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Home My WebLink About2002-10-15 CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, October 15, 2002 at 7:00 p.m. City Council Chambers 1. RolI~call Attendance: K Tammy de Weerd X- x:: Cherie McCandless X- X Mayor Robert Corrie Bill Nary Keith Bird 2. Adoption of the Agenda: ar~v~ 3. Consent Agenda: CI-J')~t1 v-e.... A. Approve minutes of October 1 J 2002 City Council Regular Meeting: ~<9V<- B. Findings of Fact and Conclusions of Law: MI 02~008 Request for approval to construct a temporary private road for the construction of Phase 1 of Fairview Lakes by Hopkins Financial Services, Inc. - 824 East Fairview Avenue: 7rY'\Jt.-- C. Findings of Fact and Conclusions of Law: RZ 02~002 Request for a rezone of 1.52 acres from R-4 to L-O zones for the Holv Nativity Episcopal Church by the Holy Nativity Episcopal Church - 1021 West 8th Street: c~JfY'PvLV' D. Findings of Fact and Conclusions of law: AZ 02~017 Request for annexation and zoning of 5.41 acres from M-1 to I-L zones for Ronald Yanke property by Ronald Yanke and Walter T. Sigmont Jr. - northwest corner of East Franklin Road and North Eagle Road on East Lanark Street: PV;~ ~ E. Findings of Fact and Conclusions of law: AZ 02~018 Request for annexation and zoning of 5 acres from RUT to L-O zones for Bair Property Annexation by Donn Reiswig - 3975 East Franklin Road: ~ov<-V!- F. Development Agreement: AZ 01 ~009 Request for annexation and zoning of 8.15 acres from RUT to R-4 zones for proposed Staten Park Subdivision by CMD, Inc. - southeast corner of North Black Cat Road and West Ustick Road: ~J r~ Meridian City Council Agenda - October IS, 2002 Page 1 on All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 4. G. Agreement for Services with MD Willis, Inc.: tli'lroftV?-- H. Approve New Beer and liquor license Applications for Goodwood Barbecue -1140 N. Eagle Road: a;lpf7;J~ I. Approve Beer license Transfer and New liquor license Application for Tequila Grill Restaurante by David Samuelson - 2031 E. Fairview Avenue, Suite 103: tbl?jl-ro~ J. Silverstone Subdivision Water latecomer Agreement - Sundance Development Company: apfh7J1/l.t./ K. Sale and Purchase Agreement, Permanent Slope Agreement, Temporary Construction Easement, and Addendum to Temporary Construction Easement for the Overland Road Rebuild Project - Ada County Highway District: ,vffY/?~ Department Reports: IW~ 5. (Items Moved from Consent Agenda) ju; Iv<.- Ordinance No. tJ 2. - q 7 CJ AZ 01-009 Request for annexation and zoning of 8.15 acres from RUT to R-4 zones for proposed Staten Park Subdivision by CMD, Inc. - southeast corner of North Black Cat Road and West Ustick Road: ttp 1)"'0 v-L Public Hearing: AZ 02~020 Request for annexation and zoning of 39.96 acres from RUT to R-4 zones for proposed Castlebrook Subdivision by Crestline Development, LLC - 950 North Black Cat Road: tfL-~h1.e!f .;.0 j9Y'ejJ~ /1+:- i cl.< h':n t:t..pflY'ovcd!.., Public Hearing: PP 02~016 Request for Preliminary Plat approval of 120 building lots and 11 other lots on 39.96 acres in a proposed R-4 zone for proposed Castlebrook Subdivision by Crestline Development LLC - 950 North Black Cat Road: a II-rr-w'1 fo rejJpVV!.- .pf-f'lc/.-e ,fiiv ~ppov~ Public Hearing: CUP 02~023 Request for a Conditional Use Permit to place a Class A manufactured home on a permanent foundation in an L-O zone for Treasure Valley Worship Center by Treasure Valley Worship Center - 50 West Spicewood Drive: . . a~J f-c pre.pcV1L ,p/il el! /tr1.-af'prt}v~ Public Hearing: CUP 02~024 Request for a Conditional Use Permit proposing two buildings with drive-thru windows and two buildings on recorded lot in a C~C zone for Silverstone Corporate Center by The Sundance Company - southeast comer of East Overland Road and South Eagle Road~lIpvM1' -h ;rret'cvu... IX? f c/e Iln... 4/j?YGll/v~ Meridian City Council Agenda - October IS, 2002 Page 2 00 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 8884433 at least 48 hours prior to the public meeting. 6. 7. 8. 9. 10. 11. Public Hearing: AZ 02~019 Request for annexation and zoning of 5.01 acres from RUT to R-3 zones for proposed Drawbridae Subdivision by Pinnacle Engineers, Inc. - 4365 North Ten Mile Road: a ~'J -fa pYefl~ -/'1 {-I ell. .~ Cv/l jOY'ovti-Z 12. Public Hearing: PP 02~015 Request for Preliminary Plat approval of 9 building lots and 4 other lots on 5.01 acres in a proposed R-3 zone for proposed DrawbridQe Subdivision by Pinnacle Engineers, Inc.- 4365 North Ten Mile Road: a+-Iz;l/1l.t.:J 10 r-e ;?~..M:- ~I t: " c! I ~ h-L Cit prvv a.L Meridian City Council Agenda - October 15, 2002 Page 3 of3 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. November 1, 2002 MERIDIAN CITY COUNCil MEETING November 6,2002 APPLICANT ITEM NO. '?> - E REQU EST Approve minutes of October 15, 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: OTH ER: Contacted: (OI.J/V Ouff Date: Phone: Materials presented at public meetings shall become property of the CIty of Meridian. CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, October 15, 2002 at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: X Tammy de Weerd X X Cherie McCandless X X Mayor Robert Corrie Bill Nary Keith Bird 2. Adoption of the Agenda: Approve 3. Consent Agenda: Approve A. Approve minutes of October 1,2002 City Council Regular Meeting: Approve B. Findings of Fact and Conclusions of Law: MI 02~008 Request for approval to construct a temporary private road for the construction of Phase 1 of Fairview Lakes by Hopkins financial Services, Inc. - 824 East Fairview Avenue: Approve C. Findings of Fact and Conclusions of Law: RZ 02-002 Request for a rezone of 1.52 acres from R-4 to L-Q zones for the Holy Nativity Episcopal Church by the Holy Nativity Episcopal Church -1021 West 8th Street: Approve D. Findings of Fact and Conclusions of Law: AZ 02-017 Request for annexation and zoning of 5.41 acres from M-1 to I-L zones for Ronald Yanke property by Ronald Yanke and Walter T. Sigmont Jr. - northwest corner of East franklin Road and North Eagle Road on East Lanark Street: Approve E. Findings of Fact and Conclusions of law: AZ 02-018 Request for annexation and zoning of 5 acres from RUT to L-Q zones for Bair Property Annexation by Donn Reiswig - 3975 East Franklin Road: Approve F. Development Agreement: AZ 01~009 Request for annexation and zoning of 8.15 acres from RUT to R-4 zones for proposed Meridian City Council Agenda - October 15,2002 Page 1 00 All materials presented at public meetings shall become property oftlle 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. Staten Park Subdivision by CMD, Inc, - southeast corner of North Black Cat Road and West Ustick Road: Approve G. Agreement for Services with MD Willis, Inc.: Approve H. Approve New Beer and Liquor License Applications for Goodwood Barbecue -1140 N. Eagle Road: Approve I. Approve Beer License Transfer and New Liquor License Application for Tequila Grill Restaurante by David Samuelson - 2031 E. Fairview Avenue, Suite 103: Approve J. Silverstone Subdivision Water Latecomer Agreement - Sundance Development Company: Approve K. Sale and Purchase Agreement, Permanent Slope Agreement, Temporary Construction Easement, and Addendum to Temporary Construction Easement for the Overland Road Rebuild Project - Ada County Highway District: Approve 4. Department Reports: None 5. (Items Moved from Consent Agenda) None 6. Ordinance No. 02~979 AZ 01 ~009 Request for annexation and zoning of 8.15 acres from RUT to R-4 zones for proposed Staten Park Subdivision by CMD, Inc. - southeast corner of North Black Cat Road and West Ustick Road: Approve 7. Public Hearing: AZ 02-020 Request for annexation and zoning of 39.96 acres from RUT to R-4 zones for proposed Castle brook Subdivision by Crestline Development, LLC - 950 North Black Cat Road: Attorney to Prepare Findings of Fact and Conclusions of Law for Approval 8. Public Hearing: PP 02~016 Request for Preliminary Plat approval of 120 building lots and 11 other lots on 39.96 acres in a proposed R-4 zone for proposed Castlebrook Subdivision by Crestline Development LLC - 950 North Black Cat Road: Attorney to Prepare Findings of Fact and Conclusions of Law for Approval 9. Public Hearing: CUP 02-023 Request for a Conditional Use Permit to place a Class A manufactured home on a permanent foundation in an L-O zone for Treasure Valley Worship Center by Treasure Valley Worship Center - 50 West Spicewood Drive: Attorney to Prepare Findings of Fact and Conclusions of Law for Approval Meridian City Council Agenda - October 15,2002 Page 2 of 3 All materials presented at public mcetings 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. Public Hearing: CUP 02-024 Request for a Conditional Use Permit proposing two buildings with drive-thru windows and two buildings on recorded lot in a C-C zone for Silverstone Corporate Center by The Sundance Company - southeast corner of East Overland Road and South Eagle Road: Attorney to Prepare Findings of Fact and Conclusions of law for Approval 11. Public Hearing: AZ 02-019 Request for annexation and zoning of 5.01 acres from RUT to R-3 zones for proposed Drawbrid~e Subdivision by Pinnacle Engineers, Inc. - 4365 North Ten Mile Road: Attorney to Prepare Findings of Fact and Conclusions of law for Approval 12. Public Hearing: PP 02-015 Request for Preliminary Plat approval of 9 building lots and 4 other lots on 5.01 acres in a proposed R-3 zone for proposed Drawbridge Subdivision by Pinnacle Engineers, Inc.- 4365 North Ten Mile Road: Attorney to Prepare Findings of Fact and Conclusions of law for Approval Meridian City Council Agenda - October 15,2002 Page 3 00 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Meridian City Council Meetinq October 15, 2002 The Regular Meeting of the Meridian City Council was called to order at 7:00 P.M. on Tuesday, October 15,2002, by Mayor Robert D. Corrie. Members Present: Mayor Robert Corrie, Tammy de Weerd, Keith Bird, Cherie McCandless, and William Nary. Others Present: Bill Nichols, Brad Hawkins-Clark, Gary Smith, Brad Watson, Ken Bowers, Dean Willis, and Will Berg. Item 1. RolI~call Attendance: X Tammy de Weerd X X Cherie McCandless X X Mayor Robert Corrie Bill Nary Keith Bird Corrie: All right. I'll) going to open the Meridian City Council Regular Meeting on Tuesday, October 15, 2002, at 7:00 P.M. Would you, please, have roll call attendance, please, Mr. Clerk? Item 2: Adoption of the Agenda: Corrie: Okay. Item Number 2 is the Adoption of the Agenda. Council, any additions, or corrections to the agenda? Bird: I have none. Corrie: Okay. Hearing none, I'll entertain a motion to adopt the agenda as written. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I would move that we adopt the agenda as published. McCandless: Second. Corrie: Okay. Motion has been made and seconded to adopt the agenda as published. Any further discussion? Hearing none, all those in favor of the motion say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES Item 3. Consent Agenda: A. Approve minutes of October 1,2002 City Council Regular Meeting: Meridian City Council October 15, 2002 Page 2 of41 B. Findings of Fact and Conclusions of Law: MI 02~008 Request for approval to construct a temporary private road for the construction of Phase 1 of Fairview lakes by Hopkins Financial Services, Inc. - 824 East Fairview Avenue: c. Findings of Fact and Conclusions of Law: RZ 02-002 Request for a rezone of 1.52 acres from R-4 to L-Q zones for the Holy Nativity Episcopal Church by the Holy Nativity Episcopal Church -1021 West 8th Street: D. Findings of Fact and Conclusions of Law: AZ 02~017 Request for annexation and zoning of 5.41 acres from M-1 to I-L zones for Ronald Yanke property by Ronald Yanke and Walter T. Sigmont Jr. - northwest corner of East Franklin Road and North Eagle Road on East Lanark Street: E. Findings of Fact and Conclusions of Law: AZ 02-018 Request for annexation and zoning of 5 acres from RUT to L-Q zones for Bair Property Annexation by Donn Reiswig - 3975 East Franklin Road: F. Development Agreement: AZ 01-009 Request for annexation and zoning of 8.15 acres from RUT to R-4 zones for proposed Staten Park Subdivision by CMD, Inc. - southeast corner of North Black Cat Road and West Ustick Road: G. Agreement for Services with MD Willis, Inc.: H. Approve New Beer and Liquor License Applications for Goodwood Barbecue -1140 N. Eagle Road: I. Approve Beer License Transfer and New Liquor License Application for Tequila Grill Restaurante by David Samuelson - 2031 E. Fairview Avenue, Suite 103: J. Silverstone Subdivision Water latecomer Agreement - Sundance Development Company: K. Sale and Purchase Agreement, Permanent Slope Agreement, Temporary Construction Easement, and Addendum to Temporary Construction Easement for the Overland Road Rebuild Project - Ada County Highway District: Corrie: The next item is the Consent Agenda. Bird: Mr. Mayor? Corrie: Mr. Bird. Meridian City Council October 15, 2002 Page 3 of 41 Bird: I would move that we approve the Consent Agenda as noted and for the Mayor to sign and the Clerk to attest on all contracts and papers necessary to be signed. De Weerd: Second. Corrie: Okay. Motion has been made and seconded to approve the items on the Consent Agenda, A through K. 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 4. Department Reports: Corrie: The next item.is Department Reports. Any Department Reports at this time? Item 5. (Items Moved from Consent Agenda) Corrie: All right. Item Number 5 is items moved from the Consent Agenda. There are no items moved. Item 6. Ordinance Number : AZ 01 ~009 Request for annexation and zoning of 8.15 acres from RUT to R-4 zones for proposed Staten Park Subdivision by CMD, Inc, - southeast corner of North Black Cat Road and West Ustick Road: Corrie: So Item 6 is an ordinance. Can you give me the number of that, Mr. Berg? Berg: Sorry J wasn't prepared, Mr. Mayor. It's Ordinance Number 02-979. Corrie: All right. Ordinance Number 02-979, request for annexation and zoning of 8.15 acres from RUT to R-4 zones for proposed Staten Park Subdivision by CMD, Inc., southeast corner of Black Cat Road and West Ustick Road. At this time I would like to have, the City Clerk read Ordinance Number 02-979 by title only, please. Berg: Thank you, Mr. Mayor, Members of the Council Ordinance Number 02-979. An Ordinance finding that certain land to be known as Staten Park Subdivision, the location of which lies contiguous or adjacent to the city limits of the City of Meridian, County of Ada, State of Idaho, and finding that the owner Cap Co, Inc., an Idaho corporation, has made a request for annexation in writing to the Council, that said land be annexed to the City of Meridian and zoning designated Low Density Residential District (R-4) 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 map of the City of Meridian, Idaho, and directing the clerk of the City of Meridian to file a certified copy of the ordinance and map of the area to be Meridian City Council October 15, 2002 Page 4 of 41 annexed with the Ada County recorder, auditor, treasurer, and assessor and the State Tax Commission of the State of Idaho, pursuant to Idaho Code Section 50-223 and Section 63-2215. Corrie: You have heard the reading of Ordinance Number 02-979 by title only. Is there anyone from the audience that would like to have the ordinance read in its entirety? Okay. Hearing none, I will then entertain a motion for the request for annexation and zoning, Ordinance 02-979. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: [move we approved Ordinance Number 02-979, request for annexation and zoning of 8.15 acres from RUT to R-4 zones for the proposed Staten Park Subdivision by CMD, Inc., and to instruct the Mayor to sign and the Clerk to attest, with suspension of rules. Bird: Second. Corrie: Okay. Motion has been made and seconded to approve Ordinance Number 02- 979, with suspension of rules. 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 carried. MOTION CARRIED: ALL AYES Item 7. Public Hearing: AZ. 02-020 Request for annexation and zoning of 39.96 acres from RUT to R-4 zones for proposed Castlebrook Subdivision by Crestline Development, LLC - 950 North Black Cat Road: Item 8. Public Hearing: PP 02-016 Request for Preliminary Plat approval of 120 building lots and 11 other lots on 39.96 acres in a proposed R-4 zone for proposed Castle brook Subdivision by Crestline Development LLC - 950 North Black Cat Road: Corrie: Item Number 7 is a Public Hearing, request for annexation and zoning of 39.96 acres from RUT to R-4 zones for proposed Castlebrook Subdivision by Crestline Development, LLC, 950 North Black Cat Road. With the Council's approved I would open the Public Hearing for the same request on the Preliminary Plat. Hearing no objections. Bird: I have none. Corrie: Okay then I will open the Public Hearing on both Item Numbers 7 and 8 and we will invite staff comments first on the annexation and zoning and the Preliminary Plat. Meridian City Council October 15, 2002 Page 5 of4l Hawkins-Clark: Thank you, Mr. Mayor, Members of the Council my apologies on this one. We will see if we can get our overhead working here in a minute, but I will just move through these, according to the recommendation that you have received from the Planning and Zoning Commission. The date of that is October 10,2002. The applicant is Crestline Development, LLC, and they have proposed a subdivision on the east side of Black Cat Road, just south of -- approximately a half-mile south of Cherry Lane. They are proposing 120 building lots and 11 other lots. The annexation and zoning request and the Preliminary Plat, both are recommended for approval from the Planning and Zoning Commission. They have requested an R-4 zone, which is in conformance with the Comprehensive Plan. I believe the applicant is in agreement with all of the recommended conditions that are in the recommendation. I would like to point out just three items -- well, I guess there is a few more than that -- on the recommendation. Item Number 2, there is still some outstanding item on the sewer lift station that is there. Mainly, staff is just recommending that an analysis be a part of the conditions -- a positive result of an analysis be one of the conditions. The applicant has agreed to that, but there is still a little bit of outstanding study to be done from the Public Works Department to make sure that those sewer lift stations are going to work okay. On Page 3 of the recom.mendation, Item Number 7, a paving plan has been proposed. They are essentially just proposing to have two phases of the project. They are essentially splitting it in half between the north and the south, and approximately the same number of lots in each phase. The first phase does have two approved vehicle access points, so they are meeting the requirements of the Fire Department there with that first phase. I'd like to suggest one change there on Item Number 9 on Page 3 of the recommendation. It says a detailed landscape -- it should be a detailed landscape plan -- in compliance with the Landscape Ordinance shall be submitted for the subdivision and then the remainder should be struck and replaced with the Final Plat application. That's just -- that's a correction there. That Number 9 would just be added, a detailed Landscape Plan, and then strike the second line beginning, at least 10 days prior to the Public Hearing and just state, with the Final Plat application. Then on Page 4 of the recommendation, the applicant has submitted a revised Preliminary Plat that does comply with many of the conditions that staff originally had proposed. I'd like to suggest striking 14, 15, 16, and 18, because we do have a Prel iminary Plat that reflects all of those corrections. They have complied with those so we don't need to add those into the findings. De Weerd: Mr. Mayor? Corrie: Yes, Mrs. de Weerd. De Weerd: Brad, what is the date on that revised plat? Hawkins-Clark: The revised plat is -- revised September 2002. Well. actually, it's revised -- yes. The revision block was not -- with the date there. Yes. I guess the seal is correct. It is October 14, 2002 and I did receive copies of the final revised Preliminary Plat today, which I will give to the clerk for the record. That was October 14, 2002, that plat does reflect those items there. Then the last item I wanted to draw to your attention is Number 20 on Page 4 of the recommendation and it states the fence surrounding the perimeter of the project. We have a -- just to strike the perimeter and put Lot 10, Block 5. Meridian City Council October 15, 2002 Page 6 of 41 Bird: Is that 237 It says 21. That-- Hawkins-Clark: I have got Item Number 20 on -- Bird: Oh, the Preliminary Plat. Hawkins-Clark: Yes we are referring to the Preliminary Plat recommendation, not the annexation and zoning. Bird: Okay. Hawkins-Clark: But they do have a 1.6-acre private park in the center of their subdivision proposed. What this condition is referring to is the fence surrounding that 1.6-acre private park. We -- the Planning and Zoning Commission recommended that they go with a four-foot solid on the bottom, with a two-foot lattice on the top, and so that the rest of that condition is right, it just needs to refer to the Lot 10, Block 5, which would be the correct lot. Otherwise, I think all of the conditions in both the annexation and zoning and Preli~inary Plat recommendation are correct. Thanks. Corrie: Okay. Thank you, Brad. Any questions of staff? Okay. This is a Public Hearing. Is the applicant here? Is the testimony you're about to give the truth, the whole truth, and nothing but the truth, so help you God? Amar: Yes, it is. Corrie: Name and address, please, for the record. Amar: My name is Kevin Amar, 416 North Main Street in Meridian. Corrie: You have 10 minutes. Amar: Thank you. I will try to make it brief. Mr. Mayor, Members of the Council, we are here before you this evening for Castlebrook Subdivision. As Brad stated, we are in agreement with all conditions of -- or requested or recommended conditions of approval of this subdivision. We have worked from day one with the staff on that and have made some modifications to this plat based on their recommendation and ACHD's recommendations and we feel that this project that we have here before you this evening is a very good project. It has a centralized park and it really provides a subdivision that is community minded and that the neighbors can get to know each other in a centrally located park. First, for reference of the project ~- I don't know if ~- there we go. Cherry Lane and Black Cat -- this project is located directly to the south Coral Creek Subdivision on Black Cat Road. We do have approximately 40 acres, 120 lots. We are asking this evening for a recommendation of approval of the subdivision at three units to the acre. That is below the Camp Plan in this area and feel that this subdivision will not only meet the Camp Plan, but it is compatible with the subdivisions that were recently approved in this area and other subdivisions that have been approved within the City of Meridian. The subdivision itself has a 1.65-acre park in the center. Originally, this park was located up in the southwest corner and due to the canal setting off that portion, in meetings with staff, with your staff, they suggested that Meridian City Council October 15, 2002 Page 7 of 41 we relocate that park more to a centralized location. We did do that and feel we have a much better project because of that. This -- we have stub roads at this location, one on Slack Cat and EI Gato, or -- it is located here, that we will be improving. This has been approved by ACHD and changed slightly. Initially, we had two accesses onto Slack Cat. They changed that to one, due to site distance requirements and access requirements. Also to reduce the number of accesses onto the main road and that was something that ACHD stated and also something that your staff supported. We are connecting into Coral Creek through this stub road to the north. We have future connections to the east and then this will be a connection onto EI Gato. With regards to phasing, our phase line will be basically in this area. Our phase one on the northern half. Phase 1 we have met with the Fire Chief and they have requested that we have secondary access or two ways in, two ways out, on every project, so we will accommodate that with phase one. When the first house is started there will be two ways into this subdivision. Eventually, there will actually been four accesses into this subdivision. This is the location of the property as it currently sits looking -- this is the property, as it exists now. It's being used as residential. You can see Coral Creek here to the north. They have been raising cattle and some farming operations on the project and in one of these pJctures -- this picture, I believe, you can see the -- this would be this canal running through the project. We have worked with the Irrigation District in providing irrigation -- pressurized irrigation, also cross-access required, and that will be maintained by Nampa-Meridian Irrigation District. One of the features we are providing in the subdivision is some pretty strict CC&Rs. What we are finding throughout the valley, not only in Meridian, but other jurisdictions, that the residents that currently live there are interested in what are you going to do in the project. How is this going to affect us? What we feel -- what we have done in other projects and what we are doing currently in other projects is with the provision of some pretty strict CC&Rs, this will really provide a subdivision that people will be proud to live next to, live in, and a subdivision we will be proud to call one of our own. We have CC&Rs that we did provide to you in this packet. Some of the items that we put in those CC&Rs, each front yard will have a yard light with a maximum of a 50-watt bulb, All the roofing material would be an upgraded 25-year material and it all will be a consistent black color that gets away from, well, I think this is a light shade. I think this is a dark shade we have a consistency throughout the entire subdivision. We also require architectural components, such brick, stucco, rocks -- all of the houses that are going to be built in this subdivision will have to go through the architectural control committee and be in compliance with that. One of the other features we have is some pretty strict landscaping requirements and fencing requirements, that the fencing has to be up within 60 days from Occupancy Permit, the landscaping has to be up within 60 days of Occupancy Permit, weather permitting. Those things will enhance the subdivision and make it look nice continually, We have here pictures of -- my pointer is not working. This is Autumn Faire Subdivision, as well as some of these pictures -- as you can see, this one is under construction and if you go down to this one, it was recently completed, this is all landscaped, it's fenced, they have got the RV behind the fence, we don't allow on-street parking. Autumn Faire has the same CC&Rs as we are proposing in this subdivision. We have also got a subdivision called Oakridge Subdivision out in Nampa, but the same 1,400 square foot minimum, the same CC&Rs, as you can see streetscape here, you can see some of the home sizes, the homes in Oakridge Subdivision range from 1,400 square feet to 2,800 square feet. We really can see a variety of housing within that subdivision, yet still maintain a beautiful area that people Meridian City Council October 15, 2002 Page 8 of 41 will move into. As I said, we feel we have provided an excellent subdivision for the City of Meridian, one that we have been happy to work with staff on and we think we have worked very well with staff on. Again, we are agreeing with all the requested conditions of approval and at this time, we ask for your consideration in voting for approving this subdivision. Corrie: Okay. Any questions? Bird: I have none. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: What's the intention with the open space? Amar: Mr. Mayor, Council Member Nary, the open space in this location -- we are fencing it. That fence. will be maintained, as Brad stated, it will be a four foot solid and two foot lattice style fence. Now that fence will be maintained by the homeowners association. What we don't want is a fence that's going to not look attractive and it will be an area that kids can go out and play, trees, grass, underground sprinkler, meeting the landscape ordinance. Nary: There wasn't any intention to have playground equipment or anything else just grass? The fencing is adjacent to the homes adjacent to the park, is that what it is? Amar: Yes. On this boundary and this boundary we are not fencing this, we want it to be more of an open feeling. Also, with the two-foot lattice on top, that will give more view to the park from those neighbors, so it will be a safe park. We have got a view all the way around. As far as play facilities, we hadn't planned any at that time. What we are seeing is people want more of an area to run around, play soccer, and play Frisbee or whatever they want. It's a large, 1.65 acres, that they can do that. Nary: There are no benches, there is nothing else, just grass? Amar: Correct not planned at this time. Nary: Is there any variation in house sizes or lot sizes? I mean on the drawing it doesn't appear to have any variety, so -- Amar: We can -- apparently, Ms. Wildwood has prepared a comparison and will go over that with regards to what the variation is and what it looks like, if I may defer that question. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. Meridian City Council October 15, 2002 Page 9 of 41 De Weerd: I noticed on the plat you do have the different square footage sizes on there, but on your park, is that also a drainage area? Amar: We don't intend it to be at this time. De Weerd: Okay so it's not recessed any? Corrie: If our engineer tells us we have to, we will, but at this time we don't -- we want it a park. If it's recessed, it will be slightly only. It is a large enough area that it won't need to be a deep pit, if you wilL I know some areas around the city -- and I have spoken with your engineer about that and they are concerned, as well as I'm sure you are, about providing an area that is usable open space. This would be -- this park will be something that we will be using as marketing and telling people you're going to have the park, so when it's built we have provided an area that will be telling people it's true. It's going to be an area that's usable open space, extremely usable open space. De Weerd: Well, it seems to me like Coral Park just to the north had an extremely high water table. Weren't ~here some issues with that water table? Does this property have the same issues or -- Amar: We have been monitoring this property. We have hired MTI, Material Testing Inspection, to go out and monitor this property for groundwater. We found varying reports. They have got a report out to us now, but it looks like the depth of that groundwater is about seven to eight feet, which we are trying to take those when people aren't watering. Obviously, when they are watering it would two feet deep or one foot deep. What we are finding is this should not have the groundwater problem. This is not -- other than this location here, it doesn't have any drainage that runs next to it, which seems to help in a lot of our projects -- or a lot of our projects that we do. Typically, the water is drained and -- with regard to -- I'm going to address that. With regards to the pumping, we also know that there is no -- the City of Meridian doesn't want mosquito ponds as well, as Brad Watson pointed out today, and I wholeheartedly concur with that. De Weerd: The mosquitoes are really bad out in that area to begin with, so, yes, you don't need to add to -- Amar: I used to live near that area and I understand. There is -- they like that area. De Weerd: Yes they do. Now also I notice that the school district wrote a letter that said that they would not be guaranteeing that the kids would go to their designated school, because of the crowding issue. How will you be notifying people going into that subdivision of that potential probability? Amar: We have met with Wendell Bigham on numerous occasions and he did tell us about that that was a problem. That is something we will have to do as far as a marketing disclosure, as people go in and talk to the realtors that we have marketing this, have something provided saying your children will go to school, although we are not sure which schools they are going into. A recent conversation with Wendell, that may be resolved or the question may be easier to answer with the bond being passed. Meridian City Council October 15, 2002 Page 1 0 of 4] They have to look at some boundaries and things of that nature again, but he felt comfortable that he was getting closer to be able to answer that question. We are aware of that issue and that's something we will be working with the school district, as well as the potential owner within that property to understand that the kids will be going to Meridian schools at a location to be determined by the school district. De Weerd: Okay. Well, it's nothing against realtors, but we have found that quite often those messages are not generally delivered. Amar: I understand and we provide those realtors a form that says what I stated to you and so they can hand those to potential owners, rather than remembering to relay that to them. We try to make their job as easy as possible also, remember, when they come in we hand them this. We have done that in other areas with regards to farming, with regards airports, that at this date there is farming going on in this area, and those forms seem to work out pretty well, because people do not that ask something they have in their hand and can read. That's been something that's been pretty successful for us in our marketing. De Weerd: You may want to include mosquito abatement's phone number on there. Amar: We can include that on there. De Weerd: I have nothing further. Corrie: Any other questions? Bird: I have none. Corrie: Okay. Amar: Thank you. Nickels: Mr. Mayor and Council -- Corrie: Raise your right hand, Shawn. Is the testimony you're about to give the truth, the whole truth, and nothing but the truth, so help you God? Nickels: Yes, sir. Corrie: Name and address, please. Nickels: Shawn Nickels, LCI, 52 North 2nd Street in Eagle. It's been awhile since I have been here. I forgot I had to raise my hand. Very briefly, the plan you see in front of you is a result of many meetings with not only your staff, both Brad and Brad, were great working with -- we brought this property in before we even threw a design on it to find out what they recommended and what the Comprehensive Plan and ordinances would allow. Staffs suggestion of moving the park I believe created a much better design that you see if front of you today. We also met two or three times with Joe Silva of the Fire Department to make sure he was satisfied with our street layouts and, again, that's a Meridian City Council October 15, 2002 Page 11 of41 result of that, including the phasing plan to allow him proper access for both phases at all times. With regard to the school district, as Mr. Amar said, we did met with Wendell Bigham at the onset of this to find out any concerns he may have. He did indicate that no guarantees of where the children would be going, to what school, no promises, and we indicated that in the marketing disclosure we will explain that and mosquito abatement, that, too. The Comprehensive Plan and the Zoning Ordinance have been met on this and I will stand for any questions you may have on the design. Corrie: Questions of Shawn? De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: You said for only in terms of the analysis or doing it in regards to the sewer and the capacity, is that -- when you said that, is that what your phasing plan is in regard to, what the sewer capacity can withhold -- or withstand? Nickels: I don't know. I don't think it was and we are working with Brad. I know some further analysis is going on out there with regards to sewer. That's all I can really answer on that but the phasing plan was just done for how they want us to develop the property was with those two phases. De Weerd: Well, I guess, Mr. Mayor, my question, then, is for Brad. What -- as I understand it, you're doing further analysis. What is that in regard to? Watson: Council Member de Weerd, Mayor and Council Members, the further analysis is pump motor monitoring at the Ashford Greens lift station that the Blackstone lift station will discharge to. We have flow monitoring data and I have looked at that. The problem we have had -- and you probably don't want to hear this story, so I will keep it very short -- we are trying to add the third pump at Ashford Greens lift station, we have been trying to do that over the last two months. The supplier supplied the wrong thing -- long story short, it will be installed next week, so we don't have that information yet to make a full determination. There is nothing insurmountable about sewering this lift station. There will need to be some upgrades to the Coral Creek-Blackstone lift station and they are fully aware of those. De Weerd: Okay so it isn't an issue of whether we can sewer this at this time with the lift stations that we have or we are putting in.? Watson: No, Council Member de Weerd, it's more a question of what kind of improvement to the Coral Creek lift station will they be responsible for. De Weerd: Okay. Thank you. Thanks. Corrie: Thank you. Is the testimony you're about to give the truth, the whole truth, and nothing but the truth, so help you God? Wildwood: It is. Thank you. Meridian City Council October 15, 2002 Page 12 of 41 Corrie: Name and address, please. Wildwood: For the record, my name is Susan Wildwood, I'm an Attorney with offices in Boise, Post Office Box 6502, and I'm here on behalf of the applicant. Very quickly, we understand that we are responsible for any required upgrades to the sewer and I did want to point out one thing with regard to this property. There is a -- one of the reasons for the drainage is there a slight elevation difference between the southern half of the property and the northern half. The south half is actually a little bit higher and we will, of course, be working making sure we don't have a mosquito abatement problem down in that particular area. We don't own the property that's actually in the drain that goes into Coral Creek, but we will be doing everything else we possibly can to make sure that is not a problem. Working on the marketing disclosures, I prepare that as a marketing disclosure and those are the kinds of documents we insist that the realtors use those. We try and check those pretty carefully, because we don't to have somebody coming back and saying, hey, you forgot to tell us about this particular problem. I had prepared part of the packet that you received tonight and you got a small copy, almost impossible to read, but at least you have got a copy, and we weren't sure what we would find as far as a presentation go~s. You also have a copy of the key that's on this particular display. What we tried to do is take a project that you had seen the developer before, Autumn Faire, and do an exact comparison that you were asking for, Council Member Nary, Mr. Nary, and Mrs. de Weerd. What we have here is Autumn Faire and then we have this particular project. I color coded it, so that you can see on a visual rendition the proportionate amount of lots and then on this particular key it gives you the exact number of lots, the percentage of the total lots, and then the percentage of that same size lot in Autumn Faire. The second line that has pink, 9,000 to 9,999, for 23 lots, what the 31 percent that's in parenthesis means is 31 percent of the total development is 9,000 square feet or larger. That gives you the comparison that you were looking at. I broke it down lot and block and then color-coded it, because I, myself, can't track these things, I have got to color it, because the numbers all blur together for me. You can see the distribution. When we changed the park from this area, in order to have a -- to develop it correctly with an access, we ended up with these size lots in this particular area, so that we would have the hammerhead be able get in and utilize that particular lot configuration. The other two things that I provided for you in color is a streetscape that actually exists on the other display that Kevin is showing you. This is at Oakridge. Then this is the entryway into Autumn Faire. We have here another possible entryway that we can utilize in Caroline Place, which is actually over in Boise. Because Coral Creek has meandering sidewalks, we will be matching that along Black Cat, so that we will have consistent sidewalks matching with that and that's actually illustrated here, which is Campton Heights also in Meridian. Then this is some of the exterior landscaping at Autumn Faire, but just to show you that this is brand new landscaping and the exhibit that we had in here showing Oakridge, shows how this project was built out less than five years ago. This just gives you an idea of the streetscape requirements and what the streetscapes will look like internally. I think it's helpful when you look at what this developer does in other projects with the same restrictive covenants, what it is actually going to look like when you get there. The other thing that I provided for you, these are fliers that I pulled from Autumn Faire and I took the smallest lots in the subdivision -- they are actually key to these lots and these are the actual houses that are built and for sale in this particular area. You can see the lots sizes generally far exceed the 1,400 square foot minimum. In fact, the house that exists Meridian City Council October 15. 2002 Page 13 of 41 -- this little house right here is exactly the -- I don't know if you can see this. I'll point it out. The two houses -- and there were others, but I found these houses of particular note. This is rather a large customhouse, it's actually got the flier inside there, and I can't remember which one it is. This one is, actually, a starter you home and it has a funny story. The gentleman who is building it is a young man of 24, it's his first home, and he is a framer. That house is 2,000 square feet on the main level, it's got a 500 square foot bonus room, and it's a gorgeous house. And it's on a pretty small lot. The reason he was able to build that house -- I talked to him yesterday. The reason he could build that house for him and his new bride was because the lot prices were so reasonable. I just wanted to show you what is possible in a subdivision, even though you don't have the giant lot sizes, I hear quite a mix between tiny lots, big lots. This is a snowbird couple. A delightful couple. They have, obviously, their two-car garage here, they have rather a lovely motor home, and they were just getting the landscaping set up and they are ready to head off to Arizona. That's also in Autumn Faire. What I want to illustrate for you is that these are -- the CC&Rs are very strictly enforced and it results in a very nice development and we think that that's the same product that we have brought for you today. With that, thank you, Mr. Mayor, I will stand for any questions. Corrie: Any questions? Thank you. Wildwood: Thank you. Corrie: I had one person signed up for the Public Hearing. Mr. Soo Lee? Is there anyone from the public that would like to issue testimony? That's you? Thank you. Is there anyone else from the public that would like to issue testimony tonight? Okay. Council, any questions that you need to discuss while the Public Hearing is still open? Bird: I have none. Corrie: Okay. If there IS none, then, I will entertain a motion to close the Public Hearing on Item Numbers 7 and 8, request for annexation and zoning of Castle brook Subdivision and the request for Preliminary Plat. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I move we close the Public Hearing on AZ 02-020 and PP 02-016. McCandless: Second. Corrie: Okay. Motion has been made and seconded to close the Public Hearing on Item Numbers 7 and 8. Any further discussion? All those in favor of the motion say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES Corrie: Let's take them one at a time, then. Item AZ 02-020, request for annexation and zoning. Any discussion? Meridian City Council October 15, 2002 Page 14 of 41 Bird: I have none. Corrie: Okay. Hearing no discussion, I'll entertain a motion on the request. McCandless: Mr. Mayor? Corrie: Mrs. McCandless. McCandless: I move that we approve AZ 02-020, the request for annexation and zoning of 39.96 acres from RUT to R-4 zones for proposed Castlebrook Subdivision by Crestline Development, LLC, at 950 North Black Cat Road, to include the staff comments and have the attorney draw up the proper papers. Bird: Second. Corrie: All right. Motion has been made and seconded to approve the request for annexation and zoning AZ 02-020. Any further discussion? Hearing none, roll call vote, Mr. Clerk. Roll call vote: McCandless, aye; Nary, aye; DeWeerd, aye; Bird, aye. Corrie: All ayes. Motion for the request for annexation and zoning approved. MOTION CARRIED: ALL AYES Corrie: We have the request for Preliminary Plat. McCandless: Mr. Mayor? Corrie: Mrs. McCandless. McCandless: I move that we approve the request for Preliminary Plat for PP 02-016, approval of 120 building lots and 11 other lots on 39.96 acres in a proposed R-4 zone for proposed Castle brook Subdivision by Crestline Development, LLC, incorporating staff's comments and the attorney to draw up the proper papers. Bird: Mr. Mayor, I'll second that, but also include the recommendations of the staff on that -- McCandless: Yes. Corrie: Yes. 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: Okay. All ayes. Motion for Preliminary Plat is approved. MOTION CARRIED: ALL AYES Meridian City Council October 15, 2002 Page 15 of 41 Item 9. Public Hearing: CUP 02~023 Request for a Conditional Use Permit to place a Class A manufactured home on a permanent foundation in an L-O zone for Treasure Vallev Worship Center by Treasure Valley Worship Center - 50 West Spicewood Drive: Corrie: Item Number 9 is a Public Hearing. It is a request for a Conditional Use Permit to place a Class A manufactured home on a permanent foundation in an L-O zone for Treasure Valley Worship Center by Treasure Valley Worship Center, 50 West Spicewood Drive. At this time, I will open the Public Hearing on the request for a Conditional Use Permit and have staff comments first. Hawkins-Clark: Thank you, Mayor, Members of the Council. The application before you is on property that has an L-O zoning. The Planning and Zoning Commission's recommendation is dated October 10th that you have. The site does have an existing church. The Treasure Valley Worship Center is currently located there with a single- story building and their parking lot. They have quite a bit of vacant ground that is to the north of the church. They are proposing to place a manufactured home on a permanent foundation there at the north boundary. The Planning and Zoning Commission did have some opposition at that point in time. Primarily they discussed the landscaping that is currently on site and the maintenance of that. There was some discussion about that at the Planning and Zoning Commission and they primarily wanted to insure that the revised landscaping is in conformance with the Landscape Ordinance, so staff would insure that that happened at the time of the Certificate of Zoning Compliance. There is a Development Agreement that is on the property that runs with the land. That Development Agreement was reviewed by staff at the time and it also does deal with landscaping issues, most of which -- well, all of which we feel can be handled and we would address that they bring that -- Meridian and Spicewood Drive landscaping into conformance with our current Landscape Ordinance. They have been asked to paint the manufactured home to match and compliment the church on the existing structure. They have also been asked as a part the conditions to provide signage that's in accordance with our zoning ordinance. There are some temporary signs that have been noticed on the property off and on and we would simply ask that those temporary signs also be in conformance with the city ordinance, which basically does not allow them, unless they do get a temporary Sign Permit, and that's only for 20 days at a time. I believe that the -- the Ada County Highway District conditions are in there, standard conditions, and I don't have any modifications to the recommendation and, as I said, the Commission did recommend approval with the conditions shown there. Thanks. Corrie: Thank you, Brad. Any comments from the Council? Questions? All right. Okay. Is the developer's representative 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? Cruz: Yes. Corrie: Name and address, please. Cruz: My name is David Cruz, I'm the Assistant Pastor at Treasure Valley Worship Center, and I reside at 181 North Liberty in Boise. We are presenting to you a Conditional Use Permit request for placing a manufactured home upon our property. It Meridian City Council October 15. 2002 Page 16 of 41 is in compliance with the Meridian City Code, it is a Class A manufactured home, six inch walls, with wood siding, shingle roof. The home was donated to the church. We are, frankly, out of room for our Sunday School and et cetera and this would be a great help as we continue to grow. The issues that were presented just a moment ago are very agreeable to us, to bring the Landscaping Ordinance into compliance with the city. We understand that and we understand that we must have that done before a Certificate of Occupancy can be issued and we are in the process of totally revising our sign system, it's already in the works. It hasn't been done yet, it's in the process. Corrie: Okay. Any questions of Mr. Cruz? Okay. Thank you very much. Testimony from the public, we have Mary Ann Gould. You first. Is the testimony you're about to give the truth, the whole truth, and nothing but the truth, so help you God? Gould: It is. Corrie: State your name and address, please. Gould: My name is ~ary Ann Gould and I reside at 106 West Chrisfield, which is the next street after the church. That's Spicewood. To the north. I just have a few comments. I agree they have fixed it up and they are taking better care of this after going into a -- to try to get their permit, but we really have had a lot of mess over there in the past. Last winter they had two older camper pickups like parked out in the parking lot, one with a satellite dish on it. I don't know who might be living in it, but it was really very trashy looking. Those are gone now and they have put in a nice- looking, small, storage building, but I feel like we are going to keep adding little buildings here. One of the main concerns is on Spicewood on Sunday morning you can't hardly drive down the road, you cannot get access to the Idaho Statesman box that they have there that has got papers, because there are cars totally lining everything and they are saying that this building would be used for overflow. Well, they don't have room for overflow, because they have no parking. They do own the lot across the street, but they have done nothing to develop that to make room for the parking problem that they have caused there. Even on the afternoons -- they do have a small parking lot and even in the afternoons it can be half full to full for activities, I guess, that are going on there. The landscaping has improved, like I said, since this request went in, but we really have had a lot of problems with weeds and kind of messy things there. They have improved that a little, but now -- and they have begun watering regularly, so the grass is green. The other thing -- and he said it's donated. It's donated, but we understood at the Planning and Zoning Committee that this is a used manufactured home that someone has donated and I guess it seems like there is development up the street, there is a park coming in right down the street. I just kind of feel like if they put this modular or manufactured home in there, that it will kind of bring down the property values and so that is my concern. Corrie: Okay. Thank you, Mary Ann. Any questions of Mary Ann? Okay. Thank you. Donald Ford. Is the testimony you're about to give the truth, the whole truth, and nothing but the truth, so help you God? Ford: It is. Meridian City Council October 15, 2002 Page 17 of 41 Corrie: Name and address, please, for the record. Ford: My name is Donald Ford. I live at 121 West Chrisfield, just around the -- about five houses down from the church position there and, of course, our only access, Meridian Road, is right by the church lot. In the past it has been, the upkeep, pretty bad, but since they have put into this, why they have straightened it up there and the upkeep of it doesn't bother me as much as their volume of business there in a small place. Then they want to fill up the rest of the lot with this manufactured home, which I don't think is really too good for the neighborhood. Then there is already too much traffic in and out of there during the week and Sundays and that was my concerns about it. Corrie: Okay. Thank you. Tyler Rountree. Is the testimony you're about to give the truth, the whole truth, and nothing but the truth, so help you God? Rountree: It is. Corrie: Name and ad~ress, please. Rountree: Tyler Rountree. I reside at 99 West Chrisfield Drive, right next to Mr. Ford. My comments are very parallel to what Mr. Ford and Mrs. Gould have stated. The church is proposing to bring in a manufactured home and put it in on their existing church property that they own. First and foremost, the building that they are bringing in was presented us at the P&Z meeting as used. It was donated. In that particular development where the church is at, the homes around that area, there are no manufactured homes around there. I think a manufactured home would kind of go against with what is currently existing as far as property around the church. The other issue that is really at hand for me is the traffic. The current church parking lot right now has 30 spaces. In the P&Z meeting, Mr. Cruz's response to that was that they had split services on Sunday to the church to try and compensate for parking, which they did -- they do have two services on Sunday, both of which are packed, there are cars lining the street, the parking lot is full. I would like to see, prior to them putting the building on the lot, that they expand their parking over on the other lot they own on the south side of Spicewood. The other thing is just the general upkeep, like they stated, the maintenance of the landscape. I entered to the city some pictures that were taken the day of the last City Council Meeting and I don't know if you guys have copies of those -- of the pictures that I submitted or not? Okay. I do have pictures of what was corrected after the meeting and what things currently look like. I think that the landscaping the church has always had is very substandard. I would also like to comment -- my comment that I made at the P&Z meeting was that the church has not been a good neighbor to the City of Meridian. Mr. Cruz agreed to that in his testimony in front of P&Z. They have not up kept -- the upkeep of the property has been very poor. When the church was built, the city actually -- again, I talked to P&Z to try and get some more information on this. The information -- I don't know if it couldn't be found or it was hard to find, I didn't have a whole lot of time put in front of me to get the information, but what was recollected from my memory was -- is the city actually had to pursue the church to get them to go ahead and landscape once the temporary occupancy permit was given to them. It was kind of a battle between the church and the city. Mr. Cruz's response to the poor landscape maintenance has been that the church has had problems with the Meridian City Council October 15, 2002 Page 18 of 4 ] sprinkler system, wasn't able to be it repaired, they did finally get it repaired -- as you can see from the pictures I have got here. The weed problem has been somewhat addressed, some of the grass is starting to grow back. They did make an effort to get things picked up after the P&Z Meeting. Basically, I would like the city to make the church prove to the city that by building the building on this property they can be a better neighbor to the city. I truly believe that the church has not been a good neighbor to the city. Corrie: Okay. Any questions of Tyler? Bird: I have none. Corrie: Okay. Thank you, Tyler. Appreciate it. Anyone else like to issue testimony? Okay. Mr. Cruz, if you'd like to answer some of these questions that they have brought forth, you can answer for them, and also if Council has any questions. You're still under oath, so -- Cruz: Mr. Mayor, Co.uncil Members, and we -- we do not dispute many of the things that were said. As far as the traffic concerns, we understand. We are concerned about it. However, the cars that are parked on Spicewood are not illegal, it's a perfectly permitted parking area. Our parking lot is in conformance with the codes of the city for the amount of parking needed for the necessary amount of people are allowed in our sanctuary. As a matter of fact, the parking lot exceeds that. As far as the -- again, as far as the landscaping goes, I have no problem with what they are saying, because it was a mess and I, actually, want to thank them for bringing it to our attention in such a way. We are striving to do the best we can. As far as the home goes, when the completed project is done, the house will look no different than the other building that is on there now. McCandless: Mr. Mayor? Corrie: Mrs. McCandless. McCandless: Where is the house going -- or the manufactured home? Is it going in the parking lot? Cruz: No it's on the north side of the property. We have a storm drain retention pond, a temporary retention pond, and behind it approximately ten feet, the home will sit across there and it is setback 20 feet from the residential fence. McCandless: Thank you. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Mr. Cruz is the intent, then, to have that facility -- you said for overflow. Is the intent of that is to expand the service on that property? Meridian City Council October 15, 2002 Page 19 of 41 Cruz: Eventually, we will add a larger sanctuary and another building. Nary: So this is a temporary -- Cruz: No it will become permanent. We understand from the Planning and Zone that we would have to resubmit in 18 months to verify that. It's going on a permanent foundation. Nary: Okay. I guess the terms I'm hearing -- one of the concerns from the neighbors is that, basically, you're going to be expanding the use. They are feeling like the building that you currently have and the capacity that you have, you already overuse the parking lot and now they feel you're impacting the neighborhood streets with parking. By adding, essentially, another building to use as a temporary -- or as an overflow, you now can expand the use by having more people on the site at your services. Therefore, they are going to park even further into the subdivision and further causing a traffic problem for these folks. That's what J was hearing, I guess. How do you address that? Cruz: The building t~at we are proposing to bring in is going to be classrooms, not going to be, necessarily, for the services themselves. We, right now, inside the present building, it is cramped, and we need the additional space to take our youth department out and put it in that building. Nary: But if I heard you right, you said you currently don't exceed the capacity -- Cruz: Of the sanctuary. Nary: That you're allowed to have. Cruz: Right. Nary: So now you will have that same number of people, as well as this other building to put people in. That still says to me more people are going to come than are coming now, because you have more space to put those bodies. Cruz: Well, we hope so. Nary: Sure and that's great but you're not adding any parking facilities at all to this site, you are only adding a building without corresponding parking. I have a feeling you are increasing your population to your service, but there isn't adequate parking currently and now you're adding more people to it without any parking again. I guess that's what I'm hearing and I guess I'd like for you to address that. Cruz: In our early morning services, the very first service we have, we average about 25 people, for example. By doing this we want to continue to encourage people to come to the first service, so we can create more room. Still, about 80 percent of our people come to the second service. Herein is the problem, you know, with the parking. With the addition of the second service, we plan to have that space until we are able to expand. I mean the master site plan does call for a proposed parking lot on the lot Meridian City Council October 15. 2002 Page 20 of 41 across the street, south of Spicewood, and there will be -- I think there are 65 proposed parking places in that. Nary: Mr. Mayor. Brad, on this -- on this increase that this building is going to cause, I guess I'm unclear as to why parking isn't a factor. Is this parking adequate in anticipation that more people are going to be attending at this time, so it won't be overcrowded? Because they are saying they are overcrowded now, so -- Hawkins-Clark: Councilman Nary, Mayor, Members of the Council, the code says you have to have one parking space for every five seats in the sanctuary. The code doesn't address accessory buildings per se, which is -- essentially this is an accessory building. In terms of the code, we felt like we didn't have the basis to say, you know, this is -- these are additional seats within your auditorium that justify these -- the application is all we had to go off of, the application states it would be used for a classroom and overflow. The classrooms -- our assumption was -- would be for those that currently come and attend, but -- so I think that was the reason that the staff didn't say that that's -- that parking lot, which they do show on their master plan south of Spicewood. We are saying that when they. do that, that needs to come through with another Conditional Use Permit that's totally separate from this. Nary: So if this were an attached addition to the building, we would consider it to be part of the sanctuary. Therefore, then, we would be looking as to whether or not service was being held in it and whether or not there is that seating and, therefore, in relationship to the parking spaces is that the analysis we are talking about? Hawkins-Clark: Right. Nary: Okay and in this circumstance, I guess what troubles me is the use of the word overflow, because as I look at overflow and say I don't have enough people for my church service that can fit in this building. They can fit in the other building. They find a way to do -- find a way to transmit to that building, so that the same -- so more people can come and I guess the overflow to me is a concern, because] guess the use of that term and maybe that it's the same to Mr. Cruz, it's just overflow for classes. Cruz: Yes. Nary: Is that correct? Cruz: Yes, sir. Nary: And it wasn't intended to be used as overflow and it wasn't interpreted as overflow to the service. Cruz: Right. Nary: Okay. Thank you. De Weerd: Mr. Mayor? Meridian City Council October 15, 2002 Page 21 of41 Corrie: Mrs. de Weerd. De Weerd: So you won't be doing any adjustments internally in your building to enlarge your sanctuary -- Cruz: No. De Weerd: -- as a result of this? Cruz: No. De Weerd: And you also had mentioned that it was -- that some of these issues were brought to your attention at the P&Z Hearing. You didn't notice that your landscaping was in need of some help prior to that. Cruz: Yes, we did. Just I think that the issues that were brought forth just got us on the stick. You know, we apologize for the bad upkeep. Part of it was our sprinkler system, part of it was not taking proper care. De Weerd: You mentioned that this building would look similar to the building you have on site. Cruz: Yes. De Weerd: So will you be bricking it? I -- as I understood it, this was a temporary building. Cruz: Well, it will become -- we proposed for it to become permanent after the 18 months of this petition for permit for 18 months, and then we will reapply at that time to make it part of the entire overall plan. De Weerd: So perhaps in that 18 months you could prove to the neighborhoods that you do intend to upkeep your property and the building and then you will be doing some brick facade on this? Cruz: I'm not sure about the brick. Primarily the painting and the trimming of the -- to match our current building. We do have some type of brick, which we could do. De Weerd: Okay. Thank you. Corrie: Is this the same building that's out there now that has the television disk or that dish, is that -- Cruz: We removed it. It's gone. Corrie: The dish is gone, but it's the same building that's going to be still there? Cruz: The storage shed, yes. Meridian City Council October 15, 2002 Page 22 of 41 Corrie: Okay. I think that the minister -- correct. Would you like to testify here on this -- are you part of this church? Okay. Would you like to come up and maybe you can help here a little bit. Thank you. Slider: My name is Gordon Slider. I reside at 2162 East Katelyn Drive, Meridian, Idaho. Corrie: Is the testimony you're about to give the truth, the whole truth, and nothing but the truth, so help you God? Slider: It is. Corrie: Okay. Slider: The question was is this the same building that had the satellite dish. No, it is not. That was a camper trailer. That has been removed. It's been gone for some months. Corrie: Okay. Okay.. You understand that the neighbors are a little bit uptight about some landscaping and everything else. Slider: We learned that at the P&Z Meeting, yes, and we have taken some steps already to rectify that. We mentioned the sprinkler system was fixed. Put out some weed control for the dandelions, done some work on the bushes and the landscaping. Corrie: Okay. Any other questions? Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I guess I'm a little -- I'm still a little concerned when neighbors are saying currently the volume of people there is not adequately served by the parking and all these people are parking in their neighborhood. If this building is attached to your current building, you would be required to enhance your parking. Slider: No. Hawkins-Clark: I guess I'm unsure as to why -- why it's going to be really any different because it's not attached to the building. Slider: There is two parts to the answer to your question. First of all, my understanding is that the parking requirements are based on the number of seating capacity in the sanctuary, which is the largest room in the building, and my understanding is that we exceeded that when we built the building in the first place. Secondly, the intended use for this is a youth classroom center, so it's not going to really appreciably increase car traffic, because these are kids that are either coming in on the church van or their parents are bringing them or something like that. There may be some, but not as much, as if it were an adult facility. My guess is that there is enough leeway in the present parking -- frankly, I haven't done the research on this, but my guess is there is enough Meridian City Council October 15, 2002 Page 23 of4l leeway in the present parking lot to cover the expanded -- well, it wouldn't make any difference anyway, because that's based on the sanctuary and our sanctuary isn't changing. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I do understand Council Member Nary's concern. The parking, you know, disregarding that our ordinance is all based on the sanctuary side, you admit that there is great overflow, there is a parking issue, and that's kind of a mixed blessing right? It means your church is growing, but there needs to be a solution to your parking issue. I know other churches that are growing by leaps and bounds are finding parking solutions, so they don't impact their neighbors and they continue to be a good neighbor. One church is having them park down the road and they are using their church bus to bus the people over to the church, so they don't have that kind of impact on the neighboring subdivision. There are some things that maybe your church can be doing in response. One of t.hose is paving the lot across the street and providing the parking on site, as you have the ability. We all know that costs money and -- but it does look like you need to find a solution to the parking issue, so you can be a good neighbor. Slider: You're all looking at something on your computers. Do you have photos there? Is that what you're looking at? Of the parking lot? Okay. I have never even seen these photos, but ] -- it was brought out last time that there were people parking across the street on an undeveloped piece of ground. That was without my knowledge and I have since addressed that on Sunday mornings that that's not allowed, we cannot do that. The reason that our drawings show the parking lot across the street is because that's our next step. That's what we want to do and so, as soon as we are able to raise money to do that, we will do that. We have no desire to not comply with city regulations or to be a bad neighbor. That's not why we are here. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: The pictures we are looking at are the ones that were submitted by your church with your application. Slider: Okay. I thought maybe you had pictures of cars parked all over the place or something. Okay. Nichols: Mr. Mayor? Corrie: Mr. Nichols. Nichols: If I may ask a question of Pastor Slider. Would 18 months be enough time for you to include the parking lot as part of the building connection? Meridian City Council October 15, 2002 Page 24 of 4 ] Slider: I don't know that I'm prepared to stand here and make a commitment. It certainly sounds like a goal worth aiming at. I mean to take that back from the City Council as an encouragement, I think that carries some weight. There was some mention before of an electrical pedestal that was put on the piece of ground across the street. We got city permission to do that and the thought was that we would try to at least get that into grass, as opposed to the weeds that are there right now so that it would clean it up a little bit. We thought to do that we would need water and electricity for a sprinkler system, that was the whole point of doing that. Under the amount of money we have got right now on this project, if we have money, which I'm not sure we will now, but if we do, that's our intention, because we want to clean it up, so -- Nichols: Mr. Mayor? Bird: Mr. Nichols. Nichols: Mr. Mayor, Members of the Council, just a reminder. This is a Conditional Use Permit application and if there are circumstances surrounding a development, which create an impact upcm a neighborhood. You do have the ability to impose some conditions, as part of the approval, to mitigate any effects that might already exist or be perhaps exacerbated by the development. If I understand the application correctly, the church has to wait 18 months after the -- Brad, I guess this is a question to you. Does the church have to wait 18 months after the home is on a permanent foundation in order to get some kind of final approval for us to decree it as a permanent fixture or -- I'm not quite sure where the 18 months comes from. Hawkins-Clark: Right. Mr. Nichols, Mayor, Members of the Council, I believe Pastor Cruz was a little bit off. The condition that we have included in our report is the standard ordinance, just that this permit expires after 18 months. It's not that they have 18 months on which to put the manufactured home there and then there is some other approval process. It's simply that if, after 18 months, the building project is not begun, then the permanent expires and they would have to start again. Corrie: Is that your understanding? Slider: I'm learning it. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Brad, have there been -- hasn't there been some situations where we have had to place time limits on a Conditional Use Permit, though, and have the applicant come back to reapply to maintain it? I'm thinking -- I recall that we have -- and I can't recall if it was when I was on the Planning and Zoning Commission or here. We had an issue similar to this, with some portable types of buildings on the -- the church that's on Linder, the Assembly of God Church. They had to come back to ask to make it permanent or not have anymore time restrictions to do that and that's just what rings a bell to me and so I guess my question is how do we place some time restrictions to see that some of these issues -- or some of those types of concerns are being addressed? ( Meridian City Council October 15, 2002 Page 25 of 41 Hawkins-Clark: Councilman Nary, that's the one example I was thinking of, was they also had portable buildings on the south end of their project there on Linder Road and they were required to come back after one year, but I think it was more like three years, it didn't go. Yes, certainly, I mean the -- and we have added other clauses that says, you know, this permit going to be inspected upon ten days notification to the permit holder. That's also standard ordinance. We would, as a department, certainly track any such condition that the Council would want to place. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I believe that was a temporary building they had come back -- they did not -- it was a different application than what this is. Hawkins-Clark: That's true. This is a permanent foundation. Bird: They had tempqrary removal buildings and they wanted -- then they would come back to us after they wanted to put the permanent foundation. Hawkins-Clark: Thank you. Yes. That is a difference. Yes. Bird: Different application. Mr. Mayor? Corrie: Mr. Bird. Bird: Brad, I believe that on these conditions, we could -- and I understand that it costs, like Mrs. de Weerd said, that the cost of asphalt and a parking lot, isn't cheap. I'm sure the neighbors would be happy if you would put it in grass or something. I have seen people park on grass, you know, on Sunday mornings or something. I have a church across from me that has parking on the grass once in awhile when they get busy and -- instead of parking on the street, so -- I think that something should be done with that parking lot as fast as possible to keep -- it's not only for the city, it is a big safety issue to have parking on both sides of the street. We still don't want to discourage the church from building and drawing in patrons, so -- but I think there is something that maybe we could, if you so desired, we could put something on the parking, a condition on the -- Corrie: Okay. Any other questions? Bird: I have none. Corrie: Okay. Thank you. Council, do you have any other questions on the Public Hearing? Bird: I have none. Corrie: I'll entertain a motion to close the Public Hearing on CUP 02-023. Bird: So moved. MeridIan CIty Council October 15, 2002 Page 26 of 41 McCandless: Second. Corrie: Motion has been made and seconded to close the Public Hearing on request for Conditional Use Permit for Treasure Valley Worship Center. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES Corrie: Discussion? De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: Since the cat seems to have gotten everybody's tongue up here, I'll start. I do believe that many of our churches are bursting at the seams and trying to accommodate their congregations. In the meantime, the neighbors' concerns are very legitimate and I hate ~o try and legislate trying to be a good neighbor, but -- and I do believe the church desires to be that good neighbor. In the meantime, there is a safety issue. It's not good to have the type of parking issues in the neighborhood and have that kind of impact. I would be in support of -- with this Conditional Use Permit, putting some sort of an added requirement to address the parking issue and a temporary nature and perhaps give a time frame that the church could use as a goal to address it on a more permanent basis. Grass the parking across the street and then within a certain length of time to asphalt it up to City Code. It is apparent that our ordinance is somewhat antiquated as far as the size of the sanctuary, because many churches are overflowing with their parking, many of them are finding temporary solutions to address that, without us having to ask them to do that. j think in this case it seems reasonable to do so. Corrie: Further discussion? Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I guess j would concur with Councilwoman de Weerd. I think what I heard the neighbors saying was that they didn't have -- I didn't hear an objection to this building in itself, that the building in itself wasn't compatible. What I heard was that the concern of the neighbors is the growth of this church, which this building is a part of, is going to impact their neighborhood. They are already being impacted now and that by adding this space, I think it's not unreasonable from the neighbors' perspective to think that adding this space is going to increase the people that are coming there. It may be intended to be used as a classroom and it's not intended to be used as an overflow sanctuary. It's still going to increase the amount of people, because you will have more space to put them and so you will be able to do that. They may not all come in cars or drive themselves there, but some of them will. I think their concerns are very reasonable and very legitimate. I didn't hear any other concerns that the building itself wouldn't be compatible, if you are compliant with the conditions that are met of having Meridian City Council October 15, 2002 Page 27 of 41 that structure on the property -- although I did hear Mr. Rountree's concerns that there aren't other manufactured homes in that particular area. I think that was the intent of the Planning and Zoning Commission in requiring it to be made to match the building, so that it wouldn't resemble simply another manufactured home, but that it look more like an accessory building on the property. I guess what I would want to fashion -- and I'm going to, once again, ask Mr. Nichols to probably help us with the wording, but [ think what I was hearing is that we would like to see, as a condition, that there be off~ site parking available within a fairly reasonable amount of time. Then you have some adequate time to provide simply in terms of grass or something like that to get rid of the weeds and provide that -- and I recognize the time of year we are at it's not very reasonable to plant grass very easily right now, but some sort of parking facility off site within I guess six months -- is that a reasonable -- is that a reasonable amount of time, Council? I guess the other concern was that there be a more permanent parking facility off site within, again, a reasonable amount of time, both for the church, as well as the neighbors. I did see the pastor sort of be a little tentative at 18 months, but I guess I was looking at something like 24 months that there be something more permanent, again, for adequate parking. It isn't just a lot with grass on it, that eventually there is going to be a parking, lot, which I think is their desire anyway, but -- is that what you were thinking or something different than that? De Weerd: No I would agree with that. Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I guess because of the season we are going into, six months may not be practical, unless they planted grass tomorrow, you're not going to park on it for a good period of time. You may want to extend that, even considering how long it would be before you could park on it. I would strongly encourage the church to try and find a temporary solution utilizing the bus that you have to help bus from another site, and off- site location, like some of these other churches are doing. That might also help. I do know parking will continue to be an issue and as you get more room inside your main building, you will grow, and I'm sure that's what you're hoping you will do, too. It will continue to be an issue. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I guess what I'm looking at is that what we would be requesting in the Findings of Facts within -- we usually get them in a couple of weeks. From the 1st of November, six months is the 1 sl of May. What I -- I guess what I was proposing is -- what I was considering proposing is that they provide off-site parking within the next six months. I don't care if it's across the street or you have to bus people to the parking lot at Albertson's and get a shared parking arrangement with Albertson's and within six months they have off-site parking. If you can grade that lot and get it adequate for parking on it within six months, by the 1st of May, that's fine. Or there has to be some other arrangement for a period of time if you can get them there. Again, I guess I don't want to guess at months, I'm thinking the 1st of May is after the spring, but that should be adequate time to make that lot usable for parking and, if not, then they might have to Meridian City Council October 15, 2002 Page 28 of 41 find some other facility off-site. That within 24 months that they have permanent parking facilities off site, so that there is some time for temporary, as well as give them adequate time to do that. Does that sound reasonable? Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: Well, I agree with you, they are not enlarging the seating capacity of the sanctuary. I agree that this is going to be for youth and there is going to be some more cars show up. I don't -- in other words, you want to override our ordinance that states how many parking and set a precedent of doing this, because there is very few churches, public buildings, that hasn't been built in the last four or five years that meets the parking requirements. I agree with you guys, I agree 100 percent. I wish they had the money to go out and asphalt the strip right across in their own deal and that would solve a lot of it. We are going against an ordinance that there is a whole of other -- there are a whole lot of other buildings that in the last couple, three years have come before us for CUPs wi~h the same problem and we haven't put stipulations on it. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I guess I disagree. I don't think we are going against the ordinance. I mean I think, as Mr. Nichols said, it's a Conditional Use Permit. We are trying to abate the issues that we perceive are going to be impacted to the neighborhoods based on this use and if this was a gym, we wouldn't think once. If this were a gym they were going to have, we would anticipate there would be more people that would come to that facility. I have a hard time believing that if they expand their classroom facility, that it won't bring more people to that facility at that time. I mean I recognize we are trying to do all these other things to encourage different times of services and things like that, but they are expanding the use of the property and by expanding the use of the property, they are impacting the neighborhood. If we are not requiring, under our ordinance required seating in relation to parking, which I think seems a little antiquated to me anyway, but, secondarily, we are really not doing anything different than we would on any other CUP. When you expand your use and you perceive that expansion is going to impact the neighbors, you attempt to abate that and what we are going for abatement is to provide parking, because the primary concern we have heard from neighbors is their use already impacts them in parking. By expanding it, they expect it to impact it more. Again, it's just providing some off-site parking to meet that expanded use and if they can provide it on property they own, all the better for them. If they can't provide it on property they own, then they may have to find some alternatives, as some other churches have done, by providing -- getting a shared parking arrangement, if they need to provide transportation if it's not close enough to get there. That's, again, something they can work out, but we are giving them six months to figure out what's the best way to work for them to do that. I don't think we are going against the ordinance. I think what we are simply saying is that the use here is expanded and they are already bursting at the seams and having an impact now, so, therefore, by doing this they are Meridian City Council October 15, 2002 Page 29 of 4] going to do it even more, they are going to have to find something a little bit better than what they are doing now. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: As I understand, this building is more or less a classroom for younger -- the children and adults -- or young people. It's a Sunday school, I take it, and then they all go back the sanctuary for the service. They are not really expanding, they are just -- they are getting -- providing some classrooms for Sunday school, the same as everybody. I mean I'm not disagreeing with you getting that, I'm just saying that they are not expanding, even though they are bringing this building in -- every church hopes to expand their membership, but this, as I understood it, is a classroom facility for their young people to have their Sunday school. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I guess at our church there are Sunday school classes that are scheduled while the sanctuary is -- while there is services going as well and where you have a Sunday school, you will have more people going at the same time. I believe what our attorney has brought forth is we have an opportunity with the CUP type of situation, to look at how our ordinances are working and impacting the surrounding neighborhood or working for the current applicant themselves. We do have a negative impact in the surrounding property, they are expanding, even though they are not expanding per our parking ordinance by the sanctuary, there is a parking issue. We can take a look at our parking ordinance and see if there is reason to change that, but I hate to do that, too, because what church can afford massive parking when they are building a new building to accommodate a congregation that they may not have to begin with either. You're almost going overboard in that regard. The CUP process gives us some flexibility to look at situations on an individual basis and the democratic process here is to have the neighbors come and testify and share what these impacts may have or are currently having that we have an opportunity to address in placing some additional conditions in the CUP process. I don't think that we are asking for too much more. I would believe there would be a goal of the church to provide parking or an alternate, so that their congregation is not inconvenienced either. I just see this as a win situation for everyone to be able to expand their facility, look at additional classrooms, and address some of the issues with the neighbors as well. I don't think we are compromising our ordinances. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I think probably everybody has said what they wanted to say. I guess I would move that we approve CUP 02-023, request for a Conditional Use Permit to place a Class A manufactured home on a permanent foundation in an L-O zone for the Meridian City Council October 15, 2002 Page 30 of 41 Treasure Valley Worship Center by Treasure Valley Worship, 50 West Spicewood Drive, to include all staff comments and conditions by the Planning and Zoning Commission. With the additional condition that the Treasure Valley Worship Center will provide off-site parking facilities by May 1, 2003 for their Sunday services and that they provide permanent parking -- it can be temporary -- that they provide permanent parking facilities within 24 months of the issuance of this permit. I think we need the attorney to prepare the Findings of Facts and Conclusions of Law and Decision and Order. Bird: I'd second that, but do you want to include brick on the new building? Nary: I think the -- well, I guess the issue that I see from the recommendation of the Planning and Zoning is that they required it to be -- I guess I don't know that brick is -- Bird: No they required it to be painted to look like -- Nary: Painted to look the same. I guess I have a hard time trying to decide to tell them to put brick on the building. We want them to comply and to match the other building. Bird: I agree with you. I second -- Nary: Yes. I don't know whether we want to -- Bird: I don't have any problem with that. Corrie: Motion has been made and seconded. Any further discussion? The motion is for approval, with all staff comments, with the conditions stated by the motion. Okay. Hearing none, roll call vote, Mr. Berg. Roll call vote: McCandless, aye; Nary, aye; DeWeerd, aye; Bird, aye. Corrie: Okay. All ayes. Motion for Conditional Use Permit, staff comments, and conditions, by the motion is passed. MOTION CARRIED: ALL AYES Item 10. Public Hearing: CUP 02-024 Request for a Conditional Use Permit proposing two buildings with drive-thru windows and two buildings on recorded lot in a C-C zone for Silverstone Corporate Center by The Sundance Company - southeast corner of East Overland Road and South Eagle Road: Corrie: Item Number 10 is a Public Hearing. This is a request for Conditional Use Permit for proposed two buildings with drive-thru windows and two buildings on recorded lot in a C-C zone for Silverstone Corporate Center by the Sundance Company, southeast corner of East Overland Road and South Eagle Road. At this time, I will open the Public Hearing and staff comments, please. Hawkins-Clark: Thank you, Mayor, Members of the Council. I'm sure you're well aware of where Silverstone Subdivision is. You have had numerous applications before this Meridian City Council October 15, 2002 Page 31 of4! body before. Again, I wish I could just plot up there our map. It's kind of frustrating we don't have our tools here, but basically this is up in the -- up in the very left -- up in the very northwest corner of their project, at the southeast corner of the intersection of Eagle and Overland Road. They have that nice new sign that has the fountain there, that's constructed today, this would just be right immediately behind that. The development agreement that Silverstone -- that Sundance Company had does require that they have a Conditional Use Permit for all drive-thrus. They are proposing here two drive-thrus on a single lot. The buildings would share the same architectural design concept, even though they are different -- different uses, I believe, as you saw one is proposed to have a TCBY and there is a credit union also. Planning and Zoning Commission did recommend approvaL September 10th is the date of their recommendation, so we are passing that on. I believe the only change that was made from staff was there are no recommended conditions on the hours of operation. The Planning and Zoning Commission removed that and they added the Requirement Number 6, which is on Page 2 that says they have to execute a Cross-Access Agreement between the lots. They are encroaching a little bit into an adjacent lot in order to access these drive-thrus, so we ask that they have a Cross-Access Agreement there. Other than that! I believe all the conditions are correct and that's alii have. Corrie: Any questions of staff? Bird: I have none. Corrie: Okay. This is a Public Hearing and we'd like to hear from the developer or their representative. Is the testimony you're about to give the truth, the whole truth, and nothing but the truth, so help you God? Larsen: It is. Corrie: Name and address, please. Larsen: Cornell Larsen, my address is 210 Murray Street in Garden City. I'm here tonight representing the developer. We did concur with the conditions that the Planning and Zoning had approved for this project. We did have a request from the people that would occupy the credit union and we forwarded that onto Dave McKinnon, I believe, and staff and I will give you a copy of the letter that they sent to you. This is from Westmark Credit Union and they had requested that they be able to have two drive-in window facilities at the one building. Originally, we had proposed one drive-in facility. This came up as a result of their board of directors meeting that was held on September 28th and we talked to staff a little bit about it. I don't think they really had a problem with it, other than that the P&Z didn't have the opportunity to look at two drive-in windows at that second building. It's our intent tonight that we try to gain the approval, so we can at least get the Moxie Java, TCBY building going. If we needed to go back and do a modification or meet in a work session with P&Z to review the extra drive-in window, we would certainly be willing to do that. I don't know whether you had in your packet the drawings that showed how that building might be modified to accommodate the other drive-in, but I have those here with me, if you'd like to see those. Other than that, we didn't have any concerns. We are willing to move forward with the project and I would be happy to answer any questions. Meridian City Council October 15, 2002 Page 32 of 4] Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: Cornell, these two drive-thrus, they are just -~ they are going the same way and everything, they have just got two islands right? Larsen: Yes. They would just have two islands. Yes. Bird: Yes. Larsen: What happened is we initially submitted it with one window that was adjacent to the building without a canopy over it? When the board of directors met, realizing what they thought the volumes might be in the Meridian area, they said it would be nice if they could reduce the size of the building a little bit and had the extra drive-in facility that would allow them to have a little more flexibility in the future. I told them that they needed to write a letter and request that of City Council, since we had already gone through the P&Z Hearing at the time we found out. That's what the letter is that was handed to you, the original copy. It's kind of a little bit after the fact and if we need to do something to facilitate the approval of that second window, we will, but we also need to get this TCBY-Moxie Java building moving along, too, so-- Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: It isn't a second window it's a second island, isn't it? Larsen: Yes. It's a second island. Corrie: I was going to say, it's not another window. Bird: It's not another window it's just-- Corrie: You would have to go back to P&Z for that. Bird: The drive-thru is -- Larsen: It's a remote teller unit, basically. This company is pretty excited to be coming to Meridian. They are expanding from pretty much the eastern part of the state. They are excited to be here, so -- Corrie: Good. Any other questions? Larsen: Also I would like to add one thing, if I might. Corrie: Sorry. Go ahead. Meridian City Councll October 15, 2002 Page 33 of 41 Larsen: Also, the lot that's kind of kitty-corner to this lot on Overland Road has been sold to Albertson's Credit Union and they will be in before you shortly with an application on thatfacility. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I guess just a question for Brad. I mean this is just different than what was reviewed by the Planning and Zoning, although it's a fairly minor modification to it. Do you think it needs to go back to the Commission, at least that portion of this request, or do you think it's adequate for us to be able to proceed on that without it? Hawkins-Clark: Councilman Nary, Mayor, Members of the Council, I had not personally had a chance to review it and Dave McKinnon didn't talk to me about CorneWs letter, but it appears that the added lane -- it's on the same elevation -- it's on the same side of the building, the configuration of the parking doesn't appear to be impacted, Nary: And I also I did hear Mr. Larsen say that they were actually going to make the building smaller to compensate for this canopy is that correct? Hawkins-Clark: Correct. Nary: So I guess my only concern would be that we are going to approve something that we have a revised site plan, so that we know exactly what it is we have approved, but other than that -- Hawkins-Clark: I think it's minor enough that the Planning and Zoning Commission would not feel that it's a substantial change, so -- Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I just had one more question. I didn't get a chance to look at the minutes, but was the reason they took the hours of operation out of these windows was because there was no neighbors? Larsen: No it was actually a request that we modify them a little bit and the more they discussed it, I believe their concern was that it may end up being a 24-hour site for coffee service in the future as the area develops. Since there was no residential adjacent to it, that they felt like that it was appropriate to remove the hour restriction. Corrie: Any other questions? Bird: I have none. Meridian City Council October 15, 2002 Page 34 of 41 Corrie: Thank you. Is there anybody from the audience that would like to give testimony at this time? Hearing none, Council, any further discussion in the Public Hearing? Bird: I have none. Corrie: Hearing none, I will entertain a motion to close the Public Hearing on the request for a Conditional Use Permit for Silverstone Corporate Center. Bird: So moved. McCandless: Second. Corrie: Motion made and second. All those in favor say aye? All ayes. Motion carried. MOTION CARRIED: ALL AYES Corrie: Discussion on. the request? Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I, for one, agree with Brad, that I don't think adding another island -~ they are not adding basically another drive-thru. They are just adding another island, which I think is helpful, it's going to move people through a little faster. [don't think that -- [ don't think the Planning and Zoning Commission would have anymore problem than we had. I think it's a very good development, a nice location for it, so I don't see any reason why we can't approve the tvvo drive-ups -- or two islands. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: Just a question for staff. When an application comes in and they have shown kind of a footprint of what they have and that sort of thing, you have the flexibility to approve minor modifications that would be smaller in size, but not have to change a Preliminary Plat or a CUP is that not correct? Hawkins-Clark: That's correct. We kind of use the 10 percent rule, that if it's 10 percent more -- greater than 10 percent more, then we would probably send it back, on either square footage or height or parking -- you know, whatever the standard is that you're talking about. That comes out of the Planned Development Ordinance, but we have applied that, more or less, to Conditional Use Permits and have used that internally, so that if there are modifications, that we would not send them back to you if it falls within that kind of ten percent change. Meridian City Council October 15, 2002 Page 35 of 4] De Weerd: Do you feel comfortable of -- that we would approve this with their drawing that they submitted tonight showing the additional lane for the drive-thru, that you can deal with that at your level? Hawkins-Clark: Yes. De Weerd: Okay. Corrie: Any further discussion? Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: Without any further discussion, I would move that we approval the Conditional Use Permit for proposed two buildings with drive-thru windows and two buildings on recorded lot in a C-C zone for Silverstone Corporate Center by the Sundance Company, southeast corner of ~ast Overland Road and South Eagle Road. To include staffs comments, recommendations, and also to allow at the building designated as a credit union, to allow another island, instead of one island, they would have two islands for deposit and for the attorney to draw up the Findings of Facts and Conclusions of Law and Decision of Order. Nary: Second. Corrie: Okay. Motion has been made for approval of the request for Conditional Use Permit for Silverstone Corporate Center. Any further discussion? Okay. Hearing none, roll call vote, Mr. Berg. Roll call vote: McCandless, aye; Nary, aye; DeWeerd, aye; Bird, aye. Corrie: All ayes. Motion is approved. MOTION CARRIED: ALL AYES. Item 11. Public Hearing: AZ 02-019 Request for annexation and zoning of 5.01 acres from RUT to R-3 zones for proposed Drawbridge Subdivision by Pinnacle Engineers, Inc. - 4365 North Ten Mile Road: Item 12. Public Hearing: PP 02-015 Request for Preliminary Plat approval of 9 building lots and 4 other lots on 5.01 acres in a proposed R-3 zone for proposed Drawbridge Subdivision by Pinnacle Engineers, Inc.- 4365 North Ten Mile Road: Corrie: Item Numbers 11 and Number 12 is a Public Hearing on a request for annexation and zoning of 5.01 acres from RUT to an R-3 zone for proposed Drawbridge Subdivision by Pinnacle Engineers, 4365 North Ten Mile Road. Item Number 12 is a request for Preliminary Plat approval of nine building lots and four other lots on the 5.01 acres as a proposed R-3 zone for the proposed Drawbridge Subdivision by Pinnacle Meridian City Council October 15, 2002 Page 36 of 41 Engineers. At this time, I will open both Public Hearings and invite staff's comments fi rst. Hawkins-Clark: Thank you, Mayor, Members of the Council. On Item Number 11, the annexation and zoning request, the applicant did originally propose an R-2 zone. They had generally conforming to our minimum Jot size, the 18,000 square feet is the minimum lot size for an R-2. However, there was just a couple lots that were going to be under that in order for them to comply with some other conditions that we had, so staff had recommended the R-3 zone, though it did not significantly impact the size of those lots, I mean they do still have fairly sizable lots out there. I think that's the main comment I would have on Item Number 11, the agenda does reflect that R-3, although originally they applied for R-2. They did agree -- and the Planning and Zoning Commission recommended approval of the R-3. Item Number 12 regarding the Preliminary Plat, the subdivision has, again, the nine building lots and there are now four lots -- originally they had shown three, but they have added a common lot to the south. The existing parcel is five -- just over five acres. It's immediately across Ten Mile Road from Bridgetower Crossing. It would be the office complex part of Bridgetower crossing. If you remember, they had some offices on the other -- on the east side of Ten Mile: This would be on the west side of Ten Mile. They had a gross density of about 1.8 units per acre. They have approximately two percent open space in the subdivision. The ordinance requires anything over five acres to have five percent open space, but by the time you take off their required dedication of right of way, then they drop under the five acres, then they don't have to meet that five percent open space requirement that we have. That was the reason for that. They are applied -- they did apply prior to adoption of the 2002 Comprehensive Plan. The 1993 Comprehensive Plan showed that there is an ag-rural residential, so the 1.8 density staff felt was appropriate out there for -- to meet that rural residential classification. The plat itself, as you have in your packets, is fairly straightforward. They have a single point of access there off of Ten Mile Road. The recommendation from the Planning and Zoning Commission, I'd like to just hit three items on that. On Page 2, Item Number 4, is -- deals with the fencing around the subdivision and this did get quite a bit of discussion at the Planning and Zoning Commission. Currently the five-acre parcel does have a three- rail vinyl fence that the pictures should show that it's completely around the project. There was some discussion, concerns about not having a solid fence and some of the domestic animals that are around the area, you know, may -- you know, may not be contained right. We did receive a letter dated September 26th from Mr. Richard Kertchner, who was one of the property owners that had a fence concern, so you should have received that. Essentially, they have said that they have changed their minds they don't have a problem with the fencing as it currently is today. At least that property owner has withdrawn the concern and the three-rail vinyl fence would work for him. Then Item Number 4, then, I'd just recommend striking the last sentence that says a solid fence shall be required around the perimeter. Item Number 10 on Page 3 says that they have to submit a revised plat prior to the meeting. They have already done that, so I think that condition should be struck, since they have already complied with that. Now we have received all of the additional information that we requested from Clint Boyle, who is representing the applicant and it appears that all the application information is correct. We just need to get that in the public record to make sure it replaces their original application and I think that's all I have. Meridian City Council October 15, 2002 Page 37 of4] Nichols: Mr. Mayor? Corrie: Mr. Nichols. Nichols: Brad, if we could have the date for that plat, the revised one, so we can make sure we get it correct. The plan. Hawkins-Clark: Sure. That's dated September 13, 2002. Corrie: Okay. Is the representative of the subdivision here? Is the testimony you're about to give the truth, the whole truth, and nothing but the truth, so help you God? Boyle: It is. Corrie: Name and address, please. Boyle: Clint Boyle with Pinnacle Engineers, 1252 West Executive Drive in Boise, Idaho. Mayor and City Coun9il Members, it's been a pleasure to be in front of you this evening to present a project that we are excited about. It's something that's somewhat different from the majority of the projects I think that the city has seen recently proposed within the area and what we are proposing here is a development coming into the city that would essentially be a ~- what we feel is a large lot development for an urban style development. The majority of the lots exceed 18,000 square feet. There are two lots that are over 16,000 square feet that represent the smallest lot in the subdivision as far as buildable lots. I'm going to back up just a minute. As far as the annexation and zoning on this and the Comprehensive Plan, originally when we met with city staff, at that particular point in time we were looking at the '93 Comprehensive Plan. This was submitted under that Comprehensive Plan, but so that Council knows, at the time, as you're aware, the current adopted plan was in the process of going through Public Hearings. When we met with city staff, the area was still designated as very low density residential, so we took off with plans and got underway with this project. Subsequent to that, I think you guys came up with the WWTP, Wastewater Treatment Plant designation on the site, but we weren't striving to pull a fast one on the city, we were basing it on the information that we had at the time and then things changed there. Just so you are aware, even based on the current adopted plan, this particular parcel is -- if not the furthest, one of the furthest parcels away from the sewer treatment plant, based on that new WTTP designation. As far as the transition for this subdivision, the currently adopted Comprehensive Plan now designates the area north of us as a medium density development area. This development essentially provides a transition from some of the larger lots -- we have a one-acre lot, there is some -- a mixture of five area and 10 acre lots that are south of us. Basically, we are transitioning from some of the larger style lots into these lots that are between a third and half acre and then into what you will essentially see some day as the probably more urban style development to the north. I think Brad summed it up fairly well. Originally, we came in with an R-2 zone, which requires a minimum lot size of 18,000 square feet. Subsequent to that original application, we agreed with the staff comments and revised that to an R-3. One of the comments from staff that changed that was originally the Elk Bugle Lane, which is a private road easement that sits south of this site, a small portion of that clips the southwest corner of our site, of that existing easement. The staff felt that that would be Meridian City Councll October 15, 2002 Page 38 of 41 more appropriately designated as a common lot, just so it was clear that that wasn't a portion of that lot ownerts -- the easement was in effect and then there wouldn't be any confusion with that lot owner on where his fencing the property line would lie. We revised that and, essentially, that's why it now is in front of you with an R-3 request. The only reason for the R-3 is because of the two lots that are now 16,000 square feet in size. Outside of that, I believe that it meets all the requirements of an R-2 zone, actually. With that said, the development -- there was some discussion with the neighbors at the Planning and Zoning Commission regarding the fence and Itd like to just speak to that briefly here. The existing site has a three-rail vinyl fence around the majority of the existing site. The developer wants to keep this existing three-rail vinyl fence, and his intention is that this subdivision would have a rural type of feeling to it. Basically, it's a nice fence, obviously, vinyl fences weather better than cedar fences and some of the other fencing, it provides a nice open atmosphere. If you look at the surrounding properties -- and I don't know what pictures you have in front of you. I do have some pictures if you would like to see them, They were submitted with the application, so, hopefully, you have them, but the property that is west of our site is a five acre parcel, it has a home on it, essentially there is no fencing around his perimeter, because he wanted an open field out there. He has some vinyl fencing that is three or four feet tall around a small area of what I would deem as his backyard, probably to keep kids or pets in there. That particular property owner did not object to the existing fence. He was favorable to the existing three-rail vinyl fence. The property owners to the south, there was a property owner there, Mr. Kertchner that originally had indicated that he wanted a solid fence there. Subsequent to the meeting, he changed his mind on that and, again, in the letter you have received he supports the existing three-rail vinyl fence. The issue that came up at the meeting was what happens if livestock or animals get into that fencing from their property and from these people's properties. As far as the livestock goes, if you look at the property that are south of the site, their homes and their yards are essentially adjacent to this project, with Elk Bugle in between. Any animals that they have are south of their homes, so if any livestock from the larger parcels to the south of us were get into our fence, they crossed the people's yards, crossed Elk Bugle Lane, and then into the fence. Essentially, they will probably have a bigger problem than worrying about their animals getting through our fence, because by that time they will have grazed across their lawns, gardens, and everything else to get over to our site. He backed off from his position. Again, we are requesting that the existing three-rail fence be allowed to stay in place. With that, I think Brad summed up everything else on the project and I will entertain any questions that the Council has and would request your approval on it. Thank you very much. Corrie: Any questions? Bird: I have none. Corrie: Okay. Thank you. Boyle: Thank you. Corrie: Is there anyone one else from the audience 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? Meridian City Council October 15, 2002 Page 39 of 41 Johnson: I do. Corrie: Name and address, please. Johnson: I'm Frank Johnson. I live at 4210 West Ustick Road and I have a main ditch that comes in right at the front of that property. It's not only my ditch, but there is about four or five others that's involved with that and I wondered what provisions they are going to make on dividing the water and if they are going to have a pressurized irrigation system. Corrie: Okay. Thank you, Frank. Thank you. You can answer the question for-- Boyle: Again, Clint Boyle, Pinnacle Engineers. Mr. Johnson will continue to receive the water that he's entitled to. There are existing irrigation facilities that run along the frontage, along Ten Mile Road. Those facilities, per standard requirement with ACHD, will need to be tiled and relocated out of the right-of-way area, so we will compact and fill the existing ditch. In its place it will be rerouted onto our property across the frontage, be tiled, anq the same flows that they have received will still be there. This subdivision does propose a pressure irrigation system and the site does have water rights to this site that are available for that system, but as far as the existing irrigation water and flows, those will be preserved and retained, outside of some irrigation relocation and tiling per ordinance provision. Thank you. Corrie: Okay. Council, any other questions? Is that it? Okay. Bird: I have none, Mayor. Corrie: I will entertain a motion to close the Public Hearing on Items 11 and 12. De Weerd: So moved. Bird: Second. Corrie: All in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES Corrie: Discussion on Item Number 11, annexation and zoning. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I move we approve the request for annexation and zoning of 5.01 acres from RUT to R-3 zones for the proposed Drawbridge Subdivision and to include all staff comments and ask the attorney to draw up the Findings of Facts and Conclusions of Law and Decision of Order. McCandless: Second. Meridian City Council October 15, 2002 Page 40 of 41 Corrie: Okay. Motion has been made and seconded. Any further discussion? Okay. Hearing none, roll call vote, Mr. Berg. Roll call vote: McCandless, aye; Nary, aye; DeWeerd, aye; Bird, aye. Corrie: All ayes. Motion carried on the annexation and zoning. MOTION CARRIED: ALL AYES Corrie: Now for the request for Preliminary Plat. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: Staff has noted some changes and [ don't know if ['m missing it, but I don't have P&Z's recommendation in my packet, so it would be blind approval. I do note that on Page 2, Item 4, n~eds -- something to do with the fencing. Page 3, Item 10, needs to be deleted and we need to reference the date of the map. That's about all I have written down. Well, it looks like I followed Brad's direction very well, then. Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I move we approved the request for Preliminary Plat approval of nine building lots and four other lots on 5.01 acres in a proposed R-3 zone for Drawbridge Subdivision. To make the changes to the Planning and Zoning recommendation, Page 2, Item 4, to strike the solid fencing requirement on Page 3, Number 10, to delete that item, and also to reflect the plat date of September 13, 2002 and to ask the attorney to draw up Findings of Facts and Conclusions of Law and Decision of Order. That's it. Bird: Second. Corrie: Motion has been made and seconded to approve the Preliminary Plat, according to the motion. Any further discussion? 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 De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I would like to make a comment that it's refreshing to see something other than the standard 8,000 square foot lot and this is double that. I thought when I found my 14,000 square foot lot it was a rarity in Meridian. It's kind of nice to see a choice out there. I appreciate seeing something different than what we have been seeing. Meridian City Council October 15, 2002 Page 41 of 4] Corrie: Okay. With that, it closes the agenda. I will entertain a motion for adjournment. De Weerd: So moved. McCandless: Second. Corrie: Motion made and seconded to adjourn. All those in favor say aye. MOTION CARRIED: ALL AYES Corrie: Close the meeting at 9:15 Thank you. MEETING ADJOURNED AT 9:15 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: /1 / G / &2- DATE ,,\II1llltllllll, I"~ C ~Ji"- ,IiI -.""_1 0\ lfltRID_ '''1// -.' A""\ "4 /1 ~ C}~... PO;:' ^ :,1}" /... ~ 0'0.. "'i /:; tv -:.. f ~c; ~o \ ~ SEAL ~ 1"<L & ~ -;::.. 410 ,Q) 0:: ~ '7A 'Sr 1'3\ . -.<'-~' "/ VA ~ '" 1,,/ 'lC \0 ,,> 1'// (}l" ~,( " I'/f. -,'~ t ., \-..\'\\ ~ ~ ;. . . ( BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR REQUEST FOR APPROVAL TO CONSTRUCT A TEMPORARY PRIVATE ROAD FOR THE CONSTRUCTION OF PHASE 1 Ol{ FAIRVIEW LAKES, LOCA TED AT 824 EAST FAIRVIEW AVENUE; MERIDIAN, IDAHO BY: HOPKINS FINANCIAL SERVICES, INC., APPLICANT C/C 10/01102 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. MI-02-008 FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING REQUEST FOR APPROVAL TO CONSTRUCT A TEMPORARY PRIVATE ROAD FOR THE CONSTRUCTION OF PHASE 1 OF FAIRVIEW LAKES The above entitled matter coming on regularly for public hearing before the City Council on October 1, 2002, at 7;00 o'clock p.m. at the Meridian City Hall located at 33 East Idaho, and Brad Hawkins-Clark of the Planning and Zoning Depmiment, and Doug Tamura, appeared and testified, and the City Council having received a repOli from David McKinnon, Planner II for the Planning and Zoning Depmiment, and the City Council having received testimony as part of the record of this matter, and the applicant having submitted her application for a request for approval to construct a tempormy private road for the construction of Phase 1 of Fairview Lakes, and which application is herein received and adjudged by the City Council pursuant to Meridian FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING REQUEST FOR APPROV ALTO CONSTRUCT A TEMPORARY PRIVATE ROAD FOR THE CONSTRUCTION OF PHASE I OF FAIRVIEW LAKES BY HOPKINS FINANCIAL SERVICES, INe. FOR MI-02-008 - 1 City Code 9 8-2-5, and being fully advised in the premises does hereby make the following Findings of Fact and Conclusions of Law and Order of Decision, as follows: FINDINGS OF FACT 1. The property is generally located at 824 East Fairview Avenue, Meridian, Idaho. 2. The applicant ofthe subject property is Hopkins Financial Services, Inc. whose address is III Auto Drive, Suite 105, Boise, Idaho 83709. 3. The owner of tile subject propeliy is William Cmiis whose address is 2630 East Franklin Road, Meridian, Idaho 83642. 4. The location of the subject property is presently located in an RUT Ada County zone, and which subj ect private road will be located off of the north side of Fairview Avenue, approximately Y2 mile east of Meridian Road. The submitted site plan depicts the street as N01ih Lark Avenue. 5. The legal description of the propeliy is on file in the City Clerk's office located at 33 East Idaho Street, Meridian, Idaho. 6. The subject property is surrounded on the nOlth side by The Willows Subdivision -zoned R-8, a car wash/service station and a car sales lot on the south - zoned C-G and R-8, to the east there is single family residences - zoned R-8 and a Dirty Harry's Car Wash - zoned C- G, and to the west there is a manufactured home subdivision - zoned R-8. 7. The applicant, Hopkins Financial Services, Inc., has requested approval to construct a temporary private road for the construction of Phase 1 of Fairview Lakes which temporary private street will take access off of the north side of Fairview Avenue, approximately FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING REQUEST FOR APPROVAL TO CONSTRUCT A TEMPORARY PRIVATE ROAD FOR THE CONSTRUCTION OF PHASE 1 OF FAIRVIEW LAKES BY HOPKINS FINANCIAL SERVICES, INC. FOR MI-02.008 - 2 IS: mile east of Meridian Road. The temporary private street shall be used during the construction of Phase 1 of the 192 apartment units of the Fairview Lakes Planned Development. 8. This miscellaneous application is only for approval to construct a temporary private street that will be used during the construction of Phase 1 for the 192 apartment units for Fairview Lakes Planned Development. The proposed private road will be built to ACHD standards and will be dedicated to ACHD upon recordation of the final plat for the Fairview Lakes Subdivision. Rather than waiting for a preliminary plat and final plat approval, the applicant has proposed to build the road as a private road that will meet ACHD's construction standards, which will allow the applicant to begin construction without delay. 9. 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 application for approval to construct a temporary private road for the construction of Phase 1 ofFairview Lakes will not impose expense upon the public if the following conditions of approval are imposed: Adopt the Recommendations and/or Considerations of the Planning and Zoning staff as follows: 1. The private street shall be constructed to ACHD design standards. The applicant shall coordinate the construction of the road with ACHD to ensure ACHD acceptance of the road as a public road in the future. 2. A blanket easement shall be provided on private road for City of Meridian sanitary sewer and water utilities. The utilities within the private street easement shall be designed to Public Works Department standards. FINDINGS OF FACT CONCLUSIONS OF LAW AND DEClSION AND ORDER GRANTING REQUEST FOR APPROV ALTO CONSTRUCT A TEMPORARY PRIVATE ROAD FOR THE CONSTRUCTION OF PHASE 1 OF FAIRVIEW LAKES BY HOPKINS FENANCIAL SERVICES, INC. FOR MI-02-008 - 3 3. The final plat, dedicating the private road to ACHD as a public right-of-way, shall be recorded prior to occupancy of any building constructed as part of phase one ofthe Fairview Lakes development. 4. Landscaping and other required roadside improvements (i.e. sidewalks, pathways, irrigation, curb, and gutter) adjacent to the temporary private road shall be installed as depicted on the approved landscape and site plans, prior to occupancy of any building constructed as part of phase one. 5. Prior to erecting a street sign, the proposed name of the private street, N. Lark Avenue, shall be approved by the Ada County Street Naming Committee. Applicant shall ensure the Community Planning Association has received a copy of the proposed name and submit a copy of the approval letter to the Public Works Department prior to opening the street. Consideration: 1. The Applicant shall provide adequate sewer and water easements. Adopt the Recommendations and/or Considerations of the Ada County Highway District as follows: FINDINGS FOR CONSIDERATION 1. Right-of-Way District policy requires 120-feet of right-of-way on arterial roadways (Figure 72- FIB). This right-of-way allows for the construction of a 7-lane roadway with curb, gutter, 5-[00t concrete detached sidewalks and bike lanes. 2. Sidewalk District policy 7204.6.5 requires 5-[00t wide (minimum) concrete sidewalk on all collector and arterial roadways. 3. Roadway Offsets District policy 7204.11.6, requires local roadways to align or offset a minimum of 300-feet from an arterial roadway (measured centerline to centerline). The applicant is proposing to constmct a commercial/industrial roadway that intersects with Fairview Avenue 31O-feet east of the west propelty line. This roadway location meets District policy and should be approved with this application. FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING REQUEST FOR APPROVAL TO CONSTRUCT A TEMPORARY PRIVATE ROAD FOR THE CONSTRUCTION OF PHASE 1 OF FAIRVIEW LAKES BY HOPKINS FINANCIAL SERVICES, INC. FOR MI-02-008 - 4 4. Street Sections District policy 7202.8 and 72-FIB, requires roadways abutting commercial developments to be constructed as a 40-foot street section with curb, gutter and 5- foot concrete sidewalk within 54-feet of right-of-way. The applicant is proposing to construct a commercial/industrial roadway that extends from Fairview Avenue to the north. This roadway is proposed to cul-de- sac just before the proposed multi-family residential apartment complex. This roadway will also provide a link that will connect into Teare Avenue. The proposed commercial/industrial roadway that the applicant is proposing will consist of a 40-foot street section that includes 2-travellanes, a center turn lane, curb, gutter and 5-foot concrete sidewalk within 54-feet of right-of-way. The proposed street section meets District policy and should be approved with this application. 5. Driveways District policy F2-F5, requires driveways located on collector or arterial roadways with a speed limit of35 to align or offset a minimum of ISO-feet from any existing or proposed driveway. District policy F2-F4 (1) and 72-F4 (2), requires driveways located on commercial/industrial roadways to offset a controlled and/or uncontrolled intersection a minimum of 50-feet (measured near edge to near edge). District policy 7207.9.3 restricts commercial driveways with daily traffic volumes over 1,000 vehicles to a maximum width of 35-teet. Most commercial driveways will be constructed as curb-cut type facilities if located on local streets. Curb return type driveways with IS-foot radii will be required for driveways accessing collector and arterial roadways. Fairview Avenue Driveway The applicant is proposing to construct one 30-foot wide driveway on Fairview Avenue. This driveway is proposed to intersect Fairview Avenue approximately 240-feet west of the east propelty line. This driveway meets District policy and should be approved with this application. Commercial/Industrial Street Drivewavs The applicant is proposing to construct nine driveways on the proposed commerciallindustrial roadway. The driveways are proposed to be constructed in the following locations. FINDINGS OF FACT CONCLUSIONS OF LA W AND DECISION AND ORDER GRANTING REQUEST FOR APPROVAL TO CONSTRUCT A TEMPORARY PRIVATE ROAD FOR THE CONSTRUCTION OF PHASE I OF FAIRVIEW LAKES BY HOPKINS FINANCIAL SERVICES, INC. FOR MI-02-008 - 5 . Driveway number 1 is proposed to intersect the commercial/industrial roadway approximately 3D-feet north of Fairview Avenue. This driveway is proposed to be 3D-feet in width. · Driveway number 2 and 3 are proposed to intersect the commercial/industrial roadway approximately 195-feet north of Fairview Avenue. These driveways are proposed to align with one another. These driveways are proposed to be 25-feet in width. · Driveway number 4 is proposed to intersect the commercial/industrial roadway approximately 345-feet north of Fairview Avenue. This driveway is proposed to be 22-feet in width. · Driveway number 5 is proposed to intersect the commercial/industrial roadway that extends n011h from Fairview Avenue approximately 580- feet north of Fairview Avenue. This driveway is proposed to be 22-feet in width. · priveway number 6 is proposed to extend directly nOl1h of the commercial/industrial roadway and proposed to intersect the nOl1hern portion of the cul-de-sac. This driveway is proposed to be 40-feet in width. · Driveway number 7 is proposed to intersect the commercial/industrial roadway that extends from Fairview A venue north and is proposed to be located 50-feet n01tl1 ofthe commercial/industrial roadway that runs east and west. This driveway is proposed to be 25-feet in width. · Driveway number 8 and 9 are proposed to intersect the commercial/industrial roadway that runs east and west and is proposed to be located approximately 160-feet east of the commerciallindustrial roadway that extends frol11 Fairview Avenue to the n011h. These driveways are proposed to align with on another. These driveways are proposed to be 30-feet in width. All of the proposed driveway locations meet District policy EXCEPT for driveway number 1. Driveway number 1 should be constructed a minimum of 50-feet north of Fairview Avenue to be in conformance with District policy and to be approved by the District. All of the proposed driveway widths meet District policy EXCEPT for driveway number 6. Driveway number 6 should be constructed a maximum of 35-feet in width. 6. All Driveways Graveled driveways abutting public streets create maintenance problems due to gravel being tracked onto the roadway. In accordance with District policy, 7207.9.1, the applicant should be required to pave the driveway its full width and FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING REQUEST FOR APPROVAL TO CONSTRUCT A TEMPORARY PRIVATE ROAD FOR THE CONSTRUCTION OF PHASE 1 OF FAIRVIEW LAKES BY HOPKINS FINANCIAL SERVICES, INC. FOR MI-02-008 - 6 at least 30- feet into the site beyond the edge of pavement of the roadway and install pavement tapers with IS-foot radii abutting the existing roadway edge. 7. Stub Streets District policy 7203.5.1 and 7205.5 requires stub streets to provide intra- neighborhood circulation and to provide access to adjoining parcels. District policy 7203.3.2 requires an existing street or a street in an approved preliminary plat, which extends at a boundary of a proposed development to be extended into that development. The applicant is proposing to extend Teare Avenue. This extension will provide a connection from Teare Avenue to Fairview Avenue. The extension of Teare Avenue meets the goals and intent of District policy and has the supporiive of District staff. Modification of Policy The applicant is proposing to terminate Clarene Street at its current location and constmct temporary bollards for emergency access only. District policy requires that stub streets be constnlCted and/or extended to adjoining properties to provide reasonable access and intra-neighborhood connectivity. Staff would generally support the extension of Clarene Street into the site, but due to the fact that the applicant is extending Teare A venue to the residential neighborhood that is located to the northeast, staff is suppoliive of the applicant's proposal to construct bollards at the terminus of Clarene Street. With the construction ofbollards, Clarene Street will be one-lot and less than ISO-feet in depth, therefore, the applicant will not be required to construct a temporary turnaround. 6. Turnarounds District policy 7204.9.2 requires turnarounds to be constmcted to provide a minimum turning radius of 55-feet. The applicant is proposing to construct a cul-de-sac turnaround at the norih end of the commercial/industrial roadway that extends north from Fairview Avenue. The applicant is proposing to dedicate a hammerhead turnaround at the west end ofClarene Street on the applicant's property. This hammerhead turnaround will function as the propeliy's frontage until the preliminary plat is submitted and the roadways are formally dedicated. 7. Signalization The applicant is proposing to construct a new signal at the intersection of FINDINGS OF FACT CONCLUSIONS OF LA W AND DECISION AND ORDER GRANTING REQUEST FOR APPROVAL TO CONSTRUCT A TEMPORARY PRIVATE ROAD FOR THE CONSTRUCTION OF PHASE I OF FAIRVIEW LAKES BY HOPKINS FINANCIAL SERVICES, INC. FOR MI-02-008 - 7 ( Fairview Avenue and the commerciallindustrial roadway that extends north into the site. The signal is proposed at the half mile. The traffic study determined that the warrants would be met and that the existing signals in the area would not be significantly impacted by the new signal. The District will contribute the hardware necessary for the construction of the new signal and any related roadway improvements. The applicant should plan, construct and install the signal that is proposed at the intersection ofFairview Avenue and the commercial/industrial roadway that extends north into the site. SITE SPECIFIC CONDITIONS OF APPROVAL 1. Dedicate 60-feet of right-of-way from the centerline of Fairview Avenue 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 bf 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 with the ACHD Ordinance in effect at that time (currently Ordinance #195). 2. Construct a 5-foot concrete sidewalk on Fairview Avenue located 2-feet within the new right-of-way. If the sidewalk meanders, the sidewalk shall meander outside of the right-of-way and the applicant shall provide an easement for the sidewalk. 3. Construct and install the signal and any related roadway improvements that are necessary for the proposed signal at the intersection of Fairview Avenue and the commercial/industrial roadway that extends nOlth into the site. 4. Construct a commercial/industrial roadway that intersects with Fairview Avenue 3lG-feet east of the west property line, as proposed. 5. Construct the internal roadways as 40-foot street sections with curb, gutter and 5- foot concrete sidewalk within 54-feet of right-of-way, as proposed. The portion of the commercial/industrial roadway that connects to Teare A venue shall taper appropriately to accommodate for drainage. 6. Construct a 30-foot wide driveway to intersect Fairview Avenue approximately 240-feet west of the east propeliy line, as proposed. FINDINGS OF FACT CONCLUSIONS OF LA W AND DECISION AND ORDER GRANTING REQUEST FOR APPROV ALTO CONSTRUCT A TEMPORARY PRIVATE ROAD FOR THE CONSTRUCTION OF PHASE 1 OF FAIRVIEW LAKES BY HOPKINS FINANCIAL SERVICES, INC. FOR MI-02-008 - 8 7. Construct a 3D-foot wide driveway to intersect the commercial/industrial roadway a minimum of 50-feet n01ih of Fairview Avenue, as proposed. 8. Construct two 25-foot wide driveways to intersect the commerciallindustrial roadway approximately 195-feet nOl1h of Fairview Avenue, as proposed. These driveways shall align with one another. 9. Construct a 22-foot wide driveway to intersect the commerciallindustrial roadway approximately 345-feet north of Fairview Avenue, as proposed. 10. Construct a 22-foot wide driveway to intersect the commerciallindustrial roadway that extends n01th from Fairview Avenue approximately 580-feet north of Fairview Avenue, as proposed. 11. Construct a 35- foot wide driveway to extend directly n01th of the commerciallindustrial roadway and proposed to intersect the northem p011ion of the cul-de-sac, as proposed. 12. Construct a 25-foot driveway to intersect the commercial/industrial roadway that extends from Fairview Avenue n011h and is proposed to be located 50-feet north of the commerciallindustrial roadway that runs east and west, as proposed. 13. Construct two 3D-foot wide driveways to intersect the commercial/industrial roadway that runs east and west and is proposed to be located approximately 160- feet east of the commerciallindustrial roadway that extends from Fairview Avenue to the north, as proposed. 14. Pave the driveway its full width and at least 3D-feet into the site beyond the edge of pavement of the roadway and install pavement tapers with 15-foot radii abutting the existing roadway edge. 15. Extend Teare Avenue as a 40-foot street section with curb, gutter and 5-foot concrete sidewalk within 54-feet of right-of-way, as proposed. 16. Terminate Clarene Street at its current location and construct boIlards for emergency access only, as proposed. 17. Construct a cul-de-sac turnaround at the north end ofthe commercial/industrial roadway that extends north from Fairview Avenue. The cul-de-sac turnaround shall be constructed to provide a minimum tuming radius of 55-feet. FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING REQUEST FOR APPROV ALTO CONSTRUCT A TEMPORARY PRIVATE ROAD FOR THE CONSTRUCTION OF PHASE I OF FAIRVIEW LAKES BY HOPKINS FINANCIAL SERVICES, INC FOR MI-02-008 - 9 18. Comply with all Standard Conditions of Approval. STANDARD CONDITIONS OF APPROVAL 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damage curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. 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. 5. 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. 6. 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. 7. Payment of applicable road impact fees are required prior to bullding construction in accordance with Ordinance #195, also known as Ada County Highway District Road Impact Fee Ordinance. 8. It is the responsibility ofthe 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. 9. 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 FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING REQUEST FOR APPROV ALTO CONSTRUCT A TEMPORARY PRIVATE ROAD FOR THE CONSTRUCTION OF PHASE 1 OF FAIRVIEW LAKES BY HOPKINS FINANCIAL SERVICES, INC. FOR MI-02-008 - 10 District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 10. Any change by the applicant in the planned use of the propeliy 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 propeliy unless a waiver/variance of said requirements or other legal reI ief is granted pursuant to the law in effect at the time the change in use is sought. Adopt the Comments of Sanitary Service as follows: 1. That previous review of the project reflected concems to Sanitary Service pertaining to inadequate enclosures and placement for waste services throughout the project. Adopt the Recommendation of Settler's Irrigation District as follows: 1. The District's Settler's Canal courses through the propeliy and is located just nO[1h of the cul-de-sac of the proposed private road referred to as North Lark Avenue. The easement of the Settlers Canal must be protected. Adopt the Recommendations and/or Comments ofNampa & Meridian Irrigation District as follows: 1. The District has no comment on the temporary road as long as the roadway does not impact the District's Jackson's Drain easement. The District requires a Land Use Change/Site application to be filed before any permanent structure or road is constructed. 2. All laterals and waste ways must be protected and all municipal surface drainage must be retained on site. If any surface drainage leaves the site, the District must review drainage plans. The developer must comply with Idaho Code ~31-3805. 3. It is recommended that irrigation water be made available to all developments within the District. CONCLUSIONS OF LAW 1. Approval of this request for a private street is based upon the information FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING REQUEST FOR APPROVAL TO CONSTRUCT A TEMPORARY PRIVATE ROAD FOR THE CONSTRUCTION OF PHASE I OF FAIRVIEW LAKES BY HOPKINS FINANCIAL SERVICES, INC. FOR MI-02-008 - I I provided by the applicant on the private street, and the private street will be built to ACHD standards and will be dedicated to ACHD upon recordation of the final plat for the Fairview Lakes Subdi vision, prior to occupancy of any of the buildings erected as part of Phase I of Fairview Lakes. DECISION AND ORDER Pursuant to the City Council's authority as provided in Meridian City Code ~ 12- 3-5 and based upon the above and foregoing Findings of Fact which are herein adopted: IT IS HEREBY ORDERED AND THIS DOES ORDER I. That the applicant is granted approval to construct a temporary private road for the construction of Phase 1 of Fairivew Lakes by Hopkins Financial Services, Inc., for the property located at 824 East Fairview Avenue, which private road will be located off ofthe n01th side of Fairview Avenue, approximately 1/2 mile east of Meridian Road; and that the applicant shall be required to comply with all the above conditions and requirements of staff and/or governmental entities. -/t.. By action of the City Council at its regular meeting held on the 15 --day of Ocho6r'i0 ,2002. ROLL CALL COUNCILMAN BIRD VOTED (fC?f...- VOTED f;I-e t<- VOTED f:le"':0- VOTED f;lC&L./ COUNCIL WOMAN de WEERD COUNCIL WOMAN McCANDLESS COUNCILMAN NARY MAYORROBERTD.CORRIE~ .... VOTED (TIE BREAKER) ~ FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING REQUEST FOR APPROY ALTO CONSTRUCT A TEMPORARY PRIY A TE ROAD FOR THE CONSTRUCTION OF PHASE] OF FAIRYIEW LAKES BY HOPKINS F]NANC]AL SERVICES, INC. FOR MI.02-008 ..------. - ]2 Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. z:\ Work\M\Meridian\Meridian I 5360M\Fairvicw Lakes M I-02-008\FrClsOrdM I-02-008.doc I ~ .. SEAL ""? (1)- G--, cc::.::; / -r: (,;'0' "D" ;;- <" <) &,.. 1S1 . -:<->..1 ,f '/, ".f a f..)~ ...' '/// 0; f.' l-<MJ ~ ........... 111/ V,'', ~. 1. \\~\ Ilj::;u? ,:n~n\\\\ By.~,d~1 9- City Clerk Dated: /?; -15'-tJ Z FIND[NGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING REQUEST FOR APPROVAL TO CONSTRUCT A TEMPORARY PRIVATE ROAD FOR THE CONSTRUCTION OF PHASE I OF FAIRVIEW LAKES BY HOPKINS FINANCIAL SERVICES, INC. FOR MI-02-008 - [3 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR REZONE OF 1.52 ACRES FOR HOL Y NATIVITY EPISCOPAL CHURCH FROM R-4 TO L-O, LOCATED AT 1021 W. 8TH STREET, MERIDIAN, IDAHO HOLY NATIVITY EPISCOPAL CHURCH, Applicant. C/C 10-01-02 ) ) ) ) ) ) ) ) ) ) ) Case No: RZ-02-002 FINDINGS OF FACT AND CONCLUSIONS OF LAW, DECISION AND ORDER GRANTING APPLICATION FOR REZONE The above entitled matter on the rezoning application of 1.52 acres having come on for public hearing on October 1, 2002, at the hour of 7:00 o'clock p.m., and Council having received the report of Steve Siddoway of the Planning and Zoning Department, and Bruce Freckleton of the Public Works Depariment, and Brad Hawkins-Clark ofthe Planning and Zoning Department, and Janice Avera, appeared and testified, and no one appeared in opposition, and the Council having received the record of this matter made before the Planning and Zoning Commission, and having received their Recommendation to the City Council, and the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, Decision and Order: FINDINGS OF FACT 1. The notice of public hearing on the application for rezoning was published for two (2) consecutive weeks prior to said public hearing scheduled for October 1, 2002, before FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 1.52 ACRES FROM R-4 TO L-O BY HOLY NATIVITY EPISCOPAL CHURCH J (RZ-02-002) - I the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing; and that copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the October 1, 2002, public hearing; and the applicant, affected propeliy owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code 99 67-6509 and 67-6511, and Meridian City Code 99 11-15-5 and 11-16-1. 3. The City Coullci I takes judicial notice of its zoning, subdivisions and development ordinances codified at Meridian City Code Title 11 and Title 12, and all current zoning maps thereof, and the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance No. 629 C January 4, 1994, and maps and the ordinance Establishing the Impact Area Boundary. 4. The propeliy is approximately 1.52 acres in size. The property is located at 1021 W. 8th Street, Meridian, Idaho, and a copy of the legal description is on file at the City Clerk's office, Meridian City Hall, 33 East Idaho, Meridian, Idaho. 5. The owner of record of the subject propeliy is Episcopal Diocese of Idaho. 6. The Applicant is Holy Nativity Episcopal Church of Meridian, Idaho. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 1.52 ACRES FROM R-4 TO L-O BY HOLY NATIVITY EPISCOPAL CHURCH / (RZ-02-002) - 2 ( 7. The property is presently zoned as R-4, and contains an existing church building. 8. The Applicant requests the propeliy be rezoned to Limited Office. (L-O). 9. The proposed site is bordered to the n01ih by single-family residences (Gregory Subdivision), to the south by multi-family residences, to the east by single-family residences (Frost's Westside Subdivision), and to the west by single-family residences (Canna Lilly Estates Subdivision). 10. The subject property is within city limits of the City of Meridian. 11. The entire parcel of the property is included within the Meridian Urban Service Planning Area as defined in the Meridian Comprehensive Plan. 12. The Applicant proposes to develop the subject propeliy in the following manner: The Applicant seeks zoning consistent with the existing church development, and may wish to sell the property to other users in the future. 13. The Applicant's requested rezoning of the subject real property as L-O is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Public/Quasi-Public. 14. There are no significant or scenic features of major importance that affect the consideration of this application. 15. In review of the application for rezone it is provided at Meridian City Code 9 11-15-11 for the General Standards that the Commission and Council review this proposed zoning amendment and pursuant to the criteria of said section finds that: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 1.52 ACRES FROM R-4 TO L-O BY HOLY NATIVITY EPISCOPAL CHURCH / (RZ-02-002) - 3 15.1 The new zoning will be harmonious with and in accordance with the Comprehensive Plan; 15.2 The area included in the zoning amendment is not intended to be rezoned in the future; 15.3 The proposed use will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the genera] vicinity and that such use will not change the essential character of the same area, subject to the conditions ofthe conditional use process; 15.4 The proposed use will not be hazardous or disturbing to existing or future neighboring uses, subject to the conditions of the conditional use process; 15.5 The area will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage st~"uctures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed zoning amendment shall be able to provide adequately any of such services; 15.6 The use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; 15.7 The use will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, propeliy or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; 15.8 The area will have vehicular approaches to the propeliy which shall be so designed as not to create an interference with traffic on surrounding public streets; 15.9 The use will not result in the destruction, loss or damage ofa natural or scenic feature of major impoliance; and 15.10 The proposed zoning will be in the best interest of the City of Meridian. 15.2 Staff and Agency recommendations and/or conditions provide as follows: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: FINDINGS or rACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 1.52 ACRES FROM R-4 TO L-O BY HOLY NATIVITY EPISCOPAL CHURCH / (RZ-02-002) - 4 Site-Specific ReQuirements 1. The site must be brought into compliance with all current ordinances as pari of any expansion, addition, or change in use on the property. 2. The Applicant shall have the option to either develop under a Planned Unit Development or to subdivide the land. 3. The off-premise sign shall be grandfathered and will be allowed despite its non- confonnance to Meridian City Ordinance. At such time as the property's use changes then the sign shall be removed if at that time it does not conform to Meridian City Code. 4. The Applicant shall be given a period of six (6) months to reduce the three current signs to one. Standard Conditions 1. All signage in the proposed project shall be in accordance with the standards set forth in Section 11-14 of the City of Meridian Zoning and Development Ordinance. 2. Provide off-street parking in accordance with the City of Meridian Ordinance 11-13 for use of property. _ 3. All construction shall conform to the requirements of the Americans with Disabilities Act. B. Adopt the Recommendations of the ACHD as follows: If the rezone is approved and the District receives a development proposal, the District intends to provide the following requirements, in addition to any additional requirements that may apply upon District review of future development, to the City of Meridian: Site Specific Conditions of ApllrOval I. In accordance with District policy, construct a 5 foot wide detached concrete sidewalk (match improvements) on 8th Street abutting the undeveloped pOliion oftlle site located 2 feet within the right-of-way. Coordinate the location and elevation of the sidewalk with District staff. Ifthe sidewalk meanders outside of the right-of-way, provide an easement for the sidewalk. The District will require a license agreement for the landscape strip with the detached sidewalk. An agreement must be approved prior to scheduling the final plat for signahlre. Please contact the Right-of- Way Division at 387-3271 for guidelines. 2. In accordance with District policy, replace unused curb cuts on 8th Street with concrete sidewalk to match existing improvements. 3. In accordance with District policy, driveways located on collector or arterial roadways with a speed limit of 30 are to align or offset a minimum of 125 feet from any existing or proposed driveway. 4. In accordance with District policy, the Applicant shall be required to pave any driveway its full width and at least 30 feet into the site beyond the edge of pavement of 8th Street with 15 foot radii abutting the existing roadway edge. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 1.52 ACRES FROM R-4 TO L-O BY HOLY NATIVITY EPISCOPAL CHURCH I (RZ-02-002) - 5 5. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter, and sidewalk and any that may be damaged during the constmction of the proposed development. Contact Constmction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five year old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. 5. All design and construction shaH 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 permits), which incorporates any required design changes. 7. Constmction, 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 appl icable road impact fees is 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 of 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 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. FINDINGS OF FACT AND CONCLUSIONS OF LA W AND DECISION AND ORDER OF APPROVAL OF REZONING OF 1.52 ACRES FROM R-4 TO L-O BY HOLY NATlVITY EPISCOPAL CHURCH I (RZ-02-002) - 6 16. It is found that the current Comprehensive Plan Land Use Map delineates the property as "Public/Quasi-Public". Churches are a quasi-public use. The requested L-O zoning is harmonious with the "Public/Quasi-Public" designation and is in accordance with the overall goals and policies of the Comprehensive Plan. 17. It is found that the proposed zoning amendment complies with the intended zone(s) suppOlied by tbe Future Land Use Map. The propetiy is not intended for another rezone in the future. 18. It is found that the existing church development is in accordance with the uses pelmitted in the proposed L-O zone. Any other use would have to be considered under the appropriate zoning review process. 19. The existing legal, non-conforming uses, such as the church and several multi- family dwellings in the area, suggest that it may be appropriate to rezone the area to make those uses legal, conforming uses. The proposed rezone would have such an effect on the church property. 20. It is found that the existing church use is appropriate and harmonious with the existing area and that it will not change the essential character of the general vicinity (as it has been there for nearly 30 years). Any other uses, such as office or daycare, could be harmonious with the existing and intended character of the same area, if constructed and operated appropriately. Any application for a change in use will have to be weighed on the merits of the specific application. Any change in use will require a Certificate of Zoning Compliance or Conditional Use Permit application, as determined by the Schedule of Use Control in the City's Zoning Ordinance. FINDINGS OF FACT AND CONCLUSIONS OF LA W AND DECISION AND ORDER OF APPROVAL OF REZONING OF 1.52 ACRES FROM R-4 TO L-O BY HOLY NATIVITY EPISCOPAL CHURCH I (RZ-02-002)-7 21. It is found that the re-zone to L-Q should not be disturbing to existing or future neighboring uses. 22. It is found that the proposed uses will be adequately served by aU essential public services and facilities. 23. It is found that the requested uses will not create excessive additional requirements at public costs for public facilities and services. Additionally, it is found that the proposed rezone would not be detrimental to the economic welfare of the community. 24. It is found that any proposed L-O zoned property will not involve uses, activities, processes, materials, equipment, and conditions that are detrimental to the general welfare ofthe community. 25. It is found that the proposed use will not interfere with general traffic patterns on any public streets. The street is already heavily traveled for access to the Meridian Middle School. 26. It is found that the zoning amendment would be in the best interest of the City by allowing a property owner to make improvements to the property that would otherwise not be allowed without the zoning amendment. CONCLUSIONS OF LAW 1. The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 2. The City of Meridian has exercised its authority and responsibility as FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF A PPROV AL OF REZONING OF 1.52 ACRES FROM R-4 TO L-O BY HOLY NATIVITY EPISCOPAL CHURCH I (RZ-02-002)" 8 provided by "Local Land Use Planning Act of 1975", codified at Chapter 65, Title 67, Idaho Code by the adoption of Comprehensive Plan City of Meridian adopted December 21,1993, Ord. No. 629, January 4, 1994. 3. The requested zoning of Limited Office District, (L-O) is defined in the Zoning Ordinance at 11-7-2 G as follows: (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 Llses shall not involve heavy testing operations of any kind or product manufacturing of such a nature to create noise, vibration or emissions of a nature offensive to the overall purpose ofthis District. The L-Q 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. 4. Idaho Code S 67-6511 provides and requires that the City shall establish by ordinance one or more zones or zoning districts in accordance with the adopted Comprehensive Plan and the ordinance establishing zoning districts can be amended with pmiicular consideration given to the effects of any proposed zone change upon the delivery of services by any political subdivision providing public services, including school districts, within the City's planning jurisdiction and that it is in conformance with the Comprehensive Plan. 5. Idaho Code S 67-6511A provides: Each governing board may, by ordinance adopted or amended in accordance with the notice and hearing provisions provided under section 67-6509, Idaho Code, require or permit as a condition of rezoning that an owner or developer make a written commitment conceming the use or development of the subject parcel. The goveming board shall adopt ordinance provisions governing the creation, form, recording, modification, enforcement and termination of conditional commitments. FINDINGS OF FACT AND CONCLUSIONS OF LA W AND DECISION AND ORDER OF APPROVAL OF REZONING OF 1.52 ACRES FROM R-4 TO L-O BY HOLY NATIVITY EPISCOPAL CHURCH I (RZ-02-002) - 9 6. The City of Meridian by the adoption of Meridian City Code ~ 11-15-12 has exercised its authority to require or permit as a condition of rezoning that an owner or developer make a written commitment conceming the use or development of the subject propeliy. 7. ~ 11-6-1 ZONING DISTRICT MAP provides in part as follows: The districts established in this Ordinance as shown on the Official Zoning Map, together with all explanatory matter thereon, are hereby adopted as part ofthis Ordinance. Where uncertainty exists with respect to the boundaries of any of the zoning districts as shown on the Official Zoning Map, the following shall apply: 7.1 Where district boundaries are indicated as approximately following the centerline of street I ines, highway right-of-way lines, streams, lakes or other bodies of water, the centerline shall be construed to be such boundary; 7.2 Where district boundaries are so indicated that they approximately follow the lot lines, such lot lines shall be construed to be said boundaries; 7.3 Where district boundaries are so indicated that they are approximately parallel to the centerlines or street lines of streets, or the centerlines or right-of-way lines of highways, such district boundaries shall be construed as being parallel thereto and at such distance therefrom as indicated on the Official Zoning Map. Uno distance is given, such dimensions shall be determined by the use of the scale shown on the Official Zoning Map; and 7.4 Where the boundary of a district follows a railroad line, such boundary shall be deemed to be located in the middle of the main tracks of said railroad line. 8. S 11-15-110fthe Meridian City Code GENERAL STANDARDS APPLICABLE TO ZONING AMENDMENTS provides in part as follows: The Commission and Council shall review the particular facts and circumstances of each proposed zoning amendment in terms of the following standards and shall find adequate evidence answering the following questions about the proposed zoning amendment: 8. I The new zoning will be harmonious with and in accordance with the Comprehensive Plan. 8.2 The area is not intended to be rezoned in the future. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 1.52 ACRES FROM R-4 TO L-O BY HOLY NATIVITY EPISCOPAL CHURCH I (RZ-02-002) - 10 8.3 The area is intended to be developed in the fashion that is allowed under the new zonlllg. 8.4 There has been no change in the area or adjacent areas which would dictate the area should be rezoned. 8.5 The proposed uses will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; 8.6 The proposed uses will not be hazardous or disturbing to existing or future neighboring uses; 8.7 The area will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed .zoning amendment shall be able to provide adequately any of such services; 8.8 The use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; 8.9 The proposed lIses will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; 8.10 The area will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; 8.11 The use will not result in the destruction, loss or damage of a natural or scenic feature of major impOliance; and 8.12 The proposed zoning amendment is in the best interest of the City of Meridian. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 1.52 ACRES FROM R-4 TO L-O BY HOLY NATIVITY EPISCOPAL CHURCH / (RZ-02-002) -11 DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW WHICH ARE HEREIN ADOPTED, the City Council does hereby Order and this does Order: 1. The Applicant's request for rezone of approximately 1.52 acres for zoning consistency with the existing church development, and for future selling of the property to other users in the future, is granted, subject to the terms and conditions of this Order hereinafter stated; and 2. The following special terms and conditions of use and development relate to this application to-wit: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: Site-Specific Requirements L. The site must be brought into compliance with all CUlTent ordinances as part of any expansion, addition, or change in use on the property. 2. The Applicant shall have the option to either develop under a Planned Unit Development or to subdivide the land. 3. The off-premise sign shall be grandfathered and will be allowed despite its non- conformance to Meridian City Ordinance. At such time as the property's use changes then the sign shall be removed if at that time it does not COnf01l11 to Meridian City Code. 4. The Applicant shall be given a period of six (6) months to reduce the three current signs to one. Standard Conditions 1. All signage in the proposed project shall be in accordance with the standards set forth in Section 11-14 of the City of Meridian Zoning and Development Ordinance. 2. Provide off-street parking in accordance with the City of Meridian Ordinance 11-13 for use of property. 3. All construction shall conform to the requirements of the Americans with Disabilities Act. FINDlNGS OF FACT AND CONCLUSIONS OF LA W AND DE.CISION AND ORDER OF APPROVAL OF REZONING OF 1.52 ACRES FROM R-4 TO L-O BY HOLY NATIVITY EPISCOPAL CHURCH I (RZ-02-002) - [2 B. Adopt the Recommendations of the ACHD as follows: lfthe rezone is approved and the District receives a development proposal, the District intends to provide the following requirements, in addition to any additional requirements that may apply upon District review offuture development, to the City of Meridian: Site Specific Conditions of Approval I. In accordance with District policy, construct a 5 foot wide detached concrete sidewalk (match improvements) on 8th Street abutting the undeveloped portion of the site located 2 feet within the right-of-way. Coordinate tbe location and elevation ofthe sidewalk with District staff. If the sidewalk meanders outside of the right-of-way, provide an easement for the sidewalk. The District will require a license agreement for the landscape strip with the detached sidewalk. An agreement must be approved prior to scheduling the final plat for signature. Please contact the Right-of-Way Division at 387-3271 for guidelines. 2. In accordance with District policy, replace unused curb cuts on 81h Street with concrete sidewalk to match existing improvements. 3. In accordance w(th District policy, driveways located on collector or arterial roadways with a speed limit of 30 are to align or offset a minimum of 125 feet from any existing or proposed driveway. 4. In accordance with District policy, the Applicant shall be required to pave any driveway its full width and at least 30 feet into the site beyond the edge of pavement of 8th Street with 15 foot radii abutting the existing roadway edge. 5. Comply with all Standard Conditions of Approval. Standard Conditions of Approval I. Any existing ilTigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be bome by the developer. 3. Replace any existing damaged curb, gutter, and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five year old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. 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 propeliy development shall be in confonnance with all applicable requirements of the Ada County Highway District prior to District approval for FINDINGS OF FACT AND CONCLUSIONS OF LA W AND DECISION AND ORDER OF APPROVAL OF REZONING OF 1.52 ACRES FROM R-4 TO L-O BY HOLY NATIVITY EPISCOPAL CHURCH / (RZ-02-002) - 13 occupancy. 8. Payment of applicable road impact fees is 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 DIG LINE (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 of 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 fi'om 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, plan~, 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. 3. The City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the re-designation of the zoning for the real propeliy which is the subject of the application to (L-O) Limited Office District (Meridian City Code S 1] -7-2 G) which ordinance shall be considered for passage. 4. Subsequent to the passage of the Ordinance, provided for in Section 2 of this Order, the engineering staff of the Public Works Department shall prepare the appropriate mapping changes of the official Zoning Maps as provided in Meridian City Code S 11-21-1 in accordance with the provisions of the rezoning ordinance. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 1.52 ACRES FROM R-4 TO L-O BY HOLY NATIVITY EPISCOPAL CHURCH / (RZ-02-002) - 14 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 the rezoning may, within twenty-eight (28) days after the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on aloU1....,. ,2002. ROLL CALL COUNCILMAN BIRD VOTED~ COUNCILWOMAN deWEERD VOTED f;fecv COUNCILWOMAN McCANDLESS VOTED~ COUNCILMAN NARY VOTED~ - MAYOR ROBERT CORRIE (TIE BREAKER) DATED: /IJ- /5- 0 2- MOTI~~~ROVE~_ VOTED DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Depariment, Public Works Department ::d~:eA~ {b lty Clerk ' -;.. Dated: , 2 Z:\Work\M\Meridiun\Mcridiun 15360M\Holy Nativity Episcopal Church RZ.02.002\FfsClsOrderREZ.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 1.52 ACRES FROM R~4 TO L-O BY HOLY NATIVITY EPISCOPAL CHURCH / (RZ-02-002) - 15 BEFORE THE MERIDIAN CITY COUNCIL C/C 10-01-02 IN THE MATTER OF THE ) APPLICATION OF RONALD ) YANKE AND WALTER T. ) SIGMONT, JR., THE ) APPLICATION FOR ANNEXATION ) AND ZONING OF 5.41 ACRES FOR ) RONALD YANKE PROPERTY, ) LOCATED AT THE NORTHWEST ) CORNER OF E. FRANKLIN ROAD, ) WEST OF N. EAGLE ROAD ON E. ) LANARK ST., MERIDIAN, IDAHO ) Case No. AZ-02-017 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING The above entitled annexation and zoning application having come on for public hearing on October 1,2002, at the hour of7:00 p.m., and Brad Hawkins-Clark of the Planning and Zoning Department, 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 S S 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 [ AND DECrSION AND ORDER GRANTING APPLTCA TION FOR ANNEXATION AND ZONING/RONALD YANKE PROPERTY (AZ-02-017) Boundary. 3. The property which is the subject of the application for annexation and zoning is described in the application, and is approximately 5.41 acres in size, is located at the northwest corner ofE. Franklin Road, west ofN. Eagle Road on E. Lanark 81., Meridian, Idaho, all within the Area of Impact of the City of Meridian and the Meridian Urban Service Planning Area. 4. The owners of record of the subject property are Ronald Yanke and Walter T. Sigmont, lr.; and the applicants are owners of record of the subject propeliy. 5. The propeliy is presently zoned M-l. Seven of the eight lots have existing buildings On them; one is vacant. 6. The Applicant requests the property be zoned as I-L, most ofthe property is already developed and the Applicant seeks zoning consistent with its present use, which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Light Industrial. 7. The subject property is bordered to the n01ih by Union Pacific Railroad tracks and Elixir Industries, to the south by commercial/industrial buildings, to the east by the RC. Willey fumiture store and vacant commercial lots, and to the west by a vacant 14.4 area parcel. 8. There are no significant or scenic features of major impOliance that affect the consideration of this application. 9. Giving due consideration to the comments received from the govemmental subdivisions providing services in the City of Meridian planning jurisdiction, public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2 AND DECISION AND ORDER GRANTING APPLICA nON FOR ANNEXA nON AND ZONING/RONALD YANKE PROPERTY (AZ-02-0 17) A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. All lots within the subject annexation shall be served by existing City of Meridian sanitary sewer and water mains within Lanark Street. 2. All parking and associated drive aisles shall be paved per Ordinance 11-13-4.D. Dimensions of all parking facilities shall meet the requirements of ordinance 11-13-4.E and F. 3. All future development of vacant lots and re-development of existing built lots shall conf01111 with the City of Meridian Zoning and Subdivision Ordinances. 4. All signage for the proposed project shall be in accordance with the standards set forth in Section 11-14 of the city of Meridian Zoning and Development Ordinance. 5. Provide off-street parking in accordance with the City of Meridian Ordinance 11-13 for use of property. 6. All construction shall conform to the requirements of the Americans with Disabilities Act. B. Adopt the Reco~mendations of the ACHn as follows: If the rezone is approved and the District receives a development proposal, the District intends to provide the following requirements, in addition to any additional requirements that may apply upon District review of future development, to the City of Meridian: 1. Dedicate 27 feet of right-of-way fi'om the centerline of Lanark Street abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will not be compensated for this additional right-of-way because Lanark Street is a local/local commercial street and is to be brought to adopted standards by the developers of abutting properties. 2. Comply with requirements of rTD for State Highway 55 (Eagle Road) frontage. Submit to the District a letter from ITD regarding said requirements prior to District approval of the final plat or issuance of a building permit (or other required permits), whichever occurs first. Contact District III Traffic Engineer Michael Garz at 334-8340. 3. Construct curb, gutter,S foot wide concrete sidewalk, and match paving on Lanark Street abutting the parcel. Improvements shall be constmcted to one-half of a 40-foot street section on each side of the roadway. 4. Pave all driveways to their full-required width and to a point 30 feet beyond the edge of pavement of Lan ark Street with 15 foot curb radii/pavement tapers abutting the existing roadway edge. 5. As required by District policy, restrictions on the width, number and locations of driveways shall be placed on future development ofthis parcel. 6. Comply with all Standard Conditions of Approval. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/RONALD YANKE PROPERTY (AZ-02-017) Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter, and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. 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 celiify all improvement plans. S. The Applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required pernlits), which incorporates any required design changes. 6. 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. 7. Payment of appli.cable road impact fees is required prior to building construction in accordance with Ordinance #195, also known as Ada County Highway District Road Impact Fee Ordinance. 8. It is the responsibility ofthe 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 constmction. 9. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the Applicant of 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. 10. Any change by the Appbcant in the planned use of the propeliy which is the subject of this application, shall require the Applicant to comply with all rules, regulations, ordinances, plans, or other regulatOlY 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 subj ect propeliy 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. C. Adopt the Recommendations of the Meridian Fire Department as follows: 1. Provide a fire-flow as required by the 1997 Uniform Fire Code Appendix III-A. Please show all proximity hydrants within 500' of the project on the resubmitted plat. 2. All entrances and intemal roads shall have corners with a minimum of a 28' inside radius and 48' outside radius. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/RONALD YANKE PROPERTY (AZ-02-0 17) 3. The proposed buildings and uses shall comply with the 1997 Uniform Fire Code. 4. Acceptance of water supply for fire protection is contingent upon acceptance of the water system by the City of Meridian for water quality. 5. Final approval of fire hydrant locations shall be by the Fire DepaIiment. 6. The roadways shall be built to Ada County Highway Standards and shall have a clear driving surface, which is 20' wide. Any building more than 30' in height shall have a 26' wide access road to provide for aerial truck operations. 7. All building uses and occupancies will have to meet the separation requirements of the Uniform Building Code. 10. It is found that if the developer pays for the requested improvements and complies with the conditions set forth in these Findings of Fact No.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 ~nd 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 hamlonious 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 application is in conformance with the 1993 Comprehensive Plan, which designates the property as "Light Industrial", and with the August 2002 Comprehensive Plan, which designates the properiy as "Industrial". 13. It is not anticipated that the land to be annexed wilI be rezoned in the future to anything other than the requested zone. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/RONALD YANKE PROPERTY (AZ-02-017) 14. It is found that, with the exception of one of the eight lots, the subject property is built-out and developed in a manner consistent with the industrial zoning. It is also anticipated that the undeveloped lot may be developed in the future in accordance with the I-L zone. 15. It is found that the subject propeliy is a County enclave, surrounded on four sides by I-L zoning. The I-L zoning approved for the surrounding propelties may dictate that the property should be zoned to match, especially since it is part of the same subdivision. 16. It is found that the proposed I-L zoning will not change the intended character of the area. Rather, it will have the effect of changing the propeliy from an enclave to the intended character of the property. 17. Since only one of the eight lots to be annexed is undeveloped and the existing uses are operated in a manner that is not hazardous or disturbing, the rezone use should not be disturbing or hazardous to the existing or future neighboring uses. 18. It is found that the property to be annexed can be served adequately at this time by all essential public facilities and services. 19. It is found that there will not be excessive additional requirements at public cost and that the annexation and zoning will not be detrimental to the community's economic welfare. 20. There are no proposed uses in this application. It is found that the existing buildings and uses do not create excessive traffic, noise or other nuisances that would be detrimental to the general welfare of the sUlTounding industrial/commercial area. 21. It is found that both Lanark Street and Eagle Road are dedicated public roadways that adequately serve the subject lots. 22. It is found that no natural scenic feature of major importance will be lost or damaged by approving the annexation and rezone. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/RONALD YANKE PROPERTY (AZ-02-017) 23. It is found that the annexation of this enclave property would be in the best interest of the City. 24. The subject annexation request and zoning designation and proposed development relates to and is compatible with the goals and policies of the Comprehensive Plan of the City. CONCLUSIONS OF LAW I. The City of Meridian has authority to annex real property upon written request for annexation and the real property being contiguous or adjacent to city boundaries and that said property lies within the area of city impact as provided by Idaho Code Section 50-222. The Meridian City Code S 11-16 provides the City may annex real property that is within the Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan. 2. The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 3. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act of 1975", codified at Chapter 65, Title 67, Idaho Code by the adoption of the Comprehensive Plan City of Meridian adopted December 21, 1993, Ord. No. 629, January 4, 1994. 4. The following are found to be pertinent provisions of the City of Meridian Comprehensive Plan and are applicable to this Application, Goals 1 through 10, inclusive. S. The zoning of Light Industrial District is defined in the Zoning Ordinance at S 11-7-2 N as follows: (I-L) Light Industrial District: The purpose of the I-L Light Industrial District is to provide for light industrial development and opportunities for employment of Meridian citizens and area residents and reduce the need to commute to neighboring cities; to FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXA TrON AND ZONING/RONALD YANKE PROPERTY (AZ-02-0 17) encourage the development ofmanufacturing and wholesale establishments which are clean, quiet and free of hazardous or objectionable elements, such as noise, odor, dust, smoke or glare and that are operated entirely or almost entirely within enclosed structures; to delineate areas best suited for industrial development because of location, topography, existing facilities and relationship to other land uses. This District must also be in such proximity to ensure connection to the Municipal water and sewer systems ofthe City. Uses incompatible with light industry are not permitted, and strip development is prohibited. 6. Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation ofland. See Burt vs. The City ofIdaho Falls, 105 Idaho 65,665 P2d 1075 (1983). 7. The development of the annexed land, if annexed, shall meet and comply with the Ordinances of the City of Meridian including, but not limited to: Section 12-2-4 which peliains to development time schedules and requirements; Section 12-4-13, which peliains 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 5.41 acres to Light Industrial District (I-L) is granted subject to the terms and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of 5.41 acres. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/RONALD YANKE PROPERTY (AZ-02-0 17) shall conform to all the provisions ofthe City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686. 3. Developer shall be required to met the conditions set forth and in the event the conditions herein are not met by the Developer that the propeliy shall be subject to de- annexation, with the City of Meridian, which provides for the following conditions of development, to-wit: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. All lots within t~e subject annexation shall be served by existing City of Meridian sanitary sewer and water mains within Lanark Street. 2. All parking and associated drive aisles shall be paved per Ordinance 11-13-4.D. Dimensions of all parking facilities shall meet the requirements of ordinance 11-13-4.E andF. 3. All future development of vacant lots and re-development of existing built lots shall conform with the City of Meridian Zoning and Subdivision Ordinances. 4. All signage for the proposed project shall be in accordance with the standards set forih in Section 11-14 ofthe city of Meridian Zoning and Development Ordinance. S. Provide off-street parking in accordance with the City of Meridian Ordinance 11-13 for use ofpropeliy. . 6. All construction shall conform to the requirements of the Americans with Disabilities Act. B. Adopt the Recommendations of the ACHD as follows: If the rezone is approved and the District receives a development proposal, the District intends to provide the following requirements, in addition to any additional requirements that may apply upon District review of future development, to the City of Meridian: 1. Dedicate 27 feet of right-of-way from the centerline of Lan ark Street abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance ofa building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will not be compensated for this additional right-of-way because Lanark Street is a local/local commercial street and is to be brought to adopted standards by the developers of abutting properties. 2. Comply with requirements ofITD for State Highway 55 (Eagle Road) frontage. Submit FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/RONALD YANKE PROPERTY (AZ-02-017) to the District a letter from ITD regarding said requirements prior to District approval of the final plat or issuance of a building permit (or other required permits), whichever occurs first Contact District III Traffic Engineer Michael Garz at 334-8340. 3. Construct curb, gutter, 5 foot wide concrete sidewalk, and match paving on Lanark Street abutting the parcel. Improvements shall be constructed to one-half of a 40-foot street section on each side of the roadway. 4. Pave all driveways to their full-required width and to a point 30 feet beyond the edge of pavement of Lanark Street with 15 foot curb radii/pavement tapers abutting the existing roadway edge. S. As required by District policy, restrictions on the width, number and locations of driveways shall be placed on future development of this parceL 6. Comply with all Standard Conditions of ApprovaL Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be bome by the developer. 3. Replace any existing damaged curb, gutter, and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. 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. S. 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. 6. 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. 7. Payment of applicable road impact fees is required prior to building construction in accordance with Ordinance #195, also known as Ada County Highway District Road Impact Fee Ordinance. 8. 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. 9. No change in the terms and conditions of this approval shall be valid unless they are ill writing and signed by the Applicant of 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10 AND DECISION AND ORDER GRANTING APPLICA nON FOR ANNEXATION AND ZONING/RONALD YANKE PROPERTY (AZ-02-0 17) 10. 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 regulatOlY 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. C. Adopt the Recommendations of the Meridian Fire Department as follows: 1. Provide a fire-flow as required by the 1997 Unif01l11 Fire Code Appendix III-A. Please show all proximity hydrants within 500' of the project on the resubmitted plat. 2. All entrances and inte1l1al roads shall have C0111ers with a minimum of a 28' inside radius and 48' outside radius. 3. The proposed buildings and uses shall comply with the 1997 Unifornl Fire Code. 4. Acceptance of water supply for fire protection is contingent upon acceptance of the water system by the City of Meridian for water quality. S. Final approval o(fire hydrant locations shall be by the Fire Depal1ment. 6. The roadways shall be built to Ada County Highway Standards and shall have a clear driving surface, which is 20' wide. Any building more than 30' in height shall have a 26' wide access road to provide for aerial truck operations. 7. All building uses and occupancies will have to meet the separation requirements of the Uniform Building Code. 4. The City Att01l1ey shall prepare for consideration by the City Council the appropriate ordinance for the annexation and zoning designation of the real propeliy which is the subject of the application to (I-L) Light Industrial District, and Meridian City Code S 11-7-2. S. 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 ofthe annexation and zoning ordinance. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body ofthe City of Meridian. Pursuant to Idaho Code 9 67-6521 an affected person is a person who has an interest in real propeliy FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11 AND DECISION AND ORDER GRANTING APPLlCA TION FOR ANNEXATION AND ZONING/RONALD YANKE PROPERTY (AZ-02-017) 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 (5-1!:- day of (}cio6el.- ,2002. ROLL CALL COUNCILMAN KEITH BIRD VOTED ~L- COUNCILWOMAN TAMMY deWEERD VOTED~'-- COUNCILWOMAN CHERIE Mc CANDLESS VOTED~tL COUNCILMAN WILLIAM L.M. NARY VOTED~l-- MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: jO--(S-O 2- , VOTED - MOTION: - APPROVED:~~APPROVED: BY:~A~9>- Dated: /p-/54J2- City Clerk Copy served upon Applicant, the Planning and Zoning Department, Public Work-~ Department and . _,\\IIII\)TIIIIII/ the City Attorney. ,,\\\1' Of ~J1EI?I. 11111.1/ ...,,,, ..<-..1. ()~ /// " c}'... POb ~'L ~ .$ cfu n"17; v ~ .:::- -~(j ~o -;. 2 ~ ~ Z:\Work\M\Meridian\Meridian 15360M\ Yanke Propclty AZ-02-0 17\AZFrcJ&Order.doe FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page I2 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/RONALD YANKE PROPERTY (AZ-02-01 7) BEFORE THE MERIDIAN CITY COUNCIL C/C 10-01-02 IN THE MATTER OF THE ) APPLICATION OF DONN ) REISWIG, THE APPLICATION ) FOR ANNEXATION AND ZONING ) OF 5.0 ACRES FOR PROPOSED ) BAIR PROPERTY, LOCATED ON ) THE SOUTH SIDE OF FRANKLIN ) ROAD, ~ MILE EAST OF EAGLE ) ROAD, MERIDIAN, IDAHO ) Case No. AZ-02-018 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING The above entitled annexation and zoning application having come on for public hearing on October 1,2002, at the hour of7:00 p.m., and Brad Hawkins-Clark of the Planning and Zoning Department, and Donn Reiswig, 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 S~ 67-6509 and 67-6511, and Meridian City Code ~~ 11-15-5 and 11-16-1. 2. The City Council takes judicial notice of its zoning, subdivision and development ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning maps thereof, and the Comprehensive Plan ofthe City of Meridian adopted December 21, 1993, Ordinance No. 629, lanuary 4,1994, and maps and the ordinance Establishing the Impact Area Boundary. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/TOUCHMARK LNING (AZ-02-018) 3. The property which is the subject of the application for annexation and zoning is described in the application, and is approximately 5.0 acres in size, is located on the south side of Franklin Road, 12 mile east of Eagle Road, all within the Area of Impact of the City of Meridian and the Meridian Urban Service Planning Area. 4. The owner of record ofthe subject property is Joseph A. Billig/Touchmark Living Centers, 5150 SW Griffith Drive, Beaverton, Oregon 97005; and the applicant is Donn Reiswig, 3805 E. Franklin Road, Meridian, Idaho. 5. The property is presently zoned by Ada County as RUT, and consists of a vacant single-family residence with several outbuildings. 6. The Applicant requests the property be zoned as L-O, with the intent to convert the existing single-family structure for use as a temporary office space and future expansion of the Touchmark Living Centers, which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Mixed Use-Community. 7. The subj ect property is bordered to the north by vacant/pasture land, and to the south, east and west by Touchmark Living Centers. 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: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGn'OUCHMARK LIVING (AZ-02-018) 1. Staff finds that the property to be annexed cannot be served adequately at this time by our municipal sewer and water systems. As part of the master plan for the Touchmark project, services will be extended directly adjacent to the subject site. Staff agrees that the proposed temporary office use could use the existing domestic well and septic system, however these facilities would have to be abandoned, and City services extended by the Applicant, when and ifthere is a change in use, or expansion beyond that being proposed. 2. The current Development Agreement for Touchmark Living Centers must be amended to include the subject property, and that said amended Development Agreement shall include the new legal description for the additional 5.00 acres, and that this amendment shall be completed prior to the annexation and ordinance being passed and approved. 3. Temporary office use ofthe existing vacant residence shall expire 24 months from the date of occupancy. 4. The driveway shall meet ACHD requirements including the requirement that the Applicant pave the driveway to its full width up to thirty feet (30') from the public road. Behind this thirty foot (30') requirement, the Applicant has agreed to use reclaimed asphalt on the remainder ofthe driveway. 5. The Applicant has agreed that the parking lot shall be paved with a mixture of concrete and asphalt rather than reclaimed asphalt. 6. The three southernmost parking stalls as submitted in the Applicant's plans shall be extended four feet (4') to conform with Melidian City Code for parking stalllength. 7. The landscape buffer along Franklin Road shall be constructed with the balance ofthe landscape buffer associated with Touchmark Living Centers. 8. A revised Conditional Use Permit, as a Planned Development, will be required to incorporate the subject property into the Touchmark Living Centers project for any use other than the temporary office. 9. All signage for the proposed project shall be in accordance with the standards set fOlih in Section 11-14 of the City of Meridian Zoning and Development Ordinance. 10. Provide off-street parking in accordance with the City of Meridian Ordinance 11-13 for use of property. 11. All construction shall conform to the requirements of the Americans with Disabilities Act. B. Adopt the Recommendations ofthe ACHD as follows: Site-Specific Conditions of Approval 1. If the rezone is approved and the District receives a development proposal, the District intends to provide site-specific requirements that may apply upon district review of future developments. The Findings for Considerations cover a portion of the district policies that will pertain to any development proposal for this site. 2. If the rezone is approved and the District receives a development proposal in lieu of constructing the improvements, the Applicant may be required to provide a deposit to the Public Rights-of-Way Trust Fund for the cost of improvements on Franklin Road abutting FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/TOUCHMARK LIVING (AZ-02-018) the parcel prior to issuance of a building pennit. 3. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter, and sidewalk and any that may be damaged during the construction ofthe proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five year old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. 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 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 is required prior to building construction in accordance with Ordinance #195, also known as Ada County Highway District Road hnpact Fee Ordinance. 9. It is the responsibility ofthe 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 of 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 plmmed 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 subj ect 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINUffOUCHMARK LNING (AZ-02-0 18) c. Adopt the Recommendations of the Meridian Fire Department as follows: 1. Provide a fire-flow as required by the 1997 Uniform Fire Code Appendix III-A. 2. All entrances and internal roads shall have comers with a minimum of a 28' inside radius and 48' outside radius. 3. The proposed buildings and uses shall comply with the 1997 Uniform Fire Code. 4. Final approval of fire hydrant locations shall be by the Fire Department. 10. It is found that if the developer pays for the requested improvements and complies with the conditions set forth in these Findings of Fact No.9, and all sub-parts, the economic welfare ofthe City and its residents and tax and rate payers will be protected, a condition of annexation and zoning designation. 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 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 application was submitted in July, prior to adoption ofthe new Comprehensive Plan. The 1993 Comprehensive Plan Map shows the subject parcel as "Single- Family Residential". A Comprehensive Plan Amendment was approved for the Touchmark project, changing the land use from "Single-Family Residential" to "Mixed-Planned Use Development". However, the subject property was not part ofthat amendment. Nevertheless, it FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGITOUCHMARK LIVING (AZ-02-0 18) is believed that if the subject parcel had been submitted as part of the amendment, it likely would have been approved, especially given that the parcel is surrounded on three sides by the approved Touchmark project. The current Comprehensive Plan, adopted August 6,2002, shows the subject parcel as "Mixed-Use-Community". The proposed L-Q zone is in compliance with the current designation. The balance ofthe Touchmark project is also zoned L-O. 13. It is not anticipated that the land to be annexed will be rezoned in the future to anything other than the requested L-O zone. 14. It is found that the property will be developed in a manner consistent with the proposed zoning. The property will become part ofthe Touchmark Living Centers development, which is also zoned L-O. 15. It is found that the subject property is a County enclave, surrounded on three sides by L-Q zoning. The L-Q zoning approved for the surrounding properties may dictate that the property should be zoned to match, especially since it is planned to become part of the same proj ecl. 16. It is found that the proposed L-Q zoning and the future expansion of Touchmark Living Centers on the property will not change the intended character of the area. Rather, it will have the effect of changing the property from an enclave to the intended character of the property. 17. It is not anticipated that the proposed use will be hazardous or disturbing to any future or existing neighbors. 18. It is found that the property to be annexed can not be served adequately at this time by all essential public facilities and services. As part of the master plan for the Touchmark FllIDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGITOUCHMARK LNING (AZ-02-0 18) project, services will be extended directly adjacent to the subject site. It is agreed that the proposed temporary office use could use the existing domestic well and septic system, however, these facilities would have to be abandoned, and City services extended by the applicant, when and if there is a change in use, or expansion beyond that being proposed. 19. It is found that there will not be excessive additional requirements at public cost and that the annexation and zoning will not be detrimental to the community's economic welfare. 20. It is found that the proposed temporary office use and the eventual expansion of the Touchmark project onto the propeliy will not create excessive traffic, noise or other nuisances that would be detrimental to the general welfare of the surrounding area. 21. It is found that the annexation and temporary office use of the property could create interference with the existing traffic on Franklin Road, however, it is found that the additional traffic will not be excessive. Once the propeliy is developed as an integral part of the Touchmark project, it should have access to the internal collector system and will not interfere with traffic on Franklin Road. 22. It is found that that no natural or scenic features of major importance will be lost or damaged by approving the annexation and rezone. There are several mature trees on site that will either have to be preserved or mitigated for, if removed. 23. It is additionally found that the annexation oftms enclave property would be in the best interest ofthe City. CONCLUSIONS OF LAW 1. The City of Meridian has authority to annex real property upon written request for annexation and the real property being contiguous or adjacent to city boundaries and that said FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONlNGITOUCHMARK LNING (AZ-02-0 18) 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, lanuary 4, 1994. 4. The following are found to be pertinent provisions of the City of Meridian Comprehensive Plan and are applicable to this Application: 4.A 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 of a nature offensive to the overall purpose ofthis District. The L-Q District is designed to act as a buffer between the 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 ofland. See Burt vs. The City ofIdaho Falls, 105 Idaho 65, 665 P2d 1075 (1983). FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/TOUCHMARK LIVING (AZ-02-0 18) 7. The development of the annexed land, if annexed, shall meet and comply with the Ordinances of the City of Meridian including, but not limited to: Section 12-2-4 which pertains to development time schedules and requirements; Section 12-4-13, which pertains to the piping of ditches; and Section 12-5-2 N, which pertains to pressurized irrigation systems, and Zoning and Subdivision and Development Ordinance of the City of Meridian. 8. Pursuant to Section 11-16-4 A 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 5.00 acres to Limited Office District (L-O) is granted subject to the terms and conditions ofthis Order hereinafter stated. 2. The application is for annexation and zoning of5.00 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 ofthe City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686. 3. Developer shall be required to met the conditions set forth and in the event the conditions herein are not met by the Developer that the property shall be subject to de- annexation, with the City of Meridian, which provides for the following conditions of development, FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGITOUCHMARK LIVING (AZ-02-0 18) to-wit: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. Staff finds that the property to be atmexed cannot be served adequately at this time by our municipal sewer and water systems. As part of the master pIan for the Touchmark project, services will be extended directly adjacent to the subject site. Staff agrees that the proposed temporary office use could use the existing domestic well and septic system, however these facilities would have to be abandoned, and City services extended by the Applicant, when and ifthere is a change in use, or expansion beyond that being proposed. 2. The current Development Agreement for Touchmark Living Centers must be amended to include the subject property, and that said amended Development Agreement shall include the new legal description for the additional 5.00 acres, and that this amendment shall be completed prior to the annexation and ordinance being passed and approved. 3. Temporary office use of the existing vacant residence shall expire 24 months from the date of occupancy. 4. The driveway shall meet ACHD requirements including the requirement that the Applicant pave the driveway to its full width up to thirty feet (30') from the public road. Behind this thitiy foot (30') requirement, the Applicant has agreed to use reclaimed asphalt on the remainder of the driveway. 5. The Applicant has agreed that the parking lot shall be paved with a mixture of concrete and asphalt rather than reclaimed asphalt. 6. The three southe111ll1ost parking stalls as submitted in the Applicant's plans shall be extended four feet (4') to conform with Meridian City Code for parking stall length. 7. The landscape buffer along Frmlldin Road shall be constructed with the balance ofthe landscape buffer associated with Touchmark Living Centers. 8. A revised Conditional Use Penuit, as a Planned Development, will be required to incorporate the subject property into the Touchmark Living Centers project for any use other than the temporary office. 9. All signage for the proposed project shall be in accordance with the standards set forth in Section 11-14 of the City of Meridian Zoning and Development Ordinance. 10. Provide off-street parking in accordance with the City of Meridian Ordinance 11-13 for use of property. 11. All construction shall conform to the requirements of the Americans with Disabilities Act. B. Adopt the Recommendations of the ACHD as follows: Site-Specific Conditions of Approval 1. If the rezone is approved and the District receives a development proposal, the District intends to provide site-specific requirements that may apply upon district review of future developments. The Findings for Considerations cover a portion of the district policies that FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/TOUCHMARK LIVING (AZ-02-0 18) will pertain to any development proposal for this site. 2. If the rezone is approved and the District receives a development proposal in lieu of constructing the improvements, the Applicant may be required to provide a deposit to the Public Rights-of-Way Trust Fund for the cost of improvements on Franklin Road abutting the parcel prior to issuance of a building permit. 3. Comply with all Standard Conditions of ApprovaL Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter, and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five year old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. 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 is 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 ofthe Applkant 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 of 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 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGffOUCHMARK LNING (AZ-02-0 18) ( . 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 reliefis granted pursuant to the law in effect at the time the change in use is sought. C. Adopt the Recommendations ofthe Meridian Fire Department as follows: 1. Provide a fire-flow as required by the 1997 Uniform Fire Code Appendix ill-A. 2. All entrances and internal roads shall have comers with a minimum of a 28' inside radius and 48' outside radius. 3. The proposed buildings and uses shall comply with the 1997 Uniform Fire Code. 4. Final approval of fire hydrant locations shall be by the Fire Department. 4. The City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the annexation and zoning designation ofthe real property which is the subject of the application to (L-O) Limited Office District, and Meridian City Code ~ 11-7-2. 5. Subsequent to the passage of the Ordinance provided for in section 4 of this Order the engineering staff of the Public Works Department shall prepare the appropriate mapping changes of the official boundaries and zoning maps as provided in Meridian City Code ~ 11-21-1 in accordance with the provisions ofthe annexation and zoning ordinance. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body ofthe City of Meridian. Pursuant to Idaho Code ~ 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 /5 -rj;;. day of FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGffOUCHMARK LIVING (AZ-02-0 18) 6/ch~ ,2002. ROLL CALL COUNCILMAN KEITH BIRD VOTED$Cc COUNCILWOMAN TAMMY deWEERD VOTED~V COUNCILWOMAN CHERIE Mc CANDLESS VOTED -f/:!!-ct.-- COUNCILMAN WILLIAM L.M. NARY VOTED~(/"- MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: /d-/'!J-cJ'2-- - VOTED MOTION: APPROVEU~ISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and the City Attorney. B~~~~9- Dated: City Clerk /1)-/5"-02- \\u\\liUHtlfif. , \\\ f:: 111'1- 11/. ,\\\~! 0. h;,t:::.FtII'- 11;/ " L"\ 'll7d I" "" ;;" 4'.J: i/ $' a o\:WGR./j /~"'l/ ~ ... _..fJ <0 .;, ~ ~ ~ Z:\Work\M\Meridian\Meridian 15360M\Bair Property Annex AZ-02-0I 8\AZFfCl&Order.doc SEAL FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGITOUCHMARK LIVING (AZ-02-018) October 11 r 2002 MERIDIAN CITY COUNCIL MEETING October 15,2002 3-Gl APPLICANT ITEM NO. REQUEST Agreement for Services with MD Willis, Inc.: 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: : ',? \ .;-s , ~\'\ '''.' i~)j)J.-,' . -,-e,:...-J, ~ '~ /~ S . all'/_ , (.~ .f i ~-! / Ii.../" N ?;~. . I 1/l '} tv' ,J-/ r(}V I.,' ,j? n V (/1; I I Contacted: Date: Phone: Materials presented at public meetings shall become properly of the City of Meridian. CONTRACT FOR STENOGRAPHIC SERVICES THIS AGREEMENT, is made and entered into this day of 2002, by and between the City of Meridian, a municipal Corporation and government subdivision of the State ofIdaho organized and existing by virtue of law of the State ofIdaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642, hereinafter referred to as "City", and MD Willis, Inc., whose address is P.O. Box 1241, Eagle, Idaho 83616, hereinafter referred to as "Contractor". WHEREAS, as part of its records, "City" must produce minutes and verbatim transcripts of hearings; and WHEREAS, "Contractor" is in the business of providing stenographic services to public bodies, and others who need verbatim transcripts; and WHEREAS, "City" and Contractor" desire to enter into an agreement whereby "Contractor" would furnish stenographic services to the "City". NOW, THEREFORE, in consideration of the mutual covenants and promises herein, the parties hereto agree as follows: 1. SCOPE OF SERVICES: "Contractor" shall perform all the necessary services provided under this agreement in connection with taking minutes and testimony at hearings in proceedings before the Meridian City Council and the Meridian City Planning and Zoning Commission. "Contractor" agrees to attend four (4) regular City Council meetings each month, and two (2) regularly scheduled Planning and Zoning Commission meetings each month, and at those meetings, to transcribe the proceedings so as to produce minutes and verbatim transcripts. "Contractor" will furnish to the City Attorney and the Planning & Zoning Department, within two working days following a given meeting, a rough draft ofthe transcript. A final transcript shall be furnished to the City Clerk's office with a copy thereof, within 5 working days following the meeting. In the event "City" requires additional stenographic services, beyond the six monthly meetings set forth above, "Contractor" agrees to provide such additional services provided that "Contractor" receives not less than two days notice prior to such meeting or meetings. 2. CONTRACTOR NON~ATTENDANCE - EMERGENCY: In the event that an emergency, or some other event not within "Contractor's" control prevents "Contractor" from attending one of the meetings herein, "Contractor's" attendance at that meeting shall be excused, and "Contractor" shall prepare the minuteslhearing record from audio tapes furnished by the City Clerk. In that event, "Contractor" shall not be paid the meeting attendance fee, but will be compensated for the actual transcription. "Contractor" shall notify the City Clerk as soon as possible regarding the emergency and reason for non-attendance. SEPT 2002 TO SEPT 2003 CONTRACT FOR STENOGRAPHIC SERVICES - 1 3. TIME OF PERFORMANCE: The services of "Contractor" are to commence on the 1st day of October, 2002, and continue through the 30th day of September, 2003, unless terminated for default, or renewed. 4. COMPENSATION: "City" shall pay to "Contractor" the sum of TWENTY DOLLARS ($20.00) per hour (rounded to the nearest one-half hour) per meeting attended by "Contractor", and further, shall send an e-mail attached document transcription attachment and produce an original transcript, one copy thereof, and one Microsoft Word formatted electronic copy upon request, at SIX DOLLARS ($6.00) per page based upon single spaced page with margins of not more than one inch each on all sides on an 8 W' x 11" page with the font to be Arial12 pitch. "Contractor" shall issue an Invoice to "City" no later than the end of each month, and payment will be due no later than the 15th day of the month following delivery of the Invoice to "City". 5. DEFAULT: If, through any cause, "Contractor" shall fail to fulfill in a timely and proper manner any obligations under this agreement, or if "Contractor" 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 "Contractor" of such termination, and specifying the effective date thereof, but such notice must be sent to "Contractor" no later than 15 days before the effective date oftermination of the agreement. In that event, all finished or unfinished documents, or other notes or drafts prepared by "Contractor" 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. 6. SUBCONTRACTING: None ofthe services covered by this agreement shall be subcontracted without the prior written consent ofthe "City". "Contractor" shall be fully responsible to "City" for the acts and omissions of subcontractors, and of persons either directly or indirectly employed by them, as "Contractor" is for the acts and omissions of persons directly employed by "Contractor". 7. ASSIGNABaITY: "Contractor" shall not assign any interest in this agreement, and shall not transfer any interest in this agreement, whether by assignment or novation, or otherwise, without the prior written approval by the "City". 8. INDEPENDENT CONTRACTORS STATUS: Both "City" and "Contractor" agree that the relationship created by this agreement is that of independent contractor, and not that of employee and employer. "Contractor" is responsible for the payment of any taxes, including, but not limited to, all federal, state and local personal and business income taxes, sales and use taxes, other business taxes and license fees, arising out of the activities of the "Contractor". "Contractor" is responsible to keep in force all necessary public liability insurance and vehicle insurance with carriers which are satisfactory to "City", and shall hold the "City" harmless from all claims, demands or suits, arising out ofthe performance of services under this agreement. SEPT 2002 TO SEPT 2003 CONTRACT FOR STENOGRAPHIC SERVICES - 2 9. INSURANCE: "Contractor" will supply "City" with proof of insurance general liability and vehicular liability insurance limits of not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000). 10. OPTION TO RENEW: "City" shall have the option to renew this agreement for successive one year periods, provided that "City" notifies "Contractor" no later than thirty (30) days before the end of this agreement, and any extension or renewal thereof, of "City's" exercise of such option. IN WITNESS WHEREOF, the parties have herein executed this Agreement and made it effective as hereinabove provided. DATED AND SIGNED this day of , 2002. CITY OF MERIDIAN By: Robert D. Come, Mayor ATTEST: By: William G. Berg, Jr. - City Clerk MD WILLIS, INC. By: ATTEST: By: Secretary SEPT 2002 TO SEPT 2003 CONTRACT FOR STENOGRAPHIC SERVICES - 3 STATE OF IDAHO, ) : ss: County of Ada. ) On this day of ,2002, before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR, known to me to be the Mayor and City Clerk of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) Notary Public for Idaho Residence: My Commission Expires: STATE OF IDAHO, ) County of Ada. : ss: ) On this day of ,2002, before me, the undersigned, a Notary Public in and for said State, personally appeared M. Dean Willis and , known to me to be the and ofMD Willis, Inc., and who executed the within instrument, and acknowledged to me that MD Willis, Inc. executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) Notary Public for Idaho Residence: My Commission Expires: \\NP A _ NTS40 ]DCISER VER _ Z\ Work\M\Meridian\Meridian 15360M\Agreement\ Willis Steno services contract Sept 2002 to Sept 2003.doc SEPT 2002 TO SEPT 2003 CONTRACT FOR STENOGRAPHIC SERVICES - 4 · ,,:. t'pl~' '-y pr."f"'I'Dl">I""':} ~. 1-_ '_,,1'\ \....._.'_ .;'1. ~ c 1~~1_..'cJ'~ 'j!:!\ ,-, ,,\,,~ lJ ",'J,,'.\ ~ ~. :'-'.:: i:.';~~:~l";J n'" ".t" , j/ RECORDED-REO Fd~.<DE 102119241 MERIDIAN CITY 2DJ2 OC 16 Pf1 3: 2 7 DEVELOPMENT AGREEMENT PARTIES: 1. 2. City of Meridian CAPCO, Inc. an Idaho Corporation, Owner CAPCO, Inc. an Idaho Corporation,/Developer '"' .J. THIS DEVELOP1v1ENT AGREE:rv1ENT (this <<Agreement"), is made and entered into this 4 -I-~ day of Oc Iv h-?v , 2002. by and between CITY OF l\1ERIDIAN, a municipal corporation of the State ofIdaho, hereafter called "CITY", and CAPCO, Inc. an Idaho Corporation, hereinafter called "OWNER" and "Developer" whose address is c/o Doug Campbell, 1661 Shoreline Drive, Boise, Idaho 83702. 1. RECITALS: 1.1 WHEREAS, "OWNER" is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the "PROPERTY"; and 1.2 WHEREAS, LC. '67-65IIA, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the "OWNER" or "Developer" make a written commitment concerning the use or development of the subject "PROPERTY"; and 1.3 WHEREAS, "CITY" has exercised its statutory authority by the enactment of Ordinance 11-15-12 and 11-16-4 A, which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, "OWNER" and "Developer" have submitted an application for annexation and zoning of the "PROPERTY" described in Exhibit A, and has requested a designation of (R-4) Low Density Residential District, (Municipal Code of the City of Meridian); and 1.5 WHEREAS, "OWNER" and "Developer" made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subject "PROPERTY" will be developed and what improvements will be made; and DEVELOPMENT AGREEMENT (AZ-Ol-009) -1 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject "PROPERTY" held before the Planning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the ~ day of AuJt{f.l, 2001, has approved certain Findings of Fact and Conclusions of Law and Decision and Order, set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the "Findings"); and 1.8 WHEREAS, the "Findings" require the "OWNER" and "Developer" enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 "OWNER" and "Developer" deem it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and requests; and 1.10 WHEREAS, "CITY" requires the "OWNER" and "Developer" to enter into a development agreement for the purpose of ensuring that the "PROPERTY" is developed and the subsequent use of the "PROPERTY" is in accordance with 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 subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure annexation and zoning designation is in accordance with the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance #629, January 4, 1994, and the Zoning and Development Ordinances codified in Meridian City Code Title 11 and Title 12. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: DEVELOPMENT AGREEMENT (AZ-O 1-009) - 2 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 ofthis Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 "CITY": means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State ofIdaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 "OWNER" and "Developer": means and refers to CAFCO, Inc. an Idaho Corporation, whose address is c/o Doug Campbell, 1661 Shoreline Drive, Boise, Idaho 83702, the party developing said "PROPERTY" and shall include any subsequent owner( s)/ developer( s) of the "PROPERTY". 3.3 "PROPERTY": means and refers to that certain parcel(s) of "PROPERTY" located in the County of Ada, City of Meridian as described in Exhibit "A", attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMIlTED BY TmS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under "CITY's Zoning Ordinance codified at Meridian City Code Section 11-7-2 (C) which are herein specified as follows: Construction and development of 23 single-family residential building lots and 5 otlter lots. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. DEVELOPMENT IN CONDmONAL USE: "OWNER" and "Developer" are not required to submit to "CITY" an application for conditional use permit. DEVELOPMENT AGREEMENT (AZ-Ol-009) - 3 6. CONDmONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY : 6.A "OWNER" and "Developer" shall develop the "PROPERTY" in accordance with the following special conditions: 1. Due to the fact that the applicant is proposing minimum house square footages greater than that required in an R-4 zone and inclusion of a pathway, a development agreement shall be required as a condition of annexation. 2. 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. The ditches to be piped shall be shown on the site plans. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. The applicant shall not be required to tile Eight Mile Lateral. 3. Any existing domestic wells and/or septic systems within this project shall be removed 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 landscaping irrigation. 3. Five-foot-wide sidewalks and pedestrian walkways shall be provided in accordance with City Ordinance Section 12-5-2.K. 4. Minimum frontage for lots in an R-4 zone is 80 feet. Lots 1,3,4 and 6 only meet this requirement on one side and shall require directional arrows indicating where the front of the house shall be oriented. Frontage for corner lots is determined by taking the line length plus one-half of the chamfer length. Cul-de-sac lots shall have a minimum chord length of 40 feet. Adopt the Recommendations of the Ada County Highway District as follows: 5. Applicant shall comply with Ada County Highway Districts' Site Specific Requirements and their Standard Requirements listed within their letter dated May 14,2001. 7. COMPLIANCE PERIOD! CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation DEVELOPMENT AGREEMENT (AZ-OI-009) - 4 reversed, upon a default of the "Owner" and "Developer" or "Owner" and "Developer's" heirs, successors, assigns, to comply with Section 6 entitled "Conditions Governing Development" of subject "Property" of this agreement within two years of the date this Agreement is. effective, and after the "City" has complied with the notice and hearing procedures as outlined in I.C. 167-6509, or any subsequent amendments or recodifications thereof 8. CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: "Owner" 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 following conditions precedent to-wit: 8.1 That the "City" provide written notice of any failure to comply with this Agreement to "Owner" and "Developer" and if the "Owner" and "Developer" fails to cure such failure within six (6) months of such notice. 9. INSPECTION: "Owner" and "Developer" shall, immediately upon completion of any portion or the entirety of said development of the "Property" as required by this agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances of the "City" that apply to said Development. 10. DEFAULT: 10.1 In the event "Owner" and "Developer", "Owner" and "Developer's" heirs, successors, assigns, or subsequent owners 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. 10.2 A waiver by "City" of any default by "Owner" 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 DEVELOPMENT AGREEMENT (AZ-OI-009) - 5 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 "Owner" and "Developer's cost, and submit proof of such recording to "Owner" and "Developer", prior to the third reading of the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the "Property" contemplated hereby, the "city" shall execute and record an appropriate instrument of release of this Agreement. 12. ZONING: "City" shall, following recordation of the duly approved Agreement, enact a-valid and binding ordinance zoning the "Property" as specified herein~ 13. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either "City" or "Owner" and "Developer", or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 13.1 In the event of a material breach of this Agreement, the parties agree that "City" and "Owner" 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 thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 13.2 In the event the performance of any covenant to be performed hereunder by either "Owner" 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. DEVELOPMENT AGREEJI.1ENT (AZ.O 1-009) - 6 14. SURETY OF PERFORMANCE: The "City" may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code '12-5-3, to insure that installation of the improvements, which the "Owner" and "Developer" agrees to provide, if required by the "city". 15. CERTLFICATE OF OCCUPANCY: The "Owner" and "Developer" agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the "City" and "Owner" and "Developer" have entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the "City". 16. ABIDE BY ALL CITY ORDINANCES: That "Owner" and "Developer" agrees to abide by all ordinances of the City of Meridian and the "Property"_ shall be subject to de-annexation if the owner or his assigns, heirs, or successors shall not' meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 17. NOTICES: Any notice desired by the parties 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: OWNER and DEVELOPER: c/o City Engineer City of Meridian 33 E. Idaho Ave. Meridian, ill 83642 . CAFCO, Inc. c/o Doug Campbell 1661 Shoreline Drive Boise, Idaho 83702 with copy to: City Clerk City of Meridian 33 E. Idaho Ave. Meridian, ill 83642 17.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 18. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition DEVELOPMENT AGREEMENT (AZ-O I -009) - 7 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. 19. TlME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 20. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including "City's" corporate authorities and their successors in . office. This Agreement shall be binding on the owner of the "Property", each subsequenf owner and any other person acquiring an interest in the "Property". Nothing herein shall in any way prevent sale or alienation of the "Property", or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. "City" agrees, upon written request of "Owner" and "Developer", to execute appropriate and recordable evidence of termination of this Agreement if"City", in its sole and reasonable discretion, had determined that "Owner" 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 deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 22. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "Owner" and "Developer" and "City" relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between "Owner" and "Developer" and "City", other than as are stated herein. E?Ccept 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". 22.1 No condition governing the uses and/or conditions governing development of the subject "Property" herein provided for can be DEVELOPMENT AGREEMENT (AZ-OI-009) - 8 modified or amended without the approval of the City Council after the "City" has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 23. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the "property" and execution of the Mayor and City Clerk. DEVELOPMENT AGREEMENT (AZ-OI-009) - 9 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. OWNER & DEVELOPER, CAFCO, INe. BY: ~< Attest: BY: CITY OF MERIDIAN BY: .rv1AYO ROBERT D. CORRIE \\\ \IIM"id::'/J{II' ,,\':, Of &...r(!DI.. 1//1/ -.." :<..~ ~A. /'l .::~ c} o\\POfUj 1: . v %. .:- ~C) ~o ~ ~ ~ ~ - - ,/"// ,4f.~ JL~ ~ &; ~~..-- /0' (~vQu ...OJ 0:; CITY CLERK % '76 'Sr 1S~' ~ i' /// "-1 C \'V .......:::- 1111II OUNT"1. ",...' 1111"1"'. .,' ,,',\\ DEVELOPMENT AGREEMENT (AZ-OI-009) -10 .. " ,..,,, [j, c;;::; ~ Attest: On this '# day of (!) f!7l::/5t,L- , in the year 2002, before me, (1P---I-h Ic~ /:.-P? Ip~ a Notary Public, personally appeared LA ~ 0 ~WF4IZfj:J--, ( and , known or identified to me to be general partners ofCAFCO, Inc. an Idaho Corporation, and the persons who executed the instrument and acknowledged to me that they having executed the same on behalf of said CAPCO, Inc. an Idaho Corporation ..........,.,. ............ C~ THl.!!"',,#. ....... ........... ~4- ~..'" ;.. .. .^ ~ .. · No .. U' ~ ~c..,: )> \....~ :....,:..... , "1...... ......: :~. TV . or .Z: : ';> ~ ~'^ , "t., : - : :~~ v; :::2: : v'. ~ Ie.. ... : \ 0 .... ,.! ...... '"./;>./ ........ . ...... "'.. D A. HO ...... '" ..... ,'......n..' STATE OF IDAHO ) STATE OF IDAHO) :ss COUNTY OF ADA ) (SEAL) :ss County of Ada ) ... On this I t>..-f-h day of @e-I:rJhe-r , in the year 2002, before me, a Notary Public, personally appeared Robert D. Corrie and William G. Berg, If., known or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. ...... ...ON S -.. .~oT~1f1X.. .C/J/~ :J..'~. : ~' , : \ / i Commission expires: .L(-2g-0S 6..~..~1:S~o..- ..~~iQ~. Z:\Work\M\Meridi~an 15360M\StatenPark Sub VAROI-009 AZOI-009 PPOl- o 12\DevelopAgr. doc (SEAL) DEVELOPMENT AGREEMENT (AZ-OI-O09) -11 8hcVlvrJrn~'~ Notary Public for Idaho EXHIBIT A Le2:al Descriotion Of Pro 0 ertv PARCEL 2, as shown on Record of survey No. 4892, recorded as Instrument No. 97101984 in the Ada County Recorder's office, being a parcel ofland in Government Lot 4 of Section 3., T.3N., Rl W., B.M., Ada County, Idaho, being more particularly described as follows: Commencing at the northwest corner of said Section 3, in the intersection of Us tick Road and Black Cat Road~ thence, S. 89010'38" E, 1314.32 feet (S. 89053"E., 1320.0 feet per previous deed) along the north line of said Section (centerline of Ustick Road) to the northeast comer of said Government Lot 4 and the POINT OF BEGINNING; thence, : S. 00033'02" W. (S.0008"W), 834.98 feet along the east line of said Lot 4 to a point in the centerline of Eight Mile Lateral of the Ridenbaugh canal; thence, along said centerline the following courses: N. 49045'05" W., 57.26 feet; thence N. 57020'47" W., 192.74 feet~ thence, N. 54035'00" W., 126.50 feet; thence, N. 63059'23" W., 202.17 feet; thence, N. 60005'49" W., 48.03 feet to a point; thence, leaving said centerline, N. 00033'02" E., 515.75 feet to a point on the north line of said Section 3 (centerline of Us tick Road)~ thence continuing, N. 00033'02" E., 25.00 feet to a point on the north right of way of Us tick Road; thence, S. 89010'38" E., 535.54 feet along said right of way to a point; thence, S. 00033'02" W., 25.00 feet to the POINT OF BEGINNING, said Parcel 2 containing 8.46 acres ofland, more ore less, and being subject to the right of way of said Ustick Road and the easement for said Eight Mile Lateral. DEVELOPMENT AGREEMENT (AZ-OI-OOl) - 12 EXHIBIT B Findin2S of Fact and Conclusions of Law/Conditions of Approval DEVELOPMENT AGREEMENT (AZ-OI-001) - 13 BEFORE THE MERIDIAN CITY COUNCIL C/C 07/17/01 IN THE MATTER OF THE ) APPLICATION OF D' ALESSIO ) BUILDING & DEVELOPMENT, ) INC., THE APPLICATION FOR ) ANNEXATION AND ZONING ) OF 8.15 ACRES FOR ) PROPOSED STATEN PARK ) SUBDIVISION, LOCATED AT ) THE SOUTHEAST CORNER OF ) N. BLACK CAT ROAD AND W. ) USTICK ROAD, MERIDIAN, ) IDAHO ) ) Case No. AZ-OI-009 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING The above entitled annexation and zoning application having come on for public hearing on July 17, 2001, at the hour of 6:30 p.m., and Shari Stiles, Planning and Zoning Administrator, appeared and testified, and appearing was the Applicant, Dan D'Alessio, and no one appeared in opposition, and the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT 1. The notice of public hearing on the application for annexation and FINDINGS OF FACI' AND CONCLUSIONS OF LAW - Page 1 AND DECISION AND ORDER GRANTING APPLICATION FORANNEXA.TION AND ZONINGIBY D' ALESSIO BUILDING & DEVELOPMENT, INC/ STATEN PARK SUBDIVISION - (AZ-OI-009) zoning was published for two (2) consecutive weeks prior to said public hearing scheduled for July 17, 2001, before the City CounciL the first publication appearing and "vritten notice having been mailed to property owners or purchasers of record "vithin three hundred feet (300') of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and vvith the notice of public hearing having been posted upon the property under consideration more than one week before said hearing; and that copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the July 17, 200 I, public hearing; and the applicant, affected property owners, and government subdivisions providing services vvithin the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance "With all notice and hearing requirements set forth in Idaho Code ss 67-6509 and 67-6511, and Meridian City Code ss II-I5.5 and 11-16-1. 3. The City Council takes judicial notice of its zoning, subdivisions and development ordinances codified at Titles 11 and 12, Meridian <;=ity Code, and all current zoning maps thereof, and the Comprehensive Plan of the City of Meridian adopted December 21,1993, Ordinance No. 629, January 4,1994, and maps and the ordinance establishing the Impact Area Boundary. FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY D' ALESSIO BUILDING & DEVELOPMENT, INC/ STATEN PARK SUBDIVISION - (AZ-OI-009) Page 2 4. The propeny which is the subject of the application for annexation and zoning is described in the application, and by this reference is incorporated herein as if set forth in full. 5. The propeny is approximately 8.15 acres in size and is located at the southeast comer of N. Black Cat Road and W. Ustick Road, Meridian, Idaho. The property is designated as Staten Park Subdivision. 6. The owner of record of the subject propeny is Stewart Terry and Verla Terry, whose address is 3709 Pasadena Drive, Boise, Idaho 83705. 7. Applicant is D' Alessio Building & Development, Inc., whose address is 6314 N. Park Meadow Way, Suite 103, Boise, Idaho 83713. 8. The property is presently zoned by Ada County as RUT, and consists of pasture land. 9. The Applicant requests the propeny be zoned as R-4. 10. The subject property is bordered to the north and west by Ada County property, zoned RUT and to the south and east by the City limits zoned R-4. 11. The property which is the subject of this application is "vithin the Area of Impact of the City of Meridian. 12. The entire parcel of the property is included within the Meridian Urban Service Planning Area as defined in the Meridian Comprehensive Plan. 13. The Applicant proposes to develop the subject property in the following FINDINGS OF FACf AND CONCLUSIONS OF LAW - Page 3 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY D' ALESSIO BUILDING & DEVELOPMENT, INC/ STATEN PARK SUBDIVISION - (AZ-OI-009 ) manner: develop 23 single-family residential building lots and 5 other lots. 14. The Applicant requests zoning of the subject real property as RA which is consistent \.vith the i'vleridian Comprehensive Plan Generalized Land Use rv{ap which designates the subject property as Single-Family Residential. 15. There are no significant or scenic features of major importance that affect the consideration of this application. 16. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction, public facilities and services required by the proposed development will not impose expens"e 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. Due to the fact that the applicant is proposing minimum house square footages greater than that required in an R-4 zone and inclusion of a pathway, a development agreement shall be required as a condition of annexation. 2. 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. The ditches to be piped shall be shown on the site plans. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. The applicant shall not be required to tile the Eight Mile Lateral. FINDINGS OF FACT AND CONCLUSIONS OF lAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY D' ALESSIO BUILDING & DEVELOPMENT, INC / STATEN PARK SUBDIVISION - (AZ-O 1-009 ) Page 4 3. Any existing domestic wells and/or septic systems \vithin this project shall be removed from their domestic service per City Ordinance Sections 9~ 1 A and 9-4~8. 'N ells may be used for non-domestic purposes such as landscaping irrigation. 4. Five-foot~\vide sidewalks and pedestrian walkways shall be provided in accordance with City Ordinance Section 12-5-2.1<. 5. Minimum frontage for lots in an R-4 zone is 80 feet. Lots 1,3,4 and 6 only meet this requirement on one side and shall require directional arrows indicating where the front of the house shall be oriented. Frontage for comer lots is determined by taking the line length plus one- half of the chamfer length. Cul-de~sac lots shall have a minimum chord length of 40 feet. Adopt the Recommendations of the Ada County Highway District as follows: 6. Applicant shall comply with Ada County Highway Districts' Site SpeCific Requirements and their Standard Requirements listed within their letter dated May 14, 2001. 18. It is found that if the developer pays for the requested improvements and complies with the conditions set forth in these Findings of Fact No. 16, and all sub-pans, the economic welfare of the City and its residents and tax and rate payers vvill be protected, which requirement shall be included in a development agreement, a condition of anne..xation and zoning designation. 19. It is also found that the development considerations as referenced in Finding No. 16 are reasonable to require and must be taken into account, in order to assure the proposed development is designed, constructed, operated and maintained in a manner which is harmonious and appropriate in appearance vvith the existing, or intended character of the general vicinity, in order to assure that the proposed use FINDINGS OF FAcr AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGIBY 0' ALESSIO BUILDING & DEVELOPMENT, INC/ STATEN PARK SUBDIVISION - (AZ-OI-009) Page 5 will not change the essential character of the affected vicinity and "vill 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. 20. It is found that the zoning of the subject real property as Low Density Residential District (RA) requires connection to the .Lvlunicipal vVater and Sewer systems and "vill be compatible ,vith the Applicant's development intentions, and "vill assure that the zoning is consistent "vith the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Single-Family Residential. 21. 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: 21.1 The consideration of the provisions of the Comprehensive Plan and the requirements of the zoning ordinance assure that the processing of such application is the management of growth with the aim to achieve high- . quality development. Enhancement of Meridian's quality of life for all residents is achieved by applying the criteria of the Comprehensive Plan and the zoning ordinance of the City to all applications such as the subject application. 21.2 This proposed new growth development "vill finance public service expansion by the requir~ment herein that the applicant comply"vith the requests submitted of the political subdivisions responses within the Meridian Urban Service Planning Area submitted in the record of this matter. FINDINGS OF FACT AND CONCLUSIONS OF LAW ~ AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGIBY D' ALESSIO BUILDING & DEVELOPMENT, INC/ STATEN PARK SUBDIVISION - (AZ.OI-009) Page 6 21.3 The application is consistent with lYleridian's self identity. 2 1.4 The preservation and improvement of the character and quality of Meridian's man-made environment while maintaining its identity as a self-sufficient community is achieved by app1~ing the criteria of the Comprehensive Plan and the zoning ordinance of the City to the subject application. 21.5 Compliance \vith the requests of the political subdivisions providing services, assures that community services are being provided for existing and projected needs and that the land use patterns of the City are balanced to insure that revenues pay for services and that the Urban Service Planning Area is visually attractive, efficiently managed and clearly identifiable. 21.6 Compatible and efficient use oEland through innovative and functional site design is achieved by applying the criteria of the Comprehensive Plan and the zoning ordinance of the City to the subject application. 22. The property can be physically serviced with City water and sewer. CONCLUSIONS OF LAW I. The City of Meridian has authority to annex real property upon written request for annexation and the real property being contiguous or adjacent to city boundaries and that said property lies vvithin the area of city impact as provided by Idaho Code Section 50-222. The Meridian City Code 9 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY D' ALESSIO BUILDING & DEVELOPMENT, INCI STATEN PARK SUBDIVISION - (AZ.Ol~009) Page 7 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 lvleridian, adopted December 21, 1993, Ord. No. 629, January 4, 1994.' 4. The follmving are found to be pertinent provisions of the City of lvIeridian COItl.prehensive Plan and are applicable to this Application: 4.A The Goals of the Comprehensive Plan are set forth at Page 5 and include: 4.1 To preserve Meridian's environmental quality and to make provisions for and improve the total natural environment by adopting City-wide and Urban Service Planning Area policies, which deal with area-specific policies and programs. 4.2 To ensure that growth and development occur in an ; orderly fashion in accordance '-ivith adopted policies and procedures governing the use of land, residential development the provision of services and the distribution of new housing units \vithin the Urban Service Planning Area. 4.3 To encourage the kind of economic grovvth and development which supplies employment and economic self-sufficiency for existing and future residents, reduces the present reliance on Boise and strengthens the City's ability to finance and implement public improvements, services and its open space character. 4.4 To provide housing opportunities for all economic groups within the community. . 4.5 To preserve and improve the character and quality of Meridian's man-made environment while maintaining its identity as a self-sufficient community. 4.6 To encourage cultural, educational and recreational FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGIBY D' ALESSIO BUILDING & DEVELOPMENT, INC/ STATEN PARK SUBDIVISION - (AZ-OI-009) Page 8 facilities which \-vill fill the needs and preferences of the citizens of Meridian and to insure that these facilities are available to all residents of the Citv. - 4.7 To provide community services to fit existing and projected needs. 4.8 To establish compatible and efficient use of land through the use of innovative and functional site design. 4. 9 To encourage a balance of land use patterns to insure that revenues pay for services. 4.10 To create an Urban Service Planning Area which is visually attractive, efficiently managed and clearly identifiable. 5. The zonings of Low Density Residential District (R-4) are defined in the Zoning Ordinance at ~ 11-7-2 C. as follows: (R~4) Low Density Residential District: Only single-family dwellings shall be permitted and no conditional uses shall be permitted except for planned residential development and public schools. The purpose of the R-4 District is to permit the establishment of low density single-family dwellings, and to delineate those areas where predominantly residential development has, or is likely to occur in accord vvith the Comprehensive Plan of the City, and to protect the integrity of residential areas by prohibiting the intrusion of incompatible nonresidential uses. The R-4 District allovvs for a ma..'dmum of four (4) dwelling units per acre and requires cormection to the Municipal water and sewer systems of the City. 6. By authority of the City of Meridian under the Comprehensive Plan, a conditional use permit is not required for Applicant to construct and develop a possible single-family residential development. 7. Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the anne..xation of land. See Burt vs. The City of FINDINGS OF FACT AND CONCLUSIONS OF LAW ~ AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY D' ALESSIO BUILDING & DEVELOPMENT, INC I STATEN PARK SUBDIVISION - (AZ-O 1-009 ) Page 9 Idaho Falls, 105 Idaho 65, 665 P2d 1075 (1983). 8. The development of the anne..'(ed land, if annexed, shall meet and comply vvith the Ordinances of the City of Meridian induding, but not limited to: Section 12-2- 4 which pertains to development time schedules and requirements; Section 12-4-13, which pertains to the piping of ditches; and Section 12~5-2 N, which pertains to pressurized irrigation systems. 9. The development of the property shall be subject to and controlled by the Zoning and Subdivision and Development Ordinances of the City of NIeridian. 10. Section 11-16-4 A of the Zoning and Development Ordinance provides in pan as follows: If property is annexed and zoned, the City may require or permit, as a condition of the zoning, that an ovvner or developer make a written commitment concerning the use or development of the subject property. If a commitment is required or pemtitted, it shall be recorded in the office of the Ada County Recorder and shall take effect upon the adoption of the ordinance anne.'<ing and zoning the property, or prior if agreed to by the owner of the parcel. Unless the commitment is modified or terminated by the City Council, the commitment shall be binding on the oyvner of the parcel, each subsequent owner, and each other person acquiring an interest in the property. A commitment is binding on the owner of the property even if it is unrecorded; however, an unrecorded conurutrnent is binding on subsequent owners and each other person acquiring an interest in the property only if the subsequent owner and each other person acquiring an interest in the property has actual notice of the commitment. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FORANNEXA.TION AND ZONINGIBY 0' ALESSIO BUILDING & DEVELOPMENT, INCI STATEN PARKSUBOIVISION - (AZ-OI-009) Page 10 hereby Order and this does Order: 1. The applicant's request for anne.."'Cation and zoning of approximately 8.15 acres to Low Density Residential District (R-4) is granted subject to the terms and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of 8.15 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 anne..'(ation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686. 3. Developer enter into a Development Agreement that provides in the event the conditions therein are not met by the Developer that the property shall be subject to de-annexation, with the City of Meridian, which provides for the following conditions of development, to-wit: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: I. Due to the fact that the applicant is proposing minimum house square footages greater than that required in an R-4 zone and inclusion of a pathway, a development agreement shall be required as a condition of annexation. 2. 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. The ditches to. be piped shall be shown on the site plans. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association, with vvritten confirmation of said approval submitted to the Public Works FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY D' ALESSIO BUILDING & DEVELOPMENT, INC I STATEN PARK SUBDIVISION - (AZ-OI-009 ) Page 11 Department. The applicant shall not be required to tile the Eight Mile Lateral. 3. .Any e.:x:isting domestic wells and/or septic systems vvithin this project shall be removed from their domestic service per City Ordinance Sections 9-1-4 and 9-4-8. \-Vells may be used for non-domestic purposes such as landscaping irrigation. 4. Five-foot-wide sidewalks and pedestrian walkways shall be provided in accordance .with City Ordinance Section 12-5-2.K 5. i'vlinimum frontage for lots in an R-4 zqne is 80 feet. Lots 1,3,4 and 6 only meet this requirement on one side and shall require directional arrows indicating where the from of the house shall be oriented. Frontage for corner lots is determined by taking the line length plus one-half of the chamfer length. Cul-de-sac lots shall have a minimum chord length of 4.0 feet. Adopt the Recommendations of the Ada County Highway District as follows: 6. Applicant shall comply "vith Ada County Highway Districts' Site Specific Requirements and their Standard Requirements listed -within their letter dated May 14,2001. 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 (R-4) Low Density Residential District, and Meridian City Code S 11-7-2 C. 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 vvith the provisions of the annex.ation and FINDINGS OF FACf AND CONCLUSIONS OF LA \tV - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY D' ALESSIO BUILDING & DEVELOPMENT, INC I STATEN PARK SUBDI\I1SION - (AZ.OI-009 ) Page 12 zoning ordinance. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of i\tIeridian. 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 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 !)1Z- day Jp~i-- ROLL CALL of , 2001. COUNCILMAN RON ANDERSON VOTED$tL- COUNCILMAN KEITH BIRD VOTED ~ COUNCILWOMAN TAMMY deWEERD VOTED~ COUNCILWON1AN CHERIE McCANDLESS VOTED-#t:t.- FINDINGS OF FACT AND CONCLUSIONS OF lAW - Page 13 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY D' ALESSIO BUILDING & DEVELOPMENT, INC / STATEN PARK SUBDMSION - (AZ-O 1~009 ) iV1AYOR ROBERT D. CORRIE (TIE BREAKER) DATED: g-g-CI VOTED MOTION: ~ APPROVED:~ DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Depanment, Public vV orks Depanment and the City Attorney. ByJJe'~~~ ~ City Clerk ~ Dated: g'-tJ--tJl VI.tUn rl "trullf. \,,\\ O~ U~.-,:JIII :0,...\.0{ (' 1'I'~t/'1 'I. ,"0.; =\ '-Z,., - .:. .::: A 000 -fA_ ./. ,:'" V. cp'?w '~1 h - Y f~ ~ # <6 ,.,:. ~ ~ : ~ \\NP A)'ITS-lO ]DasER VER_Z\ W orkVvfu\-leridian\!vleridian 15360lvl\S(;lten Park Sub o [2\AZFfClsOrder.doc - . . FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGIBY 0' ALESSIO BUILDING & DEVELOPMENT, INC/ STATEN PARK SUBDIVISION - (AZ.OI-009 ) Page 14 October 11 , 2002 MERIDIAN CITY COUNCIL MEETING APPLICANT October 15, 2002 ITEM NO. 3-H REQUEST Approve New Beer and Liquor License Applications for Goodwood Barbecue -- 1140 North Eagle 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: OTHER: ~ aV1~ Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. October 11, 2002 MERIDIAN CITY COUNCIL MEETING APPLICANT October 15,2002 ITEM NO. 6-I REQUEST Approve Beer License Transfer and New Liquor License Application for Tequila Grill Restaurante by David Samuelson - 2031 East Fairview Avenue, Suite 103: 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: MERI DIAN POST OFFICE: ADA COUNTY HfGHWA Y DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: v ~V . ~r() f1J UJ~ r Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. October 11 , 2002 MERIDIAN CITY COUNCIL MEETING APPLICANT Public Works Department October 15, 2002 8-J" ITEM NO. REQUEST Silverstone Subdivision Water Latecomer Agreement -- Sundance Development Company: AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: See Attached Memo ~~ off' Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. ( ~: ',Glt\(; 'of M~ritlian~ <":, , ": ':. ,>,Publie Wo~s BeRt~ :'r:,' , . '< ? . , . .' ' em RECEIVED OCT 1 0 2002 To: Mayor Corrie & City Council From: Brad Watson, P.E. CC: File, Gary Smith, PE, City Clerk Date: 10/10/2002 Re: Proposed Agenda Item for October 15 City Council Meeting City Of Meridian City Clerk Office The Public Works Department respectfully requests that the following item be placed on the October 15 City Council agenda, on the Consent Agenda, for Council's consideration: ~ 1) Silverstone Subdivision Water Latecomer Aareement - Sundance Development Company. This latecomer agreement, a signed copy of which is attached, reflects the methodology of the sewer latecomer agreement discussed with Mayor and Council last month. Recommended Council Action: Approve the water latecomer agreement with Sundance Development Company and authorize the Mayor to sign and City Clerk to attest. 2) Sale and Purchase Agreement: Permanent Slope Agreement, Temporary Construction Easement, Addendum to TemporarY Construction Easement. These documents are associated with Ada County HIghway Districfs Overland Road re- build project. These agreements and easements concern the City's Well No. 14 located on SE 5th Way. We negotiated with ACHD and find the agreements and easements mutually acceptable. Recommended Council Action: Approve Sale & Purchase agreement) the Pennanent Slope Agreement) the Temporary Construction Easement) and the Addendum to the Temporary Construction Easement with Ada County Highway District and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. p . Page 1 ~~I U~ U~ ~U.~~ r~ rUDLl~ WUKK~ ~~l:jtltr (1 ~'::f ( I U ..:5dd' ( ..:5"::1'( 1".02/10 WATER LINE LATE C()J\1ERS AG~EMENT FIVE MILE ROAD WATER LINE EXTENSION SUNDANCE INVESTMENTS LIMITED PARTNERSHIP This Agreement made and entered into this '6 th. day of tJ (-\.0 b e. ..- 2002, by and between SUNDANCE INVESTMENTS LIMITED PARTNERSHIP, an Idaho Limited Partnership, hereafter referred to as "Developer". and the CITY OF MERIDIAN, hereafter referred to as "City" WITNESSETH: WHEREAS, the City limits extend east of Eagle Road, but prior to this Agreement and the construction referred to herein, such area was not provided water service by the City; and WHEREAS. the Developer con.st:rUCted a water line from an existing water line to an area east and west of Eagle Road and south of Overland Road, as shown in "Exhibit A'), which water line is able to provide service to land north and south ofOverJand Road to the land shown in Exhibit "A" which is attached hereto and by this reference incorporated as if set forth in fuU~ that the Total Service Area is approximately 460.98 acres which, if developed under the land use density projections shown on Exhibit flBI!, which is attached hereto and by this reference incorporated herein as if set forth in fun, with land use densities shown on Exlnbit "Bu, there could be 637 equivalent residential units (ERU) in the 460.98 acres; that the DevelolJOO subdivision(s) consists of 98 ERU~ that on the land not included in the Developer's subdivision, there could be 539 ERU; and ,...l\'ftWat, \~ J . WATER LINE LATE COMERS AGREEMENT Page-} of6 UCI ~~ '~~ 16:12 FR PUBLIC WORKS 2088871297 TO 3227307 P.03/10 WHEREAS, the water line constructed by the Developer will benefit land other than only the land developed by Developer; that the land that can be served by the said water line is shown in Exlubit "N'; that the developable land that can be served by the water line could contain 637 ERU's; that the existing developed areas that eventually connect to the water line serviced by the City wiU be subject to the latecomer fees descnbed herein; that 68% of the land not included in the Developer's subdivision would be developed in ten years, the tenn a late comers Agreement is allowed to run, and WHEREAS, the total cost of constructing the said water line borne by the Developer was $304,743.00; whereas the water line will benefit the Developer's Subdivision(s) which could contain 98 ERD's, or 15.4% of the total area to be benefited by the construction of the water line; therefore the cost to Developer to construct the water line to his own subdivision(s) would be $46,883.54; that by subtracting this amount as the total Developer's cost share, the total cost to all late comers is $257,859.46; and then dividing by 68% of the remaining number ofERU's that could be served by the water line; and then adding a 5% administration fee to be included with each Late Comer payment (City Code Section 9-1-13), there should be a late comen; fee of $733.90; plus interest, per ERU as shown in Exhibit "e"; and WHEREAS, Section 9~ 1-13 of the Water Ordinance provides that the City may enter into water line extension and reimbursement agreements and that section further provides that water users who subsequently connect to the extended water line(s) shall be charged an eight (8) inch diameter water line equivalency fee; said fees are in addition to the connection and user charges normally assessed a user due to the fact the user has not contributed to the cost of the extended line~ the above fee is hereafter referred to as "Late Comer Fee"; the above ordinance section provides that the late /~lt',\:~~(.\ I ' I .'"& : "Jj WATER LINE LATE COMERS AGREEMENT Page - 2 of6 U~I ~~ '~~ lb:12 FR PUBLIC WORKS 2088871297 TO 3227307 P.04/10 comers fee may be used to reimburse the person or persons so extending the water tine(s)_ WHEREAS, pursuant to Section 9-1-12 of the Water Ordinance, the City is required to charge a Water Construction Equivalency Fee to any person or property owner who has not otherwise paid for, or contributed proportionately toward the costs and expenses of constructing a water line, whether that construction has been performed by the City, a local improvement district or a private entity, or combination thereof: and who subsequently desires to connect to the City water system, shall be required to pay an additional connection charge which shall be known and referred to as the "Water Construction Equivalency Fee". NOW) TI:IEREFORE, IT IS HEREBY AGREED AS FOLLOWS: 1. The above recitals are contractual: and .are incorporated herein as if set forth in full. 2_ That the Developer has paid for engineering, planning and construction of the water line shown in Exhibit ., A", and which will benefit the land also shown in Exhibit "All. 3_ The Developer has contributed $304,743.00 to total construction costs of the said water line, of which DevelQper is entitled to be reimbursed the sum of $257,859.46 plus interest, which represents land that could be served by the water line but is not included in Developer's subdivision. 4. That for all land in Exhibit ItA'l subsequently connecting to the water line referred to in Exhibit "A'\ except the land in Devdoper~s Subdivision(s), the City will charge the sum of $733.90 plus interest~ per BRU as shown in Exlnbit "e"; such users shall hereafter be referred to as "LA TE COMERStI; that the charge is the water construction equivalency fee authorized in 9-1-12 and established by this Agreement, which fee shall herein be referred to as "LATE COMERS FEE"; the fee is in addition to any other water charges for cotmeetion to the water system; the computation of the \,n'ti.at~ 'Q' (~ . -.i W AlER LINE LATE COMERS AGREElvIENT Page - 3 of6 UCI ~~ '~d Ib:12 FR PUBLIC WORKS 2088871297 TO 3227307 P.0S/10 Late Comets Fee is shown on Exhibit net! attached hereto and by this reference incorporated herein. 5. That all the late comer fees assessed above in Paragraph 4 shall be set aside and deposited to a special account to be designated the UFIVE MILE ROAD W A 'fER LINE EXTENSION (SUNDANCE) PROJECT REIMBURSEMENT ACCOUNTlI and shall reflect interest at a rate of 6% to be accrued on the unpaid balance once a year at the City's Fiscal Year End (9/30) eacb year for the tenn of the agreement., and shall be dismbuted quarterly to the Developer. 6. That the late comer fees assessed, which will go into the FIVE MILE ROAD WATER LINE EXTENSION PROJECT (SUNDANCE) REIMBURSEMENT ACCOUNT, shall increase at a rate of6% per annum as shown in Table I of Exhibit "C". 7. That the late comer fees shall be collected by the City from all users subsequently connecting to the water line shown in Exhibit II N' for the land also shown in Exhibit II A", except the land in Developer's Subdivision. 8, That the City shall charge the FIVE MILE ROAD WATER LJNE EXTENSION (SUNDANCE) PROJECf REIMBURSEMENT ACCOUNT the 5% fee authorized by 9-1-l3. 9. That the City shall have prepared on an annual basis an audit of all funds collected pursuant to this Agreement, which audit shall coincide with the general audit of the City; that the cost of this audit shall be paid by the City as part of its administrative costs. 10. It is agreed that the water line(s) referenced in ExhIbit "N' is the property of the City and shall henceforth be maintained by the City at its sole cost and expense. 11 The term of this Agreement shall be until Developer has been reimbursed the principal sum of $232,328.82., plus interest, as detemrined in Paragraph 6, less the 5% administrative fee or, if !i~:lt...i'! ~ '.. " \; "- ." l WATER lJNE LATE COMERS AGREEMENT Page - 4of6 ~~I ~~ .~~ ~O.~~ ~K ~U~LIL WU~KS 2088871297 TO 3227307 P.06/10 this is not achieved, for a period often (10) years Of) until such time the water line described herein is abandoned. If the Developer has not been reimbursed the principal sum pIus interest less administrative fees after ten (10) years from the date of this Agreement, the Agreement may be renewed by mutual Agreement of the City and the Developer, at such time as the City ordinance allows for extension of a ten year time frame. If the City does not amend this ordinance, then this agreement shall have a ten year life span. 12. This Agreement shall be binding on the assigns and successors of the parties hereto. DAlEO this 8t~ day of 0; c. * 0 ~ t/ , 2002. BY: CITY OF MERIDIAN ROBERT D. CORRIE, MAYOR AlTEST: WILLIAM G. BERG, JR" CITY CLERK Approved By City Council: SUNDANCE INVESTMENTS LIMITED P ARTNERSBlP By R Anderson, Vice President of e Sundance Company) an authorized agent of Sundance InvestmentS Limited Partnership (corporate seal) \"';\];11\- :'1 WATER LlNE LATE COMERS AGREElv.1ENT Page - 5of6 UCI ~~ .~~ lb;l~ rk PUBLIC WORKS 2088871297 TO 3227307 P.07/10 STATE OF IDAHO,) County of Ada, ) : ss. On this _ day of , 2002, before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT D. CORRIE and WH..LIAM G. BERG, JR., lmown to me to be the Mayor and City Clerk of the Cl1Y OF l\1ERIJ)IAN, Idaho, and who executed the within instrument, and acknowledged to me that the Cl1Y OF :MERIDIAN executed the same. m WITNESS WHEREOF. T have hereunto set my hand and affixed my official seal the day and year first above written. SEAL NOTARY PUBUC FOR IDAHO RESIDING AT lvfY COMMISSION EXPIRES STATE OF IDAHO,) County of Ada, ) : 55. On this a day of Q~ ;-\'" -Xc!.;' L, 2002, before me. the undersigned, a Notary Public in and for said State, personally appeared Ryan Anderson, known to me to be the President of THE SUNDANCE INVESTMENTS LIMITED PARTNERSHIP? and who executed the within instrument on behalf of said Limited Partnership, and acknowledged to me that said Limited Partnership executed the same. IN \VITNESS WHEREOF. I have hereunto set my hand and affixed my official seal the day and year first above written. ....lIn..", ... #..... ....... ~ "{ P Roc - ~#. ...... AOY ...........l'.o ~".. ~~v .... '"-? ## SE~/~O'f.A~Y) "\ : I ~ *= : * . _.- : : \. c.: ;. .. PUB\..\ I 0;. _^ ... ~...""o .. ~ '\r. ...~lI' .. #... l>.r[ ........ to ...... Iii; '/'e 0 p \'\) ......."- ;"........,.."... r--\ ~ ~,- \ \'----.~--\.J:~--- \.'\ .L- /---- ) \Y'-\""C ,'----~V N(jT ARY PUBEIC FOR IDAHO '~ \ RESIDING AT :, ')L3e, \ C} MY COMMISSION EXPIRES ""2 - \ \0 -( ):'S ~~!" WATER LINE LATE COMERS AGREEMENT Page - 6 of6 '. .Li. OCT 03 '02 16:12 FR PUBLIC WORKS 2088871297 TO 3227307 P.0S/10 ~., -- " i' . . . Sundant....: Investments Limited frartnership Latecomers Agreement Exhibit" AIt I " ~; J .J-lJLU ~ '---j/--Lft I ; [ I ~-, I~ ~ ;::- _ ~--L DPBlf~ 1-84 f-- 1--- f- - r- t--- _ '"- ::: /IJ; n D .a {(( l I '--- .~, ~ D~ '0,--~ !~ v 7/ '-: -f----- ~\r / /~- f-- 1-------- ~,,- >::= - I -t-- ~ ~~ I- --l - I--- I--- - ~~ .., 11 .=-~ ~I ~ '~A-=:=J ----- !- L-- c // B .~ I I I J\.~7^ 4 -- ;-! ,~ "~~ /i ~)\ J I j r I I I b1.? ~ ~ . - v 11 >~~.I ~ 1-\\\= - ,-",'" ............ J ~V'>.0 )- ~ ~ I >>~~&X LJl { I ~ f----, v JJ. '- III-{ _! \ 1--1 V I / ! I Y JX.N1j--f:, ~~r- -)., h '--, VJ.~~~. x "'til :: _ (X/7,.,.'-.y t- ~ II ~7:7 ^ ~~~ -l 'I- '- tt:lJ~ Rllll rTllI I I I ~ ~VV\,(,(\'/.:JfJ \-1/ 'FFf\ J ~1I11 '\ -- i=' ~ rJ" \ "'- - - - - == - - K l o I 1000 2000 3000 4000 Feet (0f\.. W~E ~!} ~ 1./ S CJ Latecomer's Area ~ ~ i ~.ldance Investments limited Partnership - Waler Latecomer Agree,,,,mt SILVERSTONE SUBDIVISION WATER LATECOMER ERU CALCULATIONS Developer; Sundance Development Co~ Parcels from Ada County GIS Mapping Primowner DEVELOPER'S PARCELS SUNDANCE INVESTMENTS LIMITED PARTNERSHIP SUNDANCE INVESTMENTS LIMITED PARTNERSHIP SUNDANCE INVESTMENTS LIMITED PARTNERSHIP Projected Projected Total ERU's Latecomer Payment Likely 10 Develop Within 10 Years? Running Count of Parcels Likely To Develop 58.59 MU 19.42 MU 7.83 MU LATECOMER PARCELS GRIFFIN JAMES F 83.57 MU 1.14 95 $66,400 Y I 95 KEPUS CHRISTOPHER J & KATHLEEN M 67.81 MU 1.14 77 $53,819 Y 172 IDAHO ELKS REHAB HOSPITAL INC 52.62 MU 1.14 60 $41,937 Y 232 VAN AUKER RONALD W 32.90 MU 1.14 38 $26,560 Y 270 VAN AUKER RONALD W I 16.17 ! MU 1.14 18 $12.581 I Y 288 KENAI PARTNERS LLC 12.30 MU 1.14 14 $9.785 Y 302 RACKHAM l L C 10.91 RES 2.8 31 $21,668 Y 333 SUTHERLAND FARM, INC. 10.24 MU 1.14 12 $8.387 Y 345 KENAI PARTNERS LLC 10.01 MU 1.14 11 $7,688 Y 356 COULTER KENNETH D & CONNIE I 9.91 MU 1.14 11 $7.688 356 TERTELlNG COMPANY INC 9.90 RES 2.8 28 $19.571 Y 384 KEPU$ CHRISTOPHER J & KATHLEEN M 9.77 RES I 2.8 27 $18,872 Y 411 SPOFFORD CONNIE L & PHILIP W 9.40 RES 2.8 26 $18.173 411 KENAIPARTNERSLLC 7.81 RES 2.8 22 $15,377 Y 433 RACKHAM LAWRENCE H & J'DEANNE F TRUST 4.44 RES 2.8 12 $8,387 433 RACKHAM L L C 4.19 RES 2.8 12 $8,387 433 VAN AUKER RONALD W 2.98 MU 1.14 3 $2,097 Y 436 ADA COUNTY HIGHWAY DISTRICT 2.89 I 0 0 $0 I 436 ADAMS WILLIAM B & IRENE F , 2.02 I RES 2.8 6 $4,194 I - 436 .. I HUTT DONALD 0 & KARYN MARIE 1.86 I RES 2.8 5 $3,495 436 TIBBETTS JERRY L & CAMILE A 1.76 I RES 2.8 5 $3.495 I 436 COLUMBIA INVESTMENT LLC -- !-_ 1.67 I RES 2.8 5 $3.495 I 436 BARTON LEWIS E & MARY ANN 1.63 I RES 2.8 5 $3.495 ! 436 COLUMBIA INVESTMENTS LLC 1.45 I RES 2.6 4 $2,796 436 GREEN ROBERT W & ELlZABA TH A I 1.01 I RES 2.8 3 $2.097 , 436 KELLER LANCE i 1.00 i RES 2.8 3 $2.097 436 VAN AUKER RONALD W '-~-I RES 2.8 1 $699 436 BEITZ LEONARD F & NANCY H I 1.00_1 RES 2.8 1 $699 I 436 KELLER LANCE H i 0.99 , RES 2.8 1 $699 436 FAZENBAKER GARY L & DEBRA G I 0.79 , RES ! 2.6 1 $699 I 436 - SWEET JAMES EDWARD JR & JOY " 0.60 RES 2.8 1 $699 I 436 SWEET JAMES E JR & JOY L I 0.43 I RES 2.8 1 , $699 I I 436 OVERLAND WAY HOA INC I 0.08 i I 0 0 I $0 I ! 436 I OVERLAND WAY HOA INC I 0.03 I I 0 0 , $0 I -t 436 i I I ! I 460.98 Acres 637 ERU's ERU's likely to develop: Total Projected ERU's: % Likely to develop wlin 10 Yrs: 436 637 66% . Denotes portion within lalecome~s area wit1:!lr i~ -:;-"'\ ''1\ . , "--l Page 1 silverstone H20 LC.l 0-B-02.xls 10/8/2002 "EXHIBIT C" SUNDANCE INVESTMENTS L.P. SIL VERSTONE WATER LINE LATE COMERS' AGREEMENT FEE COMPUTATIONS AREA DETERMINA nON: Total Service Area = 460.98 Gross Acres Latecomers Area = Total Service Area - Developer's Area TOTAL SERVICE AREA PROJECTED ERUs: I 637 DEVELOPER IS AREA PROJECTED ERU's: I 98 LATE COMER'S PROJECTED ERU's: I 539 FEE COMPUTATION: DEVELOPER'S CONTRIBUTION: $ 304,743.00 Verified from Billings PORTION A lTRlBUTABLE TO DEVELOPER'S SUBDIVISION: 15.4% x $304,743.00 = $46,883.54 %OF TOTAL 100.0 %OF TOTAL 15.4 %OF TOTAL 84.6 PORTION OF DEVELOPER'S CONTRIBUTION ELIGIBLE FOR REIMBURSEMENT: Total Service Area (100%) - Developer's Percentage = Percentage Eligible = 84.6% 84.6% x $ 304,743.00 = $257,859.46 LATE COMER FORMULA: (Eligible ReimbursementlLate Comer's Service AreaERU's = Late Comer Fee per ERU) $ 257,859.46 = $478.40 539.00 ,,,Hi~,o ~- REIMBURSEMENT BASIS: Assume payback period often years and an overall growth rate of 68% within the Late Comer area over that ten years. The Adjusted Late Comer fee per ERU = $ 478.40 68% = $698.95 ADMINISTRATIVE FEE: An administrative fee will be added to the latecomer fee to cover costs to the 5% Latecomer Fee w/ City Administration Cost: $698.95 x 5% = $733.90 REIMBURSEMENT SCHEDULE: The Developer paid the costs of installing the water line. The Late Comer fee paid by each parcel, or portion thereof, who connects to the subject water line wi.11 be paid per the above agreement. The fees assessed to each latecomer shall be adjusted annually on October 1 st, at an armual percentage rate of 6% The latecomer fees shall be: Effective Date Latecomer Fee per ERU October 1,2002 $733.90 October 1, 2003 $ 777.93 October 1, 2004 $ 824.61 October 1, 2005 $ 874.09 October 1,2006 $ 926.53 October 1, 2007 $ 982.12 October 1, 2008 $ 1,041.05 October 1,2009 $ 1,103.51 October 1, 2010 $ 1,169.72 October 1,2011 $ 1,239.91 Table I ;:Iff it," .~. October 11 , 2002 MERIDIAN CITY COUNCil MEETING APPLICANT Public Works Department October 15, 2002 3-}L ITEM NO. REQUEST Sale and Purchase Agreement, Permanent Slope Agreement, Temporary Construction Easement, and Addendum to Temporary Construction Easement for the Overland Road Rebuild Project - Ada County Highway District: AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FI RE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERI DIAN 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 Affached Memo ~ If'8 LJ;ff Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. City of Meridian Public Works Dept. Memo RECEIVED OCT 1 0 2002 To: Mayor Corrie & City Council From: Brad Watson, P.E. CC: File, Gary Smith, PE, City Clerk Date: 10/1012002 Re: Proposed Agenda Item for October 15 City Council Meeting City Of Meridian City Clerk Office The Public Works Department respectfully requests that the following item be placed on the October 15 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Silverstone Subdivision Water Latecomer Aareement - Sundance Development Company. This latecomer agreement, a signed copy of which is attached, reflects the methodology of the sewer latecomer agreement discussed with Mayor and Council last month. Recommended Council Action: Approve the water latecomer agreement with Sundance Development Company and authorize the Mayor to sign and City Clerk to attest * 2) A reement Tern orary ons ction asement Addendum to Tempera onstruction Easement. These documents are associated with Ada Coun Ighway District's Over1and Road re- build project. These agreements and easements concern the City's Well No. 14 located on SE 5th Way. We negotiated with ACHD and find the agreements and easements mutually acceptable. Recommended Council Action: Approve Sale & Purchase agreement, the Pennanent Slope Agreement, the Temporary Construction Easement, and the Addendum to the Temporary Construction Easement with Ada County Highway District and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. p . Page 1 ACHD Project No. 502005 Overland Road (Eagle Rd. to Meridian Rd.) RIW Parcel No.4 7 T3N, R1 E, Section 19 SALE AND PURCHASE AGREEMENT (Partial Take) THIS SALE AND PURCHASE AGREEMENT (the "Agreement") is made and entered into this _ day of , 2002, by and between THE CITY OF MERIDIAN, (herein "SELLER"), and ADA COUNTY HIGHWAY DISTRICT (herein "ACHD"); WITNESSETH: FOR GOOD AND SUFFICIENT CONSIDERATION, IT IS AGREED: SECTION 1. Definitions. As used in this Agreement, the following terms shall have the following meanings: (a) The term "Agreement" shall refer to this Sale and Purchase Agreement. (b) The term "ACHD" shall refer to ADA COUNTY HIGHWAY DISTRICT, a body politic and corporate of the State of Idaho, whose address is 318 East 37th Street, Garden City, Idaho 83714-6499, Attention: Marilyn Adarbeh, whose telephone number is (208) 387-6276 and whose fax telephone number is (208) 387-6380. (c) The term "Closing Agent" shall refer to Alliance Title & Escrow, 250 S. 5th Street, Suite 100, Boise, Idaho 83702. (d) The term "Closing Date" shall mean ,20_; provided, by written addendum signed by both parties and delivered to Closing Agent, the Closing Date may be rescheduled to such date as the parties agree, and under Section 8.7 the Closing Date may also be extended, and in either event the Closing Date shall then mean such rescheduled date. (e) The term "Deed" shall mean the form of deed attached hereto as Exhibit U14" (f) The term Easements shall mean, collectively, the Permanent Slope Easement and the Temporary Construction Easement attached hereto as Exhibits "2" and "3". (g) The term "Easement Area" shall mean, collectively, the real property described on Exhibit "A" to each Easement. Sale and Purchase Agreement, Page 1 (8/20/2002) /: \, (h) The term "Exceptions to Title" shall refer to those existing exceptions to Seller's title to the Property described on Exhibit "B" to the Deed. (i) The term "Hazardous Materials" shall mean any substance, material, or waste which is regulated by any local governmental authority, the State of Idaho or the United States of America, including, but not limited to, any material or substance which is (i) defined as a "hazardous waste," "PCB waste," or "restricted hazardous waste" under the Idaho Hazardous Waste Management Act of 1983; (ii) designated as a "hazardous substance" pursuant to Section 311 of the Clean Water Act (33 U.S.C. S1317); or (iii) defined as a "hazardous substance" pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. S9601 (14). 0) The term "Project" shall refer to the highway improvement program being undertaken by ACHO, internally known as Project Number 502005 and commonly known as Overland Road (Eagle Rd. to Meridian Rd.). (k) The term "Property" shall refer to the real property described on Exhibit "AU to the Deed. (I) The term "Purchase Price" is the amount set forth in Section 6.1. (m) The Property is a part of a larger parcel of real property owned by Seller, and the term "Remaining Property" shall refer to the remainder of the parcel of real property which will continue to be owned by Seller after this transaction is closed. (n) The term "Seller" shall refer to the above named Seller, which is a municipal corporation organized and existing under the laws of the State of Idaho, whose address is 33 E. Idaho Avenue, Meridian, Idaho 83642, whose telephone number is (208) 898-5500 and whose fax telephone number is 887-1297. SECTION 2. Recitals. 2.1. ACHD is a single county-wide highway district organized and existing under the laws of the state of Idaho, with the responsibility and jurisdiction and authority to construct and improve highways in Ada County, Idaho, and in that connection has undertaken the Project. 2.2. In lieu of condemnation and in furtherance of the Project and for the price and on the terms and conditions hereinafter set forth, ACHD desires to purchase the Property from Seller, acquire the rights of access and use of the Easement Area set forth in the Easements, and pay for any damages which may accrue to the Remaining Property and/or any eligible business located thereon by reason of its severance from the Property and the construction of the Project, and for the price and on the terms and conditions hereinafter set forth Seller is willing to sell and grant the same to ACHO and settle such damage claims, if any. SECTION 3. Agreement to Sell and Purchase the Property. Seller hereby agrees to sell I grant and convey the Property to ACHD, and ACHD hereby agrees to purchase the Sale and Purchase Agreement, Page 2 (8/20/2002) {c Property from Seller, subject to the Exceptions to Title, for the Purchase Price and on the terms and conditions hereinafter set forth. SECTION 4. Aqreement to Grant Easements. Seller hereby agrees to grant the rights of access and use of the Easement areas to ACHD on the terms and conditions set forth in the Easements, and ACHD hereby agrees to purchase the same from Seller as a part of the Purchase Price and on the terms and conditions set forth in the Easements. SECTION 5. Damaqes to Remaininq Property; Release and SUNival. As a part of the purchase price ACHD hereby agrees to pay and/or provide mitigation as generally described on Exhibit "4" for all damages which may accrue to the Remaining Property and/or any eligible business located thereon by reason of its severance from the Property and the construction of the Project on the Property in the manner proposed by ACHD. This payment/mitigation is intended to be in full settlement of all claims, demands and causes of action Seller may have against ACHD for such damages. Accordingly, Seller, on Seller's behalf and on behalf of successors and assigns to the Remaining Property, hereby forever releases, discharges and acquits ACHD from any and all actions, causes of action, claims or suits for damages, losses, expenses, attorney's fees and costs of suit which Seller shall have or which in the future may arise, whether vested or contingent, at law or in equity, foreseen or unforeseen, known or unknown, and whether or not described on Exhibit "4", from or as a result of or by reason of or in connection with the severance of the Property from the Remaining Property and the construction of the Project on the Property in the manner proposed by ACHD. It is agreed this release will survive the closing under this Agreement. SECTION 6. Purchase Price; Method of Payment. 6.1. The Purchase Price to be paid by the ACHD for the Property, the Easements and for damages to the remaining property and/or any eligible business located thereon under Section 5 is TEN THOUSAND FOUR HUNDRED AND TWENTY AND NO/100 DOLLARS ($10,420.00). 6.2. The Purchase Price shall be paid by the ACHD through the Closing Agent for the account of Seller on or before the Closing Date, by the deposit with Closing Agent of ACHD's check made payable to the Closing Agent. SECTION 7. Covenant of Peaceful Possession. At the conclusion of closing, Seller covenants and agrees to grant quiet and peaceful possession of the Easement Property for the term of, and as provided in, the Easements. SECTION 8. Closinq. 8.1. The closing under this Agreement and delivery of all cash and all executed instruments and documents contemplated herein shall take place at the offices of the Closing Agent. Sale and Purchase Agreement, Page 3 (8/20/2002 ) 8.2. On or before the Closing Date, the Seller shall deposit with the Closing Agent the following instruments and documents, each duly executed, and, where appropriate, acknowledged: (a) the Deed; and (b) the Easements; and (c) such other documents as are required to effect the agreements of the Seller herein contained. 8.3. On or before the Closing Date, the ACHD shall deposit with the Closing Agent the following: (a) its check made payable to the order of the Closing Agent for the amount of the Purchase Price as the same may be adjusted by Closing Agent's closing accounting reflecting the amount shown by the Closing Agent as necessary to pay ACHD's portion of closing costs and Seller's tax proration; and (b) such other instruments and documents as are required to effect the agreements of the ACHD herein contained. 8.4. Before the Closing Date, the Seller and ACHD shall deposit with the Closing Agent the following: and (a) a true copy of this Agreement, to be executed by Closing Agent; (b) such closing escrow instructions, consistent with this Agreement, as required by the Closing Agent, executed by ACHD, Seller and Closing Agent. 8.5. Closing Agent is authorized and directed by Seller to pay Seller's portion of the closing costs and any payments required under Section 9.1 to remove all exceptions to title to the Property which are not Exceptions to Title and by ACHD to pay ACHD's portion of the closing costs from the funds deposited with the Closing Agent by the ACHD under Section 8.3. 8.6. When, on or before the Closing Date, the Closing Agent has received the above described funds, instruments and documents and obtained the commitment of the title insurance company named in Section 9.1 to issue title insurance in the form described in Section 9.2, it will proceed to close by recording the Deed and obtaining the Owner's Policy of Title Insurance in the form contemplated by Section 9.2. Then the Closing Agent shall deliver its closing accounting, showing the prorations, applications and payments herein agreed to be made by the parties through the Closing Agent (the same having been submitted and approved by the parties prior to commencement of this closing process), and deliver the funds and documents related to this transaction in its possession as follows: Sale and Purchase Agreement, Page 4 (8/20/2002) /<'. I (a) To the SeHer: (1) the closing accounting; and (2) as reflected in the closing accounting, its check for the funds to be paid to Seller on completion of closing. (b) To ACHD: (1) the recorded Deed; and (2) the Easements; and (3) the Owner's Policy of Title Insurance; and (4) the closing accounting; and (5) as reflected in the closing accounting, its check for the funds, if any, to be paid to ACHD on completion of closing. 8.7. In the event the Closing Agent is unable, for any reason, to close on the Closing Date, it shall immediately notify both parties by both (i) telephone and (ii) mail or fax of the reason. The party causing the delay shall have ten (10) days from the date of the receipt of such notification in which to cure the defect or other concern, and the Closing Date shall be extended accordingly. If the defect or other concern is cured within such period or the party not causing the delay shall waive the same by written notice delivered to the other party and Closing Agent within such period, the Closing Agent shall proceed to close. Otherwise, upon receipt of its fees the Closing Agent shall return all funds and documents in its possession to the party depositing the same and the duties of the Closing Agent shall terminate. This return of the funds and documents by the Closing Agent under this Section 8.7 shall not affect the obligations of the parties under this Agreement, and the party not in default shall have all rights and remedies for default as may be applicable including, without limitation, the remedy of specific performance. SECTION 9. Title Insurance. 9.1. ACHD, at its sole cost, has already obtained, and made available to Seller, a Commitment for Title Insurance issued by Alliance Title & Escrow, Inc., dated May 30, 2002, commitment number 01094116 (the "commitment"). The commitment shows title to the Property and the Easement Areas in Seller, the Property subject only to the standard general exceptions, the Exceptions to Title and such other exceptions as can be either removed by Seller through the closing process or are acceptable to ACHD under section 9.2. Seller hereby authorizes the Closing Agent, simultaneously with closing hereunder and at Seller's sole cost and under separate escrow instructions between Seller and Closing Agent, to apply such portions of the Purchase Price as are necessary to obtain satisfactions and releases of encumbrances, terminations of any Sale and Purchase Agreement, Page 5 (8/20/2002) leases and the removal of all other exceptions to title shown on the commitment insofar as they relate to the Property. 9.2. On the Closing Date, the Closing Agent shall cause such title insurance company to issue an Owner's Policy of Title Insurance, insuring title to the Property in ACHD in the amount of that portion of the Purchase Price attributable to the value of the Property (exclusive of damages to the Remaining Property and any business located thereon, payments for the Easements, etc.), free and clear of all liens, encumbrances and other exceptions to title except the standard printed exceptions, the Exceptions to Title, exceptions shown on the commitment related to the right of units of local government, irrigation, drainage and other public districts and utilities to claim levies and assessments, where no delinquencies appear of record, and any other exceptions to title ACHD has waived by written notice delivered to the Seller and Closing Agent. The premium for this policy of title insurance shall be paid by ACHD. SECTION 10. Closinq Costs. 10.1. ACHD shall pay the following costs and expenses in connection with the Closing: (a) the costs of the recording of the Deed; and (b) the premium payable for the Owner's Policy of Title Insurance described in Section 9.2; and (c) all of the fees of the Closing Agent required to accommodate the terms and provisions of closing under this Agreement, exclusive of those described in Section 10.2(a). 10.2. Seller shall pay the following costs and expenses in connection with the Closing: (a) all costs and expenses related to obtaining the removal of all exceptions to Seller's title to the Property which are not Exceptions to Title; and (b) Seller's portion of property taxes and assessments determined under Section 11. SECTION 11. Proration of Property Taxes. Property taxes on the Property for the current year which are a lien but not yet due and payable shall be prorated between ACHD and Seller as of the Closing Date based on the assessed value of the Property and the assessed value of the entire parcel (the Property plus the Remaining Property), without improvements, for the year prior to closing hereunder. The Seller shall pay Seller's prorated portion to ACHD through the Closing Agent. Sale and Purchase Agreement, Page 6 (8/20/2002) SECTION 12. Access for Inspection and Indemnification; Possession. 12.1. From and after the date of this Agreement until the Deed is recorded, Seller extends to ACHD, its Commissioners, employees, contractors and agents, access to the Property and the Easement Areas during normal and customary business hours, to inspect, survey, sample and test soils and similar purposes. In exercising this right of access, ACHD will cooperate with Seller so as not to materially interfere with Seller's use of the Property or the Easement Areas, or the use of the same by tenants of Seller. ACHD hereby indemnifies and holds Seller harmless from and against any and all loss, injury, death or damage caused by or arising out of the acts or omissions of ACHD, its Commissioners, employees, contractors and agents, in their exercise of this right of access, and any attorney fees and costs that might be incurred by Seller in defending any such claim. 12.2. ACHD shall be entitled to possession of the Property from and after the date the Deed is recorded and to possession of the Easement Areas as provided in the Easements. SECTION 13. Affirmative Covenants and Warranties; Survival. 13.1. From and after the date of this Agreement until possession of the Property is delivered to ACHO, Seller covenants and agrees that Seller will: (i) refrain from creating or incurring any mortgage, lien, or other encumbrance in any way affecting the Property; (ii) not cause or permit the presence, use, generation, release, discharge, storage, or disposal of any Hazardous Materials on, under, in, or about, or the transportation of any Hazardous Materials to or from, the Property or the Easement Areas in violation of applicable laws; (Hi) not commit any waste or allow any nuisance upon the Property or the Easement Areas; (iv) maintain and keep the Property and the Easement Areas in its present condition; and (v) observe all laws, ordinances, regulations, and restrictions affecting the Property and its use and the Easement Areas and its use. 13.2. Seller warrants that neither Seller, nor, to the knowledge of Seller, any previous owner, tenant, occupant, or user of the Property used, generated, released, discharged, stored, or disposed of any Hazardous Materials under, in, or about the Property or the Easement Areas, or transported any Hazardous Materials to or from the Property or the Easement Areas in violation of applicable laws. 13.3. In addition to the obligations required to be performed hereunder by Seller at the closing, Seller agrees to perform such other acts, and to execute, acknowledge, and/or deliver subsequent to the closing such other documents as ACHD may reasonably request in order to effectuate the complete consummation of the transaction contemplated herein. 13.4. These covenants and warranties by Seller shall not be merged into the Deed and shall survive the closing under this Agreement. Sale and Purchase Agreement, Page 7 (8/20/2002) SECTION 14. Attorneys' Fees. Should either party or the Closing Agent find it necessary to employ an attorney for representation in any action seeking enforcement of any of the provisions of this Agreement, or to protect its interest in any matter arising under this Agreement, or to recover damages for the breach of this Agreement, or to resolve any disagreement in interpretation of this Agreement, the unsuccessful party in any final judgment entered therein agrees to reimburse the prevailing party for all reasonable costs, charges and expenses, including attorneys' fees, expended or incurred by the prevailing party in connection therewith and in connection with any appeal, and the same may be included in such judgment. SECTION 15. Notices. Any and all notices required to be given by either of the parties hereto and/or by the Closing Agent shall be in writing and deemed delivered when either (i) delivered personally, or (H) sent by fax by a program that will confirm fax delivery to the fax telephone number set forth in Section 1 and with a copy by First Class U. S. Mail, postage prepaid, addressed to the other party, and/or the Closing Agent at the address set forth in Section 1, or (iii) deposited in the United States Mail, certified, return receipt requested. postage prepaid. addressed to the other party and/or the Closing Agent at the address set forth in Section 1, or such other fax telephone number or mailing address as may be provided by written notice of such change given to the other in the same manner as above provided. SECTION 16. Applicable Law. This Agreement shall be governed by, and construed in accordance with, the law of the State of Idaho. SECTION 17. Incorporation of Exhibits. It is agreed that all exhibits to this Agreement are incorporated by reference and made a part of the terms, provisions and covenants of this Agreement. SECTION 18. Bindinq Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their successors, provided that no assignment of their respective rights and obligations hereunder shall be made by either party. SECTION 19. Time of Essence. All times provided for in this Agreement or in any other instrument or document incorporated herein or contemplated hereby for the performance of an act will be strictly construed, it being agreed that time is of the essence of this Agreement. SECTION 20. Entire Aqreement: Modification. This Agreement and the Exhibits attached hereto embody and constitute the entire understanding between the parties with respect to the transaction contemplated herein, and all prior or contemporaneous agreements, understandings, representations, and statements, oral or written, are merged into this Agreement. Neither this Agreement nor any provision hereof may be waived, modified, amended, discharged, or terminated except by an instrument in writing signed by the party against which the enforcement of such waiver, modification, amendment, discharge, or termination is sought, and then only to the extent set forth in such instrument. Sale and Purchase Agreement, Page 8 (8/20/2002) \ SECTION 21. Warranty of Authority to Execute. 21.1. The person(s) executing this Agreement on behalf of ACHD represent(s) and warrant(s) due authorization to do so on behalf of ACHD, and that upon execution of this Agreement on behalf of ACHD, the same is binding upon, and shall inure to the benefit of, ACHD. 21.2. If Seller is not a natural person, the person(s) executing the Agreement on behalf of Seller represent(s) and warrant(s) due authorization to do so on behalf of Seller, and that upon execution of this Agreement on behalf of Seller, the same is binding upon, and shall inure to the benefit, of Seller. SECTION 22. Counterparts. This Agreement shall be executed in two counterparts, each of which shall be deemed an original but both of which together shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day, month and year first above written. THE CITY OF MERIDIAN Tax 10 No: By: By: ADA COUNTY HIGHWAY DISTRICT By: Title: Sale and Purchase Agreement, Page 9 (8/20/2002) CLOSING AGENT AGREEMENT Closing Agent hereby accepts the provisions of this Agreement which relate to closing the sale and purchase herein contemplated as set forth in Sections 3, 6, 8, 9, 10, 11 and 15 and hereby agrees to perform its responsibilities thereunder, and ACHD agrees to pay its fees for such services. After closing, Closing Agent agrees to deliver to each of the parties a copy of all the documents. Dated this day of ,2002. CLOSING AGENT By: Title: EXHIBITS "1" Deed, with legal description of Property and Exceptions to Title attached. "2" Construction Easement "3" Permanent Easement "4" Appraisal Summary/Mitigation of Damages Sale and Purchase Agreement, Page 10 (8/20/2002) ( ACHD Project No. 502005 Overland Road (Eagle Rd. to Meridian Rd.) RIW Parcel NO.4 7 T3N, R1E, Section 19 Exhibit "1" (Reserved for Ada County Recorder) WARRANTY DEED THIS INDENTURE, made this day of , 2002, THE CITY OF MERIDIAN, the "GRANTOR", and ADA COUNTY HIGHWAY DISTRICT, a body politic and corporate of the State of Idaho, the "GRANTEE"; WITNESSETH: FOR VALUE RECEIVED, the GRANTOR has granted, conveyed, bargained and sold, and does hereby grant, bargain, sell, convey and confirm to the GRANTEE and its successors and assigns forever, that certain real property situated in the COUNTY OF ADA, STATE OF IDAHO, more particularly described on Exhibit "A" and depicted on Exhibit "8" attached hereto and by this reference made a part hereof, TOGETHER with all and singular the buildings, structures, improvements and fixtures thereto, the tenements I hereditaments and appurtenances thereunto belonging or in anywise appertaining, the reversion and reversions, remainder and remainders, and rents, issues and profits thereof (the "Premises"). Subject to those exceptions to GRANTOR's title as are set forth on Exhibit "e" attached hereto and by this reference made a part hereof. SUBJECT TO those exceptions to title to which this conveyance is expressly made subject and those made, suffered or done by the GRANTEE: (a) the GRANTOR covenants to the GRANTEE, its successors and assigns, that the GRANTEE shall enjoy the quiet and peaceful possession of the Premises; and (b) GRANTOR warrants to the GRANTEE, its successors and assigns, that GRANTOR is the owner of said Premises in fee simple and has the right and authority to convey the same to GRANTEE, and GRANTOR will defend the GRANTEE's title from all lawful claims whatsoever. The current address of the GRANTEE is: Ada County Highway District 318 East 37th Street Garden, Idaho 83714-6499 Sale and Purchase Agreement, Page 11 (8/20/2002) IN WITNESS WHEREOF, this WARRANTY DEED has been duly executed by and on behalf of the GRANTOR, the day, month and year herein first above written. THE CITY OF MERIDIAN By: EXHIBIT ONL Y. DO NO SIGN. By: EXHIBIT ONL Y. DO NO SIGN. State of Idaho ) ) ss. County of Ada ) On this day of , 2002, before me, , a Notary Public in and for the State of Idaho, personally appeared , known or identified to me to be the (office held), and , known or identified to me to be the (office held) of the Corporation that executed this instrument or the persons who executed this instrument on behalf of said Corporation, and acknowledged to me that such Corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public for the State of Idaho Residing at Idaho My Commission expires Sale and Purchase Agreement, Page 12 (8/20/2002) Ada County Highway District Project No. 502005.0 RD202-01 Overland Road - Meridian Road to Locust Grove Road · Parcel 47 . Right-of-Way Take Description A parcel located in the NE 14 of the NW 14 of Section 19, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at a brass cap monument marking the northeasterly comer of said NE Y4 of the NW Y4 from which a 5/8 inch diameter iron pin marking the northwesterly corner of said NE Y4 of the NW Y4 bears S 89043'25" Wa distance of 1327.75 feet; Thence S 89043 '25" W along the northerly boundary of said NE Y4 of the NW Y4 a distance of 179.60 feet to a point; Thence leaving said northerly boundary S 0016'35" E a distance of 45.00 feet to the POINT OF BEGINNING; - Thence S 44043'25" W a distance of28.28 feet to a point; Thence a distance of 31.42 feet along the arc of a 20.00 foot radius non-tangent curve right, said curve having a central angle of 90000'00" and a long chord bearing N 44043 '25" E a distance of 28.28 feet to the POINT OF BEGINNING. This parcel contains 0.003 acres (114 square feet) and is subject to any easements existing or in use. Prepared by: Glenn K. Bennett, PLS Civil Survey Consultants, Incorporated February 26, 2002 EXHIBIT "An Exhibit "B" ACHD Project No. 502005 Overland Road (Eagle Rd. to Meridian Rd.) R/W Parcel NO.4 7 T3N, R1 E, Section 19 EXCEPTIONS: SCHEDULE B - SECTION 2 ORDER NUMBER: 01094116 Alliance Title & Escrow 1. General Taxes for the year, 2001, which are liens, of which the second half is due June 20th. 2. General Taxes for the year, 2002, which are liens, but not yet due and payable. 3. Ditch, road and public utility easements as the same may exist over said premises. 4. Right of Way for EIGHT MILE LATREAL and the rights of access thereto for maintenance of said lateral. 5. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted to Purpose Recorded Instrument No. THE MOUNTAIN STATES TELEPHONE AND TELEGRAPH COMPANY, a Colorado corporation RIGHT OF WAY EASEMENT DECEMBER 21, 1987 8769409 of Official Records 6. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted to Pu rpose Recorded Instrument No. THE MOUNTAIN STATES TELEPHONE AND TELEGRAPH COMPANY, a Colorado corporation RIGHT OF WAY EASEMENT DECEMBER 14, 1988 8861298 of Official Records END OF SCHEDULE B - SECTION 2 \. ACHD Project No. 5020u5 Overland Road (Eagle Rd. to Meridian Rd.) RIW Parcel NO.4 7 T3N, R 1 E, Section 19 Exhibit "2" TEMPORARY CONSTRUCTION EASEMENT THIS INDENTURE, made this day of , 2002, THE CITY OF MERIDIAN, hereinafter "GRANTOR", and ADA COUNTY HIGHWAY DISTRICT, a body politic and corporate of the State of Idaho, hereinafter "ACHD"; WITNESSETH: FOR VALUE RECEIVED, and for the term and uses and on the terms and conditions hereinafter set forth, GRANTOR does hereby grant to ACHD 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 on Exhibit "A" attached hereto and by this reference made a part hereof (the "SeNient Estate"). This grant is made on the following terms: 1. Authorized Uses Bv ACHD. ACHD's use of the Easement granted herein shall be in connection with the construction and improvement of a highway on adjoining and abutting property owned by ACHD (the ''Dominant Estate"), for access and egress for equipment and vehicles, for construction. excavation, storage of earth and other materials thereon, for sUNeying, and for all other reasonable uses that are necessary, advisable or convenient to ACHD in connection with such highway construction and improvement project, and for ingress and egress to and from the Dominant Estate. 2. Use bv Others Under ACHD. ACHD's right to so use the SeNient Estate during the term of the Easement shall extend to use by ACHD'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 terminating on the completion of the highway construction and improvement project on the Dominant Estate. On the expiration of the term of this Easement, the rights and privileges granted to ACHD hereunder shall cease and terminate and this Easement shall be null and void and of no further force and effect. 4. Indemnification. ACHD hereby agrees to indemnify and hold GRANTOR harmless from and against any and all claims for loss, injury, death and damage caused by or arising out of the use- of the Servient Estate by ACHO, its Commissioners, employees, contractors and agents, hereunder, and including, without limitation. attorneys fees and costs that might be incurred by GRANTOR in defending any such claims. Sale and Purchase Agreement, Page 13 (8/20/2002) 5. Restoration on Expiration of Term. On the expiration of the term of this Easement the Servient Estate shall be restored by ACHD, at its sole cost and expense, to at least as good a condition as existing on the date of this Indenture. 6. Binding 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) ACHD AND GRANTOR, respectively, and their successors and assigns, and (ii) their respective interests in the Dominant and Servient Estates. 7. Appurtenant. The Easement herein granted is appurtenant to the Dominant Estate. TO HAVE AND TO HOLD this Easement unto the ACHD for the term hereinabove set forth. GRANTOR covenants to ACHD that ACHD shall enjoy the quiet and peaceful possession of the Servient Estate throughout the term hereof; and, (b) GRANTOR warrants to the ACHD that GRANTOR is lawfully seized and possessed of the Servient Estate and has the right and authority to grant this Easement to ACHD. IN WITNESS WHEREOF, this Temporary Construction Easement has been duly executed by the parties, the day, month and year herein first above written. THE CITY OF MERIDIAN By: EXHIBIT ONL Y. DO NO SIGN. By: EXHIBIT ONL Y. DO NO SIGN. ADA COUNTY HIGHWAY DISTRICT By: Randy Lane, Supervisor Right-of-Way Division Exhibits: "A" Depiction of Servient Estate NO ACKNOWLEDGEMENT NEEDED. THIS EASEMENT IS NOT TO BE RECORDED Sale and Purchase Agreement, Page 14 (8/20/2002) ( ACHD Project No. 502005 Overland Road (Eagle Rd. to Meridian Rd.) RIW Parcel No. 47 T3N, R1E, Section 19 ADDENDUM TO TEMPORARY CONSTRUCTION EASEMENT The Temporary Construction Easement is signed subject to the following conditions: The Temporary Easement requirement will be reduced to preserve and protect the owner's current fence line. The manhole proposed for HS 72+50, 55R is to be constructed at HS 72+50, 37R. The trees located at HS 71+80, 50R and HS 72+19, 50R and HS 72+65, 60R are to be removed by the District during construction. End of conditions. THE CITY OF MERIDIAN By: By: ADA COUNTY HIGHWAY DISTRICT By: Randy Lane, Supervisor Right-of-Way Division PROJECT PLANS CITY OF NfERIDIAN Project No. 502005.0 RD 202-01 Parcel 47 R>i(~cM>E p-U- ,to;') -iJ..l j) v for te> TC-E. EXHIBIT "A" C1. S( ~t" Woy ~ 73+0 "-"" -. /, ;r &-!~ /4__ ..J -. '" :'l:-W- ;-0 NOTES =: '~' II.........,.,... ... ~~ Il'VCI(l'''''' ~. ......- II.J;~ 0'1= 0( I:, Q....-.. c.o..-.unl 11:....... :01. I ..... .~/:II~ ~_ 'lj..... lOi~IJA-'l ,~\ 1:1'............ c...... 011 c......-.. II C....u..., ;'I...... ;:,)1... '... I ~~ Iii'__ ~_trw!f'K~ It_ .:'O'4lA,1 :fs.: 1_ 1,... ti--l, Y-11I.o ~ ~_./ct--=tr'l.. P..I "\_ :oj 4 LA 1 ~ ~ ~_ ~-,~~O -('l~'j.~ ,. ~*,c,....,. """" Go..o/i....... 11I_ 100tt~ IA..j {1~ "f" ~ c.o-c...,. ~ r""",..,.,.... ~. ..-. ''Oil! -4 'I r I ~ .g.~l._ 1iII...,...g. P,..o w..t11. .-.c1'EJooW'o(.., I. ~OG" ; ( I ~ ~~ot_ t_ ~. 10 .,. -..:... ~.... ~. 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W2' I H I -nG4 ......-c Vortcn "'-. r'N'" v. 1,..... W2 4,1 C.I ~ ~ -s.,.......", 9'-'110 ~ ""C-M..O,}.I'1.' M 04' ~. "'--H+.lj'l. )6 00' "- ...........~ 00' <[!I Poo;:-'O...~l.'). .}4,OO. 01., l"1-ro-n 1~. "00' r"i,. ~"JOOO. ~1J -11-(:..11.... 1'1 &.I DC)" rt" "'-11""'72. )6.0C)"...... ~-.'IOOO o o>("tl..-.oO:l'. )(..o..:l' l\. 1"'1_11...r'00::. f1~'J I\~ .1:-....)0 00' C) ""'C-~I.\I~I5~ ~ I'. 11:, JI1'...J~'I'oe. }6oc), "I, .~_-:o :,) f) "'-:-1).:1>6 }4-DO II;c "~1).)1~3. 6'-': "l, "~--.!ooOO f]I P>(-')"~"]}I M /t-II II; ,...,..11..11]1 }fjOO III .-..,... - ~ 00 S ~ . C~ t.... .... .......t.. t.... ,,~ r.c--(",,~, 1>04 .0 L ""., ~ SI.. '-0- ')~ tJ.r.....:....o Dr 'i:A& r'tt ~i V pu h-;,v.I.4P "'1 [t'lC~ . TO PI.. -f-J 'M V.k Fb.l (~ . ACHD Project No. 502005 Overland Road (Eagle Rd. to Meridian Rd.) R/W Parcel NO.4 7 T3N, R1 E, Section 19 Exhibit "3" (Reserved for Ada County Recorder) PERMANENT SLOPE EASEMENT AGREEMENT THIS PERMANENT SLOPE EASEMENT AGREEMENT (the "Agreement"), made and entered into this _ day of , 2002, by and between THE CITY OF MERIDIAN, hereinafter referred to as "GRANTOR", and ADA COUNTY HIGHWAY DISTRICT, a body politic and corporate of the state of Idaho, hereinafter referred to as "ACHO"; WIT N E SSE T H: FOR GOOD AND SUFFICIENT CONSIDERATION, IT IS AGREED: SECTION 1. Recitals. 1.1 GRANTOR owns the real property located in Ada County, State of Idaho as more particularly described on Exhibit "A" attached hereto and by this reference made a part hereof (hereinafter the "Servient Estate"). 1.2 ACHD owns and has exclusive jurisdiction over the public rights-of-way and Highways (as used in the Agreement, the term "Highway" is as defined in Idaho Code S 40-109(5)) located in Ada County, Idaho and including the Highway which adjoins the "Servient Estate" (the "Dominant Estate"). 1.3 ACHD has reconstructed and improved the Highway on the Dominant Estate and desires to obtain a slope easement on, under and across the Servient Estate in order to provide structural integrity to such Highway, and, on the terms and conditions hereinafter set forth, GRANTOR is willing to grant such easement to ACHD. SECTION 2. Grant and Authorized Use; Use not Exclusive. 2.1 On the terms and conditions hereinafter set forth, GRANTOR hereby grants to ACHD a perpetual easement on, under and across the Servient Estate for the following uses and purposes and no others: Sale and Purchase Agreement, Page 15 (8/20/2002) the construction and for the permanent placement of rock, dirt and related clean filJ creating a slope supporting and holding up the adjacent Highway on the Dominant Estate (hereinafter "Slope"), and for maintenance and repair of such Slope; and access on the Servient Estate for planting of grass and other landscaping on the surface of the Servient Estate and for related Improvements. 2.2 This Agreement does not extend to ACHD the right to use the surface of the Servient Estate to the exclusion of Grantor, and ACHD's rights under this Agreement are subject to the rights of the Grantor and Grantor's guests, invitees, agents and contractors to use and enjoy the surface of the Servient Estate and the Landscaping thereon, and to irrigate and maintain the same, provided the physical integrity of the Slope is not compromised by such activities. SECTION 3. Consideration. As consideration for the grant of this Easement ACHD agrees to: (a) pay Grantor Two Thousand Two Hundred Seven and 40/100 Dollars ($2,207.40), receipt of which is hereby acknowledged; and (b) Grantor. plant and install the Landscaping on the Servient Estate, at no cost to SECTION 4. Construction and Installation. The construction of the Slope in, on and under the Servient Estate, and any repair and maintenance thereof, shall be accomplished according to good engineering practices. All costs and expenses related to the design I construction, maintenance and repair of the Slope shall be the sole responsibility and obligation of, and shall be paid by, ACHD. Provided, after the Landscaping of the Servient Estate is completed by ACHD, the costs of irrigating, weeding, fertilizing, replacing diseased and dead shrubs and plants and otherwise maintaining the Landscaping and the surface of the Servient Estate shall be at the sole cost and expense of Grantor. SECTION 5. Maintenance. 5.1 ACHD shall maintain the physical integrity of the Slope in good condition and repair and as required to satisfy all requirements of applicable laws, the policies of ACHD and sound engineering practices. The repair and maintenance of the physical integrity of the Slope shall be at the sole cost and expense of ACHD; provided if the damage to the physical integrity of the Slope is as a result of the activities of Grantor, Grantor's guests, invitees, contractors or agents, the repair shall be at the sole cost and expense of Grantor. 5.2 If the Landscaping is damaged as a result of the performance by ACHD of any repair and maintenance of the physical integrity of the Slope, at its sole cost and expense ACHD shall promptly restore the damaged Landscaping. Sale and Purchase Agreement, Page 16 (8/20/2002) SECTION 6. Compliance with the Law. In its use of the Servient Estate, ACHD hereby covenants and agrees to comply in all respects with any and all federal, state and local statutes, law, ordinances, codes, policies, rules and regulations. SECTION 7. Indemnification. ACHD hereby indemnifies and saves and holds Grantor harmless from and against any and all claims for loss, injury, death or damage, and reasonable attorney's fees and costs that may be incurred by Grantor in defending such claims, caused by or arising out of its construction of the Slope on the Servient Estate, and any repair or maintenance thereof. SECTION 8. Covenants Run with the Land. This Agreement shall be a burden upon the Servient Estate and shall be appurtenant to and for the benefit of the Dominant Estate, and shall run with the land. SECTION 9. Exhibits. All exhibits attached hereto and the recitals contained herein are incorporated herein as if set forth in full herein. SECTION 10. Successors and Assiqns. This Agreement, the slope easement herein 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 Servient and Dominant Estate. SECTION 11. Recordation. This Agreement shall be recorded in the Official Real Property Records of Ada County, Idaho. Sale and Purchase Agreement, Page 17 (8/20/2002) ( IN WITNESS WHEREOF, the undersigned have caused this Easement to be executed the day, month and year first set forth above. THE CITY OF MERIDIAN By: EXHIBIT ONL Y. DO NO SIGN. By: EXHIBIT ONL Y. DO NO SIGN. ADA COUNTY HIGHWAY DISTRICT By Randy Lane, Right of Way Supervisor State of Idaho ) ) ss. County of Ada ) On this day of I 2002, before me, , a Notary Public in and for the State of Idaho, personally appeared , known or identified to me to be the (office held), and I known or identified to me to be the (office held) of the Corporation that executed this instrument or the persons who executed this instrument on behalf of said Corporation, and acknowledged to me that such Corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public for the State of Idaho Residing at Idaho My Commission expires Sale and Purchase Agreement, Page 18 (8/20/2002) STATE OF IDAHO) ) ss. County of Ada ) On this day of , 2002, before me, , a Notary Public in and for the state of Idaho, personally appeared Randy Lane, known or identified to me to be the Supervisor of the Right of Way Division of the Ada County Highway District, the person who executed this instrument of behalf of said District, and acknowledged to me that the Ada County Highway District executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Notary Public for Idaho Residing at: My commission expires: Sale and Purchase Agreement, Page 19 (8/20/2002) .~ Ada County Highway District Project No. 502005.0 RD202-01 Overland Road - Meridian Road to Locust Grove Road . Parcel 47 · Permanent Easement Description An easement for roadway slope and irrigation purposes located in the NE Y4 of the NW Y4 of Section 19, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at a brass cap monument marking the northeasterly corner of said NE Y. of the NW Y. from which a 5/8 inch diameter iron pin marking the northwesterly corner of said NE Y4 of the NW y.. bears S 89043 '25" W a distance of 1327.75 feet; Thence S 89043 '25" W along the northerly boundary of said NE y.. of the N'W v.. a distance of 179.60 feet to a point; Thence leaving said northerly boundary S 0016'35" E a distance of 45.00 feet to the POINT OF BEGINNING; Thence S 44043 '25" W a distance of 7.64 feet to a point; Thence N 89043 '25" E a distance of 80.11 feet to a point; Thence S 0016' 35" E a distance of 14.00 feet to a point; Thence N 89043 '25" E a distance of20.19 feet to a point; Thence S 66038'46" E a distance of29.04 feet to a point; Thence S 0016'35" E a distance of 13.74 feet to a point; Thence N 89043 '25" E a distance of 17.15 feet to a point; Thence N 0035' 12" E a distance of 44.79 feet to a point; Thence S 89043 '25" W a distance of 139.32 feet to the POINT OF BEGINNING. This parc~l contains 0.052 acres (2,264 square feet) and is subject to any easernents existing or in use. Prepared by: Glenn K. Bennett, PLS Civil Survey Consultants, Incorporated February 26, 2002 EXHIBIT "AIf ( . e ACHD Project No. 502005 Overland Road (Eagle Rd. to Meridian Rd.) R/W Parcel No. 47 T3N, R1E, Section 19 Exhibit "4" APPRAISAL SUMMARY MITIGATION OF DAMAGES Take Area · 114 Sq. Ft. @ $3.90 Sq. Ft.:...................................................................... $ 445 Take Area Improvements · Landscaping..................... ........... ..................................... .$7,635 · Landscape Timbers (12 @ $24.00 each) ..........................$ 288 Total for Improvements........... -........ .......... .... ......... .............. ......... ...... ........... $ 7,923 Permanent Easement Area · 2,264 Sq. Ft. @ $3.90 per Sq. Ft. x 25% ..................................._.............. $ 2,207 Temporary Easement Area · 950 Sq. Ft. @ $3.90 per Sq. Ft. @ 12% for one year ................................ $ 445 TOTAL FAIR MARKET VALUE ..................................................................... $11,020 COMPENSATION REDUCED TO MITIGATE DISTRICT EXPENSE FOR TREE REMOVAL. SEE TCE ADDENDUM. .:J 600 $ 10,420 TOTAL COMPENSATION Sale and Purchase Agreement, Page 20 ~^__ .(8/20/2002) /" I" ACHD Project No. 502005 Overland Road (Eagle Rd. to Meridian Rd.) R/W Parcel NO.4 7 T3N, R1 E, Section 19 (Reserved for Ada County Recorder) WARRANTY DEED THIS INDENTURE, made this day of , 2002, THE CITY OF MERIDIANJ the "GRANTOR", and ADA COUNTY HIGHWAY DISTRICT, a body politic and corporate of the State of Idaho, the "GRANTEE"; WITNESSETH: FOR VALUE RECEIVED, the GRANTOR has granted, conveyed, bargained and sold, and does hereby- grant, bargain, sell, convey and confirm to the GRANTEE and its successors and assigns forever, that certain real property situated in the COUNTY OF ADA, STATE OF IDAHO, more particularly described on Exhibit "A" and depicted on Exhibit "B" attached hereto and by this reference made a part hereof, TOGETHER with all and singular the buildings, structures, improvements and fixtures thereto, the tenements, hereditaments and appurtenances thereunto belonging or in anywise appertaining, the reversion and reversions, remainder and remainders, and rents, issues and profits thereof (the "Premises"). Subject to those exceptions to GRANTOR's title as are set forth on Exhibit "C" attached hereto and by this reference made a part hereof. SUBJECT TO those exceptions to title to which this conveyance is expressly made subject and those made, suffered or done by the GRANTEE: (a) the GRANTOR covenants to the GRANTEE, its successors and assigns, that the GRANTEE shall enjoy the quiet and peaceful possession of the Premises; and (b) GRANTOR warrants to the GRANTEE, its successors and assigns, that GRANTOR is the owner of said Premises in fee simple and has the right and authority to convey the same to GRANTEE. and GRANTOR will defend the GRANTEE's title from all lawful claims whatsoever. The current address of the GRANTEE is: Ada County Highway District 318 East 37th Street Garden, Idaho 83714-6499 Sale and Purchase Agreement, Page 11 (8/20f2002) , , IN WITNESS WI-rt:REOF, this WARRANTY DEED has been duly executed by and on behalf of the GRANTOR, the day, month and year herein first above written. THE CITY OF MERIDIAN By: By: State of Idaho ) ) ss. County of Ada ) On this day of I 2002, before me, a Notary Public in and for the State of Idaho, personally appeared , known or identified to me to be the (office held), and , known or identified to me to be the (office held) of the Corporation that executed this instrument or the persons who executed this instrument on behalf of said Corporation, and acknowledged to me that such Corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public for the State of Idaho Residing at Idaho My Commission expires Sale and Purchase Agreement, Page 12 (8/20/2002) ACHD Project No. 502005 Overland Road (Eagle Rd. to Meridian Rd.) RIW Parcel NO.4 7 T3N, R1 E, Section 19 EXCEPTIONS: Exhibit "B" SCHEDULE B - SECTION 2 ORDER NUMBER: 01094116 Alliance Title & Escrow 1. General Taxes for the year, 2001, which are liens, of which the second half is due June 20th. 2. General Taxes for the year, 2002, which are liens, but not yet due and payable. 3. Ditch, road and public utility easements as the same may exist over said premises. 4. Right of Way for EIGHT MILE LA TREAL and the rights of access thereto for maintenance of said lateral. 5. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted to Purpose Recorded I nstrument No. THE MOUNTAIN STATES TELEPHONE AND TELEGRAPH COMPANY, a Colorado corporation RIGHT OF WAY EASEMENT DECEMBER 21,1987 8769409 of Official Records 6. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted to Purpose Recorded I nstrument No. THE MOUNTAIN STATES TELEPHONE AND TELEGRAPH COMPANY, a Colorado corporation RIGHT OF WAY EASEMENT DECEMBER 14, 1988 8861298 of Official Records END OF SCHEDULE B - SECTION 2 Ada County Highway District Project No. 502005.0 RD202-01 Overland Road - Meridian Road to Locust Grove Road . Parcel 47 . Right-of-Way Take Description A parcel located in the NE 14 of the NW 14 of Section 19, TO\VIlship 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at a brass cap monument marking the northeasterly comer of said NE y.. of the NW 14 from which a 5/8 inch diameter iron pin marking the northwesterly comer of said NE Y4 of the NW Y4 bears S 89043 '25" W a distance of 1327.75 feet; Thence S 89043 '25" W along the northerly boundary of said NE y.. of the NW Y4 a distance of 179.60 feet to a point; Thence leaving said northerly boundary S 0016'35" E a distance of 45.00 feet to the POINT OF BEGINNING; Thence S 44043'25" W a distance of28.28 feet to a point; Thence a distance of 31.42 feet along the arc of a 20.00 foot radius non-tangent curve right, said curve having a central angle of 90000'00" and a long chord bearing N 44043 '25" E a distance of 28.28 feet to the POINT OF BEGINNING. This parcel contains 0.003 acres (114 square feet) and is subject to any easements existing or in use. Prepared by: Glenn K. Bennett, PLS Civil Survey Consultants, Incorporated February 26, 2002 EXHIBIT HA" ACHD Project No. 502005 Overland Road (Eagle Rd. to Meridian Rd.) RIW Parcel No. 47 T3N, R1E, Section 19 TEMPORARY CONSTRUCTION EASEMENT THIS INDENTURE, made this day of , 2002, THE CITY OF MERIDIAN, hereinafter "GRANTOR", and ADA COUNTY HIGHWAY DISTRICT, a body politic and corporate of the State of Idaho, hereinafter "ACHD"; WITNESSETH: FOR VALUE RECEIVED, and for the term and uses and on the terms and conditions hereinafter set forth, GRANTOR does hereby grant to ACHD an easement (the "Easement") under, over, through and across that certain real property owned by GRANTOR situated in the COUNTY OF ADA, 8T A TE OF IDAHO more particularly described on Exhibit "A" attached hereto and by this reference made a part hereof (the "Servient Estate"). This grant is made on the following terms: 1. Authorized Uses By ACHD. ACHD's use of the Easement granted herein shall be in connection with the construction and improvement of a highway on adjoining and abutting property owned by ACHD (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 ACHD in connection with such highway construction and improvement project, and for ingress and egress to and from the Dominant Estate. 2. Use bv Others Under ACHD. ACHD's right to so use the Servient Estate during the term of the Easement shall extend to use by ACHD'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 terminating on the completion of the highway construction and improvement project on the Dominant Estate. On the expiration of the term of this Easement, the rights and privileges granted to ACHD hereunder shall cease and terminate and this Easement shall be null and void and of no further force and effect. 4. Indemnification. ACHD hereby agrees to indemnify and hold GRANTOR harmless from and against any and all claims for loss, injury, death and damage caused by or arising out of the use of the Servient Estate by ACHD, its Commissioners, employees, contractors and agents, hereunder, and including, without limitation, attorneys fees and costs that might be incurred by GRANTOR in defending any such claims. Sale and Purchase Agreement, Page 13 (8/20/2002) 5. Restoration on Expiration of Term. On the expiration of the term of this Easement the Servient Estate shall be restored by ACHOr at its sole cost and expense, to at least as good a condition as existing on the date of this Indenture. 6. Sindin!':! 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) ACHD AND GRANTOR, respectively, and their successors and assigns, and (ii) their respective interests in the Dominant and Servient Estates. 7. Appurtenant. The Easement herein granted is appurtenant to the Dominant Estate. TO HAVE AND TO HOLD this Easement unto the ACHD for the term hereinabove set forth. GRANTOR covenants to ACHD that ACHD shall enjoy the quiet and peaceful possession of the Servient Estate throughout the term hereof; and, (b) GRANTOR warrants to the ACHD that GRANTOR is lawfully seized and possessed of the Servient Estate and has the right and authority to grant this Easement to ACHD. IN WITNESS WHEREOF, this Temporary Construction Easement has been duly executed by the parties, the day, month and year herein first above written. THE CITY OF MERIDIAN By: By: ADA COUNTY HIGHWAY DISTRICT By: Randy Lane, Supervisor Right-of-Way Division Exhibits: "A" Depiction of Servient Estate NO ACKNOWLEDGEMENT NEEDED. THIS EASEMENT IS NOT TO BE RECORDED Sale and Purchase Agreement, Page 14 (8/20/2002) ACHD Project No. 502005 Overland Road (Eagle Rd. to Meridian Rd.) RfW Parcel No. 47 T3N, R1 E, Section 19 ADDENDUM TO TEMPORARY CONSTRUCTION EASEMENT The Temporary Construction Easement is signed subject to the following conditions: The Temporary Easement requirement will be reduced to preserve and protect the owner's current fence line. The manhole proposed for HS 72+50, 55R is to be constructed at HS 72+50, 37R. The trees located at HS 71+80, 50R and HS 72+19, 50R and HS 72+65, 60R are to be removed by the District during construction. End of conditions. 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Ie :-06. 1_( ~ t;~/"t.-..l 1,"'9"" it JlooIor. ......l'OJ"'AI ~ ..'4'l..:.... u..rt.nQ C..-rTI .a- ;:....11_. r.c'~d '\Q 106'" I.A..J f>..c/ 'S.o<l ......... ?'.. 'lJtO ,.. ~........ ~- tkN, "'-" 60.2,4,~ Wl. (...I..-oq C__1_ .-..::........".. La ot....... ~ ""'-C" "'-/S-.d f,-. ..... l'SO-U:sL ....,. 60;!... I H I """rl~ ...w-I C4tt.c'" &o..n. rK>C If. -fi_ 602,4.~ ,c. ~ .....,......,.c~s,-..;~5'I'-I..tO "'C-M"Oj.I1'., 66 [)I.' "'. 1I'T-".jj..Gil', ,)4.00' ... ."""'-300 00' (jJ JOoC~ 70...~7.11. }4.,OO' r't. ;l"1-l'C-a7 J~. woo' i"\. ~-JOOO' 03' 1>(-71.... '1. "00' n... ".-dl.t.n. >4.00' ot. ~-;ooo tV P(;-l'-.-<i-C-DJ, 3-LDCr 0\" ""'_ll.:too:. .::'tJ+ '" 1il~..)O 00' -0 P(- rh'il:>> 1/1') ':)4 I'. -4. n-rJ~ 16.06. ,)6.00' "t. -__-21) ;:, v ~~ ".;:1:)6. }400 'I. 1"'1-1J...'!I1 ~,. ei ~~' I\... W-.a__ JO 00 ~Do(~']~./!,]}I U/r4'",r"!:-Jo4o.I'Jl MOO... .tI~..:.oco .9 ~ ~ C--.....c 'CIo-1 .. ,~.. t~. .,~ C~trt. ,g.o.+ ~o J; .n o[)f '!JIg -!.'i1_I')1 0.--":'5-40 Dr Cl S( ~l" Way ~ I: ,~L__'f/1- -- Jb ~.:.! Lt\~--, ~::~_ 10'~'J ~~:. ./,.. ..Oli' ----. -;: ..... -1- ':. - ~ -....,. --:;.:-- ..~':~...;'~:J &-I~ I /~--. ;.. 72+00 ~ I 73+0 'C.:f .. --- .J __" NOTES ~ oVz@ t'k rAt V P.Et A-~ 0JJ.l P "1 jtJ[Clt- TO P~tJ<M i/J( F-bJ {-€ " , , 'ACHD Project No. 5020uo Overland Road (Eagle Rd. to Meridian Rd.) R/W Parcel NO.4 7 T3N, R1 E, Section 19 Exhibit "4" APPRAISAL SUMMARY MITIGATION OF DAMAGES Take Area · 114 Sq. Ft. @ $3.90 Sq. Ft.:...................................................................... $ 445 Take Area Improvements · Landscaping...... ............................... ................................ .$7,635 · Landscape Timbers (12 @ $24.00 each) ..........................$ 288 Total for Improvements......................................................................... .......... $ 7,923 Permanent Easement Area · 2,264 Sq. Ft. @ $3.90 per Sq. Ft. x 25% .................................................. $ 2,207 Temporary Easement Area · 950 Sq. Ft. @ $3.90 per Sq. Ft. @ 12% for one year................................ $ 445 TOTAL FAIR MARKET VALUE ..................................................................... $11,020 COMPENSATION REDUCED TO MITIGATE DISTRICT EXPENSE FOR TREE REMOVAL. SEE TCE ADDENDUM. ::Ji 600 TOTAL COMPENSATION $ 10,420 Sale and Purchase Agreement, Page 20 (8/20/2002) ACHD Project No. 502005 Overland Road (Eagle Rd. to Meridian Rd.) RIW Parcel No.4 7 T3N, R1E, Section 19 (Reserved for Ada County Recorder) PERMANENT SLOPE EASEMENT AGREEMENT THIS PERMANENT SLOPE EASEMENT AGREEMENT (the "Agreement"), made and entered into this _ day of , 2002, by and between THE CITY OF MERIDIAN, hereinafter referred to as "GRANTOR", and ADA COUNTY HIGHWAY DISTRICT, a body politic and corporate of the state of Idaho, hereinafter referred to as "ACHD"; WIT N E SSE T H: FOR GOOD AND SUFFICIENT CONSIDERATION, IT IS AGREED: SECTION 1. Recitals. 1.1 GRANTOR owns the real property located in Ada County, State of Idaho as more particularly described on Exhibit "A" attached hereto and by this reference made a part hereof (hereinafter the "Servient Estate"). 1.2 ACHD owns and has exclusive jurisdiction over the public rights-of-way and Highways (as used in the Agreement, the term "Highway" is as defined in Idaho Code 940-109(5)) located in Ada County, Idaho and including the Highway which adjoins the "Servient Estate" (the "Dominant Estate"). 1.3 ACHD has reconstructed and improved the Highway on the Dominant Estate and desires to obtain a slope easement on, under and across the Servient Estate in order to provide structural integrity to such Highway, and, on the terms and conditions hereinafter set forth, GRANTOR is willing to grant such easement to ACHD. SECTION 2. Grant and Authorized Use; Use not Exclusive. 2.1 On the terms and conditions hereinafter set forth, GRANTOR hereby grants to ACHD a perpetual easement on, under and across the Servient Estate for the following uses and purposes and no others: Sale and Purchase Agreement, Page 15 (8/20/2002) the construction and for the permanent placement of rock, dirt and related clean fill creating a slope supporting and holding up the adjacent Highway on the Dominant Estate (hereinafter "Slope"), and for maintenance and repair of such Slope; and access on the Servient Estate for planting of grass and other landscaping on the surface of the Servient Estate and for related Improvements. 2.2 This Agreement does not extend to ACHD the right to use the surface of the Servient Estate to the exclusion of Grantor, and ACHD's rights under this Agreement are subject to the rights of the Grantor and Grantor's guests, invitees, agents and contractors to use and enjoy the surface of the Servient Estate and the landscaping thereon, and to irrigate and maintain the same, provided the physical integrity of the Slope is not compromised by such activities. SECTION 3. Consideration. As consideration for the grant of this Easement ACHD agrees to: (a) pay Grantor Two Thousand Two Hundred Seven and 40/100 Dollars ($2,207.40), receipt of which is hereby acknowledged; and (b) Grantor. plant and install the landscaping on the Servient Estate, at no cost to SECTION 4. Construction and Installation. The construction of the Slope in, on and under the Servient Estate, and any repair and maintenance thereof, shall be accomplished according to good engineering practices. All costs and expenses related to the design, construction, maintenance and repair of the Slope shall be the sole responsibility and obligation of, and shall be paid by, ACHD. Provided, after the landscaping of the Servient Estate is completed by ACHO, the costs of irrigating, weeding, fertilizing, replacing diseased and dead shrubs and plants and otherwise maintaining the Landscaping and the surface of the Servient Estate shall be at the sole cost and expense of Grantor. SECTION 5. Maintenance. 5.1 ACHD shall maintain the physical integrity of the Slope in good condition and repair and as required to satisfy all requirements of applicable laws, the policies of ACHD and sound engineering practices. The repair and maintenance of the physical integrity of the Slope shall be at the sole cost and expense of ACHD; provided if the damage to the physical integrity of the Slope is as a result of the activities of Grantor, Grantor's guests, invitees, contractors or agents, the repair shall be at the sole cost and expense of Grantor. 5.2 If the Landscaping is damaged as a result of the performance by ACHD of any repair and maintenance of the physical integrity of the Slope, at its sole cost and expense ACHD shall promptly restore the damaged Landscaping. Sale and Purchase Agreement, Page 16 (8/20/2002) SECTION 6. Compliance with the Law. In its use of the Servient Estate, ACHD hereby covenants and agrees to comply in all respects with any and all federal, state and local statutes, law, ordinances, codes, policies, rules and regulations. SECTION 7. Indemnification. ACHD hereby indemnifies and saves and holds Grantor harmless from and against any and all claims for loss, injury, death or damage, and reasonable attorney's fees and costs that may be incurred by Grantor in defending such claims, caused by or arising out of its construction of the Slope on the Servient Estate, and any repair or maintenance thereof. SECTION 8. Covenants Run with the Land. This Agreement shall be a burden upon the Servient Estate and shall be appurtenant to and for the benefit of the Dominant Estate, and shall run with the land. SECTION 9. Exhibits. All exhibits attached hereto and the recitals contained herein are incorporated herein as if set forth in full herein. SECTION 10. Successors and Assiqns. This Agreement, the slope easement herein 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 Servient and Dominant Estate. SECTION 11. Recordation. This Agreement shall be recorded in the Official Real Property Records of Ada County, Idaho. Sale and Purchase Agreement, Page 17 (8/20/2002) IN WITNESS WHEREOF, the undersigned have caused this Easement to be executed the day, month and year first set forth above. THE CITY OF MERIDIAN By: By: ADA COUNTY HIGHWAY DISTRICT By Randy Lane, Right of Way Supervisor State of Idaho ) . ) S8. County of Ada ) On this day of , 2002, before me, , a Notary Public in and for the State of Idaho, personally appeared , known or identified to me to be the (office held), and , known or identified to me to be the (office held) of the Corporation that executed this instrument or the persons who executed this instrument on behalf of said Corporation, and acknowledged to me that such Corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public for the State of Idaho Residing at Idaho My Commission expires Sale and Purchase Agreement, Page 18 (8/20/2002) STATE OF IDAHO ) ) ss. County of Ada ) On this day of , 2002, before me, t a Notary Public in and for the state of Idaho, personally appeared Randy Lane, known or identified to me to be the Supervisor of the Right of Way Division of the Ada County Highway District, the person who executed this instrument of behalf of said District, and acknowledged to me that the Ada County Highway District executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Notary Public for Idaho Residing at: My commission expires: Sale and Purchase Agreement, Page 19 (8/20/2002) Ada County Highway District Project No. 502005.0 RD202-01 Overland Road - Meridian Road to Locust Grove Road . Parcel 47 . Permanent Easement Description An easement for roadway slope and irrigation purposes located in the NE ~ of the NW ~ of Section 19, TOVvTlship 3 North, Range I East, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at a brass cap monument marking the northeasterly corner of said NE ~ of the NW ~ from which a 5/8 inch diameter iron pin marking the northwesterly corner of said NE ~ of the NW ~ bears S 89043'25" W a distance of 1327.75 feet; Thence S 89043'25" W along the northerly boundary of said NE ~ of the NW ~ a distance of 179.60 feet to a point; Thence leaving said northerly boundary S 0016'35" E a distance of 45.00 feet to the POfNT OF BEGINNING; Thence S 44043'25" W a distance of7.64 feet to a point; Thence EAST a distance of 90.65 feet to a point; Thence S 55028'04" E a distance of 44.15 feet to a point; Thence S 0016'35" E a distance of 13.74 feet to a point; Thence N 89043'25" E a distance of 17.15 feet to a point; Thence N 0035' 12" E a distance of 44.79 feet to a point; Thence S 89043'25" W a distance of 139.32 feet to the POINT OF BEGINNING. This parcel contains 0.045 acres (1,947 square feet) and is subject to any other easements existing or in use. Prepared by: GleIUl K. BeIUlett, PLS Civil Survey Consultants, Incorporated Revised: September 24,2002 KECORDEO-RE ,1GM~" C",(,j"U,'H,TY, ,R"E,CO, flOER ~ ~ : 0 t.' I!~' 'I" Iff, c.r,,, " ;?~:~~!,1~6~~,:;~:n'J ~ FEE 0 2002 DC I 6 Pf1 3: 27 102119242 MERIDIAN CITY CITY OF MERIDIAN ORDINANCE NO. 02- q 19 AN ORDINANCE FlNDING THAT CERTAIN LAND TO BE KNOWN AS STATEN PARK SUBDNISION THE LOCATION OF WHICH LIES CONTIGUOUS OR ADJACENT TO THE CITY LIMITS OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; AND FlNDING THAT THE OWNER, CAFCO, INC., AN IDAHO CORPORATION, HAS MADE A REQUEST FOR ANNEXATION IN WRITING TO THE COUNCIL; AND THAT SAID LAND BE ANNEXED TO THE CITY OF MERIDIAN AND ZONING DESIGNATED LOW DENSITY RESIDENTIAL DISTRICT (R-4); AND DECLARING THAT SAID LAND, BY PROPER LEGAL DESCRIPTION AS DESCRIBED BELOW, BE A PART OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID PROPERTY TO THE OFFICIAL MAPS OF THE CITY OF MERIDIAN, IDAHO; AND DIRECTING THE CLERK OF THE CITY OF MERIDIAN TO FILE A CERTIFIED COPY OF THE ORDINANCE AND MAP OF THE AREAS TO BE ANNEXED WITH ADA COUNTY RECORDER, AUDITOR, TREASURER AND ASSESSOR, AND THE STATE TAX COIvl.MISSION OF THE STATE OF IDAHO, PURSUANT TO IDAHO CODE SECTION 50-223 AND SECTION 63-2215. BE IT 0 RDAINED BY THE MAYOR AND THE COUNCIL 0 F THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. FINDINGS: That the following described land is contiguous and adjacent to the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation to the City of Meridian, Idaho, by the owner of said Property to-wit: PARCEL 2, as shown on Record of survey No. 4892, recorded as Instrument No. 97101984 in the Ada County Recorder's office, being a parcel of land in Government Lot 4 of Section 3., T .3N., R.1 W., B.M., Ada County, Idaho, being more particularly described as follows: Commencing at the northwest comer of said Section 3, in the intersection of Us tick Road and Black Cat Road; thence, S. 89010'38" E, 1314.32 feet (S. 89053"E., 1320.0 feet per previous deed) along the north line of said Section (centerline of Us tick Road) to the northeast comer of said Government Lot 4 and the POINT OF BEGINNING; thence, .ANNEXATION AND ZONING ORDINANCE (AZ-OI-009) - 1 S. 00033 '02" W. (S.0008"W), 834.98 feet along the east line of said Lot 4 to a point in the centerline of Eight Mile Lateral of the Ridenbaugh canal; thence, along said centerline the following courses: N. 49045'05" W., 57.26 feet; thence N. 57020'47" W., 192.74 feet; thence, N. 54035'00" W., 126.50 feet; thence, N. 63059'23" W., 202.17 feet; thence, N. 60005'49" W:, 48.03 feet to a point; thence, leaving said centerline, N. 00033'02" E., 515.75 feet to a point on the north line of said Section 3 (centerline of Us tick Road); thence continuing, N. 00033'02" E., 25.00 feet to a point on the north right of way of Us tick Road; thence, S. 89010'38" E., 535.54 feet along said right of way to a point; thence, S. 00033'02" W., 25.00 feet to the POINT OF BEGINNING, said Parcel 2 containing 8.46 acres of land, more ore less, and being subj ect to the right of way of said Ustick Road and the easement for said Eight Mile LateraL SECTION 2: That the above-described real property be, and the same is hereby mmexed and made a part of the City of Meridian, Ada County, Idaho. SECTION 3: That the real property herein by this ordinance annexed to the City of Meridian hereinabove described shall be zoned Low Density Residential District (R-4). SECTION 4: That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, comprehensive plan and all official maps depicting the boundaries ofthe City of Meridian in accordance with this ordinance. SECTION 5: The zoning designation set forth in Section 3 of this ANNEXATION AND ZONING ORDINANCE (AZ-OI-009) - 2 ordinance is subject to the terms and conditions ofthat certain Development Agreement by and between 411, the City of Meridian and the owner of the land described in Section 1 dated the - day of Oc.i1l6-~ , 200 z,., and that the uses are to be developed under the planned residential development. SECTION 6: All ordinances, resolutions, orders or parts thereofin conflict herewith are hereby repealed, rescinded and annulled. SECTION 7: This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8: The Clerk ofthe City of Meridian shall, within ten (10) days following the effective date ofthis ordinance, duly file a certified copy ofthis ordinance and a map prepared in a draftsman manner plainly and clearly designating the boundaries ofthe City of Meridian, including the lands herein annexed, with the following officials ofthe County of Ada, State ofIdaho, to- wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho, all in compliance with Idaho Code 163-2215 and 150-223. ANNEXATION AND ZONING ORDINANCE (AZ-OI-Q09) - 3 PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 15-1f;: day of t9cfp~ ,2002. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this (g-l!:: day of t/chhev ,2002. ATTEST: ' \\\\1\lllli1llJ; ~- \1-\ to Gte--. IIi '\\'~i of WICN'!h 11// ,':- "" "'vJ.,,'J 1/.- ,I L ~ ~ j" c} "cp<f\POR;:j0o /1-- '\ dt~/~ , I ~" - ~ CITY CLERK _ SEAL ~ Y': & ~ , :; </0 ....OJ O~ First Reading: (O.-/~ -02- % "1'<') U8/1S\' ~ / Adopted after first reading by suspenSi9;~ (t~,~l~~~,.a'llowed pursuant to Idaho Code 50-902 Yes: )( No: II:;, . \\' , Second Reading: Third Reading: ANNEXATION AND ZONING ORDINANCE (AZ-Ol-009) - 4 STATE OF IDAHO,) : ss. County of Ada. ) On this 11S'~day of oofober , 2002, before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk of the CITY of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) Q.'IIl1O'" 10 III Co ..0"'> 9J.~L~~.. 1ll~~OT~;~..~~. 1:1,? I ""V or "..r f$J III I , G Il , \ III III : I III II' , f III 'Ill .. I (I 'Ill '.. , : .. cP~...tom..1c;.~o.. ..~"'l~--~...r""IM:.. .o~J3OF)J-'.:.. 1I'1lI1111l..llB'II) 2 hOJl 6Yl S vrU {:~ NOTARY PUBLIC FOR IDAHO RESIDING A T:~d ol:olUit5-~ Jlatw MY COMMISSION EXPIRES: if - Ze-or:; Z:\ Work\M\Meridian\Meridian I 5360M\Staten Park Sub V ARO 1-009 AZO 1-009 PPOI-012\AZOrd.doc ANNEXATION AND ZONING ORDINANCE (AZ-OI-009) - 5 ~ ,001Se /./ M.leO~~~~90S ii~ Ii c, LU P Co ~ (');1; f~ ~ o,m CO !) OOi J) ic - \)-.. ('.... ~ ~l O~ Zm Wa.. Oc: Z$ <(.21 Zoo o a::: o ~ ~ Z N W Oi -I .. <S ~ (/) Cl 0?E~~~ Zm--"ON::;t o "" - - LO 02~~~~p <(0 0 ~~O Wmr;;IO(O(O Ill:;fzzzz 8 :> Z ~N ::- <(!:: ('b ii: O~&3 - n::: Ii' 0 ~ ww~ I- 00:::: ~Q ":::1-" M LLO:::~ g O~i5 :g >-~ffi tJ5 !:: ui :!; Og <0 W ...l III j':5I vO.....(<) 1-W.......U1~C! W 0 '" . (() C\l co Z2.....~N~"<t :::::iWLOT"'"T"'" ...l W NMvLO Z:J...l...J...l...l :::::i ,BS'VE9 M.IG~OOOS C> 11..2 Oz I-Z Z- -0 Ow D..1II 'i ,SL"S~g 3"eO~EEoOON ~ CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN To: The Recorder. Auditor. Treasurer and Assessor of Ada County. and The State Tax Commission of the State of Idaho I. WILLIAM G. BERG, JR.. City Clerk. of the City of Meridian. Ada County. State of Idaho, do hereby certify that the attached cop~ of Ordinance No.t>2-rp~sed by the City Council of the City of Meridian. on the /5- day of tJc/t;6trv .2002. is a true and correct copy of the original of said document which is in the care. custody and control of the City Clerk of the City of Meridian. \l11111/ \\\\1 1IIIf \\\ C llflf- 1/1 ,,\'\ _lOt rva.:.f(;'^ 1// ", :<.. '\ 'ZJ/.n /F'-;.. .:,;.' c} ~POR .71,.- ~ ~ ~ ,c,o '~~ s L~n ,,~ 0 ~ ~~ ~ ( SEAL I WILLIAM G. ~BERG, JR. ' -: ~G & ~ ;. _~ Q(; "C!> 0 2 -::;. f<::, SJ 1S\ . -<,':;- '. ~ ~ ~ STATE OF IDAHO;;I) C();., -.o---r '$) \,\,'\' .(-" \... "-'. ., i' \\\. :"SS,. .:,\\ County of Ada, ) On this /t;-tk day of t)C~v , in the year 2002, before me, S0C1( /JYl(<;f vu:.-t.t--v . a Notary Public, appeared WILLIAM G. BERG. JR., known or identified to me to be the City Clerk. respectively. of the City of Meridian, Idaho that executed the said instrument, and acknowledged to me that he executed the same on behalf of the City of Meridian. (SEAL) ._1iiIfll1IliIlI" .0 ON S~. ~~~oT~~~~. "O::l / ..... "...... \:......e. " I , 1iiI D I , S III I : III s I , Q iii \ , 11I1 .. \ / a 01) 'b.._ - C' a .. ~~..~ U.tlt.1!,,:,~O. ". -r"'t~--'.;n~.. .,,:".qQFlY... -.IIIIIIIIl"". ShM6Y1S;,VLt -t~ Notary Public for Idaho Commission Expires: 04 -Z% ..-DS l:\ Work\M\Meridian\Meridian 15360M\Staten Park Sub V ARO [..{J09 AlO 1-009 PPO 1-012\CertificationOfClerkOrd.doc CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN - (AZ-OI-005) ** TX qMATJON REPORT ** 11 13 14 15 16 17 18 213 21 22 23 24 25 26 27 28 29 30 31 32 DATE TI ME TO/FROM Ie/II 11'47 381131613 Ie/II 11'51 PUBLIC WORKS 10/11 11'522088881193 Ie/II 11:54 8841159 Ie/II 11:55 2088840744 113/11 11' 57 21388467366 Ie/II 11'58 2e8 898 55el Ie/II 12'00 LIBRARY Ie/II 12'01 92083776449 113/11 12: 03 2138 388 6924 10/11 12:05 2088886854 Ie/II 12:06 2083757154 Ie/II 12'07 895e3ge Ie/II 12'139 208 387 6393 Ie/II 12'11 ADA CTY DEUELMT Ie/II 12'13 CHERRY LANE Ie/II 12'15 POST OFFICE Ie/II 12:17208888 1983 Ie/II 12:19 [D PRESS TRIBUNE Ie/II 12'20 208 888 67130 AS OF OCT 11 '02 CITY OF MERIDIAN PAGE. 131 MOllE: EC--S UF--S EC--S EC--S EC--S EC--S EC--S EC--S EC-S EC--5 EC--S EC--S EC--S EC--S G3-S EC--S EC--S G3--S EC--5 EC-S MIWSEC PGS 01 '26" 13133 00' 413" 003 013'52" 003 1313' 52" 003 ee'52" 13133 1313'53" 003 00'51" 003 131'136" 0133 0\;)' 51" 13133 el'05" 13133 1313'52" 13e3 1313'52" 1<103 130'51" 003 130'52" 0133 el'43" e03 131'06" 0133 el'27" 1<103 01'15" 003 00'55" 0133 e13'54" 003 CMDIl 034 034 034 034 e34 034 034 034 034 034 1334 034 1334 12134 1334 034 034 1334 034 034 STATUS OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK PleQSe. 11%-1: :JW-'P~c Ylotice-ltratlts! CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, October 15, 2002 at 7:00 p.m. 1. Roll-call Attendance: City Council Chambers _ Tammy de Weerd _ Bill Nary Cherie McCandless _ Keith Bird _ Mayor Robert Corrie 2. Adoption of the Agenda: 3. Consent Agenda: A, Approve minutes of October 1, 2002 City Council Regular Meeting: B. Findings of Fact and Conclusions of Law: MI 02-008 Request for approval to construct a temporary private road for the construction of Phase 1 of Fairview Lakes by Hopkins Financial Services, Inc. - 824 East Fairviaw Avenue: C. Findings of Fact and Conclusions of Law: RZ 02-()02 Request for a rezone of 1.52 acres from R-4 to L-O zones for the Holv Nativity Episcopal Church by the Holy Nativity Episcopal Church -1021 WestSlh Street: D. Findings of Fact and Conclusions of Law: AZ 02-017 Request for annexation and zoning of 5.41 acres from M.1 to l-L zones for Ronald Yanke property by Ronald Yanke and Waiter T. Sigmont Jr. - northwest comer of East Franklin Road and North Eagle Road on East Lanark Street: E. Findings of Fact and Conclusions of Law: AZ 02-018 Request for annexation and zoning of 5 acres from RUT to L-O zones for Bair Property Annexation by Donn Reiswig - 3975 East Franklin Road: F. Development Agreement: AZ 01-009 Request for annexation and zoning of 8:15 acres from RUT to R-4 zones for proposed Staten Park Subdivision by CMD, Inc. - southeast corner of North Black Cat Road and West Uslick Road: Mmdbn Cioy COIlIlciI Aa<a4> - O<tobor 15, 2002 1'a8' I 00 A1lmuai2J:i I='ft:l:lIllU.ed.u publiC' ~mJl;tl shall btcomolll ~ ""ftbe CityoCMaidian. Anyonl:: &siring .aceommo.de.tion for diuhil~ rclm.Gd 1.0 dOaJlJlEtIll: :zd/QI' he&rirlgs pI.... <00,"," Il1c Cily CI<rl<'. Olli'", 88t-41)) ..1lNtJ: 48 houn prior loth< """I;. II1<cl;"{r ** TX CONFIRI. .ON REPORT ** (" AS OF OCT 11 '.",,,, 12:32 PAGE. 01 CITY OF MERIDIAN DATE TIME TO/FROM MODE MIN/SEC PGS 01 10/11 12:25 CHERIE MCCANDLES EC--S 0:1.'05" 003 02 10/1:1. 12:32 CHAMBER-COMMERCE ----5 00'00" 000 THIS DOCUMENT IS STILL IN MEMORY CMDI:I STATUS 034 OK 034 BUSY ~ ttQse. 10&1: for 1>u1?1c Ylotiu -thallt-S'! CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, October 15. 2002 at 7:00 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 of October 1. 2002 City Council Regular Meeting: B. Findings of Fact and Conclusions of Law: M. 02~008 Request for approval to construct a temporary private road for the construction of Phase 1 of Fairview Lakes by Hopkins Financial Services, Inc. - 824 East Fairview Avenue: C. Findings of Fact and Conclusions of Law: RZ 02-002 Request for a rezone of 1.52 acres from R-4 to L-O zones for the Holv Nativity Episcopal Church by the Holy Nativity Episcopal Church - 1021 West 8th Street D. Findings of Fact and Conclusions of Law: AZ 02-011 Request for annexation and zoning of 5.41 acres from M-1 to I-L zones for Ronald Yanke property by Ronald Yanke and Walter T. Sigmont Jr. - northwest comer of East Franklin Road and North Eagle Road on East lanark Street: E. Findings of Fact and Conclusions of Law: AZ 02..018 Request for annexation and zoning of 5 acres from RUT to L -0 zones for Bair PropertY Annexation by Donn Reiswig - 3975 East Franklin Road: F. Development Agreement: AZ 01-009 Request for annexation and zoning of 8.15 acres from RUT to R-4 zones for proposed Staten Park Subdivision by CMD, 'nc. - southeast corner of North Black Cat Road and West Ustick Road: Mttidi>ll Ciry COWIclJ Aftttlda -OClOM 15, 2001 Psge 1 Dn All mnl<ri:ll$ ~\cd.al. public _\!1iligll sholl become property orw City ofMcridian. A.nyOIl< dcstrm~ 8<<'Ctlllll1GdaliOll fa< diEllbilitk> rdoled 10 doouu>rlllS.1I)d'or hearing_ plcllR ~at:lc:1. ~ Cil)' Clork'. Olliee DI8Sll-44~:J at I~ 48 ho<m pr;OI' to the public mcolin~ V ~ClSt 10si JOy rp~L YlCytlce -rhcuzt~.t CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, October 15,2002 at 7:00 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 of October 1, 2002 City Council Regular Meeting: B. Findings of Fact and Conclusions of Law: M102-008 Request for approval to construct a temporary private road for the construction of Phase 1 of Fairview Lakes by Hopkins Financial Services, Inc. - 824 East Fairview Avenue: C. Findings of Fact and Conclusions of Law: RZ 02-002 Request for a rezone of 1.52 acres from R-4 to L-O zones for the Holv Nativity Episcopal Church by the Holy Nativity Episcopal Church - 1021 West 8th Street: D. Findings of Fact and Conclusions of law: AZ 02-017 Request for annexation and zoning of 5.41 acres from M-1 to I-L zones for Ronald Yanke property by Ronald Yanke and Walter T. Sigmont Jr. - northwest corner of East Franklin Road and North Eagle Road on East Lanark Street: E. Findings of Fact and Conclusions of law: AZ 02-018 Request for annexation and zoning of 5 acres from RUT to L-O zones for Bair Property Annexation by Donn Reiswig - 3975 East Franklin Road: F. Development Agreement: AZ 01-009 Request for annexation and zoning of 8.15 acres from RUT to R-4 zones for proposed Staten Park Subdivision by CMD, Inc. - southeast corner of North Black Cat Road and West Ustick Road: Meridian City Council Agenda - October 15,2002 Page 1 of3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring acconunodation 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. G. Agreement for Services with MD Willis, Inc.: H. Approve New Beer and Liquor License Applications for Goodwood Barbecue -1140 N. Eagle Road: I. Approve Beer License Transfer and New Liquor License Application for Tequila Grill Restaurante by David Samuelson - 2031 E. Fairview Avenue, Suite 103: J. Silverstone Subdivision Water Latecomer Agreement - Sundance Development Company: K. Sale and Purchase Agreement, Permanent Slope Agreement, Temporary Construction Easement, and Addendum to Temporary Construction Easement for the Overland Road Rebuild Project - Ada County Highway District: 4. Department Reports: 5. (Items Moved from Consent Agenda) 6. Ordinance No. AZ. 01 ~009 Request for annexation and zoning of 8.15 acres from RUT to R-4 zones for proposed Staten Park Subdivision by CMD, Inc. - southeast corner of North Black Cat Road and West Ustick Road: 7. Public Hearing: AZ 02~020 Request for annexation and zoning of 39.96 acres from RUT to R-4 zones for proposed Castlebrook Subdivision by Crest line Development, LLC - 950 North Black Cat Road: 8. Public Hearing: PP 02~016 Request for Preliminary Plat approval of 120 building lots and 11 other lots on 39.96 acres in a proposed R-4 zone for proposed Castlebrook Subdivision by Crestline Development LLC - 950 North Black Cat Road: 9. Public Hearing: CUP 02-023 Request for a Conditional Use Permit to place a Class A manufactured home on a permanent foundation in an L-O zone for Treasure Vallev Worship Center by Treasure Valley Worship Center - 50 West Spicewood Drive: 10. Public Hearing: CUP 02-024 Request for a Conditional Use Permit proposing two buildings with drive-thru windows and two buildings on recorded lot in a C-C zone for Silverstone Corporate Center by The Sundance Company - southeast comer of East Overland Road and South Eagle Road: Meridian City Council Agenda - October 15,2002 Page 2 of3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring 3CC<lmmodation 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. Public Hearing: AZ 02-019 Request for annexation and zoning of 5.01 acres from RUT to R-3 zones for proposed Drawbridae Subdivision by Pinnacle Engineers, Inc. - 4365 North Ten Mile Road: 12. Public Hearing: PP 02-015 Request for Preliminary Plat approval of 9 building lots and 4 other lots on 5.01 acres in a proposed R-3 zone for proposed DrawbridQe Subdivision by Pinnacle Engineers, Inc.- 4365 North Ten Mile Road: Meridian City Council Agenda - October 15,2002 Page 3 of3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring acconunodation 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. i '.. Item Packet Pickup MEETING DATE: OCt-o~L 16, 2DO~ &~ Cotvrt~ ( CITY OF MERIDIAN PRE~COUNCIL MEETING AGENDA Tuesday, October 15, 2002 at 6:00 p.m. City Council Chambers 1. RolI~call Attendance: X Tammy de Weerd ---x- Cherie M~Candless X Mayor Robert Corrie K X Bill Nary Keith Bird 2. Adoption of the Agenda: ti-tp-rPI/LE:-- 3. Executive Session per Idaho Code 67~2345 (1)(c): 110 dec/J;~ Meridian City Council Agenda - October 15, 2002 Page t of 1 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. ., h,~~Q olfe;;dl~~~ \. '" IDAHO }~ .A Y ""~ n ./' . 'he , 0 '~"SI"CE : 1~GJ LEGAL DEPARTMENT (208) 288-2499 . Fax 288-2501 PARKS & RECREATION (208 888-3579 . Fax 898-550 I PUBLIC WORKS (208) 898-5500 'Fax 887-1297 BUILDING DEPARTMENT (208) 887.2211 . Fax 887-1297 PLANNING AND ZONING (208) 884.5533 . Fax 888.6854 MAYOR Robert D. Corrie CITY COUNCIL MEMBERS Tammy deWeerd William L. M. Nary Cherie McCandless Keith Bird NOTICE OF PRE-COUNCil MEETING MERIDIAN CITY COUNCil NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold a Pre-Council'Meeting at City Hall, 33 East Idaho, Meridian, Idaho, on Tuesday, October 15,2002 at 6:00 P.M. The Meridian City Council will be discussing agenda items which are on the regular scheduled City Council meeting as well as the following issues: - Executive Session per Idaho Code 67-2345 (1)(e): The Executive Session is closed to the public, however the public is welcome to attend the remainder of the meeting. DATED this 11th day of October, 2002. ~~~~~ WILLIAM G. BERG, JR. - ITY CLERK , ... 33 EAST IDAHO. MERIDIAN, IDAHO 83642 (208) 888-4433 . Fax (208) 887-4813 . City Clerk Office Fax (208) 888-42 J 8 . Human Resources Fax (208) 288-1193 November 1, 2002 MERIDIAN CITY COUNCIL MEETING APPLICANT REQUEST November 6,2002 ITEM NO. Approve minutes of October 15, 2002 Pre-Council Meeting: 3-1) AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FI RE 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 vV wfr Date: Phone: Materials presented at public meetings shall become properly of the City of Meridian. CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Tuesday, October 15,2002 at 6:00 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: Approve 3. Executive Session per Idaho Code 67-2345 (1)(c): No Decision Meridian City Council Agenda - October 15,2002 Page 1 of! All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Meridian City Pre-Council Meetinq October 15, 2002 The Pre-Council Meeting of the Meridian City Council was called to order at 6:00 p.m. on October 15,2002, by Mayor Robert Corrie. Members Present: Robert Corrie, Cherie McCandless, Bill Nary, Tammy de Weerd, and Keith Bird. Others Present: Bill Nichols and Will Berg. Item 1. Roll-call Attendance: X Tammy de Weerd X Bill Nary X Cherie McCandless X Keith Bird X Mayor Robert Corrie Corrie: I'll open the Pre-Council meeting agenda have October the 15th 2002 at 6:00 P.M. Please [lave roll-call attendance please Mr. Clerk. Item 2. Adoption of the Agenda: Corrie: Item Number 2 is adoption of the agenda. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I move we adopt the agenda as published for the Pre-Council Meeting. McCandless: Second. Corrie: Adopt the agenda for the Pre-Council Meeting. All those in favor say aye. All ayes motion carried. MOTION CARRIED: ALL AYES Item 3. Executive Session per Idaho Code 67-2345 (1)(c): Corrie: I'll entertain a motion to go into Executive Session then. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I move we go into Executive Session per Idaho Code 67-2345 (1 )( c). Meridian City Pre-Council MeetErl\,! October 15, 2002 Page 2 of 2 De Weerd: Second. Corrie: Motion made and seconded. Roll call vote please Mr. Berg. Roll call vote: Bird, aye; De Weerd, aye; McCandless, aye; Nary, aye. All ayes. (Enter Executive Session) (Return from Executive Session 6:53 P.M.) Corrie: I'll entertain a motion to come out of Executive Session. Bird: So moved. McCandless: Second. Corrie: All in favor say aye. All ayes, motion carried. With that I'll entertain a motion to close the. Pre-Council Meeting. Nary: So moved. Bird: Second. Corrie: Motion has been made and seconded. Let the record show that no decisions were made in the Executive session at this point. All those in favor of closing the Pre-Council Meeting say aye. Opposed no? All ayes motion carried. We closed at 7:54. Excuse me 6:54. MOTION CARRIED: ALL AYES. MEETING ADJOURNED 6:54 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) II / 6 / 02- DATE - ~ MAYOR Robert D. Corrie .~. i,.. Ji', .""'......'iW~ ,>- ~;I-e"'I'~~..'~'.; cMe;;dl;~~; " IDAHO LEGAL DEPARTMENT (208) 288.2499 . Fax 288-250 I PARKS & RECREATION (208 888.3579 . Fax 898-550 I PUBLIC WORKS (208) 898-5500 .Fax 887.] 297 BUILDING DEPARTMENT (208) 887-2211 . Fax 887-1297 PLANNING AND ZONING (208) 884-5533 . Fax 888-6854 CITY COUNCIL MEMBERS Tammy deWccrd William L. M. Nary Cherie 1vh:Candlcss Keith BIrd NOTICE OF PRE-COUNCIL MEETING MERIDIAN CITY COUNCIL NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold a Pre-Council Meeting at City Hall, 33 East Idaho, Meridian, Idaho, on Tuesday, October 15,2002 at 6:00 P.M. The Meridian City Council will be discussing agenda items which are on the regular scheduled City Council meeting as well as the following issues: - Executive Session per Idaho Code 67-2345 (1)(e): The Executive Session is closed to the public, however the public is welcome to attend the remainder of the meeting. DATED this 11th day of October, 2002. ~t:.~ 4-;X.> WILLIAM G. BERG, ~ ~ 33 EAST IDAHO. MERIDIAN, IDAHO 83642 (208) 888-4433' Fax (208) 887-4813 . City Clerk Office Fax (208) 888-4218 . Human Resources Fax (208) 288-1 193 <p Leat.. 9DS{ for rub ~(c.- fUrti ~ -Ihcwz r-s! MAYOR Robert D. Corrie . .J:i: cUe~;dl;~~~'; \, IDAHO I~ A Y !>~ ,d;- e" em.? .V " $1m , 1903 LEGAL DEPARTMENT (208) 288-2499 . Fax 288-250] PARKS & RECREATION (208 888-3579 . Fax 898-550 I PUBLIC WORKS (208) 898.5500 'Fax 887-] 297 BUILDING DEPARTMENT (208) 887-221] . Fax 887-1297 PLANNING AND ZONING (208) 884-5533 . Fax 888-6854 CITY COUNCIL MEMBERS Tammy deWeerd William L. M. Nary Chene McCandless Keith Bird NOTICE OF PRE~COUNCIL MEETING MERIDIAN CITY COUNCIL NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold a Pre-Council Meeting at City Hall, 33 East Idaho, Meridian, Idaho, on Tuesday, October 15,2002 at 6:00 P.M. The Meridian City Council will be discussing agenda items which are on the regular scheduled City Council meeting as well as the following issues: - Executive Session per Idaho Code 67-2345 (1)(c): The Executive Session is closed to the public, however the public is welcome to attend the remainder of the meeting. DATED this 11 th day of October, 2002. A~ 4-pc. WILLIAM G. BERG, \ \ \ \ \ \l1l11l111// \\\ Mt::,.., 'I, ,"'\_1 Of o...rtlf); 1111I " :\, ~-1. // .;- c} of\PoR..1 h ~ /~ 2 ~0 ~ ~ ~ ~ ~ - - ~ ~ - ~ 7 ~ ~ (:...1':'\ 0 :::: -;;...., "(/.,, '~:::: ~ rA .;:" ie', . ...,-.,..::- -;.. VA " \,,- .~ ..-;../... ~1 c- \9 ......,.... /1 r)1 .... ,_ -......' \L,' 'i//o \- r - \\\\. " . 33 EAST IDAHO. MERIDIAN, IDAHO 83642 (208) 888-4433. Fax (208) 887-4813 . City Clerk Office Fax (208) 888-4218 . Human Resources Fax (208) 288-1193 ** TX CONFIRMATION REPORT ** AS OF OCT 11 '02 11:37 PAGE. 01 CITY OF MERIDIAN DATE TIME TO/FROM MODE MIN/SEC PGS CMDt:! STATUS 01 10/11 11:06 PUBLIC WORKS UF--S 00'14" 001 032 OK 02 12)/11 11:07 2088881193 EC--S 00'24" 001 032 OK 03 10/11 11: 08 8841159 EC--S 00'24" 001 032 OK 04 10/11 11:09 2088840744 EC--S 00'24" 001 032 OK 05 10/11 11:10 2088467366 EC--S 00'24" 001 032 OK 06 10/11 11:11 208 898 5501 EC--S 00'23" 001 032 OK 07 10/11 11: 12 LIBRARY EC--S 00'28" 001 032 OK 08 10/11 11:13 92083776449 EC--S 00'23" 001 032 OK 09 10/11 11:14 208 388 6924 EC--S 00'27" 001 032 OK 10 10/11 11:15 2088886854 EC--S 00'22" 001 032 OK 11 10/11 11:16 2083757154 EC--S 00'24" 001 032 OK 12 10/11 11:17 8950390 EC--S 00'23" 001 032 OK 13 10/11 11:18 208 387 6393 EC--S 00'23" 001 032 OK 14 10/11 11:19 ADA CTY DEVELMT G3--S 00'41" 001 032 OK 15 10/11 11:20 CHERIE MCCANDLES EC--S 00'27" 001 032 OK 16 10/11 11:21 CHERRY LANE EC--S 00'27" 001 032 OK 17 10/11 11:22 POST OFFICE EC--S 00'33" 001 032 OK 18 10/11 11:23 208 888 1983 G3--S 00'29" 001 032 OK 19 10/11 11:24 ID PRESS TRIBUNE EC--S 00'23" 001 032 OK 20 10/11 11:25 208 888 6700 EC--S 00'24" 001 032 OK 25 10/11 11:313 3810160 EC--S 00'33" 001 032 OK ----------------~----------------~----------------------~---~--------------------~------~--- tpL€Mt ?O'bi: fur ?uh.~.f-;llo+i Ce- --rhewz~s! MAYOR Robert D. Corrie " ~)~I[ , 19Q~ LEGAL DEPARTME!NT (208) 288-2499 . FllX 288-25OJ PARKS & RECREATION (208 SIlB-3S79 . Fax 898-5501 PUBLIC WOF.KS (208) 898-5500 'FIlX 887-1297 BUILDING DEPARTMENT (208) 887-2211 . Fax 887-1297 PLANNING AND ZONING (208) 884-5533 . Fax. 888.68.54 ClTY COUNCIL MEMBERS Tammy dcWecrd William L. M. Nary Cherie McCandh:ss Keith Bird NOTICE OF PRE-COUNCIL MEETING MERIDIAN CITY COUNCIL NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold a Pre-Council Meeting at City Hall, 33 East Idaho, Meridian, Idaho, on Tuesday, October 15, 2002 at 6:00 P.M. The Meridian City Council will be ...-.1:___ ._....:--~ ~ ** COMMUNICATIONS REPORT ** AS OF OCT 11 '02 11:37 PAGE. 01 CITY OF MERIDIAN TOTAL PAGES TOTAL T I ME SEND 0032 SEND 00012'09" RECE ruE 0000 RECEIVE 00000'00" DATE TIME TO/FROM MODE MIN/SEC PGS CMDI:I STATUS 01 10/11 11:06 PUBLIC WORKS UF--S 00'14" 001 032 OK 02 10/11 11:07 2088881193 EC--S 00'24" 001 032 OK 03 10/11 11: 08 8841159 EC--S 00'24" 001 032 OK 04 10/11 11=09 2088840744 EC--S 00'24" 001 032 OK 05 10/11 11:10 2088467366 EC--S 00'24" 001 032 OK 06 10/11 11:11 208 898 5501 EC--S 00'23" 001 032 OK 07 10/11 11: 12 LIBRARY EC--S 00'28" 001 032 OK 08 10/11 11:13 92083776449 EC--S 00'23" 001 032 OK 09 10/11 11:14 208 388 6924 EC--S 00'27" 001 032 OK 10 10/11 11=15 2088886854 EC--S 00'22" 001 032 OK 11 10/11 11:16 2083757154 EC--S 00'24" 001 032 OK 12 10/11 11:17 8950390 EC--S 00'23" 001 032 OK 13 10/11 11:18 208.387 6393 EC--S 00'23" 001 032 OK 14 10/11 11:19 ADA CTY DEVELMT G3--S 00'41" 001 032 OK 15 10/11 11:20 CHERIE MCCANDLES EC--S 00'27" 001 032 OK 16 10/11 11:21 CHERRY LANE EC--S 00'27" 001 032 OK 17 10/11 11:22 POST OFFICE EC--S 00'33" 001 032 OK 18 10/11 11:23 208 888 1983 G3--S 00'29" 001 032 OK 19 10/11 11:24 ID PRESS TRIBUNE EC--S 00'23" 001 032 OK 20 10/11 11:25 208 888 6700 EC--S 00'24" 001 032 OK 21 10/11 11:26 3810160 EC--S 00'23" 001 033 OK 22 10/11 11:27 PUBLIC WORKS UF--S 00'09" 001 033 OK 23 10/11 11:28 2088881193 EC--S 00'17" 001 033 OK 24 10/11 11: 29 8841159 EC--S 00' 18" 001 033 OK 25 10/11 11:30 3810160 EC--S 00'33" 001 032 OK 26 10/11 11:31 2088840744 EC--S 00'16" 001 033 OK 27 10/11 11:32 2088467366 EC--S 00'18" 001 033 OK 28 10/11 11:33 208 898 5501 EC--S 00'17" 001 033 OK 29 10/11 11 : 34 LI BRARY EC--S 00'18" 001 033 OK 30 10/11 11:34 92083776449 EC--S 00'18" 001 033 OK 31 10/11 11:35 208 388 6924 EC--S 00' 17" 001 033 OK 32 10/11 11:36 2088886854 EC--S 00' 18" 001 033 OK i ** TX CONFIRMn;.ON REPORT ** / i AS OF OCT 11 '02 11:38 PRGE.01 CITY OF MERIDIAN DATE TIME TO/FROM MODE MIN/SEC PGS CMD~ STATUS 02 1l21/11 11: 38 CHAMBER-COMMERCE ---5 00' 00" 000 032 BUSY THIS DOCUMENT IS STILL IN MEMORY 1>~t ?OS{ .for ru,hflyftofi ~ - lhWiZf:S! MAYOR Robert D. Conic ~. . ~C1TYOF it~ I. ""- "" erldian-~~ \ ~D^HO l ;. / alw'C I '~lJ,' LEGAL DEPARTMENT (208) 288-24~9 . Fnx 28~.250l PARKS & R!>CREATION (208 888-3579 . F:\lt 81lB-5S01 PUBLIC WOnKS (208) 898-5500 .Fn.>; BB7.12?7 BUILDlNG DEPARTMENT (Z08) 887-22l1 . FiU 887-1297 PLANNING AND ZONING (208) 8&4.5533 . Fu 888.6854 CITY COUNCIL MEMBERS TmTJrny d~W~crd Wi11i~m L. M. Nary Cherie McCandles~ Keith :Bird NOTICE OF PRE-COUNCIL MEETING MERIDIAN CITY COUNCIL NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold a Pre~CounCiI Meeting at City Hall, 33 East Idaho, Meridian, Idaho, on Tuesday. October 15.2002 at 6:00 P.M. The Meridian City Council will be discussing agenda items which are on the regular scheduled City Council meeting as well as the following issues: ~ Executive Session per Idaho Gode 67-2345 (1)(c): The Executive Session ;s closed to the public, however the public is welcome to attend the remainder of the meeting. DATED this 11th day of October, 2002. .Jk~~~~ WILLIAM G. BERG, . - liY CLERK 33 EAST IDAHO. MERIDIAN, IDAHO 83642 (208) 888.4433. FM (208) 887.48t3 . CilyCl~rk Offi~~ Fax (20B) 888-4218 . Human Resources FIDI (208) 288-1193 i ** TX CONF\ ,rrON REPORT ** ( \ AS OF OCT 11 '132_~:37 PAGE. 01 21 22 23 2<1 26 27 28 29 30 31 32 DATE TIME TO/FROM 10/11 11:26 381131613 113/11 11:27 PU8LIC WORKS 10/11 11:28 2088881193 113/11 11:29 8841159 10/11 11:31 213888413744 113/11 11:32 2088467366 10/11 11:33 208 898 5501 10/11 11:34 LIBRARY 10/11 11:34 92083776449 10/11 11:35 208 3eB 6924 10/11 11:36 2088886854 CITY OF MERIDIRN MODE EC--S UF--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S MIN/SEC PGS 130'23" 001 eQ'09" 001 013' 17" 001 013'18" 001 130' 16" eel 013'18" 001 00' 17" 001 1313'18" 001 1313' 18" 001 00'17" e01 130' 18" 13131 CMDl:I 033 033 033 1333 033 1333 033 1333 1333 033 033 STATUS OK OK OK OK OK OK OK OK OK OK OK ?LectSe. roBi for rpu,h.~c. Yuxl:i~- Lhtwlf.t,! CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Tuesday, October 15, 2002 at 6;00 p.m. City Council Chambers 1. Roll-call Attendance; _ Tammy de Weerd _ Bill Nary _ Cherie McCandless Keith Bird _ Mayor Robert Corrie- 2. Adoption of the Agenda; 3. Executive Session per Idaho Code 67-2345 (1)(c): Mtridi... CiryCaun<il Agendo,- OctoUr lS, 1002 hge I or 1 All m.teria!a !":",",,,"d 01 pubJi. modioli' lhAll booom. I"Op<t1yoflbt City ofMoridian. .~... dto",1\t -.tamodati.... Cor di>>bilitko r<latod to doro_ 2llJlio. bwinC; pi.... /IOlI1a<t 1M City CI<ri<'. Offi...l18g-44l3.1 kAd 48 n""" I"io< to u,. public me.line. ( f'L (.....,...., / ?LectSe. voSi JOY 1Ju.kYLtc fLOll'ci.- thMlJ-s. CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Tuesday, October 15, 2002 at 6:00 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. Executive Session per Idaho Code 67-2345 (1)(c): Meridian City Council Agenda - October 15,2002 Page 1 of 1 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. .. OCT 11 ' oC" ** TX CON( 4T10N REPORT ** AS OF ,:1313 PAGE. 131 C]TY OF MER]DIAN DATE TIME TO/FROM MODE M]N/SEC PGS CMDI:! STATUS 01 10/11 11 : 37 89513390 EC--S 00'213" eel 1333 OK 133 10/11 11:39 2138 387 6393 EC--S 130'17" eel 1333 OK 04 10/11 11:413 ADA CTY DEVELMT G3--S 013'37" 1301 033 OK 05 10/11 11:41 CHERIE MCCANDLES EC--5 G13'27" 001 033 OK 136 10/11 11 : 42 CHERRY LANE EC--S 1313' 18" 1301 1333 OK 07 113/11 11:43 POST OFFICE EC--S 130'23" eel 1333 OK 138 10/11 11:44 2138 888 1983 G3--S 013'26" 0131 033 OK 09 113/11 11:45 ]D PRESS TR]BUNE EC--S 1313'213" eel 1333 OK 113 10/11 11 : 46 208 888 670El EC--S 1313'213" eel 1333 OK 12 1121/11 11:513 2083757154 EC--S 1313'17" 1301 033 OK 19 10/11 11'59 CHAMBER-COMMERCE ----S 1313'013" 101313 1033 BUSY THIS DOCUMENT IS STILL IN MEMORY -------------------------------------------------------------------------------------------- ?LectSe. yost For 1JuJJ-Ltc ru,ti~-- Thalf/i.f.! CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Tuesday, October 1 S, 2002 at 6:00 p.m. City Council Chambers 1. Roll-call Attendance: _ TammydeWeerd _ BiJlNary Cherie McCandiess Keith Bird _ Mayor Robert Corrie- 2. Adoption of the Agenda: 3. Executive Session per Idaho Code 67 -2345 (1 )(c): Moridi... CityCwncil A&<:nda.- Oolnbtr l~, 1002 PItt I .n All Dl>t..;,u. !":c",,,,"d ot puW. mcctinsulWll>ec<>"'o P'op<ny oflbo City ofMtridion. AlIynnc dcsl"~ occnto.moda!jon for dU>biliti<s ..t.tod I. d....monts 'dlor hcoMgo pI.... oorrtocllho cot)' Clt1k., Offj"".1 BBI-l-l33'I len.HI hour.; pri... to lb. publ.. m,clicg. MAYOR Robert D. Corrie .... .',.. ~i'~ ~:'r~~~ ~^;i'lc cM'erldl;~~.'~~ CITY COUNCIL MEMBERS Tammy deWeerd William L. M. Nary Cherie McCandless Keith Bird IDAHO ~ '" {, ~, " V II j/ ../ q,,,, . ,1903 LEGAL DEPARTMENT (208) 288-2499 . Fax 288-2501 PARKS & RECREATION (208 888-3579 . Fax 898-5501 PUBLIC WORKS (208) 898-5500 'Fax 887-1297 BUILDING DEPARTMENT (208) 887-2211 . Fax 887-1297 PLANNING AND ZONING (208) 884-5533 . Fax 888-6854 NOTICE OF PRE-COUNCIL MEETING MERIDIAN CITY COUNCIL NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold a Pre-Council Meeting at City Hall, 33 East Idaho, Meridian, Idaho, on Tuesday, October 15, 2002 at 6:00 P.M. The Meridian City Council will be discussing agenda items which are on the regular scheduled City Council meeting as well as the following issues: - Executive Session per Idaho Code 67-2345 (1)(c): The Executive Session is closed to the public, however the public is welcome to attend the remainder of the meeting. DATED this 11th day of October, 2002. ~t;~ ,,6;X;r, ~ WILLIAM G. BERG, JR. - ITV CLERK 33 EAST IDAHO. MERIDIAN, IDAHO 83642 (208) 888-4433 . Fax (208) 887-4813 . City Clerk Office Fax (208) 888-4218 . Human Resources Fax (208) 288-1193 MERIDIAN CHAMBER OF COMMERCE LEADERSHIP MERIDIAN GOVERNMENT SESSION Thursday, October 10, 2002 7:30 AM "What! No such thing as a free Breakfast. # Continental Breakfast at Meridian City Council Chambers (Meridian City Hall at 33 E. Idaho Ave., Meridian) 7:50 AM Introductions 7:55AM Welcome by Mayor Corrie 8:00 AM History of Idaho Government by Dr. James Weatherby 8:45 AM Overview of Meridian City Government by Mayor Corrie and City Officials - Operations, Services, Budget, Committees, Challenges, etc. 9:15 AM Local Government Panel Discussion City of Meridian - Mayor Corrie Ada County - Commissioner Grant Kingsford Ada County Highway District - Commissioner David Wynkoop COMPASS - Associate Director Erv Olen 10:00 AM Restroom / Cell Phone Break 10:10 AM Load on Bus - Presentation by Grant Jones for ValleyRide - travel to Ada County Building 10:30 AM Tour of Ada County Building under the direction of Commissioner Grant Kingsford with overview of each department 11 :20 AM Load on Bus - travel to the Idaho SUpreme Court Building 11 :30 AM (Judicial Branch of State Government) The Structure of Idaho Courts by Chief Justice Linda Copple Trout and Patti Tobias, Administrator of the Courts Page Jof2 12:00 Noon Walk to the Department of Health and Welfare 12:10 PM UWhat? No such thing as a free lunch. N Box Lunch with Brian Whitlock (Director of Division of Financial Management) and Brad Foltman (Budget Bureau Chief) (10th Floor Conference RODm, Dept. of Health and Welfare) 1 :00 PM Walk to the Capitol 1: 1 0 PM Tour of the State Capitol Building by General Darrell Manning (First Floor of the Capitol Rotunda) 2:00 PM Restroom / Cell Phone Break 2:10 PM Legislative Process - Committees / Assignments / Testifying by Representative Fred Tilman, Chair Df the HDuse Education Committee (House Chambers) 2:40 PM Drafting Legislation by Katharine Garrity of Legislative Services (Gold Room Dn 4th Floor of the Capitol) 3:10 PM Lobbyist Panel Discussion - Pete Skamser (NFIB), Ken McClure, Rick Waitley, Julie Taylor (Blue Cross - if available) with intrDductiDns by Rep. Shirley McKague (Gold Room on 4th Floor of the Capitol) 3:50 PM Mock Legislation Debate with Senator Hal Bunderson (Senate Chambers) 4:30 PM Load on Bus - cDntinued presentatiDn by ValleyRide - return back tD Meridian City Hall 4:50 PM Meet at American LegiDn Hall (22 W. Broadway Ave., Meridian) for Social HtJUr with Lobbyists, Candidates and Elected Officials The Government SessiDn of LEADERSHIP MERIDIAN has been sponsored by Idaho Power Company and The Money Tree. PogeZofZ