsus Medical Office Building. Significant modifications shall include, but not be limited to, expansion of the total building square footage, addition of any drive-thru aisles, change in building height (e.g. anything above single story), etc. FINDINGS OF FACT AND CONCLUSIONS OF lAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 8.88 ACRES FROM R.4 TO L-O ST. AL'S AMBULATORY CARE CENTER/ (RZ.OO-010) - 6 Additionally, in the event a bank project does not materialize, then applicant shall be allowed to develop any other principally allowed L-O use on that parcel, subject to staffs review and approval. If the nature of such a development were determined by staff to exceed the conceptual intent of the current CUP/PUD, then that change would also be require a modification as noted above. To clarify, any such modification shall be reviewed on its own merit. To darify, the bank parcel is conceptual at this point. Any future development or action on this parcel is intended to be independent of the current application and approvals, specifically the ambulatory care/medical office building ponion. The bank. parcel, in no way, shall jeopardize the ability to proceed with the balance of the development. b. The construction materials for the proposed bank.must include metal roofing and either brick or bride veneer. The material color palette presented are conceptual at this time. Applicant has freedom to modify colors. in the future, subject to staffs review. c. All required parking stalls and landscaping must be located within the boundaries of the future ban1e parcel. As proposed, the row of nine (9) stalls along the east boundary of the bank parcel have no access to the bank. Applicant has updated the Master Site Development Plan providing an access point through the landscape berm along the east property line of the banle parcel to allow more direct access from these (9) parking stalls to the bank 15.2.3Any 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. 15.2.40ff street parking shall be provided in accordance with the city of Meridian ordinance 11-13 for use of undeveloped lots. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DEC1SION AND ORDER OF APPROVAL OF REZONING OF 8.88 ACRES FROM R-4 TO L-O ST. Ai'S AMBULATORY CARE CENTER/ (RZ-OO-OIO) - 7 15.2.5 Outside lighting shall be designed and placed in accordance with City Ordinance Sections 11~13-4.C. and 12.5-2.M. 15.2.6A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer , (Ord. 557, 1O~1-91) for all off-street parking areas. All site drainage shall be contained and disposed of on-site. ' 15.2.7 All signage shall be in accordance 'with the standards set forth in Section 11-14 of the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs will be permitted. 15.2. 8 Provide five-foot-wide sidewalks in accordance with City Ordinance Section 12-5-2.K. 15.2.9All construction shall conform to the requirements of the Americans with Disabilities Act. Adopt the Recommendations of the Ada County Highway District as follows: 15.2.10Construct a 30 to 35-foot wide right-in/right-out driveway on Ten :tvtile Road located approximately 220-feet south of the signalized intersection at Cherry Lane as proposed. Construct a six-inch raised median in the center of Ten Mile Road, from a point 10-feet south of the stop bar at the intersection to a point approximately 40-feet south of the southern edge of driveway. The median shall be constructed to NOT restrict the existing driveways on Ten Mile Road. Coordinate the design and location of the median with District staff. Submit a design of the median to the District's Traffic Service's Supervisor for review and a letter of approval. 15.2~ 11 Construct a 30 to 35-foot wide right-in/rlght-out driveway on Cherry Lane located approximately 230~feet east of the signalized intersection at Ten Mile Road as proposed. Construct an on-site median to restrict the driveway to right-inlright-out operations. Submit a design of the median to the District's Traffic Service's Supervisor for review and a letter of approval. Sign the driveway FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING Of 8.88 ACRES FROM R-4 TO L-O ST. AL'S AMBULATORY CARE CENTER/ (RZ-OO-OIO) .8 for right turn movements. The applicant may construct this driveway a maximum width of 40-feet to accommodate the on- site median. 15.2. 1 2 Construct a 46-foot "vide driveway on Cherry Lane located to align or offset a minimum of I 50-feet from any e..-dsting or proposed driveways. Submit a site plan that indicates existing driveway locations on the north side of Cherry Lane to verify that the proposed driveway meets District policy. The eastern most driveway on Cherry Lane shall be shifted approximately 60 feet to the east to accommodate this policy. The revised Master Site Development Plan reflects this change. An island is required "vithin the driveway and shoUld be constructed a minimum of 4- feet 'wide and located outside of the public right-of-way. 15.2.l3Construct a 30 to 35-foot "vide driveway on Cherry Lane located to align or offset a minimum of I 50-feet from any existing or proposed driveways. Submit a site plan that indicates existing driveway locations on the north side of Cherry Lane to verify that the proposed driveway meets District policy. 15.2.14Pave all of the driveways their full width and at least 3D-feet into the site beyond the edge of pavement with IS-foot curb radii. 15.2.15Replace any unused curb cuts on Ten Mile Road or Cherry Lane with standard curb, gutter and concrete sidewalk to match existing improvements. 15.2 .16Replace any damaged curb, gutter and/or sidewalk on Cherry Lane or Ten Mile Road with new curb, gutter and/or concrete sidewalk to match existing improvements. Segments to be replaced shall be determined by ACHD Construction Services staff. 15.2. 17Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. 15.2. 1 80ther than the access points specifically approved with this application, direct lot or parcel access to Ten Mile Road or FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 8.88 ACRES FROM R-4 TO L-O ST. AL'S AMBULATORY CARE CENTER I (RZ-OO-OlO) -9 Cherry Lane is prohibited. Adopt the additional action of the Council from their February 20, 2001, meeting by incorporating the Applicant's letter of 02/12/01 as follows: 15 .2.I9Penaining to the site lighting, the applicant shall comply with the ordinance requirements, and specifically, the site lighting shall be designed so that light does not directly reflect or spill over into adjacent residential districts, that the site lighting arrangement shall be approved by the City Engineer and that applicant comply with the listed site lighting standards. A Conceptual Site Lighting Plan has been submitted to show the proposed site lighting arrangement, light levels and fLuure types, and is on file with the City Clerk's office. 15.2.20The "Hours of Business Operation" shall be defined as "Hours during which the facility is actually open for business and patients are on the premises being seen or treated," Additionally, to clarify facility maintenance, before or after hours staff preparation or other similar activities occurring when the facility is not open for business are not subject to "Hours of Business Operation" restrictions. CONCLUSIONS OF LAW I. The Council may tal,e judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 2. 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. 3. The requested zoning of Limited Office District, (L-O) is defined in the Zoning Ordinance at 11-7.2 G as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 8.88 ACRES FROM R-4 TO L-O ST. AL'S AMBULATORY CARE CENTER/ (RZ-OO-OlO) -10 (L-O) Limited Office District: The purpose of the L-O District is to permit the establishment of groupings of professional, research, executive, administrative, accounting, clerical, stenographic, public service and similar uses. Research uses shall not involve heavy testing operations of any kind or product manufacturing of such a nature to create noise, vibration or emissions of a nature offensive to the overall purpose of this District. The L-O District is designed to act as a buffer between other more intense nonresidential uses and high density residential uses, and is thus a transitional use. Connection to the !vlunicipal water and sewer system of the City is a requirement in this District. 4. Idaho Code ~ 67-6511 provides and requires that the City shall establish by ordinance one or more zones or zoning districts in accordance with the adopted Comprehensive Plan and the ordinance establishing zoning districts can be amended with particular consideration given to the effects of any proposed zone change upon the delivery of seIVices by any political subdivision providing public services, including school districts, within the City's planning jurisdiction and that it is in conformance with the Comprehensive Plan. 5. Idaho Code S 67.6S11A provides: Each governing board may, by ordinance adopted or amended in accordance with the notice and hearing provisions provided under section 67-6509, Idaho Code, require or permit as a condition of rezoning that an owner or developer make a written commitment concerning the use or development of the subject parceL The governing board shall adopt ordinance provisions governing the creation, form, recording, modification, enforcement and termination of conditional commitments. 6. The City of Meridian by the adoption of Meridian City Code S 11-15-12 has exercised its authority to require or permit as a condition of rezoning F1NDINGS OF FACT AND CONCLUSIONS OF IA.W AND DECISION AND ORDER OF APPROVAL OF REZONING OF 8.88 ACRES FROM R.4 TO L-O ST. AL'S AMBULATORY CARE CENTER! (RZ.OO-OIO) .11 that an owner or developer make a written commitment concerning the use or development of the subject property. 7. 9 11~6-1 ZONING DISTRlCT MAP provides in part as follows: The districts established in this Ordinance as shown on the Official Zoning Map, together with all explanatory matter thereon, are hereby adopted as part of this Ordinance. Where uncertainty exists with respect to the boundaries of any of the zoning districts as'shovvn on the Official Zoning Map, the follovving shall apply: 7,1 VVhere district boundaries are indicated as approximately following the centerline of street lines, highway right-of. way lines, streams, lakes or other bodies of water, the centerline shaII be construed to be such boundary; 7,2 VVhere district boundaries are so indicated that they approximately follow the lot lines, such lot lines shall be construed to be said boundaries; 7.3 Where district boundaries are so indicated that they are approximately parallel to the center lines or street lines of streets, or the centerlines or right-of-way lines of highways, such district boundaries shall be construed as being parallel thereto and at such distance therefrom as indicated on the Official Zoning Map. If no distance is given, such dimensions shall be determined by the use of the scale shown on the Official Zoning Map; and 7.4 Where the boundary of a district follows a railroad line, such boundary shall be deemed to be located in the middle of the main tracks of said railroad line. 8. 9 II-IS-Ilof the Meridian City Code GENERAL STANDARDS APPLICABLE TO ZONING At\1ENDMENTS provides in part as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 8.88 ACRES FROM R-4 TO L-O ST. Ai'S AMBULATORY CARE CENTER I (RZ-OO..QIQ) - 12 The Commission and Council shall review the particular facts and circumstances of each proposed zoning amendment in terms of the following standards and shall find adequate evidence answering the following questions about the proposed zoning amendment: 8.1 The new zoning will be harmonious with and in accordance Vvith the Comprehensive Plan. 8.2 The area is not intended to be rezoned in the future. 8.3 The area is intended to be developed in the fashion that is allowed under the new zoning. 8.4 There has been no change in the area or adjacent areas which would dictate the area should be rezoned. 8.5 The proposed uses will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; 8.6 The proposed uses will not be hazardous or disturbing to existing or future neighboring uses; 8.7 The area will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed zoning amendment shall be able to provide adequately any of such services; 8.8 The use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; 8.9 The proposed uses will not involve uses, activities, processes, materials, equipment and conditions of operation that vviIl be detrimental to any persons, property FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROV At OF REZONING OF 8.88 ACRES FROM R-4 TO L-O ST. AL'S AMBULATORY CARE CENTER I (RZ-OO.OLO) - 13 or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; 8.10 The area will have vehicular approaches to the property which shall be so designed as not to create an interference "vith traffic on surrounding public streets; 8.11 The use will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and 8.12 The proposed zoning amendment is in the best interest of the City of Meridian. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE At"\JD FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF lAW WHICH ARE HEREIN ADOPTED, the City Council does hereby Order and this does Order: I. The Applicant's request for rezone of approximately 8.88 acres for construction and development of an ambulatory care center is granted, subject to the terms and conditions of this Order hereinafter stated; and 2. The follm.ving special terms and conditions of use and development relate to this application to-wit: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 2.1 The Applicant shall be required to enter into a Development Agreement with the City. 2.2 The following conditions pertaining to the proposed bank site shall be included in the Development Agreement: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROV At OF REZONING OF 8.88 ACRES FROM R-4 TO L-O ST. AL'S AMBULATORY CARE CENTER/ (RZ-OO-OlO) - 14 a. The bank parcel, as configured, has been shovvn for conceptual approval within the context of the proposed rezone. If there are significant modifications, as determined by staff, at the time a specific bank and site configuration are determined, such modifications shall require application for a modification of the current CUP/PUD application, As a modification, the bank parcel shall be reviewed on its own merit and either approved or denied without jeopardizing or compromising the approval of the current CUP/PUD application for Saint Alphonsus Medical Office Building. Significant modifications shall include, but not be limited to, expansion of the total building square footage, addition of any drive-thru aisles, change in building height (e.g. anything above single story), etc. Additionally, in the event a bank project does not materialize, then applicant shall be allowed to develop any other principally allowed L-O use on that parcel, subject to staffs review and approval. If the nature of such a development were determined by staff to exceed the conceptual intent of the current CUP/PUD, then that change would also be require a modification as noted above. To clarify, any such modification shall be reviewed on its ovvn merit. To clarify, the bank parcel is conceptual at this poim. Any future development or action on this parcel is intended to be independent of the current application and approvals, specifically the ambulatory care/medical office building portion. The bank parcel, in no way, shall jeopardize the ability to proceed with the balance of the . development. b. The construction materials for the proposed bank must include metal roofing and either brick or brid:. veneer. The material col~r palette presented are FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 8.88 ACRES FROM R-4 TO L.O ST. At'S AMBULATORY CARE CENTER! (RZ-OO-OIO) . 15 conceptual at this time. Applicant has freedom to modify colors in the future, subject to staffs review. c. All required parking stalls and landscaping must be located within the boundaries of the future bank parcel. As proposed, the row of nine (9) stalls along the east boundary of the bank parcel have no access to the bank. Applicant has updated the Master Site Development Plan providing an access point through the landscape berm along the east property line of the bank parcel to allow more direct access from these (9) parking stalls to the bank. 2.3 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 prnposes such as landscape irrigation. 2.4 Off street parking shall be provided in accordance ~with the dty of Meridian ordinance 11-13 for use of undeveloped lots. 2.5 Outside lighting shall be designed and placed in accordance with City Ordinance Sections 11-13-4.C. and 12-5-2.M. 2.6 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 2.7 All signage shall be in accordance with the standards set fonh in Section 11-14 of the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs will be permitted. 2.8 Provide five-foot-\Vide sidewalks in accordance 'Yvith City Ordinance Section 12-5-2.K. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 8.88 ACRES FROM R-4 TO L-O ST. AL'S AMBUIATORY CARE CENTER I (RZ-OO-OlO) - 16 2.9 All construction shall conform to the requirements of the Americans \vith Disabilities Act. Adopt the Recommendations of the Ada County Highway District as follows: 2.10 Construct a 30 to 35-foot wide right-inJright-out driveway on Ten Mile Road located approximately 220-feet south of the signalized intersection at Cherry Lane as proposed. Construct a six-inch raised median in the center of Ten 1vlile Road, from a point IO-feet south of the stop bar at the intersection to a point approximately 40-feet south of the southern edge of driveway. The median shall be constructed to NOT restrict the e..xisting driveways on Ten Mile Road. Coordinate the design and location of the median with District staff. Submit a design of the median to the District's Traffic Service's Supervisor for review and a letter of approvaL 2.11 Construct a 30 to 35-foot wide right-irv'right-out driveway on Cherry Lane located approximately 230-feet east of the signalized intersection at Ten 1v1ile Road as proposed. Construct an on-site median to restrict the driveway to right-inlright-out operations. Submit a design of the median to the District's Traffic Service's Supervisor for review and a letter of approval. Sign the driveway for right turn movements. The applicant may construct this driveway a maximum width of 40-feet to acconunodate the on-site median. 2.12 Construct a 46-foot 'Wide driveway on Cherry Lane located to align or offset a minimum of ISO-feet from any existing or proposed driveways. Submit a site plan that indicates existing driveway locations on the north side of Cherry Lane to verify that the proposed driveway meets District policy. The eastern most driveway on Cherry Lane shall be shifted approximately 60 feet to the east to accorrunodate this policy. The revised Master Site Development Plan reflects this change. An island is required within the driveway and should be constructed a minimum of 4~feet FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 8.88 ACRES FROM R.4 TO L-O ST, A.L'S AMBULATORY CARE CENTER! (RZ.OO.OIO) . 17 wide and located outside of the public right~ofwway. 2.13 Construct a 30 to 35-foot wide driveway on Cherry Lane located to align or offset a minimum of ISO-feet from any existing or proposed driveways. Submit a site plan that indicates existing driveway locations on the north side of Cherry Lane to ve.rify that the proposed driveway meets District policy. 2.14 Pave all of the driveways their full width and at least 30- feet into the site beyond the edge of pavement ...vith 15- foot curb radii. 2.15 Replace any unused curb cuts on Ten Mile Road or Cherry Lane with standard curb, gutter and concrete sidewalk to match existing improvements. 2.16 Replace any damaged curb, gutter andlor sidewalk on Cherry Lane or Ten Mile Road ...vith new curb, gutter and/or concrete sidewalk to match existing improvements. Segments to be replaced shall be determined by ACHD Construction Services staff. 2.17 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. 2.18 Other than the access points specifically approved with this application, direct lot or parcel access to Ten Mile Road or Cherry Lane is prohibited. Adopt the additional action of the Council from their February 20,2001, meeting by incorporating the Applicant's letter of 02/12101 as follows: 2.19 Pertaining to the site lighting, the applicant shall comply with the ordinance requirements, and spedfically, the site lighting shall be designed so that: light does not directly reflect or spill over into adjacent residential districts, that the site lighting arrangement shall be approved by the City Engineer and that applicant comply vvith the listed site lighting standards. A Conceptual Site Lighting Plan has FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 8.88 ACRES FROM R-4 TO L~O ST. AL'S AMBUIATORY CARE CENTER/ (RZ-OO.OlO) - 18 been submitted to show the proposed site lighting arrangement, light levels and fixture types, and is on file \vith the City Clerk's office. 2.20 The "Hours of Business Operation" shall be defined as "Hours during which the facility is actually open for business and patients are on the premises being seen or treated." Additionally, to clarify facility maintenance, before or after hours staff preparation or other similar activities occurring when the facility is not open for business are not subject to "Hours of Business Operation" restrictions. 3. The City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the re-designation of the zoning for the real property which is the subject of the application to (L-O) Limited Office District (Meridian City Code S 11-7 -2 G) which ordinance shall be considered for passage. 4. Subsequent to the passage of the Ordinance, provided for in Section 3 of this Order, the engineering staff of the Public Works Department shall prepare the appropriate mapping changes of the official Zoning Maps as provided in Meridian City Code s 11-21-1 in accordance with the provisions of the rezoning ordinance. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing - . body of the City of Meridian, pursuant to Idaho Code S 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by the issuance' or denial of the rezoning may, within twenty-eight (28) days after the FINDINGS OF FACT AND CONCLUSIONS OF lAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 8.88 ACRES FROM R.4 TO L-O ST. AL'S AMBULATORY CARE CENTER/ (RZ-OO.OIO) .19 date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular me~ting held on the 6ft. day of tntJ/LcA- , 2001. ROLL CALL COUNCILMAN RON ANDERSON VOTED~ VOTED ~f.- VOTED~ VOTED~ COUNCILlv1AN KEITH BIRD COUNCILWOMAN TA.M1v1Y deWEERD COUNCILWOMAN CHERIE McCANDLESS l'vlA YOR ROBERT CORRIE (TIE BREAKER) DATED: $-6-tJ/ -- VOTED MOTION: APPROVED:~~ DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and the City Attorney. ByddL~~ >1 City Clerk Dated: ~ ~ msglZ:\Work\M\Meridian\Meridian 15360M\StAls RZO I OCUP05 6\FfsClsOrderREZ FINDINGS OF FACT AND CONCLUSIONS OF lAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 8.88 ACRES FROM R.4 TO L-O ST. AL'S AMBULATORY CARE CENTER/ (RZ-OO-OlO) .20 1'\ C~ c~!'m I':' PF.ClJROEf{ ,) :-,~,'~'~~ !.tf~~Vf~,~~.:Ra .., :., . ~~j~. f ..... RECORDED- REQUES~ ~5PJS fEE~DE?UTY~ Art 9: J 3 J 0 2 0 9 8 1 2 9 2~n AY 29 cJ.,oo2. MERIDIAN CITY DEVELOPMENT AGREEMENT PARTIES: 1. 2. City of Meridian Locust Gro:ve Apartments, LLC, L.c. Development, Inc., Owner/Developer THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this /4..f6- day of IJutittJ't: ,200-z., by and between CITY OF MERlDIAN, a municipal cotporation of the State of Idaho, hereafter called "CITY", and LOCUST GROVE APARTMETNS, LLC, L.c. DEVELOPMENT, INC., hereinafter called "OWNER"/"DEVELOPER", whose address is P.O. Box 518, Meridian, Idaho 83680. 1. RECITALS: 1.1 WHEREAS, "Owner"/Developer" is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the "Property"; and 1.2 WHEREAS, 1.c. 967-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the "Owner" or "Developer" make a written commitment concerning the use or development of the subject "Property"; and 1.3 WHEREAS, "City" has exercised its statutory authority by the enactment of Ordinance 11-15-12 and 11-16-4 A, which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, "0wner"/"Developer" has submitted an application for annexation and zoning of the "Property"s described in Exhibit A, and has requested a designation of (R-40) High Density Residential District and (C-C) DEVELOPMENT AGREEMENT (AZ-0l-002) - 1 Community Business District, (Municipal Code of the City of Meridian); and 1.5 WHEREAS, "O,vner"/"Developer" made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subject "Property" "vill be developed and what improvements will be made; and 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject "Property" held before the Planning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the I S'j7 day of h1 ~, 2001, has approved certain Findings of Fact and Conclu ions of Law and Decision and Order, set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the "Findings"); and 1.8 WHEREAS, the "Findings" require the "Owner"/"Developer" enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 "OWNER"/"DEVELOPER" deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and requests; and 1.10 WHEREAS, "City" requires the "Owner"/"Deveioper" to enter into a development agreement for the purpose of ensuring that the "Properti' is developed and the subsequent use of the "Property" is in accordance with the DEVELOPMENT AGREEMENT (AZ-Ol-002) - 2 terms and conditions of this development agreement, herein being established as a result of evidence received by the "City" in the proceedings for annexation and zoning designation from government subdivisions providing services vvithin the planning jurisdiction and from affected property owners and to ensure annexation and zoning designation is in accordance vvith the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance #629, January 4, 1994, and the Zoning and Development Ordinances codified in Meridian City Code Title 11 and Title 12. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the follovving words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 "CITY": means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 "OWNER"/"DEVELOPER": means and refers to Locust Grove Apartments, LLC, L.c. Development, Inc., whose address is P.O. Box 518 Meridian, Idaho 83680, the party developing said "Property" and shall include any subsequent owner(s)/developer(s) of the "Property". 3.3 "PROPERTY": means and refers to that certain parcel(s) of "Property" located in the County of Ada, City of Meridian as described in Exhibit "A", attached hereto and DEVELOPMENT AGREEMENT (AZ-OI-002) - 3 by this reference incorporated herein as if set forth at length. 4. USES PERlvlITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under "City"'s Zoning Ordinance codified at Meridian City Code Section 11~7-2 (F and 1) which are herein specified as follows: Restriction of the otherwise permitted C-C zone uses listed below: a. Automobile Washing Facilities b. Convenience Stores c. Department Stores d. Entertainment Centers e. Restaurants The City Council requires that a restaurant be allowed on Lots 7 and 8 without re-submittal of a conditional use permit, a restaurant be restricted from Lots 2 and 3, and a restaurant be allowed on Lots 4 and 5 with re-submittal of a conditional use permit. To subdivide for constroction and development of the property into a planned development of commercial and residential lots. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. DEVELOPMENT IN CONDITIONAL USE: "0wner"I"Developer" is required to submit to "City" an application for conditional use permit, and shall be required to obtain the "City"'s approval thereof, in accordance to the City's Zoning & Development Ordinance criteria, therein, provided, prior to, and as a condition of, the commencement of construction of any buildings or improvements on the "Property" . DEVELOPMENT AGREEMENT (AZ-OI-002) - 4 ( 6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 6.A "Owner"/"Developer" shall develop the "Property" in accordance 'with the following special conditions: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows, with the exception of the zoning ofC-G for the commercial lots which is recommended to be C-C subject to the following, to-wit: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 6.1 The requested C-G zone for Lots 1-5 and 7-9, Block 1, shall be dovV11-zoned to a C-C zone. Note: Applicant has agreed to this zoning. 6.2 The requested RAO zone for Lot 6, Block 1 shall be capped vvith a maximum of 20 d. u./acre as a condition. 6.3 Restriction of the othenvise permitted C-C zone uses listed below: a. Automobile Washing Facilities b. Convenience Stores c. Department Stores d. Entertainment Centers e. Restaurants The City Council shall allow a restaurant on Lots 7 and 8 without re- submittal of a Conditional Use Permit, a restaurant be restricted from Lots 2 and 3, and a restaurant be allowed on Lots 4 and 5 with re- submittal of a Conditional Use Permit. 6.4 Hours of Operation: No details of hours of operation for the commercial lots was provided in the application. If annexation and zoning of the commercial zoning is approved, all future commercial uses in Lots 1-5 and 7-9 shall be limited to hours of operation of 7 :OOam to 10:00pm, or as othervvise determined by the Commission and Council. DEVELOPMENT AGREEMENT (AZ-OI-002) - 5 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the parcel shall be tiled per City Ordinance 12-4-13, except the Jackson Drain shall be left open to retain its natural features. Plans shall need to be approved by the appropriate irrigation/drainage district, or lateral users association, with "vritten confirmation of said approval submitted to the Public Works Department. 6.5 Any existing domestic wells and/or septic systems within this project shall have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. '.Vells may be used for non-domestic purposes such as landscape irrigation. 6.6 Two-hundred-fifty- and laO-watt, high-pressure sodium streetlights shall be required at locations designated by the Public VV orks Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 6.7 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Sections 11-13-4.C. and 12-5-2.M. 6.8 Off street parking shall be provided in accordance "With the City of Meridian Ordinance 11-13 for use of property. 6.9 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557,10-1-91) for all off-street parking areas in the proposed future commercial lots. All site drainage shall be contained and disposed of on-site. 6.10 All signage in the proposed future commercial lots shall be in accordance "With the standards set forth in Section 11-14 of the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs shall be permitted. DEVELOPMENT AGREEMENT (AZ-O 1-002) - 6 6.11 Provide-foot-wide sidewalks in accordance vvith City Ordinance Section 12~5-2.K 6.12 All construction shall conform to the requirements of the Americans vvith Disabilities Act. 7, COMPLIANCE PERIOD/ CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of the "Owner"/"Developer" or "Owner"/"Developer"'s heirs, successors, assigns, to comply with Section 6 entitled "Conditions Governing Development" of subject "Propeny" of this agreement vvithin two years of the date this Agreement is effective, and after the "City" has complied vvith the notice and hearing procedures as outlined in I.c. r 67-6509, or any subsequent amendments or recodifications thereof. 8. CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: "Owner"/"Developer" consents upon default to the de-annexation and/or a reversal of the zoning designation of the "Property" subject to and conditioned upon the follovving conditions precedent to-vvit: 8.1 That the "City" provide written notice of any failure to comply with this Agreement to "Owner"/"Developer" and if the "Owner"/"Developer" fails to cure such failure within six (6) months of such notice. 9. INSPECTION: "Owner"/"Developer" shall, immediately upon completion of any ponion or the entirety of said development of the "Property" as required by this agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections 'and written approval of such completed improvements or portion thereof in accordance vvith the terms and conditions of this Development Agreement and all other ordinances of the "City" that apply to said Development. 10, DEFAULT: DEVELOPMENT AGREEMENT (AZ-OI-002) -7 10.1 In the event "Owner"/"Developer", "Owner"/"Developer"'s heirs, successors, assigns, or subsequent ovvners of the "Property" or any other person acquiring an interest in the "Property", fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the "Property", this Agreement may be modified or terminated by the "City" upon compliance with the requirements of the Zoning Ordinance. I 0.2 A waiver by "City" of any default by "Ovvner"/"Developer" of anyone or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of "City" or apply to any subsequent breach of any such or other covenants and conditions. II. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at "Owner"/"Developer"'s cost, and submit proof of such recording to "Ovvner"/"Developer", prior to the third reading of the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the "Property" contemplated hereby, the "city" shall execute and record an appropriate instrument of release of this Agreement. 12. ZONING: "City" shall, following recordation of the duly approved Agreement, enact a valid and. binding ordinance zoning the "Property" as specified herein. 13. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either "City" or "Owner"/"Developer", or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. DEVELOPMENT AGREEMENT (AZ-OI-002) - 8 13.1 In the event of a material breach of this Agreement, the parties agree that "City" and "Ovvner"/"Developer" shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non-breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 13.2 In the event the performance of any covenant to be performed hereunder by either "Ovvner"/"Developer" or "City" is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 14. SURETY OF PERFORMANCE: The "City" may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code '12-5-3, to insure that installation of the improvements, which the "Ovvner"/"Developer" agrees to provide, if required by the "city". 15. CERTIFICATE OF OCCUPANCY: The "Owner"/"Developer" agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the "City" and "Owner"/"Developer" have entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the "City". DEVELOPMENT AGREEMENT (AZ-O 1 -002) - 9 16. ABIDE BY ALL CITY ORDINANCES: That "Ovvner"/"Developer" agrees to abide by all ordinances of the City of Meridian and the "Property" shall be subject to de-annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 17. NOTICES: Any notice desired by the parties ancl/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: DEVELOPER: c/o City Engineer City of Meridian 33 E. Idaho Ave. Meridian, 10 83642 Locust Grove Apartments, LLC L.c. Development, Inc. P.O. Box 518 Meridian, Idaho 83680 with copy to: City Clerk City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 17.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 18. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between DEVELOPMENT AGREEMENT (AZ-Ol-002) - 10 the parties and shall survive any default, termination or forfeiture of this Agreement. 19, TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 20. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including "City'''s corporate authorities and their successors in office. This Agreement shall be binding on the owner of the "Property", each subsequent owner and any other person acquiring an interest in the "Property". Nothing herein shall in any way prevent sale or alienation of the "Property", or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor ovvner or owners shall be both benefitted and bound by the conditions and restrictions herein expressed. "City" agrees, upon written request of "Owner"/"Developer", to execute appropriate and recordable evidence of termination of this Agreement if "City", in its sole and reasonable discretion, had determined that "Owner"/"Developer" has fully perfom1ed its obligations under this Agreement. 21. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions containe<;l herein. 22. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "Owner"/"Developer" and "City" relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between "Owner"/"Developer" and "City", other than as are stated herein. Except as herein othervvise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their DEVELOPMENT AGREEMENT (AZ-OI-002) - 11 successors in interest or their assigns, and pursuant, with respect to "City", to a duly adopted ordinance or resolution of "City". 22.1 No condition governing the uses and/or conditions governing development of the subject "Property" herein provided for can be modified or amended without the approval of the City Council after the "City" has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 23- EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the "property" and execution of the Mayor and City Clerk. DEVELOPMENT AGREEMENT (AZ-01-002) - 12 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. LOCUST GROVE APARTMENTS, LLC L.e. DEVELOPMENT, INC. Attest: BY: CITY OF MERIDIAN BY: c:4~()~~ ~ .NlAYOR ROBERT D. CORRIE Attest: SEAL ~ r!l J ~ - Giv ..Qi 0 - ~/ '0__ &r 1':;1 . X'-,f -/...-,.. ~1 ...... ~~ ,.....:::- ,;;/ '-OU~IT'( ~ \" ;{tl, n . \\\\\ Ithlll' JlIII\\1 ~~R&..J; (1. _ CITY CLERK' ~ --pr ( 7- BY RESOLUTION NO. DEVELOPMENT AGREEMENT (AZ-01-002) - 13 STATE OF IDAHO) :ss COUNTY OF ADA) On this I L(12. day of f!}-iA G:v(. tr 200~ before me, G'e:re,AL-/) LA/. (fik..rl'IJ[SP'...y- Public, personally appeared 1- c-E. C r:;;.F-CT[5Y7-.f and , knuwn or identified to me to be the fJ./lGS (Of3:/-f.J' and -- of Locust Grove Apartments, LLC and L.c. Development, Inc., and the persons who executed the instrument and acknowledged to me that they having executed the same on behalf of said limited liaJlilityrGijwpany and Idaho corporation. " .'\1 It.l '" ..'~ <'I 'f( , lY~-4l" ". ...... y\l ...-....._ J;..; ~. .... ~ ..- -.. <P. \ ~Q;-.' .0. : ~: ~ 0 T A.R y .. ~ ';. :c.::: ~ : . · -.- i * - (S~) \. PUBL\( ,_ J -- if> .o, .... c ,. ~# "'AJ ......... ~ I ""'f'rE Of \~ ~~..., 'ft,."... ..... '. in the year a Notary ~~ No ary Public for Idaho Residing at: ~t.7Lf.()L~ ~ Commission expires: S--{7~~ STATE OF IDAHO ) :ss County of Ada ) On this L01-h. day of A lA~(A<;'+ , in the year 200"2. before me, a Notary Public, personally appeared Robert D. Corrie and William G. Berg, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. ......... ... Q_:tL~~.. /~OTA.i;:..~~ ~h ~ .. Co, , .. '1\ f'\ \. f J · I \ · UJ (.,.{)y-'\ fV"..--../ . I , . I · , J · (SEAL) ~ \ c I.. : Notary Public for Idaho . .. 1:J._'~. ..~:.~~........ ..+ Commission expires: .t-..\ -2 %-o~ Z:\Work\M\Meridian\M~ ocust Grove Place AZ PP CUP\DevelopAgr.doc DEVELOPMENT AGREEMENT (AZ-01-001) - 14 EXHIBIT A Legal Description Of Property (R~40) High Density Residential A parcel of land situate in the northeast quarter of the northeast quarter of Section 7, Township 3 North, Range I East, Boise Meridian, Meridian City, Ada County, Idaho, being more particularly described as follows: Commencing at the northeast corner of said Section 7; thence SOooOO'45" W, 1,324.72 feet along the easterly boundary of said Section 7 to the southeast corner of the northeast quarter of the northeast quarter of said Section 7; thence S89036'07" W, 206.71 feet along the southerly boundary of the northeast quarter of the northeast quarter of said Section 7 to the Real Point of Beginning: Thence continuing S89036'01" W, 452.60 feet along the southerly boundary of the northeast quarter of the northeast quarter of said Section 7 to the southeast corner of Danbury Fair Subdivision No.2, as shown on the official plat thereof on file in the office of the Ada County, Idaho Recorder; Thence NOIOI2'31" W, 165.90 feet along the easterly boundary of said Danbury Faire Subdivision No.2; Thence NOl 012'45" E, 164.29 feet; Thence N89036'00" E, 10.67 feet; Thence NOooOO'32" E, 536.16 feet to the Jackson Stub Drain; Thence the following courses and distances along the Jackson Stub Drain: N84017'26" E, 318.75 feet; S5S041'OO" E, 117.02 feet; DEVELOPMENT AGREEMENT (AZ-OI-001) - 15 537048'00" E, 210,67 feet; Thence 552012'00" W, 50.25 feet; Thence N90000'00" W, 63.00 feet; Thence 500000'00" W, 207.51 feet; Thence 590000'00" E, 1.51 feet; Thence 500000'00" W, 424.34 feet to the Real Point of Beginning. Comprising 9.148 acres, more or less. (C~C) Community Business: A parcel of land situate in the northeast quarter of the northeast quarter of Section 7, Township 3 North, Range 1 East, Boise Meridian, Meridian City, Ada County, Idaho, being more particularly described as follows: Commencing at the northeast corner of said Section 7; thence 500000' 45" W, 1,324.72 feet along the easterly boundary of said Section 7 to the southeast corner of the northeast quarter of the northeast quarter of said Section 7, which is the Real Point of Beginning; Thence 589036'07" W, 206.71 feet along the southerly boundary of the northeast quarter of the northeast quarter of said Section 7; Thence NOOoOO'OO" E, 424.34 feet; Thence N90000'00" W, 1.51 feet; Thence NOOoOO'OO" E, 207.51 feet; Thence N90000'00" E, 63.00 feet; DEVELOPMENT AGREEMENT (AZ-OI-001) - 16 Thence N52012'00" E, 50.25 feet to the Jackson Stub Drain; Thence S3]o48'00" E, 172.33 feet along the Jackson Stub Drain to the easterly boundary of said Section 7; Thence 500000'45" W, 525.05 feet along the easterly boundary of said Section 7 to the Real Point of Beginning. Comprising 2.927 acres, more or less. DEVELOPMENT AGREEMENT (AZ-OI-OOl) - 17 EXHIBIT B Findings of Fact and Conclusions of Law/Conditions of Approval DEVELOPMENT AGREEMENT (AZ-OI-OOl) - 18 BEFORE THE MERIDIAN CITY COUNCIL CjC 04-03-01 IN THE lVIATTER OF THE ) APPLICATION OF LOCUST ) GROVE AP ARThlENTS, LLC, ) APPLICANT, AND L.C. ) DEVELOPMENT, INC., ) OWNER, THE APPLICATION ) FOR ANNEXATION AND ) ZONING OF 11.764 ACRES FOR ) PROPOSED LOCUST GROVE ) PLACE, LOCATED ON THE ) WEST SIDE OF LOCUST ) GROVE AND 740 FEET SOUTH ) OF F AIRVIEW, lVIERlDIAN, ) IDAHO ) ) Case No. AZ-OI-002 FINDINGS OF FACT AND CONCLUSIONS OF LA '\tV AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING The above entitled annexation and zoning application having come on for public hearing on April 3, 2001, at the hour of 6:30 p.m., and Shari Stiles, Planning and Zoning Administrator, appeared and testified, and appearing on behalf of the Applicant were Anna Powell and Lee Centers, and appearing with comments and/or concerns was Richard Livingston, and the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT 1. The notice of public hearing on the application for annexation and zoning FINDINGS OF FACT AND CONCLUSIONS OF LAW- AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING BY LOCUST GROVE APARTMENTS, LLC FOR PROPOSED LOCUST GROVE PLACE - (AZ-Ql-002) Page 1 was published for two (2) consecutive weeks prior to said public hearing scheduled for April 3, 2001, before the City Council, the first publication appearing and vvritten notice having been mailed to property mvners or purchasers of record within three hundred feet (300') of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing; and that copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the April 3, 2001, public hearing; and the applicant, affected property mvners, 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 with all notice and hearing requirements set forth in Idaho Code I · 67-6509 and 67-6511, and Meridian City Code r r 11-15-5 and 11- 16-1. 3. The City Council takes judicial notice of its zoning, subdivisions and development ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning maps thereof, and the Comprehensive Plan of the City of Meridian adopted December 21,1993, Ordinance No. 629, January 4,1994, and maps and the ordinance. establishing the Impact Area Boundary. 4. The property which is the subject of the application for annexation and zoning is described in the application, and by this reference is incorporated herein as if set forth in full. FINDINGS OF FACT AND CONCLUSIONS OF LAW- AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING BY LOCUST GROVE APARTMENTS, LLC FOR PROPOSED LOCUST GROVE PLACE - (AZ-OI-002) Page 2 5. The property is approximately 11.764 acres in size and is located on the west side of Locust Grove Road, south of Fairview. The property is designated as Locust Grove Place. 6. The owner of record of the subject property is L.C. Development, Inc., of Meridian, Idaho. 7. Applicant is Locust Grove Apartments, LLC of Meridian, Idaho. 8. The property is presently zoned by Ada County as RUT, and consists of a large residential lot. 9. The Applicant requests the property be zoned as a combination of R-40 and C-G. 10. The subject property is bordered to the north and east by Ada County and to the south and west by the city limits of the City of Meridian. 11. The property which is the subject of this application is within the Area of Impact of the City of Meridian. 12. The entire parcel of the property is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area as defined in the Meridian Comprehensive Plan. 13. The Applicant proposes to develop the subject property in the following manner: subdivide property into a planned development of commercial and residential lots. 14. The Applicant requests zoning of the subject real property as R-40 and C- G which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Mixed Use. FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING BY LOCUST GROVE APARTMENTS, LLC FOR PROPOSED LOCUST GROVE PLACE - (AZ-OI-002) Page 3 15. There are no significant or scenic features of major importance that affect the consideration of this application. 16. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction, public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed, and with the exception of the zoning of C-G for the commercial lots which is recommended to be C-C subject to the following: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 16.1 A Development Agreement shall be required as a condition of annexation. 16.2 The requested C-G zone for Lots 1-5 and 7-9, Block 1, shall be down-zoned to a C-C zone. Note: Applicant has agreed to this zoning. 16.3 The requested R-40 zone for Lot 6, Block 1 shall be capped with a ma.'Ximum of 20 d.u./acre as a condition of the Development Agreement. 16-4 The Development Agreement shall restrict the otherwise permitted C-C zone uses listed below: a. Automobile Washing Facilities b. Convenience Stores c. Department Stores d. Entertainment Centers e. Restaurants The City Council shall allow a restaurant on Lots 7 and 8 without re-submittal of a Conditional Use Permit, a restaurant be restricted from Lots 2 and 3, and a restaurant be allowed on Lots 4 and 5 with re~submittal of a Conditional Use Permit. 16.5 Hours of Operation: No details of hours of operation for the commercial FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING BY LOCUST GROVE APARTMENTS, LLC FOR PROPOSED LOCUST GROVE PLACE - (AZ-0l-002) lots was provided in the application. If annexation and zoning of the commercial zoning is approved, all future commercial uses in Lots 1-5 and 7-9 shall be limited to hours of operation of 7:00am to lO:oOpm, or as otherwise determined by the Commission and Council. 16.6 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the parcel shall be tiled per City Ordinance 12-4-13, except the Jackson Drain shall be left open to retain its natural features. Plans shall 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. 16.7 Any existing domestic wells and/or septic systems within this project shall have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. "Vells may be used for non-domestic purposes such as landscape irrigation. 16.8 Two-hundred-fifty- and 100-watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typicallocations are at street intersections and/or fire hydrants. 16.9 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Sections 11-13-4.C. and 12-5-2.M. 16.10 Off street parking shall be provided in accordance with the City of Meridian Ordinance 11-13 for use of property. 16.11 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas in the proposed future commercial lots. All site drainage shall be contained and disposed of on- site. 16.12 All signage in the proposed future commercial lots shall be in accordance with the standards set forth in Section 11-14 of the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs shall be permitted. 16.13 Provide-foot-vvide sidewalks in accordance with City Ordinance Section 12-5-2.K. 16.14 All construction shall conform to the requirements of the Americans with Disabilities Act. FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING BY LOCUST GROVE APARTMENTS, LLC FOR PROPOSED LOCUST GROVE PLACE - (AZ-0l-002) Page 5 17. 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. 16, and all sub- parts, the economic welfare of the City and its residents and ta.x and rate payers will be protected, which requirement shall be included in a development agreement, a condition of annexation and zoning designation. 18. It is also found that the development considerations as referenced in Finding No. 16 are reasonable to require and must be taken into account, in order to assure the proposed development is designed, constructed, operated and maintained in a manner which is harmonious and appropriate in appearance with the existing, or intended character of the general vicinity, in order to assure that the proposed use will not change the essential character of the affected vicinity and will insure that the proposed uses will not be hazardous or disturbing to the existing, or future neighboring uses, particularly considering the impact of proposed development on potential to produce excessive traffic, noise, smoke, fumes, glare and odors. 19. It is found that the zoning of the subject real property as High Density Residential District (R-40) and Community Business District (C-C) requires connection to the Municipal Water and Sewer systems and will be compatible with the Applicant=s development intentions, and will assure that the zoning is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Mixed Use. 20. The subject annexation request and zoning designation and proposed development relates and is compatible to the goals and policies of the Comprehensive FINDINGS OF FACT AND CONCLUSIONS OF LAW- AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING BY LOCUST GROVE APARTMENTS, LLC FOR PROPOSED LOCUST GROVE PLACE - (AZ-Ol-002) Page 6 Plan of the City as follows: 20.1 The consideration of the provisions of the Comprehensive Plan and the requirements of the zoning ordinance assure that the processing of such application is the management of grmvth with the aim to achieve high- quality development. Enhancement of Meridian's quality of life for all residents is achieved by applying the criteria of the Comprehensive Plan and the zoning ordinance of the City to all applications such as the subject application. 20.2 This proposed new growth development will finance public service expansion by the requirement herein that the applicant comply with the requests submitted of the political subdivisions responses within the Meridian Urban Service Planning Area submitted in the record of this matter. 20.3 The application is consistent with Meridian's self identity. 20.4 The preservation and improvement of the character and quality of Meridian's man-made environment while maintaining its identity as a self-sufficient community is achieved by applying the criteria of the Comprehensive Plan and the zoning ordinance of the City to the subject application. 20.5 Compliance with the requests of the political subdivisions providing services, assures that community services are being provided for existing and projected needs and that the land use patterns of the City are balanced to insure that revenues pay for services and that the Urban Service Planning Area is visually attractive, efficiently managed and clearly identifiable. 20.6 Compatible and efficient use ofland through innovative and functional site design is achieved by applying the criteria of the Comprehensive Plan and the zoning ordinance of the City to the subject application. 21. The property can be physically serviced with City water and sewer. CONCLUSIONS OF LAW 1. The City of Meridian has authority to annex real property upon written request for annexation and the real property being contiguous or adjacent to city boundaries and that said property lies within the area of city impact as provided by FINDINGS OF FACT AND CONCLUSIONS OF LAW- AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING BY LOCUST GROVE APARTMENTS, LLC FOR PROPOSED LOCUST GROVE PLACE - (AZ-Ql-002) Page 7 Idaho Code Section 50-222. The Meridian City Code I 11-16 provides the City may annex real property that is within the Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan. 2. The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 3. The City of Meridian has exercised its authority and responsibility as provided by ALocal 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: 4.A The Goals of the Comprehensive Plan are set forth at Page 5 and include: 4.1 To preserve Meridian's environmental quality and to make provisions for and improve the total natural environment by adopting City-wide and Urban Service Planning Area policies, which deal with area-specific policies and programs. 4.2 To ensure that growth and development occur in an orderly fashion in accordance with adopted policies and procedures governing the use of land, residential development the provision of services and the distribution of new housing units within the Urban Service Planning Area. 4.3 To encourage the kind of economic growth and development which supplies employment and economic self-sufficiency for existing and future residents, reduces the present reliance on Boise and strengthens the City's ability to finance and implement public improvements, services and its open space character. 4-4 To provide housing opportunities for all economic groups FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING BY LOCUST GROVE APARTMENTS, LLC FOR PROPOSED LOCUST GROVE PLACE - (AZ-0l-002) \vithin the community. 4.5 To preserve and improve the character and quality of Meridian's man-made environment while maintaining its identity as a self-sufficient community. 4.6 To encourage cultural, educational and recreational facilities which vvill fill the needs and preferences of the citizens of Meridian and to insure that these facilities are available to all residents of the City. 4.7 To provide community services to fit existing and projected needs. 4.8 To establish compatible and efficient use of land through the use of innovative and functional site design. 4.9 To encourage a balance of land use patterns to insure that revenues pay for services. 4.10 To create an Urban Service Planning Area which is visually attractive, efficiently managed and clearly identifiable. 4B. The sections of the Comprehensive Plan that most directly apply to the proposed project are as follows: Land Use Chapter 1.4U - Encourage new development that reinforces the City's present development pattern of higher density development within the Old Town area and lower density development in outlying areas. 1.8U - Promote the development of high-quality and environmentally compatible residential areas that contain the necessary parks, schools and commercial facilities to maintain and form identifiable neighborhoods. 2.1 U - Support a variety of residential categories (urban, rural, single-family, multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities. 2.2 U - Support strategies for the development of neighborhood parks within all residential areas. FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FORAJ.'fNEXATION AND ZONING BY LOCUST GROVE APARTMENTS, LLC FOR PROPOSED LOCUST GROVE PLACE - (AZ-OI-002) Page 9 2.3U - Protect and maintain residential neighborhood property values, improve each neighborhood's physical condition and enhance its quality of life for residents. 2.5U - Encourage compatible infill development that will improve existing neighborhoods. 6.8U - New urban density subdivisions which abut or are proximal to existing rural residential land uses shall provide screening and transitional densities ,vith larger, more comparable lot sizes to buffer the interface between the urban level densities and rural residential densities. Natural Resources and Hazardous Areas 1.1 U - Identify and protect areas with special characteristics such as stream corridors, canals, and wetlands. 2.1U - Development along major drainage ways will be restricted to ensure that development does not cause additional ground or surface water contamination. 3.1 U - Manage and prevent unsuitable uses along drainageways and protect the flood plains of creeks and drains. Transportation lAU - Monitor and coordinate the compatibility of the land use and transportation system. 1.20U - Encourage proper design of residential neighborhoods to ensure their safety and tranquility. FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING BY LOCUST GROVE APARTMENTS, LLC FOR PROPOSED LOCUST GROVE PLACE - (AZ-0l-002) Page 10 Open Space, Parks and Recreation 2.5U - New subdivision development. ..will be considered as opportunItles to... Encourage the development of recreational open spaces and parks as part of new planned developments. Housing 1.1 - .., provide for a wide diversity of housing types... in a variety of locations suitable for residential development. 1.4 - The development of housing for all income groups close to employment and shopping centers shall be encouraged. 1.6 - Housing proposals shall be phased with transportation, open space and public service and facility plans, which will maximize benefits to the residents, minimize conflicts and provide a tie-in between new residential areas and service needs. 1.19 - High-density development, where possible, should be located near open space corridors or other pennanent major open space and park facilities, and near major access thoroughfares. Community Design Chapter 5.2 - Ensure that all new development enhances rather than detracts from the visual quality of its surroundings, especially in areas of prominent visibility. 6.11 U - Promote well-planned and well-designated affordable housing in all Meridian neighborhoods. 5. The zonings of High Density Residential District (R-40) and Community Business District (C-C) are defined in the Zoning Ordinance at I 11-7-2 F and I as follows: (R-40) High Density Residential District: The purpose of the R-40 District is to permit the establishment of high density residential uses at a density not exceeding forty (40) dwelling units per acre. Connection to the Municipal water and sewer systems of the City is required. (C-C) Community Business District: The purpose of the C-C District is to FINDINGS OF FACT AND CONCLUSIONS OF LAW- AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING BY LOCUST GROVE APARTMENTS, LLC FOR PROPOSED LOCUST GROVE PLACE - (AZ-Ol-002) Page 11 permit the establishment of general business uses that are of a larger scale than a neighborhood business, and to encourage the development of modern shopping centers with adequate off-street parking facilities, and associated site amenities to serve area residents and employees; to prohibit strip commercial development 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. 6. By authority of the City of Meridian under the Comprehensive Plan, a conditional use permit is required for Applicant to construct and develop a possible mi.'{ed use development. 7. Since the annexation and zoning ofland is a legislative function, the City has authority to place conditions upon the annexation of land. See Burt vs. The Cit'v of Idaho Falls, 105 Idaho 65, 665 P2d 1075 (1983). 8. The development of the annexed land, if annexed, shall meet and comply with the Ordinances of the City of Meridian including, but not limited to: Section 12-2-4 which pertains to development time schedules and requirements; Section 12-4-13, which pertains to the piping of ditches; and Section 12-5-2 N, which pertains to pressurized irrigation systems. 9. The development of the property shall be subject to and controlled by the Zoning and Subdivision and Development Ordinances of the City of Meridian. 10. Section 11-16-4 A of the Zoning and Development Ordinance provides in part as follows: If property is annexed and zoned, the City may require or permit, as a condition of the zoning, that an owner or developer make a written commitment concerning the use or development of the subject property. If a commitment is required or permitted, it shall be recorded in the office of the Ada County Recorder and shall take effect upon the adoption of the ordinance annexing and zoning the property, or prior if agreed to by the mvner of the parcel. Unless the commitment is modified or terminated by the City Council, the commitment shall be binding on the owner of the FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR A1'fflEXATION AND ZONING BY LOCUST GROVE APARTMENTS, LLC FOR PROPOSED LOCUST GROVE PL<\CE - (AZ-OI-002) Page 12 parcel, each subsequent owner, and each other person acquiring an interest in the property. A commitment is binding on the owner of the property even if it is unrecorded; however, an unrecorded commitment is binding on subsequent mvners and each other person acquiring an interest in the property only if the subsequen t owner and each other person acquiring an interest in the property has actual notice of the commitment. DECISION Al~D ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAvV, the City Council does hereby Order and this does Order: 1. The applicant's request for annexation and zoning of approximately 11.764 acres to High Density Residential District (R-40) and Community Business District (C-C) is granted subject to the terms and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of 11.764 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 enter into a Development Agreement that provides in the event the conditions therein are not met by the Developer that the property shall be subject to de-annexation, with the City of Meridian, which provides for the following conditions of development, with the exception of the zoning of C-G for the commercial lots which is recommended to be C-C subject to the following, to-wit: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: FINDINGS OF FACT A1'{D CONCLUSIONS OF LAW- AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING BY LOCUST GROVE APARTMENTS, LLCFOR PROPOSED LOCUST GROVE PLACE - (AZ-0l-002) Page 13 3.1 A Development Agreement shall be required as a condition of annexation. 3.2 The requested C-G zone for Lots 1-5 and 7-9, Block 1, shall be down-zoned to a C-C zone. Note: Applicant has agreed to this zoning. 3.3 The requested R-40 zone for Lot 6, Block 1 shall be capped with a maximum of20 d.u./acre as a condition of the Development Agreement. 3-4 The Development Agreement shall restrict the otherwise permitted C-C zone uses listed below: a. Automobile vVashing Facilities b. Convenience Stores c. Department Stores d. Entertainment Centers e. Restaurants The City Council shall allow a restaurant on Lots 7 and 8 "Without re-submittal of a Conditional Use Permit, a restaurant be restricted from Lots 2 and 3, and a restaurant be allowed on Lots 4 and 5 "With re-submittal of a Conditional Use Permit. 3.5 Hours of Operation: No details of hours of operation for the commercial lots was provided in the application. If annexation and zoning of the commercial zoning is approved, all future commercial uses in Lots 1-5 and 7-9 shall be limited to hours of operation of 7:00am to 10:oopm, or as otherwise determined by the Commission and Council. 3.6 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the parcel shall be tiled per City Ordinance 12-4-13, except the Jackson Drain shall be left open to retain its natural features. Plans shall 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. 3.7 Any existing domestic wells and/or septic systems within this project shall 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. 3.8 Two-hundred-fifty- and lOo-watt, high-pressure sodium streetlights shall be required at locations designated by the Public 'INorks Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING BY LOCUST GROVE APARTMENTS, LLC FOR PROPOSED LOCUST GROVE PLACE - (AZ-0l-002) Page 14 3.9 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Sections 11-13-4.C. and 12-5-2.M. 3.10 Off street parking shall be provided in accordance with the City of Meridian Ordinance 11-13 for use of property. 3.11 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer COrd. 557,10-1-91) for all off-street parking areas in the proposed future commercial lots. All site drainage shall be contained and disposed of on-site. 3.12 All signage in the proposed future cOffimerciallots shall be in accordance with the standards set forth in Section 11-14 of the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs shall be permitted. 3.13 Provide-foot-wide sidewalks in accordance with City Ordinance Section 12-5-2.K. 3.14 All construction shall conform to the requirements of the Americans with Disabilities Act. 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 ofthe application to (R-40) High Density Residential District and (C-C) Community Business District, and Meridian City Code I 11-7-2 F and I. 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 t 11-21-1 in accordance with the provisions of the annexation and zoning ordinance. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of FINDINGS OF FACT Al'{D CONCLUSIONS OF LAW- Al'{D DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING BY LOCUST GROVE APARTMENTS, LLC FOR PROPOSED LOCUST GROVE PLACE - (AZ-Ql-002) Page 15 Meridian. Pursuant to Idaho Code' 67-6521 an affected person is a person who has an interest in real property which may be adversely affected by the issuance or denial of the annexation and zoning and who may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the 19-t day of VVLcu,~ , 2001. ROLL CALL COUNCILNIAN RON ANDERSON VOTED L~C- COUNCIL1MAN KEITH BIRD VOTED l~ COUNCILWOMAN TAMMY deWEERD VOTED~ COUNCIL WO:MAN CHERIE McCANDLESS VOTED~ :MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: 5-1-01 ~ VOTED MOTION: ~ APPROVED: ti;;I DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and the City Attorney. FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING BY LOCUST GROVE APARTMENTS, LLC FOR PROPOSED LOCUST GROVE PLACE - (AZ-01-002) Page 16 i BYJt~/~~-i' 9. Ity Clerk Dated: z:\ Work\M\Meridian\Mendian 15360M\Locust Grove Place AZ PP CUP\AZFindingsClsOrder.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING BY LOCUST GROVE APARTMENTS, LLC FOR PROPOSED LOCUST GROVE PLACE - (AZ-0l-002) -- .... Page 17 August 16,2002 MERIDIAN CITY COUNCIL MEETING APPLICANT August 20, 2002 ITEM NO. 3-t REQUEST Water Main Easement, Sundance Investments -- Sunstone Building in Silverstone Subdivision 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 CaMP ANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: See Attached Memo p {IJ~ Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. ~, ' Gity of Meridian ' . ~ "Public ,Wo,rks, Dept. " , AUn 11. 20Ut emo 't;iiJBCEIV'ET) . ,\ J_" To: Mayor Corrie From:Gary D. Smith, PE CC: file Date: August 12, 2002 Re: Waterline Easement - Silverstone Subdivision CITY OF MERIDIAN CITY CLERK OFF!CF Mayor: Attached is a waterline easement needing City Council approval. I would appreciate it if you could place this item on the "Consent Agenda" at the next available City Council meeting for approval. This waterline easement is for the Sunstone Building that is being built in the Silverstone Subdivision at Overland and Eagle roads. This submittal includes the easement document, legal description and drawing showing the easement. If you have any questions please call. ~7!;- Gary From the desk of... Gary D. Smith,. PE Public Works Director Meridian Public Works Department 660 E. Watertower Lane, Suite 200 Meridian, Idaho 83642 . Page 1 (208) 898-S5OO Fax: (208) 887.1297 WATER MAIN EASEMENT THIS INDENTURE, made this ~ day of ~, 20.Q.1.between Sundance Investments Limited Partnership, the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation, maintenance, repair, replacement of a water main over and across the following described property: (SEE A TT ACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a water line and their allied facilities, together with their maintenance, additional connection thereto, repair and replacement at the convenience ofthe Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs, performing other maintenance or making subsequent connection to the water line, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. Sunstone Water Main Easement Page I SUNSTONE-WTR.doc THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: SUNDANCE INVESTMENTS UMITED PARTNERSHIP CQ.~ Chris Anderson Vice-President of Sundance Company and Authorized Agent of Sundance Investments Limited Partnership STATE OF IDAHO) ) ss County of Ada ) On this -'zt'-\\'\ day of C', ~n,-) ,20cL,-before me, the undersigned, a Notary Public in and for said State, personally appeared Chris Anderson, known or identified to me to be the Vice-President and Authorized Agent of Sun dance Investments Limited Partnership who subscribed said partnership name to the foregoing instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. ",UII."" ", '" " \..'8 Y PR '"', ........ .\.~ ........ 0(> " ~ c.,'~.. .. .r. · ~.. .. 0 -:. : .. ~OTAh .....,o~ : ,.. : crr r. : .. . . .. : . ~.--.. . : : ~j:J :*: ';. tJl.. V13L\C.. : ':... .;-. -. .. ~ ,,~ -/ ... ...0': v ^ 1iII"'........ ...'\.' .... If' .( l~ ~"" ...... ~'. <.: 0"' 1'0 "'" ," ........,'" '. ....."" ~"ao.l.';:H"'" Sunstone Water Main Easement -' ,-- , i J ~ .--- NOT AR Y PU Lie FOR IDAHO Residing at ~-~.r;\ ~"\'. \c\ Commission Expires: \"L. \ \,... . ( -..., 0 Page 2 SUNSTONE-WTR.doc ( ( GRANTEE: CITY OF MERlO IAN Robert D. Corrie, Mayor Attest by William G. Berg, City Clerk Approved By City COlUlcil On: Sunstone Water Main Easement Page 3 SUNSTONE- WTR.doc ( 1\. "LEY'S LAND SURVEYING ( 2501 Bogus B'a""fl Rd. . Boise, Idaho 83702 (208) 385w0636 Fax (208) 385w0696 Project No.: 2438 Date: April 18, 2002 EXHIBIT "A" DESCRIPTION OF WATER LINE EASEMENT FOR SUNSTONE PLACE BUILDING of PROPOSED LOT 6. BLOCK 2 SILVERSTONE SUBDIVISION A parcel of land situated in the SW 1/4 of the NW 1/4 of Section 21, T.3N., R.1 E., B.M., Meridian, Ada County, Idaho, said parcel being more particularly described as follows: COMMENCING at a brass cap marking the Northwest corner of said Section 21; thence along the North line of said Section 21 South 89013'50" East 1332.50 feet to the Northeast corner of the NW 1/4 of the NW 1/4 of said Section 21; thence along the East line of said NW 1/4 of the NW 1/4 of Section 21 and the East line of said SW 1/4 of the NW 1/4 of Section 21 South 00013'16" West 2440.51 feet to a point; thence leaving said East line North 89047'32" West 10.51 feet to a point of curve; thence along the arc of a curve to the right having a radius of 273.00 feet, a central angle of 04"18'17", a length of 20.51 feet and a long chord that bears North 87"38'23" West 20.51 feet to the POINT OF BEGINNING; thence continuing along the arc of a curve to the right having a radius of 273.00 feet, a central angle of 04"13'29", a length of 20.13 feet and a long chord that bears North 83"22'30"" West 20.13 feet to a point; thence North 00"13'16" East 333.84 feet to a point; thence North 89043'49" West 10.00 feet to a point; thence North 00013'16" East 15.00 feet to a point; thence North 89043'49" West 495.82 feet to a point; thence South 00009'03" East 22.00 feet to a point; thence North 89"43'49" West 20.00 feet to a point; thence North 00009'03" West 360.86 feet to a point; thence South 89050'57" West 44.56 feet to a point; thence North 27"36'44" West 30.29 feet to a point on a curve; thence along the arc of a curve to the left having a radius of 340.00 feet, a central angle of 03037'43", a length of 21.53 feet and a long chord that bears North 40"39'48" East 21.53 feet to a point; thence South 27"36'44" East 26.11 feet to a point; thence North 89050'57" East 52.41 feet to a point; thence South 00009'03" East 245.96 feet to a point; thence at right angles North 89"50'57" East 15.00 feet to a point; thence at right angles South 00009'03" East 20.00 feet to a point; thence at right angles 2438-Water-ease.doc - dnm TEALEY'S LAN( SURVEYING 2501 BOGUS BASIN i. '. BOISE, IDAHO 83702'(208) 385.0636 Project No.: 2438 Exhibit "A" (cont.) Sunstone Place Building Water Line Easement Page 2 South 89"50'57" West 15.00 feet to a point; thence at right angles South 00"09'03" East 73.05 feet to a point; thence South 89"43'49" East 505,95 feet to a point; thence North 00"13'16" East 100.35 feet to a point; thence North 44"46'44" West 44.60 feet to a point; thence North 00"13'16" East 122.89 feet to a point; thence North 22"15'10" West 102.97 feet to a point; thence North 44"45'10" West 48.66 feet to a point; thence North 67'" 15'10" West 49.31 feet to a point; thence North 89"45'10" West 136.11 feet to a point; thence South DO" 14'50" West 18.12 feet to a point; thence at right angles North 89"45'10" West 20.00 feet to a point; thence at right angles North 00" 14'50" East 18.12 feet to a point; thence at right angles North 89"45'10" West 193.42 feet to a point; thence North 69"OT06" West 39,05 feet to a point on a curve; thence along the arc of a curve to the left having a radius of 340.00 feet, a central angle of 03"23'05", a length of 20.09 feet and a long chord that bears North 26"04'33" East 20.08 feet to a point; thence South 69"07'06" East 33.59 feet to a point; thence South 89"45'10" East 349.87 feet to a point; thence South 67"'15'10" East 57.27 feet to a point; thence South 44"45'10" East 56.61 feet to a point; thence South 22"15'10" East 110.93 feet to a point; thence South 00"13'16" West 118.58 feet to a point; thence South 44"46'44" East 44.60 feet to a point; thence South 00"13'16" West 479.72 feet to the POINT OF BEGINNING. 2438-Water-ease.doc - dnm EXHIBIT "E" PROF" ED WATERLINE EASEMENT SUNSTONE PLACE BUILDING SllUA lED IN mE SW 1/4 Of lHE NW 1/4, !X:CTlON 21, ON., R.1E., 8.U. t.lERlDfAN, ADA COUNlY, IDAHO 589.13'50. E 133:250' EAST l/16TH COR. ii\ ci .... .... N .tV: % c <::> ~ JL 1[' I" f- a ...J 0 W en 0 0. 0 0:: 0. )t l~ ('\ l~ o In o I 200 I 438-water-ease,dwg 04-18-02 ( August 16,2002 MERIDIAN CITY COUNCIL MEETING APPLICANT August 20, 2002 ITEM NO. ~-rn. REQUEST Contract for Reimbursement by Kevin Howell for sewer services off the White Drain Trunk through Cedar Springs Subdivision AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: See Attached Memo ~~ Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of MerIdian. City of Meridian, Public Works Engineering ECEIVE . To: Mayor Corrie & City Council From: Kane Glenn CC: File, Gary Smith, PE, City Clerk Date: 08/1212002 Ra: Proposed Agenda Items for August 20 City Council Meeting , f '~ CITY OF MERIDIAN CITY CLERK OFFICF The Public Works Department respectfully requests that the following item be placed on the August 20 City Council agenda, on the Consent Agenda, for Council's consideration: 1. Contract for Reimbursement bv Kevin HowelL Kevin Howell, Developer of Cedar Sprtngs, requests to enter into a contract with the City. The City would have the Contractor for the White Drain Sanitary Trunk Project construct 4n sewer services associated with trunk line through the proposed Cedar Springs Subdivision. From the desk of... Karie A Glenn Dept. Specialist Supervisor Public Works: Engineering Division 660 E Watertower Ste 200 Meridian, Idaho 83642-2600 (208) 898-5500 Fax: (208) 887-1297 . Page 1 4~ ~!J;~liIi Date: 8/6/02 r Leder of Transmittal RECEIVED J~UG 0 6 ZOOl MERiDiAN cm' ENG\NEER . To: Brad Watson, P.E. Subject: White Drain Sewer Trunk Line Enclosed are the following items: Date Copies No. Descriotion 7/24/02 1 Contract for Kevin Howell to reimburse City for sewer service installation. Brad, Kevin Howell called today and said go ahead and give the Contract to you. Thanks Donn These are transmitted: o For your files o For action 0 For review specified above and comment o For your use 0 As requested Sincerely, KELLER ASSOCIATES, INC. f)~~ ------- Donn Carnahan, P .E. Enclosure(s) cc: 131 SW 5TH A VENUE, SUITE A, MERIDIAN, IDAHO 83642 (208) 288.1992 ff enclosures are not as noted. please notify us at once. CITY OF MERIDIAN 660 E. Watertower, Suite 200 Meridian, Idaho 83642 CONTRACT PROJECT # & DESCRIPTION City of Meridian, White Drain Sanitary Sewer Trunk, Ten Mile Rd. to Locust Grove Rd. THIS CONTRACT, made this day of , 20_, between the City of Meridian, acting by its Mayor and Council, by the City Engineer or his authorized representative, herein called "CITY" and Howell-Murdock Development Corp. herein called "Developer". NOW THEREFORE, the parties hereto agree as follows: 1. The City agrees to have the Contractor for the White Drain Sanitary Sewer Trunk Project construct 4" sewer services, according to City of Meridian standard sewer service connection detail 7.16(S), associated with the trunk line through the proposed Cedar Spring Subdivision. The Developer, by signing this contract, authorizes the City to have the sewer service work constructed and the Developer agrees to reimburse the City for the cost of this work. The unit bid price established for this project is $17.50 per linear foot of 4" sewer service constructed. The Developer shall reimbursement the City within 30 days of sewer service work completion. 2. The Developer shalt provide the City information on the horizontal and vertical location of the 4" sewer service stubs. 3. The Developer shall provide construction staking for the 4" sewer service work. IN WITNESS WHEREOF, the parties have executed this Contract the day and year first above written. CITY of Meridian Robert D. Corrie, Mayor DEVELOPER: By:'7 I/) 7Jr,~A/f Date: ? - 7_ I..f - 0 L... By ATTEST: By: William G. Berg, Jr., City Clerk Title: Date: Date: Social Security Number: Approved By Council: 07/24/02 ItL0~1 V ~ll City of Meridian Public Works Dept. AUG ? 1 2u02 "L\Yc' U~; ~; 771CE CITY 0.:' ..uRID!..ll'i Memo To: Mayor Corrie and City Clerk From: Brad Watson, P.E. cc: File Date: 812212002 Re: Approved Item for Signature I am fOlWarding to you for your signature the following contract that was approved by City Council at the August 20 meeting: 1 , Contract for Reimbursement by Kevin Howell for sewer services to White Drain Trunk through Cedar Springs Subdivision, Please forward to Will or Sharon for their attestation when complete. WILL or SHARON: Please retain the original contract and transmit a copy to me for our fifes and transmittal to Mr. Howell. Thank you p-el From the desk of.., Brad WIItson, P.E. city Engineer Meridian Public Works Departmem 660 E. Walertower Lane, Suite 200 Meridian, Idaho 83642 . Page 1 (208) 898-5500 Fax: (208) 8&7-1297 watsonb@ci.meridianidllll CITY OF MERIDIAN 660 E. Watertower, Suite 200 Meridian, Idaho 83642 CONTRACT PROJECT # & DESCRIPTION Citv of Meridian. White Drain Sanitary Sewer Trunk. Ten Mile Rd. to Locust Grove Rd, THIS CONTRACT, made this day of ,20_, between the City of Meridian, acting by its Mayor and Council, by the City Engineer or his authorized representative, herein called "CITY" and Howell-Murdock Development Corp. herein called "Developer". NOW THEREFORE, the parties hereto agree as follows: 1. The City agrees to have the Contractor for the White Drain Sanitary Sewer Trunk Project construct 4" sewer services, according to City of Meridian standard sewer service connection detail 7.16(5), associated with the trunk line through the proposed Cedar Spring Subdivision. The Developer, by signing this contract, authorizes the City to have the sewer service work constructed and the Developer agrees to reimburse the City for the cost of this work. The unit bid price established for this project is $17.50 per linear foot of 4" sewer service constructed. The Developer shall reimbursement the City within 30 days of sewer service work completion. 2. The Developer shall provide the City information on the horizontal and vertical location of the 4" sewer service stubs. 3. The Developer shall provide construction staking for the 4" sewer service work. IN WITNESS WHEREOF, the parties have executed this Contract the day and year first above written. ATTEST: DEVELOPER: BY(~ l/J 7 j"A~d Date: 7 - L 'i ~ 0 L... By By: Title: =:Date: ~ - Date: Approved By Council: 07/24/02 Meridian City Council Meeting Au~ust 20, 2002 The regular meeting of the Meridian City Council was called to order at 6:40 P.M., on Tuesday, August 20, 2002, by Mayor Robert D. Corrie. Members Present: Mayor Robert Corrie, Tammy de Weerd, Keith Bird, Cherie McCandless, and William Nary. Others Present: Chris Nye, Gary Smith, David McKinnon, Brad Watson, Will Berg, Ken Bowers, and Dean Willis. Item 1: Rollwcall Attendance: Roll call. X Tammy de Weerd X Bill Nary X Cherie McCandless X Keith Bird X Mayor Robert Corrie Corrie: I will open the Meridian City Council regular meeting, Tuesday, August the 20th, at 6:40. Sorry for the delay. I want to welcome everyone here this evening and thank you for coming. Council, we will have roll call attendance, please, Mr. Berg. Item 2: Adoption of the Agenda: Corrie: Number 2 item is adoption of the agenda. Is there any changes at this point? Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I would move that we approve the adoption of the agenda as published. Corrie: Okay. McCandless: Second. Corrie: Okay. Motion has been made and seconded. Any further discussion? All those in favor of the motion say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 3: Consent Agenda: A. Approve minutes from July 23, 2002 City Council Regular Meeting: B. Approve minutes from August 6, 2002 City Council Special Meeting: C. Approve minutes from August 6, 2002 City Council Regular Meeting: Meridian City Council Meeting August 20, 2002 Page 2 of 41 D. Approve minutes from August 13, 2002 City Council Special Meeting: F. Findings of Fact and Conclusions of Law for Approval: AZ 02-012 Request for annexation and zoning of 2.02 acres from RUT to R-4 zones by Jerald S. Frank - 231 0 South Locust Grove Road: G. Findings of Fact and Conclusions of Law for Denial: RZ 02-001 Request for a rezone of .97 acres from L-O to C-G zones for Lot 3 Block 2 of Amended Magic View Subdivision for a Subway sandwich shop by Blaine and Cynthia Jacobson - northeast corner of East Magic View Drive and South Allen Street: H. Findings of Fact and Conclusions of Law for Approval: CUP 02- 016 Request for a Conditional Use Permit for an 11, 700 square foot multi-tenant flex space office I warehouse building by Falash & Ross Construction, Inc. - 150 S. Adkins Way, Lot 5 Block 2, Medimont Subdivision, northwest corner of E. Franklin Road and S. Locust Grove Road: I. Findings of Fact and Conclusions of Law for Approval: CUP 02- 017 Request for a Conditional Use Permit for an 11, 700 square foot multi-tenant flex space office I warehouse building by Falash & Ross Construction, Inc. - Lot 10 Block 2, Medimont Subdivision, northwest corner of E. Franklin Road and S. Locust Grove Road: J. Development Agreement: RZ 00-010 Request to rezone 8.88 acres from an R-4 zone to an L-O zone for proposed St. Alphonsus Regional Medical Center Ambulatory Care Center by BRS Architects - southeast corner of Cherry Lane and Ten Mile Road: K. Development Agreement: AZ 01-002 Request for Annexation and Zoning of 11.764 acres from RT to R-40 and C-G for proposed Locust Grove Place by L. C. Development, Inc. - west side of Locust Grove Road, south of Fairview Avenue: L. Water Main Easement, Sundance Investments - Sunstone Building in Silverstone Subdivision: M. Contract for Reimbursement by Kevin Howell for sewer services off the White Drain Trunk through Cedar Springs Subdivision: Corrie: Item 3 is the Consent Agenda Are there any items we wish pull off on the Consent Agenda, A through M? Bird: Mr. Mayor? Meridian City Council Meeting August20,2002 Page 3 of 41 Corrie: Mr. Bird. Bird: I would move that we pull Item E, Order Granting Appeal for Walt Morrow, to Item 5-E on the Regular Agenda and with that change I would move that we approve the Consent Agenda as published. Nary: Second. Corrie: Okay. Motion has been made and seconded to approve the Consent Agenda with E being removed to go to Item Number 5. And any further discussion? Hearing none, roll-call vote, Mr. Berg. Roll call vote: McCandless, aye; Nary, aye; DeWeerd, aye; Bird, aye, Corrie: All ayes. Motion is carried.. . MOTION CARRIED: ALL AYES. Item 4: Department Reports: A. Public Works Department: 1. Award of Meridian High School Main Line Project: Corrie: Item Number 4, Department Reports, Public Works. Gary Smith. Smith: Thank you, Mr. Mayor and Council Members. The item we have tonight is an award of the Meridian High School Main Line Water Project. Four requests for price were solicited and three construction firms responded. The low bidder was Star Construction and they have done several projects for us in the past and have done a good job for us. We would recommend that the Council award this contract for the Meridian High School Main Line Project to start construction in the amount of 18,972 dollars, authorize the Mayor to sign and the City Clerk to attest the agreement. Corrie: Okay. Council, any discussion? Bird: I have none. Corrie: Okay. Hearing none, I'll entertain a motion on the request. McCandiess: Mr. Mayor? Corrie: Mrs. McCandless. McCandless: I move that we award the contract for Meridian High School Main Line Project to Star Construction in the amount of 18,972 dollars, authorize the Mayor to sign and the Clerk to attest. August 16. 2002 Department Reports MERIDIAN CITY COUNCIL MEETING APPLICANT Public Works Department REQUEST Award of Meridian High School Main Line Project August 20,2002 ITEM NO. 4-A- '- 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 to v~,l &y ~~ )r1J ~ if'l;l M P (J, i;l I. 1ft,.) q 1 iP ~~ \ ~l Contacted: Date: Phone: Materials presented at pUblic meetings shall become property of the City ot Meridian. City of Meridian ~ Public Works Dept. Memo ECEIVE To: Brad Watson From: Lenard Grady I(J ;.. cc: Gary Smith Date: 8/15/2002 CITY OF MERIDIAN CITY CLERK OFF/(;F Re: Proposed Agenda Items for August 20, 2002 City Council Meeting The Public Works Department respectfully requests the following items be placed on the August 20 City Council agenda, under Department Reports, for Council's consideration: Award of Meridian Hiah School Main Line Proiect. In order to provide increased fire-flows at the Meridian High School, an additional 10-inch water main is required. The engineer's estimate is $23,443.Four bids were solicited for the project as shown below: . Star Construction Cascade Pipeline lrminger Construction Brown Construction $18,972.00 $29,826.00 $20,912.00 No Response . . . Star Construction has the lowest bid and has done several successful projects for the City of Meridian. Recommended CO~l)cjt ,Acfjon: TIJ,~ P'-1lpJic Works Dep~rtment recommends that City Council aw'l~ the bdntract todVlerldian High School Main Line Project to Star Construction for the amount of $1~,~72.00 ~nd authorize the Mayor to sign and the City Clerk to attest the agreement. " From the desk of... Thank you for your consideration. Please contact me if you have any questions regarding any of these items. Lenard Gmdy SlaffEngineer Meridian Public Works Department 660 K Watertower, Suite 200 Meridian, Idaho 83642 (208) 898-5500 Fax: (208) 8&7-1297 gmdyl@ci.meridianidllll . Page 1 ADA COUNTY RECORDER j, Q~\VJQ Nf,W,Rr\O t~ -:.i ~ :-::-,~,_ ~ tD /\ ~':D ( :COROED - REOUES Gf~5 fEE~OEPUTY, 102098127 2002 AU 29 ~i'1 9: 13 MER\DiAN C\l'{ CITY OF MERIDIAN ORDINANCE NO. 02- 97 tJ AN ORDINANCE FINDING THAT SAINT ALPHONSUS REGIONAL MEDICAL CENTER IS THE OWNER OF CERTAIN REAL PROPERTY AND HAS .MADE A WRITTEN REQUEST FOR REZONE OF THE ZONING CLASSIFICA nON FOR REAL PROPERTY SOUTHEAST CORNER OF TEN MILE ROAD AND CHERRY LANE, MERIDIAN, IDAHO, THAT LIES WITHIN THE BOUNDARIES OF THE CITY OF MERIDIAN FROM R-4 (LOW DENSITY RESIDENTIAL DISTRICT) ZONING DISTRICT TO L-O (LIMITED OFFICE DISTRICT) AS DEFINED UNDER MERIDIAN CITY CODE ~ 11-7-2 G, REPEALING ALL ORDINANCES, RESOLUTIONS ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID REZONING DESIGNA nON TO THE OFFICIAL MAPS OF THE CITY OF MERIDIAN, IDAHO. BE IT ORDAINED BY THE .MAYOR AND THE COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. FINDINGS: 1. The owner ofthe following described property has made a written request for a re-zone of the zoning classification for the subject Real Property herein described from R-4 (Low Density Residential) District to L-O (Limited Office) District as defined under Meridian City Code 9 11-7-2 G; and 2. The City of Meridian Planning and Zoning Commission and City Council having given notice and conducted all public hearings in accordance with law and having issued its findings offact and conclusions of law and Decision and Order granting the application for rezone; and ST. AL'S / (L-O) RZ-OO-010 / RE-ZONE ORDINANCE - 1 ( 3. The real property which is the subject of this ordinance is legally described as follows: A parcel of land located in Section 11, Township 3 North, Range 1 West of the Boise Meridian, Ada County, Idaho more particularly described as follows: Commencing at the corner common to Sections 2,3, 10 and 11 of Township 3 North, Range 1 West of the Boise Meridian, Ada County, Idaho from which point the North 1/4 comer of said Section 11 bears South 89003'40" East a distance of2653.23 feet; thence South 00000'00" West along the westerly boundary line of said Section 11 a distance of 300.00 feet; thence leaving said Section line South 89003140" East a distance of 45.01 feet to the TRUE POINT OF BEGINNING; thence South 89003140" East a distance of 681.14 feet; thence South 00000'00" West a distance of274.92 feet; thence South 89020100" East a distance of 416.35 feet; thence North 00000100" East a distance of 522.38 feet to a point on the southerly right-of-way line of Cherry Lane; thence along said southerly right-of- way line, North 89007'3111 West a distance of 1067.02 feet; thence South 44030145" West a distance of 43.47 feet to a point on the easterly right-of-way line ofTen Mile Road; thence along said easterly right-of-way line South 00000'0011 West a distance of216.74 feet to the POINT OF BEGINNING. Said parcel contains 386,613 square feet or 8.88 acres more or less. 4. The following conditions shall be required as follows to-wit: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 4.1 The Applicant shall be required to enter into a Development Agreement with the City. 4.2 The following conditions pertaining to the proposed bank site shall be included in the Development Agreement: a. The bank parcel, as configured, has been shown for conceptual approval within the context ofthe proposed rezone. Ifthere are significant modifications, as determined by staff, at the time a specific bank and site configuration are determined, such modifications shall require application for a modification of the current CUPIPUD application. As a modification, the bank parcel shall be reviewed on its own merit and either approved or ST. AL'S I (L-O) RZ-OO-OIO / RE-ZONE ORDINANCE - 2 denied without jeopardizing or compromising the approval of the current CUP/PUD application for Saint Alphonsus Medical Office Building, Significant modifications shall include, but not be limited to, expansion of the total building square footage, addition of any drive-thru aisles, change in building height (e.g. anything above single story), etc. Additionally, in the event a bank project does not materialize, then applicant shall be allowed to develop any other principally allowed L-O use on that parcel, subject to staff's review and approval. lfthe nature of such a development were determined by staff to exceed the conceptual intent of the current CUP/PUD, then that change would also be require a modification as noted above. To clarifY, any such modification shall be reviewed on its own merit. To clarify, the bank parcel is conceptual at this point. Any future development or action on this parcel is intended to be independent of the current application and approvals, specifically the ambulatory care/medical office building portion. The bank parcel, in no way, shall jeopardize the ability to proceed with the balance ofthe development. b. The construction materials for the proposed bank must include metal roofing and either brick or brick veneer. The material color palette presented are conceptual at this time. Applicant has freedom to modify colors in the future, subject to staff's review. c. All required parking stalls and landscaping must be located within the boundaries of the future bank parcel. As proposed, the row of nine (9) stalls along the east boundary of the bank parcel have no access to the bank. Applicant has updated the Master Site Development Plan providing an access point through the landscape berm along the east property line of the bank parcel to allow more direct access from these (9) parking stalls to the bank. 43 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. 4.4 Offstreet parking shall be provided in accordance with the city of Meridian ordinance 11-13 for use of undeveloped lots. ST. AL'S / (L-O) RZ-OO-OlO / RE-ZONE ORDINANCE - 3 4.5 Outside lighting shall be designed and placed in accordance with City Ordinance Sections 11-13-4.C. and 12-5-2.M. 4.6 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas, All site drainage shall be contained and disposed of on- site. 4.7 All signage shall be in accordance with the standards set forth in Section 11-14 of the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs will be permitted. 4.8 Provide five-foot-wide sidewalks in accordance with City Ordinance Section 12-5-2.K. 4.9 All construction shall conform to the requirements of the Americans with Disabilities Act Adopt the Recommendations of the Ada County Highway District as follows: 4.10 Construct a 30 to 35-foot wide right-inJright-out driveway on Ten Mile Road located approximately 220-feet south of the signalized intersection at Cherry Lane as proposed. Construct a six-inch raised median in the center ofTen Mile Road, from a point lO-feet south of the stop bar at the intersection to a point approximately 40-feet south of the southern edge of driveway. The median shall be constructed to NOT restrict the existing driveways on Ten Mile Road. Coordinate the design and location of the median with District staff. Submit a design of the median to the District's Traffic Service's Supervisor for review and a letter of approval. 4.11 Construct a 30 to 35-foot wide right-in/right-out driveway on Cherry Lane located approximately 230-feet east ofthe signalized intersection at Ten Mile Road as proposed. Construct an on-site median to restrict the driveway to right-in/right-out operations. Submit a design of the median to the District's Traffic Service's Supervisor for review and a letter of approval. Sign the driveway for right turn movements. The applicant may construct this driveway a maximum width of 40- feet to accommodate the on-site median. ST. AL'S / (L-O) RZ-00-010 / RE-ZONE ORDINANCE - 4 4.12 Construct a 46-foot wide driveway on Cherry Lane located to align or offset a minimum of 150-feet from any existing or proposed driveways. Submit a site plan that indicates existing driveway locations on the north side of Cherry Lane to verify that the proposed driveway meets District policy. The eastern most driveway on Cherry Lane shall be shifted approximately 60 feet to the east to accommodate this policy. The revised Master Site Development Plan reflects this change. An island is required within the driveway and should be constructed a minimum of 4-feet wide and located outside of the public right-of-way. 4.13 Construct a 30 to 35-foot wide driveway on Cherry Lane located to align or offset a minimum of 150-feet from any existing or proposed driveways. Submit a site plan that indicates existing driveway locations on the north side of Cherry Lane to verify that the proposed driveway meets District policy. 4,14 Pave all of the driveways their full width and at least 30-feet into the site beyond the edge of pavement with 15-foot curb radii 4.15 Replace any unused curb cuts on Ten Mile Road or Cherry Lane with standard curb, gutter and concrete sidewalk to match existing improvements. 4.16 Replace any damaged curb, gutter andlor sidewalk on Cherry Lane or Ten Mile Road with new curb, gutter andlor concrete sidewalk to match existing improvements. Segments to be replaced shall be determined by ACHD Construction Services staff 4.17 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District, 4.18 Other than the access points specifically approved with this application, direct lot or parcel access to Ten Mile Road or Cherry Lane is prohibited. Adopt the additional action ofthe Council from their February 20,2001, meeting by incorporating the Applicant's letter of 02/12/0 1 as follows: 4.19 Pertaining to the site lighting, the applicant shall comply with the ordinance requirements, and specifically, the site lighting shall be designed so that light does not directly reflect or spill over into adjacent residential districts, that the site lighting arrangement shall be approved by the City Engineer and that applicant ST. AL'S I (L-O) RZ-00-OI0 I RE-ZONE ORDINANCE - 5 comply with the listed site lighting standards. A Conceptual Site Lighting Plan has been submitted to show the proposed site lighting arrangement, light levels and fixture types, and is on file with the City Clerk's office, 4.20 The "Hours of Business Operation" shall be defined as "Hours during which the facility is actually open for business and patients are on the premises being seen or treated." Additionally, to clarify facility maintenance, before or after hours staff preparation or other similar activities occurring when the facility is not open for business are not subject to "Hours of Business Operation" restrictions. SECTION 2. That the above-described Property be, and the same is hereby re-zoned and designed (L-O) Limited Office District. SECTION 3. That the City Engineer is hereby direct to alter all use and area maps as well as the official zoning maps depicting the City of Meridian land use zones in accordance with this ordinance. SECTION 4: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 5. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. 2o-lf- ~SED BY THE COUNOL OF THE CITY OF MERIDIAN, IDAHO, this. day of d~ ,2002. ST. AL'S / (L-O) RZ-OO-OlO / RE-ZONE ORDINANCE - 6 ( -fA APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 20 - day of ~a ,2002. - ATTEST: ~ ~ ::: ~ YG 6' g '-' . u ,Qi 0 ::: City Clerk ~ <) ;Sr 18\ . ~..f First Reading: 8~ ZtJ-tJ ~ .............~ COU~JT'{ . \O~\\\\" II .. ~\ Adopted after first reading by~penSion O1lthe;Rllte\i:tS allowed pursuant to Idaho Code 50-902 Yes: No: Second Reading: -- Third Reading: STATE OF IDAHO,) : ss. County of Ada, ) On this 1.0 day of AVJ'6 U.:~+, , before me, the undersigned, a Notary Public in and for said State, personally 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. .1> -NEil. D .ill' ... .. 0 SA!.. .~~6T~~~. DC, / ~ -.;-. ~~~ .ill' J \ a a I , ~ . : : III 1> I , III ~ \ I : RESIDING AT: A~Ot c.x,~ Jd ...cP~~1:~i.O^.. MY COMMISSION EXPIRES: '.Lf.-:zR-o-S- · ~';~li?~---!Q~.'" .o../il~ll.. msg\Z:\ Work\M\Meridian\Meridian 1~360M\StAls RZO lOCUP056\RZOrdinance (SEAL) ~htvml t7Y1i/-0 NOTARY PUBLIC FOR IDAHO ST, AL'S I (L-O) RZ-OO-OlO IRE-ZONE ORDINANCE - 7 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. tlZ,-C/7o passed by the City Council of the City of Meridian, on the :zotl.- day of .l7u--pu...i;l- 2c;?o 2-, is a true and correct copy of the original of said document which is in tne care, custody and control \1fl\1ihl:llk;~J7y. Clerk of the City of Meridian. ",,~~ Of ~liEALttl",; " ~"'\ ~"/.<1 ,;......... .f' c} Ot\flO~ h" ......v /~ f R "0 %_'A-~~~ I 9- ~ ~ & WELLIAM G. BERG, JR. ~ ~ "os 0 ~ ~ "1A USr 15\ . ~;:; ". '<../ b.: ~ ~ :.<1 ~~. " ....,;/ COUNT'! ~" STATE OF IDAHO, /IIIII),IIJilH 111\\~"'\\\' ss. County of Ada, ) On this 1>> da:>: of ~-t{ ~+ ,in the year Zooz- , before me, ~Cl(tYl S yVU.,.~ ,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) ._'11I11I II lII&e .... 9J'L~~.. ..~~oTA.J?>,c..~. _0,' ~ "r '(""""13 .. t \ 1\ III I 1 III II I I III .. I f II 1\ \ t ill 'Ill \ l II 'Ill. d""..fo.BL\C~~o.. ..~.;;.--~~~ ~.. ....~OFtP.. ...."... ~hMrY2SrrU~ Notary Public for Idaho Commission Expires: 1 .-28- -o~ msg\Z:\W ork\M\Meridian\Meridian 15360M\StAls RZO I OCUP05 6\CertificationOfClerkRZOrd CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN - 1 RZ-OO-006 ~Dt, COUNTY RECORDER .J, r)/wlO ~1AVARRO fJ,'JiS;:, ;D,~\~'~0 Rfi ,OED - REOUEST or " 11lS FEE if" OEPUTY~ 102098128 ( 2002 AU 29 Ai'1 9: 13 - MeRlO/AN CITY CITY OF MERIDIAN ORDINANCE NO. tl2 - c; 7 / AN ORDINANCE FINDING THAT CERTAIN LAND TO BE KNOWN AS TUSCANY LAKES SUBDIVISION LOCATED WEST OF S. EAGLE ROAD AND SOUTH OF E. VICTORY 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 MARTY GOLDSMITH, WALTER SIMONT AND RAYMOND SMITH, JEAN AND RICHARDSON BURNETT F AMIL Y TRUST, WHICH PERSONS MAKE UP F ARWEST, LLC AND 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 CLERK 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 63-2215. 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: A parcel ofland located in the north Yz of Section 29, Township 3 North, Range lEast of the Boise Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the northwest comer of Section 29, T3N., RIE., RM" thence S. 0014'24" W 1322.87 feet along the west line of said Section 29 to the northwest ANNEXATION AND ZONING ORDINANCE (AZ-02-005) - 1 comer ofthe south 12 of the NW Y4, the REAL POINT OF BEGINNING of this description; Thence S 89036' 13" E 520.48 feet along the north line of said south 12 to a point; Thence N 51058 '04" E 87.93 feet to a point; Thence N 46000'49" W 150.80 feet to a point; Thence N 18001 '28" E 385.82 feet to a point; Thence S 72047'45" E 841.76 feet to a point on the centerline of the Eight-Mile Lateral; Along said centerline the following: Thence S 4045'54" E 111.17 feet to a point of curvature; Thence 123.47 feet along a curve to the left, said curve having a radius of250.00 feet, a central angle of28017'48", a tangent of63.02 feet and a chord of 122.22 feet which bears S 18054'48" E to a point of tangency; Thence S 33003'42" E 16.09 feet to a point of curvature; Thence 49.89 feet along a curve to the right, said curve having a radius of350.00 feet, a central angle of 08010'01", a tangent of24.99 feet and a chord of 49.85 feet which bears S 28058'42" E to a point on the north line of the south 12 of the NW Y4 of said Section 29; Leaving said centerline: Thence S 89036'13" E 1193.74 feetto the northeast comer of said South 12 of the NW1/4; Thence S 0015'20" W 1042.84 feet along the east line of said south 12 of the NW l;4 to a point on the centerline of the Ridenbaugh Canal; Along the centerline of the Ridenbaugh Canal the following: Thence N 46001 '42" E 147.75 to a point of curvature; Thence 161.84 feet along a curve to the left, said curve having a radius of750.00 feet, a central angle of 12021 '48", a tangent of81.23 feet and a chord of 161.52 feet which bears N 39050'48" E to a point of tangency; Thence N 33039' 54" E 488.53 feet to a point of curvature; Thence 134.02 feet along a curve to the left, said curve having a radius of 750.00 feet, a central angle of 10014' 18", a tangent of 67.19 feet and a chord of 133.84 feet which bears N 28032'45" E to a point of tangency; Thence N 23025'36" E 313.49 feet to point on the north line of the south 12 of the NE 114; Leaving said centerline: Thence S 89037'11" E 4.91 feet to the southwest comer of the east 12 of the NW Y4 of the NE Y4; Thence N 0018 '31" E 11.51 feet along the west line of the east 12 of the NW Y4 of the NE l;4 to a point on the centerline of the Ridenbaugh Canal; Along said centerline the following: Thence N 23025 '36" E 950.12 feet to a point of curvature; ANNEXATION AND ZONING ORDINANCE (AZ-02-005) - 2 Thence 148.92 feet along a curve to the left, said curve having a radius of200.00 feet, a central angle of 42039'48", a tangent of78.10 feet and a chord of 145.51 feet which bears N 2005'42" E to a point of tangency; Thence N 19014' 12" W 150.61 feetto a point of curvature; Thence 160.51 feet along a curve to the left, said curve having a radius of250.00 feet, a central angle of 36047' 12", a tangent of 83.13 feet and a chord of 157.77 feet which bears N 37037'48" W to a point oftangency; Thence N 56001 '24" W 43.02 feet to a point on the north line of said Section 29; Leaving said centerline: Thence S 89036'38" E 476.32 feet to the east 1/16 corner common to Sections 20 and 29; Thence S 89036'44" E 670.56 feet along the north line of the NE 14 to a point on the east line of the west Y:z of the NE '4 of the NE '4 of said Section 29; Thence S 0028'30" W 1291.05 feet along said east line of the west Y:z ofthe NE 14 of the NE 14 to a point; Thence S 89037' 11" E 670.98 feet to a point on the east line of said Section 29; Thence S 0027'45" W 1290.94 feet along said east line to a point; Thence N 89037'43" W 1336.68 feet to a point on the west line of the SE 'l4 ofthe NE '4 of said Section 29; Thence S 0021 '39" W 60.00 feet to the southeast corner of the SW '4 of the NE 'l4 of Section 29; Thence N 89037'43" W 1336.57 feet to the southwest corner ofthe NE 14 (center '4 corner) of said Section 29; Thence N 89038'09" W 2679.90 feet to the southwest comer ofNW 'l4 (west 'l4 corner) of said Section 29; Thence N 0014 '24" E 1322.87 feet along the west line of said Section 29 to the REAL POINT OF BEGINNING of this description. This parcel contains 193.78 acres, 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 of 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 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. ANNEXATION AND ZONING ORDINANCE (AZ-02-005) - 3 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. SECTION 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 with the State Tax Commission of the State ofIdaho, all in compliance with Idaho Code 963-2215 and 950-223. ?fJ-I!? P1-~SED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this?f./ day of ~J6- ,2002. APhROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, tbis ;204- day of /7 t4r.A-f f- , 2002. ~~~ ,'" ~I f fJU::.ftN...'II" ,'" .-!--.. 11...1/ '... ........ ~, '-'1 ...... ATTEST'. $' (J . .(",o~Ofl'4)"; '1--"'~ ~ -s.r ~o ~ II ff "-~ ~ ....df~fi!3e-:t,~ ~ -,. 8f.1AL '" ~ CITY CLERK V ~ &Q(; ,,~ 0 g First Reading: tJ --20 -0 ~ "1<?~ ;SOr 1S\ . if,f Adopted after first reading by sutPe}).g~t; It:41e'';s allowed pursuant to Idaho Code 50- \./ 'II ", 902 Yes: ^ /IIIIHllltN'6':' Second Reading: Third Reading: ANNEXATION AND ZONING ORDINANCE (AZ-02-00S) - 4 STATE OF IDAHO,) : ss. County of Ada. ) On this 2-0 day nf Au~*, 2002, before me, the undersigned, a Nntary Public in and for said State, personally appeared R BERT D. CORRIE and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk of the CITY of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. "".lIcr_" ...0 N_S.A.J:;;. ..~O'IAJ?"<~. .~'~ J.. ,~.~ :"J/ \ ~ (SEAL) .: ~ l! " I I . . , I Q ~ ' I 0 o ' I I; ...~J1~~~~.. ....~.u0? ~.. 0..811I.:1". Z:\Work\M\Mcridian\Meridian I 5360M\Tuscany Lakes AZ02-005 PP02-006 CUP02-006\AZOrd.doc ANNEXATION AND ZONING ORDINANCE (AZ-02-005) - 5 CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN To: The Recorder, Auditor, Treasurer and Assessor of Ada County, and The State Tax Commission of the State ofIdaho I, WILLIAM G. BERG, JR., City Clerk, of the City of Meridian, Ada County, State of Idaho, do hereby certify that the attached copy of Ordinance No. 02- 171 , passed by the City Council of the City of Meridian, on the 2& a day of ~t, 2002, is a true and correct copy of the original of said document which is in the care, c tody and control of the C1ty Clerk of the City of Meridian. \\\11111111/111/// \\\ r: Ml::' II{ ",\\ -{ Of h~Rl/) 1/1...... " <' fI.<J 'l I (j ~(J'aJ'o""' 00 '-I- \.~. _ A /f _ () [ ~/d-/OU?~ :; f-:l 2NILLIAM G. BERG, JR. ;:; '"P~ 0::: ;;. Q ,,OJ 0 .:: ~"6 V8,. lS\ . ;;:..$ 10~ 'AI ~ 'If ,,'::- STATE OF IDAHO, "'''1--11 CbUNTi . '\ \"" II · \' \ : SS~"IIIJi HlI\\\\ County of Ada, ) On this 1J) day of ~ ~ , in the year ].erJ7- , before me, ~CUruY\ ~ Y'\I'LC~ , 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) ,,11I8."11 .....oN S "+. <<oT~~k. :~l ~ ;;.. "'~.. .. I , III 8 : \ D 8 I r m III I , "' o , , llJ "" \ I eJ III> .. .A-_.c~ (t .A~~"::'U.f:fl.,'\!....' ....'" v.")f~--".;n .v .41"'!.tSCJF J>-':.+ 41.11I1:1._"" %~h6Yl8rvU-tVu Notary Public for Idaho Commission Expires: 4 -1-~ -oC; Z;\Work\M\Meridian\Meridian 1 5360M\Tuscany Lakes AZ02.Q05 PP02-Q06 CUP02-006\CertificationOfClerkOrd.doc CERTIFICA nON OF THE CITY CLERK OF THE CITY OF MERIDIAN AZ-02-005 2002 SP 'I Pi'! 2~ l 3 RECORDEDrR~~Ofl fE~VJS 102103362 t\DA CaUHTY RECORDER frkP J, OAVID NfW/\RRO d \J ~~~'~~:;~F ~ ~nt', r)n 1), M~RlD1AN QlTY_ CITY OF MERIDIAN ORDINANCE NO. 02- q 72-- AN ORDINANCE FINDING THAT CERTAIN LAND TO BE KNOWN AS LOCUST GROVE PLACE THE LOCATION OF 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, L.c. DEVELOPMENT, INC., 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 HIGH DENSITY RESIDENTIAL DISTRICT (R-40) AND COMMUNITY BUSINESS DISTRICT (C-C); AND DECLARING THAT SAID LAND, BY PROPER LEGAL DESCRIPTION AS DESCRIBED BELOW, BE APART OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR P ARTS 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 CLERK 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 63-2215. 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: (R-40) High Densitv Residential A parcel of land situate in the nOliheast quarter of the northeast quarter of Section 7, Township 3 North, Range 1 East, Boise Meridian, Meridian City, Ada County, Idaho, being more patiicularly described as follows: Commencing at the northeast comer of said Section 7; thence SOooOO'45" W, 1,324.72 feet ANNEXATION AND ZONING ORDINANCE (AZ-OI-002) - 1 ( along the easterly boundary of said Section 7 to the southeast comer of the northeast quarter of the northeast quarter of said Section 7; thence S89036'07" W, 206.71 feet along the southerly boundary of the northeast quarter of the northeast quarter of said Section 7 to the Real Point of Beginning: Thence continuing S89036'07" W, 452.60 feet along the southerly boundary of the northeast qualter of the northeast quarter of said Section 7 to the southeast comer of Danbury Fair Subdivision No.2, as shown on the official plat thereof on file in the office of the Ada County, Idaho Recorder; Thence NOl012'31" W, 165.90 feet along the easterly boundary of said Danbury Faire Subdivision No.2; Thence N01 012'45" E, 164,29 feet; Thence N89036'00" E, 10.67 feet; Thence NOooOO'32" E, 536.16 feet to the Jackson Stub Drain; Thence the following courses and distances along the Jackson Stub Drain: N84017'26" E, 318.75 feet; S5504 TOO" E, 117.02 feet; S37048'00" E, 210.67 feet; Thence S52012'00" W, 50.25 feet; Thence N90000'00" W, 63.00 feet; Thence SOooOO'OO" W, 207.51 feet; Thence S90000'00" E, 1.51 feet; Thence SOooOO'OO" W, 424.34 feet to the Real Point of Beginning. Comprising 9.148 acres, more or less. (C-C) Community Business: A parcel of land situate in the nOltheast quarter of the northeast quarter of Section 7, Township 3 North, Range 1 East, Boise Meridian, Meridian City, Ada County, Idaho, being more palticularly described as follows: ANNEXATION AND ZONING ORDINANCE (AZ-OI-002) - 2 Commencing at the northeast comer of said Section 7; thence SOooOO'45" W, 1,324.72 feet along the easterly boundary of said Section 7 to the southeast corner of the nOliheast quarter of the nOliheast qumier of said Section 7, which is the Real Point of Beginning; Thence S89036'07" W, 206,71 feet along the southerly boundmy of the northeast quarter of the northeast quarter of said Section 7; Thence NOOoOO'OO" E, 424.34 feet; Thence N90000'00'' W, 1.51 feet; Thence NOOoOO'OO" E, 207.51 feet; Thence N90000'00'' E, 63.00 feet; Thence N52012'00" E, 50.25 feet to the Jackson Stub Drain; Thence S37048'00" E, 172.33 feet along the Jackson Stub Drain to the easterly boundary of said Section 7; Thence SOooOO'45" W, 525.05 feet along the easterly boundary of said Section 7 to the Real Point of Beginning. Comprising 2.927 acres, more or less. SECTION 2: That the above-described real property be, and the same is hereby mmexed 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 of Meridian hereinabove described shall be zoned High Density Residential District (R-40) and Community Business District (C-C). SECTION 4: That the City Engineer is hereby directed to alter all use 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: The zoning designation set forth in Section 3 of this ANNEXATION AND ZONING ORDINANCE (AZ-OI-002) - 3 ordinance is subject to the telms and conditions of that celiain Development Agreement by and between the City of Meridian and the owner of the land described in Section 1 dated the (/fit-- day of I?t~JI t , '2t/o 2- , and that the uses are to be developed under the planned unit development process and conditional use permit process. SECTION 6: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7: This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8: The Clerk of the City of Meridian shall, within ten (10) days following the effective date ofthis ordinance, duly file a cetiified copy ofthis 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 ofthe County of Ada, State ofIdaho, to- wit: tbe Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho, all in compliance with Idaho Code 963-22]5 and 950-223. ANNEXATION AND ZONING ORDINANCE (AZ-OI-002) - 4 ( PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this ~ -I- ,2002. A&OVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this . ~Jf , 2002. Z-f!- o day of 2~ day of . OR \\\\11111111'"" A,V f M '1, A TTEST: ~"..J 0 Eli,I' III,.. ~' ~ ~ vlt, "... S' () ~():;)A ~1~ ~ ~ cP -, "'I~ ~ ~2~ ~! ~ 0 ~ ITYCLERK ?./";...,-; i2 - L.--C/ -tJ t:-- :C ...r~ First Reading: 0 ~P<yj:. Yes: )( No: Second Reading: Third Reading: STATE OF IDAHO, ) ss, County of Ada. ) On this ZOftrctay of A~U&f . ' 2002, before me, the undersigned, a Notaty Public in and for said State, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the CITY of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) ........il'. .... ...9};:L$.~.. .~oT~)\&. 1fCI:J / ""V .,- ~~.. II I \ . III I I fJ II . . II II , , · .. \ I ., .. \ llr-.C' : ......~..: U.Hl.o'\!..~~O... ....;.f;1.,:,:,--~.;n~. .....I..lSOF~.. lIlII...O. S h tM fn(~rru 1;0 NOTARY PUBLIC FOR IDAHO , RESIDING AT: .M~ ColJItfff{.; JJafVJ MY COMMISSION EXPIRES: t{-7~ -oq Z:\Work\M\Meridian\Meridian I 5360M\Locust Grove Place AZ PP CUP\AZOrd.doc ANNEXATION AND ZONING ORDINANCE (AZ-OI-002) - 5 i. 0 ...., ~ Nm en ~ ;::..: r-c: !Il - era ~ !P ~~ !P \>JI~ 8 0:: G O~ CI 0 bo 0 I.U ZN 6 0 o 0 0 .0:: <( ~N Co 0 ..... o~~ 0:: NO O. 0:: <( (t) ..... 0 0 " " " " Z(J) z 0::: ci" 0 I.U m C\I 0 0 rn 00 Ii) m m W 0 (t) ww:J: Z (f) Z (f) Om I- :2 ~~ zo.. I'- LLl:t:z s::: I.U <( ~ 0 Qw$ 1-0 ...J Z 1:5 ~~ffi rn IV ~ Ol... (f) J: 0::C> _ u.i:E I.U l- I'- LO 0 ..... 00 C> (0 N 0 000 co 6 ~ co Z ci ci c<) ..... ::::J ~ ~ ...J I.U ..... LO CD 0 N ...J ?; N a w 00 -l -' Q) <( 0 m en 0 W ..... N (t) .... Z ....l ...J ....l ....l ...J I'-- OH 3^OHE> J.SnOOl N :5 , G : lL Z i Oz i I- Z z- -G OI.U arn , t ! i f m ! \ c \ ro ! ! 0 Q) \ . E j :l iL i ! , I I \ i ~ r:- l~ " 0) 00 U) o to N lO'~'-~ "<t ,9~ '9€S 3I1Z€,OO"OON .6Z"P9 ~ tll c; ro () rJ) .... Q) ~ II) en ~ - NO) 1-5 o-N ~IE (JE '0 Do 2. W~ O,!g Zc.. <(0) Z> -0 01.- 0::<9 at;) :J o o --l ,n S: !:J-I !;1.1 \J = 0 0 zOoo -PoN 0:::00..- <( 0 0 0 WeON COmml.O zZZ W ...J co ~:c wl-...- zC>~ -z...- ...Jw ...J 01.0 ON (")0 <01.0 W 1.0 <0 f'-. z...J...J...J ...J C> u.Z Oz I-Z Z- -C> Ow (Lm 1.0 . ~S' LO~ ...J 31l00.00000N ro c ro () Q) E ;:] u:. :tt. }. ~ 8 Z<'I W <(~~ "'-0::: 05~ _CI)IX) Z 0::: Ii 0 (<) w~~ I- ~oQ f'-. LL l;:z- c Ow~ o t-c :s >- ~ ffi /8 I- ui :E Og 0:0 o ..., CI) :;.; m ~ a:: c I!! :?; W N -' !2 C3 f! (f) IX) 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 ofIdaho 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.OZ-~tsed by the City Council of the City of Meridian, on the z.o.f:t day of /ht...!'}':yt,.J,.f ,2002, is a true and correct copy of the original of said document which is in the care, cfustody and control of the City Clerk ofthe City of Meridian. ",'lllltHIIII/IIIII "'\~l Of MER,o, 1111/ " ~ "'\ LVld f.t: -> ~, -,;; 'l }, (; rO'f'POR.4)'" v 'S~ 2 ~J <"'0 ~ f "lR! "% ~~~ ~ - _",,-.A1l.L! r:J :: ILLJAM G. BERG, JR.!' ;:. 7c.Q ....~ 0 ff ~""1.o uSr is''i . ~ ~ '/ ..., ~~ " STATE OF IDAHO,......'-}III COUNT'! . ",\\",...... III \\\\ JJlIqllS~.\I County of Ada, ) On this 'Z-O ~ay 0,[ ftu.PI-,-r;f , in the year 2002, before me, S?C1ovt())l1.. \'/1tV-fi^- , a Notary Public, appeared WILLIAM G. BERG, JR., known or identified to me to be the City Clerk, respectively, 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) ._Ulllleo ~...OJ~i_S~. Il' ,{o-r~;~,&. :"J~/ '"'V or ~r~ II I C 11II I III ......~~~l Ol1'"4JS OF !J-: o. .0 II DCllCllO J h CUl dY1 5/111 '-H-t Notary Public for Idaho Commission Expires: 1- 2 g-05 CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN - (AZ-OI-002) PJ'1.Cc8e.. ?o~t hr Pu..b-Lt:c.. ,t -h'~ - Lhcvvck:s.! NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the Stale of Idaho that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 6:30 p.m. on August 20, 2002, for the purpose of reviewing and considering the exchange of property between the City of Meridian and Farmers & Merchants State Bank as more particularly described in the Summary of Action Taken by Meridian City Council and to allow public comment on the same. \\,,\1111111111///11 ,,'\\~t Of MEFill'/""~ " ~, VL.. ~~ ::::" (} nOQI'>. -11-~-;. :::: C,o~ ""I r~ -:;. ~ ~ 0 ~ - ~ DATED this 30th day of July, 2002. Jl-d4e.:- SEAL .,. I? ~ <t.u.s "q; 0.2 BEFORE THE MERIDIAN CITY COUNCIL':;, "Yq" r 15"\' ' ~ .:f ~~~/~I OQU~I 'f ~ \\"" LAND EXCHANGE BElWEENTHE ) SUMMARY OF ACTIONTAKEk'.eW,;;:',:;'\'\\\\ CITY OF MERIDIAN AND FARMERS & ) MERIDIAN CITY COUNCIL . MERCHANTS STATE BANK ) ) ) Publish 511I of August, 2002 On the 23rd day of July, 2002, the Meridian City Council, in open session, approved an Exchange Agreement between the City of Meridian and Farmers & Merchants State Bank, whereby the City would transfer the old Meridian Road fire station property valued at $260,000.00 to Fanners & Merchants State Bank in exchange for three (3) parcels of property immediately adjacent to the current police department facility at 201 East Idaho, Meridian, Idaho 63642, together with an additional sum of $22,269.00, for a total value of $260,000.00. The fire station property has an address of 716 North Meridian Road, Meridian, Idaho, and is more particularly described as follows: Lots 1 through 5 in Block 2 of the amended plat of the Original Townsite of Meridian, as shown on the official plat thereof filed in Book 1 of Plats at Page 30, Records of Ada County, Idaho, The three parcels of property to be exchanged have addresses of 237 E. Idaho Avenue, 231 E. Idaho Avenue, 223 E. Idaho Avenue, Meridian, Idaho, and are more particularly de;scribed as follows: Lots 1,2,3,4 and 5, Block 2 of the amended plat of Rowan Addition to Meridian, Ada County, Idaho The value of the three parcels is $237,731.00. The exchange will not be final unless, and until, approved by the City Council after a public hearing regarding the proposed exchange, which hearing shall be held at 6:30 p.m" on Tuesday, August 20, 2002, at the Meridian City Hall, 33 East Idaho Avenue, Meridian, Idaho, By action of the City Council at its regular meeting held on the 23m day of July, 2002. ROLL CALL: COUNCilMAN BIRD COUNCILWOMAN deWEERD VOTED Yea VOTED Yea COUNCILWOMAN McCANDLESS VOTED Yea COUNCILMAN NARY VOTED Yea MAYOR ROBERT D. CORRIE VOTED- (Tie Breaker) Copy served upon Fanners & Merchants State Bank, Planning and Zoning, Public Works and the attorney office. BY: William G, Berg, Jr. City Clerk DATED: July 23, 2002 ** TX CONFIRMATION REPORT ** 02 03 04 05 06 07 08 09 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 DATE TIME TO/FROM 08/12 12:32 3810160 08/12 12:33 PUBLIC WORKS 08/12 12:34 2088881193 08/12 12:35 8841159 08/12 12:36 2088840744 08/12 12:37 2088467366 08/12 12:38 208 898 5501 08/12 12:39 LIBRARY 08/12 12:40 92083776449 08/12 12:41 208 388 6924 08/12 12:42 888 6854 08/12 12:43 2083757154 08/12 12:44 8950390 08/12 12:46 208 387 6393 08/12 12:47 ADA CTY DEUELMT 08/12 12:48 CHERIE MCCANDLES 08/12 12:49 CHERRY LANE 08/12 12:50 POST OFFICE 08/12 12:51 208 888 1983 08/12 12:53 Walter R Johnson 08/12 12:54 ID PRESS TRIBUNE 08/12 12:55 208 888 6700 08/12 12:59 Laurel AS OF AUG 12 '02 12:59 PAGE. 01 MODE EC--S UF--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S G3--S EC--S EC--S EC--S G3--S EC--S EC--S EC--S EC--S CITY OF MERIDIAN MIN/SEC PGS 00'40" 001 00'20" 001 00' 28" 001 00' 29" 001 00'28" 001 00'29" 001 00'28" 001 00'35" 001 00'28" 001 00'34" 001 00'28" 001 00'28" 001 00'28" 001 00'28" 001 00'43" 001 00'32" 001 00'36" 001 00'40" 001 00'33" 001 00'28" 001 00'29" 001 00'28" 001 00'29" 001 CMDt:! 060 060 060 060 060 060 060 060 060 060 060 060 060 060 060 060 060 060 060 060 060 060 060 STATUS OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK -----------------------~~-------------~----------------------------------------------------- ? kC<.2 ~ ? 0 % t :kr Pu.b.-lt.'c. 'ILt9 i-t- c.e.... - Th ().ffL t s. ! NOTICE OF HEARlNG NOTICE IS HEREBY GIVE;N pUl"SU3nt to tile Ordinances of the City of MerIdian and the Laws of the State of Idaho that the City Council of the City of Meridian will hold a publiC hearing at the Meridian City Hall. 33 East Idaho Street. Meridian. Idaho, at the hour of 6:30 p.m. on August 20, 2002. for tM purpose of r9\liewing and considering the exchange of propeny between the Clly of Meridian and Farmers & Merchants Stall!! Bank 8S moce particularly dBSCribad In the Summary of Action Taken by MeridIan City Coundland 10 allOW' publh: comment on the &arne. 111,,1111l1l1i1l "II F. '/:... 'f, \\\'.J 0 M~//' 'f" " :'i." <..It': ',,-, ~~ c} :PJ'ORA "'1-} ~ $ ~cP <-.~ ~ .:: -r ;0 ~ Y" P S , Q .....q-.... BEFORE THE MERIDIAN CITY COUNCIL'%. "0.., Usr 1s1" . R! ~, 'a \.~<. ~ '" OU~'-ri ' ,,'''' SUMMARY OF ACTION TAKEffay." . ,..',,1\" MERIDIAN CITYCOUNCJL "';.11' ." DATED this 30lh day of July. 2002. Publish 5120 of August, 2002 LAND EXCHANGE BETWEEN THE CITY OF MERIDIAN AND FARMERS & ME;RCHANTS STATE BANK On the 23~ day of July, 2002, the Meridian City Council, in open session, approved an EXchange Agreement between the City of Merldlan and Farmers & Merchants State Bank. whereby the CIIy would transfer the old Meridian Road fire station property value<! at $260,000.00 to Farmers & Merchants: State Bank. In exchange for three (3) parcels or property ImmedIately adjacent to the current pollee department faclUty at 201 East IdahO, Meridian, Idaho 83642, togelher with an addItional gum of $22,269.00, for a lolal value of $280,000,00. The fire station property has an address of 716 North Meridian Road. Merldlan. Idaho. and Is M....PO ...tI!ll0r4~..... .,_"". ~ -1__ _~L ~..... -- BEFORE THE MERIDIAN CITY COUNCIL C/C 08/20/02 IN THE MATTER OF THE ) APPLICATION OF ROYLANCE & ) ASSOCIATES, P.A. FOR ) APPROVAL OF FINAL PLAT FOR ) WILLEY SUBDIVISION, LOCATED ) AT 3710 EAST FRANKLIN ROAD, ) MERIDIAN, IDAHO ) ) ) CASE NO. FP-02-017 ORDER OF CONDITIONAL APPROV AL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Meridian City Code S 12-3-7 on August 20, 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 David McKinnon oftlle Planning and Zoning Department, and Bruce Freckleton, Engineering Technician III, listing 1 General Requirements and 8 Site Specific Requirements, which are herein found fair and reasonable, and that David McKinnon of the Planning and Zoning Department, and John Rennision, commented at the hearing, and the Council having considered the requirements of the preliminary plat the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of "WILLEY SUBDIVISION" as evidenced in Plat bearing: "WILLEY SUBDIVISION SITUATED IN THE SW Y4 OF THE SW Y4 OF SECTION 9, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR WILLEY SUBDIVISION I (FP-02-0 17) - 1 COUNTY, IDAHO 2002, HANDWRITTEN DATE: 07-11-02, 0204-2248 X:\PROJECTS\RC WILLEY\2248\DRA WINGS\PLAT\FINAL\2248PLT.DWG SHEET 1 OF 2, OWNER RC. WILLEY HOME FURNISHINGS, PREPARED BY ROYLANCE AND ASSOCIATES P.A.," RC. WILLEY HOME FURNISHINGS, 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 for the Planning and Zoning Department, dated July 30, 2002, listing I General Requirements and 8 Site Specific Requirements, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of three pages, and by this reference incorporated herein, and the additional requirements from the action of the Council taken at their August 20, 2002 meeting as follows, to-wit 1.1 As noted on the staff comments attached hereto as Exhibit "A ", dated July 30,2002, and consisting of three pages, for clarification under RECOMMENDA TION, it shall be required as follows: 7.a. The Applicant shall provide a letter of credit for] 10% of the cost of the installation of a five-foot (5') wide detached sidewalk adjacent to Eagle RoadlSH55, from E. Lanark Drive to the subdivision north boundary. A bid shall accompany any certified funds received by the City. The sidewalk design and location shall be coordinated ITD and the City of Meridian. Installation of the sidewalk shall take place no later than the end of December 2004. 12 The Central District Health Depmiment requires after written approval from the appropriate entities are submitted, they can approve this proposal for central sewage and central water; that plans must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environmental Quality for central sewage and central water; that run-off is not to create a mosquito breeding problem; and it is suggested that stornlwater be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality; that engineers and architects should obtain current best management ORDER OF CONDITIONAL APPRaV AL OF FINAL PLAT FOR WILLEY SUBDIVISION / (FP-02-017) - 2 practices for stormwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals for guidance: 1.2.1 State of Idaho Catalog Of Stormwater Best Management Practices For Idaho Cities And Counties. Prepared by the Idaho Division Of Environmental Quality, July 1997. 1.2.2. Stomlwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Depa11ment, May 2000. 1.3 The Meridian Fire Department requires the following: 1.3.1 Provide a fire flow as required by the 1997 Uniform Fire Code Appendix III-A Show all proximity hydrants within 500' of the project on the resubmitted plat 1.3.2 All internal and external roads shall have a 28' inside radius and 48' outside radius. 1.3.3 The proposed buildings and uses shall comply with the 1997 Uniform Fire Code. L3.4 Acceptance of water supply for fire protection is contingent upon acceptance of the water system by the City of Meridian for water quality. 1.3.5 Final approval of fire hydrant locations shall be by the Fire Department. 1.3.6 The roadways shall be built to Ada County Highway Standards. 1.4 The Nampa & Meridian Inigation District has the following requirements and/or issues as follows: 1.4.1 The District's Evans Drain courses through the proposed project. Any encroachments within the easement area of the Evans Drain without approval plans and a signed License Agreement are unacceptable. All storm drainage shall be retained on site. ORDER OF CONDITIONAL APPROY AL OF FINAL PLAT FOR WILLEY SUBDIVISION / (FP-02-017) - 3 1.5 The Meridian Water Department's comments are as follows: 1.5.1 City water is not stubbed in to these lots. There may be an ACHD moratorium on cutting the asphalt on Lanark Street and Qaudians Avenue. 2, The final plat upon which there is contained the Certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 1. The Plat dimensions are approved by the City Engineer; and 2. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on-site improvements. By action of the City Council at its regular meeting held on August 20, 2002. -=-- a ERTD. CORRIE Mayor, City of Meridian Copy served upon Applicant, the Planning and Zoning Department, Public Works Department, and City Attorney. By:J/~~~9 Dated City Clerk - ~ ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR WILLEY SUBDIVISION / (FP-02-017) - 4 MAYOR Robert D. Corrie HUB OF TRE4.SURE VALLEY A Good Place to Live LEGAL DEPART~lENT (208) 288-2499 . Fa:;: 2811-250 I PUBLIC WORKS BliILDING DEPARTrvlENT (208) 887-2211 . Fax 887-1297 CITY COUNCIL MEMBERS William L.M. Nary Keith Bird Tanuny deWeerd Ch~e ~lcCandless CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 . F.l!.:X (208) 887-4813 City Clerk Office Fax (208) 888-4218 PLANNING AND ZONING DEP ARThlENT (208) 884-5533 . FA...'\: 888-6854 MEMORANDUM: July 30, 2002 To: Planning & Zoning Commission, Mayor & City Council Bruce FreckletoD, Assistant to fitr fngine~ David McKinnon, Planner II .1)IJ\ From: Re: Willey Subdivision ,. Request for the Approval of a Final Plat for Four (4) Building Lots and One (1) Other Lot on 20.0 I-Acres in a C-G Zone by Roylance & Associates (File No. FP-02-0 17). We bave reviewed these submittals and offer the following comments, as conditions of the applicant. These conditions sban be considered in fun, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY The applicant, Roylance & Associates P .A., and the owner, RC. Willey Home Furnishings, have requested final plat approval of a 5-10t commercial subdivision on 20 acres of land located in the general vicinity ofR.C. Willey's existing store at the northeast corner of Franklin and Eagle Roads. The property was annexed and zoned t6 C-G in August 1994 by Ronald Van Auker. After Re. Willey purchased the property ~ the existing build,ing and site plan was submitted for a design review meeting before City Council and was approved in June 1998. A Certificate of Zoning Compliance was issued on October 15, 1998. A Development Agreement (DA) controlling development ofthe subject property was entered into between the City and Re. Willey on August 6,2001. One requirement of the DA was that the property would be platted. The applicant received preliminary plat approval on May 21 st of this year. Staffhas reviewed the final plat submission and it appears to conform to the requirements of the preliminary plat and the Meridian City Code, with one exception. The Applicant has requested the ability to bond for the sidewalk. improvements on Eagle Road rather than install the sidewalk as part of the final plat. The reason for the bonding request is to allow the applicant to coordinate with AClID concerning the new street improyements around the Franklin and Eagle Intersection. The required sidewalk. improvements ~e located entirely on the applicant's property and not in ACHD's right-of- way. LOCA TION The property is located on the northeast comer of the North Eagle Road and East Franklin Road intersection and is served by two local commercial streets, Gaudians Avenue and Lanark Street. The subject property is designated as Commercial and Light Industrial on the Comprehensive Plan Generalized Land Use Map. FP'{)2.o 17 Willey Subdivision. FP E~;b;+" A" I of.3 Planning & Zoning, Mayor { Council July 30, 2002 . Page 2 SURROUNDING PROPERTIES North - Union Pacific Railroad (200 foot right-of-way), Evans Drain, and Commerce Park Subdivision, including Coors distribution warehouse, zoned I-L South - Montvue Subdivision, zoned Rl (County) East - Vacant land, zoned I-L. (Note: Ronald Van Auker, owner of the 40-acre parcel to the east, has received a Certificate of Zoning Compliance to construct a 72,000+ s.f. warehouse on this parcel. However, no building permit can be issued until a Development Agreement is entered into with the City.) West - Olson & Bush Industrial Park, zoned RUT (County) and I-L, a vacant, SA-acre parcel, zoned 1- L, and single family residences, zoned C-G. CURRENT OWNERS OF RECORD Ada County lists R.e. Will~y Home Furnishings, a Utah Corporatio~ as the property owner of the 20.01 acres, and their legal representative, Scott L. Hymas, submitted notarized consent for the application. SITE SPECIFIC REQUIREMENTSIFINAL PLAT 1. Applicant is to meet all terms of the approved preliminary plat. 2. Submit compaction test results to the Meridian Building Department for all building pads within lots receiving engineered backfill. 3. Design drainage areas to ensure that water is retained only during 25-year storm events, and for a period of time not to exceed 24-hours. Side slopes within drainage areas shall not exceed 3:1. 4. The pressurized irrigation system'shall be approved and activated prior to applying for building permits. Landscaping shaH be installed as submitted (Sheet L-I, 6/18/02). All development improvements sl13ll be installed and approved prior to obtaining certificates of occupancy. A letter of credit or cash surety in the_ amount of 110% will be required for landscaping, and pressurized irrigation, prior to signature on the final plat. 5. Submit a signed, stamped statement from a professional engineer certifying that all street finish centerline elevations are set a minimum of three feet above the highest established normal groundwater elevation. 6. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as deterinined during the plan review process, prior to signature on the final plat per Resolution 02-374. 7. (Please see recommendation below) FP-02-O 17 /;' x,~ : hi 1-- · A " ,J. of 3 WiJley Subdivision.FP Planning & Zoning, Mayor July 30, 2002 Page 3 Council 8. The following plat notes shall be added to the face of the plat: (8). The building setbacks and dimensional standards in this subdivision shall be in compliance with the applicable zoning regulations of the City of Meridian. Idaho. (9). Any re-subdivision of this plat shall comply with the applicable zoning regulations in effect at the time of the re-subdivision. (10). The Developer and/or Owner shall comply with Idaho Code, Section 31-3805 or its provisions that may apply to irrigation rights. (11). The owner of each lot, across which passes an irrigation/drainage ditch or pipe, is responsible for the maintenance thereof unless such responsibility has been assumed by an IrrigationlDrainage District. (12) The bottom elevation of structural footings shall be set a minimum of twelve-inches (12") above the highest established normal groundwater elevation. GENERAL REQUIREMENTS 1. Tile all irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying-adjacent and contiguous to the area being subdivided per City Ordinance 12- 4-13. Submit written confirmation of plan approval from the appropriate irrigation/drainage district, or lateral users association to the Public Works Department. RECOMMENDATION Staffrecommends approval of the final p'lat, with the above stated conditions. Furthermore, staff recommends that the Council determine if the project should be allowed to bond for the sidewalk. improvements or be required to install them as pert of the final plat approval. Staff asks that you add one of the following conditions to the site-specific requirements: 7a. The Applicant shall post a bond or a letter of credit for 120% of the cost of the installation of a five-foot (5') wide detached sidewalk adjacent to Eagle RoadlSHSS. A bid shall accompany any certified funds received by the City. The sidewalk design and location shall be coordinated ITD and the City of Meridian. Installation of the sidewalk shall take place no later than the end of December 2004. OR 7b. The Applicant shall be required to install a five foot wide detached sidewalk adjacent to Eagle RoadlSH55. The location of the sidewalk shall be coordinated with the City of Meridian and the lID. The sidewalk shall be installed prior to the issuance of occupancy permits. FP-02.o 17 €~;h.v 'IC) of 3 ot 3 Wil1.,'"bd;.,;,;oo.FP ( r Le as e. p()~-t -J;r 'jJv.i;;-u G IWb'~ - thtAJJc IcS/ CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, August 20,2002, at 6:30 p.m. City Council Chambers 1. Roll-call Attendance: Tammy de Weerd Cherie McCandless Mayor Robert Corrie Bill Nary Keith Bird 2. Adoption of the Agenda: 3. Consent Agenda: A. Approve minutes from July 23,2002 City Council Regular Meeting: B. Approve minutes from August 6, 2002 City Council Special Meeting: C. Approve minutes from August 6, 2002 City Council Regular Meeting: D. Approve minutes from August 13, 2002 City Council Special Meeting: E. Tabled from August 6, 2002: Order Granting Appeal: AP 01- 002 Stop Work Order at 2340 West Franklin Road by Walt Morrow: F. Findings of Fact and Conclusions of Law for Approval: AZ 02- 012 Request for annexation and zoning of 2.02 acres from RUT to R-4 zones by Jerald S. Frank - 2310 South Locust Grove Road: G. Findings of Fact and Conclusions of Law for Denial: RZ 02- 001 Request for a rezone of .97 acres from L-O to C-G zones for Lot 3 Block 2 of Amended Magic View Subdivision for a Subway sandwich shop by Blaine and Cynthia Jacobson - northeast corner of East Magic View Drive and South AIlen Street: Meridian City Council Agenda - August 20, 2002 Page I of 3 All materials presented at public meetings sbaH become property oftbe City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or bearings please contact the City Clerl:'s Office at 888-4433 at leasl48 hours prior to the public meeting. H. Findings of Fact and Conclusions of Law for Approval: CUP 02-016 Request for a Conditional Use Permit for an 11, 700 square foot multi-tenant flex space office I warehouse building by Falash & Ross Construction, Inc. - 150 S. Adkins Way, Lot 5 Block 2, Medimont Subdivision, northwest corner of E. Franklin Road and S. Locust Grove Road: I. Findings of Fact and Conclusions of Law for Approval: CUP 02-017 Request for a Conditional Use Permit for an 11, 700 square foot multi-tenant flex space office I warehouse building by Falash & Ross Construction, Inc. - Lot 10 Block 2, Medimont Subdivision, northwest corner of E. Franklin Road and S. Locust Grove Road: J. Development Agreement: RZ 00-010 Request to rezone 8.88 acres from an R-4 zone to an L-O zone for proposed 51. Alphonsus Regional Medical Center Ambulatory Care Center by BRS Architects - southeast corner of Cherry Lane and Ten Mile Road: K. Development Agreement: AZ 01-002 Request for Annexation and Zoning of 11.764 acres from RT to R-40 and C-G for proposed Locust Grove Place by LC. Development, Inc. - west side of Locust Grove Road, south of Fairview Avenue: L. Water Main Easement, Sundance Investments - Sunstone Building in Silverstone Subdivision: M. Contract for Reimbursement by Kevin Howell for sewer services off the White Drain Trunk through Cedar Springs Subdivision: 4. DepartrnentReports: A. Public Works Department: 1. Award of Meridian High School Main Line Project: 5. (Items Moved from Consent Agenda) 6. Ordinance No. : RZ 00-010 Request to rezone 8.88 acres from an R-4 zone to an L-Q zone for proposed St. Alphonsus Regional Medical Center Ambulatory Care Center by BRS Architects - southeast corner of Cherry Lane and Ten Mile Road: Meridian City Council Agenda- August 20, 2002 Page 2 of3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to docu ments and/or hearings please contact the City Clerk'5 Office at 888-4433 at least 48 hours prior to the publ ic meeting. 7. Ordinance No. : AZ 02-005 Request for annexation and zoning of 196.20 acres from RT to R-4 zones for proposed Tuscanv Lakes Subdivision by Gem Park II Partnership - west of South Eagle Road and south of East Victory Road: 8. Ordinance No. AZ 01-002 Request for Annexation and Zoning of 11_764 acres from RT to R-40 and C-G for proposed Locust Grove Place by L.C. Development, Inc. - west side of Locust Grove Road, south of Fairview Avenue: 9. Public Hearing: Property Exchange with Farmers & Merchants State Bank: 10. FP 02-017 Request for Final Plat approval of 4 building lots and 1 other lot on 20.01 acres in a C-G zone for Willev Subdivision by Roylance & Associates P.A. - 3710 East Franklin Road: 11. Public Hearing: MI 02-006 Request for an Amendment to the Area of Impact by Capital Development (Bristol Heights) - southeast corner of Chinden Boulevard and North Locust Grove Road: 12. Public Hearing: CUP 02-013 Request for a Conditional Use Permit for four 4-plex units on 1.08 acres in an L-Q zone on Lots 4 and 5, Block 2 of Scottsdale Subdivision by C.W. Construction, Inc. - West Alden Drive, at the southwest corner of West Franklin Road and SW 7th Avenue: 13. Public Hearing: VAR 02-010 Request for a Variance from the minimum lot frontage requirement for Lot 1 Block 3 of Bear Creek Subdivision by Bear Creek LLC - Lot 1 Block 3, 714 West Calderwood Street: 14. Water, Sewer and Trash Delinquencies: ;"~ Meridian City Council Agenda - August 20,2002 Page 3 oD All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 8884433 at least 48 hours prior to the public meeting. ** TX CONFIRMRTION REPORT ** RS OF RUG 16 '02 17:00 PRGE.01 CITY OF MERIDIRN DRTE TIME TO/FROM MODE MIN/SEC PGS CMDl:l SmTUS 03 08/16 16:12 3810160 EC--S 01'34" 003 119 OK 04 08/16 16:14 PUBLIC WORKS UF--S 00' 43" 003 119 OK 05 08/16 16:15 2088881193 EC--S 00'55" 003 119 OK 06 08/16 16:17 8841159 EC--S 00'55" 003 119 OK 07 08/16 16:18 2088840744 EC--S 00' 55" 003 119 OK 08 08/16 16:20 2088467366 EC--S 00'56" 003 119 OK 09 08/16 16:21 208 898 5501 EC--S 00'54" 003 119 OK 10 08/16 16:23 LIBRARY EC--S 01' 11" 003 119 OK 11 08/16 16:24 92083776449 EC--S 00'54" 003 119 OK 12 08/16 16:26 208 388 6924 EC--S 01'09" 003 119 OK 13 08/16 16:27 888 6854 EC--S 01'01" 003 119 OK 14 08/16 16:29 2083757154 EC--S 00'55" 003 119 OK 15 08/16 16:30 8950390 EC--S 00'54" 003 119 OK 16 08/16 16:32 208 387 6393 EC--S 00'54" 003 119 OK 17 08/16 16:34 CHERIE MCCANDLES EC--S 01 ' 11" 003 119 OK 18 08/16 16:36 CHERRY LRNE EC--S 01' 11" 003 119 OK 19 08/16 16:37 POST OFFICE EC--S 01'35" 003 119 OK 20 08/16 16:40 208 888 1983 G3--S 01' 18" 003 119 OK 21 08/16 16:42 ID PRESS TRIBUNE EC--S 00'55" 003 119 OK 22 08/16 16:43 208 888 6700 EC--S 60'55" 003 119 OK 23 08/16 16:49 RDR CTY DEUELMT G3--S 01'45" 003 119 OK 24 08/16 16:51 Walter R Johnson EC--S 00' 56" 003 119 OK 25 08/16 17:00 CHRMBER-COMMERCE ----S 00' 00" 000 119 BUSY THIS DOCUMENT IS STILL IN MEMORY -------------------------~---------~-----------------------~------------------------------~- Please.. {Jo<br .j;y P~L<'G '-11.67>~- ?:htVJ.l)C.S/ CITY OF MERIDIAN CITY COUNCil REGULAR MEETING AGENDA Tuesday, August 20, 2002, at 6:30 p.m. City CounciJ Chambers i. Roll-call Attendance: Tammy de Weerd Cherie McCandless Mayor Robert Corrie Bill Nary Keith Bird 2. Adoption of the Agenda: 3. Consent Agenda: A. Approve minutes from July 23, 2002 City Council Regular Meeting: B. APprove minutes from Auou~t ~ ?nn? f"i+u 1"_..__:1 "'- - ~. -. ** TX CONFIRMRTION REPORT ** RS OF RUG 20 '02 23:22 PRGE.01 CITY OF MERIDIRN DRTE TIME TO/FROM MODE MIN/SEC PGS CMDJ:i STRTUS 01 08/20 22:31 3810160 EC--S 01'41" 003 148 OK 02 08/20 22:33 PUBLIC WORKS UF--S 00' 47" 003 148 OK 04 08/20 22:36 2088881193 EC--S 00'59" 003 148 OK 05 08/20 22:39 8841159 EC--S 01'00" 003 148 OK 06 08/20 22:40 2088840744 EC--S 01'00" 003 148 OK 07 08/20 22:43 2088467366 EC--S 01'00" 003 148 OK 08 08/20 22:45 208 898 5501 EC--S 00'59" 003 148 OK 10 08/20 22:47 LIBRRRY EC--S 01'18" 003 148 OK 11 08/20 22:49 92083776449 EC--S 00'59" 003 148 OK 12 08/20 22:51 208 388 6924 EC--S 01' 16" 003 148 OK 13 08/20 22:54 2083757154 EC--S 00'59" 003 148 OK 14 08/20 22:55 8950390 EC--S 00'59" 003 148 OK 15 08/20 22:57 Laurel EC--S 01'01" 003 148 OK 16 08/20 22:58 208 387 6393 EC--S 00'59" 003 148 OK 17 08/20 23:00 RDR CTY DEVELMT G3--S 01 ' 45" 003 148 OK 18 08/20 23:02 CHERRY LRNE EC--S 01'16" 003 148 OK 19 08/20 23:04 POST OFFICE EC--S 01' 42" 003 148 OK 20 08/20 23:06 208 888 1983 G3--S 01' 19" 003 148 OK 21 08/20 23:08 ID PRESS TRIBUNE EC--S 00'59" 003 148 OK 22 08/20 23:10 208 888 6700 EC--S 00' 59" 003 148 OK 23 08/20 23:22 P-RND-Z ----S 00' 00" 000 148 BUSY THIS DOCUMENT IS STILL IN MEMORY ---------------------------------------------------------------------------------~~--------- CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, August 20,2002, at 6:30 p.m. City Council Chambers 1. RoU-call Attendance: _ X Tammy de Weerd K =r Cherie McCandless >c >< Mayor Robert Corrie 2. Adoption of the Agenda: ~y;c,...- 3. Consent Agenda: A. Approve minutes from July 23,2002 City CounciJ Regular Meeting: &?frt7~, B. Approve minutes from August 6, 2002 City Council Special Mp.p.tinn' "~I/1P Bill Nary Keith Bird