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Home My WebLink About2002-08-06 CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, August 6, 2002, at 6:30 p.m. City Council Chambers 1. Roll-call Attendance: X Tammy de Weerd X X Cherie McCandless K )( Mayor Robert Corrie 2. Adoption of the Agenda: Bill Nary Keith Bird 3. Consent Agenda: 5- D. 5-E. 5-F. A. Approve minutes from July 9,2002 City Council Special Meeting: IJfprov-G Approve minutes from July 9, 2002 City Council Joint Workshop: .A-pp n;;y'G Approve minutes from July 16, 2002 City Council Regular Meeting: ApPrDv'(., Tabled from July 2, 2002: Findings of Facts and Conclusions of Law: 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: /J-jr;-p rove..- Tabled from July 2, 2002: Findings of Facts and Conclusions of law: PP 02-006 Request for Preliminary Plat approval of 455 single-family lots, 38 common lots and 1 other lot on 190.47 acres in a proposed R-4 zone for proposed Tuscany lakes Subdivision by Gem Park II Partnership - west of South Eagle Road and south of East Victory Road: Wn?y'~ Tabled from July 2, 2002: Findings of Facts and Conclusions of Law: CUP 02-006 Request for a Conditional Use Permit for a Planned Unit Development consisting of 353 buildable lots and 31 common lots on 138.88 acres for proposed Tuscany lakes Subdivision by Gem Park II Partnership - west of South Eagle Road and south of East Victory Road: .!J-pf;mye..., B. C. Merid ian City Council Agenda - August 6, 2002 Page I of 5 All materials presented at public meetings shall become properly of the City of Meridian. Anyone desiring accommodation for disabilities related to docu ments and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 5- M. G. Findings of Facts and Conclusions of Law: V AR 02-007 Request for a Variance for reduced setback from ten feet to five feet on the side of a home with a dormer on the second level by KW Homes - Lot 28 Block 4 of Packard Estates No.3, 2641 E. Bernice Dr.: /Jp-proV.e.... Findings of Facts and Conclusions of Law: AZ 02-004 Request for annexation and zoning of 127.74 acres from RUT to C-G, L-Q and R-4 zones for proposed Sutherland Farm by Sutherland Farms, Inc. - east of South Eagle Road and north of East Victory Road: A-rtY1JV-e...- Findings of Facts and Conclusions of Law: PP 02-004 Request for Preliminary Plat approval of 308 building lots and 30 other lots on 127.64 acres in proposed L-O, C-G and R-4 zones for proposed Sutherland Farm by Sutherland Farm, Inc. - east of South Eagle Road and East Victory Road: A-ffYDYe..., Findings of Facts and Conclusions of Law: CUP 02-005 Request for a Conditional Use Permit for a Planned Unit Development for residential, commercial and office park development for Sutherland Farm by Sutherland Farm, Inc. - east of South Eagle Road and north of East Victory Road: ApfI"OY-e.., Findings of Facts and Conclusions of Law: AZ 01-015 Request for annexation and zoning of 34.60 acres from RUT to I-L and L-O zones for proposed Utili Subdivision by Falcon Creek, LLC - 3365 North Ten Mile Road: J/0 H. I. J. K. L. Findings of Facts and Conclusions of Law: PP 01-017 Request for Preliminary Plat approval of 11 building lots on 34.60 acres in proposed I-L and L-O zones for proposed Utility Subdivision by Falcon Creek, LLC - 3365 North Ten Mile Road: N. Order Granting Appeal: AP 01-00 Stop Work Order at 2340 West Franklin Road by Walt Morrow: "T a.J,;-I.-G --to A-u5' 20 J 2002- Development Agreement: AZ 01-008 Request for annexation and zoning of 12.71 acres from R1 and RUT to C-G and R-40 zones for proposed Baltic Place Subdivision by L.C. Development, Inc. - Franklin Road west of Locust Grove Road: At-7?frVG Resolution No. 02-381: Recognizing VallevRide as the regional public transportation authority: ~7I?Y e-- o. Meridian City Council Agenda - August 6, 2002 Page 2 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Offiee at 888-4433 at least 48 hours prior to the public meeting. 5- R. S. T. v. 5-- w. ( I,' P. Award of Contract, 2002 Sewer Cleaning Project: !J.ppr1JYe, Award of Contract, Asphalt Pavement Improvements at Waste Water Treatment Plant: A-Pf1YflIO Agreement for Professional Services Addendum No. 1 - White Drain Sewer Trunk Project, Keller Associates: iJtf;rov'€/ UV Disinfection, Grit Basin and Outfall Project - Tertiary Filter Bypass Change Order: Iip-p roV.t., South Slough Sewer Project, Sewer Easement - 9i~ie Roberts: ftfJ-prov6 South Slough Sewer Project, Sewer Easement -,/tf]rn Alleman: Iq rP ro y 'f:J Snorting Bull (Woodbridge) Subdivision Off-Site Water and Sewer Easement - Paul and Margaret Loree: !+f'Pro"~ W.H. Moore Consent to Annexation Agreement: Approv-e Q. U. Approve Bills: 4. Department Reports 1. Police Department - Mike Worley A. Agreement for Police Testing: /q:Jproye., 2. Public Works Department - Brad Watson 5. 6. 7. A. 1-84 Sewer Crossing Project Latecomer Agreement - G.L. Voigt: ftpfJYOVe..- B. Five Mile Sewer Trunk Extension Latecomer Agreement - Sundance Development Company (Silverstone): LCLhrk. +0 /fWO 27/2002- (Items Moved from Consent Agenda) Dl E) r. VV\. \ ~ I W Resolution No. tJ Z'""" ('j g 2... : Adopting the Comprehensive Plan: Continued Public Hearing from July 2, 2002: Proposed Comprehensive Parks and Recreation System and Action Plan: !!Jm+ '?Ih -10 ~i /c1;2co2 Meridian City Council Agenda - August 6, 2002 Page 3 of 5 All materials presented at public meetings shall become property ofthe City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 8. Ordinance No. 02 - 9 &8 AZ 01-008 Request for annexation and zoning of 12.71 acres from R1 and RUT to C-G and R-40 zones for proposed Baltic Place Subdivision by L.C. Development, Inc. - Franklin Road west of Locust Grove Road: ../J;Otol7J~ 9. Ordinance No. 02 -9 & 9 AZ 02-008 Request for annexation and zoning of 5 acres from RUT to L-Q zones for the proposed LOS Stake Center by Lombard Conrad Architec~s - 2515 W. Ustick Road: J+fproV-e.... 10. V AR 02-009 Request for a Variance from the required number of parking spaces for the Cole Vallev Christian School by Jeffrey L. King - 200 East Carlton Avenue: Applic~ion withdrawn by Applicant - refund requested: Ftf-p roY'6 (e. fUiYVd 11. FP 02-011 Request for Final Plat approval of 19 building lots and 3 other lots on 11.57 acres in an R-4 and C-N zone for Cherry Crossing Subdivision by Hawkins Companies - northwest corner of West Cherry Lane and North Linder Road: AtPrvY~ 12. Non-Development Agreement for Cherry Crossing Subdivision by Hawkins Companies - northwest corner of West Cherry Lane and North Linder Road: Atp-roVe.. 13. FP 02-015 Request for Final Plat approval of 82 building lots and 4 other lots in an R-4 zone for Marlin Subdivision by W.H. Moore Company - north of 1-84 east of South Linder Road: A,op lOVe.., 14. FP 02-016 Request for Final Plat approval of 38 building lots and 7 other lots on 13.72 acres in an R-8 zone for Baldwin Park Subdivision by Capital Development - % mile south of West McMillan Road and east of North Linder Road: IJ.fp11JV~ 15. Public Hearing: 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: ~n'1,tL0 fo P{'tf~ FFtL .fVy Apt nNa.-t 16. Public Hearing: RZ 02-001 Request for a rezone of .97 acres from L-Q 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 Mag~c View Drive and South Allen Str~t: (\ ~ . _. _ I Jt~(~ +0 1r-e-(Jt:tlU- -FFC-L }uy IJ..VrIAQA 17. Public Hearing: CUP 02-016 Request for a Conditional Use Permit for an ii, 700 square foot multi-tenant flex space office 1 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: Jt+h>rlWj{ +0 ?flfMc F Ft.L fOy!+ft;rD(}tt.Z Meridian City Couneil Agenda - August 6,2002 Page 4 of 5 All materials presented at public meetings shall become property ofthe City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 18. Public Hearing: CUP 02-017 Request for a Conditional Use Permit for an 11, 700 square foot multi-tenant flex space office 1 warehouse building by Falash & Ross Construction, Inc. - Lot 10 Block 2, Medimont Subdivision, northwest corner of E. Franklin Road and S. Locust Grove Road: AJ-b?r'"~ ..co 1re-pa.k.e. ffCL fOr Ittff1:;fol. Meridian City Council Agenda- August 6, 2002 Page 5 of5 All materials presented at public meetings shall become property ofthe City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. August 16, 2002 MERIDIAN CITY COUNCIL MEETING APPLICANT REQUEST August 20, 2002 ITEM NO. Approve minutes from August 6, 2002 City Council Regular Meeting 3-G 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 HIGHW A Y DISTRICT: SANITARY SERVICE COMP ANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Contacted: COMMENTS o I/-f, (;Jprr' 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 6,2002, at 6:30 p.m. City Council Chambers 1. Roll-call Attendance: X Tammy de Weerd X Bill Nary X Cherie McCandless X Keith Bird X Mayor Robert Corrie 2. Adoption of the Agenda: 3. Consent Agenda: A. Approve minutes from July 9, 2002 City Council Special Meeting: Approve B. Approve minutes from July 9, 2002 City Council Joint Workshop: Approve C. Approve minutes from July 16, 2002 City Council Regular Meeting: Approve 5-0. Tabled from July 2,2002: Findings of Facts and Conclusions of Law: 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 5-E. Tabled from July 2, 2002: Findings of Facts and Conclusions of Law: PP 02-006 Request for Preliminary Plat approval of 455 single-family lots, 38 common lots and 1 other lot on 190.47 acres in a proposed R-4 zone for proposed Tuscany Lakes Subdivision by Gem Park II Partnership - west of South Eagle Road and south of East Victory Road: Approve 5-F. Tabled from July 2, 2002: Findings of Facts and Conclusions of Law: CUP 02-006 Request for a Conditional Use Permit for a Planned Unit Development consisting of 353 buildable lots and 31 common lots on 138.88 acres for proposed Tuscany Lakes Meridian City Council Agenda - August 6,2002 Page I of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Subdivision by Gem Park II Partnership - west of South Eagle Road and south of East Victory Road: Approve G. Findings of Facts and Conclusions of Law: VAR 02-007 Request for a Variance for reduced setback from ten feet to five feet on the side of a home with a dormer on the second level by KW Homes - Lot 28 Block 4 of Packard Estates No.3, 2641 E. Bernice Dr.: Approve H. Findings of Facts and Conclusions of Law: AZ 02-004 Request for annexation and zoning of 127.74 acres from RUT to C-G, L-O and R-4 zones for proposed Sutherland Farm by Sutherland Farms, Inc. - east of South Eagle Road and north of East Victory Road: Approve I. Findings of Facts and Conclusions of Law: PP 02-004 Request for Preliminary Plat approval of 308 building lots and 30 other lots on 127.64 acres in proposed L-O, C-G and R-4 zones for proposed Sutherland Farm by Sutherland Farm, Inc. - east of South Eagle Road and East Victory Road: Approve J. Findings of Facts and Conclusions of Law: CUP 02-005 Request for a Conditional Use Permit for a Planned Unit Development for residential, commercial and office park development for Sutherland Farm by Sutherland Farm, Inc. - east of South Eagle Road and north of East Victory Road: Approve K. Findings of Facts and Conclusions of Law: AZ 01-015 Request for annexation and zoning of 34.60 acres from RUT to I-L and L-O zones for proposed Utility Subdivision by Falcon Creek, LLC - 3365 North Ten Mile Road: Approve L. Findings of Facts and Conclusions of Law: PP 01-017 Request for Preliminary Plat approval of 11 building lots on 34.60 acres in proposed I-L and L-O zones for proposed Utility Subdivision by Falcon Creek, LLC - 3365 North Ten Mile Road: Approve 5-M. Order Granting Appeal: AP 01-00 Stop Work Order at 2340 West Franklin Road by Walt Morrow: Table to August 20, 2002 Meeting N. Development Agreement: AZ 01-008 Request for annexation and zoning of 12.71 acres from R1 and RUT to C-G and R-40 zones for proposed Baltic Place Subdivision by L.C. Development, Inc. - Franklin Road west of Locust Grove Road: Approve Meridian City Council Agenda - August 6, 2002 Page 2 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. O. Resolution No. 02-381: Recognizing ValleyRide as the regional public transportation authority: Approve P. Award of Contract, 2002 Sewer Cleaning Project: Approve Q. Award of Contract, Asphalt Pavement Improvements at Waste Water Treatment Plant: Approve 5-R. Agreement for Professional Services Addendum No. 1 - White Drain Sewer Trunk Project, Keller Associates: Approve S. UV Disinfection, Grit Basin and Outfall Project - Tertiary Filter Bypass Change Order: Approve T. South SloUQh Sewer Project, Sewer Easement - Dixie Roberts: Approve U. South Slough Sewer Project, Sewer Easement - Vern Alleman: Approve v. Snorting Bull (Woodbridge) Subdivision Off-Site Water and Sewer Easement - Paul and Margaret Loree: Approve 5-W. W.H. Moore Consent to Annexation Agreement: Approve Approve Bills: 4. Department Reports 1. Police Department - Mike Worley A. Agreement for Police Testing: Approve 2. Public Works Department - Brad Watson A. 1~84 Sewer Crossing Project Latecomer Agreement - G.L. Voigt: Approve B. Five Mile Sewer Trunk Extension Latecomer Agreement - Sundance Development Company (Silverstone): Table to August 27, 2002 Meeting 5. (Items Moved from Consent Agenda) Meridian City Council Agenda - August 6, 2002 Page 3 of 5 A II materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 6. Resolution No. Approve 02-382 : Adopting the Comprehensive Plan: 7. Continued Public Hearing from July 2, 2002: Proposed Comprehensive Parks and Recreation System and Action Plan: Continue to September 10,2002 8. Ordinance No. 02-968 : AZ 01-008 Request for annexation and zoning of 12.71 acres from R1 and RUT to C-G and R-40 zones for proposed Baltic Place Subdivision by L.C. Development, Inc. - Franklin Road west of Locust Grove Road: Approve 9. Ordinance No. 02-969 : AZ 02-008 Request for annexation and zoning of 5 acres from RUT to L-O zones for the proposed LOS Stake Center by Lombard Conrad Architects - 2515 W. Ustick Road: Approve 10. VAR 02-009 Request for a Variance from the required number of parking spaces for the Cole Valley Christian School by Jeffrey L. King - 200 East Carlton Avenue: Application withdrawn by Applicant - refund requested: Approve Refund 11. FP 02-011 Request for Final Plat approval of 19 building lots and 3 other lots on 11.57 acres in an R-4 and C-N zone for Cherry Crossing Subdivision by Hawkins Companies - northwest corner of West Cherry Lane and North Under Road: Approve 12. Non-Development Agreement for Cherry Crossing Subdivision by Hawkins Companies - northwest corner of West Cherry Lane and North Under Road: Approve 13. FP 02-015 Request for Final Plat approval of 82 building Jots and 4 other lots in an R-4 zone for Marlin Subdivision by W.H. Moore Company - north of 1-84 east of South Under Road: Approve 14. FP 02-016 Request for Final Plat approval of 38 building lots and 7 other lots on 13.72 acres in an R-8 zone for Baldwin Park Subdivision by Capital Development - % mile south of West McMillan Road and east of North Under Road: Approve 15. Public Hearing: 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: Attorney to prepare Findings of Fact and Conclusions of Law for Approval Meridian City Council Agenda ~ August 6, 2002 Page 4 of 5 AlIlllaterials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 16. Public Hearing: 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: Attorney to prepare Findings of Fact and Conclusions of Law for Denial 17. Public Hearing: 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: Attorney to prepare Findings of Fact and Conclusions of Law for Approval 18. Public Hearing: 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: Attorney to prepare Findings of Fact and Conclusions of Law for Approval Meridian City Council Agenda - August 6, 2002 Page 5 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Meridian City Council Meeting August 6. 2002 The regular meeting of the Meridian City Council was called to order at 6:45 P.M., on Tuesday, August 6,2002, by Mayor Robert D. Corrie. Members Present: Mayor Robert Corrie, Tammy de Weerd, Keith Bird, Cherie McCandless and William Nary. Others Present: Bill Nichols, Gary Smith, Brad Hawkins-Clark, Brad Watson, Mike Worley, Sharon Smith, Ken Bowers, and Dean Willis. Item 1. Roll-call Attendance: X Tammy de Weerd X Bill Nary X Cherie McCandless X Keith Bird X Mayor Robert Corrie Corrie: All right. The time is a quarter until 7:00. I will open the City Council Regular Meeting on Tuesday, August the 6th, at the City Council Chambers. We will have roll call attendance, please. Item 2: Adoption of the Agenda: Corrie: Okay. All here and present. Adoption of the Agenda is Item Number 2. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: T he only thing outside of the Consent Agenda would be to take care of is Item Number 7, a Continued Public Hearing for the contract Parks and Recreation System Action Plan has been asked by the Parks Department and the Committee for the impact fees to be tabled to September 1 ih, so they can do some more work on the impact fees. Other than that I would move, then, that we approve the agenda as noted. De Weerd: Second. Corrie: Motion has been made and seconded to adopt the agenda with the exclusion of 7, a Public Hearing, which will be postponed. Any further discussion? Hearing none, all those in favor say aye. Opposed no? All approved. MOTION CARRIED: ALL AYES Item 3. Consent Agenda: A. Approve minutes from July 9, 2002 City Council Special Meeting: ( Meridian City Council Meeting Augus16,2002 Page 2 of 77 B. Approve minutes from July 9, 2002 City Council Joint Workshop: C. Approve minutes from July 16, 2002 City Council Regular Meeting: D. Tabled from July 2, 2002: Findings of Facts and Conclusions of Law: 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: E. Tabled from July 2, 2002: Findings of Facts and Conclusions of Law: PP 02-006 Request for Preliminary Plat approval of 455 single-family lots, 38 common lots and 1 other lot on 190.47 acres in a proposed R-4 zone for proposed Tuscany Lakes Subdivision by Gem Park II Partnership - west of South Eagle Road and south of East Victory Road: F. Tabled from July 2, 2002: Findings of Facts and Conclusions of Law: CUP 02-006 Request for a Conditional Use Permit for a Planned Unit Development consisting of 353 buildable lots and 31 common lots on 138.88 acres for proposed Tuscany Lakes Subdivision by Gem Park II Partnership - west of South Eagle Road and south of East Victory Road: G. Findings of Facts and Conclusions of Law: VAR 02-007 Request for a Variance for reduced setback from ten feet to five feet on the side of a home with a dormer on the second level by KW Homes - Lot 28 Block 4 of Packard Estates No.3, 2641 E. Bernice Dr.: H. Findings of Facts and Conclusions of Law: AZ 02-004 Request for annexation and zoning of 127.74 acres from RUT to C-G, L-O and R-4 zones for proposed Sutherland Farm by Sutherland Farms, Inc. - east of South Eagle Road and north of East Victory Road: I. Findings of Facts and Conclusions of Law: PP 02-004 Request for Preliminary Plat approval of 308 building lots and 30 other lots on 127.64 acres in proposed L-O, C-G and R-4 zones for proposed Sutherland Farm by Sutherland Farm, Inc. - east of South Eagle Road and East Victory Road: J. Findings of Facts and Conclusions of Law: CUP 02-005 Request for a Conditional Use Permit for a Planned Unit Development for residential, commercial and office park Meridian City Council Meeting August6,2002 Page 3 of 77 development for Sutherland Farm by Sutherland Farm, Inc. - east of South Eagle Road and north of East Victory Road: K. Findings of Facts and Conclusions of Law: AZ 01-015 Request for annexation and zoning of 34.60 acres from RUT to I-L and L-O zones for proposed Utility Subdivision by Falcon Creek, LLC - 3365 North Ten Mile Road: L. Findings of Facts and Conclusions of Law: PP 01-017 Request for Preliminary Plat approval of 11 building lots on 34.60 acres in proposed I-L and L-Q zones for proposed Utility Subdivision by Falcon Creek, LLC - 3365 North Ten Mile Road: M. Order Granting Appeal: AP 01-00 Stop Work Order at 2340 West Franklin Road by Walt Morrow: N. Development Agreement: AZ 01-008 Request for annexation and zoning of 12.71 acres from R1 and RUT to C-G and R-40 zones for proposed Baltic Place Subdivision by L.C. Development, Inc. - Franklin Road west of Locust Grove Road: O. Resolution No. 02-381: Recognizing ValleyRide as the regional public transportation authority: P. Award of Contract, 2002 Sewer Cleaning Project: Q. Award of Contract, Asphalt Pavement Improvements at Waste Water Treatment Plant: R. Agreement for Professional Services Addendum No.1 - White Drain Sewer Trunk Project, Keller Associates: S. UV Disinfection, Grit Basin and Outfall Project - Tertiary Filter Bypass Change Order: T. South Slough Sewer Project, Sewer Easement - Dixie Roberts: U. South Slough Sewer Project, Sewer Easement - Vern Alleman: V. Snorting Bull (Woodbridge) Subdivision Off-Site Water and Sewer Easement - Paul and Margaret Loree: W. W.H. Moore Consent to Annexation Agreement: Corrie: Consent Agenda. Meridian City Council Meeling August 6, 2002 Page 4 of 77 De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I move we approve the Consent Agenda with the following changes, to move Items D, E, F, M, Rand W to the Regular Agenda Number 5 as 5-D, E F, M, R, andW. Bird: Second. Corrie: Okay. Any further discussion? Hearing none, roll-call vote. Roll call vote: McCandless, aye; Nary, aye; DeWeerd, aye; Bird, aye. Corrie: Okay. All ayes. Motion is approved. MOTION CARRIED: ALL AYES Approve Bills: Item 4: Department Reports 1. Police Department - Mike Worley A. Agreement for Police Testing: Corrie: Item Number 4 is the Department Reports -- excuse me. Department Reports, Police Department. Mike Worley. Worley: Thank you, Mayor, Members of the Council. We have over the past few months been in some discussions with a company called Public Safety Testing out of Bellevue, Washington. This company has been in existence for a couple of years in the State of Washington and their business is to conduct pre-hire written testing and physical fitness testing for police agencies. They do provide validated tests in both areas. The applicant goes to them and can specify which agency they would like their test scores to go to. This has proven to be very successful in Washington. The candidates, rather than going around hitting each department on different testing schedules, can get one test score that's provided to whomever they want it provided to. Once we get a test score from somebody from this organization, we then continue on with our normal application process for selection. The agreement that you have in your package is an agreement to allow Public Safety Testing Company to conduct our pre- hire tests. Like I say, they have been in Washington for a period of time and the agencies I have talked to in Washington are very happy with the service they are getting. They are just making an in-road into Idaho. This will be the first area that they have attempted to serve. The City of Boise has already signed an agreement with Meridian City Council Meeting August 6, 2002 Page 5 of 77 them. Garden City is in the process of doing so, and Nampa is -- was in the process of it, but due to the untimely death of Chief Priest that's been put on hold, but the last information I had is they are also planning to move with them. With that I would be open for questions and, if not, J would ask Council's approval and for the Mayor to sign and the Clerk to attest the agreement. Corrie: Okay. Any questions of Council? Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: Chief, [ don't see any cost of this agreement. Corrie: Exhibit A. Worley: Mr. Mayor, Councilman Bird, there is -- the cost is based on the number of employees in the Police Department. We are able to fund a three-year contract, which we can also opt with each individual year. We do have funding available remaining in our budget this year to fund a three-year contract, which locks us into our current -- price based on our current number of employees. Even though we would add employees over the next three years, by doing a three-year contract we can lock into a -- not only a reduced fee, but a fee based on the current number of employees. Bird: Thank you. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Chief, I was just curious and maybe I just missed it in the contract, but since the grade is based upon employees on the -- currently in the department, not the number of people that get tested to be on the department, does that mean we can test however many we want? Is that how that works? Worley: Mr. Mayor, Councilman Nary, actually, yes. The employee or the applicants themselves also pay a testing fee to the company, but they will test as many as they want, because they are testing for 100 plus departments in Washington, plus whatever they sign up for here. They are also moving into California and there is no restriction on where you would test. For instance, if somebody, you know, in the Seattle area is interested in Meridian, Idaho, they can take the test in Seattle and have the scores sent down here. That's strictly a function between the applicant and the company. Nary: Thank you. Meridian City Council Meeling August 6, 2002 Page 6 of 77 Corrie: Any further questions? Okay. Thank you, Chief. Any discussion? Hearing none, I'll entertain a motion on the request for the City Police. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I'd move the approval of this Subscriber Agreement with the City of Meridian Public Safety Testing dot com for the terms as described in the contract that have been presented, including Exhibit A and, as well for the Mayor to sign and the Clerk to attest for the three-year contract. Bird: Second. Corrie: Okay. Motion has been made and seconded. Any further discussion? Hearing none, roll-call vote, please. Roll call vote: McCandless, aye; Nary, aye; DeWeerd, aye; Bird, aye. Corrie: Okay. All ayes. Motion carried. MOTION CARRIED: ALL AYES 2. Public Works Department - Brad Watson A. 1-84 Sewer Crossing Project Latecomer Agreement - G.L. Voigt: Corrie: Public Works. Brad Watson. Watson: Thank you, Mr. Mayor, and Council Members. The first item under Department Reports is a Latecomer Agreement with G.L. Voigt Development Company for a sewer line they constructed two, three years ago across Interstate 84. It ended up serving the Resolution Sub and it also serves another benefit area. I'm not sure that this needed to be on -- under Department Reports, it probably could have been taken care of under Consent Agenda. The only point of interest is that this agreement reflects the discussion that you and I had over the Silverstone Latecomers Agreement, which includes adding a 10 percent city administrative fee, rather deducting it from the latecomer payments. If there are any questions, I would be happy to answer those. Corrie: Okay. Any questions of Council? Okay. All right. That being the case, I will entertain a motion on the Project Latecomer Agreement on the 1-84 Sewer Crossing, G.L. Voigt. Bird: Mr. Mayor? Meridian City Council Meeting Augus16,2002 Page 7 of 77 Corrie: Mr. Bird. Bird: I move that we approve the 1-84 Sewer Crossing Project Latecomer Agreement for G.L. Voigt Company and for the Mayor to sign and the Clerk to attest. McCandless: Second. Corrie: Okay. Motion has been made and seconded. Any further discussion? Roll call vote, please. Roll call vote: McCandless, aye; Nary, aye; DeWeerd, aye; Bird, aye. Corrie: Okay. Motion carried. MOTION CARRIED: ALL AYES B. Five Mile Sewer Trunk Extension Latecomer Agreement - Sundance Development Company (Silverstone): Watson: Thank you. The second item under Department Reports is a Latecomers Agreement with Sundance Development Company for the Five Mile Sewer Trunk extension by Silverstone -- or to Silverstone Subdivision. I did not receive a signed copy of that agreement as of 5:00 today, so I would request that it be tabled to August 2yth. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I would move that we table the Five Mile Sewer Trunk Extension Latecomers Agreement with Sundance Development Company, Silverstone Project, until August 2yth. McCandless: Second. Corrie: Okay. Motion has been made and seconded. Any further discussion? Hearing none, all in favor of the motion say aye. Opposed no? Motion carried. MOTION CARRIED: ALL AYES. Item 5: (Items Moved from Consent Agenda) D. Tabled from July 2, 2002: Findings of Facts and Conclusions of Law: AZ 02M005 Request for annexation and zoning of 196.20 acres from RT to R-4 zones for proposed Tuscany Lakes Meridian City Council Meeting Augus16,2002 Page 8 of 77 Subdivision by Gem Park 'I Partnership - west of South Eagle Road and south of East Victory Road: E. Tabled from July 2, 2002: Findings of Facts and Conclusions of Law: PP 02-006 Request for Preliminary Plat approval of 455 single-family Jots, 38 common lots and 1 other lot on 190.47 acres in a proposed R-4 zone for proposed Tuscany Lakes Subdivision by Gem Park II Partnership - west of South Eagle Road and south of East Victory Road: F. Tabled from July 2, 2002: Findings of Facts and Conclusions of Law: CUP 02-006 Request for a Conditional Use Permit for a Planned Unit Development consisting of 353 buildable lots and 31 common lots on 138.88 acres for proposed Tuscany Lakes Subdivision by Gem Park II Partnership - west of South Eagle Road and south of East Victory Road: Corrie: Okay. The next item is the items removed from the Consent Agenda. We have D, E, and F. Who took that one off? Keith, did you want to have all three at one time? Bird: It was Tammy's-- Corrie: Do you want to discuss them one at a time or all three at one time or-- De Weerd: All three at one time. Corrie: Okay. De Weerd: Mr. Mayor, the applicant has sent a letter regarding the finding and so I thought it would be appropriate to discuss the issues and to see if we want to change anything. Corrie: Okay. Let's hear from the staff first on the comments. Brad? Hawkins-Clark: Thank you, Mr. Mayor, Members of the Council. Staff has reviewed the July 25th letter from Kent Brown at Briggs Engineering. The first item there -- actually, I guess the first two have to do with the Ada County Highway District comments. Since those are incorporated into our findings, essentially this is making our findings compliant with what the final ACHD report was. That they do have that 10 foot wide pathway just on one side of their entry off of Locust Grove, if you recall, on the north of their main collector there. That's what that Item 16 on the first page has to do with. We did submit a Position Statement on the Item 17 that has to do with the height of some houses adjacent to this -- or houses within this on Lots 32, 33, and 34, so there are three lots involved and the request there is to change it from a 20 foot maximum height from zero grade to a 25. We are concurrent with that in our Position Statement. Then the last -- the fourth item there on Kent Brown's July 25th letter is regarding the new water mains Meridian City Council Meeting August 6, 2002 Page 9 of 77 and there was a Position Statement from Bruce Freckleton, the Public Works Department that concurs with that. Generally, I think staff's in concurrence with our two position statements. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: On the height issue, what was the testimony about that? When the residents left did, they think it was going to be 20 feet? Was P&Z -- was that their recommendation? How are we changing it from 20 to 25 or what are staff's feelings on that? Hawkins-Clark: Commissioner de Weerd, our feeling is tied to the Building Official's comments about the average height of a standard single-family detached house. According to Daunt Whitman, those -- you know, 25 foot is a -- would certainly be a maximum, but there are many single-story houses that have that as a height from existing grade to -- you know, to a peak. That's -- somewhere that was derived from. I'm sorry, I did not check to see if the 20-foot was specifically discussed. Certainly, it has -- it has been in there since the original Tuscany. If a neighbor or property owner, you know, read the staff report, that five foot would be a change. De Weerd: Yes and I guess that would be my concern. Corrie: Okay. Any other questions for staff? Mr. Brown, are you here? I know you're here. I talked to you earlier. Name? Brown: Kent Brown. Business address 1800 West Overland, Boise, Idaho. Just -- the discussion about the building height came up specifically -- from P&Z it was a recommendation that it be a single level. Then at the City Council you were the ones that had the problem with, you know, what does that really mean. There was discussion from the attorney as to we really need to be specific on this and an arbitrary height was picked at 20 feet at that point. In speaking with the Building Official after that, they said 25. I think the critical part that you guys would be most interested in is that it's not talking about having any windows other than the ones that are on the lower level and nothing that can peer down and that language is still the same. What we are looking at is just it gives us a little higher pitch on the -- with a 6/12 pitch roof, that we have that height. That's I think the biggest part of that difference. We did go back and we previously discussed with the Highway District and got them to adopt the pathway. That's the only other really change that's taken place and asking you to adopt those plans. Bird: Mr. Mayor? Corrie: Mr. Bird. Meridian City Council Meeting August6,2002 Page 10 of 77 Bird: I'm in agreement with Mr. Brown, because you get things on 20 feet, it's an awful flat roof. De Weerd: And you're not going to have any-- Bird: And you're not going to have any ceiling in the house. Twenty-five is going to give you a real steep, but it should do the job. Might get a 1/12 pitch if you got a nine foot ceiling in there -- Brown: A lot of that had to do -- to just clarify, you take the 6/12 pitch and taking an average width of the house and then putting a 6/12 on there, you exceed that 20 foot height, just taking an average width of the house. That's where that was derived. I think you have the protection with the wordings that Mr. Nary put on that condition with regards to the windows. De Weerd: Oh, he came up with the 20? Nary: Well, Mr. Mayor? Corrie: Mr. Nary. Nary: And I would agree with Mr. Brown. Probably the 25 does make more sense. There is -- I don't know how many affected people there are in this area. Brown: There was one. Nary: Yes. Mr. Brown, I recall we had a circumstance that happened in the City of Boise where a person built his house consistent with the height requirement of the house next door. I think it was Boise at that time, but since we won't have -- we shouldn't have a problem that all these houses are going to be built, you know, at approximately the same time and all be under the same restriction, that shouldn't happen. I think that the first floor -- I think I got the impression, Mr. Brown that I think when people left that was what they wanted. You know, no windows, not facing their house, their homes, that kind of thing. '1 think -- I think 25 makes sense and I don't see it as a change that-- De Weerd: No and since P&Z didn't mention a height, they mentioned a story, that's fine. Corrie: Okay. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. Meridian City Council Meeling August 6, 2002 Page 11 of 77 De Weerd: I move that we approved the Findings of Facts and Conclusions of Law on the request for annexation and zoning of 196.2 acres from RT to R-4 for the proposed Tuscany Lakes Subdivision and have the Mayor sign and the Clerk to attest. Bird: Second, Corrie: Okay. Motion has been made and seconded. Any discussion? De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: And that would include the comments from the applicant on the Findings where appropriate. Bird: Second agrees. Corrie: Okay. Any further discussion? McCandless: Mr. Mayor? Corrie: Mrs. McCandless. McCandless: Since originally, I voted against this project, but it still went through, I see no reason to continue in my no vote. I just wanted to say that's why I'm going to vote aye on this. Corrie: As the school kids would say, it's the principle of the thing. McCandless: The principle of the thing, You bet. Corrie: Any other discussion? Okay. Roll call vote, please. Roll call vote: McCandless, aye; Nary, aye; DeWeerd, aye; Bird, aye. Corrie: Okay. All ayes. Motion carried. MOTION CARRIED: ALL AYES, Corrie: Mrs. de Weerd. De Weerd: Mr. Mayor, I move that we approve the Findings of Facts and Conclusions of Law on the request for Preliminary Plat for 455 single family lots, 38 common lots, and one other lot on 190.47 acres in the proposed R-4 zone of Tuscany Lakes Subdivision. Ask the Mayor to sign and the Clerk to attest and to incorporate the comments from the applicant into the findings. ! Meridian City Council Meeting August 6, 2002 Page 12 of 77 Bird: Second. Corrie: Motion has been made and seconded. Any other discussion? Hearing none, roll call vote, please. Roll call vote: McCandless, aye; Nary, aye; DeWeerd, aye; Bird, aye. Corrie: Okay. All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I move we approve the Findings of Facts and Conclusions of Law for the request for a Conditional Use Permit for a Planned Unit Development consisting of 353 buildable lots and 31 common lots on 138.88 acres for the proposed Tuscany Lakes Subdivision. To incorporate the comments from the applicant into the Findings as noted and ask the Mayor to sign and the Clerk to attest. Bird: Second. Corrie: Okay. Motion has been made and seconded. Any further discussion? Excuse me. Roll call vote, please. Roll call vote: McCandless, aye; Nary, aye; DeWeerd, aye; Bird, aye. Corrie: All ayes. Motion carried. MOTION CARRIED: ALL AYES. M. Order Granting Appeal: AP 01-00 Stop Work Order at 2340 West Franklin Road by Walt Morrow: Corrie: The next item is M, Order Granting Appeal Stop Work Order on Franklin Road by Walt Morrow. Mr. Bird. Bird: No. Mr. Nichols. Corrie: Mr. Nichols. Nichols: Mr. Mayor, Members of the Council, I asked this to be pulled, because the applicant or the appellant, I should say, noted some items in our draft findings. There were some typos where east should have been west with regard to Franklin Road and Meridian City Council Meeting Augus16,2002 Page 13 of 77 we will fix those. The other had to do with the condition, which had been in a previous draft of the order regarding a Conditional Use Permit on any other uses beyond the storage and the calving. Going back through and looking at the minutes, that was not part of the motion to include that condition in the order. We didn't have -- I think we just got the minutes here just recently, so -- so that would be paragraph two of the order, which had read that any change or enlargement of a use would require a Conditional Use Permit will be stricken. It does still limit the use of the property to storage and a loafing area for cattle. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: Was that not in the original documents, though, and the discussion? I guess I can't -- Nichols: Councilwoman de Weerd, Mayor, Members of the Council, there was a lot of discussion about it. Basically, it was talked about as being deferred until such time as the issue comes up. Mr. Morrow's contention was that if his proposed use is a use that's allowed in the zone, that he would have to comply with whatever Building Codes are required for that specific use of the building at the time. That he would not need a zoning approval for the use if it were an outright allowed use in an industrial zone. That's what's reflected in the minutes. If you want, we can defer the issue and you can review the minutes. De Weerd: Mr. Mayor, I guess, you know, it wasn't specifically talked about, but it appears this -- in recall I thought that was in the documents originally anyway. I would like to look back at -- you know, on one hand you want a nonconforming use and on the other hand he wants to be able to do what is allowed in the zoned use, so he wants his cake and eat it, too. I think you either want it one way or you should have it the other. So -- and that wasn't specifically addressed in the discussion, but it was in the documents that we had in front of us in our original motion I thought. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: And I have no objection if we want to set it over so we can review the minutes. My recollection is that what I think Mr. Morrow said was essentially if he was going to change the use to be a conforming use, then he didn't need to get a Conditional Use Permit to do that. That as long as it was going to be something that would be allowed so that change from the non-conforming to a conforming use, it's pointless, then, to have to come back for a Conditional Use Permit at that point. De Weerd: But he should have to do a Conditional Use Permit to do a non-conforming use. Meridian City Council Meeting Augus16,2002 Page 14 of 77 Nary: Well, he can't change to a nonconforming -- another nonconforming use. Corrie: Is that zoned industrial? Nary: It's zoned industrial now. Corrie: And he has a grandfather clause, is that right? Nary: Yes. Corrie: Okay. So he has -- yes, he can do what he wants as long as it's industry, but nothing else -- Bird: That's what this states right here. Corrie: I just -- Nary: But if you would feel more comfortable reviewing the minutes, fine, it doesn't matter. That was my recollection that he was simply saying that -- this says on any change of use you will have to get a Conditional Use Permit. To him it didn't make sense if he did decide to change it to something that was a conforming use and allowed within the zone, a strict reading of this would say he still has to get a Conditional Use Permit anyway and that doesn't make any sense. Bird: Don't make any sense. Nary: But, you know, we can certainly set this -- this has gone on for nine months and it doesn't matter if we set it over. De Weerd: It seems like he's building already. He didn't wait for this document anyway. Nary: Well, if you want to wait until we can review it, that's fine with me. I don't care. De Weerd: Yes. If we could do that. Mr. Mayor, I would then move that we table this item to August 20,2002. Nary: I'll second. Corrie: Okay. Motion has been made and seconded to table to August the 20th meeting. Yes. Okay. Any further discussion? All those in favor of the motion say aye. Opposed no? Okay. All ayes. It will be tabled to the 20th. MOTION CARRIED: ALL AYES. Meridian City Council Meeting August 6, 2002 Page 15 of 77 R. Agreement for Professional Services Addendum No.1 - White Drain Sewer Trunk Project, Keller Associates: Corrie: The next is R, which is the Agreement for Professional SeNices Agenda Number 1 for White Drain Sewer Trunk Project, Keller Associates. Is that the one that Keith had? Bird: That's the one I had. Corrie: Okay. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: Mr. Watson? Watson: Yes. Bird: I have no doubt that this is legitimate and everything, but we are getting up to 20 percent engineering fees on a project? That is -- to me it seems like, you know, 1/51h of your project going to engineering fees? It seems a little steep when most of our other ones I went back and tracked have been running in the 11 to 14 percent and none of them have been sewer trunks, Brad, so] don't know. Watson: Councilman Bird, Mayor, and Council Members, on the last page of the attachment, the original agreement amount with Keller was 137,000. Our original construction estimate on this was 1.4 and, as you know, we had quite a bit of competition on the award of that bid. The second low bidder was I think about 1.1 million. I don't know, that's kind of neither here nor there. Typically, these sewer trunk projects that we have been doing, the Five Mile Relief Line, the engineering is much less, but we don't really have to secure easements through undeveloped ground on those. The real -- the amount of effort extended on this to not only procure the easements, but to redesign to conform to all these subdivisions that are going in has been huge. There are areas of this trunk that have been redesigned probably four or five times to cooperate with several developers and we -- Keller is very cautious about this and I'm conscious of it. We try to do as much as we can in-house to negotiate some of these easements and take care of some of the administrative work that -- just so we don't run up the bill, but I don't know if that answers your question, but-- Bird: Okay. I have got one other question, Brad, and it's probably more of a statement than a -- are they -- are they doing the actual going out and purchasing the easements from the landowners? Watson: Councilman Bird, when the project began Keller was charged with making the initial property owner contact and negotiating with them. As the project evolved and Meridian City Council Meeling August 6, 2002 Page 16 of 77 more developers purchased property throughout the alignment, that sort of drug the Public Works and specifically me into it to be the go-between, because Keller didn't know what was going on, on the development side. I had to be the go-between quite a bit. Yes, they were charged with procuring the easements and negotiating for donation of easement and, as you well know, that hasn't occurred in all instances. I -- they didn't do it all. Bird: Brad, what do you think on another project that -- of this type that -- would it not be better to get easement people, like real estate people, to go out and purchase it, other than engineers? Watson: Councilman Bird, I think that's an excellent idea and we know of at least one other firm that has the personnel on staff that does this professionally. There are some other right of way agents, that's all they do, that we have made contact with. They are offering their services so I think we engineers have learned a lot on this project about easements. Bird: So has the Council and the Mayor. Corrie: Yes. Bird: That's alii have. Mr. Mayor? Corrie: Mr. Bird. Bird: I move that we enter into an agreement for the Professional Service Addendum Number 1 on the White Drain Sewer Trunk Project with Keller Associates and for the Mayor to sign and the Clerk to attest. McCandless: Second. Corrie: Okay. Any further discussion? Hearing none, roll call vote, please. Roll call vote: McCandless, aye; Nary, aye; DeWeerd, aye; Bird, aye. Corrie: All ayes. Motion carried. MOTION CARRIED: ALL AYES. W: W.H. Moore Consent to Annexation Agreement: Corrie: The last item is W, W.H. Moore Consent to Annex Agreement. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. Meridian City Council Meeting August 6, 2002 Page 17 of 77 De Weerd: I asked that that be pulled. I had a couple of questions on the agreement and that was just more technical. If I was reading it literally or correctly, but that we will supply water and sewer to 68 acres, of which W.H. Moore has title and ownership and then effective, when both parties have executed this agreement, that obligates us to providing the services at the time. You know, I don't know legalese, but the way it was written I could have read it by when this is executed we better have those services up there and so I guess I would like an opinion on why it was written that way and if that would, indeed, make us liable or obligated at that time when we know it can't be done. Corrie: Mr. Nichols? Nichols: Mr. Mayor, Members of the Council, we used this agreement before with other landowners and so we just adapted it to this particular one. Perhaps I misconstrued what the motion of the Council was. He asked if -- my recollection is he asked for a will- serve letter and that he was willing to extend the service -- well, I think the services are there at least on the waterside and wHl be there soon on the sewer side through the South Slough extension. We can certainly revise this page to say when available. When readily available. That's on the second page. Corrie: Okay. All right. Mr. Nary. Nary: I'm wondering, too. [didn't notice this either, but I think Council Member de Weerd brings up a good point. I think didn't we have the same issue with Woodbridge that we had intended -- that they -- the will-serve letter was intended to be when available and eventually that became a contentious issue. We eventually had to extend the line out there sooner than we anticipated. Now was that -- is my recollection hazy about that? Because that's what I thought was essentially the same issue that Councilwoman de Weerd is bringing up is what happened with another project, that we ended up having this extended a little sooner than we thought we would, because they were saying we committed to doing this. Is that -- am I in the wrong ballpark on that? I think there was an issue about water pressure with Woodbridge. There was an issue about getting the line there extended and they were willing to actually pay for some of it. We -- the city ended up doing it, but partly because we had made this commitment like this and I think the intent was when we were able to, but the language didn't reflect that very clearly, so we just went ahead and did it. I think Council Member de Weerd's recollection is what the discussion has been all along. It was meant to be when we are able to do that, not next week, but as soon as possible or as reasonable a possible. Gary, do you recall what I'm talking about with Woodbridge? Smith: Councilman Nary, Mayor, and Council, it's a little bit hazy, but I think that our staff recommendation for approval of Woodbridge, at least Phase 2, was to -- for the developer to provide that extension to connect the subdivision. The decision that came out of Council was for the city to do that as part of our need to supply necessary pressures there for fire flow and so forth. I don't know. As I said, I'm a little bit hazy on my memory with that particular issue and comparing it to this, I'm not sure, but we do -- Meridian City Council Meeling August6,2002 Page 18 of 77 as Mr. Nichols stated, we do have water service along the frontage of -- along the Ustick Road frontage of Winston Moore's property right now. We will be beginning the South Slough sewer extension no later than the first part of -- or November 1 st. I think it has a six-month construction schedule. We should be there completed by May the 1st. I don't think that, in all reality, Mr. Moore will be able to do anything as far as his project is concerned within that time schedule. The good lord willing and the creeks don't rise, we will be there and be able to serve the property. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Maybe I don't know if it will matter with this agreement. I think the intention of the agreement is that you certainly can have a developer saying, well, I'm losing my financing. I'm spending more money on this, and you have agreed to provide it. It's six months away or it's a year away and we all knew it. We all talked about it, but our agreement doesn't say it. J don't think it's a concern, probably, maybe with Mr. Moore, but maybe just from a language standpoint in the future we are probably going to have to tighten it just to protect ourselves, so someone else doesn't say they lost some business opportunity because we weren't ready to provide the service right away. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: All this is is a letter of service when sewer and water is there. The water is already there. I don't -- and I think, like Mr. Nichols said, we have had these before and the deal with Woodbridge is -- I don't think is on the same line. I don't see any problem with it. When we have it there, it will be there, and it's in the works being there. Now if we didn't have a plan and we wasn't going to be doing it, it might be something else. We probably wouldn't want to enter into an agreement. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: We know what it is and we know what it means and says, but of late it seems like everything that's written seems to be challenged and kind of twisted. I just -- that's why I started reading things word by word to see what it really does say and not what it should imply. That was my primary concern. I guess a second question would be if we -- we have committed to helping plan an annexation route to this piece of property. If we can get that annexation route before the services are -- before the services are there, can we go through annexation at the same time and have this application in the city? You know, does this encourage that or discourage that? 1'm just trying to look at all the T's and l's and make sure they are dotted and crossed. ( Meridian City Council Meeling August6,2002 Page 19 of 77 Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: At least on this project, because, again, I don't think there is a concern with Mr. Moore. Maybe -- I see Mr. Seel's here. If we can at least make it clear on this particular agreement, that Mr. Moore recognizes that we don't have the services there today and that's not going to be a hindrance to him. At least on this one we can do that and I saw Mr. Nichols nodding his head, we can get that language a little cleaner so that we are clear in the future ones, I think that would be adequate. Then at least we have it on the record. I don't want to put you on the spot. Seel: I'm fine. Nary: As long as they are willing to put that on the record that Mr. Moore does recognize that we don't have the sewer service there and, you know, it's anticipated that it would be another six to eight months, that -- Seel: Jonathan Seel, W.H. Moore Company, 600 North Steelhead. Yes. To clarify, Mr. Moore's intention is when sewer and water is available. We know water is available. When sewer is available that we can connect to it at that time so there is no expectation at this point that when we signed this letter that the city is obligated to do that. With respect to the path to annexation -- and we mentioned this before to some people -- we are very interested in a path to annexation. If there is a point available, our preference is to go that way. However, right now what the county has said, before they would even process our application, if we go that route, we have to have a will-serve letter. That's kind of the genesis behind it to say, but if you want to change the language that states that way, I know Mr. Moore will be very comfortable with that. That's his intention and he would say that's -- Corrie: I think it questions what ifs, but that's not what we are after. Just the one question. Has Winston or have you started the procedure with the changing of the area of impact with the Boise City Council? Seel: Yes. Corrie: It has to start with them on yours. Seel: Yes. Just to answer that, I talked to the Ada County on this. I have talked to Will Berg and also to Gary Smith and as was explained to me -- and I have been through this process before. The first step is what's referred to as a renegotiation meeting and apparently you're going to have one here in the near term. At that, you get together with Ada County, basically, and say, yes, we are in agreement. Meridian can have this land, we are in agreement, and then we go through what is, as I understand, is more the formal approval process. That's the very first step and I, in fact, did talk to Willi think yesterday. I asked him when that was and he said, well, we are not sure when that's Meridian City Council Meeting August 6, 2002 Page 20 of 77 going to be scheduled, but when it is I will let you know. Again, we are ready to go forward on that at the appropriate time, but that's the first step. Corrie: Thank you. Any other questions. Mr. Nichols. Nichols: Mr. Mayor, Members of the Council, if you wish, we can have a revised agreement out this week and off to Mr. Moore or you can leave it as is. He's made the one change on the first page in terms of commercial development versus Business Park, which I don't think is a substantive change at all. However you wish to do it, we are ready to go. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I'll throw this out. I move that we approve the Consent to Annex Agreement or serve -- the will-serve letter with the W.H. Moore Company. Nary: Second. Corrie: Okay. Any other discussion? Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I was going to say Mr. Seel's statement on record is enough. I don't think we need to do an amended agreement. I think that's adequate for this one. We will just clean up the language on the next one and that will be fine. Corrie: Okay. Any other comments? Roll call vote, Mrs. Clerk. Roll call vote: McCandless, aye; Nary, aye; DeWeerd, aye; Bird, aye. Corrie: All ayes. Annexation is approved. MOTION CARRIED: ALL AYES. Item 6: Resolution No. : Adopting the Comprehensive Plan: Corrie: Now we are on Item Number 6. A resolution. I have got it here. Resolution Number 02-382. This is adopting the Comprehensive Plan. Discussion? De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. Meridian City Council Meeling August 6, 2002 Page 21 of 77 De Weerd: I guess one of the issues when we passed on this was to clean up the language on the USPA and I would like to know if there has been any progress or activity towards that. It certainly shouldn't hang up this resolution, but I thought it would probably be an appropriate time to ask. Hawkins-Clark: Mr. Mayor, Members of the Council, Councilwoman de Weerd, there has been contact with BCA, Ada County Association of Realtors, and Mr. Larry Durkin on getting together. They are prepared to do so. We actually have not set a date, but we can -- you know, they are prepared to meet. There was a couple of vacation issues going on, but everybody is back now, so we can move ahead on -- our understanding was that it's just basically layout the issues and the concerns that were addressed in the Public Hearing during the Comprehensive Plan on the urban service area and particularly using Public Work's letter regarding, you know, services outside of the city limits as kind of a base point. To kind of set the agenda off of that and it will basically just be a -- kind of a working meeting between staff and those three contacts I just mention, so -- De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: Then, Brad, will you be taking the lead role in this, the P&Z Department, or Public Works? I just want to make sure that someone is responsible for making this happen in a timely manner. I don't want this to drag on as long as that Comprehensive Plan did. You know, I would prefer to have it resolved by the time we get it to the County. I hope that doesn't give you a whole lot of time, but you never know. Hawkins-Clark: Understood. Yes. The text of the Comprehensive Plan can be amended at anytime. You know, we are not restricted to the six-month issue, so we are certainly ready to move ahead. We -- I took the initial role to contact them. Frankly, we waited until this resolution was done, thinking it was kind of the way we wanted to go, but we can move ahead and set that meeting soon. De Weerd: Well, I would like to see that done, so when we do take this to the County we have that language in hand. That's just for the matter that that language concerned me on what decisions are made at the county level on some of the language in our Comprehensive Plan. It would be nice if we could bring that at the same time. Hawkins-Clark: If I could ask is there other parties that the Council would like to be involved in the discussion or would a Council representative like to be involved in the meeting? Nary: Mr. Mayor? Corrie: Mr. Nary. Meridian City Council Meeling August6,2002 Page 22 of 77 Nary: I didn't hear Public Works as a part of that and I assume they would need to be a part of that discussion as well. Hawkins-Clark: Yes. Right. De Weerd: Well, I would be more than happy to, but I think it would be more appropriate that our full-time Mayor is. Corrie: Task well taken. We will do it. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I have one other comment, too, that I probably should have said the night that we approved the plan before we got to this resolution. I did want to thank the Planning staff, especially Brad and Steve, for all the work that went into it. This is a tremendous project and it's a great thing for the city. Brad, you did a ton of work on it and so did Steve. I know it was rewriting all that text over and over and over again and Steve in re- coloring the map 45 different times. That's a lot of work and we didn't say thank you for all that time and effort that you spent as well, so I just wanted to thank you. Hawkins-Clark: Thank you. De Weerd: Ditto. Nary: Same McCandless: Same. Corrie: Okay. You want to go ahead? Nary: Mr. Mayor, I will move that we approve Resolution 02-382, adopting the Comprehensive Plan for the City of Meridian. De Weerd: Second. Corrie: Okay. Let me back up just a second. Is there anybody in the public that would like to have the Resolution Number 02-382 read in its entirety? Thank you. I know we haven't read the title, but we need to do that, so if you will read the resolution by title only. I was just kind of jumping ahead to see if there was anybody out there that wanted it. Thank you. S. Smith: See how much reading we are doing tonight? Meridian City Council Meeling August 6. 2002 Page 23 of 77 Corrie: Yes. S.Smith: Resolution 02-382. Resolution of the Mayor and City Council of the City of Meridian to provide for findings and to establish the Meridian Comprehensive Plan for the City of Meridian and providing for the following chapters. Introduction. What is Meridian's history and what does the future hold. How was the plan put together? Who lives in Meridian and what do they do? What are the physical and cultural features of Meridian? What services are provided in Meridian? How was the land in Meridian developed? How to make this plan a reality. References to provide that to the Comprehensive Plan. Shall be the official policy guide for decisions concerning the physical development of the community. To provide for goals, objectives, and action within the plan based on six key community values. To provide for private property rights and providing an effective date. Corrie: Okay. You have heard the reading of the resolution by title only. ['II ask the question one more time. Is there anyone from the public that would like to hear it in its entirety? Hearing none, we had a motion and second. Any further discussion? Okay. Roll call vote, please. Roll call vote: McCandless, aye; Nary, aye; DeWeerd, aye; Bird, aye. Corrie: All ayes. The plan has been adopted. We will move foreword. MOTION CARRJED: ALL AYES Item 7: Continued Public Hearing from July 2, 2002: Proposed Comprehensive Parks and Recreation System and Action Plan: Corrie: Item 7 has been requested to be continued to September 10 of 2002. This was Mr. Bird's request from a request from the Parks and so, Mr. Bird I will entertain a motion to do that. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I move that we continue the Comprehensive Parks and Recreation System Action Plan until September 10,2002. Nary: Second. De Weerd: Second. Corrie: Motion has been made and seconded. Any further discussion? Hearing none, all those in favor of the motion say aye. All ayes. Motion carried. Meridian City Council Meeting Augus16,2002 Page 24 of 77 MOTION CARRIED: ALL AYES Item 8: Ordinance No. AZ 01-008 Request for annexation and zoning of 12.71 acres from R1 and RUT to C-G and R-40 zones for proposed Baltic Place Subdivision by L.C. Development, Inc. - Franklin Road west of Locust Grove Road: Corrie: Item 8 is an Ordinance Number 02-968. This is a request for annexation and zoning of 12.71 acres from R-1 to RUT to C-G and R-40 zones for proposed Baltic Place Subdivision by L.C. Development Corporation. At this time I will ask the Clerk to read Ordinance Number 02-968 by title only. S. Smith: Thank you, Mayor, and Members of the Council. City of Meridian Ordinance Number 02-968. An ordinance finding that certain land to be known as Baltic Place Subdivision, the location of which lies contiguous -- do we have the wrong one here? No. That's right. Excuse me. Which lies contiguous or adjacent to the city limits of the City of Meridian, County of Ada, State of Idaho and finding that the owner has made a request for annexation in writing to the Council. That said land be annexed into the City of Meridian and zoning designated High Density Residential District (R-40) and General Retail and Service Commercial District, (C-G) 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 area 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. Is there anyone from the audience that would like to have Ordinance Number 02-968 read in its entirety? Hearing none, Council, I'll entertain a motion on the request for annexation and zoning. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I move that we approve Ordinance Number 02-968, request for annexation and zoning of 12.71 acres from R-1 to RUT and RUT to C-G and R-40 zones for proposed Baltic Place Subdivision by L.C. Development, Inc., and to have the Mayor sign and the Clerk to attest, with suspension of rules. Bird: Second. Corrie: Motion has been made and seconded. Any further discussion? Hearing none, roll call vote, Mrs. Clerk. ( Meridian City Council Meeting August 6, 2002 Page 25 of 77 Roll call vote: McCandless, aye; Nary, aye; DeWeerd, aye; Bird, aye. Corrie: Okay. All ayes. Motion is carried. MOTION CARRIED: ALL AYES Item 9: Ordinance No. AZ 02-008 Request for annexation and zoning of 5 acres from RUT to L-O zones for the proposed LDS Stake Center by Lombard Conrad Architects - 2515 W. Ustick Road: Corrie: Item Number 9 is Ordinance Number 02-969. This is a request for annexation and zoning of five acres from RUT to L-O zones for the proposed LDS Stake Center by Lombard Conrad Architects, 2515 West Ustick Road. At this time I would like to have, the City Clerk read Ordinance Number 02-969 by title only, please. S. Smith: Thank you, Mayor. Ordinance of the City of Meridian Number 02-969. An ordinance finding that certain land to be known as the LDS Stake Center located 2515 West Ustick Road and which lies contiguous or adjacent to the city limits of the City of Meridian, County of Ada, State of Idaho. Finding that The Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter-Day Saints, the owner, has made a request for annexation in writing to the Council. That said land be annexed to the City of Meridian and zoning designated Limited Office District (L-O) 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. Directing the Clerk of the City of Meridian to file a certified copy of the ordinance and map of the area 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 02-969. Is there anyone from the audience that would like to have it read in its entirety? Hearing none, I'll entertain a motion on the ordinance for the request for annexation for the LDS Stake Center. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I move we approve Ordinance Number 02-969, request annexation and zoning of five acres from RUT to L-Q zones for the proposed LDS Stake Center by Lombard Conrad Architects and ask the Mayor to sign and the Clerk to attest, with suspension of rules pursuant to state code. Bird: Second. Meridian City Council Meeting August 6, 2002 Page 26 of 77 Corrie: Motion has been made and seconded to approve Ordinance Number 02-969. Any further discussion? Hearing none, roll call vote, Mrs. Clerk. Roll call vote: McCandless, aye; Nary, aye; DeWeerd, aye; Bird, aye. Corrie: Okay. All ayes. Motion for the ordinance is approved. MOTION CARRIED: ALL AYES Item 10: V AR 02-009 Request for a Variance from the required number of parking spaces for the Cole Valley Christian School by Jeffrey L. King - 200 East Carlton Avenue: Application withdrawn by Applicant - refund requested Corrie: Item Number 10 is a Variance -- a request for Variance from the required number of parking spaces for Cole Valley Christian School by Jeffrey L. King, 200 East Carlton Avenue. The application withdrawn by applicant and refund requested. Council, you have a letter here of the request to retract the Variance and have a refund requested back. Any discussion? De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: Since it was part of our discussion at the Public Hearing on July 2nd, I don't see that there is really a problem not visiting the Variance request until a time when it is needed and that we should refund the application, because it's not a requirement -- or it's not an issue at this time. I guess if there is no further discussion, I would -- Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I just had a question, because I guess I propose this a lot of times as well, but what I'm curious is most of the time that we have done this and refunding it is because there is either a misreading of an ordinance or a direction given to somebody to apply for something maybe they didn't have to have. Here -- I guess maybe I just don't remember the discussion well enough to know, but here this is a situation where somebody applied for something and they decided they didn't need it. It wasn't that we told them they had to do something, it's that they decided they didn't need it. Now is that my poor recollection of -- because if somebody changes their mind in the middle of it and we have done all the staff work, which is what the fee is to cover, then I guess I'm not really in favor of giving back the fee. I just don't recall specifically what the reason for the withdrawal is and maybe Brad can help me with that. Nichols: Mr. Mayor? Meridian City Council Meeting Augus16,2002 Page 27 of 77 Corrie: Mr. Nichols. Nichols: Mr. Mayor, Members of the Council, I think the reason for the Variance request was if they were going to build the gym, then they were going to need additional parking spaces and they wouldn't have enough room for those. That's why they asked for a Variance but they are not building the gym at this time, as J understand their plan, so they have to come back in and get a Certificate of Zoning Compliance if they wanted to build the gym. At that time, then, the parking would have to be addressed. Nary: So they will have to pay it later if they want to come back in anyway, so -- Okay. That's fine. Corrie: Any other discussion? Nary: No. Corrie: Okay. I will entertain a motion for the request. Bird: Mr, Mayor? Corrie: Mr. Bird. Bird: I would move that we allow the application to be withdrawn by the applicant and refund the money to the Cole Valley Christian Church School, Variance on the number of parking spaces by Jeffrey L. King. Nary: Second. Corrie: Motion has been made and seconded to approve the request for withdrawal of the applicant and refund requested. Any further discussion? Hearing none, all those in favor say aye. Opposed no? All ayes. Motion carried. MOTION CARRIED: ALL AYES Item 11: FP 02-011 Request for Final Plat approval of 19 building lots and 3 other lots on 11.57 acres in an R-4 and C-N zone for Cherry Crossing Subdivision by Hawkins Companies - northwest corner of West Cherry Lane and North Under Road: Corrie: Item Number 11 is a request for Final Plat approval of 19 building lots and three other lots on 11.57 acres in R-4 and C-N zone for Cherry Crossing Subdivision by Hopkins Company. This is on the northwest corner of West Cherry Lane and North Under Road. Council -- excuse me. Staff comments. Hawkins-Clark: Thank you, Mr. Mayor, Members of the Council. The Council should have received a staff report dated July 25th from Bruce Freckleton and Steve Siddoway. ( Meridian City Council Meeting August6,2002 Page 28 of 77 We are asking that those conditions be referenced. We did also receive a response from CSHQA, the applicant's representative, dated August 1st, which you should have also had in your packets from a Jessica Aguilar. The general outline of the plat is here on the screen. As you may recall from the Preliminary Plat, there is an existing split zone here on this corner with C-N on these three commercial lots located right at the corner with single family detached housing along the north and along the west. The Final Plat request before you is to plat the entire acreage, the 11.57 acres. The next item on your agenda does have to do with a Non-Development Agreement request that pertains to the three commercial lots on the corner. I believe there are three or four items to just point out on that August 1 st response from the applicant. The second page, requirement Number 14, does have to do with the non -- if the Non-Development Agreement is accepted, they are requesting that the perimeter landscaping on Cherry Lane and Under be held until the first commercial occupancy. Essentially, they are looking at not having perimeter landscaping here along Under Road, along the commercial, nor along Cherry until they come in with actual buildings and construction on these three commercial lots. There is, as you probably know, an existing house here approximately here on the property and the applicant is asking that that existing dwelling be able to remain in use until that specific Lot 1, Block 3, here is built upon. J think that's the only item of disagreement. Staff is recommending that since the landscape buffer on Under Road is 25 feet, it would actually -- and we are asking for that buffer to be constructed when the first commercial building is constructed, regardless of which one of these three it's built on, so that Under landscape buffer would -- you know. The building is going to be sitting in the buffer, so they are going to need to remove the house in order to construct the buffer. We are recommending that the house be removed upon the first commercial Building Permit. We -- staff is okay with that Item Number 14. On the Number 24 due to a clarification for their CC&R's, I think the applicant is concerned that these commercial lots not be in the same block as the residential, so that they are not misconstrued to be a part of the same CC&R's as the residential. They are asking for these to be a different block. They have shown them as Block 2, Block 3, Block 4 and I think we'd like to -- prefer to see all a single block, but it could be a different block than this residential component here, so residential is shown as Block 1. If this were all Block 2 as a commercial block, then that would probably be our preference, father than showing three different block numbers. I believe that's the main two points on that. We would just ask for those two corrections from that July 25lh staff memo. Stand for any questions. Corrie: Any questions from Council of staff? Okay. Thank you. Is the developer here this evening? Huffaker: My name is Brian Huffaker with Hawkins Companies, 8645 West Franklin Road in Boise. I appreciate you taking time to review this application. I know it's been a long time coming with many diffefent applicants standing before you to get to this point. We are glad to bring some type of closure to this property here. We concur, basically, with the entire staff report as written, except for a couple items that Brad has brought up and we will try and clarify what our intent is with these three items. In our response letter of August 1S1 under the requirement Number 24 regarding the -- addressing the Meridian City Council Meeting Augus16,2002 Page 29 of 77 block and lots, we just were informed today by the County that they were denying our request for separating the commercial lots out with the different blocks. I don't think that's an issue anymore, because the County won't let us do that from their standpoint so that the current request in the staff report that those commercial lots be part of the same block as the residential will be so. Items Number 14 and Items Number 2 in our mind kind of go together as far as what we are trying to accomplish. It certainly would be our preference if we could, as Council Member de Weerd mentioned, if we could have our cake and eat it, too. It certainly would be our preference on the perimeter landscaping around the commercial lots to only do the portion of whatever commercial lot is being developed at the time in parcel by parcel. I have talked with the staff, I understand the concept that the city is trying to establish with some uniformity there and we don't mind doing that, even though it might be premature to come to the other lots, we understand what you are trying to accomplish there. That's why statement Number 14 we would agree to do the full perimeter at whatever the first commercial lot comes in. What our concern is with the house, which does sit at approximately in this location on Linder, is we feel that it is an existing use that's being utilized. It is generating income to offset the cost of the property. To prematurely remove that house and remove that use we feel is a burden to the owner in trying to financially secure the property and develop that. We don't feel that it really is a hindrance to the landscaping buffer at the time that it is put in. The house only encroaches in the 25-foot landscape requirement by about seven feet. The 25 feet of landscaping is not 100 percent plant material, there is a lot of grass and ground cover, which easily in that seven-foot area could be later improved with even bushes or sod or ground cover, whatever that might be. The trees that are on the original approved site plan could easily be placed outside of the perimeter of where that house might encroach that original 25 feet. I guess in requirement Number 4 we are okay with that, as long as that does not interfere with our building, our right to keep that house there along Linder. Other than that, we really don't have any other concerns with the report. The Non-Development Agreement has some time periods in there in which the landscape and the improvements on Phase 2 need to be completed, why do we have a commercial property come in or not, so that you do have some strings to bind us and to uphold us to perform. We'd ask that you would allow us to continue the use of that house until such time as that parcel is developed, which physically would require that house to be removed. Corrie: Any questions? Thank you. Huffaker: Thank you. Corrie: Okay. Council has heard the request for the Final Plat. Any discussion? De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: Was that house an item of discussion on the Preliminary Plat? Did anyone look at the minutes on what testimony was taken at that time on the -- Meridian City Council Meeting Augus16,2002 Page 30 of 77 Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: And I can only recall this item in Planning and Zoning, but my recollection is that the house was supposed to be removed. I don't think there was a discussion of leaving it there. I guess that was my only thought and that's what I had thought, but that was when it was Save-On and when Albertson's was coming in. That was prior to the Hawkins Company buying that property, but that's my only recollection was that was the prior developer. They were removing all of that, because they were going to build all of that, because I remember asking them are you going to do this, because they were closing some other stores. They assured us, oh, yes, they would be moving right onto it, and then they sold it. I think that was my only recollection of the discussion. That was a prior property owner, not with this property owner. They were supposed to remove it. Corrie: Hang on. It's not a Public Hearing, so who are you and -- Aguilar: If I may address the Council. I'm Jessica Aguilar with CSHQA, one of the developer's representatives. Corrie: Okay. Aguilar: And I can answer the question. Corrie: Okay. Aguilar: I'm with CSHQA. The address is 250 South 5lh Street. During the Preliminary Plat process, that it was a different owner and it was the intent at that time to demo the house. That whole site was going to be demo'd at once, whereas in this case it is being developed in multiple phases with separate owners. Corrie: Okay. Thank you. Bird: I was just going to state I don't recall when it come before us, the Preliminary Plat, or anything, the house wasn't a big issue at all. I don't recall it leaving or staying, you know, when it was -- the landscaping and the buffer was the thing that was the most -- our staff was the most concerned over. J don't see any reason the house can't stay -- it's a nice looking house -- until they are ready to develop the thing and then they will move it out. Corrie: Anybody live there now? Bird: Yes, there is somebody living there. Corrie: Is somebody living there now? Okay. Meridian City Council MeeUng August6,2002 Page 31 of 77 Nary: The house that was on the corner is vacant it has already been removed. The other house -- the older house, there was one vacant there and then the one that's behind it is the one I think we are looking at. De Weerd: The brick one. Bird: Yes. The brick one is the Nyborg's home. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I guess I don't have an Issue wIth the house, as long as, you know, that traditionally next to the house where the old one stood, is just usually a pile of weeds that, you know, I guess that could be the primary concern is that property be kept up. You know, if they landscape the berm area, I imagine they will keep up the landscaping on either side of it, because they will need to have to landscape that corner. I think it never was an issue, because the applicant who brought it through was going to take an active and immediate course of action, so it never was an item of discussion, since it was going to be a Save-On and a McDonald's. Nary: Right. De Weerd: So it wasn't an issue at the time. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Maybe I'm unclear as to the language. It appears to me on this issue about the house, the language in the staff report, Brad, simply just says they are going to have to remove the house before they develop the property, which we do -- I think we all agree on that. Hawkins-Clark: Phase 2. Nary: Right. Are you concerned because it's all one block now, that once they start developing any portion of that lot, like the -- what now is defined as Block 4, but now it's all going to be Block 1, when they develop that, that they are going to have to tear the house out at that point? Because of the -- all of it being one block? I guess I'm unclear as to what the change is we would be asking for, if you want us to leave the house until they are ready to develop that piece, what change would we need to make? Because I don't think, your language really prohibits that. Hawkins-Clark: Councilman Nary, Members of the Council, Item Number 14, the way we have it worded, it says if a Non-Development Agreement is approved as submitted, Meridian City Council Meeting August 6, 2002 Page 32 of 77 the remaining Phase 2 landscaping will be planted at one time prior to the first commercial occupancy. No. I'm sorry. That actually -- that actually would still be co rrect. Nary: Yes. I'm looking at additional considerations, Page 2-- Hawkins-Clark: Right. Nary: And all it says is until we -- they have to move the house before they can develop the property and we all would agree with that. I think they are just saying they don't want to develop that lot that the house is on and have to put the landscaping in just to tear the house out until they are ready to develop that piece. That particular language doesn't seem to prohibit it. I just -- I guess I couldn't see where we need to change it. Hawkins-Clark: Typically, also, our additional considerations are not included in the Legal Department's final documentation. Strictly the site specific. As written, the additional consideration would not be included as a condition. Nary: So if I'm correct, everything else we have heard, then the only -- the only issue that was of any contention still is -- well, was the 24, but the developer has said they are fine with the staff recommendation and requirement Number 14 I think is fine. Hawkins-Clark: Correct. Nary: Okay. Hawkins-Clark: So it would just be incorporating the corrections proposed in the August 1st letter for Number 2, Number 8, Number 10, and Number 14. Nary: Right. Hawkins-Clark: Yes. Nary: Okay. Corrie: Any other discussion? Okay. I'll entertain a motion on the request. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I'd move the approval of FP 02-011, request for Final Plat approval of 19 building lots and three other lots on 11.57 acres in an R-4, C-N zone for Cherry Crossing Subdivision by Hawkins Companies. Pursuant to the staff report of July 25th, with the correction as requested by the developer on their position statement of August 1 st in regards to the requirements Number 2, Number 8, Number 10, and number 14, as site Meridian City Council Meeting August6,2002 Page 33 of 77 specific requirements from the staff report. Site specific requirement 24 could remain, and for Counsel to prepare Findings of Facts and Conclusions of Law and Decision and Order. Bird: Second. Corrie: Okay. Motion has been made and seconded. Any further discussion? Hearing none, roll call vote, please. Roll call vote: McCandless, aye; Nary, aye; DeWeerd, aye; Bird, aye. Corrie: All ayes. Motion approved. MOTION CARRIED: ALL AYES Item 12: Non-Development Agreement for Cherry Crossing Subdivision by Hawkins Companies - northwest corner of West Cherry Lane and North Under Road: Corrie: Item Number 12 is a Non-Development Agreement for Cherry Lane -- excuse me -- Cherry Crossing Subdivision by Hawkins Companies, northwest corner of West Cherry Lane and North Under Road. Discussion? ]'1] entertain a motion on the request for a Non-Development Agreement. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I move we approve the Non-Development Agreement for Cherry Crossing Subdivision by Hawkins Companies and for the attorney to draw up Findings of Facts and Conclusions of Law and Decision and Order. Bird: Second. Corrie: Motion has been made and seconded for the approval of a Non-Development Agreement and for the attorney to draw up Findings of Facts and Conclusions of Law. Any further discussion? Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Since this is just an agreement, do we need findings, or do we just-- Corrie: Yes. Meridian City Council Meeling August6,2002 Page 34 of 77 Nary: Do we need Findings, Mr. Nichols? Nichols: Mr. Mayor, Members of the Council, in two and a half years of being at the meetings we haven't had a Non-Development Agreement. I would think just approving the Non-Development Agreement as you accept the terms that are there is good enough to authorize the Mayor to sign and the Clerk to attest and then it will be recorded. De Weerd: Okay. Well, I would amend that to a Non-Development Agreement and ask the Mayor to sign and the Clerk to attest. Bird: Second would agree. Nary: And I just had a question, Mr. Mayor. I didn't -- and maybe -- oh. I guess I didn't notice the comments from the staff on this Non-Development Agreement. Is there any concern about it and maybe I just didn't see it? Hawkins-Clark: Mr. Mayor, the only item I believe staff has noticed -- we did read through essentially the agreement and the Non-Development portion in terms of utility and landscaping we are in agreement with. There is in the second paragraph on Page 1 a reference to the blocks which now, according to -- it sounds like, according to Mr. Priester at Ada County, are not going to be able to be numbered as such, so that -- those should reflect the correct numbers. Other than that, staff is in agreement. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I would ask, then, the attorney to update the block information, but still authorize the Mayor to sign and the Clerk to attest pending those corrections. Bird: Second agrees. Corrie: Okay. Any further discussion? Okay. All those in favor of the motion say aye. Opposed no? Motion carried. Corrie: Item Number 13. Mr. Nichols, I don't think we need a role call vote, do we, on that one? Well, I'm learning parliamentary procedure rather quickly. Well, it won't hurt. Roll call. Roll call vote: McCandless, aye; Nary, aye; DeWeerd, aye; Bird, aye. Corrie: Okay. MOTION CARRIED: ALL AYES Meridian City Council Meeling August 6, 2002 Page 35 of 77 Nichols: Mr. Mayor, Members of the Council. Mr. Mayor, just for the record, we didn't prepare the Non-Development Agreement, so we will find out who did and make sure that it's corrected. Item 13: FP 02-015 Request for Final Plat approval of 82 building Jots and 4 other lots in an R-4 zone for Marlin Subdivision by W.H. Moore Company - north of J-84 east of South Under Road: Corrie: Good point. Item Number 13 is a request for Final Plat approval of 82 building lots and four other Jots in an R-4 zone for Marlin Subdivision by W.H. Moore Company, north of 1-84, east of South Under Road. Staff comments? Hawkins-Clark: Thank you, Mr. Mayor. The Preliminary Plat, as you know, was approved just a couple of months ago and so this is the first phase of the -- what they have as a two-phase subdivision. It's at the northeast corner of 1-84 and Under Road. Here on the screen is their proposed Phase 1. They are proposing essentially to construct the majority of the western half of the subdivision. They are proposing to construct the full buffer along South Under Road, as well as the full buffer along 1-84. They have included the road to connect to Mallard Landing Subdivision, which was a request of the Planning and Zoning Commission and a requirement of the City Council. It is in conformance with the Preliminary Plat. The staff report is dated July 23rd from Bruce Freckleton and Dave McKinnon and so we ask that those conditions be included with just what I believe are two small changes to that report. That's on the first page at Item Number 1. It refers to the Development Agreement and Item Number 11 on Page 3 refers to the Development Agreement. A Development Agreement was not required for Marlin Subdivision so that was incorrectly added. Those two conditions would just be -- need to strike the phrase -- the Development Agreement phrase on those two items. We did receive a response back from Hubble Engineering and there was one concern regarding Mr. Joe Silva's comments on the Final Plat. I don't know if Council received them, but what was given to staff at hearing is an August 6th -- just dated today, actually, an amended -- just a two page -- yes, an amended two page report, dated August 6, from our Deputy Fire Chief that does -- basically just corrects Item Number 7, which has to do with the street width. This subdivision, as you may recall here around this pocket park, they had proposed 29 foot street sections with restricted parking on one side, just on the residential side. That was added along with the correction to the street width. I think with the inclusion of that August 6lh revised memo from Joseph Silva and those two corrections in our staff report everything is in agreement. Thanks. Corrie: Thank you, Brad. Questions, Council? Okay. Is the developer here this evening? Jonathan. Seel: Good evening, again. Jonathan Seel, W.H. Moore Company, 600 North Steelhead, Boise, Idaho. As Brad mentioned, we have read through the staff report and, yes, we'd ask that the reference to the Development Agreement be stricken in those two items. I have a copy of a letter, which I would like to have inserted, from Joe Meridian City Council Meeting August 6, 2002 Page 36 of 77 Silva, which Brad talked about with the 29-foot wide streets. My only other comment -- I'll make it brief -- is on Item Number 3 on Page 2 of the staff report, approximately midway down, it says all development improvements, including playground equipment and landscaping, shall be installed and approved prior to obtaining a Certificate of Occupancy. We don't disagree that putting it in. Our concern is we are starting the project this year and, as all know, with winter coming on it may be impossible for us to be able to put these in. We had talked to Brad about coming up with some language of weather permitting. Obviously, we want to get the playground and the landscaping and everything as quickly as possible, it enhances our ability to market it, but we don't want to be restricted to potentially having to build or sell a home and having somebody move in, only because the playground equipment or something else is not there. We would ask that there be some language which Brad had actually sent over to us, basically saying that weather permitting we would put those in and up to that point we would bond for it and I only have the one page. Something like that would be acceptable to us. Again, I think we still go with the spirit of our agreement. Corrie: Any other questions of Jonathan? Seel: All right. Thank you very much. Corrie: Okay. Any further discussion on the request for Final Plat? Hearing none, then, I will entertain a motion on the request for Final Plat with the inclusions or exclusions. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I move that we approve the request Final Plat of 82 building lots and four other lots in an R-4 zone by -- for Marlin Subdivision. To include the corrections of deleting the reference to Development Agreement to Item Number 1 and Item Number 11, to adopt the language that was submitted regarding Item Number 3 as weather permits, up to -- after that to bond for -- whatever that statement was. And to ado~t the amended statements by the Meridian Fire Department, Joe Silva, dated August 6 hand ask the attorney to draw up Findings of Facts and Conclusions of Law and Decision and o rd er. Nary: Second. Corrie: I assume the attorney has that -- okay. Okay. Any further discussion? Hearing none, roll call vote, please. Roll call vote: McCandless, aye; Nary, aye; DeWeerd, aye; Bird, aye. Corrie: All ayes. Final Plat is approved as ordered. Meridian City Council Meeting August 6, 2002 Page 37 of 77 MOTION CARRIED: ALL AYES Item 14: FP 02-016 Request for Final Plat approval of 38 building lots and 7 other lots on 13.72 acres in an R-8 zone for Baldwin Park Subdivision by Capital Development - 14 mile south of West McMillan Road and east of North Under Road: Corrie: Item Number 14, a request for Final Plat approval of 38 building lots and seven other lots on 13.72 acres in an R-8 zone for Baldwin Park Subdivision by Capital Development, 1/4 mile south of West McMillan Road and east of North Under Road. Staff comments. Hawkins-Clark: Thank you, Mr. Mayor, Members of the Council. This is also the first phase of the Baldwin Park Preliminary Plat that was approved a few months ago. Again, we are talking about the east side of Under Road north of Ustick, just north of the half-mile section line. Here on the screen are the boundaries of the proposed phase one. Again, with Under Road here on the left side of the screen and the primarily collector entry road. A pocket park is shown here in the center of the plat. The White Drain does course the full boundary pretty much of this subdivision. I have included a portion here on Phase 1. The staff report regarding this was dated July 31, 2002, from Bruce Freckleton and Dave McKinnon. There are just a couple of items to point out. You should have received a memo that was prepared by myself, just submitted dated today, August 6th, and there are a couple of items there that are in response to Briggs Engineering August 6th's memo. Largely they are in agreement, but I will just hit the three or four items here that there are some discrepancies on. Again, referring to that August 6th, Number 2 is regarding the pressurized irrigation system and the applicant has originally noted that that would be owned and maintained by Settler's Irrigation District. They have requested the option to have the homeowners association own and maintain that. Gary, did you want to address that? I think our main issue there is we just wanted to get that nailed down tonight, rather than leaving it open and kind of hanging out there. We have basically just proposed either to leave it the way it is or if there are the homeowners -- if the homeowners are going to do it, then we have got an optional condition there. It's standard language regarding submittal of an operations and maintenance manual. Item Number 8, just regarding fencing -- and I will just point that out here on the south side of the plat, there is a micro path that is Yosemite Drive is here. On the south side of Yosemite, there is a 20-foot wide micro path and this is just correcting the lot numbers. Fourteen is here on the west and sixteen is on the east. That should be a correction to where the fencing was noted in the original staff report. Also, the staff report didn't address permanent fencing on the south side of the project. Number 18 is a recommended new condition that we have to construct permanent fencing here on the lot lines, rather than the subdivision boundary line. The city does have a 36-foot wide sewer easement, half of which is on the Baldwin Park property and half of which is on the future middle school property. That simply doesn't make any sense to us to have the permanent fence, obviously, in the middle of the easement. We are just recommending moving that fence up to behind these lots. Since this is a common lot here on the west side of this micro path, we are recommending that the Meridian City Council Meeting August 6, 2002 Page 38 of 77 fencing on these three residential lots be more friendly to this open space area and not be a solid six foot. That's -- that's the fencing here issue along the south. Then the last item under general requirements Number 1, we have not yet received a written statement from Settler's Irrigation District requiring the White Drain to remain open. As you may recall during the Preliminary Plat that did get some discussion. I checked the minutes. Essentially, the board has told the applicant verbally that they are going to require that White Drain to say open and not be piped. According to the Public Works Department, they did check, it looks like it would be a 36-inch or so pipe. Typically that 48 inch requirement that we have had wouldn't apply to this, in terms of waiving the piping, but should the Council support leaving that open, there does need to be formal waiver granted tonight to leave that open. I think those are the main issues that staff had. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I guess whatever happens we would like to see a letter from them to Meridian, so if they change their mind on some of the conditions depending on these applications that seem to hang them up forever. So -- and seeing that it seems odd that they want to keep that open with the school going in just to the south of it -- I don't know. The applicant can probably answer that one. Corrie: Any further discussion? Bird: I have none. Corrie: Okay. Is the representative of the applicant here this evening for Briggs? Arnold: Mayor, Members of the City Council, for the record Steve Arnold. Business address 1800 West Overland Road. Briggs Engineering. I'm here tonight representing Capital Development. You have received our comments on the staff report and the planning staff has addressed all of our issues. Tonight it looks like you're wanting us to hammer out whether it's going to be the homeowners association or Settler's Irrigation. We will be constructing it to be owned and operated by the homeowners association. We are having some difficulty with the Settler's Irrigation District. I believe that Brad commented on Lot Number 8, that should be Lot 14 and 16, Block 4. Hawkins-Clark: I'm sorry I did not. That would need to be corrected. Arnold: That still is the lots that are going out above. In regards to the Settler's Irrigation District as to piping or opening -- or leaving the canal open, we originally came before this Council and we were showing it piped and that's what we wanted to do. We have since met with the Settler's I rrigation District and received twice verbally and the client's received it twice, that we were to remain -- leave that open and that they needed a certain width easement. I can, if this Council feels comfortable, before the signature Meridian City Council Meeting August 6, 2002 Page 39 of 77 of the Final Plat, we can always get a letter at that time stating their position. It was their position and it was this board's approval. I have read through the minutes also, that we were going to leave that open based on our testimony and discussion. It was always the intent with the Preliminary Plat that we were leaving it open. I guess I would concur with the recommendation in this general requirement that tonight the board had granted the formal waiver of piping that, because of the situation that we are dealing with Settler's. As you know, across the road with Bridgetower Subdivision, they are required to leave it open. They were told once by the board that they were -- that they had to -- that they were going to pipe it, that piping was okay. The board acted on the decision and then after the fact came back and told them, no, you guys will need to leave it open, mainly due because it's collecting the groundwater within the area. They didn't feel that -- they felt as we were to pipe it, it wouldn't function as it was designed to. We disagreed with them. However, they have the final say within their easement. I will stand for any further questions. Bird: I have none. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Mr. Arnold, I guess -- so in the recommendation from the staff, what do we need to change? I guess we just need to say on that to comply with whatever Settler's Irrigation District requirements are. Is that really what we are talking about? Arnold: Mr. Mayor and Councilman Nary, basically. That's what was on our Preliminary Plat letter -- on our Preliminary Plat Findings, to comply with Settler's Irrigation District. Nary: Is that Site Specific Requirement 15? I guess I don't -- I don't see anything in there that says you have to pipe it. Arnold: There is none. It's general requirement number one. Nary: Oh. Okay. Arnold: It's a standard, I believe, boilerplate language. I just didn't want to get down, you know, where we are getting to the signature of the Final Plat and have someone go through and -- I mean as a general condition it was -- I guess I'm trying to head off a headache. De Weerd: Good idea. Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I do remember that conversation and I guess we need the letter from the Irrigation District. I would also like that letter to go to the school direct and it seems like Meridian City Council Meeting August6,2002 Page 40 of 77 the neighbors, as they move in, they back up to this and they see kids playing in it, they then want to challenge and have it piped. If there can be some official note on the plat or something that that drain is -- that is the intent is to be left open, so it's, then, obvious for those people buying those lots that they are buying a lot next to an open ditch. It's going to solve some heartache in the long run by them petitioning the developer to pipe it further down the road. It might help having that notation that it's an open ditch or something on the plat. Arnold: Mayor Corrie, Councilwoman de Weerd, that's something that we can certainly add to the plat. There was one more item and it wasn't on any of our responses, but it was a concern that was brought up tonight in the previous Final Plat, which is the Certificate of Occupancy for the homes with the landscaping. I guess our concern is the same thing that came tonight. We are essentially on the same schedule as the Final Plat that was before you. I guess my concern is that we could go into get the plat recorded and we may not, due to weather circumstances, be able to put the landscaping in. We'd like to have the same caveat that you placed in the previous Final Plat and subdivision. I apologize, I didn't have any comments to Brad about that and I-- honestly, it was not thought of until we heard it tonight. It is a concern now that we are running into the same situation, weather permitting, that we may not be able to get the landscaping in prior to occupancy. We might be able to bond for that, exactly the same condition that you approved on the previous Final Plat. If that could be added, we would appreciate that. Corrie: I know the developer. We will do so. It will be done. Arnold: Yes. De Weerd: I think he should have to do it. Corrie: We will bury her tomorrow. No offense, but -- okay. Any other questions of the applicant? Okay. Council, discussion? De Weerd: I have none. Corrie: Okay. I will entertain a motion, then, on the request Final Plat approval for Baldwin Park Subdivision by Capital Development. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Mr. Mayor, I would move the approval of FP 02-016, request for Final Plat approval of 38 building lots and seven other lots on 13.72 acres in an R-8 zone for Baldwin Park Subdivision by Capital Development. Pursuant to the staff report of July 31, 2002, with the following amendments. On Site Specific Requirement Number 2, to include the alternate language of homeowner's association ownership of the Meridian City Council Meeling August 6, 2002 Page 41 of 77 pressurized irrigation system as proposed in the memo of August 6th by Brad Hawkins- Clark. Also, that would include the comments from Briggs Engineering on their memo of August 6,2002, as well. That the lot numbering be amended to reflect the proper lots and block numbers that were incorrectly stated. The other site specific requirement be amended, Number 3, to include language regarding allowing for weather permitting and that the applicant will bond for the installation of all landscaping, so that there can be a Certificate of Occupancy permitted prior to the installation of landscaping if weather won't allow that to be completed. That general requirement Number 1 also be amended to include language after the first sentence that states, shall be tiled -- that the area shall be tiled per City Ordinance 12-4-13 if allowed by Settler's Irrigation District. There will be a note on the Final Plat with a reference to Settler's Irrigation District as to their preference of leaving the drain open at this time. I don't think I have any other amendments that I -- De Weerd: Did you mention the landscaping? Nary: Yes. Bird: I will second it Corrie: Okay. Motion has been made and seconded to -- Nary: And for the attorney to prepare Findings of Facts and Conclusions of Law and Decision and Order and all that. Corrie: Okay. The motion is to approve with amendments as per the motion for approval. Any further discussion? Hearing none, roll call vote, Mrs. Clerk. Roll call vote: McCandless, aye; Nary, aye; DeWeerd, aye; Bird, aye. Corrie: Okay. All ayes. Motion is approved. MOTION CARRIED: ALL AYES Corrie: Before we get into the four Public Hearings, I'd like to take about a five-minute break if we may and be back in here at about 20 minutes until 9:00. (Recess. ) RECONVENED AT 8:45 P.M. Item 15: Public Hearing: 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: ( Meridian City Council Meeling August6,2002 Page 42 of 77 Corrie: Okay. I will reconvene the Meridian City Council Meeting and Item Number 15 is a Public Hearing. This is a request for annexation and zoning of 2.02 acres from an RUT to R-4 zones by Jerald S. Frank, 2310 South Locust Grove Road. At this time I will open the Public Hearing and the rules of the Public Hearing is that the applicant will have five minutes to present their side for the annexation and then the public will have three minutes apiece for any comment that they would like to make. Then after all the testimony is taken, then we will have any rebuttal by the applicant for three minutes or whatever time afterwards to make any rebuttal. At this time, as I said, I'll open the Public Hearing and we will invite the staff comments first. Hawkins-Clark: Thank you, Mr. Mayor, Members of the Council. The subject parcel is highlighted here on the screen. It's on the east side of South Locust Grove, As was noted, 2.02 acres. It's existing Ada County jurisdiction with a RUT zone and they have submitted an annexation request to be annexed with a city zone of R-4. It is contiguous to the city here to the east and to the south. Raven Hill and Los Alamitos Subdivisions are on the south and Raven Hill wraps to the east as well. Sportsman Point Subdivision is here on the west side of Locust Grove and rural residential existing county here to the north. The request for annexation is come due to a request for a municipal water and sewer service, which was granted by the Council in October of 2000. The City Council approved the hook up due to a failed drain field for their septic tank. That was a requirement of the hook up was to annex and so that's why this is before you. Staff does have some -- well, the Zoning Commission recommendation, I'm sorry, which is for the Jerald S. Frank property, you should have in your packets. There are five recommended city conditions, as well as the Ada County Highway District conditions and Fire Department conditions proposed there. I think that's all staff has at this point. Corrie: Okay. Any questions from staff at this point? Bird: I have none. Corrie: Is the developer here today? De Weerd: The property owner? Corrie: Or property owner, whoever -- anybody here? Okay. We have two people signed up. I think that's Jess Harris? Is that -- am I close? Hopkins: Jason Hopkins. Corrie: Jason Hopkins. Okay. We got to put new pens out there for you. I'm sorry. Okay. Jason and Mike Anderson. Okay. Jason, you're first. Raise your right hand, please. Is the testimony you're about to give the truth, the whole truth, and nothing but the truth, so help you God? Hopkins: I do. Meridian City Council Meeting Augus16,2002 Page 43 of 77 Corrie: Okay. Hopkins: Or yes or -- Corrie: Whatever. We know you'll tell the truth, so -- Hopkins: All right. I guess, Mayor, and Council Members -- Corrie: Name and address. Hopkins: Oh. My name is Jason Hopkins. I live at 1726 East Doberman Drive. That is in Raven Hill Subdivision, which is the second lot that is on the south side of the subject property. Right there. Yes. I guess my -- I have two reasons for being -- I agree with the annexation. I don't have any concerns with that. The concern that I have is with the zoning change and [ don't fully understand zoning and would just like to say that my concern lies with the future development of that property. The lot does not lend itself well to future development and my concern is that the person applying for the re-zoning would want to develop and maybe put in dwellings. They could theoretically add seven more dwellings to it. I don't know that all seven would be approved, but it would lend itself towards flag lots. It just -- I feel it would be unsightly, just because it wouldn't develop naturally well, just the shape of it and the way it is and the nature. My concern is -- or my reason for being here is to oppose the zoning change and I don't know if the zoning change would make a difference or not. Is that valid? Corrie: They are requesting an R-4 zone, which would allow them four houses to the acre, which would be approximately eight houses that they could build on this. Hopkins: Right. Yes and there is one existing. The one existing is -- has street frontage and in my opinion a dwelling unit should have street frontage. If it doesn't, then it ends up in a flag lot type situation and my experience -- I'm a realtor and, yes, I should know the zoning better than I do, but I don't, so -- my experience with flag lots has been that they never quite turn out as nice as a real subdivision. It's an afterthought and when the project was finished, it looks like an afterthought. The residents that live in the surrounding area are stuck looking at an afterthought and that was my concern. There would be one, two, three, four, five, six, seven or eight residences that would look upon that area and also those people aren't here. There are a few other people here from the same subdivision, but it just doesn't go. I just feel that that change wouldn't go with nature of the way the land has been developed around there. I guess that's alii have to say. I don't know if I can suggest not going to the R-4, maybe leaving it the way it is, and still annexing it. Is that -- is that an option? Corrie: Brad. Hawkins-Clark: Mr. Mayor, Members of the Council, upon annexation a City Zone does need to be requested. Now the R-4 is only one of several zones that could be requested, but in order to -- in order for city codes, setbacks, and other standards to Meridian City Council Meeting August 6, 2002 Page 44 of 77 apply in the future, we need to attach those to a zone. At least my understanding is -- and the attorney could correct me if I'm wrong, but, you know, there needs to be a zone attached upon an annexation request. Hopkins: Would an R-1 be sufficient? Hawkins-Clark: Actually, the city does not have R-1. We do have the R-2 or R-3. Those are the lower density zones. Hopkins: Okay. I guess the next question I would have, since the applicant isn't here, if the applicant applied for it, then I might suspect a motive for future development. If the city assigned it, then that was not the applicant's intention, then I have no reason to suspect that there was a plan for future development, so -- Hawkins-Clark: Mr. Mayor and in this case the applicant did pay the city to process and prepare their application. De Weerd: They were required. Hawkins-Clark: They were required to. They could have prepared it and requested a zone on their own, but in this case they did pay a higher fee for the city staff to actually prepare it, which is unusual for us, but they can do that. Hopkins: So what I'm getting, then, is that my suspicions were incorrect and that the person is trying to do some kind of development. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Mr. Hopkins, do you know what the zoning is for your subdivision? Hopkins: Probably R-4. Nary: I guess being a realtor you probably understand that we are looking for compatibility, just because you can just build -- just as you have a zone that allows you to build eight houses in two acres doesn't mean you're even able to come near that, because of setback requirements and everything else. I guess I -- I understand your concern, I don't know that realistically in that location, the way that lot is shaped, that they are going to have a real easy way to try to squeeze eight homes onto that lot. Hopkins: I didn't think they would and I figured they'd probably do seven or less. My concern was that -- Nary: Probably five. There would be maybe five but it wouldn't be any different size wise than where you're at. Meridian City Council Meeling August 6, 2002 Page 45 of 77 Hopkins: Sure. I guess you have already addressed my concern. De Weerd: Just a response. The applicant was required to do this, because we are extending water and sewer, because he did have a failed system and this was just a requirement that he annex in to the city. He's actually fulfilling the obligation he had, because he did hook up to our water and sewer. This would zone his and future use and typically I know this Council is not real thrilled about annexing and zoning land without a plan, for the very reason you're standing in front of us. The questions that it raises to the neighbors and that sort of thing but this was a condition of the sewer and water service to the piece of property. It's kind of one of those extraordinary circumstances that, you know, personally I don't like to zone and we even had a recent problem doing this without a plan. We typically don't like to do this kind of effort exactly for what you're talking about, because no one knows what the intent was. Right at this point no one -- there is no intent, other than fulfilling an obligation to annex, and he even asked our staff to complete the application and request whatever appropriate zone per our Camp Plan or to make it harmonious with the surrounding property. So -- and when he does come in with a plan, if that ever does happen, the neighbors would then be notified of that Preliminary Plat and he would have to still go through that process of planning his piece of property. You would know at that point, what his plan would be. Hopkins: Okay. Thank you. De Weerd: If that helps. Hopkins: Actually, it relieves a lot of concern, so -- De Weerd: Yes. Hopkins: Okay. That's all J -- De Weerd: I can understand why you're concerned, because we are, too. We don't like to approve something without a plan. Corrie: Thank you. Mr. Anderson? Anderson: I'm fine. Corrie: Is there anyone else that would like to issue testimony at this time? Yes, sir. Raise your right hand, please. Is the testimony you're about to give the truth, the whole truth, and nothing but the truth, so help you God? Cushing: Yes. Corrie: Name and address, please. ( Meridian City Council Meeting August6,2002 Page 46 of 77 Cushing: My name is Art Cushing. j live at 2230 South Locust Grove. It's the second -- yes. Right there and my question is -- I was questioning the people here before the meeting and they have a wood lot there now. Now can that be a business -- in an R-4, can they continue to have some kind of a -- we have questioned -- Corrie: If it's residential they can't have a business. Is that correct, Brad? Zoned R-4 can they have a business -- wood business there now that's there? Hawkins-Clark: The City Ordinance does allow home occupations. From what I understand from what Mr. Cushing said before the hearing, the type of home occupation currently there would not conform to the City's Home Occupation Ordinance, but upon -- if there is an existing use and the ownership or the use doesn't change upon annexation, they are grandfathered. Corrie: But they can't pass it on to -- okay. Cushing: I'm just like the fellow here before. I am a little bit dubious of what could be done or what he would be doing and that was my concern and I thank you very much. Corrie: Thank you. Is there anyone else that would like to issue testimony? Okay. Council, any questions of anybody? Bird: [have none. Corrie: You want to close the Public Hearing or keep it open? Continue it? What's your pleasure? De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I imagine the applicant is not here, because it's just an obligation to annex that this application is in front of us. j do think it is important, Brad, if you could just restate the process if he does come back to want to develop it, what the steps would be and what that means to the existing use and that sort of thing. If you could just give a summary on that to reconfirm or restate what -- Hawkins-Clark: Sure. De Weerd: -- the questions are. Hawkins-Clark: Sure. Assuming approval of the annexation tonight, the existing residence and any existing uses would remain. Upon change of ownership or upon change of use or upon subdivision of any of those three in the future, then the current owner or a future developer would have to submit an application to the city to either change the use -- if they are going to create more lots. That would require a Preliminary Meridian City Council Meeting August 6, 2002 Page 47 of 77 Plat, so everyone within 300 feet of the property would get a direct mailing from the city informing them that the property would be platted. The only -- the only uses allowed under our Zoning Ordinance for an R-4 is single-family residential and schools. Those two uses are allowed outright. Technically, I guess, a school could come in and just submit a -- for a Certificate of Zoning without having a Public Hearing for that parcel, because schools are allowed without any special permits in the R-4 zone. That would have to still, of course, conform to all the city setbacks and our existing ordinances. That's the standards that would apply. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I was going to say, too, Brad, if -- my recollection of most of the other types of projects of this type, the lower density zoning, the R-2 or three, is not common to be adjacent to those R-4 -- that close to the roadway. It seems like most of the other projects we have seen are a higher density, R-8 or R-15, are closer to the roadway where the -- and as it goes further away from the road the density starts to spread out; is that correct? Hawkins-Clark: I would say that's typical, yes. Nary: So the R-4 is really pretty common for there or higher, but the lower density with half acre lots are not very common to be put in that sort of location would that be accurate? Hawkins-Clark: Right. I might also add that the -- there is the Planned Development process under City Code, which if somebody wants to do a Planned Development, they can asked for 20 percent of the land area to be something other than single-family housing, but that would -- De Weerd: That would also involve a Public Hearing. Hawkins-Clark: Yes and that would also involve a Public Hearing se everybody within 300 feet would be noticed. It's not uncommon to see a group of parcels like this to be all purchased by a single developer and try to do something larger than just a single two-acre subdivision. De Weerd: If that happened he would have to go through the plat process and the neighbors would be advised. Hawkins-Clark: Right. De Weerd: Within 300 feet. Okay. Thank you. ( Meridian City Council Meeting August6,2002 Page 48 of 77 Corrie: Any other questions? I'll entertain a motion, if you so desire, to close the Public Hearing. De Weerd: Mr. Mayor, I move we close the Public Hearing. Bird: Second. Corrie: Motion has been made and seconded to close the Public Hearing. Any further discussion? Hearing none, all those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES Corrie: Further discussion? Okay. Hearing none, I'll entertain a motion on the request for annexation and zoning of 2.02 acres from RUT to R-4 zones by Jerald S. Frank. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I would move that we approve the annexation and zoning of 2.02 acres from RUT to R-4 zones by Jerald S. Frank at 2310 South Locust Grove Road, Meridian, Idaho, and for the attorney to draw up Findings of Facts and Conclusions of Law and Decision and Order. Nary: Second. Corrie: Okay. Motion has been made and seconded for the approval of the motion. Any further discussion? Hearing none, roll call vote, Mrs. Clerk. Roll call vote: McCandless, aye; Nary, aye; DeWeerd, aye; Bird, aye. Corrie: Okay. All approved. Annexation is approved. MOTION CARRIED: ALL AYES. Item 16: Public Hearing: 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: Corrie: Item Number 16 is a Public Hearing. This is a request for a rezone of .97 acres L-Q 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 Magic View Drive and South Allen Street. At this time I will open the Public Hearing and invite staff's comments first. c Meridian City Council Meeling August6,2002 Page 49 of 77 Hawkins-Clark: Thank you, Mayor. The property is currently zoned limited office. The Subway Sandwich Shop that is referenced has already come through the city and received a Conditional Use Permit for that use, so that has been approved. The rezone request did not happen at that time, so they have come back and requested now for the change from the L-O to a commercial general, a C-G zone. As stated in their application, the main reason for that is the C-G zone does allow for higher signs. Under the current zone, they would be limited to an eight-foot. The Planning and Zoning Commission in their recommendation to the City Council has placed a condition that no signs on the lot may be taller than 20 feet, which is what the Sign Ordinance says. They have also limited the number of signs to one. The commercial zone, staff has found to conform. There are some conditions that are included in the recommendation, but it is the existing zone adjacent to the east and adjacent to the south. I don't believe the city staff has received any written comments back from the applicant, nor have we received any comments from adjacent property owners, although we understand there may be some submitted in writing. I think that's all] have. Corrie: Okay. Thank you. Any comments? Questions? Bird: I have none. Corrie: Okay. Is the applicant here this evening? Is the testimony you're about to give the truth, the whole truth, and nothing but the truth, so help you God? Larsen: Yes. Corrie: Name and address for the record, please. Larsen: Mr. Mayor, Members of the Council, my name is Cornell Larsen. My address is 210 Murray Street in Garden City. I'm here tonight representing Blaine and Cynthia Jacobson on the request you have before you for the re-zone of the parcel mentioned by staff. I want it to be somewhat clear that the portion we are asking for the rezone on is about the lower one-third of the area that is shown with the black line around it. The property to the north of that would continue to stay office and would not be rezoned at this -- you know, we are not asking for that and we assume the existing owner would not be, because he has no reason to. It's W.H. Moore and he develops pretty much office facilities. I want to take a minute and maybe refresh your memory a little bit about why we were looking for the Subway Shop there. It would be an excellent place for the traveler to stop as he's going down the freeway and also as the area develops into a Business Park office facility. With the development of St. Luke's, it gives us an excellent place for a food service facility. If the traveler stops there, he doesn't go on down Eagle Road, he doesn't cause additional congestion as he goes farther north. The Subway site people -- selection people felt this was a good site. In their last visit that they made to the site, their recommendation was that we look for some additional signage and conditional signage being the height of the sign and so the reason for our request is two reasons. One is the signage and then, secondly, as we have progressed with the project, we have had inquiries regarding people that would be more into retail type of Meridian City Council Meeting August6,2002 Page 50 of 77 business, which tends to lend itself more to your general commercial zone, C-G zone. This would be somebody like a cell phone user or a medical supply store that might sell medical supplies, they have had interest, as well as some coffee shops. Yes, the signage is one of the primary reasons, as well as there is the use that we were looking for some additional uses. As you mayor may not recall, Subway would be using the building to the west of -- I don't know whether -- can you put this on the overhead, Brad? Do you have a way of -- Hawkins-Clark: Sorry. Larsen: I have three copies of the little site plan that I passed out to you. The building that would be to the west, Subway would occupy a portion of that for their corporate offices in the area. They would then lease out the remaining portion of that to a user who may come along. Ideally, they would have a very compatible use to their facility and would have something that was unusual and so also noted on that site plan you will note the location of the sign. We were proposing a sign in the location when we had sent some of the original applications through in front of the facility. It's 20 feet high and the building is about 18 feet high at that location. It should be fairly well screened from the neighbors to the north. They should not be able to see a large portion of that sign at all and when the building to the west is constructed, then it would pretty much screen it off from all the other people that might be north that might have what would be called an obtuse angle of that sign. That, in general, is our reasons for the request. We wanted to note that, you know, there would be approximately 3,000 square feet of space that would be available for lease that would be out there that could be considered a commercial use different from an office use. As I mentioned before, the buffer to the north with the office would stay intact. The subdivision for this piece of property has been completed most recently. The -- as a part of our original approval on the Subway, the second building also comes back in front of this Commission again before it is able to go forward with the permitting, because it would be the two buildings on a site would invoke the PUD conditional use portion. That second building will also be back before you again, which would also give the neighbors or anyone who might have concern an opportunity to look at it again. We liked the Planning and Zoning Commission's recommendations, because it limited the uses to office uses for that building. If we did get a retail use, that also comes back before you based on the motion that Planning and Zoning made. We like their limitation of the signage. We are not opposed to those limits on the project. I believe the last time we had a couple individuals who commented from the neighborhood that we were opposed to the project and if there is individuals out there now, we hope this may have given them a little bit of insight into what our request is. I don't think I have anything else. I would be happy to answer any questions. Corrie: Okay. Any questions? Bird: I have none. Nary: Mr. Mayor? Meridian City Council Meeting Augus16,2002 Page 51 of 77 Corrie: Mr. Nary. Nary: I guess I'm a little confused, Mr. Larsen, and maybe you can help me. The original zone on this property is L-O. Larsen: Correct. Nary: And some of the limitations and that would allow a sign of 15 feet is that right? Larsen: I believe it's eight. Nary: Eight Okay. The 20 feet that's recommended by the Planning and Zoning Commission was fine, but I thought I heard you also say that the limitation of office uses was fine as well? Is it just the sign? Larsen: What the Planning and Zoning Commission motion was is that any use other than the office use as a condition of rezone, any of those uses that are -- if I can restate that. Any use other than those stated in the L-O zone would have to come back before the Commission for a Conditional Use hearing. If we did have a commercial use there, Planning and Zoning and the City Council get the opportunity to look at what that use might be. If it's a medical supply facility you might say okay and if it's something that is detrimental to the neighborhood or to the area, you, obviously, have the option to say -- to say no. That intent was to give the Council, the Planning and Zoning Commission, and the neighbors the opportunity to see what that retail use might be if we had that type of user. Obviously, we'd like to have a medical user or something like that, but we have had inquiries regarding the retail use and as a result of the need for additional height on the signage and those requests, we did ask for you to consider the rezone. Nary: The other concern I would have is under the language about the sign. It says no sign or signs upon the lot may be taller than 20 feet in height. I guess what that tends to say is that if you have a couple other businesses there we could have three 20 foot signs on that lot. Larsen: Actually, we would ask that they limit that to one sign. Nary: So it can be a center sign? Larsen: Yes. It may not have come out that way clearly in their motion, but I believe in our testimony we said we could live with one 20-foot sign for that site. That sign would primarily be for Subway. We may have a lower sign that we would like to have to comply with the L-O zone for the office facility, but we do not need a higher than 20 foot sign. Nary: You're saying a lower sign, you mean like a monument sign on the ground or-- Larsen: Monument. Meridian City Council MeeUng August 6, 2002 Page 52 of 77 Nary: Monument. Larsen: A sign on the ground. Nary: Okay. Mr. Mayor? Corrie: Mr. Nary. Nary: Brad, on the recommendations from Planning and Zoning staff, it seems like the concern primarily was the change in zone with the change -- then the ability for the height of the sign, as well as the fact that we sort of had Public Hearings to death on this property in this area. With those limitations from Planning and Zoning, it seems to be probably a reasonable compromise, but I guess I didn't hear any input from you or the rest of the staff as to whether or not those compromises satisfy Planning staff's concerns about that property. If it's one center sign, instead of three or four different signs and if it's 20 feet versus eight feet -- I mean that's going to be significantly dwarfed by the signs that are already there in that particular area. So my concern would be having hundreds of signs there. Twenty feet doesn't seem to be outrageous, but I didn't know what your thoughts were. Hawkins-Clark: Councilman Nary, staff did in our report recommend denial. Yes, as you stated, the -- there is a development agreement that was entered into by Mr. Moore for this property, you know, and that is some of where staff was going with our -- you know, with our recommendation. As you well recall, the Ameri-Tel Inn a couple of years ago was proposed on this parcel and we -- we reviewed the development agreement at that time and that was one of the reasons for recommending denial of that was noncompliance with the development agreement, which -- the original Conditional Use Permit did have just two offices, you know, no retail. Certainly, the recent development in the subdivision, particularly on the south side of Magic View with the hotel, as well as with the Hubble plat and some of the other projects, you know, has since changed the nature. The city also approved a Comprehensive plan amendment tonight that shows, you know, some office uses actually here along -- adjacent to Greenhill Estates. You know, this application clearly does not fall under the new Comprehensive Plan, should it have that would not have complied. So, you know, we -- I think our concerns are some of the history, maintaining consistency with the development agreement with the -- and whether or not being off of Eagle Road, if a sign will really be that effective in attracting freeway traffic. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Even amending the development agreement -- I mean the notices that would have been sent for this rezone would be the same that we send to amend the development agreement if we were having a Public Hearing; wouldn't that be right? Meridian City Council Meeting August 6, 2002 Page 53 of 77 Hawkins-Clark: Yes. Nary: And it looks like we haven't -- I don't know if we have anybody else to talk about, but it doesn't look like a lot of other ones, but I didn't know if we received a lot of input besides the gentleman that had testimony. Has there been a lot of input to the staff? We didn't get any letters or signatures or anything else, so -- Hawkins-Clark: Right Neither did we. To my understanding, there has not been. Nary: Okay. Larsen: Mr. Mayor and Councilman Nary, there was a couple individuals who did comment last time on the -- from the neighborhood as well. Also I wanted to -- there aren't many avenues for changing a sign in the ordinance or changing the height of a sign. So, yeah, the signage is important to the Subway people that came and reviewed the site and they feel comfortable that a 20 foot sign would be give them enough presence from Eagle Road that they could be seen and could attract people that are stopping for gas or looking for food as they come off the freeway. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Mr. Larsen, when we approve that CUP, they knew at that point all they had was an eight foot sign when they asked for it. Larsen: I don't think they had made their final inspection on the site from the corporate people at that point in time and I know they haven't made that -- you know, they hadn't made that determination at that point. Or it may have been an issue at that time, Nary: Thank you. Corrie: Okay. Any other questions? Bird: I have none. Corrie: Okay. Thank you. Larsen: Thank you. Corrie: Is there anyone here that would like to issue testimony on this subject? Is the testimony you're about to give the truth, the whole truth, and nothing but the truth, so help you God? Bowen: Yes. Meridian City Council Meeling August6,2002 Page 54 of 77 Corrie: Name and address for the record, please. Bowen: Mark Bowen, 3067 Autumn Way. Mayor, Members of the Council, I'm here on behalf of 33 residents of Greenhill Estates. We have a petition we'd like to submit. We are opposed to the rezoning of the plot in question. We feel it's in direct violation from the development agreement that has been reached and this has been at hearing to death and we are not so much concerned with the sign as we are having to revisit proposed uses for this parcel if it were rezone to commercial. Even though they say we can revisit it, we don't want to revisit it. Something that's compatible with limited office, I think we, in spirit, agreed to that, and are in agreement with the development agreement. We feel like this is a direct violation of that. I don't think anybody that J have talked to in the neighborhood is really opposed to a 20 foot sign, we think perhaps pursuit of a sign variance would be more appropriate and something that we do want to address in the sign directly, but we think that rezoning it for dealing with the sign is an inappropriate use of the zoning ordinance. So with that I'd like to submit the petition and any questions. Corrie: Okay. Questions? Bird: I have none. Corrie: Okay. Thank you. Bowen: Thank you. Corrie: Is the testimony you're about to give the truth, the whole truth, and nothing but the truth, so help you God? Child: Yes. Corrie: Okay. Name and address, please. Child: My name is Jared Child. I live at 3157 Autumn Way. I'm here to oppose the rezoning as indicated in the notice of hearing. My name is on the petition as well as the others. I have been away from the area for about five or six months. I have been trying to keep in contact with a lot of things that are going on in the area. Back in July when there was a previous hearing, I e-mailed the city clerk to give me more information on this issue, which I never received a reply to that. So in reference to this recent hearing notice for tonight, I had to concur with the gentleman who just spoke for our subdivision that I think that a variance should have been given on the signage, instead of a rezoning. I think if you rezone this small piece of property you basically shoestring in the whole three acres. And if it comes to that, then, of course, more signage, we could get another McDonald's sign out there. I know how that sign went through and I particularly don't care for that sign myself, especially where I live. And I oppose the sign. I think the eight foot monument sign, as is required, should stay, unless there is a variance given to change it to a 20 foot and I guess that's all subject to location and as far as the Meridian City Council Meeting Augus16,2002 Page 55 of 77 remainder of the properties out there, that should be subject to its own merits on what comes up. Anyway -- so that's pretty much what [ have to say, but I oppose this rezoning. Thank you. Corrie: Anyone else like to issue testimony? De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I don't want to give testimony. I just want to clarify that since that McDonald's sign came through, we do have a sign ordinance and that's probably why we are all here today, because that sign ordinance does exist and that's limiting what they can do and so this is what their answer is, but I would agree with you, what an odd way to try and get a taller sign is to change your uses. So that's just my two cents worth. Corrie: Developer, any comments? Larsen: Mr. Mayor, Cornell Larsen. I do not have any additional comments. If there was -- again, the signage is an issue and so are the uses. The signage is probably a more important issue to the Subway facility and that I guess if there were an avenue to get that, it would be great, but there doesn't appear to be any and we felt like this was a reasonable request, so we made it. Corrie: Any discussion? Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I know the Public Hearing is still open, but I guess my concern is if we as -- and I think Mr. Bowen brought up the right point. Part of the whole process in this area was to create a development agreement that we didn't have to revisit over and over and over again. And I understand the neighbors' concern that this is not -- and I don't think Mr. Larsen or the developer here is attempting to wiggle that door open a little bit, but that's what it does. And every time we want to revisit this particular piece of property, every single use they want to do that's not L-O, those neighbors have to make sure they get their time in and get their petition out and show up and have to address it every time. That was why we did it that way. That's why the development agreement was done like it was. And I'm sorry if the developer, when they requested the CUP for the Subway, really hadn't made a final decision in regard to the signage and how that may impact their business positively or negatively, but, I'm sorry, that's not really our problem, that's really their problem in making a decision on developments. I think this really falls in the category -- and maybe this is something among the many other things that planning staff is working on, but we have brought this up more than once, that we have to find variances that are not just tied to the reason that are stated in our ordinance, but find Meridian City Council Meeting August6,20D2 Page 56 of 77 some ways to deal with this very issue and this is about the third one of these we have seen in the last three months for the same thing. It makes some sense and there is some reason and rationale for the signage, but to use a rezone as a method to get that, because that really is the only way to do it currently and our variance ordinance is pretty restrictive, isn't very reasonable, but I don't think rezoning it is the answer. I think that's riskier than revisiting our ordinance regarding the signage and if that impacts them opening the Subway at this time, I'm sorry, but I think we really just need to just work on our sign ordinance and find some avenues that are going to make more sense, but this just isn't -- this just isn't the right way to do it De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: Brad, has staff really sat down with the sign issue and really looked at our ordinance to see if there is any exemption for this that might be appropriate in this case? You know, I think we are addressing an issue, but opening up a larger one where it might not be needed. Hawkins-Clark: Councilwoman de Weerd, Members of the Council, we really haven't gone into much review on the sign ordinance. We do have that on the August 29th agenda for the Planning and Zoning Commission and there is a 4:00 o'clock meeting that we are just going to hash through a number of ordinances that are either outdated or new ones that we have been requested to review. So certainly it's -- you know, it's upcoming at the end of this month and in September we do have, now that the Comprehensive Plan is done, slated some time to review it and the current ordinance, I can safely say, really doesn't provide a separate variance process for signs, other than our standard variance procedure. In preparing a sign ordinance I don't recall many -- you know, many communities doing that. Certainly we could look into that, if that's what I'm hearing, to build into the sign code an opportunity for less stringent standards than what the variance process is now. De Weerd: You know, I don't know if we are looking for less stringent, but seeing how special circumstances could be dealt with, it just seems like an odd solution to try this route to address a sign issue and, of course, you don't want anything, you know, huge, to open that door either, so, you know, maybe even the applicant can work with that and see, you know, where there might be an opportunity for such an exception or something that we can look at. But, yeah, I -- this isn't the route. Hawkins-Clark: As Mr. Larsen was speaking it did cross my mind that, you know, an overlay for the subdivision -- a sign overlay, as well as some other commercial office areas of town might be appropriate. We could -- rather than basing the sign height on zone, we could do some overlays based on districts and that -- I could see where that might work for this area, particularly as this subdivision turns into more office commercial uses. Meridian City Council Meeling August6,2002 Page 57 of 77 Nary: I know I can think of three people in the last three months that would certainly offer some input as to what would be better, because we have this issue so often and it really -- every one of them has had reasonable reasons, but they didn't fit the variance requirements, so I think there are people out there that would certainly offer some assistance. De Weerd: With that said, I would move to close the Public Hearing. Nary: Second. Corrie: Motion has been made and seconded to close the Public Hearing. Any further discussion? All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Corrie: Any further discussion? De Weerd: I have none. Bird: I have none. Corrie: Okay. I'll entertain a motion, then, on the request for rezone. Nary: How come I'm always making the denials? Mr. Mayor, I'm going to move that we deny RZ 02-001, request for rezone of .97 acres from an L-O to a C-G zone for Lot 3, Block 2, of the Amended Magic View Subdivision for a Subway Sandwich Shop by Blaine and Cynthia Jacobson, pursuant to the staff report, as well as the discussion tonight, that it is incompatible with the development agreement that is already existing and that even the compromise proposed by the Planning and Zoning Commission are not adequate to address the concerns that were raised by the creation of that development agreement and that our counsel prepare Findings of Fact and Conclusions of Law and Decision and Order. McCandless: Second. Corrie: Okay. Motion has been made for denial. Any further discussion? Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: If we are going to deny this, then if it's agreeable with a 20 foot sign, how are they going to come back to get a 20 foot sign? We have no way for a variance on the sign. Nary: I think they are going to have to wait until we amend our ordinance. Meridian City Council MeeUng Augus16,2002 Page 58 of 77 Bird: Well, that's fine and dandy if you're going to wait to set your business up, I guess, six months to a year from now. But usually when you set a business up -- and it's not that that area don't have retail out there, you have got places that -- within a block or two that probably have more retail coming in and out than this place or the office building next to it, whatever. That's having -- so I think that -- and I agree with the zoning, but -- it's the only way they have of going through there. I agree with the development agreement sign like it was, that's reasonably brought in. But I believe a business needs to have a house that they can open up with and still be able to have a compete business. I'd like to see what kind of -- you know, until we change that, which with our track record it could be three to four years. De Weerd: You're welcome to serve on that and start tomorrow. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Mr. Mayor, all I was going to say, Councilman Bird, is that -- I guess two things. One, whether they knew it or not, they should have known that when they asked for it. But, secondarily, there are other methods to get visibility for a business and one is the freeway signs. You know there is -- the ITO puts out those freeway signs that are for businesses like this, for restaurants that aren't as visible, to allow for that type of access, so that people can find it. There are ways to do that. I agree with you, and that's why I think we have to push and I think at least the planning staff is trying to address that and they -- government is slow, it will take just a little bit longer. But, you know, I do think there is at least some way they can address it, but it is an important system, but I just think that this is probably the only way they could do it, but I don't -- I just don't think it's the right thing to do. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: You know, I appreciate that our Planning and Zoning Commission is going to work with Planning and Zoning staff to start evaluating some of these ordinances. I think that's a very positive step in the right direction. These ordinances aren't developed or tried and true overnight and, certainly, if you would like to champion them for an update, I would recommend that you work with the staff members that helped write it and know how much time they put into it and until we have a chance to see how it works, it's very difficult to anticipate all of the different things that happen. Be there on the 29th when they discuss it and invite all your friends and see what you can do. But until then, we have an ordinance that we have to make decisions by and I know that puts our applicants that are trying to market this in a real awkward situation. But until those ordinances are changed, there is -- our hands our tied and in many cases so are theirs. And that's what we deal with. So I call for the question. Meridian City Council Meeting August6,2002 Page 59 of 77 Corrie: The question has been called. Roll-call vote: McCandless, aye; Nary, aye; DeWeerd, aye; Bird, aye. Corrie: All ayes. Motion denied. MOTION CARRIED: ALL AYES. Item 17: Public Hearing: CUP 02-016 Request for a Conditional Use Permit for an 11, 700 square foot multi-tenant flex space office 1 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: Item 18: Public Hearing: CUP 02-017 Request for a Conditional Use Permit for an 11, 700 square foot multi-tenant flex space office 1 warehouse building by Falash & Ross Construction, Inc. - Lot 10 Block 2, Medimont Subdivision, northwest corner of E. Franklin Road and S. Locust Grove Road: Corrie: Item No. 17 and No. 18 is a Public Hearing for Falash & Ross Construction Company. One is for a CUP 02-016 and the second is for a CUP 02-017. At this time I will open the Public Hearing on both 17 and 18 and invite staff's comments first. Before you do that, let the record show that we do have another letter from Mr. Jim Witherell from August the 3rd of 2002 and I believe the staff comments mentioned in the letter in July, but we do have a July letter for the record to be given to the Clerk for putting into the record. Okay. Fine. Thank you. Hawkins-Clark: Mr. Mayor, do I understand correctly that we can do the report on both 17 and 18? Corrie: Yes. Hawkins-Clark: Okay. Well, regarding No. 17, they are very similar requests. This No. 17 is the lot -- three lots down from Franklin Road here on the east side of Adkins Way. The development agreement did require the Conditional Use Permit to be required for all of these industrially zoned lots. They come through a Conditional Use Permit, since they do -- at that point in time backed up to existing residential uses. There are, I believe, two existing structures on that east side of Adkins and these are just some site photos. Curb, gutter, sidewalk, street improvements are all existing here in this subdivision. So these are lot specific internal improvements. Just go here to No. 18 and show you the second -- the second lot is the very southerly one here on Adkins Way, just immediately behind the Woodbridge Subdivision office, which sits here on the rear and there is a vacant portion here, so -- so those are the two lots in question. I'll go back here to the -- the site plans are fairly similar. Here is Adkins Way on the left-hand side of the screen. Both are multi-tenant office-flex type building spaces. The parking is Meridian City Council Meeling August6,2002 Page 60 of 77 surrounding on the east on No. 17. The Planning and Zoning Commission did recommend approval of both of these applications and you do have their recommendation. The Commission did recognize Mr. Jim Witherell's letter of July 3. They have recommended hours of operation be limited to 6:00 a.m. to 10:00 p.m. in accordance with the development agreement. The tenants will include industrial uses as a utilization of the building for only office uses is prohibited in the I-L zone, so they can't be one hundred percent office, technically, according to the zoning. We do not have any response from the recommendation of the Planning and Zoning Commission on file, so I think I will just go here to the elevation that is proposed. The east elevation is probably of most interest and as you can see, it is the -- there are no windows or lighting fastened here to the east side of the building. There are overhead doors for the various multi- tenant flex spaces. They are proposing a monument sign that is six foot in height for both properties. And here on No. 18 is just more or less a flip of the -- of the northerly lot. Again, parking shown here on the east and similar building elevations. And similar signage. I think that's all. Corrie: All right. Thank you, Brad. Any questions from Council of staff? Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Brad, I noted in the Jetter from Mr. Witherell that there was a concern about the parking spaces being on the easement and that there was some testimony or something you said you would correct that and I'm looking at that site and I don't know they if corrected it, so I'm not sure. Has there been some submittal regarding that? Hawkins-Clark: Right. Councilman Nary, the -- Bruce Freckleton, I believe, did look into that. He could not find -- and certainly structures over easements are prohibited, but in terms of parking on an easement, he was -- he did not see where that originated from. So I think that's the difference, whether or not a parking lot is considered to be, you know, a structure or improvement, that would not be allowed on an easement, typically that's -- typically parking would be permitted. Nary: Well, I know -- and I can understand, because I think the rationale is that you can always rip up the parking lot if you had to. It's easier than tearing down a house. But what was raised by Mr. Witherell was that the way that particular piece of ground is is that trying to install an asphalt parking lot on top of it is potentially damaging to the irrigation system that's already existing there. Do you know if Bruce was able to take a look at that? He's saying there is insufficient -- the irrigation pipe is plastic, it's 12 inches in diameter, it's barely covered by sod, there is insufficient earth, no more than an inch covering the pipe, to allow a gravel base and asphalt for a parking lot without foreseeable damage, which is not likely, because I think it's too close to the surface from what I'm reading. Do you know if he looked at that issue? Do you have the letter from August 3rd by Mr. Witherell? Meridian City Council Meeting August 6, 2002 Page 61 of 77 Watson: Council Member Nary, Mayor, and Council Members, I have not heard of this -- for lack of a better word -- allegation until right now, but when they submitted grading and drainage plans to me for review, one of the things that I would be looking at is adequate cover over any existing irrigation lines. Our minimum depth for sewer, which is plastic pipe, is three feet. Sometimes they can use a higher grade pipe and get a little bit less than that, but I don't know that Bruce looked into that. Nary: Okay. Thank you. Corrie: Any other questions? Okay. Is the developer here this evening? Is the testimony you're about to give the truth, the whole truth, and nothing but the truth, so help you God? Falash: Yes. Corrie: Name and address, please. Falash: Mayor, Council Members, my name is Michael Falash. My business address is 149 South Adkins, Meridian. I own the office building right across the street from Lot No. 5 and -- which is just basically on five right across the street. I'd like to address a little bit on the easement issue, because that has been a big issue in the past conversations. We have got several drawings. Like Brad said, we will look at that and they do make piping that can be located in there and, you know, we have no problem going back if it's -- if we can't get the depth, we will go and change out the pipe to a suitable grade of piping that is rated for traffic load. Easements are typically, like Brad said, my experience on -- not in Meridian, Boise, is it's just the setback requirements for access through the easements of irrigation, power, pressurized irrigation, whatever it may be. It's limiting, you do not let your building go into that part of the property, but you're allowed to put paving, landscaping, other things that actually can cut through it and cut through it to the building. Some of the other comments, too, in the development agreement it was noted that on the east side of the property there was a -- there is an existing 20 foot landscape buffer that was developed as part of the development agreement that goes down the whole east side of the property line and that was set up in the agreement to buffer the residential area from Medimont Subdivision and when I recorded it, the landscape easement, there is a fence between our property and the landscape easement and then the residential area. So there is quite a bit of buffer area to that area. We are proposing, you know, flex spaces. Our intention is to provide spaces for small businesses that need some office space, warehouse, such as we have had over across the street in the building on Lot 5 on the other side of the street, you know, painters in the warehouse space, vinyl mark, fish finders and fish counters and they need some warehousing, so we are looking for those small companies. We are not anticipating -- we are only looking at 14 foot ceiling heights in there, we are not talking about height, tall storage type companies coming. ] noted the lumber products down the road and they are a whole different breed of company that has big trucks, forklifts, semis, and stuff coming through. You know, our principal clients are -- that we are looking for is the small businessman, the 1,500 square foot space and 500 square feet Meridian City Council Meeting August6,2002 Page 62 of 77 of office and 1,000 square feet of warehouse space or some kind of blend of that. Across the street when they develop that, they will need probably a little higher mix, maybe 60 percent office and 40 percent office. So it's just kind of hard to tell what will come in there. But we are following all the guidelines of the development agreement and when we submit plans for tenant improvements, they will go through the Planning and Zoning process and they will make sure that they are the type of tenant that is approved under an I-L zone. So there are some checks and balances to make sure that we keep the right kind of clientele coming into this project. There was concern in the previous meeting about not knowing what type of client will come in. Well, there is a check and balance for that sort of thing. The buildings we are proposing are concrete buildings, which I think they are an upgrade from the two buildings on the two adjacent sides that are block buildings with asphalt shingle roofs. I feel like we are kind of bringing the standard up in that area also, that we are not following suit for what's already existing along there. As far as the comments on the Planning and Zoning, I agree with, you know, the recommendations and comments on it and leave it open for questions from Council members. Corrie: Any questions? Thank you. Is there anyone else that would like to issue testimony at this time? Is the testimony you're about to give the truth, the whole truth, and nothing but the truth, so help you God? Robertson: Yes. Corrie: Name and address, please. Robertson: My name is Bernie Robertson, 185 South Locust Grove Road, Meridian. Our home is east of this it -- talking about Item 17. And we have a problem with the parking in -- on the east side of the building, because right now a small machine shop is directly behind us and their parking is on the north side of the building. When they drive in in the morning, their lights from their cars are shined directly in our bathroom and our bedroom and, you know, in the wintertime when they come to work at 6:00, 6:30 in the morning, that's what we get. So we are going to have somewhat the same problem if they are going to have parking on the east side, that's directly behind the building, which we don't have now, we have it on the north side. So he's talking about having, you know, cars parked on both the north side and the east side and it directly affects, you know, our privacy and our -- the fact of the cars going in and out and we get the dumpster that comes in there every morning about 6:30 and so we getting a lot of noise and we have no objection to the building at all, we are just trying to protect our own privacy and our own quality of life. The other thing we have a problem with are the lights on the back of the buildings. There was a small machine shop, I mean it lit up our entire back yard and if we had a party back there, we wouldn't have to turn a light on and so we asked if he would mind turning the lights off and he did and we really appreciated that. So we, again, are asking that there not be any lights on the east side of that building, because it just -- it just lights up the whole area. But I do have concerns also -- or we do about putting the parking lot over that irrigation pipeline that is -- that is on the other side of that chain link fence and he talked about a buffer. Well, the buffer consists of chain link Meridian City Council Meeting August 6, 2002 Page 63 of 77 fence, some scraggly pine trees and some -- some people would call lawn. I don't call it lawn. That's the only buffer we have. So we get light, we get noise, we get everything along there. It's 17. It's not this one. It's Lot 5, Block 2. That's the one. Uh-huh. Corrie: Okay. Thank you. Anyone else? Would you like to comment on your-- Falash: I'm Mike Falash. Again, we have agreed that we wouldn't put any lighting on the east side of that building and there are some zoning requirements or ordinance requirements for lighting and how far those lights can shine out and so forth, which we have on the north side and the south side. Being an industrial area it's pretty tough not to have access around the entire building when you are providing that kind of a building and service and that type of clientele we are after. What Medimont was set up for was light industrial, because you're going to need access to the rear of the building and access to the front side of the building, so I understand their concern of the lights and traffic and coming around the side, but I don't -- you know, the way Medimont was set up and, you know, I think they did the best they could with what they had with the landscape buffer and the fencing across there, but I couldn't see any way that we could really design the building and not have access to the rear, because you need the overhead doors, you need the frontage to come in for the office space, so I don't know what the solution to that is, other than that's just kind of the nature of how it's zoned and what we are up against. Corrie: Questions from Council? Okay. Falash: Thank you. Corrie: Anyone else? Okay. Council, any further discussion for the Public Hearing? Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: And maybe Mr. Falash can answer this, too. There was some discussion earlier about the dumpsters and I saw some recommendations from the Planning and Zoning Commission about the dumpsters and -- so they wouldn't be subjected to the residents, I think that's addressed again by Mr. Witherell's letter. Falash: On Lot 5, which is the one up in the middle, we did -- the dumpster -- you know, I don't think anybody wants to have a dumpster up on Adkins Street, because there is a 30 foot wide landscape corridor down through there and I think the idea is not to have -- is to keep that corridor, you know, in the city planning -- in the city concept plan of having a development come down through there and have that all landscaped. So the dumpster on Lot 5, whether it's in the -- there was a question whether it should be in the other corner or the northeast or southeast, they are both backing up to residential areas. On the Lot 10 on the other end, we did move it to the south end of the corner, because it was moved furthest away from the residential section of the property on our northeast Meridian City Council Meeting Augus16,2Q02 Page 64 of 77 corner of that property and then right adjacent to the east it's really a commercial piece, so we did move the dumpster down to the south end on Lot 10. You know, there are the other two buildings that are already existing that do have their dumpsters located on the east side of their property and to me that's the most logical spot for it, you know, with some screening around it. Whether we move it ten foot one way or another, I don't know if that will -- I don't think that will make any difference on a -- when they come in and remove the container and dump it. Maybe something could be worked out with the sanitation department to look at different hours to hit this area. Maybe that's a solution to that early morning dumping and that would help solve the problem of the local residents being -- to make their pick ups at 9:00 or 10:00 in this area. I don't know. Nary: I guess I noticed -- and maybe -- I don't know if you're the right person to answer this, but I'm looking at that Planning and Zoning recommendations in regards to the -- I think it's Lot 5, which I think is the one that these folks are concerned with, and they deleted the section regarding the dumpsters. Falash: I think at one time we were going to move it to the south side, instead of the north side, but generally not -- you're still on a residential boundary there, so did we accomplish anything. It wasn't gained -- it didn't gain anything by moving it from one end to the other, so I felt it -- to me I voted and argued that we thought it should be at the back of the building and not the front of the building. So that's why we went to that discussion with the Planning and Zoning. We got that approved that direction and then we are moving the one on Lot 10 instead, because it didn't abut a residential area on that one corner. Nary: Thank you. Corrie: Any other questions? Bird: I have none. Corrie: Okay. If there is no other discussion for the Public Hearing, I will entertain a motion to close the Public Hearing. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I move that we close the Public Hearing on the Conditional Use Permit and also the Conditional Use Permit on the multi -- on Lot 10, Block 2 and also on Lot 5, Block 2 in Medimont Subdivision. McCandless: Second. Meridian City Council Meeting August6,2002 Page 65 of 77 Corrie: Okay. Motion has been made and seconded to close the Public Hearing on CUP 02-016 and CUP 02-017. Any further discussion? Hearing none, all those in favor of the motion say aye. Opposed no? All ayes. Motion carried. MOTION CARRIED: ALL AYES. Corrie: Further discussion? McCandless: Mr. Mayor? Corrie: Mrs. McCandless. McCandless: I notice also on these P&Z recommendations that all exterior lighting should be kept down shield or otherwise altered, whether attached to the building or located in the parking lot, so that the lights cannot spill over to adjacent property. Has that been done? Falash: That was one of the recommendations from Planning and Zoning and that's one of the things they will be checking when we submit our drawings in for building permits and stuff. Right now everything is just sort of a concept and we agreed to limit our lighting, not to do any lighting on the east side and we will provide -- there are types of lights that will give you that shielding and we have no problem providing that. McCandless: Thank you. Corrie: Okay. I caution Council to not ask those questions when the Public Hearing is closed. We can reopen it if you want to do so. Thank you. McCandless: I was just reading these and I noticed about -- they talked about lighting and that was -- Corrie: Okay. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I believe they have got pine trees out there in the deal, which we addressed at the last building with the lumber company coming down there. This development was designed to be these type of buildings and stuff and I feel for the neighbors back there that, yeah, they probably do get lights shinning in their yards or in their houses at times and stuff, but it is a -- they have done a very nice job of developing out there and [ think they have tried to be very friendly to the neighbors. The irrigation thing don't bother me, because I think with state laws, your water rights are -- [ mean they can yank up the parking in no time, so as long as you get your irrigation, so -- and I think these would be very nice additions to Meridian and I think that Mr. Falash has been very agreeable to Meridian City Council Meeting August 6, 2002 Page 66 of 77 work with the neighbors and do what they -- would try to do what they asked on the lighting and stuff and the parking. So ] think it's a very nice development out there. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Brad, could you put up the picture again of the -- the one -- I guess the trash enclosure troubles me some. Could you put up where those -- the one that shows where this lot is in relation to these folks that testified? As I understand that testimony, they are right -- right to the east of this -- of that property? Okay. And the trash enclosure is proposed to be to the rear of the building and the only separation from that trash enclosure to their property is that grass strip and trees and the fence; is that correct? Hawkins-Clark: Including a chain link slatted enclosure. Nary: Okay. But they still have to drive the truck back there to dump the -- Hawkins-Clark: Correct. Nary: Okay. Hawkins-Clark: The existing fence is not slatted, but the three-sided trash enclosure would have slats in it. Nary: And there was discussion at the Planning and Zoning Commission about relocating that and they just found it wasn't practical in any other location as well? Is that what I understood? Hawkins-Clark: Councilman Nary, I wasn't at that meeting, but, yeah, it seems like, according to Mr. Falash's testimony, they felt it would be of no benefit to move it to the north, although those two properties that are the yellowish color have an approved apartment complex on it, although we haven't seen that complex come through, but they are R-40 zoned is what those have. Nary: So currently this is still bare ground and this is another industrial building of some sort; correct? Hawkins-Clark: Uh-huh. Nary: Well, there is not much we can do for these folks, other than move that trash. I don't know what else we could do differently. But at least that avoids more parking and trucks and traffic. I recognize that Mr. Falash is correct that having access around the building is probably necessary in this area, but I don't know that you want to have a garbage truck driving back there every week, so -- Meridian City Council Meeting August6,2002 Page 67 of 77 De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: So are you suggesting that they move that to the north corner and then how does the garbage company have access to that dumpster to dump it? Nary: Well, there is space between the buildings. I mean this is -- right now, Brad, where is the east property line? Right there. And this is where the trash enclosure is supposed to be? Right here? And those folks' property is right here sort of? Hawkins-Clark: Uh-huh. Nary: And if you move it to thiS corner of the property, what's there right now is a proposed apartment complex that doesn't exist yet and there is another industrial building here and it is a completely open parking lot to access it from there. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: You move it up there and you lose your parking spaces and -- [ mean they can move them down, more parking spaces there at the east, but then you're really going to get the lights coming into their house. I don't know how often the dumpsters are picked up out there, I don't know how busy they are, I don't know how big a dumpster they put in there, but -- Nary: Mr. Bird. Are they at the minimum required parking spaces for this building? I mean if they move this from here to there and they lose -- I mean that appears to take two or three spaces at most. If they move that to here, are they under? Hawkins-Clark: Councilman Nary, Members of the Council, I believe that it's one to 1,000 in warehousing, so 11,700 square feet, you would be looking at 12, but then you have got to add on potential office. I did not see a breakdown on the plan. Nary: It appears they have about 36 parking spaces. They seem to be in blocks of 12. Twelve. Twelve. Twelve. Approximately. And I would agree adding parking to this location doesn't improve this location for the neighbors. I guess my preference would be to leave this area free from parking, but it doesn't enhance the neighbors, in that at least once a week a big garbage truck has to come through here. They have to get the garbage and if they move it up here and if they are not -- if there is no loss -- or loss in spaces to the north, it isn't going to impact them in that regard, what difference does it make? Bird: Mr. Mayor? Meridian City Council Meeling August 6, 2002 Page 68 of 77 Corrie: Mr. Bird. Bird: Most of your -- most of your garbage to that thing is going to be hauled out through the south end and that's where your -- because your store fronts are going to be up in -- on the north side where the parking is. So, you know, you're looking at not only having to haul a lot more, are going to have them come blowing out as hauling out, it's inconvenient, they pick up once a week, I -- and that's -- I don't know what the trash company -- but I bet they tell us they don't want it to go there, because they are pulling in during business hours, they don't want to be pulling through a bunch of cars that's got a chance of backing out into them or them hitting them. This is logical if you come straight in and I feel for the neighbors, but it's maybe picked up once a week -- I don't think you would want it on Adkins Street. That's your main boulevard. Yeah. And that's all landscaped there. Nary: J guess, Mr. Mayor, my only concern is from what these folks said is they already get a lot of what the other -- the adjacent properties here, they get lights, they get parking, and now we are saying, okay, we should drive the trash truck down here so they can get all the lights the whole way down to get in and get this trash and I guess I'm thinking the dumpster doesn't mind driving down my street and backing out, I'm not sure it's that big a deal to move it over here. It seems like my recollection from prior testimony from other ones in this area that part of the concern is the trash comes at like 6:00 o'clock in the morning in this particular area, so all the more inconvenience and, like you said, there is not much else -- I agree with what you're saying, Mr. Bird, but that is part of this type of development. So whatever is left -- I mean what little less of an impact we can put for these people -- there is still going to be some noise, and there will be some lights, there will be some dust and all those other things that are just from this type of development, but I guess I don't see that that's the most awful thing in the world, just to move that location, as long as we are not going to have a parking space issue next. Hawkins-Clark: Mr. Mayor, they do have the parking detailed out on their site plan and even if it was all office, which they are prohibited from being all office, they would be five spaces beyond code. Nary: What's this little bulge out here, Brad? What is it? It's at the backside of the lot. This is Adkins here and this is a building. So is this just drainage? Hawkins-Clark: Just a landscaped area. De Weerd: A landscaped drainage area? Hawins-Clark: No. It's not open. In terms of open pond you mean? Nary: Or swale or something. Meridian City Council Meeting Augus16,2002 Page 69 of 77 De Weerd: Or swale. Hawkins-Clark: There is a pressurized irrigation connection point in that area. Their landscape plan does show two trees and sod in that corner. Nary: Can't they flip flop those two things there and put this up here and put the landscaping there or is there an engineering problem with that drainage? De Weerd: More pipe. Nary: There is no screen fencing along here either, is there, Brad? Hawkins-Clark: Correct. Nary: The cars are parking face in, headlights all shining -- right now, though, there is no property here, it's just over here. But, again, you're still going to have all the lights going this direction when there is an apartment building there. Hawkins-Clark: Correct. Nary: And there is no requirement for them to screen this fencing at all? Hawkins-Clark: Correct. Yeah. The fencing was a requirement of the original developer of the whole subdivision. Mr. Barnes had to do the 20 foot landscape strip, which has the pine trees spaced occasionally and the fencing, which was just chain link. So, yeah, the only screening is around the actual enclosure. Imagining the -- they have required -- - they estimated two cubic yards of waste to be generated, so, you know, a ten foot wide dumpster area, but typically I would imagine they would come in and pull up around in back, back in to access this dumpster. It's foreseeable that they could enter on the north, turn to the south, and back in to access the dumpster here. I think Mr. Bill Gregory would review the final submittal and make comments on that, but -- at SSC. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: That would be a back loading dumpster? It wouldn't be -- how large a dumpster do they usually have on something like that? Ten yards? Three yards? So they do load it from the back or do they come in from the front? If they are front loaders, do they have to come in -- so if you put it up in that corner right up there, you're going to eliminate a whole bunch of parking lots -- or parking spaces, because they are going to have to come in to come in straight on to it. Hawkins-Clark: Just these two or these two. Bird: And then bring it all the way through there and back straight in. Meridian City Council Meeting August 6, 2002 Page 70 of 77 De Weerd: Then they could come straight in and -- Corrie: And back out. De Weerd: And then you could fill those -- where it's currently at with two trees and have a little bit more of a buffer for the headlights. You know, I guess, in essence, we continue to -- and it's not the applicant of the subdivision's problem that the landscape buffer is not adequate. It's just not adequate. And we continually get this. Every single application we are going to hear this and he went to the absolutely bare minimum that he absolutely had to do and these applications -- or these applicants continue to hear the gripes about it, but he met the intent of the development agreement and so you're kind of in a Catch 22. The homeowners association of the subdivision or the association of the subdivision, it sure would be nice if they were part of the solution, so the neighbors could have a little bit of peace of mind. But, again, they inherited it. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I wonder -- and I don't think there is any way you can make this be done, but the existing chain link could be slatted, which would really help. I don't know how much that costs. I don't have the slightest idea. It isn't in the development agreement. Good idea. Corrie: Mr. Nary. Nary: It's a great idea. Unfortunately, Mr. Sames is the one that has to do it and there is nothing that requires him to come back here to do this. The property owner -- he doesn't own that fence, so they can't do it. So I mean we are kind of between a rock and a hard place. And, like I said, I think that's my -- I guess that's my rationale is we need to do whatever minimal things we can do to alleviate something for these neighbors, because there is not a lot of other things we can do. We can't -- we can't plant more trees, we can't slat the fence, we can't build a better buffer for them, because we are kind of stuck in that regard. So the best we can do is at least -- you know, Mr. Falash has agreed to limit the lighting, so that's at least one of the concerns they have raised and he is willing to do that and he has done that on the other pieces, so I think we are comfortable with that and, like I said, my only other concern is locating the trash enclosure -- at least if we move it, it sounds to me like we have a lot of adequate parking, so they can move it and still make it acceptable and they can essentially change that parking lot configuration to put the trash to the north of that and put the trees to the south and at least that's something. It's not a whole lot, but there is not a whole lot else we can do to alleviate the impact this has on these neighbors. Bird: Mr. Mayor? Corrie: Mr. Bird. Meridian City Council Meeling August6,2002 Page 71 of 77 Bird: I think when you -- I think moving it you make an unsafe situation when you bring it over there and you have that big -- and I don't think the trash company is particularly going to want to recommend doing that, because anytime you get one of those trucks in, even though you say they always come at 6:00, 6:30 in the morning, there is times when you fill it up and you have to call in and they have to come at a certain time during the day and you're asking -- you bring one of those trucks in with all the parking spaces with people pulling in and out, you're asking for a safety concern I believe and [ also think you're going to lose a lot of trash by the time you haul it from the back and that's where -- that's where it's designed to haul out to the north and dump it. Papers blow and stuff like that in the wind and that's a tough question. De Weerd: You have that same issue on either side, because they still have to walk either the length of this or the length of that. Bird: You don't come out that way, you would be coming out this way and around to dump. You don't come out through the front office. Corrie: Well, we have heard from two. Do the other two have any comments? De Weerd: I guess one other solution might be is -- you can't put up another fence, because that causes a safety issue, but you could put up a light barrier that's the height of the headlights of the cars that could help minimize the impact, you know. And I certainly have no -- I have a great imagination, I just don't know what that would be. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I think you're talking like on this eastern area here where you have some sort of four foot fence, so that way you have got a shield from parking cars and as well as the trucks coming through here to dump, is that what you're talking about? De Weerd: That would be a possibility. Nichols: Mr. Mayor? Corrie: Mr. Nichols. Nichols: Mr. Mayor, Members of the Council, with the Conditional Use Permit you can impose conditions that are reasonably related to the impact the development will have on the neighbors and the landscape buffer has proven inadequate, a requirement to slat the chain link fence would give you the light barrier that you're asking for. You're not asking the applicant to put up a whole new fence, just to simply slat a portion of the fence adjacent to this lot and that may be sufficient -- it may still be inadequate compared to a berm type landscape buffer and those kinds of things, but it may be Meridian City Council Meeting Augus16,2002 Page 72 of 77 something that's certainly reasonably related to the development and the impact on the neighbors. But it's got to be less expensive and less burdensome than building a new fence to simply slat the one that's already there. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Doesn't the -- I guess -- and I agree with what you're saying, Mr. Nichols, but he's going to have to get the approval of Mr. Barnes to slat the fence. It's not his fence and it's not on his property. I guess that would be my only concern is that if Mr. Barnes were to say I don't want you to do that, you can't. So I agree that's the best -- that is the right outcome, I just don't know whether or not Mr. Falash can effectuate that. It's not his property. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I agree with Mr. Nary. I think that is the ideal thing and maybe Mr. Falash or the owners of the properties in there could go to Mr. Barnes and ask him if he would consider doing that. I don't see any way that we can force him to do that and there is no way that you can force Mr. Falash to do it for this section through here, because he don't own the fence. Nary: Mr. Mayor, what we could do -- I guess another alternative is we can put -- like Mr. Nichols said, we can put reasonable conditions on this development to lessen the impact on the neighbors. We can also incfude in those findings the alternative that slatting the fence would be the alternative to either moving the trash enclosure or, as Councilwoman de Weerd would like, you could build a light barrier or something like that. That, again, puts the -- I guess Mr. Falash can go to Mr. Barnes and say, look, it's a lot cheaper for me to slat that fence than it is to build a second fence or to move and redesign my trash enclosure to a different location. But at least we would feel like we are attempting to alleviate the neighbors' concerns, as well as providing as many alternatives that are reasonable as we can. That gives Mr. Falash the ability to do a couple of different things to lessen that impact and one of them can be, I think as we said, probably the least acceptable alternative, that he's going to have to get Mr. Barnes to agree with that, and that's I think at least probably as much as we can do. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: Maybe the best thing to do would be to reopen this Public Hearing to continue it until the -- until the 20th and give the applicant an opportunity to talk to Mr. Barnes or whoever manages that and our staff to look at maybe -- I wasn't really talking Meridian City Council Meeting August6,2002 Page 73 of 77 a fence, more, you know, a light bar or, you know, just options that could help mitigate traffic lights or talk to the garbage company and see where it is -- the only way we can even get his comments was to reopen this Public Hearing and -- Nary: Is that -- De Weerd: I don't know. I just want -- it seems like we are up here trying to solve some issues that I think would be best solved with the applicant and Mr. Barnes and our staff and -- Nary: And the neighbors. De Weerd: -- and the neighbors and not us. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: You know, it's all well good to do this, but we have had, what, two developments come through here with these same arguments that we passed on. The other neighbors have had the same problems and we passed on them, because that is an industrial commercial development. We haven't had to put anything in the buffer or anything like that and I -- I'm not for reopening, I guess, at this time. Hawkins-Clark: Mr. Mayor? Corrie: Brad. Hawkins-Clark: If I could just throw out one thing. One difference is I don't believe the other two had head-in parking on the eastern boundary. That's one difference. One other thought that I had, if you want to go with the eitherlor option, they do have three and a half feet of play in this drive aisle width right here, they are exceeding -- they only have to have 25 feet from the parking stall to the building and they have 28 1/2 feet. If it could be that if you took say these three parking spaces, this area right here, you know, within three and a half feet, if they created a little planter and you required arborvitaes, that they would still meet all the city code and they would only have to be, you know, four feet high to block any head-in lights, if you follow me. It would be a new planter that, you know, wouldn't need to go the full boundary, the primary concern is this -- are the neighbor here to testify, but it could be just, you know, a little three and a half, four foot wide planter that you would have some short shrubs in that would be tall enough to block the headlights. The main issue there, of course, is you still have to get an underground sprinkling line there. Just another option. De Weerd: Well, I guess it all is a matter of do we sit up here and offer a solution or do we allow the applicant to have a say, as well as the neighbors and -- Meridian City Council Meeting August6,2002 Page 74 of 77 Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I guess I agree with Councilwoman de Weerd, is that I don't really want to redesign this whole project, I was just trying to alleviate some concerns and do I think it's fair to allow the applicant to, one, provide some input and also to provide the best alternative. I mean we are supposed to come up with one tonight and I think the difference has been I think every time -- I think we have always tried to address the concerns, some we can't, some we can. Here this happens to be something we can. I mean it's something we can deal with that's a pretty small thing, but it's not real small if you look next door. I think on the other ones we have always tried to address what was there and some just didn't do it, some of it was dealing with more of issues of building height or a blank wall behind my house and it really didn't have a whole lot to do with this particular type of thing that I can recall, but I guess I would be more in favor of at least reopening the Public Hearing and if we can't make a decision tonight, that we continue it to give the applicant the opportunity to see what alternatives exist that are going to work for him, as well as his neighbors and that we just get it done, rather than spending another half hour. Bird: I have no problem with opening it tonight, but let's talk to the people, let's get it decided tonight. If you look on our agenda -- De Weerd: Mr. Mayor, let's reopen the Public Hearing. Corrie: I'll entertain a motion. De Weerd: So moved. Corrie: Do I hear a second? McCandless: Second. Corrie: Okay. Motion has been made and seconded to reopen the Public Hearing. Any further discussion? Hearing none, all those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Corrie: I'd like to hear what you have to say. We are spending a lot of your money. Falash: You guys always stick me last on the agenda. Corrie: Your name, please, just for the -- Falash: My name is Mike Falash, 149 South Adkins. I'll tell you what, I'll agree to put slats on that fence line, because I think that will probably be a good solution for adjacent Meridian City Council Meeting August 6, 2002 Page 75 of 77 landowners. I don't have a problem with that. I'm thinking I'm sure I can get John to agree to do it. That's Lot 5. Lot 10, on the other hand, is at the other end and it really abuts a commercial piece of property, so I would like -- we are hearing both things at one time, so I don't want to -- make sure we address one lot against the other, but I have no problem, I think the slats are probably the best solution. You put landscape in, you'd have to make it so dense to really block lights that you'd probably have them just stacked in there, but I think slatting is probably the most logical solution to it and I have no problem providing it on this lot, so if you're agreeable to that, that will help out with the lighting and agree on the amount of lighting we have off of the east side and -- which would be none and we will definitely need a shield on the other side. So I do like to have the dumpster at this end, but, you know, if we go and slat that whole fence in there, you will have a six foot high screen across there and I hope that will keep everybody happy. Corrie: Now would you like to say something about slatting the fence? You're still under oath. I just need your name and address. Robertson: Bernie Robertson. 185 South Locust Grove Road. I think that sounds fine. If we can work with the developer and hopefully Mr. Barnes, if that's what it takes, you know, and we appreciate it, we really appreciate the time you have taken on this, because it's kind of an issue for a long time now, the fact that we have to face those lights all the time and slats would help solve some of the problem. Thank you very much for the time you have taken. Corrie: I think, Mike, you can get -- Mike, you can get him to do that. John -- if you need any help, I will twist his arm. He owes me a favor. Nary: His neighbors would tell Mr. Smith that if ever listens to anybody in Medimont Subdivision -- De Weerd: Mr. Mayor, I move we close the Public Hearing. McCandless: Second. Corrie: Motion made and seconded to close the Public Hearing. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Corrie: Now I'll entertain a motion on CUP No. -- what we are discussing here, 02-016, which is the mixed use permit for the 11,700 square foot multi-flex space, 150 South Adkins Way, Lot 5, Block 2. Bird: Mr. Mayor? Corrie: Mr. Bird. Meridian City Council Meeting August6,2002 Page 76 of 77 ( Bird: I would move that we approve the Conditional Use Permit of the 11,700 square foot multi-tenant flex space office warehouse buildings on Falash & Ross Construction, Incorporated, Lot 5, Block 2, Medimont Subdivision, northwest corner of East Franklin Road and South Locust Grove Road and to include the condition of slatting the existing barrier fence, I think it's a six foot high chain link fence, and for the attorney to draw up the Findings of Facts and Conclusions of Law and Decision and Order. McCandless: Second. Corrie: Okay. Just for point of order, is that 16 or 17 that has that slat? Bird: That's 17. Corrie: Seventeen. Okay. Nary: And it's on the eastern boundary. Bird: The eastern boundary only. Yes. That block. Corrie: Thank you. Motion has been made and seconded. Any further discussion? Okay. Roll-call vote, please. Roll-call vote: McCandless, aye; Nary, aye; DeWeerd, aye; Bird, aye. Corrie: Okay. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Corrie: 1'1[ entertain a motion on the request for Conditional Use Permit No. 02-017. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I would move that we approve the Conditional Use Permit on a 11,700 square foot multi-tenant flex space office warehouse building by Falash & Ross Construction, Lot 10, Block 2, Medimont Subdivision at the northwest corner of East Franklin Road and South Locust Grove Road and for the attorney to draw up the Findings of Facts and Conclusions of Law and Decision and Order. De Weerd: Second. Corrie: Okay. Motion has been made and seconded. Any further discussion? Roll-call, please. Meridian City Council Meeting August 6, 2002 Page 77 of 77 Roll-call vote: McCandless, aye; Nary, aye; DeWeerd, aye; Bird, aye. Corrie: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Bird: Now wasn't that better than coming back the 20th with another-- De Weerd: Yes. Corrie: So if there is no other, I will entertain a motion we adjourn. McCandless: Mr. Mayor, I move we adjourn. De Weerd: Second. Corrie: Motion has been made and seconded to adjourn. All those in favor say aye. MOTION CARRIED: ALL AYES. Corrie: Adjourned at 25 until 11 :00. MEETING ADJOURNED AT 10:35 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: g 1 '2(J 1 tl2- DATE APPROVED ATTESTED: - - CITY OF MERIDIAN CITY COUNCil REGULAR MEETING AGENDA Tuesday, August 6, 2002, at 6:30 p.m. City Council Chambers 1. Roll-call Attendance: X Tammy de Weerd X X Cherie McCandless K )( Mayor Robert Corrie 2. Adoption of the Agenda: Bill Nary Keith Bird 3. Consent Agenda: 5- D. 5-E. 5-F. A. Approve minutes from July 9,2002 City Council Special Meeting: IJfprov-G Approve minutes from July 9, 2002 City Council Joint Workshop: .A-pp n;;y'G Approve minutes from July 16, 2002 City Council Regular Meeting: ApPrDv'(., Tabled from July 2, 2002: Findings of Facts and Conclusions of law: 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: /J-jr;-p rove..- Tabled from July 2, 2002: Findings of Facts and Conclusions of law: PP 02-006 Request for Preliminary Plat approval of 455 single-family lots, 38 common lots and 1 other lot on 190.47 acres in a proposed R-4 zone for proposed Tuscany lakes Subdivision by Gem Park II Partnership - west of South Eagle Road and south of East Victory Road: Wn?y'~ Tabled from July 2, 2002: Findings of Facts and Conclusions of law: CUP 02-006 Request for a Conditional Use Permit for a Planned Unit Development consisting of 353 buildable lots and 31 common lots on 138.88 acres for proposed Tuscany lakes Subdivision by Gem Park II Partnership - west of South Eagle Road and south of East Victory Road: .!J-pf;mye..., B. C. Merid ian City Council Agenda - August 6, 2002 Page l of 5 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 hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 5- M. G. Findings of Facts and Conclusions of Law: V AR 02-007 Request for a Variance for reduced setback from ten feet to five feet on the side of a home with a dormer on the second level by KW Homes - Lot 28 Block 4 of Packard Estates No.3, 2641 E. Bernice Dr.: /Jp-proV.e.... Findings of Facts and Conclusions of Law: AZ 02-004 Request for annexation and zoning of 127.74 acres from RUT to C-G, L-O and R-4 zones for proposed Sutherland Farm by Sutherland Farms, Inc. - east of South Eagle Road and north of East Victory Road: A-rtY1JV-e...- Findings of Facts and Conclusions of Law: PP 02-004 Request for Preliminary Plat approval of 308 building lots and 30 other lots on 127.64 acres in proposed L-O, C-G and R-4 zones for proposed Sutherland Farm by Sutherland Farm, Inc. - east of South Eagle Road and East Victory Road: A-ffYDYe..., Findings of Facts and Conclusions of Law: CUP 02-005 Request for a Conditional Use Permit for a Planned Unit Development for residential, commercial and office park development for Sutherland Farm by Sutherland Farm, Inc. - east of South Eagle Road and north of East Victory Road: ApfI"OY-e.., Findings of Facts and Conclusions of Law: AZ 01-015 Request for annexation and zoning of 34.60 acres from RUT to I-L and L-O zones for proposed Utili Subdivision by Falcon Creek, LLC - 3365 North Ten Mile Road: J/0 H. I. J. K. L. Findings of Facts and Conclusions of Law: PP 01-017 Request for Preliminary Plat approval of 11 building lots on 34.60 acres in proposed I-L and L-O zones for proposed Utility Subdivision by Falcon Creek, LLC - 3365 North Ten Mile Road: N. Order Granting Appeal: AP 01-00 Stop Work Order at 2340 West Franklin Road by Walt Morrow: "T a.J,;-I.-G --to A-u5' 20 J 2002- Development Agreement: AZ 01-008 Request for annexation and zoning of 12.71 acres from R1 and RUT to C-G and R-40 zones for proposed Baltic Place Subdivision by L.C. Development, Inc. - Franklin Road west of Locust Grove Road: At-7?frVG Resolution No. 02-381: Recognizing VallevRide as the regional public transportation authority: ~7I?Y e-- o. Meridian City Council Agenda - August 6, 2002 Page 2 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 5- R. S. T. v. 5-- w. I" I.. P. Award of Contract, 2002 Sewer Cleaning Project: !J.ppr1JYe, Award of Contract, Asphalt Pavement Improvements at Waste Water Treatment Plant: A-Pf1YflIO Agreement for Professional Services Addendum No. 1 - White Drain Sewer Trunk Project, Keller Associates: /JfprOVf/ UV Disinfection, Grit Basin and Outfall Project - Tertiary Filter Bypass Change Order: Iip-p roV.t., South Slough Sewer Project, Sewer Easement - 9i~ie Roberts: ftfJ-prov6 South Slough Sewer Project, Sewer Easement -,/tf]rn Alleman: Iq rP ro y 'f:J Snorting Bull (Woodbridge) Subdivision Off-Site Water and Sewer Easement - Paul and Margaret Loree: !+f'Pro"~ W.H. Moore Consent to Annexation Agreement: Approv-e Q. U. Approve Bills: 4. Department Reports 1. Police Department - Mike Worley A. Agreement for Police Testing: /q:Jproye., 2. Public Works Department - Brad Watson 5. 6. 7. A. 1-84 Sewer Crossing Project Latecomer Agreement - G.L. Voigt; ftpfJYOVe..- B. Five Mile Sewer Trunk Extension Latecomer Agreement - Sundance Development Company (Silverstone): LCLhrk. +0 /fWO 27/2002- (Items Moved from Consent Agenda) Dl E) r. VV\. \ ~ I W Resolution No. tJ Z'"'" ('j g 2... : Adopting the Comprehensive Plan: Continued Public Hearing from July 2, 2002: Proposed Comprehensive Parks and Recreation System and Action Plan: !!Jm+ '?Ih -10 ~i /c1;2co2 Meridian City Council Agenda - August 6, 2002 Page 3 of 5 All materials presented at public meetings shall become property ofthe City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 8. Ordinance No. 02 - 9 &8 AZ 01-008 Request for annexation and zoning of 12.71 acres from R1 and RUT to C-G and R-40 zones for proposed Baltic Place Subdivision by L.C. Development, Inc. - Franklin Road west of Locust Grove Road: ../J;Otol7J~ 9. Ordinance No. 02 -9 & 9 AZ 02-008 Request for annexation and zoning of 5 acres from RUT to L-Q zones for the proposed LOS Stake Center by Lombard Conrad Architec~s - 2515 W. Ustick Road: J+fproV-e.... 10. V AR 02-009 Request for a Variance from the required number of parking spaces for the Cole Valley Christian School by Jeffrey L. King - 200 East Carlton Avenue: Applic~ion withdrawn by Applicant - refund requested: Ftf-p roY'6 (e. fUiYVd 11. FP 02-011 Request for Final Plat approval of 19 building lots and 3 other lots on 11.57 acres in an R-4 and C-N zone for Cherry Crossing Subdivision by Hawkins Companies - northwest corner of West Cherry Lane and North Linder Road: AtPrvY~ 12. Non-Development Agreement for Cherry Crossing Subdivision by Hawkins Companies - northwest corner of West Cherry Lane and North Linder Road: Atp-roVe.. 13. FP 02-015 Request for Final Plat approval of 82 building lots and 4 other lots in an R-4 zone for Marlin Subdivision by W.H. Moore Company - north of 1-84 east of South Linder Road: A,op lOVe.., 14. FP 02-016 Request for Final Plat approval of 38 building lots and 7 other lots on 13.72 acres in an R-8 zone for Baldwin Park Subdivision by Capital Development - % mile south of West McMillan Road and east of North Linder Road: IJ.fp11JV~ 15. Public Hearing: 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: ~lvUL0 fo P{'tf~ FFtL .fVy Apt nNa.-t 16. Public Hearing: RZ 02-001 Request for a rezone of .97 acres from L-Q 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 Mag~c View Drive and South Allen Str~t: (\ ~ . _. _ I Jt~(~ +0 1r-e-(Jt:tlU- -FFC-L }uy IJ..VrIAQA 17. Public Hearing: 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: Jt+h>rlWj{ +0 ?flfMc F Ft.L fOy!+ft;rD(}tt.Z Meridian City Council Agenda - August 6,2002 Page 4 of 5 All materials presented at public meetings shall become property ofthe City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 18. Public Hearing: 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: AJ-b?r'"~ ..co 1re-pa.k.e. ffCL fOr Ittff1:;fol. Meridian City Council Agenda- August 6, 2002 Page 5 of5 All materials presented at public meetings shall become property ofthe City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. August 16, 2002 MERIDIAN CITY COUNCIL MEETING APPLICANT REQUEST August 20, 2002 ITEM NO. Approve minutes from August 6, 2002 City Council Regular Meeting 3-G 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 HIGHW A Y DISTRICT: SANITARY SERVICE COMP ANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Contacted: COMMENTS o I/-f, (;Jprr' 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 6,2002, at 6:30 p.m. City Council Chambers 1. Roll-call Attendance: X Tammy de Weerd X Bill Nary X Cherie McCandless X Keith Bird X Mayor Robert Corrie 2. Adoption of the Agenda: 3. Consent Agenda: A. Approve minutes from July 9, 2002 City Council Special Meeting: Approve B. Approve minutes from July 9, 2002 City Council Joint Workshop: Approve C. Approve minutes from July 16, 2002 City Council Regular Meeting: Approve 5-0. Tabled from July 2,2002: Findings of Facts and Conclusions of Law: 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 5-E. Tabled from July 2, 2002: Findings of Facts and Conclusions of Law: PP 02-006 Request for Preliminary Plat approval of 455 single-family lots, 38 common lots and 1 other lot on 190.47 acres in a proposed R-4 zone for proposed Tuscany Lakes Subdivision by Gem Park II Partnership - west of South Eagle Road and south of East Victory Road: Approve 5-F. Tabled from July 2, 2002: Findings of Facts and Conclusions of Law: CUP 02-006 Request for a Conditional Use Permit for a Planned Unit Development consisting of 353 buildable lots and 31 common lots on 138.88 acres for proposed Tuscany Lakes Meridian City Council Agenda - August 6,2002 Page I of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Subdivision by Gem Park II Partnership - west of South Eagle Road and south of East Victory Road: Approve G. Findings of Facts and Conclusions of Law: VAR 02-007 Request for a Variance for reduced setback from ten feet to five feet on the side of a home with a dormer on the second level by KW Homes - Lot 28 Block 4 of Packard Estates No.3, 2641 E. Bernice Dr.: Approve H. Findings of Facts and Conclusions of Law: AZ 02-004 Request for annexation and zoning of 127.74 acres from RUT to C-G, L-O and R-4 zones for proposed Sutherland Farm by Sutherland Farms, Inc. - east of South Eagle Road and north of East Victory Road: Approve I. Findings of Facts and Conclusions of Law: PP 02-004 Request for Preliminary Plat approval of 308 building lots and 30 other lots on 127.64 acres in proposed L-O, C-G and R-4 zones for proposed Sutherland Farm by Sutherland Farm, Inc. - east of South Eagle Road and East Victory Road: Approve J. Findings of Facts and Conclusions of Law: CUP 02-005 Request for a Conditional Use Permit for a Planned Unit Development for residential, commercial and office park development for Sutherland Farm by Sutherland Farm, Inc. - east of South Eagle Road and north of East Victory Road: Approve K. Findings of Facts and Conclusions of Law: AZ 01-015 Request for annexation and zoning of 34.60 acres from RUT to I-L and L-O zones for proposed Utility Subdivision by Falcon Creek, LLC - 3365 North Ten Mile Road: Approve L. Findings of Facts and Conclusions of Law: PP 01-017 Request for Preliminary Plat approval of 11 building lots on 34.60 acres in proposed I-L and L-O zones for proposed Utility Subdivision by Falcon Creek, LLC - 3365 North Ten Mile Road: Approve 5-M. Order Granting Appeal: AP 01-00 Stop Work Order at 2340 West Franklin Road by Walt Morrow: Table to August 20, 2002 Meeting N. Development Agreement: AZ 01-008 Request for annexation and zoning of 12.71 acres from R1 and RUT to C-G and R-40 zones for proposed Baltic Place Subdivision by L.C. Development, Inc. - Franklin Road west of Locust Grove Road: Approve Meridian City Council Agenda - August 6, 2002 Page 2 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. O. Resolution No. 02-381: Recognizing ValleyRide as the regional public transportation authority: Approve P. Award of Contract, 2002 Sewer Cleaning Project: Approve Q. Award of Contract, Asphalt Pavement Improvements at Waste Water Treatment Plant: Approve 5-R. Agreement for Professional Services Addendum No. 1 - White Drain Sewer Trunk Project, Keller Associates: Approve S. UV Disinfection, Grit Basin and Outfall Project - Tertiary Filter Bypass Change Order: Approve T. South SloUQh Sewer Project, Sewer Easement - Dixie Roberts: Approve U. South Slough Sewer Project, Sewer Easement - Vern Alleman: Approve v. Snorting Bull (Woodbridge) Subdivision Off-Site Water and Sewer Easement - Paul and Margaret Loree: Approve 5-W. W.H. Moore Consent to Annexation Agreement: Approve Approve Bills: 4. Department Reports 1. Police Department - Mike Worley A. Agreement for Police Testing: Approve 2. Public Works Department - Brad Watson A. 1~84 Sewer Crossing Project Latecomer Agreement - G.L. Voigt: Approve B. Five Mile Sewer Trunk Extension Latecomer Agreement - Sundance Development Company (Silverstone): Table to August 27, 2002 Meeting 5. (Items Moved from Consent Agenda) Meridian City Council Agenda - August 6, 2002 Page 3 of 5 A II materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 6. Resolution No. Approve 02-382 : Adopting the Comprehensive Plan: 7. Continued Public Hearing from July 2, 2002: Proposed Comprehensive Parks and Recreation System and Action Plan: Continue to September 10,2002 8. Ordinance No. 02-968 : AZ 01-008 Request for annexation and zoning of 12.71 acres from R1 and RUT to C-G and R-40 zones for proposed Baltic Place Subdivision by L.C. Development, Inc. - Franklin Road west of Locust Grove Road: Approve 9. Ordinance No. 02-969 : AZ 02-008 Request for annexation and zoning of 5 acres from RUT to L-O zones for the proposed LOS Stake Center by Lombard Conrad Architects - 2515 W. Ustick Road: Approve 10. VAR 02-009 Request for a Variance from the required number of parking spaces for the Cole Valley Christian School by Jeffrey L. King - 200 East Carlton Avenue: Application withdrawn by Applicant - refund requested: Approve Refund 11. FP 02-011 Request for Final Plat approval of 19 building lots and 3 other lots on 11.57 acres in an R-4 and C-N zone for Cherry Crossing Subdivision by Hawkins Companies - northwest corner of West Cherry Lane and North Under Road: Approve 12. Non-Development Agreement for Cherry Crossing Subdivision by Hawkins Companies - northwest corner of West Cherry Lane and North Under Road: Approve 13. FP 02-015 Request for Final Plat approval of 82 building Jots and 4 other lots in an R-4 zone for Marlin Subdivision by W.H. Moore Company - north of 1-84 east of South Under Road: Approve 14. FP 02-016 Request for Final Plat approval of 38 building lots and 7 other lots on 13.72 acres in an R-8 zone for Baldwin Park Subdivision by Capital Development - % mile south of West McMillan Road and east of North Under Road: Approve 15. Public Hearing: 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: Attorney to prepare Findings of Fact and Conclusions of Law for Approval Meridian City Council Agenda ~ August 6, 2002 Page 4 of 5 AlIlllaterials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 16. Public Hearing: 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: Attorney to prepare Findings of Fact and Conclusions of Law for Denial 17. Public Hearing: 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: Attorney to prepare Findings of Fact and Conclusions of Law for Approval 18. Public Hearing: 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: Attorney to prepare Findings of Fact and Conclusions of Law for Approval Meridian City Council Agenda - August 6, 2002 Page 5 of 5 All materials presented at public meetings shall become property of tile City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Meridian City Council Meeting August 6. 2002 The regular meeting of the Meridian City Council was called to order at 6:45 P.M., on Tuesday, August 6,2002, by Mayor Robert D. Corrie. Members Present: Mayor Robert Corrie, Tammy de Weerd, Keith Bird, Cherie McCandless and William Nary. Others Present: Bill Nichols, Gary Smith, Brad Hawkins-Clark, Brad Watson, Mike Worley, Sharon Smith, Ken Bowers, and Dean Willis. Item 1. Roll-call Attendance: X Tammy de Weerd X Bill Nary X Cherie McCandless X Keith Bird X Mayor Robert Corrie Corrie: All right. The time is a quarter until 7:00. I will open the City Council Regular Meeting on Tuesday, August the 6th, at the City Council Chambers. We will have roll call attendance, please. Item 2: Adoption of the Agenda: Corrie: Okay. All here and present. Adoption of the Agenda is Item Number 2. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: T he only thing outside of the Consent Agenda would be to take care of is Item Number 7, a Continued Public Hearing for the contract Parks and Recreation System Action Plan has been asked by the Parks Department and the Committee for the impact fees to be tabled to September 1 ih, so they can do some more work on the impact fees. Other than that I would move, then, that we approve the agenda as noted. De Weerd: Second. Corrie: Motion has been made and seconded to adopt the agenda with the exclusion of 7, a Public Hearing, which will be postponed. Any further discussion? Hearing none, all those in favor say aye. Opposed no? All approved. MOTION CARRIED: ALL AYES Item 3. Consent Agenda: A. Approve minutes from July 9, 2002 City Council Special Meeting: ( Meridian City Council Meeting Augus16,2002 Page 2 of 77 B. Approve minutes from July 9, 2002 City Council Joint Workshop: c. Approve minutes from July 16, 2002 City Council Regular Meeting: D. Tabled from July 2, 2002: Findings of Facts and Conclusions of Law: AZ 02N005 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: E. Tabled from July 2, 2002: Findings of Facts and Conclusions of Law: PP 02-006 Request for Preliminary Plat approval of 455 single-family lots, 38 common lots and 1 other lot on 190.47 acres in a proposed R-4 zone for proposed Tuscany Lakes Subdivision by Gem Park II Partnership - west of South Eagle Road and south of East Victory Road: F. Tabled from July 2, 2002: Findings of Facts and Conclusions of Law: CUP 02-006 Request for a Conditional Use Permit for a Planned Unit Development consisting of 353 buildable lots and 31 common lots on 138.88 acres for proposed Tuscany Lakes Subdivision by Gem Park II Partnership - west of South Eagle Road and south of East Victory Road: G. Findings of Facts and Conclusions of Law: VAR 02-007 Request for a Variance for reduced setback from ten feet to five feet on the side of a home with a dormer on the second level by KW Homes - Lot 28 Block 4 of Packard Estates No.3, 2641 E. Bernice Dr.: H. Findings of Facts and Conclusions of Law: AZ 02-004 Request for annexation and zoning of 127.74 acres from RUT to C-G, L-Q and R-4 zones for proposed Sutherland Farm by Sutherland Farms, Inc. - east of South Eagle Road and north of East Victory Road: I. Findings of Facts and Conclusions of Law: PP 02-004 Request for Preliminary Plat approval of 308 building lots and 30 other lots on 127.64 acres in proposed L-Q, C-G and R-4 zones for proposed Sutherland Farm by Sutherland Farm, Inc. - east of South Eagle Road and East Victory Road: J. Findings of Facts and Conclusions of Law: CUP 02-005 Request for a Conditional Use Permit for a Planned Unit Development for residential, commercial and office park Meridian City Council Meeting August6,2002 Page 3 of 77 development for Sutherland Farm by Sutherland Farm, Inc. - east of South Eagle Road and north of East Victory Road: K. Findings of Facts and Conclusions of Law: AZ 01-015 Request for annexation and zoning of 34.60 acres from RUT to I-L and L-O zones for proposed Utility Subdivision by Falcon Creek, LLC - 3365 North Ten Mile Road: L. Findings of Facts and Conclusions of Law: PP 01-017 Request for Preliminary Plat approval of 11 building lots on 34.60 acres in proposed I-L and L-Q zones for proposed Utility Subdivision by Falcon Creek, LLC - 3365 North Ten Mile Road: M. Order Granting Appeal: AP 01-00 Stop Work Order at 2340 West Franklin Road by Walt Morrow: N. Development Agreement: AZ 01-008 Request for annexation and zoning of 12.71 acres from R1 and RUT to C-G and R-40 zones for proposed Baltic Place Subdivision by L.C. Development, Inc. - Franklin Road west of Locust Grove Road: o. Resolution No. 02-381: Recognizing ValleyRide as the regional public transportation authority: P. Award of Contract, 2002 Sewer Cleaning Project: Q. Award of Contract, Asphalt Pavement Improvements at Waste Water Treatment Plant: R. Agreement for Professional Services Addendum No.1 - White Drain Sewer Trunk Project, Keller Associates: S. UV Disinfection, Grit Basin and Outfall Project - Tertiary Filter Bypass Change Order: T. South Slough Sewer Project, Sewer Easement - Dixie Roberts: U. South Slough Sewer Project, Sewer Easement - Vern Alleman: v. Snorting Bull (Woodbridge) Subdivision Off-Site Water and Sewer Easement - Paul and Margaret Loree: W. W.H. Moore Consent to Annexation Agreement: Corrie: Consent Agenda. Meridian City Council Meeting August 6, 2002 Page 4 of 77 De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I move we approve the Consent Agenda with the following changes, to move Items 0, E, F, M, Rand W to the Regular Agenda Number 5 as 5-0, E F, M, R, andW. Bird: Second. Corrie: Okay. Any further discussion? Hearing none, roll-call vote. Roll call vote: McCandless, aye; Nary, aye; DeWeerd, aye; Bird, aye. Corrie: Okay. All ayes. Motion is approved. MOTION CARRIED: ALL AYES Approve Bills: Item 4: Department Reports 1. Police Department - Mike Worley A. Agreement for Police Testing: Corrie: Item Number 4 is the Department Reports -- excuse me. Department Reports, Police Department. Mike Worley. Worley: Thank you, Mayor, Members of the Council. We have over the past few months been in some discussions with a company called Public Safety Testing out of Bellevue, Washington. This company has been in existence for a couple of years in the State of Washington and their business is to conduct pre-hire written testing and physical fitness testing for police agencies. They do provide validated tests in both areas. The applicant goes to them and can specify which agency they would like their test scores to go to. This has proven to be very successful in Washington. The candidates, rather than going around hitting each department on different testing schedules, can get one test score that's provided to whomever they want it provided to. Once we get a test score from somebody from this organization, we then continue on with our normal application process for selection. The agreement that you have in your package is an agreement to allow Public Safety Testing Company to conduct our pre- hire tests. Like I say, they have been in Washington for a period of time and the agencies I have talked to in Washington are very happy with the service they are getting. They are just making an in-road into Idaho. This will be the first area that they have attempted to serve. The City of Boise has already signed an agreement with Meridian City Council Meeting August 6, 2002 Page 5 of 77 them. Garden City is in the process of doing so, and Nampa is -- was in the process of it, but due to the untimely death of Chief Priest that's been put on hold, but the last information I had is they are also planning to move with them. With that I would be open for questions and, if not, J would ask Council's approval and for the Mayor to sign and the Clerk to attest the agreement. Corrie: Okay. Any questions of Council? Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: Chief, [ don't see any cost of this agreement. Corrie: Exhibit A. Worley: Mr. Mayor, Councilman Bird, there is -- the cost is based on the number of employees in the Police Department. We are able to fund a three-year contract, which we can also opt with each individual year. We do have funding available remaining in our budget this year to fund a three-year contract, which locks us into our current -- price based on our current number of employees. Even though we would add employees over the next three years, by doing a three-year contract we can lock into a -- not only a reduced fee, but a fee based on the current number of employees. Bird: Thank you. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Chief, I was just curious and maybe I just missed it in the contract, but since the grade is based upon employees on the -- currently in the department, not the number of people that get tested to be on the department, does that mean we can test however many we want? Is that how that works? Worley: Mr. Mayor, Councilman Nary, actually, yes. The employee or the applicants themselves also pay a testing fee to the company, but they will test as many as they want, because they are testing for 100 plus departments in Washington, plus whatever they sign up for here. They are also moving into California and there is no restriction on where you would test. For instance, if somebody, you know, in the Seattle area is interested in Meridian, Idaho, they can take the test in Seattle and have the scores sent down here. That's strictly a function between the applicant and the company. Nary: Thank you. Meridian City Council Meeting August 6, 2002 Page 6 of 77 Corrie: Any further questions? Okay. Thank you, Chief. Any discussion? Hearing none, I'll entertain a motion on the request for the City Police. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I'd move the approval of this Subscriber Agreement with the City of Meridian Public Safety Testing dot com for the terms as described in the contract that have been presented, including Exhibit A and, as well for the Mayor to sign and the Clerk to attest for the three-year contract. Bird: Second. Corrie: Okay. Motion has been made and seconded. Any further discussion? Hearing none, roll-call vote, please. Roll call vote: McCandless, aye; Nary, aye; DeWeerd, aye; Bird, aye. Corrie: Okay. All ayes. Motion carried. MOTION CARRIED: ALL AYES 2. Public Works Department - Brad Watson A. 1-84 Sewer Crossing Project Latecomer Agreement - G.L. Voigt: Corrie: Public Works. Brad Watson. Watson: Thank you, Mr. Mayor, and Council Members. The first item under Department Reports is a Latecomer Agreement with G.L. Voigt Development Company for a sewer line they constructed two, three years ago across Interstate 84. It ended up serving the Resolution Sub and it also serves another benefit area. I'm not sure that this needed to be on -- under Department Reports, it probably could have been taken care of under Consent Agenda. The only point of interest is that this agreement reflects the discussion that you and I had over the Silverstone Latecomers Agreement, which includes adding a 10 percent city administrative fee, rather deducting it from the latecomer payments. If there are any questions, I would be happy to answer those. Corrie: Okay. Any questions of Council? Okay. All right. That being the case, I will entertain a motion on the Project Latecomer Agreement on the 1-84 Sewer Crossing, G.L. Voigt. Bird: Mr. Mayor? Meridian City Council Meeting Augus16,2002 Page 7 of 77 Corrie: Mr. Bird. Bird: I move that we approve the 1-84 Sewer Crossing Project Latecomer Agreement for G.L. Voigt Company and for the Mayor to sign and the Clerk to attest. McCandless: Second. Corrie: Okay. Motion has been made and seconded. Any further discussion? Roll call vote, please. Roll call vote: McCandless, aye; Nary, aye; DeWeerd, aye; Bird, aye. Corrie: Okay. Motion carried. MOTION CARRIED: ALL AYES B. Five Mile Sewer Trunk Extension Latecomer Agreement - Sundance Development Company (Silverstone): Watson: Thank you. The second item under Department Reports is a Latecomers Agreement with Sundance Development Company for the Five Mile Sewer Trunk extension by Silverstone -- or to Silverstone Subdivision. I did not receive a signed copy of that agreement as of 5:00 today, so I would request that it be tabled to August 2yth. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I would move that we table the Five Mile Sewer Trunk Extension Latecomers Agreement with Sundance Development Company, Silverstone Project, until August 2yth. McCandless: Second. Corrie: Okay. Motion has been made and seconded. Any further discussion? Hearing none, all in favor of the motion say aye. Opposed no? Motion carried. MOTION CARRIED: ALL AYES. Item 5: (Items Moved from Consent Agenda) D. Tabled from July 2, 2002: Findings of Facts and Conclusions of Law: AZ 02-005 Request for annexation and zoning of 196.20 acres from RT to R-4 zones for proposed Tuscany Lakes Meridian City Council Meeling August6,2002 Page 8 of 77 Subdivision by Gem Park II Partnership - west of South Eagle Road and south of East Victory Road: E. Tabled from July 2, 2002: Findings of Facts and Conclusions of Law: PP 02-006 Request for Preliminary Plat approval of 455 single-family Jots, 38 common lots and 1 other lot on 190.47 acres in a proposed R-4 zone for proposed Tuscany Lakes Subdivision by Gem Park II Partnership - west of South Eagle Road and south of East Victory Road: F. Tabled from July 2, 2002: Findings of Facts and Conclusions of Law: CUP 02-006 Request for a Conditional Use Permit for a Planned Unit Development consisting of 353 buildable lots and 31 common lots on 138.88 acres for proposed Tuscany Lakes Subdivision by Gem Park II Partnership - west of South Eagle Road and south of East Victory Road: Corrie: Okay. The next item is the items removed from the Consent Agenda. We have 0, E, and F. Who took that one off? Keith, did you want to have all three at one time? Bird: It was Tammy's-- Corrie: Do you want to discuss them one at a time or all three at one time or-- De Weerd: All three at one time. Corrie: Okay. De Weerd: Mr. Mayor, the applicant has sent a letter regarding the finding and so I thought it would be appropriate to discuss the issues and to see if we want to change anything. Corrie: Okay. Let's hear from the staff first on the comments. Brad? Hawkins-Clark: Thank you, Mr. Mayor, Members of the Council. Staff has reviewed the July 25th letter from Kent Brown at Briggs Engineering. The first item there -- actually, I guess the first two have to do with the Ada County Highway District comments. Since those are incorporated into our findings, essentially this is making our findings compliant with what the final ACHD report was. That they do have that 10 foot wide pathway just on one side of their entry off of Locust Grove, if you recall, on the north of their main collector there. That's what that Item 16 on the first page has to do with. We did submit a Position Statement on the Item 17 that has to do with the height of some houses adjacent to this -- or houses within this on Lots 32, 33, and 34, so there are three lots involved and the request there is to change it from a 20 foot maximum height from zero grade to a 25. We are concurrent with that in our Position Statement. Then the last -- the fourth item there on Kent Brown's July 25th letter is regarding the new water mains Meridian City Council Meeting August 6, 2002 Page 9 of 77 and there was a Position Statement from Bruce Freckleton, the Public Works Department that concurs with that. Generally, I think staff's in concurrence with our two position statements. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: On the height issue, what was the testimony about that? When the residents left did, they think it was going to be 20 feet? Was P&Z -- was that their recommendation? How are we changing it from 20 to 25 or what are staff's feelings on that? Hawkins-Clark: Commissioner de Weerd, our feeling is tied to the Building Official's comments about the average height of a standard single-family detached house. According to Daunt Whitman, those -- you know, 25 foot is a -- would certainly be a maximum, but there are many single-story houses that have that as a height from existing grade to -- you know, to a peak. That's -- somewhere that was derived from. I'm sorry, I did not check to see if the 20-foot was specifically discussed. Certainly, it has -- it has been in there since the original Tuscany. If a neighbor or property owner, you know, read the staff report, that five foot would be a change. De Weerd: Yes and I guess that would be my concern. Corrie: Okay. Any other questions for staff? Mr. Brown, are you here? I know you're here. I talked to you earlier. Name? Brown: Kent Brown. Business address 1800 West Overland, Boise, Idaho. Just -- the discussion about the building height came up specifically -- from P&Z it was a recommendation that it be a single level. Then at the City Council you were the ones that had the problem with, you know, what does that really mean. There was discussion from the attorney as to we really need to be specific on this and an arbitrary height was picked at 20 feet at that point. In speaking with the Building Official after that, they said 25. I think the critical part that you guys would be most interested in is that it's not talking about having any windows other than the ones that are on the lower level and nothing that can peer down and that language is still the same. What we are looking at is just it gives us a little higher pitch on the -- with a 6/12 pitch roof, that we have that height. That's I think the biggest part of that difference. We did go back and we previously discussed with the Highway District and got them to adopt the pathway. That's the only other really change that's taken place and asking you to adopt those plans. Bird: Mr. Mayor? Corrie: Mr. Bird. Meridian City Council Meeting August6,2002 Page 10 of 77 Bird: I'm in agreement with Mr. Brown, because you get things on 20 feet, it's an awful flat roof. De Weerd: And you're not going to have any-- Bird: And you're not going to have any ceiling in the house. Twenty-five is going to give you a real steep, but it should do the job. Might get a 1/12 pitch if you got a nine foot ceiling in there -- Brown: A lot of that had to do -- to just clarify, you take the 6/12 pitch and taking an average width of the house and then putting a 6/12 on there, you exceed that 20 foot height, just taking an average width of the house. That's where that was derived. I think you have the protection with the wordings that Mr. Nary put on that condition with regards to the windows. De Weerd: Oh, he came up with the 20? Nary: Well, Mr. Mayor? Corrie: Mr. Nary. Nary: And I would agree with Mr. Brown. Probably the 25 does make more sense. There is -- I don't know how many affected people there are in this area. Brown: There was one. Nary: Yes. Mr. Brown, I recall we had a circumstance that happened in the City of Boise where a person built his house consistent with the height requirement of the house next door. I think it was Boise at that time, but since we won't have -- we shouldn't have a problem that all these houses are going to be built, you know, at approximately the same time and all be under the same restriction, that shouldn't happen. I think that the first floor -- I think I got the impression, Mr. Brown that I think when people left that was what they wanted. You know, no windows, not facing their house, their homes, that kind of thing. '1 think -- I think 25 makes sense and I don't see it as a change that-- De Weerd: No and since P&Z didn't mention a height, they mentioned a story, that's fine. Corrie: Okay. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. Meridian City Council Meeting August 6, 2002 Page 11 of 77 De Weerd: I move that we approved the Findings of Facts and Conclusions of Law on the request for annexation and zoning of 196.2 acres from RT to R-4 for the proposed Tuscany Lakes Subdivision and have the Mayor sign and the Clerk to attest. Bird: Second. Corrie: Okay. Motion has been made and seconded. Any discussion? De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: And that would include the comments from the applicant on the Findings where appropriate. Bird: Second agrees. Corrie: Okay. Any further discussion? McCandless: Mr. Mayor? Corrie: Mrs. McCandless. McCandless: Since originally, I voted against this project, but it still went through, I see no reason to continue in my no vote. I just wanted to say that's why I'm going to vote aye on this. Corrie: As the school kids would say, it's the principle of the thing. McCandless: The principle of the thing. You bet. Corrie: Any other discussion? Okay. Roll call vote, please. Roll call vote: McCandless, aye; Nary, aye; DeWeerd, aye; Bird, aye. Corrie: Okay. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Corrie: Mrs. de Weerd. De Weerd: Mr. Mayor, I move that we approve the Findings of Facts and Conclusions of Law on the request for Preliminary Plat for 455 single family lots, 38 common lots, and one other lot on 190.47 acres in the proposed R-4 zone of Tuscany Lakes Subdivision. Ask the Mayor to sign and the Clerk to attest and to incorporate the comments from the applicant into the findings. ! Meridian City Council Meeting August 6, 2002 Page 12 of 77 Bird: Second. Corrie: Motion has been made and seconded. Any other discussion? Hearing none, roll call vote, please. Roll call vote: McCandless, aye; Nary, aye; DeWeerd, aye; Bird, aye. Corrie: Okay. All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I move we approve the Findings of Facts and Conclusions of Law for the request for a Conditional Use Permit for a Planned Unit Development consisting of 353 buildable lots and 31 common lots on 138.88 acres for the proposed Tuscany Lakes Subdivision. To incorporate the comments from the applicant into the Findings as noted and ask the Mayor to sign and the Clerk to attest. Bird: Second. Corrie: Okay. Motion has been made and seconded. Any further discussion? Excuse me. Roll call vote, please. Roll call vote: McCandless, aye; Nary, aye; DeWeerd, aye; Bird, aye. Corrie: All ayes. Motion carried. MOTION CARRIED: ALL AYES. M. Order Granting Appeal: AP 01-00 Stop Work Order at 2340 West Franklin Road by Walt Morrow: Corrie: The next item is M, Order Granting Appeal Stop Work Order on Franklin Road by Walt Morrow. Mr. Bird. Bird: No. Mr. Nichols. Corrie: Mr. Nichols. Nichols: Mr. Mayor, Members of the Council, I asked this to be pulled, because the applicant or the appellant, I should say, noted some items in our draft findings. There were some typos where east should have been west with regard to Franklin Road and Meridian City Council Meeling Augusl6,2002 Page 13 of 77 we will fix those. The other had to do with the condition, which had been in a previous draft of the order regarding a Conditional Use Permit on any other uses beyond the storage and the calving. Going back through and looking at the minutes, that was not part of the motion to include that condition in the order. We didn't have -- I think we just got the minutes here just recently, so -- so that would be paragraph two of the order, which had read that any change or enlargement of a use would require a Conditional Use Permit will be stricken. It does still limit the use of the property to storage and a loafing area for cattle. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: Was that not in the original documents, though, and the discussion? I guess I can't -- Nichols: Councilwoman de Weerd, Mayor, Members of the Council, there was a lot of discussion about it. Basically, it was talked about as being deferred until such time as the issue comes up. Mr. Morrow's contention was that if his proposed use is a use that's allowed in the zone, that he would have to comply with whatever Building Codes are required for that specific use of the building at the time. That he would not need a zoning approval for the use if it were an outright allowed use in an industrial zone. That's what's reflected in the minutes. If you want, we can defer the issue and you can review the minutes. De Weerd: Mr. Mayor, I guess, you know, it wasn't specifically talked about, but it appears this -- in recall I thought that was in the documents originally anyway. I would like to look back at -- you know, on one hand you want a nonconforming use and on the other hand he wants to be able to do what is allowed in the zoned use, so he wants his cake and eat it, too. I think you either want it one way or you should have it the other. So -- and that wasn't specifically addressed in the discussion, but it was in the documents that we had in front of us in our original motion I thought. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: And I have no objection if we want to set it over so we can review the minutes. My recollection is that what I think Mr. Morrow said was essentially if he was going to change the use to be a conforming use, then he didn't need to get a Conditional Use Permit to do that. That as long as it was going to be something that would be allowed so that change from the non-conforming to a conforming use, it's pointless, then, to have to come back for a Conditional Use Permit at that point. De Weerd: But he should have to do a Conditional Use Permit to do a non-conforming use. Meridian City Council Meeting Augus16,2002 Page 14 of 77 Nary: Well, he can't change to a nonconforming -- another nonconforming use. Corrie: Is that zoned industrial? Nary: It's zoned industrial now. Corrie: And he has a grandfather clause, is that right? Nary: Yes. Corrie: Okay. So he has -- yes, he can do what he wants as long as it's industry, but nothing else -- Bird: That's what this states right here. Corrie: I just -- Nary: But if you would feel more comfortable reviewing the minutes, fine, it doesn't matter. That was my recollection that he was simply saying that -- this says on any change of use you will have to get a Conditional Use Permit. To him it didn't make sense if he did decide to change it to something that was a conforming use and allowed within the zone, a strict reading of this would say he still has to get a Conditional Use Permit anyway and that doesn't make any sense. Bird: Don't make any sense. Nary: But, you know, we can certainly set this -- this has gone on for nine months and it doesn't matter if we set it over. De Weerd: It seems like he's building already. He didn't wait for this document anyway. Nary: Well, if you want to wait until we can review it, that's fine with me. I don't care. De Weerd: Yes. If we could do that. Mr. Mayor, I would then move that we table this item to August 20,2002. Nary: I'll second. Corrie: Okay. Motion has been made and seconded to table to August the 20th meeting. Yes. Okay. Any further discussion? All those in favor of the motion say aye. Opposed no? Okay. All ayes. It will be tabled to the 20th. MOTION CARRIED: ALL AYES. Meridian City Council Meeting August 6, 2002 Page 15 of 77 R. Agreement for Professional Services Addendum No.1 - White Drain Sewer Trunk Project, Keller Associates: Corrie: The next is R, which is the Agreement for Professional SeNices Agenda Number 1 for White Drain Sewer Trunk Project, Keller Associates. Is that the one that Keith had? Bird: That's the one I had. Corrie: Okay. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: Mr. Watson? Watson: Yes. Bird: I have no doubt that this is legitimate and everything, but we are getting up to 20 percent engineering fees on a project? That is -- to me it seems like, you know, 1/51h of your project going to engineering fees? It seems a little steep when most of our other ones I went back and tracked have been running in the 11 to 14 percent and none of them have been sewer trunks, Brad, so I don't know. Watson: Councilman Bird, Mayor, and Council Members, on the last page of the attachment, the original agreement amount with Keller was 137,000. Our original construction estimate on this was 1.4 and, as you know, we had quite a bit of competition on the award of that bid. The second low bidder was I think about 1.1 million. I don't know, that's kind of neither here nor there. Typically, these sewer trunk projects that we have been doing, the Five Mile Relief Line, the engineering is much less, but we don't really have to secure easements through undeveloped ground on those. The real -- the amount of effort extended on this to not only procure the easements, but to redesign to conform to all these subdivisions that are going in has been huge. There are areas of this trunk that have been redesigned probably four or five times to cooperate with several developers and we -- Keller is very cautious about this and I'm conscious of it. We try to do as much as we can in-house to negotiate some of these easements and take care of some of the administrative work that -- just so we don't run up the bill, but I don't know if that answers your question, but-- Bird: Okay. I have got one other question, Brad, and it's probably more of a statement than a -- are they -- are they doing the actual going out and purchasing the easements from the landowners? Watson: Councilman Bird, when the project began Keller was charged with making the initial property owner contact and negotiating with them. As the project evolved and Meridian City Council Meeting August 6, 2002 Page 16 of 77 more developers purchased property throughout the alignment, that sort of drug the Public Works and specifically me into it to be the go-between, because Keller didn't know what was going on, on the development side. I had to be the go-between quite a bit. Yes, they were charged with procuring the easements and negotiating for donation of easement and, as you well know, that hasn't occurred in all instances. I -- they didn't do it all. Bird: Brad, what do you think on another project that -- of this type that -- would it not be better to get easement people, like real estate people, to go out and purchase it, other than engineers? Watson: Councilman Bird, I think that's an excellent idea and we know of at least one other firm that has the personnel on staff that does this professionally. There are some other right of way agents, that's all they do, that we have made contact with. They are offering their services so J think we engineers have learned a lot on this project about easements. Bird: So has the Council and the Mayor. Corrie: Yes. Bird: That's alii have. Mr. Mayor? Corrie: Mr. Bird. Bird: I move that we enter into an agreement for the Professional Service Addendum Number 1 on the White Drain Sewer Trunk Project with Keller Associates and for the Mayor to sign and the Clerk to attest. McCandless: Second. Corrie: Okay. Any further discussion? Hearing none, roll call vote, please. Roll call vote: McCandless, aye; Nary, aye; DeWeerd, aye; Bird, aye. Corrie: All ayes. Motion carried. MOTION CARRIED: ALL AYES. W: W.H. Moore Consent to Annexation Agreement: Corrie: The last item is W, W.H. Moore Consent to Annex Agreement. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. Meridian City Council Meeting August 6, 2002 Page 17 of 77 De Weerd: I asked that that be pulled. I had a couple of questions on the agreement and that was just more technical. If I was reading it literally or correctly, but that we will supply water and sewer to 68 acres, of which W.H. Moore has title and ownership and then effective, when both parties have executed this agreement, that obligates us to providing the services at the time. You know, I don't know legalese, but the way it was written I could have read it by when this is executed we better have those services up there and so I guess I would like an opinion on why it was written that way and if that would, indeed, make us liable or obligated at that time when we know it can't be done. Corrie: Mr. Nichols? Nichols: Mr. Mayor, Members of the Council, we used this agreement before with other landowners and so we just adapted it to this particular one. Perhaps I misconstrued what the motion of the Council was. He asked if -- my recollection is he asked for a will- serve letter and that he was willing to extend the service -- well, I think the services are there at least on the waterside and wHl be there soon on the sewer side through the South Slough extension. We can certainly revise this page to say when available. When readily available. That's on the second page. Corrie: Okay. All right. Mr. Nary. Nary: I'm wondering, too. [didn't notice this either, but I think Council Member de Weerd brings up a good point. I think didn't we have the same issue with Woodbridge that we had intended -- that they -- the will-serve letter was intended to be when available and eventually that became a contentious issue. We eventually had to extend the line out there sooner than we anticipated. Now was that -- is my recollection hazy about that? Because that's what I thought was essentially the same issue that Councilwoman de Weerd is bringing up is what happened with another project, that we ended up having this extended a little sooner than we thought we would, because they were saying we committed to doing this. Is that -- am I in the wrong ballpark on that? I think there was an issue about water pressure with Woodbridge. There was an issue about getting the line there extended and they were willing to actually pay for some of it. We -- the city ended up doing it, but partly because we had made this commitment like this and I think the intent was when we were able to, but the language didn't reflect that very clearly, so we just went ahead and did it. I think Council Member de Weerd's recollection is what the discussion has been all along. It was meant to be when we are able to do that, not next week, but as soon as possible or as reasonable a possible. Gary, do you recall what I'm talking about with Woodbridge? Smith: Councilman Nary, Mayor, and Council, it's a little bit hazy, but I think that our staff recommendation for approval of Woodbridge, at least Phase 2, was to -- for the developer to provide that extension to connect the subdivision. The decision that came out of Council was for the city to do that as part of our need to supply necessary pressures there for fire flow and so forth. I don't know. As] said, I'm a little bit hazy on my memory with that particular issue and comparing it to this, I'm not sure, but we do -- MeridIan CIty Council Meeling August6,2002 Page 18 of 77 as Mr. Nichols stated, we do have water service along the frontage of -- along the Ustick Road frontage of Winston Moore's property right now. We will be beginning the South Slough sewer extension no later than the first part of -- or November 1 st. I think it has a six-month construction schedule. We should be there completed by May the 1st. I don't think that, in all reality, Mr. Moore will be able to do anything as far as his project is concerned within that time schedule. The good lord willing and the creeks don't rise, we will be there and be able to serve the property. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Maybe I don't know if it will matter with this agreement. I think the intention of the agreement is that you certainly can have a developer saying, well, I'm losing my financing. I'm spending more money on this, and you have agreed to provide it. It's six months away or it's a year away and we all knew it. We all talked about it, but our agreement doesn't say it. I don't think it's a concern, probably, maybe with Mr. Moore, but maybe just from a language standpoint in the future we are probably going to have to tighten it just to protect ourselves, so someone else doesn't say they lost some business opportunity because we weren't ready to provide the service right away. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: All this is is a letter of service when sewer and water is there. The water is already there. I don't -- and I think, like Mr. Nichols said, we have had these before and the deal with Woodbridge is -- I don't think is on the same line. I don't see any problem with it. When we have it there, it will be there, and it's in the works being there. Now if we didn't have a plan and we wasn't going to be doing it, it might be something else. We probably wouldn't want to enter into an agreement. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: We know what it is and we know what it means and says, but of late it seems like everything that's written seems to be challenged and kind of twisted. I just -- that's why I started reading things word by word to see what it really does say and not what it should imply. That was my primary concern. I guess a second question would be if we -- we have committed to helping plan an annexation route to this piece of property. If we can get that annexation route before the services are -- before the services are there, can we go through annexation at the same time and have this application in the city? You know, does this encourage that or discourage that? 1'm just trying to look at all the T's and l's and make sure they are dotted and crossed. ( Meridian City Council Meeling August6,2002 Page 19 of 77 Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: At least on this project, because, again, I don't think there is a concern with Mr. Moore. Maybe -- I see Mr. Seel's here. If we can at least make it clear on this particular agreement, that Mr. Moore recognizes that we don't have the services there today and that's not going to be a hindrance to him. At least on this one we can do that and I saw Mr. Nichols nodding his head, we can get that language a little cleaner so that we are clear in the future ones, I think that would be adequate. Then at least we have it on the record. I don't want to put you on the spot. Seel: I'm fine. Nary: As long as they are willing to put that on the record that Mr. Moore does recognize that we don't have the sewer service there and, you know, it's anticipated that it would be another six to eight months, that -- Seel: Jonathan Seel, W.H. Moore Company, 600 North Steelhead. Yes. To clarify, Mr. Moore's intention is when sewer and water is available. We know water is available. When sewer is available that we can connect to it at that time so there is no expectation at this point that when we signed this letter that the city is obligated to do that. With respect to the path to annexation -- and we mentioned this before to some people -- we are very interested in a path to annexation. If there is a point available, our preference is to go that way. However, right now what the county has said, before they would even process our application, if we go that route, we have to have a will-serve letter. That's kind of the genesis behind it to say, but if you want to change the language that states that way, I know Mr. Moore will be very comfortable with that. That's his intention and he would say that's -- Corrie: I think it questions what ifs, but that's not what we are after. Just the one question. Has Winston or have you started the procedure with the changing of the area of impact with the Boise City Council? Seel: Yes. Corrie: It has to start with them on yours. Seel: Yes. Just to answer that, I talked to the Ada County on this. I have talked to Will Berg and also to Gary Smith and as was explained to me -- and I have been through this process before. The first step is what's referred to as a renegotiation meeting and apparently you're going to have one here in the near term. At that, you get together with Ada County, basically, and say, yes, we are in agreement. Meridian can have this land, we are in agreement, and then we go through what is, as I understand, is more the formal approval process. That's the very first step and I, in fact, did talk to Willi think yesterday. I asked him when that was and he said, well, we are not sure when that's Meridian City Council Meeting August 6, 2002 Page 20 of 77 going to be scheduled, but when it is I will let you know. Again, we are ready to go forward on that at the appropriate time, but that's the first step. Corrie: Thank you. Any other questions. Mr. Nichols. Nichols: Mr. Mayor, Members of the Council, if you wish, we can have a revised agreement out this week and off to Mr. Moore or you can leave it as is. He's made the one change on the first page in terms of commercial development versus Business Park, which I don't think is a substantive change at all. However you wish to do it, we are ready to go. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I'll throw this out. I move that we approve the Consent to Annex Agreement or serve -- the will-serve letter with the W.H. Moore Company. Nary: Second. Corrie: Okay. Any other discussion? Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I was going to say Mr. Seel's statement on record is enough. I don't think we need to do an amended agreement. I think that's adequate for this one. We will just clean up the language on the next one and that will be fine. Corrie: Okay. Any other comments? Roll call vote, Mrs. Clerk. Roll call vote: McCandless, aye; Nary, aye; DeWeerd, aye; Bird, aye. Corrie: All ayes. Annexation is approved. MOTION CARRIED: ALL AYES. Item 6: Resolution No. : Adopting the Comprehensive Plan: Corrie: Now we are on Item Number 6. A resolution. I have got it here. Resolution Number 02-382. This is adopting the Comprehensive Plan. Discussion? De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. Meridian City Council Meeting August 6, 2002 Page 21 of 77 De Weerd: I guess one of the issues when we passed on this was to clean up the language on the USPA and I would like to know if there has been any progress or activity towards that. It certainly shouldn't hang up this resolution, but I thought it would probably be an appropriate time to ask. Hawkins-Clark: Mr. Mayor, Members of the Council, Councilwoman de Weerd, there has been contact with BCA, Ada County Association of Realtors, and Mr. Larry Durkin on getting together. They are prepared to do so. We actually have not set a date, but we can -- you know, they are prepared to meet. There was a couple of vacation issues going on, but everybody is back now, so we can move ahead on -- our understanding was that it's just basically layout the issues and the concerns that were addressed in the Public Hearing during the Comprehensive Plan on the urban service area and particularly using Public Work's letter regarding, you know, services outside of the city limits as kind of a base point. To kind of set the agenda off of that and it will basically just be a -- kind of a working meeting between staff and those three contacts I just mention, so -- De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: Then, Brad, will you be taking the lead role in this, the P&Z Department, or Public Works? I just want to make sure that someone is responsible for making this happen in a timely manner. I don't want this to drag on as long as that Comprehensive Plan did. You know, I would prefer to have it resolved by the time we get it to the County. I hope that doesn't give you a whole lot of time, but you never know. Hawkins-Clark: Understood. Yes. The text of the Comprehensive Plan can be amended at anytime. You know, we are not restricted to the six-month issue, so we are certainly ready to move ahead. We -- I took the initial role to contact them. Frankly, we waited until this resolution was done, thinking it was kind of the way we wanted to go, but we can move ahead and set that meeting soon. De Weerd: Well, I would like to see that done, so when we do take this to the County we have that language in hand. That's just for the matter that that language concerned me on what decisions are made at the county level on some of the language in our Comprehensive Plan. It would be nice if we could bring that at the same time. Hawkins-Clark: If I could ask is there other parties that the Council would like to be involved in the discussion or would a Council representative like to be involved in the meeting? Nary: Mr. Mayor? Corrie: Mr. Nary. Meridian City Council Meeling August6,2002 Page 22 of 77 Nary: I didn't hear Public Works as a part of that and I assume they would need to be a part of that discussion as well. Hawkins-Clark: Yes. Right. De Weerd: Well, I would be more than happy to, but I think it would be more appropriate that our full-time Mayor is. Corrie: Task well taken. We will do it. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I have one other comment, too, that I probably should have said the night that we approved the plan before we got to this resolution. I did want to thank the Planning staff, especially Brad and Steve, for all the work that went into it. This is a tremendous project and it's a great thing for the city. Brad, you did a ton of work on it and so did Steve. I know it was rewriting all that text over and over and over again and Steve in re- coloring the map 45 different times. That's a lot of work and we didn't say thank you for all that time and effort that you spent as well, so I just wanted to thank you. Hawkins-Clark: Thank you. De Weerd: Ditto. Nary: Same McCandless: Same. Corrie: Okay. You want to go ahead? Nary: Mr. Mayor, I will move that we approve Resolution 02-382, adopting the Comprehensive Plan for the City of Meridian. De Weerd: Second. Corrie: Okay. Let me back up just a second. Is there anybody in the public that would like to have the Resolution Number 02-382 read in its entirety? Thank you. I know we haven't read the title, but we need to do that, so if you will read the resolution by title only. I was just kind of jumping ahead to see if there was anybody out there that wanted it. Thank you. s. Smith: See how much reading we are doing tonight? Meridian Cily Council Meeting August 6, 2002 Page 23 of 77 Corrie: Yes. S.Smith: Resolution 02-382. Resolution of the Mayor and City Council of the City of Meridian to provide for findings and to establish the Meridian Comprehensive Plan for the City of Meridian and providing for the following chapters. Introduction. What is Meridian's history and what does the future hold. How was the plan put together? Who lives in Meridian and what do they do? What are the physical and cultural features of Meridian? What services are provided in Meridian? How was the land in Meridian developed? How to make this plan a reality. References to provide that to the Comprehensive Plan. Shall be the official policy guide for decisions concerning the physical development of the community. To provide for goals, objectives, and action within the plan based on six key community values. To provide for private property rights and providing an effective date. Corrie: Okay. You have heard the reading of the resolution by title only. ['II ask the question one more time. Is there anyone from the public that would like to hear it in its entirety? Hearing none, we had a motion and second. Any further discussion? Okay. Roll call vote, please. Roll call vote: McCandless, aye; Nary, aye; DeWeerd, aye; Bird, aye. Corrie: All ayes. The plan has been adopted. We will move foreword. MOTION CARRIED: ALL AYES Item 7: Continued Public Hearing from July 2, 2002: Proposed Comprehensive Parks and Recreation System and Action Plan: Corrie: Item 7 has been requested to be continued to September 10 of 2002. This was Mr. Bird's request from a request from the Parks and so, Mr. Bird I will entertain a motion to do that. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I move that we continue the Comprehensive Parks and Recreation System Action Plan until September 10,2002. Nary: Second. De Weerd: Second. Corrie: Motion has been made and seconded. Any further discussion? Hearing none, all those in favor of the motion say aye. All ayes. Motion carried. Meridian City Council Meeting August 6, 2002 Page 24 of 77 MOTION CARRIED: ALL AYES Item 8: Ordinance No. AZ 01-008 Request for annexation and zoning of 12.71 acres from R1 and RUT to C-G and R-40 zones for proposed Baltic Place Subdivision by L.C. Development, Inc. - Franklin Road west of Locust Grove Road: Corrie: Item 8 is an Ordinance Number 02-968. This is a request for annexation and zoning of 12.71 acres from R-1 to RUT to C-G and R-40 zones for proposed Baltic Place Subdivision by L.C. Development Corporation. At this time I will ask the Clerk to read Ordinance Number 02-968 by title only. S. Smith: Thank you, Mayor, and Members of the Council. City of Meridian Ordinance Number 02-968. An ordinance finding that certain land to be known as Baltic Place Subdivision, the location of which lies contiguous -- do we have the wrong one here? No. That's right. Excuse me. Which lies contiguous or adjacent to the city limits of the City of Meridian, County of Ada, State of Idaho and finding that the owner has made a request for annexation in writing to the Council. That said land be annexed into the City of Meridian and zoning designated High Density Residential District (R-40) and General Retail and Service Commercial District, (C-G) 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 area 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. Is there anyone from the audience that would like to have Ordinance Number 02-968 read in its entirety? Hearing none, Council, I'll entertain a motion on the request for annexation and zoning. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I move that we approve Ordinance Number 02-968, request for annexation and zoning of 12.71 acres from R-1 to RUT and RUT to C-G and R-40 zones for proposed Baltic Place Subdivision by L.C. Development, Inc., and to have the Mayor sign and the Clerk to attest, with suspension of rules. Bird: Second. Corrie: Motion has been made and seconded. Any further discussion? Hearing none, roll call vote, Mrs. Clerk. ( Meridian City Council Meeting August 6, 2002 Page 25 of 77 Roll call vote: McCandless, aye; Nary, aye; DeWeerd, aye; Bird, aye. Corrie: Okay. All ayes. Motion is carried. MOTION CARRIED: ALL AYES Item 9: Ordinance No. AZ 02-008 Request for annexation and zoning of 5 acres from RUT to L-O zones for the proposed LDS Stake Center by Lombard Conrad Architects - 2515 W. Ustick Road: Corrie: Item Number 9 is Ordinance Number 02-969. This is a request for annexation and zoning of five acres from RUT to L-O zones for the proposed LOS Stake Center by Lombard Conrad Architects, 2515 West Ustick Road. At this time I would like to have, the City Clerk read Ordinance Number 02-969 by title only, please. S. Smith: Thank you, Mayor. Ordinance of the City of Meridian Number 02-969. An ordinance finding that certain land to be known as the LOS Stake Center located 2515 West Ustick Road and which lies contiguous or adjacent to the city limits of the City of Meridian, County of Ada, State of Idaho. Finding that The Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter-Day Saints, the owner, has made a request for annexation in writing to the Council. That said land be annexed to the City of Meridian and zoning designated Limited Office District (L-O) 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. Directing the Clerk of the City of Meridian to file a certified copy of the ordinance and map of the area 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 02-969. Is there anyone from the audience that would like to have it read in its entirety? Hearing none, I'll entertain a motion on the ordinance for the request for annexation for the LOS Stake Center. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I move we approve Ordinance Number 02-969, request annexation and zoning of five acres from RUT to L-Q zones for the proposed LOS Stake Center by Lombard Conrad Architects and ask the Mayor to sign and the Clerk to attest, with suspension of rules pursuant to state code. Bird: Second. Meridian City Council Meeting August 6, 2002 Page 26 of 77 Corrie: Motion has been made and seconded to approve Ordinance Number 02-969. Any further discussion? Hearing none, roll call vote, Mrs. Clerk. Roll call vote: McCandless, aye; Nary, aye; DeWeerd, aye; Bird, aye. Corrie: Okay. All ayes. Motion for the ordinance is approved. MOTION CARRIED: ALL AYES Item 10: V AR 02-009 Request for a Variance from the required number of parking spaces for the Cole Valley Christian School by Jeffrey L. King - 200 East Carlton Avenue: Application withdrawn by Applicant - refund requested Corrie: Item Number 10 is a Variance -- a request for Variance from the required number of parking spaces for Cole Valley Christian School by Jeffrey L. King, 200 East Carlton Avenue. The application withdrawn by applicant and refund requested. Council, you have a letter here of the request to retract the Variance and have a refund requested back. Any discussion? De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: Since it was part of our discussion at the Public Hearing on July 2nd, I don't see that there is really a problem not visiting the Variance request until a time when it is needed and that we should refund the application, because it's not a requirement -- or it's not an issue at this time. I guess if there is no further discussion, I would -- Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I just had a question, because I guess I propose this a lot of times as well, but what I'm curious is most of the time that we have done this and refunding it is because there is either a misreading of an ordinance or a direction given to somebody to apply for something maybe they didn't have to have. Here -- I guess maybe I just don't remember the discussion well enough to know, but here this is a situation where somebody applied for something and they decided they didn't need it. It wasn't that we told them they had to do something, it's that they decided they didn't need it. Now is that my poor recollection of -- because if somebody changes their mind in the middle of it and we have done all the staff work, which is what the fee is to cover, then I guess I'm not really in favor of giving back the fee. I just don't recall specifically what the reason for the withdrawal is and maybe Brad can help me with that. Nichols: Mr. Mayor? Meridian City Council Meeting Augus16,2002 Page 27 of 77 Corrie: Mr. Nichols. Nichols: Mr. Mayor, Members of the Council, I think the reason for the Variance request was if they were going to build the gym, then they were going to need additional parking spaces and they wouldn't have enough room for those. That's why they asked for a Variance but they are not building the gym at this time, as J understand their plan, so they have to come back in and get a Certificate of Zoning Compliance if they wanted to build the gym. At that time, then, the parking would have to be addressed. Nary: So they will have to pay it later if they want to come back in anyway, so -- Okay. That's fine. Corrie: Any other discussion? Nary: No. Corrie: Okay. I will entertain a motion for the request. Bird: Mr, Mayor? Corrie: Mr. Bird. Bird: I would move that we allow the application to be withdrawn by the applicant and refund the money to the Cole Valley Christian Church School, Variance on the number of parking spaces by Jeffrey L. King. Nary: Second. Corrie: Motion has been made and seconded to approve the request for withdrawal of the applicant and refund requested. Any further discussion? Hearing none, all those in favor say aye. Opposed no? All ayes. Motion carried. MOTION CARRIED: ALL AYES Item 11: FP 02-011 Request for Final Plat approval of 19 building lots and 3 other lots on 11.57 acres in an R-4 and C-N zone for Cherry Crossing Subdivision by Hawkins Companies - northwest corner of West Cherry Lane and North Under Road: Corrie: Item Number 11 is a request for Final Plat approval of 19 building lots and three other lots on 11.57 acres in R-4 and C-N zone for Cherry Crossing Subdivision by Hopkins Company. This is on the northwest corner of West Cherry Lane and North Under Road. Council -- excuse me. Staff comments. Hawkins-Clark: Thank you, Mr. Mayor, Members of the Council. The Council should have received a staff report dated July 25th from Bruce Freckleton and Steve Siddoway. ( Meridian City Council Meeting August6,2002 Page 28 of 77 We are asking that those conditions be referenced. We did also receive a response from CSHQA, the applicant's representative, dated August 1st, which you should have also had in your packets from a Jessica Aguilar. The general outline of the plat is here on the screen. As you may recall from the Preliminary Plat, there is an existing split zone here on this corner with C-N on these three commercial lots located right at the corner with single family detached housing along the north and along the west. The Final Plat request before you is to plat the entire acreage, the 11.57 acres. The next item on your agenda does have to do with a Non-Development Agreement request that pertains to the three commercial lots on the corner. I believe there are three or four items to just point out on that August 15t response from the applicant. The second page, requirement Number 14, does have to do with the non -- if the Non-Development Agreement is accepted, they are requesting that the perimeter landscaping on Cherry Lane and Under be held until the first commercial occupancy. Essentially, they are looking at not having perimeter landscaping here along Under Road, along the commercial, nor along Cherry until they come in with actual buildings and construction on these three commercial lots. There is, as you probably know, an existing house here approximately here on the property and the applicant is asking that that existing dwelling be able to remain in use until that specific Lot 1, Block 3, here is built upon. J think that's the only item of disagreement. Staff is recommending that since the landscape buffer on Under Road is 25 feet, it would actually -- and we are asking for that buffer to be constructed when the first commercial building is constructed, regardless of which one of these three it's built on, so that Under landscape buffer would -- you know. The building is going to be sitting in the buffer, so they are going to need to remove the house in order to construct the buffer. We are recommending that the house be removed upon the first commercial Building Permit. We -- staff is okay with that Item Number 14. On the Number 24 due to a clarification for their CC&R's, I think the applicant is concerned that these commercial lots not be in the same block as the residential, so that they are not misconstrued to be a part of the same CC&R's as the residential. They are asking for these to be a different block. They have shown them as Block 2, Block 3, Block 4 and I think we'd like to -- prefer to see all a single block, but it could be a different block than this residential component here, so residential is shown as Block 1. If this were all Block 2 as a commercial block, then that would probably be our preference, rather than showing three different block numbers. I believe that's the main two points on that. We would just ask for those two corrections from that July 251h staff memo. Stand for any questions. Corrie: Any questions from Council of staff? Okay. Thank you. Is the developer here this evening? Huffaker: My name is Brian Huffaker with Hawkins Companies, 8645 West Franklin Road in Boise. I appreciate you taking time to review this application. I know it's been a long time coming with many different applicants standing before you to get to this point. We are glad to bring some type of closure to this property here. We concur, basically, with the entire staff report as written, except for a couple items that Brad has brought up and we will try and clarify what our intent is with these three items. In our response letter of August 1st under the requirement Number 24 regarding the -- addressing the Meridian City Council Meeting Augus16,2002 Page 29 of 77 block and lots, we just were informed today by the County that they were denying our request for separating the commercial lots out with the different blocks. I don't think that's an issue anymore, because the County won't let us do that from their standpoint so that the current request in the staff report that those commercial lots be part of the same block as the residential will be so. Items Number 14 and Items Number 2 in our mind kind of go together as far as what we are trying to accomplish. It certainly would be our preference if we could, as Council Member de Weerd mentioned, if we could have our cake and eat it, too. It certainly would be our preference on the perimeter landscaping around the commercial lots to only do the portion of whatever commercial lot is being developed at the time in parcel by parcel. I have talked with the staff, I understand the concept that the city is trying to establish with some uniformity there and we don't mind doing that, even though it might be premature to come to the other lots, we understand what you are trying to accomplish there. That's why statement Number 14 we would agree to do the full perimeter at whatever the first commercial lot comes in. What our concern is with the house, which does sit at approximately in this location on Linder, is we feel that it is an existing use that's being utilized. It is generating income to offset the cost of the property. To prematurely remove that house and remove that use we feel is a burden to the owner in trying to financially secure the property and develop that. We don't feel that it really is a hindrance to the landscaping buffer at the time that it is put in. The house only encroaches in the 25-foot landscape requirement by about seven feet. The 25 feet of landscaping is not 100 percent plant material, there is a lot of grass and ground cover, which easily in that seven-foot area could be later improved with even bushes or sod or ground cover, whatever that might be. The trees that are on the original approved site plan could easily be placed outside of the perimeter of where that house might encroach that original 25 feet. I guess in requirement Number 4 we are okay with that, as long as that does not interfere with our building, our right to keep that house there along Linder. Other than that, we really don't have any other concerns with the report. The Non-Development Agreement has some time periods in there in which the landscape and the improvements on Phase 2 need to be completed, why do we have a commercial property come in or not, so that you do have some strings to bind us and to uphold us to perform. We'd ask that you would allow us to continue the use of that house until such time as that parcel is developed, which physically would require that house to be removed. Corrie: Any questions? Thank you. Huffaker: Thank you. Corrie: Okay. Council has heard the request for the Final Plat. Any discussion? De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: Was that house an item of discussion on the Preliminary Plat? Did anyone look at the minutes on what testimony was taken at that time on the -- Meridian City Council Meeting August 6, 2002 Page 30 of 77 Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: And I can only recall this item in Planning and Zoning, but my recollection is that the house was supposed to be removed. I don't think there was a discussion of leaving it there. I guess that was my only thought and that's what I had thought, but that was when it was Save-On and when Albertson's was coming in. That was prior to the Hawkins Company buying that property, but that's my only recollection was that was the prior developer. They were removing all of that, because they were going to build all of that, because I remember asking them are you going to do this, because they were closing some other stores. They assured us, oh, yes, they would be moving right onto it, and then they sold it. I think that was my only recollection of the discussion. That was a prior property owner, not with this property owner. They were supposed to remove it. Corrie: Hang on. It's not a Public Hearing, so who are you and -- Aguilar: If I may address the Council. I'm Jessica Aguilar with CSHQA, one of the developer's representatives. Corrie: Okay. Aguilar: And I can answer the question. Corrie: Okay. Aguilar: I'm with CSHQA. The address is 250 South 5th Street. During the Preliminary Plat process, that it was a different owner and it was the intent at that time to demo the house. That whole site was going to be demo'd at once, whereas in this case it is being developed in multiple phases with separate owners. Corrie: Okay. Thank you. Bird: I was just going to state I don't recall when it come before us, the Preliminary Plat, or anything, the house wasn't a big issue at all. I don't recall it leaving or staying, you know, when it was -- the landscaping and the buffer was the thing that was the most -- our staff was the most concerned over. J don't see any reason the house can't stay -- it's a nice looking house -- until they are ready to develop the thing and then they will move it out. Corrie: Anybody live there now? Bird: Yes, there is somebody living there. Corrie: Is somebody living there now? Okay. Meridian Cily Council MeeUng August6,2002 Page 31 of 77 Nary: The house that was on the corner is vacant it has already been removed. The other house -- the older house, there was one vacant there and then the one that's behind it is the one I think we are looking at De Weerd: The brick one. Bird: Yes. The brick one is the Nyborg's home. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I guess I don't have an Issue wIth the house, as long as, you know, that traditionally next to the house where the old one stood, is just usually a pile of weeds that, you know, I guess that could be the primary concern is that property be kept up. You know, if they landscape the berm area, I imagine they will keep up the landscaping on either side of it, because they will need to have to landscape that corner. I think it never was an issue, because the applicant who brought it through was going to take an active and immediate course of action, so it never was an item of discussion, since it was going to be a Save-On and a McDonald's. Nary: Right De Weerd: So it wasn't an issue at the time. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Maybe I'm unclear as to the language. It appears to me on this issue about the house, the language in the staff report, Brad, simply just says they are going to have to remove the house before they develop the property, which we do -- I think we all agree on that. Hawkins-Clark: Phase 2. Nary: Right. Are you concerned because it's all one block now, that once they start developing any portion of that lot, like the -- what now is defined as Block 4, but now it's all going to be Block 1, when they develop that, that they are going to have to tear the house out at that point? Because of the -- all of it being one block? I guess I'm unclear as to what the change is we would be asking for, if you want us to leave the house until they are ready to develop that piece, what change would we need to make? Because I don't think, your language really prohibits that. Hawkins-Clark: Councilman Nary, Members of the Council, Item Number 14, the way we have it worded, it says if a Non-Development Agreement is approved as submitted, Meridian City Council Meeting August 6. 2002 Page 32 of 77 the remaining Phase 2 landscaping will be planted at one time prior to the first commercial occupancy. No. I'm sorry. That actually -- that actually would still be co rrect. Nary: Yes. I'm looking at additional considerations, Page 2-- Hawkins-Clark: Right. Nary: And all it says is until we -- they have to move the house before they can develop the property and we all would agree with that. I think they are just saying they don't want to develop that lot that the house is on and have to put the landscaping in just to tear the house out until they are ready to develop that piece. That particular language doesn't seem to prohibit it. I just -- I guess I couldn't see where we need to change it. Hawkins-Clark: Typically, also, our additional considerations are not included in the Legal Department's final documentation. Strictly the site specific. As written, the additional consideration would not be included as a condition. Nary: So if I'm correct, everything else we have heard, then the only -- the only issue that was of any contention still is -- well, was the 24, but the developer has said they are fine With the staff recommendation and requirement Number 14 I think IS fine. Hawkins-Clark: Correct. Nary: Okay. Hawkins-Clark: So it would just be incorporating the corrections proposed in the August 1st letter for Number 2, Number 8, Number 10, and Number 14. Nary: Right. Hawkins-Clark: Yes. Nary: Okay. Corrie: Any other discussion? Okay. I'll entertain a motion on the request. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I'd move the approval of FP 02-011, request for Final Plat approval of 19 building lots and three other lots on 11.57 acres in an R-4, C-N zone for Cherry Crossing Subdivision by Hawkins Companies. Pursuant to the staff report of July 25th, with the correction as requested by the developer on their position statement of August 1 st in regards to the requirements Number 2, Number 8, Number 10, and number 14, as site Meridian City Council Meeting August6,2002 Page 33 of 77 specific requirements from the staff report. Site specific requirement 24 could remain, and for Counsel to prepare Findings of Facts and Conclusions of Law and Decision and Order. Bird: Second. Corrie: Okay. Motion has been made and seconded. Any further discussion? Hearing none, roll call vote, please. Roll call vote: McCandless, aye; Nary, aye; DeWeerd, aye; Bird, aye. Corrie: All ayes. Motion approved. MOTION CARRIED: ALL AYES Item 12: Non-Development Agreement for Cherry Crossing Subdivision by Hawkins Companies - northwest corner of West Cherry Lane and North Under Road: Corrie: Item Number 12 is a Non-Development Agreement for Cherry Lane -- excuse me -- Cherry Crossing Subdivision by Hawkins Companies, northwest corner of West Cherry Lane and North Linder Road. Discussion? ]'1] entertain a motion on the request for a Non-Development Agreement. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I move we approve the Non-Development Agreement for Cherry Crossing Subdivision by Hawkins Companies and for the attorney to draw up Findings of Facts and Conclusions of Law and Decision and Order. Bird: Second. Corrie: Motion has been made and seconded for the approval of a Non-Development Agreement and for the attorney to draw up Findings of Facts and Conclusions of Law. Any further discussion? Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Since this is just an agreement, do we need findings, or do we just-- Corrie: Yes. Meridian City Council Meeting August6,2002 Page 34 of 77 Nary: Do we need Findings, Mr. Nichols? Nichols: Mr. Mayor, Members of the Council, in two and a half years of being at the meetings we haven't had a Non-Development Agreement. I would think just approving the Non-Development Agreement as you accept the terms that are there is good enough to authorize the Mayor to sign and the Clerk to attest and then it will be recorded. De Weerd: Okay. Well, I would amend that to a Non-Development Agreement and ask the Mayor to sign and the Clerk to attest. Bird: Second would agree. Nary: And I just had a question, Mr. Mayor. I didn't -- and maybe -- oh. I guess J didn't notice the comments from the staff on this Non-Development Agreement. Is there any concern about it and maybe I just didn't see it? Hawkins-Clark: Mr. Mayor, the only item I believe staff has noticed -- we did read through essentially the agreement and the Non-Development portion in terms of utility and landscaping we are in agreement with. There is in the second paragraph on Page 1 a reference to the blocks which now, according to -- it sounds like, according to Mr. Priester at Ada County, are not going to be able to be numbered as such, so that -- those should reflect the correct numbers. Other than that, staff is in agreement. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I would ask, then, the attorney to update the block information, but still authorize the Mayor to sign and the Clerk to attest pending those corrections. Bird: Second agrees. Corrie: Okay. Any further discussion? Okay. All those in favor of the motion say aye. Opposed no? Motion carried. Corrie: Item Number 13. Mr. Nichols, I don't think we need a role call vote, do we, on that one? Well, I'm learning parliamentary procedure rather quickly. Well, it won't hurt. Roll call. Roll call vote: McCandless, aye; Nary, aye; DeWeerd, aye; Bird, aye. Corrie: Okay. MOTION CARRIED: ALL AYES Meridian City Council Meeting August 6, 2002 Page 35 of 77 Nichols: Mr. Mayor, Members of the Council. Mr. Mayor, just for the record, we didn't prepare the Non-Development Agreement, so we will find out who did and make sure that it's corrected. Item 13: FP 02-015 Request for Final Plat approval of 82 building lots and 4 other lots in an R-4 zone for Marlin Subdivision by W.H. Moore Company - north of J-84 east of South Under Road: Corrie: Good point. Item Number 13 is a request for Final Plat approval of 82 building lots and four other Jots in an R-4 zone for Marlin Subdivision by W.H. Moore Company, north of 1-84, east of South Under Road. Staff comments? Hawkins-Clark: Thank you, Mr. Mayor. The Preliminary Plat, as you know, was approved just a couple of months ago and so this is the first phase of the -- what they have as a two-phase subdivision. It's at the northeast corner of 1-84 and Under Road. Here on the screen is their proposed Phase 1. They are proposing essentially to construct the majority of the western half of the subdivision. They are proposing to construct the full buffer along South Under Road, as well as the full buffer along 1-84. They have included the road to connect to Mallard Landing Subdivision, which was a request of the Planning and Zoning Commission and a requirement of the City Council. It is in conformance with the Preliminary Plat. The staff report is dated July 23rd from Bruce Freckleton and Dave McKinnon and so we ask that those conditions be included with just what I believe are two small changes to that report. That's on the first page at Item Number 1. It refers to the Development Agreement and Item Number 11 on Page 3 refers to the Development Agreement. A Development Agreement was not required for Marlin Subdivision so that was incorrectly added. Those two conditions would just be -- need to strike the phrase -- the Development Agreement phrase on those two items. We did receive a response back from Hubble Engineering and there was one concern regarding Mr. Joe Silva's comments on the Final Plat. I don't know if Council received them, but what was given to staff at hearing is an August 6th -- just dated today, actually, an amended -- just a two page -- yes, an amended two page report, dated August 6, from our Deputy Fire Chief that does -- basically just corrects Item Number 7, which has to do with the street width. This subdivision, as you may recall here around this pocket park, they had proposed 29 foot street sections with restricted parking on one side, just on the residential side. That was added along with the correction to the street width. I think with the inclusion of that August 6th revised memo from Joseph Silva and those two corrections in our staff report everything is in agreement. Thanks. Corrie: Thank you, Brad. Questions, Council? Okay. Is the developer here this evening? Jonathan. Seel: Good evening, again. Jonathan Seel, W.H. Moore Company, 600 North Steelhead, Boise, Idaho. As Brad mentioned, we have read through the staff report and, yes, we'd ask that the reference to the Development Agreement be stricken in those two items. I have a copy of a letter, which I would like to have inserted, from Joe Meridian City Council Meeting August 6, 2002 Page 36 of 77 Silva, which Brad talked about with the 29-foot wide streets. My only other comment -- I'll make it brief -- is on Item Number 3 on Page 2 of the staff report, approximately midway down, it says all development improvements, including playground equipment and landscaping, shall be installed and approved prior to obtaining a Certificate of Occupancy. We don't disagree that putting it in. Our concern is we are starting the project this year and, as all know, with winter coming on it may be impossible for us to be able to put these in. We had talked to Brad about coming up with some language of weather permitting. Obviously, we want to get the playground and the landscaping and everything as quickly as possible, it enhances our ability to market it, but we don't want to be restricted to potentially having to build or sell a home and having somebody move in, only because the playground equipment or something else is not there. We would ask that there be some language which Brad had actually sent over to us, basically saying that weather permitting we would put those in and up to that point we would bond for it and I only have the one page. Something like that would be acceptable to us. Again, I think we still go with the spirit of our agreement. Corrie: Any other questions of Jonathan? Seel: All right. Thank you very much. Corrie: Okay. Any further discussion on the request for Final Plat? Hearing none, then, I will entertain a motion on the request for Final Plat with the inclusions or exclusions. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I move that we approve the request Final Plat of 82 building lots and four other lots in an R-4 zone by -- for Marlin Subdivision. To include the corrections of deleting the reference to Development Agreement to Item Number 1 and Item Number 11, to adopt the language that was submitted regarding Item Number 3 as weather permits, up to -- after that to bond for -- whatever that statement was. And to ado~t the amended statements by the Meridian Fire Department, Joe Silva, dated August 6 hand ask the attorney to draw up Findings of Facts and Conclusions of Law and Decision and o rd er. Nary: Second. Corrie: I assume the attorney has that -- okay. Okay. Any further discussion? Hearing none, roll call vote, please. Roll call vote: McCandless, aye; Nary, aye; DeWeerd, aye; Bird, aye. Corrie: All ayes. Final Plat is approved as ordered. Meridian City Council Meeting August 6, 2002 Page 37 of 77 MOTION CARRIED: ALL AYES Item 14: FP 02-016 Request for Final Plat approval of 38 building lots and 7 other lots on 13.72 acres in an R-8 zone for Baldwin Park Subdivision by Capital Development - 14 mile south of West McMillan Road and east of North Linder Road: Corrie: Item Number 14, a request for Final Plat approval of 38 building lots and seven other lots on 13.72 acres in an R-8 zone for Baldwin Park Subdivision by Capital Development, 1/4 mile south of West McMillan Road and east of North Linder Road. Staff comments. Hawkins-Clark: Thank you, Mr. Mayor, Members of the Council. This is also the first phase of the Baldwin Park Preliminary Plat that was approved a few months ago. Again, we are talking about the east side of Linder Road north of Ustick, just north of the half-mile section line. Here on the screen are the boundaries of the proposed phase one. Again, with Linder Road here on the left side of the screen and the primarily collector entry road. A pocket park is shown here in the center of the plat. The White Drain does course the full boundary pretty much of this subdivision. I have included a portion here on Phase 1. The staff report regarding this was dated July 31, 2002, from Bruce Freckleton and Dave McKinnon. There are just a couple of items to point out. You should have received a memo that was prepared by myself, just submitted dated today, August 6th, and there are a couple of items there that are in response to Briggs Engineering August 6th's memo. Largely they are in agreement, but I will just hit the three or four items here that there are some discrepancies on. Again, referring to that August 6th, Number 2 is regarding the pressurized irrigation system and the applicant has originally noted that that would be owned and maintained by Settler's Irrigation District. They have requested the option to have the homeowners association own and maintain that. Gary, did you want to address that? I think our main issue there is we just wanted to get that nailed down tonight, rather than leaving it open and kind of hanging out there. We have basically just proposed either to leave it the way it is or if there are the homeowners -- if the homeowners are going to do it, then we have got an optional condition there. It's standard language regarding submittal of an operations and maintenance manual. Item Number 8, just regarding fencing -- and I will just point that out here on the south side of the plat, there is a micro path that is Yosemite Drive is here. On the south side of Yosemite, there is a 20-foot wide micro path and this is just correcting the lot numbers. Fourteen is here on the west and sixteen is on the east. That should be a correction to where the fencing was noted in the original staff report. Also, the staff report didn't address permanent fencing on the south side of the project. Number 18 is a recommended new condition that we have to construct permanent fencing here on the lot lines, rather than the subdivision boundary line. The city does have a 36-foot wide sewer easement, half of which is on the Baldwin Park property and half of which is on the future middle school property. That simply doesn't make any sense to us to have the permanent fence, obviously, in the middle of the easement. We are just recommending moving that fence up to behind these lots. Since this is a common lot here on the west side of this micro path, we are recommending that the Meridian City Council Meeting August 6. 2002 Page 38 of 77 fencing on these three residential lots be more friendly to this open space area and not be a solid six foot. That's -- that's the fencing here issue along the south. Then the last item under general requirements Number 1, we have not yet received a written statement from Settler's Irrigation District requiring the White Drain to remain open. As you may recall during the Preliminary Plat that did get some discussion. I checked the minutes. Essentially, the board has told the applicant verbally that they are going to require that White Drain to say open and not be piped. According to the Public Works Department, they did check, it looks like it would be a 36-inch or so pipe. Typically that 48 inch requirement that we have had wouldn't apply to this, in terms of waiving the piping, but should the Council support leaving that open, there does need to be formal waiver granted tonight to leave that open. I think those are the main issues that staff had. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I guess whatever happens we would like to see a letter from them to Meridian, so if they change their mind on some of the conditions depending on these applications that seem to hang them up forever. So -- and seeing that it seems odd that they want to keep that open with the school going in just to the south of it -- I don't know. The applicant can probably answer that one. Corrie: Any further discussion? Bird: I have none. Corrie: Okay. Is the representative of the applicant here this evening for Briggs? Arnold: Mayor, Members of the City Council, for the record Steve Arnold. Business address 1800 West Overland Road. Briggs Engineering. I'm here tonight representing Capital Development. You have received our comments on the staff report and the planning staff has addressed all of our issues. Tonight it looks like you're wanting us to hammer out whether it's going to be the homeowners association or Settler's Irrigation. We will be constructing it to be owned and operated by the homeowners association. We are having some difficulty with the Settler's Irrigation District. I believe that Brad commented on Lot Number 8, that should be Lot 14 and 16, Block 4. Hawkins-Clark: I'm sorry I did not. That would need to be corrected. Arnold: That still is the lots that are going out above. In regards to the Settler's Irrigation District as to piping or opening -- or leaving the canal open, we originally came before this Council and we were showing it piped and that's what we wanted to do. We have since met with the Settler's I rrigation District and received twice verbally and the client's received it twice, that we were to remain -- leave that open and that they needed a certain width easement. I can, if this Council feels comfortable, before the signature Meridian City Council Meeting August 6, 2002 Page 39 of 77 of the Final Plat, we can always get a letter at that time stating their position. It was their position and it was this board's approval. I have read through the minutes also, that we were going to leave that open based on our testimony and discussion. It was always the intent with the Preliminary Plat that we were leaving it open. I guess I would concur with the recommendation in this general requirement that tonight the board had granted the formal waiver of piping that, because of the situation that we are dealing with Settler's. As you know, across the road with Bridgetower Subdivision, they are required to leave it open. They were told once by the board that they were -- that they had to -- that they were going to pipe it, that piping was okay. The board acted on the decision and then after the fact came back and told them, no, you guys will need to leave it open, mainly due because it's collecting the groundwater within the area. They didn't feel that -- they felt as we were to pipe it, it wouldn't function as it was designed to. We disagreed with them. However, they have the final say within their easement. I will stand for any further questions. Bird: I have none. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Mr. Arnold, I guess -- so in the recommendation from the staff, what do we need to change? I guess we just need to say on that to comply with whatever Settler's Irrigation District requirements are. Is that really what we are talking about? Arnold: Mr. Mayor and Councilman Nary, basically. That's what was on our Preliminary Plat letter -- on our Preliminary Plat Findings, to comply with Settler's Irrigation District. Nary: Is that Site Specific Requirement 15? I guess I don't -- I don't see anything in there that says you have to pipe it. Arnold: There is none. It's general requirement number one. Nary: Oh. Okay. Arnold: It's a standard, I believe, boilerplate language. I just didn't want to get down, you know, where we are getting to the signature of the Final Plat and have someone go through and -- I mean as a general condition it was -- I guess I'm trying to head off a headache. De Weerd: Good idea. Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I do remember that conversation and I guess we need the letter from the Irrigation District. I would also like that letter to go to the school direct and it seems like Meridian Cily Council Meeting August6,2002 Page 40 of 77 the neighbors, as they move in, they back up to this and they see kids playing in it, they then want to challenge and have it piped. If there can be some official note on the plat or something that that drain is -- that is the intent is to be left open, so it's, then, obvious for those people buying those lots that they are buying a lot next to an open ditch. It's going to solve some heartache in the long run by them petitioning the developer to pipe it further down the road. It might help having that notation that it's an open ditch or something on the plat. Arnold: Mayor Corrie, Councilwoman de Weerd, that's something that we can certainly add to the plat. There was one more item and it wasn't on any of our responses, but it was a concern that was brought up tonight in the previous Final Plat, which is the Certificate of Occupancy for the homes with the landscaping. I guess our concern is the same thing that came tonight. We are essentially on the same schedule as the Final Plat that was before you. I guess my concern is that we could go into get the plat recorded and we may not, due to weather circumstances, be able to put the landscaping in. We'd like to have the same caveat that you placed in the previous Final Plat and subdivision. I apologize, I didn't have any comments to Brad about that and I-- honestly, it was not thought of until we heard it tonight. It is a concern now that we are running into the same situation, weather permitting, that we may not be able to get the landscaping in prior to occupancy. We might be able to bond for that, exactly the same condition that you approved on the previous Final Plat. If that could be added, we would appreciate that. Corrie: I know the developer. We will do so. It will be done. Arnold: Yes. De Weerd: I think he should have to do it. Corrie: We will bury her tomorrow. No offense, but -- okay. Any other questions of the applicant? Okay. Council, discussion? De Weerd: I have none. Corrie: Okay. I will entertain a motion, then, on the request Final Plat approval for Baldwin Park Subdivision by Capital Development. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Mr. Mayor, I would move the approval of FP 02-016, request for Final Plat approval of 38 building lots and seven other lots on 13.72 acres in an R-8 zone for Baldwin Park Subdivision by Capital Development. Pursuant to the staff report of July 31, 2002, with the following amendments. On Site Specific Requirement Number 2, to include the alternate language of homeowner's association ownership of the Meridian City Council Meeting August 6, 2002 Page 41 of 77 pressurized irrigation system as proposed in the memo of August 6th by Brad Hawkins- Clark. Also, that would include the comments from Briggs Engineering on their memo of August 6,2002, as well. That the lot numbering be amended to reflect the proper lots and block numbers that were incorrectly stated. The other site specific requirement be amended, Number 3, to include language regarding allowing for weather permitting and that the applicant will bond for the installation of all landscaping, so that there can be a Certificate of Occupancy permitted prior to the installation of landscaping if weather won't allow that to be completed. That general requirement Number 1 also be amended to include language after the first sentence that states, shall be tiled -- that the area shall be tiled per City Ordinance 12-4-13 if allowed by Settler's Irrigation District. There will be a note on the Final Plat with a reference to Settler's Irrigation District as to their preference of leaving the drain open at this time. J don't think I have any other amendments that I -- De Weerd: Did you mention the landscaping? Nary: Yes. Bird: J will second it Corrie: Okay. Motion has been made and seconded to -- Nary: And for the attorney to prepare Findings of Facts and Conclusions of Law and Decision and Order and all that. Corrie: Okay. The motion is to approve with amendments as per the motion for approval. Any further discussion? Hearing none, roll call vote, Mrs. Clerk. Roll call vote: McCandless, aye; Nary, aye; DeWeerd, aye; Bird, aye. Corrie: Okay. All ayes. Motion is approved. MOTION CARRIED: ALL AYES Corrie: Before we get into the four Public Hearings, I'd like to take about a five-minute break if we may and be back in here at about 20 minutes until 9:00. (Recess. ) RECONVENED AT 8:45 P.M. Item 15: Public Hearing: 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: ( Meridian City Council Meeling Augus16,2002 Page 42 of 77 Corrie: Okay. I will reconvene the Meridian City Council Meeting and Item Number 15 is a Public Hearing. This is a request for annexation and zoning of 2.02 acres from an RUT to R-4 zones by Jerald S. Frank, 2310 South Locust Grove Road. At this time I will open the Public Hearing and the rules of the Public Hearing is that the applicant will have five minutes to present their side for the annexation and then the public will have three minutes apiece for any comment that they would like to make. Then after all the testimony is taken, then we will have any rebuttal by the applicant for three minutes or whatever time afterwards to make any rebuttal. At this time, as I said, I'll open the Public Hearing and we will invite the staff comments first. Hawkins-Clark: Thank you, Mr. Mayor, Members of the Council. The subject parcel is highlighted here on the screen. It's on the east side of South Locust Grove. As was noted, 2.02 acres. It's existing Ada County jurisdiction with a RUT zone and they have submitted an annexation request to be annexed with a city zone of R-4. It is contiguous to the city here to the east and to the south. Raven Hill and Los Alamitos Subdivisions are on the south and Raven Hill wraps to the east as well. Sportsman Point Subdivision is here on the west side of Locust Grove and rural residential existing county here to the north. The request for annexation is come due to a request for a municipal water and sewer service, which was granted by the Council in October of 2000. The City Council approved the hook up due to a failed drain field for their septic tank. That was a requirement of the hook up was to annex and so that's why this is before you. Staff does have some -- well, the Zoning Commission recommendation, I'm sorry, which is for the Jerald S. Frank property, you should have in your packets. There are five recommended city conditions, as well as the Ada County Highway District conditions and Fire Department conditions proposed there. I think that's all staff has at this point. Corrie: Okay. Any questions from staff at this point? Bird: I have none. Corrie: Is the developer here today? De Weerd: The property owner? Corrie: Or property owner, whoever -- anybody here? Okay. We have two people signed up. I think that's Jess Harris? Is that -- am I close? Hopkins: Jason Hopkins. Corrie: Jason Hopkins. Okay. We got to put new pens out there for you. I'm sorry. Okay. Jason and Mike Anderson. Okay. Jason, you're first. Raise your right hand, please. Is the testimony you're about to give the truth, the whole truth, and nothing but the truth, so help you God? Hopkins: I do. Meridian City Council Meeting Augus16,2002 Page 43 of 77 Corrie: Okay. Hopkins: Or yes or -- Corrie: Whatever. We know you'll tell the truth, so -- Hopkins: All right. I guess, Mayor, and Council Members -- Corrie: Name and address. Hopkins: Oh. My name is Jason Hopkins. I live at 1726 East Doberman Drive. That is in Raven Hill Subdivision, which is the second lot that is on the south side of the subject property. Right there. Yes. I guess my -- I have two reasons for being -- I agree with the annexation. I don't have any concerns with that. The concern that I have is with the zoning change and [ don't fully understand zoning and would just like to say that my concern lies with the future development of that property. The lot does not lend itself well to future development and my concern is that the person applying for the re-zoning would want to develop and maybe put in dwellings. They could theoretically add seven more dwellings to it. I don't know that all seven would be approved, but it would lend itself towards flag lots. It just -- I feel it would be unsightly, just because it wouldn't develop naturally well, just the shape of it and the way it is and the nature. My concern is -- or my reason for being here is to oppose the zoning change and I don't know if the zoning change would make a difference or not. Is that valid? Corrie: They are requesting an R-4 zone, which would allow them four houses to the acre, which would be approximately eight houses that they could build on this. Hopkins: Right. Yes and there is one existing. The one existing is -- has street frontage and in my opinion a dwelling unit should have street frontage. If it doesn't, then it ends up in a flag lot type situation and my experience -- I'm a realtor and, yes, I should know the zoning better than I do, but I don't, so -- my experience with flag lots has been that they never quite turn out as nice as a real subdivision. It's an afterthought and when the project was finished, it looks like an afterthought. The residents that live in the surrounding area are stuck looking at an afterthought and that was my concern. There would be one, two, three, four, five, six, seven or eight residences that would look upon that area and also those people aren't here. There are a few other people here from the same subdivision, but it just doesn't go. I just feel that that change wouldn't go with nature of the way the land has been developed around there. I guess that's alii have to say. I don't know if I can suggest not going to the R-4, maybe leaving it the way it is, and still annexing it. Is that -- is that an option? Corrie: Brad. Hawkins-Clark: Mr. Mayor, Members of the Council, upon annexation a City Zone does need to be requested. Now the R-4 is only one of several zones that could be requested, but in order to -- in order for city codes, setbacks, and other standards to Meridian City Council Meeting August 6, 2002 Page 44 of 77 apply in the future, we need to attach those to a zone. At least my understanding is -- and the attorney could correct me if I'm wrong, but, you know, there needs to be a zone attached upon an annexation request. Hopkins: Would an R-1 be sufficient? Hawkins-Clark: Actually, the city does not have R-1. We do have the R-2 or R-3. Those are the lower density zones. Hopkins: Okay. I guess the next question I would have, since the applicant isn't here, if the applicant applied for it, then I might suspect a motive for future development. If the city assigned it, then that was not the applicant's intention, then I have no reason to suspect that there was a plan for future development, so -- Hawkins-Clark: Mr. Mayor and in this case the applicant did pay the city to process and prepare their application. De Weerd: They were required. Hawkins-Clark: They were required to. They could have prepared it and requested a zone on their own, but in this case they did pay a higher fee for the city staff to actually prepare it, which is unusual for us, but they can do that. Hopkins: So what I'm getting, then, is that my suspicions were incorrect and that the person is trying to do some kind of development. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Mr. Hopkins, do you know what the zoning is for your subdivision? Hopkins: Probably R-4. Nary: I guess being a realtor you probably understand that we are looking for compatibility, just because you can just build -- just as you have a zone that allows you to build eight houses in two acres doesn't mean you're even able to come near that, because of setback requirements and everything else. I guess I -- I understand your concern, I don't know that realistically in that location, the way that lot is shaped, that they are going to have a real easy way to try to squeeze eight homes onto that lot. Hopkins: I didn't think they would and I figured they'd probably do seven or less. My concern was that -- Nary: Probably five. There would be maybe five but it wouldn't be any different size wise than where you're at. Meridian City Council Meeting August 6, 2002 Page 45 of 77 Hopkins: Sure. I guess you have already addressed my concern. De Weerd: Just a response. The applicant was required to do this, because we are extending water and sewer, because he did have a failed system and this was just a requirement that he annex in to the city. He's actually fulfilling the obligation he had, because he did hook up to our water and sewer. This would zone his and future use and typically I know this Council is not real thrilled about annexing and zoning land without a plan, for the very reason you're standing in front of us. The questions that it raises to the neighbors and that sort of thing but this was a condition of the sewer and water service to the piece of property. It's kind of one of those extraordinary circumstances that, you know, personally I don't like to zone and we even had a recent problem doing this without a plan. We typically don't like to do this kind of effort exactly for what you're talking about, because no one knows what the intent was. Right at this point no one -- there is no intent, other than fulfilling an obligation to annex, and he even asked our staff to complete the application and request whatever appropriate zone per our Comp Plan or to make it harmonious with the surrounding property. So -- and when he does come in with a plan, if that ever does happen, the neighbors would then be notified of that Preliminary Plat and he would have to still go through that process of planning his piece of property. You would know at that point, what his plan would be. Hopkins: Okay. Thank you. De Weerd: If that helps. Hopkins: Actually, it relieves a lot of concern, so -- De Weerd: Yes. Hopkins: Okay. That's all J -- De Weerd: I can understand why you're concerned, because we are, too. We don't like to approve something without a plan. Corrie: Thank you. Mr. Anderson? Anderson: I'm fine. Corrie: Is there anyone else that would like to issue testimony at this time? Yes, sir. Raise your right hand, please. Is the testimony you're about to give the truth, the whole truth, and nothing but the truth, so help you God? Cushing: Yes. Corrie: Name and address, please. ( Meridian City Council Meeting August6,2002 Page 46 of 77 Cushing: My name is Art Cushing. j live at 2230 South Locust Grove. It's the second -- yes. Right there and my question is -- I was questioning the people here before the meeting and they have a wood lot there now. Now can that be a business -- in an R-4, can they continue to have some kind of a -- we have questioned -- Corrie: If it's residential they can't have a business. Is that correct, Brad? Zoned R-4 can they have a business -- wood business there now that's there? Hawkins-Clark: The City Ordinance does allow home occupations. From what I understand from what Mr. Cushing said before the hearing, the type of home occupation currently there would not conform to the City's Home Occupation Ordinance, but upon -- if there is an existing use and the ownership or the use doesn't change upon annexation, they are grandfathered. Corrie: But they can't pass it on to -- okay. Cushing: I'm just like the fellow here before. I am a little bit dubious of what could be done or what he would be doing and that was my concern and I thank you very much. Corrie: Thank you. Is there anyone else that would like to issue testimony? Okay. Council, any questions of anybody? Bird: [have none. Corrie: You want to close the Public Hearing or keep it open? Continue it? What's your pleasure? De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I imagine the applicant is not here, because it's just an obligation to annex that this application is in front of us. I do think it is important, Brad, if you could just restate the process if he does come back to want to develop it, what the steps would be and what that means to the existing use and that sort of thing. If you could just give a summary on that to reconfirm or restate what -- Hawkins-Clark: Sure. De Weerd: -- the questions are. Hawkins-Clark: Sure. Assuming approval of the annexation tonight, the existing residence and any existing uses would remain. Upon change of ownership or upon change of use or upon subdivision of any of those three in the future, then the current owner or a future developer would have to submit an application to the city to either change the use -- if they are going to create more lots. That would require a Preliminary Meridian City Council Meeting August 6, 2002 Page 47 of?? Plat, so everyone within 300 feet of the property would get a direct mailing from the city informing them that the property would be platted. The only -- the only uses allowed under our Zoning Ordinance for an R-4 is single-family residential and schools. Those two uses are allowed outright. Technically, I guess, a school could come in and just submit a -- for a Certificate of Zoning without having a Public Hearing for that parcel, because schools are allowed without any special permits in the R-4 zone. That would have to still, of course, conform to all the city setbacks and our existing ordinances. That's the standards that would apply. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I was going to say, too, Brad, if -- my recollection of most of the other types of projects of this type, the lower density zoning, the R-2 or three, is not common to be adjacent to those R-4 -- that close to the roadway. It seems like most of the other projects we have seen are a higher density, R-8 or R-15, are closer to the roadway where the -- and as it goes further away from the road the density starts to spread out; is that correct? Hawkins-Clark: I would say that's typical, yes. Nary: So the R-4 is really pretty common for there or higher, but the lower density with half acre lots are not very common to be put in that sort of location would that be accurate? Hawkins-Clark: Right. I might also add that the -- there is the Planned Development process under City Code, which if somebody wants to do a Planned Development, they can asked for 20 percent of the land area to be something other than single-family housing, but that would -- De Weerd: That would also involve a Public Hearing. Hawkins-Clark: Yes and that would also involve a Public Hearing se everybody within 300 feet would be noticed. It's not uncommon to see a group of parcels like this to be all purchased by a single developer and try to do something larger than just a single two-acre subdivision. De Weerd: If that happened he would have to go through the plat process and the neighbors would be advised. Hawkins-Clark: Right. De Weerd: Within 300 feet. Okay. Thank you. ( Meridian City Council Meeting August6,2002 Page 48 of 77 Corrie: Any other questions? I'll entertain a motion, if you so desire, to close the Public Hearing. De Weerd: Mr. Mayor, I move we close the Public Hearing. Bird: Second. Corrie: Motion has been made and seconded to close the Public Hearing. Any further discussion? Hearing none, all those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES Corrie: Further discussion? Okay. Hearing none, I'll entertain a motion on the request for annexation and zoning of 2.02 acres from RUT to R-4 zones by Jerald S. Frank. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I would move that we approve the annexation and zoning of 2.02 acres from RUT to R-4 zones by Jerald S. Frank at 2310 South Locust Grove Road, Meridian, Idaho, and for the attorney to draw up Findings of Facts and Conclusions of Law and Decision and Order. Nary: Second. Corrie: Okay. Motion has been made and seconded for the approval of the motion. Any further discussion? Hearing none, roll call vote, Mrs. Clerk. Roll call vote: McCandless, aye; Nary, aye; DeWeerd, aye; Bird, aye. Corrie: Okay. All approved. Annexation is approved. MOTION CARRIED: ALL AYES. Item 16: Public Hearing: 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: Corrie: Item Number 16 is a Public Hearing. This is a request for a rezone of .97 acres 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 Magic View Drive and South Allen Street. At this time I will open the Public Hearing and invite staff's comments first. c Meridian City Council Meeting August6,2002 Page 49 of 77 Hawkins-Clark: Thank you, Mayor. The property is currently zoned limited office. The Subway Sandwich Shop that is referenced has already come through the city and received a Conditional Use Permit for that use, so that has been approved. The rezone request did not happen at that time, so they have come back and requested now for the change from the L-O to a commercial general, a C-G zone. As stated in their application, the main reason for that is the C-G zone does allow for higher signs. Under the current zone, they would be limited to an eight-foot. The Planning and Zoning Commission in their recommendation to the City Council has placed a condition that no signs on the lot may be taller than 20 feet, which is what the Sign Ordinance says. They have also limited the number of signs to one. The commercial zone, staff has found to conform. There are some conditions that are included in the recommendation, but it is the existing zone adjacent to the east and adjacent to the south. I don't believe the city staff has received any written comments back from the applicant, nor have we received any comments from adjacent property owners, although we understand there may be some submitted in writing. I think that's all I have. Corrie: Okay. Thank you. Any comments? Questions? Bird: I have none. Corrie: Okay. Is the applicant here this evening? Is the testimony you're about to give the truth, the whole truth, and nothing but the truth, so help you God? Larsen: Yes. Corrie: Name and address for the record, please. Larsen: Mr. Mayor, Members of the Council, my name is Cornell Larsen. My address is 210 Murray Street in Garden City. I'm here tonight representing Blaine and Cynthia Jacobson on the request you have before you for the re-zone of the parcel mentioned by staff. I want it to be somewhat clear that the portion we are asking for the rezone on is about the lower one-third of the area that is shown with the black line around it. The property to the north of that would continue to stay office and would not be rezoned at this -- you know, we are not asking for that and we assume the existing owner would not be, because he has no reason to. It's W.H. Moore and he develops pretty much office facilities. I want to take a minute and maybe refresh your memory a little bit about why we were looking for the Subway Shop there. It would be an excellent place for the traveler to stop as he's going down the freeway and also as the area develops into a Business Park office facility. With the development of St. Luke's, it gives us an excellent place for a food service facility. If the traveler stops there, he doesn't go on down Eagle Road, he doesn't cause additional congestion as he goes farther north. The Subway site people -- selection people felt this was a good site. In their last visit that they made to the site, their recommendation was that we look for some additional signage and conditional signage being the height of the sign and so the reason for our request is two reasons. One is the signage and then, secondly, as we have progressed with the project, we have had inquiries regarding people that would be more into retail type of Meridian City Council Meeting August6,2002 Page 50 of 77 business, which tends to lend itself more to your general commercial zone, C-G zone. This would be somebody like a cell phone user or a medical supply store that might sell medical supplies, they have had interest, as well as some coffee shops. Yes, the signage is one of the primary reasons, as well as there is the use that we were looking for some additional uses. As you mayor may not recall, Subway would be using the building to the west of -- I don't know whether -- can you put this on the overhead, Brad? Do you have a way of -- Hawkins-Clark: Sorry. Larsen: I have three copies of the little site plan that I passed out to you. The building that would be to the west, Subway would occupy a portion of that for their corporate offices in the area. They would then lease out the remaining portion of that to a user who may come along. Ideally, they would have a very compatible use to their facility and would have something that was unusual and so also noted on that site plan you will note the location of the sign. We were proposing a sign in the location when we had sent some of the original applications through in front of the facility. It's 20 feet high and the building is about 18 feet high at that location. It should be fairly well screened from the neighbors to the north. They should not be able to see a large portion of that sign at all and when the building to the west is constructed, then it would pretty much screen it off from all the other people that might be north that might have what would be called an obtuse angle of that sign. That, in general, is our reasons for the request. We wanted to note that, you know, there would be approximately 3,000 square feet of space that would be available for lease that would be out there that could be considered a commercial use different from an office use. As I mentioned before, the buffer to the north with the office would stay intact. The subdivision for this piece of property has been completed most recently. The -- as a part of our original approval on the Subway, the second building also comes back in front of this Commission again before it is able to go forward with the permitting, because it would be the two buildings on a site would invoke the PUD conditional use portion. That second building will also be back before you again, which would also give the neighbors or anyone who might have concern an opportunity to look at it again. We liked the Planning and Zoning Commission's recommendations, because it limited the uses to office uses for that building. If we did get a retail use, that also comes back before you based on the motion that Planning and Zoning made. We like their limitation of the signage. We are not opposed to those limits on the project. I believe the last time we had a couple individuals who commented from the neighborhood that we were opposed to the project and if there is individuals out there now, we hope this may have given them a little bit of insight into what our request is. I don't think I have anything else. I would be happy to answer any questions. Corrie: Okay. Any questions? Bird: I have none. Nary: Mr. Mayor? Meridian City Council Meeting Augus16,2002 Page 51 of 77 Corrie: Mr. Nary. Nary: I guess I'm a little confused, Mr. Larsen, and maybe you can help me. The original zone on this property is L-O. Larsen: Correct. Nary: And some of the limitations and that would allow a sign of 15 feet is that right? Larsen: I believe it's eight. Nary: Eight. Okay. The 20 feet that's recommended by the Planning and Zoning Commission was fine, but I thought I heard you also say that the limitation of office uses was fine as well? Is it just the sign? Larsen: What the Planning and Zoning Commission motion was is that any use other than the office use as a condition of rezone, any of those uses that afe -- if I can restate that. Any use other than those stated in the L-O zone would have to come back befofe the Commission for a Conditional Use hearing. If we did have a commercial use there, Planning and Zoning and the City Council get the opportunity to look at what that use might be. If it's a medical supply facility you might say okay and if it's something that is detrimental to the neighborhood or to the area, you, obviously, have the option to say -- to say no. That intent was to give the Council, the Planning and Zoning Commission, and the neighbors the opportunity to see what that retail use might be if we had that type of user. Obviously, we'd like to have a medical usef or something like that, but we have had inquiries regarding the retail use and as a fesult of the need for additional height on the signage and those requests, we did ask for you to consider the rezone. Nary: The other concern I would have is under the language about the sign. It says no sign or signs upon the lot may be taller than 20 feet in height. I guess what that tends to say is that if you have a couple other businesses there we could have three 20 foot signs on that lot. Larsen: Actually, we would ask that they limit that to one sign. Nary: So it can be a center sign? Larsen: Yes. It may not have come out that way c1eafly in their motion, but I believe in our testimony we said we could live with one 20-foot sign for that site. That sign would primarily be for Subway. We may have a lower sign that we would like to have to comply with the L-O zone for the office facility, but we do not need a higher than 20 foot sign. Nary: You're saying a lower sign, you mean like a monument sign on the ground or-- Larsen: Monument. Meridian City Council MeeUng August 6, 2002 Page 52 of 77 Nary: Monument. Larsen: A sign on the ground. Nary: Okay. Mr. Mayor? Corrie: Mr. Nary. Nary: Brad, on the recommendations from Planning and Zoning staff, it seems like the concern primarily was the change in zone with the change -- then the ability for the height of the sign, as well as the fact that we sort of had Public Hearings to death on this property in this area. With those limitations from Planning and Zoning, it seems to be probably a reasonable compromise, but I guess I didn't hear any input from you or the rest of the staff as to whether or not those compromises satisfy Planning staff's concerns about that property. If it's one center sign, instead of three or four different signs and if it's 20 feet versus eight feet -- I mean that's going to be significantly dwarfed by the signs that are already there in that particular area. So my concern would be having hundreds of signs there. Twenty feet doesn't seem to be outrageous, but I didn't know what your thoughts were. Hawkins-Clark: Councilman Nary, staff did in our report recommend denial. Yes, as you stated, the -- there is a development agreement that was entered into by Mr. Moore for this property, you know, and that is some of where staff was going with our -- you know, with our recommendation. As you well recall, the Ameri-Tel Inn a couple of years ago was proposed on this parcel and we -- we reviewed the development agreement at that time and that was one of the reasons for recommending denial of that was noncompliance with the development agreement, which -- the original Conditional Use Permit did have just two offices, you know, no retail. Certainly, the recent development in the subdivision, particularly on the south side of Magic View with the hotel, as well as with the Hubble plat and some of the other projects, you know, has since changed the nature. The city also approved a Comprehensive plan amendment tonight that shows, you know, some office uses actually here along -- adjacent to Greenhill Estates. You know, this application clearly does not fall under the new Comprehensive Plan, should it have that would not have complied. So, you know, we -- I think our concerns are some of the history, maintaining consistency with the development agreement with the -- and whether or not being off of Eagle Road, if a sign will really be that effective in attracting freeway traffic. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Even amending the development agreement -- I mean the notices that would have been sent for this rezone would be the same that we send to amend the development agreement if we were having a Public Hearing; wouldn't that be right? Meridian City Council Meeting August 6, 2002 Page 53 of 77 Hawkins-Clark: Yes. Nary: And it looks like we haven't -- I don't know if we have anybody else to talk about, but it doesn't look like a lot of other ones, but I didn't know if we received a lot of input besides the gentleman that had testimony. Has there been a lot of input to the staff? We didn't get any letters or signatures or anything else, so -- Hawkins-Clark: Right Neither did we. To my understanding, there has not been. Nary: Okay. Larsen: Mr. Mayor and Councilman Nary, there was a couple individuals who did comment last time on the -- from the neighborhood as well. Also I wanted to -- there aren't many avenues for changing a sign in the ordinance or changing the height of a sign. So, yeah, the signage is important to the Subway people that came and reviewed the site and they feel comfortable that a 20 foot sign would be give them enough presence from Eagle Road that they could be seen and could attract people that are stopping for gas or looking for food as they come off the freeway. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Mr. Larsen, when we approve that CUP, they knew at that point all they had was an eight foot sign when they asked for it Larsen: I don't think they had made their final inspection on the site from the corporate people at that point in time and I know they haven't made that -- you know, they hadn't made that determination at that point Or it may have been an issue at that time. Nary: Thank you. Corrie: Okay. Any other questions? Bird: I have none. Corrie: Okay. Thank you. Larsen: Thank you. Corrie: Is there anyone here that would like to issue testimony on this subject? Is the testimony you're about to give the truth, the whole truth, and nothing but the truth, so help you God? Bowen: Yes. Meridian Cily Council Meeling August6,2002 Page 54 of 77 Corrie: Name and address for the record, please. Bowen: Mark Bowen, 3067 Autumn Way. Mayor, Members of the Council, I'm here on behalf of 33 residents of Greenhill Estates. We have a petition we'd like to submit. We are opposed to the rezoning of the plot in question. We feel it's in direct violation from the development agreement that has been reached and this has been at hearing to death and we are not so much concerned with the sign as we are having to revisit proposed uses for this parcel if it were rezone to commercial. Even though they say we can revisit it, we don't want to revisit it. Something that's compatible with limited office, I think we, in spirit, agreed to that, and are in agreement with the development agreement. We feel like this is a direct violation of that. I don't think anybody that I have talked to in the neighborhood is really opposed to a 20 foot sign, we think perhaps pursuit of a sign variance would be more appropriate and something that we do want to address in the sign directly, but we think that rezoning it for dealing with the sign is an inappropriate use of the zoning ordinance. So with that I'd like to submit the petition and any questions. Corrie: Okay. Questions? Bird: I have none. Corrie: Okay. Thank you. Bowen: Thank you. Corrie: Is the testimony you're about to give the truth, the whole truth, and nothing but the truth, so help you God? Child: Yes. Corrie: Okay. Name and address, please. Child: My name is Jared Child. I live at 3157 Autumn Way. I'm here to oppose the rezoning as indicated in the notice of hearing. My name is on the petition as well as the others. I have been away from the area for about five or six months. I have been trying to keep in contact with a lot of things that are going on in the area. Back in July when there was a previous hearing, I e-mailed the city clerk to give me more information on this issue, which I never received a reply to that. So in reference to this recent hearing notice for tonight, I had to concur with the gentleman who just spoke for our subdivision that I think that a variance should have been given on the signage, instead of a rezoning. I think if you rezone this small piece of property you basically shoestring in the whole three acres. And if it comes to that, then, of course, more signage, we could get another McDonald's sign out there. I know how that sign went through and I particularly don't care for that sign myself, especially where I live. And I oppose the sign. I think the eight foot monument sign, as is required, should stay, unless there is a variance given to change it to a 20 foot and I guess that's all subject to location and as far as the Meridian City Council Meeling Augus16,2002 Page 55 of 77 remainder of the properties out there, that should be subject to its own merits on what comes up. Anyway -- so that's pretty much what I have to say, but I oppose this rezoning. Thank you. Corrie: Anyone else like to issue testimony? De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I don't want to give testimony. I just want to clarify that since that McDonald's sign came through, we do have a sign ordinance and that's probably why we are all here today, because that sign ordinance does exist and that's limiting what they can do and so this is what their answer is, but I would agree with you, what an odd way to try and get a taller sign is to change your uses. So that's just my two cents worth. Corrie: Developer, any comments? Larsen: Mr. Mayor, Cornell Larsen. I do not have any additional comments. If there was -- again, the signage is an issue and so are the uses. The signage is probably a more important issue to the Subway facility and that I guess if there were an avenue to get that, it would be great, but there doesn't appear to be any and we felt like this was a reasonable request, so we made it. Corrie: Any discussion? Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I know the Public Hearing is still open, but I guess my concern is if we as -- and I think Mr. Bowen brought up the right point. Part of the whole process in this area was to create a development agreement that we didn't have to revisit over and over and over again. And I understand the neighbors' concern that this is not -- and I don't think Mr. Larsen or the developer here is attempting to wiggle that door open a little bit, but that's what it does. And every time we want to revisit this particular piece of property, every single use they want to do that's not L-O, those neighbors have to make sure they get their time in and get their petition out and show up and have to address it every time. That was why we did it that way. That's why the development agreement was done like it was. And I'm sorry if the developer, when they requested the CUP for the Subway, really hadn't made a final decision in regard to the signage and how that may impact their business positively or negatively, but, I'm sorry, that's not really our problem, that's really their problem in making a decision on developments. I think this really falls in the category -- and maybe this is something among the many other things that planning staff is working on, but we have brought this up more than once, that we have to find variances that are not just tied to the reason that are stated in our ordinance, but find Meridian City Council Meeting August6,2002 Page 56 of 77 some ways to deal with this very issue and this is about the third one of these we have seen in the last three months for the same thing. It makes some sense and there is some reason and rationale for the signage, but to use a rezone as a method to get that, because that really is the only way to do it currently and our variance ordinance is pretty restrictive, isn't very reasonable, but I don't think rezoning it is the answer. I think that's riskier than revisiting our ordinance regarding the signage and if that impacts them opening the Subway at this time, I'm sorry, but I think we really just need to just work on our sign ordinance and find some avenues that are going to make more sense, but this just isn't -- this just isn't the right way to do it. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: Brad, has staff really sat down with the sign issue and really looked at our ordinance to see if there is any exemption for this that might be appropriate in this case? You know, I think we are addressing an issue, but opening up a larger one where it might not be needed. Hawkins-Clark: Councilwoman de Weerd, Members of the Council, we really haven't gone into much review on the sign ordinance. We do have that on the August 29th agenda for the Planning and Zoning Commission and there is a 4:00 o'clock meeting that we are just going to hash through a number of ordinances that are either outdated or new ones that we have been requested to review. So certainly it's -- you know, it's upcoming at the end of this month and in September we do have, now that the Comprehensive Plan is done, slated some time to review it and the current ordinance, I can safely say, really doesn't provide a separate variance process for signs, other than our standard variance procedure. In preparing a sign ordinance I don't recall many -- you know, many communities doing that. Certainly we could look into that, if that's what I'm hearing, to build into the sign code an opportunity for less stringent standards than what the variance process is now. De Weerd: You know, I don't know if we are looking for less stringent, but seeing how special circumstances could be dealt with, it just seems like an odd solution to try this route to address a sign issue and, of course, you don't want anything, you know, huge, to open that door either, so, you know, maybe even the applicant can work with that and see, you know, where there might be an opportunity for such an exception or something that we can look at. But, yeah, I -- this isn't the route. Hawkins-Clark: As Mr. Larsen was speaking it did cross my mind that, you know, an overlay for the subdivision -- a sign overlay, as well as some other commercial office areas of town might be appropriate. We could -- rather than basing the sign height on zone, we could do some overlays based on districts and that -- I could see where that might work for this area, particularly as this subdivision turns into more office commercial uses. Meridian City Council Meeling Augus16,2002 Page 57 of 77 Nary: I know I can think of three people in the last three months that would certainly offer some input as to what would be better, because we have this issue so often and it really -- every one of them has had reasonable reasons, but they didn't fit the variance requirements, so I think there are people out there that would certainly offer some assistance. De Weerd: With that said, I would move to close the Public Hearing. Nary: Second. Corrie: Motion has been made and seconded to close the Public Hearing. Any further discussion? All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Corrie: Any further discussion? De Weerd: I have none. Bird: I have none. Corrie: Okay. I'll entertain a motion, then, on the request for rezone. Nary: How come I'm always making the denials? Mr. Mayor, I'm going to move that we deny RZ 02-001, request for rezone of .97 acres from an L-O to a C-G zone for Lot 3, Block 2, of the Amended Magic View Subdivision for a Subway Sandwich Shop by Blaine and Cynthia Jacobson, pursuant to the staff report, as well as the discussion tonight, that it is incompatible with the development agreement that is already existing and that even the compromise proposed by the Planning and Zoning Commission are not adequate to address the concerns that were raised by the creation of that development agreement and that our counsel prepare Findings of Fact and Conclusions of Law and Decision and Order. McCandless: Second. Corrie: Okay. Motion has been made for denial. Any further discussion? Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: If we are going to deny this, then if it's agreeable with a 20 foot sign, how are they going to come back to get a 20 foot sign? We have no way for a variance on the sign. Nary: I think they are going to have to wait until we amend our ordinance. Meridian City Council MeeUng August6,2002 Page 58 of 77 Bird: Well, that's fine and dandy if you're going to wait to set your business up, I guess, six months to a year from now. But usually when you set a business up -- and it's not that that area don't have retail out there, you have got places that -- within a block or two that probably have more retail coming in and out than this place or the office building next to it, whatever. That's having -- so I think that -- and I agree with the zoning, but -- it's the only way they have of going through there. I agree with the development agreement sign like it was, that's reasonably brought in. But I believe a business needs to have a house that they can open up with and still be able to have a compete business. I'd like to see what kind of -- you know, until we change that, which with our track record it could be three to four years. De Weerd: You're welcome to serve on that and start tomorrow. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Mr. Mayor, all I was going to say, Councilman Bird, is that -- I guess two things. One, whether they knew it or not, they should have known that when they asked for it. But, secondarily, there are other methods to get visibility for a business and one is the freeway signs. You know there is -- the ITD puts out those freeway signs that are for businesses like this, for restaurants that aren't as visible, to allow for that type of access, so that people can find it. There are ways to do that. I agree with you, and that's why I think we have to push and I think at least the planning staff is trying to address that and they -- government is slow, it will take just a little bit longer. But, you know, I do think there is at least some way they can address it, but it is an important system, but I just think that this is probably the only way they could do it, but I don't -- I just don't think it's the right thing to do. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: You know, I appreciate that our Planning and Zoning Commission is going to work with Planning and Zoning staff to start evaluating some of these ordinances. I think that's a very positive step in the right direction. These ordinances aren't developed or tried and true overnight and, certainly, if you would like to champion them for an update, I would recommend that you work with the staff members that helped write it and know how much time they put into it and until we have a chance to see how it works, it's very difficult to anticipate all of the different things that happen. Be there on the 29th when they discuss it and invite all your friends and see what you can do. But until then, we have an ordinance that we have to make decisions by and I know that puts our applicants that are trying to market this in a real awkward situation. But until those ordinances are changed, there is -- our hands our tied and in many cases so are theirs. And that's what we deal with. So I call for the question. Meridian City Council Meeting August6,2002 Page 59 of 77 Corrie: The question has been called. Roll-call vote: McCandless, aye; Nary, aye; DeWeerd, aye; Bird, aye. Corrie: All ayes. Motion denied. MOTION CARRIED: ALL AYES. Item 17: Public Hearing: CUP 02-016 Request for a Conditional Use Permit for an 11, 700 square foot multi-tenant flex space office / 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: Item 18: Public Hearing: CUP 02-017 Request for a Conditional Use Permit for an 11, 700 square foot multi-tenant flex space office / warehouse building by Falash & Ross Construction, Inc. - Lot 10 Block 2, Medimont Subdivision, northwest corner of E. Franklin Road and S. Locust Grove Road: Corrie: Item No. 17 and No. 18 is a Public Hearing for Falash & Ross Construction Company. One is for a CUP 02-016 and the second is for a CUP 02-017. At this time I will open the Public Hearing on both 17 and 18 and invite staff's comments first. Before you do that, let the record show that we do have another letter from Mr. Jim Witherell from August the 3rd of 2002 and I believe the staff comments mentioned in the letter in July, but we do have a July letter for the record to be given to the Clerk for putting into the record. Okay. Fine. Thank you. Hawkins-Clark: Mr. Mayor, do I understand correctly that we can do the report on both 17 and 18? Corrie: Yes. Hawkins-Clark: Okay. Well, regarding No. 17, they are very similar requests. This No. 17 is the lot -- three lots down from Franklin Road here on the east side of Adkins Way. The development agreement did require the Conditional Use Permit to be required for all of these industrially zoned lots. They come through a Conditional Use Permit, since they do -- at that point in time backed up to existing residential uses. There are, I believe, two existing structures on that east side of Adkins and these are just some site photos. Curb, gutter, sidewalk, street improvements are all existing here in this subdivision. So these are lot specific internal improvements. Just go here to No. 18 and show you the second -- the second lot is the very southerly one here on Adkins Way, just immediately behind the Woodbridge Subdivision office, which sits here on the rear and there is a vacant portion here, so -- so those are the two lots in question. I'll go back here to the -- the site plans are fairly similar. Here is Adkins Way on the left-hand side of the screen. Both are multi-tenant office-flex type building spaces. The parking is Meridian City Council Meeling August6,2002 Page 60 of 77 surrounding on the east on No. 17. The Planning and Zoning Commission did recommend approval of both of these applications and you do have their recommendation. The Commission did recognize Mr. Jim Witherell's letter of July 3. They have recommended hours of operation be limited to 6:00 a.m. to 10:00 p.m. in accordance with the development agreement. The tenants will include industrial uses as a utilization of the building for only office uses is prohibited in the I-L zone, so they can't be one hundred percent office, technically, according to the zoning. We do not have any response from the recommendation of the Planning and Zoning Commission on file, so I think I will just go here to the elevation that is proposed. The east elevation is probably of most interest and as you can see, it is the -- there are no windows or lighting fastened here to the east side of the building. There are overhead doors for the various multi- tenant flex spaces. They are proposing a monument sign that is six foot in height for both properties. And here on No. 18 is just more or less a flip of the -- of the northerly lot. Again, parking shown here on the east and similar building elevations. And similar signage. I think that's all. Corrie: All right. Thank you, Brad. Any questions from Council of staff? Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Brad, I noted in the letter from Mr. Witherell that there was a concern about the parking spaces being on the easement and that there was some testimony or something you said you would correct that and I'm looking at that site and I don't know they if corrected it, so I'm not sure. Has there been some submittal regarding that? Hawkins-Clark: Right. Councilman Nary, the -- Bruce Freckleton, I believe, did look into that. He could not find -- and certainly structures over easements are prohibited, but in terms of parking on an easement, he was -- he did not see where that originated from. So I think that's the difference, whether or not a parking lot is considered to be, you know, a structure or improvement, that would not be allowed on an easement, typically that's -- typically parking would be permitted. Nary: Well, I know -- and I can understand, because I think the rationale is that you can always rip up the parking lot if you had to. It's easier than tearing down a house. But what was raised by Mr. Witherell was that the way that particular piece of ground is is that trying to install an asphalt parking lot on top of it is potentially damaging to the irrigation system that's already existing there. Do you know if Bruce was able to take a look at that? He's saying there is insufficient -- the irrigation pipe is plastic, it's 12 inches in diameter, it's barely covered by sod, there is insufficient earth, no more than an inch covering the pipe, to allow a gravel base and asphalt for a parking lot without foreseeable damage, which is not likely, because I think it's too close to the surface from what I'm reading. Do you know jf he looked at that issue? Do you have the letter from August 3rd by Mr. Witherell? Meridian City Council Meeting August6,2002 Page 61 of 77 Watson: Council Member Nary, Mayor, and Council Members, I have not heard of this -- for lack of a better word -- allegation until right now, but when they submitted grading and drainage plans to me for review, one of the things that I would be looking at is adequate cover over any existing irrigation lines. Our minimum depth for sewer, which is plastic pipe, is three feet. Sometimes they can use a higher grade pipe and get a little bit less than that, but I don't know that Bruce looked into that. Nary: Okay. Thank you. Corrie: Any other questions? Okay. Is the developer here this evening? Is the testimony you're about to give the truth, the whole truth, and nothing but the truth, so help you God? Falash: Yes. Corrie: Name and address, please. Falash: Mayor, Council Members, my name is Michael Falash. My business address is 149 South Adkins, Meridian. I own the office building right across the street from Lot No. 5 and -- which is just basically on five right across the street. I'd like to address a little bit on the easement issue, because that has been a big issue in the past conversations. We have got several drawings. Like Brad said, we will look at that and they do make piping that can be located in there and, you know, we have no problem going back if it's -- if we can't get the depth, we will go and change out the pipe to a suitable grade of piping that is rated for traffic load. Easements are typically, like Brad said, my experience on -- not in Meridian, Boise, is it's just the setback requirements for access through the easements of irrigation, power, pressurized irrigation, whatever it may be. It's limiting, you do not let your building go into that part of the property, but you're allowed to put paving, landscaping, other things that actually can cut through it and cut through it to the building. Some of the other comments, too, in the development agreement it was noted that on the east side of the property there was a -- there is an existing 20 foot landscape buffer that was developed as part of the development agreement that goes down the whole east side of the property line and that was set up in the agreement to buffer the residential area from Medimont Subdivision and when I recorded it, the landscape easement, there is a fence between our property and the landscape easement and then the residential area. So there is quite a bit of buffer area to that area. We are proposing, you know, flex spaces. Our intention is to provide spaces for small businesses that need some office space, warehouse, such as we have had over across the street in the building on Lot 5 on the other side of the street, you know, painters in the warehouse space, vinyl mark, fish finders and fjsh counters and they need some warehousing, so we are looking for those small companies. We are not anticipating -- we are only looking at 14 foot ceiling heights in there, we are not talking about height, tall storage type companies coming. ] noted the lumber products down the road and they are a whole different breed of company that has big trucks, forklifts, semis, and stuff coming through. You know, our principal clients are -- that we are looking for is the small businessman, the 1,500 square foot space and 500 square feet Meridian City Council Meeling Augus16,2002 Page 62 of 77 of office and 1,000 square feet of warehouse space or some kind of blend of that. Across the street when they develop that, they will need probably a little higher mix, maybe 60 percent office and 40 percent office. So it's just kind of hard to tell what will come in there. But we are following all the guidelines of the development agreement and when we submit plans for tenant improvements, they will go through the Planning and Zoning process and they will make sure that they are the type of tenant that is approved under an I-L zone. So there are some checks and balances to make sure that we keep the right kind of clientele coming into this project. There was concern in the previous meeting about not knowing what type of client will come in. Well, there is a check and balance for that sort of thing. The buildings we are proposing are concrete buildings, which [ think they are an upgrade from the two buildings on the two adjacent sides that are block buildings with asphalt shingle roofs. I feel like we are kind of bringing the standard up in that area also, that we are not following suit for what's already existing along there. As far as the comments on the Planning and Zoning, I agree with, you know, the recommendations and comments on it and leave it open for questions from Council members. Corrie: Any questions? Thank you. Is there anyone else that would like to issue testimony at this time? Is the testimony you're about to give the truth, the whole truth, and nothing but the truth, so help you God? Robertson: Yes. Corrie: Name and address, please. Robertson: My name is Bernie Robertson, 185 South Locust Grove Road, Meridian. Our home is east of this it -- talking about Item 17. And we have a problem with the parking in -- on the east side of the building, because right now a small machine shop is directly behind us and their parking is on the north side of the building. When they drive in in the morning, their lights from their cars are shined directly in our bathroom and our bedroom and, you know, in the wintertime when they come to work at 6:00, 6:30 in the morning, that's what we get. So we are going to have somewhat the same problem if they are going to have parking on the east side, that's directly behind the building, which we don't have now, we have it on the north side. So he's talking about having, you know, cars parked on both the north side and the east side and it directly affects, you know, our privacy and our -- the fact of the cars going in and out and we get the dumpster that comes in there every morning about 6:30 and so we getting a lot of noise and we have no objection to the building at all, we are just trying to protect our own privacy and our own quality of life. The other thing we have a problem with are the lights on the back of the buildings. There was a small machine shop, [ mean it lit up our entire back yard and if we had a party back there, we wouldn't have to turn a light on and so we asked if he would mind turning the lights off and he did and we really appreciated that. So we, again, are asking that there not be any lights on the east side of that building, because it just -- it just lfghts up the whole area. But I do have concerns also -- or we do about putting the parking lot over that irrigation pipeline that is -- that is on the other side of that chain link fence and he talked about a buffer. Well, the buffer consists of chain link Meridian City Council Meeting August 6, 2002 Page 63 of 77 fence, some scraggly pine trees and some -- some people would call lawn. I don't call it lawn. That's the only buffer we have. So we get light, we get noise, we get everything along there. It's 17. It's not this one. It's Lot 5, Block 2. That's the one. Uh-huh. Corrie: Okay. Thank you. Anyone else? Would you like to comment on your-- Falash: I'm Mike Falash. Again, we have agreed that we wouldn't put any lighting on the east side of that building and there are some zoning requirements or ordinance requirements for lighting and how far those lights can shine out and so forth, which we have on the north side and the south side. Being an industrial area it's pretty tough not to have access around the entire building when you are providing that kind of a building and service and that type of clientele we are after. What Medimont was set up for was light industrial, because you're going to need access to the rear of the building and access to the front side of the building, so I understand their concern of the lights and traffic and coming around the side, but I don't -- you know, the way Medimont was set up and, you know, I think they did the best they could with what they had with the landscape buffer and the fencing across there, but I couldn't see any way that we could really design the building and not have access to the rear, because you need the overhead doors, you need the frontage to come in for the office space, so I don't know what the solution to that is, other than that's just kind of the nature of how it's zoned and what we are up against. Corrie: Questions from Council? Okay. Falash: Thank you. Corrie: Anyone else? Okay. Council, any further discussion for the Public Hearing? Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: And maybe Mr. Falash can answer this, too. There was some discussion earlier about the dumpsters and I saw some recommendations from the Planning and Zoning Commission about the dumpsters and -- so they wouldn't be subjected to the residents, I think that's addressed again by Mr. Witherell's letter. Falash: On Lot 5, which is the one up in the middle, we did -- the dumpster -- you know, I don't think anybody wants to have a dumpster up on Adkins Street, because there is a 30 foot wide landscape corridor down through there and I think the idea is not to have -- is to keep that corridor, you know, in the city planning -- in the city concept plan of having a development come down through there and have that all landscaped. So the dumpster on Lot 5, whether it's in the -- there was a question whether it should be in the other corner or the northeast or southeast, they are both backing up to residential areas. On the Lot 10 on the other end, we did move it to the south end of the corner, because it was moved furthest away from the residential section of the property on our northeast Meridian City Council Meeting August6,2QQ2 Page 64 of 77 corner of that property and then right adjacent to the east it's really a commercial piece, so we did move the dumpster down to the south end on Lot 10. You know, there are the other two buildings that are already existing that do have their dumpsters located on the east side of their property and to me that's the most logical spot for it, you know, with some screening around it. Whether we move it ten foot one way or another, I don't know if that will -- I don't think that will make any difference on a -- when they come in and remove the container and dump it. Maybe something could be worked out with the sanitation department to look at different hours to hit this area. Maybe that's a solution to that early morning dumping and that would help solve the problem of the local residents being -- to make their pick ups at 9:00 or 10:00 in this area. I don't know. Nary: I guess I noticed -- and maybe -- I don't know if you're the right person to answer this, but I'm looking at that Planning and Zoning recommendations in regards to the -- I think it's Lot 5, which I think is the one that these folks are concerned with, and they deleted the section regarding the dumpsters. Falash: I think at one time we were going to move it to the south side, instead of the north side, but generally not -- you're still on a residential boundary there, so did we accomplish anything. It wasn't gained -- it didn't gain anything by moving it from one end to the other, so I felt it -- to me I voted and argued that we thought it should be at the back of the building and not the front of the building. So that's why we went to that discussion with the Planning and Zoning. We got that approved that direction and then we are moving the one on Lot 10 instead, because it didn't abut a residential area on that one corner. Nary: Thank you. Corrie: Any other questions? Bird: f have none. Corrie: Okay. If there is no other discussion for the Public Hearing, I will entertain a motion to close the Public Hearing. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I move that we close the Public Hearing on the Conditional Use Permit and also the Conditional Use Permit on the multi -- on Lot 10, Block 2 and also on Lot 5, Block 2 in Medimont Subdivision. McCandless: Second. Meridian City Council Meeting August5,2002 Page 55 of 77 Corrie: Okay. Motion has been made and seconded to close the Public Hearing on CUP 02-016 and CUP 02-017. Any further discussion? Hearing none, all those in favor of the motion say aye. Opposed no? All ayes. Motion carried. MOTION CARRIED: ALL AYES. Corrie: Further discussion? McCandless: Mr. Mayor? Corrie: Mrs. McCandless. McCandless: I notice also on these P&Z recommendations that all exterior lighting should be kept down shield or otherwise altered, whether attached to the building or located in the parking lot, so that the lights cannot spill over to adjacent property. Has that been done? Falash: That was one of the recommendations from Planning and Zoning and that's one of the things they will be checking when we submit our drawings in for building permits and stuff. Right now everything is just sort of a concept and we agreed to limit our lighting, not to do any lighting on the east side and we will provide -- there are types of lights that will give you that shielding and we have no problem providing that. McCandless: Thank you. Corrie: Okay. I caution Council to not ask those questions when the Public Hearing is closed. We can reopen it if you want to do so. Thank you. McCandless: I was just reading these and I noticed about -- they talked about lighting and that was -- Corrie: Okay. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I believe they have got pine trees out there in the deal, which we addressed at the last building with the lumber company coming down there. This development was designed to be these type of buildings and stuff and I feel for the neighbors back there that, yeah, they probably do get lights shinning in their yards or in their houses at times and stuff, but it is a -- they have done a very nice job of developing out there and I think they have tried to be very friendly to the neighbors. The irrigation thing don't bother me, because I think with state laws, your water rights are -- I mean they can yank up the parking in no time, so as long as you get your irrigation, so -- and I think these would be very nice additions to Meridian and I think that Mr. Falash has been very agreeable to Meridian City Council Meeting August6,2002 Page 66 of 77 work with the neighbors and do what they -- would try to do what they asked on the lighting and stuff and the parking. So I think it's a very nice development out there. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Brad, could you put up the picture again of the -- the one -- I guess the trash enclosure troubles me some. Could you put up where those -- the one that shows where this lot is in relation to these folks that testified? As I understand that testimony, they are right -- right to the east of this -- of that property? Okay. And the trash enclosure is proposed to be to the rear of the building and the only separation from that trash enclosure to their property is that grass strip and trees and the fence; is that correct? Hawkins-Clark: Including a chain link slatted enclosure. Nary: Okay. But they still have to drive the truck back there to dump the -- Hawkins-Clark: Correct. Nary: Okay. Hawkins-Clark: The existing fence is not slatted, but the three-sided trash enclosure would have slats in it. Nary: And there was discussion at the Planning and Zoning Commission about relocating that and they just found it wasn't practical in any other location as well? Is that what I understood? Hawkins-Clark: Councilman Nary, I wasn't at that meeting, but, yeah, it seems like, according to Mr. Falash's testimony, they felt it would be of no benefit to move it to the north, although those two properties that are the yellowish color have an approved apartment complex on it, although we haven't seen that complex come through, but they are R-40 zoned is what those have. Nary: So currently this is still bare ground and this is another industrial building of some sort; correct? Hawkins-Clark: Uh-huh. Nary: Well, there is not much we can do for these folks, other than move that trash. I don't know what else we could do differently. But at least that avoids more parking and trucks and traffic. I recognize that Mr. Falash is correct that having access around the building is probably necessary in this area, but I don't know that you want to have a garbage truck driving back there every week, so -- Meridian City Council Meeting August6,2002 Page 67 of 77 De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: So are you suggesting that they move that to the north corner and then how does the garbage company have access to that dumpster to dump it? Nary: Well, there is space between the buildings. I mean this is -- right now, Brad, where is the east property line? Right there. And this is where the trash enclosure is supposed to be? Right here? And those folks' property is right here sort of? Hawkins-Clark: Uh-huh. Nary: And if you move it to this corner of the property, what's there right now is a proposed apartment complex that doesn't exist yet and there is another industrial building here and it is a completely open parking lot to access it from there. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: You move it up there and you lose your parking spaces and -- [ mean they can move them down, more parking spaces there at the east, but then you're really going to get the lights coming into their house. I don't know how often the dumpsters are picked up out there, I don't know how busy they are, I don't know how big a dumpster they put in there, but -- Nary: Mr. Bird. Are they at the minimum required parking spaces for this building? I mean if they move this from here to there and they lose -- I mean that appears to take two or three spaces at most. If they move that to here, are they under? Hawkins-Clark: Councilman Nary, Members of the Council, I believe that it's one to 1,000 in warehousing, so 11,700 square feet, you would be looking at 12, but then you have got to add on potential office. I did not see a breakdown on the plan. Nary: It appears they have about 36 parking spaces. They seem to be in blocks of 12. Twelve. Twelve. Twelve. Approximately. And I would agree adding parking to this location doesn't improve this location for the neighbors. I guess my preference would be to leave this area free from parking, but it doesn't enhance the neighbors, in that at least once a week a big garbage truck has to come through here. They have to get the garbage and if they move it up here and if they are not -- if there is no loss -- or loss in spaces to the north, it isn't going to impact them in that regard, what difference does it make? Bird: Mr. Mayor? Meridian Cily Council Meeling August 6, 2002 Page 68 of 77 Corrie: Mr. Bird. Bird: Most of your -- most of your garbage to that thing is going to be hauled out through the south end and that's where your -- because your store fronts are going to be up in -- on the north side where the parking is. So, you know, you're looking at not only having to haul a lot more, are going to have them come blowing out as hauling out, it's inconvenient, they pick up once a week, I -- and that's -- I don't know what the trash company -- but I bet they tell us they don't want it to go there, because they are pulling in during business hours, they don't want to be pulling through a bunch of cars that's got a chance of backing out into them or them hitting them. This is logical if you come straight in and I feel for the neighbors, but it's maybe picked up once a week -- I don't think you would want it on Adkins Street. That's your main boulevard. Yeah. And that's all landscaped there. Nary: J guess, Mr. Mayor, my only concern is from what these folks said is they already get a lot of what the other -- the adjacent properties here, they get lights, they get parking, and now we are saying, okay, we should drive the trash truck down here so they can get all the lights the whole way down to get in and get this trash and I guess I'm thinking the dumpster doesn't mind driving down my street and backing out, I'm not sure it's that big a deal to move it over here. It seems like my recollection from prior testimony from other ones in this area that part of the concern is the trash comes at like 6:00 o'clock in the morning in this particular area, so all the more inconvenience and, like you said, there is not much else -- I agree with what you're saying, Mr. Bird, but that is part of this type of development. So whatever is left -- I mean what little less of an impact we can put for these people -- there is still going to be some noise, and there will be some lights, there will be some dust and all those other things that are just from this type of development, but I guess I don't see that that's the most awful thing in the world, just to move that location, as long as we are not going to have a parking space issue next. Hawkins-Clark: Mr. Mayor, they do have the parking detailed out on their site plan and even if it was all office, which they are prohibited from being all office, they would be five spaces beyond code. Nary: What's this little bulge out here, Brad? What is it? It's at the backside of the lot. This is Adkins here and this is a building. So is this just drainage? Hawkins-Clark: Just a landscaped area. De Weerd: A landscaped drainage area? Hawins-Clark: No. It's not open. In terms of open pond you mean? Nary: Or swale or something. Meridian City Council Meeling August6,2002 Page 69 of 77 De Weerd: Or swale. Hawkins-Clark: There is a pressurized irrigation connection point in that area. Their landscape plan does show two trees and sod in that corner. Nary: Can't they flip flop those two things there and put this up here and put the landscaping there or is there an engineering problem with that drainage? De Weerd: More pipe. Nary: There is no screen fencing along here either, is there, Brad? Hawkins-Clark: Correct. Nary: The cars are parking face in, headlights all shining -- right now, though, there is no property here, it's just over here. But, again, you're still going to have all the lights going this direction when there is an apartment building there. Hawkins-Clark: Correct. Nary: And there is no requirement for them to screen this fencing at all? Hawkins-Clark: Correct. Yeah. The fencing was a requirement of the original developer of the whole subdivision. Mr. Barnes had to do the 20 foot landscape strip, which has the pine trees spaced occasionally and the fencing, which was just chain link. So, yeah, the only screening is around the actual enclosure. Imagining the -- they have required -- - they estimated two cubic yards of waste to be generated, so, you know, a ten foot wide dumpster area, but typically I would imagine they would come in and pull up around in back, back in to access this dumpster. It's foreseeable that they could enter on the north, turn to the south, and back in to access the dumpster here. I think Mr. Bill Gregory would review the final submittal and make comments on that, but -- at SSC. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: That would be a back loading dumpster? It wouldn't be -- how large a dumpster do they usually have on something like that? Ten yards? Three yards? So they do load it from the back or do they come in from the front? If they are front loaders, do they have to come in -- so if you put it up in that corner right up there, you're going to eliminate a whole bunch of parking lots -- or parking spaces, because they are going to have to come in to come in straight on to it. Hawkins-Clark: Just these two or these two. Bird: And then bring it all the way through there and back straight in. Meridian City Council Meeting August 6, 2002 Page 70 of 77 De Weerd: Then they could come straight in and -- Corrie: And back out. De Weerd: And then you could fill those -- where it's currently at with two trees and have a little bit more of a buffer for the headlights. You know, I guess, in essence, we continue to -- and it's not the applicant of the subdivision's problem that the landscape buffer is not adequate. It's just not adequate. And we continually get this. Every single application we are going to hear this and he went to the absolutely bare minimum that he absolutely had to do and these applications -- or these applicants continue to hear the gripes about it, but he met the intent of the development agreement and so you're kind of in a Catch 22. The homeowners association of the subdivision or the association of the subdivision, it sure would be nice if they were part of the solution, so the neighbors could have a little bit of peace of mind. But, again, they inherited it. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I wonder -- and I don't think there is any way you can make this be done, but the existing chain link could be slatted, which would really help. I don't know how much that costs. I don't have the slightest idea. It isn't in the development agreement. Good idea. Corrie: Mr. Nary. Nary: It's a great idea. Unfortunately, Mr. Sarnes is the one that has to do it and there is nothing that requires him to come back here to do this. The property owner -- he doesn't own that fence, so they can't do it. So I mean we are kind of between a rock and a hard place. And, like I said, I think that's my -- I guess that's my rationale is we need to do whatever minimal things we can do to alleviate something for these neighbors, because there is not a lot of other things we can do. We can't -- we can't plant more trees, we can't slat the fence, we can't build a better buffer for them, because we are kind of stuck in that regard. So the best we can do is at least -- you know, Mr. Falash has agreed to limit the lighting, so that's at least one of the concerns they have raised and he is willing to do that and he has done that on the other pieces, so J think we are comfortable with that and, like I said, my only other concern is locating the trash enclosure -- at least if we move it, it sounds to me like we have a lot of adequate parking, so they can move it and still make it acceptable and they can essentially change that parking lot configuration to put the trash to the north of that and put the trees to the south and at least that's something. It's not a whole lot, but there is not a whole lot else we can do to alleviate the impact this has on these neighbors. Bird: Mr. Mayor? Corrie: Mr. Bird. Meridian City Council Meeling August6,2002 Page 71 of 77 Bird: I think when you -- I think moving it you make an unsafe situation when you bring it over there and you have that big -- and I don't think the trash company is particularly going to want to recommend doing that, because anytime you get one of those trucks in, even though you say they always come at 6:00, 6:30 in the morning, there is times when you fill it up and you have to call in and they have to come at a certain time during the day and you're asking -- you bring one of those trucks in with all the parking spaces with people pulling in and out, you're asking for a safety concern I believe and [ also think you're going to lose a lot of trash by the time you haul it from the back and that's where -- that's where it's designed to haul out to the north and dump it. Papers blow and stuff like that in the wind and that's a tough question. De Weerd: You have that same issue on either side, because they still have to walk either the length of this or the length of that. Bird: You don't come out that way, you would be coming out this way and around to dump. You don't come out through the front office. Corrie: Well, we have heard from two. Do the other two have any comments? De Weerd: I guess one other solution might be is -- you can't put up another fence, because that causes a safety issue, but you could put up a light barrier that's the height of the headlights of the cars that could help minimize the impact, you know. And I certainly have no -- I have a great imagination, J just don't know what that would be. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I think you're talking like on this eastern area here where you have some sort of four foot fence, so that way you have got a shield from parking cars and as well as the trucks coming through here to dump, is that what you're talking about? De Weerd: That would be a possibility. Nichols: Mr. Mayor? Corrie: Mr. Nichols. Nichols: Mr. Mayor, Members of the Council, with the Conditional Use Permit you can impose conditions that are reasonably related to the impact the development will have on the neighbors and the landscape buffer has proven inadequate, a requirement to slat the chain link fence would give you the light barrier that you're asking for. You're not asking the applicant to put up a whole new fence, just to simply slat a portion of the fence adjacent to this lot and that may be sufficient -- it may still be inadequate compared to a berm type landscape buffer and those kinds of things, but it may be Meridian City Council Meeting Augus16,2002 Page 72 of 77 something that's certainly reasonably related to the development and the impact on the neighbors. But it's got to be less expensive and less burdensome than building a new fence to simply slat the one that's already there. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Doesn't the -- I guess -- and I agree with what you're saying, Mr. Nichols, but he's going to have to get the approval of Mr. Barnes to slat the fence. It's not his fence and it's not on his property. I guess that would be my only concern is that if Mr. Barnes were to say I don't want you to do that, you can't. So I agree that's the best -- that is the right outcome, I just don't know whether or not Mr. Falash can effectuate that. It's not his property. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I agree with Mr. Nary. I think that is the ideal thing and maybe Mr. Falash or the owners of the properties in there could go to Mr. Barnes and ask him if he would consider doing that. I don't see any way that we can force him to do that and there is no way that you can force Mr. Falash to do it for this section through here, because he don't own the fence. Nary: Mr. Mayor, what we could do -- I guess another alternative is we can put -- like Mr. Nichols said, we can put reasonable conditions on this development to lessen the impact on the neighbors. We can also include in those findings the alternative that slatting the fence would be the alternative to either moving the trash enclosure or, as Councilwoman de Weerd would like, you could build a light barrier or something like that. That, again, puts the -- I guess Mr. Falash can go to Mr. Barnes and say, look, it's a lot cheaper for me to slat that fence than it is to build a second fence or to move and redesign my trash enclosure to a different location. But at least we would feel like we are attempting to alleviate the neighbors' concerns, as well as providing as many alternatives that are reasonable as we can. That gives Mr. Falash the ability to do a couple of different things to lessen that impact and one of them can be, I think as we said, probably the least acceptable alternative, that he's going to have to get Mr. Barnes to agree with that, and that's I think at least probably as much as we can do. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: Maybe the best thing to do would be to reopen this Public Hearing to continue it until the -- until the 20th and give the applicant an opportunity to talk to Mr. Barnes or whoever manages that and our staff to look at maybe -- I wasn't really talking Meridian City Council Meeting August6,2002 Page 73 of 77 a fence, more, you know, a light bar or, you know, just options that could help mitigate traffic lights or talk to the garbage company and see where it is -- the only way we can even get his comments was to reopen this Public Hearing and -- Nary: Is that -- De Weerd: I don't know. I just want -- it seems like we are up here trying to solve some issues that I think would be best solved with the applicant and Mr. Barnes and our staff and -- Nary: And the neighbors. De Weerd: -- and the neighbors and not us. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: You know, it's all well good to do this, but we have had, what, two developments come through here with these same arguments that we passed on. The other neighbors have had the same problems and we passed on them, because that is an industrial commercial development. We haven't had to put anything in the buffer or anything like that and I -- I'm not for reopening, I guess, at this time. Hawkins-Clark: Mr. Mayor? Corrie: Brad. Hawkins-Clark: If I could just throw out one thing. One difference is I don't believe the other two had head-in parking on the eastern boundary. That's one difference. One other thought that I had, if you want to go with the either/or option, they do have three and a half feet of play in this drive aisle width right here, they are exceeding -- they only have to have 25 feet from the parking stall to the building and they have 28 1/2 feet. If it could be that if you took say these three parking spaces, this area right here, you know, within three and a half feet, if they created a little planter and you required arborvitaes, that they would still meet all the city code and they would only have to be, you know, four feet high to block any head-in lights, if you follow me. It would be a new planter that, you know, wouldn't need to go the full boundary, the primary concern is this -- are the neighbor here to testify, but it could be just, you know, a little three and a half, four foot wide planter that you would have some short shrubs in that would be tall enough to block the headlights. The main issue there, of course, is you still have to get an underground sprinkling line there. Just another option. De Weerd: Well, I guess it all is a matter of do we sit up here and offer a solution or do we allow the applicant to have a say, as well as the neighbors and -- Meridian City Council Meeting August6,2002 Page 74 of 77 Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I guess I agree with Councilwoman de Weerd, is that I don't really want to redesign this whole project, I was just trying to alleviate some concerns and do I think it's fair to allow the applicant to, one, provide some input and also to provide the best alternative. I mean we are supposed to come up with one tonight and I think the difference has been I think every time -- I think we have always tried to address the concerns, some we can't, some we can. Here this happens to be something we can. I mean it's something we can deal with that's a pretty small thing, but it's not real small if you look next door. I think on the other ones we have always tried to address what was there and some just didn't do it, some of it was dealing with more of issues of building height or a blank wall behind my house and it really didn't have a whole lot to do with this particular type of thing that I can recall, but I guess I would be more in favor of at least reopening the Public Hearing and if we can't make a decision tonight, that we continue it to give the applicant the opportunity to see what alternatives exist that are going to work for him, as well as his neighbors and that we just get it done, rather than spending another half hour. Bird: I have no problem with opening it tonight, but let's talk to the people, let's get it decided tonight. If you look on our agenda -- De Weerd: Mr. Mayor, let's reopen the Public Hearing. Corrie: I'll entertain a motion. De Weerd: So moved. Corrie: Do I hear a second? McCandless: Second. Corrie: Okay. Motion has been made and seconded to reopen the Public Hearing. Any further discussion? Hearing none, all those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Corrie: I'd like to hear what you have to say. We are spending a lot of your money. Falash: You guys always stick me last on the agenda. Corrie: Your name, please, just for the -- Falash: My name is Mike Falash, 149 South Adkins. I'll tell you what, I'll agree to put slats on that fence line, because I think that will probably be a good solution for adjacent Meridian City Council Meeling August 6, 2002 Page 75 of 77 landowners. I don't have a problem with that. I'm thinking I'm sure I can get John to agree to do it. That's Lot 5. Lot 10, on the other hand, is at the other end and it really abuts a commercial piece of property, so I would like -- we are hearing both things at one time, so I don't want to -- make sure we address one lot against the other, but I have no problem, I think the slats are probably the best solution. You put landscape in, you'd have to make it so dense to really block lights that you'd probably have them just stacked in there, but I think slatting is probably the most logical solution to it and I have no problem providing it on this lot, so if you're agreeable to that, that will help out with the lighting and agree on the amount of lighting we have off of the east side and -- which would be none and we will definitely need a shield on the other side. So I do like to have the dumpster at this end, but, you know, if we go and slat that whole fence in there, you will have a six foot high screen across there and I hope that will keep everybody happy. Corrie: Now would you like to say something about slatting the fence? You're still under oath. I just need your name and address. Robertson: Bernie Robertson. 185 South Locust Grove Road. [ think that sounds fine. If we can work with the developer and hopefully Mr. Barnes, if that's what it takes, you know, and we appreciate it, we really appreciate the time you have taken on this, because it's kind of an issue for a long time now, the fact that we have to face those lights all the time and slats would help solve some of the problem. Thank you very much for the time you have taken. Corrie: I think, Mike, you can get -- Mike, you can get him to do that. John -- if you need any help, I will twist his arm. He owes me a favor. Nary: His neighbors would tell Mr. Smith that if ever listens to anybody in Medimont Subdivision -- De Weerd: Mr. Mayor, I move we close the Public Hearing. McCandless: Second. Corrie: Motion made and seconded to close the Public Hearing. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Corrie: Now I'll entertain a motion on CUP No. -- what we are discussing here, 02-016, which is the mixed use permit for the 11,700 square foot multi-flex space, 150 South Adkins Way, Lot 5, Block 2. Bird: Mr. Mayor? Corrie: Mr. Bird. Meridian City Council Meeting Augus16,2002 Page 76 of 77 ( Bird: I would move that we approve the Conditional Use Permit of the 11,700 square foot multi-tenant flex space office warehouse buildings on Falash & Ross Construction, Incorporated, Lot 5, Block 2, Medimont Subdivision, northwest corner of East Franklin Road and South Locust Grove Road and to include the condition of slatting the existing barrier fence, I think it's a six foot high chain link fence, and for the attorney to draw up the Findings of Facts and Conclusions of Law and Decision and Order. McCandless: Second. Corrie: Okay. Just for point of order, is that 16 or 17 that has that slat? Bird: That's 17. Corrie: Seventeen. Okay. Nary: And it's on the eastern boundary. Bird: The eastern boundary only. Yes. That block. Corrie: Thank you. Motion has been made and seconded. Any further discussion? Okay. Roll-call vote, please. Roll-call vote: McCandless, aye; Nary, aye; DeWeerd, aye; Bird, aye. Corrie: Okay. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Corrie: 1'1[ entertain a motion on the request for Conditional Use Permit No. 02-017. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I would move that we approve the Conditional Use Permit on a 11,700 square foot multi-tenant flex space office warehouse building by Falash & Ross Construction, Lot 10, Block 2, Medimont Subdivision at the northwest corner of East Franklin Road and South Locust Grove Road and for the attorney to draw up the Findings of Facts and Conclusions of Law and Decision and Order. De Weerd: Second. Corrie: Okay. Motion has been made and seconded. Any further discussion? Roll-call, please. Meridian City Council Meeting August 6, 2002 Page 77 of 77 Roll-call vote: McCandless, aye; Nary, aye; DeWeerd, aye; Bird, aye. Corrie: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Bird: Now wasn't that better than coming back the 20th with another-- De Weerd: Yes. Corrie: So if there is no other, I will entertain a motion we adjourn. McCandless: Mr. Mayor, I move we adjourn. De Weerd: Second. Corrie: Motion has been made and seconded to adjourn. All those in favor say aye. MOTION CARRIED: ALL AYES. Corrie: Adjourned at 25 until 11 :00. MEETING ADJOURNED AT 10:35 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: g / '2(J / tl2- DATE APPROVED ATTESTED: - - ~ ~"</)(}t':2-- c; C--/" 6 Item Packet Pickup BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF GEM PARK II PARTNERSHIP AND FARWEST, LLC, FOR ANNEXATION AND ZONING OF 196.20 ACRES FOR TUSCANY LAKES SUBDIVISION, LOCATED WEST OF S. EAGLE ROAD AND SOUTH OF E. VICTORY ROAD, MERIDIAN, IDAHO CIC 06-18-02 ) ) ) ) ) ) ) ) ) Case No. AZ-02-005 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING The above entitled annexation and zoning application having come on for public hearing on June 18, 2002, at the hour of 6:30 p.m., and David McKinnon of the Planning and Zoning Department, Tom Kuntz of the Parks Department, Captain Bill Musser of the MPD, Fire Chief Kenny Bowers, Brad Watson of the Public Works Dept., Kent Brown, Patrick Dobie, Jim Allen, Sarah Groden, Herman Pullman, Doug Webb, Mary Morgner DeChambeau, and Becky Bowcutt, appeared and testified, and the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT 1. There has been compliance with all notice and hearing requirements set f01ih in Idaho Code 99 67-6509 and 67 -6511, and Meridian City Code 99 11-15-5 and 11-16-1. 2. The City Council takes judicial notice of its zoning, subdivision and development Page 1 FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ TUSCANY LAKES SUBDIVISION (AZ-02-005) ordinances codified at Titles 11 and 12, Meridian City Code, and all cunent zoning maps thereof, and the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance No. 629, January 4,1994, and maps and the ordinance Establishing the Impact Area Boundary. 3. The property which is the subject of the application for annexation and zoning is described in the application, and is approximately 196.20 acres in size, is located west ofS. Eagle Road and south ofE. Victory Road, all within the Area ofImpact of the City of Meridian and the Meridian Urban Service Planning Area. 4. The owners of record of the subject property are Marty Goldsmith, Walter Simont, and Raymond Smith, Jean & Richardson Burnett Family Trust, which persons make up Farwest, LLC; and the applicants are Gem Park II Partnership of Meridian, Idaho and Farwest, LLC of Garden City, Idaho. 5. The property is presently zoned RT and consists of agricultural/residential uses. 6. The Applicant requests the property be zoned as R-4, with the intent to develop a planned development including single family lots, a school, and common/landscape lots, which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Single Family Residential. 7. The subject property is bordered to the north by city zoned R-4 property and rural/agricultural county zoned RUT property, and rural/agricultural county zoned RUT property to the south, east and west. 8. There are no significant or scenic features of major imp01iance that affect the consideration of this application. FINDINGS OF FACT AND CONCLUSIONS OF LAW- AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ TUSCANY LAKES SUBDIVISION (AZ-02-005) Page 2 9. The City Council recognizes the concems of Doug and Creta Webb of 1975 E. Victory Road, and Rex and Marla Young of 2950 E. Victory Rod, all of Meridian, Idaho. 10. Giving due consideration to the comments received from the govemmental 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: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. Essential City services are available to the subject property, however several water system additions are necessary to provide adequate service to the future elementary school site. The applicant has provided land for a new well to be located adjacent to Victory Road and the Ridenbaugh Canal. 2. Remove any existing domestic wells and/or septic systems within this project from their domestic service per Meridian City Code. Wells may be used for non-domestic purposes such as landscape irrigation. 3. A development agreement shall not be required as part of this annexation request because the applicant has submitted a development plan with the annexation request (preliminary plat and conditional use permit). Adopt the Recommendations of the ACHD as follows: Site Specific Requirements: 1. Dedicate 45-feet of right-of-way from the centerline of Locust Grove Road abutting the parcel by means of recordation of a final subdivision plat or execution of a wananty deed prior to issuance ofa building permit (or other required permits), whichever occurs first. 2. Dedicate 35-feet of right-of-way from the centerline of Victory Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance ofa building permit (or other required permits), whichever occurs first. 3. Dedicate 48-feet of right-of-way from the centerline of Eagle Road abutting the parcel by means of recordation of a final subdivision plat or execution of a wananty deed prior to issuance of a building permit (or other required permits), whichever occurs first. FINDINGS OF FACT AND CONCLUSIONS OF LAW- AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXA nON AND ZONING/ TUSCANY LAKES SUBDIVISION (AZ-02-005) Page 3 ( 4. Construct a 5-foot wide concrete sidewalk on Locust Grove Road abutting the site. The sidewalk shall be located 2-feet within the new right-of-way of Locust Grove Road. 5. Constmct a 5-foot wide concrete sidewalk on Victory Road abutting the site. The sidewalk shall be located 2-feet within the new right-of-way of Victory Road. 6. Construct a 5-foot wide concrete sidewalk on Eagle Road abutting the site. The sidewalk shall be located 2-feet within the new right-of-way of Eagle Road. 7. Constmct a center tU111 lane on Locust Grove Road for the Dmimoor Drive intersection. Provide a minimum of 100- feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. 8. Constmct a center tum lane on Victory Road for the Tuscany Way intersection. Provide a minimum of lOO-feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the tU111lane with District staff. 9. Construct a center tU111lane on Eagle Road for the Rome Drive intersection. Provide a minimum of 100- feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the tU111 lane with District staff. 10. Construct a right-turn acceleration lane and a right tU111 deceleration lane on Locust Grove Road for the Dartmoor Drive intersection. Coordinate the design of the deceleration lane with District staff. 11. Constmct a right-turn acceleration lane on Victory Road for the Tuscany Way intersection. Coordinate the design of the deceleration lane with District staff. 12. Construct a right-turn acceleration lane and a right turn deceleration lane on Eagle Road for the Rome Drive intersection. Coordinate the design of the deceleration lane with District staff. 13. Construct a main entrance, Dmimoor Drive, intersecting Locust Grove Road approximately 650-feet south of the north property line, as proposed. This roadway location meets District policy and is approved with this application. Dmimoor Drive shall be designed with of a minimum 2 I-foot street section on either side of a center median and shall be constructed a minimum of 4-feet wide to total a minimum of a 100- square foot area. The applicant will be required to dedicate 54-feet of right-of-way plus the additional width of the median. 14. Construct a main entrance, Tuscany Way, intersecting Victory Road at the east property line, as proposed. This roadway location meets District policy and is approved with this application. Tuscany Way shall be designed with a minimum ofa 2l-foot street section on either side of a center median and shall be constructed a minimum of 4-feet wide to FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPUCA TION FOR ANNEXATION AND ZONING/ TUSCANY LAKES SUBDIVISION (AZ-02-005) Page 4 total a minimum of a 1 GO-square foot area. The applicant will be required to dedicate 54- feet ofright-of-way plus the additional width of the median. 15. Construct a main entrance, Rome Drive, intersecting Eagle Road at the n01ih property line, as proposed. This roadway location meets District policy and is approved with this application. Rome Drive shall be designed with a minimum ofa 21-foot street section on either side of a center median shall be constructed a minimum of 4-feet wide to total a minimum of a 100-square foot area. The applicant will be required to dedicate 54-feet of right-of-way plus the additional width of the median. 16. Construct Rome Drive and Dartmoor Drive as a 33-foot street section within 50-feet of right-of-way with two II-foot travel lanes and two 4-foot bike lanes with vertical curb, gutter and 5-foot concrete sidewalk. Parking shall be restricted on both sides of these roadways, as proposed. Construct Dartmoor Drive as a 33-foot street section within 50- feet ofright-of-way with two II-foot travel lanes and two 4-foot bike lanes with vertical curb and gutter on both sides of the roadway and a I-foot asphalt pathway on the north side of the roadway (contingent upon the fact that the applicant will construct and maintain the pathway as a part of the homeowners association as well as the fact that the applicant construct a minimum 5-foot pathway (concrete or asphalt) on the south side of Dmimoor Drive abutting Lot 10 Block 5 that would connect pedestrians from South Cosmo A venue to the pedestrians crossing located at the Ten Mile Creek Canal. 17. Unless otherwise approved, the applicant shall be required to construct all public roads within the subdivision as 36-foot street sections with curb, gutter, and 5-foot wide concrete sidewalks within 50-feet ofright-of-way. Ifthe sidewalk is outside of the right- of-way, the applicant shall provide an easement. 18. Construct six stub streets, as proposed. . South Cosmo Avenue is proposed to stub to the south property line approximately 570-feet east of South Locust Grove Road. . South Lucca A venue is proposed to stub to the 110lih property line approximately 2,400-feet east of South Locust Grove Road. . South Pompei Avenue is proposed to stub to the south property line approximately 2,500-feet west of Eagle Road. · South Tiber Avenue is proposed to stub to the south property line approximately 1,450-feet west of Eagle Road. . West San Marino Drive is proposed to sub to the east property line approximately 530-feet south of the nOlih property line. . West Sicily Drive is proposed to stub to the east property line approximately Yz of a mile east of Eagle Road. FINDINGS OF FACT AND CONCLUSIONS OF LAW- AND DECISION AND ORDER GRANTlNG APPLICATION FOR ANNEXATION AND ZONING/ TUSCANY LAKES SUBDIVISION (AZ-02-005) Page 5 19. Install a sign at the terminus of the roadways stating that, ItTHIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street, and the design of the turnaround with District staff. 20. Construct six knuckles, as proposed. . West Sicily Drive is proposed to have a knuckle on the nOlih side of the roadway between South Arno Way and South Pisa Way. . There is a proposed knuckle at the northwest corner of West Milan Drive and South Turin Avenue. . There is a proposed knuckle at the southwest corner of West Mediterranean Drive and South Turin Drive. . There is a proposed knuckle at the northwest corner of South Turin Avenue and West Sicily Drive. . There is a proposed knuckle at the southwest corner of West Rome Drive and South Turin Avenue. . There is a proposed knuckle at the southeast comer of West Milan and South Palelllio Avenue. 21. If the developer proposes a traffic island in the knuckle, the applicant shall be required to const11lct the traffic island in the knuckle with a minimum of 4-feet wide with a minimum area of 1 OO-square feet and designed to safely channel traffic. The roadway around the traffic island shall maintain a minimum of a 29-foot street section. The design shall be reviewed and approved by ACHD's Planning and Development staff. 22. Construct an ACHD approved turnaround at the end of West Genova Court, West Calabria COUli, West Calabria Drive, West Mediterranean Court and South Crete Way. Submit a design of the turnaround for review and approval by District staff. 23. The turnarounds shall be constructed to provide a minimum turning radius of 45-feet and provide a minimum of a 29-foot street section on either side of any center islands within the turnarounds. Any medians shall be constructed a minimum of 4-feet wide to total a minimum of a 100-square foot area. Dedicate 54-feet ofright-of-way plus the additional width of the median. 24. Construct a non-circular turnaround at the west end of West Falcon Drive, as proposed. Submit a design of the turnaround for review and approval by District staff. 25. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this shall be required on the final plat. 26. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. FINDINGS OF FACT AND CONCLUSIONS OF LAW- AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ TUSCANY LAKES SUBDIVISION (AZ-02-005) Page 6 27. Any existing irrigation facilities shall be relocated outside of the right-of-way. 28. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 29. Other than the three public streets specifically approved with this application, direct lot or parcel access to Locust Grove Road or Victory Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. 30.Comply with all Standard Requirements of ACHD listed in their report dated May 13, 2002. Adopt the Nampa & Meridian Irrigation District Recommendations as follows: 1. Applicant shall apply for a Land Use Change Application to file with the Irrigation District. Adopt the Meridian Fire Department Recommendations as follows: 1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for a duration of 2 hours to service the entire project. Fire hydrants shall be placed aD average of 400' apart at approved locations. 2. The proposed school site will require a fire-flow of2,500 gallons per minute available for duration of 2 hours at a residual pressure of 20 psi. Fire hydrants shall be placed an average of 400' apart. 3. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 4. Acceptance of water supply for fire protection is contingent upon acceptance of the water system by the City of Meridian. 5. Final approval for fire hydrant location shall be by the Meridian Fire Department. 6. AU tuming radii shall be a minimum of 281 inside and 481 outside. 7. Insure that all yet undeveloped parcels are maintained free of combustible vegetation. 8. The roadways shall be built to Ada County Highway standards. 9. The phasing plan shall require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have a turnaround. FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPUCA TION FOR ANNEXATION AND ZONING/ TUSCANY LAKES SUBDIVISION (AZ-02-005) Page 7 11. It is found that if the developer pays for the requested improvements and complies with the conditions set forth in these Findings of Fact No. 10, and all sub-parts, the economic welfare of the City and its residents and tax and rate payers wllI be protected, a condition of annexation and zoning designation. 12. It is also found that the development considerations as referenced in Finding No. 10 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 ofthe 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. 13. It is found that the zoning of the subject real property as Low Density Residential District (R-4) requires connection to the Municipal Water and Sewer systems and will be compatible with the Applicant's development intentions, and will assure that the zoning is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Single Family Residential. 14. The subject annexation request and zoning designation and proposed development relates to and is compatible with the goals and policies of the Comprehensive Plan of the City as follows: Goals Section: Goal 4, Goal 8 FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ TUSCANY LAKES SUBDIVISION (AZ-02-005) Page 8 Economic Development: 3.1U,3.2U Land Use: 1. lOU, 2.1 U, 2AU Natural Resource & Hazardous Areas: 2.1U, 3.1U, 3.2U Community Design: 1.3, lA, 2.3U, 6.2U, 6.11 U Transportation Chapter: 1.19U, 1.18 15. The property can be physically serviced with City water and sewer, since the applicant has extended the lines. 16. It is found that there has not been a major change in the area that would dictate how the property is re-zoned. 17. It is found that the existing character of the general vicinity is single family residential, and mral/agricultural. The addition of the proposed subdivision will change the existing character of the area, but not the intended character of the area. The intended character of the vicinity, as noted on the Generalized Land Use Map, is single-family residential. It is found that the proposed uses can be designed and constmcted in a manner that will be hal1110nious with and appropriate in appearance with the existing and intended character of the surrounding area. 18. It is not anticipated that the proposed uses will be hazardous or disturbing to future or existing neighbors, other than an increase in traffic concerns. 19. It is found that the initial phases of the residential portion of this project can be served adequately once the new Well 23, within the Silverstone project, is on line (faIl 2002), FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ TUSCANY LAKES SUBDIVISION (AZ-02-005) Page 9 ( and the 12-inch diameter main is extended under the Ridenbaugh Canal (fall 2002). New mains will need to be extended from the CUlTent point of terminus in Eagle Road just north of the McDonald Lateral, to the subdivisions southerly boundary line extended in Eagle Road, and in Victory Road from Eagle to the Ridenbaugh Canal, and in Locust Grove from Sherbrook Hollows to the southerly boundary line extended. It is also found that there will be problems providing adequate fire flows and pressures to the elementary school site without the addition of water supply. The City of Meridian currently owns land for a new well on the Eagle Road frontage near the Ridenbaugh Canal, however with the addition ofthe new well within the Silverstone project, approximately 1'2 mile n01ih, this site is not the best location for additional supply in the area. The applicant has provided land for a new well site located adjacent to Victory Road and the Ridenbaugh Canal. It is found from previous modeling of the sanitary sewer system, that the subdivision can be adequately served. Fire- According to the Meridian Fire Depmiment letter written in regards to the Tuscany Lakes application(s), the proposed annexation lays outside the five (5) minute response zone goal. The five (5) minute response goal is intended to enhance the probability of a favorable outcome on a request for Basic Life SUppOli. Also refer to the Fire Department comments for additional information. Police- Comprehensive Plan, Public Services Chapter, 6.8 reads as follows: "Police protection within the city limits. . .should be maintained according to the recommended service ratio of 1.6 to 1.8 police officers per 1,000 persons." With an estimated current population of 39,000+ and operating budget for only 46 sworn officers, the current ratio is approximately 1.1 officers per 1,000 residents. Also refer to the Meridian Police Depaliment comments concerning this application for additional comments. Joint School District No. 2- The Meridian School District is operating over capacity and the addition of the children from the proposed Tuscany Lakes Subdivision will have a significant impact on school enrollment. Also refer to the Joint School District No.2 letter dated 3-18-02 for more detailed information. ACHD- ACHD submitted their report dated May 13, 2002 on the application, refer to FINDINGS OF FACT AND CONCLUSIONS OF LAW- AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ TUSCANY LAKES SUBDIVISION (AZ-02-005) Page 1 0 the report for more details to their requirements. 20. It is found that there will not be additional requirements at public cost and that the annexation and zoning will not be detrimental to the overall community's economic welfare. 21. It is found that the proposed residential use of the subject property will create additional traffic on Eagle, Locust Grove and Victory Roads. The project will have three main entrances, one on each ofthe aforementioned streets. The original plan for this subdivision did not include an access on Eagle Road. Other than traffic concerns, it is not anticipated that the proposed development will generate noise, smoke, odors or other nuisances that would be detrimental to the general welfare of the surrounding area. 22. It is found that the proposed vehicular approach on Victory Road does not align with the existing entry into Thousand Springs Subdivision, and should not significantly interfere with traffic on Victory Road. It is also found that the vehicular approaches on Locust Grove and Eagle Road will be designed in a manner that will not create interference with traffic on sunounding streets. 23. It is found that special attention will need to be given by the developer to ensure that no natural or scenic features of major importance will be lost or damaged by development of the proposed subdivision. It is also found that if the pathway system and open space/drainage areas are developed well the natural scenic features of the property may be enhanced. CONCLUSIONS OF LAW 1. The City of Meridian has authority to annex real property upon written request for annexation and the real property being contiguous or adjacent to city boundaries and that said property lies within the area of city impact as provided by Idaho Code Section 50-222. The FINDINGS OF FACT AND CONCLUSIONS OF LAW- AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ TUSCANY LAKES SUBDIVISION (AZ-02-005) Page 11 Meridian City Code 9 11- I 6 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 achml conditions existing within the City and State. 3. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act of 1975", codified at Chapter 65, Title 67, Idaho Code by the adoption of the Comprehensive PIau City of Meridian adopted December 21, 1993, Ord. No. 629, January 4, 1994. 4. The following are found to be pertinent provisions of the City of Meridian Comprehensive Plan and are applicable to this Application: Goals Section: Goal 4, Goal 8 Economic Development: 3.1U,3.2U Land Use: 1. lOU, 2.1U, 2.4U Natural Resource & Hazardous Areas: 2.1U, 3.1U, 3.2U Community Desi2;n: 1.3,1.4, 2.3U, 6.2U, 6.llU Transportation Chapter: 1. 19U, 1.18 5. The zoning of Low Density Residential District (R-4) is defined in the Zoning Ordinance at 9 11-7-2 C as follows: (R-4) Low Denisty Residential District: Only single-family dwellings shall be permitted FINDINGS OF FACT AND CONCLUSIONS OF LAW- AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ TUSCANY LAKES SUBDIVISION (AZ-02-005) Page 12 and no conditional uses shall be pennitted except for planned residential development and public schools. The purpose ofthe R-4 District is to permit the establishment oflow density single-family dwellings, and to delineate those areas where predominantly residential development has, or is likely to occur in accord with the Comprehensive Plan of the City, and to protect the integrity of residential areas by prohibiting the intrusion of incompatible nonresidential uses. The R-4 District allows for a maximum of four (4) dwelling units per acre and requires connection to the Municipal water and sewer systems of the City. 6. Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation ofland. See Burt vs. The City ofIdaho Falls, 105 Idabo 65, 665 P2d 1075 (1983). 7. The development of the annexed land, if annexed, shall meet and comply with the Ordinances of the City of Meridian including, but not limited to: Section 12-2-4 which pertains to development time schedules and requirements; Section 12-4-13, which pertains to the piping of ditches; and Section 12-5-2 N, which peliains to pressurized inigation systems, and Zoning and Subdivision and Development Ordinance of the City of Meridian. 8. Pursuantto Section 11-16-4 A ofthe Zoning and Development Ordinance the owner and/or developer shall enter into a Development Agreement, if such is required by the City. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does Order: 1. The applicant's request for annexation and zoning of approximately 196.20 acres to Low Density Residential District (R-4) is granted subject to the terms and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of 196.20 acres. The legal FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ TUSCANY LAKES SUBDIVISION (AZ-02-005) Page 13 description shall be prepared by a Registered Land Surveyor, Licensed by the State ofIdaho, and shall confolln to all the provisions ofthe City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686. 3. Developer shall be required to met the conditions set forth and in the event the conditions herein are not met by the Developer that the propeliy shall be subject to de- annexation, with the City of Meridian, which provides for the following conditions of development, to-wit: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. Essential City services are available to the subject property, however several water system additions are necessary to provide adequate service to the future elementary school site. The applicant has provided land for a new well to be located adjacent to Victory Road and the Ridenbaugh Canal. 2. Remove any existing domestic wells and/or septic systems within this project from their domestic service per Meridian City Code. Wells may be used for non-domestic purposes such as landscape irrigation. 3. A development agreement shan not be required as pali of this annexation request because the applicant has submitted a development plan with the annexation request (preliminary plat and conditional use permit). Adopt the Recommendations of the ACHD as follows: Site Specific Requirements: 1. Dedicate 45-feet of right-of-way from the centerline of Locust Grove Road abutting the parcel by means of recordation of a final subdivision plat or execution of a wananty deed prior to issuance of a building pernlit (or other required penn its), whichever occurs first. 2. Dedicate 35-feet of right-of-way from the centerline of Victory Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. FINDINGS OF FACT AND CONCLUSIONS OF LAW- AND DECISION AND ORDER GRANTING APPUCA TION FOR ANNEXATION AND ZONING/ TUSCANY LAKES SUBDIVISION (AZ-02-005) Page 14 3. Dedicate 48-feet of right-of-way from the centerline of Eagle Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance ofa building pernlit (or other required pelmits), whichever occurs first. 4. Construct a 5-foot wide concrete sidewalk on Locust Grove Road abutting the site. The sidewalk shal1 be located 2-feet within the new right-of-way of Locust Grove Road. 5. Construct a 5-foot wide concrete sidewalk on Victory Road abutting the site. The sidewalk shall be located 2-feet within the new right-of-way of Victory Road. 6. Construct a 5-foot wide concrete sidewalk on Eagle Road abutting the site. The sidewalk shall be located 2-feet within the new right-of-way of Eagle Road. 7. Constmct a center turn lane on Locust Grove Road for the Dmimoor Drive intersection. Provide a minimum of 1 DO-feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. 8. Construct a center turn lane on Victory Road for the Tuscany Way intersection. Provide a minimum of 100-feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. 9. Construct a center turn lane on Eagle Road for the Rome Drive intersection. Provide a minimum of 100-feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. 10. Construct a right-turn acceleration lane and a right turn deceleration lane on Locust Grove Road for the Dartmoor Drive intersection. Coordinate the design of the deceleration lane with District staff. 11. Construct a right-turn acceleration lane on Victory Road for the Tuscany Way intersection. Coordinate the design of the deceleration lane with District staff. 12. Construct a right-turn acceleration lane and a right hIm deceleration lane on Eagle Road for the Rome Drive intersection. Coordinate the design of the deceleration lane with District staff. 13. Construct a main entrance, Dartmoor Drive, intersecting Locust Grove Road approximately 650-feet south of the north property line, as proposed. This roadway location meets District policy and is approved with this application. Dartmoor Drive shall be designed with ofa minimum 21-foot street section on either side ofa center median and shall be constructed a minimum of4-feet wide to total a minimum ofa 100- square foot area. The applicant will be required to dedicate 54-feet ofright-of-way plus the additional width of the median. FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICA TlON FOR ANNEXATION AND ZONING/ TUSCANY LAKES SUBDIVISION (AZ-02-005) Page 15 14. Construct a main entrance, Tuscany Way, intersecting Victory Road at the east property line, as proposed. This roadway location meets District policy and is approved with this application. Tuscany Way shall be designed with a minimum ofa 21-foot street section on either side of a center median and shall be constructed a minimum of 4-feet wide to total a minimum of a 100-square foot area. The applicant will be required to dedicate 54- feet ofright-of-way plus the additional width of the median. 15. Construct a main entrance, Rome Drive, intersecting Eagle Road at the nOlih property line, as proposed. This roadway location meets District policy and is approved with this application. Rome Drive shall be designed with a minimum of a 2l-foot street section on either side of a center median shall be constructed a minimum of 4-feet wide to total a minimum of a 100-square foot area. The applicant will be required to dedicate 54-feet of right-of-way plus the additional width of the median. 16. Construct Rome Drive and Dmimoor Drive as a 33-foot street section within 50-feet of right-of-way with two ii-foot travel lanes and two 4-foot bike lanes with vertical curb, gutter and 5-foot concrete sidewalk. Parking shall be restricted on both sides of these roadways, as proposed. Construct Dmtmoor Drive as a 33-foot street section within 50- feet ofright-of-way with two 1 I-foot travel lanes and two 4-foot bike lanes with vertical curb and gutter on both sides of the roadway and a lO-foot asphalt pathway on the north side of the roadway (contingent upon the fact that the applicant will construct and maintain the pathway as a part of the homeowners association as well as the fact that the applicant construct a minimum 5-foot pathway (concrete or asphalt) on the south side of Dartmoor Drive abutting Lot 10 Block 5 that would connect pedestrians from South Cosmo Avenue to the pedestrians crossing located at the Ten Mile Creek Canal. 17. Unless otherwise approved, the applicant shall be required to construct all public roads within the subdivision as 36-foot street sections with curb, gutter, and 5-foot wide concrete sidewalks within 50-feet of right-of-way. If the sidewalk is outside of the right- of-way, the applicant shall provide an easement. 18. Construct six stub streets, as proposed. a. South Cosmo Avenue is proposed to stub to the south property line approximately 570-feet east of South Locust Grove Road. b. South Lucca Avenue is proposed to stub to the north propeliy line approximately 2,400-feet east of South Locust Grove Road. c. South Pompei Avenue is proposed to stub to the south property line approximately 2,500-feet west of Eagle Road. d. South Tiber Avenue is proposed to stub to the south property line approximately 1,450-feet west of Eagle Road. e. West San Marino Drive is proposed to sub to the east propeliy line approximately 530-feet south of the north property line. FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ TUSCANY LAKES SUBDIVISION (AZ-02-005) Page 16 f. West Sicily Drive is proposed to stub to the east property line approximately Y2 of a mile east of Eagle Road. 19. Install a sign at the terminus of the roadways stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street, and the design of the turnaround with District staff. 20. Construct six knuckles, as proposed. a. West Sicily Drive is proposed to have a knuckle on the nOlih side of the roadway between South Amo Way and South Pisa Way. b. There is a proposed knuckle at the northwest corner of West Milan Drive and South Turin A venue. c. There is a proposed knuckle at the southwest corner of West Mediterranean Drive and South Turin Drive. d. There is a proposed knuckle at the nOlihwest corner of South Turin A venue and West Sicily Drive. e. There is a proposed knuckle at the southwest corner of West Rome Drive and South Turin Avenue. f. There is a proposed knuckle at the southeast corner of West Milan and South Palermo Avenue. 21. If the developer proposes a traffic island in the knuckle, the applicant shall be required to construct the traffic island in the knuckle with a minimum of 4-feet wide with a minimum area of 100-square feet and designed to safely channel traffic. The roadway around the traffic island shall maintain a minimum of a 29-foot street section. The design shall be reviewed and approved by ACHDrs Planning and Development staff. 22. Construct an ACHD approved turnaround at the end of West Genova Court, West Calabria Court, West Calabria Drive, West Mediterranean Court and South Crete Way. Submit a design of the tumaround for review and approval by District staff. 23. The turnarounds shall be constructed to provide a minimum turning radius of 45-feet and provide a minimum of a 29-foot street section on either side of any center islands within the tU111arounds. Any medians shall be constmcted a minimum of 4-feet wide to total a minimum of a rOO-square foot area. Dedicate 54-feet of right-of-way plus the additional width of the median. 24. Construct a non-circular turnaround at the west end of West Falcon Drive, as proposed. Submit a design of the turnaround for review and approval by District staff. 25. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this shall be required on the final plat. FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICA TrON FOR ANNEXA TrON AND ZONING/ TUSCANY LAKES SUBDIVISION (AZ-02-005) Page 17 26. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. 27. Any existing irrigation facilities shall be relocated outside of the right-of-way. 28. All utility relocation costs associated with improving street frontages abutting the site shall be bome by the developer. 29. Other than the three public streets specifically approved with this application, direct lot or parcel access to Locust Grove Road or Victory Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. 30.Comply with all Standard Requirements of ACHD listed in their repOli dated May 13, 2002. Adopt the Nampa & Meridian Irrigation District Recommendations as follows: l. Applicant shall apply for a Land Use Change Application to file with the Inigation District. Adopt the Meridian Fire Department Recommendations as follows: 1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for a duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart at approved locations. 2. The proposed school site will require a fire-flow of2,500 gallons per minute available for duration of2 hours at a residual pressure of20 psi. Fire hydrants shall be placed an average of 400' apart. 3. Operational fire hydrants and temporary or pen11anent street signs are required before combustible construction begins. 4. Acceptance of water supply for fire protection is contingent upon acceptance of the water system by the City of Meridian. 5. Final approval for fire hydrant location shall be by the Meridian Fire Department. 6. All tuming radii shall be a minimum of28' inside and 48' outside. 7. Insure that all yet undeveloped parcels are maintained free of combustible vegetation. 8. The roadways shall be built to Ada County Highway standards. FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DEClSION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ TUSCANY LAKES SUBDIVISION (AZ-02-005) Page 18 9. The phasing plan shall require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have a turnaround. 4. The City Attorney shall prepare for consideration by the Oty Council the appropriate ordinance for the annexation and zoning designation of the real property which is the subject of the application to (R-4) Low Density Residential District, and Meridian City Code 9 11-7- 2. 5. Subsequent to the passage of the Ordinance provided for in section 4 of this Order the engineering staff of the Public Works Department shall prepare the appropriate mapping changes ofthe official boundaries and zoning maps as provided in Meridian City Code 9 11-21-1 in accordance with the provisions of the annexation and zoning ordinance. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian. Pursuant to Idaho Code S 67 -6521 an affected person is a person who has 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 ofthis decision and order seek ajudicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the .~ {y day of Ft~Srt ,2002. ROLL CALL COUNCILMAN KEITH BIRD VOTED~ COUNCILWOMAN TAMMY deWEERD VOTED~ FINDINGS OF FACT AND CONCLUSIONS OF LAW- AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ TUSCANY LAKES SUBDIVISION (AZ-02-005) Page ] 9 COUNCILWOMAN CHERIE Mc CANDLESS VOTED~ VOTED 1ff~ COUNCILMAN WILLIAM L.M. NARY MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: fJ-6-CJ2- VOTED - MOTION: ~ APPROVE~ISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and the City Attomey \\\\\\\11111111/1/1 . \\ f Uc" III ",\ ~ 0 ""4'"'(ID III; Jk ~' <, .~ 1..../ ~ 17 $"" (j cp?f'OF'V1 -, '1-"'~ By" ~/c/-~( ~. Dated: 5"1--t/2- f ~ I~<) '%: City Clerk (I - - FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ TUSCANY LAKES SUBDIVISION (AZ-02-005) Page 20 ( BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR PRELIMINARY PLAT FOR TUSCANY LAKES SUBDIVISION, LOCATED WEST OF S. EAGLE ROAD AND SOUTH OF E. VICTORY ROAD, MERIDIAN, IDAHO BY: GEM PARK II PARTNERSHIP AND FARWEST LLC, APPLICANT C/C 06/18/02 ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. PP-02-006 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT The above entitled matter coming on regularly for public hearing before the City Council on June 18, 2002, and David McKinnon of the Planning and Zoning Depmtment, Tom Kuntz of the Parks Department, Captain Bill Musser of the MPD, Fire Chief Kenny Bowers, Brad Watson of the Public Works Dept., Kent Brown, Patrick Dobie, Jim Allen, Sm'ah Groden, Herman Pullman, Doug Webb, Mary Morgner DeChambeau, and Becky Bowcutt, appeared and testified, and the City Council having received a report from David McKinnon Planner II for the Planning and Zoning Depmiment, and Bruce Freckleton, Engineering Technici~n III, and the City Council having received as part ofthe record ofthis matter the recommendation to City Council of the Planning and Zoning Commission and the applicant having submitted the "REVISED PRELIMINARY PLAT TUSCANY LAKES SUBDIVISION TUSCANY LAKES & TUSCANY HILLS, A PORTION OF THE NORTH 12 OF SECTION 29, TOWNSHIP 3 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT TUSCANY LAKES SUBDIVISION / (PP-02-006) 1 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO, DWG DATE: OS/29/02, DWG NO. 20101-PREl, SHEET: 1 OF 2 PRE-I, \20 1 01 PRE. rIs, Gem Park II Palinership - Developer and Farwest, LLC - Developer, and Briggs Engineering, Inc. - Planner, and PRELIMINARY PLAT TUSCANY LAKES SUBDIVISION XSECTIONS 1 & 2, A portion of the North Y2 of Section 29, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, DWG DATE: OS/24/02 rls, DWG NO. 20101-XSEC I & 2, Briggs Engineering, Inc.", Gem Park II Partnership and Farwest LLC submitted for preliminary plat approval and which preliminary plat for approval application is herein received and adjudged by the City Council pursuant to Meridian City Code 9 12-3-3. Therefore the City Council makes the following findings: FINDINGS OF FACT 1. That the proposed development is in conformance with the Comprehensive Plan by reason of the fact that it lies within the existing Urban Area as defined in the Meridian Comprehensive Plan Generalized Land Use Map, Infrastructure Planning Analysis Comprehensive Plan and Map, adopted December 21, 1993, and the property is presently zoned Low Density Residential District (R-4), and requires connection to the Municipal Water and Sewer System. [Meridian City Code 9 11-7-2 C] 2. The preliminary plat is in conformance with the Comprehensive Plan City of Meridian adopted December 21, 1993, Ordinance No. 629. 3. It is determined that public services can be made available to accommodate the proposed development if the plat complies with the requirements and conditions hereinafter set forth as conditions of preliminary plat approval. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT TUSCANY LAKES SUBDIVISION / (PP-02-006) 2 4. The proposed development is a continuity of the proposed development within the City's Capital Improvement Program and if the conditions which are requested by the Planning and Zoning Administrator and the Engineering Technician III and as proposed by the developer as stated on the preliminary plat there will be public financial capability of supporting services for the proposed development. 5. The development if built in accordance with the conditions and as proposed, will not create health, safety or environmental problems and there have been no specifics of any such concerns brought to the Council's attention. 6. It is found that the Recommendation To City Council of the Planning and Zoning Commission is reasonable and appropriate for the conditions of approval of the preliminary plat as hereinafter set fOlih. 7. The applicant has submitted for consideration of this approval drawing of the preliminary plat herein designated as: "REVISED PRELIMINARY PLAT TUSCANY LAKES SUBDIVISION TUSCANY LAKES & TUSCANY HILLS, A PORTION OF THE NORTH 12 OF SECTION 29, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO, DWG DATE: OS/29/02, DWG NO. 20101-PREl, SHEET: 1 OF 2 PRE-I, \20101PRE. rls, Gem Park II Partnership - Developer and Farwest, LLC - Developer, and Briggs Engineering, Inc. - Planner, and PRELIMINARY PLAT TUSCANY LAKES SUBDIVISION XSECTIONS 1 & 2, A portion of the North 12 of Section 29, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, DWG DATE: OS/24/02 rls, DWG NO. 20101-XSEC 1 & 2, Briggs Engineering, Inc." FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT TUSCANY LAKES SUBDIVISION / (PP-02-006) 3 DECISION AND ORDER Pursuant to the City Council's authority as provided in Meridian City Code 9 12- 3-5 and based upon the above and foregoing Findings of Fact which are herein adopted: IT IS HEREBY ORDERED AND THIS DOES ORDER 1. The Preliminary Plat of the applicant as evidenced by "REVISED PRELIMINARY PLAT TUSCANY LAKES SUBDIVISION TUSCANY LAKES & TUSCANY HILLS, A PORTION OF THE NORTH Y2 OF SECTION 29, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO, DWG DATE: OS/29/02, DWG NO. 20101-PREI, SHEET: 1 OF 2 PRE-I, \20101PRE. rIs, Gem Park II Partnership - Developer and Fat"west, LLC - Developer, and Briggs Engineering, Inc.- Planner, and PRELIMINARY PLAT TUSCANY LAKES SUBDIVISION XSECTIONS 1 & 2, A portion of the N01ih Y2 of Section 29, Township 3 NOlih, Range 1 East, Boise Meridian, Ada County, Idaho, DWG DATE: OS/24/02 rls, DWG NO. 20101-XSEC 1 & 2, Briggs Engineering, Inc.", is hereby conditionally approved; and 2. The conditions of approval are as follows to-wit: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. New mains shall be extended from the current point of tenninus in Eagle Road just nOlih of the McDonald Lateral to Victory Road, and in Victory Road from Eagle to the Ridenbaugh Canal, and in Locust Grove from Sherbrook Hollows to the southerly boundary line extended. Modeling results indicate that there will be problems providing adequate fire flows and pressures to the elementary school site without the addition of water supply. The City of Meridian currently owns land for a new well on the Eagle Road frontage near the Ridenbaugh Canal, however with the addition of our new well within the Silverstone project, approximately Y2 mile nOlih, this site is not the best location for additional supply in the area. The applicant has provided land for a new well along the project's north boundary adjacent to Victory Road and the Ridenbaugh Canal. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT TUSCANY LAKES SUBDIVISION / (PP-02-006) 4 Main sizing and routing to be coordinated with the Public Works Department. Applicant shall be responsible to construct the sewer and water mains to and through this proposed development. 2. From previous modeling of the sanitary sewer system, the subdivision can be adequately served by an extension of the Ten Mile Sewer Trunk. Main sizing and routing to be coordinated with the Public Works Depmiment. Applicant shall be responsible to construct the sewer mains to and through this proposed development. 3. Fencing details shall be submitted with the Final Plat application. Fencing adjacent to pathways or private parks shall not be over three feet in height if constructed of a solid material, and shall not be more than 4 feet in height if it is non-sight obscuring. 4. Performance specifications for the common area pressurized irrigation system shall be submitted with the Final Plat application(s). 5. Cross sections of the proposed pathway system have been submitted. 6. Applicant shall show the pedestrian access to the school site which shall be added on the revised plans, though Block 20 to the n01ih due to the addition of stub streets. 7. Stub streets shall be added in the following locations: S. Arno Way shall be extended to the south. The existing stub street to the north on S. Lucca Avenue shall be eliminated and replaced with a stub street to the nOlih on S Italy Way and a stub street to the n01ih on S. Naples Avenue. This stub streets meets the requirement for extending S. Amo to the south. An ingress/egress easement shall be granted to the property to the north of S. Amo Lane where it intersects with W. Rome Drive. 8. The required landscaping and pressurized irrigation system on Victory Road, Eagle Road and Locust Grove Road shall be installed in each phase prior to the issuance of a Certificate of Occupancy for any building on any lot created by the subdivision. Landscaping and fencing shall be bonded for prior to applying for building permits. 9. The applicant shall coordinate ACHD concerning the requirements and construction of the bridges over the Ridenbaugh Canal, Ten Mile Creek and the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT TUSCANY LAKES SUBDIVISION / (PP-02-006) 5 Eight Mile Lateral. 10. The detailed landscape plans to be submitted with the Final Plat applications for each phase shall include standards for the proposed pathway system. 1]. The developer shall be required to install all parkway trees within each phase of the development prior to any Certificates of Occupancy being issued. 12. Fencing details shall be submitted with each Final Plat application. Fencing adjacent to pathways or the common area lots shall not be over three feet in height if constructed of a solid material, and shall not be more than 4 feet in height ifit is non-sight obscuring. A 6-foot high perimeter fence shall be installed prior to any building permits being issued, unless agreed to otherwise in writing by the Planning Director. 13. All adjacent agricultural uses shall be protected and a note added to the face of the plat regarding the Right to Farm Act. 14. Applicant shall revise the preliminary plat map to show all easements of record (ditches and drainage ways), show how the existing ditches are being continued, and all new easements needed for relocations. Lots shall be configured to the edge of easement lines unless an encroachment agreement is granted. If the latter is the case, Applicant shall create a common area lot covering the balance ofthe easement width. 15. Underground pressurized irrigation shall be provided to all landscape areas on site. Applicant has not indicated whether the pressurized irrigation system within this development is to be owned and maintained by an association or the Nampa & Meridian Irrigation District. If the system is being proposed as a private system, plans and specifications for the inigation system shall be reviewed by the Public Works Depmiment as part of the development plan review process. A draft copy of the pressurized inigation system O&M manual shall be submitted prior to plan approval. 16. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a creek or well source is not available, a single- point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the Meridian City Engineer. 17. The Applicant shall be required to build single-story homes on Block 1, Lots 32, 33 and 34 of said plat, and the applicant has supplied a revised plan which depicts the restriction. For clarification, the height of the buildings for Lots 32, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT TUSCANY LAKES SUBDIVISION / (PP-02-006) 6 33 and 34 of Block 1 shall be limited to 25 feet in height from zero grade, with a 6/12 maximum roof pitch, and there shall be no windows above the first floor. 18. That to offset the replacement of shrubbery from the Young and Allen properties which shall be affected by the widening of Victory Road, Applicant shall be required to make reasonable arrangements with the Youngs and AIlens (property owners) regarding reasonable screening or a means to provide reasonable screening to replace the existing shrubbery to help reduce the impact of any oncoming headlights exiting the subdivision. GENERAL COMMENTS (preliminary plat) 19. Applicant shall submit a copy of the Ada County Street Name Committee's final approval letter for the subdivision name, and the lot and block numbering. Make any corrections necessary to confoml. 20. All existing trees over four inches (4") in caliper shall be retained and protected unless mitigated for with an equal number of caliper inches of new trees, per the Landscape Ordinance. 21. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 22. A letter of credit or cash surety in the amount of 110% of the total bid shall be required for all fencing, landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 23. Two-hundred-fifty-watt, and one-hundred-watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Depariment. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 24. All in-igation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13, excluding the Ridenbaugh Canal, Ten Mile Creek and the Eight Mile Lateral. The ditches to be piped shall be shown on the site plans. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 25. Remove any existing domestic wells and/or septic systems within this project from their domestic service per City Ordinance Sections 9-1-4 and 9 4 8. Wells may be used for non-domestic purposes such as landscape irrigation. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT TUSCANY LAKES SUBDIVISION / (PP-02-006) 7 26. Slopes within drainage lots are not to exceed a ratio of 3: 1. B. Adopt the Recommendations of ACHD as follows: 1. Dedicate 45-feet of right-of-way from the centerline of Locust Grove Road abutting the parcel by means of recordation of a final subdivision plat or execution of a wananty deed prior to issuance of a building permit (or other required permits), whichever occurs first. 2. Dedicate 35-feet of right-of-way from the centerline of Victory Road abutting the parcel by means of recordation of a final subdivision plat or execution of a wananty deed prior to issuance of a building permit (or other required pern1its), whichever occurs first. 3. Dedicate 48-feet of right-of-way from the centerline of Eagle Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance ofa building permit (or other required permits), whichever occurs first. 4. Construct a 5-foot wide concrete sidewalk on Locust Grove Road abutting the site. The sidewalk shaH be located 2-feet within the new right-of-way of Locust Grove Road. 5. Construct a 5-foot wide concrete sidewalk on Victory Road abutting the site. The sidewalk shall be located 2-feet within the new right-of-way of Victory Road. 6. Construct a 5-foot wide concrete sidewalk on Eagle Road abutting the site. The sidewalk shall be located 2-feet within the new right-of-way of Eagle Road. 7. Construct a center turn lane on Locust Grove Road for the Dartmoor Drive intersection. Provide a minimum of 100- feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. 8. Construct a center turn lane on Victory Road for the Tuscany Way intersection. Provide a minimum of lOO-feet of storage with shadow tapers for both the approach and depmiure directions. Coordinate the design of the turn lane with District staff. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT TUSCANY LAKES SUBDIVISION / (PP-02-006) 8 9. Construct a center turn lane on Eagle Road for the Rome Drive intersection. Provide a minimum of 1 DO-feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. 10. Construct a right-turn acceleration lane and a right turn deceleration lane on Locust Grove Road for the Dartmoor Drive intersection. Coordinate the design of the deceleration lane with District staff. 11. Construct a right-turn acceleration lane on Victory Road for the Tuscany Way intersection. Coordinate the design of the deceleration lane with District staff. 12. Construct a right-turn acceleration lane and a right turn deceleration lane on Eagle Road for the Rome Drive intersection. Coordinate the design of the deceleration lane with District staff. 13. Construct a main entrance, Dartmoor Drive, intersecting Locust Grove Road approximately 6S0-feet south of the north property line, as proposed. This roadway location meets District policy and is approved with this application. Darimoor Drive shall be designed with ofa minimum 21-foot street section on either side of a center median and shall be constructed a minimum of 4-feet wide to total a minimum of a 100-square foot area. The applicant will be required to dedicate 54-feet of right-of-way plus the additional width of the median. 14. Construct a main entrance, Tuscany Way, intersecting Victory Road at the east property line, as proposed. This roadway location meets District policy and is approved with this application. Tuscany Way shall be designed with a minimum of a 2 I-foot street section on either side of a center median and shall be constructed a minimum of 4- feet wide to total a minimum of a 100-square foot area. The applicant will be required to dedicate 54-feet of right-of-way plus the additional width of the median. IS. Construct a main entrance, Rome Drive, intersecting Eagle Road at the north property line, as proposed. This roadway location meets District policy and is approved with this application. Rome Drive shall be designed with a minimum ofa 21-foot street section on either side ofa center median shall be constructed a minimum of 4-feet wide to total a minimum of a 1 OO-square foot area. The applicant will be required to dedicate 54-feet of right-of-way plus the additional width of the median. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT TUSCANY LAKES SUBDIVISION / (PP-02-006) 9 16. Construct Rome Drive and Dmimoor Drive as a 33-foot street section within 50- feet ofright-of-way with two II-foot travel lanes and two 4-foot bike lanes with vertical curb, gutter and 5-foot concrete sidewalk. Parking shall be restricted on both sides of these roadways, as proposed. Construct Dartmoor Drive as a 33- foot street section within 50-feet ofright-of-way with two II-foot travel lanes and two 4-foot bike lanes with vertical curb and gutter on both sides of the roadway and a lO-foot asphalt pathway on the north side of the roadway (contingent upon the fact that the applicant will construct and maintain the pathway as a part of the homeowners association as well as the fact that the applicant construct a minimum 5-foot pathway (concrete or asphalt) on the south side of Dartmoor Drive abutting Lot 10 Block 5 that would connect pedestrians from South Cosmo Avenue to the pedestrian crossing located at the Ten Mile Creek Canal. 17. Unless otherwise approved, the applicant shall be required to construct all public roads within the subdivision as 36-foot street sections with curb, gutter, and 5- foot wide concrete sidewalks within 50-feet of right-of-way. If the sidewalk is outside of the right-of-way, the applicant shall provide an easement. 18. Construct six stub streets, as proposed. . South Cosmo Avenue is proposed to stub to the south prope1iy line approximately 570-feet east of South Locust Grove Road. . South Lucca Avenue is proposed to stub to the nOlih property line approximately 2,400-feet east of South Locust Grove Road. . South Pompeii Avenue is proposed to stub to the south propeliy line approximately 2,500-feet west of Eagle Road. . South Tiber Avenue is proposed to stub to the south property line approximately 1,450-feet west of Eagle Road. . West San Marino Drive is proposed to sub to the east property line approximately 530-feet south of the north property line. . West Sicily Drive is proposed to stub to the east property line approximately ~ ofa mile east of Eagle Road. 19. Install a sign at the terminus of the roadways stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTUREti. Coordinate the sign plan for the stub street, and the design of the turnaround with District staff. 20. Construct six knuckles, as proposed. . West Sicily Drive is proposed to have a knuckle on the 1l01ih side of the roadway between South Amo Way and South Pisa Way. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT TUSCANY LAKES SUBDIVISION / (PP-02-006) 10 . There is a proposed knuckle at the northwest corner of West Milan Drive and South Turin Avenue. . There is a proposed knuckle at the southwest corner of West Mediterranean Drive and South Turin Drive. . There is a proposed knuckle at the nOlihwest corner of South Turin Avenue and West Sicily Drive. . There is a proposed knuckle at the southwest corner of West Rome Drive and South Turin Avenue. . There is a proposed knuckle at the southeast corner of West Milan and South Palermo Avenue. 21. If the knuckles propose a traffic island in the knuckle, the applicant shall be required to construct the traffic island in the knuckle with a minimum of 4-feet wide with a minimum area of 100-square feet and designed to safely channel traffic. The roadway around the traffic island shall maintain a minimum of a 29- foot street section. The design shall be reviewed and approved by ACHD's Planning and Development staff. 22. Construct an ACHD approved turnaround at the end of West Genova Court, West Calabria Court, West Calabria Drive, West Meditenanean Court and South Crete Way. Submit a design of the turnaround for review and approval by District staff. 23. The turnarounds shall be constructed to provide a minimum turning radius of 45- feet and provide a minimum of a 29-foot street section on either side of any center islands within the turnarounds. Any medians shall be constructed a minimum of 4- feet wide to total a minimum of a 100-square foot area. Dedicate 54-feet of right-of-way plus the additional width of the median. 24. Construct a non-circular turnaround at the west end of West Falcon Drive, as proposed. Submit a design of the turnaround for review and approval by District staff. 25. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shaH be owned and maintained by a homeowners association. Notes of this shall be required on the final plat. 26. Utility street cuts in pavement less than five years old are not aUowed unless approved in writing by the District. 27. Any existing irrigation facilities shall be relocated outside ofthe right-of-way. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT TUSCANY LAKES SUBDIVISION / (PP-02-006) 11 28. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 29. Other than the three public streets specifically approved with this application, direct lot or parcel access to Locust Grove Road or VictOlY Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. 30. Comply with all the Standard Requirements listed in ACHD's report dated May 13, 2002. C. Adopt the Nampa & Meridian Irrigation District Recommendations as follows: 1. Applicant shall apply for a Land Use Change Application to file with the Irrigation District. 2. All laterals and waste ways shall be protected and all municipal surface drainage shall be retained on site. If any surface drainage leaves the site, the District mllst review drainage plans. The developer must comply with Idaho Code S31-3 80S. 3. If the development plans a pressure urban irrigation system that will be owned, operated and maintained by the District, then contact the District concerning the instal1ation of the pressure system. Fill out a questionnaire and return it in order to initiate the process of contrachlal agreements agreements between the owner or developer and the District for the ownership, operation and maintenance of the pressure urban irrigation system. D. Adopt the Meridian Fire Department Recommendations as follows: 1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for a duration of2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart at approved locations. 2. The proposed school site will require a fire-flow of 2,SOO gallons per minute available for duration of 2 hours at a residual pressure of 20 psi. Fire hydrants shall be placed an average of 400' apmi. 3. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 4. Acceptance of water supply for fire protection is contingent upon acceptance of the water system by the City of Meridian. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT TUSCANY LAKES SUBDIVISION / (PP-02-006) 12 5. Final approval for fire hydrant location shan be by the Meridian Fire Department. 6. All turning radii shall be a minimum of 28' inside and 481 outside for all internal roads. 7. Insure that all yet undeveloped parcels are maintained free of combustible vegetation. 8. The roadways shall be built to Ada County Highway standards. 9. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have a turnaround. 10. During the phased development of the project, two points of access shall be provided to all points of the project serving more than thirty homes. E. Adopt the Recommendations of the Central District Health Department as follows: 1. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 2. Run-off is not to create a mosquito breeding problem. 3. Storm water shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 4. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. F. Adopt the action and/or notations of the City Council from their June 18, 2002 meeting as follows: I. The applicant has submitted a revised Site Plan dated OS/29/02, but applicant needs to show the school access on Block 20 on the Site Plan. 2. The applicant has supplied the pathway cross-sections, dated OS/24/02. 3. A secondary access across one of the canals that isolates the "Lakes" portion of the project shall be constructed until all bridges are built within the project, and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT TUSCANY LAKES SUBDIVISION / (PP-02-006) 13 said secondary access shaH be shown on the preliminary plat. By action of the City Council at its regular meeting held on the day of.AJA G-otA )-t , 2002. ROLL CALL ,~ {p COUNCILMAN BIRD VOTED~ VOTED~ COUNCILWOMAN deWEERD COUNCILWOMAN McCANDLESS VOTED~ COUNCILMAN NARY VOTED~ Z:\Work\M\Meridian\Meridian I 5360M\Tuseany Lakes AZOZ-005 PPOZ-006 CUPOZ-006\FfClsOrdPP.doe MAYOR ROBERT D. CORRIE (TIE BREAKE)~).C:;L ftpPrDVe-ol.. ~ _ Copy served upon Applicant, The Planning and Zoning Department, Public Works Department and City Attorney. \\\\\\11111'1/1/ \\\ M 111I ....'\\ ~ Of EITIr- 1/"" ................ ~ <./4 "..;, ! () cp?PO~ ~ '1-- '\ Dated: ~-!J /(/21 ~ 0 \ &> ~ ~ &: ,CD ::: ~ 10 0'1' 15\ ' f? $ '/"... '=1 C\~ ....~..... "...." COU!\'fT" \\.1 ,........ 1/11 ,~ t l. \\,\ 1III/N!lBIIl"'" VOTED - By/~?~ 9- FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT TUSCANY LAKES SUBDIVISION / (PP-02-006) 14 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A PLANNED UNIT DEVELOPMENT FOR TUSCANY LAKES SUBDIVISION IN AN R-4 ZONE LOCATED WEST OF S. EAGLE ROAD AND SOUTH OF E. VICTORY ROAD, MERIDIAN, IDAHO GEM PARK II PARTNERSHIP, APPLICANT C/C 06/18/02 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. CUP-02-006 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT The above entitled conditional use pell11it application having come before the City Council on June 18, 2002 at the hour of 6:30 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and David McKinnon ofthe Planning and Zoning Department, Tom Kuntz of the Parks Department, Captain Bill Musser of the MPD, Fire Chief Kenny Bowers, Brad Watson of the Public Works Dept., Kent Brown, Patrick Dobie, Jim Allen, Sarah Groden, Herman Pullman, Doug Webb, Mary Morgner DeChambeau, and Becky Bowcutt, 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 1 Fact, Conclusions of Law and Decision and Order to-wit: FINDINGS OF FACT 1. A notice of a public hearing on the conditional use permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for June 18, 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 propeliy under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the propeliy 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 June J 8, 2002, public hearings; and the applicant, affected property owners, and govemment 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 967-6509,6512, 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 RUT Ada County 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 west of S. Eagle Road and south of E. Victory Road, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 2 Meridian, Idaho. 5. The owners ofrecord of the subject property are Marty Goldsmith, WaIter Simont and Raymond Smith, Jean and Richardson Burnett Family Trust, which persons are known as Farwest LLC. 6. Applicants are Gem Park II Partnership of Meridian, Idaho. 7. The subject property is currently zoned RUT Ada County. There is however an application for annexation and zoning to R-4 before the City Council. The zoning district ofR-4 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 development of a planned unit development consisting of 353 buildable lots and 31 common lots on 138.88 acres for proposed Tuscany Lakes Subdivision. The R-4 zoning designation within the City of Meridian Zoning and Development Ordinance requires a conditional use pennit 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. 11. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian, and Maps FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 3 and the Ordinance establishing the Impact Area Boundary. 12. Giving due consideration to the comment received from the govemmental 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: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: I. Applicant shall meet all of the requirements of the preliminary plat as a condition of the Conditional Use Permit. 2. All site improvements (landscaping, tot lot, ponds and inigation) for the proposed pathway shall be complete prior to the issuance of the 101sl occupancy permit within The "Tuscany Lakes" portion of the subdivision (proposed phases lA, 2A, 3A, 4A). The applicant shall be required to maintain the ponds in a manner that shall prevent the water from becoming stagnant or public nuisance (a mosquito breeding ground). 3. The remaining sections of the planned pathway running throughout the development shall be developed in accordance with the phasing schedule for the subdivision. 4. All development shall comply with the Americans with Disabilities Act and the Fair Housing Act. 5. No building permits shall be issued within the development until a final plat has been recorded for this subdivision. B. Adopt the Recommendations of ACHD as follows: 1. Dedicate 45-feet of right-of-way from the centerline of Locust Grove Road abutting the parcel by means of recordation of a final subdivision plat or execution of a wananty deed prior to issuance of a building pemlit (or other required petmits), whichever occurs first. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERM:IT - 4 2. Dedicate 35-feet ofright-of-way from the centerline of Victory Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. 3. Dedicate 48-feet of right-of-way from the centerline of Eagle Road abutting the parcel by means of recordation of a final subdivision plat or execution of a wananty deed prior to issuance of a building permit (or other required pelmits), whichever occurs first. 4. Construct a 5-foot wide concrete sidewalk on Locust Grove Road abutting the site. The sidewalk shall be located 2-feet within the new right-of-way of Locust Grove Road. 5. Construct a 5-foot wide concrete sidewalk on Victory Road abutting the site. The sidewalk shall be located 2-feet within the new right-of-way of Victory Road. 6. Construct a 5-foot wide concrete sidewalk on Eagle Road abutting the site. The sidewalk shall be located 2-feet within the new right-of-way of Eagle Road. 7. Construct a center turn lane on Locust Grove Road for the Dartmoor Drive intersection. Provide a minimum of 100- feet of storage with shadow tapers for both the approach and depatiure directions. Coordinate the design of the turn lane with District staff. 8. Construct a center turn lane on Victory Road for the Tuscany Way intersection. Provide a minimum of 100- feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. 9. Construct a center turn lane on Eagle Road for the Rome Drive intersection. Provide a minimum of 100-feet of storage with shadow tapers for both the approach and deparhIre directions. Coordinate the design of the hIrn lane with District staff. 10. Construct a right-turn acceleration lane and a right turn deceleration lane on Locust Grove Road for the Dartmoor Drive intersection. Coordinate the design of the deceleration lane with District staff. 11. Construct a right-turn acceleration lane on Victory Road for the Tuscany Way intersection. Coordinate the design of the deceleration lane with District staff. 12. Construct a right-turn acceleration lane and a right turn deceleration lane on Eagle Road for the Rome Drive intersection. Coordinate the design of the deceleration lane with District staff. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 5 13. Construct a main entrance, Dartmoor Drive, intersecting Locust Grove Road approximately 650-feet south ofthe north property line, as proposed. This roadway location meets District policy and is approved with this application. Dartmoor Drive shall be designed with ofa minimum 21-foot street section on either side ofa center median and shall be constructed a minimum of 4- feet wide to total a minimum of a 100- square foot area. The applicant will be required to dedicate 54-feet ofright-of-way plus the additional width of the median. 14. Construct a main entrance, Tuscany Way, intersecting Victory Road at the east property line, as proposed. This roadway location meets District policy and is approved with this application. Tuscany Way shall be designed with a minimum ofa 2 I-foot street section on either side of a center median and shall be constructed a minimum of 4-feet wide to total a minimum of a 100-square foot area. The applicant will be required to dedicate 54- feet of right-of-way plus the additional width of the median. 15. Construct a main entrance, Rome Drive, intersecting Eagle Road at the north property line, as proposed. This roadway location meets District policy and is approved with this application. Rome Drive shall be designed with a minimum of a 21-foot street section on either side of a center median shall be constructed a minimum of 4-feet wide to total a minimum ofa lOG-square foot area. The applicant will be required to dedicate 54-feet of right-of-way plus the additional width of the median. 16. Construct Rome Drive and Dm1moor Drive as a 33-foot street section within 50-feet of right-of-way with two II-foot travel lanes and two 4-foot bike lanes with veliica[ curb, gutter and 5-foot concrete sidewalk. Parking shall be restricted on both sides of these roadways, as proposed. Construct Dartmoor Drive as a 33-foot street section within 50- feet of right-of-way with two II-foot travel lanes and two 4-foot bike lanes with vertical curb and gutter on both sides of the roadway and a IO-foot asphalt pathway on the nOl1h side of the roadway (contingent upon the fact that the applicant will construct and maintain the pathway as a pmi of the homeowners association as well as the fact that the applicant construct a minimum 5-foot pathway (concrete or asphalt) on the south side of Dartmoor Drive abutting Lot 10 Block 5 that would connect pedestrians from South Cosmo Avenue to the pedestrians crossing located at the Ten Mile Creek Canal. 17. Unless otherwise approved, the applicant shall be required to construct all public roads within the subdivision as 36-foot street sections with curb, gutter, and 5-foot wide concrete sidewalks within 50-feet of right-of-way. If the sidewalk is outside of the right- of-way, the applicant shall provide an easement. IS. Constmct six Shlb streets, as proposed. . South Cosmo Avenue is proposed to stub to the south property line approximately 570-feet east of South Locust Grove Road. . South Lucca Avenue is proposed to stub to the north property line approximately 2,400-feet east of South Locust Grove Road. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERl\HT - 6 . South Pompeii Avenue is proposed to shlb to the south property line approximately 2,500-feet west of Eagle Road. . South Tiber Avenue is proposed to Shlb to the south propeliy line approximately 1,450-feet west of Eagle Road. . West San Marino Drive is proposed to sub to the east property line approximately 530-feet south of the n01ih propeliy line. . West Sicily Drive is proposed to stub to the east property line approximately Yz of a mile east of Eagle Road. 19. Install a sign at the tem,inus of the roadways stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street, and the design of the tumaround with District staff. 20. Constmct six knuckles, as proposed. . West Sicily Drive is proposed to have a knuckle on the north side of the roadway between South Arno Way and South Pisa Way. · There is a proposed knuckle at the northwest corner of West Milan Drive and South Turin Avenue. . There is a proposed knuckle at the southwest comer of West Meditenanean Drive and South Turin Drive. . There is a proposed knuckle at the northwest corner of South Turin Avenue and West Sicily Drive. · There is a proposed knuckle at the southwest comer of West Rome Drive and South Turin Avenue. · There is a proposed knuckle at the southeast comer of West Milan and South Palenllo Avenue. 21. If the knuckles propose a traffic island in the knuckle, the applicant shall be required to construct the traffic island in the knuckle with a minimum of 4-feet wide with a minimum area of 100-square feet and designed to safely channel traffic. The roadway around the traffic island shall maintain a minimum of a 29-foot street section. The design shall be reviewed and approved by ACHD's Planning and Development staff. 22. Constmct an ACHD approved turnaround at the end of West Genova Court, West Calabria Court, West Calabria Drive, West Meditenanean Court and South Crete Way. Submit a design of the tumaround for review and approval by District staff. 23. The turnarounds shall be constructed to provide a minimum turning radius of 45-feet and provide a minimum of a 29-toot street section on either side of any center islands within the turnarounds. Any medians shall be constmcted a minimum of 4-feet wide to total a minimum ofa 100-square foot area. Dedicate 54-feet of right-of-way plus the additional width of the median. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 7 24. Construct a non-circular turnaround at the west end of West Falcon Drive, as proposed. Submit a design of the turnaround for review and approval by District staff. 2S. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this shall be required on the final plat. 26. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. 27. Any existing irrigation facilities shall be relocated outside of the right-of-way. 28. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 29. Other than the three public streets specifically approved with this application, direct lot or parcel access to Locust Grove Road or VictOLY Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. 30. Comply with all the Standard Requirements listed in ACHD's report dated May 13,2002. C. Adopt the Nampa & Meridian Irrigation District Recommendations as follows: 1. Applicant shall apply for a Land Use Change Application tofiJe with the Irrigation District. 2. AU laterals and waste ways shall be protected and all municipal surface drainage shall be retained on site. If any surface drainage leaves the site, the District must review drainage plans. The developer must comply with Idaho Code 931-380S. 3. If the development plans a pressure urban inigation system that will be owned, operated and maintained by the District, then contact the District concerning the installation of the pressure system. Fill out a questionnaire and return it in order to initiate the process of contractual agreements between the owner or developer and the District for the ownership, operation and maintenance of the pressure urban inigation system. D. Adopt the Meridian Fire Department Recommendations as follows: I. One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for a duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart at approved locations. 2. The proposed school site will require a fire-flow of2,SOO gallons per minute available for duration of 2 hours at a residual pressure of 20 psi. Fire hydrants shall be placed an average of 400' apart. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERl\iIT - 8 3. Operational fire hydrants and temporary or pemlanent street signs are required before combustible construction begins. 4. Acceptance of water supply tor fire protection is contingent upon acceptance of the water system by the City of Meridian. 5. Final approval for fire hydrant location shall be by the Meridian Fire Department. 6. All turning radii shall be a minimum of 28' inside and 4W outside. 7. Insure that all yet undeveloped parcels are maintained free of combustible vegetation. 8. The roadways shall be built to Ada County Highway standards. 9. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have a turnaround. E. Adopt the Recommendations of the Central District Health Department as follows: 1. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Qual ity. 2. Run-off is not to create a mosquito breeding problem. 3. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 4. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stonnwater management system that prevents groundwater and surface water degradation. 13. It is found that the subject property is large enough to accommodate the requested use and all other required features. 14. It is found that the current Comprehensive Plan Land Use Map designates the property as Single-Family Residential. The proposed residential uses are harmonious with and in accordance with the Comprehensive Plan. The project meets the requirements and objectives ofthe Planned Development Ordinance. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 9 15. It is found that the design concept is compatible with the intended character of the area. The Generalized Land Use Map indicates that the City has planned for the area to be for single-family dwellings in the subject area. The change from the existing agricultural/rural use of the property will change the existing character of the sunounding area, but not in a manner that will adversely change the area. 16. It is not anticipated that the proposed project will have an adverse impact on the sunounding property.. 17. It is found that the initial phases ofthe proposed residential portion of this project can be adequately served once the new Well 23, within the Silverstone project, is on line (fall 2002), and the 12-inch diameter main is extended under the Ridenbaugh Canal (fall 2002). New mains will need to be extended from the current point of terminus in Eagle Road just north of the McDonald Lateral, to the subdivisions southerly boundary line extended in Eagle Road, and in Victory Road from Eagle to the Ridenbaugh Canal, and in Locust Grove from Sherbrook Hollows to the southerly boundary line extended. It is found that there will be problems providing adequate fire flows and pressures to the elementary school site without the addition of water supply. The City of Meridian currently owns land for a new well on the Eagle Road frontage near the Ridenbaugh Canal, however, with the addition of the new well within the Silverstone project, approximately Y2 mile nOlih, this site is not the best location for additional supply in the area. The applicant has provided land for a new well along the projects north boundary adjacent to Victory Road and the Ridenbaugh CanaL It is also found that from previous modeling of the sanitary sewer system, that the subdivision can be adequately served. Additionally, the below agencies add their following comments 011 the project: Fire- According to the Meridian Fire Depmiment letter written in regards to the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 10 Tuscany Lakes application(s), the proposed annexation lays outside the five (5) minute response zone goal. The five (5) minute response goal is intended to enhance the probability of a favorable outcome on a request for Basic Life Support. Also refer to the Fire Department comments for additional information. Police- Comprehensive Plan, Public Services Chapter, 6.8 reads as follows: "Police protection within the city limits. . .should be maintained according to the recommended service ratio of 1.6 to 1.8 police officers per 1,000 persons." With an estimated current population of39,000+ and operating budget for only 46 sworn officers, the cunent ratio is approximately 1.1 officers per 1,000 residents. Also refer to the Meridian Police Department comments conceming this application for additional comments. Joint School District No. 2- The Meridian School District is operating over capacity and the addition of the children from the proposed Tuscany Lakes Subdivision will have a significant impact on school enrollment. Also refer to the Joint School District No.2 letter dated 3-18-02 for more detailed information. ACHD- ACHD submitted their report dated May 13,2002 on the application, refer to the report for more details to their requirements. 18. It is found that the proposed use would not be detrimental to the economic welfare of the community, nor would it create excessive additional requirements for any new facilities or services to be paid for by the public. 19. It is found that other than a possible increase in traffic congestion, that no excessive noise, smoke, fumes, glare or odors will result from the proposed use. 20. It is found that the proposed uses may create significant interference with any traffic on the surrounding public streets unless improvements are made as recommended by the TIS and ACHD. Additionally, ACHD has addressed issues within their May 13,2002 report. 21. It is found that no natural or scenic feature wil1 be lost, damaged or destroyed by issuance of this conditional use. The Ridenbaugh Canal, Ten Mile Creek and Eight Mile Lateral are to remain open and will be improved with a pathway. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 11 CONCLUSIONS OF LAW 1. The City of Meridian shall exercise the powers confened upon it by the "Local Land Use Planning Act of 1975" hereinafter refened to for convenience as the "Act" codified at Chapter 65, Title 67, Idaho Code (LC. 967-6503). 2. The Meridian City Council may exercise all the powers required and authorized under the "Act" except the power to adopt ordinances by the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho Code Section 67-6504 which the City Council of the City of Meridian has established by the passage of the "City of Meridian Zoning and Development Ordinance" at Titles XI and XII, Chapter I, Meridian City Code. 3. As part of a zoning ordinance the City Council can, subject to hearing and notice provision required, provide for the process of special and/or conditional use permits which a proposed use is otherwise prohibited by the terms of the ordinance but allowed with conditions under the specific provisions of the ordinance which the City of Meridian has done in the adoption 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 will be hamlonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; c. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 12 area; d. That the proposed use, ifit complies with all conditions of the approval imposed, will not adversely affect other propeliy in the vicinity; e. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, sewer; or that the person responsible for the establishment of the proposed conditional use shall be able to provide adequately any such services; f. That the proposed use will not create excessive additional cost for public facilities and services and will not be detrimental to the economic welfare of the community; g. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; h. That the proposed use 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 nahlral, scenic or historic feature considered to be of major impOliance. 5. Prior to granting a conditional use permit in the Low Density Residential District (R-4), 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 permit all in accordance with the provisions of Meridian City Code 9 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 shal1 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERlVIIT - 13 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 permit it may impose 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 properly; E. Designate the exact location and nature ofthe 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 bas, 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERl\HT - 14 does hereby ORDER and this does Order that: 1. That the above named applicant is granted a conditional use permit for development of a planned unit development consisting of 353 buildable lots and 31 common lots on 138.88 acres for the proposed Tuscany Lakes Subdivision in an R-4 zone located west of S. Eagle Road and south ofE. Victory Road, Meridian, Idaho, subject to the following conditions of use and development, subject to the following: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. Applicant shall meet all of the requirements of the preliminary plat as a condition of the Conditional Use Permit. 2. All site improvements (landscaping, tot lot, ponds and irrigation) for the proposed pathway shall be complete prior to the issuance of the 101 sl occupancy permit within The "Tuscany Lakes" pOliion of the subdivision (proposed phases lA, 2A, 3A, 4A). The applicant shall be required to maintain the ponds in a manner that shall prevent the water from becoming stagnant or public nuisance (a mosquito breeding ground). 3. The remaining sections ofthe planned pathway running throughout the development shall be developed in accordance with the phasing schedule for the subdivision. 4. All development shall comply with the Americans with Disabilities Act and the Fair Housing Act. 5. No building permits shall be issued within the development until a final plat has been recorded for this subdivision. B. Adopt the Recommendations of ACHD as follows: 1. Dedicate 45-feet of right-of-way from the centerline of Locust Grove Road abutting the parcel by means of recordation of a final subdivision plat or execution of a wananty deed prior to issuance of a building permit (or other required permits), whichever occurs first. 2. Dedicate 35-feet ofright-of-way from the centerline of Victory Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERlVIIT - 15 3. Dedicate 48-feet of right-of-way from the centerline of Eagle Road abutting the parcel by means of recordation of a final subdivision plat or execution of a wananty deed prior to issuance of a building permit (or other required permits), whichever occurs first. 4. Construct a 5-foot wide concrete sidewalk on Locust Grove Road abutting the site. The sidewalk shall be located 2-feet within the new right-of-way of Locust Grove Road. 5. Construct a 5-foot wide concrete sidewalk on Victory Road abutting the site. The sidewalk shall be located 2-feet within the new right-of-way of Victory Road. 6. Construct a 5-foot wide concrete sidewalk on Eagle Road abutting the site. The sidewalk shall be located 2-feet within the new right-of-way of Eagle Road. 7. Construct a center turn lane on Locust Grove Road for the Dartmoor Drive intersection. Provide a minimum of 100- feet of storage with shadow tapers for both the approach and depaliure directions. Coordinate the design of the turn lane with District staff. 8. Construct a center turn lane on Victory Road for the Tuscany Way intersection. Provide a minimum of 100- feet of storage with shadow tapers for both the approach and depaliure directions. Coordinate the design of the turn lane with District staff. 9. Construct a center turn lane on Eagle Road for the Rome Drive intersection. Provide a minimum of] OO-feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. 10. Construct a right-turn acceleration lane and a right turn deceleration lane on Locust Grove Road for the Dartmoor Drive intersection. Coordinate the design of the deceleration lane with District staff. ll. Construct a right-turn acceleration lane on Victory Road for the Tuscany Way intersection. Coordinate the design of the deceleration lane with District staff. 12. Construct a right-turn acceleration lane and a right turn deceleration lane on Eagle Road for the Rome Drive intersection. Coordinate the design of the deceleration lane with District staff. 13. Construct a main entrance, Dartmoor Drive, intersecting Locust Grove Road approximately 650-feet south of the north property line, as proposed. This roadway location meets District policy and is approved with this application. Dartmoor Drive shall be designed with ofa minimum 21-foot street section on either side ofa center median and shall be constructed a minimum of 4-feet wide to total a minimum of a 100- square foot area. The applicant will be required to dedicate 54-feet of right-of-way plus the additional width of the median. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 16 14. Construct a main entrance, Tuscany Way, intersecting Victory Road at the east property line, as proposed. This roadway location meets District policy and is approved with this application. Tuscany Way shall be designed with a minimum of a 21- foot street section on either side of a center median and shall be constructed a minimum of 4-feet wide to total a minimum of a 100-square foot area. The applicant will be required to dedicate 54- feet of right-of-way plus the additional width of the median. 15. Construct a main entrance, Rome Drive, intersecting Eagle Road at the north property line, as proposed. This roadway location meets District policy and is approved with this application. Rome Drive shall be designed with a minimum ofa 21-foot street section on either side of a center median shall be constructed a minimum of 4-feet wide to total a minimum of a 100-square foot area. The applicant will be required to dedicate 54-feet of right-of-way plus the additional width of the median. 16. Construct Rome Drive and Dartmoor Drive as a 33-foot street section within 50-feet of right-of-way with two II-foot travel lanes and two 4-foot bike lanes with vertical curb, gutter and 5-foot concrete sidewalk. Parking shall be restricted on both sides of these roadways, as proposed. Construct Dmimoor Drive as a 33-foot street section within 50- feet of right-of-way with two II-foot travel lanes and two 4-foot bike lanes with vertical curb and gutter on both sides of the roadway and a lO-foot asphalt pathway on the nOlih side of the roadway (contingent upon the fact that the applicant will construct and maintain the pathway as a part ofthe homeowners association as well as the fact that the applicant construct a minimum 5-foot pathway (concrete or asphalt) on the south side of Dmimoor Drive abutting Lot 10 Block 5 that would connect pedestrians from South Cosmo Avenue to the pedestrian crossing located at the Ten Mile Creek CanaL 17. Unless otherwise approved, the applicant shall be required to construct all public roads within the subdivision as 36-foot street sections with curb, gutter, and 5-foot wide concrete sidewalks within 50-feet of right-of-way. If the sidewalk is outside of the right- of-way, the applicant shall provide an easement. IS. Construct six stub streets, as proposed. . South Cosmo Avenue is proposed to stub to the south property line approximately 570-feet east of South Locust Grove Road. . South Lucca Avenue is proposed to stub to the north property line approximately 2,400-feet east of South Locust Grove Road. . South Pompeii Avenue is proposed to stub to the south property line approximately 2,500-feet west of Eagle Road. . South Tiber Avenue is proposed to stub to the south property line approximately 1,450-feet west of Eagle Road. . West San Marino Drive is proposed to sub to the east property line approximately 530-feet south of the nOlth property line. . West Sicily Drive is proposed to stub to the east propelty line approximately 12 of a mile east of Eagle Road. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 17 19. Install a sign at the terminus of the roadways stating that, ItTHIS ROAD WILL BE EXTENDED IN THE FUTUREIt. Coordinate the sign plan for the stub street, and the design of the turnaround with District staff. 20. Construct six knuckles, as proposed. . West Sicily Drive is proposed to have a knuckle on the nOlih side of the roadway between South Arno Way and South Pisa Way. . There is a proposed knuckle at the northwest corner of West Milan Drive and South Turin Avenue. . There is a proposed knuckle at the southwest comer of West Mediterranean Drive and South Turin Drive. . There is a proposed knuckle at the northwest corner of South Turin Avenue and West Sicily Drive. . There is a proposed knuckle at the southwest comer of West Rome Drive and South Turin Avenue. . There is a proposed knuckle at the southeast comer of West Milan and South Palermo Avenue. 21. If the knuckles propose a traffic island in the knuckle, the applicant shall be required to construct the traffic island in the knuckle with a minimum of 4-feet wide with a minimum area of 100-square feet and designed to safely channel traffic. The roadway around the traffic island shall maintain a minimum of a 29-foot street section. The design shall be reviewed and approved by ACHD's Planning and Development staff. 22. Construct an ACHD approved tumaround at the end of West Genova COUli, West Calabria Court, West Calabria Drive, West Mediterranean COUli and South Crete Way. Submit a design of the turnaround for review and approval by District staff. 23. The turnarounds shall be constructed to provide a minimum turning radius of 45-feet and provide a minimum of a 29-foot street section on either side of any center islands within the turnarounds. Any medians shall be constructed a minimum of 4-feet wide to total a minimum of a 100-square foot area. Dedicate 54-feet of right-of-way plus the additional width ofthe median. 24. Construct a non-circular turnaround at the west end of West Falcon Drive, as proposed. Submit a design of the turnaround for review and approval by District staff. 25. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this shall be required on the final plat. 26. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERl\11T - 18 27. Any existing inigation facilities shall be relocated outside of the right-of-way. 28. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 29. Other than the three public streets specifically approved with this application, direct lot or parcel access to Locust Grove Road or Victory Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. 30. Comply with all the Standard Requirements listed in ACHD's report dated May 13,2002. C. Adopt the Nampa & Meridian Irrigation District Recommendations as follows: 1. Applicant shall apply for a Land Use Change Application to file with the Irrigation District. 2. All laterals and waste ways shall be protected and all municipal surface drainage shall be retained on site. If any surface drainage leaves the site, the District must review drainage plans. The developer must comply with Idaho Code 931-3805. 3. If the development plans a pressure urban irrigation system that will be owned, operated and maintained by the District, then contact the District concerning the installation of the pressure system. Fill out a questionnaire and return it in order to initiate the process of contractual agreements between the owner or developer and the District for the ownership, operation and maintenance of the pressure urban irrigation system. D. Adopt the Meridian Fire Department Recommendations as follows: 1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for a duration of2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart at approved locations. 2. The proposed school site will require a fire-flow of2,500 gallons per minute available for duration of 2 hours at a residual pressure of 20 psi. Fire hydrants shall be placed an average of 400' apart. 3. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 4. Acceptance of water supply for fire protection is contingent upon acceptance of the water system by the City of Meridian. 5. Final approval for fire hydrant location shall be by the Meridian Fire Department. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERM:IT - 19 6. All tuming radii shall be a minimum of 28' inside and 48' outside. 7. Insure that all yet undeveloped parcels are maintained free of combustible vegetation. 8. The roadways shall be built to Ada County Highway standards. 9. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have a turnaround. E. Adopt the Recommendations of the Central District Health Department as follows: 1. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 2. Run-off is not to create a mosquito breeding problem. 3. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 4. The Engineers and architects involved with the design ofthe subject project shall obtain current best management practices for stonnwater disposal and design a stOTInwater management system that prevents groundwater and surface water degradation. 2. The conditions shall be reviewable by the Council pursuant to Meridian City Code 9 11-17-9. 3. The above conditions are concluded to be reasonable and the applicant shal1 meet such requirements as a condition of approval of the application for a conditional use pennit. 4. That the City Attorney draft an Order Granting Conditional Use Pelmit 111 accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 20 pursuant to Idaho Code 9 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial ofthe conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the , fk-- f.p day of .A~~ ,2002. ROLL CALL: COUNCILMAN KEITH BIRD VOTED lft<< Q COUNCIL WOMAN TAMMY de WEERD VOTED~ COUNCIL WOMAN CHERIE Mc CANDLESS VOTED~ VOTEDL COUNCILMAN WILLIAM L.M. NARY MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED - DATED: 8-6-0 2...- MOTION: ~ APPROVED:. - . DISAPPROVED: Copy served upon Applicant, Planning and Zoning Department, Public Works Department and the City Attorney. DJ~.p/3crl c:;.. City Clerk Dated: - .... Z:\Work\M\Mcridiall\Mcridiall I 5360M\Tusca1lY Lakes AZ02-005 PP02-006 CUP02-006\FfClsCUP02-006.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 21 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A PLANNED UNIT DEVELOPMENT FOR TUSCANY LAKES SUBDIVISION IN AN R-4 ZONE LOCATED WEST OF S. EAGLE ROAD AND SOUTH OF E. VICTORY ROAD, MERIDIAN, IDAHO GEM PARK II PARTNERSHIP, APPLICANT C/C 06/18/02 ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. CUP-02-006 ORDER GRANTING CONDITIONAL USE PERMIT 1. This matter coming before the City Council on the June 18, 2002, under the provisions of Meridian City Code S 1 J -17-4 for final action on conditional use permit application and the Council having received and approving the Recommendation of the Planning and Zoning Commission the Council takes the following action: 2. That the above named applicant is granted a conditional use permit for development of a planned unit development consisting of 353 buildable lots and 31 common lots on 138.88 acres for the proposed Tuscany Lakes Subdivision in an R-4 zone located west of S. Eagle Road and south of E. Victory Road, Meridian, Idaho, subject to the following conditions of use and development A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as ORDER CONDITIONAL USE PERl\iIT (CUP-02-oo6) -1 follows: 1. Appl icant shall meet all of the requirements of the preliminary plat as a condition of the Conditional Use Permit. 2. AU site improvements (landscaping, tot lot, ponds and irrigation) for the proposed pathway shall be complete prior to the issuance of the 101 sl occupancy permit within The "Tuscany Lakes" portion of the subdivision (proposed phases lA, 2A, 3A, 4A). The applicant shall be required to maintain the ponds in a manner that shall prevent the water from becoming stagnant or public nuisance (a mosquito breeding ground). 3. The remaining sections ofthe plam1ed pathway running throughout the development shall be developed in accordance with the phasing schedule for the subdivision. 4. All development shall comply with the Americans with Disabilities Act and the Fair Housing Act. 5. No building permits shall be issued within the development until a final plat has been recorded for this subdivision. B. Adopt the Recommendations of ACHD as follows: 1. Dedicate 45-feet of right-of-way from the centerline of Locust Grove Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. 2. Dedicate 35-feet of right-of-way from the centerline ofVictOlY Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. 3. Dedicate 48-feet of right-of-way from the centerline of Eagle Road abutting the parcel by means of recordation ofa final subdivision plat or execution ofa waITanty deed prior to issuance of a building pem1it (or other required permits), whichever occurs first. 4. Construct a 5-foot wide concrete sidewalk on Locust Grove Road abutting the site. The sidewalk shall be located 2-feet within the new right-of-way of Locust Grove Road. 5. Construct a 5-foot wide concrete sidewalk on Victory Road abutting the site. The sidewalk shall be located 2-feet within the new right-of-way of Victory Road. 6. Construct a 5-foot wide concrete sidewalk on Eagle Road abutting the site. The sidewalk shall be located 2-feet within the new right-of-way of Eagle Road. ORDER CONDITIONAL USE PERl\iIT (CUP-02-oo6) -2 7. Construct a center turn lane on Locust Grove Road for the Dartmoor Drive intersection. Provide a minimum of 100- feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. 8. Construct a center turn lane on Victory Road for the Tuscany Way intersection. Provide a minimum of 100-feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. 9. Construct a center turn lane on Eagle Road for the Rome Drive intersection. Provide a minimum of 100-feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. 10. Construct a right-turn acceleration lane and a right turn deceleration lane on Locust Grove Road for the Dalimoor Drive intersection. Coordinate the design of the deceleration lane with District staff. 11. Construct a right-turn acceleration lane on Victory Road for the Tuscany Way intersection. Coordinate the design of the deceleration lane with District staff. 12. Construct a right-turn acceleration lane and a right turn deceleration lane on Eagle Road for the Rome Drive intersection. Coordinate the design ofthe deceleration lane with District staff. 13. Construct a main entrance, Dartmoor Drive, intersecting Locust Grove Road approximately 650-feet south ofthe north property line, as proposed. This roadway location meets District policy and is approved with this application. Dartmoor Drive shall be designed with ofa minimum 21-foot street section on either side ofa center median and shall be constructed a minimum of 4-feet wide to total a minimum of a 100- square foot area. The applicant will be required to dedicate 54-feet ofright-of-way plus the additional width ofthe median. 14. Construct a main entrance, Tuscany Way, intersecting Victory Road at the east property line, as proposed. This roadway location meets District policy and is approved with this application. Tuscany Way shall be designed with a minimum of a 21-foot street section on either side of a center median and shall be constructed a minimum of 4-feet wide to total a minimum of a 100-square foot area. The applicant will be required to dedicate 54- feet of right-of-way plus the additional width of the median. ORDER CONDITIONAL USE PERMIT (CUP-02-oo6) -3 15. Construct a main entrance, Rome Drive, intersecting Eagle Road at the north property line, as proposed. This roadway location meets District policy and is approved with this application. Rome Drive shall be designed with a minimum ofa 21-foot street section on either side of a center median shall be constructed a minimum of 4-feet wide to total a minimum of a 100-square foot area. The applicant will be required to dedicate 54-feet of right-of-way plus the additional width of the median. 16. Construct Rome Drive and Dmimoor Drive as a 33-foot street section within 50-feet of right-of-way with two II-foot travel lanes and two 4-foot bike lanes with vertical curb, gutter and 5-foot concrete sidewalk. Parking shall be restricted on both sides of these roadways, as proposed. Construct Dartmoor Drive as a 33-foot street section within 50- feet of right-of-way with two II-foot travel lanes and two 4-foot bike lanes with vertical curb and gutter on both sides of the roadway and a lO-foot asphalt pathway on the north side ofthe roadway (contingent upon the fact that the applicant will construct and maintain the pathway as a part ofthe homeowners association as well as the fact that the applicant construct a minimum 5-foot pathway (concrete or asphalt) on the south side of Dartmoor Drive abutting Lot 10 Block 5 that would connect pedestrians from South Cosmo A venue to the pedestrian crossing located at the Ten Mile Creek Canal. 17. Unless otherwise approved, the applicant shall be required to construct all public roads within the subdivision as 36-foot street sections with curb, gutter, and 5-foot wide concrete sidewalks within 50-feet of right-of-way. If the sidewalk is outside ofthe right- of-way, the applicant shall provide an easement. 18. Construct six stub streets, as proposed. . South Cosmo A venue is proposed to stub to the south property line approximately 570-feet east of South Locust Grove Road. . South Lucca Avenue is proposed to stub to the north property line approximately 2,400- feet east of South Locust Grove Road. . South Pompeii Avenue is proposed to Shlb to the south property line approximately 2,500-feet west of Eagle Road. . South Tiber Avenue is proposed to stub to the south property line approximately 1,450-feet west of Eagle Road. . West San Marino Drive is proposed to sub to the east property line approximately 530-feet south of the north property line. · West Sicily Drive is proposed to stub to the east property line approximately 12 of a mile east of Eagle Road. 19. Install a sign at the terminus ofthe roadways stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE II . Coordinate the sign plan for the stub street, and the design of the turnaround with District staff. ORDER CONDITIONAL USE PERMIT (CUP-02-oo6) -4 20. Construct six knuckles, as proposed. · West Sicily Drive is proposed to have a knuckle on the north side of the roadway between South Arno Way and South Pisa Way. . There is a proposed knuckle at the northwest comer of West Milan Drive and South Turin A venue. · There is a proposed knuckle at the southwest corner of West Mediterranean Drive and South Turin Drive. · There is a proposed knuckle at the northwest corner of South Turin Avenue and West Sicily Drive. · There is a proposed knuckle at the southwest corner of West Rome Drive and South Turin Avenue. · There is a proposed knuckle at the southeast corner of West Milan and South Palermo Avenue. 21. If the knuckles propose a traffic island in the knuckle, the applicant shall be required to construct the traffic island in the knuckle with a minimum of 4-feet wide with a minimum area of IOO-square feet and designed to safely channel traffic. The roadway around the traffic island shall maintain a minimum of a 29-foot street section. The design shall be reviewed and approved by ACHD's Planning and Development staff. 22. Construct an ACHD approved turnaround at the end of West Genova Comi, West Calabria Court, West Calabria Drive, West Mediterranean Court and South Crete Way. Submit a design of the turnaround for review and approval by District staff. 23. The turnarounds shall be constructed to provide a minimum turning radius of 45-feet and provide a minimum of a 29-foot street section on either side of any center islands within the turnarounds. Any medians shall be constructed a minimum of 4-feet wide to total a minimum of a 100-square foot area. Dedicate 54-feet of right-of-way plus the additional width of the median. 24, Construct a non-circular turnaround at the west end of West Falcon Drive, as proposed. Submit a design ofthe turnaround for review and approval by District staff. 25. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes ofthis shall be required on the final plat. 26. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. 27. Any existing irrigation facilities shall be relocated outside of the right-of-way. ORDER CONDITIONAL USE PERlVIIT (CUP-02-oo6) -5 28. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 29. Other than the three public streets specifically approved with this application, direct lot or parcel access to Locust Grove Road or Victory Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. 30. Comply with all the Standard Requirements listed in ACHD's report dated May 13,2002. C. Adopt the Nampa & Meridian Irrigation District Recommendations as follows: I. Applicant shall apply for a Land Use Change Application to file with the Inigation District. 2. All laterals and waste ways shall be protected and all municipal surface drainage shall be retained on site. If any surface drainage leaves the site, the District must review drainage plans. The developer must comply with Idaho Code 931-3805. 3. If the development plans a pressure urban irrigation system that will be owned, operated and maintained by the District, then contact the District conceming the installation of the pressure system. Fill out a questionnaire and return it in order to initiate the process of contractual agreements between the owner or developer and the District for the ownership, operation and maintenance of the pressure urban irrigation system. D. Adopt the Meridian Fire Department Recommendations as follows: 1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for a duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 4001 apart at approved locations. 2. The proposed school site will require a fire-flow of2,500 gallons per minute available for duration of 2 hours at a residual pressure of 20 psi. Fire hydrants shall be placed an average of 400' apart. 3. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 4. Acceptance of water supply for fire protection is contingent upon acceptance of the water system by the City of Meridian. 5. Final approval for fire hydrant location shall be by the Meridian Fire Department. 6. All turning radii shall be a minimum of28' inside and 48' outside. ORDER CONDITIONAL USE PERMIT (CUP-02-oo6) -6 7. Insure that all yet undeveloped parcels are maintained free of combustible vegetation. 8. The roadways shall be built to Ada County Highway standards. 9. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have a turnaround. E. Adopt the Recommendations of the Central District Health Department as follows: 1. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 2. Run-off is not to create a mosquito breeding problem. 3. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 4. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. 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 pernlit is not transferable without complying with the provisions of Meridian City Code S 11-17-8, a copy of which is attached to this pennit. By action ofthe City Council at its regular meeting held on the ~~ day of )tU~(A}st ob rt D. Corrie, Mayor City of Meridian ORDER CONDITIONAL USE PERMIT (CUP-02-oo6) -7 Copy served upon Applicant, the Planning and Zoning Department, Public Works DeQartment . \\\\tllllll/l and CIty Attorney. ,,\.\\\\\\Of MfFi,"""" " ..<:-{ 'I{)~ ...... " \."'\ /4 / j CJ ,cPfJ,polVj 7; ';p % ~ xs.* ~o S - - - - ~ ~ ByJl~P49- City Clerk Dated: $'-7-02- Z:\Work\M\Meridian\Meridian 15360M\Tuscany Lakes AZ02-005 PP02-006 CUP02-006\OrderCUP.doc ORDER CONDITIONAL USE PERl\1IT (CUP-02-oo6) -8 BEFORE THE MERIDIAN CITY COUNCIL C/C 07-16-02 IN THE MATTER OF THE ) APPLICATION OF SUTHERLAND ) FARM, INC., THE APPLICATION ) FOR ANNEXATION AND ZONING ) OF 127.74 ACRES FOR PROPOSED ) SUTHERLAND FARM, LOCATED ) A 1/2 MILE SOUTH OF ) OVERLAND ROAD ON THE EAST ) SIDE OF EAGLE ROAD, ) MERIDIAN, IDAHO ) Case No. AZ-02-004 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING The above entitled amlexation and zoning application having come on for public hearing on July 16, 2002, at the hour of 6:30 p.m., and Shari Stiles, Planning and Zoning Administrator, Gary Lee, Cassie Shelton, David Barclay, Pat Maley, Rodney Reyes, Amber Reyes, Joyce Roundy, Caroline Ranke, Tom Kuntz, and Gary Smith, appeared and testified, and the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT 1. There has been compliance with all notice and hearing requirements set forth in Idaho Code ~~ 67-6509 and 67-6511, and Meridian City Code SS 11-15-5 and 11-16-1. 2. The 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 ofthe City of Meridian adopted December 21, 1993, Ordinance No. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUTHERLAND FARM - (AZ-02-004) 629, January 4,1994, and maps and the ordinance Establishing the Impact Area Boundary. 3. The property which is the subject ofthe application for annexation and zoning is described in the application, and is approximately 127.74 acres in size, is located a 1/2 mile south of Overland Road on the east side of Eagle Road, all within the Area of Impact of the City of Meridian and the Meridian Urban Service Planning Area. 4. The owner of record ofthe subject property is Sutherland Farm, Inc., and the applicant is Sutherland Farm, Inc., of San Mateo, California. 5. The property is presently zoned by Ada County as RUT and R-l, and consists of vacant land. 6. The Applicant requests the property be zoned as R-4 for the property south ofthe Ridenbaugh Canal and C-G to the north ofthe Ridenbaugh Canal, with the intent to develop 308 building lots consisting of260 single family detached lots, 32 single-family attached lots, 11 office/multiple family lots, and five commercial lots, and 30 other lots consisting of a 4-acre park/pond, a 30' wide pathway adjacent to the Canal, alleys, an irrigation lot, tot lots, and landscaping lots, which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Mixed Residential and Single-Family Residential. 7. The subject property is bordered to the north and west by property within the City limits zoned R-4 and C-C and C-G, and to the east and south by Ada County property zoned RUT, R-l and R-4. 8. The Ridenbaugh Canal is a significant feature of major importance that affects the consideration of this application. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUTHERLAND FARM - (AZ-02-004) 9. The City Council recognizes the concerns of neighbors which were expressed at the Planning and Zoning meeting, and in their petition and/or letter dated January 26,2002, and May 11,2002, of Lee Coulson, of Dr. and Mrs. Scott H. Pressman dated May 11, 2002, of Mr. and Mrs. Loren E. Hornbaker received April 3, 2002, and of Carolyn Reinke dated July 5, 2002. 10. Giving due consideration to the comments 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: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. Essential City services are available to the subject property. 2. Remove any existing domestic wells and/or septic systems within this project from their domestic service per City Ordinance Section 5-7 -517 . Wells may be used for non- domestic purposes such as landscape irrigation. 3. A development agreement shall be required as part of this annexation request. Adopt the Recommendations of the ACHD as follows: 1. Dedicate 48-feet of right-of-way from the centerline of Eagle Road abutting the parcel by means of a warranty deed. The right-of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. 2. Dedicate 48-feet of right-of-way from the centerline of Victory Road abutting the parcel by means of a warranty deed. The right-of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. 3. Constmct a 5-foot wide detached concrete sidewalk on Eagle Road located 2-feet within the new right-of-way. Coordinate the location and elevation of the sidewalk with District staff. If the sidewalk meanders outside of the right-of-way, provide an easement for the sidewalk. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUTHERLAND FARM - (AZ-02-004) 4. Construct a 5-foot wide detached concrete sidewalk on Victory Road located 2-feet within the new right-of-way. Coordinate the location and elevation ofthe sidewalk with District staff. If the sidewalk meanders outside of the right-of-way, provide an easement for the sidewalk. 5. Construct a center turn lane on Eagle Road for the East Easy Jet Drive intersection or road trust for the improvements, whichever should occur first. The turn lane shall be constructed to provide a minimum of 100-feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. 6. Construct a center turn lane on Eagle Road or road trust for the improvements, whichever should occur first for the proposed shared driveway located on Eagle Road approximately 300-feet south ofthe north property line. The turn lane shall be constructed to provide a minimum of 1 DO-feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design ofthe turn lane with District staff. 7. Construct a center turn lane on Eagle Road for the East Copper Point Way intersection or road trust for the improvements, whichever should occur first. The turn lane shall be constructed to provide a minimum of 100- feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. 8. Construct a shared-driveway on Eagle Road for Lot 3, Block 2 and Lot 4, Block 2, as proposed. This proposed shared-driveway is located on Eagle Road approximately 300- feet south of the north property line. This proposed driveway meets District policy and is approved with this application. 9. Pave the driveway on Eagle Road that serves Lot 3, Block 2 and Lot 4, Block 2 its full width of 30 to 35-feet and at least 30-feet into the site beyond the edge of pavement of Eagle Road and install pavement tapers with IS-foot radii abutting the existing roadway edge. 10. Construct two main entrances to the subdivision, as proposed. The proposed main entrance locations meet cunent District policy and are approved with this application. a. East Easy Jet Drive is proposed to be located on Eagle Road approximately 850- feet south of the north property line and is proposed to align with Easy Jet Drive. East Easy Jet Drive shall be designed with 21-foot street sections on either side of a center median. The median shall be constructed a minimum of 4-feet wide (maximum 12- feet wide) to total a minimum of a 100-square foot area. The applicant will be required to dedicate 54-feet of right-of-way plus the additional width ofthe median. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUTHERLAND FARM - (AZ-02-004) b. South Bay Star Way is proposed to be located on Victory Road approximately 800-feet east of Eagle Road. South Bay Star Way shall be designed with 21-foot street sections on either side of a center median. The median shall be constructed a minimum of 4-feet wide (maximum 12-feet wide) to total a minimum of a 100- square foot area. The applicant will be required to dedicate 54-feet of right- of- way plus the additional width of the median. c. Construct Easy Jet Drive west of South Nephrite Way as a commercial/ industrial roadway, as proposed. The roadway shall be constructed as a 40-foot street section with curb, gutter, 5-foot wide concrete sidewalk within 54-feet of right- of- way. 11. Designated Easy Jet Drive between South Nephrite Way and South Proud Way as a residential collector street with no front-on housing. This roadway shall be constructed as 36-foot street sections with curb, gutter and 5-foot wide concrete sidewalks with access restrictions stated on the final plat. Unless othelwise noted, parking shall be prohibited on these street segments. Coordinate the signage plan with District staff. 12. Construct a commercial/industrial roadway that intersects East Copper Point Way approximately ISO-feet east of South Cobblestone Way, as proposed. This commercial! industrial roadway meets District policy and is approved with this application. The roadway shall be constructed as a 40-foot street section with curb, gutter, 5-foot wide concrete sidewalk within 54-feet of right-of-way. 13. Construct all public roads within the subdivision as 36-foot street sections with curb, gutter, and 5-foot wide concrete sidewalks within 50-feet of right-of-way, as proposed. 14. Extend Hol1andale Street, an existing stub street into the site at the east property line that is a part of the Muir Woods Subdivision, as proposed. Construct HoIlandale Street as a stub street with temporary bol1ards. A sign shall be placed on the bollards that states, "this road will become an open connection when a public road to Overland Road is constructed. " 15. Extend Knapp Drive, an existing stub street, into the site at the southproperty line, as proposed. Construct Knapp Drive as a stub street with temporary bollards. A sign shall be placed on the bollards that states, "this road will become an open connection when a public road to Overland Road is constructed." 16. Construct five stub streets, as proposed. · The first stub street, South Pond Way, is proposed to stub to the south property line approximately 1900-feet east of Eagle Road. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUTHERLAND FARM - (AZ-02-004) . The second stub street, South Mueyah Way, is proposed to stub to the south property line approximately 500-feet east of Eagle Road. · The third stub street, East Publisher Street, is proposed to stub to the west property line approximately 730-feet north of Victory Road. · The fourth stub street, North Knapp Avenue is proposed to stub to the north property line approximately 1,000-feet of the east property line. This stub street is proposed to cross the Ridenbaugh Canal. . The fifth stub street, East Copper Point Way is proposed to remain as a stub at the north property line approximately 1,250-feet west of the east property line. 17. Provide a paved temporary turnaround at the end of South Mureyah Way with a temporary easement provided to the District and install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street, and the design ofthe turnaround with District staff. 18. Submit preliminary drawings for the cost of constructing the bridge from Sutherland Fanns to the North property line. The applicant shall road trust for one half ofthe total cost of the plans, material and labor to construct the bridge. The road trust or the construction ofthe bridge shall be phased according to final platting and traffic wan-ants. 19. Constmct North Knapp Avenue as 36-foot street sections with curb, gutter and 5-foot wide concrete sidewalks. The applicant shall be designated this roadway as a residential collector street with no front-on housing with access restrictions for these street segments stated on the final plat. Unless otherwise noted, parking shall be prohibited on these street segments. Coordinate the signage plan with District staff. 20. Construct an alley located on South Nephrite Way north of East Rolfe Street, as proposed. The alley shall have a minimum of 16-feet of right-of-way and shall be improved by paving the full width and length ofthe right-of-way. Dedication of clear title to the right-of-way, improvement of the alley, and acceptance of the improvement by the District as meeting its construction standards are required for all alleys contained in a proposed development. 21. Construct ACHD approved turnarounds at the end of East Shergar Court, East Monel' Court, East Spur Court, South Halo Place, East Hillis Court, East Legal Place and the unnamed cul-de-sac roadway that extends south from East Copper Point Way. Submit a design of the turnaround for review and approval by District staff. 22. The residential turnarounds shall be constructed to provide a minimum turning radius of 45-feet and the commercial turnarounds shall be constructed to provide a minimum FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUTHERLAND FARM - (AZ-02-004) turning radius of 55-feet. The applicant shall also be required to provide a minimum of a 29-foot street section on either side of any proposed center islands within the turnarounds. The medians shall be constructed a minimum of 4-feet wide to total a minimum of a 100- square foot area. Dedicate 54-feet of right-of-way plus the additional width of the median. 23. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this shall be required on the final plat. 24. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. 25. Any existing irrigation facilities shall be relocated outside of the right-of-way. 26. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. 27. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 28. Other than the access points specifically approved with this application, direct lot or parcel access to Eagle Road and Victory Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. 29. Comply with all the Standard Requirements listed within the ACHD report with the date ofthe ACHD Commission Date - May 8, 2002. Adopt the Recommendations of the Meridian Fire Department as follows: 1. That a fire-flow consistent with Appendix ill-A of the Uniform Fire Code be provided to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix ill-A 2. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 3. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 4. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. 5. AU internal & external roads shall have a radius of28' inside and 48' outside radius. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUTHERLAND FARM - (AZ-02-004) 6. Insure that all yet undeveloped parcels are maintained free of combustible vegetation per section 1103.2.4 of the Uniform Fire Code. 7. The roadways shall be built to Ada County Highway Standards. 8. The proposed buildings & uses shall comply with the 1997 Uniform Fire Code. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: 1. If a pressure urban irrigation system will be owned, operated and maintained by the District, contact the District pertaining to the installation of the pressure urban system. 2. Fill out questionnaire and return to the District to initiate the process of contractual agreements between the owner or developer and the District for the ownership, operation and maintenance of the pressure urban irrigation system. Adopt the Recommendations of the Parks and Recreation Department as follows: 1. The neighborhood park located in Block 1, Lot 54 shall be far more functional and appealing as a subdivision amenity if the seven lots in the southeast corner were eliminated. Four of the seven lots have been deleted, and therefore, to allow for the 5- acre park, the three remaining lots in the southeast comer shall need to be deleted. This would expand the visibility corridor and increase the park size to approximately 5 acres. The Parks Department has a 5-acre minimum for a city owned Neighborhood Park. lfthe maintenance costs for the 5-acre private park were a burden for the homeowners in the future, the Parks Department would consider maintaining the site if it was deeded to the City. 2. The Pathway shall be constructed as follows: a. Ten-foot-wide hard surface with ground sterilent, 6 inch compacted road mix, and 2 inches of asphalt (specs available). b. Path shall be located at the base ofthe Ridenbaugh Canal bank or adjacent to the canal maintenance road. c. A 6-foot-high medal fence shall be installed between the path and the canal. d. The path shall be a minimum of 10feet from the back property lines. e. The property line fencing adjacent to the path shall be see through or a maximum of 4-feet-high, if solid. f. Bollards, garbage cans, and benches shall be installed per park department standards. Adopt the action of the City Council taken at their July 16,2002 meeting as foHows: 1. The applicant shall restrict the building of homes on Lots 12, 13 and 14 of Block 9 and FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUTHERLAND FARM - (AZ-02-004) Lots 5 and 6 of Block 9, and Block 15, Lots 12, 13 and 19, and Block 16, Lots 1,5,6, 7, 8,9, 10 and 11, not to exceed a peak height of25' or less. 2. The Memorandum of Understanding, dated June 13,2002, between the developer, Sutherland Farm, Inc. for Sutherland Farm Subdivision, and Mr. Gale Sasser, pertaining to the design elements for the interface between the two properties to ensure compatibility, shall be complied with by Sutherland Farm, Inc. as agreed upon between the two parties. 3. An 8 foot cedar fence shall be built along the entire length ofthe western and northern property boundaries. 4. Landscaping shall be extensive with a mixture of evergreen and deciduous trees and agreed upon between the applicant and adjacent property owners. 5. The applicant shall increase the rear setback of30 feet for Lots 2, 3, 4,5,6, 7, and 8 of Block 9. 6. The proposed bridge over the Ridenbaugh Canal shall require bonding by ACHD for construction of the bridge prior to signature on the final plat. ACHD shall determine a Letter of Credit amount that the applicant shall post to pay their portion of the construction ofthe bridge. 7. The site which lies west of the residential area, and the commercial general use area to the north, shall require conditional use permits. 8. Applicant shall install water along their frontage, and when the water is extended from Eagle Road through the development, the water shall be used for future phases, and shall be positioned along the public road that is planned for and when the first phase along ViCtOlY Road. The water shall be available to anyone adjacent to it on either end. 9. A Latecomers Fee for sewer service through the Silverstone Subdivision is required, and ifrequired, a Well Development Latecomers Fee shall be entered into. 10. Applicant shall provide temporary turnarounds for the designated stub streets which are over 150 feet in length. 11. Applicant has only submitted a conceptual plan on the office uses to date, at a later time applicant shall submit a detailed CUP for the planned development for the office uses. However, the commercial uses north ofthe Ridenbaugh Canal are not proposed to be part of the PD and shall be zoned separately. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUTHERLAND FARM - (AZ-02-004) 11. It is found that if the developer pays for the requested improvements and complies with the conditions set forth in these Findings of Fact No. 10, and all sub-parts, the economic welfare of the City and its residents and tax and rate payers will be protected, a condition of annexation and zoning designation. 12. It is also found that the development considerations as referenced in Finding No. 10 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. 13. It is found that the zoning ofthe subject real property as General Retail and Service Commercial (C-G) and Low Density Residential District (R-4) requires connection to the Municipal Water and Sewer systems and will be compatible with the Applicant's development intentions, and will assure that the zoning is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Mixed Residential. 14. The subject annexation request and zoning designation and proposed development relates to and is compatible with the goals and policies of the Comprehensive Plan of the City as follows: Goals Section Goal 4: To provide housing opportunities for all economic groups within the community. Goal 8: To establish compatible and efficient use of land through the use of innovative and functional site design. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUTHERLAND FARM - (AZ-02-004) Goal 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. Goal 9: To encourage a balance ofland use patterns to insure that revenues pay for services. Economic Development 1.1 The City of Meridian shall make every effort to create a positive atmosphere that encourages.. .commercial enterprises to locate in Meridian. 1.3 The character, site improvements and type of new commercial or industrial developments should be harmonized with the natural enviromnent and respect the unique needs and features of each area. 1.5 Strip industrial and commercial uses are not in compliance with the Comprehensive Plan. 3.1 U - Approve quality housing projects that meet the needs of all economic levels. 3.2U - Encourage efforts to develop and maintain quality neighborhoods and housing. . . Land Use 1.1 au Promote the design of attractive roadway entryway areas into Meridian which will clearly identify the community. 2.1 U - Support a variety of residential categories for the purpose of providing the City with a range of affordable housing opportunities. 2.4U - Encourage sidewalks and paved streets for aU existing neighborhoods. .. 3.7 Industrial uses which require the storage or the production of explosive or hazardous materials should not be located near residential areas, and should conform to disposal, spill and storage measures as outlined by the U.S. EP A. 4.3U Encourage new commercial development in under-utilized existing commercial areas. 5.9 The integrity and identity of any adjoining residential neighborhood should be preserved through the use of buffering teclmiques, including screen plantings, open space and other landscaping techniques. 5.12 Strip development within this mixed-use area is not in compliance with the goals and policies ofthe Comprehensive Plan. 5.13 Clustering of uses and controlled access points along arterials and collector streets will be required. 5.14 Because these areas are near 1-84 and Franklin Roads, high-quality visual appearance is essential. All development proposals in this area will be subj ect to development review guidelines and conditional use permitting procedures. Natural Resource & Hazardous Areas 2.1 U Development along major drainage ways will be restricted to ensure that development does not cause additional ground or surface water contamination. 3.1U Manage and prevent unsuitable uses along drainage ways and protect the flood plain of creeks and drains. 3.2U Protect the potential beauty and recreational trail opportunities of all Meridian waterways. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXA nON AND ZONING/SUTHERLAND FARM - (AZ-02-004) Community Design 1.3 Open space areas within all development should be encouraged. 1.4 Major entrances to the City should be enhanced and emphasized. Unattractive land uses along these entrances should be screened from view. 2.1 U Require businesses and government to install and maintain landscaping. 2.3U Encourage the beautification of streets, parking lots. . .etc. 6.2U - Pedestrian access connectors will be required in all new development to link subdivisions together to promote neighborhood identity. 6.11 U - Promote well-planned and well-designed affordable housing in all Meridian neighborhoods. Transportation Chapter 1.19U - Encourage proper design of residential neighborhoods to ensure their safety and tranquility. 1.14 - Design and performance standards should be applied to infilling development in order to reduce adverse impacts upon existing adj acent development. 1.18 - As Planned Development methods and standards are implemented by the City of Meridian, variations pertaining to planned development - maximum density, dimensional standards, and other requirements - shall not exceed 25% of the existing requirements, and shall be recommended when one or more of the Planned Development design and developmental objectives are met. 15. It is found that the requested zoning designations, R-4 to the south of the Ridenbaugh Canal and C-G to the north of the Ridenbaugh Canal, is harmonious with and in accordance with the adopted Comprehensive Plan and Generalized Land Use Map, which designates the land to be Mixed Residential and Single Family Residential. Although, the Schedule of Use Control (MCCII-8-1) states that only detached single-family dwellings are permitted within the R-4 zone, the Planned Development Ordinance allows a mixture of different housing types, (townhouses, duplexes and detached single-family dwellings) within a single planned development, regardless of the underlying zone, so long as the overall density of the underlying zone is not exceeded (MCC12-6-4 A). Accordingly, the overall density ofthe residential portion of the planned development is approximately three dwelling units per acre. 16. No plans to re-zone the property in the future have been presented, and it is not anticipated that an application for re-zone will be received in the future. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUTHERLAND FARM - (AZ-02-004) 17. It is found that Sutherland Farm will be developed in a manner that will be allowed under the new zoning and according to the Planned Development Standards. 18. It is found that recent approval ofthe annexation and zoning of Silverstone II on the nOlih side of the Ridenbaugh Canal would dictate that the adjacent property to the east should be similarly zoned and developed (as proposed). The Ridenbaugh Canal provides a natural buffer/separation between land uses. Muir Woods Subdivision to the east has provided a stub-street at the Sutherland Farm western property line in expectation of similar development. 19, It is found that general vicinity provides a mix 0 f commercial uses and standard to estate sized residential lots. The intended character of the vicinity, as noted on the Generalized Land Use Map, is for mixed housing projects, detached single-family lots and mixed uses north of the Ridenbaugh Canal. It is also found that the proposed uses can be designed and constructed in a manner that will be harmonious with and appropriate in appearance with the existing and intended character of the surrounding area. 20. It is not anticipated that the proposed uses will be hazardous or disturbing to future or existing neighbors. 21. It is found that the subject property will be served adequately by all essential public facilities and services, with the exception of water service. Computer modeling indicates that existing available fire flows and pressures will not be adequate to serve the Commercial/office/multi-fami1y area of the subdivision at present. The City of Meridian will be bringing a new supply well on line in the Silverstone project within the next six to eight months, and with the development ofthe Silverstone project, a new main will extend under the Ridenbaugh Canal. According to the computer model, once these two items are complete fire flows and FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUTHERLAND FARM - (AZ-02-004) pressures will be adequate to serve the higher demands of the above mentioned areas. 22. It is found that there will not be additional requirements at public cost and that the mmexation and zoning will not be detrimental to the community's economic welfare. 23. It is found that the proposed uses will create additional traffic on both Eagle and Victory Roads; however, sit is not believed that the increase in traffic will be excessive. It is also not anticipated that the proposed development will generate traffic, noise, smoke, odors or other nuisances that would be detrimental to the general welfare of the surrounding area. 24. It is found that the proposed vehicular approach on Eagle Road aligns with the existing entry into Thousand Springs Subdivision, and should not appreciably interfere with traffic on the sunounding streets. The other major access (Victory) and stub-streets provided for within the plat do not appear to be designed in a manner that would create interference with traffic on surrounding streets. The Applicant has provided a number of stub-streets to other properties for intercOlmectivity in the future. 25. It is found that no natural or scenic features of major importance will be lost or damaged by approval of this am1exation request. The overall design ofthe subj ect property includes a pathway adjacent to the Ridenbaugh Canal. 26. It is found that the mmexation ofthis property would be in the best interest of the City by providing a variety of housing types, the addition of employment opportunities and the creation of additional recreation facilities (pathways and a subdivision park). CONCLUSIONS OF LAW 1. The City of Meridian has authority to annex real property upon written request for mmexation and the real property being contiguous or adjacent to city boundaries and that said FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUTHERLAND FARM - (AZ-02-004) property lies within the area of city impact as provided by Idaho Code Section 50-222. The Meridian City Code S 11-16 provides the City may annex real property that is within the Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan. 2. The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 3. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Plmming Act of 1975", codified at Chapter 65, Title 67, Idaho Code by the adoption of the Comprehensive Plan City of Meridian adopted December 21, 1993, Ord. No. 629, January 4, 1994. 4. The following are found to be pertinent provisions of the City of Meridian Comprehensive Plan and are applicable to this Application: Goals Section Goal 4: To provide housing opportunities for all economic groups within the community. Goal 8: To establish compatible and efficient use of land through the use of innovative and functional site design. Goal 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. Goal 9: To encourage a balance ofland use patterns to insure that revenues pay for services. Economic Development 1.1 The City of Meridian shall make every effort to create a positive atmosphere that encourages.. .commercial enterprises to locate in Meridian. 1.3 The character, site improvements and type of new commercial or industrial developments should be harmonized with the natural enviromnent and respect the unique needs and features of each area. 1.5 Strip industrial and commercial uses are not in compliance with the Comprehensive Plan. 3.1 U - Approve quality housing projects that meet the needs of all economic levels. 3.2U - Encourage efforts to develop and maintain quality neighborhoods and housing. . . Land Use 1.1 au Promote the design of attractive roadway entryway areas into Meridian which will clearly FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUTHERLAND FARM - (AZ-02-004) identify the community. 2.1 U - Support a variety of residential categories for the purpose of providing the City with a range of affordable housing opportunities. 2.4U - Encourage sidewalks and paved streets for all existing neighborhoods. .. 3.8 Industrial uses which require the storage or the production of explosive or hazardous materials should not be located near residential areas, and should conform to disposal, spill and storage measures as outlined by the U.S. EP A. 4.3U Encourage new commercial development in under-utilized existing commercial areas. 5.9 The integrity and identity of any adjoining residential neighborhood should be preserved through the use of buffering techniques, including screen plantings, open space and other landscaping techniques. 5.15 Strip development within this mixed-use area is not in compliance with the goals and policies of the Comprehensive Plan. 5.16 Clustering of uses and controlled access points along arterials and collector streets will be required. 5.17 Because these areas are near 1-84 and Franklin Roads, high-quality visual appearance is essential. All development proposals in this area will be subject to development review guidelines and conditional use permitting procedures. Natural Resource & Hazardous Areas 2.1 U Development along major drainage ways will be restricted to ensure that development does not cause additional ground or surface water contamination. 3.1U Manage and prevent unsuitable uses along drainage ways and protect the flood plain of creeks and drains. 3.2U Protect the potential beauty and recreational trail opportunities of all Meridian waterways. Community Design 1.5 Open space areas within all development should be encouraged. 1.6 Major entrances to the City should be enhanced and emphasized. Unattractive land uses along these entrances should be screened from view. 2.1 U Require businesses and government to install and maintain landscaping. 2.3U Encourage the beautification of streets, parking lots. . .etc. 6.2U - Pedestrian access connectors will be required in all new development to link subdivisions together to promote neighborhood identity. 6.11 U - Promote well-planned and well-designed affordable housing in all Meridian neighborhoods. Transportation Chapter 1.19U - Encourage proper design of residential neighborhoods to ensure their safety and tranquility. 1.14 - Design and performance standards should be applied to infilling development in order to reduce adverse impacts upon existing adj acent development. 1.18 - As Planned Development methods and standards are implemented by the City of Meridian, variations pertaining to planned development - maximum density, dimensional standards, and other requirements - shall not exceed 25% of the existing requirements, and shall be recommended when one or more of the Planned Development design and developmental FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUTHERLAND FARM - (AZ-02-004) objectives are met. 5. The zoning of Low Density Residential District (R -4) and General Retail and Service Commercial (C-G) are defined in the Zoning Ordinance at 9 11-7-2 C and K as follows: (R-4) Low Density Residential District: Only single-family dwellings shall be permitted and no conditional uses shall be permitted except for planned residential development and public schools. The purpose ofthe R-4 District is to permit the establishment oflow density single-family dwellings, and to delineate those areas where predominantly residential development has, or is likely to occur in accord with the Comprehensive Plan of the City, and to protect the integrity of residential areas by prohibiting the intrusion of incompatible nomesidential uses. The R-4 District allows for a maximum of four (4) dwelling units per acre and requires connection to the Municipal water and sewer systems of the City. And C-G General Retail And Service Commercial District: The purpose of the C-G District is to provide for commercial uses which are customarily operated entirely or almost entirely within a building; to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need of travel-related services as well as retail sales for the transient and permanent motoring public. All such districts shall be c01mected to the Municipal water and sewer systems of the City, and shall not constitute strip commercial development and encourage clustering of commercial development. 6. Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. See Burt vs. The City ofIdaho Falls, 105 Idaho 65,665 P2d 1075 (1983). 7. The development of the annexed land, if annexed, shall meet and comply with the Ordinances of the City of Meridian including, but not limited to: Section 12-2-4 which pertains to development time schedules and requirements; Section 12-4-13, which pertains to the piping of ditches; and Section 12-5-2 N, which pertains to pressurized irrigation systems, and Zoning and Subdivision and Development Ordinance of the City of Meridian. 8. Pursuant to Section 11-16-4 A ofthe Zoning and Development Ordinance the owner FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 17 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUTHERLAND FARM - (AZ-02-004) and/or developer shall enter into a Development Agreement, if such is required by the City. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does Order: 1. The applicant's request for annexation and zoning of approximately 127.74 acres to Low Density Residential District (R-4) and General Retail and Service Commercial (C-G) is granted subject to the terms and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of 127.74 acres. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State ofIdaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686. 3. Developer shall be required to met the conditions set forth and in the event the conditions herein are not met by the Developer that the property shall be subject to de- annexation, with the City of Meridian, which provides for the following conditions of development, to-wit: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. Essential City services are available to the subject property. 2. Remove any existing domestic wells and/or septic systems within this project from their domestic service per City Ordinance Section 5 7 517 . Wells may be used for non- domestic purposes such as landscape inigation. 3. A development agreement shall be required as part of this annexation request. FINDlN"GS OF FACT AND CONCLUSIONS OF LAW - Page 18 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUTHERLAND FARM - (AZ-02-004) Adopt the Recommendations of the ACHD as follows: 1. Dedicate 48-feet of right-of-way from the centerline of Eagle Road abutting the parcel by means of a wananty deed. The right-of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required pennits), whichever occurs first. 2. Dedicate 48-feet of right-of-way from the centerline of Victory Road abutting the parcel by means of a warranty deed. The right-of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. 3. Construct a 5-foot wide detached concrete sidewalk on Eagle Road located 2-feet within the new right-of-way. Coordinate the location and elevation of the sidewalk with District staff. If the sidewalk meanders outside ofthe right-of-way, provide an easement for the sidewalk. 4. Construct a 5-foot wide detached concrete sidewalk on Victory Road located 2-feet within the new right-of-way. Coordinate the location and elevation of the sidewalk with District staff. lfthe sidewalk meanders outside of the right-of-way, provide an easement for the sidewalk. 5. Construct a center tumlane on Eagle Road for the East Easy Jet Drive intersection or road trust for the improvements, whichever should occur first. The turn lane shall be constructed to provide a minimum of 100- feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. 6. Construct a center turn lane on Eagle Road or road trust for the improvements, whichever should occur first for the proposed shared driveway located on Eagle Road approximately 300-feet south of the north property line. The turn lane shall be constructed to provide a minimum of 100-feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the tum lane with District staff. 7. Construct a center turn lane on Eagle Road for the East Copper Point Way intersection or road trust for the improvements, whichever should occur first. The turn. lane shall be constructed to provide a minimum of 100-feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. 8. Construct a shared-driveway on Eagle Road for Lot 3, Block 2 and Lot 4, Block 2, as proposed. This proposed shared-driveway is located on Eagle Road approximately 300- FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 19 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUTHERLAND FARM - (AZ-02-004) feet south of the north property line. This proposed driveway meets District policy and is approved with this application. 9. Pave the driveway on Eagle Road that serves Lot 3, Block 2 and Lot 4, Block 2 its full width of30 to 35-feet and at least 30-feet into the site beyond the edge of pavement of Eagle Road and install pavement tapers with 15-foot radii abutting the existing roadway edge. 10. Constmct two main entrances to the subdivision, as proposed. The proposed main entrance locations meet current District policy and are approved with this application. a. East Easy Jet Drive is proposed to be located on Eagle Road approximately 850- feet south ofthe north property line and is proposed to align with Easy Jet Drive. East Easy Jet Drive shall be designed with 21-foot street sections on either side of a center median. The median shall be constructed a minimum of 4-feet wide (maximum 12-feet wide) to total a minimum of a 100-square foot area. The applicant will be required to dedicate 54-feet of right-of-way plus the additional width of the median. b. South Bay Star Way is proposed to be located on Victory Road approximately SOO-feet east of Eagle Road. South Bay Star Way shall be designed with 2I-foot street sections on either side of a center median. The median shall be constructed a minimum of 4-feet wide (maximum 12-feet wide) to total a minimum of a 100- square foot area. The applicant will be required to dedicate 54-feet of right- of- way plus the additional width of the median. c. Constmct Easy Jet Drive west of South Nephrite Way as a commercial/ industrial roadway, as proposed. The roadway shall be constructed as a 40-foot street section with curb, gutter, 5-foot wide concrete sidewalk within 54-feet of right- of- way. 11. Designated Easy Jet Drive between South Nephrite Way and South Proud Way as a residential collector street with no front-on housing. This roadway shall be constructed as 36-foot street sections with curb, gutter and 5-foot wide concrete sidewalks with access restrictions stated on the final plat. Unless otherwise noted, parking shall be prohibited on these street segments. Coordinate the signage plan with District staff. 12. Construct a commercial/ industrial roadway that intersects East Copper Point Way approximately I50-feet east of South Cobblestone Way, as proposed. This commercial/ industrial roadway meets District policy and is approved with this application. The roadway shall be constructed as a 40-foot street section with curb, gutter, 5-foot wide concrete sidewalk within 54-feet of right-of-way. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 20 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUTHERLAND FARM - (AZ-02-004) 13. Construct all public roads within the subdivision as 36-foot street sections with curb, gutter, and S-foot wide concrete sidewalks within SO-feet of right-of-way, as proposed. 14. Extend HolIandale Street, an existing stub street into the site at the east property line that is a part ofthe Muir Woods Subdivision, as proposed. Construct Hollandale Street as a stub street with temporary bollards. A sign shall be placed on the bollards that states, "this road will become an open connection when a public road to Overland Road is constructed. " 15. Extend Knapp Drive, an existing stub street, into the site at the south property line, as proposed. Construct :K.napp Drive as a stub street with temporary bollards. A sign shall be placed on the bollards that states, "this road will become an open connection when a public road to Overland Road is constructed." 16. Construct five stub streets, as proposed. · The first stub street, South Pond Way, is proposed to stub to the south property line approximately 1900-feet east of Eagle Road. · The second stub street, South Mueyah Way, is proposed to stub to the south property line approximately SOO-feet east of Eagle Road. · The third stub street, East Publisher Street, is proposed to stub to the west property line approximately 730-feet north of Victory Road. · The fourth stub street, North Knapp Avenue is proposed to stub to the north property line approximately 1,OOO-feet of the east property line. This stub street is proposed to cross the Ridenbaugh Canal. · The fifth stub street, East Copper Point Way is proposed to remain as a stub at the north property line approximately I,2S0-feet west of the east property line. 17. Provide a paved temporary turnaround at the end of South Mureyah Way with a temporary easement provided to the District and install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street, and the design of the turnaround with District staff. 18. Submit preliminary drawings for the cost of constructing the bridge from Sutherland Farms to the North property line. The applicant shall road trust for one half of the total cost of the plans, material and labor to construct the bridge. The road trust or the construction of the bridge shall be phased according to final platting and traffic warrants. FINDINGS OF FACT AND CONCLUSIONS OF LAW ~ Page 21 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUTHERLAND FARM - (AZ-02-004) 19. Construct North Knapp Avenue as 36-foot street sections with curb, gutter and 5-foot wide concrete sidewalks. The applicant shall be designated this roadway as a residential collector street with no front-on housing with access restrictions for these street segments stated on the final plat. Unless otherwise noted, parking shall be prohibited on these street segments. Coordinate the signage plan with District staff. 20. Construct an alley located on South Nephrite Way north of East Rolfe Street, as proposed. The alley shall have a minimum of 16-feet of right-of-way and shall be improved by paving the full width and length of the right-of-way. Dedication of clear title to the right-of-way, improvement of the alley, and acceptance of the improvement by the District as meeting its construction standards are required for all alleys contained in a proposed development. 21. Construct ACHD approved turnarounds at the end of East Shergar Court, East Maner Court, East Spur Court, South Halo Place, East Hillis Court, East Legal Place and the unnamed cul-de-sac roadway that extends south from East Copper Point Way. Submit a design of the turnaround for review and approval by District staff. 22. The residential turnarounds shall be constructed to provide a minimum turning radius of 45-feet and the commercial turnarounds shall be constructed to provide a minimum turning radius of 55-feet. The applicant shall also be required to provide a minimum of a 29-foot street section on either side of any proposed center islands within the turnarounds. The medians shall be constructed a minimum of 4- feet wide to total a minimum of a 100- square foot area. Dedicate 54-feet of right-of-way plus the additional width ofthe median. 23. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this shall be required on the final plat. 24. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. 25. Any existing iITigation facilities shall be relocated outside of the right-of-way. 26. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. 27. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 28. Other than the access points specifically approved with this application, direct lot or parcel access to Eagle Road and Victory Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 22 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONlNG/SUTHERLAND FARM - (AZ-02-004) 29. Comply with all the Standard Requirements listed within the ACHD report with the date of the ACHD Commission Date - May 8,2002. Adopt the Recommendations of the Meridian Fire Department as follows: 1. That a fire-flow consistent with Appendix III-A of the Uniform Fire Code be provided to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A 2. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 3. Acceptance ofthe water supply for fire protection will be by the Meridian Water Department. 4. Final approval ofthe fire hydrant locations shall be by the Meridian Fire Department. 5. All internal & external roads shall have a radius of28' inside and 48' outside radius. 6. Insure that all yet undeveloped parcels are maintained free of combustible vegetation per section 1103.2.4 ofthe Uniform Fire Code. 7. The roadways shall be built to Ada County Highway Standards. 8. The proposed buildings & uses shall comply with the 1997 Uniform Fire Code. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: 1. If a pressure urban irrigation system will be owned, operated and maintained by the District, contact the District pertaining to the installation of the pressure urban system. 2. Fill out questiollllaire and return to the District to initiate the process of contractual agreements between the owner or developer and the District for the ownership, operation and maintenance of the pressure urban irrigation system. Adopt the Recommendations of the Parks and Recreation Department as follows: 1. The neighborhood park located in Block 1, Lot 54 shall be far more functional and appealing as a subdivision amenity if the seven lots in the southeast comer were eliminated. Four of the seven lots have been deleted, and therefore, to allow for the 5- acre park, the three remaining lots in the southeast comer shall need to be deleted. This would expand the visibility con-idor and increase the park size to approximately 5 acres. The Parks Department has a 5-acre minimum for a city owned Neighborhood Park. Ifthe FINDINGS OPFACT AND CONCLUSIONS OF LAW -Page 23 AND DECISION AND ORDER GRANTING APPUCA TION FOR ANNEXA nON AND ZONING/SUTHERLAND FARM - (AZ-02-004) maintenance costs for the 5-acre private park were a burden for the homeowners in the future, the Parks Department would consider maintaining the site if it was deeded to the City. 2. The Pathway shall be constructed as follows: a. Ten-foot-wide hard surface with ground sterilent, 6 inch compacted road mix, and 2 inches of asphalt (specs available). b. Path shall be located at the base of the Ridenbaugh Canal bank or adjacent to the canal maintenance road. c. A 6-foot-high medal fence shall be installed between the path and the canal. d. The path shall be a minimum of lOfeet from the back property lines. e. The property line fencing adjacent to the path shall be see through or a maximum of 4-feet-high, if solid. f. Bollards, garbage cans, and benches shall be installed per park department standards. Adopt the action of the City Council taken at their July 16, 2002 meeting as follows: 1. The applicant shall restrict the building of homes on Lots 12, 13 and 14 of Block 9 and Lots 5 and 6 of Block 9, and Block 15, Lots 12, 13 and 19, and Block 16, Lots 1, 5, 6, 7, 8,9, 10 and 11, not to exceed a peak height of25' or less. 2. The Memorandum of Understanding, dated June 13,2002, between the developer, Sutherland Farm, Inc. for Sutherland Farm Subdivision, and Mr. Gale Sasser, pertaining to the design elements for the interface between the two properties to ensure compatibility, shall be complied with by Sutherland Farm, Inc. as agreed upon between the two parties. 3. An 8 foot cedar fence shall be built along the entire length ofthe western and northern property boundaries. 4. Landscaping shall be extensive with a mixture of evergreen and deciduous trees and agreed upon between the applicant and adjacent property owners. 5. The applicant shall increase the rear setback of30 feet for Lots 2, 3, 4,5,6, 7, and 8 of Block 9. 6. The proposed bridge over the Ridenbaugh Canal shall require bonding by ACHD for construction of the bridge prior to signature on the final plat. ACHD shall determine a Letter of Credit amount that the applicant shall post to pay their portion of the construction of the bridge. 7. The site which lies west of the residential area, and the commercial general use area to the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 24 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUTHERLAND FARM - (AZ-02-004) north, shall require conditional use permits. 8. Applicant shall install water along their frontage, and when the water is extended from Eagle Road through the development, the water shall be used for future phases, and shall be positioned along the public road that is planned for and when the first phase along Victory Road. The water shall be available to anyone adjacent to it on either end. 9. A Latecomers Fee for sewer service through the Silverstone Subdivision is required, and if required, a Well Development Latecomers Fee shall be entered into. 10. Applicant shall provide temporary turnarounds for the designated stub streets which are over 150 feet in length. 11. Applicant has only submitted a conceptual plan on the office uses to date, at a later time applicant shall submit a detailed CUP for the planned development for the office uses. However, the conunercial uses north of the Ridenbaugh Canal are not proposed to be part of the PD and shall be zoned separately. 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 Low Density Residential District (R-4) and General Retail and Service Commercial District (C-G), and Meridian City Code 9 11-7-2 C and K. 5. Subsequent to the passage ofthe 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 9 11-21-1 in accordance with the provisions of the annexation and zoning ordinance. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian. Pursuant to Idaho Code S 67-6521 an affected person is a person who has 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 25 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUTHERLAND FARM - (AZ-02-004) provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the 6 -fA-.- day of /lu fjur..,L- v ,2002. ROLL CALL COUNCILMAN KEITH BIRD VOTED ~C<- COUNCILWOMAN TAMMY deWEERD VOTED$^- COUNCILWOMAN CHERIE Mc CANDLESS VOTED~ COUNCILMAN WILLIAM L.M. NARY VOTED~tL MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: g-6 -&2- VOTED - MOTION: APPROVED~APPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Warks Department and the City Attorney. B ted: ~ -;- ~ GIG: ,0 0 :: %. Oq ..;:r 18\ . $!" " -y _. 6)'" "/// Cell ,. '~-v '\ \"..... Z:\Work\M\Mcridian\Mcl'idian I 5360M\Suthcl'land Fal'mAZ-02-004 PP-02-004 CUP-02-005\AZFfCl&&Ner~d~c. '. ,,',\\,,, FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 26 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUTHERLAND FARM - (AZ-02-004) ( BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 07/16/02 IN THE MATTER OF THE ) REQUEST FOR PRELIMINARY ) PLAT FOR SUTHERLAND FARM ) SUBDIVISION, LOCATED A 1/2 ) MILE SOUTH OF OVERLAND ) ROAD ON THE EAST SIDE OF ) EAGLE ROAD, MERIDIAN, IDAHO ) ) ) BY: SUTHERLAND FARM, INC., ) APPLICANT ) ) Case No. PP-02-004 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT ~. ~/lP~oL The above entitled matter coming on regularly for public hearing before the City Council on July 16,2002, and Shari Stiles, Planning and Zoning Administrator, Gary Lee, Cassie Shelton, David Barclay, Pat Maley, Rodney Reyes, Amber Reyes, Joyce Roundy, Caroline Ranke, Tom Kuntz, and Gary Smith, appeared and testified, and the City Council having received a report from David McKinnon Planner II for Planning and Zoning, and Bruce Freckleton, Engineering Technician III, and the City Council having received as part of the record ofthis matter the recommendation to City Council of the Plalll1ing and Zoning Commission and the applicant having submitted the "PRELIMINARY PLAT FOR SUTHERLAND FARM SUBDNISION A PLANNED UNIT DEVELOPMENT, A PORTION OF SECTION 21, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO, PRELIMINARY PLAT SUTHERLAND FARM SUBDIVISION A PLANNED UNIT DEVELOPMENT, SUTHERLAND FARM, INC., DRAWN BY: EL, DESIGN BY: BAP, CHECKED BY: GAL, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPRQV AL OF PRELlMINARY PLAT SUTHERLAND FARM SUBDIVISION / (pP-02-004) 1 PROJECT NO. 11678, DRAWING NO. 11678ppl, SHEET 1 OF 3, J-U-B ENGINEERS, INC.", submitted for preliminary plat approval and which preliminary plat for approval application is herein received and adjudged by the City Council pursuant to Meridian City Code S 12-3-3. Therefore the City Council makes the following findings: FINDINGS OF FACT 1. That the proposed development is in conformance with the Comprehensive Plan by reason of the fact that it lies within the existing Urban Area as defined in the Meridian Comprehensive Plan Generalized Land Use Map, Infrastructure Planning Analysis Comprehensive Plan and Map, adopted December 21, 1993, and the property is presently zoned Low Density Residential District (R-4) and General Retail and Service Commercial District (C- G), and requires connection to the Municipal Water and Sewer System. [Meridian City Code S 11-7-2 C and K] 2. The preliminary plat is in conformance with the Comprehensive Plan City of Meridian adopted December 21, 1993, Ordinance No. 629. 3. It is determined that Urban Services can be made available to accommodate the proposed development ifthe plat complies with the requirements and conditions hereinafter set forth as conditions of preliminary plat approval. 4. The proposed development is a continuity of the proposed development within the City's Capital Improvement Program and ifthe conditions which are requested by the Planning and Zoning Administrator and the Engineering Teclmician III and as proposed by the developer as stated on the preliminary plat there will be public financial capability of supporting services FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SUTHERLAND FARM SUBDIVISION / (pP-02-004) 2 for the proposed development. 5. The development if built in accordance with the conditions and as proposed, will not create health, safety or environmental problems and there have been no specifics of any such concerns brought to the Council's attention. 6. It is found that the Recommendation To City Council of the Planning and Zoning Commission is reasonable and appropriate for the conditions of approval of the preliminary plat as hereinafter set forth. 7. The applicant has submitted for consideration oft11is approval drawing of the preliminary plat herein designated as: "PRELIMINARY PLAT FOR SUTHERLAND FARM SUBDIVISION A PLANNED UNIT DEVELOPMENT, A PORTION OF SECTION 21, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO, PRELIMINARY PLAT SUTHERLAND FARM SUBDIVISION A PLANNED UNIT DEVELOPMENT, SUTHERLAND FARM, INC., DRAWN BY: EL, DESIGN BY: BAP, CHECKED BY: GAL, PROJECT NO. 11678, DRAWING NO. 11678pp1, SHEET 1 OF 3, J-U- B ENGINEERS, INC." DECISION AND ORDER Pursuant to the City Council's authority as provided in Meridian City Code ~ 12- 3-5 and based upon the above and foregoing Findings of Fact which are herein adopted: IT IS HEREBY ORDERED AND THIS DOES ORDER 1. The Preliminary Plat of the applicant as evidenced by "PRELIMINARY PLAT FOR SUTHERLAND FARM SUBDIVISION A PLANNED UNIT DEVELOPMENT, A FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SUTHERLAND FARM SUBDNISION / (pP-02-004) 3 ( PORTION OF SECTION 21, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO, PRELIMINARY PLAT SUTHERLAND FARM SUBDIVISION A PLANNED UNIT DEVELOPMENT, SUTHERLAND FARM, INC., DRAWN BY: EL, DESIGN BY: BAP, CHECKED BY: GAL, PROJECT NO. 11678, DRAWING NO. 11678ppl, SHEET 1 OF 3, J-U-B ENGINEERS, INC.", DEVELOPER is hereby conditionally approved; and 2. The conditions of approval are as follows to-wit: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. Sanitary sewer and water service to this site shall be via new main extensions from the existing mains adjacent to the property. Computer modeling indicates that existing available fire flows and pressures shall not be adequate to serve the Commercial/office/multi-family area of the subdivision at present. The City of Meridian will be bringing a new supply well on line in the Silverstone project within the next six to eight months, and with the development ofthe Silverstone project, a new main will extend under the Ridenbaugh Canal. According to the computer model, once these two items are complete fire flows and pressures shall be adequate to serve the higher demands of the above mentioned areas. 2. The submitted landscape plan includes conifers located in the required street buffer along Eagle Road. This is in violation of the Landscape Ordinance; however, the inclusion of the pine trees at this location shall be permitted because conifers were permitted as part of the Silverstone Corporate Center landscaping, immediately adjacent to the Sutherland Farms project on Eagle Road. 3. Fencing details shall be submitted with the Final Plat application. Fencing adjacent to pathways or the private park shall not be over three feet in height if constructed of a solid material, and shall not be more than 4 feet in height if it is non-sight obscuring. 4. Perf0l111ance specifications for the common area pressurized irrigation system shall be submitted with the Final Plat application. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SUTHERLAND FARM SUBDNISION ! (pP-02-004) 4 5. The addition of a micro-path, in accordance with the Landscape Ordinance, that runs between Lots 4, 5 and Lots16 and 17 of Block 18. 6. The addition of a micro-path, in accordance with the Landscape Ordinance, that separates Lots 9 and 10 of Block 19. The micro-path shall continue though Lot 1 of Block 19. 7. There shall be a minimum separation of ten (10) feet between unattached buildings. 8. Applicant shall add a note to the face of the plat requiring all single family detached houses to provide a minimum of 1,400 square feet of living space, excluding the garage. 9. The required landscaping and irrigation system on Victory Road shall be installed prior to the issuance of a Certificate of Occupancy for any building on any lot created by the subdivision. Landscaping and fencing shall be bonded for prior to applying for building permits. 10. The Applicant shall coordinate pathway construction requirements along the Ridenbaugh Canal with the City's Parks Director, Tom Kuntz 11. The Applicant shall coordinate with ACHD concerning the requirements and construction of the Bridge over the Ridenbaugh Canal 12. The phasing schedule shall apply to the residential portions of the subdivision only. If the Applicant/developer determines that the office/multi- family or C-G zoned property can or should be developed in an order that is not consistent with the phasing schedule, they may request final plat approval of said phases in a non-sequential manner without revising the preliminary plat. All development, however, must be contiguous to a previously approved phase. 13. Applicant shall submit a copy ofthe Ada County Street Name Committee's final approval letter for the subdivision name, and the lot and block numbering and shall make any corrections necessary to conform. 14. Applicant shall coordinate fire hydrant placement with the City of Meridian Public Works Department. 15. A letter of credit or cash surety in the amount of 110% shall be required for all fencing, landscaping, pressurized irrigation, sanitary sewer, water, FINDlNGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMlNAR Y PLAT SUTHERLAND FARM SUBDIVISION / (pP-02-004) 5 etc., prior to signature on the final plat. 16. One-hundred-watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. All streetlights shall be installed at Applicant's expense. Typical locations are at street intersections and/or fire hydrants. 17. All inigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13, excluding the Ridenbaugh Canal. The ditches to be piped shall be shown on the site plans. Plans shall be approved by the appropriate inigationldrainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 18. Remove any existing domestic wells and/or septic systems within this project from their domestic service per City Ordinance Sections 9-1-4 and 9-4-8 . Wells may be used for non-domestic purposes such as landscape irrigation. 19. Slopes within drainage lots are not to exceed a ratio of3:1. 20. That the bollards in the stub road and Knapp Road to Muir Wood subdivision are put into place and remain until such time as Sutherland Farm has access to Overland Road. 21. That restrictions be placed upon all structures constructed on the following lots: Lots 12, 13 and 14 of Block 9 and Lots 5 and 6 of Block 9, and Block 15, Lots 12, 13 and 19; Block 16, Lots 1,5,6, 7, 8, 9, 10 and 11, that such restrictions include not to exceed a peak height of 25' or less. 22. That the June 13,2002 Memorandum of Understanding between Applicant and neighboring property owner, Gail Sasser, be incorporated in its entirety. 23. That the cedar fence which is planned to be placed between Sutherland Farm and the Sasser property be placed at a height of 8' instead of the originally intended 6'. 24. That setbacks on Lots 2,3,4,5,6, 7, and 8 of Block 9 be increased to 30' . FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SUTHERLAND FARM SUBDIVISION / (pP-02-004) 6 25. That pursuant to an agreement between Applicant and neighboring property owners, Herb and Kathleen Papenfuss, the Papenfuss property shall be given access to Easy Jet Road. Adopt the Recommendations of ACHD as follows: 1. Dedicate 48- feet of right-of-way from the centerline of Eagle Road abutting the parcel by means of a warranty deed. The right-of-way purchase and sale agreement and deed must be completed and signed by the Applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. 2. Dedicate 48-feet of right-of-way from the centerline of Victory Road abutting the parcel by means of a warranty deed. The right-of-way purchase and sale agreement and deed must be completed and signed by the Applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. 3. Construct a 5-foot wide detached concrete sidewalk on Eagle Road located 2-feet within the new right-of-way. Coordinate the location and elevation ofthe sidewalk with District staff. lfthe sidewalk meanders outside of the right-of-way, provide an easement for the sidewalk. 4. Construct a 5-foot wide detached concrete sidewalk on Victory Road located 2-feet within the new right-of-way. Coordinate the location and elevation of the sidewalk with District staff. lfthe sidewalk meanders outside ofthe right-of-way, provide an easement for the sidewalk. 5. Construct a center turn lane on Eagle Road for the East Easy Jet Drive intersection or road trust for the improvements, whichever should occur first. The turn lane shall be constructed to provide a minimum of 100- feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. 6. Construct a center turn lane on Eagle Road or road trust for the improvements, whichever should occur first for the proposed shared driveway located on Eagle Road approximately 300-feet south of the north property line. The turn lane shall be constructed to provide a minimum of 100- feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SUTHERLAND FARM SUBDNISION I (pP-02-004) 7 7. Construct a center turn lane on Eagle Road for the East Copper Point Way intersection or road trust for the improvements, whichever should occur first. The turn lane shall be constructed to provide a minimum of lOa-feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design ofthe turn lane with District staff. 8. Construct a shared-driveway on Eagle Road for Lot 3, Block 2 and Lot 4, Block 2, as proposed. This proposed shared-driveway is located on Eagle Road approximately 300-feet south of the north property line. This proposed driveway meets District policy and is approved with this application. 9. Pave the driveway on Eagle Road that serves Lot 3, Block 2 and Lot 4, Block 2 its full width of30 to 35-feet and at least 30-feet into the site beyond the edge of pavement of Eagle Road and install pavement tapers with IS-foot radii abutting the existing roadway edge. 10. Construct two main entrances to the subdivision, as proposed. The proposed main entrance locations meet current District policy and are approved with this application. . East Easy Jet Drive is proposed to be located on Eagle Road approximately 850-feet south of the north property line and is proposed to align with Easy Jet Drive. East Easy Jet Drive shall be designed with 21- foot street sections on either side of a center median. The median shall be constructed a minimum of 4-feet wide (maximum 12-feet wide) to total a minimum of a 1 aD-square foot area. The Applicant will be required to dedicate 54-feet of right-of-way plus the additional width ofthe median. · South Bay Star Way is proposed to be located on Victory Road approximately SOD-feet east of Eagle Road. South Bay Star Way shall be designed with 21-foot street sections on either side of a center median. The median shall be constructed a minimum of 4-feet wide (maximum 12-feet wide) to total a minimum of a 1 aD-square foot area. The Applicant will be required to dedicate 54-feet of right-of-way plus the additional width of the median. . Construct Easy Jet Drive west of South Nephrite Way as a commercial / industrial roadway, as proposed. The roadway shall be constructed as a 40-foot street section with curb, gutter, 5-foot wide concrete sidewalk within 54-feet of right-of-way. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SUTHERLAND FARM SUBDIVISION / (pP-02-004) 8 11. Designate Easy Jet Drive between South Nephrite Way and South Proud Way as a residential collector street with no front-on housing. This roadway shall be constructed as 36-foot street sections with curb, gutter and 5-foot wide concrete sidewalks with access restrictions stated on the final plat. Unless otherwise noted, parking shall be prohibited on these street segments. Coordinate the signage plan with District staff. 12. Construct a commercial/industrial roadway that intersects East Copper Point Way approximately ISO-feet east of South Cobblestone Way, as proposed. This commercial/industrial roadway meets District policy and is approved with this application. The roadway shall be constructed as a 40-foot street section with curb, gutter, 5-foot wide concrete sidewalk within 54-feet of right-of-way. 13. Construct all public roads within the subdivision as 36-foot street sections with curb, gutter, and 5-foot wide concrete sidewalks within 50-feet of right-of-way, as proposed. 14. Extend Hollandale Street, an existing stub street into the site at the east property line that is a part of the Muir Woods Subdivision, as proposed. Construct Hollandale Street as a stub street with temporary bollards. A sign shall be placed on the bollards that states, "this road will become an open connection when a public road to Overland Road is constructed." 15. Extend Knapp Drive, an existing stub street, into the site at the south property line, as proposed. Construct Knapp Drive as a stub street with temporary bollards. A sign shall be placed on the bollards that states, "this road will become an open connection when a public road to Overland Road is constructed." 16. Construct five stub streets, as proposed. · The first stub street, South Pond Way, is proposed to stub to the south property line approximately 1900-feet east of Eagle Road. . The second stub street, South Mueyah Way, is proposed to stub to the south property line approximately 500-feet east of Eagle Road. . The third stub street, East Publisher Street, is proposed to stub to the west property line approximately 730-feet north of Victory Road. . The fourth stub street, North Knapp A venue is proposed to stub to the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SUTHERLAND FARM SUBDNISION / (pP-02-004) 9 north property line approximately 1,OOO-feet ofthe east property line. This stub street is proposed to cross the Ridenbaugh CanaL . The fifth stub street, East Copper Point Way is proposed to remain as a stub at the north property line approximately 1,250-feet west of the east property line. 17. Provide a paved temporary turnaround at the end of South Mureyah Way with a temporary easement provided to the District and install a sign at the terminus of the roadway stating that, rrTHIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street, and the design of the turnaround with District staff. 18. Submit preliminary drawings for the cost of constructing the bridge from Sutherland Farms to the North property line. The Applicant shall road trust for one half of the total cost ofthe plans, material and labor to construct the bridge. The road trust or the construction of the bridge shall be phased according to final platting and traffic warrants. 19. Construct North Knapp Avenue as 36-foot street sections with curb, gutter and 5-foot wide concrete sidewalks. The Applicant shall designate this roadway as a residential collector street with no front-on housing with access restrictions for these street segments stated on the final plat. Unless otherwise noted, parking shall be prohibited on these street segments. Coordinate the signage plan with District staff. 20. Construct an alley located on South Nephrite Way north of East Rolfe Street, as proposed. The alley shall have a minimum of 16-feet of right- of-way and shall be improved by paving the full width and length ofthe right-of-way. Dedication of clear title to the right-of-way, improvement of the alley, and acceptance of the improvement by the District as meeting its construction standards are required for all alleys contained in a proposed development. 21. Construct ACHD approved turnarounds at the end of East Shergar Court, East Moner Court, East Spur Court, South Halo Place, East Hillis Court, East Legal Place and the unnamed cul-de-sac roadway that extends south from East Copper Point Way. Submit a design of the turnaround for review and approval by District staff. 22. The residential turnarounds shall be constructed to provide a minimum turning radius of 45-feet and the commercial turnarounds shall be constructed to provide a minimum turning radius of 55-feet. The FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SUTHERLAND FARM SUBDNISION / (pP-02-004) 10 Applicant shall also be required to provide a minimum of a 29-foot street section on either side of any proposed center islands within the turnarounds. The medians shall be constructed a minimum of 4-feet wide to total a minimum of a 100-square foot area. Dedicate 54-feet of right- of-way plus the additional width of the median. 23. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this shall be required on the final plat. 24. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction ofthe proposed development. 25. Any existing irrigation facilities shall be relocated outside of the right-of- way. 26. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. 27. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 28. Other than the access points specifically approved with this application, direct lot or parcel access to Eagle Road and Victory Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. 29. Comply with all the Standard Requirements listed within the ACHD report with the date of the ACHD Commission Date - May 8,2002. Adopt the Meridian Fire Department Recommendations as follows: 1. That a fire-flow consistent with Appendix ill-A ofthe Uniform Fire Code be provided to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix ill-A. 2. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 3. Acceptance ofthe water supply for fire protection will be by the Meridian Water Department. 4. Final approval ofthe fire hydrant locations shall be by the Meridian Fire FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SUTHERLAND FARM SUBDIVISION / (pP-02-004) 11 Department. 5. All internal & external roads shall have a radius of28' inside and 48' outside radius. 6. Insure that all yet undeveloped parcels are maintained free of combustible vegetation per section 1103.2.4 of the UnifOlID Fire Code. 7. The roadways shall be built to Ada County Highway Standards. 8. The proposed buildings & uses shall comply with the 1997 Uniform Fire Code. Adopt the Recommendation of the Nampa & Meridian Irrigation District. 1. Applicant shall apply for a land use change/site application. Adopt the Recommendations of the Central District Health Department as follows: 1. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 2. Run-off is not to create a mosquito breeding problem. 3. Storrmwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quali ty. 4. The Engineers and architects involved with the design ofthe subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. Adopt and comply with the action of the City Council taken at their July 16, 2002 meeting as follows: 1. Developer shall mitigate the headlight issue with the adjacent neighbors on the south side of Victory Road by adding trees to their yards as agreed upon between the parties. 2. The neighborhood park located in Block 1, Lot 54 shall be far more FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SUTHERLAND FARM SUBDNISION I (PP-02-004) 12 By action of the City Council at its regular meeting held on the day of ;::Ju ~ 51- ,2002. functional and appealing as a subdivision amenity if the seven lots in the southeast corner were eliminated. Four of the seven lots have been deleted, and therefore, to allow for the 5-acre park, the three remaining lots in the southeast corner shall need to be deleted. This would expand the visibility corridor and increase the park size to approximately 5 acres. 6 -I'A ROLL CALL COUNCILMAN BIRD VOTED~ COUNCILWOMAN deWEERD VOTED~ COUNCILWOMAN McCANDLESS VOTED~ COUNCILMAN NARY VOTED~ MAYOR ROBERT D. CO (TIE BREAKER) VOTED BY~--: p~ I ~ lty Clerk r Copy served upon Applicant, The Planning and Zoning Department, Public "Z~rkSll1l1lll \\\ c: ~ti;:::r> II1I Department and City Attorney. ,\",-{ Or I\i1<-.rflD.II,",_ " :-<.. '-1 /,.. .$" a ;?PO/1.A ,,/,; ~ ~ 00 ..~ --;. :: ~ 0 ~ Dated: /tJ- 1-t9~ ~ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SUTHERLAND FARM SUBDNISION I (pP-02-004) 13 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF KW HOMES REQUEST FOR VARIANCE FOR REDUCED SETBACK FROM TEN FEET TO FIVE FEET ON THE SIDE OF A HOME WITH A DORMER ON THE SECOND LEVEL, IN AN R-4 ZONE, LOCATED ON LOT 28 BLOCK 4 OF PACKARD ESTATES NO.3 - 2641 EAST BERNICE DRIVE, MERIDIAN, IDAHO CIC 07 -16-02 ) ) ) ) ) ) ) ) ) ) ) CASE NO. V AR-02-007 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION DENYING VARIANCE The above entitled matter coming on regularly for public hearing before the City Council on July 16,2002, and Shari Stiles, Planning and Zoning Administrator, and Kent Wang, appeared and testified, and the City Council having received the transmittal to agencies and having received the variance application, having heard the testimony presented, being fully advised in the premises does hereby make the following Findings of Fact and Conclusions of Law and Order of Decision, as follows to-wit: STATEMENT OF LEGAL AUTHORITY AND JURISDICTION: Judicial Notice: The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. Page 1 of 7 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION DENYING VARIANCE / KW HOMES I (V AR-02-007) 1. The City of Meridian has authority pursuant to the enactment of the "Local Land Use Planning Act" codified at Chapter 65, Title 67, Idaho Code and in particular in S 67-6516 to provide as part of its zoning ordinance for the process of applications for variance permits. 2. The City of Meridian has duly exercised its authority of Idaho Code S 67-6516 by the enactment as a part of its Zoning and Development Ordinance variances, as set forth in Meridian City Code S 11-18. 3. That the requirements for the processing of a variance request are set forth in Idaho Code S 67-6509, 6516 and Meridian City Code SS 11-15-5 and 11-17-5. 4. Application and standards for variances are set forth in Meridian City Code S 11-18-2, and the findings which are required are set forth in Meridian City Code S 11-18- 3, include required findings that there are special circumstances or conditions affecting the property that strict application of the provisions of Zoning and Development Ordinance would clearly be impracticable and unreasonable, and a finding that strict compliance with the requirements of the Zoning and Development Ordinance would result in extraordinary hardship to the owner, subdivider or developer because unusual topography, the nature or condition of adjacent development, or other physical conditions or other conditions that make strict compliance with the ordinance unreasonable under the circumstances, or that the conditions and requirements of said ordinance will result in inhibiting the achievements or the objectives of the ordinance, and that the granting of a specified variance will not be detrimental to the public's welfare or injurious to other property in the area in which the property is situated, and that such FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION DENYING V ARlANCE I KW HOMES I (V AR-02-007) Page 2 of 7 variance will not have the effect of altering the interest and purposes of the Zoning and Development Ordinance and the Meridian Comprehensive Plan. 5. Meridian City Code, S 11-18-3 FINDINGS, and in the R-4 zone, which provides as follows: 11-18-3 FINDINGS: A. That there are such special circumstances or conditions affecting the property that the strict application of the provisions of this Title would clearly be impracticable or unreasonable. B. That strict compliance with the requirements of this Title would result in extraordinary hardship to the owner, subdivider or developer because of unusual topography, the nature or condition of adjacent development, other physical conditions or other conditions that make strict compliance with this Title unreasonable under the circumstances, or that the conditions and requirements ofthis Title will result in inhibiting the achievements or the objectives of this Title. C. That the granting of the specified variance will not be detrimental to the public's welfare or injurious to other property in the area in which the property is situated. D. That such variance will not have the effect of altering the interest and purpose of this Title and the Meridian Comprehensive Plan. STATEMENT OF FACTS RELATIVE TO LEGAL AUTHORITY AND JURISDICTION FINDINGS OF .FACT 1. The applicant, Kent Wang ofKW HOMES, and owner of the property at the time of building the house located on Lot 28 Block 4 of Packard Estates No.3, 2641 East Bernice Drive, Meridian, Idaho filed for a variance from the requirements of Meridian City Code at 91]- 9 I (Setbacks) in order to reduce the setback from ten feet to five feet on the side of the home with a donner on the second level, and which house is already completed and sold. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION DENYING V ARlANCE I KW HOMES / (V AR-02-007) Page 3 of 7 2. Applicant, Kent Wang KW HOMES, seeks a variance ofthe setback requirements because the dormer was not included on the approved set of drawings and was an addition made in the field without plan review approval. 3. The location of the subject property is located in a Low Density Residential District (R-4) at 2641 East Bernice Drive, Meridian, Idaho. 4. The legal description of the property appertains to the real property that is included within the Vicinity Map as appears in the record of proceeds ofthis matter, and which legal description is on file in the City Clerk's office at Meridian City Hall. 5. The original approved construction plans for the home did not include the dormer as it is now built. The purchase of the five-foot strip ofland adjacent to the dormer side of the home was not recorded by the applicant after the land was purchased. CONCLUSIONS OF LAW 1. It is found that there are no special circumstances, other than those circumstances resulting from errors caused and created by the applicant, affecting the property that would make the strict application of the setback requirements impracticable or unreasonable. 2. It is found that, as noted above, all ofthe problems associated with this application are not derived from anything other than the applicant's omissions and mistakes. The circumstances giving rise to the request are not due to unusual topography, the nature or condition of adjacent development, other physical conditions or other conditions that existed prior to the construction of the subject home. 3. It is found that the issuance of a variance for the dormer (second story) will have FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION DENYING VARIANCE / KW HOMES / (V AR-02-007) Page 4 of 7 the effect of altering the purpose and interest of the Zoning Ordinance. It is found that mistakes and omissions are not justification for the issuance of a variance. 4. Pursuant to the staff testimony and action ofthe City Council at their July 16, meeting, that the request for variance should be denied because no facts exist which satisfy the requirements ofMCC 11-18-3 and MCC 11-9-1. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LA W, the City Council does hereby Order and this does Order: 1. Pursuant to MCC SS 11-18-3 and 11-9-1, which provides for a ten-foot setback requirement, and because there are no special circumstances affecting the property that would make the strict application ofthe setback ordinance impracticable or unreasonable, and because there are no specific circumstances and conditions that make strict compliance to MCC 11-9-1 unreasonable, or that the conditions and requirements of this Title would result in inhibiting the achievements or objectives of the Zoning Ordinance and Setback Ordinance, the Applicant is hereby denied the setback variance as per the decision ofthe City Counci I at their July 16,2002, meeting, for the real property located at 2641 East Bemice Drive, Meridian, Idaho. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian. Pursuant to Idaho Code S 67-6521 an affected person being a person who has an interest in real propel1y which may be adversely affected by the issuance or denial of a variance authorizing a setback variance ofMCC S 11-9-1, as provided for in MMC S 11-18-3, and may within twenty- FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION DENYING VARIANCE I KW HOMES I (V AR-02-007) Page 5 of 7 eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the I _ -/:;~ {Jl day of ~~~-t ,2002. ROLL CALL: COUNCILMAN KEITH BIRD VOTED~ COUNCILWOMAN TAMMY deWEERD VOTED~ COUNCILWOMAN CHERIE McCANDLESS VOTED -if!!L COUNCILMAN WM. L.M. NARY VOTED$ MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: VOTED -- MOTION: APPROVED:~ DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Depmtment, Public Works Depmtment, and the City Attorney office. \\\\111111111/11 \\\ Mill """~f of ER.:/'\ III; ",,, ~"' 'vl.-t '/ 'l Dated: g - 6 - tJ 2-- ;' c} .?O'0f'0RA.~o 1-- \ - - - - ~ ~ By:JI,dd~P~9- City Clerk Z:\Work\M\Meridian\Meridian 15360M\KW Homes V AR-02-007\FfClsDcnyVariance.doc "? 6' 2 ~ c/Q ",0 0 g ~ 17<) USr is\'/ ..Z:; ;$' ... '/,. 'Af -.:...:...-- ~0 ~ ,::;. // Co ..I ~,' /flll VNll' \\\", J;/"ffL '. ,....\\ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION DENYING VARIANCE / KW HOMES / (V AR-02-007) Page 6 of 7 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 07/16/02 IN THE MATTER OF THE ) REQUEST FOR PRELIMINARY ) PLAT FOR SUTHERLAND FARM ) SUBDIVISION, LOCATED A 1/2 ) MILE SOUTH OF OVERLAND ) ROAD ON THE EAST SIDE OF ) EAGLE ROAD, MERIDIAN, IDAHO ) ) ) BY: SUTHERLAND FARM, INC., ) APPLICANT ) ) Case No. PP-02-004 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT The above entitled matter coming on regularly for public hearing before the City Council on July 16, 2002, and Shari Stiles, Planning and Zoning Administrator, Gary Lee, Cassie Shelton, David Barclay, Pat Maley, Rodney Reyes, Amber Reyes, Joyce Roundy, Caroline Ranke, Tom Kuntz, and Gary Smith, appeared and testified, and the City Council having received a report from David McKinnon Planner II for Planning and Zoning, and Bruce Freckleton, Engineering Technician III, and the City Council having received as part ofthe record of this matter the recommendation to City Council of the Planning and Zoning Commission and the applicant having submitted the "PRELIMINARY PLAT FOR SUTHERLAND FARM SUBDIVISION A PLANNED UNIT DEVELOPMENT, A PORTION OF SECTION 21, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO, PRELIMINARY PLAT SUTHERLAND FARM SUBDIVISION A PLANNED UNIT DEVELOPMENT, SUTHERLAND FARM, INC., DRAWN BY: EL, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SUTHERLAND FARM SUBDIVISION I (PP-02-004) DESIGN BY: BAP, CHECKED BY: GAL, PROJECT NO. 11678, DRAWING NO. 11678ppl, SHEET 1 OF 3, J-U-B ENGINEERS, INC.", submitted for preliminary plat approval and which preliminary plat for approval application is herein received and adjudged by the City Council pursuant to Meridian City Code S 12-3-3. Therefore the City Council makes the fonowing findings: FINDINGS OF FACT 1. That the proposed development is in conformance with the Comprehensive Plan by reason of the fact that it lies within the existing Urban Area as defined in the Meridian Comprehensive Plan Generalized Land Use Map, Infrastructure Planning Analysis Comprehensive Plan and Map, adopted December 21, 1993, and the property is presently zoned Low Density Residential District (R-4) and General Retail and Service Commercial District (C- G), and requires connection to the Municipal Water and Sewer System. [Meridian City Code S 11-7-2 C and K] 2. The preliminary plat is in conformance with the Comprehensive Plan City of Meridian adopted December 21, 1993, Ordinance No. 629. 3. It is determined that Urban Services can be made available to accommodate the proposed development if the plat complies with the requirements and conditions hereinafter set forth as conditions of preliminary plat approval. 4. The proposed development is a continuity ofthe proposed development within the City's Capital Improvement Program and if the conditions which are requested by the Planning and Zoning Administrator and the Engineering Technician III and as proposed by the developer FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SUTHERLAND FARM SUBDIVISION / (PP-02-004) 2 as stated on the preliminary plat there will be public financial capability of supporting services for the proposed development. 5. The development if built in accordance with the conditions and as proposed, will not create health, safety or environmental problems and there have been no specifics of any such concerns brought to the Council's attention. 6. It is found that the Recommendation To City Council of the Planning and Zoning Commission is reasonable and appropriate for the conditions of approval of the preliminmy plat as hereinafter set f011h. 7. The applicant has submitted for consideration of this approval drawing of the preliminary plat herein designated as: "PRELIMINARY PLAT FOR SUTHERLAND FARM SUBDIVISION A PLANNED UNIT DEVELOPMENT, A PORTION OF SECTION 21, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO, PRELIMINARY PLAT SUTHERLAND FARM SUBDIVISION A PLANNED UNIT DEVELOPMENT, SUTHERLAND FARM, INC., DRAWN BY: EL, DESIGN BY: BAP, CHECKED BY: GAL, PROJECT NO. 11678, DRAWING NO.1] 678ppl, SHEET 1 OF 3, J-U- B ENGINEERS, INC." DECISION AND ORDER Pursuant to the City Council's authority as provided in Meridian City Code S 12- 3-5 and based upon the above and foregoing Findings of Fact which are herein adopted: IT IS HEREBY ORDERED AND THIS DOES ORDER 1. The Preliminary Plat of the applicant as evidenced by "PRELIMINARY FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SUTHERLAND FARM SUBDIVISION / (PP-02-004) 3 PLAT FOR SUTHERLAND FARM SUBDIVISION A PLANNED UNIT DEVELOPMENT, A PORTION OF SECTION 21, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO, PRELIMINARY PLAT SUTHERLAND FARM SUBDIVISION A PLANNED UNIT DEVELOPMENT, SUTHERLAND FARM, INC., DRAWN BY: EL, DESIGN BY: BAP, CHECKED BY: GAL, PROJECT NO. 11678, DRAWING NO. Il678ppl, SHEET 1 OF 3, J-U-B ENGINEERS, INC.", DEVELOPER is hereby conditionally approved; and 2. The conditions of approval are as follows to-wit: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. Sanitary sewer and water service to this site shall be via new main extensions from the existing mains adjacent to the property. Computer modeling indicates that existing available fire flows and pressures shall not be adequate to serve the Commercial/office/multi-family area of the subdivision at present. The City of Meridian will be bringing a new supply well on line in the Silverstone project within the next six to eight months, and with the development of the Silverstone project, a new main wi 11 extend under the Ridenbaugh Canal. According to the computer model, once these two items are complete fire flows and pressures shall be adequate to serve the higher demands of the above mentioned areas. 2. The submitted landscape plan includes conifers located in the required street buffer along Eagle Road. This is in violation of the Landscape Ordinance; however, the inclusion of the pine trees at this location shall be pem1itted because conifers were permitted as part of the Silverstone Corporate Center landscaping, immediately adjacent to the Sutherland Farms project on Eagle Road. 3. Fencing details shall be submitted with the Final Plat application. Fencing adjacent to pathways or the private park shall not be over three feet in height if constructed of a solid material, and shall not be more than 4 feet in height if it is non-sight obscuring. 4. Performance specifications for the common area pressurized irrigation system shall be submitted with the Final Plat application. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SUTHERLAND FARM SUBDIVISION / (PP-02-004) 4 5. The addition ofa micro-path, in accordance with the Landscape Ordinance, that runs between Lots 4,5 and Lots16 and 17 of Block 18. 6. The addition of a micro-path, in accordance with the Landscape Ordinance, that separates Lots 9 and 10 of Block 19. The micro-path shall continue though Lot 1 of Block 19. 7. There shall be a minimum separation often (10) feet between unattached buildings. 8. Applicant shall add a note to the face of the plat requiring all single family detached houses to provide a minimum of 1,400 square feet of living space, excluding the garage. 9. The required landscaping and ilTigation system on Victory Road shall be installed prior to the issuance of a Certificate of Occupancy for any building on any lot created by the subdivision. Landscaping and fencing shall be bonded for prior to applying for building permits. 10. The Applicant shall coordinate pathway construction requirements along the Ridenbaugh Canal with the City's Parks Director, Torn Kuntz 11. The Applicant shall coordinate with ACHD concerning the requirements and construction of the Bridge over the Ridenbaugh Canal 12. The phasing schedule shall apply to the residential portions of the subdivision only. If the Applicant/developer determines that the office/multi-family or C-G zoned property can or should be developed in an order that is not consistent with the phasing schedule, they may request final plat approval of said phases in a non-sequential manner without revising the preliminary plat. All development, however, must be contiguous to a previously approved phase. 13. Applicant shall submit a copy ofthe Ada County Street Name Committee's final approval letter for the subdivision name, and the lot and block numbering and shall make any corrections necessary to conform. 14. Applicant shall coordinate fire hydrant placement with the City of Meridian Public Works Department. 15. A letter of credit or cash surety in the amount of 110% shall be required for all fencing, landscaping, pressurized irrigation, sanitary sewer, water, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SUTHERLAND FARM SUBDIVISION I (PP-02-004) 5 etc., prior to signature on the final plat. 16. One-hundred-watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. All streetlights shall be installed at Applicant's expense. Typical locations are at street intersections and/or fire hydrants. 17. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance I 2-4-13, excluding the Ridenbaugh Canal. The ditches to be piped shall be shown on the site plans. Plans shall be approved by the appropriate inigationldrainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 18. Remove any existing domestic wells and/or septic systems within this project from their domestic service per City Ordinance Sections 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 19. Slopes within drainage lots are not to exceed a ratio of3:1. 20. That the bollards in the stub road and Knapp Road to Muir Wood subdivision are put into place and remain until such time as Sutherland Farm has access to Overland Road. 21. That restrictions be placed upon all structures constructed on the following lots: Block 15, Lots 12, 13 and 19; Block 16, Lots 1,5,6, 7, 8, 9, 10 and 11, that such restrictions include not to exceed a peak height of 25' or less. 22. That the June 13,2002 Memorandum of Understanding between Applicant and neighboring property owner, Gail Sasser, be incorporated in its entirety. 23. That the cedar fence which is planned to be placed between Sutherland Farm and the Sasser propeliy be placed at a height of 8' instead of the originally intended 6'. 24. That setbacks on Lots 2, 3, 4, 5, 6, 7, and 8 of Block 9 be increased to 30', 25. That pursuant to an agreement between Applicant and neighboring property owners, Herb and Kathleen Papenfuss, the Papenfuss property FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SUTHERLAND FARM SUBDIVlSION / (PP-02-004) 6 shall be given access to Easy Jet Road. Adopt the Recommendations of ACHD as follows: 1. Dedicate 48-feet of right-of-way from the centerline of Eagle Road abutting the parcel by means of a warranty deed. The right-of-way purchase and sale agreement and deed must be completed and signed by the Applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. 2. Dedicate 48-feet of right-of-way from the centerline of Victory Road abutting the parcel by means of a warranty deed. The right-of-way purchase and sale agreement and deed must be completed and signed by the Applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. 3. Construct a 5-foot wide detached concrete sidewalk on Eagle Road located 2-feet within the new right-of-way. Coordinate the location and elevation of the sidewalk with District staff. If the sidewalk meanders outside of the right-of-way, provide an easement for the sidewalk. 4. Construct a 5-foot wide detached concrete sidewalk on Victory Road located 2-feet within tbe new right-of-way. Coordinate the location and elevation of the sidewalk witb District staff. Ifthe sidewalk meanders outside of the right-of-way, provide an easement for the sidewalk. 5. Construct a center turn lane on Eagle Road for the East Easy Jet Drive intersection or road trust for the improvements, whichever should occur first. The turn lane shall be constructed to provide a minimum of 100- feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. 6. Construct a center turn lane on Eagle Road or road trust for the improvements, whichever should occur first for the proposed shared driveway located on Eagle Road approximately 300-feet south of the north property line. The turn lane shall be constructed to provide a minimum of 100- feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. 7. Construct a center turn lane on Eagle Road for the East Copper Point Way intersection or road trust for the improvements, whichever should FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SUTHERLAND FARM SUBDIVISION I (PP-02-004) 7 occur first. The tum lane shall be constmcted to provide a minimum of 100-feet of storage with shadow tapers for both the approach and depatiure directions. Coordinate the design of the turn lane with District staff. 8. Construct a shared-driveway on Eagle Road for Lot 3, Block 2 and Lot 4, Block 2, as proposed. This proposed shared-driveway is located on Eagle Road approximately 300-feet south of the n01ih property line. This proposed driveway meets District policy and is approved with this application. 9. Pave the driveway on Eagle Road that serves Lot 3, Block 2 and Lot 4, Block 2 its full width of30 to 35-feet and at least 30-feet into the site beyond the edge of pavement of Eagle Road and install pavement tapers with 15-foot radii abutting the existing roadway edge. 10. Constmct two main entrances to the subdivision, as proposed. The proposed main entrance locations meet current District policy and are approved with this application. · East Easy Jet Drive is proposed to be located on Eagle Road approximately 850-feet south of the north property line and is proposed to align with Easy Jet Drive. East Easy Jet Drive shall be designed with 21-[00t street sections on either side of a center median. The median shall be constructed a minimum of 4-feet wide (maximum 12-feet wide) to total a minimum of a 100-square foot area. The Appl icant will be required to dedicate 54-feet of right-of-way plus the additional width of the median. · South Bay Star Way is proposed to be located on Victory Road approximately SOO-feet east of Eagle Road. South Bay Star Way shall be designed with 21-foot street sections on either side of a center median. The median shall be constructed a minimum of 4-feet wide (maximum 12-feet wide) to total a minimum ofa 100-square foot area. The Applicant will be required to dedicate 54-feet of right-of-way plus the additional width of the median. . Construct Easy Jet Drive west of South Nephrite Way as a commercial! industrial roadway, as proposed. The roadway shall be constructed as a 40-foot street section with curb, gutter, 5-foot wide concrete sidewalk within 54-feet of right-of-way. 11. Designate Easy Jet Drive between South Nephrite Way and South Proud Way as a residential collector street with no front-on housing. This FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SUTHERLAND FARM SUBDIVISION! (PP-02-004) 8 roadway shall be constructed as 36-foot street sections with curb, gutter and 5-foot wide concrete sidewalks with access restrictions stated on the final plat. Unless otherwise noted, parking shall be prohibited on these street segments. Coordinate the signage plan with District staff. 12. Construct a commercial/industrial roadway that intersects East Copper Point Way approximately ISO-feet east of South Cobblestone Way, as proposed. This commercial/industrial roadway meets District policy and is approved with this application. The roadway shall be constructed as a 40-foot street section with curb, gutter, 5-foot wide concrete sidewalk within 54-feet of right-of-way. 13. Construct all public roads within the subdivision as 36-foot street sections with curb, gutter, and 5-foot wide concrete sidewalks within 50- feet of right-of-way, as proposed. 14. Extend Hollandale Street, an existing stub street into the site at the east property line that is a pati of the Muir Woods Subdivision, as proposed. Construct Hollandale Street as a stub street with temporary bollards. A sign shall be placed on the bollards that states, "this road will become an open connection when a public road to Overland Road is constructed." 15. Extend Knapp Drive, an existing stub street, into the site at the south property line, as proposed. Construct Knapp Drive as a stub street with temporary bollards. A sign shaH be placed on the bollards that states, "this road will become an open connection when a public road to Overland Road is constructed." 16. Construct five stub streets, as proposed. · The first stub street, South Pond Way, is proposed to stub to the south property line approximately 1900-feet east of Eagle Road. · The second stub street, South Mueyah Way, is proposed to stub to the south property line approximately 500-feet east of Eagle Road. · The third stub street, East Publisher Street, is proposed to stub to the west property line approximately 730-feet north ofVictOlY Road. · The fomih stub street, North Knapp Avenue is proposed to stub to the north property line approximately 1,000-feet of the east property line. This stub street is proposed to cross the Ridenbaugh Canal. · The fifth stub street, East Copper Point Way is proposed to remain as a FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SUTHERLAND FARM SUBDIVISION I (PP-02-004) 9 stub at the north property line approximately 1,250-feet west of the east property line. 17. Provide a paved temporary turnaround at the end of South Mureyah Way with a temporary easement provided to the District and install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTUREl1. Coordinate the sign plan for the stub street, and the design of the turnaround with District staff. 18. Submit preliminary drawings for the cost of constructing the bridge from Sutherland Farms to the North property line. The Applicant shall road trust for one half ofthe total cost of the plans, material and labor to construct the bridge. The road trust or the construction of the bridge shall be phased according to final platting and traffic warrants. 19. Construct N01th Knapp Avenue as 36-foot street sections with curb, gutter and 5-foot wide concrete sidewalks. The Applicant shall designate this roadway as a residential collector street with no front-on housing with access restrictions for these street segments stated on the final plat. Unless otherwise noted, parking shall be prohibited on these street segments. Coordinate the signage plan with District staff. 20. Construct an alley located on South Nephrite Way n01th of East Rolfe Street, as proposed. The alley shall have a minimum of 16-feet of right- of-way and shall be improved by paving the full width and length of the right-of-way. Dedication of clear title to the right-of-way, improvement of the alley, and acceptance of the improvement by the District as meeting its construction standards are required for all alleys contained in a proposed development. 21. Construct ACHD approved turnarounds at the end of East Shergar Court, East Maner Court, East Spur Court, South Halo Place, East Hillis Court, East Legal Place and the unnamed cul-de-sac roadway that extends south from East Copper Point Way. Submit a design of the turnaround for review and approval by District staff. 22. The residential turnarounds shall be constructed to provide a minimum turning radius of 45-feet and the commercial turnarounds shall be constructed to provide a minimum turning radius of 55-feet. The Applicant shall also be required to provide a minimum of a 29-foot street section on either side of any proposed center islands within the turnarounds. The medians shall be constructed a minimum of 4-feet wide to total a minimum of a 1 DO-square foot area. Dedicate 54-feet of right- of-way plus the additional width of the median. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SUTHERLAND FARM SUBDIVISION / (PP-02-004) 10 23. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this shall be required on the final plat. 24. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the constmction of the proposed development. 25. Any existing irrigation facilities shaH be relocated outside of the right-of- way. 26. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. 27. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 28. Other than the access points specifically approved with this application, direct lot or parcel access to Eagle Road and Victory Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. 29. Comply with all the Standard Requirements listed within the ACHD report with the date of the ACHD Commission Date - May 8, 2002. Adopt the Meridian Fire Department Recommendations as follows: 1. That a fire-flow consistent with Appendix III-A of the Uniform Fire Code be provided to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A. 2. Operational fire hydrants and temporary or pemlanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 3. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 4. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. 5. All internal & external roads shall have a radius 0[28' inside and 48' outside radius. 6. Insure that all yet undeveloped parcels are maintained free of FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROY AL OF PRELIMINARY PLAT SUTHERLAND FARM SUBDIVISION I (PP-02-004) 11 combustible vegetation per section 1103.2.4 ofthe Uniform Fire Code. 7. The roadways shall be built to Ada County Highway Standards. 8. The proposed buildings & uses shall comply with the 1997 Uniform Fire Code. Adopt the Recommendation of the Nampa & Meridian Irrigation District. 1. Applicant shall apply for a land use change/site application. Adopt the Recommendations of the Central District Health Department as follows: 1. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department ofHeaIth & Welfare, Division of Environmental Quality. 2. Run-off is not to create a mosquito breeding problem. 3. Stomnwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 4. The Engineers and architects involved with the design of the subject project shall obtain CUlTent best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. Adopt and comply with the action of the City Council taken at their July 16, 2002 meeting as follows: 1. Developer shall mitigate the headlight issue with the adjacent neighbors on the south side of Victory Road by adding trees to their yards as agreed upon between the parties. 2. The neighborhood park located in Block I, Lot 54 shall be far more functional and appealing as a subdivision amenity if the seven lots in the southeast corner were eliminated. Four of the seven lots have been deleted, and therefore, to allow for the 5-acre park, the three remaining lots in the southeast corner shall need to be deleted. This would expand the visibility corridor and increase the park size to approximately 5 acres. By action of the City Council at its regular meeting held on the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SUTHERLAND FARM SUBDIVISION I (PP-02-004) [pfh- 12 day of ,A~~ ,2002. ROLL CALL COUNCILMAN BIRD VOTED~ VOTED~ COUNCILWOMAN deWEERD COUNCILWOMAN McCANDLESS VOTED~ VOTED ~fe~ COUNCILMAN NARY ...,---- MAYOR ROBERT D. CORRIE VOTED (TIE BREAKER) . ~ : /tiJj?rDve.d ~ Copy served upon A~;iicant, The Planning and Zoning Department, Public Works Department and City Attorney. \\\\\\\1111111111/1/1/ \\\\\\\ Of MEFuD/'/I/;, " ~ '--1 'l t? / .f' (j O\\POlt1h '1--"'~ Dated: 0 -j:? /' tJ 2-[ :fJ ~o % ~ SEAL ~ !':l ::: ;:. Yc., c:;: ;:. GI "Q) 0 ~ ~ ~ ...~-..... 'j'" Z:\Work\M\Mcridian\Meridian 15360M\Sutherland Farm AZ-02-004 PP-02-004 CUP-02-005\FfClsOrdPP.c19c (') 1 15 \. ~;:> ~ $' ......... ..., r'\ \.'V'. ,.::: ..." '- :Ol. -" ., .;.' II/I IN r. l' \,\ II/fit. nl'~~\\\\ BY.~~~~~' City Clerk (/ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SUTHERLAND FARM SUBDIVISION I (PP-02-004) 13 ( ( BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 07/16/02 IN THE MATTER OF THE ) REQUEST FOR CONDITIONAL ) USE PERMIT FOR A PLANNED ) DEVELOPMENT FOR ) SUTHERLAND FARM ) SUBDIVISION IN A R-4 AND C-G ) ZONES, LOCATED A 1/2 MILE ) SOUTH OF OVERLAND ROAD ON ) THE EAST SIDE OF EAGLE ROAD, ) MERIDIAN, IDAHO ) ) SUTHERLAND FARM, INC., ) ) APPLICANT ) ) Case No. CUP-02-00S 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 July 16,2002 at the hour of6:30 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Shari Stiles, Planning and Zoning Administrator, Gary Lee, Cassie Shelton, David Barclay, Pat Maley, Rodney Reyes, Amber Reyes, Joyce Roundy, Caroline Ranke, Tom Kuntz, and Gary Smith, 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 July 16, 2002, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing and the copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the July 16,2002, public hearings; and the applicant, affected property owners, and government subdivisions providing services within the platu1ing 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 967-6509, 6512, and Meridian City Code 99 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. This proposed development request is in an R-U-T and R-1 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 propelty is located a 12 mile south of Overland Road on the east side of Eagle Road, Meridian, Idaho. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 2 5. The owner of record ofthe subject property is Sutherland Farm, Inc. 6. Applicant is owner of record.. 7. The subject property is currently zoned R-U-T and R-l by Ada County. There is, however, an application for annexation and zoning to R-4 and C-G before the City Council which are defined within the City of Meridian Zoning and Development Ordinance, Section 11- 7-2. 8. The proposed application requests a conditional use permit for development of 308 building lots consisting of260 single-family detached lots, 32 single-family attached lots, 1] office/multiple family lots, and five commercial lots, and 30 other lots consisting of a 4-acre park/pond, a 30' wide pathway adjacent to the Canal, alleys, an irrigation lot, tot lots and landscaping lots. The requested zoning designations within the City of Meridian Zoning and Development Ordinance require a conditional use penl1it be obtained for most uses including those requested by the Applicant. (Meridian City Zoning and Development Ordinance, Section 11-8-1). 9. The proposed application is in compliance with the Meridian Comprehensive Plan. 10. The use proposed within the subject application will in fact, constitute a conditional use as determined by City Ordinance. 11. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian, and Maps FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 3 and the Ordinance establishing the Impact Area Boundary. 12. Concerns expressed in the annexation application shall also apply to this request. 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 foHowing is also found to be required to mitigate the effects of the proposed use and development upon services delivered by political subdivisions providing services to the subject real property within the planning jurisdiction of the City of Meridian, subject to the following: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. Applicant shall meet all of the requirements of the preliminary plat as a condition ofthe Conditional Use Permit. 2. All office or multiple-family housing uses proposed within the development shall be required to apply for a conditional use permit for a planned development prior to constmction. 3. No more than 101 building penuits shall be issued within Sutherland Farm Subdivision until a secondary emergency vehicle access to Eagle Road is completed. 4. E. Easy Jet Drive shall be fully improved (including curbs, gutter, sidewalks, landscaping, and ilTigation prior) prior to the issuance of an occupancy penuit for any building constmcted within Phase five (5) of the subdivision. Additionally, all required improvements adjacent to Eagle Road shall be complete prior to occupancy of any building within Phase Five (5) ofthe subdivision. 5. All site improvements (landscaping and irrigation) for the four-acre park/pond area, and the pathway (Lot 75) connecting the park/pond area to Eagle Road shall be complete prior to the issuance of the 10 1st occupancy permit within Sutherland Fa1l11 Subdivision. The applicant shall be required to maintain the pond in a manner that will prevent the water from becoming stagnant or public nuisance (a mosquito breeding ground). FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 4 6. The remaining sections ofthe pathway (east of the 4-acre park/pond area) shall be developed in accordance with the phasing schedule for the subdivision. 7. All development shall comply with the Americans with Disabilities Act and the Fair Housing Act. 8. No building pem1its shall be issued within the development until a final plat has been recorded for this subdivision. All requirements of the preliminary plat for ACHD, Meridian Fire Department, Central District Health, and Nampa & Meridian Irrigation District also apply to the Conditional Use Permit. Adopt and comply with the action of the City Council taken at their July 16,2002 meeting as follows: I. Applicant has only submitted a conceptual plan on the office uses to date, at a later time applicant shall submit a detailed CUP for the planned development for the office uses. However, the commercial uses north of the Ridenbaugh Canal are not proposed to be part ofthe PD and shall be zoned separately. 2. An 8 foot cedar fence shall be built along the entire length of the western and northern property boundaries. 14. It is found that the office/multiple-family housing uses are strongly related to the primary use of the development (R-4). The office uses will provide services (medical, dental, optical etc...) that will be complementary to the residents of the subdivision, and it will provide employment opportunities as well. It is also found that multiple-family housing adjacent to the higher density townhouses is appropriate within the overall development of this subdivision. The mixing of residential uses and commercial uses will encourage the office development to be constructed in a manner that will be pedestrian friendly. High-density housing will provide an immediate consumer base for the office development. 15. It is found that the townhouse and the office/multiple-family housing uses are approximately 15.5% of the total area ofIand included in the planned development. (32 townhouses * 4,271 sq. ft. average -;- 43,560) + (11 office lots * 59,155sq. ft. average-:- FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 5 43560) = 18.08 acres ofland devoted to excepted uses. 18.08 acres of excepted uses -;- 116.6 gross area of planned development (in acres) * 100 = 15.5% of the planned development will be devoted to excepted uses. It is also found that the size and intensity of the excepted uses is appropriate for this location and size of development. 16. It is found that the townhouse use is projected as part of the first phase of the development and that the office/multiple-family housing will be the final two phases. Staff finds that upon completion of the townhouses and detached single-family dwellings, the residents of the subdivision will desire services that can be provided by later phases of this development. 17. The uses permitted by the exception are integrated into the overall project by: a. Finding that the office/multiple-family/townhouse uses will be within convenient walking distance ofthe park and open space provided within the residential development. b. Finding that the site design incorporates interconnectivity though shared vehicular access points. The applicant has provided a pathway system that would connect the excepted uses with the R-4 residential uses. c. Finding that the applicant has provided pathway connections with the commercial use. d. Finding that the excepted uses are located in a manner that will facilitate vehicular access from the residential uses. e. Finding that the landscaping is consistent throughout the development. Architectural and building bulle concepts will be hard to maintain, as this is primarily a residential neighborhood with a variety of lot sizes, housing options and lot dimensions. The Commission and Council should determine what, if any, architectural/design concepts (residential and/or commercial) should be incorporated into all buildings within this development. 18. It is found that the office use is not regional in size or character. 19. It is found that the subject property is large enough to accommodate the requested FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 6 use and all other required features. 20. It is found that the cunent Comprehensive Plan Land Use Map designates the property as "Mixed Residential and Single-Family Residential". The proposed mix of residential, commercial and office uses are harmonious with and in accordance with the Comprehensive Plan. The project meets the requirements and objectives ofthe Planned Development Ordinance. 21. It is found that the design concept to be compatible with the intended character of the area. The Generalized Land Use Map indicates that this area is intended for mixed residential and single-family dwellings. The existing neighborhood to the southeast of this project is cun'ently large estate sized housing ranging in size from 2-5+ acres and the existing neighborhood to the east is consists of approximately ~ to Y2+ acre lots. All lots that area adjacent to the east and southeast either meet or exceed the lot dimensions required by the R-4 zone. 22. It is not anticipated that the proposed project will have an adverse impact on the surrounding property. 23. It is found that the proposed development can be adequately served by the essential public facilities and services listed above. 24. It is found that the proposed use would not be detrimental to the economic welfare of the community, nor would it create the need for any new facilities or services to be paid for by the public. 25. It is found that no excessive traffic, noise, smoke, fumes, glare or odors will result from the proposed use. 26. It is found that the proposed use will not create significant interference with any traffic on the surrounding public streets. The Council and Commission should refer to the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 7 ACHD report for additional information concerning this finding. 27. It is found that no natural or scenic feature will be lost, damaged or destroyed by issuance of this conditional use. The Ridenbaugh Canal is to remain open and improved with a pathway. CONCLUSIONS OF .LA W 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Act" codified at Chapter 65, Title 67, Idaho Code (I.C. 967-6503). 2. The Meridian City Council may exercise all the powers required and authorized under the" Act" except the power to adopt ordinances by the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho Code Section 67-6504 which the City Council of the City of Meridian has established by the passage of the "City of Meridian Zoning and Development Ordinance" at Titles XI and XII, Chapter I, Meridian City Code. 3. As pmt of a zoning ordinance tbe 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 ten11S ofthe 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 9 11-17-3) a. That the site is large enough to accommodate the proposed use and all yards, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 8 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 ofthe proposed conditional use shall be able to provide adequately any such services; f. That the proposed use will not create excessive additional cost for public facilities and services and will not be detrimental to the economic welfare of the community; g. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; h. That the proposed use 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 Low Density Residential District (R-4) and General Retail and Service Commercial District (C-G), a public hearing shall be conducted with notice to be published and provided to property owners or purchasers of record within three hundred feet (300') of the extemal boundaries of the land under consideration for the conditional use penn!t 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 9 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 supPOltive 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 permit it may impose 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 10 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 development of308 building lots consisting of260 single-family detached lots, 32 single-family attached lots, 11 office/multiple family lots, and five commercial lots, and 30 other lots consisting of a 4-acre park/pond, a 30' wide pathway adjacent to the Canal, alleys, an irrigation lot, tot lots and landscaping lots in R-4 and C-G zones located a 1/2 mile south of Overland Road on the east side of Eagle Road, Meridian, Idaho, subject to the following conditions of use and development, subject to the following: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. Applicant shall meet all of the requirements of the preliminary plat as a condition of the Conditional Use Permit. 2. All office or multiple-family housing uses proposed within the development shall be required to apply for a conditional use permit for a planned development prior to construction. 3. No more than 101 building permits shall be issued within Sutherland Farm Subdivision until a secondary emergency vehicle access to Eagle Road is completed. 4. E. Easy Jet Drive shall be fully improved (including curbs, gutter, sidewalks, landscaping, and iiTigation prior) prior to the issuance of an occupancy pemlit for any building constructed within Phase five (5) of the subdivision. Additionally, an required improvements adjacent to Eagle Road shall be complete prior to occupancy of any building within Phase Five (5) of the subdivision. 5. All site improvements (landscaping and irrigation) for the four-acre park/pond area, and the pathway (Lot 75) connecting the park/pond area to Eagle Road shall FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 11 be complete prior to the issuance of the 101st occupancy permit within Sutherland Fann Subdivision. The applicant shall be required to maintain the pond in a manner that will prevent the water from becoming stagnant or public nuisance (a mosquito breeding ground). 6. The remaining sections of the pathway (east of the 4-acre park/pond area) shall be developed in accordance with the phasing schedule for the subdivision. 7. All development shall comply with the Americans with Disabilities Act and the Fair Housing Act. 8. No building pennits shall be issued within the development until a final plat has been recorded for this subdivision. All requiremellfs of the preliminary plat for ACHD, Meridian Fire Department, Central District Health, and Nampa & Meridian Irrigation District also apply to the Conditional Use Permit. Adopt and comply with the action of the City Council taken at their July 16, 2002 meeting as follows: I. Applicant has only submitted a conceptual plan on the office uses to date, at a later time applicant shall submit a detailed CUP for the planned development for the office uses. However, the commercial uses north of the Ridenbaugh Canal are not proposed to be part of the PD and shall be zoned separately. 2. An 8 foot cedar fence shall be built along the entire length of the western and nOlihern property boundaries. 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 pennit. 4. That the City Attorney draft an Order Granting Conditional Use Pennit 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 12 Works Department and any affected party requesting notice. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code S 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use pennit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the [p-ftv day of , JtIADou-~t ROLL CALL ,2002. COUNCILMAN KEITH BIRD VOTED~ VOTED~ VOTED~ VOTED~ COUNCILWOMAN TAMMY deWEERD COUNCILWOMAN CHERIE Mc CANDLESS COUNCILMAN WILLIAM L.M. NARY MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: VOTED - MOTION: V'&: APPROVED: DISAPPROVED: Copy served upon Applicant, Planning and Zoning Department, Public Works 7~nd,the City Attorney. B' ~-dr~/R City Clerk I , ~ ~ 0J ~ Z:\Work\M\Meridian\Meridian 15360M\Sutherland Farm AZ-02-004 PP-02-004 CUP-02-005\FrclsCUP02-005.doc ~"'Z-.. QUe ,OJO 0 2 ~ ~ r lS1 . . ~ $ '/1 ~- "- -;........../ OO!"\'7'{ \\) ,............. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND OlIDER ,,,:\\\\\\\' GRANTING CONDITIONAL USE PERMIT - 13 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 07/16/02 IN THE MATTER OF THE ) REQUEST FOR CONDITIONAL ) USE PERMIT FOR A PLANNED ) DEVELOPMENT FOR ) SUTHERLAND FARM ) SUBDIVISION IN A R-4 AND C-G ) ZONES, LOCATED A 1/2 MILE ) SOUTH OF OVERLAND ROAD ON ) THE EAST SIDE OF EAGLE ROAD, ) MERIDIAN, IDAHO ) ) SUTHERLAND FARM, INC., ) ) APPLICANT ) Case No. CUP-02-005 ORDER GRANTING CONDITIONAL USE PERMIT 1. This matter coming before the City Council on the July 16, 2002, under the provisions of Meridian City Code S 11-17-4 for final action on conditional use permit application and the Council having received and approving the Recommendation of the Planning and Zoning Commission the Council takes the following action: 2. That the above named applicant is granted a conditional use permit for development of 308 building lots consisting of 260 single-family detached lots, 32 single-family attached lots, 11 office/multiple family lots, and five commercial lots, and 30 other lots consisting of a 4-acre park/pond, a 30' wide pathway adjacent to the Canal, alleys, an irrigation lot, tot lots and landscaping lots in a R-4 and C-G zones located a 1/2 mile south of Overland Road on the east side of Eagle Road, Meridian, Idaho, subject to the following conditions of use ORDER CONDITIONAL USE PERMIT (CUP-02-00S) - 1 and development: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. Applicant shall meet all of the requirements of the preliminary plat as a condition of the Conditional Use Permit. 2. All office or multiple-family housing uses proposed within the development shall be required to apply for a conditional use permit for a planned development prior to construction. 3. No more than 101 building permits shall be issued within Sutherland Farm Subdivision until a secondary emergency vehicle access to Eagle Road is completed. 4. E. Easy Jet Drive shall be fully improved (including curbs, gutter, sidewalks, landscaping, and irrigation prior) prior to the issuance of an occupancy permit for any building constructed within Phase five (5) of the subdivision. Additionally, all required improvements adjacent to Eagle Road shall be complete prior to occupancy of any building within Phase Five (5) of the subdivision. 5. All site improvements (landscaping and irrigation) for the four-acre park/pond area, and the pathway (Lot 75) connecting the park/pond area to Eagle Road shall be complete prior to the issuance of the 101 st occupancy permit within Sutherland Fann Subdivision. The applicant shall be required to maintain the pond in a manner that will prevent the water from becoming stagnant or public nuisance (a mosquito breeding ground). 6. The remaining sections of the pathway (east of the 4-acre park/pond area) shall be developed in accordance with the phasing schedule for the subdivision. 7. All development shall comply with the Americans with Disabilities Act and the Fair Housing Act 8. No building permits shall be issued within the development until a final plat has been recorded for this subdivision. All requirements of the preliminary plat for ACHD, Meridian Fire Department, Central District Health, and Nampa & Meridian Irrigation District also apply to the Conditional Use Permit. ORDER CONDITIONAL USE PERMIT (CUP-02-005) -2 / '> Adopt and comply with the action of the City Council taken at their July 16,2002 meeting as follows: 1. Applicant has only submitted a conceptual plan on the office uses to date, at a later time applicant shall submit a detailed CUP for the planned development for the office uses. However, the commercial uses north of the Ridenbaugh Canal are not proposed to be part ofthe PD and shall be zoned separately. 2. An 8 foot cedar fence shall be built along the entire length of the western and n011hern property boundaries. 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 ] 1-17-8, a copy of which is attached to this permit. By action of the City Council at its regular meeting held on the LR~ day of i/tK~Vv~ ,2002. ByJl~,~~r; CIty Clerk Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. ,."".. . .,"', \ \ \ \11111 r 1/ I,/ ,'>'\\\\ f IUI~ //11 ,<....\\ _I 0 MelT//'> II,,, .::,'> ::\' v'-1. '... s:'" a X\POR '1- /~ -~ cP i<1~ ~ hJ(A Vi." ~ ~ 0 S Dated: 0"'-- ~"-v L- ~ ~ _ SEAL ~ 1': &_ Z:\Work\M\Meridian\Meridian 15360M\Sutherland Farm AZ-02-004 PP-02-004 CUP-02-005\OrderCUP.doc ~ '-P.; Co(/.<- . ,,0..0 f ~:o UI1S\ ' '{' $' ~,.. '1 ~,\:' . ......... "''''''' 00;" r'~'l ,\v. \", 1IIIIIIti~~.''''.'~. ~ 1\.\\\\\.' ORDER CONDITIONAL USE PERMIT (CUP-02-005) -3 BEFORE THE MERIDIAN CITY COUNCIL C/C 07-16-02 IN THE MATTER OF THE ) APPLICATION OF SUTHERLAND ) FARM, INC., THE APPLICATION ) FOR ANNEXATION AND ZONING ) OF 127.74 ACRES FOR PROPOSED ) SUTHERLAND FARM, LOCATED ) A 1/2 MILE SOUTH OF ) OVERLAND ROAD ON THE EAST ) SIDE OF EAGLE ROAD, ) MERIDIAN, IDAHO ) Case No. AZ-02-004 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING The above entitled annexation and zoning application having come on for public hearing on July 16,2002, at the hour of6:30 p.m., and Shari Stiles, Planning and Zoning Administrator, Gary Lee, Cassie Shelton, David Barclay, Pat Maley, Rodney Reyes, Amber Reyes, Joyce Roundy, Caroline Ranke, Tom Kuntz, and Gary Smith, appeared and testified, and the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT 1. There has been compliance with all notice and hearing requirements set forth in Idaho Code SS 67-6509 and 67-6511, and Meridian City Code SS 11-15-5 and 11-16-1. 2. The 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 adopted December 21, 1993, Ordinance No. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUTHERLAND FARM - (AZ-02-004) 629, January 4,1994, and maps and the ordinance Establishing the Impact Area Boundary. 3. The property which is the subject ofthe application for annexation and zoning is described in the application, and is approximately 127.74 acres in size, is located a 1/2 mile south of Overland Road on the east side of Eagle Road, all within the Area ofImpact ofthe City of Meridian and the Meridian Urban Service Planning Area. 4. The owner ofrecord of the subject property is Sutherland Farm, Inc., and the applicant is Sutherland Farm, Inc., of San Mateo, California. 5. The property is presently zoned by Ada County as RUT and R-l, and consists of vacant land. 6. The Applicant requests the property be zoned as R-4 for the property south of the Ridenbaugh Canal and C-G to the north of the Ridenbaugh Canal, with the intent to develop 308 building lots consisting of260 single family detached lots, 32 single-family attached lots, 11 office/multiple family lots, and five commercial lots, and 30 other lots consisting of a 4-acre park/pond, a 30' wide pathway adjacent to the Canal, alleys, an irrigation lot, tot lots, and landscaping lots, which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Mixed Residential and Single-Family Residential. 7. The subject property is bordered to the north and west by property within the City limits zoned R-4 and C-C and C-G, and to the east and south by Ada County property zoned RUT, R-l and R-4. 8. The Ridenbaugh Canal is a significant feature of major importance that affects the consideration of this application. 9. The City Council recognizes the concerns of neighbors which were expressed at FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUTHERLAND FARM - (AZ-02-004) the Planning and Zoning meeting, and in their petition and/or letter dated January 26,2002, and May 11,2002, of Lee Coulson, of Dr. and Mrs. Scott H. Pressman dated May 11,2002, ofMr. and Mrs. Loren E. Hornbaker received April 3, 2002, and of Carolyn Reinke dated July 5,2002. 10. Giving due consideration to the comments 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 ifthe following conditions of development are imposed: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. Essential City services are available to the subject property. 2. Remove any existing domestic wells and/or septic systems within this project from their domestic service per City Ordinance Section 5-7-517 . Wells may be used for non- domestic purposes such as landscape irrigation. 3. A development agreement shall be required as part ofthis annexation request. Adopt the Recommendations of the ACHD as follows: 1. Dedicate 48-feet of right-of-way from the centerline of Eagle Road abutting the parcel by means of a warranty deed. The right-of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. 2. Dedicate 48-feet ofright-of-way from the centerline of Victory Road abutting the parcel by means of a warranty deed. The right-of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. 3. Construct a 5-foot wide detached concrete sidewalk on Eagle Road located 2-feet within the new right-of-way. Coordinate the location and elevation ofthe sidewalk with District staff. lfthe sidewalk meanders outside of the right-of-way, provide an easement for the sidewalk. 4. Construct a 5-foot wide detached concrete sidewalk on Victory Road located 2-feet within the new right-of-way. Coordinate the location and elevation of the sidewalk with FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUTHERLAND FARM - (AZ-02-004) District staff. If the sidewalk meanders outside ofthe right-of-way, provide an easement for the sidewalk. 5. Construct a center turn lane on Eagle Road for the East Easy Jet Drive intersection or road trust for the improvements, whichever should occur first. The turn lane shall be constructed to provide a minimum of 100-feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design ofthe turn lane with District staff. 6. Construct a center turn lane on Eagle Road or road trust for the improvements, whichever should occur first for the proposed shared driveway located on Eagle Road approximately 300-feet south ofthe north property line. The turn lane shall be constructed to provide a minimum of 100- feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design ofthe turn lane with District staff. 7. Construct a center turn lane on Eagle Road for the East Copper Point Way intersection or road trust for the improvements, whichever should occur first. The turn lane shall be constructed to provide a minimum of 100-feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. 8. Construct a shared-driveway on Eagle Road for Lot 3, Block 2 and Lot 4, Block 2, as proposed. This proposed shared-driveway is located on Eagle Road approximately 300- feet south of the north property line. This proposed driveway meets District policy and is approved with this application. 9. Pave the driveway on Eagle Road that serves Lot 3, Block 2 and Lot 4, Block 2 its full width of30 to 35-feet and at least 3D-feet into the site beyond the edge of pavement of Eagle Road and install pavement tapers with IS-foot radii abutting the existing roadway edge. 10. Construct two main entrances to the subdivision, as proposed. The proposed main entrance locations meet current District policy and are approved with this application. a. East Easy Jet Drive is proposed to be located on Eagle Road approximately 850- feet south of the north property line and is proposed to align with Easy Jet Drive. East Easy Jet Drive shall be designed with 21-foot street sections on either side of a center median. The median shall be constructed a minimum of 4-feet wide (maximum 12-feet wide) to total a minimum of a 100-square foot area. The applicant will be required to dedicate 54-feet of right-of-way plus the additional width of the median. b. South Bay Star Way is proposed to be located on Victory Road approximately 800-feet east of Eagle Road. South Bay Star Way shall be designed with 2 I-foot street sections on either side of a center median. The median shall be constructed FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUTHERLAND FARM - (AZ-02-004) a minimum of 4-feet wide (maximum 12-feet wide) to total a minimum ofa 100- square foot area. The applicant will be required to dedicate 54-feet ofright-of- way plus the additional width of the median. c. Construct Easy Jet Drive west of South Nephrite Way as a commercial/industrial roadway, as proposed. The roadway shall be constructed as a 40-foot street section with curb, gutter, 5-foot wide concrete sidewalk within 54-feet ofright-of- way. 11. Designated Easy Jet Drive between South Nephrite Way and South Proud Way as a residential collector street with no front-on housing. This roadway shall be constructed as 36-foot street sections with curb, gutter and 5-foot wide concrete sidewalks with access restrictions stated on the final plat. Unless otherwise noted, parking shall be prohibited on these street segments. Coordinate the signage plan with District staff. 12. Construct a commercial/industrial roadway that intersects East Copper Point Way approximately 1 50-feet east of South Cobblestone Way, as proposed. This commercial/ industrial roadway meets District policy and is approved with this application. The roadway shall be constructed as a 40-foot street section with curb, gutter, 5-foot wide concrete sidewalk within 54-feet of right-of-way. 13. Construct all public roads within the subdivision as 36-foot street sections with curb, gutter, and 5-foot wide concrete sidewalks within 50-feet of right-of-way, as proposed. 14. Extend Hollandale Street, an existing stub street into the site at the east property line that is a part of the Muir Woods Subdivision, as proposed. Construct HoUandale Street as a stub street with temporary bollards. A sign shall be placed on the bollards that states, "this road will become an open connection when a public road to Overland Road is constructed." 15. Extend Knapp Drive, an existing stub street, into the site at the south property line, as proposed. Construct Knapp Drive as a stub street with temporary bollards. A sign shall be placed on the bollards that states, "this road will become an open connection when a public road to Overland Road is constructed." 16. Construct five stub streets, as proposed. . The first stub street, South Pond Way, is proposed to stub to the south property line approximately 1900-feet east of Eagle Road. . The second stub street, South Mueyah Way, is proposed to stub to the south property line approximately 50G-feet east of Eagle Road. . The third stub street, East Publisher Street, is proposed to stub to the west property line approximately 730-feet north of Victory Road. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUTHERLAND FARM - (AZ-02-004) · The fourth stub street, North Knapp Avenue is proposed to stub to the north property line approximately 1,000-feet of the east property line. This stub street is proposed to cross the Ridenbaugh Canal. . The fifth stub street, East Copper Point Way is proposed to remain as a stub at the north property line approximately I,250-feet west ofthe east property line. 17. Provide a paved temporary turnaround at the end of South Mureyah Way with a temporary easement provided to the District and install a sign at the terminus of the roadway stating that, liTHrS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street, and the design ofthe turnaround with District staff. 18. Submit preliminary drawings for the cost of constructing the bridge from Sutherland Fanus to the North property line. The applicant shall road trust for one half ofthe total cost of the plans, material and labor to construct the bridge. The road trust or the construction of the bridge shall be phased according to final platting and traffic warrants. 19. Construct North Knapp Avenue as 36-foot street sections with curb, gutter and 5-foot wide concrete sidewalks. The applicant shall be designated this roadway as a residential collector street with no front-on housing with access restrictions for these street segments stated on the final plat. Unless otherwise noted, parking shall be prohibited on these street segments. Coordinate the signage plan with District staff. 20. Construct an alley located on South Nephrite Way north of East Rolfe Street, as proposed. The alley shall have a minimum of 16-feet of right-of-way and shall be improved by paving the full width and length of the right-of-way. Dedication of clear title to the right-of-way, improvement ofthe alley, and acceptance ofthe improvement by the District as meeting its construction standards are required for all alleys contained in a proposed development. 21. Construct ACHD approved turnarounds at the end of East Shergar Court, East Moner Court, East Spur Court, South Halo Place, East Hillis Court, East Legal Place and the unnamed cul-de-sac roadway that extends south from East Copper Point Way. Submit a design of the turnaround for review and approval by District staff. 22. The residential turnarounds shall be constructed to provide a minimum turning radius of 45-feet and the commercial turnarounds shall be constructed to provide a minimum turning radius of 55-feet. The applicant shall also be required to provide a minimum of a 29-foot street section on either side of any proposed center islands within the turnarounds. The medians shall be constructed a minimum of 4- feet wide to total a minimum of a 100- square foot area. Dedicate 54-feet of right-of-way plus the additional width of the median. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUTHERLAND FARM - (AZ-02-004) 23. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this shall be required on the final plat. 24. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. 25. Any existing irrigation facilities shall be relocated outside ofthe right-of-way. 26. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. 27. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 28. Other than the access points specifically approved with this application, direct lot or parcel access to Eagle Road and Victory Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. 29. Comply with all the Standard Requirements listed within the ACHD report with the date ofthe ACHD Commission Date - May 8, 2002. Adopt the Recommendations of the Meridian Fire Department as follows: 1. That a fire-flow consistent with Appendix III-A of the Uniform Fire Code be provided to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A 2. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 3. Acceptance ofthe water supply for fire protection will be by the Meridian Water Department. 4. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. 5. All internal & external roads shall have a radius of28' inside and 48' outside radius. 6. Insure that all yet undeveloped parcels are maintained free of combustible vegetation per section 1103.2.4 ofthe Uniform Fire Code. 7. The roadways shall be built to Ada County Highway Standards. 8. The proposed buildings & uses shall comply with the 1997 Uniform Fire Code. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUTHERLAND FARM - (AZ-02-004) Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: 1. If a pressure urban irrigation system will be owned, operated and maintained by the District, contact the District pertaining to the installation of the pressure urban system. 2. Fill out questionnaire and return to the District to initiate the process of contractual agreements between the owner or developer and the District for the ownership, operation and maintenance ofthe pressure urban irrigation system. Adopt the Recommendations of the Parks and Recreation Department as follows: 1. The neighborhood park located in Block I, Lot 54 shall be far more functional and appealing as a subdivision amenity if the seven lots in the southeast comer were eliminated. Four of the seven lots have been deleted, and therefore, to allow for the 5- acre park, the three remaining lots in the southeast comer shall need to be deleted. This would expand the visibility corridor and increase the park size to approximately 5 acres. The Parks Department has a 5-acre minimum for a city owned Neighborhood Park. If the maintenance costs for the 5-acre private park were a burden for the homeowners in the future, the Parks Department would consider maintaining the site if it was deeded to the City. 2. The Pathway shall be constructed as follows: a. Ten-foot-wide hard surface with ground sterilent, 6 inch compacted road mix, and 2 inches of asphalt (specs available). b. Path shall be located at the base of the Ridenbaugh Canal bank or adjacent to the canal maintenance road. c. A 6-foot-high medal fence shall be installed between the path and the canal. d. The path shall be a minimum of 1 Gfeet from the back property lines. e. The property line fencing adjacent to the path shall be see through or a maximum of 4-feet-high, if solid. f. Bollards, garbage cans, and benches shall be installed per park department standards. Adopt the action of the City Council taken at their July 16,2002 meeting as follows: 1. The applicant shall restrict the building of homes on Lots 12, 13 and 14 of Block 9 and Lots 5 and 6 of Block 9 not to exceed a peak height of 25' or less. 2. The Memorandum of Understanding, dated June 13, 2002, between the developer, Sutherland Faun, Inc. for Sutherland Faun Subdivision, and Mr. Gale Sasser, pertaining to the design elements for the interface between the two properties to ensure compatibility, shall be complied with by Sutherland Farm, Inc. as agreed upon between the two parties. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUTHERLAND FARM - (AZ-02-004) 3. An 8 foot cedar fence shall be built along the entire length ofthe western and northern property boundaries. 4. Landscaping shall be extensive with a mixture of evergreen and deciduous trees and agreed upon between the applicant and adjacent property owners. 5. The applicant shall increase the rear setback of30 feet for Lots 2, 3, 4, 5, 6, 7, and 8 of Block 8. 6. The proposed bridge over the Ridenbaugh Canal shall require bonding by ACHD for construction of the bridge prior to signature on the final plat. ACHD shall determine a Letter of Credit amount that the applicant shall post to pay their portion ofthe construction of the bridge. 7. The site which lies west of the residential area, and the commercial general use area to the north, shall require conditional use permits. 8. Applicant shall install water along their frontage, and when the water is extended from Eagle Road through the development, the water shall be used for future phases, and shall be positioned along the public road that is plmmed for and when the first phase along Victory Road. The water shall be available to anyone adjacent to it on either end. 9. A Latecomers Fee for sewer service through the Silverstone Subdivision is required, and ifrequired, a Well Development Latecomers Fee shall be entered into. 10. Applicant shall provide temporary turnarounds for the designated stub streets which are over 150 feet in length. 11. Applicant has only submitted a conceptual plan on the office uses to date, at a later time applicant shall submit a detailed CUP for the planned development for the office uses. However, the commercial uses north of the Ridenbaugh Canal are not proposed to be part of the PD and shall be zoned separately. 11. It is found that if the developer pays for the requested improvements and complies with the conditions set forth in these Findings of Fact No. 10, and all sub-parts, the economic welfare ofthe City and its residents and tax and rate payers will be protected, a condition of annexation and zoning designation. 12. It is also found that the development considerations as referenced in Finding No. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUTHERLAND FARM - (AZ-02-004) 10 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. 13. It is found that the zoning of the subject real property as General Retail and Service Commercial (C-G) and Low Density Residential District (R-4) requires connection to the Municipal Water and Sewer systems and will be compatible with the Applicant's development intentions, and will assure that the zoning is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Mixed Residential. 14. The subject annexation request and zoning designation and proposed development relates to and is compatible with the goals and policies of the Comprehensive Plan of the City as follows: Goals Section Goal 4: To provide housing opportunities for all economic groups within the community. Goal 8: To establish compatible and efficient use of land through the use of innovative and functional site design. Goal 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. Goal 9: To encourage a balance of land use patterns to insure that revenues pay for services. Economic Development 1.1 The City of Meridian shall make every effort to create a positive atmosphere that encourages.. . commercial enterprises to locate in Meridian. 1.3 The character, site improvements and type of new commercial or industrial developments should be hannonized with the natural environment and respect the unique needs and FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUTHERLAND FARM - (AZ-02-004) features of each area. 1.5 Strip industrial and commercial uses are not in compliance with the Comprehensive Plan. 3.1 U - Approve quality housing projects that meet the needs of all economic levels. 3.2U - Encourage efforts to develop and maintain quality neighborhoods and housing. . . Land Use 1.1OU Promote the design of attractive roadway entryway areas into Meridian which will clearly identify the community. 2.1 U - Support a variety ofresidential categories for the purpose of providing the City with a range of affordable housing opportunities. 2AU - Encourage sidewalks and paved streets for all existing neighborhoods... 3.7 Industrial uses which require the storage or the production of explosive or hazardous materials should not be located near residential areas, and should conform to disposal, spill and storage measures as outlined by the U.S. EPA. 4.3U Encourage new commercial development in under-utilized existing commercial areas. 5.9 The integrity and identity of any adjoining residential neighborhood should be preserved through the use of buffering techniques, including screen plantings, open space and other landscaping techniques. 5.12 Strip development within this mixed-use area is not in compliance with the goals and policies ofthe Comprehensive Plan. 5.13 Clustering of uses and controlled access points along arterials and collector streets will be required. 5.14 Because these areas are near 1-84 and Franklin Roads, high-quality visual appearance is essential. All development proposals in this area will be subject to development review guidelines and conditional use permitting procedures. Natural Resource & Hazardous Areas 2.1 U Development along major drainage ways will be restricted to ensure that development does not cause additional ground or surface water contamination. 3.1U Manage and prevent unsuitable uses along drainage ways and protect the flood plain of creeks and drains. 3.2U Protect the potential beauty and recreational trail opportunities of all Meridian waterways. Community Design 1.3 Open space areas within all development should be encouraged. 104 Major entrances to the City should be enhanced and emphasized. Unattractive land uses along these entrances should be screened from view. 2.1 U Require businesses and government to install and maintain landscaping. 2.3U Encourage the beautification of streets, parking lots. . .etc. 6.2U - Pedestrian access connectors will be required in all new development to link subdivisions together to promote neighborhood identity. 6.11 U - Promote well-planned and well-designed affordable housing in all Meridian neighborhoods. Transportation Chapter 1.19U - Encourage proper design of residential neighborhoods to ensure their safety and tranquility. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 11 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUTHERLAND FARM - (AZ-02-004) 1.14 - Design and performance standards should be applied to infilling development in order to reduce adverse impacts upon existing adj acent development. 1.18 - As Planned Development methods and standards are implemented by the City of Meridian, variations pertaining to planned development - maximum density, dimensional standards, and other requirements - shall not exceed 25% of the existing requirements, and shall be recommended when one or more of the Planned Development design and developmental objectives are met. 15. It is found that the requested zoning designations, R-4 to the south of the Ridenbaugh Canal and C-G to the nOlih of the Ridenbaugh Canal, is harmonious with and in accordance with the adopted Comprehensive Plan and Generalized Land Use Map, which designates the land to be Mixed Residential and Single Family Residential. Although, the Schedule of Use Control (MCCll-8-1) states that only detached single-family dwellings are permitted within the R-4 zone, the Planned Development Ordinance allows a mixture of different housing types, (townhouses, duplexes and detached single-family dwellings) within a single planned development, regardless of the underlying zone, so long as the overall density of the underlying zone is not exceeded (MCC I 2-6-4 A). Accordingly, the overall density of the residential portion of the planned development is approximately three dwelling units per acre. 16. No plans to re-zone the property in the future have been presented, and it is not anticipated that an application for re-zone will be received in the future. 17. It is found that Sutherland Farm will be developed in a manner that will be allowed under the new zoning and according to the Planned Development Standards. 18. It is found that recent approval ofthe annexation and zoning of Silverstone II on the north side ofthe Ridenbaugh Canal would dictate that the adjacent property to the east should be similarly zoned and developed (as proposed). The Ridenbaugh Canal provides a natural buffer/separation between land uses. Muir Woods Subdivision to the east has provided a stub-street at the Sutherland Farm western property line in expectation of similar development. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUTHERLAND FARM - (AZ-02-004) 19. It is found that general vicinity provides a mix of commercial uses and standard to estate sized residential lots. The intended character of the vicinity, as noted on the Generalized Land Use Map, is for mixed housing projects, detached single-family lots and mixed uses north of the Ridenbaugh Canal. It is also found that the proposed uses can be designed and constructed in a manner that will be harmonious with and appropriate in appearance with the existing and intended character of the surrounding area. 20. It is not anticipated that the proposed uses will be hazardous or disturbing to future or existing neighbors. 21. It is found that the subj ect property will be served adequately by all essential public facilities and services, with the exception of water service. Computer modeling indicates that existing available fire flows and pressures will not be adequate to serve the Commercial/office/multi-family area of the subdivision at present. The City of Meridian will be bringing a new supply well on line in the Silverstone project within the next six to eight months, and with the development ofthe Silverstone project, a new main will extend under the Ridenbaugh Canal. According to the computer model, once these two items are complete fire flows and pressures will be adequate to serve the higher demands of the above mentioned areas. 22. It is found that there will not be additional requirements at public cost and that the annexation and zoning will not be detrimental to the community's economic welfare. 23. It is found that the proposed uses will create additional traffic on both Eagle and Victory Roads; however, sit is not believed that the increase in traffic will be excessive. It is also not anticipated that the proposed development will generate traffic, noise, smoke, odors or other nuisances that would be detrimental to the general welfare of the surrounding area. 24. It is found that the proposed vehicular approach on Eagle Road aligns with the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUTHERLAND FARM - (AZ-02-004) /.. ( existing entry into Thousand Springs Subdivision, and should not appreciably interfere with traffic on the surrounding streets. The other major access (Victory) and stub-streets provided for within the plat do not appear to be designed in a manner that would create interference with traffic on surrounding streets. The Applicant has provided a number of stub-streets to other properties for interconnectivity in the future. 25. It is found that no natural or scenic features of major importance will be lost or damaged by approval of this annexation request. The overall design of the subject property includes a pathway adjacent to the Ridenbaugh Canal. 26. It is found that the annexation of this property would be in the best interest of the City by providing a variety of housing types, the addition of employment opportunities and the creation of additional recreation facilities (pathways and a subdivision park). CONCLUSIONS OF LAW 1. The City of Meridian has authority to annex real property upon written request for annexation and the real property being contiguous or adjacent to city boundaries and that said property lies within the area of city impact as provided by Idaho Code Section 50-222. The Meridian City Code S 11-16 provides the City may annex real property that is within the Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan. 2. The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 3. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act of 1975", codified at Chapter 65, Title 67, Idaho Code by the adoption ofthe Comprehensive Plan City of Meridian adopted December 21, 1993, Drd. No. 629, January 4, 1994. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUTHERLAND FARM - (AZ-02-004) ( 4. The following are found to be pertinent provisions of the City of Meridian Comprehensive Plan and are applicable to this Application: Goals Section Goal 4: To provide housing opportunities for all economic groups within the community. Goal 8: To establish compatible and efficient use of land through the use of ilUlovative and functional site design. Goal 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. Goal 9: To encourage a balance ofland use patterns to insure that revenues pay for services. Economic Development 1.1 The City of Meridian shall make every effort to create a positive atmosphere that encourages.. . commercial enterprises to locate in Meridian. 1.3 The character, site improvements and type of new commercial or industrial developments should be harmonized with the natural environment and respect the unique needs and features of each area. 1.5 Strip industrial and commercial uses are not in compliance with the Comprehensive Plan. 3.lU - Approve quality housing projects that meet the needs of all economic levels. 3.2U - Encourage efforts to develop and maintain quality neighborhoods and housing. . . Land Use 1.1 au Promote the design of attractive roadway entryway areas into Meridian which will clearly identify the community. 2.1 U - Support a variety of residential categories for the purpose of providing the City with a range of affordable housing opportunities. 2AD - Encourage sidewalks and paved streets for all existing neighborhoods.. . 3.8 Industrial uses which require the storage or the production of explosive or hazardous materials should not be located near residential areas, and should conform to disposal, spill and storage measures as outlined by the U.S. EP A. 4.3U Encourage new commercial development in under-utilized existing commercial areas. 5.9 The integrity and identity of any adjoining residential neighborhood should be preserved through the use of buffering techniques, including screen plantings, open space and other landscaping techniques. 5.15 Strip development within this mixed-use area is not in compliance with the goals and policies of the Comprehensive Plan. 5.16 Clustering of uses and controlled access points along arterials and collector streets will be required. 5.17 Because these areas are near 1-84 and Franklin Roads, high-quality visual appearance is essential. All development proposals in this area will be subject to development review guidelines and conditional use permitting procedures. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUTHERLAND FARM - (AZ-02-004) Natural Resource & Hazardous Areas 2.1 U 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 drainage ways and protect the flood plain of creeks and drains. 3.2U Protect the potential beauty and recreational trail opportunities of all Meridian waterways. Community Design 1.5 Open space areas within all development should be encouraged. 1.6 Major entrances to the City should be enhanced and emphasized. Unattractive land uses along these entrances should be screened from view. 2.1 U Require businesses and government to install and maintain landscaping. 2.3U Encourage the beautification of streets, parking lots. . .etc. 6.2U - Pedestrian access connectors will be required in all new development to link subdivisions together to promote neighborhood identity. 6.11 U - Promote well-planned and well-designed affordable housing in all Meridian neighborhoods. Transportation Chapter 1.19U - Encourage proper design of residential neighborhoods to ensure their safety and tranquility. 1.14 - Design and performance standards should be applied to infilling development in order to reduce adverse impacts upon existing adjacent development. 1.18 - As Planned Development methods and standards are implemented by the City of Meridian, variations pertaining to planned development - maximum density, dimensional standards, and other requirements - shall not exceed 25% of the existing requirements, and shall be recommended when one or more of the Planned Development design and developmental objectives are met. 5. The zoning of Low Density Residential District (R-4) and General Retail and Service Commercial (C-G) are defined in the Zoning Ordinance at 9 11-7-2 C and K as follows: (R-4) Low Density Residential District: Only single-family dwellings shall be permitted and no conditional uses shall be permitted except for planned residential development and public schools. The purpose ofthe R-4 District is to permit the establishment oflaw density single-family dwellings, and to delineate those areas where predominantly residential development has, or is likely to occur in accord with the Comprehensive Plan of the City, and to protect the integrity of residential areas by prohibiting the intrusion of incompatible nonresidential uses. The R-4 District allows for a maximum of four (4) dwelling units per acre and requires connection to the Municipal water and sewer systems of the City. And C-G General Retail And Service Commercial District: The purpose of the C-G District is to provide for commercial uses which are customarily operated entirely or FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUTHERLAND FARM - (AZ-02-004) ( almost entirely within a building; to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need of 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. 6. Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation ofland. See Burt vs. The City ofIdaho Falls, 105 Idaho 65, 665 P2d 1075 (1983). 7. The development of the annexed land, if annexed, shall meet and comply with the Ordinances of the City of Meridian including, but not limited to: Section 12-2-4 which pertains to development time schedules and requirements; Section 12-4-13, which pertains to the piping of ditches; and Section 12-5-2 N, which peliains to pressurized irrigation systems, and Zoning and Subdivision and Development Ordinance of the City of Meridian. 8. Pursuant to Section 11-16-4 A ofthe Zoning and Development Ordinance the owner and/or developer shall enter into a Development Agreement, if such is required by the City. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does Order: 1. The applicant's request for annexation and zoning of approximately 127.74 acres to Low Density Residential District (R-4) and General Retail and Service Commercial (C-G) is granted subj ect to the terms and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of 127.74 acres. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 17 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUTHERLAND FARM - (AZ-02-004) shall conform to all the provisions ofthe City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686. 3. Developer shall be required to met the conditions set forth and in the event the conditions herein are not met by the Developer that the property shall be subject to de- annexation, with the City of Meridian, which provides for the following conditions of development, to-wit: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. Essential City services are available to the subject property. 2. Remove any existing domestic wells and/or septic systems within this project from their domestic service per City Ordinance Section 5 7 517. Wells may be used for non- domestic purposes such as landscape irrigation. 3. A development agreement shall be required as part of this annexation request. Adopt the Recommendations of the ACHD as follows: 1. Dedicate 48-feet of right-of-way from the centerline of Eagle Road abutting the parcel by means of a warranty deed. The right-of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. 2. Dedicate 48-feet of right-of-way from the centerline of Victory Road abutting the parcel by means of a warranty deed. The right-of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. 3. Construct a 5-foot wide detached concrete sidewalk on Eagle Road located 2-feet within the new right-of-way. Coordinate the location and elevation of the sidewalk with District staff. lfthe sidewalk meanders outside of the right-of-way, provide an easement for the sidewalk. 4. Construct a 5-foot wide detached concrete sidewalk on Victory Road located 2-feet within the new right-of-way. Coordinate the location and elevation of the sidewalk with FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 18 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUTHERLAND FARM - (AZ-02-004) District staff. lfthe sidewalk meanders outside of the right-of-way, provide an easement for the sidewalk. 5. Construct a center turn lane on Eagle Road for the East Easy Jet Drive intersection or road trust for the improvements, whichever should occur first. The turn lane shall be constructed to provide a minimum of 100- feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. 6. Construct a center turn lane on Eagle Road or road trust for the improvements, whichever should occur first for the proposed shared driveway located on Eagle Road approximately 300-feet south of the north property line. The turn lane shall be constructed to provide a minimum of 100-feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. 7. Construct a center turn lane on Eagle Road for the East Copper Point Way intersection or road trust for the improvements, whichever should occur first. The turn lane shall be constructed to provide a minimum of I 00- feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design ofthe turn lane with District staff. 8. Construct a shared-driveway on Eagle Road for Lot 3, Block 2 and Lot 4, Block 2, as proposed. This proposed shared-driveway is located on Eagle Road approximately 300- feet south of the north property line. This proposed driveway meets District policy and is approved with this application. 9. Pave the driveway on Eagle Road that serves Lot 3, Block 2 and Lot 4, Block 2 its full width of30 to 35-feet and at least 30-feet into the site beyond the edge of pavement of Eagle Road and install pavement tapers with IS-foot radii abutting the existing roadway edge. 10. Construct two main entrances to the subdivision, as proposed. The proposed main entrance locations meet current District policy and are approved with this application. a. East Easy Jet Drive is proposed to be located on Eagle Road approximately 850- feet south of the north property line and is proposed to align with Easy Jet Drive. East Easy Jet Drive shall be designed with 21-foot street sections on either side of a center median. The median shall be constructed a minimum of 4- feet wide (maximum 12-feet wide) to total a minimum of a 100-square foot area. The applicant will be required to dedicate 54-feet of right-of-way plus the additional width of the median. b. South Bay Star Way is proposed to be located on Victory Road approximately 800-feet east of Eagle Road. South Bay Star Way shall be designed with 21-foot street sections on either side of a center median. The median shall be constructed FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 19 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUTHERLAND FARM - (AZ-02-004) a minimum of 4-feet wide (maximum 12-feet wide) to total a minimum of a 100- square foot area. The applicant will be required to dedicate 54-feet ofright-of- way plus the additional width of the median. c. Construct Easy Jet Drive west of South Nephrite Way as a commercial! industrial roadway, as proposed. The roadway shall be constructed as a 40-foot street section with curb, gutter, 5-foot wide concrete sidewalk within 54-feet ofright-of- way. 11. Designated Easy Jet Drive between South Nephrite Way and South Proud Way as a residential collector street with no front-on housing. This roadway shall be constructed as 36-foot street sections with curb, gutter and 5-foot wide concrete sidewalks with access restrictions stated on the final plat. Unless othetwise noted, parking shall be prohibited on these street segments. Coordinate the signage plan with District staff. 12. Construct a commercial! industrial roadway that intersects East Copper Point Way approximately I 50-feet east of South Cobblestone Way, as proposed. This commercial! industrial roadway meets District policy and is approved with this application. The roadway shall be constructed as a 40-foot street section with curb, gutter, 5-foot wide concrete sidewalk within 54-feet of right-of-way. 13. Construct all public roads within the subdivision as 36-foot street sections with curb, gutter, and 5-foot wide concrete sidewalks within 50-feet of right-of-way, as proposed. 14. Extend Hollandale Street, an existing stub street into the site at the east property line that is a part of the Muir Woods Subdivision, as proposed. Construct Hollandale Street as a stub street with temporary bollards. A sign shall be placed on the bollards that states, "this road will become an open connection when a public road to Overland Road is constructed. " 15. Extend Knapp Drive, an existing stub street, into the site at the south property line, as proposed. Construct Knapp Drive as a stub street with temporary bollards. A sign shall be placed on the bollards that states, "this road will become an open connection when a public road to Overland Road is constructed." 16. Construct five stub streets, as proposed. · The first stub street, South Pond Way, is proposed to stub to the south property line approximately 1900-feet east of Eagle Road. . The second stub street, South Mueyah Way, is proposed to stub to the south property line approximately SOD-feet east of Eagle Road. . The third stub street, East Publisher Street, is proposed to stub to the west property line approximately 730-feet north of Victory Road. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 20 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUTHERLAND FARM - (AZ-02-004) . The fourth stub street, North Knapp Avenue is proposed to stub to the north property line approximately I,OOO-feet ofthe east property line. This stub street is proposed to cross the Ridenbaugh CanaL · The fifth stub street, East Copper Point Way is proposed to remain as a stub at the north property line approximately 1,250-feet west of the east property line. 17. Provide a paved temporary turnaround at the end of South Mureyah Way with a temporary easement provided to the District and install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street, and the design of the turnaround with District staff. 18. Submit preliminary drawings for the cost of constructing the bridge from Sutherland Farms to the North property line. The applicant shall road trust for one half of the total cost of the plans, material and labor to construct the bridge. The road trust or the construction of the bridge shall be phased according to final platting and traffic warrants. 19. Construct North Knapp Avenue as 36-foot street sections with curb, gutter and 5-foot wide concrete sidewalks. The applicant shall be designated this roadway as a residential collector street with no front-on housing with access restrictions for these street segments stated on the final plat. Unless otherwise noted, parking shall be prohibited on these street segments. Coordinate the signage plan with District staff. 20. Construct an alley located on South Nephrite Way north of East Rolfe Street, as proposed. The alley shall have a minimum of 16-feet of right-of-way and shall be improved by paving the full width and length of the right-of-way. Dedication of clear title to the right-of-way, improvement ofthe alley, and acceptance ofthe improvement by the District as meeting its construction standards are required for all alleys contained in a proposed development. 21. Construct ACHD approved turnarounds at the end of East Shergar Court, East Moner Court, East Spur Court, South Halo Place, East Hillis Court, East Legal Place and the unnamed cul-de-sac roadway that extends south from East Copper Point Way. Submit a design of the turnaround for review and approval by District staff. 22. The residential turnarounds shall be constructed to provide a minimum turning radius of 45-feet and the commercial turnarounds shall be constructed to provide a minimum turning radius of 55-feet. The applicant shall also be required to provide a minimum of a 29-foot street section on either side of any proposed center islands within the turnarounds. The medians shall be constructed a minimum of 4- feet wide to total a minimum of a 100- square foot area. Dedicate 54-feet afright-of-way plus the additional width afthe median. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 21 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUTHERLAND FARM - (AZ-02-004) 23. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this shall be required on the final plat. 24. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. 25. Any existing irrigation facilities shall be relocated outside ofthe right-of-way. 26. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. 27. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 28. Other than the access points specifically approved with this application, direct lot or parcel access to Eagle Road and Victory Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. 29. Comply with all the Standard Requirements listed within the ACHD report with the date of the ACHD Commission Date - May 8, 2002. Adopt the Recommendations of the Meridian Fire Department as follows: 1. That a fire-flow consistent with Appendix III-A of the Uniform Fire Code be provided to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A 2. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 3. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 4. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. 5. All internal & external roads shall have a radius of28' inside and 48' outside radius. 6. Insure that all yet undeveloped parcels are maintained free of combustible vegetation per section 1103.2.4 ofthe Unifonn Fire Code. 7. The roadways shall be built to Ada County Highway Standards. 8. The proposed buildings & uses shall comply with the 1997 Uniform Fire Code. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 22 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUTHERLAND FARM - (AZ-02-004) Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: 1. If a pressure urban irrigation system will be owned, operated and maintained by the District, contact the District pertaining to the installation of the pressure urban system. 2. Fill out questionnaire and return to the District to initiate the process of contractual agreements between the owner or developer and the District for the ownership, operation and maintenance of the pressure urban irrigation system. Adopt the Recommendations of the Parks and Recreation Department as follows: 1. The neighborhood park located in Block 1, Lot 54 shall be far more functional and appealing as a subdivision amenity if the seven lots in the southeast comer were eliminated. Four of the seven lots have been deleted, and therefore, to allow for the 5- acre park, the three remaining lots in the southeast comer shall need to be deleted. This would expand the visibility corridor and increase the park size to approximately 5 acres. The Parks Department has a 5-acre minimum for a city owned Neighborhood Park. Ifthe maintenance costs for the 5-acre private park were a burden for the homeowners in the future, the Parks Department would consider maintaining the site if it was deeded to the City. 2. The Pathway shall be constructed as follows: a. Ten-foot-wide hard surface with ground steri1ent, 6 inch compacted road mix, and 2 inches of asphalt (specs available). b. Path shall be located at the base of the Ridenbaugh Canal bank or adjacent to the canal maintenance road. c. A 6-foot-high medal fence shall be installed between the path and the canal. d. The path shall be a minimum of 1 Ofeet from the back property lines. e. The property line fencing adjacent to the path shall be see through or a maximum of 4-feet-high, if solid. f. Bollards, garbage cans, and benches shall be installed per park department standards. Adopt the action of the City Council taken at their July 16, 2002 meeting as follows: 1. The applicant shall restrict the building of homes on Lots 12, 13 and 14 of Block 9 and Lots 5 and 6 of Block 9 not to exceed a peak height of25' or less. 2. The Memorandum of Understanding, dated June 13,2002, between the developer, Sutherland Farm, Inc. for Sutherland Farm Subdivision, and Mr. Gale Sasser, pertaining to the design elements for the interface between the two properties to ensure compatibility, shall be complied with by Sutherland Farm, Inc. as agreed upon between the two parties. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 23 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUTHERLAND FARM - (AZ-02-004) 3. An 8 foot cedar fence shall be built along the entire length of the western and northern property boundaries. 4. Landscaping shall be extensive with a mixture of evergreen and deciduous trees and agreed upon between the applicant and adjacent property owners. 5. The applicant shall increase the rear setback of30 feet for Lots 2, 3, 4, 5, 6, 7, and 8 of Block 8. 6. The proposed bridge over the Ridenbaugh Canal shall require bonding by ACHD for construction of the bridge prior to signature on the final plat. ACHD shall determine a Letter of Credit amount that the applicant shall post to pay their portion of the construction ofthe bridge. 7. The site which lies west ofthe residential area, and the commercial general use area to the north, shall require conditional use permits. 8. Applicant shall install water along their frontage, and when the water is extended from Eagle Road through the development, the water shall be used for future phases, and shall be positioned along the public road that is planned for and when the first phase along Victory Road. The water shall be available to anyone adjacent to it on either end. 9. A Latecomers Fee for sewer service through the Silverstone Subdivision is required, and ifrequired, a Well Development Latecomers Fee shall be entered into. 10. Applicant shall provide temporary turnarounds for the designated stub streets which are over 150 feet in length. 11. Applicant has only submitted a conceptual plan on the office uses to date, at a later time applicant shall submit a detailed CUP for the planned development for the office uses. However, the commercial uses north of the Ridenbaugh Canal are not proposed to be part of the PD and shall be zoned separately. 4. The City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the annexation and zoning designation ofthe real property which is the subject ofthe application to Low Density Residential District (R-4) and General Retail and Service Commercial District (C-G), and Meridian City Code S 11-7-2 C and K. 5. Subsequent to the passage ofthe Ordinance provided for in section 4 of this Order the engineering staff of the Public Works Department shall prepare the appropriate FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 24 AND DECISION AND ORDER GRANTING APPLICA nON FOR ANNEXATION AND ZONING/SUTHERLAND FARM - (AZ-02-004) mapping changes of the official boundaries and zoning maps as provided in Meridian City Code S 11-21-1 in accordance with the provisions of the annexation and zoning ordinance. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body ofthe City of Meridian. Pursuant to Idaho Code S 67-6521 an affected person is a person who has an interest in real property which may be adversely affected by the issuance or denial of the annexation and zoning and who may within twenty-eight (28) days after the date ofthis decision and order seek ajudicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the Ie ~ day of AUJXlA- ~ ROLLCALL ,2002. COUNCILMAN KEITH BIRD VOTED~ VOTED~ VOTED-*- VOTED~ COUNCIL WOMAN TAMMY deWEERD COUNCIL WOMAN CHERIE Me CANDLESS COUNCILMAN WILLIAM L.M. NARY MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: ~- '-+> - 0'2 VOTED - MOTION: APPROVED:~TSAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 25 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUTHERLAND FARM - (AZ-02-004) the City Attorney. \\ttbIlUl:uq, ..,'\.'\'t" ",t: MJ:::F"'>~i~ll, ...,.... '{ U"l "-rQh. I, ~' {\. .....If. ....1- ! () CPWO~h ~ % J!... :: ~ <e--O':;' B'X!/~P~9- Dated: $-I:I-tJ2-~ ~ Clty Clerk 73. -y !'J- ~ c:n q,o:: -:::. ~"'u '\ 0'" ~ '0 '/$.,. lS\ ' ~.$ ~""~ ~ ,.;;:..... "1 OOJ tV7" \\) \\,.... 1/11 . '_'" , 'l.' \\' Z:\Work\M\Meridian\Meridian 15360M\Sutherland Farm AZ-02-004 PP-02-004 CUP.02-005\AZFfCI&Ofdet;do~, ,. \ \ \ \ FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 26 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUTHERLAND FARM - (AZ-02-004) BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR PRELIMINARY PLAT FOR UTILITY SUBDIVISION, LOCATED AT 3365 N. TEN MILE ROAD, MERIDIAN, IDAHO BY FALCON CREEK, LLC APPLICANT C/C 07-16-02 ) ) ) ) ) ) ) ) ) ) Case No. PP-OI-017 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL OF PRELIMINARY PLAT The above entitled matter coming on regularly for public hearing before the City Council on July 16, 2002, at the hour of 6:30 0' clock p.m., at the Meridian City Hall, 33 East Idaho, Meridian, Idaho, and the City Council takes judicial notice of its action of the denial of the application for annexation and zoning in Case No. AZ-01-015, and the hearing was opened on the preliminary plat application and Shari Stiles, Planning and Zoning Administrator, Ashley Ford, Steve Sedlacek, Janet Wilder, Charles Crane, Cheryl Hennings, John George, Mark Reece, Dana Borquist, Charles Cody, and Tom Kuntz, and the City Council based upon its Findings of Fact and Conclusions of Law and Decision and Order in Case No. AZ-OI-015 does hereby deny the application for preliminary plat approval. FINDINGS OF FACT 1. It is found that the Recommendation To City Council of the Planning and Zoning Commission is not reasonable nor appropriate for the conditions of approval of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL OF PRELIMINARY PLAT FALCON CREEK, LLC FOR UTILITY SUBDIVISION (PP-OI-017) - 1 preliminary plat due to the denial ofthe annexation and zoning in Case No. AZ-OI-015. DECISION AND ORDER Pursuant to the City Council's authority as provided in Meridian City Code Section 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted: IT IS HEREBY ORDERED AND THIS DOES ORDER, that based upon the denial of the annexation and zoning in Case No. AZ-O 1-0215, the Council does hereby deny the application for preliminary plat approval. . -ff----' By action of the City Council at its regular meeting held on the Lday of ~~ ,2002. BY:~~,:i Ll.~~ R RT D. CORRIE Mayor, City of Meridian - - - FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL OF PRELIMINARY PLAT FALCON CREEK, LLC FOR UTILITY SUBDIVISION (pP-Ol-017) -2 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE REQUEST FOR ANNEXATION AND ZONING OF 34.60 ACRES FROM RUT TO I-L AND L-O ZONES FOR THE PROPOSED UTILITY SUBDIVISION, LOCATED AT 3365 N. TEN MILE ROAD, MERIDIAN, IDAHO BY: FALCON CREEK, LLC, APPLICANT C/C 07-16-02 ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. AZ-OI-015 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL The above entitled annexation and zoning application having come on for public hearing on July 16,2002, at the hour of 6:30 o'clock p.m., Shari Stiles, Planning and Zoning Administrator, Ashley Ford, Steve Sedlacek, Janet Wilder, Charles Crane, Cheryl Hennings, John George, Mark Reece, Dana Borquist, Charles Cody, and Tom Kuntz, appeared and testified, and the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT 1. The notice of public hearing on the application for annexation and zoning was published for two (2) consecutive weeks prior to said public hearing scheduled for July 16, 2002, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers ofrecord within three hundred (300') feet of the external FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1 AND DECISION AND ORDER OF DENIAL / FALCON CREEK, LLC - PROPOSED UTILITY SUBDIVISION (AZ-O 1-0 15) 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 July 16, 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 f01ih in Idaho Code SS67-6509 and 67-6511, and SS11-2-416E and 11-2-417A, Municipal Code of the City of Meridian. 3. The City Council takes judicial notice of its zoning, subdivisions and development ordinances codified at Title 11, Municipal Code of the City of Meridian, and all cunent 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 34.60 acres in size and is located at 3365 N. Ten Mile Road. The property is designated as Utility Subdivision. 5. The owner ofrecord of the subject property is Falcon Creek, LLC of Boise, Idaho. 6. Applicant is owner of record. 7. The property is presently zoned by Ada County as RUT, and consists of pasture. 8. The Applicant requests the property be zoned as Light Industrial (I-L) and FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2 AND DECISION AND ORDER OF DENIAL I F ALCON CREEK, LLC - PROPOSED UTILITY SUBDIVISION (AZ-O 1-015) Limited Office (L-O). 9. The subject property is bordered to the north by I-L zoned property, to the south and east by R-4 zoned property, and to the west by City R-2 and County R-U- T zoned property. 10. The property which is the subject of this application is within the Area ofImpact ofthe City of Meridian, and the entire parcel of the property is included within the Meridian Urban Service Planning Area as defined in the Meridian Comprehensive Plan. L ] . The Applicant proposes to develop the subject property in the following manner: develop a waste transfer station, commercial vehicle repair, storage and office. 12. The Applicant requests zoning of the subject real property as I-L and L-Q which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Agricultural/Rural Residential. 13. The Meridian City Council recognizes and takes notice of the concerns of neighboring property owners expressed by mail and in person. 14. There are no significant or scenic features of major importance that affect the consideration of this application. 15. The proposed development does not constitute light industrial use. 16. The proposed development would pose concerns in regards to noise, odor, litter, and the potential impact to surrounding neighbors. 17. It is found to not be in the best interests of the City of Meridian to annex the subject property, at this time, given the subject development proposal. CONCLUSIONS OF LAW 1. The City of Meridian has authority to annex real prope1ty upon written request for annexation and the real prope1ty being contiguous or adjacent to city boundaries and that said FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 AND DECISION AND ORDER OF DENIAL I FALCON CREEK, LLC - PROPOSED UTILITY SUBDIVISION (AZ-OI-015) property lies within the area of city impact as provided by Idaho Code Section 50-222. The Municipal Code of the City of Meridian Section 11-2-417 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 City Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 3. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act of 1975", codified at Chapter 65, Title 67, Idaho Code by the adoption of the Comprehensive Plan City of Meridian adopted December 21, 1993, Ord. No. 629, January 4, 1994. 4. The requested zoning of Light Industrial (I-L) and Limited Office (L-O), are defined in the Zoning Ordinance at 11-7-2 C. as follows: (I-L) Lig-ht Industrial District: The purpose of the I-L Light Industrial District is to provide for light industrial development and opportunities for employment of Meridian citizens and area residents and reduce the need to commute to neighboring cities; to encourage the development of manufacturing and wholesale establishments which are clean, quiet and free of hazardous or objectionable elements, such as noise, odor, dust, smoke or glare and that are operated entirely or almost entirely within enclosed structures; to delineate areas best suited for industrial development because of location, topography, existing facilities and relationship to other land uses. This District must also be in such proximity to ensure connection to the Municipal water and sewer systems of the City. Uses incompatible with light industry are not permitted, and strip development is prohibited. And (L-O) Limited Office District: The purpose of the L-O District is to permit the establ ishment 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 AND DECISION AND ORDER OF DENIAL I FALCON CREEK, LLC - PROPOSED UTILITY SUBDIVISION (AZ-O] -0 I 5) use. Connection to the Municipal water and sewer system of the City is a requirement in this District. 5. That in S 11-2-417 A it provides in part that: "Ifthe Commission and Council approve an annexation request, the Commission and Council shall insure that said annexation is in accord with this Ordinance and the Comprehensive Plan." 6. Idaho Code S 67 -6511 (c) provides in matters where the City Council is considering a zoning designation application as follows: "If the request is found by the goveming board to be in conflict with the adopted plan, or would result in demonstrable adverse impacts upon the delivery of services by any political subdivision providing public services, including school districts, within the planning jurisdiction, the goveming board may require the request to be submitted to the planning or planning and zoning commission or, in absence of a commission, the goveming board may consider an amendment to the comprehensive plan pursuant to the notice and hearing procedures provided in section 67-6509, Idaho Code. After the plan has been amended, the zoning ordinance may then be considered for amendment pursuant to section 67-651l(b), Idaho Code." 7. Idaho Code S 67-6512 (a) provides the authority to grant special and/or conditional use permits" . . . . when it is not in conflict with the plan." [refelTing to the Comprehensive Plan.] 8. The City's authority to make and enforce ordinances are confined to within the City's boundaries as provided in Aliicle XII S 2 of the Constitution of the State ofIdaho. 9. The provisions ofLC. S 50-222 govem the conditions upon which the City may exercise its authority to annex territory, but the exercise of that authority is discretionary as determined by the City Council. FINDINGS OF FACT AND CONCLUSIONS OF LAW- AND DECISION AND ORDER OF DENIAL / FALCON CREEK, LLC - PROPOSED UTILITY SUBDIVISION (AZ-OI-015) Page 5 f DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby order and this does order: 1) That the application for annexation is denied for the following: a. The concerns of neighboring property owners expressed by mail and in person have been recognized. b. The proposed development does not constitute light industrial use. c. The proposed development would poses concerns in regards to noise, odor, litter, and the potential impact to surrounding neighbors. d. The City Council determined, at their July 16, 2002 meeting, that the annexation of the property is not in the best interest of the City of Meridian at this time. 2) Based upon the section set forth in item no. 1 the application for zoning designation is dismissed. 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 967-6521 an affected person being a person who has an interest in real property which may be adversely affected by the denial of the annexation and zoning may within twenty-eight (28) days after the date of this decision and order seek ajudicial review as provided by Chapter 52, Title 67, Idaho Code. FINDINGS OF FACT AND CONCLUSIONS OF LAW- AND DECISION AND ORDER OF DENIAL I FALCON CREEK, LLC - PROPOSED UTILITY SUBDIVISION (AZ-OI-015) Page 6 By action of the City Council at its regular meeting held on the b -1fr-- day of Jtu~USt ,2002. ROLL CALL: COUNCILMAN BIRD VOTED {(Lt2.- o COUNCIL WOMAN de WEERD VOTED~ COUNCILWOMAN McCANDLESS VOTED 1jt0-- COUNCILMAN NARY VOTED~ MAYORROBERTD. CORRIE (TIEBREAKER) VOTED DATED: 8-6-02- MOTION: APPROVED: ~ DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Depatiment, Public Works Department and the City Attomey. \\\\\1111111/11/ \\\ till 1/1 ................".1 Of MERlO 1111... ,....' ;:\ '\ ~ ......... l () oo<f\Pol1q ~ '1- '\ ,&j" ,,?S ~ 0 ~ Dated: (!) -p--/) '--~ ~ iL - '"Y~ (j& 2 ~ Q '\v 0 i2 ~.,o uSr 1S\ . ~,~ Z:\ Work\M\Meridian\Meridian I 5360M\Utility Sub AZ 0] -0] 5 PP-O 1-0 17 Dcnials\FFCLOrdAZO 1-0 15DENIAL.do'&... "1 0....... . '{v~ ....'"... ...//// UUt<IT'(., \\\' 'I/J in.; i': ; \ " ~- \ i \ '\ -,\ ByL~~~~y-. Ity Clerk FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER OF DENIAL I F ALCON CREEK, LLC - PROPOSED UTILITY SUBDIVISION (AZ-OI-015) Page 7 August 2, 2002 MERIDIAN CITY COUNCIL MEETING APPLICANT August 6, 2002 ITEM NO. 3-0 REQUEST Resolution No. 02-381: Recognizing ValleyRide as the regional public transportation authority AGENCY COMMENTS CITY CLERK: See Attached Resolution 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: ~If ~-D Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. RESOLUTION 02-381 BY THE CITY COUNCIL OF THE CITY OF MERIDIAN A RESOLUTION BY THE CITY OF MERIDIAN EVIDENCING THE APPROVAL OF THE CITY OF MERIDIAN FOR THE RECOGNITION OF V ALLEYRIDE AS THE SUCCESSOR TO VIATRANS AND FOR THE DESIGNATION OF V ALLEYRIDE AS THE DESIGNATED RECIPIENT FOR THE URBANIZED AREAS WITHIN ADA AND CANYON COUNTIES AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST THIS RESOLUTION ON BEHALF OF THE CITY OF MERIDIAN. WHEREAS, pursuant to Idaho Code, Chapter 21, Title 40, and as a result of the approval of the voters of Ada and Canyon Counties on November 3, 1998, a regional public transportation authOli.ty was created to serve Ada and Canyon Counties; and WHEREAS, the regional public transportation authority created to serve Ada and Canyon Counties has been heretofore known as VIATrans but has recently been renamed ValleyRide; and WHEREAS, Idaho Code 940-2109(1) vests ValleyRide, as the regional public transportation authority, with exclusive jurisdiction over all publicly funded or publicly subsidized transportation services and programs except those transportation services and programs under the jurisdiction of public school districts and law enforcement agencies within Ada and Canyon Counties; and WHEREAS, the Federal Transit Authority of the United States Department of Transportation provides grants to eligible urbanized areas for the provision of public transportation services; and WHEREAS, as a result of the 2000 Census urbanized areas have been designated within Ada and Canyon Counties by the Census Bureau as the Boise Urbanized Area, consisting of the City of Boise City, the City of Garden City, the City of Eagle and the City of Meridian, which urbanized area exceeds 200,000 in population, and the Nampa Urbanized Area, consisting of the City of Caldwell, the City of Middleton and the City ofNampa which urbanized area exceeds 50,000 in population; and WHEREAS, ValleyRide is willing to be designated as the recipient of Federal Transit Authority grants pursuant to the authority granted to it pursuant to Idaho Code, Chapter 21, Title 40, within Ada and Canyon Counties, as evidenced by Resolution 2002-03 attached here as Exhibit 1. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That the City of Meridian, does hereby support ValleyRide becoming the designated recipient of Federal Transit Authority grants within the municipal boundaries ofthe City of Meridian pursuant to the authority granted to ValleyRide pursuant to Idaho Code, Chapter 21, Title 40. Section 2. That the Mayor shall execute the document attached hereto as Exhibit 1. 40a74.0005.647070.~ Section 3. That this Resolution shall be in full force and effect immediately upon its adoption by the City Council and its approval by the Mayor of the City of Meridian. ADOPTED by the Council of the City of Meridian, Idaho, this /;+L- day of }hl~~-t , 2002. APPROVED by the Mayor of the City of Meridian, this LR-ft- day of ~~~ ,2002. APPROVED: ATTEST: ~~YlO. ~_ ~_ YOT Robert D, Corne .... - 40874.0005.&47070.1 EXHIBIT I Z:\Work\M\Mcriilian\Mcriilian 15360M\Rcsolutions City HaIl\2002\02-381 Vallcyridc.ResolutilA CITIES.DOC 40874.0005.647070.1 \fJ.MIf"MI'1~ t"f-\\:lt:. (1.0:: Exhibit 1 RESOLUTION 2002-03 BYTHE BOARD OFVALLEYRIDEACCEPTING THE DESIGNATION OFVALLEYRIDE AS THE DESIGNATED RECIPIENT FOR FEDERAL TRANSIT AUTHORITY GRANTS FOR THE NAMPA AND BOISE URBANIZED AREAS WHEREAS, pursuant to Idaho Code, Chapter 21, Title 40, and as a result of the approval of the voters of Ada and Canyon Counties on November 3, 1998, a regional public transportation authority ("ValleyRide") was created to serve Ada and Canyon Counties; and WHEREAS, Idaho Code 9 40-2109(1) vests ValleyRide, as a regional public transportation authority, with exclusive jurisdiction over all publicly funded or publicly subsidized transportation services and programs except those transportation services and programs under the jurisdiction of public school districts and law enforcement agencies within Ada and Canyon Counties; and WHEREAS, the Board of ValleyRide has previously evidenced its willingness to become the designated recipient of Federal Transit Authority grants pursuant to the authority granted to it pursuant to Idaho Code, Chapter 21, Title 40, within Ada and Canyon Counties as evidenced by Resolution 2002-02; and WHEREAS, the boards and councils of the constituent members of Valley Ride have expressed their desire to have ValleyRide be the designated recipient for Federal Transit Authority Grants for Ada and Canyon Counties. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF VALLEY RIDE: Section 1. That VaIJeyRide shall accept the status of designated recipient of Federal Transit Authority grants within the boundaries of Ada and Canyon Counties upon the granting of such by the Federal Transit Authority, according to the authority granted to VaJleyRide as a regional transit authority created pursuant to Idaho Code, Chapter 21, Title 40. Section 2. That the representatives of each constituent member of Valley Ride acknowledge their support for such designation as executed below. Section 3. That this Resolution shall be in full force and effect immediately upon its adoption by the Board of ValleyRide and its approval by the Board Chair. ADOPTED by the Board of ValleyRide, this19th day of June, 2002. 40874.0006.647070.1 AUG 01 '02 11:28 12088468564 PAr;F. 1'17 Vfl~~i~~~L ~,.~~ .L4r.JOOI-tUU..JU"1' V.l.1-\ I KHI~::> l-'Al:il:. 11l APPROVED by the Board Chair of ValleyRide this ~ 5fil day of Ju J.. r , 2002. ATTEST: APPROVED: d{ 1J[ ~, SECRETARY d~~ CHAIR ~oe?~.ooos.G.'O'O.l RUG 01 '02 11:28 12088468564 PAGE.01 CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN I, the undersigned, do hereby certify: 1. That I am the duly appointed and elected Clerk of the City of Meridian, a duly incorporated City operating under the laws of the State ofIdaho, with its principal office at 33 East Idaho, Meridian, Idaho. 2. That as the City Clerk of this City, I am the custodian of its records and minutes and do hereby certify that on the 6 -fA- day of ~r r -f" , 2002, the following action has been taken and authorized. A RESOLUTION BY THE CITY OF MERIDIAN EVIDENCING THE APPROVAL OF THE CITY OF MERIDIAN FOR THE RECOGNITION OF V ALLEYRlDE AS THE SUCCESSOR TO VIATRANS AND FOR THE DESIGNATION OF V ALLEYRIDE AS THE DESIGNATED RECIPIENT FOR THE URBANIZED AREAS WITHIN ADA AND CANYON COUNTIES AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST THIS RESOLUTION ON BEHALF OF THE CITY OF MERIDIAN, WHEREAS, pursuant to Idaho Code, Chapter 21, Title 40, and as a result of the approval of the voters of Ada and Canyon Counties on November 3, 1998, a regional public transportation authority was created to serve Ada and Canyon Counties; and WHEREAS, the regional public transportation authority created to serve Ada and Canyon Counties has been heretofore known as VIATrans but has recently been renamed ValleyRide; and WHEREAS, Idaho Code S 40-2109(1) vests ValleyRide, as the regional public transportation authority, with exclusive jurisdiction over all publicly funded or publicly subsidized transportation services and programs except those transportation services and programs under the jurisdiction of public school districts and law enforcement agencies within Ada and Canyon Counties; and WHEREAS, the Federal Transit Authority of the United States Department of Transportation provides grants to eligible urbanized areas for the provision of public transportation services; and WHEREAS, as a result of the 2000 Census urbanized areas have been designated within Ada and Canyon Counties by the Census Bureau as the Boise Urbanized Area, consisting of the City of Boise City, the City of Garden City, the City of Eagle and the City of Meridian, which urbanized area exceeds 200,000 in population, and the Nampa Urbanized Area, consisting of the City of CERTIFICATE OF CLERK - VALLEY RIDE PAGE 1 OF 2 Caldwell, the City of Middleton and the City of Narnpa which urbanized area exceeds 50,000 in population; and WHEREAS, ValleyRide is willing to be designated as the recipient of Federal Transit Authority grants pursuant to the authority granted to it pursuant to Idaho Code, Chapter 21, Title 40, within Ada and Canyon Counties, as evidenced by Resolution 2002-03 attached here as Exhibit 1. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That the City of Meridian, does hereby support ValleyRide becoming the designated recipient of Federal Transit Authority grants within the municipal boundaries of the City of Meridian pursuant to the authority granted to ValleyRide pursuant to Idaho Code, Chapter 21, Title 40. Section 2. That the Mayor shall execute the document attached hereto as Exhibit 1. Section 3. That this Resolution shall be in full force and effect irnmedi~\Y~I/}mon its adoption by the City Council and its approval by the Mayor ofthe City ofMeIid~ MER.:;:""II " ,,--\ fUrl /, ...' ~ " .#-1, "/ ! c} . .fjor'R0Fr4 r~ '1-- '\. ::: -:$" 0 -;. ~ - .= = - - STATE OF IDAHO, ) : ss: County of Ada. ) On tkis lP ~ day of fuA~;!i;t , 2002, before me, ~~O\)(OY\ g rY\.L~ , a Notary Public, appeared WILLIAM G. BERG. JR., known or identified to me, respectively, to be the City Clerk ofthe 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) .1lI'11l1ltQ" ~..,. OJii.R..~.llt. ill. /O'tAJ?~~"~. III ' ~ or- ~'.p'1lI :"J/~ \ ~ .. t I 1lI ... I I III ~ , ' 0 ~ \ I tQ .. \. C '0 0 '\~+d's~k~... · .. '~.u ()il: 1>-'..,. ..".......... ~OlJlr6Y1 ~~ Notary Public for Idaho . Residence:~(lDL eD~ I joLa..t-uJ Cormnission Expires: 4 - l.8' ':'O$) z:\ Work\M\Meridian\Meridian I 5360M\Rcsolutions City Hal1\2002\CERTofCLKV ALLEYRIDE.doc CERTIFICATE OF CLERK - VALLEY RIDE PAGE 2 OF 2 August 2. 2002 MERIDIAN CITY COUNCIL MEETING APPLICANT Public Works Department REQUEST Award of Contract, 2002 Sewer Cleaning Project August 6, 2002 ITEM NO. 3~? AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: 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 MPv-e- J-{~ Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. &ity of Meridian Public Works Dept. Memo ECEIVED .'F G 1 2002 CITY OF f\!lERID1AN C [TV r I ]:: P v (l1=1=-[ r F: To: Mayor Corrie & City Co~ tJ From: Brad Watson, P.E. O~ CC: File, Gary Smith, PE, City Clerk Date: 8/1/2002 Re: Proposed Agenda Items for August 6 City Council Meeting The Public Works Department respectfully requests that the following items be placed on the August 6 City Council agenda, on the Consent Agenda, for Council's consideration: *' . 1) Award of Contract 2002 Sewer Cleaning Proiect. See memo to me from Len Grady dated 8/1/02. 2) Award of Contract, Asphalt Pavement Improvements at WWfP. See memo to me from Len Grady dated 8/1/02. 3) Addendum NO.1 to Agreementfor Professional Services - White Drain Sewer Trunk Proiect, Keller Associates. Keller Associates, our consultant for this project, is requesting an addendum to their agreement. As explained in the Project Cost Summary prepared by Donn Carnahan and as you well know, this project has been challenging in terms of easement acquisition, coordination with property owners and establishing a final alignment. We have continually cooperated with the developers along the route and even today continue to make adjustments to the design at their request. This coordination and cooperation has required much more effort from Keller Associates (as well as staff) than was in the original agreement approved by Councll in December of 1999. Attached is a copy of Keller Associates' request along with a spreadsheet detailing the proposed changes to the agreement. The original agreement amount was $136,892.80 which did not indude record drawing preparation (it was included as an optional task but not authorized at the time the agreement was approved). The total requested agreement revision amount is $60,353.95, on a time & material basis, for a new agreement total of From the desk of.. Brnd WaIson, P.E. City Engineer Meridian Public Works Department 660 E. Watertower Lane, Suite 200 Meridian, Idaho 83642 (208) 898.5500 Fax: (208) 887-1297 watsonb@meridiancity.org . Page 1 ,.' r $197,246.75 (approximately 20% of the construction cost total). Public Works Department agrees that this project has required much more time and effort than originally believed when the project began. Recommended Council Action: approve the addendum to the agreement with Keller Associates for the White Drain Sewer Project on a time and material based amount of $60,353.95, 4) UV Disinfection. Grit Basin & Outfall Proiect - Tertiary Filter Bypass Pipeline ChanQe Order. See memo from to me from Len Grady dated 8/1/02. 5) South Slouah Sewer - Dixie Roberts Easement. Attached is a copy of new permanent and temporary construction sewer easements signed by Ms. Roberts. No compensation is associated with this easement. Recommended Council Action: Accept the permanent and temporary construction sewer easements from Dixie Roberts and associated conditions, and authorize the Mayor to sign and City Clerk to attest, 6) South Slouah Sewer - Alleman Easement. Attached is a copy of new permanent and temporary construction sewer easements signed by Vem Alleman. Also included is a copy of Gary Smith's letter to Mr. Alleman and a side agreement regarding annexation. Recommended Council Action: Accept the permanent and temporary construction sewer easements from Vem and Angelina Alleman, the side agreement with Vem and Angelina Alleman and authorize the Mayor to sign and City Clerk to attest, 7) Snortina Bull Subdivision Off-Site Water & Sewer Easement - Paul and Maraaret Loree. Attached is a copy of a permanent water and sewer easement signed by Mr and Mrs. Loree. No compensation is associated with this easement. Recommended Council Action: Accept the permanent and temporary construction sewer easements from Paul and Mararet Loree, and authorize the Mayor to sign and City Clerk to attest, We request that the following items be placed on the August 6 City Council agenda, under Public Works Department Reports, for Council's consideration: 1) 1-84 Sewer Crossina Latecomer Aareement - G.L. Voiat Development Company. This latecomer agreement, a signed copy of which is attached, reflects changes to these agreements I discussed with City Council several weeks ago in regards to the Silverstone latecomer agreements. . Page 2 Recommended Council Action: Approve the sewer latecomer agreement with G,L. Voigt Development Company and authorize the Mayor to sign and City Clerk to attest. 2) Five Mile Sewer Trunk Extension Latecomer Aareement - Sundance Development Company (Silverstone). This latecomer agreement, an unsigned copy of which is attached, reflects changes I discussed with City Council several weeks ago in regards to the Silverstone latecomer agreements. I believe the agreement signed by Sundance Company will be forwarded to me Friday, August 2. If I do not receive the signed agreement by the Council meeting, I will ask that this item be tabled. Recommended Council Action: Approve the sewer latecomer agreement with Sundance Development Company and authorize the Mayor to sign and City Clerk to attest Thank you. Please contact me jf you have any questions regarding these items. ~ . Page 3 City of Meridian Public Works Dept. Memo RECEIVED To: Brad Watson 0 From: Lenard Grady If) A . CC: Gary Smith Date: 8/112002 Re: Proposed Agenda Items for August 6, 2002 City Council Meeting t; I .~.... r I--.v..) 1.,0 1 2e02 CITY OF MERIDIAN CITY C' f=RK nr::r:1rF The Public WorKs Department respectfully requests the following items be placed on the August 6 City Council agenda, under Department Reports, for Council's consideration: Award of Asphalt Pavement Improvements - WWTP. Two bids were received forthis project as shown below: . Guho Corp. Idaho Sand & Gravel $128,073.71 $137,201.00 . Guho as the lowest bid and has done several successful projects for the City of Meridian. Currentfy, approximately $145,000 of budget remains for this project. Recommended Council Action: The Public Works Deparbnent recommends that City Council award the contract for The Asphalt Pavement Improvement - WWTP Project to Guho Corp for the amount of $128,073.71 and authorize the Mayor to sign and the City Clerk to attest the agreement *--- Award of The 2002 Sewer Cleanina Proiect. This project is for deaning of approximately 100,000 feet sewer pipe ranging from 8- inch to 30-inch in diameter. Only one contractor, Municipal Service Co. (MSC), has bid on the project. The City of Meridian has previously awarded MSC contracts for sewer deaning and is satisfied with their performance. The bid proposal was for $34,275.00. FlOO1 the desIc of. . . LenanI Gndy StatfFngioeQ' Meridian PubIil: Wodes DepartmeoI: 66OE. Watertowec.Suite200 Meridian, Idaho 83642 (208) 898-5500 Fax: (208) 887-1297 gradyl@ci.meridilULidllS . Page 1 Recommended Council Action: The Public Works Department recommends that City Council award the contract for The 2002 Sewer Cleaning Project to Municipal Services Co. for the amount of $34,275.00 and authorize the Mayor to sign and the City Clerk to attest the agreement Construction of UV /Headworks Facilities Proiect - Change Order #1 - T ertiarv Filter Bvpass. Construction of the UV/Headworks started February 21 by Turn-Key and is scheduled for an on-time completion date of August 21. Indusion of the Tertiary Filter Bypass in the existing contract would minimize costs for the Bypass Project as the contractor is already on site and doing similar work in the same area. A large percentage of the proposed Bypass Project price is purchase of materials (71 % or $45,004.64). The total cost of the proposed project is $63,418.80. Keller Associates has performed an independent check of costs and is satisfied that the costs are justified. Over $200,000 of budget will remain after the UV/Headworks is completed. Recommended Council Action: The Public Works Department recommends that City Council approve Change Order #1 to the Construction of UVlHeadworks Contract for $63,418.00 to construct the Tertiary Filter Bypass. Thank you for your consideration. Please contact me if you have any questions regarding any of these items. . Page 2 2002 Sewer Cleaning Project Estimated Municipal Service Co Item Description Quantity Units Unit Price Price 1 Clean 8-lnch Sewer Pipe 54,000 LF 0.31 16,740.00 2 Clean 10-1nch Sewer Pipe 2,000 LF 0.31 620.00 3 Clean 12-lnch Sewer Pipe 5,000 LF 0.31 1,550.00 4 Clean 15-lnch Sewer Pipe 500 LF 0.41 205.00 5 Clean 18-lnch Sewer Pipe 7,000 LF 0.41 2,870.00 6 Clean 21-lnch Sewer Pipe 13,000 LF 0.41 5,330.00 7 Clean 24-lnch Sewer Pipe 8,000 LF 0.41 3,280.00 8 Clean 27-lnch Sewer Pipe 3,000 LF 0.46 1,380.00 9 Clean 30-lnch Sewer Pipe 5,000 LF 0.46 2,300.00 Total Total Price 34,275.00 8:12 AM 8/112002 ( August 2, 2002 August 6, 2002 MERIDIAN CITY COUNCIL MEETING APPLICANT Public Works Department ITEM NO. 2> .- G-. REQUEST Award of Contract Ashphalt Pavement Improvements at Waste Water Treatment Plant AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: ClTY 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 ~:--o Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of MeridIan. City of Meridian Public Works Dept. Memo RECEIVED ~ ' . ,-, r. I 2002 l ~_'-.I OJ CITY OF MERIDIAN CITY r! t=p ~ (1~r=rr.F: To: Mayor Corrie & City Co~ .tcJ From: Brad Watson, P.E. p~ CC: File, Gary Smith, PE, City Clerk Date: 8/1/2002 Re: Proposed Agenda Items for August 6 City Council Meeting The Public Works Department respectfully requests that the following items be placed on the August 6 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Award of Contract, 2002 Sewer Cleanino Proiect See memo to me from Len Grady dated 8/1/02. *- 2) Award of Contract. Asphalt Pavement Improvements at WWTP. See memo to me from Len Grady dated 8/1/02. 3) Addendum NO.1 to Aoreement for Professional Services - White Drain Sewer Trunk Proiect, Keller Associates. Keller Associates, our consultant for this project, is requesting an addendum to their agreement As explained in the Project Cost Summary prepared by Donn Carnahan and as you well know, this project has been challenging in terms of easement acquisition, coordination with property owners and establishing a final alignment We have continually cooperated with the developers along the route and even today continue to make adjustments to the design at their request This coordination and cooperation has required much more effort from Keller Associates (as well as staff) than was in the original agreement approved by Council in December of 1999, Attached is a copy of Keller Associates' request along with a spreadsheet detailing the proposed changes to the agreement. The original agreement amount was $136,892.80 which did not include record drawing preparation (it was included as an optional task but not authorized at the time the agreement was approved). The total requested agreement revision amount is $60,353.95, on a time & material basis, for a new agreement total of From the de8k of.. . BI'lld Watson, P.E. City Eogineel' Meridian Public Wa:ks Department 660 E. Watertower Lane, Suite 200 Meridian, Idaho 83642 (208) 898-5500 Fax: (208) 887-1297 watsonl@meridiancity.org . Page 1 $197,246.75 (approximately 20% of the construction cost total). Public Works Department agrees that this project has required much more time and effort than originally believed when the project began. Recommended Council Action: approve the addendum to the agreement with Keller Associates for the White Drain Sewer Project on a time and material based amount of $60,353,95, 4) UV Disinfection. Grit Basin & Outfall Proiect- Tertiary Filter Bvpass Pipeline Chanae Order. See memo from to me from Len Grady dated 8/1/02. 5) South Slouah Sewer - Dixie Roberts Easement. Attached is a copy of new permanent and temporary construction sewer easements signed by Ms. Roberts. No compensation is associated with this easement Recommended Council Action: Accept the permanent and temporary construction sewer easements from Dixie Roberts and associated conditions, and authorize the Mayor to sign and City Clerk to attest 6) South Slough Sewer - Alleman Easement Attached is a copy of new permanent and temporary construction sewer easements signed by Vem Alleman. Also included is a copy of Gary Smith's letter to Mr. Alleman and a side agreement regarding annexation. Recommended Council Action: Accept the permanent and temporary construction sewer easements from Vern and Angelina Alleman, the side agreement with Vem and Angelina Alleman and authorize the Mayor to sign and City Clerk to attest, 7) Snorting Bull Subdivision Off-Site Water & Sewer Easement - Paul and Maroaret Loree. Attached is a copy of a permanent water and sewer easement signed by Mr and Mrs. Loree. No compensation is associated with this easement Recommended Council Action: Accept the permanent and temporary construction sewer easements from Paul and Mararet Loree, and authorize the Mayor to sign and City Clerk to attest. We request that the following items be placed on the August 6 City Council agenda, under Public Works Department Reports, for Council's consideration: 1) 1-84 Sewer Crossing Latecomer Aareement - G.L. Voiat Development Company. This latecomer agreement, a signed copy of which is attached, reflects changes to these agreements I discussed with City Council several weeks ago in regards to the Silverstone latecomer agreements. . Page 2 Recommended Council Action: Approve the sewer latecomer agreement with G,L Voigt Development Company and authorize the Mayor to sign and City Clerk to attest 2) Five Mile Sewer Trunk Extension Latecomer Aareement - Sundance Development Company (Silverstone). This latecomer agreement, an unsigned copy of which is attached, reflects changes I discussed with City Council several weeks ago in regards to the Silverstone latecomer agreements. I believe the agreement signed by Sundance Company will be forwarded to me Friday, August 2. If I do not receive the signed agreement by the Council meeting, I will ask that this item, be tabled. Recommended Council Action: Approve the sewer latecomer agreement with Sundance Development Company and authorize the Mayor to sign and City Clerk to attest. Thank you. Please contact me if you have any questions regarding these items. ~ . Page 3 ..# City of Meridian Public Works Dept. Memo RECEIVED " ~ ~,...... r MuJ i.i 1 2G02 CITY OF MERIDIAN CITY CII=Rk' nr=r=/rF To:: Brad Watson 0 From: Lenard Grady If) ~ . cc: Gary Smith Date: 8/112002 Re: Proposed Agenda Items for August 6, 2002 City Council Meeting The Public Works Department respectfully requests the fallowing items be placed on the August 6 City Council agenda, under Department Reports, for Council's consideration: Award of Asphalt Pavement Improvements - WWTP. Two bids were received for this project . as shown below: . Guho Corp. Idaho Sand & Gravel $128,073.71 $137,201.00 . Guho as the lowest bid and has done several successful projects for the City of Meridian. Currently, approximately $145,000 of budget remains for this project Recommended Council Action: The Public Works Department recommends that City Council award the contract for The Asphalt Pavement Improvement - WWTP Project to Guho Corp for the amount of $128,073,71 and authorize the Mayor to sign and the City Clerk to attest the agreement Award of The 2002 Sewer Cleanina Proiect. This project is for cleaning of approximately 100,000 feet sewer pipe ranging from 8- inch to 3O-inch in diameter. Only one contractor, Municipal Service Co. (MSC) , has bid on the project.. The City of Meridian has previously awarded MSC contracts for sewer cleaning and is satisfied with their perfonnance. The bid proposal was for $34,275.00. . Page 1 From the desk of... Lenard Grady StaffEogioeer Mlridian Public W<lIks Department 660 E. WaUrlowet, Suit.ll200 Meridian, Idaho 83642 (208) 898-5500 Fax: (208) 887.1297 gradyl@ci.meridianid.us Recommended Council Action: The Public Works Department racommends that City Council award the contract for The 2002 Sewer Cleaning Project to Municipal Services Co. for the amount of $34,275,00 and authorize the Mayor to sign and the City Clerk to attest the agreement Construction of UV lHeadworks Fadlities Proiect - Chanoe Order #1 - Tertiary Filter Bypass. Construction of the UVlHeadworks started February 21 by Tum-Key and is scheduled for an on-time completion date of August 21. Indusion of the Tertiary Filter Bypass in the existing contract would minimize costs for the Bypass Project as the contractor is already on site and doing similar work in the same area. A large percentage of the proposed Bypass Project price is purdlase of materials (71 % or $45,004.64). The total cost of the proposed project is $63,418.80. Keller Associates has performed an independent check of costs and is satisfied that the costs are justified. Over $200,000 of budget will remain after the UVlHeadworks is completed. ' Recommended Council Action: The Public Works Department recommends that City Council approve Change Order #1 to the Construction of UVlHeadworks Contract for $63,418.00 to construct the Tertiary Fitter Bypass. Thank you for your consideration. Please contact me if you have any questions regarding any of these items. . Page 2 ( ( 'Asphalt Pavement Improvements Waste Water Treatment Plant Guho Idaho Sand & Gravel Item No. Quan~ Units Unit Price Total Unit Price Total 202.4.1.A.1 3,879 CY Unclassified Excavation Above Sub grade 4.17 16,159.18 6.50 25,213.50 202AA.A.1 388 CY Unsuitable Material Excavation 4.17 1 ,616.27 20.00 7,760.00 207A.1.A.1 1 LS Removal of Obstructions 1,190.19 1,190.19 550.00 550.00 601A.1.A 68 LF 8" Ductile Iron Pipe 35.71 2,427.98 34.00 2,312.00 602A.1.G.1 1 EA Standard Inlet Catch Basin, Type I 595.09 595.09 330.00 330.00 801A.1.A.1 2,573 CY 6" Minus Uncrushed Aggregate Base 7.14 18,374.12 11.00 28,303.00 . 802A.1.A.1 1,624 CY 3/4" Minus Crushed Aggregate Base 11.90 19,328.65 15.00 24,360.00 810A.1.A.1 1,685 TON Hot Plant Mix Asphalt Pavement 39.28 66,180.38 27.50 46,337.50 2030A.1.A.1 5 EA Adjust Manhole to Grade 261.84 1,309.21 275.00 1,375.00 SP-1 1 EA Connect to Existing Structure 892.64 892.64 660.00 660.00 TOTAL 128,073.71 137,201.00 8:43 AM 8/1/2002 August 2, 2002 MERIDIAN CITY COUNCIL MEETING APPLICANT Public Works Department August 6, 2002 ITEM NO. 3-10 REQUEST Agreement for Professional Services Addendum No. 1 -- White Drain Sewer Trunk Project -- Keller Associates 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 6/ (L; ~v0 ~~ Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of MeridIan. City of Meridian Public Works Dept. Memo RECEIVED ! ,.,. r 1 2n02 iL~U.'J i.i 1.) To: Mayor Corrie & City Co~ tcJ From: Brad Watson, P. E. ;':J.I- ce: File, Gary Smith, PE, City Clerk Date: 8/1/2002 Re: Proposed Agenda Items for August 6 City Council Meeting CITY OF MERIDIAN CITV r! ]::R~ fll=!=Ir.F: The Public Works Department respectfully requests that the following items be placed on the August 6 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Award of Contract. 2002 Sewer Cleanino Proiect. See memo to me from Len Grady dated 8/1/02. 2) Award of Contract. Asphalt Pavement Improvements at WWTP. See memo to me from Len Grady dated 8/1/02. * ......... 3) Addendum NO.1 to Aoreement for Professional Services - White Drain Sewer Trunk Proiect. Keller Associates. Keller Associates, our consultant for this project, is requesting an addendum to their agreement As explained in the Project Cost Summary prepared by Donn Carnahan and as you well know, this project has been challenging in terms of easement acquisition, coordination with property owners and establishing a final alignment We have continually cooperated with the developers along the route and even today continue to make adjustments to the design at their request This coordination and cooperation has required much more effort from Keller Associates (as well as staff) than was in the original agreement approved by Council in December of 1999. Attached is a copy of Keller Associates' request along with a spreadsheet detailing the proposed changes to the agreement. The original agreement amount was $136,892.80 which did not include record drawing preparation (it was included as an optional task but not authorized at the time the agreement was approved). The total requested agreement revision amount is $60,353.95, on a time & material basis, for a new agreement total of From!he desk. of... Brad Watson, P.Eo city En.gilleer Meridian Public Waks Department 660 E. W~ Lane, Suite 200 Meridian, Idaho 83642 (208) 898-5500 Fax; (208)887-1297 watso!Jt@meridiancity.org . Page 1 $197,246.75 (approximately 20% of the construction cost total). Public Works Department agrees that this project has required much more time and effort than originally believed when the project began. Recommended Council Action: approve the addendum to the agreement with Keller Associates for the White Drain Sewer Project on a time and material based amount of $60,353,95. 4) UV Disinfection, Grit Basin & Outfall Proiect- Tertiary Filter Bypass Pipeline Change Order. See memo from to me from Len Grady dated 8/1/02. 5) South Slough Sewer- Dixie Roberts Easement. Attached is a copy of new permanent and temporary construction sewer easements signed by Ms. Roberts. No compensation is associated with this easement Recommended Council Action: Acceptthe permanent and temporary construction sewer easements from Dixie Roberts and associated"conditions, and authorize the Mayor to sign and City Clerk to attest. 6) South Slouah Sewer - Alleman Easement. Attached is a copy of new permanent and temporary construction sewer easements signed by Vem Alleman. Also induded is a copy of Gary Smith's letter to Mr. Alleman and a side agreement regarding annexation. Recommended Council Action: Accept the permanent and temporary construction sewer easements from Vem and Angelina Alleman, the side agreement with Vem and Angelina Alleman and authorize the Mayor to sign and City Clerk to attest. 7) Snorting Bull Subdivision Off-Site Water & Sewer Easement - Paul and Maraaret Loree. Attached is a copy of a permanent water and sewer easement signed by Mr and Mrs. Loree. No compensation is associated with this easement. Recommended Council Action: Accept the permanent and temporary construction sewer easements from Paul and Mararet Loree, and authorize the Mayor to sign and City Clerk to attest We request that the following items be placed on the August 6 City Council agenda, under Public Works Department Reports, for Council's consideration: 1) 1-84 Sewer Crossing Latecomer Aareement - G.L. Voiot Development Company. This latecomer agreement, a signed copy of which is attached, reflects changes to these agreements I discussed with City Council several weeks ago in regards to the Silverstone latecomer agreements. . Page 2 Recommended Council Action: Approve the sewer latecomer agreement with G,L Voigt Development Company and authorize the Mayor to sign and City Clerk to attest. 2} Five Mile Sewer Trunk Extension Latecomer Aareement - Sundance Development Company (Silverstone). This latecomer agreement, an unsigned copy of which is attached, reflects changes I discussed with City Council several weeks ago in regards to the Silverstone latecomer agreements. I believe the agreement signed by Sundance Company will be forwarded to me Friday, August 2. If I do not receive the signed agreement by the Council meeting, I will ask that this item be tabled. Recommended Council Action: Approve the sewer latecomer agreement with Sundance Development Company and authorize the Mayor to sign and City Clerk to attest. Thank you. Please contact me if you have any questions regarding these items. ~ . Page 3 Consultant Project No. 199062 Pro:pos.~ ~~U~ +c +0 f>("c:sF, <s;.'Y"If t ~e: s. C::OlA.i-Co.c.-r WHITE DRAIN SEWER TRUNK LINE PROJECT COST SUMMARY - ATTN: Brad Watson, P.E. City of Meridian 660 E. Watertower, Suite 200 Meridian, Idaho 83642 Date: Julv 30,2002 Enclosed is a summary of estimated verse invoiced amounts for the time and materials tasks. As you can see from the table the Preliminary Alignment task is near the estimate, Environmental and Topographic Survey are below the estimate and Easement Acquisition task is over the estimate. The Easement Acquisition is over the estimated amount due to following factors: the scope of work anticipated 7 parcels requiring title reports and appraisals, actual number is 10, also the type of appraisal changed with an increase in cost to a type that can be used in a condemnation process. Market data book required updated due to length of time of the project and ownership activity along the project. The negotiation process has been difficult and has required much greater effort than typical for a project of this type. Task Preliminary Alignment Easement Acquisition Environmental Services Topographic and Design Survey Fee Base T&M T&M T&M T&M Estimate 21,870.40 24,080.40 1,826.00 20,132.00 Invoiced through June 21,713.75 44,717.50 1,109.75 11,321.75 TOTAL 67,908.80 78,862.75 DIFFERENCE 10,953.95 We are requesting to add the following three additional services tasks to the Contract: Task 007 - Additional Easement Acquisition Services, this task is to track the amount of time and effort spent preparing and revising parcel easements and contracts for development projects based on developer requests because of changes in their development plans that occurred after the bid plans were completed. Through the end of June $6,060.00 was invoiced. This task is approximately 95% complete. ~ = $(P3CGO '15% Task 008 - Additional Design Services, this task is for the time and effort spent modifying the plans based on developer requests because of changes in their development plans that occurred after the bid plans were completed. Through the end of June $11,523.50 was invoiced. This task is approximately 85% complete. =- >'~h~) S~6 Task 009 - Additional Services for Construction Staking, this task is for construction staking of the construction plans and recording as-built information based on a time and 19Q062f1/01.598 1 I, ( materials basi~. This construction staking work was" not included in the original scope of work for topographic and design surveys. Through the end of June $5,892.00 was invoiced. This task is approximately 20% complete. ~ ~> 152'7 /4C9{) ;z.t>?o Submitted by: Donn Carnahan, P.E. ~~~t/>q Q.1/YIC\ i I ;5ffi} WHITE DRAIN TRUNK SEWER Keller Associates - Design, Construction Services Updated: 22-Jul-02 ORIGINAL AGREEMENT Task # 001 002 003 004 005 006 Preliminary Alignment Easement Acquisition Environmental Services Design Construction Assistance Topo & Design Survey Original Agreement Total: Origianl Agree- ment Amount $21 ,870.40 $24,080.40 $1,826.00 $68,984.00 $20,132.00 $136,892.80 Amount Billed $21,713.75 $44,717.50 $1,109.75 $68,984.00 $6,990.00 $11,056.75 $154,571.75 Addendum TomlRequested Amount Revised Agreement -$156.65 $21,713.75 $20,637.10 $44,717.50 -$716.25 $1,109.75 $68,984.00 $0.00 -$8,810.25 $11,321.75 $10,953.95 $147,846.75 REQUESTED ADDENDUM ITEMS 007 Add. Easement Acquisition $0.00 $6,060.00 $6,380.00 $6,380.00 008 Additional Design $0.00 $11,523.50 $13,560.00 $13,560.00 009 Additional Staking $0.00 $5,892.00 $29,460.00 $29,460.00 Additional Tasks Total: $0.00 $23,475.50 $49,400.00 $49,400.00 Project Totals: $136,892.80 $178,047.25 $60,353.95 $197,246.75 August 2, 2002 MERIDIAN CITY COUNCIL MEETING APPLICANT Public Works Department August 6, 2002 3-8 ITEM NO. REQUEST UV Disinfection, Grit Basin and Outfall Project -- Tertiary Filter Bypass Change Order 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 AHached Memo fLr1-f)iD v-u J<1r' ~rV Contacted: Date: Phone: Maferials presented at public meetings shalf become property of the City of Meridian. City of Meridian Public Works Dept. Memo RECEIVED t ' . r, r I 2n02 1"""",.1 U V To: Mayor Corrie & City Co~~ tcJ From: Brad Watson, P.E. iJ.;L- t. cc: File, Gary Smith, PE, City ClerK Date: 8/112002 Re: Proposed Agenda Items for August 6 City Council Meeting CITY OF MERIDfAN CITY 1.1 i=RK nr:r:rr.F.: The Public WorKs Department respectfully requests that the following items be placed on the August 6 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Award of Contract. 2002 Sewer Cleanino Proiect. See memo to me from Len Grady dated 8/1/02. 2) Award of Contract, Asphalt Pavement Improvements at WWTP. See memo to me from Len Grady dated 8/1/02. 3) Addendum No. 1 to Aoreement for Professional Services - White Drain Sewer Trunk Proiect. Keller Associates. Keller Associates, our consultant for this project, is requesting an addendum to their agreement As explained in the Project Cost Summary prepared by Donn Carnahan and as you well know, this project has been challenging in tenns of easement acquisition, coordination with property owners and establishing a final alignment We have continually cooperated with the developers along the route and even today continue to make adjustments to the design at their request This coordination and cooperation has required much more effort from Keller Associates (as well as staff) than was in the original agreement approved by Council in December of 1999. Attached is a copy of Keller Associates' request along with a spreadsheet detailing the proposed changes to the agreement. The original agreement amount was $136,892.80 which did not include record drawing preparation (it was included as an optional task but not authorized at the time the agreement was approved). The total requested agreement revision amount is $60,353.95, on a time & material basis, for a new agreement total of From the desk of.. . Brad Wal!loo. P.E. City Engineer Meridian Public Works Depm1mm1 660 E. Watertower Lane, Suite 200 Meridian, Idaho 83642 (208) 898-5500 Fax: (208) 8&7-1297 watsonb@mcridiancity.org . Page 1 $197,246.75 (approximately 20% of the construction cost total). Public Works Department agrees that this project has required much more time and effort than originally believed when the project began. Recommended Council Action: approve the addendum to the agreement with Keller Associates for the White Drain Sewer Project on a time and material based amount of $60,353,95, 7# , 4) UV Disinfection. Grit Basin & Outfall Proiect - Tertiary Filter Bypass Pipeline Chance Order. See memo from to me from Len Grady dated 8/1/02. 5) South Slouch Sewer - Dixie Roberts Easement. Attached is a copy of new permanent and temporary construction sewer easements signed by Ms. Roberts. No compensation is associated with this easement Recommended Council Action: Accept the pennanent and temporary construction sewer easements from Dixie Roberts and associated conditions, and authorize the Mayor to sign and City Clerk to attest 6) South Slouch Sewer - Alleman Easement Attached is a copy of new pennanent and temporary construction sewer easements signed by Vem Alleman. Also included is a copy of Gary Smith's letter to Mr. Alleman and a side agreement regarding annexation. Recommended Council Action: Accept the permanent and temporary construction sewer easements from Vem and Angelina Alleman, the side agreement with Vem and Angelina Alleman and authorize the Mayor to sign and City Clerk to attest. 7) Snortinc Bull Subdivision Off-Site Water & Sewer Easement - Paul and Maraaret Loree. Attached is a copy of a pennanent water and sewer easement signed by Mr and Mrs. Loree. No compensation is associated with this easement Recommended Council Action: Accept the permanent and temporary construction sewer easements from Paul and Mararet loree, and authorize the Mayor to sign and City Clerk to attest. We request that the following items be placed on the August 6 City Council agenda, under Public Works Department Reports, for Council's consideration: 1) 1-84 Sewer Crossinc Latecomer Acreement - G.L. Voiet Development Company. This latecomer agreement, a signed copy of which is attached, reflects changes to these agreements I discussed with City Council several weeks ago in regards to the Silverstone latecomer agreements. . Page 2 Recommended Council Action: Approve the sewer latecomer agreement with G,L Voigt Development Company and authorize the Mayor to sign and City Clerk to attest. 2) Five Mile Sewer Trunk Extension Latecomer Agreement - Sundance Development Company (Silverstone). This latecomer agreement, an unsigned copy of which is attached, reflects changes I discussed with City Council several weeks ago in regards to the Silverstone latecomer agreements. I believe the agreement signed by Sundance Company will be forwarded to me Friday, August 2. If I do not receive the signed agreement by the Council meeting, I will ask that this item,be tabled. Recommended Council Action: Approve the sewer latecomer agreement with Sundance Development Company and authorize the Mayor to sign and City Clerk to attest. Thank you. Please contact me if you have any questions regarding these items. ~ . Page 3 City of Meridian Public Works Dept. Memo ECEIVED n 1 ~.f~ ,.-?_/TY OF MERIDIAN L I rv r 1 1=' R l{ n r:- [:'1 r: F To: Brad Watson 0 From: Lenard Grady If) ,,2C. . cc: Gary Smith Date: 8/1/2002 Re: Proposed Agenda Items for August 6, 2002 City Council Meeting The Public Works Department respectfully requests the following items be placed on the August 6 City Council agenda, under Department Reports, for Council's consideration: Award of Asphalt Pavement Improvements - WWTP. Two bids were received for this project as shown below: . Guho Corp. Idaho Sand & Gravel $128,073.71 $137,201.00 . Guho as the lowest bid and has done several successful projects for the City of Meridian. Currently, approximately $145,000 of budget remains for this project. Recommended Council Action: The Public Works Department recommends that City Council award the contract for The Asphalt Pavement Improvement - WWTP Project to Guho Corp for the amount of $128,073,71 and authorize the Mayor to sign and the City Clerk to attest the agreement. Award of The 2002 Sewer Cleanina Proiect. This project is for cleaning of approximately 100,000 feet sewer pipe ranging from S- inch to 3D-inch in diameter. Only one contractor, Municipal Service Co. (MSC), has bid on the project. The City of Meridian has previously awarded MSC contracts for sewer cleaning and is satisfied with their perfonnance. The bid proposal was for $34,275.00. From the desk of... Lenord Grady Staff Engineer Meridian Public Works Department 660 E. Watertower, Suite 200 Meridian, Idaho 83642 (208) 898-5500 Fax: (208) 887-1297 gradyl@ci.meridianidus . Page 1 ( ~ Recommended Council Action; The Public Works Department recommends that City Council award the contract for The 2002 Sewer Cleaning Project to Municipal Services Co, for the amount of $34J275,OO and authorize the Mayorto sign and the City Clerk to attest the agreement, Construction of UVlHeadworks Facilities Proiect - Chance Order #1 - Tertiary Filter Bvpass. Construction of the UVlHeadworks started February 21 by Turn-Key and is scheduled for an onwtime completion date of August 21. Inclusion of the Tertiary Filter Bypass in the existing contract would minimize costs for the Bypass Project as the contractor is already on site and doing similar work in the same area. A large percentage of the proposed Bypass Project price is purchase of materials (71% or $45,004.64). The total cost of the proposed project is $63,418.80. Keller Associates has perfonned an independent check of costs and is satisfied that the costs are justified. Over $200,000 of budget will remain after the UV/Headworks is completed. Recommended Council Action; The Public Works Department recommends that City Council approve Change Order #1 to the Construction of UVlHeadworks Contract for $63,418,00 to construct the Tertiary Filter Bypass. Thank you for your consideration. Please contact me if you have any questions regarding any of these items. . Page 2 'HER '()P ~ '------ ___ 22" STAN~__. --~ GAS 6' STANDPIPE LINE ~.. \0. o CASING ) / ./ ..---- / --~~-~~------""---- 7 i ~POWER ~80X DO r ~-d h j~R :P <::::.:::, NON -POT . HOSE 81El6 STIIJRS * ( August 2. 2002 MERIDIAN CITY COUNCIL MEETING APPLICANT Public Works Department August 6. 2002 ITEM NO. 3-T REQUEST South Slough Sewer Project, Sewer Easement -- Dixie Roberts 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 COMP ANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: See Attached Memo ~~ t-t -0 Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. City of Meridian Public Works Dept. Memo RECEIVED ..~ "r, r 1 2002 r .~'.J v CITY OF MERIDIAN CITY r: I=R~ nr:r:lrF: To: Mayor Conie & City co~~ tcJ From: Brad Watson, P.E. p,L- ( cc: File, Gary Smith, PE, City Clerk Date: 8/112002 Re: Proposed Agenda Items for August 6 City Council Meeting The Public Works Department respectfully requests that the following items be placed on the August 6 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Award of Contract. 2002 SewerCleanino Proiect See memo to me from Len Grady dated 8/1/02. 2) Award of Contract. Asphalt Pavement Improvements at VVWTP. See memo to me from Len Grady dated 8/1/02. 3) Addendum NO.1 to Aareement for Professional Services - White Drain Sewer Trunk Proiect. Keller Associates. Keller Associates, our consultant for this project, is requesting an addendum to their agreement. As explained in the Project Cost Summary prepared by Donn Carnahan and as you well know, this project has been challenging in terms of easement acquisition, coordination with property owners and establishing a final alignment We have continually cooperated with the developers along the route and even today continue to make adjustments to the design at their request. This coordination and cooperation has required much more effort from Keller Associates (as well as staff) than was in the original agreement approved by Council in December of 1999. Attached is a copy of Keller Associates' request along .with a spreadsheet detailing the proposed changes to the agreement. The original agreement amount was $136,892.80 which did not include record drawing preparation (it was included as an optional task but not authorized at the time the agreement was approved). The total requested agreement revision amount is $60,353.95, on a time & material basis, for a new agreement total of From the desk of.. . Brad Watson.P.F. city Engineer Meridian Public Works Depart:m.em 660 E. Waterlower Lane, Suite 200 Meridian, Idaho 83642 (208) 89&-j500 Fax: (208) 8&1-1297 watsonb@meridiancity.org . Page 1 ( $197,246.75 (approximately 20% of the construction cost total). Public Works Department agrees that this project has required much more time and effort than originally believed when the project began. Recommended Council Action: approve the addendum to the agreement with Keller Associates for the White Drain Sewer Project on a time and material based amount of $60,353,95. 4) UV Disinfection. Grit Basin & Outfall Proiect- Tertiary Filter Bypass Pipeline Chanae Order. See memo from to me from Len Grady dated 8/1/02. ~ 5) South Slouah Sewer - Dixie Roberts Easement. Attached is a copy of new permanent and temporary construction sewer easements signed by Ms. Roberts. No compensation is associated with this easement. Recommended Council Action: Accept the permanent and temporary construction sewer easements from Dixie Roberts and associated. conditions, and authorize the Mayor to sign and City Clerk to attest. 6) South Slouch Sewer - Alleman Easement. Attached is a copy of new permanent and temporary construction sewer easements signed by Vem Alleman. Also included is a copy of Gary Smith's letter to Mr. Alleman and a side agreement regarding annexation. Recommended Council Action: Accept the permanent and temporary construction sewer easements from Vem and Angelina Alleman, the side agreement with Vem and Angelina Alleman and authorize the Mayor to sign and City Clerk to attest. 7) Snortinc Bull Subdivision Off-Site Water & Sewer Easement - Paul and Maraaret Loree. Attached is a copy of a permanent water and sewer easement signed by Mr and Mrs. Loree. No compensation is associated with this easement. Recommended Council Action: Accept the permanent and temporary construction sewer easements from Paul and Mararet Loree, and authorize the Mayor to sign and City Clerk to attest We request that the following items be placed on the August 6 City Council agenda, under Public Works Department Reports, for Council's consideration: 1) 1-84 Sewer Crossinc Latecomer Aareement - G.L. Voiat Development Comoany. This latecomer agreement, a signed copy of which is attached, reflects changes to these agreements I discussed with City Council several weeks ago in regards to the Silverstone latecomer agreements. . Page 2 Recommended Council Action: Approve the sewer latecomer agreement with G.L Voigt Development Company and authorize the Mayor to sign and City Clerk to attest. 2} Five Mile Sewer Trunk Extension Latecomer Aareement - Sundance Development Company (Silverstone). This latecomer agreement, an unsigned copy of which is attached, reflects changes I discussed with City Council several weeks ago in regards to the Silverstone latecomer agreements. I believe the agreement signed by Sundance Company win be forwarded to me Friday, August 2. If I do not receive the signed agreement by the Council meeting, I will ask that this item, be tabled. Recommended Council Action: Approve the sewer latecomer agreement with Sundance Development Company and authorize the Mayor to sign and City Clerk to attest. Thank you. Please contact me if you have any questions regarding these items. ~ . Page 3 SANITARY SEWER EASEMENT . THIS INDENTURE, made this KtiJay Of~, 2002 betwe n Dixie Lee Roberts the parties of the first part, and hereinafter called e Grantor, and the ity 0 lan, Ada County, Idaho, the party of the second part, nd hereinafter called the Grantee. WITNESSETH: WHEREAS, the Grantor desires to provide a sanitary sewer right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipeline from time to , time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consIderation, the Grantor does hereby give, grant and convey unto the Grantee the rIght-of-way for the permanent and temporary construction easements for the construction, operation and maintenance of a sanitary sewer line over and across the following described property: (SEE ATTACHED EXHIBITS "A" AND "B") The permanent easement hereby granted IS for the purpose of construction and operation of a sanitary sewer line and allied facilities, together with maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. The temporary construction easement is for the purpose of construction of a sanitary sewer line and related incidental work. The temporary construction easement shall expire when the construction contract terminates. TO HAVE AND TO HOLD, the said permanent 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 the Grantee, in constructing and in making future repairs, will expediently replace and restore the premises to a condition comparable to that existent priorto undertaking such construction, repairs and replacement. However, the Grantee will not be responsible for repairing, replacing or restoring any permanent structures, large trees or brush placed within the area described in this easement. The Grantee also agrees to the following: 1. Grantee will replace all fencing, gates and/or utilities damaged by construction activities. 2. Grantee will replant appropriate pasture grasses where pasture is SANITARY SEWER EASEMENT, Page 1 of 3 damaged during construction. 3. Grantee will construct a 14 foot wide graveled base under 6" of topsoil for use as an access road with the sewer pipeline being the approximate center line. Manholes within the easement area will also be covered with 6" of soiL 4. If livestock are being contained by fencing within the construction area, temporary fencing will be constructed and maintained to contain the livestock. 5. One 4-inch sewer service stub-out will be provided for the Grantor within the easement area and at the location designated by Grantor. 6. An 8-inch sewer stub-out will be provided in an manhole located on the subject property. In addition, two 8-inch stub-outs will be provided in the manhole near Wingate Lane. THE GRANTOR hereby covenants and agrees that he will not place or allow to be placed any permanent structures, large trees or brush within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTOR does hereby covenant with the Grantee that he is lawfully seized and possessed of the aforementioned and described tract of land, and that he has a good and lawful right to convey said easement, and that he will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the parties have hereunto subscribed their signatures the day and year first hereinabove written. STATE OF IDAHO) ) ss ) ~ ~ ~R~ Dixie Lee Roberts .,.lIlU'", ~~~.~ CC W "'" ~.. "" P . AI " .... :\).. ....... ''7';< .... ~ ~ ... .... -< .-.. : "<' .. .. t<> ~ ~ v : _'\. 0 T A~ t~ .1' ~ ....\""'" .re_ 11II . . .. : * : .....-. : * : .. c.- ;. \ PUB\..\ : : .... .... \ ffl)> ... ...AO l ~ ........ ,.. ....'" On this IC;m.'dayof .. OE .. I. I .,. personally appeare roved to me on e b satisfactory evidence to e the persons whose names is subscribed to th instrument, and acknowledged that they executed the same. County of Ada SANITARY SEWER EASEMENT, Page 2 of 3 / ( NOTARY PUBLIC FOR IDAHO My Commission Expires on O~~ if" GRANTEE: CITY OF MERIDIAN Robert D. Corrie, Mayor Attest by William G. Berg, City Clerk Approved By City Council On: SANITARY SEWER EASEMENT, Page 3 of 3 ~ f'"J.U.B ~ ~ Engineers Surveyors Planners Project No.: Date: Parcel No.: Grantor: South Slough Trunk Sewer Extension (11690) February 28, 2002 S1105212485 Dixie Roberts CITY OF MERIDIAN EXHIBIT "A" A 25' WIDE PERMANENT SANITARY SEWER EASEMENT LAND SITUATED IN ADA COUNTY A strip of land located in a part of Government Lot 3, Section 5, T.3N., R.1E., B.M., Ada County, Idaho, for the purpose of a 25-foot wide permanent sanitary sewer easement lying 10 feet Northerly of and also 15 feet Southerly of the following described line: Commencing at a found 5/8-inch iron pipe at the Northeast corner of Government Lot 3, Section 5, T.3N., R.1E., 8.M., Ada County, Idaho, from which a brass cap marking the Northwest corner of Section 5 bears North 89045'21" West, 2,655.40 feet; thence along the Easterly boundary of Lot 3, South 00026'51" West, 1,029.44 feet to the POINT OF BEGINNING; thence leaving said Easterly boundary, North 53040' 30" West, 166.33 feet to a point; thence North 85015'25" West, 200.79 feet to a point on the Westerly boundary of property described in Instrument No. 886220 of the Ada County, Idaho records, the POINT OF TERMINUS; Sidelines to be shortened or lengthened to match the beginning and terminus of this description, and to form a closed figure. Said strip contains 9,183.22 square feet (0.211 acres), more or less. TOGETHER WITH: A 35-foot wide temporary construction easement being 35-foot Southerly and coincident with the Southerly boundaries of the above-described permanent sanitary sewer easement. Sidelines to be shortened or lengthened to match the beginning and terminus of this description, and to form a dosed figure. Said strip contains 12,943.20 square feet (0.297 acres), more or less. END OF DESCRIPTION Refer to Exhibit "B" Prepared by: j-U-B ENGINEERS, Inc. Ronald M. Hodge, P.L.S. RMH:taj F:\projectmanagers\PHK\ 11690\ 11690-Sur\descriptions\roberts perm sewer easemenLdoc * \ \ \ \ \ \ \ \ ." 0 0 tJl ~ 0 0 \ \ \ \ \ \ \ \ " 13 13 13 13 (') C! ~ ~ ::0 ~ ~ ~ " 13 ~ (:. -\ ~ 0 0 0 0 \ " ~ ~ ~ v;\ f'\ ~ (:) (:) (:) 0 ~ \ (f) ~ 13 ~ ~ ~ ~ ~ ~ ~ ~ 13 ;. ::t: Z ~ ~ ~ 7'- -\ ~ ~ VA ~ -\ b ~ 0 ~ 0 ~ ~ ~ (f) I~~ (j) 0 t5 \ :!:! V) to ~ Z ~ :;0 p ';C:C {T'\ '; -....I \ ~ c: OO@ ~ "fn U) (J\-fTl ~ ~ \ ~~ ~~:;O ~ tv{T'\-\ ~ ..:::. ~ to f"\ ~ I ~ CO .. -\ \ ~C (J\ ~ .:S \ ~~ ~ ~ )C:x: -\ / ~ ~ ; n~ CA. ~ Gl CA 0 .(. mSo ~$1\ ~CAC tI\~~ ~e! -."i ~$'" en .Is 1- o~a 'Zz'P- ~~ o i .,). i .. '6 .. 1ft \! " I" 0 ~!ftGl -ttc\ ima U\ ~ CA .. ~ "0 ~~~ 1- "0 " m .,). ~ !" .(. ~ o \ \ (/'J\ \ I I \ 11 \ ~ ~N~ ~ 0) ~ ... ~ ~ 13 g ~ ~ OJ ~ Z z Z G'> ~p I o \ -.-JW ?)l' L. ~ :: \\ ~ o 0.. August 2, 2002 MERIDIAN CITY COUNCIL MEETING APPLICANT Public Works Department August 6, 2002 ITEM NO. ;,3'-LL REQUEST South Slough Sewer Project, Sewer Easement -- Vern Alleman 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: NAMP A MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: See Attached Memo ~uL 4-0 Contacted: Date: Phone: Materials presented at public meetings shall become property of the CI1y of Meridian. City of Meridian Public Works Dept. Memo RECEIVED To: Mayor Corrie & City co~ 4J From: Brad Watson, P.E. ;j.;l CC: File, Gary Smith, PE, City Clerk Date: 81112002 Re: Proposed Agenda Items for August 6 City Council Meeting l ,"r, r 1 "002 ~-.."J,J loJ L CITY OF MERIDIAN CITY rl i=P~ ()]:"]:"lrF: The Public Works Department respectfully requests that the following items be placed on the August 6 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Award of Contract, 2002 Sewer Cleaning Proiect. See memo to me from Len Grady dated 8/1/02. 2) Award of Contract. Asphalt Pavement Improvements at WWTP. See memo to me from Len Grady dated 811/02. 3) Addendum No. 1 to Agreement for Professional Services - White Drain Sewer Trunk Proiect. Keller Associates. Keller Associates, our consultant for this project, is requesting an addendum to their agreement As explained in the Project Cost Summary prepared by Donn Carnahan and as you well know, this project has been challenging in tenns of easement acquisition, coordination with property owners and establishing a final alignment We have continually cooperated with the developers along the route and even today continue to make adjustments to the design at their request This coordination and cooperation has required much more effort from Keller Associates (as well as staff) than was in the original agreement approved by Council in December of 1999. Attached is a copy of Keller Associates' request along with a spreadsheet detailing the proposed changes to the agreement. The original agreement amount was $136,892.80 which did not include record drawing preparation (it was included as an optional task but not authorized at the time the agreement was approved). The total requested agreement revision amount is $60,353.95, on a time & material basis, for a new agreement total of From the desk of... BJ'lld Watson, P.E. city Engineer Meridian Public Works Departmem 660 E. Watertower Lane, Suite 200 Meridian, Idaho 83642 (208) 898-5500 Fax; (208) 887-1297 watsonb@rneridiancity.org . Page 1 $197,246.75 (approximately 20% of the construction cost total). Public Works Department agrees that this project has required much more time and effort than originally believed when the project began. Recommended Council Action: approve the addendum to the agreement with Keller Associates for the White Drain Sewer Project on a time and material based amount of $60,353,95. 4) UV Disinfection, Grit Basin & Outfall Proiect - Tertiary Filter Bypass Pipeline Chanoe Order. See memo from to me from Len Grady dated 8/1/02. 5) South SlouQh Sewer - Dixie Roberts Easement. Attached is a copy of new pennanent and temporary construction sewer easements signed by Ms. Roberts. No compensation is associated with this easement ~6) Recommended Council Action: Accept the permanent and temporary construction sewer easements from Dixie Roberts and associated conditions, and authorize the Mayor to sign and City Clerk to attest South Slouoh Sewer - Alleman Easement Attached is a copy of new permanent and temporary construction sewer easements signed by Vem Alleman. Also included is a copy of Gary Smith's letter to Mr. Alleman and a side agreement regarding annexation. Recommended Council Action: Accept the permanent and temporary construction sewer easements from Vem and Angelina Alleman, the side agreement with Vem and Angelina Alleman and authorize the Mayor to sign and City Clerk to attest. 7) SnortinQ Bull Subdivision Off-Site Water & Sewer Easement - Paul and Marnaret Loree. Attached is a copy of a permanent water and sewer easement signed by Mr and Mrs. Loree. No compensation is associated with this easement. Recommended Council Action: Accept the permanent and temporary construction sewer easements from Paul and Mararet Loree, and authorize the Mayor to sign and City Clerk to attest. We request that the following items be placed on the August 6 City Council agenda, under Public Works Department Reports, for Council's consideration: 1) 1-84 Sewer Crossino Latecomer Aareement - G.L Voiat Development Company. This latecomer agreement, a signed copy of which is attached, reflects changes to these agreements I discussed with City Council several weeks ago in regards to the Silverstone latecomer agreements. . Page 2 Recommended Council Action: Approve the sewer latecomer agreement with G.L.. Voigt Development Company and authorize the Mayor to sign and City Clerk to attest 2) Five Mile Sewer Trunk Extension Latecomer Aareement - Sundance Development Company (Silverstone). This latecomer agreement, an unsigned copy of which is attached, reflects changes I discussed with City Council several weeks ago in regards to the Silverstone latecomer agreements. I believe the agreement signed by Sundance Company will be forwarded to me Friday, August 2. If I do not receive the signed agreement by the Council meeting, I will ask that this item, be tabled. Recommended Council Action: Approve the sewer latecomer agreement with Sundance Development Company and authorize the Mayor to sign and City Clerk to attest Thank you. Please contact me if you have any questions regarding these items. ~ . Page 3 G,'\ln O. S:-II I II. fl.E. PCHUC Wlla~s DU<ECTOf{ PI- CITY OF MERIDIAN I ~IC WORKS / BUILDING DELARTMENT M"\YOf{ RUHF.I<T D. CORRIE' [JIV,1l R. W..\1:-;(l;';. P.E. OTY ES(i1NLEl< July 15, 2002 COUNt'll. MEMBERS KElni Bum T.-\MM\' IlE WEEk!) CHERIE MCC.-\!'JDI.ESS Wll.l.l.-\M LM. N.-\R\' Me & Mrs. Vem Alleman 2101 E. Ustick Road Meridian, 10 83642 This letter outlines the process of recording the easement and further describes the easement compensation process. Previously, you have been given a revised easement document that incorporates the changes you requested. Also accompanying the easement, were legal descriptions and exhibits deScribing the alignment of the sewer across your property. The process of recording this easement involves both of you signing the easement and having it notarized. The Meridian City Council and Mayor will then review the provisions and if they agree with the provisions, the Mayor will sign the easement verifying the City's concurrence. The easement will then be recorded. Payment for the easement will be made within approximately four (4) weeks following recording. Please keep in mind that only the Mayor and City Council have the authority to approve the easement conditions and the other provisions. After you sign the easement, I will ask for review and approval of the easement and compensation at the next regular meeting of the City Council. The council will be asked to approve paying you $ 5,753.00 for the temporary and permanent sanitary sewer easement across your property. ~''''!''5 cornpensatlon amount was establishecl fro:n tne prOpe;T{ aopf3;sal that t-13S bee"! ;x9vlousiy transmitted to you by our (>ty .b..Uorney s "1f;::-<: Construction documents for this sewer project are being developed by J-U-B Engineers. J-U~B will review the construction plans with you prior to construction. If you have any questions, please contact me. Sincerely, ~~ Gary D. Smith, P.E. Public Works Director cc: Brad R. Watson, P.E.; City Engineer Phil Krichbaum, P.E.; J-U-B Engineers 660 E. Wal~nower Ln.. Suite .200 Public Works (208) 898-5500 Fax (208) 887-1297 Meridian. Idaho 83642 Building (208) 887 -221 [ SANITARY SEWER EASEMENT THIS INDENTURE, made this _ day of ,2002 between Vern R. and Angelina P. Alleman, husband and wife, the parties of the first part, and hereinafter called the Grantor, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee. WITNESSETH: WHEREAS, the Grantor desires to provide a sanitary sewer right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for the permanent and temporary construction easements for the construction, operation and maintenance of a sanitary sewer line over and across the following described property: (SEE ATTACHED EXHIBITS "A" AND "B") The permanent easement hereby granted is for the purpose of construction and operation of a sanitary sewer line and allied facilities, together with maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. The temporary construction easement is for the purpose of construction of a sanitary sewer line and related incidental work. The temporary construction easement shall expire when the construction contract terminates. TO HAVE AND TO HOLD, the said permanent 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 the Grantee, in constructing and in making future repairs, will expediently replace and restore the premises to a condition comparable to that existent prior to undertaking such construction, repairs and replacement. However, the Grantee will not be responsible for repairing, replacing or restoring any permanent structures, large trees or brush placed within the area described in this easement. The Grantee also agrees to the following: SANITARY SEWER EASEMENT, Page 1 of 4 1 . The Grantee will retain and/or replace all fencing and gates damaged by construction activities. 2. Topsoil and subsoil are to be individually removed, to an agreed width to facilitate sanitary sewer installation, and stored while the sanitary sewer is constructed. After installation of the pipeline, and completion of the project, the subsoil shall be replaced first and compacted to its original density. The topsoil shall then be replaced and leveled to a condition comparable to that existing prior to pipeline installation. 3. In accordance with the Grantor's proposed subdivision concept plan as prepared by Hubble Engineers, Grantee agrees to align the sanitary sewer and manhole as generally shown with said plan. In addition, the Grantee shall install sewer services on the sanitary sewer to serve proposed adjacent residential lots north and south of the sanitary sewer as generally shown on the before mentioned Grantor's plan. 4. The proposed manhole will be buried two feet as measured from existing ground surface to top of the manhole's cover. 5. No access road will be constructed over the sanitary sewer. 6. Grantee will replant appropriate alfalfa or pasture grasses in the disturbed area. 7. If livestock are being contained by fencing within the construction area, temporary fencing will be constructed and maintained to contain the livestock. 8. Construction of the sanitary sewer will occur between the time period of October 15th through April 15th. Weather limitations may necessitate a time extension for completion of final surface restoration and grading as mutually agreed by the Grantor and Grantee. THE GRANTOR hereby covenants and agrees that he will not place or allow to be placed any permanent structures, large trees or brush within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTOR does hereby covenant with the Grantee that he is lawfully seized and possessed of the aforementioned and described tract of land, and that he has a good and lawful right to convey said easement, and that he will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. SANITARY SEWER EASEMENT, Page 2 of 4 IN WITNESS WHEREOF, the parties have hereunto subscribed their signatures the day and year first hereinabove written. ~~ (tffi~ Vern R Alleman ~r4c&~~ Angelina . Alleman STATE OF IDAHO) ) ss County of Ada ) On this ;:?~ day of / 'Li.t:~. ,2002, befor me (ilel> MJh t>c/ , personally appeared · r, V c ./J- '!.~'. Jiov~dto me on the bases of satisfactory evidence to be the persons whose names is subscribed to the within instrument, and acknowledged that they executed the same. \\\\lIlll"tl ",..,~ tl- fL~i.'I'", ,,~^ :\\,'1IUfl.'I" I~~..., ..... ~ ", -r JI J,,"z.j ~ ~ S .:-1tr.~O '.r-tLi"" , :: CJ ~' ,- ~~ ~ ~ {~ ...~ ~ ~ (- 0) ~ :. \: #VI. ...... $ :: -:. ....";~ vB\-'~':- 0 .. ~ ~"'I \",........ - ~ ~ ~,,~ "I"unun\\\ t--V..... """ 44~ OF \0 ,..,,, 111I ",,, /1111111 I II" ) My Commission Expires on 7 . eX !5~ () 7 SANITARY SEWER EASEMENT, Page 3 of 4 GRANTEE: CITY OF MERIDIAN Robert D, Corrie, Mayor Attest by William G. Berg, City Clerk Approved By City Council On: SANITARY SEWER EASEMENT, Page 4 of 4 ~ ('"J.U.8.. ~ Engineers Surveyors Planners Project No.: Date: Parcel No.: Grantor: South Slough Trunk Sewer Extension (11690) February 28, 2002 S1105212900 Vern R. and Angelina P. Alleman Clll'. OF MERIDIAN EXHIBIT "A" A 25' WIDE PERMANENT SANITARY SEWER EASEMENT LAND SITUATED IN ADA COUNTY A strip of land located in a part of Government Lot 3, Section 5, T.3N., R.1E., B.M., Ada County, Idaho, for the purpose of a 2~-foot wide permanent sanitary sewer easement lying 10 feet Northerly of and also 15 feet Southerly of the following described line: Commencing at a found brass cap marking the Northwest corner of Section 5, T.3N., R.1E., B.M., Ada County, Idaho, from which a found 5/8-,nch iron pipe marking the Northeast corner of Government Lot 3 bears South 89045'21" East, 2,655.40 feet; thence along the Northerly boundary of Section 5, South 89045'21" East, 1,327.67 feet to the Northwest corner of Government Lot 3; thence along the Westerly boundary of Lot 3, South 00025'39" West, 786.10 feet to the POINT OF BEGINNING; point; thence leaving said Westerly boundary, North 77042'22" East, 137.20 feet to an angle thence North 88021 '49" East, 202.76 feet to a point-on the Easterly boundary of property described in Instrument No. 780519 of the Ada County, Idaho records, the POINT OF TERMINUS; Sidelines to be shortened or lengthened to match the beginning and terminus of this description, and to form a closed figure. Said strip contains 8,499,21 square feet (0.195 acres), more or less. TOGETHER WITH: A 35-foot wide temporary construction easement being 35-foot Southerly and coincident with the Southerly boundaries of the above-described permanent sanitary sewer easement. Sidelines to be shortened or lengthened to match the beginning and terminus of this description, and to form a closed figure. Said strip contains 11,901.86 square feet (0.273 acres), more or less. END OF DESCRIPTION Refer to Exhibit "B" Prepared by: J-U-B ENGINEERS, Inc. Ronald M. Hodge, P.L.S. RMH:taj F:\projectmanagers\PHK\ 11690\ 11690.Sur\descriptions\alleman perm sewer easement. doc * ~ O~ ui a~~ ~ ~ "0 ~ eis ~ wi, AN .. ""' en a.~~ 0 ~\ 2':'% iUl~ ~ _OUl \\ ~~~ a.~'% L. -...JW ~ w9.Ul aeno ?Jl ~ \ ~en~ ~4 t: !o u..':~ UlUlU ~d ~ 0,,",\11 ~ ~ ~~en a ~ o'6Z Ul _en ... ~.t(z C U i oog Ul - 04:5 ~ ex:~- 0..00 4: co .... O-~ \- ~ <;: ~ fQ ~ \- uJ "7 ~ "5 0- ~ ~ 4: C.- <Q ~ Z \.L! ::::l :::lo ~ z,~g 5 ~ :.:s:ZN ~ 8 ~..s:"" t\ 0 W N ~ (.) :1~g <3 \- i :c:c. ..- . .... ~ ~ ~(j') '1 lJ-C> Z \- ~ 0 ~ ~ 0"2: ffi ~ :J: ~ 0- Z. "'7 ~ ~ ~ eJ ~ \-Z ~ Z6 3- ;i 0.- -'M \ lQ 6 6 6 ~ \:; w tg tf) ~ ~ C \ :;t 0 m \- ~ 0- ~ ~ G ~ 0 e 0::. ex: 0::. c ~ (? 0 0- 0- 0.. ( \ \ \ \ \ \ Z \ 0 0 \ (fl 0 ~ \ \ \ \ \ \ AGREEMENT PARTIES: 1. 2. City of Meridian Vem R. Alleman and Angelina P. Alleman, husband and wife THIS AGREEMENT is made and entered into this day of ,2002, by and between the CITY OF MERIDIAN, a municipal corporation of the State of Idaho, 33 East Idaho, Meridian, Idaho 83642, and hereinafter called "CITY", and VERN R. ALLEMAN and ANGELINA P. ALLEMAN, husband and wife, 2101 E. Us tick, Meridian, Idaho 83642, and hereinafter called "ALLEMAN". 1. RECIT ALS: 1.1 WHEREAS, "CITY" is in the process of acquiring easements for construction of the extension of a sewer trunk line, a portion of which has been designed to cross the property owned by "ALLEMAN"; and 1.2 WHEREAS, "ALLEMAN" has agreed to grant easements for the construction, placement and maintenance of said sewer trunk line, upon certain conditions; and 1.3 WHEREAS, "ALLEMAN" owns the following described property: PARCEL ONE: A tract ofland situated in the NW 1/4 of Section 5, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, described as follows: Beginning at the NE comer of Government Lot 3 in said Sec. 5; thence S. 89050' W., along the North line of said Lot 3 a distance of335.00 feet to the Real Point of Beginning; thence S. 0002'59" E., a distance of 876.63 feet; thence N. 86038'20" W., a distance of 154.36 feet; thence N. 76025'56" W., a distance of 191.49 feet; thence N. 3 L 0 17'59" W., a distance of L89.47 feet; thence N. 58035'55" W., a distance of 99.48 feet; thence N. 86030'26" W., a distance of 135.83 feet; thence N. 0013'48" E., a distance of 598.75 feet to a point on the said North line of Lot 3; thence N. 89050' E., a distance of 656.00 feet to the Real Point of Beginning. Containing 11.46 acres, more or less, which is subject to 30 feet of ALLEMAN/CITY OF MERIDIAN AGREEMENT Page 1 of 7 County Road right of way and all existing easements or rights of way. Together with all water, water rights, ditches and ditch rights of way appurtenant thereto or connected therewith. PARCEL TWO: Commencing at a point Nine hundred-ninety-one feet west of the NE comer of Lot 3, Section 5, T. 3 North, R. 1 East B.M., in Ada County, State of Idaho, and running thence South 1320 feet more or less to the South Boundary line of said Lot 3; thence West along the South Boundary line of said Lot 3; 329 feet more or less to the SW comer of said Lot 3; thence North 1320 feet more or less to the North Boundary line of said Lot 3; thence East along the North line of said Lot 3; 329 feet more or less to the Place of Beginning. Containing 8.785 acres, more or less. EXCEPTING therefrom the following portion thereof: Commencing at the quarter section comer common to Sections 5, T. 3N. R. IE., B.M., and 32, T. 4N., R. IE., B.M., thence S. 89050' W. along the section line, 1327.23 feet to the northwesterly corner of said Lot 3, thence S. 000 I' W. along the westerly side of said Lot 3, 30.00 feet to a steel pin, the real point of beginning on the southerly boundary line of the Boise Valley Railroad Company right-of-way; thence continue S. 0001' W. along the westerly side of said Lot 3,225.83 feet to a steel pin; thence N. 890501 E., 179.61 feet to a steel pin; thence N. 00011 E., 225.83 feet to a steel pin on the Southerly boundary of the Boise Valley Railroad Company right-of-way; thence S. 89050' W. along said right-of-way line, 179.61 feet to the real point of beginning. Said tract of land contains 0.931 acres. 1.4 WHEREAS, "ALLEMAN" wants the right to continue to farm this property in the same manner as in the past, and further" ALLEMAN" has no present intention to develop said property or convert its use to any type of any urban density; and 1.5 WHEREAS, "ALLEMAN" does not currently, or in the foreseeable future, want to be annexed into the City of Meridian; and 1.6 WHEREAS, "ALLEMAN" in partial consideration of "CITY'S" agreement not to annex his property without his permission has granted easements for the South Slough Sewer Trunk Line Extension. ALLEMAN/CITY OF MERIDIAN AGREEMENT Page 2 of 7 NOW, THEREFORE, in consideration of "ALLEMAN'S" grant of easements to the "CITY", and "CITY'S" agreement to not annex "ALLEMANS" property, the parties agree as follows: 1. Subject to the conditions stated herein, as long as "ALLEMAN" owns the property described above, the "CITY" will not annex the same without "ALLEMAN'S" written consent. 2. "CITY'S" agreement to not annex said property described above shall continue so long as "ALLEMAN" owns the property and "ALLEMAN" continues its current use. The "CITY" may, but is not required, to annex the property upon occurrence of one or more of the following: a. "ALLEMAN" requests annexation; or b. Application by "ALLEMAN" for subdivision or partition of the property for development. 3. DATES OF SEWER TRUNK LINE CONSTRUCTION: All construction of the proposed sewer trunk line, an easement for which is partial consideration for this agreement, shall be performed no earlier than October 15,2002 and completed no later than March is, 2003. 4. This agreement shall be effective upon the date that the Sewer Trunk Line easements referred to herein are recorded in the records of Ada County, Idaho. 5. Any annexation of the property described herein, when permitted by this agreement, shaH comply with Idaho Code 50-222, or as the same may be amended and in effect at the time of the annexation. 6. DEFAULT: A waiver by "CITY" of any default by "ALLEMAN" of any one or more of the 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 conditions. 7. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either "CITY" or "ALLEMAN", 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. 7.1 In the event of a material breach of this Agreement, the parties agree ALLEMAN/CITY OF MERIDIAN AGREEMENT Page 3 of 7 that "CITY" and "ALLEMAN" 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. 7.2 In the event the performance of any covenant to be performed hereunder by either "ALLEMAN" 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. 8. REQUIREMENT FOR RECORDATION: "CITY" shall record either a memorandum of this Agreement or this Agreement, including, ifany, Exhibits, at "CITY'S" cost, and submit proof of such recording to "ALLEMAN". 9. 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 the parties and shall survive any default, termination or forfeiture of this Agreement. LO. NOTICES: Any notice desired by the parties 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 certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: ALLEMAN: City Clerk City of Meridian 33 E. Idaho Ave. Meridian, 10 83642 Vern R. Alleman and Angelina P. Alleman 2LO I E. Ustick Meridian, Idaho 83642 10.] A party shall have the right to change its address by delivering to the ALLEMAN/ClTY OF MERIDIAN AGREEMENT Page 4 of 7 other party a written notification thereof in accordance with the requirements of this section. 1l. 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. 12. 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. LJ. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "ALLEMAN" 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 "ALLEMAN" 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 writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to "CITY", to a duly adopted resolution of "CITY". End Of Agreement. ALLEMAN/CITY OF MERIDIAN AGREEMENT Page 5 of 7 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. "ALLEMAN" , ~ aMA/7/7~ VERN R. ALLEMAN c~~~ /? ~H'4--J AN EL A P. ALLEMAN "CITY OF MERIDIAN" BY: MAYOR ROBERT D. CORRIE Attest: BY: CITY CLERK BY RESOLUTION NO. ALLEMAN/CITY OF MERIDIAN AGREEMENT Page 6 of 7 STATE OF IDAHO ) :ss COUNTY OF ADA ) /J ,On this ~.;( day of O~~ , in the year 2002, before me, e.; /ncb--/ J--!.uJ/U/l:.-/ f/ a otary Public, personally appeared Vern R. Alleman arid Angelina P. Alleman, husband and wife, known or identified to me to be the persons who executed the instrument, and acknowledged to me having executed the same. (SEAL ) ",tltlIlI't, ........" ,...y b "'" ...... ~'v ~ /:'~ " ..:~'~ 1\..nICU~"'1 ,...A '...., ~ "" 1'1-" 0 7: '., v....' ~ ~'~~. .A'~" ~ ~ -, '~'; t1>"!.- ... ~ ~...... _.. , 11- - _:: -<"7<:1- ~ ~-o ffi ~ -~':: V -- .. 0;. C::- ~ ~ \ lIl\ f ~ ~ TA'J"I"II "'..."........ ::" ~ .. (!-9 -'JIIr.un~"'1o: ....' --I", OF IOA.'\:\O ...',........ //f \\" /1111111\\\\\ STATE OF IDAHO) :ss County of Ada ) On this day of , 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) Notary Public for Idaho Conunission expires: Z:\Work\M\Meridian\Meridian IS360M\Alleman Vem Property\Non annexation agreement.doc ALLEMAN/CITY OF MERIDIAN AGREEMENT Page 7 of 7 August 2, 2002 MERIDIAN CITY COUNCIL MEETING APPLICANT Public Works Department August 6, 2002 3-V ITEM NO. REQUEST Snorting Bull (Woodbridge) Subdivision Off-Site Water and Sewer Easement -- Paul and Margaret Loree: 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 ~~ ~~O Contacted: Date: Phone: Materials presented at pUblic meetings sholl become property of the City of Meridian. City of Meridian Public Works Dept. Memo RECEIVED ~ ' . r, r. I 2002 J ~...... 'J \.I CITY OF MERIDIAN CITY r! J::R!( n~~'r.F: To: Mayor Conie & City co~ tt.J From: Brad Watson, P.E. jJ;l CC: File, Gary Smith, PE, City Clerk Date: 8/1/2002 Re: Proposed Agenda Items for August 6 City Council Meeting The Public Works Department respectfully requests that the following items be placed on the August 6 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Award of Contract, 2002 Sewer Cleanina Proiect. See memo to me from Len Grady dated 8/1/02. 2) Award of Contract, Asphalt Pavement Improvements at W'WTP. See memo to me from Len Grady dated 8/1/02. 3) Addendum No. 1 to AQreement for Professional Services - White Drain Sewer Trunk Proiect, Keller Associates. Keller Associates, our consultant for this project, is requesting an addendum to their agreement As explained in the Project Cost Summary prepared by Donn Carnahan and as you well know, this project has been challenging in tenns of easement acquisition, coordination with property owners and establishing a final alignment We have continually cooperated with the developers along the route and even today continue to make adjustments to the design at their request. This coordination and cooperation has required much more effort from Keller Associates (as well as staff) than was in the original agreement approved by Council in December of 1999. Attached is a copy of Keller Associates' request along with a spreadsheet detailing the proposed changes to the agreement The original agreement amount was $136,892.80 which did not include record drawing preparation (it was included as an optional task but not authorized at the time the agreement was approved). The total requested agreement revision amount is $60,353.95, on a time & material basis, for a new agreement total of From the desk.of... Brad WId3on, P.E. City Engineer Meridian Public Wcrics J:)epartmem 660 E. Watertower I..ane, Suite 200 Meridian, Idaho 83642 (208) 89&-SSOO Fax: (208) 887-1297 Wll1sonIJ@m:ridiancity.org . Page 1 $197,246.75 (approximately 20% of the construction costtotal). Public Works Department agrees that this project has required much more time and effort than originally believed when the project began. Recommended Council Action: approve the addendum to the agreement with Keller Associates for the White Drain Sewer Project on a time and material based amount of $60,353.95. 4) UV Disinfection. Grit Basin & Outfall Proiect- Tertiary Filter Bypass Pipeline Change Order. See memo from to me from Len Grady dated 8/1/02. 5) South Slough Sewer - Dixie Roberts Easement. Attached is a copy of new permanent and temporary construction sewer easements signed by Ms. Roberts. No compensation is associated with this easement. Recommended Council Action: Accept the permanent and temporary construction sewer easements from Dixie Roberts and associated conditions, and authorize the Mayor to sign and City Clerk to attest 6) South Slough Sewer - Alleman Easement. Attached is a copy of new permanent and temporary construction sewer easements signed by Vem Alleman. Also included is a copy of Gary Smith's letter to Mr. Alleman and a side agreement regarding annexation. Recommended Council Action: Accept the permanent and temporary construction sewer easements from Vem and Angelina Alleman, the side agreement with Vem and Angelina Alleman and authorize the Mayor to sign and City Clerk to attest. 'If:: 7) Snorting Bull Subdivision Off-Site Water & Sewer Easement - Paul and Maraaret Loree. Attached is a copy of a permanent water and sewer easement signed by Mr and Mrs. Loree. No compensation is associated with this easement Recommended Council Action: Accept the permanent and temporary construction sewer easements from Paul and Mararet Loree, and authorize the Mayor to sign and City Clerk to attest. We request that the following items be placed on the August 6 City Council agenda, under Public Works Department Reports, for Council's consideration: 1) 1-84 Sewer Crossina Latecomer Aareement - G.L. Voigt Development Company. This latecomer agreement, a signed copy of which is attached, reflects changes to these agreements I discussed with City Council several weeks ago in regards to the Silverstone latecomer agreements. . Page 2 Recommended Council Action: Approve the sewer latecomer agreement with G.L Voigt Development Company and authorize the Mayor to sign and City Clerk to attest. 2) Five Mile Sewer Trunk Extension Latecomer Aareement - Sundance Development Company (Silverstone). This latecomer agreement, an unsigned copy of which is attached, reflects changes I discussed with City Council several weeks ago in regards to the Silverstone latecomer agreements. I believe the agreement signed by Sundance Company will be forwarded to me Friday, August 2. If I do not receive the signed agreement by the Council meeting, I will ask that this item~ be tabled. Recommended Council Action: Approve the sewer latecomer agreement with Sundance Development Company and authorize the Mayor to sign and City Clerk to attest. Thank you. Please contact me if you have any questions regarding these items. ~ . Page 3 S~t"i'1~ \3u\\:#=2 cff-<S~te. SANITARY SEWER AND WATER MAIN EASEMENT fA THIS INDENTURE, made this -ti- day of ;JU,.~ , 20QJ".between Mr. and Mrs. Paul M. Loree, 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 sanitary sewer and water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors] and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance] repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED] by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing] replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Sanitary Sewer and Water Main Easement easement.doc Page I Offsite utility THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part 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 o[[and, 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. G:&2R: / ~/4# ~ Paul M. Loree 1Z~~~ Z~) STATE OF IDAHO) ) ss County of Ada ) On this It day of ~ , 200~ before me, the undersigned, a Notary Public in and for said State, personally appeared rpLUJ m. t"t't..~ and 7rlo.rqtLYtl- e. U;YI'..L, known or identified to me to be the President and Secretary, respectively, of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. fN WITNESS ~@n/~>>ave hereunto set my hand and affixed my official seal the day ~~~ ~ln.~ ### i and year fist abQ.~~w~::J' ~Jf.Sl..r ##.... ~ ,'" ~ .... .... ~ ~ ~ .. .. ~ . .. ....,. "-AR · .. : : 0\ }- \ : ~ ".AAo~ : · ~ :-k: ~ ~ ; \ _.- c..: $ Notary Public for Idaho~. .. * · \... \: ... 'd' ;. .. PU \\ ...~: Rest 109 at ~ , Idaho \#.. d';:..........~~ '\.....l My commission expires PI lID'" Sanitary Sewer and Waler Marfr41Jh~f .~~~.... Page 2 Offsite utility ~f......". easement.doc GRANTEE: CITY OF MERIDIAN Robert D. Corrie, Mayor Attest by William G. Berg, City Clerk Approved By City Council On: Sanitary Sewer and Water Main Easement easement. doc Page 3 Offsite utility Engineering 1 lorth Vlest, LLC 10221 West Emerald, Suite 140 &JiBe, Idaho 83704 ( (208) 176-5000 · Fax (20&) 3'16-5556 Project No, 01-034-01 Date: March 8. 2002 EXHIBIT B SNORTING BULL SUBDIVISION~PHASE 2 EASE1\mNT TO MAGIC VIEW LOT 6 A 50-foot wide easement over a parcel of land located in the SW 1/4 of the NE 1/4 of Section 17, T. 3 N., R. 1 E.~ B.M., Ada County, Idaho, more particularly described. as follows: Commencing at the 114 section corner common to Sections 17 and 18 of said T. 3 N., R.I E.; Thence North 0000'00" East on the section line common to said Sections 17 and 18, 1329.23 feet to the North 1I16ili section corner common to said Sections 17 and 18; Thence North 89030'51" East on the northerly boundary of the S 1/2 of the NW 1/4 or said Section 17, 135025 feet to the northeast comer of Snorting Bull Subdhrision - Phase 1, as same is shown on the Plat thereof recorded. in Book 81 of Plats at Page 8764, of Ada County Records; Thence continuing North 89030'51" East on the northerly boundary of said S 1/2 of the NW 1/4, 129&.06 feet to the center-north 1/16th section comer of said Section 17; Thence South 0007'39" East on the north-south mid-section line of said Section] 7, 426.95 feet to the southwest comer of Lot 6 of Amended M.agic View Subdivision, as same is shown on the plat thereof recorded in Book 52 of Plats at Page 4445, of Ada County Records, said point being the REAL POINT OF BEGINNING; Thence South 80009'59" East, 409.00 feet on the lot line common to Lots 6 and 7 of snid Amended Magic View Subdivision to an angle point in said common lot line, said point being a point of curve; Thence 75.70 feet along the arc of a cu,"'"Vc to the right, said C1.UVe having a radius of 45.00 feet, a central angle of 96022'46" and a chord distance of 67.08 feet which bears North 31"'58'36" West; Snarting Bull Subciivis~ll Phs 2 Es=t to Magic ViC\'.' ;...0: 6.do~ ?ug.c 1 of2 ~'J . j .:.I.I.I.I! . ~" ~ . I I - ; S' j;,j ~u:.,~-;~ _:, ~~ - "'I.' - + ., ;'~: " :r = :d:!3m3 Iii 311. Ci .i ' oJ ,^ ... Thence North 80009'59" West, 373.06 reet on a line which is paraliel to and 50,00 feet northerly of said lot line cornmon to Lots 6 and 7, to a point on the north-south mid-section line of said Section 17; Thence South 0001'39" East, 50.77 feet on said north-sou'"ill rnid.section line to the real point of beginning. Containing 0.43 Acres (18854 Square feet) more or less. r PREPARED BY: Engineering North 'VVest, LLC James R. \"ashburn~ PLS Snor1mg Bull SubiliviJion Ph:: Z Bsmntto M~gic View Lot 6.doc f>.llge 2 or::>. ,.-',' I ':"1.1 :J ........... ...Y :J~" I ~ I, r I. . ;.i, T r .~~'i...i . ... -- . ,.. ,.- :~~)'_ '::J+---':~~'''::' --:"1 ' ':'j : 3: 1 ::":kI3l1'i.3 IT 31 i. 1=1 ,---- J;.. ~ o Q O'i ::tJ 5 ,0 '" lz '" , ,." '8 I 0 u ... 8 ":6 ;;;s > :s; :z f.l i 0 <:I ~ a <:> /T\ I '" r~ ,.., z .... h x :< gj .... I Ql b ~ G "" I '" I 0 N to:' 0 0 .,. " '3 1i; .... UODBRI!-:i I suLJSION . / I 1 I ! I ...-._ __ I I , J i 50' --- ---- --- -t-:-"-t' ....1 (-"r' '..J I / I I I~ tJI o I / J I / 50' / - '", ) I / I . I I / I I J I I I / l ) '\\ I I I ) I~ j '0. sl rr, ~I ;0 ~I r'I-.. {'I T ':~I,_' . I., I_ .:C;. T TJ~':.~: I Q \:.J L I i J I r 2 I I I - -, @ (j) o )> , fT1 ---'- II ---'- o () ~..'- ~r ~-..,~~.-. r..'- - . .....,.... , :U)'>::J-::~..:...:.. -.:.I_~._ . ....,c~ 1 r I I I I I ):;- UJ fTl ~ZX );.0:]: ,;:0 ..-... -I - I ~ z CD 00_ o ---..:...J la m-' me I~F)> 0CIJ rr1 C I (f)rn Ie 0 ill < fTl I 0 UJ ""- <o~ (/) Z UJ o -0 f1l z ::r: ~ zP I 0 (f) fTl . f'l1 Z I ~!'J --., I .~I j t I :.3~ ~ :i jd3li'i3 iT 3['!' C August 2, 2002 Department Reports MERIDIAN CITY COUNCIL MEETING August 6, 2002 APPLICANT Police Department -- Mike Worley REQUEST Agreement for Police Testing: ITEM NO. 11 - ,- it.. AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLlCE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: See Attached Agreement ~C0 ~f t\/O Contacted: Date: Phone: Materials presented at public meetings shall become property ot the City of Meridian. ECEIVED PublicSafetyTesling.CDIDTM SUBSCRIBER AGREEMENT I ~ f"- c"li I! U I CITY OF MERIDIAN CITY CLERK OFFICF WHEREAS, PublicSafetyTesting.com is a skilled provider of testing services to police, fire, and other public safety agencies, and WHEREAS, the subscriber public agency, either directly or through a civil service commission, tests, evaluates, ranks and hires law enforcement and/or firefighters and/or other public safety positions in the performance of its public safety functions, and WHEREAS, the subscribing public entity desires to join in a non-exclusive subscriber agreement, NOW, THEREFORE, PublicSafetyTesting.com, a division of the Walters Consulting Group, Inc., (the "Contractor") and the a municipal corporation of the state of Idaho (hereinafter "Subscriber") do enter into this nonexclusive Subscriber Agreement under the terms and conditions set forth herein. 1. Description of Basic Services. The Contractor will provide the following services to the Subscriber, on its request: 1.1 Advertise for, process applications for, and administer written and/or physical agility examinations for (check all that apply): o Entry-level Police Officer/Deputy Sheriff personnel o Lateral Police Officer/Deputy Sheriff personnel o Firefighter personnel o Corrections Officer personnel 1.2 Report to the Subscriber the scores of applicants, with all information necessary for the Subscriber to place passing applicants upon its eligibility list, and rank them relative to other candidates on appropriately constituted continuous testing eligibility lists. 1.3 Appear in any administrative or civil service proceeding in order to testify to and provide any and all necessary information to document the validity of the testing process, to participate in the defense of any testing process and to otherwise provide any information necessary to the Subscriber to evaluate challenges to or appeals from the testing process. The Contractor shall appear without additional charge. The Subscriber shall pay the reasonable cost of travel and appearance for any expert witness deemed necessary by the Subscriber to validate the testing process, including but not limited to, representatives of any company which holds the copyright to any testing material and whose testimony or appearance is deemed necessary to validate the process. Subscriber Agreement - Idaho April 5, 2002 Page 1 of5 PublicSafetyTesting.com 1.4 The Subscriber elects (select one): o A one-year subscription at rates set forth in the attached Exhibit A incorporated by this reference as fully as if herein set forth. o A three-year subscription at rates set forth in the attached Exhibit A incorporated by this reference as fully as if herein set forth. 2. Additional Services. At the request of the Subscriber, Contractor may provide the fOllowing types of services: 2.1 Submission to the Contractor of additional requests for applicant testing with respect to any given eligibility list or any other task under the provisions of this paragraph shall be at the sole discretion of the Subscriber. This is a non- exclusive agreement and the Subscriber may continue at its discretion to conduct entry level testing in addition to the services provided by the Contractor, and may, in addition, contract with any other entity for services during the initial one-year term of this Agreement. If the Subscriber elects to utilize the Contractor for a three-year subscription, he/she may terminate this Agreement in years two and three and contract for additional services in accordance with the provisions of paragraph 7 below. 2.2 In addition to the services provided under this Agreement, the Subscriber may, at its sole discretion, elect to purchase additional services from the Contractor. Such services shall be requested by and contracted for pursuant to separate written agreement. 3. Acknowledqements of Subscriber. The Subscriber understands and acknowledges, and specifically consents to the following stipulations and provisions: 3.1 The written and physical agility scores of any applicant shall be valid for 15 months from the date of certification by the Contractor or 12 months from the date of placement upon the Subscriber's eligibility list, whichever first occurs, following the report of the Contractor, and rules compatible with continuous testing shall be adopted. The Subscriber shall review its applicable hiring processes, advertisements, personnel policies and civil service rules (as applicable) to ensure compliance with the provisions of this Agreement. 3.2 An applicant may, in addition to the Subscriber's eligibility list, elect to have his/her score reported to and subject to placement on the eligibility list of any other Subscriber. Nothing in this Agreement shall be interpreted to prohibit the use of an applicants' score for consideration in or processing through any other subscriber's hiring and/or civil service eligibility process. The Subscriber agrees that if an applicant is hired by another agency through this service, the applicant's name shall be removed from Subscriber's eligibility list. Subscriber Agreement - Idaho April 5, 2002 Page 2 of5 PublicSafetyTesting.com 3.3 The Subscriber specifically understands and acknowledges that the Contractor may charge a reasonable application fee from any and all applicants. 3.4 The Subscriber may also conduct advertising as it deems necessary to support/enhance recruiting efforts. The Subscriber shall link PublicSafetyTesting.com on its agency's website, if it so maintains one. 4. TestinQ Standard and Warranty of Fitness For Use. All testing services conducted under this Agreement shall be undertaken in accordance with the provisions of applicable statute as the Subscriber shall notify the Contractor that the Subscriber must meet. Tests shall also be conducted in accordance with the general standards established by the Subscriber; the Subscriber shall be responsible for notifying the Contractor of any unusual or special process or limitation. The test utilized, the proctoring of the test and any and all other services attendant to or necessary to provide a valid passing or failing score to the Subscriber shall be conducted in accordance with generally accepted practice in the human resources, Civil Service and Public Safety Testing community. The Subscriber may monitor the actions and operations of the Contractor at any time. The Contractor shall maintain complete written records of its procedures and the Subscriber may, on reasonable request, review such records during regular business hours. Any and all written materials, and the standards for physical fitness testing utilized, shall comply with all applicable copyrights and laws. The Contractor expressly agrees and warrants that all tests and written materials utilized have been acquired by the Contractor in accordance with the appropriate copyright agreements and laws and that it has a valid right to use and administer any written materials and tests in accordance with such agreements and laws. 5. Independent Contractor. The Contractor is an independent contractor. Any and all agents, employees or contractors of the Contractor, shall have such relation only with the Contractor. Nothing herein shall be interpreted to create an employment, agency or contractual relationship between the Subscriber and any employee, agent or sub-contractor of the Contractor. 6. Indemnity and Hold Harmless. The parties agree and hold harmless each other, their officers, agents and employees in accordance with the following provisions: 6.1 The Contractor shall indemnify and hold harmless the Subscriber, its employees and agents from any and all costs, claims or liability arising from: 6.1.1 Violation of any copyright agreement or statute relating to the use and administration of the tests or other written materials herein provided for; 6.1.2 Any cost, claim or liability arising from or out of the claims of an employee, agent or sub-contractor to the end that the Contractor shall be an independent Contractor and the Subscriber shall be relieved of any and all claims arising from or relating to such employment relationships or contracts between the Contractor and third parties; Subscriber Agreement - Idaho April 5, 2002 Page 3 of5 PublicSafetyTesting.com 6.1.3 The alleged negligent or tortious act of the Contractor in the provision of services under this Agreement. 6.2 The Subscriber shall indemnify and hold harmless the Contractor, its officers, agents and employees from any and all cost, claim or liability arising from or out of the alleged negligent or tortious act of the Subscriber in the provision of services hereunder. 7. Termination. The Contractor and the Subscriber may withdraw from this Agreement at any time for any reason with 45 days written notice, provided, however, that the provisions of paragraphs 1.3, 4, 5 and 6 shall remain in full force and effect following the termination of this Agreement with respect to, and continuing for so long as any applicant tested by the Contractor remains on the eligibility list of the Subscriber. Provided further that in the event either party elects to terminate this agreement, prior to its expiration, any amounts paid by the Subscriber shall be pro-rated and reimbursed to the Subscriber, accordingly, within 60 days of termination of this Agreement. 8. Entire Aareement. Amendment. This is the entire Agreement between the parties. Any prior agreement, written or oral, shall be deemed merged with its provisions. This Agreement shall not be amended, except in writing, at the express written consent of the parties hereto. This Agreement is dated this day of ,2002. CONTRACTING PUBLIC ENTITY PUBLlCSAFETYTESTING.COM By: By: Its: Its: President Subscriber Agreement - Idaho April 5, 2002 Page 40f5 PublicSafetyTesting.com EXHIBIT A Fee Structure for One-Year Subscribers Annual subscription rates for one-year subscribers are determined by the number of fulltime employees* in the position that testing services are being utilized for multiplied by 60. For example, if Subscriber contracted for testing services for firefighters and there are 15 full-time firefighters on Subscriber's staff, the subscription fee for one year would be $900 (15 fire x 60 ;;; 900) each year. If Subscriber contracted for both police and fire testing and, for example, there were 25 police FTE's and 20 fire FTE's, the annual subscription fee would be $2,700 (45 police & fire x 60;;; 2,700). Subscription fees will be billed in the first quarter and are due within forty-five (45) days. Fee Structure for Three-Year Subscribers For state of Idaho public entities that subscribe to PublicSafetyTesting.com for three years, agencies may lock-in this lower subscription rate for three-years. Annual subscription rates are determined by the number of fulltime employees* in the position that testing services are being utilized for multiplied by 50. For example, if Subscriber contracted for testing services for firefighters and there are 15 full-time firefighters on Subscriber's staff, the annual subscription fee for Year 2 and Year 3 would be $750 (15 fire x 50 = 750) each year. If Subscriber contracted for both police and fire testing and, for example, there were 25 police FTE's and 20 fire FTE's, the annual subscription fee would be $2,250 (45 police & fire x 50 = 2,250) for Year 2 & Year 3. Annual subscription fees will be billed in the first quarter and are due within forty-five (45) days. *For law enforcement, "full-time employees" constitute all commissioned officers with enforcement authority, including the Chief/Sheriff. For fire agencies, "full-time employees" constitute all career paid fire personnel, including the Fire Chief. Subscriber Agreement -Idaho April 5. 2002 Page 50f5 PublicSafetyTesting.com August 2, 2002 Department Reports MERIDIAN CITY COUNCIL MEETING August 6, 2002 APPLICANT Public Works Department - Brad Watson ITEM NO. REQUEST 1-84 Sewer Crossing Project Latecomer Agreement -- G.L. Voigt 4-2-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 ~. ~ J-\ /0 Contacted: Date: Phone: Materials presented at pUblic meetings shall become property of the City of Meridian. City of Meridian Public Works Dept. Memo RECEIVED I~.~'~ S 1 2002 CITY OF MERIDIAN CITY r! I=Rk' n~~rrF: To: Mayor Conie & City co~ AJ From: Brad Watson, P.E. ;J~ CC: File, Gary Smith, PE, City Clerk Date: 8/1/2002 Re: Proposed Agenda Items for August 6 City Council Meeting The Public Works Department respectfully requests that the following items be placed on the August 6 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Award of Contract, 2002 Sewer Cleanina Proiect See memo to me from Len Grady dated 8/1/02. 2) Award of Contract. Asphalt Pavement Improvements at WWTP. See memo to me from Len Grady dated 811/02. 3) Addendum No. 1 to Aoreement for Professional Services - White Drain Sewer Trunk Proiect, Keller Associates. Keller Associates, our consultant for this project, is requesting an addendum to their agreement As explained in the Project Cost Summary prepared by Donn Carnahan and as you well know, this project has been challenging in terms of easement acquisition, coordination with property owners and establishing a final alignment We have continually cooperated with the developers along the route and even today continue to make adjustments to the design at their request This coordination and cooperation has required much more effort from Keller Associates (as well as staff) than was in the original agreement approved by Council in December of 1999. Attached is a copy of Keller Associates' request along with a spreadsheet detailing the proposed changes to the agreement The original agreement amount was $136,892.80 which did not include record drawing preparation (it was included as an optional task but not authorized at the time the agreement was approved). The total requested agreement revision amount is $60,353.95, on a time & material basis, for a new agreement total of From the desk of. . . Brad Wldson,P.E. city Engineer Meridian Public Wcdcs lJepartme:nt 660 E. Watertower Lane, Suite 200 Meridian, Idaho 83642 (208) 898-5500 Fax: (208) 8&7-1297 watsoob@meridiancity.org . Page 1 $197,246.75 (approximately 20% of the construction cost total). Public Works Department agrees that this project has required much more time and effort than originally believed when the project began. Recommended Council Action: approve the addendum to the agreement with Keller Associates for the White Drain Sewer Project on a time and material based amount of $60,353.95. 4) UV Disinfection, Grit Basin & Outfall Proiect - T emary Filter Bvpass Pipeline Chance Order. See memo from to me from Len Grady dated 8/1/02. 5) South Slouch Sewer - Dooe Roberts Easement. Attached is a copy of new permanent and temporary construction sewer easements signed by Ms. Roberts. No compensation is associated with this easement. Recommended Council Action: Accept the pennanent and temporary construction sewer easements from Dixie Roberts and associated conditions, and authorize the Mayor to sign and City Clerk to attest 6) South Slouch Sewer - Alleman Easement. Attached is a copy of new permanent and temporary construction sewer easements signed by Vem Alleman. Also included is a copy of Gary Smith's letter to Mr. Alleman and a side agreement regarding annexation. Recommended Council Action: Accept the pennanent and temporary construction sewer easements from Vem and Angelina Alleman, the side agreement with Vem and Angelina Alleman and authorize the Mayor to sign and City Clerk to attest 7) Snomno Bull Subdivision Off-Site Water & Sewer Easement - Paul and Maraaret Loree. Attached is a copy of a permanent water and sewer easement signed by Mr and Mrs. loree. No compensation is associated with this easement Recommended Council Action: Accept the pennanent and temporary construction sewer easements from Paul and Mararet Loree, and authorize the Mayor to sign and City Clerk to attest. We request that the following items be placed on the August 6 City Council agenda, under Public Works Department Reports, for Council's consideration: * ~ 1) 1-84 Sewer Crossino latecomer Aoreement - G.L. Voiat Development Company. This latecomer agreement, a signed copy of which is attached, reflects changes to these agreements I discussed with City Council several weeks ago in regards to the Silverstone latecomer agreements. . Page 2 Recommended Council Action: Approve the sewer latecomer agreement with G.L Voigt Development Company and authorize the Mayor to sign and City Clerk to attest. 2) Five Mile Sewer Trunk Extension Latecomer Aoreement - Sundance Development Companv (Silverstone). This latecomer agreement, an unsigned copy of which is attached, reflects changes I discussed with City Council several weeks ago in regards to the Silverstone latecomer agreements. I believe the agreement signed by Sundance Company will be forwarded to me Friday, August 2. If I do not receive the signed agreement by the Council meeting, I will ask that this item be tabled. , Recommended Council Action: Approve the sewer latecomer agreement with Sundance Development Company and authorize the Mayor to sign and City Clerk to attest Thank you. Please contact me if you have any questions regarding these items. ~ . Page 3 SEWER LINE LATE COMERS AGREEMENT FIVE MILE TRUNK SEWER EXTENSION (aka 1-84 CROSSING) G. L. VOIGT DEVELOPMENT CO. This Agreement made and entered into this _ day of 2002, by and between G. L. VOIGT DEVELOPMENT CO., an Idaho Corporation, hereafter referred to as "Developer", and the CITY OF MERIDIAN, hereafter referred to as "City" WIT N E SSE T H: WHEREAS, the City limits extend south of Victory Road, but prior to this Agreement and the construction referred to herein, such area was not provided sewer service by the City; and VlHEREAS, the Developer constructed a sewer line from an existing sewer line to an area north and south of Victory Road and east and west of Eagle Road, as shown in "Exhibit A", which sewer line is able to provide service to land north and south of Victory Road to the land shown in Exhibit "A" which is attached hereto and by this reference incorporated as if set forth in full; that the Total Service Area is approximately 1146.31 acres which, if developed under the land use density projections shown on Exhibit "B", which is attached hereto and by this reference incorporated herein as if set forth in full, with land use densities shown on Exhibit "B", there could be 2127 equivalent residential units (ERU) in the 1146.31 acres; that the Developers subdivision(s) consists of 241 ERU; that on the land not included in the Developer's subdivision, there could be 1886 ERU; and SEWER LINE LATE COMERS AGREEMENT Page 1 of6 WHEREAS, the sewer line constructed by the Developer will benefit land other than only the land developed by Developer; that the land that can be served by the said sewer line is shown in Exhibit "A"; that the developable land that can be served by the sewer line could contain 2127 ERU's; that the existing developed areas that eventually connect to the sewer line serviced by the City will be subject to the latecomer fees described herein; that 47% of the land not included in the Developer's subdivision would be developed in ten years, the term that a late comers Agreement is allowed to run, and WHEREAS, the total cost of constructing the said sewer line borne by the Developer was $284,730.00; whereas the sewer line will benefit the Developer's Subdivision(s) which could contain 241 ERU's, or 11.3% of the total area to be benefited by the construction of the sewer line; therefore the cost to Developer to construct the sewer line to his own subdivision(s) would be $32,261.37; that by subtracting this amount as the total Developer's cost share, the total cost to all late comers is $252,468.63; and then dividing by 47% of the remaining number of ERU's that could be served by the sewer line; and then adding 10% for City Administration Cost, there should be a late comers fee of$313.71, plus interest, per ERU as shown in Exhibit "C"; and WHEREAS, Section 9-4-19 of the Sewer Ordinance provides that the City may enter into sewer line extension and reimbursement agreements and that section further provides that sewer users who subsequently connect to the extended sewer line(s) shall be charged an eight (8) inch diameter sewer line equivalency fee; said fees are in addition to the connection and user charges normally assessed a user due to the fact the user has not contributed to the cost of the extended line; the above fee is hereafter referred to as "Late Comer Fee"; the above ordinance section provides SEWER LINE LATE COMERS AGREEMENT Page 2 of6 that the late comers fee may be used to reimburse the person or persons so extending the sewer line(s). WHEREAS, pursuant to Section 9-4-18 of the Sewer Ordinance, the City is required to charge a Sewer Construction Equivalency Fee to any person or property owner who has not otherwise paid for, or contributed proportionately toward the costs and expenses of constructing a sewer line, whether that construction has been performed by the City, a local improvement district or a private entity, or combination thereof, and who subsequently desires to connect to the City sewer system, shall be required to pay an additional connection charge which shall be known and referred to as the "Sewer Construction Equivalency Fee". NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: 1. The above recitals are contractual and are incorporated herein as if set forth in fulL 2. That the Developer has paid for engineering, planning and construction of the sewer line shown in Exhibit "An, and which will benefit the land also shown in Exhibit "A". 3. The Developer has contributed $284,730.00 to total construction costs of the said sewer line, of which Developer is entitled to be reimbursed the sum of $252,468.63 plus interest, which represents land that could be served by the sewer line but is not included in Developer's subdivision. 4. That for all land in Exhibit "A" subsequently connecting to the sewer line referred to in Exhibit "N', except the land in Developer's Subdivision(s), the City will charge the sum of $313.71 plus interest, per ERU as shown in Exhibit "e"; such users shall hereafter be referred to as "LATE COMERS"; that the charge is the sewer construction equivalency fee authorized in 9-1-12 and established by this Agreement, which fee shall herein be referred to as "LATE COMERSu SEWER LINE LATE COMERS AGREEMENT Page 3 of6 FEE"; the fee is in addition to any other sewer charges for connection to the sewer system; the computation of the Late Comers Fee is shown on Exhibit "C" attached hereto and by this reference incorporated herein. 5. That all the late comer fees assessed above in Paragraph 4 shall be set aside and deposited to a special account to be designated the "FIVE MILE TRUNK SEWER EXTENSION PROJECT REIMBURSEMENT ACCOUNT" and shall reflect interest at a rate of 4% to be accrued on the unpaid balance once a year at the City's Fiscal Year End (9/30) each year for the term of the agreement, and shall be distributed quarterly to the Developer. 6. That the late comer fees assessed, which will go into the FIVE MILE TRUNK SEWER EXTENSION PROJECT REIMBURSEMENT ACCOUNT, shall increase at a rate of 4% per annum as shown in Table I of Exhibit "C". 7. That the late comer fees shall be collected by the City from all users subsequently connecting to the sewer line shown in Exhibit "A" for the land also shown in Exhibit "Alt, except the land in Developer's Subdivision. 8. That the City shall charge the FIVE MILE TRUNK SEWER EXTENSION PROJECT REIMBURSEMENT ACCOUNT the 10% fee as authorized under 9-1-13. 9. That the City shall have prepared on an annual basis an audit of all funds collected pursuant to this Agreement, which audit shall coincide with the general audit of the City; that the cost of this audit shall be paid by the City as part of its administrative costs. 10. It is agreed that the sewer line(s) referenced in Exhibit "A" is the property of the City and shall henceforth be maintained by the City at its sole cost and expense. 11 The term of this Agreement shall be until Developer has been reimbursed the SEWER LINE LATE COMERS AGREEMENT Page 4 of6 principal sum of $252,468.63, plus interest, as determined in Paragraph 6 or, if this is not achieved, for a period often (10) years or, until such time the sewer line described herein is abandoned. If the Developer has not been reimbursed the principal sum plus interest less administrative fees after ten (10) years from the date of this Agreement, the Agreement may be renewed by mutual Agreement of the City and the Developer, at such time as the City ordinance allows for extension of a ten year time frame. If the City does not amend this ordinance, then this agreement shall have a ten year life span. 12. This Agreement shall be binding on the assigns and successors ofthe parties hereto. DATED this _ day of ,2002. BY: CITY OF MERIDIAN ROBERT D. CORRIE, MAYOR ATTEST: WILLIAM G. BERG, JR., CITY CLERK Approved By City Council: SEWER LINE LATE COMERS AGREEMENT Page 5 of6 G. L. VOIGT DEVELOPMENT CO. (corporate seal) By ~~ ('{'ARY OIGT, Pr dent STATE OF IDAHO,) : ss. County of Ada, ) On this _ day of , 2002, 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. SEAL NOTARY PUBLIC FOR IDAHO RESIDING AT MY COI\1MISSION EXPIRES STATE OF IDAHO,) ss. County of A&f, 13Cl/JAJ"Y- J'/C-cL On this3~) -~ay of i.~ 1- , 2002, before me, the undersigned, a Notary Public in and for said State, personally J.}{pear6d GARY VOIGT, known to me to be the President of G. L. VOIGT DEVELOPMENT CO., and who executed the within instrument on behalf of said corporation, and acknowledged to me that said corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. n?a?U~/ 4. dQtt.~ NOTARY PUBLIC FOR IDAHO RESIDING AT /D IJ 1/.0 ~ LL.~ if) MY COMMISSION EXPIRES //-/ rf- --0 y .,...~.,,,,""'''~.'+- "'..;,.-. ';:'';.:"O\p.. A. 6.'.... s,.~rK'~\ w......." ~<j/r'~ ~... ~.~#'. /+. , /. ~.' " () '. f, Q.!~OI AA y..... " ~ . . ' fj : ..--.-- : 'J. v' 'I. ~ Pus\..' i (/.. ~ II _ n .... ..... .,.c:::' -' \~ U"/' ...I.....~.'''(''\ ~... ~ ,\\4 rE 0 r '':>'' sE;E'R't1NE LATE COMERS AGREEMENT Page 6 of6 G.t Voigt latecomer's Agre~ ~ent Exhibit "A" p~ ~f-Lr~~_ = ~ _I--~ ~w Iw V~\:{ it L- r'- !~--? -~\CY~i ~ -r /\ --y / I r- ~L- >,. '. ,:,' ',',", .' .......... , ',..:e' ,'.,' ~ I";' .:,/./ '.;"",/ ~ .,' ':."o'i-_ I"""";'; """"'/': ".',:..." _ .' 1 1-84 fJB ,,]IT r / TTll'\l - ,~ ~~ - :~- ~ I//~-t_ '--I I,-~ T jilT - :=f- lJ\iS- ~:J.J' r [ I 111= 1L- b ~ .C, ,', t:: ',,",'.':".: ~ T "..',. .< \ 0.': ':.\ ',,',' ,'....'. 11 ,"0'" ""'/'0.""';'.':'11;'..:/./ '.'.'.' \1.:" ':,',' ~ .,;""."",ii 1" ",' -- ;;J :Xi ',.,' 0,' '. "'<< )., r;.LJ ----1 c ~ ~ 3 ~ ~ 1,-- J) ~ ) ~ .Ll..( JY-1,J \R'1::1j IT'! ~[\ f-'- I- ~ I'~ ""- =: j:::;~ - I:::: '-' ~01::::1-1 ~~ \- {.- '1 ....~ ~ ti--, ~ I )~ \ ~ ::u. " ~~ f--- _ ~ Latecomer's Area ~I Y ~ 1~ ~ - "',,,".".' ..' ..; ,:.,....'..',:.". . ,'.....;, ...... Developer's Area '--= 1\ "' " L- ( =~ - ~ -~~ \ I N W*E s LJ o I 1500 3000 4500 Feet I ~ I 11\ "\lllllY n.vc lY I EXHIBIT "BN Page 1 of 4 FIVE MILE TRUNK SEWER EXTENSION (aka 1-84 CROSSING~ ERU & Flow Calculations Single Family Dwelling 250 gpd Avg. SFD density 2.8 DUfacre (equates to ERU's1Acrn) Per acre flow for SFR 700 gpdfacre ModeJ Flow ERU's gpdfacre per acre Commercial - mostly offlce 200 0.29 Commercial - mixed use 500 0,71 Commercial - retail/restaurant 800 1.14 Develope(s BeneftI: Area (incl. partnefs) from GL Voigt submittal ERU's Projected Acf~e land Use per acre ERU's Voigt, Groves, Bass incl. school property 90. School Site 55.004 75 Resolution 35.45 MU 0.71 25 KENAI (Groves, Bass, Johnson) 40.027 MU 0.71 29 Van Auker 35.311 MU 0.71 25 HOW'IliI 27.761 MU 0.71 20 Peck 5.87 MU 0.71 4 199.423 176 Parcels from Ada County GIS Mapping Developers Benefit Area ERU's Projected land Use per acre ERU's S 1120244300 MERIDIAN JOINT SCHOOL DIS 1 NO 2 55.00 actual: 75 81117346600 HOWELL WILLARD W & ANGELA R 27.44 MU 1.14 31 81120212415 RESOLUTION BUSINESS PARK LLC 22.07 MU 1. 14 25 81117438625 VAN AUKER RONALD W 19.14 MU 1.14 22 Sl117438450 VAN AUKER RONALD W 16.17 MU 114 18 81120223150 8 M C PROPERTIES LLC 14.74 MU 1.14 17 81120131315 COULTER KENNETH D & CONNIE 12.30 MU 1.14 14 81120121000 KENAI PARTNER8 LLC 1001 MU 1.14 11 81120120910 COUL TER KENNETH 0 & CONNIE 9.91 MU 1.14 11 S1120131400 KENAIPARTNERSLLC 7.81 MU 1 14 9 81117346610 HOWELL WILLARD W & ANGELA R 587 MU 1 14 7 81120120800 VAN AUKER RONALD W 1.00 MU 1 14 1 8111 7346660 HOWELL WILLARD W & ANGELA R 0,32 MU 1.14 0 201. 79 241 latecomer Area ERU's Projected Parcel OWner Acr;;r, land Use per acre ERU's 51120141905 GRIFFIN JAMES F MU 114 95 81121110552' BIENAPFL FAMILY LIMITED PARTNERSHIP 75.24 MU 1.14 B6 S1121212485 KEPUS CHRISTOPHER J & KATHLEEN 01.73 MU 1.14 77 51121223285 SUNDANCE INVESTMENTS LIMITED PARTNERSHIP 58.59 MU 1 14 fJ7 51116325510 IDAHO ELKS REHAB HOSPITAl INC 52.62 MU 1 14 60 S 1120120630 VAN AUKER RONAlD W 32.90 MU 1 14 38 S1121336565 GREAT SKY mc 26.50 MU 114 32 51121325426 SUTHERLAND FARM INC 27.09 RES 2.8 76 S1121427950 SUTHERlAND FARM INC 26.28 RES 2.8 74 81121314875 SUTHERLAND FARM ENC 21,52 RES 2.8 60 S1121223278 SUNDANCE INVESTMENTS LIMITED PARTNERSHIP 19.42 MU 1,14 22 S1121325852 SUTHERLAND FARM ENC 15.51 RES 2.8 43 51121120650 BIENAPFL WILLIAM P & SUSAN MARIE 11.92 RES 2.6 33 S1116336205 RACKHAM L L C 10.91 RES 2.8 31 R7100270100 CONTRACTORS EQUIP SUPL Y CO INC 10.37 RES 2.6 29 S 1128427855 MILLER RONAlD J & DEBBIE 10.15 RES 2.8 26 51117449560 TERTELlNG COMPANY ENC 9.90 RES 2.8 28 S1121212550 KEPU8 CHRISTOPHER J & KATHLEEN B.n RES 2.8 27 S1128131500 HENDRIKSEN DONALD G 9.42 RES 2.8 26 S1116336510 SPOFFORD CONNIE L & HARTMAN PHILIP W 9.40 RES 2.8 26 51116428010 PETERSON ALAN V 8.79 RES 2,8 25 S1121325860 SHAN NONS FINE FOODS & SPIRITS 6.34 RES 2.8 18 51128428210 KJNGSlEY MICHAEL T & MARLEEN M 6.01 RES 2.8 17 R1078420050 JOHNSON DANIEL H 5.75 RES 2.6 16 R1076420010 CHRISTIANSEN RICHARD 5.69 RES 2.8 16 R3193200000 BARCLAY DAVID J & SUE H 5.43 RES 2.8 15 R1078420030 LAVIGNE DAVID A & VAlERIE 5.41 RES 2.8 15 R 1078420040 BECKER LESA L & ROBERT J 5.40 RES 2.8 15 R1078420020 JOHNSON DAVID R & THACKER DEBBIE 5.26 RES 2.8 15 51121336300 CARPENTER ROBERT S & NEDRA J 5.11 RES 2.6 14 R1078420060 FIVr;:COAT BILL & MARYANN 5.05 RES 2.8 14 1 of 4 FIVe Mile Trunk Ext_Voight Costs.7-22-02a ERU Cales EXHIBIT "B" Page 2 of 4 ERU's Projected Parcel Owner Acreage Land Use per acre ERU's R107842oo70 ROBERTSON TRACY J & SHELUE M 5.05 RES 2.8 14 R3193200025 REINKE REVOCABLE FAMILY TRUST 5.01 RES 2.8 14 S1121348850 SASSER GALE M & SHERRY K 5.00 RES 2.8 14 S1121336840 LYON JULIE 0 5.00 RES 2.8 14 81121336100 MCKIBBIN DENNIS P & DEBRA J 4.90 RES 2.8 14 81121346802 CRON JAMES J & CORRINE M 4.80 RES 2.8 13 R3193200200 FELLOWS LINDON M & JANET J 4.62 RES 2.8 13 S1116336152 RACK HAM LAWRENCE H & J'DEANNE F TRUST 4.44 RES 2.8 12 S1121325521 HILL WAY INC 4.40 RES 2.8 12 R3193200175 MONCARR ERNEST LEE JR & SANDY L 4.40 RES 2.8 12 S1116438900 STEFFENS JOSEPH LAWRENCE & ROSE LEE 4.21 RES 2.8 12 S1116336262 RACKHAM L L C 4.19 RES 2.8 12 Rl071520081 . WANNER WALTER R & SAUNDRA L 4.07 RES 2.8 11 S 1120244600 MERIDIAN CITY 4.02 RES 2.8 11 S1128212590 JOHNS LESTER P & BARBARA M TRUST 3.86 RES 2.8 11 R3193200250 ALLEN PHILIP L & LAURIE C 3.74 RES 2.8 10 S1128131270 KEMPTHORNE ROY M & NANCY J 3.57 RES 2.8 10 R3193200225 WHALEY MARK 0 & SHARON A 3.53 RES 2.8 10 Sl121336500 CARPENTER ROBERT S & NEDRA J 3.43 RES 2.8 10 R7333000140 BURKES DON L& THERESA A 3.02 RES 2.8 8 S1121325826 PAPENFUSS HERBERT D & KATHLEEN P 3.01 RES 2.8 8 S1120120700 VAN AUKER RONALD W 2.98 RES 2.8 8 R73330001 00 HACKBORN R A & S S LVNG TRST 2.94 RES 2.8 8 R7333000240 PRESSMAN SCOTT H & BEVERLY K 2.93 RES 2.8 8 S1121336225 THOMASON MARTY & LEETA 2.91 RES 2.8 8 Sl121346900 ROWE GREGG R & LEAH M 2.89 RES 2.8 8 S1121347165 HOLTRY BERYL E & PATRICIA A 2.85 RES 2.8 8 Sl121347155 KNAPP GRANT RUSSELL 2.85 RES 2.8 8 S1128212635 STARN MARGARET S 2.73 RES 2.8 8 Rl071520012 BRUNELLE NICHOLAS J & LAURIE J 2.73 RES 2.8 8 R7333000180 TURNER REX E & JOSIE 2.69 RES 2.8 8 R4626240722 DE BOER JAN & ROSEMARIE 2.66 RES 2.8 7 R7555000120 HILLMAN BOB R & MARTHA A 2.43 RES 2.8 7 51121347010 SMITH ROY B & LORI REA 2.38 RES 2.8 7 R0330nOO10 FARNLUND DOUGLAS & EVA 2.25 RES 2.8 6 R4626240075 STEAR DAVID & REVA 2.15 RES 2.8 6 R7333000340' RUEB JOHN J & ARLENE M 2.14 RES 2.8 6 R7555000160 JAMISON JOHN E & THERESE J 2.08 RES 2.8 6 R6744800162 ADAMS WILLIAM B & IRENE F 2.02 RES 2.8 6 R7333000040 DEANGELIS JOSEPH W & ANNETTE F 2.02 RES 2.8 6 R7333000120 PARADIS DANIEL L & KATHLEEN J 2.00 RES 2.8 6 R7555000100 TURNBOUGH DAVID M & DONNA L 2,00 RES 2.8 6 S1128212550 HERRON THOMAS P & FREDA KATHLEEN 2.00 RES 2.8 6 R8461500300 GEAR HEARD KARLA J & WADE A 2.00 RES 2.8 6 R8481500400 MORGAN ALBERT H & CHERYL A 2.00 RES 2.8 6 R8461500200 COBB JOE DELANO & ROBERTAJ 1.99 RES 2.8 6 R7333000060 HUDDLESTON JOHN R & PAMELA A 1.98 RES 2.8 6 S1121314975 SUTHERLAND FARM INC 1.96 RES 2.8 5 R7333000280 WATSON ROBERT E & BARBARA D 1.95 RES 2.8 5 R7333000260 ROUNDY E SPREGG & JOYCE 1.93 RES 2.8 5 R7555000010 BOYACK RICHARD 0 & KIMBERLY I 1.89 RES 2.8 5 R7333000220 THOMAS RONALD G & JAMIE A 1.88 RES 2.8 5 R6744800055 HUTT DONALD 0 & KARYN MARIE 1.86 RES 2.8 5 S1128212400 BOWLER WILLIAM T & ANNIE 0 1.86 RES 2.8 5 R7555OOO151 SPENCER CHRISTOPHER G & REED-SPENCER FREDA A 1.85 RES 2.8 5 R7333000200 MCCOY EVELYN 1.79 RES 2.8 5 S1121336275 SHARP JOHN W & JUANITA D 1.78 RES 2.8 5 Sl116336452 TIBBETTS JERRY L & CAMILE A 1.76 RES 2.8 5 R7333000020. KRUEGER ROBERT E 1.76 RES 2.8 5 R7555000240 NELSON ROBERT A & KAREN L 1.76 RES 2.8 5 R7333000160 KRUEGER ROBERT E 1.71 RES 2.8 5 R7333000060 GILLETTE GARY LYNN & JEWELDEAN 1.70 RES 2.8 5 S 1116336402 COLUMBIA INVESTMENT LLC 1.67 RES 2.8 5 R4626240615 FISHER JOHN R 1.67 RES 2.8 5 R7333000300' BALDRIDGE THOMAS A & ALICE J 1.63 RES 2.8 5 R6744800182 BARTON LEWIS E & MARY ANN 1.63 RES 2.8 5 R4626240410 MAC DONALD DONNA & HEY DAVID 1.61 RES 2.8 5 R7555000200 WISDOM ADELLE J & OONALD S 1.60 RES 2.8 4 R7555000210 DOlAN BONNIE J 1.58 RES 2.8 4 R0330nOO5O GRATIOT RICHARD F JR 1.56 RES 2.8 4 R0330nOO4O ROSCHECK RICHARD E & MARLENE 1.56 RES 2.8 4 R0330nOO20 ELLIOTT JOHN C 1.56 RES 2.8 4 R0330nOO30 ROSCHECK RICHAD E & MARLENE 1.56 RES 2.8 4 R7555000140 DAVIS KARL LYNN & BARBARA LOUISE 1,51 RES 2.8 4 S1121336200 THOMASON MARTY Y & LEETA G 1.50 RES 2.8 4 Slll6336420 COLUMBIA INVESTMENTS LLC 1_45 RES 2.8 4 R7333000320. BALDRIDGE THOMAS A & ALICE J 1.42 RES 2.8 4 20f4 Five Mlfe Trunk Ext_Volght Costs.7-22-()2a ERU Cafes ( \., EXHIBIT "B" Page 3 of 4 ERU's Projected Parcel OWner Acreage Land Use per acre ERU's R7555000130 COURSEY BELFORD T & DEBORAH A 1.40 RES 2.8 4 R7555000230 BELL STEVEN C & HAYNES PAMELA 1.31 RES 2.8 4 R7555000220 SCRIVNER ELVIN L & DIXIE 1.31 RES 2.8 4 Rl071520082 PETSCHE TIM & USA 1.30 RES 2.8 4 R75S5000031 MARTIN DUANE E & VICKI R 1.29 RES 2.8 4 R7555000280 DANSEREAU LEON W & FLORENCE M 1.27 RES 2.8 4 R7555000270 DANSEREAU LEON W & FLORENCE M 1.20 RES 2.8 3 R7555000190 EASTMAN ALICIA B 1.20 RES 2.8 3 R7555000050 PAYTON USA G & JEFFREY G 1.19 RES 2.8 3 R7555000180 UPSHAW WAYNE S & MARTHAJ 1.16 RES 2.8 3 R7555000021 RHEES STANLEY 1.15 RES 2.8 3 R8461500100 GIBBONS MELVIN M & L ARLENE 1.13 RES 2.8 3 R4626240125 LEDBETTER RANDALL D & TERESA A 1.13 RES 2.8 3 S1121336250 BAUGHMAN ARLfS DANIEL & DARLENE H 1.13 RES 2.8 3 R7555000171 UPSHAW WAYNE S & MARTHA J 1.12 RES 2.8 3 S1121427830 W & S INVESTMENTS INC 1.09 RES 2.8 3 R7555000070 BERTHELSON LARENE 1.09 RES 2.8 3 R4626240425 COLSON GLEN 0 JR 1.08 RES 2,8 3 R7555000090 WATTLES GARY M & JEANETTE E 1.08 RES 2.8 3 R7555000080 DAY BRUCE C & CARROL M 1.08 RES 2.8 3 R4626240300 NIELSEN TODD C 1.06 RES 2.8 3 R7555000060 BERTH ELSON LERENE 1.04 RES 2.8 3 Rl071520030 BRENDER SUSAN I 1.02 RES 2.8 3 R1071520060 WOKERSIEN VIRGINIA N & KENT J 1.02 RES 2.8 3 Rl071520040 MONTGOMERY FRANCES E & WILLIAM C 1.01 RES 2.8 3 Rl071520071 PETSCHE TIM & LISA 1.01 RES 2.8 3 R6744800170 GREEN ROBERT W & ELIZABETH A 1.01 RES 2.8 3 Rl071520050 SICKINGER ROBERT T & RAMIREZ IRENE 1.01 RES 2.8 3 R1071520024 LARSON GERALD A & SUSAN L 1.00 RES 2.8 3 S1121347125 MURDOCK RICHARD 0 & TRINA A 1.00 RES 2.8 3 R6744800030 KELLER LANCE 1.00 RES 2.8 3 S1128131300 KEMPTHORNE ROY M & NANCY J 1.00 RES 2.8 3 R6744800020 BEITZ LEONARD F & NANCY H 1.00 RES 2.8 3 R4626240150 KELLY RONALD lEE 1.00 RES 2.8 3 R4626240085 STEAR DAVID J & REVA M 1.00 RES 2.8 3 R6744800040 KELLER LANCE H 0.99 SFD 1 R4626240385 KORN GREGORY A & CONNIE J 0.99 SFD 1 R7555000041 HUBBS RICHARD J 0.99 SFD 1 R4626240600 PRATHER DAWN 0.98 SFD 1 R4626240175 FONTAINE RODNEY J 0.97 SFD 1 R4626240325 GRIFFIN JOHN MICHAEL & JANICE 0.97 SFD 1 R4626240050 ATWOOD DARRELL J & CINDI 0.96 SFD 1 R4626240100 FULTON GARY R & DEBORAH K 0.96 SFD 1 R4626240275 HALE WESLEY 0 0.96 SFO 1 R7555000255 ROGERS JAMES L & PAMELA A TRUST 0.95 SFO 1 R46262403SO FULTON DAVID G & SHIRLEY J 0.93 SFD 1 R4626240225 HOLADAY RAY H & CAROL R 0.93 SFD 1 R4626240200 STEWART ROBERT N & COUCHER PATRICIA E 0.93 8FD 1 R46262402SO BYRD MAX STEVE 0.93 8FD 1 R7555000155 CORNELL IDA M 0.93 SFD 1 81121336050 MCKIBBIN DENNIS P & DEBRA J 0.93 SFD 1 S1121336175 THOMASON MARTY Y & LEETA G 0.92 SFO 1 R7555000265 MURPHY BELlNOAA 0.92 SFD 1 R4626240450 HARRIS DAVID G & RHONDA R 0.92 SFO 1 R4626240025 RACKHAM LAWRENCE H & J'DEANNE F TRUST 0.92 SFO 1 R4626240SSO BIEHL KENNETH R & KATHY J 0.92 SFO 1 R4626240525 COX DAIL ROBERT JR & SHIELA F 0.92 8FO 1 R4626240500 THOMAS EDWARD J & JANELLE B 0.92 SFD 1 R4626240475 TAYLOR ROBERT N & LAURA B 0.92 SFD 1 R4626240000 KELLER RAY N 0.92 SFD 1 R4626240575 RANTALA GREG A & TERISA A 0.92 SFD 1 R0330770055 MORALES KRISTI CARROL 0.91 SFO 1 R4626240675 GALLAGHER ROBERT J & ANITA L 0.91 SFO 1 R46262406S0 LAURSEN JAMES W & KARMEL A 0.91 SFO 1 R4626240625 HUCKE DONALD W & ROBERTA J 0.90 SFO 1 R4626240700 FEHRINGER BilL J & NANCY K 0.90 SFO 1 51116347190 ROE SANDRA J 0.88 SFD 1 81121325875 HILL WAY INC 0.85 SFO 1 R7555000261 STOCKDALE RICK ALAN 0.85 SFO 1 R0330770060 GRATIOT RICHARD F JR 0.84 SFO 1 S1128212450 GRAVES LARRY VAN & TERRY SUE 0.81 8FO 1 R7555000251 SPARKS HERMIS E & CHARLOTTE A 0.81 SFD 1 R6744800008 FAZENBAKER GARY L & OEBRA G 0.79 SFD 1 51121347026 CARLETON JOE R & TRACEY L 0.74 SFD 1 51128438410 PARKIN BENJAMIN G & SHANOY M 0.74 SFD 1 R7555000025 HUBBS RICHARD J 0.74 5FO 1 S1121325775 HILL'WAY INC 0.61 SFO 1 3 of 4 Five Mile Trunk Ext_Volght Costs,7-22..Q2a ERU Cales EXHIBIT "B" Page 4 of 4 ERU's Projected Parcel Owner Acreage Land Use per acre ERU's S1117449302 SWEET JAMES EDWARD JR & JOY 0.60 SFD 1 R5a877oo190 COULSON LEE R & HEIDI ANN 0.58 SFD 1 R588771 0450 KNOLL HARVEY & LYNDA 0,52 SFD 1 R58877oo180 BOWER DEAN A & PHILLIS I 0,51 SFD 1 R5a87710410 W & S INVESTMENTS INC 0.46 SFD 1 R6744800192 SWEET JAMES E JR & JOY L 0.43 SFD 1 R5887710020 PARKWAYNE R&CAROLA 0.42 SFD 1 R4626240390 KORN GREGORY A & CONNIE J 0.41 SFD 1 R5887700170 W & S INVESTMENTS INC 0.39 SFD 1 R588771 0390 BK BUILDERS LLC 0.39 SFD 1 R5887700200 W & S INVESTMENTS INC 0.38 SFD 1 R4626240375 KORN GREGORY A& CONNIE J 0.38 SFD 1 R588771 0420 GRAY BUl.KE W 0,38 SFD 1 R5887700320 TAYLOR R DANIEL & ANGIE f 0.37 Sf 0 1 R588771 0070 ROBERTS RHODONNA& JOSEPH W 0.37 SFD 1 R5a8771 001 0 FOISY LEANNE & PHILLIPS JEFF 0.37 SFD 1 R588771 0400 SVOBODA LEE P & FRANK JANICE M 0.35 SFD 1 R588771 0440 WEST JOHN W & CAROLE 0.35 Sf 0 1 R5a8771 0430 HOBBS Ul.RRY K & VICKI 0.35 SFD 1 R588771 0060 LEWIS WILLIAM H & JUDY 0.34 SFD 1 R58877oo220 BERNASCONI JOHN L & MISTE R 0.31 SFD 1 R588771 0030 JARED ENTERPRISES INC 0.31 SFD 1 R5a8771 0050 NEWSOM TERRY W & STEVENSON.NEWSOM CYNTHIA L 0.31 SFD 1 R5a87700210 DEVEREAUX KEVIN & JILL 0.30 SFD 1 R5a87700330 BRIGHTON CORPORATION 0,29 SFD 1 S1128131350 KEMPTHORNE ROY M & NANCY J 0.29 8FD 1 R588771 0040 BROWN SCOTT L 0.27 SFD 1 Sl121347023 MURDOCK RICHARD D & TRINA A 0.27 SFD 1 R1071520072 BAUMBACK DONALD F & PATRICIA 8 0.22 SFD 1 81121336475 CARPENTER ROBERT S & NEDRA J 0.17 SFD 1 S1128212465 GRAVES LARRY VAN & TERRY SUE 0.16 SFD 1 . Denotes portion of parcel within latecomer's area Subtotal: 944.52 1886 Nole: Any parcel less than 1.0 acre not considered for redevefopment and assigned 1 ERU Developer's Group Only: 201.79 Ac 241.00 T otaf Net Benefit Area One!. developer's area): 1146.31 Ae 2127 Area ERU Basis Basis Percentage Developer's: 17.60% 11.33% Percentage Latecomer's: 82.40% 88.67% Acres ERU's Consider smaller parcels/lots will not <: 3aeres 201.26 21.3% 503.00 23.6% develop at urban density or commercial in <4 acres 225.41 23.9% 570.00 26.8% next ten years <5 acres 269.45 28.5% 692.00 32.5% Non-Contributing Area S1121212480 ADA COUNTY HIGHWAY DISTRICT 2.89 S1117449310 OVERLAND WAY HOA INC 0.08 R6744800012 OVER Ul.N D WAY HOA INC 0.03 Subtotal: 3.00 TOTAL 1149.31 acres Gross Area: 1189 acres Net/Gross: 96.41% 40f4 Five Mile Trunk Ext_Volght C05ts.7-22-D2a ERU Cales ( "EXIllBIT C" FIVE MILE TRUNK SEWER EXTENSION (aka 1-84 CROSSING) BY G.L. VOIGT SEWER LINE LATE COMERS' AGREEMENT FEE COMPUTATIONS ERU DETERMINATION: Total Service Area = 1146.31 Gross Acres TOTAL SERVICE AREA PROJECTED ERUs: I 2127 %OF TOTAL 100.01 DEVELOPER'S PROJECTED ERUs: I 241 %OF TOTAL 11.31 LATE COMER'S PROJECTED ERUs: I FEE COMPUTATION: 1886 %OF TOTAL 88.71 DEVELOPER'S CONTRlBUI10N: $ 284,730.00 Verified from Billings PORTION ATTRIBUTABLE TO DEVELOPER'S SUBDIVISION: 11.3% x $284,730.00 = $32,261.37 PORTION OF DEVELOPER'S CONTRlBUI10N ELIGIBLE FOR REIMBURSEMENT: Total Service Area (100%) ~ Developer's Percentage = Percentage Eligible = 88.7% 88.7% X $ 284,730.00 = $252,468.63 LATE COMER FORMULA: (Eligible Reimbursement/Late Comer's Service Area = Late Comer Fee per ERU) $ 252,468.63 = $133.86 1886.00 REIMBURSEMENT BASIS: Assume payback period of ten years and a development percentage of 47% within the Late Comer area over that ten years. The Adjusted Late Comer fee per ERU = $133.86 47% $285.19 Page 1 Five Mile Trunk Ext_ Voight Costs.7-22-02 ADMINISTRATIVE FEE: An administrative fee will be added to the latecomer fee to cover costs 10% Latecomer Fee wI City Administration Cost: $285.19 x 10% $313.71 REIMBURSEMENT SCHEDULE: The Developer paid the costs of installing the sewer line. The Late Comer fee paid by each parcel, or portion thereof, who connects to the subject sewer line will be paid per the above agreement The fees assessed to each latecomer shall be adjusted annually on October 1st, at an annual percentage rate of 4% The latecomer fees shall be: Effective Date Latecomer Fee per ERU October 1, 2000 $313.71 October 1, 2001 $ 326.26 October 1, 2002 $ 339.31 October 1, 2003 $ 352.88 October 1, 2004 $ 366.99 October 1, 2005 $ 381.67 October 1, 2006 $ 396.94 October I, 2007 $ 412.82 October 1, 2008 $ 429.33 October 1,2010 $ 446.51 Table I City Council authorized preparation of Latecomer Agreement on October 19, 1999 (I.e. FY 2000) Page 2 Five Mile Trunk Ext_Voight Costs.7-22-02 August 2, 2002 Department Reports MERIDIAN CITY COUNCIL MEETING August 6, 2002 APPLICANT Public Works Department -- Brad Watson ITEM NO. 4-2-13 REQUEST Five Mile Sewer Trunk Extension Latecomer Agreement -- Sundance Development Company (Silverstone): 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 .-{)~ b0 %/~11 i~ Contacted: Date: Phone: Materials presented at pUblic meetings shall become property of the City of Meridian. City of Meridian Public Works Dept. Memo RECEIVED To: Mayor Collie & City co~ ttJ From: Brad Watson, P.E. O~ CC: File, Gary Smith, PE, City Clerk Date: 8/1/2002 Re: Proposed Agenda Items for August 6 City Council Meeting ~.." r I 2002 I- .V""; '" CITY OF MERIDIAN CITY r! I=PK n~l=rrF: The Public Works Department respectfully requests that the following items be placed on the August 6 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Award of Contract, 2002 Sewer Cleanina Proiect. See memo to me from Len Grady dated 8/1/02. 2) Award of Contract. Asphalt Pavement Improvements at WWfP. See memo to me from Len Grady dated 8/1/02. 3) Addendum NO.1 to Aareement for Professional Services - White Drain Sewer Trunk Proiect, Keller Associates. Keller Associates, our consultant for this project, is requesting an addendum to their agreement As explained in the Project Cost Summary prepared by Donn Camahan and as you well know, this project has been challenging in tenns of easement acquisition, coordination with property owners and establishing a final alignment We have continually cooperated with the developers along the route and even today continue to make adjustments to the design at their request This coordination and cooperation has required much more effort from Keller Associates (as well as staff) than was in the original agreement approved by Council in December of 1999. Attached is a copy of Keller Associates' request along with a spreadsheet detailing the proposed changes to the agreement The original agreement amount was $136,892.80 which did not include record drawing preparation (it was included as an optional task but not authorized at the time the agreement was approved). The total requested agreement revision amount is $60,353.95, on a time & material basis, for a new agreement total of From the desk. of... Brad Watsoo.P.E. city Engineer Meridian Public Works DepaI1nrm 660 E. Watatowa Lane, Suite 200 Meridian, Idaho 83642 (208) &98-'500 Fax: (208) 887-1297 watsonb@meridiancity.org . Page 1 $197,246.75 (approximately 20% of the construction cost total). Public Works Department agrees that this project has required much more time and effort than originally believed when the project began. Recommended Council Action: approve the addendum to the agreement with Keller Associates for the White Drain Sewer Project on a time and material based amount of $60,353.95. 4) UV Disinfection. Grit Basin & Outfall Proiect- Tertiary Filter Bypass Pipeline Chanoe Order. See memo from to me from Len Grady dated 8/1/02. 5) South SloUQh Sewer - Dixie Roberts Easement. Attached is a copy of new pennanent and temporary construction sewer easements signed by Ms. Roberts. No compensation is associated with this easement Recommended Council Action: Accept the permanent and temporary construction sewer easements from Dixie Roberts and associated conditions, and authorize the Mayor to sign and City Clerk to attest. 6) South Slouah Sewer - Alleman Easement. Attached is a copy of new pennanent and temporary construction sewer easements signed by Vem Alleman. Also included is a copy of Gary Smith's letter to Mr. Alleman and a side agreement regarding annexation. Recommended Council Action: Accept the permanent and temporary construction sewer easements from Vem and Angelina Alleman, the side agreement with Vem and Angelina Alleman and authorize the Mayor to sign and City Clerk to attest. 7) Snortino Bull Subdivision Off-Site Water & Sewer Easement - Paul and Mamaret Loree. Attached is a copy of a pennanent water and sewer easement signed by Mr and Mrs. Loree. No compensation is associated with this easement. Recommended Council Action: Accept the permanent and temporary construction sewer easements from Paul and Mararet Loree, and authorize the Mayor to sign and City Clerk to attest. We request that the following items be placed on the August 6 City Council agenda, under Public Works Department Reports, for Council's consideration: 1) 1-84 Sewer Crossino Latecomer Aareement - G.L. Voiat Development Company. This latecomer agreement, a signed copy of which is attached, reflects changes to these agreements I discussed with City Council several weeks ago in regards to the Silverstone latecomer agreements. . Page 2 Recommended Council Action: Approve the sewer latecomer agreement with G.L Voigt Development Company and authorize the Mayor to sign and City Clerk to attest. ;it 2) Five Mile Sewer Trunk Extension Latecomer Aareement - Sundance Development Company (Silverstone). This latecomer agreement, an unsigned copy of which is attached, reflects changes I discussed with City Council several weeks ago in regards to the Silverstone latecomer agreements. I believe the agreement signed by Sundance Company will be forwarded to me Friday, August 2. If I do not receive the signed agreement by the Council meeting, I will ask that this item, be tabled. Recommended Council Action; Approve the sewer latecomer agreement with Sundance Development Company and authorize the Mayor to sign and City Clerk to attest, Thank you. Please contact me if you have any questions regarding these items. ~ . Page 3 1 CITY OF NiERIDIAN PUBLIC WORKS DEPARTMENT r LETTER OF TRANSMITTAL I DATE: July 25, 2002 TO: Ryan Anderson The Sundance Company 'I 9100 West Blackeagle Dr. Boise, ill 83709 FROM: Brad Watson, PE City Engineer SUBJECT: Silverstone Subdivision Latecomer Agreement Enclosed are the following: COPIES DATE DESCRIPTION 1 Complete Sewer Latecomer Agreement These are transmitted: o For Your Information 0 For Review and Comment 0 For Your Use o As Requested ~ For Action Specified Below Remarks: I believe the enclosed agreement reflects your requests and City Council's direction for the sewer latecomer agreement. Ifit meets with your approval, please return the signed original to me and I will have it placed on the next available Council meeting agenda for approval. If I receive it prior to August 1, I will be able to have it acted upon at the August 6 Council meeting. I have been asked by City Council to prepare several alternative for the water line and well site agreements and present those to them at another Council meeting. CC: File d.. /#7'_ Signed: ~ /f.-/~ _________ , 660 E. Watertower Lane, Suite 200 Meridian. ID 83642 Phone: (208) 898-5500 Fax: (208) 887-1297 SEWER LINE LATE COMERS AGREEMENT FIVE MILE TRUNK SEWER EXTENSION SUNDANCE DEVELOPMENT COMPANY This Agreement made and entered into this _ day of 2002, by and between SUNDANCE DEVELOPMENT COMPANY, an Idaho Corporation, hereafter referred to as "Developer", and the CITY OF MERIDIAN, hereafter referred to as "City" WIT N E SSE T H: WHEREAS, the City limits extend south of Overland Road, but prior to this Agreement and the construction referred to herein, such area was not provided sewer service by the City; and WHEREAS, the Developer constructed a sewer line from an existing sewer line to an area south of Overland Road and east and west of Eagle Road, as shown in "Exhibit An, which sewer line is able to provide service to land south of Victory Road and east and west of Eagle Road to the land shown in Exhibit "An which is attached hereto and by this reference incorporated as if set forth in fuIl~ that the Total Service Area is approximately 1082.82 acres which, if developed under the land use density projections shown on Exhibit liB", which is attached hereto and by this reference incorporated. herein as if set forth in full, with land use densities shovm on Exhibit "B", there could be 2007 equivalent residential units (ERU) in the 1082.82 acres; that the Developer's subdivision(s) consists of98 ERU; that on the land not included in the Developer's subdivision., there could be 1909 ERU;and SEWER LINE LATE COMERS AGREEMENT Page - 1 of6 WHEREAS, the sewer line constructed by the Developer wiU benefit land other than only the land developed by Developer; that the land that can be served by the said sewer line is shown in Exhibit "A"; that the developable land that can be served by the sewer line could contain 2007 ERU's; that the existing developed areas that eventually connect to the sewer line serviced by the City will be subject to the latecomer fees described hereiI4 that 800.10 of the land not included in the Developer's subdivision would be developed in ten years, the tenn that a late comers Agreement is allowed to run., and WHEREAS, the total cost of constructing the said sewer line borne by the Developer was $820,384.91; whereas the sewer line will benefit the Developer's Subdivision(s) which could contain 98 ERU's, Of 4,9%1 of the total area to be benefited by the construction of the sewer line; therefore the cost to Developer to construct the sewer line to his own subdivision(s) would be $40,058.66; that by subtracting this amount as the total Developer's cost share, the total cost to all late comers is $780,326.25; and then adding 10010 for the City Administrative Fee; and then dividing by 80% of the remaining number ofERU's that could be served by the sewer line, there should be a late comers fee of $562.05, plus interest, per ERU as shown in Exhibit "C'; and WHEREAS, Section 9-4-19 of the Sewer Ordinance provides that the City may enter into sewer line extension and reimbursement agreements and that section further provides that sewer users who subsequently connect to the extended sewer line(s) shall be charged an eight (8) inch diameter sewer line equivalency fee; said fees are in addition to the connection and user charges nonnally assessed a user due to the fact the user has not contributed to the cost of the extended line; the above fee is hereafter referred to as "Late Comer Fee"; the above ordinance section provides that the late SEWER LINE LATE COMERS AGREEMENT Page - 2 of6 i ( comers fee may be used to reimburse the person or persons so extending the sewer line{ S). WHEREAS, pursuant to Section 9-4-18 of the Sewer Ordinance, the City is required to charge a Sewer Construction Equivalency Fee to any person or property owner who has not otherwise paid for, or contributed proportionately toward the costs and expenses of constructing a sewer line, whether that construction has been performed by the City, a local improvement district or a private entity, or combination thereof, and who subsequently desires to connect to the City sewer system, shall be required to pay an additional connection charge which shall be known and referred to as the "Sewer Construction Equivalency Fee" . NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: I. The above recitals are contractual and are incorporated herein as if set forth in full. 2. That the Developer has paid for engineering, planning and construction of the sewer line shown in Exhibit n A", and which will benefit the land also shown in Exhibit "A 11 . 3. The Developer has contnbuted $820,384.91 to total construction costs of the said sewer line, of which Developer is entitled to be reimbursed the sum of $780,326.25 plus interest, which represents land that could be served by the sewer line but is not included in Developer's subdivision. 4. That for all land in ExhIbit "A" subsequently connecting to the sewer line referred to in Exhibit "N', except the land in Developer's Subdivision(s), the City will charge the sum of $562.05 plus interest, per ERU as shown in Exhibit "C" ~ such users shall hereafter be referred to as "LATE COMERS"; that the charge is the sewer construction equivalency tee authorized in 9-1-12 and established by this Agreement, which fee shall herein be referred to as "LATE COMERS FEE"; the fee SEWER LINE LATE COMERS AGREEMENT Page - 3 of6 is in addition to any other sewer charges for connection to the sewer system; the computation of the Late Comers Fee is shown on Exhibit "e" attached hereto and by this reference incorporated herein. 5, That all the late comer fees assessed above in Paragraph 4 shall be set aside and deposited to a special account to be designated the "FIVE MILE TRUNK SEWER EXTENSION (SUNDANCE) PROJECT REIMBURSEMENT ACCOUNT!! and shall reflect interest at a rate of 2% to be accrued on the unpaid balance once a year at the City's Fiscal Year End (9/30) each year for the term of the agreement, and shall be distributed quarterly to the Developer. 6. That the late comer fees assessed, which will go into the FIVE MILE TRUNK SEWER EXTENSION PROJECT (SUNDANCE) REIMBURSEMENT ACCOUNT, shall increase at a rate of2% per annum as shown in Table I of Exhibit "C". 7. That the late comer fees shall be collected by the City from all users subsequently connecting to the sewer line shown in Exhibit nAil for the land also shown in Exlubit "A", except the land in Developer's Subdivision. 8. That the City shall charge the FIVE MILE TRUNK SEWER EXTENSION (SUNDANCE) PROJECT REIMBURSEMENT ACCOUNT the 100.10 fee authorized by 9-1-13. 9. That the City shall have prepared on an annual basis an audit of all funds collected pursuant to this Agreement, which audit shall coincide with the general audit of the City; that the cost of this audit shall be paid by the City as part of its administrative costs. 10. It is agreed that the sewer line(s} referenced. in Exhibit "A" is the property of the City and shall henceforth be maintained by the City at its sole cost and expense. SEWERLThlliLATECOMERSAGREENffiNT Page - 4 of6 II The term of this Agreement shall be until Developer has been reimbursed the principal sum of $780,326.25, plus interest:, as determined in Paragraph 6, less the 10% administrative fee or, if this is not achieved, for a period often (10) years or, until such time the sewer line described herein is abandoned. If the Developer has not been reimbursed the principal sum plus interest less administrative fees after ten (10) years from the date of this Agreement, the Agreement may be renewed by mutual Agreement of the City and the Developer, at such time as the City ordinance allows for extension of a ten year time frame. If the City does not amend this ordinance, then this agreement shall have a ten year life span. 12. This Agreement shall be binding on the assigns and successors of the parties hereto. DATED this _ day of , 2002. BY: CITY OF MERIDIAN ROBERT D. CORRIE, MAYOR ATTEST: \VILLIAM G. BERG, JR, CITY CLERK Approved By City Council: SUNDANCEDEVELOPMENTCOMPANY (corporate seal) By Ryan Anderson., Vice President SEWER LINE LATE COMERS AGREEMENT Page - 5 of6 ST ATE OF IDAHOJ : S5. County of Ada, ) On this _ day of , 2002, before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, fR., known to me to be the Mayor and City Clerk of the OTY OF MERIDIAN, ldaho, and who executed the within instrument, and acknowledged to me that the CITY OF MERIDIAN executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. SEAL NOTARY PUBLIC FOR IDAHO RESIDING AT MY COM.MISSION EXPrRES STATE OF IDAHO,) : ss. County of Ada, ) On this _ day of , 2002, before me, the undersigned, a Notary Public in and for said State, personally appeared JOHN DOE, known to me to be the President of SUNDANCE DEVELOPMENT COMPANY, and who executed the within instrument on behalf of said corporation, and acknowledged to me that said corporation executed the same. IN wrTNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. SEAL NOTARY PUBLIC FOR IDAHO RESIDlNG AT MY COMMISSION EXPrRES SEWER LINE LATE COMERS AGREEMENT Page - 6 of6 EXHIBIT "B" Page 1 of 4 FIVE MILE TRUNK SEWER EXTENSION (Sundance) ERU & Flow Calculations Single Famity Dwelling Avg. SFD density Per acre now for SFR 250 gpd 2.8 DUlacre (equates to ERU'slAcre) 700 gpdlacre Commercial - mostty office Commercial - mixed use Commercial - retaiVrestaurant Model Flow gpdlacre 200 500 800 ERU's per acre 0.29 0.71 1.14 Parcels from Ada County GIS Mapping Developer's Benefit Area S1121223285 SUNDANCc INVESTMEN I 8 liMn ED PARTNERSHIP 81121223278 SUNDANCE INVESTMENTS LIMITED PARTNERSHIP Suthef1and Farms purchase 58.59 19.42 7.83 85.84 Land Use MU MU MU ERU's per acre 1.14 1.14 1.14 Projected ERU's 67 22 9 98.0 Parcels from Ada county GIS Mapping Voigt Benefit Area - Determine those within Sundance Benefit Area ERU's Projected land Use per acre ERU's 81120244300 MERIDIAN JOINT SCHOOL DIST NO 2 55.00 actual: 75 S1117346600 HOWELL WILLARD W & ANGELA R 27.44 MU 1.14 31 S1120212415 RESOLUTION BUSINESS PARK LLC 22.07 MU 1.14 25 51120223150 SMCPROPERTIESLLC 14.74 MU 1.14 17 SI117346610 HOWELLWILLARDW&ANGELAR 5.87 MU 1.14 7 51117346660 HOWELL WILLARD W & ANGELA R 0.32 MU 1.14 0 -----------------------------------1~~-------------~-- S1117438625 VANAUKERRONALDW 19.14 MU 1.14 22 S1117438450 VANAUKERRONALDW 16.17 MU 1.14 18 S1120131315 COULTERKENNETHD&CONNIE 12.30 MU 1.14 14 51120121000 KENAI PARTNERS LLC 10.G1 MU 1.14 11 51120120910 COULTER KENNETH D & CONNIE 9.91 MU 1.14 11 51120131400 KENAI PARTNERS LLC 7.81 MU 1.14 9 S1120120800 VAN AUKER RONALD W 1.00 MU 1.14 1 76.34 86.00 Latecomer Area ERU's Projected Parcel OWner Acreage Land Use per acre ERU's 51120141905 GHIFFIN JAMES f- 83,57 MU 1.14 96 S1 121 110552' BIENAPFL FAMILY LIMITED PARTNERSHIP 75.24 MU 1.14 86 51121212485 KEPUS CHRISTOPHER J & KATHLEEN 67.73 MU 1.14 T7 51116325510 IDAHO ELKS REHAB HOSPITAL fNC 52.62 MU 1.14 60 S1120120630 VAN AUKER RONALD W 32.90 MU 1,14 38 S 1121336565 GREAT SKY INC 28.50 MU 1.14 33 81121325426 SUTHERLAND FARM lNC 27.09 RES 2.8 76 Sl121427950 SUTHERLAND FARM INC 26.28 RES 2.8 74 51121314875 SUTHERLAND FARM INC 21.52 RES 2.8 60 S1121325852 8UTHERLAND FARM INC 7.68 RES 2,8 21 subtracted 7.83 acres from this 15.05 ae. Sutherland parcefwhich is Silverstone #2 S1121120650 BIENAPFL WILLIAM P & SUSAN MARIE 1 1.92 RES 2,8 33 S1116336205 RACKHAM l L C 10.91 RES 2.8 31 S1128427855 MILLER RONALD J & DEBBIE 10.15 RES 2.8 28 S1117449560 TERTELlNG COMPANY INC 9.90 RES 2.8 28 S1121212550 KEPUS CHRISTOPHER J & KATHLEEN 9.77 RES 2.8 27 S1128131500 HENDRIKSEN DONALD G 9.42 RES 2.8 26 S1116336510 SPOFFORD CONNIE L & HARTMAN PHILIP \ 9.40 RES 2.8 26 S1116428010 PETERSON ALAN V 8.79 RES 2.8 25 S1121325860 SHANNONS FINE FOODS 8. SPIRITS 6.34 RES 2.8 16 S1128428210 KINGSLEY MICHAEL T & MARLEEN M 6.01 RES 2.8 17 R 1 078420050 JOHNSON DANIEL H 5.75 RES 2.8 16 R1078420010 CHRISTIANSEN RICHARD 5.69 RES 2.8 16 R3193200000 BARCLAY DAVID J & SUE H 5.43 RES 2.8 15 R1078420030 LAVIGNE DAVID A 8. VALERIE 5.41 RES 2.8 15 R1078420040 BECKER LE5A L & ROBERT J 5.40 RES 2.8 15 R 1 078420020 JOHNSON DAVID R & THACKER DEBBIE 5.26 RES 2.8 15 ERU Calcs-Ex.B Silverstone 5ewer L_ C.allemale2Jast EXHIBIT "8" Page 2 of 4 ERU's Projected Parcel Owner Acreage Land Use per acre ERU's Sl121336300 CARPENTER ROBERT S & NEDRA J 5.11 RES 2.6 14 R1078420060 FIVECOAT BILL& MARYANN 5.05 RES 2.8 14 R1078420070 ROBERTSON TRACY J & SHELLlE M 5.05 RES 2.8 14 R31 93200025 REINKE REVOCABLE FAMILY TRUST 5.01 RES 2,8 14 S 1121346850 SASSER GALE M & SHERRY K 5.00 RES 2.8 14 51121336840 LYON JULIE D 5.00 RES 2.8 14 S1121336100 MCKIBBIN DENNIS P & DEBRA J 4.90 RES 2.8 14 S 1121346802 CRON JAMES J & CORRrNE M 4.80 RES 2.8 13 R3193200200 FELLOWS LINDON M & JANET J 4.62 RES 2.8 13 S1116336152 RACKHAM LAWRENCE H & J'DEANNE F TRI 4.44 RES 2.8 12 S1121325521 HILL WAY INC 4,40 RES 2,8 12 R3193200175 MONCARR ERNEST LEE JR & SANDY L 4.40 RES 2.8 12 S 1116438900 STEFFENS JOSEPH LAWRENCE & ROSE LE 4.21 RES 2.8 12 S1116336262 RACKHAM L L C 4.19 RES 2.8 12 R1071520081 . WANNER WALTER R & SAUNDRA L 4.07 RES 2.8 11 S1128212500 JOHNS LESTER P & BARBARA M TRUST 3.86 RES 2.8 11 R3193200250 ALLEN PHILIP L & LAURIE C 3.74 RES 2.8 10 S1128131270 KEMPTHORNE ROY M & NANCY J 3.57 RES 2.8 10 R3193200225 WHALEY MARK D & SHARON A 3.53 RES 2.8 10 S1121336500 CARPENTER ROBERT S & NEDRA J 3.43 RES 2.8 10 R7333000140 BURKES DON L & THERESA A 3.02 RES 2.8 8 S 1121325826 PAPENFUSS HERBERT D & KATHLEEN P 3.01 RES 2.8 8 S1120120700 VAN AUKER RONALD W 2.98 RES 2.8 8 R73330001 00 HACKBORN R A & S S LVNG TRST 2.94 RES 2.8 8 R7333000240 PRESSMAN SCOTT H & BEVERLY K 2.93 RES 2.8 8 Sl121336225 THOMASON MARTY & LEET A 2.91 RES 2.8 8 S1121346900 ROWE GREGG R & LEAH M 2.89 RES 2.8 8 S1121347165 HOLTRY BERYL E & PATRICIA A 2,85 RES 2.8 8 S1121347155 KNAPP GRANT RUSSELL 2.85 RES 2.8 8 S1128212635 STARN MARGARET S 2.73 RES 2.8 8 R1071520012 BRUNELLE NICHOLAS J & LAURIE J 2.73 RES 2.6 8 R7333000180 TURNER REX E & JOSIE 2.69 RES 2.8 8 R4626240722 DE BOER JAN & ROSEMARIE 2.66 RES 2.8 7 R755S000120 HILLMAN BOB R & MARTHA A 2.43 RES 2.8 7 S1121347010 SMITH ROY B & LORI REA 2.3no RES 2.8 7 R0330nO()1 0 FARNLUND DOUGLAS & EVA 2.25 RES 2.8 6 R4626240075 STEAR DAVID & REVA 2.15 RES 2.6 6 R7333000340' RUEB JOHN J & ARLENE M 2.14 RES 2.8 6 R7555000160 JAMISON JOHN E & THERESE J 2.08 RES 2.8 6 R6744800162 ADAMS WILLIAM B & IRENE F 2.02 RES 2.8 6 R7333000040 DEANGEliS JOSEPH W & ANNETTE F 2.02 RES 2.8 6 R 7333000120 PARADIS DANIEL L & KATHLEEN J 2.00 RES 2.8 6 R75550001 00 TURNBOUGH DAVID M & DONNA L 2.00 RES 2.8 6 S1128212550 HERRON THOMAS P & FREDA KATHLEEN 2.00 RES 2.8 6 R8461SOO300 GEARHEARD KARLA J & WADE A 2.00 RES 2.8 6 R8461500400 MORGAN ALBERT H & CHERYL A 2.00 RES 2.8 6 R8481S00200 COBB JOE DELANO & ROBERTA J 1.99 RES 2.6 6 R7333000080 HUDDLESTON JOHN R & PAMELA A 1.98 RES 2.8 6 S1121314975 SUTHERLAND FARM INC 1.96 RES 2.8 5 R7333000280 WATSON ROBERT E & BARBARA D 1.95 RES 2.8 5 R7333000260 ROUNDY E SPREGG & JOYCE 1.93 RES 2.8 5 R755500001 0 BOYACK RICHARD D & KIMBERLY I 1.89 RES 2.8 5 R7333000220 THOMAS RONALD G & JAMIE A 1.88 RES 2.8 5 R6744800055 HUTT DONALD 0 & KARYN MARIE 1.86 RES 2.8 5 S1128212490 BOWLER WILLIAM T & ANNIE D 1.86 RES 2.8 5 R7555000151 SPENCER CHRISTOPHER G & REED-SPENI 1.85 RES 2.8 5 R7333000200 MCCOY EVelYN 1.79 RES 2.8 5 S 1121336275 SHARP JOHN W & JUANITA D 1.78 RES 2.8 5 S1116336452 TIBBETTS JERRY L & CAMILE A 1.76 RES 2.8 5 R7333000020 . KRUEGER ROBERT E 1.76 RES 2,8 5 R7555000240 NELSON ROBERT A & KAREN L 1.76 RES 2.8 5 R7333000160 KRUEGER ROBERT E 1.71 RES 2.8 5 R7333000060 GILLETTE GARY LYNN & JEWELDEAN 1.70 RES 2.8 5 S 1116336402 COLUMBIA INVESTMENT LLC 1.67 RES 2.8 5 R4626240615 FISHER JOHN R 1.67 RES 2.8 5 R7333000300 . BALDRIDGE THOMAS A & ALICE J 1.63 RES 2.8 5 R6744800182 BARTON LEWIS E & MARY ANN 1.63 RES 2.8 5 R462624041 0 MAC DONALD DONNA & HEY DAVID 1.61 RES 2.8 5 ERU Calcs--Ex.B Silverstone Sewer L_C,attemate2.last EXHIBIT "8" Page 3 of 4 ERU's Projected Parcel Owner- Acreage Land Use per acre ERU's R7555000200 WISDOM ADELLE J 8. DONALD S 1.60 RES 2.8 4 R755500021 0 DOLAN aONN1E J 1.58 RES 2.8 4 Ro330770050 GRA TIOT RICHARD F JR 1.56 RES 2.8 4 R0330770040 ROSCHECK RICHARD E & MARLENE 1.56 RES 2.8 4 R0330770020 ELLIOTT JOHN C 1.56 RES 2.8 4 R0330770030 ROSCHECK RICHAD E & MARLENE 1.56 RES 2.8 4 R7555000140 DAVIS KARL LYNN & BARBARA LOUISE 1.51 RES 2.8 4 51121336200 THOMASON MARTY Y & LEET A G 1.50 RES 2.8 4 S 1116336420 COLUMBIA INVESTMENTS LLC 1.45 RES 2.8 4 R7333000320 . BALDRIDGE THOMAS A & ALICE J 1.42 RES 2.8 4 R7555000130 COURSEY BELFORD T 8. DEBORAH A 1.40 RES 2.8 4 R7555000230 BELL STEVEN C & HAYNES PAMELA 1.31 RES 2.8 4 R755S000220 SCRIVNER ELVIN L & DIXIE 1.31 RES 2.8 4 R1071520082 PETSCHE TIM 8. LISA 1.30 RES 2.8 4 R75S5000031 MARTIN DUANE E & VICKI R 1.29 RES 2.8 4 R755500028D DANSEREAU LEON W & FLORENCE M 1.27 RES 2.8 4 R755S000270 DANSEREAU LEON W & FLORENCE M 1.20 RES 2.8 3 R7555000190 EASTMAN ALICIA B 1.20 RES 2.8 3 R7555000050 PAYTON LISA G & JEFFREY G 1.19 RES 2.8 3 R755500018D UPSHAW WAYNE S & MARTHA J 1.16 RES 2.8 3 R75S5000021 RHEES STANLEY 1.15 RES 2.8 3 R84615001 00 GIBBONS MELVIN M 8. L ARLENE 1.13 RES 2,8 3 R4626240125 LEDBETTER RANDALL D & TERESA A 1.13 RES 2.8 3 51121336250 BAUGHMAN ARLlS DANIEL & DARLENE H 1.13 RES 2.8 3 R75S5DOO171 UPSHAW WAYNE S & MARTHA J 1.12 RES 2.8 3 S1121427830 W & S INVESTMENTS INC 1.09 RES 2.8 3 R7555000070 BERTHELSON LARENE 1.09 RES 2.8 3 R4626240425 COLSON GLEN D JR 1.08 RES 2.8 3 R7555000090 WATTLES GARY M & JEANETTE E 1.08 RES 2.8 3 R7555000080 DAY BRUCE C & CARROL M 1.08 RES 2,8 3 R4626240300 NIELSEN TODD C 1.06 RES 28 3 R7555000060 BERTHELSON LERENE 1.04 RES 2.8 3 R1071520030 BRENDER SUSAN I 1.02 RES 2.8 3 R1071520060 WOKERSIEN VIRGINIA N & KENT J 1.02 RES 28 3 R1071520040 MONTGOMERY FRANCES E & WllllAM C 1.01 RES 2,8 3 R1071520071 PETSCHE TIM & LISA 1.01 RES 2.8 3 R67 44800170 GREEN ROBERT W 8. ELIZABETH A 1.01 RES 2.8 3 Rl07152OO5D SICKINGER ROBERT T & RAMIREZ IRENE 1.01 RES 2.8 3 R1071520024 LARSON GERALD A & SUSAN L 1.00 RES 2,8 3 S1121347125 MURDOCK RICHARD D & TRINA A 1.00 RES 2.8 3 R67 448DOO3O KELLER LANCE 1.00 RES 2.8 3 51128131300 KEMPTHORNE ROY M & NANCY J 1.00 RES 2.8 3 R6744800020 BEITZ LEONARD F & NANCY H 1.00 RES 2.8 3 R4626240150 KELLY RONALD LEE 1.00 RES 2.8 3 R4626240085 STEAR DAVID J & REVA M 1.00 RES 2.8 3 R6744800040 KELLER LANCE H 0.99 SFD 1 R4626240385 KORN GREGORY A 8. CONNIE J 0.99 SFD 1 R7555000041 HUBBS RICHARD J 0.99 SFD 1 R4626240600 PRATHER DAWN 0.98 SFD 1 R4526240175 FONTAINE RODNEY J 0.97 SFD 1 R4626240325 GRIFFIN JOHN MICHAEL & JANICE 0.97 SFO 1 R4626240050 ATWOOD DARRELL J & CINO! 0.96 sm 1 R46262401 00 FULTON GARY R & DEBORAH K 0.96 SFD 1 R4626240275 HALE WESLEY 0 0.96 SFD 1 R7555000255 ROGERS JAMES L & PAMELA A TRUST 0.95 SFD 1 R4626240350 FULTON DAVID G& SHIRLEY J 0.93 SFD 1 R4626240225 HOLADAY RAY H & CAROL R 0.93 SFD 1 R462624020D STEWART ROBERT N & COUCHER PATRIC 0.93 SFD t R4626240250 BYRD MAX STEVE 0.93 SFO t R75S5000155 CORNELL IDA M 0.93 SFO 1 S1121336050 MCKIBBIN DENNIS P & DEBRA J 0.93 SFO 1 51121336175 THOMASON MARTY Y & LEETA G 0.92 SFO 1 R7555000265 MURPHY BELINDA A 0.92 SFD 1 R4626240450 HARRIS DAVID G & RHONDA R 0.92 SFD 1 R4626240025 RACKHAM LAWRENCE H & J'DEANNE F TRI 0.92 SFD 1 R4626240550 BIEHL KENNETH R & KATHY J 0.92 SFD 1 R4626240525 COX DAIL ROBERT JR & SHIELA F 0.92 SFO 1 R4626240500 THOMAS EDWARD J & JANEllE B 0.92 SFD 1 ERU CaIcs-Ex.B Silverstone Sewer L_ C.altemate2.1ast EXHIBIT "B" Page 4 of 4 ERU's Projected Parcel Owner Acreage Land Use per acre ERU's R4626240475 TAYLOR ROBERT N & LAURA B 0.92 SFD 1 R4626240000 KELLER RAY N 0.92 SFD 1 R4626240575 RANTALA GREG A & TERISA A 0.92 SFD 1 R0330770055 MORALES KRISTI CARROL 0.91 SFD 1 R4626240675 GALLAGHER ROBERT J & ANITA L 0.91 SFD 1 R46262406S0 LAURSEN JAMES W & KARMEL A 0.91 SFD 1 R4626240625 HUCKE DONALD W & ROBERTA J 0.90 SFD 1 R4626240700 FEHRINGER BILL J & NANCY K 0.90 SFD 1 S1116347190 ROE SANDRA J 0.88 SFD 1 S1121325875 HILL WAY INC 0.85 SFD 1 R7555000261 STOCKDALE RICK ALAN 0.85 SFD 1 R033077OO6O GRATJOT RICHARD F JR 0.84 SFD 1 S1128212450 GRAVES LARRY VAN & TERRY SUE 0.81 SFD 1 R7555000251 SPARKS HERM1S E & CHARLOTTE A 0.81 SFD 1 R6744800008 FAZENBAKER GARY L & DEBRA G 0.79 SFD 1 Sl121347026 CARLETON JOE R & TRACEY L 0.74 SFD 1 S1128438410 PARKIN BENJAMIN G & SHANDY M 0.74 SFD 1 R7555000025 HUBBS RICHARD J 0.74 SFD 1 S1121325775 HILL WAY INC 0.61 SFD 1 S1117449302 SWEET JAMES EDWARD JR & JOY 0.60 SFD 1 R5887700190 COULSON LEE R & HEIDI ANN 0.58 SFO 1 R588771 0450 KNOLL HARVEY & LYNDA 0.52 SFD 1 R5887700180 BOWER DEAN A & PHILLIS I 0.51 SFD 1 R588771 041 0 W & S INVESTMENTS INC 0.46 SFD 1 R6744800192 SWEET JAMES E JR & JOY L 0.43 SFO 1 R588771 0020 PARKWAYNE R& CAROL A 0.42 SFD 1 R4626240390 KORN GREGORY A & CONNIE J 0.41 SFD 1 R5887700170 W & S INVESTMENTS INC 0.39 SFD 1 R588771 0390 BK BUILDERS LLC 0.39 SFD 1 R5887700200 W & S INVESTMENTS INC 0.38 SFD 1 R4626240375 KORN GREGORY A & CONNIE J 0.38 SFD 1 R588771 0420 GRAY BLAKE W 0.38 SFD 1 R5887700320 TAYLOR R DANIEL & ANGIE F 0.37 SFD 1 R588771 0070 ROBERTS RHODONNA & JOSEPH W 0.37 SFD 1 R5887710010 FOISY LEANNE & PHILLIPS JEFF 0.37 SFD 1 R588771 0400 SVOBODA LEE P & FRANK JANICE M 0.35 SFD 1 R588771 0440 WEST JOHN W & CAROLE 0.35 SFD 1 R588771 0430 HOBBS LARRY K & VICKI 0.35 SfD 1 R588771 0060 LEWIS WILLIAM H & JUDY 0.34 SFD 1 R5887700220 BERNASCONI JOHN L & MISTE R 0.31 SFO 1 R588771 0030 JARED ENTERPRISES JNC 0.31 SFO 1 R588771 0050 NEWSOM TERRY W & STEVENSON-NEWS< 0.31 SFD 1 R5887700210 DEVEREAUX KEVIN & JILL 0.30 SFO 1 R5887700330 BRIGHTON CORPORA nON 0.29 SFD 1 Sll28131350 KEMPTHORNE ROY M & NANCY J 0.29 SFD 1 R5B8771 0040 BROWN SCOTT L 0.27 SFO 1 S1121347023 MURDOCK RICHARD D & TRINA A 0.27 SFD 1 Rl071520072 BAUMBACK DONALD F & PATRICIA S 0.22 SFD 1 S1121336475 CARPENTER ROBERT S & NEDRA J 0.17 SFD 1 Sll28212465 GRAVES LARRY VAN & TERRY SUE 0.16 SFD 1 , Denotes portion of parcel WIthm latecomer's area Subtotal: 920.64 1823.00 Note: Any parcel less than 1.0 acre no! considered for redevelopment and assigned 1 ERU Total Net Benefit Area (incl. developer's area): 1082.82 rea Basis Basis Percentage Developer's: 7.93% 4.88% Percentage Latecomer's: 92.07% 95.12% 100.0% 100.0% Non-Contributing Area S1121212480 ADA COUNTY HIGHWAY DISTRICT 2.89 51117449310 OVERLAND WAY HOA INC 0.08 R6744800012 OVERLAND WAY HOA INC 0.03 Subtotal: 3.00 ERU CaIes-Ex.B Silverstone Sewer L_C.altemale2.1ast "EXHffiIT C" FIVE MILE TRUNK SEWER EXTENSION SEWER LINE LATE COMERS' AGREEMENT FEE COMPUT A nONS AREA DETERMINATION: Total Senrice Area = 1082.82 Gross Acres Latecomers Area = Total Service Area - Developer's Area TOTAL SERVICE AREA PROJECTED ERU's: I 2007.00 %OF TOTAL 100.0 I DEVELOPER'S AREA PROJECTED ERU's: I 98.00 %OF TOTAL 4.9 I LATE COMER'S PROJECTED ERU's: I 1909.00 FEE COMPUTATION: %OF TOTAL 95.1 I DEVELOPER'S CONTRIBUTION: $ 820,384.91 Verified from Billings POR170N ATTRIBUTABLE TO DEVELOPER'S SUBDIVISION: 4.9% x $820,384.91 = $40,058.66 PORTION OF DEVELOPER'S CON1RlBU170N ELIGIBLE FOR REIMBURSEMENT Total Service Area (100%) - Developer's Percentage = Percentage Eligible = 95.1 % 95.1% x $ 820,384.91 = $780,326.25 LA IE COMER FORMULA: (Eligible ReimbursementlLate Comer's Service Area ERU's = Late Comer Fee per ERU) $ 780,326.25 $408.76 1909.00 REIMBURSEMENT BASIS: Assume payback period often years and an overall growth rate of 80% within the Late Comer area over that ten years. The Adjusted Late Comer fee per ERU = $ 408.76 80% $510.95 Page I SewerL_C Agreement-Ex.C Silverstone Sewer L C.a1temate2.last ADMINISTRA 17VE FEE: An administrative fee will be added to the latecomer fee to cover costs to I 0% Latecomer Fee wi City Administration Cost: $510.95 x 10% = $562.05 REIMBURSEMENT SCHEDULE: The Developer paid the costs of installing the sewer line. The Late Comer fee paid by each parcel, or portion thereof, who connects to the subject sewer line will be paid per the above agreement. The fees assessed to each latecomer shall be adjusted annually on October 1 st, at an annual percentage rate of 2% The latecomer fees shall be: Effective Date Latecomer Fee per ERU October 1,2002 $562.05 October 1,2003 $573.29 October 1, 2004 $584.75 October 1,2005 $596.45 October 1, 2006 $608.38 October 1,2007 $620.55 October 1, 2008 $632.96 October 1, 2009 $645.62 October 1, 2010 $658.53 October 1, 2011 $671. 70 Tablel Page 2 SewerL _ C Agreement-Ex.C Silverstone Sewer L C.altemate2.last EXHIBIT "A" FIVE MILE TRUNK SEWER SILVERSTONE BENEFIT AREA 1-84 :,..~~-: ?:..~"" , "':'"~'^,<':~...'::,~~'J I., ,~__~:.~,l....... ~o..: N. t 18 .,~' ~j"".\ r-' ,.......<. ' . .", '\- . ,.~ .~.., c'_ ..._....~..<~ ',.,......"..,..."....",'2'.01"',' "'''''\ \ \ \ I 0:" -- <( o ~ ------w-. ...J G <( .WL ::-~ .................. '~ ''''-.. VICTORY ROAD LEGEJlD EXISTING A.m.IR.E __HI' __tz" - _IS' -_w --~~21. :l.(" -u -3lI" --- ':"_~ '-... .......... --30" -cr - I'flESlltR;. .,to DI'o'BVlION , \ AMITY ROAD 1:-. UFT STATION IIU.CI( CA.T TflUN<IlERIIICEAmiA DI8aW'lGE LOCAlION I lLATECOMERAREA ~4f:0'!~ DEVELOPER'S AREA ( August 2, 2002 MERIDIAN CITY COUNCIL MEETING August 6, 2002 APPLICANT REQUEST W.H. Moore Consent to Annexation Agreement ITEM NO. 3-w AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: See Attached Agreement 6~Y/ Jtff(OVU l{--D Contacted: Date: Phone: MaterIals presented at public meetings shall become property of the City of MeridIan. Marlene St.George From: Marlene St.George Sent: Thursday, August 01,20024:29 PM To: 'bergw@meridiancity.org'; 'greent@meridiancity.org'; 'smiths@meridiancity.org' Cc: Bill Nichols Subject: W.H. Moore Company - Consent to Annexation Agreement Page 1 of 1 ECEIVE o 1 2002 CITY OF MERIDIAN,. CITY CLERK OFFICE Please note that the above agreement between the City and W.H. Moore Company, which we received in todays mall, will be hand delivered to your office this afternoon. J am with the understanding that this matter is to be set on the Council agenda for August 6, 2002, under the Consent Agenda. Thanks, Marlene 8/1/2002 aU W.H. MOORE COMPANY ......,..._,~.....-.-.,..........,_~_,._"..."',.~.......M'_~_.~n".~~._~__"*......,......._......................---~~~---~.--.............--....._..........------~-.....-----...-,..".~- Real Estate Development TELEPHONE (208) 323.19191 FAX 323.7523 600 N, STEELHEAD WAY, SUITE 144 (83704) P.O. BOX 8204 BOISE, IDAHO 83707.2204 Date: July 31,2002 Wm. F. Nichols White Peterson 830 East 151 Street, Ste Meridian, ill 83680 To: From: Jonathan R. See1 Subject: Ustick and Eagl Attached please fmd the Annexation Agreement signed by Winston Moore. Please note, based on a discussion with Keith Byrd, Mr. Moore has changed the description from a "Business Park" to a "Commercial Development" and initialed the change. We felt this might be to restrictive a term. We look forward to receiving a fully executed agreement upon signature by the City. Please call should you have any questions. WHITE PETERSON WHITE, PETERSON, MORROW, GlORAY, ROSSMAN, NYE & ROSSMAN, P.A. ATTORNEYS AT LAW KEVIN E. DINIUS JULIE KLEIN FISCHER WM. F. OIOMY, III T. OUY HALLAM, JR.' D. SAMUEL JOHNSON LAIlRY D. MOORE WILLIAM A. MORROW WILLIAM F. NICHOLS' CHRISTOPHER S. NYE PHILIP A. PETERSON ERICA S. PHilLIPS ERIC S. ROSSMAN TODD A. ROSSMAN DAVID M. SWARTLEY PAMELA J. TARLOW'" TERRENCE R. WHITE"" NICHOLAS L. WOllEN 830 EAST 1ST STREET. SUITE ZOO POST OFFICE BOX 1150 MERIDIAN. IDAHO 83680-1I50 TEL (Z08) Z88-Z499 FAX (Z08) 288-1193 NAMPA OFFICE CANYON PARK AT THE IDAHO CENTER 5700 EAST FRANKLIN ROAD. SUITE 200 NAMPA, IDAHO 83687-8402 TEL (208) 466-9272 FAX (208) 466.4405 'ALSO ADMlTnm IN OR "ALSO ADMlTrED IN WA ""ALSO ADMllTED IN CA Pll:ASE REPLY TO MERIDIAN OFFICE July 17,2002 William G. Berg, Jr. City Clerk 33 East Idaho Street Meridian, Idaho 83642 Re: 58 ACRES FOR W, H. MOORE COMPANY / CONSENT TO ANNEXA TION AGREEMENT (4,1. 7) Dear Will: Attached you will find the original ofthe Consent to Annexation Agreement, which will need the signature ofW. H. Moore ofW. H. Moore Company to satisfy Mr. Moore's Will Serve Letter. Upon obtaining his signature, the Agreement may be presented to the Council for their approval. I have also attached a Resolution and Certificate of Clerk for the Consent to Annexation Agreement. If you have any questions, please give me a call. z:\ Work\M\Meridian\Meridian 15360M\W.H. Moore Consent to Annexation Agmt\Clerk07I 702,doc RECEIVED JUL 1 9 2002 City Of Meridian City Clerk Office .\DA COUNTY RECORDER J, DAVIQ ~IAVARRO ArM! ':'''\51:. In ill-:0 v\'f\.} 2002 AU 12 PM 2: 06 RECORoe. RE E FEE~O . 102090925 MERIDIAN CiTY This sheet has been added to document to accommodate recording information. CONSENT TO ANNEXATION AGREEMENT THIS AGREEMENT is made and entered into this 3o..{~ day of -cT u...e~ ' 2002, by and between the CITY OF MERIDIAN, a municipal corporation, and herernafter referred to as "CITY", and 'V.H. MOORE COMPANY, an Idaho company, hereinafter referred to as "DEVELOPER". RECITALS: . ~ C \') 'M"I'l\ E f< C-\ R t... \'6V~l-O M'-' . 'VHEREAS, the condition of the approval of the 58 acres for a OHSlO.@SS pa~, ~at an irrevocable Consent to Annexation Agreement shall be entered into from the "Developer" to the "City" for future annexation to the City; and 1. WHEREAS, there is further an agreement by the "Developer" to include in the deeds to the lots within the 58 acres, reference to future annexation by the City of Meridian, and 'VHEREAS, the "City" has agreed to supply water and sewer service to the 58 acres. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the pa~ties agree as follows:' . cn~..",t.~'-\~ 1. In consideration, the "City" agrees to provide water and sewer s~ 6~vJ() '\l\tLt.' to the "Developer" for the development of the 58 acres as a EI'.-l.siFl.8sS parklJif"feal property mor~ particularly described on Exhibit "A", which is attached hereto and by this reference incorporated herein. 2. "Developer" agrees for itself, its successors and assigns, that it irrevocably consents to annexation of the property described in 1. above into the City limits of the City of Meridian at such time as the property is contiguous to the "City", or otherwise eligible for annexation; and 3. Further, the "Developer", its successors and assigns, agree that it will not file any objections to annexation by the "City", will not impede the annexation process in any manner. 4. The "Developer" further agrees that the following shall be included upon all deeds transferring any lot within said development: 4.1 By acceptance of this deed, Grantee, and Grantee's heirs, successors and assigns, acknowledges that said property is subject to an irrevocable consent to annexation, whereby said property will be annexed into the City of Meridian, Idaho. Consent to Annexation Agreement Page 1 of 4 4.2 Said Irrevocable Consent to Annexation Agreement was recorded on the /2 f-.1. dar of ~ I.f- , 2002, as Instrument No. ! 0 Z 0 tJ'1 Z in the official records of the Ada County Recorder, Ada County, Idaho. S. The "City" shall record this Consent to Annexation Agreement, including any documents which might be necessary after the date of execution of this agreement, and any and all Exhibits and/or attachments, and submit proof of such recording. 6. The City hereby acknowledges and agrees to supply water and sewer services to the 58 acres of which Winston H. Moore has title of o\vnership. 7. The parties hereby agree that if any additional documents are necessary for annexation that both parties will execute said documents to accomplish the purposes of this agreement. 8. 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 "Developer" of the property, each subsequent owner and each 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 expressed. 9. 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 the parties and shall survive any default, termination or forfeiture of this Agreement. 10. This Agreement shall be effective at such time as both parties have executed this Agreement. ACKNOWLEDGMENTS W. H. MOORE COMPANY By(1J_lk~ ,~~ W. H. Moore Consent to Annexation Agreement Page 2 of 4 CITY OF MERIDIAN ATTEST: , ~ BY: William G. Berg, Jr., City BY RESOLUTION NO. /f;bpr~w.d hf1 c;~ a,~UL- ST ATE OF IDAHO, ) : ss. County of Ada, ) On this 30 day of .:J f4/Y , in the year 2002, before me, f:J. [.0. /fe.rA. / , a Notary Public, personally appeared WINSTON H. MOORE, known or identified to me to be the 0 u..1 c.<\....co It.. of the company that executed the instrument or the person who executed the instrument on behalf of said company, and acknowledged to me that such corporation executed the same. "","m'W1J'NESS WHEREOF, I have hereunto set my hand and affixed my official seal, the ..,~~fp.d~#flJ.js certificate first above written. .: ,,".. ... .;"0 ~ ~ ... ... ~ " i I t\OT.<(~ \ " · *. r.. 1\1 PtAA l-nl--rn ~ tfEA~.0:d * ! EeV"/vl.-- vv Ivn ;. ....... ~l.r8L\C i Notary Public for Idaho .. v). ... I \ .., ..... dO l My Commission Expires: O. ?/~ Olo ~.. l'b" .~p ,. ##~'#~ OF It> ~"".. STftTn(!)p'rtsAHo, ) : ss. County of Ada, ) On this Latt-- day of ~u:x+ , in the year 2002, before me, ~h.OJ\.m 8)~t0 , a Notary Public, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR., known or identified to me to be the Mayor and City Clerk, respectively, of the City of Meridian, who executed the instrument or the persons that executed the instrument on behalf of said City, and acknowledged to me that such City executed the same. Consent to Annexation Agreement Page 3 of 4 IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. (SEAL) ........... ....9_'.tL~~.. /J~~o't~;:~~~. ..~ I "'V. ~t"'~ . I , II . ( : II . I II . / It .. \ .. ... _}~b--1<!..~' .. . v., ~U~, . . ~~-_..~ . ..."-(J:SOJ! ll-':.+ ....... ~ hCVLoYl~~0 4- 2~ -00 Notary Public for Idaho My Commission Expires: Z:\Work\M\Meridian\Meridian 15360M\W.H. Moore Consent to Annexation Agmt\ConsentAnnexAgmt.doc Consent to Annexation Agreement Page 4 of 4 ( . : ~. T.:r'\:r.&l:'!~'~JSi;Vi_~ , ~. ., :"'. ......~.. ~ ,...~ ---,- CITY OF' BOISE ACREAGE -::; 12.23 t CITY OF MERIOIAN ACREAGE" AS.61 !. PARCEL #2 OT"I'CI'~uo o <( o a: uJ ...J ~ <:( Lu I ~..~ I "~"~"~""""'-"u_"""_u_, ! ......-.." L':_U_h'j , j I '. I ',....~ i i ~ , .~- ,,-,,-,-,,-,,-,-,,-,,-,,_,,_,,_,,_,,_,,_,,_,,_u_,,~ i J . ! ! ! i I . p. 0, &. - Jl\w.cJ 1. PARCEL #1 """r;~ ~.o.&. . p~"'a.\ ..-. t I i i ! ---1. .:.....:.._:; :.::::::: ',~:' .::::::' .::.. :.:..:...:.. :.~::;.:.:::;:;;;;;;:;:::::; :;..:,~'...'::::'..=: ::::- :.~": '~:':3 1 ---.- --. '-'--'-'- USTICK ROAO --- .-----.-.-' f~,~CEL _~,AP USTICK AND EA~lE ROAD - .-0 .;,IT'... JUL 17 'a2 17;07 ;lGIQ ~?'l ?~?< por:l= ~~ E ~ 1..'0," ",," I of! L/ 'fo.~~~1 ":.L l.EG..i.L Dl!SCRlnJON Orurr Nu,ltbtr: ;300Jua faY'~1 'IF I ... T!UCT 01' t..Ul:) .!1'rtl),Ul) 1.'" 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SAID pomr SEING THE REAL POINT OF BBr;.ZNN:rNG; 'tHSdCE SOtiIH 8,9'42'(10" WEST 315.40 FEET TO A POINT; TH'DlCP: NORTH 00 '01' 00" WEST 225.00 FEET TO -'\ porNT: THDlCE SOrn:H 89' 42' 00" WEST 1,3 fS . 51 FEET TO A l'OrNT; THENCE SOUTH fS'l1'OO" EAST {I<f,58 F!:ET TO /I POINT, 'ENWC,f; SOUTH 32'11' 00" EAST 201.40 I'EET TO A POINT: THENCE SOUTH 45024'00" gAS" 99.JO tl!2T TO A POZ#'r; THENCE SOrJ'tH 27"06'00" EAST 31.80 FEZr TO )l ;C%NX. rHENce NoJtrH BS'54'O()~ E..BoST 237.20 F'EET TO A porNT: THENCE SOUTH 63'06'00" EASt 2f1.00 FEET TC A POINT; 'tHENCE sourf{ 39'06'00" EAST IH.50 FEET TO A porm'; THENCE soaTH 73' 2., , 00" EAST. 2,4:J . 40 F1!1!:1" TO A POpIT: THENCE SOUTH 84"08'00" EAST 3'~, 6tJ l"~E1' TO A. PorNI'; THENCE SOUTH &4.37'00" EAST 2~O. fO FEgT TO A POINT; THENCE N01'<'tH 89"-12' 00" HAS:!" 25.00 FEET TO A lJOINr ON TIrE CJ?NTERLI/'/E OF EAGLE ~OJli]J; THlWCS IN A NOR.'l'HERLY DIRECTION ^.c.ONG SAXD r::ENTERLINE TO THE RSAL POINT OF SEGINNINt;. JUL 17 '02 17:eg ...,.,0 .,...., .,"'..,." € ,.,It: b;i t' 4.( r;{ 1./ .....t:l Ut.c:...I t:.l. ** ( August 2, 2002 MERIDIAN CITY COUNCIL MEETING APPLICANT August 6, 2002 ITEM NO. ~ REQUEST Resolution No. : Adopting the Comprehensive Plan 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 Resolution .vh ~~ 1-\./0 ~rp o~/'? Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. interoffice MEMORANDUM Subject: William G. Berg, Jr. L,.) Wm. F. NiChOISt:J/i1/ Resolution/Certificate of Clerk for Comprehensive Plan r ---'"E.CE'IvE To: From: 3 0 2002 CITY OF MERIDIAN CITY CLERK OFFICE Date: July 30, 2002 Will: Please find attached the originals of the Resolution and the Certificate of Clerk, 1n regards to the above matter. This item is now ready for City Council, and I believe it is set for their Tuesday, August 6, 2002, meeting. If you have any questions please advise. Z:\ Work\M\Meridian\Meridian 15360M\Resolutions City H all\2002\BcrgComp Pia n Rcs073002 Memo,doc Ey /Z: \ WORK\M\MERIDlAN\MERIDlAN 15360M\RESOLUTIONS ClIT HALL\2002 \BERGCOMPPLANRES073002MEMO.DOC RESOLUTION NO, 02.-- 38 2.. BY: gill n~ A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN TO PROVIDE FOR FINDINGS AND TO ESTABLISH THE MERIDIAN COMPREHENSIVE PLAN FOR THE CITY OF MERIDIAN; PROVIDING FOR THE FOLLOWING CHAPTERS: INTRODUCTION, WHAT IS MERIDIAN'S HISTORY, AND WHAT DOES THE FUTURE HOLD, HOW WAS THE PLAN PUT TOGETHER~ WHO LIVES IN MERIDIAN, AND WHAT DO THEY DO, WHAT ARE THE PHYSICAL AND CULTURAL FEATURES OF MERIDIAN, WHAT SERVICES ARE PROVIDED IN MERIDIAN, HOW IS THE LAND IN MERIDIAN DEVELOPED, HOW DO WE MAKE THIS PLAN A REALITY~ REFERENCES; TO PROVIDE THAT THE COMPREHENSIVE PLAN SHALL BE THE OFFICIAL POLICY GUIDE FOR DECISIONS CONCERNING THE PHYSICAL DEVELOPMENT OF THE COMMUNITY; TO PROVIDE FOR GOALS, OBJECTIVES, AND ACTION WITHIN THE PLAN BASED ON SIX KEY COMMUNITY VALUES; TO PROVIDE FOR PRIV ATE PROPERTY RIGHTS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and Council have the authority [pursuant to LC. S 50-302] to establish resolutions not inconsistent with the laws of the state ofIdaho as may be expedient, in addition to the special powers therein granted, to maintain the peace, good govemment and welfare ofthe corporation and its trade, commerce and industry; and WHEREAS, the Mayor and Council have deemed it expedient and in the best interests ofthe City of Meridian to establish a comprehensive land use plan for the City of Meridian and its area of impact and its citizens, and the City of Meridian acknowledges the concems and expressions ofthe community pe11aining to the growth and development ofthe City; and WHEREAS, the comprehensive land use plan will address the legislative requirements and specifically the Idaho Local Planning Act by using maps and narratives to describe the City, and to provide vision of a desired future, and to recommend specific measures to reach that future; and WHEREAS, the comprehensive plan will provide for a planning process, and additionally for direction for land use regulations, including zoning, as well as other implementation actions; and WHEREAS, the comprehensive land use plan contains the thirteen (13) components required by state law; and RESOLUTION FOR COMPREHENSIVE PLAN FOR THE CITY OF MERIDIAN 1 WHEREAS, the Mayor and City Council have done all things required by the Idaho Local Land Use Planning Act for adoption of a comprehensive land use plan. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO as follows: SECTION 1. Pursuant to Idaho Code 967-6509, the Mayor and City Council hereby adopt the City of Meridian Comprehensive Plan, a copy of which is attached hereto and by this reference incorporated herein. A copy ofthis Resolution and the attached City of Meridian Comprehensive Plan shall be held on file in the office of the City Clerk. SECTION 2: EFFECTIVE DATE. This Resolution shall be in full force and effect immediately upon its adoption and approval. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this AlA ~u~t , 2002. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this it' +h- day of A'4l.lst , 2002. ~~fcQ. ~~ \\\111111111/1// \\\ M III A TTEST: ~"",~"", OF ERIDi:/"<~/ ~ 6 .cpf(l.P~ r~ yt.. %. s ~ 0 ~ ~ - ~ - - - - - - = . +h- iP day of - - ~ .-,: - ~ ~/..... "0 ! ~ '1'0 ~\)'i 1si . .;;;. ~ ~ ~ ~ " ;.:" -, I1"\-. ~ ,,' ..,..... ....uUNT':l. \,\' Z;\ Work\M\Meridian\Meridian ] 5360M\Reso]utions City Hall\20U~!!~HmlPff!\qlj~iv'ePlaIl073002.doc RESOLUTION FOR COMPREHENSIVE PLAN FOR THE CITY OF MERIDIAN 2 CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN I, the undersigned, do hereby certify: 1. That I am the duly appointed and elected Clerk of the City of Meridian, a duly incorporated City operating under the laws of the State ofIdaho, with its principal office at 33 East Idaho, Meridian, Idaho. 2. That as the City Clerk of this City, I am the custodian of its records and minutes and do hereby certify that on the [; .f"t: day of ~ t;r,J".f , 2002, the following action has been taken and authorized. A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN TO PROVIDE FOR FINDINGS AND TO ESTABLISH THE MERIDIAN COMPREHENSIVE PLAN FOR THE CITY OF MERIDIAN; PROVIDING FOR THE FOLLOWING CHAPTERS: INTRODUCTION, WHAT IS MERIDIAN'S HISTORY, AND WHAT DOES THE FUTURE HOLD, HOW WAS THE PLAN PUT TOGETHER, WHO LIVES IN MERIDIAN, AND WHAT DO THEY DO, WHAT ARE THE PHYSICAL AND CULTURAL FEATURES OF MERIDIAN, WHAT SERVICES ARE PROVIDED IN MERIDIAN, HOW IS THE LAND IN MERIDIAN DEVELOPED, HOW DO WE MAKE THIS PLAN A REALITY, REFERENCES; TO PROVIDE THAT THE COMPREHENSIVE PLAN SHALL BE THE OFFICIAL POLICY GUIDE FOR DECISIONS CONCERNING THE PHYSICAL DEVELOPMENT OF THE COMMUNITY; TO PROVIDE FOR GOALS, OBJECTIVES, AND ACTION WITHIN THE PLAN BASED ON SIX KEY COMMUNITY VALUES; TO PROVIDE FOR PRIVATE PROPERTY RIGHTS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and Council have the authority [pursuant to I.C. S 50-302] to establish resolutions not inconsistent with the laws of the state ofIdaho as may be expedient, in addition to the special powers therein granted, to maintain the peace, good government and welfare of the corporation and its trade, commerce and industry; and WHEREAS, the Mayor and Council have deemed it expedient and in the best interests of the City of Meridian to establish a comprehensive land use plan for the City of Meridian and its area of impact and its citizens, and the City of Meridian acknowledges the concerns and expressions of the community pertaining to the growth and development ofthe City; and WHEREAS, the comprehensive land use plan will address the legislative requirements and specifically the Idaho Local Planning Act by using maps and narratives to describe the City, and to provide vision of a desired future, and to recommend specific measures to reach that future; and CERTIFICATE OF CLERK - COMPREHENSIVE PLAN FOR THE CITY OF MERIDIAN 1 WHEREAS, the comprehensive plan will provide for a planning process, and additionally for direction for land use regulations, including zoning, as well as other implementation actions; and WHEREAS, the comprehensive land use plan contains the thirteen (13) components required by state law; and WHEREAS, the Mayor and City Council have done all things required by the Idaho Local Land Use Planning Act for adoption of a comprehensive land use plan. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO as follows: SECTION]. Pursuant to Idaho Code ~67-6509, the Mayor and City Council hereby adopt the City of Meridian Comprehensive Plan, a copy of which is attached hereto and by this reference incorporated herein. A copy of this Resolution and the attached City of Meridian Comprehensive Plan shall be held on file in the office of the City Clerk. SECTION 2: EFFECTIVE DATE. This Resolution shall be in full force and effect . d' I . d' d 1 \\\\\11111/1111 Imme late y upon Its a option an approva. \\\\\Or:: M~n IIII{ ,\\' ...Ii '-f'(ID" I'I" " .4., lfA '/ $' a" ~0R,.q -1~ ~ $~O ~ ~ ~ ~ <> ~ ~ - ~ - ~ ~ STATE OF IDAHO, ) : ss: County of Ada ) On this J..P .y~ay of ~gi , 2002, before me, S-\A..u..,r6Y\.8~ +~ , a Notary Public, appeared WILLIAM G. BERG. JR., known or identified to me to be the City Clerk of the City of Meridian, Idaho, that executed the said instrument, and acknowledged to me that he executed the same on behalf of the City of Meridian. ........ ... QJ~L~~~. ..~ TA ::.-.:.y-~. .~~,~ 0 -~.;:....'[~~. .~/ Y ~~. .III I \ _ III , I .. III ; I II '" l I III .. \ I llr .. ~ . .. ..p.....,~'\.c;~+. ..~~--~~~.. +.:<..t::QF lY... .-..... (SEAL) ~hMOY1 ~~ Notary Public for Idaho Residence: Ada ~' Jt&.$LP Commission Expires: - 8"-05 Z:\ Work\M\Meridian\Meridian [5360M\Resolutions City Hall\2002\CERTofCLKResolutionCOMP REHENSIVEPLAN073002,doc CERTIFICA TE OF CLERK - COMPREHENSIVE PLAN FOR THE CITY OF MERIDIAN 2 21102 AU 12 PM 2: 06 RECOROED-RE FE~ 102090927 ~ ,\DA c.omHY RECOROERfjIJ. J~ DAVIO NAVARRO :!'!I~~E.lDFiJ!O . MERIDIAN CITY CITY OF MERIDIAN ORDINANCE NO. 02- q & &' AN ORDINANCE FINDING THAT CERTAIN LAND TO BE KNOWN AS BALTIC PLACE SUBDIVISION 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 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 GENERAL RETAIL AND SERVICE COMMERCIAL DISTRICT (C-G); 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: L.c. DEVELOPMENT, FRANKLIN ROAD SUBDIVISION ANNEXATION DESCRIPTION (R -40 AND C-G) A parcel of land located in the NWl/4 of the NEl/4 of Section 18, T.3N., R.1E., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the corner common to Sections 7, 8, 17 and the said Section 18, from which the 74 corner common to said Sections 7 and 18 bears South 89046'13" West, 2654.29 feet; ANNEXATION AND ZONING ORDINANCE (AZ-OI-008) - 1 thence South 89046'13" West, 1327.12 feet to the East 1/16 corner common to said Sections 7 and 18 and the REAL POINT OF BEGINNING. Thence along the West boundary ofMedimont Subdivision No.'s 1 & 2, as same are recorded in Book 75 of Plats at Page 7794, and Book 79 of Plats at page 8453, respectively, South 00029'15" West, 1332.09 feet to the southwest corner of said Medimont Subdivision No.2; thence generally along the bank of the Hunter Lateral North 51029'39" West, 132.92 feet; thence North 63025'13" West, 205.41 feet; thence North 61005'52" West, 203.20 feet; thence departing said bank North 00038'34" West, 1057.28 feet to a point on the North boundary of said Section 18; thence North 89046'13" East, 488.80 feet to the Point of Beginning. Containing 12.99 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 COlmty, Idaho. SECTION 3: That the real property herein by tlus ordinance annexed to the City of Meridian hereinabove described shall be zoned High Density Residential District (R-40) and General Retail and Service Commercial District (C-G). 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 ofthis ordinance is subject to the tenus and conditions of that certain Development Agreement by and between n+h. V\ day of the City of Meridian and the owner of the land described in Section 1 dated the ANNEXATION AND ZONING ORDINANCE (AZ-OI-008) - 2 A \Jv~ , '2.oD'2- , and that the uses are to be developed under the planned unit development I..) process and conditional use permit process. SECTION 6: All ordinances, resolutions, orders or parts thereofin 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 ofthe City of Meridian shall, within ten (10) days following the effective date ofthis ordinance, duly file a certified 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: 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 of Idaho, all in compliance with Idaho Code 963-2215 and 950-223. ANNEXATION AND ZONING ORDINANCE (AZ-OI-008) - 3 PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this ~A~ ,2002. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this ~S-~ ,2002. L f~ P day of i ~ ft-v U! day of ATTEST: ~ SEAL . A~~ >'~ [?;; ~ /d- % ~ QV& , '\~ o.f ITY CLERK ~ ~ r 15\ ;t $' . . !\, . -l- i _ r) ............. Co '\V ,,~ FIrst Readmg: It\A-~~~\.. U' I L-002 ....../111 UNT'f, \\\\\' Adopted after first reading by suspension o'fiHe'Rdttas allowed pursuant to Idaho Code 50-902 Yes: ~ No: Second Reading: ..,- Third Reading: STATE OF IDAHO, ) ss. County of Ada. ) On this J.p .{kday of ~ ~~ , 2002, before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, ofthe CITY of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first abfl~'1. written. .... .II" ..~.p_~LS~+ OVt - 0 'ti----- .~:;:6T~.A,~~. 0 ~ (SEAL) :C?: Y \-r'~ NOTARY PUBLIC FOR IDAHO : i } : RESIDING AT: AdCLCe~ Jd~ ~ \ L : MY COMMISSION EXPIRES: ~- 2.8 -oS ...U'.k'~\~~... Z:\Work\M\Meridia~~IlQ~Baltic PlaceAZOl-008 PPOI-009 CUPO 1-0 15\AZOrd.doc ..III"'tlO- ANNEXATION AND ZONING ORDINANCE (AZ-OI-008) - 4 i \ ~------- / (!) u,.Z 0% 'i.~ 0$ 0.. to ~ ~ ;;i \ \l,I 'Z ~ ~ ~ u.1 ~ ~ ~ ~ ~ ~(p..r Vld ';)\1. ,'<fa \'l ~ ~ cri '6:::> (X;(/'J ll.l 9: 0- ll.l ~ t \ o oc ~-z.. ...9 9 (J C!J. '3 \ \Z~~~N c-4 0 tt ...--$ r-.. CO ~ O~~ "-' ? -z. C2. - 0 OW ~ Ul\l .." ,,' as ~ 09 ,e,- u.a ~ ~. u.1 ~ 5 '6~% (,) ...J - <:( (t Z t"\ b ,...~\U 4. '"'"" ill t:. u.l ~ -z. (,) (J) <.) 'i6 __ (P o~ (t,<t:. Oco ~\ ." co u.l U1 ;tl;:( <ibo }..'<fN\S~OYJ.S ..,... d z. .60"Z/i/i ~ J\l\..g ~16toOOS ,9t' LgO \. N'\t.V(;.9t.,oON 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 ofMerid~n,j\da County, State of Idaho, do hereby certify that the attached C%y of Ordinance No?h~~ssed by the City Council of the City of Meridian, on the 6 - day of _ .~J I- , 2002, is a true and correct copy ofthe original of said document which is in the care, c stody and control of the City Clerk of the City of Meridian. \ \ \11111111/ filII ", MIll "",-{ Of EFiJO,; 111// ~ " ~ ~ 'l l' (} (pr-.pofVl r~ ';g; ...% 'f/ # / ~ A 12., (]. ~ ~ <) -;. 'LA.;'C.(J-- ~ / d"-v7-- ( ~ ~ SEAL .~ LLIAM G. BERG, JR.' :;'"'7. f?_ -;;. &Qlts ,OJo 0 f STATE OF IDAH(}i;:O~ 151, -t""f" "/ CO' -€<~, '6> " I" U~,! T"'i" ", 'I, ,. .\\' County of Ada, III/U)._ ,q',\\' On this /.;~da'y' of ~lJ.9Ic , in the year 2002, before me, g~CL-~ o~ ~ , 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) ....1111I0114- .... ....}iLll#J;;.. .. /~OT~;~~. llCI:J / ""'r of"'" ,:.re. II I , Q . , \ p .. : I tl .. I I II! .. , I 111 'II> ' I .GI il '..br_. C~ (/ .. dI: ....-:.u.tn,.1!,' · .+~.;:.;:,-_..~ .. ....,UQFl}.':.. ...=...... ~0Jlfrn ~ ~-f2-J Notary Public for Idaho . Commission Expires: .Lf - 28' ~Ob Z;\ Work\M\Meridian\Meridian 15360M\Baltic PlaceAZO I-OOS PPO 1-009 CUPO 1-0 15\CertificationOfClerkOrd.doc CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN - (AZ-OI-008) ~\DA c.. O.U.N. .TY..R.E.COROER ~ J. R~~Y~~,N;tX~~RO L\~ {S 2002 AU 12 PH 2: 06 MER1DIAN CI iY CITY OF MERIDIAN ORDINANCE NO. 02- q to q AN ORDINANCE FINDING THAT CERTAIN LAND TO BE KNOWN AS THE LDS STAKE CENTER LOCATED AT 2515 WEST US TICK 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 CORPORATION OF THE PRESIDING BISHOP OF THE CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS,THE OVVNER, HAS MADE A REQUEST FOR ANNEXA nON IN WRITING TO THE COUNCIL; AND THAT SAID LAND BE ANNEXED TO THE CITY OF MERIDIAN AND ZONING DESIGNATED LIMITED OFFICE DISTRICT (L-O); 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 situated in the Northeast Quarter ofthe Northwest Quarter of Government Lot 3, Section 2, Township 3 North, Range 1 West of the Boise Meridian in Ada County, Idaho; more particularly described as follows: Beginning at the North quarter comer of said Section 2, thence along the North section line of said Section 2 N890 15 '30" W 412.16 feet to a point; thence SOo 15 '31" W 528.45 feet paral1el to the mid-section line of said Section 2; thence S89015'30" E ANNEXATION AND ZONING ORDINANCE (AZ-02-008) - 1 412.16' feet parallel to the North section line of said Section 2 to a point on the mid- section line of said Section 2; thence NooI5'31" E 528.45 feet along the mid-section line to the real point of beginning. Parcel contains 5.00 acres. 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 Limited Office District (L-O). 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: 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 ofthis ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsmanlike manner plainly and clearly designating the boundaries ofthe City of Meridian, including the lands herein annexed, with the following officials of the County of Ada, State ofIdaho, 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 S50-223. ANNEXATION AND ZONING ORDINANCE (AZ-02-008) - 2 PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this AUJtlLS't , 2002. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this Af^-C}'M-t ,2002. ~ Lo day of ~ +"- day of ~A /3e-.~I~' ITY CLERK ATTEST: STATE OF IDAHO, ) ss. County of Ada. ) On titis lc> -I'h-daY of A~1U.St ,2002, before me, the undersigned, a Notary Public in and for said State, personally appeare 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. ..."".. .+~O.:~LS~.. .~~~o't~;:,~~. -Co I ""r ':~.,. (SEAL) : f \ ~ .. I I II .. I I II ~ \ h_.C / l MY COMMISSION EXPIRES: ... d"'....-:._v.tu..'\! ~~O.. .... :tj.z.;:;.,---;t;~... +...,UOF 1>'..+ Z:\Work\M\Meridian\Meridia'T1"l.!)(j8lt"~DS Stake Cntr AZ02-008\AZOrd.doc ANNEXATION AND ZONING ORDINANCE (AZ-02-008) - 3 PART OF ORIGINAL TOO L1Gk'- o LLZ Oz 1-2 z- -0 Ow D..m ~ PART OF ORIGINAL TOO LIGHT !:nQ ~nnn Rr:rJJ~()nllt:TI()f\1 I! i ..J j/ ~-'i-~,~;:,O i ! ) g ~h_ I i"---~ i! 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'f_1T-k_~~'i--~:~~i- ~~r ..~. d 1--_.' 0,' . Wi, i . ,:~~ \ .L_fi: _.J~l~.~.\_/ .,,~/;' _ ------L _ _.'.': \1M 3NOlSOi31:1 N Y r~.-1.~-l-~"~\ .I ,i! ,/ <tt b; .i:- /~ -'~" .~ ~',\' . '\ ~. ' a\' ~./~ ',... .. -...' " ;, ~$ I~ R ~~ ~ ~ Z (") l- N Z o i= () UJ CIJ zg <( WN 1-..,. --~ o ffi (0 a::: n::- 0 W~~ :2 09 I- " u.. n:: Z O Ill:$; 1-0 >- ~ ffi t- ui :! ()o r;o r;o o fh ~ ! a:: o N ~ ~ ?:F:: ~ w ~ 1;( C/) 0 ,~~ .-mi _8~i ~rl ~I "~-~ _.~~--~.! I ,_.-.-~.. /;~t~ \,\ /'~ -(A. ( .-t, , ~\ /'~~o~~ {\ .,::~;( . , .~....~. .---iN \.~--"-'"~ '~ ~~.'1l....... .... ." ~I/ F ~ /.- li' .. " '~.,...,?,/ ,,,' 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. 02- q b q , passed by the City Council of the City of Meridian, on the 6 ~ day of &f/rf6-, 2002, is a true and correct copy of the original of said document which is in the care, c tody and control of the City Clerk of the City of Meridian \\\111111111///1/ ,~\\~~\ of MfR,/.'II',/ " ~~ V/ /.... $' r:) ~O~A ~1- ~~~ ~ cP 'Vi~ s I '" 0 % ~pb 9- ;: f? -,:rLLIAM G. BERG, JR. ~ ~ Q:::= ~ vQ ",Qj02 ~ i"^ vSr 1$\ ' ~ $ ,,/v...a t.,.;" -/ . f ;\)''- ,," STATE OF IDAHO, '}/I ('0, n'7'! ,~ \"" 1/1 ~~.~'J~ \\\ : SS!I/;" ;;",\ County of Ada, ) On this ~day of AWoIJ..'&t , in the year 2002- , before me, 'bk(L'\VY\- 0Yv0..~ , 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 ofthe City of Meridian. (SEAL) .......b .....ON s... .~oT~~~~. "Co l ~ r \:~. .. , \ 'II .. , I OJ " I I l!: .. I , l!l i> , , .. 'II' \. I 111 ..~cr~..-!PBL\S~o... v... "'.i4~--~ -rt"'\~-' tt."l:iOF 1>-'..+ .......... ~h.QX~s~~ Notary Public for Idaho Commission Expires:--E - 2?; ~o~ Z:\Work\M\Meridian\Meridian 15360M\LDS Slake Cnlr AZ02.008\CerlificalionOtclerkOrd.doc CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN AZ-OZ-008 /\U/\ \11.11.11" I nl:\.ounlJl:n~. IJ/\YIU llItYItJ\IlU :J BOISE IDAHO 12102102 01:57 PM DEPUTY Bonnie Oberr"' . ~~~~~I~~D CITRyEQUES1< 11111111I111111111111111111I111111111 AMOUNTnn 1021433lJ5 This sheet has been added to the document to accommodate recording information. Cherry Crossing Non-Development Agreement (FP 02-011) Approved by Meridian City Council August 6, 2002 NON-DEVELOPMENT AGREEMENT Date: May 13, 2002 1. AGREEMENT. BOISE SURPLUS 2002 LLC, an Idaho limited liability company ("Developer") owns that property known as Cherry Crossing Subdivision located generally at the northwest comer of Chell)' Lane and Linder Road in Meridian, Ada County, Idaho described on Exhibit "A" attached hereto ("Property"), and desires to subdivide the Property for non-residential purposes in accord with applicable Meridian subdivision ordinances. Developer desires to defer construction of infrastructure and public facilities in Phase II of the Propelty (described as Lots 13-15, Block 1, and depicted as "Phase II" on Exhibit "B" attached hereto) except those approved landscaping improvements, sewer and water mains, and curb gutters and sidewalks as shown on Exhibit "c" attached hereto, required as conditions of approval of the final plat of the Property ("Subdivision Improvements") by the City of Meridian, an Idaho municipality ("City"), such deferral to be for the purpose of determining market acceptance of Phase II in its preliminary stage, and the mix of uses and style of development of Phase II (within the range allowed by the Property zoning) preferred by such market. In connection with such deferral, and as a condition to the City's approval of the final plat of the Property, the City and Developer agree to the following provisions and restrictions for Phase II. 2. NO DEVELOPMENT. No construction of Subdivision Improvements within all or any part of Phase II of the Property shall be undertaken without the prior written consent in each instance by the City, based upon plans submitted to the City detailing extent, nature, and estimated cost and construction time thereof. Any such construction shall be in accord with the original: a) conditions of subdivision approval; b) Development Agreement between the City and Developer in effect for Lots 1 - 12, Block 1, and Lots 1 - 7, Block 2 of Cherry Crossing Subdivision (which is that portion of the Property outside of Phase II of the Property); and c) the standard construction requirements of the City in effect at that time. City may, at the City's option, subject Developer to providing an irrevocable letter of credit or 57600\ 18000\57650\ 18130\Non-Development Agreement - 1 jIh 5-13-02 cash surety agreement in an amount sufficient to ensure the proper completion of such improvements in Phase II when approval is given by City for such construction. 3. NO SALE. Developer shall not, during the term of this Agreement, sell any lots in Phase II described on Exhibit "B" without the prior written consent in each instance by the City, which consent shall be predicated upon completion of the Subdivision Improvements serving Phase II in accord with the original conditions of subdivision approval and the standard construction requirements of the City in effect at that time. This Agreement may be recorded in Ada County as notice to prospective purchasers of this restriction; provided, however, Developer may sell the entirety of Phase II to another developer so long as: a) the City consents to the sale; b) the sale is subject to this Agreement and the Development Agreement; and c) the buyer/developer agrees in writing with the City to assume all obligations under these agreements. 4. TERMINA TION. Unless otherwise agreed upon between the parties, if construction of the Subdivision Improvements in Phase II has not been started within two years from the date the final plat of the Property is recorded, and is not complete within three years of such recording date, then the City's original approval of the final plat shall be deemed revoked as to Phase II of the Property for which Subdivision Improvements are not then complete in accord with the original conditions of subdivision approval and the standard construction requirements of the City in effect at that time, and the City may then record notice of such revocation as to Phase II in the records of Ada County. This Agreement shall terminate, unless extended by mutual written agreement, upon the earlier of (a) completion of the Subdivision Improvements, (b) two years after recording of the final plat if the Subdivision Improvements have not then been started, or (c) three years after recording of the final plat. 57600\18000\57650\18130\Non-Development Agreement. 2 jlh 5-13-02 5. BINDING EFFECT. The provIsiOns hereof shall bind and mure to the benefit of the parties hereto and their respective successors and assigns. BOISE SURPLUS 2002 LLC By: IJ By: ,~ By; d4h~ b /Je-.r {2- WIlham G. Berg, Jr. City Clerk - - - - 57600\18000\57650\18 I 3 O\Non-Development Agreement - 3 jlh 5-13-02 STATE OF IDAHO ) : ss. County of Ada) On this ,;)~ day of May, 2002, before me, the undersigned, a Notary Public in and for said State, personally appeared Jeffery L. Hess, known or identified to me to be the Chief Operations Officer of Boise Surplus 2002 LLC, an Idaho limited liability company, the company that executed the instrument or the person who executed the instrument on behalf of said company, and acknowledged to me that such company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ,,'IIUUU.t., ......,,~!\ KIA111'~i"; ~.... C ~ ...........-1 ., . J J . ~ 4".1 ... .._~ ~.../L4J 1 -.J ! I ~oT A.~ r 110ta'll Public for Idaho . . . ~ : * : -.- lfewding in Boise, Idaho '\ \ ..otrBL\C~. y Gommission Expires: //- ~ i~()h ~~ · 0 ~ ~ ~ ... ..."\.' .... ", ~ '), ....... to. ,.. .... ",#. ~"l? 0 F \" ~ ...... ii, ...... i'...........' STATE OF IDAHO ) : ss. County of Ada ) ,JL tlMtwI-!;wv On this 2-LW \ day of May; 2002, 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, respectively, of the City of Meridian, an Idaho municipality, Idaho, and they duly acknowledged to me that they executed the within instntment on behalf of said municipality and that said municipality executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ........ ..ON SA~. ..~~~~A~~*. .~/!:i. 0 - "<r:.J.. ',~.. .e, I ~ , . . J , . . : ; . . , , . 11 , . II . \ I . · \ C I ,. . 0....... br_~ /~'o. . u-,' ,:., U1:$1....... . . h.,..;:.----rl"\t" . ..~"'.aOF ~.. ........ ~h~/LdY/ SrYLi.L Notary Public .wr Id~o JM/ Residing in Mel iafan~~h6\ My Commission Expires: 1f - z. ~ -05 57600\18000\57650\ 18130\Non-Development Agreement - 4 jlh 5-13-02 EXHIBIT A LEGAL DESCRIPTION A parcel of land lying in a portion of the Southeast Quarter of Section 2, Township 3 North, Range I West, Boise Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the Section comer common to Sections 1,2, 11, and 12; thence North 89033' 46" West a distance of 850.09 feet along the southerly boundary line of said Southeast Quarter of Section 2, and the centerline of West Cherry Lane; thence North .....- 00026'14" East a distance of 50.00 feet to a point on the northerly right-of-way line of West Cherry Lane, and the easterly boundary of Valeri Place Subdivision, as filed for record in the office of the Ada County Recorder, Boise, Idaho, in Book 63 of Plats at Page 6307 and 6308, said point also being the TRUE POINT OF BEGINNING; thence along said easterly boundary line for the following six courses and distances: North 00026'14" East a distance of337.29 feet; thence North 16007'36" East for a distance of 68.17 feet; thence North 45006'20" East for a distance of23.0I feet; thence South 89033'46" East a distance of 87.92 feet; thence North 00026' 14" East for a distance of 49.00 feet; thence South 89033'46" East a distance of 50.00 feet; thence leaving said easterly boundary line, North 00026'14" East along the westerly boundary line of Lot 1, Block 4 of said Valeri Place Subdivision, for a distance of 59.00 feet to a point of curve; thence 31.42 feet along the arc of a 20.00 foot radius curve to the right, (through a central angle of 90000'00", which chord bears North 45026' 14" East for a distance of28.28 feet) to a point of tangency; thence South 89033'46" East along the northerly boundary line of said Lot 1, for a distance of 105.00 feet to a point on the easterly boundary line of said Valeri Place Subdivision; thence along said easterly boundary line the following three courses: North 00026'14" East a distance of 50.00 feet; thence North 89033'46" West a distance of32.35 feet; thence North 00026'14" East a distance of 110.00 feet to a point on the southerly boundary line of Glennfield Manor No.6, a Subdivision, as filed for record in the office of the Ada County Recorder, Boise, Idaho, in Book 58 of Plats at Pages 5627 and 5628; thence South 89033'46" East a distance of 557.68 feet along the said southerly boundary line of Glennfield Manor No.6 and the southerly boundary line of Glennfield Manor No.7, a subdivision, as filed for record in the office of the Ada County Recorder, Boise, Idaho, in Book 59 of Plats at Pages 5743 and 5744 to a point on the westerly right-of-way line of North Linder Road; thence along said westerly right-of- way line, South 00016'08" West a distance of607.36 feet; thence North 89043'52" West a distance of 15.00 feet; thence South 00016'08" West a distance of 107.85 feet; thence South 45021 '11" West a distance of 17.00 feet to a point on the northerly right-of-way line of West Cherry Lane; thence along said northerly right-of-way line the following courses and distances: North 89033'46" West a distance of 197.48 feet; thence North 00026' 14" East a distance of20.00 feet; thence North 89033'46" West a distance of 600.49 feet to the POINT OF BEGINNING. 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IDAHO n ~ " ~! i QQ ,. -~I~ --= ,,>, c::::sHE\O.. ;x:::I. ........--.- _t...... _.__ -__'-;:'~ . ~!L_.__""_ ---.::=:: ~ L.............................................................................................................EJd\;.b:t....C;.".........................................................................................! ( BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICA TION OF HAWKINS COMP ANIES/CSHQA FOR APPROVAL OF FINAL PLAT FOR CHERRY CROSSING SUBDIVISION, LOCATED AT THE NORTHWEST CORNER OF W. CHERRY LANE AND N. LINDER ROAD, MERIDIAN~ IDAHO C/C 08/06/02 ) ) ) ) ) ) ) ) ) ) ) CASE NO. FP-02-011 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Meridian City Code S 12-3-7 on August 6, 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 Steve Siddoway of the Planning and Zoning Department, and Bmce Freckleton, Engineering Technician III, listing 9 General Requirements and 26 Site Specific Requirements, which are herein found fair and reasonable, and that Brad Hawkins-Clark of the Planning and Zoning Department, Brian Huffaker and Jessica Aguilar, 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 "CHERRY CROSSING SUDVISION" as evidenced in Plat bearing: "CHERRY CROSSING, A PORTION OF THE SOUTHEAST Y4 OF ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR CHERRY CROSSING SUBDIVISION I (FP-02-011) - 1 SECTION 2, TOWNSHIP 3 NORTH, RANGE I WEST, OF THE BOISE MERIDIAN, ADA COUNTY, IDAHO 2002, 00237SD1.DWG 05/15/02, SHEET 1 OF 2, ANDERSON-DAVID & ASSOCIATES, INC.", Hawkins Companies/CSHQA, 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 FreckIeton, Engineering Technician III, and Steve Siddoway Planner for the Planning and Zoning Department, dated July 25, 2002, listing 9 General Requirements and 26 Site Specific Requirements, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of five pages, and by this reference incorporated herein, also attached hereto is Brian Huffaker's of Hawkins Companies response letter to the staff comments dated August 1,2002 and marked as Exhibit "B", and consisting of two pages, and the additional requirements from the action of the Council taken at their August 6, 2002 meeting as follows, to-wit 1. L As noted on the staff comments attached hereto as Exhibit "A " and consisting of five pages, and as noted on Brian Huffaker's of Hawkins Companies response letter dated August 1,2002, and consisting of two pages, and in patiicuIar to clarify the Site Specific Requirements numbers 2,8, 10, and 14, they shan now read as follows: SITE SPECIFIC REQUIREMENTS: Number 2 shall now read as follows: 2. The pressurized irrigation for the residential lots of this project have been designed in coordination with the existing irrigation system for the adjacent subdivision and shan be incorporated into the adjacent Homeowners' Association. Plans, verification of capacity, and 0 & M Manuals have been submitted to Public ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR CHERRY CROSSING SUBDIVISION / (FP-02-011) - 2 (. Works for review and conunent. The Commercial Area pressurized irrigation system shall be designed in Phase II of the project. At this time, it is our intent to have the primary irrigation water supplied by Nampa-Meridian Irrigation District. There is a well located onsite and shall be the secondary source of iITigation water. Approval documentation for the Homeowners' Association and copies of Water Right Permits shall be supplied to Public Works. Number 8 shall now read as follows: 8. All constmction and site improvement shall conform to the requirements ofthe Americans with Disabilities Act. Number 10 shall now read as follows: 10. North Kastle Falls Avenue has been changed to West Emerald Falls Drive, as stipulated by the Ada County Street Name Committee. Number 14 shall now read as follows: 14. If the Non-development agreement is accepted, perimeter landscaping on Cherry Lane and Linder shall be complete prior to the first commercial occupancy. Interior landscaping in the commercial area shall be completed as lots are developed. Additionally, the County surveyor will not allow the commercial lots to be divided into three separate blocks, and therefore, the applicant shall comply and conform with the County surveyor such that Blocks 2, 3 and 4 shall all have the same block number, and be designated as separate lots in said block. 1.2 The Central District Health Depaliment 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 mn-off is not to create a mosquito breeding problem; and it is suggested that stormwater 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 APPROVAL OF FINAL PLAT FOR CHERRY CROSSING SUBDIVISION / (FP-02-011) - 3 practices for stolll1Water 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. Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, May 2000. 1.3 The Nampa & Meridian Irrigation District notes the following: 1.3.1 If all stOffi1 drainage is retained on site the above-mentioned proposed project will not impact the District, and no further review is necessary. However, if any storm drainage leaves the site the District shall require a Land Use Change/Site application. 1.4 The Meridian Fire Department requires the following: 1.4.1 That a fire flow of 1,000 gallons per minute shall be available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apmi. 1.4.2 Operational fire hydrants and temporary or permanent street signs are required before combustible constmction begins. 1.4.3 The roadways shall be built to Ada County Highway Standards and have a back-to-back measurement of36'. 1.4.4 All radii shall be 28' inside and 48' outside radius. 1.4.5 All cul-de-sacs to be a 50' radius. 1.4.6 Insure that all yet undeveloped parcels are maintained free of combustible vegetation per section 1103.2.4 of the Uniform Fire Code. 3. The final plat upon which there is contained the Certification and signature ofthe City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR CHERRY CROSSING SUBDIVISION / (FP-02-0 11) - 4 ( I. 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 6, 2002. By: RO RT D. CORRIE Mayor, City of Meridian Copy served upon Applicant, the Planning and Zoning Department, Public Works Department, and City Attorney. BydfA.-:-~ ~ 9v City Clerk {/ Dated: 1-- Z 3...--j 2-- Z:\Work\M\Meridian\Mcridian I 5360M\Cherry Crossing Sub FP02-0 11 Dev Agmt in this file\OrderFP.doc ORDER OF CONDITIONAL APPROVAL OF FfNAL PLAT FOR CHERRY CROSSING SUBDIVISION / (FP-02-011) - 5 :-'IA YOR Robert D. Coni~ HUB OF TRE-1.SURE r":4.LLEY A Good Place to Live LEGAL DEPARTMENT (208) 288-2499 . F:lX 288-250 1 CITY COUNCIL MEMBERS William L.M. Nary Kdth Bird Tarruny d~Weerd Cherie M.;Candless CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433, FA...X(208) 887-4813 City Clerk Office Fax (208) 888-4218 PUBLIC WORKS BUILDING DEPARTMENT < (208) 887-2211 . Fa.d87-1297 PLANNING A.."iD ZONING DEP ARThIENi (208) 884-5533 . FA.'.: 888-6854 MEMORANDUM: To: Mayor & City Council July 25,2002 RECEIVED From: Bruce Freckleton, Engineering Tech ill Steve Siddoway, Planner II ~.....v-- ~ JUL 2 S 2002 Re: City OfMericlian City Clerk Office Request for a Final Plat Approval of Cherry Crossing - Eighteen (18) Building Lots and Five (5) Other Lots on 11.57 Acres in R-4 and C-N Zones by Hawkins Companies (File No. FP 02-011) We have reviewed this submittal and otTer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICA TION SlJMl\.1ARY & BACKGROUND Cheny Crossing was approved on 9/4/01 as a Conditional Use Permit (CUP) and Preliminary Plat (pP). The R-4 and C-N zoning was already in effect at the time of the CUP and PP, as it approved previously as part of an application for Smith's Food Center. The proposed Final Plat (FP) encompasses the entire area shown on the approved PP, including the commercial and residential areas. The applicant has applied for a n,on-deveIopment agreement for the commercial portion of the ~*ct. ' The application incorrectly states the number of lots as nineteen (19) building lots and three (3) other lots. This should be corrected to be eighteen (18) building lots-15 residential and 3 commercial-and five (5) other lots. Lots 1, 5, and 12, Block 1 and Lot 1, Block 5, and the addition of another lot in the island in the round-about, are designated as common lots. The approved CUP is for a Planned Development, including a drive-though pharmacy, a service station, a drive-through restaurant, residential lots and an office/retail building (CUP-Ol-Ol6). LOCATION & SURROUNDING USES The subject property is located at the northwest comer of Cherry Lane and Linder Road. Part of the property is currently zoned R-4, while the rest of the property is zonedC-N. The property is surrounded by the following uses: North - Single-family residential dwellings, zoned R-4. FP-02-O 11 Cherry Crossing Final Plat GJdt,'h/l 'lI" I (J1's- Mayor and Council July 25, 2002 Page 2 South - Maverick Country Store (service station) and a strip mall containing Video land, Dominos, a bread store and Hogi Yogi, zoned C-N. East - Single-family dwelling, zoned R-4, and a church, zoned L-O. West - Single-family residential, zoned R-4. SITE SPECIFIC REQUIREMENTS 1. Applicant is to meet all terms and conditions of the approved preliminary plat and conditional use permit. 2. If the pressurized irrigation system within this development is to remain a private homeowners and/or business-owners association system, complete plans and specifications shall be reviewed by the Public Works Department as part of the development plan review process. A draft copy of the pressurized irrigation system O&M manual must be submitted prior to plan approval, and if this system is hooking to an existing system, evidence of satisfactory capacity and approval shall also be required. 3. Sanitary sewer service to this site will be via extensions from existing mains adjacent to the proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of the centerline. 4. Water service to this site will be via extensions from existing mains adjacent to the proposed development. Applicant will be responsible to construct the water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department 5. AIl exterior lighting, whether attached to the building or located within the parking lot, shall be down-shielded or otherwise altered so that the light does not sPW over onto adjacent properties or right-of-way. .AIl parking lot lighting shall be in accordance with Ordinance 11-13-4C. 6. AIl signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. AIl signage is subject to design review and shall require separate permits. Temporary or portable signs shall be prohibited, and will be removed upon 3 days notice to the applicant. 7. 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. 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. FP-02-O 11 Cherry Crossing Final Plat EJLlti/),"f"/I" ~of:r Mayor and Council July 25, 2002 Page 3 8. All construction and site improvements shall conform' to the requirements of the Americans with Disabilities Act. 9. Complete the Certificate of Owners and accompanying Acknowledgment. 10. Change the name ofN. Kastle Falls Ave. to W. Emerald Falls Place and submit a revised street name approval letter. 11. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. 12. Design drainage areas to ensure that water is retained only during 25-year stonn events, and for a period oftime not to exceed 24 hours. Side slopes within drainage areas shall not exceed 3: 1. 13. Sidewalk improvements around the full perimeter of the project, including the commercial area; are required as part of the phase one improvements. 14. If the Non-development Agreement is approved as submitted, the remaining phase two landscaping shall be planted at one time, prior to the first commercial occupancy, in order to maintain a uniform appearance to the commercial area--oot lot by lot. 15. The commercial area landscaping shall be maintained jointly by a business-owners association to help maintain a uniform appearance to the commercial area. 16. Applicant shall add at least two trees to the buffer between the commercial lots and the residences along N. Gold Falls Place so that the tree canopies will be touching at maturity for the full length of the buffer. Also add two trees in the island in N. Kastle Falls Ave./W. Emerald Falls Dr. per the Preliminary Plat approved plans. . 17. The residential common lots shall be owned and maintained by a Homeowner's Association. 18. All CMU walls shown on the landscape plan (L-1) are to be in place prior to issuance of building permits. Modify the walls to be three (3) feet high maximum until 20 feet from the property line or right~f-way (the proposed plan shows one-foot steps every five lineal feet within the required 20-foot setback). A letter of credit or cash will be required for the walls prior to signature on the final plat. 19. The undeveloped portion of the property is to be mowed and maintained free of all weeds greater than eight inches high per City Ordinance 4-3-2. 20. Street signs are to be in place, water system shall be approved and activated, pressurized irrigation system approved and activated, drainage lots constructed, fencing installed, and road base approved by the Ada County Highway District prior to applying for building permits. All development improvements, including landscaping shall be installed and approved prior to FP-02..o I I Cherry Crossing Finall'lat bJ,..'h,'(' iff" 4 DP S" Mayor and Council July 25, 2002 Page 4 obtaining certificates of occupancy. A letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 21. Add ":MERIDIAN" to the situate statement on the final plat map. 22. Create a common area lot for the round-about island. This lot shall be added to not number 7. 23. Add "True Point of Beginning" to the face of the plat per IC~50-1304. 24. Revise lot and block numbering of commercial area to be part of block 1. 25. Please add or revise the following plat notes; (1.) This subdivision is subject to The developer and/or owner shall complyianee with Idaho Code Section 31-3805, or it's provisions that may apply to irrigation water. (9.) 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 irrigation/drainage district. (10.) The bottom elevation ofstrocturalfootings shall be set a minimum of 12-inches abQye the highest established normal ground water elevation. 26. Applicant should respond in writing to this staff report by Thursday, August 1. Please submit written response to the City Clerk's office at 33 E. Idaho. ADDITIONAL CONSIDERA nONS 1. The applicant is in the process of securing a letter from the adjacent homeowners association (Valeri Place) wherein they acknowledge acceptance of the proposed Cherry Crossing Subdivision residential lots, common areas, and residential pressurized irrigation system as part oftheir association. Applicant should provide a copy of said letter to P&Z and Public Works as soon as it is received. 2. The commercial property has existing structures on it that must be removed prior to development of the property. Applicant should address the timing of when the structures will be removed. The Commission should add a condition related to the timing of the removal of the structures. GENERAL REOUIREMENTS 1. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall b~ tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. FP-02-011 . Cherry Crossing Final Plat GU,'"'''' NAif J/1J.pS- Mayor and Council July 25, 2002 Page 5 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 3. Two-hundred-fifty- and lOO-watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider1s expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. Street light contractor to obtain design and permit from the Public Works Department prior c9mmencing installations. 4. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 5. Submit "Final" letter from the Ada County Street Name Committee, approving the subdivision and street names. Make any corrections necessary to conform. 6. Sewer and water mains shall be extended to and through the proposed development. 7. Applicant's engineer will be required to submit a signed, stamped statement certifying that all street finish centerline elevations are set a minimum of three feet above the highest established normal groundwater elevation. 8. Coordinate fire hydrant placement with the City of Meridian IS Water Works Superintendent. 9. Provide five-foot-wide sidewalks in accordance with City Ordinance Section 12-5-2.K, except where the four-foot detached sidewalks have been otherwise approved through the Planned Development. Sidewalks are to provide a clear five-foot-wide walkway pathway without encroachment of.mailbox structures. RECOMMENDATION Staff recommends approval of the Final Plat with the conditions and requirements noted in this report. FP-02-011 Cherry Crossing Final Plat E(JI./I.-6,'t '1tI u 5 ~.p S- ACSHSA < . . 4 .': I . a profeSSIO. j aSSociation Specializing in architecture, engineering and planning August 1, 2002 RECEIVED AUG 0 1 2002 Mayor & City Council City of Meridian City Clerk's Office 33 East Idaho Street Meridian, Idaho 83642 City Of Meridian City Clerk Office RE: Request for a Final Plat Approval of Cherry Crossing Eighteen (18) Building Lots and Five (5) Other Lots Located on 11.57 Acres in R~4 and C~N Zones By Hawkins Companies (File No. FP 02-011) (!, l e... l-\ e e+l IL'2J AU5usJ Lot ;)00') Hem NO, H Dear Honorable Mayor and City Council Members: We have reviewed the comments prepared by Bruce Freckleton and Steve Siddoway. We are in acceptance to the requirements, with exception to the following: Site Specific Requirements Requirement No.2: The pressurized irrigation for the residential lots of this project h<we been designed in coordination with the existing irrigation system for the adjacent subdivision and will be incorporated into the adjacent Homeowners' Association. Plans, verification of capacity, and o & M Manuals have been submitted to Public Works for review and comment. The Commercial Area pressurized irrigation system will be<designed in Phase II of the project. At this time, it is our intent to have the primary irrigation water supplied by Nampa-Meridian Irrigation District. There is a well located onsite and will be the secondary source of irrigation water. Approval documentation for the Homeowners' Association and copies of Water Right Permits will be supplied to Public Works. Requirement No.8: All construction and site improvement shall conform to the requirements of the Americans with Disabilities Act, as required by the prevailing building code. Requirement No. 10: North Kastle Falls Avenue has been changed to West Emerald Falls Drive, as stipulated by the Ada County Street Name Committee. P'EOM WliO UStEN C.W. MOORE PLAZA ~ 250 S.5TH ST. . BOISE, ID 83702 . (208) 343.4635. FAX (208) 343-1858 http://www.cshqa.com DESlGH1IllI......S J:fUlL -/. '1 ..." J 4t'c ~ l, August ], 2002 Mayor & City Council Page - 2 Requirement No. 14: If the Non-development agreement is accepted, perimeter landscaping on Cherry Lane and Linder will be complete prior to the first commercial occupancy. Interior landscaping in the commercial area will be completed as lots are developed. Requirement No. 24: The residential lots will be incorporated into a Homeowners' Association being bound by certain codes, covenants and restrictions (CC&R's). Technically, those CC&R's will have no binding effect on the commercial lots, however, the appearance that the commercial lots will belong in the HOA and bound by those CC&R's will be presumed. In an effort to eliminate any confusion of residential and commercial lots being co-mingled under title and ownership, we would request the opportunity to approach the County for approval to identify these contiguous parcels with different block numbers. Additional Considerations Consideration No.2 The commercial property has one existing residential dwelling along Linder Road. It continues to be used as a residential dwelling, with a one-year lease executed. We believe we have the right to continue utilizing this use until such time the commercial development of the parcel upon which it is located physically requires its removal. Requiring premature removal of this structure will take away our existing ability to use the property, as currently allowed, and poses an unreasonable burden on the owner. lEthe City has additional questions or comments, please do not hesitate to contact Brian Huffaker at Hawkins Companies or me at (208) 343-4635. Thank you for your time and consideration regarding this request. Respectfully submitted, CSHQA, a professional association ~~ Jessica Aguilar, on behalf of Hawkins Companies ..::::. Enclosure c: Brian Huffaker, Hawkins Companies Jeffrey Hess, Hawkins Companies File 02085/Reg Agency JNcld J:LProjcclsI100210208$l/cllmlR.gAg...:y _ O/.cIoc /;M"6,~" "Ii "~()f~ BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF W.H. MOORE COMP ANY FOR APPROVAL OF FINAL PLAT FOR MARLIN SUBDIVISION, LOCATED NORTH OF 1-84, EAST OF SOUTH LINDER ROAD, MERIDIAN, IDAHO C/C 08/06/02 ) ) ) ) ) ) ) ) ) CASE NO. FP-02-015 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Meridian City Code S 12-3-7 on August 6, 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 of the Planning and Zoning Department, and Bmce Freckleton, Engineering Technician III, listing 9 General Requirements and 16 Site Specific Requirements, which are herein found fair and reasonable, and that Brad Hawkins-Clark of the Planning and Zoning Department, and Jonathan Seal, 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 "MARLIN SUDVISION" as evidenced in Plat bearing: "PLAT SHOWING MARLIN SUBDIVISION NO.1, LOCATED IN THE NW 1;4 OF THE SW 1;4 OF SECTION 13, T.3N., R.IW., B.M., ADA COUNTY, IDAHO ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR MARLIN SUBDIVISION I (FP-02-015) - I 2002, HUBBLE ENGINEERING, INC. MERIDIAN, IDAHO, 02-017-00, SHEET 1 OF 2, STAMP DATED: JUN 26 2002", W. H. Moore Company, 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 23, 2002, listing 9 General Requirements and 16 Site Specific Requirements, a true and COITect copy of which is attached hereto marked Exhibit "A", and consisting of four pages, and by this reference incorporated herein, and the additional requirements from the action of the Council taken at their August 6, 2002 meeting as follows, to-wit: 1.1 As noted at the Council meeting, within the staff comments attached hereto as Exhibit "A " and consisting of four pages, and in particular to clarify the Site Specific Requirements numbers 1 and 11 they shall now read as follows: SITE SPECIFIC REQUIREMENTS: Number 1 shall now read as follows: 1 Applicant is to meet all terms of the approved preliminary plat and conditional use pennit. 11. Staffs failure to cite specific ordinance provisions or terms of the approved preliminary plat or conditional use permit does not relieve Applicant of responsibility for compliance. 1.1.1 In the event of weather restriction, the applicant shall be allowed to bond for all required development improvements, including playground equipment and landscaping, prior to final occupancy of any unit. In any case, improvements shall be made as weather permits. (This paragraph peltains to number 3 under Site Specific.) ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR MARLIN SUBDIVISION / (FP-02-015) - 2 1.2 The Central District Health Department requires after written approval fi:om 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 Depmiment 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 stormwater 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 practices for stann water 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 Stonnwater Best Management Practices For Idaho Cities And Counties. Prepared by the Idaho Division Of Environmental Quality, July 1997. 1.2.2. Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Depmiment, May 2000. 1.3 The Nampa & Meridian Irrigation District notes the following: 1.3.1 The District's Kennedy Lateral courses along the east boundary of the project. The easement of the Kennedy Lateral is not indicated on the final plat, therefore the District will reserve all comment until this issue is addressed. 1.3.2 The District requires a Land Use Change/Site application to be filed. 1.3.3 All laterals and waste ways shall be protected and all municipal surface drainage shall be retained on site. If any surface drainage leaves the site, the District shan review drainage plans. The developer shall comply with Idaho Code 931-3805. 1.4 The Meridian Fire Department requires the following: 1.4.1 One and two family dwellings will require a fire flow of 1,000 gallons per minute available for a duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. ORDER OF CONDITIONAL APPROY AL OF FINAL PLAT FOR MARLIN SUBDIVISION I (FP-02-015) - 3 1.4.2 Operational fire hydrants and temporary or permitted street signs are required before combustible construction begins. 1.43 Acceptance of the water supply for fire protection will be by the Meridian Water Depa11ment. 1.4.4 Final approval of the fire hydrant locations shall be by the Meridian Fire Department. 1.4.5 All radii shall be 28' inside and 48' outside radius for all internal roads and entrances. 1.4.6 Insure that all yet undeveloped parcels are maintained free of combustible vegetation per section 1103.2.4 of the Uniform Fire Code. 1.4.7 The roadways in Marlin Subdivision shall be built to Ada County Highway District Standards with a minimum street width of 29- feet with restricted parking on one side or with a minimum street width of 36-feet with parking on both sides. 1.4.8 The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have a turn around. 1.4.9 The Meridian Fire Depm1ment would support the strict application of the Unifol111 Building Code for side yard setbacks with no variances, as this would limit the potential fire spread from building to building in those blocks. 1.4.10 Provide a fire hydrant on the extreme south end of South Linder Road adjacent to the common fence with 1-84. 1.4.11 That a fire flow consistent with Appendix IIl-A of the Uniform Fire Code be provided for the portions of the project which are not one or two family dwellings. Fire hydrants shall be placed an average of 400' apm1. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR MARLIN SUBDIVISION / (FP-02-015) - 4 2. The final plat upon which there is contained the Celtification 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 bas 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 6, 2002. By: ~.~ RO T D. CORRIE Mayor, City of Meridian Copy served upon Applicant, the Planning and Zoning Department, Public Works Department, and City Attorney. ByJl~~~ 9s City Clerk . Dated: g.-- z,. :5 "tJ 2--- Z:\Work\M\Mcridian\Meridian I 5360M\Marlin Sub FP02-0 15\OrderFP.doc ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR MARLlN SUBDIVISION I (FP-02-015) - 5 MAYOR Robert D. Corri~ HUB OF TREASURE VALLEY A Good Place to Live LEGAL DEPARTMENT (208) 288-2499 . Fax 288-2501 CITY COUNCIL MEMBERS William LM. Nary Kdth Bird Tanuny deWeerd Cherie McCandless CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433, FA.'\( (208) 887-4813 City Clerk Office Fax (208) 888-4218 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 . Fa.d87-1297 PU1\fNING AND ZONING DEPARTMENT (208) 884-5533 . FA'\( 888-6854 MEMORANDUM: To: Mayor & City Council ~ REC~D. JUL 3 0 2002 From: Bruce Freckleton, Engineering Tech III City Of Meridian David McKinnon, Planner IT J:jA City Clerk Office Request for a Final Plat Approval of Marlin Subdivision No. 1 - Eighty-two (82) Building Lots and Four (4) Other Lots on 23.25 Acres in an R-4 Zone (Approved as a Planned Development) by the W. H. Moore Company (File No. FP 02-015) Re: We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: ~ APPLICATION SUMMARY & LOCATION This is the first of two (2) proposed phases of Marlin Subdivision, located on the east side of Linder Road, adjacent to and directly north. of 1-84. The first phase of the subdivision includes two large park/open-spaces, pathways, the entire Linder Road and 1-84 landscape buffer/berms and the completion of a street CW. Verbena Drive) that will connect Marlin Subdivision to the Landing Subdivision. The gross density of Phase NO.1 is 3.5 dwelling units/acre. The large majority of 'the lots within the subdivision do not meet the minimum lot dimensions as required by the Meridian City Code, but because the subdivision was approved as a Planned Development the reduced lot sizes are allowable. Additionally, minimum house sizes within the subdivision have been reduced for some lots from between 1,400 square feet and 1000 square feet. The property is located in an area that was designated as "Mixed! Planned Use Development" in the 1993 Comprehensive Plan SITE SPECIFIC REOUIRE:MENTS 1. Applicant is to m~et all terms of the approved preliminary Plat~ditional use permit.-antf. r--develt>pment-agrcement 2. If the pressurized irrigation system within this development is to remain a private homeowners association system, complete plans and specifications shall be reviewed by the Public Works Department as part of the development plan review process. A draft copy of the pressurized irrigation system O&M manual must be submitted prior to plan approval. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a FP-OZ-015 Marlin Sub No.1 GJ.:b1 :A" lorA{ Mayor and Council July 23, 2002 Page 2 creek or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the Meridian City Engineer. 3. Street signs are to be in place, water system shall be approved and activated, pressurized irrigation system approved and activated, drainage lots constructed, fencing installed, and road base approved by the Ada County Highway District prior to applying for building permits. All development improvements, including playground equipment and landscaping shall be installed and approved prior to obtaining certificates of occupancy. A letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 4. Modify the plat to include the minimum house size that can be constructed on each lot within the subdivision (pursuant to Condition #5, pg. 4 of the Findings of Fact and Conclusions of Law for the Preliminary Plat). 5. Sanitary sewer service and municipal water to this site shall be via extensions :from existing mains installed adjacent to the proposed subdivision. Applicant will be responsible to construct the sewer and water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department 6. The soils investigation, report submitted with the application indicates that groundwater was encountered at some fairly deep depths within the project site. Design engineer to provide a statement of compliance, prior to the approval of development plans, that certifies that the centerline finish grade of the- streets, public or private, is at least three feet above the established normal ground water elevation. This is an effort to ensure that the building footings are at least one foot above the high' groundwater. 7. Correct the numbering of Block 3 to include the now missing Lot 13. 8. The following notes shall be added to the face of the plat: 7) Fencing adjacent to the micro path adjacent to Lots 9 and 10 of Block 1 shall be limited in height to a four (4) foot tall solid fence. 8) This plat is subject to the Right to Farm Act Idaho Code 22-4503. 9) A lO-foot wide permanent public utilities, drainage, and irrigation easement is designated to be centered on all interior lot lines, unless otherwise dimensioned 9. Complete the Certificate of Owners and accompanying Acknowledgment. 10. The Land Surveyor preparing the plat shall affix his official seal, signature and date to the face of the plat and Certificate of Surveyor. FP-02-o 15 Marlin Sub No.1 6lt.'blf "II" c:l oP~ . Mayor and Council July 23, 2002 Page 3 11. Staff's failure to cite specific ordinance provisions or terms of the approved preliminary pla~ (f7...- conditional use permit, Of development-agl.t::emerrt- does not relieve Applicant of responsibility for compliance. 12. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. 13. Any drainage areas (detensionJretension basins) must be designed 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. 14. Submit page two of the plat to the public Works Department for review. 15. Place the missing 'lS.-inch pin symbol on the northeast corner of Lot 32, Block 5, and the misplaced 'lS.-inch symbol on the southeast corner of Lot 6, Block 5. 16. If possible, please provide a written response to each of these comments, both site specific and general, by noon on Thursday, August 1st. GENERAL REOUIRE:MENTS - 1. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13 . Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with . written confirmation of said approval submitted to the Public Works Department. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 3. Two-hundred-fiftyand lOO-watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. Street light contractor to obtain design and permit from the Public Works Department prior commencing installations. 4. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 5. Submit "Final" letter from the Ada County Street Name Committee, approving the subdivision and street names. Make any corrections necessary to conform. 6. Sewer and water mains shall be extended to and through the proposed development. FP-02-O 15 Marlin Sub No.1 l:it.J.ib,y "A- .Jo; Aj Mayor and Council July 23,2002 Page 4 7. Applicant's engineer will be required to submit a signed, stamped statement certifying that all street finish centerline elevations are set a minimum of three feet above the highest established normal groundwater elevation. 8. Coordinate fire hydrant placement with the City ofMeridianfs Water Works Superintendent. 9. Provide five-foot-wide sidewalks in accordance with City Ordinance Section 12-5-2.K, except where the four-foot detached sidewalks have been otherwise approved through the Planned Development. Sidewalks are to provide a clear five-foot-wide walkway pathway without encroachment of mailbox structures. FP-02-O 15 Marlin Sub No. I /iM,'h,.-/ "fI" 4/ ofJ/ BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF CAPITAL DEVELOPM.ENT FOR APPROVAL OF FINAL PLAT FOR BALDWIN PARK SUBDIVISION NO.1, LOCA TED 1/4 MILE SOUTH OF WEST McMILLAN ROAD, EAST OF NORTH LINDER ROAD, MERIDIAN, IDAHO C/C 08/06/02 ) ) ) ) ) ) ) ) ) ) ) CASE NO. FP-02-016 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Meridian City Code S 12-3-7 on August 6, 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 of the Planning and Zoning Department, and Bruce Freckleton, Engineering Technician III, listing 9 General Requirements and 17 Site Specific Requirements, which are herein found fair and reasonable, and that Brad Hawkins-Clark of the Planning and Zoning Department, and Steve Arnold, 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 "BALDWIN PARK SUBDIVISIONl1 as evidenced in Plat bearing: "PLAT OF BALDWIN PARK SUBDIVISION NO.1, A PORTION OF THE NW /4 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BALDWIN PARK SUBDIVISION / (FP-02-016) - ] OF SECTION 36, TAN., R.l W., B.M., MERIDIAN, ADA COUNTY, IDAHO 2002, BRIGGS ENGINEERING, INC., SHEET 1 OF 2, #0704 \0704-PLT.DWG BKB 07/01/02, HANDWRITTEN DATE: 7/1/02, CAPITAL DEVELOPMENT, INC.", Capital Development, Developer, is Conditionally Approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Bmce Freckleton, Engineering Technician III, and David McKinnon Planner for the Planning and Zoning Department, dated July 31, 2002, listing 9 General Requirements and 17 Site Specific Requirements, a tme and correct copy of which is attached hereto marked Exhibit "A", and consisting of four pages, and by this reference incorporated herein, also attached hereto is Steve Arnold of Briggs Engineering response letter to the staff comments dated August 6, 2002 and marked as Exhibit "B", and consisting of two pages, and pursuant to Brad Hawkins-Clark response memo dated August 6, 2002, a copy of which is attached hereto as Exhibit "C", consisting of two pages, in response to the applicant's response letter, to clarify item numbers 2, 3, 8, and to add a new number 18 under Site Specific Requirements and to clarifY item 1 under the General Requirements, and the additional requirements from the action of the Council taken at their August 6, 2002 meeting as follows, to-wit: 1.1 As noted on the staff comments attached hereto as Exhibit "A " and consisting of four pages, and as noted in Steve Arnold's of Briggs Engineering response letter dated August 6, 2002, attached hereto as Exhibit "B", and consisting of two pages, and pursuant to Brad Hawkins- Clark's response memo back to the applicant dated August 6, 2002, attached hereto as Exhibit "C", and consisting of two pages, and in particular to clarify the Site Specific Requirements numbers 2, 3, 8, adding a new item 18, and under the General Requirements clarifying item 1, which shall now read as follows: ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BALDWIN PARK SUBDIVISION / (FP-02-016) - 2 SITE SPECIFIC REQUIREMENTS: Number 2 shall now read as follows: 2. The applicant is intending to construct the pressure irrigation system to Settlers Irrigation District Standards. The system is being proposed as a private system (homeowners association), plans and specifications for the iiTigation system shall be reviewed by the Public Works Department as part of the development plan review process. A draft copy of the pressurized irrigation system 0& M manual must be submitted prior to plan approvaL The City of Meridian requires that pressurized iiTigation systems be supplied by a year-round source of water. If a creek or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the Meridian City Engineer. If City water is proposed as a secondmy source, developer shall be responsible to pay water assessments for the entire common open area. Number 3 shall now read as follows: 3. Street signs are to be in place, water system shall be approved and activated, pressurized ltTigation system approved and activated, drainage lots constmcted, fencing installed, and road base approved by the Ada County Highway District prior to applying for building permits. All development improvements, including fencing, micro-paths, irrigation, and landscaping shall be installed and approved prior to obtaining certificates of occupancy. A letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, pressurized iiTigation, sanitary sewer, water, etc., prior to signature on the final plat. In the event of weather restriction, the applicant shall be allowed to bond for all required development improvements, including fencing, micro- paths, irrigation, and landscaping, prior to final occupancy of any unit. In any case, improvements shall be made as weather penllits. Number 8 shall now read as follows: 8. 14) Fencing adjacent to the micropath adjacent to Lots 14 and 16, Block 1 shall be limited in height to a four (4) foot tall solid fence. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BALDWIN PARK SUBDIVISION I (FP-02-0 16) - 3 ( New condition Number 18 shall read as follows: 18. A permanent, six (6) foot fence, either wood or open vision, shall be constructed along the rear lot lines of Lots 16 - 21, Block 4, and either a four (4) foot solid fence or open vision fence be constructed along the real lot lines of Lots 12 - 14, Block 4. No permanent fence shall be required along the southern boundary of the subdivision. Said fencing shall be installed prior to issuance of any building permits. GENERAL REQUIREMENTS: Number 1 shall now read as follows: 1. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12- 4-13 if allowed by Settler's Irrigation District, and there shall be a note added on the Final Plat with a reference to Settler's Irrigation District's preference ofleaving the drain open at this time. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 1.2 The Central District Health Department 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 storm water 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 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. Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, May 2000. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BALDWIN PARK SUBDIVISION I (FP-02-016) - 4 1.3 The Meridian Fire Department requires the following: 1.3.1 That a fire flow of 1,000 gallons per minute shall be available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1.3.2 Operational fire hydrants and temporary or permanent street signs are required before combustible constlUction begins. 1.3.3 The roadways shall be built to Ada County Highway Standards and have a back-to-back measurement of 3 6'. 1.3.4 All radii shall be 28' inside and 48' outside radius. 1.3.5 All cul-de-sacs to be a 50' radius. 1.3.6 Insure that all yet undeveloped parcels are maintained free of combustible vegetation per section 1103.2.4 of the Unifoml Fire Code. 1.3.7 Provide a second emergency access point which is 20' wide until the project is tied into another project to back into West McMillan. 1.4 The Settler's I1Tig?tion District has the following requirements and/or issues as follows: 1.4.] The property that was part of the Howarth Farm, which contains the shop, must continue to have irrigation access either through a gravity irrigation system or from the subdivisions proposed pressurized irrigation system. 1.4.2 The White Drain easement requested is 60', however, the District is with the understanding that only 50' of the easement is located within the subdivision's propelty. Therefore, the District would request a 50' easement from Baldwin Park Subdivision and the remaining 10' would be obtained from the adjacent property owner to the south. 1.4.3 The Coleman Lateral will require a 30' easement and tiled with RCP sized for 15 cfs. The Coleman Lateral will be the source of irrigation water for this development. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BALDWIN PARK SUBDIVISION I (FP-02-0 16) - 5 ( 1.4.4 A storage reservoir is needed. According to the District specifications, if the water supply can not meet system demands on a 12 hour schedule then a reservoir would be needed to accommodate for peak demand. The understands that a reservoir has additional cost implications, however, it does ensure a sufficient water supply (especially in low water years) along with adequate pressure throughout the entire system by following a rotation schedule. This requirement will give the homeowners adequate water supply during the irrigation season, and allow Settler's Irrigation District to operate and maintain the system in a professional manner. 1.4.5 The original easement granted to Settler's Irrigation District for the White Drain might be able to use the easement as an access to the pump station. However, the pump station should not be located within the White Drain easement. 1.4.6 A license agreement needs to be signed and recorded prior to construction. 1.5 The Meridian Police Department's comments are as follows: 1.5.1 The Police Department cautions that the current structure on Linder Road, nOlih of Us tick, will need improvements with the continued developments of this type along the corridor. 1.6 The Meridian Water Department's comments are as follows: ] .6.1 The Department can supply water to the project via the 12" main at U stick and Linder which can be extended north. 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 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BALDWIN PARK SUBDIVISION / (FP-02-016) - 6 guaranteeing the completion of off-site and required on-site improvements. By action of the City Council at its regular meeting held on August 6, 2002. o ERT D. CORRIE ayor, City of Meridian Copy served upon Applicant, the Planning and Zoning Department, Public Works Department, and City Attomey. ByJl~..:- p~. {) CIty Clerk Dated: ~-.l g ,-1l2- Z:\Work\M\Meridian\Meridian I 5360M\Baldwin Park Sub FP02.0 16\OrdcrFP.doc ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BALDWIN PARK SUBDJVISION / (FP-02-016) - 7 MAYOR Robert D. Come HUB OF TRE4SURE VALLEY A Good Place to Live GiG g - Lo -0'2- J iwvlrLo. )+ CITY COUNCIL MElYlBERS William LNl Nary Keith Bird Tammy deW~rd Cberie McCandk'S5 CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 . F.<\-\: (208) 887-48l3 City Clerk Office Fax (208) 888-4218 MEMORANDUM: To: Mayor & City Council ~ July 31 2002 .!~ECE1VE~[) Prom: Bruce Preckleton, Engineering Tech III DavidMcKinnon,PlannerlI ~JA CITY OF r,JjERIDIAN JJV\ CITY r:: !=:RK OFFrC~ Request for a Final Plat Approval of Baldwin Park Subdivision No. 1 - Thirty- Eight (38) Building Lots and Seven (7) Other Lots on 13.72 Acres in an R-8 Zone by Capital Development (File No. FP 02-016). . ; ~J ~ 2~:~J'2 Re: We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICA TION SUMMARY & LOCATION This is the frrst phase of Baldwin Park Subdivision, located on the east side of Linder Road, approximately Y:z a mile north of Us tick Road. The first phase of the subdivision includes a 38 single family building lots and a large park/open-space lot (Lot 1, Block 5) located in the center of this phase. The gross density of phase No, 1 is approximately 2.7 dwelling units/acre. The subdivision is located in an R-8 zone, and all lots within the subdivision meet all of the minimum lot requirements of the R-8 zone. The minimum house size within the subdivision is 1,301 square feet, not including the garage. SITE SPECIFIC REQUIREMENTS 1. Applicant shall meet all terms of the approved preliminary plat and development agreement. 2. Th pressurized irrigation syst is to be owned and Distr , The City of Meridian r uires that pressurized' "gation systems be upplied by a year-ro d source of water. If a cre or well source is not a ilable, a single-poin connection to the cuI ary water system shall required. If a single-p int connection is u "lized, the developer sn 11 be responsible for the ayment of assessments r the common areas rior to signature on th al plat by the Meridi City Engineer. Se.e.. r~ ~ rp [a..; () n:i<er ~ cjO-( tf,. c.a..:h....tw1 .. 3. Street signs are to be in place, water system shall be approved and activated, pressurized irrigation system approved and activated., drainage lots constnIcted, fencing installed, and road base approved by the Ada County Highway District prior to applying for building permits. All development improvements, including fencing, micro-paths, irrigation, and landscaping shall FP-02.0 [6 Baldwin Park Sub No.1 tJlA.b'l "1/" I cll/ Mayor and Council July 23, 2002 Page 2 be installed and approved prior to obtaining certificates of occupancy, A letter of credit or cash surety in the amount of 110%. will be required for all fencing, landscaping,.,)?ressurized ~ irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 5 ee. r-t n.cJ P l ~rcle( fllv (I Ja...n~~~ :0 4. Fencing adjacent to the proposed micro-path(s) shall be no higher than four (4) 'teet' in height if the fence is sight-obscuring. 5. Modify the following plat notes in the manner noted below: 8. . ..a minimum 0 f l-;4OO- 1,301 square feet... 10... . and Lots 1 &-4 block 5 are non-buildable. . .. 12. Lot U-22. Block 4 is a... 6. Sanitary sewer service to this site shall be via the White Drain Trunk. Applicant will be responsible to construct the sewer mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department 7. Municipal water service to this site shall be via main line extensions from existing mains in Ustick Road. Applicant will be responsible to construct the water mains to and through this proposed development. 8. The following notes shall be added to the face of the plat: See. h' ncJ P [cJ- 14) I;dfdng adj~ to the 1rjki'0 path ~t to Lot?f4, J 5 and 2240ck J shaf([,hPf~ linfited in hejght to afour #J foot tall sptidfence. / 7-J -- ,/' 0af'1"t" 9. Complete the Certificate of Owners and accompanying Acknowledgment. 10. The Land Surveyor preparing the plat shall affix his official seal, signature and date to the Certificate of Surveyor. 11. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. 12. Any drainage areas (detension/retension basins) must be designed 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. 13. Lot 13, Block 4 doesn't meet the minimum frontage required by ordw..ance, Please make adjustments necessary to provide a minimum of 40-feet as measured on the chord. Lot 12, Block 4 can be adjusted down to a minimum of35-feet. 14. Add recording info to the existing 16-foot wide City of Meridian sanitary sewer easement. FP-02-016 Baldwin Park Sub No. I &;",.',.1 ''/1'',,3.0/''; Mayor and Council July 23, 2002 Page 3 15. Easement width along the north side of Lots 2,9, and 20, Block 5, and the west side of Lot 16, Block 4 shall be increased from 5-feet, to a width agreeable to the Settler's Irrigation District for the installation and maintenance of pressurized irrigation mains. Provide evidence of Settler's Irrigation District approval of easement width prior to signature on the final plat. 16. Staff's failure to cite specific ordinance provisions or terms of the approved preliminary plat, conditional use permit or development agreement does not relieve Applicant of responsibility for compliance. 17. Please respond in writing to all of the requirements contained herein, both specific and general, by noon August 6th, 2002. 01 ... _ 0... . _ . f^ ~ r' /9.. See..- F (' naJ P loJ.. (5}rd e..(" +0 ( ish'€.. Cld..cLL't-1 0(\ O'f- {..h. ~ S hew ~ GENitRAL REQUIREMENTS 1. All irr'gation ditches laterals or canals, exclusive of natural waterways, intersecting, crossin~ or lyin adjacent and c ntiguous to the are~being subdivided shall be tiled per City Ordinance 12-4-13. Plans will n d to be approved the appropriate irrigati~nLdrainage district, or lateral u rs association, ith written co tion of said approval suJ2.rp.ittll( to the Public , ~ WorksDe artment. Se.. FlrlQ../{ 'Pial- C9(clr~.Wl~ ~~ a:.d-d.(,"J-,~ Ci:m-L~ W ~ 1Tt:AY\.. q. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 3. Two-hundred-fifty and 100-watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. Street light contractor to obtain design and permit from the Public Works Department prior commencing installations. 4. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 5. Submit "Final" letter from the Ada County Street Name Committee, approving the subdivision and street names. Make any corrections necessary to conform. 6. Sewer and water mains shall be extended to and through the proposed development. 7. Applicant's engineer will be required to submit a signed, stamped statement certifying that all street finish centerline elevations are set a minimum of three feet above the highest established normal groundwater elevation. 8. Coordinate fire hydrant placement with the City of Meridianfs Water Works Superintendent. FP-{l2-O 16 Baldwin Park Sub No.1 G6Ja,'JJ,'f "Alia DPA/ Mayor and Council ( July 23, 2002 Page 4 9. Provide five-foot-wide sidewalks in accordance with City Ordinance Section 12-5-2.K. Sidewalks are to provide a clear five-foot-wide walkway pathway without encroachment of mailbox structures. FP.02-0 16 Baldwin Park Sub No.1 ji,J",'h,o,J."Jf" 'I M'I nuu 1:JU CJ'c. .L.c....-,-w . .... ....... ,~ ...,~ ~ '-l....~..,..... . - ----"- --~ ~ _r~""NP,~ E'NGII~/PL."_.$/SUlVEYORS 18(; Sor. Vc Fll stev~ 'NW'o\ C. \t '6- Olo~02. l-kvv\ 110. 14 August 6, 2002 FAXED DIRECT Shari Stiles. Planning Director Meridian Planning and Zoning 660 E. Watertower. Suite 202 Meridian, Id 83642 RE: Baldwin Park Subdivision No.1 RECEIVED AUG 0 6 2002 City OfMerid.ian City Clerk Oftice Dear Shari, I have reviewed the Final Pfat staff report for Baldwin Park and have the following comments as required by Site Specific No. 17: Site Soecif},c Conditions: 1. rhe applicant has complied with aIJ the conditions of the preliminary plat and development agreement. . 2. The applicant is intending to construct the pressure irrigation system to Settfers Irrigation District standards. However, we would request 1he ability to reserve the option to have a Homeowners Association operate and maintain the pressure irrigations system in case we cannot design th.e system to Settlers Irrigation District standards. 3. The applicant will comply. 4. The fencing adjacent to Micro Paths win be constnJcted no higher than 4-feet in height. 5. The final plat will be modified accordingly. 6. The applicant wift construct sewer mains to and through this development 7. The applicant will cormruct water mains to and through this development. 8. It appears 1hat the lot numbering is incorrect. I believe that it should state Lot 14, and 16, Block 4. Those are the lots adjacent to the micro path. Ana there is only a north/south portiOn of lot 22, Btock 4 that has a micro path. This should be clarified in the staff report. 9. The applicant wit! comply. 10. The applicant wJII comply. 11. The applicant win comply. 12. The applicant win comply. 13. The applicant witl comply. 14. The applicant will comply. 15. The applicant wilt provide an easement that is agreeable by Settle1S Irrigation District 16. Understood. 0104/Finnl Plllt Response RUG 86 '02 12:34 PAGE.al 6J,.'/;,y. "8" 101.:1.. 17. J will try and hil\le the comments to the City by noon. ( General ReauirllmeJ1tS:. 1. The Irrigation District will not allow us to pipe the White Dlaln. This was discussed at our preliminary plat hearing and we understood the City Council required the developer to comply with the conditions of the Settlers Irrigation District. We respectively request that if the Irrigation District requires the developer to leave the ditch open, the City not require the developer to pipe the Ditch. 2. The appliCant will comply. 3. The applant will comply, 4. The applicant will comply. 5. The applicant win comply. 6. The applicant will comply. 7. ,he applicant will comply. 8. The applicant will comply. 9. The applicant will comply. The applicant concurs with the Staff report with the clarifications as mentioned above with Site SpecifIC No, 2 and No. at and the change with the General Condition No.1. I will be available for verbal testimony at tonighfs hearing if requested. Sincerely AUG e6 '02 1.2:34 TOTRL P.02 PAGE. 02 ** TOTAL PAGE.02 ** 6Ja,iJ,'1'1 8'1 ~trI.;.. .~- ~""""-''''''''''~'''''~~~~J:;"!"'t:~7~_ / . , City of Meridian , Planning & Zoning , . , ' Memo To: Mayor & City Council From: Brad Hawkins-Clark, Planner ~c- cc: Briggs Engineering, City Clerk Date: 8/6/2002 Re: Baldwin Park Final Plat (File #FP..o2-016) F,ECEIVED AUG 0 6 2002 CITY OF MERIDIAN The following is in response to today's memo from Steve Arnold of Briggs Engineering regarding Staffs proposed Final Plat conditions for the subject plat. Site Specific Conditions 2. Staff recommends the Applicant commit, prior to Phase One final plat approval by City Council, to one or the other system ownership. If the P.1. system is to be owned by the Homeowner's Association, this condition shall be modified as below. If the system is to be owned and maintained by Settler's Irrigation, the condition shall remain as is. (Optional condition if system owned by HoA) - "If the system is being proposed as a private system (H.G.A.), plans and specifications for the irrigation system shall be reviewed by the Public Works Department as part of the development plan review process. A draft copy of the pressurized irrigation system O&M manual must be submitted prior to plan approval. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a creek or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the Meridian City Engineer. If City water is proposed as a secondary source, developer shall be responsible to pay water assessments for the entire common open area." 8. Staff agrees with Applicant. Condition should be re-worded as follows: "14) Fencing adjacent to the micropath adjacent to Lots 14 and 16, Block 1 shall be limited in height to a four (4) foot tall solid fence." . Page 1 GY.Jt,iJ,y -(3, II I ",,:)... 18. (new) Staff recommends adding the following new condition: "A pennanent, six t foot fence, either wood or open vision, shall be constructed along the rear lot lines of Lots 16 - 21, Block 4, and either a four (4) foot solid fence or open vision fence be constructed along the rear lot lines of Lots 12 - 14, Block 4. No permanent fence shall be required along the southem boundary of the subdivision. Said fencing shall be installed prior to issuance of any building permits." General Requirements 1. The City has not yet received a written statement from Settlers Irrigation District requiring the White Drain remain open. However, during both the P&Z Commission and City Council public hearings on Baldwin Park, it was discussed that the drain remain open. Since a Planned Development application was not submitted as a part of this development, the City Council must fonnally grant a waiver to allow the White Drain to remain open. . Page 2 b.A:b,,/"e" d.O.p,;z. ? 11.o.sc:- lJos-t -[:;( ?vJyUc 1wbCR- - T/-zWYlJS( CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, August 6,2002, at 6:30 p.m. City Council Chambers 1. RolI~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 9, 2002 City Council Special Meeting: B. Approve minutes from July 9, 2002 City Council Joint Workshop: C. Approve minutes from July 16, 2002 City Council Regular Meeting: D. Tabled from July 2, 2002: Findings of Facts and Conclusions of Law: 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 I I Partnership - west of South Eagle Road and south of East Victory Road: E. Tabled from July 2, 2002: Findings of Facts and Conclusions of Law: PP 02-006 Request for Preliminary Plat approval of 455 singJe- family lots, 38 common lots and 1 other lot on 190.47 acres in a proposed R-4 zone for proposed Tuscanv Lakes Subdivision by Gem Park II Partnership - west of South Eagle Road and south of East Victory Road: F. Tabled from July 2, 2002: Findings of Facts and Conclusions of Law: CUP 02~006 Request for a Conditional Use Permit for a Planned Unit Development consisting of 353 buildable lots and 31 common lots on 138.88 acres for proposed Tuscany Lakes Subdivision by Gem Park II Partnership - west of South Eagle Road and south of East Victory Road: G. Findings of Facts and Conclusions of Law: V AR 02-007 Request for a Variance for reduced setback from ten feet to five feet on the side of a home with a dormer on the second level by KW Homes - Lot 28 Block 4 of Packard Estates No.3, 2641 E. Bernice Dr.: Meridian City Council Agenda - August 6, 2002 Page 1 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 4& hours prior to the public meeting. H. Findings of Facts and Conclusions of Law: AZ 02-004 Request for annexation and zoning of 127.74 acres from RUT to C-G, L-O and R-4 zones for proposed Sutherland Farm by Sutherland Farms, Inc. - east of South Eagle Road and north of East Victory Road: I. Findings of Facts and Conclusions of Law: PP 02-004 Request for Preliminary Plat approval of 308 building lots and 30 other lots on 127.64 acres in proposed L-O, C-G and R-4 zones for proposed Sutherland Farm by Sutherland Farm, Inc. - east of South Eagle Road and East Victory Road: J. Findings of Facts and Conclusions of Law: CUP 02-005 Request for a Conditional Use Permit for a Planned Unit Development for residential, commercial and office park development for Sutherland Farm by Sutherland Farm, Inc. - east of South Eagle Road and north of East Victory Road: K. Findings of Facts and Conclusions of Law: AZ 01-015 Request for annexation and zoning of 34.60 acres from RUT to I-L and L-O zones for proposed Utility Subdivision by Falcon Creek, LLC - 3365 North Ten Mile Road: L. Findings of Facts and Conclusions of Law: PP 01-017 Request for Preliminary Plat approval of 11 building lots on 34.60 acres in proposed 1- Land L-O zones for proposed Utilitv Subdivision by Falcon Creek, LLC - 3365 North Ten Mile Road: M. Order Granting Appeal: AP 01-00 Stop Work Order at 2340 West Franklin Road by Walt Morrow: N. Development Agreement: AZ 01-008 Request for annexation and zoning of 12.71 acres from R1 and RUT to C-G and R-40 zones for proposed Baltic Place Subdivision by L.C. Development, Inc. - Franklin Road west of Locust Grove Road: O. Resolution No. 02-381: Recognizing VallevRide as the regional public transportation authority: P. Award of Contract, 2002 Sewer Cleaning Proiect: Q. Award of Contract, Asphalt Pavement Improvements at Waste Water Treatment Plant: R. Agreement for Professional Services Addendum No.1 - White Drain Sewer Trunk Project, Keller Associates: S. UV Disinfection, Grit Basin and Outfall Project - Tertiary Filter Bypass Change Order: T. South Slough Sewer Project, Sewer Easement - Dixie Roberts: Meridian City Council Agenda - August 6, 2002 Page 2 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. U. South Slough Sewer Project, Sewer Easement - Vern Alleman: V. Snorting Bull (Woodbridge) Subdivision Off-Site Water and Sewer Easement - Paul and Margaret Loree: W. W.H. Moore Consent to Annexation Agreement: Approve Bills: 4. Department Reports 1. Police Department - Mike Worley A. Agreement for Police Testing: 2. Public Works Department - Brad Watson A. 1-84 Sewer Crossing Project Latecomer Agreement - G.L. Voigt: B. Five Mile Sewer Trunk Extension Latecomer Agreement - Sundance Development Company (Silverstone): 5. (Items Moved from Consent Agenda) 6. Resolution No. Plan: Adopting the Comprehensive 7. Continued Public Hearing from July 2,2002: Proposed Comprehensive Parks and Recreation System and Action Plan: 8. Ordinance No. AZ 01-008 Request for annexation and zoning of 12.71 acres from R1 and RUT to C-G and R-40 zones for proposed Baltic Place Subdivision by L.C. Development, Inc. - Franklin Road west of Locust Grove Road: 9. Ordinance No. AZ 02-008 Request for annexation and zoning of 5 acres from RUT to L-O zones for the proposed LOS Stake Center by Lombard Conrad Architects - 2515 W. Ustick Road: 10. VAR 02~009 Request for a Variance from the required number of parking spaces for the Cole Valley Christian School by Jeffrey L. King - 200 East Carlton Avenue: Application withdrawn by Applicant - refund requested 11. FP 02~011 Request for Final Plat approval of 19 building lots and 3 other lots on 11.57 acres in an R-4 and C-N zone for Cherry Crossing Subdivision by Hawkins Companies - northwest corner of West Cherry Lane and North Linder Road: Meridian City Council Agenda - August 6, 2002 Page 3 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office al 888-4433 at least 48 hours prior to the public meeting. 12. Non-Development Agreement for Cherry Crossing Subdivision by Hawkins Companies - northwest corner of West Cherry Lane and North Linder Road: 13. FP 02w015 Request for Final Plat approval of 82 building lots and 4 other lots in an R-4 zone for Marlin Subdivision by W.H. Moore Company - north of 1-84 east of South Linder Road: 14. FP 02-016 Request for Final Plat approval of 38 building lots and 7 other lots on 13.72 acres in an R-8 zone for Baldwin Park Subdivision by Capital Development - ~ mile south of West McMillan Road and east of North Linder Road: 15. Public Hearing: 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: 16. Public Hearing: RZ 02-001 Request for a rezone of .97 acres from L-O to C-G zones for Lot 3 Slack 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: 17. Public Hearing: 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: 18. Public Hearing: 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: Meridian City Council Agenda - August 6, 2002 Page 4 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contlct the City Clerk's Office a1888-4433 at least 48 hOUTS prior to the public meeting. i ** TX CONFIRMATI<.JN REPORT ** l AS OF AUG 05 '0d10:13 PAGE. 01 CITY OF MERIDIAN DATE TIME TO/FROM 02 08/05 10:12 208 343 1858 MODE MIN/SEC PGS CMD~ STATUS EC--S 01'27" 005 251 OK ------------------------~----------------~------~~------------------------------------------ CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, August 6, 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 9, 2Q02 City Council Special Meeting: B. Approve minutes from July 9, 2002 City Council Joint Workshop: C. Approve minutes from July 16, 2002 City Council Regular Meeting: D. Tabled from July 2, 2002: Findings of Facts and Conclusions of Law: 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: E. Tabled from July 2, 2002: Findings of Facts and Conclusions of law; PP 02-006 Request for Preliminary Plat approval of 455 single-family lots, 38 common lots and 1 other lot on 190.47 acres in a proposed R-4 zone for proposed Tuscany Lakes Subdivision by Gem Park II Partnership - west of South Eagle Road and south of East Victory Road: F. Tabled from July 2,2002: Findings of Facts and Conclusions of Law: CUP 02.006 Request for a Conditional Use Permit for a Planned Unit Development consisting of 353 buildable lots and 31 common lots on 138.88 acres for proposed Tuscanv Lakes Subdivision by Gem Park 11 Partnership - west of South Eagle Road and south of East Victory Road: Mccidi... City Council AScno.. - Auguol 6, 2002 Pu!:" I or 5 All m:ueri:lls preseuto<131 public mootingil shall become property of the City of M<ridi~lt .4.n)"One desiring IIllcummo.bLiOl'l for 4isabililio$ relaroo to docu.mtolB nndfor hearinS please COn!'l<;t IlIe City Claic's Office Il.I 88&4433 atlC9.$1. 48 hOUl"'l prior 10 1.b<ll'ublic moClWg, ** TX CONFIRMr. .ON REPORT ** ( AS OF AUG 02 '02~7:29 PAGE. 01 CITY OF MERIDIAN 27 28 29 30 31 32 DATE TIME TO/FROM 08/02 17:18 3810160 08/02 17:21 PUBLIC WORKS 08/02 17:22 2088881193 08/02 17:24 8841159 08/02 17:26 2088840744 08/02 17:28 2088467366 STATUS OK OK OK OK OK OK MODE EC--S UF--S EC--S EC--S EC--S EC--S MIN/SEC PGS 02'04" 004 01'01" 004 01'14" 004 01' 15" 004 01'14" 004 01'15" 004 CMD~ 227 227 227 227 227 227 ----------~------~-~~----------------~--------------------------------~--------------------- ?Lro.se.. <yoSt ~(?Ll0.1ic 1ltJb.ce- Tf{M1JS( CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, August 6, 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 9, 2002 City Council Special Meeting: B. Approve minutes from July 9, 2002 City Council Joint Workshop: C. Approve minutes from JUly 16, 2002 City Council Regular Meeting: D. Tabled from July 2, 2002: Findings of Facts and Conclusions of Law: 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: E. Tabled from July 2, 2002: Findings of Facts and Conclusions of Law: PP 02.006 Request for Preliminary Plat approval of 455 single. family Jots, 38 common lots and 1 other lot on 190.47 acres in a proposed R-4 zone for proposed Tuscanv Lakes SubdivIsion by Gem Park II Partnership - west of South Eagle Road and south of East Victory Road: F. Tabled from July 2, 2002; Findings of Facts and Conclusions of Law: CUP 02-006 Request for a Conditional Use Permit for a Planned Unit Development consisting of 353 buildable lots and 31 common lots on 138.88 acres for proposed Tuscanv Lakes Subdivision by Gem Park II Partnership - west or South Eagle Road and south of East Victory Road: G. Findings of Facts and Conc.lusions of Law; VAR 02-007 Request for a Variance for reduced setback from ten feet to five feet on the side of a home with a dormer on the second level by KW Homes - Lot 28 Block 4 of Packard Estates No.3, 2641 E. Bernice Dr.; Mcridian 00/ Council A&on~a - AugLlS16. ~OO2 Page I of 4 All m"~'ial~ presented at public mectings shall bcwme property of the Cil)' oFM.ridi"n. Anyonc dc.;nns accommodalion for disabilities rclolCd 10 docLlmcn~ 0011/0' hc.rins pic"". C""13C~ Ihc City Clerk's Office ~[ 888-4433 ~lle~sI48 hours prior 10 tllf public mCClingc ** TX CONFIRMRTION REPORT ** 04 05 06 07 08 09 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 DRTE TIME TO/FROM 08/02 16:55 3810160 08/02 16:56 PUBLIC WORKS 08/02 16:57 2088881193 08/02 16:58 8841159 08/02 16:59 2088840744 08/02 17:00 2088467366 08/02 17:01 208 898 5501 08/02 17:02 LIBRRRY 08/02 17:03 92083776449 08/02 17:04 208 388 6924 08/02 17:05 888 6854 08/02 17:06 2083757154 08/02 17:07 8950390 08/02 17:08 Laurel 08/02 17:09 208 387 6393 08/02 17:09 RDR CTY DEUELMT 08/02 17:11 CHERIE MCCRNDLES 08/02 17:12 CHERRY LRNE 08/02 17:13 POST OFFICE 08/02 17:14 208 888 1983 08/02 17:15 Walter R Johnson 08/02 17:15 208 457 9562 08/02 17:17 208 888 6700 RS OF RUG 02 '02 17:17 PRGE.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 EC--S G3--S EC--S EC--S EC--S G3--S EC--S EC--S EC--S CITY OF MERIDIRN MIN/SEC PGS 00'35" 001 00' 15" 001 00'25" 001 00'25" 001 00'25" 001 00'26" 001 00'24" 001 00'29" 001 00'24" 001 00'29" 001 00'25" 001 00'24" 001 00'24" 001 00'25" 001 00'24" 001 00'41" 001 00'28" 001 00'29" 001 00'36" 001 00'31" 001 00'24" 001 00'28" 001 00'24" 001 CMDt:I 226 226 226 226 226 226 226 226 226 226 226 226 226 226 226 226 226 226 226 226 226 226 226 STRTUS OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK ~------~-------------------------------~--------------~~----------------~-------------~----- ?Leo.se.. ?O~t jDy 1JuJoli.~ nof,~(e.. -. 1hCVVLt::S~ :.ri~'''''' . ~ .,t~. -. l~,._l..~;.~ t =._~ .1 olfe;;j/;;':j.\, IDAHO I.~ '^ ,y ~o!' . MA VOR Robert D. Corrie CITY COUNCIL MEMBERS Tammy dcWeerd William L. M. Nary Chelle McCnndless Keilh Bird , .. " . .\W~~ LEGAL DEPARTMENT (208) 2B&.2499 . Filx 28&-2501 PAR.KS & RECREATION (208 886-3579 . P~x 898..550 I PUBLIC WORKS (20&) 898-5500 .Flll( 887-1297 BUILDING DEPARTMENT (20S) 887-221 [ . Fax 887.1297 PLANNING AND ZONING (208) 884-5533 . F::ll:' R88.G854 NOTICE OF SPECIAL MEETING MERIDIAN CITY COUNCIL NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold a Special Meeting at City Hall, 33 East Idaho Avenue, Meridian, Idaho, . -. __-._ . __ ___ _.,;.. _. ..01 ... ** TX CON. MTION REPORT ** AS OF AUG 02 '02 CITY OF MERIDIAN 01 02 03 134 135 135 07 138 09 113 11 12 13 14 15 15 17 DATE TIME TO/FROM MODE MIN/SEC PGS 0€l/02 17: 29 2<18 898 5501 EC--S 01' 14" 004 08/02 17: 31 LIBRARY EC--S 01' 38" 004 08/02 17:33 92083775449 EC--S 01'14" 004 08/02 17:35 208 388 5924 EC--S 01'35" 004 08/02 17:37 888 6854 EC--S 131' 14" 004 08/02 17: 39 2083757154 EC--S 131' 14" 004 08/\32 17:408950390 EC--S 01'13" 004 08/0217:432083875393 EC--S 01'13" 004 08/0217:45 ADA CTY DEVELMT G3--S 02'18" 004 08/02 17'48 CHERRY LANE EC--S 131'35" 004 08/02 17'50 POST OFFICE EC--S 132'03" 004 138/132 17'53 208 888 1983 G3--S 131'42" 1304 08/02 17'55 Waite... R Johnson EC--S 01'14" 004 08/02 17:57 208 4679562 EC--S 01'36" 004 08/13217:59208888 5700 EC--S 01'13" 004 08/02 18:05 CHERIE MCCFiNDLES EC--S 01'32" 004 08/02 18: 15 CHAMBER-COMMERCE ----5 00' 00" 000 THIS DOCUMENT IS STILL IN MEMORY ?Lro.Be.. <yOst ~('PU-Wc-nub'ce- ThaHl~s( CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, August 6,2002, at 6:30 p.m. City Council Chambers 1. Roll-call Attendance: _ Tammy de Weerd Cherie McCandless _ Mayor Robert Corrie _ Bill Nary Keilh Bird 2. Adoption ofthe Agenda: 3. Consent Agenda; A. Approve minutes from July 9, 2002 City Council Special Meeting: B. Approve minules from July 9,2002 City Council Joint Workshop: PAGE. 01 CMDI:l 227 227 227 227 227 227 227 227 227 227 227 227 227 227 227 227 227 STATUS OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK BUSY C. Approve minutes from July 16, 2002 City Council Regular Meeling: D. Tabled from July 2, 2002: Findings of Facts and Conclusions of Law: 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 soulh of East Victory Road: E. Tabled from July 2, 2002: FindIngs of Facts and Conclusions of Law: 1'1' 02-006 Request for Preliminary Pial approval of 455 single. family lois, 38 common lols and 1 other 101 on 190.47 acres in a proposed R4 zone for proposed Tuscanv lakes Subdivision by Gem Park II Partnership - west of South Eagle Road and south of East Viclory Road: F. Tabled from July 2, 2002: Findings of Facts and Conclusions of Law: CUP 02-006 Request for a Condilional Use Permit for a Planned Unit Development consisting of 353 buildable lots and 31 common lots on 138.88 acres for proposed Tuscanv Lakes Subdivision by Gem Park II Partnership - west of South Eagle Road and south of East Victory Road: G. Findings of Facts and Conclusions of Law: VAR 02-007 Request for a Variance for reduced setback from ten feet to five feet on the side of a home with a dormer on the second level by KW Homes - Lol28 Block 4 of Packard Estates No.3, 2641 E. Bernice Dr.: M-c:nrliDn Cit)' Ccune.O Ag:nda - August 6. 2002 Pa&c ] of 4 All n'U.[eti;1l~ prrsmlll'd I:It public mt~rifl.t~ ,hall ~me proptJ'tj orth~ CL'I)' of Meridian. An)'ClllC: dc:~nl1.s I'l.::c;ommlldatioh for db.lbilit~~ te~1.c:d k'l dO=-l.ImcntS .lInd/.Qr hC3.rinG pl<",. .01110.' ,h< CiT)' Clerk', Offi.. .1888-44)) '11."'48 hours prior 10 Ih< pu.li. meeting. ( AS OF AUG 06 '132...5:17 PAGE.01 ** TX CONFIRh. ,ON REPORT ** CITY OF MERIDIAN DATE TIME TO-FROM 04 08-06 23:04 3810160 05 08-06 23:07 PUBLIC WORKS 06 08-06 23:09 2088881193 07 08-06 23:11 92083776449 08 08-136 23:13 888 6854 09 08-06 23:15 2138 888 1983 MODE MIWSEC PGS CMDI=! STATUS EC--S 02'39" 005 022 OK UF--S 01'15" 005 022 OK EC--S 01'29" 13135 022 OK EC--S 01'29" 005 022 OK EC--S 01'30" 005 1322 OK G3--S 132'134" 0135 1322 OK CITY OF MERIDIAN ClTY COUNCIL REGULAR MEETING AGENDA Tuesday. August 6, 2002, at 6:30 p.m. City Council Chambers 1. Roll-call Attendance: ~ TammydeWeerd ~ Bill Nary --X-- Cherie McCandless --K- Keith Bird ----L Mayor Robert Corrie 2. Adoption of the Agenda: 3. Consent Agenda: 5- D. 5- E. a-F. A. Approve minutes from July 9, 2002 City Council Special Meeting: .lJfp loY-G Approve minutes from July 9, 2002 City Council Joint Workshop: /J-tf rvYG Approve minutes from July 16, 2002 City Council Regular Meeting: A-pp rvV6 Tabled from July 2, 2002: Findings of Facts and Conclusions of law: 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 ParI< II Partnership - west of South Eagle Road and south of East Victory Road: ~f7:)Y'V Tabled from July 2, 2002: Findings of Facts and Conclusions of law: PP 02~006 Request for Preliminary Plat approval of 455 single-family Jots. 38 common lots and 1 other lot on 190.47 acres in a proposed R-4 zone for proposed Tuscany lakes Subdivision by Gem Park II Partnership - west of South Eagle Road and south of East Victory Road: ~rvr'e..- Tabled from July 2, 2002: Findings of Facts and Conclusions of Law: CUP 02-006 Request for a Conditional Use Permit for a Planned Unit Development consisting of 353 buildable lots and 31 common Jots on 138.88 acres for proposed Tuscany lakes Subdivision by Gem Park II Partnership - west of South Eagle Road and south of East Victory Road: fir?owve...- B. c. M~ridi.n City Council ....gcn~. - Augu<! 6, 2002 Page I of S All malorial< pr",onlod.l public meeting. <hall bocoma propo<1Y oflh. City "fMeridian. ....nyone dootting a.,COD1lllodal;on for disabilili.. ",luled 10 daoul11enl!lDlldlor ho:wins pI",.. oonl4ct tho Ci1y Clarlc'. Offi.. at 888-+133 a11...5148 hour> prior to tho public mooling. J. ** TX CONFIRMA, ..IN REPORT ** ( AS OF AUG 15 '02 09:51 PAGE. 01 CITY OF MERIDIAN DATE TIME TO/FROM 05 08/15 09:50 Laurel MODE MrN/SEC PGS CMD~ STATUS EC--S 01' 15" 004 227 OK -------------------------------------------------------------------------------------------- ?Le.0.8t- }Iobt -{:;( 'Pu.-WG 1LoD'C!l- ThCtfi1J::S( CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, August 6,2002, at 6:30 p.m. City Council Chambers 1. Roll-call Attendance: _ Tammy de Weerd Chene McCandless _ Mayor Robert Corrie _ Bill Nary Keith Bird 2. Adoption of the Agenda: 3. Consent Agenda: A. Approve minutes from July 9, 2002 City Council Special Meeting: B. Approve minutes from July 9, 2002 City Council Joint Workshop: C. Approve minutes from July 16, 2002 City Council Regular Meeting: D. Tabled from July 2, 2002: Findings of Facts and Conclusions of Law: 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 11 Partnership - west of South Eagle Road and south of East Victory Road: E. Tabled from July 2, 2002: Findings of Facts and Conclusions of Law~ PP 02-006 Request for Preliminary Plat approval of 455 single- family lots, 38 common lots and 1 other lot on 190.47 acres in a proposed R-4 zone for proposed Tuscany Lakes Subdivision by Gem Park Jl Partnership - west of South Eagle Road and south of East Victory Road: F. Tabled from July 2, 2002: Findings of Facts and Conclusions of Law: CUP 02-006 Request for a Conditional Use Permit for a Planned Unit Development consisting of 353 buildable lots and 31 common lots on 138.88 acres for proposed Tuscanv Lakes Subdivision by Gem Park II Partnership - west of South Eagle Road and south of East Victory Road: G, Findings of Facts and Conclusions of Law; VAR 02-007 Request for a Variance for reduced setback from ten feet to five feet on the side of a home with a dormer on the second level by KW Homes - Lot 28 Block 4 of Packard Estates No.3, 2641 E. Bernice Dr.: Mcridinn City Council Agenda - August 6, 1002 Pal:" J of 4 All n"'teTi31~ presented 11ll'ublie meetings shall become prGpeny oflhe City orMeridi~n. ^nyonc de.'liring accom1l1(1dation r(lt dis,bilitics rcll1lCd to cocumcnts and/or hcarint pl=e cont.tt Illc Cily Clerk's Office 01888004433 at le:lSt 48110urs prior 10 tlle public mminc ** TX CONFIRMATION REPORT ** AS OF AUG 06 '02 11:28 PAGE. 01 CITY OF MERIDIAN DATE TIME TO/FROM MODE MIN/SEC PGS CMDt:I STATUS 02 08/06 10:53 PUBLIC WORKS UF--S 00' 15" 001 009 OK 03 08/06 10:54 2088881193 EC--S 00'25" 001 009 OK 04 08/06 10: 55 8841159 EC--S 00'25" 001 009 OK 05 08/06 10:56 2088840744 EC--S 00'24" 001 009 OK 06 08/06 10:57 2088467366 EC--S 00'25" 001 009 OK 07 08/06 10:59 LIBRARY EC--S 00'30" 001 009 OK 08 08/06 11:00 92083776449 EC--S 00'25" 001 009 OK 09 08/06 11:01 208 388 6924 EC--S 00'28" 001 009 OK 10 08/06 11:02 888 6854 EC--S 00'24" 001 009 OK 11 08/06 11:03 2083757154 EC--S 00'25" 001 009 OK 12 08/06 11:04 8950390 EC--S 00'24" 001 009 OK 13 08/06 11:05 Laurel EC--S 00'25" 001 009 OK 14 08/06 11:06 208 387 6393 EC--S 00'24" 001 009 OK 15 08/06 11:07 ADA CTY DEUELMT G3--S 00'41" 001 009 OK 16 08/06 11:08 CHERRY LANE EC--S 00'29" 001 009 OK 17 08/06 11:11 208 888 1983 G3--S 00'30" 001 009 OK 18 08/06 11:12 208 467 9562 EC--S 00'29" 001 009 OK 19 08/06 11:13 208 888 6700 EC--S 00'24" 001 009 OK 20 08/06 11: 17 3810160 EC--S 00'35" 001 009 OK 21 08/06 11:18 208 898 5501 EC--S 00'24" 001 009 OK 22 08/06 11:20 POST OFFICE EC--S 00'35" 001 009 OK 24 08/06 11:28 CHERIE MCCANDLES ----5 00'00" 000 009 BUSY 25 08/06 11:28 JIM JOHNSON ----5 00'00" 000 009 BUSY THIS DOCUMENT IS STILL IN MEMORY ----------------------------------------------~---------------------------------~----------- ~~St ?Ost h)r (tJCA,~LiC Th-6'Ce --{ htvrt tS! MAYOR Robert D. Corrie ~ t" .('........ : .' I: . .'. :~ olfe;;dl:"'?~; \, I ~ IDAHOy ~~ ~/ "tv- J".~II!~l:l nOJ L.ECAl. PEPA RTMENT (208) 28S.2A99' Fax 2B8.250J PARKS & RECREATION (208 888-3579 . Fa;.; 898-550 I PUBl.IC WORKS (2081898-5500 'Fax 887.1297 BU1Wrl'JG DEJ>ARTMEN1' (20a} 88.7-2211' F:lx 887.1297 PLANNING AND ZONING (208) 884-5533 . F::I.l; 888-6854 CITY COUNCIL MEMBERS Tammy tleWt:l:rd Williilm L. M, Nary Cherie McCandless KeIth Bird NOTICE OF SPECIAL MEETING MERIDIAN CITY COUNCIL NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold a Special Meeting at City Hall, 33 East Idaho Avenue, Meridian, Idaho, August 16,2002 MERIDIAN CITY COUNCIL MEETING APPLICANT August 20, 2002 ITEM NO. ::3 - f3 REQUEST Approve minutes from August 6, 2002 City Council Special Meeting AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CJTY 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: n9vV tuff Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. CITY OF MERIDIAN CITY COUNCIL SPECIAL MEETING AGENDA Tuesday, August 6, 2002, at 6:00 p.m. City Council Chambers 1. Roll-call Attendance: X Tammy de Weerd X X Cherie McCandless X X Mayor Robert Corrie Bill Nary Keith Bird 2. Adoption of the Agenda: 3. Executive Session as per Idaho State Code 67-2345 (1)(b)(c)(f): Decisions Made No Meridian City Council Special Meeting Agenda - August 6, 2002 - Page 1 of 1 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Meridian City Council Special Meeting August 6. 2002 The Special Meeting of the Meridian City Council was called to order at 6:00 P.M. on August 6,2002, by Mayor Robert Corrie. Members Present: Robert Corrie, Cherie McCandless, Bill Nary, Tammy de Weerd, and Keith Bird. Others Present: Bill Nichols, Gary Smith, Mike Worley and Sharon Smith. Corrie: I am going to open the City Council Special Meeting on Tuesday, August 6, 2002 at 6:00 P.M. to hold an Executive Session in accordance with Idaho State Code 67-2345 (1) (b) (c) and (f). Executive Session as per Idaho State Code 67~2345 (1) (b) (c) (f): Corrie: I will entertain a motion to go into Executive Session. Nary: Mr. Mayor, I move that we go into Executive Session pursuant to Idaho Code 67- 2345 (1) (b ) (c) and (f). Bird: Second. Corrie: Motion has been made and seconded. Roll-Call vote please, Sharon. Roll-Call: Nary, aye; Bird, aye; De Weerd, aye; McCandless, aye. MOTION CARRIED: ALL AYES. (Members in Executive Session) Corrie: Okay, I'll entertain a motion to adjourn the special meeting. We need to come out of Executive Session. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I move that we come out of the Executive Session. Bird: Second. Corrie: Motion made and seconded to leave the Executive Session. Any further discussion? All those in favor of the motion say aye. MOTION CARRIED: ALL AYES. ( Merldian City Council Special Meeting. August6,2002 Page 2 of 2 Corrie: Okay. Nothing was committed to in the Executive Session and that discussion was noted in the proceedings. I will entertain a motion to close the special meeting at this time. Bird: So moved. De Weerd: Second. Corrie: Okay. All in favor of closing the special meeting say aye. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 6:40 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) 8 /2-0/02- DATE MAYOR Robert D. Corrie ,~ ~~ clfe;;dI5~ \, ~ IDAHO ~ .A f :\-~ /- ~R,~Q'"CE \ HOJ LEGAL DEPARTMENT (208) 288-2499 . Fax 288.2501 PARKS & RECREATION (208888-3579' Fax 898-5501 PUBLIC WORKS (208) 898-5500 'Fax 887.1297 BUILDING DEPARTMENT (l08) 887-2211' Fax 887-1297 PLANNING AND ZONING (208) 884.5533 . Fax 888-6854 CITY COUNCIL MEMBERS Tammy deWeerd William L. M. Nary Cherie McCandless Keith Bird NOTICE OF SPECIAL MEETING MERIDIAN CITY COUNCIL NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold a Special Meeting at City Hall, 33 East Idaho Avenue, Meridian, Idaho, on Tuesday J August 6, 2002 at 6:00 P.M. The Meridian City Council will hold an Executive Session (the session is closed to the public) in accordance with Idaho State Code 67-2345 (1) (b), (c), and (t). The public is welcome to attend the special meeting but the executive session will be closed to the public. ShMUV( , SEAL SHARON SMITH, DEPUTY CI~Y C ~B.K >~~ 0 ! ~"10 ~sr 1Si ~ ~.$" -;..,,/ '1 ~ ,r\t:' ,~ ............. 0r~ ~ t ~ . ..-.......~ ......\.... ~-':'-" II/t/ . .' 1.,.....\. DATED this 30th day of July, 2002. Meridian City Coundl Special Meeting - August 6, 2002 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and I or hearings, please contact the City Clerk's Office at 888-4433 at least 72 hours prior to the public meeting. 33 EAST IDAHO. MERIDIAN, IDAHO 83642 (208) 888-4433 . Fax (208) 887-4813 . City Clerk Office Fax (208) 888.4218 . Human Resources Fax (208) 884.8723 ~leDlr, \Jo9,t JVv ~UJ0\;:~ flot.'Ce., 1,:'/hCVVL~S( MAYOR Robert D, Corrie .~ .~Tr~' +~: ~ Pt-!'I~.,. .)1: cM;;;;d/::~~'; '\ ~ IDAHO j~ A /Y ~i' , f ~,,~qIN[E ! 1903 LEGAL DEPARTMENT (208) 288-2499 . Fax 288-250 J PARKS & RECREATION (208 888.3579 . Fax 898.550 J PUBLIC WORKS (208) 898-5500 'Fax 887-1297 BUILDING DEPARTMENT (208) 887-2211 . Fax 887-1297 PLANNING AND ZONING (208) 884-5533 . Fax 888-6854 CITY COUNCIL MEMBERS Tammy deWecrd William L M. Nary Cherie McCandless Keith Bird NOTICE OF SPECIAL MEETING MERIDIAN CITY COUNCIL NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold a Special Meeting at City Hall, 33 East Idaho Avenue, Meridian, Idaho, on Tuesday, August 6,2002 at 6:00 P.M. The Meridian City Council will hold an Executive Session (the session is closed to the public) in accordance with Idaho State Code 67-2345 (1) (b), (c), and (t). The public is welcome to attend the special meeting but the executive session will be closed to the public. DATED this 30th day of July, 2002. \\\,\llIlIlrll// \\\ Mill "'\'.J of ffT!..'.., ,I!!!" " ~ \ <..1;-<'7 "" ......' ct ap().<). . - 71- ~. ~ cP" ~''''ll~ ~ [~ 0 % StL [t/&6'/Z ~ SEAL ~ SHARON SMITH, DEPUTY CI"(Y C :bBK , ~ 2 ~ ~ ~v '0 "- ~ 0 '&r 151 . ~ ~ "/..... ~ ..-' \('l' ,,,..... ~~/I' Or~~ n ~'..'....,.' "I~, .~\ lIt .. . . I .~." Meridian City Council Special Meeting - August 6, 2002 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and I or hearings, please contact the City Clerk's Office at 888-4433 at least 72 hours prior to the public meeting. 33 EAST IDAHO. MERIDIAN, IDAHO 83642 (208) 888-4433. Fax (208) 887-4813 . Citv Clerk Office Fax (2mn RRR-4)IR . HIlr'nnn R...fll1Trf>. F',,~ nmn RR4.R7?1