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HomeMy WebLinkAbout2002-07-16 Meridian City Council Regular Meeting July 16, 2002 The regular meeting of the Meridian City Council was called to order at 6:35 P.M., Tuesday, July 16, 2002, by Mayor Robert D. Corrie. Members Present: Mayor Robert Corrie, Tammy de Weerd, Keith Bird, Cherie McCandless and William Nary. Others Present: Bill Nichols, Gary Smith, Shari Stiles, Brad Watson, Mike Worley, Will Berg, Ken Bowers, Tom Kuntz, and Dean Willis. Item 1: Roll-call Attendance: Roll call. __X Tammy de Weerd _ X__ Bill Nary __X Cherie McCandless __X Keith Bird __X Mayor Robert Corrie Corrie: Okay. I will open the Meridian City Council regular meeting agenda for Tuesday, July the 16th, 2002, at 6:30 p.m. I want to thank everyone for being here this evening. Let's have roll call, please, Mr. Clerk. Item 2: Adoption of the Agenda: Corrie: Okay. Thank you. Item No. 2 is Adoption of the Agenda. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I would move that we adopt the agenda as noted, with the addition in the Consent Agenda of Item M, which is the retail agreement, the -- yeah, Retail West, the agreement with Retail West on the Ten Mile Exchange Survey -- Interchange Survey. And on the Consent Agenda we'd like to pull Item E and make it 5-E and Item J, make it 5-J for discussion. With that I'd move that we adopt the agenda. De Weerd: Second. Corrie: Motion has been made and seconded to adopt the agenda with the noted changes. Is there any further discussion? Then all those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 3: Consent Agenda: Meridian City Council Meeting July 16, 2002 Page 2 of 89 A. June 24, 2002 Approve minutes from City Council Regular Meeting: B. July 2, 2002 Approve minutes from City Council Special Meeting: C.July 2, 2002 Approve minutes from City Council Regular Meeting: D. Findings of Facts and Conclusions of Law for Approval: AZ 02-008 Request for annexation and zoning of 5 acres from RUT to L- LDS Stake Center O zones for the proposed by Lombard Conrad Architects – 2515 W. Ustick Road: E. Findings of Facts and Conclusions of Law for Denial: CUP 02-011 Request for a Conditional Use Permit for a sports bar with pool tables and Blumacs Sports Bar big screen TV’s in an O-T zone for by Michael McGuinness – 706 East First Street (N. Main Street): F. Findings of Facts and Conclusions of Law for Approval: CUP 02-015 Request for a Conditional Use Permit to renovate existing office and Cole Valley Convention Center into a private Jr./ Sr. High School for Christian Church by Jeffrey L. King – 200 East Carlton Avenue: G. Findings of Facts and Conclusions of Law for Denial: VAR 02-008 Request for a Variance to add one additional sign on a large medical clinic Imaging Center Radiologists and radiology center building by -- 2929 East Magic View Drive: H. Development Agreement: AZ 01-027 Request for annexation and Baldwin Park zoning of 77.9 acres in a proposed R-8 zone for proposed Subdivision by Capital Development Co. – ¼ mile south of McMillan Road, east side of Linder Road: I. Beer and Liquor License Applications by John C. Box for Bill N- Lynn’s Place, 229 West Franklin Road: J. Will Serve Letter – W. H. Moore property: K. White Drain Sewer Trunk Permanent and Temporary Easement -- Quenzer property: L. Resolution No. 02-379: Corporate Resolution for Use of Facsimile Signatures: Corrie: Next we have the Consent Agenda and we have Items E and J has been pulled and to be put on 5-E and J. Anything further on the Consent Agenda? Oh, that's right. And the addition of the Retail West on the interchange -- Ten Mile Interchange Study Report. Meridian City Council Meeting July 16, 2002 Page 3 of 89 De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I move we approve the Consent Agenda as amended. Nary: Second. Corrie: Motion has been made and seconded to approve the Consent Agenda as amended. Any further discussion? Hearing none, roll-call vote, Mr. Berg. Roll-call vote: McCandless, aye; Nary, aye; DeWeerd, aye; Bird, aye. Corrie: All ayes. Motion to approve the Consent Agenda with the changes is approved. MOTION CARRIED: ALL AYES. Item 4: Department Reports 1. Planning and Zoning Department – Shari Stiles A. Update on Preparation of Final Comprehensive Plan / Resolution: Corrie: Item 4 is Department Reports. Planning and Zoning Department, Shari Stiles, update on preparation of final Comprehensive Plan and slash Resolution. Stiles: Mr. Mayor and Council, I just wanted to let you know where we were on the Comprehensive Plan. We had hoped to have it up for a resolution tonight. We did get the copy back from our consultant with changes made. However, there are additional changes that need to be made, clean up typos, and problems with some of the layout of the document. We will be meeting with them next week to make the final changes and would like to ask if your meeting on the 30th, if we could have a special meeting prior to the meeting that I guess you would have with the Planning and Zoning Commission on the 30th, since it is the fifth Tuesday. Not going to have any? Corrie: We already decided on the 2nd. Stiles: Are you not going to have any meeting on Tuesday? Corrie: No. We will have it -- the next meeting will be August the 6th. Stiles: Is that when you -- you want to hold it off that long? Meridian City Council Meeting July 16, 2002 Page 4 of 89 Corrie: It's up to the Council if they want to have a special meeting for that week, we could do that. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: Shari, how long a meeting are we going to have? I don't want to hold it off any longer than that. Stiles: As far as I know it's a formality to adopt the -- what you have already approved through the resolution. The attorney's office said they would like to have a complete final document as it is going to be printed for -- from now on. So we just don't have that available yet. Bird: Could we have it the 23rd ahead of time, say 6:00 o'clock? Stiles: We won't have it ready that soon. We are not meeting the -- Bird: The 3rd will be the soonest you could have it? Stiles: To have it printed, because we are meeting around the middle -- either Wednesday or Thursday next week with the consultant and then we will have to have it printed. Bird: Mr. Mayor, I have no problem with that, as long as everybody else -- Corrie: Okay. Who cannot be here? Nary: I won't be here on the 30th. I mean I'd like to be here for it, but I mean I don't want to wait until -- Bird: We need all of us to be here. McCandless: It's on a Monday? Corrie: No. On Tuesday. The fifth Tuesday. If we want all of us to be here, which I think would be a very good idea, I -- and I'm like Keith, I would hate to put it off, but I think the 6th would have to be that. Nary: Okay. Bird: Can everybody be here? Berg: Mr. Mayor and Members of the Council, if it's just a formality and that's what we are talking about, you have a meeting that you have to attend on the 29th, that Monday, Meridian City Council Meeting July 16, 2002 Page 5 of 89 at 8:30 at Compass on the North Meridian Planning Area, that maybe you could hold a meeting either -- you could maybe hold it at 8:00 o'clock here on the formality of approving a final draft; correct? Bird: Mr. Nary I won't be here. Nary: I won't be here. I mean I hate to wait, but I mean -- De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: If the changes are not material, if they are just typographical and pictures, I don't understand why we could not pass the resolution, unless the attorney needs to have those typos fixed. Is that what's holding it up? Nichols: Mr. Mayor, Members of the Council, what we wanted was the resolution to have attached to it the plan that's adopted and so that in the city clerk's resolution file that's the document that's attached to the resolution. Now just a typographical error change, that's not a change of substance. If there are issues with regard to the layout, that may be -- I mean it's however you want us to do it. Corrie: Okay. I'll just make an executive decision here and go to the 6th of August and we can all be here. Stiles: Thank you. Corrie: Okay. I will need a motion for that, Council, to table that until the 6th of August. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I would move that we table the final Comprehensive Plan resolution until August 6, 2002. McCandless: Second. Corrie: Okay. Motion has been made and seconded. Any other discussion? All those in favor of tabled to the 6th of August say aye. Opposed no. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 5: (Items Moved from Consent Agenda) Meridian City Council Meeting July 16, 2002 Page 6 of 89 E. Findings of Facts and Conclusions of Law for Denial: CUP 02-011 Request for a Conditional Use Permit for a sports bar with pool tables and Blumacs Sports Bar big screen TV’s in an O-T zone for by Michael McGuinness – 706 East First Street (N. Main Street): Corrie: Item No. 5 is the items moved from the Consent Agenda. We will take up E first, Findings of Facts and Conclusions of Law for denial of a Conditional Use Permit for a sports bar with pool tables and big screen TV in an O-T zone for Blumacs Sports Bar, 706 East First Street, North Main. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I had requested to have this item pulled. I simply wanted to bring before the Council to delete on the Findings of Fact Item 7. What the Findings say is another alcoholic beverage of this type in the Old Town area would not help foster a family friendly atmosphere for the downtown area. I know that was part of our discussion and it was a lot of our discussion. My only concern is in the Findings it says we don't really have an ordinance that supports what that means, what family friendly means, and I don't -- certainly don't want to give an opening to a district judge to find some reason to overturn, plus there is plenty of other reasons in our findings to support that decision, so I wanted to ask if we should simply delete No. 7 to tighten up the Findings a little bit to make it so that it's less attachable, I guess, by another party. Corrie: Okay. Any other discussion? Okay. If you want to make that a motion that we can -- Nary: I would, therefore, then, move to approve the Findings of Fact and Conclusions of Law with the amendment of the deletion of Item 7 of the findings for the denial of the Blumacs Sports Bar. Bird: Second. Corrie: Okay. Motion has been made and seconded. Any further discussion? Hearing none, roll-call vote, Mr. Berg. Roll-call vote: McCandless, aye; Nary, aye; DeWeerd, aye; Bird, aye. Corrie: All ayes. Motion is carried. MOTION CARRIED: ALL AYES. J. Will Serve Letter – W. H. Moore property: Meridian City Council Meeting July 16, 2002 Page 7 of 89 Corrie: The next item is Item J. This is a Will Serve letter by W. H. Moore property. Mrs. de Weerd. De Weerd: This, as well as I believe three other properties, were items that we discussed that needed changing on our land use map for our new Comprehensive Plan. We had adjusted that land use map to reflect the changes that have been discussed at Council and then we added it back in with the impression that these needed to come in front of us for application. In looking at some of this correspondence, it suggests that two of these are being built with -- at Ada County without those applications. I just wondered what is the process we want to follow with this and -- with changing our area of impact. Do we want them to apply and do a Public Hearing there? Is the Public Hearing satisfactory just at Ada County? Do we need to -- if we are going to meet on this application, can we not clean up the rest of the properties with Yorgason, the one south of the freeway -- I can't remember whose that is. And Cavin? You know, what is the process we want to follow here? Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: This Will Serve is for property that's in our impact area, except for -- De Weerd: That one piece. Bird: -- just one little piece up there and that's the -- and I am under the understanding that these others have been -- and I don't know what -- I'm like you, Tammy, I don't know what the procedure is to get these transferred from Meridian's impact area to Boise -- from Boise to Meridian. This is strictly a letter that says when we get the sewer to you that we will let you hook up to it and then once we get within annexation area, you will annex. This don't have any -- this letter here don't have anything to say about the other being between Boise's impact area and our impact area. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I guess I just opened up the question of procedure and how we were to going deal with the other ones. Also in this letter it suggests that because they have agreed to annex as a condition of receiving city water and sewer, do they -- are we asking them to annex first? Are we going to help them find an annexation route? Or are we going to have the service out there without annexation and then we lose the application fees, the right to inspect, and some of those issues that we had talked I think over a year ago as those were major concerns. So this is the first we have really had an opportunity to discuss it, so I just wanted to have these items on the table, so we can follow a protocol for the other applications that could be coming if they are required to apply. Meridian City Council Meeting July 16, 2002 Page 8 of 89 Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: We have already -- the South Slough we have extended it out there and once we get it out there I for one have no problem serving the property if they give us a letter of intent to annex when it's available to annexation. We do get the use of the hook-up fees and the monthly and I agree with you, we don't get the building fees and stuff like that, but it helps pay for the -- by the hook-up fees and stuff it helps pay for us to get the sewer and water out there. So I, for one, am in favor of signing these agreements. We have already signed these with a couple of previous subdivisions that we have had to run up lift stations and stuff to serve up north of that area. So I for one am in favor of doing that and I was a year ago when we discussed it. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: As to the new annexation -- well, I don't know if it's necessary anyway, because under the new annexation law once they do hook to the service we can annex it anyway. So I don't know if we need to put -- just to make it more muddled, I had a conversation with Don Hensley from Boise city public works department and he had also offered that -- maybe to answer Councilwoman de Weerd's question that there probably is -- does need to be some discussion with the public works staff or us and the public works staff of Boise to maybe resolve some of those issues that are along the borders between two cities, that serviceability and which should properly be in Boise's impact area and which in Meridian and vice-versa and I haven't had a chance to tell you, Gary, but he had mentioned that to me that that really made sense to him and I said I'd bring it to you to address that at some point. Smith: Thank you. Corrie: Well, I think what we need to do is we have to have our Council approval, Boise's council approval for the exchange of the area of impact and also the Ada County Commissioners. So I was trying to set up a meeting the 22nd of this month between the Ada County Commissioners, us, and Boise and make that change that we want to do that for that property up at -- Yorgason's property and also for this property and then if you wanted to do the north -- the northeast corner of Ustick and Eagle you could do that, but I would imagine the time that this gets all done the annexation will probably be there before they would even want to build anyway. We will have the sewer and water available by that time as well. So we can service it, I'm just concerned that I don't want to get into a match with United Water where they can and then they get it and they are not going to relinquish that at all, so -- De Weerd: Does Shari have something? Meridian City Council Meeting July 16, 2002 Page 9 of 89 Corrie: Are you waving at me, Shari? Stiles: Mr. Mayor and Council, there is a process they need to go through. Boise city does it through a zoning ordinance amendment; Cavin has already submitted that request to Boise city for the northeast corner of Ustick and Eagle. He's also submitted to us a miscellaneous application for the impact area change on his property, so we are running through public hearings on both sides and then would need to meet with Ada county once that's an official action by the Council. Corrie: So we would need a Public Hearing on Yorgason and also W. H. Moore's request, Shari, or can we -- Stiles: That's what we are telling the applicants in order to be consistent at least with the surrounding areas and I think they should go through a process with the Public Hearing and not just make it a meeting where you sit down with them and make some decision out of the public forum. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: This has -- this letter has nothing to do with -- this letter has absolutely nothing to do with whether it's in the Boise or Meridian impact. The biggest share of this land is in the Meridian impact area. This is a letter to ask us to serve once we get the sewer and water out there, which we will have out next year. That's all that is. The other process we have to go through a different -- it's a different process altogether. This is a Will Serve letter. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: So we have two different issues on the table right now. One is the Will Serve letter, which I don't have an issue on, but I do agree with Councilman Nary that our public works staff for Meridian and Boise should get together and find out who can best serve these properties. That doesn't influence this one, but I do think that's necessary before we meet with the county and the city of Boise, so we kind of have our ducks in a row and on the second issue, we have four pieces of property that were affected on our land use map, three of them that would be transferred over to Boise city's area of impact and one which is Winston Moore's that would be transferred into the City of Meridian. Those, as I understand it, need to go through an application process both from Boise and Meridian and the county, so they will have three separate public hearings. Stiles: I'm not aware that Ada county does a Public Hearing, but -- Meridian City Council Meeting July 16, 2002 Page 10 of 89 De Weerd: Okay. So they need a Public Hearing in Boise and one in Meridian. As long as we are consistent and we ask that of all the applicants, then that's how we should proceed, but I just wanted to be clear that we do have a process and that staff should get together to discuss the advantages and make sure our staff and Boise staff are all on the same page as well as to how those properties could best be served. Okay. Well, with that I will move that we approve the Will Serve letter for the northwest corner of Ustick and Eagle Road through Winston Moore's property and ask the Mayor to update his letter and the date from July 12th to July 17th and send it out. Bird: I second that, but I'd like to add one thing. We need an agreement with W. H. Moore Company regarding annexation when it becomes available. De Weerd: With the new law I don't think -- Corrie: I'm sorry. Mr. Nichols. Nichols: Mr. Mayor, Members of the Council, just a couple things. One thing to remember is what the law is today may not be the law at the same time next year. Nary: That's true. Nichols: And since we are providing service outside the city limits, we can condition that service on agreement to annex when contiguous and if that agreement is made and entered into and recorded, it binds the property and I think at that point, even if the law changes, we still have an argument that any change in the law cannot interfere with the terms of the contract. The contract would still be enforceable and annexation would still apply. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I would move to include that in my motion. Second agrees? Bird: Second agrees. I believe that's the thing that we have out with those other two, isn't it? De Weerd: Mr. Mayor, I would also ask that staff works on finding that annexation route, so maybe in the timing we can actually do the annex and service all at the same time and I don't know what the hold ups are. I'm sure there is a couple of challenges out there, but if we can assist the applicant and make sure that we do this all at the same time, we'd sure clear up some problems. And I'm sure you're trying to do that anyway, Gary. Corrie: I will be happy to explain that. Okay. Anything else? Okay. Motion before the Council. Any additions? Okay. Roll-call vote, Mr. Berg. Meridian City Council Meeting July 16, 2002 Page 11 of 89 Roll-call vote: McCandless, aye; Nary, aye; DeWeerd, aye; Bird, aye. Corrie: Okay. All ayes. Motion is approved. MOTION CARRIED: ALL AYES. Item 6: Swear in two New Police Officers – Meridian Police Department: Corrie: At this time we have the swearing in of two new police officers for the Meridian Police Department and then followed by ICRMP awards for two other officers. So Chief. Worley: Thank you, Mr. Mayor and Council. It's always a pleasure to bring on a couple new officers and I'd like to have the two guys come up here right now and we will talk about them just a little bit. First in the back here, Matt Shriver is originally from Texas, but he spent most of his adult life in Idaho, graduated from Capital High School and then went onto Boise State University as a criminal justice major, also spent six years in the Marine Corps Reserve where he received the select Marine Corps reserve metal and the Navy achievement metal. He, in August of 2001, completed his studies at Boise State with a bachelor of criminal justice administration. Most recently he was working for Sears, but he's now a member of the Boise -- or Meridian Police Department. Old habits getting there, folks. Thirty-two years of saying that, you know it -- but we are very happy to have Matt on board with Meridian. Brian Caldwell is originally from southern California. After high school in Canoga Park started out to be a music teacher, was enlisted in the Army National Guard in southern California as a combat engineer and during the 1994 earthquakes his unit was activated to help with the crowd control and that sort of thing with -- as a result of the earthquake. He spent some time working with law enforcement agencies in the Los Angeles area and became hooked on law enforcement as a career from that. Was accepted to Washington State University where he changed his major to criminal justice and also did an internship with the Department of Corrections and Probation and Parole in the Lewiston office and upon graduation he was hired as a parole and probation officer in Lewiston where he's been employed up to the time that he came to work for us and, again, we are very happy to have Brian on board. So if I can ask the Mayor to come foreword and administer the oath. Oh, excuse me, Mayor. One second. I forgot something. Let me give each one of you a chance to introduce the people that you have here to support you. Matt. Shriver: I brought my fiancee Mary and my stepfather Art, my mom Angela, and my sister Joni. Worley: Thank you. Welcome. Brian. Caldwell: I have my father-in-law Michael Brand and his wife Betsy and my father-in- law's sister Sheila, but my wife is still up in Lewiston trying to gain employment down here, so -- Meridian City Council Meeting July 16, 2002 Page 12 of 89 Worley: Okay. Welcome to you, too. Thank you. Okay, Mr. Mayor. Corrie: Thank you, Chief. (Officers sworn.) Corrie: Congratulations. Worley: Thank you very much. Mr. Mayor, Members of the Council, citizens of Meridian, I'd like to present Police Officer Matt Shriver and Police Officer Brian Caldwell. Item 7: Awards from ICRMP for two officers: Worley: Mr. Mayor, if we can just move onto the next agenda item, I'd like Lieutenant John Overton and Sergeant Wayne Fukes to come forward. These two gentlemen recently attended a course put on by ICRMP that provides insurance coverage to most municipalities for the state of Idaho and I'd like to ask the city clerk to come down and make a presentation from that and explain a little bit of what this entails. Berg: Thank you, Chief. It is my honor and privilege, because I am the risk manager for the City of Meridian. ICRMP, our insurance carrier, provides a training program for risk management and it isn't very often that they have police officers that attend this and go through the whole course of personnel, contracts, policy, and loss control and liability insurance. So it is important that not just one person in the city knows about all these things, but quite a few, and our police department is a very high risk, exposed department, not because of them, but because what they do. And so it is my honor to present Wayne Fukes and John Overton and I want to read this certificate of accomplishment. Presented to Wayne Fukes and John Overton who successfully completed the ICRMP risk management program. This comprehensive training program completed on May 2nd, 2002, is an in-depth study focusing upon the role of public entity risk managers in Idaho. The program emphasizes human resource responsibility, property and casualty insurance, loss control, claims handling, tort reform, Idaho State statutes and contract insurance law. So it is an honor and I'm sure the chief really appreciates you both completing this. Thank you. Item 8: Introduction of Cindy Hill – Meridian Police Department: Worley: Mr. Mayor, Members of the Council, the next agenda item was an introduction of a new employee to the Meridian Police Department. I don't see her here tonight, but let me just talk just a little bit about her. We have been in the process for about the last year of hiring an evidence technician. As the Council is aware and for the citizens' information, one of the things that we have tried to do in the past year is turn over some jobs which have been being performed by police officers, but can be performed by non- sworn personnel, turn those over to those non-sworn people to put police officers back out on the street where they are providing direct service to the public. We have been in the process for about the last year of attempting to hire an evidence technician. It's a Meridian City Council Meeting July 16, 2002 Page 13 of 89 fairly specialized area even from the technician standpoint in that this cataloging and keeping track of all the evidence that comes into a police department can be a daunting task, because of court rules every piece of evidence that comes in, every movement of it has to be tracked, everybody who touches it, has any contact with it, that has to be logged and tracked for what we call the chain of custody. So it is a somewhat complex process. In the process of one not completely successful attempt to bring some people on board and find a candidate, we wound up re-advertising and going with a full-time position and that gave us some benefits to look at some people who weren't necessarily interested in the original part-time position. During this process we also became aware that some other cities in the area had used some of their evidence people, not only in the cataloging of evidence, but also as crime scene investigators, to actually go out and process crime scenes, something that is, again, very often done by police officers, but doesn't have to be. And in this process we were very fortunate to have apply and to select Cindy Hill. Cindy has been in the area of criminal forensics for a little over 15 years. She at one time was the lead technician for the Boise city lab and most recently was working for the state of Idaho. She will be starting next week and Cindy, in addition to knowing quite a bit about the process of chain of custody, is arguably one of the best, if not the best fingerprint forensics people in the state of Idaho. She -- at the budget presentation this morning we showed a little video clip of her work being featured on the Discovery Channel's New Detectives show for her work in a fingerprint comparison that led to the murder conviction of Ben Cusmachev for killing his wife about five years. So with that I just wanted to bring that to the Council's and city's attention that we are very fortunate to get the caliber of people that we are getting now in the Meridian Police Department. Thank you, Mayor and Council. Item 9: Tabled from July 2, 2002: Discussion of water and sewer latecomer agreements with Sundance Company for Silverstone Subdivision project: Corrie: Thank you, Chief. Okay. The next is Item No. 9, which is tabled from the July 2nd, 2002, meeting to discuss the water and sewer latecomer agreements with Sundance Company for Silverstone Subdivision project. Brad, do you want to kind of give us a rundown here and what we have on that. Watson: Thank you, Mayor and Council Members. As you recall from two weeks ago, I had sent a memo to you listing five issues that needed some guidance from Council. I think we only good through about one and a half of those that night. The first one that we seemed to talk about at length was the eligible cost on the water and sewer latecomer request from Sundance Company. I did request in writing from them a more detailed explanation of what a couple of those costs were and they responded also in writing. I put a copy of that correspondence in your box this afternoon. It's not on your computer, if that's what you're looking for. Essentially, the discussion revolves around their claims for a construction manager and general conditions. Sundance's correspondence lists what they include in the general conditions and construction manager categories. Do you have that in front of you or do I need to run through that? Meridian City Council Meeting July 16, 2002 Page 14 of 89 Corrie: That's the one I got this afternoon? Watson: Yes. Corrie: Yes. I have it. Does everybody else? Yeah. Watson: Again, my question originally was whether those should be included in eligible reimbursement costs. The only reason it came up is we have never done that before. Most of the projects that we have done in the past were not of the magnitude of this one. It appears from looking at this correspondence that -- from what I could tell, those items are all needed during the course of a sewer and water construction project. Are there any other questions or things I can clarify on that first issue? Corrie: Any questions from the Council? Okay. Doesn't seem to be right now. Is it your recommendation that we stay the way we have been doing it before, Brad? Or you want to discuss this a little more later? Watson: Well -- and I guess I should have a recommendation and all I can say is these are the things that ordinarily would be included in a construction project of this magnitude. The ordinance, if I can refer back to the ordinance, which I'm not sure if you have the packet from two weeks ago, the only issue is the interpretation of the ordinance and whether I'm getting sideways with that if I include it in the reimbursement agreement. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: You know, Brad, I guess my recollection of the discussion and looking at the ordinance, I mean I don't think what they are requesting is adverse to what the ordinance says. I think it is just an interpretation issue. I guess my thought from two weeks ago was I think what either you or Gary or maybe both of you said, it's just something that's never actually been addressed before, it hasn't been brought up by someone else, so it isn't that we are changing -- I think our concern always is are they consistent with everybody and this is just something that we have never asked to be reimbursed for before. I don't see any reason that -- at least in part of the discussion, maybe at the end of the day in your discussions with them or while we are getting this agreement hammered out, you're able to work out some of these issues, but I don't think it's adverse to this, at least my reading of this -- or I don't think you would be adverse in including it. I recognize what your testimony was the last time and what your statement was, is that what your concern was, again, sending that back to the other people that have to hook onto that, but if it's justified and you can show and they show it to you that it's reasonable in light of the nature of the project, I think that's what you would tell anybody else that has to sign a latecomers agreement, that was what the cost of the project was, this is reasonable, it's in line with our ordinance, we agreed to it, you Meridian City Council Meeting July 16, 2002 Page 15 of 89 want to hook onto the line, that's the way it is. You got to have water, that's the way it goes. I will pay for it. So I guess that would be my view. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: How many other properties were going to be affected by this or participating in it? Watson: Council Member de Weerd, Mayor and Council Members, there are -- it depends on what you look at, the sewer or the water, because they have different service areas. There are dozens of property owners. De Weerd: And have any of them developed or in the process of developing? Watson: There are two projects in the process of developing, Sutherland Farms and El Dorado. De Weerd: Okay. And these property owners are being kept in the loop of this process and what's being recommended and that sort of thing, so this won't be a surprise to them as well? Watson: Council Member de Weerd, Mayor and Council, one of the property owners is very aware of what's going on and has, in fact, from what I understand, reached a side agreement with the Sundance Company. But ordinarily in the course of preparing a latecomer, because there are dozens and dozens of properties, we do not coordinate with them or we don't contact them and tell them this is what we are working on, come in and look at it if you want. There is no Public Hearing notice requirement, so no. I think the second property owner is probably aware that there is a latecomer fee that will be charged, because they couldn't even begin to develop a project until the sewer was constructed, but as to participating and review of that, they haven't. De Weerd: Can those property owners participate at this point so that helps minimize any cost affected by this agreement would be? Watson: I suppose that they can. My attitude on that is that because there are normally dozens and dozens of property owners, if we select -- are selective in who we choose to contact and involve in the process, then those that are never contacted -- it's just a consistency thing. De Weerd: Right. Watson: If there was a Public Hearing notice requirement, then it would make it easier, I guess. Meridian City Council Meeting July 16, 2002 Page 16 of 89 Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I believe that when we discussed this before, that the agreement had all already been agreed upon by one of the -- by the second developer in or had looked it over and was agreeable to that. If I remember, that was the letter we received, Brad, if I remember right. Watson: Council Member Bird, Mayor and Council Members, there was a letter from an adjacent developer who I agreed -- who I believe agreed, at least in principle, to being subject to the latecomer fee and what I have in front of me doesn't list a specific amount. Maybe I don't have the right one. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I think this return letter here and -- in fact, I agree with you, Brad, I think -- you know, you definitely did what we had asked you to go back and get, if there was a cost and make sure it wasn't marked up, but I'm like Councilman Nary, that this is something we probably haven't done, but I don't think that our ordinance tells us exactly -- it's so clear that it tells us that it can't be done this way and I understand where the developer is coming from, I mean he is out this money and I think he's entitled to return on his money, he put the money up to get the sewer out there. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I'm no engineer or anything, but it appears to me that, really, the burden isn't on you, other than your department ends up being the first line people to deal with it, but the agreement has to be approved by us. The next person in who wants to dispute whether or not that was reasonable -- and I think what we would be relying on is what you're going to tell us, like in this issue about the construction manager, that's a reasonable cost for construction. We have built this, that's what it cost us to do it, we would have had to hire somebody, maybe we would have got a couple more low bids, because we are the city, but this is reasonable in light of the market of what you can do or what it would cost to build that project if we would have done it or they did it. Now they as asking to be reimbursed for it. The next person that comes in and says I don't want to pay that, they can come and talk to us and we can say, look, we already made that decision when we agreed to that latecomers, those people put that line in essentially for us, rather than us forking out the money for it they did, we agreed it was reasonable, you want to be hooked to our water and sewer, that's the price you have to pay. Period. And then, really, this isn't -- although, like I said, I know you folks get the first call, but ultimately it's us. So, you know, we have to approve whatever the final Meridian City Council Meeting July 16, 2002 Page 17 of 89 agreement is. If you can't come to an agreement, I guess if that eventually comes to an impasse of some sort with Sundance, I guess you bring it back here and you make your pitch and they can make theirs and we decide this is what we are going to do. But I think that's probably the easiest way to go forward is really it's our ultimate call in approving it and our ultimate call in telling the next party, tough luck, Charlie, pay it or you can't do it, if that's what you want, you have to pay the price. Corrie: Okay. Watson: Unless there are more, I will prepare an agreement that includes these costs and bring it back. Corrie: Thank you. Agree, Council? Bird: I agree. Corrie: All right. You have got your marching orders. Do you want to -- Watson: That's fine. There are four other issues. Corrie: Oh, I'm sorry. There are. I'm sorry. Watson: I wish that was -- Corrie: I'm sorry. I did take all four at one time. So go ahead. Watson: The second one is interest costs -- the construction loan interest cost from the time that was initiated through September 1st of this year projecting out. Again, the question on my part is whether this is allowed under the ordinance of a sewer ordinance, I think it's item number three, a reimbursement agreement may provide for interest to be paid to the sewer user. As I summarized two weeks ago, ordinarily this has been interpreted to mean that the latecomer fee per ERU is increased each year October 1st, according to either the prime rate or some other agreed upon percentage. Sundance's interpretation of this is that the construction loan interest cost are eligible. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: Brad, if we were to have to borrow money to put in a sewer and we don't get it free, it's interest on the project, that's part of the cost of the project, isn't it? Watson: Councilman Bird, I would certainly consider it a project cost. That's not a question on my part, it's just whether the ordinance allows us to do that and if it does allow us to do that, then I'm going to apply it consistently to every other agreement that comes after this. Meridian City Council Meeting July 16, 2002 Page 18 of 89 Bird: Mr. Nichols has -- Corrie: Mr. Nichols. Nichols: Mr. Mayor, Members of the Council, it's my opinion it was referred to in the ordinance as interest after the latecomer agreement is entered into, because the agreement is potential up to a ten year agreement and the previous interest issues in the other agreements are so that the present dollar cost with some interest factor down the road to someone that hooks up in the year nine pays present value plus interest. That does not mean that the interest cost isn't a reimbursable cost, just I would read this portion of the ordinance as saying that's interest on top of whatever number you arrive at, however you arrive at it. That would be my interpretation of the ordinance. So, again, the ordinance doesn't say you can't include interest cost, they approve the cost, approve that part of their expansion of the system, then if the Council chooses to, it can be included. It could be that no one's asked before. Watson: Unless I hear otherwise, I'll go ahead and include this as an eligible reimbursement cost. Okay. De Weerd: Is that correct, Brad? They are only asking for the interest during construction only or is it interest from the time they start construction until the end of the ten years that you're allowed to collect or -- Watson: Council Member de Weerd, Mayor and Council, it's both. They include the interest on their construction loan as their starting principal, plus each year that per ERU would escalate. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I guess the only issue I would have -- and I think I agree more with Mr. Nichols, but one of the things the provision says they can't be reimbursed more than a hundred percent of what it cost them. The interest is something else and I think Mr. Nichols' interpretation is probably the most conservative and yet it still benefits the builder to a degree and may not -- maybe not necessarily as much as Silverstone wanted, but it is benefiting them. If they build it today and you don't hook up for eight years, you still have to pay whatever that fee we determined it would cost to hook up, plus the interest for the eight years you didn't hook up, because you weren't a part of it. Isn't that what you said? Is that right? Nichols: Councilman Nary, Mayor and Members of the Council, my view is if you choose you can take the interest cost through the end of construction, include it as a reimbursable cost, and then on top of that have a reasonable rate of interest, so that down the road someone who pays is on the same footing -- in other words, he gets Meridian City Council Meeting July 16, 2002 Page 19 of 89 back his cost, because if they were to build today and hook up today, he would be made whole today and if he waited until year eight, then there is some interest -- forgone interest on that reimbursement, because he didn't have it to invest or do something else with it. Nary: That's what I just -- okay. Watson: I think I understand. Proceed that way. The third item is the administration cost provided for in the ordinance. It provides for a ten percent administrative fee to be retained by the city for handling the latecomer agreement over the ten-year period. Traditionally, it has been taken out of the principal. In other words, on a 500,000 dollar latecomer agreement, if that was all paid back in the year one, the city would retain 50,000 dollars of it, the develop would get 450,000. That's the way it's been done on every agreement that we have so far. Sundance's interpretation is that we calculate the fee based on 550,000 dollars, they are made whole, they get back their entire principal, the city tacks on ten percent to each latecomer. Again, I think this is an interpretation thing and whatever we decide to do on this one is what I'll end up doing on all of them. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Although we haven't done it that way, I certainly think you can read the ordinance to say that. It doesn't really tell us that it can't be an additional cost passed on, because, otherwise, we are asking the builder to build something to the city's benefit, wait potentially ten years to get all your money back, and at the end you're still out ten percent, plus whatever cost -- I mean part of this is to serve their property, so part of it they have to pay for. So I understand where they are coming from and I don't see any -- I don't think there is anything wrong with doing it that way. Bird: I don't either. Watson: Okay. Okay. Should I move on or -- Nary: Yes. Watson: Okay. Nichols: Mr. Mayor, Members of the Council? Corrie: Mr. Nichols. Nichols: Just a point for future reference. If you're going to add this fee on top, it would be my recommendation that we change the ordinance and come up with some kind of a fee that the departments calculate out that they incur as they collect these fees, because when we take it out of the reimbursement, that's part of our contract and so Meridian City Council Meeting July 16, 2002 Page 20 of 89 that's part of the agreement with the developer that they have made an agreed to live with that. When we impose the fee upon somebody that's hooking up, we need to make sure that it's not a tax and is actually a fee that has a relationship to the actual services that's being provided. Nary: I think that's great. That's a great rational that makes sense and that's fair to everybody. Thank you. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: How soon could that be done? Because we have at least two properties that are in the process of being in that situation as a latecomers fee. Will we be able to collect a ten percent administrative fee without that new language? Nichols: Councilwoman de Weerd, Mayor, Members of the Council, the ordinance simply says the city may charge and may receive. It doesn't say that we have to. So as far as these that are ready to hook up now and pay now and there may not be actually that much to the administrative expense, but the departments that have to do this, the finance department, can certainly give some kind of a cost figure of how much time is spent doing this and based upon a reasonable reimbursement fee we could factor it in per ERU and have it assessed that way. As far as changing the ordinance, it wouldn't take too much to change the ordinance, we just simply take this provision, delete sentence four, or change part of it to say may receive an administrative fee to be set by resolution of the Council. De Weerd: Is this also something we could put in the development agreement that has not come through yet? Watson: Yes. De Weerd: It sounds like, Brad, you have some quick work to be done. Okay. Watson: The next -- the fourth issue is the water latecomer fee. The only reason I'm bringing this to you is that the cost for this water line extension was very high when you compare it to the service area, which is relatively small. If you'll look at table three, it's a couple -- well, do you all have the information from two weeks ago? Table three in there it shows the water latecomer fee at different -- under different scenarios. I think what we are looking at now, since we have gotten through the first three issues, is the bottom right figure of 1,162 dollars per ERU. This is an extremely high latecomer fee per ERU. I'm not sure that I have a question or even a recommendation on this one. I guess I just want you to be aware that when and if an agreement came before you, and Sundance is saying it is really high -- normally they are in the two to three hundred dollar range. De Weerd: Mr. Mayor? Meridian City Council Meeting July 16, 2002 Page 21 of 89 Corrie: Mrs. de Weerd. De Weerd: Brad, perhaps we can revisit this after you have had time to kind of look at it further, because this needs to be solved with the latecomers on the sewer or can this be done separately? Watson: This is the water latecomer agreement. The first three I think is enough to get their sewer latecomer agreement signed by -- De Weerd: Well, we can visit this when you have a recommendation. Watson: The fifth one -- the fifth issue has to do with the well site and, again, trying to wrap this into a latecomers agreement is very difficult. We have never put a well into a latecomers agreement. What they are asking for is reimbursement of the area that we are using for our pump house and this is turning out to be kind of like sewer easements, we never used to have to pay for one, but evidently we are in an era when we do that. They are quoting us a discounted price of five dollars per square foot on 20,840 square feet, for a total land price of 104,240 dollars. If I put this into the water latecomers agreement it's going to escalate up to the point of adding 17,000 dollars or so to every house they build in that area. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: Brad, what was in the development agreement? Usually well sites are addressed in that. Were they not required to provide that? Watson: Council Member de Weerd, Mayor and Council Members, I don't know that they were required to provide it. Way back in the conceptual stages of this project I think we agreed in principle or in concept at the time that we would try to wrap this land cost into a latecomer's agreement, not knowing what the discounted price would be once we got it. Once we tried to push that into a latecomers agreement, like I said, it just becomes huge. Some of the options are spreading it out over a somewhat ill-defined service area and the reason I say that is a well doesn't have a -- doesn't have a boundary on it. It serves all over the place, depending on which wells are on. If we brought something like that to you, it would be different than anything you have seen before, but maybe Mr. Nichols needs to speak to this -- but somewhat -- because of these boundary lines on a latecomer agreement. We can do a lot of things. The long and short of it is they want something in writing that guarantees that they are going to get paid back for this land. Nary: Mr. Mayor? Corrie: Mr. Nary: Meridian City Council Meeting July 16, 2002 Page 22 of 89 Nary: What I did hear you say, Brad, is we didn't require that they provide this well site to provide water for their own property as a condition of approval? Like we would -- isn't that normally the course for most of a residential subdivision and the like, that we have well houses on -- Watson: Council Member Nary, Mayor and Council Members, I think it was required that they provide that. What I don't know for sure is in the development agreement, was -- at what compensation or -- if any. Normally, I think the developers of residential subs where most of our wells are just donate it. I guess kind of a related question is if you do do something that makes this a formal agreement, are appraisals needed? Do we need to do something in order to execute such a document or agreement? I'd hate to work something out, get it all the way to you, and then at the last minute be told that I should have gotten an appraisal and I could have taken care of this outside the Council meeting. The last few days it's been kind of hectic. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: Brad, this five dollars a square foot, is it -- what -- like a Touchmark or areas like that or what have we been paying for it? Watson: Council Member Bird, Mayor and Council Members, like I said earlier, we haven't paid for a well site up to this point. We are in negotiations with the Touchmark people to purchase that well site, too. Bird: Is this in line with what they are asking? Watson: Gary says that they are asking for eight, but that is an existing well, the hole was already in the ground, so I guess there is some value in that. It sounds like from the discussion maybe I need to bring two, three, four specific proposals to you. De Weerd: Yes. Watson: A menu that you can select from and I will look at number four as well. I think I have got enough direction on the first three to at least get started on the sewer latecomer agreement fairly quickly. Corrie: Okay. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. Meridian City Council Meeting July 16, 2002 Page 23 of 89 De Weerd: I guess to bring something back, would Silverstone be subject to the well lot portion of the latecomer's fee as well or are they asking to be excluded from that when you start figuring total cost? Watson: If we brought a water latecomer well land latecomer agreement to you, it would have to have some benefit area, some service area. What I would probably do is take Silverstone's proportionate share out and then divide the remaining cost over that benefit area. So the short answer is, no, they wouldn't be, but they wouldn't be getting a full whatever it was, 105,000 dollars back either, because their proportionate share would be taken out of the reimbursable amount. De Weerd: Okay. Corrie: Okay. Brad. Watson: Thank you very much. Item 10: Ordinance No. : AZ 02-003 Request for annexation and zoning of 3.84 acres from R-1 to R-8 zones for proposed Amberstone Subdivision by Jim Jewett – south of West Cherry Lane and south of North Summertree Way: Corrie: Looks like you have your work cut out for you here. All right. Item No. 10 is Ordinance No. 02-964, a request for annexation and zoning of 3.84 acres from R-1 to R-8 zones for proposed Amberstone Subdivision by Jim Jewett, South of West Cherry Lane and south of North Summertree Way. Mr. Clerk, if you would read Ordinance No. 02-964 by title only at this point. Berg: Thank you, Mr. Mayor, Members of the Council. Ordinance No. 02-964, an Ordinance finding that said land to be known as Amberstone Subdivision located south of West Cherry Lane and south of North Summertree Way and which lies contiguous and adjacent to the city limits of the city of Meridian, County of Ada, state of Idaho, and finding that the owner James Jewett has made a request for annexation in writing to the Council designated -- said land be annexed to the City of Meridian, 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: You have heard the reading of the ordinance by title only. Is there anyone from the audience that would like to have it read in its entirety? Hearing none, Council, any further discussions? Hearing none, I'll entertain a motion on Ordinance No. 02-964. Meridian City Council Meeting July 16, 2002 Page 24 of 89 McCandless: Mr. Mayor? Corrie: Mrs. McCandless. McCandless: I move that we approve the request for annexation and zoning of 3.84 acres for the proposed Amberstone Subdivision with suspension of rules. Bird: Second. Corrie: Motion has been made and seconded to approve Ordinance No. 02-964 with suspension of rules. Any further discussion? Roll-call vote, Mr. Berg. Roll-call vote: McCandless, aye; Nary, aye; DeWeerd, aye; Bird, aye. Corrie: Okay. All ayes. Motion is approved. MOTION CARRIED: ALL AYES. Item 11: Ordinance No. : AZ 02-009 Request for annexation and zoning of 1.00 acre from RUT to L-O zones for the Meridian Fire Department Locust Grove Substation proposed property by the City of Meridian – 3545 North Locust Grove Road: Corrie: Item No. 11 is a request for annexation and zoning of one acre from RUT to L-O zones for the proposed Meridian Fire Department Locust Grove Substation property by the City of Meridian, 3545 North Locust Grove. If the clerk would read that by title only, please. Berg: Thank you, Mr. Mayor, Members of the Council. Ordinance No. 02-965. An Ordinance finding that certain land to be known as the Meridian Fire Station Department -- excuse me -- Meridian Fire Department Locust Grove Substation located at 3545 North Locust Grove Road and which lies contiguous or adjacent to the limits of the City of Meridian, County of Ada, State of Idaho and finding that the owner City of Meridian, Meridian Rural Fire Protection District has made a request or annexation in writing to the Council and that said land be annexed to the City of Meridian and zoning designated Limited Office District (L-O) and declaring that said land by proper legal description as described below be a part of the City of Meridian, County of Ada, State of Idaho, and 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. Meridian City Council Meeting July 16, 2002 Page 25 of 89 Corrie: You have heard the reading of Ordinance No. 02-965 by title only. Is there anyone from the public that would like to have it read in its entirety? Hearing none, Council, if there is no discussion I'll entertain a motion on the ordinance. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I think on my last one I asked Mr. Berg to read all of the ordinance, but tonight I'll just go ahead move that we approve 02-965, request for annexation and zoning of one acre from RUT to L-O zones for the proposed Meridian Fire Department Locust Grove Substation property by the City of Meridian, 3545 North Locust Grove Road and pursuant to Idaho Code 50-902 with suspension of the rules. McCandless: Second. Corrie: Okay. Most has been made and seconded to approve Ordinance No. 02-965, Meridian Fire Department Locust Grove Substation. Any further discussion? Hearing none, roll-call vote, Mr. Berg. Roll-call vote: McCandless, aye; Nary, aye; DeWeerd, aye; Bird, aye. Corrie: Okay. All ayes. Motion is approved. MOTION CARRIED: ALL AYES. Item 12: Ordinance No. : AZ 01-027 Request for annexation and zoning of 77.9 acres in a proposed R-8 zone for proposed Baldwin Park Subdivision by Capital Development Co. – ¼ mile south of McMillan Road, east side of Linder Road: Corrie: Item No. 12, Ordinance No. 02-966. This is a request for annexation and zoning of 77.9 acres in a proposed R-8 zone for the proposed Baldwin Park Subdivision by Capital Development, a quarter mile south of McMillan Road on the east side of Linder Road. Mr. Clerk, if you will read that Ordinance No. 02-966 by title only, please. Berg: Thank you, Mr. Mayor and Members of the Council. Ordinance No. 02-966. An Ordinance finding that certain land owned by J. Ramon and Marilyn Yorgason to be known as Baldwin Park Subdivision located a quarter mile south of McMillan Road, east of Linder Road and which lies contiguous or adjacent to the city limits of the City of Meridian, County of Ada, State of Idaho, and finding that the owner has made a request for annexation 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 Meridian City Council Meeting July 16, 2002 Page 26 of 89 property to the official maps of City of Meridian, Idaho, and directing the clerk of the City of Meridian to file a certified copy of the ordinance and map of the area to be annexed with the Ada County Recorder, Auditor, Treasurer and Assessor and the State Tax Commission of the State of Idaho pursuant to Idaho Code Section 50-223 and Section 63-2215. Corrie: Okay. You have heard the reading of Ordinance No. 02-966 by title only. Is there anyone that would like to have it read in its entirety? Hearing none, I'll entertain a motion on Ordinance No. 02-966. McCandless: Mr. Mayor? Corrie: Mrs. McCandless. McCandless: I move that we approve Ordinance No. 02-966, request for annexation and zoning of 77.9 acres in a proposed R-8 zone for proposed Baldwin Park Subdivision with suspension of rules. Bird: Second. Corrie: Okay. Motion has been made and seconded to approve Ordinance No. 02-966 with suspension of rules. Any further discussion? Roll-call vote, Mr. Berg. Roll-call vote: McCandless, aye; Nary, aye; DeWeerd, aye; Bird, aye. Corrie: Okay. All ayes. Motion is approved. MOTION CARRIED: ALL AYES. Item 13: Tabled from June 18, 2002: FP 02-005 Request for Final Plat approval of 22 building lots and one other lot on 5.81 acres in an R-40 zone for Cooper Canyon Subdivision by Wildwood Development LLC – on East Wilson Lane, east of South Locust Grove, south of East Fairview Avenue: Corrie: Item No. 13 is tabled from June 18th, 2002. This is a request for a final plat approval of 22 building lots and one other lot on 5.81 acres in an R-40 zone for Cooper Canyon Subdivision by Wildwood Development, LLC, on East Wilson Lane, east of South Locust Grove and south of East Fairview Avenue. Staff comments. Shari: Mr. Mayor and Council, this -- the final plat was tabled last time because the development agreement and ordinance had not been approved. Those were approved on July 2nd, 2002. We have received no response from the applicant opposing any of the comments from staff or agencies. We would recommend approval of this final plat with all staff and agency conditions. Corrie: Okay. Any questions from Council to staff? Meridian City Council Meeting July 16, 2002 Page 27 of 89 Bird: I have none. Corrie: Is there any -- is the final plat representative here -- have any questions? Okay. I'll entertain a motion, then, for the request for final plat. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I move that we approve the request for final plat of 22 building lots and one other lot on 5.18 acres in an R-40 zone by Cooper Canyon Subdivision, to include all staff comments and ask the attorney to draw up Findings of Fact and Conclusions of Law and Decision of Order. Bird: Second. Corrie: Okay. Motion has been made and seconded to approve the final request for final plat for Cooper Canyon Subdivision. Any further discussion? Hearing none, roll-call vote, Mr. Berg. Roll-call vote: McCandless, aye; Nary, aye; DeWeerd, aye; Bird, aye. Corrie: Okay. All ayes. Motion is approved. MOTION CARRIED: ALL AYES. Item 14: FP 02-012: Request for Final Plat approval of 35 building lots and 7 other Berkeley Square Subdivision lots on 4.67 acres in an R-8 zone for by Wardle and Associates -- 1025 North Ten Mile Road: Corrie: Item No. 14 is a request for final plat approval of 35 building lots and 7 other lots on 4.67 acres in an R-8 zone for Berkeley Square Subdivision by Wardle and Associates, 1025 North Ten Mile Road. Staff comments. Shari: Mr. Mayor and Council, we have made our comments on this application. The applicant has expressed opposition to one condition, that would be Site Specific Condition No. 11 in regard to the pressurized irrigation well development fee. They are proposing a reduced fee due to the fact that the lots are smaller than the typical 8,000 square foot lot. They are asking for a reduction from 730 dollars per lot to 124 dollars per lot. They are also basing their calculation on the irrigable land on the lots on a proposal that the setback between buildings be completely gravel, so that would mean the five feet that is adjacent to the building on each building would be gravel, no landscaping within that area. I will let the Public Works Department address whether they agree with the reduced fee. Meridian City Council Meeting July 16, 2002 Page 28 of 89 Watson: Mayor and Council Members, I have met with the applicant and I think we have come to an agreement on what an appropriate reduced well development fee per lot should be. I think. We are okay. Is there any questions? Corrie: You're okay with what they are suggesting? Watson: Yes. Corrie: Is what you're saying? Watson: Yes. It's a 20 percent reduction -- or it's 80 percent down to 20 percent reduction of the standard R-4 8,000 square foot home. Corrie: Okay. De Weerd: So you're okay with 124 dollars? Watson: It works out to -- there are a couple other arithmetic things that are not quite right in the staff comments. It works out to 150 dollars per lot. Corrie: Anything else? Representative Wardle? Wardle; Mr. Mayor, Council Members, my name is John Wardle. My address 50 Broadway Avenue in Boise. As Mr. Watson stated, the fee we have worked out with them is 150 dollars per lot, so we agree with that as well and I will stand for any questions if you have any. That was the only issue we had with the conditions that were in the staff report. Corrie: Okay. Any questions from Council? All right. Wardle: Thank you. Corrie: Okay. Any further discussion? If not, I'll entertain a motion on the request for final plat and the staff comments. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I move that we approve the request for final plat of 35 building lots and 7 other lots on 4.67 acres for the proposed R-8 zone of Berkeley Square Subdivision, to include all staff comments with the reduced well development fee to 150 per lot and ask the attorney to draw up Findings of Fact and Conclusions of Law and Decision of Order. Bird: Second. Meridian City Council Meeting July 16, 2002 Page 29 of 89 Corrie: Motion has been made and seconded. Any further discussion? Roll-call vote, Mr. Berg. Roll-call vote: McCandless, aye; Nary, aye; DeWeerd, aye; Bird, aye. Corrie: Okay. All ayes. Motion approved. MOTION CARRIED: ALL AYES. Item 15:FP 02-013: Request for Final Plat approval of27 building lots and one Vienna Woods Subdivision other lot on 10.29 acres in an R-4 zone for No. 6 by Skyline Development Company – east of North Locust Grove Road, north of East McMillan Road: Corrie: Item No. 15 is a request for final plat approval of 27 building lots and one other lot on 10.29 acres in an R-4 zone for Vienna Woods Subdivision No. 6 by Skyline Development Company, east of North Locust Grove Road and north of East McMillan Road. Staff? Stiles: Mr. Mayor and Council, this is another phase of Vienna Woods that has been developed in Ada County per our agreement with the Ada County Commissioners in negotiating our area of impact. Planning and Zoning takes no issues with this project, but asks that all of the staff comments -- that they comply with all staff comments on this project. Corrie: Is the applicant for Vienna Woods here? Name and address for the record. Johnson: Mr. Mayor and Council, Tucker Johnson, Skyline Development, 10464 Gabriel Court. Generally concur with the staff report. Just a couple housecleaning items that I noticed once I was able to get the packet earlier today. As with the previous phases, item one, need to insert the word applicable city ordinances. This is a county subdivision, so not all city ordinances have jurisdiction in terms of, you know, how to measure a lot width and things like that, but for the most part it won't affect anything substantial. The final plat as you saw it and viewed it is exactly how we are building it. Actually, in this case we actually deleted one lot, so we are actually loosening the density at little bit. Item three, paragraph three, it talks about needing building permits. Technically building -- you don't issue building permits, you issue the sewer and water fees. So my recommendation there would be that the word building permits -- prior to any water or sewer fees being accepted. That's how we worked it out with the Public Works in terms of those issues. Those are current when the sewer and water fees are paid to the city and that's what we talked about with the city, the department will not accept those applications for sewer and water hook-up until X, Y and Z and then requiring us to put it in. Item five of No. 2 -- this is my last comment. Strike the words minimum square footage. That sounds -- it's a county subdivision and the county zoning ordinance is the applicable ordinance and has per the previous phases, to be consistent, that would be stricken as well from these comments. So it's pretty cut and Meridian City Council Meeting July 16, 2002 Page 30 of 89 tried, pretty straight forward in terms of -- it's the sixth time around, so it's not real rocket science, but those are the extent my comments or questions and I'll stand for any questions if you have any. Corrie: Council, any questions? Bird: I have none. Corrie: Mr. Bird. Okay. Thank you. Bird: Thank you. Johnson: Thank you. Corrie: Okay. I will entertain a motion for the request for final plat on the Vienna Woods Subdivision. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I move that we approve the request for final plat approval for 27 building lots and one other lot on 10.28 acres in an R-4 zone for Vienna Woods Subdivision No. 6, to include the changes in number one, to insert the word applicable where needed; number three, to replace building permits with water and sewer fees, and, number five, to delete item number -- or item two and ask the attorney to draw up Findings of Facts and Conclusions of Law and Decision of Order. McCandless: Second. Corrie: Okay. Motion has been made and seconded to approve the request for final plat for Vienna Woods Subdivision No. 6 with those changes. Further discussion? Hearing none, roll-call vote, Mr. Berg. Roll-call vote: McCandless, aye; Nary, aye; DeWeerd, aye; Bird, aye. MOTION CARRIED: ALL AYES. Item 16: FP 02-014 Request for Final Plat approval of 82 building lots and 6 other Heritage Commons Subdivision lots on 24.21 acres in an R-8 zone for by Brighton Corporation -- west side of North Locust Grove Road, south of East McMillan Road: Corrie: Item No. 16 is a request for final plat approval of 82 building lots and 6 other lots on 24.21 acres in an R-8 zone for Heritage Commons Subdivision by Brighton Meridian City Council Meeting July 16, 2002 Page 31 of 89 Corporation, west side of North Locust Grove Road, south of East McMillan Road. Staff comments. Stiles: Mr. Mayor and Council, you have the staff comments that are dated July 11th, 2002. We received this afternoon some comments from the applicant's representative opposing some of the comments. I'll go through those -- each one of those items. Site Specific Condition No. 6, the site specific condition does read correctly as worded. The preliminary plat did show a 20 foot wide alleyway. There was a twelve foot wide paved area shown for the alley, with a four foot wide gravel area shown in the street section for the alleys on each side of the paving that would have been the -- that would have equaled the 20 feet. We were trying to follow what was approved at the preliminary plat stage and with some experience we had on previous applications in final plats, we were sticking to make sure that the plat does conform with the approved preliminary plat. So that would be up to Council whether they want to delete that requirement to stick to what was approved with the preliminary plat, which was a twelve foot pavement with four foot gravel on each side. It probably doesn't make a specific difference to the fire department, as they can reach it from the streets. They would be able to reach it with the streets. They wouldn't have more than 150 feet. They were concerned -- I talked with Joe Silva this afternoon and he was concerned with the fact that a lot of fires could be started in the back towards the alley with the garages in the back, but there is not a fire code ordinance that would require those to be in keeping with the 20 foot wide alleyway. We have not heard from Sanitary Service Company. We tried to get with them this afternoon to see if they would have any problems with -- I think the main concern they had was with the recycling trucks. So if that's deleted we would like that to be specifically acted on by the Council how that should read. Site Specific No. 7, the -- I'm not sure where the three lots came from. The preliminary plat, Block 24, did reflect 22 lots initially. They have shown three lots at the end with a slightly different orientation. One of those lots was partially outside of the current phase line and as long as we can keep track of what that is and what's deleted and there is no net increase, we will -- as long as the changes don't get to the point where we are not able to track them and when the application was submitted it said it would conform with the preliminary plat and our condition stands as it reads, unless modified by the Council. The first one is not considered significant if that remaining lot outside of the phase or the remaining portion of the lot is not added somewhere else. Site Specific Condition No. 8 on Block 11, there was a lot added after the approval of the preliminary plat. Had the applicant's representative merely talked to the staff and explained what was going on prior to submitting their application we probably could have worked that out, but it was submitted indicating conformance with the preliminary plat and, in fact, it was not. They have indicated that they will be removing a lot on the southern boundary in a future phase. Site Specific No. 12 we had no issue with. We would like to add in the second sentence -- they are proposing to add that the said plan shall be implemented per staff approval prior to the issuance of any building permit, to add per staff approval between the implemented and prior. Site Specific Condition No. 13, the planting landscaping plan, it was staff's understanding at the -- during the preliminary plat that due to the fact that there was -- it was an unknown when the frontage on Locust Grove would be developed as far as the office uses and the exception area, that that frontage would be Meridian City Council Meeting July 16, 2002 Page 32 of 89 landscaped at this time and also that the landscape plan would be submitted to show that landscape plan. It may be years and we don't know that at this point how long it will be before that develops, but we would like to have the landscaping constructed along Locust Grove in accordance with city ordinance, even though it is a -- it's an off-site improvement for this phase, we believe that the requirement was intended to mean that they landscape it prior to any lot within the preliminary plat subdivision that was approved and we would like that requirement to remain, so we would not recommend approval of the request on Site Specific Condition No. 13. The applicant's representative under that same item has indicated that he wanted to add in the event of weather restrictions the applicant shall be allowed to bond for all the required common area improvements, including landscaping, the community center, and gazebo prior to final occupancy of any unit. In any case, improvements shall be made as weather permits. This is not something that we had typically allowed to be done after occupancy and I believe the development agreement that we typically enter into does state that all improvements will be completed prior to occupancy and that would include the community center and gazebo. We naturally had to make some concessions on landscaping if you're in the middle of winter and it's obvious that you can't plant or even in the hot weather in the summer there is times when it will severely stress the plantings, then we have allowed them to have a reprieve on getting those planted until it was prudent. So I'd like to -- for the Council to be able to address that, specifically the Locust Grove landscaping and the common area improvements, which would include the community center and the gazebo. Site Specific Condition No. 18 was simply a clarification that would show the net density as 5.83 dwelling units per acre. General Requirement No. 3 on the lighting, they want the ability to install some street light fixtures. I think that the requirement can stand as is, because they will -- if they propose alternative streetlights, they will take an agreement with the city at a later date, that they -- the Council will be asked to approve alternative streetlights. General Requirement No. 9, four foot sidewalks. We did show the separated detached sidewalk to be four foot wide sidewalks per our ordinance and per the Conditional Use Permit. We would still ask if there are pathways in common areas going through pedestrian walkways, those types of things between common areas, that they be built at the five foot wide construction. Fire Department Requirement No. 7 regarding on-street parking, they have asked that Requirement No. 7 be deleted and I believe with the Council's approval of the preliminary plat, they did delete the fire department's requirement to have restrictive parking on one side. The fire department does request that the alleys be posted to -- that they have no parking and be shown as a fire lane. If they are to be two way alleys, they would like that to be on each end of the alley or if it's one way, they could be just on one end of the alley. With that we would ask Council to act on the requested changes and to otherwise approve it with staff and agency conditions. Corrie: Any questions of staff? Bird: I have none. Corrie: Okay. The developer? Meridian City Council Meeting July 16, 2002 Page 33 of 89 Wardle: Good evening. For the record, John Wardle with Brighton Corporation, 12426 West Explorer Drive in Boise. If you will indulge me just for a second so I can pass out some things. I appreciate staff's comments and I think I can limit my points just to a couple of issues here. On Site Specific Condition No. 6 we have always intended to go with twelve foot alleyways and the question is whether the right of way width needed to be 16 feet or 20 feet. On another project being built the highway district required us to do 20 feet. They since changed or have maybe interpreted their standard a little bit different. Their requirement is 16 feet. So we have assumed the additional footage in the lot. I think it's pretty straight forward. We are just asking ACHD's standard, which is 16 feet for the 12 foot alley to be accepted. I gave to you a couple of loose sheets -- there is actually three of them. This relates to Site Specific Condition No. 7 and Site Specific Condition No. 8. In front of you there is what the final plat looks like today and what it looked like with the preliminary plat. In Site Specific Condition No. 7 we simply re-oriented a couple of lots, so we did end up with a little area back there which is kind of a no-man's land. These lots front out on one road, instead of two facing that way and one this way. So we re-oriented that. We don't see that as a significant change. It doesn't increase the density, it's just simply a re-orientation of those two lots. On Site Specific Condition No. 8, specifically Block 11, the final plat, which is Block 17 in the final plat, we did add a lot here and this -- I did discuss this with the staff verbally before it was submitted. I did submit a letter to staff clarifying what we had done here, as well as the subsequent e-mail and other verbal conversation. We did add a lot here, but we subtracted a lot from another area. We aren't trying to sneak in an additional lot here. I did submit to you tonight a revised site plan that reflects these changes. When we were in the Public Hearing we did hear from the neighbors to the southwest that were concerned about the lots in there and we went back and looked at them and there were a few small lots and what decided to do is pull one lot out of there, spread the difference between the existing lots, we are talking specifically Block 21 here, and move that lot to another area. We don't want to get penalized for adding a little additional width in one area, we just want to be able to move that lot to another area. And graphically just wanted to show you what he have done, that we are not adding a lot to this project, we just wanted the flexibility to move one lot from the area -- like I said, move it to this final plat in Block 11 final plat. In terms of temporary construction fencing, we will work with staff and we are okay with their approval. On Site Specific Condition No. 13, relating to the planting plan and landscaping plan, this is along Locust Grove and specifically the areas where we will have an office development. We did intend to put those improvements in at the beginning of the phase, we talked about the phase may be accelerated, but since they are not part of this plat, we don't feel it's appropriate for us to have to do that improvement at this time. I can perhaps refer to Mr. Turnbull to address that a little more. We did not include those in the landscape plan, because they are not part of the plat. Coming out of the Public Hearing as well it wasn't our impression that we needed to provide that landscaping to begin with. As for that last part of that condition that we added which is underlined, it said in the event of weather restriction, that language is specifically from the approved preliminary plat and Conditional Use Permit and the Public Hearing. I pulled that directly from what was signed off by the city. There was much discussion at the Planning and Zoning and City Council meeting regarding these improvements. There is a significant amount of improvements that are Meridian City Council Meeting July 16, 2002 Page 34 of 89 going to occur with this project at the very beginning. You have got a community center, which will include a swimming pool, a gazebo, we have a three acre park site, we just need the ability, since it's late in the year, that these -- that if we are not done in time that the certificate of occupancy occurs, that we be allowed to hold those -- you will be allowed to hold those bonds as a guarantee and as weather improves we will finish them off. That language is directly from what was approved by the city. And as for the rest of those, I think Shari has done a really good job of explaining our position. We don't have any additional comments. I will defer to Mr. David Turnbull, he wants to address of few things at this point. Turnbull: Good evening, Mr. Mayor, Members of the Council. David Turnbull, Brighton Corporation, 12426 West Explorer Drive. I think John has covered it pretty well. I think Shari has covered it mostly. I guess I'll just point out that the nature of the preliminary -- the difference between a preliminary plat and a final plat, if we are not able to do some fine tuning when we come to a final plat stage, I don't know what the purpose of the preliminary or final plat stage is. This is very consistent with what's done in other areas, specifically the areas that were mentioned up in here and, you know, it's just a reconfiguration of lots and that's consistent with what happens between a final plat and a preliminary plat. As for landscaping on Locust Grove Road, I want to point out that in our Conditional Use Permit we were required to do in our first, phase this area right here, this park and gazebo, which we are going to also point out that we are doing the community center in this first phase. We are also going to be improving some other areas here and I was totaling that up today and it's a million dollars worth of common area improvements. So we are going well beyond the normal standard, we are essentially putting all the common areas in, with the exception of Locust Grove frontage and we will do that in a subsequent -- at a subsequent time in the near future. If you wanted to make it concurrent with the second phase, I would be happy to do that. We will probably even do of before then, but we just have a lot of work to do with this initial phase. There is a lot of common areas that we are doing. So if you have any questions for me I will be glad to answer them. Otherwise, I would appreciate that you consider the letter of revisions which we don't think are substantial, but they are important, that Mr. Wardle submitted to you this morning. Thank you. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: And I don't know if Mr. Turnbull or Mr. Wardle can answer this, but you didn't address that there was some disagreement on the staff of the four foot sidewalk and the on-street parking issue and I didn't know if you were -- Turnbull: What was the -- Nary: Well, Site Specific Condition No. 18, net density, the staff comment here is the 3.93 or the 3.39, but it's actually -- 3.39 is actually 5.83. Meridian City Council Meeting July 16, 2002 Page 35 of 89 Turnbull: Well, what the staff requested was a setback -- typically as a developer when you express density you take the overall boundary and count the number of lots and just do a simple division. Staff requested that we go back through and I think what they do is take out all the right of ways and all the streets, all the parks, and so forth and that's a separate what they call a net density calculation. It's not something that we typically use on the development side, but it's just -- so we provided that. They asked for it, so we provided that figure. So there is no issue there at all with that, I don't think. Nary: What about the issue on the parking in the alley where the -- the request from the fire department was -- Turnbull: We are happy to sign both ends of the alley no parking, plus fire lane access. Nary: Okay. Corrie: And the pathway five foot width? Turnbull: Well, we have no pathways. All of the sidewalks are detached. There will be four foot sidewalks. I think what Shari's comment was was if there was a separate pathway that it be five feet, but there are none, so I don't think it's an issue. Corrie: Okay. Any other questions from Council? Thank you. Turnbull: Thank you. Corrie: Okay. Any discussion from Council before I entertain a motion for final plat? Hearing none, I will entertain a motion on the final plat request. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I'm going to move the approval of final plat for FP 02-014, the final plat approval for 82 building lots and 6 other lots on 24.21 acres in an R-8 zone for Heritage Commons Subdivision by Brighton Corporation, pursuant to the staff comments of July 11th, as well as all the modifications requested by the developer dated in their staff comments -- or their position statement of July 16, that Site Specific Condition No. 6, the right-of-way width for alleys be deleted, that we believe that a 16 foot right of way is ACHD's requirement, that Site Specific Condition No. 7 also be deleted, changing the frontage, just a slight modification on the preliminary plat; that Site Specific Comment No. 8, Block 11 -- let's see. That that also be deleted pursuant to the -- pursuant -- I'm sorry. I guess I'll scoot up. That pursuant to the developer's position statement, Condition No. 8, Block 11, be deleted. Construction fencing, I think they were both in agreement; is that right? And number three, the planting and landscape plan -- I guess I don't see the point -- I think bonding for it as required with the condition regarding weather is adequate. I don't see this is a significant problem with the plan from what we Meridian City Council Meeting July 16, 2002 Page 36 of 89 reviewed in the preliminary plat, but if you want to follow, I don't see a problem of following it with the developer's request in that particular one. It appears we are all in agreement on Condition 18, number three, of the general requirements; number 9 of the general requirements, and the developer is in agreement that the staff requested that they -- in general -- the fire department requirement number seven, that they sign both ends of the alleys that there is no parking and they be designated fire lanes, so we make sure the fire department will have access and I think that was all the comments and for council to prepare Findings of Fact and Conclusions of Law and Decision and Order. Bird: Second. Corrie: Motion has been made and seconded with the approval with conditions set forth in the motion. Any further discussion? Hearing none, roll-call vote, Mr. Berg. Roll-call vote: McCandless, aye; Nary, aye; DeWeerd, aye; Bird, aye. Corrie: Okay. All ayes. Motion is approved MOTION CARRIED: ALL AYES. Item 17: TE 02-003 Request for Time Extension for filing the final plat for Waltman Court Subdivision by John Goade -- south of Troutner Business Park, between Waltman Lane and Ten Mile Road: Corrie: Item No. 17 is a request for time extension for final plat for Waltman Court Subdivision by John Goade, south of Troutner Business Park, between Waltman Lane and Ten Mile Road. Staff. Stiles: Mr. Mayor and Council, this is for the property that we hope to have Corporate Drive extend through to eventually cross the Ten Mile Creek and be connected to Green Head and also to Waltman Lane. The applicant has requested a time extension on this. The one year filing time period for the final plat. Staff would recommend approval to July 3rd, 2003, with all existing conditions of approval. Corrie: Okay. Is the Waltman Court Subdivision representative here tonight? Council, do you have a request extending time -- I'll entertain a motion on the request. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I would move that we grant the request for a time extension for filing the final plat by Waltman Court Subdivision by John Goade, south of Troutner Business Park, between Waltman Lane and Ten Mile Road, until July 2nd, 2003, with staff conditions. Meridian City Council Meeting July 16, 2002 Page 37 of 89 McCandless: Second. Corrie: Okay. Motion has been made to approve the request for time extension. Any further discussion? Roll-call vote, Mr. Berg. Roll-call vote: McCandless, aye; Nary, aye; DeWeerd, aye; Bird, aye. Corrie: Okay. All ayes. Motion is approved. MOTION CARRIED: ALL AYES. Item 18: Public Hearing: VAR 02-007 Request for a Variance for reduced setback from ten feet to five feet on the side of a home with a dormer on KW Homes the second level by – Lot 28 Block 4 of Packard Estates No. 3, 2641 E. Bernice Dr.: Corrie: Item 18, 19, and Item 20 are Public Hearings. This is -- no. I'm sorry. We got 18 yet to do. I'm sorry. This is a request for a variance for a reduced setback from ten feet to five feet on the side of a home with a dormer on the second level by KW Homes, lot 28, Block 4 of Packard Estates No. 3, 2641 East Bernice Drive. At this time I will open the Public Hearing on the request for a variance and staff comments first. Stiles: Mr. Mayor and Council, this property came to our attention several months ago. The property had been built not according to plans, which required a lot line adjustment to meet the minimum setbacks. They had reached an agreement with the adjoining property owner to do the lot line adjustment and apparently money exchanged hands, but no document was ever recorded. Since that time both properties or one of the properties had changed ownership, maybe both of them, I'm not sure, but, nevertheless, there was never a lot line adjustment to -- so they could meet the minimum setback requirement. If you can see, I believe it's on your computers, that shows a picture of the existing home, the dormer on the -- that would create the two stories was not shown on the approved plans. Staff does not feel this application meets the requirements for a variance, as there are -- none of the conditions exist that would warrant a variance. It was all due to conditions created by the applicant. So our request is to deny this variance request. Thanks. Corrie: Okay. Any questions for the staff at this point? Bird: I have none right now. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Mrs. Stiles, how did they get a certificate of occupancy? Meridian City Council Meeting July 16, 2002 Page 38 of 89 Stiles: You have a letter from Daunt Whitman, the building official, in your packets. Nary: On the computer packet? Stiles: I think so. It's dated June 6. Daunt Whitman states the certificate of occupancy for KW Homes was issued based on the information provided that the land purchase had taken place. Nary: Thank you. Sorry. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: So at that time Daunt didn't ask for proof of that when the occupancy was granted? Stiles: Not that I'm aware of, no. Corrie: Any other questions? Okay. This is a Public Hearing. Do we have -- the applicant can testify first. We have five minutes and then anybody that wants to testify on the Public Hearing has three minutes to give their part and we will time and we will cut you off at five and three minutes. Okay. Is the applicant here this evening? 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? Wang: Yes. Corrie: Name and address, please, for the record. Wang: My name is Kent Wang. On the plan to approve for the dormer, on the plan exactly got approved for it, the dormer, but -- Nary: Excuse me. Could you give your name and address again? Wang: 2146 East Bernice Drive. I forgot to bring the floor plan here tonight. On the side there is supposed to have a notice of ten feet, you know, setback for the property line, but when they come to -- the framer do the framing and the truss -- the truss company and when they deliver the truss, it had another five feet and I didn't know that until after the framing done and I -- at that time, you know, I go and talk to the builder next door, John Conner, to buy the five feet and to have the 10 feet to meet the city -- you know, but at that time we exchange the check and I forgot to go down to the city to record it and ask for -- to obtain a judgment and I make a mistake, you know, and it won't happen again and I hope the city, you know, approve for my request. On the plan they do have a five -- you know, a dormer on that plan. Meridian City Council Meeting July 16, 2002 Page 39 of 89 Corrie: Okay. Any questions from Council? Nary: Mr. Wang? Wang: Yes. Nary: I guess I saw our building inspector said it doesn't show, but it did show that on the -- Wang: It did show on the blueprint, you know, the five by six dormer. No, one -- just half that, but when the truss company build the truss they, you know, make a mistake or another four feet for me, so I have enough room to make another, you know, full bath in there, so I just add another full bath on the dormer, but -- Nary: When did you have the transaction to purchase that other property? Wang: At sometime last year July, but I forgot about, you know, to record it, the time I change the agreement with the builder John Conner, to by the five feet from him. Nary: You gave -- according to this application, Mr. Wang, you gave this person money to buy that five feet of property and now what you're telling us is you forgot to go get a deed and record it? Wang: Yes. Yes. And he never been recorded -- the deed to -- and I never go to record the deed, too, so when the house -- I sold and he sold and then he -- you know homeowner want the five feet back, just because I forgot to record, you know, the deed for the five feet. Nary: And are you suing him for that or -- Wang: I'm not suing him, no. Well, I can get the very end the five feet, you know, but -- okay for a dormer. Nary: So you want us to fix this problem that you messed up? Wang: Yes. Nary: But you're not taking any action against the person you paid money to buy property to fix the problem? Wang: I think they get a lawyer to sue my homeowner. I think by Idaho law, I'm not sure, but my friend tell me there is no way I can have a chance to win the case. Nary: Do you have a lawyer? Wang: No. My homeowner have a lawyer. Meridian City Council Meeting July 16, 2002 Page 40 of 89 Nary: So you're just -- you built this house? Wang: Yeah. Nary: And you sold it. Wang: Sold it to them. Nary: So now if we don't approve this, you got to go tear that out and rebuild their wall? Wang: That's the last chance, but I hope with the dormer -- right now in the same subdivision in Packard Estates have one house, same thing, have a dormer, five feet, right near by the property line and they do get a. -- you know, get an occupancy permit to -- I make mistake, you know, I should record that deed, but, you know, I just ask for one chance. Won't happen again. Corrie: Any other questions? Bird: I have none. Corrie: Okay. Thank you. Is there anyone that would like to issue testimony on this variance request? Okay. Hearing none, Council, any other questions for staff on the record for the Public Hearing? De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd; Gary or Shari, was this caught at the framing inspection or at final inspection? Stiles: The memo dated June 6 says it was caught at the framing inspection. De Weerd: And the applicant was told at that time and that's when you purchased the property and -- Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: This other one that he's made reference to in Packard Estates Lot 2 Block 1, what was that about? I don't know anything about it. Stiles: I'm not aware of anything either. Meridian City Council Meeting July 16, 2002 Page 41 of 89 Nary: Okay. I guess we haven't closed the Public Hearing. Mr. Wang, do you have more information about this Packard Estates Lot 2 Block 1 variance you say that was granted by the Council? Wang: One of my realtor lady tell me that you have one in the middle of the phase that they call middle the room for one house is only five feet setback with a dormer and another thing on the final framing inspector, I never had any note about a dormer too close to the property line on June 15 -- whatever she's gone on common -- if I could catch onto June 16, you know, I do just move back to five feet, you know, take out the soaking tub will still meet the -- you know, the property line. But I never have any on the -- you know, note. The inspector never leave any note, you know, say too close to the property line. De Weerd: So you're saying it was the framing inspection that the note wasn't made? Wang: Never had any not -- nothing note to me saying I need to meet the, you know, ten feet. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Mr. Wang , so you're saying that -- what Mr. Whitman's telling us is that he told you that this was too close and you -- stop. Is that what you just said? Wang: When you tell me to stop -- the framing inspection. Nary: No. I understand that. He told you, though, it was too close to the property line? Wang: Nobody. Nary: Okay. Why did you go buy the five feet from the neighbor? Wang: Because somebody tell me I need to meet the five -- I need ten feet to meet the dormer. Nary: Who was that somebody? Wang: Just, you know, some builder there in the subdivision. They said, oh, usually they require ten feet to meet the -- you know -- Nary: So you never told Mr. Whitney that you would purchase that property, that transaction was happening, and you would do a property line adjustment? You never told him any of that? Wang: I don't tell anybody at that time. Meridian City Council Meeting July 16, 2002 Page 42 of 89 Nary: So he's lying in this letter to us? Is that what you want us to believe? Wang: Okay. All I remember at that time is when I got frame inspection, right? I don't get collection on the note. I know on the building -- on the blueprint they require ten feet, but I'm -- my mistake if you go to -- the truss company deliver the truss -- this five by -- six by ten, six by nine, that's to prove the six, but later on the truss company deliver a truss that's six by ten -- six by nine, that's four feet exactly, you know, four feet too long, you know. Nary: So, Mr. Wang, instead of correcting the problem or requesting a variance, you tempted to buy the property, though? Wang: Correct. Nary: All right. Wang: Going back to July, yeah, I know I made a mistake that time, so I go and try to get the five feet from the next door -- the next builder. Nary: And you have told us you did that, you made that transaction? Wang: Told the lady sometime August. I think August or September. I just can't remember the time, because I had another job I worked for a restaurant or just get too busy and forgot to record it. Nary: And so -- well, you're saying you forgot to record it, that tells me you have a deed that you can record. What you said before is you don't even have a deed. Wang: That's right. That's why I tell to give the -- buy the money to build -- I gave him a check. Nary: And you got nothing. Wang: And we record -- no, we just -- you know, I haven't change papers saying, you know, his name and my name and he will to sell me the feet, you know, on the -- Nary: Okay. I just want to understand what you did. So you gave this guy money, you got no deed for it, you didn't record it, but you framed the house up anyway and sold it? Wang: No. I framed it long before. You know, I frame it long before, you know, can't wait. Nary: And when you did that you knew that it was a violation of an ordinance. Meridian City Council Meeting July 16, 2002 Page 43 of 89 Wang: Yes. No. After our framing done, everything done, I know and that's why I go ahead and go buy the five feet. But after I buy five feet I forgot to take out to city and record the deed and get a -- obtain a judgment. Nary: And your only evidence that we had granted some variance of that before is a realtor friend of yours told you some other house in Packard Estates had variance granted? Wang: I not sure granted or not, but I know that one house in there only have five feet setback just like mine with a dormer. Nary: Mr. Wang, realtors tell people all kinds of stuff and they are not always accurate. You never checked, you never did anything, other than just take the person's word for it? Wang: I trust them. Nary: It sounds like they trusted you to take care of the problem before you were here. Bird: Mr. Wang? Mr. Mayor? Corrie: Mr. Bird. Bird: Mr. Wang, you say from the other builder you gave him a check and he gave you a receipt stating that this property -- Wang: It's a realtor help us print out paper saying his name John, you know, Conner Construction and he sell five feet of the property, you know, from Lot 27 to my name Kent Wang, KW Home on the Lot 28, you know, five feet. So I buy him -- you know, I sign the paper and I give him a check, but, you know, I just forgot to record it and get a deed from him. Bird: And you are KW Homes? You are a builder, then? Wang: Yes. I have the home -- he allow me to -- everybody make mistake, you know. All I ask is just one chance. It won't happen a second time in my life. Corrie: Okay. Any other questions? Okay. Thank you. Okay. Any other questions before we close the Public Hearing? If not, I'll entertain a motion to close the Public Hearing. McCandless: Mr. Mayor, so moved. Nary: Second. Corrie: Motion made and second to close the Public Hearing. Any further discussion? All in favor say aye. All ayes. Motion carried. Meridian City Council Meeting July 16, 2002 Page 44 of 89 MOTION CARRIED: ALL AYES. Corrie: Discussion? Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: If I understand all of Mr. Wang's testimony, he's a builder, he builds a house, somebody told him that it was too close to the property line, our building inspector said it wasn't him, he says it was somebody, he doesn't know who it was; he knew the trusses were too long, he built it anyway, he framed it up anyway and bought property from the next door neighbor for 2,650 dollars, which he never got a deed for, never recorded it, and he doesn't do anything about that at all, sold the property to somebody else, who now is stuck with this and he'd like us to fix it. I'm sorry, I don't see that we are obligated to fix it. I think Mr. Wang made this from one chocolate mess to another and he needs to fix it. I don't think we need to vary our ordinance because Mr. Wang botched this from the get go on how this was done and now wants no responsibility for it, except for us to vary our ordinance for his benefit. I just can't see what in the world we would do to grant something like that. We have been very strict on granting the variances and there is no reason to do this just because all we would be doing is encouraging Mr. Wang or anybody else to do whatever they wanted, mess it up poorly, and then and come say vary your ordinance to make it fit for me. But I'd like to see what everyone else has to say. Corrie: Further discussion? Nary: Maybe someone has a different perspective than I have. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I guess I have a little different perspective. When you look at the integrity of our ordinance on variances, I just can't see anything in here that meets the ordinance to grant a variance and that's what it comes down to. I know this puts the homeowner is a real awkward situation, but this is something that the builder is going to have to rectify and he will have to find that builder and find a way to do it. It doesn't meet the intent of our variance ordinance and that's what we have tried to consistently base our decisions on. However, we empathize with the homeowner. We have to -- we have to go by our ordinances, so -- Corrie: Any further discussion? Bird: I have none. Meridian City Council Meeting July 16, 2002 Page 45 of 89 Corrie: I'll entertain a motion for the request for variance. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: That's what I mean that Council Member de Weerd said. I would move that we deny the request for variance for a reduced setback from ten feet to five feet on the side of the home with a dormer on the second level by KW Homes on Lot 28, Block 4 of the Packard Sub No. 3 and for our council to prepare Findings of Fact and Conclusions of Law and Decision and Order to that effect. Bird: Second. McCandless: Second. Corrie: Okay. I heard a couple seconds. Motion made and seconded. Any further discussion? Role-call vote, Mr. Berg. Roll-call vote: McCandless, aye; Nary, aye; DeWeerd, aye; Bird, aye. Corrie: Okay. MOTION CARRIED: ALL AYES. De Weerd: Mr. Mayor? Corrie: Yes, Mrs. de Weerd. De Weerd: Can we take a five minute break? Corrie: Okay. Let's come back here at five minutes until nine and we will adjourn until that time. (Recess.) RECONVENED At 9:01 P.M. Item 19: Public Hearing: AZ 02-004 Request for annexation and zoning of 127.74 acres from RUT to C-G, L-O and R-4 zones for proposed Sutherland Farm by Sutherland Farms, Inc. – east of South Eagle Road and north of East Victory Road: Meridian City Council Meeting July 16, 2002 Page 46 of 89 Item 20: Public Hearing: PP 02-004 Request for Preliminary Plat approval of 308 building lots and 30 other lots on 127.64 acres in proposed L-O, C-G and Sutherland Farm R-4 zones for proposed by Sutherland Farm, Inc. – east of South Eagle Road and East Victory Road: Item 21: Public Hearing: CUP 02-005 Request for a Conditional Use Permit for a Planned Unit Development for residential, commercial and office park Sutherland Farm development for by Sutherland Farm, Inc. – east of South Eagle Road and north of East Victory Road: Corrie: All right. I will reopen the City Council meeting. The Public Hearing next is three public hearings on Sutherland Farms. One is for a request for annexation and zoning and one is for the preliminary plat and the other is a request for a Conditional Use Permit for the Planned Unit Development. I will open all three of the public hearings at one time. Your testimony can be for all three or where ever you want to go on that. To save some time I have one, two, three, four, five, six, seven, eight, nine signed up against, I don't have any signed for, but we will do the same rules as before, since there are three things here we will give the developer five minutes on each one if he needs it, if they don't that's fine. You'll have three minutes on the for or against testimony. So at this time I will open the Public Hearing on Items 19, 20, and 21 and staff comments first. Stiles: Mr. Mayor and Council, this is for property that's immediately south of the Sundance -- or Silverstone Subdivision. It's east of Thunder -- or Thousand Springs Subdivision. It extends to Victory on the south and the Ridenbaugh Canal is adjacent to the a portion of it on the north. The property north of the Ridenbaugh Canal here is not proposed as part of a Conditional Use Permit. What they are thinking is is that when this 80 acres develops adjacent to Silverstone, that it's likely that this could be included as part of that development or may be even included as part of the Silverstone development at some point, but they don't have any immediate plans for this commercial portion. They would propose a pathway along the Ridenbaugh Canal. We do show in our existing Comprehensive Plan that the Ridenbaugh Canal is a multiple use pathway. They are proposing office uses adjacent to Eagle Road in this area and then they have some townhouse lots, alley loaded lots, in the -- this is a regular public street I believe here adjacent to townhouse lots. They are showing some open space here. A pond feature with open space. There are five acre lots or more adjacent to them in the southern -- south of the property and also in this area. They have been -- they have made changes since the initial application to try to address some of the neighbors' concerns. They have submitted an agreement with the -- one of the property owners adjacent to them, Mr. Gale Sasser -- I don't know if I'm saying that right. Do you have that in your packets? Do you have that on your computer about the memorandum of understanding? The applicant had agreed to a restriction for single story homes on Lots 12, 13, and 14 of Block 9 and Lots 5 and 6 of Block 9. The Planning and Zoning Commission also recommended that an eight foot cedar fence be built along the entire length of the western and northern property boundaries. I believe that's of the Sasser property. I think that needs some explanation. Eight foot fences are prohibited in all residential zones, so I guess if the Council wanted to approve that as part of the Meridian City Council Meeting July 16, 2002 Page 47 of 89 Conditional Use Permit they should consider that specifically in the Conditional Use Permit. And also agreed to extensive landscaping with a mixture of evergreen and deciduous trees. That could be misinterpreted and maybe needs some additional clarification of what consists of a dense mixture. It says they will work together to develop a mutually acceptable landscape plan. The applicant has also agreed to an increased rear setback of 30 feet for Lots 2, 3, 4, 5, 6, 7, and 8 of Block 9. This planned development will provide a variety of housing types. The applicant has removed some of the lots that were initially shown adjacent to the park area to create a better view corridor and to make it more open and more accessible to all residents within the subdivision. They propose a bridge over the Ridenbaugh Canal. Ada County Highway District will require bonding for construction of that prior to signature on the final plat. I'm not sure if their bonding requirements were for half of the cost of that or for three-fourths of the cost of that, since they do have property to the north of the Ridenbaugh Canal. Maybe Gary Lee would be able to answer that. They will need to provide -- and I believe it's shown on the plat -- with the temporary turnarounds at these stubs that are over 150 feet in length. They would be coming back in -- and Gary can correct me if I'm wrong on that -- about the Conditional Use Permit. They have only come in with a conceptual plan on the office uses at this time. They would need to come back at a later date to do a detailed Conditional Use Permit for a planned development for the office uses. However, the commercial uses north of the Ridenbaugh Canal are not proposed to be part of the planned development and would be zoned separately. It's a little hard to see. It's real faint on the scanned document that we have for the plat. They are showing their landscape areas. They have extensive landscaping along what would be a collector type roadway going through here. In the future they are proposing that the road that has been extended in Silverstone would be extended north through this property to extend to the other parcel on the east. The staff recognizes the effort that the applicant's representative has made in trying to accommodate the neighbors. It's always hard when you come up to rural residential subdivisions that are five acre lots and provider urban densities, but it's just not cost effective to try to develop with sewer and water with five acre lots in an urban area of impact. It's a waste of property. I can empathize with the people that have those lots and I'm not sure how many of them are here again tonight, but hopefully that this can be designed and constructed and have adequate buffers between the densities that will be acceptable to the neighbors. We would ask that this project be approved for annexation and zoning and preliminary plat and Conditional Use Permit for a planned development with the staff and agency conditions and the recommendations with the Planning and Zoning Commission. Corrie: Okay. Any questions at this time? Bird: I have none. Corrie: Okay. Is the applicant here this evening? Is the testimony you're about to give the truth, the whole truth, and nothing but the truth, so help you God? Lee: Yes, it is. Meridian City Council Meeting July 16, 2002 Page 48 of 89 Corrie: Name and address for the record, please. Lee: My name is Gary Lee with JUB, 250 South Beachwood in Boise, representing the applicant Sutherland Farms. I think Shari has done a pretty good job of explaining the project. I just wanted to briefly go over some of the highlights of the application request. The total plot here is 128 acres, roughly, and the C-G zone that we are requesting of about 11 acres lies just north of the Ridenbaugh Canal as currently adjacent to existing city limits and a C-G zone there for Silverstone. The rest of the site is proposed to be R- 4 with a PUD that's 116 acres. Of that PUD area we have about 97 acres in residential and about 19 and a half acres of office and we threw in multi-family, because it's a little unknown at this time as exactly what we are going to do with that area, but we wanted to allow some uses in there for future expansion for L-O type uses and maybe some multi-family. So any discussion with staff they thought a PUD might be the way to go and then as part of our development agreement we will agree to conditional use applications for that site that lies west of the residential area. In addition, we needed to come up with some estimates for the traffic counts when we do our traffic analysis for a presentation to ACHD and as part of our application under the CUP we developed a preliminary site plan of that area and devised some building footprints, we are assuming they are two story buildings, then we added parking stalls to that and then generated our traffic counts, so you have kind of a base map to work with in the future and not have a surprise on a traffic issue. Same thing applied to the commercial general use area to the north. We did some preliminary layouts for that as well trying to come up with some reasonable number. But both of those areas will come back to you for a Conditional Use Permit. The landscaping we provided about 13.8 acres total, 12 and a half -- or about 12.2 is part of the area that's not street buffer and counts about ten and a half percent of the total size to meet the PUD requirement. As Shari mentioned, we did enhance the site with a neighborhood park that's about four acres in size and included the city's pathway along the Ridenbaugh Canal. Through the preliminary plat review process there were some concessions made. We eliminated some lots near the open space in the center of the site just below the pond area. They had four lots there -- fairly sizeable lots. We took those out at the suggestion of staff and we didn't lose the count, but we added them to the area just to the west, so our overall density stayed the same. Speaking of that, we got about a three unit to the acre density on this project, so it's not that high for an R-4 zone. We added some micropaths through a couple of the blocks at the staff suggestion easterly of that common open space neighborhood park. And there were some discussions with Mr. Sasser on his five acre piece, which is a parcel that fronts on Victory Road. He's the gentleman that's building quite a sizeable home right now and fairly high value and our client decided it was -- there was interest to work with him and develop some landscape schemes and try to do some things there that would help mitigate impacts on his property, mainly because his house sits so close to the property line adjacent to us. Unlike some of the others along the Los Altos Subdivision, those homes sit back quite a bit further and they have some extensive landscaping available there already. There is just a couple issues on the staff recommendations I wanted to briefly discuss with Council and the first one is on the preliminary plat condition number 21 and that's on page three of the preliminary plat document. Item 12. It talks about -- excuse me. It's not 12. Item 21 on the restrictions. It Meridian City Council Meeting July 16, 2002 Page 49 of 89 includes language that says restrictions shall include single story, as well as peak height of 25 feet or less on those lots and block adjacent to the border of the project. We have an opportunity out here to build some basements, we have very low groundwater conditions and we have some deep sewers and we'd like to maybe modify that condition to say not to exceed peak height of 25 feet and just scratch the single story portion of it if that would be acceptable to the Council. I think the effect is the same. The idea was to keep the building height low. So that would help us out on some multi-story units that could possibly go in there. Also on item 12 of the preliminary plat -- I got out of sequence here. It talks a little bit about the phasing of the development and the last sentence in there I'd like to request that it be deleted. What it says is all development -- all development, however, must be contiguous to a previously improved phase. Because of the physical constraints on this site, we are going to start our phasing of the residential development in Victory Road and move northerly and the reason for that is there is a working horse ranch that lies kind of in the north long east-west portion of the property and the piece below that -- if I had a pointer I'd show you. I'll just go point to it right now. That portion that I just pointed to is an area that they feel they can start with and still keep their ranch operating in the meantime. We have got three phases planned for that area, phase one, two, and three, and we'd like to start there with our development and go through the residential portion of it first. However, we still -- depending on what the market does in the next few years for commercial retail multi- family, there may be a need or a buyer come along that wants to do something with that commercial area and if we decide to take phase four up north of the canal it won't be contiguous with phase three. We'd like a little flexibility there to construct that sentence in there to where we wouldn't have to go contiguous with a previous phase. It would help us out in our marketing scheme. So you know, the -- in order to develop that first phase we have to extend sanitary sewer from Silverstone -- Silverstone Subdivision and it's quite an extension, probably 1,500 to 1,800 feet. So we are going to have some major infrastructure in place just to get to phase one. We also have to extend the water from Eagle Road down what is known as Easy Jet Drive with a preliminary plat about a quarter mile into that development. So we are going to have a lot of that already in place, so that the city shouldn't have to worry about future phases continuing onto the north. The bridge issue Shari touched on briefly that crosses the Ridenbaugh and what we have agreed to with the Highway District is when we come into develop that phase that's adjacent to that bridge for that stub street, which I think is Knapp Avenue, we have agreed to develop this and to acquire construction bids for that crossing. And ACHD will determine a letter of credit amount that we will have to post with them to pay for our share. Now there wasn't any firm discussions on what our share is, but we expect it's going to be half. But whatever the number is we will have to deal with that with the Highway District. So that money will go into an account. When the property due north of us develops, then they will throw in their share of the bridge and it will be constructed and that way the connection north to Overland Road will be complete in the future. I touched on the CUP for the office area that Shari had mentioned and I just wanted to reiterate on that commercial use north of the Ridenbaugh Canal, that being a C-G zone and we did have some lots designated on our preliminary plat and I think we had five lots in there. We'd like to keep that lot count. It may -- the lots mentioned may move around a little bit based on the uses in the future. But, again, it will be a Meridian City Council Meeting July 16, 2002 Page 50 of 89 Conditional Use Permit for the Council. So with that I would conclude and if you have any questions I would be glad to answer those or I could answer them after other testimony. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Mr. Lee, what is that? What is that piece there? Lee: The north-south piece that you're pointing to that is the wider -- Nary: Yes. Lee: That will be a public street that connects to Copperpoint Way. Nary: That's a stub and this is -- Lee: And that's a common access driveway for those five lots. Nary: There is no stub -- this is just a stub now and there is no other access at this point to these lots, except from -- well, there isn't one. This is a canal; right? Lee: Right. Nary: There will be no access at all. Lee: There will be when that stub street goes through north on the east side. Way over on the east. Yeah. Right there. Nary: Okay. Lee: It will be contiguous there. Nary: That's the issue with the bridge. Okay. And then is there -- is there something up -- this is where the Silverstone is. Where does this stub street -- does it stop right on the other side of the stub street on that end or something or -- Lee: That's the very east end of Copperpoint Way in the Silverstone plat. Nary: Okay. Lee: So it connects to that right of way. Nary: Okay. Meridian City Council Meeting July 16, 2002 Page 51 of 89 Lee: And that road, by the way, is slated to continue on east and it will intersect with Knapp Lane at the mid mile section, so we have an east-west road and a north-south road. Nary: Okay. Thank you. Corrie: Any other questions? Okay. Thank you. Lee: Thank you. Corrie: Okay. This is a Public Hearing. I'll remind you, you have three minutes. Is there anyone here for the project to testify? Okay. We have some signed up that are against. I'll go down the list here. Mark Azakowski? Is he here? Azakowski: I have nothing to say at this time. Corrie: All right. How about Nancy Hilton? Cassie Shelton. Is the testimony you're about to give the truth, the whole truth, and nothing but the truth, so help you God? Shelton: Yes. Corrie: Okay. Your name and address for the record, please. Shelton: My name is Cassie Shelton and I'm a homeowner at 2934 South Goshen Way, which is in the Muir Wood Subdivision located right there. Yeah. I'm to the east. Yeah. To the east of this neighborhood. It's been brought to my attention in recent meetings with -- I believe it's been the Ada County Highway District and other entities that we, as a neighborhood association, would like to blockade that entrance from our entrance into their neighborhood, Sutherland Farms -- right there. With posts or some sort of barrier, because what's going to happen is if there aren't any sort of protective measures taken, one street, Muir Ridge Drive, I believe, will get all of the construction traffic and whatnot for that whole neighborhood until it's been developed and the construction workers can make and forge their own gravel pathway, usually new neighborhoods that are constructed have a gravel entrance. I know ours currently does right now. That's not an official entrance, but it's kind of a gravel path that the construction workers use. What's going to happen is that that's not blocked off right there, at least until the neighborhood is done, our entrance -- the entrance to our neighborhood Muir Woods is going to have all of the construction traffic and everything until traffic patterns are in place, I guess, and I believe that it was the ACHD's recommendations that protective measures be placed there until the final phase was completed of this neighborhood and I wanted to just make sure that that was in whatever note it is that you're looking at, because previously that wasn't mentioned, so -- that's all. Corrie: Thank you. Dave Barclay. Is the testimony you're about to give the truth, the whole truth, and nothing but the truth, so help you God? Meridian City Council Meeting July 16, 2002 Page 52 of 89 Barclay: Yes. Corrie: Name and address for the record. Barclay: My name is David Barclay. We own the property at 3465 Victory, right at the entrance to your proposed subdivision. Several years ago we purchased the five and a half acre plot there with the desire to -- there was an existing home and we wanted to build an additional home, one for my wife and I and have our daughter and her husband and our grand children live in the existing home. Silly me. I found out that this was not permissible under your zoning laws and now from my perspective it is very frustrating to see someone come in across the street and pretty much given a cart blanche from my perspective. This whole system has been a very unfriendly experience as far as the common person. From every meeting it appears that everyone wants to cater to the developer. As a voter, as a property owner, it's been very very frustrating. Victory is an extremely small road. I now find out they are going to start the construction from the south on Victory and progress northward. I repeat. It is a very small road. The original Planning and Zone meeting where everyone was available or given the opportunity to express their opinions was at a time when I was unavailable myself and my wife told me that there would be a second meeting where perhaps I might be able to attend. We found out that that meeting transpired. Apparently there was a notice the day of the meeting, but certainly not enough time for me to prepare -- for me to arrange my schedule so that I could attend. And apparently at that meeting they made some concessions with the other property owners, i.e., the eight foot wall, other concessions. But, again, our property is right there directly across the street -- exactly. All right. We thought perhaps we'd have a berm or something placed there that would block the headlights and block the traffic and sound, but apparently that -- no one's discussed that with us. We also were told that the water that's going to come along Victory -- apparently now that's coming from Eagle. And that was perhaps the only carrot that was offered to me, at least in future development or future use of our property, is that there would be a waterline there available for us in the event that we would then be able to be annexed into the city or whatever for us to build a home. And, of course, that's not going to happen now either. Of course, these are changes that apparently come to light, you know, just in the last -- at this meeting here. In summary, it's been a very frustrating experience and I know that the trend nowadays is for city councils to try to generate the revenue and apparently this is a means of generating revenue, but the impact of the people in the surrounding area is tremendous and, again, a very frustrating experience. Corrie: Okay. Any questions for Dave? Okay. Sue? Is Nancy Hilton here yet? Okay. Pat Maley. Is the testimony you're about to give the truth, the whole truth, and nothing but the truth, so help you God? Maley: It is. Corrie: Okay. Name and address, please. Meridian City Council Meeting July 16, 2002 Page 53 of 89 Maley: My name is Pat Maley, 12449 West Muir Woods Drive. My issue has already been addressed once, but just for clarification sake, we live on the street that would pick up a fair amount of traffic -- yeah. That one. From the east end of Sutherland Farms. There was a presentation made by a group of Muir Wood homeowners to the ACHD and in ACHD's consideration of their preliminary plat it's my understanding that they placed a condition for the installation of temporary bollards across Hollendale, which is where the mouse is right now and also across Knapp, at least on the north and I believe on the south, until such time as Knapp Road is connected to Overland Road. The reasoning for that is that the preliminary traffic study that was submitted along with this indicated that in the p.m. rush hour Muir Ridge Drive would have one car about every 15 seconds. It's certainly not developed for that. It's not designed for that now. It's 37 feet curb to curb, a 50 foot right of way, has a 138 degree deflection curve that's right in the pathway of that -- there is a place where the major entry into our common area, our park, is located -- Muir Ridge Drive has an island in it and so if some child were to ride a bike, a skateboard, scooter, or run out in front of a car, there is place for a car to swerve and so we respectfully request, again, that you maintain the provision that we understand is in the temporary -- the preliminary plat that would require the installation of temporary bollards until such time as the Overland Road connection is complete. Thank you. Corrie: Thank you. Rodney Reyes? Am I pronouncing it correctly? Is the testimony you're about to give the truth, the whole truth, and nothing but the truth, so help you God? Reyes: Yes. Corrie: Name and address, please. Reyes: My name is Rodney Reyes. I live at 3465 East Victory Road. I live in Dave Barclay's home. What -- to kind of recap on what he stated about living across the street from that beginning subdivision there. As you all know, Victory Road is very small and we have even had a case in the winter where we've had a car come into our yard and take out a tree. Just to some type of maybe like what Dave said, a berm or something. Nothing has been said to us on -- like he stated and that and I do have four small children that like to play out in the front yard. My -- the road actually sits probably, I don't know, four feet from my yard. I have dirt and then I have my grass and just kind concerned about what they might do to help with that and with all the construction traffic going through Victory Road. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I just have a question. Corrie: Rodney. Meridian City Council Meeting July 16, 2002 Page 54 of 89 De Weerd: Now does their entrance into the subdivision align with your driveway? Where is it in relation to your front yard? Reyes: My wife can answer that. Corrie: Is the testimony you're about to give the truth, the whole truth, and nothing but the truth, so help you God? A.Reyes: Yes. Corrie: Okay. And would you take that mike with you right there. De Weerd: And if you will state your name and address for the record. A.Reyes: Amber Reyes, 3465 East Victory Road. This -- we have a field right here. My home starts right where this road and that -- our driveway is over here. De Weerd: So that road would shine into your house? A.Reyes: Into mine and my little girl's bedrooms when they would turn onto Victory Road. De Weerd: And do you have any landscaping -- any existing landscaping that would help? A.Reyes: We have two trees. One was taken out. So, yeah, we still have one existing. De Weerd: Okay. Thank you. A.Reyes: Could I ask a question or do you want me to -- okay. Just from hearing the gentleman speak right now, the sewer is already coming in off of Eagle Road. So my question is why are they starting the first phase to the south. Right there. Why is it not -- if you already have the Thousand Springs Subdivision on Eagle and then you have Muir Woods to the east, it would make sense to put a subdivision in between those two, instead of coming off of Victory Road where you have five acre lots. Start your first phase off of Eagle Road where you already have a subdivision adjacent to it. So I would just like to ask maybe consideration of the first phase be changed to coming off of Eagle Road. Thank you. Corrie: Okay. Is Nancy back in or is she still gone? Is there anyone else that would like to issue testimony at this time? Okay. Is the testimony you're about to give the truth, the whole truth, and nothing but the truth, so help you God? Roundy: Yes. Meridian City Council Meeting July 16, 2002 Page 55 of 89 Corrie: Name and address, please. Roundy: My name is Joyce Roundy. R-o-u-n-d-y. I live at 4178 Los Altos Drive. I guess my question -- forgive me, I came in late and perhaps it was already addressed, but I live where that -- see where the arrow is? I live on Los Altos Drive. It's Ranchos Los Altos Subdivision. Shall I go point? Corrie: Yes, please. Roundy: Right in here. I think right in there. Corrie: Okay. Roundy: Our subdivision, as you may know, was built back in the '70s and we have large lots. I mean the smallest piece of land that anyone owns in there is two acres. Ours happens to be a two acre lot that butts right up against Sutherland Farms. The people to the east of us have two acres. The people to the west of us have three acres. The people across the street from us have three and a half acres. Now, granted, we realize that we were built in a different era and we could not hope to maintain those size of lots forever. I guess what we have requested in the past -- and I just don't know how this turned out yet, is that we have some transition lot sizes, rather than quarter acres up against us. To the east of Sutherland Farms, as you know, is Muir Woods and that also comes up against Rancho Los Altos. I understand that that's Boise and what we are considering here is Meridian and policies are different perhaps, but they did give us at least some better transition sizes, a third to a half acre lots up against the large lots of Rancho Los Altos. Yeah. Right where you're pointing there. Has that been established, the size of the lots up against ours? Corrie: I don't know. We will have to ask the -- Roundy: Asking a quarter acre. Is that what you're saying? I guess, then, I would put in my request that they be larger than that to give us a better transition. Another question. At one time the developer did indicate that they would be willing to keep the level of homes along Rancho Los Altos to one story, rather than two and I guess I'm asking, again, is that -- does that still stand? Nary: What is that change? So there is only -- they are 25 foot height, but it could be two story, as long as it's within the 25 foot height requirement. Roundy: Is the minimum height for one story 25 feet? Nary: It kind of depends. De Weerd: They are asking that basements to be included. That's why they didn't want the two story requirements. Meridian City Council Meeting July 16, 2002 Page 56 of 89 Roundy: Oh. I see. De Weerd: They would build down, rather than up. Roundy: Yes. Okay. It was the height. I know at one time they said, well, only one restriction should be required of those lots surrounding us. My comment would be those are very compatible restrictions -- those are compatible restrictions, because if you have a larger lot you have more room to build on a single level. Thank you. Corrie: Is there anyone else? Yes, ma'am. Is the testimony you're about to give the truth, the whole truth, and nothing but the truth, so help you God? Renke: I do. Bird: Name and address, please. Renke: My name is Caroline Renke, 3595 East Victory Road, and I'm just asking -- I did send a letter to the City Council, faxed a letter in. You received that. And the concern is our home is directly where that access road is to the south. The headlights would shine directly into our living room, dining room. But builder has made -- the engineers have made agreements to work the neighbor to the east, Mr. Sasser, putting up eight foot fences and dense trees, they haven't said anything about even putting a fence to stop the lights from shining directly -- the cars that are egressing to the south onto Victory, those lights will come directly into our home if they turn toward the east. And we have a concern regarding the development of phase one, that they are reaching the furthest that they can to annex into the city and developing that without even knowing what they are going to be doing, what the economy is going to be doing and to develop a density of those homes and commercial. But they want to be sure and reach as far as Victory to get that in and then it's easier to decide what they want to do in the future and that's -- and Victory is a very busy road and it's difficult for us to get out and turn east onto Victory the way it is now with an access road facing us. I ask you to consider the traffic. Corrie: Thank you. Anyone else? Tom? Kuntz: Mayor Corrie -- Corrie: You're already sworn. Kuntz: Tom Kuntz, the parks department. We just want to go on record in regards to the park, the private neighborhood park that they have there. Our comments were submitted to the Planning and Zoning Commission as part of staff comments on May 15th. Our recommendation was to delete lots -- I believe it was 66 through 73 on Block 1. They deleted four of those, but there still remains three lots in the southeast corner of that neighbor park. We just want to go on record that we still recommend that those three lots be deleted, so that the park size would go from four acres to five acres, so that in the future when we received a call from the homeowners association that states Meridian City Council Meeting July 16, 2002 Page 57 of 89 that we do not want to -- pay to maintain this neighborhood park any longer, would the city consider taking it over, our minimum park size is five acres. If those three lots were to be deleted, not only would it enable us to take that over at some point if the homeowners find that to be a burden, but it also would make a much better neighborhood park if those three lots were deleted and we just want to go on record. Thank you. Corrie: Anyone else? Okay. If the developer can answer the questions that have been brought up by the Public Hearing. Lee: Gary Lee with JUB Engineers. I guess I will start with -- I'll do them in order. There was discussion about the stub streets going into Muir Woods Subdivision and also going to Los Altos, Hollandale Drive and Knapp Lane. It's true that ACHD had recommended those stubs to be installed and the City of Meridian staff agreed. At the ACHD Commission meeting they decided that they'd make a compromise and request that bollards be installed on those two streets temporarily until the bridge is constructed across the Ridenbaugh Canal and that road extends to Overland Road in the future and the bollards could be removed. And as you have seen in your staff comments, they did make that recommendation. I might just add a key note to this. The traffic study that we had performed did not anticipate those roads being blocked, except for Knapp Lane and it was our recommendation that it not go through at this time. So there was traffic movement through Muir Woods Subdivision. That traffic analysis was reviewed by the Highway District and approved and they indicated level of service on the intersections affected were acceptable. The next item talks about -- I think Dave Barclay indicated -- had questions about the water on Victory Road. As far as a requirement of the City of Meridian, we will have to install water along our frontage. When we extend that water from Eagle Road through our development, it will be used for future phases and be positioned along the public road that we have planned for and then when we get to the first phase we will have to build the water along Victory. It will be a stretch to the adjacent property frontage and will be available to anyone adjacent to it on either end. So there will be water there. There will be landscaping along Victory Road. That's been a concern. The ordinance requires I guess a 25 foot buffer on Victory, as I recall. I brought along a copy of an aerial topography map that we had prepared for the preliminary plat and I'll pass this out. It kind of gives you a better representation of where the houses are in relation to our entry road. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: So, Mr. Lee, while we are looking at that plat there, that thick black line, that was the 25 foot setback? Lee: Yes. Along Victory. Meridian City Council Meeting July 16, 2002 Page 58 of 89 Nary: Is it the landscape buffer that's a berm or is it a landscape buffer that's just flat? I think the concern was about lights and all those types of things. Lee: Well, I don't recall exactly what was on the landscape plan and maybe Shari does, but it can be bermed if that's what the Council would like to see. I don't see a problem with that. It seems to be the norm of most developments. Nary: That's what I thought, too, but I just thought I'd ask. Lee: But not always. But it could be bermed. I don't see any real reason not to. So that I think addresses the road offset issue. As you can see, the outbound lane on that street coming out of Sutherland Farms, the headlights are going to come out and it will direct southerly along the fence line of the pasture. So traffic turning east there may be some lights that could reflect on their houses as it turns. Most of the traffic in our study indicated going west. So it shouldn't be impacted that much. We talked about the Knapp and Hollandale Drive and the level of service; by the way, on Muir Woods Drive and Cloverdale as a result of this development, they have a level of service C in the morning peak hours and a level service D in the p.m. I think prior to development they were both level of service C. So there is some impact, but not enough to warrant any change. We talked about the berm on Victory Road. The entrance alignment. The sewer that the -- the sewer to this property has to come through Silverstone. The sewer in Thousand Springs right now is not deep enough to service this property, nor is it in the proper drainage area for the city. So we have to bring the sewer up through -- from Silverstone through Sutherland Farm, it's fairly deep, and it's designed to service not only this side, but all the properties across Victory Road to the south and down Victory Road as well. So it's fairly deep and that's the only way we can get it through the project. And as I explained earlier, that we wanted to maintain the ranch operation and reserve the ranch facility and start our residential phase on the south. And we discussed the height of the homes along Los Altos Subdivision. We'd like to restrict that to 25 feet, if possible, if you would be willing to do that. The lot sizes along there that are orientated on the preliminary plat, most of them are in the 10 to 12 thousand square foot range, so that they are larger than the R-4. And Mr. Kuntz's comment about park, we did eliminate four of the seven lots in there. We wanted to maintain at least three lots in that area to try to help our density overall. We'd like to have something a little higher, but it just wasn't working out with the amount of transition that we were doing from the smaller lots in the interior to the larger lots on the exterior. As you can see from the plan it still leaves us a pretty good open view of the park and eliminating those three lots along the east side of the park I don't think would really greatly enhance the view. Plus it's a home on a park that's neighborhood maintained. There is an irrigation pond there. It's fairly sizeable. We will have to maintain that facility for our irrigation system. I'm not sure if it went to the city what would happen to that park -- or that pond. So there is some uses there we need for the development other than just the park. I think I addressed most of the comments that were brought up. Do you have any questions? Corrie: I believe we had -- I didn't hear about why the first phase on Victory Road and not Eagle. Meridian City Council Meeting July 16, 2002 Page 59 of 89 Lee: Well, the Eagle Road portion is slated for that office area. As you well know, there is a lot of office facilities coming in on Eagle Road with Silverstone and also El Dorado and the developer right now doesn't have a buyer who wants to build some office space, nor a multi-family. If he did I'm sure he would to start there as well. So we are wanting to declare our presence with the development by starting in a market that we know will sell fairly quickly and that will be the residential area and those are the large -- some of the larger lots in that southern area as well that are 8,000 plus square feet and lots ten and 12 thousand square foot lots are along the border. So from a market strategy and also keeping the operation of the ranch going in the interim, we wanted to do our first three phases on the south end. It's an economical thing for them to do. Although they still have quite a bit of off-site cost they are going to have to bear in that first phase. Did I answer that -- Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Mr. Lee, is this an out-parcel right here? Lee: Yes, it is. Nary: And the homeowner that you have the agreement with, Mr. Sasser, they are over on this part? Lee: They are to the east of that finger on the south on Victory Road. Right there. Nary: Okay. Lee: Three five acre parcels which front on Victory Road right there next to each other. Nary: And who owns the -- so this isn't owned by Sutherland Farms or anything? Lee: No, it's not. Nary: Okay. Lee: The closest neighbor we talked to them about the access in there and ACHD has made the requirement to provide them access to our commercial collector road. Nary: One other thing. On this -- on Eagle Road I know there is a buffer requirement as well. Is that -- does this buffer here look like that or is it taller? Isn't this 25 feet on both sides? Lee: It should be 35 feet. I'm not sure how it got put in the way it is on that picture. Meridian City Council Meeting July 16, 2002 Page 60 of 89 Nary: That's just a drawing, but it's the same on both sides? Lee: Same on both sides. Yes. I think that's the landscape plan we are looking at. Can't tell for sure. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: The entrance off of Eagle, what phase is that in? Lee: That will probably be in -- well, the actual entrance will be built in phase four. There won't be any platting, I don't believe, along that road; we are just going to plat the roadway itself to get our second entrance. De Weerd: So what are you -- I don't have anything that shows me what phase four is, so how much of that area off of Victory is built out before you get phase four in? Lee: The design that we have right here -- I think there is 112 lots that we counted in that area that we will do, but there is a stipulation in your staff comments that we have to build that access out to Eagle Road at the 101st building permit. De Weerd: Okay. Lee: That gives us our second emergency access as well. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Mr. Lee, I'm sure it was already said, but was this is green space here and green space here? Is that what that is? Lee: Yes. Nary: How much -- what is the point of that? It seems so small. Lee: Well, it is and I think that the only reason it really turned out that way is the design of the town homes, the dimensions that we thought it required in the longitudinal length of the lot. That was a leftover area and we didn't want to have a whole lot of people's back yards backing up against that collector street, so we left that landscaped area. When those limited office space facilities come in there will be landscaping requirements along that front as well so it will all blend in. Nary: Couldn't you put these three lots in there? Meridian City Council Meeting July 16, 2002 Page 61 of 89 Lee: Well, that area is a low spot in the property and we had hoped to use it for a storm water facility. And it's adjacent to that commercial and limited office area and I'm not sure how it would fit in there effectively. We'd like to have a couple lots against the park. I think there is higher value in that. Those are fairly sizeable lots, too. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: So you will have open space in what phase? Lee: Let me grab this other map. De Weerd: So, then, you have how many people living there before you have open space? I guess that's a way to do a planned use development, not to have any open space until your final phase. Lee: Well, looking at condition -- I think there is a condition in there that we have to build that park so we have the roadway entrance is the wording. I don't know if Shari remembers exactly what condition that is. I remember reading that earlier. Certainly we'd like to get through the first four phases, because that's the area that we are trying to separate from the horse ranch operation, but it could be included in the phase that is phase five when we start really getting into the horse ranch operations and all that. And that would make sense to put it in there, although it's going to be kind of removed from where phase five is. De Weerd: Where is phase five? Lee: It's just west of the open space. The park. Phase five is for the townhouse units and that loop street just east of the townhouse units. De Weerd: And what is phase four? Lee: It's the balance of that southerly piece that goes down the southeast corner. Right in there. De Weerd: Oh. Can you put it in in phase four along with the street? Lee: I could -- well, I guess I could make that suggestion. We want to build that street all the way out to Eagle Road, because that's going to put us over the 101st home anyway if we take that much more in. And there may be as far as phase five, if that is part of phase four, those lots that front that east-west collector street. In the CUP application. There you got it. The 101st permit. Same with the roadway. We have to come in. I thought I saw that earlier. I just couldn't remember where. De Weerd: Well, it talks about permits and not phasing. Meridian City Council Meeting July 16, 2002 Page 62 of 89 Lee: Right. I guess that makes sense. De Weerd: So you could be in phase six and not have a building permit on either of those. Lee: Okay. De Weerd: On the street or the open space. Lee: Could be. I think that 101 number was arrived at as an emergency access more than anything else. When we do phase four we will have to build the road. And it may make sense to go ahead build the park then, too. De Weerd: So rather than stating number of occupancy permits, you would feel comfortable with stating a phase? Lee: Yeah. I think it would end up being the same thing as the number. De Weerd: Now the drawing you gave us with the property owners across the street, this one house right across from your entrance definitely will be impacted by the cars coming out of that subdivision. You have mitigation of some of the neighboring subdivisions. Could you help them with maybe a couple trees in that front to help filter the headlights? Lee: Well, the headlights that you're going to get I guess would be the ones turning east and the number on the traffic study during that time frame is pretty small. As I remember, it was less than ten during the peak p.m. hours. I don't know if that's a significant impact to them or not. But it's something we could certainly work with them on and maybe think about some sort of buffer there, as long as it's not extravagant. But I wouldn't think the impact wouldn't be that great from the numbers. De Weerd: Well, studies have been known to be wrong. Lee: Yeah. That's true, too. De Weerd: I don't know how you study the behavior of a driver, so -- now Shari also had mentioned on your landscaping to clarify the dense mixture -- the mixture of the trees and that berm that's supposed to provide some density. Did you have a landscape plan that suggested plantings and -- I guess, Shari, that can be worked out with staff. Lee: I think that's the agreement with the Sassers that you're talking about. Stiles: Their memorandum of understanding says it will be agreed to -- mutually agreed to between Sassers and the applicant. Meridian City Council Meeting July 16, 2002 Page 63 of 89 De Weerd: Okay. That's all I have. Corrie: Any questions? Yes, Gary. Smith: Mr. Mayor and Council Members, just for the record, this subdivision will be subjected to a latecomers fee for sewer service through the Silverstone Subdivision and there may be a -- depending upon the coverage, a well development latecomers fee also. Those values have not yet been determined, as you're aware, but they will be. Thank you. Corrie: Thank you, Gary. Okay. Any other discussion? De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I know the applicant had mentioned that water would be run down along Victory, so -- for future development. Sewer needs to be stubbed to the property line as well. So future development south of Victory would have stubs off that sewer and water; is that correct, Gary? Smith: Council Member de Weerd, Mayor and Council, I can't remember the exact layout of our master plan, but if the master plan requires the area to the south and east to be served through this area, then it will need to be -- it will need to be stubbed to the boundaries of the subdivision and we will require that on the basis of our master plan as their development plan is submitted. De Weerd: So anyone south of this property should check with you and the master plan, but you would have water available? Smith: Yes. De Weerd: Is that what I understand? Smith: Yes. Water will be stubbed to the boundary of the subdivision. De Weerd: Okay. Corrie: Any other questions? I will entertain a motion to close the Public Hearing at this point. McCandless: Mr. Mayor, so moved. Nary: Second. Meridian City Council Meeting July 16, 2002 Page 64 of 89 Corrie: Motion has been made and seconded to close the Public Hearing on Sutherland Farms preliminary plat, request for annexation and zoning, and Conditional Use Permit. Any further discussion? All those in favor of the motion say aye. All the ayes. Motion carried. MOTION CARRIED: ALL AYES. Corrie: Discussion? De Weerd: I have none. Bird: I have none. Corrie: Okay. I'll entertain a motion on the request for annexation and zoning of 127.7 -- is that .74 of .64, Shari? One says it's .64 and the other says it's .74. I guess you can correct that in the minutes there from the thing. So 127.74 acres from RUT to a C-G, L- O, and R-4 zones for proposed Sutherland Farms by Sutherland Farms, Inc. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I'd move the approval of AZ 02-004, request for annexation and zoning of 127.74 acres from RUT to a C-G, L-O, and R-4 zones for the proposed Sutherland Farms by Sutherland Farms, Inc., east of South Eagle Road and north of East Victory Road, pursuant to all the staff comments and recommendations from the Planning and Zoning Commission. I don't think there is anything else on the annexation. And for Findings of Facts and Conclusions of Law and Decision and Order to be prepared. Bird: Second. Corrie: Motion has been made and seconded to request annexation and zoning. Any further discussion? Hearing none, roll-call vote, Mr. Berg. Roll-call vote: McCandless, nay; Nary, aye; DeWeerd, aye; Bird, aye. Corrie: Okay. Motion is approved. MOTION CARRIED: THREE AYES, ONE NAY. Corrie: Item No. 20 is a Public Hearing, request for preliminary plat approval of 308 building lots and 30 other lots on 127.64 acres in a proposed L-O, C-G, and R-4 zone for Sutherland Farms. Nary: Mr. Mayor? Meridian City Council Meeting July 16, 2002 Page 65 of 89 Corrie: Mr. Nary. Nary: Before I make a motion I guess there was some discussion on this particular issue. I think most of the testimony was regarding the preliminary plat and not the annexation, but I think -- I think the developer has addressed the majority of them or will address the other ones that are remaining, since I do think the Reyes and the other folks on Victory Road raise a legitimate point. There may not be a lot of cars today, but there is going to be a lot of cars in the not too distant future turning out of that subdivision on Victory Road and so I don't think mitigating that with some trees is an unreasonable request. I think that's very reasonable and fair. And the phasing issue, you know, no matter where you start someone doesn't like it, so I don't know that there really is a whole lot to address with that. I think there is always some business reason for starting on one place or another. I don't think there is really a whole lot we can do with that. The issue on the lot sizes, I think the lots are at least a little bit larger, they could be a little larger than that, you know, I guess it's open to debate, but I don't think it's an unreasonable amount. The limitation from the height without the story wording is probably fine. We will be hassling over that for years anyway. I think that the parks department request, though, on those three lots on that park, I really think I'd agree with the parks department. Having lived very close to a park that small, three houses right on top of it I think are a little troubling. I think the parks points are valid. You know, I guess I'm a little concerned about those three lots there. They have already eliminated four to make the park a little bit more of a usable open space. I guess I'm a little concerned about the ability -- I guess the discussions were for me, I don't know if anyone has that same concern about having that there. I think the rest of that open space is not really usable. That little tiny green space is not really anything of any note, and the other place, obviously, it's a swale, so there is not really as much, so I think to make that a much better situation, I guess it would be my preference that they take those three lots out and that be one big piece as the park, instead of that one piece and put the houses on top of it. But I don't know that the other concerns that -- I think the other issues that we have talked about, the bridge and the bollards to prevent the access are -- I think everybody is in agreement with, so I think the other thing to address that I guess I just have a concern about those three lots on the park. McCandless: Mr. Mayor? Corrie: Mrs. McCandless. McCandless: Unfortunately, I'm going to continue being consistent when I vote against putting numerous subdivisions on roads that are too small to handle them. Victory Road certainly is and South Eagle Road is no less either. And I just think we should enlarge the roads, get the infrastructure in there before we start urban sprawl. And I will vote against it for that reason. Corrie: Okay. Any comments? De Weerd: Mr. Mayor. Meridian City Council Meeting July 16, 2002 Page 66 of 89 Corrie: Mrs. de Weerd. De Weerd: I guess since that's a homeowner’s association park and so I don't have any opinion one way or another on the three lots. You know, I would agree that if the city were ever to take it over, that it would not be considered without -- with those lots in there and so that's something that the applicant has to keep in mind when they develop that, if that would ever be a request, if you put those lots in there, don't count on asking the city to take it over. And maybe that needs to be a note on the plat, so the homeowners association understands that. I do think there needs to be some mitigation with the property owner across the street from that entrance for a little screening. We would need to put in a variance for the height of the eight foot fence or allow the eight foot fence where it's been noted and, you know, I have concerns as Council Member McCandless has on streets, but the street counts and the information that we have doesn't give me any information that says those streets aren't adequate at this time. ACHD has given them a level of service and I'm not tracking anything there, so I can't -- I would sure love to second-guess them, but I won't. And so, Mr. Nary, good luck on your motion there. Corrie: Any other comments? Bird: I have none. Corrie: Okay. I sense -- I will entertain a motion, then, for the preliminary plat. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I guess I'll just see what happens. I would move the approval of PP 02-004, request for preliminary plat approval for the 308 building lots and 30 other lots on 127.64 or .74 acres in a proposed L-O, C-G and R-4 zones for proposed Sutherland Farms by Sutherland Farms, Inc., east of South Eagle Road and East Victory Road, pursuant to the staff comments, recommendation of the Planning and Zoning Commission and in addition to the testimony tonight that the applicant will assist in mitigating the light spillage from this subdivision on the adjacent property across Victory Road, that they will -- let's see. I think that was -- I think that was really the only issue of concern with that. And that they eliminate the three lots that are currently on the park and that -- other than that, all the other comments, as well as the comments from the applicant, and that Findings of Facts and Conclusions of Law and Decision and Order be prepared. Corrie: Motion has been made. Do I hear a second? Bird: I'll second it. Meridian City Council Meeting July 16, 2002 Page 67 of 89 Corrie: Okay. Motion has been made and seconded. De Weerd: Mr. Mayor? Corrie: Discussion, Mrs. de Weerd. De Weerd: Also on the preliminary plat did you want to note the peak height? Nary: Oh. De Weerd: Instead of the two stories, the 25 foot? And, as well, the order of phasing? Nary: In regards to the park? De Weerd: In regards to the order that it needs to be in. Item No. 12. Nary: Yeah. Let me see. Which one was the one for the height? Oh. Number 21 of the site specific requirements, that we could delete the language saying single story, but keep the language that says peak height of 25 feet or less and -- did you say the -- De Weerd: Yeah. Nary: Site-specific requirement -- De Weerd: On the phasing schedule. Nary: I guess I don't really know what the -- about the contiguous issue? De Weerd: Yeah. Nary: That it needs to be contiguous to a previously approved phase? I guess I don't -- at this juncture, based on just what was asked, I don't really want to -- I'd rather that it be contiguous, at least at this juncture until we know a lot more about what it is they actually want to develop. They can always come and ask to amend it. But at least so we know it's going to be developed, because I think the concern -- I agree with Mr. Lee, that he's spent all this money to bring the sewer line and the water line down here, you're going to finish developing it. There is a big hole in downtown Boise that's got a crane in it that's not getting developed very quick and so I'd rather it be contiguous until they have at least some idea of what they want to do differently and they can always ask to do it differently, then. So if that's okay by the second? Bird: That's fine with the second. Nary: Okay. Corrie: Any other discussion? Meridian City Council Meeting July 16, 2002 Page 68 of 89 De Weerd: No. Corrie: Okay. Roll-call vote, Mr. Berg. Roll-call vote: McCandless, nay; Nary, aye; DeWeerd, aye; Bird, aye. MOTION CARRIED: THREE AYES, ONE NAY. Corrie: All right. I will entertain a motion on the request for a Conditional Use Permit, 005. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I move the approval of CUP 02-005, request for a Conditional Use Permit for a Planned Unit Development for residential, commercial, and office park development by Sutherland Farms, east of South Eagle Road and north of East Victory Road, pursuant to staff comments and recommendation of the Planning and Zoning Commission and for Findings of Facts and Conclusions of Law and Decision and Order to be prepared. Bird: Second. Corrie: Okay. Motion has been made and seconded. Any further comments or discussion? De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: It seems to me like we have had some comments on the open spaces that need to be built as well. Did you want to make that contingent on building permits or phasing? Nary: Well, the problem I guess I have with the phasing is the phasing is decided by the developer, so I guess I don't want to get in an argument that we figure on phase four and they figure on phase three and I don't know that we could really enforce that. The development permits are a mechanism to enforce that, because that's at least something we have control over the outcome of how that gets issued, but phasing is simply -- in the final plat stage they can come back and develop the ground the way they want to build it and they are going to build it based on market and I think it's just hard for us to enforce it if we do it based on that and I think that using the building code is the tool the city has to do that. Meridian City Council Meeting July 16, 2002 Page 69 of 89 De Weerd: Can you -- for a phase -- a phasing -- phase four or 101 building permits, whichever is sooner? Nary: Well, I think he said they were the same thing. I think his testimony was that they would be built -- by the time they got to building 101 homes that would be phase four. They wouldn't be 101 homes and not build a park, so -- unless you want to -- it's difficult, I guess, from a marketing standpoint to try to force when is that park the right time to develop. The figure 101 is at least something that is agreeable and was realistic on the amount that was being sold, so -- yeah. I think it's on the CUP -- or on the preliminary plat, but I think -- it's on the preliminary plat. De Weerd: It has the eight-foot fence. Nary: Yes. It has the eight-foot fence as a condition, so -- so I don't think there is really anything to change in the recommendation. Corrie: There was a second? Bird: Yes. Second. Corrie: Motion has been made and seconded for the request for Conditional Use Permit. Any further discussion? Roll-call vote, Mr. Berg. Roll-call vote: McCandless, nay; Nary, aye; DeWeerd, aye; Bird, aye. Corrie: Approved three-one. MOTION CARRIED: THREE AYES, ONE NAY. Item 22: Public Hearing: AZ 01-015 Request for annexation and zoning of 34.60 Utility Subdivision acres from RUT to I-L and L-O zones for proposed by Falcon Creek, LLC – 3365 North Ten Mile Road: Item 23: Public Hearing: PP 01-017 Request for Preliminary Plat approval of 11 building lots on 34.60 acres in proposed I-L and L-O zones for proposed Utility Subdivision by Falcon Creek, LLC – 3365 North Ten Mile Road: Corrie: Okay. Item No. 22 and 23 is a Public Hearing. This is on the Utility Subdivision by Falcon Creek, 3365 North Ten Mile Road. And at this time I will open the Public Hearing on both the annexation and zoning and preliminary plat. And will invite staff's comments first. Same way with the Public Hearing, the developer has five minutes and the other people on the sign-up sheet are -- where they are now -- would have three minutes. De Weerd: Mr. Mayor? Meridian City Council Meeting July 16, 2002 Page 70 of 89 Corrie: Mrs. de Weerd. De Weerd: I just still have one comment and I'm sorry that most of the neighbors left, but on the Sutherland Farms, we realize that traffic is an issue, but we have some major business parks going in, in that area. If we don't put housing there, we are creating even more traffic, because people won't live near where they work and that has been a goal of the Council is trying to get that kind of situation and get people living around where they are working and, boy, Cherie, if I could figure out how to get roads first, I would be beating that door with you. Unfortunately, ACHD I think is in the same situation, we are always behind the dime. Corrie: Or the nickel, as the case may be. Okay. All right. Thank you. Staff. Stiles: Mr. Mayor and Council, this property was the item of the discussion in a previous application that was before the City Council for request for a text amendment to the Meridian Comprehensive Plan. This application does still fall under the existing Comprehensive Plan and not the new Comprehensive Plan. The applicant has changed the proposal to request a light industrial zone for two lots on the northern boundary of the property where they are proposing that the -- a waste transfer station and the Sanitary Services Company be permitted to go in. I'd just like to remind Council that a Conditional Use Permit was not submitted as part this application, so any conditions that you might place on this would have to be included in the annexation and if that includes some of the details of any site specific details they have provided, that you have -- that you specifically note those so it is included in the development agreement. As a result of a request for a Comp Plan text amendment, the City Council did approve a text change to allow -- to add one sentence that said limited light industrial uses may be considered in the area immediately adjacent to the wastewater treatment plant. However, no map amendment was approved at that time. With the request for light industrial zoning immediately adjacent to the wastewater treatment plant and the remainder of the property left at L-O, the current Comprehensive Plan does not currently support that zoning. The one-acre park that's previously shown on the plan has been removed. This cul-de-sac has been shortened from the cul-de-sac originally shown. Also they have provided flag lots to provide access direct frontage and street access to this lot and also this lot. They have submitted elevations for the Sanitary Service office maintenance building and waste transfer station. The Planning and Zoning Commission did recommend denial of this application due in part to their determination that the use did not constitute light industrial use. Meridian city code does define that light industrial zone as encouraging the development of manufacturing and wholesale establishments which are clean, quiet, and free of hazardous and objectionable elements such as noise, odor, dust, smoke, glare and that are operated entirely or almost entirely within enclosed structures, uses incompatible with light industrial not permitted and strip development is prohibited. This was from the staff -- the staff report dated June 10th, 2001. The applicant has -- the representative has submitted a letter dated June 7th, 2002. There has to be an error on this date, June 10th, 2001. It has to be 2002, I think. We do have a letter from the applicant's representative outlining some additional considerations for this project. They are Meridian City Council Meeting July 16, 2002 Page 71 of 89 discussing things that would be appropriate in a mixed-use classification of MU-WTP. That classification does not yet exist. They have proposed that all developments proposed in the MU-WTP area will require approval as a planned development through the conditional use process. The uses that they are proposing would include normal residential uses -- actually, this is from a work session the City Council discussed this. Existing residential uses may remain. Professional office uses were acceptable. Warehousing uses, flex space uses, office/warehouse uses, business park uses, and mini storage. We would not have a particular argument with that should that actually be put into our zoning ordinance and designated as such within the zoning ordinance. The only issue we may have -- I know we have included in the Comprehensive Plan, but we would need a better definition of what a business park was, if that were to be included as a permitted use. Unless you have questions for me, I will let the audience speak for themselves. I know the applicant's representative is here and she is ready to answer any of your questions. I believe one request that the staff would have, should you choose to approve this annexation and zoning, is that all of the uses require going through a conditional use permit and that the uses allowed in the development agreement be very specific as to the type of uses that will be permitted with a Conditional Use Permit. That's all I have, unless you have further questions of me. Corrie: Okay. Any questions of staff? Bird: I have none. Corrie: Okay. Is the applicant here this evening? The representative? Okay. What we have here, usually we have five minutes for a Public Hearing and we are using two of them, so you have ten minutes. You don't have to use it if you don't need to. 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? Ford: Yes. Corrie: Name and address, please. Ford: Good evening, Honorable Mayor, City Council Members, for the record Ashley Ford, Hubble Engineering, 71 South Allen Street in Meridian. I'm here tonight representing Falcon Creek LLC, the applicant on the subdivision and SSC, the applicant regarding the transfer station. Tonight we are before you with a request for annexation and zoning of lots one and two to I-L, zoning of lots three through 11 to L-0, the approval of Utility Park Subdivision and approval of the development agreement for an office with four shop areas and a waste transfer station on lot two. As Shari mentioned at the April 17th, 2002, work session, the Council recognized that this property needed a special land use designation due to the approximately to the Meridian waste treatment plant. The Council directed staff to create a new land use classification, a Mixed Use Waste Treatment Plan to the site. At the work session the Council discussed the type of uses that would be appropriate to the new mixed-use classification. Shari has outlined those for you. I-L does not seem an appropriate land use within the land use Meridian City Council Meeting July 16, 2002 Page 72 of 89 classification. The Council also indicated that the proposed L-O zoning would be an appropriate transition buffer between the I-L for the northern portion of the site and the residential subdivision to the south. We do understand there are a number of concerns that the Planning and Zoning Commission and city staff have in regards to a transfer station for the site. Staff is concerned regarding the design of the transfer station's lack of means to secure the northern elevation of the building. Color photos have been provided to staff and I believe Shari has those in the presentation and they show other transfer stations that are located in Idaho. Typically these facilities do not have closing doors and if they were placed on this transfer station, these doors would remain up during normal business hours. The only reason for such facilities to have doors is to provide security measures. With the proposed security fencing that we have around the site, we are requesting not to put one on the facility. The orientation of the building is such that it's facing away from the residential uses and towards the treatment plant. Now as staff mentioned it's several hundred feet away from the residences. We realize there are concerns in regards to noise, odor, and litter and the potential impact to the surrounding neighbors. Steve Sedlacek of SSC is here tonight and has taken noise readings at their facilities at Franklin Road, locations near the subdivision, and the Latah County transfer station. A copy of these results should have been included in your packet and I will get Steve the opportunity to address these findings in a few moments. Landscaping and berming will help buffer any noise transmission on the site. A detailed landscaping plan showing the height of the berm and the type of landscaping has been submitted with this application. The applicant is requesting Council to keep in mind a fully landscaped berm will provide -- will be provided on the southern part, which will have mature landscaping by the time the transfer station will be built in five years. Trees are excellent for breaking up noise is common to this Commission. Solid walls are where you have issues with the noise bouncing off the wall and bouncing up and out. It is also likely buildings in the propose office portion of the project will already be constructed, thus providing even more of a sound barrier between the residences and the site. The compactor for the transfer station is located within the building and is enclosed in a concrete encasement to help buffer the noise radiated. But this also help keep out any sort of debris, trash, litter from leaving the facility. The compactor is an electric motor, which is very different noise wise from a hydraulic motor. Noise should be the equivalent to that of a waste treatment plant and, like I said, I will have Steve maybe elaborate a little bit more on that. In regards to the issue with litter and odor, both DEQ and Central District Health will require a litter and odor control plan before any permits for this site will be issued. Also, it should be understood that the waste is compact somewhat to that of a brick. A summary of the solid waste industry regulations has been provided for you and your staff report and, again, I will let Steve comment on that. The next item of concern is regards to the landscaping and fencing of Lot 2, Block 1. Shari, can you put up the detailed site plan. Is there not one in there? Stiles: Let me check. Just a second. Sorry. Ford: Okay. No problem. For the Sanitary Service site, the applicant is requesting to landscape only the portion of Lot 2, Block 1 that will be developed at this time, which is roughly right in here. There are not any uses planned on the western portion of the Meridian City Council Meeting July 16, 2002 Page 73 of 89 property. If and when expansion of the site occurs it will be most likely ten to 15 years in the future and will be required to go through the CUP process. The applicant asks that the Council realize that there is such a large amount of landscaping and that they are trying to be a good neighbor by providing more than the required landscaping along the southern boundary and providing the temporary landscape buffer that runs north-south midway through the site. The portion that is not landscaped will be maintained by mowing, so that portion of the property does not become unsightly or noxious. We do plan on providing security fencing within the boundary of Lot 2. We do understand staff has concerns with the fencing not being visually appealing and that the fencing will not be able to be seen once the landscaping is mature. A diagram of the typical fence and berm has been provided to the Council, I think an 11 by 22 was provided to you today. It shows a six foot high security fence placed within the property boundary with 12 -- 12 and a half feet of berm with lawn on a three-to-one slope, which will provide an estimated height of four feet. A tall evergreen will be provided with a mature height of 20 feet and then an additional 12 and a half feet of berm to the parking line. The next item of concern is regarding the environmental impact statement. Staff recommends that the applicant be required at a minute to provide an EIS assessment for the site and the purpose of its uses. The applicant contends this is not necessary for the following reasons. First, the federal regulation for the EPA, DEQ, and Central District Health, will meet or exceed any requirement associated with an EIS and the federal regulations for these agencies do not require an EIS for a transfer station. The activities associated with a transfer station will occur within concrete walls in a building and any discharge will be contained in a sand and grease trap, which will be regulated by DEQ. The applicant will not be discharging any material into either creek abutting the property. Again, lists of these regulations have been provided to Council. The applicant is in agreement with staff's recommendations of the hours of operation. However, we would like to modify the condition to include: With the exception of departing commercial trucks. These trucks do have commercial pick up which necessitates leaving the facility at 5:00 a.m. in the morning. The next issue is in regard to the required pathways along the Nine Mile Drain and Five Mile Creek. The parks department requiring a ten-foot pathway outside the western property line, the properties right along the Nine Mile Drain and File Mile Creek. Nampa-Meridian Irrigation District has an agreement to make a new waterway. The main issues we see are the following: First, the pathways will be outside of our property boundary. We understand that the city and the district do have an agreement to put pathways along canals and ditches, but plans would have to be submitted six months in advance to be approved. Second, the Five Mile Creek is the only designated pathway within the Comp Plan. We did compromise with staff of the Planning and Zoning Commission and agree to construct a pathway. The Nine Mile Drain does not have a pathway, or does it go anywhere. Staff was in agreement that this pathway did not make a lot of sense. Inglewood Subdivision to the south does not have a pathway and there were considerable questions by staff if there were an adequate easement. Therefore, we request the release of this portion of the condition. While we agree to construct the path along Five Mile Creek, the parks department is requiring a ten-foot pathway. However, there are many examples to the city that there are only five-foot pathways and you can select the verification of what is being required. We realize the neighbors have concerns that this development will change the rural Meridian City Council Meeting July 16, 2002 Page 74 of 89 character of the vicinity. However, any development will generate more traffic than what is there already. The site is not surrounded by residential uses on all sides, which needs to be understood. There is a treatment plant to the north and agricultural land use to the west. The applicant is proposing L-O, which will provide a significant buffer between the proposed industrial use and the residential use. I'd like to reiterate that we are approximately 800 feet from the nearest residential use. It is the belief of the applicant that these issues have been addressed to the best of our ability and that the applicant has worked with the City of Meridian to find acceptable uses for this site. Staff, the Commission, and the Council have agreed that residential uses are not what is envisioned. The Council did recognize that unique circumstances are placed on the site with regard to being next to a sewage treatment plant and thus changed the Comp Plan text accordingly. A certified traffic study was submitted to ACHD for development citing traffic numbers generated by the uses, including the transfer station. ACHD has approved this application. The transfer station will take access off the proposed local road within the development. The subdivision does abut two minor arterials which ACHD agrees can accommodate such a development. There was a consent at the Planning and Zoning Commission regarding the site lying in a flood plain. This site does lie within the 500-year flood plain and we have received verification from the Ada county engineer that this use is permitted. All in all, if the applicant does not agree -- does not abide by any of the conditions of our approval, they have the City of Meridian and the federal and the state and the local agencies that can shut them down. Before I give Steve a chance to come up with concerns, he can explain further the noise study and the agency regulations, I would like to request one item from the Council. Steve's facility has burned down. Basically, SSC needs to move forward with a new site. We request approval of the annexation and zoning, preliminary plat and a transfer station by a development agreement. However, if you can't approve the transfer station this evening, we ask approval for the other applications. We feel that staff can recommend approval of those as well and be happy to answer any questions. Corrie: Any questions? Okay. Perhaps Steve can come up on rebuttal at the end. Ford: Okay. Corrie: Okay. This is a Public Hearing. I have a few here that signed up for it. Is there anyone for the subdivision? Steve Sedlacek. You can have three minutes of that time if you'd like. Is the testimony you're about to give the truth, the whole truth, and nothing but the truth, so help you God? Sedlacek: It is. Corrie: And your name and address, please. Sedlacek: My name is Steve Sedlacek, 723 West Franklin. I'm the business manager for Sanitary Services. I just wanted to hit a few points. Actually, it's -- don't have much time, it's getting late tonight. The first question I had for Council tonight was, as Shari accurately pointed out, the P&Z Commission said to us last month that basically they Meridian City Council Meeting July 16, 2002 Page 75 of 89 kind of liked the layout of that subdivision, I-L on the north, and putting in the mixed office use, but they said, quite frankly, that Sanitary Services is not allowed in an I-L zone and I suspect that it's because of the Section 11-7 in the zoning ordinance that says you cannot generate odor, noise, glare and some other items. Although in Section 11-8 of the zoning ordinance it says that permitted use in an industrial zone is a solid waste transfer station, a contractor's yard, those are the things that we are going to do on this parcel and the reason why we have come to you and told you exactly what we are going to do is so that everybody knows -- you know, we are not hiding anything from anybody, we don't want to get it zoned in a certain way and then start building different types of buildings, we just want to be open and up front with everybody. So that's why we have requested, since these are permitted uses according to the zoning ordinance, we have requested that they not be conditionally permitted. I do have to seek a Conditional Use Permit from DEQ that is enforced by the health districts. I guess another point to make, Ashley had mentioned that we were going to build a transfer station in five years. We don't know that. We don't know if we are going to build a transfer station. This is a tool that we are going to need to service this community, perhaps, if we have to do long haul transfer of waste out of this town. Now it might be that we need it and it might not, I'm just not sure. But I'm going to tell you up front that this is a thing that we might have to have. Secondly, I guess the first question I'm hoping you will answer tonight is can we get an I-L zone and if the answer is no, I guess the rest of my discussion is sort of mute, but let me go through it anyway. We did do a noise study -- there were some questions that the neighbors have about noise, basically what we did was we came up with a noise survey that we have handed out to you. We used the Latah County transfer station as a surrogate and we took noise measurements. Basically we found that 800 feet away, which would be the nearest residence, you're not going to be able to discern the noise from the traffic on Ten Mile and Ustick. Indeed, the neighbors are impacted by noise and it's noise from traffic and that traffic is going to get worse when Bridgetower goes in and Lochsa Falls and whatever besides Sanitary Services that goes into this parcel, traffic is going to get worse and I don't know what to do about that. And my times about out, I guess that's my comment right there, so I'll leave it at that. Thank you. Corrie: Is there anyone else that would like to testify in favor? Okay. We have Janet -- is the testimony you're about to give the truth, the whole truth, and nothing but the truth, so help you God? Wilder: It is. Corrie: State your name and address. Wilder: Janet Wilder, 3340 North Ten Mile Road. Corrie: Okay. Wilder: I just had a few comments about waste transfer stations. I was curious as to what they were and so I made a trip down to Twin Falls to look at their transfer station Meridian City Council Meeting July 16, 2002 Page 76 of 89 there. I found it out in their industrial area. There were no houses around it. It had Amalgamated Sugar was to one side of it and Monroc was across the street from it. I don't remember what the other businesses were, but in back of it was open space. There were no residential. We were down there -- my daughter went down with me and it was probably 4:00 or 4:30 when we were down there, so we weren't there at the busiest time, but it still was noisy. There was something inside the building that you heard clanking. I don't know what it was, but it was noisy and we were to the street, I don't know how far away it was, but I found it noisy. We did stop at Wendell on the way back and it serves I guess Wendell and Gooding, it's out between Wendell and Gooding, clear out in the country and nothing around it, but a salvage yard or graveyard for cars across the street from it and they did have rubbish piled up in a berm, they had a bunch of refrigerators and appliances piled outside the building and another brush pile that was piled up real high with brush and pallets and things in it. So I certainly don't want to see that in the neighborhood. I don't think this is the place for a waste transfer station. There are too many neighbors. Recently you turned down Blumacs Bar in Old Town Meridian for basically the same reason, just didn't fit in the neighborhood. I would ask you to use the same consideration here. Another concern that I have is medical waste, what sort of hazards are they going to pose for the neighborhood. Let's see. I guess maybe that's it. So thank you. McCandless: Mr. Mayor? Corrie: Mrs. McCandless. McCandless: Mrs. Wilder? Wilder: Yes. McCandless: Would you object to the trucks being out there without the transfer station? Wilder: From what I understand from people that work on the trucks, have anything to do with the trucks themselves when they are empty, that they are very smelly when they are empty. I have -- I know someone that is a mechanic that has worked on them and they just shudder when they have to work on them, because they do contain an odor and so for that reason I probably would be opposed to the trash trucks being there. I think there are some other uses. The office use and that probably wouldn't be objectionable, but there is rodents, you know, that are going to come with smell and trash. Seagulls. Now that's the other thing at the Twin Falls station that we saw were Seagulls present. So, you know, my answer would be, no, I guess, that I wouldn't want to see them there. McCandless: Thank you. Wilder: Okay. Meridian City Council Meeting July 16, 2002 Page 77 of 89 Corrie: Okay. Charles Crane. Is the testimony you're about to give the truth, the whole truth, and nothing but the truth, so help you God? Crane: Yes, it is. Corrie: Name and address, please. Crane: Charles Crane, 3610 West Ustick Road. I'm the human that lives west of this where it's supposed to agricultural. I'd like to characterize this neighborhood as a family neighborhood. There is a new grade school going in on the south side of Ustick that's almost completed now. There is families all over across the street. My house I have a family, I have a child, and the new Bridgetower Subdivision is going to be families. So I don't like to hear this being characterized as an industrial garbage dump. This is a family neighborhood and I disagree strongly with them calling it something else. I'm a little jealous of the Sutherland Farms developers to hear the developer working with the neighborhood voluntarily putting in parks and worrying about fences and berms without neighborhoods trying to force that out of them. I'm a little jealous of that. I would like to see a lot more details on this if it does proceed. The landscape plan for one is not very detailed. I was looking through the city's landscape ordinance and I need a clarification from the Council. The pathways and the greenbelt, I was looking at classifications for uses and you have a class one through five on the land use intensity classifications and in class one we have single family homes and parks. I was wondering what classification the pathway greenbelt would be? Would that be considered a park for this classification as intensity? Nary: Yes. Crane: Yes, it would be? Okay. And then in the city ordinance class five, which is the most intense use, recycling, light industrial listed. So according to the city ordinance, if I read it properly, if you have a class five use next to a class one use, you need to have a 35 foot landscaping zone on that more intense use and their landscaping plan shows no landscaping over on the borders of my property. The most recent one I saw at Planning & Zoning has no landscaping at all. So I would like a lot more detail if this is to progress at all, since there is not a CUP. The one person that hasn't been represented at the meeting is the residence that's very close to this, the Ten Mile transfer -- or the storage unit has a live-in manager there. She did express some nervousness. She didn't want to come to the meeting, because her boss is involved in Bridgetower and she doesn't want to lose her job, but she was very concerned being very close to where this is, right across the Five Mile ditch. Okay. Thank you. Corrie: Any questions? Thank you. Cheryl Hennings? Is the testimony you're about to give the truth, the whole truth, and nothing but the truth, so help you God? Hennings: It is. Corrie: Okay. Your name and address, please. Meridian City Council Meeting July 16, 2002 Page 78 of 89 Hennings: My name is Cheryl Hennings and I live at 2696 North Morello here in Meridian. Seven months ago I spent two enjoyable days meeting all of the people in my subdivision as I went door to door collecting petition signatures against what was being propose for the property at the corner of Ten Mile and Ustick. One of my new neighbors signed the petition, but informed me that what I was doing was useless and would make absolutely no difference. I was shocked. He just shook his head as I left. Well, nothing has changed since those two cold days in January, except when I went around the two days it was really really hot. My neighbors continue to support efforts to have this parcel zoned in such a way that the integrity of our part of town not be compromised and my skeptical neighbor still shakes his head and now smiles at the same time. We maintain that industrial as it stands is not appropriate for this land. Mixed use or less would give us peace of mind that each and every request would have to meet conditional use criteria. This vulnerable piece of property needs the utmost development protection. This is the wrong location for a waste transfer station and recycling facility. Communities throughout our state have located their waste transfer stations well outside of their towns, not in the midst of existing residential development. And for good reason. Despite the optimistic statements given, there will be debris, there will be noise, there will be odor, more than we already have. We already live with cows and the treatment plant and that's plenty. And there will be a significant increase in large truck traffic. Meridian neighborhoods are protected from noise pollutions in her own ordinance. Please protect this piece of property, the surrounding neighborhoods, and the community from inappropriate development. Thank you. Corrie: Thank you. I can't read this -- the first name is George. Name last? George: John George. Corrie: John George. Is the testimony you're about to give the truth, the whole truth, and nothing but the truth, so help you God? George: It is. Corrie: Okay. Name and address, please. George: John George, 3070 North Turnberry Way. I'm also a board member of the homeowners association for Dakota Ridge, approximately 1/8th of a mile west of the proposed site. Pretty much the facts that I have to bring to your attention have been mentioned. Let me emphasize on the trash truck traffic. At the Planning and Zoning Committee meeting we figured as a group there would be approximately 100 trips per day -- 100 trips per day within a five-year period. The safety issue with Ponderosa Elementary School going in, again, I'd like to emphasize that. Children going home on their bicycles, walking along the roads with that increased traffic is a big concern. The stench -- basically I don't care how you camouflage it, it's a dump. We as an association do not want this facility built. We ask that you deny admitting I-L zoning. Thank you very much. Meridian City Council Meeting July 16, 2002 Page 79 of 89 Corrie: Thank you. Mark Reese. Is the testimony you're about to give the truth, the whole truth, and nothing but the truth, so help you God? Reese: I do. Corrie: Name and address, please. Reese: My name is Mark Reese. I live at 3081 North Dakota Ridge -- sorry. North Turnberry Way in Dakota Ridge. I deny from many reasons. It seems to be that's a very illogical thing to put a dump site in an industrial area and not mix in a place where people live, so urge you to think carefully and deny. Thank you. Corrie: Thank you. Mark Madsen. Dana Borquist. Is the testimony you're about to give the truth, the whole truth, and nothing but the truth, so help you God? Borquist: Yes, it is. Corrie: Name and address, please. Borquist: Dana Borquist. 3125 West Gallant Court in the Hartford Subdivision. It's a new Hubble Homes subdivision. First of all, I'd like to say when we went to the Hubble Home office asking what was going to be potentially built in that new -- in that field to the west of us, they told us a nice city park. We dealt with Hubble, but I'm not associated with Hubble, but I can't say for sure, but I'll bet you anything if you go in there tomorrow and ask the gals that work in that office, they will tell you a park is going to be built over there and that's all. It's really misleading. I am definitely against this waste transfer treatment center going in in this area. I know that the applicant needs this business, I know that we all need it as consumers, but this is not the right place for it and if you look at all the beautiful homes that picture showed and then the yellow building, it just does not go with the neighborhood. I understand we live close to the wastewater treatment center. However, if the zoning shown is proper -- and it sounds like it is and they are trying to change the zoning that's already in place, you can have storage units or offices -- plenty of people will have their business there as far as warehousing or things like that, it's not going to be a problem to find potential customers. I would also like to publicly thank the Planning and Zoning Commission for listening to us and denying this request or saying they are against it. I don't know exactly the right terms to say, but it kind of shows that if people get together and have a cause that sometimes they are heard and I appreciate that and I appreciate your time in this matter. I would just like to ask you to honestly to sit down and think if you were living in our neighborhoods if you would want this in your backyard and I know the answer would be no. Again, I would like to thank you for your consideration in denying this for the applicant. There are many other places I think that is proper. They might have to spend a little more money and a little more time finding those places, but they do exist. Thank you. Meridian City Council Meeting July 16, 2002 Page 80 of 89 Corrie: Thank you. That takes care of the ones that signed up. Is there anyone else from the public that would like to issue testimony? Yes. Is the testimony you're about to give the truth, the whole truth, and nothing but the truth, so help you God? Cody: Yes. Corrie: Name and address, please. Cody: My name is Charles Cody. I live at 3691 West Niemann. That's in Dakota Ridge Subdivision. And I have a couple concerns by this type of operation. I find that this is the first time in my experience of anywhere I have lived that this type of operation was trying to move into an established neighborhood. Usually the complaint is the neighbors moving into these places knowing that this operation was, in fact, there and they had no complaints. Most of the neighbors have made it very clear how we feel on this and for the health reasons and such and such. I have a couple of points that I would like to also make. First of all, Steve did make a statement here tonight that he wasn't trying to hide anything and I think that's pretty much true, because you just can't hide a dump. The birds will seek it out, the rodents and the stench and the noise. Then there was a cover up -- and everybody realizes once you let a cat out of the bag -- it's easy to let the cat out of the bag, but it's awful hard to put it back and who is going to have to patrol for this? Once these things are in operation you have a tendency to forget about the controls and forget about the neighbors and it progressively gets bigger and bigger and they talk about a recycling center here also and they don't want to talk about the noise. With every recycling center I have ever went to all the operators have earmuffs on. Well, I don't understand that. If it isn't going to go into the neighborhood, why would they be concerned about noise? Then they discuss about a path, they wanted to pave a path and make it look nice. A path to where? Who is going to walk a path in a dump area next to a waste treatment plant? Maybe the homeless or the dope dealers. I don't know. I sure certainly wouldn't want to find out. Well, that just about has it with me. I just feel that this is not a healthy situation to put in a neighborhood. It doesn't have their problems. I sympathize with Steve and his operation. As has been stated here tonight, we do need it, but also, again, as has been stated, this is not the place to put this type of operation. Thank you. Corrie: Thank you. Anyone else? Okay. Council, questions while the Public Hearing is still open? Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Is Mrs. Stiles here? Corrie: Oh, I forgot. Steve, you do have five minutes here after we are -- for some of the questions that the people have brought up. I apologize. Meridian City Council Meeting July 16, 2002 Page 81 of 89 Ford: Ashley Ford. Well, you have listened to me talk a lot and we could get Steve back up here, but he has given me some of his notes and let me be the bad guy up here. One thing that I did forget to note in my presentation was that we were going -- we are not going through a CUP process, but, yes, we are asking that the Council consider this as a part of our development agreement, which is essentially going to be the same as going through a conditional use process. Staff has even made the statement in the staff report that we had submitted all the requirements of a CUP application, the landscape plan, the elevations, et cetera, and so hopefully if you look at your annexation, if you do decide to agree to approve that tonight, then we can work out the details and put it in the development agreement. It is a legally binding document. Regarding the trash, you know, I guess there is trash at some waste transfer stations. This one will not. Yes, residents can come and drop off their trash to this waste transfer station, but it won't be left at the gate like some of these other stations are allowed to do. Steve has a lot of pride in his business and will not allow that. Also we are subject to conditions of approval, so at anytime if we are not complying with the conditions of approval of Meridian staff and Planning and Zoning, they and all the other agencies, that our permits can be pulled, plain and simple. So you can make that a condition of approval. Regarding the landscaping on the southwest border along Mr. Crane, we will meet any landscaping requirements of the ordinance. Plain and simple. We will meet that. If that's your requirement, we will be there. Regarding traffic, like I said, we meet ACHD standards. A hundred trips per day, that's really nothing on minor arterials, as we all know. Minor arterials can hold up to 15,000 vehicle trips per day. We know that this portion of Ustick will be made into four lanes. When that will happen I don't know, but we know that that -- it is classified as a minor arterial, that is the purpose of those arterials is to take the traffic. I heard many residents say this is a dump. This is not a dump. This is a waste transfer station. Basically it's trucks -- it's smaller trucks loading the trash into -- compacted trash, like a brick, into larger trucks. It's in the facility. It's confined to the facility within concrete walls. That's what needs to be understood. In regards to Steve's comments, transfer stations are mostly in rural areas. Unfortunately, there are few rural areas remaining in Meridian. They are looking at all zoned property in Meridian. We don't collect medical waste. There is a small amount in residential waste -- the residential waste stream, there is no impact to the public and others. There have been no complaints from the current facility and they are only 75 feet away from a 4-plex and, once again, we will have to meet all the regulations for odor and noise and litter, with all the agencies, DEQ, Central District Health, et cetera. And I'll be happy to stand for any questions. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Ms. Ford, I'm curious. An issue that was of some concern to the Planning and Zoning Commission was the definition of light industrial and how this facility as a waste transfer station -- I don't know that there was discussion in regards to the parking lot for trucks. Since this is a waste transfer station, we have the definition that talked about hazards and objectionable elements, such as noise, odors, dust, and that it is operated Meridian City Council Meeting July 16, 2002 Page 82 of 89 entirely within an enclosed structure. What I heard you say earlier is that you don't want this to be an enclosed structure, you want it to be open on one side. Ford: Open on one side, that's true, but the transfer takes place within a concrete -- within concrete walls which is further back into the facility. Nary: But I think what's contemplated by the ordinance is a building. Ford: If that's a make or break situation on this, we will put a door in it. What we are trying to explain is during normal business hours that would be open due to the trucks moving in and so forth. So that would be Council's call. We will comply with conditions that you place on us. Waste transfer stations don't have that third door, but -- Corrie: Any questions? Ford: Thank you. Nary: Mrs. Stiles, I was just curious, I guess. I wondered if we were going to fight this battle forever, but under the new zone in the new comp plan, if they started all over again once that is finalized, wouldn't this fit within those -- what's contemplated there? I think it was fairly left wide open. Couldn't we basically be back having the same discussion again? Stiles: Well, the uses that were proposed for that Mixed Use Wastewater Treatment Plant area were the ones that are listed in Ashley's letter of June 7, 2002. Those are the ones that were discussed with the professional office use, warehousing, flex space use, office warehouse use, business park use, and mini-storage. Nary: I guess my question is is that if we were to deny this application based on the reasoning that the Planning and Zoning Commission used that it didn't fit the light industrial zone, once the new Comprehensive Plan was in place it would, in theory, fit in that -- in the zone that's contemplated for that area at that point, so we would still be arguing about the conditional use, but we wouldn't be arguing about zone; is that correct? Stiles: I think there are light industrial uses within those uses I just discussed, but some of those would fit within that light industrial use, yes. Nary: Thank you. Corrie: Tom. Kuntz: Mr. Mayor and Council, just to go on public record in regards to the preliminary plat, the parks staff recommends a pathway -- ten foot wide pathway with a 30 foot easement buffer along the Nine Mile -- excuse me -- Five Mile Creek, because it is a main corridor -- pedestrian corridor that will link up to Tulley Park, will link up with Meridian City Council Meeting July 16, 2002 Page 83 of 89 Bridgetower, will link up with Meridian Road, which is currently linked with Tulley Park now. It's important that we have landscaped easements so that people will use it, but we also feel like there needs to be a pedestrian pathway along the Nine Mile to service the subdivision south of Ustick Road to link up with the Five Mile Creek Pathway. Also in comments we have asked for the developer to bond or put in place monies to help pay for a bridge, pedestrian bridge, that would go across Nine Mile. And those comments are all contained in the Planning and Zoning prior meetings. Thank you, Mayor. Corrie: Okay. Thank you. Any other questions from Council? Bird: I have none. Corrie: Okay. I will entertain a motion to close the Public Hearing. McCandless: Mr. Mayor, so moved. Corrie: Mrs. McCandless moved. Do I hear a second? Nary: Second. Corrie: Okay. Motion has been made and seconded to close the Public Hearing. Any further discussion? All in favor? De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: Staff has said something that it looks like the applicant would like to respond to. I think the applicant should have that chance. Corrie: I'm sorry. I didn't even see you. Okay. Ford: Thank you. Make this brief. Regarding the ten foot paved pathway, we were going to do that along the Five Mile, we agreed to that, we just want clarification as to why it needed to be ten feet. Regarding the Nine Mile, regarding the bridge, this is the first we have heard of a bridge. And, second, regarding the Nine Mile -- the conditions of staff, they have made the recommendation that that can go away, because it doesn't lead anywhere and it doesn't make a lot of sense for the site. So we are in partial agreement with that condition. Like I said, I just wanted some clarification from Tom Kuntz on the nine feet. But the bridge, this is news to us and we request that that be deleted. Corrie: Tom? Kuntz: Mayor and Council, the ten foot wide hard surface pathways is a standard that we have adopted. There is other developments that we can show to verify that to the developer. The bridge issue, there is nothing new. If you go back through our comments Meridian City Council Meeting July 16, 2002 Page 84 of 89 to Planning and Zoning, I can show the developer that the bridge was an issue and is an issue. And, again, we -- the parks staff feels like the link to the Five Mile Creek pathway along the Nine Mile is important for those subdivisions, Dakota Ridge, Inglewood to the south, so that the kids don't have to go to the intersection and go up to the Five Mile. Now that link may not have to be ten foot wide, we certainly can discuss that issue, but those comments, again, were made twice to the Planning and Zoning, so there is nothing new. Ford: And just one last comment. The comment regarding -- I haven't seen the memo, so -- we came in on this project a little bit later, so that might be my miscommunication. I apologize for that. But, second, we would like just to reiterate that the Nine Mile pathway does not go anywhere to the subdivisions to the south. It would end right into Ustick, so that's just what I'd like to get on the record. Thank you. Corrie: Okay. Any other discussions? Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Just to make note, Mr. Kuntz's comments are here on -- dated April 17th to the Planning and Zoning Commission and it talks about the ten foot wide path along the Five Mile and Nine Mile drain and then that they have to provide a letter of credit for one half construction of the future pedestrian bridge over the Nine Mile Drain and there isn't a finding by Planning and Zoning Commission, they recommend denying it, so there isn't any finding by them to consider that, so -- Kuntz: Mr. Mayor, the other memo is dated October 11th, 2001. Thank you. Corrie: Okay. Any other discussion? Okay. All in favor of the motion say aye. Okay. Ayes motion is approved. The hearing is approved. And discussion, comments. Okay. MOTION CARRIED: ALL AYES. Nary: Mr. Mayor: Corrie: Mr. Nary. Nary: I have heard this application a lot and unlike many of the applications that we get, I think from -- if you look at what we saw last year and what we see now, you wouldn't recognize it as the same application. So I do appreciate the attempt and the work that has gone in to try to make this work and trying to do everything they can, which would be as far away from these homes as it could be. If it's contained within a building, it probably is not going to have the impact that people think as the transfer station will in Twin Falls or somewhere else. The landscaping is better than what we get around an office. I mean there is a tremendous amount of work that's gone in to try and get this to Meridian City Council Meeting July 16, 2002 Page 85 of 89 mediate the problems that have been addressed for the last eight or nine months. But sometimes I just can't -- no matter what you do, I don't think you can make this work. I just don't think we will ever not listen to people that hate this project in that spot and that's my concern. And the problem is now Hubble Homes told us a year ago we think it's great, we love it, and now I have really no doubt what the gentleman says that probably someone told them it was going to be a park. They have been saying it's going to be a park for last the nine years in that spot, even though it hasn't been proposed to be a park for about eight. So the problem is is that now we are building homes that those people that have bought those homes have no idea that's what was going to be there and it's the same problem we had. If this was built a year ago those homes aren't there, now they are. The more and more this gets delayed -- and that's not anyone's -- it's SSC's fault, it's not the developer's fault, it's anybody's fault, it just is. But it just -- I just have a hard time saying this is going to work. I recognize they have done everything they can. I don't fault them for anything they have tried to do and this is just one of those places that it just -- just aren't going to convince those people that live there that this can work. It just is that difficult to want to annex this property and do that. And, again, I know we can fight this battle again, because I think the Mixed Use Wastewater Treatment Plant zone will allow for this use again and I understand all those things and I don't have a concern that SSC can't manage their property, because they manage all their property well, their contract is with the city, the people that enforce it is us. But I just -- I guess I just feel in my gut that annexing this property and putting this there is just -- it's just a rock we don't want to turn over. McCandless: Mr. Mayor? Corrie: Mrs. McCandless. McCandless: As hard as it is, Steve and Bill run a wonderful, great business. They really do. I wish you all knew how well they run that. You know, sitting up here it's awfully hard to not listen to the people that live out there. I wish I could tell you where a better place is for you. I can't. I don't know. But I sort of agree with Bill Nary. I don't know what else to say. It's one of the hardest decisions I have ever had to make. De Weerd: It's always hard for me not to comment. I was against the text change amendment to begin with. I live out in that area. I don't see a problem with the waste treatment plant or a transfer station next to our sewer treatment plan. It's one of those things of what other kind of compatible use can you have and I have kids that will go to Ponderosa, too. That's not what bothers me. I think that what they have done is, just like Councilman Nary said, they totally turned this application around and, actually, that's the beauty of the public process is -- I know I have seen the faces here a number of times and they are the reason it looks like that, but, too, I think that it's kind of at the point where I don't know if they could do anything more to still make it appeasing to the surrounding neighborhood. This is a very residential area and people moved in there knowing about the sewer treatment plan and they are living with it. I can't compound that, whether I personally would agree that this would be a good use or not. I do think that our city is going to have to work with one of the service providers in trying to find a Meridian City Council Meeting July 16, 2002 Page 86 of 89 place for it and a place where we can have temporary sewer or something that will serve it in an industrial area, because that is the appropriate use for it, is a heavy industrial area and not a light industrial area. And even with the new language that I didn't support, this still doesn't fit with that new language. So I don't know what else to say, other than the integrity of SSC is beyond reproach. They are a top notch company. We saw the company and I think many of you did before they took it over. They have put a whole new definition of this company and really cleaned up its image. I'm not concerned about them, even as long as they are owners, but, unfortunately, some things change and I can't say anymore. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I would say one other thing and probably not very popular, but no one ever that sits here is popular all the time. You know, I think for most people I think we recognize that's a single lot, there are other spots, we'll just find somewhere else. The impact to the rest of our city would be that potentially we are going to have to pay higher costs for trash, because they are going to have to put it in a spot that's further out of town to be able to do the same thing where you want. So, understand, that is the impact it has and that's okay and that's something that's part of life, too, but that is the impact and that is something that we have to weigh as well, but, you know, like I said, I think it's just one of those things that just no matter how many ways you try to dress up this pig, it still looks like a pig. Sorry. We have been here all day -- De Weerd: We have been together all day long, you know, and we are starting to really -- Nary: It's just one of those things. Sorry. Corrie: Any other comments? Bird: I have none. Corrie: Okay. I don't usually say anything, but I'm going to this time. Tammy mentioned that if it doesn't pass tonight that the city needs to help find a spot for these people, because at the present time the properties are outrageously high for anything of this nature right now and Mr. Nary is absolutely right, if they have to pay an enormous price for land, you're going to have to pay more for the trash hauling business and, again, they are a tremendous company, they have turned a 360 as far as collecting trash and being good neighbors as a business. So which ever way this vote comes out, I will do my best and I'm sure the Council will, too, if they vote negative on this, that we find them a place and at least get some sewer and water to them where they can put it in a different place. So I think that that being said, I think the Council knows where I'm coming from and what I would -- how I would vote. So we will see how they vote and whether I do or not. So I guess with that being said, we call for the question -- and I Meridian City Council Meeting July 16, 2002 Page 87 of 89 think we have -- we will have a vote. Okay. I need to have a motion for the request or annexation on Utility Subdivision. Nary: Oh, I will do it, Mr. Mayor. I would move that we deny AZ 01-015, request for annexation and zoning of 34.60 acres from RUT to I-L and L-O zones for the proposed Utility Subdivision by Falcon Creek, LLC, pursuant to staff comments and the recommendation of the Planning and Zoning Commission and for council to prepare Findings of Fact and Conclusions of Law and Decision and Order. De Weerd: Second. Corrie: Motion has been made and seconded. Any further discussion? Hearing none, roll-call vote, Mr. Berg. Roll-call vote: McCandless, aye; Nary, aye; DeWeerd, aye; Bird, aye. MOTION CARRIED: ALL AYES. Corrie: Four ayes. You don't have to hear what I had to say. All right. I will now entertain a motion for the preliminary plat. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I move that we deny PP 01-017, request for preliminary plat approval of 11 building lots on 34.60 acres in a proposed I-L and L-O zone for the proposed Utility Subdivision by Falcon Creek, LLC., pursuant to the recommendations of the Planning and Zoning Commission and staff comments and the testimony here tonight and for Findings of Facts and Conclusions of Law and Decision and Order to that effect. De Weerd: I second it. Corrie: Motion has been made and seconded. Any further discussion? De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I probably don't have any discussion on the particular motion, but I do have a comment. Corrie: Okay. De Weerd: When this text change came through, I think we sent the application -- or the applicant a mixed message and also, you know, these neighbors have invested a lot of Meridian City Council Meeting July 16, 2002 Page 88 of 89 time in this and, boy, the applicant has invested a lot of time with it. I don't know when Council approved the text amendment what they had in mind, but what they approved was this application that was in front of them, so I guess I'm a little confused as to the turn around and that we need to be a little bit clearer on expectations when we ask people to invest a lot of their time and effort, whether it's the neighbors or the applicant. Like I said, I have seen these faces in here and you have invested a lot of your time and the applicant has invested a lot of their time and money to try and make this work. So I think we need to start doing a better job in letting people know the directions that we are going and I'm not just saying that because I voted no, but I am concerned that it has gone on to P&Z, to City Council, after that point and it's a mixed message that we had out there, so -- Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I think I've probably heard this more than everybody, but -- and the text amendment was my motion at Planning and Zoning and my motion here, but in my opinion we have never given anybody the impression that this was a done deal, that this was an easy road. We said over and over and over you need to convince those people that live there that this can work and as much as they tried -- and I have said it over and over, too, they have tried, it just isn't going to work. But we never, in my opinion, ever gave anybody the impression that this was going into effect. We agreed to the text amendment because there wasn't anything to prohibit it, but we have said unless you can convince the people in that room right here, the same people that are just like you that this is a good deal, it won't happen. This isn't going to work. So I don't think we sent a mixed message. I think we said the process requires it and we would follow the process and said when we get to the end of the day we will see what happens and this is what happened, so -- Corrie: Okay. De Weerd: I will call for the question. Corrie: The question has been called for. Mr. Berg. Roll-call vote: McCandless, aye; Nary, aye; DeWeerd, aye; Bird, aye. Corrie: All ayes. Request for preliminary plat is denied. MOTION CARRIED: ALL AYES. Corrie: Okay. That concludes the City Council agenda for July 16th. Council, I will entertain a motion to close the Public Hearing -- or close the -- De Weerd: Mr. Mayor, I move we adjourn. Meridian City Council Meeting July 16, 2002 Page 89 of 89 Bird: I second it. Corrie: All in favor say aye. MOTION CARRIED: ALL AYES. Corrie: See you at 9:30 in the morning. MEETING ADJOURNED AT 9:30 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: / / ROBERT D. CORRIE, MAYOR DATE APPROVED ATTESTED: WILLIAM G. BERG, JR., CITY CLERK . '.: ..::.... . . :., '.i '.' ::. . .. ... .' '.: '. . .:'.':.' . . ::.. . .:.' :. D. '. :': .... : ". ..... :........ :' '. 5-E. :.. .,: .... '. :. '. ... .... '..:. ..:' '.' . < .:.... F. . : . . .. ': .'. .' ...... ....:..... :.' ..... :::'..:': :'.:. ..' . . : . ." .... ...... ". ::': ..:: ..:' ..... .. .... .' ,,: '. ...... '. : . / C()nSent!\g~t1dCl:""'Y "'::') ......:.. ....... .:..:.......iY .:::i..... A." Approve mi~utes from June 24,2002 City Cdl.lriqitRegularMeeting: Ac~.:c ".~:'. ...:'.:': \,pproye .:..:.:..:::'.: ::.:.... ....:..... :..:..:.ii '::~ ..::....:..:::. :..::..: ii" :::".:' .':.':':' .....::..: B. 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X X CheHeMcCal1dlegs ..... X ....:........:X Mayor RoberfCorrie .'.,.. : ':. .......> Adoption of the Ag~l1da: .: '.: . ." '.:. .... '. '., . ':" . .. .::.. '.' '. ..::. >." '.: ..... . :. .. .... . '. : ..... ::.:.....:. . .::.: '.:: '.:" :. . . , '. .:..' :. ....... :... ':. . : .... '.. :.. ./ . '" .: ........ ':'" ': : :: '.' ':': :.. : . .' .: .' :REv$~6 II 5E2002 ..... .> .... ...:.... . . ..:.. i..': .... "'.': :. . :': .' :.: '. :.. . . ..... :. '. .'. '.: :: ...... :'.:. '..' . . :......... :'.' .' ......::. '. ....... '. . :" ': .: . :.' Bill~Clry :..'. ... Keith Bird .: / ". . .'.: . '. . '. ': . .' ... .. . Firidil'"lgS:pf Eact$andConclusions of Law for Approval: AZii02~008ii Request for annexation and/zoningiof.5aqres from RUTtd L.~O.zdries for tljE:! proposed L..DSStakeCenter by Loinbard (3()nrad ArchiteCts 9-251S W. Ustick Road: Approve... ..:.......... :.:.....:.: ..........:.::..:..... ..:...:.... :"':'. :>. Firldil1gs of FaCtS. and Conclusions of LaWfor-Denial: CUP02- 011 RequestJorai.Conditional Use Refmit for a sports bar with:pool tables and bigscreetiTV'siri..ah 0s1" zone for BlumacsSportSBar byMichaerMCGUinne~s .........:.. 706 East First Street (N. Main StrE3i~t): Ap~cp~roveasAmerided :':.: ......~ ',......'c 0 FiHdings of Facts and ConClusiOns of L..aw for Approval: CUP 02;'0 15 ReqUesfforaCOr1d itidria 1...l.Jse Pelmitto renovate"existi ng office andiConventidri/Cente r: i ntoa:privat~.Jr.fi Sr.Hig hi ScKd61for Cole Valley Christian <Chllrch by Jeffrey LX Kil1gS 200 East CafltdriAvenue:ii.!\pprove.< ..........iC i<i .......... < ............ ..........iiiii ........i.: i:' ..............MeridiaiicityCouncilA!iend&Z July 16, 2002 ............~age lbe 4 > ........ Allmaterials presented at public meetings shall beCDmc property oftheCR~~fMeridian, <Anyone desiring accommodation for disabilitiCSrClatoo to documents and/or hearings,> please contact the City Clerk's Offiee at 8884433 at least 48 hours prior to the public meeting. .............. <.i ...... ............ i ........... > < .. :: :.'. .' 'i. .::..... '. ':' : :< :. ..: . i .... :: '" :..:: ...... ... . ...: .< . ...... ..... .... . ... ..:' .' ':. .' ..... .. '., . ... :.:::.. :':' '.::' .: ..: .. ..... .. . '. .' >: . .: :.....: :i. : :. '.. .... .... 'i '.. ':" ." . . . ............. :. '.:ii'.. ............::..:....:{ ........... ....../.i>< ...................... ......... i>{i i :> ....... ...... ....... .......ii ............ . .......{ iiii .'>. i.. ......... ...........i .................ii iJ ................... ........... ...... ...... ........i ........... ......... .............. ............. i.i .......... ii ......... Jiii .................. i.i>/.. ........i.i.. i" ........ '..>i/iii./i .i i .............iii >i ...>i.i..ii .i> ........ ....... ........... ......i/i.....ii ........ G.i/ Eiruhngs ofFactsal'ldCOnch.lsions()f l..aW.for Denial: VAR 02;\ii.. ...... ii..g~9__~iRequest fofaVariance..tOaddoneadditionalisigrion alargeii. .i medic::aICliHiC~Hd{radiologycenterbl.lilding by/lmagingi Center ...... Radiolociists2...2~?9 East MagiP'.lieWDrive: Apprgye ...........i> .:.ii.:.:..{..i:::.....:....: '.:: ..:::......:.:. ........ ...........ii{{{.> ........... ........i{.. ....2L...>::. .........i. H.::[)eY~lppment Agreemeht:AZ01-02'7 8.equesffo[annexationand i .........zoningof77,9acresiri.aproposed R~8 zorieforpropOsed Baldwini i Park.iSubdivision.byCapital/DeVeloprnenfGd.4i% mile sOuth of M M'll--.-\R d> f 'dLLf L1':"d"c: R:;;....d A 'cc..'...'.: .......... C I an, oa ~,eas Sl eo....., In er 0(3 ~.:~'I?prove ............ ................. .....ii.i.....{i/... .Y. ........................................ ............... ......... ....... ........ '.> I.i Beer and L.iqi.6r L.i~~ri~52ApplicatiOns by John C. Box for Bill ....... ............"'6l...yri~'s F>>lfige, 229WestEranklirif~:9ad:Approvei:: .......... ...... ...............iii.i ............. ..>i..........i..........i.iY .......i .............................-..::... ............ ........ .......... 5~J.ii::Will serVel..ett~r4V\f.H. l\II()ofe prgp~tty: ApPI'<?veiYi '. . . .' ..::.:. :::.."..:.... i':: :::i'i::''':_"... ':::.":. >.....:. :.::: ::ii ......... ::Kt .... White.DrainSeWe.. TrUnl<Permanent and Temporary ..........i ........... ....... Easernenfbfi811ery~~rpropeffit:.i!\pprove i..:...:..... . ....:i .': ::..:... :.....i:.:i..::.?... :::. ..:..::..... ... :'::.'.: ....:. ....... :':. ,.;..:.s..xL.:.:.:......i:::..::.ii.i:c.:i.:. ..::.....:..i:::...; ........ L.... ResolutioniNo. 02~379: Corporate Resolution .......j.i 'Cc:...;..,J ...... ......................... ........... Facsimil~f)ignatures:Approve .........::? .......:...:.:i.........:i.:......:......:{ 4.. Department:R~p()rts .....ii ........i :.. ..:........ .:::...}'T~......:..-......... ii1".., ........i.....P(li i_!;~._. d Z..;:i." D rt:'; t Shi , St'l {~ anmngfin..,.. 7<?nlllg cE!pa men ;.~ arl I es .. ii:.:: ......::..:..::..... "':. .... :: A.' U.cp"dateOn Prep";;ilration of FinaIC6m'p~;..ehensive . '.~:-~ 'C~'~ ~:~,:~: ......>.. PlanJ ResOlutiQn: Table until AUQusf6th;2002 Meeting />( .......:: >: 0 ii 2'-.. "..X. :...~::c;._i , .........Lii ....... (Items Moved from Consen~!\g~rl~.~) E& Ji ....:....:.:.....::..:..:..:...>:. S\IV~arin tWoNewP()liCe.Offi~~fi; 2.Metidi~n Police Department: .. ...... ..........i. BriahCaldwell and Matthew Shriver .......... ..::....::..:....:...... .i...::....: .:: ii ;i ,...D__>'';;' =i:i.i> ........ i...... ........i 7" ...... Awards frgmJCRMP fortV\foofficers:> > ........................ .~<?hrl dy~r.1PI1Cll1ct'^'ayne FUchs ........> .......> />/0.0 8......... I t> d::i::.t,:;. f C..Zid....;.....i.. H.lli:-M:;;;...{~d.......;!.l.....jiO:"p...: r D rt t .... ~ t'.,I1..rg..,..u<:7I0I'1 g.~ In.., Y I .CC"7 erl lan.o.~.c:e ...epa men :i>i. ......... .....>:.:.. .i<......i::i............>. :i:'. ......... ....................>:..2...... >0:".22.2{i................ ........ .................. .......... 9.'> Tabledft6rrtJtily2i.2002:> DiscussiOn of water and sewer latecomer >. iagreements with Sundance Company forSilve..stone SUbdivisiOn i ............p'rOleft:>DiSCUSs..iii> .........>>..ii>i >i ...... ........>~iii> ............ ......... ........... ...........> .......... ............/iii. >>'/i\i//i> .............i.>> ........ ....... ................ ..... MeridiahCity Council Agemla- July [6, 2002 ~age 2 of 4 ..i............ All materials presenlooat public meetings shall become property of the City of Meridian. .......Anyone desirhlg accommodation for disabilitieSrelaled to documents and/or he~~ings:;. pleaSll.~ntact the City c:1erk's Offiee at 888443lat least 48 h6ursprior to the public meeting. ...........> > ....i..i. ............ .........i .' ......... ...... >.>> ....... ............. < ........ < .>. >.::..:: :..... .' :.' '.>. . . :....: :.> ..... .. ........... ::.: '.' ." .: .... .. ........... . . .. ...... . .. .' . .. ". :'.' .:>:. ....: .... ... ':: ". :. . .> ': ....... i.. ... ..: ...... ....... . .... .... ... .... > . . : .: ":. :" .. .:...: . . ...... ". .. 'i .... '.' ..... .... ...... :: .. .... ...... >. .: . .. '..: .. :'" :.. . ......... ..' .... ...... '.' ....i .... ... .:.. ... . ..... '. . ". :. '. .... .... .. .... . ... >.: ....: '. '.: ..... ......... ... . >. . : . '., ....... '.:' .... .>. ..:. ::: . :....:. ".:: ..... . .: . :. .' .: ...... ..:':. .................. '. :.. >. . for Use of>U .............> ii. . . : .. .':. . ....... '. ....... .. . ... :. >. ..' ......5. i '. .. "EL" ." '. .' . . .:... .. .: .... .::...: . ......... . :.": ": .. ........> .. .:.... .... ::': . .... '. .. . ... . '.' ." . .: ". . >'. '..:.:'. : '. '" ..... .... ........ '.:.' ". ... .... . : ...:..... ...: . .'. :.' .: .:. ..... :. '.. : . .... :.. .':":. . : : .' ': >: '. :: :'. ::' : . .... . . .> ... :......: .'>" .:. ':: ::': ". :. .. . .... .. '. . .' :: .' ..: .... ..' .'. ::. >. .. . '. .:. '. ":":. :'. . .:. :i .....:. ': ..> :" * .....:.. :':..: '.': .: . . ...... .......... >.. .... :.. .... '. :" . ;.::> ,'i:cL :".::' :'L'" 1 0., OrtjmanC,e No. 02-964 : AZ 02~0.03 Request for annexation and zoningOf<3,S4 acres from RJli!o RiS zones forproposed" ..'..... AmberstoneSubdivision.bY, JiniJewettpsouth of West Cherry Lane and sOuth Of North Summertree Way: /i!\pprove .'......> .......... ....:::."....:...: :':". . ~< . ;, C,".2./i 11. Ordinance No. 02-965 : iiAZ 02-009 Request for 2L:' annexation and zoning of ,,1.00 acre from RU.mitoL.~O zonesfdr the proposed Meridian, Fir~ Oepartment,L..ocusfGroveSubstationproperty J:>ytGT.Qitygf Meridiah.* 8945 North LOCust GrOve RQad:APRr9Y~- .,~ 5/..... 12. Ordimirice No, 0.2-966:/ AZ 014027 Request for annexation and zonihgi6f77.9 acres in a proposed RJSz:onefforproposed Baldwir'lParkSubdivisiOri by CapitaFI)evelopmenfCo. % mile south of Mcty1iHarlRoad, east side of Linder,~g~g,:!\pprove< 13, T~61~d frOm June 18, 20.0.2: FP 02;0.05 Request for Final RlatCipproval of22ibUildihglots andiioneother,IOt?on 5iS1Yacres.in/an R240zoneif6r CooperiCanvorfStibdivisionDby/WildwoOdiDeVelopmentLLGSoti?East WilSbnLahe, east of South LoCust Grove; southdf EastFairViewAvenue: !\pprove< 14.>>FP 02f012: Request for Final Platapproval of 35 buildihglots and 7 other lots/ori 4.67 acres\Jni/an RLSzdhe.fofBerkele'iSQuareiSubdivision by YVardle ahd AssOciates i_ 1025 North [gh M__I_ile Road: ",pprove '>..>...::.' ,.:':": >:: is, FP 02L013:Request for Firial Plat apprpYClI of27buildihgfOts and one other/lbtion 10.29 acresihianiR+4zoneifor'Vierina/Woods SuBdivision No~/6bySk}f\irieiDevelopment/Company,..;;.east of North Locust Grove Road/north of East MCMHI~B$.oad: Approve ...,.'....i( FP 02~014 . Request fOr Final Plat approval of S2 building lots and 6 other lots/on/24:21acresJriiahiRiS zone fdr/HeritaaeCommons"Subdivision 8:Y~rightohCorporation+west side of North Locust Grove Road,>solJthof EasfMcMillarl Road: Approve ,:,. . . :: . . '.: .. .'. ..' ':.:: .", .' '. . . : . . 16. 17. . . . : 18. : .' " '..: . .... ". '.< .: ...... . . '., ........ :..... .....:. "~~:~,.,' . :;\ .' :,': ~7 ,~t?;\: ".{"f;:~(' .,; .... TE 024003 i Request. for TirnE:! Extension for filing the final plat for Wa Itll'lan.Cou l'tiSu bd ivis ion? by//J Oh riiiGoade...+ south ofi. Troutner BUsiness Park;betwg~hi'{'laltman Lane and Terl Mile ROad: Approve to July 2,2003 "...,'" ii/ PubliC Hearing: VAR 02..00.7 Requ~~t for a Variance for reduced setbackfromten feet to five/feet onthesideiidf a home with a/dormeron>< thesecondleve+ by KW Homes =L..ot28 Block 4 ofRackal"d EstatesNdT 3, 2641rE) Bernice DrT:\Attorney to Prepare Findings of Facts and ConclusiOns ofiLaw for Denial '::'.:... M~ridian City Council Agendri.- July) 6, 2002 Page 3 of 4 All materials presented at public meetings shall beCome properly oftlle CityofMcridian, iAnyolle desiring ii&!ommodalion for disabilities related todocUluents andlorhcarings .......... please contact the City Clerk's Office at 8884433 at least 48.hours prior to the public meeting, :.:., . i......... ,.. . r " :...... ..... ,'.:: .. ...... .... . . .... ,.... ... :.. .. .... ,. ........ ., '..' 19. .. . .:. .. .: ....... ": :. .... 20~ "',. ..' ,..... . . '. '.: : ,": ,'" . ii '.,., : "'.' .... , ..,. , ::'.:' .: . ... '. Public Heating: AzI02i004.Request for annexation and zoningibf 127/74 acres/froni/RWT,/td C-G,iLf,O" and R:1f> zOnes/for proposed Sutht}rh'indFarmbyiSuthet1and Farms, Inc. east of SOuthEa~~leRQag andriOrth/OfEast Vic:toryROad:i Attorney to Prepare Findings of Facts aijd COhclusionsiofLawfoFJ\pptOval" ..',.'.',. :.' :..:....:.\,..:.....:.:: ...... :. eUbli~H~~Hng: RP o226()4 Request for Preliminary RlatCiPproval of30B bu i Id ihg/lotsand 30otherJotsori127. 64ac:resii n...proposedL.2(),C~Ga nd ...:i Rs4"zonesforproposed Sutherland Farm bySUtheHandl7arm,lnc;?f-east .,()Jip,OuthEagfg8ROad/ atid/EastVictory "i'.R8~d:ii.A.ttorney tc)' Prepare F;incHogs of Facts and Cbncl,u~,i<?ns of L..aW f9r~pprpYClI ,...:.i:....:i:.:.::.::'..:"..".,.'..: . ":' ..'i :,....:.:...: .....: 21, PUbliC Hearing:" CUP 02':'005 Request fC:>r~,CC:>nditiOnalWsePermit for a .. Planned/uhif"'Developmenf"fof/[esidential;/(commercial and/Offic~ park < de"eloprnehtiJoT'/Sutherland Farm"byiSutherland Farm;"lnc;.. · east/of South ,Eagle Road and nbrthdfEast VictgryROad: A.ttorney to Prepar~ Findings of F~cf.$ and Coriclll~i<?,n~ of L..aw for Appr()yal ,.,'.....,.. :.... ..> ..:.:.... ....: PlIblidHearing: AZ 01~015R~quest for annexation and zoning of 34.60 acres Jr'bm...R WIlo'" I-Landi L+OzonesforPIpposed Uti IifV' Subd ivisioni by F'alconCreek;i.LL.Cs3365NOrthTehiMiI8/Road :./Attorney to Prep~re FiHding~ of F~ctsand qonclusions of LaVlf, fbtDeniaf · ..:' :.,. PublicS H~~Hng: PP011017 RequestJ6fPI"elimihEtry Rlat apprqvaldf 11 b l.Ii Id i ngi Idtso n34{60i,acres i 9proposed:. I-Lahdl..-:O zo nesforp;~8~osed Uti lilY sU bd ivision... byE a Icon CreekiiL.L.Ci....3365iNorth,-en M ilE:!..ROad: Attorney to Prepare Findings of Facts and ConClusions ofl..~w fOr Denial/ .. .. i.:":: '. '. .": ': . ..., ..' '.':'. ":. 22. "::' 23. ..: .' '.""":':./ :. . . . . '::i .:'. . :' :. '. '. :. :. :::. .:. '.., . '. ::: . '. '" . ".'. .. . ::.' ,. ,.... ,'.i.. ::.:....... .... '. '.' ...," .... . .. ':, :. .:. .. ./ '::.. .',','..'. /. 'i.... ':,. ':. "'i.. . : ". ,. . .:' ......: ':'" '. ... ,.. '::. :: .' '..' ". ..: . ..' :" ..... ,,:., ......./ Meridian City Council Agenda July 16,2002'" Page 4 of4 ..... All materials presented at public meelings shall become property oCthe City of Meridian, ... ....... > Anyone desiring accommodation for disabilities related to documents and/or hearings :: " ple~;e contac/the CitYSler~'~Office at 888443331 least 48hourspriorto the public meetin~, .> .:': .......... i 'i. ..... i. :i.:>:':::. :'.:. ..:.......:.. ii i ............. iXi)i........ i': ". ....i .::.:.... ..... ... '.':. >.>. :i :.: :,,,,': ..' '.:'i. '.:.< '::" ..... ,:" CITY OF MERIDIAN Ju~ 159 ~ CITY COUNCIL.. REGULAR MEETING AGENDA Tuesday, July 16, 2002, at 6:30 p,m, City Council Chambers 1. Roll-call Attendance: K Tammy de Weerd ~ Bill Nary :=:t= Cherie Xcandless + Keith Bird Mayor Robert Corrie 2. Adoption of the Agenda: 3, Consent Agenda: frvO ~,I-o ~ - E. A, Approve minutes from June 24, 2002 City Council Regular Meeting: t2pjJrt?~ Approve minutes from July 2, 2002 City Council Special Meeting: V";#;n-:o V\e-- Approve mmutes from July 2,2002 City Council Regular Meeting: C>J1~~ Findings of Facts and Conclusions of Law for Approval: AZ 02a008 Request for annexation and zoning of 5 acres from RUT to L-O zones for the proposed LDS Stake Center by Lombard Conrad Architects - 2515 W. Ustick Road: C; I j/ yovte:-- Findings of Facts and Conclusions of Law for Denial: CUP 02- 011 Request for a Conditional Use Permit for a sports bar with pool tables and big screen TV's in an 0-1" zone for Blumacs Sports Bar by Michael McGuinness - 706 East First Street (N. Main Street): c~VU- d S" <<py....-eh-&C.e.c6- Findings of Facts and Conclusions of Law for Approval: CUP 02-015 Request for a Conditional Use Permit to renovate existing office and Convention Center into a private Jr.l Sr. High School for Cole Valley Christian Church by Jeffrey L. King - 200 East Carlton Avenue: ap~~ B, C. D, F, Meridian City Council Agenda - July 16,2002 Page lof4 All materials presented at publie meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 8884433 at least 48 hours prior to the public meeting. G. Findings of Facts and Conclusions of L..aw for Denial: V AR 02- 008 Request for a Variance to add one additional sign on a large medical clinic and radiology center building by Imaging Center Radiologists -- 2929 East Magic View Drive: O/~ V1e... H. Development Agreement: AZ 01-027 Request for annexation and zoning of 77.9 acres in a proposed R-8 zone for proposed Baldwin Park Subdivision by Capital Development Co. - % mile south of McMillan Road, east side of Linder Road: a/,/i-C>~ I. Beer and liquor license Applications by John C. Box for Bill N- Lynn's Place, 229 West Franklin Road: &p {/YO ifu.. jvt.-of/"'te- fu; fi - J. Will Serve Letter - W. H. Moore property: 4?' j>Y7J v<..V' K, White Drain Sewer Trunk Permanent and Temporary Easement - Quenzer property: ) ~~ L Resolution No. 02-379: Corporate Resolution for Use of Facsimile Signatures: C?vpj?--ro ~I\.<..- 4, Department Reports 1. Planning and Zoning Department - Shari Stiles A. Update on Preparation of Final Comprehensive Q Plan I Resolution: ~iJ/~ t0v/rl /h~J.j- 6 .(' Zot:J2- /1-fJ 5. (Items Moved from Consent Agenda) E t ..T 6, Swear in two New Police Officers - Meridian Police Department: /5r/alV {!tJdtu~ t Md:l--l-J..etv JllI-!v.er 7, Awards from ICRMP for two officers: JOAIt- tJv;e"L,~ t Ju/[~lZe PuolL\! 8, Introduction of Cindy Hill - Meridian Police Department: 9. Tabled from July 2, 2002: Discussion of water and sewer latecomer agreements with Sundance Company for Silverstone Subdivision project: eL/S' Cv"'.J[ 1 O. Ordinance No, () 2- - q G 4- AZ 02-003 Request for annexation and zoning of 3.84 acres from R-1 to R-8 zones for proposed Amberstone Subdivision by Jim Jewett - south of West Cherry Lane and south of North Summertree Way: ~ vVL/ Meridian City Council Agenda -July 16,2002 Page 2 of4 All materials presented at pu blic meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 8884433 at least 48 hours prior to the public meeting, 11, 12. 13. 14, 15, 16. 17. 18, 19. (}2-- q6f;- annexation and zoning of 1.00 acre from RUT to L-Q zones for the proposed Meridian Fire Department Locust Grove Substation property by the City of Meridian - 3545 North Locust Grove Road: O/~VU?- Ordinance No, t? z-q 6 G AZ 01~027 Request for annexation and zoning of 77.9 acres in a proposed R-8 zone for proposed Baldwin Park Subdivision by Capital Development Co. - ~ mile south of McMillan Road, east side of Linder Road: ~~ Tabled from June 18, 2002: FP 02~005 Request for Final Plat approval of 22 building lots and one other lot on 5.81 acres in an R-40 zone for Cooper Canyon Subdivision by Wildwood Development LLC - on East Wilson Lane, east of South Locust Grove, south of East Fairview Avenue: '??flrOv-e.- FP 02-012: Request for Final Plat approval of 35 building lots and 7 other lots on 4.67 acres in an R-8 zone for Berkelev SQuare Subdivision by Wardle and Associates -- 1025 North Ten Mile Road: a?J?Y'?JlV?...-- FP 02-013: Request for Final Plat approval of 27 building lots and one other lot on 10.29 acres in an R-4 zone for Vienna Woods Subdivision No, 6 by Skyline Development Company - east of North Locust Grove Road, north of East McMillan Road: o/J?Yl9~ FP 02-014 Request for Final Plat approval of 82 building lots and 6 other lots on 24.21 acres in an R-8 zone for Heritage Commons Subdivision by Brighton Corporation -- west side of North Locust Grove Road, south of East McMillan Road: cu/'J??'<' V.JZ...- TE 02-003 Request for Time Extension for filing the final plat for Waltman Court Subdivision by John Goade -- south of Troutner Business Park, betweel) Waltman Lane and Ten Mile Road: ~ ~ -A7 vt:d'1 2( 2f?t:?3 Public Hearing: VAR 02-007 Request for a Variance for reduced setback from ten feet to five feet on the side of a home with a dormer on the second level by KW Homes - Lot 28 Block 4 of Packard Estates No. 3, 2641 E. Bernice, Dr.z~ . r/r.H / jJ L-. --,I,./.'":;.., /J , ti-f&rrke:! f7/ jPl1?.pCVti! IT'"tr y e ("t.- \TO '- c,.c.e,l-Iv..A....J Public Hearing: AZ 02-004 Request for annexation and zoning of 127.74 acres from RUT to C-G, L-Q and R-4 zones for proposed Sutherland Farm by Sutherland Farms, Inc. - east of South Eagle Road and north of East Victory Road: , q7'~ -10 plY?f1~ -fIr f o!.)! hrv w/PlCl tr?"v{. Ordinance No. AZ 02-009 Request for Meridian City Council Agenda - July 16, 2002 Page 3 of 4 All materials prescnted at public meetings shall become propcrty ofthc City of Meridian. Anyone desiring accommodation for disabilitics rclated to docu mcnts and/or hearings pleasc contact the City Clcrk's Officc at 888-4433 at least 48 hours prior to the public mecting. 20. 21. 22, 23. / Public Hearing: PP 02~004 Request for Preliminary Plat approval of 308 building lots and 30 other lots on 127.64 acres in proposed L-O, C-G and R-4 zones for proposed Sutherland Farm by Sutherland Farm, Inc. - east of South Eagle Road and East Victory Road: ai'~i ~ jJY"efJtJ~ C#,;:,:, ell;;n 4.-/JjJ/lJv./J.-. Public Hearing: CUP 02-005 Request for a ConditionalLlse Permit for a Planned Llnit Development for residential, commercial and office park development for Sutherland farm by Sutherland Farm, Inc. - east of South Eagle Road and north of East Victory Road: a~?j Iv Ire-I ~ d1;r<:t vi! ~ cvPf'YPJr7X Public Hearing: AZ 01-015 Request for annexation and zoning of 34.60 acres from RUT to I-L and L-O zones for proposed Utility Subdivision by Falcon 9reek, LLC - 3365 North Ten Mile Road:, .Jd clr-/??rl1e7 to pve(?fV1-€ q? { e/ A:- A<- K.-~)r!4q (~ €::t ~a.z.. Public Hearing: PP 01-017 Request for Preliminary Plat approval of 11 building lots on 34.60 acres in proposed I-L and L-O zones for proposed Utility Subdivision by Falcon Creek, LLC - 3365 North Ten Mile Road: .(Z~Ae;J ,/v? fJI"I2-j.rV<-<.-/Yf::-4 c?e ~ r~f?f"~v~--L.- ?~~ Meridian City Council Agenda- July 16,2002 Page 4 of4 All materials presented at public meetings shall become property ofthe City of Meridian. Anyone desiring accommodation for disabilities related to docu ments and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting, ( August 2, 2002 MERIDIAN CITY COUNCIL MEETING APPLICANT August 6,2002 ITEM NO. 3-(.., REQUEST Approve minutes from July 16, 2002 City Council Regular 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: ~ ~~{O \\:0 Contacted: Phone: Date: Materials presented at public meetings shall become property ot the City of Meridian. J 1 CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, July 16, 2002, at 6:30 p.m. City Council Chambers 1, Roll-call Attendance: x X Tammy de Weerd X Cherie McCandless X X Mayor Robert Corrie Bill Nary Keith Bird 2, Adoption of the Agenda: 3. Consent Agenda: A. Approve minutes from June 24, 2002 City Council Regular Meeting: Approve B. Approve minutes from July 2, 2002 City Council Special Meeting: Approve C. Approve minutes from July 2, 2002 City Council Regular Meeting: Approve D. Findings of Facts and Conclusions of L..aw for Approval: AZ 02-00S Request for annexation and zoning of 5 acres from RUT to L-O zones for the proposed LDS Stake Center by Lombard Conrad Architects - 2515 W. Ustick Road: Approve 5-E. Findings of Facts and Conclusions of Law for Denial: CUP 02- 011 Request for a Conditional Use Permit for a sports bar with pool tables and big screen TV's in an 0-1" zone for Blumacs Sports Bar by Michael McGuinness - 706 East First Street (N. Main Street): Approve as Amended F, Findings of Facts and Conclusions of Law for Approval: CUP 02-015 Request for a Conditional Use Permit to renovate existing office and Convention Center into a private Jr.l Sr. High School for Cole Vallev Christian Church by Jeffrey L. King - 200 East Carlton Avenue: Approve Meridian City Council Agenda - July 16, 2002 Page 1 of 4 All materials presented at public meetings shall become property ofthe City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 8884433 at least 48 hours prior to the public meeting. G, Findings of Facts and Conclusions of L..aw for Denial: VAR 02- 008 Request for a Variance to add one additional sign on a large medical clinic and radiology center building by Imaging Center Radiologists -- 2929 East Magic View Drive: Approve H. Development Agreement: AZ 01-027 Request for annexation and zoning of 77.9 acres in a proposed R-8 zone for proposed Baldwin Park Subdivision by Capital Development Co. - % mile south of McMillan Road, east side of Linder Road: Approve I. Beer and liquor license Applications by John C. Box for Bill N- Lynn's Place, 229 West Franklin Road: Approve 5-J. Will Serve Letter - W, H. Moore property: Approve K, White Drain Sewer Trunk Permanent and Temporary Easement -~ Quenzer property: Approve L. Resolution No. 02-379: Corporate Resolution for Use of Facsimile Signatures: Approve 4, Department Reports 1, Planning and Zoning Department - Shari Stiles A. Update on Preparation of Final Comprehensive Plan I Resolution: Table until August 6th, 2002 Meeting 5. (Items Moved from Consent Agenda) E & J 6. Swear in two New Police Officers - Meridian Police Department: Brian Caldwell and Matthew Shriver 7. Awards from ICRMP for two officers: John Overton and Wayne Fuchs 8. Introduction of Cindy HiII- Meridian Police Department: 9. Tabled from July 2, 2002: Discussion of water and sewer latecomer agreements with Sundance Company for Silverstone Subdivision project: Discuss Meridian City Council Agenda - July 16, 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. 10, Ordinance No. 02~964 AZ 02-003 Request for annexation and zoning of 3.84 acres from R~1 to R-8 zones for proposed Amberstone Subdivision by Jim Jewett - south of West Cherry Lane and south of North Summertree Way: Approve 11. Ordinance No, 02-965 AZ 02-009 Request for annexation and zoning of 1.00 acre from RLJT to L-O zones for the proposed Meridian Fire Department locust Grove Substation property by the City of Meridian - 3545 North Locust Grove Road: Approve 12. Ordinance No. 02-966 AZ 01-027 Request for annexation and zoning of 77.9 acres in a proposed R-8 zone for proposed Baldwin Park Subdivision by Capital Development Co. - % mile south of McMillan Road, east side of Linder Road: Approve 13. Tabled from June 18, 2002: FP 02-005 Request for Final Plat approval of 22 building lots and one other lot on 5.81 acres in an R-40 zone for Cooper Canyon Subdivision by Wildwood Development LLC - on East Wilson Lane, east of South Locust Grove, south of East Fairview Avenue: Approve 14. FP 02-012: Request for Final Plat approval of 35 building lots and 7 other lots on 4.67 acres in an R-8 zone for Berkelev Square Subdivision by Wardle and Associates - 1025 North Ten Mile Road: Approve 15. FP 02-013: Request for Final Plat approval of 27 building lots and one other lot on 10.29 acres in an R-4 zone for Vienna Woods Subdivision No, 6 by Skyline Development Company - east of North Locust Grove Road, north of East McMillan Road: Approve 16, FP 02-014 Request for Final Plat approval of 82 building lots and 6 other lots on 24.21 acres in an R-8 zone for HeritaQe Commons Subdivision by Brighton Corporation -- west side of North Locust Grove Road, south of East McMillan Road: Approve 17, TE 02-003 Request for Time Extension for filing the final plat for Waltman Court Subdivision by John Goade -- south of Troutner Business Park, between Waltman Lane and Ten Mile Road: Approve to July 2,2003 18. Public Hearing: VAR 02-007 Request for a Variance for reduced setback from ten feet to five feet on the side of a home with a dormer on the second level by KW Homes - Lot 28 Block 4 of Packard Estates No. 3, 2641 E. Bernice Dr.: Attorney to Prepare Findings of Facts and Conclusions of Law for Denial Meridian City Council Agenda - July 16, 2002 Page 3 of 4 All materials presented at public meetings shall become property ofthe City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 19. Public Hearing: AZ 02-004 Request for annexation and zoning of 127.74 acres from RUT to C-G, L-Q and R-4 zones for proposed Sutherland Farm by Sutherland Farms, Inc. - east of South Eagle Road and north of East Victory Road: Attorney to Prepare Findings of Facts and Conclusions of law for Approval 20. Public Hearing: PP 02-004 Request for Preliminary Plat approval of 308 building lots and 30 other lots on 127.64 acres in proposed L-Q, C-G and R-4 zones for proposed Sutherland Farm by Sutherland Farm, Inc. - east of South Eagle Road and East Victory Road: Attorney to Prepare Findings of Facts and Conclusions of Law for Approval 21, Public Hearing: CUP 02-005 Request for a ConditionalLlse Permit for a Planned Unit Development for residential, commercial and office park development for Sutherland Farm by Sutherland Farm, Inc. - east of South Eagle Road and north of East Victory Road: Attorney to Prepare Findings of Facts and Conclusions of Law for Approval 22, Public Hearing: AZ 01-015 Request for annexation and zoning of 34.60 acres from RUT to I-L and L-Q zones for proposed Utility Subdivision by Falcon Creek, LLC - 3365 North Ten Mile Road: Attorney to Prepare Findings of Facts and Conclusions of Law for Denial 23. Public Hearing: PP 01-017 Request for Preliminary Plat approval of 11 building lots on 34.60 acres in proposed I-L and L-Q zones for proposed Utility Subdivision by Falcon Creek, lLC - 3365 North Ten Mile Road: Attorney to Prepare Findings of Facts and Conclusions of Law for Denial Meridian City Council Agenda - July 16,2002 Page 4 of 4 All materials presented at public meetings shall become properly of the City of Meridian, Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Meridian City Council Regular Meeting July 16.2002 The regular meeting of the Meridian City Council was called to order at 6:35 P.M., Tuesday, July 16, 2002, by Mayor Robert D. Corrie. Members Present: Mayor Robert Corrie, Tammy de Weerd, Keith Bird, Cherie McCandless and William Nary. Others Present: Bill Nichols, Gary Smith, Shari Stiles, Brad Watson, Mike Worley, Will Berg, Ken Bowers, Tom Kuntz, and Dean Willis. Item 1: Roll-call Attendance: Roll call. X Tammy de Weerd X Bill Nary X Cherie McCandless X Keith Bird X Mayor Robert Corrie Corrie: Okay. I will open the Meridian City Council regular meeting agenda for Tuesday, July the 16th, 2002, at 6:30 p.m. I want to thank everyone for being here this evening. Let's have roll call, please, Mr. Clerk. Item 2: Adoption of the Agenda: Corrie: Okay. Thank you. Item NO.2 is Adoption of the Agenda. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I would move that we adopt the agenda as noted, with the addition in the Consent Agenda of Item M, which is the retail agreement, the -- yeah, Retail West, the agreement with Retail West on the Ten Mile Exchange Survey -- Interchange Survey. And on the Consent Agenda we'd like to pull Item E and make it 5-E and Item J, make it 5-J for discussion. With that I'd move that we adopt the agenda. De Weerd: Second. Corrie: Motion has been made and seconded to adopt the agenda with the noted changes. Is there any further discussion? Then all those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 3: Consent Agenda: Meridian City Council Meeting July 16, 2002 Page 2 of 89 A. Approve minutes from June 24,2002 City Council Regular Meeting: B. Approve minutes from July 2, 2002 City Council Special Meeting: C. Approve minutes from July 2,2002 City Council Regular Meeting: D, Findings of Facts and Conclusions of Law for Approval: AZ 02-008 Request for annexation and zoning of 5 acres from RUT to L- a zones for the proposed L..DS Stake Center by Lombard Conrad Architects - 2515 W. Ustick Road: E, Findings of Facts and Conclusions of Law for Denial: CUP 02-011 Request for a Conditional Use Permit for a sports bar with pool tables and big screen TV's in an O-T zone for Blumacs Sports Bar by Michael McGuinness - 706 East First Street (N. Main Street): F. Findings of Facts and Conclusions of L..aw for Approval: CUP 02-015 Request for a Conditional Use Permit to renovate existing office and Convention Center into a private Jr./ Sr. High School for Cole Valley Christian Church by Jeffrey L. King - 200 East Carlton Avenue: G. Findings of Facts and Conclusions of Law for Denial: VAR 02-008 Request for a Variance to add one additional sign on a large medical clinic and radiology center building by Imaging Center Radiologists -- 2929 East Magic View Drive: H. Development Agreement: AZ 01-027 Request for annexation and zoning of 77.9 acres in a proposed R-8 zone for proposed Baldwin Park Subdivision by Capital Development Co. - ~ mile south of McMillan Road, east side of Linder Road: I. Beer and Liquor License Applications by John C, Box for Bill N- Lynn's Place, 229 West Franklin Road: J. Will Serve L..etter - W, H, Moore property: K. White Drain Sewer Trunk Permanent and Temporary Easement -- Quenzer property: L. Resolution No. 02-379: Corporate Resolution for Use of Facsimile Signatures: Corrie: Next we have the Consent Agenda and we have Items E and J has been pulled and to be put on 5-E and J. Anything further on the Consent Agenda? Oh, that's right. And the addition of the Retail West on the interchange -- Ten Mile Interchange Study Report. Meridian City Council Meeting July 16, 2002 Page 3 of 89 De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I move we approve the Consent Agenda as amended. Nary: Second. Corrie: Motion has been made and seconded to approve the Consent Agenda as amended. Any further discussion? Hearing none, roll-call vote, Mr. Berg. Roll-call vote: McCandless, aye; Nary, aye; DeWeerd, aye; Bird, aye. Corrie: All ayes. Motion to approve the Consent Agenda with the changes is approved. MOTION CARRIED: ALL AYES. Item 4: Department Reports 1, Planning and Zoning Department - Shari Stiles A, Update on Preparation of Final Comprehensive Plan I Resolution: Corrie: Item 4 is Department Reports. Planning and Zoning Department, Shari Stiles, update on preparation of final Comprehensive Plan and slash Resolution. Stiles: Mr. Mayor and Council, I just wanted to let you know where we were on the Comprehensive Plan. We had hoped to have it up for a resolution tonight. We did get the copy back from our consultant with changes made. However, there are additional changes that need to be made, clean up typos, and problems with some of the layout of the document. We will be meeting with them next week to make the final changes and would like to ask if your meeting on the 30th, if we could have a special meeting prior to the meeting that I guess you would have with the Planning and Zoning Commission on the 30th, since it is the fifth Tuesday. Not going to have any? Corrie: We already decided on the 2nd. Stiles: Are you not going to have any meeting on Tuesday? Corrie: No. We will have it -- the next meeting will be August the 6th. Stiles: Is that when you -- you want to hold it off that long? Meridian City Council Meeting July 16, 2002 Page 4 of 89 Corrie: It's up to the Council if they want to have a special meeting for that week, we could do that. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: Shari, how long a meeting are we going to have? I don't want to hold it off any longer than that. Stiles: As far as I know it's a formality to adopt the -- what you have already approved through the resolution. The attorney's office said they would like to have a complete final document as it is going to be printed for -- from now on. So we just don't have that available yet. Bird: Could we have it the 23rd ahead of time, say 6:00 o'clock? Stiles: We won't have it ready that soon. We are not meeting the -- Bird: The 3rd will be the soonest you could have it? Stiles: To have it printed, because we are meeting around the middle -- either Wednesday or Thursday next week with the consultant and then we will have to have it printed. Bird: Mr. Mayor, I have no problem with that, as long as everybody else -- Corrie: Okay. Who cannot be here? Nary: I won't be here on the 30th. I mean I'd like to be here for it, but I mean I don't want to wait until -- Bird: We need all of us to be here. McCandless: It's on a Monday? Corrie: No. On Tuesday. The fifth Tuesday. If we want all of us to be here, which I think would be a very good idea, I -- and I'm like Keith, I would hate to put it off, but I think the 6th would have to be that. Nary: Okay. Bird: Can everybody be here? Berg: Mr. Mayor and Members of the Council, if it's just a formality and that's what we are talking about, you have a meeting that you have to attend on the 29th, that Monday, Meridian City Council Meeling July 16,2002 Page 5 of 89 at 8:30 at Compass on the North Meridian Planning Area, that maybe you could hold a meeting either -- you could maybe hold it at 8:00 o'clock here on the formality of approving a final draft; correct? Bird: Mr. Nary I won't be here. Nary: I won't be here. I mean I hate to wait, but I mean -- De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: If the changes are not material, if they are just typographical and pictures, I don't understand why we could not pass the resolution, unless the attorney needs to have those typos fixed. Is that what's holding it up? Nichols: Mr. Mayor, Members of the Council, what we wanted was the resolution to have attached to it the plan that's adopted and so that in the city clerk's resolution file that's the document that's attached to the resolution. Now just a typographical error change, that's not a change of substance. If there are issues with regard to the layout, that may be -- I mean it's however you want us to do it. Corrie: Okay. I'll just make an executive decision here and go to the 6th of August and we can all be here. Stiles: Thank you. Corrie: Okay. I will need a motion for that, Council, to table that until the 6th of August. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I would move that we table the final Comprehensive Plan resolution until August 6, 2002. McCandless: Second. Corrie: Okay. Motion has been made and seconded. Any other discussion? All those in favor of tabled to the 6th of August say aye. Opposed no. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 5: (Items Moved from Consent Agenda) Meridian City Council Meeting July 16, 2002 Page 6 of 89 E, Findings of Facts and Conclusions of L..aw for Denial: CUP 02-011 Request for a Conditional Use Permit for a sports bar with pool tables and big screen TV's in an O-T zone for Blumacs Sports Bar by Michael McGuinness - 706 East First Street (N. Main Street): Corrie: Item NO.5 is the items moved from the Consent Agenda. We will take up E first, Findings of Facts and Conclusions of Law for denial of a Conditional Use Permit for a sports bar with pool tables and big screen TV in an O-T zone for Blumacs Sports Bar, 706 East First Street, North Main. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I had requested to have this item pulled. I simply wanted to bring before the Council to delete on the Findings of Fact Item 7. What the Findings say is another alcoholic beverage of this type in the Old Town area would not help foster a family friendly atmosphere for the downtown area. I know that was part of our discussion and it was a lot of our discussion, My only concern is in the Findings it says we don't really have an ordinance that supports what that means, what family friendly means, and I don't -- certainly don't want to give an opening to a district judge to find some reason to overturn, plus there is plenty of other reasons in our findings to support that decision, so I wanted to ask if we should simply delete NO.7 to tighten up the Findings a little bit to make it so that it's less attachable, I guess, by another party. Corrie: Okay. Any other discussion? Okay. If you want to make that a motion that we ca n -- Nary: I would, therefore, then, move to approve the Findings of Fact and Conclusions of Law with the amendment of the deletion of Item 7 of the findings for the denial of the Blumacs Sports Bar. Bird: Second. Corrie: Okay. Motion has been made and seconded. Any further discussion? Hearing none, roll-call vote, Mr. Berg. Roll-call vote: McCandless, aye; Nary, aye; DeWeerd, aye; Bird, aye. Corrie: All ayes. Motion is carried. MOTION CARRIED: ALL AYES. J. Will Serve L..etter - W. H. Moore property: Meridian City Council Meeting July 16, 2002 Page 7 of 89 Corrie: The next item is Item J. This is a Will Serve letter by W. H. Moore property. Mrs. de Weerd. De Weerd: This, as well as I believe three other properties, were items that we discussed that needed changing on our land use map for our new Comprehensive Plan. We had adjusted that land use map to reflect the changes that have been discussed at Council and then we added it back in with the impression that these needed to come in front of us for application. [n looking at some of this correspondence, it suggests that two of these are being built with -- at Ada County without those applications. I just wondered what is the process we want to follow with this and -- with changing our area of impact. Do we want them to apply and do a Public Hearing there? Is the Public Hearing satisfactory just at Ada County? Do we need to -- if we are going to meet on this application, can we not clean up the rest of the properties with Yorgason, the one south of the freeway -- I can't remember whose that is. And Cavin? You know, what is the process we want to follow here? Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: This Will Serve is for property that's in our impact area, except for-- De Weerd: That one piece. Bird: -- just one little piece up there and that's the -- and I am under the understanding that these others have been -- and I don't know what -- I'm like you, Tammy, I don't know what the procedure is to get these transferred from Meridian's impact area to Boise -- from Boise to Meridian. This is strictly a letter that says when we get the sewer to you that we will let you hook up to it and then once we get within annexation area, you will annex. This don't have any -- this letter here don't have anything to say about the other being between Boise's impact area and our impact area. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I guess I just opened up the question of procedure and how we were to going deal with the other ones. Also in this letter it suggests that because they have agreed to annex as a condition of receiving city water and sewer, do they -- are we asking them to annex first? Are we going to help them find an annexation route? Or are we going to have the service out there without annexation and then we lose the application fees, the right to inspect, and some of those issues that we had talked I think over a year ago as those were major concerns. So this is the first we have really had an opportunity to discuss it, so I just wanted to have these items on the table, so we can follow a protocol for the other applications that could be coming if they are required to apply. Meridian City Council Meeting July 16, 2002 Page 8 of 89 Bird: Mr, Mayor? Corrie: Mr. Bird. Bird: We have already -- the South Slough we have extended it out there and once we get it out there I for one have no problem serving the property if they give us a letter of intent to annex when it's available to annexation. We do get the use of the hook-up fees and the monthly and I agree with you, we don't get the building fees and stuff like that, but it helps pay for the -- by the hook-up fees and stuff it helps pay for us to get the sewer and water out there. So I, for one, am in favor of signing these agreements. We have already signed these with a couple of previous subdivisions that we have had to run up lift stations and stuff to serve up north of that area. So I for one am in favor of doing that and I was a year ago when we discussed it. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: As to the new annexation -- well, I don't know if it's necessary anyway, because under the new annexation law once they do hook to the service we can annex it anyway. So I don't know if we need to put -- just to make it more muddled, I had a conversation with Don Hensley from Boise city public works department and he had also offered that -- maybe to answer Councilwoman de Weerd's question that there probably is -- does need to be some discussion with the public works staff or us and the public works staff of Boise to maybe resolve some of those issues that are along the borders between two cities, that serviceability and which should properly be in Boise's impact area and which in Meridian and vice-versa and I haven't had a chance to tell you, Gary, but he had mentioned that to me that that really made sense to him and I said I'd bring it to you to address that at some point. Smith: Thank you. Corrie: Well, I think what we need to do is we have to have our Council approval, Boise's council approval for the exchange of the area of impact and also the Ada County Commissioners. So I was trying to set up a meeting the 22nd of this month between the Ada County Commissioners, us, and Boise and make that change that we want to do that for that property up at -- Y orgason's property and also for this property and then if you wanted to do the north -- the northeast corner of Ustick and Eagle you could do that, but I would imagine the time that this gets all done the annexation will probably be there before they would even want to build anyway. We will have the sewer and water available by that time as well. So we can service it, I'm just concerned that I don't want to get into a match with United Water where they can and then they get it and they are not going to relinquish that at all, so -- De Weerd: Does Shari have something? Meridian City Council Meeting July 16, 2002 Page 9 of 89 Corrie: Are you waving at me, Shari? Stiles: Mr. Mayor and Council, there is a process they need to go through, Boise city does it through a zoning ordinance amendment; Cavin has already submitted that request to Boise city for the northeast corner of Ustick and Eagle. He's also submitted to us a miscellaneous application for the impact area change on his property, so we are running through public hearings on both sides and then would need to meet with Ada county once that's an official action by the Council. Corrie: So we would need a Public Hearing on Yorgason and also W. H. Moore's request, Shari, or can we -- Stiles: That's what we are telling the applicants in order to be consistent at least with the surrounding areas and I think they should go through a process with the Public Hearing and not just make it a meeting where you sit down with them and make some decision out of the public forum. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: This has -- this letter has nothing to do with -- this letter has absolutely nothing to do with whether it's in the Boise or Meridian impact. The biggest share of this land is in the Meridian impact area. This is a letter to ask us to serve once we get the sewer and water out there, which we will have out next year. That's all that is. The other process we have to go through a different -- it's a different process altogether. This is a Will Serve letter. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: So we have two different issues on the table right now. One is the Will Serve letter, which I don't have an issue on, but I do agree with Councilman Nary that our public works staff for Meridian and Boise should get together and find out who can best serve these properties. That doesn't influence this one, but I do think that's necessary before we meet with the county and the city of Boise, so we kind of have our ducks in a row and on the second issue, we have four pieces of property that were affected on our land use map, three of them that would be transferred over to Boise city's area of impact and one which is Winston Moore's that would be transferred into the City of Meridian. Those, as I understand it, need to go through an application process both from Boise and Meridian and the county, so they will have three separate public hearings. Stiles: I'm not aware that Ada county does a Public Hearing, but -- Meridian City Council Meeling JUly 16, 2002 Page 10 of 89 De Weerd: Okay. So they need a Public Hearing in Boise and one in Meridian. As long as we are consistent and we ask that of all the applicants, then that's how we should proceed, but I just wanted to be clear that we do have a process and that staff should get together to discuss the advantages and make sure our staff and Boise staff are all on the same page as well as to how those properties could best be served. Okay. Well, with that I will move that we approve the Will Serve letter for the northwest corner of Ustick and Eagle Road through Winston Moore's property and ask the Mayor to update his letter and the date from July 12th to July 17th and send it out. Bird: I second that, but I'd like to add one thing. We need an agreement with W. H. Moore Company regarding annexation when it becomes available. De Weerd: With the new law I don't think -- Corrie: I'm sorry. Mr. Nichols. Nichols: Mr. Mayor, Members of the Council, just a couple things. One thing to remember is what the law is today may not be the law at the same time next year. Nary: That's true. Nichols: And since we are providing service outside the city limits, we can condition that service on agreement to annex when contiguous and if that agreement is made and entered into and recorded, it binds the property and I think at that point, even if the law changes, we still have an argument that any change in the law cannot interfere with the terms of the contract. The contract would still be enforceable and annexation would still apply, De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I would move to include that in my motion. Second agrees? Bird: Second agrees, I believe that's the thing that we have out with those other two, isn't it? De Weerd: Mr. Mayor, I would also ask that staff works on finding that annexation route, so maybe in the timing we can actually do the annex and service all at the same time and I don't know what the hold ups are. I'm sure there is a couple of challenges out there, but if we can assist the applicant and make sure that we do this all at the same time, we'd sure clear up some problems. And I'm sure you're trying to do that anyway, Gary. Corrie: I will be happy to explain that. Okay. Anything else? Okay. Motion before the Council. Any additions? Okay. Roll-call vote, Mr. Berg. Meridian City Council Meeting July 16, 2002 Page 11 of 89 Roll-call vote: McCandless, aye; Nary, aye; DeWeerd, aye; Bird, aye. Corrie: Okay. All ayes. Motion is approved. MOTION CARRIED: ALL AYES. Item 6: Swear in two New Police Officers - Meridian Police Department: Corrie: At this time we have the swearing in of two new police officers for the Meridian Police Department and then followed by lCRMP awards for two other officers. So Chief. Worley: Thank you, Mr. Mayor and Council. It's always a pleasure to bring on a couple new officers and I'd like to have the two guys come up here right now and we will talk about them just a little bit. First in the back here, Matt Shriver is originally from Texas, but he spent most of his adult life in Idaho, graduated from Capital High School and then went onto Boise State University as a criminal justice major, also spent six years in the Marine Corps Reserve where he received the select Marine Corps reserve metal and the Navy achievement metal. He, in August of 2001, completed his studies at Boise State with a bachelor of criminal justice administration. Most recently he was working for Sears, but he's now a member of the Boise -- or Meridian Police Department. Old habits getting there, folks. Thirty-two years of saying that, you know it -- but we are very happy to have Matt on board with Meridian, Brian Caldwell is originally from southern California. After high school in Canoga Park started out to be a music teacher, was enlisted in the Army National Guard in southern California as a combat engineer and during the 1994 earthquakes his unit was activated to help with the crowd control and that sort of thing with -- as a result of the earthquake. He spent some time working with law enforcement agencies in the Los Angeles area and became hooked on law enforcement as a career from that. Was accepted to Washington State University where he changed his major to criminal justice and also did an internship with the Department of Corrections and Probation and Parole in the Lewiston office and upon graduation he was hired as a parole and probation officer in Lewiston where he's been employed up to the time that he came to work for us and, again, we are very happy to have Brian on board. So if I can ask the Mayor to come foreword and administer the oath. Oh, excuse me, Mayor. One second. I forgot something. Let me give each one of you a chance to introduce the people that you have here to support you. Matt. Shriver: I brought my fiancee Mary and my stepfather Art, my mom Angela, and my sister Joni. Worley: Thank you. Welcome. Brian. Caldwell: I have my father-in-law Michael Brand and his wife Betsy and my father-in- law's sister Sheila, but my wife is still up in Lewiston trying to gain employment down here, so -- Meridian City Council Meeting July 16, 2002 Page 12 of 89 Worley: Okay. Welcome to you, too. Thank you. Okay, Mr. Mayor. Corrie: Thank you, Chief, (Officers sworn.) Corrie: Congratulations. Worley: Thank you very much. Mr. Mayor, Members of the Council, citizens of Meridian, I'd like to present Police Officer Matt Shriver and Police Officer Brian Caldwell. Item 7: Awards from ICRMP for two officers: Worley: Mr. Mayor, if we can just move onto the next agenda item, I'd like Lieutenant John Overton and Sergeant Wayne Fukes to come forward. These two gentlemen recently attended a course put on by ICRMP that provides insurance coverage to most municipalities for the state of Idaho and I'd like to ask the city clerk to come down and make a presentation from that and explain a little bit of what this entails, Berg: Thank you, Chief. It is my honor and privilege, because I am the risk manager for the City of Meridian. lCRMP, our insurance carrier, provides a training program for risk management and it isn't very often that they have police officers that attend this and go through the whole course of personnel, contracts, policy, and loss control and liability insurance. So it is important that not just one person in the city knows about all these things, but quite a few, and our police department is a very high risk, exposed department, not because of them, but because what they do. And so it is my honor to present Wayne Fukes and John Overton and I want to read this certificate of accomplishment. Presented to Wayne Fukes and John Overton who successfully completed the ICRMP risk management program. This comprehensive training program completed on May 2nd, 2002, is an in-depth study focusing upon the role of public entity risk managers in Idaho. The program emphasizes human resource responsibility, property and casualty insurance, loss control, claims handling, tort reform, Idaho State statutes and contract insurance law. So it is an honor and I'm sure the chief really appreciates you both completing this. Thank you. Item 8: Introduction of Cindy Hill - Meridian Police Department: Worley: Mr. Mayor, Members of the Council, the next agenda item was an introduction of a new employee to the Meridian Police Department. I don't see her here tonight, but let me just talk just a little bit about her. We have been in the process for about the last year of hiring an evidence technician. As the Council is aware and for the citizens' information, one of the things that we have tried to do in the past year is turn over some jobs which have been being performed by police officers, but can be performed by non- sworn personnel, turn those over to those non-sworn people to put police officers back out on the street where they are providing direct service to the public. We have been in the process for about the last year of attempting to hire an evidence technician. It's a Meridian City Council Meeling July 16, 2002 Page 13 of 89 fairly specialized area even from the technician standpoint in that this cataloging and keeping track of all the evidence that comes into a police department can be a daunting task, because of court rules every piece of evidence that comes in, every movement of it has to be tracked, everybody who touches it, has any contact with it, that has to be logged and tracked for what we call the chain of custody. So it is a somewhat complex process. In the process of one not completely successful attempt to bring some people on board and find a candidate, we wound up re-advertising and going with a full-time position and that gave us some benefits to look at some people who weren't necessarily interested in the original part-time position. During this process we also became aware that some other cities in the area had used some of their evidence people, not only in the cataloging of evidence, but also as crime scene investigators, to actually go out and process crime scenes, something that is, again, very often done by police officers, but doesn't have to be. And in this process we were very fortunate to have apply and to select Cindy Hill. Cindy has been in the area of criminal forensics for a little over 15 years. She at one time was the lead technician for the Boise city lab and most recently was working for the state of Idaho. She will be starting next week and Cindy, in addition to knowing quite a bit about the process of chain of custody, is arguably one of the best, if not the best fingerprint forensics people in the state of Idaho. She -- at the budget presentation this morning we showed a little video clip of her work being featured on the Discovery Channel's New Detectives show for her work in a fingerprint comparison that led to the murder conviction of Ben Cusmachev for killing his wife about five years. So with that I just wanted to bring that to the Council's and city's attention that we are very fortunate to get the caliber of people that we are getting now in the Meridian Police Department. Thank you, Mayor and Council. Item 9: Tabled from July 2, 2002: Discussion of water and sewer latecomer agreements with Sundance Company for Silverstone Subdivision project: Corrie: Thank you, Chief. Okay. The next is Item No.9, which is tabled from the July 2nd, 2002, meeting to discuss the water and sewer latecomer agreements with Sundance Company for Silverstone Subdivision project. Brad, do you want to kind of give us a rundown here and what we have on that. Watson: Thank you, Mayor and Council Members. As you recall from two weeks ago, I had sent a memo to you listing five issues that needed some guidance from Council. I think we only good through about one and a half of those that night. The first one that we seemed to talk about at length was the eligible cost on the water and sewer latecomer request from Sundance Company. I did request in writing from them a more detailed explanation of what a couple of those costs were and they responded also in writing. I put a copy of that correspondence in your box this afternoon. It's not on your computer, if that's what you're looking for. Essentially, the discussion revolves around their claims for a construction manager and general conditions. Sundance's correspondence lists what they include in the general conditions and construction manager categories. Do you have that in front of you or do I need to run through that? Meridian City Council Meeling July 16,2002 Page 14 of 89 Corrie: That's the one I got this afternoon? Watson: Yes. Corrie: Yes. I have it. Does everybody else? Yeah. Watson: Again, my question originally was whether those should be included in eligible reimbursement costs. The only reason it came up is we have never done that before. Most of the projects that we have done in the past were not of the magnitude of this one. It appears from looking at this correspondence that -- from what I could tell, those items are all needed during the course of a sewer and water construction project. Are there any other questions or things I can clarify on that first issue? Corrie: Any questions from the Council? Okay. Doesn't seem to be right now. Is it your recommendation that we stay the way we have been doing it before, Brad? Or you want to discuss this a little more later? Watson: Well -- and I guess I should have a recommendation and all I can say is these are the things that ordinarily would be included in a construction project of this magnitude. The ordinance, if I can refer back to the ordinance, which I'm not sure if you have the packet from two weeks ago, the only issue is the interpretation of the ordinance and whether I'm getting sideways with that if I include it in the reimbursement agreement. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: You know, Brad, I guess my recollection of the discussion and looking at the ordinance, I mean [ don't think what they are requesting is adverse to what the ordinance says. I think it is just an interpretation issue. I guess my thought from two weeks ago was I think what either you or Gary or maybe both of you said, it's just something that's never actually been addressed before, it hasn't been brought up by someone else, so it isn't that we are changing -- I think our concern always is are they consistent with everybody and this is just something that we have never asked to be reimbursed for before. I don't see any reason that -- at least in part of the discussion, maybe at the end of the day in your discussions with them or while we are getting this agreement hammered out, you're able to work out some of these issues, but I don't think it's adverse to this, at least my reading of this -- or I don't think you would be adverse in including it. I recognize what your testimony was the last time and what your statement was, is that what your concern was, again, sending that back to the other people that have to hook onto that, but if it's justified and you can show and they show it to you that it's reasonable in light of the nature of the project, I think that's what you would tell anybody else that has to sign a latecomers agreement, that was what the cost of the project was, this is reasonable, it's in line with our ordinance, we agreed to it, you Meridian City Council Meeling July 16, 2002 Page 15 of 89 want to hook onto the line, that's the way it is. You got to have water, that's the way it goes. I will pay for it. So I guess that would be my view. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: How many other properties were going to be affected by this or participating in it? Watson: Council Member de Weerd, Mayor and Council Members, there are -- it depends on what you look at, the sewer or the water, because they have different service areas. There are dozens of property owners. De Weerd: And have any of them developed or in the process of developing? Watson: There are two projects in the process of developing, Sutherland Farms and EI Dorado. De Weerd: Okay. And these property owners are being kept in the loop of this process and what's being recommended and that sort of thing, so this won't be a surprise to them as well? Watson: Council Member de Weerd, Mayor and Council, one of the property owners is very aware of what's going on and has, in fact, from what I understand, reached a side agreement with the Sundance Company. But ordinarily in the course of preparing a latecomer, because there are dozens and dozens of properties, we do not coordinate with them or we don't contact them and tell them this is what we are working on, come in and look at it if you want. There is no Public Hearing notice requirement, so no. I think the second property owner is probably aware that there is a latecomer fee that will be charged, because they couldn't even begin to develop a project until the sewer was constructed, but as to participating and review of that, they haven't. De Weerd: Can those property owners participate at this point so that helps minimize any cost affected by this agreement would be? Watson: I suppose that they can. My attitude on that is that because there are normally dozens and dozens of property owners, if we select -- are selective in who we choose to contact and involve in the process, then those that are never contacted -- it's just a consistency thing. De Weerd: Right. Watson: If there was a Public Hearing notice requirement, then it would make it easier, I guess. Meridian City Council Meeling July 16, 2002 Page 16 of 89 Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I believe that when we discussed this before, that the agreement had all already been agreed upon by one of the -- by the second developer in or had looked it over and was agreeable to that. If I remember, that was the letter we received, Brad, if I remember right. Watson: Council Member Bird, Mayor and Council Members, there was a letter from an adjacent developer who I agreed -- who I believe agreed, at least in principle, to being subject to the latecomer fee and what I have in front of me doesn't list a specific amount. Maybe I don't have the right one. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I think this return letter here and -- in fact, I agree with you, Brad, I think -- you know, you definitely did what we had asked you to go back and get, if there was a cost and make sure it wasn't marked up, but I'm like Councilman Nary, that this is something we probably haven't done, but I don't think that our ordinance tells us exactly -- it's so clear that it tells us that it can't be done this way and I understand where the developer is coming from, I mean he is out this money and I think he's entitled to return on his money, he put the money up to get the sewer out there. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I'm no engineer or anything, but it appears to me that, really, the burden isn't on you, other than your department ends up being the first line people to deal with it, but the agreement has to be approved by us. The next person in who wants to dispute whether or not that was reasonable -- and I think what we would be relying on is what you're going to tell us, like in this issue about the construction manager, that's a reasonable cost for construction. We have built this, that's what it cost us to do it, we would have had to hire somebody, maybe we would have got a couple more low bids, because we are the city, but this is reasonable in light of the market of what you can do or what it would cost to build that project if we would have done it or they did it. Now they as asking to be reimbursed for it. The next person that comes in and says I don't want to pay that, they can come and talk to us and we can say, look, we already made that decision when we agreed to that latecomers, those people put that line in essentially for us, rather than us forking out the money for it they did, we agreed it was reasonable, you want to be hooked to our water and sewer, that's the price you have to pay. Period. And then, really, this isn't -- although, like I said, I know you folks get the first call, but ultimately it's us. So, you know, we have to approve whatever the final Meridian City Council Meeting July 16, 2002 Page 17 of 89 agreement is. If you can't come to an agreement, I guess if that eventually comes to an impasse of some sort with Sundance, I guess you bring it back here and you make your pitch and they can make theirs and we decide this is what we are going to do. But I think that's probably the easiest way to go fOl'V1lard is really it's our ultimate call in approving it and our ultimate call in telling the next party, tough luck, Charlie, pay it or you can't do it, if that's what you want, you have to pay the price. Corrie: Okay. Watson: Unless there are more, I will prepare an agreement that includes these costs and bring it back. Corrie: Thank you. Agree, Council? Bird: I agree. Corrie: All right. You have got your marching orders. Do you want to -- Watson: That's fine. There are four other issues. Corrie: Oh, I'm sorry. There are. I'm sorry. Watson: I wish that was -- Corrie: I'm sorry. I did take all four at one time. So go ahead. Watson: The second one is interest costs -- the construction loan interest cost from the time that was initiated through September 1st of this year projecting out. Again, the question on my part is whether this is allowed under the ordinance of a sewer ordinance, I think it's item number three, a reimbursement agreement may provide for interest to be paid to the sewer user. As I summarized two weeks ago, ordinarily this has been interpreted to mean that the latecomer fee per ERU is increased each year October 1 st, according to either the prime rate or some other agreed upon percentage. Sundance's interpretation of this is that the construction loan interest cost are eligible. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: Brad, if we were to have to borrow money to put in a sewer and we don't get it free, it's interest on the project, that's part of the cost of the project, isn't it? Watson: Councilman Bird, I would certainly consider it a project cost. That's not a question on my part, it's just whether the ordinance allows us to do that and if it does allow us to do that, then I'm going to apply it consistently to every other agreement that comes after this. Meridian City Council Meeting July 16, 2002 Page 18 of 89 Bird: Mr. Nichols has -- Corrie: Mr. Nichols. Nichols: Mr. Mayor, Members of the Council, it's my opinion it was referred to in the ordinance as interest after the latecomer agreement is entered into, because the agreement is potential up to a ten year agreement and the previous interest issues in the other agreements are so that the present dollar cost with some interest factor down the road to someone that hooks up in the year nine pays present value plus interest. That does not mean that the interest cost isn't a reimbursable cost, just I would read this portion of the ordinance as saying that's interest on top of whatever number you arrive at, however you arrive at it. That would be my interpretation of the ordinance. So, again, the ordinance doesn't say you can't include interest cost, they approve the cost, approve that part of their expansion of the system, then if the Council chooses to, it can be included. It could be that no one's asked before. Watson: Unless I hear otherwise, I'll go ahead and include this as an eligible reimbursement cost. Okay. De Weerd: Is that correct, Brad? They are only asking for the interest during construction only or is it interest from the time they start construction until the end of the ten years that you're allowed to collect or -- Watson: Council Member de Weerd, Mayor and Council, it's both. They include the interest on their construction loan as their starting principal, plus each year that per ERU would escalate. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I guess the only issue I would have -- and I think I agree more with Mr. Nichols, but one of the things the provision says they can't be reimbursed more than a hundred percent of what it cost them. The interest is something else and I think Mr. Nichols' interpretation is probably the most conservative and yet it still benefits the builder to a degree and may not -- maybe not necessarily as much as Silverstone wanted, but it is benefiting them. If they build it today and you don't hook up for eight years, you still have to pay whatever that fee we determined it would cost to hook up, plus the interest for the eight years you didn't hook up, because you weren't a part of it. Isn't that what you said? Is that right? Nichols: Councilman Nary, Mayor and Members of the Council, my view is if you choose you can take the interest cost through the end of construction, include it as a reimbursable cost, and then on top of that have a reasonable rate of interest, so that down the road someone who pays is on the same footing -- in other words, he gets Meridian City Council Meeling July 16, 2002 Page 19 of 89 back his cost, because if they were to build today and hook up today, he would be made whole today and if he waited until year eight, then there is some interest -- forgone interest on that reimbursement, because he didn't have it to invest or do something else with it. Nary: That's what I just -- okay. Watson: I think I understand. Proceed that way. The third item is the administration cost provided for in the ordinance. It provides for a ten percent administrative fee to be retained by the city for handling the latecomer agreement over the ten-year period. Traditionally, it has been taken out of the principal. In other words, on a 500,000 dollar latecomer agreement, if that was all paid back in the year one, the city would retain 50,000 dollars of it, the develop would get 450,000. That's the way it's been done on every agreement that we have so far. Sundance's interpretation is that we calculate the fee based on 550,000 dollars, they are made whole, they get back their entire principal, the city tacks on ten percent to each latecomer. Again, I think this is an interpretation thing and whatever we decide to do on this one is what I'll end up doing on all of them. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Although we haven't done it that way, I certainly think you can read the ordinance to say that. It doesn't really tell us that it can't be an additional cost passed on, because, otherwise, we are asking the builder to build something to the city's benefit, wait potentially ten years to get all your money back, and at the end you're still out ten percent, plus whatever cost -- I mean part of this is to serve their property, so part of it they have to pay for. So I understand where they are coming from and I don't see any -- I don't think there is anything wrong with doing it that way. Bird: I don't either. Watson: Okay. Okay. Should I move on or-- Nary: Yes. Watson: Okay. Nichols: Mr. Mayor, Members of the Council? Corrie: Mr. Nichols. Nichols: Just a point for future reference. If you're going to add this fee on top, it would be my recommendation that we change the ordinance and come up with some kind of a fee that the departments calculate out that they incur as they collect these fees, because when we take it out of the reimbursement, that's part of our contract and so Meridian City Council Meeting July 16. 2002 Page 20 of 89 that's part of the agreement with the developer that they have made an agreed to live with that. When we impose the fee upon somebody that's hooking up, we need to make sure that it's not a tax and is actually a fee that has a relationship to the actual services that's being provided. Nary: I think that's great. That's a great rational that makes sense and that's fair to everybody. Thank you. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: How soon could that be done? Because we have at least two properties that are in the process of being in that situation as a latecomers fee. Will we be able to collect a ten percent administrative fee without that new language? Nichols: Councilwoman de Weerd, Mayor, Members of the Council, the ordinance simply says the city may charge and may receive. It doesn't say that we have to. So as far as these that are ready to hook up now and pay now and there may not be actually that much to the administrative expense, but the departments that have to do this, the finance department, can certainly give some kind of a cost figure of how much time is spent doing this and based upon a reasonable reimbursement fee we could factor it in per ERU and have it assessed that way. As far as changing the ordinance, it wouldn't take too much to change the ordinance, we just simply take this provision, delete sentence four, or change part of it to say may receive an administrative fee to be set by resolution of the Council. De Weerd: Is this also something we could put in the development agreement that has not come through yet? Watson: Yes. De Weerd: It sounds like, Brad, you have some quick work to be done. Okay. Watson: The next -- the fourth issue is the water latecomer fee. The only reason I'm bringing this to you is that the cost for this water line extension was very high when you compare it to the service area, which is relatively small. If you'll look at table three, it's a couple -- well, do you all have the information from two weeks ago? Table three in there it shows the water latecomer fee at different -- under different scenarios. I think what we are looking at now, since we have gotten through the first three issues, is the bottom right figure of 1,162 dollars per ERU. This is an extremely high latecomer fee per ERU. I'm not sure that I have a question or even a recommendation on this one. I guess I just want you to be aware that when and if an agreement came before you, and Sundance is saying it is really high -- normally they are in the two to three hundred dollar range. De Weerd: Mr. Mayor? Meridian City Council Meeting July 16. 2002 Page 21 of 89 Corrie: Mrs. de Weerd. De Weerd: Brad, perhaps we can revisit this after you have had time to kind of look at it further, because this needs to be solved with the latecomers on the sewer or can this be done separately? Watson: This is the water latecomer agreement. The first three I think is enough to get their sewer latecomer agreement signed by -- De Weerd: Well, we can visit this when you have a recommendation. Watson: The fifth one -- the fifth issue has to do with the well site and, again, trying to wrap this into a latecomers agreement is very difficult. We have never put a well into a latecomers agreement. What they are asking for is reimbursement of the area that we are using for our pump house and this is turning out to be kind of like sewer easements, we never used to have to pay for one, but evidently we are in an era when we do that. They are quoting us a discounted price of five dollars per square foot on 20,840 square feet, for a total land price of 104,240 dollars. If I put this into the water latecomers agreement it's going to escalate up to the point of adding 17,000 dollars or so to every house they build in that area. De Weerd: Mr. Mayor? Corrie: Mrs, de Wee rd. De Weerd: Brad, what was in the development agreement? Usually well sites are addressed in that. Were they not required to provide that? Watson: Council Member de Weerd, Mayor and Council Members, I don't know that they were required to provide it. Way back in the conceptual stages of this project I think we agreed in principle or in concept at the time that we would try to wrap this land cost into a latecomer's agreement, not knowing what the discounted price would be once we got it. Once we tried to push that into a latecomers agreement, like I said, it just becomes huge. Some of the options are spreading it out over a somewhat ill-defined service area and the reason I say that is a well doesn't have a -- doesn't have a boundary on it. It serves all over the place, depending on which wells are on. If we brought something like that to you, it would be different than anything you have seen before, but maybe Mr. Nichols needs to speak to this -- but somewhat -- because of these boundary lines on a latecomer agreement. We can do a lot of things. The long and short of it is they want something in writing that guarantees that they are going to get paid back for this land. Nary: Mr. Mayor? Corrie: Mr. Nary: Meridian City Council MeeUng July 16, 2002 Page 22 of 89 Nary: What I did hear you say, Brad, is we didn't require that they provide this well site to provide water for their own property as a condition of approval? Like we would -- isn't that normally the course for most of a residential subdivision and the like, that we have well houses on -- Watson: Council Member Nary, Mayor and Council Members, I think it was required that they provide that. What I don't know for sure is in the development agreement, was -- at what compensation or -- if any. Normally, I think the developers of residential subs where most of our wells are just donate it. I guess kind of a related question is if you do do something that makes this a formal agreement, are appraisals needed? Do we need to do something in order to execute such a document or agreement? I'd hate to work something out, get it all the way to you, and then at the last minute be told that I should have gotten an appraisal and I could have taken care of this outside the Council meeting. The last few days it's been kind of hectic. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: Brad, this five dollars a square foot, is it -- what -- like a Touchmark or areas like that or what have we been paying for it? Watson: Council Member Bird, Mayor and Council Members, like I said earlier, we haven't paid for a well site up to this point. We are in negotiations with the Touchmark people to purchase that well site, too. Bird: Is this in line with what they are asking? Watson: Gary says that they are asking for eight, but that is an existing well, the hole was already in the ground, so I guess there is some value in that. It sounds like from the discussion maybe I need to bring two, three, four specific proposals to you. De Weerd: Yes. Watson: A menu that you can select from and I will look at number four as well. I think I have got enough direction on the first three to at least get started on the sewer latecomer agreement fairly quickly. Corrie: Okay. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. Meridian City Council Meeting July 16, 2002 Page 23 of 89 De Weerd: I guess to bring something back, would Silverstone be subject to the well lot portion of the latecomer's fee as well or are they asking to be excluded from that when you start figuring total cost? Watson: If we brought a water latecomer well land latecomer agreement to you, it would have to have some benefit area, some service area. What I would probably do is take Silverstone's proportionate share out and then divide the remaining cost over that benefit area. So the short answer is, no, they wouldn't be, but they wouldn't be getting a full whatever it was, 105,000 dollars back either, because their proportionate share would be taken out of the reimbursable amount. De Weerd: Okay. Corrie: Okay. Brad. Watson: Thank you very much. Item 10: Ordinance No, AZ 02-003 Request for annexation and zoning of 3.84 acres from R-1 to R-8 zones for proposed Amberstone Subdivision by Jim Jewett - south of West Cherry Lane and south of North Summertree Way: Corrie: Looks like you have your work cut out for you here. All right. Item No. 10 is Ordinance No. 02-964, a request for annexation and zoning of 3.84 acres from R-1 to R-8 zones for proposed Amberstone Subdivision by Jim Jewett, South of West Cherry Lane and south of North Summertree Way. Mr. Clerk, if you would read Ordinance No. 02-964 by title only at this point. Berg: Thank you, Mr. Mayor, Members of the Council. Ordinance No. 02-964, an Ordinance finding that said land to be known as Amberstone Subdivision located south of West Cherry Lane and south of North Summertree Way and which lies contiguous and adjacent to the city limits of the city of Meridian, County of Ada, state of Idaho, and finding that the owner James Jewett has made a request for annexation in writing to the Council designated -- said land be annexed to the City of Meridian, 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: You have heard the reading of the ordinance by title only. Is there anyone from the audience that would like to have it read in its entirety? Hearing none, Council, any further discussions? Hearing none, I'll entertain a motion on Ordinance No. 02-964. Meridian City Council Meeling July 16, 2002 Page 24 of 89 McCandless: Mr. Mayor? Corrie: Mrs. McCandless. McCandless: I move that we approve the request for annexation and zoning of 3.84 acres for the proposed Amberstone Subdivision with suspension of rules. Bird: Second. Corrie: Motion has been made and seconded to approve Ordinance No. 02-964 with suspension of rules. Any further discussion? Roll-call vote, Mr. Berg. Roll-call vote: McCandless, aye; Nary, aye; DeWeerd, aye; Bird, aye. Corrie: Okay. All ayes. Motion is approved. MOTION CARRIED: ALL AYES. Item 11: Ordinance No. AZ 02-009 Request for annexation and zoning of 1,00 acre from RUT to L-O zones for the proposed Meridian Fire Department Locust Grove Substation property by the City of Meridian - 3545 North Locust Grove Road: Corrie: Item No. 11 is a request for annexation and zoning of one acre from RUT to L-O zones for the proposed Meridian Fire Department Locust Grove Substation property by the City of Meridian, 3545 North Locust Grove. If the clerk would read that by title only, please. Berg: Thank you, Mr. Mayor, Members of the Council. Ordinance No. 02-965. An Ordinance finding that certain land to be known as the Meridian Fire Station Department -- excuse me -- Meridian Fire Department Locust Grove Substation located at 3545 North Locust Grove Road and which lies contiguous or adjacent to the limits of the City of Meridian, County of Ada, State of Idaho and finding that the owner City of Meridian, Meridian Rural Fire Protection District has made a request or annexation in writing to the Council and that said land be annexed to the City of Meridian and zoning designated Limited Office District (L-O) and declaring that said land by proper legal description as described below be a part of the City of Meridian, County of Ada, State of Idaho, and 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. Meridian City Council Meeting July 16, 2002 Page 25 of 89 Corrie: You have heard the reading of Ordinance No. 02-965 by title only. Is there anyone from the public that would like to have it read in its entirety? Hearing none, Council, if there is no discussion I'll entertain a motion on the ordinance, Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I think on my last one I asked Mr. Berg to read all of the ordinance, but tonight I'll just go ahead move that we approve 02-965, request for annexation and zoning of one acre from RUT to L-O zones for the proposed Meridian Fire Department Locust Grove Substation property by the City of Meridian, 3545 North Locust Grove Road and pursuant to Idaho Code 50-902 with suspension of the rules. McCandless: Second. Corrie: Okay. Most has been made and seconded to approve Ordinance No. 02.965, Meridian Fire Department Locust Grove Substation. Any further discussion? Hearing none, roll-call vote, Mr. Berg. Roll-call vote: McCandless, aye; Nary, aye; DeWeerd, aye; Bird, aye. Corrie: Okay. All ayes. Motion is approved. MOTION CARRIED: ALL AYES. Item 12: Ordinance No. AZ 01-027 Request for annexation and zoning of 77.9 acres in a proposed R-8 zone for proposed Baldwin Park Subdivision by Capital Development Co. - ~ mile south of McMillan Road, east side of Linder Road: Corrie: Item No. 12, Ordinance No. 02-966. This is a request for annexation and zoning of 77.9 acres in a proposed R-8 zone for the proposed Baldwin Park Subdivision by Capital Development, a quarter mile south of McMillan Road on the east side of Linder Road. Mr. Clerk, if you will read that Ordinance No. 02-966 by title only, please. Berg: Thank you, Mr. Mayor and Members of the Council. Ordinance No, 02.966. An Ordinance finding that certain land owned by J. Ramon and Marilyn Yorgason to be known as Baldwin Park Subdivision located a quarter mile south of McMillan Road, east of Linder Road and which lies contiguous or adjacent to the city limits of the City of Meridian, County of Ada, State of Idaho, and finding that the owner has made a request for annexation 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 Meridian City Council Meeting July 16, 2002 Page 26 of 89 property to the official maps of City of Meridian, Idaho, and directing the clerk of the City of Meridian to me a certified copy of the ordinance and map of the area to be annexed with the Ada County Recorder, Auditor, Treasurer and Assessor and the State Tax Commission of the State of Idaho pursuant to Idaho Code Section 50-223 and Section 63-2215. Corrie: Okay. You have heard the reading of Ordinance No. 02-966 by title only. Is there anyone that would like to have it read in its entirety? Hearing none, I'll entertain a motion on Ordinance No, 02-966. McCandless: Mr. Mayor? Corrie: Mrs. McCandless, McCandless: I move that we approve Ordinance No. 02-966, request for annexation and zoning of 77.9 acres in a proposed R-8 zone for proposed Baldwin Park Subdivision with suspension of rules. Bird: Second. Corrie: Okay. Motion has been made and seconded to approve Ordinance No. 02-966 with suspension of rules. Any further discussion? Roll-call vote, Mr. Berg. Roll-call vote: McCandless, aye; Nary, aye; DeWeerd, aye; Bird, aye. Corrie: Okay. All ayes. Motion is approved. MOTION CARRIED: ALL AYES. Item 13: Tabled from June 18, 2002: FP 02-005 Request for Final Plat approval of 22 building lots and one other lot on 5.81 acres in an R-40 zone for Cooper Canyon Subdivision by Wildwood Development LLC - on East Wilson Lane, east of South Locust Grove, south of East Fairview Avenue: Corrie: Item No. 13 is tabled from June 18th, 2002. This is a request for a final plat approval of 22 building lots and one other lot on 5.81 acres in an R-40 zone for Cooper Canyon Subdivision by Wildwood Development, LLC, on East Wilson Lane, east of South Locust Grove and south of East Fairview Avenue. Staff comments. Shari: Mr. Mayor and Council, this -- the final plat was tabled last time because the development agreement and ordinance had not been approved. Those were approved on July 2nd, 2002, We have received no response from the applicant opposing any of the comments from staff or agencies. We would recommend approval of this final plat with all staff and agency conditions. Corrie: Okay. Any questions from Council to staff? Meridian City Council Meeting July 16, 2002 Page 27 of 89 Bird: I have none. Corrie: Is there any -- is the final plat representative here -- have any questions? Okay. I'll entertain a motion, then, for the request for final plat. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I move that we approve the request for final plat of 22 building lots and one other lot on 5.18 acres in an R-40 zone by Cooper Canyon Subdivision, to include all staff comments and ask the attorney to draw up Findings of Fact and Conclusions of Law and Decision of Order. Bird: Second. Corrie: Okay. Motion has been made and seconded to approve the final request for final plat for Cooper Canyon Subdivision. Any further discussion? Hearing none, roll-call vote, Mr, Berg. Roll-call vote: McCandless, aye; Nary, aye; DeWeerd, aye; Bird, aye. Corrie: Okay. All ayes. Motion is approved. MOTION CARRIED: ALL AYES. Item 14: FP 02-012: Request for Final Plat approval of 35 building lots and 7 other lots on 4.67 acres in an R-8 zone for Berkeley Square Subdivision by Wardle and Associates -- 1025 North Ten Mile Road: Corrie: Item No. 14 is a request for final plat approval of 35 building lots and 7 other Jots on 4.67 acres in an R-8 zone for Berkeley Square Subdivision by Wardle and Associates, 1025 North Ten Mile Road. Staff comments. Shari: Mr. Mayor and Council, we have made our comments on this application. The applicant has expressed opposition to one condition, that would be Site Specific Condition No, 11 in regard to the pressurized irrigation well development fee. They are proposing a reduced fee due to the fact that the lots are smaller than the typical 8,000 square foot lot. They are asking for a reduction from 730 dollars per lot to 124 dollars per Jot. They are also basing their calculation on the irrigable land on the lots on a proposal that the setback between buildings be completely gravel, so that would mean the five feet that is adjacent to the building on each building would be gravel, no landscaping within that area. I will let the Public Works Department address whether they agree with the reduced fee. Meridian City Council Meeting July 16, 2002 Page 28 of 89 Watson: Mayor and Council Members, I have met with the applicant and I think we have come to an agreement on what an appropriate reduced well development fee per lot should be. I think. We are okay. Is there any questions? Corrie: You're okay with what they are suggesting? Watson: Yes. Corrie: Is what you're saying? Watson: Yes. It's a 20 percent reduction -- or it's 80 percent down to 20 percent reduction of the standard R-4 8,000 square foot home. Corrie: Okay. De Weerd: So you're okay with 124 dollars? Watson: It works out to -- there are a couple other arithmetic things that are not quite right in the staff comments. It works out to 150 dollars per lot. Corrie: Anything else? Representative Wardle? Wardle; Mr. Mayor, Council Members, my name is John Wardle. My address 50 Broadway Avenue in Boise. As Mr. Watson stated, the fee we have worked out with them is 150 dollars per lot, so we agree with that as well and I will stand for any questions if you have any. That was the only issue we had with the conditions that were in the staff report. Corrie: Okay. Any questions from Council? All right. Wardle: Thank you. Corrie: Okay. Any further discussion? If not, I'll entertain a motion on the request for final plat and the staff comments. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I move that we approve the request for final plat of 35 building lots and 7 other lots on 4.67 acres for the proposed R-8 zone of Berkeley Square Subdivision, to include all staff comments with the reduced well development fee to 150 per lot and ask the attorney to draw up Findings of Fact and Conclusions of Law and Decision of Order. Bird: Second. Meridian City Council Meeling July 16, 2002 Page 29 of 89 Corrie: Motion has been made and seconded. Any further discussion? Roll-call vote, Mr. Berg, Roll-call vote: McCandless, aye; Nary, aye; DeWeerd, aye; Bird, aye. Corrie: Okay. All ayes. Motion approved. MOTION CARRIED: ALL AYES. Item 15: FP 02-013: Request for Final Plat approval of 27 building lots and one other lot on 10.29 acres in an R-4 zone for Vienna Woods Subdivision No.6 by Skyline Development Company - east of North Locust Grove Road, north of East McMillan Road: Corrie: Item No. 15 is a request for final plat approval of 27 building lots and one other lot on 10.29 acres in an R-4 zone for Vienna Woods Subdivision No. 6 by Skyline Development Company, east of North Locust Grove Road and north of East McMillan Road. Staff? Stiles: Mr. Mayor and Council, this is another phase of Vienna Woods that has been developed in Ada County per our agreement with the Ada County Commissioners in negotiating our area of impact. Planning and Zoning takes no issues with this project, but asks that all of the staff comments -- that they comply with all staff comments on this project. Corrie: Is the applicant for Vienna Woods here? Name and address for the record, Johnson: Mr. Mayor and Council, Tucker Johnson, Skyline Development, 10464 Gabriel Court. Generally concur with the staff report. Just a couple housecleaning items that I noticed once I was able to get the packet earlier today. As with the previous phases, item one, need to insert the word applicable city ordinances. This is a county subdivision, so not all city ordinances have jurisdiction in terms of, you know, how to measure a lot width and things like that, but for the most part it won't affect anything substantial. The final plat as you saw it and viewed it is exactly how we are building it. Actually, in this case we actually deleted one lot, so we are actually loosening the density at little bit. Item three, paragraph three, it talks about needing building permits. Technically building -- you don't issue building permits, you issue the sewer and water fees. So my recommendation there would be that the word building permits -- prior to any water or sewer fees being accepted. That's how we worked it out with the Public Works in terms of those issues. Those are current when the sewer and water fees are paid to the city and that's what we talked about with the city, the department will not accept those applications for sewer and water hook-up until X, Y and Z and then requiring us to put it in. Item five of NO.2 -- this is my last comment. Strike the words minimum square footage. That sounds -- it's a county subdivision and the county zoning ordinance is the applicable ordinance and has per the previous phases, to be consistent, that would be stricken as well from these comments. So it's pretty cut and Meridian City Council Meeling July 16,2002 Page 30 of 89 tried, pretty straight forward in terms of -- it's the sixth time around, so it's not real rocket science, but those are the extent my comments or questions and I'll stand for any questions if you have any. Corrie: Council, any questions? Bird: I have none. Corrie: Mr. Bird. Okay. Thank you. Bird: Thank you. Johnson: Thank you. Corrie: Okay. I will entertain a motion for the request for final plat on the Vienna Woods Subdivision. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I move that we approve the request for final plat approval for 27 building lots and one other lot on 10.28 acres in an R-4 zone for Vienna Woods Subdivision No.6, to include the changes in number one, to insert the word applicable where needed; number three, to replace building permits with water and sewer fees, and, number five, to delete item number -- or item two and ask the attorney to draw up Findings of Facts and Conclusions of Law and Decision of Order. McCandless: Second. Corrie: Okay. Motion has been made and seconded to approve the request for final plat for Vienna Woods Subdivision No, 6 with those changes. Further discussion? Hearing none, roll-call vote, Mr. Berg. Roll-call vote: McCandless, aye; Nary, aye; DeWeerd, aye; Bird, aye. MOTION CARRIED: ALL AYES. Item 16: FP 02-014 Request for Final Plat approval of 82 building lots and 6 other lots on 24.21 acres in an R-8 zone for Heritage Commons Subdivision by Brighton Corporation -- west side of North Locust Grove Road, south of East McMillan Road: Corrie: Item No. 16 is a request for final plat approval of 82 building lots and 6 other lots on 24.21 acres in an R-8 zone for Heritage Commons Subdivision by Brighton Meridian City Council Meeting July 16, 2002 Page 31 of 89 Corporation, west side of North Locust Grove Road, south of East McMillan Road. Staff comments. Stiles: Mr. Mayor and Council, you have the staff comments that are dated July 11th, 2002. We received this afternoon some comments from the applicant's representative opposing some of the comments. I'll go through those -- each one of those items. Site Specific Condition No.6, the site specific condition does read correctly as worded. The preliminary plat did show a 20 foot wide alleyway. There was a twelve foot wide paved area shown for the alley, with a four foot wide gravel area shown in the street section for the alleys on each side of the paving that would have been the -- that would have equaled the 20 feet. We were trying to follow what was approved at the preliminary plat stage and with some experience we had on previous applications in final plats, we were sticking to make sure that the plat does conform with the approved preliminary plat. So that would be up to Council whether they want to delete that requirement to stick to what was approved with the preliminary plat, which was a twelve foot pavement with four foot gravel on each side. It probably doesn't make a specific difference to the fire department, as they can reach it from the streets. They would be able to reach it with the streets. They wouldn't have more than 150 feet. They were concerned -- I talked with Joe Silva this afternoon and he was concerned with the fact that a lot of fires could be started in the back towards the alley with the garages in the back, but there is not a fire code ordinance that would require those to be in keeping with the 20 foot wide alleyway. We have not heard from Sanitary Service Company, We tried to get with them this afternoon to see if they would have any problems with -- I think the main concern they had was with the recycling trucks. So if that's deleted we would like that to be specifically acted on by the Council how that should read. Site Specific No.7, the -- I'm not sure where the three lots came from. The preliminary plat, Block 24, did reflect 22 lots initially. They have shown three lots at the end with a slightly different orientation. One of those lots was partially outside of the current phase line and as long as we can keep track of what that is and what's deleted and there is no net increase, we will -- as long as the changes don't get to the point where we are not able to track them and when the application was submitted it said it would conform with the preliminary plat and our condition stands as it reads, unless modified by the Council. The first one is not considered significant if that remaining lot outside of the phase or the remaining portion of the lot is not added somewhere else. Site Specific Condition NO.8 on Block 11, there was a lot added after the approval of the preliminary plat. Had the applicant's representative merely talked to the staff and explained what was going on prior to submitting their application we probably could have worked that out, but it was submitted indicating conformance with the preliminary plat and, in fact, it was not. They have indicated that they will be removing a lot on the southern boundary in a future phase. Site Specific No. 12 we had no issue with. We would like to add in the second sentence -- they are proposing to add that the said plan shall be implemented per staff approval prior to the issuance of any building permit, to add per staff approval between the implemented and prior. Site Specific Condition No. 13, the planting landscaping plan, it was staff's understanding at the -- during the preliminary plat that due to the fact that there was -- it was an unknown when the frontage on Locust Grove would be developed as far as the office uses and the exception area, that that frontage would be Meridian City Council Meeling July 16, 2002 Page 32 of 89 landscaped at this time and also that the landscape plan would be submitted to show that landscape plan. It may be years and we don't know that at this point how long it will be before that develops, but we would like to have the landscaping constructed along Locust Grove in accordance with city ordinance, even though it is a -- it's an off-site improvement for this phase, we believe that the requirement was intended to mean that they landscape it prior to any lot within the preliminary plat subdivision that was approved and we would like that requirement to remain, so we would not recommend approval of the request on Site Specific Condition No. 13. The applicant's representative under that same item has indicated that he wanted to add in the event of weather restrictions the applicant shall be allowed to bond for all the required common area improvements, including landscaping, the community center, and gazebo prior to final occupancy of any unit. In any case, improvements shall be made as weather permits. This is not something that we had typically allowed to be done after occupancy and I believe the development agreement that we typically enter into does state that all improvements will be completed prior to occupancy and that would include the community center and gazebo. We naturally had to make some concessions on landscaping if you're in the middle of winter and it's obvious that you can't plant or even in the hot weather in the summer there is times when it will severely stress the plantings, then we have allowed them to have a reprieve on getting those planted until it was prudent. So I'd like to -- for the Council to be able to address that, specifically the Locust Grove landscaping and the common area improvements, which would include the community center and the gazebo. Site Specific Condition No. 18 was simply a clarification that would show the net density as 5.83 dwelling units per acre. General Requirement No. 3 on the lighting, they want the ability to install some street light fixtures. I think that the requirement can stand as is, because they will -- if they propose alternative streetlights, they will take an agreement with the city at a later date, that they -- the Council will be asked to approve alternative streetlights. General Requirement No. 9, four foot sidewalks. We did show the separated detached sidewalk to be four foot wide sidewalks per our ordinance and per the Conditional Use Permit. We would still ask if there are pathways in common areas going through pedestrian walkways, those types of things between common areas, that they be built at the five foot wide construction. Fire Department Requirement No. 7 regarding on-street parking, they have asked that Requirement NO.7 be deleted and I believe with the Council's approval of the preliminary plat, they did delete the fire department's requirement to have restrictive parking on one side. The fire department does request that the alleys be posted to -- that they have no parking and be shown as a fire lane. If they are to be two way alleys, they would like that to be on each end of the alley or if it's one way, they could be just on one end of the alley. With that we would ask Council to act on the requested changes and to otherwise approve it with staff and agency conditions. Corrie: Any questions of staff? Bird: I have none. Corrie: Okay. The developer? Meridian City Council Meeting July 16, 2002 Page 33 of 89 Wardle: Good evening. For the record, John Wardle with Brighton Corporation, 12426 West Explorer Drive in Boise. If you will indulge me just for a second so I can pass out some things. I appreciate staff's comments and I think I can limit my points just to a couple of issues here. On Site Specific Condition NO.6 we have always intended to go with twelve foot alleyways and the question is whether the right of way width needed to be 16 feet or 20 feet. On another project being built the highway district required us to do 20 feet. They since changed or have maybe interpreted their standard a little bit different. Their requirement is 16 feet. So we have assumed the additional footage in the lot. I think it's pretty straight forward, We are just asking ACHD's standard, which is 16 feet for the 12 foot alley to be accepted. I gave to you a couple of loose sheets -- there is actually three of them, This relates to Site Specific Condition No.7 and Site Specific Condition NO.8. In front of you there is what the final plat looks like today and what it looked like with the preliminary plat. In Site Specific Condition No.7 we simply re-oriented a couple of lots, so we did end up with a little area back there which is kind of a no-man's land. These lots front out on one road, instead of two facing that way and one this way. So we re-oriented that. We don't see that as a significant change. It doesn't increase the density, it's just simply a re-orientation of those two lots. On Site Specific Condition No, 8, specifically Block 11, the final plat, which is Block 17 in the final plat, we did add a lot here and this -- I did discuss this with the staff verbally before it was submitted. I did submit a letter to staff clarifying what we had done here, as well as the subsequent e-mail and other verbal conversation. We did add a lot here, but we subtracted a lot from another area, We aren't trying to sneak in an additional lot here. I did submit to you tonight a revised site plan that reflects these changes. When we were in the Public Hearing we did hear from the neighbors to the southwest that were concerned about the lots in there and we went back and looked at them and there were a few small lots and what decided to do is pull one lot out of there, spread the difference between the existing lots, we are talking specifically Block 21 here, and move that lot to another area. We don't want to get penalized for adding a little additional width in one area, we just want to be able to move that lot to another area, And graphically just wanted to show you what he have done, that we are not adding a lot to this project, we just wanted the flexibility to move one lot from the area -- like I said, move it to this final plat in Block 11 final plat. In terms of temporary construction fencing, we will work with staff and we are okay with their approval. On Site Specific Condition No. 13, relating to the planting plan and landscaping plan, this is along Locust Grove and specifically the areas where we will have an office development. We did intend to put those improvements in at the beginning of the phase, we talked about the phase may be accelerated, but since they are not part of this plat, we don't feel it's appropriate for us to have to do that improvement at this time. I can perhaps refer to Mr. Turnbull to address that a little more. We did not include those in the landscape plan, because they are not part of the plat. Coming out of the Public Hearing as well it wasn't our impression that we needed to provide that landscaping to begin with, As for that last part of that condition that we added which is underlined, it said in the event of weather restriction, that language is specifically from the approved preliminary plat and Conditional Use Permit and the Public Hearing. I pulled that directly from what was signed off by the city. There was much discussion at the Planning and Zoning and City Council meeting regarding these improvements. There is a significant amount of improvements that are Meridian City Council Meeting July 16, 2002 Page 34 of 89 going to occur with this project at the very beginning. You have got a community center, which will include a swimming pool, a gazebo, we have a three acre park site, we just need the ability, since it's late in the year, that these -- that if we are not done in time that the certificate of occupancy occurs, that we be allowed to hold those -- you will be allowed to hold those bonds as a guarantee and as weather improves we will finish them off. That language is directly from what was approved by the city. And as for the rest of those, I think Shari has done a really good job of explaining our position. We don't have any additional comments. I will defer to Mr. David Turnbull, he wants to address of few things at this point. Turnbull: Good evening, Mr. Mayor, Members of the Council. David Turnbull, Brighton Corporation, 12426 West Explorer Drive. I think John has covered it pretty well. I think Shari has covered it mostly. I guess I'll just point out that the nature of the preliminary -- the difference between a preliminary plat and a final plat, if we are not able to do some fine tuning when we come to a final plat stage, I don't know what the purpose of the preliminary or final plat stage is. This is very consistent with what's done in other areas, specifically the areas that were mentioned up in here and, you know, it's just a reconfiguration of lots and that's consistent with what happens between a final plat and a preliminary plat. As for landscaping on Locust Grove Road, I want to point out that in our Conditional Use Permit we were required to do in our first, phase this area right here, this park and gazebo, which we are going to also point out that we are doing the community center in this first phase. We are also going to be improving some other areas here and I was totaling that up today and it's a million dollars worth of common area improvements. So we are going well beyond the normal standard, we are essentially putting all the common areas in, with the exception of Locust Grove frontage and we will do that in a subsequent -- at a subsequent time in the near future. If you wanted to make it concurrent with the second phase, I would be happy to do that. We will probably even do of before then, but we just have a lot of work to do with this initial phase. There is a lot of common areas that we are doing. So if you have any questions for me I will be glad to answer them. Otherwise, I would appreciate that you consider the letter of revisions which we don't think are substantial, but they are important, that Mr. Wardle submitted to you this morning. Thank you. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: And I don't know if Mr. Turnbull or Mr. Wardle can answer this, but you didn't address that there was some disagreement on the staff of the four foot sidewalk and the on-street parking issue and I didn't know if you were -- Turnbull: What was the -- Nary: Well, Site Specific Condition No. 18, net density, the staff comment here is the 3.93 or the 3.39, but it's actually -- 3.39 is actually 5.83. Meridian City Council Meeling July 16, 2002 Page 35 of 89 Turnbull: Well, what the staff requested was a setback -- typically as a developer when you express density you take the overall boundary and count the number of lots and just do a simple division. Staff requested that we go back through and I think what they do is take out all the right of ways and all the streets, all the parks, and so forth and that's a separate what they call a net density calculation. It's not something that we typically use on the development side, but it's just -- so we provided that. They asked for it, so we provided that figure. So there is no issue there at all with that, I don't think. Nary: What about the issue on the parking in the alley where the -- the request from the fire department was -- Turnbull: We are happy to sign both ends of the alley no parking, plus fire lane access. Nary: Okay. Corrie: And the pathway five foot width? Turnbull: Well, we have no pathways. All of the sidewalks are detached. There will be four foot sidewalks. I think what Shari's comment was was if there was a separate pathway that it be five feet, but there are none, so I don't think it's an issue. Corrie: Okay. Any other questions from Council? Thank you. Turnbull: Thank you. Corrie: Okay. Any discussion from Council before I entertain a motion for final plat? Hearing none, I will entertain a motion on the final plat request. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I'm going to move the approval of final plat for FP 02-014, the final plat approval for 82 building lots and 6 other lots on 24.21 acres in an R-8 zone for Heritage Commons Subdivision by Brighton Corporation, pursuant to the staff comments of July 11th, as well as all the modifications requested by the developer dated in their staff comments -- or their position statement of July 16, that Site Specific Condition No, 6, the right-of-way width for alleys be deleted, that we believe that a 16 foot right of way is ACHD's requirement, that Site Specific Condition NO.7 also be deleted, changing the frontage, just a slight modification on the preliminary plat; that Site Specific Comment No.8, Block 11 -- let's see. That that also be deleted pursuant to the -- pursuant -- I'm sorry. I guess I'll scoot up. That pursuant to the developer's position statement, Condition No.8, Block 11, be deleted. Construction fencing, I think they were both in agreement; is that right? And number three, the planting and landscape plan -- I guess I don't see the point -- I think bonding for it as required with the condition regarding weather is adequate. I don't see this is a significant problem with the plan from what we Meridian City Council Meeling July 16, 2002 Page 36 of 89 reviewed in the preliminary plat, but if you want to follow, I don't see a problem of following it with the developer's request in that particular one. It appears we are all in agreement on Condition 18, number three, of the general requirements; number 9 of the general requirements, and the developer is in agreement that the staff requested that they -- in general -- the fire department requirement number seven, that they sign both ends of the alleys that there is no parking and they be designated fire lanes, so we make sure the fire department will have access and I think that was all the comments and for council to prepare Findings of Fact and Conclusions of Law and Decision and Order. Bird: Second. Corrie: Motion has been made and seconded with the approval with conditions set forth in the motion. Any further discussion? Hearing none, roll-call vote, Mr. Berg. Roll-call vote: McCandless, aye; Nary, aye; DeWeerd, aye; Bird, aye. Corrie: Okay. All ayes. Motion is approved MOTION CARRIED: ALL AYES. Item 17: TE 02-003 Request for Time Extension for filing the final plat for Waltman Court Subdivision by John Goade -- south of Troutner Business Park, between Waltman Lane and Ten Mile Road: Corrie: Item No. 17 is a request for time extension for final plat for Waltman Court Subdivision by John Goade, south of Troutner Business Park, between Waltman Lane and Ten Mile Road. Staff. Stiles: Mr. Mayor and Council, this is for the property that we hope to have Corporate Drive extend through to eventually cross the Ten Mile Creek and be connected to Green Head and also to Waltman Lane. The applicant has requested a time extension on this. The one year filing time period for the final plat. Staff would recommend approval to July 3rd, 2003, with all existing conditions of approval. Corrie: Okay. Is the Waltman Court Subdivision representative here tonight? Council, do you have a request extending time -- I'll entertain a motion on the request. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I would move that we grant the request for a time extension for filing the final plat by Waltman Court Subdivision by John Goade, south of Troutner Business Park, between Waltman Lane and Ten Mile Road, until July 2nd, 2003, with staff conditions. Meridian City Council Meeting July 16. 2002 Page 37 of 89 McCandless: Second. Corrie: Okay. Motion has been made to approve the request for time extension. Any further discussion? Roll-call vote, Mr. Berg. Roll-call vote: McCandless, aye; Nary, aye; DeWeerd, aye; Bird, aye. Corrie: Okay. All ayes. Motion is approved. MOTION CARRIED: ALL AYES. Item 18: Public Hearing: VAR 02-007 Request for a Variance for reduced setback from ten feet to five feet on the side of a home with a dormer on the second level by KW Homes - Lot 28 Block 4 of Packard Estates No. 3,2641 E. Bernice Dr.: Corrie: Item 18, 19, and Item 20 are Public Hearings. This is -- no. I'm sorry. We got 18 yet to do. I'm sorry. This is a request for a variance for a reduced setback from ten feet to five feet on the side of a home with a dormer on the second level by KW Homes, lot 28, Block 4 of Packard Estates No.3, 2641 East Bernice Drive. At this time I will open the Public Hearing on the request for a variance and staff comments first. Stiles: Mr. Mayor and Council, this property came to our attention several months ago. The property had been built not according to plans, which required a lot line adjustment to meet the minimum setbacks. They had reached an agreement with the adjoining property owner to do the lot line adjustment and apparently money exchanged hands, but no document was ever recorded. Since that time both properties or one of the properties had changed ownership, maybe both of them, ['m not sure, but, nevertheless, there was never a lot line adjustment to -- so they could meet the minimum setback requirement. If you can see, I believe it's on your computers, that shows a picture of the existing home, the dormer on the -- that would create the two stories was not shown on the approved plans. Staff does not feel this application meets the requirements for a variance, as there are -- none of the conditions exist that would warrant a variance. It was all due to conditions created by the applicant. So our request is to deny this variance request. Thanks. Corrie: Okay. Any questions for the staff at this point? Bird: I have none right now. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Mrs. Stiles, how did they get a certificate of occupancy? Meridian City Council Meeting July 16. 2002 Page 38 of 89 Stiles: You have a letter from Daunt Whitman, the building official, in your packets. Nary: On the computer packet? Stiles: I think so. It's dated June 6. Daunt Whitman states the certificate of occupancy for KW Homes was issued based on the information provided that the land purchase had taken place. Nary: Thank you. Sorry. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: So at that time Daunt didn't ask for proof of that when the occupancy was granted? Stiles: Not that I'm aware of, no. Corrie: Any other questions? Okay. This is a Public Hearing. Do we have -- the applicant can testify first. We have five minutes and then anybody that wants to testify on the Public Hearing has three minutes to give their part and we will time and we will cut you off at five and three minutes. Okay. Is the applicant here this evening? 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? Wang: Yes. Corrie: Name and address, please, for the record. Wang: My name is Kent Wang. On the plan to approve for the dormer, on the plan exactly got approved for it, the dormer, but-- Nary: Excuse me. Could you give your name and address again? Wang: 2146 East Bernice Drive. I forgot to bring the floor plan here tonight. On the side there is supposed to have a notice of ten feet, you know, setback for the property line, but when they come to -- the framer do the framing and the truss -- the truss company and when they deliver the truss, it had another five feet and I didn't know that until after the framing done and I -- at that time, you know, I go and talk to the builder next door, John Conner, to buy the five feet and to have the 10 feet to meet the city -- you know, but at that time we exchange the check and I forgot to go down to the city to record it and ask for -- to obtain a judgment and I make a mistake, you know, and it won't happen again and I hope the city, you know, approve for my request. On the plan they do have a five -- you know, a dormer on that plan. Meridian City Council Meeting July 16, 2002 Page 39 of 89 Corrie: Okay. Any questions from Council? Nary: Mr. Wang? Wang: Yes. Nary: I guess I saw our building inspector said it doesn't show, but it did show that on the -- Wang: It did show on the blueprint, you know, the five by six dormer. No, one -- just half that, but when the truss company build the truss they, you know, make a mistake or another four feet for me, so I have enough room to make another, you know, full bath in there, so I just add another full bath on the dormer, but -- Nary: When did you have the transaction to purchase that other property? Wang: At sometime last year July, but I forgot about, you know, to record it, the time I change the agreement with the builder John Conner, to by the five feet from him. Nary: You gave -- according to this application, Mr. Wang, you gave this person money to buy that five feet of property and now what you're telling us is you forgot to go get a deed and record it? Wang: Yes, Yes. And he never been recorded -- the deed to -- and I never go to record the deed, too, so when the house -- I sold and he sold and then he -- you know homeowner want the five feet back, just because I forgot to record, you know, the deed for the five feet. Nary: And are you suing him for that or-- Wang: 1'm not suing him, no. Well, I can get the very end the five feet, you know, but -- okay for a dormer. Nary: So you want us to fix this problem that you messed up? Wang: Yes. Nary: But you're not taking any action against the person you paid money to buy property to fix the problem? Wang: I think they get a lawyer to sue my homeowner. I think by Idaho law, I'm not sure, but my friend tell me there is no way I can have a chance to win the case. Nary: Do you have a lawyer? Wang: No. My homeowner have a lawyer. Meridian City Council Meeting July 16. 2002 Page 40 of 89 Nary: So you're just -- you built this house? Wang: Yeah. Nary: And you sold it. Wang: Sold It to them. Nary: So now if we don't approve this, you got to go tear that out and rebuild their wall? Wang: That's the last chance, but I hope with the dormer -- right now in the same subdivision in Packard Estates have one house, same thing, have a dormer, five feet, right near by the property line and they do get a. -- you know, get an occupancy permit to -- I make mistake, you know, I should record that deed, but, you know, I just ask for one chance. Won't happen again. Corrie: Any other questions? Bird: I have none. Corrie: Okay. Thank you. Is there anyone that would like to issue testimony on this variance request? Okay. Hearing none, Council, any other questIons for staff on the record for the Public Hearing? De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd; Gary or Shari, was this caught at the framing inspection or at final inspection? Stlles: The memo dated June 6 says it was caught at the framing inspection. De Weerd: And the applicant was told at that time and that's when you purchased the property and -- Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: ThIs other one that he's made reference to in Packard Estates Lot 2 Block 1, what was that about? I don't know anything about it. Stiles: I'm not aware of anything either. Meridian City Council Meeting July 16, 2002 Page 41 of 89 Nary: Okay. I guess we haven't closed the Public Hearing. Mr. Wang, do you have more information about this Packard Estates Lot 2 Block 1 variance you say that was granted by the Council? Wang: One of my realtor lady tell me that you have one in the middle of the phase that they call middle the room for one house is only five feet setback with a dormer and another thing on the final framing inspector, I never had any note about a dormer too close to the property line on June 15 -- whatever she's gone on common -- if I could catch onto June 16, you know, I do just move back to five feet, you know, take out the soaking tub will still meet the -- you know, the property line. But I never have any on the -- you know, note. The inspector never leave any note, you know, say too close to the property line. De Weerd: So you're saying it was the framing inspection that the note wasn't made? Wang: Never had any not -- nothing note to me saying I need to meet the, you know, ten feet. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Mr. Wang , so you're saying that -- what Mr. Whitman's telling us is that he told you that this was too close and you -- stop. Is that what you just said? Wang: When you tell me to stop -- the framing inspection. Nary: No. I understand that. He told you, though, it was too close to the property line? Wang: Nobody. Nary: Okay. Why did you go buy the five feet from the neighbor? Wang: Because somebody tell me I need to meet the five -- I need ten feet to meet the dormer. Nary: Who was that somebody? Wang: Just, you know, some builder there in the subdivision. They said, oh, usually they require ten feet to meet the -- you know -- Nary: So you never told Mr. Whitney that you would purchase that property, that transaction was happening, and you would do a property line adjustment? You never told him any of that? Wang: I don't tell anybody at that time. Meridian City Council Meeting July 16, 2002 Page 42 of 89 Nary: So he's lying in this letter to us? Is that what you want us to believe? Wang: Okay. All I remember at that time is when [ got frame inspection, right? I don't get collection on the note. I know on the building -- on the blueprint they require ten feet, but I'm -- my mistake if you go to -- the truss company deliver the truss -- this five by -- six by ten, six by nine, that's to prove the six, but later on the truss company deliver a truss that's six by ten -- six by nine, that's four feet exactly, you know, four feet too long, you know. Nary: So, Mr. Wang, instead of correcting the problem or requesting a variance, you tempted to buy the property, though? Wang: Correct. Nary: All rig ht. Wang: Going back to July, yeah, I know I made a mistake that time, so I go and try to get the five feet from the next door -- the next builder. Nary: And you have told us you did that, you made that transaction? Wang: Told the lady sometime August. I think August or September. I just can't remember the time, because I had another job I worked for a restaurant or just get too busy and forgot to record it. Nary: And so -- well, you're saying you forgot to record it, that tells me you have a deed that you can record, What you said before is you don't even have a deed. Wang: That's right. That's why I tell to give the -- buy the money to build -- I gave him a check. Nary: And you got nothing. Wang: And we record -- no, we just -- you know, I haven't change papers saying, you know, his name and my name and he will to sell me the feet, you know, on the-- Nary: Okay. I just want to understand what you did. So you gave this guy money, you got no deed for it, you didn't record it, but you framed the house up anyway and sold it? Wang: No. I framed it long before. You know, I frame it long before, you know, can't wait. Nary: And when you did that you knew that it was a violation of an ordinance. Meridian City Council Meeting July 16, 2002 Page 43 of 89 Wang: Yes. No. After our framing done, everything done, I know and that's why I go ahead and go buy the five feet. But after I buy five feet I forgot to take out to city and record the deed and get a -- obtain a judgment. Nary: And your only evidence that we had granted some variance of that before is a realtor friend of yours told you some other house in Packard Estates had variance granted? Wang: I not sure granted or not, but I know that one house in there only have five feet setback just like mine with a dormer. Nary: Mr. Wang, realtors tell people all kinds of stuff and they are not always accurate. You never checked, you never did anything, other than just take the person's word for it? Wang: I trust them. Nary: It sounds like they trusted you to take care of the problem before you were here. Bird: Mr. Wang? Mr. Mayor? Corrie: Mr. Bird. Bird: Mr. Wang, you say from the other builder you gave him a check and he gave you a receipt stating that this property -- Wang: It's a realtor help us print out paper saying his name John, you know, Conner Construction and he sell five feet of the property, you know, from Lot 27 to my name Kent Wang, KW Home on the Lot 28, you know, five feet. So I buy him -- you know, I sign the paper and I give him a check, but, you know, I just forgot to record it and get a deed from him. Bird: And you are KW Homes? You are a builder, then? Wang: Yes. I have the home -- he allow me to -- everybody make mistake, you know. AliI ask is just one chance. It won't happen a second time in my life. Corrie: Okay. Any other questions? Okay. Thank you. Okay. Any other questions before we close the Public Hearing? If not, I'll entertain a motion to close the Public Hearing. McCandless: Mr. Mayor, so moved. Nary: Second. Corrie: Motion made and second to close the Public Hearing. Any further discussion? All in favor say aye. All ayes. Motion carried. Meridian City Council Meeting July 16, 2002 Page 44 of 89 MOTION CARRIED: ALL AYES. Corrie: Discussion? Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: If I understand all of Mr. Wang's testimony, he's a builder, he builds a house, somebody told him that it was too close to the property line, our building inspector said it wasn't him, he says it was somebody, he doesn't know who it was; he knew the trusses were too long, he built it anyway, he framed it up anyway and bought property from the next door neighbor for 2,650 dollars, which he never got a deed for, never recorded it, and he doesn't do anything about that at all, sold the property to somebody else, who now is stuck with this and he'd like us to fix it. I'm sorry, I don't see that we are obligated to fix it. I think Mr. Wang made this from one chocolate mess to another and he needs to fix it. I don't think we need to vary our ordinance because Mr. Wang botched this from the get go on how this was done and now wants no responsibility for it, except for us to vary our ordinance for his benefit. I just can't see what in the world we would do to grant something like that. We have been very strict on granting the variances and there is no reason to do this just because all we would be doing is encouraging Mr. Wang or anybody else to do whatever they wanted, mess it up poorly, and then and come say vary your ordinance to make it fit for me. But I'd like to see what everyone else has to say. Corrie: Further discussion? Nary: Maybe someone has a different perspective than I have. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I guess I have a little different perspective. When you look at the integrity of our ordinance on variances, I just can't see anything in here that meets the ordinance to grant a variance and that's what it comes down to. I know this puts the homeowner is a real awkward situation, but this is something that the builder is going to have to rectify and he will have to find that builder and find a way to do it. It doesn't meet the intent of our variance ordinance and that's what we have tried to consistently base our decisions on. However, we empathize with the homeowner. We have to -- we have to go by our ordinances, so -- Corrie: Any further discussion? Bird: I have none. Meridian City Council Meeting July 16, 2002 Page 45 of 89 Corrie: I'll entertain a motion for the request for variance. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: That's what I mean that Council Member de Weerd said. I would move that we deny the request for variance for a reduced setback from ten feet to five feet on the side of the home with a dormer on the second level by KW Homes on Lot 28, Block 4 of the Packard Sub No.3 and for our council to prepare Findings of Fact and Conclusions of Law and Decision and Order to that effect. Bird: Second. McCandless: Second. Corrie: Okay. I heard a couple seconds. Motion made and seconded. Any further discussion? Role-call vote, Mr. Berg. Roll-call vote: McCandless, aye; Nary, aye; DeWeerd, aye; Bird, aye. Corrie: Okay. MOTION CARRIED: ALL AYES. De Weerd: Mr. Mayor? Corrie: Yes, Mrs. de Weerd. De Weerd: Can we take a five minute break? Corrie: Okay. Let's come back here at five minutes until nine and we will adjourn until that time. (Recess, ) RECONVENED At 9:01 P.M. Item 19: Public Hearing: AZ 02-004 Request for annexation and zoning of 127,74 acres from RUT to C-G, L-O and R-4 zones for proposed Sutherland Farm by Sutherland Farms, Inc. - east of South Eagle Road and north of East Victory Road: Meridian City Council Meeling July 16, 2002 Page 46 of 89 Item 20: Public Hearing: PP 02-004 Request for Preliminary Plat approval of 308 building lots and 30 other lots on 127.64 acres in proposed L-O, C-G and R-4 zones for proposed Sutherland Farm by Sutherland Farm, Inc. - east of South Eagle Road and East Victory Road: Item 21: Public Hearing: CUP 02-005 Request for a Conditional Use Permit for a Planned Unit Development for residential, commercial and office park development for Sutherland Farm by Sutherland Farm, Inc. - east of South Eagle Road and north of East Victory Road: Corrie: All right. I will reopen the City Council meeting. The Public Hearing next is three public hearings on Sutherland Farms. One is for a request for annexation and zoning and one is for the preliminary plat and the other is a request for a Conditional Use Permit for the Planned Unit Development. I will open all three of the public hearings at one time. Your testimony can be for all three or where ever you want to go on that. To save some time I have one, two, three, four, five, six, seven, eight, nine signed up against, I don't have any signed for, but we will do the same rules as before, since there are three things here we will give the developer five minutes on each one if he needs it, if they don't that's fine. You'll have three minutes on the for or against testimony. So at this time I will open the Public Hearing on Items 19, 20, and 21 and staff comments first. Stiles: Mr. Mayor and Council, this is for property that's immediately south of the Sundance -- or Silverstone Subdivision. It's east of Thunder -- or Thousand Springs Subdivision. It extends to Victory on the south and the Ridenbaugh Canal is adjacent to the a portion of it on the north. The property north of the Ridenbaugh Canal here is not proposed as part of a Conditional Use Permit. What they are thinking is is that when this 80 acres develops adjacent to Silverstone, that it's likely that this could be included as part of that development or may be even included as part of the Silverstone development at some point, but they don't have any immediate plans for this commercial portion. They would propose a pathway along the Ridenbaugh Canal. We do show in our existing Comprehensive Plan that the Ridenbaugh Canal is a multiple use pathway. They are proposing office uses adjacent to Eagle Road in this area and then they have some townhouse lots, alley loaded lots, in the -- this is a regular public street I believe here adjacent to townhouse lots. They are showing some open space here. A pond feature with open space. There are five acre lots or more adjacent to them in the southern -- south of the property and also in this area. They have been -- they have made changes since the initial application to try to address some of the neighbors' concerns. They have submitted an agreement with the -- one of the property owners adjacent to them, Mr. Gale Sasser -- I don't know if I'm saying that right. Do you have that in your packets? Do you have that on your computer about the memorandum of understanding? The applicant had agreed to a restriction for single story homes on Lots 12, 13, and 14 of Block 9 and Lots 5 and 6 of Block 9, The Planning and Zoning Commission also recommended that an eight foot cedar fence be built along the entire length of the western and northern property boundaries. I believe that's of the Sasser property. I think that needs some explanation. Eight foot fences are prohibited in all residential zones, so I guess if the Council wanted to approve that as part of the Meridian City Council Meeting July 16, 2002 Page 47 of 89 Conditional Use Permit they should consider that specifically in the Conditional Use Permit. And also agreed to extensive landscaping with a mixture of evergreen and deciduous trees. That could be misinterpreted and maybe needs some additional clarification of what consists of a dense mixture. It says they will work together to develop a mutually acceptable landscape plan. The applicant has also agreed to an increased rear setback of 30 feet for Lots 2, 3, 4,5,6,7, and 8 of Block 9. This planned development will provide a variety of housing types. The applicant has removed some of the lots that were initially shown adjacent to the park area to create a better view corridor and to make it more open and more accessible to all residents within the subdivision. They propose a bridge over the Ridenbaugh Canal. Ada County Highway District will require bonding for construction of that prior to signature on the final plat. I'm not sure if their bonding requirements were for half of the cost of that or for three-fourths of the cost of that, since they do have property to the north of the Ridenbaugh Canal. Maybe Gary Lee would be able to answer that. They will need to provide -- and I believe it's shown on the plat -- with the temporary turnarounds at these stubs that are over 150 feet in length. They would be coming back in -- and Gary can correct me if I'm wrong on that -- about the Conditional Use Permit. They have only come in with a conceptual plan on the office uses at this time. They would need to come back at a later date to do a detailed Conditional Use Permit for a planned development for the office uses. However, the commercial uses north of the Ridenbaugh Canal are not proposed to be part of the planned development and would be zoned separately. It's a little hard to see. It's real faint on the scanned document that we have for the plat. They are showing their landscape areas. They have extensive landscaping along what would be a collector type roadway going through here. In the future they are proposing that the road that has been extended in Silverstone would be extended north through this property to extend to the other parcel on the east. The staff recognizes the effort that the applicant's representative has made in trying to accommodate the neighbors. It's always hard when you come up to rural residential subdivisions that are five acre lots and provider urban densities, but it's just not cost effective to try to develop with sewer and water with five acre lots in an urban area of impact. It's a waste of property. I can empathize with the people that have those lots and I'm not sure how many of them are here again tonight, but hopefully that this can be designed and constructed and have adequate buffers between the densities that will be acceptable to the neighbors. We would ask that this project be approved for annexation and zoning and preliminary plat and Conditional Use Permit for a planned development with the staff and agency conditions and the recommendations with the Planning and Zoning Commission. Corrie: Okay. Any questions at this time? Bird: I have none. Corrie: Okay. Is the applicant here this evening? Is the testimony you're about to give the truth, the whole truth, and nothing but the truth, so help you God? Lee: Yes, it is. Meridian City Council Meeting July 16, 2002 Page 45 of 89 Corrie: I'll entertain a motion for the request for variance. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: That's what I mean that Council Member de Weerd said. I would move that we deny the request for variance for a reduced setback from ten feet to five feet on the side of the home with a dormer on the second level by KW Homes on Lot 28, Block 4 of the Packard Sub NO.3 and for our council to prepare Findings of Fact and Conclusions of Law and Decision and Order to that effect. Bird: Second. McCandless: Second. Corrie: Okay. I heard a couple seconds, Motion made and seconded. Any further discussion? Role-call vote, Mr. Berg. Roll-call vote: McCandless, aye; Nary, aye; DeWeerd, aye; Bird, aye. Corrie: Okay. MOTION CARRIED: ALL AYES. De Weerd: Mr. Mayor? Corrie: Yes, Mrs. de Weerd. De Weerd: Can we take a five minute break? Corrie: Okay. Let's come back here at five minutes until nine and we will adjourn until that time, (Recess.) RECONVENED At 9:01 P.M. Item 19: Public Hearing: AZ 02-004 Request for annexation and zoning of 127.74 acres from RUT to C-G, L-O and R-4 zones for proposed Sutherland Farm by Sutherland Farms, Inc. - east of South Eagle Road and north of East Victory Road: Meridian City Council Meeting July 16, 2002 Page 46 of 89 Item 20: Public Hearing: PP 02-004 Request for Preliminary Plat approval of 308 building lots and 30 other lots on 127.64 acres in proposed L-O, C-G and R-4 zones for proposed Sutherland Farm by Sutherland Farm, Inc. - east of South Eagle Road and East Victory Road: Item 21: Public Hearing: CUP 02-005 Request for a Conditional Use Permit for a Planned Unit Development for residential, commercial and office park development for Sutherland Farm by Sutherland Farm, Inc. - east of South Eagle Road and north of East Victory Road: Corrie: All right. I will reopen the City Council meeting. The Public Hearing next is three public hearings on Sutherland Farms. One is for a request for annexation and zoning and one is for the preliminary plat and the other is a request for a Conditional Use Permit for the Planned Unit Development. I will open all three of the public hearings at one time. Your testimony can be for all three or where ever you want to go on that. To save some time I have one, two, three, four, five, six, seven, eight, nine signed up against, I don't have any signed for, but we will do the same rules as before, since there are three things here we will give the developer five minutes on each one if he needs it, if they don't that's fine. You'll have three minutes on the for or against testimony. So at this time I will open the Public Hearing on Items 19,20, and 21 and staff comments first. Stiles: Mr. Mayor and Council, this is for property that's immediately south of the Sundance -- or Silverstone Subdivision. It's east of Thunder -- or Thousand Springs Subdivision. It extends to Victory on the south and the Ridenbaugh Canal is adjacent to the a portion of it on the north. The property north of the Ridenbaugh Canal here is not proposed as part of a Conditional Use Permit. What they are thinking is is that when this 80 acres develops adjacent to Silverstone, that it's likely that this could be included as part of that development or may be even included as part of the Silverstone development at some point, but they don't have any immediate plans for this commercial portion. They would propose a pathway along the Ridenbaugh Canal. We do show in our existing Comprehensive Plan that the Ridenbaugh Canal is a multiple use pathway. They are proposing office uses adjacent to Eagle Road in this area and then they have some townhouse lots, alley loaded lots, in the -- this is a regular public street I believe here adjacent to townhouse lots. They are showing some open space here. A pond feature with open space. There are five acre lots or more adjacent to them in the southern -- south of the property and also in this area. They have been -- they have made changes since the initial application to try to address some of the neighbors' concerns, They have submitted an agreement with the -- one of the property owners adjacent to them, Mr. Gale Sasser -- I don't know if I'm saying that right. Do you have that in your packets? Do you have that on your computer about the memorandum of understanding? The applicant had agreed to a restriction for single story homes on Lots 12, 13, and 14 of Block 9 and Lots 5 and 6 of Block 9. The Planning and Zoning Commission also recommended that an eight foot cedar fence be built along the entire length of the western and northern property boundaries. I believe that's of the Sasser property. I think that needs some explanation. Eight foot fences are prohibited in all residential zones, so I guess if the Council wanted to approve that as part of the Meridian City Council Meeting July 16, 2002 Page 47 of 89 Conditional Use Permit they should consider that specifically in the Conditional Use Permit. And also agreed to extensive landscaping with a mixture of evergreen and deciduous trees. That could be misinterpreted and maybe needs some additional clarification of what consists of a dense mixture. It says they will work together to develop a mutually acceptable landscape plan. The applicant has also agreed to an increased rear setback of 30 feet for Lots 2, 3, 4, 5, 6, 7, and 8 of Block 9. This planned development will provide a variety of housing types. The applicant has removed some of the lots that were initially shown adjacent to the park area to create a better view corridor and to make it more open and more accessible to all residents within the subdivision. They propose a bridge over the Ridenbaugh Canal. Ada County Highway District will require bonding for construction of that prior to signature on the final plat. I'm not sure if their bonding requirements were for half of the cost of that or for three-fourths of the cost of that, since they do have property to the north of the Ridenbaugh Canal. Maybe Gary Lee would be able to answer that. They will need to provide -- and [ believe it's shown on the plat -- with the temporary turnarounds at these stubs that are over 150 feet in length. They would be coming back in -- and Gary can correct me if I'm wrong on that -- about the Conditional Use Permit. They have only come in with a conceptual plan on the office uses at this time. They would need to come back at a later date to do a detailed Conditional Use Permit for a planned development for the office uses. However, the commercial uses north of the Ridenbaugh Canal are not proposed to be part of the planned development and would be zoned separately. It's a little hard to see. It's real faint on the scanned document that we have for the plat. They are showing their landscape areas. They have extensive landscaping along what would be a collector type roadway going through here. I n the future they are proposing that the road that has been extended in Silverstone would be extended north through this property to extend to the other parcel on the east. The staff recognizes the effort that the applicant's representative has made in trying to accommodate the neighbors. It's always hard when you come up to rural residential subdivisions that are five acre lots and provider urban densities, but it's just not cost effective to try to develop with sewer and water with five acre lots in an urban area of impact. It's a waste of property. I can empathize with the people that have those lots and I'm not sure how many of them are here again tonight, but hopefully that this can be designed and constructed and have adequate buffers between the densities that will be acceptable to the neighbors. We would ask that this project be approved for annexation and zoning and preliminary plat and Conditional Use Permit for a planned development with the staff and agency conditions and the recommendations with the Planning and Zoning Commission. Corrie: Okay. Any questions at this time? Bird: I have none. Corrie: Okay. Is the applicant here this evening? Is the testimony you're about to give the truth, the whole truth, and nothing but the truth, so help you God? Lee: Yes, it is. Meridian City Council Meeting July 16, 2002 Page 48 of 89 Corrie: Name and address for the record, please. Lee: My name is Gary Lee with JUB, 250 South Beachwood in Boise, representing the applicant Sutherland Farms. I think Shari has done a pretty good job of explaining the project. I just wanted to briefly go over some of the highlights of the application request. The total plot here is 128 acres, roughly, and the C-G zone that we are requesting of about 11 acres lies just north of the Ridenbaugh Canal as currently adjacent to existing city limits and a C-G zone there for Silverstone. The rest of the site is proposed to be R- 4 with a PUD that's 116 acres. Of that PUD area we have about 97 acres in residential and about 19 and a half acres of office and we threw in multi-family, because it's a little unknown at this time as exactly what we are going to do with that area, but we wanted to allow some uses in there for future expansion for L-O type uses and maybe some multi-family. So any discussion with staff they thought a PUD might be the way to go and then as part of our development agreement we will agree to conditional use applications for that site that lies west of the residential area. In addition, we needed to come up with some estimates for the traffic counts when we do our traffic analysis for a presentation to ACHD and as part of our application under the CUP we developed a preliminary site plan of that area and devised some building footprints, we are assuming they are two story buildings, then we added parking stalls to that and then generated our traffic counts, so you have kind of a base map to work with in the future and not have a surprise on a traffic issue. Same thing applied to the commercial general use area to the north. We did some preliminary layouts for that as well trying to come up with some reasonable number. But both of those areas will come back to you for a Conditional Use Permit. The landscaping we provided about 13,8 acres total, 12 and a half -- or about 12.2 is part of the area that's not street buffer and counts about ten and a half percent of the total size to meet the PUD requirement. As Shari mentioned, we did enhance the site with a neighborhood park that's about four acres in size and included the city's pathway along the Ridenbaugh Canal. Through the preliminary plat review process there were some concessions made. We eliminated some lots near the open space in the center of the site just below the pond area. They had four lots there -- fairly sizeable lots. We took those out at the suggestion of staff and we didn't lose the count, but we added them to the area just to the west, so our overall density stayed the same. Speaking of that, we got about a three unit to the acre density on this project, so it's not that high for an R-4 zone. We added some micropaths through a couple of the blocks at the staff suggestion easterly of that common open space neighborhood park. And there were some discussions with Mr. Sasser on his five acre piece, which is a parcel that fronts on Victory Road. He's the gentleman that's building quite a sizeable home right now and fairly high value and our client decided it was -- there was interest to work with him and develop some landscape schemes and try to do some things there that would help mitigate impacts on his property, mainly because his house sits so close to the property line adjacent to us. Unlike some of the others along the Los Altos Subdivision, those homes sit back quite a bit further and they have some extensive landscaping available there already. There is just a couple issues on the staff recommendations I wanted to briefly discuss with Council and the first one is on the preliminary plat condition number 21 and that's on page three of the preliminary plat document. Item 12. It talks about -- excuse me. It's not 12. Item 21 on the restrictions. It Meridian City Council Meeting July 16, 2002 Page 49 of 89 includes language that says restrictions shall include single story, as well as peak height of 25 feet or less on those lots and block adjacent to the border of the project. We have an opportunity out here to build some basements, we have very low groundwater conditions and we have some deep sewers and we'd like to maybe modify that condition to say not to exceed peak height of 25 feet and just scratch the single story portion of it if that would be acceptable to the Council. I think the effect is the same. The idea was to keep the building height low. So that would help us out on some multi-story units that could possibly go in there. Also on item 12 of the preliminary plat -- I got out of sequence here. It talks a little bit about the phasing of the development and the last sentence in there I'd like to request that it be deleted. What it says is all development -- all development, however, must be contiguous to a previously improved phase. Because of the physical constraints on this site, we are going to start our phasing of the residential development in Victory Road and move northerly and the reason for that is there is a working horse ranch that lies kind of in the north long east-west portion of the property and the piece below that -- if I had a pointer I'd show you. I'll just go point to it right now. That portion that I just pointed to is an area that they feel they can start with and still keep their ranch operating in the meantime. We have got three phases planned for that area, phase one, two, and three, and we'd like to start there with our development and go through the residential portion of it first. However, we still -- depending on what the market does in the next few years for commercial retail multi- family, there may be a need or a buyer come along that wants to do something with that commercial area and if we decide to take phase four up north of the canal it won't be contiguous with phase three. We'd like a little flexibility there to construct that sentence in there to where we wouldn't have to go contiguous with a previous phase. It would help us out in our marketing scheme. So you know, the -- in order to develop that first phase we have to extend sanitary sewer from Silverstone -- Silverstone Subdivision and it's quite an extension, probably 1,500 to 1,800 feet. So we are going to have some major infrastructure in place just to get to phase one. We also have to extend the water from Eagle Road down what is known as Easy Jet Drive with a preliminary plat about a quarter mile into that development. So we are going to have a lot of that already in place, so that the city shouldn't have to worry about future phases continuing onto the north. The bridge issue Shari touched on briefly that crosses the Ridenbaugh and what we have agreed to with the Highway District is when we come into develop that phase that's adjacent to that bridge for that stub street, which I think is Knapp Avenue, we have agreed to develop this and to acquire construction bids for that crossing. And ACHD will determine a letter of credit amount that we will have to post with them to pay for our share. Now there wasn't any firm discussions on what our share is, but we expect it's going to be half. But whatever the number is we will have to deal with that with the Highway District. So that money will go into an account. When the property due north of us develops, then they will throw in their share of the bridge and it will be constructed and that way the connection north to Overland Road will be complete in the future. I touched on the CUP for the office area that Shari had mentioned and I just wanted to reiterate on that commercial use north of the Ridenbaugh Canal, that being a C-G zone and we did have some lots designated on our preliminary plat and I think we had five lots in there. We'd like to keep that lot count. It may -- the lots mentioned may move around a little bit based on the uses in the future. But, again, it will be a Meridian City Council Meeting July 16, 2002 Page 50 of 89 Conditional Use Permit for the Council. So with that I would conclude and if you have any questions I would be glad to answer those or I could answer them after other testimony. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Mr. Lee, what is that? What is that piece there? Lee: The north-south piece that you're pointing to that is the wider -- Nary: Yes. Lee: That will be a public street that connects to Copperpoint Way. Nary: That's a stub and this is -- Lee: And that's a common access driveway for those five lots. Nary: There is no stub -- this is just a stub now and there is no other access at this point to these lots, except from -- well, there isn't one. This is a canal; right? Lee: Right. Nary: There will be no access at all. Lee: There will be when that stub street goes through north on the east side. Way over on the east. Yeah. Right there. Nary: Okay. Lee: It will be contiguous there. Nary: That's the issue with the bridge. Okay. And then is there -- is there something up -- this is where the Silverstone is. Where does this stub street -- does it stop right on the other side of the stub street on that end or something or -- Lee: That's the very east end of Copperpoint Way in the Silverstone plat. Nary: Okay. Lee: So it connects to that right of way. Nary: Okay, Meridian City Council Meeling July 16, 2002 Page 51 of 89 Lee: And that road, by the way, is slated to continue on east and it will intersect with Knapp Lane at the mid mile section, so we have an east-west road and a north-south road. Nary: Okay. Thank you. Corrie: Any other questions? Okay. Thank you. Lee: Thank you. Corrie: Okay. This is a Public Hearing. I'll remind you, you have three minutes. Is there anyone here for the project to testify? Okay. We have some signed up that are against. I'll go down the list here. Mark Azakowski? Is he here? Azakowski: I have nothing to say at this time. Corrie: All right. How about Nancy Hilton? Cassie Shelton. Is the testimony you're about to give the truth, the whole truth, and nothing but the truth, so help you God? Shelton: Yes. Corrie: Okay. Your name and address for the record, please. Shelton: My name is Cassie Shelton and I'm a homeowner at 2934 South Goshen Way, which is in the Muir Wood Subdivision located right there. Yeah. I'm to the east. Yeah. To the east of this neighborhood. It's been brought to my attention in recent meetings with -- I believe it's been the Ada County Highway District and other entities that we, as a neighborhood association, would like to blockade that entrance from our entrance into their neighborhood, Sutherland Farms -- right there. With posts or some sort of barrier, because what's going to happen is if there aren't any sort of protective measures taken, one street, Muir Ridge Drive, I believe, will get all of the construction traffic and whatnot for that whole neighborhood until it's been developed and the construction workers can make and forge their own gravel pathway, usually new neighborhoods that are constructed have a gravel entrance. I know ours currently does right now. That's not an official entrance, but it's kind of a gravel path that the construction workers use, What's going to happen is that that's not blocked off right there, at least until the neighborhood is done, our entrance -- the entrance to our neighborhood Muir Woods is going to have all of the construction traffic and everything until traffic patterns are in place, I guess, and I believe that it was the ACHD's recommendations that protective measures be placed there until the final phase was completed of this neighborhood and I wanted to just make sure that that was in whatever note it is that you're looking at, because previously that wasn't mentioned, so -- that's all. Corrie: Thank you. Dave Barclay. Is the testimony you're about to give the truth, the whole truth, and nothing but the truth, so help you God? Meridian City Council Meeting July 16. 2002 Page 52 of 89 Barclay: Yes. Corrie: Name and address for the record. Barclay: My name is David Barclay. We own the property at 3465 Victory, right at the entrance to your proposed subdivision. Several years ago we purchased the five and a half acre plot there with the desire to -- there was an existing home and we wanted to build an additional home, one for my wife and I and have our daughter and her husband and our grand children live in the existing home. Silly me. I found out that this was not permissible under your zoning laws and now from my perspective it is very frustrating to see someone come in across the street and pretty much given a cart blanche from my perspective. This whole system has been a very unfriendly experience as far as the common person. From every meeting it appears that everyone wants to cater to the developer. As a voter, as a property owner, it's been very very frustrating. Victory is an extremely small road. I now find out they are going to start the construction from the south on Victory and progress northward. I repeat. It is a very small road. The original Planning and Zone meeting where everyone was available or given the opportunity to express their opinions was at a time when I was unavailable myself and my wife told me that there would be a second meeting where perhaps I might be able to attend. We found out that that meeting transpired. Apparently there was a notice the day of the meeting, but certainly not enough time for me to prepare -- for me to arrange my schedule so that I could attend. And apparently at that meeting they made some concessions with the other property owners, i.e., the eight foot wall, other concessions. But, again, our property is right there directly across the street -- exactly. All right. We thought perhaps we'd have a berm or something placed there that would block the headlights and block the traffic and sound, but apparently that -- no one's discussed that with us. We also were told that the water that's going to come along Victory -- apparently now that's coming from Eagle. And that was perhaps the only carrot that was offered to me, at least in future development or future use of our property, is that there would be a waterline there available for us in the event that we would then be able to be annexed into the city or whatever for us to build a home. And, of course, that's not going to happen now either. Of course, these are changes that apparently come to light, you know, just in the last -- at this meeting here. In summary, it's been a very frustrating experience and I know that the trend nowadays is for city councils to try to generate the revenue and apparently this is a means of generating revenue, but the impact of the people in the surrounding area is tremendous and, again, a very frustrating experience. Corrie: Okay. Any questions for Dave? Okay. Sue? Is Nancy Hilton here yet? Okay. Pat Maley. Is the testimony you're about to give the truth, the whole truth, and nothing but the truth, so help you God? Maley: It is. Corrie: Okay. Name and address, please. Meridian City Council Meeting July 16, 2002 Page 53 of 89 Maley: My name is Pat Maley, 12449 West Muir Woods Drive. My issue has already been addressed once, but just for clarification sake, we live on the street that would pick up a fair amount of traffic -- yeah. That one. From the east end of Sutherland Farms. There was a presentation made by a group of Muir Wood homeowners to the ACHD and in ACHD's consideration of their preliminary plat it's my understanding that they placed a condition for the installation of temporary bollards across Hollendale, which is where the mouse is right now and also across Knapp, at least on the north and I believe on the south, until such time as Knapp Road is connected to Overland Road. The reasoning for that is that the preliminary traffic study that was submitted along with this indicated that in the p.m. rush hour Muir Ridge Drive would have one car about every 15 seconds. It's certainly not developed for that. It's not designed for that now. It's 37 feet curb to curb, a 50 foot right of way, has a 138 degree deflection curve that's right in the pathway of that -- there is a place where the major entry into our common area, our park, is located -- Muir Ridge Drive has an island in it and so if some child were to ride a bike, a skateboard, scooter, or run out in front of a car, there is place for a car to swerve and so we respectfully request, again, that you maintain the provision that we understand is in the temporary -- the preliminary plat that would require the installation of temporary bollards until such time as the Overland Road connection is complete. Thank you. Corrie: Thank you. Rodney Reyes? Am I pronouncing it correctly? Is the testimony you're about to give the truth, the whole truth, and nothing but the truth, so help you God? Reyes: Yes. Corrie: Name and address, please. Reyes: My name is Rodney Reyes. I live at 3465 East Victory Road. I live in Dave Barclay's home. What -- to kind of recap on what he stated about living across the street from that beginning subdivision there. As you all know, Victory Road is very small and we have even had a case in the winter where we've had a car come into our yard and take out a tree. Just to some type of maybe like what Dave said, a berm or something. Nothing has been said to us on -- like he stated and that and I do have four small children that like to play out in the front yard. My -- the road actually sits probably, I don't know, four feet from my yard. I have dirt and then I have my grass and just kind concerned about what they might do to help with that and with all the construction traffic going through Victory Road. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I just have a question. Corrie: Rodney. Meridian City Council Meeling July 16, 2002 Page 54 of 89 De Weerd: Now does their entrance into the subdivision align with your driveway? Where is it in relation to your front yard? Reyes: My wife can answer that. Corrie: Is the testimony you're about to give the truth, the whole truth, and nothing but the truth, so help you God? A.Reyes: Yes. Corrie: Okay. And would you take that mike with you right there. De Weerd: And if you will state your name and address for the record. A. Reyes: Amber Reyes, 3465 East Victory Road. This -- we have a field right here. My home starts right where this road and that -- our driveway is over here. De Weerd: So that road would shine into your house? A.Reyes: Into mine and my little girl's bedrooms when they would turn onto Victory Road. De Weerd: And do you have any landscaping -- any existing landscaping that would help? A.Reyes: We have two trees. One was taken out. So, yeah, we still have one existing. De Weerd: Okay. Thank you. A.Reyes: Could I ask a question or do you want me to -- okay. Just from hearing the gentleman speak right now, the sewer is already coming in off of Eagle Road. So my question is why are they starting the first phase to the south. Right there. Why is it not -- if you already have the Thousand Springs Subdivision on Eagle and then you have Muir Woods to the east, it would make sense to put a subdivision in between those two, instead of coming off of Victory Road where you have five acre lots. Start your first phase off of Eagle Road where you already have a subdivision adjacent to it. So I would just like to ask maybe consideration of the first phase be changed to coming off of Eagle Road. Thank you. Corrie: Okay. Is Nancy back in or is she still gone? Is there anyone else that would like to issue testimony at this time? Okay. Is the testimony you're about to give the truth, the whole truth, and nothing but the truth, so help you God? Roundy: Yes. Meridian City Council Meeting July 16, 2002 Page 55 of 89 Corrie: Name and address, please. Roundy: My name is Joyce Roundy. R-o-u-n-d-y. I live at 4178 Los Altos Drive. I guess my question -- forgive me, I came in late and perhaps it was already addressed, but I live where that -- see where the arrow is? I live on Los Altos Drive. It's Ranchos Los Altos Subdivision. Shall I go point? Corrie: Yes, please. Roundy: Right in here. I think right in there. Corrie: Okay. Roundy: Our subdivision, as you may know, was built back in the 70s and we have large lots. I mean the smallest piece of land that anyone owns in there is two acres. Ours happens to be a two acre lot that butts right up against Sutherland Farms. The people to the east of us have two acres. The people to the west of us have three acres. The people across the street from us have three and a half acres. Now, granted, we realize that we were built in a different era and we could not hope to maintain those size of lots forever. I guess what we have requested in the past -- and I just don't know how this turned out yet, is that we have some transition lot sizes, rather than quarter acres up against us. To the east of Sutherland Farms, as you know, is Muir Woods and that also comes up against Rancho Los Altos. I understand that that's Boise and what we are considering here is Meridian and policies are different perhaps, but they did give us at least some better transition sizes, a third to a half acre lots up against the large lots of Rancho Los Altos. Yeah. Right where you're pointing there. Has that been established, the size of the lots up against ours? Corrie: I don't know. We will have to ask the-- Roundy: Asking a quarter acre. Is that what you're saying? I guess, then, I would put in my request that they be larger than that to give us a better transition. Another question. At one time the developer did indicate that they would be willing to keep the level of homes along Rancho Los Altos to one story, rather than two and I guess I'm asking, again, is that -- does that still stand? Nary: What is that change? So there is only -- they are 25 foot height, but it could be two story, as long as it's within the 25 foot height requirement. Roundy: Is the minimum height for one story 25 feet? Nary: It kind of depends. De Weerd: They are asking that basements to be included. That's why they didn't want the two story requirements. Meridian City Council Meeting July 16, 2002 Page 56 of 89 Roundy: Oh. I see. De Weerd: They would build down, rather than up. Roundy: Yes. Okay. It was the height. I know at one time they said, well, only one restriction should be required of those lots surrounding us. My comment would be those are very compatible restrictions -- those are compatible restrictions, because if you have a larger lot you have more room to build on a single level. Thank you. Corrie: Is there anyone else? Yes, ma'am. Is the testimony you're about to give the truth, the whole truth, and nothing but the truth, so help you God? Renke: I do. Bird: Name and address, please. Renke: My name is Caroline Renke, 3595 East Victory Road, and I'm just asking -- I did send a letter to the City Council, faxed a letter in. You received that. And the concern is our home is directly where that access road is to the south. The headlights would shine directly into our living room, dining room. But builder has made -- the engineers have made agreements to work the neighbor to the east, Mr. Sasser, putting up eight foot fences and dense trees, they haven't said anything about even putting a fence to stop the lights from shining directly -- the cars that are egressing to the south onto Victory, those lights will come directly into our home if they turn toward the east. And we have a concern regarding the development of phase one, that they are reaching the furthest that they can to annex into the city and developing that without even knowing what they are going to be doing, what the economy is going to be doing and to develop a density of those homes and commercial. But they want to be sure and reach as far as Victory to get that in and then it's easier to decide what they want to do in the future and that's -- and Victory is a very busy road and it's difficult for us to get out and turn east onto Victory the way it is now with an access road facing us. I ask you to consider the traffic. Corrie: Thank you. Anyone else? Tom? Kuntz: Mayor Corrie -- Corrie: You're already sworn. Kuntz: Tom Kuntz, the parks department. We just want to go on record in regards to the park, the private neighborhood park that they have there. Our comments were submitted to the Planning and Zoning Commission as part of staff comments on May 15th. Our recommendation was to delete Jots -- I believe it was 66 through 73 on Block 1. They deleted four of those, but there still remains three lots in the southeast corner of that neighbor park. We just want to go on record that we still recommend that those three lots be deleted, so that the park size would go from four acres to five acres, so that in the future when we received a call from the homeowners association that states Meridian City Council Meeling July 16,2002 Page 57 of 89 that we do not want to -- pay to maintain this neighborhood park any longer, would the city consider taking it over, our minimum park size is five acres. If those three lots were to be deleted, not only would it enable us to take that over at some point if the homeowners find that to be a burden, but it also would make a much better neighborhood park if those three lots were deleted and we just want to go on record. Thank you. Corrie: Anyone else? Okay. If the developer can answer the questions that have been brought up by the Public Hearing. Lee: Gary Lee with JUB Engineers. I guess I will start with -- I'll do them in order. There was discussion about the stub streets going into Muir Woods Subdivision and also going to Los Altos, Hollandale Drive and Knapp Lane. It's true that ACHD had recommended those stubs to be installed and the City of Meridian staff agreed. At the ACHD Commission meeting they decided that they'd make a compromise and request that bollards be installed on those two streets temporarily until the bridge is constructed across the Ridenbaugh Canal and that road extends to Overland Road in the future and the bollards could be removed. And as you have seen in your staff comments, they did make that recommendation. I might just add a key note to this. The traffic study that we had performed did not anticipate those roads being blocked, except for Knapp Lane and it was our recommendation that it not go through at this time. So there was traffic movement through Muir Woods Subdivision, That traffic analysis was reviewed by the Highway District and approved and they indicated level of service on the intersections affected were acceptable. The next item talks about -- I think Dave Barclay indicated -- had questions about the water on Victory Road. As far as a requirement of the City of Meridian, we will have to install water along our frontage. When we extend that water from Eagle Road through our development, it will be used for future phases and be positioned along the public road that we have planned for and then when we get to the first phase we will have to build the water along Victory. It will be a stretch to the adjacent property frontage and will be available to anyone adjacent to it on either end. So there will be water there. There will be landscaping along Victory Road. That's been a concern. The ordinance requires I guess a 25 foot buffer on Victory, as I recall. I brought along a copy of an aerial topography map that we had prepared for the preliminary plat and I'll pass this out. It kind of gives you a better representation of where the houses are in relation to our entry road. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: So, Mr. Lee, while we are looking at that plat there, that thick black line, that was the 25 foot setback? Lee: Yes. Along Victory. Meridian City Council Meeting July 16, 2002 Page 58 of 89 Nary: Is it the landscape buffer that's a berm or is it a landscape buffer that's just flat? I think the concern was about lights and all those types of things. Lee: Well, I don't recall exactly what was on the landscape plan and maybe Shari does, but it can be bermed if that's what the Council would like to see. I don't see a problem with that. It seems to be the norm of most developments. Nary: That's what I thought, too, but [ just thought I'd ask. Lee: But not always. But it could be bermed. I don't see any real reason not to. So that [ think addresses the road offset issue. As you can see, the outbound lane on that street coming out of Sutherland Farms, the headlights are going to come out and it will direct southerly along the fence line of the pasture. So traffic turning east there may be some lights that could reflect on their houses as it turns. Most of the traffic in our study indicated going west. So it shouldn't be impacted that much. We talked about the Knapp and Hollandale Drive and the level of service; by the way, on Muir Woods Drive and Cloverdale as a result of this development, they have a level of service C in the morning peak hours and a level service 0 in the p.m. I think prior to development they were both level of service C. So there is some impact, but not enough to warrant any change. We talked about the berm on Victory Road. The entrance alignment. The sewer that the -- the sewer to this property has to come through Silverstone. The sewer in Thousand Springs right now is not deep enough to service this property, nor is it in the proper drainage area for the city. So we have to bring the sewer up through -- from Silverstone through Sutherland Farm, it's fairly deep, and it's designed to service not only this side, but all the properties across Victory Road to the south and down Victory Road as well. So it's fairly deep and that's the only way we can get it through the project. And as I explained earlier, that we wanted to maintain the ranch operation and reserve the ranch facility and start our residential phase on the south. And we discussed the height of the homes along Los Altos Subdivision. We'd like to restrict that to 25 feet, if possible, if you would be willing to do that. The lot sizes along there that are orientated on the preliminary plat, most of them are in the 10 to 12 thousand square foot range, so that they are larger than the R-4. And Mr. Kuntz's comment about park, we did eliminate four of the seven lots in there. We wanted to maintain at least three lots in that area to try to help our density overall. We'd like to have something a little higher, but it just wasn't working out with the amount of transition that we were doing from the smaller lots in the interior to the larger lots on the exterior. As you can see from the plan it still leaves us a pretty good open view of the park and eliminating those three lots along the east side of the park I don't think would really greatly enhance the view. Plus it's a home on a park that's neighborhood maintained. There is an irrigation pond there. It's fairly sizeable. We will have to maintain that facility for our irrigation system. I'm not sure if it went to the city what would happen to that park -- or that pond, So there is some uses there we need for the development other than just the park. I think I addressed most of the comments that were brought up. Do you have any questions? Corrie: I believe we had -- I didn't hear about why the first phase on Victory Road and not Eagle. Meridian City Council Meeting July 16, 2002 Page 59 of 89 Lee: Well, the Eagle Road portion is slated for that office area. As you well know, there is a lot of office facilities coming in on Eagle Road with Silverstone and also EI Dorado and the developer right now doesn't have a buyer who wants to build some office space, nor a multi-family. If he did I'm sure he would to start there as well. So we are wanting to declare our presence with the development by starting in a market that we know will sell fairly quickly and that will be the residential area and those are the large -- some of the larger lots in that southern area as well that are 8,000 plus square feet and Jots ten and 12 thousand square foot lots are along the border. So from a market strategy and also keeping the operation of the ranch going in the interim, we wanted to do our first three phases on the south end. It's an economical thing for them to do. Although they still have quite a bit of off-site cost they are going to have to bear in that first phase. Did I answer that -- Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Mr. Lee, is this an out-parcel right here? Lee: Yes, it is. Nary: And the homeowner that you have the agreement with, Mr. Sasser, they are over on this part? Lee: They are to the east of that finger on the south on Victory Road. Right there. Nary: Okay. Lee: Three five acre parcels which front on Victory Road right there next to each other. Nary: And who owns the -- so this isn't owned by Sutherland Farms or anything? Lee: No, it's not. Nary: Okay. Lee: The closest neighbor we talked to them about the access in there and ACHD has made the requirement to provide them access to our commercial collector road. Nary: One other thing. On this -- on Eagle Road I know there is a buffer requirement as well. Is that -- does this buffer here look like that or is it taller? Isn't this 25 feet on both sides? Lee: It should be 35 feet. I'm not sure how it got put in the way it is on that picture. Meridian City Council Meeling July 16, 2002 Page 60 of 89 Nary: That's just a drawing, but it's the same on both sides? Lee: Same on both sides. Yes. I think that's the landscape plan we are looking at. Can't tell for sure. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: The entrance off of Eagle, what phase is that in? Lee: That will probably be in -- well, the actual entrance will be built in phase four. There won't be any platting, I don't believe, along that road; we are just going to plat the roadway itself to get our second entrance. De Weerd: So what are you -- I don't have anything that shows me what phase four is, so how much of that area off of Victory is built out before you get phase four in? Lee: The design that we have right here -- I think there is 112 lots that we counted in that area that we will do, but there is a stipulation in your staff comments that we have to build that access out to Eagle Road at the 101 st building permit. De Weerd: Okay. Lee: That gives us our second emergency access as well. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Mr. Lee, I'm sure it was already said, but was this is green space here and green space here? Is that what that is? Lee: Yes. Nary: How much -- what is the point of that? It seems so small. Lee: Well, it is and I think that the only reason it really turned out that way is the design of the town homes, the dimensions that we thought it required in the longitudinal length of the lot. That was a leftover area and we didn't want to have a whole lot of people's back yards backing up against that collector street, so we left that landscaped area. When those limited office space facilities come in there will be landscaping requirements along that front as well so it will all blend in. Nary: Couldn't you put these three lots in there? Meridian City Council Meeting July 16, 2002 Page 61 of 89 Lee: Well, that area is a low spot in the property and we had hoped to use it for a storm water facility. And it's adjacent to that commercial and limited office area and I'm not sure how it would fit in there effectively. We'd like to have a couple lots against the park. I think there is higher value in that. Those are fairly sizeable lots, too. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: So you will have open space in what phase? Lee: Let me grab this other map. De Weerd: So, then, you have how many people living there before you have open space? I guess that's a way to do a planned use development, not to have any open space until your final phase. Lee: Well, looking at condition -- I think there is a condition in there that we have to build that park so we have the roadway entrance is the wording. I don't know if Shari remembers exactly what condition that is. I remember reading that earlier. Certainly we'd like to get through the first four phases, because that's the area that we are trying to separate from the horse ranch operation, but it could be included in the phase that is phase five when we start really getting into the horse ranch operations and all that. And that would make sense to put it in there, although it's going to be kind of removed from where phase five is. De Weerd: Where is phase five? Lee: It's just west of the open space. The park. Phase five is for the townhouse units and that loop street just east of the townhouse units. De Weerd: And what is phase four? Lee: It's the balance of that southerly piece that goes down the southeast corner. Right in there. De Weerd: Oh. Can you put it in in phase four along with the street? Lee: I could -- well, I guess [ could make that suggestion. We want to build that street all the way out to Eagle Road, because that's going to put us over the 101 st home anyway if we take that much more in. And there may be as far as phase five, if that is part of phase four, those lots that front that east-west collector street. In the CUP application. There you got it. The 101st permit. Same with the roadway. We have to come in. I thought [ saw that earlier. I just couldn't remember where. De Weerd: Well, it talks about permits and not phasing. Meridian City Council MeeUng July 16, 2002 Page 62 of 89 Lee: Right. I guess that makes sense. De Weerd: So you could be in phase six and not have a building permit on either of those. Lee: Okay. De Weerd: On the street or the open space. Lee: Could be. I think that 101 number was arrived at as an emergency access more than anything else. When we do phase four we will have to build the road. And it may make sense to go ahead build the park then, too. De Weerd: So rather than stating number of occupancy permits, you would feel comfortable with stating a phase? Lee: Yeah. I think it would end up being the same thing as the number. De Weerd: Now the drawing you gave us with the property owners across the street, this one house right across from your entrance definitely will be impacted by the cars coming out of that subdivision. You have mitigation of some of the neighboring subdivisions. Could you help them with maybe a couple trees in that front to help filter the headlights? Lee: Well, the headlights that you're going to get I guess would be the ones turning east and the number on the traffic study during that time frame is pretty small. As I remember, it was less than ten during the peak p.m. hours. I don't know if that's a significant impact to them or not. But it's something we could certainly work with them on and maybe think about some sort of buffer there, as long as it's not extravagant. But I wouldn't think the impact wouldn't be that great from the numbers. De Weerd: Well, studies have been known to be wrong. Lee: Yeah. That's true, too. De Weerd: I don't know how you study the behavior of a driver, so -- now Shari also had mentioned on your landscaping to clarify the dense mixture -- the mixture of the trees and that berm that's supposed to provide some density. Did you have a landscape plan that suggested plantings and -- I guess, Shari, that can be worked out with staff. Lee: I think that's the agreement with the Sassers that you're talking about. Stiles: Their memorandum of understanding says it will be agreed to -- mutually agreed to between Sassers and the applicant. Meridian City Council Meeling July 16, 2002 Page 63 of 89 De Weerd: Okay. That's aliI have. Corrie: Any questions? Yes, Gary. Smith: Mr. Mayor and Council Members, just for the record, this subdivision will be subjected to a latecomers fee for sewer service through the Silverstone Subdivision and there may be a -- depending upon the coverage, a well development latecomers fee also. Those values have not yet been determined, as you're aware, but they will be. Thank you. Corrie: Thank you, Gary. Okay. Any other discussion? De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I know the applicant had mentioned that water would be run down along Victory, so -- for future development. Sewer needs to be stubbed to the property line as well. So future development south of Victory would have stubs off that sewer and water; is that correct, Gary? Smith: Council Member de Weerd, Mayor and Council, I can't remember the exact layout of our master plan, but if the master plan requires the area to the south and east to be served through this area, then it will need to be -- it will need to be stubbed to the boundaries of the subdivision and we will require that on the basis of our master plan as their development plan is submitted. De Weerd: So anyone south of this property should check with you and the master plan, but you would have water available? Smith: Yes, De Weerd: Is that what I understand? Smith: Yes. Water will be stubbed to the boundary of the subdivision. De Weerd: Okay. Corrie: Any other questions? I will entertain a motion to close the Public Hearing at this point. McCandless: Mr. Mayor, so moved. Nary: Second. Meridian City Council Meeting July 16, 2002 Page 64 of 89 Corrie: Motion has been made and seconded to close the Public Hearing on Sutherland Farms preliminary plat, request for annexation and zoning, and Conditional Use Permit. Any further discussion? All those in favor of the motion say aye. All the ayes, Motion carried. MOTION CARRIED: ALL AYES. Corrie: Discussion? De Weerd: I have none. Bird: I have none. Corrie: Okay. I'll entertain a motion on the request for annexation and zoning of 127.7 -- is that .74 of .64, Shari? One says it's .64 and the other says it's .74. I guess you can correct that in the minutes there from the thing. So 127.74 acres from RUT to a C-G, L- 0, and R-4 zones for proposed Sutherland Farms by Sutherland Farms, Inc. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I'd move the approval of AZ 02-004, request for annexation and zoning of 127.74 acres from RUT to a C-G, L-O, and R-4 zones for the proposed Sutherland Farms by Sutherland Farms, Inc., east of South Eagle Road and north of East Victory Road, pursuant to all the staff comments and recommendations from the Planning and Zoning Commission. I don't think there is anything else on the annexation. And for Findings of Facts and Conclusions of Law and Decision and Order to be prepared. Bird: Second. Corrie: Motion has been made and seconded to request annexation and zoning. Any further discussion? Hearing none, roll-call vote, Mr. Berg. Roll-call vote: McCandless, nay; Nary, aye; DeWeerd, aye; Bird, aye. Corrie: Okay. Motion is approved. MOTION CARRIED: THREE AYES, ONE NAY. Corrie: Item No. 20 is a Public Hearing, request for preliminary plat approval of 308 building lots and 30 other lots on 127.64 acres in a proposed L-O, C-G, and R-4 zone for Sutherland Farms. Nary: Mr. Mayor? Meridian City Council Meeling July 16, 2002 Page 65 of 89 Corrie: Mr. Nary. Nary: Before I make a motion I guess there was some discussion on this particular issue, I think most of the testimony was regarding the preliminary plat and not the annexation, but I think -- I think the developer has addressed the majority of them or will address the other ones that are remaining, since I do think the Reyes and the other folks on Victory Road raise a legitimate point. There may not be a lot of cars today, but there is going to be a lot of cars in the not too distant future turning out of that subdivision on Victory Road and so I don't think mitigating that with some trees is an unreasonable request. I think that's very reasonable and fair. And the phasing issue, you know, no matter where you start someone doesn't like it, so I don't know that there really is a whole lot to address with that. I think there is always some business reason for starting on one place or another. I don't think there is really a whole lot we can do with that. The issue on the lot sizes, I think the lots are at least a little bit larger, they could be a little larger than that, you know, I guess it's open to debate, but I don't think it's an unreasonable amount. The limitation from the height without the story wording is probably fine. We will be hassling over that for years anyway. I think that the parks department request, though, on those three lots on that park, I really think I'd agree with the parks department. Having lived very close to a park that small, three houses right on top of it I think are a little troubling. I think the parks points are valid. You know, I guess I'm a little concerned about those three lots there. They have already eliminated four to make the park a little bit more of a usable open space. I guess I'm a little concerned about the ability -- I guess the discussions were for me, I don't know if anyone has that same concern about having that there. I think the rest of that open space is not really usable. That little tiny green space is not really anything of any note, and the other place, obviously, it's a swale, so there is not really as much, so I think to make that a much better situation, I guess it would be my preference that they take those three lots out and that be one big piece as the park, instead of that one piece and put the houses on top of it. But I don't know that the other concerns that -- I think the other issues that we have talked about, the bridge and the bollards to prevent the access are -- I think everybody is in agreement with, so I think the other thing to address that I guess I just have a concern about those three lots on the park. McCandless: Mr. Mayor? Corrie: Mrs. McCandless. McCandless: Unfortunately, I'm going to continue being consistent when I vote against putting numerous subdivisions on roads that are too small to handle them. Victory Road certainly is and South Eagle Road is no less either. And I just think we should enlarge the roads, get the infrastructure in there before we start urban sprawl. And I will vote against it for that reason. Corrie: Okay. Any comments? De Weerd: Mr. Mayor. Meridian City Council Meeting July 16, 2002 Page 66 of 89 Corrie: Mrs. de Wee rd. De Weerd: I guess since that's a homeowner's association park and so I don't have any opinion one way or another on the three lots. You know, I would agree that if the city were ever to take it over, that it would not be considered without -- with those lots in there and so that's something that the applicant has to keep in mind when they develop that, if that would ever be a request, if you put those lots in there, don't count on asking the city to take it over. And maybe that needs to be a note on the plat, so the homeowners association understands that. I do think there needs to be some mitigation with the property owner across the street from that entrance for a little screening. We would need to put in a variance for the height of the eight foot fence or allow the eight foot fence where it's been noted and, you know, I have concerns as Council Member McCandless has on streets, but the street counts and the information that we have doesn't give me any information that says those streets aren't adequate at this time. ACHD has given them a level of service and I'm not tracking anything there, so I can't-- I would sure love to second-guess them, but I won't. And so, Mr. Nary, good luck on your motion there. Corrie: Any other comments? Bird: I have none. Corrie: Okay. I sense -- I will entertain a motion, then, for the preliminary plat. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I guess I'll just see what happens. I would move the approval of PP 02-004, request for preliminary plat approval for the 308 building lots and 30 other lots on 127.64 or .74 acres in a proposed L-O, C-G and R-4 zones for proposed Sutherland Farms by Sutherland Farms, Inc., east of South Eagle Road and East Victory Road, pursuant to the staff comments, recommendation of the Planning and Zoning Commission and in addition to the testimony tonight that the applicant will assist in mitigating the light spillage from this subdivision on the adjacent property across Victory Road, that they will -- let's see. I think that was -- I think that was really the only issue of concern with that. And that they eliminate the three lots that are currently on the park and that -- other than that, all the other comments, as well as the comments from the applicant, and that Findings of Facts and Conclusions of Law and Decision and Order be prepared. Corrie: Motion has been made. Do I hear a second? Bird: I'll second it. Meridian City Council Meeling July 16, 2002 Page 67 of 89 Corrie: Okay. Motion has been made and seconded. De Weerd: Mr. Mayor? Corrie: Discussion, Mrs. de Weerd. De Weerd: Also on the preliminary plat did you want to note the peak height? Nary: Oh. De Weerd: Instead of the two stories, the 25 foot? And, as well, the order of phasing? Nary: In regards to the park? De Weerd: In regards to the order that it needs to be in. Item No. 12. Nary: Yeah. Let me see. Which one was the one for the height? Oh, Number 21 of the site specific requirements, that we could delete the language saying single story, but keep the language that says peak height of 25 feet or less and -- did you say the -- De Weerd: Yeah. Nary: Site-specific requirement-- De Weerd: On the phasing schedule. Nary: I guess I don't really know what the -- about the contiguous issue? De Weerd: Yeah. Nary: That it needs to be contiguous to a previously approved phase? I guess I don't -- at this juncture, based on just what was asked, I don't really want to -- I'd rather that it be contiguous, at least at this juncture until we know a lot more about what it is they actually want to develop. They can always come and ask to amend it. But at least so we know it's going to be developed, because I think the concern -- I agree with Mr. Lee, that he's spent all this money to bring the sewer line and the water line down here, you're going to finish developing it. There is a big hole in downtown Boise that's got a crane in it that's not getting developed very quick and so I'd rather it be contiguous until they have at least some idea of what they want to do differently and they can always ask to do it differently, then. So if that's okay by the second? Bird: That's fine with the second. Nary: Okay. Corrie: Any other discussion? Meridian City Council Meeting July 16. 2002 Page 68 of 89 De Weerd: No. Corrie: Okay. Roll-call vote, Mr. Berg. Roll-call vote: McCandless, nay; Nary, aye; DeWeerd, aye; Bird, aye. MOTION CARRIED: THREE AYES, ONE NAY. Corrie: All right. I will entertain a motion on the request for a Conditional Use Permit, 005. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: [ move the approval of CUP 02-005, request for a Conditional Use Permit for a Planned Unit Development for residential, commercial, and office park development by Sutherland Farms, east of South Eagle Road and north of East Victory Road, pursuant to staff comments and recommendation of the Planning and Zoning Commission and for Findings of Facts and Conclusions of Law and Decision and Order to be prepared. Bird: Second. Corrie: Okay. Motion has been made and seconded. Any further comments or discussion? De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: It seems to me like we have had some comments on the open spaces that need to be built as well. Did you want to make that contingent on building permits or phasing? Nary: Well, the problem I guess I have with the phasing is the phasing is decided by the developer, so I guess I don't want to get in an argument that we figure on phase four and they figure on phase three and I don't know that we could really enforce that. The development permits are a mechanism to enforce that, because that's at least something we have control over the outcome of how that gets issued, but phasing is simply -- in the final plat stage they can come back and develop the ground the way they want to build it and they are going to build it based on market and I think it's just hard for us to enforce it if we do it based on that and I think that using the building code is the tool the city has to do that. Meridian City Council Meeting July 16, 2002 Page 69 of 89 De Weerd: Can you -- for a phase -- a phasing -- phase four or 101 building permits, whichever is sooner? Nary: Well, [ think he said they were the same thing. I think his testimony was that they would be built -- by the time they got to building 101 homes that would be phase four. They wouldn't be 101 homes and not build a park, so -- unless you want to -- it's difficult, I guess, from a marketing standpoint to try to force when is that park the right time to develop. The figure 101 is at least something that is agreeable and was realistic on the amount that was being sold, so -- yeah. I think it's on the CUP -- or on the preliminary plat, but I think -- it's on the preliminary plat. De Weerd: It has the eight-foot fence. Nary: Yes. It has the eight-foot fence as a condition, so -- so I don't think there is really anything to change in the recommendation. Corrie: There was a second? Bird: Yes. Second. Corrie: Motion has been made and seconded for the request for Conditional Use Permit. Any further discussion? Roll-call vote, Mr. Berg. Roll-call vote: McCandless, nay; Nary, aye; DeWeerd, aye; Bird, aye. Corrie: Approved three-one. MOTION CARRIED: THREE AYES, ONE NAY. Item 22: Public Hearing: AZ 01-015 Request for annexation and zoning of 34.60 acres from RUT to l-L and L-O zones for proposed Utility Subdivision by Falcon Creek, LLC - 3365 North Ten Mile Road: Item 23: Public Hearing: PP 01-017 Request for Preliminary Plat approval of 11 building lots on 34.60 acres in proposed I-L and L-O zones for proposed Utility Subdivision by Falcon Creek, LLC - 3365 North Ten Mile Road: Corrie: Okay. Item No. 22 and 23 is a Public Hearing. This is on the Utility Subdivision by Falcon Creek, 3365 North Ten Mile Road. And at this time I will open the Public Hearing on both the annexation and zoning and preliminary plat. And will invite staff's comments first. Same way with the Public Hearing, the developer has five minutes and the other people on the sign-up sheet are -- where they are now -- would have three minutes. De Weerd: Mr. Mayor? Meridian City Council Meeting July 16, 2002 Page 70 of 89 Corrie: Mrs. de Weerd. De Weerd: I just still have one comment and I'm sorry that most of the neighbors left, but on the Sutherland Farms, we realize that traffic is an issue, but we have some major business parks going in, in that area. If we don't put housing there, we are creating even more traffic, because people won't live near where they work and that has been a goal of the Council is trying to get that kind of situation and get people living around where they are working and, boy, Cherie, if I could figure out how to get roads first, I would be beating that door with you. Unfortunately, ACHD I think is in the same situation, we are always behind the dime. Corrie: Or the nickel, as the case may be. Okay. All right. Thank you. Staff. Stiles: Mr. Mayor and Council, this property was the item of the discussion in a previous application that was before the City Council for request for a text amendment to the Meridian Comprehensive Plan. This application does still fall under the existing Comprehensive Plan and not the new Comprehensive Plan. The applicant has changed the proposal to request a light industrial zone for two lots on the northern boundary of the property where they are proposing that the -- a waste transfer station and the Sanitary Services Company be permitted to go in. I'd just like to remind Council that a Conditional Use Permit was not submitted as part this application, so any conditions that you might place on this would have to be included in the annexation and if that includes some of the details of any site specific details they have provided, that you have -- that you specifically note those so it is included in the development agreement. As a result of a request for a Comp Plan text amendment, the City Council did approve a text change to allow -- to add one sentence that said limited light industrial uses may be considered in the area immediately adjacent to the wastewater treatment plant. However, no map amendment was approved at that time. With the request for light industrial zoning immediately adjacent to the wastewater treatment plant and the remainder of the property left at L-O, the current Comprehensive Plan does not currently support that zoning. The one-acre park that's previously shown on the plan has been removed. This cul-de-sac has been shortened from the cul-de-sac originally shown. Also they have provided flag lots to provide access direct frontage and street access to this lot and also this lot. They have submitted elevations for the Sanitary Service office maintenance building and waste transfer station. The Planning and Zoning Commission did recommend denial of this application due in part to their determination that the use did not constitute light industrial use. Meridian city code does define that light industrial zone as encouraging the development of manufacturing and wholesale establishments which are clean, quiet, and free of hazardous and objectionable elements such as noise, odor, dust, smoke, glare and that are operated entirely or almost entirely within enclosed structures, uses incompatible with light industrial not permitted and strip development is prohibited. This was from the staff -- the staff report dated June 10th, 2001. The applicant has -- the representative has submitted a letter dated June 7th, 2002. There has to be an error on this date, June 10th, 2001. It has to be 2002, I think. We do have a letter from the applicant's representative outlining some additional considerations for this project. They are Meridian City Council Meeling July 16, 2002 Page 71 of 89 discussing things that would be appropriate in a mixed-use classification of MU-WTP. That classification does not yet exist. They have proposed that all developments proposed in the MU-WTP area will require approval as a planned development through the conditional use process. The uses that they are proposing would include normal residential uses -- actually, this is from a work session the City Council discussed this. Existing residential uses may remain. Professional office uses were acceptable. Warehousing uses, flex space uses, office/warehouse uses, business park uses, and mini storage, We would not have a particular argument with that should that actually be put into our zoning ordinance and designated as such within the zoning ordinance. The only issue we may have -- I know we have included in the Comprehensive Plan, but we would need a better definition of what a business park was, if that were to be included as a permitted use. Unless you have questions for me, I will let the audience speak for themselves. I know the applicant's representative is here and she is ready to answer any of your questions. I believe one request that the staff would have, should you choose to approve this annexation and zoning, is that all of the uses require going through a conditional use permit and that the uses allowed in the development agreement be very specific as to the type of uses that will be permitted with a Conditional Use Permit. That's alII have, unless you have further questions of me. Corrie: Okay. Any questions of staff? Bird: I have none. Corrie: Okay. Is the applicant here this evening? The representative? Okay. What we have here, usually we have five minutes for a Public Hearing and we are using two of them, so you have ten minutes. You don't have to use it if you don't need to. 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? Ford: Yes. Corrie: Name and address, please. Ford: Good evening, Honorable Mayor, City Council Members, for the record Ashley Ford, Hubble Engineering, 71 South Allen Street in Meridian. I'm here tonight representing Falcon Creek LLC, the applicant on the subdivision and SSC, the applicant regarding the transfer station. Tonight we are before you with a request for annexation and zoning of lots one and two to l-L, zoning of lots three through 11 to L-O, the approval of Utility Park Subdivision and approval of the development agreement for an office with four shop areas and a waste transfer station on lot two. As Shari mentioned at the April 17th, 2002, work session, the Council recognized that this property needed a special land use designation due to the approximately to the Meridian waste treatment plant. The Council directed staff to create a new land use classification, a Mixed Use Waste Treatment Plan to the site. At the work session the Council discussed the type of uses that would be appropriate to the new mixed-use classification. Shari has outlined those for you. I-L does not seem an appropriate land use within the land use Meridian City Council Meeting July 16, 2002 Page 72 of 89 classification. The Council also indicated that the proposed L-O zoning would be an appropriate transition buffer between the I-L for the northern portion of the site and the residential subdivision to the south. We do understand there are a number of concerns that the Planning and Zoning Commission and city staff have in regards to a transfer station for the site. Staff is concerned regarding the design of the transfer station's lack of means to secure the northern elevation of the building. Color photos have been provided to staff and I believe Shari has those in the presentation and they show other transfer stations that are located in Idaho. Typically these facilities do not have closing doors and if they were placed on this transfer station, these doors would remain up during normal business hours. The only reason for such facilities to have doors is to provide security measures. With the proposed security fencing that we have around the site, we are requesting not to put one on the facility. The orientation of the building is such that it's facing away from the residential uses and towards the treatment plant. Now as staff mentioned it's several hundred feet away from the residences. We realize there are concerns in regards to noise, odor, and litter and the potential impact to the surrounding neighbors. Steve Sedlacek of SSC is here tonight and has taken noise readings at their facilities at Franklin Road, locations near the subdivision, and the Latah County transfer station. A copy of these results should have been included in your packet and I will get Steve the opportunity to address these findings in a few moments. Landscaping and berming will help buffer any noise transmission on the site. A detailed landscaping plan showing the height of the berm and the type of landscaping has been submitted with this application. The applicant is requesting Council to keep in mind a fully landscaped berm will provide -- will be provided on the southern part, which will have mature landscaping by the time the transfer station will be built in five years. Trees are excellent for breaking up noise is common to this Commission. Solid walls are where you have issues with the noise bouncing off the wall and bouncing up and out. It is also likely buildings in the propose office portion of the project will already be constructed, thus providing even more of a sound barrier between the residences and the site. The compactor for the transfer station is located within the building and is enclosed in a concrete encasement to help buffer the noise radiated. But this also help keep out any sort of debris, trash, litter from leaving the facility. The compactor is an electric motor, which is very different noise wise from a hydraulic motor. Noise should be the equivalent to that of a waste treatment plant and, like I said, I will have Steve maybe elaborate a little bit more on that. In regards to the issue with litter and odor, both DEQ and Central District Health will require a litter and odor control plan before any permits for this site will be issued. Also, it should be understood that the waste is compact somewhat to that of a brick. A summary of the solid waste industry regulations has been provided for you and your staff report and, again, I will let Steve comment on that. The next item of concern is regards to the landscaping and fencing of Lot 2, Block 1, Shari, can you put up the detailed site plan. Is there not one in there? Stiles: Let me check. Just a second. Sorry. Ford: Okay. No problem. For the Sanitary Service site, the applicant is requesting to landscape only the portion of Lot 2, Block 1 that will be developed at this time, which is roughly right in here. There are not any uses planned on the western portion of the Meridian City Council Meeling July 16, 2002 Page 73 of 89 property. If and when expansion of the site occurs it will be most likely ten to 15 years in the future and will be required to go through the CUP process. The applicant asks that the Council realize that there is such a large amount of landscaping and that they are trying to be a good neighbor by providing more than the required landscaping along the southern boundary and providing the temporary landscape buffer that runs north-south midway through the site. The portion that is not landscaped will be maintained by mowing, so that portion of the property does not become unsightly or noxious. We do plan on providing security fencing within the boundary of Lot 2. We do understand staff has concerns with the fencing not being visually appealing and that the fencing will not be able to be seen once the landscaping is mature. A diagram of the typical fence and berm has been provided to the Council, I think an 11 by 22 was provided to you today. It shows a six foot high security fence placed within the property boundary with 12 -- 12 and a half feet of berm with lawn on a three-to-one slope, which will provide an estimated height of four feet. A tall evergreen will be provided with a mature height of 20 feet and then an additional 12 and a half feet of berm to the parking line. The next item of concern is regarding the environmental impact statement. Staff recommends that the applicant be required at a minute to provide an E1S assessment for the site and the purpose of its uses. The applicant contends this is not necessary for the following reasons. First, the federal regulation for the EPA, DEQ, and Central District Health, will meet or exceed any requirement associated with an E1S and the federal regulations for these agencies do not require an EIS for a transfer station. The activities associated with a transfer station will occur within concrete walls in a building and any discharge will be contained in a sand and grease trap, which will be regulated by DEQ, The applicant will not be discharging any material into either creek abutting the property. Again, lists of these regulations have been provided to Council. The applicant is in agreement with staffs recommendations of the hours of operation. However, we would like to modify the condition to include: With the exception of departing commercial trucks. These trucks do have commercial pick up which necessitates leaving the facility at 5:00 a.m. in the morning. The next issue is in regard to the required pathways along the Nine Mile Drain and Five Mile Creek. The parks department requiring a ten-foot pathway outside the western property line, the properties right along the Nine Mile Drain and File Mile Creek, Nampa-Meridian Irrigation District has an agreement to make a new waterway. The main issues we see are the following: First, the pathways will be outside of our property boundary. We understand that the city and the district do have an agreement to put pathways along canals and ditches, but plans would have to be submitted six months in advance to be approved. Second, the Five Mile Creek is the only designated pathway within the Comp Plan. We did compromise with staff of the Planning and Zoning Commission and agree to construct a pathway. The Nine Mile Drain does not have a pathway, or does it go anywhere. Staff was in agreement that this pathway did not make a lot of sense. Inglewood Subdivision to the south does not have a pathway and there were considerable questions by staff if there were an adequate easement. Therefore, we request the release of this portion of the condition. While we agree to construct the path along Five Mile Creek, the parks department is requiring a ten-foot pathway. However, there are many examples to the city that there are only five-foot pathways and you can select the verification of what is being required. We realize the neighbors have concerns that this development will change the rural Meridian City Council Meeting July 16, 2002 Page 74 of 89 character of the vicinity. However, any development will generate more traffic than what is there already. The site is not surrounded by residential uses on all sides, which needs to be understood. There is a treatment plant to the north and agricultural land use to the west. The applicant is proposing L-O, which will provide a significant buffer between the proposed industrial use and the residential use. I'd like to reiterate that we are approximately 800 feet from the nearest residential use. It is the belief of the applicant that these issues have been addressed to the best of our ability and that the applicant has worked with the City of Meridian to find acceptable uses for this site. Staff, the Commission, and the Council have agreed that residential uses are not what is envisioned. The Council did recognize that unique circumstances are placed on the site with regard to being next to a sewage treatment plant and thus changed the Comp Plan text accordingly. A certified traffic study was submitted to ACHD for development citing traffic numbers generated by the uses, including the transfer station. ACHD has approved this application. The transfer station will take access off the proposed local road within the development. The subdivision does abut two minor arterials which ACHD agrees can accommodate such a development. There was a consent at the Planning and Zoning Commission regarding the site lying in a flood plain. This site does lie within the 500-year flood plain and we have received verification from the Ada county engineer that this use is permitted. All in all, if the applicant does not agree -- does not abide by any of the conditions of our approval, they have the City of Meridian and the federal and the state and the local agencies that can shut them down. Before I give Steve a chance to come up with concerns, he can explain further the noise study and the agency regulations, I would like to request one item from the Council. Steve's facility has burned down. Basically, SSC needs to move forward with a new site. We request approval of the annexation and zoning, preliminary plat and a transfer station by a development agreement. However, if you can't approve the transfer station this evening, we ask approval for the other applications. We feel that staff can recommend approval of those as well and be happy to answer any questions. Corrie: Any questions? Okay. Perhaps Steve can come up on rebuttal at the end. Ford: Okay. Corrie: Okay. This is a Public Hearing. I have a few here that signed up for it. Is there anyone for the subdivision? Steve Sedlacek. You can have three minutes of that time if you'd like. Is the testimony you're about to give the truth, the whole truth, and nothing but the truth, so help you God? Sedlacek: It is. Corrie: And your name and address, please. Sedlacek: My name is Steve Sedlacek, 723 West Franklin. I'm the business manager for Sanitary Services. I just wanted to hit a few points. Actually, it's -- don't have much time, it's getting late tonight. The first question I had for Council tonight was, as Shari accurately pointed out, the P&Z Commission said to us last month that basically they Meridian City Council Meeting July 16, 2002 Page 75 of 69 kind of liked the layout of that subdivision, l-L on the north, and putting in the mixed office use, but they said, quite frankly, that Sanitary Services is not allowed in an I-L zone and I suspect that it's because of the Section 11-7 in the zoning ordinance that says you cannot generate odor, noise, glare and some other items. Although in Section 11-8 of the zoning ordinance it says that permitted use in an industrial zone is a solid waste transfer station, a contractor's yard, those are the things that we are going to do on this parcel and the reason why we have come to you and told you exactly what we are going to do is so that everybody knows -- you know, we are not hiding anything from anybody, we don't want to get it zoned in a certain way and then start building different types of buildings, we just want to be open and up front with everybody. So that's why we have requested, since these are permitted uses according to the zoning ordinance, we have requested that they not be conditionally permitted. I do have to seek a Conditional Use Permit from DEQ that is enforced by the health districts. I guess another point to make, Ashley had mentioned that we were going to build a transfer station in five years. We don't know that. We don't know if we are going to build a transfer station. This is a tool that we are going to need to service this community, perhaps, if we have to do long haul transfer of waste out of this town. Now it might be that we need it and it might not, I'm just not sure. But I'm going to tell you up front that this is a thing that we might have to have, Secondly, I guess the first question I'm hoping you will answer tonight is can we get an I-L zone and if the answer is no, I guess the rest of my discussion is sort of mute, but let me go through it anyway. We did do a noise study -- there were some questions that the neighbors have about noise, basically what we did was we came up with a noise survey that we have handed out to you. We used the Latah County transfer station as a surrogate and we took noise measurements. Basically we found that 800 feet away, which would be the nearest residence, you're not going to be able to discern the noise from the traffic on Ten Mile and Ustick. Indeed, the neighbors are impacted by noise and it's noise from traffic and that traffic is going to get worse when Bridgetower goes in and Lochsa Falls and whatever besides Sanitary Services that goes into this parcel, traffic is going to get worse and I don't know what to do about that. And my times about out, I guess that's my comment right there, so I'll leave it at that. Thank you. Corrie: Is there anyone else that would like to testify in favor? Okay. We have Janet -- is the testimony you're about to give the truth, the whole truth, and nothing but the truth, so help you God? Wilder: It is. Corrie: State your name and address. Wilder: Janet Wilder, 3340 North Ten Mile Road. Corrie: Okay. Wilder: I just had a few comments about waste transfer stations. I was curious as to what they were and so I made a trip down to Twin Falls to look at their transfer station Meridian City Council Meeting July 16, 2002 Page 76 of 89 there. I found it out in their industrial area. There were no houses around it. It had Amalgamated Sugar was to one side of it and Monroc was across the street from it. I don't remember what the other businesses were, but in back of it was open space. There were no residential. We were down there -- my daughter went down with me and it was probably 4:00 or 4:30 when we were down there, so we weren't there at the busiest time, but it still was noisy. There was something inside the building that you heard clanking. I don't know what it was, but it was noisy and we were to the street, I don't know how far away it was, but I found it noisy. We did stop at Wendell on the way back and it serves I guess Wendell and Gooding, it's out between Wendell and Gooding, clear out in the country and nothing around it, but a salvage yard or graveyard for cars across the street from it and they did have rubbish piled up in a berm, they had a bunch of refrigerators and appliances piled outside the building and another brush pile that was piled up real high with brush and pallets and things in it. So I certainly don't want to see that in the neighborhood. I don't think this is the place for a waste transfer station. There are too many neighbors. Recently you turned down Blumacs Bar in Old Town Meridian for basically the same reason, just didn't fit in the neighborhood, I would ask you to use the same consideration here. Another concern that I have is medical waste, what sort of hazards are they going to pose for the neighborhood. Let's see. I guess maybe that's it. So thank you. McCandless: Mr. Mayor? Corrie: Mrs. McCandless. McCandless: Mrs. Wilder? Wilder: Yes. McCandless: Would you object to the trucks being out there without the transfer station? Wilder: From what I understand from people that work on the trucks, have anything to do with the trucks themselves when they are empty, that they are very smelly when they are empty. I have -- I know someone that is a mechanic that has worked on them and they just shudder when they have to work on them, because they do contain an odor and so for that reason I probably would be opposed to the trash trucks being there. I think there are some other uses. The office use and that probably wouldn't be objectionable, but there is rodents, you know, that are going to come with smell and trash. Seagulls. Now that's the other thing at the Twin Falls station that we saw were Seagulls present. So, you know, my answer would be, no, I guess, that I wouldn't want to see them there. McCandless: Thank you. Wilder: Okay. Meridian City Council Meeting July 16, 2002 Page 77 of 89 Corrie: Okay. Charles Crane. Is the testimony you're about to give the truth, the whole truth, and nothing but the truth, so help you God? Crane: Yes, it is. Corrie: Name and address, please. Crane: Charles Crane, 3610 West Ustick Road. I'm the human that lives west of this where it's supposed to agricultural. I'd like to characterize this neighborhood as a family neighborhood. There is a new grade school going in on the south side of Ustick that's almost completed now. There is families all over across the street. My house I have a family, I have a child, and the new Bridgetower Subdivision is going to be families. So I don't like to hear this being characterized as an industrial garbage dump. This is a family neighborhood and I disagree strongly with them calling it something else. I'm a little jealous of the Sutherland Farms developers to hear the developer working with the neighborhood voluntarily putting in parks and worrying about fences and berms without neighborhoods trying to force that out of them. I'm a little jealous of that. I would like to see a lot more details on this if it does proceed. The landscape plan for one is not very detailed. I was looking through the city's landscape ordinance and I need a clarification from the Council. The pathways and the greenbelt, I was looking at classifications for uses and you have a class one through five on the land use intensity classifications and in class one we have single family homes and parks. I was wondering what classification the pathway greenbelt would be? Would that be considered a park for this classification as intensity? Nary: Yes. Crane: Yes, it would be? Okay. And then in the city ordinance class five, which is the most intense use, recycling, light industrial listed, So according to the city ordinance, if I read it properly, if you have a class five use next to a class one use, you need to have a 35 foot landscaping zone on that more intense use and their landscaping plan shows no landscaping over on the borders of my property. The most recent one I saw at Planning & Zoning has no landscaping at all. So I would like a lot more detail if this is to progress at all, since there is not a CUP. The one person that hasn't been represented at the meeting is the residence that's very close to this, the Ten Mile transfer -- or the storage unit has a live-in manager there. She did express some nervousness. She didn't want to come to the meeting, because her boss is involved in Bridgetower and she doesn't want to lose her job, but she was very concerned being very close to where this is, right across the Five Mile ditch. Okay. Thank you. Corrie: Any questions? Thank you. Cheryl Hennings? Is the testimony you're about to give the truth, the whole truth, and nothing but the truth, so help you God? Hennings: It is. Corrie: Okay. Your name and address, please. Meridian City Council Meeting July 16, 2002 Page 78 of 89 Hennings: My name is Cheryl Hennings and I live at 2696 North Morello here in Meridian. Seven months ago I spent two enjoyable days meeting all of the people in my subdivision as I went door to door collecting petition signatures against what was being propose for the property at the corner of Ten Mile and Ustick. One of my new neighbors signed the petition, but informed me that what I was doing was useless and would make absolutely no difference. I was shocked. He just shook his head as I left. Well, nothing has changed since those two cold days in January, except when I went around the two days it was really really hot. My neighbors continue to support efforts to have this parcel zoned in such a way that the integrity of our part of town not be compromised and my skeptical neighbor still shakes his head and now smiles at the same time. We maintain that industrial as it stands is not appropriate for this land. Mixed use or less would give us peace of mind that each and every request would have to meet conditional use criteria. This vulnerable piece of property needs the utmost development protection. This is the wrong location for a waste transfer station and recycling facility. Communities throughout our state have located their waste transfer stations well outside of their towns, not in the midst of existing residential development. And for good reason. Despite the optimistic statements given, there will be debris, there will be noise, there will be odor, more than we already have. We already live with cows and the treatment plant and that's plenty. And there will be a significant increase in large truck traffic. Meridian neighborhoods are protected from noise pollutions in her own ordinance. Please protect this piece of property, the surrounding neighborhoods, and the community from inappropriate development. Thank you. Corrie: Thank you. I can't read this -- the first name is George, Name last? George: John George. Corrie: John George. Is the testimony you're about to give the truth, the whole truth, and nothing but the truth, so help you God? George: It is. Corrie: Okay. Name and address, please. George: John George, 3070 North Turnberry Way. I'm also a board member of the homeowners association for Dakota Ridge, approximately 1/8th of a mile west of the proposed site. Pretty much the facts that I have to bring to your attention have been mentioned. Let me emphasize on the trash truck traffic. At the Planning and Zoning Committee meeting we figured as a group there would be approximately 100 trips per day -- 100 trips per day within a five-year period. The safety issue with Ponderosa Elementary School going in, again, I'd like to emphasize that. Children going home on their bicycles, walking along the roads with that increased traffic is a big concern. The stench -- basically I don't care how you camouflage it, it's a dump. We as an association do not want this facility built. We ask that you deny admitting I-L zoning. Thank you very much. Meridian City Council Meeting July 16, 2002 Page 79 of 89 Corrie: Thank you. Mark Reese. Is the testimony you're about to give the truth, the whole truth, and nothing but the truth, so help you God? Reese: I do. Corrie: Name and address, please. Reese: My name is Mark Reese. I live at 3081 North Dakota Ridge -- sorry. North Turnberry Way in Dakota Ridge. I deny from many reasons. It seems to be that's a very illogical thing to put a dump site in an industrial area and not mix in a place where people live, so urge you to think carefully and deny. Thank you. Corrie: Thank you. Mark Madsen. Dana Borquist. Is the testimony you're about to give the truth, the whole truth, and nothing but the truth, so help you God? Borquist: Yes, it is. Corrie: Name and address, please. Borquist: Dana Borquist. 3125 West Gallant Court in the Hartford Subdivision. It's a new Hubble Homes subdivision. First of all, I'd like to say when we went to the Hubble Home office asking what was going to be potentially built in that new -- in that field to the west of us, they told us a nice city park. We dealt with Hubble, but I'm not associated with Hubble, but I can't say for sure, but I'll bet you anything if you go in there tomorrow and ask the gals that work in that office, they will tell you a park is going to be built over there and that's all. It's really misleading. I am definitely against this waste transfer treatment center going in in this area. I know that the applicant needs this business, I know that we all need it as consumers, but this is not the right place for it and if you look at all the beautiful homes that picture showed and then the yellow building, it just does not go with the neighborhood. I understand we live close to the wastewater treatment center. However, if the zoning shown is proper -- and it sounds like it is and they are trying to change the zoning that's already in place, you can have storage units or offices -- plenty of people will have their business there as far as warehousing or things like that, it's not going to be a problem to find potential customers. I would also like to publicly thank the Planning and Zoning Commission for listening to us and denying this request or saying they are against it. I don't know exactly the right terms to say, but it kind of shows that if people get together and have a cause that sometimes they are heard and I appreciate that and I appreciate your time in this matter. I would just like to ask you to honestly to sit down and think if you were living in our neighborhoods if you would want this in your backyard and I know the answer would be no. Again, I would like to thank you for your consideration in denying this for the applicant. There are many other places I think that is proper. They might have to spend a little more money and a little more time finding those places, but they do exist. Thank you. Meridian City Council Meeting July 16, 2002 Page 80 of 89 Corrie: Thank you. That takes care of the ones that signed up. Is there anyone else from the public that would like to issue testimony? Yes. Is the testimony you're about to give the truth, the whole truth, and nothing but the truth, so help you God? Cody: Yes. Corrie: Name and address, please. Cody: My name is Charles Cody. I live at 3691 West Niemann. That's in Dakota Ridge Subdivision. And I have a couple concerns by this type of operation. I find that this is the first time in my experience of anywhere I have lived that this type of operation was trying to move into an established neighborhood. Usually the complaint is the neighbors moving into these places knowing that this operation was, in fact, there and they had no complaints. Most of the neighbors have made it very clear how we feel on this and for the health reasons and such and such. I have a couple of points that I would like to also make. First of all, Steve did make a statement here tonight that he wasn't trying to hide anything and I think that's pretty much true, because you just can't hide a dump. The birds will seek it out, the rodents and the stench and the noise. Then there was a cover up -- and everybody realizes once you let a cat out of the bag -- it's easy to let the cat out of the bag, but it's awful hard to put it back and who is going to have to patrol for this? Once these things are in operation you have a tendency to forget about the controls and forget about the neighbors and it progressively gets bigger and bigger and they talk about a recycling center here also and they don't want to talk about the noise. With every recycling center I have ever went to all the operators have earmuffs on. Well, I don't understand that. If it isn't going to go into the neighborhood, why would they be concerned about noise? Then they discuss about a path, they wanted to pave a path and make it look nice. A path to where? Who is going to walk a path in a dump area next to a waste treatment plant? Maybe the homeless or the dope dealers. I don't know. I sure certainly wouldn't want to find out. Well, that just about has it with me. I just feel that this is not a healthy situation to put in a neighborhood. It doesn't have their problems. I sympathize with Steve and his operation. As has been stated here tonight, we do need it, but also, again, as has been stated, this is not the place to put this type of operation. Thank you. Corrie: Thank you. Anyone else? Okay. Council, questions while the Public Hearing is still open? Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Is Mrs. Stiles here? Corrie: Oh, I forgot. Steve, you do have five minutes here after we are -- for some of the questions that the people have brought up. I apologize. Meridian City Council Meeting July 16, 2002 Page 81 of 89 Ford: Ashley Ford. Well, you have listened to me talk a lot and we could get Steve back up here, but he has given me some of his notes and let me be the bad guy up here. One thing that I did forget to note in my presentation was that we were going -- we are not going through a CUP process, but, yes, we are asking that the Council consider this as a part of our development agreement, which is essentially going to be the same as going through a conditional use process. Staff has even made the statement in the staff report that we had submitted all the requirements of a CUP application, the landscape plan, the elevations, et cetera, and so hopefully if you look at your annexation, if you do decide to agree to approve that tonight, then we can work out the details and put it in the development agreement. It is a legally binding document. Regarding the trash, you know, I guess there is trash at some waste transfer stations. This one will not. Yes, residents can come and drop off their trash to this waste transfer station, but it won't be left at the gate like some of these other stations are allowed to do. Steve has a lot of pride in his business and will not allow that. Also we are subject to conditions of approval, so at anytime if we are not complying with the conditions of approval of Meridian staff and Planning and Zoning, they and all the other agencies, that our permits can be pulled, plain and simple. So you can make that a condition of approval. Regarding the landscaping on the southwest border along Mr. Crane, we will meet any landscaping requirements of the ordinance. Plain and simple. We will meet that. If that's your requirement, we will be there. Regarding traffic, like I said, we meet ACHD standards. A hundred trips per day, that's really nothing on minor arterials, as we all know. Minor arterials can hold up to 15,000 vehicle trips per day. We know that this portion of Ustick will be made into four lanes. When that will happen I don't know, but we know that that -- it is classified as a minor arterial, that is the purpose of those arterials is to take the traffic. I heard many residents say this is a dump. This is not a dump. This is a waste transfer station. Basically it's trucks -- it's smaller trucks loading the trash into -- compacted trash, like a brick, into larger trucks. It's in the facility. It's confined to the facility within concrete walls. That's what needs to be understood. In regards to Steve's comments, transfer stations are mostly in rural areas, Unfortunately, there are few rural areas remaining in Meridian. They are looking at all zoned property in Meridian. We don't collect medical waste. There is a small amount in residential waste -- the residential waste stream, there is no impact to the public and others. There have been no complaints from the current facility and they are only 75 feet away from a 4-plex and, once again, we will have to meet all the regulations for odor and noise and litter, with all the agencies, DEQ, Central District Health, et cetera. And I'll be happy to stand for any questions. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Ms. Ford, I'm curious. An issue that was of some concern to the Planning and Zoning Commission was the definition of light industrial and how this facility as a waste transfer station -- I don't know that there was discussion in regards to the parking lot for trucks. Since this is a waste transfer station, we have the definition that talked about hazards and objectionable elements, such as noise, odors, dust, and that it is operated Meridian City Council Meeting July 16, 2002 Page 82 of 89 entirely within an enclosed structure. What I heard you say earlier is that you don't want this to be an enclosed structure, you want it to be open on one side. Ford: Open on one side, that's true, but the transfer takes place within a concrete -- within concrete walls which is further back into the facility. Nary: But I think what's contemplated by the ordinance is a building, Ford: If that's a make or break situation on this, we will put a door in it. What we are trying to explain is during normal business hours that would be open due to the trucks moving in and so forth. So that would be Council's call. We will comply with conditions that you place on us. Waste transfer stations don't have that third door, but -- Corrie: Any questions? Ford: Thank you. Nary: Mrs. Stiles, I was just curious, I guess. I wondered if we were going to fight this battle forever, but under the new zone in the new comp plan, if they started all over again once that is finalized, wouldn't this fit within those -- what's contemplated there? I think it was fairly left wide open. Couldn't we basically be back having the same discussion again? Stiles: Well, the uses that were proposed for that Mixed Use Wastewater Treatment Plant area were the ones that are listed in Ashley's letter of June 7, 2002. Those are the ones that were discussed with the professional office use, warehousing, flex space use, office warehouse use, business park use, and mini-storage. Nary: I guess my question is is that if we were to deny this application based on the reasoning that the Planning and Zoning Commission used that it didn't fit the light industrial zone, once the new Comprehensive Plan was in place it would, in theory, fit in that -- in the zone that's contemplated for that area at that point, so we would still be arguing about the conditional use, but we wouldn't be arguing about zone; is that correct? Stiles: I think there are light industrial uses within those uses I just discussed, but some of those would fit within that light industrial use, yes. Nary: Thank you. Corrie: Tom. Kuntz: Mr. Mayor and Council, just to go on public record in regards to the preliminary plat, the parks staff recommends a pathway -- ten foot wide pathway with a 30 foot easement buffer along the Nine Mile -- excuse me -- Five Mile Creek, because it is a main corridor -- pedestrian corridor that will link up to Tulley Park, will link up with Meridian City Council Meeting July 16, 2002 Page 83 of 89 Bridgetower, will link up with Meridian Road, which is currently linked with Tulley Park now. It's important that we have landscaped easements so that people will use it, but we also feel like there needs to be a pedestrian pathway along the Nine Mile to service the subdivision south of Llstick Road to link up with the Five Mile Creek Pathway. Also in comments we have asked for the developer to bond or put in place monies to help pay for a bridge, pedestrian bridge, that would go across Nine Mile. And those comments are all contained in the Planning and Zoning prior meetings. Thank you, Mayor. Corrie: Okay. Thank you. Any other questions from Council? Bird: I have none. Corrie: Okay. I will entertain a motion to close the Public Hearing. McCandless: Mr. Mayor, so moved. Corrie: Mrs. McCandless moved. Do I hear a second? Nary: Second. Corrie: Okay. Motion has been made and seconded to close the Public Hearing. Any further discussion? All in favor? De Weerd: Mr. Mayor? Corrie: Mrs, de Weerd. De Weerd: Staff has said something that it looks like the applicant would like to respond to. I think the applicant should have that chance. Corrie: I'm sorry. I didn't even see you. Okay. Ford: Thank you. Make this brief. Regarding the ten foot paved pathway, we were going to do that along the Five Mile, we agreed to that, we just want clarification as to why it needed to be ten feet. Regarding the Nine Mile, regarding the bridge, this is the first we have heard of a bridge. And, second, regarding the Nine Mile -- the conditions of staff, they have made the recommendation that that can go away, because it doesn't lead anywhere and it doesn't make a lot of sense for the site. So we are in partial agreement with that condition. Like I said, I just wanted some clarification from Tom Kuntz on the nine feet. But the bridge, this is news to us and we request that that be deleted. Corrie: Tom? Kuntz: Mayor and Council, the ten foot wide hard surface pathways is a standard that we have adopted. There is other developments that we can show to verify that to the developer. The bridge issue, there is nothing new. If you go back through our comments Meridian City Council Meeting July 16, 2002 Page 84 of 89 to Planning and Zoning, I can show the developer that the bridge was an issue and is an issue. And, again, we -- the parks staff feels like the link to the Five Mile Creek pathway along the Nine Mile is important for those subdivisions, Dakota Ridge, Inglewood to the south, so that the kids don't have to go to the intersection and go up to the Five Mile. Now that link may not have to be ten foot wide, we certainly can discuss that issue, but those comments, again, were made twice to the Planning and Zoning, so there is nothing new. Ford: And just one last comment. The comment regarding -- I haven't seen the memo, so -- we came in on this project a little bit later, so that might be my miscommunication. I apologize for that. But, second, we would like just to reiterate that the Nine Mile pathway does not go anywhere to the subdivisions to the south. It would end right into Ustick, so that's just what I'd like to get on the record. Thank you. Corrie: Okay. Any other discussions? Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Just to make note, Mr. Kuntz's comments are here on -- dated April 17th to the Planning and Zoning Commission and it talks about the ten foot wide path along the Five Mile and Nine Mile drain and then that they have to provide a letter of credit for one half construction of the future pedestrian bridge over the Nine Mile Drain and there isn't a finding by Planning and Zoning Commission, they recommend denying it, so there isn't any finding by them to consider that, so -- Kuntz: Mr. Mayor, the other memo is dated October 11th, 2001. Thank you. Corrie: Okay. Any other discussion? Okay. All in favor of the motion say aye. Okay. Ayes motion is approved. The hearing is approved. And discussion, comments. Okay. MOTION CARRIED: ALL AYES. Nary: Mr. Mayor: Corrie: Mr. Nary. Nary: I have heard this application a lot and unlike many of the applications that we get, I think from -- if you look at what we saw last year and what we see now, you wouldn't recognize it as the same application. So I do appreciate the attempt and the work that has gone in to try to make this work and trying to do everything they can, which would be as far away from these homes as it could be. If it's contained within a building, it probably is not going to have the impact that people think as the transfer station will in Twin Falls or somewhere else. The landscaping is better than what we get around an office. I mean there is a tremendous amount of work that's gone in to try and get this to Meridian City Council Meeting July 16, 2002 Page 85 of 89 mediate the problems that have been addressed for the last eight or nine months. But sometimes I just can't -- no matter what you do, I don't think you can make this work. I just don't think we will ever not listen to people that hate this project in that spot and that's my concern. And the problem is now Hubble Homes told us a year ago we think it's great, we love it, and now I have really no doubt what the gentleman says that probably someone told them it was going to be a park. They have been saying it's going to be a park for last the nine years in that spot, even though it hasn't been proposed to be a park for about eight. So the problem is is that now we are building homes that those people that have bought those homes have no idea that's what was going to be there and it's the same problem we had. If this was built a year ago those homes aren't there, now they are. The more and more this gets delayed -- and that's not anyone's -- it's SSC's fault, it's not the developer's fault, it's anybody's fault, it just is. But it just -- I just have a hard time saying this is going to work. I recognize they have done everything they can. I don't fault them for anything they have tried to do and this is just one of those places that it just -- just aren't going to convince those people that live there that this can work. It just is that difficult to want to annex this property and do that. And, again, I know we can fight this battle again, because I think the Mixed Use Wastewater Treatment Plant zone will allow for this use again and I understand all those things and I don't have a concern that SSC can't manage their property, because they manage all their property well, their contract is with the city, the people that enforce it is us. But I just -- I guess I just feel in my gut that annexing this property and putting this there is just -- it's just a rock we don't want to turn over. McCandless: Mr. Mayor? Corrie: Mrs. McCandless. McCandless: As hard as it is, Steve and Bill run a wonderful, great business. They really do. I wish you all knew how well they run that. You know, sitting up here it's awfully hard to not listen to the people that live out there. I wish I could tell you where a better place is for you. I can't. I don't know. But I sort of agree with Bill Nary. I don't know what else to say. It's one of the hardest decisions I have ever had to make. De Weerd: It's always hard for me not to comment. I was against the text change amendment to begin with. I live out in that area. I don't see a problem with the waste treatment plant or a transfer station next to our sewer treatment plan. It's one of those things of what other kind of compatible use can you have and I have kids that will go to Ponderosa, too. That's not what bothers me. I think that what they have done is, just like Councilman Nary said, they totally turned this application around and, actually, that's the beauty of the public process is -- I know I have seen the faces here a number of times and they are the reason it looks like that, but, too, I think that it's kind of at the point where I don't know if they could do anything more to still make it appeasing to the surrounding neighborhood. This is a very residential area and people moved in there knowing about the sewer treatment plan and they are living with it. I can't compound that, whether I personally would agree that this would be a good use or not. I do think that our city is going to have to work with one of the service providers in trying to find a Meridian City Council Meeting July 16, 2002 Page 86 of 89 place for it and a place where we can have temporary sewer or something that will serve it in an industrial area, because that is the appropriate use for it, is a heavy industrial area and not a light industrial area. And even with the new language that I didn't support, this still doesn't fit with that new language. So I don't know what else to say, other than the integrity of SSC is beyond reproach. They are a top notch company. We saw the company and I think many of you did before they took it over. They have put a whole new definition of this company and really cleaned up its image. I'm not concerned about them, even as long as they are owners, but, unfortunately, some things change and I can't say anymore. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I would say one other thing and probably not very popular, but no one ever that sits here is popular all the time. You know, I think for most people I think we recognize that's a single lot, there are other spots, we'll just find somewhere else, The impact to the rest of our city would be that potentially we are going to have to pay higher costs for trash, because they are going to have to put it in a spot that's further out of town to be able to do the same thing where you want. So, understand, that is the impact it has and that's okay and that's something that's part of life, too, but that is the impact and that is something that we have to weigh as well, but, you know, like I said, I think it's just one of those things that just no matter how many ways you try to dress up this pig, it still looks like a pig. Sorry. We have been here all day-- De Weerd: We have been together all day long, you know, and we are starting to really -- Nary: It's just one of those things. Sorry. Corrie: Any other comments? Bird: I have none. Corrie: Okay. I don't usually say anything, but I'm going to this time. Tammy mentioned that if it doesn't pass tonight that the city needs to help find a spot for these people, because at the present time the properties are outrageously high for anything of this nature right now and Mr. Nary is absolutely right, if they have to pay an enormous price for land, you're going to have to pay more for the trash hauling business and, again, they are a tremendous company, they have turned a 360 as far as collecting trash and being good neighbors as a business. So which ever way this vote comes out, I will do my best and I'm sure the Council will, too, if they vote negative on this, that we find them a place and at least get some sewer and water to them where they can put it in a different place. So I think that that being said, I think the Council knows where I'm coming from and what I would -- how I would vote. So we will see how they vote and whether I do or not. So I guess with that being said, we call for the question -- and I Meridian City Council Meeting July 16, 2002 Page 87 of 89 think we have -- we will have a vote. Okay. I need to have a motion for the request or annexation on Utility Subdivision. Nary: Oh, I will do it, Mr. Mayor. I would move that we deny AZ 01-015, request for annexation and zoning of 34.60 acres from RUT to I-L and L-O zones for the proposed Utility Subdivision by Falcon Creek, LLC, pursuant to staff comments and the recommendation of the Planning and Zoning Commission and for council to prepare Findings of Fact and Conclusions of Law and Decision and Order. De Weerd: Second. Corrie: Motion has been made and seconded. Any further discussion? Hearing none, roll-call vote, Mr. Berg. Roll-call vote: McCandless, aye; Nary, aye; DeWeerd, aye; Bird, aye. MOTION CARRIED: ALL AYES. Corrie: Four ayes. You don't have to hear what I had to say. All right. I will now entertain a motion for the preliminary plat. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I move that we deny PP 01-017, request for preliminary plat approval of 11 building lots on 34.60 acres in a proposed I-L and L-O zone for the proposed Utility Subdivision by Falcon Creek, LLC., pursuant to the recommendations of the Planning and Zoning Commission and staff comments and the testimony here tonight and for Findings of Facts and Conclusions of Law and Decision and Order to that effect. De Weerd: I second it. Corrie: Motion has been made and seconded. Any further discussion? De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I probably don't have any discussion on the particular motion, but I do have a comment. Corrie: Okay. De Weerd: When this text change came through, I think we sent the application -- or the applicant a mixed message and also, you know, these neighbors have invested a lot of i I Meridian City Council Meeting July 16, 2002 Page 88 of 89 time in this and, boy, the applicant has invested a lot of time with it. I don't know when Council approved the text amendment what they had in mind, but what they approved was this application that was in front of them, so I guess I'm a little confused as to the turn around and that we need to be a little bit clearer on expectations when we ask people to invest a lot of their time and effort, whether it's the neighbors or the applicant. Like I said, I have seen these faces in here and you have invested a lot of your time and the applicant has invested a lot of their time and money to try and make this work. So I think we need to start doing a better job in letting people know the directions that we are going and I'm not just saying that because I voted no, but I am concerned that it has gone on to P&Z, to City Council, after that point and it's a mixed message that we had out there, so -- Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I think I've probably heard this more than everybody, but -- and the text amendment was my motion at Planning and Zoning and my motion here, but in my opinion we have never given anybody the impression that this was a done deal, that this was an easy road. We said over and over and over you need to convince those people that live there that this can work and as much as they tried -- and I have said it over and over, too, they have tried, it just isn't going to work. But we never, in my opinion, ever gave anybody the impression that this was going into effect. We agreed to the text amendment because there wasn't anything to prohibit it, but we have said unless you can convince the people in that room right here, the same people that are just like you that this is a good deal, it won't happen. This isn't going to work. So I don't think we sent a mixed message. I think we said the process requires it and we would follow the process and said when we get to the end of the day we will see what happens and this is what happened, so -- Corrie: Okay. De Weerd: I will call for the question. Corrie: The question has been called for. Mr. Berg. Roll-call vote: McCandless, aye; Nary, aye; DeWeerd, aye; Bird, aye. Corrie: All ayes. Request for preliminary plat is denied. MOTION CARRIED: ALL AYES. Corrie: Okay. That concludes the City Council agenda for July 16th. Council, I will entertain a motion to close the Public Hearing -- or close the -- De Weerd: Mr. Mayor, I move we adjourn. Meridian City Council Meeting July 16,2002 Page 89 of 89 Bird: I second it. Corrie: All in favor say aye. MOTION CARRIED: ALL AYES. Corrie: See you at 9:30 in the morning. MEETING ADJOURNED AT 9:30 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: OS I Q(p I O~ T D. CORRIE, MAYOR DATE APPROVED \\\\\1111'11111/ \\\\ f !I~.- /11 ","_1 0 IV1cRID III11 " "",' '/.,ctf 1/ .:;:....... () or'-PORIj /; It- I~ JL 2 ~(j ('0 "S ~~ ::: ~ ~ ... ~ ~ ~ATTESTED: ~~ ~ "7. 8> ~ WILLIAM G. BERG, JR., ITY CLERK :;:. c.Q ~o2 Y:',..."1A uSr 1S\ . -<' $ ~ v..., :\" .::: -9<.- -1 C .zv ,.::;..... -/., 01 ,~ 1'C'( \\ Ijll/.. ~~.':." :~o ,'\\\\\\ i'J ". ' G(u .Jo\v\_ \la , ~~. Item Ffacket Pickup Ori cf (J v /" '-- C, 'V'4 ('. ~ AGREEMENT f --- flp -02.. e(e PARTIES: 1. 2. City of Meridian Retail West Properties, LLC ~/'-f/... THIS AGRE~MENT (this "Agreement"), is made and entered into this 0 - day of d I~ ' 2002, by and between CITY OF MERIDIAN, a municipal corpo tIOn of the State ofIdaho, hereafter called "CITY", and RETAIL WEST PROEPRTIES, LLC, hereinafter called "RETAIL", whose address is Boise City National Bank Building, 805 West Idaho, Suite 302, Boise, Idaho 83702. 1. \VHEREAS, "RETAIL" made representations at the public hearings before the Meridian City Council, as to the preliminary concept report with Eastboume Development on the Ten Mile Interchange; and 2. WHEREAS, "CITY" is desirous of the information on the preliminary concept report for the "INTERCHANGE" in order to facilitate a plan for growth within the City of Meridian, and to provide essential public services to an area that is expected to develop. 3. WHEREAS, "CITY" agrees to reimburse "RETAIL" for one-half (112) the cost of the proposal but shall not exceed $40,000.00 for "CITY's" portion, and "CITY" considers the cost as an effic:ent and appropriate use of "CITY' resources to obtain the results of the study, and is consistent with the "CITY's" planning objectives. 4. WHEREAS, "CITY" and "RETAIL" deem it to be in its best interest to be able . to enter into this Agreement and acknowledges that this Agreement is entered into voluntarily; and NOW, THEREFORE, in consideration of the covenants and conditions as set forth herein, the parties agree as follows: 5. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 6. "RETAIL" shall contract with Earth Tech, Inc., Gary R. Funkhouser Program Director, of which a copy of the Preliminary Concept Report for the Ten Mile Interchange is attached hereto as Exhibit "A" consisting of eleven (11) pages, and AGREEMENT TEN MILE INTERCHANGE . I incorporated as if set forth in full hereat, for certain planning services for the study, and said planning to include the following services: Power Engineers-Environmental Studies, Porter's Land Surveying-Topographic Surveys, The Land Group-Landscape Architects, Terracon-Geotechnical Investigations, and Peyron & Associates-Public Participation. 7. "CITY" shall reimburse "RETAIL", upon completion of the study in an amount equal to one-half of the cost of obtaining that study, but in any case not to exceed $40,000.00. 8. DEF A UL T: If, through any cause, "RETAIL" shall fail to fulfill in a timely and proper manner any obligations under this agreement, or if "RETAIL" shall violate any of the covenants, agreements or stipulations of this agreement, the "CITY" shall have the right to terminate this agreement by giving written notice to "RETAIL" of such termination, and specifying the effective date thereof, but such notice must be sent to "RETAIL" no later than 15 days before the effective date of termination of the agreement. In that event, all finished or unfinished documents, or other notes or drafts prepared by "RETAIL:" under this agreement, at the option of the "CITY", shall become "CITY" property. Nothing shall relieve the "CITY" from its obligation to pay compensation as set forth above. 9. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: RETAIL: c/o City Engineer City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 Retail West Properties, LLC c/o P. Eric Davis Boise City National Bank Building 805 West Idaho, Suite 302 Boise, Idaho 83702 with copy to: City Clerk City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 9.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. AGREEMENT TEN MILE INTERCHANGE - 2 1 O. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 11. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 12. BINDING EFFECT: The provisions hereof shall bind and inure to the benefit of the parties hereto and their respective successors and assigns. 13 . INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 14. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "RETAIL" and "CITY" relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between "RETAIL" and "CITY", other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to "CITY", to a duly adopted ordinance or resolution of "CITY". 15. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective at such time as both parties have execute this Agreement. AGREEMENT TEN MILE INTERCHANGE - 3 ACK1~OWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. Attest: BY: P. Eric BY: Attest: CITY OF MERIDIAN ~.d.t:f 60 el'l., t!i7~c.2t. 7-/6-02- \ \ \ \ \ liT! fIliI I, II ", . MIll \",-{ of fRID 1111/ .::-" ,<.. '4. /// $'" () or\poR,.j h '1-- ~ ~ ~(j (;0 -:;. ~ ~ ~ - ~ - ~ = = = = - - AGREEMENT TEN MILE INTERCHANGE - 4 STATE OF IDAHO ) ss COUNTY OF ADA ) On this 1 q +t--' day of ~cy , in the year 2002, before me, ~\116J-(If"Yl._ ~2:..+e.......-/ a Notary Public, personally appeared P. Eric Davis and , known or identified to me to be the President and -- of Retail West Properties, LLC, who executed the instrument and acknowledged to me that they executed the same on behalf of said Retail West Properties, LLC. (SEAL) ........ ..". Q_:t{_~l:.. ..~ 'l'A ~~. .~~,..:;.. 0 - "4'(' ;\:e~. it t/; I y- .,... ~,.....,a . I \ Do . , JI · I f II .. I L lit .. \ III .. \ .. ". &'.. A_ ~.~ . ....::_UBL)..~ . .. ~.,.;.----- .. ....4OFlP... ."....... ~(zauyz Jmz'#LJ Notary Public for Idaho ~. 1 $ L 1 Residing at: ~tA ~~ Commission expires: 1 ~ ;2 S-05 STATE OF IDAHO ) :ss COUNTY OF ADA ) On this \C\ -""'-' day of ~ ,in the year 2002, before me, a Notary Public, personally appeare Rober . Corne and Wilham G. Berg, Jr. , known or identified to me to be the Mayor and Clerk, respectively, ofthe City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said ~>>J~nm6'~owledged to me that such City executed the same. ~<'><'.; 51 1\.. OJ.. .;.t~ ~~!I>'I; ~\ ~OQO<!l{\€l ~,~..~,,~, 4> ,.,. ,,0 00 ".//.\ . ~ !ij 00 ('I" 10- I(Ji ~ C . r-:-t I a ,,' !i 0 ~OJlh~' <:I ' :: 8 ".... ~ ,.y' ~ .. -'- 0 :0 .',' :: P{ : ~O~ n " ..." r " (SEAL) ~ ~ Pun" "';,:~ ,; .., '" ~;J ;'i ' ~ ,0 0,,- ..:fr/ r')" .' """ "'~'...", "F " c, ~"'.,4 ~~ ~.,~/._o .,.}._ <c; ~- ..-:~-::; ,.~ ~4: ..j.e O~ y ~ '7.?~:.u;~ ~C\\.~ C\. ~ h~ Notary Public for Idaho Commission expires: l6~ c9 'c3~ .~~ 0 '. 1A0v~\~ Z:IWork\t-<l\McridianIMeridian I 5360M\TEN M[LE INTERCHANGE\Agreement.doc AGREEMENT TEN MILE INTERCHANGE - 5 ~07' E. Fr~nkltn ( u, Suite .~Ol. M"fiJi~n. lJ~hll S.l(;~' February 5, 2002 Eric Da vis Retail West Properties 805 W. ldaho Suite 302 Boise, Idaho 83702 RE: Proposal Request Preliminary Concept Reportfor the Ten Mile Interchange Dear Mr. Davis: Earth Tech, Inc. is pleased to submit this revised Scope and cost estimate for the Preliminary Concept Report for the Ten Mile Interchange. We have assembled a team of experts with the dedication and vision to ensure the successful delivery of this project. Our team will provide support throughout the design phase of the project. Our team includes the following professionals: Power Engineers Environmental Studies Jim Jensen (208) 378-0022 Porter's Land Surveying Topographic SUnJeys Clyde Porter (208) 344-3650 The Land Group Landscape Architecture Dave Koga (208) 939-404/ Terracon Geotechnical Investigations Mike Merhar (208) 323-9520 Peyron & Associates Public Participation Scott Peyron (208) 388-3800 Not all of the above professionals will be utilized in the preliminary concept phase of the project. Earth Tech will make the Ten Mile Interchange project our top priority. We commit that our Project Manager (Dan Thompson, PE) and key personnel will meet the Eastboume's quality and schedule expectations. If you have any questions during the evaluation process, please do no hesitate to contact either Dan Thompson or myself at 208-855-2000. Very truly yours, Earth Te~> ./"f (............;{. ~ VZ--.. " ?ary R. .Znkhouser, PE pro-grail Director LOr""p1DizD<:vl~"'l'.IAcI.lOok<x,.IOMiI""P",p/RfP.IE';s ART H @ T H :U5ID~ c E Ej{;h~b ~+ ,t A tI 1 o-P 11 Telephone ~o8.8'i5.2000' Facsimile: 2n8.8S5.206o, AZ-<<IOO.171 C^ . "6411139 SCOPE OF WORK TEN MILE ROAD INTERCHANGE Introduction This scope of work has been prepared to demonstrate Earth Tech's approach to the project development of the Ten Mile Interchange Project. The detailed scope of work has been prepared from site visits, discussions with ITD, and OUf understanding of IT'D procedures and practices. There are six major tasks involved with the work. They are: Task 1 - Pre-operations Conference and Administration Task 2 - Inventory, Data Collection, and Supplemental Field Surveys Task 3 - Soil and Material Investigations Task 4 - Preliminary Investigations Task 5 - Preliminary Environmental Investigations Task 6 - Preliminary Concept Report Task 7 - Public Participation Our understanding is that the scope of work for the project is only through the preparation and submittal of the Preliminary Concept Report. Our approach to the project will be to keep all participants, proposed project partners and stakeholders informed of all key decisions as they are being developed. All of the key aspects will have been discussed with Eastboume, ITD, FHVf A and local agencies as the Preliminary Concept is being developed. Decisions will be documented and required concurrence will be obtained prior to incorporation into the document. 1 PRE-OPERATIONS CONFERENCE AND ADMlNISTRA TION This task will serve to initiate the project, clarify all standards and requirements, and establish project protocol. 1.1 General Administration This task will consist of the daily management of the project and involves administrative tasks of a general nature that are required of the Consultant during the course of project development, including Subconsultanr administration and setting up project accounting procedures. EARTH@r E C H ,\ tllCD ;rl'r..tl-LI,1~:.'.f H'" .' "'~'H. 1 Ex.1r"b;+ "A'l a 0+ 11 1.2 Pre~Operations Conference Earth Tech representatives, including the project manager and key project engineers, IT'D, ACHD and FHW A, will attend the conference. At this meeting, the scope of work, contract terms, etc. will be reviewed to assure a thorough understanding by all parties and project responsibilities, assigned project schedules, deadlines, and deliverables will also be reviewed. A site reconnaissance will be conducted. Review areas of concern, key design issues and project Coordination issues with team members. Prepare field notes of issues discussed. Discuss possible interchange configurations. Responsible Parties: Eastboume, Earth Tech, ITD, FHWA 1.3 Coordination and Meetings Weekly meetings will be held with team members to discuss progress and determine needs for the following week. ET will hold Biweekly meetings with the client to discuss progress. To keep the project on a fast track schedule, Earth Tech will coordinate all aspects of the project with the decision making agencies (ITD, ACHD, FHW A) to make sure key decisions are made in a timely fashion. 2 INVENTORY, DATA COLLECTION AND FIELD SURVEYS This task consists of field survey work, other data collection, required for developing the Preliminary Concept for the project. It is our understanding that minimal survey work has been done in the proposed interchange area. We have assumed that the COillASS ortho photos will be available to use as a base map. 2.1 Review Existing Survey Data Existing survey data (control, mapping of adjacent property) will be obtained from Eastbourne, COlYfPASS and ITD. The project manager and team members will review this data to detennine the type of information available and any additional data requirements. This information will be used to. develop base mapping for the project. Responsible Party: Earth Tech 2.2 Base Map The Consultant will acquire a scaled aerial photo from CO:tv1PASS to augment the base infonnation required for the Preliminary Concept Study. Verify and locate survey control established for the aerial mapping. 2.3 Obtain and Review Existing Alignment Data II Obtain existing survey data and control; electronic copies of base maps, aerial Mapping; and existing right-of-way maps, highway construction plans, record of surveys, deeds for adjacent/affected properties, and tax assessor maps and Zoning data. II Obtain previous studies and reports that have been developed for or related to the Project. ~AATH@T"CH .1 tqCOr'...,H,i.W:I-'1.\.f .l~,.. tl"'~1 2 E iCh ~ b ~ -\- nAil 3 of' 1\ · Obtain relevant planning documents from lTD, ACHD, COMPASS and other agencies, as appropriate. · Contact appropriate agencies and individuals to obtain existing data that may be useful in the development of the Project. Responsible Party: Eanh Tech 3 SOILS AND MATERIALS INVESTIGATION Geological reconnaissance and geotechnical investigations are specifically excluded from this Scope of Work. 4 PRELIMINARY INVESTIGATIONS This task consists of the establishment of engineering requirements for preliminary design, and wiII include the preliminary studies identified below. The foIIowing assumptions have been made in developing this scope: · A maximum of three preliminary alignments will be included In the Preliminary Concept Report. · -ITD has gathered traffic data and future projections for all segments of the roadway and at the interchange area. It is assumed that this data will be adequate for Earth Tech's use in preparing the traffic study. No additional projections or counts are anticipated. 4.1 Utility Investigations Utility companies wi II be contacted to obtain existing records of utilities within the project limits. This information will be used in conjunction with field survey data to determine actual utility locations within the project limits. Incorporation of utilities within the design will be investigated. Responsible Party: Earth Tech 4.2 Obtain Existing Data · Obtain existing survey data and control; electronic copies of base maps, aerial mapping; and existing right-of-way maps, highway construction plans, record of surveys, deeds for adjacent/affected properties, and tax assessor maps and zoning data. III Obtain previous studies and reports that have been developed for or related to the Project. III Obtain relevant planning documents from ITD, City of Meridian, COtvfPASS and other agencies, as appropriate. III Contact appropriate agencies and individuals to obtain existing data that may be useful in the development of the Project. EARIH@TECH .~ tl/ca Wf(/ L:(''''1~'.'.:.J ,,,, ,.""r1tu".' 3 &1;6;+" All LJ oP 11 4.3 Traffic Studies Traffic studies will need to be completed for the project to support proposed standards and construction requirements. IT'D has also indicated they would lik~ to know what improvements on 1-84 would be needed to support an interchange at this location. Will construction be needed on 1-84? A traffic report answering Eastboume and ITD's concerns will be prepared. Responsible Party: Eanh Tech Deliverable: Traffic Report 4.2.1 Review Traffic Volumes, Studies, and Projections Obtain and review traffic projections that ITD and Eastbourne 's traffic consultant have completed and detennine if any additional traffic information is necessary. Ifit is, a request will be submitted for the information, or traffic counts will be completed by Earth Tech as an extra cost. Responsible Party: Earth Tech 4.2.2 Prepare Traffic Report The capacity analysis will be prepared for all ramp approaches and ramp terminals. Lane, and intersecti~n configurations will be detennined. Required documentation will be prepared and submitted. Responsible Party: Earth Tech -Deliverable: Traffic Report 4.3 Existing Ten~Mile structural analysis: For this study it is assumed that the ex.isting over crossing will be replaced. 5 PRELIMINARY ENVIRONMENT AL INVESTIGATIONS A preliminary environmental document will be prepared for submittal with the Preliminary Concept report. The primary purpose of this task is to identify potential environmental issues. Upon selection of an alternative and review of the preliminary Environmental report. Additional environmental studies will be required. No Archeological Clearance or NPDES Permit Checklist will be completed for this Preliminary Concept Report. 5.1 ITD Form 654 Preliminary Environmental Evaluation ITD Form 654 will be prepared with the necessary back-up infonnation and reports. Responsible Party: Earth Tech . EAR T H @ T " c. H ~ tl.fCD "dl,,:',U~j'(oL' 'h. :"'.f."r,l'l'. 4 t:x.h~6~+ l'A It 5 c~ 11 5.2 ITD Form 654 A Hazardous WastesIMaterials Preliminary site Assessment ITD FOIm 654 A will also be prepared with the necessary back up infonnation and reports. Our scope assumes this work will be confined to only the research necessary for and completing required ITD 654 a preparation. Responsible Party: Earth Tech 5.3 Contact Agencies and Officials Local, state and federal agencies and concerned individuals, which may have an interest in the project, will be notified and input from them will be solicited. Responsible Party: Earth Tech 6 PRELIMINARY CONCEPT REPORT 6.1 Preparation of Design Standards Design Standards will be prepared using ITD form 783-A and rID Access Control fonn 606. Following ITD approval, all project team members will be advised of these design parameters. Responsible. Party: Earth Tech Deliverable:;: ITD Form 783-A and fI'D Form 606. 6.2 A1te~natives Analysis An engineering analysis and economic comparison of alternatives considered for the project will be conducted and a recommendation made for the preferred alternative. ITD has indicated that they want a thorough economic analysis for this project. The aItemati ves will NOT investigate the usage of the existing Ten- Mile over-crossing in the Preliminary Concept. This includes needs and costs for rights of way beyond that which is normally prepared at the Preliminary Concept stage. The design efforts perfonned by the Consultant will be developed in accordance with the requirements of the ITD DesigR Manual or as directed by IT'D District 3 personnel. The conceptual design will be pexformed to a detail sufficient so the project can be appropriately programmed in the State Transportation Improvement Plan. Responsible Party: Earth Tech Deliverable: IT'D Form 783-A 6.3 Design Exceptions In the event that exceptions to design standards are required for any reason, a Design Exceptions Report will be completed detailing the standard, the proposed exception, and the reason for the exception. Responsible Parties: Earth Tech, Terracon Deliverable: ITD Form 783-B EARTH@TeCH ,I tJ.fCO l/~t~'I.'M..I/'JtII rfl. I '~.!".4.tJ" 5 E ~'.b~+ 'tAU Lv o~ II 6.4 Prepare Alternative Cost Estimate A cost estimate will be prepared so alternatives can be compared and budgets can be determined. The cost analysis will pe sufficient so that it can be utilized to detennine partner's possible cost sharing responsibilities. Responsible Party: Earth Tech Deliverable: Opinion of Cost 6.5 Prepare Preliminary Concept Report A complete Preliminary Concept Report will be prepared for approval, using all information developed to date. Responsible Party: Earth Tech Deliverable: Preliminary Concept Report 6.6 ITD Review A three-week period for review of the Preliminary Concept design has been estimated. 6,7 Attend Preliminary Concept Review Meeting The project team will attend a Preliminary Concept review meeting at Earth Tech's Office. . . Responsible Party: Earth Tech 6.8 Revise and Resubmit Preliminary Concept Earth T-ech will review the comments from the review meeting and incorporate them . into the Preliminary Concept report and resubmit for signature. 7 PUBLIC PARTICIPATION 7.1 Public Participation Public Participation will be limited to one open house format infonnational meeting. The meeting will occur following the initial submittal of the Preliminary Concept. The consultant wiII: · Prepare up to three exhibit boards for this meeting and will attend the meeting. · Prepare a hand out describing the alternatives for the meeting and a comment sheet. · Compile the comments. EARTH@TECH "tllr::al/l.I.-I::!+U./I....:.!/I/ "",4/\1'." 6 Ex.h.bit It A.'1 7 of' J 1 EAATH@TECH 1. tqco limr..'MIIl <::"'f I.;' : Y./I'I"':I~ 7 E~~b~t I/A'l <3 cR 11 Earth Tee. Ten Mile Interchange Man-[(. r Estimate 1. PREOPERATJONS AND ADMINISTRATION 1.1 General Administration 1 .2 Pre-Op Conference 1.3 Coordination and Meetings 2. INVENTORY, DATA COLLECTION & FIELD SURVEYS 2.1 Review Existing Data 2.2 Base Map 2.3 Obtain and Review Existing Alignment Data 3. SOILS AND MATERIALS JNVESTIGATION Not part of this project 4.4 PRELlM!NARY INVESTIGATIONS 4.1 Utility Investigations 4.2 Traffic Studies 4.2.1 Review Traffic Volumes, Studies, and Proj. 4.2.2 Prepare Traffic Report 5. PRELIMINARY ENVlRONMENTAL STUDIES 5.1 ITD Fonn 654 Preliminary Environmental Evaluation 5.2 ITD Form 654 A Hazardous Wastes 5.3 Contact Local Agencies 6. PRELIMINARY CONCEPT REPORT 6.1 Preparation of Design Standards 6.2 Alternatives Analysis 6.3 Design Exceptions 6.4 Prepare Alternative Cost Estimate 6.5 Prepare Preliminary Concept Report 6.6 ITD Review 6.7 Attend Preliminary Concept Review Meeting 6.8 Revise and resubmit concept 7. PUBLIC PARTICIPATION 7.1 Public Participation Meeling TOTAL MAN-DA Y5 SUMMARY !:~I HI i:~1 051 I I ] 2.1 0.; !:~I 011 HI 101 d I I O.~ - 0.51 - I 0.51 1~:~1 ~:~I ~:~I 1~:~1 I ,~ 0.3 1-.~ ~:~I : ~:~I ;:;1 I I I 0.51 2.2 2.0 0.2 15.0 3.0 9.0 3.0 0.9 0.2 0.5 0.2 3.5 0.5 3.0 5.5 0.5 2.0 1.5 1.5 0.4 0,2 0.2 1.0 0.5 0.5 4.2 0.2 0.5 1.0 2.0 0.5 1.01 5.0! 1.01 2.01 0.51 0.51 o.or-D5] 7.91 89.31 23.01 40.5) 5.41 11.51 Ex1~ b:+ II AU <1 ~ It Ten Mile MANDA y ESTIMATE r & II Earth Tech 1. SALARY COST A. Summary Estimatatei:i Man-Day Time & Salal)' Costs 1 Principal 2 Sr. Engineer 3 Engineer 4 Designer 5 Draftsman 6 Field 7 Clerical 5.4 Man-Days 406.32 @ 23.0 Man-Days 301.34 @ 40.5 Man-Days 228.12 @ 11.5 Man-Days 165.68 @ 0.0 Man-Days 150.56 @ 1.0 Man-Days 144.00 @ 7.9 Man-Days 96.00 @ TOTAL SALARY COST = .$ = S = S = .$ = .$ = .$ = S = .$ 2,194.13 6,930.91 9.238.86 1,905.27 144.00 758.40 21.171.57 B. Payroll Burden, Fringe Benefits Cost & Overhead Payroll Burden .s 21,171.57 x 1.61 = s 34,086.23 2. NET FEE Computed at 13.5% of Assigned Engineering Costs .$ 55.257.81 ).135 = .$ 7,459.80 3. OUT-OF-POCKET COSTS Plots (22):34) 6{f@$7.80 $ PlotS (11x17) 120 @ $1.95 $ Printing (400 COPIES @ .12) S Mileage (250 @ SO.3451MI) S Computer usage@2.2609xman-hours .$ Miscl. photographs,postage,delivery etc S 468.00 234.00 48.00 86.25 1,615.19 800.00 11/ Subconsullant (ferracon-Geo. 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CI ~:i. ~ III "J ;;;) .s ~ "'~ ... .: ~ ::I..: " 1-0,. . .. l- ~ f!~ ;! ~ ~ !:! ~ ~ : .. :! ';! ~ .. N ::l .. 'J1 ~ ... f;\ € .. ... .. .. .. ... .. <>> ... ~ .. " .. .. l1, ~ <,) r.oo~ .- --it:-,~':T..-ii;~...m_- -... . ...... . --............. u__,_" ....---... -.-......_.~. ....,--..-.--..-. ....--. C:vl...: \,.,~lJI A to 11 rS If OQn7. (lell lln:!' VVol on:CT 'Jor ,.n/(l1'l17n BEFORE THE MERIDIAN CITY COUNCIL CIC 07-02-02 IN THE MATTER OF THE ) APPLICATION OF LOMBARD- ) CONRAD ARCHITECTS~ P .A., THE ) APPLICA TION FOR ANNEXATION ) AND ZONING OF 5 ACRES FOR ) PROPOSED LDS STAKE CENTER ) LOCATED AT 2515 W. USTICK ) ROAD, MERIDIAN, IDAHO ) Case No. AZ-02-008 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXA TION AND ZONING The above entitled annexation and zoning application having come on for public hearing on July 2, 2002, at the hour of 6:30 p.m., and Shari Stiles, Planning and Zoning Administrator, and Brian Bennion, appeared and testified, and the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT 1. There has been compliance with all notice and hearing requirements set forth in Idaho Code SS 67-6509 and 67-6511, and Meridian City Code SS 11-15-5 and 11-16-1. 2, The City Council takes judicial notice of its zoning, subdivision and development ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning maps thereof, and the Comprehensive Plan of the City of Meridian adopted December 21,1993, Ordinance No. 629, January 4,1994, and maps and the ordinance Establishing the Impact Area FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1 AND DECISION AND ORDER GRANTING APPLlCA nON FOR ANNEXA nON AND ZONING/LDS CHURCH (AZ-02-008) Boundary . 3. The property which is the subject ofthe application for annexation and zoning is described in the application, and is approximately 5 acres in size, is located at 2515 W. Ustick Road, all within the Area ofImpact ofthe City of Meridian and the Meridian Urban Service Planning Area. 4. The owner of record of the subject property is The Corporation of the Presiding Bishop of the Church of Latter Day Saints, a Utah Corporation, of Salt Lake City, Utah; and the applicant is Lombard-Conrad Architects, P.A. of Boise, Idaho. 5. The property is presently zoned RUT, and consists of vacant land. 6. The Applicant requests the property be zoned as L-O, with the intent to construct a 26,000 sq. ft. church building, which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Single-Family Residential. 7. The subject property is an enclave bordered on all sides by City of Meridian zoned R-4 properties. 8. There are no significant or scenic features of major importance that affect the consideration of this application. 9. Giving due consideration to the comments received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction, public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. Access to sanitary sewer shall be a challenge for the applicant. There isn't a sewer main in Ustick Road adjacent to the subject site, but there does appear to be several options for sanitary sewer service in the vicinity. Additional study shall be done by FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2 AND DECISION AND ORDER GRANTING APPLICA nON FOR ANNEXA nON AND ZONING/LDS CHURCH (AZ-02-008) the applicant to detern1ine the best alternatives for service. Information on the options available can be obtained from the Public Works Depmiment. 2. Domestic water service to this site shall be via an existing 12-inch diameter main adjacent to the site in Ustick Road. 3. Essential City services are or shall be available to the subject property. 4. Remove any existing domestic wells and/or septic systems within this project from their domestic service, per City Ordinance Section 5~ 7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. 5. A Certificate of Zoning Compliance shall be obtained from the City of Meridian prior to constmction of a church on the subject propeliy. All other uses shall be required to go though the conditional use permit process. Adopt the Recommendations of the ACHD as follows: 1. Dedicate 48-feet ofright-of-way from the centerline of Us tick Road abutting the parcel by means of a warranty deed. The right-of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. 2. Construct a 5-foot wide concrete sidewalk on Ustick Road located 2-feet within the right-of-way. Coordinate the location and elevation of the sidewalk with District staff. 3. Replace unused curb cuts on Ustick Road with 5-foot wide concrete sidewalk to match the existing improvements. 4. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the constmction of the proposed development. 5. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. 6. Meet District drainage requirements per section 8000 of the ACHD Development Policy Manual. 7. If utility relocation is necessary to construct improvements required with this development, then all utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/LDS CHURCH (AZ-02-008) 8. Any existing irrigation facilities shall be relocated outside of the right-of-way. 9. Pave the driveways to their full-required width and to a point 3D-feet beyond the edge of pavement of Us tick Road with IS-foot curb radii pavement tapers abutting the existing roadway edge. 10. As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. Adopt the Recommendations of the Meridian Fire Department as follows: 1. A fire-flow consistent with Appendix III-A of the Uniform Fire Code shall be provided to service the entire project. Fire hydrants shall be placed an average of 400' apart at approved locations. 2. Operational fire hydrants are required before combustible construction begins. 3. Acceptance of water supply for fire protection is contingent upon acceptance of the water system by the City of Meridian. 4. Final approval for fire hydrant location shall be by the Meridian Fire Department. 5. All turning radii shall be a minimum of28' inside and 48' outside for all internal roads and entrances. 6. Comply with the requirements of the Uniform Fire Code and Building Code. Adopt the action of the City Council taken at their July 2, 2002 meeting as follows: 1. The Council recognizes the current 1993 Comprehensive Plan designation, which designates the area as Single-Family Residential, and there exist valid reasons for varying from the Comprehensive Plan designation at this time, in that similar uses have been allowed in previous situations involving a church in a residential area, and therefore, the applicant shall be allowed to construct the LDS Stake Center to be located at 2515 West Ustick Road. 10. It is found that if the developer pays for the requested improvements and complies with the conditions set f011h in these Findings of Fact No.9, and all sub-parts, the economic welfare of the City and its residents and tax and rate payers will be protected, a condition of annexation and zoning designation. 11. It is also found that the development considerations as referenced in Finding No. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 AND DECISION AND ORDER GRANTING APPLICA nON FOR ANNEXA nON AND ZONING/LDS CHURCH (AZ-02-008) 9 are reasonable to require and must be taken into account, in order to assure the proposed development is designed, constructed, operated and maintained in a manner which is harmonious and appropriate in appearance with the existing, or intended character of the general vicinity, in order to assure that the proposed use will not change the essential character of the affected vicinity and will insure that the proposed uses will not be hazardous or disturbing to the existing, or future neighboring uses, particularly considering the impact of proposed development on potential to produce excessive traffic, noise, smoke, fumes, glare and odors. 12. It is found that the requested zoning designation (L-O) and land use (church) are harmonious with and in accordance with the adopted Comprehensive Plan and Generalized Land Use Map (1993), which designates the land to be "Single-Family Residential". Although the L- o zone does not match the Single-Family Residential land use designation, churches are permitted with a conditional use permit in the R-8 zone. It is also found that annexing and zoning the propeliy to R-8, and then requiring a conditional use permit will create an unnecessary layer of bureaucracy that can be avoided by zoning the property L-O, where church uses are permitted without a conditional use permit. The City Council additionally approved a similar annexation and rezone for the LDS Stake Center on Black Cat in 1999. 13. It is found that the majority of the sun"ounding propeliies are medium density residential subdivisions. The propeliy to the north has been approved for office development. It is also found that the requested zoning designation ofL-O, if developed as a church, is harmonious with the existing and planned adjacent development. 14. It is found that the proposed use (church) will not change the existing or intended character of the area. The church can be operated, designed and maintained to be harmonious with the surrounding area. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/LDS CHURCH (AZ-02-008) 15. It is not anticipated that the proposed use will be hazardous or disturbing to future or existing neighbors. 16. It is found that the property to be annexed can be served adequately by all essential public facilities and services, however, access to sanitary sewer will be a challenge for the applicant. There isn't a sewer main in Ustick Road adjacent to the subject site, but there does appear to be several options for service in the vicinity. Additional study will need to be done by the applicant to determine the best alternative. 17. It is found that there will not be additional requirements at public cost and that the annexation and zoning will not be detrimental to the community's economic welfare. 18. It is found that the proposed church use will not create excessive traffic, noise or other nuisances that would be detrimental to the general welfare of the surrounding area. 19. It is found that the annexation and development ofthe property will not create significant interference with the existing traffic on Ustick Road. 20. It is found that no natural or scenic features of major importance will be lost or damaged by approved the annexation and re-zone. Any existing trees larger than 4" caliper that are removed shall be mitigated for, per the Landscape Ordinance. 21. It is found that the annexation of this property would be in the best interest of the City. 22. The subject annexation request and zoning designation and proposed development relates to and is compatible with the goals and policies ofthe Comprehensive Plan of the City. CONCLUSIONS OF LAW 1. The City of Meridian has authority to annex real property upon written request for FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/LDS CHURCH (AZ-02-008) annexation and the real property being contiguous or adjacent to city boundaries and that said property lies within the area of city impact as provided by Idaho Code Section 50-222. The Meridian City Code S 11-16 provides the City may annex real property that is within the Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan. 2. The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 3. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act of 1975", codified at Chapter 65, Title 67, Idaho Code by the adoption of the Comprehensive Plan City of Meridian adopted December 21, 1993, Ord. No. 629, January 4, 1994. 4. The following are found to be peliinent provisions of the City of Meridian Comprehensive Plan and are applicable to this Application: Goals 1 through 10, inclusive. 5. The zoning of Limited Office District (L-O) is defined in the Zoning Ordinance at S 11-7-2 G as follows: (L-O) Limited Office District: The purpose of the L-O District is to permit the establishment of groupings of professional, research, executive, administrative, accounting, clerical, stenographic, public service and similar uses. Research uses shall not involve heavy testing operations of any kind or product manufacturing of such a nature to create noise, vibration or emissions ofa nature offensive to the overall purpose of this District. The L-O District is designed to act as a buffer between other more intense nonresidential uses and high density residential uses, and is thus a transitional use. Connection to the Municipal water and sewer system of the City is a requirement in this District. 6. Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. See Burt vs. The City ofIdaho Falls, 105 Idaho 65, 665 P2d 1075 (1983). FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7 AND DECISION AND ORDER GRANTING APPLICA nON FOR ANNEXA nON AND ZONING/LDS CHURCH (AZ-02-008) 7. The development of the annexed land, if annexed, shall meet and comply with the Ordinances of the City of Meridian including, but not limited to: Section 12-2-4 which peliains to development time schedules and requirements; Section 12-4-13, which pertains to the piping of ditches; and Section 12-5-2 N, which pertains to pressurized irrigation systems, and Zoning and Subdivision and Development Ordinance of the City of Meridian. 8. Pursuant to Section 11-16-4 A of the Zoning and Development Ordinance the owner and/or developer shall enter into a Development Agreement, if such is required by the City. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does Order: 1. The applicant's request for annexation and zoning of approximately 5 acres to Limited Office District (L-O) is granted subject to the terms and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of 5 acres. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686. 3. Developer shall be required to met the conditions set forth and in the event the conditions herein are not met by the Developer that the property shall be subject to de- annexation, with the City of Meridian, which provides for the following conditions of development, to-wit: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXA nON AND ZONING/LDS CHURCH (AZ-02-008) Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. Access to sanitary sewer shall be a challenge for the applicant. There isn't a sewer main in Ustick Road adjacent to the subject site, but there does appear to be several options for sanitary sewer service in the vicinity. Additional study shall be done by the applicant to determine the best alternatives for service. Information on the options available can be obtained from the Public Works Department. 2. Domestic water service to this site shall be via an existing 12-inch diameter main adjacent to the site in Ustick Road. 3. Essential City services are or shall be available to the subject property. 4. Remove any existing domestic wells and/or septic systems within this project from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. 5. A Certificate of Zoning Compliance shall be obtained from the City of Meridian prior to construction ofa church on the subject property. All other uses shall be required to go though the conditional use permit process. Adopt the Recommendations of the ACHD as follows: 1. Dedicate 48-feet of right-of-way from the centerline of Us tick Road abutting the parcel by means of a walTanty deed. The right-of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. 2. Construct a 5-foot wide concrete sidewalk on Ustick Road located 2-feet within the right- of-way. Coordinate the location and elevation of the sidewalk with District staff. 3. Replace unused curb cuts on Ustick Road with 5-foot wide concrete sidewalk to match the existing improvements. 4. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. 5. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. 6. Meet District drainage requirements per section 8000 of the ACHD Development Policy Manual. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9 AND DECISION AND ORDER GRANTING APPLICA nON FOR ANNEXA nON AND ZONING/LDS CHURCH (AZ-02-008) 7. !futility 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 bome by the developer. 8. Any existing irrigation facilities shall be relocated outside of the right-of-way. 9. Pave the driveways to their full-required width and to a point 30-feet beyond the edge of pavement of Us tick Road with IS-foot curb radii pavement tapers abutting the existing roadway edge. 10. As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. Adopt the Recommendations of the Meridian Fire Department as follows: 1. A fire-flow consistent with Appendix III-A of the Unifonn Fire Code shall be provided to service the entire project. Fire hydrants shall be placed an average of 400' apart at approved locations. 2. Operational fire hydrants are required before combustible construction begins. 3. Acceptance of water supply for fire protection is contingent upon acceptance of the water system by the City of Meridian. 4. Final approval for fire hydrant location shall be by the Meridian Fire Department. 5. All tuming radii shall be a minimum of28' inside and 48' outside for all intemal roads and entrances. 6. Comply with the requirements of the Uniform Fire Code and Building Code. Adopt the action of the City Council taken at their July 2, 2002 meeting as follows: 1. The Council recognizes the current 1993 Comprehensive Plan designation, which designates the area as Single-Family Residential, and there exist valid reasons for varying from the Comprehensive Plan designation at this time, in that similar uses have been allowed in previous situations involving a church in a residential area, and therefore, the applicant shall be allowed to construct the LDS Stake Center to be located at 2515 West Ustick Road. 4. The City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the annexation and zoning designation of the real property which is the subject of the application to (L-O) Limited Office District, and Meridian City Code 9 11-7-2. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10 AND DECISION AND ORDER GRANTING APPLICA nON FOR ANNEXA nON AND ZONING/LDS CHURCH (AZ-02-008) 5. Subsequent to the passage of the Ordinance provided for in section 4 of this Order the engineering staff of the Public Works Department shall prepare the appropriate mapping changes of the official boundaries and zoning maps as provided in Meridian City Code S 11-21-1 in accordance with the provisions of the annexation and zoning ordinance. NOTICE OF FINAL ACTION Please take notice that this is a final action ofthe governing body ofthe City of Meridian. Pursuant to Idaho Code S 67-6521 an affected person is a person who has an interest in real property which may be adversely affected by the issuance or denial of the annexation and zoning and who may within twenty-eight (28) days after the date ofthis decision and order seek ajudicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the (G1!1- day of c70..Lc.~ (j ,2002. ROLL CALL COUNCILMAN KEITH BIRD VOTED$tL-- VOTED~'- COUNCILWOMAN TAMMY deWEERD COUNCILWOMAN CHERIE Mc CANDLESS VOTED~L VOTED~ COUNCILMAN WILLIAM L.M. NARY MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: 7-16-0'2- VOTED - MOTION: )( APPROVED:~ DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/LDS CHURCH (AZ-02-008) Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and the City Attorney. Dated: \\\\11111111/11/1 "~II OF Nit:" fIll ", -..( <.;;FtJ/'> I;; ~~ ,.0 Vi /...... ~ V' o~POIT.4 ~1.- ~ :: ~G .r~ ~ ~ ~ () ~ ~ - - - - - - - - = ByJ!ia--J P ~ City Clerk / -~2- - ~ Z:\Work\M\Meridian\Meridian 15360M\LDS Slake Cnlr AZ02-008\AZFrCI&Order,doc FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/LDS CHURCH (AZ-02-008) BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A SPORTS BAR IN AN 0- T ZONE, LOCATED AT 706 E. MAIN, MERIDIAN, IDAHO BY: MICHAEL McGUINNESS APPLICANT. CIC 07/02/02 Revised 07/17102 ) ) ) ) ) ) ) ) ) ) CUP-02-011 ORDER OF DENIAL OF APPLICATION FOR CONDITIONAL USE PERMIT The above entitled conditional use pemlit application having come before the City Council on July 2, 2002, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of6:30 o'clock p.m., and the Council having received the record of this matter from the Planning and Zoning Commission including the Planning and Zoning Commission's Recommendation to City Council, and Shari Stiles, Planning and Zoning Administrator, and Mike McGuinness, Dolores Lisby, Art Ortman, Linda Rupe, Terry P. Smith, Fred Knehans, Chief Mike Worley, and Sgt. Steve Bradley, appeared and testified, and Council additionally recognizes the letters of concern from Carol Jetton dated July 1, 2002 and Stephen T Sherer dated June 4, 2002, of which both are on file in the City Clerk's office, and the Council having duly considered the matter makes the following Findings of Fact and Conclusions of Law and Decision and Order. ORDER OF DENIAL OF APPLICATION FOR CONDITIONAL USE PERMIT BY MICHAEL McGUINNESS BLUMACS SPORTS BAR 1 (CUP-02-011) - 1 ( BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A SPORTS BAR IN AN 0- T ZONE, LOCATED AT 706 E. MAIN, MERIDIAN, IDAHO BY: MICHAEL McGUINNESS APPLICANT. CIC 07/02/02 Revised 07/17/02 ) ) ) ) ) } ) ) ) ) CUP-02-011 ORDER OF DENIAL OF APPLICATION FOR CONDITIONAL USE PERMIT The above entitled conditional use permit application having come before the City Council on July 2, 2002, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 6:30 o'clock p.m., and the Council having received the record of this matter from the Planning and Zoning Commission including the Planning and Zoning Commission's Recommendation to City Council, and Shari Stiles, Planning and Zoning Administrator, and Mike McGuinness, Dolores Lisby, Art Ortman, Linda Rupe, Terry P. Smith, Fred Knehans, Chief Mike Worley, and Sgt. Steve Bradley, appeared and testified, and Council additionally recognizes the letters of concern from Carol Jetton dated July 1,2002 and Stephen T. Sherer dated June 4,2002, of which both are on file in the City Clerk's office, and the Council having duly considered the matter makes the following Findings of Fact and Conclusions of Law and Decision and Order. ORDER OF DENIAL OF APPLICATION FOR CONDITIONAL USE PERMIT BY MICHAEL McGUINNESS BLUMACS SPORTS BAR I (CUP-02-011) - 1 FINDINGS OF FACT AND CONCLUSIONS OF LAW 1. The City Council takes judicial notice of its Zoning, Subdivision 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 - January 4,1994 and Maps. 2. Staff has complied with the requirements ofLC. SS 67-6509 and 67- 6512 and SS 11-2-416 E and 11-2-418 E. 3. The proposed location for the applicant's business is in a city block which already has three other bars serving alcoholic beverages. 4. The proposed use would be a sports bar. The applicant would not be operating a restaurant. 5. Business owners near the location of the proposed use have experienced secondary effects from the existing alcoholic beverage establishments, including, but not limited to: vandalism, public urination, litter, and trespass. 6. More likely than not, a fourth alcoholic beverage establishment in that block would increase the problems cited in Finding number Five above. 7. The proposed use would not be compatible with neighboring businesses. 8. The proposed use is within 300 feet of a church. 9. There exists no compelling reason to allow the proposed use within 300 feet of a church (Idaho Code 23-913). 10. The applicant would not be able to mitigate the negative secondary effects that ORDER OF DENIAL OF APPLICATION FOR CONDITIONAL USE PERMIT BY MICHAEL McGUINNESS BLUMACS SPORTS BAR/ (CUP-02-011) - 2 would occur by adding a fourth alcoholic beverage establishment to this block. 11. The proposed use would be disturbing to existing neighboring uses. MCC 11-17- 3 D. ORDER OF DENIAL OF APPLICATION NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, AND GOOD CAUSE APPEARING, the above named applicant is denied the requested conditional use permit. The City Council of the City of Meridian hereby adopts and approves this Decision and Order of Denial. Dated this 16~!: day of ;;r td~ ,2002. ROLL CALL: COUNCILMAN KEITH BIRD VOTED ~VL.- VOTED ~ VOTED~ VOTED~ COUNCILWOMAN TAMMY deWEERD COUNCILWOMAN CHERIE McCANDLESS COUNCILMAN WM. 1. M. NARY MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: 7-/6 -02- VOTED MOTION: ~ APPROVED: f" DISAPPROVED: ORDER OF DENIAL OF APPLICATION FOR CONDITIONAL USE PERMIT BY MICHAEL McGUINNESS BLUMACS SPORTS BAR / (CUP-02-011) - 3 Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and the City Attomey. By~~I4/~ Ity Clerk r Dated: 7-2'1/02- Z:\Work\M\Mcridian\Meridian I 5360M\Blumacs Sports Bar CUP02-0 II Dcniul\FFCLOrdCUPDcnia1020 II.doc ORDER OF DENIAL OF APPLICA nON FOR CONDITIONAL USE PERMIT BY MICHAEL McGUINNESS BLUMACS SPORTS BAR/ (CUP-02-011) - 4 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT TO RENOVATE EXISTING OFFICE AND CONVENTION CENTER INTO A PRIVATE JR./SR. HIGH SCHOOL IN AN L-O ZONE, LOCATED AT 200 EAST CARL TON AVENUE, MERIDIAN, IDAHO JEFFREY L. KING, APPLICANT C/C 07/02/02 ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. CUP-02-015 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT The above entitled conditional use permit application having come before the City Council on July 2, 2002 at the hour of 6:30 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Shari Stiles, Planning and Zoning Administrator, Jeffrey L. King, Jeny Van Engen, Art Ortman, John Mascroft, Rod Riedinger, and Mark Wood, appeared and testified, and the City Council having duly considered the evidence and the record in this matter and the Recommendations to City Council issued by the Planning and Zoning Commission who conducted a public hearing and the Council having heard and taken oral and written testimony, and having duly considered the matter, the City Council hereby makes the following Findings of Fact, Conclusions of Law and Decision and Order to-wit: FINDINGS OF FACT 1. A notice of a public hearing on the conditional use permit was published for two FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 1 (2) consecutive weeks prior to the said public hearing scheduled for July 2, 2002, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the propeliy under consideration more than one week before said hearing and the copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the July 2, 2002, public hearings; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set fmih in Idaho Code 967-6509, 6512, and Meridian City Code 99 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. This proposed development request is in a L-O zone and by reason of the provisions of the Meridian City Code 9 11-17A, a public hearing was required before the City Council on this application. 4. The property is located at 200 E. Carlton, Meridian, Idaho. 5. The owners of record of the subject property are Timothy and Carol Mussell of Meridian, Idaho and Vernon Chitwood of Boise, Idaho. 6. Applicant is Jeffrey L. King of Boise, Idaho. 7. The subject property is cUlTently zoned L-O. The zoning district ofL-O is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 2 8. The proposed application requests a conditional use permit for conversion of an existing office into a private junior/senior high school. The L-O 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 City Council recognizes the concerns of Warn and Mavis Culver who expressed opposition to the request in their letter of May 23,2002. 12. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian, and Maps and the Ordinance establishing the Impact Area Boundary. 13. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed and the following is also found to be required to mitigate the effects of the proposed use and development upon services delivered by political subdivisions providing services to the subject real property within the planning jurisdiction of the City of Meridian, subject to the following: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 3 Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. Trash Enclosure: The applicant has submitted a revised Site Plan showing the trash enclosures and the building elevations. A trash enclosure shall be added to the gymnasium lot and screened in accordance with Ordinance 11-12-1-C. Applicant shall come to an agreement with SSC regarding size and dimension specifics on trash enclosure to be placed in the area of the planned gymnasium. 2. Signs: Applicant's intent is to utilize the existing monument sign presently located on the southwest corner ofthe property. If the Applicant provides information on additional signage he shall address the number, location, and maximum size of any proposed signs-wall-mounted or freestanding. All such signs shall require a separate sign pelmit and shall be subject to design review by P&Z staff. Given the historic nature of the structure and its relationship to Old Town, context-sensitive signage is important to blend with the character of the building. 3. Parking: The proposed use requires 215 parking spaces, but only 159 spaces are provided on the subject property, with an additional 33 possibly available via a cross- parking agreement, leaving a deficit of 23 parking stalls. The total parking space issue shall be reviewed and addressed at the time Cole Valley Christian shall be in need of the parking spaces, Applicant shall obtain a variance prior to applying for a Certificate of Zoning Compliance for the gym. Applicant's failure to obtain a variance shall result in down-sizing or elimination of the gym. The Applicant shall address the anticipated parking demand for the office uses that will remain, as well as the proposed school, when such variance is needed. Upon satisfactory resolution of the parking demand versus supply issue, a variance to the parking requirements would be supported. Also, the Applicant shall supply written verification that the Apostolic Bible Church is amenable to the cross-parking agreement and shall work to finalize such cross-parking agreement. 4. Planters/Parking Lot: The proposed site plan does not include planters within the interior of the parking lot. The parking lot is existing and is being modified less than 50%. The requirements of Ordinance 12-13-11-4-B apply to this project, which means that the perimeter landscaping and street buffers are required, but the internal islands are not required until the parking lot is replaced or altered more than 50%. The perimeter landscape strips shown on the proposed landscape plan are sufficient to meet this requirement. 5. Existing Trees: The existing large maple trees along E. 2 12 Street, adjacent to the proposed gym, shall be protected during construction as noted on the proposed plan. Applicant shall verify that the proposed new trees are sufficient to mitigate for the one existing tree proposed for removal. The existing trees surrounding the Meridian Office & Convention Center shall also be protected and retained. 6. Additional Landscaping: Many of the existing landscape strips contain trees, but the ground surrounding them is left heavily populated by weeds. Additional landscaping FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 4 shall be added to all such areas so that all landscape areas are fully vegetated with grass, shrubs, and/or vegetative groundcover. A pressurized irrigation system shall be required to all landscape areas. This shall require some modifications to the existing pressurized irrigation system, as the current system provides bubblers to the trees only, but does not currently water the ground. 7. Existing Structures: The proposed gymnasium site contains two existing structures, which it appears shall be demolished as part of this project. The Applicant shaH verify whether or not the existing structures will be demolished when the gymnasium is built. 8. Handicapped parking: The Applicant's architect (CTA Architects) sha1l verify whether or not the proposed site plan meets the requirements of the Americans with Disabilities Act, and if not, provide a revised site plan showing how the parking shall be modified. 9. Building Height: The proposed gymnasium shall not exceed thirty-five (35) feet high per the Maximum Building Height shown in Ordinance 11-9-1. Building elevations were submitted with the application, but the height is difficult to read, though it appears that it may be 33'-6". The Applicant shall verify the actual height. Applicant shall present a revised elevation plan that shows more variation to the gym design on the Carlton Street side and a revised site plan showing the planned trash enclosure. 10. Setbacks: The proposed structure is subject to all required setbacks of Ordinance 11-9-1 for the L-O zone. The submitted site plan appears to meet all of the required setbacks. 11. Water/sewer: This facility is currently served by the City of Meridian's sanitary sewer and water systems. Existing sanitary sewer and water assessments shall be compared with the anticipated impact, to determine whether additional assessments are warranted. If additional assessments are warranted, Applicant shall pay for them with the issuance of his building permit for tenant improvements. 12. As part ofa conditional use permit, the City of Meridian may impose additional restricti on sl conditions. 13. Existing trees shall be protected and retained in accordance with Meridian City Code 12- 13-13. 14. Off-street parking sha1l be provided in accordance with the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. All parking and areas of circulation shall be improved with a hard surface in accordance with Meridian City Code 11-13-4-D, and shall be installed and striped in accordance with the approved site plan and Ordinance 11-13-4-D, -F. 15. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act. FINDINGS OF FACT AND CONCLUSIONS OF LA WAND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 5 16. A drainage plan designed by a State ofIdaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10 1 91) for all off-street parking areas. All drainage water is to be maintained on-site. Storm water treatment and disposal must be designed in accordance with Depal1ment of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The Applicant is responsible for filing all necessmy applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 17. All exterior lighting, whether attached to the building or located within the parking lot, shall be down-shielded or otherwise altered so that the light does not spill over onto adjacent properties or right-of-way. All parking lot lighting shall be in accordance with Ordinance 11-13-4-C. 18. All signage shall be in accordance with the standards set forth in Section 11-14 ofthe City Zoning and Development Ordinance or as specifically approved. All signage is subject to design review and shall require separate permits. 19. Provide five-fa at-wide pedestrian walkways in accordance with City Ordinance. 20. 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 when applying for a Certificate of Zoning Compliance (CZC). 21. Per Ordinance 11-17-4-B., a conditional use permit, when granted, shall be valid for a maximum period of eighteen (18) months unless othelwise approved by the City Council. During this time, the permit holder shall acquire building permits and commence the construction of permanent footings or structures. Time extensions are allowed per the ordinance. Adopt the Recommendations of the ACHD as follows: 1. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. The Applicant should replace any unused curb cuts on 2 Y2 Street or Carlton Avenue with standard curb, gutter and concrete sidewalk to match existing improvements. Contact Construction Services at 387-6280 (with file number) for details. 2. Comply with all Standard Conditions of Approval. 3. Any existing irrigation facilities shall be relocated outside of the right-of-way. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 6 4. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State ofIdaho shall prepare and certify all improvement plans. 6. The Applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #195, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the Applicant to verify all existing utilities within the right-of- way. Existing utilities damaged by the Applicant shall be repaired by the Applicant at no cost to ACHD. The Applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The Applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the Applicant or the Applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the Applicant to obtain written confinuation of any change from the Ada County Highway District. 11. Any change by the Applicant in the planned use ofthe property which is the subject of this application, shall require the Applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the Applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 12. Comply with all the Standard Requirements of ACHD listed in their report dated May 14, 2002. Adopt the Recommendations of the Meridian Fire Department as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 7 1. Phase II of the project shall require a new fire hydrant to be installed at Washington & 2Y2 Street to service the new gym. Educational facilities require a fire-flow of 1500 GPM plus the amount required by the fire sprinkler system. 2. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 3. Acceptance of the water supply for fire protection shall be by the Meridian Water Department. 4. All internal roads shall have radii of28' inside and 48' outside radius. 5. All internal access roads within the project shall have a clear driving surface with a minimum width of20'. 6. The Meridian Fire Department requires a fire access road around the proposed building, Such road shall have a 20' wide access road around the building during all phases of construction. The base shall have to be a minimum of 6" pit run with a top layer of 2" of %" crushed graveL 7. The existing fire sprinkler system shall be required to be upgraded to provide coverage in areas affected by the remodeling process per national Fire Protection Standard 13. 8. The existing fire alann shall be required to be upgraded to provide coverage in areas affected by the remodeling process per National Fire Protection Standard 72. 9. The gymnasium shall be required to comply with the Fire Code requirements for educational occupancies. 10. All modifications to the building shall have to comply with the Building Code. Adopt the Recommendations of the Central District Health Department as follows: 1. If a cafeteria for students is proposed, plans shall be submitted to and approved by CDRD. Adopt the Recommendation of Sanitary Service as follows: 1. Provide waste enclosure plans. Adopt the Recommendations of the Central District Health Department as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 8 1. If a cafeteria for the students is proposed, then plans shall be submitted and approved by the Central District Health Department. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: 1. All storm drainage shall be addressed, any storm drainage that leaves the site shall be reviewed and approved by the District. Additionally, comply with the action of the City Council from their meeting held on July 2, 2002 as follows: 1. The application is approved for a junior/senior high school with an auditorium, and that p & Z staff shall monitor the parking requirements to insure that Cole Valley Christian complies with MCC. (This paragraph pertains to P & Z item number 3 listed above.) 2. The plum trees that are planted around the perimeter of the site shall be sprayed each year to insure that no fruit will be produced from them. 3. The handicapped parking spaces shall be verified that the requirements of the Americans with Disabilities are met by having the plans stamped by applicant's architect. (This pertains to P & Z item number 8 listed above.) 14. The site is not large enough to accommodate the required number of parking spaces. 215 spaces are required; 159 are provided on the subject parcel. An additional 33 possible spaces can be accommodated through a cross-parking agreement with the Apostolic Bible Church. This would bring the total provided to 192 spaces, leaving a deficit of 23 spaces. The total parking space issue shall be reviewed and addressed at the time Cole Valley Christian shall be in need of the parking spaces. Applicant shall obtain a variance prior to applying for a Certificate of Zoning Compliance for the gym. Applicant's failure to obtain a variance shall result in down-sizing or elimination of the gym. The applicant shall address the anticipated parking demand for the office uses that will remain, as weIl as the proposed school, when such variance is needed. Upon satisfactory resolution of the parking demand versus supply issue, a variance to the parking requirements would be supported. Also, the applicant shan supply written verification that the Apostolic Bible Church is amenable to the cross-parking agreement FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 9 and shall work to finalize such cross-parking agreement. 15. That Comprehensive Plan shows the subject property as <<Existing Urban". Current zoning is L-O; private schools require a CUP in the L-O zone according to the Zoning Schedule of Use Control. It is found that the proposed use and plan to be in compliance with the Meridian Zoning Ordinance and the Comprehensive Plan, as long as the conditions of the staff report are met. 16. It is found that the proposed development will not adversely change the essential character of the general vicinity and will be harmonious with the intended character of the same area. The property has been used as a school in the past; the proposed project will revert the site back to its prior use as a school. 17. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; it is found that the proposed use would not adversely affect other properties in the general vicinity. 18. It is found that the proposed development will be adequately served by the essential public facilities and services such as highways, street, police, and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services. 19. It is found that the proposed use would not be detrimental to the economic welfare of the community, nor would it create the need for any new facilities or services to be paid for by the public. 20. That the proposed use will celiainly increase traffic on adjacent streets, especially at the beginning and end of the school day. However, the use is relatively small when compared to public schools in Meridian, they are proposing 7 classrooms for Jr. High use and 7 classrooms FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 10 for High School use. It is not anticipated that the proposed use will be detrimental to the general welfare of the community by means of increased traffic, noise, smoke fumes, glare or odors generated by the use. The applicant should be prepared to address traffic and parking concerns with information about anticipated enrollment and parking needs. 21. It is found that the proposed use will not create significant interference with traffic on the sUlTOunding public streets. The applicant has not proposed any new curb cuts onto existing streets. 22. 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. CONCLUSIONS OF LAW 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Act" codified at Chapter 65, Title 67, Idaho Code (LC. g67-6503). 2. The Meridian City Council may exercise all the powers required and authorized under the "Act" except the power to adopt ordinances by the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho Code Section 67-6504 which the City Council of the City of Meridian has established by the passage of the "City of Meridian Zoning and Development Ordinance" at Titles XI and XII, Chapter I, Meridian City Code. 3. As part of a zoning ordinance the City Council can, subject to hearing and notice provision required, provide for the process of special and/or conditional use permits which a proposed use is otherwise prohibited by the terms of the ordinance but allowed with conditions under the specific provisions ofthe ordinance which the City of Meridian has done in the adoption of its zoning ordinances. FINDINGS OF FACT AND CONCLUSIONS OF LA WAND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 11 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; f. That the proposed use will not create excessive additional cost for public facilities and services and will not be detrimental to the economic welfare of the community; g. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; h. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create interference with traffic on surrounding public streets; and i. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. 5. Prior to granting a conditional use permit in the 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 12 under consideration for the conditional use permit all in accordance with the provisions of Meridian City Code ~ 11-17-5 City of Meridian Zoning and Development Ordinance, which provides as follows: "Prior to approving a Conditional Use Permit, the applicant and the Commission and Council shall follow notice and hearing procedures provided in Chapter 15 of this Title. Provided, however, that conditional use applications for 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 suppOliive reasons. The Commission shall recommend that the application be approved, approved with conditions or denied. The Commission shall ensure that any approval or approval with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City Code S 11-1 7-6) 7. When the City Council approves a conditional use permit it may impose conditions of that approval that reasonably: A. Minimize adverse impact on other development; B. Control the sequence and timing of development; C. Control the duration of development; D. Assure that the development is maintained property; E. Designate the exact location and nature of the development; F. Require the provision for on-site public facilities or services; and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 13 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 conversion of an existing office into a private junior/senior high school in an L-Q zone located at 200 E. Carlton, Meridian, Idaho, subject to the following conditions of use and development, subject to the following: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. Trash Enclosure: The applicant has submitted a revised Site Plan showing the trash enclosures and the building elevations. A trash enclosure shall be added to the gymnasium lot and screened in accordance with Ordinance 11-12-1-C. Applicant shall come to an agreement with SSC regarding size and dimension specifics on trash enclosure to be placed in the area of the planned gymnasium. 2. Signs: Applicant's intent is to utilize the existing monument sign presently located on the southwest corner of the property. If the Applicant provides information on additional signage he shall address the number, location, and maximum size of any proposed signs-waIl-mounted or freestanding. All such signs shall require a separate sign permit and shall be subject to design review by P&Z staff. Given the historic nature of the structure and its relationship to Old Town, context-sensitive signage is important to blend with the character of the building. 3. Parking: The proposed use requires 215 parking spaces, but only 159 spaces are provided on the subject property, with an additional 33 possibly available via a cross-parking agreement, leaving a deficit of 23 parking stalls. The total parking FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 14 space issue shall be reviewed and addressed at the time Cole Valley Christian shall be in need of the parking spaces. Applicant shall obtain a variance prior to applying for a Certificate of Zoning Compliance for the gym. Applicant's failure to obtain a variance shall result in down-sizing or elimination of the gym. The Applicant shall address the anticipated parking demand for the office uses that will remain, as well as the proposed school, when such variance is needed. Upon satisfactory resolution of the parking demand versus supply issue, a variance to the parking requirements would be supported. Also, the Applicant shall supply written verification that the Apostolic Bible Church is amenable to the cross- parking agreement and shall work to finalize such cross-parking agreement. 4. Planters/Parking Lot: The proposed site plan does not include planters within the interior of the parking lot. The parking lot is existing and is being modified less than 50%. The requirements of Ordinance 12-13-11-4-B apply to this project, which means that the perimeter landscaping and street buffers are required, but the intemal islands are not required until the parking lot is replaced or altered more than 50%. The perimeter landscape strips shown on the proposed landscape plan are sufficient to meet this requirement. 5. Existing Trees: The existing large maple trees along E. 2 V2 Street, adjacent to the proposed gym, shall be protected during construction as noted on the proposed plan. Applicant shall verify that the proposed new trees are sufficient to mitigate for the one existing tree proposed for removal. The existing trees sun"ounding the Meridian Office & Convention Center shall also be protected and retained. 6. Additional Landscaping: Many of the existing landscape strips contain trees, but the ground surrounding them is left heavily populated by weeds. Additional landscaping shall be added to all such areas so that all landscape areas are fully vegetated with grass, shrubs, and/or vegetative groundcover. A pressurized irrigation system shall be required to all landscape areas. This shall require some modifications to the existing pressurized irrigation system, as the current system provides bubblers to the trees only, but does not currently water the ground. 7. Existing Structures: The proposed gymnasium site contains two existing structures, which it appears shall be demolished as part of this project. The Applicant shall verify whether or not the existing structures will be demolished when the gymnasium is built. 8. Handicapped parking: The Applicant's architect (CTA Architects) shall verify whether or not tbe proposed site plan meets the requirements of the Americans with Disabilities Act, and if not, provide a revised site plan showing how the parking shall be modified. 9. Building Height: The proposed gymnasium shall not exceed thirty-five (35) feet high per the Maximum Building Height shown in Ordinance 11-9-1. Building FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 15 elevations were submitted with the application, but the height is difficult to read, though it appears that it may be 33'-6". The Applicant shall verify the actual height. Applicant shall present a revised elevation plan that shows more variation to the gym design on the Carlton Street side and a revised site plan showing the planned trash enclosure. 1 O. Setbacks: The proposed structure is subject to all required setbacks of Ordinance 11-9-1 for the L-O zone. The submitted site plan appears to meet all of the required setbacks. 11. Water!sewer: This facility is currently served by the City of Meridian's sanitalY sewer and water systems. Existing sanitary sewer and water assessments shall be compared with the anticipated impact, to determine whether additional assessments are warranted. If additional assessments are warranted, Applicant shall pay for them with the issuance of his building permit for tenant improvements. 12. As part of a conditional use permit, the City of Meridian may impose additional restrictions! cond i ti ons. 13. Existing trees shall be protected and retained in accordance with Meridian City Code 12-13-13. 14. 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. All parking and areas of circulation shall be improved with a hard surface in accordance with Meridian City Code 11-13-4-D, and shall be installed and striped in accordance with the approved site plan and Ordinance 11-13-4-D,- F. 15. All construction and site improvements shall confoml to the requirements of the Americans with Disabilities Act. 16. A drainage plan designed by a State ofIdaho licensed architect or engineer is required and shall be submitted to the City Engineer COrd. 557, 10 1 91) for all off- street parking areas. All drainage water is to be maintained on-site. Stoml water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The Applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 16 17. All exterior lighting, whether attached to the building or located within the parking lot, shall be down-shielded or othelwise altered so that the light does not spill over onto adjacent properties or right-of"way. All parking lot lighting shall be in accordance with Ordinance 11-13-4-C. 18. All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance or as specifically approved. All signage is subject to design review and shall require separate permits. 19. Provide five-foot-wide pedestrian walkways in accordance with City Ordinance. 20. 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 when applying for a Certificate of Zoning Compliance (CZC). 21. 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 shall acquire building permits and commence the construction of permanent footings or structures. Time extensions are allowed per the ordinance. Adopt the Recommendations of the ACHD as follows: 1. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. The Applicant should replace any unused curb cuts on 2 12 Street or Carlton Avenue with standard curb, gutter and concrete sidewalk to match existing improvements. Contact Construction Services at 387"6280 (with file number) for details. 2. Comply with all Standard Conditions of Approval. 3. Any existing irrigation facilities shall be relocated outside of the right-of-way. 4. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State ofIdaho shall prepare and certify all improvement plans. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 17 6. The Applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and propeliy development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #195, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the Applicant to verify all existing utilities within the right~of-way. Existing utilities damaged by the Applicant shall be repaired by the Applicant at no cost to ACHD. The Applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The Applicant shall contact ACHD Traffic Operations 387- 6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the Applicant or the Applicant's authorized representative and an authorized representative ofthe Ada County Highway District. The burden shall be upon the Applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the Applicant in the planned use of the prope11y which is the subject ofthis application, shall require the Applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the Applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 12. Comply with all the Standard Requirements of ACHD listed in their report dated May 14,2002. Adopt the Recommendations of the Meridian Fire Department as follows: 13. Phase II ofthe project shall require a new fire hydrant to be installed at Washington & 2Yi Street to service the new gym. Educational facilities require a fire-flow of 1500 GPM plus the amount required by the fire sprinkler system. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 18 14. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 15. Acceptance of the water supply for fire protection shall be by the Meridian Water Department. 16. All internal roads shall have radii of28' inside and 48' outside radius. 17. All internal access roads within the project shall have a clear driving surface with a minimum width of20'. 18. The Meridian Fire Department requires a fire access road around the proposed building. Such road shall have a 20' wide access road around the building during all phases of construction. The base shall have to be a minimum of 6" pit run with a top layer of 2" of %" crushed gravel. 19. The existing fire sprinkler system shall be required to be upgraded to provide coverage in areas affected by the remodeling process per national Fire Protection Standard 13. 20. The existing fire alarm shall be required to be upgraded to provide coverage in areas affected by the remodeling process per National Fire Protection Standard 72. 21. The gymnasium shall be required to comply with the Fire Code requirements for educational occupancies. 22. All modifications to the building shall have to comply with the Building Code. Adopt the Recommendations of the Central District Health Department as follows: 1. If a cafeteria for students is proposed, plans shall be submitted to and approved by CDHD. Adopt the Recommendation of Sanitary Service as follows: a. Provide waste enclosure plans. Adopt the Recommendations of the Central District Health Department as follows: 1. If a cafeteria for the students is proposed, then plans shall be submitted and approved by the Central District Health Department. Adopt the Recommendations ofthe Nampa & Meridian Irrigation District as follows: 1. All storm drainage shall be addressed, any storm drainage that leaves the site shall be reviewed and approved by the District. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 19 Additionally, comply with the action of the City Council from their meeting held on July 2, 2002 as follows: 1. The application is approved for a junior/senior high school with an auditorium, and that P & Z staff shall monitor the parking requirements to insure that Cole Valley Christian complies with MCC. (This paragraph pertains to P & Z item number 3 listed above.) 2. The plum trees that are planted around the perimeter of the site shall be sprayed to permanently stop the trees from bearing fruit each year. 3. The handicapped parking spaces shall be verified that the requirements ofthe Americans with Disabilities are met by having the plans stamped by applicant's architect. (This peliains to P & Z item number 8 listed above.) 2. The conditions shall be reviewable by the Council pursuant to Meridian City Code S 11-17-9. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. That the City Attomey draft an Order Granting Conditional Use Permit in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code g 67-6521 an affected person being a person who has an interest in real propeliy which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date ofthis decision and order seek a FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 20 judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the · r 1A.. let? .- day of cTi~ ,2002. ROLL CALL: COUNCILMAN WILLIAM L.M. NARY VOTED~L- VOTED~ VOTED~<../ VOTED $-- COUNCILMAN KEITH BIRD COUNCILWOMAN TAMMY deWEERD COUNCILWOMAN CHERIE Mc CANDLESS .- MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED DATED: 1--/f-CZ-- MOTION: y APPROVED:~ DISAPPROVED: Copy served upon Applicant, Planning and Zoning Depmtment, Public Works Department and the City Attorney. Dated: \\\\\1111111111// ,,\,,\ O~ Me.... 11111 I' -{ , ChN' " ,-,I' ~ ."-_ . t/(.}. 'I....... ~'- C; OflPOft.,q '-11- ~ :: .;,;.0 ~, ~ 5'JU'::" (') ~ /V ~ ~ - - By:d!;a:- ~~ tJ- City Clerk ' Z:\Work\M\Meridian\Meridian 1 5360M\Cole Valley Christian Church CUP02-0 15\FfClsCUP02-0] 5.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 21 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 07/02/02 IN THE MATTER OF THE ) REQUEST FOR CONDITIONAL ) USE PERMIT TO RENOVATE ) EXISTING OFICE ) AND CONVENTION CENTER INTO ) A PRIV A TE JR./SR. HIGH SCHOOL ) IN AN L-O ZONE, LOCATED AT ) 200 EAST CARLTON AVEUNE, ) MERIDIAN, IDAHO ) ) JEFFREY L. KING, ) ) APPLICANT ) ) Case No. CUP-02-015 ORDER GRANTING CONDITIONAL USE PERMIT 1. This matter coming before the City Council on the July 4, 2002, under the provisions of Meridian City Code S 11-17-4 for final action on conditional use permit application and the Council having received and approving the Recommendation of the Planning and Zoning Commission the Council takes the following action: 2. That the above named applicant is granted a conditional use permit to renovate existing office and convention center into a private Jr./Sr. High School in an L-Q zone located at 200 East Carlton Avenue, 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. Trash Enclosure: The applicant has submitted a revised Site Plan showing the trash enclosures and the building elevations. A trash enclosure shall be added to the ORDER CONDITIONAL USE PERMIT (CUP-02-015) - 1 gymnasium lot and screened in accordance with Ordinance 11-12-1-C. Applicant shall come to an agreement with SSC regarding size and dimension specifics on trash enclosure to be placed in the area of the planned gymnasium. 2. Signs: Applicant's intent is to utilize the existing monument sign presently located on the southwest comer of the property. If the Applicant provides information on additional signage he shall address the number, location, and maximum size of any proposed signs-wall-mounted or freestanding. All such signs shall require a separate sign permit and shall be subject to design review by P&Z staff. Given the historic nature of the structure and its relationship to Old Town, context-sensitive signage is important to blend with the character of the building. 3. Parking: The proposed use requires 215 parking spaces, but only 159 spaces are provided on the subject property, with an additional 33 possibly available via a cross- parking agreement, leaving a deficit of 23 parking stalls. The total parking space issue shall be reviewed and addressed at the time Cole Valley Christian shall be in need of the parking spaces. Applicant shall obtain a variance prior to applying for a Certificate of Zoning Compliance for the gym. Applicant's failure to obtain a variance shall result in down-sizing or elimination of the gym. The Applicant shall address the anticipated parking demand for the office uses that will remain, as well as the proposed school, when such variance is needed. Upon satisfactory resolution of the parking demand versus supply issue, a variance to the parking requirements would be supported. Also, the Applicant shall supply written verification that the Apostolic Bible Church is amenable to the cross-parking agreement and shall work to finalize such cross-parking agreement. 4. Planters/Parking Lot: The proposed site plan does not include planters within the interior of the parking lot. The parking lot is existing and is being modified less than 50%. The requirements of Ordinance 12-13-11-4-B apply to this project, which means that the perimeter landscaping and street buffers are required, but the internal islands are not required until the parking lot is replaced or altered more than 50%. The perimeter landscape strips shown on the proposed landscape plan are sufficient to meet this requirement. 5. Existing Trees: The existing large maple trees along E. 2 Y2 Street, adjacent to the proposed gym, shall be protected during construction as noted on the proposed plan. Applicant shall verify that the proposed new trees are sufficient to mitigate for the one existing tree proposed for removal. The existing trees surrounding the Meridian Office & Convention Center shall also be protected and retained. 6. Additional Landscaping: Many of the existing landscape strips contain trees, but the ground surrounding them is left heavily populated by weeds. Additional landscaping shall be added to all such areas so that all landscape areas are fully vegetated with grass, shrubs, and/or vegetative groundcover. A pressurized irrigation system shall be required ORDER CONDITIONAL USE PERMIT (CUP-02-015) -2 to all landscape areas. This shall require some modifications to the existing pressurized inigation system, as the cunent system provides bubblers to the trees only, but does not currently water the ground. 7. Existing Structures: The proposed gymnasium site contains two existing structures, which it appears shall be demolished as part of this project. The Applicant shall verify whether or not the existing structures will be demolished when the gymnasium is built. 8. Handicapped parking: The Applicant's architect (CTA Architects) shall verify whether or not the proposed site plan meets the requirements of the Americans with Disabilities Act, and if not, provide a revised site plan showing how the parking shall be modified. 9. Building Height: The proposed gymnasium shall not exceed thirty-five (35) feet high per the Maximum Building Height shown in Ordinance 11-9-1. Building elevations were submitted with the application, but the height is difficult to read, though it appears that it may be 33' -6". The Applicant shall verify the actual height. Applicant shall present a revised elevation plan that shows more variation to the gym design on the Carlton Street side and a revised site plan showing the planned trash enclosure. 10. Setbacks: The proposed structure is subject to all required setbacks of Ordinance 11-9-1 for the L-O zone. The submitted site plan appears to meet all of the required setbacks. 11. Water/sewer: This facility is currently served by the City of Meridian's sanitary sewer and water systems. Existing sanitmy sewer and water assessments shall be compared with the anticipated impact, to determine whether additional assessments are wananted. If additional assessments are warranted, Applicant shall pay for them with the issuance of his building permit for tenant improvements. 12. As part of a conditional use permit, the City of Meridian may impose additional restri ctions/ condi tions. 13. Existing trees shall be protected and retained in accordance with Meridian City Code 12- 13-13. 14. 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. All parking and areas of circulation shall be improved with a hard surface in accordance with Meridian City Code 11-13-4-D, and shall be installed and striped in accordance with the approved site plan and Ordinance 11-13-4-D, -F. 15. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act. ORDER CONDITIONAL USE PERMIT (CUP-02-015) -3 16. A drainage plan designed by a State ofIdaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10 1 91) for all off-street parking areas. All drainage water is to be maintained on-site. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The Applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 17. All exterior lighting, whether attached to the building or located within the parking lot, shall be down-shielded or otherwise altered so that the light does not spill over onto adjacent propeliies or right-of-way. All parking lot lighting shall be in accordance with Ordinance 11-13-4-C. 18. All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance or as specifically approved. All signage is subject to design review and shall require separate permits. 19. Provide five-foot-wide pedestrian walkways in accordance with City Ordinance. 20. 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 when applying for a Celiificate of Zoning Compliance (CZe). 21. 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 shall acquire building permits and commence the construction of permanent footings or structures. Time extensions are allowed per the ordinance. Adopt the Recommendations of the ACHD as follows: 1. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. The Applicant should replace any unused curb cuts on 2 Y2 Street or Carlton Avenue with standard curb, gutter and concrete sidewalk to match existing improvements. Contact Construction Services at 387-6280 (with file number) for details. 2. Comply with all Standard Conditions of Approval. ORDER CONDITIONAL USE PERMIT (CUP-02-015) -4 3. Any existing irrigation facilities shall be relocated outside of the right-of-way. 4. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 6. The Applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required pemlits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #195, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the Applicant to verify all existing utilities within the right-of- way. Existing utilities damaged by the Applicant shall be repaired by the Applicant at no cost to ACHD. The Applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The Applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the Applicant or the Applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the Applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the Applicant in the planned use of the property which is the subject of this application, shall require the Applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the Applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. ORDER CONDITIONAL USE PERMIT (CUP -02-015) -5 12. Comply with all the Standard Requirements of ACHD listed in their report dated May 14, 2002. Adopt the Recommendations of the Meridian Fire Department as follows: 1. Phase II of the project shall require a new fire hydrant to be installed at Washington & 212 Street to service the new gym. Educational facilities require a fire-flow of 1500 GPM plus the amount required by the fire sprinkler system. 2. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 3. Acceptance of the water supply for fire protection shall be by the Meridian Water Department. 4. All internal roads shall have radii of28' inside and 48' outside radius. 5. All internal access roads within the project shall have a clear driving surface with a minimum width of20'. 6. The Meridian Fire Department requires a fire access road around the proposed building. Such road shall have a 20' wide access road around the building during all phases of construction. The base shall have to be a minimum of 6" pit run with a top layer of 2" of %" crushed gravel. 7. The existing fire sprinkler system shall be required to be upgraded to provide coverage in areas affected by the remodeling process per national Fire Protection Standard 13. 8. The existing fire alarnl shall be required to be upgraded to provide coverage in areas affected by the remodeling process per National Fire Protection Standard 72. 9. The gymnasium shall be required to comply with the Fire Code requirements for educational occupancies. 10. All modifications to the building shall have to comply with the Building Code. Adopt the Recommendations of the Central District Health Department as follows: 1. If a cafeteria for students is proposed, plans shall be submitted to and approved by CDHD. Adopt the Recommendation of Sanitary Service as follows: ORDER CONDITIONAL USE PERMIT (CUP-02-015) -6 1. Provide waste enclosure plans. Adopt the Recommendations of the Central District Health Department as follows: 1. If a cafeteria for the students is proposed, then plans shall be submitted and approved by the Central District Health Department. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: 1. All storm drainage shall be addressed, any storm drainage that leaves the site shall be reviewed and approved by the District. Additionally, comply with the action of the City Council from their meeting held on July 2, 2002 as follows: 1. The application is approved for ajuniorlsenior high school with an auditorium, and that P & Z staff shall monitor the parking requirements to insure that Cole Valley Christian complies with MCC. (This paragraph pertains to P & Z item number 3 listed above.) 2. The plum trees that are planted around the perimeter of the site shall be sprayed each year to insure that no fruit will be produced from them. 3. The handicapped parking spaces shall be verified that the requirements of the Americans with Disabilities are met by having the plans stamped by applicant's architect. (This pertains to P & Z item number 8 listed above.) 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. Notice to Permit Holder, this conditional use permit is not transferable without complying with the provisions of Meridian City Code S 11-17-8, a copy of which is attached to this permit. ORDER CONDITIONAL USE PERMIT (CUP-02-015) -7 By action of the City Council at its regular meeting held on the 161A-- day of ~rdrf ; 2002. Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. BY~~P~~ lty Clerk Dated: 1-17---0 t- \\\\11111111/1/ \\\\ ///1 ,,,\\ _I of M~I~/II" " A"'\ I......... ....' \. ' '-1. 'l ;- CJ rP'f\POR..q h r,.z.. ~ ~ ~ ~o-s. ~ ~ ~ S Z:\Work\M\Meridiull\Mcridiull 15360M\Colc VaHey Christian Church CUP02-015\OrderCUP.doe SEAL ~)>'~ &- ~ ;::: -Q~ "Qi 0 2 ~ C) u r 1S'\ ' ~ $ ~ ..., ~ ....... ,........" CO' 'NT..J ~ ",,:-' "III v, l. \\\ It II II 11 I [(;n\\~\\ ORDER CONDITIONAL USE PERMIT (CDP-02-015) -8 BEFORE THE MERIDIAN CITY COUNCIL CIC 07-02-02 IN THE MATTER OF THE ) APPLICA TION OF IMAGING ) CENTER RADIOLOGISTS, L.L.P., ) REQUEST FOR VARIANCE TO ADD ) AN ADDITIONAL SIGN ON A ) LARGE MEDICAL CLINIC AND ) RADIOLOGY CENTER BUILDING ) IN AN L-O ZONE, LOCATED AT 2929 ) EAST MAGIC VIEW DRIVE, ) MERIDIAN, IDAHO ) CASE NO. V AR-02-008 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION DENYING VARIANCE The above entitled matter coming on regularly for public hearing before the City Council on July 2, 2002, and Shari Stiles, Planning and Zoning Administrator, Jason Keeble, and Karen Noyes, appeared and testified, and the City Council having received the transmittal to agencies and having received the variance application, having heard the testimony presented, being fully advised in the premises does hereby make the following Findings of Fact and Conclusions of Law and Order of Decision, as follows to-wit: STATEMENT OF LEGAL AUTHORITY AND JURISDICTION: CONCLUSIONS OF LAW Judicial Notice: The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION DENYING VARIANCE / IMAGING CENTER RADIOLOGISTS, L.L.P. / (V AR-02-008) Page 1 of 7 1. The City of Meridian has authority pursuant to the enactment of the "Local Land Use Planning Act" codified at Chapter 65, Title 67, Idaho Code and in particular in S 67-6516 to provide as part of its zoning ordinance for the process of applications for variance permits. 2. The City of Meridian has duly exercised its authority ofIdaho Code S 67-6516 by the enactment as a part of its Zoning and Development Ordinance variances, as set forth in Meridian City Code S 11-18. 3. That the requirements for the processing of a variance request are set forth in Idaho Code S 67-6509, 6516 and Meridian City Code S S ] 1-15-5 and 11-17-5. 4. Application and standards for variances are set f01th in Meridian City Code S 11-18-2, and the findings which are required are set forth in Meridian City Code S 11-18- 3, include required findings that there are special circumstances or conditions affecting the property that strict application of the provisions of Zoning and Development Ordinance would clearly be impracticable and unreasonable, and a finding that strict compliance with the requirements of the Zoning and Development Ordinance would result in extraordinary hardship to the owner, subdivider or developer because unusual topography, the nature or condition of adjacent development, or other physical conditions or other conditions that make strict compliance with the ordinance unreasonable under the circumstances, or that the conditions and requirements of said ordinance will result in inhibiting the achievements or the objectives of the ordinance, and that the granting of a specified variance will not be detrimental to the public's welfare or injurious to other property in the area in which the property is situated, and that such FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION DENYING VARIANCE / IMAGING CENTER RADIOLOGISTS, L.L.P. / (V AR-02-008) Page 2 of 7 variance will not have the effect of altering the interest and purposes of the Zoning and Development Ordinance and the Meridian Comprehensive Plan. 5. Meridian City Code, S 11-18-3, and in particular item S 11-18-3 A and B, FINDINGS, and in the L-O zone, which provides as follows: 11-18-3 FINDINGS: A. That there are such special circumstances or conditions affecting the property that the strict application of the provisions ofthis Title would clearly be impracticable or unreasonable. B. That strict compliance with the requirements of this Title would result in extraordinary hardship to the owner, subdivider or developer because of unusual topography, the nature or condition of adjacent development, other physical conditions or other conditions that make strict compliance with this Title unreasonable under the circumstances, or that the conditions and requirements of this Title will result in inhibiting the achievements or the objectives of this Title. C. That the granting of the specified variance will not be detrimental to the public's welfare or injurious to other property in the area in which the property is situated. D. That such variance will not have the effect of altering the interest and purpose of this Title and the Meridian Comprehensive Plan. STATEMENT OF FACTS RELATIVE TO LEGAL AUTHORITY AND JURISDICTION FINDINGS OF FACT 1. The applicant, Imaging Center Radiologists, L.L.P, and owner of the property located at 2929 E. Magic View Drive, filed for a variance from the requirements of Meridian City Code at S 11- I 4-9 F. 3. in order to install a second wall sign on the east side of their building that would be visible from S. Allen Street. 2. Applicant, Imaging Center Radiologists, L.L.P., seeks a variance of the sign FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION DENYING VARIANCE I IMAGING CENTER RADIOLOGISTS, L.L.P. I (V AR-02-008) Page 3 of 7 requirements because their existing wall sign is visible only from E. Magic View Drive. 3. The location of the subject property is located in a Limited Office District (L-O) at 2929 E. Magic View Drive, Meridian, Idaho. 4. The legal description of the propeliy appeliains to the real property that is included within the Vicinity Map as appears in the record of proceeds of this matter, and which legal description is on file in the City Clerk's office at Meridian City Hall. 5. It is found that there are no special circumstances affecting the property that would make the strict application of the sign ordinance impractical or unreasonable. The applicant already has the ability to place at least four signs on the propeliy; free-standing signs on both Magic View Drive and Allen Street and wall signs (existing) visible from Magic View Drive on the east side of the building and the north side ofthe building. The applicant can re-Iocate the existing wall sign to the north side of the building and that would allow for a new wall sign to be placed on the east side of the building, as requested, and then apply for two free standing signs if they need more signage. 6. It is found that the "L" shaped configuration of the subject lot does restrict the visibility and identification of the applicant's building when viewed from Allen Street. However, it is not found that the shape of the lot, or the physical conditions affecting the property is an extraordinary hardship. The applicant can apply for a" free-standing sign on Allen Street that should alleviate any confusion with finding the applicant's building. No unreasonable specific circumstances and conditions that make strict compliance with MCC 11-14-9 F.3. are found, or that the conditions and requirements of this Title will result in inhibiting the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION DENYING VARIANCE I IMAGING CENTER RADIOLOGISTS, L.L.P. I (V AR-02-008) Page 4 of 7 achievements or objectives of the Zoning Ordinance and Sign Ordinance. 7. It is found that the requested variance will not be detrimental to the public's welfare or injurious to other properties in the area. However, the goals and objectives of the Sign Ordinance will be compromised should a variance be granted. 8. It is found that the issuance of a variance for the additional wall sign will have the effect of altering the purpose and interest of the Sign Ordinance. The Sign Ordinance provides for additional wall signs and free-standing signs that could be placed on site without the need for a variance. No justification can be found for allowing a variance to the Sign Ordinance when several options that comply with the Sign Ordinance exist. 9. Pursuant to the staff testimony and action of the City Council at their July 2, meeting, that the request for variance should be denied because no facts exist which satisfy the requirements ofMCC 11-14-9 F. 3. 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. Pursuant to SS 11-18-3 A and Band 11-14-9 F.3., which prohibits more than one wall sign on each side of a building used by a single tenant, and that there are no special circumstances affecting the property that would make the strict application of the sign ordinance impracticable or unreasonable, and that there no specific circumstances and conditions that make strict compliance to MCC 11-14-9 F. 3. unreasonable, or that the conditions and requirements ofthis Title would result in inhibiting the achievements or objectives of the Zoning Ordinance and Sign Ordinance, and lastly FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION DENYING VARIANCE / IMAGING CENTER RADIOLOGISTS, L.L.P. / (VAR-02-008) Page 5 of 7 the Sign Ordinance would have to compromised if the variance was granted, the Applicant is hereby denied the sign variance as per the decision of the City Council at their July 2,2002, meeting, for the real property located at 2929 E. Magic View Drive, Meridian, Idaho. NOTICE OF FINAL ACTION Please take notice that this is a final action ofthe governing body of the City of Meridian. Pursuant to Idaho Code S 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of a variance authorizing a sign variance ofMCC 911-14-9 F.3. as provided for in MMC 911-18, 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. By action of the City Council at its regular meeting held on the 'G11. I - day of ~J-. (j ,2002. ROLL CALL: COUNCILMAN KEITH BIRD VOTED~ VOTED tv/v COUNCILWOMAN TAMMY deWEERD COUNCIL WOMAN CHERIE McCANDLESS VOTED tjLC-./ (j COUNCILMAN WM. L.M. NARY VOTED~ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION DENYING VARIANCE / IMAGING CENTER RADIOLOGISTS, L.L.P. / (V AR-02-008) Page 6 of 7 - MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: ?-(G-(!)l MOTION: APPROVED: ~ - VOTED DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department, and the City Attorney office. Byd~~ ffiv~/J City Clerk I' Dated: ... ~ ~ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION DENYING VARIANCE / IMAGING CENTER RADIOLOGISTS, L.L.P. / (V AR-02-008) Page 7 of 7 2002 JL 24 f\~ 9: 47 RECORDEO;Rl~ST~f , FEE~~~ 102083000 MERIDIAN GI rv , ADA. COUNTY RECORDER ~i . "'u' u\nD \1 'V^POO ...,. .'.... I \ I \ 1 ~ ~ ~ . ~J... e,~[3C:, !G/'JiO lAd DEVELOPMENT AGREEMENT PARTIES: 1. 2. Citv of Meridian J. Ramon and Marilyn Yorgason, husband and wife, Ov'ffiers Capital Development Corporation, Developer 3. THIS DEVELOPp.;IENT AGREEMENT (this "Agreement"), is made and entered into this q-ifl. day of J?Lli ,2002-, by and between eI1Y OF ivIERIDIA1"I, a municipal corporation of the State of Idaho, hereafter called "CITY", and RAivION AND N1ARlLYN YORGASON, husband and \-vife, hereinafter called "OWNERS", whose address is 2304 N. Cole Road, Boise, Idaho. 83704, and CAPITAL DEVELOPMENT CORPORTION, hereinafter called "DEVELOPER", whose address is 2304 N. Cole Road, Boise, Idaho 83704. 1. RECITALS: 1.1 WHEREAS, "Q\vners" are the sole O\'ffiers, in law andlor equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the "Property"; and 1.2 WHEREAS, r.c. s67 -6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the "Ovvners" or "Developer" make a \'IIYitten commitment concerning the use or development of the subject "Propertt'; and 1.3 WHEREAS, lICity" has exercised its statutory authority by the enactment of Ordinance 11-15-12 and 11-16-4 A, which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, "Owners" and "Developer" have submitted an application for annexation and zoning of the "Property"s described in Exhibit A, and has requested a DEVELOPMENT AGREEMENT (AZ-O 1-027) - 1 designation of (R~8) Medium Densi(y Residential District, (Municipal Code of (he City of Meridian); and 1.5 vVHER.EJ\S. "Ov.mers" and "Developer" made representations a( the public hearings bOLh before the Meridian Planning & Zoning Commission and before (he Meridian City Council, as to how the subject "Propeny" "vill be developed and what improvements vvill be made; and 1.6 vVHEREAS, record of the proceedings for the requested annexation and zoning designation of [he subject "Pro.perri' held before the Planning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services vvithin the City of Meridian planning jurisdiction, and received funher testimony and comment; and 1.7 vVHEREAS, City Council, the IG~ day of /J;;1-rL , 2002, has approved cenain Findings of Fact and Conclusions of Law and Decision and Order, set forth in Exhibit B, which are attached heretO and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the "Findings"); and 1.8 WHEREAS, the "Findings" require the "Ovvners" and "Developer" enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1. 9 "OWNERS" and "DEVELOPER" deem it to be in its best interest to be able to enter into this Agreemem and acknowledges that this Agreement was entered into voluntarily and at its urging and requests; and 1.10 WHEREAS, "City" requires the "Ovvners" and "Developer" to enter into a development agreement for the purpose of ensuring that the "Property" is developed and the DEVELOPMENT AGREEMENT (AZ-Ol ~027) - 2 subsequent use of the "Property" is in accordance \i\,'ith the terms and conditions of this development agreement, herein being established as a result of evidence received by the "City" in the proceedings for annexation and zoning designation from government subdi\isions providing services within the planning jurisdiction and from affected property owners and to ensure annexation and zoning designation is in accordance vvith the Comprehensive Plan of the City of lvferidian adopted December 21, 1993, Ordinance #629, January 4, 1994, and the Zoning and Development Ordinances codified in Meridian City Code Title 11 and Title 12. NO\N, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the follmving words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires othenvise: 3.1 "CITY": means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 "OYVNERS": means and refers to J. Ramon Yorgason and Marilyn Y orgason, husband and vvife, whose address is 2304 N. Cole Road, Boise, Idaho 83704, the party developing said "Property" and shall include any subsequent ovvner(s)/developer(s) of the "Property". 3.3 "DEVELOPER": means and refers to Capital Development Corporation, whose address is 2304 N. Cole Road, Boise, DEVELOPMENT AGREEl'vlENT (AZ-O 1-027) - 3 Idaho 83704, the parry developing said "Property" and shall include any subsequent mvner(s)/developer(s) of the "Property" . 3.3 "PROPERTY"; means and refers to that certain parcel(s) of "Property" located in the County of Ada, City of Meridian as described in Exhibit "A", attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERNlITTED BY THIS AGREENIENT: 4.1 The.uses allowed pursuant to this Agreement are only those uses allowed under "City"'s Zoning Ordinance codified at Meridian City Code Section ll-7~2 (D) which are herein specified as follows: Development of a single1amily residential subdivision consisting of 272 dwellings, with approximately 10.2 acres oj open space on 14 common lots, including two pocket parks with a total of 2.5 7 acres, and .4 acres in 2 landscape buffer lots. Development shall be consistent with the Meridian Comprehensive Plan Generalized Lane Use Map which designates the property as Single Family Residential, and go through the planned development process and as conditional uses. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. DEVELOPMENT IN CONDITIONAL USE: "Ovvners" and "Developer" are not required to submit to "City" an application for conditional use permit. 6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: DEVELOPMENT AGREEMENT (AZ-O l-027) - 4 A. "O\-vners" and "Developer" shall develop the "Property" in accordance "vith the following special conditions: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. The applicant shall be responsible for designing and inStalling a new 12- inch diameter water main in Linder Road, from its current location at the intersection ....vith Ustick Road. Sewer service for this development shall be provided by the ",\!hite Drain Tnmk. The City of Meridian is in the design phase of this trunk, "vith commencement of construction estimated at April of this year. The applicant shall be responsible to provide main connections to the VVhite Drain Trunk to serve this development. Adopt the Recommendations of the ACHD as follows: 1. Applicant shall construct the follmving stub streets: a. At the north property line approximately 700 feet west of the east property line, as proposed; At the east property line approximately 100 feet south of the north property line, as prop?sed; At the east property line approXlmately 150 feet north of the south property line; On the north property line approximately 750 feet east of the west property line; and On the soudi. property line approximately 500 feet west of the east property line. b. c. d. e. 2. Due to the fact that Meridian School District does not want a vehicular access to the property to the future school site, the applicant should construct a pedestrian walkway to allow pedestrians to access the school site vvithout utilizing the arterial roadway. Special Notification to Applicant 3. To be consistent with previous Facts and Findings and Commission action, the applicant should recognize that this development (the preliminary plat and conditional use) may be subject to any extraordinary impact fee or LID established by ACHD. Any DEVELOPNffiNT AGREEMENT (AZ-Ol-027) - 5 implementation of extraordinary impact fees or an LID would first be subject to a public hearing. 4. To promote a safe pedestrian walkway on Linder Road, District staff recommends that the applicant work vvith the owner of the "out parcel" to the south to dedicate right-of-way and construCt 5-foot concrete sidewalk. The following Site Specific Requirements and Standard Requirements must be met or provided for prior to ACHD approval of the final plat: Site Specific Requirements: 5. Dedicate 48-feet qf right-of-way from the centerline of Linder Road abutting the parcel by means of recordation of a final subdivision plat prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-oE-way dedication after receipt of all requested material. The mvner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way if the mvner submits a letter of application to the impact fee administrator prior to brealdng ground, in accordance with ACHD Ordinance # 195. The right-oE-way purchase agreement must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission. 6. Construct a 5-foot vvide detached concrete sidewalk on Linder Road located 2.feet vvithin the new right-of-way. Coordinate the location and elevation of the sidewalk with District staff. If the sidewalk meanders outside of the right-of-way, provide an easement for the sidewalk. 7. Construct the main entrance to the subdivision, West Monument Drive, located 550-feet south of the north property line, as proposed. West Monument Drive shall be designed \ovith 2 I-foot street sections on either side of a center median. The median shall be constructed a minimum of 4-feet "vide (maximum 12-feet "vide) to total a minimum of a 100- square foot area. The applicant "vill be required to dedicate 54-feet of right-of-way plus the additional "vidth of the median. DEVELOPMENT AGREEMENT (AZ-Ol-027) - 6 8. Construct a protected left-turn lane at the site driveway, as determined by the traffic impact StUdy that was submitted. The applicant shall coordinate the design and location "vith District staff. 9. Construct all public roads "vithin the subdivision as 36-foot street sections with curb, gutter, and S-toOt "vide concrete sidewalks "vithin 50- feet of right-of-way. 1 O. \Vest Monument Drive segments shall be designated as a collector roadway "vith no front-on housing and access restrictions for this street segments shall be stated on the final plat. District policy requires that these street segments be constructed as 39-foot street section "vithin 52- feet of right-of-way with curb, gutter and 5-foot "vide concrete sidewalks. 11. Construct a stub street that is located at the north property line approximately lOO-feet west of the east property line, as proposed. 12. Construct a stub street that is located at the east property line approximately 1 DO-feet south of the north property line, as proposed. 13. Construct a stub Street that is located at the east property line approximately ISO-feet north of the south property line, as proposed. 14. Construct a stub street that is located on the north property line approximately 750-feet east of the west property line. 15. Construct a stub street that is located on the south property line approximately SOO-feet west of the east property line. 16. The applicant shall be required to install a sign at the terminus of these roadways stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street, and the design of the turnaround (if necessary) 'vvith District staff. DEVELOPMENT AGREENlENT (AZ-Ol-027) - 7 17. Construct an ACHD approved turnaround at the end of vVest Cresent Court, North Clearbrooke Place, North Buckstone Place and North Denali Place. Submit a design of the turnaround for review and approval by District staff. 18. The turnarounds shall be constructed to provide a min,imum turning radius of 45-feet. The applicant shall also be required to provide a minimum of a 29-foot street section on either side of any proposed center islands ."vithin the turnarounds. The medians shall be constructed a minimum of 4-feet "vide to total a minimum of a lOa-square foot area. Dedicate 54-feet of right-of-way plus the additional \vidth of the median. 19. Any proposed landscape islands/medians \vithin the public right-oE-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this shall be required on the final plat. 20. Any existing irrigation facilities shall be relocated outside of the right-of- way. 21. Utility street cuts in pavement less than five years old are not allowed unless approved in "\-vriting by the District. Contact Construction Services at 387-6280 (vvith file numbers) for details. 22. All utility relocation cOSts associated with improving street frontages abutting the site shall be borne by the developer. 23. Other than the access point specifically approved \vith this application, direct lot or parcel access to Linder Road is prohibited. Lot access restrictions, as required \-vith this application, shall be stated on the final plat. Standard Requirements: 24. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #195, also known as Ada County Highway District Road Impact Fee Ordinance. DEVELOPMENT AGREEMENT (AZ-O 1-027) - 8 'r -). 26. 27. 28. All design and construction shall be in accordance "vith the Ada County Highway District Policy Manual, ISP\NC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. - It is the responsibility of the applicant to verify all existing utilities "vithin the right~of-way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to call DIGLINE (1-800-342-1585) at least tWO full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. No change in the terms and conditions of this approval shall be valid unless they are in wfiting and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain "vritten confirmation of any change from the Ada County Highway District. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. Adopt the Meridian Fire Department Recommendations as follows: I. A fire-flow of 1,000 gallons per minute shall be available for a duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart at approved locations. DEVELOPlYIENT AGREEMENT (AZ-OI-027) - 9 2. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 3. Accep tance of water supply for fire protection is contingent upon acceptance of the water system by the City of rvIeridian. 4. Final approval for fire hydrant location shall be by the iVleridian Fire Department. 5. All turning radii shall be a minimum of 28' inside and 481 outside for the internal road system. 6. Insure that all yet undeveloped parcels are maintained free of combustible vegetation. 7. The roadways shall be built to Ada County Highway standards. 8. Any roadway greater than 150' in length that is not provided \vith an outlet shall be required to have a turnaround; this requirement may apply during the phasing of the project. 9. Provide one additional access road to service Great Basin, White Sands, Biscayne Park and Melrose Park. Additionally, comply lNith the action of the City Council from their March 19, 2002 meeting as follows: 1. The typical Micro-path section is not approved as shm'm on the Preliminary Plat. All drainage shall be maintained within the 7 Yz foot area on either side of the micro-path, not drained to the fence line as shown on the Preliminary Plat. 2. A minimum three~foot-wide separation between the asphalt pathway and adjacent building lots has not been followed, (typical micro-path with drainage section). 3. Show the moving of phase lines for Phases 3 and 4. DEVELOPMENT AGREEMENT (AZ-OI-027) - 10 4. Show existing and proposed easements on the plat as required by State Code and Citv Ordinance. 5. vVithin Settler's Irrigation District's letter dated March 19, 2002, they are requesting easements of 60 feet on the vVhite Drain and 30 feet on the Coleman Lateral, which dimensions are not depicted on the most recently submined preliminary pIaL If joint trench is to be utilized for the Coleman Lateral easement, a minimum 15-foot-\vide easement \vill be required along the frontage of all lots on the east side of Nonh Hyde Park Avenue. The preliminary plat needs to reflect compliance vvith agency approvals or vvritten evidence from those agencies must be submitted if conflicting conditions of approval are agreed upon. Additionally, the .District also requires the Coleman Lateral be tiled, and that the pressurized irrigation system be installed according to the District's standards and specifications. 6. Applicant has submitted a letter dated April 2, 2002, which addresses Settler's Irrigation District, and which is on file with the Meridian City Clerk's office. 7. COMPLIANCE PERlOD/ CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of the "Ovmers" and "Developer" or "Ovvners" and "Developer"'s heirs, successors, assigns, to comply vvith Section 6 entitled "Conditions Governing Development" of subject "Property" of this agreement vvithin two years of the date this Agreement is effective, and after the "City" has complied vvith the notice and hearing procedures as outlined in LC. r 67-6509, or any subsequent amendments or recodifications thereof. 8. CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: "O'Ymers" and "Developer" consent upon default to the de- annexation and/or a reversal of the zoning designation of the "Property" subject to and conditioned upon the follovving conditions precedent to-\vit: DEVELOPrvlENT AGREEMENT (AZ-OI-027) - 11 8.1 That the "City" provide "vritten notice of any failure to comply with this Agreement to "O\vners" and "Developer" and if the "O\vners" and "Developer" fails to cure such failure vvithin Sl.'\: (6) months of sllch notice. 9. INSPECTION: "Owners" and "Developer" shall, immediately upon completion of any portion or the emirety of said development of the "Property" as required by this agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance vvith the tem1S and conditions of this Development Agreement and all other ordinances of the "City" that apply to said Development. 10. DEFAULT: 10.1 In the event "O....vners': and "Developer", "O\ovners" and "Developer"'s heirs, successors, assigns, or subsequent ovvners of the "Property" or any other person acquiring an interest in the "Property", fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the "Property", this Agreement may be modified or terminated by the "City" upon compliance with the requirements of the Zoning Ordinance. 1 0.2 A waiver by "City" of any default by "o"vners" and "Developer" of anyone or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of "City" or apply to any subsequent breach of any such or other covenants and conditions. 11. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at "Owners" and "Developer"'s cost, and submit proof of such recording to "O\omers" and "Developer", prior to the third reading of the Meridian Zoning Ordinance in connection \ovith the annexation and zoning of the "Property" by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the DEVELOPMENT AGREErvrENT (AZ-OI-027) - 12 annexation and zoning of the "Property" contemplated hereby, the "City" shall execme and record an appropriate instrument of release of this Agreement. 12. ZONING: "City" shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein. 13. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either "City" or "Ovmers" and "Developer", or by any successor or successors in tide or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 13.1 In the event of a material breach of this Agreement, the parties agree that "City" and "Owners" and "Developer" shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non~breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thiny (30) day period and thereafter shall prosecute the curing of same 'with diligence and continuity, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same vvith diligence and co ntin ui ty. 13.2 In the event the performance of any covenant to be performed hereunder by either "O"vner" and "Developer" or "City" is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, 'without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. DEVELOPr.tfENT AGREEMENT (AZ-OI-027) - 13 14. SURETY OF PERFOR1\1ANCE: The "City" may also require surety bonds, irrevocable letters of credit, cash deposits, cenitled check or negotiable bonds, as allowed under Meridian City Code' 12-5-3, to insure that installation of the improvements, which the "Owners" and "Developer" agrees to provide, if required by the "city". IS. CERTIFICATE OF OCCUPANCY: The "O\vners" and "Developer" agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the "City" and "o..vners" and "Developer" have entered into an addendum agreement stating when the improvements \vill be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the "City". 16. ABIDE BY ALL CITY ORDINANCES: That "O\vners "and "Developer" agrees to abide by all ordinances of the City of Meridian and the "Propeny" shall be subject to de-annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 17. NOTICES: .Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows; CITY: O\^fNERS: c/o City Engineer City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 J. Ramon and Marilyn Yorgason 2304 N. Cole Road Boise, Idaho 83704 \vith copy to: DEVELOPER: City Clerk City of Meridian 33 E. Idaho Ave. Capital Development Corporation 2304 N. Cole Road Boise, Idaho 83704 DEVELOPMENT AGREErvIENT (AZ-OI-027) - 14 Nleridian, ID 83642 17.1 A party shall have the right to change its address by delivering to the other party a \vrirren notification thereof in accordance vvith the requirements of this section. 18. ATTOR1'\JEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing parry shall be entitled, in addition to any other relief as may be granted, to coun costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parries and shall survive any default, termination or forfeiture of this Agreement. 19. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 20. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including "Cityn's corporate authorities and their successors in office. This Agreement shall be binding on the owner of the "Property", each subsequent owner and any other person acquiring an interest in the "Property". Nothing herein shall in any way prevent sale or alienation of the "Property", or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or ovvners shall be both benefitted and bound by the conditions and restrictions herein expressed. "City" agrees, upon "Written request of "Ovvners" and "Developer", to execute appropriate and recordable evidence of termination of this Agreement if "City", in its sole and reasonable discretion, had determined that "Owners" and "Developer" has fully performed its obligations under this Agreement. 21. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be DEVELOPMENT AGREEMENT (AZ-Ol-027) - 15 deemed (0 be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 22. FINAL AGREEMENT: This Agreement sets fonh all pronlises, inducements, agreements, condition and understandings between "O\vners" and "Developer" and "City" relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or \vrinen, express or implied, between "O"vners" and "Developer" and "City", other than as are stated herein. Except as herein othenvise provided, no subsequent alteration, amendment. change or addition to this Agreement shall be binding upon the panies hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, "vith respect to "CitY", to a duly adopted ordinanc.e or resolution of "City". 22.1 No condition governing the uses and/or conditions governing development of the subject "Property" herein provided for can be modified or amended without the approval of the City Council after the "City" has conducted public hearing(s) in accordance "vith the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 23. EFFECTIVE DATE OF AGREEMENT: This Agreement shaH be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection .....vith the annexation and zoning of the "property" and execution of the Mayor and City Clerk. DEVELOPMENT AGREEMENT (AZ~O l-027) ~ 16 ACKNOWLEDGMENTS IN vVITNESS vVHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. 1I~~l ~ --' M ril Yor s n CAPTIAL DEVELOPMENT CORPORATION,DEVELOPER Attest: BY: DEVELOPMENT AGREEMENT (AZ-OI-OOl) - 17 CITY OF !vlERIDIAi'\J R ROBERT D. CORRiE /1r;n-vve.L 6:; t~'0 (!t-~/U:d 7-/6-f)z- Attest: :ss - ... :;:- ~j; I{~.. ,C). ITY CLERK UC-T STATE OF IDAHO) COUNTY OF ADA) On this 9' D- day of ~ ' in the year 2002, before me, De- /) /')ytL',~ D. luR f:. a Notary Public, personally appeared J. Ramon and Marilyn Y orgason, husband and \vife, known or identified to me to be the persons who executed the instrument and acknowledged to me that they executed the same. ~ gJu;~ if).~ Notary Public for Idaho Residing at:70J)I~_ v?k"-E~ Commission expires: t)'.g /.:J. i JtJ .-S- , / EAlOeVONA D. LUKE NOTARY PUBLIC STATE OF IDAHO DEVELOPMENT AGREEMENT (AZ-OI-OOl) - 18 STATE OF IDAHO) :ss COUNTI OF ADA) On this 9 !3- dav of ~ ' in the year 2002, before me, De UDfLC\- Ji Lu/c",_ aN.. ary Public, pers~nally appeared -1- 1(4.- Me1\. t:'J;:a ~L'i"L and - knmvn or identified to me to e t e 1> r ~Si d e it t- and of Capital Development Corporation, and the persons who executed the instrument and acknowledged to me that they having executed the same on behalf of said Capital Development Corporation. ,of DeVONA D. LUKE NOTARY PUBLIC ( EAI.$TATE OF IDAHO Ji-/2d;(~ 4J J X~ Notary Public for Idaho Residing at: ;r1}..o~ V1~J.-A- Commission expires: <:) ~/a "/0 S-- STATE OF IDAHO ) :ss County of Ada On thiS~ day of ~ ' in the year 2002, before me, a Notary Public, personally appe red Robert D. Corrie and William G. Berg, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the sams..... ..'" N S .... ... /o1:~4j};... :iI"J / ~ J.. "?~ 2lJ ~ Srvu~ Ly : ( I : v~cuvr{(-r;h-J .. I j · (SEAL) -.,. \. ~ /.. ..: Notary Public for Idaho ...~-&~tO~.. Commission expires: Lf-Zg-05 Z:\Work\M\Meridian\Meridl~~~aldwin Park Sub AZOI-027 PPOI-024 VAROI-oZOIDevelopAgr.doc DEVELOPMENT AGREEMENT (AZ-OI-OOl) - 19 EXHIBIT A Legal Description Of Property A parcel of land located in the South I/~ of the NvV l;4 of Section 36, Tmvnship 4 North, Range I vVest of the Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the SW corner of the N\V Y-I (West V4 comer) of Section 36, TAN., R.l 'YV., B.M" thence S 89009'04" E 273.36 feet along the south line of said NW Y4 to the REAL POINT OF BEGINNING of this description; Thence N 00015' 17" E 436.73 feet to a point; Thence N 86036'00" W 248.72 feet to a point on the easterly right.of-way of Under Road; Thence N 89044'43" 'YV 25.00 feet to a point on the west line of said NW Y4; Thence N 00015'1?" E 869.87 feet along said west line to the northwest corner of the south V2 of said NW Y4; Thence 589016'31" E 2,676.85 feet to the northeast corner of the south lh of the NW Y4; Thence 50028'15" W 1,323.17 feet 'to the southeast corner of the south Y2 of the NW V4; DEVELOPMENT AGREEMENT (AZ-OI-OOl) - 20 Thence N 89009'04" W 2,398.55 feet along the south line of said N\N Yo! to the REAL POINT OF BEGINNING of this description. Said parcel contains 78.279 acres, more or less. DEVELOPMENT AGREEMENT (AZ-OI-001) - 21 EXHIBlT B Findings of Fact and Conclusions of Law/Conditions of Approval DEVELOPMENT AGREEMENT (AZ-Ol-001) - 22 BEFORE THE lv{ERlDlAJ'\[ CITY COUNCIL CJC 03-19-02 IN THE NlA TTER 0 F THE ) APPLICATION OF CAPITAL ) DEVELOPMENT CO., THE ) APPLICATION FOR ) A1"\TNEXATION A1'\ID ZONING ) OF 77.9 ACRES FOR ) PROPOSED BALDWIN PARl( ) SUBDIVISION, LOCAT,ED Y4 ) MILE SOUTH OF MdvlILLAN ) ROAD, EAST SIDE OF LINDER ) ROAD, MERlDlAl"1, IDAHO ) Case No. A2-0 1.02 7 FINDINGS OF FACT AL'\J'D CONCLUSIONS OF IAvV AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING The above entitled annexation and zoning application having come on for public hearing on March 19, 2002, at the hour of 6:30 p.m., and Shari Stiles, Planning and Zoning Administrator, Steve Arnold, and Dave Yorgason, appeared and testified, and the City Council having duly considered the evidence and the record in this matter therefore makes the foIlo\-ving Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT 1. There has been compliance vvith all notice and hearing requirements set forth in Idaho Code 9967-6509 and 67-6511, and iVleridian City Code 99 11-15.5 FINDINGS OF FACT AND CONCLUSIONS OF LA.. W - Page I AND DECISION AND ORDER GRAJ.'\ITING APPLICATION FOR ANNEXATION AND ZONING/BALDWIN PARK (AZ-OI-027) and 11.16~ 1. 2. The City Council takes judichtl notice of its zoning, subdivisions and development ordin.:mces codified at Titles 11 and 12, Meridian City Code, and all current zoning maps thereof, and the Comprehensive Plan of the City of r,[eridian adapted December 2l, 1993, Ordinance No. 629, January 4,1994, and maps and the ordinance Establishing the ImpaCt Area Boundary. 3. The properLY which is the subject to the application for annexation and zoning is described in the appHcation, and is approximately 77.9 acres in size, is located 1J4 mile south of MCNUllan Road, east side of Linder Road, Meridian, Idaho, all \-vlthin the Area of Impact of the City of Meridian and the Meridian Urban Service Planning Area. 4. The owner of record of the subject property is Capital Development Corporation of Boise, Idaho; and the applicant is Ramon and J\llarilyn Yorgason of Boise, Idaho. 5. The subject property is currently zoned R-T and consists of vacant land. 6. The Applicant requests the property be zoned as R.8, with the intent to develop a single-family residential subdivision consisting of 272 dwellings, ...'lith approximately 10.2 acres of open space on 14 common lots, including tWO pocket parks with a total of 2.57 acres, and .4 acres in 2 landscape buffer lots, which is consistent .with the Meridian Comprehensive Plan Generalized Land Use Map which FINDINGS OF FACT AND CONCLUSIONS OF LAW ~ Page 2 Al"JD DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BA.lDvVIN PARK (AZ.01~027) , f designates the SU'Uj..::ct property as Single Family Rcsidelltial. I. The subject propeny is bordered on all sides by Ada County propenies zoned RUT, although the future Bridgetower Subdivision is contiguous to the property on the northwest across N. Linder Road. 8. There are no significant or scenic features of major impOrtance that affect the consideration of this application. 9. Gi\1ng 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 follmving conditions of development are imposed: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. The applicant shall be responsible for designing and installing a new 12-inch diameter water main in Under Road, from its current location at the intersection with Ustick Road. Sewer service for this development shall be provided by the White Drain Trunk. The City of Meridian is in the design phase of this trunk, with commencement of construction estimated at April of this year. The applicant shall be responsibie to provide main connections to the YVhite Drain Trunk to serve this development. 2. A Development Agreement shall be entered into between the City of Meridian and the Applicant as part of the Annexation application. The Development Agreement shall outline any phasing requirementS and special conditions placed upon the Preliminary Plat application. Adopt the Recommendations of the ACHD as follows: 1. Applicant shall construct the following stub streets: FINDINGS OF FACT At"JD CONCLUSIONS OF LAW - Page 3 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION .AND ZONINGIBALDWIN PARK (AZ-O 1-027) At the north property line approximately 700 feet west of the east property line, as proposed; At the eas~ property line approximately 100 feet south of the north property lme, as proposed; At the eas~ property line approximately 150 feet north of the south F'roperty lme; On the north property line approximately 750 feet east of the west property line; and On the s017th property line approximately 500 feet west of the east property lme. ') Due to the fact that Meridian School District does not want a vehicular access to the property to the future schoo~ site, the applicant should construCt a pedestrian walkway to allow pedesuians to access the school site \viLhout utilizinO' the arterial roadwav. <:> . a. b. c. d. e. Special Notification to Applicau t 3 . To be consistent "vith previous Facts and Findings and Commission action, the applicant should re~ognize that this development (the preliminary plat and conditional use) may be subject to any extraordinary impact fee or LID established by ACHD. .Any implementation of extraordinary impact fees or an UD would first be subject to a public hearing. 4. To promote a safe pedestrian walkway on Linder Road, District staff recommends that the applicant work \ovith the o\vner of the "out parcel" to the south to dedicate right-of.wayand construct 5-foOt concrete sidewalk. The following Site Specific Requirements and Standard Requirements must be met or provided for prior to ACHD approval of the final plat: Site Specific Requirements: 5. Dedicate 48-feet of right-of.way from the centerline of Under Road abutting the parcel by means of recordation of a final subdivision plat prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right.of.way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way if the owner submits a letter of application to the impact fee administratOr prior to breaking ground, in accordance \vith ACHD Ordinance # 195. The right-of- way purchase agreement must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission. FINDINGS OF FACT AND CONCLUSIONS OF LAvV - Page 4 AND DECISION AND ORDER GRANTING APPLICATION FOR AJ.'JNEXATION .AND ZONING/BALDvVIN PARK (.A.Z-O 1-027) 6. Construct a 5-foot \I,id~ d~tached concrete sidewalk on Lind~r Road located 2~ feet I,vithin the new right-oE-way. Coordinate the location and elevation of th~ sidewalk ..vith District staff. If the sidewalk me:.lnd~rs outside of the right~of- \vay, provide an easement for the sidewalk. I. Construct the main entrance to the subdivision. 'Xest Monumem Drive, located 550-feet south of the north property line. as proposed. \-Vest i\(onumem Drive shall be designed \vith 21-foot street sections on either side of a center median. The median shall be COnStnlCled a minimum of -lAeet "",ide (ma."\inlum 12-t"eet \vide) to total a minimum of a I OO~sql1are foot area. The applicam \",iII be required to dedicate 5-l:-feet of right-of-\vay plus the additional \vidth of [he median. 8. ConstrUCt a prOteCted left-turn lane at the site driveway, as determined by the traffic impact study that was submitted. The applicant shall coordinate th~ design and location with District staff. 9. Construct aU public roads \vithin the subdivision as 36-foot street sections with curb, gutter, and 5-foot wide concrete sidewalks within 50-feet of right-of- way. 10. vVest Monument Drive segments shall be designated as a collectOr roadway ..vith no front~on housing and access restrictions for this street segments shall be stated on the final plat. District policy requires that these street segments be constructed as 39-foot street section vvithin 52-feet of right-of-way vvith curb, gutter and 5.foot wide concrete sidewalks. II. Construct a stub street that is located at the north property line approximately lOO-feet west of the east property line, as proposed. 12. Construct a stub street that is located at the east property line approximately 100-feet south of the north property line, as proposed. . 13. Construct a stub street that is located at the east property line approximately 150-feet north of the south property line, as proposed. 14. Construct a stub street that is located on the north property line approximately l50-feet east of the west property line. FINDINGS OF FACT Al'\ID CONCLUSIONS OF LAW. Page 5 AND DECISION AND ORDER GRANTING A.PPLICA..TION FOR ANNEXATION AND ZONINGIB.AlDvVIN PARK (AZ-OI-02l) i 15. Construct a stub street that is located on the SOULLl. property line approximately 500-t"eet west of the east propeny line. 16. The applicant shall be required to install a sign at the terminus of these roadways stating that, "THIS ROAD vVILi BE EXTENDED IN THE FUTURE", Coordin~He the sign plan for the stub street, and the design of the turnaround (if necessa0') \vi1:h District staff. t 7. COnStnlCt an ACHD approved mrnaround at the end of vVes( (resent Court. North Clearbrooke Place, North BLtc!<:::Stone Place and North Denali Place. Submit a design of the turnaround for review and approval by DiStrict s1:aff. 18. The mrnarounds shall be constructed to provide a minimum turning radius ot" 45-feet. The applicant shall also be required to pro\ide a minimum of a 29- foot street section on either side of any proposed center islands \vithin the turnarounds. The medians shall be constructed a minimum of 4-feet "vide to tOtal a minimum of a 1 DO-square foot area. Dedicate 54-feet of right-of-way plus the additional :vidch of the median. 19, Any proposed landscape islands/medians \vithin the public right-of-way dedicated by this plat shall be owned and maintained by a homeovvners association. Noces of this shall be required on the final plat. 20. Any existing irrigation facilities shall be relocated outside of the right-of-way. 21. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387- 6280 (vvith file numbers) for details. 22. All utility relocation costs associated \vith improving street frontages abutting the site shall be borne by the developer. 23. Other than the access point specifically approved with this application, direct lot or parcel access to Linder Road is prohibited. Lot access restrictions, as required vvith this application, shall be stated on the final plat. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6 Ai'ID DECISION AND ORDER GRAl'\ITING APPLICATION FORA.NNEXATION AND ZONING/BALDWIN PARK (AZ-01-027) Standard Requil....dlents: 24. Pa~111em of appliGl.bk road impact fees are required prior to building construction in accordance \v1th Ordinance # 195, also knO\VT'l as Ada Countv Hicrhwav District Road Impact Fee Ordinance. i::> _ 25. All design and construction shall be in accordance \\o1th the Ada County Highway District Policy Manual, ISP\-VC Standards and approved supplementS, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. .An engineer registered in the Scate of Idaho shall prepare and certify all improvement plans. 26. It is the responsibility of the applicant to verify all existing utilities \....il:hin the right-of-way. Existing utilities damaged by the applicant shall be repaired by the applicant at no COSt to ACHD. The applicant shall be required to call DIGLINE (1-800-342-1585) at least twO full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387 -61 ~O in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 27. No change in the terms and conditions of this approval shall be valid unless they are in \vriting and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 28. Any change by the applicant in the planned use of the propeny which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. Adopt the Meridian Fire Department Recommendations as follows: 1. A fire~fIow of 1,000 gallons per minute shall be available for a duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apan at approved locations. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7 AJ.'\J'D DECISION AND ORDER GRANTING APPLICATION FOR P.NNEXATION AND ZONINGIBALDWIN PARK (AZ-O 1-027) 2. Operational fire hydrams and temporary or pemlanent street signs are required before combustible construction begins. 3. Acceptance of water supply for fire protection is cOntingent upon acceptance 0 f the water svstem bv the City of Meridian. . . , -1:. Final approval for fire hydrant location shall be by the Meridian Fire Department. 5. All turning radii shall be a minimum of 28' inside and 48' outside for the imernal road system. 6. Insure that all yet undeveloped parcels are maintained free of combustible vegetation. 7. The roadways shall be built to Ada COUnty Highway standards. 8. Any roadway great~r than 150' in length that is not provided with an outlet shall be required to have a turnaround; this requirement may apply during the phasing of the project. 9. Provide one additional access road to service Great Basin, \^!hite Sands, Biscayne Park and Melrose Park. Additionally, comply vv1th the action of the City Council from their March 19,2002 meeting as follows: I. The typical Micro-path section is not approved as sho\oVll on the Preliminary Plat. All drainage shall be maintained Mthin the 7 Y2 foot area on either side of the micro-path, not drained to the fence line as shown on the Preliminary Plat. 2. A minimum three-foot-wide separation between the asphalt pathway and adjacent building lots has not been followed, (typical micro-path with drainage section) . 3. Show the moving of phase lines for Phases 3 and 4. 4. Show existing and proposed easements on the plat as required by State Code and City Ordinance. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8 AND DECISION AND ORDER GRANTING .APPLICATION FOR ANNEXATION AND ZONINGIBALDWIN PARK (AZ-OI-027) ). \Vithin S~ttkr's Irriga.c.ion District'S letter dated l\brch 19,2002, they are requesting easements of 60 feet on the \Nhite Drain and 30 feet on the Coleman Lateral. which dimensions are not depicted on the most recently submitted preliminary plat. If joint trench is to be utilized for the Coleman Lateral easement, a minimum 15-foot-wide easement ,,\ill be required along the frOntage or all lots on the ease side of North Hyde Park Avenue. The preliminary plat needs to ret1ect compliance \l...ith agency approvals or \vritten evidence rrom those agencies must be submitted if conHiccing conditions of approval an: agreed upon. Additionally, the District also requires the Coleman Lateral be tiled. and that the pressurized irrigation system be installed according to the Oisuict's standards and specifications. 6. Applicant has submitted a letter dated April 2, 2001, which addresses Settler's Irrigation DistriCt, and which is on file \vith the t'vIcridian City Clerk's office. 10. It is found that if the developer pays for the requeSted improvements and complies "vith the conditions set forth in these Findings of Fact No.9, and all sub~pans, the economic welfare of the City and its residems and tax and rate payers 'vviU be protected, a condition of annexation and zoning designation. 11. It is also found that the development considerations as referenced in Finding No.9 are reasonable to require and must be taken into account, in order to assure the proposed development is designed, constructed, operated and maintained in a manner which is harmonious and appropriate in appearance with the existing, or intended character of the general vicinity, in order to assure that the proposed use \vill not change the essential character of the affected vicinity and vviIl insure that the proposed uses \vill not be hazardous or disturbing to the existing, or future neighboring uses, particularly considering the impact of proposed development on FINDfNGS OF FACT A1"ID CONCLUSIONS OF LAW. Page 9 }J\/D DECISION A1"\lD ORDER GRJu'\lTING APPLICATION FOR At'.JNEXATION AND ZONINGIBALDWIN PARK (AZ~O 1~027) potential to produce excessive traffic. noise, smoke, fum~s. glare and odors, But. additional landscaping buffers and design features \-vill be required to make the proposed use more harmonious with the general vicinity and to comply with City Ordinances. 12. I~ is found that the zoning of the subject real property as Medium Density Residential District (R-8) requires connection to the Municipal \'Vater and se\ver systems and will be compatible with the Applicant's development intentions, and ",vill assure that the zoning is consistem vvi th the i'v[eridian Comprehensive Plan Generalized Land Use i'vlap which designates the subject property as Single Family Residential. 13. The subject annexation request and zoning designation and proposed development relates and is compatible to the goals and policies of the Comprehensive Plan of the City as follows: Economic Development Chapter Policies 3.1 U, 3.2U Land Use Chapter Policies 2.1U, 2.2U, 2.3U, 6.3.c Natural Resources and Hazardous Areas Chapter Policies l.IU, 2.IU, 2.5U, 3.1U, 4.1U Transportation Chapter Policies 1.6U, 1.9U Open Space, Parks & Recreation Policies 3.1, 5.3 FINDINGS OF FACT AND CONCLUSIONS OF LAvV - Page 10 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BALDWIN PARK (AZ-01-027) Housin~ Chapeer PoHcies 1.3, 1.4, 1.7,1.12, 1.13U, 1.18 Communiev Design Chapter Policies L8. 5.2U 14. The property can be physically serviced \vieh City water and se\ver, since the applicanc has exeended ehe lines. CONCLUSIONS OF LA "V 1. The City of Meridian has authority to annex real property upon \vritten request for annexation and the real property being comiguous or adjacent to city - boundaries and that said propeny lies \vithin the area of city impact as provided by Idaho Code Section 50-222. The Nleridian City Code S I 1-16 provides the City may annex real property that is within the l'vleridian Urban Service Planning Area as set fOrth in the City's Comprehensive Plan. 2. The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing \vithin the City and State. 3. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act of 1975", codified at Chapter 65, Title 67, Idaho Code by the adoption of 'Comprehensive Plan City of Meridian adopted December 21, 1993, Ord. No. 629, January 4, 1994. 4. The follo\ving are found to be peninent provisions of the City of Meridian Comprehensive Plan and are applicable to this Application: FINDrNGS OF FACT Ai"1D CONCLUSIONS OF LA.W. Page II AND DECISION ANI:? ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BALDWIN PP...RK (AZ-OI-027) 4.A: Economic Development Chapter Policies 3.1 V, 3.2V Land Vse Chapter Policies 2.1 U, 2.2U, 2.3U, 6.3.c Natural Resources and Hazardous Areas Cha~ter Policies 1.1 V, 2.1 V, 2.5U, 3.1 V, 4.1 V TranSDortation ChaDter l ~ Policies 1.6V, 1. 9U Open Space. Parks & Recreation Policies 3.1, 5.3 Housing Chaoter Policies 1.3, 1.4,1.7,1.12, 1.13U, 1.18 Communitv Design Chapter Policies 1.8, 5.2 U 5. The zoning of Medium Density Residential District (R~8) is defined in the Zoning Ordinance at 9 11-7~2 D as follows: (R~8) Medium Density Residential District: The purpose of the R~8 District is to permit the establishment of single~ and two-family dwellings at a density not exceeding eight (8) dwelling units per acre. This District delineates those areas where such development has or is likely to occur in accord with the Comprehensive Plan of the City and is also designed to permit the conversion of large homes into two-family dwellings in well-established neighborhoods of comparable land use. Connection to the Municipal water and sewer systems of the City is required. 6. Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. See Burt VS. The Citv of FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGIBALDWIN PARK (AZ~Ol-027) Idaho Falls, 105 k..,no 6S, 665 P2d 1075 (1983). I. The development of the annexed land, if annexed, shall meet and comply \vith the Ordinances of the City of Meridian including, but not limited to: Section 12.2- -t \vhich pertains to development time schedules and requirements; Section i 2-4-13, which pertains to the plping of ditches; and Section. i2-S-2 N, \vhich pertains to pressurized irrigation systems, and Zoning and Subdivision. and Development Ordinance of the Citv of Meridian. 8. Pursuant to Section 11-16-4 A of the Zoning and Development Ordinance the mvner and/or developer shall enter into a Developmem Agreement, if such is required by the City. DECISION AND ORDER NOvV, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT A1"'\ID CONCLUSIONS OF LAvV, the City Council does hereby Order and this does Order: 1. The applicant's request for annexation and zoning of approximately 77.9 acres to Medium Density Residential District (R-8) is granted subject to the terms and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of 77.9 acres. The legal description shall be prepared by a RegiStered Land Surveyor, Licensed by the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. FINDINGS OF FACT AND CONCLUSIONS OF LAW. Page 13 AND DECISION .AND ORDER GRANTING APPLICATION FOR ANNEXATION AL'\fD ZONINGIBALDvVIN PARK (AZ-Ol-027) 158. Th~ legal L .::ription for ann~x:.ltion must p1aC'L .ois parcel COntiguous to the Corporate City Limits per Ordinance No. 686. 3. Developer shall be required to met the conditions set fOrth and in the event the conditions herein are not met by the Developer that the property shall be subjeCt to de-annexJtion. \l,ith the City of Meridian, which provides for the fol1O\\ing conditions of developmem, (Q-\vit: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows; 1. The applicant shall be responsible for designing and installing a new 12-inch diameter water main in Linder Road, from its current location at the intersection \vith Ustick Road. Sewer service for this development shall be provided by the \Nhite Drain Trunk. The City of Meridian is in the design phase of this trunk, \vith commencement of construction estimated at April of this year. The applicant shall be responsible to provide main conneaions to the vVhite Drain Trunk to serve this development. 2. A Development Agreement shall be entered into between the City of Meridian and the Applicant as part of the Annexation application. The Development Agreement shall outline any phasing requirements and special conditions placed upon the Preliminary Plat application. Adopt the Recommendations of the ACHD as follows: 1. Applicant shall construct the follm.ving stub streets: f. At the north property line approximately 700 feet west of the east. property line, as proposed; g. At the east property1ine approximately 100 feet south of the nonh property line, as proposed; h. At the east property line approximately 150 feet north of the south property line; 1. On the north property line approximately 750 feet east of the west property line; and J. On the south property line approximately 500 feet west of the east property fine. FINDINGS OF FACT f\.L'\ID CONCLUSIONS OF LAvV - Page 14 AND DECISION AND ORDER GRAN'TING .APPLICATION FOR ANNEXATION Al'l'D ZONINGIB.ALDWIN PARl( (AZ-O 1 -027) 2. Due to the hlct tlut Meridian School District docs not want a vehicular access to the property to the tuture school site, the applicant should construct a pedestrian walkway to allow pedestrians to access the school site without utilizing the arterial roadway. Special Notification to Applicant 3. To be consistent with pre\ious Facts and Findings and Commission aCtion. the applicant should recognize that this development (the preliminary plat and conditional use) may be subjeCt to any extraordinary impact fee or LID established by ACHD. Any implementation of extraordinary impact fees or an LID would first be subject to a public hearing. 4. To promote a safe pedestrian walkway on Under Road, DistriCt staff recommends that the applicant work \vith the o\vner of the "out parcel" to the south to dedicate right~of-way and construct 5-foot concrete sidewalk. The following Site Specific Requirements and Standard Requirements must be met or provided for prior to ACHD approval of the final plat: Site Specific Requirements: 5. Dedicate 48-feet of right-of-way from the centerline of Linder Road abutting the parcel by means of recordation of a final subdivision plat prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance vlith ACHD Ordinance # 195. The right-of~ way purchase agreement must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission. 6. Construct a 5-foot wide detached concrete sidewalk on Linder Road located 2- feet vvithin the new right-of-way. Coordinate the location and elevation of the sidewalk vvith District staff. If the sidewalk meanders outside of the right"of- way, provide an easement for the sidewalk. FINDINGS OF FACT AND CONCLUSIONS OF LAW . Page 15 Ai'\JD DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGIBALDWIN PA.RJ( (AZ-OI-027) I. Construct tllC main entrance to the subdi\.ision. y\:est Monument Drlve, located S5G-feet south of the north property line, as proposed. vVeSt Monument Drlve shall be designed "vith 21-foot street sections on either side of a center median. The median shall be constructed a minimum of -I-feet \\-ide (ma.'(imum 1:2-feet wide) to total a minimum of a laO-square foot area. The applicant ..,vill be required to dedicate 5+feet of right-of-\vay plus the additional \ddth of the median. 8. Construct a protected left-wfn lane at the site driveway, as detennined by the traffic impact study that was submitted. The applicant shall coordina[c: the design and loc:ltion \\1.th DiStrict staff. 9. Construct all public roads within the subdi"\.i.sion as 36-foot Street seCtions \\lith curb, gutter, and 5-foot \vide concre1:e side\valks \vithin 50~feet of right-of- way. 10. vVest Monument Drive segments shall be designated as a colleCtOr roadway \vith no front-on ho.using and access restrictions for this street segmentS shall be stated on the final plat. District policy requires that these street segmentS be constructed as 39-foot street section "vi thin 52-feet of right-of-way with curb, gutter and 5-foot wide concrete sidewalks. 11. Construct a stub street that is located at the north property line approximately laO-feet west of the east propeny line, as proposed. 12. Construct a stub S1:reet that is located at the east property line approximately 1 aO-feet south of the north property line, as proposed. 13. Construct a stub street that is located at the east property line approximately IS0~feet north of the south propeny line, as proposed. 14. Construct a stub street that is located on the nonh propeny line approximately 750-feet east of the west property line. 15. Construct a stub street that is located on the south property line approximately SOO~feet west of the east propeny line. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16 AND DECISION Ai'\ID ORDER GRA1'\ITING APPLICATION FOR ANNEXATION AND ZONINGiBALDvVIN PARK (AZ.O I~027) i 16. Th~ applic..l..Lc shall be required to install a sign at. che temlinus of these roadways stating that, "THIS ROAD \NILL BE E:\iENDED IN THE FUTURE", Coordinate the sign plan for the stub street, and the design of the turnaround (if necessary) with District staff. 17. Construct an ACHD approved turnaround at the end of vVest (resent Court, North Clearbrooke Place, North Buckstone Place and North Denali Place. Submit a design of the turnaround for review and approval by District staff. I S. The turnarounds shall be constructed to provide a minimum turning radius of -!:5.feet. The applicam shall also be required to prO\ide a minimum of a 29- foot street seCl:ion on 6ther side of any proposed center islands \vithin the turnarounds. The medians shall be constructed a minimum of 4-feet \vi.de to tOtal a minimum of a 100~square foot area. Dedicue 54-feet of right-of.way plus the additional \vidth of the median. 19. Any proposed landscape islands/medians "vithin the public right-of-way dedicated by this p!at shall be o\vned and maintained by a homeovvners association. Notes of this shall be required on the final plat. 20. Any existing irrigation facilities shall be relocated outside of the right-of-way. 21. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387- 6280 (\vith file numbers) for details. 22. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 23, Other than the access point specifically approved with this application, direct lot or parcel access to Linder Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. Standard Requirements: 24. Payment of applicable road impact fees are required prior to building construction in accordance \vith Ordinance # 195, also knoyvn as Ada COUnty Highway District Road Impact Fee Ordinance. ' FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 17 AND DECISION AND ORDER GRA1'\J'TING APPLICATION FOR AJ.'-lNEXATION A1"fD ZONING/BALDWIN PARK (.AZ~O 1~027) 25. All design <. .J construction shall be in accordanL'- \"ith the Ada County Highway District Policy Manual, IsP\-VC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer regiStered in the State of Idaho shall prepare and certify all improvement plans. 26. It is the responsibility of the applicant to verify all existing utilities \vithin the right-of-way. Existing utilities damaged by the applicam shall be repaired by the applicant at no COSt to ACHD. The applicant shall be required to call DIGLINE (1-800-3-12-1585) at least tWO full business days prior to breaking ground \vithin ACHD right-of-way. The applicam shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 27. No change in (he ternlS and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confimlation of any change from the Ada County Highway DiStrict. 28. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the appticam to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in intereSt advises the Highway District of its intent to change the planned use of the subject propeny unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. Adopt the Meridian Fire Depanment Recommendations as follows: 1. A fire-flow of 1,000 gallons per minute shall be available for a duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart at approved locations. 2. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 3. Acceptance of water supply for fire protection is contingent upon acceptance of the water system by the City of lvleridian. FINDfNGS OF FACT Al'-ID CONCLUSIONS OF LAW. Page 18 Ai'\JD DECISION A1'\JD ORDER GRANTING APPLICATION FOR ANNEXATION Ai'\fD ZONING/B.A.LDWIN PARK (AZ-OI-027) 4. Final appr0...i1 for fire hydrant location shaII be l..,;, the Meridian Fire Department. 5. All turning radii shall be a minimum of 28' inside and 48' outside for the internal road system. 6. Insure that all yet undeveloped parcels are maintained free of combustible vegetation. f. The roadways shalI be built to Ada County Highway standards. 8. Any roadway greater than 150' in length that is not provided with an outlet shall be required to have a turnaround; this requirement may apply during the phasing of the project. 9. Provide one additional access road to service Great Basin, vVhite Sands, Biscayne Park and 1vlelrose Park. Additionally, comply \vith the action of the City Council from their J\tlarch 19, 2002 meeting as follows: 1. The typical Micro~path section is not approved as ShO\VTl on the Preliminary Plat. All drainage shall be maintained within the 7 Y2 foot area on either side of the micro-path, not drained to the fence line as shovvn on the Preliminary Plat. 2. A minimum three.foot-wide separation between the asphalt pathway and adjacent building lots has not been followed, (typical micro-path ..vith drainage section). 3. Show the moving of phase lines for Phases 3 and 4. 4. Show existing and proposed easements on the plat as required by State Code and City Ordinance. S. Within Settler's Irrigation District'S letter dated iYfarch 19,2002, they are requesting easements of 60 feet on the White Drain and 30 feet on the Coleman Lateral, which dimensions are not depicted on the most recently submitted preliminary plat. If joint trench is to be utilized for the Coleman Lateral FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 19 AJ.'\fD DECISION Al'\lD ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGIBALDWIN PARK (AZ-OI-027) ,. easement, a m. .mum 15-foOt-vride easement \-vill b\... ,cquired along the frontage of all lots on the east side of North Hyde Park Avenue. The preliminary plat needs to ret1ect compliance \vith agency approvals or written evidence from those agencies must be submitted If conflicting conditions of approval are agreed upon. Additionally, the DistriCt also requires the Coleman lateral be tiled, and that the pressurized irrigation system be installed according to the District's standards and specifications. 6. Applicant has subnlitted a letter dated April 2, 2002. which addresses Settler's Irrigation District, and \-vhich is on file \vith the Meridian City Clerk's office. 4. The City Attorney shall prepare for consideration by the Clty Council the appropriate ordinance for the anne.'(ation and zoning designation of the real propeny which is the subject of the application to (R-8) lvledium Density Residential District, and Ivleridian City Code S 11.7-2. 5. Subsequent to the passage of the Ordinance provided for in section 4 of this Order the engineering si..aff of the Public vVorks Department shall prepare the appropriate mapping changes of the official boundaries and zoning maps as provided In Meridian City Code S 11-21-1 in accordance vvith the provisions of the annexation and zoning ordinance. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian. Pursuant to Idaho Code S 67 -6521 an affected person is a person who has an interest in real propeny which may be adversely affected by the issuance or denial of the annexation and zoning and who may \vithin twenty-eight (28) days after the date FINDINGS OF FACT .A.t'1D CONCLUSIONS OF LAW . Page 20 AND DECISION AND ORDER GR.AJ.'\ITING APPLICATION FOR ANNEXATION AND ZONING/BALD'rVIN PARK (A2-0 1-027) ( of this decision al ordt:r st:d, a judicial review as prd,..Jt:d by Chapter 52, Titlt: 67, Idaho Code. By action of the City Council at its regular meeting held on tht: I {; -If:=. day of ~ ,2002. RO LL CAlL COUNCILtvlAl'\I KEITH BIRD VOTED t;f-u,-- vi COUNCIL vVOl'vLA.N T.Al\HvrY dt:vVEERD VOTED t;k.t:"- j COUNCIL vVOl'v[AN CHERlE ivfc CAl\.,fDLESS VOTED fie;\.-- COUNCIUvfA1'f vVILLl.AJ.V1 L.lvL NARY VOTED~'- l'v[AYOR ROBERT D. CORRlE (TIE BREA.KER) DATED: 7'- -/6 -v 2-- VOTED - MOTION: ;;-) APPROVE~ DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Works Depanment and the City Attorney. ByJ/~~Ip. Dated: City Clerk FINDINGS OF FACT Al'\ID CONCLUSIONS OF LA vV . Page 21 Al'JD DECISION Al'\fD ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/B.ALDvVIN PARK (AZ-O 1-027) July 11, 2002 MERIDIAN CITY COUNCIL MEETING APPLICANT July 16, 2002 ITEM NO. .1 - f REQUEST Beer and Liquor License Applications by John C. Box for Bill - N - Lynn's Place -- 229 West Franklin Road 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: ~ OJ/If Application copied to P & Z, PW & MPD for comments 7-09-02 OTHER: Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. July 11, 2002 MERIDIAN CITY COUNCIL MEETING APPLICANT July 16, 2002 ITEM NO. ./-f REQUEST Will Serve Letter for W.H. Moore property 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 Letter uJ #./ to" {)Y i- ~v ~;(flJ , y IflpJ Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. -~JECEIVE1~'\ 1\ Ii 'I ') , L To: Mayor & Council IFrom:Gary D. Smith, PE CC: file Date: July 12, 2002 He: WH Moore Property - Eagle RoadlUstick Road CITY OF MERIDIAN CITY CI FRK Ol=1="1CF Winston Moore owns approximately 58 acres at the northwest comer of Eagle Road and Ustick Road. The approximate12 northerly acres of this parcel are located within the Boise City Area of Impact with the remaining 46 acres located within the Meridian City Area of Impact. It is the desire of Mr. Moore to have all of the 58 acres located within the Meridian City Area of Impact. Mr. Moore's representative, Jonathan Seel, has been in contact with Patricia Nilson at Ada County regarding the process required to adjust the Area of Impact boundary line between Boise and Meridian. Jonathan reports that a renegotiation meeting between the County and Meridian is the starting point. Apparently a meeting is scheduled for later this month or next month and Patricia suggested that this item could be included as an agenda item in that meeting. Following that meeting, the adjustment to the Impact Boundary line would need to be approved by Meridian P&Z, Ada County P&Z, Meridian City Council and Ada County Commissioners. Apparently this process could take 4 months or so unless a combined meeting could be held for the two planning and zoning commissions. This 58 acre parcel is not contiguous to existing Meridian City limit and no readily available route for annexation seems to exist. Accordingly, Mr. Moore appears to be interested in filing a development application with Ada County for his property just to get his development ball rolling, so to speak. It is uncertain when he would file this application and Jonathan has indicated he will probably wait until after the new Meridian City Comprehensive Plan is approved. If an annexation route can be found Mr. Moore is From lhe detik of... more than willing to pursue annexation and would then file all applications through the City of Meridian. Gary D. Smith, PE Public Works Director Meridian Public Works Department 660 E. Watertower Lane, Suite 200 Meridian, Idaho 83642 o Page 1 (208) 89s..55OO Fax: (208) 887-1297 In the event Mr. Moore does file a development application with Ada County, they will not accept it unless provisions are made for sewer and water service. In that regard, Ada County is requiring, and Mr. Moore is requesting, a "will serve" letter from the City of Meridian. A Meridian City water line exists along the south frontage of Mr. Moore's property and sewer service to this property will be provided by a sewer line to be constructed as a part of the South Slough sewer trunk project. The South Slough sewer trunk project is scheduled to begin no later than November 1, 2002 and be completed by May 1, 2003. Attached is "draft" version of "will serve" letter for your consideration along with a letter written by Jonathan Seel on behalf of Mr. Moore requesting this City committment.l RiJS' GaryD.r €I Page 2 MAYOR Robert D. Corrie '2) "(", \1" ~.".;~ :-~r~ olfe;;d/:;t~~ " ". ~"'~. LEGAL DEPARTMENT (208) 288-2499 . Fax 288-250 I PARKS & RECREATION (208888-3579' Fax 898-5501 PUBLIC WORKS (208) 898-5500 'Fax 887-1297 BUILDING DEPARTMENT (208) 887-221 I . Fax 887-1297 PLANNING AND ZONING (208) 884-5533 . Fax 888-6854 CITY COUNCIL MEMBERS Tammy deWeerd William L. M. Nary Cherie McCandless Keith Bird July 12,2002 "DRAFT" Me JeffPatlovich, Director Ada County Development Services 650 W. Main Street Boise, Idaho 83702 RE: "Utility Will Serve" - Northwest Corner UsticklEagle Roads Dear J etf: Please accept this letter as a "will serve" commitment by the City of Meridian for water and sanitary sewer service to the approximate 58 acres of property owned by Mr. Winston Moore, which property is generally located at the northwest corner of Us tick Road and Eagle Road, as shown on the attached drawing. The Meridian City Council, by its actions on July 16, 2002, approved ofthis commitment. A 12-inch diameter water line exists along this property's Ustick Road frontage. A sanitary sewer line, to be located in Ustick Road, is a part of the South Slough Sewer Trunk project, which is to begin no later than November 1, 2002 and be completed by May 1, 2003. All of Me Moore's property, Parcell, 2 and 3 as shown on the attached drawing, can be physically served by City of Meridian water and sewer, excepting Parcel 3 until such time as Parcel 3 is officially transferred by Ada County from Boise City to Meridian City Area oflmpact. Mr. Moore has unequivocally verbally agreed to future City ofMerdian annexation as a condition of receiving City sewer and water servIce. Sincerely, Robert D. Corrie Mayor Cc: file 33 EAST IDAHO. MERIDIAN, IDAHO 83642 (208) 888-4433. Fax (208) 887.4813 . City Clerk Office Fax (208) 888.4218 . Human Resources Fax (208) 884.8723 MERIDlAN City of Meridian City Clerk's Office (208) 888-4433 Fax (208) 888-4218 33 East Idaho, Meridian, ID 83642 Fax Fox: :1 ( ? t! f'/(- fA) II JJf~"'- 32~ - 7SZ-~ From: gJ7M-'y?~AYh ) Fj u,-f eDI J1;'-t --Y 7-(u -DL To: Pages: Phone: Dote: Re: cc: o Urgent par Review o Please Comment 0 Please Reply o Please Recycle W.H. MOORE COMPANY Real Estate Development 600 N. STEELHEAD WAY. SUITE 144 (83704) P.O. BOX 8204 BOISE, IDAHO 83707.2204 TELEPHONE 1208) 323.19191 FAX 323.7523 June 19, 2002 Mayor Robert Corrie Members of Meridian City Council City of Meridian 33 East Idaho Ave. Meridian, Idaho Dear Mayor and Council Members: Winston Moore owns three contiguous parcels of unimproved land at the northwest quadrant of Ustick and Eagle Road, which total approximately 57.84 acres.Mr. Moore has acquired this land with the intent of developing a business park with an interior road system. Of this total land area, approximately 12.23 acres are in the Boise City limits and the balance is in the City of Meridian impact area. I have enclosed a site map illustrating the impact line separating the two jurisdictions. Given this somewhat unusual situation, we asked Mayor Coles and the Boise City Council for their opinion on adjusting the impact line so that all of Mr. Moore's land is solely in the Meridian area of impact. Simply put, we asked Boise to transfer the J 2.23 acres of the impact area to the City of Meridian. Mayor Coles and the City Council have reviewed our request and feel it is "fair and reasonable" to adjust the impact line (see attached letter from Mayor Coles). Please bear in mind their decision was not a formal approval, but is their position regarding commencing a formal approval process. With the understanding that Boise will not oppose transferring this land to the Meridian area of impact, we are now submitting this letter requesting Meridian's preliminary feedback on accepting this land, and also providing a Will Serve Utility Letter for the entire 57.84 acres of land. The basis for requesting the Will Serve Letter is this land is in the Meridian's area of impact but not within the City limits. We understand the City generally requires the land be almexed before water and sewer services are provided to the landowner. However, at this time there is no adjoining land within the City limits; therefore, there is no path for annexation. We are certainly willing to support annexation when it becomes available, and in fact are willing to make this an irrevocable condition to the City issuing a Will Serve Letter. (As a side note, Pinnacle Engineers has determined the proposed Us tick sewer line can serve the entire 57.84 acres, which includes the 12.23 acres.) With respect to utilities, water is in Ustick and as we understand it, sewer should be available by the first of next year. Winston Moore envisions a first class business park at the intersection of Ustick and Eagle and hopes to submit a development application to the County under the assumption sewer and water will be available to the site. However, without the City of Meridian's cooperation our hands are tied and the best we can do is farm the land in the Meridian area, and since Boise can provide utilities to their land, submit a development application for the 12.23 acres. We hope you will assist us in developing a quality project in Meridian. Assuming the Mayor and Council respond favorably on both the impact line modification and Will Serve Letter, we will begin the formal approval process with Meridian, Boise and Ada County to adjust the area of impact boundary. Mayor Robert Corrie Members of Meridian City Council City of Meridian 33 East Idaho Ave. Meridian, Idaho Page 2 Thank you for your consideration of this malter and we will look forward to meeting with you at your convenience. Sincerely, Jonathan R. See] cc: Gary Smith, City of Meridian rOT AL ACREAGE;: 5784 ~ _.,,^.o_~_....o._'_" .~_~ _.'___~__.c ...__. _ c, CITY OF BOISE ACREAGE \223 CITY OF MERID!AN ACREAGE - 45(-)1 f. CITY OF MERID!AN~IIL "$ .~CITY OF BOISE W~}~~~ (T~ // /~~//(//// /1 \10 / / / //// / / / / / 7 /- "7/- "/ 7 : \ \ 'l\r / / /, / / / / / / I 1 , ': \ \~ 0~~J;;~~~/~ /~::;:;i.CI1 v OF BOISE '-'"'"" W''' "''';/ ij///<// //~ 02;:' · '\ '~'''' ~~. /~L~ "L~L~~( ! '-"\""'O(\l"D "OM) I " ~ ~-Z'L/ L'!,"/'')'\C<''j''D IlO^';. /.//7/ E"iSjl_- ; "" .>v.:~z7Z.%'i~/;0~: r/ ~-\- - --- :.. - ~ /~((/ /-/11 j \ . :'</ / i \ (,XIS TNO nrrCH - ~"~. /, I . , i! I \\ \. \ PARCELlr2 \ \ I i II ; 0 j ~ r 1m I :i' ! ~ I ) /l : / ; ! : -"'i/---~- _. _-~;=__~~::J rl',/~,~""c,-C=~"Ai)-~ " /I / f '~-:=~- --=--:::-::-~-"=-~.~-_. .....1 A; f ! , It : i l ( :_ __ _______JUi 1\ __-'"------.~,______JD_ ;-----=--=--- -J r---:---::-:-.~~~__:-J-~~:--~':_-, "-~- USTI'CK ~'RO^D"--~~'~-" :.~ ".' - T /7""-, p A_f3.g,g~._~.~':!:::_LJ~S_..igt\. ANP~AGl"E 8QAJ)(~ ;~) ,,""" '.,!.:,J/ .''1.-1-:'" ._) J) 0 \; .q: ! 0 IT I W ....J o , <::( I lU k '..1 PARCEL iF"1 (;fN' Of "'~ 11,1) elJ (1)1)1 Jlvn II.,)! hi! i ill i f-l BRENT COL~,) ~L\YOR BOISE .(i~t;:; February 2 j, 2001 IO~ ( , 1""- ;...... IJ~~!?n .-J i.J ..,""' ({,., /~ ~ Irv !l r:_ ~ Ii 1'" _ (I Ii( /c" /.[. . ~ iI" v~ . rJ_ '-0 i I h '..I '.... . il ! (...n:-) , ;: CU7 ----- '-. V,c-; S ~"Op !2!t!/. 111.c-/\1 v iCe- '-., VI"" J..:..$ OFFiCE OF' THE ,'.fA YOR Board of Ada County Commissioners 650 W. Mu.in Street Boise, Idaho 83702 Re: Request to Renegotiate the Boise Ciry Area of impacT Boundary Dear Conunissioners: W H. Moore Company recemly requested. input from the Boise CIty Council on a proposal (0 remove approximately] 2 aCres of as 8-acre parcel from the Boise City Area of Impact and the incorporated area 0 f the City. The subj~ct property IS located on the northwest comer of Eagle and Ustick Roads. Approximately I? . acres in the northeast comer of the property are within the Boise Area oflmpaLt and corporate limits, while tlH: balance IS within the Meridian Area of fmpact. The o'Nflcr plans 10 develop a business park and prefers (nal all of the property be within one city Jurisdiction. The Council reviewed the request on February 13, 200l and concluded that iT was a fair and reasonab1e requeSl and it would be appropriate to submitlhe request to Ada County. The owner has been advised that the govemmg boards of Adn Counl)' <l11d Boise Ciiy must bold a negotiation meettng and if agreement IS rcached, the acrual boundary change must go through the hearing process by each Jurisdiction. In accordance with (he Ada County-Boise City Area ofImpact Agreement and Idaho Code Section 67-6526(d), . Boise City nflreby request a meetmg to renegotiate the 80ise City Area orrmpact boundary as requested by the W. H. Moore Company. In accordance with the renegotiation process. a meeting shall OCCllr wtthm 30 day~ or receipt of this request To facilitate !l timely renegotiation meeting, this issue cun be placed on the City COuncil noon meeting agenda for February 27, ZOO I, if that time and dat~ is convenient for the Commissioners. If the Commissioner's schedule does not allow a meeting at that tlme. please let me know a dilte and time thar will work for you. ellcl. cc: Boise City Council Jeff PatJovich, Director, Ada County Development Sernccs -- CITY HJ,.tl . I so NORTIl CAPITOL IlOUUv.1JU) . P.O. BOX 300 . BOlSE. !DAllO a~1()1.{)SDO . 209aB4-4422 . P.'_,= 2Oa/3!!.\~i-\20 .-in Equal OpportUnlry emploYJJ1" C 1T'<""'''"''''Y'''Ol''_ t} To: Mayor Corrie From: Brad Watson, P.E. CC: File, Gary Smith, PE, City Clerk Date: 7/11/2002 Re: Proposed Agenda Item for July 16 City Council Meeting The Public Works Department respectfully requests that the fOllowing item be placed on the July 16 City Council agenda, on the Consent Agenda, for Council's consideration: 1) White Drain Sewer Trunk Easement- Euqene & Ardvce Quenzer. This sewer easement runs through the Heritage (Quenzer) Commons subdivision that received preliminary plat approval last month. Attached is a copy of new permanent and temporary construction sewer easements signed by the Quenzers along with a signed right-of-way contract. No compensation is associated with this easement. Recommended Council Action: Accept the permanent and temporary construction sewer easements from John Kennedy, approve the Right-Of-Way contract and authorize the Mayor to sign and City Clerk to attest the easements and Right-Of-Way contract. Thank you. Please contact me if you have any questions regarding this item. p~ From the desk of., , Brad Watson, P.E. City Engineer Mcriclinn Public WOIks Dcpartm,,'lll 660 E. Watertower L:l1le. Suile 200 Mcridhl1l, Idaho 83642 @ Page 1 (208) 898.5500 Fax: (208) 887-1297 watsonb@mcridiancity.org CITY OF MERIDIAN oW E Watertower Ln, SUIte 200 Meridian. Idaho 106,+2 RlGllT-OF-WA Y CONTRACT LOCAL PROPERTY OWNERS PROJECT If & DESCRIPTION Wlllte Drain Sallltarv Sewer Tll.mk. Ten Mile Rd. to Locust Gro\'C Rd PARCEL If & OWNER 5053 l..!27800. Eugene Quenzer and Ardvce L Quenzer. husband and wifc DATE OF OFFER THIS RIGHT-OF-WAY CONTRACT. made thIs day of _~.....__' 20 ,bclwcen thc eny of MeridIan. acti ng by ItS Mayor and Council, by the Public Works Director or his authonzed representative, herei n called "CITY" and Eugenc Quenzer and Ardyce L Quen/er, husband and wife herein called ""GRANTOR" WHEREAS. subject to the terms outlined below. GRANTOR agrees 10 delIver to the CITY a Permanent Sewer Line Easement and Temporary Construction Easement included herewith as Exhibit "A-I", Exhibit "A-T, Exhibit uA_3" Exhibit A-+ and Exhibit B-1 NOW THEREFORE. the parties hereto agree as follows: GRANTOR agrees to donate the following casements to the CITY OF MERIDIAN ITEM DESCRlPTION AREA (Ac) Permanent Easement Parcel I Pennanent Easement Parcel 2 Permanent Easement Parcel 3 Temporary Easement Parcel I Temporary Easement Parcel 2 Temporary Eascment Parcel 3 2.28 0.21 0.20 3.1 I 0.27 0.27 Additional Stipulations For Mutual Benefits. 2 This Contract shall nol be bindlllg lU1less and until executed by I he PublIcs Works Director and the Mayor and/or their authorized representatives. The parties have herein set OUI the whole of [heir agreement. the perfonnance of which constitutes the entire consideration for the granting of said easement and shall relIeve the CITY of all further claims or obligations on that account or on accounl of the location. grade, construcllon, and mainlenance of the proposed sanitary sewcr linc. By GM~ ~ By: ~ ~ PnnlOd u r-:v.- ~- Q.. - -; ~ e ~ Date' _-2-8-1 - {/;;< CITY of Meridian Gary Smith, PE.. Public Works Director By ClIy' Council Approval Date SOCial Secunty Number _5/,7- L/?- - S-9 &, 7 B,~~L L::;::t~J Pnnted /} 12 J y C!-.L. L e IZ..... Date ? - D ,;2.. - _0 ;2." Robert Come, Mayor ATTEST Title' 05/22/02 ( SANITARY SEWER EASEMENT This Sanitary Sewer Easement (the "Agreement") IS made and entered into this _ day of , 20 , by and between Eugene Quenzer and Ardyce L Quenzer, husband and wife, the "Grantor(s)." and the CITY OF MERIDIAN, a body politic and corporate of the State of Idaho, the "Grantee" Recitals: A Grantor(s) own(s} the parcel of real property located in Ada County, Idaho, more particularly described on Exhibit "A-1 ", "A-2" and A-3 attached hereto (the "Servient Estate") B. Grantee desires to provide for a sanitary sewer trunk line across the Servient Estate and adjacent properties, and in connection therewith desires to obtain an easement to construct, install and maintain said trunk line system over and across the Servient Estate, and on the terms and conditions hereinafter set forth, Grantor(s) (is/are) willing to grant the same to Grantee NOW, THEREFORE, IN CONSIDERATION OF THE PREMISES AND THE MUTUAL COVENANTS CONTAINED HEREIN AND OTHER GOOD AND VALUABLE CONSIDERATION, THE PARTIES AGREE AS FOLLOWS: 1 Grant and Use. Grantor(s) grant(s) to Grantee a perpetual easement over and across the Servient Estate for the transportation and delivery of sewer water across the Servient Estate, and for the construction, Installation, operation, maintenance, repair and replacement of a sanitary sewer trunk line system on the Servient Estate reasonably necessary for such purpose (the "Easement"). The Grantee's use of the Servient Estate IS not exclusive, but other uses of the Servient Estate by Grantor(s) shall not interfere with the Grantee's Easement and its expected uses thereof. Grantor(s) further grant(s) to Grantee: a. The right to grade the gravel maintenance road located within the perpetual easement; b. The right from time to time to trim and cut down and clear away any and all trees and brush now or hereafter on the easement that may interfere with the exercise of Grantees rights under this instrument; c. The right to install, maintain and use gates in all fences that now cross or shall hereafter cross the easement; d. The right to mark the location of the pipeline by suitable markers set In the ground, provided that such markers shall be placed in fences or other locations that will not Interfere with any reasonable use Grantor shall make of the easement, e. The rrght to construct future manhole(s} over and service connections to this sewer trunk line 2 Construction, Installation and Maintenance At ItS sole cost and expense Grantee shall construct and install the system within the ServIent Estate, the construction and Installation thereof to be performed in accordance with plans and specifications prepared by Grantee at its sole cost and expense and reviewed by Permanent Easement Page 1 of 3 Grantor(s) pnor to the commencement of construction By reviewing such plans and specifications Grantor(s) assume(s) no responsibility for any deficiencies or madequacles In the deSign or construction of the system. and the responsibIlity therefor shall be and remain In Grantee After construction and InstallatIon IS completed, at Its sole cost and expense Grantee shall maintain the system In good condition and repaIr and as required to satIsfy all reqUirements of applicable laws, the poliCies of Grantee and sound engineering practices, and Grantee shall have access to and from and over and across the Servient Estate for the purposes of such repair and maintenance If the adjoining property owned by Grantor(s) or the surface of the Servient Estate where the system is buried IS damaged as a result of the construction or use or repair and maintenance of this Easement by Grantee, Grantee, at Its sole cost and expense, shall repair and restore the same, to the extent reasonably practicable, to the same condition it was in prior to such damage 3 Covenant Aqalnst Permanent Improvements Grantor(s) covenant(s) and agree(s) that (he/she/it/they) Will not interfere with Grantee's use of this Easement, or with Grantee's ability to repair and maintain the system thereon, and hereby covenant and agree that, except for such fencing as IS reasonably required by Grantor(s) to secure (hls/her/its/their) adjoining property and the Servient Estate, (he/she/it/they) Will not construct any permanent improvements on the Servient Estate or plant any trees or SimIlar substantial perennial plants thereon 4 Indemnification Grantee shall indemnify and save and hold Grantor(s). (and each of them,) from and against all claims, actions or Judgements, for damages, injury or death caused by or arising out of the failure or neglect of Grantee to properly construct, Install, repair or mamtain the system on the Servient Estate 5 Covenants Run with the Land ThiS Easement shall be a burden upon the Servient Estate and shall run with the land 6 Attorney's Fees and Costs. In any SUit, action or appeal therefrom to enforce or Interpret this Agreement. the prevailing party shall be entitled to recover their or Its costs Incurred therein, including reasonable attorney's fees. 7 ExhibIts All exhibits attached hereto and the recitals contained herem are Incorporated herein as if set forth in full herem 8 Successors and Assiqns This Agreement, the Easement herem granted, and the covenants and agreements herein contained shall inure to the benefit of and be binding upon the parties hereto and their successors and assIgns to the above- described Dommant and Servient Estates. or any portion thereof 9 Recordation ThiS Agreement shall be recorded In the Real Property Records of Ada County, Idaho 10 IN WITNESS WHEREOF, the underSigned have caused thiS Easement to be executed the day, month and year set forth above Permanent Easement Page 2 of 3 IN WITNESS WHEREOF, the undersigned have caused this Easement to be executed the day, month and year set forth above CITY of' Meridian By GR'p'ORS: ~! By 0Uj hi J!~. (.i~'r~~h/ /' Printed: '~tA q P 4] e (({. U P II! z- P f/e:!- I Dale: 7 - 0 (- c: ,;2., Gary Smith. P,[.. Public Works Director By: Robert Corrie. Mayor Social Security Number: $/ 9 - LJ..~ - :i 9' & BY{j;;,)yr" e~ ~a?--ti JW Printed: I~\<? J! y {' ( L.. Q(t' ,Il! z. c.v2- AI"rEST: Title: City Council Approvnl Date: Date: 7 - U 7-. - U ",;2., STATE OF IDAHO ss. County of Ada I n n ({ c\ 'r J . f' On this I::> day of ,,-="Jv...J-^l 20 (7tJ- before me, ri~ 0 "'-=CC"--. r\'.-J. \ ~ r~/ ,a Notary Pu Ilc in and dol' th~tate of Idaho, personally appeared (: J~z..7-{ ~ d r::..,_}- '4~1(fu5wn or proved to me to be the person(s) wllo executed the foregoing instrument, and acknowledged to me that (he/she/it/they) executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above wri~ten. 1'.':I,Yl(lr,.~e~ ~~C.{\ f\. 1j"['f?\. r:t,o,1,) . if'?':!n,,'.;/Jt1;- ~"' /J:" /J.....~ 00. \~~ . "1\.-:. <~ r';- ~~"rC) 2'') \~ \..' ,'/ f);j /? - ~OT II [J 1'_ "Oll.... <). '(.'. ~.- '#' ~ ....". .- g . ~ ~ " ..L ~~C5l.: G- (::::lI ~1{~ _ :g*~ ~ 'b PUBl-'C l i '\ ifl;. GOO() G00G 0 I "(I~ <17' Ot>l>()I)OOO \'-~..<:' 6$",<" e OF \~ ~,~..... (I.!'I'$'''''U!H~e~' L - ~ / /7\./- 1/ ./.V J:( I ;f~~~/.( (J:/d'/(: h Notary'Publlc for Idaho Residing at Il P--Ilc{ \~, Idaho My commission expires I G . L b(; Permanent Easement Page 3 of 3 LEGAL DESCRll'TION FOR PERMANENT SEWER EASEMENT FOR PARCEL 1 PARCEl, # S05YI-l27HOO OWNED BY EUGENE AND ARDYCE QUENZER This ~ll~nndnent sanitary sewer easernent is situtlted within the SE 1'4 of Section 31, Townshi~) -l North, Range 1 East, Boise Meridian, Ada County, State of [daho. Being a 30.00 foot wide strip of land, 15 feet left and right and a 27.71 feet wide 12.71 feet left (north) and 15 feet right (south) of the following centerline more particularly described as follows: Commencing at the E1/4 corner of said Section 31; thence N 89046'20" W, a distance of 2638.68 feet to the Cl/ 4 corner of said Section 31; thence S 00045' 41" W, a distance of 475.00 feet to the POINT OF BEGINNING. Thence S 89046'10" E, a distance ofU5.01 feet to a ~loint; Thence N 00045'41" E, a distance of 180.62 feet to point; Thence S 89046'10" E, a distance of 290.01 feet to a point; Thence S 00045'41" W, a distance of 3J4.1-l feet to a point; Thence 589046'10" E, a distance of 260.30 feet to a point; Thence N 05016'03" E, a distance of l2-l.87 feet to a point; ['hence N 260clY05" E, a distance of 95.96 feet to a point; Thence N 68038'1-l" E, a distance of l102. U feet to a point at the end of the 30.00-foot wide perrnanent casement; Thence beginning a 27.71 foot wide pertllanent easenlent of land S 89046'20" E, a distance of 855.56 feet to a point on the westerly Right-of-Way of L.ocust Grove Road said point being the END point of this casement line description. The easement described contains 2.28 acres more or less Sl'e: Exhibit" A..J:" I;XllIBlI A-I LEGAL DESCRu)TION FOR PERMANENT SEWER EASEMENT FOR PARCEL 2 PARCEL # S05JI-I:27800 OWNED BY EUGENE I\ND ARDYCE QUENZER This permanent saniti.1ry sewer casernent Being c1 portion of parcel It S05l1-1:27R()(l Sttu<ltcd within the SE 1'4 and the NEl/-I: of Section :n, Township -I: North, Range I Ec1st, [)oisc Meridian, Ada County, State of Idaho. Being a ~().OO foot wide strip of land, 15 fed celeh side of the following centerline more particularly described as follows: Commencing at the E1/4 corner of said Section 31; thence N 89046'20" W, a distance of 2638.68 feet to the C1/4 corner of said Section 31; thence S 89046'20" E, a distance of 135.01 feet to a point; thence N 00045' 41" E, a distance of 20.50 feet more or less to a point on the northerly Ilne of said pared and also being the POINT OF BECrNNlNC. Thence S 00045' -I: 1" W, a distance of 299.89 feet to the END POINT of this casement description. The easement described contains 0.21 acres more or less. See: Exhibit" A4" I Xl IIBlr i\~~ LEGAL DESCRIPTION FOR PERMANENT SEWER EASEMENT FOR PARCEL3 PARCEL # 50531427800 OWNED BY EUGENE AND ARDYCE QUENZER This pl'nnanent sanitan: sewer casement is situated within the 5E 1'1 and thl' N E f /4 of Section I, I, Tovvnship 4 North, Range 1 East, Boise Meridian, Ada County, Stdte of [daho. Being a 1,0.00 foot wide strip of land 15 feet each side of the following centl'r l!l1c and more particu la rI y described as follows: Commencing at the El/4 corner of said Section 31; thence N 89046'20" W, c1 distance of 2638.68 feet to the Cl/ '* corner of said Section 31; thence 5 89046'2()" E, a distance of 425.02 feet to a point; thence N 00045'41" E, a distance of 17.94 feet more or less to a point on the northerly line of said parcel and also being the POINT OF BEGINNING. Thence 5 00045'41" W, d distance of 297.34 feet to the END POINT of this casement description The casement described contains 0.20 acres more or less. See: Exhibit II Ai" I XIIIBJ r 1\-,\ , 'i~ ~Q:i ~~ ~~ 4.J ~" ~~~~ ~~ " ~ ~ ~~<l2~ 9:5~;:r:'(: ~;r:J-;:::~ ~~~:;s ~~~8 'II- ~ ~ ~~" ~~ C(RJ "" ~~~ ...'" _0 W WII> . w .... ""'"' --!..:- _ _'~_~.(_;.v~ "ii-- I: (dAl) ",SJ 11 N)!;id .Ill.l: - r- I" " I,l--s\ .ILlI-1+- I'!' 'rl:Jl I~i~ ,..".. 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"I '1 j 0::. .....~, 1 ' ~ ~ ~LF' n.~ b! ! ~!{ V1 ' j oat" ~! h .. r ~w ~I Ii ~ :":"'''''~~~~H,-,....,.--L_____--~l!.l...-- f(';~.' \~f~~t!::j~;::~~:ii6~::'i f rr~l .,r "N,:a:~-' '" "~ : - 'it )>'1 J : - I'7'f ~.~ ~c or 1:- r:i 4/ ..--;vw U :: I,:;} ...: ;;I;;:ll::l ~ ~..~ ~a ~: ~~ ~ a.. 0... ~ I I W ~~ I J D.. ~ I Hi 'i:,=.:~~~~=.:~=.::j L~~u. --'1", r: .'- - ea-65llJ:,-.:<r.m;;--H i'i.:~..oo;, '11 ro N I,~ . 5! ~ ;~ Lil I S u ~" ~j d~ u l....:::..- ~w _ _ _ _ __ ~ ~ .oo.;~; - -"'~'~O;; - ~_ D-D- g ~~ ~ D- D- u_ ...0-') ~~ ull> ~~.-.~ .)---- \ '-t f--- c{} :t:. >< --.t..I ~ -<x7.... ~ ~ !/Iu:r ~ z w J; W II> -< W ~ :.!:.!:.! W Z ",_0 -< NNN ~ NOO w 11. - "'''' ~ LilG:lcd -< uuu W ~~~ ~11.a.a. TEMPORARY CONSTRUCTION EASEMENT THIS INDENTURE, made this _ day of _, Eugene and Ardyce L. Quenzer, husband and wIfe. the "GRANTOR" and THE CITY OF MERIDIAN. a body politic and corporate of the State of Idaho. the "GRANTEE": WITNESSETH FOR VALUE RECEIVED, and for the term and uses and on the terms and conditions hereinafter set forth, GRANTOR does hereby grant to the GRANTEE an easement (the "EASEMENT") under, over, through and across that certain real property owned by GRANTOR situated in the COUNTY OF ADA. STATE OF IDAHO more particularly described or depicted on Exhibit "B-1" attached hereto and by this reference made a part hereof (the "Servient Estate"). This grant is made on the following terms: 1 Authorized Uses bv GRANTEE. The GRANTEE's use of the Easement granted herein shall be in connection with the construction of a sanitary sewer trunk on adjoinmg and abutting property owned by GRANTEE (the "Dominant Estate"), for access and egress for equipment and vehicles, for construction, excavation, storage of earth and other materials thereon, for surveying, and for all other reasonable uses that are necessary, advisable or convenient to GRANTEE In connection with such sewer construction and improvement, and for ingress and egress to and from the Dominant Estate. 2 Use by Others Under GRANTEE. The GRANTEE's right to so use the Servient Estate during the term of the Easement shall extend to use by GRANTEE's Commissioners. employees, contractors and agents 3. Term This Easement shall be for a term commencing on the date of the GRANTOR's execution of this Indenture and terminate on the completion of the sanitary sewer trunk project construction on the Dominant Estate. On the expiration of the term of this Easement, the rights and privileges granted to GRANTEE hereunder shall cease and terminate and this Easement shall be null and void and of no further force and effect. 4. Indemnification. GRANTEE hereby indemnifies and holds GRANTOR harmless from and against any and all loss, injury, death and damage, and attorneys' fees and costs that might be incurred by GRANTOR in defending any such claim, that shall result from the use of the Servient Estate by GRANTEE, its Commissioners, employees, contractors and agents, hereunder. 5 Restoration on Expiration of Term. On the expiration of the term of thiS Easement, the Servient Estate shall be restored by GRANTEE, at its sole cost and expense, to at least as good a condition as existing on the date of this Indenture 6 Bindinq Effect This Easement, and the covenants and agreements herein contained, shall, during the entire term hereof. be binding upon and inure to the benefit of (i) GRANTEE AND GRANTOR. respectively, and their successors and assigns. and (II) their respective interests in the Dominant and Servient Estates Temporary Easement Page 1 of 2 7 Appurtenant The Easement herem granted IS appurtenant to the Dominant Estate TO HAVE AND TO HOLD this Easement unto the GRANTEE for the term hereinabove set forth GRANTOR covenants to the GRANTEE (a) that the GRANTEE shaH enjoy the quiet and peaceful possession of the Servient Estate throughout the term hereof; and, (b) GRANTOR warrants to the GRANTEE that GRANTOR is lawfully seized and possessed of the Servient Estate and has the right and authority to grant this Easement to GRANTEE. IN WITNESS WHEREOF, this Temporary Construction Easement has been duly executed by (alternate, if Grantor is a corporation or other entity: "and on behalf of the', GRANTOR, the day, month and year herein first above written, By Gary Smith, PL, Public Works Direclor GR~:mk_~ By ?fr-7./ Printed::E l..{ 9 eft) f'_ () u e. /b~ Pc I ," CITY of Meridian By: Robert Corrie, Mayor Dale: 7 - D I - O;J.., - c;') -;-; / Social Security Number: 5! I... YP- ~ ;j:; b . A'rrFST: By:/( f? rl yc e-. i... prinled:H /? (l yr: c. Date: 7- & A Q . /OJ ~ .-7;:; u..~._~_5:;/,- Tille: l, (J~~t: /2 Cily Council Approval Date: D2 " Temporary Easement Page 2 of 2 .~ "If' .. .':( l~. " -r--------- ,: (dA.l) If!SJ I L nJ,ljd .Ll."ll - , f' r! -rl-,~, ILll -It- I!' ' I!~ ,-.~ d~ L I:: ;;,~ (!: ~;; , JI.W: ..,!< ,It!~. fl~ Il'~: 5~1' aJ ' , '. ' I~ I '" : ::~ I !'. ,;1; "-'--I~ , '(' (dI..1) If!SJ ',i: "J~d .Iell -, .~ ,;.;.;; \\\ '" ~, ,,' i,~... . 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" , ;gl '" .." ::!, ;f --000' July 11,2002 MERIDIAN CITY COUNCIL MEETING APPLICANT July 16, 2002 ITEM NO. .:3- K REQUEST White Drain Sewer Trunk Permanent and Temporary Easement -- Quenzer Property 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: ~ Date: Phone: Materials presented at public meetings shall become property of the City cf Meridian. Mem To: Mayor Conie nJECEIVE 1\J From: Brad Watson, P.E. CC: File, Gary Smith, PE, City Clerk Date: 7/11/2002 Re: Proposed Agenda Item for July 16 City Council Meeting Ii i! ~",; ~~) ~= 2 CITY OF MERIDIAN CITY CLERK OFFICE The Public Works Department respectfully requests that the following item be placed on the July 16 City Council agenda. on the Consent Agenda, for Council's consideration: 1) White Drain Sewer Trunk Easement- Euqene & ArdYce Quenzer. This sewer easement runs through the Heritage (Quenzer) Commons subdivision that received preliminary plat approval last month. Attached IS a copy of new permanent and temporary construction sewer easements signed by the Quenzers along with a sIgned right-of-way contract. No compensation IS associated with this easement. Recommended Council Action: Accept the permanent and temporary construction sewer easements from John Kennedy, approve the Right-Of-Way contract and authorize the Mayor to sign and City Clerk to attest the easements and Right-Of-Way contract. Thank you. Please contact me If you have any questIons regarding this Item /~ hom u.: ,1<.""'- 01 Brad \\aL"'Hl, P.I'~ ll[\ 1 n~:1I h....... ~kn(liaIl 1\lbh~ Work.< [}'ll<Lrtll1dll 660 r. W;llL'l""'LT i ",Uk'. SUI1~ ZOO \k1lCh.ul. I,LIII":-; \1,12 oCt!!) K9!l.55W Ll.\ (201() 1(1(7-12')7 \\.:1tl.;()ntvci'rrh..."11di~uh:tl\. ~lr':.: . Page 1 CITY OF MERIDIAN (J(J(] E Warerlower Ln. Suite 200 ( Mcndlan, Idaho X 1M2 R/G}{T-OF-WA Y CONTRACT LOCAL PROPER IT OWNERS PROJECT /I & DESCRIPTION Whitc Dram Sanitary Scwer Tr1lnk, Tcn Mile Rd to Locust Grovc Rd PARCEL /I & OWNER "^ S0531~27800, Eugene Quen.zcr and Ardvce L ~lZeL husband and wife DATE OF OFFER ~~- ~r_ .---- -"-'-'--~-"""""""~_~~~...._ _. _ ._ "_" _ _~~.. ~ ~ ~---.-~~~~--'_~""""'_'r~__.~_ ~_ ____,~ _. ._.~ THIS RIGHT-OF.WAY CONTRACT. made thiS da! of ._~, 20 ,between the City of Mendl<H1. actlng by ItS Mayor and Council. by the Public Works 01 rector or hiS authonzed representative, herein called "CITY" and Eugene Quen/.er and Ardyce L Quenzer, husband and wife herelll called nGRANTOR" WHEREAS, subject to the tenns outlined below. GRANTOR agrees to dehver to the CITY a Permanent Sewer Lmc Easement and Temporary Constmetion Easement included herewith as Exhibit "A-I", ExhIbit "A.T, Exhibit nA_j" Exhibit A-4 and Exhibit B-1 NOW THEREFORE. the parties hereto agree as follows GRANTOR agrees 10 donate the following cascmcnts to the CITY OF MERIDIAN ITEM DESCRIPTION AREA (Ac) Permanent Easement Parcel I Perrnanent Easement Parcel 2 Permanent Easement Parcel 3 Temporary Easement Parcel l Tcmporary Easement Parcel 2 Temporary Easement Parcel 3 2.28 021 _ 0.20_ 311 ..JU.l._ -.JW.._. AddlllOnal StIpulations For Mutual Benefits --------~~~~----~--_._, ~_<_~~~~c~~_. 2 TIllS Contract shall not be binding unless and l1ntd cxecutcd by the Publics Works DIrector and the Mayor and/or thClr authorized representallves. The parties have herei n set out the whole of their agreement. the performance of H hich constitutes the entirc consideratIon for the granting of said easement and shall relieve the CITY of all further claims or obligations on that account or on aecount of the location, grade. conslmctlOn, and maintenance of the proposed samtary sewer line Gary Smith. P E., Public Works Director ::~~~h/ Pnnted U '1 eN Q.. ~ ;; ~ e r2.. Date. ___--2::::..8 1- (/:;; Social Security Number S / f-.t};;' - .s-9" 51 By~_L~:~uv Pnnted 1119 j yr! e.. L. ( , L clZ- Date ? - O;J.. - CL4~.___._~_ CITY of Mendian Bv fh Robert Corne. Mayor ArrEST lltle eltv Couller! Approval Date ______"__~__.~ () 5122/0 2 SANITARY SEWER EASEMENT This Sanitary Sewer Easement (the "Agreement") IS made and entered Into this _ day of . 20 . by and between Eugene Quenzer and Ardyce L Quenzer. husband and wIfe. the "Grantor(s)." and the CITY OF MERIDIAN. a body politiC and corporate of the State of Idaho. the "Grantee" Recitals: A Grantor(s) own(s) the parcel of real property located in Ada County, Idaho. more particularly described on Exhibit "A-1", "A-2" and A-3 attached hereto (the "Servient Estate") B Grantee desires to provIde for a sanitary sewer trunk line across the Servient Estate and adjacent properties. and in connection therewith desires to obtain an easement to construct, Install and maintain said trunk line system over and across the Servient Estate, and on the terms and conditions hereinafter set forth. Grantor(s) (Is/are) Willing to grant the same to Grantee NOW, THEREFORE. IN CONSIDERATION OF THE PREMISES AND THE MUTUAL COVENANTS CONTAINED HEREIN AND OTHER GOOD AND VALUABLE CONSIDERATION, THE PARTIES AGREE AS FOLLOWS: 1 Grant and Use. Grantor(s) grant(s) to Grantee a perpetual easement over and across the Servient Estate for the transportation and delivery of sewer water across the Servient Estate. and for the construction. Installation. operation, maintenance. repair and replacement of a sanitary sewer trunk line system on the Servient Estate reasonably necessary for such purpose (the "Easement") The Grantee's use of the Servient Estate is not exclUSIve. but other uses of the Servient Estate by Grantor(s) shall not Intertere with the Grantee's Easement and Its expected uses thereof. Grantor(s) further grant(s) to Grantee a The right to grade the gravel maintenance road located Within the perpetual easement. b The right from time to time to tnm and cut down and clear away any and all trees and brush now or hereafter on the easement that may interfere with the exercise of Grantees rights under this instrument: c The right to Install. malntam and use gates in all fences that now cross or shall hereafter cross the easement. d The right to mark the location of the pipeline by sUitable markers set In the ground. provided that such markers shall be placed in fences or other locations that will not Intertere with any reasonable use Grantor shall make of the easement: e The right to construct future manhole(s) over and service connections to thIS sewer trunk Ime 2 Construction, Installation and Maintenance At its sole cost and expense Grantee shall construct and Install the system Within the Servient Estate. the construction and Installation thereof to be pertormed In accordance With plans and speCIfications prepared by Grantee at ItS sole cost and expense and reviewed by Permanent Easement Page 1 of 3 Grantor(s) pnor to the commencement of construction By reviewing such plans and specIfications Grantor(s) assume(s) no responsibility for any deficiencies or InadequacIes In the desIgn or construction of the system. and the responsIbility therefor shall be and remain In Grantee After construction and Installation IS completed, at ItS sole cost and expense Grantee shalf maintain the system In good condition and repair and as requIred to satisfy all requirements of applicable laws, the policies of Grantee and sound englneenng practices, and Grantee shalf have access to and from and over and across the Servient Estate for the purposes of such repair and maintenance If the adjoining property owned by Grantor(s) or the surface of the Servient Estate where the system IS buned IS damaged as a result of the construction or use or repair and maintenance of this Easement by Grantee, Grantee, at its sole cost and expense, shall repair and restore the same, to the extent reasonably practicable, to the same condition it was in pnor to such damage. 3 Covenant Aqarnst Permanent Improvements Grantor(s) covenant(s) and agree(s) that (he/she/itlthey) will not interfere with Grantee's use of this Easement, or with Grantee's ability to repaIr and maintain the system thereon, and hereby covenant and agree that, except for such fenCing as is reasonably reqUIred by Grantor(s) to secure (hls/her/its/their) adjoining property and the Servient Estate, (he/she/it/they) will not construct any permanent Improvements on the Servient Estate or plant any trees or similar substantial perennial plants thereon 4 Indemnification Grantee shalf indemnify and save and hold Grantor(s), (and each of them.) from and against all claims. actions or Judgements. for damages, mJury or death caused by or ansing out of the failure or neglect of Grantee to properly construct. Install, repair or maintain the system on the Servient Estate 5 Covenants Run With the Land. This Easement shall be a burden upon the Servient Estate and shall run with the land 6 Attornev's Fees and Costs In any suit, action or appeal therefrom to enforce or Interpret this Agreement, the prevailing party shalf be entitled to recover their or ItS costs Incurred therein. including reasonable attorney's fees 7 Exhibits All exhibits attached hereto and the recitals contained herem are Incorporated herein as If set forth in full herein 8 Successors and Assiqns This Agreement, the Easement herein granted. and the covenants and agreements herein contained shalf Inure to the benefit of and be binding upon the parties hereto and their successors and assigns to the above- descnbed Dommant and Servient Estates, or any portion thereof 9 Recordation This Agreement shall be recorded m the Real Property Records of Ada County. Idaho 10 IN WITNESS WHEREOF. the underSigned have caused this Easement to be executed the day, month and year set forth above Permanent Easement Page 2 of 3 IN WITNESS WHEREOF, the undersIgned have caused this Easement to be executed the day, month and year set forth above CI [''y' or ivkridian BJ (iR:\V'ORS: ;-) 1l~:C~jf-nJ!~' t~/-"~ Printed:'E t-.{ q p /lJ e ~'IA P tJ z- P f~ / Dale: 7 - (; / - 0 ;z, Car: Smith. P.L. Public Works Director By: Robert Corrie. Mayor Social Security Number: 5/ '1- Cj.J, - :;; 9' &- City COUllcil i\pproval Dale: /7. Ii p 3 . I l~YL'(Adr <'1 v/)~. 7'y'A'M1 J0J Prinled: 11/2 ~ y (' ( L.. Qcr. /II z. C, rC Dale: ? - [...:7\ - u..:z. ^ rTl:ST: Tille: STATE OF IDAHO ) ) SS ) r' ,/ c\ 'r ;;r ! r , On this I -, day of ~.J G\...l-^-) . 20 ()'!l- , before me, nL b.--c:-cc~ /\. ~I\ fJ'....v'- l<-~ ,a Notary Pupllc In and for th3J'tate of Idaho, personally appeared ~.J)9I-)lL~ ~ v-<-,/\ 2:7-.( ~ r-\-<'d ~ ('-~.J G;~>Q~wn or proved to me to be the person(s) wno executed the foregoing Instrument, and acknowledged to me that (he/she/itlthey) executed the same County of Ada IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ~o.<l~'111~nG:;::a.~ ~ if" 1\'\ > "'I:>.} .k~' <"''0!.. r~,:j, . .'.>~ .<;,'1)" <.'I.::V _",,"3"'~ cj' v; ~' ./."\.~) ~~~... --~'''',...,... .(:j- \.... ,..~'';'\''''''9 oQ \....1'.... . t...:. <~ ',' :.v ,,>'" '" \ ') , " [...1;,,' ~fc' -N"OT A.f2 ~. \~, t... \'. r-5 ~ I: (J- (t.... t'? 01 UJ ~ +;. ~t?<:Sc ~ * ~ ';; ,~ j". l: ~ ~ 0 v '\l ~ ~ 'b PUB 'j..., \ 00 ~ ~ tfl ''0 ",0 () ~ <0;, ?> 00 0" ,').' .: <' A 0000 DOOO .... "," "~'~'h b.. '" o!>.:>~ <8 OF \\)'- "..'" [t(!~ 1>'" '''C3'~,UU~&~ 1<: /" // /:~/ /;. , i'// / I&;~/'/ (,1/;1/(, /J. Notary Public for Idaho ReSiding at () 'p[v::{ \.-::.....r-. Idaho My commiSSIon expires I 0 . l D' :} Permanent Easement Page 3 of 3 I LEGAL DESCRu'TION FOR PERMANENT SEWER EASEMENT FOR PARCEL 1 [) ^ ReFI. # S05~ J -+27800 OWNED BY EUGENL: AND ARDYCE QUENZER This permanent sanitary sewer easement is situated within the SF L.I of Section ~ I, Ttnvnshl~) -+ North, Range 1 East, Boise Meridian, Ada County, State of Idaho. Being a ~O.OO foot \vide strip of land, 15 feet left and right and a 2711 feet wide 12.71 feet left (north) and IS fL'l'l right (south) of the following centerline more particularly described as follows: Commencing at the El/4 corner of said Section 31; thence N 89046'20" W, a distance of 2638.68 feet to the Cl/4 corner of said Section 31; thence S 00045'41" W, a distance of 475.00 feet to the POINT OF BEGINNING. Thence 5 89046'10" E, a distance of n5.01 feet to a point; Thence N 00045'41" E, a distance of 180.62 feet to point; Thence S 890.:1:6'10" E, a dist,llIce of 290.01 feet to a point; Thence 500045' 41" W, a distMlCe of ~34.14 feet to a point; Thence 5 89046'10" E, a distance of 260.30 feet to a point; Thence N 05016'03" E, a distance of 124.87 feet to a point; Thence N 260-+3'05" E, a distance of 95.96 feet to a point; Thence N 68038' 14" E, a distance of 1102.13 feet to a point at the end of the 3000-foot wide perina nen t easemell t; Thence beginning a 27.71 foot wide pcrmclnent easement of land 589046'20" E, ad istance of 855.56 feet to a point on the westerly Right-of-Way of Locust Grove Road sclid point being the END point of this mscrncnt line description. The casement described contains 2.2H acres more or less. Sce: Exhibit" A4" rX1111I11 .'\.1 LEGAL DESCRu'TION FOR PERMANENT SEWER EASEMENT FOR PARCEL 2 P Af\CEL # S05~ 1-l27BOO OWNED fW EUGENE AND ARDYCE QULN/U\ ["his permanent sanitary seWet. casement Being d portion of ~larcel It SOSl,l-l.27KO() situdted v\'ithin the SE I~ and the NFl / -l of Section ~ l, Tov\'nshi~) -l North, Range 1 Edst, Boise Meridian, Ada County, State of Idaho. F3eing d :'0.00 foot wide stri~) of land, 15 leet edch side of the following centerline more ~)articularly described as follows: Commencing at the E1/4 corner of said Section:)l; thence N W)0-b6'20" W, a distance ot 26:)868 feet to the ell 4 corner of said Section:) 1; thence S 89046'20" E, a distance of USJll feet to a point; thence N 00045'41" E, a distance of 20.50 feet more or less to <1 point on the northerly line of said parcel and also being the POINT OF BEGfNNfNG. Thence S OOO-l5'.U" W, a distance of 299.89 feet to the END POINT of this easement description. The edsement described contains 0.21 acres more or less. See' [':xhibit " ;\-1" [\IIIB] [.\.' LEGAL DESCRleTION FOR PERMANENT SEWER EASEMENT FOR PARCEL 3 (l i\RCEL # 505.1, 1..),27KOO OWNED BY EUGENE AND ;\RDYCE QUEN!E!\ This pennanent sanitary sewer easement is situated within the SF 1.1 and the NEI/ -l: of Section I, I, Township..), North, Range 1 East, Boise Meridian, Ada County, State of Idaho. Being a 30.00 foot vvidc strip of land 15 feet each side of the foJlovving center line and more pa rticu I c1 rl Y deseri bed as follows: Comrncncing at the El/")' corner of said Section 31; thence N 890,,),6'20" W, a distance of 2638.68 feet to the eI/4 corner of said Section 31; thence S 89046'20" E, a distance of -1:25.02 feet to a point; thence N 00045' 41" E, a distance of 17.9..), feet more or less to a point on the northerly line of said parcel and also being the POINT OF BEGINNING. Thence 5 000,,),5'-1:1" W, a distance of 297.3-1- feet to the END POINT of this easement description. The easement described contains 0.20 acres [110re or less. ~Cl" ExhibIt" Af' [XI IIIH I l\.; --=.:... _ _'~.~ ~_.}f,J~ "Ii-- I: ("'lll',n>.llJ _ I L- "J~d If I: l'-Sl "ll-It- Il.~ j!~ I..j~ :;. '! ; , 1'; ;If 1 ' S'; ,j" ~I~ r~~ ~ , I' }:s J~J ~ ~fl I '" ~l: : :r~ ~ ~~ I l~f ._~ I.; .Id (doU) 1l"!SJ .1.' nJlJd ,u. -ll:- -I" ~I ; .-FXH7 .;.;~ :.~~\ \ '\.\'., . ~~) ~ . 1 \\\~ ~S"~. ~ ~ ,.--\\\ ~ I \\\ r \\\ \\' . \ ;, \ '\,.~~ \r ~\~,'(, ..x' ., .~ ., ~\~~ \\\ \\\ ~J.;\\ ../"~ \\ \ - \~\ J~ J:=:'C """I' "\\ ~'g ~..... 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I' ; I, , .~ ~w TEMPORARY CONSTRUCTION EASEMENT THIS INDENTURE. made this _ day of Eugene and Ardyce L Quenzer, husband and wife. the "GRANTOR" and THE CITY OF MERIDIAN. a body politic and corporate of the State of Idaho. the "GRANTEE": WITNESSETH FOR VALUE RECEIVED, and for the term and uses and on the terms and conditions hereinafter set forth, GRANTOR does hereby grant to the GRANTEE an easement (the "EASEMENT") under, over, through and across that certain real property owned by GRANTOR situated in the COUNTY OF ADA. STATE OF IDAHO more particularly described or depicted on Exhibit "B-1" attached hereto and by this reference made a part hereof (the "Servient Estate"). This grant is made on the following terms. 1 AuthOrized Uses bv GRANTEE. The GRANTEE's use of the Easement granted herein shall be in connection with the constructIon of a sanitary sewer trunk on adjoining and abutting property owned by GRANTEE (the "Dominant Estate"), for access and egress for equipment and vehicles, for construction, excavation. storage of earth and other materials thereon, for surveying, and for all other reasonable uses that are necessary, advisable or convenient to GRANTEE In connection with such sewer construction and improvement, and for ingress and egress to and from the Dominant Estate 2 Use by Others Under GRANTEE The GRANTEE's rrght to so use the Servient Estate during the term of the Easement shall extend to use by GRANTEE's Commissioners, employees, contractors and agents 3 Term This Easement shall be for a term commencing on the date of the GRANTOR's execution of this Indenture and terminate on the completion of the sanitary sewer trunk project construction on the Dominant Estate On the expiration of the term of this Easement, the rights and privileges granted to GRANTEE hereunder shall cease and terminate and this Easement shall be null and VOId and of no further force and effect 4 Indemnification. GRANTEE hereby Indemnifies and holds GRANTOR harmless from and against any and all loss, injUry, death and damage, and attorneys' fees and costs that might be incurred by GRANTOR in defending any such claim, that shall result from the use of the Servient Estate by GRANTEE. its Commissioners, employees, contractors and agents, hereunder 5 Restoration on Expiration of Term On the expIration of the term of thiS Easement. the Servient Estate shall be restored by GRANTEE, at its sole cost and expense, to at least as good a condition as existing on the date of this Indenture 6 Bindinq Effect This Easement. and the covenants and agreements herem contained, shall, during the entire term hereof, be binding upon and Inure to the benefit of (i) GRANTEE AND GRANTOR, respectively, and theIr successors and assigns, and (il) theIr respectIve Interests in the Dommant and ServIent Estates Temporary Easement Page 1 of 2 7 Appurtenant The Easement herem granted IS appurtenant to the Dommant Estate TO HAVE AND TO HOLD this Easement unto the GRANTEE for the term hereinabove set forth GRANTOR covenants to the GRANTEE (a) that the GRANTEE shall enjoy the quiet and peaceful possession of the Servient Estate throughout the term hereof: and, (b) GRANTOR warrants to the GRANTEE that GRANTOR is lawfully seized and possessed of the Servient Estate and has the nght and authority to grant this Easement to GRANTEE. IN WITNESS WHEREOF, this Temporary Construction Easement has been duly executed by (alternate, if Grantor is a corporation or other entity' "and on behalf of the') GRANTOR, the day, month and year herein first above written. CITY of Meridian By Gary Smith, P.E., Public Works Director GR~O~~ __ 9un~M' BY~~~L- Printed: F I.{ J e/lJ e K:! fA e.1/..2::_f:' I<~ Date: 7 - () I - 0 d.. [3y: Robert Corrie, Mayor Social Security Number: 5-" C;.. y;.)... :J-? b By: uf;<f A ye. e.- L f:! u..sdJI' z. e.<? printed:H/?r;( yr- c i.... <Ju L~Z-t.:' I'd. AT rEST: Iltlc: City Council Approval Datc: Date: 7- 13.;< D J ... 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CL )- " I 21 '" "" '" -, ( July 11, 2002 Department Reports MERIDIAN CITY COUNCIL MEETING July 16,2002 APPLICANT Planning & Zoning Department -- Shari Stiles ITEM NO. l' REQUEST Update on Preparation of Final Comprehensive Plan / Resolution 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: ~ ~V~ {!~ ~ l1v rJr ~JJ' Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. July 11, 2002 July 1 6, 2002 MERIDIAN CITY COUNCIL MEETING APPLICANT Meridian Police Department ITEM NO. cP REQUEST Swear in Two New Police Officers 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: cJJ~ R# ftrioify,J S f/'/V I Vl~tv {lMVt1 ' Contacted: Date: Phone: Materials presented at public meetings shall become property of the City ot Meridian. LaRee Crystal From: Sent: To: Subject: Jamie Leslie Tuesday, July 16, 20022:39 PM LaRee Crystal Brian Caldwell Brian A Caldwell was born in Orange, CA on March 3, 1974. Brian graduated from Villa Park high school in 1992 and began attending college at Orange Coast Community College with intention of becoming a music teacher. In 1993, Brian enlisted in the Army National Guard and was trained as a combat engineer. During the 1994 earthquakes in California, Brian's National Guard unit was activated and he spent some time in Los Angeles working with various law enforcement agencies. After that he was hooked on law enforcement. In 1995, he was accepted at Washington State University. After living 21 years in California Brian moved to Pullman, Washington to finish his education. While at WSU, Brian changed his major to Criminal Justice and completed an internship with the Idaho Department of Correction at the ProbationlParole office in Lewiston. Brian graduated from Washington State University in December 1998 and in February 1998, he was hired as a Probation/Parole officer and has worked in Lewiston until now. On July 3, 2002 Brian accepted a position with the City of Meridian as a Police Officer. 1 Matthew Kyle Shriver was born in Houston, TX on January 23rd, 1976. Although not a native ofIdaho, he has spent all of his adult years living here. Matthew attended Capital High School and graduated with the class of 1995. With aspirations of one day becoming a Police Officer, Matthew enrolled at Boise State University as a Criminal Justice major the following falL Taking a short break from school after his first year at the university, Matthew enlisted in the United States Marine Corps Reserve as an MIA1 Tank Crewman and arrived at the Marine Corps Recruit Training Depot, San Diego, on May 28th 1996. During his six-year tour he earned the Select Marine Corps Reserve Medal and the Navy Achievement Medal. Matthew returned to school after eight months in training and graduated from Boise State University in August of2001 with a B.S. in Criminal Justice Administration. Leaving his position at Sears after nearly five years, Matthew took the opportunity to pursue his dream job, a career in law enforcement and accepted a position as a Police Officer for the City of Meridian. July 11, 2002 MERIDIAN CITY COUNCIL MEETING APPLICANT Meridian Police Department REQUEST Awards from ICRMP for two officers July 16, 2002 ITEM NO. 7 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DE?T: CITY BUILDING DE?T: 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: OlftN~ J1 ~ fVffJ ~O;r Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. July 11, 2002 MERIDIAN CITY COUNCIL MEETING July 16, 2002 APPLICANT Meridian Police Department REQUEST Introduction of Cindy Hi1J ITEM NO. t AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMP A MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Contacted: COMMENTS Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. July 11, 2002 MERIDIAN CITY COUNCIL MEETING July 1 6, 2002 APPLICANT Sundance Company ITEM NO. q REQUEST Tabled from July 2,2002: Discussion of water and sewer latecomer agreements with Sundance Company for Silverstone Subdivision project 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: SANtT ARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: cf4-vS5 Contacted: Date: Phone: Materials presented at public meetings shall become property of the Cliy of Meridian. C~'EJ\~ , Cit)/of M~ridiari"":>'{"~" ,;':" "', , Publi~" VVql:k$J~ep~,! ,", :", .' ',' , ,cd", ; < ~, "~'~::~?C '--::~ ~<:c>"~^'~:~~::~"~~ :< "0~ '~<-::: ' '> R~CEI'VEI) I t\1 .lL.._// Me JUL 1 5 CITY OF MERIDIAN CITY CLERK OF!='ICI:- To: Mayor & Council Members From: Brad Watson, P.E. CC: File, Gary Smith, PE Date: 7/15/2002 Re: 7/16/02 Agenda Item NO.9 - Silverstone Subdivision Water & Sewer Latecomer Agreements The following pages are copies of correspondence between Sundance Company and me regarding additional explanation of their projects costs. r am forwarding these as additional information for Agenda Item No. 9 at tomorrow night's City Council meeting. ;5f?LJ From the desk of. ' . Brad Watson, I'.K City Engin~:r M~'fidian Public Works [k.'partnl<::tll 660 E. Watertower Lane. Suite 200 1\.k'fidiall. 1d.1ho 83642 . Page 1 (208) 898-5500 Fax: (208)887-1297 watsonb@ci.m.'fidianidus The Suncfance Company ..+ c_..._______ -................._- ..-.-...........---------c 9~OC \'VEST SI.ACI<EAGLF. JRVE BO St. H.WJO 113709 (~O~) 322.73CC !3' (205: 322.73)7 "'''.w, "'C2n:ecccom July 12,2002 City of Merid ian Brad Watson 660 E. Watertower In., Suite 200 Meridian, ID 83642 RE; Silverstone Subdivision Latecomer Agreements Dear Brad: In regards to your letter dated July 8, 2002, eve included a marc detailed list to describe the General ConcUions and Construction Manager costs. Please understand these are all dlrect COSIS atlributed to Sundance by the Sewer and Water pro~ects. We do not fee!lhal iT is reasonable to penalize the developer that ir.stalls the system, by subsidizing :he compcl:tion. Here is a list of the items ip.c:uded in the General Condition and Construction Manager ca.tegories: Safety equipment, Storage Containers, Temporary Telephone, Temporary Power, Portable Toilets, Project Trailer, Office Supplies and Postage, Plan Duplication, StTeet Clea~l-up, Project Manager - Gene Bennett, Project Superintendent - Jc. \1uITay. A II costs are :.olely those attributed to the Sewer and Waler project. Please contact me if there is tlllyth:ng fUl1her I can do to clarify. Also, I'm at your convenience if you or the council rinds it necessary for me. to a.ttend the meeting on July 16,2002 m person. Thank YOll for your attention, and hopefully this clears IIp any question so we can finalize the latecomer agreements. f Ryal ndcrson Thc Sundance Company J'~~ 12 I 22 1 S ~ J ~ 2~3322~3::;-' :::~~=. ~-::2 (i \In [) S\IIIII, 1'1- 1'1 1I11( \I,'(J)(", I Jil(l 1 IOJ{ CITY OF MERIDIA(' PUBLIC WORKS / BUILDING DEPARTMENT j\[.\) (Jf{ R()lifl~ I i) ('( Jl<IW Bini) R \1,'\1"''> 1'1' ( .,,, I." "'>I 11< {'Ot ....<11 MI;\IIII-I<' [.,:111 II 1~lIw 1"\\1;\1) Ill- WIIIW CII'-I<II- iYkC\'>llll" Will 1\;\1 L M N \In July 8, 2002 Ryan Anderson The Sundance Company 9100 West Blackeagle Dr. Boise, JD 83709 RE: SILVERSTONE SUBDIVISION LATECOMER AGREEMENTS Dear Ryan: As detailed In my June 28memo to the Mayor and Council and copied to you, I presented the question of eligible reimbursement costs to them. I could not adequately answer their questions regarding the costs listed in your request for "General Conditions" and "Construction Manager." Consequently, they asked that I provide more information for them so that they can resume the discussion at their meeting on July 16. Please prepare a written explanation of these two cost items and send to me by noon on Thursday, July 11, 2002 (fax will be fine) so that I can get it into the Council packets for their July 16 meeting_ None of the five questions for which I requested discussion and direction were resolved at the July 2 Council meeting. Thank you. Sincerely, ~~~ Brad Watson, P.E City Engineer cc: File s:\pu blie works\robert _ f\latecom ers\sundance-silverstone\anderson. 7 -8-02 .ltr .doc (lClO E Walcr!(l\ver Ln . Suite 200 Public \Vllrl-., (20S1 WJS-:):)OO Fax (20Xf X87-1297 Meridian. Idaho 8l()..j.2 Building (208) 8X7-2211 Meridian City Council Special Meeting July 2. 2002 The Special Meeting of the Meridian City Council was called to order at 6:05 P.M. on Tuesday, July 2, 2002, by Council Member Tammy De Weerd. Members Present: Mayor Robert Corrie, Keith Bird, Bill Nary, Cherie McCandless, and Tammy de Weerd. Staff Present: Gary Smith, Brad Watson, Bill Nichols, Tom Kuntz, Mike Worley and Will Berg. Item 1. Roll-call Attendance: X Tammy de Weerd X Bill Nary X Cherie McCandless X Keith Bird X Mayor Robert Corrie Item 2. Adoption of the Agenda De Weerd: Thank you. We do have a quorum. I'm sure Mayor Corrie will be joining us shortly. Item number two, Adoption of the Agenda. Do I hear a motion? Bird: Madam President? De Weerd: Mr. Bird. Bird: I move that we adopt the agenda as published. Nary: Second. De Weerd: It's been moved and second to adopt the agenda as presented. All those in favor say aye. All ayes. MOTION CARRIED Item 3. Discussion of water and sewer latecomer agreements with Sundance Company for Silverstone Subdivision project: De Weerd: Okay. Item number three is the discussion of water and sewer latecomer agreement with Sundance Company for Silverstone. Staff? Watson: Thank you Council President and Council Members. This is a little out of sequence as you're probably aware and if you've read the memo, you kind of understand the background. We've been trying to develop a latecomer's agreement with the Sundance Company and what they're insisting be included in the agreement is different than what we have done with every latecomer agreement in the past. Usually, we bring a signed agreement to you for approval and it's all well and good and it's approved and we move on. This one has some things that have just not been approved Meridian City Council Special Meeting July 2,2002 Page 2 of 9 before and rather than wasting their time and signing something that doesn't conform to the past and bringing it before you and having it subject to some criticism, I thought we'd just get these questions answered. I'll get on with preparing an agreement. They can get it signed and we'll get it back to you for approval. There are looks like five different questions that I posed in that memo. The first one has to do with eligible cost. Traditionally, we have included only construction, our cost, engineering cost and easement acquisition, although that's somewhat rare. Sundance has submitted-if I can find it here. I think it's on the third sheet back-some other costs, including what they term general conditions and construction manager that amount to about 15% of the total reimbursement amount. They've also included a minimal amount on an architect and then some for testing and inspection. These numbers are very large. This was a large project. They extended sewer. I think the total footage is probably a mile, mile and a quarter, maybe even more than that. It was very deep. It was in Overland Road, went to the Eagle intersection and the total water that they installed, I think, was almost two miles of water all together. So, these costs are high. I did review them and I didn't have anything on file that was comparable in terms of size, depth or difficulty. The unit prices are higher than what we've seen. That's not really the question. The question more has to do with eligible cost, specifically construction management and the architect and the testing and inspection. The ordinance from my reading of it is somewhat ambiguous. Section 94-19, Part A is sort of the introductory paragraph to the reimbursement agreement. It says that the City may enter into an agreement that all or a portion of the costs will be reimbursed. Then in Part 2, it says no reimbursement agreement shall pay to the user extending the line more than 100% of his actual engineering and construction costs. That's where the question lies. De Weerd: Okay. Council, do you have any questions? I guess I do. None of this was talked about prior to the application or going through the process. Is this something that all came up after approval? Watson: Council President De Weerd and Council Members. We-I've had this information for probably-I had preliminary information around the first of the year. Then once they ended up finished construction, final cost. So, yes, these have been in there from the very-well, pretty much since the project has been completed or almost completed. As I said, we've been going around for three or four months on this. If you're talking about when they initially proposed the project, we never got into this detail. I noticed the letter here that they sent today that they gave us a budget last July and I don't have that in my files. Perhaps they did, but at that point, it's merely a budget. Nary: Madam President? De Weerd: Mr. Nary. Nary: Brad, the question I guess I have is-and you're right. I think the ordinance is pretty broad as to what are eligible costs and I understand the reason that you're here is because our interpretation of what that means is what we've used in the past and this is a little different. In Sub-Part B of both the water and the sewer, they're both-both of these are identical aren't they? I mean, when I look at them, they look the same. It's Meridian City Council Special Meeting July 2, 2002 Page 3 of 9 just ones for water and ones for sewer. When it talks about reimbursement from the City, do we have other examples from the City? Have we built any of these and gotten reimbursement? Did we include that type of cost that they're requesting when we do it? Watson: Council member Nary. We have agreements but we've always just included our costs, construction costs and the engineer. We don't have project managers. I'm not sure what they do on a sewer project. I know what the engineer does and maybe our engineer functions as the project manager. I don't have any objection to these costs. The potential pitfall is that people that come in subsequent and hook on and are charged this fee, they want to go through this calculation and find out what they're being charged for, what they're being asked to reimburse. I don't know if I can defend that one way or the other. To answer your question, we don't have- Nary: We just don't have a (inaudible) from the City side. Okay. Bird: Madam President? De Weerd: Mr. Bird. Bird: Brad, I see on this formula that they sent that their architect, engineer, surveying, testing and inspection was 7.5%. I've been checking over what our engineers are charging us on projects and it's running 15-16%. I don't know if these guys did the same thing or if you had some engineering done on it or if they did all of the engineering or- Watson: Councilman Bird, all we did was plan review. Bird: Beg your pardon? Watson: All we did was plan review on this particular project. The White Trunk, I think our engineering, surveying and I guess you would call it construction management, is probably going to run 15% of the total project. Bird: I think that's probably some of the construction manager part of the cost. The general conditions, I don't know what Petra did at that point. I don't know what they call general conditions on that. Also, Brad, you say they did not give you a budget like other states that you can find or recall? Watson: Well, I didn't look for one specifically after I got this late this afternoon but they very well may have given us a budget but really at the time and quite honestly it doesn't mean anything to me when a project is just being proposed. I'm not thinking latecomer. In fact, I'm sure they won't agree but this is about the fastest we've ever even attempted to turn around a latecomer agreement after construction is done. Nichols: Mr. Mayor? Corrie: Mr. Nichols. Meridian City Council Special Meetiny July 2, 2002 Page 4 of 9 Nichols: Mr. Mayor, if I can ask a question of Brad? Brad, typically, don't we look at the latecomer agreements in terms of the increased capacity to serve other lands? In some of these, are you satisfied with these costs they've listed or tied in to their increasing the capacity of those lines? Watson: Mr. Nichols, this was-I don't know that they increased any capacity. They created some capacity in an area that had zero. The way that these are structured is that the entire benefit area served by that extension is projected and their proportionate flow is taken out of the equation. In other words, they're responsible for their percentage of that total number of units that they would contribute. The remaining costs are divided out over everyone else's projected units of flow. Did I evade your question? Nichols: Brad, what I'm looking at is, if there was nobody upstream from them at all and they just install the line just to serve their project, they would be the only one that would have cost for that project, but when they do something to where additional folks can hook in, like putting in a pipe that's larger in size than what would be required to serve that development or maybe contributing something that's going to increase the City's ability to serve a bigger area. The difference between what it would cost them to serve themselves and what they put in is what's ordinarily looked at for the latecomer. At least, in my mind, that's the concept. They've done something more than what's required for their development and as a result, those that would benefit from being able to use that system, would have to pay a proportionate share of that benefit. Watson: Well, Mr. Nichols, that may be the way it's supposed to work but that isn't the way they've been calculated in the past. It's like when they build the line. There's one big piece of pie. However much flow they have, they're responsible for that slice and the cost associated with that. It may not even be half of an eight-inch line that they would have extended just for themselves. We just take the total number of projected ERU's in that service area or the benefit area and divided by the total number of projected ERU's, generally. If Council would like, I can talk to them and get some more specifics on exactly what general conditions and construction manager consist of and bring that back if- Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: Yes. I'd like to see Brad work with them. See what that is, Brad, and see if we can't hammer out an agreement that's beneficial to the City and satisfactory to the developer, to the contractor. I would ask them for their budget figures that they gave you July of 2001, Watson: I can certainly look for that. Bird: They should have it on record. Nary: Mr. Mayor? Meridian City Council Special Meeting July 2, 2002 Page 5 of 9 Corrie: Mr. Nary. Nary: Brad, I guess the bottom line-what's-I understand this is different than we have interpreted that ordinance previously. What's your concern about if we were to change that interpretation and going forward? Because it appears, to me, that it's pretty open-ended the way the ordinance is written and what they've asked for isn't outside of what the way the ordinance is written. It's outside of the way we've read it previously. What's your concern if we were to read it the way they're asking? Watson: Councilman Nary and Council members. My only concern, I guess, is the precedent and I guess we don't see many projects this big that would warrant a construction manager. That's the first concern. That's fine if we want to do this for everybody we can do that. Second, is the projects that come in afterward, after this agreement has been executed by the Council and the developers that start questioning, well, I don't know what costs are. Nary: Wouldn't our answer to them be tough luck? Watson: It certainly could be. Although, I'm the one that gets the phone calls. Nary: Or you want to build your own pipe, you can pay $500,000 bucks and build the pipe yourself and serve your property and hook it up to our system but if you want to just hook on, that's the price of this. It's just a precedent concern really, is what it is to you, right? Watson: There's a little bit of concern and I'm trying to kind of stay away from it. There is a little bit of concern on the people that come afterward on the maybe the due process. They're being impacted by a fee that affects the property they intend to develop that they- Nary: Well, they are no matter what cost we associate with it. Their affect is the same as the level of affect that they have is just the higher cost. The fact that they're affected by having a latecomer's agreement, that doesn't change, no matter what. It's just the amount they have to pay. Thank you. Corrie: Mrs. De Weerd. De Weerd: I believe Mr. Nary pretty much covered with (inaudible). Watson: Can I try to get through these others fairly quickly? Okay. Thank you. The interest cost, number two bullet on there, they're requesting reimbursement for interest cost on their construction loan. Again, that something we hadn't done in the past. Item number three, at least in the sewer reimbursement agreement, says a reimbursement agreement may provide for interest to be paid to the sewer user. The way that's been handled in the past is that the fee annually escalates at a predetermined interest rate. That has been our interpretation, not that we pay for their construction loan interest. I guess the key word in there is may and that's the question tonight. Meridian City Council Special Meeting July 2, 2002 Page 6 of 9 De Weerd: Mr. Mayor? Corrie: Mrs. De Weerd. De Weerd: You know, I guess a lot of what this comes down to is and I haven't read our ordinance and how it's worded and how specific it is on what is recouped under the reimbursement and what costs can be reimbursed to the developer and those kinds of things. Is it specific? Do you sit down prior to applications and kind of discuss how these things are assessed or is it just kind of-how do our applicants understand what all these fees are going to be and how our process is and how to interpret our ordinance? Do we have any kind of information that goes into more detail on that? Watson: Council member De Weerd, ordinarily if someone requests a latecomer's agreement, it's usually after the project. What we have done in the past is simply send them a copy of a boilerplate latecomer or maybe an example of one that's already approved. At no time, until they request a latecomer's agreement, do we start going over the details. We don't have enough time in the week, I guess, to go over these until it gets real and we have a real cost to work with. Although, in this case, I did do some preliminary work before the final costs were in, at their request. De Weerd: Is there-is our ordinance not detailed enough to kind of outline what is accept-what is reasonable and what is acceptable in those calculations? Nichols: Mr. Mayor? Corrie: Mr. Nichols. Nichols: Mr. Mayor and members of the Council. The way I put it is, the ordinance is just right because it gives you unfettered discretion. You don't-you're not forced to say yes to the latecomer agreement and you're not forced to say what is exactly in it. So, you can have some discretion. I think, in fact, you're not required to enter into one. You can tell the developer thank you very much for the increased capacity. I think there may be some fundamental fairness issues with that kind of approach but at least it gives you the ability to tailor to a particular situation. Now, if you want to say we'll only pay part construction costs or we'll only pay x, you could certainly do that. Even if you did that, I still would recommend that you continue discretionary approval of such agreements because there may be reasons down the road that you can't see today where you wouldn't want to require a latecomer reimbursement. De Weerd: But how do you remain fair and consistent if you don't have certain guidelines? Nary: Mr. Mayor and members of the Council. That's why Brad has always approached in the same and always done them the same because that's what the development community has accepted in the past, both from the reimbursement side and from the paying side. Meridian City Council Special Meeting July 2, 2002 Page 7 of 9 De Weerd: This just seems like you're opening a Pandora's Box if you deviate from how you traditionally have figured these and are you going to have people coming back saying, well, you didn't do that for me and I want you to recalculate these. You know. Can that happen? Nichols: Mr. Mayor and members of the Council. I don't believe so. Since it's discretionary and since it's a negotiated item, I don't believe that you're going to have-I mean, you might have folks come back and ask you to reopen it but I don't think that there'd be a basis to do so. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Brad, in the information in the memo that we have it says that this hasn't been done in the past. Do you know, has it been asked for in the past and been rejected? Have we had this type of discussion previously or has it always been done at the staff level and no one's ever really pushed the issue about interest or the administrative fees or any of those things? Watson: Councilman Nary and members of the Council. I don't think either Gary or I can ever remember this being requested. These are usually pretty boilerplate and there's nothing much new that pops up. Nary: I guess the only other comment I'd have I think Mr. Nichols is right. There's a lot of discretion here but what they're asking for isn't outside what the ordinance is either. It's just different. I mean, I don't think the ordinance doesn't say they can't get interest. It just says they may. The ordinance doesn't say that the 10% administrative fee isn't their own expense. It just says there's an administrative fee. It doesn't say it has to be charged to the developer. It doesn't mean it can't be charged on top of a 100% reimbursement to them. It doesn't say. Watson: Councilman Nary, Mayor and Council. You're exactly right and I read the same thing that these could be allowable. It's just that it's so different than anything brought before you before. I wanted to not surprise you- Nary: Sure. I agree. Watson: --at approval point. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I guess-I don't know if we want more information before we try to give some help to Gary and Brad but, I guess my only concern is if-one of these things that benefits the City is having the developers do this and do it this way because we don't have to front the cost to do it. Now, since they haven't asked before and it's not outside Meridian City Council Special Meeting July 2, 2002 Page 8 of 9 of at least what they can ask for, I think at least deserves some discussion about it because what I would feel is that in the future, if I'm a developer I'd say I'm not going to front that cost for you. I'm not going to do that. I'll build the line to serve my needs but I'm not going to build the line to serve anybody else's needs and so what are we going to do. Are we going to have ten sewer lines running down the road so that everybody builds their own capacity and that's it? That doesn't benefit anybody. That rips the road up ten times. We don't want to do that. So, I mean-I think there's obviously some balance we need to find here that's reasonable and fair. It looks like it's a first impression issue that hasn't been addressed before. I don't think we're on dangerous ground at least discussing it and figuring out what's a fair way to resolve it that benefits at least the City and gives Brad and Gary and the Public Works Department some clear direction to tell the other future developments, that this is how we do it. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: Yes. We've always basically been boilerplate and finally we got somebody that's got some other idea about latecomer's fee. I agree with Councilman Nary that we certainly need to discuss it and see what is the benefit to the City plus to the developer because at this point right now, we haven't got in place a fee to expand our sewer by ourselves, which I hope we do but hasn't been done. I would hope that we would- these developers would continue to front the money for us and then recoup it through the latecomer's fees. I think we need to work it out for the benefit of the City and the developer. De Weerd: Mr. Mayor? Corrie: Mrs. De Weerd. De Weerd: I guess I would suggest we table this until the 16th giving staff time to work with the developer because there is no doubt that this is a huge benefit to our community. The creation of jobs and the economic advantages that this development is bringing to Meridian is significant. Brad, do you need anything specific from us, other than please get back to the table and try and work this out? Watson: Council member De Weerd, Mayor and Council members. No. I am not the one pushing this schedule. They are. Although, no one is eminently getting ready to hook on to this so I'm not quite sure why, other than just getting housekeeping done. They want it done now. We have Sutherland Farms and EI Dorado coming at a future point. Anyway, I don't need anything. Alii need from, I guess, the developer is to talk about what exactly general conditions and construction manager costs are. I've been through this with them many times. De Weerd: I guess I can certainly understand why they would like to do the housekeeping now. I'm kind of like one of those that need the details before I go too much further. I would make a motion to table this to July 16th to allow staff time to work with the developer to bring something back to us at that time that we can talk on. Meridian City Council Special Meeting July 2, 2002 Page 9 of 9 Nary: Second. Corrie: Okay. Motion has been made and second for further discussion to table to July 16, 2002. Any further discussion? Okay. All those in favor of the motion say aye. Opposed, no. All ayes. MOTION CARRIED Corrie: Okay. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I move we adjourn from our special meeting. De Weerd: Second. Corrie: Okay. Motion has been made and second. Any further discussion? There is none. All in favor of the motion say aye. Opposed, no. All ayes. Special meeting adjourned at 6:34 P.M. MOTION CARRIED (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: ROBERT D. CORRIE, MAYOR I DATE I ATTESTED: WILLIAM G. BERG, JR., CITY CLERK July 11, 2002 MERIDIAN CITY COUNCIL MEETING July 16,2002 APPLICANT REQUEST Corporate Resolutions for Use of Facsimile Signatures ITEM NO. .3-L AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Contacted: COMMENTS See Attached Resolution form t\, Pfr~7/ ~1 ~ Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. RESOLUTION NO tJ 2. - J7 r BY: !a/11m?! tte ~Jeeh:(/ ./ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR AND CERTAIN DEPARTMENT HEADS TO SIGN ON BEHALF OF THE CITY OF MERIDIAN WITH FACSIMILE SIGNA TURE(S). BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: WHEREAS, it is in the best interests of the City of Meridian for the Mayor and authorized department heads, listed herein below, to have the authority to execute documents by facsimile transaction on behalf of the City of Meridian. WHEREAS, the City of Meridian has determined that Farmers & Merchants State Bank shall be authorized and directed to honor, as genuine and authorized instruments of the City of Meridian, any and all checks, drafts or other orders for the payment of money drawn in the name of the City of Meridian and signed with the facsimile signatures(s) of any of the following: NAME/TITLE SIGNATURE Robert D. Corrie - Mayor ~. Tammy deWeerd - Councilwoman William G. Berg, J r. - City Clerk Stacy Kilchenmann - Finance Director Janice Smith - City Treasurer WHEREAS, the City of Meridian shall assume entire responsibility for the use of actual or purported facsimile signature(s) of any person or persons named in the foregoing resolution appearing on checks, drafts or payments made by said Farmers & Merchants State Bank in reliance thereon, which payments may be charged to the City of Meridian, regardless of by whom or by what means the actual or purported facsimile signature(s) are affixed, if they RESOLUTION AUTHOIUZTNG FACSIMILE SIGNATURES resemble the facsimile signature(s) duly celiified to or filed with Farmers & Merchants State Bank, by the Secretary or other officer of the City of Meridian. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL as follows: 1. The Mayor and authorized depmiment heads, listed herein above, have the authority to execute documents by facsimile transaction on behalf of the City of Meridian with Fal111ers & Merchants State Bank PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this f6tidayof J~J- ,2002. - (/ /611'- APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this ......dayof c-T cdt- ,2002. - RESOLUTION AUTHORIZING FACSIMILE SIGNATURES 2 CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN I, the undersigned, do hereby certify: 1. That I am the duly appointed and elected Clerk of the City of Meridian) a duly incorporated City operating under the laws of the State ofIdaho, with its principal office at 33 East Idaho, Meridian, Idaho. 2. That as the City Clerk of this City) I am the custodian of its records and minutes and do hereby certify that on the / 6 F~ day of J u.L tJ-.. , 2002, the following action has been taken and authorized. tI A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR AND CERTAIN DEPARTMENT HEADS TO SIGN ON BEHALF OF THE CITY OF MERIDIAN 'WITH FACSIMILE SIGNATURE(S). BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: WHEREAS, it is in the best interests of the City of Meridian for the Mayor and authorized department heads, listed herein below, to have the authority to execute documents by facsimile transaction on behalf of the City of Meridian. WHEREAS, the City of Meridian has determined that Farmers & Merchants State Bank shall be authorized and directed to honor, as genuine and authorized instruments ofthe City of Meridian, any and all checks, drafts or other orders for the payment of money drawn in the name of the City of Meridian and signed with the facsimile signatures(s) of any of the following: NAME/TITLE SIGNATURE ~~~ Robert D. Corrie - Mayor Tammy deWeerd - Councilwoman William G. Berg, Jr. - City Clerk Stacy Ki1chenmann - Finance Director .->d fa ~ 1<,. /d;-L I) i 017 CERTIFICA TE OF CLERK - FACSIMILE SIGNAURES PAGE 1 OF 2 Janice Smith - City Treasurer WHEREAS, the City of Meridian shall assume entire responsibility for the use of actual or purpOlied facsimile signature(s) of any person or persons named in the foregoing resolution appearing on checks, drafts or payments made by said Farmers & Merchants State Bank in reliance thereon, which payments may be charged to the City of Meridian, regardless of by whom or by what means the actual or purported facsimile signature(s) are affixed, if they resemble the facsimile signature(s) duly certified to or filed with Farmers & Merchants State Bank, by the Secretary or other officer of the City of Meridian. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL as follows: 1. The Mayor and authorized department heads, listed herein above, have the authority to execute documents by facsimile transaction on behalf of the City of Meridian with Farmers & Merchan~$tatetBfJ.nk. \\\\ c: Mr.::: 1111 "" _I 0, c.f:/I.'D. "" ~ ,,~, Z /". /' () Of\POR~h '11- 'i<;, '/h' A ~ 9-- ~ ~G <5'0 ~ ~.:.-. I ~ William G. Berg, Jr. ~ SEAL ~ On this O~\/()& ,2002, before me, ~ -, a Notary Public, appeared WILLIAM G. BERG. JR., known or identified to me, respectively, to be the City Clerk ofthe City of Meridian, Idaho, that executed the said instrument, and acknowledged to me that he executed the same on behalf of the City of Meridian. (SEAL) ...."'...... ".ON S~~. ~... ~..O..~A~::'V.k. . '~~ 4"'f(' .. ",..<<.. . I ..,.... \:.,... "C/JI \ fl - I \ III " : ~ III " I I a " I I tEl ~ \ e '" '\ br_" C '...... li1 .", J'~...~ uJ:n..~..~~Vol] .,. ~.:.f.,.;;.-_.....n~. ...~...J3COF ~ eO .alll......... ~hOJl,Y(g me-H-v Notary Public for Idaho Residence: AcACt Ccuvdzl Jd~[/.( ) Commission Expires: ~ 1- 2J? -0 Z:\ W ork\M\Merid inl1\Meridiun 15360M\Resolutions City Hall\2002\CER TofCLKFacsimi leS ignuturesRES .doc CERTIFICA TE OF CLERK - FACSIMILE SIGNAURES PAGE 2 OF 2 CORPORATE RESOLUTIONS FOR USE OF FACSIMILE SIGNATURES I, ~ ft \, IU> 1__ _ ~a ,4l- W; II I'lt l1A C-. .Be~9secretary of ~ a-O ;11eV'Ic1: qL-., a corporation organized and existing under the law of the State of ::t::'dc-.h" do hereby certify that a meeting of the Board of Directors of said corporalion duly held on the day of I J:.o/' ,at which a quorum was present and acting throughout, the following resolutroRs were unanimously adopted and are now in full force and effect: and aJ.L the FURTHER RESOLVED, that this c assumes for the use of actual or purported facsimile signature (s) of any person or persons named in the foregoing resolution appearing on checks, drafts or payments made by said institution in reliance thereon, which payments may be charged to this corporation, regardless of by whom or by what means the actual or purported facsimile signature(s) are affixed, if they resemble the facsimile specimen(s) duly certified to or filed wi th Farmers & Merchants State Bank, by the Secretary or other officer of this corporation. I further certify that there is no prOVision in the Charter of By-Laws of said corporation limiting the power of the Board of Directors to pass the foregoing resolution and that the same is in conformity with said Charter and By-Laws. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of said corporation this day of , 19 Secretary (Seal) Attest by one other officer Notice: Prepare this form in duplicate. Forward the original copy to the Bank and retain the duplicate copy for your files, Also, complete all other forms furnished by the Bank (such as signature card, lease forms, etc.) and forward them to the Bank immediately I as they are absolutely necessary to carry out the directives of this authorization. interoffice MEMORANDUM - To: William G. Berg, Jr.j, \ Wm. F. NicholAI Resolution/Cetiificate of Clerk on Facsimile Signatures ECEIVED JUL 1 5 From: CITY OF MERIDIAN CITY CLERK OFFfCF Subject: Date: July 15, 2002 Will: Please find attached the originals of the Resolution and the Certificate of Clerk, in regards to the above matter. This item is now ready for City Council discussion and approval, and may be placed upon an upcoming Regular Agenda meeting. If you have any questions please advise. Z:\Work\M\Mcridiun\Meridiun 15360M\Rcsolulions City Hall\2002\BcrgFacsimilconSignuturcs07 I 502Mcll1o.doc BEFORE THE MERIDIAN CITY COUNCIL C/C 07/16/02 IN THE MATTER OF THE APPLICATION OF WILDWOOD DEVELOPMENT, ) LLC, FOR A ) FINAL PLAT FOR COOPER ) CANYON SUBDIVISION aka ) P ADDINGTON SUBDIVISION, ) IN AN R-40 ZONE, LOCATED ) ON EAST WILSON LANE ) EAST OF SOUTH LOCUST ) GROVE ROAD, SOUTH OF ) EAST FAIRVIEW AVENUE, ) MERIDIAN, IDAHO ) CASE NO. FP-02-005 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Meridian City Code S 12-3-7 on July 16, 2002, and the Council finding that the Administrative Review is complete which has included certain comments and conditions as stated in a letter to the Mayor and Council from David McKinnon Planner II for the Planning and Zoning Department, and Bruce Freckleton, Engineering Technician III, listing 6 General Comments and 15 Site Specific Comments, which are herein found fair and reasonable, and that Shari Stiles, Planning and Zoning Administrator, commented at the hearing, and the Council having considered the requirements of the preliminary plat the Council takes the following action: IT IS HEREBY ORDERED THAT: L The Final Plat of Cooper Canyon Subdivision aka Paddington Subdivision "PADDINGTON SUBDIVISION, A PARCEL OF LAND SITUATED IN THE NWl/4 OF SECTION 8, T.3N., R.IE., B.M., CITY OF MElUDIAN, ADA ORDER OF CONDITrONAL APPROVAL OF FINAL PLAT FOR COOPER CANYON SUBDIVISION I (FP-02-005) - 1 COUNTY, IDAHO, BEING A PORTION OF LOT 7 OF PLEASANT VALLEY SUBDIVISION. 2002, SHEET NO.1 OF 4, 1:\01067\Pit-Sht-02.dwg, HANDWRITTEN DATE: 5-2-02, TOOTHMAN-ORTON ENGINEERING COMPANY, It Wildwood Development, LLC, Developer, is Conditionally Approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Bruce Freckleton, Engineering Technician III, and David McKinnon Planner II for the Planning and Zoning Depaliment, dated July 11,2002, listing 6 General Comments and 15 Site Specific Comments, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of four pages, and by this reference incorporated herein, with the additional requirements as follows, to-wit: 1.1 The Meridian Fire Department requires the following: 1. That a fire-flow of 1,000 gallons per minute shall be for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apati. 2. Operational fire hydrants and temporary or pern1anent street signs are required before combustible constmction begins. 3. Acceptance of the water supply for fire protection shall be by the Meridian Water Department 4. Final approval of the fire hydrant locations shall be by the Fire Department 5. All internal roads shall have a minimum radius of28' inside and 48' outside radius. 6. The roadways shall be built to Ada County Highway Standards. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR COOPER CANYON SUBDIVISION / (FP-02-00S) - 2 7. An approved tempormy turn-around is required for any dead-ends over 150'. 8. The project shall be required to have an approved means of accessing a public road. 9. Approved fire depmtment access road shall be provided for all buildings or pOltions of buildings to within 150' of any point on the exterior wall of the first stOlY. Exception: The exception to this requirement is if the building is provided with an approved fire sprinkler system. 1.2 The Nampa & Meridian Irrigation District requires a License Agreement for final approval. Since the City of Meridian will be obtaining a portion of the pathway the City shall contact the District's attorney, Mr. Bryce Farris at 342-4591, and ask that a License Agreement be prepared for the pathway on the District's facility. If a pressure urban ilTigation system is to be owned, operated and maintained by the Irrigation District, contact the District concerning the installation of the pressure system. Fill out a questionnaire and return to initiate the process of contractual agreements between the owner or developer and the District for the ownership, operation and maintenance of the pressure urban irrigation system. 1.3 The Water Department makes notation that the City water main that is in Wilson Lane can supply water to the project. 1.4 The Central District Health Department requires after written approval from the appropriate entities are submitted, they can approve this proposal for central sewage and central water; that plans must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environmental Quality for central sewage and central water; that run-off is not to create a mosquito breeding problem; and it is suggested that stormwater be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality; that engineers and architects should obtain current best management practices for stormwater disposal and design a storm water management system that is preventing groundwater and surface water degradation. Manuals for guidance: ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR COOPER CANYON SUBDIVISION I (FP-02-005) - 3 1.4.1 State of Idaho Catalog Of Stomlwater Best Management Practices For Idaho Cities And Counties. Prepared by the Idaho Division Of Environmental Quality, July 1997. 1.4.2 Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Depatiment, May 2000. 2. The final plat upon which there is contained the Certification and signahlre of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 1. The Plat dimensions are approved by the City Engineer; and 2. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on-site improvements. By action of the City Council at its regu lar meeting held on July 16, 2002. T . CORRIE r, City of Meridian BJ~,4~9- City Clerk Copy served upon Applicant, the Planning and Zoning Department, Public Wor~,I\).~plflrJ:ment, . ,,\ I" and CIty Attorney. \,,\,\ Of Mf:.Fl1I:t"".- ....' ~ '4. 'l ;' () cpf\POR/j ~ '1-- ~ Dated: 1-/ b--tJ 2-- f ~ 0 \ Z:\Work\M\Meridian\Meridian 1 5360M\Coopcr Canyon Sub FP-02.005\OrdcrFP.doc ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR COOPER CANYON SUBDIVISION I (FP-02-005) - 4 b,lAYOR Robert D. Conie HUB OF TREASURE VALLEY A Good Place to Live LEGAL DEPARThfENT (208) 288-24-9~ Fax 288-2501 CITY COUNCIL MEMBERS T:muny deWeerd Keith Bird Cherie McCandless WilliamL.M. Nary CITY OF MERIDIAN 33 EAST IDAHO MERlDLt\L'l, IDAHO 83642 (208) 888.H33. FA." (208) 837-4813 City Cletk Office Fa." (208) 888-4213 PUBLIC WORKS BUJLDING DEPARThfENT (208) 887-2211. Fa." 887-1297 PLWNIN"G AND ZONING DEP ARThIENT (203) 884-5533. F.-\..."{ 888-6854 MEMORANDUM: July 11, 2002 To: Mayor, City Council and Planning & Zoning Commission David McKinnon, Planner II ~ ~ Bruce Freckleton, Senior Engmeering Tech ~ R~CEIVED From: ;!" i I ?f:"uO -- ~- ,- - I ......... l... Re: Cooper Canyon (A.K.A. Paddington Subdivision) CITY OF fvlERIDIAN CITY CLERK OFFfCF . Request for Final Plat Approval of 22 Building Lots and 2 "Other" Lots on 5.81 Acres in an R-40 Zone, on East Wilson Lane, east of South Locust Grove, and south of E. Fairview Avenue, by Wildwood Development, LLC (File No. FP-02-005). We have reviewed the above referenced submittals and offer the following comments, as conditions of approval. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICA TION SUMMARY The applicant, Wildwood Development, LLC, has applied for fmal Plat approval of twenty-two (22) four-plex building lots (88 total units) and (1) "other') lot on a 5.81-acre parcel ofland. The gross density of the project is just over 15 units/acre. The zoning designation for the property is R-40. This final plat, when recorded, will split the property into 22 building lots and two "other" lots (one for the parking area & landscape buffers and one for the storm detention area). Frontage for the proposed building lots ranges from 63 feet to 66 feet. Lot depth ranges from 73 feet to 85 feet. Lot area ranges from 4,370 to 5,525. The R-40 zone does not have minimum lot size or frontage standards. LOCA TION The property is located on the south side of Wilson Lane, east of Locust Grove Road and south ofFairview Av~nue. SURROUNDING PROPERTIES North: Econo-Lube and Schucks Auto Supply, zoned C-G. South: Vacant, zoned RUT (County). East: Butte Fence Company and Aire Manufacturing, zoned I-L. FP 02-005 E~;ba eo,qt4 J '=/ Cooper Canyon FP.d"" Planning & Zoning Comrr&.nlMayor & City Council July 11, 2002 Page 2 West: Proposed Fountain Park Apartments, currently zoned RUT, proposed zone R-15. SITE SPECIFIC COMMENTS (Final Plat) 1. Sanitary sewer and water service to this site shall be via new main extensions from the existing mains adjacent to the property. Applicant shall be required to abandon the existing sewer and water stubs, as they are unusable with the project configuration. 2. Provide underground pressurized irrigation to all landscape areas on site. If the system is being proposed as a private system, plans and specifications for the irrigation system shall be reviewed by the Public Works Department as part of the development plan review process, and a draft copy of the pressurized irrigation system O&M manual must be submitted prior to plan approvaL 3. Please add the following notes to the face of the plat: 1. Lot 4, Block 1, shall be common area for the purpose of landscaping, ingress/egress, and shall be owned and maintained by the Paddington Subdivision Homeowner's Association. - 2. The owner of each lot, across which passes an irrigation/drainage ditch or pipe, is responsible for the maintenance thereof, unless such responsibility has been assumed by an irrigation/drainage district. 3. Building setbacks and dimensional standards in this subdivision shall conform to the applicable zoning regulations of the City of Meridian, or as specifically approved by CUP 02-002. 4. Any re-subdivision of this plat shall comply with the applicable zoning regulations in effect at the time of re-subdivision. 5. This subdivision is subject to compliance with Idaho Code 31-3805, concerning irrigation water. 6. The bottom elevation of building footings shall be set a minimum of 12-inches above highest known normal groundwater elevation. 7. This development recognizes the right to farm act, Idaho Code 22-4503. 4. Install all required street buffer and open space landscaping, in addition to the pathway adjacent to the Jackson Drain and play equipment located on Lot 1, prior to the issuance of a Certificate of Occupancy for any building, on any lot created by the subdivision. 5. Applicant is to meet all terms of the approved preliminary plat (File No. PP 02-001), conditional use permit (File No. CUP 02-002) and the recorded development agreement. 6. Install temporary fencing prior to construction of any building within the subdivision if permanent fencing is not installed prior to construction. Permanent fencing shall be installed prior to issuance of a Certificate of Occupancy for any building within the subdivision. FP 02-005 E~;bfl leA" Ol 'I Coopa- Canyon FP.doc Planning & Zoning COJ11l". .ionIMayor & City Council July 11, 2002 Page 3 7. Submit compaction test results to the Meridian Building Department for all building pads within lots receiving engineered backfill. 8. Design drainage areas to ensure that water is retained only during 100-year storm events, and for a period of time not to exceed 24 hours. Side slopes within drainage areas shall not exceed 3: 1. 9. Construct the micro-path on Lot 4 with a hard surface such as concrete or aspha~t. 10. Construct the pathway construction adjacent to the Jackson Drain in coordination with the City of Meridian Parks Director, Tom Kuntz, to match the pathway being constructed as part of Elliot Industrial Park that will eventually connect through Fountain Park to Locust Grove Apartments and beyond. 11. Label the "Real Point of Beginning" as stated in the Certificate of Owners. 12. Revise the distance along the east boundary to 965.77' on sheets 1 and 3 of the plat map 13. The sum of the segment distance dimensions shown along the east boundary don't equal the overall boundary distance shown. Please revise or clarifY. 14. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as detennined during the plan review process, prior to signature on the final plat per Resolution 02-374. 15. Street signs are to be in place, water system shall be approved and activated, pressurized irrigation system approved and activated, drainage lots constructed, fencing installed, and road base approved by the Ada County Highway District prior to applying for building permits. All development improvements shall be installed and approved prior to obtaining certificates of occupancy. A letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the fmal plat. GENERAL COMMENTS (preliminary plat) 1. Submit a copy of the Ada County Street Name Conunittees fmal approval letter for the subdivision name, and the lot and block numbering. Make any corrections necessary to conform. 2. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 3. Submit a letter of credit or cash surety in the amount of 110% for all fencing, landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the fInal plat. 4. Install, at subdivider's expense, 250- and 100-watt, high-pressure sodium streetlights at PI' 1ll.005 E.Ut;b~i "pt "of t/ CoopcrCanyon FP.do<: / Planning & Zoning Comm' 'onlMayor & City Council July 11,2002 Page 4 locations designated by the Public Works Department prior to applying for building permits. 5. Tile all irrigation ditches, laterals or canals, exclusive of natural waterways (with the exception of the Jackson Drain), intersecting, crossing or lying adjacent and contiguous to the area being subdivided. shall be tiled per City Ordinance 12-4-13. The ditches to be piped should be shown on the site plans. Submit written confirmation of site plan approval from the appropriate irrigation/drainage district or lateral users association to the Public Works Department. 6. Remove any existing domestic wells and/or septic systems within this project from their domestic service per City Ordinance Sections 9-1-4 and 9-4-8. (Wells may be used for non-domestic purposes such as landscape irrigation.) RECOMMENDATION Staffrecommends approval ofthe Applicant's request for approval of the Paddington Subdivision final plat 'With the above requirements and all agency conditions. FP 02.005 Exit; b;rc A" &I '-I CooperConyon FP"""" BEFORE THE MERIDIAN CITY COUNCIL C/C 07/16/02 IN THE MATTER OF THE ) APPLICATION OF WARDLE & ) ASSOCIA TES, FOR A ) FINAL PLAT FOR BERKELEY ) SQUARE SUBDIVISION, IN AN ) R-8 ZONE, LOCATED AT 1025 ) NORTH TEN MILE ROAD, ) MERIDIAN, IDAHO ) ) CASE NO. FP-02-012 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Meridian City Code S 12-3-7 on July 16, 2002, and the Council finding that the Administrative Review is complete which has included certain comments and conditions as stated in a letter to the Mayor and Council from David McKinnon Planner II for the Planning and Zoning Department, and Bruce Freckleton, Engineering Technician III, listing 5 General Requirements and 12 Site Specific Requirements, which are herein found fair and reasonable, and that Shari Stiles, Planning and Zoning Administrator, Brad Watson, and John Wardle, commented at the hearing, and the Council having considered the requirements of the preliminary plat the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of "BERKELEY SQUARE SUBDIVISION, A PLANNED UNIT DEVELOPMENT, A PARCEL OF LAND LOCATED IN A PORTION OF THE NORTH Yz SE Y4 NE Y4, SEe. 10, T. 3N., R. lW., B.M., MERIDIAN, ADA ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BERKELEY SQUARE SUBDIVISION ( (FP-02-012) - 1 COUNTY, IDAHO 2002, SHEET 1 OF 2, MR0702002.dwg 3/36/02, HANDWRITTEN DATE: 6/3/02, EARL & ASSOCIATES, INC.", Wardle & Associates, Developer, is Conditionally Approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Bruce Freckleton, Engineering Technician III, and David McKinnon Planner II for the Planning and Zoning Department, dated July 10,2002, listing 5 General Requirements and 12 Site Specific Requirements, a true and conect copy of which is attached hereto marked Exhibit "A", and consisting of three pages, and by this reference incorporated herein, with the additional requirements as follows, to-wit: 1.1 At the Council's July 16,2002 meeting action was taken to amend staff comment to Site Specific number 11 as follows: SITE SPECIFIC REQUIREMENTS/FINAL PLAT 11. The applicant has submitted a letter from the Nampa & Meridian Irrigation District supporting the lack of available water for a pressurized irrigation system. Staff is satisfied that surface water is not a viable option for supplying an inigation system within this development, therefore a waiver of the requirement for a pressurized irrigation system is justified. Since this development will be utilizing water from the city's domestic water system for inigation, this development will be subject to well development fees of $5,250.00. Payment of the well development fee shall be required prior to signature on the final plat. (35 Building Lots X FY02 Fee $150.00 = $5,250.00, since common lots are served from a private domestic well, the common area is not assessed the well development fee) ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BERKELEY SQUARE SUBDIVISION / (FP-02-0 l2) - 2 1.2 The Meridian Fire Department requires the following: 1. That a fire-flow of 1,000 gallons per minute shall be available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 2. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 3. Acceptance of the water supply for fire protection shall be by the Meridian Water Department. 4. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. 5. All access roads radii shall be 28' inside and 48' outside radius, this includes the entry off ofTen Mile Road, and the entry into each private common drive. 6. Insure that all yet undeveloped parcels are maintained free of combustible vegetation per section 1103.2.4 of the Unifoml Fire Code. 7. The roadways shall be built to Ada County Highway Standards. 8. The units will be individually addressed with 6" numbers. 9. The 20' private common drive shall be posted "No Parking Fire Lane". 10. Provide a fire hydrant at the corner ofTen Mile and W. Ware Dr. 11. Post the end of W. Ware Dr. "No Parking Fire Lane". 12. Increase the street width ofW. Ware to 37'. 1.2 The Nampa & Meridian Irrigation District requires a Land Use Change/Site application be filed. All laterals and waste ways shall be protected and all municipal surface drainage shall be retained ORDER OF CONDITrONAL APPROVAL OF FINAL PLAT FOR BERKELEY SQUARE SUBDIVISION ( (FP-02-012) - 3 on site. If any surface drainage leaves the site, the District shall review drainage plans. The developer shall comply with Idaho Code S31-380S. 1.3 The Water Depariment makes notation that the City can supply the project with adequate water flows. 1.4 The Central District Health Department requires after written approval from the appropriate entities are submitted, they can approve this proposal for central sewage and central water; that plans must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environmental Quality for central sewage and central water; that run-off is not to create a mosquito breeding problem; and it is suggested that stormwater be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality; that engineers and architects should obtain cmTent best management practices for stonnwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals for guidance: 1.4.1 State ofIdaho Catalog Of Stormwater Best Management Practices For Idaho Cities And Counties. Prepared by the Idaho Division Of Environmental Quality, July 1997. 1.4.2 Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, May 2000. 2. The final plat upon which there is contained the Certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City=s requirements shall be signed only at such time as: 1. The Plat dimensions are approved by the City Engineer; and 2. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BERKELEY SQUARE SUBDIVISION ( (FP-02-012) - 4 guaranteeing the completion of off-site and required on-site improvements. By action of the City Council at its regular meeting held on July 16, 2002. By: RT D. CORRIE Mayor, City of Meridian Copy served upon Applicant, the Planning and Zoning Department, Public Wor~\f)~gMY{f{l:l'J1l,t7 d C. A \,\,\, _I O~ Pjjf!f(//.., III an Ity ttomey. "" ~ '" vl.1 11.-".. ~' () ""PO;:;.. 1.- ~ ~ ~ (P' ''''l~ -::.. ~ ~ 0 ~ B.. !z-:4/Jc.-? 9- Dated ?~/b -02- f ~ ity Clerk Z:\Work\M\Mcridian\Mcridian I 5360M\Coopcr Canyon Sub FP-02-005\OrdcrFP.doc ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BERKELEY SQUARE SUBDIVISION J (FP-02-012) - 5 ~Lo\ YOR Robert O. Corrie HUB OF TREASURE VALLEY A Good Place to Live LEGAL OEPARThlENT (20g} 288-2499 . Fax 288-2501 CITY COUNCIL lvlEMBERS Tammy deWeerd Keith Bird Cherie McC:mdlcss William L.M. Nmy CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 88S-+G3 . FA...\: (208) 887-4813 City Clerk Ollice Fax (208) 888-4218 PUBLIC WORKS BUILDING OEP ARTlvlE1\iT (208) 898-5500' Fax 887-[:297 PLAi'1NlNG ...Iu'lD ZONING DEPARTMENT (208) 884-5533, FA...'\( 888-6854 MEMORANDUM: July 10, 2002 To: Mayor, City COllilcil and Planning & Zoning Commission David McKinnon, Planner II NA cd Bruce Freckleton, Senior Engineering Tech ~ l~ECEIVED From: ~.. ~ cf '~rr:'7 . ::...,-..:\...,L Re: CITY OF tv1ERlDlAN (XrV C:_ERK OFFlrF · Request for Final Plat Approval of Thirty-Five (35) Building Lots and Eight (8) Other Lots on 4.67 Acres in an R-8 Zone, Located at 1025 N. Ten Mile Road, by Wardle and Associates (File No. FP-02-012). Berkley Square We have reviewed the above-referenced submittal and offer the following comments, as conditions of approval. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICA TION SUMMARY The Applicant(s), Wardle and Associates, have requested final plat approval of the Berkley Square Subdivision located on Ten Mile Road. The project was approved as a Planned Development with reduced side yard setbacks (5'), reduced lot sizes (3,464 square foot lot) shared driveways (via flag lots with a perpetual cross access agreement) and a micro-path connection to Chaparral Elementary School. The applicant has submitted a landscape plan and fencing plan as required by the preliminary plat findings. The submitted plat and landscaping/fencing plan are in compliance with the approved preliminary plat fmdings; the development agreement and the approved conditional use permit. Staff's failure to cite specific ordinance provisions or terms of the approved preliminary plat does not relieve Applicant of responsibility for compliance. LOCA TION The property is located on the west side ofTen Mile Road, between Cherry Lane and Pine Ave. SURROUNDING PROPERTIES North: Rural residence, zoned R-4 and further north is Parkside Creek Subdivisio~ zoned R-4 South: Rural, zoned RUT (COllilty). Southeast is the parcel for the approved Valeri Heights Apartments, zoned R-lS. East: Thunder Creek Subdivision, zoned R-4. FP -C,l-OI2 E'J.It; b;4" U I 3 lkrkloy Square. FP Planning & Zoning Comri .ion/Mayor & City Council July 10, 2002 Page 2 West: Chaparral Elementary Schoo~ zoned R-4. SITE SPECIFIC REQUIREMENTSIFINAL PLAT 1. Applicant is to meet all terms of the approved preliminary plat and development agreement. 2. Submit compaction test results to the Meridian Building Department for all building pads within lots receiving engineered backfill. 3. Design drainage areas to ensure that water is retained only during 25-year storm events, and for a period of time not to exceed 24 hours. Side slopes within drainage areas shall not exceed 3:1. 4. Street signs are to be in place, water system shall be approved and activated, pressurized irrigation system approved and activated, drainage lots constructed, perimeter fencing installed, and road base approved by the Ada County Highway District prior to applying for building permits. All development improvements shall be installed and approved prior to obtaining certificates of occupancy. A letter of credit or cash surety in the amount of 110% will be required for all fencing, pathways, landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 5. Construct the water lines to and through this proposed development. Coordinate main sizing and routing with the Public Works Department. 6. Submit a signed, stamped statement from a professional engineer certifying that all street fmish centerline elevations are set a minimum of three feet above the highest established normal groundwater elevation. 7. Provide sidewalks with a clear five-foot-wide walkway pathway without encroachment of mailbox structures. 8. Submit copies of proposed restrictive covenants for review by the City Attorney's office. 9. Please add or revise the following plat notes: (12.) Fencing adjacent to Lot II, Block 2 shall be restricted to four feet in height. 10. Add the "formerly" bearing reference to the 3rd. from the last line of the legal description of the Certificate of Owners. 1 L The applicant has submitted a letter from the Nampa & Meridian Irrigation District supporting the lack of available water for a pressurized irrigation system. Staff is satisfied that surface water is not a viable option for supplying an irrigation system within this development, therefore we would support a waiver of the requirement for a pressurized irrigation system. Since this development will be utilizing water from the city's domestic water system for irrigation, this development will be subject a well development fees of FP -02.011 e ; b,-+ ,e u<<. Bo<klcy Square FP 3 Planning & Zoning Com.. Jsion/Mayor & City Council July 10, 2002 Page 3 . As per .mSJ,J03. Payment ?f.the well deve~opment fee shall be required prior to signature on theOrd.el ~~:n~~='.\r::-~ i~~';~~~ i;~~~~~ i~:I~.:L:~~~~[;TA!;i;::::j8~;j:J~J~JDY;;i5~orCord~tf;OM R-fflrov~\ 0 - 12. Applicant shall be required to pay Public Works development plan review, and construction Fpa.-~. inspection fees, as determined during the plan review process, prior to signature on the fmal Lev. plat per Resolution 02-374. GENERAL REQUIREMENTS 1. Tile all irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided per City Ordinance 12-4-13. Submit written confirmation of plan approval from the appropriate irrigation/drainage district, or lateral users association to the Public Works Department. 2. Remove any existing domestic wells and/or septic systems within this project from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. (Wells may be used for non-domestic purposes such as landscape irrigation.) 3. Install 250-watt and IOO-watt, high-pressure sodium streetlights at locations designated by the Public Works Department. Street light contractor shall obtain an approved design and permit from the Public Works Department prior to commencing installations. ~. Replace any tree over four (4) inch caliper that is removed from the property with an equivalent number of caliper inches of trees. (Required landscape buffer trees will not be considered as replacement trees for those trees that have to be removed.) ~ Coordinate with the Meridian Public Works Department and the Meridian CitylRural Fire Department to determine fire flow requirements and availability. Provide a letter from the Fire Department stating required fire flow requirements prior to fInal plat approval. RECOMMENDA TION Staff recommends approval of the final plat, with the above stated comments and conditions. FP-02-011 &k;bil' 'B 3 or s Berkley Square FP BEFORE THE MERIDIAN CITY COUNCIL C/C 07/16/02 IN THE MATTER OF THE ) APPLICA TION OF SKYLINE ) DEVELOPMENT COMPANY, ) FOR A FINAL PLAT FOR ) VIENNA WOODS ) SUBDIVISION NO.6, IN AN R-4 ) ZONE, LOCATED EAST OF ) NORTH LOCUST GROVE ) ROAD, NORTH OF EAST ) McMILLAN ROAD, ) MERIDIAN, IDAHO ) CASE NO. FP-02-013 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Meridian City Code S 12-3-7 on July 16, 2002, and the Council finding that the Administrative Review is complete which has included certain comments and conditions as stated in a letter to the Mayor and Council from David McKinnon Planner II for the Planning and Zoning Department, and Bruce Freckleton, Engineering Technician III, listing 6 General Requirements and 8 Site Specific Requirements, which are herein found fair and reasonable, and tbat Shari Stiles, Planning and Zoning Administrator, and Tucker Johnson, commented at the hearing, and the Council baving considered the requirements of the preliminary plat the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of "PLAT SHOWING VIENNA WOODS SUBDIVISION NO.6, A SKYLINE DEVELOPMENT COMPANY DEVELOPMENT, LOCATED IN THE N 12 OF THE SW 'l4 OF SECTION 29, TOWNSHIP 4 NORTH, RANGE 1 ORDER OF CONDITIONAL APPROVAL OF FrNAL PLAT FOR VIENNA WOODS SUBDIVISION NO.6 J (FP-02-013) - 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO. 2002, HANDWRITTEN DATE: 5/22/02, SHEET 1 OF 2, CIVIL SURVEY CONSULTANTS, INCORPORATED", Skyline Development Company, Developer, is Conditionally Approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Bmce Freckleton, Engineering Technician III, and David McKinnon Planner II for the Planning and Zoning Department, dated July 11, 2002, listing 6 General Requirements and 8 Site Specific Requirements, a true and COlTect copy of which is attached hereto marked Exhibit "A", and consisting of two pages, and by this reference incorporated herein, with the additional requirements as follows, to-wit: 1.] At the Council's July 16,2002 meeting action was taken to amend staff comment to Site Specific numbers 1, 3 and 5 as follows: SITE SPECIFIC REQUIREMENTS/FINAL PLAT 1. Applicant is to meet all terms of the approved preliminary plat and applicable City Ordinances. 3. Street signs are to be in place, water system shall be approved and activated, pressurized irrigation system approved and activated, drainage lots constructed, fencing installed, and road base approved by the Ada County Highway District prior to any water or sewer fees being accepted. Landscaping and pathways shall be constructed prior to obtaining certificates of occupancy. Although building permits will be issued by Ada County, these elements shall still be met as a condition of approval of the final plat. 5. Revise or add the following notes for Vienna Woods Subdivision: (S.)Complete the missing recording information. (7.)Complete the missing recording information. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR VIENNA WOODS SUBDIVISION NO.6 ( (FP-02-013) " 2 1.2 The Meridian Fire Department requires the following: 1. That a fire-flow of 1,000 gallons per minute shall be available for duration of2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 2. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 3. Acceptance of the water supply for fire protection shall be by the Meridian Water Department. 4. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. S. All radii shall be 28' inside and 48' outside radius. 6. All cul-de-sacs to be a 50' radius. 7. Insure that all yet undeveloped parcels are maintained free of combustible vegetation per section 1103.2.4 of the Uniform Fire Code. 8. The roadways shall be built to Ada County Highway Standards. 1.3 The Water Department makes notation that the City can provide service to this phase of Vienna Woods. 1.4 The Central District Health Depariment requires after written approval from the appropriate entities are submitted, they can approve this proposal for central sewage and central water; that plans must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environmental Quality for central sewage and central water; that nm-off is not to create a mosquito breeding problem; and it is suggested that stonnwater be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality; that engineers and architects should obtain cmTent best management practices for storm water disposal and design a ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR VIENNA WOODS SUBDIVISION NO.6 ( (FP-02-013) - 3 stom1water management system that is preventing groundwater and surface water degradation. Manuals for guidance: 1.4.1 State of Idaho Catalog Of Stormwater Best Management Practices For Idaho Cities And Counties. Prepared by the Idaho Division Of Environmental Quality, July 1997. 1.4.2 Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, May 2000. 2. The final plat upon which there is contained the Celtification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: I. The Plat dimensions are approved by the City Engineer; and 2. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on-site improvements. By action of the City Council at its regular meeting held on July 16,2002. By: B T D. CORRIE Mayor, City of Meridian Bk~~~ City Clerk ' Copy served upon Applicant, the Planning and Zoning Department, Public Works Denartment, \' \ \ lJ I fl'TlI 1111 and City Attorney. ",\\\\ Of MEt:'> I11111 ", ::<,,'4. 'liD.!. /1,1 ;j''' c) c,o~OR.q t:. :.<J1,- \. Dated: 7-/6- tJ 2-- f ~ ('0 % Z:\Work\M\Mcridian\Mcridian ] 5360M\Vienna Woods Sub FP-02-013\OrderFP.doc ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR VIENNA WOODS SUBDIVISION NO.6 J (FP-02-013) - 4 MAYOR Robert D. Corrie HUB OF TRE>1SURE VALLEY A Good Place to Live LEGAL DEPARThIENT (208) 288-2499 . Fax 288-2501 CITY COUNCIL ~tElvrBERS Tammy deWrerd Keith Bird Cherie llilcCandlcss WiIIi.lm L.M. Nary CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 . F A..X (208) 887 -4813 PLANNING Ai'JD ZONlNG City Clerk Office fa)( (208) 888-4218 DEP ARThIENT (208) 884-5533 . F A.X 888.-6854 RECEIVED PUBLIC WORKS BUILDING DEPARTlvlENT (208) 898-5500 . Fax 887-t2n MEMORANDUM: ~U~ 1 12002 CITY OF MERIDIAN To: Mayor & City Council CITY CLER!< OFr::rri= From: Bruce Freckleto~ Assistant to City Engineer ~ David McKinnon, Planner II 'bJA Re: Request for Final Plat for VIenna Woods Subdivision No.6 Building Lots on 10.29 Acres by Skyline Development Company July 11,2002 - 27 Single-family This final plat is a portion ofthe 80-acre Vienna Woods development located within Ada County. As part of the City's negotiations with Ada County over the Meridian Impact Area, the Meridian City Council agreed to provide services to this property. The applicant has built a lift station and approximately one mile oftemporary sewer line in Locust Grove to connect to the City's sewer system near Summerfield Subdivision. LOCATION The property is generally located on the east side of Locust Grove Road approximately one-half mile north of McMillan Road. It is designated as Single-family Residential in the Comprehensive Plan. 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 Meridian City Council: SITE SPECIFIC REQUIREMENTS (L~ li~l-e. 1. Applicant is to meet all terms ofthe approved preliminary plat anaiCi~ Ordinances. 2. lfthe pressurized irrigation system within this development is to remain a private homeowners association system, complete plans and specifications shall be reviewed by the Public Works Department as part of the development plan review process. A draft copy of the pressurized irrigation system O&M manual must be submitted prior to plan approval. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a creek or well source is not available. a single-point connection to the culinary water system shall be required. and the common areas within the development will be a subject to water assessments. 3. Street signs are to be in place, water system shall be approved and activated. pressurized irrigation system approved and activated. drainage lots constructed, fencing installed, and road base approved by the Ada County Highway District prior to any building p.ermits being).,ssued.l.. ' ^ wcder Qrli~~trs silli.~~~p e,,~ f1-.~ FP-02...Q13 aee-ef1e(.~ : 1,;4" ., I ! ' July 11, 2002 Page 2 Landscaping and pathways shall be constructed prior to obtaining certificates of occupancy. Although building permits will be issued by Ada County, these elements shall still be met as a condition of approval of the final plat. 4. Applicant shall be responsible to construct a six-foot-high, permanent perimeter fence along property boundary, 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. S. Revise or add the following notes for Vienna Woods Subdivision: (2.). .,....,singk-famil3"--awe.llffigs-e-my. Mmimum :squa:rc footage of houscs is 1,4ee-squarc fcetl exclusive Qt gamge. (5.)Complete the missing recording information. (7.)Complete the missing recording information. 6. Application for sewer and water will need to be processed through the Public Works Department for each building lot. Assessment fees will be collected at that time. The City of Meridian will require inspections of service line connections. 7. Add each segment width dimension to the west end of the E. Mozart Street right-of-way. 8. Complete the recording information for Vienna Woods Subdivision No. 5 in the legal description of the Certificate of Owners. GENERAL REQUIREMENTS 1. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance. Wells may be used for non-domestic purposes such as landscape irrigation. .2. Provide five-foot-wide sidewalks in accordance with City Ordinance Section 12-S-2.K. 3. Provide a copy of the "[mal" letter from the Ada County Street Name Committee, and make any changes necessary to conform. 4. . Coordinate fire hydrant placement with the City of Meridian Public Works Department. 5. Sewer and water mains shall be extended to and through the proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of centerline. 6. One-hundred-watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installeq at subdividerts expense. Typical locations are at street intersections and/or fire hydrants. FP-Q2-Q13 Of It d.. Or ~ VI,_ Wood, S,b. 6... BEFORE THE MERIDIAN CITY COUNCIL C/C 07/16/02 IN THE MATTER OF THE ) APPLICATION OF BRIGHTON ) CORPORA TION, FOR A FINAL ) PLAT FOR HERITAGE ) COMMONS SUBDIVISION, IN ) AN R-8 ZONE, LOCATED ) WEST OF NORTH LOCUST ) GROVE ROAD, SOUTH OF ) EAST McMILLAN ROAD, ) MERIDIAN, IDAHO ) CASE NO. FP-02-014 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Meridian City Code S 12-3-7 on July 16, 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 Brad Hawkins-Clark Planner for the Planning and Zoning Department, and Bruce Freckleton, Engineering Technician III, listing 9 General Requirements and 28 Site Specific Requirements, which are herein found fair and reasonable, and that Shari Stiles, Planning and Zoning Administrator, John Wardle, and David Turnbull, commented at the hearing, and the Council having considered the requirements of the preliminary plat the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of "SITE PLAN LAYOUT, HERITAGE COMMONS, JOB NO. 01-045-01, SHEET NO.1, ENGINEERING NORTHWEST, LLC, J:\HERIT AGE COMMONS 1 01 04S00\DRA WINGS\HERIT AGE SITEPLAN. -- ................ - dwg 7/1612002", Brighton Corporation, Developer, is Conditionally Approved ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR HERITAGE COMMONS SUBDIVISION / (FP-02-014) - I subject to those conditions of Staff comments as set fOlih 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 July 11, 2002, listing 9 General Requirements and 28 Site Specific Requirements, a true and COlTect copy of which is 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 At the Council's July 16,2002 meeting action was taken to amend staff comments to Site Specific numbers 6, 7, 8, 12, and 13 and General Requirements 3, as follows: SITE SPECIFIC REQUIREMENTS 6. Deleted. 7. Deleted. 8. Deleted. 12. Applicant shall work with City Staff to devise a plan to contain construction debris. Said plan shall be implemented per staff approval prior to the issuance of any building permits. 13. The Planting Plan (Sheets L-1.1 thru 1.4, dated 6/5/02 by Jensen Belts) is approved as submitted. All landscaping must be installed prior to the issuance of a Celiificate of Occupancy for any building within the subdivision. A letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the Final Plat. In the event of weather restriction, the applicant shall be allowed to bond for all required common area improvements, including landscaping, the community center and gazebo, prior to ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR HERITAGE COMMONS SUBDIVISION J (FP-02-014) - 2 final occupancy of any unit. In any case, improvements shall be made as weather permits. 18. The public record needs to be corrected to show that page 1 of the Final Plat Application (item #5) that the net density for Quenzer Commons No.1 aka Heritage Commons is 5.83 d.u. I acre. GENERAL REQUIREMENTS: 3. Two-hundred-fifty- and 100-watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typicallocations are at street intersections and/or fire hydrants. Final design locations and quanity are determined after power designs are completed by Idaho Power Company. Street light contractor to obtain design and permit ti"om the Public Works Department prior commencing installations. Applicant is allowed the ability to install some historic streetlight fixtures. Ifhistoric streetlights are installed, a Streetlight Agreement shall be entered into with the City of Meridian. 1.2 The Meridian Fire Department requires the following: 1. One and two family dwellings shall require a fire-flow of 1,000 gallons per minute be available for a duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 2. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 3. Acceptance of the water supply for fire protection shall be by the Meridian Water Depal1ment. 4. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. S. All radii shall be 28' inside and 48' outside radius for all internal roads. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR HERITAGE COMMONS SUBDIVISION J (FP-02-014) - 3 6. Insure that all yet undeveloped parcels are maintained free of combustible vegetation per section 1103.2.4 of the Uniform Fire Code. 7. The roadways shall be built to Ada County Highway Standards with a minimum clear street width of 20' . 8. The phasing plan may require that any roadways greater than 150' in length that is not provided with an outlet shall be required to have a turn around. 9. The Meridian would suppoli the strict application of the Uniform Building Code for sideyard setbacks in Blocks 6,7,8,9 with no variance. This would limit the potential fire spread from building to building in those blocks. 10. The alleys in Blocks 7,8,11,12 have signed on each end stating "Fire Lane No Parking". 1.3 The Water Department makes notation that the City can provide water service to the project via a 12' main in North Locust Grove. 1.4 The Central District Health Department requires after written approval from the appropriate entities are submitted, they can approve this proposal for central sewage and central water; that plans must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environmental Quality for central sewage and central water; that run-off is not to create a mosquito breeding problem; and it is suggested that stormwater be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality; that engineers and architects should obtain current best management practices for stormwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals for guidance: 1.4.1 State of Idaho Catalog Of Stormwater Best Management Practices For Idaho Cities And Counties. Prepared by the Idaho Division Of Environmental Quality, July 1997. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR HERITAGE COMMONS SUBDIVISION I (FP-02-014) - 4 1.4.2 Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Depmiment, May 2000. 1.5 The Settler's Irrigation District notes that the Perkins Nourse Lateral carries drainage water through Heritage Commons Subdivision which will reach flows of 680 Miner's inches. A 30' easement is required, which the District shall prepare and record after execution. No construction is to take place until the agreement is in place. 2. The final plat upon which there is contained the Certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 1. The Plat dimensions are approved by the City Engineer; and 2. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on-site improvements. By action of the City Council at its regular meetin By: RO RT D. CORRIE Mayor, City of Meridian By~~PI5e-, if. Dated: 7- City Clerk Copy served upon Applicant, the Planning and Zoning Department, Public Works Deoartment, . A \\\11i 1111 111/,/ and City ttomey. ,\\\\ Or: ~JiZ:-", 'f'l ,"'..J. r ''-;l!i'l~ /1,,/ " ~ - "'1'...,. /. ~' () opol'" -'IA - <~ ~ CP" '-"'I r(. 'Y ~ (J 2- 2 ~ '0 ~ - ~ ' - ~ Z:\Work\M\Mcridian\Meridiall I 5360M\Hcritagc Commons Sub FP-02-014\OrdcrFP.doc SEAL - -"Y'(.; fJ::: ~ -0 Qv ....C!i 0 ::: ~ '6 ;Sr lS1 . ,<~.$ '/"''' ;,.y C \'\) ~ ".:e:- II1I1 OUl\fT'{. \\"" III ~\\\ IIII/I<,I(U\\\ ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BERIT AGE COMMONS SUBDIVISION J (FP-02-0 14) - 5 MAYOR Rob...-rt D. Corrie HUB OF TRE4.SURE VALLEY A Good Place to Live LEGAL DEPARThIENT (208) 288-2499 . Fax 288-250 I CITY COUNCIL wrElvlBERS William LM. Nary Keith Bird Tammy deWcerd Cherie ~r.:Candless CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 . F A.'{ (208) 887-4& 13 City Clerk Omce Fax (208) 888-4218 PUBLIC WORKS BVJLDlNG DEPARTMENT (208) 887-2211- Fax 887-1297 PL."-!\I"N1NG AND ZONING DEPARTMENt (208) 884-5533. FA.X 888-6854 MEMORANDUM; To: Mayor & City Council ---- ---" JuJu,.1- 1.- ~.o92---- W~l/EIV ~l) ~\ 3 From: Bruce Freckleton, Engineering Tech III Brad Hawkins-Clark, Planner ~\\L ~ ~ ~ I ~ '/ ; ')f1n? .' -'" - . ! ';"'.Lor___ Re: CITY OF MERIDIAN CITY cr l=RI< ()~~fr.E Request for a Final Plat Approval of Quenzer Commons Subdivision No. 1 - 82 Building Lots and 6 Other Lots on 24.21 Acres in an R-8 Zone (with PD) by Brighton Corporation (File# FP-02-014) We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY & LOCATION This is the fIrst of five (5) proposed phases of Heritage/Quenzer Commons Subdivision and Planned Development, located on the south side of the half mile line between Ustick and McMillan Roads on the west side of N. Locust Grove Road. It encompasses the more centrally located lots within the development, including the two main open space lots featuring the gazebo and community center. It proposes to plat one of the two primary ingress/egress public streets that access N. Locust Grove Road, specifIcally the southern street named E. Heritage Park Street. Twenty-two (22) of the proposed 82 single~family lots are alley-loaded lots. The property is located in an area that was designated as Single-Family Residential in the 1993 Comprehensive Plan (the Plan under which the application was reviewed and approved). The gross density of Phase No.1 is 3.39 dwelling units/acre. The zoning designation of the property is R-8. The approved Planned Development allows for reductions in the development's minimum lot and house standards. Frontages for the proposed building lots range from 32 feet to 88 feet. Lot depths range from approximately 100 feet to 120 feet. The minimum house size for the carriage lane homes is 1,101 s.f. and the minimum house size for the conventional homes is 1,301 s.f. SITE SPECIFIC REQUIREMENTS 1. Applicant is to meet all terms of the approved preliminary plat, conditional use permit and development agreement. 2. If the pressurized irrigation system within this development is to remain a private homeowners association system, complete plans and specifIcations shall be reviewed by the Public Works Department as part of the development plan review process. A draft copy of the pressurized irrigation system O&M manual must be submitted prior to plan approval. Applicant has fP-02-o14 Heritage-Quenzer Commons Sllb No.] E~: b:+ "It" , s- Mayor and Council July 11, 2002 Page 2 indicated the Creason Lateral will be used as the primary source, with Five Mile Creek providing the backup source of water. 3. Street signs are to be in place, water system shall be approved and activated, pressurized irrigation system approved and activated, drainage lots constructed, fencing installed, and road base approved by the Ada County Highway District prior to applying for building permits. All development improvements shall be installed and approved prior to obtaining certificates of occupancy. A letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the fmal plat. 4. The Ada County Street Name list submitted with the application incorrectly shows "N. Linder Road" as an existing street. This must be corrected to show "N. Locust Grove Road" as the existing arterial street name. Add the "Street" designation to E. Heritage Park per the requirements of the Street Name Committee. 5. To comply with Condition #5 (pg. 4) ofthe Findings of Fact and Conclusions of Law for the Preliminary Plat, the Applicant shall modify Lot 1, Block 4 of the Final Plat to show a minimum 20-foot wide private ingress/egress easement for a single residence, in alignment with the proposed driveway on the north side of E. Heritage Park (as approved with the CUPIPD application). 4.. ~mply with th~wwd Preliminary Plat, the .A_pplicant ~all modify the Final Plat to show 20-fot)t-widc alleyways serving Blocks (5 9, not the 16-foot widc alley widths currently shown. ::;.. To-comply-witJ:r.thtrtRe AppliGatlt-shall modify the fr0Rtage-lBngth _gf Lot 3, Bleok 17 to reflc:(':Mhe-aPPf6ved 6W~...fr~ntag€-fJn- the Preliminary Plat instead of ...tl1s-pro13osed 60 foet-H:entuge and el:imiR~ithef Lot 1 or 2, Blook-l7. 8". J:e comply with the approved Preltminary Plat, the Applicant-shall modify the frontage lengths ofLub 3 aJlJ 4, Block.. 11 le-rdlcet the appreved 82 an~fot)t-:li'iwtages-;-respeeHvely,as-en the Preliminary Plat, instead of the proposed--60-fuot :frontages. Appl.io.;;uut shall also eliminate Lot 5, DIoek 11 to cmaouu with the Preliminary Plat. 9. Sanitary sewer service to this site shall be via extensions from existing mains installed adjacent to the proposed subdivision, and from the new White Drain Trunk Sewer. Water service to this site shall be via extensions from existing mains installed adjacent to the proposed subdivision. Applicant will be responsible to construct the sewer and water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of the centerline. 10. The soils investigation report submitted with the application indicates that groundwater was encountered at some fairly shallow depths within the project site. Design engineer to provide a statement of compliance, prior to the approval of development plans, that certifies that the FP-02-014 Heritage-Quenzer Commons Sub No. I eoJ..-b;f"AOB 0- Mayor and Council July 11, 2002 Page 3 centerline fmish grade of the streets, public or private, is at least three feet above the established normal ground water elevation. This is an effort to ensure that the building footings are at least one foot above the high groundwater. 11. The proposed 6-foot wood fence adjacent to the east boundary of Block 4 and the south side of Lot 1, Block 4 is approved as proposed, with the following two (2) exceptions: a) Staff recommends the fence be constructed along the full 650 foot east boundary of the subdivision rather than only the 228 feet adjacent to Phase 1; and b) A minimum 25-foot wide opening shall be provided in the fence on the south side of Lot 1, Block 4 to accommodate the required private drive easement to the Donahue parcel. All fencing must be in place prior to the issuance of any building permits. 12. \Vhere--permdIl~nt perimt:l~I [ellcj.ng--is-n0t:-re~d,--A:ppliea:nt-shaH-inst'aH a tempErnlfY fence-aI'ffi:lfifr-the-{lgf-imetef-Gf.-the entire-su.lx.lPAsien--to-contain-a1.l--.Goostwction debris. S~J fenee-shaH--be-in-plaee-prier to thc is~bttilding-permits. AS'pe.r 1::h.e O..~( 0 '{ ~4-~ !:tfProvo...-\ at- Ftl'\aJ 'rlcl/'\I 13. The Planting Plan (Sheets L-1.1 t1uu 1.4, dated 6/5/02 by Jensen Belts) is approved as submitted, J.Vith the-fe!l0Wingiwo-a<Miti()ns;-whieh-must-be-submitted-prior-tO-City-signatur~n- t.h~: a1-Subm:it-an-a4;l.it.i.onaLsh~ho:win8 the required Locust Grove Road street blJmr .-landsc.apmg--fsee-€ofitiffi.eR-#-l-~~relimilJ.ary Plat Findings of Fast-afld Qmclusi~tmttst-OO-submitted prior to City si~e-Final-Plat. b}-Ia-aeoordanee-with-Qr4iaancc 12 13 l:G-9,submit-detaHs-of-the la.udscapiug required wit:lWHhe-ttnimproved-becust Gr~t=of"wa)Ladj~Q..1he~Gpment. All landscaping must be installed prior to the issuance of a Certificate of Occupancy for any building within the subdivision. A letter of credit or cash surety in the amount of 110% will be required for all fencing; landscaping, pressurized inigatio~ sanitary sewer, wate:, etc., frior to t signature on the Final Plat. > As F' +h e Ord0r" o~ ~ jL+1th'\.Q...- fi.7P r 1"'0 1/(1,/ Of t=-l'V\oJ -Pb{-, 14. The special building setbacks approved for Heritage Commons Planned Development/CUP shall be added to the face of the Final Plat, as per page 2 ofthe application form. 15. Add a new note stating the minimum residential house size for the carriage lane/alley-loaded lots is 1,101 ,s.t: and the minimum house size for all other lots is 1,301 s.t: Specifically cite the lot and block numbers for all carriage lane/ailey-loaded lots with square footages below 1;301. 16. Add a new note stating all existing agricultural uses adjacent to the subdivision shall bemprotected and the plat is subject to the Right to Fann Act Idaho Code 22-4503. 17. Add a new note stating there is a Development Agreement in effect for this subdivision. Include the recording instrument number of tbe agreement. FP..Q2.()14 Heritage-Quenzer Commons Sub No. I IE : b;-I 483 5' Mayor and Council July II, 2002 Page 4 18. The public record needs to be corrected to show that page 1 of the Final Plat Application (item #5) iaco.n:ectly sho'Ns the-aeHleflsity at 3.~9=d:;:u;ia"Cr€. This is-th~engity figur.e- .hutdhe:n~~~.pplicant sheuld submit the; col'feet-figure, subtffieting- -the l-'uUiic right-of-vlay and commen lot sqOOl'e feGtages: As peA-the ()rcte< crf &rvI:~'<MaA ~proVe...L of {::"1'ruJ P la*; 19. Complete the Certificate of Owners and accompanying Acknowledgment. 20. Staff's failure to cite specific ordinance provisions or terms of the approved preliminary plat, conditional use pennit or development agreement does not relieve Applicant of responsibility for compliance. 21. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the fmal plat per Resolution 02-374. 22. Clarify plat note 10. As written, it doesn't specify where the easement is located. 23. The bearings and/or distances along the east side oflots 3-5, block 12, and the 9.45' right-of- way segment don't match the corresponding calls, and there is a missing call in the legal description of the Certificate of Owners. Please make the necessary corrections. 24. Add "Data of Record" information to the face of the plat. 25. Add missing distance dimension to the short segment of N. Heritage View Avenue that is adjacent to the south boundary. 26. Graphically depict 5-foot wide Public Utilities, Drainage, and Irrigation easements along the north sides ofIot 6, block 3, lot 5, block 11, and the south sides of lot 5, block 4, and lot 5, block 10, as these will be side yards in future phases. 27. Provide a blow-up detail of the property pin configuration on the east end of lot 1, block 4. 28. Design drainage areas to ensure that water is retained only during 25-year storm events, and for a period of time not to exceed 24 hours. Side slopes within drainage areas shall not exceed 3:1. 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. FP-02-O 14 Heritage-Quenzer Commons Sub No. I E: .1>;1 "A" J/ s- Mayor and Council July II, 2002 Page 5 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4~8. Wells may be used for non-domestic purposes such as landscape irrigation. 3. Two-hundred-fifty- and 100-watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdividerts expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. Street light contractor to obtain design and permit from the Pup~ic Wor~ Department prior commencing installations) As Der-t:;he Ornex- .~ ~1+lcM-il HffrovLV\ ~ Cl,.. F "VLcu.A V tcL.~ , 4. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 5. Submit "Final" letter from the Ada County Street Name Committee, approving the subdivision and street names. Make any corrections necessary to conform. 6. Sewer and water mains shall be extended to and through the proposed development. 7. Applicant's engineer will be required to submit a signed, stamped statement certifying that all street finish centerline elevations are set a minimum of three feet above the highest established normal groundwater elevation. 8. Coordinate fire hydrant placement with the City ofMeridian1s Water Works Superintendent. 9. Provide five-foot-wide sidewalks in accordance with City Ordinance Section 12-S-2.K, except where the four-foot detached sidewalks have been otherwise approved through the Planned Development. Sidewalks are to provide a clear five-foot-wide walkway pathway without encroachment of mailbox structures. FP-02.(} 14 Heritage-Quenzer Commons Sub No. I : b:-I "Ii e' S 0+ er BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION ) FOR THE FINAL PLAT FOR W ALTMAN ) COURT SUBDIVISION, LOCATED SOUTH OF ) TROUTNER BUSINESS PARK, BETWEEN ) WALTMAN LANE AND SOUTH TEN MILE ) ROAD, MERIDIAN, IDAHO ) ) ) BY: JOHN AND SANDRA GOADE ) ) ) C/C 07-16-02 CASE NO. TE-02-003 ORDER GRANTING A ONE (1) YEAR TIME EXTENSION FOR FILING THE FINAL PLAT This matter coming on regularly before the City Council on the 161h day of July, 2002, upon the Applicant's time application for a one (1) year extension within which to submit the Final Plat, which was originally approved on July 2, 2001, as provided in S 12-3-6 B, and good cause appearing. IT IS HEREBY ORDERED AND THIS DOES ORDER THAT: The above named Applicant is granted a one (1) year extended period of time until July 2,2003, of this Order within which to submit the Final Development Plan Plat for the above entitled subdivision application. By action of the City Council at its regular meeting on the J lR fA day of ru,ttf/ (j ,2002. Order Granting A One (I) Year Time Extension For Filing The Final Plat (TE-02-003) fh.. DATED this I If day of juIcy ,2002. Copy served upon Applicant, Planning and Zoning Department, Public Works and the City Attomey. By:JI~.4-~ 9= City Clerk Dated: \\"lIlllltU/II, \\\\ C Mr- . 1/1 "\'"",, o~ c:..9/Dt /11/ ", ~ :-1. /// ~'(j o\\POFl", '- ~ ~ ~ G ~ -::.. '7- 6-tJ2-f ~ 0 \ ... ... ... Z:\Work\M\Mcridian\Mcridiall I 5360lV1\Wallman Ct Sub TE-02-003\FPTimc Extcl1sion02-003.doc Order Granting A One (1 ) Year Time Extension For Filing The Final Plat (TE-02-003) 2 cp ltoJ)~ ~ 0 ~t -F; ( ~uJQ-LcG 11 oil ~ -1hMl ~~ ! CITY OF MERIDIAN REVISED Ju~ 15,2002 ~ CITY COUNCIL REGULAR MEETING AGENDA Tuesday, July 16, 2002, at 6:30 p.m. City Council Chambers 1. Roll-call Attendance: Tammy de Weerd Cherie McCandless Mayor Robert Corrie Bill Nary Keith Bird 2. Adoption of the Agenda: 3. Consent Agenda: A. Approve minutes from June 24,2002 City Council Regular Meeting: B. . Approve minutes from July 2, 2002 City Council Special Meeting: C. Approve minutes from July 2, 2002 City Council Regular Meeting: D. Findings of Facts and Conclusions of Law for Approval: AZ 02-008 Request for annexation and zoning of 5 acres from RUT to L-O zones for the proposed LOS Stake Center by Lombard Conrad Architects - 2515 W. Ustick Road: E. Findings of Facts and Conclusions of Law for Denial: CUP 02- 011 Request for a Conditional Use Permit for a sports bar with pool tables and big screen TV's in an 0- T zone for Blumacs Sports Bar by Michael McGuinness - 706 East First Street (N. Main Street): F. Findings of Facts and Conclusions of Law for Approval: CUP 02-015 Request for a Conditional Use Permit to renovate existing office and Convention Center into a private Jr.l Sr. High School for Cole Valley Christian Church by Jeffrey L. King - 200 East Carlton Avenue: Meridian City Council Agenda - July 16, 2002 Page I of 4 All materials prcscnted at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabil ities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at leasl48 hours prior to the public meeting. G. Findings of Facts and Conclusions of Law for Denial: VAR 02- 008 Request for a Variance to add one additional sign on a large medical clinic and radiology center building by Imaging Center Radiologists -- 2929 East Magic View Drive: H. Development Agreement: AZ 01-027 Request for annexation and zoning of 77.9 acres in a proposed R-8 zone for proposed Baldwin Park Subdivision by Capital Development Co. - % mile south of McMillan Road, east side of Linder Road: I. Beer and Liquor License Applications by John C. Box for Bill N- Lynn's Place, 229 West Franklin Road: J. Will Serve Letter - W. H. Moore property: K. White Drain Sewer Trunk Permanent and Temporary Easement - Quenzer property: L. Resolution No. 02-379: Corporate Resolution for Use of Facsimile Signatures: 4. DepartmentReports 1. Planning and Zoning Department - Shari Stiles A. Update on Preparation of Final Comprehensive Plan I Resolution: 5. (Items Moved from Consent Agenda) 6. Swear in two New Police Officers - Meridian Police Department: 7. Awards from ICRMP for two officers: 8. Introduction of Cindy Hill - Meridian Police Department: 9. Tabled from July 2, 2002: Discussion of water and sewer latecomer agreements with Sundance Company for Silverstone Subdivision project: 10. Ordinance No. AZ 02-003 Request for annexation and zoning of 3.84 acres from R-1 to R-8 zones for proposed Amberstone Subdivision by Jim Jewett - south of West Cherry Lane and south of North Summertree Way: Meridian City Council Agenda -July [6,2002 Page 2 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, 11. Ordinance No. AZ 02-009 Request for annexation and zoning of 1.00 acre from RUT to L-O zones for the proposed Meridian Fire Department Locust Grove Substation property by the City of Meridian - 3545 North Locust Grove Road: 12. Ordinance No. AZ 01-027 Request for annexation and zoning of 77.9 acres in a proposed R-8 zone for proposed Baldwin Park Subdivision by Capital Development Co. - % mile south of McMillan Road, east side of Linder Road: 13. Tabled from June 18, 2002: FP 02-005 Request for Final Plat approval of 22 building lots and one other lot on 5.81 acres in an R-40 zone for Cooper Canyon Subdivision by Wildwood Development LLC - on East Wilson Lane, east of South Locust Grove, south of East Fairview Avenue: 14. FP 02-012: Request for Final Plat approval of 35 building lots and 7 other lots on 4.67 acres in an R-8 zone for Berkeley Square Subdivision by Wardle and Associates - 1025 N,orth Ten Mile Road: 15. FP 02-013: Request for Final Plat approval of 27 building lots and one other lot on 10.29 acres in an R-4 zone for Vienna Woods Subdivision No. 6 by Skyline Development Company - east of North Locust Grove Road, north of East McMillan Road: 16. FP 02-014 Request for Final Plat approval of 82 building lots and 6 other lots on 24.21 acres in an R-8 zone for Heritage Commons Subdivision by Brighton Corporation -- west side of North Locust Grove Road, south of East McMillan Road: 17. TE 02-003 Request for Time Extension for filing the final plat for Waltman Court Subdivision by John Goade -- south of Troutner Business Park, between Waltman Lane and Ten Mile Road: 18. Public Hearing: VAR 02-007 Request for a Variance for reduced setback from ten feet to five feet on the side of a home with a dormer on the second level by KW Homes - Lot 28 Block 4 of Packard Estates No. 3, 2641 E. Bernice Dr.: 19. Public Hearing: AZ 02-004 Request for annexation and zoning of 127.74 acres from RUT to C-G, L-O and R-4 zones for proposed Sutherland Farm by Sutherland Farms, Inc. - east of South Eagle Road and north of East Victory Road: Meridian City Council Agenda - July] 6,2002 Page 3 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilit ies related to docu ments and/or hearings please contact the City Clerk's Office at 8884433 at least 48 hours prior to the public meeting, 20. Public Hearing: PP 02~004 Request for Preliminary Plat approval of 308 building lots and 30 other lots on 127.64 acres in proposed L-O, C-G and R-4 zones for proposed Sutherland Farm by Sutherland Farm, Inc. - east of South Eagle Road and East Victory Road: 21. Public Hearing: CUP 02~005 Request for a Conditional Use Permit for a Planned Unit Development for residential, commercial and office park development for Sutherland Farm by Sutherland Farm, Inc. - east of South Eagle Road and north of East Victory Road: 22. Public Hearing: AZ 01-015 Request for annexation and zoning of 34.60 acres from RUT to I-L and L-O zones for proposed Utility Subdivision by Falcon Creek, LLC - 3365 North Ten Mile Road: 23. Public Hearing: PP 01~017 Request for Preliminary Plat approval of 11 building lots on 34.60 acres in proposed I-L and L-O zones for proposed Utility Subdivision by Falcon Creek, LLC - 3365 North Ten Mile Road: Meridian City Council Agcnda- July 16,2002 Page 4 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. , ** TX CONf 4T1 ON REPORT ** AS OF JUL 17 '02' .32 PAGE.01 CITY OF MERIDIAN DATE TIME TO/FROM MODE MIN/SEC PGS CMDll STATUS 02 07/17 09:03 PUBLIC WORKS UF--S 01'04" 004 072 OK 03 07/17 09:04 2088881193 EC--S 01' 16" 004 072 OK 134 07/17 139:136 LIBRARY EC--S 131'41" 1304 072 OK 05 137/17 09:08 921383776449 EC--S 01' 16" 004 1372 OK 06 07/1709:108886854 EC--S 131'17" 004 072 OK 07 07/1709:12 CHERIE MCCANDLES EC--S 01' 39" e04 072 OK 08 07/1709:14 CHERRY LANE EC--S 01'41" 004 072 OK 139 07/1709;16 POST OFFICE EC--S 132'12" 13134 072 OK 10 07/1709;19208 888 1983 G3--S 01 '43" 004 072 OK 11 07/17 09:21 Walter R Johnson EC--S 01' 17" 004 072 OK 12 07/17 09:23 208 467 9562 EC--S 01'40" 004 072 OK 13 07/17 09:25 208 888 6700 EC--S 01' 16" 004 072 OK 14 07/17 09:30 381131613 EC--S 132'13" 004 1372 OK --------------~----------------------------------------------------------------------------- CITY OF MERIDIAN REVISED Ju~ 15. 2002 ~ CITY COUNCIL REGULAR MEETING AGENDA Tuesday, JUly 16, 2002, at 6:30 p.m. City Council Chambers 1. Roll-call Attendance: )( Tammy de Weerd___X 8i11 Nary :=!: Cherie Xcandless ~ Keith Bird Mayor Robert Corrie 2. Adoption of the Agenda: 3. Consent Agenda: ~ (IlL-- f.t> 5' - E. A. Approve minutes from June 24, 2002 City Council RegUlar Meeting: ~f?r'P~ Approve minutes from July 2,2002 City Council Special Meeting: APprov~rn:::;;;m July 2. 2002 City Council Regular Meeting: Findin97~~ and Conclusions of Law for Approval: AZ 02.Q08 Request for annexation and zoning of 5 acres from RUT to L~O zones for the proposed LDS Stake Center by Lombard Conrad Architects - 2515 W. UsUck Road: d/f'rol/K- Findings of Facts and Conclusions of Law for Denial: CUP 02- 011 Request for a Conditional Use Permit for a sports bar with pool tables and big screen TV's in an O"T zone for Blumacs Sports Bar by Michael McGuinness - 706 East First Street (N. Main Street): d"~~ d S" d,h--e~&(; Findings of Facts and Conclusions of Law for Approval: CUP 02-015 Request for a Conditional Use Permit to renovate existing office and Convention Center into a private Jr.l Sr. High School for Cole Valley Christian Church by Jeffrey L. King - 200 East Carlton Avenue: ap~~ B. c. D. F. Ma'idian City Coon.,1 A8eMa -101)'16.2002 POg<" I of4 All mQlcriok 1lfC'<llb;d Ol pobli.modinss sholl bocom. pl'Oj)OIly of \fl. City ofM<:ridion. Anyono dOli';"! oceomtnO<btion lOr d....bilities .-doled 10 do<uolontt .n<llor htorinS' Ill= C<lntttot tho Cily Clork'sOn;"" Rt U&-4433 allc>.!:r4S h.."p!ior In Ill<> publ;' ~ing. ** TX CONFIRMH"QN REPORT ** AS OF JUL 17 '~2 08:28 PAGE. 01 CITY OF MERIDIAN DATE TIME TO/FROM 01 07/17 08:27 2088881193 MODE MIN/SEC PGS CMD~ STATUS EC--S 01' 1$" 004 070 OK CITY OF MERIDIAN REVISED Ju~ 15,2002 ~ CITY COUNCIL REGULAR MEETING AGENDA Tuesday, July 1G. 2002. at 6:30 p.m. City Council Chambers 1. Roll-call Attendance: K Tammy de Weerd ~ Bill Nary :ir: Cherie Xcandless + Keith Bird Mayor Robert Corrie 2. Adoption of the Agenda: 3. Consent Agenda: frvt? f/1.e-- h; 5" - E. A. Approve minutes from June 24. 2002 City CounciJ Regular Meeting: ~fJr'P~ Approve minutes from July 2,2002 City Council Special Meeting: APprov~~V;;m July 2. 2002 City Council Regular Meeting: ~ ~V1I:.-- Findings of Facts and Conclusions of law for Approval: AZ 02-008 Request for annexation and zoning of 5 acres from RUT to L-O zones for the proposed LOS Stake Center by Lombard Conrad Architects - 2515 W. Ustick Road: ~I jJ)"'I;'Vl<- Findings of Facts and Conclusions of Law for Denial: CUP 02- 011 Request for a Conditional Use Permit for a sports bar with pool tables and big screen lVs in an O-T zone for Blumacs Sports Bat by Michael McGuinness -706 East First Street (N. Main Street): ~jlt.e- ~~ d..h-e~d...-- Findings of Facts and Conclusions of law for Approval: CUP 02-015 Request for a Conditional Use Permit to renovate existing office and Convention Center into a private Jr.l Sr. High School for Cole Valley Christian Church by Jeffrey L. King - 200 East Carlton Avenue: ~~/.I~ B. c. D. F. M~di:m Cil)'Council AsCfldA-Jllly 16,2002 fall" 10f4 All mattriAls p=b>d lit p"b1i~ 1l11l1lling$ shAll bo<<lm. ptopwrty of lb. Cil)' .fM<ridi.n. An)'OIlO desirinG aec.ommodotion fur diDabiliocs rdllled ft1 dooumeu~ andlorh=in~ pla1$lJ cont:iel tho City Clerk '$ OIIicu! 888-4433 allo!llSt 48 MU~ prior 10 the publio ma:ling. ** TX t !M=lT JON REPORT ** AS OF JUL 17 '02 i PAGE,01 CITY OF MERIDIAN DATE TIME TO/FROM MODE MIN/SEC PGS CMDll STATUS 09 07/17 ea:06 3810160 EC-S 02'14" 1004 1367 OK 10 07/17 00:09 PUBLIC WORKS UF-S 01'03" 004 067 OK 11 07/1700:11 2088881193 EC-S 01'16" 004 067 OK 12 07/1700:138841159 EC--S 01'17" ea4 067 OK 13 07/1700:142088840744 EC--S 01'17" 004 067 OK 14 07/1700'162088845077 EC--S 01' 18" 004 067 OK 15 07/1700'18208 898 5501 EC--S 01'16" 004 067 OK 16 07/17 00'20 LIBRARY EC--S 01'41" 004 067 OK 17 07/17 0,,1=22 92083776449 EC--S 01'16" 004 067 OK 18 07/17 ea:23 208 388 6924 EC--S 01' 40" 004 067 OK 19 07/17 00'26 888 6854 EC--S 01'17" 13e4 067 OK 20 07/17 130'28 2083757154 EC--S 01'16" 004 067 OK 21 07/17 00'29 8950390 EC-S 01' 17" 1304 067 OK 22 07/1700'31 Laurel EC--S 01'17" 004 067 OK 23 07/1700'33206387 6393 EC--S 01' 16" 0134 067 OK 24 07/17 00'35 ADA CTY DEVELMT G3--S 02'18" 004 067 OK 25 107/17 00:38 CHERRY LANE EC--S 01'41" 004 067 OK 26 137/17 ea:40 208 668 1983 G3--S 01' 43" 1304 067 OK 'in 137/17 00:42 Walter R Johnson EC--S 01'17" 1304 067 OK 28 07/17 00:44 2138 467 9562 EC-S 01'413" 1304 067 OK 29 07/17 00:46 208 888 6700 EC--S 131'16" 004 067 OK -------------------------------------------------------------------------------------------- CITY OF MERIDIAN REVISED July 15. 2002 ~ CITY COUNCIL REGULAR MEETING AGENDA Tuesday, July 16, 2002, at 6:30 p.m. City Council Chambers 1. Roll-call Attendance: J( Tammy de Weerd K Bill Nary ~ Cherie Xcandless +- Keith Bird Mayor Robert Corrie 2. Adoption of the Agenda: 3. Consent Agenda: f'VvO tII.e/ fo 5" - E. A. Approve minutes from June 24,2002 City Council Regular Meeting: ,;zp Jh"V' V>(... Approve minutes from July 2, 2002 City Council Special Meeting: Approv~~V;;;;-m July 2, 2002 City Council Regular Meeting: Finding7or.;;:~ and Conclusions of Law for Approval: AZ 02-008 Request for annexation and zoning of 5 acres from RUT to L-O zones for the proposed LOS Stake Center by Lombard Conrad Architects - 2515 W. Ustick Road: eJl/"""'v.<- Findings of Facts and Conclusions of Law for Denial: CUP 02. 011 Request for a Conditional Use Permit for a sports bar with pool tables and big screen TV's in an 0- T zone for Blumacs Sports Bar by Michael McGuinness - 706 East First Street (N. Main Street): ~~ a S" an-e~d...- Findings of Facts and Conclusions of Law for Approval: CUP 02..()15 Request for a Conditional Use Permit to renovate existing office and Convention Center into a private Jr.l Sr. High School for Cole Vallev Christian Church by Jeffrey L King - 200 East CarlJon Avenue: apj7YPf/'\.C/ B. C. D. F. Maid;'" CIl)' C.unci] As",oh-3uly IS, 2002 I'Isc 1 ot4 All "",,",], ~.. plIb1lc _linlIs ""II 1>0<0... proJl<'1Y .rlhc City ofM<ri4i... Ao)'O" do.frinS AtCOrnmodIti"" Ill< dioobmri.. "".ted .. doeu""",,,, OlldIor hetMc> p"",, _...,,<1>< Cil)' CJ",k'.Offi", 01888-1433 .,1east48 hou"l'riodo lhc poblio......"g. ** TX CONFIRMATION REPORT ** AS OF JUL 15 '82 18:13 PAGE.81 CITY OF MERIDIAN DATE TIME TO/FROM MODE MIN/SEC PGS CMDI:I STATUS 84 87/15 17:22 3818160 EC--S 02'82" 804 048 OK 85 87/15 17:24 PUBLIC WORKS UF--S 88'57" 004 848 OK 06 07/15 17:26 2888881193 EC--S 81'89" 884 848 OK 87 87/15 17:28 8841159 EC--S 81' 10" 884 048 OK 88 87/15 17:29 2888848744 EC--S 81' 18" 884 848 OK 89 87/15 17:31 2888845877 EC--S 81'11" 884 848 OK 18 87/15 17:33 288 898 5581 EC--S 81'89" 884 848 OK 11 87/15 17:34 LIBRARY EC--S 81' 38" 884 848 OK 12 87/15 17:36 92883776449 EC--S 81'89" 884 848 OK 13 87/15 17:38 288 388 6924 EC--S 81'29" 884 848 OK 14 87/15 17:48 888 6854 EC--S 81'89" 884 848 OK 15 87/15 17:42 2083757154 EC--S 81' 89" 884 848 OK 16 87/15 17:43 8958398 EC--S 81'88" 084 848 OK 17 87/15 17:45 288 387 6393 EC--S 81'89" 884 848 OK 18 87/15 17:47 ADA CTY DEVELMT G3--S 82' 16" 884 848 OK 19 87/15 17:58 CHERIE MCCANDLES EC--S 81'38" 884 848 OK 28 87/15 17:52 CHERRY LANE EC--S 81'38" 884 848 OK 21 87/15 17:54 POST OFFICE EC--S 82' 81" 884 848 OK 22 87/15 17:56 288 888 1983 G3--S 81'48" 884 848 OK 23 87/15 17:59 Walter R Johnson EC--S 01'11" 884 048 OK 24 87/15 18:80 288 467 9562 EC--S 01'29" 884 048 OK 25 87/15 18:82 288 888 6780 EC--S 81' 89" 804 048 OK 26 87/15 18:13 CHAMBER-COMMERCE ----S 80'80" 800 848 BUSY THIS DOCUMENT IS STILL IN MEMORY ----------------------------------------------------------------------------~--------------- ~ Le..aSe. ? 0 ~t ~ ( ~l,C\o-Lt.c.. l'labl Ct -- LVICMl t:s ! CITY OF MERIDIAN REVISED Ju~ 15, 2002 ~ CITY COUNCIL REGULAR MEETING AGENDA Tuesday, July 16,2002, at 6:30 p.m. City Council Chambers 1. Roll-call Attendance: Tammy de Weerd Cherie McCandless Mayor Robert Corrie Bill Nary Keith Bird 2. Adoption of the Agenda: 3. Consent Agenda: A. Approve minutes from June 24,2002 City Council Regular Meeting: P~Q8L ?O~C f;r IIltlbLLc ILoti~- LhM(tS! CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, July 16, 2002, at 6:30 p.m. City Council Chambers 1. Roll-call Attendance: Tammy de Weerd Cherie McCandless Mayor Robert Corrie Bill Nary Keith Bird 2. Adoption of the Agenda: 3. Consent Agenda: A. Approve minutes from June 24, 2002 City Council Regular Meeting: B. Approve minutes from July 2J 2002 City Council Special Meeting: C. Approve minutes from July 2, 2002 City Council Regular Meeting: D. Findings of Facts and Conclusions of Law for Approval: AZ 02-008 Request for annexation and zoning of 5 acres from RUT to L-O zones for the proposed LOS Stake Center by Lombard Conrad Architects - 2515 W. Ustick Road: E. Findings of Facts and Conclusions of Law for Denial: CUP 02- 011 Request for a Conditional Use Permit for a sports bar with pool tables and big screen TV's in an 0- T zone for Blumacs Sports Bar by Michael McGuinness - 706 East First Street (N. Main Street): F. Findings of Facts and Conclusions of Law for Approval: CUP 02-015 Request for a Conditional Use Permit to renovate existing office and Convention Center into a private Jr.l Sr. High School for Cole Vallev Christian Church by Jeffrey L. King - 200 East Carlton Avenue: Meridian City Council Agenda - July 16,2002 Page 1 of 4 All materials presented at public meetings shall become property of the City of Meridian, Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at &88-4433 at least 48 hours prior to the public meeting, G. Findings of Facts and Conclusions of Law for Denial: V AR 02- 008 Request for a Variance to add one additional sign on a large medical clinic and radiology center building by ImaQinQ Center RadioloQists -- 2929 East Magic View Drive: H. Development Agreement: AZ 01-027 Request for annexation and zoning of 77.9 acres in a proposed R-8 zone for proposed Baldwin Park Subdivision by Capital Development Co. - % mile south of McMillan Road, east side of Linder Road: I. Beer and Liquor License Applications by John C. Box for Bill Nw Lynn's Place, 229 West Franklin Road: J. Will Serve Letter - W. H. Moore property: K. White Drain Sewer Trunk Permanent and Temporary Easement -- Quenzer property: L. Corporate Resolution for Use of Facsimile Signatures: 4. Department Reports 1. Planning and Zoning Department - Shari Stiles A. Update on Preparation of Final Comprehensive Plan I Resolution: 5. (Items Moved from Consent Agenda) 6. Swear in two New Police Officers - Meridian Police Department: 7. Awards from ICRMP for two officers: 8. Introduction of Cindy Hill - Meridian Police Department: 9. Tabled from July 2, 2002: Discussion of water and sewer latecomer agreements with Sundance Company for Silverstone Subdivision project: 10. Ordinance No. AZ 02-003 Request for annexation and zoning of 3.84 acres from R-1 to R-8 zones for proposed Amberstone Subdivision by Jim Jewett - south of West Cherry Lane and south of North Summertree Way: Meridian City Council Agenda -July 16,2002 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. 11. Ordinance No. AZ 02-009 Request for annexation and zoning of 1.00 acre from RUT to L-Q zones for the proposed Meridian Fire Department Locust Grove Substation property by the City of Meridian - 3545 North Locust Grove Road: 12. Ordinance No. AZ 01-027 Request for annexation and zoning of 77.9 acres in a proposed R-8 zone for proposed Baldwin Park Subdivision by Capital Development Co. - 14 mile south of McMillan Road, east side of Linder Road: 13. Tabled from June 18, 2002: FP 02-005 Request for Final Plat approval of 22 building lots and one other lot on 5.81 acres in an R-40 zone for Cooper Canyon Subdivision by Wildwood Development LLC - on East Wilson Lane, east of South Locust Grove, south of East Fairview Avenue: 14. FP 02-012: Request for Final Plat approval of 35 building lots and 7 other lots on 4.67 acres in an R-8 zone for Berkelev Square Subdivision by Wardle and Associates -- 1025 North Ten Mile Road: 15. FP 02-013: Request for Final Plat approval of 27 building lots and one other lot on 10.29 acres in an R-4 zone for Vienna Woods Subdivision No. 6 by Skyline Development Company - east of North Locust Grove Road, north of East McMillan Road: 16. FP 02-014 Request for Final Plat approval of 82 building lots and 6 other lots on 24.21 acres in an R-8 zone for HeritaQe Commons Subdivision by Brighton Corporation -- west side of North Locust Grove Road, south of East McMillan Road: 17. TE 02-003 Request for Time Extension for filing the final plat for Waltman Court Subdivision by John Goade -- south of Troutner Business Park, between Waltman Lane and Ten Mile Road: 18. Public Hearing: V AR 02-007 Request for a Variance for reduced setback from ten feet to five feet on the side of a home with a dormer on the second level by KW Homes - Lot 28 Block 4 of Packard Estates No. 3,2641 E. Bernice Dr.: 19. Public Hearing: AZ 02-004 Request for annexation and zoning of 127.74 acres from RUT to C-G, L-O and R-4 zones for proposed Sutherland Farm by Sutherland Farms, Inc. - east of South Eagle Road and north of East Victory Road: Meridian City Council Agenda -July 16,2002 Page 3 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities rclated to documents and/or hearings please conlllct the City Clerk's Office at 888-4433 at Icast 48 hours prior to the public meeting. 20. Public Hearing: PP 02~004 Request for Preliminary Plat approval of 308 building lots and 30 other lots on 127.64 acres in proposed L-O, C-G and R-4 zones for proposed Sutherland Farm by Sutherland Farm, Inc. - east of South Eagle Road and East Victory Road: 21. Public Hearing: CUP 02-005 Request for a Conditional Use Permit for a Planned Unit Development for residential, commercial and office park development for Sutherland Farm by Sutherland Farm, Inc. - east of South Eagle Road and north of East Victory Road: 22. Public Hearing: AZ 01-015 Request for annexation and zoning of 34.60 acres from RUT to I-L and L-O zones for proposed Utilitv Subdivision by Falcon Creek, LLC - 3365 North Ten Mile Road: 23. Public Hearing: PP 01~017 Request for Preliminary Plat approval of 11 building lots on 34.60 acres in proposed I-L and L-O zones for proposed Utilitv Subdivision by Falcon Creek, LLC - 3365 North Ten Mile Road: 24. Water, Sewer and Trash Delinquencies: Meridian City Council Agenda - July 16,2002 Page 4 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. ** TX CONFIRMATION REPORT ** 01 82 83 84 85 86 07 88 89 18 11 12 13 14 15 16 17 18 19 20 21 22 23 24 DATE TIME TO/FROM 07/12 17:81 PUBLIC WORKS 87/12 17:82 8841159 87/12 17:€l4 2€l8884€l744 87/12 17:€l6 2€l88845€l77 €l7/12 17:07 2€l8 898 55€ll €l7/12 17:09 LIBRARY 07/12 17:11 92883776449 07/12 17:12 208 388 6924 €l7/12 17:15 888 6854 €l7/12 17:16 2€l83757154 87/12 17:18 2€l8336210€l 87/12 17:21 895839€l 07/12 17:22 Laurel 07/12 17:24 208 387 6393 €l7/12 17:26 ADA cry DEUELMT €l7/12 17:28 CHERIE MCCANDLES 137/12 17:313 CHERRY LANE 137/12 17:33 POST OFFICE €l7/12 17:35 2138 888 1983 07/12 17:37 Walter R Johnson 07/12 17:39 ID PRESS TRIBUNE 137/12 17:41 2138 888 67€l13 €l7/12 17:46 3811316€l 137/12 17:48 21388881193 AS OF JUL 12 '132 17:49 PAGE. 131 MODE UF--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S G3--S EC--S EC--S EC--S G3--S EC--S EC--S EC--S EC--S EC--S CITY OF MERIDIAN MIN/SEC PGS 1313'56" €l04 €ll' 139" 13€l4 81'€l9" €l134 81'1€l" 13134 81'€l8" 884 €l1'31" 004 01'138" 084 01'28" €l04 01'09" 084 €ll'89" 13134 81'58" 8€l4 €l1'88" 084 01'11" 8€l4 01'09" 004 82' 11" 884 01'28" 084 81'29" 004 €l1' 57" 084 81'36" 804 01'18" 004 81'18" 004 01'89" 084 81'58" 004 01'89" 0134 CMDl:l 020 020 028 820 028 02€l 820 020 820 02€l 820 828 828 020 820 820 028 020 82€l €l20 020 €l2€l 020 €l28 STATUS OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK ---------------------------------------------------------------------------------------~---- Pltase.. ?03t ~(" <P~(.ILo-n'~- LhM1tS! CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, July 16.2002, at 6:30 p.m. City Council Chambers 1. Roll-call Attendance: Tammy de Weerd Cherie McCandless Mayor Robert Corrie 2. Adoption of the Agenda: 3. Consent Agenda: Bill Nary Keith Bird ** TX CONFIRMA\,~N REPORT ** AS OF JUL 16 '0~ 09:54 PAGE. 01 CITY OF MERIDIAN DATE TIME TO/FROM 01 07/16 09:53 376 6908 MODE M[N/SEC PGS CMD~ STATUS EC--S 01' 11 JI 004 053 OK REVISED Ju~ 15, 2002 CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, July 16, 2002, at 6:30 p.m. City Council Chambers 1. Roll-call Attendance: _ Tammy de Weerd _ Bill Nary Cherie McCandless _ Keith Bird _ Mayor Robert Corrie 2. Adoption of the Agenda: 3. Consent Agenda: A. Approve minutes from June 24, 2002 City Council Regular Meeting: B. Approve minutes from July 2,2002 City Council Special Meeting: C. Approve minutes from July 2, 2002 City Council Regular Meeting: D. Findings of Facts and Conclusions of Law for Approval: AZ 02w008 Request for annexation and zoning of 5 acres from RUT to L-O zones for the proposed LOS Stake Center by Lombard Conrad Architects - 2515 W. Ustick Road: E. Findings of Facts and Conclusions of Law for Denial: CUP 02~ 011 Request for a Conditional Use Permit for a sports bar with pool tables and big screen TV's in an 0- T zone for Blumacs Sports Bar by Michael McGuinness - 706 East First Street (N. Main Street); F. Findings of Facts and Conclusions of Law for Approval: CUP 02w015 Request for a Conditional Use Permit to renovate existing office and Convention Center into a private JrJ Sr. High School for Cole Vallev Christian Church by Jeffrey L. King - 200 East Carlton Avenue: MOI'idWI City Coun",1 Asondtl - July 16, 2002 I":1gc I of4 All nmtcriah pr=Dla:I 01 public ll1ee1ing.~ Rhall bI:oonlc prop:ny ofdlC CiC)' of Meridian. AnYOIle deSiring nCl;Ommodatiun fordisabi1il;cs rdato:d III documents end/or he:Ilrill(lS pi"""" conlnCllhe City CI~lc'5 Office at 3384433 Dl leos, 48 l10Drt prioT I<> \h<: public "",,'ing.