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HomeMy WebLinkAbout2002-01-15 CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, January 15, 2002, at 6:30 p.m. City Council Chambers 1. Roll-call Attendance: X Tammy de Weerd )( =r Cherie McCandless --v- . -A- Mayor Robert Corrie 2. Adoption of the Agenda: Bill Nary Keith Bird 3. Consent Agenda: 5-D. !J ~ E. f7 - F. A. Approve minutes of December 18, 2001 City Council Regular Meeting: c:LFrroVR- Approve minutes of January 2, 2002 City Council Regular Meeting: Ovf'p-rv v.e- Tabled from December 18, 2001: Five Mile Trunk Latecomer Agreement:.fr{~ Ie 2~.? -tl Z Tabled from January 2, 2002: Findings of Fact and Conclusions of Law for Approval: CUP 01-029 Request for a Planned Unit Development for a private RV storage and reduced lot sizes in an R-8 zone for proposed Kodiak Subdivision by Kodiak Development, LLC - 2435 South Meridian Road: re -- /l M--U- firr- pi /1..- f'or Feb. I q IJ:; 1jt;7t;J Z )11'; Tabled from January 2, 2002: Findings of Fact and Conclusions of Law for Approval: VAR 01-019 Request for a Variance to exceed 1,000 feet maximum length requirement and to allow the public road being proposed to exceed 450 feet maximum length requirement in an R-8 zone for Kodiak Subdivision by Kodiak Development, LLC - 2435 South Meridian Road: re-tL-olicR../fVJ- jJlh ftr-t- reb./C/17/ Zoc:>2-I1.,1y Tabled from January 2,2002: Order of Remand to Planning and Zoning: PP 01-016 Request for Preliminary Plat approval of 28 building lots and 5 other lots on 5.4 acres in a proposed R-8 zone for proposed Kodiak Subdivision by Kodiak Development, LLC - 2435 South Meridian Road: re -~f1of/u- ~ ;J / A ..,tirv r-e 6 < 19 tJ;, 2190 2- /1~ Meridian City Council Agenda - January 15, 2002 Page I ofl 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 lhe City Clerk's Office at 888-4433 alleast 48 hours prior to the public meeting. B. c. G. Tabled from January 2, 2002: Findings of Fact and Conclusions of Law for Approval: VAR 01-018 Request for a Variance for maximum subdivision block length of 1,000 feet in an R-8 zone for Macaile Meadows by Hillview Land Development, LLC - south of East Fairview Avenue and west of North Cloverdale Road: c2 Ptro V'-O H. Tabled from January 2, 2002: Findings of Fact and Conclusions of Law for Approval: FP 01-020 Request for Final Plat approval of 115 building lots and 19 other lots on 28.58 acres in an R-8 zone for Macaile Meadows by HiIlview Land Development, LLC - south of East Fairview Avenue and west of North Cloverdale Road: clf'1Y"D V-L.- I. Tabled from January 2, 2002: Findings of Fact and Conclusions of Law for Approval: PP 01-019 Request for Preliminary Plat approval of 115 building lots and 10 other lots on 29.93 acres in an R-4 zone for proposed Woodbridge No.2 by Woodbridge Community, LLC - east of South Locust Grove Road and south of East Franklin Road: aPJ{?-y'-1J v.z... 5' - J. Tabled from January 2, 2002: Findings of Fact and Conclusions of Law for Approval: PFP 01-006 Request for Preliminary/Final Plat approval of 2 building lots on 10 acres in an L-Q zone for Tramore Subdivision by Thomas Development Co. - south of West Pine Avenue and east of North Under Road: &tppnJl/l.€.. 6rI aIYl~ciecL- (;i - K. Tabled from January 2, 2002: Findings of Fact and Conclusions of Law for Approval: CUP 01 ~036 Request for a Conditional Use Permit for the construction of a 72 unit wood frame, three story senior apartment complex in an L-Q zone for proposed Tramore Senior Community by Thomas Development, Co. - south of West Pine Avenue and east of North Linder Road: a;?pi?:JVU<- L. Tabled 'from January 2, 2002: Findings of Fact and Conclusions of Law for Approval: VAR 01-014 Request for a variance for the requirement to record the Final Plat within one year of approval by City Council in an R-4 zone for Pintail Pointe Subdivision by Kelly HunemiUer - south of West Cherry Lane and east of North Black Cat Road: apiJ?YVv<-- M. Revised Ashford Greens No. 5 Storm Drainage Easement t/fffi'./ V<R- 4. Department Reports: P. e;/y Cot.01~ jJref/ctervt- TalYl/htj culv'.e&1.,vU C,/iPV/~fn,J>wf..r Meridian City Council Agenda -January 15, 2002 Page 2 of4 All materials presented at public meetings shall become property ofthe City of Meridian. Anyone desiring 3A:conunodation for disabilities related to documents and/or hearings please contact the City Cleric's Office at 888-4433 at least 48 hours prior to the public meeting. !tJ//u..- <1l1lfl. A/;;;t. - ~)II IlL ;9 /(I'J -t /hvtd'~ - (}l~rlL-Y jJ t!/1jZ- J t nhaACV JJ.e-p t". - /(e;tA ;5.. Fihe..- I un; l t-k- 1 /}eVdOl'f~ - '"/;al ,vi d ~:er-(/IU,f ((,(. hh->tJ . 5. (Items Moved from Consent Agenda) Ordinance No. tJ:2 - tf 34- AZ 01-010 Request for annexation and zoning of .99 acres from R1 to C-G zones for Podiatry Building by Smith Brighton, LLC - 1065 East Fairview Avenue: a;::pr; V'e.- _'] .~ Ordinance No. tJ.?- -q:} b AZ 01-014 Request for annexation and zoning of .66 acres from R-1 to R-8 zones for Ted Cunningham by Ted Cunningham - 125 Blue Herron Lane: dtJf'nlv.e.. ,., Ordinance No. tJ L- - 9 J 6 AZ 01-017 Request for annexation and zoning of .193 acres from RUT to R-4 zones for Packard Acres No.1 by Packard Estates Developers, LLC - east of North Wingate Lane and south of East Ustick Road: til?7'/; V'L Tabled from December 18, 2001: FP 01-015 Request for Final Plat approval of 23 building lots and 5 other lots on 8.15 acres in an R-4 zone for Staten Park Subdivision by D'AJessio Building Development - south of West Ustick Road and North Black Cat Road: ~ bee. /1J ;96. 0 ZOo Z- IM-J.- Public Hearing: CPA 01-001 Request for a text change amendment to the 1993 Comprehensive Plan by Falcon Creek, LLC: Ct9/l,hn?<./! pl/L- fo rei;, /q I /pt/ 2- /~ Public Hearing: CUP 01-028 Request for a CondItional Use Permit for a fast food restaurant with drive-thru in a C-G zone for proposed Wendy's by Wenco, Inc. - northwest intersection of Corporate Drive and East First Street: tilfv~:; 10 jrU-jJtVU! +fl t el-l ~ a-p prv va-!:.- Public Hearing: AZ 01-019 Request for annexation and zoning of 4.25 acres from RUT to C-N zones for LDS Church by Larry Maurer - south of East Franklin Road and east of South Locust Grove: afft,"in.R!j 10 prejJctAA:- .;::/~ :I ef-f fin- 4jPj?l7?r/i..!L. Public Hearing: CUP 01-038 Request for a Conditional Use Permit for the development of an LOS Church in a C-N zone for LOS Church by Larry Maurer - south of East Franklin Road and east of South Locust Grove Road:'. . . ~IfnM1 Iv ~pdA-L .f/r- -I el-<. .IV--z- ti/:JjJ/'Vvt:0L Public Hearing: CUP 01-035 Request for a Conditional Use Permit for the construction of a building to be used for wholesale building material distribution in an I-L zone for Intermountain Wood Products by The Banks Group, LLC - south of East Franklin Road and west of South Locust Grove: {!.frJW7 4fA.L jJ / It Iv re 6 ~ 51 Zoo 2- /n.tr. FP 01-023 Request for Final Plat approval of 3 building lots and 1 other lot on 20.20 acres in a C-G zone for Sparrowhawk Subdivision by Sitzlar 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. Meridian City Council Agenda-January 15, 2002 Page 3 of4 All materials presented at public meetings shalI become property of the City ofMeridialL Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Cleric's Office at 888-4433 at least 48 hours prior to the public meeting. 16. 17. 18. Real Estate Development, LLC - northeast corner of North Nola Road and East Franklin Road: attywv<-€./ FP 01-024 Request for Final Plat approval of 34 building lots on 9.34 acres in an R-4 zone for Vienna Woods Subdivision No.5 by Skyline Development, Co. - northeast corner of North Locust Grove Road and East McMillan Road: CZp7r6/ v-e... FP 01-025 Request for Final Plat approval of 27 building lots and 4 other lots on 9.24 acres in an R-4 zone for Ashford Greens No.6 by Brighton Corporation - east of Black Cat Road and North of Cherry Lane: a r')?yo l/le... FP 01w026 Request for Final Plat approval of 31 building lots and 4 other lots on 13.85 acres in an R-4 zone for Bear Creek Subdivision No.6 by Bear Creek, LLC - east of Stoddard Road and north of Victory Road: -table t0vh 2 re 1;, 5i '200 2- ~7-- /v;, fh.-ac:;or &;VI"I'€- - /1e/)~1h' e;z.t- I2epfY7.,;{- Ii 4vEJ r /Le.C&n .A t,fe.t..- de.c;/r I ~ or-- p~ dn\re -l1vLOt-t) it.- /lCr-/2J -- [OCc,cJ-f 6vov.€ jJrod~cJ- . 1I/,<O/Mt7t/c-h ;'.r An- ;(()tU ptvLc.kaJe. (!. . P f: 2 (',3yY"\ ~i:r J) ~ Cvp P pI ~l-'frl-e_._1- -fo ;;71. /317 { ;l(tvt 'J l[' -Ie I~m t'l/Y'-c;( ,R...t?.A; t.eSlte /J1c ~1Jna.-etL /n(.t:.tA~J - apjJ'hPv.e... Meridian City Council Agenda - January 15, 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 hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, January 15, 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 of December 18, 2001 City Council Regular Meeting: Approve B. Approve minutes of January 2,2002 City Council Regular Meeting: Approve C. Tabled from December 18, 2001: Five Mile Trunk Latecomer Agreement: Table to February 5, 2002 5-D. Tabled from January 2, 2002: Findings of Fact and Conclusions of Law for Approval: CUP 01-029 Request for a Planned Unit Development for a private RV storage and reduced lot sizes in an R-8 zone for proposed Kodiak Subdivision by Kodiak Development, LLC - 2435 South Meridian Road: Re-notice for Public Hearing for .February 19,2002 Meeting 5-E Tabled from January 2, 2002: Findings of Fact and Conclusions of Law for Approval: VAR 01-019 Request for a Variance to exceed 1,000 feet maximum length requirement and to allow the public road being proposed to exceed 450 feet maximum length requirement in an R-8 zone for Kodiak Subdivision by Kodiak Development, LLC - 2435 South Meridian Road: Re-notice for Public Hearing for February 19, 2002 Meeting 5-F. Tabled from January 2,2002: Order of Remand to Planning and Zoning: PP 01-016 Request for Preliminary Plat approval of 28 Meridian City Council Agenda -January 15,2002 Page 1 of4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. building lots and 5 other lots on 5.4 acres in a proposed R-8 zone for proposed Kodiak Subdivision by Kodiak Development, LLC - 2435 South Meridian Road: Re-notice for Public Hearing for February 19, 2002 Meeting G. Tabled from January 2, 2002: Findings of Fact and Conclusions of Law for Approval: VAR 01-018 Request for a Variance for maximum subdivision block length of 1,000 feet in an R-8 zone for Macaile Meadows by Hillview Land Development, LLC - south of East Fairview Avenue and west of North Cloverdale Road: Approve H. Tabled from January 2, 2002: Findings of Fact and Conclusions of Law for Approval: FP 01-020 Request for Final Plat approval of 115 building lots and 19 other lots on 28.58 acres in an R-8 zone for Macaile Meadows by Hillview Land Development, LLC - south of East Fairview Avenue and west of North Cloverdale Road: Approve I. Tabled from January 2, 2002: Findings of Fact and Conclusions of Law for Approval: PP 01-019 Request for Preliminary Plat approval of 115 building lots and 10 other lots on 29.93 acres in an R-4 zone for proposed Woodbridge No. 2 by Woodbridge Community, LLC - east of South Locust Grove Road and south of East Franklin Road: Approve 5-J. Tabled from January 2, 2002: Findings of Fact and Conclusions of Law for Approval: PFP 01-006 Request for Preliminary/Final Plat approval of 2 building lots on 10 acres in an L-Q zone for Tramore Subdivision by Thomas Development Co. - south of West Pine Avenue and east of North Linder Road: Approve as Amended 5-K. Tabled from January 2, 2002: Findings of Fact and Conclusions of Law for Approval: CUP 01-036 Request for a Conditional Use Permit for the construction of a 72 unit wood frame, three story senior apartment complex in an L-Q zone for proposed Tramore Senior Community by Thomas Development, Co. - south of West Pine Avenue and east of North Linder Road: Approve L. Tabled from January 2, 2002: Findings of Fact and Conclusions of Law for Approval: VAR 01-014 Request for a variance for the requirement to record the Final Plat within one year of approval by City Council in an R-4 zone for Pintail Pointe Meridian City Council Agenda - January 15,2002 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 hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Subdivision by Kelly Hunemiller - south of West Cherry Lane and east of North Black Cat Road: Approve M. Revised Ashford Greens No. 5 Storm Drainage Easement: Approve 4. Department Reports: A. City Council President Tammy de Weerd: 1. Appointments: 5. (Items Moved from Consent Agenda) 6. Ordinance No. 02-934 : AZ 01-010 Request for annexation and zoning of .99 acres from R1 to C-G zones for Podiatry Building by Smith Brighton, LLC - 1065 East Fairview Avenue: Approve 7. Ordinance No. 02-935 : AZ 01-014 Request for annexation and zoning of .66 acres from R-1 to R-8 zones for Ted Cunningham by Ted Cunningham - 125 Blue Herron Lane: Approve 8. . Ordinance No. 02-936 : AZ 01-017 Request for annexation and zoning of .193 acres from RUT to R-4 zones for Packard Acres No.1 by Packard Estates Developers, LLC - east of North Wingate Lane and south of East Ustick Road: Approve 9. Tabled from December 18, 2001: FP 01-015 Request for Final Plat approval of 23 bu ilding lots and 5 other lots on 8.15 acres in an R-4 zone for Staten Park Subdivision by D'Alessio Building Development - south of West Ustick Road and North Black Cat Road: Table to February 5J 2002 Meeting 10. Public Hearing: CPA 01-001 Request for a text change amendment to the 1993 Comprehensive Plan by Falcon Creek, LLC: Continue Public Hearing to February 19J 2002 Meeting 11. Public Hearing: CUP 01-028 Request for a Conditional Use Permit for a fast food restaurant with drive-thru in a C-G zone for proposed WendyJs by Wenco, Inc. - northwest intersection of Corporate Drive and East First Street: Attorney to prepare Findings of Fact and Conclusions of Law for Approval 12. Public Hearing: AZ 01-019 Request for annexation and zoning of 4.25 acres from RUT to C-N zones for LOS Church by Larry Maurer - south of Meridian City Council Agenda -January 15,2002 Page 3 of4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. East Franklin Road and east of South Locust Grove: Attorney to prepare Findings of Fact and Conclusions of Law for Approval 13. Public Hearing: CUP 01~038 Request for a Conditional Use Permit for the development of an LDS Church in a C-N zone for LOS Church by Larry Maurer - south of East Franklin Road and east of South Locust Grove Road: Attorney to prepare Findings of Fact and Conclusions of Law for Approval 14. Public Hearing: CUP 01 ~035 Request for a Conditional Use Permit for the construction of a building to be used for wholesale building material distribution in an I-L zone for Intermountain Wood Products by The Banks Group, LLC - south of East Franklin Road and west of South Locust Grove: Continue Public Hearing to February 5,2002 Meeting 15. FP 01-023 Request for Final Plat approval of 3 bu ilding lots and 1 other lot on 20.20 acres in a C-G zone for Sparrowhawk Subdivision by Sitzlar Real Estate Development, LLC - northeast corner of North Nola Road and East Franklin Road: Approve 16. FP 0 1 ~024 Request for Final Plat approval of 34 build ing lots on 9.34 acres in an R-4 zone for Vienna Woods Subdivision No.5 by Skyline Development, Co. - northeast corner of North Locust Grove Road and East McMillan Road: Approve 17. FP 01~025 Request for Final Plat approval of 27 building lots and 4 other lots on 9.24 acres in an R-4 zone for Ashford Greens No.6 by Brighton Corporation - east of Black Cat Road and North of Cherry Lane: Approve 18. FP 01 ~026 Request for Final Plat approval of 31 build ing lots and 4 other lots on 13.85 acres in an R-4 zone for Bear Creek Subdivision No.6 by Bear Creek, LLC - east of Stoddard Road and north of Victory Road: Table until February 5, 2002 Meeting 19. Mayor Corrie - Department Report: A. Avest reconsider decision on drive-through: B. ACHD -- Locust Grove Project $1.8 million is for ROW Project: C. P & Z Commissioner Appointment to file - Bill Nary's term and seat: Leslie McDonald Mathes: Approve Meridinn City Council Agenda - January 15,2002 Page 4 of 4 All materials presented at public meetings shall become property of the City of Meridinn. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Ofticc at 888-4433 nt least 48 hours prior to the public meeting. February 1, 2002 MERIDIAN CITY COUNCil MEETING APPLICANT February 5,2002 ITEM NO. 3~B REQUEST Approve minutes from January 15, 2002 Regular City Council Meeting AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: 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: "~ vtPJ UU{lI' . Contacted: Date: Phone: Materials presenfed at public meetings shall become property of the CIty of Meridian. Meridian City Council Meetin~ January 15, 2002 The regularly scheduled meeting of the Meridian City Council was called to order at 6:30 P.M., Tuesday, January 15,2002, by Mayor Robert D. Corrie. Members Present: Mayor Robert Corrie, Tammy de Weerd, Keith Bird, Cherie McCandless and Bill Nary. Others Present: Bill Nichols, Mike Worley, Gary Smith, Shari Stiles, Brad Watson, Will Berg, Ken Bowers and Dean Willis. Corrie: All right. Ladies and gentlemen, I'm going to open the City Council meeting -- regular meeting for Tuesday, January the 15th, at 6:30 P.M., here in the Council Chambers. I imagine a lot of you are here for Item No. 10 that's coming up. That's the Public Hearing for the request for text change amendments to the 1993 Comprehensive Plan by Falcon Creek, LLC. That has been requested to be tabled until February the 19th at a Public Hearing continuance at that point. So if you're here just for that, I hate to have you just waiting to do testimony on that, because it will be done on the 19th of February. It's been tabled -- not tabled, but the Public Hearing is continued to that time. So does anybody have any questions before we get started on that? Yes, sir. Unidentified Speaker: Is it possible to take some of the testimony on that item tonight and -- ? Corrie: No. No. Unidentified: They might not be able to be here on the 19th. Corrie: Well, then send us a letter, because the applicant is not here to answer any of the questions that's brought up tonight if we do that. So if you want to send a letter it will issued as testimony, it will be read that night, the same thing. But at the advice of the attorney we will make this a continuance to February the 19th and we will take testimony at the time, not tonight, because it's not fair to you, it is not fair to the applicant, and really not fair to the Council, because we are hearing one side and only one testimony at that point. So if you can't be here, then give us a letter with your testimony of what you want to say and we will read it into the record so that you will have that testimony on the record. (Inaudible discussion from audience.) Corrie: One at a time. Right here with the tie. (Inaudible discussion from audience.) Corrie: Right. We got a letter that there is a medical problem with the planner that's part of that program and he couldn't make it tonight, so he asked if we would table it until the 19th, which is a Public Hearing on land use and Council will probably, the last I heard, they are going to do that, so we won't be taking any public testimony tonight. Meridian City Council Meeling January 15, 2002 Page 2 of 72 Unidentified Speaker: The 19th. Corrie: The 19th of February. (Inaudible discussion from audience.) Corrie: Pardon? Unidentified Speaker: Where is his representative at? Corrie: He has a medical -- Unidentified Speaker: No. I mean his representative, the next guy below him. Corrie: I don't know that. (Inaudible comment from audience.) Corrie: Well, you can ask that, but he's the primary, so -- so if you're here -- I'll take one more question. Yes. Unidentified Speaker: I just want to know is the Comprehensive Plan -- is that the 29th? Corrie: Yes. It's still the 29th. Not for this one, no. Unidentified Speaker: No, but the Comprehensive Plan for Meridian -- Corrie: Right. The 29th. Yes. That's still on the 29th. Unidentified Speaker: Is anything happening between now and the 19th? Corrie: No. The application -- everything stops. No testimony, no nothing, until that-- Bird: Unless they pull the application. Corrie: Unless they pull -- yes. If they pull the application that means that it's all out. All right. Yes. Okay. Nichols: Mr. Mayor? Corrie: Yes. Nichols: The sign-up sheet is part of the record already. Corrie: Yes. Okay. Nichols: It has to be part of the record. Meridian City Council Meeting January 15, 2002 Page 3 of 72 Item 1. Roll Call Attendance. Corrie: Yes, It's part of the record. Mr. Clerk, roll call attendance, please. Roll-call: X Tammy de Weerd X William Nary X Cherie McCandless X Keith Bird X Mayor Robert Corrie Item 2: Adoption of the Agenda: Item 3: Consent Agenda: A. Approve minutes of December 18, 2001 City Council Regular Meeting: B. Approve minutes of January 2,2002 City Council Regular Meeting: C. Tabled from December is, 2001: Five Mile Trunk Latecomer Agreement: D. Tabled from January 2, 2002: Findings of Fact and Conclusions of Law for Approval: CUP 01-029 Request for a Planned Unit Development for a private RV storage and reduced lot sizes in an R-8 zone for proposed Kodiak Subdivision by Kodiak Development, LLC - 2435 South Meridian Road: E. Tabled from January 2, 2002: Findings of Fact and Conclusions of Law for Approval: VAR 01-019 Request for a Variance to exceed 1,000 feet maximum length requirement and to allow the public road being proposed to exceed 450 feet maximum length requirement in an R-8 zone for Kodiak Subdivision by Kodiak Development, LLC - 2435 South Meridian Road: F. Tabled from January 2, 2002: Order of Remand to Planning and Zoning: PP 01-016 Request for Preliminary Plat approval of 28 building lots and 5 other lots on 5.4 acres in a proposed R-S zone for proposed Kodiak Subdivision by Kodiak Development, LLC - 2435 South Meridian Road: G. Tabled from January 2, 2002: Findings of Fact and Conclusions Of Law for Approval: VAR 01-018 Request for a Variance for maximum subdivision block length of 1,000 feet in an R-8 zone for Macaile Meadows by Hillview Land Development, LLC - south of East Fairview Avenue and west of North Cloverdale Road: H. Tabled from January 2, 2002: Findings of Fact and Conclusions Of Law for Approval: FP 01-020 Request for Final Meridian City Council Meeting January 15, 2002 Page 4 of 72 Plat approval of 115 building lots and 19 other lots on 28.58 acres in an R-8 zone for Macaile Meadows by Hillview Land Development, LLC - south of East Fairview Avenue and west of North Cloverdale Road: I. Tabled from January 2, 2002: Findings of Fact and Conclusions of Law for Approval: PP 01-019 Request for Preliminary Plat approval of 115 build ing lots and 10 other lots on 29.93 acres in an R-4 zone for proposed Woodbridge No.2 by Woodbridge Community, LLC - east of South Locust Grove Road and south of East Franklin Road: J. Tabled from January 2, 2002: Findings of Fact and Conclusions of Law for Approval: PFP 01 ~006 Request for Preliminary/Final Plat approval of 2 building lots on 10 acres in an L-O zone for Tramore Subdivision by Thomas Development Co. - south of West Pine Avenue and east of North Linder Road: K. Tabled from January 2, 2002: Findings of Fact and Conclusions of Law for Approval: CUP 01-036 Request for a Conditional Use Permit for the construction of a 72 unit wood frame, three story senior apartment complex in an L-O zone for proposed Tramore Senior Community by Thomas Development, Co. - south of West Pine Avenue and east of North Linder Road: L. Tabled from January 2, 2002: Findings of Fact and Conclusions of Law for Approval: VAR 01 ~014 Request for a variance for the requirement to record the Final Plat within one year of approval by City Council in an R-4 zone for Pintail Pointe Subdivision by Kelly HunemilJer - south of West Cherry Lane and east of North Black Cat Road: M. Revised Ashford Greens No. 5 Storm Drainage Easement: Corrie: Thank you. Item No.2 on the Agenda is adoption of the Agenda. As we noted earlier this evening, Items NO.9 and 10 will be on the request for table on the items. Is there any other Agenda changes? Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: On the Consent Agenda, Item No. C, we will move that to February 5, 2002, and Items No. 0, E, and F we'd like to move them to 5D, 5E, and 5F on the regular Agenda. Corrie: Okay. Any other -- on the Department Reports I would like to move NO.4 to No. 19 and I'd like to do a Department Report for my office, very short, and if we would Meridian City Council Meeting January 15, 2002 Page 5 of 72 move that to 19, so we don't have to have all the people waiting around for that, which is very mmor. Nary: Mr. Mayor, I just want to make note on Item A that I would be abstaining, since I wasn't a member of the Council at that time. Corrie: Okay. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: After the end of the Consent Agenda I would like to make the Council liaison appointments. Corrie: All right. Bird: Mr. Mayor? Oh. Go ahead. Corrie: That would be Item NO.4. Bird: Mr. Mayor, I move we-- Corrie: Shari-- Bird: Mr. Mayor, Shari wants to say something. Stiles: Mr. Mayor and Council, could we remove J and K from the Consent Agenda to discuss some clarifications on the findings? Bird: To 5J and 5K? Stiles; Yes, please. Corrie: That's for clarification of the findings? Stiles: Yes. Corrie: Staff have any other -- Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I would move that we adopt the Agenda as noted with the changes and also adopt the Consent Agenda with the changes noted, that 0, E, and F will go to 50, E and F, and J and K will to go 5J and K and Item No. C will be tabled to February 5, 2002. De Weerd: Second. Meridian City Council Meeting January 15, 2002 Page 6 of 72 Corrie: Okay. Any further discussion? Okay. Hearing none, roll call vote, Mr. Berg. Role Call: Bird, aye; de Weerd, aye; McCandless, aye; Nary, aye. Corrie: Okay. All ayes. Motion to approve the Consent Agenda and also the adoption of the written agenda as well. MOTION CARRIED: ALL AYES. Item 4. Department Reports: A. City Council President Tammy de Weerd: 1. Appointments: Corrie: Okay. Item NO.4. Mrs. de Weerd, Department Liaisons. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I would like to make the following Department Liaison Council appointments. For police, Bill Nary and as well the Human Resource Department. For Council Member McCandless, Public Works. For Council Member Bird Parks and Finance. And for myself fire, City Clerk, and Planning and Zoning or development services. Corrie: Okay. At this point is there anyone of the Council that doesn't wish to fill or take the appointment that's suggested by the president? Okay. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: [move that we approve -- the Council approve these appointments as stated by the President of the Council. Nary: Second. Corrie: Okay. Motion and second has been made to approve the appointments made by the Council. Any further discussion? Hearing none, all those in favor of the motion say. All ayes. Motion carried. Congratulations. MOTION CARRIED: ALL AYES. De Weerd: Thank you, Mr. Mayor. Item 5: (Items Moved from Consent Agenda) Item 5-0. Tabled from January 2, 2002: Findings of Fact and Conclusions of Law for Approval: CUP 01 -029 Request for a Planned Unit Meridian City Council Meeting January 15,2002 Page 7 of 72 Development for a private RV storage and reduced lot sizes in an R-8 zone for proposed Kodiak Subdivision by Kodiak Development, LLC - 2435 South Meridian Road: Item 5-E Tabled from January 2, 2002: Findings of Fact and Conclusions of Law for Approval: VAR 01-019 Request for a Variance to exceed 1,000 feet maximum length requirement and to allow the public road being proposed to exceed 450 feet maximum length requirement in an R-8 zone for Kodiak Subdivision by Kodiak Development, LLC - 2435 South Meridian Road: Item 5-F. Tabled from January 2, 2002: Order of Remand to Planning and Zoning, PP 01-016 Request for Preliminary Plat approval of 28 building lots and 5 other lots on 5.4 acres in a proposed R-8 zone for proposed Kodiak Subdivision by Kodiak Development, LLC - 2435 South Meridian Road Corrie: Item NO.5 would be what was pulled off from the Consent Agenda and the first one was D, E, and F, which has Kodiak Subdivision Findings of Facts and Conclusion of Law, request for a Planned Unit Development. Also a Variance and request Preliminary Plat. We will open the discussion and have the Planning and Zoning director information. Stiles: Mr. Mayor and Council, the applicant delivered a letter from Ada County Highway District today. I don't know if you have had an opportunity to read that. It's a little -- not quite clear to either Gary Smith or myself what their intent is. The bottom line is it will change both the Conditional Use Permit and the Preliminary Plat if we are to meet the conditions that ACHD and the Idaho Transportation Department are imposing on this project. In the past the City Council had agreed to approve the Conditional Use Permit. However, that Conditional Use Permit also ties to a site plan that will have to be modified in order to meet the conditions that will be placed on the plat. Now we are at the point where the plat was remanded back to the Planning and Zoning Commission. No one had an opportunity to read this letter from ACHD we received today, did you? Corrie: It was on my desk. Stiles: I think what they are asking is that there just be a private road come off Meridian Road to serve only the office or day-care area and the church. They are requiring that the road in Bear Creek be continued into the project to serve the residential development. I'm a little unclear on what they really mean. I'd have to -- I'm going to have to go back over this letter to even see what it is they are proposing. They are saying that they can make the office area accessible from the residential area, but the office area would not be able to access the residential area. So I don't know how that would work. The applicant is here tonight. I know that legal counsel Bill Nichols has reviewed this matter and maybe he has some suggestions on where we should go, but I do believe that this will require significant changes to the Conditional Use Permit and that if we are going to remand the -- if it's your desire to remand the plat back to Planning and Zoning Commission, we should probably also consider rescinding the Meridian City Council Meeling January 15. 2002 Page 8 of 72 approval of the Conditional Use Permit and sending that back as well. But Bill maybe has some other alternatives or suggestions on where we should go. Corrie: Mr. Nichols. Nichols: Mr. Mayor and Members of the Council, I don't know that I have any unique insight into this. I should add that Mr. Jewett also asked staff to look at the Planning and Zoning recommendation that came forward to the Council with regard to the issue upon which the Council's motion was to remand back to the Commission, which had to do with putting barriers between the residential access and Bear Creek and bollards of some sort allowing emergency vehicle access and Mr. Jewett wanted to address that specifically with staff. I guess where I come down is I think we have got fruit basket upset now, because this recommendation from the ACHD staff to the Commission, it's not a condition imposed by the Commission yet, but their staff recommendation for a private street is not what was contemplated by the Council and the thing probably ought to be all opened up again, so that we can hear the testimony on these issues about streets. Wasn't Ms. Richardson here? I think she was here for the prior hearing and she testified as to -- but I don't think they had ITD's input at that point. Perhaps. But, at any rate, Mr. Jewett would like to move forward with a project, but at this point the Conditional Use Permit conditions conflict with the recommendation of ACHD staff to its Commission and so you have -- I mean if ACHD were to impose the recommendations of its staff and we have our CUP conditions, it's not going to go forward. It would be an impossibility, because one can't be met without contravening the other. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: Mr. Nichols, can we remand the Conditional Use Permit back to Planning and Zoning as well? Nichols: I don't think you want to do anything until you take some more testimony and see where it's at. J mean that's my recommendation to you. If you're going to change the findings in any significant way we would need to reopen it, renotice it, and get the new stuff in the record, so that they need to make a decision. The ACHD staff recommendation to the Commission is a new item, it was not received as part of the Public Hearing process, but it should come in, so that you have to act upon it in making a decision. Corrie: Mr. Nichols, if we have Mr. Jewett come up and talk to us is this okay? Because it's not a Public Hearing, we are just hearing some of his ideas again of what he wants to do. Is that all right? Nichols: Mr. Mayor, Members of the Council, I don't see anything wrong with him coming forward and telling you whether you should reopen this or not or whether -- I mean he can't go into substance, but he can certainly talk about, from his perspective, procedurally without getting into the substance. Corrie: Okay. Mr. Jewett, under those guidelines, speak. Meridian City Council Meeting January 15, 2002 Page 9 of 72 Jewett: Please stop me if I go too far then. Corrie: We will. Jewett: Do I need to give my name and address? Corrie: Yes. Just for the record. Jewett: Jim Jewett, 390 East Gentry, Suite 150 in Meridian. Yes. I received this letter e- mailed to me from Ms. Richardson from ACHD and she asked me to deliver it to you folks and then I talked to her again late this afternoon and she wanted me to reiterate this is what her recommendation would be to her Commission, but she can't move forward until there is a finding here. She's already made a finding and that was we come out of Bear Creek, which was her appointed body's focus and so if you read this, what she's saying is there is an option that hasn't been discussed and that's simply a complete private road, no public road at all, the entire road that this body approved would not be public at all. They said if you make it private, then we have no jurisdiction over it, the Highway District. I don't know if that's a substantial change or not. The other thing that she noted in the letter -- and ITD told me this the day after the last hearing -- they will not allow me to enter. That's a high speed road, they will not allow right in, right out. The other issue that I failed to recognize in the last hearing was the church is being affected by a right in, right out as well and they weren't heard on that issue and they have a development agreement, they have an annexation and they weren't burdened with it at that point. If you burden a right in and right out with them now, I think they should be heard from and we do have a representative from the church, I asked them to come tonight, just in case you wanted to hear from them. So the other issue that I had is that I asked -- as Shari spoke of, on the remand back to P&Z, my understanding of the remand was to remove that turnaround at the end of that stub street coming out of Bear Creek and what I wanted to clarify was that at P&Z they made that recommendation to take that out. That was already part of their recommendation to this Council to remove it. So I could simply go back, remove it, and bring it back to the Council. If we go back to P&Z to have them look at something that they have already recommended to remove .-- their recommendation almost identically matched your recommendation and they have already -- they said if we are not taking access on Bear Creek we need no turn around and that's why I asked for a clarification on going back to P&Z, because P&Z already made a ruling or made a recommendation to remove it. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: If we need to open this up to bring into public record the issue of ACHD and lOT, we can just solely open it for those specific issues; is that correct? Nichols: Madam President, Mayor, Members of the Council, if you want to reconsider the decision and open it back up, you can do it for the purpose of taking -- limit it to new information that was not available to you at the time the decision was made, if you so Meridian City Council Meeting January 15, 2002 Page 10 of 72 choose, or the Council can say we just reopen the Public Hearing for new testimony on new issues or old issues, for that matter. It's your call. Corrie: Discussion, Council? Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I would like to see us reopen it and -- for new testimony and I don't think it has to be on a couple issues, just the new things. I would like to hear some testimony from the Bear Creek people that are being asked to have their subdivision a thoroughfare for another one, when the Highway Department don't want you to get out on their main highway. So I don't think that we need to remand it back to the Planning and Zoning, I think we need to handle it right at this level and we will probably have to renotice the Public Hearing and get it taken care of and get it taken care of at this level now that the new stuff has come in from ACHD and lTD. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I would be in agreement. It's not that I do not think it would be appropriate to remand back to Planning and Zoning, since we do not have what was being proposed in front of us and I will not vote on something that I do not see. But we do need to open this up for the transportation discussion, we do need hear from the church and Bear Creek representatives, and so I would also be in agreement to open this back up to Public Hearing. Jewett: If I may ask, the one other -- the situation -- one other situation that I have, which I will ask you and maybe you can direct me towards an answer. My only issue in timing is trying to get the sewer from Elk Run past the canal before water comes in in the spring, because if I don't, then I'll have to look at boring it or waiting until the water goes out. Now that's all off site. That was all an Elk Run issue that didn't get done because of the fiber optics blockage, the thing we discussed with the annexation. Is there a way that I can proceed forward on that design -- approval of that design and construction of that line to our property edge while they are getting this back opened up, so that that won't block me if the water comes in and we have to sit for six months for the water to go out. Corrie: I don't know whether we have got a legal question here or not, but I don't know whether we can -- go ahead, Gary. Bird: Ask Gary. He's got an answer to that. Smith: Mr. Mayor and Council Members, I don't think that the sewer issue would really affect the access as far as what's been discussed at this point. It's going to have to cross the Kennedy and I don't know whether an approval -- it would have to be approved by the City, the plans, if it gets that far, before any action is taken by the Meridian City Council Meeting January 15, 2002 Page 11 of 72 Council on the development, the plans would need to be approved by the City and subsequently approved by DEQ before any construction could take place, would be the only thing. But, again, I don't know that that needs to necessarily hinge to even this development. It's just the developer extending sewer line. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: We have already annexed and everything on the church and we've got to get the sewer down there anyway, don't we, Gary? So I mean, really, if the plans come in and it was approved, there would be no reason that they couldn't go on down with the sewer. Smith: It would all be taking place -- well, most of it within a public right of way, depending on how the design falls out. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I just have a concern, Mr. Jewett. It appears to me that we have some wrinkles here to work out, but there is always the potential that this project would be denied; correct? I just am concerned that if you get the sewer plan approved and you proceed and expend the money to get this done, which is I'm assuming what you're asking, are you going to come before us and say, well, I already spent all this money getting the sewer up there, you better approve my plans now, when we really have, I think, some minor things, but I think we still need to do that. Are you willing to take that risk and at least sign a waiver that you're doing that at your risk, not the Citis, if you go ahead and extend that now? Jewett: That's a whole other issue. I don't know if you remember, but we came through on the annexation and zoning and development agreement on this parcel prior to a plat, but we have all that in place. I just think we need to figure out some way to work it out and -- Nary: And I would agree. Jewett: I don't really want to go there. I mean we have got solutions, we just need to get them taken care of and I understand there are processes and that process is to reopen, if that's the decision of this Council, and move forward. That's really what I want to do is get it moving forward and I just don't want to get it moving forward and then all of a sudden stop for six months waiting for the water to go out of the Kennedy. I know the church is waiting for their church building to sell in town for them to move forward, but if something happens tomorrow, they told me they want to move forward, they would be in the same position, they would be stuck without sewer, because it's not past the Kennedy. All we are looking at is to get past the Kennedy. There is another issue that I will bring up. From where it comes out of Elk Run to where it passes the Kennedy lateral to our property line is off site, it's not on our property. Elk Run developers were Meridian City Council Meeting January 15.2002 Page 12 of 72 supposed to have built that, but because of the blockage of the fiber optics, it was never built. So I guess I'm looking to who is responsible to finish construction of that line that was never finished. So it may not even be my expense to do. We may be looking at the Elk Run developers to finish it, because they haven't finished their obligations to finish their frontage. I simply found a solution of how to get it done by running through the easements and stuff. So getting it to our property line I don't believe is going to end up being our expense, because we are looking at the previous developer. So -- and that's all J'm looking at is getting to our property line. Now if the church needs it, that might be something you work out with the church. Corrie: You're at their mercy at that time. Jewett: I'm at the mercy a lot of time of things. Corrie: Aren't we all. Jewett: Yes. Corrie: Okay. Council, any other discussion? Okay. I'll entertain a motion to -- on either -- where you want to go with a Public Hearing with notification and then set a date and time. Or Consent Agenda, approve each one of them. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: J guess I'm uncomfortable even making a decision yet until some of the issues that were just brought up are discussed. The applicant certainly does take the risk that -- of going forward with the project so he beats the water coming in, but this may not be approved by then and then there is the second question of who is bringing that line. So I don't know if this is a question for the attorney or for Gary, but does anyone want to attempt an answer or is this something that we can't answer tonight? Corrie: Mr. Smith. Smith: Mr. Mayor and Council Members, the development -- or developer of Elk Run Subdivision had included the sewer to his south property line as part of his development plan and then there was a probJem that was encountered with the fiber optics and there was never a solution brought forward to resolve the extension of that sewer line. So it was the responsibility of the developer of Elk Run Subdivision. It was extended out of his subdivision to the right of way and it was extended to the south until they ran into the fiber optic and it was never resolved as to how it should continue to the south, so it stopped. De Weerd: So this applicant found a way to find a solution to the fiber optic, but, again, my question is who then brings the sewer line to the property line? Smith: I don't have an answer for you, Council Member. Meridian City Council Meeting January 15, 2002 Page 13 of 72 Corrie: Gary, was fiber optics put in the right place? Smith: No, it was not. Corrie: It sounds like it wasn't. Smith: No, it was not, and we had several meetings with the Highway Department and it was just never resolved. They were not able to get the fiber optics moved into its correct position. They didn't want us moving out into the shoulder of the roadway with the sewer, which was what we could do in order keep it in the right of way and that was where it all came to a stop. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: It appears to me if we look at -- if we are looking at the individual application set before us, Item D is the approval of the finding of the development for the project, and at least the information we are talking about is impacted by -- and Item E is the block length and the public roadway and it's impacted by the information from ACHD. So it appears from what we have been talking about that we need a little bit more public testimony on those two issues. Item F sounded as if our discussion was that we don't read really need to remand this any longer, because it really is something that the Planning and Zoning Commission did already make a recommendation is to remove that, but it does sound like we need a Public Hearing. I don't know if we can help on these issues that are before us with these three items, that we can really help Mr. Jewett much on the issue of the sewer. I mean I don't -- it doesn't appear that the approval of these you're going to get that sewer there any quicker and maybe I'm just not tracking with you, Mr. Jewett, but I'm not sure how -- it appears to me we need to set this over for a Public Hearing. We need to get some information. We need to make sure we understand all the information that's before us on these three -- on these really two items and make a decision. But I'm not sure how making a decision on these two items gets the sewer any closer, since it's not on your property and it's another builder's responsibility to do it. Jewett: I would agree that the issue of the sewer off site is not an issue in these applications, other than we need to have sewer. My question was I'm putting forth the fact that I'll have my engineer design that sewer and get it going. As Mr. Smith indicated, there is a process that has to be -- the plans have to be accepted by the City, reviewed by the City, reviewed by DEQ. There is a process there that needs to start and what I'm asking, my expenditure now to design a sewer is not that much, because we have already potholed it, we have already went out there and done all this other design to make sure we could make it work in the easement and get away from the fiber optics. The issue of -- I would like to be able to start and, you know, negotiations or talks with Gary or whoever at the City and what's going to happen, who is going to pay for that sewer line? Is there an ability to go back to Elk Run developers and charge them at this point? I don't know. But [ would like to start that dialogue. I don't think we can start the dialogue -- I think we can start it at the same time we start the design. Ultimately -- I'll sit Meridian City Council Meeting January 15. 2002 Page 14 of 72 here and say openly that if it gets down to it and nobody's going to step up, I'm going to step up and build it and the church I'm assuming is going to step up and build it or how else are we going to get the sewer? I've witnessed many times in this room this Council approving reimbursement of other developers for off site and mostly recently at Woodbridge on our water line and Bridgetower for a sewer line that was off site. That is an option. I know I don't want to sit here and ask the City to pay anything for me, but we need to start that and I think that if we have some direction that we can, ultimately if you say no to me at some point, you still have the church sitting there. The sewer is not even to my property line and it's got to get across my property to even get to the church. The church has an annexation, a development agreement already in place. It's something that we need to bring forward and deal with and I'm willing to take that lead to get that design work started and get it in the process. We can work through with Gary and bring it back to this Council with that plat. I mean l don't know what you would be looking at in a renotice right now, but it gives us a start. I mean if we wait until we renotice and start I'm sure we are not going to be able to meet any time frames and I just think that -- I didn't cause that problem. I've worked really hard to fix that problem. That's why, you know, at City Council I think we had three tablings addressing that sewer issue on annexation until we finally had it worked out and decided to go with the easement, the church agreed to an easement, ] agreed to an easement to get that fixed. That was March of last year. I would just like to really move forward, even at a snail's pace, but move forward and I think that's one part we can move forward, but I think that -- I think that Gary needs some direction that -- you know, that he can accept a set of plans to review. I mean, like you said, it's just a developer extending a sewer line, but I think we need to start that talk and discussion. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: Could we ask Mr. -- Will, how soon could we get this renoticed? Could we get it renoticed in time to have the -- to reopen the public hearing the 5th or are we going to have to wait until the 19th? Berg: Mr. Mayor, Members.of the Council, it will probably be the 19th. We have a switch in papers and the advertising dates for that. We have to have at least 15 days prior to the hearing and we usually don't count the hearing day as a day. De Weerd: Mr. Mayor? Corrie: So we are looking at the 19th then? Yes, Mrs. de Weerd. De Weerd: I don't see why we can't set the dialogue with the Public Works Department and, again, it's cautionary, proceed at your own risk type of thing, and I don't think the church right now is under the same time constraints that you are, so, you know, this definitely is something that you need to be looking at and get this back to a Public Hearing on February 19th and move forward with the discussion on transportation and roads and access and that sort of thing. Meridian City Council Meeling January 15, 2002 Page 15 of72 Jewett: I appreciate that and I have worked closely with the church up until now and I will continue to work with that and I understand that our time frame may be a little different than theirs, but theirs is subject to change. One other thing that I will offer up, as what I'm going to do for the 19th. I was hoping to get on sooner than the 19th, but time constraints are time constraints and I would just like some confirmation that this is appropriate. I will bring two designs, one as it exists today and on the way ACHD would like to see it. That way I hope that depending on which way this Council decides to go, you have a plan that's approvable. I guess I would just like to know if that's appropriate to have these two alternatives, so that we don't have to go anywhere else from there and we can end it. That's one way. I guess the third option is no. So one of those three options. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I guess it makes it difficult for staff to review, but, you know, personally I would prefer it and this kind of goes back to why I don't think like to annex and zone until we have a Preliminary Plat in front of us, because then you wouldn't be extending this out so long. So I don't know -- I don't know if staff -- we have an ordinance that says you can only have one design, but that would be my preference. Corrie: Shari? Stiles: I don't see a particular problem with that, as long as we have it prior to putting it in the paper, so we can distribute it to all the agencies and make sure that's available for them and also the reduced copies so that we can distribute it to the adjacent landowners. But, you know, if we don't have that in time -- I mean that was a recommendation of the Planning and Zoning Commission to have the revised plan to City Council ten days prior to the Public Hearing. That was never done and so that kind of exacerbated the situation I think here. Jewett: So if my looking at the calendar is correct, the 19t~ would require that you have it no later than the 4th, but let's -- okay. No later than the end of January. That shouldn't be an issue. That's two weeks. Nichols: Mr. Mayor? Corrie: Mr. Nichols. Nichols: Mr. Mayor and Members of the Council, just -- and I don't want to belabor this point, but we anticipate that the Council will adopt an ordinance naming the Valley Times as the official public newspaper effective January 30th, but the Valley Times publishes on Tuesdays, I think; is that right? Mondays. Okay. Well -- and so if Monday the 4th it's published, then we are just barely okay. All right. Corrie: Can you meet the -- Jewett: Yes. That's-- Meridian City Council Meeting January 15, 2002 Page 16 of 72 Corrie: All right. Okay. Jewett: Thank you. Corrie: Okay. Any other discussion? Okay. I will entertain a motion to the effect of the Public Hearing notification -- Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I would move that we re-publicize open for open meeting -- Public Hearing for Items 0, E, and F, which is the Findings of Facts and Conclusions of Law for approval, Kodiak Subdivision, the Variance for Kodiak Subdivision, and also the Planning and Zoning for Kodiak Subdivision, get it published, and set itfor February 19th, 2002. Corrie: Motion is made. Do I hear a second? McCandless: Second. Corrie: Motion has been made and second, excuse me, to have notification of Public Hearing stated for the 19th of February on Items 0, E, and F on the Consent Agenda. Any further discussion? Hearing none, all those in favor of the motion say aye. Opposed no? Motion carried. All ayes. MOTION CARRIED: ALL AYES. Item 5..J: Tabled from January 2, 2002: Findings of Fact and Conclusions of Law for Approval: PFP 01-006 Request for Preliminary/Final Plat approval of 2 building lots on 10 acres in an L-O zone for Tramore Subdivision by Thomas Development Co. - south of West Pine Avenue and east of North Linder Road. Item 5-K: Tabled from January 2, 2002: Findings of Fact and Conclusions of Law for Approval: CUP 01-036 Request for a Conditional Use Permit for the construction of a 72 unit wood frame, three story senior apartment complex in an L-O zone for proposed Tramore Senior Community by Thomas Development, Co. - south of West Pine Avenue and east of North Linder Road Corrie: The next item would be J and K. It was requested by staff to pull off the Consent Agenda for clarification. Shari? Stiles: Mr. Mayor and Council, we received a letter from the firm of Spinks, Butler and Pratt today and Brad Hawkins-Clark did go over the recommended changes and we are in agreement with them. I don't know if you have those findings with you, if you wanted the detail. It all -- all the changes have to do with the Exhibit A of the findings. Do you have those? Meridian City Council Meeting January 15, 2002 Page 17 of 72 Corrie: Which one is that? I don't - Stiles: Is it Exhibit A of the Findings or the Development Agreement? The Findings? And I can get these changes to Bill Nichols after the meeting so it will be clear. On page four of nine of Exhibit A, under item six, the third line of that paragraph we'd ask that the words curb, gutter, and be deleted from that line and that in line four where it says east, it should be changed to -- well, no, that changed again. That one's okay. I'm sorry. Forget the fourth line. De Weerd: So the first line is what, Shari? Stiles: The third line would just say applicant shall review -- revise the Preliminary Plat to include landscaping. They will do the landscaping on the west side of the lot and curb, gutter, and sidewalk on the east side of the lot. De Weerd: Thank you. Stiles: On page five of nine, paragraph eight, the 51h line, delete the rest of the paragraph after the second Tramore. De Weerd: So starting with take into? Stiles: Yes. And add provide emergency access as approved by the fire department. Page seven of nine under the Preliminary/Final Plat recommendation, that should be deleted in its entirety. Ada County Highway District did acknowledge it was confused and that there was no need for a relocation of the entry drive. Page nine of nine, the last paragraph, the CUP recommendation, that should be deleted in its entirety. Nary: Which one was that again? Stiles: It's page nine of nine and that would be the last paragraph and I believe with those changes we wouldn't have a problem with your acceptance of those findings. Nichols: Mr. Mayor? Corrie: Mr. Nichols. Nichols: Mayor, Members of the Council, my suggestion to you would be that if this is acceptable to the Council, that you direct us, then, to modify Exhibit A to the Findings per staffs recommendation and we will so mark it and note in the margin per Council action of January 15, 2002, so that this can be signed by the Mayor tomorrow and we won't have to republish different findings and I think that would probably be acceptable to the applicant to do it in that fashion. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. Meridian City Council Meeling January 15, 2002 Page 18 of 72 De Weerd: Shari, did the issue of the bridge get resolved in the text of these findings? Stiles: I believe the bridge issue is just that it's going to be the responsibility of whoever develops Lot 2. De Weerd: Okay. Stiles: They will be taking on that responsibility, as it is all entirely on their lot, so we thought that was fine. De Weerd: Okay. Corrie: Any other additions, Shari? Stiles: No. That's it. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I move we approve the Findings of Fact and Conclusions of Law for a request for Preliminary and Final Plat approval of 2 building lots on 10 acres in an L-O zone Tramore Subdivision and to include the comment or the changes as noted by staff and have the Mayor sign and the Clerk attest. And those changes were to Exhibit A. Bird: Second. Corrie: Okay. Motion has been made and second two approve J and K with the appropriate changes on Exhibit A, ask the attorney to draw up the changes, and be signed by the Mayor and attested by the City Clerk. Any further discussion? Hearing none, roll call vote, Mr. Berg. Role Call: Bird, aye; de Weerd, aye; McCandless, aye; Nary, aye. Corrie: All ayes. Motion is 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 approval for a request of a Conditional Use Permit for the construction of a 72 unit wood frame three story senior apartment complex in an L-Q zone for the proposed Tramore Senior Community and have the Mayor sign and the Clerk attest. Bird: Second. Meridian City Council Meeling January 15. 2002 Page 19 of 72 Corrie: Okay. Motion has been made and seconded. Any further discussion on the motion? Hearing none, Mr. Berg, roll call vote. Role Call: Bird, aye; de Weerd, aye; McCandless, aye; Nary, aye. Corrie: All ayes. Motion is carried. MOTION CARRIED: ALL AYES. Item 6. Ordinance No. 02-934: AZ 01-010 Request for annexation and zoning of .99 acres from R1 to C-G zones for Podiatry Building by Smith Brighton, LLC - 1065 East Fairview Avenue: Corrie: Okay. I believe that's all we pulled off the Consent Agenda, so we will go to Item 6, which is an Ordinance, request for annexation and zoning of .99 acres from R-1 to C- G zones for Podiatry Building by Smith Brighton, LLC, 1065 East Fairview Avenue. The Ordinance No. is 02-934. So at this point, then, ] would like to have the City Clerk read the Ordinance No. 02-934 by Title only at this point. Berg: Thank you, Mr. Mayor, Members of the Council. Ordinance No. 02-934. An Ordinance finding that certain land to be known as a Podiatry Building owned by Marshal Ogden, 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 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 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. The audience has heard the reading of Ordinance No. 02-934 by Title only. Is there anyone from the audience who would like to have the Ordinance read in its entirety? Okay. Hearing none, Council, I'll entertain a motion for Ordinance NO.02- 934. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I move we approve Ordinance 02-934 with suspension of rules. De Weerd: Second. Corrie: Motion has been made and seconded to approve Ordinance No. 934 with suspension of rules. Any further discussion? Meridian City Council Meeting January 15, 2002 Page 20 of 72 Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Mr. Nichols, does the state code require that the Title reflect that the suspension of the rules was done pursuant state code? And, if so, should we then insert that language into the Title? Nichols: Mr. Nary, Mayor, Members of the Council, I do not recall that it's to be inserted in the Title. I do know that it has to be specific to the motion. It may be practice and I don't have an opposition to inserting it if that's Council's pleasure, but I don't recall from the specific statute that that's -- that it has to be in the Title of the Ordinance that it's under suspension of the Rules. Nary: Then I guess, Mr. Mayor, I would wish to make a substitute -- or an addendum to the motion and second to simply include in the Title, because that's what's going to get printed, that we did suspend the rules pursuant to the state code or with the appropriate number, which I don't remember off the top of my head. But that way it's clear to anyone that's reading it that that was the action that was taken by reading the Ordinance in the paper. Corrie: Okay. That being a motion, do I hear a second? De Weerd: I will second. Corrie: Okay. Motion has been made and seconded for the addendum to be added on the notation of the Ordinance that it was done with the suspension of rules. Any further discussion? Okay. Hearing none. All in favor of that addendum motion say aye. Opposed no? Motion carried. MOTION CARRIED: ALL AYES. Corrie: Okay. Now we need to go back to the original motion of Ordinance No. 02-934, with suspension of rules, with the addendum added. Any further discussion? Hearing none, roll call vote, Mr. Berg. Role Call: Bird, aye; de Weerd, aye; McCandless, aye; Nary, aye. Corrie: All ayes. Motion is carried. MOTION CARRIED: ALL AYES. ONE ABSENT Item 7. Ordinance No. 02~935: AZ 01-014 Request for annexation and zoning of .66 acres from R-1 to R-8 zones for Ted Cunningham by Ted Cunningham - 125 Blue Herron Lane: Meridian City Council Meeting January 15. 2002 Page 21 of 72 Corrie: Next is Ordinance No. 02-935. This is a request for annexation and zoning of .66 acres from R-1 to R-8 zones for Ted Cunningham by Ted Cunningham, 125 Blue Herron Lane. Mr. Berg, if you will read the Ordinance No. 935 by Title only. Berg: Thank you, Mr. Mayor and Members of the Council. Ordinance No. 02-935, an Ordinance finding that certain land to be known as the property of Ted Cunningham, 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 medium density residential district (R-8); and declaring that said land, by proper legal description as described below, be a part of the City of Meridian, County of Ada, State of Idaho; repealing all ordinances, resolutions, orders or parts thereof in conflict herewith; and directing the city engineer to add said property to the official maps of the City of Meridian, Idaho; and directing the Clerk of the City of Meridian to file a certified copy of the ordinance and map of the areas to be annexed with the Ada County Recorder, Auditor, Treasurer and Assessor, and the State Tax Commission of the State of Idaho, pursuant to Idaho Code Section 50-223 and Section 63-2215. Corrie: Okay. You have heard the reading of Ordinance No. 02-935 by Title only. Is there anyone here who would like to have it read in its entirety? Hearing none, Council, I'd entertain a motion on Ordinance 02-935. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I move that we approved Ordinance No. 02-935 with the suspension of rules and also to reflect in the Title only that it's published that we did order the suspension of rules. McCandless: Second. Corrie: Motion has been made and seconded to approve Ordinance No. 935 in it's entirety, with the notation. Any further discussion? Okay. Clerk, roll call. Role Call: Bird, aye; de Weerd, aye; McCandless, aye; Nary, aye. Corrie: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 8: Ordinance No. 02-936: AZ 01-017 Request for annexation and zoning of .193 acres from RUT to R-4 zones for Packard Acres No. 1 by Packard Estates Developers, LLC - east of North Wingate Lane and south of East Ustick Road: Corrie: Item No.8 is Ord inance No. 02-936, request for annexation and zoning of .193 acres from RUT to R-4 zones for Packard Acres No. 1 by Packard Estates Developers, Meridian City Council Meeting January 15,2002 Page 22 of 72 LLC, east of North Wingate Lane and south of East Ustick Road. So if the Clerk will read Ordinance No. 02-936 by Title only. Berg: Thank you, Mr. Mayor, Members of the Council. Ordinance No. 02-936. An Ordinance finding that certain land adjacent to Packard Acres No. 1 is contiguous or adjacent to the city limits of the City of Meridian, County of Ada, State of Idaho, and finding that the owner has made a request for annexation in writing to the Council and that said land be annexed to the City of Meridian and zoning designated low density residential district (R-4); and declaring that said land, by proper legal description as described below, be a part of the City of Meridian, County of Ada, State of Idaho, repealing all ordinances, resolutions, orders or parts thereof in conflict herewith; and directing the city engineer to add said property to the official maps of the City of Meridian, Idaho; and directing the 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. Corrie: Okay. You have heard the reading of Ordinance No. 02-936 by Title only. Is there anyone from the audience who would like to have Ordinance No. 936 read in its entirety? Hearing none, I will entertain a motion from Council on Ordinance No. 936. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I would move the approval of Ordinance No. 02-936, request for annexation and zoning of .193 acres from an RUT to R-4 zones for Packard Acres No. 1 by Packard Estates Developers, LLC, with the addition to the Title that includes that the Council by - - pursuant to Idaho Code waived the reading of the Rules as required to reflect in the Title. McCandless: Second. Corrie: Okay. Motion made and seconded to approve Ordinance No. 936 with the addition of the statement by Title only and the suspension of rules. Any further discussion? Hearing none, Mr. Berg. Role Call: Bird, aye; de Weerd, aye; McCandless, aye; Nary, aye. Corrie: Okay. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 9. Tabled from December 18, 2001: FP 01-015 Request for Final Plat approval of 23 building lots and 5 other lots on 8.15 acres in an R-4 zone for Staten Park Subdivision by D'Alessio Building Development - south of West Ustick Road and North Black Cat Road: Meridian City Council Meeling January 15, 2002 Page 23 of 72 Corrie: Item No.9, tabled from December 18, 2001, it's a request for a Final Plat approval of 23 building lots and 5 other lots on 8.15 acres in an R-4 zone for Staten Park Subdivision by D'Alessio Building Development, south of West Ustick Road and north of Black Cat Road. Council, you have in front of you also a request to have that tabled to the 5th of February due to the sale of the property. De Weerd: Mr. Mayor? Corrie: Ms. de Weerd. De Weerd: I would make a motion that we table FP 01-015, request for Final Plat approval of 23 building lots and 5 other lots for Staten Park Subdivision to February 5, 2002. Bird: Second. Corrie: Okay. Motion has been made and seconded to table Item No.9, FP 01-015, until the 5th of February meeting. Any further discussion? Hearing none, all those in favor of that motion say aye. Opposed no? All ayes. Motion is carried. We will take that up on the 5th of February. MOTION CARRIED: ALL AYES. Item 10: Public Hearing: CPA 01-001 Request for a text change amendment to the 1993 Comprehensive Plan by Falcon Creek, LLC: Corrie: The next one is a Public Hearing. This is a request for a text change amendment to the 1993 Comprehensive Plan by Falcon Creek, LLC, and as we mentioned earlier at the beginning of the meeting, that was requested to be tabled until the 19th of February for a continuation of the Public Hearing. Council have any discussion? Okay. I'll entertain a motion on the continued Public Hearing for Item No.11. No. Excuse me. Item 10. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: Procedurally how can you continue a Public Hearing if you haven't opened it? So-- Corrie: Oh, you're absolutely right. I didn't open it. De Weerd: We are going to table it; right? Corrie: Right. De Weerd: Okay. Mr. Mayor? Corrie: Mrs. de Weerd. Meridian City Council Meeting January 15, 2002 Page 24 of 72 De Weerd: I would make a motion to table CPA 01-001, request for text change amendment to the '93 Comprehensive Plan by Falcon Creek, LLC, to February 19,2002. Bird: Second. Corrie: Motion has been made and seconded to table the Public Hearing on Item No. 10, CPA 01-001. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: By tabling this, this is from a noticed Public Hearing, which I know we haven't opened, but by tabling the Public Hearing does Mr. Berg have to renotice this hearing or if we open the Public Hearing can we simply continue it? Because all those people that were here anyway heard that and the notice will be posted anyway. Would that be correct, Mr. Berg? Wouldn't you have to renotice it if we tabled it? Berg: Mr. Mayor, Members of the Council, yes, I feel if we tabled it I would have to renotice it and get it out to the people, whereas if we continued the hearing after we opened it I could just call the -- I'm sure I could get ahold of Mr. Crane and he could contact all of his people, as well as I would contact the applicant. Nary: And it was brought up at the beginning of the meeting by the Mayor that it was going to be continued to the 19th of February, so I mean they did have some notice we would do that, as well as the Agenda notice that we can print it anyway; is that correct? De Weerd: I will withdraw my motion. Bird: I will withdraw my second. Corrie: Okay. In that case I will open the Public Hearing on Item No. 10 and request that the Public Hearing be continued until the 19th as requested. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I'd make a motion to continue the Public Hearing for CPA 01-001, request for text change amendment to the '93 Comprehensive Plan by Falcon Creek, LLC, to February 19, 2002. Nary: Second. Corrie: Okay. Motion has been made and seconded to continue the Public Hearing for CPA 01-001. Is there any further discussion? All those in favor of the motion say aye. All ayes. Motion carried. Thank you. Meridian City Council Meeting January 15, 2002 Page 25 of 72 MOTION CARRIED: ALL AYES. Item 11: Public Hearing: CUP 01-028 Request for a Conditional Use Permit for a fast food restaurant with drive-thru in a C-G zone for proposed Wendy's by Wenco, Inc. - northwest intersection of Corporate Drive and East First Street: Corrie: Item NO.11 is a Public Hearing. This is a request for a Conditional Use Permit for a fast food restaurant with drive-thru in a C-G zone for proposed Wendy's restaurant by Wenco, Inc., northwest intersection of Corporate Drive and East First Street. At this time I will open the Public Hearing and invite staff comments first. Stiles: Mr. Mayor and Council, this is for the property that's immediately north of Bolo's. It's in between Meridian Road and East First Street. There is currently a house on that site that was approved. It was temporary use for Beniton Construction, I believe. We have read the recommendations of the Planning & Zoning Commission and have two items that were outlined in a position statement that David McKinnon wrote today and hopefully you have that in your packet. Recommendation 1.1 should be revised to read the three existing crab apples shall be moved and replanted on site an recommendation 1.2, the paragraph should be replaced with applicant shall install parking as submitted. There were -- the parking configuration that had been submitted, the dimensions didn't comply with city ordinance, but the applicant's representative did come with some dimensions that are approved through the Urban Land I nstitute and Planning and Zoning Commission recommended that we approve those as they were shown on the plan. With those changes we would recommend approval with all other staff and agency conditions. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Shari, on the recommendation 1.2, wouldn't it simply be easier to delete from that sentence and Ordinance 11-13-4.F? Because we do want them to stripe it and we do want them to typically subfTlit a site plan, so the Ordinance I think is where the issue was, wasn't it, as to the size of the spacing and all of that? Stiles: Unfortunately, I don't have the actual findings with me, so you're probably right. Nary: Yes. I think if we just delete that last portion of the sentence it would still be correct, because then the sentence would read: Shall be installed and striped in accordance with the submitted site plan. Stiles: Yes, we certainly do want them to be striped. Corrie: Any other comments from staff? De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. Meridian City Council Meeting January 15, 2002 Page 26 of 72 De Weerd: So, Shari, regarding the parking stalls, is it -- I'm just asking for clarification. Does it still comply with the standard parking sizes as required by our Ordinance? Stiles: No, they don't. That's what they changed when they submitted -- De Weerd: And that is the recommendation from P&Z to change those to a smaller size? Stiles: Yes. I believe it was mostly the length. De Weerd: Length. Stiles: Because they were using the overhang for the landscaped areas. I don't think they are asking for any relief on the width. I should probably double-check that. I don't know if Mr. Nary still remembers what that issue was. De Weerd: One other question, Shari, and that's regarding the buffer over by Blimpie's. The five foot landscape buffer. That is going to be maintained? Ifs going to be required; is that correct? Stiles: They are not going to have the screen -- the crabs, they are going to relocate those on the site. Planning and Zoning Commission recommended that the concrete median would be adequate as a separation for the two driveways. De Weerd: Rather than a landscaped median? Stiles: Yes. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I can maybe shed some light on that for Councilwoman de Weerd. That particular strip there will not be maintained in grass, when that strip was -- the recommendation was to allow it to be cement, but to have the screening -- the site barrier screening, because that drive-thru faces west, the drive-thru for Blimpie's faces east, and the screening is to prevent light shining from cars facing each other and that wasn't a spot to be able to maintain grass and that was the reason for that. The other question that Shari mentioned was the parking stalls. I think the issue and the -- Mr. Strite could probably answer that, but the issue is the length of the parking stalls. They were a lot longer than is necessary. The one thing I didn't see in here, Shari, I didn't see it in front of you, was an issue about an escape lane, an escape out of that drive-thru lane and J didn't see that in here and maybe I just missed it. Stiles: I don't recall what that was. Where would it be located? Nary: In the middle of that drive-thru, because that's such a lengthy drive-thru lane, there is 13 cars I think in that drawing, there was an issue that was raised about having Meridian City Council Meeting January 15, 2002 Page 27 of 72 an escape right in this location so that way if a car was here, they would be able to exit, but it would be an exit only, there would be no access into the drive-thru in this location, but merely an exit and Mr. Strite indicated it wouldn't be a very difficult design, why we ought to do that and I didn't see that in these findings. Stiles: Yes. I do recall that being discussed, so that should be added to there -- to the findings. De Weerd: I have no further questions. Corrie: Anything else, Shari? Stiles: No, I don't. Corrie: Okay. Any other staff comments? This is a Public Hearing, we have opened the Public Hearing for this and the representative of the applicant? If you could raise your right hand. Do you swore the testimony you're about to give is the truth, the whole truth, and nothing but the truth, so help you God? Strite: [do. Corrie: Give your name and address, please. Strite: Mr. Mayor, Council Members, Billy Ray Strite, 1010 Allante, Boise. I'm here on behalf of Wendy's, the applicant, certainly in support. I wasn't exactly sure how to put together a presentation after I read the Findings of Fact. Councilman Nary did aptly bring up -- and I was going to suggest that the by-pass lane be included. What I did do and for public record I put together my findings of fact as I recall them and wrote them down. I had -- at that time Commissioner Nary made the motion and Mr. Centers seconded that motion and they added an Item No. 15, which was the escape lane, one way out. I subsequently sent a memo and a revised site plan to Mr. McKinnon. I'd like, if I could, to present that to the Council and I also have one for the staff. I apologize I don't have one for everybody. Again, I wasn't sure how to put this together after reading the comments this afternoon. I did, however, get the position statement from David. He was nice enough to fax that to me. So maybe if you just take a second and look at these. I have no have further comments. I think that the Planning and Zoning Commission was right in their findings and if this, in fact, would be sufficient evidence of that -- again, you will find in my notes relative to the conditions as were imposed by the Planning and Zoning Commission and you will find that the revised site plan included the by-pass lane number one. It also included the raised light screen, which was not a landscape screen, but it was one that was brought up by the Commission and I think that aptly so and it was noted in my notes that it would be something we would discuss with staff. No problem with the condition and we are prepared to do so. And the final issue, of course, was the parking dimensioning and as I think Councilwoman de Weerd mentioned, we didn't really change anything in the width, all we are suggesting is ULI has suggested in numerous articles that in lieu of providing, as you have in your parking lot, you might all recall pulling up and hitting a parking bumper, three foot in front of that parking bumper you have got a concrete curb. So it's a little redundant. We are paving more [and, we are losing more of our landscaping, so we requested that the dimensions Meridian City Council Meeting January 15, 2002 Page 28 of 72 be reduced by the width of two foot eight to three feet, that being the average dimension from wheel base to bumper on a normal automobile. Again, I did not bring the ULI manual with me, I think the Planning and Zoning made a fine statement and I would trust that the Council will do the same. I have no other suggestions. I think the staff report, based on the findings that you see in the Planning and Zoning Commission had given in the rewriting by Mr. McKinnon, with the addition of the by-pass lane is certainly acceptable by Wendy's and we'd ask for your approval. Corrie: Any comments? Questions? Bird: I have none. Corrie: Okay. Thank you. Strite: Thank you. Corrie: Mr. Berg, do we have any testimony from things -- okay. All right. This is a Public Hearing. I will open the Public Hearing to anyone from the public who would like to speak in this Public Hearing in favor of Wendy's. Okay. Anybody that's not sure that wants to testify? Anybody who is against Wendy's testimony? Okay. Hearing none, Billy Ray, if you have anything that you want to say again, I don't think see anybody having any testimony, so -- Strite: Thank you, Mayor, no. Corrie: Okay. Let the record show that the applicant said no. Okay. Council, discussion? De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I guess a little clarification. The length of the parking stalls were more for protection of trees in the case that those parking stalls were abutting the landscaped area that had trees, because of the damage to the trees with the overhang of the cars, and in this regard it didn't have any trees, so I would not be opposed to the length of the parking stalls. I guess you would have some concern with the overhang and the sidewalk there, that you may be a little squeezed in walking by the cars with the overhang, but I don't know that that's a big issue. So I have no further problems with what's being recommended. Corrie: Any discussion? Okay. If there is no further discussion, I will entertain a motion to close the Public Hearing. De Weerd: So move. Bird: Second. Meridian City Council Meeting January 15, 2002 Page 29 of 72 Corrie: Motion made and seconded to close the Public Hearing on Item No. 11, CUP 01-028, Wendy's by Wenco, Inc. 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: Any further discussion, Council? Bird: I have none, Mayor. Corrie: I'll entertain a motion on the request for the Conditional Use Permit for Wendy's. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I move we approve CUP 01-028, request for a Conditional Use Permit for a fast food restaurant with drive-thru in a C-G zone for proposed Wendy's by Wenco, Inc., and to include all staff comments with the noted changes to include the by-pass lane that was not in the current findings and to have the attorney draw up the Findings of Fact and Conclusions of Law and Decision of Order. Bird: Second. Corrie: Okay. Motion has been made and seconded to approve the request for Conditional Use Permit and to include staff comments and changes and have the attorney draw up the Findings of Facts and Conclusions of Law and Decision of Order. Any further discussion? Hearing none, Mr. Berg. Role Call: Bird, aye; de Weerd, aye; McCandless, aye; Nary, aye. Corrie: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 12: Public Hearing: AZ 01-019 Request for annexation and zoning of 4.25 acres from RUT to C-N zones for LOS Church by Larry Maurer - south of East Franklin Road and east of South Locust Grove: Item 13: Public Hearing: CUP 01-038 Request for a Conditional Use Permit for the development of an LDS Church in a C-N zone for LDS Church by Larry Maurer - south of East Franklin Road and east of South Locust Grove Road: Corrie: Item Nos. 12 and 13 are two Public Hearings. One is a request for annexation and zoning of 4.25 acres from RUT to C-N zones for an LOS Church and Item No. 13 is also a Public Hearing requesting a Conditional Use Permit for the development of the LOS Church in a C-N zone for an LOS Church by Larry Maurer. At this time, since this does have a Public Hearing on both items, I will open both of them at this time. Your Meridian City Council Meeting January 15, 2002 Page 30 of 72 testimony could be for either one or both for the record today. At this time I will open the Public Hearing, have Staff's comments first. Stiles: Mr. Mayor and Council, this is property that is just across the street of what was formally approved as Cobblestone Square Apartments. We did receive evidence that the parcel line adjustment is being accomplished in the county, as we would not be able to do that in the city limits with our current ordinance. They have also submitted a revised landscape plan. Hopefully you have a copy of that in your packet that we have been assured that 15 additional trees will be provided as part of that plan. We did have a letter from Arthur Berry protesting the church appearing there, because of the state code requirement requiring anyplace that's dispensing alcohol to be at least 300 feet away and the applicant's representative has indicated to me tonight that his property is over 400 feet away, so it would not impair the ability to get a license there and that can also be waived by Council. So with that we would recommend approval of the project, both the annexation and zoning and a Conditional Use Permit with the staff and agency conditions. Corrie: Okay. Any questions, Council, of staff? De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: Shari, I don't see in the recommendation from the Planning and Zoning Commission, but there is a letter in here asking about tiling of ditches and making sure their irrigation water is delivered to them. Usually you have standard comments in the staff comments about irrigation or laterals. Are there ditches running through this property and, if so, will they be required to be tiled or is that something that wasn't addressed at P&Z? Stiles: They will be required to tile it. That is city ordinance. We didn't spell it out specifically. I'm not sure why, but we do include in our comments sometimes just ordinance conditions that we probably shouldn't necessarily point out, we just like to maybe bring those home .at times, but they will need to meet the city ordinance requirements. They haven't requested a waiver from any of those requirements to tile the ditches and they will have to meet state code requirements as far as making water accessible to downstream users. De Weerd: So we can just insert the standard staff comments regarding ditches and - Stiles: Sure. Yes, we can. Corrie: I assume you're talking about the -- De Weerd: Yes. I'm sorry. I didn't have it in front of me, so it-- Corrie: Okay. Since this is a Public Hearing is there anyone from the audience that would like to issue testimony in favor of this request? Ma'am? If you'd raise your right Meridian City Council Meeting January 15. 2002 Page 31 of 72 hand. Is the testimony you are about to give the truth, the whole truth, and nothing but the truth, so help you God? Powell: I do. Corrie: Thank you. Give your name and address, please. Powell: My name is Anna Powell. I'm with B&A Engineers, 5505 West Franklin, and I'm representing the applicant Larry Maurer for the LOS Church. I wanted to clarify the irrigation issue just real fast. It goes -- it kind of comes up like this, crosses over for a tiny bit, and then drops back down into this property and what Mr. Maurer has said he will do for the neighboring property owners is to go ahead and tile it over here on his property and we will just leave one stub, basically, going into ours, but then we take it back there and drop it where it was before, so we basically move it off of our property. De Weerd: Okay. Thank you. Powell: And regarding the convenience store that was up here, I note -- the church property is actually right there. So this distance from here to here is 480 feet, approximately. So he's well outside of the 300 foot limit. Other than that, we are -- the conditions of approval we don't have any problem with any of them and staff actually did a good job deciphering everything from the Planning and Zoning hearing, so I'll stand for questions, but -- Corrie: Any questions of Council? Bird: I have none. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I guess is there -- the issue of the buffer on the -- I can't remember which property line, from the 5 to 10, did you have any issue with that? Powell: No. We were able to meet all the -- the revised site plan that you have actually addresses almost all of those site specific concerns that P&Z had. We were able to accommodate all of them. De Weerd: All right. Thank you. Corrie: Okay. Thank you. Powell: Thank you. Corrie: Anyone from the public that would like to issue testimony in favor? Okay. Is there anyone that would like to issue testimony neutral? Yes, sir. Raise your right hand. Do you solemnly swear that the testimony you're about to give will be the truth, the whole truth, and nothing but the truth, so help you God? Meridian City Council Meeting January 15, 2002 Page 32 of 72 Cowan: Yes, I do. Corrie: Will you give us your name and address, please. Cowan: Rob Cowan. 1821 East Franklin Road. The only concern I have is my lower property that the irrigation feeds, which is across the creek. If you pull up the map I can show you that. I haven't had a chance to talk with anybody on the property to make sure that that is covered, but right -- actually, if you go to the - yes. Right there. Go a little more to the left. That whole piece of ground right there on this side of the creek -- yes. Right there -- is watered from that fill. It runs down and waters all that. That's the only concern I had. Corrie: Okay. Thank you. Anyone else? Anyone that wants to testify against the project? Hearing none, would you like to address that if you could? Name again, please. Powell: Anna Powell, B&A Engineers. Mr. Mayor, Members of the City Council, this has never been brought to our attention before and I'm assuming that the gentleman said that it was just tail water that irrigates that, because there is quite a bit of slope in this direction. So our property is this one right here. We don't border his there. I'm not sure what to do on the ditch. I guess this issue hasn't come up before, so I'm a little bit stumped as to what to do. The only irrigation facilities that I know of, as I said before, come up here and then drop back in. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: How is the water -- isn't there a drain ditch that goes -- a collector ditch that goes down through there? Cowan: The water comes up here and then is irrigated down here and the ditch runs all the way along this whole length. Bird: And comes across the road? Cowan: Exactly. Bird: It comes across the road and then heads over-- Cowan: Well, yes. This is the Five Mile Creek. Bird: Yes. Cowan: But there is an irrigation ditch right above the creek that carries water down into this area -- Bird: Then it goes across the creek into yours to irrigate the lower -- the north part of yours? Meridian City Council Meeting January 15, 2002 Page 33 of 72 Cowan: Yes. It runs right into here. So my concern is just as long as we will still have water access to that area. That's the only problem I had. (Inaudible discussion by unidentified person.) Bird: You're that little piece there? Cowan: This piece here. Bird: Okay. Cowan: That's where we get our water. I've also got a pipe that comes across the other way if we can't ever get water to it. Corrie: Any further discussions we need to get you on the mike, because we have a stenographer. De Weerd: The point was that the water will be delivered. Bird: Still be delivered. Yes. Corrie: Okay. Any further discussion for Council at this point? De Weerd: I have none. Corrie: Okay. Then I will entertain a motion to close the Public Hearing for Items 12 and 13. De Weerd: So moved. Bird: Second. Corrie: Motion has been mf:lde and .seconded to close the Public Hearing on Items 12 and 13. De Weerd: So moved. Nary: Second. Corrie: Okay. All those in favor of the motion say aye. All ayes. The Public Hearing is closed. MOTION CARRIED: ALL AYES. Corrie: Council, discussion? Bird: I have none. Meridian City Council Meeting January 15, 2002 Page 34 of 72 Corrie: I'll entertain a motion on the request for annexation and zoning of AZ 01-019. De Weerd: Mr. Mayor? Corrie: Ms. de Weerd. De Weerd: I move that we approve AZ 01-019, request for annexation and zoning of 4.25 acres from RUT to C-N zones for the LDS Church and to ask the attorney to draw up the Findings of Facts and Conclusions of Law and Decision of Order, to include all staff comments and to -- and that's it. Bird: Second. Corrie: Motion has been made and seconded to approve the request for annexation of 4.25 acres and to have the attorney draw up the proper papers. Any further discussion? Hearing none, Mr. Berg. Role Call: Bird, aye; de Weerd, aye; McCandless, aye; Nary, aye. Corrie: Okay. All ayes. Motion is carried. MOTION CARRIED: ALL AYES. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I move that we approve CUP 01-038, request for Conditional Use Permit for the development of an LOS Church in a C-N zone for LOS Church and to ask the attorney to draw up the Findings of Facts and Conclusions of Law and Decision of Order, to include staff comments with the special notation about tiling, drainage, laterals, standard staff comments that are generally in the staff comments. Bird: Second. Corrie: Okay. Motion has been made to approve the Conditional Use Permit for the development of the LOS Church in Item No. 13, have the attorney draw up the Findings of Facts and Conclusions of Law and the Decision of Order, to include staff comments Any further discussion? Hearing none, roll call vote, please. Role Call: Bird, aye; de Weerd, aye; McCandless, aye; Nary, aye. Corrie: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 14: Public Hearing: CUP 01 ~035 Request for a Conditional Use Permit for the construction of a building to be used for wholesale building material distribution in an I-L zone for Intermountain Wood Products by The Meridian City Council Meeting January 15, 2002 Page 35 of 72 Banks Group, LLC - south of East Franklin Road and west of South Locust Grove: Corrie: Item No.14 is a Public Hearing request for a Conditional Use Permit for the construction of a building to be used for wholesale building materials distribution in an 1- L zone for Intermountain Wood Products by Banks Group, LLC, south of East Franklin Road and west of South Locust Grove. At this time I will open the Public Hearing and staff comments first. Stiles: Mr. Mayor and Council, the application is for 2 lots within the subdivision. The property was approved for annexation under the terms of the Development Agreement, which required that all uses adjacent to residential use would require a Conditional Use Permit. There was a little bit of discussion last time. It was confusing as to what they were providing adjacent to the residential uses. They do have a 20 foot planting strip that is not always in the best condition adjacent to those residential units, That is the responsibility of the entire subdivision and not individual owners, but we are continually trying to enforce the conditions of that condition of that approval. I did note on the recommendation to City Council that ten copies of the new landscape plan were to be submitted at least ten days prior to this application being placed on the City Council Agenda. I don't have in my files a revised landscape plan. I don't know if any of you do. Bird: No. Stiles: We do need to see that and I would recommend we get that prior to approving this Conditional Use Permit. The property, as I said, is adjacent to rural residential uses. Right here is where Woodbridge got approval for their office building. This is still I believe an empty lot. The Smiths live here and I believe that Mrs. Smith is here tonight. The Wetherells live here and they have submitted a letter regarding this application. The main concerns were, as they always have been, noise and dust and glare from the lights. The lights have been a continual problem. And also the loading area, since it wasn't clear what they were providing. It appears that their loading dock is entirely enclosed. They will be providing paved areas for all of the parking areas and not gravel as shown on the plan. I believe those were the major issues, but they can speak for themselves tonight. But I d.efinitely would like to get that revised plan, landscape plan, so we can determine if it meets the requirement of Development Agreement and also our city ordinance. Their operation is intended to be fully enclosed. We do have an outdoor propane tank shown on this plan. I don't appear to have a scanned version of the actual site plan, unless it was that last one. Sorry about that. They do have a propane tank and a dumpster that will be enclosed on three sides per city ordinance. The building itself is set back 40 feet, as was required in the Development Agreement. Other than that, provided that they do adhere to all the terms of the Development Agreement and hopefully do not become another enforcement issue out there and be good neighbors, we would recommend that the project be approved with all staff and agency conditions. But, again, we would like to see the landscape plan prior to Council's approval. That's all I have. Corrie: Any other staff comments? Discussion from Council? Bird: I have none. Meridian City Council Meeting January 15, 2002 Page 36 of 72 Corrie: Is the developer here this evening? Okay. Raise your right hand. Is the testimony you1re about to give the truth, the whole truth, and nothing but the truth, so help you God? Banks: Yes. Corrie: State your name and address, please. Banks: Ben Banks. 1948 South West Temple, Salt Lake City, Utah. Corrie: Did you get a copy of the -- Banks: I got it today. They called me in Salt Lake City and I was able to send someone over and pick it up at 4:00 o'clock this afternoon. Corrie: Thank you. Proceed. Banks: Can I respond to this document? First of all, let me respond to the reason we don't have the ten landscaping plans. The instructions that were referred to were made available to us last Friday and I simply haven't had time to do it, but we agreed to do it during the Planning and Zoning Meeting, so that's not a problem. As I went through this letter that I received today, the only issue I had is number 18 where it indicates that the vertical clearance of the covered loading area shall be 13 feet, six inches. Can I walk away from this and point something out over here? I'm assuming you're talking about this clearance right here and that -- I don't know where this 13 feet, six inches came from, because it's not in our plans and it won't work. Semis are higher than 13 feet, six inches. Our heights are well within the restrictions of all the zoning requirements, but this has got to be more than 13, six, and I don't know where that -- that was never discussed in the Planning and Zoning Commission meeting. Bird: Mr. Mayor? Corrie: Mr. Bird, Bird: What -- on your drawings what height do you have shown there? I realize 13 foot, six, gets you a pickup in and that would be about it. Banks: It looks to me like it's about 20 feet. Bird: Is 20 feet necessary for a semi? Banks: Yes. That's enough for a semi to pull in and to be unloaded. The total of the top of the -- the highest point of the building, I believe, is 29 feet. Bird: Do you bring semis in that are enclosed or are they open and -- I know you lift it off with -- Bird: Both. Meridian City Council Meeting January 15, 2002 Page 37 of 72 Bird: You do bring both in? So you bring in the -- the enclosed ones you don't come over the top, surely. Banks: No. We send it to the bank. Bird: The back. And the ones you're lifting from the sides and stuff, you only have to lift up six, eight inches with a hyster to get it unloaded. I think most of your -- I don't agree with the 13, six. I think that is a little small. But I think 20 foot is too much. I think most of your power lines and stuff are around 14 and a half, 15 feet, and your semis go underneath them all the time. Banks: J guess I'm wondering why the height is an issue at all. Bird: I don't know. Bowers: Mayor Corrie and City Council Members, I'm not sure what this means either. It's got to be -- he's pulled it out of the code for some reason, you know, from the fire code, but I'm not sure, Bob. I sure don't know. Banks: Do you know what I think it may be? It may be the stacking height of material inside the building. As I recall, that's a fire requirement and whatever that is we live by. Bowers: Yes. That would be under the high pile storage or something like that and that's probably around that area, but, man, I -- maybe he's thinking that there would be high pile storage out there, maybe. Banks: No. There is no storage on the exterior of the building at all. Bowers: I can't tell you what he's thinking. I'm sorry. Banks: The only other thing I would point out is that in the previous meeting with the Planning and Zoning Commission I committed to Mrs. Smith that we would make sure the back of the building was covered, as is noted here, and we are fully prepared to do that. That was in an effort to eliminate noise and fumes from going into their property. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: So all of your business activity will go in that enclosed area and not outside of the building? Banks: The only business activity that goes on outside of the warehouse is in that loading area and that's just loading and unloading trucks. Everything else is inside and it's just storage. We do no manufacturing, no -- nothing like that. Bird: Mr. Mayor? Meridian City Council Meeting January 15. 2002 Page 38 of 72 Corrie: Mr. Bird. Bird: You do no manufacturing or anything, but do you have -- you're strictly wholesale? You only ship out in semis or receive in semis? Banks: No. Bird: That's what I was going to say. You will have other trucks, delivery trucks, the flatbeds and stuff coming there? Banks: We do deliveries out of this and then we will have will-call customers come in in their pickup trucks. Bird: Shari, can you put back the site -- I'd like to know how they got the building -- the footprint of the foundation of the building and how the semis are going to route in and out of that property. Banks: They pull in and then they back out. They do not go around the building at all. Bird: They pull in and then back out on the road? How many semis will average loading or unloading in a day? Banks: Oh, on a daily basis less than one. Probably three a week. Bird: Three a week? Banks: Something like that. Bird: Forty foot or 27 footers? Banks: Most of them are 40 footers. Bird: So, actually, that drive -- that bay that -- the unloading bay or whatever you want to call it, is closed on the ea.st side? . Banks: Yes. It's closed on the residential -- its residential side, as well as the other side. Bird: And all the retail sales and the wholesale sales will be unloaded and loaded out of the -- Banks: That covered loading area. Bird: -- covered loading area, there is no overhead doors to the west entry or anything like that? Banks: No. The only overhead doors come into the loading area, that covered loading area. Bird: Okay. Meridian City Council Meeting January 15, 2002 Page 39 of 72 De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I guess just a little bit more clarification on your propane tank and your dumpsters. Banks: The propane tank is there only as emergency fuel to run a generator. In case the power in the city goes out, we need to have power to run our computers, and so that propane would be an alternative energy source. And the dumpster is just there to collect garbage. De Weerd: Is that the only location that you can put it? That is right next to the subdivision. Banks: As I recall that's where we were required to put it. De Weerd: By our staff? Banks: Yes. De Weerd: I guess I would have that same question for staff, then, too. The propane and the dumpster, is that the only place they can put that? Stiles: I know we did get a comment from SSD that they wanted to make sure they had access to that. The way they use those trucks, they usually want a front-on access to the dumpster. I think it would be a little hard for them to access it the way it is currently situated, but it has to get approval from them as to how they site that. Banks: Part of the problem was according to the subdivision it has to be out of sight and so we had to put it in a place where it was out of sight, but yet accessible to a truck backing in to pick it up and take it off. De Weerd: Can you place it on the site with an enclosed -- with surrounding walls, then? Well -- yes, but someplace where it does meet the requirement, someplace other than back here by the residential area. Banks: I'll put it anywhere you want it, as along as we have access to it. I'm not sure it's going to be an issue, because it's going to be hit by the three walls that are required to put around them. De Weerd: I know you don't have much room to work with. You're utilizing every square foot you can. Banks: I guess if I could ask the question, what's the concern with where it is? Meridian City Council Meeting January 15, 2002 Page 40 of 72 De Weerd: Well, I think it was raised as a concern by the homes that abut that and, you know, since there is only a few residences out there, why you couldn't put it as far away from the residential -- Banks: Is the concern smell? De Weerd: The concern is probably more noise and when they come to pick it up and empty it and those kinds of concerns and, yes, the garbage trucks when they go in reverse does make a lot of noise. So -- and this is a real tight squeeze. Banks: These aren't the same kind of garbage trucks you're used to. These trucks don't go beep beep. These are big containers that they haul the whole container with them. They don't stand and dump it there. They pick it up and they go dump it and bring it back. De Weerd: And how are they going to turn in this short area? Banks: You know, [ -- can I look at your map? They back in, pick it up, and drive off. De Weerd: So they will be backing in that-- Banks: They come in the driveway, back up, pick it up, take it, and then bring it back. Bird: You got a 40 yard, 20 yard dumpster? Banks: Right. Bird: Yes. There is no -- Banks: The only thing that goes in this dumpster is scrap wood products that come from packaging from the trucks and the steel banding that holds things together. De Weerd: Well, ['m still -- my comment was more how you get in there and get out. Banks: Well, again, I would be happy to put it anywhere, but you tell me where you want it. If you put it over here it's more problematical to get to. If you put it up here closer, then we violate the covenants of the subdivision, because then it's in sight. I would be happy to put this propane tank over here. That moves it away from this area. Bird: I don't think the fire department would allow that. Banks: Yes. The fire department might not allow that. But there will be a barrier here, so it will be shielded from the subdivision. Bird: How often will you have to dump it? How often will you be dumping that -- is it 30 or 40 yard? Banks: Oh, I suspect -- I'm not sure, but I would suspect it might get dumped every other week, once a week at the most. Meridian City Council Meeting January 15. 2002 Page 41 of 72 Bird: And is there backup -- there is no noise. Corrie: Do you have any questions, Mrs. de Weerd? Okay. Go ahead. Banks: That's it. Corrie: That's it. Okay. Any other questions, Council? Bird: I have none. Corrie: Okay. Thank you. Anyone here that would like to issue testimony in favor of the project? Okay. Anyone neutral? Okay. I have two signed up that -- against, Jeri Smith and Laura Anderson. Jeri Smith. Raise your right hand. Is the testimony you're about to give the truth, the whole truth, and nothing but the truth, so help you God? Smith: Yes, I do. Corrie: Okay. Give your name and address, please. Smith: Jerj Smith. 325 South Locust Grove, Meridian. First off, Mr. Bird, I'm sorry to have to contest the noise. I n fact, I put in a call this afternoon to Mr. Gregory and it's terribly noisy over there when they dump those. In fact, they dumped them this morning and you could not sleep after about a quarter after 6:00 this morning. Bird: Were they the type that's up on the truck and dumped? Smith: At 6:00 o'clock in the morning I didn't go look. I'm sorry. But it's a terrible bang and you can hear them every time they start up and every time they stop at each one of the businesses over there and it's a terrible noise. One thing I heard him discuss was the -- and I'm very concerned about that, because they have opened that road up that goes all the way to Watertower Lane -- Watertower Road and he's talking about backing up a 40 foot truck onto that roadway and I saw five semis go by just tonight out my kitchen window that went down that road and they were not going at a slow pace. That concerns me and there is people that -- there is a lot of cars that are using that and I'd like you to take that into consideration. It is an open road and it will be more so as time goes by when the police station opens up. The diesel fumes I didn't hear you mention, but those are a big concern to us, because when they were under construction on the other building, the diesel fumes were terrible over there. Not only the dust under construction, which we are going to get some of that, I understand that. The prevailing winds coming from the west. The noise and the diesel fumes are going to be really bad and I would like you to take that under consideration. And if he insulates that, what I'd like to ask you if they put a lumber yard in your back door what would they do if the diesel fumes and the noise comes that way? I'd like you to take that under consideration before approval. They did leave it open on the discussion in the letter that he sent earlier, the operation of the building. He said, well, mostly it would be like an 8:00 to 5:00 operation. Am I correct on that? Unless they decided to maybe open sooner to load trucks. You know what loading trucks are and semis backing in there and like he -- J just don't think it's a place for a lumber yard to be when he doesn't have room -- if he's Meridian City Council Meeting January 15, 2002 Page 42 of 72 got to go back -- if he's got to back out on a public road, a very narrow road, it's not a five lane highway or anything, but I just don't think there is enough room there for all this loading and unloading and the noise and the diesel fumes and the sound barriers. We already have problems with Schwan's trucks, Schwan's ice cream trucks, that are just west of us. They sit over there and run a great deal of the time and about 11 :00 o'clock at night it's nothing for them to start honking their horns and then they are connected to some refrigeration thing and there is a big propane tank over there and as you all know that is a definite fire hazard and you're talking about putting it out into an open -- by an open field and next to residential. Maybe ifs not going to be used much, but it's still filled all the time and it's a tank there. And as Shari mentioned, we have problems with Mr. Barnes on the landscaping and this has nothing to do with this, but next door on O'Neal's place, the back of their business offices we have problems with weeds and things and I'd like those things to be taken under consideration. But most of all I think the noise and we are mostly all retired through there, some of us are. The diesel fumes and the lack of space to maneuver their trucks and their equipment, the noise associated with that, and I'd like you to take that into consideration. Thank you. Corrie: Thank you. Are there any comments or questions from staff? Bird: I have none. Corrie: Thank you. Laura Anderson. Do you swear the testimony you're about to give is the truth, the whole truth, and nothing but the truth, so help you God? Anderson: Yes. Corrie: Okay. Give your name and address, please. Anderson: My name is Laura Anderson and I live at 255 South Locust Grove. I live next to Mrs. Smith and the proposed site is caddy-corner in my backyard and from this -- I'm right across the drainage ditch from the proposed propane tank and that upsets me, seeing as how I can see that directly from my hay loft that is on the direct corner of that and I do have horses and I do stock hay there and I do stock hay in the sheds that are adjacent all along that corner of my property. I have a tool shed, a hay shed, and a lean- to -- an open lean-to and the shed that's enclosed also has -- you know, I have to be aware of that. I'm just afraid that any fumes or anything igniting that, that would cause harm. I was -- during the construction down the street I also experienced the dust and noise from that and the construction trucks going up and down and it's very loud and I do realize that there is going to be some degree of that, but we are concerned. I don't -- I have lived here for a couple years and I don't know anything about, you know, a lumber yard, plus the height of it and so I'm just concerned about it and I'd like to know - - have a little more clarification about if it's impossible to move that propane tank. Corrie: Mr. Bird? Bird: I have nothing. Meridian City Council Meeling January 15, 2002 Page 43 of72 Corrie: Thank you. Anyone else like to issue testimony? Okay. Okay. Hearing none, if you'd like to answer some of these questions, then I have one as well. What size is that propane tank? Banks: Probably 50 -- no. Just -- it's about two and a half feet in diameter. You know, it's about the size of this pulpit. Bird: How many pounds does it hold? Banks: I'm not sure. I was going to say 50, but I would suspect it's more than that. Bird: Why can't you -- excuse me, Mr. Mayor. Corrie: Go ahead. Bird: While we are on the propane. That propane gives me a real concern. I don't want it closer to the building, but, yet, I don't want it to be endangering somebody else. Why -- if it's not that large, we could certainly enclose that completely with a nice block, fire retardant building and completely enclose it where you could get in and fill it up. It just take a hose to fill those tanks up, unless it's a movable tank and if it's that big around I don't think you're going to be moving it. Banks: I don't think it's movable. Bird: I would think that there would be a way to completely enclose that, so that it would be a fire proof building, so the fumes and stuff are not getting out to where they could start a fire and jump into the property or anyplace. Banks: You know, we could look at that. We have them in 11 locations. We have never had a single problem with a propane tank in all the years we have had those and it's just because they don't get used that much. But I don't know what a fire-proof building costs. I mean the fire proof building could cost more than the generating system for auxiliary power. So we may just forget the whole thing if that's the case. Bird: Well, how about diesel? Banks: What about it? Bird: It's not as flammable. How about diesel as a backup? Banks: That's a possibility, I suppose. We also use propane to fuel our forklifts. It's quieter and there is no -- Bird: You're going to be out there -- you're going to be out there filling -- Banks: Well, I'm not sure -- in this location I'm not sure if they use that to fuel the forklifts or if they just get the little five gallon things and have them brought in every week. But either way I mean it's not a big deal. If it's that big of a deal we could just eliminate the Meridian City Council Meeting January 15,2002 Page 44 of 72 auxiliary power source and eliminate the propane tank. It's not -- it's not important to the running of our business. It's just a backup source in case the power goes out. Bird: What do you do at your other locations? How many locations do you -- Banks: We do both. We have 11 locations. Bird: -- fill up off of that tank? Banks: Well, only one location do we fill up off that tank. The others have a propane service that brings in the small bottles that fit on the forklift. So -- but I would be happy to look at enclosing that. I'm not sure -- when you say your fireproof building, are you talking about cement walls and roofs? Bird: Block. And I'm sure there is some other retardant -- I mean you can build up a steel one or something like that and shoot it with the fire retardant stuff. Banks: I would be happy to -- Bird: I mean that's what they do in the big buildings now. Banks: Yes. We could put a steel building around it, just like the warehouse, that would prevent any spread. Let me respond to the other questions and, Mrs. Smith, if I don't get them all you tell me. I think one of your concerns was the noise and garbage early in the morning. We are typically not open at 6:00 in the morning, we open at 8:00, and the garbage is dumped between 8:00 and 5:00 and so I just don't think that's going to be an issue for us. I don't know why they'd come that early. We are not there. So in terms of dust during construction, I can't say anything about that. That's just part of the construction process. Once the construction process is over, then the dust ceases to be a problem. The diesel fumes, I think by enclosing that loading area we mitigate that as much as we possibly can. What were the other concerns? Oh, backing the trucks up. We back trucks out in most of our locations and it has not been a problem and that's one of the reasons we bought this property is because right across the street from our driveway is that other one,.so you can back out and turn and go, so you don't have to jackknife onto the existing road that goes in front of our building. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: There was a letter that we also have from Mr. Bohner for the Wetherells and there is a couple of concerns. Did you see that letter? Banks: I think we had that at the Planning and Zoning Commission. I think one was the noise, wasn't it? Nary: This is a new one. This is the letter dated January 11th from Mr. Bohner. Mr. Wetherell submitted a letter prior. That was at the Planning and Zoning Commission. But this is actually from his counsel. They ask for a couple of things in here, basically. Meridian City Council Meeting January 15, 2002 Page 45 of 72 One of them is they asked for the trash enclosure to be located inside the building, that the propane tank be located away from the adjoining residences. They are asking for a change in the condition that the operation will not emit any noise that interferes with the residential life. And they also ask that the remaining property on the back half of this property that's not part of the site plan currently, that it be paved if there are going to be vehicles driving on it and it wouldn't be used for any outside storage. Banks: First of all, there will be no vehicles driving on it and it will not be used for outside storage. Six foot high walls, I'm assuming that would be the case anyway for the garbage enclosure. And, again, I'm willing to move the propane tank. You just tell me where you want it. Nary: What about the noise issues? Banks: Well, I don't know what to tell you. I don't know what standard that is, interfering with any residential life. Nary: Well, it's not much of a standard. Just what kind of noise? I mean -- Banks: You know, I talked to the distribution manager before I came over here and I said the subdivision rules are six to ten and he said that's not a problem, we just need to know that, and I -- you know, we won't be there before 6:00 and we won't be there after 10:00 and very seldom will we be there from 6:00 to 10:00. It's usually -- it's probably going to be more like 8:00 in the morning until 6:00 or 7:00 in the evening when it's busy. When it's not busy they are gone by 5:00 or 5:30. Bird: Mr. Mayor: Corrie: Mr. Bird. Bird: Will your equipment be running outside of the building at all? Banks: Our trucks have no reason to run outside of the building, no. Bird: I mean your hysters. Banks: The hysters will run outside enough to load a truck, back into the warehouse, back onto the truck. Bird: Now wait a minute. We are going to load and unload in the enclosed deal, so they won't be running outside. Banks: No. Bird: And that is completely enclosed, right? Banks: Right. Bird: That's the same soundproof-- Meridian City Council Meeting January 15, 2002 Page 46 of 72 Banks: Well, not completely enclosed. The front is open. Bird: Well, no, you said you had an overhead door there. Banks: No, not -- see, right-- Bird: You're not having an overhead door there? I know where you're talking about. Banks: The front is open to the street. The back is closed to the residential property. Bird: So basically there will be no running around, no -- because hysters have to have the backup noisers, you know, the -- Banks: Actually, our hysters don't have the backup noisers. It's not a law and you can disconnect them, and so we don't use them. They are obnoxious. Bird: Okay. Well, you answered another question I had. I thought that was enclosed and I was going to wonder how you were going to get rid of the diesel fumes -- Banks: Yes. Bird: -- when you were coming in. So you -- this deal in front is where the diesel fumes are going to come out of that -- Banks: But there is no reason for a truck to sit under there and idle. I mean the truck will be parked in there and turned off. We'll load it, it will start, and leave. So it's not like we are sitting on the property idling diesel trucks. A semi pulls in to be unloaded, it's turned off, we unload it, it's turned on and it leaves. So there isn't a lot of idling going on. De Weerd: At the front of the building? Banks: In that loading area. Bird: The truck will actually end up where -- the diesel will be at the front and will be at the back of the building, so that fume has to come all the way -- hit the top and come all the way back out to the outside to go to the west. Banks: That's why we don't want them idling in there for that very reason. Bird: What? Banks: We don't want them idling in there for that very reason. Our people have to work in that environment and so they will just be in there enough to load and then they will go. De Weerd: And you said those trucks come one to-- Meridian City Council Meeting January 15, 2002 Page 47 of 72 Banks: Well, no, we have three or four delivery trucks that we load in that area all day long, but, again, they are not going to be running. They pull into the loading area and they turn them off, so you won't hear them in the residential area. Once they turn them on they drive off. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: Sir, is your delivery trucks, then, 40 foot or 27 foot semis? Banks: No. No. Bird: They are the smaller three ton flatbeds? Banks: That's true. Bird: And very few of them will probably run on diesel or are they all diesel? Banks: They are diesel. Yes. Bird: Okay. We are talking about a different truck than what are the semis and I understood you said maybe three of the semis would be coming in -- Banks: I'm thinking, you know, three to four a week would be maximum, I would think. Bird: And they are basically to unload, not to load? Banks: That's exactly right. There is no reason for them to be running. And our forklifts don't leave the premises. They are not insured to leave the premises. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: You would be willing to enclose the propane -- Banks: Sure. Bird: -- with some kind of a flame retardant building? Banks: Yes. We could put up a metal building that matched the building that we are building and then spray it will some flame retardant substance. That's fine. Bird: Let me ask you another question. The propane bottles that you use on your hysters, you don't store any of them within the building, extra ones, so that if you run out, you know, your hyster isn't down while you run and get a -- Meridian City Council Meeting January 15, 2002 Page 48 of 72 Banks: J can't answer that. In most of our locations the people that bring those will always bring a spare at the same time, so you have got a spare sitting there. And they are the same size as the ones you use in your backyard barbecue. Bird: They are the two and a half pounders that -- Banks: Right. Bird: I have no further questions. Corrie: Any other questions, Council? Banks: Mr. Mayor, I think you had a question. Did you get it answered? Corrie: I did get it answered. Yes. Banks: Okay. Corrie: I was just checking to see if we had any other questions. Making noise, fumes, hours of -- okay. That's alii have. Okay. Any other questions? Okay. Thank you. Banks: May I ask you a question? This is the first time I have been through this process. What happens now? Corrie: We will close the Public Hearing and we will have the decision for you tonight after we discuss it and make a recommendation either for or against it. Banks: And then do we get a notice from the City of Meridian what your decision is or we just wait -- is your verbal notice all that we get? Corrie: I think -- Shari? Stiles: There will be findings prepared. .. Corrie: Findings, yes. You will have the findings, which discusses yea or nay. You will know tonight and then you will get the findings. Banks: Thank you. Corrie: Thank you. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: The one thing I'd like to clear up for Mrs. Smith and I think if you will call Mr. Gregory in the morning you will find out that what you're hearing out there at 6:00 in the morning is the five and three yard dumpsters that they go in and pick up and ask him if they are roll offs out there and this is what he is using is a roll off and they -- I doubt if Meridian City Council Meeling January 15, 2002 Page 49 of 72 they pick them up before 9:00 or 10:00 in the morning, the roll ofts, and I assure you that they aren't that noisy. But what you're hearing is when they are bringing their trucks in and they do come in early on the commercial routes and they lift them up and they dump them either at the front or the back and then they just turn it down. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: There is still an issue of the landscape map that -- it's hard to act on something without all of the details in front of you, so I don't know if action can be taken tonight anyway. Banks: We have no disagreement with what has been asked. We are happy to comply with that, it's just a matter of submitting the things to you. So there is no disagreement. In fact, I think on closer examination of the plan, you will find that we already are compliant with what you have asked for. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: Did you ask the applicant if he has the new landscape plan? I'm mean I -- Corrie: Let the record show he's shaking his head no. Bird: How soon could he get them? Corrie: Sorry to keep having you come up and down, but the question is how soon? Banks: Well, I will be back in Salt Lake on Thursday. I will Federal Express your requirements to the architect, he would have to redo them, and then we would get them -- I think it would probably take a week or two. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: Are you aware of what they expect in the new landscape? Banks: I'm assuming it's the same finding that the Planning and Zoning Commission asked us to do and those findings came back to us -- I forwarded them to the contractor and he said I think they are already drawn up that way, but he said if they are not, it's not a problem. So -- and I think the big issue was -- wasn't it a three foot berm in front? Bird: I don't know. Banks: I think that was the issue. I think the three foot berm in the front is already on the plan. Meridian City Council Meeting January 15, 2002 Page 50 of 72 Bird: For some reason they asked for new copies of the landscape plan before the City Council Agenda, so -- De Weerd: And that request was made on November 27th in the staff comments. Banks: Not for today it wasn't. I got it today. De Weerd: The staff comments that you had at Planning and Zoning, it's listed in the staff comments from the Planning and Zoning staff submitted to the Commission and that just transferred forward to the Planning and Zoning findings, so this is not new. It was stated back in November that that would be needed for the City Council meeting. Banks: You know, I didn't get those findings -- they were made available to me last Friday. That's when got my first copy. Bird: You didn't get the staff comments -- Banks: No. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: The December 6th meeting of the Planning and Zoning Commission, isn't that where that requirement was included? Banks: Right. And we agreed to it. Nary: So I think that would -- I think what Councilwoman de Weerd is saying is that you knew since December 6th you were supposed to have a new landscape plan. It's now -- Banks: Well, I guess the misunderstanding was I knew that we had been asked to make that accommodation. and we. agreed to do it, but I didn't know that we had a requirement at that point to provide 10 copies of the plan. I thought we had to go through this process first. I didn't know exactly what you needed, so it's my fault. I misunderstood. De Weerd: This is the staff comments that I hope you received November 2yth or prior to the Planning and Zoning Commission meeting. Prior to the December 6th meeting. So that was a stated requirement to have the landscape plan. Banks: Do you have a landscape plan? De Weerd: No. Banks: Let me look in my-- De Weerd: Mr. Mayor? Meridian City Council Meeting January 15, 2002 Page 51 of 72 Corrie: Mrs. de Weerd. De Weerd: While we wait on the applicant for that, Kenny, when you look at the propane tank is there any such structure that you're aware of that can be -- that can cover that and have some form of fire proof capacity to it? Bowers: Mayor Corrie, City Council Members, Councilperson de Weerd, the spray-on stuff is -- yes, is not flammable -- or I mean it's not approved. It just depends on how big the propane tank is, how many gallons it holds. That will tell us how close it can be to a building, how close it can be to property, other people's property. De Weerd: Would you be willing to work with the applicant In looking at such a structure? Bowers: Oh, yes. Exactly. You would be talking mostly probably a pumas block building or a concrete wall or something like that. I'm not sure what you would -- you would have a metal building with spray on. I'm not sure if that's allowed in the code or not. De Weerd: But that's something you can do? Bowers: What we can work with, yes. Banks: I'm getting some advice that if we could just do this is natural gas and avoid this concern that you're having, you know, we are happy to do that. Bird: Be a lot easier. Corrie: It's up to you. Did you fine out about the landscaping? Banks: I don't have it, so I'll have to get it and get it up to you. De Weerd: I'm sorry. Corrie: Okay. Any other questions, Council? Discussion? Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I don't -- until we see the landscaping plan, I think maybe we can continue this until February 5th and I would make a motion to continue it to February 5th and I certainly like his idea of going to natural gas. De Weerd: Is that a motion? Bird: Continue the Public Hearing until February 5,2002. De Weerd: I will second that. Meridian City Council Meeting January 15,2002 Page 52 of 72 Corrie: Okay. Motion has been made to continue this Public Hearing until February the 5, 2002, to answer some questions that need to be answered by the applicant. Any further discussion? Bird: I think Mrs. Smith has something she -- Corrie: Oh. Okay. Just one question. I don't want to get a back and forth dialogue here, but come up, go ahead, then. I will allow just one. Smith: Jeri Smith. I'd like to ask the question is it against law to disconnect, as far as OSHA is concerned, the beepers on hysters? Corrie: That's a question I couldn't answer. [ don't know whether the attorney can look into it for you and we can -- you ask that question again the 5th and we will have an answer for you. Smith: Okay. Corrie: Mr. Attorney -- Mr. Nichols, if you will kind of look into that. They say you don't have to, but we will ask the question, so I'll let you now already. Nichols: Mr. Mayor, Members of the Council, I'm not sure it's appropriate for me to even inquire if it's an OSHA regulation or anything else. There is -- I'm not sure it's a city code enforcement issue with regard to that and so -- [ mean if the Council wants the answer, I can try to find the answer, but in terms of this discussion and this application for Conditional Use Permit, the applicant is always required to obey all laws, so -- Corrie: Thank you. Okay. De Weerd: Mr. Mayor? Corrie: Yes, Mrs. de Weerd. De Weerd: Just in form of discussion, in addition to the landscape plan, maybe the applicant can come back and talk about if he's going natural gas or propane, but bring back what your decision would be in that regard and perhaps you could get with Mrs. Smith and answer whatever questions that she has that doesn't have anything to do with our side of this application. Corrie: Okay. Any further discussion? Hearing none, all those in favor of the motion to continue the Public Hearing until 2/5/02 say aye. Opposed no. All ayes. Motion carried. We will continue this Public Hearing on February the 5th, 2002, and get some answers. MOTION CARRIED: ALL AYES. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. Meridian City Council Meeting January 15. 2002 Page 53 of 72 De Weerd: Maybe Kenny can also bring back clarification so we can clean up the Findings on the vertical clearance for the covered area. Corrie: Okay. All right I'd like permission of Council to take about a five minute intermission break here and then we will come back with Item No. 15. About 9:05. Bird: So moved. (Recess. ) RECONVENED AT 9:05. Item 15: FP 01-023 Request for Final Plat approval of 3 building lots and 1 other lot on 20.20 acres in a C-G zone for Sparrowhawk Subdivision by Sitzlar Real Estate Development, LLC - northeast corner of North Nola Road and East Franklin Road: Corrie: Okay. I will reconvene this City Council meeting at 9:05. This Item No. 15 is a request for Final Plat approval of 3 building lots and 1 other lot on 20.20 acres in a C-G for Sparrowhawk Subdivision. This is the northeast corner of North Nola Road and East Franklin Road. Staff comments first. Stiles: Mr. Mayor and Council, this is the project located on what was formerly Locust Grove Road and Franklin Road. Now this is Nola Road. They did get annexed into the City of Meridian. John Anderson owns this residential house here. This other little out parcel here is the Wooden Nickel, just to give you some idea of what's surrounding it. We did get a letter responding to the Final Plat comment from the applicant today. I hope you all have a copy of that in your -- I'd like to save the discussion on condition 2.2 regarding water delivery -- irrigation water delivery until I cover some of the other issues. The applicant says -- I mean per condition 2.10, landscaping will be maintained by the property owner's association through the CC&R's. As we go through trying to enforce the landscape ordinance as it's currently written were finding little tweaks that we are going to need to make. One of those is the common lot for subdivisions. They may make sense for the residential subdivisions, but for the commercial subdivisions common lots really don't make any sense. One, it takes it off the property tax roles and - - because the assessor's office counts those as no value and the developers can sell them with some value if it's part of their lot. So that's one thing we will be looking at to change. So they have requested that a condition of the Preliminary Plat be changed so that they are not required to include that landscaping within a common lot. They are aware that they are going to have to provide all of the landscaping up front prior to gettlng occupancy on any portion of this plat. I talked to the applicant and their representative prior to this Public Hearing. On site specific comment number three I would like to add on the perimeter fencing that they -- if they provide the cedar fencing, that that be done with metal posts and not wooden posts, they don't seem to last very long, and they have agreed to that. On number eight regarding the Barker Lateral, we also are not sure why this condition was modified from the original Preliminary Plat conditions. The staff member that wrote that report was not sure where that had come from. So [ think that it may be tied to Nampa-Meridian Irrigation District and their Meridian City Council Meeting January 15, 2002 Page 54 of 72 required easement and some of the conditions they place on those easements when their ditches are tiled. So I just -- I have asked the applicant to provide approval of the landscape plan that we approve of prior to signature on the Final Plat, so we don't run into issues later that we have got an approved landscape plan, but Nampa-Meridian says they can't plan anything over it. So that was the only clarification I wanted to make on that. They don't need to keep the easement for the Barker Lateral, which we don't know even how big that's going to be, separate from the 35 foot landscape setback, if they can meet those conditions for the landscape plan. On number 9 they only -- they state the only trees they have removed from the site are locust trees. Per our landscape ordinance the developer does not have to mitigate for locust trees. There are some other trees on the site, particularly surrounding the house that is there, and they will mitigate for any trees removed in that area. Other than that, we are in agreement. I'd like Gary Smith to cover the irrigation issue. They have some problems with the delivery of the irrigation water to the site. There is an existing well on site, but they are not sure that kind of flows they can get out of that for the amount of landscaping they are going to have. Just along Franklin Road their 35 foot landscape setback will involve more than two acres of landscaping. So it is a significant area that's going to need to be watered and I believe that the applicant is here to discuss some options regarding the irrigation water. I don't know if -- Gary, do you want to talk about this now or after the applicant has their presentation? Smith: Mr. Mayor and Council Members, my staff member informed me today that there is an intermittent flow of irrigation water available to this property and I guess there is a question as to how it could be served with a pressurized irrigation system utilizing the flow that's available. I don't know all the details of the concerns. Bruce Freckleton did speak with Nampa-Meridian Irrigation District and they are considering some kind of a pump station for this general area down near the Tamura-Berry proposed project, somewhere in that area. Other than that, I don't have a lot of details to give you as far as what could be done with the pressurized irrigation system. The other item that I would like to discuss briefly is the estimated water pressure out there. We are looking at a situation similar to what exists at Woodbridge and the applicant is aware of the estimated pressure from our computer model in that area. The solution to providing more pressure there is to connect it to the high pressure zone again, which is I think several thousand feet to the east. The water line was extended from Eagle Road west across the frontage of the Parkway Plaza project on the southwest corner of that Eagle Road-Franklin Road intersection. That's as far as water extends from the high pressure zone. You can see by the arrow on the screen that that blue where the arrow is right now is as far as the waterline extends from Eagle Road on Franklin. So it would need to extend from that point to the west across the frontage of this project. Those are all the comments I have, Mr. Mayor and Council. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: Gary, was that water flow -- if we don't bring that line down, do we have the same situation we have at Woodbridge, it comes back and bites us later? Meridian City Council Meeting January 15, 2002 Page 55 of 72 Smith: Well, Councilman Bird, Mr. Mayor and Council, all I can say is we have similar pressures here that we do at Woodbridge, according to what has been stated by Bruce Freckleton, and that's the 50 psi range of pressure, which is what we estimated at Woodbridge and subsequently was measured at close to that range. If we get into elevated structures at this site, then, yes, there will be problems with pressures at the upper elevations and I don't know what's proposed for it, but we are on the edge again of -- Corrie: Any other questions? Bird: I have none. Corrie: Applicant, any comments other than what you made or any answers to any of the questions that have been brought up? Unger: For the record, Bob Unger with Hubble Engineering, representing the applicants. Our address is 701 South Allen Street. Very briefly, as far as the availability of water on the -- to the site, we understand that once every two weeks you get water to the site for irrigation purposes. That's why we do have a -- it is inadequate. We do have an existing well on the site, which we could use to supplement the water that we will have and after further research we will know how much -- you know, how much we are going to -- what kind of situation we are going to be in and if we need to, as recommended by staff, if we need to, we can go to a more drought resistant landscaping, if we are unable to provide enough water for your standard landscaping. I think as far as item number eight, John Anderson has -- with Nampa-Meridian has reviewed the landscape plan. In fact, he supported putting the lateral underneath the landscape strip. But certainly we have no problem getting a letter or getting into sign off on the landscape plan. Just verification there. As far as the water flows, which was item number 11, which Gary just addressed, we were aware of the situation from the very beginning and we are more than willing to work with the Public Works Department on improving the flows and providing the pressures that we are going to need for the project. I guess the only thing that I'd like to look into is if we are -- if we have to put in that mainline down Franklin, possibly -- and this won't be determined until we get into construction involved as part of the project and working with Public Works, we may ask that some sort of latecomer's fee or some sort of reimbursement for that main that's going in there for others who hook onto it in the future. But I think that's something we have to discuss with Public Works Department and see how it all pans out. Other than that, we are fine with the recommendations from staff and ask for your approval this evening. And, by the way, it's nice to see you all. Corrie: No problem, then, with what's proposed? Unger: No. Corrie: Okay. Council, discussion? Questions? De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. Meridian City Council Meeting January 15, 2002 Page 56 of 72 De Weerd: I guess most of this appears that it can be worked out at staff level and I have no problem with that. They are certainly more qualified than I am, fortunately. Corrie: Any other comments, discussion? Okay. Hearing none, I will entertain a motion for the request for Final Plat approval. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I move we approve FP 01-023, request for Final Plat approval of 3 building lots and 1 other lot on 20.20 acres in a C-G zone for Sparrowhawk Subdivision and ask the attorney to draft Findings of Facts and Conclusions of Law and Decision of Order and to incorporate all staff comments and the noted changes that were discussed tonight. McCandless: Second. Corrie: Okay. Motion has been made and seconded to approve the Final Plat for Sparrowhawk Subdivision with the notations and qualifications of the motion. Any further discussion? Okay. We'll have roll call vote, Mr. Berg. Role Call: Bird, aye; de Weerd, aye; McCandless, aye; Nary, aye. Corrie: Okay. All ayes. Motion is carried for Final Plat approval. MOTION CARRIED: ALL AYES. Item 16: FP 01 ~024 Request for Final Plat approval of 34 building lots on 9.34 acres in an R-4 zone for Vienna Woods Subdivision No. 5 by Skyline Development, Co. - northeast corner of North Locust Grove Road and East McMillan Road: Corrie: Item 16 is a request for Final Plat approval of 34 building lots on 9.34 acres in an R-4 zone for Vienna Woods Subdivision No.5 by Skyline Development, northeast corner of North Locust Grove and East McMillan Road. Okay. Staff comments on the request. Stiles: Mr. Mayor and Council, this is for an Ada County subdivision, which the city is providing sewer and water service to. It's just off Locust Grove. South here is the Edinburgh Subdivision that is approved for half of this subdivision, due to the number of -- the capacity in the lift station that has been constructed in the Vienna Woods Subdivision. All of the comments that were prepared were from the Public Works Department. Planning and Zoning Department did not do any reviews or approvals of this subdivision. They do comply with our landscape ordinance. They have already done the landscaping out on Locust Grove Road and they will be able to be brought into the City of Meridian in the future under the R-4 zoning designation. We wish it were in the Meridian City Council Meeting January 15, 2002 Page 57 of 72 city limits. It's a very nice subdivision and I will give it to Gary to see if he has any issues. Smith: Mr. Mayor and Council, I don't have any issues. I guess would look fOlWard to hearing from the applicant to see if he has any concerns about the conditions of approval that we have offered. Thank you. Corrie: Thank you, Gary. Name? Johnson: I'm Tucker Johnson. I represent Skyline Development. Our address is 10464 Garverdale Court, Suite 710, in Boise. Corrie: Do you have any problems with any of the requirements? Johnson: Mr. Mayor and Members of the Council, I would just have a few items of maybe clarification. Number one -- and I did talk to -- leave a voice mail of Bruce Freckleton, who apparently was the one who wrote the report, so I called him, but I didn't speak to him personally, but I left a voice mail, but did not hear back. But item number one, site specific, because it is a county plat, technically the sentence might be more accurate to read it, as in previous cases, applicant is to meet all terms of the approved Preliminary Plat and add the word applicable city ordinances. Because it's a county subdivision, if there is a conflict between the two, the county ordinances are the governing ordinances. There is usually not much conflict, but just for the sake of text issues. Item number six talks about designating the rear lot line with arrows. We do not have a problem with that. However, the ones with lot and block numbers in this particular sentence are all lots and blocks in a previous phase. So a cut and paste didn't quite get corrected, so if you want to amend your version to read the way mine would, I will help you amend that. If you strike all the lots and block numbers, it would be Lots 6, 8, 12, 14, 16, 18, 23, and 25 of Block 11. Essentially corner lots or odd lots in those hammerhead cul-de-sacks. If I missed one, staff and I can certainly work on -- we are both in agreement on what that issue relates to. The only other item is number 7. A technicality. The county zoning ordinance does not require anyone to go to the minimum sizes and that particular note has not appeared in any of the previous four planning plats, so we will not do so again. And that is the full sum and extent of my comments. We are in general agreement with the bookkeeping fixes and I would stand for any questions. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: So comment number 7 is not applicable? Johnson: That would be correct. De Weerd: Okay. Corrie: Any other questions? Meridian City Council Meeting January 15, 2002 Page 58 of 72 Bird: I have none. Corrie: Okay. Thank you very much. If there are no other questions, any other discussion? Okay. At this point I will entertain a motion for the request for Final Plat, Vienna Woods Subdivision NO.5. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I would move the approval of FP 01-024, request for Final Plat approval of 34 building lots on 9.34 acres in an R-4 for Vienna Woods Subdivision NO.5 by Skyline Development Company, with the city attorney to draw up Findings of Fact and Conclusions of Law pursuant to the staff report, as well as the additional comments by Mr. Johnson this evening for the conditions. McCandless: Second. Corrie: All right. We have a motion made and seconded to request Final Plat approval and for the attorney to draw up the final Findings of Facts and Conclusions of Law with all comments stated on the request. Any further discussion? Hearing none, roll call vote, Mr. Berg. Role Call: Bird, aye; de Weerd, aye; McCandless, aye; Nary, aye. Corrie: All ayes, motion carried. MOTION CARRIED: ALL AYES. Item 17: FP 01-025 Request for Final Plat approval of 27 building lots and 4 other lots on 9.24 acres in an R-4 zone for Ashford Greens No.6 by Brighton Corporation - east of Black Cat Road and North of Cherry Lane: Corrie: Item No. 17 is a request for Final Plat approval of 27 building lots and 4 other lots on 9.24 acres in an R-4 zone for Ashford Greens No. 6 by Brighton Corporation, east of Black Cat Road and north of Cherry Lane. Staff? Stiles: Mr. Mayor and Council, this is for the final phase of the Ashford Greens Subdivision. The clubhouse is located in this area of the parking lot out here. The Eight Mile Lateral runs parallel to the property and it extends through there. This is the length of the tiling that Steiner Corporation has agreed to tile as part of the land swap for the -- with the golf course. You have our comments that are dated January 9, 2002. The applicant has indicated he is in agreement with all of the conditions. However, he is here to clarify item 13 under site specific conditions. And with that we would recommend approval with staff and agency conditions. Corrie: Council, any questions of staff? Okay. Applicant? Meridian City Council Meeting Janual)' 15, 2002 Page 59 of 72 Wardle: Good evening. My name is John Wardle with Brighton Corporation. My address is 12426 West Explorer Drive. Item number 13 is referencing a well that we have, which is the backup to the pressure irrigation system. I have spoken with our engineer on this and he confirmed for me that it was located or shown incorrectly on the construction drawings. They have measured off -- actually had to relocate the road before, because it was on top of the -- or was shown to be on top of the well. He confirmed for me that it is not in the right of way. We will provide a revised drawing to Public Works for their review showing that. I just wanted to clarify that, based on what my engineer told, it is not in the right of way and we will submit a new plan to Public Works to confirm that. Other than that, we are in agreement with the conditions as written in the staff report. Corrie: Okay. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: Does that mean that the little landscape island in the middle of the street in front of the clubhouse will finally be landscaped? Wardle: It will. And, actually, if you notice on item number 12, it says create a common lot in the middle of West Austin Drive with the existing landscape island. As you know, there is a landscape island there that has not been landscaped at this point. It will be landscaped and it will be delineated on this final plat also. So yes. De Weerd: Okay. Great. Thank you. Corrie: Any other questions? Thank you. Wardle: Thank you very much. Corrie: Further discussion? Hearing none, I'll entertain a motion, then, on the final plat request on Ashford Greens .No. 6. McCandless: Mr. Mayor? Corrie: Mrs. McCandless. McCandless: I move that we approve the request for Final Plat approval of 27 building lots and 4 other lots on 9.24 acres in an R-4 zone for Ashford Greens No.6 and have the attorney draw up the proper papers, Findings of Facts and Conclusions of Law. Corrie: Okay. Is there a second? Nary: Second. Meridian City Council Meeting January 15, 2002 Page 60 of 72 Corrie: Motion is made and second to approve the Final Plat and to have the attorney draw up the Findings of Facts and Conclusions of Law with comments. Any further discussion? Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Mr. Nichols, is there any need for any proposed wording, since they are going to have to provide a drainage plan prior to Final Plat approval? Is that adequate enough for you? Nichols: Which one are you referring to? Nary: I'm sorry, that 13 would now reflect that they are going to provide a new plan for this well prior to Final Plat approval. I assume that's what we are doing. Nichols: Mr. Mayor, Members of the Council, Councilman Nary, what my -- the final order that I will prepare would read that the applicant has to submit a revised plat that shows the correct well location outside of the right of way. Nary: Thank you. Corrie: Any further discussion? Okay. Mr. Berg, roll call vote, please. Role Call: Bird, aye; de Weerd, aye; McCandless, aye; Nary, aye. Corrie: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 18: FP 01-026 Request for Final Plat approval of 31 building lots and 4 other lots on 13.85 acres in an R-4 zone for Bear Creek Subdivision No.6 by Bear Creek, LLC - east of Stoddard Road and north of Victory Road: Corrie: Item No. 18 is a request for Final Plat approval of 31 building lots and 4 other lots on 13.85 acres in an R-4 zone for Bear Creek Subdivision NO.6 by Bear Creek, east of Stoddard Road and north of Victory Road. Staff comments. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: We have a request dated January 15th to table this Final Plat -- Corrie: Oh. Okay. Meridian City Council Meeting January 15, 2002 Page 61 of 72 Bird: -- on Bear Creek Subdivision No.6, which we just received tonight and with that I would make a motion that we table request for the Final Plat for Bear Creek No. 6 to February 5, 2002. De Weerd: Second. Corrie: Okay. Motion has been made to table Item No. 18, request for Final Plat on Bear Creek Subdivision No.6 to 2/5/2002. Any further discussion? All those in favor of the motion say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 19. Mayor Corrie - Department Report: A. Avest reconsider decision on drive-through: Corrie: The last item on here is I have asked on the department reports that on the Mayor's report, the question has come from the attorney in reference to Avest Limited Partnership versus the City of Meridian. He closes the letter with -- the attorney for Avest regarding Moxie Java drive-thru and I ask that you determine whether or not you want to take up the request that they have made. Mr. Nichols, you want to kind of inform us the gist of that and then we can -- Nichols: Okay. Mr. Mayor, I'm going have to look at Mr. Bird's here, since I didn't have it in my box. Corrie: I'm sorry. Nichols: You will recall that this involves the Moxie Java drive-thru, which the Council denied and, Mr. Penny, on behalf of Avest, has filed a Petition for Judicial Review of the Council's Decision denying that drive-thru and he sent us this letter, which I apologize for not getting to you any sooner, asking that the Council consider its decision and also, you know, as to how it be that done and be done in a Public Hearing in front of the full Council and that he be permitted to address the drive-thru with regard to alternatives to address the Council's concerns. So I should have brought this to you before and I hadn't, but, anyway, I wanted to make sure I got it over to you. So that's the issue, whether you want to take it up again. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: Even though that I voted for it and stuff, I think that we need to let it die. I think that it's been before us two times, we have heard -- three times. We have heard numerous hours of presentation by the developer. So I, for one, unless they got a new plan and want to come through the procedure again, I believe this is it. I think we basically said that. Corrie: Okay. Any other comments? Meridian City Council Meeling January 15, 2002 Page 62 of 72 Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I wasn't on the Council when this decision was made, but it appears I think I've recently read the initial brief filed by the applicant, so I mean the process is ongoing, it's run its course. I mean I'm usually one to want to look for alternatives, but I think it should die this way and I agree with Mr. Bird we should just let it run its course and deal with it that way. B. ACHD -- Locust Grove Project $1.8 million is for ROW Project: Corrie: Any other comments? You all agree that's what we want to do? Okay. Mr. Nichols, if you will relay that to them, I'd appreciate it. Two other things. One is I got a call from Sherry Huber tonight -- this afternoon late and she had one question -- it won't die, I guess. $1.8 million for right-of-way issues. She wanted to know if that included perhaps even some of the right of way for the intersection at Locust Grove and Overland Road and if we had any objection that as a Council and as far as I knew the Council went only for right of way and that's part of the right of way process, probably be okay, but I -- okay? Bird: As long as it's part of the right of way. C. P & Z Commissioner Appointment to file - Bill Nary's term and seat: Leslie McDonald Mathes: Corrie: Exactly. And I expect the 1.8 million and pick up the 2.2, you're set for -- okay. One other thing I have. I apologize to the Council. A decision for the Planning and Zoning representative, the one place left, that Keith Borup and I discussed and we made this decision this afternoon and that's why I didn't get it to you earlier, but the decision that we would like to bring forth to the Council is Leslie McDonald Mathes. I believe I have given you the report that she had. We did interview candidates and we picked three that we had felt was real good. They were all good. We thought that possibly she was kind of -- felt that she would be a little better in representing the city as a whole as a mother, parent, owner of a business, and living here for 33 years -- 32, as a matter of fact, and her qualifications were well presented to both of us and my recommendation would be to appoint her in the final -- candidate for Planning and Zoning. We also discussed that we'd like -- the other two were excellent as well. I would like to have seven on that, but I said that maybe the new building we'd have more room for that, but my recommendation would be for -- to approve Leslie McDonald Mathes as the -- filling the final seat for Planning and Zoning at this time and I'd stand for any questions you might have. I apologize again, this was kind of late when we decided to do it, but we did come to that conclusion together, De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. Meridian City Council Meeting January 15,2002 Page 63 of 72 De Weerd: I move that we are approve Leslie McDonald Mathes to fill the Meridian Planning and Zoning Commission seat and welcome her on board. Bird: Second. Corrie: Okay. Motion has been made and seconded to approve the appointment of Leslie McDonald Mathes as the final Planning and Zoning seat to be filled. Any discussion? De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: Will, do you know when this term expires? We might need to include that in our motion. Corrie: I would have -- I have that in my book and I didn't bring it. I think she's for -- it would be four years and then the appointment would be up for -- she's taking Bill's place. Berg: Mr. Mayor, Members of the Council, I think Bill Nary was filling somebody else's term, so I'm not sure if he has just a couple years left, but I recognize that she's filling Bill Nary's term and we will make sure of that. Corrie: So It's Bill Nary's term. Okay. Any other discussion? All those in favor of the motion say aye. All ayes. Motion carried. I will get that into your boxes what it is. MOTION CARRIED: ALL AYES. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: Since we've continued Item No.1 0 regarding the Comp Plan amendment, we are getting some letters from residents out in that area that are misleading. I don't think they are fully aware of what the process is and I don't know if it's appropriate, so I thought I'd bring it up, but we can't talk to these people and kind of let them know what the process is, but would it be appropriate for a staff member to just call them and let them know what this process is, so they are not so fired up when they come to City Council. You know, this one written by Amanda Buchanan or something like that, is -- it's very apparent she doesn't understand the process and I just think that some of these concerns can -- or at least the edge can be taken off with some explanation. Corrie: I think that might be a good idea. However, it's going to be an explosive issue anyway, but if we can diffuse some of it I think it's a good idea. My question would be who would be doing that. Shari, you have so much time, I know, on your hands, but I was kind of after you this morning, so if Council would like to have Shari kind of intervene here, I would think -- yes, Shari, you can talk, since we are giving your time away. Meridian City Council Meeting January 15, 2002 Page 64 of 72 Stiles: I guess I'm not sure where this came from. De Weerd: A letter. You know, I -- Stiles: Delivered to you personally or-- De Weerd: No. Anything -- and I guess to clarify, if anything is given to us regarding an application it should be public record, so it should go to the City Clerk, but this was in our box. It was date stamped by the City Clerk's office, so I just -- and Will and I kind of discussed it. Your staff doesn't have time to do it, but procedurally I think it would be helpful for them to know what this process is. I don't mind being called names, but I think the underlying emotion in there is kind of-- Corrie: I don't know, Shari, how you're going to do that, but it might -- unless you individually and -- Stiles: Do we have many more like this or-- Bird: We have three. Corrie: We have the three. De Weerd: Cherie, did you mention you had some others? McCandless: I don't have the letters, but I have knowledge of people going in and putting these things on doors out in the Cherry Lane Subdivision. De Weerd: They are stirring up -- McCandless: They have really got them stirred up, because I happened to be at a meeting last night -- or it wasn't a meeting, it was a party, but -- and everybody was bombarding me with questions. I haven't even seen it yet. I can't talk about it, you know, and that's all I said, but they had this thing that they -- I saw the flier that they are putting out and it's very inflammatory. De Weerd: But it just appears in particular to this letter, if she knew a little bit more about the process and that nothing is a done deal and that, you know, this is a unique opportunity and that's what the public process is all about. So I think there is a way that you can -- yes, you're not going to calm her questions, but at least take the edge off. Stiles: Well, I will write a response and if there is any other comments or letters that you get, if you would fOlWard those to me, so if you want I can pass it by you, Tammy, or if you don't feel comfortable even looking at something like that, I could -- Corrie: I need some attorney advice here. Nichols: Mr. Mayor and Members of the Council, I think if all you're addressing is process -- you know, all you're just doing is describing the process as to how, you know, Meridian City Council Meeting January 15, 2002 Page 65 of 72 this -- even if it's in response to specific inquiry or comment and it's a specific chronology of things that have happened, but as long as you're just addressing process and not commenting on the merits for or against a proposal, then it's okay, because -- I mean that's why we want to have this discussion, because it's about process, it's not about substance, about the merits. So I mean that's -- if you want to try to inform the public and let them know what the process is and who makes the final decision and how the final decision is made and those kinds of things and what the Planning and Zoning Commission does and how it's a recommendation and these kind of things, in an attempt to try to better inform the public, then that's fine. I don't think we are crossing any lines for ex-parte -- and I'm assuming that Will is making these kinds of letters available to the applicant or whoever is proposing the deal, so that we have got a chance to read them, too. McCandless: Can she copy us with what she sends out? Nichols: Well, again, as long as it's just a -- as long as it's detailing a process and as long as it's available to everybody, then it's not a problem. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: At the end of the second paragraph here there is a statement regarding Planning and Zoning and I don't know if it's meant to be addressing to the Commission's action or the staff's report, but that's an avenue I think that, like Mr. Nichols is talking about, to focus on to be explained it's by process, because she's saying something about the Planning and Zoning and that's her perception -- De Weerd: I'm sure it was the people on there. Nary: It could have been. ]t certainly could have been. But at least it's an avenue to deal with the process itself and to allow them to understand how it works. At least there is an avenue to do that in this letter, so -- Stiles: And I'll ask Charles Crane if he wil] include this as one of -- as part of the website, response from Planning and Zoning Department or whatever. But I can't respond to everything that's on the website. Corrie: I don't think we expect you to. De Weerd: No. Corrie: Just procedural things that you can -- De Weerd: Just the process and, you know, that it's fair and offers a public forum and that no decisions are made, you know, prior to an application being heard or -- there must be a way that you can at least by giving them information help at least diffuse some of it. Meridian City Council Meeting January 15, 2002 Page 66 of 72 Stiles: Okay. Well, if you wouldn't mind, I'd like to run it past somebody in -- Corrie: You can run it past the attorney. Bird: Just run it past the attorney so that we are not getting our neck stuck out. Stiles: Because I think I might have to get into some specifics, at least with this person. Some kind of specifics. Bird: And then we are starting to -- then we are starting to look like we are making -- we have already made up our minds and I personally don't think you're going to diffuse anything. Corrie: I don't either. Bird: I think these people -- I think we are wasting our time, to be truthful. I think they have got some rebel rousers out there that's really stirring it up and I'm getting off base now, I shouldn't be saying this, but I don't think it's going to help us a bit. I think they are going to come in here fired up and ready to go. Nichols: Mr. Mayor? Corrie: Yes, Mr. Nichols. Nichols: Mayor, Members of the Council, I think you can do it in a way that informs them. Now what they choose to do with that information is completely up to them. I also think that, although you're going to say in there no final decision is made, you don't want to trumpet that too loudly, because then it's, you know, the -- what's Shakespeare's fine, me thinks thou dost protest too loudly and so, you know, we will just -- Shari can do it and I can review it, and we can have some input. We can do a process thing, give it to them, and then, again, if they choose to believe it, fine, but if they choose not to believe what's in this letter with regard to process, we can't change that. All we can do is try to provide them better information from which they can make decisions as to how they are going to act and what they are going.to do. Stiles: Okay. Thanks. Corrie: One thing before we close. If anybody would like any Girl Scout cookies, please see me. Bird: Mr. Mayor, I'd like to bring up one thing. Corrie: Yes. Bird: And I -- we had a long time citizen of Meridian, dedicated city employee for 31 years, I believe? Right, Kenny? Bowers: 38. Meridian City Council Meeting January 15, 2002 Page 67 of 72 Bird: How much? Bowers: 38. Bird: 38 years. Fire chief of Meridian. Roger Welker passed away Sunday. His funeral is Thursday at 11 :00 a.m. at the LDS church, if anybody would like to attend. His daughter is Vickie Welker, the one that we have had come through here. I, as an MAA member, Meridian Athletic Association member and part of the race track, was doubly helped by the man, because him and Hoot Gibson, who owned the Ford dealership up there, always supplied us with trucks and made sure our out-of-town race car guys come in, always had a shop open to them, and we are just -- their parking lot was always available for us. So the citizens lost an awful good Meridianite. Corrie: I've asked Keith also if he would represent the City Council if you can't be there. McCandless: I was wondering which LDS church? Bird: The one there on Second and Cherry Lane. McCandless: Okay. Corrie: Okay. Any other things? Okay. I'll entertain a motion that we adjourn. De Weerd: So move. McCandless: Second. Corrie: Motion made and second. All in favor say aye. MOTION CARRIED: ALL AYES. Corrie: Adjourned at five minutes to 10:00. MEETING ADJOURNED AT 9:55 P.M. . . (TAPE ON FILE OF THESE PROCEEDINGS) d~ftf& WILLIAM G. BERG, JR., CITY CLf;R ~ .:r~ ~r-' ~'!~it:,ji'~j ERT CORRIE, MAYOR PROVED ';';, ~::r; January 11, 2002 MERIDIAN CITY COUNCIL MEETING APPLICANT January 15, 2002 ITEM NO. (M REQUEST Revised Ashford Greens No.5 Storm Drainage Easement 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 ovJ!J tt171?11 ) O\\J i J(A fA 1 y ) Date: 1//4 II; '7 ___ Phone:,~7~.~ l/ c()() ~ - { I Materials presented at public meetings shall become property of the City of Meridian. Contacted: <.. Page 1 of 1 Sharon Smith From: Brad Watson [watsonb@cLmeridianJd.us] Sent: Thursday, January 10, 20023:36 PM To: Will Berg (E~mail); Sharon Smith (E-mail); City Clerk (E-mail) Subject: Agenda Item for Council 1115/02 Will, Sharon or Tara, Please place the following on the agenda for Council next week: Revised Ashford Greens No.5 Storm Drainage Easement It could probably just be on the consent agenda. I will send over a memo of explanation tomorrow morning. Thanks, Brad 1/10/02 RECEIVED 1 1 C!ty of Meridian CIty Clerk OfficE' To: Mayor Corrie .L tt-J from: Brad Watson, P.E. /Jf.. CC: File, Gary Smith, PE, City Clerk Date: 1/11/2002 Re: Proposed Agenda Items for January 15 City Council Meeting The Public Works Department respectfully requests that the following items be placed on the January 15 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Ashford Greens Subdivision NO.5 Storm DrainaQe Easement (Revised). It was discovered during my and Ada County's review of the final plat for signature that the storm drainage note on the plat and the easement previously approved on August 7, 2001 did not reference the same information. Specifically, the storm drainage easement did not include the operation and maintenance requirements of the storm water drainage facility as an exhibit as had been done on the Ashford Greens NO.3 project I have worked with Jon Wardle of Brighton Corporation to rectify this easement. Attached is a copy of the unsigned easement. Mr. Wardle stated that he will provide a copy of the easement signed by nd Brighton Corporation prior to the Council meeting and anticipates that ACHD will have signed the easement also. Recommended Council Action: The Public Works Department recommends approval of the revised storm water drainage easement associated with Ashford Greens Subdivision No. 5 and the proposed Ashford Greens Subdivision No. 6 to Ada County Highway District and authorize the Mayor to sign and the City Clerk to attest the easement agreement. Thank you. Please contact me if you have any questions regarding this item. From the desk of... Brad Walson, P.E. City Engil1CCT Meridian Public Works Department 660 E. Watcrtowcr Lane, Suite 200 Meridian, Idaho 83642 .. Page 1 (208) 898-5500 Fax: (208) 887-1297 \l,ntsonb@)ci.meridian.idus Brighton Corporation January 9, 2002 RBCEltVED JAN f 0 2002 To: Brad Watson City of Meridian MERIDIAN CITY ENGINEER From: Jon Wardle Re: Ashford Greens No.5 Storm Drainage Easement / Maintenance Responsibilities Attached is the Storm Water Drainage Easement for Ashford Greens No.5. Gary Inselman, ACHD is reviewing the document. Since it is identical to that easement for Ashford Greens No.3, he doesn't anticipate any changes. Please forward this to the Mayor and City Council for their hearing on Tuesday, January 15, 2002. Should you have a question, please call me at 371-2114. :-.-. - 12426 W. Explorer Drive, Suite 220 · Boise, Idaho 83713 · TEL 208-378-4000 .. FAX 208-377-8962 Ashford Greens Sub. No.5 T3N, R.1W. Section 3 (Space reserved for Recorder's use) STORM WATER DRAINAGE EASEMENT This Storm Water Drainage Easement (the "Easement") is made as of the day ot , 2002, by and among the CITY OF MERIDIAN, a Municipal Corporation (hereinafter "Grantor"), BRIGHTON CORPORATION, an Idaho Corporation (hereinafter "Developer") and ADA COUNTY HIGHWAY DISTRICT, a body corporate and politic of the State of Idaho (hereinafter "ACHD"); WIT N E SSE T H: For good and sufficient consideration it is agreed: Section 1. Recitals. 1.1 Grantor owns the parcel ot real property located in Ada County, Idaho, more particularly described and depicted on Exhibit "A" attached hereto (the "Servient Estate"). .1.2 Developer is developing a subdivision in Ada County, known as the Ashford Greens Subdivision No.5, and the preliminary plat ot such subdivision has been approved by ACHD. When the tinal plat is approved by ACHD and recorded by developer, a public right-ot-way for streets and related improvements, including drainage easements will be dedicated to ACHD. When the street-s-and related improvements are constructed by the Grantor in the right-ot-way, and ACHD has accepted the same, they will become a part of the ACHD system ot highways. 1.3 The storm water drainage system related to the platted streets to be dedicated to ACHD when the plat referred to in Section 1.2 is recorded will extend beyond the plat and on, over and across the Servient Estate, and on the terms and conditions hereinafter set forth the Grantor desires to grant to ACHD, and ACHD desires to accept, an easement for storm water drainage on, over, under and across the Servient Estate, and for the repair, maintenance, reconstruction and enhancement thereof Section 2. Grant of Easement Exclusive Easement. 2.1 For the period and on the terms and conditions hereinafter set forth, Grantor hereby grants to ACHD an easement and right-of-way tor storm water drainage from the ACHD system of highways on, under, over and across the Servient Estate, and for the repair, maintenance, reconstruction and enhancement of the same (hereinafter "Authorized Use"). STORM WATER DRAINAGE EASEMENT - Page 1 (rev 01/09/02) 2.2 The easement herein granted is exclusive to ACHD, and no structures, fences or other improvements are to be constructed, or landscaping planted, on the Servient Estate by ACHD, Grantor or Grantor's Successors or assigns to the underlying title thereto without the prior written consent of both ACHD and Grantor. Such consent will not be given if, in its sole discretion, ACHD determines the proposed improvement and/or landscaping may interfere with ACHD's Authorized Use of the Servient Estate. When such consent is given, if any structures, fences, landscaping or other improvements constructed or planted on the Servient Estate must be removed in order for ACHD to perform its obligations to repair and maintain the Storm Water Drainage System, the costs of removal and replacement or restoration of the same shall be the obligation of the Grantor. Section 3. Construction: Acceptance: Repair and Maintenance: Developer Indemnification; Contractor Warranties. 3.1 At Developer's sole cost and expense, Developer shall construct and install the storm water drainage system on the Servient Estate in accordance with designs, plans and specifications approved by ACHD in advance, in writing. During construction, Developer shall give ACHD reasonable notice and opportunity to inspect the same. 3.2 When, by written notice given to Grantor and Developer, ACHD has accepted the storm water drainage system as constructed and installed by Developer, the homeowners association will have some maintenance responsibilities to be performed at its sole cost and expense, and ACHD will have heavy maintenance and repair responsibilities of the system thereafter, at its sole cost and expense. The respective responsibilities shall be carried out in accordance with the terms and conditions of "Manual for Light Maintenance and Heavy Maintenance of Stormwater Infiltration Ponds at Ashford Greens Subdivision No.5", a true and correct copy of which is attached hereto marked Exhibit "B," and by this reference incorporated herein. 3.3 Developer shall enforce for the benefit of ACHD any warranties contained in the contract for the construction and installation of the storm water drainage system. 3.4 Developer shall indemnify and save and hold harmless Grantor and ACHD, its Commissioners and employees, from and against all claims, actions or judgments for damages, injury or death caused by or arising out of the failure or neglect of Developer to properly construct and install the storm water drainage system. Section 4. ACHD Indemnification. Following its acceptance of the storm water drainage system under Section 3.2, subject to the provisions of, and limits of liability set forth in, the Idaho Tort Claims Act, ACHD shall indemnify and hold harmless Grantor from and against all claims, actions or judgments for damages, injury or death caused by or arising out of its failure or neglect to maintain and repair the storm water drainage system. STORM WATER DRAINAGE EASEMENT - Page 2 (rev 01/09102) Section 5. Term. The term of this Easement is perpetual. Section 6. Covenants Run with the Land. Throughout the term of this Easement, it shall be a burden upon the Servient Estate and shall be appurtenant to and for the benefit of the ACHD system of highways, and shall run with the land. Section 7. Attornevs' Fees and Costs. In any suit, action or appeal therefrom to enforce or interpret this Easement, the prevailing party shall be entitled to recover its costs incurred therein, including reasonable attorneys' fees. Section 8. Exhibits. All exhibits attached hereto and the recitals contained herein are incorporated as if set forth in full herein. Section 9_ Successors and Assiqns. This Easement and the covenants and agreements made herein shall inure to the benefit of, and be binding upon, ACHD, Developer, and Grantor, and Grantor's successors and assigns to the Servient Estate. Section 10. Modification. This Easement may not be amended in whole or in part except by written instrument, duly executed and acknowledged by the parties hereto, and recorded. Section 11. Notices. All notices given pursuant to this Easement shall be in writing and shall be given by personal delivery. by United States Mail Certified, Return Receipt Requested, or other established. express delivery service (such as Federal Express), postage or delivery charge prepaid, addressed to the appropriate party at the address set forth below. Grantor: The City of Meridian City Hall 33 E. Idaho Avenue Meridian, Idaho 83642 Developer: Brighton Corporation 12426 W. Explorer, Suite 220 Boise, Idaho 83713 STORM WATER DRAINAGE EASEMENT - Page 3 (rev 01/09!O2) ACHD: Ada County Highway District 318 East 37th Street Boise, Idaho 83714-6499 Section 12. Recordation. Th is Easement shall be recorded in the Real Property Records of Ada County, Idaho. IN WITNESS WHEREOF, the undersigned have caused this Easement to be executed the day, month and year first set forth above. :.....~. .- STORM WATER DRAINAGE EASEMENT - Page 4 (rev 01/09/02) GRANTOR: CITY OF MERIDIAN By: Robert Corrie, Mayor Attest William G. Berg, Jr., City Clerk Approved by City Council on: DEVELOPER: BRIGHTON CORPORATION By: David W. Turnbull, President ACHD: ADA COUNTY HIGHWAY DISTRICT By: William J. Schweitzer, Director :........ - STORM WATER DRAINAGE EASEMENT - Page 5 (rev. 01/09/02) ,. , STATE OF IDAHO) ) ss. COUNTY OF ADA ) On this day of , 2002, before me, , a notary public in and for the State of Idaho, personally appeared, Robert D. Corrie, known or identified to me to be the Mayor, and William G. Berq, known or identified to me to be the City Clerk of the Corporation that executed this instrument or the persons who executed the instrument on behalf of said Corporation, and acknowledged to me that such Corporation executed the same. IN WITNESS WHEREOF, I have hereunto set hand and affixed my official seal the day, month and year in this certificate first above written. Notary Public for Idaho Residing at: My commission expires: STATE OF IDAHO) ) ss. COUNTY OF ADA ) On this day of , 2002, before me, , a notary public in and for the State of Idaho, personally appeared, David W. Turnbull, known or identified to me to be the President, of the Corporation that executed tb.i.~ instrument or the person who executed the instrument on behalf of said Corporation, and acknowledged to me that such Corporation executed the same. IN WITNESS WHEREOF, I have hereunto set hand and affixed my official seal the day, month and year in this certificate first above written. Notary Public for Idaho Residing at: My commission expires: STORM WATER DRAINAGE EASEMENT - Page 6 (rev. 01/09/02) STATE OF IDAHO ss. COUNTY OF ADA On this day of , 2002, before me, , a notary public in and for the State of Idaho, personally appeared, William J. Schweitzer, known or identified to me to be the Director of the Ada County Highway District, the person who executed the instrument on behalf of said District, and acknowledged to me that such Ada County Highway District executed the same. IN WITNESS WHEREOF, I have hereunto set hand and affixed my official seal the day, month and year in this certificate first above written. Notary Public for Idaho Residing at: My commission expires: STORM WATER DRAINAGE EASEMENT - Page 7 (rev 01/09/02) .2D02 Jf~ 25 Pil I ~ 56 RECOHOEO- REQUEST OF ? fiE$-DE?llTl?Jl~ l02009980 FD,~ C(JUilfY RECor":DER .j, O,l,\IID :~i\VI\RHO ~._~,~-:::- ~':' ~ MERIDIAN crrl ~ CITY OF MERIDIAN ORDINANCE NO. 02~935 AN ORDINANCE ADOPTED AFTER ONE READING UNDER SUSPENSION OF THE RULE ACCORDING TO IDAHO CODE 50-901A AND FINDING THAT CERTAIN LAND TO BE KNOWN AS THE PROPERTY OF TED CUNNINGHAM 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 MEDIUM DENSITY RESIDENTIAL DISTRICT (R-8); AND DECLARING THAT SAID LAND, BY PROPER LEGAL DESCRIPTION AS DESCRIBED BELOW, BE A PART OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID PROPERTY TO THE OFFICIAL MAPS OF THE CITY OF MERIDIAN, IDAHO; AND DIRECTING THE CLERIC OF THE CITY OF MERIDIAN TO FILE A CERTIFIED COpy OF THE ORDINANCE AND MAP OF THE AREAS TO BE ANNEXED WITH ADA COUNTY RECORDER, AUDITOR, TREASURER AND ASSESSOR, AND THE STATE TAX COMMISSION OF THE STATE OF IDAHO, PURSUANT TO IDAHO CODE SECTION 50-223 AND SECTION 63-2215. BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION I. 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 QVvner of said Property to-wit: ANNEXATION AND ZONING ORDINANCE (AZ-OI-014) - 1 A parcel of land being a portion of Lot 1, I.E. Pfost's Subdivision as recorded in Book 4 of Plats at Page 157, records of Ada County, Idaho and lying in the NW 1/4 SW Y4 of Section 6, T. 3N., R. IE., Boise Meridian, Ada Countv, -' Idaho and being more particularly described as follows: Commencing at a found Brass Cap marking the Section Corner common to Sections 1 and 12, T. 3N., R. 1 W., B.M., Ada County, Idaho and Sections 6 and 7, T. 3N., R. IE., B.M., Ada County, Idaho, said Brass Cap also marking the centerline intersection of E. Fairview Avenue and N. Meridian Road; thence N. 00025'49" W. 2648.42 feet (formerly N. 00025'30" W. 2648.31 feet and 2648.37 feet) along the said centerline of N. Meridian Road to a found Brass Cap marking the W Y4 Corner of said Section 6, said Brass Cap also marldng the centerline intersection of said N. Meridian Road and Blue Heron Lane; thence N. 88052'06" E. 340.98 feet along the said centerline of Blue Heron Lane to a point, said point bears S. 88052'06" W. 749.63 feet from a found a..xle marldng the W 1/16 Corner of said Section 6, said point also marldng the REAL POINT OF BEGINNING; thence continuing N. 88052'06" E. 156.06 feet along the said centerline of Blue Heron Lane to a point; thence S. 00024'15" E. 217.92 feet to a found II:/' iron pin; thence S. 88052' 17" W. 155.96 feet (formerly 155.89 feet) to a found 1/2" iron pm; thence N. 00025'49" W. 217.91 feet to the point of beginning, containing 0.78 acres, more or less. SUBJECT TO AND/OR TOGETHER WITH: Any easements or rights of way of record or in use. 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. ANNEXATION AND ZONING ORDINANCE (AZ-OI-014) - 2 SECTION 3: That the real property herein by this ordinance annexed to the City of Meridian hereinabove described shall be zoned Medium Density Residential District (R-8). SECTION 4: That the City Engineer is hereby directed to alter all use and area m.aps as well as the official zoning maps, comprehensive plan and all official maps depicting the boundaries of the City of Meridian in accordance with this ordinance. SECTION 5: The zoning designation set forth in Section 3 of this ordinance is subject to the terms and conditions of the Administrative Staff as outlined in the Annexation and Zoning Findings of Fact and Conclusions of Law of the land described in Section 1, and any uses are to be developed under medium density residential. SECTION 6: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7: This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8: The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner plainly and clearly designating the boundaries of the City of Meridian, including the lands herein annexed, with the following officials of the County of Ada, State of Idaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State ANNEXATION AND ZONING ORDINANCE (AZ-Ol-014) - 3 Tax Commission of the State of Idaho, all in compliance with Idaho Code 63-2215 and 50-223. . -tit. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 15 - day of ;7a'hUtXl-ti ,-ze&lZoo2. o APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, thisof' .3rd day of d<<l1.UtVLj. , We-rZooz. STATE OF IDAHO,) ATTEST: A#~ k;lJe~::;, ~ CITY CLERK (/' : ss. County of Ada. ) rei. ~ 2002- On this:23 day ofO.IY/JA.ttAVr! ,..wet ,.qe re n~e,tl1S:Ul;~rrsigned, a Notary Public in and for saiel 5t;. e, pers01~J~ ~peare" ~~eRRfE and '{ . CvYl.u'(f;T(SJ-(tvn:c WILLIAM G. BERG, JR., known to me to be 'h ~ ana Llty 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. 'l)1ll'ill1il"'_. ..~Q1L~~.. n L-. (1 :~,~o'I~;:,~.~ J/)(vl&7Iph1A1Jf: ) (SEAL): ! ,i : NOTARY PUBLIC FOR IDAHO ~ \ . i: RESIDING AT: Aai?t--,I.30tWl~L2A Jdc2fvQ ....~~..~\C!,....O.l MY COMMISSION EXPIRES:~fJ2~A2t'O(; Z:\WOrk\M\Me~~f5360M\COOrS Distributing Co. AZOI-OI3\AZOrd.doc -.lIIlilllil'ill'l)f>. ANNEXATION AND ZONING ORDINANCE (AZ-OI-014) - 4 o '" ;;0 ;::~Q (t) -I Q ~(:;! ~ 0 ~ OolO ::l OZ h"'~co eO:!:: '" Z m dm. zZ o;o;o;;j 20 !:!~a ~ G>. ~iii-;u );> ~~~mj;F;-J 8 s::~ 6 ... .p. ). c '" " gts <> . .f? ... IVfIt>o %."" P, 11+ '" ... ~ '" r, ~ ." (fI " a c 8 '" OJ' g '"' <: 0; 5 z ; ~VE (fI Iii '"' <: 0; 5 z N MERO~N Ro ;.100 mo .~6.HC: 2 - ~ ~M.w6P"5;:.OON ~ i ~ ~ ~ ~ ~~ G) $~ I ~~ ::E -:- "Jaj . m 3.5~,P'C:.OOS m t.' VOYA^v~ER ~ ~ i TusCANA\o1: (fI C '" '"' ""'~CH ~ MONT 0 ptN LAROmoNT AVE .. '" :<> 6 'P z ~ ~ ~ ~ I g !J U EUREKA AVE " ~ o g ~ ~ (fI c '" p (fI ~ ~ z " o (.> --= NR1C.l!Jf" ( " EuREKA p~ Z iil ~ , . ' .',1 ~. ~l :.1 k;'!< <>.::" I ~'-,.' ~ . .. '. . ~ o ...., (f) ~ ~ o ..... -.:- 0 I ~ -.:-:2: 0 9<( w z~ NI ..... <( W <'l -4 0:: - 1:: ;g <((9 Z O::l(') _ (f) <0 .z r') 0:: 0:: 0 0- I- UJ ~~ Zz wZ lO 209 Z LLlr.z o=> 0 o wS; zo i= ~Q <(0 0 >- s: n:: W I- .~ ZW CI) _w 00 -I- ID 0 ID 0.:: 0 w JJ ~ -/ ~d 1f)13~n3 f I 3^V WO""",,'" N'd ""ow ~ ~VNYO~f HO~7Nfi ;;) ID q o ~ UJ 3^,d t13~\f AO^ N ~ ( 3^\f \f)\3t1n3 N f" SOOQ24'15"E ~, '~f ~~~ - l~m (f) j:.... c:i (f) 0 "7 U. <'l ~ ~ z ,.... w ;:: -' Ii.i <3 ~ (f) 0 1 POOR COpy z o en :> Ci co :J (f) 3^~ c 3 0:: o IY :;) o () CJ:! RECORDED ~ f\EQUEST OF~ :JDi~ COU:HY RECORDER ,i- ..r;"'r! U",!,P:1~ t"" --r',/ ,- \I;i/I) :;,~\7'''O Ii fl11iEE -1-0 cPU I ,-~ 'i~"2 J' 25 D'1 \' C;h 1 02 0 0998 1 LUU n '. 11 'u \j MERIDIAN CITY CITY OF MERIDIAN ORDINANCE NO. 02-936 AN ORDINANCE ADOPTED AFTER ONE READING UNDER SUSPENSION OF THE RULE ACCORDING TO IDAHO CODE 50-901A AND FINDING THAT CERTAIN LAND ADJACENT TO PACKARD ACRES NO. I IS CONTIGUOUS OR ADJACENT TO THE CITY LIMITS OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; AND FINDING THAT THE OWNER HAS MADE A REQUEST FOR ANNEXATION IN WRITING TO THE COUNCIL; AND THAT SAID LAND BE ANNEXED TO THE CITY OF MERIDIAN AND ZONING DESIGNATED LOW DENSITY RESIDENTIAL DISTRICT (R-4); AND DECLARING THAT SAID LAND, BY PROPER LEGAL DESCRIPTION AS DESCRIBED BELOW, BE A PART OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID PROPERTY TO THE OFFICIAL MAPS OF THE CITY OF MERIDIAN, IDAHO; AND DIRECTING THE CLERI( 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 follovving described land is contiguous and adjacent to the City of Meridian, Idaho, and that the City of Meridian has received a v/ritten request for annexation to the City of Meridian, Idaho, by the owner of said Property to-wit: ANNEXATION AND ZONING ORDINANCE (AZ-Ol-017 - 1 A parcel of land being a portion of the SW Y4 of the NE Y4 of Section 5, T. 3N., R. IE., B.M., Meridian, Ada County, Idaho and being more particularly described as follows: COMMENCING at an iron pin m.arking the North Y4 corner of said Section 5, thence along the West line of the NE Y4 of said Section 5 South 00027'32" West 1661.02 feet to a brass cap on the extended line of an existing fence line, said point being the POINT OF BEGINNING; thence leaving said West line along said extended fence line and said fence line North 89052'54" East 576.46 feet to an iron pin on the West line of Carol's Subdivision No.2 as on file in the Office of the Ada County Recorder, Boise, Idaho; thence along the West line of said Carol's Subdivision No.2 South 00013'02" West (formerly South 00023'19" East) 16.86 feet to a point on a line that is parallel with and 935.00 feet North of the South line of said SW Y4 of the NE ]/4; thence along said parallel line North 89040'20" West 576.50 feet to a point on the West line of said SW Y4 of the NE 1/4; thence along said West line North 00027'32" East 12.37 feet to the POINT OF BEGINNING. Said parcel contains 8,425 square feet (0.193 acre), more or less. SECTION 2: That the above-described real property be, and the same is hereby annexed and made a part of the City of Meridian, Ada County, Idaho. SECTION 3: That the real property herein by this ordinance annexed to the City of Meridian hereinabove described shall be zoned Low Density Residential District (R-4). SECTION 4: That the City Engineer is hereby directed to alter all use ANNEXATION AND ZONING ORDINANCE (AZ-Ol-017 - 2 and area maps as well as the official zoning maps, comprehensive plan and all official maps depicting the boundaries of the City of Meridian in accordance \vith this ordinance. SECTION 5: The zoning designation set forth in Section 3 of this ordinance is subject to the terms and conditions of the Administrative Staff as outlined in the Annexation and Zoning Findings of Fact and Conclusions of Law of the land described in Section 1, and any uses are to be developed under low density residential. SECTION 6: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7: This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8: The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner plainly and clearly designating the boundaries of the City of Meridian, including the lands herein annexed, with the following officials of the County of Ada, State of Idaho, to~wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map vvith the State Tax Commission of the State of Idaho, all in compliance with Idaho Code &63-2215 and s50-223. ANNEXATION AND ZONING ORDINANCE (AZ-Ol-017 - 3 / --1'/-... PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this S -day of ,;a'1JlA~U}f ,-z.ee.l2oo2.. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, thisc7S3rc/ day of daf1-?Lat~ ;:2ee-lZvo2-.. STATE OF IDAHO,) ----------~------------ W~ C/L -"-~ ~YOIt ~.' Cc,t.w...c:e !r.eJi'e{.ev.f::- /""~~~\ 6;~~i:2.~':,J;;:,,~,; >, ,2"0 rO?,PO:i4);'J'<'V.. '";:'.. "" -,^y .<t", ., ~~. ,U ~ #.. !l'51~& "1: " 'i: ~;, ~~./1'~'~: . ,: ::: 1".. I7j ~ '. V c/'. ~ -"rl\~~i." . "'PIC .; '<:', ~"'" r rs~ . '" "~. '~l"-~'" \d~~; ~d-,.t<.... 1. ATTEST: : ss. County of Ada. ) {J (Y i ZooZ- On this :J;> dav of c1 r1nA.{aAA.~ ' :W&t, b>.fore me~ the undersigned, .. J e frEW-~ ~~~ a Notary Public in and for said State, personallYC'J.~Yr.~rect~ I? ,RT. R:RfE and WILLIAM G. BERG, JR., kno\vn to me to be the ~~cf C1(:yctl~rk 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) .._alllllll!l_. ....0 Q~~L~A..:~. ..~ 'l'A ~~A" l$f~O -"-t'J:t\.;J.~ " I , fil ~f "J.'~ ~ I ,; ... III I '. m 1II , fQ ". \ C ifJ ...d'~..~ '/AJ..1b .Q~OFlQ~ J!iJ!iIllGlOeC!> ShQf1oYl~ \'11 A-reu NOTARY PUBLI FOR IDAHO RESIDING AT: cl.o..., . .-f. \>> MY COMMISSION EXPIRES: rr. j. Z:\Work\fvl\Meridian\Mcridian ! 5360M\PackardAcrcs# 1 AZO 1-0! 7\AZOrd.doc ANNEXATION AND ZONING ORDINANCE (AZ-OI-017 - 4 w 'd. o u.I " $to u..~ 'N <to \ lOt$:) a,tn o~ CO 'i~ z ~ ou.1 0.- !).CO 3l- '<f~~\M Zl l'l' 3"'1 >tOOllf"ll:ll'l ~ S ~ ~ ~ U3 }..'.JM ^~O)\O\I-l N 7~ ~~ ~t- <9....~ zb8 it.OZ ~(f) CO '::l ~ ~'.; t-:t.t.6~ ~~........ :J'Z '1 5::) ~ :J \ ~~ _ ,,' ~ :;>':::10 '{t.ul(J) t- ~ o \ ~ o N 4. o z 't5 ~ z - 'ii o ~ (/) ~ \ "- o B III ~~('l ..- ......c~ tt: (5::l ~ .z. _ (/). cO ~ ~~~ c:::; 09 10 ,.:::;. I- . :z ~ ~~ o Oul- i=- ~g a )- ~~ .., I- .~ ..... _ ul (J) Og <I) I*\J.S0r u.l " \ii '$!o ~ '<to \ III u..<i (t)tO. ~ " tCi o:z. $ ~ 'Z~ :z % Oul ~ 0..1:0 Ul :u. 'i<>l'l\M ,;1 N1 ?~ ~t'"' (ill'-, ......(-.1 S2" b ....00 reoz ~cJ) co ~~ -- \~ ~u.\ts ~~(/) NI)..snr \ \ \ t- '<"" o , '<"" o N 4:. o ~ ~ ~ -Z - ~ o 9, Q) ~ \ a:; (:) C> Z~ t ::&~l ~OQ)to ~ C2.ciO r-- u.I ~ ~ to ~ ~ 9. '5 \.l.-~; _ O~g '0 r ~~ U1 t:: u.i ~ ill 00 '& .... Q. Q) ..... 'i~ \1.\ ":': ~ u.I ....~ <ib (:) ( RECORDED ~ n[OUEST OF nJ;', CC'\.lilTY RECORDER tJaJ- d _iJ: ./ .). ~L^:\!}Q ;'!(\Y,~\FF:G ? r (f- FEEr-OEPUTY /!ff9/U/'{ II ()u')OO'9979 2DOZ JA 25 PH I: 5-' '- MERIDIAN CITY CITY OF MERIDIAN ORDINANCE NO. 02-934 AN ORDINANCE ADOPTED AFTER ONE READING UNDER SUSPENSION OF THE RULE ACCORDING TO IDAHO CODE 50-901A AND FINDING THAT CERTAIN LAND TO BE KNOWN AS A PODIATRY BUILDING OWNED BY MARSHAL OGDEN 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 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 CLERI( 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 'wTitten request for annexation to the City of Meridian, Idaho, by the ovvner of said Property to-wit: ANNEXATION AND ZONING ORDINANCE (AZ-OI-OIOl - 1 A parcel of land located in the NW 1,4 of the NE [/4 of Section 7, T. 3N., R. IE., B.M., Ada County, Idaho and more particularly described as follows: Commencing at the corner common to Sections 5, 6, 7 and 8 of T. 3N., R. IE., B.M., from which the 1/4 corner common to said Sections 6 and 7 bears North 89028'06" West, 2640.98 feet; thence North 89028'06" West, 1513.68 feet on the line common to said Sections 6 and 7 to the REAL POINT OF BEGINNING; thence continuing on said com.mon line North 89028'06" West, 209.36 feet; thence leaving said common line South 00042'04" West, 33.09 feet to a point on the southerly right-of-way of said Fairview Avenue; thence continuing South 00042'04" West, 175.98 feet; thence South 88056'51" East, 208.52 feet; thence North 00055'50" East, 179.65 feet to a point on the said southerly right~of~way of Fairview Avenue; thence continuing North 00055'50" East, 31.32 feet to the Point of Beginning, containing 1.01 acres, more or less. SECTION 2: That the above-described real property be, and the same is hereby annexed and made a part of the City of Meridian, Ada County, Idaho. SECTION 3: That the real property herein by this ordinance annexed to the City of Meridian hereinabove described shall be zoned General Retail and Service Commercial District (C-G). SECTION 4: That the City Engineer is hereby directed to alter all use ANNEXATION AND ZONING ORDINANCE (AZ-OI-OIO) - 2 and area maps as well as the official zoning maps, comprehensive plan and all official maps depicting the boundaries of the City of Meridian in accordance vvith 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 follovving the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner plainly and clearly designating the boundaries of the City of Meridian, including the lands herein annexed, with the following officials of the Countv of Ada, State of Idaho, to-wit: the Recorder, Auditor, Treasurer and Assessor ,; and shall also file simultaneously a certified copy of this ordinance and map with the State Ta.,'( Commission of the State of Idaho, all in compliance vvith Idaho Code 63-2215 and 50-223. ANNEXATION AND ZONING ORDINANCE (AZ-OI-OIO) - 3 PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this / S7h. day of dtt/1J/ttl f-:f ,'200I.zooZ-~ APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this d;?n::i day of .,:7tLn?u:u--;~ ;-z.ef}:l2-ooZ--" STATE OF IDAHO,) ATTEST: JI~fr~~, CITY CLERK : ss. County of Ada. ) ~ ;20 oJ-, On this {)j)n day of ~ h/YU.l{u)~ ' ;>;{la-I, b~~-] ~~{,t~c;!Jd,~Eigned, a Notary Public in and for said Stat~, pers01~~t!Y, lrg~1re2-"~a.t ~T D. Cc5-J.:8:tt.E and WILLIAM G. BERG, JR., known to me to be th'tt _\ ~nOO 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) Ollllll III "'DO ..oN S .. ..~ ~----~. /ltl/~6T~;:~~ fltt""J/ """ \ 1!10 a , m III . . l!l : \ Leg : eo \ e 0.. e9......~~.1i!J ..~.;.:.~_...;(o,,~. ..~~OF1Y..o. "'!talll... Sh~nA~ NOTARY PUBLIC FOR IDAHO RESIDINGAT: A 'OJ A MY COMMISSION EXPIRES: Z:\Work\IVl\Meridian\Meridian I 5360M\Podiatty Bldg AZO! -0 10\AZOrd.doc ANNEXATION AND ZONING ORDINANCE (AZ-OI-OIOl - 4 r- Z m r- r- !; G G ~ m<J1 r- m r- Z Z ~ '" ::::; "'Gl w ... 0 w ~~ m ~ to 0> en w ;;i wen '" '" 0 ~ '" <J1 '" 0> to lD r- m lD (J)(J) Z ~ ZZ (J) gg '" ;U co '" to Z CO 0> ,,:,: ....; GJ .:hJ: J: '" '" '" en U1 m ~~ ~ uiUi ~ ~q ni ~~ mm '" " i!: '" 0 :;: Ol ;;U .. s::Q fJ(") Ul )>Z ,."'- _. -I ~ ;;U)> !l1~ -( cnZ "''''0 (5 :c(") L~~ " Z )>m -0:;: ...., r-z ~iiem ... '0 o::c::U '" O. ~~O _z G))> ~ffi> ~ oliJ gZ m me t> Zo" I e .... ~ e " , .-'! .' ",,' I,', . ,'1. ".;'"'. ~," .~ ~ ; } " ~ ~ ~ "'.:. .:==> III ~ ~~ ~ ~ ~~ 4. u.. ~ III 0..:I: O\-l';)1l:l3f B 9'1 'S ill. ~ ~ r- 38'i3).. ~ ~ ~ 4- u. III o '<"" o &m ~O 4:<.9 .0 OJ Z:i ~:c Z<& 4.4:- ~~ ~ o ~ ~ \ o z~ ~ 4:.~~ a:. _-II) ~ O~~ ~ ~~%. r.: ~69 ~ \.l.-~~ _ 0'40 b r$~ U1 t:: u.i ~ en 00 w <0 s (/) ~ ~ N ~~ ~ <ib p ** TX CONF I J;;,. ,ION REPORT ** AS OF rAN 15 '02 12;10 PAGE. 01 CITY OF MERIDIAN DATE TIME TO/FROM 05 01/15 12:08 2083226308 MODE MIN/SEC PGS CMD~ STATUS EC--S 01' 49" 006 090 OK WHITE PETERSON WIDTE, PETERSON, MORROW, GIGRAY. ROSSMAN, NYE & ROSSMAN. P.A. KBWB.llll'lUS J1!l.IElO..lllN~ VIM. F. GIGlIA Y. I1i T < (jl]y \-L\1.lJ,M D. S-'>nJBl.1allNW.~ 1.1l.LS.1L11l.1U1l; J.oJ\1\Yt\. l-f00lU! WJJ.lJAMA. MoMOW Wll.Ui\M I'. NIOlOLS" "Al.o odmllled in OK .. AJeo lldmill<4 in WI<. ~1Om.IiJ.s. N\:ll I'lIIUP A. ~ ElG::.\ S. Pl!lU.lPS Ell1C s.. Ro~ ToooA. R03:lW\l1 n,WXl>M. SwMlUlY lllumCll R. WrllTDn Nla.ou.n W<<U!N" ATTOlI.NEYS AT LAW 200 EASTCAAl.'TOl-l AV&., 5=31 POSTOm~BoxlISO MElI:lDIAN, IDAliO 836SO-11S0 "I'm. (Z01!)2"-24!19 1',,-,,(208)288"2501 E.MA,n.:@O/bi1cpo=..colll NAMPA OFFICE 5700 UlIJ.m:uNIUl., rni.200 NAMP!\"IOAHO 83687.8402 Tel.. 120S) 46609272 FAX(20B)466M05 PulME RIll>L.Y TO MERIDIAN OOICll January II, 2002 RECEIVED JAN 1 5 20U2 City Of Meridian City Olerk Office To: Staff Applicant Affected Property Owner(s) Roe: Application Case No. COP.OI-O$5 FINDINGS AND RECOMMENDATIONS OF PLANNING AND ZONING COMMISSION Staff. Applicant and/or Affected Property Owner(s): Please note that these Findings and Recommendations of the Planning and Zoning Commission shall be presented to the City Council at the public hearing on the above referencea matter py the Planning and Zoning Administrator. Due to the volume of matters which the City Council must decide, and to insure your position is understood and clear, it is important to have a cons.istent format by which matters are presented at the public hearings Defore the City COunCIl. The City Council strongly reconunends: 1. That you ta.l<e time to c:u:efully: review the Findings and Recommendations of the Planning and Zoning Commission. and 5e prepared to state your position on this application by addressing toe Findings and Recorrunendations of me Planning and Zoning Commission; and That you carefully complete (be sure it is legible) the Position Statement if you disagree with the Findings ana Recommendations of the Planning and Zoning Commission. The Position Statement form for this application is available at the City Clerk's office. It 1s recommended that you prepare a Position Statement and deliver it to the City Clerk prior to the hearing. if possible. 1f that is not possible, please present your Position Statement to the City Council at the hearing. along with eight (g) copies. The copies will be Eresented to the Mayor, Council. Planning and Zoning Administrator, Public Woiks and the City Attorney. If you are a pan of a group, it is strong~ recommended th3.t one Position Statement be filled out for the group, which can be signed by the represem:.ative for the group. 2. 111 Very truly yours, ~~ ;1..V()rU.! City Attorney's Office 7 BEFORE THE MERIDIAN CITY COUNCIL C/C 01/15/02 IN THE MATTER OF THE ) APPLICATION OF BRIGHTON ) CORPORATION, FOR ) APPROVAL OF FINAL PLAT ) FOR ASHFORD GREENS NO.6) SUBDIVISION, LOCATED EAST ) OF BLACK CAT ROAD AND ) NORTH OF CHERRY LANE, ) MERIDIAN, IDAHO ) ) CASE NO. FpwOL-025 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Meridian City Code ~ 12-3-7 on JanualY 15, 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 Shari Stiles, Planning and Zoning Administrator, and Bruce Freckleton, Engineering Technician III, for the Public Works Department, listing 6 General Requirements and 17 Site Specific Comments, which are herein found fair and reasonable, and at the January 15, 2002 meeting, Shari Stiles, Planning and Zoning Administrator and J ohn Wardle, appeared and testified at the hearing, and no one appeared in ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR ASHFORD GREENS NO.6 SUBDIVISION (FP-OI-025) - 1 opposition, and the Council having considered the requirements of the preliminalY plat the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Plat of "ASHFORD GREENS NO.6" as evidenced in Plat bearing the "PLAT SHOWING ASHFORD GREENS NO.6, A SUBDIVISION LOCATED IN THE SW lJ4 OF SECTION 3, T.3N., R.IW., B.M., MERIDIAN, ADA COUNTY, IDAHO, 2001, HUBBLE ENGINEERING, INC., MERIDIAN, IDAHO, SHEET 1 OF 2, J: \PROJECTS\ASHFORD\DRA WINGS\ASHFORD6\ashford6platREV.dwg, MON OCT 152001, BOB UNGER, DEVELOPER: BRIGHTON CORPORATION, BOISE, IDAHO, 00-099-02," and BRIGHTON CORPORATION, is Conditionallv ,; Approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Shari Stiles, Planning and Zoning Administrator and Bruce Freckleton, Engineering Technician III, of the Public Works Department, dated Janumy 9,2002, listing 6 General Requirements and 17 Site Specific Comments, a true and correct copies are attached hereto marked Exhibit "A", and consisting of four pages, and by this reference incorporated herein, with the additional requirements as follows, to-vvit: 1.1 Deputy Fire Chief, Joseph Silva, requires that a fire-flow of 1,000 gallons per minute shall be available to service the entire project. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR ASHFORD GREENS NO.6 SUBDIVISION (FP-OI-025) - 2 Fire hydrants shall be placed an average of 500' apart. 1997 UFC Appendix lILA. 1.2 Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3. 1.3 Acceptance of the water supply for fire protection shall be contingent upon acceptance of the water system. by the City of Meridian for water quality. 1.4 Fire approval of fire hydrant locations shall be by the Meridian Fire Department. 1.5 All radii shall be 28' inside and 48' outside radius. 1.6 Insure all yet undeveloped parcels are maintained free of combustible vegetation per section 1103.2.4 of the UFC. 1. 7 The Central District Health Department's requirements shall be complied with as addressed in the District's Environmental Health Division letter dated Decentber 26,2001. 1.8 The Nampa & Meridian Irrigation District requires that any encroachments within the easement of the Safford Lateral shall be approved with a License Agreement. The plat does not indicate the Safford Lateral that courses along the south boundmy of the project. An addendum to the existing contract shall be required. Additionally, the applicant shall comply with the requirements of the action of the City Council taken at their JanualY 15, 2002 meeting as follows: 1.9 Applicant shall clarify Site Specific Comment number 13, pertaining to the well, and per the JanualY 15, 2002 Council meeting shall supply a new revised Construction Drawing showing the correct well location outside of the right-of-way, and ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR ASHFORD GREENS NO.6 SUBDIVISION (FP-OI-025) - 3 said Construction Drawing shall be approved by the Public Works Department and Planning and Zoning. 2. The final plat upon which there is contained the Certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 2.1 The Plat dim.ensions are approved by the City Engineer; and 2.2 The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off~site and required on- site improvements. '/::4,11 By action of the City Council at its regular meeting held on the /;;,J ~ day of J{;lflM-~:f ,2002. Copy served upon Applicant, the Planning and Zoning Department and the Public Works Deparunent. ,(\'S'd,'LV.""'" ;;..,\. '..J 'fo"f!"'.,..-:\.;;c ..,.,.,-.--"''''"''''''........ , . .,;.; or;" /"" ;;:>'I?O" ", ~.>- .\...! /~ 0,".." ~,-, ~~1~ ",,- ,/ Dated /- ,J/-P2-! ..<;.;;,<:~ \~: /./ - " ~~\., ~.;"" ;-) . fO "~!'1" 1"'\ ./ " . ::<: 10~~,...:,~~;,~'?__;/" < ~ BX' Z:\Work\M\Meridian\Meridian I 5360M\Ashford Gms #6 FP01-025\FPOrderOI.025.doc ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR ASHFORD GREENS NO.6 SUBDIVISION (FP-OI-025) - 4 HUB OF TRE4.,')'URE VALLEY A Good Place to Live D. Come CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 . F A..'( (208) 887-4813 City Clerk Office Fax (208) 888-4218 Ron Ande1'!lon Keith 8ird Tnnuny deWeerd Cherie McCIlI1dles5 MEMORANDUM: To: Mayor & City Council Bruce Freckleton, Assistant to City Enginee~ Shari Stiles, Planning & Zoning Administrator ~ From: LEGAL DEPARThlENT (20l:l) 288-2499 . fa" 2l:ll:l-2501 PUBLIC WORKS I3UILDING DEPARTII'1E~'T (208) 887.2211 . Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208) 884-5533, FAX 883-6854 January 9,2002 RECEIVE"D JAN 1 U 2002 City Of Meridian City Clerk Office Request for a Final Plat Approval of Ashford Greens No. 6 Subdivision - 23 Single~ Family Lots and 4 Other Lots on 9.24 Acres in an R~4 Zone by Brighton Corporation (File # FP-Ol~025) Re: 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: APPLICATION SUMMARY The application is for 23 single~family building lots on 9.24 acres of land in an R-4 zone, at a gross density of 3.42 units per acre. The applicant is not responsible for the tiling of the EightMMile Lateral, however a variance for the piping of Safford Lateral was applied for by the applicant in 1995. the Council took no action at that time and tabled the variance request indefinitely. A variance has been issued to the Golf View Subdivision (directly north of Ashford Greens) to eliminate the requirement to tile the Safford Lateral. LOCATION The subject property is located approximately one-quarter mile west of Black Cat Road, approximately one-quarter mile north of Cherry Lane. The parcel is currently zoned R-4. SURROUNDING USES North- Cherry Lane Golf Course, zoned R-4 (QuasiMPublic Use). SouthM Stafford Lateral and Golf View Estates, zOned R~4. EastM Brenda Estates, zoned R-~. . West- Ashford Green #5, zoned R-4. SITE SPECIFIC COMl\1ENTS 1. Applicant is to meet all terms of the approved preliminary plat. 2. Street signs are to be in place, water system shall be. approved and activated, pressurized irrigation system approved and activated, fencing installed, and road base approved by the Ada County Highway District prior to applying for building permits. Landscaping shall be installed FP-Ol-<l2S AahfordGreem6.$ .f U Ii i Lf .----~ ~and Council ~' January 9, 2002 Page 2 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 inigation, sanitary sewer, water, etc., prior to signature on the final plat. 3. Applicant shall be responsible to construct permanent perimeter fencing, except where the City has expressly agreed, in writing, that such fencing is not necessary. Fencing is to be in place prior to applying for building permits. 4. Revise and/or modify the following notes: 2) ...have a ten (10) twelve (12) foot wide permanent public utilities, street light, drainage, sidewalk, and irrigation easement. 3) .., and drainage easement unless otherwise shown. 4) Delete this note. The sidewalk, although separated, must be a public pedestrian walkway, not an exclusive walkway for homeowners within the subdivision. 5) Add lot and block number for the common /ot/landscape is/and located in the center of W.Dawson Drive. 7) .. . above the highest kno'.vn established nonna! groundwater elevation. 10) . . . 1400 square feet of living space. exclusive of garages. 5. Landsc~ping shall be installed per the approved landscape plans (dated 12-4-02). Landscaping shall be complete prior to obtaining certificates of occupancy. 6. Sanitary sewer and water service to this site will be via extensions of the existing mains installed in adjacent phases of this development. Applicant will be responsible to construct lateral sewer and water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. 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. This certification will be required prior to approval of the development plans. 8. Provide a copy of the ex~cuted enqoachment agreement (if any) with Nampa-Meridian Irrigation District. indicating how the land underlying the Safford Lateral easement may be used. prior to signature on the final plat. The non-encroachable area of the Safford Lateral easement will need to be removed from the building lots and contained within a common lot to be owned and maintained by the Ashford Greens Homeowners Association. The rear lot line may be set at the edge of the encroachable area if an agreement has been executed. 9. Assuming the variance is granted for tiling, peInlanent fencing shall be constructed on the northerly easement line of the Safford Lateral unless an encroachment agreement is entered into with Nampa-Meridian Irrigation District. 10. The Eight-Mile Lateral is to be piped by a party other than the applicant. If the Lateral is not piped by the time building permits are ready to issue for this development, the applicant shall FNH-025 AshfordGreCns6.iP ~h: b~~ - AI' ~ .~ ~...,..,.,,_. ~~dCouncil ....--- .....------ January 9, 2002 Page 3 be responsible for installing temporary fencing to keep debris from entering the waterway during construction. 11. The legal description in the Certificate of Owners doesn't match the subdivision boundary as shown on the face of the plat in the area ofW. Harbor Point Drive. Please correct the legal to match existing boundaries of record. 12. Create a common area lot in the middle ofW. Dawson Drive for the existing landscape island, which is also shown on the preliminary plat. 13. How is the existing well, which is shown within the right-of-way of Dawson Dr. on the construction plans, going to be handled. This well provides backup supply to the pressurized irrigation system. 14. Graphically depict IO-foot wide public utilities, drainage, and irrigation easements along the northeast side of Lot 47, Block 19, and the south side of Lot 13, Block 29. The extra width is required due to the crossing of a pressurized irrigation pipeline. 15. The PLS preparing this plat shall affix his official stamp, signature and date to the plat map, and Certificate of Surveyor. (Idaho Code ~54-1215) 16. Change the date of Plat to 2002. 17. Staff's failure to cite specific ordinance provisions or terms of the approved preliminary plat does not relieve Applicant of responsibility for compliance. GENERAL REQUIREMENTS 1. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes ~uch as landscape irrigation. 3. One hundred watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. Ail streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 4. Submit "Final" letter from the Ada County Street Name Committee, approving the subdivision and street names. Make any corrections necessary to conform. 5. Coordinate fire hydrant placement with the City of Meridian's WaterWorks Superintendent. FNll-025 AshfordGteens6.fp E b.+" ., 3 * 6. Provide five-foot-wide sidewalks in accordance with City Ordinance Section 12-5-2.K. FP-Ol.o2S AshfordGreens6.fj:I E '. b:+ .. Ii ~ * January 11, 2002 MERIDIAN CITY COUNCIL MEETING January 15, 2002 APPLICANT ITEM NO. G REQUEST Tabled from December 18, 2001 - Five Mile Trunk Latecomers Agreement AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Contacted: See previous Item Packet 1voJ/-i c; /OV ? ~/ Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE ) APPLICATION OF KELLY ) HUNEMILLER, FOR A ) VARIANCE OF SECTION 12-3-6C ) REQUIRING SUBMITTAL OF A ) PINAL PLAT WITHIN ONE YEAR ) FOR PINTAIL POINTE ) SUBDIVISION, LOCATED ) SOUTH OF WEST CHERRY ) LANE AND EAST OF NORTH ) BLACK CAT ROAD, MERIDIAN, ) IDAHO ) C/C 12~lS-0 1 VAR-OI-014 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING A VARIANCE The above entitled matter coming on regularly for public hearing before the City Council on December IS, 2001, and Shari Stiles, Planning and Zoning Administrator, appeared and testified, and Amy Woodruff appeared and testified on behalf of the applicant, and Clint Boyle and Jim Jewett, 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: Page 1 of 10 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE I V AR-01-014 PINTAIL POINTE SUBDIVISION - KELLY HUNEMILLER FINDINGS OF FACT 1. 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 current zoning maps thereof and the Comprehensive Plan of the City of Meridian adopted December 21, 1993 Ordinance #629 - J anualY 4, 1994 and Maps. 2. The requirements of Idaho Code ss 67-6509, 6516 and Meridian City Code ss 11-15-5 and 12-11-3 as evidenced in the record of this matter. 3. The Applicant is Kelly Hunemiller, whose address is 2586 N. Waggle Place, Meridian, Idaho 83642. 4. The owner of the property is Ron Leslie, whose address is 1185 W. Osprey Ridge Dr., Eagle, Idaho 83616. 5. The location of the subject property is presently located in an R-4 (Low Density Residential District), and which subject property is located south of West Cherry Lane and east of North Black Cat Road, Meridian, Idaho. 6. The legal description of the property appertains to the real property that is included within the Vicinity Map, and is attached hereto as Exhibit "A" and consisting of two pages, and as the legal description appears in the record of proceeds of this matter, and which is on file with the Meridian City Clerk's office. 7. The present land use of subject property is presently zoned as R-4 (Low FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / V AR-OI-014 PINTAIL POINTE SUBDIVISION - KELLY HUNEMILLER Page 2 of 10 Density Residential District), and which subject property is presently a single family residential subdivision IG1ovVl1 as Pintail Pointe Subdivision. 8. The proposed land use of subject property was to develop the subject property into a single family residential subdivision, and which subdivision has been developed and is now blown as Pintail Pointe Subdivision. 9. That a vicinity map, attached hereto as Exhibit "A" and consisting of two pages, of the proposed scale approved by the City Council showing property lines, existing streets, proposed district and such other items as required have been furnished. 10. The Applicant seeks a variance of the follmving provision of the Meridian City Code, S12-3-6C, APPROVAL PERIOD, and in the R-4 zone if granted the re- zone, which provides as follows: 12-3-6 APPROVAL PERIOD: A. Failure To Submit Final Plan: Council approval of the preliminmy development plan shall become null and void if the applicant fails to submit the final development plan within one year of Council approval of the preliminary development plan. B. Authorize Extension: Upon written request to the Council and filed by the applicant prior to the termination of the said one year period as stated in subsection A of this Section, the Council may authorize a single extension of the approval of the preliminary development plan for a period not to exceed one year from the end of the said one year period. C. Consideration For Final Approval: In the event that the development of the preliminary plat is made in successive contiguous segments in an orderly and reasonable manner, and conforms substantially to the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A V ARlANCE / V AR-OI-014 PINTAIL POINTE SUBDIVISION - KELLY HUNEMILLER Page 3 of 10 approved preliminalY plat, such segments, if submitted within successive intervals of one year, may be considered for final approval without resubmission for preliminary plat approval. 11. All property owners within three hundred feet (300') of the external boundaries have been notified by mail, and their mailing addresses may be obtained from the list on file with the Planning and Zoning Department. 12. The special circumstances or conditions affecting the property which the strict application of the provisions of this Title would clearly be impracticable or unreasonable are that the applicant states no one was informed of the denial by City Council of the request for extension. While this in and of itself may not be adequate reason to grant a variance, staff does not believe any purpose would be served by requiring the applicant to begin the preliminalY plat process anew. 13. The strict compliance with the requirements of this Title would result in extraordinalY 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 of this Title will result in inhibiting the achievements or the objectives of this Title are that extraordinary hardship to the owner/developer, due to the above conditions, would make strict compliance with Meridian City Code 12-3-SA unreasonable. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / V AR-01-014 PINTAIL POINTE SUBDIVISION - KELL Y HUNEMILLER Page 4 of 10 14. That the granting of the specified variance "vill not be detrimental to the public's welfare or injurious to other property in the area in which the property is situated, however, notation is made that a condition of the preliminalY and final plat approvals was to work with the adjacent developer to work out a system whereby the applicant participated in the cost of the lift station and the pressurized irrigation system which were built by the developers of Blackstone Subdivision. To date, no agreement has been reached, and the adjacent developer remains unpaid. 15. That such variance will not have the effect of altering the interest and purpose of this Title and the Meridian Comprehensive Plan because the issuance of a variance for this project will not violate the intent and purpose of the Meridian City Code and the Comprehensive Plan. 16. The applicant paid the fee established by the City Council for application variance. 17. The applicant shall comply with all the requirements of the Meridian Fire Department, and Clint Boyle's comments, as listed herein below in the Decision and Order at number 1. CONCLUSIONS OF LAW 1. The City of Meridian has authority pursuant to the enactment of the Local Land Use Planning Act of 1975 codified at Chapter 65, Title 67, and in particular, by FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / V AR-OI-014 PINTAIL POINTE SUBDIVISION - KELL Y HUNEMILLER Page 5 of 10 the provisions of Idaho Code 9 67-6516 to provide as part of its zoning ordinance for the process of applications for variance permits. 2. The City of Meridian has exercised its authority of Idaho Code 9 67-6516 by the enactment as a part of its Zoning and Development Ordinance variances, as set forth in Meridian City Code 9 II-IS. 3. That the requirements for the processing of a variance request are set forth in Idaho Code 9 67-6509, 6516 and Meridian City Code 99 11-15-5 and 11-17-5. 4. Application and standards for variances are set forth in Meridian City Code 9 11-18-2, and the findings which are required are set forth in Meridian City Code 9 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE I V AR-OI-014 PINTAIL POINTE SUBDIVISION - KELLY HUNEMILLER Page 6 of 10 welfare or injurious to other property in the area in which the property is situated, and that such variance will not have the effect of altering the interest and purposes of the Zoning and Development Ordinance and the Meridian Comprehensive Plan. 5. Meridian City Code, s 12-3-6C, APPROVAL PERIOD, and in the R-4 zone if granted the re-zone, provides as follows: 12-3-6 APPROVAL PERIOD: A. Failure To Submit Final Plan: Council approval of the preliminary development plan shall become null and void if the applicant fails to submit the final development plan within one year of Council approval of the preliminary development plan. B. Authorize Extension: Upon "vritten request to the Council and filed by the applicant prior to the termination of the said one year period as stated in subsection A of this Section, the Council may authorize a single extension of the approval of the preliminary development plan for a period not to exceed one year from the end of the said one year period. C. Consideration For Final Approval: In the event that the development of the preliminary plat is made in successive contiguous segments in an orderly and reasonable manner, and conforms substantially to the approved preliminaty plat, such segments, if submitted within successive intervals of one year, may be considered for final approval without resubmission for preliminary plat approval. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does Order: 1. That the Applicant is hereby granted a variance from the approval period FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / V AR-01-014 PINTAIL POINTE SUBDIVISION - KELLY HUNEMILLER Page 7 of 10 requirement for submittal of a final plat within one year of the previous phase for Pintail Pointe Subdivision in the R-4 zone, until June 20, 2002. That the Applicant shall obtain a written agreement with the adjacent developers of Blackstone Subdivision pertaining to the cost of the lift station and the pressurized irrigation system, and do so as soon as possible. The developer shall also incorporate Pintail Pointe Subdivision into the covenants and restrictions for Blackstone Subdivision, and said Pintail Pointe Subdivision shall be a part of the Blackstone Subdivision Homeowner's Association. Additionally, the Applicant shall comply with the requirements of the Meridian Fire Department as follows: 1.1 Provide a fire-flow as required by the 1997 Uniform Fire Code Appendix III-A. Show all proximity hydrants within 500' of the project on the resubmittal plat. 1.2 All corners will have to have 28' inside radius and 48' outside radius. 1.3 The roadways shall be built to Ada County Highway Standards. UFC 902.2.1 1.4 Acceptance of water supply for fire protection is contingent upon acceptance of the water system by the City of Meridian for water quality. 1.5 Final approval of fire hydrant locations shall be by the Fire Department. 1.6 Insure that all yet undeveloped parcels are maintained free of combustible vegetation per 1103.2.4 of the Uniform Fire Code. 1.7 The hammerhead will be required to be 120' wide. NOTICE OF PINAL ACTION Please take notice that this is a'final action of the governing body of the City of Meridian. Pursuant to Idaho Code Section 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE I V AR-OI-014 PINTAIL POINTE SUBDIVISION - KELLY HUNEMILLER Page 8 of 10 issuance or denial of a variance authorizing a variance of the APPROVAL PERIOD requirements in the R-4 Zone as provided in the Section 12-3-6C and may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. , --f./.. By actiOl~ of the City Council at its regular meeting held on the / f:J' - day of J~:r ,2002. ROLLCALL: COUNCILMAN BIRD VOTED~ COUNCILWOMAN deWEERD VOTED~VL- COUNCILWOMAN McCANDLESS VOTED~L COUNCILMAN NARY VOTED~ MAYOR ROBERT D. CORRIE (TIE BREAICER) DATED: /- 16-02- VOTED - MOTION: APPROVED: ~~ DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE/ VAR-OI-014 PINTAIL POINTE SUBDIVISION - KELL Y HUNEMILLER Page 9 of 10 Copy served upon Applicant, the Planning and Zoning Department, Public Works Department, and the City Attorney office. Dated: 1- ( G -0 L Z:\Work\M\Mcridian\Meridian 15360M\Pintail Pointc Sub V ARO] -0] 4\FfClsGrant Variance.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A V ARlANCE / V AR-01-014 PINTAIL POINTE SUBDIVISION - KELLY HUNEMILLER Page 10 of 10 n AIt/6,Y' "1 t:),c~ BLACK CAT RD (,,) 18 ffijq 0) o o to o o en ... 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Q. i'3fi' 2' if~ 1l.~t' .. - - 2' 5 - " . 9 1~ 9 [=" ~ ~ ~ ehlS~+ I#fJ el c:Lo;.;z. -0 '" ." .. ~ ~ ..., ~ ~ il ~.:l' Z .:,z.:r ~ r il 0:2 z~ nll 1J13 c OJ o <: (j) ~ ::<I~ ,-if tffi Ol_ ~~~ IS- z -~: ~; g~ ~~ _0 ~ I 1 I BEFORE THE MERIDIAN CITY COUNCIL C/C 01/15/02 IN THE MATTER OF THE ) APPLICATION OF SITZLAR ) REAL ESTATE DEVELOMENT, ) LLC, FOR APPROVAL OF FINAL ) PUTFORSPARROWHAWK ) SUBDIVISION, LOCATED AT ) THE NORTHEAST CORNER OF ) NORTH NOU ROAD AND ) EAST FRANKLIN ROAD, ) MERIDIAN, IDAHO ) ) CASE NO. FP-O 1 ~023 ORDER OF CONDITIONAL APPROVAL OF FINAL PUT This matter coming before the City Council for Final Plat approval pursuant to Meridian City Code S 12~3-7 on Janumy IS, 2002, and the Council finding that the Administrative Review is complete which has included certain comments and conditions as stated in a letter to the Mayor and Council from Bruce Freckletol1, Engineering Technician III, and Brad Hawkins-Clark, Planner for the Planning and Zoning Department, listing 6 General Requirements and IS Site Specific Comments, which are herein found fair and reasonable, and at the JanualY 15,2002 meeting, Shari Stiles, Planning and Zoning Administrator, Gary Smith, Public Works Director, and Bob Unger for the Applicant, commented at the hearing, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SPARROWI-IAWK SUBDIVISION (FP-Ol~023) - I and no one appeared in opposition, and the Council having considered the requirements of the preliminary plat the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Plat of "SPARROWHAWK SUBDIVISION" as evidenced in Plat bearing the "PLAT SHOWING SPARROWHAWK SUBDIVISION LOCATED IN THE S 1/2 OF THE SW 1/2 OF SECTION 8, T.3N., R.IE., B.M., ADA COUNTY, IDAHO 2001, HUBBLE ENGINEERING, INC., MERIDIAN, IDAHO, 00-235-01, SHEET 1 OF 2, STAMP DATED: NOV 162001," and SITZLAR REAL ESTATE DEVELOPMENT, LLC, 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 Brad Hawkins-Clark, Planner for the Planning and Zoning Department, dated January 10,2002, listing 6 General Requirements and IS Site Specific Comments, a true and correct copies are attached hereto marked Exhibit "A", and consisting of five pages, and by this reference incorporated herein, with the additional requirements as follows, to-wit: 1.1 Deputy Fire Chief, Joseph Silva, requires that a fire-flow of 1,000 gallons per minute shall be available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix IILA. 1.2 Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SPARROWHAWK SUBDIVISION (FP-OI-023) -2 1.3 Acceptance of the water supply for fire protection shall be by the Meridian Water Department. 1.4 Final approval of the fire hydrant locations shall be by the Meridian Fire Department. 1.5 All radii shall be 28' inside and 48' outside radius. 1.6 Insure all yet undeveloped parcels are maintained free of combustible vegetation per section 1103.2.4 of the UFC. 1.7 The roadways shall be built to Ada County Highway Standards. UFC 902.2.1. 1.8 All access roads within the project shall have a dear driving surface with a minimum width of 20'. 1.9 The Nampa & Meridian Irrigation District has concerns over the storm drainage, as long as it is retained on site no further review would be necessary but if it leaves the site the District shall require a Land Use Change application. 1.10 The Central District Health Department's requirements shall be complied with as addressed in the District's Environmental Health Division letter dated December 12,2001. Additionally, the applicant shall comply with the requirements of the action of the City Council taken at their January 15, 2002 meeting as follows: 1.11 Pertaining to the Requested Preliminary Plat Modifications number 2.2 it shall read as follows: "Due to the intermittent flow of irrigation water, to the property, the Nampa & Meridian Irrigation District is considering some kind of a pump station for this general area, down near the proposed Tamura & Berry project. Additionally, pertaining to the estimated water pressure for the project, the solution to providing more pressure to this site is to connect to the high pressure zone, which is several thousand feet to the east. The water line would have to be ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SPARROWHAWK SUBDIVISION (FP-OI-023) -3 extended from Eagle Road on Franklin to the west across the frontage of the project." 1.12 Pertaining to the Requested Preliminary Plat Modifications number 2.10 is shall read as follows: The landscaping shall be maintained by the property owner's association through the CC&R's." 1.13 Site Specific Comment number 3 shall read as follows: "All perimeter fencing shall be cedar fencing with metal posts, and no wooden posts shall be allowed." 1.14 Site Specific Comment number 8 shall read as follows: "The applicant shall obtain approval of the Landscape Plan prior to signature on the Final Plat." 1.15 Site Specific Comm.ent number 9 shall read as follows: "Pertaining to the other remaining trees on the site, particularly surrounding the current house, the applicant shall mitigate for any trees to be removed in that area. The Locust trees that have / already been removed "vill not have to be mitigated:' 1.16 Site Specific Comment number 4. 6) shall now read as follows: " 1.17 Site Specific Comment number 7 shall be deleted.. 2. The final plat upon which there is contained the Certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 2.1 The Plat dimensions are approved by the City Engineer; and 2.2 The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SPARROWHAWK SUBDIVISION (FP-OI-023) - 4 issued guaranteeing the completion of off-site and required 011- site improvements. By action of the City Council at its regular meeting held on the / C -fA / J day ~ of d~?(~t:t-. U ,2002. /~-) ,... / /~ /" /i '~4'J1,() ("~~:-~ MijiOR ROBERT D. CORRIE Copy served upon Applicant, the Planning and Zoning Department and the Public Works Department. ."" ,'.'., '. Dated; /---- Z iJ - tJ 'L-- . ~ T , '$ ;..<-, l6~~:;;C: ';;;2,')', ., F1';, 1..1 r -~ . .. , '"\ r.' / -r.. \., "'C::. "~, ~..' / t) t.",f:,- \,....; i ~-"j.l, / " ".:.,:. ,'.'.:'....,~n...:~'"1................_ ~-~(' ~\-)" Z:\Work.\l'vlVvleridian\Meridian 1 5360M\Sparrowhawk.\FPOrderO I.023.doc ORDER OF CONDITIONAL AFPROV AL OF FINAL PLAT FOR SPARROWHAWK SUBDIVISION (FP-OI-023) -5 n U.D t..~r 1.1u.:.t'1~'~/.l.'l.L:; ".rLLA..J...:,;J: A Good Place to J jve LEGAL DEl.' ARli\tI::!J.'J'l' (Z01l) 2M-~99 . F~x 2RR. 2.~01 Keith Bird T:WJlllY Jc\'K'Cro Olede McGmilless CITY OF NJERIDIAN 33 EAST IDAHO iVfERlDL\i'J,ID.AlIO 83642 (208) 888-4433 . F A.X (208) 887.4813 G'Y OMk Offin> F~x (2M) 8R1l-4218 PlANNL\lG AND ZONiNG DF.P!\RThffiNT (208) 88+-5533 . P A.",{ 88&685+ PlJ'BLtC WORKS BUIIDING DEPARThIENr (208) 387<~11 . Fax 887.1297 MEMORANDUM: January 10,2002 To: -- Planning & Zoning CommissionJM:ayor & City councnRECEIVED .c:::# . JAN 1 1 2002 Bruce Freckleton, Assistant to City En~ineer ~ Brad Hawkins-Clark, Planner ~\:\L City Of Meridian City Clerk Office Request for Final Plat approval of Three (3) Commercial Lots on 20.20 Acres for Proposed Sparrowhawk Subdivision (File #FP-01-023) by Sitzlar Real Estate Development, LLC From: 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 SUM:MARY The subject application plats two (2) existing parcels into a new, three-lot commercial subdivision on East Franklin Road. An Annexation and Preliminary Plat application were approved in February 2001. The land is zoned C-G. The Applicant also currently has a Planned Development application before the P&Z Commission for this same property, including a 54- unit apartment complex on Lot 1 with a proposed mix of uses including fuel service station, bank and restaurant pads and office buildings on Lots 2 and 3. The Applicant has proposed three (3) modifications to the Preliminary Plat, which the Council will need to address as part of the 1-15M02 public hearing. LOCATION . The property address is 1960 E. Franklin Road, located at the NE comer of Nola Road and Franklin Road. The subject property has approximately 1,880 feet of frontage on Franklin Road. SURROUNDING PROPERTIES North - Seven (7) lots in Locust Grove Industrial Park, zon~d IML, abut the north property line. All seven lots are built-out. Some of the existing businesses include Tyco, NW Machine & Manufacturing, ABCD and the MSD Central Receiving Building. These lots are separated from the subject parcel by a combination of barbed wire and chain link fences. South - Nine (9) residential lots in Greenhill Estates Subdivision are on the south side of Franklin Road, zoned R1 (Ada County). Three (3) other Ada County parcels, zoned RUT, are to the west of Greenhill Estates and have single-family reside~~es. FNll.o23 E,.h:b;+" .. I Sparrowhawk FP.doc . yor and Council anuary 10, 2002 Page 2 .. i East - The Meridian School District owns a 12.5-acre parcel that abuts the east boundary of this parcel. The northern half of this parcel is the Meridian Academy school site and the southern portion of the parcel is undeveloped. The Wooden Nickle bar/restaurant occupies the small out- parcel shown on the plat in the SE comer. West - A single family residence, zoned RUT (in Ada County), is situated on a 1.5-acre parcel at the NW corner of proposed subdivision. A vacant, 8.S-acre parcel owned by Arthur Berry and Doug Tamura, zoned C-G (Meridian), is at the NWC of Nola and Franklin, directly west of subject site. REQUESTED PRELIMINARY PLAT MODIFICATIONS In Hubble Engineering's 11-15-01 application cover letter, three (3) modifications to the preliminary plat are requested. Staff will address each of these below for Council discussion and consideration: . Condition 2.2 - The Applicant has stated extenuating problems with adequate water rights to this property to serve the amount of proposed landscaping. However, no solution to the problem has been proposed. Prior to the 1-15-02 Final Plat hearing, Staff recommends the Applicant provide an estimate of the total water demand necessary to adequately serve the proposed landscaped buffers shown on the Landscape Plan. The estimate should also take into account all landscape areas shown on the pending Planned Development Site Plan. Applicant should also clarify with NMID if any of the existing water rights could be effectively utilized to provide landscape watering, even if through a source other than pressurized irrigation. If a well source is not possible and potable water is the only viable source, Staff recommends the Landscape Plan be modified to incorporate at least 50% of the plant material as drought tolerant species, or some other creative measure to incorporate water conservation into the required landscaped areas. The Nampa & Meridian Irrigation District has indicated to the applicant and staff that they would like to work with the property owner's to the west, Tamura & Berry parcel, on the design of a regional pressurized irrigation station on the Five Mile Creek. If Council. approves the variance/waiver, staff would recommend that the applicant be required to desi8Ii their irrigation system for the ease of future conversion to the proposed regional NMID system. , . Condition 2.10 - Previously, the Council has allowed a waiver of the common landscape lot requirement. As long as the Franklin Road and Nola Road landscaping is maintained by the business owner's association through CCR's, Staff supports this modification. CD Condition 2.15 - When projects are constructed adjacent to ACEID roadway projects that are in their Five Year Work Program, the City has both waive4 our ordinance requirement for a sidewalk prior to occupancy and, in other instances, has' required a temporary asphalt path until the permanent concrete walkway can be constructed. Depending upon the timing of Sparrowhawk's development; there could be pedestrian safety issues given the proposed apartment complex on Lot 1. If the apartment complex is approved and occupancy granted by 2003, it could be 18-20 months before the pennanent sidewalk is built. Staff recommends Council grant the proposed modification, with the caveat that a temporary, off-street FP-O 1-023 x h; b~ · Ii S Sparrowhawk Subdivision.FP ,ybf and Council ,i1tiuary 10, 2002 {,Page 3 walkway may be a condition of future CUP applications within the subdivision. The five-foot sidewalk should still be constructed along North Nola Road. SITE SPECIFIC COMMENTS 1. Applicant is to meet all terms of the approved preliminary plat; except as otherwise modified by City Council (see above). 2. Street signs are to be in place, water system shall be approved and activated, pressurized irrigation system approved and activated, fencing installed, and road base approved by the Ada County Highway District prior to applying for building pennits. 3. Applicant shall be responsible to construct pennanent perimeter fencing as per the submitted LandscapelFencing Plan (Sheet L-l, dated 11-21-01). Applicant should clarify for the record that chain link fencing is proposed along the entire east boundary. Sheet L- 1 is unclear as to whether the east boundary will be split between cedar and chain link or all chain link. All required fencing is to be in place prior to applying for building permits. 4. Revise and/or modify the following notes: 6) A permanent cross access easement is in effect between Lots 1, 2 and 3, Block 1. 7) A maximum of three (3) driveways shall be approved on E. Franklin Roadfor this subdivision. 8) The bottom elvation of structural footings shall be set a minimum of i2-inches above the highest established normal ground water elevation. 5. Add "UNPLATTED" notation to the plat along the east side of the subdivision. 6. Landscaping shall be installed per the approved Lands,?ape Plan (Sheet L-l, dated 11-21- 01), on the condition that adequate and appropriate. water supply is provided to the satisfaction of the City. A letter of credit or cash surety in the amount of 110% will be required for all fencing; landscaping, pressurized in;igation, sanitary sewer, water, etc. prior to City signature on the Final Plat. All required landscaping shall be constructed prior to issuance of certificates of-occupancy for future buildings. 7. A revised Landscape Plan that calls out species and tree sizes shall be submitted to the P&Z Department prior t? signature on the Final Plat. 8. The Applicant shall verify in writing that the ditch shown on the Preliminary Plat at Franklin Road, which accommodates Nampa Meridian Irrigation District's Barker Lateral, will remain intact ,and that the ditch tile is outside the required 35-foot landscape setback. It is unclear to Staff from the Landscape Plan if this is the case. 9. Condition 2.9 of the Preliminary Plat Decision and Order required mitigation for all existing trees four (4) inch caliper or greater th~t' are removed from the site. Since FP-OI-023 SPlUToWhawk. Subdivision.FP S ~-A~~ . and Council .... uary 10, 2002 age 4 approval of the Preliminary Plat, the property has been largely cleared of all vegetation, including trees. The Landscape Plan called out several existing trees but did not specify size or the need for any mitigation. The Applicant shall verify this with the landscape architect and address this item in writing prior to the Council meeting. 10. Sanitary sewer service to this site will be via a new main extension from the existing Five Mile Trunk in Franklin Road. Applicant will be responsible to construct lateral sewer and water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. 11. Domestic water service to this site is proposed via an extensions of the existing main installed adjacent to this development. As proposed, the development would be served by a main that is expected to provide pressures in the 50-PSI range. This low pressure situation can be rectified by connection to the high pressure main which is approximately 0.4 miles east of the site. Subdivision designer to coordinate main sizing and routing with the Public Works Department. 12. Applicant's engineer will be required to submit a signed, stamped statement certifying that all street finish centerline elevations are set a minimum of three feet above the highest established normal groundwater elevation. This certification will be required prior to approval of the development plans. 13. The subdivision boundary on the face of the plat should be drawn to the centerlines of Franklin and Nola Roads since they are the current lines of ownership. Please reference a "Real Point of Beginning" that will be out of the future right-of-way, and add any information of record to the face of plat, and show in the Legend. 14. Change the date of Plat to 2002. 15. Staff's failure to cite specific ordinance provisions or terms of the approved preliminary plat does not relieve Applicant of responsibility for compliance. GENERAL REQUIREMENTS 1. All irrigation. ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4.:13. Plans will need to be approved by the appropriate irrigation! drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. . . 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. FP-OI-023 E ;b;f "'-I Sparrowhawk Subdiviaion.FP r and Council ( ary 10,2002 age 5 . . 3. One hundred watt, high-pressure soditimstreetlights will be required at locations designated by the Public Works DepartihenLAll streetlights shall be installed at subdividerfs expense. Typical locations are at street intersections and/or fire hydrants. 4. Submit "Final" letter from the Ada County' Street Name Committee, approving the subdivision and street names. Make any corrections necessary to conform. 5. Coordinate fire hydrant placement with the City of Meridian's Water .Works Superintendent. 6. Provide five-foot-wide sidewalks in accordance with City Ordinance Section 12-S-2.K. FNI1..o23 .b;~ If ., 50f s Sparrowbawk Subdivision.FP BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A PLANNED DEVELOPMENT OF A SENIOR COMMUNITY IN AN L-O ZONE FOR TRAMORE SUBDIVISION, LOCATED SOUTH OF W. PINE A VE. EAST OF N. LINDER ROAD, MERIDIAN, IDAHO THOMAS DEVELOPMENT CO., APPLICANT CIC 12-18-01 Revised 08/19102 ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. CUP-OI-036 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT The above c 1 - I t) -D2-- ving come before the ~u ()AWt 1Jr,v.K ()UP (reI. MtV' pvtS (i I" ifVl C)JvV f) f -0 3> (p City Council on December Idaho Street, Meridian, Ida and testified, and appearing baving duly considered the I City Council issued by the P and the Council having hear :111 City Hall, 33 East 'ministrator, appeared ", and the City Council : Recommendations to :::ted a public hearing .laving 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-Ol-036) 1 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 December 18,2001, 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 December 18, 2001, public hearing; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code 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 repOlt. 3. This proposed development request is in an L-O zone and by reason of the provisions of the Meridian City Code S 11-17-4, a public hearing was required before the City Council on this application. 4. The property is located south ofW. Pine Ave. east ofN. Linder Road, Meridian, Idaho. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-Ol-036) 2 5. The owner of record of the subject property is Sunny Ridge Associates General Partnership, Boise, Idaho. 6. Applicant is Thomas Development Co., Boise, Idaho. 7. The subject property is currently zoned L-O. The zoning district ofL-O is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. 8. The proposed application requests a conditional use permit for a planned development for a senior community. The L-Q zoning designation within the City of Meridian Zoning and Development Ordinance requires a conditional use permit be obtained for most uses including those requested by the Applicant. (Meridian City Zoning and Development Ordinance, Section 11-8-1). 9. The Meridian City Council recognizes that the proposed application is in compliance with the Meridian Comprehensive Plan. 10. The use proposed within the subject application will in fact, constitute a conditional use as determined by City Ordinance. 11. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles II and 12, Meridian City Code and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian, and Maps and the Ordinance establishing the Impact Area Boundary. 12. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction public facilities and services required by the proposed development will not impose expense upon the public if the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-OI-036) 3 following conditions of development are imposed and the following is also found to be required to mitigate the effects of the proposed use and development upon services delivered by political subdivisions providing services to the subject real property within the planning jurisdiction of the City of Meridian subject to the following: Adopt the Recommendations of the Planning and Zoning and Engineering Staff as follows: 12.1 Off-street parking shall be provided in accordance with the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requ irements. 12.2 Paving and striping shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 12.3 A drainage plan designed by a State ofIdaho licensed architect or engineer is required and shall be submitted to the City Engineer for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 12.4 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas or the traveling public in accordance with City Ordinance. 12.5 All signage shall be in accordance with the standards set forth in Ordinance 11-14 or as specifically approved. No temporary signage, flags, banners or flashing signs shall be permitted. 12.6 Provide five-foot wide pedestrian walkways in accordance with City Ordinance. 12.7 Screen trash areas on at least three (3) sides. Coordinate screened trash enclosure locations and construction requirements with Sanitary Service Company and provide a letter of approval from their office prior to applying for building permits. 12.8 Per Ordinance 11-17-4.B., a conditional use permit, when granted, shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the City Council. During this time, the permit holder must acquire building permits FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERlVIIT (CUP-Ol-036) 4 and commence the construction of permanent footings or structures. Time extensions are allowed per the ordinance. 12.9 Handicap parking, associated signage and building construction shall meet the requirements of the Americans with Disabilities Act (ADA) and the Fair Housing Act (FHA). By the architect or engineer's stamp on plans, they must certify that all construction meets ADA and FHA Standards. It appears at least one (1) additional handicap parking stall is required to meet ADA/FHA minimum standards. 12.10 Ordinance 11-13-5.B. requires a minimum of two (2) parking stalls per dwelling unit for multi-family residential uses. This would require a minimum of 144 on- site parking stalls; only 111 stalls are provided (33 stall deficit). Approximately 1.5 stalls per unit are provided. Senior apartment complex units are not specifically addressed in the ordinance and may be considered a less intensive use than standard multi-family units. Tramore is proposed to have 52 one bedroom units and 20 two bedroom units. As such, there is justification to allow a reduction under this CUP process. 12.11 As a condition of the CUP, a minimum 5-foot wide pathway shall be constructed along the southern boundary of the subject lot, extending fi'om the easte111 property line to merge with the required sidewalk along the east boundary of the entry drive. The pathway shall provide an extension of the pathway already constructed approximately 580 feet east in the Tremont Place Subdivision. The pathway shall be constructed either within the Nine Mile Drain easement or outside but shall be in general alignment with the Tremont pathway. 12.12 No sidewalk is currently shown adjacent to the main entry drive along the west side of the parking lot. The Site Plan shall be revised to reflect the Preliminary/Final Plat requirement for either an attached or detached 5-foot wide sidewalk along the east boundary of Lot 2's flag portion. 12.13 A future 25-foot wide vehicular access point shall be preserved at the southeast comer of the apartment complex lot for a possible private connection to Idaho Avenue in the fllture (see attached conceptual drawing). Until such time as Idaho is actually extended, there shall be no need for the Applicant to actually construct a driveway to the easte111 boundary. However, should the Idaho A venue connection be possible in the future, then a condition ofthe CUP for Lot 1, Block 1 shall be that a vehicular connection shall be made and the parking lot re- designed to accommodate a new driveway from the southeast corner of the lot to the east property line. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-Ol-036) 5 12.14 The Site Plan proposes a 20-foot wide street section/access point within the 50- foot wide cross access easement (hatched). Ordinance 11-13-4.F. requires a minimum 25-foot wide driveway width. Revise Site Plan to comply. 12.15 The elevations, color and construction materials for the two, 6-bay storage units in the parking lot shall compliment the design and materials of the apartment building. 12.16 Assessments for sewer and water service are determined during the building permit application process. 12.17 Four modifications to the Preliminary/Final Plat Landscape Plan (Sheet LO.l, dated 7/12/0 I) are required per Condition #1 under "Preliminary/Final Plat B Site Specific." In addition to those changes for the plat landscaping, the following modifications shall be made to the CUP Site Plan: a. Ordinance 12-12-8.3.C requires an internal planter island every twelve (12) parking stalls. The proposed Site Plan has several groupings of parking stalls that exceed this maximum number of contiguous stalls. The Site Plan (Sheet 1 of 1, Preliminary Plat) and Landscape Plan shall be revised to comply with this ordinance. Adopt the ACHD Recommendations as follows: 12.18 The applicant shall be required to construct a 7-foot wide attached concrete sidewalk on Pine Avenue 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. 12.19 Pave the driveway to its full-required width of24 to 30-feet and to a point 30-feet beyond the edge of pavement of Pine Avenue with 15-foot radii pavement tapers abutting the existing roadway edge. 12.20 If during construction any of the improvements are damaged the applicant is required to replace any damaged curb, gutter, and/or sidewalk on Pine Avenue to match existing improvements. Segments to be replaced shall be determined by ACHD Construction Services staff. 12.21 Uti lity 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 PERMIT (CUP-Ol-036) 6 12.22 Meet District drainage requirements per section 8000 of the ACHD Development Policy Manual. 12.23 Ifutility relocation is necessary to construct improvements required with this development, then all utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 12.24 Any existing irrigation facilities shall be relocated outside ofthe right-of-way. 12.25 Other than the access point specifically approved with this application, direct lot or parcel access to Pine Avenue is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. 12.26 All recommendations which apply to the Preliminary and Final Plat also apply to the Conditional Use Permit. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: 12.27 The District does not allow trees planted within the District's easement that courses along the south boundary of the above-mentioned proposed subdivision. 12.28 All laterals and waste ways shall be protected and all municipal surface drainage shall be retained on site. If any drainage leaves the site, the District shall review the drainage plans. The developer shall comply with Idaho Code 31-3805; it is recommended that ilTigation water be made available to all developments within the Nampa & Meridian Irrigation District. Adopt the Recommendations of the Sanitmy Service as follows: 12.29 The enclosure locations do not permit direct drive-on ability, and this shall require small containers, 2 each, to be serviced three times per week. Sanitary Services does note that large containers would reduce costs and provide more capacity and less service frequency. Adopt the Recommendations of the Meridian Police Department as follows: ]2.30 Any future development, especially of a higher density type, will bave further impact on traffic study issues given there are no improvements slated before 2005, according to the developer's traffic study. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-OI-036) 7 Adopt the Recommendations of the Central District Health Department as follows: 12.31 Submit written approval from the appropriate entities, and submittal of plans for approval by the Idaho Department of Health & Welfare, Division of Environmental Quality, the Applicant shall be approved for central sewage and central water. 12.32 Run-off shall not create a mosquito breeding problem. 12.33 It is recommended that storm water be pre-treated through a grassy swale prior to discharge to the subsurface to prevent impact to ground water and surface water quality. The engineers and architects involved with the design of this project shall obtain current best management practices for storm water disposal and design a storm water management system that is preventing groundwater and surface water degradation. Manuals that could be used for guidance are: 1. State of Idaho Catalog ofStormwater Best Management Practices For Idaho Cities and Counties. Prepared by the Idaho Division of Environmental Quality, July 1997. 2. Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Depmiment, May 2000. Additionally, from the staff comment after the City Council meeting held on December 18, 2001, pertaining to 12.10 on page 5 and 1.10 on page 14, and addressing the issues within that particular staff comment, and the applicant shall comply as a requirement, and those two sections shall be revised and shall now read as follows: 12.34 "Ordinance 11- I 3-5.B. requires a minimum of two (2) parking stalls per dwelling unit for multi-family residential uses. The senior apartment complex use is, under the CUP process, granted a reduction of this requirement to allow 1.5 stalls per unit. The proposed III parking stalls are deemed sufficient to meet the needs of the 52 one bedroom units and 20 two bedroom units, which are shown on the Site Plan." 13. The proposed uses within the subject application will be harmonious with and in accordance with the Meridian Comprehensive Plan and the City of Meridian Zoning and Development Ordinance because: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-Ol-036) 8 13.1 The subject property is designated on the "Generalized Land Use Map" as "Existing Urban." 14. The uses proposed within the subject application subject to the conditions herein ordered will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance or intended character of the general vicinity and that sLlch uses will not cbange the intended essential character of the same area. 15. The uses proposed within the subject application will not be hazardous or disturbing to existing or future neighboring uses. 16. The uses proposed within the subject application will be served adequately by central public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, and sewer. 17. The uses proposed within the subject application will not involve llses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. There is a possibility of increased traffic from the future development of Lot 2 (parcel "B"), which the Meridian Police Depaliment recognizes. 18. The development will not result in the destruction, loss or damage of natural or scenic feature of major importance relating to the property. CONCLUSIONS OF LAW 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Act" codified at Chapter 65, Title 67, Idaho Code (I.C.S67-6503). 2. The Meridian City Council may exercise an the powers required and authorized FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-Ol-036) 9 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 harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; C. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area; D. That the proposed use, ifit complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; E. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks~ police and fire protection, drainage structures, refuse disposal, water, sewer; or that the person responsible for the establishment of the proposed conditional use shall be able to provide adequately any such services; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-OI-036) 10 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, propeliy 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 designated 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 Limited Office District (L-O), a public hearing shall be conducted with notice to be published and provided to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the land under consideration for the conditional use permit all in accordance with the provisions of Meridian City Code S 11-17-5 City of Meridian Zoning and Development Ordinance, which provides as follows: "Prior to approving a Conditional Use Permit, the applicant and the Commission and Council shall follow notice and hearing procedures provided in Chapter IS of this Title. Provided, however, that conditional use applications for land in Old Town and in industrial and commercial districts shall only be required to have one public hearing which shall be held before the Planning and Zoning Commission; and after the recommendation of the Commission is made, the application shall go before the City Council without a public hearing and the Council may approve, deny, or modify the recommendation of the Commission." 6. Following the public hearing and within 45 days after the conclusion of the public hearing the Commission shall, transmit its recommendations to the Meridian City Council with supportive reasons. The Commission shall recommend that the application be approved, approved with conditions or denied. The Commission shall ensure that any approval or approval with conditions of an application shall be in accordance with Meridian Comprehensive Plan, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-Ol-036) 11 City of Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City Code 9 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 of the development; F. Require the provision for on-site public facilities or services; and G. Require more restrictive standards than those generally required, in this Ordinance. 8. The City of Meridian has, by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 21,1993, Ord. 629, January 4,1994 and Maps. DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does Order that: 1. That the above named applicant is granted a conditional use permit for a planned development for a senior community in an L-O zone located south ofW. Pine Ave. east ofN. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-OI-036) 12 Linder Road, Meridian, Idaho, subject to the following conditions of use and development: Adopt the Recommendations of the Planning and Zoning and Engineering Staff as follows: 1.1 Off-street parking shall be provided in accordance with the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requi rements. 1.2 Paving and striping shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 1.3 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 1.4 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas or the traveling public in accordance with City Ordinance. 1.5 All signage shall be in accordance with the standards set forth in Ordinance 11-14 or as specifically approved. No temporary signage, flags, banners or flashing signs shall be permitted. 1.6 Provide five-foot wide pedestrian walkways in accordance with City Ordinance. 1. 7 Screen trash areas on at least three (3) sides. Coordinate screened trash enclosure locations and construction requirements with Sanitary Service Company and provide a letter of approval from their office prior to applying for building permits. 1.8 Per Ordinance 11-17 -4.B., a conditional use permit, when granted, shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the City Council. During this time, the permit holder must acquire building permits and commence the construction of permanent footings or structures. Time extensions are allowed per the ordinance. 1.9 Handicap parking, associated signage and building construction shall meet the requirements of the Americans with Disabilities Act (ADA) and the Fair Housing Act (FHA). By the architect or engineer's stamp on plans, they must celiify that FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERl\HT (CUP-oI-036) 13 all construction meets ADA and FHA Standards. It appears at least one (1) additional handicap parking stall is required to meet ADA/FHA minimum standards. 1.10 Ordinance 11-13-5.B. requires a minimum of two (2) parking stalls per dwelling unit for multi-family residential uses. This would require a minimum of 144 on- site parking stalls; only III stalls are provided (33 stall deficit). Approximately 1.5 stalls per unit are provided. Senior apartment complex units are not specifically addressed in the ordinance and may be considered a less intensive use than standard multi-family units. Tramore is proposed to have 52 one bedroom units and 20 two bedroom units. As such, there is justification to allow a reduction under this CUP process. 1.11 As a condition of the CUP, a minimum 5-foot wide pathway shall be constructed along the southern boundary of the subject lot, extending from the eastern property line to merge with the required sidewalk along the east boundary of the entry drive. The pathway shall provide an extension of the pathway already constructed approximately 580 feet east in the Tremont Place Subdivision. The pathway shall be constructed either within the Nine Mile Drain easement or outside but shall be in general alignment with the Tremont pathway. 1.12 No sidewalk is currently shown adjacent to the main entry drive along the west side of the parking lot. The Site Plan shall be revised to reflect the Preliminary/Final Plat requirement for either an attached or detached 5-foot wide sidewalk along the east boundary oCLot 2's flag portion. 1.13 A future 25-foot wide vehicular access point shall be preserved at the southeast corner of the apartment complex lot for a possible private connection to Idaho Avenue in the future (see attached conceptual drawing). Until such time as Idaho is actually extended, there shall be no need for the Applicant to actually construct a driveway to the eastern boundary. However, should the Idaho Avenue connection be possible in the future, then a condition of the CUP for Lot 1, Block I shall be that a vehicular connection shall be made and the parking lot re- designed to accommodate a new driveway from the southeast corner of the lot to the east property line. 1.14 The Site Plan proposes a 20-foot wide street section/access point within the 50- foot wide cross access easement (hatched). Ordinance 11-13-4.F. requires a minimum 25-foot wide driveway width. Revise Site Plan to comply. 1.15 The elevations, color and construction materials for the two, 6-bay storage units FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERlVIIT (CUP-01-036) 14 in the parking lot shall compliment the design and materials of the apartment building. 1.16 Assessments for sewer and water service are determined during the building permit application process. 1.17 Four modifications to the Preliminary/Final Plat Landscape Plan (Sheet LD.1, dated 7/12/01) are required per Condition #1 under "Preliminary/Final Plat B Site Specific." In addition to those changes for the plat landscaping, the following modifications shall be made to the CUP Site Plan: a. Ordinance 12-12-8.3.C requires an internal planter island every twelve (12) parking stalls. The proposed Site Plan has several groupings of parking stalls that exceed this maximum number of contiguous stalls. The Site Plan (Sheet I of I, Preliminary Plat) and Landscape Plan shall be revised to comply with this ordinance. Adopt the ACHD Recommendations as follows: 1.18 The applicant shall be required to construct a 7-foot wide attached concrete sidewalk on Pine Avenue 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-ai-way, provide an easement for the sidewalk. 1.19 Pave the driveway to its full-required width of 24 to 30-feet and to a point 30-feet beyond the edge of pavement of Pine Avenue with 15-foot radii pavement tapers abutting the existing roadway edge. 1.20 If during construction any of the improvements are damaged the applicant is required to replace any damaged curb, gutter, and/or sidewalk on Pine Avenue to match existing improvements. Segments to be replaced shall be detel111ined by ACHD Construction Services staff. 1.21 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. 1.22 Meet District drainage requirements per section 8000 of the ACHD Development Policy Manual. 1.23 Ifutility relocation is necessary to construct improvements required with this development, then all utility relocation costs associated with improving street FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-01-036) 15 frontages abutting the site shall be borne by the developer. 1.24 Any existing irrigation facilities shall be relocated outside of the right-of-way. 1.25 Other than the access point specifically approved with this application, direct lot or parcel access to Pine Avenue is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. 1.26 All recommendations which apply to the Preliminary and Final Plat also apply to the Conditional Use Permit. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: 1.27 The District does not allow trees planted within the District's easement that courses along the south boundary ofthe above-mentioned proposed subdivision. 1.28 All laterals and waste ways shall be protected and all municipal surface drainage shall be retained on site. If any drainage leaves the site, the District shall review the drainage plans. The developer shall comply with Idaho Code 31-3805; it is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. Adopt the Recommendations of the Sanitary Service as follows: 1.29 The enclosure locations do not permit direct drive-on abi lity, and this shall require small containers, 2 each, to be serviced three times per week. Sanitary Services does note that large containers would reduce costs and provide more capacity and less service frequency. Adopt the Recommendations of the Meridian Police Department as follows: 1.30 Any future development, especially of a higher density type, will have fUliher impact on traffic study issues given there are no improvements slated before 2005, according to the developer's traffic study. Adopt the Recommendations of the Central District Health Department as follows: 1.31 Submit written approval from the appropriate entities, and submittal of plans for approval by the Idaho Department of Health & Welfare, Division of Environmental Quality, the Applicant shall be approved for central sewage and central water. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-01~036) 16 1.32 Run-off shall not create a mosquito breeding problem. 1.33 It is recommended that storm water be pre-treated through a grassy swale prior to discharge to the subsurface to prevent impact to ground water and surface water quality. The engineers and architects involved with the design ofth1s project shall obtain current best management practices for storm water disposal and design a storm water management system that is preventing groundwater and surface water degradation. Manuals that could be used for guidance are: 1. State of Idaho CataLog of Storm water Best Management Practices For Idaho Cities and Counties. Prepared by the Idaho Division of Environmental Quality, July 1997. 2. Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, May 2000. Additionally, from the staff comment after the City Council meeting held on December 18, 2001, pertaining to 12.10 on page 5 and 1,10 on page] 4, and addressing the issues within that particular staff comment, and the applicant shall comply as a requirement, and those two sections shall be revised and shall now read as follows: ] .34 "Ordinance 11-13-5.B. requires a minimum of two (2) parking stalls per dwelling unit for multi-family residential uses. The senior apartment complex use is, under the CUP process, granted a reduction ofthis requirement to allow 1.5 stalls per unit. The proposed 111 parking stalls are deemed sufficient to meet the needs of the 52 one bedroom units and 20 two bedroom units, which are shown on the Site Plan. " 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 shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. That the City Attorney draft an Order Granting Conditional Use Permit 111 accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERlVlIT (CUP-Ol-036) 17 copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. NOTICE OF FINAL ACTION Please take notice that this is a final action ofthe governing body ofthe City of Meridian, pursuant to Idaho Code ~ 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the ! EJ-fJ.- day of ~ h1A-~tI- ,2002. ROLL CALL: COUNCIL WOMAN McCANDLESS VOTED$e<- VOTED~ VOTED~CL- VOTED $ a...-- COUNCILMAN BIRD COUNCIL WOMAN deWEERD COUNCILMAN NARY - MA YOR ROBERT D. CORRIE (TIE BREAKER) VOTED DATED: !-/5=-OZ, MOTION: r I APPROVED: I DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERlVIIT (CUP-OI-036) 18 Copy served upon Applicant, Planning and Zoning Department, Public Works Depariment and the City Attorney. BY~~~P~;> 9~ City Clerk Dated: \\\\\\1 l! "Uftl \11 C !1/1;-- //1, ,-'\\..J 0, jlik:.t';'o,fJ" 111/ ~ It ~ 0 ~~ / ", '>.' ~.............. ~/.4 '/..... ;:- () ,cpf,POR/f h-"""" '''I? <.;. ::; ~ <6 -;. - ~ / c ~- ..1~ IJ Z-~ SEAll ~ - Y..:::, & ~ s - 0(.1 ....OJ 0 .:::.- ~ "0 '&r 1"'1 . ^.$ '/ ~ oJ ." "- -;..... a A"f- ", ,1,1/ 0' ,',-,....1 \v ",...... /11' t..<'~' ~ 1 I \\. '1/ . .\~\\ ~ i-.." _; , ~~ \ \ Z:\Work\M\Mcridian\Mcridian I 5360M\Trmnorc Sub PFPO 1-006 CUPO I-OJ6\FfClsCUPO 1-036uscrhisoncO] II02.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERlVlIT (CUP-OI-036) 19 (I IWUc:tt U. l.>>me ./~' , 'ClTY COUl'-iCIt ~lE\mER.S . , ,~on ~\ndetSQn . Mith Eird T=ny ~\.";'eerd Cherie "\'lcC=odless CITY Op"11BRIDlAN 33 EAST IDAHO lv1E.RIDr.Al'\J~ ID.AHO 836-+2. (::08) 388-4433 . F.-\..~ (J:l8) 8/li~ tJ . City Qed: Office. FlIX 0(3) 888-/.':'18 - -..-... ... .._.......-.-. i. r-o~ .::~..::41)<) . Fa.:: ';:slI-:.5m . " PUBLIC\'ro1U\S BL "II.DrN'C DEP.\RThCENT r-OB) 88'i-:::m. F:cr BSi.1::9i . . PL-\NN1NG .0\.]\1"'0 ZON!NG DEP.'i.R.ThCENT . P)8) 38-!.-S5.l3 . F .-t.\: 888-6854 '. .' . ' .. MElYfORANDUM:: October 3.1J 2001 To: Mayor, City Council and Planning & Zoplng Commission Iirad Hawkins-Clark, Planner ~\:\C ~ Bruce F~eck1eton, Senior Engineering Tech ~ . RECENED NOY 0 I 2001, From: Re: City Of"rl.,f- 'di T S d'" & S . C ' l'r~n an ramore ub lYlS.lo.n ,enlQr ommull1ty City Clerk Office ~ Request for Conditional Us.e Permit .for a 72-Unit, Three-Story Apartment Complex on 4.30. acres. in an L-O Zone by'Thomas. Development Co. (File CUP-OI-036), . ~ Request for Preliminary./Final Plat of2 B.uilding Lots. on 1 Q. 00 acres. in a L-Q Zone ~y Thomas. Development Co., (File.PFP-QI-0Q6). We have reviewed this. sub.mittal and uffer the 'follo:wing cumments, a~ co.nditions of the applicant. These conditions shall.be considered in full, unless expressly modified. or deleted, by motion of the Meridian City Council: AYPLICA nONS SUMMARY The appIlcant, Thomas 'peveIopment C(\l11t'!11l}', Tn': ~1l;F~;.,:J:..H "" -":UrltlltlOnal Use Permit (CUP)' ;-n.d P: dL,.~j~<W.ji'J.:inaL l:i1m.: approval of a 1 Q.-acre parcel of land, located on West Pine Avenue, The applicant's Preliminary/Final Plat request, if approveq, will. split the existing lO-acre parcel . into two (2) building lots; including one flag lot The'lots are separated by the N'me Mile Drain and its associated 1 DO-foot wide easement. The plat is technic!1l1y a resubdivision of portions of . two existing ~ots in the West Lawn Subdivision. ?]le' Ctr.P' proposes to conStruct ,one (1), three. story, 72-unit senior apartment complex: .on' the north"lot with Pine Avenue frontage. No use is proposed at this time for !helot south of the Nme"Mi1e Drain. The subject property is c;urrently' zoned Limited Office (L~O) and no rezone is proposed. The Applicant voluntarily held a, neighborhood meetirig with surrounding property owners earlier this year and conducted a traffic study on the' impact of the development. '\Vh.ile Sta:ff is r~commending approval of both . applications, we are r~cammending the Commission delay a final decision until the Applicant , resolves the driveway location with ACED (see Recommendations below), . . '. . " NOTE~' There were two (2) different detailed plans submItted in the meeting packets fq!_the ~~_.__ " senior apartmerrts lot., One was labeled 'Trar!!g!..e...4p--attnientsSite':'P.lan.J.Landaarecrr~[l:oa and "__. the .Qther-liated-7--1-3-01~.Thc-CUP comments below address the 7-1$-01 plan. Please disregard .._-~ the 1-11-00 plan.' , .. " . '.. LOCATION The ,subject parcel of land is located on .the south si,de or W: Pine Avenue. approximately 950 feet east of Linder Road, The property ~s east of an~ adjacent to the Sunbridge Rehabilitation and ClJP-lII.QJ5, Pl'P -01.005 " . t: ~ {.~tJlf J ~Q , ';;-10hd b;f E 11 I 0+ I . T_ Subdiviliall ',' .'~I - '----'':;' ~ ......vu....5 ,",UIUUU;),)lUW LVlaYUL 0:.. I..-uy \...ounc.l!. October 31, 2001 Page 2 Living Center and i& bisected by the Nine Mlle Creek. 'The property is designated as '~xisting Urban" in the Comprehensive' Plan. " . . , SURROUNDING PROPERTIES. . North: Six (6) single family residentiaJ homes in the Navarro Place Subdivision., zOI).ed R-4. South: U1)iOFl Pacific Railroad immediately sout4 ?fid a 24-acre, vacant parcel" south of the railroad, zoned RUT. . .' East: A 7.S-acre. vacant parcel, owned by Fiscal Funding, Inc. (a SanFrancisco, CA firm), . m~W. . West: . Sunbridge Rehab.Living Center, zoned L~O. CURRENT O'WNERS OF RECORD .' VlTestern Slgr Development,. Inc., represented by Stephen R...L~le, is the current property OVlD.er of proposed Lot 2, and Sunnyridge Associates, represented by. Robert R. Angell, .is the property owner of proposed Lot 1. Both owners have submitted consent for the subject applications. . , .. PRELIMINARY PLA T FINDINGS AND'REOUIRE:MENTS Sections 12-~-3 J.2. and 12-3-5 D read as follows: "In determining the acceptance of a p~op'osed subdivision, the Commission/Council shall consider the objectives of this title and at least. the. following: ' a. The conformance of the subdivision with ~e Coinprehensive Developme~t ~~an; Staff finds the 'propos~d ~re1iminary!Final Plat to be in conformanc~ ;;<,rii'h 1,11:, r.f)mT",(':hp,11S1~"(>; 111;1:;, b. The availability ofpp.blic services to accommodate the proposed development; , . . . , '+ Staff' finds that public services are readily available -to the lots within 'the' proposed subdivision, provided qbaQges as may be .required by. the Public Works and Building Departments are made. . ... . , . " . I Co The con~nuitr of: the pro'p,osed deve~opment with the, capital improvement progra,.w; . . '>' Staff finds that the' Subdivision is in acc:o~dance' with th~ current. capital improvement program. . d. The public fmancia.1 capa.bility of supporting: sernces for the proposed. . . .' d.evelqpJ!l~p.t;__~":'_.__._~------ ._-.~"---------_._~~--+-+--.' . , Staff finds that the development will not require public 'exp~ndittlres for supp~Iting services.in ~xcess of acceptable. standard levels. --------_....-~_..- .' .. '" 1 CUP-llI..$6, PPP -lll-llOE Ex h / b"i fljt)r If 'ct of ''1'' T_Sub.iMsI<>n :/1. _ .. ~ _.... ...-..+ _ ~.,. _\J'I..o' L ;: Page 3 .' ' . e. . The other health., safety or environIr1ent.~~ ,p.r.Qblems .thatm~y be broug~t to the Commission's ~ttentiol1. " . . . . Staff finds that' there are not ~y. other... health,. safety o~. environmentai.; problems' . associated with this subdivision that should be .broughtto the. Council or Commission's. attention b~yond any raised by the Health D.epartrn~nt, MvllD or other public agencies. The Nine lvIile Drain is a significant natura~ feature that .shpuld be protected through standard stormwater and run-off management practices. We ha.ve. reviewed this submittal and offer the .fonowing comments, as conditions of the' application. These conditions shall be considered in full, unless expressly modified or deleted' by motion of the IvIeridian City Council: . ' . PRELIMINAR YIFINAL PLAT - SITE SPECIFIC COMlv.fENTS Landscaping & Fencing' . , 1. The Landscape Plan submitted with the PreliminarylFinal Plat application(Sheet ill. I, dated 7/12/01) is not approved.. The following modifications and/or new information needs to be submitted: , a) The submitt~d plan only includes Lot; Block 1 (north lot). While LQ't 2 is not proposed to be developed at this time. subdivision perimeter lan.dscaping is required by'Ordinance 12~12-7.3. Applicant must submit a revised landscape plan showing perimeter landscaping adjacent to the UP~ right~of-way. Ordinance 12.712-9.9 requires a minimum 5-foot wide landscape buffer with one (1) tree planted per thirty-five (35) lineal feet. . b) The submitted plan include.;; fiv~ (5) r,rrnif(',rs in ilh~ :rjil(~ /i.""tLl\J.8 :.Mt;r,;t buiJ.er~ aU ot which wl~l have to be replaced with'a decidu~us varietY. to comply wi~ ,Ordinance 12-12-4.2. Revise plan accordingly, .' c) Ordinance 12-12-8.2 requires a minimum 'five-foot wide perimeter landscape strip 'along all lot lines that are adjacent to .vehicular use areas. Applicant must submit a ' revised plan showing a perimeter landscape strip, planted with one (1) tree per thirty- five (35) lineal feet, along the west boundary of the entry drive. from Pine:Avenue SOl..rth to the norJJ. ~ment line of the Wme 1ville Drain. Upon development of Lot 2, .. ,Block 1, the 5-foot. wide perimeter landscape strip must extend the full depth of said lot' or.other land~c'ap~ng as may be required at: the uIlie of development. . , . d) The prop9sed landscaping be'!;Ween the south end .of the parking lot and the north Nine 1Yfilt:\ Drain easement lies within the future 20~foot 'Wide City of Meridian ' sallitary sewer eal;lement. Applicant must sub.mit a revised plan that does not show any trees within 'this 20-foot easement. . Shrubs .and ground covers are p~rmitted' outside the area of the access road. '. . ____....-.-Eli1:een-p5j-copie~:.ofihtrTevis~d..lanascape.~1~1iaIfb;;;~bnilit~d-;~-'ili~-pi~g and . .u,_.__ Zoning"Department,stafffor a review of completeness prior to the P&Z Commission hearing.. 2. Per Or~ancc 1~ 12-13, the- Pine ~A.L~{enue laBdsCiape bu::Efer must be ~lacod Vl-i.thin a csmmDR" ol.et. The proposed buffer width. meets the minimum 20 feet, but the. plat does not sh9w it'. ClJP.ot..o36, l'l'I'-llI..oa6 t~SllMMd"" EJJt;b/'l I'll II 30P <; /7- October 3 t; 2001 Page 4 . , corner of the apartment building will .not meet, minimum .front build' 0' ~ If: a landscape common lot is' added. The Applicant must submit . . . ceapplication .at least 20 days prior to the City Council hew ' ow the front building setback. to be calculated from the'right-of- 1 a cqmmori Jot is added) or to allow the Pine Avenue:' landscape b . 'p aced within a landscape easement. Since the lapdscape frontage is', . .:::. . 3. No fencing is proposed as .part of the appiication.' If the Applicant intends to install ~y permanent fencing within the subdivision, fencing details must be submitted at least '10 days prior to the City Council hearing. Details shan include height; constructioIl materials and exact location( s). If no permanent fencing is provided,' temporary. construction fencing to co~tain debris must be installed around tb,e perimeter of the building lot prior to the'issuance of a building permit .' N 4. Per Ordinance 12-12-10, any existing trees within the subdivision that are 4" caliper or ~:: greater that are .removed .:from the propertyshaIl be replaced by installing additional trees. ' being the equivalent number of caliper inches of trees that were rerp.overl. ~ , ' I 5. All required landscaping and fencing (should the Commission or Council require it) shall be ....... installed prior to the issuance of a Certificate of Occup~cy for any building on either lot in :-:.' the ~bdivision. A letter of credit or cash. in the amount of 110% will be required far these \I. improvements prior to the City's signature on the FinalPlat. ~ J .. Traffic IV eliicula.r . . -~, 6 Th P t" "1..1' 1 l' . 1 I" . ,. , " . " . .e .' re tmmary r cd: !)n~<: 11"t ~"10,'r ,'r:;:;1, sr;~:c C,: 5;':;':.\'/,;.';: :.lLOlo);. Cd.l~;;i" :WJt 01: Ut~ Hag u' portion of Lot 2 (entry drive). North of the Nine:Mile Drain north easement lliie in Lo~ 2. the' . Applicant shall revise the Preliminary Plat to ',include euffi. guttar ane. landscaping on the if . west side of the lot and curb, gutter and sidewalk on, the east side of the lot~' This will ~ accommodate both vehicular and pedestrian ca~ection 'acr.bss the drain in the. future. . ~ ,. \J 7. -NHetail.s were indUded--m-~~t*i:eatiGIH~~g-pr~~brit!~he-Nme-:&. . .~me Draffi.. }.:B.y future tlse or Lot ~~~~at-tll'"On-this l:l.C(';c~.::ll (~wssing;-both-fer ~ v-&~~-e-Pine-a:ntk.g-acco;ll'1mGd!t~.eF-Ime--effieIiSiGn~e-bI~clge-er-BSSmg, C. 'be$-IWrth-ami-s6ttth-too$1*>i.Q.t-S;-WiH-f-a:H-entire1y-wimm:::1ila~~f.LGt~e-fl.a.g.. ..Jet). 1'ypicaJl,;-sl:l~a bridges, if ~l:l.g.Iicl~wnee~e-Ge.astFl;!,r;teEi-er-ben4etHBr ~ ACtID' 5 Trost Fl:md 1tS""a.-eeMitien-ef a Finnl Plat:-tI-ewever-;-if-th~...fs-aW'ewee.. ~ ~..a private driT/e Mld a private booge. .A..CHD willlJ.ot receive er hold such bonding. IftJl.e City made t~iJ.l;;~ a condition or (be p1at~ OrdL.-:tanse lQ-S,,;3 dD~:t;...guthority to the ~.e aDO oold :fina.ncia.l guarantee(foc pnmlte lmptQVements. Staff rceemmfmd.s-.. ...th~ Appli.cam..make a written commitment-tothei City as to when-~ge-WiR-be.. oeastructea and the gO:ls:a1 t~--Qt::which property owneT:(s) wi~~ Lv [wId the 'bridge cl;lnsEffietien:;-ffi-a-el4it.iQ.t:l-tQ lnchlli;p.g...th.e A PI') i ca.nt's c'otQ..ry1itment M a coodltion.-of the Fil1cd-~ ~ cDndition of the Final Plat shall be that a vehicular bridge must be constructed prior to'the issuance of a building permit for Lot.2. Block 1. ' CIJllolll.{l)6. Pl'P -lll..oo& Tlll:l1101. GlIil<lM>ian J-::. L ' L' .....!.- It L1 ,r L.j #9 C;P/.r /c.i41/ n b . -;1/" . / . ./' .' ,:",/. " , .~-'.' /f. . ~'.. ....____.._.._ __--J.....L ~ '-LI...J ,-"VU1H...LL October 3 t. 200 t Page 5 . , 8. Due to the potential westward eh'tensions of \V; ..rdaho Ave. and W. Broadway Ave.; which .' currently stub to.the west property line of Tremont Subdivision approidmf!.!ely 600 feet to the east of subject property, Staff recommends a vehicular access point be preserved along the N east property line of Lot 2, Block 1. Staif'd~es' not foresee a" public street.dedication within ~. Tramore Subdivisioll;. but we are. recommending ,the' layouUdesign of Tramore"1 . ~ . N account the possibil~ty of accessing a new, fu~re. pub~ic s~reet adjacent to. it oundary. ~ (piease refer to the attached conceptual ?rawmg.) This wlII allo mgress/egress points ....... for Lot 2 rather than a single access to Pine Avenu'. roving overall connectivity and ~ emergency accessibility. Staifrecommend n !tion 'of the Tramor~ Subdivision Final Plat be thai: Lot 2, Block 1 shall. e a minfmum 25-foot wide vehicular access drive at a _ point on its east r ne, south of the Nine Iville Drain easement, fora second, future .~ access t c street I:( W. Broadway Ave, .is not extended in the future. said condition ; . .. ~ 'frov/Je eJ11e:/'''J<ZrTGYa.c,c.e.ss AS qt~l'~tle.d U by ~ Fir-e. .D'-yM.r+..ryerr? . 9. All parking shall be retained on-site for all buildings and businesses within the subdivision. ~ . All parking and areas of circulation on the two lots'. shall be pave~ .striped" and meet G minImum dimen~ion requirements and number of stalls as'per City Ordinance. Handicapped parking must meet the standards of the Americans with Disabilities Act. & q,... "'"\ \I u t.. :. 10. Sanitary sewer and water service to this subdivision.'will be via .existing gravity sewer and' ~ water mains located in adjacent developments. Applicant .will be responsible to construct mains to and through this proposed development. Subdivision' designer to coordinate main sizing ana ro.utinp.;with the 'Pul}1j~ V10ik'O DCP;,clT;1;:;i!. Public Wodes 11. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City -Engineer-(Ord. 557; 1 O~1~91) for all off~street pa.rk:iI1g areas. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication., "Catalog .of $torm Water Best Management Practices for Idaho Cities and Counties" and City ,of Meridian standards and policies. Off- site disposal into a surface water is prohibited unless the j~diction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible fQF :filing all ,necessary' applications, with. the Idaho Department of .W ater R~sources regarding Shallow Inj ection Wells on the Firial Plat. 12. Assessment fees fo~ water and sewer seryice are determined during th~.building plan review ~~ . 13 ~ Gniphic~y depict the 20-foot wide sani'ta!Y sewer~~~~m.,e.ntJn-favor-ef-the"Gity-ofMeridian'----'''~'---- .__~._._.~_.~--a1ong-thersouth:ertf15otindary-o{Lot'f.-Block 1. Applicant shall be responsible to construct an . . (8") eight~inch diatI1eter sewer main within said easement to the east boundary line. A minimum 20~foot wide access road shall also be required over 'said s~v.rer main. 'Lof P-..o...f"trL' . 14. With the exception oftBle Nine lYille Drain;, all existing irrigation/drainage ditches crossing . the property to be i:o.cluded in this project, shall be tiled per City Ordinance 124.13.A: Plans X L I r' .' ..: LOT OT . . CUl'.o l-QJo. PEP~I.oaD Tr>m= SUbJlM<IOl'l . E)C;1u~hr~f '&/f II 5o-P9' . /" . .. ."CO" , ~~;~... . m:.';; I -~ ~' Page 6 will need to be approved by the appropriate irrigat~onJdrainage district,' Of lateral users associati9n, with. 'Written corrfrrrnation of said approval submitted ..t\? the Public Works Department.. .' 15. Please add or revise the following Final Plat Note(s): (1.) ...applicable zoning and subdivision regulations... (2.) '.' building permit. us established specifically f0r 'the R 1 C zone . (3.) DELETE. ' . (5.) .. ., as shavm hereon. unless dimensionetj otherwise. (6.) DELETE . (8.) DELETE' (9.) DELETE (10.) ".Idaho Code. or its provisions that apply to irrigation rights. (11.) DELETE . . . (12.) DELETE (14.) A twenty .(10) foot wide permanent sanitary sewer easement in favor of the City of Meridian is located along the southern boundary of Lot 1. Block 1. (15.) A one-hurrdredfoot(lOO'} wide existing Nampa Meridian Irrigation District easement is lor;a!ed along the Nme Mile Drain as shown. .:. . . (16.) The ownfff of each lot, across which passes an irrigatioiv'drainage ditclJ or pipe, is responsible for the maintenance thereof: 'unless such respo'fJsibiltty is asspmea by an irrigation/drainage district : . '. (17.) The bottom elevation ofstructuralfoottngs,shall.be set a minimum of 12-inche~' above the highe~ ~~b?i~h~d rzonna/ 'ground 1!'ater elevation . .' (18.) As depicted on FIRM Panel nI, p/HLuf7s of/his: subdivision lie within the 100 {Yw!'i(){J Y;U iji'f)odp!a in.. 16. Change the descrlptionofthe e~ement symbof in the...pIat leg~nd to read ''Pul;llic Utilities, Drainage, and Iriigation Easement" . . .... , .': 17. Revise the owner's names 41 the Certific:;ite of Owners. ~ p~LrMJNARYIF1NAL PLAT - STANDARD. REO~S 1. Any existing .domesti~'weIIs and/or septic systems 'within this project will have to be removed from their domestic service per City Ordinance ..section 5~ 7-517. Wells may be. used for lloll-domt?S#c pu.rposes suCh as l~dscap~ .irri~tion. .":" .' 2. Please submit a ~opy of the Ada County Street 'Name Co~ttee's final approval l~tter~-_e..~-. . for the subdivision name2 lot and block DUmb~ring.:.-Make.-any--correctionsneces;ary to conform. A.ssessrq~p.t.fees~-fqr-water-anrr-:-~er service' will be determined during the . _._._..__..___~_._--'.- --buildirrgp1anrevie~ process. . S. Coordinate fire hydraIrt placem~nt with the City, of Meridian'Pub.lic Works Department. . . . 4. . Exequte the Certulcate of Own.e.tS. ana its accompan:ymg A.cknowledgem.ent. CUP.(Il.oJ6, Fl'l' .ololl06 T=_ s\Ihdil.-i:1an j~ l.. "h ~I I~ f1 'l~ . t.. .A- 00 tf')Vr~!. fT n /I i UCrDOer ~ !. :tOU 1 . Page 7 . 5. Two~hundred-fifty 1Vatt, high-pressure sodium streetlights will be required at locations designated by the Public ~rodts Department ..oJl streetlights shall be installed at subdivider's ~xpense. . . 6. Underground year..:round pressurized irrigation must be provided to all landscape areas on., site. Please submit hook-up and design details based on t.he proposed landscaping. Due to the size of landscaped area. primary water supp iy connection to the City's mains will not be allowed. Applicant shall be required to utilize any existing surlace Of weU water ~ for the primary source. If City water is proposed as a secondary source, developer shall. \',J be responsible to pay water assessment~' for the entire common open area. ~ 7. , Please address, in written form, all above-mentioned items and submit to th~ City Clerk1s ~ office by 12:00 P.M. of the Friday prior to the sc~eduled meeting of the Pl~ng & 1 Zoning Commission.. Prior to development plan approval, three copies of the revised plat - must be: reviewed by the Public Works Department for compliance with all conditions or plat approval . PreliminarylFinal Plat Recommendation Staff recommends approvB1 of the Preliminary/Final Plat application with the above-mentioned' conditions. > " " . . '.' . boundary be relocated to the east. This YVill impact the entire confiQ11 e CUP Site Plan as well as force are-design of the ~ewer. Staffr e', Commiss.ion withhold any final approval. until this issue'is re . een the Applicant and ACED and the City rec~ive!l:l Prelim' . 'utility plans) ann CUP. Sit0 "PJ:FJ. 1h;~t ',.""\.l.i).piLC~i~yith ACl{IY','),dri~eway CONDITIONAL USE PER1m' - STANn~ REOtJIRE1v.1ENTS 1. Off-st:reet parking.shall be 'provided in accordance:wipnhe City oflvferidian Zoning ,and Development Ordinance and/or as detailed in site-specific requirements. 2. Paving and striping shall be in accordance 'With the. standards set forth in the City of Meridian Zoning and Development Ordinance and in accordance 'With Americans with Disabilities Act (ADA) requirements. 3. . , A drainage plan designed by a'State of Idaho licensed architect or engineer is required' and sball De suhmitte~ to the City Engin~erfor .an off-Street parking areas.. All site drainage shall be' contained and disposed of on~site. 4. Outside Jighting_sball.-be--desigiIed'-a:od-'placea so" aSnotto dk;ctiiiumination on any ..~ ''''''-nearby-residential areas or the traveling public in acc~rdance with 'City Ordinance. 5. All signageshalI be'in' accordance with the 'standards' set forth in Ordinance 11-14 or as specifically. approved.: No temporary signage, tIag~.. .banners or flashing signs will be permitted. c::t1P.o1.1n6. Pl'P ..{Jl-006 r""""", Sub<livil!DIl. Exi1,:6/f /&;q'p/- ': ,7/1./2 q -- . . \.I .~ J ~- ~~ \)' ~" "l-. ,..~ .Iij ~. ~. ......----....--- '/" .;.......... .'~. . ... , r ...+ '.;, -, .. < .. t:- ~:'" . . ~. '. " . - -:---":=t _. of-.......u,::,..,. .UU~l:),:)~UUl,J.YJ.i:tyUl ~ L.1l:Y l-OUnCH . " October 3 1, 2001 ". . Page 8 , , , ' 6. Provide five-foot .wide pedestrian wall..'"Ways'in accordance with City Ordinanct?. 7.' Screen trash areas on at least three (3) sides: Coo~dinate scr~ened trash enclosure locations and construction requirements' with. Sanitary Service Company and provide a letter of approval, from their office prior to applying for building permits. . . 8. Per Ordinance 11-17-4.B., a conditional use permit, when granted, shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the City Council. During this time, the permit holder must acquire building pennits and, commence the construction of permanent footfu.gs or structures. Time extensions are allowed per the . ordtruance. . . CONDITIONAL USE PERlvITT - SITE SPECIFIC REOUIREMENTS 1. Handicap parkirig,' associated signage and building' construction shall meet the' requirements of the Americans with Disabilities Act (ADA) and the Fair Housing Act ' " .. (FHA.). By the architect or engineer~ s stamp on plans, they must certify that all construction meets ADA and FHA Standards. It appears at least on~ (1) additional handicap parking stall is required to meet ADAJFFIA.. minimum standards_ 2. Ordinance IlwI3w5.B. requires a minimum of two' (2) parking stalls per dwelling Unit for . multi-family residential uses. This would require a minimum. of 144 on-site parking . stalls; only 111 st~s are provided (33 stall deficit). Approximately 15 stalls per. unit are provided. SeniorapFlrtment romrlex units ~~~~ pd' 'T(:cifk:ln~f 3,UtC:;,"Ld, :!.l. i.he UJ.dHF;L1.i.C\i d.!iJ l1liiY pc considered a less inteusive use than standard multi-faniily units. Tramore is proposed to have 52 one bedroom units and 20 mo' bedroDm units. As SUC~ there may be justification to allow a reduction under this . CUP process. The Applicant should address' anticipated parking needs. as part of the written. r~sponse' to this memo and the Commission/Council may allow a reduction if 111 stalls' are deemed sUfficient: .Allowance for visitor spaces shoul.d be taken into consider~tion. 3. As ;i condition of the CUP, Staff recommends a. minimum 5-Joot wide pathway be constructed along the ~outhern b0undary of the subject lot, extending from the eastern property line to merge with the required sidewalk along' the east boundary of the entry drive. The pathway will provide an etiension of the pathway already constructeq approximately 580 feet east in the Tremont Place Subdivision. The pathway may be constructed either within' the Nine Mile Drain easement or o$ide but shall be in general . alignment with the T~emontpathway. ; , , '" . . . ~'4____-"''''''''._..---'.._'-'-- _ _,_.___...__n.~A.~.----N ~--sidew~.Ik-is-'CtUTentIy ~showtf acija.cent tomemain entry drive along the west side' of. " the parking lot. The Site Plan should be' revised to reflect" the 'PreliminarylFinal Plat" , . reqUirement for either an attached or detached '5~foot wide .sidewallc along the east.' boundary ofLot.2' s flag portion. 5. Staff recommends. a furore, 25-foot wide vehicular. access 'point be" preservt;:d at the CtJP.-lll.Q39. PI'P -ll1-llllS Tl1'lI>OIti subdillidllJl '. : . r:-~ L/~LfU tr,fl t( (7. "'/1 ..q. ',. C jA...f) D I" I' J . ociif 'j .,' , .. . : .': .: ..," ~ : .." ' .:.:: ' ~ ,'. .; PQs~ible ~iiqhe: fu~r~" 'StB.ff:re'comrn:en4s!:a'.:,:Ciorid~tion',.9( ~~ . CuP :fOL :r.,ott;5B, (0'ok'):::J:i'ci~~;:~7:;!:;\; .~~;':,,:' :o;:',':,:":,'~:'.::,:.:..':"";",'~:.,~,~,:.'.~'",:,:: .". 6. . " Tb,be"nok~frw~~::.p?:~er of ~e ap~~.~~:::6.#.1~?fu:g!:'!'s'! ~urreritly s119~,~at'c,t 2q~.fq9(?~iiq~g:"~~:~{;;~~~::~i;.i;;i ..' .' '.. . ". 's~t ~q., am' ; ~e OilOrth. property line:':-~r~q:t~n,~,e:::'l! ~~~ ,1: r:eql4r~s~o-:~ ,}O{99!' #:o:~t.:Y?f4" ':; -"; ....::.:..< . . :s~tback on C6I1/;lctor streets in "the L-OzOne;;;,The\Site.Plan must:be:revised.to meefthe..:....~.:;'.~:...:. 'rp~~~. 307fo~t &etback distance. If::~pp~ar~.)Heie." is' .at le8:St.' '~1 0 . :additi9~a(.,f~~t.o( ".:;' ; ',;:. '. '. buiJdaple land' at the sotitP. end.ofLotJ~~~}~~:,~eq~irelUe~~ s~ould n~t ..reci~~';~;;Y~ance. '::~":"':'.>' . ,... .'.':.. .... .::y.,.,.): ,,'J..', :.'::. " ...... :.':. ..,.:::::.;;......:.. .:: ~... .7. . rh~ Site ~~ap~PfPppse~ a 20-f~~t Wide.~~e~(i~cf16~acc~s~ pp~t wiWn th~:':5q~~09}\~;irle' :.....:...... . Cf\.)ss. access easement (hatc~ed},.. Or~pe~11-13.-4..F;...requ4'~s' a.' rti.i.r~ilil.llm 2S-fo9t wide ':.: .:,:.::: ' i:.:;i".'.~' :.'. . d~v~way wid~ :ru:.vi$e Site"Plan to ~?~I)~Y:i\~::.:.... .::.~::.':..:'. .:.: :' .' : :'.':' ...:.... .: .' ::....: ".~ ..' '.': .1'J". .' ' ;. ::1>',. .. ',:.;", '::., ....;..:......: " .:}:;.ti:';',' .:!~.,:,:.:: '.,(",..:..,./> .','.; '~<~~~'h.~-;'..(:>.:,. :.';;;.",':-i':"'::{'<.. ,,,:;:.::.,,'(},::;,, ;';. .. :~~~~~~:i:~~:t~q=~:~::~:e~:~~~t~~~~;:t~,~,~?:~, ~:,~,'. "':.:.~:. ..... . " ......,..>.~ ..:., '. .:::<'" .: "';':';:/}/\.'<::'}:;:{:.:.':,':-:,.,.:;::",' . :...... :.;...>....;:.:,::~,>..:.....:..h.;. :<l"/~'. ...... . ..9..... 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':;.. .. :"~.:J}:,..,.,...;;'.:-..".:._. :.:- ...... , '.' ..: ..",':;."......; . '. "\:'.. '. . '-. :........:..'.,:.':</i,.;._'.....:-:;.;;......-,..:..:-'~ .....'. :.~:./:~~C:,::.:<;..:.~.,../::'-:(.~I.:..". ..':.'....: ....:...<,..;:....". '.~..'.:'. ..: ..... .' ': .... ."~'. O'~d~~iD.ci.\~2-..12-8.~..q/::~~qrih-~:1~(~~~~~.. i~~~e~. ,~sI~~ . everY' t},V~tye': (12)~:' \1. ':, ". .~. ~iV :' ," ,; ,',' > .~!!'~ "\'ills/,~ pr9P~M ~if:e'p'#.i8~,,'f~everaJ groQpin~ 'of parlcingstaIJs tIuf:'ikO: til:<:c. ...,..,.,...:,.. . .:.. .:,' . .y~c~ed ~s ~gm ~lf.mber~:fcqnti~~us:.~s. .Th~:Stt~ :Plan (Sheet .l:of 1J ~'~ . ,. /", '.' ........P(~I4illn~ :PlaE) .and' Lanc;!scape.'o;-~Ia.n.<sha.ij, be....J;'evised .to comply. wi~:' this.....,~y: .. ;....;,". . ""'o'rdina"nce":'';'' ,. ,':(>'.:'..;,'" .... , ".:. ....'....;..: '..~'.', .:c.,....': '. '.,,'. ..~, ..... . '." .... " . .'. .,' ....;..:..~."~ ;; :;:'f, .. ...... .> . 'X: i '. . "'\:;,:::'" . .. ..'. CUP Recommendation...: . . . .,.'. .". ". . . . . . ...... ."', '.:~, ,,~". . '. ;~. ';:,,' .... ); :' ': ~; .'. Btm r~80mPi.~~d~;:~PP~p'y;ii:.'of ~e .Cqp'jlpp'I1,9at~o,n;:;10th the.. c~,~ditiQr#:li~t..ed. ,abov~~~ The~ 9-i8;':: .,~ .~. .:.'~) . . ..,.:.:.:., " .::Qq rep6~ :P:"911l Surin,yiiqge ;A,s~ociates~aimozistrates..(clear...~~~t .d~~d..'~p.(:f comp:lUnity' nee(.1... . ..':, ~'."'. '.i.:',; '~~.. .:,..:~~fqr'.~:~~~.9.~~,.w1:Bp'h';:St~'.s.vonglY'.:~PPQrf$~';... .:..'.:: .~,.. ,:.::: . :..~. ;,~. . " . .:~;<,:"..~~. ...~. . ..; ; >..;J', ::. . ...., ;/. ,:- '.' .. . '. '. .:: ;:-"Rr.oposeg".~p;gy' WiY~;~ong::tp.(w~st Qqp.ndary .b~:.~~!.o:~ted.oto':t.4e ,.east: . . ..:. ..: ~" .' . ,. pact the. entire.>' ~i.::~~::':.:.~: *,~~~_..:..:..:~:~c)?zifig-yf~tiqii.~qf:thl;:9T;mi$~ted?1a:n-:~s~WeIJ .a,s~forc:' : :.~' d;'~:',. ~~". ...~. ':ffie's~w~~~'fSt?t.f.;i;e~9.~~.~dS> ;~,; ':::~;, ~:. .' . ::: ~(>.': .. ':'.,' :'. gi.~.~q9plmi~~iq;~9ili~J~~~aI{'<~ '. .'. .' . ,:.. y~~;:~s:'J:{~~~~ '1{~e~o{vedJ)etWe~h;t4e ';4pplican(... . ": ;:.", ,..'.; .: :': .' .w.9AepD". "':... re.'c;eiye'~.a, PreIiiriina.ry"Platlwit1t:.,utility p{~ns.Yap.4 C1J.P:.S#~f.laIJ;that..:;:::.c'..,::':;....: . .:.::....... :.;..,. . . . ....:.... ""':~xh Lb -":'f" ,r,yt:t.:,:Jl- ;.HPj).,~ri.:..:.1C!/d..i.~.;:,..:,~,.~.)',:.:.....;..,;.,.:::,:\,:"!:,~ ~~";"}'i' '. : : '.' '::'" :t.',;:':. (: ,. ", "',,:1 ,,:~~:; ,,~{;::./~{,i?:X;;:~~;,*~;w;,Y5~\~Niii::: i~,;~ BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A PLANNED DEVELOPMENT OF A SENIOR COMMUNITY IN AN L-O ZONE FOR TRAMORE SUBDIVISION, LOCATED SOUTH OF W. PINE A VE. EAST OF N. LINDER ROAD, MERIDIAN, IDAHO THOMAS DEVELOPMENT CO., APPLICANT C/C 12/18/01 Revised 08/19/02 ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. CUP-OI-036 ORDER GRANTING CONDITIONAL USE PERMIT 1. This matter coming before the City Council on the 18th day of December, 2001, 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 a planned development for a senior community in an L-O zone located south of W. Pine Ave. east ofN. Linder Road, Meridian, Idaho, subject to the following conditions of use and development: Adopt the Recommendations of the Planning and Zoning and Engineering Staff as follows: 2.1 Off-street parking shall be provided in accordance with the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific req uirements. ORDER CONDITIONAL USE PERMIT PLANNED DEVELOPMENT BY THOMAS DEVELOPMENT CO. / CUP-OI-036 - 1 2.2 Paving and striping shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 2.3 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 2.4 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas or the traveling public in accordance with City Ordinance. 2.5 All signage shall be in accordance with the standards set forth in Ordinance 11-14 or as specifically approved. No temporary signage, flags, banners or t1ashing signs shall be pe1111itted. 2.6 Provide five-foot wide pedestrian walkways in accordance with City Ordinance. 2.7 Screen trash areas on at least three (3) sides. Coordinate screened trash enclosure locations and construction requirements with Sanitary Service Company and provide a letter of approval from their office prior to applying for building permits. 2.8 Per Ordinance 11-17-4.B., a conditional use permit, when granted, shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the City Council. During this time, the permit holder must acquire building permits and commence the construction of permanent footings or structures. Time extensions are allowed per the ordinance. 2.9 Handicap parking, associated signage and building construction shall meet the requirements of the Americans with Disabilities Act (ADA) and the Fair Housing Act (FHA). By the architect or engineer's stamp on plans, they must certify that all construction meets ADA and FHA Standards. It appears at least one (1) additional handicap parking stall is required to meet ADA/FHA minimum standards. 2.1 0 Ordinance 11-13-5.B. requires a minimum of two (2) parking stalls per dwelling unit for multi-family residential uses. This would require a minimum of 144 on- site parking stalls; only III stalls are provided (33 stall deficit). Approximately 1.5 stalls per unit are provided. Senior apartment complex units are not specifically addressed in the ordinance and may be considered a less intensive use ORDER CONDITIONAL USE PERMIT PLANNED DEVELOPMENT BY THOMAS DEVELOPMENT CO. J CUP-Ol-036 -2 than standard multi-family units. Tramore is proposed to have 52 one bedroom units and 20 two bedroom units. As such, there is justification to allow a reduction under this CUP process. 2.11 As a condition of the CUP, a minimum 5-foot wide pathway shall be constructed along the southem boundary of the subject lot, extending from the eastern property line to merge with the required sidewalk along the east boundary of the entry drive. The pathway shall provide an extension of the pathway already constructed approximately 580 feet east in the Tremont Place Subdivision. The pathway shall be constructed either within the Nine Mile Drain easement or outside but shall be in general alignment with the Tremont pathway. 2.12 No sidewalk is currently shown adjacent to the main entry drive along the west side of the parking lot. The Site Plan shall be revised to reflect the Preliminaly/Final Plat requirement for either an attached or detached 5-foot wide sidewalk along the east boundary of Lot 2's flag portion. 2.13 A future 25-foot wide vehicular access point shall be preserved at the southeast corner of the apartment complex lot for a possible private connection to Idaho Avenue in the future (see attached conceptual drawing). Until such time as Idaho is actually extended, there shall be no need for the Applicant to actually construct a driveway to the eastern boundary. However, should the Idaho Avenue connection be possible in the future, then a condition of the CUP for Lot 1, Block 1 shall be that a vehicular connection shall be made and the parking lot re- designed to accommodate a new driveway from the southeast corner of the lot to the east property line. 2.14 The Site Plan proposes a 20-foot wide street section/access point within the 50- foot wide cross access easement (hatched). Ordinance 11-13-4.F. requires a minimum 25-foot wide driveway width. Revise Site Plan to comply. 2.15 The elevations, color and construction materials for the two, 6-bay storage units in the parking lot shall compliment the design and materials of the apartment building. 2.16 Assessments for sewer and water service are determined during the building permit application process. 2.17 F our modifications to the Preliminary/Final Plat Landscape Plan (Sheet LD.1, dated 7/12/01) are required per Condition #1 under "Preliminary/Final Plat B Site Specific." In addition to those changes for the plat landscaping, the following modifications shall be made to the CUP Site Plan: ORDER CONDITIONAL USE PERMIT PLANNED DEVELOPMENT BY THOMAS DEVELOPMENT CO. I CUP-Ol-036 -3 a. Ordinance 12-12~8.3.C requires an internal planter island every twelve (12) parking stalls. The proposed Site Plan has several groupings of parking stalIs that exceed this maximum number of contiguous stalls. The Site Plan (Sheet 1 of 1, PreliminaIY Plat) and Landscape Plan shall be revised to comply with this ordinance. Adopt the ACHD Recommendations as folIows: 2.18 The applicant shall be required to construct a 7-foot wide attached concrete sidewalk on Pine Avenue 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. 2.19 Pave the driveway to its full-required width of24 to 3D-feet and to a point 3D-feet beyond the edge of pavement of Pine Avenue with 15~foot radii pavement tapers abutting the existing roadway edge. 2.20 If during construction any of the improvements are damaged the applicant is required to replace any damaged curb, gutter, andlor sidewalk on Pine Avenue to match existing improvements. Segments to be replaced shall be determined by ACHD Construction Services staff. 2.21 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. 2.22 Meet District drainage requirements per section 8000 of the ACHD Development Policy Manual. 2.23 I f utility relocation is necessalY to construct improvements required with this development, then all utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 2.24 Any existing irrigation facilities shall be relocated outside of the right-of-way. 2.25 Other than the access point specifically approved with this application, direct lot or parcel access to Pine Avenue is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. 2.26 All recommendations which apply to the Preliminary and Final Plat also apply to the Conditional Use Permit. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: ORDER CONDITIONAL USE PERMIT PLANNED DEVELOPMENT BY THOMAS DEVELOPMENT CO. / CUP-Ol-036 -4 2.27 The District does not allow trees planted within the District's easement that courses along the south boundary of the above-mentioned proposed subdivision. 2.28 All laterals and waste ways shall be protected and all municipal surface drainage shall be retained on site. If any drainage leaves the site, the District shall review the drainage plans. The developer shall comply with Idaho Code 31-3805; it is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. Adopt the Recommendations of the Sanitary Service as follows: 2.29 The enclosure locations do not permit direct drive-on ability, and this shall require small containers, 2 each, to be serviced three times per week. Sanitary Services does note that large containers would reduce costs and provide more capacity and less service frequency. Adopt the Recommendations of the Meridian Police Department as follows: 2.30 Any future development, especially of a higher density type, will have further impact on traffic study issues given there are no improvements slated before 2005, according to the developer's traffic study. Adopt the Recommendations of the Central District Health Department as follows: 2.31 Submit written approval from the appropriate entities, and submittal of plans for approval by the Idaho Department of Health & Welfare, Division of Environmental Quality, the Applicant shall be approved for central sewage and central water. 2.32 Run-off shall not create a mosquito breeding problem. 2.33 It is recommended that storm water be pre-treated through a grassy swale prior to discharge to the subsurface to prevent impact to ground water and surface water quality. The engineers and architects involved with the design of this project shall obtain current best management practices for storm water disposal and design a storm water management system that is preventing groundwater and surface water degradation. Manuals that could be used for guidance are: 1. State of Idaho Catalog of Storm water Best Management Practices For Idaho Cities and Counties. Prepared by the Idaho Division of Environmental Quality, July 1997. ORDER CONDITIONAL USE PERMIT PLANNED DEVELOPMENT BY THOMAS DEVELOPMENT CO. / CUP-OI-036 -5 2. Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, May 2000. Additionally, from the staff comment after the City Council meeting held on December 18, 2001, pertaining to 12.10 on page 5 and 1.10 on page 14, and addressing the issues within that particular staff comment, and the applicant shall comply as a requirement, and those two sections shall be revised and shall now read as follows: 2.34 "Ordinance 11-13-5.B. requires a minimum of two (2) parking stalls per dwelling unit for multi-family residential uses. The senior apartment complex use is, under the CUP process, granted a reduction ofthis requirement to allow 1.5 stalls per unit. The proposed 111 parking stalls are deemed sufficient to meet the needs of the 52 one bedroom units and 20 two bedroom units, which are shown on the Site Plan. " 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 pertnit. 4. Notice to Permit Holder, this conditional use permit is not transferable without complying with the provisions of Meridian City Code S 11-17-8, a copy of which is attached to this permit. By action of the City Council at its regular meeting held on the /t5-1~ day of Oc;k~ ,2002. ~ o rt D. Corrie, Mayor City of Meridian Copy served upon Applicant, the Planning and Zoning Department, Public Work~\J;}epaiJ.lh11~nt d C. A \\\\ Of l\Ii'-" III; an Ity tto~'ney. ~",,~-{ :rr!Dt;:""-,:~~, . t1. ~ d ~;; I ..2 .- ~ CJ cp'i\PO'-"q?; Ii'.... By:0r,(/';& ~........... M I')~:; I / ..~ Dated: C7 -' ;;>.- 0 L- g ~ "'0 '\ City Clerk C - ~ S~AL Z:\Work\M\Mcridian\Mcridian 153GOM\Trmno,'c Sub PFPO I-OOG CUPO ).03G\OrdcrCUPO J .03G.doc ;. 70, &:::: ~ 7: 00. ,\0 0 .::: ~ <:> '&r 181 . '('.2 7,-,. ~ a - ~\" ,,":::- /1111 OUM,"{. \\\" 1IIIf.'", ":,t.,.;\\\\\ 1~~.tlt 'c~~~~ ORDER CONDITIONAL USE PERMIT PLANNED DEVELOPMENT BY THOMAS DEVELOPMENT CO. / CUP-OI-036 f IUlwrt u. t..>roe , //.' 'QTl COUNaL ;-'rE.\IBERS "' . , . ~an ~\ndCt'lon , K,:ith Bird. T=y ~\'Ceero. Cleric: .l,fcC:uJdless CITY OF 11ERID.u\N 33 E.l...ST IDAHO i:vlERIDB1"J, IDl\HO 836-!-2, 908) 388-+fj3. FA..'=~8} SSi".:...:.sU . City Qetk Of:fi\."e Fu (JOB) 888-1-:18 ~ ....-... ...-.....~........... ~ r-08) .:!l!ll-::49<l . f-:u ''::SB-~OL . l't.1BUC \'rolU..:s Bl'ILDING DEP.'\RThI:ENT (.XJ8) 8Bi-:::m. F;Cl; 83i-C9i PLJJ.JN'"fi\iG.:\N1) ZON1NG DEP.o\.RThlTh'T , (.DB) 884-3533 . F.......'t 8&%854 lYIEMORANDUM: . October 3.1,2001 To: Mayor, City Council and Planning & Zoning Commission Brad HawkinswClark; Planner ~\:\e.... ~ Bruce Freckleton, Senior Engineering Tech ~ . RECEIVED NOV 0 f 2001, From: Re: T S b . .. & S . c' City Of Meridian ramore u dlYlS.10n .emor ommnmty City Clerk Office ~ Request for Conditional Use Permit for a 72-Unit, Three-Story Apartment Complex on 4.30. acres, in an LwO Zone by 'Thomas. Development Co.. (File CUP-OI-036). . II! Request for PreliminarylFinal Plat of2 Building Lots. on 1 Q. QQ acres in a L-Q Zone by Thomas. Development Co.. (File. PFP-0'1-0Q6).. We have rev.iewed this. sub.mittal and offer the 'folIo.wing co.mments, as. eo.nditi,ons of the applicant. These conditions shall.be considered in fun, unless expressly modified or deleted. by motion of the Meridian City Council: APPLICA nONS SUM1\1ARY The appllcant) Thomasl;)evelopment Company, Jl!1S "ppFcd [~)f a. COllditional Use Permit (CUP) ?rd Prdlm~llLuj;Final Elar approval of a l0-acre parcel of land, located on West Pine Avenue. The applicant's PreliminarylFinal Plat reques4 if approved, will split the existing lO~acre parcel , into two (2) building lots, including one flag lot: The'lots are separated by the N'me:Mile Drain' and its associated lOO-foot wide easement. The plat is technicsllly a resubdivision ofportioDS of . two existing lots in the West Lawn Subdivision. The' CUP proposes to construct. one (1), tbree~ story) 72-unit senior apartment complex: .on'the north"lot with Pine Avenue frontage. No use is proposed at this time for the lot south of the Nme'Mi1e Drain. The subject property is currently zoned Limited Office (1-0) and no rezone is proposed. The Applicant voluntarily held a neighborhood meetirig with surrounding property owners earlier this year and conducted a traffic study on the impact of the developme~t. While Staff is recommending approval of both applications, we are r~commending the Commission delay a final decision until the Applicant , resolves the driveway locatio~ ~th ACHD (see. Recommendations below). .. NOTE~' There were two (2) different detailed plans submrtteii in the meeting packets fO!.JJ1!L. ...... .~.. . senior apartments lot.. One was labeled uTraJtu~!.e..4patt!rients-SitePJan.'I-andaateal:Tl:(jO and _____..jhJLother~dated-.7M13..0E. The- CUP-'coiiiiiienii below address the 7.13-01 plan. Please disregard _.-_._'--~ the 1-11.00 plan.' . : ..'. LOCA nON The subject parcel of land is located on the south si,de of W: Pine Avenue) approximately 950 feet east of Linder Road. The property is east of an~ adjacent to the Sunbridge Rehabilitation and CIJP-lIl-ll3o. P!'I' -01-006 , . Fl6h,'b ,-f "A 1t / of 9 T_SuhdM1ian // _ ._...-..~ ~ ....v.....;; ,",vluUu..:>lUUI.lY.l.aYUl a:. \...uy l.,..OUnCH. October 3 1, 200 I Page 2 Living Center and i~ bisected by the Nine Mile Creek. The property is designated as "Existing Urban" in the Comprehensive' Plan. . SURROUNDING PROPERTIES North: Six (6) single family residential homes in the Navarro Place Subdivision, zoned R-4.' South: UIfioll Pacific Railroad immediately south, and a 24-acre, vacant parcel south of the railroad, zoned RUT. East: A 7.5~acre, vacant parcel, ovvned by Fiscal Funding, Inc. (a SanFrancisco, CA firm), . zoned L-O, ' West: Sunbridge Rehab ,Living Center, zoned L~O. CURRENTO~RSOFRECORD Western Slgr Development, Inc., represented by Stephen R.LHe, is the current property ovmer of proposed Lot 2, and Sunnyridge Associates, represented by Robert R. Angell, .is the property O'WIler of proposed Lot 1. Both owners have submitted consent for the subject applications. PRELIMlNARY PLAT FINDINGS AND REOUlRENIENTS Sections 12-:?-3 J.2, and 12~3-5 D read as follows: "In determining the acceptance of a p~oposed subdivision, the Commission/Council shall consider the objectives of this title anci at least. the following: " a. The confonnance of the subdivision with the Comprehensive Development Plan; Staff finds the' proposed Preliminary/Final Plat to be in confonnance With tnf. Comprp:np'I1!:iV0 'PT:1p.. . b. The availability ofp~blic services to accommodate the proposed development; , '. Staff finds that public services are readily available'to the lots within' the proposed subdivision, provided changes as may be .requir~d by. the Public Works and Building. Departments are made. ..' '. c. The con~nuity of: the proposed deveI.opment with the. ~pitaI improvement program; , . , Staff finds that the subdivision is in accordance' -..vith the current. capital improvement program. . d. The public financia.l capability of supporting' services for the proposed ______ _ ___ ____.__._____~_~t~to.PJP.~nt;-m----: ----.--- .---...- --------.---...--.-'---:-'-.---.----.--"------~--.---~~- :--'------...- , Staff finds that the development will not require public exp~nditures for suppor-..ing services .in excess of acceptable. standard levels. CUNIH136.1'l'P-ol.oo€ Exh~'hif"A It 'd oP Cj'" T_ SUbdivi.llon ~/I .... ... ~ _ ... -.... -- .. 'I _v.,.., .. Page 3 . , . e. The other he.alth~ safety or environlJlenta~ .p,robl~mstha.t may be brought to the Commission's attention. Staff finds that" there are not any other. health, safety OJ;' environmentaL problems associated with this subdivision that should be brought to the Council or Commission's, attention beyond any raised by the Health Department, NNIID or other public agencies. The N'me Ivfi1e Drain is a significant natura~ feature that should be protected through standard stormwater and run-off management practices. We have reviewed this submittal and offer the .following comments, a.s conditions of the application. These conditions shall be considered in full, unless expressly modified or deleted by motion of the l\'Ieridian City Council: . PRELJMlNARYtFTNAL PLAT - SITE SPECmC C01vIMENTS Landscaping & Fencing . 1. The Landscape Plan submitted with the PreliminarylFinal Plat application (Sheet LD.l. dated 7112/01) is not approved. The following modifications and/or new information needs to be submitted: ' a) The submitted plan only includes Lot; Block 1 (north lot). '\Vhile Lot 2 is not proposed to be developed at this time. subdivision perimeter landscaping is required by Ordinance 12-12-7.3. Applicant must submit a revised landscape plan showing perimeter landscaping adjacent to the UPRR right-of-way. Ordinance 12.":'12-9.9 requires a minimum 5-foot wide landscape buffer with one (1) tree planted per thirty-five (35) lineal feet. b) The submitted plan includes five (5) c0ntfers in 1-hf~ rine; AStD.u.e ;;i.n:.\~t buile~. allot: 'j~llkb. will have to be replaced with' a deciduous variety, to comply with Ordinance 12-12-4.2. Revise plan accordingly, . . - c) Ordinance 12-12-8.2 requires a minimum five-foot wide perimeter landscape strip along a1110t lines that are adjacent to vehicular use areas. Applicant must submit a . revised plan showing a perimeter landscape strip. planted with one (1) tree per thirty- five (35) lineal feet, along the west boundary of the entry drive. from Pine Avenue south to the north easement line of the N me 1ille Drain. Upon development afLot 2. Block I, the 5-foot. wide perimeter landscape strip must extend the full depth of said lot' or other land~c'ap~ng asmiy be required at the tiIlie of development. . , d) The proposed landscaping berween the south end .of the parking lot and the north Nine Mil~ Drain easement lies within the future 20-foot wide City of Meridian ' sanitary sewer easement. Applicant must sub,mit a revised plan that does not show any trees within' this 20-fo'ot easement. Shrubs .and groundcovers are permitted, outside the area of the access road. ~-~.~ ~_.- _.~..- ..~- ~~...-.-- --~.- ,'--'-"--~ -~.__._~ -'"......~.- u..__.,-----.-- Fjfteen-p5)-copie~. -of'ihe--revised"lanOscape--pliii shaU:-be submitted to the Planning and Zoning 'Department. staff for a review of c.ompleteness prior to the P&Z Commission hearing._ 2. Per Ordi~ncc 12~1..Q"7.J. the Pine i....'eD:ue landsGape bU:ff:6l! amGt 9e- f31B.sed vAthin a CSffim9il.. -IDt. The proposed buffer width m.eets the minimum 20 feet, but the plat does not shl?w it.. -~. ---~.- . .- -~-~ ClJF..oloWli, PFP -111..006 'I'mmom .sl1bdivi<l.on b-/l;!J,'!- ''Ii 11 3 of? . /// /;( , October 3 l~ 2001 Page 4 , corner of the apartment building will not meet front buildi 0" s if a landscape common lot is' added. The Applicant mUst submi " ce appIicationat least 20 days prior to the City Council hearina . ow the front building setback to be . calculated from the' right~of- 1 a commori lot is added) or to allow the Pine Avenue' landscape b 'p aced within a landscape easement. Since the landscape frontage is' ~ 3. No fencing is proposed as part of the application. If the Applicant intends to install any permanent fencing within the subdivision, fencing details must be submitted at least 10 days prior to the City COUDcil hearing. Details shall include height, construction materials and exact location( s). If no permanent fencing is provided, temporary. construction fencing to co~tain debris mllst be installed around the perimeter of the building lot prior to the' issuance of a building permit. N 4. Per Ordinance 12-12-10, any existing trees within. the subdivision that are 4" caliper or ~.' greater that are ,removed from the property shall be replaced by installing additional trees. t being the equivalent number of caliper inches of trees that were removed. ~ I . 5. All required landscaping and fencing (should the Commission or Council require it) shall be ........ installed prior to the issuance of a Certificate of OccuPa.D:cy for any building on either lot in :--: . the subdivision. A letter of credit or cash. in the amount of 110% will be required for these ~. improvements prior to the City's signature on the Final Plat. 3 Traffic I Vehicula..r " - . . ~ 6. The Preliminary Plat does not ~hnw ('nrn, g11tto:!" (\1" .s1d(':\?,,1l~ ::lIcLg c.ltL~;: ;;iJl;; of diu iiag u portIOn of Lot 2 (entry drive). North ofthe N"me Mile Drain north easement line in Lot 2, the Applicant shall revise the Preliminary Plat to'.include eurb, gutter aM landscaping on the ~ west side of the lot and curb, gutter and sidewalk on. the east side of the lot. This will ~ accommodate both vehicular and pedestrian connectionacr.bss the drain in the. future. 'b N.-.J,...j.'} . Id'''':-' . .. '..J:_ .. .f:'~1.....t' ..J..~_1..r: ~ 7. .. ~a! S were me y el.H1-l:-Ebe-ap-pH?atIDIl....r-ega.r-t;;t:L:tg....pr~SlD.n"'O:~l;Ifluge-aGroSs-'m~'lme- ~ Mile D:am. }i!I1Y futureilse of Lot 2,.B~~nt-upon-this (J.l,jl..it;::)~!crbssing;-botl:l--fG tJ Vt}~.J)1:I'-aGGeSB-t-e-Pine--anel-t-G-acco.mmGd.ate-a.-&8W-er-liile-tmtensi0n~e-eFidge-er-0ssm.g, ~ .bett1-nerth-and-sotlth-1:~~m~iH-f-a:lt-entirely-wii'hia=the:eer:melaE-€~e:f-l.9t+(.:t-he-fla,g.. .~, TypiGaUy. such. bridges, if pl:lh-liGJ~Wf1ee right-Gtway~-ar.e-GGastFuGteel-er-eenaed-fE>f itffin-af a Fiero Pla=t;;-H'f3Wever,.if-1:ae-f)lat-itl-aWfe\~G- -with a private drbe and a pn-vate brid-g~. ACED ,:I,rill not recefve or hol-d-such bonding. n:the City made the-bI~Jl$~ a cooditioll of the plat, Grdin2.!lce 1:2 5-:3 dGes gr.ant--mathGrity to the Gity to requir..e ann ImI4 finanGial guarantees {.or private i~ents. Staff rCeemmeBGs-. -.the Applicam..make a- written Commitment--:tG4hB City :is :tG-wh&a-$e privat-e-brid.ge-wiH-be ~ eo-ns-tructed and the general terms Qfwhich ., to fuud the 'b~et-ieI'l.:-fu-aeGit-iGa-tQ iDdJ1dln.g...th~ A~rlicant's c"omrpitment :'111; a condition.....of: the Find J:1at, fA condition of the Final Plat shall be that a vehicular bridge must be constructed prior to the issuance of a build~g permit for Lot.2, Block 1. CUP.oOI-036. Pl'P -ol.oo~ Tll>Il1ot'liuhtiivlsirm 5~. '};if ''/l,r 1/ oP 9 ;1/ '. - ,- " . t"/' ~ ././'. '. , .,,:.... :~ . .~ - - I October 31, 2001 Page 5 --._....___.._..... ......._J.....L "-"- "-I.~.J ,-,vuu\...u- 8. Due to the potential weshvard e::-"1:ensions of W: -.Idaho Ave. and W. Broadway Ave.; which currently stUb bthe west property line of Trernorit Subdivision approxim<;tely 600 feet to the east of subject property1 Staff recommends a vehicular access point be preserved along th~ r.J east property line of Lot 2, Block 1. Staffd~es' not foresee a' public street.dedication within g' Tramore Subdivision, but we are recommending ,the layout/design of Tramore"1 . . N account the possibil~ty of accessing a new, future public street adjacent ta. i oundary. ~ (please refer to the 'attached conceptual drawing,) This will aHo mgress/egress points ....... for Lot 2 rather than a single access to Pine Avenu' roving overall connectivity and ~ emergency accessibility. Staff recommend n ltion.of the Tramor~ Subdivision Final Plat be that Lot 2, Block 1 shall e a minimum 25-foot wide vehicular access drive at a _ point on its east r me, south of the Nine lvlile Drain easement, for a second., future '~ access t c street If W. Broadway Ave, is not extended in the future, said condition ; ',' "'f'r-ov/Je e;"'lj"tjiZI1G( ~~.c.e.ss CtS qff/"~t!ed V by ~ Fire. .~f'A("+~e.rrf:. 9. All parking sball be retained on-site for aU buildings and businesses w\thin the subdivision. :-t- All parking and areas of circulation on the hVo lots'. shall be paved, . striped, and meet \J minImum dimension requirements and number of stalls as'per City Ordinance. Handicapped parking must meet the standards of the Americans wltb:Disabilities Act. .t ""'\ \J a I... ~ ~ ~ Public Works 10. Sanitary sewer and water service to this subdivision 'will be via .existing gravity sewer and water mains located in. adjacent developments. Applicant will be responsible to construct mains to and through this proposed development. Subdivision'designer to coordinate main sizing ana ro.uting with. the Public: Work<.; DepHriTq~1it. 11. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City -Engineer' (Ord. 557;10.1-91) for all off-street pa.rkiD.g areas. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication, "Catalog .of $.torm Water Best Management Practices for Idaho Cities and Counties" and City of Meridian standards and policies. Off- site disposal into a sUIface water is prohibited unless the j~cisdiction which has authority over the receiving stream provides written authorization priDr to development plan approval. The applica~ is responsible fof' filing all ,necessary' applications. with the Idaho Department of .Water R~sources regarding Shallow Injec~ion Wells on the Final Plat. 12. Assessment fees for. water and sewer service are detennined during th~, building plan review process 13. Graphic~ly depict the 20-foot wide sa.ni~!~w~r.:~.a.s~mendn_favor Gf.the'Gity'oflvIeridia::rC-'~ ~ ~ ~_'~ _ alongthersoutherzfbotiIiaaij of Lot CBTock 1. Applicant shall be responsible to construct an ' (8") eight-inch diaIl.1eter sewer main within said easement to .the east boundary line. A minimum 20-foot wide access road shall also be required o.ver 'said S~Vler main. , Lor J...CU1. rL . 14. With the exception oflthe Nine 1v1lle Drain;. all existing irrigation/drainage ditches crossing . the property to be ir~.duded in this project, shall be tiled per City Ordinance 12-4-13.A: Plans A L If" . -: LOT 0, . . CUl'.ol-ll3D'. PFP ..01./)(16 Tmn= subclMo:ill1l . . E~ir,'-h!~f'&/fJEl 5 ~-P9 /..'... . . ,,'- .. > c' " ~' ll';~'::' ;'~'. ., l . ~ .jJ ....-;1 Page 6 will need to be approved by the appropriate irrigation/drainage district" or lateral users association, with written conf1I'IJ:lation of said approval submitted ..t? the Public Works Department. . IS. Please add or revise the following Final Plat Note(s): (1.) ...applicable zoning and subdivision regulations... (2.) ... building permit. as established speci:5::aIly for the R Ie zona (3.) DELE1E . (5.) ..., as shmvTI hereon. unless dimensioned otherwise. (6.) DELETE (8.) DELETE' (9.) DELETE (10.) .. .Idaho Code, or its provisions that apply to irrigation rights. (11.) DELETE (12.) DELETE (14.) A twenty .(20) foot wide pennanent sanitary sewer easement in favor of (he City o/Meridian is located along the sOt/them boundary of Lot 1. Block 1. (15.) A one-hundred foot (lOO~ wide existing Nampa Meridian Irrigation District easement is located along the N'me Mile Drain as shown..; . , (16.) The owner of each lot, across which passes an irrigatioi1ldrainage ditch or pipe, is responsible for the maintenance thereof, unless such responsibility is assumed by an irrigation/drainage district. .. (17.) The bottom elevation of structural footings. shall be set ~ minimum of 12-inche~' above the highe~ ?stabl4h~d !lonnal grOtI11d water elevation. ' (18.) As depicted on FIRM Panel 231, porfiry:s (,f rlJl:" subi.1ivision jie within the 100 """'If :;;(I{I'''''I"' pC'''' '~"'''''J:' utJ,~. b_ '''- '......"- '.I11..U:,..r:J!:Ui t... 16. Change the description of the e~ement symbol in the,.plat legend to read ''Pu~lic Utilities, Drainage, and Irrigation Easement" '. .' . 17. Revise the owner's names in the Certificate of Owners. ' PRELIMINARYIFINAL PLAT ~- STANDARD.REO~S 1. Any existing. domestic 'wells audLor septic systems' within this project will have to be removed from their domestic service per City Ordinance.'Section 5-7~517. Wells may be. used for ~on-d~ro~stic purposes suCh as la.qdscapeirri~tion. 2. Please submit a yOpy of the Ada County Street 'Name Co~ee's final approv!U.etter,'~~--_.. . for the subdivision name, lot and block number:iD:g.:._._Make.anycorrectloIiS-riecessary to conform. AssessP-?&I'l,tJeesc-fqr-.waterandc--sewer service' will be determined during the --- ..- -buildiIrg"planreview process. . 3. Coordinate fire hydrant placem~nt with the City ofMeridian'PubJic Works Department. 4. . 'Exec,ute the Certifl,cate of Ov.ro.ets and. its accotn.?au-ymg Acl<.n.ow\edgemetlt. ClJlI.Ql-430. PI'P ~1.OO~ 1'=01"0 SllIxlMfi<nl J- I.. L :L /i! fl ',,1 / -e q E )0fJ".V f T /7 . f/"J /"l. . .' /I vcrooer .:J 1, :.LUU Ii . Page 7 5. Two~hundred-fi.fty 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. 6. Underground year-round pressurized irrigation must be provided to all landscape areas on', site. Please submit hook-up and design details based on the proposed landscaping. Due to the size of landscaped area, primary water supply connection to the City's mains will not be allowed. Applicant shall be required to utilize any existing surface or well water r-4 for the primary source. If City water is proposed as a secondary source, developer shall, 'Q be responsible to pay water assessment~'forthe entire common open area. . ~ , Iv) ........ , 7. Please address, in written form, all above-mentioned items and submit to the City Clerk's office by 12:00 P.M. of the Friday prior to the scheduled meeting of the Planning & Zoning Commission. Prior to development plan approval, three copies of the revised plat - must be reviewed by the Public Works Department for compliance with all conditions of -.. plat approval . . \l '~ J PreliminmylFinal Plat Recommendation Staff recommends approvaI of the Preliminary/Final Plat application with the above-mentioned oonditions. , . .. . . '. . boundary be relocated to the east. This will impact the entire config:u e CUP Site Plan as well as force are-design of the ~ewer. Staffr e Commission withhold any :final approval until this issue'is re een the Applicant and ACED and the City receives a. Prelimina. . utility plans) and CUP Site PI:'if!. 1'h;1t('('rm.pli.c.."'<Y~i.h A.CHlY:;, dliveway '.~ " _ .. pql1...y ~. ~ .~ 0' ~, <:t.... . . CONDITIONAL USE PERMIT - STAND~ REQUIREMENTS 1. Off-street parking shall be provided in accordance'with:the City of Meridian Zoning ,and Development Ordinance and/or as detailed in site-specific requirements. 2. Pa'Ving and striping shall be in accordance with the.standards set forth in the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. . ' 3. A drainage plan designed by a'State of Idaho licensed architect or engineer is required and shall De submitted to the City Engineer for 'all off-Street parking areas., All site drainage shall be contained and disposed of on"site. ~~-,-~-------_.-~.- .~--' 4. OutsideJighting. ,shall-be -designed-and-placea -'sO-' as , not to direct illumination on any .-.nearby-:residential areas or the traveling public in accordance with City Ordinance. 5. All signage shall be in accordance with the Standards' set forth in Ordinance 11-14 or as specifically' approved. No temporary signage, flags,. ,banners or flashing signs will be permitted. ctJPolIl.OJ6. PR'-olIl.oQS T_ S~ian EdJ,o/f IttAil' 7t)j2 <9 "'-/' ~ " " . ,l-fo ': ': _ -~--'";o _ .,.........A..=, ......' 'L1UL..~l'.HU ~VWYUl c:; L..I'CY L..OllnCll . October3l, 2001-. .' ' . . Page 8 6. Provide five-foot wide pedestrian wall"Ways 'in accordance with City Ordinanc~. 7. Screen trash areas on at least three (3) sides. Coordinate screened trash enclosure locations and construction requirements' with. Sanitary Service Company and provide a letter of approval from their office prior to applying for building permits. . 8. Per Ordinance 11-17-4.B., a conditional use permit, when granted, shan be valid for a maximum period of eighteen (18) months unless otherwise approved by the City CounciL During tills time, the permit holder must acquire building pel1l1its and commence the construction of permanent footmgs or structures. Time extensions are allowed per the ordinance. ' CONDITIONAL USE PERMIT -- SITE SPECIFIC REQUffiEMENTS 1. Handicap parkiIig, associated signage and building' construction shall meet the' requirements of the Americans with Disabilities Act. (ADA) and the Fair Housing Act .' .' (FHA). By the architect or engineer's stamp 0.0. plans. they must certify that all construction meets ADA and 'FHA Standards. It appears at least one (1) additional handicap parking stall is required to meet ADA/FHA. minimum standards. 2. Ordinance 11-13-S.B. requires a minimum of two (2) parking stalls per dwelling unit for . 'multi-family residential. uses, This would require a minimum of 144 on-site parking stalls; only 111 stqlls are provided (33 stall 'deficit). Approximately 1.5 stalls per.unjt are provided. Senior apartment complex units ~\e nnt st'f6fic;1 ny :3 ddrr'sr;cirl. in the ~rdi1i;jJ.i.L(.; dUJ Hia.Y be considered i.f. Less intensive use than standard multi-family units. Tramore is proposed to have 52 one bedroom units and 20 mo bedroom units. As such, there may be justification to allow a reduction under this.cup process. The Applicant should address' anticipated parking needs. as part of the written, r~sponse to this memo and the Commission/Council may allow a reduction if 111 stalls are deemed sufficient. Allowance for visitor spaces shou~d be taken into consider~tion. 3. As a condition of the CUP, Staff recommends a minimum 5~foot wide pathway be constructed along the ;Southern bGundary of the subject lot, extending from the eastern property line to merge "With the required sidewalk along the east boundary of the entry drive. The pathway will provide an extension. of the pathway already constructed approximately 580 feet east in the. Tremont Place Subdivision. The pathway may be constructed either within' the Nme Mile Drain easement or outside but shall be in general alignment with the Tremont pathway. : n _ n ' -4.-u. -- N Q-sidewalk-is-currently 'Showlf'aaj acenrtotlie-marnentridrive~~~ng-the ~e~t-;id~~ -~ --.---- ---. the parking lot. The Site Plan should be'revised to reflect the PreliminarylFinal Plat . requirement for either an attached or detached oS-foot wide .sidewalk along the east.' boundary ofLot.2's flag portion. 5. Staff recommends a future, 25-foot wide vehicular. access point be' preserv~d at the ctJP-IIJ.o;J9. PFP ~I-OOS 'i~SubdMslo;l' t::A/ L ~ L V (~/:a.. 'u . C!xJ7JDI/- I J fo'l ~.~ ' . pbssible:intlie. fuWre.. . Staff:recommends !ii':~cQndition'.of th~ CUP . for Lot l~;::atockl.:b'e '{>;}~. ';.r/":' tha(~.v~hicu!ar".~~qri~ection,;~Usf.' qe.~.:rt~'de':,:~~)he :par1cing, .1o~".' re':Cit:s'~g~~d:nq/<::~:>';;{.'.... . aq90~oda~i;ailew'dMveway 'fromthe.~outp"e'8;st/co~er. qfthe :lo{ 'tpthe.east. prop:~ftr..:',:;:S~~.:".:.::::. ,line - " " " - - '>;, " '. , ",,:'~~;;_:;S? " Tbe'oorthwesi::'porner of the apartm~n(bq:PditJg.'rs;~urreritly Sh~JWJl 'at'~ 2q~foq~ ptiil9mg':~:'.:',.:X~::{,';;; ". 'setba9k' from .:~he< north property line/Ordin~c.e: .11 ;"~".~'" requir-es,'~ . JO-f9'ot . t[6htsirrd';:;' ;.:'~\.': : ',:' : setbaQk on CoI1~ctor streets in the L-O z~:ne~~.Th~,:SitePlan must.~erevised: to me~t'tne.>.,:.:':. .. 'II\~rpum. 30~foot ~etback distance. I(app~ars.. there is' at least .:10 'additiona,(,.feet of :,: . buiJdable land at the sout!1 end DfLot'l~:,~.,thWf;equirerne~t should not requir~;a~'vaIiance.' .,", .'..; . : '. > . :. ; c '. ,>.,. ... > . >.. . . , ... . , .. .' ,'.~. ".. ' . ,.: . The Site f~~:proP9ses a 20-f;otWide~tree<~.e'ct16J;;a~~~ss ~ointwiWn th~.':50~:~oqfWide' ;.'.::\',~', cross access easement (hatcq,ed),. Ordinapce"11-13-4..F;reqU#~s i' mi~itnum 25-foQt wide.'.". ,: driv~waYwid~R~vi~e.site':Plantoco~1P'~Y:;~,i:u' ...'.:.,....... . .....'.... ,',',-": . ...:.[\1.... . . >'... . , . ,: ..' '.:.' . ',..;(;'>;" Y'.:,:'.;:, .,....:'. . ','., ,.:;;::, :;,,:,:,.... ..,....,..;.\.".:...\j;::,.. ",8" · ;~~;:~~~i:~~:t~~~:'=~~:!~~th~P:t!ri3,:~t?t~~,theh~.. " ,'. " .... .' '....,. ." '. ;. ..,:;t'.,..,. ....... '. ," ;., .....: :'. '... '. ' . ',. I'" . ..9... A~~~ssments for':s'~wer.mci ~ater serVige(c~~~~:C1etenn.ilie4"dU~~th~,~~'iidirig"'p~~~ ',.~::.- 10, ';::t!:~7;~'16;tbe~ pi1irii;iiary~;~~W~;~~I,~~~L~~ PJr~,{.qlle~,'i~';;:~;;',~r-;,! '. "," / j l.~{O 1 J.. ar.~ .rtq~~ ~~ ,p..\=?{., CqI1qttl~n ~fl;ll~.4,e(\'~~'~r~gp~ar.y/Fin~ ,~~~t.:-'". SiteSp#i.fic." In'- __.-: . a4q1tlon..~at~o,~(;,cpapg~~,lor the. p~at:l~ds~~~~;-;~e/ollp~g.m9qifications' mt,t5t.be....J.. m;'Aet9;~"~$,iteplan: ,,-,';t''ii/:;<'''>'... ... . . .. >, .. ~~ a. Ord~c~>,I2-.I2-8.3.9,/equkes,~':~.'~~te~~ p~~ter ~sl~~d every' tiel~e (12)':' \;J:, " .: p~~ng s~I1s,.'TB.e pr9P?~~q. $.~te~:f~":~.as::'~everal gr:01,lp~n~s 'of parkfug stalls that" :':-:~'K" ;,..... . ~xc~dtWs ~mu,.m nlJmbet'o:fcqntJ.g~u:?us.w:~s. .:'I'h~ Blte)?lan (Sheet.1' of 11 '.::-1: .. . Preliminqxy 'Plat) .and Landscape .~lan.. 'shall- be . revised to comply. with: this. '.U :' - ',orrli1i.ince:'; ',,' ' ~--.,"',', '''' '::.':i1- ' : '; CUP Re~omm.::~d;rqon ""." . .. '" ' ....,.:.. . . .....,.. . . .:......, ,. ',:.:. ,:.':: ;.:~ ,,' .... ,.Btaffre~ompl.~nd~'approvaroftl;1e CuP:appllcat~qri/With the.c9gditioris noted.above..: rhe'9-28~": 11'... ., .... ; .lJO rep~it fi."i?1l1 SunnyridgeAssociates:a~moristrates.aclear'IIW'ketd~~q'!ip.dc0Il1II111nity need: 1.,. '. .' . ~ .,'.....: ':."~fqr~se~9.~>'w1ti.~h..Sfa,rrstronglysp.pports::, -. ~.' '.:,'.. ..,''., .,," . "'.~ ' , . . '. .proPos"! ejrtni drlvelilongihe_west [,ognQarY b~.[lijo~~te&to tIle .east. .".. _: .... pact th9 el!!k~::::r~::~c" ':"':;~i--~'~"';-~--:'~9itfi~#19n';Qf;g,.e~ciJ?t$ite-'P1an-a:s::we11:-!ts....for"5'...' .~:.:;;. '.' . ,.~. .'~ : .,~ .Jfie sew~~'::'St~iec.'q~ends.~ ;X ".:;; i.' ..; ',:; : .:' the.Go!iuriis~ion'wi~,hh~lp':.an:" . .'. v uritil.'~s..is~1f.e ifr~~c:itved petWee)1 'the4pplicant:, " .... .. '. <:iri9 ACE:ill' .",' ~'y r~'cefye's. a Pfelhnina.ry'Plaf(witq.:.,utility pI.ans} ap.d cup' Site. Plan that.:. ", .' .' :" ".' . ", " ~. . '. '.' ..' ....... . '., '"r,.:. . '. .' . . ", . .... '. '. . '. . . .. '" . , . . . .... ,'. " . :~., .' .. . ..' \'., ,':. "'.' "; . . , ... ,...... '. . .." ."', .' ,'..'::<'. ", .... .' " "'. :..'; .." ..... .. . :. :~.', .::,. ..> ~ '~-,:' . 7. ,-, .",.'.., ." .,:.. ,::. ,.'...' ~ > 6. ~.: c . ... " .~ .'. .. '~. . ~,. l' .:.-.... '.' . .~ . . ,. -' " .. .'~.~l..QJQ. ,PFp-ohOOIi ' .' · r:. z · b ~ i I#j~ 'c;:".jp:; ;; ::~:.1t;~ i\<;:i'i< ... .1F.~1-' l< :; J.'1 ' ,i:z ..;;,;'.',;;;K}Fii;!:;~:'L<:~ . '.' "-' . ,~..: ". ' .+>c" . , :.,'..c Interoffice MEMORANDUM - To: Mayor Robert D. Corrie - (copy) -DE..0EIV .[\1 \J OCT = 3 2002 D Cc: William G. Berg, J~. - (o~iral) William F. Nichols IV VJ TRAMORE SENIOR COMMUNITY BY: THOMAS DEVELOPMENT CO., FOR CONDITIONAL USE pp- "n IN L-O ZONE City Of Meridian City Clerk Office From: Subject: File No.: CUP-OI-036 r? ~ ~ ~9; 0' ~ ~ )< $A' /L ~~ ~ ~ made to the Findings and Order -al is to be ti led and not fenced; 2) YO; 3) corrections to Exhibit ll.urks. Date: October 3, 200L. The items that have been 1\. that the Nine Mile Drain is to be fen, deletion and/or addition of items agrel "A", and 4) typos and numbering correc Hopefully, this clarifies the above it, ,amore Subdivision, and/or any previous matters. Please have the Council, Mayor, ant. Jl.lrself attest, and then provide revised Findings and Order with Exhibit "A" attached, to the Applicant, Planning and Zoning Department, Public Works and the attorney office. I believe this matter has been researched thoroughly by our office, Planning and Zoning Department, and the developer, and they should now be ready for signatures and then finally laid to rest. If you should have any questions please give me a calL Z:\Work\M\Mcridian\Mcridian I 5360M\Tramorc Sub PFPO 1-006 CUPO [-036\ClkMEMOCUPffcls&Order082602,doc M{J (O\f-1J D\~ RECEIVF;f' I APR 2 " ~;,llO . ... n .......,~i,_ interoffice MEMORANDUM - City Of Meridiar: City Clerk OfficE To: Mayor Robert D. Corrie - (copy) Cc: William G. Berg, Jr. - ~ginal), JoAnn Butler via facsimile William F. NiChOl~~ TRAMORE SENIOR COMMUNITY BY: THOMAS DEVELOPMENT CO., FOR CONDITIONAL USE PERMIT IN L-O ZONE From: Subject: File No.: CUP-OI-036 Date: April 24, 2002 Will: Please find attached, along with this memo, a letter from Ada County Highway District dated April 5, 2002. Please note that within their letter they acknowledge an error in their staff level of November 6, 2001, as the curb and gutter already exist on Pine Street, and the sidewalk requirement should be a 7 -foot attached sidewalk, and said CUP Findings and Order need to reflect the same. Therefore, pertaining to the CUP Findings and Order that were approved on January 15,2002 for Tramore Subdivision, and in particular to items 12.18,12.19 and 12.21, and 2.18,2.19 and 2.21, these items are addressed within the ACHD letter dated April 5, 2002, and 12.18 and 12.21 and 2.18 and 2.21 should be deleted and in 12.19 and 2.19 it should state a 7 -foot attached walkway. Please attach this memo, along with ACHD's letter dated April 5, 2002 to the already approved CUP Findings and Order to clarify the above items for Tramore Subdivision, and then send copies of the CUP Findings and Order, with the attachments, to the Applicant, Planning and Zoning Department, Public Works and the attorney office. If you should have any questions please give me a call. Z:\Work\M\Meridian\Meridian 15360Iv1\Tramore Sub PFPO 1-006 CUPO j.036\Clk.MEMOCUPffcls&Order042402.doc BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR PRELIMINARYIFINAL PLAT FOR TRAMORE SUBDIVISION OF 2 BUJLDING LOTS ON 10 ACRES IN AN L-O ZONE, LOCATED SOUTH OF WEST PINE A VENUE AND EAST OF NORTH LINI MERIDIAN, IDAHO ) ) ) ) ) ) ) C/C 12-18-01 Revised 1/11/02 Revised 09/30/2002 Case No. P/FP-OI-006 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARYIFINAL PLAT 1- !S~Db ~ ~~~ M~ rV{Vi VVl~ 1fV fFtL oYl fF~ Vf-OOLP BY: THOMAS DEVEL( CO., APPLICANT The above entitled on December 18,2001, at testified at the hearing, an 5 before the City Council rator, appeared and 'plicant was JoAnn Butler, and the City Council having recelvea a repon ITom "naIl ~LUt::>, un;;; x ianning and Zoning Administrator, and the City Council having received as part of the record of this matter the recommendation to City Council of the Planning and Zoning Commission and the applicant having submitted the Plat Drawing described as follows, "TRAMORE SUBDIVISION PRELIMINARY PLAT, A PORTION OF LOT 3 AND A PORTION OF LOT 4 OF WEST LAWN HILLS SUBDIVISION AS RECORDED IN PLAT BOOK 02, PAGE 94 OF ADA COUNTY RECORDS, IN THE N ~ SW 1;4 OF SECTION 12, T. 3 N., R. 1 W., BOISE MERIDIAN ADA FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY/FINAL PLAT - TRAMORE SUBDIVISION / BY THOMAS DEVELOPMENT CO. (PFP-Ol-oo6) - 1 COUNTY, IDAHO, PROJECT NO. B0012001, DRAWN BY: LMM, DATE: 09/10/01, SHEET 1 OF 1, submitted for preliminary/final plat approval and which preliminary/final plat application is herein received and adjudged by the City Council pursuant to Meridian City Code, Section 12-3. Therefore the City Council makes the following findings: FINDINGS OF FACT 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 L-O Limited Office District, and requires connection to the Municipal Water and Sewer System. [see Meridian City Code, Section 11-7-2 I.] 2. The preliminary plat is in conformance with the Comprehensive Plan City of Meridian adopted December 21, 1993, Ordinance No. 629. 3. It is determined that Urban Services can be made available to accommodate the proposed development if the plat complies with the requirements and conditions hereinafter set forth as conditions of preliminary plat approval. 4. The proposed development is a continuity of the proposed development within the City's Capital Improvement Program and if the conditions which are requested by the Planning and Zoning Administrator and the Engineering Technician III are met there will be public financial capability of supporting services for the proposed development. 5. The development, ifbuilt in accordance with the conditions and as proposed, will FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY/FINAL PLAT - TRAMORE SUBDMSION / BY THOMAS DEVELOPMENT CO. (PFP-Ol-oo6) - 2 not create health, safety or environmental problems and there have been no specifics of any such concerns brought to the Council's attention. 6. It is found that the Recommendation to City Council of the Planning and Zoning Commission is reasonable and appropriate for the conditions of approval of the preliminary plat as hereinafter set forth. DECISION AND ORDER Pursuant to the City Council's authority as provided in Meridian City Code, Section 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted: IT IS HEREBY ORDERED AND THIS DOES ORDER The Final Plat ofthe applicant as evidenced by A TRAMORE SUBDIVISION PRELIMINARY PLAT, A PORTION OF LOT 3 AND A PORTION OF LOT 4 OF WEST LAWN IDLLS SUBDIVISION AS RECORDED IN PLAT BOOK 02, PAGE 94 OF ADA COUNTY RECORDS, IN THE N ~ SW 14 OF SECTION 12, T. 3 N., R. 1 W., BOISE MERIDIAN ADA COUNTY, IDAHO, PROJECT NO. B0012001, DRAWN BY: LMM, DATE: 09/10/01, SHEET 1 OF 1, submitted for preliminary/final plat. 1. The conditions of Staff pertaining to the Preliminary Plat and Preliminary/Final Plat comments are as set forth in the Memorandum, which include the elimination of number 2 under Landscaping & Fencing, and the elimination of all sentences except the last sentence in number 7 under Traffic / Vehicular, as shown by strike-throughs within Exhibit "A", to the Mayor and City Council from Brad Hawkins-Clark, Planner for Planning and Zoning, and Bruce Freckleton, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY/FINAL PLAT - TRAMORE SUBDIVISION I BY THOMAS DEVELOPMENT CO. (PFP-Ol-oo6) - 3 Engineering Technician III, dated October 31, 2001, listing 17 Site Specific Comments and 7 Standard Requirements, a true and correct copy of which is attached hereto and marked Exhibit II A", and consisting of nine pages, and by this reference incorporated herein, with the additional requirements from the City Council at their meeting of December 18, 2001, and the requirements are as follows, to-wit: 1.1. The City Council's action from their December 18, 2001 meeting, shall be the revision of the Recommendation at page 4, item 2 g., pertaining to the construction of the bridge over the Nine Mile Drain; that the applicant has an agreement with the property owner to the south, and that property owner shall construct, at their cost, a bridge over the drain prior to building pennits. However, the applicant cannot at this time commit the property owner as to a time on the construction of said bridge. 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 Cityls requirements shall be signed only at such time as: a, The Plat dimensions are approved by the City Engineer; b. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on-site improvements; and /5,11,- By action ofthe City CqunciI at its regular meeting held on the . --day of --r- OdIZUtiA-!f , 2002. By:~A),~. R B RT D. CORRIE Mayor, City of Meridian FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL AFPROV AL OF PRELIMINARY/FINAL PLAT - TRAMORE SUBDMSION / BY THOMAS DEVELOPMENT CO. (PFP-Ol-oo6) - 4 Copy served upon Applicant, the Planning and Zoning Department, Public Works ~~rt4jwnt \\\ n" and City Attorney. \\\\\~I Of MERlr-"'I'1" <, ~, Vla ...... .:;-.......... a t\POFT. -7""'" ";;. ~ cP 4~ ~ ItJ-3-tJ2f ~ 0 % . nY~d4~k~l/ y. City Clerk Dated: l:\Work\M\Meridian\Meridian 15360M\Tramore Sub PFPOI.006 CUPOI-036\Revised 0930 2002.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY/FINAL PLAT - TRAMORE SUBDIVISION / BY THOMAS DEVELOPMENT CO. (PFP-Ol-0o6) - 5 ; / IUlb<:r:( U L.Jrne /(/. CITl COUNaL ).(E.\.ffiERS . \ton :\ndc.s']11 . f~irll Bird T:u:omy ,l,:\'C'eecd Oteric .\fcGndless CITY OF lvlERIDiAN r-08) ~&l-~{<)<) . F:u::8S.:S01 33 EAST IDAHO j\[ERIDU,L"S, ill.AHO 836-/.2 (~a) 388-..)433, f.-L"'I:(:08) &'l7-:S1J . City Qed.: Office F:u: 008) 888-4::13 PlrBLIC \mRKS BeIIDING DEP.-\RThCENT (.:OS) 887-:::!11 . F:u: 887.L29, PU.NN1NG .-\N'D ZONfr.1G DEP.i.RThlENT . ~S) 88.J.-Sm . F..\..\: 888.6854 l\fE1\'fORAND UM: October 3.1,2001 To: Mayor, City Council and Planning & Zoning Commission Brad Hawkins-Clark, Planner ~~~ ~ Bruce Freckleton, Senior Engineering Tech ~ . RECEIVED NOY 0 I 2001 From: Re: . City Of Meridian Tramore Subdivis.ion & Senior Commumty City Clerk Office ! Request for Conditional US.e Pennit for a 72-Unit, Three-Story Apartment Complex on 4.30. acres. in an L-O Zone by Thomas. Development Co. (File CUP-OI-036).. . '! Request for PreliminarylFinal Plat of 2 B.uilding Lots. on 1 Q.OO acres. in a L-O Zone by Thomas Development Co. (File PFP-Ql-006). We haye rev.iewed this, sub.mittal and Qffer the foUQwing co.mments, as. conditi.ons of the applicant. These conditions shall be considered in fun, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATIONS SUMMARY The applicant. Thomas Development Company, has appJied for 2. Conditional Use .Permit (CUP) and PreJirrdr.ary/Final Plat approval of a 100acre parcel of land, located on West Pine Avenue. The applicant's PreliminaryIFinal Plat request, if approved, will split the existing lO-acre parcel . into two (2) building lots. including ODe flag lot The lots are separated by the N'me Mile Drain and its associated lOO-foot wide easement. The plat is technic~ly a resubdivision of portioos of . two existing lots in the West Lawn Subdivision. The CUP proposes to construct one (1), three- story, 72-urut senior apartment complex: ,on the north'lot with Pine Avenue frontage. No use is proposed at this time for the lot south of the Nine':Mile Drain. The subject property is currently zoned Limited Office (L-O) and no rezone is proposed. The Applicant voluntarily held a neighborhood meeting with surrounding property owners earlier this year and conducted a traffic study on the impact of the development. While Staff is recommending approval of both applications) we are recommending the Commission delay a final decision until the Applicant resolves the driveway locatio~ ~th ACHD (see. Recommendations below). .. NOTE: There were two (2) different detailed plans submitted in the meeting packets for the senior apartments lot. One was labeled "Tramore Apartments Site Plan" and dated 1-11 ~OO and the other dated 7-13-01. The CUP comments below address the 7-13-01 plan. Please disregard the 1-11-00 plan. LOCA TION The subject parcel of land is located on tbe south side or W: Pine Avenue) approximately 950 feet east of Linder Road. The property is east of and adjacent to the Sunbridge Rehabilitation and ClJP-al-a36, FA' -01.006 r · {fAit . 1:)("h, bavf laIC) T_ SubdivUioo .// /,( _ ._..._.';::,...... .....v"u.5 vUUJUU;';)luUtlVll;l.YUl 0:. LlLY \....ounca October 31,2001 Page 2 Living Center and is bisected by the Nine Mile Creek. The property is designated as UExisting Urban" in the Comprehensive Plan. SURROUNDING PROPERTIES North: Six (6) single family residential homes in the Navarro Place Subdivision, zoned R-4. South: Union Pacific Railroad immediately south and a 24-acre, vacant parcel south of the railroad, zoned RUT. East: A 7.S-acre, vacant parcel, o-wned by Fiscal Funding, Inc. (a S anFrancis co, CA firm), . zoned L-O. . West: Sunbridge Rehab Living Center, zoned L-O. CURRENT OWNERS OF RECORD Western Sky Development, Inc., represented by Stephen R Lile, is the current property owner of proposed Lot 2, and Sunnyridge Associates, represented by Robert R. Angell, is the property ovvner of proposed Lot 1. Both owners have submitted consent for the subject applications. PRELIMINARY PLAT FINDINGS AND REOUIRENfENTS Sections 12-3-3 1.2. and 12-3-5 D read as follows: "In determining the acceptance of a proposed subdivision., the Commission/Council shall consider the objectives of tbis title and at least the following: a. The conformance of the subdivision with the Comprehensive Development Plan; Staff finds the' proposed PreliminaryIFinal Plat to be in confonnance With the Comprehensive Plan. b. The availability of public services to accommodate the proposed development; . Staff finds that public services are readily available'to the lots within the proposed subdivision, provided changes as may be required by. the Public Works and Building Departments are made. .' . c. The continuity or the prop,osed development with the. capital improvement . program; Staff finds that the subdivision is in accordance with the current capital improvement program. d. The public financial capability of supporting' senrices for the proposed development; . Staff finds that the development "Will not require publicexp~nditures for suppor-Jng services in excess of acceptable. standard levels. CUP~I~6. PFP -{JJ..oo6 Exhs-h/f "11 It d- of c; Ta:noro SubdMlIcm. /(' - ." - - ..... __ .., _....._ .I,. Page 3 e. The other health, safety or environmental p.roblems that may be brought to the Commission's attention. Staff finds that there are not any other health., safety or envirorunentaL problems associated with this subdivision that should be brought to the Council or Comrnission~s attention beyond any raised by the Health Department, N1:v.lID or other public agencies. The Nine lv'lile Drain is a significant natural feature that should be protected through standard stormwater and run-off management practices. We have reviewed this submittal and offer the following comments, as conditions of the application. These conditions shall be considered in full, unless expressly modified or deleted by motion of the lVleridian City Council: . PRELIMJNAR YfFINAL PLAT -- SITE SPECmC COM:MENTS Landscaping & Fencing 1. The Landscape Plan submitted with the PreliminarylFinal Plat application (Sheet LD.l, dated 7/12/01) is not approved. The following modifications and/or new information needs to be submitted: a) The submitted plan only includes Lot, Block 1 (north lot). While Lot 2 is not proposed to be developed at this time. subdivision perimeter landscaping is required by Ordinance 12-12-7.3. Applicant must submit a revised landscape plan showing perimeter landscaping adjacent to the UPRR right-of-way. Ordinance 14",12-9.9 requires a minimum 5-foot wide landscape buffer with one (1) tree planted per thirty-five (35) lineal feet. b) The submitted plan includes five (5) conifers in the Pine Avenue stre.et butter) all of which will have to be replaced with a deciduous variety to comply with Ordinance 12-12-4.2. Revise plan accordingly.. c) Ordinance 12-12-8.2 requires a minimum five-foot wide perimeter landscape strip along all lot lines that are adjacent to vehicular use areas. Applicant must submit a revised plan showing a perimeter landscape strip, planted with one (1) tree per thirty- five (35) lineal feet~ along the west boundary of the entry drive) from Pine Avenue south to the north easement line of the Nine Mile 'Drain. Upon development ofLat 2~ Block I, the 5-foot. wide perimeter landscape strip must extend the full depth of said lot or other landscaping as may be required at" the tiIIJ.e of development. d) The proposed landscaping be~een the south end of the parking lot and the north Nine Mil~ Drain easement lies within the future 20Rfoot wide City of Meridian . sanitary :sewer e8,$ement. Applicant must submit a revised plan that does not show any trees within'this 20-foot easement. Shrubs .and ground covers are permitted outside the area of the access road. Fifteen (15) copies. of the revised landscape plan shall be submitted to the Planning and ZorungDepartment,staff for a review of completeness prior to the P&Z Commission hearing.. 2. Per Ordinance 12 12. 7.3. the Pine Avenue landscape buff~T must be pla~ed within a tQm~Gl1 \ wt Tve- pr-OPQseQ buffer width meets the minimum 20 re<et, but the plat does ROt sk~}.r it 4 CUl'oGl.QZ<i.I'Fl' -Ill.oo~ To=SobdivUl=n EJJt/h:f ''f) If 3 oP c; '/// /_( . October 31~ 2001 Page 4 , corner of the apartment building will not meet minimum front buildi 0' ~ If: a landscape common lot is' added. The Applicant must subrni . . . ce application at least 20 days prior to the City Council hearin ow the front building setback to be calculated from the'right-of- 1 a commori lot is added) or to allow the Pine Avenue' landscape bp aced within a landscape easement. Since the landscape frontage is' ,.. . 3. No fencing is proposed as part of the application. If the Applicant intends,to install any permanent fencing within the subdivision, fencing details must be submitted at least 10 days prior to the City Council hearing. Details shall include height; construction materials and exact location( s). If no permanent fencing is provided, temporary, construction fencing to coqtain debris must be installed around the perimeter of the building lot prior to the'issuance of a building permit. 1'1 4. Per Ordinance 12-12-10. any existing trees within the subdivision that are 4" caliper or ~: greater that are .removed from the property shall be replaced by installing additional trees, ' being the equivalent number of caliper inches 0 f trees that were removed. ~ I . 5. All required landscaping and fencing (should the Commission or Council require it) shall be ......, installed prior to the issuance of a Certificate of Occupancy for any building on either lot in :-:. the subdivision. A letter of credit or cash, in the amount of 110% will be required for these \I improvements prior to the City's signature on the Final Plat. ~ Traffic I V ehiclllar ~ . ' '~ 6. The Preliminary Plat does not ~how mrn. gniTr-:,- nr- S1nf"'''~ lk '11r;.,:c; cti.L:.:. ;:;~J..,; 0[.hG .i.iag V ponion of Lot 2 (entry drive). North ofthe N'me 1YfiIe Drain north easement line in Lo~ 2, the Applicant shall revise the Preliminary Plat to'.include et.1Fb, guttef--aD@ landscaping on the ~ west side of the lot and curb, gutter and sidewalk on. the east side of the lot. This will ~ accommodate both vehicular and pedestrian connectionacr.Dss the drain in the future. ~ . U 7. -Ne-details were mc1lJded-ia,..th~pl-f6aoo.l1-r.egaf4Yag-pr~sion-..aH-britlge-a6ress-the-N"me-~, Mile Draia. A:i:J.j" futl:lre use ofL51 ~~-is~ent--upoo:this acct::s.sicrosshIg~ both-fe.r ~ V&mea!ar~-e--Pine-ancl-t.g-acoo;mmQdate-a-s.g.wef-line-ext-ensiGn;-'Fhe-l:ll:iclge-er-0ssmg. ~ 'bffi:h-nerth-and s6I:1th-t~~H-ai1-entirery-w1tbifi=tb.e::emt-aa'afl$-0f-1~-t.he-f1a.g- -lGt~1 TypicaJly;--sH~ubJiGJ;r:-0wneEi right-o:t~-ar..e-Genst.mGteei-er-benaeci-for ~ AcrID' 5 Trust Fund a'Sa conei:cioo-ef'R Finn! Plat H-ewever-;-if-4he-t'la:t-is-~ with a private drive ana a-private-bridge, AC~not-r~~ City made the-bti.Jge a conditiuu uf the plat, Gr..<finanGe 1:2-573 doos-gr.aJ.:rt-amlagQty-t-G-tM ~ tg requil:e lmn hold financial guarantees for private inipr~~B-S-., -tbe Applicant make a written commitmelJt...to-:l:he City as ~eR-t~ privatc-brid-ge-wiH-be,. e&RStructed and the geaeral terms of which pro.perty ourner(.s) will ~-siMe to fllUU the 'b~et:ie1'l.-fu-aEi4it-iGg,..to incllJding-the Ap!"'licant's cgttlplitme:nt ::l~ !! condition-of. the Fb~;- /A. condition of the Final Plat shall be that a vehicular bridge must be constructed prior to the issuance of a build~g permit for Lot ,2. Block 1. CtJp~I..Q3.. PFP -01-006 Tmnlrto SuhdivUion 5td;d iJ>f 'l1,r Lf oP 9 ;(' , ,.....~... /' ,/,/, " ,}i--". . - October 3 1 > 2001 Page 5 -___......_............ -.......J VL ......... '\-.&L] '-UUU~tl 8. Due to the potential westward e~1ensions of W; .Idaho Ave. and W. Broadway Ave." which . currently stub to the west property line ofTrernont Subdivision approxim~tely 600 feet to the east of subject property, Staff recommends a vehicular access point be preserved along the N east property line of Lot 2, Block 1. Staff does not foresee a' public street. dedication within <J' Tramore Subdivision, but we are recommending the layout/design of Tramore~ . ~ account the possibility of accessing a new, future public street. adjacent to it oundary. ~ (please refer to the attached conceptual drawing.) This will alIo mgress/egress points ...... for Lot 2 rather than a single access to Pine Avenu roving overall connectivity and J.. emergency accessibility. Staff recommend n ltion 'of the Tramort;l Subdivision Final Plat be that Lot 2, Block 1 shall e a minimum 25-foot wide vehicular access drive at a _ point on its east r me, south of the Nine lviile Drain easement, for a second, future .~ access t lC street rr W. Broadway Ave, is not extended in the future, said condition ; ~ f'" () v/Je e WI V"'5 $.11 c. y a. ~ce s.s L; s q t !I'.:'t/ e..J J by ~ J==;f"e. D(!.fa.r+~e.~. 9. All parking shall be retained on-site for all buildings and businesses w~thin the subdivision. ..:t-- All parking and areas of circulation on the two lots', shall be paved, . striped, and meet (j minimum dimension requirements and number of stalls as per City Ordinance. Handicapped parking must meet the standards of the Americans with Disabilities Act. & tj",. , \l u. '... ~ 1 d. Sanitary sewer and water service to this subdivision will be via existing gravity sewer and ~ water mains located in adjacent developments. Applicant will be responsible to construct mains to and through this proposed development. Subdivision designer to coordinate main sizing and' ro,uting with the Public Works Department Public Works 11. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City-Engineer.(Ord. 557,-1O~1-91) for all off-street parking areas. Stonn water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication, "Catalog .of $torm Water Best Management Practices for Idaho Cities and Counties" and City of Meridian standards and policies. Off- site disposal into a surface water is prohibited unless the j~risdiction which has authority over the receiving stream provides 1^1ritten authorization prior to development plan approval. The appIican~ is responsible fOf' filing all ,necessary- applications with the Idaho Department of Water Resources regarding Shallow Injection Wells on the Final Plat. 12. Assessment fees for. water and sewer service are determined during th~. building plan review process 13. Graphically depict the 20-foot 'Wide sanitary sewer .easement In favor of the City of Meridian along th~ southern boundary aiLat 1. Block 1. Applicant shall be responsible to construct an (8") eight~inch diaIJ.?eter sewer main within said easement to the east boundary line. A minimum 20-foot wide access road shall also be required Qver said sewer main. \ Lo{ iJ....{lflrL . 14. WIth the exception of4i1e Nine 1v1i1e Drail\ all existing irrigation/drainage ditches crossing the property to be included in this project. shall be tiled per City Ordinance 12-4-13.A: Plans 11 + I fI - -; W ~ . CUP~ 1~1,;. Pl'P..m.oo~ T= subdiviliorl Ex."A/hr~f .IJlJIi 5o-P9. / ~' " Page 6 will need to be approved by the appropriate irrigation/drainage district,' or lateral users association, with written com!.rnlation of said approval submitted to the Public Works Department. , 15. Please add or revise the following Final Plat Note(s): (1.) ...applicable zoning and subdivision regulations... (2.) ...building pennit. 11S established spedficnlly for the R Ie zone (3.) DELE1E (5.) ..., ns 3bovro hereen. unless dimensioned otherwise. (6.) DELETE (8.) DELETE (9.) DELETE (10.) ...Idaho Code, or its provisions that apply to irrigation rights. (11.) DELETE (12.) DELETE (14.) A twenty (10) foot wide permanent sanitary sewer easement in favor of the City of Meridian is located along the southern boundary of Lot 1, Block 1. (15.) A one-hundred foot (l00) wide existing Nampa Meridian Irrigation District easement is located along the Nine Mile Drain as shown. .;. . (16.) The owner of each lot, across which passes an irrigatioiv'drainage ditch or pipe, is responsible for the maintenance thereof; unless such responsibility,is assumed by an irrigation/drainage district. . (17.) The bottom elevation afstructuralfoo.tmgs shall be set a minimum af 12-inche.s above the highest established normal grormd water elevation. (18.) As depicted on FIRM Panel 231, portions of this subdivision lie within the 100 and 500 year floodplain. 16. Change the description of the easement symbol in the,plat legend to read '"Pu'f?lic Utilities. Drainage, and Irrigation Easement"' . 17. Revise the owner's names in the Certificate of Owners. . PRELIMINARYIFlNAL PLAT - STANDARD REO~S 1. Any existing domestid'wells andLor septic systems 'within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-d"mestic purposes such as landscape irrigation. 2. Please submit a yOpy of the Ada County Street Name Co~ttee's final approval letter for the subdivision name, lot and block numbering. Make any corrections necessary to conform. Assessment fees fqr water and sewer service' will be determined during the building plan review process. 3. Coordinate fire hydrant placement with the City of Meridian Pub. lie Works Department. 4. Exe~ute the Certiflcate of Own.er5 and. its accom:pan:ymg Acknowledgement. CUP~I..(l36,!l1i!' -01.006 Tnm= S~lon. /3""i0/1;hf1- '/CI'" '0 ()~9 . ...J . ----....-.. .' /I ucrooer .) 1, ~{)U 1 ! Page 7 5. Two-hundred-fifty watt., high-pressure sodium streetlights MIl be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. 6. Underground year-round pressurized irrigation must be provided to all landscape areas on site. Please submit hook-up and design details based on the proposed landscaping. Due to the size of landscaped area. primary water supply connection to the City's mains will not be allowed. Applicant shall be required to utilize any existing surface or well water for tbe primary source. If City water is proposed as a secondary source, developer shall be responsible to pay water assessments' for the entire common open area. . 7. N '(j ~ . Please address, in Vl-'ritten fonn, all above-mentioned items and submit to the City Clerk's ~ office by 12:00 P.M. of the Friday prior to the scheduled meeting of the Planning & I Zoning Commission. Prior to development plan approvaL three copies of the revised plat - must be reviewed by the Public Works Department for compliance with all conditions of -- plat approvaL . , \l '1 J PreliminarylFinal Flat Recommendation Staff recommends approval of the Preliminary/Final Plat application with the above-mentioned conditions., . . . boundary be relocated to the east. This will impact the entire con.fi!!U e CUP Site Plan L. as well as force a fe-design of the ~ewer. Staff reCommission withhold any final .t approval until this issue is re een the Applicant and ACHD and the City receives a PreIimin utility plans) and CUP Site Plan. that'complies with ACIID's driveway '~~ ~ ~ .~ '"' CONDITIONAL USE PER1v1IT - STAND~ REQUIREMENTS 1. Off-street parking shall be provided in accordance with:the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 2. Paving and striping shall be in accordance vnth the -standards set forth in the City of Meridian Zoning and :Development Ordinance and in accordance with Americans with Disabilities Act (ADA; re'l.uiretneiJ.~s. 3. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall De submitte~ to the City Engineer for all off-Street parking areas. All site drainage shall be contained and disposed of on-site. . . 4. Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas or the traveling public in accordance with City Ordinance. S. All signage shall be in accordance with the standards' set forth in Ordinance 11-14 or as specifically approved. No temporary signage, flags,_ ,banners or flashing signs will be permitted. CUP..:lI.03G.I'FP -o1-ooG 7"=- sllbdiri>iOll EdJ//;/f IteA II 70-;29 >/' l' '" _ '~.__".::I _ ..............u.=, .....V.'.'Ul~,)LUUJ.l.Yl.i:1.YUI o!; LIt)' LounCl! . October 31, 2001 . I Page 8 6. Provide five-foot wide pedestrian walk-waysin accordance with City Ordinanc~. 7. Screen trash areas on at least three (3) sides. Coordinate screened trash enclosure locations and construction requirements' with Sanitary Service Company and provide a letter of approval from their office prior to applying for building permits. 8. Per Ordinance 11-17-4.B., a conditional use permit, when granted, shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the City Council. During this time, the permit holder must acquire building permits and commence the construction of permanent footings or structures. Time extensions are allowed per the ordinance. CONDITIONAL USE PER11IT - SITE SPECIFIC REOUIREMENTS 1. Handicap parking, associated signage and building construction shall meet the' requirements of the Americans with Disabilities Act (ADA) and the Fair Housing Act (FHA). By tbe architect or engineer's stamp o.p. plans, they must certifY that all construction meets AD A and FHA Standards. It appears at least one (1) additional handicap parking stall is required to meet AD A/FFU\. minimum standards. 2. Ordinance 11-13-S.B. requires a minimum of two (2) parking stalls per dwelling unit for multi-family residential uses. This would require a minimum of 144 on-site parking stalls; only III sta,lls are provided (33 stall deficit). Approximately 1.5 stalls per unit are provided. Senior apartment complex: units are not specifically addressed in the ordbance and may b'e considered a less intensive use than standard multi-family units. Tramore is proposed to have 52 one bedroom units and 20 two bedroom units. As such, there may be justification to allow a reduction under this CUP process. The Applicant should address anticipated parking needs, as part of the written, r~sponse to this memo and the Commission/Council may allow a reduction if III stalls are deemed sufficient. Allowance for visitor spaces shou~d be taken into consideration. 3. As a condition of the CUP. Staff recommends a minimum 5-foot wide pa.thway be constructed along the lsouthern boundary of the subject lot, extending from the eastern property line to merge with the required sidewalk along the east boundary of the entry drive. The pa1hway will provide an extension of the pathway already constructed approximately 580 feet east in the Tremont Place Subdivision. The pathway may be constructed either within'the Ntne Mile Drain easement or outside but sball be in general alignment with the Tremont pathway. ,. 4. No sidewalk is currently' shown adjacent to the main entry drive along the west side of the parking lot. The Site Plan should be revised to reflect the Preliminary/Final Plat requirement for either an attached or detached 'S-foot wide .sidewalk along the east boundary ofLot.2' s flag portion. 5. Staff recommends a future, 25-foot wide vehicular. access .point be preserv~d at the CUP-ol..o~. ~FP -111-006 1"rm:nam S\llldM&iml Ex/;/b/i Inti f of- Cj .9. ,"> Page 9 .'. .' '/' . """ ..... . " ,~i,\!j\i,lJ(;!lJi~";.; southeast ~orn~{tk the apartment c9mpIex'!ot for"a:~possib Ie priy~te P9~~cti()it:;to;, Id.~o.,,";: '" '::/, <,; A vrque.irt'tP~ '..:fu~re (see. ~ttached ...~oncep.~aL '~ra~ng);.. Untq,~q?h,.:~~i~,~,?-s,;:fg~ho.;~i~,'}\{,i::>,?~>.: , actually' ext~ndeq,' w~ do. not ('"see, th~",need fo r::the,::~pp hcant to '.ilc.tu?lIY:'~C9.nstwcLa';' ;'/;;:',; , .drive~ay to the_eastern boundary..Howeyer~"should the Idaho'Avenue"co'nnecclqq.:.be';:,. '~'.'.,' p~ssibIe" in the .future, Staff recommends' a :condition of the CUP for Lot 1, Bl09k I:he, . "; . ' that a, vehicu~ar :connection must be', made'. an~ .the 'parking', lot '. re~designed . to.'''. ',' . acpommodate' a new driveway from the ,sotitheastocorrier of the lot to the east prop~Ity, ': " . line.. ' . , " ' " -' ~, ,. 6. The northwesrcorner of the apartment6Uildipg is currently Sh()WI1 at c:t 20-foot building ." . setba~k from the' north property line:, Oidiriance'11~9-1 requjresa30-foot front'.Y~d,' ...... .'. . setback on Collector streets in the L-O zone: TheSjte Plan mustberevised to meetthe.,', ' IDinilJlUID 30:-foot setback distance. It'.app~ars there is at leastJO 'additional.feet of buildable land at the south end ofLotl,,~,thisrequirement should not requirea,yanance.. , . '..' . '. 7. The Site :r~ap.prop()ses a 20-foot wide streeLsection/access point wi~hin the 50{oot wide cross access easement (hatcp,ed). Ordinapcell~13-4.F.requ4'esa minimum 25-foot wide driveway width. Revi~e Site'Plan to comply:: N ''C) .' '~, 8. , . ... . -. .. . ~. : Theelevations,c'oI~r an~' constructil:m'm~te~cls for the two, 6.-baystorage ucitsin,fhe' p~king lot shall compliment the design arid mate?ais of the apartri:1entbuildip,g. "..... ',' ' 10. .. . _,. I Assessments for sewer and water service. aredet~rmineddi.rring the b~iidingp~~t' ~ application process... . . , '.', . .,..' . .' ,.' '" . .' ,,': . . .e', ' , ",\:':)' . .' . ,.'.,'. '. ':':"" ~ Four. mhdifications :to'the- PreliminarylFinal"Plar'Landscape Plan (She'et LD I, 'dated" ,.' .' 7112/01). ar~ .required per. Cond~tion if} ;uI~der;,,<<PreIimip.ary/Final :plat:- Site S pecmc." In ' ...:..' aqdition.to'thosec~ges for the p~atl,,:#dscaping,..t4e fo1l9wing mQdifications must be '\\ . made to the CUP Site Plan: "'. .... , ~. ,. '.. ~ a. 6~diIl4I1ce' 12-12-8.3.C..,requires':~~ternaI pi~riter island every twelve (12) . \J . parking stalls~The proposed Site ]?Jan,"'has-sevenil groupings of parkfug stalls that. ~. ,'exct;:ed'this max,imum m~mbet of cOiitigucrus ~a1ls. The Site Plan (Sheet 1- of I, :1: Preliminary 'Plat) and Landscape Elan shall be revised to comply with this tJ, . ordinance.:" ! .: .'~. ~ CUP Recomm~nd~tion . . ' . : Staff recomm.~nd~'approvat of tl;1e C1JI;>appllcatio~with the cogditions noted above.' The 9~28~' ~ 00 report from Sunnyridge Associates demonstrates a clear'm~ket demanctap.d community need 1 '. forthis serviqe, wbich,St!;ff strongly supports: , .... " . ~ proposed eptrj drivealong.the west bo~ndary be relO'catedto the east .'.~,. pact tht1 entire 10,' copjigur~tion of the CU?,OSite 'Plan as well as forc',' '" _.. .0 the sewer~Staff recc>I;nmendS. ' . . the Commission' withhoI4an v until this issue i~r~solved between the Applicant ~9.ACED . .." 'f~ceives a, PreIirninaryPlat'OCwith'utiIity plans) and CUP S~te Plan that . ., , .. :' . c .. ~ ." ~ 'cuP~1-036. PFP-{l[,OOG J;"y-A;b, ~f.. lo/hitCfqfJ'ft Interoffice MEMORANDUM - To: Mayor Robert D. Corrie - (copy) Cc: William G. Berg, Jr.~iginal Exhibit "A"); Sl Wm. F. NiChO~ Tramore Subdivision By: Thomas Development ( 0\- \cS -01- qG ED From: Subject: . .....J' 'AN ,fCF File No. PFP-OI-006 - Amended Page 5 of9 to Exhibit "A" to Findings of Fact and Conclusions of Law and Order of Conditional Approval of Preliminary/Final Plat Date: May 23,2002 Mayor Corrie: I received a letter from JoAnn Butler requesting a slight revision to Exhibit "A" on page 5 of 9 at number 14 for Tramore Subdivision PreliminarylFinal Plat Findings. Ms. Butler wanted number 14 to clarify that the tiling of the ditches pertained to only Lot 1, and not Lot 2 which is not yet developed. The applicant is only developing Lot 1 in the subdivision. The attached Exhibit "A" addresses that issue, and therefore can just be attached to the approved Findings of Fact for the Preliminaly/Final Plat for Tramore Subdivision. The only revision to Exhibit "A" appears on page 5 of 9 to the exhibit at number 14, so that now it reads as follows: "With the exception of Lot 2 and the Nine Mile Drain, all existing irrigation/drainage ditches crossing the property to be included in Lot 1 of this project, shall be tiled per City Ordinance 12.4-13 A. 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." These changes do not change anything that was approved by the Council, it just clarifies that only ditches in Lot 1 have to be tiled. Please serve another conformed copy of the FINDINGS with this revised Exhibit "A", which replaces the current Exhibit "A", upon the applicant, with a Certificate of Service in the file, and conformed copies to the Planning and Zoning Department, Public Works, and the City Attorney. If you have any questions please give me a call. Z:\Work\M.\Meridian\Meridian ] 5360M\Tramore Sub PFPO 1-006 CUPO] -036\BergPFP006MEMO] 1602.doc ! t,')Dcrt U. l..0n:le _/:/. aTY cotJp.;QL ME..\ffiERS . \ton <\ndccmn . ~idl Bird Tammy tieWeerd Cleric .\fcGmdless ~ITY OF 11ERIDLill 33 EAST IDAHO IvlERlDL\.L'\J.1DAHO 836-J.2 (~B) 338-4433. F.-LX(::03) &'!7~'ltJ at}' Oeck Office Fu: (.:03) 3Ss...+~13 (:03) :lSll.:m . Fu ::88-::.50l Pl:13UC WDRKS Bl1lDl}\i"G OEP:\,RTI.lENT (:03) 887-:11' E'u 337-l297 PUNNiNG _-\ND ZONn-lG DEP-,\.R.ThlENT (:OS) 884-5533 . F.-LX 883-685<1- MEl\tfORANDUM: To: From: Re: October 3.1,2001 1rIayor, City Council and Planning & Zoning Commission . RE C E I'VE D Brad Hawkins-Clark, Planner ~\:\c:... ~ Bruce Freckleton, Senior Engineering Tech ~ NOV 0 1 2QOt City Of Meridian Tramore Subdivision & Senior Community City Clerk Office ~ Request for Conditional Use Permit for a 72~Unit, Three-Story Apartment Complex on 4.30. acres. in an L-O Zone by Thomas. Development Co. (File CUP-01-036). . ~ Request for PreliminarylFinaI Plat of 2 Building Lots. on 10.00 acres in a L-Q Zone by Thomas. Development Co. (File PFP-Q1-006). We have reviewed this. submittal and offer the following commentst as. conditi.ons of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICA nONS SUMMARY The applicant, Thomas Development Company, has applied for a Conditional Use Permit (CUP) and PreliminarylFinal Plat approval of a 100acre parcel of land, located on West Pine Avenue. The applicant's PreliminarylFinal Plat request, if approved, will split the existing IO-acre parcel into two (2) building lots, including one flag lot. The lots are separated by the Nine Mile Drain and its associated lOO-foot wide easement. The plat is technic?lly a resubdivision of portions of two existing lots in the West Lawn Subdivision. The CUP proposes to construct one (1), three- story, 72-unit senior apartment complex .on the north-lot with Pine Avenue frontage. 'No use is proposed at this time for the lot south of the Nine'Nfile Drain. The subject property is currently zoned Limited Office (L-O) and no rezone is proposed. The Applicant voluntarily held a neighborhood meeting with surrounding property owners earlier this year and conducted a traffic study on the impact of the development. While Staff is recommending approval of both applications, we are recommending the Commission delay a final decision until the Applicant resolves the driveway location ~th ACHD (see Recommendations below). NOTE: There were two (2) different detailed plans submitted in the meeting packets for the senior apartments lot. One was labeled uTramore Apartments Site Plan" and dated 1-11-00 and the other dated 7-13-01. The CUP comments below address the 7-13-01 plan. Please disregard the 1-11-00 plan. - LOCA nON The subject parcel of land is located on the south side or W: Pine Avenue, approximately 950 feet east of Linder Road. The property is east of and adjacent to the Sunbridge Rehabilitation and CUP,ot0436. Pl'P -01-006 f10h. 'b.-f l-tA I( / of 0; T_ StlbdMtian ~I _ ._uu...~ ~ ....vluu5 '-'VUUUl;:>i:>lUUI !Yli1YUL " \...tlY l..ounCll October 31,2001 Page 2 Living Center and is bisected by the Nine Mile Creek. The property is designated as "Existing Urban" in the Comprehensive Plan. STJRROUNDlNG PROPERTIES North: Six (6) single family residential homes in the Navarro Place Subdivision, zoned R-4. South: Union Pacific Railroad immediately south and a 24-acre, vacant parcel south of the railroad, zoned RUT. East: A 7.S-acre, vacant parcel, owned by Fiscal Funding, Inc. (a SanFrancisco, CA firm), zoned L-O. West: Sunbridge Rehab Living Center, zoned L-O. CURRENT OWNERS OF RECORD Western Sky Development, Inc., represented by Stephen R. Lile, is the current property owner of proposed Lot 2, and Sunnyridge Associates, represented by Robert R Angell, is the property owner of proposed Lot 1. Both owners have submitted consent for the subject applications. PRELIMINARY PLAT FINDINGS AND REQUIRE1\f.ENTS Sections 12-3~3 1.2. and 12~3-5 D read as follows: "In determining the acceptance of a proposed subdivisio~ the Commission/Council shall consider the objectives of this title and at least the following: a. The conformance of the subdivision with the Comprehensive Development Plan; Staff finds the proposed PreliminaryfFinal Plat to be in conformance With the Comprehensive Plan. b. The availability of public services to accommodate the proposed development; , Staff finds that public services are readily available'to the lots within the proposed subdivision, provided changes as may be required by. the Public Works and Building Departments are made. . c. The continuity or the proposed development with the capital improvement program; Staff finds that the subdivision is in accordance with the current capital improvement program. d. The public financial capability of supporting" services for the proposed development; Staff finds that the development will not require public expenditures for supporting services in excess of acceptable, standard levels. CUP-l1l..036, PFP-lll.oo& Exh,-hif "A '/ d. o-P CJ T_ SubIlivisian // /l - .. - - -- ... 11., _vv,&, Page 3 e. The other bealth~ safety or environmental problems that may be brought to the Commission's attention. Staff finds that there are not any other health, safety or environmental problems associated with this subdivision that should be brought to the Council or Commission's attention beyond any raised by the Health Department, N1tfID or other public agencies. The Nine NfiIe Drain is a significant natural feature that should be protected through standard stonnwater and run-off management practices. We have reviewed this submittal and offer the following commeDts~ as conditions of the application. These conditions shaJl be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: . PRELIMINARYIFTNAL PLAT .- SITE SPECIFIC COlvf1.1ENTS Landscaping & Fencing 1. The Landscape Plan submitted with the PreliminaryIFinal Plat application (Sheet LD.1, dated 7/12/01) is not approved. The following modifications and/or new information needs to be submitted: a) The submitted plan only includes Lot, Block 1 (north lot). While Lot 2 is not proposed to be developed at this time, subdivision perimeter landscaping is required by Ordinance 12~12-7.3. Applicant must submit a revised landscape plan showing perimeter landscaping adjacent to the UPRR right-of-way. Ordinance 12..12-9.9 requires a minimum 5-foot wide landscape buffer with one (1) tree planted per thirty-five (35) lineal feet. b) The submitted plan includes five (5) conifers in the Pine Avenue street buffer, all of which will have to be replaced with a deciduous variety to comply with Ordinance 12-12-4.2. Revise plan accordingly.. c) Ordinance 12-12-8.2 requires a minimum five~foot wide perimeter landscape strip along all lot lines that are adjacent to vehicular use areas. Applicant must submit a revised plan showing a perimeter landscape strip, planted with one (1) tree per thirty- five (35) lineal feet, along the west boundary of the entry drive, from Pine Avenue south to the north easement line of the Nine :Mile Drain. Upon development of Lot 2, Block 1, the 5-foot. wide perimeter landscape strip must extend the full depth of said lot or other landscaping as may be required at the time of development. d) The proposed landscaping between the south end of the parking lot and the north Nine Mile Drain easement lies within the future 20-foot wide City of Meridian . sanitary sewer ea,$ement. Applicant must submit a revised plan that does not show any trees within'this 20-foot easement. Shrubs .and groundcovers are permitted outside the area of the access road. Fifteen (I5) copies of the revised landscape plan shall be submitted to the Planning and Zoning Department. staff for a review of completeness prior to the P&Z Commission hearing. 2. Per Ordinance 12-12-7.3, the Pine Avenue landscape buffer must be placed within a common lot. The proposed buffer width meets the minimum 20 feet, but the plat does not sh<;>w it ClJP.oI-036, PF?~I.oo~ T_ sl1lxlMaion EddJ:f ''f}" 30PCJ /! October 31, 200 I Page 4 within a separate common lot. However, as proposed in the CUP application, the northwest corner of the apartment building will not meet minimum front building setbacks if a landscape common lot is added. The Applicant must submit a Variance application at least .20 days prior to the City Council hearing to either allow the front building setback to be calculated from the right-of-way line (if a common lot is added) or to allow the Pine Avenue landscape buffer to be placed within a landscape easement. Since the landscape frontage is only on Lot I, Staff would recommend approval of the variance request. 3. No fencing is proposed as part of the application. If the Applicant intends to install any pennanent fencing within the subdivision, fencing details must be submitted at least 10 days prior to the City Council hearing. Details shall include height, construction materials and exact location(s). If no permanent fencing is provided, temporary construction fencing to co~tain debris must be installed around the perimeter of the building lot prior to the issuance of a building permit. N 4. Per Ordinance 12-12-10, any existing trees Vlithin the subdivision that are 4" caliper or ~ greater that are removed from the property shall be replaced by installing additional trees, \ being the equivalent number of caliper inches of trees that were removed. ~ , 5. All required landscaping and fencing (should the Commission or Council require it) shall be ...... installed prior to the issuance of a Certificate of Occupancy for any building on either lot in - the subdivision. A letter of credit or cash in the amount of 110% will be required for these . ~ improvements prior to the City's signature on the Final Plat. ~ J Traffic / Vehicular . ~ 6. The Preliminary Plat does not show curb, gutter or sidewalk along either side of the flag \; portion of Lot 2 (entry drive). North of the Nine Mile Drain north easement line in Lot 2, the Applicant shall revise the Preliminary Plat to include cure, gutter an& landscaping 'on the ~ west side of the lot and curb, gutter and sidewalk on, the east side of the lot. This will ~ accommodate both vehicular and pedestrian connection acr.oss the drain in the future. ~ 7. No details were included in the ~pplication regarding provision of a bridge across the Nine ~ :Nfile Drain. Any future use of Lot 2, Block 2 is dependent upon this access/crossing, both for t vehicular access to Pine and to acco,mmodate a sewer line extension. The bridge crossing, Q both north and south touch points, will fall entirely within the boundaries of Lot 2 (the flag lot). Typically, such bridges, if publicly owned right-of-way, are constructed or bonded for through ACHD's Trust Fund as a condition ofa Final Plat. However, if the plat is approved with a private drive and a private bridge, ACHD will not receive or hold such bonding. If the City made the bridge a condition of the plat, Ordinance t2-5~3 does grant authority to the City to require and hold financial guarantees for private improvements. Staff recommends. the Applicant make a written commitment to the City as to when the private bridge will be constructed and the general terms of which property o'Nner(s) will be responsible to fund the bridge construction. In addition to including the Applicant's co~tment as a condition of the Final Plat, a condition of the final Plat shall be that a vehicular bridge must be constructed prior to the issuance of a building permit for Lot 2, Block 1. CUP-llI-ll:l6, PFP ~ 1-OIl. TI2lI1<ll" Slll>dMli(lI\ Gttf;4 'j; tf f;t:} ,( 1( oP 9 _ 1/.. ./"/ . / . " ': .... - October 3 l, 2001 Page 5 -.--_____..~....*'__Jv" ""'"'-' '-'l~J \"'UU!lt..-U 8. Due to the potential westward extensions of W. Idaho Ave. and W. Broadway Ave., which currently stub to the west property line of Tremont Subdivision approximately 600 feet to the east of subject property, Staff recommends a vehicular access point be preserved along the c-J east property line of Lot 2, Block L Staff does not foresee a public street dedication within Ci Tramore Subdivision, but we are recommending the layout/design of Tramore~ . ~ account the possibility of accessing a new, future public street adjacent to it oundary. ~ (please refer to the attached conceptual drawing.) This will allo mgress/egress points ......... for Lot 2 rather than a single access to Pine Avenu roving overall connectivity and 2. emergency accessibility. Staff recommend rtion of the Tramore Subdivision Final Plat be that Lot 2, Block 1 shall e a minimum 25-foot wide vehicular access drive at a _ point on its east r me, south of the Nine Mile Drain easement, for a second, future ,- access t IC street. If W. Broadway Ave. is not extended in the future, said condition ,!( ""(Jv/Je eme/'jq,t1GY a.~ceS.s CtS qtft"t:'J~J by ~ Fire.. fk.f"V+;4'1e~ 9. All parking shall be retained on-site for all buildings and businesses within the subdivision. All parking and areas of circulation on the tlNo lots shall be paved, striped, and meet minimum dimension requirements and number of stalls as per City Ordinance. Handicapped parking must meet the standards of the Americans with Disabilities Act. Public Works 10. Sanitary sewer and water service to this subdivision will be via existing gravity sewer and water mains located in adjacent developments. Applicant will be responsible to construct mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. 11. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for ail off-street parking areas. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication, "Catalog of $.tonn Water Best Management Practices for Idaho Cities and Counties" and City of Meridian standards and policies. Off- site disposal into a surface water is prohibited unless the jl.1;risdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicam is responsible far filing all ,necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells on the Final Plat. 12. Assessment fees for water and sewer service are determined during the building plan review process 13. Graphically depict the 20-foot wide sanitary sewer easement In favor of the City of Meridian along the southern boundary of Lot 1, Block 1. Applicant shall be responsible to construct an (8") eight-inch di~eter sewer main within said easement to the east boundary line. A minimum 20-foot 'Wide access road shall also be required over said s~wer main. \ Lor J..O-nri . 14. With the exception oflthe Nine 1vIile Drain, all existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 124-13.A." Plans 'Lot I ot- - : CUP-Gl.IJJti, Pl'1'~I.OO6 T=",.. SubdMsion E)GIu-h,~fl1f" 5" o-P9 d s: !) ~ V ..:t--- . .. 'J ~ ~ ~ 'U \& '.. ~ ~ qC // .. - - - "'"' Page 6 will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written corrfumation of said approval submitted to the Public Works Department. 15. Please add or revise the following Final Plat Note(s): (1.) '" applicable zoning and subdivision regulations... (2.) .., building permit. IlS established spccificnlly for the R 1 C zone (3.) DELETE (5.) .... as ShOVl'U hcrc0fl. unless dimensioned otherwise. (6.) DELETE (8.) DELETE (9.) DELETE (10.) .. . Idaho Code. or its provisions that apply to irrigation rights. (11.) DELETE (12.) DELETE (14.) A twenty (20) foot wide pennanent sanitary sewer easement in favor of the City of Meridian is located along the southern bOlmdary of Lot I, Block I. (15J A one-hundredfoot (100') wide existing Nampa Meridian Irrigation District easement is located along the Nine Mile Drain as shown. (16.) The owner of each lot, across which passes an irrigatiowdrainage ditch or pipe, is responsible for the maintenance thereof, unless such responsibility is assumed by an irrigation/drainage district. (17.) The bottom elevation of structural footings shall be set a minimum of 12-inches above the highest established nonnal ground water elevation. (18.) As depicted on FIRM Panel 231, portions of this subdivision lie within the 100 and 500 year floodplain. 16. Change the description of the easement symbol in the plat legend to read "Public Utilities, Drainage, and Irrigation Easement" 17. Revise the owner's names in the Certificate of Owners. . PRELl1vfINARYIFIN'ALPLAT -- STANDARD REO~S 1. Any existing domestic 'wells andLor septic systems - within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic pwposes such as landscape irrigation. 2. Please submit a copy ofllie Ada County Street Name Committee's final approval Jetter for the subdivision name, lot and block numbering. Make any corrections necessary to conform. Assessment fees for water and sewer service will be determined during the building plan review process. 3. Coordinate fire hydrant placement with the City of Meridian PubJic Works Department. 4. Execute the Certif\cate of Owners and its accompan.ymg A.cknowledgement. ClJP,oI-llJO, fFP -ll\.006 T=subdMilon E~h,oblr '/J II .6orF-9 /I ucrooer.) 1, LUU1 Page 7 5. Two-hundred-fifty 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. 6. Underground year-round pressurized irrigation must be provided to all landscape areas on site. Please submit hook-up and design details based on the proposed landscaping. Due to the size of landscaped area, primary water supply connection to the City's mains will not be allowed. Applicant shall be required to utilize any existing surface or well water N for the primary source. If City water is proposed as a secondary source, developer shall '(j be responsible to pay water assessments for the entire common open area. ~ 7. Please address, in written fonn, all above-mentioned items and submit to the City Clerk's office by 12:00 P.M. of the Friday prior to the scheduled meeting of the Planning & - Zoning Commission. Prior to development plan approval, three copies of the revised plat must be reviewed by the Public Works Department for compliance with all conditions or plat approvaL . ~ J . ~ I PreliminarylFinaI Plat Recommendation Staff recommends approval of the Preliminary/Final Plat application with the above-mentioned conditions.; . . boundary be relocated to the east. This will impact the entire confiQU e CUP Site Plan as well as force a fe-design of the sewer. Staffr e Commission withhold any final approval until this issue is re een the AppUcant and ACED and the City receives a Prelimina . utility plans) and CUP Site Plan that complies with ACED's driveway '1 ~ ~ ~ . .. v ~ ~ CONDITIONAL USE PERMIT - STANDARD REOffiREl\tfENTS 1. Off-street parking shall be provided in accordance with. the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 2. Paving and striping shall be in accordance with the. standards set forth in the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requiremen~s. 3. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall De 5Ubrnitte~ to the City Engineer for all off-Street parking areas. All site drainage shall be contaIned and disposed of on-site. 4. Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas or the traveling public in accordance with City Ordinance. 5_ All signage shall be in accordance with the standards' set forth in Ordinance 11-14 or as specifically approved. No temporary signage, flags, .banners or flashing signs will be permitted. . CUP.o \.036, Pl'l' -(11-006 T_ SllbdiviJian E:ch/IJ/I- ItA 81 7 of 9 ./ }' _ '-"--"i:;l _ ........,....Ue, ........"u~U;);:,IUU/lV1.4yUt (X. \...11:Y L.oune!! October 31, 2001 Page 8 6, Provide five-foot wide pedestrian walkways in accordance with City Ordinance. 7. Screen trash areas on at least three (3) sides. Coordinate screened trash enclosure locations and construction requirements with Sanitary Service Company and provide a letter of approval from their office prior to applying for building permits. 8. Per Ordinance 11-17-4.B., a conditional use permit, when granted. shall be valid for a maximum period of eighteen (18) months unless othervllse approved by the City Council. During this time, the pennit holder must acquire building permits and commence the construction of permanent footings or structures. Time extensions are allowed per the ordinance. CONDITIONAL USE PERMIT -- SITE SPECIFIC REQUIRENfENTS 1. Handicap parking, associated signage and building construction shall meet the requirements of the Americans with Disabilities Act (ADA) and the Fair Housing Act (FHA). By the architect or engineer's stamp o~ plans, they must certify that all construction meets ADA and FHA Standards. It appears at least one (1) additional handicap parking stall is required to meet ADNFHA minimum standards. 2. Ordinance 11-13-5.B. requires a minimum of two (2) parking stalls per dwelling unit for multi-family residential uses. This would require a minimum of 144 on-site parking stalls; only 111 stalls are provided (33 stall deficit). Approximately 1.5 stalls per unit are provided. Senior apartment complex units are not specifically addressed in the ordinance and may b"e considered a less intensive use than standard multi-family units. Tramore is proposed to have 52 one bedroom units and 20 two bedroom units. As such, there may be justification to allow a reduction under this CUP process. The Applicant should address anticipated parking need~ as part of the written, r~sponse to this memo and the Commission/Council may allow a reduction if 11.1 stalls are deemed sufficient. Allowance for visitor spaces shou~d be taken into consideration. 3. As a condition of the CUP, Staff recommends a minimum 5-foot wide pathway be constructed along the :Southern boundary of the subject lot, extending from the eastern property line to merge with the required sidewalk along the east boundary of the entry drive. The pathway will provide an extension of the pathway already constructed approximately 580 feet east in the Tremont Place Subdivision. The pathway may be constructed either within'the Nine Mile Drain easement or outside but shall be in general alignment with the Tremont pathway. .. 4. No sidewalk is currently shown adjacent to the main entry drive along the west side of the parking lot. The Site Plan should be revised to reflect the PreliminarylFinal Plat requirement for either an attached or detached oS-foot wide .sidewalk along the east boundary ofLot.2's flag portion. 5. Staff recommends a future, 25~foot wide vehicular access point be preserv~d at the Cl.lP..oI.o~. PFP -41.006 T_ Sub<livision E;d;/b/i (11 l/ f of. Cj ~~;~!--!ClUV""'j oJ l, ...VV l, . ~ :'::Page 9 _-".;"l" southeast corner of the apartment complex lot for a possible private connection to Idaho Avenue in the future (see attached conceptual drawing). Until such time as Idaho is actually extended, we do not see the need for the Applicant to actually construct a driveway to the eastern boundary, However, should the Idaho Avenue connection be possible in the future, Staff recommends a condition of the CUP for Lot 1, Block I he that a vehicular connection must be made and the parking lot re~designed to accommodate a new driveway from the southeast comer of the lot to the east property line. 6. The northwest comer of the apartment building is currently shown at a 2D-foot building setback from the north property line. Ordinance 11-9-1 requires a 30-foot front yard setback on Collector streets in the L-O zone. The Site Plan must. be revised to meet the minimum 3D-foot setback distance. It appears there is at least 10 additional feet of buildable land at the south end of Lot 1, so this requirement should not require a variance. 7. The Site Plan proposes a 20-foot wide street section/access point within the 50-foot wide cross access easement (hatched). Ordinance 11-13-4.F. requires a minimum 25-foot wide driveway width. Revise Site Plan to comply. N ~ ~ 8. The elevations, color and construction materials for the two, 6~bay storage units in the parking lot shall compliment the design and materials of the apartment building. 9. I Assessments for sewer and water service are determined during the building pennit ~ application process. ....... 10. ...... Four modifications to the Preliminary/FinalPlat Landscape Plan (Sheet LD.I, dated 7/12/01) are required per Condition #1 under "PreliminarylFinal Plat - Site Specific." In _ addition to those changes for the plat landscaping. the following modifications must be · ~ made to the CUP Site Plan: ~ ~ ~ \.J a. Ordinance 12-12~8.3.C requires an internal planter island every twelve (12) parking stalls. The proposed Site Plan has several groupings of parking stalls that exceed this maximum number of contiguous stalls. The Site Plan (Sheet 1 of I, Preliminary Plat) and Landscape Plan shall be revised to comply with this ordinance. ;" CUP Recommendation Staff recommends approval of ~e CUP application, with the conditions noted above. The 9-28~ .1 00 report from Sunnyridge Associates demonstrates a clear market demand and community need ~, , ~ for this service, which Staff strongly supports. " · . I.\J proposed entry drive along the west boundary be reloca'ced to the east. .. pact the entire Q configuration of the CUP Site Plan as well as fore . 0 the sewer. Staff recommends the Commission withhold an v until this issue is resolved between the Applicant and ACHD . y receives a Preliminary Plat (with ufility plans) and CUP Site Plan that ClJP-(lJ.QJ6, PFP .-(IJ.006 Tr.mlotll subc!ivi:l\Qn ftxlt,~b,'-f lllt It 9oP<:J 'f- >-.... . . U ~ ~